Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jun 02, 2010 |
signed chap.106 delivered to governor |
Jun 01, 2010 |
returned to assembly passed senate message of necessity - 3 day message message of necessity - appropriation 3rd reading cal.677 substituted for s8019 |
Jun 01, 2010 |
substituted by a11313 ordered to third reading cal.677 reported and committed to rules referred to finance |
Senate Bill S8019
Signed By Governor2009-2010 Legislative Session
Provides for emergency appropriation for the period April 1, 2010 through June 9, 2010
download bill text pdfSponsored By
There are no sponsors of this bill.
Archive: Last Bill Status Via A11313 - Signed by Governor
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Jun 1, 2010
aye (32)nay (29)excused (1)
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Jun 1, 2010 - Rules Committee Vote
S801913Aye10Nay0Aye with Reservations0Absent0Excused0AbstainedJun 1, 2010 - Finance Committee Vote
S801918Aye15Nay0Aye with Reservations0Absent0Excused0Abstained-
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Finance Committee Vote: Jun 1, 2010
aye (18)
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2009-S8019 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A11313
- Law Section:
- Budget Bills
- Laws Affected:
- Amd §§2 - 7, Chap 20 of 2010; amd §§2-a, Chap 80 of 2010; amd §6, Chap 46 of 2010; amd §9, Chap 47 of 2010; amd §9-a, Chap 75 of 2010; amd §9-b, Chap 90 of 2010
2009-S8019 (ACTIVE) - Sponsor Memo
BILL NUMBER:S8019 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; to amend chapter 47 of the laws of 2010, relating to making appropriations for the support of government; to amend chapter 75 of the laws of 2010, relating to making appropriations for the support of government; to amend chapter 80 of the laws of 2010, relating to making appropriations for the support of government; and to amend chapter 90 of the laws of 2010, relating to making appropriations for the support of government PURPOSE:: This bill provides appropriations to various State departments and agen- cies to permit certain payments due from April 1 to June 6, 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 $253.8 million, for a total appro- priation of $2.07 billion for the personal service payments scheduled to be made to State officers and employees through June 9, 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 disa- bled 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. This section also includes a new provision which extends the expiration dates of the exemption from social worker and other professional licensure require- ments until June 9, 2010. Section 2-a provides a new appropriation in the amount of $27.3 million for the state's contribution to employee benefit fund programs. Section 3 appropriates an additional $22 million, for a total appropri- ation of $21.9 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 $25,000, for a total appropriation of $129,000 to make payments to the Teachers Insurance and Annuity Association/College Retirement Equities Fund. Section 5 appropriates an additional $2 million, for a total appropri- ation of $47 million for nonpersonal service payments by the Judiciary. Section 5 also continues a $4 million appropriation for the Judiciary's Court Facility Incentive Aid Fund. Section 6 appropriates an additional $20 million, for a total appropri- ation of $165 million for nonpersonal service payments by various state agencies including the Legislature. Section 7 provides an additional $10 million, for total funding of $110 million for capital projects funded by the American Recovery and Rein- vestment Act of 2009, as follows: * An additional $10 million, for a total appropriation of $70 million is provided for transportation-related capital construction contracts approved prior to April 1, 2010 to allow payment of liabilities incurred through June 6, 2010. * An appropriation in the amount of $40 million is continued for the approval of new transportation-related capital project construction contracts approved from April 1, 2010 through June 6, 2010. Section 8 provides an additional $65 million, for total funding of $105 million for Capital Projects statewide, as follows: * An additional $5 million, for a total appropriation of $30 million is provided for capital project contract liabilities for emergency health and safety purposes incurred between April 1 and June 6, 2010; and * An additional $60 million, for a total appropriation of $75 million is provided for existing capital project contracts entered into prior to April 1, 2010, for the payment of liabilities incurred between April 1 and May 2, 2010. Section 9 continues $110 million to the Department of Transportation, as follows: * $80 million is continued for the payment of the Federal share of existing transportation capital contracts, excluding liabilities funded by the American Recovery and Reinvestment Act of 2009, but including those which have a State bond-funded share approved prior to April 1, 2010, to allow payment of: --liabilities incurred through June 6, 2010 for projects without" a State funding share; and --liabilities incurred from April 1, 2010 through May 2, 2010 for projects which have a State-bonded funding share. * $20 million is continued for the payment of the Federal share of new transportation capital contracts, approved between the period April 1, 2010 and June 6, 2010, excluding liabilities funded by the American Recovery and Reinvestment Act of 2009, which: --do not contain State funding shares; or --contain both State funding shares that are eligible to be funded by bond proceeds, to the extent such bond proceeds are available, and Federal shares funded by the American Recovery and Reinvestment Act of 2009. * $10 million is continued for the payment of non-State shares of exist- ing and new transportation capital contracts approved prior to, on or after April 1, 2010 and funded through deposits in the Miscellaneous New York State Agency Fund - Highway Costs Improvement Accounts; to allow payment of liabilities incurred through June 6, 2010. Section 9-a adds $5 million, for a total appropriation of $20 million for payment of bond-eligible State shares of existing transportation capital contracts and construction inspection contracts approved prior to April 1, 2010, to allow payment of liabilities incurred from April 1, 2010 through May 2, 2010, only to the extent bond proceeds are avail- able. Section 9-b continues $1 million for payment of bond-eligible State shares of new transportation capital contracts and construction inspection contracts, approved during the period April 1, 2010 through June 6, 2010, which contain Federal shares funded by the American Recov- ery and Reinvestment Act of 2009. Section 9-c appropriates $55.5 million to transit systems from the Mass Transportation Operating Assistance Program. Section 10 appropriates an additional $2.35 billion for payments to providers participating in the Medical Assistance Program; $10 million for the Federal Women, Infants, and Children (WIC) program to pay for food purchases; and $8.3 million for payments for Safe Drinking Water Program Capital Projects funded by the American Recovery and Reinvest- ment Act of 2009. Section 11 provides an additional $195 million to the Department of Labor for Unemployment Insurance benefits to claimants and an additional $5 million in Federal funds for the local area Workforce Investment Act (WIA) youth training and employment programs, Section 12 appropriates $5.006 million to the Department of Environ- mental Conservation for Clean Water Program Capital Projects funded by the American Recovery and Reinvestment Act of 2009. Section 13 prohibits expenditures from all appropriations until certif- icates of approval have been issued by the Director of the Budget and filed with certain State officers. Section 14 requires the Comptroller to transfer any expenditures made against these appropriations to the 2010-11 Budget appropriations after they have become law. Section 15 amends Section 17 of Chapter 80 of the Laws of 2010 (i.e., the effective date clause of the seventh emergency appropriation bill) to provide eligible unionized employees payment of the delayed April 1, 2010 collectively negotiated four percent general salary increase retro- active to April 1, 2010. The appropriation made by Section 2 of this bill is sufficient to accommodate the retroactive payment authorized by this section. 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 trans- fer of expenditures by the Comptroller pursuant to section fifteen 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 June 6, 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 submit- ted 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 depart- ments 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.
2009-S8019 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 8019 A. 11313 S E N A T E - A S S E M B L Y June 1, 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; to amend chapter 47 of the laws of 2010, relating to making appropri- ations for the support of government; to amend chapter 75 of the laws of 2010, relating to making appropriations for the support of govern- ment; to amend chapter 80 of the laws of 2010, relating to making appropriations for the support of government; and to amend chapter 90 of the laws of 2010, relating to 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. Section 2 of chapter 20 of the laws of 2010, relating to making appropriations for the support of government, as amended by chapter 90 of the laws of 2010, is amended to read as follows: S 2. The sum of [one] TWO billion [eight hundred eighteen] SEVENTY-TWO million [three] ONE hundred [six] FIFTY-ONE thousand dollars [($1,818,306,000)] ($2,072,151,000), or so much thereof as shall be sufficient to accomplish the purpose designated, is hereby appropriated EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
LBD12256-03-0 S. 8019 2 A. 11313 and authorized to be paid as hereinafter provided, to the public offi- cers 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 June [3] 9, 2010 to state officers and employees of the execu- tive branch, including the governor, lieu- tenant governor, comptroller and attorney general; to officers and employees of the judiciary; and to officers and employees of the legislature, including payments to the members of the senate and assembly under sections 5 and 5-a of the legisla- tive law; and payments for services performed by mentally ill or develop- mentally disabled persons who are employed in state-operated special employment, work-for-pay or sheltered workshop programs PROVIDED THAT, NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRA- RY, THE EXPIRATION DATES OF THE EXEMPTION FROM LICENSURE REQUIREMENTS AS SET FORTH IN SECTION 9 OF CHAPTER 420 OF THE LAWS OF 2002 AND SECTION 17-A OF CHAPTER 676 OF THE LAWS OF 2002 ARE HEREBY EXTENDED UNTIL JUNE 9, 2010 ............. [1,818,306,000] 2,072,151,000 ============== S 2-a. Section 2-a of chapter 80 of the laws of 2010, relating to making appropriations for the support of government, is amended to read as follows: S 2-a. 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 [purpose] SEVERAL PURPOSES specified, which [amount] AMOUNTS shall be available for the state fiscal year beginning April 1, 2010. GENERAL STATE CHARGES GENERAL STATE CHARGES ....................... [48,400,000] 75,726,000 -------------- General Fund / State Operations State Purposes Account - 003 For the state's contribution to the health insurance fund. The state's share of the health insurance program dividends shall S. 8019 3 A. 11313 be available to pay for the premiums in 2010-11 ....................... 48,400,000 FOR THE STATE'S CONTRIBUTION TO EMPLOYEE BENEFIT FUND PROGRAMS ....................... 27,326,000 -------------- 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 90 of the laws of 2010, is amended to read as follows: S 3. The sum of one hundred [sixty-six] EIGHTY-EIGHT million seven hundred [ninety] FIFTY-ONE thousand dollars [($166,790,000)] ($188,751,000), 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 June [3] 9, 2010, including liabilities incurred prior to April 1, 2010 ......... .............................................. [166,790,000] 188,751,000 ============== 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 90 of the laws of 2010, is amended to read as follows: S 4. The sum of one hundred [four] TWENTY-NINE thousand dollars [($104,000)] ($129,000), 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 .............. ...................................................... [104,000] 129,000 ============== 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 90 of the laws of 2010, is amended to read as follows: S 6. 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. THE JUDICIARY For the payment of state operations nonpersonal service liabilities, the sum of [forty-five] FORTY-SEVEN million dollars [($45,000,000)] ($47,000,000), 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 S. 8019 4 A. 11313 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 31] JUNE 6, 2010 ..... [45,000,000] 47,000,000 ============== The sum of four million dollars ($4,000,000), 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 special revenue funds - other / aid to localities, court facility incentive aid fund - 340 for services and expenses related to court cleaning and minor repairs, interest aid, appellate aid and judicial institute financing payments ..................................................... 4,000,000 ============== 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 90 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 liabilities incurred in the ordinary course of business, during the period April 1 through [May 31] JUNE 6, 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 .......... ............................ [145,000,000] 165,000,000 ============== 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 90 of the laws of 2010, is amended to read as follows: S. 8019 5 A. 11313 S 6. 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. AMERICAN RECOVERY AND REINVESTMENT ACT (CCP) ........................... .............................................[100,000,000] 110,000,000 -------------- Federal Capital Projects Fund - 291 American Recovery and Reinvestment Act Purpose The sum of [sixty] SEVENTY million dollars [($60,000,000)] ($70,000,000), 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 31] JUNE 6, 2010, pursuant to existing state law and for purposes for which the legislature author- ized 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 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 ...................... .................................................[60,000,000] 70,000,000 ============== 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 transpor- tation related 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 31] JUNE 6, 2010 for contracts approved during the period April 1 through [May 31] JUNE 6, 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. Funds appropriated herein shall be subject to all applicable reporting and accountability requirements contained in such act ........... 40,000,000 ============== S. 8019 6 A. 11313 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 90 of the laws of 2010, is amended to read as follows: S 7. 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. ALL STATE DEPARTMENTS AND AGENCIES The sum of [twenty-five] THIRTY million dollars [($25,000,000)] ($30,000,000), 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-five] THIRTY million dollars [($25,000,000)] ($30,000,000) 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 [May 31] JUNE 6, 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 ................. ................................................ [25,000,000] 30,000,000 ============== The sum of [fifteen] SEVENTY-FIVE million dollars [($15,000,000)] ($75,000,000), 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 [fifteen] SEVENTY-FIVE million dollars [($15,000,000)] ($75,000,000) shall be available for the payment of capital projects liabilities incurred during the period from April 1 through [April 11] MAY 2, 2010 for contracts approved prior to 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 ....... ................................................ [15,000,000] 75,000,000 ============== 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 90 of the laws of 2010, is amended to read as follows: S. 8019 7 A. 11313 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. DEPARTMENT OF TRANSPORTATION FEDERAL AID HIGHWAYS FEDERAL PURPOSE ....................... 100,000,000 -------------- Federal Capital Projects Fund - 291 Federal Aid Highways Purpose The sum of eighty million dollars ($80,000,000), 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 31] JUNE 6, 2010, for projects that do not contain any state funding shares, and from April 1 through [April 25] MAY 2, for projects containing state funding shares 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. Funds appropriated herein shall not be available for the payment of liabilities funded by the American Recovery and Rein- vestment Act of 2009 ........................................ 80,000,000 ============== 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 31] JUNE 6, 2010 for the payment by the state of the feder- al share of transportation related capital projects liabilities as provided for in the Safe, Accountable, Flexible, Efficient Transporta- tion Equity Act: A Legacy for Users and any successive legislation incurred in the ordinary course of business from April 1 through [May 31] JUNE 6, 2010, for projects that do not contain any state funding shares or for projects containing both state funding shares that are eligible to be funded by bond proceeds to the extent that such bond proceeds are available and federal shares funded by the American Recov- ery and Reinvestment Act of 2009, 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 S. 8019 8 A. 11313 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 not be avail- able for the payment of liabilities funded by the American Recovery and Reinvestment Act of 2009 .................................... 20,000,000 ============== NEW YORK STATE AGENCY FUND (CCP) ............................ 10,000,000 -------------- Fiduciary Funds/Capital Projects Highway Costs Improvement Accounts Non-Federal Aided Highway Purpose 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 prior to, on or after 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 trans- portation law incurred in the ordinary course of business from April 1 through [May 31] JUNE 6, 2010 ............................... 10,000,000 ============== S 9-a. Section 9-a of chapter 75 of the laws of 2010, relating to making appropriations for the support of government, as amended by chap- ter 90 of the laws of 2010, is amended to read as follows: 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 [fifteen] TWENTY million dollars [($15,000,000)] ($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 state share of transportation related capital 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 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 25] MAY 2, 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 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, S. 8019 9 A. 11313 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 ........... [15,000,000] 20,000,000 ============== S 9-b. Section 9-b of chapter 90 of the laws of 2010, relating to making appropriations for the support of government, is amended to read as follows: S 9-b. 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 one million dollars ($1,000,000), 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, 2010 through [May 31] JUNE 6, 2010, for the payment by the state of the state share of transportation related capital projects liabilities incurred in the ordinary course of business from April 1, 2010 through [May 31] JUNE 6, 2010, 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 rebuild and renew New York transportation bond act of 2005 - highway facilities purpose, only for the shares of projects that are eligible to be funded by bond proceeds, only to the extent that bond proceeds are available, and only for capi- tal projects that contain funding shares from the American Recovery and Reinvestment Act of 2009, 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 ..................................... 1,000,000 ============== S 9-c. The several amounts specified in this section, or so much ther- eof 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 TRANSPORTATION MASS TRANSPORTATION OPERATING ASSISTANCE PROGRAM ............ 55,471,000 -------------- Special Revenue Funds - Other / Aid to Localities Mass Transportation Operating Assistance Fund - 313 S. 8019 10 A. 11313 Metropolitan Mass Transportation Operating Assistance Account Notwithstanding any inconsistent provision of law, the following appropriations are for the payment of mass transportation operating assistance pursuant to section 18-b of the transportation law and section 88-a of the state finance law. To the metropolitan transportation authority for the operating expenses of the New York city transit authority, the Manhattan and Bronx surface transit operating authority, and the Staten Island rapid transit oper- ating authority ............................. 39,668,000 To the metropolitan transportation authority for the operating expenses of the Long Island rail road company and the Metro- North commuter railroad company which include operating expenses for the New York state portion of Harlem, Hudson, Port Jervis, Pascack, and New Haven commuter railroad services regardless of whether such services are provided directly or pursuant to joint service agreements ......... 7,313,000 To the city of New York for the operating expenses of the Staten Island ferry ............ 693,000 To the county of Westchester for the operat- ing expenses thereof incurred for public transportation services, provided within the county directly or under contract .......... 701,000 To the county of Nassau or its sub-grantees for the operating expenses thereof incurred for public transportation services ....................................... 635,000 To the county of Suffolk for operating expenses thereof incurred for public transportation services, provided within the county directly or under contract .......... 231,000 To the city of New York for the operating expenses thereof incurred for public transportation services, provided within the city directly or under contract .......... 1,692,000 To eligible public transportation systems serving primarily within the metropolitan commuter transportation district, as defined in section 1262 of the public authorities law, eligible to receive oper- ating assistance under the provisions of section 18-b of the transportation law for the operating expenses thereof in accord- ance with a service and usage formula to be established by the commissioner of transportation with the approval of the director of the budget ......................... 507,000 -------------- S. 8019 11 A. 11313 Program account subtotal .................. 51,440,000 -------------- Special Revenue Funds - Other / Aid to Localities Mass Transportation Operating Assistance Fund - 313 Public Transportation Systems Operating Assistance Account Notwithstanding any inconsistent provision of law, the following appropriations are for the payment of mass transportation operating assistance pursuant to section 18-b of the transportation law and section 88-a of the state finance law. To the Capital District transportation authority for the operating expenses ther- eof ............................................ 480,000 To the Central New York regional transporta- tion authority for the operating expenses thereof ........................................ 795,000 To the Rochester-Genesee regional transpor- tation authority for the operating expenses thereof ............................... 931,000 To the Niagara Frontier transportation authority for the operating expenses ther- eof .......................................... 1,026,000 To all other public transportation bus systems serving areas outside of the metropolitan commuter transportation district eligible to receive operating assistance under the provisions of section 18-b of the transportation law for the operating expenses thereof in accordance with the service and usage formula to be established by the commissioner of trans- portation with the approval of the direc- tor of the budget .............................. 799,000 -------------- Program account subtotal ................... 4,031,000 -------------- 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 CENTER FOR COMMUNITY HEALTH PROGRAM ......................... 10,000,000 -------------- Special Revenue Funds - Federal / Aid to Localities Federal USDA-Food and Nutrition Services Fund - 261 Federal Food and Nutrition Services Account S. 8019 12 A. 11313 For various federal food and nutritional services. The moneys hereby appropriated shall be available for contracts approved prior to, on, or after April 1, 2010, and for the payment of financial assistance heretofore accrued or hereafter to accrue ... 10,000,000 -------------- MEDICAL ASSISTANCE PROGRAM ............................... 2,350,000,000 -------------- 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 S. 8019 13 A. 11313 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 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 ............... 1,000,000,000 -------------- Special Revenue Funds - Federal / Aid to Localities S. 8019 14 A. 11313 Federal Health, Education and Human Services Fund - 265 Medicaid Direct Account For services and expenses for the medical assistance program, excluding administra- tive expenses, pursuant to title XIX of the federal social security act or its successor program. The moneys hereby appropriated are to be available for payment of aid heretofore accrued to municipalities, and to provid- ers of medical services pursuant to section 367-b of the social services law, and for payment of state aid to munici- palities and to providers of family care where payment systems through the fiscal intermediaries are not operational, and shall be available to the department net of disallowances, refunds, reimbursements, and credits. For services and expenses of the medical assistance program including hospital inpatient services .......................... 90,000,000 For services and expenses of the medical assistance program including hospital outpatient and emergency room services ...... 15,000,000 For services and expenses of the medical assistance program including clinic services .................................... 15,000,000 For services and expenses of the medical assistance program including nursing home services ................................... 163,000,000 For services and expenses of the medical assistance program including other long term care services ......................... 123,000,000 For services and expenses of the medical assistance program including managed care services ................................... 137,000,000 For services and expenses of the medical assistance program including pharmacy services .................................... 72,000,000 For services and expenses of the medical assistance program including transporta- tion services ................................ 6,000,000 For services and expenses of the medical assistance program including dental services ..................................... 4,000,000 For services and expenses of the medical assistance program including non-institu- tional and other spending ................... 35,000,000 For services and expenses of the medical assistance program including medical services provided at state facilities operated by the office of mental health, the office of mental retardation and S. 8019 15 A. 11313 developmental disabilities and the office of alcoholism and substance abuse services ............................................ 500,000,000 -------------- Program account subtotal ............... 1,160,000,000 -------------- Special Revenue Funds - Federal / Aid to Localities Federal Health and Human Services Fund - 265 Medicaid Direct Account For services and expenses of the medical assistance program including hospital inpatient, hospital outpatient and emer- gency room, clinic, nursing home, other long term care, managed care, pharmacy, transportation, dental, non-institutional and other spending, medical services provided at state facilities operated by the office of mental health, the office of mental retardation and developmental disa- bilities and the office of alcoholism and substance abuse services and for any other medical assistance services resulting from an increase in the federal medical assist- ance percentage ............................ 190,000,000 -------------- Program account subtotal ................. 190,000,000 -------------- WATER RESOURCES (CCP) ........................................ 8,300,000 -------------- Federal Capital Projects Fund Water Resources Purpose For federal grants for the safe drinking water revolving fund funded by the Amer- ican recovery and reinvestment act of 2009. Funds appropriated herein shall be available for contracts approved prior to, on, or after April 1, 2010, and for the payment of liabilities here- tofore accrued or hereafter to accrue. Funds appropriated herein shall be subject to all applicable reporting and accountability requirements contained in such act (12FS0957) ........................ 8,300,000 S 11. 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 amount shall be available for the state fiscal year begin- ning April 1, 2010. S. 8019 16 A. 11313 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 -------------- 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 opera- tion, 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 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 ENVIRONMENTAL CONSERVATION Federal Capital Projects Fund Water Resources Purpose The sum of five million six thousand dollars ($5,006,000), or so much thereof as shall be sufficient to accomplish the purpose designated, is hereby appropriated for contracts approved for purposes for which the legislature authorized the expenditures of money during the 2009-2010 fiscal year. An amount up to five million six thousand dollars ($5,006,000) shall be available for the payment by the state of federal capitalization grants for the water pollution control revolving fund, as S. 8019 17 A. 11313 funded by the American Recovery and Reinvestment Act of 2009 incurred in the ordinary course of business during the period from April 1 through June 6, 2010 for contracts approved during the period from April 1 through June 6, 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. Funds appropriated herein shall be subject to all applicable reporting and accountability requirements contained in such act .......................................................... 5,006,000 ============== S 13. 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 14. 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 15. Section 17 of chapter 80 of the laws of 2010, relating to making appropriations for the support of government, is amended to read as follows: 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, provided, however, that the amendments made by section two of this act shall apply to the payroll periods for which payment is made on May 26, 2010, PROVIDED, FURTHER THAT THE AMENDMENTS MADE BY SECTION TWO OF THIS ACT SHALL ALSO APPLY TO THE GENERAL SALARY INCREASE OF FOUR PERCENT SCHEDULED TO BE IMPLEMENTED IN 2010, FOR PAYROLL PERIODS FOR WHICH PAYMENT WAS MADE PRIOR TO MAY 26, 2010. 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 S. 8019 18 A. 11313 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 fourteen of this act, the appropri- ations made by this act and subject to such section shall be deemed repealed.
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