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This entry was published on 2024-05-03
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SECTION 40
Period for which appropriations made
State Finance (STF) CHAPTER 56, ARTICLE 4
§ 40. Period for which appropriations made. 1. The budget and the
budget bills submitted by the governor shall include all appropriations
which in the opinion of the governor will be required during the full
succeeding fiscal year.

2. (a) No appropriation made at a regular session of the legislature
shall, unless the contrary is expressly provided in the act by which
such appropriation is made, be available prior to the commencement of
the fiscal year for which the budget is adopted at such session, and
every appropriation made at such session, except as provided in
paragraphs (b), (d), and (e) of this subdivision, shall cease to have
force and effect, except as to liabilities already incurred thereunder,
at the close of such fiscal year.

(b) Every deficiency appropriation made at a regular session of the
legislature which by the express terms of the act by which such
appropriation is made shall be available prior to the commencement of
the fiscal year for which the budget is adopted at such session shall
cease to have force and effect, except as to liabilities already
incurred thereunder, at the close of the fiscal year in which such
appropriation shall become available.

(c) Every appropriation made at an extraordinary session of the
legislature shall, unless the contrary is expressly provided in the act
by which such appropriation is made, be available immediately upon the
taking effect of such act and shall cease to have force and effect,
except as to liabilities already incurred thereunder, at the close of
the fiscal year in which such appropriation shall become available.

(d) Every appropriation enacted in the fund type special revenue
funds-federal for a grant period which extends beyond March thirty-first
of the fiscal year in which the appropriations are enacted shall be
available for liabilities incurred during such grant period after such
March thirty-first date.

(e) All state operations appropriations made to the city university of
New York and the state university of New York shall cease to have force
and effect, except as to liabilities already incurred thereunder, as of
the thirtieth day of June immediately following the state fiscal year
for which they are enacted.

3. Every appropriation for whatever purpose which at the close of the
fiscal year shall cease to have force and effect except as to
liabilities already incurred thereunder shall as to such liabilities
continue in force and effect until the dates specified in paragraphs
(a), (b), (c) and (d) of this subdivision, on which dates such
appropriation shall lapse and no money shall thereafter be paid out of
the state treasury or any of its funds or any of the funds under its
management pursuant to such appropriation.

(a) Except for appropriations made to city university of New York and
the state university of New York, all state operations appropriations
including special revenue funds-federal appropriations continued
pursuant to paragraph (d) of subdivision two of this section shall lapse
on the thirtieth day of June immediately following the close of the
fiscal year. The appropriations made to the city university of New York
or the state university of New York shall lapse on the thirtieth day of
September immediately following the close of the fiscal year.

(b) All aid to localities appropriations including special revenue
funds-federal appropriations continued pursuant to paragraph (d) of
subdivision two of this section shall lapse on the fifteenth day of
September immediately following the close of the fiscal year.

(c) All capital projects appropriations shall lapse on the fifteenth
day of September immediately following the close of the fiscal year.

(d) All other appropriations shall lapse on the fifteenth day of
September immediately following the close of the fiscal year.

* 4. Every appropriation made from a fund or account to a department
or agency shall be available for the payment of prior years' liabilities
in such fund or account for fringe benefits, indirect costs, and
telecommunications expenses and expenses for other centralized services
fund programs without limit. Every appropriation shall also be available
for the payment of prior years' liabilities other than those indicated
above, but only to the extent of one-half of one percent of the total
amount appropriated to a department or agency in such fund or account.

The provisions of this subdivision shall expire March thirty-first,
two thousand twenty-seven.

* NB Repealed March 31, 2027