Bill S7777-2009

Provides for emergency appropriation for the period April 1, 2010 through May 20, 2010

Provides for emergency appropriation for the period April 1, 2010 through May 16, 2010.

Details

  • Same as:
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  • Multi-sponsor(s):
  • Co-sponsor(s):
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  • Law:

Actions

  • May 10, 2010: SIGNED CHAP.75
  • May 10, 2010: DELIVERED TO GOVERNOR
  • May 10, 2010: returned to senate
  • May 10, 2010: passed assembly
  • May 10, 2010: message of necessity - 3 day message
  • May 10, 2010: message of necessity - appropriation
  • May 10, 2010: ruling of chair on point of order
  • May 10, 2010: ruling of chair on point of order
  • May 10, 2010: ordered to third reading rules cal.40
  • May 10, 2010: substituted for a11011
  • May 10, 2010: referred to ways and means
  • May 10, 2010: DELIVERED TO ASSEMBLY
  • May 10, 2010: PASSED SENATE
  • May 10, 2010: MESSAGE OF NECESSITY - 3 DAY MESSAGE
  • May 10, 2010: MESSAGE OF NECESSITY - APPROPRIATION
  • May 10, 2010: ORDERED TO THIRD READING CAL.507
  • May 10, 2010: REPORTED AND COMMITTED TO RULES
  • May 10, 2010: REFERRED TO FINANCE

Votes

Memo

 BILL NUMBER:  S7777

TITLE OF BILL :

An act making appropriations for the support of government; to amend chapter 20 of the laws of 2010, relating to making appropriations for the support of government; to amend chapter 46 of the laws of 2010, relating to making appropriations for the support of government; and to amend chapter 47 of the laws of 2010, relating to making appropriations for the support of government

PURPOSE :

This bill provides appropriations to various State departments and agencies to permit certain payments due from April 1 to May 16, 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 authorizes the Comptroller to utilize the appropriations contained in this bill, which relate to the 2010-11 State fiscal year, absent enactment of the 2010-11 Budget.

Section 2 appropriates an additional $160.4 million for the personal service payments scheduled to be made to State officers and employees through May 20, 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.

It should be noted that the sudden and significant loss of revenue to the State that began in 2008 has created a cash flow and deficit crisis that cannot be resolved absent extraordinary and broad-based measures to control State spending. This emergency spending budget bill provides for the first of an expected series of one-day furloughs for certain Executive Branch employees during the week commencing May 17, 2010.

Employees within the Executive Branch of government, including employees of the CUNY senior colleges, would be subject to a work week reduction of 20%. A commensurate reduction would be made to the employee's salary. Those employees who have been designated managerial/confidential, or who serve in positions fully funded by the federal government are exempt. Agency heads are authorized to exempt additional employees, based on their involvement in direct care or other duties necessary for the preservation of health and safety. The furlough would not apply to those subject to a negotiated agreement providing comparable personal savings.

This furlough addresses a necessary component of the Governor's financial plan to bring the State's finances into balance for State Fiscal Year 2010-11, and is needed to ensure the State has sufficient cash flow in the absence of an enacted budget. To respond to the severe fiscal crisis facing the State, the Governor's Executive Budget, submitted to the Legislature on January 19, proposed measures to close a $7.4 billion dollar deficit through $5 billion in broad-based spending reductions, including $250 million from state workforce savings, and $995.2 million in revenue and fee enhancements. Just weeks after the Governor's budget submission, the concensus revenue forecast agreed to between the Executive and the Legislature on March 1, 2010 estimated an additional $850 million decrease in State revenues in FY 2010-11. Subsequently, the Governor submitted a plan that included additional gap closing measures on April 27.

Achieving a balanced budget and maintaining adequate cash availability is a matter of overriding state concern, necessary to ensure that the State preserves both short and long-term fiscal stability and economic vitality. The furlough that would be enacted by this legislation is an essential part of a wide-ranging effort to curtail and delay expenditures so as to ensure that the State addresses the current fiscal crisis, and has sufficient funds to meet its obligations. Moreover, in the absence of an enacted budget, savings measures like this present the only means for the state to address these concerns.

Section 3 appropriates an additional $15.7 million to pay to the social security contribution fund the payroll taxes relating to the personal service payments specified above.

Section 4 appropriates an additional $1,000 to make payments to the Teachers Insurance and Annuity Association/College Retirement Equities Fund.

Section 5 appropriates an additional $2 million for nonpersonal service payments by the Judiciary.

Section 6 appropriates an additional $20 million for nonpersonal service payments by various State agencies including the Legislature.

Section 7 appropriates $90 million for capital projects funded by the American Recovery and Reinvestment Act of 2009, as follows:

* $10 million is added, for a total appropriation of $50 million, for transportation-related capital construction contracts approved prior to April 1, 2010 to allow payment of liabilities incurred through May 16, 2010.

* $40 million is continued for the approval of new transportation related capital construction contracts for projects from April 1, 2010 through May 16, 2010.

Section 8 continues $20 million for the approval of capital construction projects for emergency health and safety purposes from April 1, 2010 to May 16, 2010.

Section 9 appropriates $65 million to the Department of Transportation as follows:

* $40 million is continued for the payment of the Federal share of transportation capital contracts, excluding liabilities funded by the American Recovery and Reinvestment Act of 2009, approved prior to April 1, 2010, to allow payment of:

--liabilities incurred through May 16, 2010 for projects without a State funding share; and

--liabilities incurred April 1, 2010 through April 11, 2010 for projects with bond eligible State funding shares.

* An appropriation in the amount of $20 million is provided for the payment of the Federal share of transportation capital contracts that do not have any State funding shares and are approved between April 1, 2010 and May 16, 2010, excluding liabilities funded by the American Recovery and Reinvestment Act of 2009.

* An appropriation in the amount of $5 million is provided for the payment of non-State shares of transportation capital contracts approved prior to April 1 and funded through deposits in the Miscellaneous New York State Agency Fund - Highway Costs Improvement Accounts, to allow payment of liabilities incurred through May 16, 2010.

Section 9-a appropriates $5 million for payment of bond-eligible state shares of transportation capital contracts and construction inspection contracts approved prior to April 1, 2010, to allow payment of liabilities incurred from April 1, 2010 through April 11, 2010, only to the extent bond proceeds are available.

Section 10 appropriates an additional $1.45 billion for payments to providers participating in the Medical Assistance Program, and appropriates an additional $40 million for payments to providers participating in the Child Health Insurance Program.

Section 11 provides an additional $195 million to the Department of Labor for Unemployment Insurance benefits to claimants.

Section 12 appropriates $60 million to the Office of Temporary and Disability Assistance for Supplemental Security Income (SSI) payments.

Section 13 appropriates $2.0 million for Family Care services. This Medicaid funding is supported directly by OMRDD and funds 1,100 families supporting over 2,000 individuals.

Section 14 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 15 requires the Comptroller to transfer any expenditures made against these appropriations to the 2010-11 Budget appropriations after they have become law.

Section 16, 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 17 provides that the bill takes 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 fourteen 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 May 16, 2010 on a 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 ________________________________________________________________________ S. 7777 A. 11011 S E N A T E - A S S E M B L Y May 10, 2010 ___________
IN SENATE -- 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 IN ASSEMBLY -- Introduced by COMMITTEE ON RULES -- (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; to amend chapter 20 of the laws of 2010, relating to making appropriations for the support of government; to amend chapter 46 of the laws of 2010, relating to making appropriations for the support of government; and to amend chapter 47 of the laws of 2010, relating to making appropri- ations 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. Section 2 of chapter 20 of the laws of 2010, relating to making appropriations for the support of government, as amended by chapter 68 of the laws of 2010, is amended to read as follows: S 2. The sum of one billion [two] THREE hundred [thirty-nine] NINETY- NINE million [three] SEVEN hundred [seventy-eight] NINETY-ONE thousand dollars [($1,239,378,000)] ($1,399,791,000), 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 May [12] 20, 2010 to state officers and employees of the executive branch, including the governor, lieutenant governor, comptroller and attorney general; to officers and employ- ees 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 legislative 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; consistent with section 8 of part A of chapter 10 of the laws of 2008, section 3 of chapter 114 of the laws of 2008 and section 4 of chapter 49 of the laws of 2008, and notwithstanding any contrary provision of law, including provisions of article 14 of the civil service law or collective bargaining agreement entered into by the state pursu- ant thereto, the amounts to be paid to state officers and employees of the execu- tive branch for personal service shall not be based on amounts applicable pursuant to subparagraph (4) of paragraph a of subdi- vision 1, subparagraph (4) of paragraph c of subdivision 1, or subparagraph (4) of paragraph e of subdivision 1 of section 130 of the civil service law; or subpara- graph (4) of paragraph a of subdivision 2, or subparagraph (8) of paragraph a of subdivision 2 of section 215 of the execu- tive law; or subparagraph (4) of paragraph a of subdivision 2 of section 216 of the executive law, insofar as such subpara- graphs provide for a general salary increase of four percent. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, INCLUDING ARTICLE 14 OF THE CIVIL SERVICE LAW, COLLECTIVE BARGAINING AGREEMENT OR OTHER ANALOGOUS CONTRACT OR BINDING INTEREST ARBITRATION AWARD, THE WORK WEEK OF OFFI- CERS AND EMPLOYEES IN THE EXECUTIVE BRANCH, INCLUDING TEMPORARY AND SEASONAL EMPLOYEES AND EMPLOYEES OF THE CITY UNIVERSITY OF NEW YORK AS DEFINED IN SUBDIVISION 2 OF SECTION 6202 OF THE EDUCATION LAW, SHALL BE REDUCED BY ONE-FIFTH DURING THE WEEK COMMENCING MAY
17, 2010 AND ENDING ON MAY 23, 2010 AS PROVIDED HEREIN. APPOINTING AUTHORITIES SHALL ENSURE THAT EVERY EMPLOYEE AND EVERY OFFICER IS SCHEDULED FOR SUCH WORK WEEK REDUCTION, EXCEPT THOSE EMPLOYEES WHO SERVE IN A POSITION THAT HAS BEEN DESIG- NATED AS MANAGERIAL OR CONFIDENTIAL PURSU- ANT TO ARTICLE 14 OF THE CIVIL SERVICE LAW, THOSE EMPLOYEES WHOSE POSITION IS ONE HUNDRED PERCENT FUNDED BY THE FEDERAL GOVERNMENT, OR THOSE EMPLOYEES DESIGNATED BY THE APPOINTING AUTHORITY AS WITHIN A TITLE AND POSITION THAT IS RESPONSIBLE FOR PROVIDING DIRECT CARE OR IS ENGAGED IN FUNCTIONS NECESSARY FOR THE PRESERVATION OF HEALTH OR SAFETY. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, INCLUDING SECTION 200 OF THE STATE FINANCE LAW, THE WAGES AND SALARIES PAID TO EMPLOYEES WHOSE WORK WEEK WAS REDUCED SHALL BE REDUCED BY THE SAME PERCENTAGE REDUCTION THAT WAS MADE TO THE EMPLOYEE'S WORK SCHEDULE DURING THE RELEVANT PAYROLL PERIOD, AND IN NO EVENT SHALL AN OFFICER OR EMPLOYEE WHOSE WORK WEEK IS REDUCED BE PERMITTED TO OFFSET ANY REDUCTION IN PAYMENT THROUGH THE UTILIZA- TION OF ANY ACCRUED LEAVE CREDITS. NOTWITHSTANDING SECTION 6221 OF THE EDUCA- TION LAW OR ANY OTHER LAW, RULE OR REGU- LATION TO THE CONTRARY, AID PAYABLE TO NEW YORK CITY FOR PRE-FINANCING THE NET OPER- ATING COSTS OF THE SENIOR COLLEGES OF THE CITY UNIVERSITY FOR THE PERIOD JULY 1, 2009 THROUGH JUNE 30, 2010 SHALL BE REDUCED BY AN AMOUNT EQUAL TO THE SAVINGS IN WAGES AND SALARIES ATTRIBUTABLE TO THE REDUCTION IN WORK WEEK DURING THE WEEK COMMENCING MAY 17, 2010. NEW YORK CITY IS AUTHORIZED AND DIRECTED TO WITHHOLD PAYMENT TO THE CITY UNIVERSITY IN AN AMOUNT EQUAL TO THE SAVINGS ATTRIBUTABLE TO THE WAGES AND SALARIES OF THOSE EMPLOY- EES WHOSE WORK WEEK WAS REDUCED. THE REDUCTION IN WORK WEEK PROVIDED HEREIN SHALL NOT APPLY TO EMPLOYEES WHO ARE SUBJECT TO AN AGREEMENT NEGOTIATED PURSU- ANT TO ARTICLE 14 OF THE CIVIL SERVICE LAW AFTER THE EFFECTIVE DATE OF THIS ACT THAT PROVIDES FOR COMPARABLE PERSONAL SERVICE SAVINGS .................. [1,239,378,000] 1,399,791,000 ============== S 3. Section 3 of chapter 20 of the laws of 2010, relating to making appropriations for the support of government, as amended by chapter 68 of the laws of 2010, is amended to read as follows:
S 3. The sum of one hundred [thirteen] TWENTY-EIGHT million [forty- four] SEVEN HUNDRED SEVENTEEN thousand dollars [($113,044,000)] ($128,717,000), 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 security contrib- ution fund, the state's share, as employer, of the payroll tax for payrolls scheduled to be paid during the period April 1 through May [12] 20, 2010, including liabilities incurred prior to April 1, 2010 ........ ............................................. [113,044,000] 128,717,000 ============== S 4. Section 4 of chapter 20 of the laws of 2010, relating to making appropriations for the support of government, as amended by chapter 68 of the laws of 2010, is amended to read as follows: S 4. The sum of [seventy-seven] SEVENTY-EIGHT thousand dollars [($77,000)] ($78,000), 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 appropri- ation for the purpose of making scheduled teachers insurance and annuity association and college retirement equities fund payments .............. ........................................................ [77,000] 78,000 ============== S 5. Section 6 of chapter 46 of the laws of 2010, relating to making appropriations for the support of government, as amended by chapter 68 of the laws of 2010, is amended to read as follows: 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 respective public officers and for the purpose specified, which amount shall be available for the state fiscal year beginning April 1, 2010. THE JUDICIARY For the payment of state operations nonpersonal service liabilities, the sum of [thirty-nine] FORTY-ONE million dollars [($39,000,000)] ($41,000,000), 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 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 nonpersonal service liabilities incurred by the judiciary from April 1 through May [9] 16, 2010 ......... [39,000,000] 41,000,000 ============== S 6. Section 5 of chapter 20 of the laws of 2010, relating to making appropriations for the support of government, as amended by chapter 68 of the laws of 2010, is amended to read as follows:
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, including contracts approved prior to, on, and after April 1, 2010 for [project] liabilities incurred in the ordinary course of business, during the period April 1 through May [9] 16, 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 .......... ............................. [85,000,000] 105,000,000 ============== S 7. Section 6 of chapter 20 of the laws of 2010, relating to making appropriations for the support of government, as amended by chapter 68 of the laws of 2010, is amended to read as follows: S 6. The [amount] SEVERAL AMOUNTS specified in this section, or so much thereof as shall be sufficient to accomplish the purpose desig- nated, [is] ARE hereby appropriated and authorized to be paid as herein- after provided, to the RESPECTIVE public officers and for the SEVERAL purposes specified, which [amount] AMOUNTS shall be available for the state fiscal year beginning April 1, 2010. AMERICAN RECOVERY AND REINVESTMENT ACT (CCP) ... [80,000,000] 90,000,000 -------------- Federal Capital Projects Fund - 291 American Recovery and Reinvestment Act Purpose The sum of [forty] FIFTY million dollars [($40,000,000)] ($50,000,000), 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 Reinvestment Act of 2009 incurred in the ordinary
course of business from April 1 through May [9] 16, 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 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 appropri- ated herein shall be subject to all applicable reporting and account- ability requirements contained in such act ..... [40,000,000] 50,000,000 ============== The sum of forty million dollars ($40,000,000), 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 forty million dollars ($40,000,000) 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 May [9] 16, 2010 for contracts approved during the period April 1 through May [9] 16, 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 ........... 40,000,000 ============== S 8. Section 7 of chapter 20 of the laws of 2010, relating to making appropriations for the support of government, as amended by chapter 68 of the laws of 2010, is amended to read as follows: 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 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 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 twenty million dollars ($20,000,000) shall be available for the payment of capital projects liabilities, including any contractual services liabilities of the engineering services fund, incurred to address emergency health and safety needs as certified by the director of budget during the period from April 1 through May [9] 16, 2010 FOR CONTRACTS APPROVED PRIOR TO, ON, OR AFTER APRIL 1, 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 ...... 20,000,000 ============== S 9. Section 9 of chapter 47 of the laws of 2010, relating to making appropriations for the support of government, as amended by chapter 68 of the laws of 2010, is amended to read as follows: S 9. The [amount] SEVERAL AMOUNTS specified in this section, or so much thereof as shall be sufficient to accomplish the [purpose] PURPOSES designated, [is] ARE hereby appropriated and authorized to be paid as hereinafter provided, to the RESPECTIVE public officers and for the SEVERAL purposes specified, which [amount] AMOUNTS shall be available for the state fiscal year beginning April 1, 2010. DEPARTMENT OF TRANSPORTATION FEDERAL AID HIGHWAYS FEDERAL PURPOSE ........... [40,000,000] 60,000,000 -------------- Federal Capital Projects Fund - 291 Federal Aid Highways Purpose The sum of forty million dollars ($40,000,000), 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 as provided for in the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users and any successive legislation incurred in the ordinary course of business from April 1 through May [9] 16, 2010, for projects that do not contain any state funding shares, AND FROM APRIL 1 THROUGH APRIL 11, FOR PROJECTS CONTAINING STATE FUNDING SHARES THAT ARE ELIGIBLE TO BE FUNDED BY BOND PROCEEDS, AND ONLY TO THE EXTENT THAT BOND PROCEEDS ARE AVAIL- ABLE, 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 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 not be available for the payment of liabil- ities funded by the American Recovery and Reinvestment Act of 2009 ..... ............................................................. 40,000,000 ============== 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 DURING THE PERIOD FROM APRIL 1 THROUGH MAY 16, 2010 FOR THE PAYMENT BY THE STATE OF THE FEDERAL SHARE OF TRANSPORTATION RELATED CAPITAL PROJECTS LIABILITIES AS PROVIDED FOR
IN THE SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT TRANSPORTATION EQUITY ACT: A LEGACY FOR USERS AND ANY SUCCESSIVE LEGISLATION INCURRED IN THE ORDI- NARY COURSE OF BUSINESS FROM APRIL 1 THROUGH MAY 16, 2010, FOR PROJECTS THAT DO NOT CONTAIN ANY STATE FUNDING SHARES, PURSUANT TO EXISTING STATE LAW AND FOR PURPOSES FOR WHICH THE LEGISLATURE AUTHORIZED THE EXPENDI- TURES 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 ACTIV- ITIES 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. FUNDS APPROPRIATED HEREIN SHALL NOT BE AVAILABLE FOR THE PAYMENT OF LIABILITIES FUNDED BY THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 ....................... 20,000,000 ============== NEW YORK STATE AGENCY FUND (CCP) ............................. 5,000,000 -------------- FIDUCIARY FUNDS/CAPITAL PROJECTS HIGHWAY COSTS IMPROVEMENT ACCOUNTS NON-FEDERAL AIDED HIGHWAY PURPOSE THE SUM OF FIVE MILLION DOLLARS ($5,000,000), 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 OF TRANSPORTATION RELATED CAPITAL PROJECTS LIABILITIES INCURRED BY THE DEPARTMENT OF TRANSPORTATION ON BEHALF OF ENTITIES OTHER THAN STATE DEPARTMENTS OR AGENCIES PURSUANT TO THE HIGHWAY LAW OR TRANSPORTA- TION LAW INCURRED IN THE ORDINARY COURSE OF BUSINESS FROM APRIL 1 THROUGH MAY 16, 2010 ......................................... 5,000,000 ============== S 9-a. The amount specified in this section, or so much thereof as shall be sufficient to accomplish the purpose 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, 2010. DEPARTMENT OF TRANSPORTATION The sum of five million dollars ($5,000,000), 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 state share of transportation related capi- tal projects liabilities including construction inspection, funded by the dedicated highway and bridge trust fund - non-federal aided highway purpose and preparation of plans purpose and/or the New York rebuild and renew New York transportation bond act of 2005 - highway facilities purpose incurred in the ordinary course of business from April 1 through April 11, 2010 only for the shares of projects that are eligible to be funded by bond proceeds, and only to the extent that bond proceeds are available, 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 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 ....... .............................................................. 5,000,000 ============== 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 CHILD HEALTH INSURANCE PROGRAM .............................. 40,000,000 -------------- Special Revenue Funds - Other / Aid to Localities HCRA Resources Fund - 061 Children's Health Insurance Account The money hereby appropriated is available for payment of aid heretofore accrued or hereafter accrued. For services and expenses related to the children's health insurance program authorized pursuant to title 1-A of arti- cle 25 of the public health law ............. 40,000,000 -------------- MEDICAL ASSISTANCE PROGRAM ............................... 1,450,000,000 -------------- General Fund / Aid to Localities Local Assistance Account - 001 For the medical assistance program, exclu- sive of expenses incurred by local districts for administration of the medical assistance program and for medical care rates for authorized child care agen- cies. 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 .......................... 82,000,000 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 .................................... 14,000,000 For services and expenses of the medical assistance program including nursing home services ................................... 148,000,000 For services and expenses of the medical assistance program including other long term care services ......................... 111,000,000 For services and expenses of the medical
assistance program including managed care services ................................... 124,000,000 For services and expenses of the medical assistance program including pharmacy services .................................... 65,000,000 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 ..................................... 3,000,000 For services and expenses of the medical assistance program including non-institu- tional and other spending ................... 32,000,000 -------------- Program account subtotal ................. 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 -------------- Program account subtotal ................. 660,000,000 -------------- 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 amount 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 respective public officers and for the several purposes specified, which amount shall be available for the state fiscal year beginning April 1, 2010. DEPARTMENT OF LABOR UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ..................... 195,000,000 -------------- 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 .................... 195,000,000 -------------- S 12. The amount specified in this section, or so much thereof as shall be sufficient to accomplish the purpose 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, 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 amount specified in this section, or so much thereof as shall be sufficient to accomplish the purpose 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, 2010. DEPARTMENT OF MENTAL HYGIENE OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES COMMUNITY SERVICES PROGRAM ................................... 2,000,000 -------------- General Fund / Aid to Localities Local Assistance Account - 001 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 at the rate of $600 per year on the basis of financial need 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. For services and expenses related to the provision of residential services to the developmentally disabled ..................... 2,000,000 -------------- S 14. 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 15. 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 16. 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. 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 fifteen of this act, the appropri- ations made by this act and subject to such section shall be deemed repealed.

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