2023 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.