Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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May 25, 2010 |
signed chap.90 |
May 24, 2010 |
delivered to governor returned to senate passed assembly message of necessity - 3 day message message of necessity - appropriation motion to amend lost ordered to third reading rules cal.56 substituted for a11182 referred to ways and means delivered to assembly passed senate message of necessity - 3 day message message of necessity - appropriation ordered to third reading cal.619 reported and committed to rules referred to finance |
Senate Bill S7932
Signed By Governor2009-2010 Legislative Session
Provides for emergency appropriation for the period April 1, 2010 through June 3, 2010
download bill text pdfSponsored By
There are no sponsors of this bill.
Archive: Last Bill Status - Signed by Governor
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: May 24, 2010
aye (36)- Adams
- Addabbo Jr.
- Aubertine
- Breslin
- Diaz
- Dilan
- Duane
- Espada
- Farley
- Foley
- Fuschillo
- Hassell-Thompson
- Huntley
- Johnson
- Klein
- Krueger
- Kruger
- Maziarz
- McDonald
- Montgomery
- Onorato
- Oppenheimer
- Parker
- Peralta
- Perkins
- Sampson
- Savino
- Schneiderman
- Serrano
- Smith
- Squadron
- Stachowski
- Stavisky
- Stewart-Cousins
- Thompson
- Valesky
nay (22)
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May 24, 2010 - Rules Committee Vote
S793214Aye7Nay1Aye with Reservations0Absent1Excused0AbstainedMay 24, 2010 - Finance Committee Vote
S793219Aye12Nay0Aye with Reservations0Absent2Excused0Abstained-
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Finance Committee Vote: May 24, 2010
aye (19)nay (12)
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2009-S7932 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A11182
- Law Section:
- Budget Bills
- Laws Affected:
- Amd §§2 - 7, Chap 20 of 2010; amd §6, chap 46 of 2010; amd §9, Chap 47 of 2010; amd §9-a, Chap 75 of 2010
2009-S7932 (ACTIVE) - Sponsor Memo
BILL NUMBER:S7932 TITLE OF BILL: An act making appropriations for the support of government; to amend chapter 20 of the laws of 2010, relating to making appropriations for the support of government; to amend chapter 46 of the laws of 2010, relating to making appropriations for the support of government; to amend chapter 47 of the laws of 2010, relating to making appropriations for the support of government; and to amend chapter 75 of the laws of 2010, relating to making appropriations for the support of government PURPOSE: This bill provides appropriations to various State departments and agen- cies to permit certain payments due from April 1 to May 31, 2010, to be made absent enactment of the Budget appropriation bills submitted by the Governor for the State fiscal year beginning April 1, 2010. SUMMARY OF PROVISIONS: Section 1 authorizes the Comptroller to utilize the appropriations contained in this bill, which relate to the 2010-11 State fiscal year, absent enactment of the 2010-11 Budget. Section 2 appropriates an additional $164.7 million for the personal
service payments scheduled to be made to State officers and employees through June 3, 2010, including payments for officers and employees of the Legislature and Judiciary, statewide elected officials and elected members of the Legislature; payments for services performed by mentally ill or developmentally disabled persons who are employed in State-oper- ated special employment, work-for-pay or sheltered workshop programs; and, as appropriate, lump sum payments, advances, awards and longevity increases. Section 3 appropriates an additional $16.1 million to pay to the social security contribution fund the payroll taxes relating to the personal service payments specified above. Section 4 appropriates an additional $1,000 to make payments to the Teachers Insurance and Annuity Association/College Retirement Equities Fund. Section 5 appropriates an additional $2 million for nonpersonal service payments by the Judiciary and $4 million for the Judiciary's Court Facility Incentive Aid Fund for interest payments and other court facil- ities costs. Section 6 appropriates an additional $20 million for nonpersonal service payments by various State agencies including the Legislature. Section 7 continues $100 million for capital projects funded by the American Recovery and Reinvestment Act of 2009, as follows: * $60 million is continued for transportation-related capital construction contracts approved prior to April 1, 2010 to allow payment of liabilities incurred through May 31, 2010. * $40 million is continued for the approval of new transportation-relat- ed capital construction contracts for projects from April 1, 2010 through May 31, 2010. Section 8 provides Capital Project appropriations for All State Depart- ments and Agencies totaling $40 million, as follows: * An additional $5 million, for a total appropriation of $25 million, for the approval of capital construction projects for emergency health and safety purposes during the period April 1, 2010 to May 31, 2010; and * A new appropriation in the amount of $15 million for existing capital project contracts entered into prior to April 1, 2010, for the payment of liabilities incurred between April 1 and April 11, 2010. Section 9 provides an additional $45 million, for total funding of $110 million, to the Department of Transportation as follows: * An additional $40 million is added, for a total appropriation of $80 million, for the payment of the Federal share of existing transportation capital contracts, excluding liabilities funded by the American Recovery and Reinvestment Act of 2009, but including those which have a state bond-funded share approved prior to April 1, 2010, to allow payment of: --liabilities incurred through May 31, 2010 for projects without a State funding share; and --liabilities incurred from April 1, 2010 through April 25, 2010 for projects which have a State-bonded funding share. * $20 million is continued for the payment of the Federal share of new transportation capital contracts, approved between the period April 1, 2010 and May 31, 2010, excluding liabilities funded by the American Recovery and Reinvestment Act of 2009, which: --do not contain State funding shares; or --contain both State funding shares that are eligible to be funded by bond proceeds, to the extent such bond proceeds are available, and Federal shares funded by the American Recovery and Reinvestment Act of 2009. * An additional $5 million, for a total of $10 million, is appropriated for the payment of non-State shares of existing and new transportation capital contracts approved prior to, on or after April 1, 2010 and fund- ed through deposits in the Miscellaneous New York State Agency Fund - Highway Costs Improvement Accounts, to allow payment of liabilities incurred through May 31, 2010. Section 9-a adds $5 million, for a total appropriation of $15 million, for payment of bond-eligible State shares of existing transportation capital contracts and construction inspection contracts approved prior to April 1, 2010, to allow payment of liabilities incurred from April 1, 2010 through April 25, 2010, only to the extent bond proceeds are avail- able. Section 9-b appropriates $1 million for payment of bond-eligible State shares of new transportation capital contracts and construction inspection contracts, approved during the period April 1, 2010 through May 31, 2010, which contain Federal shares funded by the American Recov- ery and Reinvestment Act of 2009. Section 10 appropriates an additional $1.45 billion for payments to providers participating in the Medical Assistance Program and an addi- tional $17 million for payments to providers participating in the Elder- ly Pharmaceutical Insurance Coverage Program. Section 11 provides an additional $195 million to the Department of Labor for Unemployment Insurance benefits to claimants. Section 12 appropriates an additional $2 million for Family Care services. This Medicaid funding is supported directly by OMRDD and funds 1,100 families supporting over 2,000 individuals. Section 13 appropriates $11.1 million to make a payment of Aid and Incentives for Municipalities (AIM) to the City of Yonkers in accordance with section 54 of State Finance Law and authorizes such payment to be made on or before June 25. Section 14 appropriates a total of $1.497 billion to the State Education Department for General Support for Public Schools for the 2009-10 School Year, as follows: * An aggregate General Fund appropriation of $1.257 billion including funding for: General Aid, including Excess Cost Aid ($1.028 billion); BOCES Aid ($225 million); and the Roosevelt School District advance ($4 million); and * A State Lottery Fund appropriation in the amount of $240 million. Both the General Fund and the State Lottery Fund appropriations would require payment to be made no later than June 30th. Section 15 would provide a working capital loan from the New York State Urban Development Corporation to the New York Racing Association, Inc. (NYRA) so that racing activities at Belmont, Saratoga and Aqueduct can continue this year. Absent enactment of this provision, NYRA would not have enough cash to continue the racing season at Belmont beyond the Belmont Stakes, and the Saratoga racing season would be cancelled. Specifically: * A General Fund appropriation in the amount of $25 million is provided for the loan, with the requirement that NYRA shall repay the State by the earlier of March 31, 2011 or 30 days after the execution of a memo- randum of understanding with the selected operator of a video lottery terminal facility at Aqueduct; * A Miscellaneous Capital Projects Fund reappropriation is reduced by $25 million, from $250 million to $225 million, to offset the General Fund appropriation increase; and * A Contingent Miscellaneous Capital Projects Fund appropriation in the amount of $25 million is provided, which shall only be available upon NYRA's repayment of the loan. * If NYRA has not repaid the State by March 31, 2011, the Division of the Lottery shall repay the money from portions of the VLT vendor fee that would otherwise be due to NYRA pursuant to Tax Law §1612(f)(3)&(4). Section 16 prohibits expenditures from all appropriations until certif- icates of approval have been issued by the Director of the Budget and filed with certain State officers. Section 17 requires the comptroller to transfer any expenditures made against these appropriations to the 2010-11 Budget appropriations after they have become law. Section 18, the severability clause, provides that if any part of this Act be adjudged by any court of competent jurisdiction to be invalid, such judgment would not invalidate the remainder of the Act. Section 19 provides that the bill takes effect immediately and is deemed to be in full force and effect on April 1, 2010, and, further, that the appropriations made in the bill will be deemed repealed upon the trans- fer of expenditures by the comptroller pursuant to section fifteen of the bill. STATEMENT IN SUPPORT: This bill will allow the state to make certain payments and incur certain liabilities during the period April 1 through May 31, 2010 on a timely basis, in the absence of an enacted budget for State fiscal year 2010-11. BUDGET IMPLICATIONS: Expenditures and disbursements made against these appropriations shall, upon final action by the Legislature on the appropriation bills submit- ted by the Governor for the support of government for the state fiscal year beginning April 1, 2010, be transferred by the Comptroller as expenditures and disbursements to such appropriations for State depart- ments and agencies, the Legislature and the Judiciary. Accordingly, this bill will have no additional impact on the State's 2010-11 Financial plan. EFFECTIVE DATE: Immediately, with provisions.
2009-S7932 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 7932 A. 11182 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.
LBD12248-01-0 S. 7932 2 A. 11182 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. 7932 3 A. 11182 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. 7932 4 A. 11182 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. 7932 5 A. 11182 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. 7932 6 A. 11182 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. 7932 7 A. 11182 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. 7932 8 A. 11182 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. 7932 9 A. 11182 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. 7932 10 A. 11182 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. 7932 11 A. 11182 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. 7932 12 A. 11182 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. 7932 13 A. 11182 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. 7932 14 A. 11182 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. 7932 15 A. 11182 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. The several amounts specified in this section, or so much ther- eof as shall be sufficient to accomplish the purposes designated, are hereby appropriated and authorized to be paid as hereinafter provided, to the respective public officers and for the several purposes speci- fied, which amounts shall be available for the state fiscal year begin- ning April 1, 2010. NEW YORK STATE URBAN DEVELOPMENT CORPORATION STATE OPERATIONS AND AID TO LOCALITIES ECONOMIC DEVELOPMENT PROGRAM General Fund / Aid to Localities Local Assistance Account - 001 For services and expenses of a working capital loan to the New York Racing Association, Inc. for expenses at Aqueduct, Belmont and Saratoga racetracks. Such moneys shall be repaid by the New York Racing Association, Inc. by the earlier of March 31, 2011 or 30 days after the execution of a memorandum of understanding with the operator of a video lottery facility at Aqueduct racetrack pursuant to subdivision e of section 1612 of the tax law. Notwithstanding any other law to the contrary, in the event that the New York Racing Association does not repay such moneys by the earlier of March 31, 2011 or 30 days after the execution of a memorandum of under- standing with the operator of a video lottery facility at Aqueduct racetrack pursuant to subdivision e of section 1612 of the tax law, the division of the lottery shall repay such moneys, in accordance with a plan approved by the director of the division of the Budget, from portions of the vendor fee that would otherwise be due on or after that date to the New York Racing Association, Inc. pursuant to paragraphs 3 and S. 7932 16 A. 11182 4 of subdivision f of section 1612 of the tax law on account of video lottery revenues from a video lottery facility at Aqueduct racetrack. The division of lottery shall report upon any such approved repayment plan, including information detailing the progress of repayment of loan liabilities, to the governor, the temporary president of the senate, and the speaker of the assembly quarterly until such loan is fully repaid ......................................................... 25,000,000 -------------- NEW YORK STATE URBAN DEVELOPMENT CORPORATION CAPITAL PROJECTS - REAPPROPRIATIONS 2009-10 ECONOMIC DEVELOPMENT (CCP) Miscellaneous Capital Projects Fund - 387 New York Racing Account The appropriation made by chapter 18, section 104, of the laws of 2008, is hereby amended and reappropriated to read: For additional services and expenses related to payments for capital works or purposes, including, but not limited to, costs for the design, acquisition, construction and equipment of such structures as may be necessary to properly house video lottery terminal gaming at Aqueduct racetrack including, but not limited to, the costs of property acquisition, studies, appraisals, surveys, testing, envi- ronmental impact statements, infrastructure, facility design, construction and equipment, cost of leasing space, professional fees and costs of issuance, as authorized pursuant to a chapter of the laws of 2008. Provided, however, that these funds may be suballo- cated or transferred to any department, agency, or public authority (91AQ0809) ... [250,000,000] 225,000,000 ........................... ................................................. (re. $225,000,000) CONTINGENT AND OTHER APPROPRIATIONS NEW YORK STATE URBAN DEVELOPMENT CORPORATION CAPITAL PROJECTS ECONOMIC DEVELOPMENT (CCP) Miscellaneous Capital Projects Fund - 387 New York Racing Account Notwithstanding any inconsistent provision of law, the following appropriation is hereby made to the New York state urban development corporation for services and expenses related to payments for capital works or purposes, including, but not limited to, costs for the design, acquisition, construction and equipment of such structures as may be necessary to properly house video lottery terminal gaming at Aqueduct racetrack including, S. 7932 17 A. 11182 but not limited to, the costs of property acquisition, studies, appraisals, surveys, testing, environmental impact statements, infrastructure, facility design, construction and equipment, cost of leasing space, professional fees and costs of issuance, as authorized pursuant to chapter 18 of the laws of 2008, as amended by chapter 140 of the laws of 2008. No moneys of the state in the state treasury or any of its funds shall be expended from this appropriation, and no state-supported debt shall be issued to finance the purposes of this appropriation, until a working capital loan, as author- ized pursuant to a chapter of the laws of 2010, is repaid to the state's general fund by the earlier of March 31, 2011 or 30 days after the execution of a memo- randum of understanding with the operator of a video lottery facility at Aqueduct racetrack pursuant to subdivision e of section 1612 of the tax law, or, a repayment plan is approved by the director of the divi- sion of the Budget providing for such repayment from portions of the vendor fee that would otherwise be due on or after that date to the New York Racing Associ- ation, Inc. pursuant to paragraphs 3 and 4 of subdivi- sion f of section 1612 of the tax law on account of video lottery revenues from a video lottery facility at Aqueduct racetrack. The division of lottery shall report upon any such approved repayment plan, including infor- mation detailing the progress of repayment of loan liabilities, to the governor, the temporary president of the senate, and the speaker of the assembly quarterly until such loan is fully repaid. These funds may be suballocated or transferred to any department, agency, or public authority ....................................... 25,000,000 -------------- S 16. 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 17. 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 18. 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, S. 7932 18 A. 11182 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 19. 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 seventeen of this act, the appropri- ations made by this act and subject to such section shall be deemed repealed.
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