Bill Text: NY S09055 | 2023-2024 | General Assembly | Introduced


Bill Title: Provides for emergency appropriation through April 18, 2024 for the support of government.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-15 - SUBSTITUTED BY A9851 [S09055 Detail]

Download: New_York-2023-S09055-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          9055

                    IN SENATE

                                     April 15, 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:

     1    Section  1.  Legislative  intent.  The  legislature  hereby  finds and
     2  declares that the enactment of these appropriations provides  sufficient
     3  authority  to the comptroller for the purpose of making payments for the
     4  purposes described herein until such time as appropriation bills submit-
     5  ted by the governor pursuant to article VII of  the  state  constitution
     6  for  the support of government for the state fiscal year beginning April
     7  1, 2024 are enacted.
     8    § 2. Section 2 of chapter 111 of the laws of 2024, relating to  making
     9  appropriations  for the support of government, as amended by chapter 115
    10  of the laws of 2024, is amended to read as follows:
    11    § 2. The amounts specified in this section,  or  so  much  thereof  as
    12  shall  be  sufficient  to  accomplish the purposes designated, is hereby
    13  appropriated and authorized to be paid as hereinafter provided,  to  the
    14  public  officers  and  for  the purpose specified, which amount shall be
    15  available for the state fiscal year beginning April 1, 2024.

    16                     ALL STATE DEPARTMENTS AND AGENCIES

    17  For  the  purpose  of  making  payments  for
    18    personal  service,  including  liabilities
    19    incurred prior to April 1,  2024,  on  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12034-01-4

        S. 9055                             2

     1    payrolls  scheduled  to be paid during the
     2    period April 1 through April [15] 18, 2024
     3    to state officers  and  employees  of  the
     4    executive  branch, including the governor,
     5    lieutenant  governor,   comptroller,   and
     6    attorney  general, and to employees of the
     7    legislature.   This   appropriation   also
     8    includes  funding  for  payment  of health
     9    care and mental hygiene bonuses to  eligi-
    10    ble  state  employees,  and  payments  for
    11    services  performed  by  mentally  ill  or
    12    developmentally  disabled  persons who are
    13    employed in state-operated special employ-
    14    ment, work-for-pay or  sheltered  workshop
    15    programs ................... [475,000,000]   709,500,000
    16                                --------------

    17    §  3. Section 3 of chapter 111 of the laws of 2024, relating to making
    18  appropriations for the support of government, as amended by chapter  115
    19  of the laws of 2024, is amended to read as follows:
    20    § 3. The amount specified in this section, or so much thereof as shall
    21  be  sufficient to accomplish the purpose designated, is hereby appropri-
    22  ated and authorized to be paid as hereinafter provided,  to  the  public
    23  officers  and for the purpose specified, which amount shall be available
    24  for the state fiscal year beginning April 1, 2024.

    25                     ALL STATE DEPARTMENTS AND AGENCIES

    26  For the  payment  of  state  operations  non
    27    personal service liabilities to the execu-
    28    tive  branch,  including  the comptroller,
    29    and the attorney general, and legislature,
    30    incurred in the ordinary course  of  busi-
    31    ness,  during  the  period April 1 through
    32    April [15] 18, 2024, pursuant to  existing
    33    state  law  and for purposes for which the
    34    legislature authorized the expenditure  of
    35    moneys  during  the 2023-2024 state fiscal
    36    year;  provided,  however,  that   nothing
    37    contained  herein shall be deemed to limit
    38    or restrict  the  power  or  authority  of
    39    state  departments  or agencies to conduct
    40    their activities or operations in  accord-
    41    ance   with   existing  law,  and  further
    42    provided  that  nothing  contained  herein
    43    shall  be  deemed to supersede, nullify or
    44    modify the provisions of section 40 of the
    45    state finance law prescribing when  appro-
    46    priations  made  for  the  2023-2024 state
    47    fiscal year  shall  have  ceased  to  have
    48    force and effect .........................
    49    ............................................. 32,000,000
    50                                              --------------

        S. 9055                             3

     1    § 4.  Section 4 of chapter 111 of the laws of 2024, relating to making
     2  appropriations  for the support of government, as amended by chapter 113
     3  of the laws of 2024, is amended to read as follows:
     4    §  4.  The  amounts  specified  in this section, or so much thereof as
     5  shall be sufficient to accomplish the  purposes  designated,  is  hereby
     6  appropriated  and  authorized to be paid as hereinafter provided, to the
     7  public officers and for the purposes specified, which  amount  shall  be
     8  available for the state fiscal year beginning April 1, 2024.

     9             MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES

    10                            GENERAL STATE CHARGES

    11                              STATE OPERATIONS
    12  GENERAL STATE CHARGES .......................  [45,650,000]   62,420,000
    13                                              --------------

    14    General Fund
    15    State Purposes Account - 10050

    16  For  employee  fringe  benefits according to
    17    the following project  schedule  including
    18    those   benefits   which  are  related  to
    19    employees paid from  funds,  accounts,  or
    20    programs  where the division of the budget
    21    has issued waivers ........... [44,550,000]   60,570,000

    22                Project Schedule
    23  PROJECT                               AMOUNT
    24  --------------------------------------------
    25  For the  state's  contribution
    26    to   the   social   security
    27    contribution fund ..........
    28    ................ [44,000,000]   60,000,000
    29  For  the  state's   share   of
    30    contributions  to the volun-
    31    tary  defined   contribution
    32    plan   made   on  behalf  of
    33    eligible employees  pursuant
    34    to chapter 18 of the laws of
    35    2012  who  elect  to partic-
    36    ipate in such plan  and  who
    37    are  not  otherwise eligible
    38    to participate in  the  SUNY
    39    optional retirement program

    40    ................... [550,000]      570,000
    41                                --------------
    42       Project schedule total ..
    43         ..........  [44,550,000]   60,570,000
    44                  --------------

    45  For the payment of the metropolitan commuter
    46    transportation  mobility  tax  pursuant to
    47    article 23 of the  tax  law  as  added  by

        S. 9055                             4

     1    chapter  25  of the laws of 2009 on behalf
     2    of the state  employees  employed  in  the
     3    metropolitan    commuter    transportation
     4    district ...................... [1,100,000]    1,850,000
     5                                --------------

     6    § 5. Section 4 of chapter 114 of the laws of 2024, relating to  making
     7  appropriations  for the support of government, as amended by chapter 115
     8  of the laws of 2024, is amended to read as follows:
     9    § 4. The amounts specified in this section,  or  so  much  thereof  as
    10  shall  be  sufficient  to  accomplish the purposes designated, is hereby
    11  appropriated and authorized to be paid as hereinafter provided,  to  the
    12  public  officers  and  for the purposes specified, which amount shall be
    13  available for the state fiscal year beginning April 1, 2024.

    14                                  JUDICIARY

    15  For  the  purpose  of  making  payments  for
    16    personal  service,  including  liabilities
    17    incurred prior to April 1,  2024,  on  the
    18    payrolls  scheduled  to be paid during the
    19    period April 1 through April [15] 18, 2024
    20    to officers and employees of the judiciary .. 80,000,000
    21  For the payment of state operations  nonper-
    22    sonal  service  liabilities,  the  sum  of
    23    seventeen million  dollars  ($17,000,000),
    24    or  so much thereof as shall be sufficient
    25    to accomplish the purpose  designated,  is
    26    hereby  appropriated  to the judiciary out
    27    of any moneys in the general fund or other
    28    funds to the credit of the state  purposes
    29    account  not  otherwise  appropriated. The
    30    comptroller  is  hereby   authorized   and
    31    directed to utilize this appropriation for
    32    the  purpose  of  making payments for non-
    33    personal service liabilities  incurred  by
    34    the  judiciary  from April 1 through April
    35    [15] 18, 2024 ............................... 17,000,000
    36  For the payment of aid to localities liabil-
    37    ities, the  sum  of  twelve  million  five
    38    hundred thousand dollars ($12,500,000), or
    39    so  much thereof as shall be sufficient to
    40    accomplish  the  purpose  designated,   is
    41    hereby  appropriated  to the judiciary out
    42    of any moneys in the general fund or other
    43    funds to the credit of the state  purposes
    44    account  not  otherwise  appropriated. The
    45    comptroller  is  hereby   authorized   and
    46    directed to utilize this appropriation for
    47    the  purpose of making payments for aid to
    48    localities  liabilities  incurred  by  the
    49    judiciary  from April 1 through April [15]
    50    18, 2024 .................................... 12,500,000
    51  For the payment of employee  fringe  benefit
    52    programs  including,  but  not limited to,
    53    the  judiciary's  contributions   to   the

        S. 9055                             5

     1    health   insurance  fund,  the  employees'
     2    retirement  system  pension   accumulation
     3    fund,  the  social  security  contribution
     4    fund,  employee benefit fund programs, the
     5    dental insurance  plan,  the  vision  care
     6    plan, the unemployment insurance fund, and
     7    for  workers'  compensation  benefits, the
     8    sum   of   sixty-seven   million   dollars
     9    ($67,000,000), or so much thereof as shall
    10    be  sufficient  to  accomplish the purpose
    11    designated, is hereby appropriated to  the
    12    judiciary out of any moneys in the general
    13    fund  or  other funds to the credit of the
    14    state  purposes  account   not   otherwise
    15    appropriated.  The  comptroller  is hereby
    16    authorized and directed  to  utilize  this
    17    appropriation  for  the  purpose of making
    18    payments  for  employee   fringe   benefit
    19    liabilities incurred by the judiciary from
    20    April 1 through April [15] 18, 2024 ......... 67,000,000
    21                                              --------------

    22    §  6. Section 5 of chapter 111 of the laws of 2024, relating to making
    23  appropriations for the support of government, as amended by chapter  115
    24  of the laws of 2024, is amended to read as follows:
    25    §  5.  The  amounts  specified  in this section, or so much thereof as
    26  shall be sufficient to accomplish the  purposes  designated,  is  hereby
    27  appropriated  and  authorized to be paid as hereinafter provided, to the
    28  public officers and for the purposes specified, which  amount  shall  be
    29  available for the state fiscal year beginning April 1, 2024.

    30                            DEPARTMENT OF HEALTH

    31                              AID TO LOCALITIES

    32  CENTER FOR COMMUNITY HEALTH PROGRAM ......... [22,450,000]    25,660,000
    33                                              --------------

    34    General Fund
    35    Local Assistance Account - 10000

    36  For  services  and  expenses  related to the
    37    Indian health program.  The moneys  hereby
    38    appropriated   shall  be  for  payment  of
    39    financial assistance heretofore accrued or
    40    hereafter to accrue (26840) .................. 6,400,000
    41                                              --------------

    42    Special Revenue Funds - Federal
    43    Federal USDA-Food and Nutrition Services Fund
    44    Federal Food and Nutrition Services Account - 25022

    45  For various  federal  food  and  nutritional
    46    services.  The  moneys hereby appropriated
    47    shall be available for payment  of  finan-
    48    cial assistance heretofore accrued (26986)

        S. 9055                             6

     1    ...............................[16,050,000]   19,260,000
     2                                --------------

     3    §  7. Section 6 of chapter 111 of the laws of 2024, relating to making
     4  appropriations for the support of government, as amended by chapter  115
     5  of the laws of 2024, is amended to read as follows:
     6    §  6.  The  amounts  specified  in this section, or so much thereof as
     7  shall be sufficient to accomplish the  purposes  designated,  is  hereby
     8  appropriated  and  authorized to be paid as hereinafter provided, to the
     9  public officers and for the purposes specified, which  amount  shall  be
    10  available for the state fiscal year beginning April 1, 2024.

    11                             DEPARTMENT OF LABOR

    12                              AID TO LOCALITIES

    13  UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ...... [405,000,000]  570,000,000
    14                                              --------------

    15    Enterprise Funds
    16    Unemployment Insurance Benefit Fund
    17    Unemployment Insurance Benefit Account - 50650

    18  For  payment of unemployment insurance bene-
    19    fits pursuant to article 18 of  the  labor
    20    law   or  as  authorized  by  the  federal
    21    government through the disaster  unemploy-
    22    ment  assistance  program,  the  emergency
    23    unemployment  compensation  program,   the
    24    extended   benefit  program,  the  federal
    25    additional  compensation  program  or  any
    26    other  federally funded unemployment bene-
    27    fit program (34787) ......... [405,000,000]  570,000,000
    28                                --------------

    29    § 8. Section 7 of chapter 113 of the laws of 2024, relating to  making
    30  appropriations  for the support of government, as amended by chapter 115
    31  of the laws of 2024, is amended to read as follows:
    32    § 7. The amounts specified in this section,  or  so  much  thereof  as
    33  shall  be  sufficient  to  accomplish the purposes designated, is hereby
    34  appropriated and authorized to be paid as hereinafter provided,  to  the
    35  public  officers  and  for the purposes specified, which amount shall be
    36  available for the state fiscal year beginning April 1, 2024.

    37                      DEPARTMENT OF VETERANS' SERVICES

    38                              AID TO LOCALITIES

    39  BLIND VETERAN ANNUITY ASSISTANCE PROGRAM ....................... 385,000
    40                                                            --------------

    41    General Fund
    42    Local Assistance Account - 10000

    43  For payment of annuities to  blind  veterans
    44    and  eligible  surviving  spouses.  Up  to

        S. 9055                             7

     1    $15,000  of  this  appropriation  may   be
     2    transferred to state operations for admin-
     3    istrative   costs   associated  with  this
     4    program (54606) ................................ 385,000
     5                                              --------------

     6  VETERANS' BENEFITS ADVISING PROGRAM ............. [210,000]      252,000
     7                                              --------------

     8    Special Revenue Funds - Other
     9    Homeless Veterans Assistance Fund
    10    Homeless Veterans Assistance Account - 20204

    11  For services and expenses related  to  home-
    12    less  veterans' housing, including liabil-
    13    ities incurred prior to April 5, 2024 ....
    14    ................................. [210,000]      252,000
    15                                --------------

    16    § 9. No expenditure may be made from any appropriation  in  this  act,
    17  until  a  certificate of approval has been issued by the director of the
    18  budget and a copy of such certificate shall have  been  filed  with  the
    19  state  comptroller, the chairman of the senate finance committee and the
    20  chairman of the assembly ways and  means  committee  provided,  however,
    21  that  any  expenditures  from  any appropriation in this act made by the
    22  legislature or judiciary shall not require such certificate.

    23    § 10. All expenditures and disbursements made  against  the  appropri-
    24  ations in this act shall, upon final action by the legislature on appro-
    25  priation  bills submitted by the governor pursuant to article VII of the
    26  state constitution for the support of government for  the  state  fiscal
    27  year  beginning  April  1,  2024,  be  transferred by the comptroller as
    28  expenditures and disbursements to  such  appropriations  for  all  state
    29  departments and agencies, as applicable, in amounts equal to the amounts
    30  charged against the appropriations in this act for each such department,
    31  agency, and the legislature and the judiciary.

    32    §  11. Severability clause. If any clause, sentence, paragraph, subdi-
    33  vision, section or part of this act shall be adjudged by  any  court  of
    34  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    35  impair, or invalidate the remainder thereof, but shall  be  confined  in
    36  its  operation  to the clause, sentence, paragraph, subdivision, section
    37  or part thereof directly involved in the controversy in which such judg-
    38  ment shall have been rendered. It is hereby declared to be the intent of
    39  the legislature that this act would  have  been  enacted  even  if  such
    40  invalid provisions had not been included herein.

    41    §  12.  This  act shall take effect immediately and shall be deemed to
    42  have been in full force and effect on and after April 1, 2024; provided,
    43  however, that upon the transfer of expenditures and disbursements by the
    44  comptroller as provided in section ten of this act,  the  appropriations
    45  made by this act and subject to such section shall be deemed repealed.
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