State Codes and Statutes

Statutes > New-york > Stf > Article-7 > 121

§   121.   Payments  to  state  treasurer;  financial  statements.  1.  Notwithstanding any other provision of law to the contrary, every  state  officer,  employee,  department, institution, commission, board or other  agency of the state receiving money for or on behalf of the  state  from  fees,  penalties,  forfeitures,  costs,  fines, refunds, reimbursements,  sales of property or otherwise, shall on the first day of each month pay  into the state treasury all such moneys received from the first  through  the  fifteenth  day  of  the preceding month and on the fifteenth day of  each month pay into the state treasury all such moneys received from the  sixteenth day through the last day of the preceding month accompanied by  a detailed, certified statement thereof and on  the  same  days  file  a  duplicate  of  such  detailed, certified statement with the comptroller,  who shall keep an account of such  moneys  in  his  office,  unless  the  comptroller  shall  require,  with  respect to any one or more officers,  employees, departments,  institutions,  commissions,  boards,  or  other  agencies  of  the  state,  that such payments and statements be made and  filed at more frequent  intervals,  in  which  case  such  payments  and  statements shall be made and filed as required by the comptroller.    2.  There  are  excepted  from  payment to the treasury as provided by  subdivision one of this section: (i) all moneys to which the  provisions  of  subdivision  four  of section four of this chapter apply unless such  moneys are held in a fund subject to appropriation; (ii) moneys held  as  part  of  the  principal  of an endowment of the state university of New  York, units thereof and other state agencies; and (iii) moneys  received  pursuant to a clinical practice plan established pursuant to subdivision  fourteen  of  section two hundred six of the public health law. In those  cases where such moneys are held in the custody  of  the  state  officer  other than the comptroller, the officer shall file with the comptroller,  at  such times as the comptroller shall determine, a detailed statement,  in such form and content as the comptroller  shall  prescribe,  for  the  period  covered  by  the  statement.  The comptroller shall from time to  time, but not less than once in every three years, examine the books and  accounts relating to such moneys heretofore or hereinafter  established,  including  its  receipts,  disbursements, investments, and any financial  matters. An independent audit of such moneys may be  authorized  by  the  comptroller  in  lieu of his own examination, which examination shall be  undertaken within twelve months of such authorization.    3. The clerk of every court of record, the judge, magistrate or  other  judicial  officer  of  every  court  not  of  record or court of special  sessions, except the justice of the  peace  of  a  town  or  the  police  justice of a village, receiving money for or on behalf of the state from  fines,  penalties,  forfeitures  or otherwise, to which the state or any  officer, department,  commission,  board  or  other  agency  thereof  is  entitled  to  all  or any part of the proceeds, shall, between the first  and fifteenth days of each month, file with the comptroller  a  detailed  statement  of  the  receipts  and expenditures thereof for the preceding  month, or at such  other  times  and  for  such  other  periods  as  the  comptroller may designate or prescribe.    3-a. On or before the twentieth day of October in each year commencing  with the twentieth of October, two thousand three, the comptroller shall  determine  the difference between: (a) the aggregate receipts derived by  the state from  mandatory  surcharges  collected  by  an  administrative  tribunal or a town or village justice court pursuant to section eighteen  hundred  nine  of  the vehicle and traffic law during the preceding year  ending September thirtieth, and (b) the aggregate  receipts  derived  by  the  state  from such mandatory surcharge collected by an administrative  tribunal or a town or a village justice court  in  accordance  with  the  provisions  of  section eighteen hundred nine of the vehicle and trafficlaw in effect immediately prior  to  April  first,  two  thousand  three  during  the  preceding  year ending September thirtieth. Such difference  shall be thereupon transferred by the comptroller to the credit  of  the  indigent  legal  services  fund established by section ninety-eight-b of  this chapter.    4. This section, as amended, shall be deemed to  supersede  any  other  provision  of  this  chapter  or  of  any  other  general or special law  inconsistent therewith.    5. Notwithstanding any other provision of law to the contrary,  before  depositing  any  revenues  subject  to this section in the treasury, all  state agencies  shall  reserve  from  such  revenues  an  amount  to  be  determined  by  the  comptroller  which shall be used for the payment of  refunds. The money so reserved shall be  paid  to  the  comptroller  who  shall  deposit  such  money  daily  to  his credit in accounts with such  responsible  banks,  banking  houses  or  trust  companies  as  he   may  designate.  Such  accounts  may  be  established  in one or more of such  depositories. The comptroller shall require adequate security  from  all  such  depositories.  The  comptroller shall maintain a system of account  showing the money deposited in each of the  accounts  established  under  this  subdivision.  Refunds  shall be paid from moneys in these accounts  pursuant to the provisions of subdivision fifteen of  section  eight  of  this chapter.    6.  Notwithstanding  any  other  provision of law to the contrary, 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 exempt from the provisions of this  section.    7.  Notwithstanding any other provision of law to the contrary, moneys  received in the universal prekindergarten reserve  fund  established  by  section  ninety-seven-vvv  of  this  chapter  shall  be  exempt from the  provisions of this section.

State Codes and Statutes

Statutes > New-york > Stf > Article-7 > 121

§   121.   Payments  to  state  treasurer;  financial  statements.  1.  Notwithstanding any other provision of law to the contrary, every  state  officer,  employee,  department, institution, commission, board or other  agency of the state receiving money for or on behalf of the  state  from  fees,  penalties,  forfeitures,  costs,  fines, refunds, reimbursements,  sales of property or otherwise, shall on the first day of each month pay  into the state treasury all such moneys received from the first  through  the  fifteenth  day  of  the preceding month and on the fifteenth day of  each month pay into the state treasury all such moneys received from the  sixteenth day through the last day of the preceding month accompanied by  a detailed, certified statement thereof and on  the  same  days  file  a  duplicate  of  such  detailed, certified statement with the comptroller,  who shall keep an account of such  moneys  in  his  office,  unless  the  comptroller  shall  require,  with  respect to any one or more officers,  employees, departments,  institutions,  commissions,  boards,  or  other  agencies  of  the  state,  that such payments and statements be made and  filed at more frequent  intervals,  in  which  case  such  payments  and  statements shall be made and filed as required by the comptroller.    2.  There  are  excepted  from  payment to the treasury as provided by  subdivision one of this section: (i) all moneys to which the  provisions  of  subdivision  four  of section four of this chapter apply unless such  moneys are held in a fund subject to appropriation; (ii) moneys held  as  part  of  the  principal  of an endowment of the state university of New  York, units thereof and other state agencies; and (iii) moneys  received  pursuant to a clinical practice plan established pursuant to subdivision  fourteen  of  section two hundred six of the public health law. In those  cases where such moneys are held in the custody  of  the  state  officer  other than the comptroller, the officer shall file with the comptroller,  at  such times as the comptroller shall determine, a detailed statement,  in such form and content as the comptroller  shall  prescribe,  for  the  period  covered  by  the  statement.  The comptroller shall from time to  time, but not less than once in every three years, examine the books and  accounts relating to such moneys heretofore or hereinafter  established,  including  its  receipts,  disbursements, investments, and any financial  matters. An independent audit of such moneys may be  authorized  by  the  comptroller  in  lieu of his own examination, which examination shall be  undertaken within twelve months of such authorization.    3. The clerk of every court of record, the judge, magistrate or  other  judicial  officer  of  every  court  not  of  record or court of special  sessions, except the justice of the  peace  of  a  town  or  the  police  justice of a village, receiving money for or on behalf of the state from  fines,  penalties,  forfeitures  or otherwise, to which the state or any  officer, department,  commission,  board  or  other  agency  thereof  is  entitled  to  all  or any part of the proceeds, shall, between the first  and fifteenth days of each month, file with the comptroller  a  detailed  statement  of  the  receipts  and expenditures thereof for the preceding  month, or at such  other  times  and  for  such  other  periods  as  the  comptroller may designate or prescribe.    3-a. On or before the twentieth day of October in each year commencing  with the twentieth of October, two thousand three, the comptroller shall  determine  the difference between: (a) the aggregate receipts derived by  the state from  mandatory  surcharges  collected  by  an  administrative  tribunal or a town or village justice court pursuant to section eighteen  hundred  nine  of  the vehicle and traffic law during the preceding year  ending September thirtieth, and (b) the aggregate  receipts  derived  by  the  state  from such mandatory surcharge collected by an administrative  tribunal or a town or a village justice court  in  accordance  with  the  provisions  of  section eighteen hundred nine of the vehicle and trafficlaw in effect immediately prior  to  April  first,  two  thousand  three  during  the  preceding  year ending September thirtieth. Such difference  shall be thereupon transferred by the comptroller to the credit  of  the  indigent  legal  services  fund established by section ninety-eight-b of  this chapter.    4. This section, as amended, shall be deemed to  supersede  any  other  provision  of  this  chapter  or  of  any  other  general or special law  inconsistent therewith.    5. Notwithstanding any other provision of law to the contrary,  before  depositing  any  revenues  subject  to this section in the treasury, all  state agencies  shall  reserve  from  such  revenues  an  amount  to  be  determined  by  the  comptroller  which shall be used for the payment of  refunds. The money so reserved shall be  paid  to  the  comptroller  who  shall  deposit  such  money  daily  to  his credit in accounts with such  responsible  banks,  banking  houses  or  trust  companies  as  he   may  designate.  Such  accounts  may  be  established  in one or more of such  depositories. The comptroller shall require adequate security  from  all  such  depositories.  The  comptroller shall maintain a system of account  showing the money deposited in each of the  accounts  established  under  this  subdivision.  Refunds  shall be paid from moneys in these accounts  pursuant to the provisions of subdivision fifteen of  section  eight  of  this chapter.    6.  Notwithstanding  any  other  provision of law to the contrary, 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 exempt from the provisions of this  section.    7.  Notwithstanding any other provision of law to the contrary, moneys  received in the universal prekindergarten reserve  fund  established  by  section  ninety-seven-vvv  of  this  chapter  shall  be  exempt from the  provisions of this section.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Stf > Article-7 > 121

§   121.   Payments  to  state  treasurer;  financial  statements.  1.  Notwithstanding any other provision of law to the contrary, every  state  officer,  employee,  department, institution, commission, board or other  agency of the state receiving money for or on behalf of the  state  from  fees,  penalties,  forfeitures,  costs,  fines, refunds, reimbursements,  sales of property or otherwise, shall on the first day of each month pay  into the state treasury all such moneys received from the first  through  the  fifteenth  day  of  the preceding month and on the fifteenth day of  each month pay into the state treasury all such moneys received from the  sixteenth day through the last day of the preceding month accompanied by  a detailed, certified statement thereof and on  the  same  days  file  a  duplicate  of  such  detailed, certified statement with the comptroller,  who shall keep an account of such  moneys  in  his  office,  unless  the  comptroller  shall  require,  with  respect to any one or more officers,  employees, departments,  institutions,  commissions,  boards,  or  other  agencies  of  the  state,  that such payments and statements be made and  filed at more frequent  intervals,  in  which  case  such  payments  and  statements shall be made and filed as required by the comptroller.    2.  There  are  excepted  from  payment to the treasury as provided by  subdivision one of this section: (i) all moneys to which the  provisions  of  subdivision  four  of section four of this chapter apply unless such  moneys are held in a fund subject to appropriation; (ii) moneys held  as  part  of  the  principal  of an endowment of the state university of New  York, units thereof and other state agencies; and (iii) moneys  received  pursuant to a clinical practice plan established pursuant to subdivision  fourteen  of  section two hundred six of the public health law. In those  cases where such moneys are held in the custody  of  the  state  officer  other than the comptroller, the officer shall file with the comptroller,  at  such times as the comptroller shall determine, a detailed statement,  in such form and content as the comptroller  shall  prescribe,  for  the  period  covered  by  the  statement.  The comptroller shall from time to  time, but not less than once in every three years, examine the books and  accounts relating to such moneys heretofore or hereinafter  established,  including  its  receipts,  disbursements, investments, and any financial  matters. An independent audit of such moneys may be  authorized  by  the  comptroller  in  lieu of his own examination, which examination shall be  undertaken within twelve months of such authorization.    3. The clerk of every court of record, the judge, magistrate or  other  judicial  officer  of  every  court  not  of  record or court of special  sessions, except the justice of the  peace  of  a  town  or  the  police  justice of a village, receiving money for or on behalf of the state from  fines,  penalties,  forfeitures  or otherwise, to which the state or any  officer, department,  commission,  board  or  other  agency  thereof  is  entitled  to  all  or any part of the proceeds, shall, between the first  and fifteenth days of each month, file with the comptroller  a  detailed  statement  of  the  receipts  and expenditures thereof for the preceding  month, or at such  other  times  and  for  such  other  periods  as  the  comptroller may designate or prescribe.    3-a. On or before the twentieth day of October in each year commencing  with the twentieth of October, two thousand three, the comptroller shall  determine  the difference between: (a) the aggregate receipts derived by  the state from  mandatory  surcharges  collected  by  an  administrative  tribunal or a town or village justice court pursuant to section eighteen  hundred  nine  of  the vehicle and traffic law during the preceding year  ending September thirtieth, and (b) the aggregate  receipts  derived  by  the  state  from such mandatory surcharge collected by an administrative  tribunal or a town or a village justice court  in  accordance  with  the  provisions  of  section eighteen hundred nine of the vehicle and trafficlaw in effect immediately prior  to  April  first,  two  thousand  three  during  the  preceding  year ending September thirtieth. Such difference  shall be thereupon transferred by the comptroller to the credit  of  the  indigent  legal  services  fund established by section ninety-eight-b of  this chapter.    4. This section, as amended, shall be deemed to  supersede  any  other  provision  of  this  chapter  or  of  any  other  general or special law  inconsistent therewith.    5. Notwithstanding any other provision of law to the contrary,  before  depositing  any  revenues  subject  to this section in the treasury, all  state agencies  shall  reserve  from  such  revenues  an  amount  to  be  determined  by  the  comptroller  which shall be used for the payment of  refunds. The money so reserved shall be  paid  to  the  comptroller  who  shall  deposit  such  money  daily  to  his credit in accounts with such  responsible  banks,  banking  houses  or  trust  companies  as  he   may  designate.  Such  accounts  may  be  established  in one or more of such  depositories. The comptroller shall require adequate security  from  all  such  depositories.  The  comptroller shall maintain a system of account  showing the money deposited in each of the  accounts  established  under  this  subdivision.  Refunds  shall be paid from moneys in these accounts  pursuant to the provisions of subdivision fifteen of  section  eight  of  this chapter.    6.  Notwithstanding  any  other  provision of law to the contrary, 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 exempt from the provisions of this  section.    7.  Notwithstanding any other provision of law to the contrary, moneys  received in the universal prekindergarten reserve  fund  established  by  section  ninety-seven-vvv  of  this  chapter  shall  be  exempt from the  provisions of this section.