NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9852
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 19, 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 continues $709.5 million in appropriation authority for
personal service payments through April 19, 2024.
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 19, 2024 would be made subject to additional future appropri-
ations.
Section 4:
*Continues $80 million in appropriation authority for personal service
payments scheduled to be made to officers and employees of the Judiciary
through April 19, 2024.
*Continues $17 million in appropriation authority for nonpersonal
service liabilities incurred by the Judiciary.
*Continues $12.5 million in appropriation authority for aid to locali-
ties liabilities incurred by the Judiciary.
*Continues $67 million in appropriation authority for various employee
fringe benefit programs within the Judiciary.
Section 5:
*Continues $6.4 million for services and expenses related to the Indian
health program.
*Provides $1.1 million in additional authority for various federal food
and nutritional services.
Section 6 provides $15 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:
*Continues $385,000 in appropriation authority for statutorily required
payments to blind veterans.
*Provides $14,000 in additional 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 judgement 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 19, 2024 on
a timely basis, in the absence of an enacted budget for State fiscal
year 2024-2025.
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
________________________________________________________________________
9852
IN ASSEMBLY
April 18, 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 116
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.
LBD12035-01-4
A. 9852 2
1 period April 1 through April [18] 19, 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 ................................... 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 116
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 [18] 19, 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 ............................ 32,000,000
48 --------------
49 § 4. Section 4 of chapter 114 of the laws of 2024, relating to making
50 appropriations for the support of government, as amended by chapter 116
51 of the laws of 2024, is amended to read as follows:
A. 9852 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 JUDICIARY
7 For the purpose of making payments for
8 personal service, including liabilities
9 incurred prior to April 1, 2024, on the
10 payrolls scheduled to be paid during the
11 period April 1 through April [18] 19, 2024
12 to officers and employees of the judiciary .. 80,000,000
13 For the payment of state operations nonper-
14 sonal service liabilities, the sum of
15 seventeen million dollars ($17,000,000),
16 or so much thereof as shall be sufficient
17 to accomplish the purpose designated, is
18 hereby appropriated to the judiciary out
19 of any moneys in the general fund or other
20 funds to the credit of the state purposes
21 account not otherwise appropriated. The
22 comptroller is hereby authorized and
23 directed to utilize this appropriation for
24 the purpose of making payments for non-
25 personal service liabilities incurred by
26 the judiciary from April 1 through April
27 [18] 19, 2024 ............................... 17,000,000
28 For the payment of aid to localities liabil-
29 ities, the sum of twelve million five
30 hundred thousand dollars ($12,500,000), or
31 so much thereof as shall be sufficient to
32 accomplish the purpose designated, is
33 hereby appropriated to the judiciary out
34 of any moneys in the general fund or other
35 funds to the credit of the state purposes
36 account not otherwise appropriated. The
37 comptroller is hereby authorized and
38 directed to utilize this appropriation for
39 the purpose of making payments for aid to
40 localities liabilities incurred by the
41 judiciary from April 1 through April [18]
42 19, 2024 .................................... 12,500,000
43 For the payment of employee fringe benefit
44 programs including, but not limited to,
45 the judiciary's contributions to the
46 health insurance fund, the employees'
47 retirement system pension accumulation
48 fund, the social security contribution
49 fund, employee benefit fund programs, the
50 dental insurance plan, the vision care
51 plan, the unemployment insurance fund, and
52 for workers' compensation benefits, the
53 sum of sixty-seven million dollars
54 ($67,000,000), or so much thereof as shall
A. 9852 4
1 be sufficient to accomplish the purpose
2 designated, is hereby appropriated to the
3 judiciary out of any moneys in the general
4 fund or other funds to the credit of the
5 state purposes account not otherwise
6 appropriated. The comptroller is hereby
7 authorized and directed to utilize this
8 appropriation for the purpose of making
9 payments for employee fringe benefit
10 liabilities incurred by the judiciary from
11 April 1 through April [18] 19, 2024 ......... 67,000,000
12 --------------
13 § 5. Section 5 of chapter 111 of the laws of 2024, relating to making
14 appropriations for the support of government, as amended by chapter 116
15 of the laws of 2024, is amended to read as follows:
16 § 5. The amounts specified in this section, or so much thereof as
17 shall be sufficient to accomplish the purposes designated, is hereby
18 appropriated and authorized to be paid as hereinafter provided, to the
19 public officers and for the purposes specified, which amount shall be
20 available for the state fiscal year beginning April 1, 2024.
21 DEPARTMENT OF HEALTH
22 AID TO LOCALITIES
23 CENTER FOR COMMUNITY HEALTH PROGRAM ......... [25,660,000] 26,730,000
24 --------------
25 General Fund
26 Local Assistance Account - 10000
27 For services and expenses related to the
28 Indian health program. The moneys hereby
29 appropriated shall be for payment of
30 financial assistance heretofore accrued or
31 hereafter to accrue (26840) .................. 6,400,000
32 --------------
33 Special Revenue Funds - Federal
34 Federal USDA-Food and Nutrition Services Fund
35 Federal Food and Nutrition Services Account - 25022
36 For various federal food and nutritional
37 services. The moneys hereby appropriated
38 shall be available for payment of finan-
39 cial assistance heretofore accrued (26986)
40 ...............................[19,260,000] 20,330,000
41 --------------
42 § 6. Section 6 of chapter 111 of the laws of 2024, relating to making
43 appropriations for the support of government, as amended by chapter 116
44 of the laws of 2024, is amended to read as follows:
45 § 6. 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
A. 9852 5
1 public officers and for the purposes specified, which amount shall be
2 available for the state fiscal year beginning April 1, 2024.
3 DEPARTMENT OF LABOR
4 AID TO LOCALITIES
5 UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ...... [570,000,000] 585,000,000
6 --------------
7 Enterprise Funds
8 Unemployment Insurance Benefit Fund
9 Unemployment Insurance Benefit Account - 50650
10 For payment of unemployment insurance bene-
11 fits pursuant to article 18 of the labor
12 law or as authorized by the federal
13 government through the disaster unemploy-
14 ment assistance program, the emergency
15 unemployment compensation program, the
16 extended benefit program, the federal
17 additional compensation program or any
18 other federally funded unemployment bene-
19 fit program (34787) ......... [570,000,000] 585,000,000
20 --------------
21 § 7. Section 7 of chapter 113 of the laws of 2024, relating to making
22 appropriations for the support of government, as amended by chapter 116
23 of the laws of 2024, is amended to read as follows:
24 § 7. The amounts specified in this section, or so much thereof as
25 shall be sufficient to accomplish the purposes designated, is hereby
26 appropriated and authorized to be paid as hereinafter provided, to the
27 public officers and for the purposes specified, which amount shall be
28 available for the state fiscal year beginning April 1, 2024.
29 DEPARTMENT OF VETERANS' SERVICES
30 AID TO LOCALITIES
31 BLIND VETERAN ANNUITY ASSISTANCE PROGRAM ....................... 385,000
32 --------------
33 General Fund
34 Local Assistance Account - 10000
35 For payment of annuities to blind veterans
36 and eligible surviving spouses. Up to
37 $15,000 of this appropriation may be
38 transferred to state operations for admin-
39 istrative costs associated with this
40 program (54606) ................................ 385,000
41 --------------
42 VETERANS' BENEFITS ADVISING PROGRAM ............. [252,000] 266,000
43 --------------
A. 9852 6
1 Special Revenue Funds - Other
2 Homeless Veterans Assistance Fund
3 Homeless Veterans Assistance Account - 20204
4 For services and expenses related to home-
5 less veterans' housing, including liabil-
6 ities incurred prior to April 5, 2024 ....
7 ................................. [252,000] 266,000
8 --------------
9 § 8. No expenditure may be made from any appropriation in this act,
10 until a certificate of approval has been issued by the director of the
11 budget and a copy of such certificate shall have been filed with the
12 state comptroller, the chairman of the senate finance committee and the
13 chairman of the assembly ways and means committee provided, however,
14 that any expenditures from any appropriation in this act made by the
15 legislature or judiciary shall not require such certificate.
16 § 9. All expenditures and disbursements made against the appropri-
17 ations in this act shall, upon final action by the legislature on appro-
18 priation bills submitted by the governor pursuant to article VII of the
19 state constitution for the support of government for the state fiscal
20 year beginning April 1, 2024, be transferred by the comptroller as
21 expenditures and disbursements to such appropriations for all state
22 departments and agencies, as applicable, in amounts equal to the amounts
23 charged against the appropriations in this act for each such department,
24 agency, and the legislature and the judiciary.
25 § 10. Severability clause. If any clause, sentence, paragraph, subdi-
26 vision, section or part of this act shall be adjudged by any court of
27 competent jurisdiction to be invalid, such judgment shall not affect,
28 impair, or invalidate the remainder thereof, but shall be confined in
29 its operation to the clause, sentence, paragraph, subdivision, section
30 or part thereof directly involved in the controversy in which such judg-
31 ment shall have been rendered. It is hereby declared to be the intent of
32 the legislature that this act would have been enacted even if such
33 invalid provisions had not been included herein.
34 § 11. This act shall take effect immediately and shall be deemed to
35 have been in full force and effect on and after April 1, 2024; provided,
36 however, that upon the transfer of expenditures and disbursements by the
37 comptroller as provided in section nine of this act, the appropriations
38 made by this act and subject to such section shall be deemed repealed.
