NY State Senate Bill 2015-S957A

Senate Bill S957A

2015-2016 Legislative Session

Clarifies the qualification of member items, discretionary funds and unitemized lump sum appropriations

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Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 03, 2016	print number 957a
Feb 03, 2016	amend and recommit to investigations and government operations
Jan 06, 2016	referred to investigations and government operations
Jan 07, 2015	referred to investigations and government operations

Bill Amendments

Original

A (Active)

co-Sponsors

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2015-S957 - Details

See Assembly Version of this Bill:: A5307
Current Committee:: Senate Investigations And Government Operations
Law Section:: Legislative Law
Laws Affected:: Add §54-b, Leg L; amd §24, ren §99-d to be §99-y, amd §99-y, add §99-z, St Fin L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7007, A10116
2011-2012: S1681, A855
2013-2014: S920, A641
2017-2018: S3064

2015-S957 - Summary

Clarifies the qualification of member items, discretionary funds and unitemized lump sum appropriations; authorizes the legislative ethics commission to review violations and requires that all be fully itemized; defines terms; establishes the executive community projects fund

2015-S957 - Sponsor Memo

                                BILL NUMBER:S957

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
2012: S.1681A
2013-2014: S.920 - Referred to Investigations & Government Operations

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

Immediately.

2015-S957 - Bill Text download pdf

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

                                   957

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 7, 2015
                               ___________

Introduced  by  Sens.  SERRANO,  BONACIC,  BRESLIN, DeFRANCISCO, GRIFFO,
  KRUEGER, LITTLE, PERALTA, RIVERA, SANDERS, SAVINO,  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-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-W OF THE STATE
FINANCE  LAW,  AND  THE  EXECUTIVE COMMUNITY PROJECTS FUND AS DEFINED IN
SECTION NINETY-NINE-X 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.
                                                           LBD00053-01-5

S. 957                              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. 957                              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. 957                              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.  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-w 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-x  to
read as follows:
  S  99-X.  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

S. 957                              5

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.
  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. 957                              6

  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.

co-Sponsors

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2015-S957A (ACTIVE) - Details

See Assembly Version of this Bill:: A5307
Current Committee:: Senate Investigations And Government Operations
Law Section:: Legislative Law
Laws Affected:: Add §54-b, Leg L; amd §24, ren §99-d to be §99-y, amd §99-y, add §99-z, St Fin L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7007, A10116
2011-2012: S1681, A855
2013-2014: S920, A641
2017-2018: S3064

2015-S957A (ACTIVE) - Summary

2015-S957A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S957A

 TITLE OF BILL :

An act to amend the legislative law, in relation to clarifying the
appropriation and qualification of member items, discretionary funds
and unitemized lump sum appropriations and authorizes the legislative
ethics commission to review violations of the qualification of member
items, discretionary funds and unitemized lump sum appropriations; and
to amend the state finance law, in relation to requiring that all
member items, discretionary funds and unitemized lump sum
appropriations be fully itemized

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this legislation is to clarify the qualification of
member items, discretionary funds and unitemized lump sum
appropriations. Also, to prevent conflicts of interest in the
distribution of these funds, increase transparency of the process, and
ensure that the funds are used efficiently.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. The Legislative Law is amended by adding a new section.

§ 54-b. Member items, discretionary funds and unitemized lump sum

appropriations (MIDFULSA).

1. Defines 'MIDFULSA'.

2. MIDFULSA shall not be appropriated when a conflict of interest
exists between the legislator or governor designating the MIDFULSA and
the potential recipient. A MIDFULSA cannot fund an organization that
employs or compensates legislators or the governor, their families,
anyone sharing a home with them, or a member of their staff, for
services or labor rendered, or if any of the above mentioned people
are 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
organization.

3. Prior to the appropriation of MIDFULSA, the legislature shall: (a)
provide each member receive an equal share of the dollar amount
allocated to the respective legislative body; (b) require requester
submit a signed conflict of interest form along with the member item
request; (c) have state agencies that provide funding for MIDFULSA
evaluate the spending of such funds by the local project, organization
or other entity receiving such funds. The state agency shall track the
funds; (d) ensure the grants are designated for public purposes,
provided in support of services and activities that benefit
communities or the whole state, are only designated for not-for-profit
organizations, municipalities, agencies, universities, colleges or
school districts, are for activities and programs conducted within
NYS, are not to be redistributed, are to be used only for the purpose
stated in the funding request, are not to be used to fund loan
programs, are not to be used to fund an entity in bankruptcy,
receivership, or foreclosure or to fund legal or administrative
expenses related to bankruptcy, receivership or foreclosure
proceedings, or to pay for any arrears or current obligations for
federal, state, or municipal taxes, are not to be the only significant
source of funding for the organization, are to have grant applications
that include a brief description of the project to be funded, and are
not to be used by recipients to pay wages or other employee benefits;
and (e) the legislature shall produce and make public a compiled
quarterly report, which shall include the name of the elected official

requesting the funds, the dollar amount, the name of the project,
organization or entity receiving the MIDFULSA.

4. All MIDFULSA recipients shall provide certification of proper use
of funds received. Further provisions are outlined.

5. Prior to submitting an application for a MIDFULSA, each
organization seeking an allocation must meet pre-certification
standards as established by the Office of the NYS Attorney General.
It further explains the standards that are required to be met.

6. Any state agency that provides funding for MIDFULSA shall review
MIDFULSA spending on an annual basis and review grant recipients' use
of grant money.

7. Any MIDFULSA appropriated by the legislature shall be set forth
separately and apart from every other MIDFULSA 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 misuse are to be directed to the legislative
ethics commission or the commission on public integrity. Each
complaint shall be investigated.

Section 2. Subdivisions 4 and 5 of section 24 of the State Finance
Law, are amended as follows: 4. Any appropriation added to such budget
bills shall only contain itemized appropriations which shall not be in
the form of lump sum appropriations and shall designate for each
appropriation a grantee of such appropriation, and for all non-federal
state operations appropriations, such bill or bills shall only contain
itemized appropriations and shall be made, where practicable, by
agency, and within each agency by program and within each program at
various levels of detail. It also adds that the provisions of this
section shall not preclude members of the legislature from
collaborating with each other in the selection of member items and
packaging their individual member item allocation together with other
member's allocations for specified regional or joint projects.

Section 3. Section 99-d of the State Finance law is amended by
replacing 'community' with 'legislative community'.

Section 4. The State Finance Law is amended by adding a new section
99-x. § 99-z. Executive 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
Executive Community Projects Fund. 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 of deposited.
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
subdivision two of this section, but only from such fund or funds
authorized to provide such transfers. (b) Pertains to transfer of
funds at the close of each fiscal year. 4. 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, with
additional provisions. 5. The director of the budget issues a
certificate of approval for any appropriation in any account of this
fund within a specified time frame. 6. (a) The state shall not be
liable for payments pursuant to any contract, grant or agreement made
pursuant  to an appropriation in an account of this fund if
insufficient monies are available for transfer to such account of this
fund.after required transfers. (b) The exhaustion of funds available
for such transfers shall not preclude the approval of contracts
hereunder pursuant to this chapter. 7. Monies shall be paid out of
such accounts on the audit and warrant of state comptroller on
vouchers certified or approved by the head of the appropriate agency.

Section 5. This act does not preclude either house or the governor
from adopting more stringent standards.

Section 6. MIDFULSA shall continue to be subject to review by
respective assembly and senate fiscal and counsel staffs, etc.

Section 7. Establishes the effective date.

 JUSTIFICATION :

The member item process is neither equitable, open not 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 the 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 hole 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
2012:  S.1681A
2013-2014: S.920 - Referred to Investigations & Government Operations

 FISCAL IMPLICATIONS :

The fiscal implications have not yet been determined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S957A (ACTIVE) - Bill Text download pdf

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

                                 957--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 7, 2015
                               ___________

Introduced  by  Sens.  SERRANO,  BONACIC,  BRESLIN, DeFRANCISCO, GRIFFO,
  KRUEGER, LITTLE, PERALTA, RIVERA, SANDERS, SAVINO,  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 -- recommitted to the Committee on Investigations  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,  discretionary  funds
  and  unitemized lump sum appropriations and authorizes the legislative
  ethics commission to review violations of the qualification of  member
  items, discretionary funds and unitemized lump sum appropriations; and
  to  amend  the  state  finance  law, in relation to requiring that all
  member items, discretionary funds and unitemized  lump  sum  appropri-
  ations 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, 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 NINETY-NINE-Y OF THE STATE FINANCE  LAW,  AND
THE   EXECUTIVE   COMMUNITY   PROJECTS   FUND   AS  DEFINED  IN  SECTION
NINETY-NINE-Z 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 AFFIL-
IATED DEPARTMENT, UNIVERSITY, COLLEGE, OR SCHOOL DISTRICT.
  2. MEMBER ITEMS, DISCRETIONARY FUNDS OR UNITEMIZED LUMP SUM  APPROPRI-
ATIONS  SHALL  NOT  BE  APPROPRIATED  WHEN A CONFLICT OF INTEREST EXISTS
BETWEEN THE LEGISLATOR OR GOVERNOR DESIGNATING THE MEMBER ITEM,  DISCRE-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00053-09-6

S. 957--A                           2

TIONARY  FUND  AND  UNITEMIZED  LUMP SUM APPROPRIATION AND THE POTENTIAL
RECIPIENT. A MEMBER ITEM, DISCRETIONARY  FUND  OR  UNITEMIZED  LUMP  SUM
APPROPRIATION CANNOT FUND ORGANIZATIONS THAT EMPLOY OR OTHERWISE COMPEN-
SATE  THE LEGISLATOR OR GOVERNOR, A MEMBER OF THE LEGISLATOR'S OR GOVER-
NOR'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,  DISCRETIONARY  FUNDS  AND UNITEMIZED LUMP SUM
APPROPRIATIONS IF THE LEGISLATOR OR GOVERNOR, A MEMBER OF  THE  LEGISLA-
TOR'S  OR GOVERNOR'S FAMILY, ANY PERSON SHARING THE HOME OF THE LEGISLA-
TOR 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 ORGANIZATION.
  3.  PRIOR TO THE APPROPRIATION OF MEMBER ITEMS DISCRETIONARY FUNDS AND
UNITEMIZED LUMP SUM APPROPRIATIONS, 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
DISCRETIONARY FUNDS OR UNITEMIZED LUMP SUM  APPROPRIATION  ALLOCATED  TO
THE RESPECTIVE LEGISLATIVE BODY;
  (B)  REQUIRE  THE  LEGISLATOR OR GOVERNOR REQUESTING SUCH MEMBER ITEM,
DISCRETIONARY FUND OR UNITEMIZED LUMP  SUM  APPROPRIATION  TO  SUBMIT  A
SIGNED  CONFLICT OF INTEREST FORM ALONG WITH THE MEMBER ITEM DISCRETION-
ARY FUND OR UNITEMIZED LUMP SUM APPROPRIATION  REQUEST  FORM  TO  ENSURE
THAT  NO  CONFLICT  OF INTEREST EXISTS. THE LEGISLATOR 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, DISCRETIONARY FUND OR UNITEMIZED LUMP SUM APPROPRI-
ATION FUNDING. SUCH A CONFLICT OF INTEREST FORM SHALL BE SIGNED  BY  THE
LEGISLATOR OR GOVERNOR UNDER PENALTY OF PERJURY, STATING THAT THE MEMBER
ITEM,  DISCRETIONARY  FUND  OR  UNITEMIZED LUMP SUM APPROPRIATION 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, DISCRETIONARY FUNDS AND UNITEMIZED LUMP SUM APPROPRIATIONS EVALU-
ATE  THE  SPENDING  OF  SUCH  MEMBER ITEM FUNDS, DISCRETIONARY FUNDS AND
UNITEMIZED LUMP SUM APPROPRIATIONS 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;

S. 957--A                           3

  (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.
  (E) 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
PUBLICATION SHALL, AT A MINIMUM, BE PUBLISHED ON  THE  WEBSITE  OF  EACH
HOUSE OF THE LEGISLATURE IN A MANNER THAT IS EASILY ACCESSIBLE.
  4.  ALL MEMBER ITEM, DISCRETIONARY FUND AND UNITEMIZED LUMP SUM APPRO-
PRIATION 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, DISCRE-
TIONARY FUND OR UNITEMIZED LUMP SUM APPROPRIATION RECIPIENT ORGANIZATION
SHALL ATTEST UNDER PENALTY OF PERJURY THAT  THE  RECIPIENT  ORGANIZATION
ACTUALLY  SPENT  THE  MEMBER  ITEM  GRANT  MONEY,  DISCRETIONARY FUND OR
UNITEMIZED LUMP SUM APPROPRIATION IN THE MANNER  AND  FOR  THE  PURPOSES
DESIGNATED  IN ITS APPLICATION FOR A MEMBER ITEM, DISCRETIONARY FUND AND
ITEMIZED LUMP SUM APPROPRIATION  ALLOCATION.  FOR  ALLOCATIONS  TOTALING
MORE  THAN  FIFTY  THOUSAND DOLLARS, A DULY AUTHORIZED REPRESENTATIVE OF
THE MEMBER ITEM, DISCRETIONARY FUND OR UNITEMIZED LUMP SUM APPROPRIATION
RECIPIENT ORGANIZATION SHALL ATTEST UNDER PENALTY OF  PERJURY  THAT  THE
RECIPIENT  ORGANIZATION  ACTUALLY  SPENT  THE  MEMBER  ITEM GRANT MONEY,
DISCRETIONARY FUND OR UNITEMIZED LUMP SUM APPROPRIATION  IN  THE  MANNER
AND  FOR  THE  PURPOSES DESIGNATED IN ITS APPLICATION FOR A MEMBER ITEM,
DISCRETIONARY FUND AND ITEMIZED LUMP SUM  APPROPRIATION  ALLOCATION  AND
SHALL  FILE  A  FINAL  REPORT,  UNDER  PENALTY OF PERJURY, DETAILING THE
EXPENDITURES. SUCH REPORT SHALL BE SUBMITTED BY MAY THIRTY-FIRST OF  THE
CALENDAR  YEAR  FOLLOWING  THE  CALENDAR  YEAR IN WHICH THE MEMBER ITEM,
DISCRETIONARY FUND OR UNITEMIZED LUMP SUM  APPROPRIATION  WAS  ALLOCATED
AND  SHALL  FOLLOW THE REQUIREMENTS ESTABLISHED BY THE ATTORNEY GENERAL.
NO FUTURE MEMBER ITEM GRANTS, DISCRETIONARY FUNDS OR UNITEMIZED LUMP SUM
APPROPRIATIONS SHALL BE APPROVED FOR AN ORGANIZATION WHICH HAS PREVIOUS-
LY RECEIVED A MEMBER ITEM, DISCRETIONARY  FUND  AND  ITEMIZED  LUMP  SUM
APPROPRIATION  ALLOCATION  UNTIL  SUCH  DOCUMENTS  HAVE  BEEN SIGNED AND
RECEIVED BY THE OFFICE OF THE NEW YORK STATE ATTORNEY GENERAL.

S. 957--A                           4

  5. PRIOR TO SUBMITTING AN APPLICATION FOR A MEMBER ITEM, DISCRETIONARY
FUND AND ITEMIZED LUMP SUM APPROPRIATION ALLOCATION,  EACH  ORGANIZATION
SEEKING  A  MEMBER ITEM, DISCRETIONARY FUND AND ITEMIZED LUMP SUM APPRO-
PRIATION ALLOCATION MUST MEET PRE-CERTIFICATION 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-CERTIFI-
CATION IS A CERTIFIED TAX-EXEMPT NON-PROFIT ORGANIZATION  UNDER  SECTION
501(C)(3)  OF THE INTERNAL REVENUE CODE IN NEW YORK STATE, A STATE AGEN-
CY, A MUNICIPALITY OR THEIR AFFILIATED 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  ORGAN-
IZATION HAS RECEIVED MEMBER ITEM FUNDING, DISCRETIONARY FUNDS OR UNITEM-
IZED  LUMP  SUM  APPROPRIATIONS 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 ADDITIONAL REGULATORY STANDARDS ESTABLISHED BY THE ATTORNEY
GENERAL.
  6. ANY STATE AGENCY THAT PROVIDES FUNDING FOR  MEMBER  ITEMS,  DISCRE-
TIONARY  FUNDS OR UNITEMIZED LUMP SUM APPROPRIATIONS SHALL REVIEW MEMBER
ITEM SPENDING, DISCRETIONARY FUNDS AND  UNITEMIZED  LUMP  SUM  APPROPRI-
ATIONS  ON AN ANNUAL BASIS AND PERIODICALLY REVIEW GRANT RECIPIENTS' USE
OF GRANT MONEY.
  7. 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.
  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, DISCRETIONARY FUND OR UNITEMIZED LUMP SUM APPROPRIATION TO  COMPLY
WITH THE PROVISIONS OF THIS CHAPTER SHALL BE SUBMITTED TO (A) THE LEGIS-
LATIVE  ETHICS  COMMISSION  WITH  REGARD TO A MEMBER ITEM, DISCRETIONARY
FUND OR  UNITEMIZED  LUMP  SUM  APPROPRIATION  ALLOCATION  MADE  AT  THE
DISCRETION  OF  A  LEGISLATOR, OR (B) THE COMMISSION ON PUBLIC INTEGRITY
WITH REGARD TO A MEMBER ITEM, DISCRETIONARY FUND OR UNITEMIZED LUMP  SUM
APPROPRIATION  ALLOCATION  MADE  AT THE DISCRETION OF THE GOVERNOR. EACH
COMPLAINT SHALL BE INVESTIGATED IN ACCORDANCE WITH THE RULES AND  PROCE-
DURES 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;

S. 957--A                           5

  (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,  DISCRETIONARY  FUND  OR  UNITEMIZED
LUMP  SUM  APPROPRIATION  ALLOCATIONS TOGETHER WITH OTHER MEMBER'S ALLO-
CATIONS 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-y 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-z  to
read as follows:
  S  99-Z.  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-

S. 957--A                           6

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.
  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, discretionary funds and unitemized  lump  sum
appropriations  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, discretionary fund or unitemized lump sum appropri-
ation recipients or member item grants, discretionary funds and  unitem-
ized lump sum appropriations.
  S 7. This act shall take effect immediately.

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Senate Bill S957A

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Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Bill Amendments

co-Sponsors

2015-S957 - Details

2015-S957 - Summary

2015-S957 - Sponsor Memo

2015-S957 - Bill Text download pdf

co-Sponsors

2015-S957A (ACTIVE) - Details

2015-S957A (ACTIVE) - Summary

2015-S957A (ACTIVE) - Sponsor Memo

2015-S957A (ACTIVE) - Bill Text download pdf

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