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History
- Signed chap.101
- Delivered to governor
- Returned to senate
- Passed assembly
- Message of necessity - 3 day message
- Message of necessity - appropriation
- Ordered to third reading rules cal.55
- Substituted for A6773
- Referred to ways and means
- Delivered to assembly
- Passed senateVote 63–0
- Message of necessity - 3 day message
Show 4 earlier actions
- Message of necessity - appropriation
- Ordered to third reading cal.651
- Committee discharged and committed to rules
- Referred to finance
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Provides for emergency appropriation for the period April 1, 2021 through April 8, 2021
Assembly Floor Calendar
Full text
27 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6081
2021-2022 Regular Sessions
IN SENATE
April 6, 2021
Introduced by COMMITTEE ON RULES -- (at request of the Governor) -- read twice and ordered printed, and when printed to be committed to the Committee on Finance
AN ACT making appropriations for the support of government
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Legislative intent. The legislature hereby finds and declares that the enactment of these appropriations provides sufficient authority to the comptroller for the purpose of making payments for the purposes described herein until such time as appropriation bills submitted by the governor pursuant to article VII of the state constitution for the support of government for the state fiscal year beginning April 1, 2021 are enacted.
§ 2. The amount specified in this section, or so much thereof as shall be sufficient to accomplish the purpose designated, is hereby appropriated and authorized to be paid as hereinafter provided, to the public officers and for the purpose specified, which amount shall be available for the state fiscal year beginning April 1, 2021.
ALL STATE DEPARTMENTS AND AGENCIES
For the purpose of making payments for
personal service, including liabilities
incurred prior to April 1, 2021, on the
payrolls scheduled to be paid during the
period April 1 through April 8, 2021 to
state officers and employees of the execu-
tive branch, including the governor, lieu-
tenant governor, comptroller and attorney
general; to officers and employees of the
judiciary; to officers and employees of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12021-01-1
S. 6081 2
the legislature, including payments to the
members of the senate and assembly under
sections 5 and 5-a of the legislative law;
and payments for services performed by
mentally ill or developmentally disabled
persons who are employed in state-operated
special employment, work-for-pay or shel-
tered workshop programs .................... 471,000,000
--------------
§ 3. The amount specified in this section, or so much thereof as shall be sufficient to accomplish the purpose designated, is hereby appropriated and authorized to be paid as hereinafter provided, to the public officers and for the purpose specified, which amount shall be available for the state fiscal year beginning April 1, 2021.
ALL STATE DEPARTMENTS AND AGENCIES
For the purpose of state agencies making
payments for fringe benefit and indirect
cost assessments incurred against personal
service liabilities prior to April 1,
2021, and during the period April 1
through April 8, 2021 ....................... 65,000,000
--------------
§ 4. The amount specified in this section, or so much thereof as shall be sufficient to accomplish the purpose designated, is hereby appropriated and authorized to be paid as hereinafter provided, to the public officers and for the purpose specified, which amount shall be available for the state fiscal year beginning April 1, 2021.
ALL STATE DEPARTMENTS AND AGENCIES
For the payment of state operations nonper-
sonal service liabilities to the executive
branch, including the comptroller, the
attorney general, and the legislature,
incurred in the ordinary course of busi-
ness, during the period April 1 through
April 8, 2021, pursuant to existing state
law and for purposes for which the legis-
lature authorized the expenditure of
moneys during the 2020-2021 state fiscal
year; provided, however, that nothing
contained herein shall be deemed to limit
or restrict the power or authority of
state departments or agencies to conduct
their activities or operations in accord-
ance with existing law, and further
provided that nothing contained herein
shall be deemed to supersede, nullify or
modify the provisions of section 40 of the
state finance law prescribing when appro-
priations made for the 2020-2021 state
S. 6081 3
fiscal year shall have ceased to have
force and effect ............................ 22,000,000
--------------
§ 5. The amount specified in this section, or so much thereof as shall be sufficient to accomplish the purpose designated, is hereby appropriated and authorized to be paid as hereinafter provided, to the public officers and for the purpose specified, which amount shall be available for the state fiscal year beginning April 1, 2021.
ALL STATE DEPARTMENTS AND AGENCIES
The sum of thirty seven million dollars
($37,000,000), or so much thereof as shall
be sufficient to accomplish the purpose
designated, is hereby appropriated for
contracts approved in accordance with
section 112 of the state finance law for
purposes for which the legislature author-
ized the expenditures of money during the
2020-2021 fiscal year. An amount up to
thirty seven million dollars ($37,000,000)
shall be available for the payment of
capital projects liabilities incurred
during the period from April 1 through
April 8, 2021 for contracts approved prior
to April 1, 2021, provided, however, that
nothing contained herein shall be deemed
to limit or restrict the power or authori-
ty of state departments or agencies to
conduct their activities or operations in
accordance with existing law, and further
provided that nothing contained herein
shall be deemed to supersede, nullify, or
modify the provisions of section 40 of the
state finance law prescribing when appro-
priations made for the 2020-2021 fiscal
year shall have ceased to have force and
effect ...................................... 37,000,000
--------------
§ 6. The amount specified in this section, or so much thereof as shall be sufficient to accomplish the purpose designated, is hereby appropriated and authorized to be paid as hereinafter provided, to the public officers and for the purpose specified, which amount shall be available for the state fiscal year beginning April 1, 2021.
ALL STATE DEPARTMENTS AND AGENCIES
The sum of three million dollars
($3,000,000), or so much thereof as shall
be sufficient to accomplish the purpose
designated, is hereby appropriated for
contracts approved in accordance with
section 112 of the state finance law for
purposes for which the legislature author-
S. 6081 4
ized the expenditures of money during the
2020-2021 fiscal year. An amount up to
three million dollars ($3,000,000) shall
be available for the payment of capital
projects liabilities incurred during the
period from April 1 through April 8, 2021
for contracts approved after April 1,
2021, provided, however, that nothing
contained herein shall be deemed to limit
or restrict the power or authority of
state departments or agencies to conduct
their activities or operations in accord-
ance with existing law, and further
provided that nothing contained herein
shall be deemed to supersede, nullify, or
modify the provisions of section 40 of the
state finance law prescribing when appro-
priations made for the 2020-2021 fiscal
year shall have ceased to have force and
effect ....................................... 3,000,000
--------------
§ 7. The amounts specified in this section, or so much thereof as shall be sufficient to accomplish the purposes designated, is hereby appropriated and authorized to be paid as hereinafter provided, to the public officers and for the purposes specified, which amount shall be available for the state fiscal year beginning April 1, 2021.
THE JUDICIARY
For the payment of state operations nonper-
sonal service liabilities, the sum of
thirty-five million ($35,000,000), or so
much thereof as shall be sufficient to
accomplish the purpose designated, is
hereby appropriated to the judiciary out
of any moneys in the general fund or other
funds to the credit of the state purposes
account not otherwise appropriated. The
comptroller is hereby authorized and
directed to utilize this appropriation for
the purpose of making payments for non-
personal service liabilities incurred by
the judiciary from April 1 through April
8, 2021 ..................................... 35,000,000 For the payment of aid to localities liabil-
ities, the sum of one hundred thousand
dollars ($100,000), or so much thereof as
shall be sufficient to accomplish the
purpose designated, is hereby appropriated
to the judiciary out of any moneys in the
general fund or other funds to the credit
of the state purposes account not other-
wise appropriated. The comptroller is
hereby authorized and directed to utilize
S. 6081 5
this appropriation for the purpose of
making payments for aid to localities
liabilities incurred by the judiciary from
April 1 through April 8, 2021 .................. 100,000 For suballocation to the office of indigent
legal services, at the direction of the
chief administrator of the courts, for
payment pursuant to law to New York city,
pursuant to an agreement with such city,
for services and expenses related to
implementation of caseload standards for
institutional providers representing indi-
gent clients in criminal cases in such
city. Notwithstanding any other provision
of law, monies received by the office of
indigent legal services pursuant to this
suballocation may be distributed to New
York city only to the extent necessary to
enable compliance with section 127.7 of
the rules of the chief administrator of
the court (22 NYCRR § 127.7). Criminal Caseload Reduction program ........... 47,000,000 For the payment of employee fringe benefit
programs including, but not limited to,
the judiciary's contributions to the
health insurance fund, the employees'
retirement system pension accumulation
fund, the social security contribution
fund, employee benefit fund programs, the
dental insurance plan, the vision care
plan, the unemployment insurance fund, and
for workers' compensation benefits, the
sum of five million dollars ($5,000,000),
or so much thereof as shall be sufficient
to accomplish the purpose designated, is
hereby appropriated to the judiciary out
of any moneys in the general fund or other
funds to the credit of the state purposes
account not otherwise appropriated. The
comptroller is hereby authorized and
directed to utilize this appropriation for
the purpose of making payments for employ-
ee fringe benefit liabilities incurred by
the judiciary from April 1 through April
8, 2021 ...................................... 5,000,000
--------------
§ 8. The amount specified in this section, or so much thereof as shall be sufficient to accomplish the purposes designated, is hereby appropriated and authorized to be paid as hereinafter provided, to the public officers and for the purposes specified, which amount shall be available for the state fiscal year beginning April 1, 2021.
MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES
GENERAL STATE CHARGES
S. 6081 6
STATE OPERATIONS
GENERAL STATE CHARGES ...................................... 600,350,000
--------------
General Fund
State Purposes Account - 10050
For employee fringe benefits according to
the following project schedule including
those benefits which are related to
employees paid from funds, accounts, or
programs where the division of the budget
has issued waivers ......................... 570,300,000
PROJECT SCHEDULE PROJECT AMOUNT -------------------------------------------- For the state's contribution
to the health insurance
fund. The state's share of
the health insurance program
dividends shall be available
to pay for the premiums in
2021-22 ...................... 400,000,000 For the state's contribution
to the social security
contribution fund ............. 75,000,000 For payments to the state
insurance fund for workers'
compensation benefits and
other related workers'
compensation costs prior to
or after they become
incurred including but not
limited to the benefits
defined in chapters 302 and
303 of the laws of 1985 ....... 50,500,000 For the state's contribution
to employee benefit fund
programs ...................... 35,000,000 For the state's contribution
to the dental insurance plan ... 6,000,000 For reimbursement to the unem-
ployment insurance fund for
payments made to claimants
formerly employed by the
state of New York .............. 2,000,000 For the state's contribution
to the vision care plan ........ 1,000,000 For the state's share of
contributions to the volun-
tary defined contribution
plan made on behalf of
eligible employees pursuant
to chapter 18 of the laws of
S. 6081 7
2012 who elect to partic-
ipate in such plan and who
are not otherwise eligible
to participate in the SUNY
optional retirement program ...... 500,000 For payments for the income
protection plans of current
and prior years .................. 300,000
--------------
Project schedule total ................... 570,300,000
--------------
For judgments against the state pursuant to
section 20 of the court of claims act and
for judgments pursuant to actions brought
in the court of claims against public
benefit corporations indemnified by the
state, exclusive of the payment of any
judgments arising out of actions or
proceedings brought to obtain payment for
wages, salaries or other employee bene-
fits. The moneys hereby appropriated are
available for payment of any liabilities
or obligations incurred prior to April 1,
2021 in addition to current liabilities ..... 25,000,000 For the payment of the defense by private
counsel and the indemnification or payment
on behalf of state officers and employees
in civil judicial proceedings in accord-
ance with the provisions of section 17 of
the public officers law; the payment on
behalf of the state, exclusive of the
payment for wages, salaries or other
employee benefits, in civil judicial
proceedings where a state officer or
employee entitled to a defense in accord-
ance with section 17 of the public offi-
cers law was dismissed from the civil
judicial proceeding; the payment on behalf
of the state, exclusive of the payment for
wages, salaries or other employment bene-
fits, and in civil judicial proceedings
brought pursuant to Title VI of the Civil
Rights Act of 1964, 42 USC § 2000d et
seq., Title VII of the Civil Rights Act of
1964, 42 USC § 2000e et seq., Title IX of
the Education Amendments of 1972, 20 USC §
1681 et seq., Titles II, III, and/or V of
the Americans With Disabilities Act of
1990, 42 USC § 12101 et seq., of the Reha-
bilitation Act of 1973, 29 USC § 791 et
seq., the state human rights law and other
employment related causes of action; and
in criminal proceedings in accordance with
the provisions of section 19 of the public
officers law. The moneys hereby appropri-
S. 6081 8
ated are available for payment of any
liabilities or obligations incurred prior
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act making appropriations for the support of government
Purpose
This bill provides appropriations to various State departments and agen- cies to permit certain payments due from April 1 to April 8, 2021, to be made absent enactment of the Budget appropriation bills submitted by the Governor for the State fiscal year beginning April 1, 2021.
Summary of provisions
Section 1 authorizes the Comptroller to utilize the appropriations contained in this bill, which relate to the 2021-22 State fiscal year, absent enactment of the 2021-22 Budget.
Read the full memo (1,098 words)
Section 2 provides $471 million in appropriation authority for personal service payments scheduled to be made to State officers and employees, and statewide elected officials through April 8, 2021, including payments for officers and employees of the Legislature and Judiciary; statewide elected officials and elected members of the Legislature, and payments 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 $65 million in appropriation authority for state agencies to pay fringe benefit and indirect cost assessments incurred against personal service liabilities prior to April 1, 2021, and during the period April 1 through April 8, 2021.
Section 4 provides $22 million in appropriation authority for nonper- sonal service payments by various State agencies including the Legisla- ture. It is the intent of this section to provide sufficient authori- zation 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, 2021 would be made subject to additional future appropriations.
Section 5 provides $37 million in appropriation authority to cover existing capital projects contract costs approved prior to April 1, 2021 for all agencies.
Section 6 provides $3 million in appropriation authority to cover exist- ing capital projects contract costs approved after April 1, 2021 for all agencies.
Section 7 provides:
* $35 million in appropriation authority for nonpersonal service liabil- ities incurred by the Judiciary.
* $100,000 in appropriation authority for aid to localities liabilities incurred by the Judiciary.
* $47 million in aid to localities appropriation authority to be subal- located to the Office of Indigent Legal Services by the Judiciary.
* $5 million in appropriation authority for various employee fringe benefit programs within the Judiciary.
Section 8 provides a total of $600.4 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 8, 2021, including: New York State Health Insurance Plan coverage, the State's contributions towards its retirement obligation within the voluntary defined contribution plan, the Social Security payroll tax, workers' compensation coverage, dental and vision coverage (including coverage provided through union-specific Employee Benefit Funds), taxes on State-owned lands, the Metropolitan Commuter Transportation Mobility Tax, judgements against the State pursuant to the Court of Claims Act, legal expenses pursuant to the Public Officers' Law, Management and Confidential employees income protection plan, unemployment insurance, and automobile accident claims. The amounts paid during this period will ensure the continuation of health insurance and other critical benefits for State employees / reti- rees.
Section 9 provides $46 million in appropriation authority for Safety Net Assistance and $108 million in Family Assistance. These benefits payments are set in statute, though the timing of the actual payment is flexible. Appropriation authority is necessary due to restrictive language for reimbursement of program costs. This section also provides $58 million in appropriation authority for the state Supplemental Secu- rity Income (SSI) program, which makes monthly cash payments to aged, blind, and disabled low-income New Yorkers, and by statute must be received by the first of the month.
Section 10 provides $3.2 million in appropriation authority to the Department of Health for the Center for Community Health Program. The funds are in support of the American Indian Health Care Program to provide payments to support pharmacy providers. In addition, this section provides $16 million in appropriation authority for the Special Supplemental Nutrition Program for Women, Infants, and Children Program. The funds are in support of daily draws that reimburse vendors for services provided.
Section 11 provides $105,000 in appropriation authority for the Justice Center for the Protection of People with Special Needs to support the Surrogate Decision-Making Committee.
Section 12 provides $5 billion in appropriation which is necessary to ensure unemployment insurance benefits are payable to claimants. As of March 4, 2021 there is $6.5 billion left in FY 2021 authority for this program and recent monthly disbursements have averaged around $5.4 billion. Much of the unemployment insurance program is currently supported with additional Federal dollars.
Section 13 provides $98 million in appropriation authority to the Office for People with Developmental Disabilities to support not-for-profit providers of essential programs and services.
Section 14 provides $407,000 to the Division of Veterans' Services to make payments through the Blind Veteran Annuity Assistance Program to its annuitants on a timely basis.
Section 15 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 16 requires the Comptroller to transfer any expenditures made against these appropriations to the 2021-22 Budget appropriations after they have become law.
Section 17, 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 18 provides that the bill takes effect immediately and is deemed to be in full force and effect on April 1, 2021, 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 16 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, 2021 on a timely basis, in the absence of an enacted budget for State fiscal year 2021-22.
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, 2021, be transferred by the Comptroller as expenditures and disbursements to such appropriations for State depart- ments and agencies and the Legislature and Judiciary. Accordingly, this bill will have no additional impact on the State's 2021-22 Financial Plan.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.