§ 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 $24,908,000 the first year and $24,908,000 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. At such time as a final resolution is made of the issues identified in Item 278, paragraph D, of Chapter 935, Acts of Assembly of 1999, there is hereby appropriated from the applicable funds such amounts as are required to be refunded to the federal government based on such determination.

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 $5,110,685 the first year and $5,110,685 $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 $2,278,442 the first year and $2,278,442 $2,426,629 the second year.

F. The State Comptroller shall transfer on or before June 30, 2001, and June 30, 2002, 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 $310,300,000 the first year and $310,300,000 $329,000,000 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. It is hereby acknowledged that $439,460 was transferred to the State Lottery Fund from the general fund in the first year representing the amount due to the State Lottery Fund from the general fund based on the annual audit of the State Lottery fund for fiscal year 2001.

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 $3,900,000 the first year and $4,200,000 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 pro rata share of direct costs of issuance. Such amounts collected, which are estimated to generate $45,166 the first year and $45,166 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 § 2.1-191.2 § 2.2-1829, Code of Virginia.

K. 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 $4,719,821 the first year and $5,031,329 $4,970,325 the second year.

L. The State Comptroller shall transfer prior to January 1, 2001, and January 1, 2002, 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 $1,520,000 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 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 Virginia Children's Medical Security Insurance Family Access to Medical Insurance Security Plan Trust Fund the amount required by § 32.1-352, Code of Virginia. This transfer is estimated at $8,524,049 the first year and $8,779,770 $11,983,568 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. On or before June 30 of each year, the State Comptroller shall transfer to the general fund from the Contract Prisoners Special Revenue Fund, as established in Item 452 of this act, amounts estimated at $3,200,000 the first year and $2,168,000 $5,868,000 the second year.

Q. Notwithstanding the provisions of § 58.1-4020, Code of Virginia, and in compliance with the provisions of Section 8 of Article VIII of the Constitution of Virginia authorizing the General Assembly to set aside Literary Fund moneys for school purposes so long as the principal of the Fund totals as much as $80,000,000, an amount equal to the total value of the prizes forfeited during the fiscal year and deposited to the Literary Fund, estimated at $9,000,000 each year, shall be transferred at least quarterly to the general fund, to be used solely and exclusively to support a program of financial assistance for public school facilities.

R. The Comptroller shall transfer from the Department of Housing and Community Development to the general fund on or before June 30 each year, an amount estimated at $50,000 from dedicated special revenues derived from repayments to the Business Modernization Loan Program.

S. 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 49 of this act. For the second year, this transfer is estimated at $284,471.

T. 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 $9,199,979 the first year and $12,266,639 the second year.

U. The State Comptroller shall transfer from the Technology Partnership Fund to the general fund $200,000 prior to June 30, 2001, as repayment for the general fund amount appropriated by Item 293.10, paragraph 3 of Chapter 935, Acts of Assembly of 1999.

V. On or before June 30 each year, the State Comptroller shall transfer to the general fund an amount estimated at $34,923 the first year and $34,923 the second year, which represents the nongeneral fund savings from the suspension of automobile liability payments for the biennium. The Director, Department of Planning and Budget, shall provide the Comptroller with the amount to be transferred from each agency.

W. On or before June 30 each year, the State Comptroller shall transfer to the general fund an amount estimated at $15,678 the first year and $15,678 the second year, which represents the nongeneral fund savings from the suspension of performance indemnity bond premiums for the biennium. The Director, Department of Planning and Budget, shall provide the Comptroller with the amount to be transferred from each agency.

X. On or before June 30, 2001, and June 30, 2002, respectively the State Comptroller shall make annual installments of $5,000,000 for the repayment of the $10,000,000 deficit authorization loan to the Department of Technology Planning. The estimated general fund The State Comptroller shall recover $163,335 the second year for the nongeneral fund share of these repayments is $967,200 each year, and the balance of each repayment shall come from nongeneral funds as specified in the report of the Department of Planning and Budget, as required by § 3-1.01 QQ of House Bill 29 (2000) Chapter 1072, 2000 Acts of Assembly. It is acknowledged that an additional transfer of $3,372,651 attributable to FY 2001 was made pursuant to this paragraph.

Y. On or before June 30, 2001, the State Comptroller shall transfer the following amounts from the general fund of the state treasury to the funds shown below for the following institutions of higher education, to restore funds inadvertently reverted to the general fund on June 30, 2000:

Z. In accordance with the productivity savings plan submitted by the Department of Corrections pursuant to Item 541 of this act, the State Comptroller shall transfer to the general fund from the special fund balance in Virginia Correctional Enterprises an amount estimated at $955,000 on or before June 30, 2002.

AA. Prior to June 30, 2002, the State Comptroller shall transfer $138,771 to the general fund from the Tobacco Indemnification and Community Revitalization Fund. This amount represents the Tobacco Indemnification and Community Revitalization Commission's fifty percent proportional share of the Office of the Attorney General and Department of Taxation expenses related to the enforcement of the non-participating manufacturer statute of the 1998 Tobacco Master Settlement Agreement and § 3.1-336.2, Code of Virginia.

BB. Prior to June 30, 2002, the State Comptroller shall transfer $27,754 to the general fund from the Virginia Tobacco Settlement Fund. This amount represents the Virginia Tobacco Settlement Foundation's ten percent proportional share of the Office of the Attorney General and Department of Taxation expenses related to the enforcement of the non-participating manufacturer statute of the 1998 Tobacco Master Settlement Agreement and § 3.1-336.2, Code of Virginia.

CC.1. On or before June 30, 2002, the State Comptroller shall transfer an amount estimated at $1,306,031 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 transfer to an amount in excess of $1,306,031. The Department of Planning and Budget shall notify the State Comptroller of such adjustments.

DD. On or before June 30, 2002, the State Comptroller shall transfer from the Special Revenue fund, entitled the Medicaid Intergovernmental Transfers Fund, the balance estimated at $259,000,000 to the general fund of the state treasury. The above transfer represents the estimated federal share of enhanced Medicaid payments made by the Department of Medical Assistance Services to qualified local government nursing facilities in accordance with the approved State Medicaid Plan.

EE. The following sums, or such portions as may be required, shall be transferred from the balance of the general fund for repayment of the listed authorized deficits:

FF. The State Comptroller shall transfer to the general fund on June 30, 2002, any remaining balances in the Virginia Export Fund at the Department of Business Assistance, estimated at $815,000. No interest earnings shall be credited to the fund for the fourth quarter of FY 2002.

GG. On or before June 30, 2002, the State Comptroller shall transfer $5,000,000 to the general fund from the Intensified Drug Enforcement Jurisdictions Fund at the Department of Criminal Justice Services.

HH. Prior to June 30, 2002, the State Comptroller shall transfer from agency nongeneral fund accounts an amount estimated at $9,747,125 for the reduction in retirement contributions resulting from the application of actuarially calculated rates for fiscal year 2002. Appropriated funds from federal sources are exempt from this transfer.

II. On or before June 30, 2002, the State Comptroller shall transfer to the general fund special fund balances of $3,470,393 from the Department of Mental Health, Mental Retardation and Substance Abuse Services.

JJ. On or before June 30, 2002, the Department of Information Technology shall transfer $156,203 to the general fund. This amount is a result of across-the-board reductions to Administrative and Support Services. All funds from the Virginia Retirement System and federal sources are excluded from these transfers.

KK. On or before June 30, 2002, the Comptroller shall transfer $5,000,000 from the Department of Motor Vehicle's Uninsured Motorists Fund to the general fund.

LL. Prior to June 30, 2002, the State Comptroller shall transfer to the general fund from agency nongeneral fund accounts an amount estimated at $17,844,777 for the reduction in retirement contributions resulting from the identification and resolution of dormant retirement accounts pursuant to a study to be completed by the Board of Trustees of the Virginia Retirement System. Appropriated funds from federal sources are exempt from this transfer.

MM. On or before June 30, 2002, the State Comptroller shall transfer $4,000,000 to the general fund from the special fund balance of the Commission on the Virginia Alcohol Safety Action Program.

NN. On or before June 30, 2002, the State Comptroller shall transfer $804,000 to the general fund from the Alcoholic Beverage Control Fund, representing a three percent budget reduction to be obtained through efficiencies at the Department of Alcoholic Beverage Control.

OO. On or before June 30, 2002, the State Comptroller shall transfer to the general fund $100,000 from the Capital Access Fund for Disadvantaged Businesses at the Department of Business Assistance.

PP. On or before June 30, 2002, the State Comptroller shall transfer $547,398 to the general fund from the Corrections Special Reserve Fund at the Department of Corrections.

QQ. On or before June 30, 2002, the State Comptroller shall transfer to the general fund $800,000 from the Small Business Environmental Compliance Assistance Fund at the Department of Business Assistance.

RR. On or before June 30, 2002, the State Comptroller shall transfer to the general fund $4,500,000 from the Governor's Development Opportunity Fund.

SS. On or before June 30, 2002, the State Comptroller shall transfer to the general fund $1,000,000 from the Virginia Economic Development Revolving Fund at the Department of Business Assistance.

TT. Prior to June 30, 2002, the State Comptroller shall transfer to the general fund from agency nongeneral fund accounts an amount estimated at $798,596 reflecting the nongeneral fund savings due to the suspension of the state employee group life employer contribution rate for the remainder of fiscal year 2002.

UU. Prior to June 30, 2002, the State Comptroller shall transfer to the general fund from nongeneral fund accounts of the State Lottery Department an amount estimated at $382,040 representing savings resulting from three percent reductions in administrative expenses of the State Lottery Department for fiscal year 2002.

VV. Prior to June 30, 2002, the State Comptroller shall transfer to the general fund from nongeneral fund accounts of the Workers' Compensation Commission an amount estimated at $473,451 representing savings resulting from three percent reductions in administrative expenses of the Workers' Compensation Commission for fiscal year 2002.

WW. Prior to June 30, 2002, the State Comptroller shall transfer to the general fund from nongeneral fund accounts of the State Corporation Commission an amount estimated at $328,483 representing savings resulting from three percent reductions in administrative expenses of the State Corporation Commission for fiscal year 2002.

XX. Prior to June 30, 2002, the State Comptroller shall transfer to the general fund $774,000 from the Court Debt Collection Program Fund at the Department of Taxation.