NY State Fin L § 97-CCCC-3 (2021)
2021 New York Laws STF - State Finance Article 6 - Funds of the State 97-CCCC*3 - Tobacco Revenue Guarantee Fund.

* §  97-cccc.  Tobacco  revenue  guarantee  fund.  1.  There is hereby   established in the joint  custody  of  the  state  comptroller  and  the   commissioner  of  taxation and finance a fund to be known as the tobacco   revenue guarantee fund.2.  Notwithstanding  any  inconsistent  provision  of  law,  rule   or   regulation  to  the contrary, the director of the division of the budget   shall provide to chairpersons of the senate finance  and  assembly  ways   and   means   committees,   as  part  of  the  annual  executive  budget   submissions, a  health  care  reform  act  financial  plan  which  shall   include,  but  not  be  limited  to,  quarterly estimates of health care   reform act receipts and disbursements. Such plan shall be updated  on  a   quarterly  basis,  within  thirty  days of the quarter to which it shall   pertain, based on the actual experience of receipts,  disbursements  and   transfers,  in  a  form  suitable for comparison to the annual financial   plan. Such  plan  and  quarterly  updates  shall  be  delivered  to  the   temporary  president  of the senate, the speaker of the assembly and the   comptroller annually with the submission of the summary  financial  plan   as  required  by  section  twenty-two of this chapter, and within thirty   days after the end of each quarter, respectively.3. During each such quarter, the commissioner of health  shall  assess   the  receipts  deposited  to  the  credit  of the health care reform act   pursuant to a chapter of the laws of two thousand  three.  At  the  same   time,  the  director  of  the division of the budget shall determine the   amount of the payment that would have been due  to  the  state  for  the   state's  share  of  the  tobacco master settlement agreement as of April   thirtieth of each such state fiscal year. The director of  the  division   of the budget in consultation with the commissioner of health shall then   determine:  (a)  whether the actual receipts to be received prior to the   end of each quarter are less than the greater of the planned receipts or   estimated  disbursements;  (b)  if  such  determination  results  in  an   underpayment  or  deficiency, the director of the division of the budget   shall immediately  issue  a  declaration  to  the  comptroller  and  the   commissioner  of  health  identifying the amount of such underpayment or   deficiency; (c) notwithstanding any provision of law,  upon  receipt  of   such  declaration  of  underpayment or deficiency, the comptroller shall   transfer from amounts available in the general fund including,  but  not   limited  to  amounts collected pursuant to article twenty-two of the tax   law, to the tobacco revenue guarantee fund the amount identified as  the   underpayment   or   deficiency   pursuant   to  paragraph  (b)  of  this   subdivision. Provided, however, that the total amount so transferred  to   the  tobacco  revenue  guarantee  fund during any such state fiscal year   shall not exceed the amount of the payment that would have been  due  to   the  state  for  the  state's  share  of  the  tobacco master settlement   agreement as of April thirtieth of each such state fiscal year.4. At the request of the commissioner of health, the comptroller shall   transfer any and all funds in the tobacco revenue guarantee fund to  the   tobacco  control  and insurance initiatives pool established pursuant to   section twenty-eight hundred seven-v of the public health law. No  later   than  the thirty-first day of March, two thousand five, and again on the   thirty-first day of March, two thousand six, the commissioner of  health   shall  issue a report to the chairpersons of the assembly ways and means   committee  and  the  senate  finance   committee   setting   forth   the   calculations performed and the transfers made pursuant to this section.5.  Notwithstanding  any  other provision of this section or any other   contrary provision of law, for the  period  April  first,  two  thousand   seven through March thirty-first, two thousand eleven, the provisions of   subdivision  three  of this section shall be suspended and have no force   and effect. * NB There are 4 § 97-cccc's