§ 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, 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 $35,200,000$36,600,000 the first year and $35,100,000$37,000,000 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 $6,479,325$6,511,594 the first year and $6,711,796$6,776,657 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 $3,050,540$3,094,305 the first year and  $3,166,766$3,226,836 the second year.

F. The State Comptroller shall transfer on or before June 30, 2009, and June 30, 2010 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.1. The Comptroller shall transfer to the Lottery Proceeds Fund established pursuant to § 58.1-4002.1, Code of Virginia, an amount estimated at $461,000,000$430,500,000 the first year and $461,000,000$430,200,000 the second year, from the State Lottery Fund. The transfer each year shall be made in two parts: (1) on or before January 1 of each year, the Comptroller shall transfer the balance of the State Lottery Fund for the first five months of the fiscal year and (2) thereafter, the transfer will be made on a monthly basis. Prior to June 20 of each year, the State Lottery Director shall estimate the amount of profits in the State Lottery Fund for the month of June and shall notify the State Comptroller so that the estimated profits can be transferred to the Lottery Proceeds Fund prior to June 22.

2. No later than 10 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 June transfer was based, the State Comptroller shall adjust the next monthly transfer from the State Lottery Fund to account for the difference between the actual revenue and the estimate transferred to the Lottery Proceeds 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. In preparing the Comprehensive Annual Financial Report, the State Comptroller shall report the Lottery Proceeds Fund as specified in § 58.1-4002.1, 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 $4,900,000$4,700,000 the first year and $4,900,000$4,700,000 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.a.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 from the public institutions of higher education, which are estimated to generate $150,000$250,000 the first year and $150,000 the second year, shall be paid into the general fund of the state treasury.

b. The State Comptroller shall transfer to the general fund on June 30, 2010, the amount in excess of $20,000 in the Virginia College Building Authority Private College Financing Program Fees (Fund 0220) at the Department of the Treasury.  This transfer is estimated at $150,000. 

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 50 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 30 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 $7,100,000 $5,000,000 the first year and $7,100,000 $5,000,000 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, 2009, and January 1, 2010, 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.  After July 1, 2009, the State Comptroller shall charge each of the following agencies 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 $850,000 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 $9,608,734 the first year and $9,608,734 the second year.

P.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 $238,874 the first year and $238,874 the second year. This amount represents the Tobacco Indemnification and Community Revitalization Commission's 50 percent proportional share of the Office of the Attorney General'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 $46,970 the first year and $46,970 the second year. This amount represents the Tobacco Settlement Foundation's ten percent proportional share of the Office of the Attorney General's expenses related to the enforcement of the 1998 Tobacco Master Settlement Agreement and § 3.1-336.2, Code of Virginia.

Q. On or before June 30, 2009, the State Comptroller shall transfer to the general fund $3,611,720$4,811,720 from the Court Debt Collection Program Fund at the Department of Taxation. On or before June 30, 2010, the State Comptroller shall transfer to the general fund $3,611,720$4,111,720 from the Court Debt Collection Program Fund at the Department of Taxation.

R. 1. The Department of Motor Vehicles shall retain $6,400,000$1,400,000 in the first year and $6,400,000$3,200,000 in the second year from the Department of Motor Vehicles' Uninsured Motorists Fund to effect its information technology initiatives and implementation of the federal Real ID Act.  These amounts shall be from the share that would otherwise have been transferred to the State Corporation Commission pursuant to § 46.2-710, Code of Virginia.

2.  The State Comptroller shall transfer to the general fund $5,000,000 in the first year on or before June 30, 2009, and $3,200,000 in the second year on or before June 30, 2010, from the Department of Motor Vehicles' Uninsured Motorists Fund.  These amounts shall be from the share that would otherwise have been transferred to the State Corporation Commission.

S.1. The State Comptroller shall transfer on or before June 30, 2009, an amount estimated at $5,500,000 and on or before June 30, 2010, an amount estimated at $5,500,000$3,500,000 to the general fund Special Damages Fund in the Department of the Treasury from the Intensified Drug Enforcement Jurisdictions Fund at the Department of Criminal Justice Services.

2.  On or before June 30, 2010, the State Comptroller shall transfer an amount estimated at $2,000,000 to the general fund from the Intensified Drug Enforcement Jurisdictions Fund at the Department of Criminal Justice Services.

T. The State Comptroller shall transfer from agency and institution nongeneral fund accounts to the general fund an amount estimated at $861,440 on or before June 30, 2009, and $861,440 on or before June 30, 2010, 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.

U. 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, 2009, and $18,000 on or before June 30, 2010, resulting from savings pursuant 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.

V. The Department of Alcoholic Beverage Control shall sell the building in which the Alexandria Regional office is currently located.  Notwithstanding the provisions of § 2.2-1156, Code of Virginia, all the proceeds from the sale of such property, estimated to be $12,000,000, shall be deposited into the general fund no later than June 30, 20092010. In addition, on or before June 30, 2009, and June 30, 2010, the State Comptroller shall transfer to the general fund $1,420,385 the first year and $1,550,385 the second year from operating efficiencies to be implemented by the department.

W. On or before June 30, 2009 and June 30, 2010, the State Comptroller shall transfer $400,000 from the general fund to the Transportation Trust Fund to reflect sales tax revenues not collected as a result of the provisions of Chapter 503, Acts of Assembly of 2006.

X. The State Comptroller shall transfer on or before June 30, 2009, $890,000 and on or before June 30, 2010, $890,000 to the general fund from the $2.00 increase in the vital records fee contained in the Department of Health's Vital Records and Health Statistics Program (40400).

Y. The State Comptroller shall transfer on or before June 30, 2009, $1,000,000, and on or before June 30, 2010, $1,000,000, to the general fund from the Trauma Center Fund contained in the Department of Health's Financial Assistance for Non Profit Emergency Medical Services Organizations and Localities Program (40203).

Z. The State Comptroller shall transfer an amount estimated at $1,250,000$2,368,384 on or before June 30, 2009, and an amount estimated at $1,750,000 on or before June 30, 2010, from unobligated nongeneral fund balances at the State Corporation Commission to the general fund.

AA. Any city or county electing to reimburse the Commonwealth for all or a portion of the savings apportioned to it pursuant to Item 475.1 of this act shall make its payment to the state treasury by the second Friday in January of each fiscal year. Such payments shall be deposited to a suspense account which will constitute a special fund on the books of the State Comptroller. On or before June 25th of each fiscal year, the State Comptroller shall transfer any amounts held in the suspense account to the general fund of the State Treasury and he shall notify the Director, Department of Planning and Budget, of the amount of this transfer. There is hereby appropriated from the general fund of the state treasury to Item 475.1 of this act an amount equivalent to the transfer to the general fund from the suspense account to offset the reversion contained in Item 475.1. The Director of the Department of Planning and Budget shall implement this appropriation prior to June 30 of each fiscal year. In the event that a locality electing to pay all or a portion of its share of the savings required by Item 475.1 of this act does not make such payment on or before the second Friday in January of each fiscal year, the Director, Department of Planning and Budget, is authorized to withhold an equivalent amount of savings from the affected state aid to local government programs in the manner as specified in paragraph C of Item 475.1 of this act.

BB. There is hereby acknowledged, that the following authorized deficit in the Department of Veterans Services of $1,412,900 was transferred from the balance of the general fund per §4-3.01c. of this act during fiscal year 2008.

CC. The following properties operated by the Department of Corrections shall be sold and the proceeds of such sales deposited into the general fund, notwithstanding the provisions of §2.2-1156, Code of Virginia:  the property at 7 N. 2nd Street in Richmond, used to house the Richmond Women's Detention Center, and approximately 46.1 acres near Haymarket, formerly used for the Haymarket Correctional Unit.  The estimated amount of the payments to be received is $1,500,000 the second year.

DD. The Department of Forestry shall sell the property at 728 Richmond Road in Staunton.  Notwithstanding the provisions of § 2.2-1156, Code of Virginia, all the proceeds from the sale of such property, estimated to be $250,000, shall be deposited into the general fund no later than June 30, 2010.

EE. The State Comptroller shall transfer on or before June 30, 2009, $500,000, and on or before June 30, 2010, $500,000, to the general fund from the Land Preservation Fund (Fund 0216) at the Department of Taxation.

FF.1. The State Comptroller shall transfer amounts estimated at $57,193,252 the first year and $63,525,964  the second year on or before June 30, 2009 and June 30, 2010 from the agencies and fund sources listed below.

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