NY State Senate Bill 2017-S3064

Senate Bill S3064

2017-2018 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
Jan 03, 2018	referred to investigations and government operations
Jan 19, 2017	referred to investigations and government operations

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2017-S3064 (ACTIVE) - Details

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-m, amd §99-m, add §99-g, St Fin L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7007
2011-2012: S1681
2013-2014: S920
2015-2016: S957

2017-S3064 (ACTIVE) - 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

2017-S3064 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3064

 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, munici- palities, 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
2015-2016: S.957A - Amended and Recommitted to Investigations and
Government Operations

 FISCAL IMPLICATIONS :

The fiscal implications have not yet been determined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S3064 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3064
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2017
                                ___________
 
 Introduced  by  Sens.  SERRANO,  BONACIC,  BRESLIN, DeFRANCISCO, GRIFFO,
   KRUEGER, LITTLE, PERALTA, RIVERA, SANDERS, SAVINO,  SERINO,  SQUADRON,
   STAVISKY  --  read  twice  and ordered printed, and when printed to be
   committed to the Committee on Investigations and Government Operations
 
 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:
   §  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-M OF THE STATE FINANCE LAW, AND
 THE  EXECUTIVE  COMMUNITY  PROJECTS   FUND   AS   DEFINED   IN   SECTION
 NINETY-NINE-G  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-
 TIONARY FUND AND UNITEMIZED LUMP SUM  APPROPRIATION  AND  THE  POTENTIAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08513-01-7

 S. 3064                             2
 
 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. 3064                             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. 3064                             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.
   §  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. 3064                             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.
   § 3. Section 99-d of the state finance law, as added by chapter 474 of
 the laws of 1996, is renumbered section 99-m 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.
   § 4. The state finance law is amended by adding a new section 99-g  to
 read as follows:
   §  99-G.  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. 3064                             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.
   § 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.
   § 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.
   § 7. This act shall take effect immediately.

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