2023 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