2023 New York Laws › STF - State Finance › Article 4 - Appropriations › 40 - Period for Which Appropriations Made.

§  40.  Period  for  which  appropriations made. 1. The budget and the
budget bills submitted by the governor shall include all  appropriations
which  in  the  opinion of the governor will be required during the full
succeeding fiscal year.
2. (a) No appropriation made at a regular session of  the  legislature
shall,  unless  the  contrary  is expressly provided in the act by which
such appropriation is made, be available prior to  the  commencement  of
the  fiscal  year  for  which the budget is adopted at such session, and
every  appropriation  made  at  such  session,  except  as  provided  in
paragraphs  (b),  (d),  and (e) of this subdivision, shall cease to have
force and effect, except as to liabilities already incurred  thereunder,
at the close of such fiscal year.
(b)  Every  deficiency  appropriation made at a regular session of the
legislature which by  the  express  terms  of  the  act  by  which  such
appropriation  is  made  shall be available prior to the commencement of
the fiscal year for which the budget is adopted at  such  session  shall
cease  to  have  force  and  effect,  except  as  to liabilities already
incurred thereunder, at the close of  the  fiscal  year  in  which  such
appropriation shall become available.
(c)  Every  appropriation  made  at  an  extraordinary  session of the
legislature shall, unless the contrary is expressly provided in the  act
by  which  such appropriation is made, be available immediately upon the
taking effect of such act and shall cease  to  have  force  and  effect,
except  as  to  liabilities already incurred thereunder, at the close of
the fiscal year in which such appropriation shall become available.
(d) Every appropriation enacted  in  the  fund  type  special  revenue
funds-federal for a grant period which extends beyond March thirty-first
of  the  fiscal  year  in  which the appropriations are enacted shall be
available for liabilities incurred during such grant period  after  such
March thirty-first date.
(e) All state operations appropriations made to the city university of
New  York and the state university of New York shall cease to have force
and effect, except as to liabilities already incurred thereunder, as  of
the  thirtieth  day  of June immediately following the state fiscal year
for which they are enacted.
3. Every appropriation for whatever purpose which at the close of  the
fiscal  year  shall  cease  to  have  force  and  effect  except  as  to
liabilities already incurred thereunder shall  as  to  such  liabilities
continue  in  force  and  effect until the dates specified in paragraphs
(a), (b),  (c)  and  (d)  of  this  subdivision,  on  which  dates  such
appropriation  shall  lapse and no money shall thereafter be paid out of
the state treasury or any of its funds or any of  the  funds  under  its
management pursuant to such appropriation.
(a)  Except for appropriations made to city university of New York and
the state university of New York, all  state  operations  appropriations
including   special   revenue   funds-federal  appropriations  continued
pursuant to paragraph (d) of subdivision two of this section shall lapse
on the thirtieth day of June immediately  following  the  close  of  the
fiscal  year. The appropriations made to the city university of New York
or the state university of New York shall lapse on the thirtieth day  of
September immediately following the close of the fiscal year.
(b)  All  aid  to  localities appropriations including special revenue
funds-federal appropriations continued  pursuant  to  paragraph  (d)  of
subdivision  two  of  this  section  shall lapse on the fifteenth day of
September immediately following the close of the fiscal year.
(c) All capital projects appropriations shall lapse on  the  fifteenth
day of September immediately following the close of the fiscal year.
(d)  All  other  appropriations  shall  lapse  on the fifteenth day of
September immediately following the close of the fiscal year.
* 4.  Every  appropriation made from a fund or account to a department
or agency shall be available for the payment of prior years' liabilities
in such fund  or  account  for  fringe  benefits,  indirect  costs,  and
telecommunications  expenses and expenses for other centralized services
fund programs without limit. Every appropriation shall also be available
for the payment of prior years' liabilities other than  those  indicated
above,  but  only  to the extent of one-half of one percent of the total
amount appropriated to a department or agency in such fund or account.
The provisions of this subdivision shall  expire  March  thirty-first,
two thousand twenty-seven.
* NB Repealed March 31, 2027