Provides for emergency appropriation for the period April 1, 2010 through June 3, 2010
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| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| May 24, 2010 |
referred to ways and means |
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 7924 A. 11173
S E N A T E - A S S E M B L Y
May 24, 2010
___________
IN SENATE -- Introduced by COMMITTEE ON RULES -- (at request of the
Governor) -- read twice and ordered printed, and when printed to be
committed to the Committee on Finance
IN ASSEMBLY -- Introduced by COMMITTEE ON RULES -- (at request of the
Governor) -- read once and referred to the Committee on Ways and Means
AN ACT making appropriations for the support of government; to amend
chapter 20 of the laws of 2010, relating to making appropriations for
the support of government; to amend chapter 46 of the laws of 2010,
relating to making appropriations for the support of government; to
amend chapter 47 of the laws of 2010, relating to making appropri-
ations for the support of government; and to amend chapter 75 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 80
of the laws of 2010, is amended to read as follows:
S 2. The sum of one billion [six] EIGHT hundred [fifty-three] EIGHTEEN
million [six] THREE hundred [thirty-six] SIX thousand dollars
[($1,653,636,000)] ($1,818,306,000), 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-
cers and for the purposes specified, which amount shall be available for
the state fiscal year beginning April 1, 2010.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12243-02-0
S. 7924 2 A. 11173
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 [May 26] JUNE 3,
2010 to state officers and employees of
the executive branch, including the gover-
nor, 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 ................. [1,653,636,000] 1,818,306,000
==============
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 80
of the laws of 2010, is amended to read as follows:
S 3. The sum of one hundred [fifty] SIXTY-SIX million [six hundred
seventy-nine] SEVEN HUNDRED NINETY thousand dollars [($150,679,000)]
($166,790,000), or so much thereof as shall be sufficient to accomplish
the purpose designated, is hereby appropriated out of any moneys in the
general fund to the credit of the state purposes account not otherwise
appropriated for the purpose of paying to the social security contrib-
ution fund, the state's share, as employer, of the payroll tax for
payrolls scheduled to be paid during the period April 1 through [May 26]
JUNE 3, 2010, including liabilities incurred prior to April 1, 2010 ....
.............................................. [150,679,000] 166,790,000
==============
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 80
of the laws of 2010, is amended to read as follows:
S 4. The sum of one hundred [three] FOUR thousand dollars [($103,000)]
($104,000), 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 associ-
ation 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 comp-
troller is hereby authorized and directed to utilize this appropriation
for the purpose of making scheduled teachers insurance and annuity asso-
ciation and college retirement equities fund payments ..................
...................................................... [103,000] 104,000
==============
S. 7924 3 A. 11173
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 80
of the laws of 2010, is amended to read as follows:
S 6. The [amount] SEVERAL AMOUNTS specified in this section, or so
much thereof as shall be sufficient to accomplish the [purpose] PURPOSES
designated, [is] ARE hereby appropriated and authorized to be paid as
hereinafter provided, to the respective public officers and for the
[purpose] SEVERAL PURPOSES specified, which [amount] AMOUNTS shall be
available for the state fiscal year beginning April 1, 2010.
THE JUDICIARY
For the payment of state operations nonpersonal service liabilities,
the sum of [forty-three] FORTY-FIVE million dollars [($43,000,000)]
($45,000,000), or so much thereof as shall be sufficient to accomplish
the purpose designated, is hereby appropriated to the judiciary out of
any moneys in the general fund to the credit of the state purposes
account not otherwise appropriated. The comptroller is hereby authorized
and directed to utilize this appropriation for the purpose of making
payments for nonpersonal service liabilities incurred by the judiciary
from April 1 through May [23] 31, 2010 ......... [43,000,000] 45,000,000
==============
THE SUM OF FOUR MILLION DOLLARS ($4,000,000), OR SO MUCH THEREOF AS
SHALL BE SUFFICIENT TO ACCOMPLISH THE PURPOSE DESIGNATED, IS HEREBY
APPROPRIATED TO THE JUDICIARY OUT OF ANY MONEYS IN THE SPECIAL REVENUE
FUNDS - OTHER / AID TO LOCALITIES, COURT FACILITY INCENTIVE AID FUND -
340 FOR SERVICES AND EXPENSES RELATED TO COURT CLEANING AND MINOR
REPAIRS, INTEREST AID, APPELLATE AID AND JUDICIAL INSTITUTE FINANCING
PAYMENTS ..................................................... 4,000,000
==============
S 6. Section 5 of chapter 20 of the laws of 2010, relating to making
appropriations for the support of government, as amended by chapter 80
of the laws of 2010, is amended to read as follows:
S 5. The amount specified in this section, or so much thereof as shall
be sufficient to accomplish the purpose designated, is hereby appropri-
ated and authorized to be paid as hereinafter provided, to the public
officers and for the purposes specified, which amount shall be available
for the state fiscal year beginning April 1, 2010.
ALL STATE DEPARTMENTS AND AGENCIES
For the payment of state operations nonper-
sonal service liabilities, including the
legislature, including contracts approved
prior to, on, and after April 1, 2010 for
liabilities incurred in the ordinary
course of business, during the period
April 1 through May [23] 31, 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-
S. 7924 4 A. 11173
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 ........... [125,000,000] 145,000,000
==============
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 80
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) ............... 100,000,000
--------------
Federal Capital Projects Fund - 291
American Recovery and Reinvestment Act Purpose
The sum of sixty million dollars ($60,000,000), or so much thereof as
shall be sufficient to accomplish the purpose designated, is hereby
appropriated for contracts approved prior to April 1, 2010 for the
payment by the state of the federal share of transportation related
capital projects liabilities funded by the American Recovery and Rein-
vestment Act of 2009 incurred in the ordinary course of business from
April 1 through May [23] 31, 2010, pursuant to existing state law and
for purposes for which the legislature authorized the expenditures of
money during the 2009-2010 fiscal year; provided, however, that nothing
contained herein shall be deemed to limit or restrict the power or
authority of state departments or agencies to conduct their activities
or operations in accordance with existing law, and further provided that
nothing contained herein shall be deemed to supersede, nullify, or modi-
fy the provisions of section 40 of the state finance law prescribing
when appropriations made for the 2009-2010 fiscal year shall have ceased
to have force and effect. Funds appropriated herein shall be subject to
all applicable reporting and accountability requirements contained in
such act .................................................... 60,000,000
==============
The sum of forty million dollars ($40,000,000), or so much thereof as
shall be sufficient to accomplish the purpose designated, is hereby
appropriated for contracts approved for purposes for which the legisla-
ture authorized the expenditures of money during the 2009-2010 fiscal
year. An amount up to forty million dollars ($40,000,000) shall be
available for the payment by the state of the federal share of [related]
transportation RELATED capital projects liabilities, funded by the Amer-
ican Recovery and Reinvestment Act of 2009 incurred in the ordinary
S. 7924 5 A. 11173
course of business during the period from April 1 through May [23] 31,
2010 for contracts approved during the period April 1 through May [23]
31, 2010, provided, however, that nothing contained herein shall be
deemed to limit or restrict the power or authority of state departments
or agencies to conduct their activities or operations in accordance with
existing law, and further provided that nothing contained herein shall
be deemed to supersede, nullify, or modify the provisions of section 40
of the state finance law prescribing when appropriations made for the
2009-2010 fiscal year shall have ceased to have force and effect. Funds
appropriated herein shall be subject to all applicable reporting and
accountability requirements contained in such act ........... 40,000,000
==============
S 8. Section 7 of chapter 20 of the laws of 2010, relating to making
appropriations for the support of government, as amended by chapter 80
of the laws of 2010, is amended to read as follows:
S 7. The [amount] SEVERAL AMOUNTS specified in this section, or so
much thereof as shall be sufficient to accomplish the [purpose] PURPOSES
designated, [is] ARE hereby appropriated and authorized to be paid as
hereinafter provided, to the RESPECTIVE public officers and for the
SEVERAL purposes specified, which [amount] AMOUNTS shall be available
for the state fiscal year beginning April 1, 2010.
ALL STATE DEPARTMENTS AND AGENCIES
The sum of [twenty] TWENTY-FIVE million dollars [($20,000,000)]
($25,000,000), or so much thereof as shall be sufficient to accomplish
the purpose designated, is hereby appropriated for contracts approved in
accordance with section 112 of the state finance law for purposes for
which the legislature authorized the expenditures of money during the
2009-2010 fiscal year. An amount up to [twenty] TWENTY-FIVE million
dollars [($20,000,000)] ($25,000,000) shall be available for the payment
of capital projects liabilities, including any contractual services
liabilities of the engineering services fund, incurred to address emer-
gency health and safety needs as certified by the director of budget
during the period from April 1 through May [23] 31, 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 activ-
ities or operations in accordance with existing law, and further
provided that nothing contained herein shall be deemed to supersede,
nullify, or modify the provisions of section 40 of the state finance law
prescribing when appropriations made for the 2009-2010 fiscal year shall
have ceased to have force and effect ........... [20,000,000] 25,000,000
==============
THE SUM OF FIFTEEN MILLION DOLLARS ($15,000,000), OR SO MUCH THEREOF
AS SHALL BE SUFFICIENT TO ACCOMPLISH THE PURPOSE DESIGNATED, IS HEREBY
APPROPRIATED FOR CONTRACTS APPROVED IN ACCORDANCE WITH SECTION 112 OF
THE STATE FINANCE LAW FOR PURPOSES FOR WHICH THE LEGISLATURE AUTHORIZED
THE EXPENDITURES OF MONEY DURING THE 2009-2010 FISCAL YEAR. AN AMOUNT UP
TO FIFTEEN MILLION DOLLARS ($15,000,000) SHALL BE AVAILABLE FOR THE
PAYMENT OF CAPITAL PROJECTS LIABILITIES INCURRED DURING THE PERIOD FROM
APRIL 1 THROUGH APRIL 11, 2010 FOR CONTRACTS APPROVED PRIOR TO APRIL 1,
2010, PROVIDED, HOWEVER, THAT NOTHING CONTAINED HEREIN SHALL BE DEEMED
TO LIMIT OR RESTRICT THE POWER OR AUTHORITY OF STATE DEPARTMENTS OR
S. 7924 6 A. 11173
AGENCIES TO CONDUCT THEIR ACTIVITIES OR OPERATIONS IN ACCORDANCE WITH
EXISTING LAW, AND FURTHER PROVIDED THAT NOTHING CONTAINED HEREIN SHALL
BE DEEMED TO SUPERSEDE, NULLIFY, OR MODIFY THE PROVISIONS OF SECTION 40
OF THE STATE FINANCE LAW PRESCRIBING WHEN APPROPRIATIONS MADE FOR THE
2009-2010 FISCAL YEAR SHALL HAVE CEASED TO HAVE FORCE AND EFFECT .......
............................................................. 15,000,000
==============
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 80
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 .......... [60,000,000] 100,000,000
--------------
Federal Capital Projects Fund - 291
Federal Aid Highways Purpose
The sum of [forty] EIGHTY million dollars [($40,000,000)]
($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 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 May [23] 31, 2010, for
projects that do not contain any state funding shares, and from April 1
through April [18] 25, for projects containing state funding shares that
are eligible to be funded by bond proceeds, and only to the extent that
bond proceeds are available, pursuant to existing state law and for
purposes for which the legislature authorized the expenditures of money
during the 2009-2010 fiscal year; provided, however, that nothing
contained herein shall be deemed to limit or restrict the power or
authority of state departments or agencies to conduct their activities
or operations in accordance with existing law, and further provided that
nothing contained herein shall be deemed to supersede, nullify, or modi-
fy the provisions of section 40 of the state finance law prescribing
when appropriations made for the 2009-2010 fiscal year shall have ceased
to have force and effect. Funds appropriated herein shall not be avail-
able for the payment of liabilities funded by the American Recovery and
Reinvestment Act of 2009 ....................... [40,000,000] 80,000,000
==============
The sum of twenty million dollars ($20,000,000), or so much thereof as
shall be sufficient to accomplish the purpose designated, is hereby
appropriated for contracts approved during the period from April 1
through May [23] 31, 2010 for the payment by the state of the federal
share of transportation related capital projects liabilities as provided
S. 7924 7 A. 11173
for in the Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users and any successive legislation incurred in the
ordinary course of business from April 1 through May [23] 31, 2010, for
projects that do not contain any state funding shares OR FOR PROJECTS
CONTAINING BOTH STATE FUNDING SHARES THAT ARE ELIGIBLE TO BE FUNDED BY
BOND PROCEEDS TO THE EXTENT THAT SUCH BOND PROCEEDS ARE AVAILABLE AND
FEDERAL SHARES FUNDED BY THE AMERICAN 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 liabil-
ities funded by the American Recovery and Reinvestment Act of 2009 .....
............................................................. 20,000,000
==============
NEW YORK STATE AGENCY FUND (CCP) ................ [5,000,000] 10,000,000
--------------
Fiduciary Funds/Capital Projects
Highway Costs Improvement Accounts
Non-Federal Aided Highway Purpose
The sum of [five] TEN million dollars [($5,000,000)] ($10,000,000), or
so much thereof as shall be sufficient to accomplish the purpose desig-
nated, 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 transportation law incurred in the ordinary course of
business from April 1 through May [23] 31, 2010 ........................
................................................. [5,000,000] 10,000,000
==============
S 9-a. Section 9-a of chapter 75 of the laws of 2010, relating to
making appropriations for the support of government, as amended by chap-
ter 80 of the laws of 2010, is amended to read as follows:
S 9-a. The amount specified in this section, or so much thereof as
shall be sufficient to accomplish the purpose designated, is hereby
appropriated and authorized to be paid as hereinafter provided, to the
public officers and for the purpose specified, which amount shall be
available for the state fiscal year beginning April 1, 2010.
DEPARTMENT OF TRANSPORTATION
The sum of [ten] FIFTEEN million dollars [($10,000,000)]
($15,000,000), or so much thereof as shall be sufficient to accomplish
the purpose designated, is hereby appropriated for contracts approved
prior to April 1, 2010 for the payment by the state of the state share
of transportation related capital projects liabilities including
construction inspection, funded by the dedicated highway and bridge
S. 7924 8 A. 11173
trust fund - non-federal aided highway purpose and preparation of plans
purpose and/or the [New York] rebuild and renew New York transportation
bond act of 2005 - highway facilities purpose incurred in the ordinary
course of business from April 1 through April [18] 25, 2010 only for the
shares of projects that are eligible to be funded by bond proceeds, and
only to the extent that bond proceeds are available, pursuant to exist-
ing state law and for purposes for which the legislature authorized the
expenditures of money during the 2009-2010 fiscal year; provided, howev-
er, that nothing contained herein shall be deemed to limit or restrict
the power or authority of state departments or agencies to conduct their
activities or operations in accordance with existing law, and further
provided that nothing contained herein shall be deemed to supersede,
nullify, or modify the provisions of section 40 of the state finance law
prescribing when appropriations made for the 2009-2010 fiscal year shall
have ceased to have force and effect ........... [10,000,000] 15,000,000
==============
S 9-b. The amount specified in this section, or so much thereof as
shall be sufficient to accomplish the purpose designated, is hereby
appropriated and authorized to be paid as hereinafter provided, to the
public officers and for the purpose specified, which amount shall be
available for the state fiscal year beginning April 1, 2010.
DEPARTMENT OF TRANSPORTATION
The sum of one million dollars ($1,000,000), or so much thereof as
shall be sufficient to accomplish the purpose designated, is hereby
appropriated for contracts approved during the period from April 1, 2010
through May 31, 2010, for the payment by the state of the state share of
transportation related capital projects liabilities incurred in the
ordinary course of business from April 1, 2010 through May 31, 2010,
including construction inspection, funded by the dedicated highway and
bridge trust fund - non-federal aided highway purpose and preparation of
plans purpose and/or the rebuild and renew New York transportation bond
act of 2005 - highway facilities purpose, only for the shares of
projects that are eligible to be funded by bond proceeds, only to the
extent that bond proceeds are available, and only for 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 10. The several amounts specified in this section, or so much there-
of as shall be sufficient to accomplish the purposes designated, are
hereby appropriated and authorized to be paid as hereinafter provided,
to the respective public officers and for the several purposes speci-
fied, which amounts shall be available for the state fiscal year begin-
ning April 1, 2010.
S. 7924 9 A. 11173
DEPARTMENT OF HEALTH
ELDERLY PHARMACEUTICAL INSURANCE COVERAGE PROGRAM ........... 17,000,000
--------------
Special Revenue Funds - Other / Aid to Localities
Miscellaneous Special Revenue Fund - 339
EPIC Premium Account
For services and expenses of the program for
elderly pharmaceutical insurance coverage,
including reimbursement to pharmacies
participating in such program.
The moneys hereby appropriated shall be
available for payment of financial assist-
ance heretofore accrued or hereafter to
accrue ...................................... 17,000,000
--------------
MEDICAL ASSISTANCE PROGRAM ............................... 1,450,000,000
--------------
General Fund / Aid to Localities
Local Assistance Account - 001
For the medical assistance program, exclu-
sive of expenses incurred by local
districts for administration of the
medical assistance program and for medical
care rates for authorized child care agen-
cies.
The money hereby appropriated is to be
available for payment of aid heretofore
accrued to municipalities, and to provid-
ers of medical services pursuant to
section 367-b of the social services law,
and for payment of state aid to munici-
palities and to providers of family care
where payment systems through the fiscal
intermediaries are not operational, and
shall be available to the department net
of disallowances, refunds, reimbursements,
and credits.
Notwithstanding any inconsistent provision
of law, moneys hereby appropriated may be
used for transfer to the federal revenue
maximization contract fund, pursuant to
the provisions of the state finance law.
Notwithstanding any inconsistent provision
of law, the moneys hereby appropriated may
be increased or decreased by interchange
with any appropriation of the department
of health medical assistance adminis-
tration program and/or medical assistance
program, and may be increased or decreased
by transfer or suballocation between these
S. 7924 10 A. 11173
appropriated amounts and appropriations of
the department of social services or its
successor agencies with the approval of
the director of the budget, who shall file
such approval with the department of audit
and control and copies thereof with the
chairman of the senate finance committee
and the chairman of the assembly ways and
means committee.
Notwithstanding any inconsistent provision
of law, the money hereby appropriated
shall not be used for any existing rates,
fees, fee schedules, or procedures which
may affect the cost of care and services
provided by personal care providers, case
managers, health maintenance organiza-
tions, out of state medical facilities
which provide care and services to resi-
dents of the state, providers of transpor-
tation services, that are altered,
amended, adjusted or otherwise changed by
a local social services district unless
previously approved by the department of
health and the director of the budget.
For services and expenses of the medical
assistance program including hospital
inpatient services .......................... 82,000,000
For services and expenses of the medical
assistance program including hospital
outpatient and emergency room services ...... 15,000,000
For services and expenses of the medical
assistance program including clinic
services .................................... 14,000,000
For services and expenses of the medical
assistance program including nursing home
services ................................... 148,000,000
For services and expenses of the medical
assistance program including other long
term care services ......................... 111,000,000
For services and expenses of the medical
assistance program including managed care
services ................................... 124,000,000
For services and expenses of the medical
assistance program including pharmacy
services .................................... 65,000,000
For services and expenses of the medical
assistance program including transporta-
tion services ................................ 6,000,000
For services and expenses of the medical
assistance program including dental
services ..................................... 3,000,000
For services and expenses of the medical
assistance program including non-institu-
tional and other spending ................... 32,000,000
--------------
S. 7924 11 A. 11173
Program account subtotal ................. 600,000,000
--------------
Special Revenue Funds - Federal / Aid to Localities
Federal Health, Education and Human Services Fund - 265
Medicaid Direct Account
For services and expenses for the medical
assistance program, excluding administra-
tive expenses, pursuant to title XIX of
the federal social security act or its
successor program.
The moneys hereby appropriated are to be
available for payment of aid heretofore
accrued to municipalities, and to provid-
ers of medical services pursuant to
section 367-b of the social services law,
and for payment of state aid to munici-
palities and to providers of family care
where payment systems through the fiscal
intermediaries are not operational, and
shall be available to the department net
of disallowances, refunds, reimbursements,
and credits.
For services and expenses of the medical
assistance program including hospital
inpatient services .......................... 90,000,000
For services and expenses of the medical
assistance program including hospital
outpatient and emergency room services ...... 15,000,000
For services and expenses of the medical
assistance program including clinic
services .................................... 15,000,000
For services and expenses of the medical
assistance program including nursing home
services ................................... 163,000,000
For services and expenses of the medical
assistance program including other long
term care services ......................... 123,000,000
For services and expenses of the medical
assistance program including managed care
services ................................... 137,000,000
For services and expenses of the medical
assistance program including pharmacy
services .................................... 72,000,000
For services and expenses of the medical
assistance program including transporta-
tion services ................................ 6,000,000
For services and expenses of the medical
assistance program including dental
services ..................................... 4,000,000
For services and expenses of the medical
assistance program including non-institu-
tional and other spending ................... 35,000,000
--------------
S. 7924 12 A. 11173
Program account subtotal ................. 660,000,000
--------------
Special Revenue Funds - Federal / Aid to Localities
Federal Health and Human Services Fund - 265
Medicaid Direct Account
For services and expenses of the medical
assistance program including hospital
inpatient, hospital outpatient and emer-
gency room, clinic, nursing home, other
long term care, managed care, pharmacy,
transportation, dental, non-institutional
and other spending, medical services
provided at state facilities operated by
the office of mental health, the office of
mental retardation and developmental disa-
bilities and the office of alcoholism and
substance abuse services and for any other
medical assistance services resulting from
an increase in the federal medical assist-
ance percentage ............................ 190,000,000
--------------
Program account subtotal ................. 190,000,000
--------------
S 11. The amount specified in this section, or so much thereof as
shall be sufficient to accomplish the purposes designated, is hereby
appropriated and authorized to be paid as hereinafter provided, to the
respective public officers and for the several purposes specified, which
amount shall be available for the state fiscal year beginning April 1,
2010.
DEPARTMENT OF LABOR
UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ..................... 195,000,000
--------------
Enterprise Funds / State Operations
Unemployment Insurance Benefit Fund - 481
For payment of unemployment insurance bene-
fits pursuant to article 18 of the labor
law or as authorized by the Federal
government through the disaster unemploy-
ment assistance program .................... 195,000,000
--------------
S 12. The amount specified in this section, or so much thereof as
shall be sufficient to accomplish the purpose designated, is hereby
appropriated and authorized to be paid as hereinafter provided, to the
public officers and for the purpose specified, which amount shall be
available for the state fiscal year beginning April 1, 2010.
DEPARTMENT OF MENTAL HYGIENE
OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES
S. 7924 13 A. 11173
COMMUNITY SERVICES PROGRAM ................................... 2,000,000
--------------
Notwithstanding the provisions of section
16.23 of the mental hygiene law and any
other inconsistent provision of law, with
relation to the operation of certified
family care homes, including family care
homes sponsored by voluntary not-for-pro-
fit agencies, moneys from this appropri-
ation may be used for payments to purchase
general services including but not limited
to respite providers, up to a maximum of
14 days, at rates to be established by the
commissioner and approved by the director
of the budget in consideration of factors
including, but not limited to, geographic
area and number of clients cared for in
the home and for payment at the rate of
$600 per year on the basis of financial
need for the personal needs of each client
residing in the family care home.
Notwithstanding the provisions of subdivi-
sion 12 of section 8 of the state finance
law and any other inconsistent provision
of law, moneys from this appropriation may
be used for expenses of family care homes
including payments to operators of certi-
fied family care homes for damages caused
by clients to personal and real property
in accordance with standards established
by the commissioner and approved by the
director of the budget.
For services and expenses related to the
provision of family care services ............ 2,000,000
--------------
S 13. The amount specified in this section, or so much thereof as
shall be sufficient to accomplish the purpose designated, is hereby
appropriated and authorized to be paid as hereinafter provided, to the
public officers and for the purpose specified, which amount shall be
available for the state fiscal year beginning April 1, 2010.
LOCAL GOVERNMENT ASSISTANCE
AID AND INCENTIVES FOR MUNICIPALITIES ....................... 11,138,869
--------------
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:
S. 7924 14 A. 11173
For base level grants to municipalities ....... 11,138,869
--------------
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 14. The several amounts specified in this section, or so much there-
of as shall be sufficient to accomplish the purposes designated, are
hereby appropriated and authorized to be paid as hereinafter provided,
to the respective public officers and for the several purposes speci-
fied, which amounts shall be available for the state fiscal year begin-
ning April 1, 2010.
EDUCATION DEPARTMENT
ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION
PROGRAM ................................................ 1,497,000,000
--------------
General Fund / Aid to Localities
Local Assistance Account - 001
The sum of one billion two hundred and fifty-seven million dollars
($1,257,000,000), or so much thereof as shall be sufficient to accom-
plish the purpose designated, is hereby appropriated to the state educa-
tion department out of any moneys in the general fund to the credit of
the local assistance account not otherwise appropriated. The comptroller
is hereby authorized and directed to utilize this appropriation for the
purpose of making mandated payments for the state fiscal year beginning
April 1, 2010 for the 2009-2010 school year for general support for
public schools, including support for boards of cooperative educational
services, payments of excess cost aid made pursuant to paragraphs a and
a-1 of subdivision 1 of section 3609-b of the education law, and
payments made to the Roosevelt Union Free School District pursuant to
section 5 of chapter 121 of the laws of 1996, as amended. Notwithstand-
ing any other provision of law to the contrary, in the event the direc-
tor of the budget determines that there are insufficient state funds to
make all payments calculated by the commissioner of education pursuant
to clause (v) of subparagraph (3) of paragraph b of subdivision 1 of
section 3609-a of the education law, subdivision 1 of section 3609-d of
the education law, or paragraph b of section 5 of chapter 121 of the
laws of 1996, as amended by chapter 33 of the laws of 2002, the commis-
sioner shall make payments on a prorated basis amongst all school
districts scheduled to receive an unpaid balance of a payment pursuant
to such provisions based on a plan approved by the director of the budg-
et. Notwithstanding any provision of law to the contrary, all moneys
paid pursuant to clause (v) of subparagraph (3) of paragraph b of subdi-
vision 1 of section 3609-a of the education law, subdivision 1 of
section 3609-d of the education law, and paragraph b of section 5 of
chapter 121 of the laws of 1996 shall be due and payable on or before
June 30, 2010 within amounts appropriated therefor ....... 1,257,000,000
==============
Special Revenue Funds - Other / Aid to Localities
S. 7924 15 A. 11173
State Lottery Fund - 160
The sum of two hundred forty million dollars ($240,000,000), or so
much thereof as shall be sufficient to accomplish the purpose desig-
nated, is hereby appropriated to the state education department out of
any moneys in the state lottery fund. The comptroller is hereby author-
ized and directed to utilize this appropriation for the purposes of
making mandated June payments for the 2009-10 school year for general
support for public schools. Notwithstanding any other provision of law
to the contrary, in the event the director of the budget determines that
there are insufficient state funds to make all payments pursuant to this
appropriation, the commissioner shall make such payments on a prorated
basis amongst all school districts scheduled to receive a payment pursu-
ant to this appropriation based upon a plan approved by the director of
the budget. Notwithstanding any provision of law to the contrary, all
moneys paid pursuant to this appropriation shall be due and payable on
or before June 30, 2010 within amounts appropriated therefor ...........
............................................................ 240,000,000
==============
S 15. No expenditure may be made from any appropriation in this act,
until a certificate of approval has been issued by the director of the
budget and a copy of such certificate shall have been filed with the
state comptroller, the chairman of the senate finance committee and the
chairman of the assembly ways and means committee provided, however,
that any expenditures from any appropriation in this act made by the
legislature or judiciary shall not require such certificate.
S 16. All expenditures and disbursements made against the appropri-
ations in this act shall, upon final action by the legislature on appro-
priation bills submitted by the governor pursuant to article VII of the
state constitution for the support of government for the state fiscal
year beginning April 1, 2010, be transferred by the comptroller as
expenditures and disbursements to such appropriations for all state
departments, agencies, the legislature and the judiciary, as applicable,
in amounts equal to the amounts charged against the appropriations in
this act for each such department, agency, the legislature and the judi-
ciary.
S 17. 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 18. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010; provided,
however, that upon the transfer of expenditures and disbursements by the
comptroller as provided in section sixteen of this act, the appropri-
ations made by this act and subject to such section shall be deemed
repealed.
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