BILL NO A00855
SAME AS No same as
SPONSOR Galef (MS)
COSPNSR Paulin, Thiele, Meng, Kavanagh, Barron, Millman, Ortiz, Kellner,
Rosenthal, Brook-Krasny, Jaffee, Lupardo, Calhoun, Sayward, Burling,
Corwin, Raia, Giglio, Jordan, Tobacco, Castro, Castelli, Butler,
Linares
MLTSPNSR Amedore, Barclay, Conte, Crouch, Duprey, Finch, Goodell, Jeffries,
Kolb, Latimer, Lavine, Lopez P, Magee, McDonough, McKevitt,
Montesano, Murray, Oaks, Rabbitt, Saladino, Schimel, Tedisco
Add S54-b, amd S80, Leg L; amd S24, ren S99-d to be S99-t, add S99-u, St Fin L
Clarifies the appropriation and qualification of member items, authorizes the
legislative ethics commission to review violations of the qualification of
member items, and requires that all member items be fully itemized.
BILL NUMBER: A855
TITLE OF BILL : An act to amend the legislative law, in relation to
clarifying the appropriation and qualification of member items and
authorizes the legislative ethics commission to review violations of
the qualification of member items; and to amend the state finance law,
in relation to requiring that all member items be fully itemized
PURPOSE OR GENERAL IDEA OF BILL : To prevent conflicts of interest in
the distribution of member item funds, increase transparency of the
member item process, and ensure that member item funds are used
efficiently.
SUMMARY OF SPECIFIC PROVISIONS :
Amend Section 1 of the Legislative Law by adding section 54-b.
* Defines the term "member item"
* Provides that no member item shell be distributed when a conflict of
interest exists between the legislator or the governor designating the
member item and the potential recipient.
* Defines the term "conflict of interest."
* Requires each legislator or governor to sign a conflict of interest
form under perjury of law.
* Provides that each member of the assembly and senate shall receive
the same allocation as the other members in their respective house.
* Provides that any state agency providing funding for member items
evaluate the spending by the recipient to ensure that the money is
being used for its intended purpose.
* Establishes detailed criteria to be followed when distributing
member items.
* Requires recipients of a member item totaling $50,000 or more to
file a final report with the. New York State Attorney General
* Prior to submitting an application for a member item, potential
recipients must meet pre-clearance standards as established by-the
Attorney General.
* All member items shall be listed separate and apart from the entire
state budget.
JUSTIFICATION : Currently, the member item process is neither
equitable, open or efficient. This bill would add fairness,
transparency, and accountability to a broken system. Clearly, the
process is unfair; some legislators-receive large amounts of funding
for their districts, while others receive little or no funding. There
is no rational basis for this system. Furthermore, the current system
does not take adequate measures to ensure that member item funds are
used appropriately. This bill would go to great lengths to establish
'standards to ensure that member item funds are used effectively for
projects that have a public purpose. Finally, the bill would seek to
make the member item process more open by requiring publication of
important member item information at least 24 hours prior to the
approval of the State Budget.
We should hold ourselves, and our colleagues, accountable to the
residents of New York. Member items are paid for with taxpayer money.
The current member item system is full of waste and scandal. This
legislation would help fix the broken system. It is particularly
important now, with the state facing a fiscal crisis, that we insist
on integrity of the member item process.
PRIOR LEGISLATIVE HISTORY : A.10116-A and S.7007-A of 2009/2010
FISCAL IMPLICATIONS : To be determined.
EFFECTIVE DATE : Immediately
S T A T E O F N E W Y O R K
________________________________________________________________________
855
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. GALEF, PAULIN, THIELE, MENG, KAVANAGH, BARRON,
MILLMAN, ORTIZ, KELLNER, SPANO, ROSENTHAL, BROOK-KRASNY, JAFFEE,
LUPARDO, CALHOUN, SAYWARD, BURLING, CORWIN, RAIA, GIGLIO, JORDAN,
TOBACCO, CASTRO, CASTELLI, BUTLER -- Multi-Sponsored by -- M. of A.
AMEDORE, BARCLAY, CONTE, CROUCH, DUPREY, FINCH, HAYES, JEFFRIES, KOLB,
LATIMER, LAVINE, P. LOPEZ, MAGEE, MAYERSOHN, McDONOUGH, McKEVITT,
MOLINARO, MONTESANO, MURRAY, PHEFFER, RABBITT, SALADINO, SCHIMEL,
TEDISCO -- read once and referred to the Committee on Governmental
Operations
AN ACT to amend the legislative law, in relation to clarifying the
appropriation and qualification of member items and authorizes the
legislative ethics commission to review violations of the qualifica-
tion of member items; and to amend the state finance law, in relation
to requiring that all member items be fully itemized
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The legislative law is amended by adding a new section 54-b
2 to read as follows:
3 S 54-B. MEMBER ITEMS. 1. AS USED IN THIS SECTION, THE TERM "MEMBER
4 ITEM" SHALL MEAN A BUDGETARY ALLOCATION AS FUNDED BY THE LEGISLATIVE
5 COMMUNITY PROJECTS FUND AS DEFINED IN SECTION NINETY-NINE-T OF THE STATE
6 FINANCE LAW, AND THE EXECUTIVE COMMUNITY PROJECTS FUND AS DEFINED IN
7 SECTION NINETY-NINE-U OF THE STATE FINANCE LAW AT THE DISCRETION AND
8 REQUEST OF THE GOVERNOR OR A MEMBER OF THE LEGISLATURE FOR A CERTIFIED
9 TAX-EXEMPT NON-PROFIT ORGANIZATION UNDER SECTION 501(C)(3) OF THE INTER-
10 NAL REVENUE CODE IN NEW YORK STATE, A STATE AGENCY, A MUNICIPALITY OR
11 THEIR AFFILIATED DEPARTMENT, UNIVERSITY, COLLEGE, OR SCHOOL DISTRICT.
12 2. MEMBER ITEMS SHALL NOT BE APPROPRIATED WHEN A CONFLICT OF INTEREST
13 EXISTS BETWEEN THE LEGISLATOR OR GOVERNOR DESIGNATING THE MEMBER ITEM
14 AND THE POTENTIAL RECIPIENT. A MEMBER ITEM CANNOT FUND ORGANIZATIONS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00290-01-1
A. 855 2
1 THAT EMPLOY OR OTHERWISE COMPENSATE THE LEGISLATOR OR GOVERNOR, A MEMBER
2 OF THE LEGISLATOR'S OR GOVERNOR'S FAMILY, ANY PERSON SHARING THE HOME OF
3 THE LEGISLATOR OR GOVERNOR OR A MEMBER OF THE LEGISLATOR'S OR GOVERNOR'S
4 STAFF FOR SERVICES OR LABOR RENDERED. FURTHERMORE, LEGISLATORS AND THE
5 GOVERNOR SHALL NOT DESIGNATE MEMBER ITEMS IF THE LEGISLATOR OR GOVERNOR,
6 A MEMBER OF THE LEGISLATOR'S OR GOVERNOR'S FAMILY, ANY PERSON SHARING
7 THE HOME OF THE LEGISLATOR OR GOVERNOR OR A MEMBER OF THE LEGISLATOR'S
8 OR GOVERNOR'S STAFF IS INVOLVED WITH THE OPERATIONS OF THE ORGANIZATION
9 IN A DECISION-MAKING CAPACITY INCLUDING BUT NOT LIMITED TO WORKING ON AN
10 UNPAID, VOLUNTEER BASIS OR A MEMBER OF THE DIRECTING BOARD OF AN ORGAN-
11 IZATION.
12 3. PRIOR TO THE APPROPRIATION OF MEMBER ITEMS, THE LEGISLATURE SHALL:
13 (A) PROVIDE THAT EACH MEMBER OF THE SENATE AND EACH MEMBER OF THE
14 ASSEMBLY RECEIVE AN EQUAL SHARE OF THE DOLLAR AMOUNT OF MEMBER ITEMS
15 ALLOCATED TO THE RESPECTIVE LEGISLATIVE BODY;
16 (B) REQUIRE THE LEGISLATOR OR GOVERNOR REQUESTING SUCH MEMBER ITEM TO
17 SUBMIT A SIGNED CONFLICT OF INTEREST FORM ALONG WITH THE MEMBER ITEM
18 REQUEST FORM TO ENSURE THAT NO CONFLICT OF INTEREST EXISTS. THE LEGISLA-
19 TOR OR GOVERNOR SHALL DISCLOSE ON THE CONFLICT OF INTEREST FORM ALL
20 POLITICAL DONATIONS HE OR SHE IS RECEIVING OR HAS RECEIVED IN THE PAST
21 FROM THE INTENDED RECIPIENT OF THE MEMBER ITEM FUNDING. SUCH A CONFLICT
22 OF INTEREST FORM SHALL BE SIGNED BY THE LEGISLATOR OR GOVERNOR UNDER
23 PENALTY OF PERJURY, STATING THAT THE MEMBER ITEM IS NOT BEING DIRECTED
24 IN A MANNER DESCRIBED IN SUBDIVISION TWO OF THIS SECTION;
25 (C) PROVIDE THAT ANY STATE AGENCY THAT PROVIDES FUNDING FOR MEMBER
26 ITEMS EVALUATE THE SPENDING OF SUCH MEMBER ITEM FUNDS BY THE LOCAL
27 PROJECT, ORGANIZATION OR OTHER ENTITY RECEIVING SUCH FUNDS. THE STATE
28 AGENCY SHALL TRACK THE FUNDS TO ENSURE THAT THEY ARE BEING SPENT IN A
29 MANNER CONSISTENT WITH THE MEMBER ITEM APPLICATION;
30 (D) ENSURE THAT THE FOLLOWING CRITERIA ARE SATISFIED:
31 (1) GRANTS ARE TO BE DESIGNATED FOR PUBLIC PURPOSES. THE PROGRAM
32 FUNDED MUST BE OPEN AND AVAILABLE TO ALL INDIVIDUALS ON A NONSECTARIAN
33 BASIS;
34 (2) GRANTS ARE PROVIDED IN SUPPORT OF SERVICES AND ACTIVITIES THAT
35 HAVE STATEWIDE BENEFIT OR BENEFIT LOCAL COMMUNITIES;
36 (3) GRANTS ARE ONLY DESIGNATED FOR NOT-FOR-PROFIT ORGANIZATIONS, MUNI-
37 CIPALITIES OR THEIR AFFILIATED DEPARTMENTS/AGENCIES, UNIVERSITIES,
38 COLLEGES, OR SCHOOL DISTRICTS;
39 (4) GRANTS ARE AVAILABLE SOLELY FOR ACTIVITIES AND PROGRAMS CONDUCTED
40 WITHIN THE STATE OF NEW YORK;
41 (5) GRANTS ARE NOT TO BE REDISTRIBUTED UNLESS THE GRANT RECIPIENT IS
42 IDENTIFIED AND THE GRANT TO THE END RECIPIENT COMPLIES WITH THE CRITE-
43 RIA;
44 (6) GRANTS ARE TO BE USED ONLY FOR THE PURPOSE STATED IN THE FUNDING
45 REQUEST;
46 (7) GRANTS ARE NOT TO BE USED TO FUND LOAN PROGRAMS;
47 (8) GRANTS ARE NOT TO BE USED FOR THE FOLLOWING PURPOSES: (A) TO FUND
48 AN ENTITY IN BANKRUPTCY, RECEIVERSHIP, OR FORECLOSURE OR TO FUND LEGAL
49 OR ADMINISTRATIVE EXPENSES RELATED TO BANKRUPTCY, RECEIVERSHIP OR FORE-
50 CLOSURE PROCEEDINGS; (B) TO PAY FOR ANY ARREARS IN WORKERS' COMPEN-
51 SATION, UNEMPLOYMENT INSURANCE OR OTHER EMPLOYEE BENEFITS; OR (C) TO PAY
52 FOR ANY ARREARS OR CURRENT OBLIGATIONS FOR FEDERAL, STATE, OR MUNICIPAL
53 TAXES; FOR LOBBYING ACTIVITIES AS DEFINED UNDER SECTION ONE-C OF THIS
54 CHAPTER AND COMPARABLE SECTIONS OF FEDERAL OR MUNICIPAL LAW;
55 (9) GRANTS ARE NOT TO BE THE ONLY SIGNIFICANT SOURCE OF FUNDING FOR
56 THE ORGANIZATION;
A. 855 3
1 (10) GRANT APPLICATIONS SHALL INCLUDE A BRIEF DESCRIPTION OF THE
2 PROJECT TO BE FUNDED; AND
3 (11) GRANTS SHALL NOT BE USED BY RECIPIENTS TO PAY WAGES OR OTHER
4 EMPLOYEE BENEFITS.
5 (E) AT LEAST TWENTY-FOUR HOURS PRIOR TO APPROVAL BY THE LEGISLATURE OF
6 THE STATE BUDGET, THE LEGISLATURE MUST MAKE PUBLIC WITH RESPECT TO EACH
7 MEMBER ITEM, THE MEMBER OF THE SENATE, THE MEMBER OF THE ASSEMBLY OR THE
8 GOVERNOR SPONSORING THE MEMBER ITEM, THE DOLLAR AMOUNT OF THE MEMBER
9 ITEM TO BE APPROPRIATED, AND THE NAME OF THE LOCAL PROJECT, ORGANIZATION
10 OR OTHER ENTITY RECEIVING SUCH MEMBER ITEM. SUCH PUBLICATION SHALL, AT A
11 MINIMUM, BE MADE ON THE WEBSITE OF EACH HOUSE OF THE LEGISLATURE IN A
12 MANNER THAT IS EASILY ACCESSIBLE.
13 4. ALL MEMBER ITEM ALLOCATION RECIPIENTS SHALL PROVIDE CERTIFICATION
14 OF PROPER USE OF FUNDS RECEIVED. FOR ALLOCATIONS TOTALING LESS THAN
15 FIFTY THOUSAND DOLLARS, A DULY AUTHORIZED REPRESENTATIVE OF THE MEMBER
16 ITEM RECIPIENT ORGANIZATION SHALL ATTEST UNDER PENALTY OF PERJURY THAT
17 THE RECIPIENT ORGANIZATION ACTUALLY SPENT THE MEMBER ITEM GRANT MONEY IN
18 THE MANNER AND FOR THE PURPOSES DESIGNATED IN ITS APPLICATION FOR A
19 MEMBER ITEM ALLOCATION. FOR ALLOCATIONS TOTALING MORE THAN FIFTY THOU-
20 SAND DOLLARS, A DULY AUTHORIZED REPRESENTATIVE OF THE MEMBER ITEM RECIP-
21 IENT ORGANIZATION SHALL ATTEST UNDER PENALTY OF PERJURY THAT THE RECIPI-
22 ENT ORGANIZATION ACTUALLY SPENT THE MEMBER ITEM GRANT MONEY IN THE
23 MANNER AND FOR THE PURPOSES DESIGNATED IN ITS APPLICATION FOR A MEMBER
24 ITEM ALLOCATION AND SHALL FILE A FINAL REPORT, UNDER PENALTY OF PERJURY,
25 DETAILING THE EXPENDITURES. SUCH REPORT SHALL BE SUBMITTED BY MAY THIR-
26 TY-FIRST OF THE CALENDAR YEAR FOLLOWING THE CALENDAR YEAR IN WHICH THE
27 MEMBER ITEM WAS ALLOCATED AND SHALL FOLLOW THE REQUIREMENTS ESTABLISHED
28 BY THE ATTORNEY GENERAL. NO FUTURE MEMBER ITEM GRANTS SHALL BE APPROVED
29 FOR AN ORGANIZATION WHICH HAS PREVIOUSLY RECEIVED A MEMBER ITEM ALLO-
30 CATION UNTIL SUCH DOCUMENTS HAVE BEEN SIGNED AND RECEIVED BY THE OFFICE
31 OF THE NEW YORK STATE ATTORNEY GENERAL.
32 5. PRIOR TO SUBMITTING AN APPLICATION FOR A MEMBER ITEM ALLOCATION,
33 EACH ORGANIZATION SEEKING A MEMBER ITEM ALLOCATION MUST MEET PRE-CERTI-
34 FICATION STANDARDS AS ESTABLISHED BY THE OFFICE OF THE NEW YORK STATE
35 ATTORNEY GENERAL. AT A MINIMUM, THOSE STANDARDS SHALL REQUIRE THAT THE
36 ORGANIZATION SEEKING PRE-CERTIFICATION IS A CERTIFIED TAX-EXEMPT
37 NON-PROFIT ORGANIZATION UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE
38 CODE IN NEW YORK STATE, A STATE AGENCY, A MUNICIPALITY OR THEIR AFFIL-
39 IATED DEPARTMENT, UNIVERSITY, COLLEGE, OR SCHOOL DISTRICT CAPABLE OF
40 ACCEPTING POTENTIAL FUNDING AND THAT SUCH ENTITY IS NOT IN BANKRUPTCY OR
41 ARREARS ON ANY OBLIGATIONS. IF AN ORGANIZATION HAS RECEIVED MEMBER ITEM
42 FUNDING IN THE PAST, THE ORGANIZATION SHALL ALSO COMPLY WITH THE
43 REQUIREMENTS OF SUBDIVISION FOUR OF THIS SECTION. NO APPLICATION FROM
44 ANY ORGANIZATION SHALL BE CONSIDERED BY A LEGISLATOR UNTIL THE OFFICE OF
45 THE NEW YORK STATE ATTORNEY GENERAL HAS CERTIFIED SUCH ORGANIZATION
46 BASED UPON THE CRITERIA SET FORTH IN THIS SUBDIVISION AND UPON ANY ADDI-
47 TIONAL REGULATORY STANDARDS ESTABLISHED BY THE ATTORNEY GENERAL.
48 6. ANY STATE AGENCY THAT PROVIDES FUNDING FOR MEMBER ITEMS SHALL
49 REVIEW MEMBER ITEM SPENDING ON AN ANNUAL BASIS AND PERIODICALLY REVIEW
50 GRANT RECIPIENTS' USE OF GRANT MONEY.
51 7. ANY MEMBER ITEM APPROPRIATED BY THE LEGISLATURE SHALL BE SET FORTH
52 SEPARATELY AND APART FROM EVERY OTHER MEMBER ITEM IN THE STATE BUDGET IN
53 ORDER TO CLEARLY IDENTIFY EACH LEGISLATOR'S OR GOVERNOR'S REQUEST.
54 8. ANY VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL BE REFERRED
55 TO THE LEGISLATIVE ETHICS COMMISSION OR ITS SUCCESSOR ENTITY.
56 COMPLAINTS REGARDING THE FAILURE OF AN ALLOCATION OR USE OF A MEMBER
A. 855 4
1 ITEM TO COMPLY WITH THE PROVISIONS OF THIS CHAPTER SHALL BE SUBMITTED TO
2 (A) THE LEGISLATIVE ETHICS COMMISSION WITH REGARD TO A MEMBER ITEM ALLO-
3 CATION MADE AT THE DISCRETION OF A LEGISLATOR, OR (B) THE COMMISSION ON
4 PUBLIC INTEGRITY WITH REGARD TO A MEMBER ITEM ALLOCATION MADE AT THE
5 DISCRETION OF THE GOVERNOR. EACH COMPLAINT SHALL BE INVESTIGATED IN
6 ACCORDANCE WITH THE RULES AND PROCEDURES OF THE COMMISSION RECEIVING THE
7 COMPLAINT.
8 S 2. Paragraph 1 of subdivision 7 of section 80 of the legislative
9 law, as amended by chapter 14 of the laws of 2007, is amended to read as
10 follows:
11 l. Receive and act on complaints regarding persons subject to its
12 jurisdiction alleging a possible violation of SECTION FIFTY-FOUR-B OF
13 THIS CHAPTER OR section seventy-three, seventy-three-a or seventy-four
14 of the public officers law, and conduct such investigations and
15 proceedings as are authorized and necessary to carry out the provisions
16 of this section. In connection with such investigations, the commission
17 may administer oaths or affirmations, subpoena witnesses, compel their
18 attendance and require the production of any books or records which it
19 may deem relevant or material;
20 S 3. Subdivisions 4 and 5 of section 24 of the state finance law, as
21 added by chapter 1 of the laws of 2007, are amended to read as follows:
22 4. Any appropriation added to such budget bills, pursuant to section
23 four of article seven of the constitution, shall only contain itemized
24 appropriations which shall not be in the form of lump sum appropri-
25 ations[,] AND SHALL DESIGNATE FOR EACH APPROPRIATION A GRANTEE OF SUCH
26 APPROPRIATION, and [provided further that] for all non-federal state
27 operations appropriations, such bill or bills shall only contain item-
28 ized appropriations and shall be made, where practicable, by agency, and
29 within each agency by program and within each program at the following
30 level of detail and in the following order:
31 (a) by fund type, which at a minimum shall include general fund,
32 special revenue-other funds, capital projects funds and debt service
33 funds;
34 (b) for personal service appropriations, separate appropriations shall
35 be made for regular personal service, temporary personal service, and
36 holiday and overtime pay;
37 (c) for nonpersonal service appropriations, separate appropriations
38 shall be made for supplies and materials, travel, contractual services,
39 equipment and fringe benefits, as appropriate.
40 5. [Any appropriation added pursuant to section four of article seven
41 of the constitution without designating a grantee shall be allocated
42 only pursuant to a plan setting forth an itemized list of grantees with
43 the amount to be received by each, or the methodology for allocating
44 such appropriation. Such plan shall be subject to the approval of the
45 chair of the senate finance committee, the chair of the assembly ways
46 and means committee, and the director of the budget, and thereafter
47 shall be included in a concurrent resolution calling for the expenditure
48 of such monies, which resolution must be approved by a majority vote of
49 all members elected to each house upon a roll call vote.] THE PROVISIONS
50 OF THIS SECTION SHALL NOT PRECLUDE MEMBERS OF THE LEGISLATURE FROM
51 COLLABORATING WITH EACH OTHER IN THE SELECTION OF MEMBER ITEMS AND PACK-
52 AGING THEIR INDIVIDUAL MEMBER ITEM ALLOCATIONS TOGETHER WITH OTHER
53 MEMBER'S ALLOCATIONS FOR SPECIFIED REGIONAL OR JOINT PROJECTS.
54 S 4. Section 99-d of the state finance law, as added by chapter 474 of
55 the laws of 1996, is renumbered section 99-t and the section heading, as
56 added by chapter 474 of the laws of 1996, and subdivision 1, as amended
A. 855 5
1 by section 2 of part BB of chapter 686 of the laws of 2003, are amended
2 to read as follows:
3 [Community] LEGISLATIVE COMMUNITY projects fund. 1. There is hereby
4 established in the joint custody of the comptroller and the commissioner
5 of taxation and finance a special fund to be known as the LEGISLATIVE
6 community projects fund. This fund may have separate accounts designated
7 pursuant to a specific appropriation to such account or pursuant to a
8 written suballocation plan approved in a memorandum of understanding
9 executed by the director of the budget, the secretary of the senate
10 finance committee and the secretary of the assembly ways and means
11 committee. Such suballocation shall be submitted to the comptroller.
12 S 5. The state finance law is amended by adding a new section 99-u to
13 read as follows:
14 S 99-U. EXECUTIVE COMMUNITY PROJECTS FUND. 1. THERE IS HEREBY ESTAB-
15 LISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER OF
16 TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE EXECUTIVE COMMU-
17 NITY PROJECTS FUND. THIS FUND MAY HAVE SEPARATE ACCOUNTS DESIGNATED
18 PURSUANT TO A SPECIFIC APPROPRIATION TO SUCH ACCOUNT OR PURSUANT TO A
19 WRITTEN SUBALLOCATION PLAN APPROVED IN A MEMORANDUM OF UNDERSTANDING
20 EXECUTED BY THE DIRECTOR OF THE BUDGET, THE SECRETARY OF THE SENATE
21 FINANCE COMMITTEE AND THE SECRETARY OF THE ASSEMBLY WAYS AND MEANS
22 COMMITTEE. SUCH SUBALLOCATION SHALL BE SUBMITTED TO THE COMPTROLLER.
23 2. SUCH FUND SHALL CONSIST OF MONIES TRANSFERRED TO SUCH FUND FROM THE
24 GENERAL FUND/STATE PURPOSES ACCOUNT, OR ANY OTHER MONIES REQUIRED TO BE
25 TRANSFERRED OR DEPOSITED. MONIES MAY NOT BE TRANSFERRED OR LOANED
26 BETWEEN THE ACCOUNTS OF THIS FUND, UNLESS SPECIFICALLY OTHERWISE
27 PROVIDED BY LETTER SIGNED BY THE DIRECTOR OF THE BUDGET, BUT ONLY UPON
28 THE JOINT REQUEST OF THE SECRETARY OF THE SENATE FINANCE COMMITTEE AND
29 THE SECRETARY OF THE ASSEMBLY WAYS AND MEANS COMMITTEE.
30 3. (A) AS REQUIRED TO MAKE TIMELY PAYMENTS FROM SUCH ACCOUNTS UPON
31 PRESENTMENT OF PROPER VOUCHERS THEREFOR, THE STATE COMPTROLLER SHALL
32 MAKE TRANSFERS TO ANY ACCOUNT IN THIS FUND UP TO THE AMOUNTS ANNUALLY
33 SPECIFIED FOR TRANSFER TO SUCH ACCOUNT AND IN COMPLIANCE WITH SUBDIVI-
34 SION TWO OF THIS SECTION, BUT ONLY FROM SUCH FUND OR FUNDS AUTHORIZED TO
35 PROVIDE SUCH TRANSFERS.
36 (B) BY THE CLOSE OF EACH FISCAL YEAR, ALL REMAINING AMOUNTS NOT YET
37 TRANSFERRED SHALL BE TRANSFERRED TO THE DESIGNATED ACCOUNTS FOR WHICH
38 SUCH TRANSFERS WERE AUTHORIZED, UP TO THE TOTAL AMOUNTS SPECIFIED FOR
39 TRANSFER TO EACH ACCOUNT IN EACH FISCAL YEAR AND IN COMPLIANCE WITH
40 SUBDIVISION TWO OF THIS SECTION.
41 4. NOTWITHSTANDING SECTION FORTY OF THIS CHAPTER OR ANY OTHER
42 PROVISION OF LAW, APPROPRIATIONS OF THIS FUND SHALL BE AVAILABLE FOR
43 LIABILITIES INCURRED DURING AND AFTER THE CLOSE OF THE FISCAL YEAR FOR
44 WHICH SUCH APPROPRIATIONS ARE ENACTED, PROVIDED HOWEVER THAT SUCH APPRO-
45 PRIATIONS SHALL LAPSE ON THE FIFTEENTH DAY OF SEPTEMBER FOLLOWING THE
46 CLOSE OF THE FISCAL YEAR, AND NO MONIES SHALL THEREAFTER BE PAID OUT OF
47 THE STATE TREASURY OR ANY OF ITS FUNDS OR THE FUNDS UNDER ITS MANAGEMENT
48 PURSUANT TO SUCH APPROPRIATIONS.
49 5. THE DIRECTOR OF THE BUDGET SHALL ISSUE A CERTIFICATE OF APPROVAL
50 FOR ANY APPROPRIATION IN ANY ACCOUNT OF THIS FUND NO LATER THAN THE
51 LATER OF SIXTY DAYS AFTER THE ENACTMENT OF SUCH APPROPRIATION OR FIVE
52 DAYS AFTER THE EXECUTION OF A WRITTEN SUBALLOCATION PLAN PURSUANT TO THE
53 PROVISIONS OF SUBDIVISION ONE OF THIS SECTION. SUCH APPROVAL SHALL
54 SATISFY ANY OTHER REQUIREMENT FOR A CERTIFICATE OF APPROVAL.
55 6. (A) THE STATE SHALL NOT BE LIABLE FOR PAYMENTS PURSUANT TO ANY
56 CONTRACT, GRANT OR AGREEMENT MADE PURSUANT TO AN APPROPRIATION IN ANY
A. 855 6
1 ACCOUNT OF THIS FUND IF INSUFFICIENT MONIES ARE AVAILABLE FOR TRANSFER
2 TO SUCH ACCOUNT OF THIS FUND, AFTER REQUIRED TRANSFERS PURSUANT TO
3 SUBDIVISION THREE OF THIS SECTION. EXCEPT WITH RESPECT TO, GRANTS, OR
4 AGREEMENTS EXECUTED BY ANY STATE OFFICER, EMPLOYEE, DEPARTMENT, INSTITU-
5 TION, COMMISSION, BOARD, OR OTHER AGENCY OF THE STATE PRIOR TO THE
6 EFFECTIVE DATE OF THIS SECTION, ANY CONTRACT, GRANT OR AGREEMENT MADE
7 PURSUANT TO AN APPROPRIATION IN THIS FUND SHALL INCORPORATE THIS
8 PROVISION AS A TERM OF SUCH CONTRACT, GRANT OR AGREEMENT.
9 (B) THE EXHAUSTION OF FUNDS AVAILABLE FOR SUCH TRANSFERS SHALL NOT
10 PRECLUDE THE APPROVAL OF CONTRACTS HEREUNDER PURSUANT TO SECTION ONE
11 HUNDRED TWELVE OF THIS CHAPTER. NOTWITHSTANDING ANY OTHER PROVISION OF
12 LAW, INTEREST SHALL NOT BE DUE TO ANY RECIPIENT FOR ANY LATE PAYMENTS
13 MADE FROM THIS FUND WHICH RESULT FROM INSUFFICIENT MONIES BEING AVAIL-
14 ABLE IN AN ACCOUNT OF THIS FUND.
15 7. MONIES SHALL BE PAID OUT OF SUCH ACCOUNTS ON THE AUDIT AND WARRANT
16 OF THE STATE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE HEAD
17 OF THE APPROPRIATE AGENCY.
18 S 6. This act does not preclude either house of the legislature or the
19 governor from adopting more stringent standards through its own guide-
20 lines or through the application process.
21 S 7. Member item grants shall continue to be subject to review by the
22 respective assembly and senate fiscal and counsel staffs, division of
23 the budget, the administering state agency, the office of the state
24 comptroller, and the office of the attorney general. Nothing in this act
25 shall limit the authority of the state comptroller and the attorney
26 general to review member item grant recipients or member item grants.
27 S 8. This act shall take effect immediately.
