N.Y. Workers' Compensation Law § 87-f: Appropriations to the state insurance fund

§ 87-f. Appropriations to the state insurance fund. 1.

Notwithstanding any other provision of law, the state insurance fund,

hereinafter referred to as the fund, and all state officers with

responsibility for the custody or investment of such fund or of its

assets, shall annually, no later than November first in each year,

submit to the director of the budget the fund's request for an

appropriation of one billion sixty-five million dollars. The governor

shall include such amount in a budget bill for the next state fiscal

year. The state comptroller shall encumber the amount so appropriated

before the end of the fiscal year for which any such appropriation is

made. If for any fiscal year commencing on or after April first,

nineteen hundred eighty-three, the governor fails to submit a budget

bill containing an appropriation in the amount requested by the fund or

the legislature fails to appropriate the amount in a budget bill

submitted by the governor for such fiscal year, the amount appropriated

for and encumbered during the preceding fiscal year shall be payable

forthwith to the fund on the first day of July of such year in the

manner prescribed by law, provided, however, that such amount shall not

exceed the amount of moneys transferred to the general fund, the note

repayment account or the capital projects fund by the fund pursuant to

the provisions of chapter fifty-five of the laws of nineteen hundred

eighty-two, chapter twenty-eight of the laws of nineteen hundred

eighty-six, chapter forty-seven of the laws of nineteen hundred

eighty-seven and chapter seven of the laws of nineteen hundred

eighty-nine.

2. Notwithstanding any other provision of law, the fund and all state

officers with responsibility for the custody or investment of such fund

or of its assets shall annually, no later than November first in each

year, submit to the director of the budget the fund's additional request

for an appropriation of two hundred thirty million dollars and the

governor shall include such additional amount in a budget bill for the

next state fiscal year. The state comptroller shall encumber the amount

so appropriated before the end of the fiscal year for which any such

appropriation is made. If for any fiscal year commencing on or after

April first, nineteen hundred ninety the governor fails to submit a

budget bill containing an appropriation in the amount requested by the

fund or the legislature fails to appropriate the amount in a budget bill

submitted by the governor for such fiscal year, the amount appropriated

for and encumbered during the preceding fiscal year shall be payable

forthwith to the fund on the first day of July of such year in the

manner prescribed by law, provided, however, that such amount shall not

exceed the amount of moneys transferred to the general fund or the note

repayment account by the fund pursuant to the provisions of a chapter of

the laws of nineteen hundred ninety entitled "AN ACT to authorize and

direct the transfer of hazardous waste remedial fund industry fee

transfer account balances and receipts to the general fund; to amend the

state finance law, in relation to industry fee surcharges and the

calculations relating thereto, to authorize the transfer of state

insurance fund balances to the general fund; to amend the workers'

compensation law, in relation to the provision of appropriations by the

state for the maintenance of reserves of the state insurance fund; and

making appropriations relating thereto".

3. It is hereby found and declared that any appropriations made as

provided for in subdivision one or two of this section shall be deemed

admitted assets of the state insurance fund, and that any transfer of

moneys by the fund to the general fund, the note repayment account or

the capital projects fund in accordance with the provisions of chapter

fifty-five of the laws of nineteen hundred eighty-two, chapter

twenty-eight of the laws of nineteen hundred eighty-six, chapter

forty-seven of the laws of nineteen hundred eighty-seven, chapter seven

of the laws of nineteen hundred eighty-nine or a chapter of the laws of

nineteen hundred ninety entitled "AN ACT to authorize and direct the

transfer of hazardous waste remedial fund industry fee transfer account

balances and receipts to the general fund; to amend the state finance

law, in relation to industry fee surcharges and the calculations

relating thereto, to authorize the transfer of state insurance fund

balances to the general fund; to amend the workers' compensation law, in

relation to the provision of appropriations by the state for the

maintenance of reserves of the state insurance fund; and making

appropriations relating thereto" is deemed a proper and prudent legal

undertaking for any state officer with the responsibility for the

custody or the investment of the assets of the fund, notwithstanding any

other provision of law to the contrary.