N.Y. State Finance Law § 97-zz: Federal revenue maximization contract fund

§ 97-zz. Federal revenue maximization contract fund. 1. There is

hereby established in the joint custody of the state comptroller and the

commissioner of taxation and finance a fund known as the federal revenue

maximization contract fund.

2. Such fund shall consist of those revenues specified by the

department of social services, subject to the approval of the director

of the budget, and properly received from the federal government on

account of federal revenue maximization activities conducted by the

department of social services and social services districts, both

directly and through their contractors, that are credited or transferred

thereto from any other fund or source pursuant to law.

3. Moneys in the fund, pursuant to appropriation by the legislature

and issuance of a certificate of approval by the director of the budget,

shall be made available for the following purposes:

(a) payment of fees, pursuant to a contract approved by the state

comptroller, to any contractor of the department of social services

providing federal revenue maximization services; and,

(b) payment or reimbursement of the federal share of social services

district expenditures based on social services district claims for

additional federal reimbursements submitted in accordance with section

one hundred thirty-one-g of the social services law and identified by

the commissioner of social services as federal revenue maximization

claims submitted on behalf of a city or county department or social

services district. Moneys shall be paid out of the fund on the audit

and warrant of the state comptroller on vouchers certified or approved

by the commissioner of social services and the director of the budget.

4. Notwithstanding any other provision of law to the contrary, any

federal revenues received by the state based on federal revenue

maximization contractor activities which reimburse social services

districts for activities which have been or will be subject to state

reimbursement shall be proportionately reduced by the amount of state

reimbursement received by the social services district or, as determined

by the commissioner of social services and the director of the budget,

by any other city or county agency.

5. Moneys in the federal revenue maximization contract fund shall be

kept separate and shall not be commingled with any moneys in the custody

of the comptroller. Further, the comptroller shall establish within the

federal revenue maximization contract fund a revenue maximization

contractor account and a local maximization account.

6. Upon the identification, by the director of the budget, of moneys

resulting from federal revenue maximization activities conducted by the

department of social services, the comptroller shall apportion the

monies as follows:

(a) The first portion shall be deposited to the revenue maximization

contractor account, pursuant to the provisions of the applicable

contract with the department of social services or a social services

district. The director of the budget shall review and approve or

disapprove the amounts to be so deposited.

(b) The second portion shall be deposited to the local maximization

account, in amounts to be determined by the director of the budget in

consultation with the department of social services and any other state

department or agency, as necessary.

(c) Remaining moneys shall be deposited to the contingency reserve

fund.

7. Payments to a contractor of a department of social services, or a

social services district, who was engaged in revenue maximization

activities generating reimbursement specified for deposit in the federal

revenue maximization fund pursuant to subdivision three of this section,

shall be made only from the revenue maximization account.