S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7277

                            I N  S E N A T E

                             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

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

                                                           LBD12205-03-0

S. 7277                             2

  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

S. 7277                             3

  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

S. 7277                             4

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.

S. 7277                             5

  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
                                                          --------------

S. 7277                             6

  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

S. 7277                             7

  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-

S. 7277                             8

  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

S. 7277                             9

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
                                            --------------

S. 7277                            10

                           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
                                            --------------

S. 7277                            11

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-

S. 7277                            12

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.