1.01 (language only)

§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 $74,800,000 $83,300,000 the first year and $78,200,000 $80,200,000 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 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 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, the Property Tax Unit, and State Land Evaluation Advisory Committee (SLEAC) services by the Department of Taxation estimated at $5,839,598 $5,540,285 the first year and $5,839,598 $5,540,285 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 and revenue forecasting for the Transportation Trust Fund by the Department of Taxation estimated at $2,883,627 $2,765,777 the first year and $2,883,627 $2,765,777 the second year.

F. On or before June 30 of each year, the State Comptroller shall transfer $6,309,188 $6,233,551 the first year and $6,309,188 $6,116,866 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 State Comptroller shall transfer to the Lottery Proceeds Fund established pursuant to § 58.1-4022.1, Code of Virginia, an amount estimated at $525,000,000 $557,555,450 the first year and $510,000,000 $531,667,925 the second year, from the State Virginia Lottery Fund.  The transfer each year shall be made in two parts: (1) on or before January 1 of each year, the State Comptroller shall transfer the balance of the State Virginia 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 Virginia Lottery Director shall estimate the amount of profits in the State Virginia 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 § 58.1-4022.1, Code of Virginia, the State Comptroller shall transfer to the Lottery Proceeds Fund the remaining audited balances of the State Virginia 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 Virginia 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 § 58.1-4022.1, 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 $3,000,000 the first year and $3,000,000 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 $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.

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 $50,000 the first year and $50,000 the second year, and 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 State 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 $1,700,000 the first year and $3,700,000 $2,000,000 the second year.

2. Notwithstanding the provisions of subparagraph K.1. above, the Governor may, at his discretion, direct the State 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. Not later than thirty days after the close of each quarter during the biennium, the State 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 $8,270,640 the first year and $10,635,320 $8,000,000 the second year.

N.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 § 3.2-4201, 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 § 3.2-4201, Code of Virginia.

O. On or before June 30 each year, the State Comptroller shall transfer to the general fund $4,589,914 the first year and $4,589,914 $5,089,914 the second year from the Court Debt Collection Program Fund at the Department of Taxation.

P. On or before June 30 each year, the State Comptroller shall transfer to the general fund $7,400,000 $8,900,000 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.

Q. 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.

R. 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 $12,500,000, shall be deposited into the general fund no later than June 30, 2015. 

S. On or before June 30 each year, the State Comptroller shall transfer to the general fund $1,550,385 $1,901,785 the first year and $1,550,385 $2,464,585 the second year from operating efficiencies to be implemented by the Department of Alcoholic Beverage Control.

T. 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 the first year, and $9,055,000 the second year from the Trauma Center Fund contained in the Department of Health's Financial Assistance for Non Profit Emergency Medical Services Organizations and Localities (40203).

U. 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.

V. 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.

W.1. The Brunswick Correctional Center operated by the Department of Corrections shall be sold.  The estimated amount of the proceeds to be received is $20,000,000. 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.

2. Notwithstanding the provisions of § 2.2.-1156, Code of Virginia or any other provisions of law, up to $10,000,000 from the proceeds of the sale of the Brunswick Correctional Center shall be paid into the general fund and any amount above $10,000,000 shall be paid into the Federal Action Contingency Trust (FACT) Fund contained in Central Appropriations.  Any proceeds deposited into the Federal Action Contingency Trust (FACT) Fund pursuant to this paragraph are hereby appropriated.  

X. On or before June 30 each year the State Comptroller shall transfer an estimated $2,450,000 from all amounts collected for the fund created pursuant to § 17.1-275.12 of the Code of Virginia, to Items 339, 389, and 414 of this act, for the purposes enumerated in Section 17.1-275.12.

Y. 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).

Z. 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 0926), the Department of Taxation’s indirect costs of administering this tax estimated at $114,413 $127,864 the first year and $114,413 $127,864 the second year.

AA. Any amount designated by the State Comptroller from the June 30, 2014, or June 30, 2015, general fund balance for transportation pursuant to § 2.2-1514B., Code of Virginia, is hereby appropriated.

BB. The State Comptroller shall transfer balances from the Foundation for Virginia’s Natural Resources Trust Fund to the Virginia Land Conservation Fund to promote environmental education, pollution prevention, and citizen monitoring by fostering and supporting collaborative efforts among businesses, citizens, communities, local governments, and state agencies.

CC.  The Department of General Services, with the cooperation and support of the Department of Behavioral Health and Developmental Services, is authorized to sell to Virginia Electric and Power Company, a Virginia corporation d/b/a Dominion Virginia Power, for such consideration as the Governor may approve, a parcel of land containing approximately 15 acres along the northern property line of Southside Virginia Training Center.  After deduction of the expenses incurred by the Department of General Services in the sale of the property, the proceeds of the sale shall be deposited to the Behavioral Health and Developmental Services Trust Fund established pursuant to § 37.2-318, Code of Virginia.  Any conveyance shall be approved by the Governor or his designee in the manner set forth in § 2.2-1150, Code of Virginia.

DD. On or before June 30, 2015, and June 30, 2016, the State Comptroller shall transfer amounts estimated at $3,000,000 $5,000,000 the first year and $3,000,000 the second year to the general fund from unobligated nongeneral fund balances at the State Corporation Commission.

EE. On or before June 30 of each year, the State Comptroller shall transfer an additional $439,180 to the general fund from the fees generated by the Firearms Transaction Program.

FF. Contingent upon federal approval, the State Comptroller shall transfer in the first year $18,000,000 in nongeneral fund cash balances from the Commonwealth's Attorneys' Services Council (Fund 0282 Agency 957) to the Virginia Retirement System for deposits into the State Police Officer Retirement System and the Virginia Law Enforcement Officer Retirement System to be applied towards each systems unfunded liabilities.  The Virginia Retirement System shall deposit $9,000,000 in each of the two systems.  The State Comptroller shall transfer in the second year $18,000,000 in nongeneral fund cash to the Virginia Retirement System, to be managed by VRS for the benefit of the Commonwealth's Attorneys Services Council, pursuant to Senate Bill 1360 and House Bill 2222 of the 2015 General Assembly.

GG.21. In addition, on On or before June 30 the first year, the State Comptroller shall transfer to the general fund $31,070,647 from the Transportation Trust Fund, an amount equivalent to the unexpended balances remaining from the 2007 Transportation Initiative authorized in Chapter 847, 2007 Acts of Assembly.

HH. Notwithstanding the provisions of § 10.1-2128.1 of the Code of Virginia, on or before June 30 each year, the State Comptroller shall transfer to the general fund amounts estimated at $1,000,000 the first year and $1,000,000 the second year, from the nongeneral funds deposited into the Natural Resources Commitment Fund as provided for in Item 357 D.2.

II. On or before June 30, 2015, the State Comptroller shall transfer to the general fund an amount estimated at $950,000 from Special Fund balances of the Commission on the Virginia Alcohol Safety Action Program.

JJ.1. As required by §4-1.05 b of Chapter 3, 2014 Special Session I, $105,062 in various inactive nongeneral fund accounts were reverted by the State Comptroller to the general fund in the first year.

2. On or before June 30, 2015, the State Comptroller shall restore $7,500 to the Public-Private Education Act Fund (Fund 0275) in George Mason University, pursuant to Section 4-1.05 b. of this act.

KK. On or before June 30 each year, the State Comptroller shall transfer amounts estimated at $1,600,000 the first year and $300,000 the second year to the general fund from the Vehicle Emissions Inspection Program Fund (Fund 0919) at the Department of Environmental Quality.

LL. On or before June 30, 2015, the State Comptroller shall transfer an amount estimated at $300,000 from the Department of General Services' State Surplus Property Suspense Fund (0260) to the general fund.  Out of this amount, the Comptroller shall transfer into the Federal Repayment Reserve Fund an amount estimated to be sufficient to pay the federal government in anticipation of a repayment resulting from this transfer.  The State Comptroller shall notify the Director, Department of Planning and Budget of the final federal repayment transfer amount prior to making the transfer into the Federal Repayment Reserve Fund.

MM. On or before June 30 each year, the State Comptroller shall transfer amounts estimated at $240,160 the first year and $240,160 the second year to the general fund from Fund 0200 in the Department of Agriculture and Consumer Services.

NN. On or before June 30, 2015, the State Comptroller shall transfer an amount estimated at $4,518,234 from the Virginia Information Technologies Agency's internal service fund (0600) to the general fund. Out of this amount, the Comptroller shall transfer into the Federal Repayment Reserve Fund an amount estimated to be sufficient to pay the federal government in anticipation of a federal repayment resulting from this transfer. The State Comptroller shall notify the Director, Department of Planning and Budget of the final federal repayment transfer amount prior to making the transfer into the Federal Repayment Reserve Fund.

OO. On or before June 30, 2015, the State Comptroller shall transfer an amount estimated at $663,799 from the Department of General Services' State Surplus Property Program Fund (0603) to the general fund.  Out of this amount, the Comptroller shall transfer into the Federal Repayment Reserve Fund an amount estimated to be sufficient to pay the federal government in anticipation of a federal repayment resulting from this transfer.  The State Comptroller shall notify the Director, Department of Planning and Budget of the final federal repayment transfer amount prior to making the transfer into the Federal Repayment Reserve Fund.

PP. On or before June 30, 2015, the State Comptroller shall transfer an amount estimated at $1,729,626 from the Department of General Services' Fleet Management Fund (0610) to the general fund. Out of this amount, the Comptroller shall transfer into the Federal Repayment Reserve Fund an amount estimated to be sufficient to pay the federal government in anticipation of a federal repayment resulting from this transfer.  The State Comptroller shall notify the Director, Department of Planning and Budget of the final federal repayment transfer amount prior to making the transfer into the Federal Repayment Reserve Fund.

QQ. On or before June 30, 2015, the State Comptroller shall transfer an amount estimated at $3,116,527 from the Department of General Services' eVA Procurement Program Fund (0505) to the general fund.  Out of this amount, the Comptroller shall transfer into the Federal Repayment Reserve Fund an amount estimated to be sufficient to pay the federal government in anticipation of a federal repayment resulting from this transfer.  The State Comptroller shall notify the Director, Department of Planning and Budget of the final federal repayment transfer amount prior to making the transfer into the Federal Repayment Reserve Fund.

RR. On or before June 30, 2015, the State Comptroller shall transfer an amount estimated at $247,117 from the Training and Forms Recovery Fund (Fund 0202) at the Department of Human Resource Management to the general fund.  Out of this amount, the Comptroller shall transfer into the Federal Repayment Reserve Fund an amount estimated to be sufficient to pay the federal government in anticipation of a federal repayment resulting from this transfer.  The State Comptroller shall notify the Director, Department of Planning and Budget of the final federal repayment transfer amount prior to making the transfer into the Federal Repayment Reserve Fund.

SS. On or before June 30, 2015, the State Comptroller shall transfer an amount estimated at $91,179 from the Employee Dispute Resolution Services Fund (Fund 0250) at the Department of Human Resource Management to the general fund.  Out of this amount, the Comptroller shall transfer into the Federal Repayment Reserve Fund an amount estimated to be sufficient to pay the federal government in anticipation of a federal repayment resulting from this transfer.  The State Comptroller shall notify the Director, Department of Planning and Budget of the final federal repayment transfer amount prior to making the transfer into the Federal Repayment Reserve Fund.

TT. On or before June 30, 2015, the State Comptroller shall transfer an amount estimated at $507,787 from the Workers' Compensation Funding Account (Fund 0711) at the Department of Human Resource Management to the general fund.  Out of this amount, the Comptroller shall transfer into the Federal Repayment Reserve Fund an amount estimated to be sufficient to pay the federal government in anticipation of a federal repayment resulting from this transfer.  The State Comptroller shall notify the Director, Department of Planning and Budget of the final federal repayment transfer amount prior to making the transfer into the Federal Repayment Reserve Fund.

UU.1. On or before June 30, 2015 the State Comptroller shall transfer $1,763,697 from the Department of Human Resource Management’s Special Fund (Fund 0200) to the State Health Insurance Fund (Fund 0620). 

2. On or before June 30, 2015 the State Comptroller shall transfer $10,979,143 from the Administration of Health Insurance’s Health Insurance Fund – State Restricted (Fund 0621) to the State Health Insurance Fund (Fund 0620)

3. On or before June 30, 2016, the State Comptroller shall transfer to the State Health Insurance Fund (Fund 0620) the balance from the Special Fund (Fund 0200) at the Department of Human Resource Management.  The balance in the Department of Human Resource’s Special Fund represents a portion of the payments deposited into the State Health Insurance Fund used to pay the state health insurance program’s administrative expenses.

VV. Notwithstanding the provisions of § 2.2-1156, Code of Virginia, the proceeds, estimated at $20,000,000, from the sale of the following properties currently owned by the Department of Corrections shall be deposited into the general fund no later than June 30, 2016: Pulaski Correctional Center, Botetourt Correctional Center, and White Post Detention and Diversion Center.

WW. Notwithstanding the provisions of Section 2.2-1156, Code of Virginia, the proceeds, estimated at $50,000, from the sale by the Department of State Police of the airplane based in Richmond, Virginia, shall be deposited into the general fund no later than June 30, 2015.

XX.1. The Department of Agriculture and Consumer Services is authorized to sell the Southwest Virginia Farmers’ Market, located at 497 Farmers Market Drive, Hillsville, Virginia 24343.  Notwithstanding the provisions of § 2.2-1156, Code of Virginia, the proceeds from the sale shall first be applied toward remediation options under federal tax law of any outstanding tax-exempt bonds on the property.  Any proceeds that remain after the implementation of such remediation options shall be deposited to the general fund no later than June 30, 2015.

2. The Department of Agriculture and Consumer Services is authorized to sell the Warrenton office building located at 234 West Shirley Avenue, Warrenton, Virginia 22186. Notwithstanding the provisions of § 2.2-1156, Code of Virginia, the proceeds from the sale shall first be applied toward remediation options under federal tax law of any outstanding tax-exempt bonds on the property.  Any proceeds that remain after the implementation of such remediation options shall be deposited to the general fund no later than June 30, 2015.

3. The Department of Agriculture and Consumer Services is authorized to sell the Northern Neck of Virginia Farmers Market, located at 1647 Kings Highway, Oak Grove, Virginia, 22443.  Notwithstanding the provisions of § 2.2-1156, Code of Virginia, the proceeds from the sale shall first be applied toward remediation options under federal tax law of any outstanding tax-exempt bonds on the property.  Any proceeds that remain after the implementation of such remediation options shall be deposited to the general fund no later than June 30, 2015.

YY. The Department of Forestry is authorized to sell property located at 8818 Courthouse Road, Spotsylvania, Virginia.  Notwithstanding the provisions of Section 2.2-1156, Code of Virginia, the proceeds, estimated at $177,146, shall first be applied toward remediation options under federal tax law of any outstanding tax-exempt bonds on the property.  Any proceeds that remain after the implementation of such remediation options shall be deposited to the general fund no later than June 30, 2015.

ZZ.1. On or before June 30 of each year, the State Comptroller shall transfer amounts estimated at $33,195,521 the first year and $2,075,000 the second year from the agencies and fund sources listed below to the general fund of the state treasury.

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.