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
                               ___________

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
              

A. 10670                            2

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

A. 10670                            3

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.