Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Apr 03, 2023 | signed chap.121 delivered to governor returned to assembly passed senate message of necessity - 3 day message message of necessity - appropriation 3rd reading cal.588 substituted for s6200 |
Apr 03, 2023 | substituted by a6063 ordered to third reading cal.588 referred to rules |
senate Bill S6200
Signed By GovernorProvides for emergency appropriation for the period April 1, 2023 through April 10, 2023
Sponsored By
Liz Krueger
(D, WF) 28th Senate District
Current Bill Status Via A6063 - Signed by Governor
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed by Governor
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Apr 3, 2023 - floor Vote
A6063610floor61Aye0Nay0Absent2Excused0Abstained-
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Floor Vote: Apr 3, 2023
aye (61)- Addabbo
- Ashby
- Bailey
- Borrello
- Breslin
- Brisport
- Brouk
- Canzoneri-Fitzpatrick
- Chu
- Cleare
- Comrie
- Cooney
- Fernandez
- Gallivan
- Gianaris
- Gonzalez
- Gounardes
- Griffo
- Harckham
- Helming
- Hinchey
- Hoylman-Sigal
- Jackson
- Kavanagh
- Kennedy
- Krueger
- Lanza
- Liu
- Mannion
- Martinez
- Martins
- Mattera
- May
- Mayer
- Murray
- Myrie
- O'Mara
- Oberacker
- Ortt
- Palumbo
- Persaud
- Ramos
- Rhoads
- Rivera
- Rolison
- Ryan
- Salazar
- Sanders
- Scarcella-Spanton
- Sepúlveda
- Serrano
- Skoufis
- Stavisky
- Stec
- Stewart-Cousins
- Tedisco
- Thomas
- Walczyk
- Webb
- Weber
- Weik
Apr 3, 2023 - Rules committee Vote
S6200190committee19Aye0Nay2Aye with Reservations0Absent0Excused0Abstained -
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S6200 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A6063
- Law Section:
- Appropriations
S6200 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6200 SPONSOR: KRUEGER TITLE OF BILL: An act making appropriations for the support of government; and provid- ing for the repeal of such provisions upon expiration thereof PURPOSE: This bill provides appropriations to various State departments and agen- cies to permit certain payments due from April 1 to April 10, 2023, to be made absent enactment of the Budget appropriation bills submitted by the Governor for the State fiscal year beginning April 1, 2023. SUMMARY OF PROVISIONS: Section 1 authorizes the Comptroller to utilize the appropriations contained in this bill, which relate to the 2023-24 State fiscal year, absent enactment of the 2023-24 Budget. Section 2 provides: $215.5 million in appropriation authority for
personal service payments scheduled to be made to State officers and employees on the payrolls scheduled to be paid between April 1 through April 10, 2023. This appropriation also includes funding for payment of health care and mental hygiene bonuses to eligible State employees, and payment for services performed by mentally ill or developmentally disa- bled persons who are employed in State operated special employment, work for pay or sheltered workshop programs. Section 3 provides $13.3 million in appropriation authority for nonper- sonal service payments by various State agencies. It is the intent of this section to provide sufficient authorization for agencies to enter into contracts, the terms of which may continue beyond the life of this appropriation and for which payments for liabilities incurred beyond April 10, 2023 would be made subject to additional future appropri- ations. Section 4 provides $12.9 million in appropriation authority for existing capital projects contract costs approved prior to April 1, 2023 for all agencies. Section 5 provides $2.1 million in appropriation authority for existing capital projects contract costs approved after April 1, 2023 for all agencies. Section 6 provides appropriation authority of $43.3 million for payment of State employee and retiree fringe benefits and other fixed costs mandated by statute or collective bargaining agreement during the period April 1 to April 10, 2023. The appropriation amount includes the State's contribution to the Social Security payroll tax, the Voluntary Defined Contribution Plan, and the Metropolitan Commuter Transportation Mobility Tax. Section 7 provides: *$33.3 million in appropriation authority for nonpersonal service liabilities incurred by the Judiciary. *$10,000,000 in appropriation authority for aid to localities liabil- ities incurred by the Judiciary. *$75 million in appropriation authority for various employee fringe benefit programs within the Judiciary. Section 8 provides: *$3,200,000 to the Department of Health for the Center for Community Health Program. The funds are in support of the American Indian Health Care Program to provide payments to support pharmacy providers. *$10,667,000 to the Department of Health for the Special Supplemental Nutrition Program for Women, Infants, and Children Program. The funds are in support of daily draws that reimburse vendors for services provided. Section 9 provides $105,000 in appropriation authority for the Justice Center for the Protection of People with Special Needs to support the Surrogate Decision-Making Committee. Section 10 provides $173 million in appropriation authority to the Office for People with Developmental Disabilities to support not-forpro- fit providers of essential programs and services. Section 11 prohibits expenditures from all appropriations until certif- icates of approval have been issued by the Director of the Budget and filed with certain State officers. Section 12 requires the Comptroller to transfer any expenditures made against these appropriations to the 2023-24 Budget appropriations after they have become law. Section 13, the severability clause, provides that if any part of this Act be adjudged by any court of competent jurisdiction to be invalid, such judgment would not invalidate the remainder of the Act. Section 14 provides that the bill takes effect immediately and is deemed to be in full force and effect on April 1, 2023, and, further, that the appropriations made in the bill will be deemed repealed upon the trans- fer of expenditures by the Comptroller pursuant to section 12 of the bill. STATEMENT IN SUPPORT: This bill will allow the State to make certain payments and incur certain liabilities during the period April 1 through April 10, 2023 on a timely basis, in the absence of an enacted budget for State fiscal year 2023-24. BUDGET IMPLICATIONS: Expenditures and disbursements made against these appropriations shall, upon final action by the Legislature on the appropriation bills submit- ted by the Governor for the support of government for the State fiscal year beginning April 1, 2023, be transferred by the Comptroller as expenditures and disbursements to such appropriations for State depart- ments and agencies. Accordingly, this bill will have no additional impact on the State's 2023-24 Financial Plan.
S6200 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6200 2023-2024 Regular Sessions I N S E N A T E April 3, 2023 ___________ Introduced by Sen. KRUEGER -- (at request of the Governor) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT making appropriations for the support of government; and provid- ing for the repeal of such provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative intent. The legislature hereby finds and declares that the enactment of these appropriations provides sufficient authority to the comptroller for the purpose of making payments for the purposes described herein until such time as appropriation bills submit- ted by the governor pursuant to article VII of the state constitution for the support of government for the state fiscal year beginning April 1, 2023 are enacted. § 2. The amounts specified in this section, or so much thereof as shall be sufficient to accomplish the purposes designated, is hereby appropriated and authorized to be paid as hereinafter provided, to the public officers and for the purpose specified, which amount shall be available for the state fiscal year beginning April 1, 2023. ALL STATE DEPARTMENTS AND AGENCIES For the purpose of making payments for personal service, including liabilities incurred prior to April 1, 2023, on the payrolls scheduled to be paid during the period April 1 through April 10, 2023 to state officers and employees of the execu- tive branch. This appropriation also includes funding for payment of health care and mental hygiene bonuses to eligi- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12005-01-3
S. 6200 2 ble state employees, and payments for services performed by mentally ill or developmentally disabled persons who are employed in state-operated special employ- ment, work-for-pay or sheltered workshop programs ................................... 215,500,000 -------------- § 3. The amount specified in this section, or so much thereof as shall be sufficient to accomplish the purpose designated, is hereby appropri- ated and authorized to be paid as hereinafter provided, to the public officers and for the purpose specified, which amount shall be available for the state fiscal year beginning April 1, 2023. ALL STATE DEPARTMENTS AND AGENCIES For the payment of state operations non personal service liabilities to the execu- tive branch, including the comptroller, and the attorney general, incurred in the ordinary course of business, during the period April 1 through April 10, 2023, pursuant to existing state law and for purposes for which the legislature author- ized the expenditure of moneys during the 2022-2023 state fiscal year; provided, however, that nothing contained herein shall be deemed to limit or restrict the power or authority of state departments or agencies to conduct their activities or operations in accordance with existing law, and further provided that nothing contained herein shall be deemed to super- sede, nullify or modify the provisions of section 40 of the state finance law prescribing when appropriations made for the 2022-2023 state fiscal year shall have ceased to have force and effect ............. 13,300,000 -------------- § 4. The amounts specified in this section, or so much thereof as shall be sufficient to accomplish the purposes designated, is hereby appropriated and authorized to be paid as hereinafter provided, to the public officers and for the purposes specified, which amount shall be available for the state fiscal year beginning April 1, 2023. ALL STATE DEPARTMENTS AND AGENCIES The sum of twelve million eight hundred sixty thousand dollars ($12,860,000), or so much thereof as shall be sufficient to accomplish the purpose designated, is hereby appropriated for contracts and grants approved for purposes for which the legislature authorized the expenditures of money during the 2022-2023 fiscal year. An S. 6200 3 amount up to twelve million eight hundred sixty thousand dollars ($12,860,000) shall be available for the payment of capital projects liabilities incurred during the period from April 1 through April 10, 2023 for contracts and grants approved prior to April 1, 2023, provided, however, that nothing contained herein shall be deemed to limit or restrict the power or authori- ty of state departments or agencies to conduct their activities or operations in accordance with existing law, and further provided that nothing contained herein shall be deemed to supersede, nullify, or modify the provisions of section 40 of the state finance law prescribing when appro- priations made for the 2022-2023 fiscal year shall have ceased to have force and effect ...................................... 12,860,000 -------------- § 5. The several amounts specified in this section, or so much thereof as shall be sufficient to accomplish the purposes designated, are hereby appropriated and authorized to be paid as hereinafter provided, to the respective public officers and for the several purposes specified, which amounts shall be available for the state fiscal year beginning April 1, 2023. ALL STATE DEPARTMENTS AND AGENCIES The sum of two million one hundred forty thousand dollars ($2,140,000), or so much thereof as shall be sufficient to accom- plish the purpose designated, is hereby appropriated for contracts and grants approved for which the legislature author- ized the expenditures of money during the 2022-2023 fiscal year. An amount up to two million one hundred forty thousand dollars ($2,140,000) shall be available for the payment of capital projects liabilities incurred during the period from April 1 through April 10, 2023 for contracts and grants approved after April 1, 2023, provided, however, that nothing contained herein shall be deemed to limit or restrict the power or authority of state departments or agencies to conduct their activities or operations in accordance with existing law, and further provided that nothing contained herein shall be deemed to supersede, nullify, or modify the provisions of section 40 of the state finance law prescribing when appropri- ations made for the 2022-2023 fiscal year shall have ceased to have force and effect ... 2,140,000 S. 6200 4 -------------- § 6. The amounts specified in this section, or so much thereof as shall be sufficient to accomplish the purposes designated, is hereby appropriated and authorized to be paid as hereinafter provided, to the public officers and for the purposes specified, which amount shall be available for the state fiscal year beginning April 1, 2023. MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES GENERAL STATE CHARGES STATE OPERATIONS GENERAL STATE CHARGES ...................................... 43,330,000 -------------- General Fund State Purposes Account - 10050 For employee fringe benefits according to the following project schedule including those benefits which are related to employees paid from funds, accounts, or programs where the division of the budget has issued waivers .......................... 42,230,000 Project Schedule PROJECT AMOUNT -------------------------------------------- For the state's contribution to the social security contribution fund ............. 42,000,000 For the state's share of contributions to the volun- tary defined contribution plan made on behalf of eligible employees pursuant to chapter 18 of the laws of 2012 who elect to partic- ipate in such plan and who are not otherwise eligible to participate in the SUNY optional retirement program ...... 230,000 -------------- Project schedule total .... 42,230,000 -------------- For the payment of the metropolitan commuter transportation mobility tax pursuant to article 23 of the tax law as added by chapter 25 of the laws of 2009 on behalf of the state employees employed in the metropolitan commuter transportation district ..................................... 1,100,000 -------------- S. 6200 5 § 7. The amounts specified in this section, or so much thereof as shall be sufficient to accomplish the purposes designated, is hereby appropriated and authorized to be paid as hereinafter provided, to the public officers and for the purposes specified, which amount shall be available for the state fiscal year beginning April 1, 2023. JUDICIARY For the payment of state operations nonper- sonal service liabilities, the sum of thirty-three million three hundred and thirty thousand dollars ($33,330,000), or so much thereof as shall be sufficient to accomplish the purpose designated, is hereby appropriated to the judiciary out of any moneys in the general fund or other funds to the credit of the state purposes account not otherwise appropriated. The comptroller is hereby authorized and directed to utilize this appropriation for the purpose of making payments for non- personal service liabilities incurred by the judiciary from April 1 through April 10, 2023 .................................... 33,330,000 For the payment of aid to localities liabil- ities, the sum of ten million dollars ($10,000,000), or so much thereof as shall be sufficient to accomplish the purpose designated, is hereby appropriated to the judiciary out of any moneys in the general fund or other funds to the credit of the state purposes account not otherwise appropriated. The comptroller is hereby authorized and directed to utilize this appropriation for the purpose of making payments for aid to localities liabilities incurred by the judiciary from April 1 through April 10, 2023 ...................... 10,000,000 For the payment of employee fringe benefit programs including, but not limited to, the judiciary's contributions to the health insurance fund, the employees' retirement system pension accumulation fund, the social security contribution fund, employee benefit fund programs, the dental insurance plan, the vision care plan, the unemployment insurance fund, and for workers' compensation benefits, the sum of seventy-five million dollars ($75,000,000), or so much thereof as shall be sufficient to accomplish the purpose designated, is hereby appropriated to the judiciary out of any moneys in the general fund or other funds to the credit of the state purposes account not otherwise appropriated. The comptroller is hereby S. 6200 6 authorized and directed to utilize this appropriation for the purpose of making payments for employee fringe benefit liabilities incurred by the judiciary from April 1 through April 10, 2023 .............. 75,000,000 § 8. The amounts specified in this section, or so much thereof as shall be sufficient to accomplish the purposes designated, is hereby appropriated and authorized to be paid as hereinafter provided, to the public officers and for the purposes specified, which amount shall be available for the state fiscal year beginning April 1, 2023. DEPARTMENT OF HEALTH AID TO LOCALITIES CENTER FOR COMMUNITY HEALTH PROGRAM ......................... 13,867,000 -------------- General Fund Local Assistance Account - 10000 For services and expenses related to the Indian health program. The moneys hereby appropriated shall be for payment of financial assistance heretofore accrued or hereafter to accrue (26840) .................. 3,200,000 -------------- Special Revenue Funds - Federal Federal USDA-Food and Nutrition Services Fund Federal Food and Nutrition Services Account - 25022 For various federal food and nutritional services. The moneys hereby appropriated shall be available for payment of finan- cial assistance heretofore accrued (26986) .. 10,667,000 -------------- § 9. The amounts specified in this section, or so much thereof as shall be sufficient to accomplish the purposes designated, is hereby appropriated and authorized to be paid as hereinafter provided, to the public officers and for the purposes specified, which amount shall be available for the state fiscal year beginning April 1, 2023. JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS AID TO LOCALITIES COMMUNITY SUPPORT PROGRAMS ..................................... 105,000 -------------- General Fund Local Assistance Account - 10000 S. 6200 7 Notwithstanding any other provision of law, the money hereby appropriated may be increased or decreased by interchange, with any appropriation of the justice center for the protection of people with special needs, and may be increased or decreased by transfer or suballocation between these appropriated amounts and appropriations of the office of mental health, office for people with develop- mental disabilities, office of addiction services and supports, department of health, and the office of children and family services with the approval of the director of the budget who shall file such approval with the department of audit and control and copies thereof with the chair- man of the senate finance committee and the chairman of the assembly ways and means committee. For surrogate decision- making committee program contracts with local service providers (48926) ................ 105,000 -------------- § 10. The amount specified in this section, or so much thereof as shall be sufficient to accomplish the purpose designated, is hereby appropriated and authorized to be paid as hereinafter provided, to the public officers and for the purpose specified, which amount shall be available for the state fiscal year beginning April 1, 2023. DEPARTMENT OF MENTAL HYGIENE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES AID TO LOCALITIES COMMUNITY SERVICES PROGRAM ................................. 173,054,000 -------------- General Fund Local Assistance Account - 10000 For services and expenses of the community services program, net of disallowances, for community programs for people with developmental disabilities pursuant to article 41 of the mental hygiene law, and/or chapter 620 of the laws of 1974, chapter 660 of the laws of 1977, chapter 412 of the laws of 1981, chapter 27 of the laws of 1987, chapter 729 of the laws of 1989, chapter 329 of the laws of 1993 and other provisions of the mental hygiene law. Notwithstanding any inconsistent provision of law, the following appropri- ation shall be net of prior and/or current S. 6200 8 year refunds, rebates, reimbursements, and credits. Notwithstanding any other provision of law, advances and reimbursement made pursuant to subdivision (d) of section 41.15 and section 41.18 of the mental hygiene law shall be allocated pursuant to a plan and in a manner prescribed by the agency head and approved by the director of the budg- et. The moneys hereby appropriated are available to reimburse or advance locali- ties and voluntary non-profit agencies for expenditures made during local fiscal periods commencing January 1, 2022, April 1, 2022 or July 1, 2022, and for advances for the 3 month period beginning January 1, 2023. Notwithstanding the provisions of article 41 of the mental hygiene law or any other inconsistent provision of law, rule or regulation, the commissioner, pursuant to such contract and in the manner provided therein, may pay all or a portion of the expenses incurred by such voluntary agen- cies arising out of loans which are funded from the proceeds of bonds and notes issued by the dormitory authority of the state of New York. Notwithstanding any other provision of law, the money hereby appropriated may be transferred to state operations and/or any appropriation of the office for people with developmental disabilities with the approval of the director of the budget. Notwithstanding any inconsistent provision of law, moneys from this appropriation may be used for state aid of up to 100 percent of the net deficit costs of day training programs and family support services. Notwithstanding the provisions of section 16.23 of the mental hygiene law and any other inconsistent provision of law, with relation to the operation of certified family care homes, including family care homes sponsored by voluntary not-for-pro- fit agencies, moneys from this appropri- ation may be used for payments to purchase general services including but not limited to respite providers, up to a maximum of 14 days, at rates to be established by the commissioner and approved by the director of the budget in consideration of factors including, but not limited to, geographic area and number of clients cared for in the home and for payment in an amount determined by the commissioner for the S. 6200 9 personal needs of each client residing in the family care home. Notwithstanding the provisions of subdivi- sion 12 of section 8 of the state finance law and any other inconsistent provision of law, moneys from this appropriation may be used for expenses of family care homes including payments to operators of certi- fied family care homes for damages caused by clients to personal and real property in accordance with standards established by the commissioner and approved by the director of the budget. Notwithstanding any inconsistent provision of law, moneys from this appropriation may be used for appropriate day program services and residential services includ- ing, but not limited to, direct housing subsidies to individuals, start-up expenses for family care providers, envi- ronmental modifications, adaptive technol- ogies, appraisals, property options, feasibility studies and preoperational expenses. Notwithstanding any inconsistent provision of law except pursuant to a chapter of the laws of 2022 authorizing a 5.4 percent cost of living adjustment, for the period commencing on April 1, 2022 and ending March 31, 2023 the commissioner shall not apply any other cost of living adjustment for the purpose of establishing rates of payments, contracts or any other form of reimbursement. Notwithstanding section 6908 of the educa- tion law and any other provision of law, rule or regulation to the contrary, direct support staff in programs certified or approved by the office for people with developmental disabilities, including the home and community based services waiver programs that the office for people with developmental disabilities is authorized to administer with federal approval pursu- ant to subdivision (c) of section 1915 of the federal social security act, are authorized to provide such tasks as OPWDD may specify when performed under the supervision, training and periodic inspection of a registered professional nurse and in accordance with an authorized practitioner's ordered care. Notwithstanding any other provision of law to the contrary, and consistent with section 33.07 of the mental hygiene law, the directors of facilities licensed but S. 6200 10 not operated by the office for people with developmental disabilities who act as federally-appointed representative payees and who assume management responsibility over the funds of a resident may continue to use such funds for the cost of the resident's care and treatment, consistent with federal law and regulations. Funds appropriated herein shall be available in accordance with the following: Notwithstanding any inconsistent provision of law, the director of the budget is authorized to make suballocations from this appropriation to the department of health medical assistance program. Notwithstanding any inconsistent provision of law, and pursuant to criteria estab- lished by the commissioner of the office for people with developmental disabilities and approved by the director of the budg- et, expenditures may be made from this appropriation for residential facilities which are pending recertification as intermediate care facilities for people with developmental disabilities. Notwithstanding the provisions of section 41.36 of the mental hygiene law and any other inconsistent provision of law, moneys from this appropriation may be used for payment up to $250 per year per client, at such times and in such manner as determined by the commissioner on the basis of financial need for the personal needs of each client residing in voluntary operated community residences and volun- tary-operated community residential alter- natives, including individualized residen- tial alternatives under the home and community based services waiver. The commissioner shall, subject to the approval of the director of the budget, alter existing advance payment schedules for voluntary-operated community resi- dences established pursuant to section 41.36 of the mental hygiene law. Notwith- standing any inconsistent provision of law moneys from this appropriation may be used for the operation of clinics licensed pursuant to article 16 of the mental hygiene law including, but not limited to, supportive and habilitative services consistent with the home and community based services waiver. Notwithstanding sections 112 and 163 of the state finance law and section 142 of the economic devel- opment law, or any other inconsistent S. 6200 11 provision of law, funds appropriated to the department of health in accordance with a schedule based upon approved Medi- caid claims for eligible home and communi- ty-based services, or other approved services as defined in section nine thou- sand eight hundred and seventeen of the American rescue plan act of 2021, from April 1, 2021 through March 31, 2023 and made available by the department of health via sub-allocation or transfer of up to $740,000,000 may be allocated and distrib- uted by the commissioner of the office for people with developmental disabilities, subject to approval of the director of the budget, without a competitive bid or request for proposal process for the services and expenses of qualified appli- cants. All awards will be granted utiliz- ing criteria established by the commis- sioner of the office for people with developmental disabilities to strengthen and enhance home and community-based services consistent with the American rescue plan act of 2021. For the state share of medical assistance services expenses incurred by the depart- ment of health for the provision of medical assistance services to people with developmental disabilities (37835) ......... 152,106,000 For services and expenses of the community services program, net of disallowances, for community programs for people with developmental disabilities pursuant to article 41 of the mental hygiene law, and/or chapter 620 of the laws of 1974, chapter 660 of the laws of 1977, chapter 412 of the laws of 1981, chapter 27 of the laws of 1987, chapter 729 of the laws of 1989, chapter 329 of the laws of 1993 and other provisions of the mental hygiene law. Notwithstanding any inconsistent provision of law, the following appropri- ation shall be net of prior and/or current year refunds, rebates, reimbursements, and credits. Notwithstanding any other provision of law, advances and reimbursement made pursuant to subdivision (d) of section 41.15 and section 41.18 of the mental hygiene law shall be allocated pursuant to a plan and in a manner prescribed by the agency head and approved by the director of the budg- et. The moneys hereby appropriated are available to reimburse or advance locali- ties and voluntary non-profit agencies for S. 6200 12 expenditures made during local fiscal periods commencing January 1, 2022, April 1, 2022 or July 1, 2022, and for advances for the 3 month period beginning January 1, 2023. Notwithstanding the provisions of article 41 of the mental hygiene law or any other inconsistent provision of law, rule or regulation, the commissioner, pursuant to such contract and in the manner provided therein, may pay all or a portion of the expenses incurred by such voluntary agen- cies arising out of loans which are funded from the proceeds of bonds and notes issued by the dormitory authority of the state of New York. Notwithstanding any other provision of law, the money hereby appropriated may be transferred to state operations and/or any appropriation of the office for people with developmental disabilities with the approval of the director of the budget. Notwithstanding any inconsistent provision of law, moneys from this appropriation may be used for state aid of up to 100 percent of the net deficit costs of day training programs and family support services. Notwithstanding the provisions of section 16.23 of the mental hygiene law and any other inconsistent provision of law, with relation to the operation of certified family care homes, including family care homes sponsored by voluntary not-for-pro- fit agencies, moneys from this appropri- ation may be used for payments to purchase general services including but not limited to respite providers, up to a maximum of 5 days, at rates to be established by the commissioner and approved by the director of the budget in consideration of factors including, but not limited to, geographic area and number of clients cared for in the home and for payment in an amount determined by the commissioner for the personal needs of each client residing in the family care home. Notwithstanding the provisions of subdivi- sion 12 of section 8 of the state finance law and any other inconsistent provision of law, moneys from this appropriation may be used for expenses of family care homes including payments to operators of certi- fied family care homes for damages caused by clients to personal and real property in accordance with standards established S. 6200 13 by the commissioner and approved by the director of the budget. Notwithstanding any inconsistent provision of law, moneys from this appropriation may be used for appropriate day program services and residential services includ- ing, but not limited to, direct housing subsidies to individuals, start-up expenses for family care providers, envi- ronmental modifications, adaptive technol- ogies, appraisals, property options, feasibility studies and preoperational expenses. Notwithstanding any inconsistent provision of law except pursuant to a chapter of the laws of 2021 authorizing a 5.4 percent cost of living adjustment, for the period commencing on April 1, 2022 and ending March 31, 2023 the commissioner shall not apply any other cost of living adjustment for the purpose of establishing rates of payments, contracts or any other form of reimbursement. Notwithstanding section 6908 of the educa- tion law and any other provision of law, rule or regulation to the contrary, direct support staff in programs certified or approved by the office for people with developmental disabilities, including the home and community based services waiver programs that the office for people with developmental disabilities is authorized to administer with federal approval pursu- ant to subdivision (c) of section 1915 of the federal social security act, are authorized to provide such tasks as the office for people with developmental disa- bilities may specify when performed under the supervision, training and periodic inspection of a registered professional nurse and in accordance with an authorized practitioner's ordered care. Notwithstanding any other provision of law to the contrary, and consistent with section 33.07 of the mental hygiene law, the directors of facilities licensed but not operated by the office for people with developmental disabilities who act as federally-appointed representative payees and who assume management responsibility over the funds of a resident may continue to use such funds for the cost of the resident's care and treatment, consistent with federal law and regulations. S. 6200 14 For services and expenses related to provid- ing health care and mental hygiene worker bonuses. Funds appropriated herein shall be available in accordance with the following: Notwithstanding any other provision of law to the contrary, funds appropriated herein are available to reimburse in- and out-of- state private residential schools, pursu- ant to subdivision (c) of section 13.37-a and subdivision (g) of section 13.38 of the mental hygiene law, for costs of supporting the residential and day program services available to individuals who are over the age of 21 years of age, provided that the amount paid for residential services and/or maintenance costs is net of any supplemental security income bene- fit to which the individual receiving services is eligible, and provided further that funding for nonresidential services will be in an amount not to exceed the maximum reimbursement for appropriate day services delivered by the office for people with developmental disabilities certified or approved providers other than in- and out-of-state private residential schools, unless otherwise authorized by the director of the budget. Notwithstanding section 163 of the state finance law, section 142 of the economic development law, and article 41 of the mental hygiene law, the commissioner of the office for people with developmental disabilities may make the funds appropri- ated herein available as state aid, a loan or a grant, pursuant to terms and condi- tions established by the commissioner of the office for people with developmental disabilities, to cover a portion of the development costs of private, public and/or non-profit organizations, including corporations and partnerships established pursuant to the private housing finance law and/or any other statutory provisions, for supportive housing units that have been set aside for individuals with intel- lectual and developmental disabilities. Further, the office for people with devel- opmental disabilities shall have a lien on the real property developed with such state aid, loans or grants, which shall be in the amount of the loan or grant, for a maximum term of 30 years, or other longer term consistent with the requirements of another regulatory agency. S. 6200 15 For services and expenses related to the provision of residential services to people with developmental disabilities (37802) ..................................... 11,880,000 For services and expenses related to the provision of day program services to people with developmental disabilities (37803) ...................................... 2,674,000 For services and expenses related to the provision of family support services to people with developmental disabilities (37804) ...................................... 3,732,000 For services and expenses related to the provision of workshop, day training and employment services to people with devel- opmental disabilities. Notwithstanding any other provision of law, up to $800,000 of this appropriation may be transferred to the New York State Education Departments' Adult Career and Continuing Education Services - Vocational Rehabilitation (ACCES-VR) program to support the Long- Term Sheltered Employment program operated by FEDCAP Rehabilitation Services, Inc. (37805) ...................................... 2,154,000 For other services and expenses provided to people with developmental disabilities including but not limited to hepatitis B, care at home waiver, epilepsy services, Special Olympics New York, Inc. and volun- tary fingerprinting (37806) .................... 508,000 -------------- § 11. No expenditure may be made from any appropriation in this act, until a certificate of approval has been issued by the director of the budget and a copy of such certificate shall have been filed with the state comptroller, the chairman of the senate finance committee and the chairman of the assembly ways and means committee provided, however, that any expenditures from any appropriation in this act made by the legislature or judiciary shall not require such certificate. § 12. All expenditures and disbursements made against the appropri- ations in this act shall, upon final action by the legislature on appro- priation bills submitted by the governor pursuant to article VII of the state constitution for the support of government for the state fiscal year beginning April 1, 2023, be transferred by the comptroller as expenditures and disbursements to such appropriations for all state departments and agencies, as applicable, in amounts equal to the amounts charged against the appropriations in this act for each such department, agency, and the legislature and the judiciary. § 13. Severability clause. If any clause, sentence, paragraph, subdi- vision, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section S. 6200 16 or part thereof directly involved in the controversy in which such judg- ment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. § 14. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2023; provided, however, that upon the transfer of expenditures and disbursements by the comptroller as provided in section twelve of this act, the appropri- ations made by this act and subject to such section shall be deemed repealed.
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