Amd 24, 27, 44, 51, 42, 53 & 25, rpld 24 sub 5, 49, add 28, St Fin L
 
Enacts the "appropriate appropriations act" to prohibit lump sum budget appropriations and require itemized appropriations; limits the use of expenditures for emergencies; limits reappropriations.
STATE OF NEW YORK
________________________________________________________________________
10632
IN ASSEMBLY
June 20, 2024
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Rajkumar) --
read once and referred to the Committee on Ways and Means
AN ACT to amend the state finance law, in relation to requiring itemized
appropriations and prohibiting lump sum appropriations in the budget;
and to repeal certain provisions of such law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "appropri-
2 ate appropriations act".
3 § 2. Subdivision 1 of section 24 of the state finance law, as amended
4 by chapter 1 of the laws of 2007, is amended to read as follows:
5 1. The budget submitted annually by the governor shall be simultane-
6 ously accompanied by a bill or bills for all proposed appropriations and
7 reappropriations and for the proposed measures of taxation or other
8 legislation, if any, recommended therein. Such bills shall be submitted
9 by the governor and shall be known as budget bills; provided, however,
10 that all appropriations and reappropriations contained in such budget
11 bills shall only contain itemized appropriations which shall not be in
12 the form of lump sum appropriations. For the purposes of this article
13 and article four of this chapter, "itemized appropriation" shall mean an
14 appropriation pursuant to article seven of the state constitution that
15 specifically relates to a program which is included in the financial
16 plan presented as part of the budget submitted pursuant to section
17 twenty-two of this article that bears the financial plan program
18 reference number or numbers to which it shall pertain, and shall be
19 classified into the same category as the associated program or programs
20 have been classified in such financial plan; and is not a lump sum
21 appropriation as defined in section two of this chapter.
22 (a) For all non-federal state operations appropriations, such bill or
23 bills shall only contain itemized appropriations and shall be made,
24 where practicable, by agency and within each agency by program and with-
25 in each program at the following level of detail and in the following
26 order:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14776-03-4
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1 (i) by fund type, which at a minimum shall include general fund,
2 special revenue-other funds, capital projects funds, and debt service
3 funds;
4 (ii) for personal service appropriations, separate appropriations
5 shall be made for regular personal service, temporary personal service,
6 and holiday and overtime pay;
7 (iii) for nonpersonal service appropriations, separate appropriations
8 shall be made for supplies and materials, travel, contractual services,
9 equipment, and fringe benefits, as appropriate.
10 (b) Any appropriation for temporary assistance for needy families, the
11 environmental protection fund, and the medical assistance program, shall
12 only contain itemized appropriations [which shall not be in the form of
13 lump sum appropriations,]; provided, however, for the purposes of the
14 medical assistance program, itemized appropriations shall consist of
15 categories-of-service with separate appropriations for hospital inpa-
16 tient, hospital outpatient and emergency room, clinic, nursing home,
17 other long-term care, managed care, pharmacy, dental, transportation,
18 and other non-institutional services.
19 § 3. Subdivision 5 of section 24 of the state finance law is REPEALED
20 and a new subdivision 5 is added to read as follows:
21 5. (a) To the extent that any appropriation or reappropriation either
22 does not identify a specific recipient, or is not subject to allocation
23 by a statutory formula, such appropriation or reappropriation shall
24 identify an administering state agency or public authority and, prior to
25 the disbursement of any funds so appropriated, each such state agency or
26 public authority shall:
27 (i) develop and execute a process in accordance with all provisions of
28 law applicable to a program administered by a state agency whereby each
29 project proposed to be funded with such appropriation or reappropriation
30 shall be scored and ranked based on clear, measurable and objective
31 criteria. The ranking of such projects shall indicate their relative
32 importance in the best interest of the state;
33 (ii) develop and execute a process in accordance with all provisions
34 of law applicable to a program administered by a state agency for enter-
35 ing into any contract or commitment for the disbursement of such funds
36 which shall include, where appropriate, public advertising for bids or
37 proposals, and a method for awarding contracts under each project that
38 shall permit full and free competition. Such method shall be based on
39 clear, measurable and objective criteria; and
40 (iii) identify each project to be funded with such appropriation or
41 reappropriation and the portion of such appropriation or reappropriation
42 to be allocated to each project.
43 (b) Any appropriation added pursuant to section four of article seven
44 of the constitution shall identify a specific recipient or grantee, or
45 shall be subject to allocation by a statutory formula, or shall be
46 subject to allocation pursuant to the provisions of paragraph (a) of
47 this subdivision.
48 § 4. Subdivision 1 of section 27 of the state finance law, as added by
49 chapter 836 of the laws of 1992, is amended to read as follows:
50 1. Each fiscal year the budget submitted by the governor shall contain
51 separate and distinct appropriations[, which may be lump sum appropri-
52 ations,] for scheduled maintenance activities.
53 § 5. The state finance law is amended by adding a new section 28 to
54 read as follows:
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1 § 28. Itemization of grants. 1. For any fund that provides grants, the
2 governor shall maintain an online database of all individual grants.
3 Such database shall include:
4 (a) the award amount;
5 (b) the agency that administered the grant fund;
6 (c) the name of the fund;
7 (d) the date of the contract award;
8 (e) the grantee's name, EIN and address, and the senate and assembly
9 district which represents such grantee;
10 (f) the name of any legislators who nominated the grantee, or who
11 submitted or co-signed a written recommendation in support of the gran-
12 tee;
13 (g) the itemized appropriation authorizing the grant or grant fund;
14 (h) any additional state grants for the same project from any year;
15 (i) project status; and
16 (j) the original solicitation documents and grantee's submission or
17 submissions in response thereof.
18 2. Provided further, any grant or grants whose total is in excess of
19 one million dollars to a single grantee from a single competitive grant
20 fund shall be an itemized appropriation in a budget bill pursuant to
21 section twenty-two of this article.
22 § 6. Subdivision 6 of section 44 of the state finance law, as amended
23 by chapter 393 of the laws of 1952, is amended to read as follows:
24 6. No position, contained in a schedule of positions in an appropri-
25 ation act [or in an approved segregation of a lump sum appropriation
26 pursuant to this chapter,] shall, during the period for which funds are
27 appropriated or segregated for such position, be transferred from the
28 organizational unit in which such position appears in such schedule or
29 segregation except upon request of the head of a department or other
30 state agency and approval by the director of the budget. When approved
31 by the director of the budget, he shall issue a certificate to the head
32 of the department or other state agency in which the position exists and
33 to the state comptroller authorizing the transfer of the position and
34 the appropriation made therefor. Copies of such certificate shall be
35 filed with the senate finance committee, the assembly ways and means
36 committee and the state civil service commission.
37 § 7. Section 49 of the state finance law is REPEALED.
38 § 8. Section 51 of the state finance law, as amended by chapter 577 of
39 the laws of 1988, is amended to read as follows:
40 § 51. Interchange of appropriations or items therein. No appropriation
41 shall be increased or decreased by transfer or otherwise except as
42 provided for in this section or section fifty-three, sixty-six-f, seven-
43 ty-two or ninety-three of this chapter, or article eight of the educa-
44 tion law. Whenever an appropriation is made from a fund to a department
45 or agency and is accompanied by a schedule showing the programs or
46 purposes for which such appropriation may be expended, the amount appro-
47 priated for any item or items within any program or purpose for such
48 department or agency may be increased or decreased by interchange with
49 amounts appropriated from such fund for any other item or items within
50 the same program or purpose, or with other items appropriated from such
51 fund not in the same program or purpose but which are contained in the
52 state comptroller's classification of items as last promulgated, with
53 the approval of the director of the budget, who shall file such approval
54 with the office of the state comptroller and copies thereof with the
55 senate finance committee and the assembly ways and means committee. The
56 amounts appropriated to a department or agency from a particular fund in
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1 a fiscal year for the programs or purposes of such department or agency
2 may be interchanged among such programs or purposes under the same
3 conditions as heretofore described except that the total amount appro-
4 priated for any program or purpose may not be increased or decreased by
5 more than the aggregate of five per cent of the first five million
6 dollars, four percent of the second five million dollars and three per
7 cent of amounts in excess of ten million dollars of an appropriation for
8 a program or purpose. [The allocation of lump sum appropriations from a
9 fund made to a department or agency for later distribution to programs
10 or purposes or to the units of the state university to the allocation of
11 lump sum appropriations made to all state departments and agencies for
12 later allocation for specific programs or purposes shall not be deemed
13 to be part of such total increase or decrease.]
14 § 9. Section 42 of the state finance law is amended to read as
15 follows:
16 § 42. Limitation on expenditures. The several amounts appropriated in
17 any act shall be deemed to be only for so much thereof as shall be
18 sufficient to accomplish in full the purposes designated by the appro-
19 priations and shall be paid by the division of the treasury, department
20 of taxation and finance, from the respective funds as specified, pursu-
21 ant to the requirements of this chapter, provided, however, that such
22 limitation shall not apply to revenue from other sources. Every appro-
23 priation shall state a source of revenue. It shall be the duty of the
24 comptroller to report [annually] quarterly to the legislature the detail
25 of the several expenditures and if the amounts appropriated are in
26 compliance with this section.
27 § 10. Paragraph a of subdivision 2 of section 53 of the state finance
28 law, as amended by chapter 58 of the laws of 1982, is amended and a new
29 subdivision 10 is added to read as follows:
30 a. Transfers to the general fund or the capital projects fund estab-
31 lished under section ninety-three of this chapter shall be only for the
32 purpose and to the extent required to meet emergency and unanticipated
33 expenditures of the state which shall mean:
34 (1) expenditures deemed necessary or essential to the proper and effi-
35 cient functioning of the government of the state or the rendering of
36 governmental services by the state, in order to meet [emergencies] a
37 local state of emergency or state declaration of disaster emergency
38 pursuant to article two-B of the executive law, and unanticipated
39 requirements arising from or which threaten to interfere with the lawful
40 exercise of one or more of the powers of government by the state[;
41 (2) expenditures deemed necessary or essential to protect fully the
42 New York state housing finance agency, the state university construction
43 fund, the state university, or the facilities development corporation
44 from general public liability arising from their ownership or interest
45 in state university facilities or mental hygiene facilities financed by
46 the New York state housing finance agency, as the case may be, or to
47 repair, restore, rebuild or replace such a facility upon damage, loss or
48 destruction thereof, or to pay the annual rentals for such a facility in
49 the event of the damage, loss or destruction thereof and of the avail-
50 ability and possession thereof by the state university construction fund
51 and the occupancy thereof by the state university, or the availability
52 and possession thereof by the state university, or the availability and
53 possession thereof by the facilities development corporation and the
54 occupancy thereof by the department of mental hygiene; and
55 (3) expenditures deemed necessary or essential for payment of the
56 state's liability, pursuant to a contract with a county containing a
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1 city having a population of seventy-five thousand or more inhabitants or
2 a city having a population of seventy-five thousand or more inhabitants,
3 providing for the financing and the construction and leasing of state
4 office buildings and other public improvements in such county or city,
5 to hold such county or city and its officers, agents or employees harm-
6 less against liability, loss, cost, damage, claims, judgments or expense
7 based on personal injury, death or damage to property, real, personal or
8 mixed, which because of the uncertainty of events are not clearly fore-
9 seeable or predictable at the time of passage of the budget and other
10 appropriation measures during the regular session of the legislature
11 next preceding the occurrence or development thereof, and for which
12 other appropriations are not available or are insufficient.
13 Transfers made pursuant to subparagraphs two and three of this para-
14 graph are expressly for the purpose of applying self-insurer principles
15 to the facilities therein described, consistent with the system of self-
16 insurance followed by the state for real property under its jurisdiction
17 and control].
18 10. The state and any department, bureau, board, commission or author-
19 ity thereof, and any other agency or instrumentality of the state shall
20 not use special emergency appropriations, nor any state or federal grant
21 not expected to be recurring, for the financing of any program that does
22 not expire subsequent to the exhaustion of such disbursement, unless
23 otherwise stipulated.
24 § 11. Section 25 of the state finance law is amended to read as
25 follows:
26 § 25. Reappropriation bills. Every appropriation reappropriating
27 moneys shall set forth clearly the year, chapter and part or section of
28 the act by which such appropriation was originally made, a brief summary
29 of the purposes of such original appropriation, and the year, chapter
30 and part or section of the last act, if any, reappropriating such
31 original appropriation or any part thereof, and the amount of such reap-
32 propriation. No appropriation shall be reappropriated for more than one
33 additional fiscal year except for capital project funds, debt service
34 funds, apportionment of public moneys to school districts pursuant to
35 section thirty-six hundred two of the education law, or medical assist-
36 ance to needy persons pursuant to title eleven of article five of the
37 social services law. For any appropriation that does not lapse after
38 twelve months, the reappropriation may be made for one additional fiscal
39 year after the appropriation lapses.
40 If it is proposed to change in any detail the purpose for which the
41 original appropriation was made, the bill as submitted by the governor
42 shall show clearly any such change.
43 § 12. This act shall take effect on the first of January next succeed-
44 ing the date on which it shall have become a law.