S T A T E O F N E W Y O R K
________________________________________________________________________
1074
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. DESTITO -- read once and referred to the Commit-
tee on Ways and Means
AN ACT to amend the state finance law, in relation to interest payments
on moneys payable to local governments by the state
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 179-p of the state finance law, as added by chapter
153 of the laws of 1984, is amended to read as follows:
S 179-p. [Inapplicability] APPLICABILITY of the provisions. 1. The
provisions of this article shall not apply to payments due and owing by
the state:
[1.] A. under the eminent domain procedure law;
[2.] B. as interest allowed on judgments rendered by a court pursuant
to any provision of law other than those provisions contained in this
article;
[3.] C. to the federal government; to any state agency or its related
instrumentalities; [to any duly constituted unit of local government
including, but not limited to, counties, cities, towns, villages, school
districts, special districts, or any of their related instrumentali-
ties;] to any public authority or public benefit corporation; or to
employees of state agencies when acting in, or incidental to, their
public employment capacity;
[4.] D. to contractors of third party payment agreements including,
but not limited to, the fiscal agent or fiscal intermediary designated
pursuant to section three hundred sixty-seven-b of the social services
law;
[5.] E. to entities which receive state funds through any intermediary
organization other than a state agency; or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03560-01-9
A. 1074 2
[6.] F. in situations where the comptroller exercises a legally
authorized set-off against all or part of the payment due the contrac-
tor.
2. THE PROVISIONS OF THIS ARTICLE SHALL APPLY TO ALL PAYMENTS DUE AND
OWING BY THE STATE TO ANY DULY CONSTITUTED UNIT OF LOCAL GOVERNMENT
INCLUDING, BUT NOT LIMITED TO, COUNTIES, CITIES, TOWNS, VILLAGES, SCHOOL
DISTRICTS, SPECIAL DISTRICTS AND THEIR RELATED INSTRUMENTALITIES UPON
THE AUDIT OF VOUCHERS CERTIFIED BY THE CHIEF FISCAL OFFICER FOR THE UNIT
OF LOCAL GOVERNMENT DEMANDING SUCH PAYMENT.
S 2. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law.