Civil Service Enforcement/Research Department

 

 

 

 

 

 

TO:                 Kenneth Brynien

 

FROM:           Thomas E. Cetrino, Susan Mitnick, Kristie Sammons, Steve Connolly, Jeff Waggoner and Mike Marinello

 

DATE:           February 15, 2008

 

RE:                 21-day Amendments to Executive Budget SFY 2008-09

           

This week the Governor released his 21-day amendments to the Executive Budget for SFY 2008-09.  The 21-day amendments and spending re-estimates are necessary because the Division of Budget (DOB) now projects that the state will receive $384 million less in revenue in SFY 2008-09 then originally projected in the Executive Budget released in January. In order to cover this revenue deficit the Governor proposes to reduce SFY 2008-09 spending by (-$237 million), including (-$36 million) in State Operations “management efficiencies,” and has re-estimated spending on certain programs, including Medicaid, by (-$147 million).

 

            For SFY 2007-08, DOB projects the State would close the fiscal year in balance with reserves of $2.626 billion. The balance consists of $1.0 billion in the Tax Stabilization Reserve (to cover unanticipated operating deficits), $175 million in the new Rainy Day Reserve, $21 million in the Contingency Reserve for litigation, $1.0 billion to finance new labor settlements and $354 million in the Community Projects Fund to support existing spending commitments. While the State expects to take in $150 million less in personal income tax revenues than projected in January, these losses are offset by other revenue re-estimates including higher than expected estate tax and real estate transfer tax payments.

 

            In State Operations, SFY 2008-09 savings are achieved through a range of management actions, including staffing controls, overtime management, reduction in “non-essential” activities, and maximization of federal revenues. Agencies with savings include: Department of Taxation and Finance, Department of Mental Hygiene, Department of Health, Office of the Medicaid Inspector General, Department of Motor Vehicles, Division of Housing and Community Renewal, and the Office of Temporary and Disability Assistance.

 

Other State Operations savings recommendations include having the State pay one-half of the 1 percent student loan default fee in SFY 2009-10 and beyond ($10 million); revising the value of specialty psychiatric outpatient rates ($1 million); enhanced patient income account revenues ($5 million); converting certain Statewide Financial System software development costs to bond financing ($6 million in 2008-09); and reducing the interest rate paid on judgments in the Court of Claims to market rates rather than a fixed statutory rate of nine percent ($3 million).

 

            There are other savings and new sending proposals in the 21-day amendment; Attachment 1 is a chart from the Financial Plan that briefly explains all of them. The pension proposal is due to a reconciliation charge for larger than expected salaries in SFY 2006-07. Prepayment of this obligation in SFY 2007-08 costs $86 million, but results in interest savings of $1.4 million.

 

The 21-day amendments also contain legislation to implement the Executive Budget’s recommendation that the Department of Civil Service conduct an audit of health insurance benefits eligibility.  The audit would ensure that State and participating municipal employees and their dependants receive only the benefits for which they are eligible. The audit is targeted to the use of health benefits by dependents.  The proposed legislation (Part W of S6806-A/A9806-A) would:

 

 

 

 

 

None of the major changes made by the 21-day amendments in State Operations program appropriations within State agencies for SFY 2008-09 are expected to have an impact on any State agency’s authorized fill levels, except in the Department of Labor. However based on these proposed cuts and the State’s current difficult fiscal situation it is very likely that all State agencies will be slow to fill new and vacant positions. The major changes are as follows:

 

Adirondack Park Agency

The agency’s overall appropriation is increased by $100,000 which is added to the contractual services appropriation in the Administration Program.  This results in an overall agency appropriation of $6.2 million which is an increase of $100,000 over the enacted SFY 2007-08 budget.

 

Office of Alcoholism and Substance Abuse Services

The agency’s overall appropriations are increased by $3.2 million. This results in an overall agency appropriation of $135.38 million, an increase of $45.5 million from the SFY 2007-08 enacted budget. The changes are as follows:

 

 

 

Council of Arts

Creates a new Council on the Arts Account, with $100,000 in federal funding for non personal services.

 

Department of Banking

The department’s overall appropriations are reduced by (-)$2.3 million for an overall agency appropriation of $96 million, which is a decrease of $559,000 from the overall SFY 2007-08 enacted budget appropriation. The reductions are as follows:

 

·         (-$1.3 million) Contractual Services – Regulation Program; the total appropriation is now $11.2 million, a $2 million decrease from the SFY 2007-08 enacted appropriation.

 

·         (-$557,000) Personal Services – Regulation Program; the total appropriation is now $36.1 million, a $1.4 million increase from the SFY 2007-08 enacted appropriation.

 

·         Other minor reductions in the Department’s fringe benefits and indirect cost appropriations.

 

Office of Children and Family Services

The agency’s Special Revenue Other personal services appropriation in the Youth Facilities Program is reduced by $200,000.  This results in an overall agency appropriation of $511.45 million which is an increase of $5.7 million from the SFY 2007-08 enacted budget.

 

State Education Department

Technical corrections are made to the department’s budget for the Office of Higher Education and the Professions and the Cultural Education program. The special revenue federal appropriations for these programs were originally in a lump sum appropriation and have now been separated into two separate federal accounts for each program.

 

Department of Environmental Conservation

There are no changes in the department’s overall appropriations. However the Executive proposes to increase the proposed $100 million transfer from the Environmental Protection Fund (EPF) to the General Fund by $25 million for a total transfer of $125 million.

 

Department of Health

The department’s personal service appropriations are reduced by $1 million from the following programs:

 

 

 

 

Division of Housing and Community Renewal

The division’s General Fund personal service appropriations are reduced by (-$861,000) in the Housing, Rent Administration, and Housing Information Systems programs. This results in an overall agency appropriation of $101.7 million which is an increase of $3.1 million from the overall SFY 2007-08 enacted budget appropriation.

 

Department of Insurance

The department’s overall appropriations are reduced by $1.8 million.  Over $1.3 million of these cuts appear in the personal service and fringe and indirect costs appropriations for the Regulation program with smaller cuts in the personal service appropriations of the Administration and Consumer Services programs.  This results in an overall agency appropriation of $314.5 million, which is an increase of $14.3 million from the SFY 2007-08 enacted budget.

 

Department of Labor (DOL)

There are no cuts in the department’s overall appropriations, however the department’s authorized fill level for SFY 2007-08 and SFY 2008-09 has been reduced by 100 FTEs from 3,647 to 3,547 (07-08) and from 3,643 to 3,543 (08-09).  According to DOL management the eliminated FTE positions are all currently vacant positions.

 

Office of Medicaid Inspector General

The agency’s overall MA Audit and Fraud Prevention Program’s personal service appropriation is reduced by $2 million. This results in an appropriation of $18.9 million, which is an increase of $2.05 million from the SFY 2007-08 enacted budget.  According to the 21-day amendments’ appropriations narrative this reduction reflects vacancy savings.

 

Office of Mental Retardation and Developmental Disabilities

The department’s overall appropriation is increased by $35 million which results in an overall agency appropriation of $2.0 billion which is an increase of $546.9 million from the enacted SFY 2007-08 budget.  All increases are in the non-personal services, supplies and materials appropriations for the following programs:

·         Central Coordination (+$4.1 million), Community Service (+$20.6 million), and Institutional Services (+$10.6 million).

Department of Motor Vehicles

The Department’s overall appropriations are reduced by $1.2 million, all of which occur in the Compulsory Insurance Program. The Department’s overall budget is $123 million which is an increase of $1.86 million from the SFY 2007-08 enacted budget. The reductions are as follows:

 

·         (-$500,000) personal services; the total appropriation is $3.1 million, a $287,000 decrease from the SFY 2007-08 enacted appropriation.

 

·         (-$500,000) contractual services; the total appropriation is $4.8 million, a $514,000 decrease from the SFY 2007-08 enacted appropriation.

 

·         (-$250,000) fringe benefits and indirect costs; the combined total appropriation is $4.5 million, a $335,000 decrease from the combined SFY 2007-08 enacted appropriation.

 

State University of New York

The agency’s All State University Colleges and Schools Program’s Infrastructure and Technology account is increased by $1 million for expanding the nursing programs.  This increase results in an total appropriation of $2 million for the nursing program (a new appropriation for SFY 2008-09) and overall a $41.3 million appropriation for the Infrastructure and Technology account, which is an increase of $2.7 million from the SFY 2007-08 enacted budget. 

 

Department of Taxation and Finance

The department’s General Fund appropriations are reduced by $4 million. The department’s All Funds appropriation is now $445 million, an increase of 2.2% from the enacted SFY 2007-08 budget. The largest reductions include:

 

 

 

 

Office of Temporary and Disability Assistance

The department’s non-personal service System Design and Modification appropriation in the Information Technology Program is reduced by $1.5 million.  This reduction was from the contractual services appropriation for the design and implementation of modifications to the welfare-to-work case management, welfare management, and child support management systems.  This results in a proposed appropriation of $7.4 million for SFY 2008-09 (this appropriation is a new stand alone appropriation for SFY 2008-09). 

 

 

 

Workers Compensation Board

The Board’s personal service and non-personal service appropriations for the Workers’ Compensation Program (SRO), Maintenance Undistributed (MU) Account which are sub- allocated to DOL (for its statewide survey of occupational injuries and illnesses) and DOH are slightly adjusted.

 

            If all the Executive’s proposals are adopted DOB projects to end SFY 2008-09 with a balance of $2.2 billion in the General Fund, also unchanged from the Executive Budget estimate. The balance consists of $1.0 billion in the Tax Stabilization Reserve, $175 million in the new Rainy Day Reserve, $21 million in the Contingency Reserve, $708 million to finance new labor settlements, and $291 million in the Community Projects Fund.  DOB currently projects General Fund budget gaps of $3.6 billion in SFY 2009-10, $6.1 billion in SFY 2010-11, and $7.2 billion in SFYV 2011-12 for a three year projected total of almost $17 billion.  The 21-day amendments and revisions to the SFY 2008-09 Executive Budget projections increased the gaps by $289 million in SFY 2009-10, $452 million in SFY 2010-11 and $359 million in SFY 2011-12.

 

The next step in the budget process is for an agreement to be reached by March 1, 2008 on how much revenue is available to spend. In the event that the Executive and Legislature fail to reach consensus by March 1, 2008, the State Comptroller must provide a revenue forecast by March 5, 2008 for SFY 2007-08 and SFY 2008-09.  According to the Legislature’s agreed budget schedule, on March 12, 2008 Senate and Assembly budget bills will be passed by each house and Joint Senate/Assembly budget conference committees will commence the next day.  Conference committee reports are to be issued no later than March 27, 2008 in anticipation of passage of a budget by March 31, 2008.  It is unclear as to whether this schedule can be met.  We will continue to update you on all major budget developments