NY State Fin L § 4 (2021)
2021 New York Laws STF - State Finance Article 2 - 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 the end of the same fiscal year in which it was made, 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.   * NB Effective until March 31, 2021   * 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.   * NB Effective March 31, 2021   * 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 twenty-two.   * NB Expires March 31, 2022   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   11.  (a)  Notwithstanding  any other law to the contrary and except as provided by paragraph (b) of this subdivision,  no  state  agency  or  a state  official  or  employee acting in their official capacity, may pay out or otherwise disburse funds obtained as the result  of  a  judgment, stipulation,  decree,  agreement to settle, assurance of discontinuance, or other legal instrument  resolving  any  claim  or  cause  of  action, whether filed or unfiled, actual or potential, and whether arising under common  law,  equity,  or  any  provision  of law, except pursuant to an appropriation. Such funds shall not be retained by any  state  official, employee,  or  agency  in  any  fund held in the sole custody of a state agency for a period of more than thirty days but shall, consistent  with section seven of article seven of the state constitution be deposited in the  state  treasury, or fund under its management as may be directed by statute or as otherwise directed by the comptroller with the concurrence of the director of the budget.  (b) Paragraph (a) of this subdivision shall not apply to (1) moneys to be distributed to the federal government, to a local government,  or  to any  holder  of a bond or other debt instrument issued by the state, any public authority, or any public benefit corporation; (2)  moneys  to  be distributed solely or exclusively as a payment of damages or restitution to  individuals  or entities that were specifically injured or harmed by the defendant's or settling party's conduct and that are identified  in, or  can  be identified by the terms of, the relevant judgment, agreement to settle, assurance of discontinuance, or relevant instrument resolving the claim or cause of action; (3) moneys  recovered  or  obtained  by  a state  agency  or  a state official or employee acting in their official capacity where application of  paragraph  (a)  of  this  subdivision  is prohibited  by  federal law, rule, or regulation, or would result in the reduction or loss of federal funds or eligibility for  federal  benefits  pursuant  to  federal  law, rule, or regulation; (4) moneys recovered or obtained by or on  behalf  of  a  public  authority,  a  public  benefit corporation,  the  department  of  taxation  and  finance,  the workers' compensation  board,  the  New  York  state  higher  education  services corporation, the tobacco settlement financing corporation,  a  state  or local retirement system, an employee health benefit program administered by  the New York state department of civil service, the Title IV-D child support fund, the lottery prize fund, the abandoned property fund, or an endowment of the state university of New York or any unit thereof or any state agency, provided that all of the moneys received or recovered  are immediately transferred to the relevant public authority, public benefit corporation,  department,  fund, program, or endowment; (5) moneys to be refunded to an individual or entity as (i)  an  overpayment  of  a  tax, fine,   penalty,   fee,  insurance  premium,  loan  payment,  charge  or surcharge; (ii) a return of seized assets, or (iii) a  payment  made  in error;  (6)  moneys  to be used to prevent, abate, restore, mitigate, or control any identifiable instance of prior or ongoing water, land or air pollution; and (7) moneys obtained as a result of a settlement agreement which resulted from litigation with entities  that  manufactured,  sold, distributed,  dispensed  or  promoted  opioids  made  in connection with claims  arising  from  the   manufacturing,   marketing,   distributing, promoting or dispensing of opioids, as well as any funds received by the state  as  a  result  of  a  judgment, stipulation, decree, agreement to settle, assurance of discontinuance, or other legal instrument resolving any claim  or  cause  of  action  against  manufacturers,  distributors, dispensers  or  vendors  of  opioids and related entities arising out of activities alleged to have contributed to increases in opioid addiction, whether filed or unfiled, actual or potential, and whether arising under common law, equity, or any provision of law.   12. Notwithstanding subdivision one of this section and any other  law to  the  contrary, the revenue (including taxes, interest and penalties) from the  metropolitan  commuter  transportation  mobility  tax  imposed pursuant  to  article  twenty-three  of  the  tax  law which are paid in accordance with subsection (b) of section eight hundred five of the  tax law   into   the  metropolitan  transportation  authority  finance  fund established  by  section  twelve  hundred  seventy-h   of   the   public authorities  law  shall  be  made  pursuant  to  statute  but without an appropriation.   13. Notwithstanding subdivision one of this section and any other  law to  the  contrary,  the  revenue  (including  fees,  taxes, interest and penalties)  from  the  metropolitan  commuter  transportation   district supplemental  fees  and  taxes  imposed  pursuant  to paragraph (b-1) of subdivision two of section five hundred three of the vehicle and traffic law, paragraph (c-3) of subdivision two of section five hundred three of the vehicle and traffic law, article  seventeen-C  of  the  vehicle  and traffic  law,  article  twenty-nine-A  of the tax law and section eleven hundred sixty-six-a of the tax law which are  paid  in  accordance  with subparagraph  (ii) of paragraph (b-1) of subdivision two of section five hundred three of the vehicle  and  traffic  law,  subparagraph  (ii)  of paragraph  (c-3) of subdivision two of section five hundred three of the vehicle and traffic law, section twelve hundred eighty-eight of the  tax law  and  section  eleven  hundred  sixty-seven  of the tax law into the corporate transportation  account  of  the  metropolitan  transportation authority  special assistance fund established by section twelve hundred seventy-a of the public  authorities  law  shall  be  made  pursuant  to statute but without an appropriation.