Bill Text: NY A10632 | 2023-2024 | General Assembly | Introduced

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Bill Title: Enacts the "appropriate appropriations act" to prohibit lump sum budget appropriations and require itemized appropriations; limits the use of expenditures for emergencies; limits reappropriations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-06-20 - referred to ways and means [A10632 Detail]

Download: New_York-2023-A10632-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10632

                   IN ASSEMBLY

                                      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:

     1    Section  1. This act shall be known and may be cited as the "appropri-
     2  ate appropriations act".
     3    § 2. Subdivision 1 of section 24 of the state finance law, as  amended
     4  by chapter 1 of the laws of 2007, is amended to read as follows:
     5    1.  The  budget submitted annually by the governor shall be simultane-
     6  ously accompanied by a bill or bills for all proposed appropriations and
     7  reappropriations and for the proposed  measures  of  taxation  or  other
     8  legislation,  if any, recommended therein. Such bills shall be submitted
     9  by the governor and shall be known as budget bills;  provided,  however,
    10  that  all  appropriations  and reappropriations contained in such budget
    11  bills shall only contain itemized appropriations which shall not  be  in
    12  the  form  of  lump sum appropriations. For the purposes of this article
    13  and article four of this chapter, "itemized appropriation" shall mean an
    14  appropriation pursuant to article seven of the state  constitution  that
    15  specifically  relates  to  a  program which is included in the financial
    16  plan presented as part of   the budget  submitted  pursuant  to  section
    17  twenty-two  of  this  article  that   bears   the financial plan program
    18  reference number or numbers to which it shall   pertain,   and shall  be
    19  classified  into the same category as the associated program or programs
    20  have been classified in such financial plan;  and  is  not  a  lump  sum
    21  appropriation as defined in section two of this chapter.
    22    (a)  For all non-federal state operations appropriations, such bill or
    23  bills shall only contain itemized  appropriations  and  shall  be  made,
    24  where practicable, by agency and within each agency by program and with-
    25  in  each  program  at the following level of detail and in the following
    26  order:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14776-03-4
        A. 10632                            2

     1    (i) by fund type, which at  a  minimum  shall  include  general  fund,
     2  special  revenue-other  funds,  capital projects funds, and debt service
     3  funds;
     4    (ii)  for  personal  service  appropriations,  separate appropriations
     5  shall be made for regular personal service, temporary personal  service,
     6  and holiday and overtime pay;
     7    (iii)  for nonpersonal service appropriations, separate appropriations
     8  shall be made for supplies and materials, travel, contractual  services,
     9  equipment, and fringe benefits, as appropriate.
    10    (b) Any appropriation for temporary assistance for needy families, the
    11  environmental protection fund, and the medical assistance program, shall
    12  only  contain itemized appropriations [which shall not be in the form of
    13  lump sum appropriations,]; provided, however, for the  purposes  of  the
    14  medical  assistance  program,  itemized  appropriations shall consist of
    15  categories-of-service with separate appropriations  for  hospital  inpa-
    16  tient,  hospital  outpatient  and  emergency room, clinic, nursing home,
    17  other long-term care, managed care,  pharmacy,  dental,  transportation,
    18  and other non-institutional services.
    19    §  3. Subdivision 5 of section 24 of the state finance law is REPEALED
    20  and a new subdivision 5 is added to read as follows:
    21    5. (a) To the extent that any appropriation or reappropriation  either
    22  does  not identify a specific recipient, or is not subject to allocation
    23  by a statutory formula,  such  appropriation  or  reappropriation  shall
    24  identify an administering state agency or public authority and, prior to
    25  the disbursement of any funds so appropriated, each such state agency or
    26  public authority shall:
    27    (i) develop and execute a process in accordance with all provisions of
    28  law  applicable to a program administered by a state agency whereby each
    29  project proposed to be funded with such appropriation or reappropriation
    30  shall be scored and ranked based  on  clear,  measurable  and  objective
    31  criteria.  The  ranking  of  such projects shall indicate their relative
    32  importance in the best interest of the state;
    33    (ii) develop and execute a process in accordance with  all  provisions
    34  of law applicable to a program administered by a state agency for enter-
    35  ing  into  any contract or commitment for the disbursement of such funds
    36  which shall include, where appropriate, public advertising for  bids  or
    37  proposals,  and  a method for awarding contracts under each project that
    38  shall permit full and free competition. Such method shall  be  based  on
    39  clear, measurable and objective criteria; and
    40    (iii)  identify  each  project to be funded with such appropriation or
    41  reappropriation and the portion of such appropriation or reappropriation
    42  to be allocated to each project.
    43    (b) Any appropriation added pursuant to section four of article  seven
    44  of  the  constitution shall identify a specific recipient or grantee, or
    45  shall be subject to allocation by  a  statutory  formula,  or  shall  be
    46  subject  to  allocation  pursuant  to the provisions of paragraph (a) of
    47  this subdivision.
    48    § 4. Subdivision 1 of section 27 of the state finance law, as added by
    49  chapter 836 of the laws of 1992, is amended to read as follows:
    50    1. Each fiscal year the budget submitted by the governor shall contain
    51  separate and distinct appropriations[, which may be lump  sum  appropri-
    52  ations,] for scheduled maintenance activities.
    53    §  5.  The  state finance law is amended by adding a new section 28 to
    54  read as follows:
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     1    § 28. Itemization of grants. 1. For any fund that provides grants, the
     2  governor shall maintain an online database  of  all  individual  grants.
     3  Such database shall include:
     4    (a) the award amount;
     5    (b) the agency that administered the grant fund;
     6    (c) the name of the fund;
     7    (d) the date of the contract award;
     8    (e)  the  grantee's name, EIN and address, and the senate and assembly
     9  district which represents such grantee;
    10    (f) the name of any legislators who  nominated  the  grantee,  or  who
    11  submitted  or co-signed a written recommendation in support of the gran-
    12  tee;
    13    (g) the itemized appropriation authorizing the grant or grant fund;
    14    (h) any additional state grants for the same project from any year;
    15    (i) project status; and
    16    (j) the original solicitation documents and  grantee's  submission  or
    17  submissions in response thereof.
    18    2.  Provided  further, any grant or grants whose total is in excess of
    19  one million dollars to a single grantee from a single competitive  grant
    20  fund  shall  be  an  itemized appropriation in a budget bill pursuant to
    21  section twenty-two of this article.
    22    § 6. Subdivision 6 of section 44 of the state finance law, as  amended
    23  by chapter 393 of the laws of 1952, is amended to read as follows:
    24    6.  No  position, contained in a schedule of positions in an appropri-
    25  ation act [or in an approved segregation of  a  lump  sum  appropriation
    26  pursuant  to this chapter,] shall, during the period for which funds are
    27  appropriated or segregated for such position, be  transferred  from  the
    28  organizational  unit  in which such position appears in such schedule or
    29  segregation except upon request of the head of  a  department  or  other
    30  state  agency  and approval by the director of the budget. When approved
    31  by the director of the budget, he shall issue a certificate to the  head
    32  of the department or other state agency in which the position exists and
    33  to  the  state  comptroller authorizing the transfer of the position and
    34  the appropriation made therefor. Copies of  such  certificate  shall  be
    35  filed  with  the  senate  finance committee, the assembly ways and means
    36  committee and the state civil service commission.
    37    § 7. Section 49 of the state finance law is REPEALED.
    38    § 8. Section 51 of the state finance law, as amended by chapter 577 of
    39  the laws of 1988, is amended to read as follows:
    40    § 51. Interchange of appropriations or items therein. No appropriation
    41  shall be increased or decreased  by  transfer  or  otherwise  except  as
    42  provided for in this section or section fifty-three, sixty-six-f, seven-
    43  ty-two  or  ninety-three of this chapter, or article eight of the educa-
    44  tion law. Whenever an appropriation is made from a fund to a  department
    45  or  agency  and  is  accompanied  by  a schedule showing the programs or
    46  purposes for which such appropriation may be expended, the amount appro-
    47  priated for any item or items within any program  or  purpose  for  such
    48  department  or  agency may be increased or decreased by interchange with
    49  amounts appropriated from such fund for any other item or  items  within
    50  the  same program or purpose, or with other items appropriated from such
    51  fund not in the same program or purpose but which are contained  in  the
    52  state  comptroller's  classification  of items as last promulgated, with
    53  the approval of the director of the budget, who shall file such approval
    54  with the office of the state comptroller and  copies  thereof  with  the
    55  senate  finance committee and the assembly ways and means committee. The
    56  amounts appropriated to a department or agency from a particular fund in
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     1  a fiscal year for the programs or purposes of such department or  agency
     2  may  be  interchanged  among  such  programs  or purposes under the same
     3  conditions as heretofore described except that the total  amount  appro-
     4  priated  for any program or purpose may not be increased or decreased by
     5  more than the aggregate of five per  cent  of  the  first  five  million
     6  dollars,  four  percent of the second five million dollars and three per
     7  cent of amounts in excess of ten million dollars of an appropriation for
     8  a program or purpose. [The allocation of lump sum appropriations from  a
     9  fund  made  to a department or agency for later distribution to programs
    10  or purposes or to the units of the state university to the allocation of
    11  lump sum appropriations made to all state departments and  agencies  for
    12  later  allocation  for specific programs or purposes shall not be deemed
    13  to be part of such total increase or decrease.]
    14    § 9. Section 42 of the  state  finance  law  is  amended  to  read  as
    15  follows:
    16    § 42. Limitation on expenditures.  The several amounts appropriated in
    17  any  act  shall  be  deemed  to  be only for so much thereof as shall be
    18  sufficient to accomplish in full the purposes designated by  the  appro-
    19  priations  and shall be paid by the division of the treasury, department
    20  of taxation and finance, from the respective funds as specified,  pursu-
    21  ant  to  the  requirements of this chapter, provided, however, that such
    22  limitation shall not apply to revenue from other sources.  Every  appro-
    23  priation  shall  state  a source of revenue. It shall be the duty of the
    24  comptroller to report [annually] quarterly to the legislature the detail
    25  of the several expenditures and  if  the  amounts  appropriated  are  in
    26  compliance with this section.
    27    §  10. Paragraph a of subdivision 2 of section 53 of the state finance
    28  law, as amended by chapter 58 of the laws of 1982, is amended and a  new
    29  subdivision 10 is added to read as follows:
    30    a.  Transfers  to the general fund or the capital projects fund estab-
    31  lished under section ninety-three of this chapter shall be only for  the
    32  purpose  and  to the extent required to meet emergency and unanticipated
    33  expenditures of the state which shall mean:
    34    (1) expenditures deemed necessary or essential to the proper and effi-
    35  cient functioning of the government of the state  or  the  rendering  of
    36  governmental  services  by  the  state, in order to meet [emergencies] a
    37  local state of emergency or state declaration  of  disaster    emergency
    38  pursuant  to  article  two-B  of  the  executive  law, and unanticipated
    39  requirements arising from or which threaten to interfere with the lawful
    40  exercise of one or more of the powers of government by the state[;
    41    (2) expenditures deemed necessary or essential to  protect  fully  the
    42  New York state housing finance agency, the state university construction
    43  fund,  the  state  university, or the facilities development corporation
    44  from general public liability arising from their ownership  or  interest
    45  in  state university facilities or mental hygiene facilities financed by
    46  the New York state housing finance agency, as the case  may  be,  or  to
    47  repair, restore, rebuild or replace such a facility upon damage, loss or
    48  destruction thereof, or to pay the annual rentals for such a facility in
    49  the  event  of the damage, loss or destruction thereof and of the avail-
    50  ability and possession thereof by the state university construction fund
    51  and the occupancy thereof by the state university, or  the  availability
    52  and  possession thereof by the state university, or the availability and
    53  possession thereof by the facilities  development  corporation  and  the
    54  occupancy thereof by the department of mental hygiene; and
    55    (3)  expenditures  deemed  necessary  or  essential for payment of the
    56  state's liability, pursuant to a contract with  a  county  containing  a
        A. 10632                            5

     1  city having a population of seventy-five thousand or more inhabitants or
     2  a city having a population of seventy-five thousand or more inhabitants,
     3  providing  for  the  financing and the construction and leasing of state
     4  office  buildings  and other public improvements in such county or city,
     5  to hold such county or city and its officers, agents or employees  harm-
     6  less against liability, loss, cost, damage, claims, judgments or expense
     7  based on personal injury, death or damage to property, real, personal or
     8  mixed,  which because of the uncertainty of events are not clearly fore-
     9  seeable or predictable at the time of passage of the  budget  and  other
    10  appropriation  measures  during  the  regular session of the legislature
    11  next preceding the occurrence or  development  thereof,  and  for  which
    12  other appropriations are not available or are insufficient.
    13    Transfers  made  pursuant to subparagraphs two and three of this para-
    14  graph are expressly for the purpose of applying self-insurer  principles
    15  to the facilities therein described, consistent with the system of self-
    16  insurance followed by the state for real property under its jurisdiction
    17  and control].
    18    10. The state and any department, bureau, board, commission or author-
    19  ity  thereof, and any other agency or instrumentality of the state shall
    20  not use special emergency appropriations, nor any state or federal grant
    21  not expected to be recurring, for the financing of any program that does
    22  not expire subsequent to the exhaustion  of  such  disbursement,  unless
    23  otherwise stipulated.
    24    §  11.  Section  25  of  the  state  finance law is amended to read as
    25  follows:
    26    § 25. Reappropriation  bills.    Every  appropriation  reappropriating
    27  moneys  shall set forth clearly the year, chapter and part or section of
    28  the act by which such appropriation was originally made, a brief summary
    29  of the purposes of such original appropriation, and  the  year,  chapter
    30  and  part  or  section  of  the  last  act, if any, reappropriating such
    31  original appropriation or any part thereof, and the amount of such reap-
    32  propriation. No appropriation shall be reappropriated for more than  one
    33  additional  fiscal  year  except for capital project funds, debt service
    34  funds, apportionment of public moneys to school  districts  pursuant  to
    35  section  thirty-six hundred two of the education law, or medical assist-
    36  ance to needy persons pursuant to title eleven of article  five  of  the
    37  social  services  law.   For any appropriation that does not lapse after
    38  twelve months, the reappropriation may be made for one additional fiscal
    39  year after the appropriation lapses.
    40    If it is proposed to change in any detail the purpose  for  which  the
    41  original  appropriation  was made, the bill as submitted by the governor
    42  shall show clearly any such change.
    43    § 12. This act shall take effect on the first of January next succeed-
    44  ing the date on which it shall have become a law.