Section 362. General budgetary controls  


Latest version.
  • 1. A separate account shall be kept
      of  each  appropriation  by  the chief fiscal officer. Each such account
      shall show the amount appropriated, the amount encumbered but  remaining
      unexpended,  the several amounts expended therefrom and the unencumbered
      balance.
        2. Whenever any liability of any nature shall be incurred for or by an
      administrative unit, the head of such unit shall file in the  office  of
      the  chief  fiscal  officer  a  written  statement  signed by him or his
      authorized agent setting forth the nature and amount of  the  liability,
      or  an  estimate  thereof  if  the  exact  amount  is  unknown,  and the
      appropriation against which it is chargeable; provided  that  the  state
      comptroller  may  prescribe,  as  a  part of a uniform system of keeping
      accounts for counties, that such written statements need not be filed in
      those  cases  where  he  shall  determine  that  compliance   with   the
      requirements of this subdivision would be impractical.
        3.  No  expenditure,  or  contract  which  in  any manner involves the
      expenditure of money or the incurring of any pecuniary liability,  shall
      be made or entered into by any administrative unit, officer or employee,
      unless  an amount has been appropriated and is available therefor or has
      been authorized to be borrowed pursuant to the  local  finance  law.  No
      fund  or appropriation account shall be overdrawn at any time; nor shall
      one fund or appropriation  account  be  drawn  upon  to  pay  any  claim
      chargeable  to  another.  Nothing  in this subdivision shall prevent the
      making of a contract or  lease  for  a  term  exceeding  one  year  when
      authorized  by  law;  nor  shall  anything in this subdivision require a
      county which has entered into a contract or lease for a  term  exceeding
      one  year  to pay during the current fiscal year any amounts larger than
      those which become due and owing during that year  under  the  terms  of
      such lease or contract.
        4.  Whenever  during  a  fiscal  year  it shall appear probable to the
      budget  officer  that  the  moneys  available  for  such  year  will  be
      insufficient to meet the amounts appropriated, he shall forthwith notify
      the  board  of  supervisors of this fact, stating the probable amount of
      such  deficiency  in  funds.  The  budget  officer   may   include   his
      recommendations  as  to  the  action which should be taken. The board of
      supervisors after such investigation as is deemed necessary  may  reduce
      any  appropriation  or appropriations by resolution so as to prevent the
      making of expenditures in excess of moneys available.   Nothing in  this
      subdivision  shall  permit  the  reduction of an appropriation below the
      minimum amount required  by  law  to  be  appropriated,  nor  shall  any
      appropriation  be reduced by more than the unencumbered balance therein.
      This subdivision shall not apply to counties adopting the provisions  of
      section three hundred seventy-five.