§ 179-H — Determination of appropriations against which interest payments are to be charged

§ 179-h. Determination of appropriations against which interest\npayments are to be charged. Except in situations when federal law or the\nprovisions of section one hundred seventy-nine-o of this article require\notherwise, an interest payment required by this article shall be paid\nfrom the same appropriation as that from which the related proper\ninvoice is paid; provided, however, (1) that the interest payment shall\nnot reduce the amount of money that otherwise will be payable to the\ncontractor under the terms of the relevant contract and (2) that if the\nobligation to make an interest payment is incurred in whole or in part\nbecause it takes the department of audit and control more than eight\ncalendar days, excluding legal holidays, from the date it receives an\napprovable voucher from another state agency to process a contract\npayment, then the portion of the total interest payment that is\nattributable to delays by the department of audit and control shall be\npaid from funds made available to the department of audit and control.\nNotwithstanding any other provision of law to the contrary, if the\namount of money available from any such appropriation to the state\nagency which received the proper invoice is insufficient to pay the\ninterest and if for any reason it is not feasible for the director of\nthe budget to exercise the transfer or interchange authority established\nby section fifty-one or ninety-three of this chapter, the director of\nthe budget may issue a certificate or certificates transferring or\ninterchanging within a fund such amount as is needed to pay the interest\nto said appropriation within such fund from the unspent balance of any\nappropriation that is available to the same state agency. In exercising\nthe latter transfer or interchange authority, the director of the budget\nshall transfer or interchange amounts that are not needed to accomplish\nthe purposes for which the appropriation was made, except, however, the\ndirector of the budget may, to the extent he deems it practicable,\ntransfer or interchange amounts from appropriations that otherwise would\nbe available for the administration and operations of the state agency\nwhich incurred the interest payment. Any such certificate or\ncertificates issued by the director of the budget shall be sent to the\nstate comptroller and copies shall be filed with the chairman of the\nsenate finance committee and the chairman of the assembly ways and means\ncommittee.\n