RESOLUTION adopting proposed amendments to the 2012-2013 Executive Budg-
et submission (Legislative Bills S.6250-B, S.6251-A, S.6252, S.6253-C,
S.6254-B, S.6255-C, S.6256-C, S.6257-C, S.6258-C, S.6259-C, and
S.6260-B)

WHEREAS, It is the intent of the Legislature to effectuate the timely
passage of a State Budget; and
WHEREAS, It is the intent of the Legislature to engage in the Budget
Conference Committee process, which promotes increased participation by
the members of the Legislature and the public; and
WHEREAS, The Senate Finance Committee has conducted an extensive study
and review of the Governor's 2012-2013 Executive Budget submission and
has recommended proposed amendments to such Budget submission in the
above referenced Legislative Bills and Report on the Amended Executive
Budget; and
WHEREAS, Article VII of the New York State Constitution provides the
framework under which the New York State Budget is submitted, amended
and enacted. The New York State Courts have limited the Legislature in
how it may change the appropriations bills submitted by the Governor.
The Legislature can delete or reduce items of appropriation contained in
the several appropriation bills submitted by the Governor in conjunction
with the Executive Budget, and it can add additional items of appropri-
ation to those bills provided that such additions are stated separately
and distinctly from the original items of the bill and refer each to a
single object or purpose; and
WHEREAS, An interchange is the movement of appropriations resulting in
an increase or decrease of appropriation authority within a program or
purpose, or between programs. In accordance with Section 51 of the State
Finance Law, there is unlimited interchangeability of appropriations
from the same fund within a program or purpose, but there are limits on
the interchangeability of appropriations between programs or purposes of
the same fund; and
WHEREAS, An extensive study and review of the Governor's 2012-2013
Executive Budget submission has revealed that the construction of the
budget bills submitted to the Legislature by the Governor constrains the
Legislature in its ability to fully effectuate its intent in amending
the Governor's budget submission; and
WHEREAS, There are numerous cases in which the Executive included
language within the appropriation which go beyond those terms and condi-
tions which are normally and naturally considered "items of appropri-
ation;" and
WHEREAS, The Executive has included in every agency appropriation
interchange or use of funds for more than one purpose and in violation
of Section 51 of the State Finance Law; and
WHEREAS, There are numerous cases where the Executive has crafted
non-budgetary and programmatic language which circumvents existing law
and are contained solely within the appropriation language; and
WHEREAS, The Executive proposes to use Executive Orders to effectuate
many of the details of his proposed ultra vires legislative priorities
which have been contained within appropriation language; and
WHEREAS, The Legislature has amended the Governor's 2012-2013 Execu-
tive Budget submission to the fullest extent possible within the author-
ity provided to it pursuant to Section 4 of Article VII of the New York
State Constitution; and
WHEREAS, The Senate, in addition to the Governor's 2012-2013 Executive
Budget submission bills as amended by the Senate, does hereby provide
its recommendations as to provisions in the Governor's 2012-2013 Execu-

tive Budget submission which reflect those items the Senate is
constrained from effectuating as amendments to the 2012-2013 Executive
Budget appended hereto; and
WHEREAS, It is the intent of the Legislature that upon the passage of
the Governor's 2012-2013 Executive Budget submission as amended by the
Senate, and the incorporated Report on the Amended Executive Budget may
provide a basis for both houses of the Legislature to convene Committees
on Conference pursuant to Joint Rule III of the Senate and Assembly for
the purpose of reconciling any differences between the amendments to the
Governor's budget as proposed by each house of the Legislature; now,
therefore, be it
RESOLVED, That, the above referenced legislative bills (S.6250-B,
S.6251-A, S.6252, S.6253-C, S.6254-B, S.6255-C, S.6256-C, S.6257-C,
S.6258-C, S.6259-C, and S.6260-B) be and are incorporated as part of
this resolution and are hereby adopted as the New York State Legisla-
ture's proposed amendments to the 2012-2013 Executive Budget Submission.

REPORT ON THE AMENDED EXECUTIVE BUDGET

ALL STATE AGENCIES AND OPERATIONS

ADIRONDACK PARK AGENCY

State Operations (S.6250-B)
* The Senate concurs with the Executive recommendation of $5,202,000.

Capital Projects (S.6253-B)
* The Senate concurs with the Executive recommendation and provides
funding of $500,000.

AGING, OFFICE FOR THE

State Operations (S.6250-B)
* The Senate concurs with the Executive's recommendation of $14.2
million.

Aid to Localities (S.6253-C)
The Senate amends the Executive's recommendation of $228.3 million as
follows:
* Restores $228,500 for the Naturally Occurring Retiring Communities
program.
* Restores $228,500 for the Neighborhood Naturally Occurring Retiring
Communities program.
* Adds $296,145 in funding for the Community Services for the Elderly
program.
* Adds $890,350 in funding for the Expanded In-home Services for the
Elderly program.
* Adds $413,505 in funding for the Senior Nutritional Assistance
Program.

AGRICULTURE AND MARKETS, DEPARTMENT OF

State Operations (S.6250-B)
* The Senate concurs with the Executive recommendation of
$119,645,000.

Aid to Localities (S.6253-C)

* The Senate amends the Executive recommendation for Aid to Localities
as follows:
o Restores $100,000 for the Cornell Long Island Rabies Program;
o Restores $100,000 for Tractor Rollover Prevention;
o Restores $100,000 for Maple Producers Association;
o Restores $50,000 for the Cornell Rabies Program;
o Restores $821,000 for the Farm Viability Institute;
o Provides an additional $100,000 for Cornell Farm Family Assist-
ance;
o Provides $500,000 for North Country Agricultural Development;
and
o Provides $150,000 for efforts to fight Eastern Equine Encephali-
tis.

Capital Projects (S.6253-B)
* The Senate concurs with the Executive recommendation of $3,000,000
* The Senate provides language for reappropriations from the Cornell
Grape Genomics Research Facility to be used by the Cornell Exper-
iment Station at Geneva, NY.

Article VII Proposals (S.6258)
* PART L: The Senate accepts the Executive's Article VII proposal that
would eliminate the requirement that the New York State Agricultural
Experiment Station at Cornell be the exclusive seed testing labora-
tory in New York.
* PART M: The Senate denies the Executive proposal to authorize the
Department of Agriculture and Markets to enter into agreements with
governmental and educational entities and be reimbursed for its
services.
* PART N: The Senate accepts the Executive proposal to eliminate
special revenue funds that support the Consumer Food and the Commer-
cial Feed Licensing Account, shifting these appropriations to the
General Fund.
* PART Z: The Senate denies the Executive proposal to authorize dairy
market orders to fund activities for assisting dairy farmers through
an assessment on milk production.

ALCOHOLIC BEVERAGE CONTROL BOARD

State Operations (S6250-B)
* The Senate concurs with the Executive appropriation level of $17.1
million, an increase of $141,000 from SFY 2011-12 levels.

ALL STATE DEPARTMENTS AND AGENCIES

AUDIT AND CONTROL, DEPARTMENT OF

State Operations (S.6250-B)
* The Senate denies $6.5 million in additional funding for 91 of 98
requested additional full time equivalent employees.

Aid to Localities (S.6253-C)
* The Senate concurs with the Executive recommendation of $32,025,000.

BUDGET, DIVISION OF THE

State Operations (S.6250-B)

* The Senate amends the Executive recommendation for State Operations
as follows:
o Denies $470,000 associated with ten additional positions;
o Restores $479,000 for membership dues, to various organizations.

CHILDREN AND FAMILY SERVICES

State Operations (S.6250-B)
* The Senate modifies the Executive's Recommendation of $529.1
million, a decrease of $71,800 or 0.01 percent from SFY 2011-12
levels, as follows;
o Denies the proposal to establish a new $15 million 24-hour
hotline for the protection of vulnerable persons and reallocates
$2.2 million of the savings for the expansion of 2-1-1.

Aid to Localities (S.6253-C)
* The Senate modifies the Executive's Recommendation of $3.26 billion,
an increase of $38.5 million or 1.19 percent from the SFY 2011-12
levels, as follows:
* The Senate restores or adds funding to the following General Fund
programs:
o Child Care Subsidies, add $9 million
o Youth Development and Delinquency Program / Special Delinquency
Prevention Program / Runaway Homeless and Youth Act
(YDDP/SDPP/RHYA), restore $3.5 million for a total of $20
million;
o Child Advocacy Centers, restore $2.0 million for a total of $7.2
million;
o Boys and Girls Club, add $1.0 million for a total of $1.0
million.
* The Senate denies the proposal to establish a new $2.0 million
Public/Private Partnership Pilot Program.
* The Senate reduces Detention Services funding by $4 million and
reallocates funds to restore the Community Reinvestment program.
* The Senate modifies the Executive proposal to eliminate the Human
Services COLA by suspending the COLA for one year, and requiring the
Executive to create a plan, pursuant to legislative approval, for
performance-based annual payment adjustments in the future.
* The Senate restores funding for the following Temporary Assistance
for Needy Families (TANF) programs within the Office of Temporary
and Disability Assistance:
o Non-Residential Domestic Violence Services: Restore $1.5
million.
o Community Reinvestment: Restore $4.0 million; and
o Child Care Facilitated Enrollment: Restore $1.3 million.

Capital Projects (S.6253-B)
* The Senate concurs with the Executive's Recommendation of $37.7
million, consistent with SFY 2011-12 levels.

Article VII Proposals (S.6257-B)
* PART F: The Senate amends the Executive's proposal to extend the
current reimbursement structure for child welfare financing for an
additional five years as follows:
o Denies the proposal to reduce State reimbursement for Child
Welfare Services in statute from 65 percent to 62 percent;

o Denies the proposal to add Subsidized Kinship Guardianship
Assistance in statute as an allowable expense of the Foster Care
Block Grant;
o Denies the proposal to reduce State reimbursement for Adoption
Subsidies in statute from 65 percent to 62 percent; and
o Continues to notwithstand statute in appropriation language, for
the above changes, to reflect current practice.
* PART G: The Senate amends the Executive's proposal to implement the
"Close to Home" initiative as follows:
o Authorizes New York City (NYC) to submit a plan to OCFS on their
proposal to operate a limited secure system, however eliminates
the authority to implement the plan without Legislative
approval;
o Amends the proposal to notwithstand the 12-month closure notifi-
cation for one year after OCFS accepts the NYC's non-secure plan
by limiting this provision to only non-secure facilities;
o Amends the proposal to require dispositional hearings in order
for OCFS to "step down" youth in their custody in counties
outside of the City of New York; and
o Denies the proposal to remove the authorization of a Family
Court Judge to place a youth in a specific voluntary agency
outside of the City of New York.

CITY UNIVERSITY OF NEW YORK (CUNY)

State Operations (S.6250-B)
* The Senate amends the Executive proposal to include $11 million in
tuition revenues that are to be returned to the University as part
of the SFY 2009 - 10 budget agreement.
* The Senate proposes a transfer of $10.8 million from the Income
Reimbursable Account to the General Fund.

Aid to Localities (S.6253-C)
* The Senate amends the Executive's proposal to add $3,814,700 or $100
per full time equivalent student in base operating aid to CUNY
community colleges.

Capital (S.6254-B)
* Recognizing that the current five-year capital plan for CUNY is set
to expire in SFY 2012-13, the Senate encourages the development of a
plan to address CUNY's ongoing capital needs.

Article VII (S.6257-C)
* PART Q: The Senate proposes to increase base operating aid for CUNY
community colleges for the next four fiscal years, provided annual
tuition increases do not exceed the consumer price index, and
require that the Trustees of each community college report on vari-
ous performance related measures.

CIVIL SERVICE, DEPARTMENT OF

State Operations (S.6250-B)
* The Senate concurs with the Executive recommendation of $56,671,000.
* The Senate proposes to realize $50 million in additional General
Fund revenue by accelerating payments from the Federal government to
New York State from revenue associated with Employer Group Waiver
Plans (EGWP).

Article VII Proposal (S.6260-B)
* PART B: The Senate denies the Executive proposal to merge the
Department of Civil Service and the Office of Employee Relations
into a newly created Department of Workforce Management.

Article VII Proposal (S.6255-C)
* Part H: The Senate will consider modifications to the Executive's
pension reform proposal when submitted to the legislature. Enacting
fair and equitable pension reform is critical to providing the state
and local governments with fiscal relief and driving down property
taxes. Maintaining a retirement system that rewards hardworking
government employees with a fair and financially secure retirement
while maintaining the fiscal integrity of localities and the state
should be the end result of any reforms.
* PART M: The Senate denies the Executive's proposal to amend the
civil service law in regard to hiring and promotion practices.
* PART S: The Senate proposes a new article VII to eliminate uncer-
tainty in the handling of service charges as they relate to catering
and banquet facilities.

COLLECTIVE BARGAINING AGREEMENTS

State Operations (S.6250-B)
* The Senate concurs with the Executive recommendation of $25,038,000.

COMMISSION OF CORRECTIONS, STATE

State Operations (S.6250-B)
* The Senate concurs with the Executive recommendation of $2.9
million.

CORRECTIONS AND COMMUNITY SUPERVISION, DEPARTMENT OF

State Operations (S.6250-B)
* The Senate concurs with the Executive recommendation of $3 billion.

Aid to Localities (S.6253-C)
* The Senate concurs with the Executive recommendation of $31 million.

Capital Projects (S.6253-B)
* The Senate concurs with the Executive recommendation of $320
million.

Article VII Proposals (S.6255-C)
* Part S: The Senate advances legislation to amend current reporting
requirements of the Department of Corrections and Community Super-
vision.
* Part Y: The Senate advances legislation which provides employees
previously in the facility parole officer title to be transferred to
an open parole officer or senior parole officer position before that
position is filled by a newly hired employee.

COUNCIL OF THE ARTS

State Operations (S.6250-B)
* The Senate concurs with the Executive recommendation of $4,219,000.

Aid to Localities (S.6253-C)

* The Senate concurs with the Executive recommendation of $33,464,000.

CRIMINAL JUSTICE SERVICES, DIVISION OF

State Operations (S.6250-B)
* The Senate concurs with the Executive recommendation of $94.5
million.

Aid to Localities (S.6253-C)
* The Senate concurs with the Executive recommendation of $161.5
million, with the following modifications:
o Modifies the Executive recommendation, without prejudice,
related to the Federal Edward Byrne Justice Assistance Grant
(JAG) appropriation. Alternatively the Senate requests that the
Byrne/JAG program be allocated as it has been in previous years.
o Modifies the Executive recommendation, without prejudice,
related to the Federal Edward Byrne Justice Assistance Grant
(JAG) American Recovery and Reinvestment Act of 2009. Alterna-
tively the Senate request that a portion of the ARRA funds be
distributed pursuant to a Senate Resolution.
o Provides $700,000 for District Attorney Salaries associated with
Judicial salary increases.
o Restores funding of $609,000 for domestic violence programs with
the use of the Criminal Justice Improvement Account; Provides
$600,000 for Family Court Domestic Violence services and
$500,000 for training of local law enforcement and judges in
Domestic Violence with the use of the Criminal Justice Improve-
ment Account.
o Restores funding of $650,000 for civil or criminal legal
services for domestic violence programs with the use of the
Legal Services Assistance Account; Provides $600,000 for the
Indigent Parolee Program from the Legal Services Assistance
Account.
o Provides $250,000 for the purchase of stab-resistant gloves for
New York City corrections officers.
o The Senate denies the Executive proposal to provide $1 million
for services and expenses of statewide indigent legal services
for persons reentering communities from state prison.

Article VII Proposals (S.6255-C)
* Part A: The Senate concurs with the Executive proposal to expand the
DNA Databank.
* Part B: The Senate concurs with the Executive proposal to eliminate
the Combined Ballistic Identification System (CoBIS).
* Part C: The Senate concurs with the Executive proposal to require
that the trial date for a traffic violation must be a date subse-
quent to the date of an initial appearance.
* Part D: The Senate denies the Executive proposal to provide more
flexible probation sentencing options for the courts.
* Part E: The Senate modifies the Executive proposal to expand the
authority of State judges to order the forfeiture of proceeds in a
sentencing by including additional third party provisions.
* Part F: The Senate concurs with the Executive proposal to continue
provisions relating to the disposition of certain monies recovered
by county district attorneys.
* Part V: The Senate advances language to require the State to fund
any increase to counties required for District Attorney salary
increases triggered by judicial salary increase.

DEFERRED COMPENSATION BOARD

State Operations (S.6250-B)
* The Senate concurs with the Executive recommendation of $892,000.

ECONOMIC DEVELOPMENT, DEPARTMENT OF

State Operations (S.6250-B)
* The Senate concurs with the Executive recommendation of $4,879,000
for the Administration Program.
* The Senate concurs with the Executive recommendation of $385,000 for
the Clean Air Program.
* The Senate denies $1,000,000 for the Economic Development Program to
pay for the administrative costs of the regional economic develop-
ment councils.
* The Senate restores $660,000 in funding for services and expenses of
the tourism marketing program.

Aid to Localities (S.6253-C)
* The Senate concurs with the Executive recommendation of $30,594,000
for the High Technology Program.
* The Senate adds $340,000 for the Marketing and Advertising Program
to provide additional funding for local tourism matching grants.
* The Senate concurs with the Executive recommendation of $343,000 for
the Science and Technology Law Center.
* The Senate concurs with the Executive recommendation of $7,470,000
for the Training and Business Assistance Program

Article VII Proposals (S.6258-C)
* PART U: The Senate concurs with the Executive proposal to expand the
Linked Deposit Program to include agri-businesses.

DEPARTMENT OF EDUCATION
State Operations (S.6250-B)
* The Senate concurs with the Executive recommendation of
$582,345,000.

Aid to Localities (S.6253-C)
* The Senate includes the following modifications to the Executive's
recommendations:
o Reduces the $250,000,000 for performance grants to $50,000,000.
o Includes an additional $16,000,000 for Nonpublic School Aid.
o Includes $5,000,000 for the High Achieving School Senate
Program.
o Includes $100,000 for North Country Cultural Center for the
Arts.
o Includes an additional $3,160,000 for library aid.
o Includes $500,000 for the Center for Autism and Related Disor-
ders
o Includes $450,000 for the Council on the Humanities.
o Restores $3,480,000 for Higher Education Opportunity Program
Awards.
o Restores $1,700,000 for Liberty Partnerships Program Awards.
o Restores $1,000,000 for the Missing Children Program.
o Restores $235,000 for the Just for Kids Program.
o Restores $100,000 for National History Day.
o Adds $275 million to provide property tax rebates for the Senior
Star Rebate Program.

o Provides language to expand the use of reappropriate funds.

Capital Projects (S.6253-B)

* The Senate concurs with the Executive Recommendation of $17,400,000.

Article VII Proposals (S.6257-D)

* The Senate concurs with the Executive's proposal to require that
Teacher and Principal Annual Professional Performance Reviews be
implemented on or before January 17, 2013 in order to receive
increases in school aid, however, adds provisions requiring a rigor-
ous explanation of deficiencies if a plan is denied, a 10 day time
line for the review of resubmitted plans, flexibility for high
performing schools, and incentive aid for those costs required by
3012-c of the education law that are in excess of the prior year
expenditures.
* The Senate concurs with the Executive's proposal to provide for
expedited Annual Professional Performance Review appeals in New York
City.
* The Senate modifies the Executive's Gap Elimination Adjustment. The
Senate denies an additional $200 million for performance grants and
reprograms the funding by modifying the Executive's Gap Elimination
Adjustment to further target low wealth, rural, and high needs
school districts in an attempt to achieve regional balance.
* The Senate concurs with the Executive's proposal to restore $290
million of the Gap Elimination Adjustment.
* The Senate modifies Contract for Excellence to only include cities
with a population of one million or more.
* The Senate concurs with the Executive's building aid forgiveness
plan to allow districts to receive building aid for those years in
which a final cost report was not filed with the State Education
Department.
* The Senate includes language to require a study to be conducted by
the Comptroller to report on the issues surrounding financially
distressed school districts.
* The Senate includes provisions to authorize for-profit businesses
and corporate entities to establish Charter Schools.
* The Senate includes multiple changes to New York City transportation
requirements for public and non public schools for children attend-
ing kindergarten through eighth grade.
* The Senate includes incentives for school districts to purchase
electric buses through NYSERDA and incentives for school districts
to reduce transportation costs.
* The Senate includes the expansion of aidable services for BOCES as
well as flexibility in contracting provisions.
* The Senate corrects technical errors in transportation contracting.
* The Senate includes a requirement that any students with parents who
participate in social services programs be automatically enrolled in
the Free and Reduced Price Lunch Program.
* The Senate includes academic incentives to high achieving schools.
* The Senate includes an allowance for Universal Pre Kindergarten
programs to correct administrative errors and receive withheld fund-
ing.
* The Senate includes a requirement that Schools for the Blind and
Deaf be reimbursed by the district of the student's residence, rath-
er than the student's district of origin.

* The Senate includes various allowances for school districts unable
to complete the required one hundred and eighty days of school
instruction required by law.
* The Senate includes authorization for multiple school districts to
establish a regional high school with additional incentive aid.
* The Senate modifies the Executive's proposal to shift a portion of
the County growth in preschool special education cost to the State
and school districts.
* The Senate denies the Executive's proposal to create an arm's length
distance between preschool special education service evaluators and
providers as well as requiring the consideration distance of an
available program from a child's residence when placing the child.
* The Senate denies without prejudice the Executive's proposal to
shift a portion of costs in program growth for early intervention
pre-schools to school districts.
* The Senate denies without prejudice the Executive proposal to
require school districts to purchase school buses from the State
contract.
* The Senate concurs with the Executive proposal to reform the teacher
disciplinary process, but denies the sharing of costs with schools,
teachers and collective bargaining units.
* The Senate denies without prejudice the Executive's proposal to
freeze the School aid run to the November database.
* The Senate denies without prejudice the Executive's proposal to
include bonus points for management efficiency grants for those
districts that submit a teacher and principal evaluation process
before September 1, 2012.
* The Senate extends allowing school districts to access the excess of
their Employee Benefit Accrued Liability Reserve Fund for 2012-13.
* The Senate repeals the section of law requiring BOCES to return
funds in the Employee Benefit Accrued Liability Reserve Fund to
component school districts.
* The Senate provides increased Library funding in order to offer
adult literacy programs.
* The Senate provides an exemption to libraries and library systems
from the MTA Payroll Tax.

DEVELOPMENTAL DISABILITIES PLANNING COUNCIL

State Operations (S.6250-B)
* The Senate concurs with the Executive's recommendation of $4.8
million.

ELECTIONS, STATE BOARD OF

State Operations (S.6250-B)
* The Senate concurs with the Executive recommendation of $5,305,000.

Aid to Localities (S.6253-C)
* The Senate concurs with the Executive recommendation of $1,000,000.

EMPIRE STATE DEVELOPMENT CORPORATION

Aid to Localities (S.6253-C)
* The Senate denies without prejudice the Executive recommendation of
$50,400,000 for the Empire State Economic Development Fund in order
to review the process by which projects are identified and funded.

* The Senate denies without prejudice the Executive recommendation of
$16,200,000 for the Jobs Now Program in order to review the process
by which projects are identified and funded.
* The Senate includes $5,000,000 in funding for military base
retention.

Capital Projects (S.6253-B)
* The Senate denies without prejudice the proposal to provide funding
of $250,000,000 for the SUNY College for Nanoscale and Science Engi-
neering until a plan for the multi-region investment is established.
* The Senate concurs with the Executive recommendation of $110,000,000
for the NY SUNY 2020 Challenge Grant Program.
* The Senate concurs with the Executive recommendation of $25,000,000
for the video lottery terminal facility at Aqueduct.
* The Senate denies without prejudice the proposal to provide funding
of $75,000,000 for the New York Works Economic Development Fund
pending identification of the use of the funding.
* The Senate denies without prejudice the proposal to provide funding
of $130,000,000 for allocation by the regional economic development
councils.
* The Senate provides funding of $9,000,000 for the Western New York
Science Technology Advanced Manufacturing Park

Article VII Proposals (S.6258-C)
* PART Q: The Senate denies the authorization for the sale of property
of the New York Convention Center Operating Corporation and the
deposit of the proceeds of such sale into the General Fund.
* PART R: The Senate amends the proposal to permanently authorize UDC
to issue loans; instead, extending such authorization for one year.
* PART S: The Senate amends the proposal to make the Economic Develop-
ment Fund permanent; instead, extending the Fund for one year.
* PART T: The Senate denies the proposal to provide UDC with general
grant making authority.
* PART AA: The Senate approves the proposal to increase the cap on the
cost recovery assessment from $60 million to $62 million.
* PART BB: The Senate denies the proposal to allow the Dormitory
Authority to provide financing and construction services to any
state agency or any public corporation in the State.
* PART MM: The Senate proposes to include veteran owned businesses
under the Minority and Women Owned Business Enterprise program.

Employee Relations, Office of

State Operations (S.6250-B)
* The Senate denies $1.1 million in requested additional funding for
three full time equivalent employees.

ENERGY RESEARCH AND DEVELOPMENT AUTHORITY

State Operations (S.6250-B)
* The Senate concurs with the Executive recommendation of $8,090,000.

Aid to Localities (S.6253-C)
* The Senate concurs with the Executive recommendation of $8,140,000.

Capital Projects (S.6253-B)
* The Senate concurs with the Executive recommendation of $14,000,000.

Article VII Proposals (S. 6258-C)
* PART O: The Senate concurs with the Executive proposal to transfer
$913,000 from the unrestricted corporate funds of the Authority to
the State General Fund to offset New York's debt service require-
ments related to the Western New York Nuclear Service Center.
* PART P: The Senate concurs with the Executive proposal to authorize
the Authority to finance a portion of its activities, as well as the
Department of Environmental Conservation's Climate Change Program,
through an annual assessment on gas and electric corporations.
* Part DD: The Senate denies, without prejudice, the Executive's
proposal to require the recording of a declaration to provide notice
to prospective purchasers of real property of a charge on the utili-
ty meter associated with an on-bill loan to enable the State to
devise a more effective method to ensure that on-bill loan repayment
programs will be less subject to voluntary defaults.

DEPARTMENT OF ENVIRONMENTAL CONSERVATION

State Operations (S.6250-B)
* The Senate amends the Executive's proposal to fund the Department of
Environment Conservation's state operations level of $433,666,000 by
an additional $5,070,000 to support programs in the Conservation
Fund to better reflect Senate priorities.

Aid to Localities (S.6253-C)
* The Senate amends the Executive's proposal to fund the Department of
Environment Conservation's Aid to Localities efforts at a $1,676,000
through an addition of $400,000 to restore and augment the Cornell
Community Integrated Pest Management Program.

Capital Projects (S.6253-B)
* The Senate concurs with the Executive proposal for $609,143,000 in
capital project funding, but urges amendments to the Environmental
Protection Fund to better reflect Senate priorities including
increasing efforts for invasive species eradication.

Article VII Proposals (S. 6258-C)
* PART H: The Senate amends the Executive proposal to streamline
license and tag requirements by denying the re-imposition of the
surf-clam and quahog fee that expired on April 1, of 2010.
* PART J: The Senate concurs with the Executive's proposal to incent
the recycling of hazardous waste and hazardous wastewater through
greater recycling efforts.
* PART HH: The Senate advances legislation that extends the moratorium
on the collection of saltwater fishing licenses fees for another two
years until December 31, 2014.
* PART II: The Senate advances legislation to transfer unredeemed
deposits collected under the Returnable Container Act (Bottle Bill)
from the General Fund to the Environmental Protection Fund beginning
in SFY 2013-14 at the rate of $20 million a year until the Fund
reaches a supportable spending level of $250 million a year.
* PART JJ: The Senate advances legislation to delay the implementation
of the Diesel Emission Reduction Act by three years to provide an
opportunity for better technologies to capture the market.
* PART OO: The Senate advances legislation to authorize the use of
gift cards to be redeemed for the purchase of fishing and hunting
licenses.

* PART PP: The Senate advances legislation to ensure the sustainabili-
ty of State forests through a rational downed tree marking and
harvesting program.
* PART UU: The Senate advances legislation to amend the New York State
Returnable Container Act to clarify and streamline the responsibil-
ities of deposit initiators, redemption centers and dealers (retail-
ers) in order to increase the accuracy of container counts, and to
make the operation of the bottle and can redemption system less
labor intensive and more cost effective.
* PART VV: The Senate advances legislation to extend the implementa-
tion deadline for the reduction of sulfur contents for home heating
oil by three years until July 1, 2015 so that the measure will not
produce such a substantial drag on the State's economic recovery and
employment prospects.
* PART XX: The Senate advances legislation to encourage the repowering
of aging power plants serving Long Island through providing incen-
tives for such repowering via the Brownfield Cleanup Program. This
measure would protect the property tax base for schools and munici-
palities for many communities where such plants are sited, and
encourage the remediation and redevelopment of the former Shoreham
nuclear facility.

Article VII Proposals (S. 6260-B)
* PART D: The Senate concurs with the Executive proposal to eliminate
or merge redundant or inactive various environmentally related
boards and commissions.

ENVIRONMENTAL FACILITIES CORPORATION

State Operations (S.6250-B)
* The Senate amends the State Operations Bill to ensure that the Envi-
ronmental Facilities Corporation expenses remain in the State Budget
by restoring an appropriation of $12,310,000.

Capital Projects (S.6253-B)
* The Senate amends the Executive's Capital proposal to ensure that
Environmental Facilities Corporation capital remains under Legisla-
tive and Office of the State Comptroller oversight, and provides a
$343,000 appropriation for this purpose.

Article VII Proposal (S.6258-C)
* Part K: The Senate denies, without prejudice, the Executive proposal
to remove State Operating Support to the Environmental Facilities
Corporation with respect to the Clean Water and Clean Drinking Water
State Revolving Funds from the State Budget, and shift relating
funding to internal Corporate control.

EXECUTIVE CHAMBER

State Operations (S.6250-B)
* The Senate concurs with the Executive recommendation of $17,854,000.

FINANCIAL SERVICES

State Operations (S.6250-B)

* The Senate concurs with the Executive appropriation level of $326.6
million, a decrease of $2.8 million from SFY 2011-12 levels.

Aid to Localities (S.6253-C)

* The Senate concurs with the Executive appropriation level of $225.6
million, no change from SFY 2011-12 levels.

GENERAL SERVICES, OFFICE OF

State Operations (S.6250-B)

* The Senate amends the Executive recommendation of $984,286,000 to:
* Reduce requested non-cash backed Internal Services Fund appropri-
ation authority from $500 million to $300 million; and
* Deny $1 million in additional funding for 14 full-time equivalent
employees.

CAPITAL PROJECTS (S.6253-B)
* The Senate concurs with the Executive recommendation of $82,000,000.

Article VII Proposal (S.6255-C)
* PART L: The Senate amends the Executive proposal related to procure-
ment to:
* maintain the oversight role of the State Comptroller at its current
level;
* Remove language permitting the interchange of "lowest price" and
best value;
* Remove language authorizing state agencies to require electronic bid
submission;
* Require the Commissioner of the Office of General Services to
complete a study before identifying a quantifiable factor to award
additional credit to small businesses and minority- women owned
businesses that are submitting bids for contracts with state agen-
cies; and,
* Extend the Procurement Stewardship Act until June 30, 2013 as
opposed to making it permanent.

GENERAL STATE CHARGES

State Operations (S.6250-B)
* The Senate denies the Albany Pilot project payment of $7.85 million.

Article VII Proposal (S.6255-C)
* PART I: The Senate concurs with the Executive proposal to require
that active and retired employees of public authorities share in the
cost of Medicare Part B premiums in the same manner as State employ-
ees.
* PART K: The Senate denies the Albany South Mall PILOT payment
increase of $7.85 million.

GREENWAY HERITAGE CONSERVANCY OF THE HUDSON RIVER VALLEY

State Operations (S.6250-B)
* The Senate concurs with the Executive recommendation of $166,000.

HEALTH, DEPARTMENT OF

State Operations (S.6250-B)
* The Senate modifies the Executive's recommendation of $2.2 billion
as follows:

* Denies the Executive's proposal to create an Electronic System for
Death Registry.

Aid to Localities (S.6253-C)
The Senate modifies the Executive's recommendation of $106.7 billion as
follows:
* Provides $48.2 million to reinstate provisions of the Elderly Phar-
maceutical Insurance Coverage Program.
* Denies the proposal to require the Child Health Plus program to
cover Early Intervention services, and achieve $1.2 million in
savings.
* Increases funding for the following programs:
o $1,000,000 for Infertility Services programs; and
o $299,500 for the Maternity and Early Childhood Foundation.
* Provides new funding for the following programs:
o $678,000 for Public Pain Management and Education;
o $500,000 for Women's Health and Wellness programs;
o $372,000 for the Niagara Health Quality Coalition;
o $50,000 for Epilepsy Foundation for Northeastern New York; and
o $50,000 for a Tele-health Demonstration project.
* Denies the Executive proposal to make SFY 2012-13 the first year of
a new two-year Medicaid budget cycle, and reduces Medicaid appropri-
ations by $52.0 billion.
* Denies the proposal to cap Medicaid Administration reimbursement,
and requires the Executive to achieve $23 million in savings through
administrative mandate relief actions.
* Modifies the Executive's proposal to take over the growth of the
local share of Medicaid expenditures by providing localities with
fiscal relief in SFY 2012-13, and provides $36.8 million.
* Denies the Executive's proposal to eliminate Spousal Refusal and
restores $34.3 million.
* Denies the Executive's proposal to expand Medicaid services, and
achieves savings totaling $8.0 million.
* Denies the proposal to establish a Primary Care Service Corps Loan
Practitioner Loan Repayment program, and achieves $500,000 in
savings.
* Delays the implementation of the Supportive Housing Program to
achieve savings of $52.5 million, and sub allocates an additional $5
million to the Division of Housing and Community Renewal (DHCR).
* Modifies the Executive's proposal for Hospital Transition funding by
redirecting $25 million for increased hospital funding under Medi-
caid, and by repurposing $25 million to achieve additional savings.
* Eliminates duplicative reporting funding and achieves $1.3 million
in savings.
* Provides $2.6 million associated with amending the definition of
Medicaid estates.
* Provides $2 million to establish a Diversion Pilot Program for
detoxification of opioid prescription pain medication on an out
patient or short term, non-medical residential basis in the follow-
ing four regions: Western New York; Central New York; Staten Island;
and Long Island. The Senate estimates this program will offset $2
million in inpatient Medicaid expenditures.
* Provides $1.2 million associated with critical access hospitals.
* Provides $11.3 million for establishing provider prevails for Medi-
caid managed care.
* Achieves $4.9 million in savings associated with advancing non-cont-
rolled substance legislation.

* Achieves $1.5 million in savings associated with the proposed
increase to Medicaid copayments for non-emergant care.
* Achieves $100 million in savings by maximizing Federal revenue.

Article VII Proposals (S.6256-C)
The Senate modifies Executive Article VII proposals as follows:
* Modifies the proposal to implement Early Intervention reforms by
only accepting the provision that would establish a Statewide fiscal
intermediary to handle billing and payments.
* Denies, without prejudice, the Executive's proposals to:
o Establish an Electronic System for Death Registry outside of
New York City;
o Require Roswell Park Cancer Institute to become financially
independent from the State by SFY 2014-15;
o Establish a New York State Health Benefit Exchange; and
o Limit the Excess Medical Malpractice Coverage Pool.
* Modifies the Executive's proposal to eliminate the growth of the
local share of Medicaid and to take over the administration of the
Medicaid program as follows:
o Provides counties with immediate fiscal relief by modifying and
providing additional relief in 2013-14 - over 5 years the plan
will save counties $1.2 billion, the same as the Executive
proposal. The Executive proposal to eliminate the local growth
of Medicaid expenditures in SFY 2012-13;
o In addition to the takeover of local Medicaid growth, and
optional program to assume the local Medicaid share will provide
counties with $1.25 in local Medicaid share relief for every
$1.00 in tax revenues returned to the State. Under the plan,
counties could see their Medicaid local share further reduced.
o Denies the Executive's proposal to cap reimbursement to locali-
ties for Medicaid administrative costs; and
o Requires localities to pass-through savings associated with the
takeover of local Medicaid growth to tax payers in the form of
property tax relief.
* Modifies the Executive's proposal to implement Medicaid Redesign
Team Phase II proposals as follows:
o Modifies the proposal to reinvest General Fund savings derived
from inpatient hospital or nursing home bed decertification
and/or facility closures into a new supportive housing develop-
ment reinvestment program by requiring DOH to establish a plan
on how funds would be allocated and by reprogramming $5 million
of the funds to DHCR;
o Modifies the proposal to allow Assisted Living Programs (ALPs)
to contract with more than one long-term home health care
program, certified home health agency and/or other qualified
provider by clarifying the reimbursement of ALPs for pre-admis-
sion assessments;
o Modifies the proposal to repeal social service law requiring
establishment of assisted living program beds following the
decertification of an equal or greater number of nursing home
beds. The amendment allows the ALP program to continue to expand
the number of beds without the requirement that a nursing home
bed must be eliminated in order for an ALP bed to become avail-
able;
o Modifies the proposal to extend Medicaid coverage by denying the
expansion that would include harm reduction counseling to reduce
the adverse health consequences associated with drug use, smok-
ing cessation by dentists, and Hepatitis C wrap-around services;

o Modifies the proposal to expand enteral formula therapy to
persons with a diagnosis of HIV infection, AIDS or HIV-related
illness, by expanding it to persons with diabetes, renal fail-
ure, and cancer;
o Modifies the proposal to allow HIV special needs plans to enroll
related children up to age 21 and other high needs populations,
as determined by the Commissioner, by requiring the Department
to establish a plan on which "high needs" populations would be
included;
o Denies the proposal to require chains of five or more pharmacies
to provide translation language services to individuals with
limited English proficiency;
o Denies the proposal to require coordination of service delivery
by community based organizations among providers and plans using
health information technology and uniform screening criteria for
perinatal risk;
o Denies the proposal to establish a new Primary Care Service
Corps Practitioner Loan Repayment Program;
o Denies the proposal to require 120-days notice to the public
health and health planning council if a not-for-profit hospital
corporation wants to make a change in the board of directors;
o Denies the proposal to authorize the Commissioner to temporarily
appoint members of the board, and suspends or limits an operat-
ing certificate of a not-for-profit corporation without a hear-
ing under certain conditions;
o Denies the proposal to require that board members subject to
indictment or action for removal shall immediately and complete-
ly cease and withdraw from participation in the management,
governance or operation of the hospital;
o Modifies the proposal to authorize the Commissioner to appoint a
temporary operator of a facility in the event of severe manage-
ment failures that endanger the life, health or safety of resi-
dents or patients by narrowing the scope and powers of the
Commissioner as it relates to taking over the operation of a
facility;
o Modifies the proposal to extend the authority of the Dormitory
Authority of the State of New York to establish one or more
subsidiaries to reduce potential liability by limiting the
extension to medical facilities only, and by sunsetting the
provision in three years;
o Denies the proposal to replace references to the Elderly Pharma-
ceutical Insurance Coverage (EPIC) panel with "Commissioner" to
reflect amendments in the SFY 2011-12 budget that eliminated the
panel;
o Modifies the proposal to authorize DOH to promulgate regulations
for bed hold payments by requiring the Department to establish a
bed hold plan that is subject to Legislative approval, and by
eliminating the authority of the Commissioner to eliminate bed
holds if CMS denies the State's plan;
o Denies the proposal to change home care workforce recruitment
and retention funds;
o Denies the proposal to eliminate the requirements of DOH to post
certain information on their website related to meetings of the
Pharmacy and Therapeutic Committee;
o Modifies the proposal to limit the Medicaid co-insurance for
Medicare-covered Part B services when the total co-insurance
amount would exceed the amount Medicaid would have paid using a

Medicaid rate for all qualified individuals by sunsetting this
provision in 2014;
o Denies the proposal to extend funding under the Health Care
Efficiency and Affordability Law for New York (HEAL-NY) to diag-
nostic and treatment;
o Modifies the proposal to extend the Commissioner's authority to
issue regulations limiting reimbursement for potentially
preventable conditions and complications to the outpatient
setting by stipulating that none of the quality measures shall
include any preventable conditions and complications not identi-
fied for Medicare non-payment, or limited payment;
o Modifies the proposal to require managed care programs, managed
long term care programs, and care coordination models to offer
consumer directed personal assistance programs to enrollees by
making this change permissive;
o Denies the proposal to require counties that have implemented a
mandatory managed care program to use the Statewide enrollment
broker;
o Modifies the proposal to eliminate the requirement for appli-
cants that operate managed long term care plans be a hospital,
certified or licensed home care agency, health maintenance
organization or not-for-profit organization with a history of
providing or coordinating health care and long-term care
services to the elderly and disabled persons by providing
increased flexibility for applicants;
o Denies the proposal to prohibit a spouse or parent from refusing
to contribute any available income or assets towards the cost of
health care services being provided to a spouse or family
member;
o Modifies the proposal to extend the Medicaid Global Spending Cap
through SFY 2013-14 and accommodates increased costs to the
State for beginning the takeover of local Medicaid spending
growth by denying the extension of the Medicaid Cap and require
a Comptroller audit on the current cap;
o Denies the proposal to authorize the Commissioner to promulgate
rules and regulations to award the Empire Clinical Research
Investigation Program (ECRIP) grant on and after April 1, 2013;
and
o Denies the proposal to clarify that local governments cannot
make claims for "overburden aid" if incurred prior to January 1,
2006 when the local cap statute took effect.

* Advances new MRT Phase II legislation to:
o Establish a workgroup on Medicaid reimbursement for medically
fragile children;
o Extend the time frame for which certain homecare providers for
Medical assistance recoupments and reductions may be paid;
o Establish a rate enhancement for rural hospitals designated as
critical access centers;
o Stipulate that no more than 50 percent of Health care Efficiency
and Affordability Law of New Yorkers (HEAL NY) funds can be
distributed to a particular economic region;
o Establish a methodology to share savings in the event that Medi-
caid spending is under the Global Cap;
o Require a study on the establishment of Long Term Acute Care
Hospital (LTACS) in New York State;
o Clarify the survey requirements for Office of Mental Health
regulated hospitals;

o Establish prescriber prevails for Medicaid managed care;
o Increase copayments for non-emergent emergency room services;
o Establish up to seven demonstration projects to develop, evalu-
ate, and implement a flexible approach to allowing equity inves-
tors to invest in and hold an equity interest as operators of
healthcare facilities; and
o Remove the capital component from managed long term care plan
reimbursement.

* Advances legislation to:
o Repeal the expanded definition of estates under Medicaid;
o Establish criteria for telemedicine credentialing and providers;
o Establish a rural home tele-health delivery demonstration;
o Provide safeguards to the initial implementation of mandatory
enrollment of managed long term care;
o Repeal the Clifton Fine Health Care Public Benefit Corporation,
and provide for the transfer of assets and powers to a not-for-
profit corporation;
o Increase the percentage of State reimbursement for aerial spray-
ing for mosquitoes on State land to one-hundred percent.
o Establish a prescription pain medication awareness program to
educate the public and health care practitioners about the risks
associated with prescribing and taking controlled substance pain
medication;
o Streamline the application process for distribution of the funds
under the Doctor's Across New York program;
o Advances provisions related to amnesty for penalties for
surcharges and assessments;
o Establish a process for limited or administrative review for any
eligible capital projects under Federally Qualified Health
Centers;
o Establish a pilot program for detoxification of opioid
prescription pain medication on an outpatient or non-medical
residential short term stay basis;
o Direct the Commissioner of Health to develop regulations regard-
ing facilitating and regulating the use of a triage system of
care and require the commissioner to submit a report to the
Temporary President of the Senate and the Speaker of the Assem-
bly within one year.
o Establish and clarify that a "qualified independent clinic" can
benefit from the general hospital indigent care pool in the same
manner as a "qualified hospital-controlled diagnostic and treat-
ment center"; and
o Extend provisions for risk based capital and create a new fund
standard for Medical Malpractice Carriers by 2015.

* Advances legislation to require the Division of Budget, in consulta-
tion with the Office of the State Comptroller, to report to the
Legislature on the actual fiscal impact of previous significant
budgetary actions.
* Advances legislation to require the Department of Health to report
to the Legislature on the implementation of safety protocols and a
review of non-essential Medicaid benefits, including recommenda-
tions.
* Advances legislation to require excess medical malpractice coverage
to be purchased by New York admitted carriers.

Article VII Proposals (S.6260-B)

* Denies the Executive's proposal to consolidate emergency medical
services councils and boards.

Capital Projects (S.6253-B)
The Senate modifies the Executive's recommendation of $39.7 million as
follows:
* Restores the $25 million fundingallocation for the Roswell Park
Cancer Institute.

Miscellaneous: Supports the advancement of comprehensive proposals
that would ensure the continued success and viability of the Long
Term Home Health program, and other long term care programs, as the
State moves to a system of managed long term care. Such proposals
must include:

* A system of safeguards for patients enrolled in managed long term
care to ensure continuity of care, appropriate utilization of
services, and quality benchmarks;

* A comprehensive and thoughtful analysis of the implementation of
managed long term care including its effectiveness, how services are
accessed and utilized, the enrollment process, quality of care,
adequacy of reimbursement and how the system integrates with other
components to ensure continuity of care. The results of the analysis
should be reported to the legislature, the Governor, and to stake-
holders for review and comment, and for potential legislative
action; and

* A system of reimbursement that would allow unique programs, such as
the Long Term Home Health Care Program, continue to interoperate
with the State's long term care system. The system should include
adequate and responsible reimbursement, which may include an episod-
ic payment methodology, that results in the continuation of a stable
and consistent system of care.

HIGHER EDUCATION SERVICES CORPORATION (HESC)

State Operations (S.6250-B)
* The Senate denies the Executive proposal to transfer the debt
collection functions of HESC to the Department of Taxation and
Finance.

Aid to Localities (S.6253-C)
* The Senate concurs with the Executive's proposal.

HOMELAND SECURITY AND EMERGENCY SERVICES, DIVISION OF

State Operations (S.6250-B)
* The Senate concurs with the Executive recommendation of $64.2
million.

Aid to Localities (S.6253-C)
* The Senate concurs with the Executive recommendation of $1.5
billion, with the following recommendation:
o The Senate recommends the redirection of $5 million for county
expenses associated with the operation of Public Safety Answer-
ing Points (PSAPs) from the Interoperable Communications Grant
Program.

Article VII Proposals (S.6255-C)
* Part G: The Senate modifies the Executive's proposal that would
clairify municipalities responsibilities when they receive or offer
aid through Intrastate Mutual Aid Program (IMAP) as follows:
o Clarifies the line of succession if the director of the State
Office of Emergency Management is unable to exercise the author-
ity given to the disaster preparedness commission; and
o Puts forth a mechanism for a municipality to request that the
temporary organization assume direction of a local disaster
response. Clarifies that the temporary organization's assumption
of a local disaster response is for a specified period of time
which may be extended in consultation with the municipality.

* Part W: The Senate advances legislation to provide counties, who are
not eligible for grants, to be reimbursed for expenses relating to
local PSAP operations.

HOUSING AND COMMUNITY RENEWAL

State Operations (S.6250-B)
* The Senate modifies the Executive's recommendation of $97.69
million, an increase of $5.7 million or 6.2 percent from SFY 2011-12
levels as follows:
o The Senate denies the creation of a new Tenant Protection Unit,
and reduces funding of the Office for Rent Administration by
$4.8 million.

Aid to Localities (S.6253-C)
* The Senate modifies the Executive's recommendation of $18.7 million,
a decrease of $2.5 million or 11.9 percent from SFY 2011-12 levels
as follows:
* The Senate restores and increases funding to the Neighborhood Pres-
ervation and Rural Preservation Programs, as follows:
o $11,997,000 for the Neighborhood Preservation Program
o $4,964,000 for the Rural Preservation Program
* The Senate provides $25 million for the Foreclosure Prevention
Program.
* The Senate reduces the Rural Rental Assistance Program by $3.5
million to $16.1 million.

Capital Projects (S.6253-B)
* The Senate modifies the Executive's All Funds recommendation of
$74.2 million, consistent with SFY 2011-12 levels as follows:
* The Senate increases funding to the following Capital programs:
o $4 million for the Access to Home Program;
o $1 million for the RESTORE program; and
o $3.5 million for the Main Street program.

HUDSON RIVER VALLEY GREENWAY COMMUNITIES COUNCIL
State Operations (S.6250-B)
* The Senate concurs with the Executive recommendation of $185,000.

Aid to Localities (S.6253-C)
* The Senate concurs with the Executive recommendation of $136,000.

HUMAN RIGHTS

State Operations (S.6250-B)

* The Senate concurs with the Executive's All Funds recommendation of
$18.7 million, a decrease of $2.5 million or 11.9 percent from SFY
2011-12 levels.

INDIGENT LEGAL SERVICES, OFFICE OF

State Operations (S.6250-B)
* The Senate reduces personal service by $400,000.

Aid to Localities (S.6253-C)
* The Senate concurs with the Executive recommendation of $77 million.

Article VII Proposals (S.6255-C)
* Part U: The Senate advances language to allow $6 million for upstate
counties which have high volume of indigent defense caseloads. The
Senate advances language to continue to provide support for indigent
legal services, by changing the current formula to allow counties to
receive 50 percent of the amount received in 2010 annually and the
remainder of funds through grants; and the City of New York is
capped at $40 million.

INSPECTOR GENERAL, OFFICE OF THE STATE

State Operations (S.6250-B)
* The Senate denies $210,000 in additional funding for three full time
equivalent employees. Insurance and Securities Funds Reserve Guar-
antee

State Operations (S6250-B)
* The Senate concurs with the Executive's proposed appropriation level
of $1.6 billion, no change from SFY 2011-12 levels.

INTEREST ON LAWYERS ACCOUNT

State Operations (S.6250-B)
* The Senate concurs with the Executive recommendation of $1.8
million.

Aid to Localities (S.6253-C)
* The Senate concurs with the Executive recommendation of $45 million.

JUDICIARY

State Operations (S.6250-B)
* The Senate concurs with the Executive recommendation of
$1,855,349,975.

Aid to Localities (S.6253-C)
* The Senate amends the Executive recommendation for Aid to Localities
as follows:
o The Senate directs $2,500,000 to the Justice Court Assistance
Program to be used for security upgrades.

JUDICIAL COMMISSIONS

State Operations (S.6250-B)
* The Senate concurs with the Executive recommendation of $5,452,000.

LABOR, DEPARTMENT OF

State Operations (S.6250-B)
* The Senate concurs with the Executive recommendation of
$750,585,000.

Aid to Localities (S.6253-C)
* The Senate amends the Executive recommendation of $4,474,626,000 to
provide $4.2 million in additional funding for workforce initi-
atives.

LAW, DEPARTMENT OF

State Operations (S.6250-B)
* The Senate concurs with the Executive recommendation of
$215,278,000.

LIEUTENANT GOVERNOR, OFFICE OF THE

State Operations (S.6250-B)
* The Senate concurs with the Executive recommendation of $630,000.

LOCAL GOVERNMENT ASSISTANCE

Aid to Localities (S6253-C)
* The Senate amends the Executive's proposed appropriation level as
follows:
o Add $40,000 for Miscellaneous Financial Assistance.
o Add $15.7 million for Municipal Financial Reform Aid.

Miscellaneous Appropriation
* The Senate amends by adding $6 million for the reimbursement of New
York City Off Track Betting Retiree Health Benefits.

Article VII Proposal (S.6255-C)
* PART T: The Senate proposes authorizing Nassau and Suffolk counties
to raise the amount of traffic-control signal photo violation-moni-
toring devices operating in their respective counties from 50 to
100.
* PART X: The Senate proposes legislation that reimburses New York
City for costs associated with providing New York City Off Track
Betting retirees health benefits.

MISCELLANEOUS
* Allocates $275 million to provide property tax relief for Senior
STAR Program
* The Senate supports advancement of a proposal that respects local
finance decisions, ensures community participation and brings
uniformity and simplicity to the process by which local citizens
determine how best to fund their local governments.

LOTTERY

State Operations (S.6250-B)
* The Senate concurs with the Executive's proposed appropriation level
of $102.7 million, an increase of $12.9 million from SFY 2010-11
levels.

Article VII Proposal (S.6260-B)
* PART A: The Senate denies without prejudice the merger of the Divi-
sion of Lottery and Racing and Wagering Board into a newly created
New York State Gaming Commission.

MEDICAID INSPECTOR GENERAL, OFFICE OF

State Operations (S.6250-B)
* The Senate concurs with the Executive's recommendation of $75.9
million.

MENTAL HEALTH, OFFICE OF

State Operations (S.6250-B)
* The Senate denies the Executive's recommendation to allow for outpa-
tient capacity restoration of felony defendants or restoration at
psychiatric units of local jails, or hospitals.

Aid to Localities (S.6253-C)
* The Senate modifies the Executive's recommendation to specify fund-
ing for community mental health non-residential programs.

Capital Projects (S.6253-B)
* The Senate concurs with the Executive's recommendation of $189.7
million.

Article VII Proposals (S.6256-C)
The Senate modifies the Executive's proposal as follows:
* Concur with the Executive's recommendation to extend the authori-
zation of the Comprehensive Psychiatric Emergency Program.
* Concur with the Executive's recommendation to continue the fiscal
periods for which the Office of Mental Health is authorized to
recover exempt income for community residences and family based
treatment programs.
* Deny the Executive's recommendation to allow for the closure,
consolidation, reduction, transfer or other redesign of hospitals,
other facilities or programs operated by the Office of Mental
Health.
* Deny the Executive's recommendation that provides for outpatient
capacity restoration of felony defendants or restoration at psychi-
atric units of local jails, or hospitals licensed under the Public
Health Law.
* Deny the Executive's recommendations that would repeal the Human
Services Cost-of-Living Adjustment; allow commissioners to establish
annual payment adjustments; and direct agencies to establish regu-
lations limiting executive compensation and administration costs for
an undefined group of service providers that receive state financial
assistance and authorized payments. Instead, the Senate proposes a
suspension of the Human Services Cost-of-Living Adjustment, while
requiring further study regarding the implementation of cost-based
payment increases. Further, the Senate proposes a system that estab-
lishes definitive standards modeled after existing Federal laws to
ensure State funds are dedicated to providing effective and effi-
cient services to vulnerable populations. The Senate also proposes
establishing a comprehensive evaluation process to further review of
these important issues.
* Modify the Executive's recommendation to allow the Commissioners of
the Office of Mental Health, the Office of Alcoholism and Substance

Services, the Office for People with Developmental Disabilities and
the Department of Health to establish joint operating, reporting and
construction requirements.
* Modify the Executive's recommendation to replace the Mental Health
Services Council and the Advisory Council on Alcoholism and
Substance Abuse Services with a new Behavioral Health Services Coun-
cil.
* Modify the Executive's recommendation to establish pilot programs to
restructure educational services for children and youths residing in
Office of Mental Health hospitals.
* Modify the Executive's recommendation for amending the Sex Offender
Management and Treatment Act by denying the Commissioner of Mental
Health the ability to contract with non- State employees for the
provision of care, treatment and security services of persons
confined under the Sex Offender Management and Treatment Act.
* Advances requiring stakeholder input and legislative approval prior
to the implementation of major service reductions that would affect
those diagnosed with a mental illness or developmental disability.

ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, OFFICE OF

State Operations (S.6250-B)
* The Senate modifies the Executive's recommendation of $117 million
to reflect a reduction in personal service costs of $27 million.

Aid to Localities (S.6253-C)
* The Senate denies the Executive's recommendation to shift funding
for community chemical dependence treatment and prevention programs
from a dedicated funding stream.
* The Senate denies the Executive's recommendation to provide previ-
ously dedicated specified funding for problem gambling and chemical
dependency school and community-based prevention, education, and
recovery programs.

Capital Projects (S.6253-B)
* The Senate concurs with the Executive's recommendation of $97.6
million.

Article VII Proposals (S.6256-C)
* The Senate modifies the Executive's recommendation to transfer over-
sight of the alcohol and drug rehabilitation program from the
Department of Motor Vehicles to the Office of Alcoholism and
Substance Abuse Services.

PEOPLE WITH DEVELOPMENTAL DISABILITIES, OFFICE OF

State Operations (S.6250-B)
* The Senate concurs with the Executive's recommendation of $2.1
billion.

Aid to Localities (S.6253-C)
* The Senate concurs with the Executive's recommendation of $2.5
billion.

Capital Projects (S.6253-B)
* The Senate concurs with the Executive's recommendation of $163.5
million.

Article VII Proposals (S.6256-C)
* The Senate modifies the Executive proposal as follows:
* Deny without prejudice the Executive's recommendation to enter into
pilot programs without a competitive bid process.
* Deny the Executive's recommendation to alter the organizational
structure of Developmental Disabilities Service Offices.
* Advance evaluation of the Options for People Through Services Initi-
ative to ensure the efficacy of funding methodologies.

METROPOLITAN TRANSIT AUTHORITY

Capital Projects (S.6253-B)
* The Senate denies the Executive's proposal to appropriate $770
million to the MTA for capital projects.

Article VII Proposals (S.6258-B)
* The Senate denies the Executive's proposal to increase the MTA bond
cap by $7 billion.

Article VII Proposals (S.6255-B)
* The Senate concurs with the Executive's proposal to reimburse the
MTA for a rebate program for E-ZPass tolls paid by residents of
Broad Channel and the Rockaway Peninsula who travel over the Cross
Bay Veterans Memorial Bridge.

MILITARY AND NAVAL AFFAIRS, DIVISION OF

State Operations (S.6250-B)
* The Senate concurs with the Executive recommendation of $75.7
million.

Aid to Localities (S.6253-C)
* The Senate concurs with the Executive recommendation of $900,000.

Capital Projects (S.6253-B)
* The Senate concurs with the Executive recommendation of $102.4
million.

MOTOR VEHICLES, DEPARTMENT OF

Aid to Localities (S.6253-C)
* The Senate concurs with the Executive proposal State Operations
(S.6250-B)
* The Senate concurs with the Executive proposal

Capital Projects (S.6253-B)
* The Senate supports the Executive's proposal to add 4 new positions
to Erie County, Niagara County, and the City of Rochester to address
the road-test wait-time issue. However, the Senate denies the addi-
tion of 6 new positions that were not assigned to a specific region.

Article VII Proposals (S.6258-B)
* The Senate proposes an optional two-year motorcycle registration, in
addition to the one year registration that already exists. The fee
for the two-year registration would be twice that of the one-year.
This would provide $2 million of additional revenue in SFY 2012-13.
The Senate concurs with the Executive's proposal to establish an
additional retention rate (4 percent) for County Clerks acting as an

agent of the Department of Motor Vehicles based upon internet trans-
actions.
* The Senate concurs with the Executive proposal to conform the vehi-
cle and traffic law to federal requirements governing operators of
commercial motor vehicles and medical certification requirements.

NATIONAL AND COMMUNITY SERVICE

State Operations (S.6250-B)
* The Senate concurs with the Executive Budget request of $30.33
million.

Aid to Localities (S.6253-C)

* The Senate concurs with the Executive Budget request of $350,000.

OLYMPIC REGIONAL DEVELOPMENT AUTHORITY

State Operations (S.6250-B)
* The Senate concurs with the Executive recommendation of funding
support for the Olympic Regional Development Authority $4,733,000.

Article VII Proposal

S. 6260-B
* PART C: The Senate amends the Executive's proposal to transfer the
operation and the management of the Belleayre Mountain Ski Center
from the Department of Environmental Conservation to the Olympic
Regional Development Authority (ORDA) to better reflect regional
representation on the (ORDA) board and secure recreational opportu-
nities at Belleayre.

PARKS, RECREATION AND HISTORIC PRESERVATION

State Operations (S.6250-B)
* The Senate concurs with the Executive recommendation of a funding
level of $211,298,500.

Aid to Localities (S.6253-C)
* The Senate augments the Executive's recommended funding level of
$11,725,000 to restore $100,000 for Historic Home restoration
efforts.

Capital Projects (S.2804-B)
* The Senate concurs with the Executive recommendation of a total
appropriation of $156,071,000 for capital projects.

PREVENTION OF DOMESTIC VIOLENCE, OFFICE OF

State Operations (S.6250-B)
* The Senate concurs with the Executive recommendation of $3.5
million.

Aid to Localities (S.6253-C)
* The Senate concurs with the Executive recommendation of $1.2
million.
* The Senate denies without prejudice proposed language for programs
that provide legal services to victims of domestic violence, and

instead advances without prejudice language for services and
expenses of the Capital District Domestic Violence Law Clinic and
the Western New York Family Violence Clinic and Regional Resource
Center.

PUBLIC EMPLOYMENT RELATIONS BOARD

State Operations (S.6250-B)
* The Senate concurs with the Executive recommendation of $3,984,000.

PUBLIC ETHICS, JOINT COMMISSION ON

State Operations (S.6250-B)
* The Senate concurs with the Executive recommendation of $4,100,000.

PUBLIC SERVICE

State Operations (S.6250-B)
* The Senate concurs with the Executive recommendation of $78,892,000.

Aid to Localities (S.6253-C)
* The Senate reduces the Executive recommendation of $3,500,000 by $2
million to the SFY 2011-12 level by denying the request for 16 new
employees to review transmission projects until the Senate can
review a proposed Statewide transmission plan.

Article VII Proposals (S.6258-C)
* PART I: The Senate concurs with the Executive recommendation to
prohibit increased regulation of Voice Over Internet Protocol busi-
ness practices.
* PART V: The Senate concurs with the Executive proposal to authorize
the Department of Health to finance certain activities revenues
generated from an assessment of cable television companies.
* PART VV: The Senate advances legislation for a Western New York
power proceeds allocation bill to authorize the funding for an array
of economic development activities that will stimulate the Erie /
Niagara economy and employment opportunities.
* PART YY: The Senate advances legislation to authorize the New York
Power Authority to enter into certain purchase power agreements with
base load electric generating facilities in Chautauqua and Niagara
counties to stabilize the Western New York region's electrical
markets, and maintain local governmental service and private sector
employment.

Article VII Proposals (S.6255-C)
* PART N: The Senate amends the Executive's proposal to transfer $65
million in assets from the New York Power Authority to the credit of
the General Fund to ensure that these assets can only be used to
fund the State of New York energy related costs and purposes.

QUALITY OF CARE AND ADVOCACY FOR THE DISABLED, COMMISSION ON

State Operations (S.6250-B)
* The Senate concurs with the Executive's recommendation of $2.1
billion.

Aid to Localities (S.6253-C)

* The Senate concurs with the Executive's recommendation of $18.9
million.

RACING AND WAGERING BOARD

State Operations (S6250-B)
* The Senate concurs with the Executive's proposed appropriation level
of $21.6 million, a decrease of $565,000 from SFY 2011-12 levels.

Article VII Proposal (S.6258-C)

* PART X: The Senate denies the Executive's escheatment of uncashed
vouchers to the regulation of racing account.

* PART Y: The Senate denies transferring the cost and responsibility
of employing one starter and one judge at harness race meetings from
the Racing and Wagering Board to licensed harness tracks.

* PART TT: The Senate proposes legislation to reconstitute the New
York City Off Track Betting Corporation by soliciting private bids
to operate the public benefit corporation, provide municipal OTBs
with statutory relief to allow the retention of uncashed tickets,
and reducing by 50 percent the dark day, hold harmless and mainte-
nance of effort payments made to in-state tracks.

* PART RR: The Senate amends to grant Regional Off Track Betting
Corporations the authority to declare bankruptcy and use their capi-
tal acquisition fund revenue for operating purposes if the fund
account balance is below $2 million.

Article VII Proposal (S.6260-B)

* PART A: The Senate denies without prejudice the merging of the Divi-
sion of Lottery and Racing and Wagering Board into a newly created
New York State Gaming Commission.

RACING REFORM PROGRAM

State Operations (S.6250-B)

* The Senate concurs with the Executive's proposed re-appropriation
level of $2 million, no change from SFY 2011-12.

STATE, DEPARTMENT OF

Aid to Localities (S.6253-C)
* The Senate concurs with the Executive proposal.

State Operations (S.6250-B)
* The Senate concurs with the Executive proposal.

Article VII Proposals (S.6258-B)
* The Senate denies without prejudice the Executive's proposal to
change the current Service of Process regulations, and the categori-
zation of non-profit organizations.
* The Senate denies without prejudice the Executive's proposal to
increase various fees for professional licenses throughout the
State.

STATE POLICE, DIVISION OF

State Operations (S.6250-B)
* The Senate concurs with the Executive recommendation of $687
million.

Capital Projects (S.6253-B)
* The Senate concurs with the Executive recommendation of $6 million.

STATE UNIVERSITY OF NEW YORK (SUNY)

State Operations (S.6250-B)
* The Senate amends the Executive proposal to include $16.5 million in
tuition revenues that are to be returned to the University as part
of the SFY 2009 - 10 budget agreement.
* The Senate proposes to carve out $25 million of the appropriation
authority for the tuition increase authorized under NY-SUNY 2020 for
the hiring of full-time faculty.
* The Senate denies an $884,000 transfer from the Long Island Veterans
Home to the General Fund.
* The Senate proposes a transfer of $59.5 million from the General
Income Reimbursable Fund to the General Fund.
* The Senate proposes to add $55 million to the subsidy for the teach-
ing hospitals at Stonybrook, SUNY Downstate and SUNY Upstate.

Aid to Localities (S.6253-C)
* The Senate amends the Executive's proposal to add $14,647,200 or
$100 per FTE student in base operating aid for SUNY community
colleges.
* The Senate proposes $300,000 in funding for regional agricultural
teams as part of a Cornell Cooperative Extension pilot program.

Capital Projects (S.6254-B)
* Recognizing that the current five-year capital plan for SUNY is set
to expire in SFY 2012-13, the Senate encourages the development of a
plan to address SUNY's ongoing capital needs.
* The Senate amends the Executive proposal to rename a reappropriation
the Stonybrook Medical and Research Translation Building, in order
to more accurately represent the project.
* The Senate's intent is to advance language to make the debt service
paid by SUNY Hospitals non-state supported and non-state related
debt.

Article VII (S.6257-C)
* PART I: The Senate accepts the Executive proposal to allow Cornell
University to enter into a master agreement with the State for the
purposes of contracting and purchasing.
* PART O: The Senate proposes language to ensure that no more than one
NY-SUNY 2020 Challenge Grant for non-University Centers is awarded
to any one region of the State.
* PART P: The Senate proposes to create a task force on college reme-
diation and a remedial education pilot program by July 1, 2013.
* PART Q: The Senate proposes to increase base operating aid for SUNY
community colleges for the next four fiscal years provided annual
tuition increases do not exceed the consumer price index, and
require that the Trustees of each community college report on vari-
ous performance related measures.

* PART R: The Senate proposes technical corrections to NY-SUNY 2020
(Chapter 260 of the laws of 2011) to allow the tuition rates for
non-resident undergraduate students to increase beginning with the
semester following approval of a master tuition plan.
* PART S: The Senate proposes to direct the SUNY Board of Trustees to
examine and make recommendations on community college chargeback
policies to the Senate and Assembly.

STATEWIDE FINANCIAL SYSTEM

State Operations (S.6250-B)
* The Senate concurs with the Executive recommendation of $55,000,000.

TAX APPEALS

State Operations (S.6250-B)
* The Senate concurs with the Executive's proposed appropriation level
of $3.1 million, an increase of $100,000 from SFY 2010-11.

TAXATION AND FINANCE

State Operations (S.6250-B)

* The Senate modifies the Executive's proposal of $331.4 million, an
increase of $19.8 million from SFY 2011-12 levels, as follows:
o The Senate recommends a $26.4 million decrease for personal
service attributed to the Audit, Collection and Control Program.
o The Senate recommends a $2 million decrease for personal service
associated with the Management, Administration and Counsel
Program.
o The Senate recommends a $1.3 million decrease for personal service
attributed to the Tax Policy, Revenue Accounting and Taxpayer
Guidance Program.
o The Senate recommends $1 million for the creation of the New York
State Is Open For Business tax office.
* The Senate denies the transfer of 280 positions from the Higher
Education Services Corporation (HESC) to the Department of Taxation
and Finance for loan collection purposes.

Aid to Localities (S.6253-C)

* The Senate concurs with the Executive's proposal of $926,000, no
change from SFY 2011-12

Article VII Proposal (S.6259-C)

* PART BB: The Senate amends the Executive proposal to create the "New
York State is Open for Business" tax office to better serve busi-
nesses seeking economic development tax credits and coordinate
information sharing with the Department of Economic Development.

TECHNOLOGY, OFFICE FOR

State Operations (S.6250-B)
* The Senate denies 3.3 million in funding for 26 full time equivalent
employees.

Article VII Proposal (S.6255-C)

* PART O: The Senate concurs with the Executive proposal to rename the
Office For Technology Services the Office of Information Technology
Services.

TEMPORARY AND DISABILITY ASSISTANCE

State Operations (S.6250-B)
* The Senate modifies the Executive's Recommendation of $469.18
million, a decrease of $2.67 million or 0.57 percent from SFY 2011-
12 levels, as follows:
o Reduces General Fund State Operations funding, without prejudice,
by $5.2 million; and
o Reduces Information Technology program, without prejudice, by $3.0
million.

Aid to Localities (S.6253-C)
* The Senate modifies the Executive's recommendation of $5.2 billion,
an increase of $115.1 million or 2.25 percent from SFY 2011-12
levels, as follows;
o Denies the proposal to increase funding for the Nutrition Outreach
and Education program by $1 million;
o Denies the proposal to eliminate $34.8 million for the reimburse-
ment of Child Support Reimbursement Administration to local
districts, and reduce the Flexible Fund for Family Services (FFFS)
by $13 million; and
o Adds $500,000 for English as a Second Language and Basic Educa-
tion.

Temporary Assistance for Needy Families (TANF)
* The Senate restores funding for the following TANF programs:
o ACCESS - Welfare to Careers: $800,000
o Centro of Oneida: $125,000;
o Disability Advocacy Program: $98,000;
o Emergency Homeless Needs: $180,000;
o Rochester-Genesee Regional Transportation Authority: $2 million;
o Supplemental Homeless Intervention Program: $205,000;
o Supportive Housing for Families and Young Adults: $508,000;
o Food Pantries: $250,000;
o Nurse Family Partnership: $4 million; and
o Displaced Homemakers: $2.5 million.

Capital Projects (S.6253-B)
* The Senate concurs with the Executive's All Funds Recommendation of
$30.0 million, consistent with SFY 2011-12 levels.

Article VII Proposals (S.6257-B)
* PART D: The Senate amends the Executive's proposal to phase in the
third year of ten percent increases to public assistance grants over
two years by eliminating the third increase entirely. This action
achieves an additional $6 million in State savings and $18 million
in TANF savings in SFY 2012-13.
* PART N: The Senate advances language that would implement full fami-
ly sanctions to public assistance recipients upon the second
instance of non-compliance with work requirements. This action
achieves additional State savings of $7.4 million and TANF savings
of $5.1 million in SFY 2012-13.

THRUWAY AUTHORITY

Capital Projects (S.6253-B)
* The Senate concurs with the Executive's proposal.

TRANSPORTATION, DEPARTMENT OF

Aid to Localities (S.6253-C)
* The Senate concurs with the Executive proposal.

State Operations (S.6250-B)
* The Senate denies the proposal to move the Accident Damage Account
to the Dedicated Highway and Bridge Trust Fund.

Capital Projects (S.6253-B)
* The Senate restores $3.7 million to maintain eleven regional Depart-
ment of Transportation (DOT) offices.
* The Senate denies without prejudice the addition of 10 new FTEs in
the Dedicated Highway and Bridge Trust Fund for accident damage
operations.
* The Senate restores $665,000 to maintain the current schedule and
statutory language guiding bus inspections.
* The Senate's intent is to support the Executive's proposal for a
transportation capital plan with an additional $1.16 billion for NY
Works.
* The Senate recommends a capital plan that:
o Promotes balance between transit and highways and bridges;
o Includes a memorandum of understanding (MOU) to provide a project
list, reporting requirements, spending details, overall plan
progress and system conditions, and regional shares to distribute
capital equitably throughout the State;
o Authorizes the State's principal transportation agencies to use
public private partnerships to allow for project financing and
delivery flexibility, and to allow the State to leverage private
capital in a manner that saves taxpayer money;
o Includes a multi-year capital spending plan that provides equita-
ble spending levels for CHIPS, transit, highways, bridges, passen-
ger and rail freight, and aviation;
o Corrects the funding inequity that occurred in Western New York,
Region 5. This restoration should be addressed over a multi year
period.

of 0 Article VII Proposals (S.6258-B)
* The Senate proposes statutory language to maintain eleven DOT
regional offices.
* The Senate denies without prejudice the Executive's proposal to
alter the manner in which bus inspections are performed. There are
safety concerns with eliminating the current bi-annual schedule of
all State buses.
* The Senate denies without prejudice the Executive's proposal to
consolidate the Accident Damage Account into the Dedicated Bridge
and Trust Fund (DHBTF).
* The Senate proposes to make permanent the CHIPS resurfacing treat-
ments that were made allowable for one year in the SFY 2011-12
Enacted Budget.
* The Senate concurs with the Executive regarding amending State law
to comply with Federal Motor Carrier Safety Administration rules,
however, the Senate proposes to include an exemption for utility
service vehicles from the hours of service rules.

* The Senate directs the release of $16 million in transit capital
funds for the four upstate transit systems (NFTA, RGRTA, CDTA, and
CENTRO).
* The Senate proposes to allow non-divisible load vehicles to obtain
one permit from DOT, instead of the two currently required (one from
DOT and one from New York City), when traveling on one specific
route (I-95) between Westchester County and Nassau County that goes
through New York City.
* The Senate proposes to phase-out expenses from the Dedicated Highway
and Bridge Trust Fund, beginning in SFY 2013-14. This will allow the
fund to function as originally intended; as a dedicated fund for
transportation capital.
* The Senate proposes requiring the Department of Transportation to
submit project detail reports for transportation capital projects.
This will increase transparency and accountability.

TRIBAL STATE COMPACT

Aid to Localities (S.6253-C)
* The Senate accepts the Executive's proposal of $54 million, an
increase of $9.7 million from SFY 2011-12.

VETERANS' AFFAIRS

State Operations (S.6250-B)
* The Senate concurs with the Executive's proposal of $7.8 million, a
decrease of $500,000 or 6.0 percent from SFY 2011-12 levels.

Aid to Localities (S.6253-C)
* The Senate modifies the Executive's proposal of $8.9 million, an
increase of $250,000 or 2.8 percent from SFY 2011-12 levels, and
provides funding as follows:
o $25,000 for the Vietnam Veterans of America;
o $50,000 for the Buffalo Veterans Service Organization; and
o $75,000 for the New York City Veterans Service Organization.

Article VII Proposals (S.6255-C)
* Advances legislation to require the Division of Veteran's Affairs to
promulgate rules and regulations on establishing, implementing, and
maintaining a State-operated Veterans Cemetery.

VICTIM SERVICES, OFFICE OF

State Operations (S.6250-B)
* The Senate concurs with the Executive recommendation of $10.3
million.

Aid to Localities (S.6253-C)
* The Senate concurs with the Executive recommendation of $66 million.

WORKERS' COMPENSATION BOARD

State Operations (S.6250-B)
* The Senate concurs with the Executive recommendation of $7,255,000.

Article VII Proposal (S.6255-C)

* PART R: The Senate concurs with the Executive proposal to defer an
assessment for annual expenses for workers compensation claims
related to Group Self Insured Trusts.

WELFARE INSPECTOR GENERAL

State Operations (S.6250-B)
* The Senate concurs with the Executive's All Funds recommendation of
$1.5 million, a decrease of $39,000 or 2.5 percent from SFY 2011-12
levels.

MISCELLANEOUS ITEMS

Article VII (S.6257-C)
* PART H: The Senate accepts the Executive proposal to extend the
Higher Education Capital Matching Grant program and Board through
March 31, 2013.

REVENUE

Article VII (S.6259--C)
* PART A - The Senate concurs with the Executive proposal to extend
for three years fees for the establishment of oil and gas unit of
production values for purposes of calculating real property tax
assessments.
* PART B - The Senate denies the Executive proposal to suspend STAR
benefits for unpaid tax liabilities.
* PART C - The Senate amends the Executive proposal by increasing from
two cents to fourteen cents the handling fee a cigarette stamping
agent receives; proposes a one dollar cap on the amount of tax paid
for any one cigar; and creates a definition of "pipe tobacco"that
amends the definition of roll your own tobacco, and taxes "roll your
own tobacco" as cigarettes.
* PART D - The Senate concurs with the Executive proposal to extend
the alternative fuels tax exemptions for five years. Extends the
sunset date of the exemption for alternative fuels from September 1,
2012 to September 1, 2017, and allow E85, compressed natural gas,
and hydrogen a full exemption and B20 a partial exemption from the
motor fuel tax, the petroleum business tax, the fuel use tax, and
state and local sales taxes.
* PART E - The Senate concurs with the Executive proposal to make
technical amendments to the tax classification of diesel motor fuel.
Addresses unintended consequences to amendments to the motor fuel
definitions enacted as part of the SFY 2011 Budget, to remove tax
liability in two situations where no liability was intended to be
triggered.
* PART F - The Senate denies the Executive proposal to expand criteria
to refuse to issue Sales Tax Certificates of Authority.
* PART G - The Senate denies the Executive proposal to make permanent
Tax Modernization provisions of the Tax Law: requiring electronic
filing of authorized tax documents by tax return preparers; requir-
ing electronic filing of authorized tax documents by taxpayers that
prepare their own authorized tax documents using computer software;
and requiring taxpayers that fail to pay sales tax to make deposits
to a segregated account.
* PART H - The Senate amends the Executive proposal expanding the
current sales and compensating use tax exemption to exempt services
of installing all solar energy systems equipment from the sales and

compensating use tax. Also, proposing the creation of a 25% capital
investment refundable tax credit and 10% marketing tax credit for
solar and energy storage manufacturing and development.
* PART I - The Senate amends the Executive proposal to extend Empire
State Commercial Production Tax Credit for three years. Also amends
the credit structure to more equitably disperse the regional pools.
* PART J - The Senate amends the Executive proposal to authorize addi-
tional credits of $8 million for low-income housing credit for each
of the next five fiscal years. Also amends the credit to make it
refundable.
* PART K - The Senate concurs with the Executive proposal to extend
the Biofuel Production Tax Credit through the 2019 taxable year.
Extends for seven years the sunset date of the biofuel production
credit for eligible taxpayers to taxable years beginning before
January 1, 2020.
* PART L - The Senate amends the Executive proposal to make permanent
the Noncustodial Parent Earned Income Tax Credit extending for 2
years to December 31, 2014.
* PART M - The Senate denies the Executive proposal to prohibit banks
from charging fees on levied bank accounts.
* PART N - The Senate concurs with the Executive proposal to clarify
that professional employer organizations (PEOs), for the purposes of
the MTA payroll tax exemptions, can separate the employees of PEOs
from those of their clients in determining the payroll expense
amounts attributable to each entity.
* PART O - The Senate concurs with the Executive proposal to extend
for one year lower pari- mutuel tax rates and rules governing simul-
casting of out-of-state races. Extends lower pari-mutuel tax rates
and rules governing simulcasting of out-of-State races for one year.
* PART P - The Senate concurs with the Executive proposal to redis-
tribute the statewide collected transmission tax between the upstate
(PTOA) and downstate (MMTOA) transit accounts in an equitable
manner, replacing the existing yearly transfer between the two
accounts.
* PART Q - The Senate concurs with the Executive proposal to techni-
cally amend the sales tax provisions governing room remarketers.

NEW JOBS NEW YORK
The following six parts represent legislation needed to enact the
Senate's New Jobs New York plan. Additional parts of this plan will
include two constitutional amendments to: Cap State spending at two
percent to ensure fiscal responsibility, and provide a better environ-
ment for economic growth and job creation, and require a two-thirds
"super majority" vote for any tax hike - making it far more difficult to
raise taxes.
* PART R: The Senate proposes to cut the corporate tax rate for small
businesses by 20%.
o Small Business Jobs Credit to provide a 10% tax credit for
hundreds of thousands of small businesses that have at least one
employee, have business income of less than $250,000, and that
file under the personal income tax.
o Hire-Now-NY to provide a credit to a business for each new job
created, up to $5,000. That credit would grow to $8,000 if the
job goes to someone who is currently on unemployment.
o Hire-a-Vet to provide a tax incentive of up to $10,000 to any
business that provides a job opportunity to a returning veteran.
* PART S: The Senate proposes expanding the use of Tax Incremental
Financing (TIF) to include participation of school districts.

* PART T: The Senate proposes pegging the existing tuition tax credit
and deduction to the Higher Education Price Index (HEPI). For 2012,
the maximum tax deduction would increase from $10,000 to $13,820,
and the maximum credit would increase from $400 to $553.
* PART U: The Senate proposes to accelerate the phase-out of 18A
assessment tax hike by one year, from 2014 to 2013 and restore the
permanent base tax back to one third of one percent.
* PART V: The Senate proposes to repeal the so-called "Wage Theft
Prevention Act of 2010" - a duplicative and costly mandate on NY
employers.
* PART W: The Senate proposes the "Honesty in Permit Processing Act"
which will help eliminate long delays by state agencies in the proc-
essing of professional license and permit applications. This will
improve our business climate, empower taxpayers and increase govern-
ment accountability.
* PART X: The Senate proposes extending by one year the sunset on the
expired QETC training credit. Also adding a retroactive fix to elim-
inate any doubt as to the intent of the law as it was enacted by the
Legislature.
* PART Y: The Senate proposes a retroactive fix to the QEZE real prop-
erty tax credits to correct the law to reflect the original intent
of the law.
* PART Z: The Senate proposes a clarification to the definition of
"permanent place of abode" for the purposes of determining residency
for individuals whose domicile is outside of New York.
* PART AA: The Senate proposes to cap appeal bonds of a judgment at
$100 million for Master Settlement Agreement signatories and affil-
iates in order to protect MSA payments being made to the State.
* PART BB: The Senate proposes the creation of a "New York is Open for
Business" office within the Department of Taxation and Finance. The
office will be lead by an "economic development liaison" who will
help assist business taxpayers who are seeking business economic
development tax credits and help facilitate information sharing
between Taxation and Finance and Economic Development.
* PART CC: The Senate proposes increasing the Life Insurance Company
Guaranty Corporation assessment cap from $500 million to $575
million to help facilitate the bankruptcy liquidation plan of Execu-
tive Life Insurance Company of New York.
* PART DD: The Senate proposes to allow taxpayers a personal income
tax deduction if they would have been eligible for tax benefits had
Congress extended the qualified transportation fringe benefits
provisions of the Internal Revenue Code that were enacted in 2010.
* PART EE: The Senate proposes increasing the cap on the credit for
expenses associated with the rehabilitation of historic properties
from $5 million to $12 million.
* PART FF: The Senate proposes an increase in the sales tax exemption
for certain food and drink sold though vending machines from seventy
five cents to one dollar and fifty cents.
* PART GG: The Senate proposes to exempt libraries, towns, and
villages from the MTA payroll tax.
* PART HH: The Senate proposes a personal income tax credit for the
school and municipal property taxes paid on homes that incurred
damage of more than fifty percent of the home's value as a result of
Hurricane Irene or Tropical Storm Lee.
* PART II: The Senate proposes regulating the sport of Mixed Martial
Arts and allowing such bouts to be held within the state.
* PART JJ: The Senate proposes creating a sixth Certified Capital
Company ("CAPCO") program by authorizing tax credits for insurance

companies that provide financial resources to Certified Capital
Companies to invest in qualified New York State businesses.
* PART KK: The Senate proposes eliminating the Quick Draw provision
that requires establishments holding an alcohol beverage license for
on-premise consumption, to have more than 25 percent of gross sales
from food in order to operate the game of quick draw on their prem-
ise.
* PART LL: The Senate proposes reviving the county ENZones and making
the Brownfields credit permanent.
* PART MM: The Senate proposes limiting the growth of personal income
tax collections by a growth factor with excess collections returned
to taxpayers.
* PART NN: The Senate proposes a change to the definition of manufac-
turer for the purposes of taxation.
* PART OO: The Senate proposes eliminating the requirement that
licensed alcohol wholesale dealers submit annual informational
returns with the Commissioner of Taxation of Finance with regards to
sales made that resulted in no sales tax being collected.
* PART PP: The Senate proposes a technical fix to allow any corpo-
ration that is taxed as a bank due to the extension of the Gramm-
Leach-Bliley transitional provisions to make a one-time designation
to correct the unintended negative consequences.
* PART QQ: The Senate proposes grandfathering in all current captive
insurance companies so that they are treated as insurance companies
for tax purposes.

Miscellaneous
* The Senate supports allowing regional off-track betting corporations
to operate Video Lottery Terminals (VLTs) at off-track betting tele-
theaters. Further, the Senate supports a continuing dialogue on
commercial gaming with emphasis on regions where such gaming oppor-
tunities have been previously authorized.

Article VII (S.6258-B)
* The Senate proposes exempting from sales tax the manufacturing
inputs that are used directly and exclusively in making snow, and
exempting the purchase of energy efficient tangible property used at
a reacreational ski facility.

MERGE STATE ENTITIES
S.6260-B

PART A- MERGER OF THE DIVISION OF LOTTERY AND THE RACING AND WAGERING
BOARD

* The Senate has rejected, without prejudice, the Article VII legis-
lation to effectuate this merger. However, the Senate remains
conceptually unopposed to the idea of a streamlined and efficient
oversight agency for the racing and gaming industry.

PART B - MERGER OF THE GOVERNOR'S OFFICE OF EMPLOYEE RELATIONS AND THE
DEPARTMENT OF CIVIL SERVICE.

* The Senate denies the Executive's proposal to merge the Governor's
Office of Employee Relations and the Department of Civil Service
into a new Department of Workforce Management.

PART C - TRANSFER THE OPERATION AND MANAGEMENT OF THE BELLEAYRE MOUNTAIN
SKI CENTER FROM THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO THE
OLYMPIC REGIONAL DEVELOPMENT AUTHORITY

* The Senate amends the Executive's proposal to transfer the operation
and the management of the Belleayre Mountain Ski Center from the
Department of Environmental Conservation to the Olympic Regional
Development Authority (ORDA) to better reflect regional represen-
tation on the (ORDA) board and to secure recreational opportunities
at Belleayre.
* The Senate recommends adding two additional seats to ORDA's current
ten member Board and specifies that these two additional seats be
filled by a person from Delaware County, and a person from Ulster
County. The on-site management of Belleayre would continue.
* Further, minimum service standards would be established to clarify
and expand upon recreational opportunities available to visitors.
* ORDA's existing Community Advisory Council would be expanded from 15
to 21 to ensure that Catskill's area residents are represented.

PART D - ELIMINATION AND/OR MERGER OF CERTAIN BOARDS AND COMMISSIONS TO
FOSTER MORE EFFICIENT GOVERNMENT.

* The Senate concurs with the Executive's proposal to eliminate many
boards and commissions which have either ceased to operate, or have
never met to fulfill their mission.
* However, the Senate amends the Executive proposal to ensure that
Emergency Medical Services Councils and committees continue to have
local input, and further ensures that substantive changes to the
public health law not be made without adequate deliberation.
* The Senate further amends the Executive proposal to transfer advi-
sory authority to other existing entities, regarding the Cattle
Health Assurance Program and the Egg Quality Assurance Program.