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

    S. 23                                                      A. 23

                     Twentieth Extraordinary Session

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

                            December 2, 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

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

AN  ACT  to  amend  the  insurance  law, in relation to state funding of
  expenses associated with mental health parity  coverage  mandated  for
  small  business  group  health  insurance plans (Part A); to amend the
  public authorities law, in relation to authorizing  the  battery  park
  city  authority  to make contributions to the state treasury (Part B);
  in relation to  prefill  of  medications  and  rates  of  health  care
  payments  (Part C); to amend the state finance law, in relation to aid
  and incentives for municipalities to certain cities (Part D); to amend
  chapter 56 of the laws of 2009 relating to providing for the  adminis-
  tration  of  certain funds and accounts related to the 2009-10 budget,
  in relation to authorizing the state comptroller to  transfer  certain
  monies to the general fund (Part E); to amend the tax law, in relation
  to  those persons excluded from the definition of tax return preparers
  (Part F); to amend the education law,  in  relation  to  creating  the
  supplemental  deficit  reduction (Part G); in relation to the disposi-
  tion of monies recovered  by  county  district  attorneys  before  the
  filing  of  an  accusatory instrument; and providing for the repeal of
  such provisions upon expiration thereof (Part H)

  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 the state fiscal plan for the 2009-2010
state fiscal year. Each component is  wholly  contained  within  a  Part
identified  as Parts A through H. The effective date for each particular

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12172-01-9
              

S. 23                               2                              A. 23

provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing 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. Item (ii) of subparagraph (D) of paragraph 5 of  subsection
(l)  of  section 3221 of the insurance law, as amended by chapter 502 of
the laws of 2007, is amended to read as follows:
  (ii) The superintendent shall develop and implement a  methodology  to
[fully]  cover  the  cost  to any such group purchaser for providing the
coverage required in subparagraph (A) of this paragraph. Such  methodol-
ogy  shall be financed from [funds] MONEYS APPROPRIATED from the General
Fund that shall  be  made  available  to  the  superintendent  for  such
[purpose] PURPOSES, TO THE EXTENT OF FUNDS AVAILABLE.
  S 2. Subparagraph (B) of paragraph 4 of subsection (g) of section 4303
of  the insurance law, as amended by chapter 502 of the laws of 2007, is
amended to read as follows:
  (B) The superintendent shall develop and implement  a  methodology  to
[fully]  cover  the cost to any such group contract holder for providing
the coverage required in paragraph one of this subsection. Such  method-
ology  shall  be financed from moneys APPROPRIATED from the General Fund
that shall be made available to the superintendent  for  such  [purpose]
PURPOSES, TO THE EXTENT OF FUNDS AVAILABLE.
  S 3. Subparagraph (B) of paragraph 4 of subsection (h) of section 4303
of  the insurance law, as amended by chapter 502 of the laws of 2007, is
amended to read as follows:
  (B) The superintendent shall develop and implement  a  methodology  to
[fully]  cover  the  cost  to  any such group remittance group and group
contract holder for providing the coverage required in paragraph one  of
this  subsection.  Such methodology shall be financed from moneys APPRO-
PRIATED from the General Fund that shall be made available to the super-
intendent for such [purpose] PURPOSES, TO THE EXTENT OF FUNDS AVAILABLE.
  S 4. This act shall take effect immediately.

                                 PART B

  Section 1. Subdivision 2 of section 1975  of  the  public  authorities
law, as added by section 1 of part AA of chapter 59 of the laws of 2009,
is amended to read as follows:
  2. Notwithstanding any provision of law to the contrary, the authority
is  hereby authorized to contribute [twenty] TWO HUNDRED million dollars
to the state treasury to the credit of the general fund.
  S 2. This act shall take effect immediately.

                                 PART C

  Section 1.  1. Notwithstanding any provision of law or  regulation  to
the  contrary,  the  commissioner of education, in consultation with the
state board for nursing and the state board of pharmacy,  shall  promul-
gate  guidelines  which  allow  for  the  prefill of up to a fifteen day
supply of medication prescribed by a physician or other authorized prac-

S. 23                               3                              A. 23

titioner and provided to an  individual  by  a  registered  professional
nurse for individuals receiving home care services ordered by an author-
ized  practitioner  and  provided  under the supervision of a registered
professional  nurse. Such guidelines shall be promulgated within 30 days
of the effective date of this section.
  2. The commissioner of education,  in  consultation  with  such  state
boards,  shall examine the experiences pursuant to the guidelines estab-
lished pursuant to this section and, on or before April 1, 2011,  recom-
mend to the governor and the legislature any changes as may be necessary
to this section.
  S  2.  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, in determining  rates  of  payments  by
state  governmental  agencies  effective  for  services provided for the
period January 1, 2010 through March 31, 2010, for inpatient and  outpa-
tient services provided by general hospitals, for inpatient 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, long term home health care
programs  and  AIDS  home  care programs, and for personal care services
provided pursuant to section 365-a  of  the  social  services  law,  the
commissioner of health shall apply zero trend factor projections attrib-
utable  to  the  2010  calendar year in accordance with paragraph (c) of
subdivision 10 of section 2807-c of the  public  health  law,  provided,
however,  that such zero trend factor projections for such 2010 calendar
year shall also be  applied  to  rates  of  payment  for  personal  care
services provided in those local social service districts, including New
York  city,  whose rates of payment for such services are established by
such local social service districts pursuant to a rate-setting exemption
issued by the commissioner  of  health  to  such  local  social  service
districts  in  accordance  with  applicable  regulations,  and  provided
further, however, that for rates of payment for assisted living  program
services provided for the period January 1, 2010 through March 31, 2010,
trend factor projections attributable to the 2010 calendar year shall be
established at zero percent.
  2. The commissioner of health shall adjust rates of payment to reflect
the  exclusion  pursuant  to this section of such specified trend factor
projections or adjustments.
  S 3. Notwithstanding section 179-f of the state finance  law,  section
2818  of  the public health law, or any other contrary provision of law,
upon a determination by the commissioner of health and the  director  of
the  budget  that  state  fiscal constraints require a delay in payments
made pursuant to contracts entered into pursuant to section 2818 of  the
public  health law, the commissioner of health shall be authorized, with
the approval of the state budget director, to delay such payments  which
are  due prior to April 1, 2010, until the later of April 1, 2010 or the
enactment of a budget for the 2010-2011  state  fiscal  year,  and  such
delay  shall not result in the payment of interest by the state pursuant
to section 179-f of the state finance  law  or  pursuant  to  any  other
otherwise  applicable law. Such contracts shall otherwise remain in full
force and effect.

S. 23                               4                              A. 23

  S 4. Notwithstanding any inconsistent provision of law, rule or  regu-
lation, for purposes of implementing the provisions of the public health
law and the social services law, references to titles XIX and XXI of the
federal  social  security  act  in  the public health law and the social
services  law  shall be deemed to include and also to mean any successor
titles thereto under the federal social security act.
  S 5. Notwithstanding any inconsistent provision of law, rule or  regu-
lation, the effectiveness of the provisions of sections 2807 and 3614 of
the  public health law, section 18 of chapter 2 of the laws of 1988, and
18 NYCRR 505.14(h), as they relate to time frames for  notice,  approval
or  certification  of rates of payment, are hereby suspended and without
force or effect for purposes of implementing the provisions of this act.
  S 6. This act shall take effect immediately, provided however that:
  1. any rules or regulations necessary to implement the  provisions  of
this  act  may be promulgated and any procedures, forms, or instructions
necessary for such implementation may be adopted and issued on or  after
the date this act shall have become a law;
  2. this act shall not be construed to alter, change, affect, impair or
defeat any rights, obligations, duties or interests accrued, incurred or
conferred prior to the effective date of this act;
  3.  the commissioner of health and the superintendent of insurance and
any appropriate council may take any steps necessary to  implement  this
act prior to its effective date;
  4. notwithstanding any inconsistent provision of the state administra-
tive  procedure  act  or any other provision of law, rule or regulation,
the commissioner of health and the superintendent of insurance  and  any
appropriate  council is authorized to adopt or amend or promulgate on an
emergency basis any regulation he or  she  or  such  council  determines
necessary to implement any provision of this act on its effective date;
  5.  the  provisions of this act shall become effective notwithstanding
the failure of the commissioner  of  health  or  the  superintendent  of
insurance  or  any  council  to adopt or amend or promulgate regulations
implementing this act.

                                 PART D

  Section 1. Subdivision 10 of section 54 of the state finance  law,  is
amended by adding a new paragraph e-1 to read as follows:
  E-1. DEFICIT REDUCTION ADJUSTMENT. NOTWITHSTANDING PARAGRAPH B OF THIS
SUBDIVISION,  IN THE STATE FISCAL YEAR COMMENCING APRIL FIRST, TWO THOU-
SAND NINE THE BASE LEVEL GRANT TO EACH CITY WITH A  POPULATION  OF  LESS
THAN ONE MILLION WHOSE FISCAL YEAR DOES NOT BEGIN ON JANUARY FIRST SHALL
EQUAL  SUCH  CITY'S  PRIOR YEAR AID MINUS A DEFICIT REDUCTION ADJUSTMENT
CALCULATED IN ACCORDANCE WITH THE FOLLOWING:
  (I) WHEN USED IN THIS PARAGRAPH, UNLESS OTHERWISE EXPRESSLY STATED:
  (1) "2008-09 AIM FUNDING" SHALL MEAN THE SUM OF THE BASE  LEVEL  GRANT
PURSUANT TO THIS PARAGRAPH, ADDITIONAL ANNUAL APPORTIONMENTS PURSUANT TO
PARAGRAPH D OF THIS SUBDIVISION, PER CAPITA ADJUSTMENT PURSUANT TO PARA-
GRAPH  E  OF  THIS SUBDIVISION AND SPECIAL AID AND INCENTIVES TO CERTAIN
ELIGIBLE CITIES AS APPROPRIATED IN CHAPTER FIFTY  OF  THE  LAWS  OF  TWO
THOUSAND  EIGHT,  AS  AMENDED BY CHAPTER ONE OF THE LAWS OF TWO THOUSAND
NINE, APPORTIONED AND PAID  TO  SUCH  CITY  IN  THE  STATE  FISCAL  YEAR
COMMENCING APRIL FIRST, TWO THOUSAND EIGHT.
  (2) "2008 TOTAL REVENUES" SHALL MEAN "TOTAL REVENUES" FOR SUCH CITY AS
REPORTED  IN  THE STATE COMPTROLLER'S SPECIAL REPORT ON LOCAL GOVERNMENT

S. 23                               5                              A. 23

FINANCES FOR NEW YORK STATE FOR LOCAL FISCAL YEARS ENDED IN TWO THOUSAND
EIGHT.
  (3)  "AIM  RELIANCE"  SHALL  MEAN  2008-09  AIM FUNDING EXPRESSED AS A
PERCENTAGE OF 2008 TOTAL REVENUES.
  (II) THE DEFICIT REDUCTION ADJUSTMENT FOR EACH SUCH CITY SHALL EQUAL:
  (1) ONE PERCENT OF PRIOR YEAR AID IF SUCH CITY'S AIM RELIANCE  WAS  AT
LEAST TEN PERCENT,
  (2)  TWO  PERCENT OF PRIOR YEAR AID IF SUCH CITY'S AIM RELIANCE WAS AT
LEAST FIVE PERCENT BUT LESS THAN TEN PERCENT,
  (3) THREE PERCENT OF PRIOR YEAR AID IF SUCH CITY'S AIM RELIANCE WAS AT
LEAST ONE PERCENT BUT LESS THAN FIVE PERCENT, OR
  (4) EIGHT PERCENT OF PRIOR YEAR AID IF SUCH CITY'S  AIM  RELIANCE  WAS
LESS THAN ONE PERCENT.
  S  2. Paragraph i of subdivision 10 of section 54 of the state finance
law, is amended by adding a new subparagraph (vi) to read as follows:
  (VI) NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN THE  STATE
FISCAL  YEAR  COMMENCING  APRIL  FIRST,  TWO  THOUSAND  NINE THE DEFICIT
REDUCTION ADJUSTMENT TO THE BASE LEVEL GRANTS OF CERTAIN CITIES PURSUANT
TO PARAGRAPH E-ONE OF THIS SUBDIVISION SHALL BE MADE ON OR BEFORE  MARCH
FIFTEENTH, TWO THOUSAND TEN.
  S  3. Paragraph j of subdivision 10 of section 54 of the state finance
law, as amended by section 4 of part GG of chapter 56  of  the  laws  of
2009, is amended to read as follows:
  j.  Special  aid  and incentives for municipalities to the city of New
York. In the state fiscal year  commencing  April  first,  two  thousand
seven  a  city  with  a  population of one million or more shall receive
twenty million dollars on or before December  fifteenth.  In  the  state
fiscal  year  commencing  April first, two thousand eight, a city with a
population of one million or more shall receive two  hundred  forty-five
million  nine  hundred  forty-four  thousand  eight  hundred thirty-four
dollars payable on or before December fifteenth.  In  the  state  fiscal
year commencing April first, two thousand nine, and in each state fiscal
year  thereafter,  a city with a population of one million or more shall
receive [three hundred twenty-seven million  eight  hundred  eighty-nine
thousand  six hundred sixty-eight dollars] THREE HUNDRED ONE MILLION SIX
HUNDRED FIFTY-EIGHT THOUSAND FOUR HUNDRED NINETY-FIVE DOLLARS payable on
or before December fifteenth. Special aid  and  incentives  for  munici-
palities  to  the  city  of  New  York  shall be apportioned and paid as
required as follows:
  (i)  Any  amounts  required  to  be  paid  to  the   city   university
construction fund pursuant to the city university construction fund act;
  (ii)  Any  amounts  required  to  be paid to the New York city housing
development corporation pursuant to the New York city  housing  develop-
ment corporation act;
  (iii) Five hundred thousand dollars to the chief fiscal officer of the
city  of New York for payment to the trustees of the police pension fund
of such city;
  (iv) Eighty million dollars to the special account for  the  municipal
assistance corporation for the city of New York in the municipal assist-
ance  tax  fund created pursuant to section ninety-two-d of this chapter
to the extent that such  amount  has  been  included  by  the  municipal
assistance  corporation  for the city of New York in any computation for
the issuance of bonds on a parity with outstanding bonds pursuant  to  a
contract  with  the  holders  of such bonds prior to the issuance of any
other bonds secured by payments from  the  municipal  assistance  corpo-

S. 23                               6                              A. 23

ration  for  the  city of New York in the municipal assistance state aid
fund created pursuant to section ninety-two-e of this chapter;
  (v)  The  balance  of the special account for the municipal assistance
corporation for the city of New York in the municipal  assistance  state
aid fund created pursuant to section ninety-two-e of this chapter;
  (vi)  Any  amounts  to be refunded to the general fund of the state of
New York pursuant to the annual appropriation enacted for the  municipal
assistance state aid fund;
  (vii)  To  the  state  of  New  York municipal bond bank agency to the
extent provided by section twenty-four hundred thirty-six of the  public
authorities law; and
  (viii)  To  the  transit  construction  fund to the extent provided by
section twelve hundred twenty-five-i of the public authorities law,  and
thereafter to the city of New York.
Notwithstanding  any  other  law to the contrary, the amount paid to any
city with a population of one million or  more  on  or  before  December
fifteenth  shall  be  for  an  entitlement period ending the immediately
preceding June thirtieth.
  S 4. This act shall take effect immediately.

                                 PART E

  Section 1. Section 2 of part PP of chapter 56  of  the  laws  of  2009
entitled "Environmental Affairs", relating to providing for the adminis-
tration  of certain funds and accounts related to the 2009-10 budget, is
amended by adding a new subdivision 15 to read as follows:
  15. $10,000,000 FROM THE ENVIRONMENTAL PROTECTION FUND (078), ENVIRON-
MENTAL PROTECTION TRANSFER ACCOUNT (01), TO THE GENERAL FUND.
  S 2. Section 2 of part PP of chapter 56 of the laws of  2009  entitled
"Transportation",  relating  to  providing  for  the  administration  of
certain funds and accounts related to the 2009-10 budget, is amended  by
adding a new subdivision 8 to read as follows:
  8. $120,000,000 FROM THE MASS TRANSPORTATION OPERATING ASSISTANCE FUND
(313),  METROPOLITAN  MASS TRANSIT OPERATING ASSISTANCE ACCOUNT (02), TO
THE GENERAL FUND.
  S 3. Section 12 of part PP of chapter 56 of the laws of 2009  relating
to  providing  for  the  administration  of  certain  funds and accounts
related to the 2009-10 budget, is amended to read as follows:
  S 12. Notwithstanding any law to the contrary, and 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 [$200] $575 million from the unencumbered balance of  any  special
revenue  fund  or  account, or combination of funds and accounts, to the
general fund. The amounts transferred  pursuant  to  this  authorization
shall  be in addition to any other transfers expressly authorized in the
2009-10 budget. Transfers from federal funds, debt service funds,  capi-
tal  projects  funds,  or  the community projects fund are not permitted
pursuant to this authorization. The director of the budget shall  notify
both  houses of the legislature in writing prior to initiating transfers
pursuant to this authorization.
  S 4. Notwithstanding any provision of law to the contrary, the  dormi-
tory authority of the state of New York is authorized and directed, upon
the  request  of  the director of the budget, to transfer $26,000,000 to
the general fund on or before March 31, 2010.
  S 5. Notwithstanding any law to the contrary, the insurance department
shall finance the annual expenses related to its  activities  and  oper-

S. 23                               7                              A. 23

ations  through  assessments  upon  those  entities required to pay such
assessments pursuant to section 332 of  the  insurance  law.  For  state
fiscal  year  2009-10,  the total value of the annual 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 actual annual expenses of the department's operations and activ-
ities,  in accordance with section 4 of the state finance law, the comp-
troller is hereby authorized and directed to transfer, at the request of
the director of the budget,  up  to  $4,940,000  from  the  unencumbered
balance  of the special revenue fund (339), insurance department account
(B6) to the general fund on or before March 31, 2010.
  S 6. Notwithstanding any provision of law, rule or regulation  to  the
contrary,  the  New York State energy research and development authority
is authorized and directed to make a contribution to the state  treasury
to  the  credit  of  the  general fund in the amount of $90,000,000 from
proceeds collected by the authority from the auction or sale  of  carbon
dioxide emission allowances allocated by the department of environmental
conservation  under  the Regional Greenhouse Gas Initiative on or before
March 31, 2010.
If, in any fiscal year, such moneys retained by the authority  from  the
auction  or  sale of carbon dioxide emission allowances allocated by the
department of environmental conservation under the  Regional  Greenhouse
Gas  Initiative  are deemed insufficient by the director of the division
of the budget to meet actual and anticipated  disbursements,  the  comp-
troller  shall  at  the direction of the director of the division of the
budget, transfer from the general fund to  the  New  York  State  energy
research  and  development  authority  moneys  sufficient  to  meet such
disbursements. Such transfers shall be made only upon  certification  of
need  by the director of the division of the budget, with copies of such
certification filed with the chairperson of the senate  finance  commit-
tee,  the  chairperson  of the assembly ways and means committee and the
state comptroller. The aggregate amount of all transfers to the New York
State  energy  research  and  development  authority  shall  not  exceed
$90,000,000 in total.
  S  7.  Notwithstanding any other provision of the law to the contrary,
and in accordance with section 4 of the state  finance  law,  the  comp-
troller is hereby authorized to transfer upon request of the director of
the  budget,  $29,000,000  on  or  before  March 31, 2010, from the city
university special revenue fund  (377),  city  university  stabilization
account (A1), to the general fund.
  S  8. This act shall take effect immediately; provided that the amend-
ments to sections 2 and 12 of part PP of chapter 56 of the laws of  2009
made  by  sections  one,  two and three of this act shall not affect the
repeal of such sections and shall be deemed repealed therewith.

                                 PART F

  Section 1. Paragraph 14 of subdivision (a) of section 32  of  the  tax
law, as added by section 2 of part VV of chapter 59 of the laws of 2009,
is amended to read as follows:
  (14) "Tax return preparer" means an individual who prepares a substan-
tial  portion of any return for compensation. Enrolled agents or employ-
ees of a tax return preparer or  a  commercial  tax  return  preparation
business who prepare returns for clients of that preparer or preparation
business, as applicable, and partners who prepare returns for clients of
a  partnership  engaged in a commercial tax return preparation business,

S. 23                               8                              A. 23

are all "tax return preparers" for purposes of  this  section.  Excluded
from  the  definition  of  "tax  return  preparer" are attorneys, public
accountants, and certified public accountants, [who are registered  with
or licensed by the state,] and employees OF AN ATTORNEY, PUBLIC ACCOUNT-
ANT,  CERTIFIED  PUBLIC  ACCOUNTANT,  OR  FIRM THEREOF preparing returns
under the supervision  of  such  attorneys,  public  accountants,  [and]
certified public accountants OR FIRMS THEREOF.  Also excluded are volun-
teer tax preparers, employees of a business or partners in a partnership
whose  job responsibilities include preparation of only the business' or
partnership's returns, and employees of  a  tax  return  preparer  or  a
commercial tax return preparation business who provides only clerical or
other comparable services.
  S 2. This act shall take effect immediately.

                                 PART G

  Section  1.  Subdivision  1  of section 3609-a of the education law is
amended by adding a new paragraph d to read as follows:
  D.  SUPPLEMENTAL DEFICIT REDUCTION ASSESSMENT  FOR  THE  TWO  THOUSAND
NINE--TWO  THOUSAND  TEN  SCHOOL  YEAR.  (1)  NOTWITHSTANDING  ANY OTHER
PROVISION OF LAW TO THE CONTRARY, THE COMMISSIONER SHALL REDUCE PAYMENTS
DUE TO EACH DISTRICT FOR THE TWO THOUSAND NINE--TWO THOUSAND TEN  SCHOOL
YEAR  PURSUANT  TO  THIS  SECTION BY AN AMOUNT EQUAL TO THE SUPPLEMENTAL
DEFICIT REDUCTION ASSESSMENT COMPUTED FOR SUCH DISTRICT, AND SUCH AMOUNT
SHALL BE DEDUCTED FROM MONEYS APPORTIONED FOR THE PURPOSES  OF  PAYMENTS
MADE  PURSUANT  TO THIS SECTION AND IF THE REDUCTION IS GREATER THAN THE
SUM OF THE AMOUNTS AVAILABLE FOR SUCH DEDUCTIONS, THE REMAINDER  OF  THE
REDUCTION  SHALL  BE  WITHHELD FROM PAYMENTS SCHEDULED TO BE MADE TO THE
DISTRICT PURSUANT TO THIS SECTION FOR THE TWO THOUSAND TEN--TWO THOUSAND
ELEVEN SCHOOL YEAR, AND PROVIDED FURTHER THAT AN  AMOUNT  EQUAL  TO  THE
AMOUNT  OF  SUCH  DEDUCTION  SHALL  BE  DEEMED  TO HAVE BEEN PAID TO THE
DISTRICT PURSUANT TO THIS SECTION FOR THE  SCHOOL  YEAR  IN  WHICH  SUCH
DEDUCTION  IS  MADE.  THE  COMMISSIONER  SHALL COMPUTE SUCH SUPPLEMENTAL
DEFICIT REDUCTION ASSESSMENT  AND  SHALL  PROVIDE  A  SCHEDULE  OF  SUCH
REDUCTION  IN  PAYMENTS  TO  THE  STATE COMPTROLLER, THE DIRECTOR OF THE
BUDGET, THE CHAIR OF THE SENATE FINANCE COMMITTEE AND THE CHAIR  OF  THE
ASSEMBLY WAYS AND MEANS COMMITTEE.
  (2) THE SUPPLEMENTAL DEFICIT REDUCTION ASSESSMENT SHALL BE COMPUTED AS
THE  PRODUCT  OF  THIRTY-FIVE  AND SIXTY-TWO ONE-HUNDREDTHS OF A PERCENT
(0.3562) MULTIPLIED BY THE  ABSOLUTE  VALUE  OF  THE  DEFICIT  REDUCTION
ASSESSMENT ESTABLISHED PURSUANT TO PARAGRAPH C OF THIS SUBDIVISION.
  S  2. Supplemental deficit reduction assessment restoration.  Notwith-
standing any other provision of law to the contrary, apportionments from
this section shall be supported from funds appropriated for such purpose
from the state fiscal stabilization fund-education fund as funded by the
American recovery and reinvestment act of 2009. For the purposes of this
section the term "fiscal year", followed by a reference to a year  shall
mean  the period from July first of the preceding year to June thirtieth
of the calendar year referenced.
  Funds shall be apportioned to each school district in an amount  equal
to  the  supplemental  deficit reduction assessment computed pursuant to
subparagraph 3 of paragraph d of subdivision 1 of section 3609-a of  the
education law.
  Each district shall be eligible, pursuant to applicable federal rules,
regulations  and guidelines, for a payment for the 2009-2010 school year
of up to seventy percent (0.7) of such funds on or after  the  effective

S. 23                               9                              A. 23

date  of  this  act and up to an additional thirty percent (0.3) of such
funds on or after April 1, 2010.
  S 3. This act shall take effect immediately.

                                 PART H

  Section  1.   When a county district attorney of a county located in a
city of one million or more recovers monies  before  the  filing  of  an
accusatory instrument as defined in subdivision 1 of section 1.20 of the
criminal  procedure  law,  after injured parties have been appropriately
compensated, the district attorney's office shall retain a percentage of
the remaining such monies in recognition that such monies were recovered
as a result of investigations  undertaken  by  the  district  attorney's
office.  The  total  amount  of such monies to be retained by the county
district attorney's office shall equal ten percent of the first  twenty-
five  million  dollars  received  by such office during the state fiscal
year, plus seven and one-half percent of such monies  received  by  such
office  in  excess  of  twenty-five  million dollars but less than fifty
million dollars, plus five percent of any such monies received  by  such
office  in  excess  of  fifty  million dollars but less than one hundred
million dollars, plus one percent of such monies received by such office
in excess of one hundred million dollars.  The remainder of such  monies
shall  be paid by the district attorney's office to the state and to the
county in equal amounts within thirty days of receipt, where disposition
of such monies is not otherwise prescribed by law.
  S 2. This act shall take effect immediately and shall remain  in  full
force and effect until the last day of March, 2010, when it shall expire
and be deemed repealed.
  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 H of this act shall be
as specifically set forth in the last section of such Parts.