Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Apr 08, 2024 |
signed chap.114 delivered to governor returned to assembly passed senate message of necessity - 3 day message message of necessity - appropriation 3rd reading cal.771 substituted for s8986 referred to rules |
Apr 07, 2024 |
delivered to senate passed assembly message of necessity - 3 day message message of necessity - appropriation ordered to third reading rules cal.27 rules report cal.27 reported reported referred to rules referred to ways and means |
Assembly Bill A9771
Signed By Governor2023-2024 Legislative Session
Provides for emergency appropriation for the period April 1, 2024 through April 11, 2024
download bill text pdfSponsored By
WEINSTEIN
Current Bill Status - Signed by Governor
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Apr 8, 2024
aye (51)- Addabbo Jr.
- Ashby
- Bailey
- Breslin
- Brisport
- Chu
- Cleare
- Comrie
- Felder
- Fernandez
- Gianaris
- Gonzalez
- Gounardes
- Griffo
- Harckham
- Helming
- Hinchey
- Hoylman-Sigal
- Jackson
- Kavanagh
- Kennedy
- Krueger
- Lanza
- Liu
- Mannion
- Martinez
- Mattera
- May
- Mayer
- Murray
- Myrie
- O'Mara
- Oberacker
- Palumbo
- Parker
- Persaud
- Ramos
- Rivera
- Rolison
- Salazar
- Sanders Jr.
- Scarcella-Spanton
- Sepúlveda
- Serrano
- Skoufis
- Stavisky
- Stewart-Cousins
- Tedisco
- Thomas
- Webb
- Weik
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2023-A9771 (ACTIVE) - Details
- See Senate Version of this Bill:
- S8986
- Law Section:
- Appropriations
- Laws Affected:
- Amd §§2, 3, 5 & 6, Chap 111 of 2024; amd §7, Chap 113 of 2024
2023-A9771 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9771 I N A S S E M B L Y April 7, 2024 ___________ Introduced by M. of A. WEINSTEIN -- (at request of the Governor) -- read once and referred to the Committee on Ways and Means 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 to amend chapter 113 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 113 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 payrolls scheduled to be paid during the period April 1 through April [8] 11, 2024 to state officers and employees of the EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
LBD12032-01-4 A. 9771 2 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 .................... [220,500,000] 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 113 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 [8] 11, 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 ......................... .............................. [20,000,000] 22,000,000 -------------- § 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. A. 9771 3 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, 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, 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, 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 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 A. 9771 4 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, 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 113 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 .......... [14,960,000] 18,170,000 -------------- 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) ............................... [8,560,000] 11,770,000 -------------- § 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. JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS A. 9771 5 AID TO LOCALITIES COMMUNITY SUPPORT PROGRAMS ..................................... 105,000 -------------- General Fund Local Assistance Account - 10000 Notwithstanding any other provision of law, the money hereby appropriated may be increased or decreased by interchange, with any appropriation of the justice center for the protection of people with special needs, and may be increased or decreased by transfer or suballocation between these appropriated amounts and appropriations of the office of mental health, office for people with develop- mental disabilities, office of addiction services and supports, department of health, and the office of children and family services with the approval of the director of the budget who shall file such approval with the department of audit and control and copies thereof with the chair- man of the senate finance committee and the chairman of the assembly ways and means committee. For surrogate decision-making committee program contracts with local service providers (48926) .............................. 105,000 -------------- § 7. Section 6 of chapter 111 of the laws of 2024, relating to making appropriations for the support of government, as amended by chapter 113 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 ...... [210,000,000] 375,000,000 -------------- 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 A. 9771 6 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) ......... [210,000,000] 375,000,000 -------------- § 8. 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 MENTAL HYGIENE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES AID TO LOCALITIES COMMUNITY SERVICES PROGRAM .................................. 49,450,000 -------------- General Fund Local Assistance Account - 10000 For services and expenses of the community services program, net of disallowances, for community programs for people with developmental disabilities pursuant to article 41 of the mental hygiene law, and/or chapter 620 of the laws of 1974, chapter 660 of the laws of 1977, chapter 412 of the laws of 1981, chapter 27 of the laws of 1987, chapter 729 of the laws of 1989, chapter 329 of the laws of 1993 and other provisions of the mental hygiene law. Notwithstanding any inconsistent provision of law, the following appropri- ation shall be net of prior and/or current year refunds, rebates, reimbursements, and credits. Notwithstanding any other provision of law, advances and reimbursement made pursuant to subdivision (d) of section 41.15 and section 41.18 of the mental hygiene law shall be allocated pursuant to a plan and in a manner prescribed by the agency head and approved by the director of the budg- et. The moneys hereby appropriated are available to reimburse or advance locali- ties and voluntary non-profit agencies for expenditures made during local fiscal periods commencing January 1, 2024, April 1, 2024 or July 1, 2024, and for advances A. 9771 7 for the 3 month period beginning January 1, 2025. Notwithstanding the provisions of article 41 of the mental hygiene law or any other inconsistent provision of law, rule or regulation, the commissioner, pursuant to such contract and in the manner provided therein, may pay all or a portion of the expenses incurred by such voluntary agen- cies arising out of loans which are funded from the proceeds of bonds and notes issued by the dormitory authority of the state of New York. Notwithstanding any other provision of law, the money hereby appropriated may be transferred to state operations and/or any appropriation of the office for people with developmental disabilities with the approval of the director of the budget. Notwithstanding any inconsistent provision of law, moneys from this appropriation may be used for state aid of up to 100 percent of the net deficit costs of day training programs and family support services. Notwithstanding the provisions of section 16.23 of the mental hygiene law and any other inconsistent provision of law, with relation to the operation of certified family care homes, including family care homes sponsored by voluntary not-for-pro- fit agencies, moneys from this appropri- ation may be used for payments to purchase general services including but not limited to respite providers, up to a maximum of 14 days, at rates to be established by the commissioner and approved by the director of the budget in consideration of factors including, but not limited to, geographic area and number of clients cared for in the home and for payment in an amount determined by the commissioner for the personal needs of each client residing in the family care home. Notwithstanding the provisions of subdivi- sion 12 of section 8 of the state finance law and any other inconsistent provision of law, moneys from this appropriation may be used for expenses of family care homes including payments to operators of certi- fied family care homes for damages caused by clients to personal and real property in accordance with standards established by the commissioner and approved by the director of the budget. Notwithstanding any inconsistent provision of law, moneys from this appropriation may A. 9771 8 be used for appropriate day program services and residential services includ- ing, but not limited to, direct housing subsidies to individuals, start-up expenses for family care providers, envi- ronmental modifications, adaptive technol- ogies, appraisals, property options, feasibility studies and preoperational expenses. Notwithstanding any inconsistent provision of law except pursuant to chapter 57 of the laws of 2023 authorizing a 4.0 percent cost of living adjustment, for the period commencing on April 1, 2023 and ending March 31, 2024 the commissioner shall not apply any other cost of living adjustment for the purpose of establishing rates of payments, contracts or any other form of reimbursement. Notwithstanding section 6908 of the educa- tion law and any other provision of law, rule or regulation to the contrary, direct support staff in programs certified or approved by the office for people with developmental disabilities, including the home and community based services waiver programs that the office for people with developmental disabilities is authorized to administer with federal approval pursu- ant to subdivision (c) of section 1915 of the federal social security act, are authorized to provide such tasks as OPWDD may specify when performed under the supervision, training and periodic inspection of a registered professional nurse and in accordance with an authorized practitioner's ordered care. Notwithstanding any other provision of law to the contrary, and consistent with section 33.07 of the mental hygiene law, the directors of facilities licensed but not operated by the office for people with developmental disabilities who act as federally-appointed representative payees and who assume management responsibility over the funds of a resident may continue to use such funds for the cost of the resident's care and treatment, consistent with federal law and regulations. Funds appropriated herein shall be available in accordance with the following: Notwithstanding any other provision of law to the contrary, funds appropriated herein are available to reimburse in- and out-of- state private residential schools, pursu- ant to subdivision (c) of section 13.37-a A. 9771 9 and subdivision (g) of section 13.38 of the mental hygiene law, for costs of supporting the residential and day program services available to individuals who are over the age of 21 years of age, provided that the amount paid for residential services and/or maintenance costs is net of any supplemental security income bene- fit to which the individual receiving services is eligible, and provided further that funding for nonresidential services will be in an amount not to exceed the maximum reimbursement for appropriate day services delivered by the office for people with developmental disabilities certified or approved providers other than in- and out-of-state private residential schools, unless otherwise authorized by the director of the budget. Notwithstanding section 163 of the state finance law, section 142 of the economic development law, and article 41 of the mental hygiene law, the commissioner of the office for people with developmental disabilities may make the funds appropri- ated herein available as state aid, a loan or a grant, pursuant to terms and condi- tions established by the commissioner of the office for people with developmental disabilities, to cover a portion of the development costs of private, public and/or non-profit organizations, including corporations and partnerships established pursuant to the private housing finance law and/or any other statutory provisions, for supportive housing units that have been set aside for individuals with intel- lectual and developmental disabilities. Further, the office for people with devel- opmental disabilities shall have a lien on the real property developed with such state aid, loans or grants, which shall be in the amount of the loan or grant, for a maximum term of 30 years, or other longer term consistent with the requirements of another regulatory agency. For services and expenses related to the provision of residential services to people with developmental disabilities (37802) ..................................... 28,968,000 For services and expenses related to the provision of day program services to people with developmental disabilities (37803) ...................................... 6,627,000 For services and expenses related to the provision of family support services to A. 9771 10 people with developmental disabilities (37804) ...................................... 8,087,000 For services and expenses related to the provision of workshop, day training and employment services to people with devel- opmental disabilities. Notwithstanding any other provision of law, up to $800,000 of this appropriation may be transferred to the New York State Education Departments' Adult Career and Continuing Education Services - Vocational Rehabilitation (ACCES-VR) program to support the Long- Term Sheltered Employment program operated by FEDCAP Rehabilitation Services, Inc. (37805) ...................................... 4,667,000 For other services and expenses provided to people with developmental disabilities including but not limited to hepatitis B, care at home waiver, epilepsy services, Special Olympics New York, Inc. and volun- tary fingerprinting (37806) .................. 1,101,000 -------------- § 9. 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 TRANSPORTATION AID TO LOCALITIES DEDICATED MASS TRANSPORTATION TRUST FUND PROGRAM ............ 51,000,000 -------------- Special Revenue Funds - Other Dedicated Mass Transportation Trust Fund Railroad Account - 20852 To the metropolitan transportation authority for deposit in the metropolitan transpor- tation authority dedicated tax fund for the expenses of the New York city transit authority, the Manhattan and Bronx surface transit operating authority, and the Staten Island rapid transit operating authority, the Long Island rail road company and the Metro-North commuter rail- road company which includes the New York state portion of the Harlem, Hudson, Port Jervis, Pascack, and the New Haven commu- ter railroad service regardless of whether the services are provided directly or pursuant to joint service agreements. A. 9771 11 No expenditure shall be made hereunder until a certificate of approval has been issued by the director of the budget and a copy of such certificate filed with the state comptroller, the chairperson of the senate finance committee and the chairperson of the assembly ways and means committee. Moneys appropriated herein may be made available at such times and upon such conditions as may be deemed appropriate by the commissioner of transportation and the director of the budget in accordance with the following: To the metropolitan transportation authority for the operating expenses of the Long Island rail road company and the Metro- North commuter railroad company which include operating expenses for the New York state portion of Harlem, Hudson, Port Jervis, Pascack, and New Haven commuter railroad services regardless of whether such services are provided directly or pursuant to joint service agreements (54282) ...................................... 7,700,000 -------------- Special Revenue Funds - Other Dedicated Mass Transportation Trust Fund Transit Authorities Account - 20851 To the metropolitan transportation authority for deposit in the metropolitan transpor- tation authority dedicated tax fund for the expenses of the New York city transit authority, the Manhattan and Bronx surface transit operating authority, and the Staten Island rapid transit operating authority, the Long Island rail road company and the Metro-North commuter rail- road company which includes the New York state portion of the Harlem, Hudson, Port Jervis, Pascack, and the New Haven commu- ter railroad service regardless of whether the services are provided directly or pursuant to joint service agreements. No expenditure shall be made hereunder until a certificate of approval has been issued by the director of the budget and a copy of such certificate filed with the state comptroller, the chairperson of the senate finance committee and the chairperson of the assembly ways and means committee. Moneys appropriated herein may be made available at such times and upon such conditions as may be deemed appropriate by the commissioner of transportation and the A. 9771 12 director of the budget in accordance with the following: To the metropolitan transportation authority for the operating expenses of the New York city transit authority, the Manhattan and Bronx surface transit operating authority, and the Staten Island rapid transit oper- ating authority (53173) ..................... 43,300,000 -------------- § 10. Section 7 of chapter 113 of the laws of 2024, relating to making appropriations for the support of government, 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 VETERANS' BENEFITS ADVISING PROGRAM ............. [112,000] 154,000 -------------- 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] 154,000 -------------- § 11. 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. § 12. 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. § 13. Severability clause. If any clause, sentence, paragraph, subdi- vision, section or part of this act shall be adjudged by any court of A. 9771 13 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. § 14. 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 twelve of this act, the appropri- ations made by this act and subject to such section shall be deemed repealed.
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