Section 105. Radioactive byproducts special fund

1.  There  is hereby
  continued in the custody of the state comptroller a special fund,  known
  as the "radioactive byproducts special fund."
    2.  All  moneys  received  by  the  council  from  making  charges  or
  administering, controlling, or disposing of  radioactive  byproducts  or
  from  otherwise  operating,  developing  and  managing  facilities after
  assumption  of  jurisdiction  thereof  by  the   council   pursuant   to
  subdivision  six  of  section  one hundred four of this article, and all
  moneys received by the council in connection  with  such  assumption  of
  jurisdiction,  shall be deposited directly in the radioactive byproducts
  special fund.
    3. The moneys of the radioactive byproducts special fund,  subject  to
  segregation  by  the  director  of  the  budget,  shall be available for
  payment of any and all costs and expenditures, including those  incurred
  pursuant to contracts and arrangements entered into, in carrying out the
  purposes of subdivision six of section one hundred four of this article,
  and  costs  and  expenditures  incidental  and  appurtenant thereto. All
  payments from such fund shall be made on the audit and  warrant  of  the
  state  comptroller on vouchers approved by the executive director or any
  other person designated by the council.
    4. In the event that the council shall determine  by  resolution  that
  the  purposes  for  which  the  radioactive  byproducts  special fund is
  established have ceased to exist, or that such fund  contains  money  in
  excess  of  the amount of money required to accomplish such purposes, it
  shall deliver a copy of such resolution to the  state  comptroller,  who
  thereupon  shall  pay forthwith all moneys in the radioactive byproducts
  special fund or such excess, as the case may be, into the state treasury
  to the credit of the general fund.
    5. Subject to the provisions of subdivision four of this section,  the
  state  comptroller  shall  invest  and  keep  invested the moneys of the
  radioactive byproducts special fund.