NY State Fin L § 44 (2021)
2021 New York Laws STF - State Finance Article 4 - Appropriations 44 - Appropriations for Personal Service; General.

§  44.  Appropriations for personal service; general. 1. The salary or   compensation of any officer or employee, when not prescribed by law, for   which an appropriation is made or  for  which  an  allocation  has  been   approved  pursuant to law by the director of the budget, may be fixed by   the  department,  official  or  officials  appointing  such  officer  or   employee subject to the approval of the director of the budget and at an   amount  less  than  but  not  greater than the amount so appropriated or   allocated for the salary or compensation of such  officer  or  employee;   and  when  any  appropriation is made or allocation approved pursuant to   law by the director of the budget for compensation at a  per  diem  rate   for  a  stated  number  of  days,  the department, official or officials   employing such employee shall  have  the  authority  to  employ  in  the   position  the  number  of employees for whom compensation is provided in   the appropriation or allocation, calculating one employee for each three   hundred days, the provisions of any general or special  statute  to  the   contrary notwithstanding.No  appropriation  or  allocation shall be available for the salary or   compensation of any regular officer  or  employee  whose  employment  or   office  is  not  specified in the act containing the appropriation or in   the allocation approved  by  the  director  of  the  budget  unless  his   appointment or employment is expressly authorized.2.  Any  appropriations  for salary, compensation or expenses shall be   the salary, compensation or  expenses  for  one  year  of  the  officer,   employee,  office,  board,  department, commission or bureau for whom or   which the same is appropriated, notwithstanding existing  provisions  of   any  other statute fixing the annual salary, compensation or expenses of   such officer  or  employee  or  the  expenses  of  such  office,  board,   department, commission or bureau at a different amount.3. In identifying and connecting any officer or employee, other than a   legislative  or  judicial  officer  or  employee,  with  his  office  or   position, for the purposes of this section, the state  comptroller,  the   state  civil  service  commission  and the heads of departments shall be   governed by a certificate of identification certified  to  them  by  the   director  of  the  budget, and such certificate shall have the force and   effect of law for such purposes.4. When in any act an appropriation is made for personal  service  and   is  accompanied by a schedule showing positions and salaries, no part of   such appropriation shall be expended  for  a  purpose  or  position  not   enumerated  in  such  schedule  nor shall any schedule item be exceeded;   provided, however, that upon the approval of the director of the  budget   and the state civil service commission where the position involved is in   the  classified  civil  service, and of the director of the budget where   the position involved is in the unclassified civil service,  a  part  of   any  such  appropriation  may  be  expended  for  a position in the same   occupational field or service, carrying a title, grade and salary  lower   than the position for which the appropriation is made, the provisions of   any  general  or special statute to the contrary notwithstanding. Except   as otherwise provided in this subdivision, the amount shown in any  such   schedule  for salary or compensation shall be the salary or compensation   for one year of the officer or employee for whom the same is  scheduled,   notwithstanding  existing  provisions  of  any  other statute fixing the   annual salary or compensation of such officer or employee at a different   amount; provided, however, that the provisions of this subdivision shall   not be construed to prohibit the addition to the salary or  compensation   of  any state officer or employee, pursuant to subdivision eight of this   section, of an annual increment  or  other  salary  increase,  which  is   otherwise  effective on the first day of a fiscal year, at the beginning    of the bi-weekly payroll period the first day of which is nearest to the   first day of such fiscal year.5. The amount shown in any schedule for salary or compensation, or for   maintenance  and  operation  shall be the salary or compensation, or the   amount available for expenses of  maintenance  and  operation,  for  the   period  fixed  in  such  schedule,  of  the officer or employee, office,   board, department, commission or bureau for whom or which  the  same  is   scheduled.6.   No   position,  contained  in  a  schedule  of  positions  in  an   appropriation  act  or  in  an  approved  segregation  of  a  lump   sum   appropriation  pursuant  to  this  chapter, shall, during the period for   which funds  are  appropriated  or  segregated  for  such  position,  be   transferred  from the organizational unit in which such position appears   in such schedule or segregation except upon request of  the  head  of  a   department  or  other  state  agency and approval by the director of the   budget. When approved by the director of the budget, he  shall  issue  a   certificate to the head of the department or other state agency in which   the  position  exists  and  to  the  state  comptroller  authorizing the   transfer of the position and the appropriation made therefor. Copies  of   such  certificate  shall be filed with the senate finance committee, the   assembly  ways  and  means  committee  and  the  state   civil   service   commission.7.  When  food,  lodging  or other maintenance is allowed to any state   employee or other person,  the  director  of  the  budget  may,  in  his   discretion, require a charge therefor at rates established by him.8.  Notwithstanding  any  other  provisions  of this chapter or of any   other law, when any officer or employee of the state whose  compensation   is  payable in accordance with section six of this chapter is granted an   increment or increase in salary or compensation pursuant to  statute  or   pursuant  to  budgetary appropriation or as a result of reclassification   or reallocation, which increment or increase is otherwise  effective  on   the  first  day  of  a  fiscal year, such increment or increase shall be   added to the salary or compensation of such officer or employee  at  the   beginning  of  that  payroll period the first day of which is nearest to   the first day of the  fiscal  year;  provided,  however,  that  for  the   purposes  of  determining  the  salary  of such officer or employee upon   reclassification,  reallocation,   appointment,   promotion,   transfer,   demotion,  reinstatement  or  other  change of status, such increment or   increase shall be deemed to be effective on the first day of the  fiscal   year,  and  the payment thereof, pursuant to this subdivision, on a date   prior to the first day of any fiscal year, instead of on the  first  day   of  such  fiscal year, shall not operate to confer any additional salary   or increment rights or benefits upon any officer  or  employee.  If  the   first  day  of the fiscal year is exactly midway between the two nearest   first days of payroll periods, the earlier of  such  two  nearest  first   days of payroll periods shall be deemed to be nearer to the first day of   the fiscal year.