S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          957
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    January 7, 2015
                                      ___________
       Introduced  by  Sens.  SERRANO,  BONACIC,  BRESLIN, DeFRANCISCO, GRIFFO,
         KRUEGER, LITTLE, PERALTA, RIVERA, SANDERS, SAVINO,  SEWARD,  SQUADRON,
         STAVISKY,  STEWART-COUSINS -- read twice and ordered printed, and when
         printed to be committed to the Committee on Investigations and Govern-
         ment Operations
       AN ACT to amend the legislative  law,  in  relation  to  clarifying  the
         appropriation  and  qualification  of  member items and authorizes the
         legislative ethics commission to review violations of  the  qualifica-
         tion  of member items; and to amend the state finance law, in relation
         to requiring that all member items be fully itemized
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The legislative law is amended by adding a new section 54-c
    2  to read as follows:
    3    S  54-C.  MEMBER  ITEMS.  1. AS USED IN THIS SECTION, THE TERM "MEMBER
    4  ITEM" SHALL MEAN A BUDGETARY ALLOCATION AS  FUNDED  BY  THE  LEGISLATIVE
    5  COMMUNITY PROJECTS FUND AS DEFINED IN SECTION NINETY-NINE-W OF THE STATE
    6  FINANCE  LAW,  AND  THE  EXECUTIVE COMMUNITY PROJECTS FUND AS DEFINED IN
    7  SECTION NINETY-NINE-X OF THE STATE FINANCE LAW  AT  THE  DISCRETION  AND
    8  REQUEST  OF  THE GOVERNOR OR A MEMBER OF THE LEGISLATURE FOR A CERTIFIED
    9  TAX-EXEMPT NON-PROFIT ORGANIZATION UNDER SECTION 501(C)(3) OF THE INTER-
   10  NAL REVENUE CODE IN NEW YORK STATE, A STATE AGENCY,  A  MUNICIPALITY  OR
   11  THEIR AFFILIATED DEPARTMENT, UNIVERSITY, COLLEGE, OR SCHOOL DISTRICT.
   12    2.  MEMBER ITEMS SHALL NOT BE APPROPRIATED WHEN A CONFLICT OF INTEREST
   13  EXISTS BETWEEN THE LEGISLATOR OR GOVERNOR DESIGNATING  THE  MEMBER  ITEM
   14  AND  THE  POTENTIAL  RECIPIENT.  A MEMBER ITEM CANNOT FUND ORGANIZATIONS
   15  THAT EMPLOY OR OTHERWISE COMPENSATE THE LEGISLATOR OR GOVERNOR, A MEMBER
   16  OF THE LEGISLATOR'S OR GOVERNOR'S FAMILY, ANY PERSON SHARING THE HOME OF
   17  THE LEGISLATOR OR GOVERNOR OR A MEMBER OF THE LEGISLATOR'S OR GOVERNOR'S
   18  STAFF FOR SERVICES OR LABOR RENDERED. FURTHERMORE, LEGISLATORS  AND  THE
   19  GOVERNOR SHALL NOT DESIGNATE MEMBER ITEMS IF THE LEGISLATOR OR GOVERNOR,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00053-01-5
       S. 957                              2
    1  A  MEMBER  OF  THE LEGISLATOR'S OR GOVERNOR'S FAMILY, ANY PERSON SHARING
    2  THE HOME OF THE LEGISLATOR OR GOVERNOR OR A MEMBER OF  THE  LEGISLATOR'S
    3  OR  GOVERNOR'S STAFF IS INVOLVED WITH THE OPERATIONS OF THE ORGANIZATION
    4  IN A DECISION-MAKING CAPACITY INCLUDING BUT NOT LIMITED TO WORKING ON AN
    5  UNPAID,  VOLUNTEER BASIS OR A MEMBER OF THE DIRECTING BOARD OF AN ORGAN-
    6  IZATION.
    7    3. PRIOR TO THE APPROPRIATION OF MEMBER ITEMS, THE LEGISLATURE SHALL:
    8    (A) PROVIDE THAT EACH MEMBER OF THE SENATE  AND  EACH  MEMBER  OF  THE
    9  ASSEMBLY  RECEIVE  AN  EQUAL  SHARE OF THE DOLLAR AMOUNT OF MEMBER ITEMS
   10  ALLOCATED TO THE RESPECTIVE LEGISLATIVE BODY;
   11    (B) REQUIRE THE LEGISLATOR OR GOVERNOR REQUESTING SUCH MEMBER ITEM  TO
   12  SUBMIT  A  SIGNED  CONFLICT  OF INTEREST FORM ALONG WITH THE MEMBER ITEM
   13  REQUEST FORM TO ENSURE THAT NO CONFLICT OF INTEREST EXISTS. THE LEGISLA-
   14  TOR OR GOVERNOR SHALL DISCLOSE ON THE  CONFLICT  OF  INTEREST  FORM  ALL
   15  POLITICAL  DONATIONS  HE OR SHE IS RECEIVING OR HAS RECEIVED IN THE PAST
   16  FROM THE INTENDED RECIPIENT OF THE MEMBER ITEM FUNDING. SUCH A  CONFLICT
   17  OF  INTEREST  FORM  SHALL  BE SIGNED BY THE LEGISLATOR OR GOVERNOR UNDER
   18  PENALTY OF PERJURY, STATING THAT THE MEMBER ITEM IS NOT  BEING  DIRECTED
   19  IN A MANNER DESCRIBED IN SUBDIVISION TWO OF THIS SECTION;
   20    (C)  PROVIDE  THAT  ANY  STATE AGENCY THAT PROVIDES FUNDING FOR MEMBER
   21  ITEMS EVALUATE THE SPENDING OF SUCH  MEMBER  ITEM  FUNDS  BY  THE  LOCAL
   22  PROJECT,  ORGANIZATION  OR  OTHER ENTITY RECEIVING SUCH FUNDS. THE STATE
   23  AGENCY SHALL TRACK THE FUNDS TO ENSURE THAT THEY ARE BEING  SPENT  IN  A
   24  MANNER CONSISTENT WITH THE MEMBER ITEM APPLICATION;
   25    (D) ENSURE THAT THE FOLLOWING CRITERIA ARE SATISFIED:
   26    (1)  GRANTS  ARE  TO  BE DESIGNATED FOR PUBLIC PURPOSES.   THE PROGRAM
   27  FUNDED MUST BE OPEN AND AVAILABLE TO ALL INDIVIDUALS ON  A  NONSECTARIAN
   28  BASIS;
   29    (2)  GRANTS  ARE  PROVIDED  IN SUPPORT OF SERVICES AND ACTIVITIES THAT
   30  HAVE STATEWIDE BENEFIT OR BENEFIT LOCAL COMMUNITIES;
   31    (3) GRANTS ARE ONLY DESIGNATED FOR NOT-FOR-PROFIT ORGANIZATIONS, MUNI-
   32  CIPALITIES  OR  THEIR  AFFILIATED  DEPARTMENTS/AGENCIES,   UNIVERSITIES,
   33  COLLEGES, OR SCHOOL DISTRICTS;
   34    (4)  GRANTS ARE AVAILABLE SOLELY FOR ACTIVITIES AND PROGRAMS CONDUCTED
   35  WITHIN THE STATE OF NEW YORK;
   36    (5) GRANTS ARE NOT TO BE REDISTRIBUTED UNLESS THE GRANT  RECIPIENT  IS
   37  IDENTIFIED  AND  THE GRANT TO THE END RECIPIENT COMPLIES WITH THE CRITE-
   38  RIA;
   39    (6) GRANTS ARE TO BE USED ONLY FOR THE PURPOSE STATED IN  THE  FUNDING
   40  REQUEST;
   41    (7) GRANTS ARE NOT TO BE USED TO FUND LOAN PROGRAMS;
   42    (8)  GRANTS ARE NOT TO BE USED FOR THE FOLLOWING PURPOSES: (A) TO FUND
   43  AN ENTITY IN BANKRUPTCY, RECEIVERSHIP, OR FORECLOSURE OR TO  FUND  LEGAL
   44  OR  ADMINISTRATIVE EXPENSES RELATED TO BANKRUPTCY, RECEIVERSHIP OR FORE-
   45  CLOSURE PROCEEDINGS; (B) TO PAY FOR  ANY  ARREARS  IN  WORKERS'  COMPEN-
   46  SATION, UNEMPLOYMENT INSURANCE OR OTHER EMPLOYEE BENEFITS; OR (C) TO PAY
   47  FOR  ANY ARREARS OR CURRENT OBLIGATIONS FOR FEDERAL, STATE, OR MUNICIPAL
   48  TAXES; FOR LOBBYING ACTIVITIES AS DEFINED UNDER SECTION  ONE-C  OF  THIS
   49  CHAPTER AND COMPARABLE SECTIONS OF FEDERAL OR MUNICIPAL LAW;
   50    (9)  GRANTS  ARE  NOT TO BE THE ONLY SIGNIFICANT SOURCE OF FUNDING FOR
   51  THE ORGANIZATION;
   52    (10) GRANT APPLICATIONS SHALL  INCLUDE  A  BRIEF  DESCRIPTION  OF  THE
   53  PROJECT TO BE FUNDED; AND
   54    (11)  GRANTS  SHALL  NOT  BE  USED BY RECIPIENTS TO PAY WAGES OR OTHER
   55  EMPLOYEE BENEFITS.
       S. 957                              3
    1    (E) AT LEAST TWENTY-FOUR HOURS PRIOR TO APPROVAL BY THE LEGISLATURE OF
    2  THE STATE BUDGET, THE LEGISLATURE MUST MAKE PUBLIC WITH RESPECT TO  EACH
    3  MEMBER ITEM, THE MEMBER OF THE SENATE, THE MEMBER OF THE ASSEMBLY OR THE
    4  GOVERNOR  SPONSORING  THE  MEMBER  ITEM, THE DOLLAR AMOUNT OF THE MEMBER
    5  ITEM TO BE APPROPRIATED, AND THE NAME OF THE LOCAL PROJECT, ORGANIZATION
    6  OR OTHER ENTITY RECEIVING SUCH MEMBER ITEM. SUCH PUBLICATION SHALL, AT A
    7  MINIMUM,  BE  MADE  ON THE WEBSITE OF EACH HOUSE OF THE LEGISLATURE IN A
    8  MANNER THAT IS EASILY ACCESSIBLE.
    9    4. ALL MEMBER ITEM ALLOCATION RECIPIENTS SHALL  PROVIDE  CERTIFICATION
   10  OF  PROPER  USE  OF  FUNDS  RECEIVED. FOR ALLOCATIONS TOTALING LESS THAN
   11  FIFTY THOUSAND DOLLARS, A DULY AUTHORIZED REPRESENTATIVE OF  THE  MEMBER
   12  ITEM  RECIPIENT  ORGANIZATION SHALL ATTEST UNDER PENALTY OF PERJURY THAT
   13  THE RECIPIENT ORGANIZATION ACTUALLY SPENT THE MEMBER ITEM GRANT MONEY IN
   14  THE MANNER AND FOR THE PURPOSES DESIGNATED  IN  ITS  APPLICATION  FOR  A
   15  MEMBER  ITEM  ALLOCATION. FOR ALLOCATIONS TOTALING MORE THAN FIFTY THOU-
   16  SAND DOLLARS, A DULY AUTHORIZED REPRESENTATIVE OF THE MEMBER ITEM RECIP-
   17  IENT ORGANIZATION SHALL ATTEST UNDER PENALTY OF PERJURY THAT THE RECIPI-
   18  ENT ORGANIZATION ACTUALLY SPENT THE  MEMBER  ITEM  GRANT  MONEY  IN  THE
   19  MANNER  AND  FOR THE PURPOSES DESIGNATED IN ITS APPLICATION FOR A MEMBER
   20  ITEM ALLOCATION AND SHALL FILE A FINAL REPORT, UNDER PENALTY OF PERJURY,
   21  DETAILING THE EXPENDITURES. SUCH REPORT SHALL BE SUBMITTED BY MAY  THIR-
   22  TY-FIRST  OF  THE CALENDAR YEAR FOLLOWING THE CALENDAR YEAR IN WHICH THE
   23  MEMBER ITEM WAS ALLOCATED AND SHALL FOLLOW THE REQUIREMENTS  ESTABLISHED
   24  BY  THE ATTORNEY GENERAL. NO FUTURE MEMBER ITEM GRANTS SHALL BE APPROVED
   25  FOR AN ORGANIZATION WHICH HAS PREVIOUSLY RECEIVED A  MEMBER  ITEM  ALLO-
   26  CATION  UNTIL SUCH DOCUMENTS HAVE BEEN SIGNED AND RECEIVED BY THE OFFICE
   27  OF THE NEW YORK STATE ATTORNEY GENERAL.
   28    5. PRIOR TO SUBMITTING AN APPLICATION FOR A  MEMBER  ITEM  ALLOCATION,
   29  EACH  ORGANIZATION SEEKING A MEMBER ITEM ALLOCATION MUST MEET PRE-CERTI-
   30  FICATION STANDARDS AS ESTABLISHED BY THE OFFICE OF THE  NEW  YORK  STATE
   31  ATTORNEY  GENERAL.  AT A MINIMUM, THOSE STANDARDS SHALL REQUIRE THAT THE
   32  ORGANIZATION  SEEKING  PRE-CERTIFICATION  IS  A   CERTIFIED   TAX-EXEMPT
   33  NON-PROFIT  ORGANIZATION UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE
   34  CODE IN NEW YORK STATE, A STATE AGENCY, A MUNICIPALITY OR  THEIR  AFFIL-
   35  IATED  DEPARTMENT,  UNIVERSITY,  COLLEGE,  OR SCHOOL DISTRICT CAPABLE OF
   36  ACCEPTING POTENTIAL FUNDING AND THAT SUCH ENTITY IS NOT IN BANKRUPTCY OR
   37  ARREARS ON ANY OBLIGATIONS. IF AN ORGANIZATION HAS RECEIVED MEMBER  ITEM
   38  FUNDING  IN  THE  PAST,  THE  ORGANIZATION  SHALL  ALSO  COMPLY WITH THE
   39  REQUIREMENTS OF SUBDIVISION FOUR OF THIS SECTION.  NO  APPLICATION  FROM
   40  ANY ORGANIZATION SHALL BE CONSIDERED BY A LEGISLATOR UNTIL THE OFFICE OF
   41  THE  NEW  YORK  STATE  ATTORNEY  GENERAL HAS CERTIFIED SUCH ORGANIZATION
   42  BASED UPON THE CRITERIA SET FORTH IN THIS SUBDIVISION AND UPON ANY ADDI-
   43  TIONAL REGULATORY STANDARDS ESTABLISHED BY THE ATTORNEY GENERAL.
   44    6. ANY STATE AGENCY THAT  PROVIDES  FUNDING  FOR  MEMBER  ITEMS  SHALL
   45  REVIEW  MEMBER  ITEM SPENDING ON AN ANNUAL BASIS AND PERIODICALLY REVIEW
   46  GRANT RECIPIENTS' USE OF GRANT MONEY.
   47    7. ANY MEMBER ITEM APPROPRIATED BY THE LEGISLATURE SHALL BE SET  FORTH
   48  SEPARATELY AND APART FROM EVERY OTHER MEMBER ITEM IN THE STATE BUDGET IN
   49  ORDER TO CLEARLY IDENTIFY EACH LEGISLATOR'S OR GOVERNOR'S REQUEST.
   50    8.  ANY  VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL BE REFERRED
   51  TO  THE  LEGISLATIVE  ETHICS  COMMISSION  OR   ITS   SUCCESSOR   ENTITY.
   52  COMPLAINTS  REGARDING  THE  FAILURE  OF AN ALLOCATION OR USE OF A MEMBER
   53  ITEM TO COMPLY WITH THE PROVISIONS OF THIS CHAPTER SHALL BE SUBMITTED TO
   54  (A) THE LEGISLATIVE ETHICS COMMISSION WITH REGARD TO A MEMBER ITEM ALLO-
   55  CATION MADE AT THE DISCRETION OF A LEGISLATOR, OR (B) THE COMMISSION  ON
   56  PUBLIC  INTEGRITY  WITH  REGARD  TO A MEMBER ITEM ALLOCATION MADE AT THE
       S. 957                              4
    1  DISCRETION OF THE GOVERNOR. EACH  COMPLAINT  SHALL  BE  INVESTIGATED  IN
    2  ACCORDANCE WITH THE RULES AND PROCEDURES OF THE COMMISSION RECEIVING THE
    3  COMPLAINT.
    4    S  2.  Subdivisions 4 and 5 of section 24 of the state finance law, as
    5  added by chapter 1 of the laws of 2007, are amended to read as follows:
    6    4. Any appropriation added to such budget bills, pursuant  to  section
    7  four  of  article seven of the constitution, shall only contain itemized
    8  appropriations which shall not be in the  form  of  lump  sum  appropri-
    9  ations[,]  AND  SHALL DESIGNATE FOR EACH APPROPRIATION A GRANTEE OF SUCH
   10  APPROPRIATION, and [provided further that]  for  all  non-federal  state
   11  operations  appropriations,  such bill or bills shall only contain item-
   12  ized appropriations and shall be made, where practicable, by agency, and
   13  within each agency by program and within each program at  the  following
   14  level of detail and in the following order:
   15    (a)  by  fund  type,  which  at  a minimum shall include general fund,
   16  special revenue-other funds, capital projects  funds  and  debt  service
   17  funds;
   18    (b) for personal service appropriations, separate appropriations shall
   19  be  made  for  regular personal service, temporary personal service, and
   20  holiday and overtime pay;
   21    (c) for nonpersonal service  appropriations,  separate  appropriations
   22  shall  be made for supplies and materials, travel, contractual services,
   23  equipment and fringe benefits, as appropriate.
   24    5. [Any appropriation added pursuant to section four of article  seven
   25  of  the  constitution  without  designating a grantee shall be allocated
   26  only pursuant to a plan setting forth an itemized list of grantees  with
   27  the  amount  to  be  received by each, or the methodology for allocating
   28  such appropriation. Such plan shall be subject to the  approval  of  the
   29  chair  of  the  senate finance committee, the chair of the assembly ways
   30  and means committee, and the director  of  the  budget,  and  thereafter
   31  shall be included in a concurrent resolution calling for the expenditure
   32  of  such monies, which resolution must be approved by a majority vote of
   33  all members elected to each house upon a roll call vote.] THE PROVISIONS
   34  OF THIS SECTION SHALL NOT  PRECLUDE  MEMBERS  OF  THE  LEGISLATURE  FROM
   35  COLLABORATING WITH EACH OTHER IN THE SELECTION OF MEMBER ITEMS AND PACK-
   36  AGING  THEIR  INDIVIDUAL  MEMBER  ITEM  ALLOCATIONS  TOGETHER WITH OTHER
   37  MEMBER'S ALLOCATIONS FOR SPECIFIED REGIONAL OR JOINT PROJECTS.
   38    S 3. Section 99-d of the state finance law, as added by chapter 474 of
   39  the laws of 1996, is renumbered section 99-w and the section heading and
   40  subdivision 1, subdivision 1 as amended by section 2 of part BB of chap-
   41  ter 686 of the laws of 2003, are amended to read as follows:
   42    [Community] LEGISLATIVE COMMUNITY projects fund. 1.  There  is  hereby
   43  established in the joint custody of the comptroller and the commissioner
   44  of  taxation  and  finance a special fund to be known as the LEGISLATIVE
   45  community projects fund. This fund may have separate accounts designated
   46  pursuant to a specific appropriation to such account or  pursuant  to  a
   47  written  suballocation  plan  approved  in a memorandum of understanding
   48  executed by the director of the budget,  the  secretary  of  the  senate
   49  finance  committee  and  the  secretary  of  the assembly ways and means
   50  committee. Such suballocation shall be submitted to the comptroller.
   51    S 4. The state finance law is amended by adding a new section 99-x  to
   52  read as follows:
   53    S  99-X.  EXECUTIVE COMMUNITY PROJECTS FUND. 1. THERE IS HEREBY ESTAB-
   54  LISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE  COMMISSIONER  OF
   55  TAXATION  AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE EXECUTIVE COMMU-
   56  NITY PROJECTS FUND. THIS FUND  MAY  HAVE  SEPARATE  ACCOUNTS  DESIGNATED
       S. 957                              5
    1  PURSUANT  TO  A  SPECIFIC APPROPRIATION TO SUCH ACCOUNT OR PURSUANT TO A
    2  WRITTEN SUBALLOCATION PLAN APPROVED IN  A  MEMORANDUM  OF  UNDERSTANDING
    3  EXECUTED  BY  THE  DIRECTOR  OF  THE BUDGET, THE SECRETARY OF THE SENATE
    4  FINANCE  COMMITTEE  AND  THE  SECRETARY  OF  THE ASSEMBLY WAYS AND MEANS
    5  COMMITTEE. SUCH SUBALLOCATION SHALL BE SUBMITTED TO THE COMPTROLLER.
    6    2. SUCH FUND SHALL CONSIST OF MONIES TRANSFERRED TO SUCH FUND FROM THE
    7  GENERAL FUND/STATE PURPOSES ACCOUNT, OR ANY OTHER MONIES REQUIRED TO  BE
    8  TRANSFERRED  OR  DEPOSITED.  MONIES  MAY  NOT  BE  TRANSFERRED OR LOANED
    9  BETWEEN  THE  ACCOUNTS  OF  THIS  FUND,  UNLESS  SPECIFICALLY  OTHERWISE
   10  PROVIDED  BY  LETTER SIGNED BY THE DIRECTOR OF THE BUDGET, BUT ONLY UPON
   11  THE JOINT REQUEST OF THE SECRETARY OF THE SENATE FINANCE  COMMITTEE  AND
   12  THE SECRETARY OF THE ASSEMBLY WAYS AND MEANS COMMITTEE.
   13    3.  (A)  AS  REQUIRED  TO MAKE TIMELY PAYMENTS FROM SUCH ACCOUNTS UPON
   14  PRESENTMENT OF PROPER VOUCHERS THEREFOR,  THE  STATE  COMPTROLLER  SHALL
   15  MAKE  TRANSFERS  TO  ANY ACCOUNT IN THIS FUND UP TO THE AMOUNTS ANNUALLY
   16  SPECIFIED FOR TRANSFER TO SUCH ACCOUNT AND IN COMPLIANCE  WITH  SUBDIVI-
   17  SION TWO OF THIS SECTION, BUT ONLY FROM SUCH FUND OR FUNDS AUTHORIZED TO
   18  PROVIDE SUCH TRANSFERS.
   19    (B)  BY  THE  CLOSE OF EACH FISCAL YEAR, ALL REMAINING AMOUNTS NOT YET
   20  TRANSFERRED SHALL BE TRANSFERRED TO THE DESIGNATED  ACCOUNTS  FOR  WHICH
   21  SUCH  TRANSFERS  WERE  AUTHORIZED, UP TO THE TOTAL AMOUNTS SPECIFIED FOR
   22  TRANSFER TO EACH ACCOUNT IN EACH FISCAL  YEAR  AND  IN  COMPLIANCE  WITH
   23  SUBDIVISION TWO OF THIS SECTION.
   24    4.  NOTWITHSTANDING  SECTION  FORTY  OF  THIS  CHAPTER  OR  ANY  OTHER
   25  PROVISION OF LAW, APPROPRIATIONS OF THIS FUND  SHALL  BE  AVAILABLE  FOR
   26  LIABILITIES  INCURRED  DURING AND AFTER THE CLOSE OF THE FISCAL YEAR FOR
   27  WHICH SUCH APPROPRIATIONS ARE ENACTED, PROVIDED HOWEVER THAT SUCH APPRO-
   28  PRIATIONS SHALL LAPSE ON THE FIFTEENTH DAY OF  SEPTEMBER  FOLLOWING  THE
   29  CLOSE  OF THE FISCAL YEAR, AND NO MONIES SHALL THEREAFTER BE PAID OUT OF
   30  THE STATE TREASURY OR ANY OF ITS FUNDS OR THE FUNDS UNDER ITS MANAGEMENT
   31  PURSUANT TO SUCH APPROPRIATIONS.
   32    5.  THE DIRECTOR OF THE BUDGET SHALL ISSUE A CERTIFICATE  OF  APPROVAL
   33  FOR  ANY  APPROPRIATION  IN  ANY  ACCOUNT OF THIS FUND NO LATER THAN THE
   34  LATER OF SIXTY DAYS AFTER THE ENACTMENT OF SUCH  APPROPRIATION  OR  FIVE
   35  DAYS AFTER THE EXECUTION OF A WRITTEN SUBALLOCATION PLAN PURSUANT TO THE
   36  PROVISIONS  OF  SUBDIVISION  ONE  OF  THIS  SECTION. SUCH APPROVAL SHALL
   37  SATISFY ANY OTHER REQUIREMENT FOR A CERTIFICATE OF APPROVAL.
   38    6. (A) THE STATE SHALL NOT BE LIABLE  FOR  PAYMENTS  PURSUANT  TO  ANY
   39  CONTRACT,  GRANT  OR  AGREEMENT MADE PURSUANT TO AN APPROPRIATION IN ANY
   40  ACCOUNT OF THIS FUND IF INSUFFICIENT MONIES ARE AVAILABLE  FOR  TRANSFER
   41  TO  SUCH  ACCOUNT  OF  THIS  FUND,  AFTER REQUIRED TRANSFERS PURSUANT TO
   42  SUBDIVISION THREE OF THIS SECTION. EXCEPT WITH  RESPECT  TO  GRANTS,  OR
   43  AGREEMENTS EXECUTED BY ANY STATE OFFICER, EMPLOYEE, DEPARTMENT, INSTITU-
   44  TION,  COMMISSION,  BOARD,  OR  OTHER  AGENCY  OF THE STATE PRIOR TO THE
   45  EFFECTIVE DATE OF THIS SECTION, ANY CONTRACT, GRANT  OR  AGREEMENT  MADE
   46  PURSUANT  TO  AN  APPROPRIATION  IN  THIS  FUND  SHALL  INCORPORATE THIS
   47  PROVISION AS A TERM OF SUCH CONTRACT, GRANT OR AGREEMENT.
   48    (B) THE EXHAUSTION OF FUNDS AVAILABLE FOR  SUCH  TRANSFERS  SHALL  NOT
   49  PRECLUDE  THE  APPROVAL  OF  CONTRACTS HEREUNDER PURSUANT TO SECTION ONE
   50  HUNDRED TWELVE OF THIS CHAPTER. NOTWITHSTANDING ANY OTHER  PROVISION  OF
   51  LAW,  INTEREST  SHALL  NOT BE DUE TO ANY RECIPIENT FOR ANY LATE PAYMENTS
   52  MADE FROM THIS FUND WHICH RESULT FROM INSUFFICIENT MONIES  BEING  AVAIL-
   53  ABLE IN AN ACCOUNT OF THIS FUND.
   54    7.  MONIES SHALL BE PAID OUT OF SUCH ACCOUNTS ON THE AUDIT AND WARRANT
   55  OF THE STATE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY  THE  HEAD
   56  OF THE APPROPRIATE AGENCY.
       S. 957                              6
    1    S 5. This act does not preclude either house of the legislature or the
    2  governor  from  adopting more stringent standards through its own guide-
    3  lines or through the application process.
    4    S  6. Member item grants shall continue to be subject to review by the
    5  respective assembly and senate fiscal and counsel  staffs,  division  of
    6  the  budget,  the  administering  state  agency, the office of the state
    7  comptroller, and the office of the attorney general. Nothing in this act
    8  shall limit the authority of the  state  comptroller  and  the  attorney
    9  general to review member item grant recipients or member item grants.
   10    S 7. This act shall take effect immediately.