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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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| May 10, 2010 |
signed chap.75 delivered to governor returned to senate passed assembly message of necessity - 3 day message message of necessity - appropriation ruling of chair on point of order ruling of chair on point of order ordered to third reading rules cal.40 substituted for a11011 |
| May 10, 2010 |
substituted by s7777 rules report cal.40 reported reported referred to rules referred to ways and means |
Assembly Bill A11011
Signed By Governor2009-2010 Legislative Session
Provides for emergency appropriation for the period April 1, 2010 through May 20, 2010
download bill text pdfSponsored By
There are no sponsors of this bill.
Archive: Last Bill Status Via S7777 - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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-
-
-
Floor Vote: May 10, 2010
aye (32)nay (29)excused (1)
-
May 10, 2010 - Rules Committee Vote
S777713Aye8Nay2Aye with Reservations0Absent0Excused0AbstainedMay 10, 2010 - Finance Committee Vote
S777717Aye12Nay4Aye with Reservations0Absent0Excused0Abstained-
-
Finance Committee Vote: May 10, 2010
aye (17)nay (12)
-
-
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2009-A11011 (ACTIVE) - Details
- See Senate Version of this Bill:
- S7777
- Law Section:
- Budget Bills
- Laws Affected:
- Amd §§2 - 7. Chap 20 of 2010; amd §6, Chap 46 of 2010; amd §9, Chap 47 of 2010
2009-A11011 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12225-03-0
S. 7777 2 A. 11011
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
S. 7777 3 A. 11011
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. 7777 4 A. 11011
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. 7777 5 A. 11011
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
S. 7777 6 A. 11011
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
S. 7777 7 A. 11011
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
S. 7777 8 A. 11011
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
S. 7777 9 A. 11011
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
S. 7777 10 A. 11011
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
S. 7777 11 A. 11011
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
S. 7777 12 A. 11011
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
S. 7777 13 A. 11011
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
S. 7777 14 A. 11011
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
S. 7777 15 A. 11011
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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