Bill S7277-2009

Provides for emergency appropriation for the period April 1, 2010 through April 11, 2010

Provides for emergency appropriation for the period April 1, 2010 through April 11, 2010.

Details

Actions

  • Mar 29, 2010: SUBSTITUTED BY A10469
  • Mar 29, 2010: ORDERED TO THIRD READING CAL.324
  • Mar 29, 2010: REPORTED AND COMMITTED TO RULES
  • Mar 26, 2010: REFERRED TO FINANCE

Votes

Memo

 BILL NUMBER:  S7277

TITLE OF BILL :

An act making appropriations for the support of government

PURPOSE :

This bill provides appropriations to various agencies to permit certain payments due from April 1 to April 11, 2010, to be made absent enactment of the Budget appropriation bills submitted by the Governor for the State fiscal year beginning April 1, 2010.

SUMMARY OF PROVISIONS :

Section 1 of this bill authorizes the Comptroller to utilize the appropriations contained in the bill, which relate to the 2010-11 State fiscal year, absent enactment of the 2010-11 Budget.

Section 2 appropriates $376.9 million for the personal service payments scheduled to be made to State officers and employees through April 14, 2010, including payments for officers and employees of the Legislature and Judiciary, statewide elected officials and elected members of the Legislature; payments 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; and, as appropriate, lump sum payments, advances, awards and longevity increases.

Section 3 appropriates $38.8 million to pay to the social contribution fund, the payroll taxes relating to the personal payments specified above.

Section 4 appropriates $26,000 to make payments to the Insurance and Annuity Association/College Retirement Equities Fund.

Section 5 provides $30 million in appropriation authority for nonpersonal service payments by various State agencies including the Legislature and Judiciary. 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 11, 2010 would be made subject to additional future appropriations.

Section 6 provides a total of $40 million for capital projects funded by the American Recovery and Reinvestment Act of 2009, as follows;

* $20 million for the continuation of transportation-related capital construction contracts approved prior to April 1, 2010 to allow payment of liabilities incurred through April 11, 2010.

* $20 million for the approval of new transportation-related capital construction contracts for projects from April 1, 2010 through April 11, 2010.

Section 7 provides $10 million for the approval of capital construction projects for emergency health and safety purposes from April 1, 2010 to April 11, 2010.

Sections 8 provides $131 million to the Division of Housing and Community Renewal to meet essential program expenditures of the Low Income Weatherization Program, funded by the Federal American Recovery and Reinvestment Act.

Section 9 appropriates $488 million to the State Education Department to make mandated payments for the 2009-10 school year in support of General support for public Schools.

Section 10 appropriates $2.95 billion for payments to providers participating in the Medical Assistance Program, including payments to local providers of medical services and family care.

Section 11 appropriates $711,000 to the office of Children and Family Services to support youth facility improvements.

Section 12 appropriates $60 million to the office of Temporary and Disability Assistance for SSI payments.

Section 13 provides $420 million in appropriation authority to the Department of Labor for Unemployment Insurance benefits to claimants and $5 million in Federal funds for the local area Workforce Investment Act (WIA) youth training and employment programs.

Section 14 provides $1.25 million to the Olympic Regional Development Authority for staff salaries and other related expenses of such authority.

Section 15 prohibits expenditures from all appropriations until. certificates of approval have been issued by the Director of the Budget and filed with certain State officers.

Section 16 requires the Comptroller to transfer any expenditures made against these appropriations to the 2010-11 Budget appropriations after they have become law.

Section 17 provides that the bill take effect immediately and is deemed to be in full force and effect on April 1, 2010, and, further, that the appropriations made in the bill will be deemed repealed upon the transfer of expenditures by the Comptroller pursuant to section 16 of the bill.

EXISTING LAW :

None.

STATEMENT IN SUPPORT :

This bill will allow the State to make certain payments certain liabilities during the period April 1 through April 11, timely basis, in the absence of an enacted budget for State fiscal year 2010-11.

BUDGET IMPLICATIONS :

Expenditures and disbursements made against these appropriations shall, upon final action by the Legislature on the appropriation bills submitted by the Governor for the support of government for the State fiscal year beginning April 1, 2010, be transferred by the Comptroller as expenditures and disbursements to such appropriations for State departments and agencies, the Legislature and the Judiciary. Accordingly, this bill will have no additional impact on the State's 2010-11 Financial Plan.

EFFECTIVE DATE :

Immediately, with provisions.






Text

STATE OF NEW YORK ________________________________________________________________________ 7277 IN SENATE March 26, 2010 ___________
Introduced by COMMITTEE ON RULES -- (at request of the Governor) -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT making appropriations for the support of government 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, 2010 are enacted. S 2. The sum of three hundred seventy-six million eight hundred fifty-two thousand dollars ($376,852,000), 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 purposes specified, which amount shall be available for the state fiscal year beginning April 1, 2010. ALL STATE DEPARTMENTS AND AGENCIES For the purpose of making payments for personal service, including liabilities incurred prior to April 1, 2010, on the payrolls scheduled to be paid during the period April 1 through April 14, 2010 to state officers and employees of the execu- tive branch, including the governor, lieu- tenant governor, comptroller and attorney general; to officers and employees of the judiciary; and to officers and employees of the legislature, including payments to
the members of the senate and assembly under sections 5 and 5-a of the legisla- tive law; and payments for services performed by mentally ill or develop- mentally disabled persons who are employed in state-operated special employment, work-for-pay or sheltered workshop programs ................................... 376,852,000 ============== S 3. The sum of thirty-eight million eight hundred nine thousand dollars ($38,809,000), or so much thereof as shall be sufficient to accomplish the purpose designated, is hereby appropriated out of any moneys in the general fund to the credit of the state purposes account not otherwise appropriated for the purpose of paying to the social secu- rity contribution fund, the state's share, as employer, of the payroll tax for payrolls scheduled to be paid during the period April 1 through April 14, 2010, including liabilities incurred prior to April 1, 2010 .. ............................................................. 38,809,000 ============== S 4. The sum of twenty-six thousand dollars ($26,000), or so much thereof as shall be sufficient to accomplish the purpose designated, is hereby appropriated out of any moneys in the general fund to the credit of the state purposes account not otherwise appropriated for payments to the teachers insurance and annuity association and college retirement equities fund associated with individuals working in the education department, the higher education services corporation, and the state university of New York construction fund. Notwithstanding any other provisions of law to the contrary, the comptroller is hereby authorized and directed to utilize this appropriation for the purpose of making scheduled teachers insurance and annuity association and college retire- ment equities fund payments ..................................... 26,000 ============== S 5. 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 purposes specified, which amount shall be available for the state fiscal year beginning April 1, 2010. ALL STATE DEPARTMENTS AND AGENCIES For the payment of state operations nonper- sonal service liabilities, including the legislature and judiciary, incurred in the ordinary course of business, during the period April 1 through April 11, 2010, pursuant to existing state law and for purposes for which the legislature author- ized the expenditure of moneys during the 2009-2010 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 2009-2010 state fiscal year shall have ceased to have force and effect ............. 30,000,000 ============== S 6. 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 purposes specified, which amount shall be available for the state fiscal year beginning April 1, 2010. AMERICAN RECOVERY AND REINVESTMENT ACT (CCP) ................ 40,000,000 Federal Capital Projects Fund - 291 American Recovery and Reinvestment Act Purpose The sum of twenty million dollars ($20,000,000), or so much thereof as shall be sufficient to accomplish the purpose designated, is hereby appropriated for contracts approved prior to April 1, 2010 for the payment by the state of the federal share of transportation related capital projects liabilities funded by the American Recovery and Rein- vestment Act of 2009 incurred in the ordinary course of business from April 1 through April 11, 2010, pursuant to existing state law and for purposes for which the legislature authorized the expenditures of money during the 2009-2010 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 supersede, nullify, or modi- fy the provisions of section 40 of the state finance law prescribing when appropriations made for the 2009-2010 fiscal year shall have ceased to have force and effect. Funds appropriated herein shall be subject to all applicable reporting and accountability requirements contained in such act .................................................... 20,000,000 ============== The sum of twenty million dollars ($20,000,000), or so much thereof as shall be sufficient to accomplish the purpose designated, is hereby appropriated for contracts approved for purposes for which the legisla- ture authorized the expenditures of money during the 2009-2010 fiscal year. An amount up to twenty million dollars ($20,000,000) shall be available for the payment by the state of the federal share of related transportation capital projects liabilities, funded by the American Recovery and Reinvestment Act of 2009 incurred in the ordinary course of business during the period from April 1 through April 11, 2010 for contracts approved during the period April 1 through April 11, 2010, provided, however, that nothing contained herein shall be deemed to limit or restrict the power or authority of state departments or agen- cies to conduct their activities or operations in accordance with exist- ing 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 appropriations made for the 2009-2010 fiscal year shall have ceased to have force and effect. Funds appropriated herein shall be subject to all applicable reporting and accountability requirements contained in such act ........... 20,000,000 ============== S 7. 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 purposes specified, which amount shall be available for the state fiscal year beginning April 1, 2010. The sum of ten million dollars ($10,000,000), or so much thereof as shall be sufficient to accomplish the purpose designated, is hereby appropriated for contracts approved in accordance with section 112 of the state finance law for purposes for which the legislature authorized the expenditures of money during the 2009-2010 fiscal year. An amount up to ten million dollars ($10,000,000) shall be available for the payment of capital projects liabilities, including any contractual services liabilities of the engineering services fund, incurred to address emer- gency health and safety needs as certified by the director of budget during the period from April 1 through April 11, 2010 for contracts approved during the period April 1 through April 11, 2010, 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 supersede, nullify, or modify the provisions of section 40 of the state finance law prescribing when appropriations made for the 2009-2010 fiscal year shall have ceased to have force and effect ................. ............................................................. 10,000,000 ============== S 8. The several amounts specified in this section, or so much thereof as shall be sufficient to accomplish the purposes designated, are hereby appropriated and authorized to be paid as hereinafter provided, to the respective public officers and for the several purposes specified, which amounts shall be available for the state fiscal year beginning April 1, 2010. DIVISION OF HOUSING AND COMMUNITY RENEWAL LOW INCOME WEATHERIZATION PROGRAM .......................... 131,000,000 -------------- Special Revenue Funds - Federal / Aid to Localities Federal Operating Grants Fund - 290 Department of Energy Weatherization Account For low income weatherization grants to be apportioned in accordance with federal rules and regulations of the American Recovery and Rein- vestment Act of 2009. Funds appropriated herein shall be subject to all applicable reporting and accountability requirements contained in such act.
The sum of one hundred thirty-one million dollars ($131,000,000), or so much thereof as shall be sufficient to accomplish the purpose desig- nated, is hereby appropriated to the division of housing and community renewal out of any moneys in the federal operating grants fund-290 department of energy weatherization account for payments to eligible grantees ................................................... 131,000,000 ============== S 9. The several amounts specified in this section, or so much thereof as shall be sufficient to accomplish the purposes designated, are hereby appropriated and authorized to be paid as hereinafter provided, to the respective public officers and for the several purposes specified, which amounts shall be available for the state fiscal year beginning April 1, 2010. EDUCATION DEPARTMENT ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION PROGRAM ......... .......................................................... 488,000,000 -------------- General Fund / Aid to Localities Local Assistance Account - 001 The sum of four hundred eighty-eight million dollars ($488,000,000), or so much thereof as shall be sufficient to accomplish the purpose designated, is hereby appropriated to the state education department out of any moneys in the general fund to the credit of the local assistance account not otherwise appropriated. The comptroller is hereby authorized and directed to utilize this appropriation for the purpose of making mandated payments for the state fiscal year beginning April 1, 2010 for the 2009-2010 school year for general support for public schools, including support for excess cost aid payments ......................... ............................................................ 488,000,000 ============== S 10. The several amounts specified in this section, or so much there- of as shall be sufficient to accomplish the purposes designated, are hereby appropriated and authorized to be paid as hereinafter provided, to the respective public officers and for the several purposes speci- fied, which amounts shall be available for the state fiscal year begin- ning April 1, 2010. DEPARTMENT OF HEALTH For payment according to the following schedule: SCHEDULE DEPARTMENT OF HEALTH STATE OPERATIONS AND AID TO LOCALITIES MEDICAL ASSISTANCE PROGRAM ............................... 2,950,000,000 --------------
General Fund / Aid to Localities Local Assistance Account - 001 Medical assistance program, exclusive of expenses incurred by local districts for administration of the medical assistance program and for medical care rates for authorized child care agencies. The money hereby appropriated is to be available for payment of aid heretofore accrued to municipalities, and to provid- ers of medical services pursuant to section 367-b of the social services law, and for payment of state aid to munici- palities and to providers of family care where payment systems through the fiscal intermediaries are not operational, and shall be available to the department net of disallowances, refunds, reimbursements, and credits. Notwithstanding any inconsistent provision of law, moneys hereby appropriated may be used for transfer to the federal revenue maximization contract fund, pursuant to the provisions of the state finance law. Notwithstanding any inconsistent provision of law, the moneys hereby appropriated may be increased or decreased by interchange with any appropriation of the department of health medical assistance adminis- tration program and/or medical assistance program, and may be increased or decreased by transfer or suballocation between these appropriated amounts and appropriations of the department of social services or its successor agencies 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 chairman of the senate finance committee and the chairman of the assembly ways and means committee. Notwithstanding any inconsistent provision of law, the money hereby appropriated shall not be used for any existing rates, fees, fee schedules, or procedures which may affect the cost of care and services provided by personal care providers, case managers, health maintenance organiza- tions, out of state medical facilities which provide care and services to resi- dents of the state, providers of transpor- tation services, that are altered, amended, adjusted or otherwise changed by a local social services district unless
previously approved by the department of health and the director of the budget. For services and expenses of the medical assistance program including hospital inpatient services ......................... 164,000,000 For services and expenses of the medical assistance program including hospital outpatient and emergency room services ...... 30,000,000 For services and expenses of the medical assistance program including clinic services .................................... 28,000,000 For services and expenses of the medical assistance program including nursing home services ................................... 296,000,000 For services and expenses of the medical assistance program including other long term care services ......................... 222,000,000 For services and expenses of the medical assistance program including managed care services ................................... 248,000,000 For services and expenses of the medical assistance program including pharmacy services ................................... 130,000,000 For services and expenses of the medical assistance program including transporta- tion services ............................... 12,000,000 For services and expenses of the medical assistance program including dental services ..................................... 6,000,000 For services and expenses of the medical assistance program including non-institu- tional and other spending ................... 64,000,000 For services and expenses of the medical assistance program including medical services provided at state facilities operated by the office of mental health, the office of mental retardation and developmental disabilities and the office of alcoholism and substance abuse services ............................................ 400,000,000 -------------- Program account subtotal ............... 1,600,000,000 -------------- Special Revenue Funds - Federal / Aid to Localities Federal Health, Education and Human Services Fund - 265 Medicaid Direct Account For services and expenses for the medical assistance program, excluding administra- tive expenses, pursuant to title XIX of the federal social security act or its successor program. The moneys hereby appropriated are to be available for payment of aid heretofore accrued to municipalities, and to provid-
ers of medical services pursuant to section 367-b of the social services law, and for payment of state aid to munici- palities and to providers of family care where payment systems through the fiscal intermediaries are not operational, and shall be available to the department net of disallowances, refunds, reimbursements, and credits. For services and expenses of the medical assistance program including hospital inpatient services .......................... 90,000,000 For services and expenses of the medical assistance program including hospital outpatient and emergency room services ...... 15,000,000 For services and expenses of the medical assistance program including clinic services .................................... 15,000,000 For services and expenses of the medical assistance program including nursing home services ................................... 163,000,000 For services and expenses of the medical assistance program including other long term care services ......................... 123,000,000 For services and expenses of the medical assistance program including managed care services ................................... 137,000,000 For services and expenses of the medical assistance program including pharmacy services .................................... 72,000,000 For services and expenses of the medical assistance program including transporta- tion services ................................ 6,000,000 For services and expenses of the medical assistance program including dental services ..................................... 4,000,000 For services and expenses of the medical assistance program including non-institu- tional and other spending ................... 35,000,000 For services and expenses of the medical assistance program including medical services provided at state facilities operated by the office of mental health, the office of mental retardation and developmental disabilities and the office of alcoholism and substance abuse services ............................................ 500,000,000 -------------- Program account subtotal ............... 1,160,000,000 -------------- Special Revenue Funds - Federal / Aid to Localities Federal Health and Human Services Fund - 265 Medicaid Direct Account
For services and expenses of the medical assistance program including hospital inpatient, hospital outpatient and emer- gency room, clinic, nursing home, other long term care, managed care, pharmacy, transportation, dental, non-institutional and other spending, medical services provided at state facilities operated by the office of mental health, the office of mental retardation and developmental disa- bilities and the office of alcoholism and substance abuse services and for any other medical assistance services resulting from an increase in the federal medical assist- ance percentage ............................ 190,000,000 -------------- Program account subtotal ................. 190,000,000 -------------- S 11. The amounts specified in this section, or so much thereof as shall be sufficient to accomplish the purposes designated, are hereby appropriated and authorized to be paid as hereinafter provided, to the respective public officers and for the several purposes specified, which amounts shall be available for the state fiscal year beginning April 1, 2010. DEPARTMENT OF FAMILY ASSISTANCE OFFICE OF CHILDREN AND FAMILY SERVICES YOUTH FACILITIES PROGRAM ....................................... 711,000 -------------- General Fund / State Operations State Purposes Account - 003 For services and expenses related to remedi- ation or improvement of juvenile justice practices, including implementation of a New York model treatment program for youth in the care of the office of children and family services, in office of children and family services facilities and in the community. Funds appropriated herein shall be made available subject to the approval of an expenditure plan by the director of the budget. PERSONAL SERVICE Personal service--regular ........................ 518,186 Temporary service ................................. 16,921 Holiday/overtime compensation ..................... 46,816 -------------- Amount available for personal service .......... 581,923 --------------
NONPERSONAL SERVICE Supplies and materials ............................ 46,699 Travel ............................................. 2,032 Contractual services .............................. 78,197 Equipment .......................................... 2,149 -------------- Amount available for nonpersonal service ....... 129,077 -------------- Program account subtotal ..................... 711,000 -------------- S 12. The amounts specified in this section, or so much thereof as shall be sufficient to accomplish the purposes designated, are hereby appropriated and authorized to be paid as hereinafter provided, to the respective public officers and for the several purposes specified, which amounts shall be available for the state fiscal year beginning April 1, 2010. DEPARTMENT OF FAMILY ASSISTANCE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE EMPLOYMENT AND ECONOMIC SUPPORT PROGRAM ..................... 60,000,000 -------------- General Fund / Aid to Localities Local Assistance Account - 001 For expenditures made pursuant to title 8 of article 5 of the social services law and for expenditures for additional state payments for eligible aged, blind, and disabled persons related to supplemental security income ............................. 60,000,000 -------------- S 13. The several amounts specified in this section, or so much there- of as shall be sufficient to accomplish the purposes designated, are hereby appropriated and authorized to be paid as hereinafter provided, to the respective public officers and for the several purposes speci- fied, which amounts shall be available for the state fiscal year begin- ning April 1, 2010. DEPARTMENT OF LABOR UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ..................... 420,000,000 -------------- Enterprise Funds / State Operations Unemployment Insurance Benefit Fund - 481 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 .................... 420,000,000 --------------
EMPLOYMENT AND TRAINING PROGRAM .............................. 5,000,000 -------------- Special Revenue Funds - Federal / Aid to Localities Federal Workforce Investment Act Fund - 486 Federal Emergency Employment Act Account For the administration and operation of employment and training programs as funded by grants under the workforce investment act, public law 105-220, including grants to other governmental units, community- based organizations, non-profit and for profit organizations, and suballocations to state departments and agencies, and a portion may be transferred to state oper- ations, according to the following: For services and expenses of adult, youth and dislocated worker employment and training local workforce investment area programs and statewide rapid response activities ................................... 5,000,000 -------------- S 14. The several amounts specified in this section, or so much there- of as shall be sufficient to accomplish the purposes designated, are hereby appropriated and authorized to be paid as hereinafter provided, to the respective public officers and for the several purposes speci- fied, which amounts shall be available for the state fiscal year begin- ning April 1, 2010. OLYMPIC REGIONAL DEVELOPMENT AUTHORITY OLYMPIC FACILITIES OPERATIONS PROGRAM ........................ 1,250,000 -------------- General Fund / State Operations State Purposes Account - 003 The sum of one million two hundred fifty thousand dollars ($1,250,000), or so much thereof as shall be sufficient to accomplish the purpose designated, is hereby appropriated to the olympic regional development authority out of any moneys in the general fund to the cred- it of the state purposes account not otherwise appropriated, for payment of staff salaries and other related expenses of such authority ......... .............................................................. 1,250,000 ============== S 15. 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. S 16. 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, 2010, be transferred by the comptroller as expenditures and disbursements to such appropriations for all state departments, agencies, the legislature and the judiciary, as applicable, in amounts equal to the amounts charged against the appropriations in this act for each such department, agency, the legislature and the judi- ciary. S 17. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2010; provided, however, that upon the transfer of expenditures and disbursements by the comptroller as provided in section sixteen of this act, the appropri- ations made by this act and subject to such section shall be deemed repealed.

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