Senate Bill S249

Signed By Governor

2009-2010 Legislative Session

Enacts various provisions of law necessary to implement savings adjustments to the state financial plan

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 04, 2009	signed chap.2
Feb 03, 2009	delivered to governor returned to senate passed assembly message of necessity - 3 day message message of necessity - appropriation ordered to third reading rules cal.1 substituted for a162a referred to ways and means delivered to assembly passed senate message of necessity - 3 day message message of necessity - appropriation motion to amend lost ordered to third reading cal.10 reported and committed to rules print number 249a
Feb 03, 2009	amend (t) and recommit to finance
Jan 07, 2009	referred to finance

Votes

- Feb 3, 2009 - Floor Vote
  S249
  
  Aye
  
  32
  
  Nay
  
  29
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Floor Vote: Feb 3, 2009
      
      aye (32)
      
      Adams
      
      Addabbo Jr.
      
      Aubertine
      
      Breslin
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Foley
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      Monserrate
      
      Montgomery
      
      Onorato
      
      Oppenheimer
      
      Parker
      
      Perkins
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      nay (29)
      
      Alesi
      
      Bonacic
      
      DeFrancisco
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Johnson
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Morahan
      
      Nozzolio
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Seward
      
      Skelos
      
      Volker
      
      Winner
      
      Young

Bill Amendments

2009-S249 - Details

2009-S249 - Summary

Enacts various provisions of law necessary to implement savings adjustments to the state financial plan; modifies the aid and incentives for municipalities program; authorizes transfers and miscellaneous capital/debt provisions; transfers the undisbursed balances of certain housing programs to the general fund

2009-S249 - Sponsor Memo

                                 BILL NUMBER:  S249

 TITLE OF BILL :
An act to amend chapter 56 of the laws of 2008 amending the general
municipal law relating to reports on the financial condition of
municipalities and to provide aid and incentives to the cities of
Rochester, Buffalo, Lackawanna, Long Beach, Syracuse, White Plains,
Yonkers and Rensselaer, in relation to aid and incentives for
municipalities (Part A); to amend the state finance law, in relation
to permitting certain public authorities to issue PIT Revenue Bonds
for any authorized purpose, within existing public authorities control
board approval requirements; to amend chapter 57 of the laws of 2008,
relating to providing for the administration of certain funds and
accounts related to the 2008-2009 budget, in relation to authorizing
the state comptroller to transfer certain monies to the general fund,
authorizing the state comptroller to deposit certain reimbursements to
the credit of any capital projects fund, and directing the dormitory
authority of the state of New York to transfer certain monies to the
general fund; to repeal subdivision (a) of section 1 of Part P of
chapter 57 of the laws of 2007 relating to providing funding for
certain community projects; and providing for the repeal of certain
provisions upon expiration thereof (Part B); to amend part NN of
chapter 57 of the laws of 2008 relating to authorizing the New York
state mortgage agency to transfer certain moneys and to amend the
private housing finance law in relation to transferring undisbursed
mortgage insurance fund reserves to the general fund and increasing

the bond issuance cap for the division of housing and community
renewal (Part C); to amend the insurance law, in relation to shifting
the costs related to the implementation of chapter 748 of the laws of
2006; and to amend chapter 748 of the laws of 2006 amending the
insurance law relating to enacting "Timothy's law", in relation to the
effectiveness of such chapter (Part D); to amend the mental hygiene
law, in relation to unified services and to repeal certain provisions
of such law relating thereto (Part E); to amend chapter 57 of the laws
of 2006, relating to establishing a cost of living adjustment for
designated human services programs, in relation to adjustments to
certain rates and the time periods for the effectiveness thereof (Part
F); to amend the public health law, in relation to the preferred drug
program; to amend the social services law and the elder law, in
relation to reimbursement to participating provider pharmacies; to
amend the public health law, in relation to reinstituting certain
hospital assessments; to amend the public health law, in relation to
reducing non-public hospital worker recruitment and retention grants;
to amend chapter 58 of the laws of 2008, amending the social services
law and the public health law relating to adjustments of rates, in
relation to hospital reimbursements and in relation to rates of
payment to nursing homes, personal care providers, certified home
health agencies (CHHAs), and long term home health care programs
(LTHHCPs); to amend the public health law, in relation to delaying
nursing home rebasing; to amend the public health law, in relation to
achieving savings in relation to nursing home, home care and personal
care rates; to amend the public health law, in relation to CHHA and
LTHHCP administrative efficiencies; to amend the public health law, in
relation to the Health Care Reform Act (HCRA) covered lives
assessment; to amend the public health law and chapter 703 of the laws
of 1988, relating to enacting the expanded health care coverage act of
nineteen hundred eighty-eight and amending the insurance law and other
laws relating to expanded health care and catastrophic health care
coverage, in relation to HCRA funding for public hospital and public
nursing home recruitment and retention grants, non-public hospital
grants, and the regional pilot program individual subsidy; to amend
the public health law, in relation to breast cancer, cancer services,
poison control and infertility; to amend the public health law, in
relation to reducing funding for the graduate medical education
professional education pool; to amend the public health law, in
relation to worker retraining funding; to amend the public health law,
in relation to increasing HCRA surcharges on hospitals and clinics; to
amend the social services law, in relation to emergency medical
transportation service supplemental payments; to amend the public
health law, in relation to reducing inpatient medical assistance rates
of payment for non-public residential healthcare facilities; to amend
the social services law, in relation to transitional supplemental
payments; to amend the public health law, in relation to medical
assistance rates of payment; to amend the social services law, in
relation to exempting persons receiving certain care from the
treatment of income and resources provisions; to amend chapter 58 of
the laws of 2007 amending the social services law and the public
health law relating to adjustments of rates, in relation to the
effectiveness thereof (Part G); relating to the transfer of funds from
the banking department account; to amend the banking law, in relation
to expenses of the banking department (Part H); relating to the
transfer of funds from the insurance department account (Part I); to
amend the executive law, in relation to authorizing the transfer of
money (Part J); and to amend the workers' compensation law, in
relation to disability payments (Part K)


 PURPOSE :
This bill enacts provisions of law that are necessary to implement
savings adjustments to the State Financial Plan. These measures have
been proposed by the Governor to address the State's projected
budgetary gaps for 2009-10 and beyond, and to help ensure 2008-09
Financial Plan balance.

 SUMMARY OF PROVISIONS :

Part A - Modify the Aid and Incentives for Municipalities (AIM)
Program.

This bill amends Part 0 of Chapter 56 of the Laws of 2008, which
amends the Aid and Incentives for Municipalities (AIM) Program, to
increase the amount of AIM funding that the cities of Buffalo,
Rochester, Syracuse and Yonkers may opt to receive in June, 2009
rather than in March, 2010, thereby holding those cities harmless in
their 2008-09 fiscal year for the proposed reduction in Special Aid
added to the SFY 2008-09 Enacted Budget by the Legislature.

Part B - Authorize transfers and miscellaneous capital/debt
provisions.

* This bill increases the transfer from the Environmental Protection
Fund (EPF) Transfer Account to the General Fund from $125 million to
$200 million.

* This bill increases the authority to transfer Federal child support
revenue to the General Fund, from $36 million to $136 million, in
order to achieve one-time Financial Plan relief of $100 million in SFY
2008-09.

* This bill increases the contribution to the General Fund from the
New York' Power Authority in 2008-09 from $60 million to $361 million;
establishes a $210 million payment in 2009-10; and eliminates a $35
million payment in 2010-11.

* This bill allows any public authority that is authorized to issue
Personal Income Tax (PIT) Revenue Bonds to issue debt for any other
public authorities' authorized purposes for this program, subject to
existing Public Authorities Control Board (PACB) approval
requirements. This provision is needed now, more than ever, in
response to recent crises in the financial markets that have limited
access to the capital markets, and to prevent potential negative
impacts to the Financial Plan related to reimbursing bond-financed
capital projects spending. In addition this bill amends the related
capital reimbursement provisions to permit issuer flexibility without
disrupting the existing capital responsibility of authorities.

* This bill authorizes $6.5 million in transfer authority to
accommodate a one-time transfer in reserve balance from the Dormitory
Authority Corporate Fiduciary Fund to the General Fund.

* Eliminate remaining $45 million member item funding in 2008-09.

Part C - Transfer the undisbursed balances of certain housing programs
to the General Fund.

This bill transfers, to the General Fund, the January 1, 2009
undisbursed Mortgage Insurance Fund Reserve balances for the $54
million Mitchell Lama Rehabilitation and Preservation Program and the
All Affordable Program, the $15 million Greater Catskills Flood
Remediation Program, and the $6 million Housing and Economic
Stabilization for Long Island Program (HELP) by March 31, 2009. These
programs will be bond financed as this bill also increases the
Division of Housing and Community Renewal's bond cap authorization by
$31 million, from $2.291 billion to $2.322 billion. These actions
would provide an estimated $25 million in SFY 2008-09 General Fund
relief without negatively impacting program operations.

Part D - Shift costs associated with Timothy's Law from the General
Fund to a Special Revenue Account.

This bill shifts the costs associated with the implementation of
Timothy's law, established by Chapter 748 of the laws of 2006, from
the General Fund to the Insurance Department's Special Revenue
Regulation Account. This bill also extends the effective date of
Timothy's law to December 31, 2010.

Part E - Eliminate the Differential for Unified Services in several
counties.

This bill eliminates the differential for Unified Services in five
counties (Rensselaer, Rockland, Warren, Washington, and Westchester).
In the 1970s, the Unified Services initiative began providing
additional funding to certain counties to develop a community care
system and reduce the use of State inpatient services. Currently,
there is a wide range of community-based services throughout the
State, and there is no longer justification for this differential.
Specifically, this bill achieves savings in 2008-09 totaling $700,000
growing to $2.8 million on a recurring basis.

Part F - Reduce Human Service Cost of Living Adjustment (COLA).

This bill provides for a 1 percent reduction in the 2008-09 human
services cost of living adjustment (COLA) effective January 1, 2009.
This results in a net 2.2 percent ongoing increase for 2008-09.

Part G - Health Care Savings.

This bill generates State Financial Plan relief by generating
additional revenues and reducing spending. Specifically, this bill:

* Amends Public Health law (PHL) § 272(12) to modify the Preferred
Drug Program to eliminate the exemption for anti-depressants
(anti-psychotic, anti-retroviral and anti-rejection drugs will remain
exempt);

* Amends Social Services Law (SSL) § 367-a(9)(b)(ii) to reduce
pharmacy reimbursement levels for brand name prescription drugs from

Average Wholesale Price (AWP) minus 16.25 percent to AWP minus 17.25
percent;

* Amends Elder Law § 250(1)(b)(1) to reduce pharmacy reimbursement
levels for brand name prescription drugs that are provided through the
Elderly Pharmaceutical Insurance Coverage (EPIC) program - from AWP
minus 16.25 percent to AWP minus 17.25 percent;

* Adds new PHL § 2807-d(2)(a)(vi) to reinstitute the 0.70 percent
hospital assessment;

* Adds new PHL § 2807-c(34) to reflect an across the board reduction
in hospital rates;

* Amends Chapter 58 of the Laws of 2008, Part C, § 11, and adds a new
provision to achieve savings related to general hospitals, nursing
homes, home care and personal care providers by discontinuing
remaining trend factors for calendar year 2008 and eliminating the
trend factor for calendar year 2009;

* Amends PHL § 2808(2-b) to delay nursing home rebasing until April
2009;

* Adds new PHL §§ 2808(25) and 3614(12) to achieve savings related to
across the board reductions in nursing home, home care and personal
care reimbursement rates;

* Amends PHL §§ 3614(7) and (7-a) and adds PHL § 3614(2-a) to achieve
savings by implementing administrative efficiencies for certified home
health agencies (CHHAs) and Long Term Home Health Care Programs
(LTHHCPs);

* Amends PHL § 2807-8(6)(a) to increase the amount collected through
the Health Care Reform Act (HCRA) Covered Lives Assessment;

* Amends PHL§§ 2807-c, 2808, 2807-v and 2807-1 and Chapter 703 of the
Laws of 1988 to eliminate HCRA funding for public hospital and public
nursing home recruitment and retention grants, non-public hospital
grants, and the regional pilot program individual subsidy;

* Amends PHL §§ 2807-v, 2807-1 and 2807-r to shift certain public
health care costs and certain HCRA costs to Insurance Assessments;

* Amends PHL § 2807-s to reduce Graduate Medical Education (GME)
Professional Education Pool (PEP) funding;

* Amends PHL § 2807-1 to eliminate unspent worker retraining funding;

* Amends PHL § 2807-j(2) to increase the HCRA assessments charged to
insurers;

* Amends SSL § 367-s to reduce supplemental emergency transportation
funding;

* Amends PHL § 2808 to reduce nursing home recruitment and retention
grants;

* Amends SSL §364-j-2 to reduce clinic transition payments;

* Amends PHL § 3614 to reduce rural home care payments; and

* Amends SSL § 366-c to conform with Federal requirements regarding
spousal impoverishment.

Part H - Transfer up to $6 million from the Banking Department Account
to the General Fund.
This bill authorizes the Comptroller, at the request of the Director
of the Budget, to transfer up to $6 million from the unencumbered
balance of the Banking Department Account (339.A5) to the General Fund
in State Fiscal Year 2008-09.

Part I - Transfer up to $4.5 million from the Insurance Department
Account to the General Fund.

This bill authorizes the Comptroller, at the request of the Director
of the Budget, to transfer up to $4.5 million from the unencumbered
balance of the Insurance Department Account (339.B6) to the General
Fund in State Fiscal Year 2008-09.

Part J - Transfer excess revenues from the Department of Law to the
General Fund.

This bill authorizes the transfer to the General Fund of excess
revenues, resulting from litigation settlements or prosecutions
undertaken by the Department of Law, which have accumulated in an
account dedicated for that purpose. The ongoing operations of the
Department of Law are protected by a second authorization to return
funds from the General Fund to the account - up to a total of ten
percent of the annual budget in the account - in the event revenue is
insufficient. These authorizations will allow swifter recognition of
revenues in the General Fund, while also ensuring that the ability of
the Department of Law to carry on further investigations and
litigation is not threatened.

Part K - Clarify assessments paid by insurance companies to the
Workers' Compensation Board.

This legislation would clarify the calculation of assessments
collected by the insurance industry and deposited with the Workers'
Compensation Board. At present, the basis on which assessments are
collected by the insurers currently differs from the basis on which
payments are made to the Workers' Compensation Board. As a result,
some insures collect a surplus, while others collect insufficient
funds. To the extent any insurance company has identified and held
such funds as a result of this discrepancy, such funds must be paid to
the Board and distributed according to a plan developed by the Chair
of the Workers' Compensation Board and approved by the Director of the
Budget. Funds in excess of the plan developed by the Chair may be
transferred to the General Fund.

ON' STATEMENT IN SUPPORT :
___
Enactment of these provisions is necessary to produce savings to
ensure current year budget balance, guard against further revenue
reductions and address the projected Budget gaps.

 BUDGETARY IMPLICATIONS :
Enactment of this bill is necessary to reduce State spending and allow
available cash resources to be used to achieve Financial Plan balance
in 2008-09 and address the projected budget gaps for 2009-10 and
subsequent years.

 EFFECTIVE DATE :
This bill takes effect immediately.

2009-S249 - Bill Text download pdf

2009-S249A (ACTIVE) - Details

2009-S249A (ACTIVE) - Summary

2009-S249A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S249A

 TITLE OF BILL :

An act to amend chapter 57 of the laws of 2008, relating to providing
for the administration of certain funds and accounts related to the
2008-2009 budget, in relation to authorizing the state comptroller to
transfer certain monies to the general fund, authorizing the state
comptroller to deposit certain reimbursements to the credit of any
capital projects fund, and directing the dormitory authority of the
state of New York to transfer certain monies to the general fund; to
amend chapter 57 of the laws of 2007 relating to the provision of
funding of certain community projects, in relation to adjusting
certain funding therefor; and to repeal subdivision (a) of section 1
of Part P of chapter 57 of the laws of 2007 relating to providing
funding for certain community projects (Part A); to amend part NN of
chapter 57 of the laws of 2008 relating to authorizing the New York
state mortgage agency to transfer certain moneys and to amend the
private housing finance law in relation to transferring undisbursed
mortgage insurance fund reserves to the general fund and increasing
the bond issuance cap for the division of housing and community
renewal (Part B); to amend the executive law, in relation to
authorizing the transfer of money (Part C); to amend chapter 497 of
the laws of 2008, relating to the transfer of certain monies from
specified accounts to the general fund (Part D); to provide for the
consideration of grant applications by the council on the arts in

state fiscal year 2009-2010 (Part E); to amend chapter 56 of the laws
of 2008 amending the general municipal law relating to reports on the
financial condition of municipalities and providing aid and incentives
to the cities of Rochester, Buffalo, Lackawanna, Long Beach, Syracuse,
White Plains, Yonkers and Rensselaer, in relation to aid and
incentives for municipalities (Part F); in relation to the transfer of
funds from the banking department account (Part G); in relation to the
transfer of funds from the insurance department account (Part H); and
to amend chapter 58 of the laws of 2008 amending the social services
law and the public health law relating to adjustments of rates and the
public health law, in relation to hospitals and the distribution of
monies (Part I)


 PURPOSE :

This bill enacts provisions of law that are necessary to implement
savings adjustments to the State Financial Plan. These measures have
been proposed by the Governor to address the State's projected
budgetary gaps for 2009-10 and beyond, and to help ensure 2008-09
Financial Plan balance.

 SUMMARY OF PROVISIONS :

Part A - Modify the Aid and Incentives for Municipalities (AIM)
Program.

This bill amends Part 0 of Chapter 56 of the Laws of 2008, which
amends the Aid and Incentives for Municipalities (AIM) Program, to
increase the amount of AIM funding that the cities of Buffalo,
Rochester, Syracuse and Yonkers may opt to receive in June, 2009
rather than in March, 2010, thereby holding those cities harmless in
their 2008-09 fiscal year for the proposed reduction in Special Aid
added to the SFY 2008-09 Enacted Budget by the Legislature.

Part B - Authorize transfers and miscellaneous capital/debt
provisions.



* This bill increases the transfer from the Environmental Protection
Fund (EPF) Transfer Account to the General Fund from $125 million to
$200 million.

* This bill increases the authority to transfer Federal child support
revenue to the General Fund, from $36 million to $136 million, in
order to achieve one-time Financial Plan relief of $100 million in SFY
2008-09.

* This bill increases the contribution to the General Fund from the
New York Power Authority in 2008-09 from $60 million to $361 million;
establishes a $210 million payment in 2009-10; and eliminates a $35
million payment in 2010-11.

* This bill allows any public authority that is authorized to issue
Personal Income Tax (PIT) Revenue Bonds to issue debt for any other
public authorities' authorized purposes for this program, subject to
existing Public Authorities Control Board (PACB) approval
requirements. This provision is needed now, more than ever, in
response to recent crises in the financial markets that have limited
access to the capital markets, and to prevent potential negative
impacts to the Financial Plan related to reimbursing bond-financed
capital projects spending. In addition this bill amends the related
capital reimbursement provisions to permit issuer flexibility without
disrupting the existing capital responsibility of authorities.

* This bill authorizes $6.5 million in transfer authority to
accommodate a one-time transfer in reserve balance from the Dormitory
Authority Corporate Fiduciary Fund to the General Fund.

* Eliminate remaining $45 million member item funding in 2008-09.

Part C - Transfer the undisbursed balances of certain housing programs
to the General Fund.

This bill transfers, to the General Fund, the January 1, 2009
undisbursed Mortgage Insurance Fund Reserve balances for the $54
million Mitchell Lama Rehabilitation and Preservation Program and the
All Affordable Program, the $15 million Greater Catskills Flood
Remediation Program, and the $6 million Housing and Economic
Stabilization for Long Island Program (HELP) by March 31, 2009. These
programs will be bond financed as this bill also increases the
Division of Housing and Community Renewal's bond cap authorization by
$31 million, from $2.291 billion to $2.322 billion. These actions
would provide an estimated $25 million in SFY 2008-09 General Fund
relief without negatively impacting program operations.

Part D - Shift costs associated with Timothy's Law from the General
Fund to a Special Revenue Account.

This bill shifts the costs associated with the implementation of
Timothy's Law, established by Chapter 748 of the Laws of 2006, from
the General Fund to the Insurance Department's Special Revenue
Regulation Account. This bill also extends the effective date of
Timothy's Law to December 31, 2010.

Part E - Eliminate the Differential for Unified Services in several
counties.

This bill eliminates the differential for Unified Services in five
counties (Rensselaer, Rockland, Warren, Washington, and Westchester).
In the 1970s, the Unified Services initiative began providing
additional funding to certain counties to develop a community care
system and reduce the use of State inpatient services.  Currently,
there is a wide range of community-based services throughout the
State, and there is no longer justification for this differential.
Specifically, this bill achieves savings in 2008-09 totaling $700,000
growing to $2.8 million on a recurring basis.

Part F - Reduce Human Services Cost of Living Adjustment (COLA).

This bill provides for a 1 percent reduction in the 2008-09 human
services cost of living adjustment (COLA) effective January 1, 2009.
This results in a net 2.2 percent ongoing increase for 2008-09.

Part G - Health Care Savings.

This bill generates State Financial Plan relief by generating
additional revenues and reducing spending. Specifically, this bill:

* Amends Public Health Law (PHL) § 272(12) to modify the Preferred
Drug Program to eliminate the exemption for anti-depressants
(anti-psychotic, anti-retroviral and anti-rejection drugs will remain
exempt);

* Amends Social Services Law (SSL) § 367-a(9)(b)(ii) to reduce
pharmacy reimbursement levels for brand name prescription drugs from
Average Wholesale Price (AWP) minus 16.25 percent to AWP minus 17.25
percent;

* Amends Elder Law § 250(1)(b)(1) to reduce pharmacy reimbursement
levels for brand name prescription drugs that are provided through the
Elderly Pharmaceutical Insurance Coverage (EPIC) program - from AWP
minus 16.25 percent to AWP minus 17.25 percent;

* Adds new PHL § 2807-d(2)(a)(vi) to reinstitute the 0.70 percent
hospital assessment;

* Adds new PHL § 2807-c(34) to reflect an across-the-board reduction
in hospital rates;

* Amends Chapter 58 of the Laws of 2008, Part C, § 11, and adds a new
provision to achieve savings related to general hospitals, nursing
homes, home care and personal care providers by discontinuing
remaining trend factors for calendar year 2008 and eliminating the
trend factor for calendar year 2009;

* Amends PHL § 2808(2-b) to delay nursing home rebasing until April
2009;

* Adds new PHL §§ 2808(25) and 3614(12) to achieve savings related to
across-the-board reductions in nursing home, home care and personal
care reimbursement rates;

* Amends PHL §§ 3614(7) and (7-a) and adds PHL § 3614(2-a) to achieve
savings by implementing administrative efficiencies for certified home
health agencies (CHHAs) and Long Term Home Health Care Programs
(LTHHCPs);

* Amends PHL § 2807-s(6)(a) to increase the amount collected through
the Health Care Reform Act (HCRA) Covered Lives Assessment;

* Amends PHL§§ 2807-c, 2808, 2807-v and 2807-1 and Chapter 703 of the
Laws of 1988 to eliminate HCRA funding for public hospital and public
nursing home recruitment and retention grants, non-public hospital
grants, and the regional pilot program individual subsidy;

* Amends PHL §§ 2807-v, 2807-1 and 2807-r to shift certain public
health care costs and certain HCRA costs to Insurance Assessments;

* Amends PHL § 2807-s to reduce Graduate Medical Education (GME)
Professional Education Pool (PEP) funding;
* Amends PHL § 2807-I to eliminate unspent worker retraining funding;

* Amends PHL § 2807-j(2) to increase the HCRA assessments charged to
insurers;

* Amends SSL § 367-s to reduce supplemental emergency transportation
funding;

* Amends PHL § 2808 to reduce nursing home recruitment and retention
grants;

* Amends SSL §364-j-2 to reduce clinic transition payments;

* Amends PHL § 3614 to reduce rural home care payments; and

* Amends SSL § 366-c to conform with Federal requirements regarding
spousal impoverishment.

Part H - Transfer up to $6 million from the Banking Department Account
to the General Fund.

This bill authorizes the Comptroller, at the request of the Director
of the Budget, to transfer up to $6 million from the unencumbered
balance of the Banking Department Account (339.A5) to the General Fund
in State Fiscal Year 2008-09.

Part I - Transfer up to $4.5 million from the Insurance Department
Account to the General Fund.

This bill authorizes the Comptroller, at the request of the Director
of the Budget, to transfer up to $4.5 million from the unencumbered
balance of the Insurance Department Account (339.B6) to the General
Fund in State Fiscal Year 2008-09.

Part J - Transfer excess revenues from the Department of Law to the
General Fund.

This bill authorizes the transfer to the General Fund of excess
revenues, resulting from litigation settlements or prosecutions
undertaken by the Department of Law, which have accumulated in an
account dedicated for that purpose. The ongoing operations of the
Department of Law are protected by a second authorization to return
funds from the General Fund to the account - up to a total of ten
percent of the annual budget in the account - in the event revenue is
insufficient. These authorizations will allow swifter recognition of
revenues in the General Fund, while also ensuring that the ability of
the Department of Law to carry on further investigations and
litigation is not threatened.

Part K - Clarify assessments paid by insurance companies to the
Workers' Compensation Board.

This legislation would clarify the calculation of assessments
collected by the insurance industry and deposited with the Workers'
Compensation Board. At present, the basis on which assessments are
collected by the insurers currently differs from the basis on which
payments are made to the Workers' Compensation Board. As a result,
some insurers collect a surplus, while others collect insufficient
funds. To the extent any insurance company has identified and held
such funds as a result of this discrepancy, such funds must be paid to
the Board and distributed according to a plan developed by the Chair
of the Workers' Compensation Board and approved by the Director of the
Budget. Funds in excess of the plan developed by the Chair may be
transferred to the General Fund.

 STATEMENT IN SUPPORT :
Enactment of these provisions is necessary to produce savings to
ensure current year budget balance, guard against further revenue
reductions and address the projected Budget gaps.

 BUDGETARY IMPLICATIONS :
Enactment of this bill is necessary to reduce State spending and allow
available cash resources to be used to achieve Financial Plan balance
in 2008-09 and address the projected budget gaps for 2009-10 and
subsequent years.

 EFFECTIVE DATE :
This bill takes effect immediately.

2009-S249A (ACTIVE) - Bill Text download pdf

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

    S. 249--A                                              A. 162--A

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
  cle seven of the Constitution -- read twice and ordered  printed,  and
  when  printed to be committed to the Committee on Finance -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
  article  seven  of  the  Constitution -- read once and referred to the
  Committee on Ways and Means --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to  amend chapter 57 of the laws of 2008, relating to providing
  for the administration of certain funds and accounts  related  to  the
  2008-2009  budget, in relation to authorizing the state comptroller to
  transfer certain monies to the general  fund,  authorizing  the  state
  comptroller  to  deposit  certain  reimbursements to the credit of any
  capital projects fund, and directing the dormitory  authority  of  the
  state  of  New York to transfer certain monies to the general fund; to
  amend chapter 57 of the laws of 2007  relating  to  the  provision  of
  funding  of  certain  community  projects,  in  relation  to adjusting
  certain funding therefor; and to repeal subdivision (a) of  section  1
  of  Part  P  of  chapter  57 of the laws of 2007 relating to providing
  funding for certain community projects (Part A); to amend part  NN  of
  chapter  57  of  the laws of 2008 relating to authorizing the New York
  state mortgage agency to transfer certain  moneys  and  to  amend  the
  private  housing  finance  law in relation to transferring undisbursed
  mortgage insurance fund reserves to the general  fund  and  increasing
  the  bond  issuance  cap  for  the  division  of housing and community
  renewal (Part B); to amend the executive law, in relation to authoriz-
  ing the transfer of money (Part C); to amend chapter 497 of  the  laws
  of  2008,  relating  to  the transfer of certain monies from specified
  accounts to the general fund (Part D); to provide  for  the  consider-
  ation of grant applications by the council on the arts in state fiscal
  year  2009-2010  (Part  E);  to  amend  chapter 56 of the laws of 2008
  amending the general municipal law relating to reports on  the  finan-
  cial  condition  of municipalities and providing aid and incentives to
  the cities of Rochester, Buffalo, Lackawanna,  Long  Beach,  Syracuse,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12002-04-9

S. 249--A                           2                          A. 162--A

  White  Plains,  Yonkers  and Rensselaer, in relation to aid and incen-
  tives for municipalities (Part F); in  relation  to  the  transfer  of
  funds from the banking department account (Part G); in relation to the
  transfer  of funds from the insurance department account (Part H); and
  to amend chapter 58 of the laws of 2008 amending the  social  services
  law and the public health law relating to adjustments of rates and the
  public  health  law,  in relation to hospitals and the distribution of
  monies (Part I)

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This  act enacts into law major components of legislation
which are necessary to implement saving adjustments to the state  fiscal
plan.    Each  component is wholly contained within a Part identified as
Parts A through I. The effective  date  for  each  particular  provision
contained  within  such  Part  is  set forth in the last section of such
Part. Any provision in any section contained within  a  Part,  including
the effective date of the Part, which makes a reference to a section "of
this act", when used in connection with that particular component, shall
be  deemed to mean and refer to the corresponding section of the Part in
which it is found. Section three of this  act  sets  forth  the  general
effective date of this act.

                                 PART A

  Section  1. Subdivision 7 of section 3 of part RR of chapter 57 of the
laws of 2008 entitled "Family Assistance", relating to providing for the
administration of certain funds and accounts related  to  the  2008-2009
budget, is amended to read as follows:
  7.  [$36,000,000] $136,000,000 from any of the office of temporary and
disability assistance accounts  within  the  federal  health  and  human
services fund (265) to the general fund.
  S 2. Section 11-a of part RR of chapter 57 of the laws of 2008, relat-
ing  to  providing  for the administration of certain funds and accounts
related to the 2008-2009 budget, is amended to read as follows:
  S 11-a. Notwithstanding any provision of  law  to  the  contrary,  the
power  authority of the state of New York, as deemed feasible and advis-
able by its trustees, is authorized to make contributions to  the  state
treasury  to  the  credit of the general fund as follows: for the fiscal
year commencing April 1, 2008, a total  of  [$60,000,000]  $361,000,000,
not  less  than  $50,000,000 of which will be paid within thirty days of
the enactment of the state budget for such fiscal year,  NOT  LESS  THAN
$119,000,000 SHALL BE PAID BY JANUARY 30, 2009 AND $182,000,000 SHALL BE
PAID  BY MARCH 27, 2009; for the fiscal year commencing April 1, 2009, a
total  of  [$35,000,000]  $210,000,000,  not  less  than   [$25,000,000]
$103,000,000  of  which  will be paid within [thirty] ONE HUNDRED EIGHTY
days of the enactment of the state budget for such fiscal year[; and for
the fiscal year commencing April 1, 2010, a total  of  $35,000,000,  not
less  than  $25,000,000  of which will be paid within thirty days of the
enactment of the state budget for such  fiscal  year]  AND  $107,000,000
SHALL BE PAID PRIOR TO MARCH 26, 2010.
  S  3. Part RR of chapter 57 of the laws of 2008, relating to providing
for the administration of certain funds  and  accounts  related  to  the

S. 249--A                           3                          A. 162--A

2008-2009  budget,  is  amended  by adding a new section 50-a to read as
follows:
  S 50-A. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, UPON THE
DIRECTION  OF  THE DIRECTOR OF THE BUDGET THE DORMITORY AUTHORITY OF THE
STATE OF NEW YORK IS DIRECTED TO TRANSFER $6,500,000 FROM THE  DORMITORY
AUTHORITY CORPORATE FIDUCIARY FUND TO THE STATE GENERAL FUND (003).
  S  4. Subdivision (a) of section 1 of part P of chapter 57 of the laws
of 2007, relating to the  provision  of  funding  of  certain  community
projects,  as  amended by section 1 of Part MM of chapter 59 of the laws
of 2008, is amended to read as follows:
  (a) [Forty-five] FIFTEEN million dollars [($45,000,000)] ($15,000,000)
for the period April 1, 2008 through March 31, 2009, as follows:  [twen-
ty-two] SEVEN million  five  hundred  thousand  dollars  [($22,500,000)]
($7,500,000)  to account AA; and [twenty-two] SEVEN million five hundred
thousand dollars [($22,500,000)] ($7,500,000) to account CC. Such trans-
fers shall be made in accordance with section 99-d of the state  finance
law, as added by chapter 474 of the laws of 1996, as amended.
  S 5. Subdivisions 3 and 4 of section 3 of part RR of chapter 57 of the
laws of 2008 entitled "Environmental Affairs", relating to providing for
the  administration  of  certain  funds  and  accounts  related  to  the
2008-2009 budget, is amended to read as follows:
  3. [$125,000,000] $175,000,000 from the environmental protection  fund
(078),  environmental  protection  transfer account (01), to the general
fund.
  4. [$75,000,000] $100,000,000 from the environmental  protection  fund
(078),  environmental  protection transfer account (001), to the general
fund.
  S 6. This act shall take effect immediately; provided,  however,  that
the amendments to section 3 of Part RR of chapter 57 of the laws of 2008
made  by sections one and five of this act shall expire on the same date
as such section expires and shall be deemed repealed therewith.

                                 PART B

  Section 1. Part NN of chapter 57 of  the  laws  of  2008  relating  to
authorizing  the  New  York  state  mortgage  agency to transfer certain
moneys, section 3 as amended by chapter 284 of  the  laws  of  2008,  is
amended to read as follows:

                                 PART NN

  Section  1.  Notwithstanding  any other provision of law, and provided
that the reserves in the project pool insurance-account of the  mortgage
insurance fund created pursuant to section 2429-b of the public authori-
ties  law  are  sufficient  to attain and maintain the credit rating (as
determined by the agency) required to accomplish the  purposes  of  such
account,  the board of directors of the state of New York mortgage agen-
cy, shall, as soon as practicable but  not  later  than  July  1,  2008,
transfer  a  sum  not  to  exceed  one  hundred million dollars from the
project pool  insurance  account  of  the  mortgage  insurance  fund  as
follows:  a sum not to exceed fifty-four million dollars to the New York
state housing finance agency for its Mitchell  Lama  Rehabilitation  and
Preservation Program and its All Affordable Program; a sum not to exceed
six  million  dollars  to  the  Long  Island Housing Partnership for its
Homeownership and Economic Stabilization for Long Island Program; a  sum
not  to exceed twenty-five million dollars to the New York state housing

S. 249--A                           4                          A. 162--A

trust fund corporation (the "corporation") for the provision of subprime
foreclosure prevention services as provided in section two of this  act;
and  a  sum not to exceed fifteen million dollars to the corporation for
the  greater  Catskills flood remediation program as provided in section
three of this act.
  S 2. Within the amounts transferred to  the  corporation  pursuant  to
section  one  of  this act for subprime foreclosure prevention services,
the corporation shall, in consultation with the division of housing  and
community renewal, the banking department and the office of court admin-
istration,  develop  and  administer  a  subprime foreclosure prevention
services program which shall provide assistance related  to  foreclosure
prevention  to  homeowners  who  entered into subprime or unconventional
mortgages, including grants  and  aid  to  non-profit  organizations  to
provide  counseling, mediation, legal representation, and negotiation on
behalf of borrowers facing default or foreclosure, training and  support
for  counselors,  mediators,  and  lawyers  regarding such assistance to
homeowners, and credit counseling. Such assistance shall only be offered
to borrowers who are natural persons who hold a  subprime  or  unconven-
tional  home loan that is secured by a mortgage or deed of trust on real
estate upon which there is located a structure  or  structures  intended
principally  for  occupancy  of  from  one to four families and which is
occupied by the borrower as the borrower's  principal  dwelling  and  is
located in this state. For purposes of this section, "subprime or uncon-
ventional  mortgage"  shall mean: for a first lien loan, one that has an
annual percentage rate of three or  more  percentage  points  above  the
yield  on  treasury securities of comparable maturity measured as of the
fifteenth day of the month immediately preceding the month in which  the
application  for  the  loan is received by the lender; for a subordinate
lien loan, one that has an  annual  percentage  rate  of  five  or  more
percentage  points  above the yield on treasury securities of comparable
maturity measured as of the  fifteenth  day  of  the  month  immediately
preceding the month in which the application for the loan is received by
the  lender;  or  a mortgage that is a "nontraditional mortgage" as such
term is described in the "Interagency Guidance on  Nontraditional  Mort-
gage  Product  Risks"  issued  September  29,  2006, and published in 71
Federal Register, 58609, on October 4, 2006, as updated. The corporation
shall develop application procedures for non-profit agencies to  use  to
apply  for  funds  to carry out the provisions of this section, criteria
for evaluating such applications, including criteria that would  encour-
age  collaborative  applications  by  multiple  non-profit agencies, and
criteria for use by the non-profits that receive assistance pursuant  to
this  section to rank applications for assistance from eligible homeown-
ers for the provisions of subprime foreclosure prevention services,  and
which shall consider the need for assistance and opportunity to success-
fully  restructure  the  applicable  mortgage  to allow the homeowner to
continue to occupy the home. The corporation, in consultation  with  the
division  of  housing and community renewal, the banking department, and
the office of court administration, shall submit a report to the  gover-
nor,  the  speaker  of  the assembly, and the temporary president of the
senate on or before December 31, 2008, on  the  implementation  of  this
act. Such report shall include, but not be limited to, for each provider
receiving  funds  under  this  act,  a  description  of  such provider's
contract  amount,  the  specific   foreclosure   prevention   activities
performed  by  such  provider,  and the number of persons and households
served by each provider and the number of requests for  assistance  that
could not be granted. The report shall also include an analysis of mort-

S. 249--A                           5                          A. 162--A

gage defaults in the state, the causes of such defaults, the unmet needs
that exist in the state due to defaults on loans, foreclosures of homes,
rates of foreclosures, the need for direct assistance to homeowners, and
the  ability of homeowners to successfully comply with mortgage terms or
negotiate changes in their mortgages in order to remain in their homes.
  S 3. Within the amounts transferred to  the  corporation  pursuant  to
section  one  of  this  act  for the greater Catskills flood remediation
program, the corporation shall provide funds to the counties of  Broome,
Chenango,  Delaware,  Herkimer,  Montgomery,  Orange, Otsego, Schoharie,
Sullivan, Tioga and Ulster, upon application by a county and within  the
amounts  available  for disbursement to such county, to enable the coun-
ties to purchase and demolish one or two family  homes  that  have  been
certified  by  the local building inspector and county emergency manage-
ment director, to the satisfaction of the corporation,  as  having  been
subject  to one or more incidents of flooding since April 1, 2004 and as
likely to be subject  to  a  future  flood  incident  that  would  cause
substantial damage thereto. Any application by a county for disbursement
of  funds  under  this act shall demonstrate, to the satisfaction of the
corporation, that: (1) the home is occupied as the primary residence  of
an  owner with a family income of up to one hundred fifty percent of the
area median income as defined by the United States department of housing
and urban development, provided, however,  that  an  otherwise  eligible
home  shall be eligible for purchase under this act if the current owner
can demonstrate that the home was occupied as the owner's primary  resi-
dence prior to a flood event that rendered the home unsuitable for habi-
tation;  (2) the current appraised value of the home does not exceed two
hundred fifty thousand dollars and the purchase price for the home  will
not  exceed the appraised value less the amount of any property casualty
insurance or disaster relief payments received by the owner  as  compen-
sation  for  damage incurred in a flood incident; (3) all recorded liens
or other encumbrances on the home will be released at closing;  (4)  the
county provides assurances that the home will be condemned and the prop-
erty  will  be  dedicated and maintained in perpetuity for a use that is
compatible with open space, recreational, flood mitigation  or  wetlands
management  practices; and (5) disbursements under this section shall be
limited to the costs of acquisition of eligible homes, including  legal,
appraisal, recording and other transaction costs, and the costs of demo-
lition.    In  selecting  homes  for purchase pursuant to this act, each
county shall give preference to homes with a current appraised value  of
less than one hundred fifty thousand dollars and to homes that have been
subject  to  two  or more incidents of flooding since April 1, 2004. The
corporation shall establish policies and procedures consistent with this
section, which shall include county reporting  requirements,  and  shall
report to the governor, the speaker of the assembly, the temporary pres-
ident of the senate and the director of the division of the budget on or
before  December  31, 2008 regarding the implementation of this section.
Of the amounts transferred to the corporation pursuant to section one of
this act, the amounts disbursed to counties  pursuant  to  this  section
shall  not  exceed  the  following  amounts: Broome, $750,000; Chenango,
$750,000;  Delaware,   $2,000,000;   Herkimer,   $750,000;   Montgomery,
$750,000;  Orange,  $2,000,000;  Otsego,  $750,000; Schoharie, $750,000;
Sullivan, $3,750,000; Tioga, $750,000; and Ulster, $2,000,000.
  S 4. NOTWITHSTANDING SECTIONS ONE AND THREE OF THIS ACT,  THE  JANUARY
1,  2009  UNDISBURSED  BALANCES  OF THE MITCHELL-LAMA REHABILITATION AND
PRESERVATION PROGRAM AND THE ALL AFFORDABLE PROGRAM,  THE  HOMEOWNERSHIP
AND  ECONOMIC  STABILIZATION  FOR  LONG  ISLAND PROGRAM, AND THE GREATER

S. 249--A                           6                          A. 162--A

CATSKILLS FLOOD REMEDIATION PROGRAM SHALL BE TRANSFERRED TO THE  GENERAL
FUND NO LATER THAN MARCH 31, 2009.
  S 5.  This act shall take effect immediately.
  S  2.  Paragraph  (a)  of subdivision 2 of section 47-e of the private
housing finance law, as amended by section 47 of part RR of  chapter  57
of the laws of 2008, is amended to read as follows:
  (a) Subject to the provisions of chapter fifty-nine of the laws of two
thousand,  in  order  to  enhance and encourage the promotion of housing
programs and thereby achieve the stated purposes and objectives of  such
housing  programs, the agency shall have the power and is hereby author-
ized from time to time to issue negotiable  housing  program  bonds  and
notes  in  such principal amount as shall be necessary to provide suffi-
cient funds for the repayment of amounts disbursed (and  not  previously
reimbursed)  pursuant  to law or any prior year making capital appropri-
ations or reappropriations for the  purposes  of  the  housing  program;
provided,  however, that the agency may issue such bonds and notes in an
aggregate principal amount not exceeding two billion [two hundred  nine-
ty-one] THREE HUNDRED TWENTY-TWO million nine hundred forty-one thousand
dollars,  plus  a  principal  amount  of  bonds  issued to fund the debt
service reserve fund in accordance with the debt  service  reserve  fund
requirement  established  by  the  agency and to fund any other reserves
that the agency reasonably deems necessary for the security or  marketa-
bility  of  such  bonds and to provide for the payment of fees and other
charges and expenses,  including  underwriters'  discount,  trustee  and
rating  agency  fees,  bond  insurance, credit enhancement and liquidity
enhancement related to the issuance of such bonds and notes. No  reserve
fund securing the housing program bonds shall be entitled or eligible to
receive  state  funds apportioned or appropriated to maintain or restore
such reserve fund at or to a particular level, except to the  extent  of
any  deficiency  resulting  directly or indirectly from a failure of the
state to appropriate or pay the agreed amount under any of the contracts
provided for in subdivision four of this section.
  S 3. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after January 1, 2009.

                                 PART C

  Section  1.  Section  64  of  the  executive law is amended to read as
follows:
  S 64. Costs recovered. Costs recovered by the attorney-general may  be
applied  by him in payment of the expenses incurred by him in the action
or proceeding in which they are received, or of any expenditure which he
is authorized to incur not otherwise provided  for.  He  shall,  at  the
close  of each fiscal year, render to the comptroller an account of such
costs received, with vouchers of such expenditures.  DURING  THE  FISCAL
YEAR,  THE  COMPTROLLER  IS  AUTHORIZED TO TRANSFER ANY AMOUNT AVAILABLE
WITHIN THE ACCOUNT DEDICATED FOR THIS PURPOSE TO THE GENERAL FUND,  UPON
THE  REQUEST  OF  THE  DIRECTOR OF THE BUDGET. IN THE EVENT INSUFFICIENT
CASH REMAINS IN SUCH ACCOUNT  TO  MEET  EXPENDITURES  AGAINST  AVAILABLE
APPROPRIATIONS  FROM  SUCH  ACCOUNT,  THE  COMPTROLLER  IS AUTHORIZED TO
TRANSFER THE AMOUNTS NECESSARY TO MEET SUCH EXPENDITURES FROM THE GENER-
AL FUND; PROVIDED HOWEVER THAT IN NO EVENT SHALL THE CUMULATIVE VALUE OF
ANY SUCH TRANSFERS FROM THE GENERAL FUND MADE TO SUCH ACCOUNT  WITHIN  A
SINGLE FISCAL YEAR EXCEED TEN PERCENT OF THE VALUE OF THE APPROPRIATIONS
MADE  IN SUCH FISCAL YEAR FROM SUCH ACCOUNT OR THE CUMULATIVE BALANCE OF
TRANSFERS FROM THE ACCOUNT TO THE GENERAL FUND.  THE  COMPTROLLER  SHALL

S. 249--A                           7                          A. 162--A

ESTABLISH SUCH ACCOUNTS AND RECORDS AS ARE NECESSARY TO PROVIDE AN ACCU-
RATE  ACCOUNTING  AND  REPORTING OF THE TRANSFERS TO OR FROM THE GENERAL
FUND.
  S 2. This act shall take effect immediately.

                                 PART D

  Section  1.  Section  2  of part B of chapter 497 of the laws of 2008,
relating to the transfer of certain monies from  specified  accounts  to
the general fund, is amended to read as follows:
  S  2.  Notwithstanding any other provision of law to the contrary, and
in accordance with section 4 of the state finance law,  the  comptroller
is hereby authorized and directed to transfer upon request of the direc-
tor  of  the  budget,  [$40,000,000]  $65,000,000 on or before March 31,
2009, and $20,000,000 on or before March 31, 2010,  from  the  miscella-
neous  special revenue fund (330), statewide public safety communication
account (LZ) to the general fund.
  S 2. This act shall take effect immediately.

                                 PART E

  Section 1. Notwithstanding any other section of law to  the  contrary,
in  state fiscal year 2009-10, prior to considering new applications for
funding from 2009-10 appropriations,  the  council  on  the  arts  shall
consider applications for grants from those organizations whose applica-
tions  for funding from 2008-09 appropriations were not fully acted upon
by the council in state fiscal year 2008-09.  In  all  such  cases,  the
council  on  the arts shall continue to follow established processes for
grant review and approval.
  S 2. This act shall take effect immediately and shall  expire  and  be
deemed repealed September 1, 2010.

                                 PART F

  Section  1.    Section  11 of part O of chapter 56 of the laws of 2008
amending the general municipal law relating to reports on the  financial
condition  of  municipalities and to providing aid and incentives to the
cities of Rochester, Buffalo, Lackawanna, Long  Beach,  Syracuse,  White
Plains, Yonkers and Rensselaer, is amended to read as follows:
  S 11.  1. Notwithstanding any other law to the contrary, for the state
fiscal year beginning April 1, 2009, and in each state fiscal year ther-
eafter,  twenty  million  SIX  HUNDRED FORTY THOUSAND dollars of aid and
incentives for municipalities otherwise due and payable to the  city  of
Rochester  on  or  before March 31 shall be paid on or before June 30 in
such fiscal year upon written request by the chief elected  official  of
such  city  to the director of the budget, provided such request is made
no later than April 1, 2009.
  2. Notwithstanding any other law to the contrary, for the state fiscal
year beginning April 1, 2009, and in each state fiscal year  thereafter,
ten  million FIVE HUNDRED FORTY-FOUR THOUSAND EIGHT HUNDRED FIVE dollars
of aid and incentives for municipalities otherwise due  and  payable  to
the  city  of  Buffalo  on or before March 31 shall be paid on or before
June 30 in such fiscal year upon written request by  the  chief  elected
official  of  such  city  to  the  director of the budget, provided such
request is made no later than April 1, 2009.

S. 249--A                           8                          A. 162--A

  3. Notwithstanding any other law to the contrary, for the state fiscal
year beginning April 1, 2009, and in each state fiscal year  thereafter,
one  million  dollars of aid and incentives for municipalities otherwise
due and payable to the city of Lackawanna on or before March 31 shall be
paid  on  or  before June 30 in such fiscal year upon written request by
the chief elected official of such city to the director of  the  budget,
provided such request is made no later than April 1, 2009.
  4.    Notwithstanding  any  other  law  to the contrary, for the state
fiscal year beginning April 1, 2009, and in each state fiscal year ther-
eafter, four hundred thousand dollars of aid and incentives for  munici-
palities  otherwise  due  and  payable  to  the city of Long Beach on or
before March 31 shall be paid on or before June 30 in such  fiscal  year
upon  written  request by the chief elected official of such city to the
director of the budget, provided such request  is  made  no  later  than
April 1, 2009.
  5. Notwithstanding any other law to the contrary, for the state fiscal
year  beginning April 1, 2009, and in each state fiscal year thereafter,
five million TWO HUNDRED FORTY-TWO THOUSAND  NINE  dollars  of  aid  and
incentives  for  municipalities otherwise due and payable to the city of
Syracuse on or before March 31 shall be paid on or  before  June  30  in
such  fiscal  year upon written request by the chief elected official of
such city to the director of the budget, provided such request  is  made
no later than April 1, 2009.
  6. Notwithstanding any other law to the contrary, for the state fiscal
year  beginning April 1, 2009, and in each state fiscal year thereafter,
one million dollars of aid and incentives for  municipalities  otherwise
due  and payable to the city of White Plains on or before March 31 shall
be paid on or before June 30 in such fiscal year upon written request by
the chief elected official of such city to the director of  the  budget,
provided such request is made no later than April 1, 2009.
  7. Notwithstanding any other law to the contrary, for the state fiscal
year  beginning April 1, 2009, and in each state fiscal year thereafter,
twenty  million  THREE  HUNDRED  SEVENTY-EIGHT  THOUSAND  THREE  HUNDRED
FORTY-THREE  dollars  of aid and incentives for municipalities otherwise
due and payable to the city of Yonkers on or before March  31  shall  be
paid  on  or  before June 30 in such fiscal year upon written request by
the chief elected official of such city to the director of  the  budget,
provided such request is made no later than April 1, 2009.
  8. Notwithstanding any other law to the contrary, for the state fiscal
year  beginning April 1, 2009, and in each state fiscal year thereafter,
one hundred twenty-five thousand dollars of aid and incentives for muni-
cipalities otherwise due and payable to the city  of  Rensselaer  on  or
before  March  31 shall be paid on or before June 30 in such fiscal year
upon written request by the chief elected official of such city  to  the
director  of  the  budget,  provided  such request is made no later than
April 1, 2009.
  S 2. This act shall take effect immediately.

                                 PART G

  Section 1. Notwithstanding  any  law  to  the  contrary,  the  banking
department  shall  finance the annual expenses related to its activities
and operations through assessments on  all  regulated  entities  of  the
department.  For state fiscal year 2008-09, the total value of the annu-
al  assessment  will  be  equal  to  the total value of the department's
enacted appropriations. In such instances where the total value  of  the

S. 249--A                           9                          A. 162--A

annual  industry  assessment  exceeds  the actual annual expenses of the
department's operations and activities, in accordance with section 4  of
the state finance law, the comptroller is hereby authorized and directed
to  transfer,  at  the  request  of the director of the budget, up to $6
million from the unencumbered balance of the banking department  account
(339.A5) to the general fund in state fiscal year 2008-09.
  S 2.  This act shall take effect immediately.

                                 PART H

  Section  1.  Notwithstanding  any  law  to the contrary, the insurance
department shall finance the annual expenses related to  its  activities
and  operations  through  assessments  on  all regulated entities of the
department.  For state fiscal year 2008-09, the total value of the annu-
al assessment will be equal to  the  total  value  of  the  department's
enacted  appropriations.  In such instances where the total value of the
annual industry assessment exceeds the actual  annual  expenses  of  the
department's  operations and activities, in accordance with section 4 of
the state finance law, the comptroller is hereby authorized and directed
to transfer, at the request of the director of the budget,  up  to  $4.5
million  from  the  unencumbered  balance  of  the  insurance department
account (339.B6) to the general fund in state fiscal year 2008-09.
  S 2. This act shall take effect immediately.

                                 PART I

  Section 1. Section 11 of part C of chapter 58  of  the  laws  of  2008
amending  the  social services law and the public health law relating to
adjustments of rates, as amended by section 4 of part F of  chapter  497
of the laws of 2008, is amended to read as follows:
  S  11.   1. Notwithstanding paragraph (c) of subdivision 10 of section
2807-c of the public health law, subdivision 2-b of section 2808 of  the
public  health law, section 21 of chapter 1 of the laws of 1999, and any
other contrary provision of law, but subject to  subparagraph  (iii)  of
paragraph  (b)  of subdivision 33 of section 2807-c of the public health
law, in determining rates of payments  by  state  governmental  agencies
effective  for  services  provided on and after April 1, 2008, for inpa-
tient and outpatient services provided by general hospitals,  for  inpa-
tient services and adult day health care outpatient services provided by
residential  health care facilities pursuant to article 28 of the public
health law, except for residential health care facilities  that  provide
extensive   nursing,   medical,  psychological  and  counseling  support
services to children, for home health care services provided pursuant to
article 36 of the public health law by certified  home  health  agencies
and  long  term  home  health  care  programs,  other  than for services
provided to home care patients diagnosed  with  AIDS  as  determined  by
applicable  regulations, and personal care services provided pursuant to
paragraph (e) of subdivision two of section 365-a of the social services
law, the commissioner of health shall apply a  trend  factor  projection
equal  to  sixty-five  percent  of the otherwise applicable trend factor
projection attributable to the period January 1, 2008  through  December
31,  2008  in accordance with paragraph (c) of subdivision 10 of section
2807-c of the public health law, provided, however, that  for  rates  of
payment  effective  for  services  provided  on and after [September 10,
2008] JANUARY 1, 2009, the final trend factor  projections  attributable
to the 2008 calendar year period shall be further adjusted such that any

S. 249--A                          10                          A. 162--A

increase to the average trend factor projections for the period April 1,
2008 through December 31, 2008 shall be reduced, on an annualized basis,
by one and three tenths percentage points AND PROVIDED FURTHER, HOWEVER,
NO  RETROACTIVE ADJUSTMENT TO SUCH 2008 TREND FACTOR PROJECTION SHALL BE
MADE FOR THE PERIOD APRIL 1, 2008 THROUGH DECEMBER 31, 2008 PURSUANT  TO
SUBPARAGRAPH  3  OF PARAGRAPH (C) OF SUBDIVISION 10 OF SECTION 2807-C OF
THE PUBLIC HEALTH LAW.
  S 2. Subparagraph (i) of paragraph (a) of subdivision 2-b  of  section
2808 of the public health law, as added by section 47 of part C of chap-
ter 109 of the laws of 2006, is amended to read as follows:
  (i)  Subject  to  the provisions of subparagraphs (ii) through (vi) of
this paragraph, for the two thousand seven  rate  period  the  operating
cost  component  of  rates  of  payment shall reflect the operating cost
component of rates effective for October first,  two  thousand  six,  as
adjusted  for  inflation in accordance with paragraph (c) of subdivision
ten of section twenty-eight hundred seven-c of this article; and for the
JANUARY FIRST, two thousand eight THROUGH MARCH THIRTY-FIRST, TWO  THOU-
SAND  NINE  rate period the operating cost component of rates of payment
shall reflect the operating cost component of rates effective for Decem-
ber thirty-first, two thousand six, as adjusted for inflation in accord-
ance with paragraph (c)  of  subdivision  ten  of  section  twenty-eight
hundred seven-c of this article.
  S  3.  Subparagraph (i) of paragraph (b) of subdivision 2-b of section
2808 of the public health law, as added by section 47 of part C of chap-
ter 109 of the laws of 2006, is amended to read as follows:
  (i) Subject to the provisions of subparagraphs (ii) through  (xiv)  of
this  paragraph,  for  periods  on  and after [January] APRIL first, two
thousand nine the operating cost component of  rates  of  payment  shall
reflect  allowable  operating  costs as reported in each facility's cost
report for the two thousand two calendar year, as adjusted for inflation
on an annual basis in accordance with the methodology set forth in para-
graph (c) of subdivision ten of section twenty-eight hundred seven-c  of
this  article, provided, however, that for those facilities which do not
receive a per diem add-on adjustment pursuant to  subparagraph  (ii)  of
paragraph  (a)  of  this subdivision, rates shall be further adjusted to
include the proportionate benefit, as determined by the commissioner, of
the expiration of the opening paragraph and paragraph (a) of subdivision
sixteen of this section and of paragraph (a) of subdivision fourteen  of
this  section, and provided further that the operating cost component of
rates of payment for those facilities which did not receive a  per  diem
adjustment in accordance with subparagraph (ii) of paragraph (a) of this
subdivision  shall not be less than the operating component such facili-
ties received in the two thousand eight rate  period,  as  adjusted  for
inflation  on  an  annual  basis  in accordance with the methodology set
forth in paragraph  (c)  of  subdivision  ten  of  section  twenty-eight
hundred  seven-c  of  this  article  and further provided, however, that
rates for facilities whose operating cost component reflects  base  year
costs  subsequent  to  January  first, two thousand two shall have rates
computed in accordance with this paragraph, utilizing allowable  operat-
ing  costs  as reported in such subsequent base year period, and trended
forward to  the  rate  year  in  accordance  with  applicable  inflation
factors.
  S 4. Subparagraphs (xiii), (xiv) and (xv) of paragraph (a) of subdivi-
sion  6  of section 2807-s of the public health law, as added by section
15 of part B of chapter 58 of the laws of 2008, are amended to  read  as
follows:

S. 249--A                          11                          A. 162--A

  (xiii)  A  gross  statewide  amount  for the period October first, two
thousand eight through March thirty-first, two thousand nine,  shall  be
[sixty-four]  ONE  HUNDRED  SEVENTY-FOUR  million  two  hundred thousand
dollars. Such amount shall be separately reported and paid in six month-
ly installments by the tenth day of each month from October two thousand
eight  to  March  two  thousand  nine.  Such  reports  and payments must
initially be based on each payers'  monthly  enrollment  count  for  the
preceding  month  and  shall  be reconciled on a month to month basis to
reflect the actual monthly enrollment counts for the applicable month.
  (xiv) A gross annual statewide amount for the  period  January  first,
two thousand nine through December thirty-first, two thousand ten, shall
be [eight hundred nineteen] NINE HUNDRED THIRTY-NINE million dollars.
  (xv)  A gross statewide amount for the period January first, two thou-
sand eleven through March thirty-first, two thousand  eleven,  shall  be
two  hundred  [four]  THIRTY-FOUR  million  seven hundred fifty thousand
dollars.
  S 5. Paragraphs (g), (h), (i), and (i-1) of subdivision 1  of  section
2807-v  of  the  public health law, as amended by section 5 of part B of
chapter 58 of the laws of 2008, are amended to read as follows:
  (g) Funds shall be reserved and accumulated  from  year  to  year  and
shall  be  available, including income from invested funds, for purposes
of services and expenses related to the health maintenance  organization
direct  pay  market program established pursuant to sections forty-three
hundred twenty-one-a and forty-three hundred twenty-two-a of the  insur-
ance  law from the tobacco control and insurance initiatives pool estab-
lished for the following periods in the following amounts:
  (i) up to thirty-five million dollars for the  period  January  first,
two  thousand through December thirty-first, two thousand of which fifty
percentum shall be allocated to the program  pursuant  to  section  four
thousand  three  hundred  twenty-one-a  of  the  insurance law and fifty
percentum to the program pursuant to section four thousand three hundred
twenty-two-a of the insurance law;
  (ii) up to thirty-six million dollars for the  period  January  first,
two  thousand  one  through  December  thirty-first, two thousand one of
which fifty percentum shall be allocated  to  the  program  pursuant  to
section  four  thousand  three hundred twenty-one-a of the insurance law
and fifty percentum to the program pursuant  to  section  four  thousand
three hundred twenty-two-a of the insurance law;
  (iii)  up to thirty-nine million dollars for the period January first,
two thousand two through December  thirty-first,  two  thousand  two  of
which  fifty  percentum  shall  be  allocated to the program pursuant to
section four thousand three hundred twenty-one-a of  the  insurance  law
and  fifty  percentum  to  the program pursuant to section four thousand
three hundred twenty-two-a of the insurance law;
  (iv) up to forty million dollars for the  period  January  first,  two
thousand  three  through  December  thirty-first,  two thousand three of
which fifty percentum shall be allocated  to  the  program  pursuant  to
section  four  thousand  three hundred twenty-one-a of the insurance law
and fifty percentum to the program pursuant  to  section  four  thousand
three hundred twenty-two-a of the insurance law;
  (v)  up  to  forty  million  dollars for the period January first, two
thousand four through December thirty-first, two thousand four of  which
fifty  percentum  shall  be allocated to the program pursuant to section
four thousand three hundred twenty-one-a of the insurance law and  fifty
percentum to the program pursuant to section four thousand three hundred
twenty-two-a of the insurance law;

S. 249--A                          12                          A. 162--A

  (vi)  up  to  forty  million dollars for the period January first, two
thousand five through December thirty-first, two thousand five of  which
fifty  percentum  shall  be allocated to the program pursuant to section
four thousand three hundred twenty-one-a of the insurance law and  fifty
percentum to the program pursuant to section four thousand three hundred
twenty-two-a of the insurance law;
  (vii)  up  to  forty million dollars for the period January first, two
thousand six through December thirty-first, two thousand  six  of  which
fifty  percentum  shall  be allocated to the program pursuant to section
four thousand three hundred twenty-one-a of the insurance law and  fifty
percentum  shall  be  allocated  to the program pursuant to section four
thousand three hundred twenty-two-a of the insurance law;
  (viii) up to forty million dollars for the period January  first,  two
thousand  seven  through  December  thirty-first,  two thousand seven of
which fifty percentum shall be allocated  to  the  program  pursuant  to
section  four  thousand  three hundred twenty-one-a of the insurance law
and fifty percentum shall  be  allocated  to  the  program  pursuant  to
section  four  thousand three hundred twenty-two-a of the insurance law;
AND
  (ix) up to forty million dollars for the  period  January  first,  two
thousand  eight  through  December  thirty-first,  two thousand eight of
which fifty per centum shall be allocated to  the  program  pursuant  to
section  four  thousand  three hundred twenty-one-a of the insurance law
and fifty per centum shall be  allocated  to  the  program  pursuant  to
section four thousand three hundred twenty-two-a of the insurance law[;
  (x)  up  to  forty  million  dollars for the period January first, two
thousand nine through December thirty-first, two thousand nine, of which
fifty percentum shall be allocated to the program  pursuant  to  section
four  thousand three hundred twenty-one-a of the insurance law and fifty
percentum shall be allocated to the program  pursuant  to  section  four
thousand three hundred twenty-two-a of the insurance law;
  (xi)  up  to  forty  million dollars for the period January first, two
thousand ten through December thirty-first, two thousand ten,  of  which
fifty  percentum  shall  be allocated to the program pursuant to section
four thousand three hundred twenty-one-a of the insurance law and  fifty
percentum  shall  be  allocated  pursuant to section four thousand three
hundred twenty-two-a of the insurance law; and
  (xii) up to ten million dollars for  the  period  January  first,  two
thousand  eleven  through  March  thirty-first,  two thousand eleven, of
which fifty percentum shall be allocated pursuant to section four  thou-
sand three hundred twenty-one-a of the insurance law and fifty percentum
shall be allocated pursuant to section four thousand three hundred twen-
ty-two-a of the insurance law].
  (h)  Funds  shall  be  reserved  and accumulated from year to year and
shall be available, including income from invested funds,  for  purposes
of  services  and  expenses  related  to the healthy New York individual
program established pursuant to sections  four  thousand  three  hundred
twenty-six and four thousand three hundred twenty-seven of the insurance
law  from the tobacco control and insurance initiatives pool established
for the following periods in the following amounts:
  (i) up to six million dollars for the period January first, two  thou-
sand one through December thirty-first, two thousand one;
  (ii)  up  to twenty-nine million dollars for the period January first,
two thousand two through December thirty-first, two thousand two;

S. 249--A                          13                          A. 162--A

  (iii) up to five million one hundred thousand dollars for  the  period
January  first,  two  thousand  three through December thirty-first, two
thousand three;
  (iv)  up  to  twenty-four million six hundred thousand dollars for the
period January first, two thousand four through  December  thirty-first,
two thousand four;
  (v)  up  to  thirty-four  million six hundred thousand dollars for the
period January first, two thousand five through  December  thirty-first,
two thousand five;
  (vi)  up  to fifty-four million eight hundred thousand dollars for the
period January first, two thousand six  through  December  thirty-first,
two thousand six;
  (vii)  up  to sixty-one million seven hundred thousand dollars for the
period January first, two thousand seven through December  thirty-first,
two thousand seven; AND
  (viii)  up  to  one hundred three million seven hundred fifty thousand
dollars for the period January first, two thousand eight through  Decem-
ber thirty-first, two thousand eight[;
  (ix)  up  to one hundred thirty-one million two hundred fifty thousand
dollars for the period January first, two thousand nine through December
thirty-first, two thousand nine;
  (x) up to one hundred eighty-one million two  hundred  fifty  thousand
dollars  for the period January first, two thousand ten through December
thirty-first, two thousand ten; and
  (xi) up to forty-five  million  three  hundred  twelve  thousand  five
hundred  dollars  for  the  period  January  first,  two thousand eleven
through March thirty-first, two thousand eleven].
  (i) Funds shall be reserved and accumulated  from  year  to  year  and
shall  be  available, including income from invested funds, for purposes
of services and expenses related to the healthy New York  group  program
established  pursuant to sections four thousand three hundred twenty-six
and four thousand three hundred twenty-seven of the insurance  law  from
the  tobacco  control and insurance initiatives pool established for the
following periods in the following amounts:
  (i) up to thirty-four million dollars for the  period  January  first,
two thousand one through December thirty-first, two thousand one;
  (ii) up to seventy-seven million dollars for the period January first,
two thousand two through December thirty-first, two thousand two;
  (iii)  up  to ten million five hundred thousand dollars for the period
January first, two thousand three  through  December  thirty-first,  two
thousand three;
  (iv)  up  to  twenty-four million six hundred thousand dollars for the
period January first, two thousand four through  December  thirty-first,
two thousand four;
  (v)  up  to  thirty-four  million six hundred thousand dollars for the
period January first, two thousand five through  December  thirty-first,
two thousand five;
  (vi)  up  to fifty-four million eight hundred thousand dollars for the
period January first, two thousand six  through  December  thirty-first,
two thousand six;
  (vii)  up  to sixty-one million seven hundred thousand dollars for the
period January first, two thousand seven through December  thirty-first,
two thousand seven; AND
  (viii)  up  to  one hundred three million seven hundred fifty thousand
dollars for the period January first, two thousand eight through  Decem-
ber thirty-first, two thousand eight[;

S. 249--A                          14                          A. 162--A

  (ix)  up  to one hundred thirty-one million two hundred fifty thousand
dollars for the period January first, two thousand nine through December
thirty-first, two thousand nine;
  (x)  up  to  one hundred eighty-one million two hundred fifty thousand
dollars for the period January first, two thousand ten through  December
thirty-first, two thousand ten; and
  (xi)  up  to  forty-five  million  three  hundred twelve thousand five
hundred dollars for  the  period  January  first,  two  thousand  eleven
through March thirty-first, two thousand eleven].
  (i-1) Notwithstanding the provisions of paragraphs (h) and (i) of this
subdivision,  the  commissioner  shall  reserve and accumulate up to two
million five hundred thousand dollars annually for the  periods  January
first,  two  thousand  four  through December thirty-first, two thousand
six, one million four hundred thousand dollars for  the  period  January
first,  two  thousand  seven through December thirty-first, two thousand
seven, two million dollars for the period January  first,  two  thousand
eight  through  December  thirty-first, two thousand eight, [two million
dollars for the period January first, two thousand nine through December
thirty-first, two thousand nine, two  million  dollars  for  the  period
January first, two thousand ten through December thirty-first, two thou-
sand  ten,  and  five  hundred  thousand  dollars for the period January
first, two thousand eleven  through  March  thirty-first,  two  thousand
eleven] from funds otherwise available for distribution under such para-
graphs  for  the  services and expenses related to the pilot program for
entertainment industry employees included in subsection (b)  of  section
one  thousand  one hundred twenty-two of the insurance law, and an addi-
tional seven hundred thousand dollars annually for the  periods  January
first,  two  thousand  four  through December thirty-first, two thousand
six, an additional three hundred thousand dollars for the period January
first, two thousand seven through June thirtieth, two thousand seven for
services and expenses related to the pilot program for displaced workers
included in subsection (c) of section one thousand one  hundred  twenty-
two of the insurance law.
  S  6. This act shall take effect immediately; provided that the amend-
ments to section 2807-s of the public health law made by section four of
this act shall not affect the expiration of such section  and  shall  be
deemed  expired  therewith;  and  the  amendments  to paragraph (i-1) of
subdivision 1 of section 2807-v of the public health law made by section
five of this act shall not affect the repeal of such paragraph and shall
be deemed repealed therewith.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, 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  3.  This  act shall take effect immediately provided, however, that
the applicable effective date of Parts A through I of this act shall  be
as specifically set forth in the last section of such Parts.

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Senate Bill S249

Signed By Governor

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Feb 3, 2009 - Floor Vote

Floor Vote: Feb 3, 2009

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Senate Bill S249

Signed By Governor

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Archive: Last Bill Status - Signed by Governor

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2009-S249 - Details

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