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This entry was published on 2014-09-22
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SECTION 99-D*2
Community projects fund
State Finance (STF) CHAPTER 56, ARTICLE 6
* § 99-d. Community projects fund. 1. There is hereby established in
the joint custody of the comptroller and the commissioner of taxation
and finance a special fund to be known as the community projects fund.
This fund may have separate accounts designated pursuant to a specific
appropriation to such account or pursuant to a written suballocation
plan approved in a memorandum of understanding executed by the director
of the budget, the secretary of the senate finance committee and the
secretary of the assembly ways and means committee. Such suballocation
shall be submitted to the comptroller.

2. Such fund shall consist of monies transferred to such fund from the
general fund/state purposes account, or any other monies required to be
transferred or deposited, pursuant to law. Monies may not be transferred
or loaned between the accounts of this fund, unless specifically
provided (a) by law, or (b) by letter signed by the director of the
budget, but only upon the joint request of the secretary of the senate
finance committee and the secretary of the assembly ways and means
committee.

3. (a) As required to make timely payments from such accounts upon
presentment of proper vouchers therefor, the state comptroller shall
make transfers to any account in this fund up to the amounts annually
specified for transfer to such account and in compliance with
subdivision two of this section, but only from such fund or funds
authorized to provide such transfers.

(b) By the close of each fiscal year, all remaining amounts not yet
transferred shall be transferred to the designated accounts for which
such transfers were authorized, up to the total amounts specified for
transfer to each account in each fiscal year, pursuant to law and in
compliance with subdivision two of this section.

4. Notwithstanding section forty of this chapter or any other
provision of law, appropriations of this fund shall be available for
liabilities incurred during and after the close of the fiscal year for
which such appropriations are enacted, provided however that such
appropriations shall lapse on the fifteenth day of September following
the close of the fiscal year, and no monies shall thereafter be paid out
of the state treasury or any of its funds or the funds under its
management pursuant to such appropriations.

5. The director of the budget shall issue a certificate of approval
for any appropriation in any account of this fund no later than the
later of sixty days after the enactment of such appropriation or five
days after the execution of a written suballocation plan pursuant to the
provisions of subdivision one of this section. Such approval shall
satisfy any other requirement for a certificate of approval.

6. (a) The state shall not be liable for payments pursuant to any
contract, grant or agreement made pursuant to an appropriation in any
account of this fund if insufficient monies are available for transfer
to such account of this fund, after required transfers pursuant to
subdivision three of this section. Except with respect to contracts,
grants, or agreements executed by any state officer, employee,
department, institution, commission, board, or other agency of the state
prior to the effective date of this section, any contract, grant or
agreement made pursuant to an appropriation in this fund shall
incorporate this provision as a term of such contract, grant or
agreement.

(b) The exhaustion of funds available for such transfers shall not
preclude the approval of contracts hereunder pursuant to section one
hundred twelve of this chapter. Notwithstanding any other provision of
law, interest shall not be due to any recipient for any late payments
made from this fund which result from insufficient monies being
available in an account of this fund.

7. Monies shall be paid out of such accounts on the audit and warrant
of the state comptroller on vouchers certified or approved by the head
of the appropriate agency.

* NB There are 2 § 99-d's