Civil Service Enforcement/Research Department

 

 

 

TO:                 Executive Board Members and Council Leaders

 

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

 

DATE:           April 1, 2009

 

RE:                 Summary of the Enacted Budget SFY 2009-10

 

            The Legislature has now passed all the final legislation necessary to enact the SFY 2009-10 budget.  According to the Division of Budget the enacted budget assumes $481 million in state employee union concessions/workforce reductions over the next two fiscal years. This amount reflects the General Fund savings that would have been generated by the elimination of the 3% raise ($360 million savings) and the five day lag ($121 million in savings). The original two-year General Fund savings for all of the Governor’s proposed employee concessions was $629 million and the All Funds savings was $802 million. 

 

The Governor has stated that absent employee concessions he will have to achieve $481 million in savings by reducing the state workforce by 8,900 positions through attrition and layoff.  These 8,900 position reductions will be in addition to the approximately 1,608 agency specific position reductions already included in the enacted budget.  It is unclear whether the un-itemized 1,500 position attritions assumed in the SFY 2009-10 Executive Budget will occur in addition to the 8,900 position reductions DOB will be seeking from State agencies.

 

Final Action on PEF’s Budget Priorities

 

1.      Employee Salary and Benefit Proposals: Rejects the Executive Budget proposals to eliminate the 3% salary increase, institute a five day salary deferral, establish a new Tier V Pension which would reinstate the 3% employee contributions after 10 years, establish a sliding employee contribution scale for retiree health insurance and make the cost of the Medicare Part B reimbursement to retirees a cost of the New York State Health Insurance Plan rather than solely the employer.

 

2.      Department of Economic Development (DED): Rejects the Executive Budget proposal to merge three entities that deal with economic development- the Department of Economic Development (DED), the Empire State Development Corporation (ESDC) and the Foundation for Science, Technology and Innovation (NYSTAR). DED and NYSTAR will remain state agencies.

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3.      Revenue Increases: Accepts with revisions the Governor’s proposals to reform the Empire Zone program (which will generate $90 million in savings/revenue) and expand the bottle bill and allow the State to keep the vast majority of unclaimed deposits (which will generate $115 million in new revenue annually).  

 

Includes a three year 1% increase (from 6.85% to 7.85%)  in the top income tax rate for single taxpayers with adjusted gross incomes of $200,000 or more, heads of households with adjusted gross incomes of over $250,000 or more and married taxpayers filing jointly with adjusted gross incomes of $300,000 or more.  Increases the top rate to 8.97% for all taxpayers with incomes over $500,000.  The new income tax rates will generate $4 billion in SFY 2009-10. 

 

In addition, a new premium tax was imposed on for-profit Health Maintenance Organizations which has the effect of taxing them the same as other health insurance corporations (this will generate $120 million annually).  PEF strongly advocated for all of these proposals and they were all part of our options to the employee concessions sought by the Governor.  Chart 2 is a list of all revenue actions included in the enacted budget.

 

4.      State University of New York (SUNY): Rejects the Executive Budget proposal to give SUNY greater authority to enter into contracts and leases and to buy and sell real estate without prior review by the Comptroller, Attorney General or the Legislature.

 

5.      Office of Cyber Security & Critical Infrastructure (CSIC): Rejects the Executive Budget proposal to convert CSCIC into a not-for-profit corporation to provide cyber security operations, integration, and geographic information systems services.

 

6.      Urban Development Corporation (UDC): Rejects the Executive Budget proposal to eliminate a sunset of UDC’s authority to issue debt and instead extends loan powers for one-year.

 

7.      Department of Transportation (DOT): Rejects the Executive Budget proposal to make permanent the “single audit” provisions of Transportation Law Section 21 and instead extends the single audit provisions for one year.

 

8.      Office of Procurement Services (OPS): Rejects the Executive Budget proposal to create a new Office of Procurement Services by transferring the procurement function from the Office of General Services (OGS).  Restores $14.97 million to the OGS State Operations budget at least $7.42 million of which is for procurement services.

 

9.      Department of Environmental Conservation (DEC): Adds $27.24 million to the Executive Budget’s State Operations appropriation for DEC.  It is unclear what impact this additional funding will have on DEC staffing levels.

 

10.  OCFS Closures:  Accepts the Executive Budget proposals to close effective June 2009 the Great Valley, Cattaraugus and Adirondack non-secure centers (-75 beds, -75 FTEs); the Rochester and Syracuse Community Residential Homes (-17 beds, -16FTEs); the Pyramid Reception Center (-47 beds, -90 FTEs); and the evening reporting centers in Albany, Buffalo and Syracuse (-30 slots, -22 FTEs).  The Tryon limited secure center and Allen non-secure center will also be downsized by June 2009 (-65 beds, -52FTEs). The legislature rejected the executive budget proposal to permanently repeal the current 12 month notice law but suspended this law as relates to the closure of the facilities targeted in this budget. Management has stated that the projected closure date for all targeted facilities/programs except Pyramid Reception Center is July 1, 2009.

 

11.  DOCS Closures:  Accepts the Executive Budget proposals to close three minimum security DOCS facilities - Camps Gabriels, Mt. McGregor and Pharsalia, and several annexes and special housing units. These closures will result in the loss of 465 positions.  Rejects the Executive Budget proposals to close Camp Georgetown (restores 89 positions, 11 of which are PEF positions, at a cost of $4.293 million) and to modify the 12 month notice law by reducing notice to 90 days in times of financial crisis. The Legislature did exempt the closures of annexes and special housing units from the notice requirement and allows the closures of Camps Gabriels, Mt. McGregor and Pharsalia to occur after July 1, 2009 and before March 31, 2010.

 

12.  Office of Alcoholism and Substance Abuse Services: Accepts the Executive Budget proposals to close the Manhattan Addiction Treatment Center, which will result in the loss of 34 positions, 20 through layoffs, and to eliminate funding for the NDRI- AIDS Outreach and Prevention Program(AOP).

 

13.  Office of Mental Health:  Rejects the Executive Budget proposal to effectively nullify the current law that requires 12 months notice before closure of an OMH facility. The Legislature does allow the reduction of inpatient capacity in SFY 2009-10 by 450 beds with a minimum of two weeks’ notice to the Legislature, through ward closures of up to 150 beds or conversion to transitional placement programs.  Any other bed reductions must comply with existing 12 month notice.

 

Chart 1 shows the All Funds State Operations SFY 2009-10 Executive Budget/30-day amendment and SFY 2009-10 Enacted Budget appropriations and the difference between the two for each state agency that has PEF members.  This will provide a quick analysis of which agencies had changes made to their State Operations budget by the Legislature and the magnitude of that change.  This memo will provide the major details of the significant changes made to State agency State Operations budgets.

 

A more detailed analysis of these changes will be contained in the agency summaries provided to Executive Board members and Statewide Labor Management Chairs for their respective agencies.  These summaries compare the SFY 2008-09 enacted budget appropriations to the SFY 2009-10 enacted budget appropriations. It is important to remember that the enacted appropriations for SFY 2008-09 do not include the money that was used to pay for salary increases that year nor do they reflect the 10 percent cut made during the fiscal year.  All agency summaries have been mailed to Executive Board members and Statewide Labor Management Chairs and will be posted on PEF’s website in the Budgets section no later than April 10.

The Governor and legislative leaders have stated that it is likely that the State’s fiscal situation will continue to deteriorate during the fiscal year and that further spending reductions and revenue increases may be made during the fiscal year.

 

The major changes made by the SFY 2009-10 enacted budget legislation to the proposed SFY 2009-10 State Operations program appropriations within State agencies are as follows (if your agency is not included that means the Legislature made no significant changes to your agency’s Executive Budget’s State Operations appropriation):

 

 

Education, Labor, & Family Assistance (S53-C/A153-C &S57-B/A157-B)

 

Office of Children and Family Services

 

Department of Labor

 

State Education Department

 

Office of Temporary Disability Assistance

 

State University of New York

 

Council on the Arts

 

Health and Mental Hygiene (S54-C/A154-C &S58-B/A158-B)

 

Department of Health

o   Federal Department of Education Fund, Individuals with Disabilities-Part C Account, $22 million, for activities related to a handicapped infants and toddlers program.

o   Federal Health and Human Services Fund, $30 million, for federal prevention and wellness.

 

Office of Medicaid Inspector General (OMIG)

o   All Funds appropriation of $91.09 million, which is a $1.3 million increase (or 1.4%) from the SFY 2008-09 enacted budget.
o  
Personal service appropriation of $23.7 million, which is a $2.5 million increase, or 11.5% increase from the SFY 2008-09 enacted budget.
o  
Contractual services appropriation of $10.2 million, which is a decrease of $2.4 million or 19.1% from the SFY 2008-09 enacted budget.

Office of Alcoholism and Substance Abuse Services (OASAS)

 

Office of Mental Health

 

Office of Mental Retardation and Developmental Disabilities

 

State Office of Aging

 

 

Public Protection & General Government (S50-C/A150-C & S56-B /A156-B)

 

Department of Correctional Services

 

Department of Law

 

State Police

o    A reduction of $8.9 million (including a $8.8 million reduction in contractual services) in the Patrol Activities Program, Maintenance Undistributed appropriation, which according to the Assembly was related to the rejected Executive Budget proposal (Article VII legislation, S. 50, Part S) to deploy speed enforcement photo-monitoring equipment to combat speeding in work zones and on certain stretches of highway, which was rejected by the legislature.   The remaining $500,000 appropriation will fund the purchase of pistol cameras and training for mobile response teams.

o   A $1 million reduction in the Patrol Activities personal services appropriation for overtime.

o   An increase of $810,000 in Special Revenue Federal funding in the Criminal Investigation program for the Internet Crimes Against Children Account pursuant to the American Recovery and Reinvestment Act of 2009.

 

Division of Criminal Justice Services

 

Division of Parole

 

Division of Alcohol and Beverage Control

 

Office of General Services (OGS)

o   All Funds appropriation of $808.5 million, which is a $390 million increase (or 93.2%) from the SFY 2008-09 enacted budget. This includes a $16.87 million legislative addition to the Executive Budget which restores the funding for the Procurement Services Program and supports a new federally funded Commodities Assistance program. The agency’s overall increase is primarily due the addition of a new $400 million appropriation to permit consolidation of lease payments under OGS.

State Board of Elections

 

Office for Technology

o   $12.75 million for the Federal Operating Grants Fund - Broadband Technology Opportunities Program, which includes $12 million for the purposes of broadband competitive grants and allowable services and expenses to expand access for those residing in un-served or underserved areas; and $750,000 for purposes of broadband competitive grants to develop a nationwide broadband inventory map to reflect broadband availability within the state. 

o   $5 million for the Federal Operating Grants Fund – Rural Broadband Infrastructure Development Program.  This new account will provide rural broadband infrastructure competitive grants and allowable services and expenses to develop high speed broadband in rural areas that lack sufficient access.

 

Transportation,  Economic Development & Environmental Conservation     (S55-C/ A155-C & S59-B/A159-B)

 

Department of Economic Development (DED) 

Foundation for Science and Technology

o   Administration Program – Personal service decrease of $62,000, or 2.8 percent. We assume there is adequate funding to support the 26 FTEs for the Foundation but that should be clarified with management. 

o   Administration Program – Contractual service decrease of $159,000, or 14.2 percent.

 

Department of Environmental Conservation

 

Department of Transportation

 

Department of Banking

 

Department of Insurance

 

Department of State

 

Department of Tax and Finance

o   Audit, Collection & Enforcement – personal service increase of $1.25 million for 25 additional auditors.

o   Increase of $748,000 in the Revenue Processing and Reconciliation Program, including $468,000 in personal service for the administration of the bottle deposit expansion.