N.Y. State Finance Law § 24: Budget bills

§ 24. Budget bills. 1. The budget submitted annually by the governor

shall be simultaneously 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.

(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

within each program at the following level of detail and in the

following order:

(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

inpatient, hospital outpatient and emergency room, clinic, nursing home,

other long-term care, managed care, pharmacy, dental, transportation,

and other non-institutional services.

2. (a) On or after January first, nineteen hundred eighty-four, no

budget bill submitted by the governor may include any proposed

appropriation or reappropriation for any capital project which is not

included in the capital plan presented as part of the budget submitted

pursuant to section twenty-two of this article. Each proposed

appropriation or reappropriation for a capital project shall bear the

capital plan project reference number or numbers to which it shall

pertain, and shall be classified into the same category as the

associated capital project or projects have been classified in such

capital plan. Reappropriations of appropriations effective for fiscal

years beginning prior to April first, nineteen hundred eighty-four may

be presented by the categories of appropriation contained in the bill

originally enacting such appropriation.

(b) On or after January first, two thousand ten, any budget bill

submitted by the governor containing a proposed appropriation from the

dedicated highway and bridge trust fund shall be itemized to show the

following information for each such appropriation:

(i) each amount appropriated from the dedicated highway and bridge

trust fund for capital purposes;

(ii) the amount of each such appropriation to be used for personal

service expenses; and

(iii) the amount of each such appropriation to be used for

non-personal service expenses.

3. Any appropriation for maintenance undistributed shall be shown as

apportioned among the items covered to the extent practicable.

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

appropriations, and provided further that 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 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;

(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.