Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jun 21, 2010 |
signed chap.133 delivered to governor returned to assembly passed senate message of necessity - 3 day message message of necessity - appropriation 3rd reading cal.1066 substituted for s8284 |
Jun 21, 2010 |
substituted by a11514 ordered to third reading cal.1066 reported and committed to rules referred to finance |
Senate Bill S8284
Signed By Governor2009-2010 Legislative Session
Provides for emergency appropriation for the period April 1, 2010 through June 28, 2010
download bill text pdfSponsored By
There are no sponsors of this bill.
Archive: Last Bill Status Via A11514 - 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 21, 2010
aye (33)nay (28)excused (1)
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Jun 21, 2010 - Rules Committee Vote
S828413Aye9Nay1Aye with Reservations0Absent0Excused0AbstainedJun 21, 2010 - Finance Committee Vote
S828418Aye13Nay2Aye with Reservations0Absent0Excused0Abstained-
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Finance Committee Vote: Jun 21, 2010
aye (18)nay (13)
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2009-S8284 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A11514
- 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-b & 13, Chap 90 of 2010
2009-S8284 (ACTIVE) - Sponsor Memo
BILL NUMBER:S8284 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 80 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; 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 agencies to permit certain payments due from April 1 to June 27, 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 $262 million, for a total appropriation of $2.4 billion for personal service payments scheduled to be made to State officers and employees through June 2B, 2010, including payments for officers and employees of the Legislature and Judiciary, statewide elected officials and elected members of the Legislature; payments for services performed by mentally ill or developmentally disabled persons who are employed in State-operated special employment, work-for-pay or sheltered workshop programs; and, a,s appropriate, lump sum payments, advances, awards and longevity increases. This Section also includes a provision which extends the expiration dates of the exemption from social worker and other professional licensure requirements until March 31, 2011. Section 2-a appropriates an additional $445.2 million, for a total appropriation of $495,6 million for the State's contribution to the Health Insurance Fund. Section 2-a also continues a $27.3 million appropriation for the State's contribution to employee health benefit programs. Section 3 appropriates a total of $226.9 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 $155,000 to make payments to the Teachers Insurance and Annuity Association/College Retirement Equities Fund. Section 5 appropriates an additional $2 million, for a total appropriation of $53 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 appropriation of $245 million for nonpersonal service payments by various State agencies including the Legislature. Section 7 appropriates an additional $5 million for total funding of $120 million for capital projects funded by the American Recovery and Reinvestment Act of 2009, as follows: * An additional $5 million, for a total appropriation of $80 million is provided for transportation-related capital construction contracts approved prior to April 1, 2010 to allow payment of liabilities incurred through June 27, 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 27, 2010. Section 8 appropriates an additional $100 million for non-emergency projects for a total of $330 million for Capital Projects statewide, as follows: * $30 million for capital project contract liabilities for emergency health and safety purposes incurred from April 1 through June 27, 2010; and * $300 million is provided for the payment of capital projects liabilities incurred on and after April 1, 2010 for contracts originally approved prior to April 1, 2010. This appropriation includes, but is not limited to, funding for transportation liabilities which were heretofore funded by other emergency appropriations referencing the Dedicated Highway and Bridge Trust Fund, and the Rebuild and Renew New York Transportation Bond Act of 2005. Section 9 provides the Department of Transportation: * An additional $35 million, for a total appropriation of $150 million for the payment of the Federal share of existing transportation capital contracts, excluding liabilities funded by the American Recovery and Reinvestment Act of 2009, approved prior to April 1, 2010, to allow payment of liabilities incurred through June 27, 2010; * $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 27, 2010, excluding liabilities funded by the American Recovery and Reinvestment Act of 2009, which: --Do not contain State funding shares unless such State shares are funded by the Consolidated Local Street and Highway Improvement Program and/or the Municipal Streets and Highways Program; 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; and * $10 million is continued for the payment of non-State shares of existing 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 27. 2010. Section 9-a 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 27, 2010, which contain Federal shares funded by the American Recovery and Reinvestment Act of 2009. Section 9-b appropriates $136.6 million to the Department of Transportation fur the payment of downstate and upstate mass transportation operating assistance. Section 9-c appropriates $3.7 million to the Department of Transportation for the payment of operating expenses for public transportation systems through the Dedicated Mass Transportation Trust Fund. Section 10 appropriates an additional $10 million for the Federal Women, Infants and Children (WIC) program to pay for food purchases. Section 11 appropriates $483 million for HCRA financed programs in AIDS institute, Center for Community Health, Office of Long-term Care and Health Care Reform Act Programs. Implementation of these appropriations is contingent upon statutory authorization of a $1.60 increase in the state's cigarette tax, increases in other tobacco product taxes and provisions to enhance enforcement activities regarding the collection of cigarette taxes. Section 12 provides an additional $195 million to the Department of Labor for Unemployment Insurance benefits to claimants. Section 13 appropriates an additional $1 million to the State Education Department to make mandated payments for the 2009-10 school year Excess Cost Aid. It also provides approximately $82.15 million in Lottery Aid due and payable by June 30, based on specific statutory provisions. Section 14 appropriates $60 million to Office of Temporary and Disability Assistance for Supplemental Security Income payments. Section 15 appropriates an additional $245,902,646 to make payments to 12 cities under the Aid and Incentives for Municipalities (AIM) program. These payments are statutorily required to be made on or before June 25. Section 16 appropriates $25,801,000 to make aid payments to the 16 eligible municipalities that host video lottery terminal (VLT) facilities. This appropriation amount reflects the State's liability after the enactment of accompanying Article VII legislation providing for a 10 percent reduction in aid payments to all such municipalities except the city of Yonkers. These payments are statutorily required to be made on or before June 30. Section 17 provides $43.4 million to the City University of New York's (CUNY) community colleges, which represents the remaining State contribution of base operating aid funding for the 2009-10 Academic Year. This section also provides $103.2 million in appropriation authority for CUNY as repayment to New York City for pre-financing the costs of CUNY senior colleges in accordance with section 6221 of education law. This payment would fulfill the State's share of 2009-10 Academic Year costs for the CUNY senior colleges. Section 18 provides a total of $114.5 million representing the final 2009-10 Academic Year payment of $112.5 million for the State's share of base operating aid funding, and $2 million for the State's share of rental aid for the State University of New York's community colleges. Section 19 prohibits expenditures from all appropriations until certificates of approval have been issued by the Director of the Budget and filed with certain State officers. Section 20 requires the Comptroller to transfer any expenditures made against these appropriations to the 2010-11 Budget appropriations after they have become law. Section 21, 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 22 provides that the bill takes effect immediately and is deemed to be in full force and effect on April 1, 2010, and, further, that the appropriations made in the bill will be deemed repealed upon the transfer of expenditures by the Comptroller pursuant to section 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 27, 2010 on a timely basis, in the absence of an enacted budget for State fiscal year 2010-11. BUDGET IMPLICATIONS: Expenditures and disbursements made against these appropriations shall, upon final action by the Legislature on the appropriation bills submitted by the Governor for the. support of government for the State fiscal year beginning April 1, 2010, be transferred by the Comptroller as expenditures and disbursements to such appropriations for State departments and agencies, the Legislature and the Judiciary. Accordingly, this pill will have no additional impact on the State's 2010-11 Financial Plan. EFFECTIVE DATE: Immediately.
2009-S8284 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 8284 A. 11514 S E N A T E - A S S E M B L Y June 21, 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 80 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 appropri- ations for the support of government; to amend chapter 47 of the laws of 2010, relating to making appropriations for the support of govern- ment; 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 110 of the laws of 2010, is amended to read as follows: S 2. The sum of two billion [ninety-six] THREE HUNDRED FIFTY-EIGHT million [eight] SEVEN hundred [twenty-one] FIFTY-SEVEN thousand dollars [($2,096,821,000)] ($2,358,757,000) 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 offi- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12285-02-0
S. 8284 2 A. 11514 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 [20] 28, 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 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 17, 2010] MARCH 31, 2011 ........... .......................... [2,096,821,000] 2,358,757,000 ============== S 2-a. Section 2-a of chapter 80 of the laws of 2010, relating to making appropriations for the support of government, as amended by chap- ter 108 of the laws of 2010, is amended to read as follows: S 2-a. 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. GENERAL STATE CHARGES GENERAL STATE CHARGES ......................... [77,726,000] 522,926,000 -------------- 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. 8284 3 A. 11514 be available to pay for the premiums in 2010-11. Notwithstanding section 167-a of the civil service law, effective April 1, 2010 upon exclusion from the coverage of the health insurance plan of supplementary medical insurance benefits for which an active or retired employee or a dependent covered by the health insurance plan is or would be eligible under the federal old-age, survi- vors and disability insurance program, an amount equal to the premium charge for such supplementary medical insurance benefits for such active or retired employee and his or her dependents, if any, shall be paid monthly or at other intervals to such active or retired employee from the health insurance fund. Where appropriate, such amount may be deducted from contributions payable by the employee or retired employee; or where appropriate in the case of a retired employee receiving a retirement allowance, such amount may be included with payments of his or her retirement allowance. Notwithstanding section 167-a of the civil service law, effective April 1, 2010, all state employer, employee, retired employee and dependent contributions to the health insurance fund shall be adjusted as neces- sary to cover the cost of reimbursing federal old-age, survivors, and disability insurance program premium charges made pursuant to section 167-a of the civil service law. Furthermore, this cost shall be included in the calculation of premium or subscription charges for health cover- age provided to state employees and retired state employees, provided, howev- er, the state shall remain obligated to pay no less than its share of such increased cost consistent with its share of premium or subscription charges provided for by article 11 of the civil service law. As such, all other employer contributions to the health insurance fund shall be adjusted as necessary to provide for such payments ........... [50,400,000] 495,600,000 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 110 of the laws of 2010, is amended to read as follows: S. 8284 4 A. 11514 S 3. The sum of two hundred [four] TWENTY-SIX million eight hundred [sixty-two] SEVENTY-SIX thousand dollars [($204,862,000)] ($226,876,000), 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 [20] 28, 2010, including liabilities incurred prior to April 1, 2010 ... .............................................. [204,862,000] 226,876,000 ============== 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 108 of the laws of 2010, is amended to read as follows: S 4. The sum of one hundred [thirty] FIFTY-FIVE thousand dollars [($130,000)] ($155,000), 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 .............. ...................................................... [130,000] 155,000 ============== 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 110 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 [fifty-one] FIFTY-THREE million dollars [($51,000,000)] ($53,000,000), 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 June [20] 27, 2010 ........ [51,000,000] 53,000,000 ============== 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 S. 8284 5 A. 11514 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 110 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 June [20] 27, 2010, pursu- ant to existing state law and for purposes for which the legislature authorized 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 authori- ty 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 appro- priations made for the 2009-2010 state fiscal year shall have ceased to have force and effect ........... [225,000,000] 245,000,000 ============== 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 110 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. AMERICAN RECOVERY AND REINVESTMENT ACT (CCP) ........................... ............................................ [115,000,000] 120,000,000 -------------- S. 8284 6 A. 11514 Federal Capital Projects Fund - 291 American Recovery and Reinvestment Act Purpose The sum of [seventy-five] EIGHTY million dollars [($75,000,000)] ($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 funded by the American Recovery and Reinvestment Act of 2009 incurred in the ordinary course of business from April 1 through June [20] 27, 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 ..... [75,000,000] 80,000,000 ============== 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 June [20] 27, 2010 for contracts approved during the period April 1 through June [20] 27, 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 110 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 S. 8284 7 A. 11514 The sum of thirty million dollars ($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 thirty million dollars ($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 emergency health and safety needs as certified by the director of budget during the period from April 1 through June [20] 27, 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 ...... 30,000,000 ============== The sum of [two] THREE hundred million dollars [($200,000,000)] ($300,000,000), 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 [two] THREE hundred million dollars [($200,000,000)] ($300,000,000) shall be available for the payment of all facets of capital projects liabilities incurred on and after April 1, 2010 for contracts originally 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 ....... .............................................. [200,000,000] 300,000,000 ============== 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 110 of the laws of 2010, is amended to read as follows: 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 ......... [135,000,000] 170,000,000 -------------- Federal Capital Projects Fund - 291 Federal Aid Highways Purpose S. 8284 8 A. 11514 The sum of one hundred [fifteen] FIFTY million dollars [($115,000,000] ($150,000,000), 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 ordi- nary course of business from April 1 through June [20] 27, 2010, pursu- ant 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 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 not be available for the payment of liabil- ities funded by the American Recovery and Reinvestment Act of 2009 ..... .............................................. [115,000,000] 150,000,000 ============== 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 June [20] 27, 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 June [20] 27, 2010, for projects that do not contain any state funding shares unless such state shares are funded by the consolidated local street and highway improve- ment program and/or the municipal streets and highway program, 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 avail- able and federal shares funded by 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 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 ........................................ 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 S. 8284 9 A. 11514 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 June [20] 27, 2010 .................................. 10,000,000 ============== S 9-a. Section 9-b of chapter 90 of the laws of 2010, relating to making appropriations for the support of government, as amended by chap- ter 110 of the laws of 2010, 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 June [20] 27, 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 June [20] 27, 2010, including construction inspection, funded by the dedicated highway and bridge trust fund - non-federal aided highway purpose and prepara- tion of plans purpose and/or the rebuild and renew New York transporta- tion 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 capital 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 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 ........................................ 1,000,000 ============== S 9-b. The several amounts specified in this section, or so much ther- eof as shall be sufficient to accomplish the several purposes desig- nated, 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. S. 8284 10 A. 11514 DEPARTMENT OF TRANSPORTATION MASS TRANSPORTATION OPERATING ASSISTANCE FUND PROGRAM ...... 136,571,500 -------------- Special Revenue Funds - Other / Aid to Localities Mass Transportation Operating Assistance Fund - 313 Metropolitan Mass Transportation Operating Assistance Account Notwithstanding any inconsistent provision of law, the following appropriations are for payment of mass transportation operat- ing assistance provided that payments from this appropriation shall be made pursuant to a financial plan approved by the direc- tor of the budget. 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 ............................. 50,000,000 To the metropolitan transportation authority for the operating expenses of the Long Island rail road company and the Metro- North commuter railroad company which includes the New York state portion of Harlem, Hudson, Port Jervis, Pascack, and the New Haven commuter railroad services regardless of whether the services are provided directly or pursuant to joint service agreements .......................... 50,000,000 To Rockland county for a trans-Hudson bus service to be provided pursuant to a contract between Rockland county and Metro-North commuter railroad .................. 322,500 To the city of New York for the operating expenses of the Staten Island ferry notwithstanding any other provisions of law .......................................... 2,797,500 To the county of Westchester for the operat- ing expenses thereof incurred for public transportation services, provided within the county directly or under contract ........ 4,927,500 To the county of Nassau or its sub-grantees for the operating expenses thereof incurred for public transportation services ..................................... 5,529,500 To the county of Suffolk for operating expenses thereof incurred for public transportation services, provided within the county directly or under contract ........ 2,368,000 To the city of New York for the operating expenses thereof incurred for public S. 8284 11 A. 11514 transportation services, provided within the city directly or under contract .......... 7,556,000 To all other 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 ....................... 2,794,000 -------------- Program account subtotal ................. 126,295,000 -------------- 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 payment of mass transportation operat- ing assistance provided that payments from this appropriation shall be made pursuant to a financial plan approved by the direc- tor of the budget. To the Capital District transportation authority for the operating expenses ther- eof .......................................... 1,511,000 To the Central New York regional transporta- tion authority for the operating expenses thereof ...................................... 1,457,500 To the Rochester-Genesee regional transpor- tation authority for the operating expenses thereof ............................. 1,652,500 To the Niagara Frontier transportation authority for the operating expenses ther- eof .......................................... 2,964,000 To all other public transportation bus systems serving primarily 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 ............................ 2,691,500 -------------- Program account subtotal .................. 10,276,500 -------------- S. 8284 12 A. 11514 S 9-c. The several amounts specified in this section, or so much ther- eof as shall be sufficient to accomplish the several purposes desig- nated, is 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 MASS TRANSPORTATION AND RAIL FREIGHT (CCP) Special Revenue Funds - Other Dedicated Mass Transportation Trust Fund - 073 Non-MTA Capital Purpose For the payment of operating expenses for public transportation systems eligible to receive operating assistance under the provisions of section 18-b of the transportation law in accordance with the schedule below (17020929) .............. 3,685,000 SCHEDULE To the Capital District transportation authority for the operating expenses thereof ...................................... 760,000 To the Central New York regional transpor- tation authority for the operating expenses thereof ............................. 668,000 To the Rochester-Genesee regional trans- portation authority for the operating expenses thereof ............................. 732,500 To the Niagara Frontier Regional Transpor- tation Authority for the operating expenses thereof ............................. 946,500 To all other public transportation bus systems serving primarily areas outside of the metropolitan transportation commuter district eligible to receive operating assistance under the provisions of section 18-b of the trans- portation law for the operating expenses thereof in accordance with the service and usage formula to be established by the commissioner of transportation with the approval of the director of the budget ....................................... 578,000 -------------- Total of schedule .......................... 3,685,000 ============== S 10. 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 S. 8284 13 A. 11514 respective public officers and for the purpose specified, which amount shall be available for the state fiscal year beginning 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 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 -------------- Program account subtotal .................. 10,000,000 -------------- S 11. The several amounts specified in this section, or so much there- of as shall be sufficient to accomplish the purposes designated, is hereby appropriated and authorized to be paid as hereinafter provided, to the public officers and for the several purposes specified, which amount shall be available for the state fiscal year beginning April 1, 2010. DEPARTMENT OF HEALTH AIDS INSTITUTE PROGRAM ...................................... 68,534,850 -------------- Special Revenue Funds - Other / Aid to Localities HCRA Resources Fund - 061 Health Care Services Account Notwithstanding any provision of law to the contrary, the appropriations in the following schedule shall not be available for expenditure until enactment of a chap- ter of the laws of 2010 that: increases the rate of tax imposed on each twenty cigarettes or fraction thereof by one dollar and sixty cents, effective July 1, 2010; increases the tobacco product tax to 75 percent of the wholesale price, increases the tax on snuff products by one dollar and four cents per ounce, creates a new category under the tobacco products tax of little cigars taxed at an equiv- alent rate to cigarettes, effective August 1, 2010; and enacts certain provisions regarding the collection and payment of S. 8284 14 A. 11514 cigarette taxes and the enforcement there- of. For grants to existing community service programs, as deemed appropriate by the department of health, including but not limited to community based organizations and other organizations providing special- ized AIDS-related services targeted to minority and other high-risk populations. To ensure organizational viability, agency administration may be supported subject to review and approval of the commissioner of health. Up to $125,000 may be transferred to the general fund - state purposes account for the administration of this program. Notwithstanding any provision of law to the contrary, the commissioner of health shall be authorized to continue contracts with community service programs, multi-service agencies and community development initiatives for all such contracts which were executed on or before March 31, 2010, without any additional requirements that such contracts be subject to competitive bidding or a request for proposals process ............... 18,053,000 For grants to existing community service programs to meet the increased demands for HIV education, prevention, outreach, legal and supportive services to high-risk groups and to address increased operating costs of these programs. To ensure organ- izational viability, agency administration may be supported subject to review and approval of the commissioner of health. Notwithstanding any provision of law to the contrary, the commissioner of health shall be authorized to continue contracts with community service programs, multiservice agencies and community development initi- atives for all such contracts which were executed on or before March 31, 2010, without any additional requirements that such contracts be subject to competitive bidding or a request for proposals process .............................................. 4,214,850 For additional grants to existing community service programs to meet the increased demands for HIV education, prevention, outreach, legal and supportive services to high-risk groups and to address increased operating costs of these programs. To ensure organizational viability, agency administration may be supported subject to review and approval of the commissioner of health. Notwithstanding any provision of S. 8284 15 A. 11514 law to the contrary, the commissioner of health shall be authorized to continue contracts with community service programs, multi-service agencies and community development initiatives for all such contracts which were executed on or before March 31, 2010, without any additional requirements that such contracts be subject to competitive bidding or a request for proposals process .................. 783,000 For services and expenses related to the operation of the Cornell university parent HIV/AIDS education project to provide educational workshops for parents in Nassau county, and to enhance the project in Suffolk county ............................... 74,000 For services and expenses of the Long Island association for AIDS care to conduct a study to (1) identify the medical and social services gaps for children orphaned by AIDS on Long Island, as well as strate- gies to link families with AIDS with community services in order to plan for future care needs of their children, and (2) develop innovative comprehensive model service programs for such children .............. 49,000 For grants to county health departments for HIV-related public health activities in rural underserved counties and counties with the most rapid increases in HIV inci- dence .......................................... 294,000 For services and expenses of the AIDS insti- tute related to training and education activities and continuum of care initi- atives ....................................... 2,147,000 For services and expenses of a pilot surveillance project for investigation of reported AIDS cases by county health departments as authorized by the commis- sioner of health ................................ 88,000 For grants to community based organizations for the provision of services to parolees and their families. Up to $730,000 of this appropriation may be transferred to the general fund - state purposes account for administration of this program ............... 1,041,000 For HIV counseling and testing services in facilities operated by the New York state department of correctional services. All or part of this appropriation may be transferred to the general fund - state purposes account for administration of this program ................................... 854,000 For grants for the provision of outreach and case management services to high-risk women and children ........................... 1,267,000 S. 8284 16 A. 11514 For services and expenses related to the provision of outreach and education to low-income and minority communities concerning the availability of and access to clinical drug trials ......................... 98,000 For services and expenses related to the care and service needs of children, adolescents and families with the HIV disease ...................................... 1,693,000 For grants for the provision of comprehen- sive HIV prevention and health care services to high-risk adolescents and young adults. Up to 5 percent of this appropriation may be transferred to the general fund - state purposes account for the administration of this program, provided ..................................... 2,139,000 For grants for housing, supported housing and referral services for homeless persons with HIV/AIDS and their families, includ- ing those with tuberculosis or if warranted those with tuberculosis only, in areas as determined by data collected by the department of health ..................... 2,303,000 For grants for the provision of HIV prevention and primary care services to high-risk populations in community health centers and substance abuse programs, provided ....................................... 662,000 For grants to community based organizations for HIV prevention and outreach efforts targeted to substance abusers .................. 461,000 For services and expenses related to educa- tion and prevention services and for nutritional services including individuals homebound with AIDS or in an adult day care or home care setting .................... 4,306,000 For grants to community based organizations to support permanency planning and support services for families affected by HIV. Up to 5 percent of this appropriation may be transferred to the general fund - state purposes account for the administration of this program ................................... 921,000 For grants to community based organizations and for services and expenses of the AIDS institute related to the provision of HIV education and prevention services. Up to 10 percent of this appropriation may be transferred to the general fund - state purposes account for administration of this program ................................... 691,000 For services and expenses of surveillance projects for investigation of reported AIDS cases, including seroprevalence S. 8284 17 A. 11514 studies, as authorized by the commissioner of health ...................................... 323,000 For provision of comprehensive HIV outreach and prevention services to adolescents and women .......................................... 921,000 For state aid to municipalities pursuant to article 6 of the public health law or for grants to counties and local health departments for an HIV surveillance and partner notification program ................. 3,777,000 For services and expenses of the medical society of the state of New York for a peer educational program for physicians regarding the testing and reporting of individuals who are infected with HIV ........... 98,000 For grants for AIDS prevention and education and AIDS related services to existing community based organizations, as deemed appropriate by the department of health and to article 28 of the public health law diagnostic and treatment centers. For the purposes of this program, eligible organ- izations must (1) operate in a neighbor- hood or geographic area with high concen- trations of at risk populations; and (2) provide services and programs that are culturally sensitive to the special social and cultural needs of the at risk popu- lations. To ensure organizational viabil- ity, agency administration may be supported subject to review and approval of the commissioner of health. Notwith- standing any provision of law to the contrary, the commissioner of health shall be authorized to continue contracts with community service programs, multi-service agencies and community development initi- atives for all such contracts which were executed on or before March 31, 2010, without any additional requirements that such contracts be subject to competitive bidding or a request for proposals process ............................................. 10,810,000 For additional grants to existing community based organizations and to article 28 of the public health law diagnostic and treatment centers that must operate in a neighborhood or geographic area with high concentrations of at risk populations and provide services and programs that are culturally sensitive to the special social and cultural needs of the at risk popu- lations. Such grants shall be used to meet the increased demands for HIV education, prevention, outreach, and legal programs. S. 8284 18 A. 11514 To ensure organizational viability, agency administration may be supported subject to review and approval of the commissioner of health. Notwithstanding any provision of law to the contrary, the commissioner of health shall be authorized to continue contracts with community service programs, multi-service agencies and community development initiatives for all such contracts which were executed on or before March 31, 2010, without any additional requirements that such contracts be subject to competitive bidding or a request for proposals process .................. 783,000 For grants for the provision of primary health care services in drug treatment programs. Up to $800,000 of this appropri- ation can be used for services targeted to substance abusers at risk of becoming intravenous drug users. Up to 5 percent of this appropriation may be transferred to the general fund - state purposes account for the administration of this program ....... 2,456,000 For services and expenses relating to the provision of HIV counseling and testing by family planning clinics and prenatal care assistance programs to the extent that reimbursement through medical assistance is not available. These funds shall not be used by the department for any costs directly related to the processing of tests ........................................ 3,180,000 For grants for the development of women's HIV clinics to provide comprehensive obstetrical/gynecological services and for grants to health care facilities and community organizations for the provisions of primary care, subspecialty care and supportive services to HIV-infected women and children in underserved, high seropre- valence areas. Up to 5 percent of this appropriation may be transferred to the general fund - state purposes account for the administration of this program, provided ..................................... 1,192,000 For services and expenses related to the special program for HIV services for infants and pregnant women established pursuant to section 71 of chapter 731 of the laws of 1993. Such programs may provide continuing services to high-risk and HIV-positive women and children, provided ..................................... 1,382,000 For services and expenses associated with the HIV clinical education initiative program ...................................... 1,474,000 S. 8284 19 A. 11514 -------------- Program account subtotal .................. 68,534,850 -------------- CENTER FOR COMMUNITY HEALTH PROGRAM ......................... 53,455,000 -------------- Special Revenue Funds - Other / Aid to Localities HCRA Resources Fund - 061 Health Care Services Account Notwithstanding any provision of law to the contrary, the appropriations in the following schedule shall not be available for expenditure until enactment of a chap- ter of the laws of 2010 that: increases the rate of tax imposed on each twenty cigarettes or fraction thereof by one dollar and sixty cents, effective July 1, 2010; increases the tobacco product tax to 75 percent of the wholesale price, increases the tax on snuff products by one dollar and four cents per ounce, creates a new category under the tobacco products tax of little cigars taxed at an equiv- alent rate to cigarettes, effective August 1, 2010; and enacts certain provisions regarding the collection and payment of cigarette taxes and the enforcement there- of. For services and expenses of a statewide public health campaign for tuberculosis control and prevention and for screening and education activities regarding sexual- ly transmitted diseases, provided that any funds allocated under this appropriation shall not supplant existing local funds or state funds allocated to county health departments under article 6 of the public health law. Up to $300,000 of this appro- priation may be transferred to state oper- ations for the administration of this program by the department of health .......... 5,917,000 For services and expenses related to the Indian health program. The moneys hereby appropriated shall be for payment of financial assistance heretofore accrued or hereafter to accrue. Up to 2.5 percent of this appropriation may be transferred to the general fund-state purposes account for the nonpersonal service administration of this program ............................. 16,121,000 State aid to municipalities for medical services for the rehabilitation of phys- ically handicapped children, pursuant to article 6 of the public health law ........... 3,685,000 S. 8284 20 A. 11514 For services and expenses for a school health program ............................... 3,981,000 For services and expenses of the prenatal care assistance program. Up to 100 percent of this appropriation may be suballocated to the medical assistance program general fund - local assistance account to be matched by federal funds ..................... 2,432,000 For services and expenses of the maternity and early childhood foundation ................. 599,000 For services and expenses related to tobacco enforcement, education and related activ- ities, pursuant to chapter 433 of the laws of 1997. Of amounts appropriated herein, up to $500,000 may be used for educational programs. A portion of this appropriation may be transferred to state operations ....... 2,303,000 For services and expenses related to evidenced based cancer services programs. A portion of this appropriation may be transferred to state operations appropri- ations for administration of this program ... 18,417,000 -------------- Program account subtotal .................. 53,455,000 -------------- OFFICE OF LONG TERM CARE ..................................... 4,311,700 -------------- Special Revenue Fund - Other / Aid to Localities HCRA Resources Fund - 061 Health Services Account Notwithstanding any provision of law to the contrary, the appropriations in the following schedule shall not be available for expenditure until enactment of a chap- ter of the laws of 2010 that: increases the rate of tax imposed on each twenty cigarettes or fraction thereof by one dollar and sixty cents, effective July 1, 2010; increases the tobacco product tax to 75 percent of the wholesale price, increases the tax on snuff products by one dollar and four cents per ounce, creates a new category under the tobacco products tax of little cigars taxed at an equiv- alent rate to cigarettes, effective August 1, 2010; and enacts certain provisions regarding the collection and payment of cigarette taxes and the enforcement there- of. For services and expenses of a quality program for adult care facilities, includ- ing enriched housing facilities. S. 8284 21 A. 11514 Such program shall be targeted at improving the quality of life for adult care facili- ty residents. The department subject to the approval of the director of the divi- sion of budget, shall develop an allo- cation methodology taking into account financial status of the facility as well as resident needs. Such allocation shall serve as the basis of distribution to eligible facilities .......................... 4,311,700 -------------- Program account subtotal ................... 4,311,700 -------------- HEALTH CARE REFORM ACT PROGRAM ............................. 357,136,000 -------------- Special Revenue Funds - Other / Aid to Localities HCRA Resources Fund - 061 HCRA Program Account Notwithstanding any provision of law to the contrary, the appropriations in the following schedule shall not be available for expenditure until enactment of a chap- ter of the laws of 2010 that: increases the rate of tax imposed on each twenty cigarettes or fraction thereof by one dollar and sixty cents, effective July 1, 2010; increases the tobacco product tax to 75 percent of the wholesale price, increases the tax on snuff products by one dollar and four cents per ounce, creates a new category under the tobacco products tax of little cigars taxed at an equiv- alent rate to cigarettes, effective August 1, 2010; and enacts certain provisions regarding the collection and payment of cigarette taxes and the enforcement there- of. For services, expenses, grants and transfers necessary to implement the health care reform act program in accordance with section 2807-j, 2807-k, 2807-l, 2807-m, 2807-p, 2807-s and 2807-v of the public health law. The moneys hereby appropriated shall be available for payments heretofore accrued or hereafter to accrue. Notwith- standing any inconsistent provision of law, the moneys hereby appropriated may be increased or decreased by interchange or transfer with any appropriation of the department of health or by transfer or suballocation to any appropriation of the department of insurance, the office of mental health and the state office for the S. 8284 22 A. 11514 aging subject to 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. With the approval of the director of the budget, up to 5 percent of this appropriation may be used for state operations purposes. At the direction of the director of the budget, funds may also be transferred directly to the general fund for the purpose of repaying a draw on the tobacco revenue guarantee fund. For services and expenses of the empire clinical research investigator program (ECRIP) ...................................... 9,120,000 For services and expenses of the New York state area health education center program .............................................. 2,500,000 For services and expenses of the ambulatory care training program pursuant to subdivi- sion 5-a of section 2807-m of the public health law ................................... 4,300,000 For services and expenses of the physician loan repayment program pursuant to subdi- vision 5-a of section 2807-m of the public health law. All or part of this appropri- ation may be suballocated to the NYS high- er education services corporation ............ 1,700,000 For services and expenses of the physician practice support program pursuant to subdivision 5-a of section 2807-m of the public health law ............................ 4,300,000 For services and expenses related to physi- cian workforce studies pursuant to subdi- vision 5-a of section 2807-m of the public health law ..................................... 516,000 For services and expenses of the diversity in medicine/post-baccalaureate program pursuant to subdivision 5-a of section 2807-m of the public health law .............. 1,700,000 For transfer to Roswell park cancer insti- tute corporation ............................ 71,600,000 For transfer to health research incorporated (HRI) for the AIDS drug assistance program ............................................. 42,300,000 For state grants for the health workforce retraining program. Notwithstanding section 2807-g of the public health law, or any other provision of law to the contrary, funds hereby appropriated may be made available to other state agencies and facilities operated by the department of health for services and expenses related to the worker retraining program as S. 8284 23 A. 11514 disbursed pursuant to section 2807-g of the public health law. Provided, however, that the director of the budget must approve the release of any request for proposal or request for application or any other procurement initiatives issued on or after April 1, 2007. Further provided that any contract executed on or after April 1, 2007 must receive the prior approval of the director of the budget. A portion of this appropriation may be transferred to state operations appropriations ............. 28,400,000 For services and expenses related to the tobacco use prevention and control program including grants to support cancer research. A portion of this appropriation may be transferred to state operations appropriations .............................. 57,100,000 For transfer to the Roswell park cancer institute to support operating costs asso- ciated with cancer research .................. 6,000,000 For state grants for rural health care access development ........................... 9,800,000 For state grants for rural health network development .................................. 6,400,000 For services and expenses, including grants, related to emergency assistance distrib- utions as designated by the commissioner of health. Notwithstanding section 112 or 163 of the state finance law or any other contrary provision of law, such distrib- utions shall be limited to providers or programs where, as determined by the commissioner of health, emergency assist- ance is vital to protect the life or safe- ty of patients, to ensure the retention of facility caregivers or other staff, or in instances where health facility operations are jeopardized, or where the public health is jeopardized or other emergency situations exist ............................. 2,900,000 For transfer to the pool administrator for distributions related to school based health clinics ............................... 5,600,000 For services and expenses related to audit- ing or payment of audit contracts to determine payor and provider compliance requirements. All or a portion of this appropriation may be transferred to state operations appropriations ................... 14,700,000 For services and expenses related to audit- ing or payment of audit contracts to determine hospital compliance with para- graph 6 of subdivision (a) of section 405.4 of title 10, NYCRR. All or a portion S. 8284 24 A. 11514 of this appropriation may be transferred to state operations appropriations ........... 2,500,000 For transfer to the pool administrator for state grants for poison control centers. A portion of this appropriation may be transferred to state operations appropri- ations ....................................... 2,500,000 For services and expenses related to the pool administration. All or a portion of this appropriation may be transferred to state operations appropriations .............. 4,200,000 For additional state grants to improve access to infertility services, treat- ments, and procedures ........................ 2,200,000 For services and expenses related to school based health centers. The total amount of funds provided herein shall be distributed to school-based health center providers based on the ratio of each provider's total enrollment for all sites to the total enrollment of all providers. This formula shall be applied to the total amount made available herein, provided, however, that notwithstanding any contrary provision of law, the commissioner of health may establish minimum and maximum awards for providers ......................... 2,800,000 For payments for uncompensated care to eligible voluntary non-profit diagnostic and treatment centers ....................... 54,400,000 For transfer to the dormitory authority of the state of New York for the health facility restructuring program .............. 19,600,000 -------------- Program account subtotal ................. 357,136,000 -------------- 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 LABOR UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ..................... 195,000,000 -------------- Enterprise Funds / State Operations Unemployment Insurance Benefit Fund - 481 For payment of unemployment insurance bene- fits pursuant to article 18 of the labor law or as authorized by the Federal government through the disaster unemploy- ment assistance program .................... 195,000,000 -------------- S. 8284 25 A. 11514 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. EDUCATION DEPARTMENT ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION PROGRAM ................................................... 83,150,000 -------------- General Fund / Aid to Localities Local Assistance Account - 001 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 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 to the state fiscal year beginning April 1, 2010 for the 2009-2010 school year for support for excess cost aid payments ......... 1,000,000 -------------- Special Revenue Funds - Other / Aid to Localities State Lottery Fund - 160 The sum of eighty-two million one hundred fifty thousand dollars ($82,150,000), 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 state lottery fund. The comptroller is hereby authorized and directed to utilize this appropriation for the purposes of making statutorily required June payments to school districts on or before June 30, 2010 pursuant to chapter 88 of the laws of 2000, chapter 375 of the laws of 2000, section 88 of Part C of chap- ter 57 of the laws of 2004, section 90 of Part C of chapter 57 of the laws of 2004, chapter 626 of the laws of 2004, chapter 421 of the laws of 2005, chapter 465 of the laws of 2005, chapter 749 of the laws of 2005, and chapter 265 of the laws of 2007 ................... 82,150,000 -------------- S 14. 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 respective 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 STATE OPERATIONS AND AID TO LOCALITIES 2010-11 EMPLOYMENT AND ECONOMIC SUPPORT PROGRAM ..................... 60,000,000 -------------- S. 8284 26 A. 11514 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 15. Section 13 of chapter 90 of the laws of 2010, relating to making appropriations for the support of government, is amended to read as follows: 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. LOCAL GOVERNMENT ASSISTANCE AID AND INCENTIVES FOR MUNICIPALITIES ....... [11,138,869] 257,041,515 -------------- General Fund / Aid to Localities Local Assistance Account - 001 For payment to local governments under the aid and incentives for municipalities program pursuant to section 54 of the state finance law in accordance with the following: For base level grants to municipalities .... ............................. [11,138,869] 257,041,515 [Notwithstanding any provision of law to the contrary, moneys paid pursuant to this appropriation shall be due and payable on or before June 25, 2010 within amounts appropriated therefor.] S 16. 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 purposes specified, which amount shall be available for the state fiscal year beginning April 1, 2010. LOCAL GOVERNMENT ASSISTANCE AID TO MUNICIPALITIES WITH VIDEO LOTTERY GAMING FACILITIES .. 25,801,000 -------------- General Fund / Aid to Localities Local Assistance Account - 001 S. 8284 27 A. 11514 For payment of aid to eligible cities and eligible municipalities in which a video lottery gaming facility is located pursu- ant to section 54-l of the state finance law. Within the amount appropriated here- in, $19,600,000 shall be available for payment to the city of Yonkers pursuant to section 54-l of the state finance law no earlier than April 1, 2011 and no later than June 30, 2011 on audit and warrant of the state comptroller notwithstanding any provision of law to the contrary including any contrary provision of section 40 or section 54-l of the state finance law. Such payment shall constitute complete liquidation of that state's obligation to the city under section 54-l of the state finance law for the state fiscal year commencing on April 1, 2011 ................. 25,801,000 -------------- S 17. 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 public officers and for the several purposes specified, which amounts shall be available for the state fiscal year beginning April 1, 2010. CITY UNIVERSITY OF NEW YORK CITY UNIVERSITY -- COMMUNITY COLLEGES ....................... 43,434,000 -------------- General Fund / Aid to Localities Local Assistance Account - 001 The sum of forty-three million four hundred thirty-four thousand dollars ($43,434,000), or so much thereof as shall be sufficient to accomplish the purpose designated, is hereby appropriated to the city university of New York 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 appropri- ation for the purpose of repaying the city of New York for advances made for the State share of operating expenses of city university of New York community colleges .......................................... 43,434,000 -------------- CITY UNIVERSITY -- SENIOR COLLEGES ......................... 103,216,000 -------------- General Fund / Aid to Localities Local Assistance Account - 001 The sum of one hundred three million two hundred sixteen thousand dollars ($103,216,000), or so much thereof as shall be sufficient to accomplish the purpose designated, is hereby appropriated to the city S. 8284 28 A. 11514 university of New York 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 appropri- ation for the purpose of repaying the city of New York for advances made for the State share of operating expenses of city university of New York senior colleges ............................................ 103,216,000 -------------- S 18. 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 public officers and for the several purposes specified, which amount shall be available for the state fiscal year beginning April 1, 2010. STATE UNIVERSITY OF NEW YORK COMMUNITY COLLEGE OPERATING ASSISTANCE ..................... 114,489,422 -------------- General Fund / Aid to Localities Local Assistance Account - 001 Notwithstanding articles 5-a and 15 of section 355 of education law, for state financial assistance, net of disallow- ances, for operating expenses, including funds required to reimburse base aid costs for the 2009-10 and 2010-11 academic years, pursuant to regulations developed jointly with the city university trustees and approved by the director of the budg- et, and subject to the availability of appropriations therefor. Notwithstanding any other law, rule, or regulation to the contrary, full funding for aidable community college enrollment for the college fiscal years 2010-11 and thereafter as provided under this appro- priation is determined by the operating aid formulas defined in rules and regu- lations developed jointly by the boards of trustees of the state and city universi- ties and approved by the director of the budget provided that local sponsors may use funds contained in reserves for excess student revenue for operating support of a community college program even though said expenditures may cause expenses and student revenues to exceed one-third of the college's net operating costs for the college fiscal year 2010-11 provided that such funds do not cause the college's revenues from the local sponsor's contrib- utions in aggregate to be less than the comparable amounts for the previous commu- S. 8284 29 A. 11514 nity college fiscal year and further provided that pursuant to standards and regulations of the state university trus- tees and the city university trustees for the college fiscal year 2010-11, community colleges may increase tuition and fees above that allowable under current educa- tion law if such standards and regulations require that in order to exceed the tuition limit otherwise set forth in the education law, local sponsor contributions either in the aggregate or for each full- time equivalent student shall be no less than the comparable amounts for the previ- ous community college fiscal year .......... 112,498,671 For payment of rental aid ...................... 1,190,751 -------------- Total for community colleges ................. 114,489,422 -------------- S 19. 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 20. 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 21. 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 22. 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 twenty of this act, the appropri- ations made by this act and subject to such section shall be deemed repealed.
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