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CHAPTER X

OF THE GENERAL LAWS.

[CHAP. 413 OF 1897.]

THE STATE FINANCE LAW.

ARTICLE I. General fiscal provisions (§§ 1-38).

II. The general fund (§§ 50-51).

III. Canal fund and canal debt sinking fund (§§ 60-65).
IV. Education funds (§§ 80-96).

V. Miscellaneous funds (§§ 100-102).

VI. Laws repealed; when to take effect (§§ 100-111).

ARTICLE I.

GENERAL FISCAL PROVISIONS.

SECTION 1. Short title.

2. Fiscal year.

3. Duties of treasurer.

4. Duties of comptroller.

5. Treasurer's checks and accounts.

6. Custody of state securities.

7. Examination of state securities.

8. Deposit in banks.

9. Monthly statement of balance in state depositories.

10. Deposit of moneys by state officers.

11. Deposit of money by charitable and benevolent institution

12. Proofs required on audit by the comptroller.

13. Regulations for the transmission of public moneys.

14. Temporary loans and revenue bonds.

15. New in place of lost certificates.

16. Forms of state accounts.

17. Itemized and quarterly accounts of public officers.

18. Inspection of supplies and entry in books.

19. Deposit in banks of moneys received by state institutions.

20. Annual inventory and report of institutions.

21. Rendition of accounts.

22. Statements of accounts not rendered.

23. Statements of accounts rendered.

24. Statements of joint accounts.

25. Other remedies preserved.

26. Foreclosures of mortgages by the state.
27. When comptroller shall bid in premises.

General Fiscal Provisions.

88 1-4

SECTION 28. Conditions of sale.

29. Sale in parcels.

30. Separate accounts for lands purchased or mortgaged.
31. Discharge of mortgages.

32. Surplus moneys on sale of lands mortgaged to the state.
83. Assignments of mortgages; releases from judgments.
34. Compromise of old judgments and debts.

35. Indebtedness not to be contracted without appropriation.
36. Specific appropriation not to be used for other purposes.
37. Monthly payments to state treasurer.

38. Contracts in pursuance of appropriations.

SECTION 1. Short title.—This chapter shall be known as the state finance law.

§ 2. Fiscal year. The fiscal year of all offices, asylums, hospitals, charitable and reformatory institutions in this state shall begin with the first day of October and end with the next following thirtieth day of September. All books and accounts in the offices of the comptroller and treasurer shall be kept by fiscal years. All annual accounts required to be rendered to the comptroller or treasurer by any person shall be closed on the thirtieth day of September in each year, and rendered as soon thereafter as practicable, if no time is specially prescribed by law.

§ 3. Duties of treasurer.—The treasurer shall receive all moneys paid into the treasury of the state, pay all warrants drawn by the comptroller on the treasury, make no payment out of the treasury except on the warrant of the comptroller, unless otherwise provided by law, and annually report to the legislature an exact statement of the balance in the treasury, at the close of the preceding fiscal year, with a summary of the receipts into and payments from the treasury during such year.

§ 4. Duties of comptroller.-The comptroller shall:

1. Superintend the fiscal concerns of the state.

2. Keep, audit and state all accounts in which the state is interested, and keep accurate and proper books, showing their conditions at all times.

3. Examine, audit and settle the accounts of all public officers and other persons indebted to the state, and certify the amount or balance due thereon.

4. Examine, audit and liquidate the claims of all persons against the state, if payment thereof out of the treasury is provided for by law.

5. Draw warrants on the treasury for the payment of the moneys

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directed by law to be paid out of the treasury, but no such warrant shall be drawn unless authorized by law, and every such warrant shall refer to the law under which it is drawn.

6. Make a report to the legislature at its annual session, containing a complete statement of the funds of the state, its resources, public expenditures during the preceding fiscal year, a detailed estimate of the expenditures to be defrayed from the treasury for the fiscal year beginning October first following, a statement of each object of expenditure, the funds, if any, from which it is to be defrayed, and of all claims against the state presented to him where no provision or an insufficient provision for the payment thereof has been made by law, with the facts relating thereto and his opinion thereon, and suggesting plans for the improvement and management of the public resources, and containing such other information and recommendations relating to the fiscal affairs of the state, as in his judgment should be communicated to the legislature.

7. Represent and vote for the state, either in person or by proxy at all meetings and on all occasions where the state is entitled to representation or vote as stockholder in a corporation or joint stock association.

§ 5. Treasurer's checks and accounts. The comptroller shall countersign and enter in the proper books of his department all checks drawn by the treasurer and all receipts for money paid to the treasurer. No such receipt shall be evidence of payment unless so countersigned. He shall keep an account between the state and the treasurer, and therein charge the treasurer with the balance in the treasury when he came into office, and with all moneys received by him, and credit him with all warrants drawn on and paid by him. He shall draw, in favor of the treasurer, on all corporations or companies in which the state may own stock, for the dividends on such stock as they become due. He shall procure from the books of the banks in which the treasurer makes his deposits, monthly statements of the moneys received and paid out of the same on account of the treasurer. On the first Tuesday of every month, or oftener if he deem it necessary, he shall carefully examine the accounts of the debts and credits in the bank books kept by the treasurer. If he discovers any irregularity or deficiency therein, he shall, unless rectified or explained to his satisfaction, forthwith report the same to the governor.

§ 6. Custody of state securities.-All leases, bonds, mort

General Fiscal Provisions.

§§ 7-9

gages, certificates of stock and other securities belonging to the state, and all papers relating to the duties of the comptroller, or of the commissioners of the canal fund, or of the canal board, all deeds to the state, abstracts of title, and state contracts, unless otherwise specially directed, shall be deposited in the office of the comptroller.

§ 7. Examination of state securities. The comptroller, from time to time, shall examine the securities on which money may be due to the state, and make inquiries relating to the sufficiency of the security for the payment of such money. He shall require the immediate payment of all interest due, and the payment of such part of the principal as he deems necessary for the security and interest of the state.

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§ 8. Deposit in banks. The state treasurer shall deposit and 1901 all moneys received by him on account of the state, except such as belong to the canal fund, within three days after receiving the same, in such banks, in the cities of Albany and New York, as in the opinion of the comptroller and treasurer are secure and pay the highest rate of interest to the state for such deposits. The moneys so deposited shall be placed to the account of the treasurer. He shall keep a bank-book, in which shall be entered his account of deposit in and moneys drawn from the banks in which deposits are made by him, which he shall exhibit to the comptroller for his inspection on the first Tuesday of every month, and oftener if required. The treasurer shall not draw any moneys from such banks unless by checks subscribed by him as treasurer and countersigned by the comptroller, unless otherwise provided by law. No moneys shall be paid by any such bank out of any such deposit except upon such checks. Every such bank shall transmit to the comptroller monthly statements of all moneys received and paid by it on account of the treasurer.

§ 9. Monthly statement of balances in state depositories. -The state treasurer shall cause to be published in the state paper, on or before the tenth day of each month, a detailed statement of the balances in the several banks designated by any state officer or board as a depository of state funds. Such statement shall contain the name of each bank and the amount subject to draft at the close of the month preceding such publication. All officers, departments, commissions or boards receiving fees or penalties shall certify to the comptroller, on or before the tenth day of January, April, July and October in each year, the

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amount of moneys on their hands or on deposit at the close of the quarter preceding, in the banks designated to receive such deposits, and shall pay over such amount at once to the treasurer of the state.

§ 10. Deposit of moneys by state officers.-Every state officer or other person, except the state treasurer, receiving or disbursing moneys belonging to the state, shall deposit and keep all the moneys received by him, deposited to his official credit in some responsible bank or banking house, to be designated by the comptroller, until such moneys are paid out or disbursed according to law. Every such bank or banking house, when required by the comptroller, shall execute and file in his office an undertaking to the state in such sum and with such sureties as are required and approved by him, for the safekeeping and prompt payment on legal demand therefor of all such moneys held by or on deposit in such bank or banking house, with interest thereon, on daily or monthly balances at such rate as the comptroller may fix. Every such undertaking shall have indorsed thereon, or annexed thereto, the approval of the attorney-general as to its form.

§ 11. Deposits of moneys by charitable and benevolent institutions. All moneys received from the state by any charitable or benevolent institution, supported wholly or partly by moneys received from the state, shall be deposited in such national or state bank or trust company as the comptroller may designate. Every such bank or trust company shall give an undertaking, as provided in the last section. The treasurer of such institution shall keep all the funds thereof which come into his possession from the state, deposited in his name as such. treasurer in such bank or trust company.

12. Proofs required on audit by the comptroller.-The comptroller shall not draw his warrant for the payment of any sum appropriated, except for salaries and other expenditures and appropriations, the amounts of which are duly established and fixed by law, until the person demanding the same presents to him a detailed statement thereof in items and makes all reports required of him by law. If such statement is for services rendered or articles furnished, it must show when, where, to whom and under what authority they were rendered or furnished. If for traveling expenses, the distance traveled, between what places, the duty or business for the performance of which the expenses

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