NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9851
SPONSOR: Weinstein TITLE OF BILL:
An act making appropriations for the support of government; to amend
chapter 111 of the laws of 2024, relating to making appropriations for
the support of government, in relation thereto; to amend chapter 113 of
the laws of 2024, relating to making appropriations for the support of
government, in relation thereto; and to amend chapter 114 of the laws of
2024, relating to making appropriations for the support of government,
in relation thereto, and providing for the repeal of such provisions
upon expiration thereof
PURPOSE:
This bill provides appropriations to various State departments and agen-
cies to permit certain payments due from April 1 to April 18, 2024, to
be made absent enactment of the Budget appropriation bills submitted by
the Governor for the State fiscal year beginning April 1, 2024.
SUMMARY OF PROVISIONS:
Section 1 authorizes the Comptroller to utilize the appropriations
contained in this bill, which relate to the 2024-25 State fiscal year,
absent enactment of the 2024-25 Budget.
Section 2 provides $234.5 million in additional appropriation authority
for personal service payments scheduled to be made to State officers and
employees on the payrolls scheduled to be paid between April 1, 2024 and
April 18, 2024. This appropriation also includes funding for payment of
health care and mental hygiene bonuses to eligible State employees, and
payment for services performed by mentally ill or developmentally disa-
bled persons who are employed in State operated special employment, work
for pay or sheltered workshop programs.
Section 3 continues $32 million appropriation authority for nonpersonal
service payments by various State agencies. It is the intent of this
section to provide sufficient authorization for agencies to enter into
contracts, the terms of which may continue beyond the life of this
appropriation and for which payments for liabilities incurred beyond
April 18, 2024 would be made subject to additional future appropri-
ations.
Section 4 provides $16.8 million in additional appropriation authority
for payment of State employee and retiree fringe benefits and other
fixed costs mandated by statute or collective bargaining agreement
during the period April 1 to April 18, 2024. The appropriation amount
includes the State's contribution to the Social Security payroll tax,
the Voluntary Defined Contribution Plan, and the Metropolitan Commuter
Transportation Mobility Tax.
Section 5:
Expenditures and disbursements made against these appropriations shall,
upon final action by the Legislature on the appropriation bills submit-
ted by the Governor for the support of government for the State fiscal
year beginning April 1, 2024, be transferred by the Comptroller as
expenditures and disbursements to such appropriations for State depart-
ments and agencies. Accordingly, this bill will have no additional
impact on the State's 2024-25 Financial Plan.
STATE OF NEW YORK
________________________________________________________________________
9851
IN ASSEMBLY
April 15, 2024
___________
Introduced by M. of A. WEINSTEIN -- (at request of the Governor) -- read
once and referred to the Committee on Ways and Means
AN ACT making appropriations for the support of government; to amend
chapter 111 of the laws of 2024, relating to making appropriations for
the support of government, in relation thereto; to amend chapter 113
of the laws of 2024, relating to making appropriations for the support
of government, in relation thereto; and to amend chapter 114 of the
laws of 2024, relating to making appropriations for the support of
government, in relation thereto, and providing for the repeal of such
provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative intent. The legislature hereby finds and
2 declares that the enactment of these appropriations provides sufficient
3 authority to the comptroller for the purpose of making payments for the
4 purposes described herein until such time as appropriation bills submit-
5 ted by the governor pursuant to article VII of the state constitution
6 for the support of government for the state fiscal year beginning April
7 1, 2024 are enacted.
8 § 2. Section 2 of chapter 111 of the laws of 2024, relating to making
9 appropriations for the support of government, as amended by chapter 115
10 of the laws of 2024, is amended to read as follows:
11 § 2. The amounts specified in this section, or so much thereof as
12 shall be sufficient to accomplish the purposes designated, is hereby
13 appropriated and authorized to be paid as hereinafter provided, to the
14 public officers and for the purpose specified, which amount shall be
15 available for the state fiscal year beginning April 1, 2024.
16 ALL STATE DEPARTMENTS AND AGENCIES
17 For the purpose of making payments for
18 personal service, including liabilities
19 incurred prior to April 1, 2024, on the
20 payrolls scheduled to be paid during the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12034-01-4
A. 9851 2
1 period April 1 through April [15] 18, 2024
2 to state officers and employees of the
3 executive branch, including the governor,
4 lieutenant governor, comptroller, and
5 attorney general, and to employees of the
6 legislature. This appropriation also
7 includes funding for payment of health
8 care and mental hygiene bonuses to eligi-
9 ble state employees, and payments for
10 services performed by mentally ill or
11 developmentally disabled persons who are
12 employed in state-operated special employ-
13 ment, work-for-pay or sheltered workshop
14 programs ................... [475,000,000] 709,500,000
15 --------------
16 § 3. Section 3 of chapter 111 of the laws of 2024, relating to making
17 appropriations for the support of government, as amended by chapter 115
18 of the laws of 2024, is amended to read as follows:
19 § 3. The amount specified in this section, or so much thereof as shall
20 be sufficient to accomplish the purpose designated, is hereby appropri-
21 ated and authorized to be paid as hereinafter provided, to the public
22 officers and for the purpose specified, which amount shall be available
23 for the state fiscal year beginning April 1, 2024.
24 ALL STATE DEPARTMENTS AND AGENCIES
25 For the payment of state operations non
26 personal service liabilities to the execu-
27 tive branch, including the comptroller,
28 and the attorney general, and legislature,
29 incurred in the ordinary course of busi-
30 ness, during the period April 1 through
31 April [15] 18, 2024, pursuant to existing
32 state law and for purposes for which the
33 legislature authorized the expenditure of
34 moneys during the 2023-2024 state fiscal
35 year; provided, however, that nothing
36 contained herein shall be deemed to limit
37 or restrict the power or authority of
38 state departments or agencies to conduct
39 their activities or operations in accord-
40 ance with existing law, and further
41 provided that nothing contained herein
42 shall be deemed to supersede, nullify or
43 modify the provisions of section 40 of the
44 state finance law prescribing when appro-
45 priations made for the 2023-2024 state
46 fiscal year shall have ceased to have
47 force and effect .........................
48 ............................................. 32,000,000
49 --------------
50 § 4. Section 4 of chapter 111 of the laws of 2024, relating to making
51 appropriations for the support of government, as amended by chapter 113
52 of the laws of 2024, is amended to read as follows:
A. 9851 3
1 § 4. The amounts specified in this section, or so much thereof as
2 shall be sufficient to accomplish the purposes designated, is hereby
3 appropriated and authorized to be paid as hereinafter provided, to the
4 public officers and for the purposes specified, which amount shall be
5 available for the state fiscal year beginning April 1, 2024.
6 MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES
7 GENERAL STATE CHARGES
8 STATE OPERATIONS
9 GENERAL STATE CHARGES ....................... [45,650,000] 62,420,000
10 --------------
11 General Fund
12 State Purposes Account - 10050
13 For employee fringe benefits according to
14 the following project schedule including
15 those benefits which are related to
16 employees paid from funds, accounts, or
17 programs where the division of the budget
18 has issued waivers ........... [44,550,000] 60,570,000
19 Project Schedule
20 PROJECT AMOUNT
21 --------------------------------------------
22 For the state's contribution
23 to the social security
24 contribution fund ..........
25 ................ [44,000,000] 60,000,000
26 For the state's share of
27 contributions to the volun-
28 tary defined contribution
29 plan made on behalf of
30 eligible employees pursuant
31 to chapter 18 of the laws of
32 2012 who elect to partic-
33 ipate in such plan and who
34 are not otherwise eligible
35 to participate in the SUNY
36 optional retirement program
37 ................... [550,000] 570,000
38 --------------
39 Project schedule total ..
40 .......... [44,550,000] 60,570,000
41 --------------
42 For the payment of the metropolitan commuter
43 transportation mobility tax pursuant to
44 article 23 of the tax law as added by
45 chapter 25 of the laws of 2009 on behalf
46 of the state employees employed in the
47 metropolitan commuter transportation
48 district ...................... [1,100,000] 1,850,000
A. 9851 4
1 --------------
2 § 5. Section 4 of chapter 114 of the laws of 2024, relating to making
3 appropriations for the support of government, as amended by chapter 115
4 of the laws of 2024, is amended to read as follows:
5 § 4. The amounts specified in this section, or so much thereof as
6 shall be sufficient to accomplish the purposes designated, is hereby
7 appropriated and authorized to be paid as hereinafter provided, to the
8 public officers and for the purposes specified, which amount shall be
9 available for the state fiscal year beginning April 1, 2024.
10 JUDICIARY
11 For the purpose of making payments for
12 personal service, including liabilities
13 incurred prior to April 1, 2024, on the
14 payrolls scheduled to be paid during the
15 period April 1 through April [15] 18, 2024
16 to officers and employees of the judiciary .. 80,000,000
17 For the payment of state operations nonper-
18 sonal service liabilities, the sum of
19 seventeen million dollars ($17,000,000),
20 or so much thereof as shall be sufficient
21 to accomplish the purpose designated, is
22 hereby appropriated to the judiciary out
23 of any moneys in the general fund or other
24 funds to the credit of the state purposes
25 account not otherwise appropriated. The
26 comptroller is hereby authorized and
27 directed to utilize this appropriation for
28 the purpose of making payments for non-
29 personal service liabilities incurred by
30 the judiciary from April 1 through April
31 [15] 18, 2024 ............................... 17,000,000
32 For the payment of aid to localities liabil-
33 ities, the sum of twelve million five
34 hundred thousand dollars ($12,500,000), or
35 so much thereof as shall be sufficient to
36 accomplish the purpose designated, is
37 hereby appropriated to the judiciary out
38 of any moneys in the general fund or other
39 funds to the credit of the state purposes
40 account not otherwise appropriated. The
41 comptroller is hereby authorized and
42 directed to utilize this appropriation for
43 the purpose of making payments for aid to
44 localities liabilities incurred by the
45 judiciary from April 1 through April [15]
46 18, 2024 .................................... 12,500,000
47 For the payment of employee fringe benefit
48 programs including, but not limited to,
49 the judiciary's contributions to the
50 health insurance fund, the employees'
51 retirement system pension accumulation
52 fund, the social security contribution
53 fund, employee benefit fund programs, the
A. 9851 5
1 dental insurance plan, the vision care
2 plan, the unemployment insurance fund, and
3 for workers' compensation benefits, the
4 sum of sixty-seven million dollars
5 ($67,000,000), or so much thereof as shall
6 be sufficient to accomplish the purpose
7 designated, is hereby appropriated to the
8 judiciary out of any moneys in the general
9 fund or other funds to the credit of the
10 state purposes account not otherwise
11 appropriated. The comptroller is hereby
12 authorized and directed to utilize this
13 appropriation for the purpose of making
14 payments for employee fringe benefit
15 liabilities incurred by the judiciary from
16 April 1 through April [15] 18, 2024 ......... 67,000,000
17 --------------
18 § 6. Section 5 of chapter 111 of the laws of 2024, relating to making
19 appropriations for the support of government, as amended by chapter 115
20 of the laws of 2024, is amended to read as follows:
21 § 5. The amounts specified in this section, or so much thereof as
22 shall be sufficient to accomplish the purposes designated, is hereby
23 appropriated and authorized to be paid as hereinafter provided, to the
24 public officers and for the purposes specified, which amount shall be
25 available for the state fiscal year beginning April 1, 2024.
26 DEPARTMENT OF HEALTH
27 AID TO LOCALITIES
28 CENTER FOR COMMUNITY HEALTH PROGRAM ......... [22,450,000] 25,660,000
29 --------------
30 General Fund
31 Local Assistance Account - 10000
32 For services and expenses related to the
33 Indian health program. The moneys hereby
34 appropriated shall be for payment of
35 financial assistance heretofore accrued or
36 hereafter to accrue (26840) .................. 6,400,000
37 --------------
38 Special Revenue Funds - Federal
39 Federal USDA-Food and Nutrition Services Fund
40 Federal Food and Nutrition Services Account - 25022
41 For various federal food and nutritional
42 services. The moneys hereby appropriated
43 shall be available for payment of finan-
44 cial assistance heretofore accrued (26986)
45 ...............................[16,050,000] 19,260,000
46 --------------
A. 9851 6
1 § 7. Section 6 of chapter 111 of the laws of 2024, relating to making
2 appropriations for the support of government, as amended by chapter 115
3 of the laws of 2024, is amended to read as follows:
4 § 6. The amounts specified in this section, or so much thereof as
5 shall be sufficient to accomplish the purposes designated, is hereby
6 appropriated and authorized to be paid as hereinafter provided, to the
7 public officers and for the purposes specified, which amount shall be
8 available for the state fiscal year beginning April 1, 2024.
9 DEPARTMENT OF LABOR
10 AID TO LOCALITIES
11 UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ...... [405,000,000] 570,000,000
12 --------------
13 Enterprise Funds
14 Unemployment Insurance Benefit Fund
15 Unemployment Insurance Benefit Account - 50650
16 For payment of unemployment insurance bene-
17 fits pursuant to article 18 of the labor
18 law or as authorized by the federal
19 government through the disaster unemploy-
20 ment assistance program, the emergency
21 unemployment compensation program, the
22 extended benefit program, the federal
23 additional compensation program or any
24 other federally funded unemployment bene-
25 fit program (34787) ......... [405,000,000] 570,000,000
26 --------------
27 § 8. Section 7 of chapter 113 of the laws of 2024, relating to making
28 appropriations for the support of government, as amended by chapter 115
29 of the laws of 2024, is amended to read as follows:
30 § 7. The amounts specified in this section, or so much thereof as
31 shall be sufficient to accomplish the purposes designated, is hereby
32 appropriated and authorized to be paid as hereinafter provided, to the
33 public officers and for the purposes specified, which amount shall be
34 available for the state fiscal year beginning April 1, 2024.
35 DEPARTMENT OF VETERANS' SERVICES
36 AID TO LOCALITIES
37 BLIND VETERAN ANNUITY ASSISTANCE PROGRAM ....................... 385,000
38 --------------
39 General Fund
40 Local Assistance Account - 10000
41 For payment of annuities to blind veterans
42 and eligible surviving spouses. Up to
43 $15,000 of this appropriation may be
44 transferred to state operations for admin-
A. 9851 7
1 istrative costs associated with this
2 program (54606) ................................ 385,000
3 --------------
4 VETERANS' BENEFITS ADVISING PROGRAM ............. [210,000] 252,000
5 --------------
6 Special Revenue Funds - Other
7 Homeless Veterans Assistance Fund
8 Homeless Veterans Assistance Account - 20204
9 For services and expenses related to home-
10 less veterans' housing, including liabil-
11 ities incurred prior to April 5, 2024 ....
12 ................................. [210,000] 252,000
13 --------------
14 § 9. No expenditure may be made from any appropriation in this act,
15 until a certificate of approval has been issued by the director of the
16 budget and a copy of such certificate shall have been filed with the
17 state comptroller, the chairman of the senate finance committee and the
18 chairman of the assembly ways and means committee provided, however,
19 that any expenditures from any appropriation in this act made by the
20 legislature or judiciary shall not require such certificate.
21 § 10. All expenditures and disbursements made against the appropri-
22 ations in this act shall, upon final action by the legislature on appro-
23 priation bills submitted by the governor pursuant to article VII of the
24 state constitution for the support of government for the state fiscal
25 year beginning April 1, 2024, be transferred by the comptroller as
26 expenditures and disbursements to such appropriations for all state
27 departments and agencies, as applicable, in amounts equal to the amounts
28 charged against the appropriations in this act for each such department,
29 agency, and the legislature and the judiciary.
30 § 11. Severability clause. If any clause, sentence, paragraph, subdi-
31 vision, section or part of this act shall be adjudged by any court of
32 competent jurisdiction to be invalid, such judgment shall not affect,
33 impair, or invalidate the remainder thereof, but shall be confined in
34 its operation to the clause, sentence, paragraph, subdivision, section
35 or part thereof directly involved in the controversy in which such judg-
36 ment shall have been rendered. It is hereby declared to be the intent of
37 the legislature that this act would have been enacted even if such
38 invalid provisions had not been included herein.
39 § 12. This act shall take effect immediately and shall be deemed to
40 have been in full force and effect on and after April 1, 2024; provided,
41 however, that upon the transfer of expenditures and disbursements by the
42 comptroller as provided in section ten of this act, the appropriations
43 made by this act and subject to such section shall be deemed repealed.
