* § 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