NY State Senate Bill 2023-S8970

Senate Bill S8970

Signed By Governor

2023-2024 Legislative Session

Provides for emergency appropriation for the period April 1, 2024 through April 8, 2024

download bill text pdf

Current Bill Status Via A9762 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 04, 2024	signed chap.113 delivered to governor returned to assembly passed senate message of necessity - 3 day message message of necessity - appropriation 3rd reading cal.770 substituted for s8970
Apr 04, 2024	substituted by a9762 ordered to third reading cal.770 referred to rules

Votes

- Apr 4, 2024 - Floor Vote
  A9762
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Apr 4, 2024
      
      aye (60)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Scarcella-Spanton
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      excused (3)
      
      Sanders Jr.
      
      Sepúlveda
      
      Walczyk
  Apr 4, 2024 - Rules Committee Vote
  S8970
  
  19
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Apr 4, 2024
      
      aye (19)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gianaris
      
      Griffo
      
      Helming
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      Ortt
      
      Parker
      
      Sepúlveda
      
      Stec
      
      Stewart-Cousins
      
      Thomas
      
      aye wr (2)
      
      Gallivan
      
      O'Mara

2023-S8970 (ACTIVE) - Details

See Assembly Version of this Bill:: A9762
Law Section:: Appropriations
Laws Affected:: Amd §§2 - 6, Chap 111 of 2024

2023-S8970 (ACTIVE) - Summary

Provides for emergency appropriation through April 8, 2024 for the support of government.

2023-S8970 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8970

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act making appropriations for the support of government and to amend
chapter 111 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 8, 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 provides $7.0 million in additional appropriation authority
for personal service payments scheduled to be made to State officers and
employees on the payrolls scheduled to be paid between April 1, 2024 and
April 8, 2024, including active National Guard members on the Division
of Military and Naval Affairs emergency payroll. This appropriation also
includes funding for payment of health care and mental hygiene bonuses
to eligible State employees, and payment for services performed by
mentally ill or developmentally disabled persons who are employed in
State operated special employment, work for pay or sheltered workshop
programs.

Section 3 provides $10 million in additional 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 8, 2024 would be made subject to additional future appro-
priations.

Section 4 provides $28.9 million in additional 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, 2024. The appropriation amount
includes the State's contribution to the Social Security payroll tax,
the Voluntary Defined Contribution Plan, and the Metropolitan Commuter
Transportation Mobility Tax.

Section 5:

*Provides $6.4 million for services and expenses related to the Indian
health program.

*Provides $4.3 million in additional authority for various federal food
and nutritional services.

2023-S8970 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8970
 
                             I N  S E N A T E
 
                               April 4, 2024
                                ___________
 
 Introduced by Sen. KRUEGER -- (at request of the Governor) -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Rules
 
 AN  ACT making appropriations for the support of government and to amend
   chapter 111 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:
 
   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 submit-
 ted by the governor pursuant to article VII of  the  state  constitution
 for  the support of government for the state fiscal year beginning April
 1, 2024 are enacted.
   § 2. Section 2 of chapter 111 of the laws of 2024, relating to  making
 appropriations  for  the  support  of  government, is amended to read as
 follows:
   § 2. 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 purpose specified, which amount shall be
 available for the state fiscal year beginning April 1, 2024.
 
                    ALL STATE DEPARTMENTS AND AGENCIES
 
 For  the  purpose  of  making  payments  for
   personal  service,  including  liabilities
   incurred prior to April 1,  2024,  on  the
   payrolls  scheduled  to be paid during the
   period April 1 through April [4]  8,  2024
   to  state  officers  and  employees of the
   executive branch. This appropriation  also
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD12031-02-4
 S. 8970                             2
 
   includes  funding  for  payment  of health
   care and mental hygiene bonuses to  eligi-
   ble  state  employees,  and  payments  for
   services  performed  by  mentally  ill  or
   developmentally disabled persons  who  are
   employed in state-operated special employ-
   ment,  work-for-pay  or sheltered workshop
   programs .................... [213,500,000]  220,500,000
                               --------------
 
   § 3. Section 3 of chapter 111 of the laws of 2024, relating to  making
 appropriations  for  the  support  of  government, is amended to read as
 follows:
   § 3. The amount specified in this section, or so much thereof as shall
 be sufficient to accomplish the purpose designated, is hereby  appropri-
 ated  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, 2024.
 
                    ALL STATE DEPARTMENTS AND AGENCIES
 
 For  the  payment  of  state  operations non
   personal service liabilities to the execu-
   tive branch,  including  the  comptroller,
   and  the attorney general, incurred in the
   ordinary course of  business,  during  the
   period  April 1 through April [4] 8, 2024,
   pursuant to existing  state  law  and  for
   purposes for which the legislature author-
   ized  the expenditure of moneys during the
   2023-2024  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  accordance  with  existing
   law,  and  further  provided  that nothing
   contained herein shall be deemed to super-
   sede, nullify or modify the provisions  of
   section   40  of  the  state  finance  law
   prescribing when appropriations  made  for
   the 2023-2024 state fiscal year shall have
   ceased to have force and effect ..........
   .............................. [10,000,000]   20,000,000
                               --------------
 
   § 4.  Section 4 of chapter 111 of the laws of 2024, relating to making
 appropriations  for  the  support  of  government, is amended to read as
 follows:
   § 4. 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, 2024.
 S. 8970                             3
 
            MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES
 
                           GENERAL STATE CHARGES
 
                             STATE OPERATIONS
 GENERAL STATE CHARGES .......................  [16,770,000]   45,650,000
                                             --------------
 
   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 ........... [16,020,000]   44,550,000
 
               Project Schedule
 PROJECT                               AMOUNT
 --------------------------------------------
 For the  state's  contribution
   to   the   social   security
   contribution fund ..........
   ................ [16,000,000]   44,000,000
 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
   2012  who  elect  to partic-
   ipate in such plan  and  who
   are  not  otherwise eligible
   to participate in  the  SUNY
   optional retirement program
 
   .................... [20,000]      550,000
                               --------------
      Project schedule total ..
        ..........  [16,020,000]   44,550,000
                 --------------
 
 For the payment of the metropolitan commuter
   transportation  mobility  tax  pursuant to
   article 23 of the  tax  law  as  added  by
   chapter  25  of the laws of 2009 on behalf
   of the state  employees  employed  in  the
   metropolitan    commuter    transportation
   district ........................ [750,000]    1,100,000
                               --------------
 
   § 5.  Section 5 of chapter 111 of the laws of 2024, relating to making
 appropriations for the support of government,  is  amended  to  read  as
 follows:
 S. 8970                             4
 
   §  5.  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, 2024.
 
                           DEPARTMENT OF HEALTH
 
                             AID TO LOCALITIES
 
 CENTER FOR COMMUNITY HEALTH PROGRAM .......... [4,280,000]    14,960,000
                                             --------------
 
   GENERAL FUND
   LOCAL ASSISTANCE ACCOUNT - 10000

 FOR  SERVICES  AND  EXPENSES  RELATED TO THE
   INDIAN HEALTH PROGRAM.  THE MONEYS  HEREBY
   APPROPRIATED   SHALL  BE  FOR  PAYMENT  OF
   FINANCIAL ASSISTANCE HERETOFORE ACCRUED OR
   HEREAFTER TO ACCRUE (26840) .................. 6,400,000
                                             --------------
 
   Special Revenue Funds - Federal
   Federal USDA-Food and Nutrition Services Fund
   Federal Food and Nutrition Services Account - 25022
 
 For various  federal  food  and  nutritional
   services.  The  moneys hereby appropriated
   shall be available for payment  of  finan-
   cial assistance heretofore accrued (26986)
 
   ............................... [4,280,000]    8,560,000
                               --------------

   § 6.  Section 6 of chapter 111 of the laws of 2024, relating to making
 appropriations  for  the  support  of  government, is amended to read as
 follows:
   § 6. 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, 2024.
 
                            DEPARTMENT OF LABOR
 
                             AID TO LOCALITIES
 
 UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ...... [180,000,000]  210,000,000
                                             --------------
 
   Enterprise Funds
   Unemployment Insurance Benefit Fund
   Unemployment Insurance Benefit Account - 50650
 S. 8970                             5
 
 For payment of unemployment insurance  bene-
   fits  pursuant  to article 18 of the labor
   law  or  as  authorized  by  the   federal
   government  through the disaster unemploy-
   ment  assistance  program,  the  emergency
   unemployment  compensation  program,   the
   extended   benefit  program,  the  federal
   additional  compensation  program  or  any
   other  federally funded unemployment bene-
   fit program (34787) ......... [180,000,000]  210,000,000
                               --------------
 
   § 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, 2024.
 
                     DEPARTMENT OF VETERANS' SERVICES
 
                             AID TO LOCALITIES
 
 VETERANS' BENEFITS ADVISING PROGRAM ............................ 112,000
                                                           --------------
 
   Special Revenue Funds - Other
   Homeless Veterans Assistance Fund
   Homeless Veterans Assistance Account - 20204
 
 For services and expenses related  to  home-
   less  veterans' housing, including liabil-
   ities incurred prior to April 5, 2024 .......... 112,000
                                             --------------
 
   § 8. No expenditure may be made from any appropriation  in  this  act,
 until  a  certificate of approval has been issued by the director of the
 budget and a copy of such certificate shall have  been  filed  with  the
 state  comptroller, the chairman of the senate finance committee and the
 chairman of the assembly ways and  means  committee  provided,  however,
 that  any  expenditures  from  any appropriation in this act made by the
 legislature or judiciary shall not require such certificate.
 
   § 9. All expenditures and disbursements  made  against  the  appropri-
 ations in this act shall, upon final action by the legislature on appro-
 priation  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,  2024,  be  transferred by the comptroller as
 expenditures and disbursements to  such  appropriations  for  all  state
 departments and agencies, as applicable, in amounts equal to the amounts
 charged against the appropriations in this act for each such department,
 agency, and the legislature and the judiciary.
 
   §  10. Severability clause. If any clause, sentence, paragraph, subdi-
 vision, section or part of this act shall be adjudged by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 S. 8970                             6
 
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
 
   § 11. This act shall take effect immediately and shall  be  deemed  to
 have been in full force and effect on and after April 1, 2024; provided,
 however, that upon the transfer of expenditures and disbursements by the
 comptroller  as provided in section nine of this act, the appropriations
 made by this act and subject to such section shall be deemed repealed.

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