NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9762
SPONSOR: Weinstein TITLE OF BILL:
An act making appropriations for the support of government and to amend
chapter 111 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 8, 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 $7.0 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 8, 2024, including active National Guard members on the Division
of Military and Naval Affairs emergency payroll. 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 disabled persons who are employed in
State operated special employment, work for pay or sheltered workshop
programs.
Section 3 provides $10 million in additional 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 8, 2024 would be made subject to additional future appro-
priations.
Section 4 provides $2B.9 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 8, 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 $6.4 million for services and expenses related to the Indian
health program.
Provides $4.3 million in additional authority for various federal food
and nutritional services.
Section 6 provides $30 million in additional appropriation authority for
the continuation of unemployment insurance benefits. New appropriation
is necessary due to daily new liabilities created by those filing unem-
ployment insurance benefit claims.
Section 7 provides $112,000 in appropriation authority for payments to
veterans experiencing homelessness.
Section 8 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 9 requires the Comptroller to transfer any expenditures made
against these appropriations to the 2024-25 Budget appropriations after
they have become law.
Section 10, 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 11 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 9 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 8, 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
________________________________________________________________________
9762
IN ASSEMBLY
April 4, 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 to amend
chapter 111 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, is amended to read as
10 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
21 period April 1 through April [4] 8, 2024
22 to state officers and employees of the
23 executive branch. This appropriation also
24 includes funding for payment of health
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12031-02-4
A. 9762 2
1 care and mental hygiene bonuses to eligi-
2 ble state employees, and payments for
3 services performed by mentally ill or
4 developmentally disabled persons who are
5 employed in state-operated special employ-
6 ment, work-for-pay or sheltered workshop
7 programs .................... [213,500,000] 220,500,000
8 --------------
9 § 3. Section 3 of chapter 111 of the laws of 2024, relating to making
10 appropriations for the support of government, is amended to read as
11 follows:
12 § 3. The amount specified in this section, or so much thereof as shall
13 be sufficient to accomplish the purpose designated, is hereby appropri-
14 ated and authorized to be paid as hereinafter provided, to the public
15 officers and for the purpose specified, which amount shall be available
16 for the state fiscal year beginning April 1, 2024.
17 ALL STATE DEPARTMENTS AND AGENCIES
18 For the payment of state operations non
19 personal service liabilities to the execu-
20 tive branch, including the comptroller,
21 and the attorney general, incurred in the
22 ordinary course of business, during the
23 period April 1 through April [4] 8, 2024,
24 pursuant to existing state law and for
25 purposes for which the legislature author-
26 ized the expenditure of moneys during the
27 2023-2024 state fiscal year; provided,
28 however, that nothing contained herein
29 shall be deemed to limit or restrict the
30 power or authority of state departments or
31 agencies to conduct their activities or
32 operations in accordance with existing
33 law, and further provided that nothing
34 contained herein shall be deemed to super-
35 sede, nullify or modify the provisions of
36 section 40 of the state finance law
37 prescribing when appropriations made for
38 the 2023-2024 state fiscal year shall have
39 ceased to have force and effect ..........
40 .............................. [10,000,000] 20,000,000
41 --------------
42 § 4. Section 4 of chapter 111 of the laws of 2024, relating to making
43 appropriations for the support of government, is amended to read as
44 follows:
45 § 4. The amounts specified in this section, or so much thereof as
46 shall be sufficient to accomplish the purposes designated, is hereby
47 appropriated and authorized to be paid as hereinafter provided, to the
48 public officers and for the purposes specified, which amount shall be
49 available for the state fiscal year beginning April 1, 2024.
A. 9762 3
1 MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES
2 GENERAL STATE CHARGES
3 STATE OPERATIONS
4 GENERAL STATE CHARGES ....................... [16,770,000] 45,650,000
5 --------------
6 General Fund
7 State Purposes Account - 10050
8 For employee fringe benefits according to
9 the following project schedule including
10 those benefits which are related to
11 employees paid from funds, accounts, or
12 programs where the division of the budget
13 has issued waivers ........... [16,020,000] 44,550,000
14 Project Schedule
15 PROJECT AMOUNT
16 --------------------------------------------
17 For the state's contribution
18 to the social security
19 contribution fund ..........
20 ................ [16,000,000] 44,000,000
21 For the state's share of
22 contributions to the volun-
23 tary defined contribution
24 plan made on behalf of
25 eligible employees pursuant
26 to chapter 18 of the laws of
27 2012 who elect to partic-
28 ipate in such plan and who
29 are not otherwise eligible
30 to participate in the SUNY
31 optional retirement program
32 .................... [20,000] 550,000
33 --------------
34 Project schedule total ..
35 .......... [16,020,000] 44,550,000
36 --------------
37 For the payment of the metropolitan commuter
38 transportation mobility tax pursuant to
39 article 23 of the tax law as added by
40 chapter 25 of the laws of 2009 on behalf
41 of the state employees employed in the
42 metropolitan commuter transportation
43 district ........................ [750,000] 1,100,000
44 --------------
45 § 5. Section 5 of chapter 111 of the laws of 2024, relating to making
46 appropriations for the support of government, is amended to read as
47 follows:
A. 9762 4
1 § 5. 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 DEPARTMENT OF HEALTH
7 AID TO LOCALITIES
8 CENTER FOR COMMUNITY HEALTH PROGRAM .......... [4,280,000] 14,960,000
9 --------------
10 General Fund
11 Local Assistance Account - 10000
12 For services and expenses related to the
13 Indian health program. The moneys hereby
14 appropriated shall be for payment of
15 financial assistance heretofore accrued or
16 hereafter to accrue (26840) .................. 6,400,000
17 --------------
18 Special Revenue Funds - Federal
19 Federal USDA-Food and Nutrition Services Fund
20 Federal Food and Nutrition Services Account - 25022
21 For various federal food and nutritional
22 services. The moneys hereby appropriated
23 shall be available for payment of finan-
24 cial assistance heretofore accrued (26986)
25 ............................... [4,280,000] 8,560,000
26 --------------
27 § 6. Section 6 of chapter 111 of the laws of 2024, relating to making
28 appropriations for the support of government, is amended to read as
29 follows:
30 § 6. 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 LABOR
36 AID TO LOCALITIES
37 UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ...... [180,000,000] 210,000,000
38 --------------
39 Enterprise Funds
40 Unemployment Insurance Benefit Fund
41 Unemployment Insurance Benefit Account - 50650
A. 9762 5
1 For payment of unemployment insurance bene-
2 fits pursuant to article 18 of the labor
3 law or as authorized by the federal
4 government through the disaster unemploy-
5 ment assistance program, the emergency
6 unemployment compensation program, the
7 extended benefit program, the federal
8 additional compensation program or any
9 other federally funded unemployment bene-
10 fit program (34787) ......... [180,000,000] 210,000,000
11 --------------
12 § 7. The amounts specified in this section, or so much thereof as
13 shall be sufficient to accomplish the purposes designated, is hereby
14 appropriated and authorized to be paid as hereinafter provided, to the
15 public officers and for the purposes specified, which amount shall be
16 available for the state fiscal year beginning April 1, 2024.
17 DEPARTMENT OF VETERANS' SERVICES
18 AID TO LOCALITIES
19 VETERANS' BENEFITS ADVISING PROGRAM ............................ 112,000
20 --------------
21 Special Revenue Funds - Other
22 Homeless Veterans Assistance Fund
23 Homeless Veterans Assistance Account - 20204
24 For services and expenses related to home-
25 less veterans' housing, including liabil-
26 ities incurred prior to April 5, 2024 .......... 112,000
27 --------------
28 § 8. No expenditure may be made from any appropriation in this act,
29 until a certificate of approval has been issued by the director of the
30 budget and a copy of such certificate shall have been filed with the
31 state comptroller, the chairman of the senate finance committee and the
32 chairman of the assembly ways and means committee provided, however,
33 that any expenditures from any appropriation in this act made by the
34 legislature or judiciary shall not require such certificate.
35 § 9. All expenditures and disbursements made against the appropri-
36 ations in this act shall, upon final action by the legislature on appro-
37 priation bills submitted by the governor pursuant to article VII of the
38 state constitution for the support of government for the state fiscal
39 year beginning April 1, 2024, be transferred by the comptroller as
40 expenditures and disbursements to such appropriations for all state
41 departments and agencies, as applicable, in amounts equal to the amounts
42 charged against the appropriations in this act for each such department,
43 agency, and the legislature and the judiciary.
44 § 10. Severability clause. If any clause, sentence, paragraph, subdi-
45 vision, section or part of this act shall be adjudged by any court of
46 competent jurisdiction to be invalid, such judgment shall not affect,
47 impair, or invalidate the remainder thereof, but shall be confined in
A. 9762 6
1 its operation to the clause, sentence, paragraph, subdivision, section
2 or part thereof directly involved in the controversy in which such judg-
3 ment shall have been rendered. It is hereby declared to be the intent of
4 the legislature that this act would have been enacted even if such
5 invalid provisions had not been included herein.
6 § 11. This act shall take effect immediately and shall be deemed to
7 have been in full force and effect on and after April 1, 2024; provided,
8 however, that upon the transfer of expenditures and disbursements by the
9 comptroller as provided in section nine of this act, the appropriations
10 made by this act and subject to such section shall be deemed repealed.
