2023 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 (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 twenty-seven.
* NB Repealed March 31, 2027
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  deposited  to  the  opioid settlement fund
established in section ninety-nine-nn of this chapter.
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.