senate Bill S1681A

2011-2012 Legislative Session

Clarifies the qualification of member items, authorizes the review of violations of the qualification of member items, and requiring that member items be fully itemized

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Jan 25, 2012 print number 1681a
amend and recommit to investigations and government operations
Jan 04, 2012 referred to investigations and government operations
Apr 15, 2011 notice of committee consideration - requested
Jan 11, 2011 referred to investigations and government operations

Bill Amendments

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Co-Sponsors

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S1681 - Bill Details

Current Committee:
Law Section:
Legislative Law
Laws Affected:
Add §54-c, Leg L; amd §§24 & 99-d, add §99-v, St Fin L
Versions Introduced in 2009-2010 Legislative Session:
S7007A

S1681 - Bill Texts

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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.

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BILL NUMBER:S1681

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:
* Defines the term "member item"

* Provides that no member item shall 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:
New legislation.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
Immediately.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1681

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 11, 2011
                               ___________

Introduced  by  Sens.  SERRANO,  BONACIC,  BRESLIN, DeFRANCISCO, GRIFFO,
  KRUEGER,  LITTLE,  OPPENHEIMER,  PERALTA,  SALAND,  SEWARD,  SQUADRON,
  STAVISKY,  STEWART-COUSINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment 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:

  Section 1. The legislative law is amended by adding a new section 54-b
to read as follows:
  S  54-B.  MEMBER  ITEMS.  1. AS USED IN THIS SECTION, THE TERM "MEMBER
ITEM" SHALL MEAN A BUDGETARY ALLOCATION AS  FUNDED  BY  THE  LEGISLATIVE
COMMUNITY PROJECTS FUND AS DEFINED IN SECTION NINETY-NINE-T OF THE STATE
FINANCE  LAW,  AND  THE  EXECUTIVE COMMUNITY PROJECTS FUND AS DEFINED IN
SECTION NINETY-NINE-U OF THE STATE FINANCE LAW  AT  THE  DISCRETION  AND
REQUEST  OF  THE GOVERNOR OR A MEMBER OF THE LEGISLATURE FOR A CERTIFIED
TAX-EXEMPT NON-PROFIT ORGANIZATION UNDER SECTION 501(C)(3) OF THE INTER-
NAL REVENUE CODE IN NEW YORK STATE, A STATE AGENCY,  A  MUNICIPALITY  OR
THEIR AFFILIATED DEPARTMENT, UNIVERSITY, COLLEGE, OR SCHOOL DISTRICT.
  2.  MEMBER ITEMS SHALL NOT BE APPROPRIATED WHEN A CONFLICT OF INTEREST
EXISTS BETWEEN THE LEGISLATOR OR GOVERNOR DESIGNATING  THE  MEMBER  ITEM
AND  THE  POTENTIAL  RECIPIENT.  A MEMBER ITEM CANNOT FUND ORGANIZATIONS
THAT EMPLOY OR OTHERWISE COMPENSATE THE LEGISLATOR OR GOVERNOR, A MEMBER
OF THE LEGISLATOR'S OR GOVERNOR'S FAMILY, ANY PERSON SHARING THE HOME OF
THE LEGISLATOR OR GOVERNOR OR A MEMBER OF THE LEGISLATOR'S OR GOVERNOR'S
STAFF FOR SERVICES OR LABOR RENDERED. FURTHERMORE, LEGISLATORS  AND  THE
GOVERNOR SHALL NOT DESIGNATE MEMBER ITEMS IF THE LEGISLATOR OR GOVERNOR,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00290-01-1

S. 1681                             2

A  MEMBER  OF  THE LEGISLATOR'S OR GOVERNOR'S FAMILY, ANY PERSON SHARING
THE HOME OF THE LEGISLATOR OR GOVERNOR OR A MEMBER OF  THE  LEGISLATOR'S
OR  GOVERNOR'S STAFF IS INVOLVED WITH THE OPERATIONS OF THE ORGANIZATION
IN A DECISION-MAKING CAPACITY INCLUDING BUT NOT LIMITED TO WORKING ON AN
UNPAID,  VOLUNTEER BASIS OR A MEMBER OF THE DIRECTING BOARD OF AN ORGAN-
IZATION.
  3. PRIOR TO THE APPROPRIATION OF MEMBER ITEMS, THE LEGISLATURE SHALL:
  (A) PROVIDE THAT EACH MEMBER OF THE SENATE  AND  EACH  MEMBER  OF  THE
ASSEMBLY  RECEIVE  AN  EQUAL  SHARE OF THE DOLLAR AMOUNT OF MEMBER ITEMS
ALLOCATED TO THE RESPECTIVE LEGISLATIVE BODY;
  (B) REQUIRE THE LEGISLATOR OR GOVERNOR REQUESTING SUCH MEMBER ITEM  TO
SUBMIT  A  SIGNED  CONFLICT  OF INTEREST FORM ALONG WITH THE MEMBER ITEM
REQUEST FORM TO ENSURE THAT NO CONFLICT OF INTEREST EXISTS. THE LEGISLA-
TOR OR GOVERNOR SHALL DISCLOSE ON THE  CONFLICT  OF  INTEREST  FORM  ALL
POLITICAL  DONATIONS  HE OR SHE IS RECEIVING OR HAS RECEIVED IN THE PAST
FROM THE INTENDED RECIPIENT OF THE MEMBER ITEM FUNDING. SUCH A  CONFLICT
OF  INTEREST  FORM  SHALL  BE SIGNED BY THE LEGISLATOR OR GOVERNOR UNDER
PENALTY OF PERJURY, STATING THAT THE MEMBER ITEM IS NOT  BEING  DIRECTED
IN A MANNER DESCRIBED IN SUBDIVISION TWO OF THIS SECTION;
  (C)  PROVIDE  THAT  ANY  STATE AGENCY THAT PROVIDES FUNDING FOR MEMBER
ITEMS EVALUATE THE SPENDING OF SUCH  MEMBER  ITEM  FUNDS  BY  THE  LOCAL
PROJECT,  ORGANIZATION  OR  OTHER ENTITY RECEIVING SUCH FUNDS. THE STATE
AGENCY SHALL TRACK THE FUNDS TO ENSURE THAT THEY ARE BEING  SPENT  IN  A
MANNER CONSISTENT WITH THE MEMBER ITEM APPLICATION;
  (D) ENSURE THAT THE FOLLOWING CRITERIA ARE SATISFIED:
  (1)  GRANTS  ARE  TO  BE DESIGNATED FOR PUBLIC PURPOSES.   THE PROGRAM
FUNDED MUST BE OPEN AND AVAILABLE TO ALL INDIVIDUALS ON  A  NONSECTARIAN
BASIS;
  (2)  GRANTS  ARE  PROVIDED  IN SUPPORT OF SERVICES AND ACTIVITIES THAT
HAVE STATEWIDE BENEFIT OR BENEFIT LOCAL COMMUNITIES;
  (3) GRANTS ARE ONLY DESIGNATED FOR NOT-FOR-PROFIT ORGANIZATIONS, MUNI-
CIPALITIES  OR  THEIR  AFFILIATED  DEPARTMENTS/AGENCIES,   UNIVERSITIES,
COLLEGES, OR SCHOOL DISTRICTS;
  (4)  GRANTS ARE AVAILABLE SOLELY FOR ACTIVITIES AND PROGRAMS CONDUCTED
WITHIN THE STATE OF NEW YORK;
  (5) GRANTS ARE NOT TO BE REDISTRIBUTED UNLESS THE GRANT  RECIPIENT  IS
IDENTIFIED  AND  THE GRANT TO THE END RECIPIENT COMPLIES WITH THE CRITE-
RIA;
  (6) GRANTS ARE TO BE USED ONLY FOR THE PURPOSE STATED IN  THE  FUNDING
REQUEST;
  (7) GRANTS ARE NOT TO BE USED TO FUND LOAN PROGRAMS;
  (8)  GRANTS ARE NOT TO BE USED FOR THE FOLLOWING PURPOSES: (A) TO FUND
AN ENTITY IN BANKRUPTCY, RECEIVERSHIP, OR FORECLOSURE OR TO  FUND  LEGAL
OR  ADMINISTRATIVE EXPENSES RELATED TO BANKRUPTCY, RECEIVERSHIP OR FORE-
CLOSURE PROCEEDINGS; (B) TO PAY FOR  ANY  ARREARS  IN  WORKERS'  COMPEN-
SATION, UNEMPLOYMENT INSURANCE OR OTHER EMPLOYEE BENEFITS; OR (C) TO PAY
FOR  ANY ARREARS OR CURRENT OBLIGATIONS FOR FEDERAL, STATE, OR MUNICIPAL
TAXES; FOR LOBBYING ACTIVITIES AS DEFINED UNDER SECTION  ONE-C  OF  THIS
CHAPTER AND COMPARABLE SECTIONS OF FEDERAL OR MUNICIPAL LAW;
  (9)  GRANTS  ARE  NOT TO BE THE ONLY SIGNIFICANT SOURCE OF FUNDING FOR
THE ORGANIZATION;
  (10) GRANT APPLICATIONS SHALL  INCLUDE  A  BRIEF  DESCRIPTION  OF  THE
PROJECT TO BE FUNDED; AND
  (11)  GRANTS  SHALL  NOT  BE  USED BY RECIPIENTS TO PAY WAGES OR OTHER
EMPLOYEE BENEFITS.

S. 1681                             3

  (E) AT LEAST TWENTY-FOUR HOURS PRIOR TO APPROVAL BY THE LEGISLATURE OF
THE STATE BUDGET, THE LEGISLATURE MUST MAKE PUBLIC WITH RESPECT TO  EACH
MEMBER ITEM, THE MEMBER OF THE SENATE, THE MEMBER OF THE ASSEMBLY OR THE
GOVERNOR  SPONSORING  THE  MEMBER  ITEM, THE DOLLAR AMOUNT OF THE MEMBER
ITEM TO BE APPROPRIATED, AND THE NAME OF THE LOCAL PROJECT, ORGANIZATION
OR OTHER ENTITY RECEIVING SUCH MEMBER ITEM. SUCH PUBLICATION SHALL, AT A
MINIMUM,  BE  MADE  ON THE WEBSITE OF EACH HOUSE OF THE LEGISLATURE IN A
MANNER THAT IS EASILY ACCESSIBLE.
  4. ALL MEMBER ITEM ALLOCATION RECIPIENTS SHALL  PROVIDE  CERTIFICATION
OF  PROPER  USE  OF  FUNDS  RECEIVED. FOR ALLOCATIONS TOTALING LESS THAN
FIFTY THOUSAND DOLLARS, A DULY AUTHORIZED REPRESENTATIVE OF  THE  MEMBER
ITEM  RECIPIENT  ORGANIZATION SHALL ATTEST UNDER PENALTY OF PERJURY THAT
THE RECIPIENT ORGANIZATION ACTUALLY SPENT THE MEMBER ITEM GRANT MONEY IN
THE MANNER AND FOR THE PURPOSES DESIGNATED  IN  ITS  APPLICATION  FOR  A
MEMBER  ITEM  ALLOCATION. FOR ALLOCATIONS TOTALING MORE THAN FIFTY THOU-
SAND DOLLARS, A DULY AUTHORIZED REPRESENTATIVE OF THE MEMBER ITEM RECIP-
IENT ORGANIZATION SHALL ATTEST UNDER PENALTY OF PERJURY THAT THE RECIPI-
ENT ORGANIZATION ACTUALLY SPENT THE  MEMBER  ITEM  GRANT  MONEY  IN  THE
MANNER  AND  FOR THE PURPOSES DESIGNATED IN ITS APPLICATION FOR A MEMBER
ITEM ALLOCATION AND SHALL FILE A FINAL REPORT, UNDER PENALTY OF PERJURY,
DETAILING THE EXPENDITURES. SUCH REPORT SHALL BE SUBMITTED BY MAY  THIR-
TY-FIRST  OF  THE CALENDAR YEAR FOLLOWING THE CALENDAR YEAR IN WHICH THE
MEMBER ITEM WAS ALLOCATED AND SHALL FOLLOW THE REQUIREMENTS  ESTABLISHED
BY  THE ATTORNEY GENERAL. NO FUTURE MEMBER ITEM GRANTS SHALL BE APPROVED
FOR AN ORGANIZATION WHICH HAS PREVIOUSLY RECEIVED A  MEMBER  ITEM  ALLO-
CATION  UNTIL SUCH DOCUMENTS HAVE BEEN SIGNED AND RECEIVED BY THE OFFICE
OF THE NEW YORK STATE ATTORNEY GENERAL.
  5. PRIOR TO SUBMITTING AN APPLICATION FOR A  MEMBER  ITEM  ALLOCATION,
EACH  ORGANIZATION SEEKING A MEMBER ITEM ALLOCATION MUST MEET PRE-CERTI-
FICATION STANDARDS AS ESTABLISHED BY THE OFFICE OF THE  NEW  YORK  STATE
ATTORNEY  GENERAL.  AT A MINIMUM, THOSE STANDARDS SHALL REQUIRE THAT THE
ORGANIZATION  SEEKING  PRE-CERTIFICATION  IS  A   CERTIFIED   TAX-EXEMPT
NON-PROFIT  ORGANIZATION UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE
CODE IN NEW YORK STATE, A STATE AGENCY, A MUNICIPALITY OR  THEIR  AFFIL-
IATED  DEPARTMENT,  UNIVERSITY,  COLLEGE,  OR SCHOOL DISTRICT CAPABLE OF
ACCEPTING POTENTIAL FUNDING AND THAT SUCH ENTITY IS NOT IN BANKRUPTCY OR
ARREARS ON ANY OBLIGATIONS. IF AN ORGANIZATION HAS RECEIVED MEMBER  ITEM
FUNDING  IN  THE  PAST,  THE  ORGANIZATION  SHALL  ALSO  COMPLY WITH THE
REQUIREMENTS OF SUBDIVISION FOUR OF THIS SECTION.  NO  APPLICATION  FROM
ANY ORGANIZATION SHALL BE CONSIDERED BY A LEGISLATOR UNTIL THE OFFICE OF
THE  NEW  YORK  STATE  ATTORNEY  GENERAL HAS CERTIFIED SUCH ORGANIZATION
BASED UPON THE CRITERIA SET FORTH IN THIS SUBDIVISION AND UPON ANY ADDI-
TIONAL REGULATORY STANDARDS ESTABLISHED BY THE ATTORNEY GENERAL.
  6. ANY STATE AGENCY THAT  PROVIDES  FUNDING  FOR  MEMBER  ITEMS  SHALL
REVIEW  MEMBER  ITEM SPENDING ON AN ANNUAL BASIS AND PERIODICALLY REVIEW
GRANT RECIPIENTS' USE OF GRANT MONEY.
  7. ANY MEMBER ITEM APPROPRIATED BY THE LEGISLATURE SHALL BE SET  FORTH
SEPARATELY AND APART FROM EVERY OTHER MEMBER ITEM IN THE STATE BUDGET IN
ORDER TO CLEARLY IDENTIFY EACH LEGISLATOR'S OR GOVERNOR'S REQUEST.
  8.  ANY  VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL BE REFERRED
TO  THE  LEGISLATIVE  ETHICS  COMMISSION  OR   ITS   SUCCESSOR   ENTITY.
COMPLAINTS  REGARDING  THE  FAILURE  OF AN ALLOCATION OR USE OF A MEMBER
ITEM TO COMPLY WITH THE PROVISIONS OF THIS CHAPTER SHALL BE SUBMITTED TO
(A) THE LEGISLATIVE ETHICS COMMISSION WITH REGARD TO A MEMBER ITEM ALLO-
CATION MADE AT THE DISCRETION OF A LEGISLATOR, OR (B) THE COMMISSION  ON
PUBLIC  INTEGRITY  WITH  REGARD  TO A MEMBER ITEM ALLOCATION MADE AT THE

S. 1681                             4

DISCRETION OF THE GOVERNOR. EACH  COMPLAINT  SHALL  BE  INVESTIGATED  IN
ACCORDANCE WITH THE RULES AND PROCEDURES OF THE COMMISSION RECEIVING THE
COMPLAINT.
  S  2.  Paragraph  1  of subdivision 7 of section 80 of the legislative
law, as amended by chapter 14 of the laws of 2007, is amended to read as
follows:
  l. Receive and act on complaints  regarding  persons  subject  to  its
jurisdiction  alleging  a  possible violation of SECTION FIFTY-FOUR-B OF
THIS CHAPTER OR section seventy-three, seventy-three-a  or  seventy-four
of  the  public  officers  law,  and  conduct  such  investigations  and
proceedings as are authorized and necessary to carry out the  provisions
of  this section. In connection with such investigations, the commission
may administer oaths or affirmations, subpoena witnesses,  compel  their
attendance  and  require the production of any books or records which it
may deem relevant or material;
  S 3. Subdivisions 4 and 5 of section 24 of the state finance  law,  as
added by chapter 1 of the laws of 2007, are amended to read as follows:
  4.  Any  appropriation added to such budget bills, pursuant to section
four of article seven of the constitution, shall only  contain  itemized
appropriations  which  shall  not  be  in the form of lump sum appropri-
ations[,] AND SHALL DESIGNATE FOR EACH APPROPRIATION A GRANTEE  OF  SUCH
APPROPRIATION,  and  [provided  further  that] for all non-federal state
operations appropriations, such bill or bills shall only  contain  item-
ized appropriations and shall be made, where practicable, by agency, and
within  each  agency by program and within each program at the following
level of detail and in the following order:
  (a) by fund type, which at  a  minimum  shall  include  general  fund,
special  revenue-other  funds,  capital  projects funds and debt service
funds;
  (b) for personal service appropriations, separate appropriations shall
be made for regular personal service, temporary  personal  service,  and
holiday and overtime pay;
  (c)  for  nonpersonal  service appropriations, separate appropriations
shall be made for supplies and materials, travel, contractual  services,
equipment and fringe benefits, as appropriate.
  5.  [Any appropriation added pursuant to section four of article seven
of the constitution without designating a  grantee  shall  be  allocated
only  pursuant to a plan setting forth an itemized list of grantees with
the amount to be received by each, or  the  methodology  for  allocating
such  appropriation.  Such  plan shall be subject to the approval of the
chair of the senate finance committee, the chair of  the  assembly  ways
and  means  committee,  and  the  director of the budget, and thereafter
shall be included in a concurrent resolution calling for the expenditure
of such monies, which resolution must be approved by a majority vote  of
all members elected to each house upon a roll call vote.] THE PROVISIONS
OF  THIS  SECTION  SHALL  NOT  PRECLUDE  MEMBERS OF THE LEGISLATURE FROM
COLLABORATING WITH EACH OTHER IN THE SELECTION OF MEMBER ITEMS AND PACK-
AGING THEIR INDIVIDUAL  MEMBER  ITEM  ALLOCATIONS  TOGETHER  WITH  OTHER
MEMBER'S ALLOCATIONS FOR SPECIFIED REGIONAL OR JOINT PROJECTS.
  S 4. Section 99-d of the state finance law, as added by chapter 474 of
the laws of 1996, is renumbered section 99-t and the section heading, as
added  by chapter 474 of the laws of 1996, and subdivision 1, as amended
by section 2 of part BB of chapter 686 of the laws of 2003, are  amended
to read as follows:
  [Community]  LEGISLATIVE  COMMUNITY  projects fund. 1. There is hereby
established in the joint custody of the comptroller and the commissioner

S. 1681                             5

of taxation and finance a special fund to be known  as  the  LEGISLATIVE
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.
  S 5. The state finance law is amended by adding a new section 99-u  to
read as follows:
  S  99-U.  EXECUTIVE COMMUNITY PROJECTS FUND. 1. THERE IS HEREBY ESTAB-
LISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE  COMMISSIONER  OF
TAXATION  AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE EXECUTIVE COMMU-
NITY 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.  MONIES  MAY  NOT  BE  TRANSFERRED  OR  LOANED
BETWEEN  THE  ACCOUNTS  OF  THIS  FUND,  UNLESS  SPECIFICALLY  OTHERWISE
PROVIDED 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 SUBDIVI-
SION 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 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 APPRO-
PRIATIONS  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, GRANTS, OR
AGREEMENTS EXECUTED BY ANY STATE OFFICER, EMPLOYEE, DEPARTMENT, INSTITU-

S. 1681                             6

TION, 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 AVAIL-
ABLE 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.
  S 6. This act does not preclude either house of the legislature or the
governor from adopting more stringent standards through its  own  guide-
lines or through the application process.
  S  7. Member item grants shall continue to be subject to review by the
respective assembly and senate fiscal and counsel  staffs,  division  of
the  budget,  the  administering  state  agency, the office of the state
comptroller, and the office of the attorney general. Nothing in this act
shall limit the authority of the  state  comptroller  and  the  attorney
general to review member item grant recipients or member item grants.
  S 8. This act shall take effect immediately.

Co-Sponsors

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S1681A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Legislative Law
Laws Affected:
Add §54-c, Leg L; amd §§24 & 99-d, add §99-v, St Fin L
Versions Introduced in 2009-2010 Legislative Session:
S7007A

S1681A (ACTIVE) - Bill Texts

view summary

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.

view sponsor memo
BILL NUMBER:S1681A

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:
* Defines the term "member item"

* provides that no member item shall 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:
2010: S.7007, Referred to Investigations & Government Operations

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
Immediately.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1681--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 11, 2011
                               ___________

Introduced  by  Sens.  SERRANO,  BONACIC,  BRESLIN, DeFRANCISCO, GRIFFO,
  KRUEGER, LITTLE, OPPENHEIMER, PERALTA, RIVERA, SALAND,  SEWARD,  SQUA-
  DRON, STAVISKY, STEWART-COUSINS -- read twice and ordered printed, and
  when  printed  to  be committed to the Committee on Investigations and
  Government Operations -- recommitted  to  the  Committee  on  Investi-
  gations  and  Government  Operations in accordance with Senate Rule 6,
  sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

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:

  Section 1. The legislative law is amended by adding a new section 54-c
to read as follows:
  S 54-C. MEMBER ITEMS. 1. AS USED IN THIS  SECTION,  THE  TERM  "MEMBER
ITEM"  SHALL  MEAN  A  BUDGETARY ALLOCATION AS FUNDED BY THE LEGISLATIVE
COMMUNITY PROJECTS FUND AS DEFINED IN SECTION NINETY-NINE-U OF THE STATE
FINANCE LAW, AND THE EXECUTIVE COMMUNITY PROJECTS  FUND  AS  DEFINED  IN
SECTION  NINETY-NINE-V  OF  THE  STATE FINANCE LAW AT THE DISCRETION AND
REQUEST OF THE GOVERNOR OR A MEMBER OF THE LEGISLATURE FOR  A  CERTIFIED
TAX-EXEMPT NON-PROFIT ORGANIZATION UNDER SECTION 501(C)(3) OF THE INTER-
NAL  REVENUE  CODE  IN NEW YORK STATE, A STATE AGENCY, A MUNICIPALITY OR
THEIR AFFILIATED DEPARTMENT, UNIVERSITY, COLLEGE, OR SCHOOL DISTRICT.
  2. MEMBER ITEMS SHALL NOT BE APPROPRIATED WHEN A CONFLICT OF  INTEREST
EXISTS  BETWEEN  THE  LEGISLATOR OR GOVERNOR DESIGNATING THE MEMBER ITEM
AND THE POTENTIAL RECIPIENT. A MEMBER  ITEM  CANNOT  FUND  ORGANIZATIONS
THAT EMPLOY OR OTHERWISE COMPENSATE THE LEGISLATOR OR GOVERNOR, A MEMBER
OF THE LEGISLATOR'S OR GOVERNOR'S FAMILY, ANY PERSON SHARING THE HOME OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00290-02-2

S. 1681--A                          2

THE LEGISLATOR OR GOVERNOR OR A MEMBER OF THE LEGISLATOR'S OR GOVERNOR'S
STAFF  FOR  SERVICES OR LABOR RENDERED. FURTHERMORE, LEGISLATORS AND THE
GOVERNOR SHALL NOT DESIGNATE MEMBER ITEMS IF THE LEGISLATOR OR GOVERNOR,
A  MEMBER  OF  THE LEGISLATOR'S OR GOVERNOR'S FAMILY, ANY PERSON SHARING
THE HOME OF THE LEGISLATOR OR GOVERNOR OR A MEMBER OF  THE  LEGISLATOR'S
OR  GOVERNOR'S STAFF IS INVOLVED WITH THE OPERATIONS OF THE ORGANIZATION
IN A DECISION-MAKING CAPACITY INCLUDING BUT NOT LIMITED TO WORKING ON AN
UNPAID, VOLUNTEER BASIS OR A MEMBER OF THE DIRECTING BOARD OF AN  ORGAN-
IZATION.
  3. PRIOR TO THE APPROPRIATION OF MEMBER ITEMS, THE LEGISLATURE SHALL:
  (A)  PROVIDE  THAT  EACH  MEMBER  OF THE SENATE AND EACH MEMBER OF THE
ASSEMBLY RECEIVE AN EQUAL SHARE OF THE DOLLAR  AMOUNT  OF  MEMBER  ITEMS
ALLOCATED TO THE RESPECTIVE LEGISLATIVE BODY;
  (B)  REQUIRE THE LEGISLATOR OR GOVERNOR REQUESTING SUCH MEMBER ITEM TO
SUBMIT A SIGNED CONFLICT OF INTEREST FORM ALONG  WITH  THE  MEMBER  ITEM
REQUEST FORM TO ENSURE THAT NO CONFLICT OF INTEREST EXISTS. THE LEGISLA-
TOR  OR  GOVERNOR  SHALL  DISCLOSE  ON THE CONFLICT OF INTEREST FORM ALL
POLITICAL DONATIONS HE OR SHE IS RECEIVING OR HAS RECEIVED IN  THE  PAST
FROM  THE INTENDED RECIPIENT OF THE MEMBER ITEM FUNDING. SUCH A CONFLICT
OF INTEREST FORM SHALL BE SIGNED BY THE  LEGISLATOR  OR  GOVERNOR  UNDER
PENALTY  OF  PERJURY, STATING THAT THE MEMBER ITEM IS NOT BEING DIRECTED
IN A MANNER DESCRIBED IN SUBDIVISION TWO OF THIS SECTION;
  (C) PROVIDE THAT ANY STATE AGENCY THAT  PROVIDES  FUNDING  FOR  MEMBER
ITEMS  EVALUATE  THE  SPENDING  OF  SUCH  MEMBER ITEM FUNDS BY THE LOCAL
PROJECT, ORGANIZATION OR OTHER ENTITY RECEIVING SUCH  FUNDS.  THE  STATE
AGENCY  SHALL  TRACK  THE FUNDS TO ENSURE THAT THEY ARE BEING SPENT IN A
MANNER CONSISTENT WITH THE MEMBER ITEM APPLICATION;
  (D) ENSURE THAT THE FOLLOWING CRITERIA ARE SATISFIED:
  (1) GRANTS ARE TO BE DESIGNATED FOR  PUBLIC  PURPOSES.    THE  PROGRAM
FUNDED  MUST  BE OPEN AND AVAILABLE TO ALL INDIVIDUALS ON A NONSECTARIAN
BASIS;
  (2) GRANTS ARE PROVIDED IN SUPPORT OF  SERVICES  AND  ACTIVITIES  THAT
HAVE STATEWIDE BENEFIT OR BENEFIT LOCAL COMMUNITIES;
  (3) GRANTS ARE ONLY DESIGNATED FOR NOT-FOR-PROFIT ORGANIZATIONS, MUNI-
CIPALITIES   OR  THEIR  AFFILIATED  DEPARTMENTS/AGENCIES,  UNIVERSITIES,
COLLEGES, OR SCHOOL DISTRICTS;
  (4) GRANTS ARE AVAILABLE SOLELY FOR ACTIVITIES AND PROGRAMS  CONDUCTED
WITHIN THE STATE OF NEW YORK;
  (5)  GRANTS  ARE NOT TO BE REDISTRIBUTED UNLESS THE GRANT RECIPIENT IS
IDENTIFIED AND THE GRANT TO THE END RECIPIENT COMPLIES WITH  THE  CRITE-
RIA;
  (6)  GRANTS  ARE TO BE USED ONLY FOR THE PURPOSE STATED IN THE FUNDING
REQUEST;
  (7) GRANTS ARE NOT TO BE USED TO FUND LOAN PROGRAMS;
  (8) GRANTS ARE NOT TO BE USED FOR THE FOLLOWING PURPOSES: (A) TO  FUND
AN  ENTITY  IN BANKRUPTCY, RECEIVERSHIP, OR FORECLOSURE OR TO FUND LEGAL
OR ADMINISTRATIVE EXPENSES RELATED TO BANKRUPTCY, RECEIVERSHIP OR  FORE-
CLOSURE  PROCEEDINGS;  (B)  TO  PAY  FOR ANY ARREARS IN WORKERS' COMPEN-
SATION, UNEMPLOYMENT INSURANCE OR OTHER EMPLOYEE BENEFITS; OR (C) TO PAY
FOR ANY ARREARS OR CURRENT OBLIGATIONS FOR FEDERAL, STATE, OR  MUNICIPAL
TAXES;  FOR  LOBBYING  ACTIVITIES AS DEFINED UNDER SECTION ONE-C OF THIS
CHAPTER AND COMPARABLE SECTIONS OF FEDERAL OR MUNICIPAL LAW;
  (9) GRANTS ARE NOT TO BE THE ONLY SIGNIFICANT SOURCE  OF  FUNDING  FOR
THE ORGANIZATION;
  (10)  GRANT  APPLICATIONS  SHALL  INCLUDE  A  BRIEF DESCRIPTION OF THE
PROJECT TO BE FUNDED; AND

S. 1681--A                          3

  (11) GRANTS SHALL NOT BE USED BY RECIPIENTS  TO  PAY  WAGES  OR  OTHER
EMPLOYEE BENEFITS.
  (E) AT LEAST TWENTY-FOUR HOURS PRIOR TO APPROVAL BY THE LEGISLATURE OF
THE  STATE BUDGET, THE LEGISLATURE MUST MAKE PUBLIC WITH RESPECT TO EACH
MEMBER ITEM, THE MEMBER OF THE SENATE, THE MEMBER OF THE ASSEMBLY OR THE
GOVERNOR SPONSORING THE MEMBER ITEM, THE DOLLAR  AMOUNT  OF  THE  MEMBER
ITEM TO BE APPROPRIATED, AND THE NAME OF THE LOCAL PROJECT, ORGANIZATION
OR OTHER ENTITY RECEIVING SUCH MEMBER ITEM. SUCH PUBLICATION SHALL, AT A
MINIMUM,  BE  MADE  ON THE WEBSITE OF EACH HOUSE OF THE LEGISLATURE IN A
MANNER THAT IS EASILY ACCESSIBLE.
  4. ALL MEMBER ITEM ALLOCATION RECIPIENTS SHALL  PROVIDE  CERTIFICATION
OF  PROPER  USE  OF  FUNDS  RECEIVED. FOR ALLOCATIONS TOTALING LESS THAN
FIFTY THOUSAND DOLLARS, A DULY AUTHORIZED REPRESENTATIVE OF  THE  MEMBER
ITEM  RECIPIENT  ORGANIZATION SHALL ATTEST UNDER PENALTY OF PERJURY THAT
THE RECIPIENT ORGANIZATION ACTUALLY SPENT THE MEMBER ITEM GRANT MONEY IN
THE MANNER AND FOR THE PURPOSES DESIGNATED  IN  ITS  APPLICATION  FOR  A
MEMBER  ITEM  ALLOCATION. FOR ALLOCATIONS TOTALING MORE THAN FIFTY THOU-
SAND DOLLARS, A DULY AUTHORIZED REPRESENTATIVE OF THE MEMBER ITEM RECIP-
IENT ORGANIZATION SHALL ATTEST UNDER PENALTY OF PERJURY THAT THE RECIPI-
ENT ORGANIZATION ACTUALLY SPENT THE  MEMBER  ITEM  GRANT  MONEY  IN  THE
MANNER  AND  FOR THE PURPOSES DESIGNATED IN ITS APPLICATION FOR A MEMBER
ITEM ALLOCATION AND SHALL FILE A FINAL REPORT, UNDER PENALTY OF PERJURY,
DETAILING THE EXPENDITURES. SUCH REPORT SHALL BE SUBMITTED BY MAY  THIR-
TY-FIRST  OF  THE CALENDAR YEAR FOLLOWING THE CALENDAR YEAR IN WHICH THE
MEMBER ITEM WAS ALLOCATED AND SHALL FOLLOW THE REQUIREMENTS  ESTABLISHED
BY  THE ATTORNEY GENERAL. NO FUTURE MEMBER ITEM GRANTS SHALL BE APPROVED
FOR AN ORGANIZATION WHICH HAS PREVIOUSLY RECEIVED A  MEMBER  ITEM  ALLO-
CATION  UNTIL SUCH DOCUMENTS HAVE BEEN SIGNED AND RECEIVED BY THE OFFICE
OF THE NEW YORK STATE ATTORNEY GENERAL.
  5. PRIOR TO SUBMITTING AN APPLICATION FOR A  MEMBER  ITEM  ALLOCATION,
EACH  ORGANIZATION SEEKING A MEMBER ITEM ALLOCATION MUST MEET PRE-CERTI-
FICATION STANDARDS AS ESTABLISHED BY THE OFFICE OF THE  NEW  YORK  STATE
ATTORNEY  GENERAL.  AT A MINIMUM, THOSE STANDARDS SHALL REQUIRE THAT THE
ORGANIZATION  SEEKING  PRE-CERTIFICATION  IS  A   CERTIFIED   TAX-EXEMPT
NON-PROFIT  ORGANIZATION UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE
CODE IN NEW YORK STATE, A STATE AGENCY, A MUNICIPALITY OR  THEIR  AFFIL-
IATED  DEPARTMENT,  UNIVERSITY,  COLLEGE,  OR SCHOOL DISTRICT CAPABLE OF
ACCEPTING POTENTIAL FUNDING AND THAT SUCH ENTITY IS NOT IN BANKRUPTCY OR
ARREARS ON ANY OBLIGATIONS. IF AN ORGANIZATION HAS RECEIVED MEMBER  ITEM
FUNDING  IN  THE  PAST,  THE  ORGANIZATION  SHALL  ALSO  COMPLY WITH THE
REQUIREMENTS OF SUBDIVISION FOUR OF THIS SECTION.  NO  APPLICATION  FROM
ANY ORGANIZATION SHALL BE CONSIDERED BY A LEGISLATOR UNTIL THE OFFICE OF
THE  NEW  YORK  STATE  ATTORNEY  GENERAL HAS CERTIFIED SUCH ORGANIZATION
BASED UPON THE CRITERIA SET FORTH IN THIS SUBDIVISION AND UPON ANY ADDI-
TIONAL REGULATORY STANDARDS ESTABLISHED BY THE ATTORNEY GENERAL.
  6. ANY STATE AGENCY THAT  PROVIDES  FUNDING  FOR  MEMBER  ITEMS  SHALL
REVIEW  MEMBER  ITEM SPENDING ON AN ANNUAL BASIS AND PERIODICALLY REVIEW
GRANT RECIPIENTS' USE OF GRANT MONEY.
  7. ANY MEMBER ITEM APPROPRIATED BY THE LEGISLATURE SHALL BE SET  FORTH
SEPARATELY AND APART FROM EVERY OTHER MEMBER ITEM IN THE STATE BUDGET IN
ORDER TO CLEARLY IDENTIFY EACH LEGISLATOR'S OR GOVERNOR'S REQUEST.
  8.  ANY  VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL BE REFERRED
TO  THE  LEGISLATIVE  ETHICS  COMMISSION  OR   ITS   SUCCESSOR   ENTITY.
COMPLAINTS  REGARDING  THE  FAILURE  OF AN ALLOCATION OR USE OF A MEMBER
ITEM TO COMPLY WITH THE PROVISIONS OF THIS CHAPTER SHALL BE SUBMITTED TO
(A) THE LEGISLATIVE ETHICS COMMISSION WITH REGARD TO A MEMBER ITEM ALLO-

S. 1681--A                          4

CATION MADE AT THE DISCRETION OF A LEGISLATOR, OR (B) THE COMMISSION  ON
PUBLIC  INTEGRITY  WITH  REGARD  TO A MEMBER ITEM ALLOCATION MADE AT THE
DISCRETION OF THE GOVERNOR. EACH  COMPLAINT  SHALL  BE  INVESTIGATED  IN
ACCORDANCE WITH THE RULES AND PROCEDURES OF THE COMMISSION RECEIVING THE
COMPLAINT.
  S  2.  Subdivisions 4 and 5 of section 24 of the state finance law, as
added by chapter 1 of the laws of 2007, are amended to read as follows:
  4. Any appropriation added to such budget bills, pursuant  to  section
four  of  article seven of the constitution, shall only contain itemized
appropriations which shall not be in the  form  of  lump  sum  appropri-
ations[,]  AND  SHALL DESIGNATE FOR EACH APPROPRIATION A GRANTEE OF SUCH
APPROPRIATION, and [provided further that]  for  all  non-federal  state
operations  appropriations,  such bill or bills shall only contain item-
ized appropriations and shall be made, where practicable, by agency, and
within each agency by program and within each program at  the  following
level of detail and in the following order:
  (a)  by  fund  type,  which  at  a minimum shall include general fund,
special revenue-other funds, capital projects  funds  and  debt  service
funds;
  (b) for personal service appropriations, separate appropriations shall
be  made  for  regular personal service, temporary personal service, and
holiday and overtime pay;
  (c) for nonpersonal service  appropriations,  separate  appropriations
shall  be made for supplies and materials, travel, contractual services,
equipment and fringe benefits, as appropriate.
  5. [Any appropriation added pursuant to section four of article  seven
of  the  constitution  without  designating a grantee shall be allocated
only pursuant to a plan setting forth an itemized list of grantees  with
the  amount  to  be  received by each, or the methodology for allocating
such appropriation. Such plan shall be subject to the  approval  of  the
chair  of  the  senate finance committee, the chair of the assembly ways
and means committee, and the director  of  the  budget,  and  thereafter
shall be included in a concurrent resolution calling for the expenditure
of  such monies, which resolution must be approved by a majority vote of
all members elected to each house upon a roll call vote.] THE PROVISIONS
OF THIS SECTION SHALL NOT  PRECLUDE  MEMBERS  OF  THE  LEGISLATURE  FROM
COLLABORATING WITH EACH OTHER IN THE SELECTION OF MEMBER ITEMS AND PACK-
AGING  THEIR  INDIVIDUAL  MEMBER  ITEM  ALLOCATIONS  TOGETHER WITH OTHER
MEMBER'S ALLOCATIONS FOR SPECIFIED REGIONAL OR JOINT PROJECTS.
  S 3. Section 99-d of the state finance law, as added by chapter 474 of
the laws of 1996, is renumbered section 99-u and the section heading and
subdivision 1, subdivision 1 as amended by section 2 of part BB of chap-
ter 686 of the laws of 2003, are amended to read as follows:
  [Community] LEGISLATIVE 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 LEGISLATIVE
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.
  S 4. The state finance law is amended by adding a new section 99-v  to
read as follows:
  S  99-V.  EXECUTIVE COMMUNITY PROJECTS FUND. 1. THERE IS HEREBY ESTAB-
LISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE  COMMISSIONER  OF

S. 1681--A                          5

TAXATION  AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE EXECUTIVE COMMU-
NITY 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.  MONIES  MAY  NOT  BE  TRANSFERRED OR LOANED
BETWEEN  THE  ACCOUNTS  OF  THIS  FUND,  UNLESS  SPECIFICALLY  OTHERWISE
PROVIDED  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  SUBDIVI-
SION 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  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 APPRO-
PRIATIONS 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,  GRANTS,  OR
AGREEMENTS EXECUTED BY ANY STATE OFFICER, EMPLOYEE, DEPARTMENT, INSTITU-
TION,  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  AVAIL-
ABLE IN AN ACCOUNT OF THIS FUND.

S. 1681--A                          6

  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.
  S 5. This act does not preclude either house of the legislature or the
governor  from  adopting more stringent standards through its own guide-
lines or through the application process.
  S 6. Member item grants shall continue to be subject to review by  the
respective  assembly  and  senate fiscal and counsel staffs, division of
the budget, the administering state agency,  the  office  of  the  state
comptroller, and the office of the attorney general. Nothing in this act
shall  limit  the  authority  of  the state comptroller and the attorney
general to review member item grant recipients or member item grants.
  S 7. This act shall take effect immediately.

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