S T A T E O F N E W Y O R K
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10670
I N A S S E M B L Y
June 11, 2016
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Galef) --
read once and referred to the Committee on Governmental Operations
AN ACT to amend the legislative law, in relation to defining and identi-
fying member items, discretionary funds and unitemized lump sum appro-
priations; and to amend the state finance law, in relation to creating
the executive community projects fund
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, DISCRETIONARY FUNDS AND UNITEMIZED LUMP SUM
APPROPRIATIONS. 1. AS USED IN THIS SECTION, THE TERM "MEMBER ITEM,
DISCRETIONARY FUND OR UNITEMIZED LUMP SUM APPROPRIATION" SHALL MEAN A
BUDGETARY ALLOCATION AS FUNDED BY THE LEGISLATIVE COMMUNITY PROJECTS
FUND AS DEFINED IN SECTION 98-D OF THE STATE FINANCE LAW, AND THE EXECU-
TIVE COMMUNITY PROJECTS FUND AS DEFINED IN SECTION 98-E 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 INTERNAL REVENUE CODE IN NEW YORK STATE, A
STATE AGENCY, A MUNICIPALITY OR THEIR AFFILIATED DEPARTMENT, UNIVERSITY,
COLLEGE, OR SCHOOL DISTRICT.
2. THE LEGISLATURE SHALL PRODUCE AND MAKE PUBLIC A COMPILED QUARTERLY
REPORT WITH RESPECT TO EACH MEMBER ITEM, DISCRETIONARY FUND OR UNITEM-
IZED LUMP SUM APPROPRIATION, THE NAME OF THE MEMBER OF THE SENATE, THE
MEMBER OF THE ASSEMBLY, THE GOVERNOR, OR ANY STATE ELECTED OFFICIAL THAT
IS SPONSORING THE MEMBER ITEM DISCRETIONARY FUND OR UNITEMIZED LUMP SUM
APPROPRIATION, THE DOLLAR AMOUNT OF THE MEMBER ITEM DISCRETIONARY FUND
OR UNITEMIZED LUMP SUM APPROPRIATION TO BE APPROPRIATED, THE NAME OF THE
LOCAL PROJECT, ORGANIZATION, OR OTHER ENTITY RECEIVING SUCH MEMBER ITEM
DISCRETIONARY FUND OR UNITEMIZED LUMP SUM APPROPRIATION. SUCH COMPILED
QUARTERLY REPORTS DETAILING AND DISCLOSING THE USE OF SUCH FUNDS SHALL
START WITH THE DATE OF THE ENACTING STATE BUDGET WITH UPDATED REPORTS
BEING DELIVERED ON EACH FIRST DAY OF EVERY FOURTH MONTH THEREAFTER. SUCH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15832-01-6
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PUBLICATION SHALL, AT A MINIMUM, BE PUBLISHED ON THE WEBSITE OF EACH
HOUSE OF THE LEGISLATURE IN A MANNER THAT IS EASILY ACCESSIBLE.
3. ANY MEMBER ITEM, DISCRETIONARY FUND OR UNITEMIZED LUMP SUM APPRO-
PRIATION APPROPRIATED BY THE LEGISLATURE SHALL BE SET FORTH SEPARATELY
AND APART FROM EVERY OTHER MEMBER ITEM, DISCRETIONARY FUND OR UNITEMIZED
LUMP SUM APPROPRIATION IN THE STATE BUDGET IN ORDER TO CLEARLY IDENTIFY
EACH LEGISLATOR'S OR GOVERNOR'S REQUEST.
S 2. Section 99-d of the state finance law, as added by chapter 474 of
the laws of 1996, is renumbered section 98-d 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 3. The state finance law is amended by adding a new section 98-e to
read as follows:
S 98-E. 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
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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.
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 4. 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 5. This act shall take effect immediately.