Protect Access to Health Care Fund
Cal. WIC § 14199.105
California Statutes
Treatment of Moneys Deposited in and Expended from the Fund Notwithstanding any other law: (
a) The fund, and every subfund, account, and subaccount within the fund, is hereby declared to be a trust fund, trust subfund, trust account, or trust subaccount. (
b) Except as provided in Sections and of the Government Code as those sections read on January 1, 2023, moneys in the fund shall not be borrowed, loaned, or otherwise transferred to the General Fund or any other state or local fund or account. Moneys deposited into the fund, and any subfund, account, or subaccount within the fund, including any interest or dividends earned thereon, shall only be used for the specific purposes set forth in this chapter.
Action shall not be taken that permanently or temporarily changes the status of the fund or any subfund, account, or subaccount within the fund as a trust fund, trust subfund, trust account, or trust subaccount, or borrows, diverts, or appropriates the moneys in the fund in a manner inconsistent with this chapter. (c)
(1) The taxes imposed by
Article 7.1 (commencing with
Section 14199.80) of
Chapter during calendar years and 2026, and
Article 6 (commencing with
Section 14199.123) and the moneys derived therefrom, including interest and penalties but less payment of refunds, are required to be deposited into the fund as set forth in
Article 3 (commencing with
Section 14199.108). The fund is a special fund and trust fund permanently and irrevocably separate and apart from the General Fund. Notwithstanding
Section of the Government Code, moneys in the fund are continuously appropriated to the department without regard to fiscal year for the purposes set forth in this chapter. (2) (
A) Therefore, the taxes and the moneys resulting therefrom described in paragraph (1) shall not be considered to be part of the General Fund, as that term is used in
Chapter 1 (commencing with
Section 16300) of Part of Division of Title of the Government Code, shall not be considered General Fund revenues for purposes of
Section of
Article XVI of the California Constitution and its implementing statutes, and shall not be considered “General Fund revenues,” “state revenues,” “moneys,” or “General Fund proceeds of taxes” for purposes of subdivisions (
a) and (
b) of
Section of
Article XVI of the California Constitution and its implementing statutes. (
B) This paragraph does not change the character of the taxes and the moneys resulting therefrom described in paragraph (1) as “state revenues” or “state tax revenues” for purposes of Title XIX and Title XXI of the Federal Social Security Act.