§ 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.