LBD12222-02-0
S. 7689 2 A. 10924
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 [6] 12, 2010 to
state officers and employees of the execu-
tive branch, including the governor, lieu-
tenant governor, comptroller and attorney
general; to officers and employees of the
judiciary; and to officers and employees
of the legislature, including payments to
the members of the senate and assembly
under sections 5 and 5-a of the legisla-
tive law; and payments for services
performed by mentally ill or develop-
mentally disabled persons who are employed
in state-operated special employment,
work-for-pay or sheltered workshop
programs; consistent with section 8 of
part A of chapter 10 of the laws of 2008,
section 3 of chapter 114 of the laws of
2008 and section 4 of chapter 49 of the
laws of 2008, and notwithstanding any
contrary provision of law, including
provisions of article 14 of the civil
service law or collective bargaining
agreement entered into by the state pursu-
ant thereto, the amounts to be paid to
state officers and employees of the execu-
tive branch for personal service shall not
be based on amounts applicable pursuant to
subparagraph (4) of paragraph a of subdi-
vision 1, subparagraph (4) of paragraph c
of subdivision 1, or subparagraph (4) of
paragraph e of subdivision 1 of section
130 of the civil service law; or subpara-
graph (4) of paragraph a of subdivision 2,
or subparagraph (8) of paragraph a of
subdivision 2 of section 215 of the execu-
tive law; or subparagraph (4) of paragraph
a of subdivision 2 of section 216 of the
executive law, insofar as such subpara-
graphs provide for a general salary
increase of four percent ... [987,473,000] 1,239,378,000
==============
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 47
of the laws of 2010, is amended to read as follows:
S 3. The sum of [ninety-two] ONE HUNDRED THIRTEEN million [one hundred
fifty-one] FORTY-FOUR thousand dollars [($92,151,000)] ($113,044,000),
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 contribution fund, the
state's share, as employer, of the payroll tax for payrolls scheduled to
S. 7689 3 A. 10924
be paid during the period April 1 through May [6] 12, 2010, including
liabilities incurred prior to April 1, 2010 ............................
.............................................. [92,151,000] 113,044,000
==============
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 47
of the laws of 2010, is amended to read as follows:
S 4. The sum of [fifty-three] SEVENTY-SEVEN thousand dollars
[($53,000)] ($77,000), or so much thereof as shall be sufficient to
accomplish the purpose designated, is hereby appropriated out of any
moneys in the general fund to the credit of the state purposes account
not otherwise appropriated for payments to the teachers insurance and
annuity association and college retirement equities fund associated with
individuals working in the education department, the higher education
services corporation, and the state university of New York construction
fund. Notwithstanding any other provisions of law to the contrary, the
comptroller is hereby authorized and directed to utilize this appropri-
ation for the purpose of making scheduled teachers insurance and annuity
association and college retirement equities fund payments ..............
........................................................ [53,000] 77,000
==============
S 5. Section 5 of chapter 20 of the laws of 2010, relating to making
appropriations for the support of government, as amended by chapter 47
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
PROJECT LIABILITIES incurred in the ordi-
nary course of business, during the period
April 1 through May [2] 9, 2010, pursuant
to existing state law and for purposes for
which the legislature authorized the
expenditure of moneys during the 2009-2010
state fiscal year; provided, however, that
nothing contained herein shall be deemed
to limit or restrict the power or authori-
ty of state departments or agencies to
conduct their activities or operations in
accordance with existing law, and further
provided that nothing contained herein
shall be deemed to supersede, nullify or
modify the provisions of section 40 of the
state finance law prescribing when appro-
priations made for the 2009-2010 state
S. 7689 4 A. 10924
fiscal year shall have ceased to have
force and effect ............ [65,000,000] 85,000,000
==============
S 6. Section 6 of chapter 46 of the laws of 2010, relating to making
appropriations for the support of government, as amended by chapter 47
of the laws of 2010, is amended to read as follows:
S 6. 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 respective
public officers and for the purpose specified, which amount 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 [thirty-seven] THIRTY-NINE million dollars [($37,000,000)]
($39,000,000), 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 [2] 9, 2010 ........... [37,000,000] 39,000,000
==============
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 47
of the laws of 2010, is amended to read as follows:
S 6. 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.
AMERICAN RECOVERY AND REINVESTMENT ACT (CCP) ... ............ 80,000,000
--------------
Federal Capital Projects Fund - 291
American Recovery and Reinvestment Act Purpose
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 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 [2] 9, 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
S. 7689 5 A. 10924
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
==============
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 capital projects liabilities, funded by the American
Recovery and Reinvestment Act of 2009 incurred in the ordinary course of
business during the period from April 1 through May [2] 9, 2010 for
contracts approved during the period April 1 through May [2] 9, 2010,
provided, however, that nothing contained herein shall be deemed to
limit or restrict the power or authority of state departments or agen-
cies to conduct their activities or operations in accordance with exist-
ing law, and further provided that nothing contained herein shall be
deemed to supersede, nullify, or modify the provisions of section 40 of
the state finance law prescribing when appropriations made for the
2009-2010 fiscal year shall have ceased to have force and effect. Funds
appropriated herein shall be subject to all applicable reporting and
accountability requirements contained in such act ........... 40,000,000
==============
S 8. Section 7 of chapter 20 of the laws of 2010, relating to making
appropriations for the support of government, as amended by chapter 47
of the laws of 2010, is amended to read as follows:
S 7. 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.
The sum of [ten] TWENTY million dollars [($10,000,000)] ($20,000,000),
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 [ten] TWENTY million dollars
[($10,000,000)] ($20,000,000) shall be available for the payment of
capital projects liabilities, including any contractual services liabil-
ities of the engineering services fund, incurred to address emergency
health and safety needs as certified by the director of budget during
the period from April 1 through May [2] 9, 2010 [for contracts approved
during the period April 1 through May 2, 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 .......... [10,000,000] 20,000,000
==============
S. 7689 6 A. 10924
S 9. Section 9 of chapter 47 of the laws of 2010, relating to making
appropriations for the support of government, is amended to read as
follows:
S 9. 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.
DEPARTMENT OF TRANSPORTATION
FEDERAL AID HIGHWAYS FEDERAL PURPOSE ........................ 40,000,000
--------------
Federal Capital Projects Fund - 291
Federal Aid Highways Purpose
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 prior to April 1, 2010 for the
payment by the state of the federal share of transportation related
capital projects liabilities as provided for in the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users and
any successive legislation incurred in the ordinary course of business
from April 1 through May [2] 9, 2010, for projects that do not contain
any state funding shares, 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
==============
S 10. The several amounts specified in this section, or so much there-
of as shall be sufficient to accomplish the purposes designated, are
hereby appropriated and authorized to be paid as hereinafter provided,
to the respective public officers and for the several purposes speci-
fied, which amounts shall be available for the state fiscal year begin-
ning April 1, 2010.
DEPARTMENT OF HEALTH
MEDICAL ASSISTANCE PROGRAM ............................... 1,504,000,000
--------------
General Fund / Aid to Localities
Local Assistance Account - 001
For the medical assistance program, exclu-
sive of expenses incurred by local
S. 7689 7 A. 10924
districts for administration of the
medical assistance program and for medical
care rates for authorized child care agen-
cies.
The money hereby appropriated is to be
available for payment of aid heretofore
accrued to municipalities, and to provid-
ers of medical services pursuant to
section 367-b of the social services law,
and for payment of state aid to munici-
palities and to providers of family care
where payment systems through the fiscal
intermediaries are not operational, and
shall be available to the department net
of disallowances, refunds, reimbursements,
and credits.
Notwithstanding any inconsistent provision
of law, moneys hereby appropriated may be
used for transfer to the federal revenue
maximization contract fund, pursuant to
the provisions of the state finance law.
Notwithstanding any inconsistent provision
of law, the moneys hereby appropriated may
be increased or decreased by interchange
with any appropriation of the department
of health medical assistance adminis-
tration program and/or medical assistance
program, and may be increased or decreased
by transfer or suballocation between these
appropriated amounts and appropriations of
the department of social services or its
successor agencies with the approval of
the director of the budget, who shall file
such approval with the department of audit
and control and copies thereof with the
chairman of the senate finance committee
and the chairman of the assembly ways and
means committee.
Notwithstanding any inconsistent provision
of law, the money hereby appropriated
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
S. 7689 8 A. 10924
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
--------------
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
S. 7689 9 A. 10924
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
--------------
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
--------------
Special Revenue Funds - Other / Aid to Localities
Miscellaneous Special Revenue Fund - 339
S. 7689 10 A. 10924
Medical Assistance Account
For the purpose of making payments to
providers of medical care pursuant to
section 367-b of the social services law,
and for payment of state aid to munici-
palities and the federal government where
payment systems through fiscal interme-
diaries are not operational, to reimburse
such providers for costs attributable to
the provision of care to patients eligible
for medical assistance.
For services and expenses of the medical
assistance program including nursing home,
personal care, certified home health agen-
cy and long term home health care program
and hospital services ....................... 54,000,000
--------------
Program account subtotal .................. 54,000,000
--------------
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 ..................... 202,000,000
--------------
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 .................... 202,000,000
--------------
EMPLOYMENT AND TRAINING PROGRAM .............................. 4,000,000
--------------
Special Revenue Funds - Federal / Aid to Localities
Federal Workforce Investment Act Fund - 486
Federal Emergency Employment Act Account
For the administration and operation of
employment and training programs as funded
by grants under the workforce investment
act, public law 105-220, including grants
to other governmental units, community-
based organizations, non-profit and for
profit organizations, and suballocations
S. 7689 11 A. 10924
to state departments and agencies, and a
portion may be transferred to state oper-
ations, according to the following:
For services and expenses of adult, youth
and dislocated worker employment and
training local workforce investment area
programs and statewide rapid response
activities ................................... 4,000,000
--------------
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
respective public officers and for the purpose specified, which amount
shall be available for the state fiscal year beginning April 1, 2010.
MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES
PAYMENT TO THE CITY OF NEW YORK
Local Government Assistance Tax Fund - 364
For payment to the city of New York pursuant to section
3238-a of the public authorities law upon audit and
warrant of the comptroller. The amount appropriated
herein shall constitute fulfillment of the state's obli-
gation for the fiscal year of the city of New York
ending June 30, 2010 ..................................... 170,000,000
==============
S 13. No expenditure may be made from any appropriation in this act,
until a certificate of approval has been issued by the director of the
budget and a copy of such certificate shall have been filed with the
state comptroller, the chairman of the senate finance committee and the
chairman of the assembly ways and means committee provided, however,
that any expenditures from any appropriation in this act made by the
legislature or judiciary shall not require such certificate.
S 14. All expenditures and disbursements made against the appropri-
ations in this act shall, upon final action by the legislature on appro-
priation bills submitted by the governor pursuant to article VII of the
state constitution for the support of government for the state fiscal
year beginning April 1, 2010, be transferred by the comptroller as
expenditures and disbursements to such appropriations for all state
departments, agencies, the legislature and the judiciary, as applicable,
in amounts equal to the amounts charged against the appropriations in
this act for each such department, agency, the legislature and the judi-
ciary.
S 15. Severability clause. If any clause, sentence, paragraph, subdi-
vision, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
S. 7689 12 A. 10924
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S 16. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010; provided,
however, that upon the transfer of expenditures and disbursements by the
comptroller as provided in section fourteen of this act, the appropri-
ations made by this act and subject to such section shall be deemed
repealed.