§ 40 — Period for which appropriations made

§ 40. Period for which appropriations made. 1. The budget and the\nbudget bills submitted by the governor shall include all appropriations\nwhich in the opinion of the governor will be required during the full\nsucceeding fiscal year.\n 2. (a) No appropriation made at a regular session of the legislature\nshall, unless the contrary is expressly provided in the act by which\nsuch appropriation is made, be available prior to the commencement of\nthe fiscal year for which the budget is adopted at such session, and\nevery appropriation made at such session, except as provided in\nparagraphs (b), (d), and (e) of this subdivision, shall cease to have\nforce and effect, except as to liabilities already incurred thereunder,\nat the close of such fiscal year.\n (b) Every deficiency appropriation made at a regular session of the\nlegislature which by the express terms of the act by which such\nappropriation is made shall be available prior to the commencement of\nthe fiscal year for which the budget is adopted at such session shall\ncease to have force and effect, except as to liabilities already\nincurred thereunder, at the close of the fiscal year in which such\nappropriation shall become available.\n (c) Every appropriation made at an extraordinary session of the\nlegislature shall, unless the contrary is expressly provided in the act\nby which such appropriation is made, be available immediately upon the\ntaking effect of such act and shall cease to have force and effect,\nexcept as to liabilities already incurred thereunder, at the close of\nthe fiscal year in which such appropriation shall become available.\n (d) Every appropriation enacted in the fund type special revenue\nfunds-federal for a grant period which extends beyond March thirty-first\nof the fiscal year in which the appropriations are enacted shall be\navailable for liabilities incurred during such grant period after such\nMarch thirty-first date.\n (e) All state operations appropriations made to the city university of\nNew York and the state university of New York shall cease to have force\nand effect, except as to liabilities already incurred thereunder, as of\nthe thirtieth day of June immediately following the state fiscal year\nfor which they are enacted.\n 3. Every appropriation for whatever purpose which at the close of the\nfiscal year shall cease to have force and effect except as to\nliabilities already incurred thereunder shall as to such liabilities\ncontinue in force and effect until the dates specified in paragraphs\n(a), (b), (c) and (d) of this subdivision, on which dates such\nappropriation shall lapse and no money shall thereafter be paid out of\nthe state treasury or any of its funds or any of the funds under its\nmanagement pursuant to such appropriation.\n (a) Except for appropriations made to city university of New York and\nthe state university of New York, all state operations appropriations\nincluding special revenue funds-federal appropriations continued\npursuant to paragraph (d) of subdivision two of this section shall lapse\non the thirtieth day of June immediately following the close of the\nfiscal year. The appropriations made to the city university of New York\nor the state university of New York shall lapse on the thirtieth day of\nSeptember immediately following the close of the fiscal year.\n (b) All aid to localities appropriations including special revenue\nfunds-federal appropriations continued pursuant to paragraph (d) of\nsubdivision two of this section shall lapse on the fifteenth day of\nSeptember immediately following the close of the fiscal year.\n (c) All capital projects appropriations shall lapse on the fifteenth\nday of September immediately following the close of the fiscal year.\n (d) All other appropriations shall lapse on the fifteenth day of\nSeptember immediately following the close of the fiscal year.\n * 4. Every appropriation made from a fund or account to a department\nor agency shall be available for the payment of prior years' liabilities\nin such fund or account for fringe benefits, indirect costs, and\ntelecommunications expenses and expenses for other centralized services\nfund programs without limit. Every appropriation shall also be available\nfor the payment of prior years' liabilities other than those indicated\nabove, but only to the extent of one-half of one percent of the total\namount appropriated to a department or agency in such fund or account.\n The provisions of this subdivision shall expire March thirty-first,\ntwo thousand twenty-seven.\n * NB Repealed March 31, 2027\n