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This entry was published on 2014-09-22
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SECTION 121
Payments to state treasurer; financial statements
State Finance (STF) CHAPTER 56, ARTICLE 7
§ 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 traffic
law 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.