§ 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 $46,200,000 the first year and $47,800,000 $55,007,718 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 any subsections of §§ 3-1.01 through 3-6.02 is subsequently determined to be in violation of any federal statute or regulation, or Virginia constitutional requirement, 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 B ay 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, and State Land Evaluation Advisory Committee (SLEAC) services by the Department of Taxation estimated at  $6,363,191 the first year and  $6,195,628  $5,860,764 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 $3,037,002  the first year and  $2,953,220 $2,787,842 the second year.

F. On or before June 30 of each year, the State Comptroller shall transfer $4,297,420 the first year and $4,297,420 the second year to the general fund 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 $435,200,000 the first year and $435,875,000 $473,100,000 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 $2,700,000 the first year and $2,700,000 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 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, 2011 and on June 30, 2012, respectively, 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. 

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.

4. The State Treasurer is authorized to charge projects financed under Article X, Section 9(c) of the Constitution of Virginia, 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 are estimated to generate $75,000 the first year and $75,000 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 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 $3,000,000 the first year and $3,000,000 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.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.

M. The Comptroller shall transfer to the general fund on June 30 each year, the amount in excess of $900,000 in the Regulatory and Consumer Advocacy Revolving Trust Fund of the Office of the Attorney General (Fund 0239) in accordance with Item 53 of this act.

N. 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 $10,635,320 the first year and $10,635,320 the second year.

O.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 $244,268 the first year and $244,268 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 $48,854 the first year and $48,854 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.

P. On or before June 30 each year, the State Comptroller shall transfer to the general fund $4,611,720 the first year and $4,611,720 $3,011,720 the second year from the Court Debt Collection Program Fund at the Department of Taxation.

Q. On or before June 30 each year, the State Comptroller shall transfer to the general fund $7,400,000 the first year and $7,400,000 the second year 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.

R. On or before June 30 each year, the State Comptroller shall transfer an amount estimated at $6,500,000 the first year and an amount estimated at $6,500,000 the second year to the general fund from the Intensified Drug Enforcement Jurisdictions Fund at the Department of Criminal Justice Services.

S. On or before June 30 each year, the State Comptroller shall transfer from agency and institution nongeneral fund accounts to the general fund an amount estimated at $861,440 the first year and $861,440 the second year, 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.

T. On or before June 30 each year, the State Comptroller shall transfer from agency nongeneral fund accounts to the general fund an amount estimated at $18,000 the first year and $18,000 the second year, 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.

U. On or before June 30 each year, 2011, the State Comptroller shall transfer from agency and institution nongeneral fund accounts to the general fund an amount estimated at $953,423 the first year and $593,232 the second year 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.  All funds from the Virginia Retirement System and federal sources are excluded from this action.

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 $10,250,000, shall be deposited into the general fund no later than June 30, 2012.  In addition, on On or before June 30 each year, the State Comptroller shall transfer to the general fund $1,550,385 the first year and $1,550,385 the second year from operating efficiencies to be implemented by the Department of Alcoholic Beverage Control.

W. On or before June 30 each year, the State Comptroller shall transfer $400,000 the first year and $400,000 the second year from the general fund to the Transportation Trust Fund to reflect sales tax revenues not collected as a result of the provisions of Chapter 593, Acts of Assembly of 2006.

X. On or before June 30, 2011 each year, the State Comptroller shall transfer $890,000 the first year and $890,000 the second year 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. On or before June 30, 2011, the State Comptroller shall transfer $9,055,000 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 (40203).  Beginning July 1, 2011, the State Comptroller shall transfer quarterly, one-half of the revenue received pursuant to § 18.2-270.01, of the Code of Virginia, and consistent with the provisions of § 3-6.03 of this act, to the general fund in an amount not to exceed $9,055,000 from the Trauma Center Fund contained in the Department of Health's Financial Assistance for Non Profit Emergency Medical Services Organizations and Localities (40203).

Z. On or before June 30 each year, the State Comptroller shall transfer $600,000 the first year and $600,000 the second year to the general fund from the Land Preservation Fund (Fund 0216) at the Department of Taxation.

AA.1. On or before June 30 each year, the State Comptroller shall transfer amounts estimated at $7,410,986 the first year and $6,440,198 $6,521,373 the second year 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.

3.  Unless prohibited by federal law or regulation or by the Constitution of Virginia and notwithstanding any contrary provision of state law, on June 30 of each fiscal year, the State Comptroller shall transfer to the general fund of the state treasury the cash balance from any nongeneral fund account that has a cash balance of less than $100.  This provision shall not apply to institutions of higher education, bond proceeds, or trust accounts.  The State Comptroller shall consult with the Director of the Department of Planning and Budget in implementing this provision and, for just cause, shall have discretion to exclude certain balances from this transfer or to restore certain balances that have been transferred.

BB. On or before June 30 each year, the State Comptroller shall transfer from agency and institution nongeneral fund accounts to the general fund amounts estimated at $258,636 the first year and $269,882 the second year, resulting from savings associated with changes in employer contribution rates for the Virginia Law Officers Retirement System pursuant to Item 469 of this act. 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.  Constitutionally protected funds and amounts from federal sources are excluded from this action. 

CC. On or before June 30 each year, the State Comptroller shall transfer from agency and institution nongeneral fund accounts to the general fund amounts estimated at $4,855,893 the first year and $5,066,977 the second year, resulting from savings associated with changes in employer contribution rates for the Virginia Sickness and Disability program and the state employee retiree health care credit, pursuant to Item 469 of this Act. 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.  Constitutionally protected funds and amounts from federal sources are excluded from this action. 

DD. On or before, June 30, 2011, the State Comptroller shall transfer from agency and institution nongeneral fund accounts to the general fund amounts estimated at $3,491,632 the first year resulting from savings associated with the decrease in the state level of support for the  cash match on state employee deferred compensation plan accounts, pursuant to Item 469 of this Act. 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.  Constitutionally protected funds and amounts from federal sources are excluded from this action.

EE. On or before June 30 each year, the State Comptroller shall transfer from agency and institution nongeneral fund accounts to the general fund amounts estimated at $164,885 the first year and $164,885 the second year, resulting from savings associated with the reduction of agency charges for the statewide purchase and supply system operated by the Department of General Services. 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.  Constitutionally protected funds and amounts from federal sources are excluded from this action. 

FF. On or before June 30, 2011, the State Comptroller shall transfer $4,350,000 to the general fund from the State Insurance Reserve Trust Fund at the Department of the Treasury.

GG.  The Brunswick Correctional Center operated by the Department of Corrections shall be sold and the proceeds of such sale deposited into the general fund, notwithstanding the provisions of § 2.2.-1156, Code of Virginia.  The estimated amounts of the proceeds to be received is $11,250,000.   The Commonwealth may enter into negotiations with (1) the Virginia Tobacco Indemnification and Community Revitalization Commission, (2) regional local governments, and (3) regional industrial development authorities for the purchase of this property as an economic development site.

HH. The former Virginia School for the Deaf, Blind, and Multi-disabled campus operated by the Department of Education shall be sold and the proceeds of such sale deposited into the general fund notwithstanding the provisions of § 2.2-1156, Code of Virginia.  The estimated amount of the payments to be received is $2,500,000 the first year.

II. On or before June 30 each year, the State Comptroller shall transfer $1,550,764 the first year and $1,740,836 the second year from savings from changes to the durable medical equipment Medicaid rates, pursuant to paragraph UUU. in Item 297, to the general fund.  Any additional savings will be transferred to the Virginia Infrastructure Technology Fund and shall be used to pay down balances on the working capital advance for enterprise applications, pursuant to paragraph D in Item 433.  The Department of Medical Assistance Services shall determine the actual amount the State Comptroller shall transfer based on the most available expenditure data when the transfer is made.

JJ. On or before June 30 each year the State Comptroller shall transfer $1,800,000 from the fund created pursuant to § 17.1-275.12 of the Code of Virginia, to Items 331, 384, and 408 of this act, for the purposes enumerated in Section 17.1-275.12.  Any amounts remaining in the fund following these transfers, estimated at $2,700,000 each year the first year and $650,000 the second year, shall be transferred to the general fund on or before June 30 of each year.

KK. On or before June 30 each year, the State Comptroller shall transfer $10,518,587 the first year and $10,518,587 the second year to the general fund from the $2.00 increase in the annual vehicle registration fee from the special emergency medical services fund contained in the Department of Health's Emergency Medical Services Program (40200).

LL. On or before June 30, 2011, the Joint Committee on Rules shall authorize the transfer of $1,000,000 to the general fund from unexpended nongeneral fund balances at the Commission on the Virginia Alcohol Safety Action Program.

MM. On or before June 30, 2011, the Joint Committee on Rules shall authorize the transfer of $250,000 to the general fund from unexpended nongeneral fund balances at the Division of Automated Legislative Services.

NN. On or before June 30, 2011, the State Comptroller shall transfer $12,000,000 to the general fund from unobligated nongeneral fund balances at the State Corporation Commission, and on or before June 30, 2012, the State Comptroller shall transfer an additional $11,225,600 to the general fund from unobligated nongeneral fund balances at the State Corporation Commission.

OO. The provisions of Chapter 6.2, Title 58.1, Code of Virginia, notwithstanding, on or before June 30 each year the State Comptroller shall transfer to the general fund from the proceeds of the Virginia Communications Sales and Use Tax (fund 0721), the Department of Taxation's indirect costs of administering this tax estimated at $87,500 the first year and $87,500 $114,775 the second year.

PP. On or before June 30 each year, the State Comptroller shall transfer to the general fund $523,843 the first year and $207,355 the second year from savings associated with the reduction in the rate charged to state agencies by Virginia Dominion Power.  Of this amount, $149,982 the first year and $59,368 the second year is reserved for federal reversion upon request.

QQ. On or before June 30, 2011, the State Comptroller shall transfer to the general fund $1,500,000 from fund 0255 in the Department of Corrections.

RR. 1. As required by §4-1.05 b of Chapter 874, 2010 Acts of Assembly, $26,569 in various inactive nongeneral fund accounts were reverted by the State Comptroller to the general fund in the first year and $626,919 were reverted in the second year. 

2. On or before June 30, 2011, the State Comptroller shall restore $16,068 to the Department of Historic Resources' Preservation Easement Fund from the general fund, pursuant to Section 4-1.05 b. of this act.

3. On or before June 30, 2012, the State Comptroller shall restore $600,809 from the general fund to the Excess Indirect Cost Recoveries Fund (Fund 0316) in James Madison University, pursuant to Section 4-1.05 b. of this act.

4. On or before June 30, 2012, the State Comptroller shall restore $5,320 from the general fund to the Surplus Supplies and Equipment Sales Fund (Fund 0388) in Christopher Newport University, pursuant to Section 4-1.05 b. of this act.

5. On or before June 30, 2012, the State Comptroller shall restore $11,783 from the general fund to the Insurance Recovery Fund (Fund 0390) in Wytheville Community College, pursuant to Section 4-1.05 b. of this act.

6. On or before June 30, 2012, the State Comptroller shall restore $2,689 from the general fund to the State Asset Forfeiture Fund (Fund 0233) in the Department of Agriculture and Consumer Services, pursuant to § 4-1.05 b. of this act.

SS. Notwithstanding the provisions of § 2.2-1156, Code of Virginia, proceeds in the amount of $210,000 from the sale by the Department of Forestry of the property at 728 Richmond Road in Staunton, shall be deposited into the general fund no later than June 30, 2011.

TT. Notwithstanding the provisions of § 2.2-1156, Code of Virginia, the proceeds, estimated at $475,000, from the sale of the property at 7 N. 2nd Street in Richmond, formerly used to house the Richmond Women's Detention Center, shall be deposited into the general fund the first year and proceeds estimated at $3,611,000 from the sale of the former Tax Department Building shall be deposited into the general fund in the second year.

UU. On or before June 30, 2012, the State Comptroller shall transfer to the general fund an amount estimated at $2,600,000 from the Department of State Police for revenue received from the sale of two aircrafts.

VV. On or before June 30, 2012, the State Comptroller shall transfer to the general fund $827,815 from the Department of Environmental Quality, Vehicle Emissions Inspection Program Fund.

WW. On or before June 30, 2012, the State Comptroller shall transfer to the general fund $500,000 from fiscal year 2011 year end balances from the Workforce Retraining Fund (Fund 0909 in Item 98).

XX. On or before June 30, 2012, the State Comptroller shall transfer to the general fund $6,000,000 from fiscal year 2011 year end balances in the Governor's Development Opportunity Fund (Fund 0910 from agency 192).

YY. On or before June 30, 2012, the State Comptroller shall transfer to the general fund an amount estimated at $66,500,000 from the Regulatory, Consumer Advocacy, Litigation and Enforcement Revolving Trust Fund established in Item 48 of Chapter 966 of the Acts of Assembly of 1994.

ZZ.  On or before June 30, 2012, the State Comptroller shall transfer $200,508 from the general fund to the Trust and Agency Fund (Fund 0700) for the Department of State Police to restore revenue inadvertently deposited to the general fund in fiscal year 2011.