NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9667
SPONSOR: Weinstein TITLE OF BILL:
An act making appropriations for the support of government; and provid-
ing 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 4, 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 $213.5 million in 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 4, 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 provides $10 million in appropriation authority for nonper-
sonal 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 4, 2024 would be made subject to additional future appropriations.
Section 4 provides $16.8 million in 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 4, 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 provides $4.3 million for various federal food and nutritional
services.
Section 6 provides $180 million in appropriation authority for the
continuation of unemployment insurance benefits. New appropriation is
necessary due to daily new liabilities created by those filing unemploy-
ment insurance benefit claims.
Section 7 prohibits expenditures from all appropriations until certif-
icates of approval have been issued by the Director of the Budget and
filed with certain State officers.
Section 8 requires the Comptroller to transfer any expenditures made
against these appropriations to the 2024-25 Budget appropriations after
they have become law.
Section 9, the severability clause, provides that if any part of this
Act be adjudged by any court of competent jurisdiction to be invalid,
such judgment would not invalidate the remainder of the Act.
Section 10 provides that the bill takes effect immediately and is deemed
to be in full force and effect on April 1, 2024, and, further, that the
appropriations made in the bill will be deemed repealed upon the trans-
fer of expenditures by the Comptroller pursuant to section 8 of the
bill.
STATEMENT IN SUPPORT:
This bill will allow the State to make certain payments and incur
certain liabilities during the period April 1 through April 4, 2024 on a
timely basis, in the absence of an enacted budget for State fiscal year
2024-25.
BUDGET IMPLICATIONS:
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
________________________________________________________________________
9667
IN ASSEMBLY
March 28, 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; and provid-
ing 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. The amounts specified in this section, or so much thereof as
9 shall be sufficient to accomplish the purposes designated, is hereby
10 appropriated and authorized to be paid as hereinafter provided, to the
11 public officers and for the purpose specified, which amount shall be
12 available for the state fiscal year beginning April 1, 2024.
13 ALL STATE DEPARTMENTS AND AGENCIES
14 For the purpose of making payments for
15 personal service, including liabilities
16 incurred prior to April 1, 2024, on the
17 payrolls scheduled to be paid during the
18 period April 1 through April 4, 2024 to
19 state officers and employees of the execu-
20 tive branch. This appropriation also
21 includes funding for payment of health
22 care and mental hygiene bonuses to eligi-
23 ble state employees, and payments for
24 services performed by mentally ill or
25 developmentally disabled persons who are
26 employed in state-operated special employ-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12030-01-4
A. 9667 2
1 ment, work-for-pay or sheltered workshop
2 programs ................................... 213,500,000
3 --------------
4 § 3. The amount specified in this section, or so much thereof as shall
5 be sufficient to accomplish the purpose designated, is hereby appropri-
6 ated and authorized to be paid as hereinafter provided, to the public
7 officers and for the purpose specified, which amount shall be available
8 for the state fiscal year beginning April 1, 2024.
9 ALL STATE DEPARTMENTS AND AGENCIES
10 For the payment of state operations non
11 personal service liabilities to the execu-
12 tive branch, including the comptroller,
13 and the attorney general, incurred in the
14 ordinary course of business, during the
15 period April 1 through April 4, 2024,
16 pursuant to existing state law and for
17 purposes for which the legislature author-
18 ized the expenditure of moneys during the
19 2023-2024 state fiscal year; provided,
20 however, that nothing contained herein
21 shall be deemed to limit or restrict the
22 power or authority of state departments or
23 agencies to conduct their activities or
24 operations in accordance with existing
25 law, and further provided that nothing
26 contained herein shall be deemed to super-
27 sede, nullify or modify the provisions of
28 section 40 of the state finance law
29 prescribing when appropriations made for
30 the 2023-2024 state fiscal year shall have
31 ceased to have force and effect ............. 10,000,000
32 --------------
33 § 4. The amounts specified in this section, or so much thereof as
34 shall be sufficient to accomplish the purposes designated, is hereby
35 appropriated and authorized to be paid as hereinafter provided, to the
36 public officers and for the purposes specified, which amount shall be
37 available for the state fiscal year beginning April 1, 2024.
38 MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES
39 GENERAL STATE CHARGES
40 STATE OPERATIONS
41 GENERAL STATE CHARGES ...................................... 16,770,000
42 --------------
43 General Fund
44 State Purposes Account - 10050
45 For employee fringe benefits according to
46 the following project schedule including
A. 9667 3
1 those benefits which are related to
2 employees paid from funds, accounts, or
3 programs where the division of the budget
4 has issued waivers .......................... 16,020,000
5 Project Schedule
6 PROJECT AMOUNT
7 --------------------------------------------
8 For the state's contribution
9 to the social security
10 contribution fund ............. 16,000,000
11 For the state's share of
12 contributions to the volun-
13 tary defined contribution
14 plan made on behalf of
15 eligible employees pursuant
16 to chapter 18 of the laws of
17 2012 who elect to partic-
18 ipate in such plan and who
19 are not otherwise eligible
20 to participate in the SUNY
21 optional retirement program ....... 20,000
22 --------------
23 Project schedule total .... 16,020,000
24 --------------
25 For the payment of the metropolitan commuter
26 transportation mobility tax pursuant to
27 article 23 of the tax law as added by
28 chapter 25 of the laws of 2009 on behalf
29 of the state employees employed in the
30 metropolitan commuter transportation
31 district ....................................... 750,000
32 --------------
33 § 5. The amounts specified in this section, or so much thereof as
34 shall be sufficient to accomplish the purposes designated, is hereby
35 appropriated and authorized to be paid as hereinafter provided, to the
36 public officers and for the purposes specified, which amount shall be
37 available for the state fiscal year beginning April 1, 2024.
38 DEPARTMENT OF HEALTH
39 AID TO LOCALITIES
40 CENTER FOR COMMUNITY HEALTH PROGRAM .......................... 4,280,000
41 --------------
42 Special Revenue Funds - Federal
43 Federal USDA-Food and Nutrition Services Fund
44 Federal Food and Nutrition Services Account - 25022
45 For various federal food and nutritional
46 services. The moneys hereby appropriated
47 shall be available for payment of finan-
48 cial assistance heretofore accrued (26986) ... 4,280,000
A. 9667 4
1 --------------
2 § 6. The amounts specified in this section, or so much thereof as
3 shall be sufficient to accomplish the purposes designated, is hereby
4 appropriated and authorized to be paid as hereinafter provided, to the
5 public officers and for the purposes specified, which amount shall be
6 available for the state fiscal year beginning April 1, 2024.
7 DEPARTMENT OF LABOR
8 AID TO LOCALITIES
9 UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ..................... 180,000,000
10 --------------
11 Enterprise Funds
12 Unemployment Insurance Benefit Fund
13 Unemployment Insurance Benefit Account - 50650
14 For payment of unemployment insurance bene-
15 fits pursuant to article 18 of the labor
16 law or as authorized by the federal
17 government through the disaster unemploy-
18 ment assistance program, the emergency
19 unemployment compensation program, the
20 extended benefit program, the federal
21 additional compensation program or any
22 other federally funded unemployment bene-
23 fit program (34787) ........................ 180,000,000
24 --------------
25 § 7. No expenditure may be made from any appropriation in this act,
26 until a certificate of approval has been issued by the director of the
27 budget and a copy of such certificate shall have been filed with the
28 state comptroller, the chairman of the senate finance committee and the
29 chairman of the assembly ways and means committee provided, however,
30 that any expenditures from any appropriation in this act made by the
31 legislature or judiciary shall not require such certificate.
32 § 8. All expenditures and disbursements made against the appropri-
33 ations in this act shall, upon final action by the legislature on appro-
34 priation bills submitted by the governor pursuant to article VII of the
35 state constitution for the support of government for the state fiscal
36 year beginning April 1, 2024, be transferred by the comptroller as
37 expenditures and disbursements to such appropriations for all state
38 departments and agencies, as applicable, in amounts equal to the amounts
39 charged against the appropriations in this act for each such department,
40 agency, and the legislature and the judiciary.
41 § 9. Severability clause. If any clause, sentence, paragraph, subdivi-
42 sion, section or part of this act shall be adjudged by any court of
43 competent jurisdiction to be invalid, such judgment shall not affect,
44 impair, or invalidate the remainder thereof, but shall be confined in
45 its operation to the clause, sentence, paragraph, subdivision, section
46 or part thereof directly involved in the controversy in which such judg-
47 ment shall have been rendered. It is hereby declared to be the intent of
A. 9667 5
1 the legislature that this act would have been enacted even if such
2 invalid provisions had not been included herein.
3 § 10. This act shall take effect immediately and shall be deemed to
4 have been in full force and effect on and after April 1, 2024; provided,
5 however, that upon the transfer of expenditures and disbursements by the
6 comptroller as provided in section eight of this act, the appropriations
7 made by this act and subject to such section shall be deemed repealed.
