Sec 36-2928. Budget neutrality compliance fund; nonlapsing

A. The budget neutrality compliance fund is established consisting of third party liability recoveries pursuant to section 36-2913, county contributions deposited pursuant to section 11-292, subsection O and section 11-300, subsection E and appropriations. The administration shall administer the fund. Monies in the fund are continuously appropriated and do not revert to the state general fund.

B. On notice from the administration, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the Arizona tobacco litigation settlement fund established by section 36-2901.02.

C. The administration shall use any remaining fund monies to pay for expenditures made pursuant to section 36-2901.02, subsection B, paragraph 1 if sufficient monies are not available in the Arizona tobacco litigation settlement fund established by section 36-2901.02, except that the administration shall use fund monies deposited pursuant to section 11-292, subsection P for any direct and indirect eligibility costs associated with the expansion of program services.

D. On or before June 30 of each year, the administration shall transfer from the Arizona tobacco litigation settlement fund established by section 36-2901.02 an amount necessary to reimburse the fund established pursuant to this section for its expenditures made to cover costs associated with the expanded definition of eligibility pursuant to section 36-2901.01, 36-2901.04 or 36-2903.03.

E. Notwithstanding subsection C of this section, in fiscal year 2001-2002, the administration shall use forty-six million seven hundred thirty-six thousand dollars of fund monies for maintenance of effort for the state match for persons who are determined eligible pursuant to section 36-2901.01, 36-2901.04 or 36-2903.03. Beginning in fiscal year 2002-2003 and each fiscal year thereafter, the administration shall adjust this amount for inflation based on the GDP price deflator as defined in section 41-563.