* § 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.

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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 22 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 § 2807-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