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.