§ 179-h. Determination of appropriations against which interest
payments are to be charged. Except in situations when federal law or the
provisions of section one hundred seventy-nine-o of this article require
otherwise, an interest payment required by this article shall be paid
from the same appropriation as that from which the related proper
invoice is paid; provided, however, (1) that the interest payment shall
not reduce the amount of money that otherwise will be payable to the
contractor under the terms of the relevant contract and (2) that if the
obligation to make an interest payment is incurred in whole or in part
because it takes the department of audit and control more than eight
calendar days, excluding legal holidays, from the date it receives an
approvable voucher from another state agency to process a contract
payment, then the portion of the total interest payment that is
attributable to delays by the department of audit and control shall be
paid from funds made available to the department of audit and control.
Notwithstanding any other provision of law to the contrary, if the
amount of money available from any such appropriation to the state
agency which received the proper invoice is insufficient to pay the
interest and if for any reason it is not feasible for the director of
the budget to exercise the transfer or interchange authority established
by section fifty-one or ninety-three of this chapter, the director of
the budget may issue a certificate or certificates transferring or
interchanging within a fund such amount as is needed to pay the interest
to said appropriation within such fund from the unspent balance of any
appropriation that is available to the same state agency. In exercising
the latter transfer or interchange authority, the director of the budget
shall transfer or interchange amounts that are not needed to accomplish
the purposes for which the appropriation was made, except, however, the
director of the budget may, to the extent he deems it practicable,
transfer or interchange amounts from appropriations that otherwise would
be available for the administration and operations of the state agency
which incurred the interest payment. Any such certificate or
certificates issued by the director of the budget shall be sent to the
state comptroller and copies shall be filed with the chairman of the
senate finance committee and the chairman of the assembly ways and means
committee.