Bill Text: NY S01681 | 2011-2012 | General Assembly | Introduced
Bill Title: Clarifies the appropriation and qualification of member items; authorizes the legislative ethics commission to review violations of the qualification of member items, and requires that all member items be fully itemized.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-01-25 - PRINT NUMBER 1681A [S01681 Detail]
Download: New_York-2011-S01681-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1681 2011-2012 Regular Sessions I N S E N A T E January 11, 2011 ___________ Introduced by Sens. SERRANO, BONACIC, BRESLIN, DeFRANCISCO, GRIFFO, KRUEGER, LITTLE, OPPENHEIMER, PERALTA, SALAND, 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-b 2 to read as follows: 3 S 54-B. 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-T OF THE STATE 6 FINANCE LAW, AND THE EXECUTIVE COMMUNITY PROJECTS FUND AS DEFINED IN 7 SECTION NINETY-NINE-U 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. LBD00290-01-1 S. 1681 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. 1681 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. 1681 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. Paragraph 1 of subdivision 7 of section 80 of the legislative 5 law, as amended by chapter 14 of the laws of 2007, is amended to read as 6 follows: 7 l. Receive and act on complaints regarding persons subject to its 8 jurisdiction alleging a possible violation of SECTION FIFTY-FOUR-B OF 9 THIS CHAPTER OR section seventy-three, seventy-three-a or seventy-four 10 of the public officers law, and conduct such investigations and 11 proceedings as are authorized and necessary to carry out the provisions 12 of this section. In connection with such investigations, the commission 13 may administer oaths or affirmations, subpoena witnesses, compel their 14 attendance and require the production of any books or records which it 15 may deem relevant or material; 16 S 3. Subdivisions 4 and 5 of section 24 of the state finance law, as 17 added by chapter 1 of the laws of 2007, are amended to read as follows: 18 4. Any appropriation added to such budget bills, pursuant to section 19 four of article seven of the constitution, shall only contain itemized 20 appropriations which shall not be in the form of lump sum appropri- 21 ations[,] AND SHALL DESIGNATE FOR EACH APPROPRIATION A GRANTEE OF SUCH 22 APPROPRIATION, and [provided further that] for all non-federal state 23 operations appropriations, such bill or bills shall only contain item- 24 ized appropriations and shall be made, where practicable, by agency, and 25 within each agency by program and within each program at the following 26 level of detail and in the following order: 27 (a) by fund type, which at a minimum shall include general fund, 28 special revenue-other funds, capital projects funds and debt service 29 funds; 30 (b) for personal service appropriations, separate appropriations shall 31 be made for regular personal service, temporary personal service, and 32 holiday and overtime pay; 33 (c) for nonpersonal service appropriations, separate appropriations 34 shall be made for supplies and materials, travel, contractual services, 35 equipment and fringe benefits, as appropriate. 36 5. [Any appropriation added pursuant to section four of article seven 37 of the constitution without designating a grantee shall be allocated 38 only pursuant to a plan setting forth an itemized list of grantees with 39 the amount to be received by each, or the methodology for allocating 40 such appropriation. Such plan shall be subject to the approval of the 41 chair of the senate finance committee, the chair of the assembly ways 42 and means committee, and the director of the budget, and thereafter 43 shall be included in a concurrent resolution calling for the expenditure 44 of such monies, which resolution must be approved by a majority vote of 45 all members elected to each house upon a roll call vote.] THE PROVISIONS 46 OF THIS SECTION SHALL NOT PRECLUDE MEMBERS OF THE LEGISLATURE FROM 47 COLLABORATING WITH EACH OTHER IN THE SELECTION OF MEMBER ITEMS AND PACK- 48 AGING THEIR INDIVIDUAL MEMBER ITEM ALLOCATIONS TOGETHER WITH OTHER 49 MEMBER'S ALLOCATIONS FOR SPECIFIED REGIONAL OR JOINT PROJECTS. 50 S 4. Section 99-d of the state finance law, as added by chapter 474 of 51 the laws of 1996, is renumbered section 99-t and the section heading, as 52 added by chapter 474 of the laws of 1996, and subdivision 1, as amended 53 by section 2 of part BB of chapter 686 of the laws of 2003, are amended 54 to read as follows: 55 [Community] LEGISLATIVE COMMUNITY projects fund. 1. There is hereby 56 established in the joint custody of the comptroller and the commissioner S. 1681 5 1 of taxation and finance a special fund to be known as the LEGISLATIVE 2 community projects fund. This fund may have separate accounts designated 3 pursuant to a specific appropriation to such account or pursuant to a 4 written suballocation plan approved in a memorandum of understanding 5 executed by the director of the budget, the secretary of the senate 6 finance committee and the secretary of the assembly ways and means 7 committee. Such suballocation shall be submitted to the comptroller. 8 S 5. The state finance law is amended by adding a new section 99-u to 9 read as follows: 10 S 99-U. EXECUTIVE COMMUNITY PROJECTS FUND. 1. THERE IS HEREBY ESTAB- 11 LISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER OF 12 TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE EXECUTIVE COMMU- 13 NITY PROJECTS FUND. THIS FUND MAY HAVE SEPARATE ACCOUNTS DESIGNATED 14 PURSUANT TO A SPECIFIC APPROPRIATION TO SUCH ACCOUNT OR PURSUANT TO A 15 WRITTEN SUBALLOCATION PLAN APPROVED IN A MEMORANDUM OF UNDERSTANDING 16 EXECUTED BY THE DIRECTOR OF THE BUDGET, THE SECRETARY OF THE SENATE 17 FINANCE COMMITTEE AND THE SECRETARY OF THE ASSEMBLY WAYS AND MEANS 18 COMMITTEE. SUCH SUBALLOCATION SHALL BE SUBMITTED TO THE COMPTROLLER. 19 2. SUCH FUND SHALL CONSIST OF MONIES TRANSFERRED TO SUCH FUND FROM THE 20 GENERAL FUND/STATE PURPOSES ACCOUNT, OR ANY OTHER MONIES REQUIRED TO BE 21 TRANSFERRED OR DEPOSITED. MONIES MAY NOT BE TRANSFERRED OR LOANED 22 BETWEEN THE ACCOUNTS OF THIS FUND, UNLESS SPECIFICALLY OTHERWISE 23 PROVIDED BY LETTER SIGNED BY THE DIRECTOR OF THE BUDGET, BUT ONLY UPON 24 THE JOINT REQUEST OF THE SECRETARY OF THE SENATE FINANCE COMMITTEE AND 25 THE SECRETARY OF THE ASSEMBLY WAYS AND MEANS COMMITTEE. 26 3. (A) AS REQUIRED TO MAKE TIMELY PAYMENTS FROM SUCH ACCOUNTS UPON 27 PRESENTMENT OF PROPER VOUCHERS THEREFOR, THE STATE COMPTROLLER SHALL 28 MAKE TRANSFERS TO ANY ACCOUNT IN THIS FUND UP TO THE AMOUNTS ANNUALLY 29 SPECIFIED FOR TRANSFER TO SUCH ACCOUNT AND IN COMPLIANCE WITH SUBDIVI- 30 SION TWO OF THIS SECTION, BUT ONLY FROM SUCH FUND OR FUNDS AUTHORIZED TO 31 PROVIDE SUCH TRANSFERS. 32 (B) BY THE CLOSE OF EACH FISCAL YEAR, ALL REMAINING AMOUNTS NOT YET 33 TRANSFERRED SHALL BE TRANSFERRED TO THE DESIGNATED ACCOUNTS FOR WHICH 34 SUCH TRANSFERS WERE AUTHORIZED, UP TO THE TOTAL AMOUNTS SPECIFIED FOR 35 TRANSFER TO EACH ACCOUNT IN EACH FISCAL YEAR AND IN COMPLIANCE WITH 36 SUBDIVISION TWO OF THIS SECTION. 37 4. NOTWITHSTANDING SECTION FORTY OF THIS CHAPTER OR ANY OTHER 38 PROVISION OF LAW, APPROPRIATIONS OF THIS FUND SHALL BE AVAILABLE FOR 39 LIABILITIES INCURRED DURING AND AFTER THE CLOSE OF THE FISCAL YEAR FOR 40 WHICH SUCH APPROPRIATIONS ARE ENACTED, PROVIDED HOWEVER THAT SUCH APPRO- 41 PRIATIONS SHALL LAPSE ON THE FIFTEENTH DAY OF SEPTEMBER FOLLOWING THE 42 CLOSE OF THE FISCAL YEAR, AND NO MONIES SHALL THEREAFTER BE PAID OUT OF 43 THE STATE TREASURY OR ANY OF ITS FUNDS OR THE FUNDS UNDER ITS MANAGEMENT 44 PURSUANT TO SUCH APPROPRIATIONS. 45 5. THE DIRECTOR OF THE BUDGET SHALL ISSUE A CERTIFICATE OF APPROVAL 46 FOR ANY APPROPRIATION IN ANY ACCOUNT OF THIS FUND NO LATER THAN THE 47 LATER OF SIXTY DAYS AFTER THE ENACTMENT OF SUCH APPROPRIATION OR FIVE 48 DAYS AFTER THE EXECUTION OF A WRITTEN SUBALLOCATION PLAN PURSUANT TO THE 49 PROVISIONS OF SUBDIVISION ONE OF THIS SECTION. SUCH APPROVAL SHALL 50 SATISFY ANY OTHER REQUIREMENT FOR A CERTIFICATE OF APPROVAL. 51 6. (A) THE STATE SHALL NOT BE LIABLE FOR PAYMENTS PURSUANT TO ANY 52 CONTRACT, GRANT OR AGREEMENT MADE PURSUANT TO AN APPROPRIATION IN ANY 53 ACCOUNT OF THIS FUND IF INSUFFICIENT MONIES ARE AVAILABLE FOR TRANSFER 54 TO SUCH ACCOUNT OF THIS FUND, AFTER REQUIRED TRANSFERS PURSUANT TO 55 SUBDIVISION THREE OF THIS SECTION. EXCEPT WITH RESPECT TO, GRANTS, OR 56 AGREEMENTS EXECUTED BY ANY STATE OFFICER, EMPLOYEE, DEPARTMENT, INSTITU- S. 1681 6 1 TION, COMMISSION, BOARD, OR OTHER AGENCY OF THE STATE PRIOR TO THE 2 EFFECTIVE DATE OF THIS SECTION, ANY CONTRACT, GRANT OR AGREEMENT MADE 3 PURSUANT TO AN APPROPRIATION IN THIS FUND SHALL INCORPORATE THIS 4 PROVISION AS A TERM OF SUCH CONTRACT, GRANT OR AGREEMENT. 5 (B) THE EXHAUSTION OF FUNDS AVAILABLE FOR SUCH TRANSFERS SHALL NOT 6 PRECLUDE THE APPROVAL OF CONTRACTS HEREUNDER PURSUANT TO SECTION ONE 7 HUNDRED TWELVE OF THIS CHAPTER. NOTWITHSTANDING ANY OTHER PROVISION OF 8 LAW, INTEREST SHALL NOT BE DUE TO ANY RECIPIENT FOR ANY LATE PAYMENTS 9 MADE FROM THIS FUND WHICH RESULT FROM INSUFFICIENT MONIES BEING AVAIL- 10 ABLE IN AN ACCOUNT OF THIS FUND. 11 7. MONIES SHALL BE PAID OUT OF SUCH ACCOUNTS ON THE AUDIT AND WARRANT 12 OF THE STATE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE HEAD 13 OF THE APPROPRIATE AGENCY. 14 S 6. This act does not preclude either house of the legislature or the 15 governor from adopting more stringent standards through its own guide- 16 lines or through the application process. 17 S 7. Member item grants shall continue to be subject to review by the 18 respective assembly and senate fiscal and counsel staffs, division of 19 the budget, the administering state agency, the office of the state 20 comptroller, and the office of the attorney general. Nothing in this act 21 shall limit the authority of the state comptroller and the attorney 22 general to review member item grant recipients or member item grants. 23 S 8. This act shall take effect immediately.