N.Y. STF Law § 4 — New York Code / Act STF / Article 2 / Section 4
Payments, transfers and deposits
Status: in_force

§ 4. Payments, transfers and deposits. 1. Notwithstanding the\nprovisions of any other section of law to the contrary, no money shall\nbe paid from any fund under the management of the state, or any agency\nor officer thereof except in pursuance of an appropriation by law.\n  2. If, at any time, the legislature shall fail to make an\nappropriation for a payment from a fund where the failure to make such\npayment would violate a covenant contained in a statute or resolution\nwhich was in force prior to the effective date of this section, between\nthe state and holders of any obligations, pursuant to which the state\nhad agreed that it would not limit or alter the rights vested in the\nissuers of such obligations to fulfill any and all agreements with such\nholders or that it would not in any way impair the rights and remedies\nof such holders, such payment shall nevertheless be made from such fund\nto the extent necessary to comply with the rights of the issuer of such\nobligations and of the holders thereof.\n  3. If, at any time, the legislature shall fail to make an\nappropriation for the payment of the interest upon and installments of\nprincipal of all debts created on behalf of the state as the same shall\nfall due, and for the contribution to all of the sinking funds\nheretofore created by law, the comptroller shall set apart from the\nfirst revenues thereafter received, applicable to the general fund of\nthe state, a sum sufficient to pay such interest, installments of\nprincipal, or contributions to such sinking fund, as the case may be,\nand shall so apply the moneys thus set apart.\n  4. Money which has not been given, granted, or bequeathed to the\nstate, or any agency thereof conditionally or otherwise, and the\nownership and equitable title of which belongs to an individual or\norganization other than the state, but which is being held by any agency\nor officer of the state pending transfer of such money to such\nindividual or organization in accordance with the terms and conditions\npursuant to which it was placed in the custody of such agency or\nofficer, may be transferred to such individual or organization by such\nagency or officer without an appropriation by law provided that such\ntransfers are made in accordance with such terms and conditions.\n  5. No money or other financial resources shall be transferred or\ntemporarily loaned from one fund to another without specific statutory\nauthorization for such transfer or temporary loan, except that money or\nother financial resources of a fund may be temporarily loaned to the\ngeneral fund during the state fiscal year provided that such loan shall\nbe repaid in full no later than (a) four months after it was made or (b)\nby the end of the same fiscal year in which it was made, whichever\nperiod is shorter, so that an accurate accounting and reporting of the\nbalance of financial resources in each fund may be made. The comptroller\nis hereby authorized to temporarily loan money from the general fund or\nany other fund to the fund/accounts that are authorized to receive a\nloan. Such loans shall be limited to the amounts immediately required to\nmeet disbursements, made in pursuance of an appropriation by law and\nauthorized by a certificate of approval issued by the director of the\nbudget with copies thereof filed with the comptroller and the chair of\nthe senate finance committee and the chair of the assembly ways and\nmeans committee. The director of the budget shall not issue such a\ncertificate unless he or she shall have determined that the amounts to\nbe so loaned are receivable on account. When making loans, the\ncomptroller shall establish appropriate accounts and if the loan is not\nrepaid by the end of the month, provide on or before the fifteenth day\nof the following month to the director of the budget, the chair of the\nsenate finance committee and the chair of the assembly ways and means\ncommittee, an accurate accounting and report of the financial resources\nof each such fund at the end of such month. Within ten days of the\nreceipt of such accounting and reporting, the director of the budget\nshall provide the comptroller and the chair of the senate finance\ncommittee and the chair of the assembly ways and means committee an\nexpected schedule of repayment by fund and by source for each\noutstanding loan. Repayment shall be made by the comptroller from the\nfirst cash receipt of this fund.\n  * 6. Notwithstanding any law to the contrary, at the beginning of the\nstate fiscal year, the state comptroller is hereby authorized and\ndirected to receive for deposit to the credit of a fund and/or an\naccount such monies as are identified by the director of the budget as\nhaving been intended for such deposit to support disbursements from such\nfund and/or account made in pursuance of an appropriation by law. As\nsoon as practicable upon enactment of the budget, the director of the\nbudget shall, but not less than three days following preliminary\nsubmission to the chairs of the senate finance committee and the\nassembly ways and means committee, file with the state comptroller an\nidentification of specific monies to be so deposited. Any subsequent\nchange regarding the monies to be so deposited shall be filed by the\ndirector of the budget, as soon as practicable, but not less than three\ndays following preliminary submission to the chairs of the senate\nfinance committee and the assembly ways and means committee.\n  All monies identified by the director of the budget to be deposited to\nthe credit of a fund and/or account shall be consistent with the intent\nof the budget for the then current state fiscal year as enacted by the\nlegislature.\n  The provisions of this subdivision shall expire on March thirty-first,\ntwo thousand twenty-seven.\n  * NB Repealed March 31, 2027\n  7. Notwithstanding subdivision one of this section, the taxes,\ninterest and penalties collected or received by the commissioner of\ntaxation and finance under sections four hundred seventy-one and four\nhundred seventy-one-a of the tax law, and the revenue (including taxes,\ninterest and penalties) from the imposition of cigarette taxes by a\nlocal government paid to the comptroller of the state of New York by\nsuch local government, which are required to be deposited to the credit\nof the tobacco control and insurance initiatives pool established by\nsection twenty-eight hundred seven-v of the public health law and moneys\nreceived in the tobacco settlement fund established by section\nninety-two-x of this chapter shall be made pursuant to statute but\nwithout an appropriation.\n  8. For the purposes of this section, agency shall mean any department,\nagency, board, bureau, commission, division, council or office of the\nstate except as otherwise provided in section eighty-eight of the\nworkers' compensation law.\n  9. Notwithstanding subdivision one of this section, the moneys\ntransferred to the universal prekindergarten reserve fund pursuant to\nparagraph f of subdivision ten of section thirty-six hundred two-e of\nthe education law shall be paid pursuant to statute but without an\nappropriation.\n  * 10. Notwithstanding subdivision one of this section, the moneys\ndeposited in the health insurance fund authorized in section one hundred\nsixty-seven of the civil service law shall be paid pursuant to statute\nbut without an appropriation.\n  * NB Expired March 31, 2006\n  11. (a) Notwithstanding any other law to the contrary and except as\nprovided by paragraph (b) of this subdivision, no state agency or a\nstate official or employee acting in their official capacity, may pay\nout or otherwise disburse funds obtained as the result of a judgment,\nstipulation, decree, agreement to settle, assurance of discontinuance,\nor other legal instrument resolving any claim or cause of action,\nwhether filed or unfiled, actual or potential, and whether arising under\ncommon law, equity, or any provision of law, except pursuant to an\nappropriation. Such funds shall not be retained by any state official,\nemployee, or agency in any fund held in the sole custody of a state\nagency for a period of more than thirty days but shall, consistent with\nsection seven of article seven of the state constitution be deposited in\nthe state treasury, or fund under its management as may be directed by\nstatute or as otherwise directed by the comptroller with the concurrence\nof the director of the budget.\n  (b) Paragraph (a) of this subdivision shall not apply to (1) moneys to\nbe distributed to the federal government, to a local government, or to\nany holder of a bond or other debt instrument issued by the state, any\npublic authority, or any public benefit corporation; (2) moneys to be\ndistributed solely or exclusively as a payment of damages or restitution\nto individuals or entities that were specifically injured or harmed by\nthe defendant's or settling party's conduct and that are identified in,\nor can be identified by the terms of, the relevant judgment, agreement\nto settle, assurance of discontinuance, or relevant instrument resolving\nthe claim or cause of action; (3) moneys recovered or obtained by a\nstate agency or a state official or employee acting in their official\ncapacity where application of paragraph (a) of this subdivision is\nprohibited by federal law, rule, or regulation, or would result in the\nreduction or loss of federal funds or eligibility for federal benefits\npursuant to federal law, rule, or regulation; (4) moneys recovered or\nobtained by or on behalf of a public authority, a public benefit\ncorporation, the department of taxation and finance, the workers'\ncompensation board, the New York state higher education services\ncorporation, the tobacco settlement financing corporation, a state or\nlocal retirement system, an employee health benefit program administered\nby the New York state department of civil service, the Title IV-D child\nsupport fund, the lottery prize fund, the abandoned property fund, or an\nendowment of the state university of New York or any unit thereof or any\nstate agency, provided that all of the moneys received or recovered are\nimmediately transferred to the relevant public authority, public benefit\ncorporation, department, fund, program, or endowment; (5) moneys to be\nrefunded to an individual or entity as (i) an overpayment of a tax,\nfine, penalty, fee, insurance premium, loan payment, charge or\nsurcharge; (ii) a return of seized assets, or (iii) a payment made in\nerror; (6) moneys to be used to prevent, abate, restore, mitigate, or\ncontrol any identifiable instance of prior or ongoing water, land or air\npollution; and (7) moneys deposited to the opioid settlement fund\nestablished in section ninety-nine-nn of this chapter.\n  12. Notwithstanding subdivision one of this section and any other law\nto the contrary, the revenue (including taxes, interest and penalties)\nfrom the metropolitan commuter transportation mobility tax imposed\npursuant to article twenty-three of the tax law which are paid in\naccordance with subsection (b) of section eight hundred five of the tax\nlaw into the metropolitan transportation authority finance fund\nestablished by section twelve hundred seventy-h of the public\nauthorities law shall be made pursuant to statute but without an\nappropriation.\n  13. Notwithstanding subdivision one of this section and any other law\nto the contrary, the revenue (including fees, taxes, interest and\npenalties) from the metropolitan commuter transportation district\nsupplemental fees and taxes imposed pursuant to paragraph (b-1) of\nsubdivision two of section five hundred three of the vehicle and traffic\nlaw, paragraph (c-3) of subdivision two of section five hundred three of\nthe vehicle and traffic law, article seventeen-C of the vehicle and\ntraffic law, article twenty-nine-A of the tax law and section eleven\nhundred sixty-six-a of the tax law which are paid in accordance with\nsubparagraph (ii) of paragraph (b-1) of subdivision two of section five\nhundred three of the vehicle and traffic law, subparagraph (ii) of\nparagraph (c-3) of subdivision two of section five hundred three of the\nvehicle and traffic law, section twelve hundred eighty-eight of the tax\nlaw and section eleven hundred sixty-seven of the tax law into the\ncorporate transportation account of the metropolitan transportation\nauthority special assistance fund established by section twelve hundred\nseventy-a of the public authorities law shall be made pursuant to\nstatute but without an appropriation.\n