11100111D
HOUSE BILL NO. 2309
Offered January 12, 2011
Prefiled January 12, 2011
A BILL to amend and reenact § 2.2-1514, as it is currently
effective and as it may become effective, of the Code of Virginia, relating to
assignments by the Comptroller of certain general fund balances.
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Patrons-- Sickles, Bulova, Carrico, McClellan and Toscano
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Referred to Committee on Appropriations
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Be it enacted by the General Assembly of Virginia:
1. That § 2.2-1514, as it is currently effective and as
it may become effective, of the Code of Virginia is amended and reenacted as
follows:
§ 2.2-1514. (Contingent expiration date - see Editor's notes)
Assignment of general fund for nonrecurring expenditures.
A. As used in this section:
"The Budget Bill" means the "The Budget
Bill" submitted pursuant to § 2.2-1509, including any amendments to a
general appropriation act pursuant to such section.
"Nonrecurring expenditures" means the acquisition or
construction of capital outlay projects as defined in § 2.2-1518, the
acquisition or construction of capital improvements, the acquisition of land,
the acquisition of equipment, or other expenditures of a one-time nature as
specified in the general appropriation act. Such term shall not include any
expenditures relating to transportation, including but not limited to
transportation maintenance.
B. At the end of each
fiscal year, the Comptroller shall assign within his annual report pursuant to § 2.2-813 a portion of
the general fund balance remaining
for (i) first, the
Revenue Stabilization Fund deposit pursuant to § 2.2-1829, and
(ii) then, the scheduled
repayment, for the current fiscal year, of deferred contributions
to defined benefit retirement plans maintained by the
Virginia Retirement System for state employees. The repayment
amounts shall
be determined pursuant to law that
requires the Governor to include in his budget bill, submitted to the General Assembly, proposed appropriations to fund supplemental
employer contribution rates established
by the Board of the Virginia Retirement System for the repayment of such deferred
contributions. The Comptroller shall
make no other assignment of the general fund balance unless the
total amounts for clauses (i) and (ii)
have been set aside from the general fund balance.
BC. At the
end of each fiscal year After the
assignments pursuant to subsection B have been made, the
Comptroller shall assign within his annual report pursuant to § 2.2-813 as
follows: one-third of the remaining amount
of the general fund balance that is not otherwise
restricted, committed, or assigned for other usage within the general fund has not been assigned shall be
assigned by the Comptroller for nonrecurring expenditures, and two-thirds of the general fund balance that
has not been assigned shall be assigned by
the Comptroller for deposit into the Transportation Trust
Fund. No However, no such assignment shall be made unless the full
amounts required for other restrictions,
commitments, or assignments including but not limited to (i) the Revenue
Stabilization Fund deposit pursuant to § 2.2-1829, (ii) (i) the Virginia Water Quality
Improvement Fund deposit pursuant to § 10.1-2128, but excluding any deposits
provided under the Virginia Natural Resources Commitment Fund established under
§ 10.1-2128.1, (iii) (ii) capital outlay
reappropriations pursuant to the general appropriation act, (iv) (iii) (a) operating expense
reappropriations pursuant to the general appropriation act, and (b)
reappropriations of unexpended appropriations to certain public institutions of
higher education pursuant to § 2.2-5005, (v) (iv) pro rata rebate payments
to certain public institutions of higher education pursuant to § 2.2-5005, (vi) (v) the unappropriated balance
anticipated in the general appropriation act for the end of such fiscal year,
and (vii) (vi) interest payments on
deposits of certain public institutions of higher education pursuant to §
2.2-5005 are set aside. The Comptroller shall set aside amounts required for
clauses (iv) (iii) (b), (v) (iv), and (vii) (vi) beginning with the
initial fiscal year as determined under § 2.2-5005 and for all fiscal years
thereafter.
C D. The
Governor shall include in "The Budget
Bill" pursuant to § 2.2-1509 recommended appropriations from the general
fund or Each year the Governor
shall include in his budget bill submitted
to the General Assembly recommended
amendments to general fund appropriations in the general appropriation act in
effect at that time an amount for
nonrecurring expenditures and an amount for deposit into the Transportation
Trust Fund equal to the amounts assigned by the Comptroller for such purposes for the
assignments pursuant to the provisions of subsection B subsections B and C. Such recommended amendments shall conform to the
amounts and prioritization set forth in subsections B and C.
Such Any
deposit to the Transportation Trust Fund shall not preclude the appropriation
of additional amounts from the general fund for transportation purposes.
§ 2.2-1514. (Contingent effective date - see Editor's notes)
Assignment of general fund for nonrecurring expenditures.
A. As used in this section:
"The Budget Bill" means the "The Budget
Bill" submitted pursuant to § 2.2-1509, including any amendments to a
general appropriation act pursuant to such section.
"Nonrecurring expenditures" means the acquisition or
construction of capital outlay projects as defined in § 2.2-1518, the
acquisition or construction of capital improvements, the acquisition of land,
the acquisition of equipment, or other expenditures of a one-time nature as
specified in the general appropriation act.
B. At the end of each
fiscal year, the Comptroller shall assign within his annual report pursuant to
§ 2.2-813 a portion of the general fund balance remaining for (i) first, the
Revenue Stabilization Fund deposit pursuant to § 2.2-1829, and (ii) then, the
scheduled repayment, for the current fiscal year, of deferred contributions to
defined benefit retirement plans maintained by the Virginia Retirement System
for state employees. The repayment amounts shall be determined pursuant to law
that requires the Governor to include in his budget bill, submitted to the
General Assembly, proposed appropriations to fund supplemental employer
contribution rates established by the Board of the Virginia Retirement System
for the repayment of such deferred contributions. The Comptroller shall make no
other assignment of the general fund balance unless the total amounts for
clauses (i) and (ii) have been
set aside from the general fund balance.
B. At the end of each
fiscal year, the Comptroller shall assign within his annual report pursuant to
§ 2.2-813 an amount for nonrecurring expenditures, which shall equal the
remaining amount of the general fund balance that is not otherwise restricted,
committed, or assigned for other usage within the general fund. C. After
the assignments pursuant to subsection B have been made, the general fund
balance that has not been assigned shall be assigned by the Comptroller for
nonrecurring expenditures within his annual
report pursuant to § 2.2-813. No However, no such assignment shall be made unless the full
amounts required for other restrictions,
commitments, or assignments including but not limited to (i)
the Revenue Stabilization Fund deposit pursuant to § 2.2-1829, (ii) (i) the Virginia Water Quality
Improvement Fund deposit pursuant to § 10.1-2128, but excluding any deposits
provided under the Virginia Natural Resources Commitment Fund established under
§ 10.1-2128.1, (iii) (ii) capital outlay reappropriations
pursuant to the general appropriation act, (iv) (iii) (a) operating expense
reappropriations pursuant to the general appropriation act, and (b)
reappropriations of unexpended appropriations to certain public institutions of
higher education pursuant to § 2.2-5005, (v) (iv) pro rata rebate payments
to certain public institutions of higher education pursuant to § 2.2-5005, (vi) (v) the unappropriated balance
anticipated in the general appropriation act for the end of such fiscal year,
and (vii) (vi) interest payments on
deposits of certain public institutions of higher education pursuant to §
2.2-5005 are set aside. The Comptroller shall set aside amounts required for
clauses (iv) (iii) (b), (v) (iv), and (vii) (vi) beginning with the initial
fiscal year as determined under § 2.2-5005 and for all fiscal years thereafter.
CD. The
Governor shall include in "The Budget Bill" pursuant to § 2.2-1509
recommended appropriations from the general fund or recommended amendments to
general fund appropriations in the general appropriation act in effect at that
time an amount for nonrecurring expenditures equal to the amount assigned by
the Comptroller for such purpose pursuant to the provisions of subsection B of
this section. Each year the Governor
shall include in his budget bill submitted to the General
Assembly recommended amendments to general fund
appropriations in the general appropriation act in effect at that time for the
assignments pursuant to the provisions of subsections B and C. Such recommended
amendments shall conform to the amounts and prioritization set forth in
subsections B and C.
2. That the provisions of this act shall become
effective beginning with any amount of general fund balance remaining at the
end of the Commonwealth's fiscal year beginning July 1, 2010.
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