New York Laws
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.