(b) Notwithstanding any inconsistent provision of the court of claims
act, where, and to the extent that, an agreement between the state and
an employee organization entered into pursuant to article fourteen of
the civil service law on behalf of officers and employees serving in
positions in the professional, scientific and technical services unit so
provides, examine, audit and certify for payment any claim submitted and
approved by the head of a state department or agency for personal
property of an officer or employee damaged or destroyed in the actual
performance of official duties without fault or negligence of the
officer or employee other than a claim specified and covered by
subdivision twelve or twelve-d of this section after March thirty-first,
two thousand sixteen and prior to April first, two thousand nineteen.
Payment of such claim shall not exceed the sum of three hundred fifty
dollars. Where an agreement between the state and such employee
organization entered into pursuant to article fourteen of the civil
service law provides for payment to be made to officers and employees by
a state department or agency, such payments for claims not in excess of
the amount specified in subdivision three of section one hundred fifteen
of this chapter may be made from a petty cash account established
pursuant to section one hundred fifteen of this chapter and in the
manner prescribed therein and pursuant to regulations of the
comptroller. No person submitting a claim under this subdivision shall
have any claim for damages to such personal property approved pursuant
to the provisions of subdivision four of section five hundred thirty of
the labor law or any other applicable provision of law.
12-f. Notwithstanding any inconsistent provision of the court of
claims act, examine, audit and certify for payment of any claim
submitted and approved by the head of the state department or agency for
personal property of an officer or employee, whose position is
designated managerial or confidential pursuant to article fourteen of
the civil service law, and of civilian state employees of the division
of military and naval affairs in the executive department whose
positions are not in, or are excluded from representation rights in, any
recognized or certified negotiating unit, and of officers and employees
excluded from representation rights under article fourteen of the civil
service law pursuant to rules and regulations of the public employment
relations board, damaged or destroyed in the actual performance of
official duties without fault or negligence of the officer or employee
other than a claim specified and covered by subdivision twelve or
twelve-d of this section after March thirty-first, nineteen hundred
eighty-eight. Payment of such claim shall not exceed the sum of three
hundred fifty dollars. Such payments for claims not in excess of
seventy-five dollars may be made from a petty cash account established
pursuant to section one hundred fifteen of this chapter and in the
manner prescribed therein and pursuant to regulations of the
comptroller. No person submitting a claim under this subdivision shall
have any claim for damages to such personal property approved pursuant
to the provision of subdivision four of section five hundred thirty of
the labor law or any other applicable provision of law.
12-g. Notwithstanding any other provision of the court of claims act
or any other law to the contrary, thirty days before the comptroller
issues a check for payment to an incarcerated individual serving a
sentence of imprisonment with the department of corrections and
community supervision or to a prisoner confined at a local correctional
facility for any reason, including a payment made in satisfaction of any
damage award in connection with any lawsuit brought by or on behalf of
such incarcerated individual or prisoner against the state or any of its
employees in federal court or any other court, the comptroller shall
give written notice, if required pursuant to subdivision two of section
six hundred thirty-two-a of the executive law, to the office of victim
services that such payment shall be made thirty days after the date of
such notice.
13. In any instance in which the claim of a person under the age of
eighteen years has been examined, audited, and certified for payment by
the comptroller pursuant to subdivisions twelve-a or twelve-b of this
section, an application for approval of such payment shall be made to
the court of claims or a judge thereof. The procedure to be followed
upon such application shall be the same as provided for in the civil
practice law and rules, for the settlement or compromise of a claim or
cause of action of a person under the age of eighteen years.
14. Make, amend and repeal rules and regulations as he may deem
necessary in the performance of the duties imposed upon him by law.
15. Except where provisions for refund are otherwise specifically
provided in any other law, general or special, upon the certification of
the head of any state department or agency, and after audit and approval
by him, refund within three years from the date of payment, any fee or
portion of a fee or other moneys paid pursuant to any of the statutes of
the state of New York, in any case in which:
a. The license, permit or certificate applied for is not issued, or
does not take effert or
b. the filing or certification requested is not made, or
c. the service requested is not rendered, or
d. the payment made is in excess of the amount prescribed by statute,
or
e. the licensee has entered the active armed services of the United
States in which event the refund shall be such proportion of the license
fee paid as the number of full months remaining unexpired of the license
period bears to the total number of months in such period.
Such refund shall be paid from moneys appropriated for such purpose or
from revenues in the custody of said department or agency, derived from
fees collected by said department or agency.
16. Notwithstanding any inconsistent provision of law, no change shall
be made in the rate or eligibility standards for state employees'
travel, meals, lodging, and other expenses for which the state makes
payment (either in advance or by reimbursement), without the approval of
the director of employee relations.
18. Prepare and publish, no later than January fifteenth in each year,
a listing by department, board, commission, division or state agency of
all audits made during the previous year with a brief description of the
results thereof, together with a listing of all such audits made during
the preceding five years without a description. A copy thereof shall be
filed with the senate finance committee and the assembly ways and means
committee and copies shall be available to any state agency upon
request.
19. Notwithstanding any inconsistent provision of law, maintain
detailed records of all activity commonly known as "journal transfers"
relating to any fund or account of the state for which he or she has the
duty pursuant to law to audit and maintain accountability, including any
supporting documentation relating thereto.
20. On or before April fifteenth of each year, submit an annual report
of such activity pursuant to subdivision nineteen of this section to the
temporary president of the senate and to the speaker of the assembly.
Structure New York Laws
Article 2 - General Fiscal Provisions
4 - Payments, Transfers and Deposits.
4-A - Electronic Value Transfer Program.
7 - Duties of Department of Taxation and Finance.
8 - Duties of the Comptroller.
8-A - Deviations From Generally Accepted Accounting Principles.
8-B - Additional Duties of the Comptroller.
8-C - Enterprise Fraud Prevention and Detection System.
10 - Compromise of Old Judgments and Debts.
11 - Gifts, Devises and Bequests.
12 - Annual Reports to Legislature by Institutions Entitled to Receive Money From State.
14-A - Tax Audit Reporting System.
14-B - Capital Projects and Maintenance Statements.
15 - Fees to Be Charged for Certain Documents.
16 - Rate of Interest on Judgments and Accrued Claims Against the State.
17 - Reports on Financed Equipment Acquisitions.
18 - Interest and Collection Fees Assessed on Debts Owed to the State.
19-A - Parking Facilities; Support for Electric Vehicle Charging Stations.