2012 New York Consolidated Laws
STF - State Finance
Article 2 - (2 - 19) GENERAL FISCAL PROVISIONS
4 - Payments, transfers and deposits.

 
    §   4.  Payments,  transfers  and  deposits.  1.  Notwithstanding  the
  provisions of any other section of law to the contrary, no  money  shall
  be  paid  from any fund under the management of the state, or any agency
  or officer thereof except in pursuance of an appropriation by law.
    2.  If,  at  any  time,  the  legislature  shall  fail  to   make   an
  appropriation  for  a payment from a fund where the failure to make such
  payment would violate a covenant contained in a  statute  or  resolution
  which  was in force prior to the effective date of this section, between
  the state and holders of any obligations, pursuant to  which  the  state
  had  agreed  that  it  would not limit or alter the rights vested in the
  issuers of such obligations to fulfill any and all agreements with  such
  holders  or  that it would not in any way impair the rights and remedies
  of such holders, such payment shall nevertheless be made from such  fund
  to  the extent necessary to comply with the rights of the issuer of such
  obligations and of the holders thereof.
    3.  If,  at  any  time,  the  legislature  shall  fail  to   make   an
  appropriation  for  the payment of the interest upon and installments of
  principal of all debts created on behalf of the state as the same  shall
  fall  due,  and  for  the  contribution  to  all  of  the  sinking funds
  heretofore created by law, the comptroller  shall  set  apart  from  the
  first  revenues  thereafter  received, applicable to the general fund of
  the state, a sum  sufficient  to  pay  such  interest,  installments  of
  principal,  or  contributions  to such sinking fund, as the case may be,
  and shall so apply the moneys thus set apart.
    4. Money which has not been  given,  granted,  or  bequeathed  to  the
  state,  or  any  agency  thereof  conditionally  or  otherwise,  and the
  ownership and equitable title of  which  belongs  to  an  individual  or
  organization other than the state, but which is being held by any agency
  or  officer  of  the  state  pending  transfer  of  such  money  to such
  individual or organization in accordance with the terms  and  conditions
  pursuant  to  which  it  was  placed  in  the  custody of such agency or
  officer, may be transferred to such individual or organization  by  such
  agency  or  officer  without  an appropriation by law provided that such
  transfers are made in accordance with such terms and conditions.
    5. No money or other  financial  resources  shall  be  transferred  or
  temporarily  loaned  from one fund to another without specific statutory
  authorization for such transfer or temporary loan, except that money  or
  other  financial  resources  of  a fund may be temporarily loaned to the
  general fund during the state fiscal year provided that such loan  shall
  be repaid in full no later than (a) four months after it was made or (b)
  by  the  end  of  the  same  fiscal year in which it was made, whichever
  period is shorter, so that an accurate accounting and reporting  of  the
  balance of financial resources in each fund may be made. The comptroller
  is  hereby authorized to temporarily loan money from the general fund or
  any other fund to the fund/accounts that are  authorized  to  receive  a
  loan. Such loans shall be limited to the amounts immediately required to
  meet  disbursements,  made  in  pursuance of an appropriation by law and
  authorized by a certificate of approval issued by the  director  of  the
  budget  with  copies thereof filed with the comptroller and the chair of
  the senate finance committee and the chair  of  the  assembly  ways  and
  means  committee.  The  director  of  the  budget shall not issue such a
  certificate unless he or she shall have determined that the  amounts  to
  be  so  loaned  are  receivable  on  account.  When  making  loans,  the
  comptroller shall establish appropriate accounts and if the loan is  not
  repaid  by  the end of the month, provide on or before the fifteenth day
  of the following month to the director of the budget, the chair  of  the
  senate  finance  committee  and the chair of the assembly ways and means
  committee, an accurate accounting and report of the financial  resources

  of  each  such  fund  at  the  end of such month. Within ten days of the
  receipt of such accounting and reporting, the  director  of  the  budget
  shall  provide  the  comptroller  and  the  chair  of the senate finance
  committee  and  the  chair  of  the assembly ways and means committee an
  expected  schedule  of  repayment  by  fund  and  by  source  for   each
  outstanding  loan.  Repayment  shall be made by the comptroller from the
  first cash receipt of this fund.
    6. Notwithstanding any law to the contrary, at the  beginning  of  the
  state  fiscal  year,  the  state  comptroller  is  hereby authorized and
  directed to receive for deposit to  the  credit  of  a  fund  and/or  an
  account  such  monies as are identified by the director of the budget as
  having been intended for such deposit to support disbursements from such
  fund and/or account made in pursuance of an  appropriation  by  law.  As
  soon  as  practicable  upon enactment of the budget, the director of the
  budget shall,  but  not  less  than  three  days  following  preliminary
  submission  to  the  chairs  of  the  senate  finance  committee and the
  assembly ways and means committee, file with the  state  comptroller  an
  identification  of  specific  monies  to be so deposited. Any subsequent
  change regarding the monies to be so deposited shall  be  filed  by  the
  director  of the budget, as soon as practicable, but not less than three
  days following preliminary  submission  to  the  chairs  of  the  senate
  finance committee and the assembly ways and means committee.
    All monies identified by the director of the budget to be deposited to
  the  credit of a fund and/or account shall be consistent with the intent
  of the budget for the then current state fiscal year as enacted  by  the
  legislature.
    The provisions of this subdivision shall expire on March thirty-first,
  two thousand fourteen.
    * NB Expires March 31, 2014
    7.  Notwithstanding  subdivision  one  of  this  section,  the  taxes,
  interest and penalties collected or  received  by  the  commissioner  of
  taxation  and  finance  under sections four hundred seventy-one and four
  hundred seventy-one-a of the tax law, and the revenue (including  taxes,
  interest  and  penalties)  from  the  imposition of cigarette taxes by a
  local government paid to the comptroller of the state  of  New  York  by
  such  local government, which are required to be deposited to the credit
  of the tobacco control and insurance  initiatives  pool  established  by
  section twenty-eight hundred seven-v of the public health law and moneys
  received   in   the  tobacco  settlement  fund  established  by  section
  ninety-two-x of this chapter shall  be  made  pursuant  to  statute  but
  without an appropriation.
    8. For the purposes of this section, agency shall mean any department,
  agency,  board,  bureau,  commission, division, council or office of the
  state except as  otherwise  provided  in  section  eighty-eight  of  the
  workers' compensation law.
    9.  Notwithstanding  subdivision  one  of  this  section,  the  moneys
  transferred to the universal prekindergarten reserve  fund  pursuant  to
  paragraph  f  of  subdivision ten of section thirty-six hundred two-e of
  the education law shall be paid  pursuant  to  statute  but  without  an
  appropriation.
    * 10.  Notwithstanding  subdivision  one  of  this section, the moneys
  deposited in the health insurance fund authorized in section one hundred
  sixty-seven of the civil service law shall be paid pursuant  to  statute
  but without an appropriation.
    * NB Expired March 31, 2006