§ 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 Enterprise 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 Enterprise 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 $11,600,000 the first year and $13,300,000 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 § 58.1-2289 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 $6,166,888 the first year and $6,166,888 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 $2,812,642 the first year and $2,812,642 the second year.

F. The State Comptroller shall transfer on or before June 30, 2005, and June 30, 2006, 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 Lottery Proceeds Fund an amount estimated at $395,000,000 the first year and $402,000,000 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 Lottery Proceeds 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 Lottery Proceeds 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. The amount so transferred to the Lottery Proceeds Fund shall be accounted for and considered to be part of the general fund of the state treasury pursuant to § 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 $3,500,000 the first year and $3,500,000 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 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 $100,000 the first year and $100,000 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 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, notwithstanding 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 shall not exceed $2,814,755 the first year and $2,814,755 the second year.

2. Notwithstanding the provisions of subparagraph K.1. above, the Governor may, at his discretion, direct the Comptroller to transfer to the Game Protection Fund, any funds collected pursuant to § 58.1-1402, Code of Virginia, that are in excess of the official revenue forecast for such collections.

L. The State Comptroller shall transfer prior to January 1, 2005, and January 1, 2006, 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.1. 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 shall not exceed $14,065,627 the first year and $14,065,627 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.

2. Notwithstanding any other provision of law, interest earnings shall not be allocated to the Family Access to Medical Insurance Security Plan Trust Fund (agency code 602, fund detail 0903) in either the first year or the second year of the biennium.

N. 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.

O. 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. Notwithstanding § 58.1-638 E, this transfer shall not exceed $10,525,125 the first year and $10,525,125 the second year.

P. 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.

Q.1. Notwithstanding any contrary provision of law, on or before June 30, 2005, and June 30, 2006, the State Comptroller shall transfer amounts estimated at $18,745,408 the first year and $11,289,647 the second year to the general fund of the state treasury from the state agencies indicated. This transfer is contingent upon the passage into law of the provisions contained in Enactment Nos. 2, 3 and 5 of Part 5 of introduced House Bill 30/Senate Bill 30 of the 2004 Session. Should the provisions contained in Enactment Nos. 2, 3 and 5 of Part 5 of introduced House Bill 30/Senate Bill 30 of the 2004 Session be enacted into law, § 3-1.01 Q 2 of this act shall be of no effect.

2. Notwithstanding any contrary provision of law, on or before June 30, 2005, and June 30, 2006, the State Comptroller shall transfer amounts estimated at $26,495,692 the first year and $25,520,692 the second year to the general fund of the state treasury from the state agencies indicated. However, should the provisions contained in Enactment Nos. 2, 3 and 5 of Part 5 of introduced House Bill 30/Senate Bill 30 of the 2004 Session be enacted into law, this transfer shall not be made in either year.

3. 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.

R.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

S. On or before June 30, 2005, the State Comptroller shall transfer to the general fund $1,200,000 from the Court Debt Collection Program Fund at the Department of Taxation. On or before June 30, 2006, the State Comptroller shall transfer to the general fund $1,100,000 from the Court Debt Collection Program Fund at the Department of Taxation.

T. The State Comptroller shall transfer to the general fund, on or before June 30, 2005, and on or before June 30, 2006, from the University of Virginia Medical Center the actual amount of interest income earned by the investment of the University of Virginia Medical Center's nongeneral operating cash balances pursuant to § 23-77.4.C., Code of Virginia, or $2,000,000, whichever is less.

U.1. Revenue from the sale of the following surplus properties shall be deposited into the general fund, notwithstanding the provisions of § 2.2-1125 B., Code of Virginia: the Old Fairfax Residency Complex (Northern Virginia Training Facility), operated by the Department of Transportation; the Tidewater Detention Center in Chesapeake, operated by the Department of Corrections; the Staunton Correctional Center, operated by the Department of Corrections; and approximately ten acres of land adjacent to the White Post Detention Center, operated by the Department of Corrections.

2. Out of the amounts transferred to the general fund pursuant to subparagraph U 1 above, the Comptroller shall transfer, one-half of the net proceeds, but not more than $2,965,000, to the Conservation Resources Fund (§ 10.1-202, Code of Virginia).

V. On or before June 30, the Comptroller shall transfer $5,000,000 in the first year and $5,000,000 in the second year from the Department of Motor Vehicle's Uninsured Motorists Fund to the general fund. Of that amount in each year, $5,000,000 shall be from the share transferred to the State Corporation Commission.

W. On or before June 30, 2005, and June 30, 2006, the State Comptroller shall transfer $5,500,000 the first year and $5,500,000 the second year to the general fund from the Intensified Drug Enforcement Jurisdictions Fund at the Department of Criminal Justice Services.

X. On or before June 30, 2005, and June 30, 2006, the State Comptroller shall transfer $2,644,000 the first year and $2,644,000 the second year to the general fund from the Alcoholic Beverage Control Fund, representing ongoing budget reduction, to be obtained through efficiencies at the Department of Alcoholic Beverage Control.

Y. On or before June 30, 2005, the State Comptroller shall transfer from agency nongeneral fund accounts to the general fund an amount estimated at $10,396,608 representing the fiscal year 2005 savings from a continued premium holiday on employer contributions for the group life program for state employees. On or before June 30, 2006, the State Comptroller shall transfer from agency nongeneral fund accounts to the general fund an amount estimated at $10,848,630 representing the fiscal year 2006 savings from a continued premium holiday on employer contributions for the group life program for state employees. Appropriated funds from federal sources are exempt from this transfer.

Z. On or before June 30, 2005, the State Comptroller shall transfer from agency nongeneral fund accounts to the general fund an amount estimated at $3,407,961 representing the fiscal year 2005 savings from the utilization of a 30-year amortization period for the valuation of Virginia Retirement System assets and liabilities in determining employer retirement contribution rates. On or before June 30, 2006, the State Comptroller shall transfer from agency nongeneral fund accounts to the general fund an amount estimated at $3,556,135 representing the fiscal year 2006 savings from the utilization of a 30-year amortization period for the valuation of Virginia Retirement System assets and liabilities in determining employer retirement contribution rates. Appropriated funds from federal sources are exempt from this transfer. However, should the provisions contained in Enactment Nos. 2, 3 and 5 of Part 5 of introduced House Bill 30/Senate Bill 30 of the 2004 session be enacted into law, these transfers shall be made in either year.

AA. On or before June 30, 2005, the State Comptroller shall transfer from agency nongeneral fund accounts to the general fund an amount estimated at $294,584 representing the fiscal year 2005 savings from an adjustment in the contribution rates paid by state agencies on behalf of their employees for the retiree healthcare credit program. On or before June 30, 2006, the State Comptroller shall transfer from agency nongeneral fund accounts to the general fund an amount estimated at $307,394 representing the fiscal year 2006 savings from an adjustment in the contribution rates paid by state agencies on behalf of their employees for the retiree healthcare credit program. Appropriated funds from federal sources are exempt from this transfer.

BB. The State Comptroller shall transfer from agency and institution nongeneral fund accounts to the general fund an amount estimated at $1,352,284 on or before June 30, 2005, and $1,352,284 on or before June 30, 2006, resulting from savings pursuant to a Virginia Information Technologies Agency rate decrease for telecommunications services effective November, 2003. The Director, Department of Planning and Budget, shall provide the Comptroller with the amount to be transferred from each agency and institution of higher education.

CC. The State Comptroller shall transfer from agency and institution nongeneral fund accounts to the general fund an amount estimated at $3,356,000 on or before June 30, 2006, representing the nongeneral fund share of savings resulting from operational efficiencies of the Virginia Information Technologies Agency. The Director, Department of Planning and Budget, shall provide the State Comptroller with the amount to be transferred from each agency and institution of higher education.

DD. The State Comptroller shall transfer from agency nongeneral fund accounts to the general fund an amount estimated at $671,200 on or before June 30, 2005, and $604,080 on or before June 30, 2006, resulting from savings pursuant to a centralized electronic mail system managed by the Virginia Information Technologies Agency. The Director, Department of Planning and Budget, shall provide the Comptroller with the amount to be transferred from each agency.

EE. The State Comptroller shall transfer from agency nongeneral fund accounts to the general fund an amount estimated at $18,000 on or before June 30, 2005, and $18,000 on or before June 30, 2006, resulting from savings pursuant to a to a contract negotiated by the Virginia Information Technologies Agency for data-telecommunication lines effective July, 2003. The Director of the Department of Planning and Budget shall provide the Comptroller with the amount to be transferred from each agency.