STATE OF NEW YORK ________________________________________________________________________ 4745 2025-2026 Regular Sessions IN ASSEMBLY February 6, 2025 ___________ Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit- tee 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. Short title. This act shall be known and may be cited as 2 the "appropriate 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- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08586-01-5
A. 4745 2 1 in each program at the following level of detail and in the following 2 order: 3 (i) by fund type, which at a minimum shall include general fund, 4 special revenue-other funds, capital projects funds, and debt service 5 funds; 6 (ii) for personal service appropriations, separate appropriations 7 shall be made for regular personal service, temporary personal service, 8 and holiday and overtime pay; 9 (iii) for nonpersonal service appropriations, separate appropriations 10 shall be made for supplies and materials, travel, contractual services, 11 equipment, and fringe benefits, as appropriate. 12 (b) Any appropriation for temporary assistance for needy families, the 13 environmental protection fund, and the medical assistance program, shall 14 only contain itemized appropriations [which shall not be in the form of 15 lump sum appropriations,]; provided, however, for the purposes of the 16 medical assistance program, itemized appropriations shall consist of 17 categories-of-service with separate appropriations for hospital inpa- 18 tient, hospital outpatient and emergency room, clinic, nursing home, 19 other long-term care, managed care, pharmacy, dental, transportation, 20 and other non-institutional services. 21 § 3. Subdivision 5 of section 24 of the state finance law is REPEALED 22 and a new subdivision 5 is added to read as follows: 23 5. (a) To the extent that any appropriation or reappropriation either 24 does not identify a specific recipient, or is not subject to allocation 25 by a statutory formula, such appropriation or reappropriation shall 26 identify an administering state agency or public authority and, prior to 27 the disbursement of any funds so appropriated, each such state agency or 28 public authority shall: 29 (i) develop and execute a process in accordance with all provisions of 30 law applicable to a program administered by a state agency whereby each 31 project proposed to be funded with such appropriation or reappropriation 32 shall be scored and ranked based on clear, measurable and objective 33 criteria. The ranking of such projects shall indicate their relative 34 importance in the best interest of the state; 35 (ii) develop and execute a process in accordance with all provisions 36 of law applicable to a program administered by a state agency for enter- 37 ing into any contract or commitment for the disbursement of such funds 38 which shall include, where appropriate, public advertising for bids or 39 proposals, and a method for awarding contracts under each project that 40 shall permit full and free competition. Such method shall be based on 41 clear, measurable and objective criteria; and 42 (iii) identify each project to be funded with such appropriation or 43 reappropriation and the portion of such appropriation or reappropriation 44 to be allocated to each project. 45 (b) Any appropriation added pursuant to section four of article seven 46 of the constitution shall identify a specific recipient or grantee, or 47 shall be subject to allocation by a statutory formula, or shall be 48 subject to allocation pursuant to the provisions of paragraph (a) of 49 this subdivision. 50 § 4. Subdivision 1 of section 27 of the state finance law, as added by 51 chapter 836 of the laws of 1992, is amended to read as follows: 52 1. Each fiscal year the budget submitted by the governor shall contain 53 separate and distinct appropriations[, which may be lump sum appropri- 54 ations,] for scheduled maintenance activities. 55 § 5. The state finance law is amended by adding a new section 28 to 56 read as follows:
A. 4745 3 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] such director shall issue a certif- 32 icate to the head of the department or other state agency in which the 33 position exists and to the state comptroller authorizing the transfer of 34 the position and the appropriation made therefor. Copies of such certif- 35 icate shall be filed with the senate finance committee, the assembly 36 ways and means 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
A. 4745 4 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. 4745 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.