NY State Senate Bill 2023-S9036

Senate Bill S9036

Signed By Governor

2023-2024 Legislative Session

Provides for emergency appropriation for the period April 1, 2024 through April 15, 2024

download bill text pdf

Current Bill Status - 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 12, 2024	signed chap.115 delivered to governor returned to senate passed assembly message of necessity - 3 day message message of necessity - appropriation ordered to third reading rules cal.28 substituted for a9845
Apr 11, 2024	referred to ways and means delivered to assembly passed senate message of necessity - 3 day message message of necessity - appropriation ordered to third reading cal.792 referred to rules

Votes

- Apr 11, 2024 - Floor Vote
  S9036
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Apr 11, 2024
      
      aye (60)
      
      Addabbo Jr.
      
      Ashby
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      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
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      excused (3)
      
      Bailey
      
      Felder
      
      Walczyk
  Apr 11, 2024 - Rules Committee Vote
  S9036
  
  17
  
  Aye
  
  0
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Apr 11, 2024
      
      aye (17)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      Ortt
      
      Parker
      
      Sepúlveda
      
      Stewart-Cousins
      
      Thomas
      
      aye wr (4)
      
      Gallivan
      
      Helming
      
      O'Mara
      
      Stec

2023-S9036 (ACTIVE) - Details

See Assembly Version of this Bill:: A9845
Law Section:: Appropriations
Laws Affected:: Amd §§2, 3, 5 & 6, Chap 111 of 2024; amd §4, Chap 114 of 2024; amd §7, Chap 113 of 2024

2023-S9036 (ACTIVE) - Summary

Provides for emergency appropriation through April 15, 2024 for the support of government.

2023-S9036 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9036

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act making appropriations for the support of government; to amend
chapter 111 of the laws of 2024, relating to making appropriations for
the support of government, in relation thereto; to amend chapter 113 of
the laws of 2024, relating to making appropriations for the support of
government, in relation thereto; and to amend chapter 114 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 15, 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 continues $475 million in appropriation authority for personal
service payments through April 15, 2024.

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 15, 2024 would be made subject to additional future appro-
priations.

Section 4:

*Continues $80 million in appropriation authority for personal service
payments scheduled to be made to officers and employees of the Judiciary
through April 15, 2024.

*Continues $17 million in appropriation authority for nonpersonal
service liabilities incurred by the Judiciary.

*Continues $12.5 million in appropriation authority for aid to locali-
ties liabilities incurred by the Judiciary.  *Continues $67 million in
appropriation authority for various employee fringe benefit programs
within the Judiciary.

Section 5:

*Continues $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.
Section 6 provides $30 million in additional appropriation authority for
the continuation of unemployment insurance benefits. New appropriation
is necessary due to daily new liabilities created by those filing unem-
ployment insurance benefit claims.

Section 7:

*Provides $385,000 in appropriation authority for statutorily required
payments to blind veterans.

*Provides $56,000 in additional appropriation authority for payments to
veterans experiencing homelessness.

Section 8 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 9 requires the Comptroller to transfer any expenditures made
against these appropriations to the 2024-25 Budget appropriations after
they have become law.

Section 10, 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 11 provides that the bill takes effect immediately and is deemed
to be in full force and effect on April 1, 2024, 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 9 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 15, 2024 on
a timely basis, in the absence of an enacted budget for State fiscal
year 2024-25.

 
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, 2024, be transferred by the Comptroller as
expenditures and disbursements to such appropriations for State depart-
ments and agencies. Accordingly, this bill will have no additional
impact on the State's 2024-25 Financial Plan.

2023-S9036 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9036
 
                             I N  S E N A T E
 
                              April 11, 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; to amend
   chapter 111 of the laws of 2024, relating to making appropriations for
   the support of government, in relation thereto; to amend  chapter  113
   of the laws of 2024, relating to making appropriations for the support
   of  government,  in  relation thereto; and to amend chapter 114 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, as amended by chapter 114
 of the laws of 2024, 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD12033-01-4
 S. 9036                             2
 
   payrolls  scheduled  to be paid during the
   period April 1 through April [11] 15, 2024
   to state officers  and  employees  of  the
   executive  branch, including the governor,
   lieutenant  governor,   comptroller,   and
   attorney  general, and to employees of the
   legislature.   This   appropriation   also
   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 ................................... 475,000,000
                                             --------------
 
   §  3. Section 3 of chapter 111 of the laws of 2024, relating to making
 appropriations for the support of government, as amended by chapter  114
 of the laws of 2024, 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, and legislature,
   incurred in the ordinary course  of  busi-
   ness,  during  the  period April 1 through
   April [11] 15, 2024, pursuant to  existing
   state  law  and for purposes for which the
   legislature authorized 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  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  2023-2024 state
   fiscal year  shall  have  ceased  to  have
   force and effect .........................
   .............................. [22,000,000]   32,000,000
                               --------------
 S. 9036                             3
 
   §  4. Section 4 of chapter 114 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.
 
                                 JUDICIARY
 
 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 [11] 15, 2024
   to officers and employees of the judiciary .. 80,000,000
 For  the payment of state operations nonper-
   sonal  service  liabilities,  the  sum  of
   seventeen  million  dollars ($17,000,000),
   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
   [11] 15, 2024 ............................... 17,000,000
 For the payment of aid to localities liabil-
   ities,  the  sum  of  twelve  million five
   hundred thousand dollars ($12,500,000), 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 aid  to
   localities  liabilities  incurred  by  the
   judiciary from April 1 through April  [11]
   15, 2024 .................................... 12,500,000
 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
 S. 9036                             4
 
   for  workers'  compensation  benefits, the
   sum   of   sixty-seven   million   dollars
   ($67,000,000), 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  employee   fringe   benefit
   liabilities incurred by the judiciary from
   April 1 through April [11] 15, 2024 ......... 67,000,000
                                             --------------
 
   §  5. Section 5 of chapter 111 of the laws of 2024, relating to making
 appropriations for the support of government, as amended by chapter  114
 of the laws of 2024, is amended to read as follows:
   §  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 .......... [18,170,000]   22,450,000
                                             --------------
 
   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)
   .............................. [11,770,000]   16,050,000
                               --------------
 S. 9036                             5
 
   §  6. Section 6 of chapter 111 of the laws of 2024, relating to making
 appropriations for the support of government, as amended by chapter  114
 of the laws of 2024, 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 ...... [375,000,000]  405,000,000
                                             --------------
 
   Enterprise Funds
   Unemployment Insurance Benefit Fund
   Unemployment Insurance Benefit Account - 50650
 
 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) ......... [375,000,000]  405,000,000
                               --------------
 
   § 7. Section 7 of chapter 113 of the laws of 2024, relating to  making
 appropriations  for the support of government, as amended by chapter 114
 of the laws of 2024, is amended to read as follows:
   § 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
 
 BLIND VETERAN ANNUITY ASSISTANCE PROGRAM ....................... 385,000
                                                           --------------
 
   GENERAL FUND
   LOCAL ASSISTANCE ACCOUNT - 10000
 
 FOR PAYMENT OF ANNUITIES TO  BLIND  VETERANS
   AND  ELIGIBLE  SURVIVING  SPOUSES.  UP  TO
   $15,000  OF  THIS  APPROPRIATION  MAY   BE
   TRANSFERRED TO STATE OPERATIONS FOR ADMIN-
 S. 9036                             6
 
   ISTRATIVE   COSTS   ASSOCIATED  WITH  THIS
   PROGRAM (54606) ................................ 385,000
                                             --------------
 
 VETERANS' BENEFITS ADVISING PROGRAM ............. [154,000]      210,000
                                             --------------
 
   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 ....
   ................................. [154,000]      210,000
                               --------------
 
   §  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
 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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