S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10632
 
                           I N  A S S E M B L Y
 
                               June 20, 2024
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Rajkumar) --
   read once and referred to the Committee on Ways and Means
 
 AN ACT to amend the state finance law, in relation to requiring itemized
   appropriations  and prohibiting lump sum appropriations in the budget;
   and to repeal certain provisions of such law relating thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. This act shall be known and may be cited as the "appropri-
 ate appropriations act".
   § 2. Subdivision 1 of section 24 of the state finance law, as  amended
 by chapter 1 of the laws of 2007, is amended to read as follows:
   1.  The  budget submitted annually by the governor shall be simultane-
 ously accompanied by a bill or bills for all proposed appropriations and
 reappropriations and for the proposed  measures  of  taxation  or  other
 legislation,  if any, recommended therein. Such bills shall be submitted
 by the governor and shall be known as budget bills;  PROVIDED,  HOWEVER,
 THAT  ALL  APPROPRIATIONS  AND REAPPROPRIATIONS CONTAINED IN SUCH BUDGET
 BILLS SHALL ONLY CONTAIN ITEMIZED APPROPRIATIONS WHICH SHALL NOT  BE  IN
 THE  FORM  OF  LUMP SUM APPROPRIATIONS. FOR THE PURPOSES OF THIS ARTICLE
 AND ARTICLE FOUR OF THIS CHAPTER, "ITEMIZED APPROPRIATION" SHALL MEAN AN
 APPROPRIATION PURSUANT TO ARTICLE SEVEN OF THE STATE  CONSTITUTION  THAT
 SPECIFICALLY  RELATES  TO  A  PROGRAM WHICH IS INCLUDED IN THE FINANCIAL
 PLAN PRESENTED AS PART OF   THE BUDGET  SUBMITTED  PURSUANT  TO  SECTION
 TWENTY-TWO  OF  THIS  ARTICLE  THAT   BEARS   THE FINANCIAL PLAN PROGRAM
 REFERENCE NUMBER OR NUMBERS TO WHICH IT SHALL   PERTAIN,   AND SHALL  BE
 CLASSIFIED  INTO THE SAME CATEGORY AS THE ASSOCIATED PROGRAM OR PROGRAMS
 HAVE BEEN CLASSIFIED IN SUCH FINANCIAL PLAN;  AND  IS  NOT  A  LUMP  SUM
 APPROPRIATION AS DEFINED IN SECTION TWO OF THIS CHAPTER.
   (a)  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 with-
 in  each  program  at the following level of detail and in the following
 order:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14776-03-4
              

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   (i) by fund type, which at  a  minimum  shall  include  general  fund,
 special  revenue-other  funds,  capital projects funds, and debt service
 funds;
   (ii)  for  personal  service  appropriations,  separate appropriations
 shall be made for regular personal service, temporary personal  service,
 and holiday and overtime pay;
   (iii)  for nonpersonal service appropriations, separate appropriations
 shall be made for supplies and materials, travel, contractual  services,
 equipment, and fringe benefits, as appropriate.
   (b) Any appropriation for temporary assistance for needy families, the
 environmental protection fund, and the medical assistance program, shall
 only  contain itemized appropriations [which shall not be in the form of
 lump sum appropriations,]; provided, however, for the  purposes  of  the
 medical  assistance  program,  itemized  appropriations shall consist of
 categories-of-service with separate appropriations  for  hospital  inpa-
 tient,  hospital  outpatient  and  emergency room, clinic, nursing home,
 other long-term care, managed care,  pharmacy,  dental,  transportation,
 and other non-institutional services.
   §  3. Subdivision 5 of section 24 of the state finance law is REPEALED
 and a new subdivision 5 is added to read as follows:
   5. (A) TO THE EXTENT THAT ANY APPROPRIATION OR REAPPROPRIATION  EITHER
 DOES  NOT IDENTIFY A SPECIFIC RECIPIENT, OR IS NOT SUBJECT TO ALLOCATION
 BY A STATUTORY FORMULA,  SUCH  APPROPRIATION  OR  REAPPROPRIATION  SHALL
 IDENTIFY AN ADMINISTERING STATE AGENCY OR PUBLIC AUTHORITY AND, PRIOR TO
 THE DISBURSEMENT OF ANY FUNDS SO APPROPRIATED, EACH SUCH STATE AGENCY OR
 PUBLIC AUTHORITY SHALL:
   (I) DEVELOP AND EXECUTE A PROCESS IN ACCORDANCE WITH ALL PROVISIONS OF
 LAW  APPLICABLE TO A PROGRAM ADMINISTERED BY A STATE AGENCY WHEREBY EACH
 PROJECT PROPOSED TO BE FUNDED WITH SUCH APPROPRIATION OR REAPPROPRIATION
 SHALL BE SCORED AND RANKED BASED  ON  CLEAR,  MEASURABLE  AND  OBJECTIVE
 CRITERIA.  THE  RANKING  OF  SUCH PROJECTS SHALL INDICATE THEIR RELATIVE
 IMPORTANCE IN THE BEST INTEREST OF THE STATE;
   (II) DEVELOP AND EXECUTE A PROCESS IN ACCORDANCE WITH  ALL  PROVISIONS
 OF LAW APPLICABLE TO A PROGRAM ADMINISTERED BY A STATE AGENCY FOR ENTER-
 ING  INTO  ANY CONTRACT OR COMMITMENT FOR THE DISBURSEMENT OF SUCH FUNDS
 WHICH SHALL INCLUDE, WHERE APPROPRIATE, PUBLIC ADVERTISING FOR  BIDS  OR
 PROPOSALS,  AND  A METHOD FOR AWARDING CONTRACTS UNDER EACH PROJECT THAT
 SHALL PERMIT FULL AND FREE COMPETITION. SUCH METHOD SHALL  BE  BASED  ON
 CLEAR, MEASURABLE AND OBJECTIVE CRITERIA; AND
   (III)  IDENTIFY  EACH  PROJECT TO BE FUNDED WITH SUCH APPROPRIATION OR
 REAPPROPRIATION AND THE PORTION OF SUCH APPROPRIATION OR REAPPROPRIATION
 TO BE ALLOCATED TO EACH PROJECT.
   (B) ANY APPROPRIATION ADDED PURSUANT TO SECTION FOUR OF ARTICLE  SEVEN
 OF  THE  CONSTITUTION SHALL IDENTIFY A SPECIFIC RECIPIENT OR GRANTEE, OR
 SHALL BE SUBJECT TO ALLOCATION BY  A  STATUTORY  FORMULA,  OR  SHALL  BE
 SUBJECT  TO  ALLOCATION  PURSUANT  TO THE PROVISIONS OF PARAGRAPH (A) OF
 THIS SUBDIVISION.
   § 4. Subdivision 1 of section 27 of the state finance law, as added by
 chapter 836 of the laws of 1992, is amended to read as follows:
   1. Each fiscal year the budget submitted by the governor shall contain
 separate and distinct appropriations[, which may be lump  sum  appropri-
 ations,] for scheduled maintenance activities.
   §  5.  The  state finance law is amended by adding a new section 28 to
 read as follows:
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   § 28. ITEMIZATION OF GRANTS. 1. FOR ANY FUND THAT PROVIDES GRANTS, THE
 GOVERNOR SHALL MAINTAIN AN ONLINE DATABASE  OF  ALL  INDIVIDUAL  GRANTS.
 SUCH DATABASE SHALL INCLUDE:
   (A) THE AWARD AMOUNT;
   (B) THE AGENCY THAT ADMINISTERED THE GRANT FUND;
   (C) THE NAME OF THE FUND;
   (D) THE DATE OF THE CONTRACT AWARD;
   (E)  THE  GRANTEE'S NAME, EIN AND ADDRESS, AND THE SENATE AND ASSEMBLY
 DISTRICT WHICH REPRESENTS SUCH GRANTEE;
   (F) THE NAME OF ANY LEGISLATORS WHO  NOMINATED  THE  GRANTEE,  OR  WHO
 SUBMITTED  OR CO-SIGNED A WRITTEN RECOMMENDATION IN SUPPORT OF THE GRAN-
 TEE;
   (G) THE ITEMIZED APPROPRIATION AUTHORIZING THE GRANT OR GRANT FUND;
   (H) ANY ADDITIONAL STATE GRANTS FOR THE SAME PROJECT FROM ANY YEAR;
   (I) PROJECT STATUS; AND
   (J) THE ORIGINAL SOLICITATION DOCUMENTS AND  GRANTEE'S  SUBMISSION  OR
 SUBMISSIONS IN RESPONSE THEREOF.
   2.  PROVIDED  FURTHER, ANY GRANT OR GRANTS WHOSE TOTAL IS IN EXCESS OF
 ONE MILLION DOLLARS TO A SINGLE GRANTEE FROM A SINGLE COMPETITIVE  GRANT
 FUND  SHALL  BE  AN  ITEMIZED APPROPRIATION IN A BUDGET BILL PURSUANT TO
 SECTION TWENTY-TWO OF THIS ARTICLE.
   § 6. Subdivision 6 of section 44 of the state finance law, as  amended
 by chapter 393 of the laws of 1952, is amended to read as follows:
   6.  No  position, contained in a schedule of positions in an appropri-
 ation act [or in an approved segregation of  a  lump  sum  appropriation
 pursuant  to this chapter,] shall, during the period for which funds are
 appropriated or segregated for such position, be  transferred  from  the
 organizational  unit  in which such position appears in such schedule or
 segregation except upon request of the head of  a  department  or  other
 state  agency  and approval by the director of the budget. When approved
 by the director of the budget, he shall issue a certificate to the  head
 of the department or other state agency in which the position exists and
 to  the  state  comptroller authorizing the transfer of the position and
 the appropriation made therefor. Copies of  such  certificate  shall  be
 filed  with  the  senate  finance committee, the assembly ways and means
 committee and the state civil service commission.
   § 7. Section 49 of the state finance law is REPEALED.
   § 8. Section 51 of the state finance law, as amended by chapter 577 of
 the laws of 1988, is amended to read as follows:
   § 51. Interchange of appropriations or items therein. No appropriation
 shall be increased or decreased  by  transfer  or  otherwise  except  as
 provided for in this section or section fifty-three, sixty-six-f, seven-
 ty-two  or  ninety-three of this chapter, or article eight of the educa-
 tion law. Whenever an appropriation is made from a fund to a  department
 or  agency  and  is  accompanied  by  a schedule showing the programs or
 purposes for which such appropriation may be expended, the amount appro-
 priated for any item or items within any program  or  purpose  for  such
 department  or  agency may be increased or decreased by interchange with
 amounts appropriated from such fund for any other item or  items  within
 the  same program or purpose, or with other items appropriated from such
 fund not in the same program or purpose but which are contained  in  the
 state  comptroller's  classification  of items as last promulgated, with
 the approval of the director of the budget, who shall file such approval
 with the office of the state comptroller and  copies  thereof  with  the
 senate  finance committee and the assembly ways and means committee. The
 amounts appropriated to a department or agency from a particular fund in
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 a fiscal year for the programs or purposes of such department or  agency
 may  be  interchanged  among  such  programs  or purposes under the same
 conditions as heretofore described except that the total  amount  appro-
 priated  for any program or purpose may not be increased or decreased by
 more than the aggregate of five per  cent  of  the  first  five  million
 dollars,  four  percent of the second five million dollars and three per
 cent of amounts in excess of ten million dollars of an appropriation for
 a program or purpose. [The allocation of lump sum appropriations from  a
 fund  made  to a department or agency for later distribution to programs
 or purposes or to the units of the state university to the allocation of
 lump sum appropriations made to all state departments and  agencies  for
 later  allocation  for specific programs or purposes shall not be deemed
 to be part of such total increase or decrease.]
   § 9. Section 42 of the  state  finance  law  is  amended  to  read  as
 follows:
   § 42. Limitation on expenditures.  The several amounts appropriated in
 any  act  shall  be  deemed  to  be only for so much thereof as shall be
 sufficient to accomplish in full the purposes designated by  the  appro-
 priations  and shall be paid by the division of the treasury, department
 of taxation and finance, from the respective funds as specified,  pursu-
 ant  to  the  requirements of this chapter, PROVIDED, HOWEVER, THAT SUCH
 LIMITATION SHALL NOT APPLY TO REVENUE FROM OTHER SOURCES.  EVERY  APPRO-
 PRIATION  SHALL  STATE  A SOURCE OF REVENUE. It shall be the duty of the
 comptroller to report [annually] QUARTERLY to the legislature the detail
 of the several expenditures AND  IF  THE  AMOUNTS  APPROPRIATED  ARE  IN
 COMPLIANCE WITH THIS SECTION.
   §  10. Paragraph a of subdivision 2 of section 53 of the state finance
 law, as amended by chapter 58 of the laws of 1982, is amended and a  new
 subdivision 10 is added to read as follows:
   a.  Transfers  to the general fund or the capital projects fund estab-
 lished under section ninety-three of this chapter shall be only for  the
 purpose  and  to the extent required to meet emergency and unanticipated
 expenditures of the state which shall mean:
   (1) expenditures deemed necessary or essential to the proper and effi-
 cient functioning of the government of the state  or  the  rendering  of
 governmental  services  by  the  state, in order to meet [emergencies] A
 LOCAL STATE OF EMERGENCY OR STATE DECLARATION  OF  DISASTER    EMERGENCY
 PURSUANT  TO  ARTICLE  TWO-B  OF  THE  EXECUTIVE  LAW, and unanticipated
 requirements arising from or which threaten to interfere with the lawful
 exercise of one or more of the powers of government by the state[;
   (2) expenditures deemed necessary or essential to  protect  fully  the
 New York state housing finance agency, the state university construction
 fund,  the  state  university, or the facilities development corporation
 from general public liability arising from their ownership  or  interest
 in  state university facilities or mental hygiene facilities financed by
 the New York state housing finance agency, as the case  may  be,  or  to
 repair, restore, rebuild or replace such a facility upon damage, loss or
 destruction thereof, or to pay the annual rentals for such a facility in
 the  event  of the damage, loss or destruction thereof and of the avail-
 ability and possession thereof by the state university construction fund
 and the occupancy thereof by the state university, or  the  availability
 and  possession thereof by the state university, or the availability and
 possession thereof by the facilities  development  corporation  and  the
 occupancy thereof by the department of mental hygiene; and
   (3)  expenditures  deemed  necessary  or  essential for payment of the
 state's liability, pursuant to a contract with  a  county  containing  a
 A. 10632                            5

 city having a population of seventy-five thousand or more inhabitants or
 a city having a population of seventy-five thousand or more inhabitants,
 providing  for  the  financing and the construction and leasing of state
 office  buildings  and other public improvements in such county or city,
 to hold such county or city and its officers, agents or employees  harm-
 less against liability, loss, cost, damage, claims, judgments or expense
 based on personal injury, death or damage to property, real, personal or
 mixed,  which because of the uncertainty of events are not clearly fore-
 seeable or predictable at the time of passage of the  budget  and  other
 appropriation  measures  during  the  regular session of the legislature
 next preceding the occurrence or  development  thereof,  and  for  which
 other appropriations are not available or are insufficient.
   Transfers  made  pursuant to subparagraphs two and three of this para-
 graph are expressly for the purpose of applying self-insurer  principles
 to the facilities therein described, consistent with the system of self-
 insurance followed by the state for real property under its jurisdiction
 and control].
   10. THE STATE AND ANY DEPARTMENT, BUREAU, BOARD, COMMISSION OR AUTHOR-
 ITY  THEREOF, AND ANY OTHER AGENCY OR INSTRUMENTALITY OF THE STATE SHALL
 NOT USE SPECIAL EMERGENCY APPROPRIATIONS, NOR ANY STATE OR FEDERAL GRANT
 NOT EXPECTED TO BE RECURRING, FOR THE FINANCING OF ANY PROGRAM THAT DOES
 NOT EXPIRE SUBSEQUENT TO THE EXHAUSTION  OF  SUCH  DISBURSEMENT,  UNLESS
 OTHERWISE STIPULATED.
   §  11.  Section  25  of  the  state  finance law is amended to read as
 follows:
   § 25. Reappropriation  bills.    Every  appropriation  reappropriating
 moneys  shall set forth clearly the year, chapter and part or section of
 the act by which such appropriation was originally made, a brief summary
 of the purposes of such original appropriation, and  the  year,  chapter
 and  part  or  section  of  the  last  act, if any, reappropriating such
 original appropriation or any part thereof, and the amount of such reap-
 propriation. NO APPROPRIATION SHALL BE REAPPROPRIATED FOR MORE THAN  ONE
 ADDITIONAL  FISCAL  YEAR  EXCEPT FOR CAPITAL PROJECT FUNDS, DEBT SERVICE
 FUNDS, APPORTIONMENT OF PUBLIC MONEYS TO SCHOOL  DISTRICTS  PURSUANT  TO
 SECTION  THIRTY-SIX HUNDRED TWO OF THE EDUCATION LAW, OR MEDICAL ASSIST-
 ANCE TO NEEDY PERSONS PURSUANT TO TITLE ELEVEN OF ARTICLE  FIVE  OF  THE
 SOCIAL  SERVICES  LAW.   FOR ANY APPROPRIATION THAT DOES NOT LAPSE AFTER
 TWELVE MONTHS, THE REAPPROPRIATION MAY BE MADE FOR ONE ADDITIONAL FISCAL
 YEAR AFTER THE APPROPRIATION LAPSES.
   If it is proposed to change in any detail the purpose  for  which  the
 original  appropriation  was made, the bill as submitted by the governor
 shall show clearly any such change.
   § 12. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.