Section 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.