N.Y. State Finance Law § 179-h: Determination of appropriations against which interest payments are to be charged

§ 179-h. Determination of appropriations against which interest

payments are to be charged. 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.