Item 3-1.01

§ 3-1.01 INTERFUND TRANSFERS

A.1. In order to reimburse the general fund of the state treasury for expenses herein authorized to be paid therefrom on account of the activities listed below, the State Comptroller shall transfer the sums stated below to the general fund from the nongeneral funds specified, except as noted, on January 1 of each year of the current biennium. Transfers from the Alcoholic Beverage Control Fund to the general fund shall be made four times a year, with each payment amounting to one-fourth of the total for the year, and such transfers shall be made within fifty (50) days of the close of the quarter. The payment for the fourth quarter of each fiscal year shall be made in the month of June.

2.a. Transfers of net profits from the Alcoholic Beverage Control Fund to the general fund shall be made four times a year, and such transfers shall be made within fifty (50) days of the close of each quarter. The transfer of fourth quarter profits shall be estimated and made in the month of June. In the event actual net profits are less than the estimate transferred in June, the difference shall be deducted from the net profits of the next quarter and the resulting sum transferred to the general fund. Distributions to localities shall be made within fifty (50) days of the close of each quarter. Net profits are estimated at $13,612,465 the first year and $12,612,465 the second year.

b. Pursuant to § 4.1-116 B, Code of Virginia, the Department of Alcoholic Beverage Control shall notify the State Comptroller of the amount to be deducted quarterly from the net profits for transfer to the reserve fund established by the cited section.

B.1. If any transfer to the general fund required by this subsection § 3-1.01 is subsequently determined to be in violation of any federal statute or regulation, the State Comptroller is hereby directed to reverse such transfer and to return such funds to the affected nongeneral fund account.

2. There is hereby appropriated from the applicable funds such amounts as are required to be refunded to the federal government for mutually agreeable resolution of internal service fund over-recoveries as identified by the U. S. Department of Health and Human Services’ review of the annual Statewide Indirect Cost Allocation Plans.

C. In order to fund such projects for improvement of the Chesapeake Bay and its tributaries as provided in § 58.1-2146 D, Code of Virginia, there is hereby transferred to the general fund of the state treasury the amounts listed below. The Department of Motor Vehicles shall be responsible for effecting the provisions of this paragraph. The amounts listed below shall be transferred on June 30 of each fiscal year.

D. The provisions of Chapter 6 of Title 58.1, Code of Virginia notwithstanding, the State Comptroller shall transfer to the general fund from the special fund titled "Collections of Local Sales Taxes" a proportionate share of the costs attributable to increased local sales and use tax compliance efforts and retention of local mapping services by the Department of Taxation estimated at $5,407,413 the first year and $5,407,413 the second year.

E. The State Comptroller shall transfer to the general fund from the Transportation Trust Fund a proportionate share of the costs attributable to increased sales and use tax compliance efforts by the Department of Taxation estimated at $2,426,629 the first year and $2,426,629 the second year.

F. The State Comptroller shall transfer on or before June 30, 2003, and June 30, 2004, respectively, to the general fund of the state treasury the following amounts from the agencies and fund sources listed below, for expenses incurred by central service agencies:

G. The Comptroller shall transfer to the general fund an amount estimated at $320,000,000 the first year and $320,000,000 the second year from the State Lottery Fund. The transfer for each year shall be made in two parts: (1) on or before June 30 of each year, the Comptroller shall transfer balances of the State Lottery Fund for the fiscal year, based on an estimate determined by the State Lottery Department and (2) no later than ten days after receipt of the annual audit report required by § 58.1-4023, Code of Virginia, the Comptroller shall transfer to the general fund the remaining audited balances of the State Lottery Fund for the prior fiscal year. If such annual audit discloses that the actual revenue is less than the estimate on which the transfer was based, the State Comptroller shall transfer the difference between the actual revenue and the estimate from the general fund to the State Lottery Fund. The State Comptroller shall take all actions necessary to effect the transfers required by this paragraph, notwithstanding the provisions of § 58.1-4022, Code of Virginia.

H.1. The State Treasurer is authorized to charge up to 20 basis points for each nongeneral fund account which he manages and which receives investment income. The assessed fees, which are estimated to generate $4,400,000 the first year and $4,400,000 the second year, will be based on a sliding fee structure as determined by the State Treasurer. The amounts shall be paid into the general fund of the state treasury.

2. The State Treasurer is authorized to charge institutions of higher education participating in the private college financing and the pooled bond program of the Virginia College Building Authority an administrative fee of up to 10 basis points of the amount financed for each project in addition to a share of direct costs of issuance as determined by the State Treasurer. Such amounts collected, which are estimated to generate $96,166 the first year and $96,166 the second year, shall be paid into the general fund of the state treasury.

3. The State Treasurer is authorized to charge agencies, institutions and all other entities that utilize alternative financing structures and require Treasury Board approval, including capital lease arrangements, up to 10 basis points of the amount financed in addition to a share of direct costs of issuance as determined by the State Treasurer. Such amounts collected, which are estimated to generate $76,200 the first year and $76,200 the second year, shall be paid into the general fund of the state treasury.

I. The State Comptroller shall transfer to the general fund of the state treasury fifty percent of the annual reimbursement received from the Manville Property Damage Settlement Trust for the cost of asbestos abatement at state-owned facilities. The balance of the reimbursement shall be transferred to the state agencies that incurred the expense of the asbestos abatement.

J. The State Comptroller shall transfer to the general fund from the Revenue Stabilization Fund in the state treasury any amounts in excess of the limitation specified in § 2.2-1829, Code of Virginia.

K.1. Not later than thirty days after the close of each quarter during the biennium, the Comptroller shall transfer, based on the allotment specified in § 58.1-1410, Code of Virginia, funds collected pursuant to § 58.1-1402, Code of Virginia, from the general fund to the Game Protection Fund. This transfer is estimated at $4,970,325 the first year and $5,318,247 the second year.

2. Notwithstanding the provisions of § 58.1-1410, Code of Virginia, the State Comptroller shall transfer $1,000,000 the first year, and $1,000,000 the second year in equal quarterly installments from the deposit made to the Game Protection Fund pursuant to paragraph K.1. above to the Marine Patrols Fund (§ 28.2-108, Code of Virginia), at the Marine Resources Commission. The transfers shall be made no later than July 31, October 31, January 31, and April 30, each year.

L. The State Comptroller shall transfer prior to January 1, 2003, and January 1, 2004, respectively, to the general fund of the state treasury the following amounts from the agencies and fund sources listed below, for expenses incurred in processing payroll.

M. On or before June 30 each year of the biennium, the State Comptroller shall transfer an amount not to exceed $1,520,000 the first year and an amount estimated at $1,168,880 the second year from the general fund to the general account to repay the treasury loan provided to the Department of Accounts to replace the payroll and personnel systems with an integrated human resource information system. In the event that the amount of the loan balance at the date of repayment in the second year is less than $1,520,000, the entire loan balance shall be paid off.

N. The State Comptroller shall withhold or recover from nongeneral fund agencies, and transfer to the general fund, amounts estimated at $997,200 the first year and $997,200 the second year, through surcharges or other measures consistent with generally accepted accounting principles. Such sums shall be derived based on each of the nongeneral fund agencies' pro rata use of the state centralized payroll processing system. These sums shall be used for repayment of advances from the general account for development of the Integrated Human Resource Information System.

O. On or before June 30 each year, the State Comptroller shall transfer from the general fund to the Family Access to Medical Insurance Security Plan Trust Fund the amount required by § 32.1-352, Code of Virginia. This transfer is estimated at $12,417,373 the first year and $12,803,553 the second year. The State Comptroller shall transfer 90 percent of the yearly estimated amounts to the Trust Fund on July 15 of each year.

P. The Comptroller shall transfer to the general fund on June 30 each year, the amount in excess of $750,000 in the Regulatory and Consumer Advocacy Revolving Trust Fund of the Office of the Attorney General (Fund 0239) in accordance with Item 51 of this act. This transfer is estimated at $284,000 each year.

Q.1. Not later than thirty days after the close of each quarter during the biennium, the Comptroller shall transfer to the Game Protection Fund the general fund revenues collected pursuant to § 58.1-638 E, Code of Virginia. This transfer is estimated at $12,266,639 the first year and $12,266,639 the second year.

2. Notwithstanding the provisions of § 58.1-638, Code of Virginia, the State Comptroller shall transfer $6,133,316 the first year, and $6,133,316 the second year in equal quarterly installments from the deposit made to the Game Protection Fund pursuant to paragraph Q.1. above to the Conservation Resources Fund (§ 10.1-202, Code of Virginia), at the Department of Conservation and Recreation. The transfers shall be made no later than July 31, October 31, January 31, and April 30, each year.

R. The State Comptroller shall transfer from agency nongeneral fund accounts to the E-Government Services Fund an amount estimated at $1,731,793, each year, resulting from savings pursuant to a telecommunications contract signed between a new vendor and the Department of Information Technology effective July 1, 2000. This transfer shall be made in four equal quarterly installments. The Director, Department of Planning and Budget, shall provide the Comptroller with the specific amount to be transferred from each nongeneral fund account in the affected agencies.

S. On or before June 30 of each year, the State Comptroller shall transfer $250,000 to the general fund from the special fund balance of the Commission on the Virginia Alcohol Safety Action Program to reimburse the general fund for expenses incurred on related activities.

T. On or before June 30, 2003, the State Comptroller shall transfer to the general fund $2,000,000 from the Small Business Environmental Compliance Assistance Fund at the Department of Business Assistance.

U.1. On or before June 30, 2003, and June 30, 2004, the State Comptroller shall transfer amounts estimated at $14,788,244 the first year and $14,788,244 the second year to the general fund of the state treasury from the state agencies indicated:

2. Prior to such transfer, the Department of Planning and Budget is authorized to adjust the above-cited amounts between agencies and between fund/fund detail amounts, so as to increase or decrease the amounts for an agency or for a designated fund/fund detail code, provided, however, that such adjustments shall not increase the total transfers to amounts in excess of the sums cited above. The Department of Planning and Budget shall notify the State Comptroller of such adjustments.

V. On or before June 30, 2003, the State Comptroller shall transfer to the general fund, an amount estimated at $25,081,649 the first year, representing the reduction of nongeneral fund retirement contributions resulting from the identification and resolution of dormant retirement accounts pursuant to a study completed by the Board of Trustees of the Virginia Retirement System. Appropriated funds from federal sources are exempted from this transfer.

W. Notwithstanding the provisions of § 58.1-638, Code of Virginia, or any other provision of law, on or before June 30 each year, the State Comptroller shall transfer an amount not to exceed $317,000,000 the first year and $335,600,000 the second year from the Transportation Trust Fund to the general fund. The State Comptroller shall make this transfer on a monthly basis in the amount of the sales and use tax deposited to the Transportation Trust Fund. This transfer is the estimated amount of the one-half percent sales and use tax enacted by the 1986 Special Session of the General Assembly and which will be paid into the general fund pursuant to Item 491, Paragraph D, of this act.

X. Prior to June 30, 2003, the State Comptroller shall transfer $15,514,648 to the general fund from the Virginia Tobacco Settlement Fund. This amount represents unspent balances that were generated due to delayed implementation of the Foundation's operations.

Y.1. On or before June 30 each year, the State Comptroller shall transfer from the Tobacco Indemnification and Community Revitalization Fund to the general fund an amount estimated at $215,401 the first year and $215,401 the second year. This amount represents the Tobacco Indemnification and Community Revitalization Commission’s fifty percent proportional share of the Office of the Attorney General’s and Tax Department’s expenses related to the enforcement of the 1998 Tobacco Master Settlement Agreement and § 3.1-336.2, Code of Virginia

2. On or before June 30 each year, the State Comptroller shall transfer from the Tobacco Settlement Fund to the general fund an amount estimated at $43,080 the first year and $43,080 the second year. This amount represents the Tobacco Settlement Foundation’s ten percent proportional share of the Office of the Attorney General’s and the Department of Taxation’s expenses related to the enforcement of the 1998 Tobacco Master Settlement Agreement and § 3.1-336.2, Code of Virginia

Z. Prior to June 30, 2003, the State Comptroller shall transfer to the general fund $2,000,000 from the Court Debt Collection Program Fund at the Department of Taxation.