Section 179-H. Determination of appropriations against which interest payments are to be charged  


Latest version.
  • Except in situations when federal law or the
      provisions of section one hundred seventy-nine-o of this article require
      otherwise, an interest payment required by this article  shall  be  paid
      from  the  same  appropriation  as  that  from  which the related proper
      invoice is paid; provided, however, (1) that the interest payment  shall
      not  reduce  the  amount  of money that otherwise will be payable to the
      contractor under the terms of the relevant contract and (2) that if  the
      obligation  to  make an interest payment is incurred in whole or in part
      because it takes the department of audit and  control  more  than  eight
      calendar  days,  excluding  legal holidays, from the date it receives an
      approvable voucher from another  state  agency  to  process  a  contract
      payment,  then  the  portion  of  the  total  interest  payment  that is
      attributable to delays by the department of audit and control  shall  be
      paid  from  funds made available to the department of audit and control.
      Notwithstanding any other provision of  law  to  the  contrary,  if  the
      amount  of  money  available  from  any  such appropriation to the state
      agency which received the proper invoice  is  insufficient  to  pay  the
      interest  and  if  for any reason it is not feasible for the director of
      the budget to exercise the transfer or interchange authority established
      by section fifty-one or ninety-three of this chapter,  the  director  of
      the  budget  may  issue  a  certificate  or certificates transferring or
      interchanging within a fund such amount as is needed to pay the interest
      to said appropriation within such fund from the unspent balance  of  any
      appropriation  that is available to the same state agency. In exercising
      the latter transfer or interchange authority, the director of the budget
      shall transfer or interchange amounts that are not needed to  accomplish
      the  purposes for which the appropriation was made, except, however, the
      director of the budget may, to  the  extent  he  deems  it  practicable,
      transfer or interchange amounts from appropriations that otherwise would
      be  available  for the administration and operations of the state agency
      which  incurred  the  interest  payment.   Any   such   certificate   or
      certificates  issued  by the director of the budget shall be sent to the
      state comptroller and copies shall be filed with  the  chairman  of  the
      senate finance committee and the chairman of the assembly ways and means
      committee.