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* §  99-pp.  Background  check fund. 1. There is hereby established in
the joint custody of the state comptroller and commissioner of  taxation
and finance a special fund to be known as the "background check fund".
  2.   Such   fund  shall  consist  of  all  revenues  received  by  the
comptroller,  pursuant  to  the  provisions  of  section   two   hundred
twenty-eight  of  the  executive  law  and all other moneys appropriated
thereto from any other fund or source pursuant to law. Nothing contained
in this section shall prevent the state from receiving grants, gifts  or
bequests  for  the  purposes  of the fund as defined in this section and
depositing them into the fund according to law.
  3. The moneys of the background check fund, following appropriation by
the legislature, shall be allocated for the direct costs associated with
performing  background  checks   pursuant   to   section   two   hundred
twenty-eight of the executive law.
  4. The state comptroller may invest any moneys in the background check
fund  not  expended  for the purpose of this section as provided by law.
The state comptroller shall credit any interest and income derived  from
the deposit and investment of moneys in the background check fund to the
background check fund.
  5.  (a)  Any  unexpended  and  unencumbered  moneys  remaining  in the
background check fund at the end of a fiscal year shall  remain  in  the
background check fund and shall not be credited to any other fund.

(b) To the extent practicable, any such remaining funds shall be used to reduce the amount of the fee described in subdivision two of section two hundred twenty-eight of the executive law. * NB There are 3 § 99-pp's