SENATE RESOLUTION adopting a budget resolution proposing amendments to
the 2010-2011 Executive Budget submission (Legislative Bills S. 6600-A,
S. 6601, S. 6602, S. 6603-A, S. 6604-A, S. 6605-A, S. 6606-A, S.
6607-A, S. 6608-A, S. 6609-A, S. 6610-A, S. 6611-A, S. 6612-A, S.
6613-A, S. 6614-A and S. 6615-A)

WHEREAS, It is the intent of the Legislature to effectuate the timely
passage of a State Budget; and
WHEREAS, It is the duty of the Senate to pass a fair and responsible
State Budget; and
WHEREAS, It is the intent of the Senate to foster a bipartisan and
open budget process to address the fiscal crisis through the use of
Joint Budget Conference Committees; and
WHEREAS, Our economy works best when New Yorkers are working, and the
most effective solution to address the economic crisis is to create and
sustain good-paying jobs through economic development that attracts
business and promotes entrepreneurship; and
WHEREAS, The taxpayers of the State of New York face the highest tax
burden in the nation, and thus the Senate will provide tax relief to
overburdened homeowners; and
WHEREAS, New Yorkers cannot afford any additional tax burdens, and
therefore the Senate opposes the use of any new taxes to close the budg-
et deficit; and
WHEREAS, For years, New York's government has spent more than it had,
and now must slow the growth of spending, and therefore the Senate
supports consolidation and government economy to reduce costs and make
state government more efficient and effective; and
WHEREAS, New York State's unsustainable spending growth requires imme-
diate action, and therefore the Senate recognizes the need to cut State
spending in a responsible manner while prioritizing core programs which
provide critical services and maintain essential functions of government
for the people of New York; and
WHEREAS, In this economy, New York's most vulnerable residents are
disproportionately affected, the Senate believes it is imperative to
preserve a safety net for children, seniors, the disabled, and others
most impacted by the fiscal crisis; 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 2010-2011 Executive Budget submission and
has recommended proposed amendments to such Budget submission in the
appended "Report of the Senate Finance Committee on the SFY 2010-2011
Executive Public Protection and General Government Budget", "Report of
the Senate Finance Committee on the SFY 2010-2011 Executive Education,
Labor and Family Assistance Budget", "Report of the Senate Finance
Committee on the SFY 2010-2011 Executive Health and Mental Hygiene Budg-
et", "Report of the Senate Finance Committee on the SFY 2010-2011 Execu-
tive Transportation, Economic Development and Environmental Conservation
Budget", "Report of the Senate Finance Committee on the SFY 2010-2011
Executive Legislature and Judiciary Budget", "Report of the Senate
Finance Committee on the SFY 2010-2011 State Debt Budget", and "Report
of the Senate Finance Committee on the SFY 2010-2011 Executive Revenue
Plan"; and
WHEREAS, It is the intent of the Legislature that the adoption thereof
and the agreement of both houses as to the monies available from
receipts and other sources for all government funds to be utilized for

the operation of government and to be set aside for reserves for the
current and ensuing fiscal year 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, (if the &HOUSE concur), That, the appended "Report of the
Senate Finance Committee on the SFY 2010-2011 Executive Public
Protection and General Government Budget", "Report of the Senate Finance
Committee on the SFY 2010-2011 Executive Education, Labor and Family
Assistance Budget", "Report of the Senate Finance Committee on the SFY
2010-2011 Executive Health and Mental Hygiene Budget", "Report of the
Senate Finance Committee on the SFY 2010-2011 Executive Transportation,
Economic Development and Environmental Conservation Budget", "Report of
the Senate Finance Committee on the SFY 2010-2011 Executive Legislature
and Judiciary Budget", "Report of the Senate Finance Committee on the
SFY 2010-2011 State Debt Budget", and "Report of the Senate Finance
Committee on the SFY 2010-2011 Executive Revenue Plan"; be and are
incorporated as part of this resolution and are hereby adopted as the
New York State Legislature's proposed amendments to the 2010-2011 Execu-
tive Budget Submission.

GENERAL GOVERNMENT

ALCOHOLIC BEVERAGE CONTROL (ABC)

The Senate modifies the Executive's All Funds recommendation of $22.3
million, an increase of $3.8 million or 20% from SFY 2009-10 levels,
with the following modification:

The Senate proposes a reduction of $1.2 million due to the rejection
of the Executive's proposal to allow the sale of wine in grocery stores.
In addition, the Senate accepts the Executive's inclusion of $2.4
million to modernize and improve the licensing processes of the Division
but adds language to clarify the intent of this appropriation.

DEPARTMENT OF AUDIT AND CONTROL

The Senate accepts the Executive's All Funds recommendation of $188.7
million, a decrease of $78 million or 29.2 percent from SFY 2009-10
levels.

DIVISION OF THE BUDGET

The Senate modifies the Executive's All Funds recommendation of $59
million, a decrease of $2.3 million, or 3.8 percent from SFY 2009-10
levels, with the following modification:

The Senate proposes a reduction of $304,000 in nonpersonal service
appropriated for services and expenses related to membership dues in
various public policy organizations.

Article VII Proposal:

The Senate accepts the Executive's proposal to establish joint
appointing authority for the Statewide Financial System Project.

CONSUMER PROTECTION BOARD

The Senate accepts the Executive's All Funds recommendation of $3.2
million, a reduction of $316,000 or 9 percent from SFY 2009-10 levels,
with the following modification:

The Senate reduces the Executive's recommended appropriation to the
Consumer Protection Board by $893,000 and subsequently proposes to merge
the Consumer Protection Board into the Department of Law. (See Depart-
ment of Law for further detail.)

STATE BOARD OF ELECTIONS

The Senate accepts the Executive's All Funds recommendation of $14.1
million, a decrease of $14.8 million or 51 percent from SFY 2009-10
levels.

PUBLIC INTEGRITY COMMISSION

The Senate accepts the Executive's All Funds recommendation of $4.3
million, a decrease of $854,000 or 16.5 percent from SFY 2009-10 levels.

EXECUTIVE CHAMBER

The Senate accepts the Executive's All Funds recommendation of $19.9
million, a decrease of $559,000 or 2.7 percent from SFY 2009-10 levels.

OFFICE OF THE LIEUTENANT GOVERNOR

The Senate accepts the Executive's All Funds recommendation of an
increase of $700,000, which represents the restoration of a SFY 2009-10
elimination of funding when the Office of Lieutenant Governor was
vacant.

OFFICE OF THE STATE INSPECTOR GENERAL

The Senate accepts the Executive's All Funds recommendation of $6.2
million, a decrease of $687,000 or 9.9 percent from SFY 2009-10 levels.

OFFICE OF TECHNOLOGY

The Senate accepts the Executive's All Funds recommendation of $427.2
million, a decrease of $116.1 million or 21.0 percent from SFY 2009-10
levels.

The Senate rejects the Executive's recommendation to provide $99.1
million in re-appropriated spending authority to the Office of Technolo-
gy for the construction of a State Data Center, in order to delay imple-
mentation of such construction until further information is provided
regarding the new plans for such Center that involve partnership with
various institutes of higher education.

COLLECTIVE BARGAINING AGREEMENTS

The Senate accepts the Executive's All Funds recommendation of $39.2
million, a decrease of $719,000 or 1.9 percent from SFY 2009-10 levels.

DEFERRED COMPENSATION BOARD

The Senate recommends to restore the $30,000 reduction to the Deferred
Compensation Board proposed by the Executive.

DEPARTMENT OF CIVIL SERVICE

The Senate accepts the Executive's All Funds recommendation of $55.1
million, a decrease of $2.8 million or 4.8 percent from SFY 2009-10
levels.

GENERAL STATE CHARGES/WORKFORCE

The Senate modifies the Executive's All Funds recommendation of $2.5
billion, an increase of $144 million or 6.2 percent from SFY 2009-10
levels, as follows:

The Senate includes an additional $80 million in savings through work-
force actions.

Article VII Proposals:

The Senate accepts the Executive's proposal to provide the New York
State Health Insurance Program (NYSHIP) the option to operate as a self-
insured plan.

The Senate modifies the Executive proposals:

* To tie the interest rate to be paid on judgments against the State
to a market-based rate.

* To allow State and local governments outside of New York City to
amortize a portion of pension contribution costs over a six-year
period to achieve significant financial relief, by amortizing a
portion of pension contributions permanently.

The Senate rejects the Executive's proposal to require State employees
and retirees to contribute to Medicare Part B Premiums.

OFFICE OF EMPLOYEE RELATIONS

The Senate accepts the Executive's All Funds recommendation of $6.9
million, an increase of $1.3 million or 23.2 percent from SFY 2009-10
levels.

OFFICE OF GENERAL SERVICES (OGS)

The Senate modifies the Executive's All Funds recommendation of $577.5
million, a decrease of $329 million or 36.3 percent from SFY 2009-10
levels, with the following modifications:

The Senate proposes a $4.3 million or five percent non-personal
service reduction to the General Fund.

The Senate proposes capital projects totaling $98 million for SFY
2010-11, the same as SFY 2009-10 levels to include the following:

* Design & Construction Management $12,766,000
* Health & Safety projects $22,000,000
* Preservation of Facilities $28,634,000

* Preventive Maintenance projects $16,000,000
* Energy Conservation projects $4,000,000
* State Capitol Building rehabilitation $3,650,000
* Sustainability projects $10,950,000

Article VII Proposals:

* The Senate accepts the Executive's proposal to repeal the require-
ment that contractors collect a fee on sales from centralized
contracts administered by the Office of General Services.

PUBLIC EMPLOYMENT RELATIONS BOARD (PERB)

The Senate accepts the Executive's All Funds recommendation of $4.5
million, a decrease of $141,000 or 3.0 percent from SFY 2009-10 levels.

Article VII Proposals:

The Senate accepts the Executive's proposal to eliminate the State
Employment Relations Board (SERB) and shift its functions to PERB.

WORKERS COMPENSATION

The Senate modifies the Executive's All Funds recommendation of $202.3
million, a decrease of $15.1 million or 7.0 percent from SFY 2009-10
levels, with the following modifications:

The Senate proposes a $916,160, or four percent, reduction to contrac-
tual services spending in the Systems Modernization Program for the
initiative to replace stenographers with digital recorders.

Article VII Proposals:

* The Senate accepts the Executive's proposal to collect surplus funds
from Workers Compensation insurance carriers.

* The Senate accepts the Executive's proposal to protect injured work-
ers' benefits and ensure that employers who participate in self-in-
sured groups and group administrators fully meet their future fiscal
responsibilities.

WORKERS COMPENSATION RESERVE

The Senate accepts the Executive's All Funds recommendation of $18
million, a decrease of $1.8 million or 9.0 percent from SFY 2009-10
levels.

The Senate proposes to extend the voluntary severance option to those
employees who requested it but did not get approved for such severance
by their respective agencies.

The Senate proposes to achieve $100 million in savings by reducing
overtime expenses across State agencies.

DIVISION OF VETERANS AFFAIRS

The Senate accepts the Executives All Funds recommendation of $16.9
million, a decrease of $1.1 million or 6.3 percent from SFY 2009-10

levels.

PUBLIC PROTECTION

STATE COMMISSION OF CORRECTIONS

The Senate modifies the Executive's All Funds recommendation of $3
million, a decrease of $36,000 or one percent from SFY 2009-10 levels
with the following modifications:

Article VII Proposals:

The Senate modifies the Executive's proposal to provide relief to
county jails by eliminating mandates that restrict the flexibility of
county jail administrations under the following provisions by:

* rejecting the proposal to authorize the housing of inmates who are
19, 20 and 21 years of age with inmates 16, 17, and 18 years of age;

* rejecting the provision to allow male and female inmates to share
the same infirmaries;

* modifying the provision to allow the defendant to appear electron-
ically via videoconferencing statewide to include consent of the
defendant; and

* accepting the provision to allow inmates to voluntarily leave a
facility under guard to perform work for a non-profit organization.

DEPARTMENT OF CORRECTIONAL SERVICES

The Senate modifies the Executive's All Funds recommendation of $3
billion, a decrease of $283 million or 8.5 percent from SFY 2009-10
levels, with the following modifications:

The Senate proposes General Fund reductions totaling $10 million, $7
million in non-personal service spending and $3 million associated with
administrative personal service spending in the Department of Correc-
tional Services.

The Senate accepts the Executive's recommendation to close three of
the four correctional facilities proposed for closure for a savings of
$3 million. The Senate further accepts the Executive's proposal to
consolidate dorms at several medium security correctional facilities for
a savings of $3.9 million. The following correctional facilities have
been identified by the Executive for closure: Butler (portion) minimum
security facility located in Wayne County ($1.2 million); Lyon Mountain
minimum correctional facility located in Clinton County ($1.7 million);
Ogdensburg medium correctional facility located in St. Lawrence County
($0); and Moriah Shock located in Essex County ($0).

The Senate opposes the closure of the Ogdensburg medium security
correctional facility and provides language for the full and continued
operation of the Ogdensburg facility.

CRIME VICTIMS BOARD

The Senate accepts the Executive's proposal to merge the Crime Victims
Board into the Division of Criminal Justice Services (DCJS) (see DCJS
for further details).

DIVISION OF CRIMINAL JUSTICE SERVICES

The Senate modifies the Executive's All Funds recommendation of $493.5
million a decrease of $12.8 million or 2.5 percent from SFY 2009-10
levels, with the following modifications:

The Senate modifies the Executive's recommendation by striking, with-
out prejudice, the Federal Edward Byrne Justice Assistance Grant (JAG)
appropriation and the Federal Byrne JAG American Recovery and Reinvest-
ment Act of 2009 funds. Alternatively the Senate requests that the JAG
program now be split between the Executive, Senate and Assembly as it
has been in previous years. In addition, the Federal American Recovery
and Reinvestment Act of 2009 funding should be continued to be allocated
to ensure that funds are used for Drug Law Reform. This funding allo-
cation should be revisited to maximize the use of this Federal funding.
Thereby, the Senate proposes that $5 million be redirected for reentry
supportive housing services.

The Senate modifies the Executive's proposed merger of the operations
of the Crime Victims Board (CVB), the Office for the Prevention of
Domestic Violence (OPDV) and the Division of Probation and Correctional
Alternatives (DPCA) into the Division of Criminal Justice Services
(DCJS), by striking, without prejudice, the merger of OPDV and subse-
quently restoring appropriations to allow for the continued operations
of the Office for the Prevention of Domestic Violence as a separate
agency.

The Senate rejects the Executive's proposal to transfer from the
Department of Health (DOH) funding of $1.8 million and responsibility
for the administration of the Rape Crisis Programs to DCJS. Instead the
Senate transfers the appropriation and responsibility of the Rape Crisis
Program back to DOH. In addition, the Senate rejects the proposal to
transfer $6.8 million in funding for the medical examiners program from
DOH to DCJS. Instead, the Senate transfers the funding for the medical
examiners back to DOH.

The Senate rejects the Executive's proposal to change the method of
distributing State Probation Aid, by striking, without prejudice, the
Probation Block Grant for probation and alternative to incarceration
programs. Instead the Senate proposes that the Probation Block Grant be
undone and the following appropriations be restored as single appropri-
ations: State Probation Aid; Intensive Supervision of Sex Offenders;
and, the Juvenile Risk Intervention Service Coordination.

The Senate reduces funding by $400,000 from the rejection of the Exec-
utive's Article VII proposal to expand the number of offenders that must
submit a DNA sample.

The Senate reduces appropriations in DCJS by $80 million from the
rejection of the Executive's proposal to house the new proposed Office
of Indigent Defense in DCJS and subsequently transfers all appropri-
ations associated with the new Office of Indigent Defense and funding
under the Indigent Legal Services Fund to the Department of State.

The Senate reduces funding in the following program:

* Crimes Against Revenue Program ($10 million)

The Senate restores funding for the following programs:

* Operation SNUG $2 million;

* Aid to Defense $985,000;

* New York State Defenders Association $315,000; and

* The Domestic Violence Hotline $210,000.

In addition, the Senate provides $200,000 in funding for the Bard
Prison Initiative.

The Senate proposes the use of the Criminal Justice Improvement
Account to fund domestic violence programs at $609,000 for SFY 2010-11.

ARTICLE VII PROPOSALS:

The Senate accepts the following Executive Article VII proposals:

* the proposal for technical corrections with regard to the District
Attorney and Indigent Legal Services Attorney Loan Forgiveness
Program;

* the extension of the District Attorney Remittance program for one
year;

* the statutory authorization for counties to establish an Office of
Conflict Defender as part of a plan to provide representation to
indigent defendants; and

* the proposal to provide additional flexibility for towns and
villages to consolidate justice courts and their facilities.

The Senate modifies the Executive's proposal to increase various civil
court fees to support indigent legal services for both criminal and
civil matters and for the rising costs of court operations by providing
language to ensure that the revenues generated are distributed for the
intended purposes.

The Senate modifies the Executive's proposal to merge the operations
of the Crime Victims Board, the Office for the Prevention of Domestic
Violence, and the Division of Probation and Correctional Alternatives
into the Division of Criminal Justice Services, by rejecting the merger
of the Office for the Prevention of Domestic Violence.

The Senate modifies the Executive's proposal to relieve local
probation departments of certain mandates. Instead the Senate proposes
the following modifications:

Accepts the following provisions:

* the requirement for the preparation of a pre-sentence report in
misdemeanor cases where a term of imprisonment to be imposed is
more than 180 days;

* the authorization for electronic transmission of pre-sentence
reports that are prepared for certain professional licensing agen-
cies;

* the extension of the Probation Detainer Warrant Pilot Program for
two years, and expansion of the program statewide; and

* the expansion of the definition of bench warrant to include
probation warrants.

Rejects the following provisions:

* the replacement of the reimbursement method of distributing
probation aid to counties and the City of New York with a grant
program;

* the requirement that a pre-sentence report be prepared for only
certain eligible youth convicted of a youthful offender (YO)
offense;

* the immediate extradition of persons who have signed a waiver of
extradition and requirement that certain persons on probation to
sign a waiver of extradition; and

* the requirement that District Attorneys seek to set aside a
sentence in certain cases involving orders of restitutions.

The Senate modifies the Executive's proposal to include under DCJS the
creation of a State entity to oversee the delivery of indigent defense
services statewide. Instead the Senate proposes that the Office of
Indigent Defense be moved to the Department of State. Further, the
Senate proposes language to ensure that the City of New York maintains a
minimum level of local expenditures for providing indigent defense
services.

The Senate rejects the Executive's proposal to require the Judiciary
to provide a public accounting of the expected impact on governments of
any new or expanded program mandated by its rules and regulations.

The Senate rejects the Executive's proposal to expand the number of
offenders that must submit a DNA sample and make a new class A misdemea-
nor for failure to provide such sample.

OFFICE OF HOMELAND SECURITY

The Senate modifies the Executive's All Funds recommendation of $832
million, an increase of $291 million or 53 percent from SFY 2009-10
levels with the following modifications:

The Senate accepts the Executive's proposal to allow the Office of
Homeland Security, State Emergency Management Office, the State
911-Board, the Office of Cyber Security and Critical Infrastructure
Coordination (CSCIC), and the Office of Fire Prevention and Control to
merge into a single newly created State Agency named the Division of

Homeland Security and Emergency Services (DHSES). However, the Senate
provides technical modifications to the Executive's Article VII proposal
tied to this merger.

The Senate accepts the Executive's new funding of $50 million for
counties to develop and purchase equipment for interoperable communi-
cation with the use of the Public Safety Communications Account. Howev-
er, the Senate reduces the Executive's proposed new funding of $30
million to $15 million for interoperable communication equipment
purchases for State Agencies with the use of the Public Safety Communi-
cations Account.

ARTICLE VII PROPOSALS:

The Senate modifies the Executive's proposal to allow the Office of
Homeland Security, State Emergency Management Office, the State
911-Board, the Office of Cyber Security and Critical Infrastructure
Coordination (CSCIC), and the Office of Fire Prevention and Control to
merge into a single newly created State Agency named the Division of
Homeland Security and Emergency Services (DHSES), by including language
to modify the provision granting an exemption from the State Freedom of
Information Law for reports issued by the new DHSES, and language
including an annual reporting requirement for two years with regard to
the progress of the merger, and to include a report on outreach to the
private sector and the general public.

The Senate rejects the Executive's proposal to allow local governments
to finance costs associated with the development of public safety commu-
nications systems through the Municipal Bond Bank Agency.

The Senate proposes a transfer of $17 million from the Public Safety
Communications Account to the General Fund.

INTEREST ON LAWYER ACCOUNT

The Senate accepts the Executive's All Funds recommendation of $46.8
million, a decrease of $1.1 million or 2.4 percent from SFY 2009-10
levels.

In addition, the Senate accepts the Executive's proposal to allow for
various court fee increases to provide $15 million in funding under a
supplemental appropriation in the Judiciary's budget.

JUDICIAL COMMISSION

The Senate accepts the Executive's All Funds recommendation of $5.47
million, an increase of $206,000 or 3.9 percent over SFY 2009-10 levels.

DEPARTMENT OF LAW

The Senate modifies the Executive's All Funds recommendation of $210
million, a decrease of $23.6 million, with the following modification:

The Senate proposes increasing appropriations by $2.3 million under
the Department of Law and includes language to allow the Department of
Law to assume all powers and duties of the Consumer Protection Board.

DIVISION OF MILITARY AND NAVAL AFFAIRS

The Senate modifies the Executive's All Funds recommendation of $482
million, a decrease of $482 million or 82 percent from SFY 2009-10
levels, with the following modification:

The Senate reduces funding by $145,000 associated with the Military
Museum and Veterans Research Center.

DIVISION OF PAROLE

The Senate modifies the Executive's All Funds recommendation of $189
million, a decrease of $4.5 million or 2 percent from SFY 2009-10
levels, with the following modification:

ARTICLE VII PROPOSALS:

The Senate modifies the Executive's proposal to reduce the number of
members on the Board of Parole from 19 to 13 and to reduce the term
limits from six years to five years. Instead, the Senate proposes the
reduction in the number of board members be from 19 to 14 to reflect the
current composition of the Board.

DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES

The Senate accepts the Executive's proposal to merge the Division of
Probation and Correctional Alternatives into the Division of Criminal
Justice Services (DCJS) (see DCJS for further detail).

OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE

The Senate rejects the Executive's proposal to merge the Office for
the Prevention of Domestic Violence into the Division of Criminal
Justice Services (DCJS) and subsequently provides $112,000 to allow for
the continued operations of the Office for the Prevention of Domestic
Violence as a separate agency.

DIVISION OF STATE POLICE

The Senate modifies the Executive's All Funds recommendation of $730
million, a decrease of $75 million or 9.4 percent from SFY 2009-10
levels, with the following modification:

The Senate includes $750,000 in funding to enhance the State Police's
arsenal.

ARTICLE VII PROPOSAL:

The Senate modifies the Executive's proposal that would require
photo-monitoring enforcement of speed limits in work zones and desig-
nated stretches of highways. Instead, the Senate provides language to
include a reporting requirement and a sunset provision.

LEGISLATURE/JUDICIARY

LEGISLATURE

The Senate accepts the Executive's recommendation, with the following
modification:

The Senate proposes an allocation of $500,000 for the independent
audit of the Metropolitan Transportation Authority to be initiated by
the Legislature.

JUDICIARY

The Senate modifies the All Funds recommendation of $2.7 billion, an
increase of $183.5 million, or 7.3 percent from SFY 2009-10 levels, with
the following modification:

The Senate reduces appropriations by $253,000 for the Administration
and General Support for the Office of Court Administration.

ARTICLE VII PROPOSALS:

The Senate includes language to enable the chief administrator of the
courts, as part of the Judiciary's annual budget submission, to include
a report on the civil legal needs of New Yorkers who cannot afford
private counsel, where such inability to afford private counsel is
determined pursuant to an existing applicable objective standard, and to
propose funding, subject to legislative approval, for the provision of
adequate resources for civil legal services.

EDUCATION, LABOR AND FAMILY ASSISTANCE

Council on the Arts

The Senate modifies the Executive's recommendation for the Council on
the Arts by increasing appropriations by $3.25 for a total All Funds
appropriation of $47.4 million, a 12.1 percent decrease from SFY 2009-10
levels. Modifications are as follows:

* The Senate restores $3.25 million to the Arts Grants, bringing the
total appropriation to $38.4 million, $6.3 million less than the SFY
2009-2010 appropriation.

The Senate accepts the Executive's 21 day amendment recommendation to
provide $245,000 in carry out funds to The EGG in expectation of self-
sufficiency in SFY 2011-12.

CITY UNIVERSITY OF NEW YORK (CUNY)

The Senate modifies the Executive's recommendation by providing an
additional State Fiscal Year (SFY) funding of $18.6 million for the CUNY
system. The Senate further proposes reducing State support for certain
programs by $17.2 million, for a net funding increase of $1.4 million
from the level recommended by the Executive. The Senate proposes main-
taining CUNY's Senior College tuition revenue in the State appropriation
process. Consequently, the Senate includes a non-General Fund appropri-
ation of $792.4 million, which would be sufficient to accommodate CUNY's
Senior College tuition revenues during the 2010-11 academic year.

The Senate accepts the Executive's recommendation to reduce General
Fund Support on a state fiscal year basis as follows:

* CUNY Senior Colleges' operating aid reduction of $47.7 million.

* CUNY State-operated colleges' work force reduction of $16.4 million.

The Senate proposes additional state fiscal year funding for CUNY as
follows:

* $285 in Base Aid restoration per full-time equivalent student (FTE),
a total of $16.4 million for CUNY Community Colleges.

* $1.5 million to support the Linking Employment, Academics and Disa-
bility Services (LEADS) program at CUNY.

* $400,000 funding for Medgar Evers College to support the CUNY Law
and Social Justice Program.

* $300,000 to support of DuBois Bunche Center for Public Policy at
Medgar Evers College.

The Senate proposes to reduce funding for the following programs:

* $14.5 million reduction in State support for the CUNY Senior
Colleges' University-wide programs.

* $1.8 million reduction in State support for the CUNY's Central
Administration.

* $813,000 funding reduction for CUNY Community College Rental Aid
program.

The Senate accepts the executive's recommendation to utilize $32.8
million from the American Recovery and Reinvestment Act (ARRA) funds to
offset General Fund support for the CUNY Community college operating
cost in SFY 2010-11.

Article VII Proposals:

The Senate takes following actions on the Executive's Article VII
Proposals:

The Senate accepts the Executive's proposal to:

* Require CUNY Board to provide 2 annual reports covering 6 months
worth of activity to the Chairs of Finance, Ways and Means and the
Division of Budget by March 1st and September 1st and the Senate
accepts the recommended criteria to be included in the report.

* Repeal the CUNY tuition split enacted last year and because it is
now obsolete due to 100 percent of tuition revenue returning to
campuses.

* Allow CUNY to submit information to the Regents for their master
plan every eight years instead of the current 4 year requirement.

* Indemnify students enrolled in a credit bearing SUNY course that
requires supervised clinical experience at an affiliate clinic.

* Move the CUNY construction fund from pre-audit to post-audit.

* Allow CUNY construction fund to use any delivery methods authorized
by the CUNY construction fund or Dormitory Authority.

The Senate rejects the Executive's proposal to:

* Require the CUNY Board of Trustees to establish a maximum percentage
of out-of-state residents allowed.

* Allow CUNY to spend tuition revenue and university wide revenue
without state appropriation.

The Senate modifies the Executive's proposal to:

* Allow CUNY to charge differential tuition rates by program or campus
by allowing differential tuition for out-of-state residents and for
professional or graduate degree programs but deny the proposal for
differential tuition by campus and for New York state resident
undergraduate students.

* Require CUNY Board of Trustees to promulgate guidelines by June 15,
2010 outlining the criteria that a graduate or professional program
must meet in order to qualify for differential tuition rates. Accept
the Executive's proposal in regard to the required criteria.

* Allow CUNY Board of Trustees to develop a rational tuition plan of
annual general tuition rate increases limited to one and a half
times the five year rolling average of the general Higher Education
Price Index ( HEPI) and reject the two and a half times HEPI rate
proposed by the Executive.

* Require an accounting mechanism for CUNY to provide need based aid
to cover the TAP gap between tuition increases and the maximum TAP
awards for those students receiving such awards.

* Allow CUNY to move from a pre-audit system to a post-audit system by
rejecting that proposal except as it relates to the procurement of
goods.

The Senate recommends a statutory change that would:

* Allow CUNY to receive all of their tuition revenue and to retain
such revenue.

STATE EDUCATION DEPARTMENT

The Senate Majority accepts the Executive Budget Reduction to school
aid in the amount of $1.4 billion. At the same time the Senate majority
proposes several actions that will provide school districts with flexi-
bility to use available funds and the ability to generate savings
through several proposals, including:

* Charter School Tuition: The Senate Majority accepts the Executive's
proposal to freeze charter school tuition payments to the 2008-09
levels.

* Mandate Relief: The Senate Majority modifies the Executive's
proposal to increase the State Education Department's obligation to
perform local fiscal impact statements, to ensure that the necessary
operations of the Board of Regents continue, while at the same time
allowing making the Board more accountable to the districts it over-
sees. The Senate Majority also proposes a modification to prohibit
the implementation of new statutory and regulatory mandates during
the school year.

* EBLAR Reserves: The Senate Majority modifies the Executive's
proposal to allow school districts to expend excess funds up to the
amount of the district's gap elimination adjustment from their
employee benefit accrued liability reserve (EBLAR) funds to maintain
educational programs. The Senate Majority would further allow the
transfer of funds from EBLAR accounts into newly authorized teach-
ers' retirement system reserve funds.

Foundation Aid:

The Senate accepts the Executive proposal to fund Foundation Aid at
$14.89 billion in School Year 2010-2011. However, the Senate rejects the
Executive's proposal to freeze Foundation Aid for the 2011-2012 School
Year. Instead the Senate proposes to restart Foundation Aid in the
2011-2012.

High Tax Aid

The Senate accepts the Executive proposal to fund High Tax Aid at
$204.7 million in School Year 2010-2011. However, the Senate rejects the
Executive's proposal to freeze High Tax Aid for the 2011-2012 School
Year. The Senate proposes to restart High Tax Aid. The Senate proposal
takes into consideration the economic situation of the State as well as
the needs of school districts with high tax effort issues throughout the
State.

Universal Pre-Kindergarten

The Senate accepts the Executive proposal to fund Universal Pre-Kin-
dergarten (UPK) at $399.7 million for School Year 2010-2011. The Senate
adds Article VII language to allow the use unexpended funds for trans-
portation or full-day kindergarten slots as long as school districts do
not reduce the amount of UPK slots available.

Reimbursement Aids:

Building Aid and Building Reorganization Aid:

The Senate provides present law funding in the amount of $2.84
billion, an increase of $218.5 million or 9.8 percent present law
increase for Building Aid and Building Aid reorganization.

Transportation Aid:

The Senate provides present law funding in the amount of $1.64
billion, an increase of $99.6 million or 6.45 percent present law
increase for Transportation Aid, representing an increase of 6.4 percent
over SY 2009-2010.

Boards of Cooperative Educational Services (BOCES):

The Senate accepts the Executive's proposal that fully funds the $33
million present law increase for BOCES Aid, providing an increase of 4.7
percent from SY 2009-2010.

Public Excess Cost-High Cost:

The Senate provides present law funding in the amount of $454.1
million, an increase of $10.2 million or 2.3 percent over SY 2009-2010.

Reorganization Incentive Aid:

The Senate provides $2.86 million for Reorganization Incentive Aid for
SY 2010-11, the same level of funding as SY 2009-10.

Special Services Aid:

The Senate provides $199.70 million for SY 2010-11, a $6.71 million
decrease from SY 2009-10.

Other School Aid Categories:

Education Grants:

The Senate accepts the Executive's proposal to maintain funding for
Education Grants at the prior year level. It is recommended that Yonkers
City School District receive a $17.5 million Supplemental Educational
Improvement Grant and New York City a $1.2 million Academic Achievement
Grant, the same amount provided last year.

For 2011-2012, the Senate is evaluating a proposal that would increase
the Supplemental Educational Improvement grant for the City of Yonkers
in order to align Yonkers with the other Big Four City School Districts.

Special Education Cost Shifts:

Preschool Special Education:

The Senate rejects the Executive's proposal to cap the growth in the
county share of costs for preschool special education to two percent
beginning in SY 2010-11 and to assign growth above two percent to the
school district of residence.

Summer School Special Education:

The Senate rejects the Executive proposal to change State reimburse-
ment for summer school special education from a flat rate of 70 percent
for all districts to the Foundation Aid State Sharing Ratio for each
district starting in SY 2010-11. In addition, the Senate rejects the
Executive proposal to limit the portion of the current year appropri-
ations that is available to pay prior year claims.

Title I and Individuals with Disabilities Education Act Funds (IDEA):

The Senate supports the continuation of aid to school districts
through the American Recovery and Reinvestment Act (ARRA) of 2009. The
Senate accepts the use of $454 million in Federal funding for SFY 2010-
11 for Title I funding. The Senate supports the use of Individuals with
Disabilities Education Act (IDEA) funds to schools to help ensure that
students with disabilities have access to free quality education. The
Senate supports the use of $398 million in federal funding for SFY
2010-11 in IDEA funding. In SY 2010-2011, school districts would receive
an additional increase in the amount of $852 million.

Nonpublic School Aid:

The Senate modifies the Executive's proposal for nonpublic school aid
by accepting the $1.5 million decrease to the appropriation for compre-
hensive attendance and increasing that reduction by an additional $3
million for a total reduction of $4.5 million. The Senate would also
include language eliminating the comprehensive attendance program (CAP).

The Senate eliminates funding in the amount of $1.73 million for the
Charter School Institute at SUNY.

Teacher Centers:

The Senate rejects the Executive's proposal to eliminate funding for
Teacher Centers. Instead, the Senate majority provides a $35 million
restoration to the Teacher Center program.

The Senate provides funds for the following programs:

* Say Yes to Education, $1 million

* New York Council on the Humanities, $225,000

* Bard High School Early College, $300,000

STATE EDUCATION DEPARTMENT (HIGHER EDUCATION PROGRAMS)

The Senate modifies the Executive's recommendation by reducing support
for the Direct Institutional Aid for the Independent colleges and

universities (BUNDY Aid) by $5.8 million or 15 percent, from the Execu-
tive recommended level of $39 million to $33 million.

Article VII Proposals:

The Senate concurs with the Executive's recommendations with the
following modifications:

The Senate accepts the Executive's recommendation to:

* Extend the requirement that manufacturers of instructional materials
for college students make those materials available in an alternate
format for disabled students until August 14, 2013.

* Extend the physical therapy assistants' authorization to provide
servicers in home care settings until June 30, 2014.

* Extend the law authorizing physical therapy assistants to provide
therapy services in public and private primary and secondary
schools, and for preschoolers until June 10, 2015.

* Extend the law authorizing foreign trained dental faculty the limit-
ed privilege of licensure if they are employed full-time in an
academic setting.

* The Senate modifies the Executive's recommendation to extend the
enactment date of the social worker licensure overhaul legislation
approved in 2002 from June 1, 2010 to June 1, 2014 by recommending
additional language to include in the temporary exemption any New
York State or Federal Agency, political subdivision, municipal
corporation or local government agency or unit pursuant to authority
granted by law, and include provisions requiring that such entities
report their progress toward compliance with the law to the Legisla-
ture on an annual basis on or before June 1 of each year.

Cultural Education

The Senate rejects the Executive's proposal to reduce library aid to
$84.5 million in funding and restores $2.4 million, bringing funding to
$86.9 million.

The Senate accepts the Executive's proposal of maintaining support for
the State's public televisions and radio stations at $15 million through
support from the General Fund and Federal American Recovery and Rein-
vestment Act Funding

VESID

The Senate accepts the Executive's proposal to increase funding for
VESID by $31.57 million.

The Senate accepts the Executive's proposal to maintain funding levels
for the following programs:

* $294,000 for College Readers

* $54 million for Case Services

* $12.36 million for Independent Living Centers

* $15.16 million for Long Term Support Services

Article VII Proposals:

Contracts for Excellence:

The Senate Majority modifies the Executive's Contract for Excellence
proposal. The Executive proposal would maintain all current contracts,
unless all schools in the district are found to be in good standing.
Districts would be authorized to reduce their spending on approved
programs for SY 2010-11 by the same percentage as the district's gap
elimination adjustment. The Senate Majority recommends modifying this
proposal to allow all school districts, except those in cities with a
population of one million or more, to further reduce these funding set
asides by an additional 4%.

Mandate Relief

The Senate Majority modifies the Executive's proposal to increase the
State Education Department's obligation to perform local fiscal impact
statements, to ensure that the necessary operations of the Board of
Regents continue, while at the same time allowing making the Board more
accountable to the districts it oversees. The Senate Majority also
proposes a modification to prohibit the implementation of new statutory
and regulatory mandates during the school year.

Regional Transportation:

The Senate Majority accepts the Executive's proposal to allow school
districts to engage in regional transportation and engage in shared
transportation contracts.

The Senate Majority modifies the Executive's proposal to enact the
Paperwork Reduction Act to include additional reports and to allow
school district to post reports on their websites.

Contingency Budget Cap:

The Senate Majority modifies the Executive's proposal to adjust the
calculation of the contingency budget cap to allow for the use of a five
year rolling average of the consumer price index rather than holding the
cap to zero.

Charter School Tuition:

The Senate Majority accepts the Executive's proposal to freeze charter
school tuition payments to the 2008-09 levels.

Kindergarten Eligibility:

The Senate Majority modifies the Executive's proposal to define
students as eligible for kindergarten as those students turning five by
December 31 of the year in which the student starts school to ensure
that the definition applies to all public schools.

Teacher Conference Days:

The Senate Majority rejects the Executive's proposal to limit the
ability of school districts to hold teacher contract days during the
instructional year.

Committees on Pre School Special Education Placement:

The Senate Majority accepts the Executive's proposal to require
Committees' on Pre-School Special Education to provide a written expla-
nation if they place a child in a program which is not the closest
available placement.

Special Education Reporting:

The Senate Majority accepts the Executive's proposal to require the
State Education Department to issue a report on school districts with
high rates of special education identification and classification as
well as districts with low incidence of declassification.

EBLAR Reserves:

The Senate Majority modifies the Executive's proposal to allow school
districts to expend excess funds up to the amount of the district's gap
elimination adjustment from their employee benefit accrued liability
reserve (EBLAR) funds to maintain educational programs. The Senate
Majority would further allow the transfer of funds from EBLAR accounts
into newly authorized teachers' retirement system reserve funds.

The Senate Majority rejects the Executive's proposal to require the
Comptroller to complete audits of the ELBAR accounts by the end of the
2010-11 school year.

Statutory Extenders:

The Senate Majority accepts the Executive's proposals to extend a
number of provisions of expiring law, including the federal guns free
school act, the ability of school districts to make conditional appoint-
ments and No Child Left Behind.

Regional Transportation Study:

The Senate Majority modifies the Executive's proposal to require the
State Education Department to perform a study of regional transportation
practices.

EXCEL Report:

The Senate Majority proposes the establishment of a report on the
utilization of EXCEL funds by the City of New York.

HIGHER EDUCATION SERVICES CORPORATION (HESC)

The Senate modifies the Executive's recommendation by providing an
additional State Fiscal Year (SFY) funding of $22.4 million. The Senate
further decreases State support for the New York State Higher Education
Loan Program (NYHELPs) by $34.6 million for a net All Funds appropri-
ation of $1.053 billion, an increase of $22 million from the Executive
Budget proposal.

The Senate restores funding for the following programs:

* Restore the proposed $75 across the board reduction to the Tuition
Assistance program (TAP) award, a total of $16.5 million in SFY
2010-11.

* Restore $5.9 million to maintain the current academic eligibility
requirement for non-remedial student recipients of TAP.

The Senate proposes to eliminate funding for the following program:

* The New York Higher Education Loan Program (NYHELPs), a savings of
$34.6 million.

Article VII Proposals:

The Senate accepts the Executive's recommendations with the following
modifications:

The Senate denies the Executive's proposals to:

* Increase academic standards for TAP eligibility.

* Reduce TAP for all recipients by $75.

The Senate accepts the Executive's recommendations to:

* Deny TAP to students in default on any government education loan.

* Deny TAP awards to graduate students.

* Increase TAP awards for financially independent students under the
age of 22 and decrease TAP awards for married students under the age
of 22 who do not have children.

* Reduce the maximum TAP award from $5,000 to $4,000 for students
enrolled in schools that do not award baccalaureate degrees.

* Provide TAP to students attending schools eligible for Federal PELL
awards but not under State Education Department's (SED) direct
supervision.

* Include all private pensions and annuities in the income calculation
when determining TAP eligibility.

* Extend the Patricia K. McGee Nursing Faculty Scholarship and the
Nursing Faculty Loan Forgiveness Incentive Programs.

* Extend the Regents Physician Loan Forgiveness Program until after
the 2010-2011 academic year and allow for retroactive payments to
those in the program to make up for the loss last year.

* Sunset the scholarship for Academic Excellence program and the Math
and Science Teaching Incentive Program after the 2010-2011 academic
year.

* Make technical corrections to the New York Higher Education Loan
Program (NYHELPs).

DEPARTMENT OF LABOR

The Senate modifies the Executive's All Funds recommendation of $8.1
billion, a decrease of $4.1 billion or 33.8 percent from SFY 2009-10
levels, as follows:

The Senate proposes to restore $5.4 million for the following work-
force training initiatives:

* CWE-Workplace Literacy $ 225,000

* Domestic Violence/ Cornell AFL-CIO $ 90,000

* Consortium for Worker Education (CWE)-Workforce Development $
455,000

* Western NY Council on Occupational Safety & Health $ 226,000

* WYNCOSH Special Training and meetings for employers and employees $
181,000

* Workforce Development Institute AFL-CIO for workforce training,
education and program development initiatives $ 4,200,000.

Article VII Proposals:

The Senate proposes legislation to eliminate the misclassification of
workers by employers in the construction industry.

OFFICE OF CHILDREN AND FAMILY SERVICES

The Senate modifies the Executive's All Funds recommendation of $3.9
billion, a decrease of $34.2 million or 3.4 percent from the SFY 2009-10
levels, as follows:

The Senate restores funding for following General Fund programs:

* Community Optional Preventive Services, $2,910,500;

* Advantage Afterschool, $2,397,000;

* Settlement Houses, $100,000;

* Home Visiting, $1,746,600;

* Preventive Services, $4,934,100;

* Kinship/Care Taker Relative, $99,000;

* Caseload Reduction, $168,200;

* Child Advocacy Centers, $581,000;

* Youth Development and Delinquency Program / Special Delinquency
Prevention Program (YDDP/SDPP), $3,138,000;

* Runaway Homeless and Youth Act, $524,000;

* Post Placement, $299,936; and

* Hoyt Children and Family Trust Fund, $138,100.

The Senate restores federal funding for the following Temporary
Assistance for Needy Families (TANF) programs:

* Advantage Afterschool, $6,390,000;

* Settlement Houses, $5,000,000;

* Nurse Family Partnership, $5,000,000;

* Home Visiting, $5,822,002;

* Child Care Demonstration Projects, $10,900,000;

* Preventive Services, $18,792,000;

* Kinship/Care Taker Relative, $1,998,000;

* Non-Residential/Domestic Violence, $3,000,000;

* Child Care CUNY, $1,440,000; and

* Child Care SUNY, $1,960,000.

The Senate includes reductions as follows:

* Child Welfare Services, ($77,160,000);

* CONNECTIONS Modernization, ($3,000,000);

* Medical Assistance per Diems, ($4,250,000);

* Local District Training, ($689,475); and

* Detention Services, ($4,000,000).

The Senate redirects $2,215,000 from the SFY 2010-11 Executive Budget
proposal and establishes enhanced funding for alternatives to detention
and residential placement.

The Senate rejects the Executive's proposal to utilize additional
Title XX funding to support the Adult Protective/ Domestic Violence
(AP/DV) program and restores $18,008,000. The Senate provides language
that would require New York City to utilize their discretionary Title XX
to only fund senior centers.

Article VII Proposals:

* Accepts the Executive's proposal to enable the use of electronic
benefit transfer of foster care and adoption subsidy payments.

* Rejects the Executive's proposal which would only allow court
ordered child protective investigations in the instances of custody,
guardianship, Person In Need of Supervision (PINS) or abuse or

neglect proceedings for those instances where there is reasonable
cause to suspect abuse or neglect.

* Rejects the Executive's proposal to allow certain individuals to
testify by telephonic or electronic means in Family Court
proceedings. The Senate provides $201,000.

* Modifies the Executive's program to create a kinship guardianship
assistance program and requires the program be funded outside of the
foster care block grant. The Senate provides $1,000,000.

* Modifies the Executive's proposal for the Safe Harbour for Sexually
Exploited Children's Act to clarify provisions relating to loitering
for the purposes of prostitution.

* Modifies the Executive proposal to authorize the deduction of union
dues from certain non-unionized child care providers and requires
notice be given to providers.

* Modifies the Executive's proposal to streamline local county plan-
ning requirements and clarifies the process for public input.

* Modifies the Executive's proposal to authorize the withholding of
State payments to local social services districts to recover past
due facility reimbursements by eliminating language which would
authorize the Executive to make adjustments to past costs and rates.
The Senate recovers $42,000,000.

* Proposes legislation to allow the Correctional Association to act as
an independent oversight entity over the State's juvenile justice
system. The Senate provides $300,000.

* Proposes legislation to provide that in dispositional hearings in
juvenile delinquency proceedings the Family Court shall not place a
youth in certain residential placements unless the Court determines
that the youth poses a significant risk to public safety and that
there are no available alternatives to placement that could
adequately mitigate such risk.

* Proposes legislation to provide that counties could receive 65%
reimbursement from the State for alternatives to detention and
alternatives to residential placement programs. The Senate provides
$11,815,000.

* Proposes legislation to create a pilot program to provide job skills
training for youth residing at three residential facilities operated
by the Office of Children and Family Services. The Senate provides
$300,000.

OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE

The Senate modifies the Executive's All Funds recommendation of $6.0
billion, an increase of $342 million or 6.1 percent from SFY 2009-10
levels, as follows:

The Senate restores funding for the following General Fund programs:

* Single Room Occupancy, $1,861,000;

* Homeless Intervention Program, $892,000;

* Health Care Jobs, $2,000,000;

* Green Jobs, $2,000,000;

* Citizenship Initiative, $542,000; and

* New York State Refugee Resettlement Assistance Program, $511,000

The Senate restores federal funding for the following TANF programs:

* Summer Youth Employment, $35,000,000;

* Wage Subsidy, $6,000,000;

* Supportive Housing for Families and Young Adults, $5,000,000;

* Welfare-to-Careers, $500,000;

* Supplemental Homeless Intervention Program, $5,000,000;

* Wheels for Work, $5,000,000;

* Emergency Homeless, $2,000,000; and

* New York State Refugee Resettlement Assistance Program, $1,000,000.

The Senate accesses federal TANF Emergency Contingency Funds to
partially restore or fund the following programs:

* Wage Subsidy, $8,000,000;

* Wheels for Work, $4,000,000;

* Transitional Jobs, $15,000,000;

* Green Jobs, $4,000,000;

* Emergency Assistance for Families, $5,600,000; and

* Debt Consolidation Loan Program, $1,900,000.

The Senate provides increased funding of $458,000 for the Citizenship
Initiative program.

The Senate includes General Fund reductions as follows:

* Homeless Prevention program, ($1,100,000);

* Public Assistance Caseload re-estimate, ($17,467,646).

The Senate includes federal TANF reductions as follows:

* Intensive case services, ($11,313,000); and

* Local Family Support Fund, ($32,187,000).

The Senate rejects the proposal to align the adult homeless shelter
system financing with the family shelter system financing and restores
$35,800,000.

Article VII:

* Accepts the Executive's proposal to authorize the Federal Supple-
mental Security Income (SSI) cost of living adjustment pass through.

* Accepts the Executive's proposal to authorize the Office of Tempo-
rary and Disability Assistance (OTDA) to administer the Nutrition
Outreach and Education Program (NOEP).

* Accepts the Executive proposal to authorize OTDA to access wage
reporting data on former public assistance recipients in order to
evaluate the effectiveness of public assistance work programs and
transitional benefits.

* Rejects the Executive's proposal to delay implementation of the
public assistance grant increase. The Senate provides $13,970,000.

* Modifies the Executive's proposal to authorize New York State to
administer the SSI State supplement by providing definitions in
statute instead of regulations and by including provisions regarding
fair hearings and recertification.

* Proposes legislation that would prohibit New York City from collect-
ing shelter fees from residents in adult and family shelters.

* Proposes legislation that would allow for baccalaureate programs to
count towards work participation rates and the satisfaction of a
public assistance participant's work activity requirements.

* Proposes legislation that would remove a certain time period in
which an adult receives cash assistance in the Safety Net Assistance
(SNA) program from the maximum five year life time cap under the
TANF program. The Senate estimates savings of $5,850,000.

* Proposes legislation that would require an independent evaluation of
certain programs funded by TANF. The Senate provides $500,000.

* Proposes legislation that would require OTDA to provide a standard
notification form to public assistance applicants.

DIVISION OF HUMAN RIGHTS

The Senate accepts the Executive's All Funds recommendation of $22.7
million, a decrease of $284,000 or 1.2 percent from SFY 2009-10 levels.

OFFICE OF THE WELFARE INSPECTOR GENERAL

The Senate accepts the Executive's All Funds recommendation of $1.6
million, consistent with SFY 2009-10 levels.

STATE UNIVERSITY OF NEW YORK (SUNY)

The Senate modifies the Executive's recommendation by providing an
additional State Fiscal Year (SFY) funding of $40.3 million for the SUNY

system. The Senate further proposes reducing State support for certain
programs by $21.7 million, for a net funding increase of $18.6 million
from the level recommended by the Executive. The Senate proposes main-
taining SUNY's State-operated campuses' tuition revenue in the State
appropriation process. Consequently, the Senate includes a non-General
Fund appropriation of $1.3 billion, which would be sufficient to accom-
modate projected tuition revenues during the 2010-11 academic year.

The Senate accepts the Executive's recommendation to reduce General
Fund Support on a state fiscal year basis as follows:

* SUNY State-operated and statutory colleges' operating aid reduction
of $109.8 million.

* SUNY State-operated colleges' work force reduction of $26.5 million.

The Senate proposes additional state fiscal year funding for SUNY as
follows:

* $285 in Base Aid restoration per full-time equivalent student (FTE),
a total of $40.3 million for SUNY Community Colleges.

The Senate proposes to reduce/eliminate funding for the following
programs:

* $15.4 million reduction in State support for SUNY's State-operated
colleges' University-wide programs.

* $5.5 million reduction in State support for the SUNY's Central
Administration.

* $838,000 funding reduction for SUNY Community College Rental Aid
program.

The Senate accepts the Executive's recommendation to utilize $62.4
million from the American Recovery and Reinvestment Act (ARRA) funds to
offset General Fund support for the SUNY Community college operating
cost in SFY 2010-11.

Article VII Proposals:

The Senate takes following actions on the Executive's Article VII
Proposals:

The Senate accepts the Executive's proposal to:

* Require SUNY Board to provide 2 annual reports covering 6 months
worth of activity to the Chairs of Finance, Ways and Means and the
Division of Budget by March 1st and September 1st and the Senate
accepts the recommended criteria to be included in the report.

* Repeal the SUNY tuition split enacted last year because it is now
obsolete due to 100% of tuition revenue returning to the campuses.

* Require the state to give SUNY their state support payments in four
installments coming on or before the first week of July, October,
January, and April.

* Allow SUNY to submit information to the Regents for their master
plan every eight years instead of the current 4 year requirement.

* Indemnify students enrolled in a credit bearing SUNY course that
requires supervised clinical experience at an affiliate clinic.

* Grant SUNY affiliated organizations, community college affiliated
organizations and community colleges access to Dormitory Authority
services.

* Allow SUNY health care system to enter into contracts outlining
joint ventures to deliver services and move such arrangements from
pre-audit to a post-audit. Require SUNY to produce an annual report
on all contracts over $250,000 entered into in the prior year.

* Specify that any contractual disputes that arise from joint ventures
be resolved by binding arbitration according to rules established by
a nationally recognized arbitration association.

The Senate rejects the Executive's proposal to:

* Require the SUNY Board of Trustees to establish a maximum percentage
of out-of-state residents allowed.

* Allow Medicaid recipients to receive services from SUNY optometric
clinics and require SUNY to produce an annual report on the program
because a bill providing for the provisions of this part has passed
the Senate and the Assembly.

* Prohibit community colleges from imposing a chargeback for programs
of study above the associate degree level.

* Allow SUNY to receive and disburse revenues from tuition, fees, user
charges and sales of products and services without state appropri-
ation.

* Allow SUNY Board of Trustees to provide for the lease, transfer or
conveyance of state owned property under SUNY's control upon
approval of the newly created SUNY Asset Maximization Review Board.

* Create the SUNY Asset Maximization Review Board.

The Senate modifies the Executive's proposal to:

* Allow SUNY to charge differential tuition rates by program and
campus by allowing differential tuition rates only for out-of-state
residents and for professional or graduate degree programs, but deny
the proposal for differential tuition by campus, provided however
that the State University of New York at Buffalo and the State
University of New York at Stony Brook may set differential tuition
rates for their campuses.

* Require SUNY Board of Trustees to promulgate guidelines by June 15,
2010 outlining the criteria that a graduate or professional program
must meet in order to qualify for differential tuition rates. Accept
the Executive's proposal in regard to the required criteria.

* Allow SUNY Board of Trustees to develop a rational tuition plan of
annual general tuition rate increases limited to one and a half
times the five year rolling average of the general Higher Education
Price Index ( HEPI) and reject the two and a half times HEPI rate
proposed by the Executive.

* Require an accounting mechanism for SUNY to provide need based aid
to cover the TAP gap between tuition increases and the maximum TAP
awards for those students receiving such awards.

* Allow SUNY to move from a pre-audit system to a post-audit system by
rejecting that proposal except as it relates to the procurement of
goods.

* Authorize SUNY to engage in Public Private Partnerships, by accept-
ing the provisions only in regard to the State University of New
York at Buffalo and the State University of New York at Stony Brook.

In addition, the Senate recommends a statutory change that would:

* Allow SUNY to receive all of their tuition revenue through state
appropriation and to retain such revenue.

STATE UNIVERSITY CONSTRUCTION FUND (SUCF)

The Senate accepts the Executive's funding recommendation that
would discontinue State appropriation of the Fund's operating budg-
et.

Article VII Proposals:

The Senate accepts the Executive's proposal to:

* Authorize SUNY Construction Fund to use any method to deliver a
project including but not limited to design build.

* Authorize SUNY Construction Fund to bid projects using multiple
delivery methods. Eliminate the requirement that all RFPs be posted
in Albany County newspapers. Increase the dollar threshold required
for the posting of performance bonds from $50,000 to $250,000.

* Remove SUNY Construction Fund from the State budget.

DIVISION OF HOUSING AND COMMUNITY RENEWAL

The Senate modifies the Executive's recommendation for the Division of
Housing and Community Renewal by increasing appropriations by $1.8
million for a total All Funds appropriation of $467.1 million, a 18.9
percent decrease from SFY 2009-10 levels. Modifications are as follows:

* The Senate rejects the Executive's recommendation to consolidate the
administration of the Division of Housing and Community Renewal and
the public benefit corporations that constitute New York Homes under
the umbrella of the Housing Finance Agency (HFA) and accepts the
sweep from HFA of $3.5 million that would normally be targeted to
the preservation, restoration and development of affordable housing.

* The Senate modifies the Executive's recommendation to reduce the
funding to the Neighborhood and Rural Preservation Companies
Programs to $12.02 million. Therefore, the Senate recommends a
restoration to the two programs in the amount of $632,000.

* The Senate modifies the Executive's recommendation to appropriate
$14.8 million to provide a rental subsidy to the Rural Rental
Assistance Program. Therefore, the Senate recommends a General Fund
increase of $1.2 million to $16 million, the sum needed to subsidize
the 375 additional units for which the 515 Federal Rural Development
subsidy has ended.

* The Senate modifies the Executive's recommendation to appropriate
$12.8 million in capital projects for public housing modernization.
Therefore, the Senate recommends a reduction of $6.4 million to $6.4
million, sums that would have been allocated to the pre-federalized
New York City Housing Authority.

* The Senate modifies the Executive's recommendation to appropriate
$8.22 million for the Housing Development Loan Fund. Therefore, the
Senate recommends an Aid to Localities decrease of $2.5 million, reflec-
tive of uncommitted funds.

The Senate accepts the Executive's recommendation to reduce the peri-
odic subsidies applied to the debt service payments for bonded public
housing by $839,000 to $11.6 million commensurate with the decrease in
debt service.

Article VII Proposals:

The Senate recommends adding new language to the Real Property Actions
and Proceedings Law requiring that in any foreclosure action involving a
multiple dwelling in New York City a receiver must be approved by the
housing code enforcement agency, that such agency shall have the right
to be added as a party in any such foreclosure action and that such
agency shall have the right to approve a purchaser of a multiple dwell-
ing sold pursuant to a judgment of foreclosure.

HEALTH AND MENTAL HYGIENE BUDGET

STATE OFFICE FOR THE AGING

The Senate modifies the Executive's All Funds recommendation of $239.5
million, a decrease of $7.8 million or 3.17 percent from SFY 2009-10
levels, as follows;

The Senate proposes to restore the following:

* Patient Rights Advocacy Hotline, $63,000;

* Congregate Services Initiative, $806,000;

* Supplemental Nutrition Assistance Program, $2,000,000;

* Community Services for the Elderly, $1,000,000; and

* Expanded In-home Services for the Elderly Program, $2,000,000.

The Senate proposes to reduce as follows:

* Cost of Living Adjustments for service providers of Expanded In-home
Services for Elderly Persons, Community Services for the Elderly,
and Supplemental Nutrition Assistance Program (SNAP), ($14,707,000);
and

The Senate proposes additional funding for the following:

* Health Insurance, Information, Counseling and Assistance Program,
$2,079,000; and

* North Flushing Senior Center (Congregate Meals Program), $225,000

* Supplemental Nutrition Assistance Program, $4,235,200

Article VII

The Senate rejects the Executive's proposal to eliminate the Congre-
gate Services Initiative program.

The Senate proposes Article VII legislation that would eliminate the
waiting lists for seniors eligible for the Supplemental Nutrition
Assistance Program.

DEVELOPMENTAL DISABILITIES PLANNING COUNCIL

The Senate accepts the Executive's All Funds recommendation $4.7
million, an increase of $200,000, or 4.3 percent from SFY 2009-10.

DEPARTMENT OF HEALTH

The Senate modifies the Executive's recommended All Funds appropri-
ation of $55.89 billion, a decrease of $640.8 million or 1.13% from SFY
2009-10 levels, as follows:

The Senate rejects the following:

Medicaid:

* Transportation Managers, $8,300,000.

* Potentially Preventable Readmissions, $15,000,000.

* Personal Care Cap for $20,000,000.

* The Medicaid Part D drug wrap, $4,300,000.

* The elimination of the financial exemption for Medicare Advantage
members enrolling in Medicare Part D Drug Program, $4,000,000.

* Pharmaceutical Companies Business Practice Reform, $300,000.

HCRA/Insurance:

* Roswell Park Research Institute's "Anti-Tobacco" initiative,
$13,600,000.
* School Based Health Centers, $510,000.

* Prior approval proposal for rate setting, $70,000,000.

Public Health:

* Early Intervention parental fees, $0.

* The modification of Early intervention speech standards, $2,800,000.

* Optional services under General Public Health Works (Article VI)
program, $6,700,000.

* Elderly Pharmaceutical Insurance Coverage (EPIC) program wrap of
Medicare Part D Drug program, $34,600,000.

The Senate proposes reductions as follows:

* Public Leaders of Tomorrow program, ($554,000).

* Medicaid Management Information System, ($9,500,000).

* Cost of Living Adjustments for Health Human Service Providers,
($28,939,000).

* Non-Personal Service Efficiencies, ($3,422,819).

* University at Albany Center for Workforce Studies, ($536,181).

* Uniform Assessment Tool, ($431,000).

* Office of Long Term Care - Contractual Services, ( $3,164,500).

* Education and outreach for seniors enrolled in the Medicare Part D
Drug Program, ($1,500,000).

Other Senate proposals:

The Senate proposes re-estimates of the Executive's proposed SFY
2010-11 Medicaid spending and projects lower spending in various catego-
ries of spending for the Medicaid program. The Senate re-estimate would
result in $302,000,000 in General Fund savings.

The Senate proposes $203,500,000 in one-time Medicaid savings as a
result of the Federal government authorizing lower State spending for
the Medicare Part D Drug program.

The Senate proposes to increase the Medicaid Fraud Audit target by an
additional $200 million.

The Senate restores funding to the Adelphi University Breast Cancer
Initiatives, $294, 000.

The Senate proposes $5 million in funding and restores community
service programs for various AIDS/HIV services and public health initi-
atives.

The Senate accepts the Executive's proposal to consolidate five poison
control centers into two locations but restores $500,000 which would be
distributed amongst the two poison control centers.

The Senate proposes to establish a Nursing Home Rebasing Disadvantaged
Pool to be distributed to those nursing homes that have been financially
disadvantaged by the implementation of the new Medicaid reimbursement
rates. The Senate includes $20 million in funding for this pool.

The Senate proposes $8 million in funding for Community Health Centers
Indigent Care Pool.

Article VII:

* Rejects the Executive's proposal to consolidate the QUIP and EnABLE
programs.

* Proposes legislation and requires commercial insurance companies to
cover evidence based practices and services for children diagnosed
with autism.

* Extends the implementation of the nursing home rebasing methodology
until June 30, 2011 and delays the implementation of nursing home
regional pricing methodology until July 1, 2011.

* Rejects the Executive proposal to create a Cardiac Services Informa-
tion Program using state records to facilitate cardiac research.

* Accepts the Executive proposal to improve enrollment simplification
procedures for the Medicaid and Child Health Plus programs.

* Accept the Executive proposal to establish penalty up to $5,000 for
failure of home care providers to file required forms.

* Accepts the Executive's proposal to shift rates setting authority
for Managed Long Term Care Services to the Commissioner of Health.

* Rejects the Executive's proposal to establish prior approval for
setting of insurance rates.

* Proposes language to separate worker's compensation, no-fault and
other insurance rates from the implementation of new Medicaid rates.
The effective dates of this separation would be effective December
1, 2009.

* Proposes language to ensure that providers of personal care services
adhere to all rule and regulations of the Department of Health when
prescribing services for clients.

OFFICE OF MEDICAID INSPECTOR GENERAL

Article VII Proposals:

The Senate proposes legislation to extend due process rights to
providers being audited by the Office of the Medicaid Inspector General,
with a particular focus on extrapolation methods and withholding of
Medicaid funds. In addition, the Senate would require the Medicaid
Inspector General to obtain and utilize available software to reduce
Medicaid spending errors.

DEPARTMENT OF MENTAL HYGIENE

OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES (OASAS)

The Senate modifies the Executive's All Funds recommendation of $720
million, an increase of $29 million or 4.3 percent from SFY 2009-10
levels, as follows:

The Senate proposes to restore the following:

* Gambling prevention program, $300,000;

The Senate proposes reductions as follows:

* 2009 Deficit Reduction Plan related increases ($12,000,000)

* Proposed inflationary adjustments, ($500,000)

Article VII:

The Senate:

* Accepts the Executive's proposal to transfer the alcohol and drug
rehabilitation program from the Department of Motor Vehicles to the
Office of Alcoholism and Substance Abuse Services

* Rejects the Executive's proposal to require hospitals that provide
detoxification services to be certified by OASAS.

Office of Mental Health (OMH)

The Senate modifies the Executive's All Funds recommendation of $3.6
billion, a decrease of $131 million or 3.5 percent from SFY 2009-10
levels, as follows:

The Senate proposes additional funding as follows:

* Psychiatric Disabilities Legal Advocacy Project, $300,000;

* Health Care Enhancement Regional Resource Center, $200,000

The Senate proposes reductions as follows:

* NY/NY III Bed development, ($1,000,000);

* COPS rate appeals, ($2,000,000);

* Miscellaneous adjustments, ($14,500,000);

* Personalized Services Recovery Oriented Services, ($4,500,000);

* Managed care demonstration, ($750,000);

Article VII:

* Rejects the Executive's proposal to allow facility directors to act
as representative payee for individual's federal benefits.

* Rejects the Executive's proposal to eliminate the requirement for
OMH to submit a report on unmet mental health needs.

* Rejects the Executive's proposal to permit the use of video-telecon-
ferencing of certain judicial proceedings for purposes of any civil
management court proceeding.

* Modifies the Executive's proposal to extend the community mental
health support and workforce reinvestment program, the membership of
subcommittees for mental health of community services boards.

* Rejects the Executive's proposal to recover exempt funds from commu-
nity residences and family based treatment providers.

* Accepts the Executive's proposal to increase substitute caretaker's
day for family care providers from 10 to 14 days.

* Accepts the Executive's proposal to defer the human services COLA
for one year.

* Accepts the Executive's proposal to update the disproportionate
share base payments to 2008.

* Accepts the Executive's proposal to transfer funds from the Office
of Mental Health to Department of Health for Medicaid managed care.

OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES

The Senate modifies the Executive's All Funds recommendation of $4.7
billion, an increase of $277 million or 6 percent from SFY 2009-10
levels, as follows:

The Senate proposes to restore the following:

* Day Habilitation program $10,000,000

* Individualized Residential Alternative $12,500,000

The Senate accepts the $7.5 million reduction to the Medicaid Service
Coordination (MSC) but proposes language to restructure the program.

The Senate proposes reductions as follows:

* NYS-CARES ($1,500,000)

* Day Service Opportunities ($2,500,000)

* 2009 Deficit Reduction Plan related increases ($6,500,000)

* Inflationary adjustments ($5,000,000)

* Institute for Basic Research ($1,000,000).

Article VII:

* Accepts the Executive's proposal to defer the human services COLA
for one year.

* Rejects the Executive's proposal to allow facility directors to act
as representative payee for individual's federal benefits.

COMMISSION ON QUALITY OF CARE AND ADVOCACY FOR PERSONS WITH DISABILITIES

The Senate accepts the Executive's All Funds recommendation $18.6
million, an increase of $1 million, or 6 percent from SFY 2009-10
levels.

DEVELOPMENTAL DISABILITIES PLANNING COUNCIL

The Senate accepts the Executive's All Funds recommendation $4.7
million, an increase of $200,000, or 4.3 percent from SFY 2009-10.

ADIRONDACK PARK AGENCY

The Senate accepts the Executive's All Funds recommendation of $6.3
million, an increase of $162,000 or 2.6 percent from SFY 2009-2010.

DEPARTMENT OF AGRICULTURE AND MARKETS

The Senate modifies the Executive's recommendation for the Department
of Agriculture and Markets by increasing local assistance appropriations
by approximately $5.8 million for a total All Funds appropriation of
$171.5 million, a 6.2 percent decrease from SFY 2009-10 levels.

The Senate increases by $5.6 million Aid-to-Localities appropriations
in the Department of Agriculture and Markets attributable to the follow-
ing local assistance restorations:

* Farm Viability Institute -- $3,000,000

* Wine and Grape Foundation -- $950,000

* Integrated Pest Management Program -- $800,000

* Local fairs -- $453,000

* Northern NY Agriculture Development Program -- $300,000

* Center for Dairy Excellence -- $200,000

* Maple Producers Program -- $141,000

* NYS Apple Growers Program -- $100,000

* Agriculture in the Classroom -- $112,000

* Agriculture Educators Program -- $96,000

* Tractor Roll-over Program -- $94,000

The Senate also rejects the Executive's proposal to reduce by approxi-
mately $5.7 million the reappropriations for the Farm Viability Insti-
tute from prior years.

The Senate proposes additional reductions to State Operations spending
of $894,000 to achieve savings in SFY 2010-11.

Article VII Proposals:

The Senate accepts the Executive's proposal which authorizes equine
drug testing to be conducted by a State college with an Equine Sciences
Program.

The Senate accepts the Executive's proposal to dissolve the Genesee
Valley Regional Market Authority.

The Senate modifies the Executive's proposal to eliminate the State's
role in dog licensing by requiring that counties continue to allocate a
portion of the license fee for animal population control.

BANKING DEPARTMENT

The Senate accepts the Executive's recommendation of $107.0 million, a
decrease of $166,000 or 0.15 percent from SFY 2009-10 enacted funding
levels.

ENERGY RESEARCH AND DEVELOPMENT AUTHORITY

The Senate accepts the Executive's All Funds recommendation of $35.5
million, an increase of $6.3 million or 21.7 percent from SFY 2009-10
levels.

Article VII Proposals:

The Senate accepts the Executive's proposal authorizing the comp-
troller to receive from NYSERDA for deposit to the General Fund a
payment of $913,000 to help offset the State's debt service related to
the on-going remediation at Western New York Nuclear Service Center
(West Valley).

The Senate accepts the Executive's proposal to authorize NYSERDA to
finance a portion of its research, development and demonstration, and
policy and planning programs from the Section 18-a assessments on gas
and electric corporations. This proposal would also allow the Department
of Environmental Conservation's climate change program to be funded from
such assessments.

DEPARTMENT OF ENVIRONMENTAL CONSERVATION

The Senate modifies the Executive's All Funds recommendation of $1.01
billion to $1.23 billion which is a increase of $219.5 million over the
Executive budget proposal. Overall, the change in funding would still
represent a decrease of approximately $330 million or 21.2 percent from
SFY 2009-10 funding levels.

The Senate rejects the Executive's proposal to increase the State
Operations appropriations of the Department of Environmental Conserva-
tion (DEC) by $2.95 million for the provision of additional oversight
and regulatory staff associated with the Marcellus Shale at DEC, the
Department of Public Service, and the Department of Health.

The Senate provides a new local assistance appropriation in the amount
of $396,280 to the Interstate Environmental Commission.

Environmental Protection Fund

The Senate restores the Environmental Protection Fund (EPF) appropri-
ations to $222 million, by providing for additional appropriations
totaling $79 million.

Article VII Proposals:

The Senate accepts the Executive's proposal to reduce fiscal and
administrative burdens on the Department of Environmental Conservation
regarding public notice requirements and annual report requirements, and
provide for mutual aid and assistance between other states in the forest
fire protection compact.

The Senate modifies the Executive's proposal to reduce the amount of
real estate transfer tax revenue deposited into the Environmental
Protection Fund by providing for a repayment schedule that would direct
General Fund reimbursements to the EPF beginning in 2013.

The Senate modifies the Executive's proposal relating to the waste
tire management and recycling fee by extending such fee until March 31,
2013, rather than permanently. The Senate further modifies the Execu-
tive's proposal by limiting the authorization for expanded uses of
revenues from the fund to only provide grants to certain eligible groups
for the purchase of New York State recycled tire products. The Senate
rejects the renaming of the Waste Management and Cleanup Fund.

The Senate recommends adding new Article VII legislation which would:

* Transfer $10 million from the Waste Tire Management and Recycling
Fund to the General Fund for the support of Department of Environ-
mental Conservation staff.

* Clarify the Department of Environmental Conservation's existing
authority to implement the Regional Greenhouse Gas Initiative
(RGGI).

ENVIRONMENTAL FACILITIES CORPORATION

The Senate accepts the Executive's All Funds recommendation of $13.4
million, a decrease of $721,000 or 5.4 percent from SFY 2009-2010.

HUDSON RIVER PARK TRUST

The Senate accepts the Executive's proposal to provide no new capital
appropriations for the Hudson River Park Trust.

INSURANCE DEPARTMENT

The Senate accepts the Executive's All Funds recommendation of $509.4
million, a $32.7 million or 6.0 percent decrease from SFY 2009-10
levels.

Article VII Proposals:

The Senate rejects the Executive's proposal to reinstitute prior
approval of small and individual market rates.

The Senate accepts the Executive's proposal to authorize superinten-
dent discretion in relation to Healthy NY enrollment.

JOB DEVELOPMENT CORPORATION

The Senate rejects the Executive's proposal to eliminate two economic
development agencies, the Urban Development Corporation (UDC) and the
Department of Economic Development (DED) and move the associated statu-
tory programs and supporting funding to the Job Development Authority,
which will be renamed the Job Development Corporation.

The Senate proposes streamlining and improving the delivery of econom-
ic development services by restructuring programs and functions within
the existing entity's, and eliminating or spinning- off functions not
critical to the entity's core mission such that each is lean, efficient,
and operates with distinct missions that are focused on their customer:
current businesses, people that may wish to start businesses, and those
that may wish to relocate businesses to the State of New York.

DEPARTMENT OF ECONOMIC DEVELOPMENT

The Senate makes the following recommendations with respect to the
Department of Economic Development's SFY 2010-11 Budget:

* Accepts the Executive's proposal to provide $25 million in funding
for the Small Business Revolving Loan Fund;

* Accepts the Executive's request for a total of $3.9 million in fund-
ing for minority and women owned business development and lending
programs; however moves the funding to the Department, which houses
the Minority and Women Business Division;

* Provides $500,000 in additional funding for the Entrepreneurial
Assistance Program;

* Provides $1 million in funding for the Metropolitan Development
Association's Grants for Growth program which supports entrepre-
neurs;

* Provides $1.5 million for the Business Outreach Centers (BOC);

* Modifies the Executive's funding for the International Trade Program
by a $1.5 million reduction of the increased request of from $2.7
million to a level of $1.2 million;

* Accepts the Executive's proposal to eliminate $1.2 million for
Pollution Prevention Program;

* Reject $2.2 million for contractual services spending from revenue
earned from licensing the State's iconic I LOVE NY brand. The Senate
proposes using these funds to restore funding to tourism programs;

* The Senate accepts the Executive's proposed total reduction of $3.5
million for tourism. The Senate recommends a line out of the fund-
ing for the I love NY, explore NY and the 5-A matching grant
programs.

* Accepts elimination of $392,000 in contractual funding for operation
of welcome centers at Beekmantown and Binghamton;

* Provides $15 million for the North Country Revolving Loan Fund;

* Provides $15 million for the Community Development Financial Insti-
tutions (CDFI) Revolving Loan Fund;

* Provides $15 million for Biofuels Incentive Loan Fund.

Article VII for the Department of Economic Development's SFY 2010-11
Budget:

The Senate modifies the Executive's proposed legislation creating a
$25 million Small Business Revolving Loan Fund to ensure that partic-
ipation by minority and women-owned business enterprises is maximized.

The Senate proposes legislation to establish the Biomass Incentive
Fund to fund costs associated with the conversion of fallow or underuti-
lized agricultural land to production of crops suitable for bio-energy
production.

The Senate proposes legislation creating a Community Development
Financial Institutions (CDFI) Revolving Loan Fund. CDFIs currently have
significant opportunity to leverage federal matching funds.

The Senate proposes legislation creating a North Country Revolving
Loan Fund.

URBAN DEVELOPMENT CORPORATION D.B.A EMPIRE STATE DEVELOPMENT

The Senate makes the following recommendations with respect to the
Urban Development Corporation's SFY 2010-11 Budget:

* Accepts the Executive's proposal to provide $31.2 million for the
Empire State Economic Development Fund, of which $25 million is
capital funds;

* Accepts the Executive's proposal to continue $4.9 million in funding
for contractual obligations to the University of Buffalo's Krabbe
Disease Research Center, Albany Institute for nano-electronics INDEX
Center and retention of professional football in Western New York;

* Accepts the Executive's proposal to provide $3.4 million for the
Urban and Community Development Program (UCDP);

* Accepts the Executive's proposed elimination of $2.5 million in
funding to support operating costs;

* Proposes $50 milion in capital funding for Restore NY II.

Article VII for the Urban Development Corporation's SFY 2010-11 Budget:

The Senate modifies the Executive's proposed legislation establishing
a new $25 million New Technology Seed Fund to provide for regional
distribution.

The Senate modifies the proposal to make the Urban Development Corpo-
rations' power to grant loans permanent by providing a one year exten-
sion.

The Senate modifies the Executive's proposed legislation authorizing
spending of up to $46.4 million in funds received from Port Authority of
New Jersey and New York (PANYNJ).

The Senate rejects the Executive's proposed consolidation legislation
that eliminates both the Urban Development Corporation (d/b/a Empire
State Development Corporation) and Department of Economic Development
and adds the statutory authority of both entities to the powers of a
third entity, the Job Development Authority, a public benefit corpo-
ration, renamed the New York State Job Development Corporation (JDC).

The Senate proposes capital funding for a RestoreNY II program to
build on the roots of a recognized and successful program. The new
program will focus on smaller community projects that can lead to imme-
diate job creation and skill-building opportunities in local economies
through construction, rehabilitation, demolition.

DIVISION OF LOTTERY

The Senate accepts the Executive's All Funds recommendation of $95.3
million, a decrease of $22.2 million or 18.9 percent from SFY 2009-10
levels.

Article VII Proposals:

The Senate accepts the Executive's proposal to extend the hours of
video lottery terminals (VLT) operation.

The Senate accepts the Executive's proposal to eliminate various
restrictions on Quick Draw.

The Senate proposes to establish electronic table games at current VLT
locations.

METROPOLITAN TRANSPORTATION AUTHORITY

The Senate accepts the Executive's recommendation to provide no new
capital appropriations for the Metropolitan Transportation Authority
(MTA). The only capital funding made available to the MTA in SFY 2010-11
would be authorized through re-appropriation of spending authority from
previous State fiscal years.

Article VII Proposals:

The Senate accepts the Executive's proposal to eliminate the ability
of MTA employees to receive double the amount of workers' compensation
benefits when injuries occur on property leased from the City of New
York.

The Senate accepts the proposal to authorize the MTA to extend owner-
controlled insurance to all capital projects undertaken by the Authori-
ty.

The Senate modifies the Executive's proposal to authorize the MTA to
establish a pilot program to test the use of electronic bidding by
limiting the scope of the pilot program.

The Senate modifies the Executive's proposal to authorize the City of
New York and the MTA to install bus lane cameras to improve traffic
enforcement of bus lanes by providing that such cameras may only be used
on the network of bus lanes existing as of April 1, 2010.

The Senate rejects the Executive's proposal to eliminate the ability
of individuals to bring a suit against the MTA when injuries result from
reckless or deliberate conduct.

DEPARTMENT OF MOTOR VEHICLES

The Senate accepts the Executive's recommended All Funds appropriation
of $355.9 million, a 1.0 percent reduction from SFY 2009-10 enacted
levels.

Article VII Proposals:

The Senate accepts the Executive's proposal to allow the Department of
Motor Vehicles (DMV) to take advantage of bulk mailing rates for notices
of suspension and revocation by utilizing the addresses on file with the
United States Postal Service.

The Senate rejects the Executive's proposal to increase the law
enforcement motor vehicle accident report threshold from $1,000 to
$3,000, as well as eliminate the requirement that motorists also file
accident reports, by rejecting the proposed increase to the reporting
threshold.

OLYMPIC REGIONAL DEVELOPMENT AUTHORITY

The Senate eliminates the Executive's All Funds recommendation of $6.6
million for the Olympic Regional Development Authority.

OFFICE OF PARKS, RECREATION, AND HISTORIC PRESERVATION

The Senate modifies the Executive's All Funds recommendation of $271.2
million to $303.2 million which is an increase of $32 million over the
Executive's proposal, but an overall decrease of $28.4 million or 8.6
percent from SFY 2009-10 enacted levels of funding.

The additional increase of $32 million over the Executive's proposal
is attributed to the following actions:

* The Senate rejects the Executive's proposal to close 57 State parks
and historic sites and reduce service at another 22 parks and
historic sites by providing additional appropriations totaling $6
million for Parks operations.

* The Senate rejects the Executive's proposal to transfer $5 million
in Parks operating costs to the Environmental Protection Fund by
providing an additional $5 million in appropriations for Parks oper-
ations.

* The Senate rejects the Executive's proposal to transfer $15 million
in capital funding for Parks infrastructure to the Environmental
Protection Fund by providing for additional bonded capital to be
appropriated from the State Parks Infrastructure Fund.

* The Senate provides an additional appropriation of $1 million to
institute the New York State Conservation Corps, established in the
Office of Parks, Recreation and Historic Preservation in 1983.

* The Senate provides an additional local assistance appropriation of
$5 million for the payment of State taxes on forest preserve lands
to reflect the Senate's rejection of the Executive's proposal to use
monies from the Environmental Protection Fund to pay for these
expenses.

Article VII Proposals:

The Senate accepts the Executive's proposal to reduce the authorized
reimbursement rate paid to governmental entities that voluntarily
enforce the provisions of the Navigation Law.

The Senate rejects the Executive's proposal to expand the authorized
use of funds in the Snowmobile Trail Development and Maintenance Fund.

DEPARTMENT OF PUBLIC SERVICE

The Senate accepts the Executive's All Funds recommendation of $76.4
million, a decrease of $4.7 million or 5.8 percent from SFY 2009-10
levels.

STATE RACING AND WAGERING BOARD

The Senate accepts the Executive's All Funds recommendation of $22.5
million, a decrease of $2.7 million or 10.8 percent.

Article VII Proposal:

The Senate accepts the Executive's proposal to make technical
corrections to the distribution formula associated with the Niagara
Falls Casino.

GOVERNOR'S OFFICE OF REGULATORY REFORM

The Senate accepts the Executive's recommendation of $2.35 million, a
decrease of $722,521 or 23.5 percent from SFY 2009-10 levels

FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION

The Senate modifies the Executive's recommendation as follows:

* Eliminates $751,000 in funding for the Faculty Development Program
and $870,000 for the Technology Transfer Incentive Program;

* Eliminates $100 million in funding for the Executive's Innovation
Economy Matching Grants Program;

* Provides $1 million in funding for the New York Incubator Network;

* Provides $4.2 million funding for the Training-On-the-Go initiative
of which $3 million is for capital;

* Provides $800,000 in additional funding for NYSTAR's ten Regional
Technology Development Centers (RTDCs);

Therefore, the Senate recommends All Funds appropriations of $46.6
million for NYSTAR, a increase of $3.3 million from SFY 2009-10
levels.

Article VII Proposals:

The Senate proposes legislation establishing the New York Incuba-
tor Network that will provide operating funds to a Statewide network
of ten university affiliated incubators designated by NYSTAR for a
five year term using a competitive selection process.

The Senate proposes legislation creating the Training-On-the-Go
initiative for portable training facilities that can be shared
between institutions. NYSTAR will provide competitively awarded
grants to educational or qualified not-for-profit institutions for
design, development, outfit of portable laboratory and/or training
facilities that complement certificate, degree or other recognized
credentialing programs leading to employment in high value and tech-
nology or advanced manufacturing, green energy or other high demand
occupations.

DEPARTMENT OF STATE

The Senate accepts the Executive's All Funds recommendation of
$183 million, a decrease of $18.4 million or 9.1 percent from SFY
2009-10 levels, with the following modifications:

The Senate proposes to reduce by $1 million the non-personal
service appropriations for the Business and Licensing Program.

The Senate restores $4.4 million in funding for civil or criminal
legal services.

The Senate rejects the Executive's proposal to house the new
Office of Indigent Defense in the Division of Criminal Justice
Services and subsequently transfers all appropriations totaling $80
million associated with the new Office of Indigent Defense and fund-
ing under the Indigent Legal Services Fund to the Department of
State.

The Senate accepts the transfer of some of the functions of the
Office of Fire Prevention and Control into the newly created Divi-
sion of Homeland Security and Emergency Services.

Article VII Proposals:

The Senate modifies the Executive's budget proposal to authorize
the Department of State to regulate the conduct of professional
mixed martial arts by providing for stricter controls and regu-
lations of the sport.

The Senate accepts the Executive's proposal to extend for one year
the funding distribution formula for the Community Services Block
Grant.

The Senate accepts the Executive's proposal to extend for one year
the Secretary of State's authority to charge increased fees for
expediting the handling of documents.

The Senate accepts the Executive's proposal to streamline the
classification of Not-For-Profit Corporations.

DEPARTMENT OF TAXATION AND FINANCE

The Senate modifies the Executive's All Funds recommendation of
$540.3 million, an increase of $7.125 million or 1.3 percent from
SFY 2009-10 levels, as follows:

* The Senate reduces personal service funding for the Audit,
Collection, and Enforcement program by $8.9 million.

Article VII proposals:

* The Senate accepts the Executive's recommendation to authorize elec-
tronic reporting of property assessment information and e-filing of
real property transfer forms.

* The Senate accepts the Executive's recommendation to restructure
State Aid for Local Governments to assess real property at full
value.

* The Senate modifies the Executive's recommendation to merge the
Office of Real Property Tax Services with the Department of Taxation
and Finance to retain the State Board of Real Property Services.

DIVISION OF TAX APPEALS

The Senate accepts the Executive's All Funds recommendation of $2.9
million, a decrease of $440,000 or 13.1 percent from SFY 2009-10 levels.

THRUWAY AUTHORITY

The Senate accepts the Executive's proposal to maintain capital fund-
ing for the Canal Development Program at $2 million, representing no
change from SFY 2009-10 levels.

DEPARTMENT OF TRANSPORTATION

The Senate modifies the Executive's recommendation for the Department
of Transportation (DOT) by increasing appropriations by $1.6 billion for
a total All Funds appropriation of $10.3 billion, a 15.6 percent
decrease from SFY 2009-10 levels. Modifications are as follows:

* The Senate increases overall appropriations for transit operating
assistance by $61.5 million to reflect the following:

* An addition of $20.5 million to reflect a full restoration of
transit operating assistance to SFY 2009-10 levels, and

* An addition of $41 million for the MTA Reduced Fare for School
Children line appropriation to reflect the State's share of the
State and Local contribution toward that program.

* The Senate proposes to increase the DOT capital program for SFY
2010-11 by an additional $1.5 billion to reflect the position that
the new two-year DOT Capital Program should be increased by approxi-
mately $3 billion over two years - to a total of $10 billion - to

make such plan commensurate with the original proposal submitted by
DOT in October of 2009 that reflected the actual level of capital
infrastructure need that must be addressed by the State.

The Senate also rejects the Executive's proposal to reduce Multi-Modal
Program reappropriations by $101 million in SFY 2010-11, a 50 percent
reduction to the current remaining balance of the allocations for the
Executive and Legislature.

The Senate recommends continued support of high speed passenger rail,
and the use of existing State reappropriations to fund the expenses of a
Legislative Commission to examine and study the feasibility of high
speed rail in New York State and make a recommendation regarding the
best instrument for the governance and operation of a high speed rail
network in the State.

Article VII Proposals:

The Senate accepts the following Executive proposals:

* The Senate accepts the Executive's proposal to authorize funding for
the Marchiselli Program at the level of $39.7 million. The Senate
also accepts the Executive's proposal to authorize funding for the
Consolidated Local Highway Improvement Program at $363.1 million.
Both programs would be maintained at the SFY 2009-10 authorization
levels.

* The Senate accepts the proposal to consolidate DOT's Accident Damage
Account into the Dedicated Highway and Bridge Trust Fund.

The Senate accepts the Executive's proposal to eliminate the ability of
an industrial development authority to grant an exemption on the
additional portion of the mortgage recording tax to raise additional
funding for transit systems.

* The Senate accepts the proposal to extend for one year the
provisions of the DOT Single Audit Program.

* The Senate also accepts the Executive's proposal to transfer $763.1
million from the General Fund to the Dedicated Highway and Bridge
Trust Fund to fill the projected cash shortfall in the Dedicated
Highway and Bridge Trust Fund in SFY 2010-11.

The Senate modifies the following Executive proposal:

* The Senate modifies the Executive's proposal to establish a waiver
process allowing transit systems to temporarily defer compliance
with diesel retrofit requirements by eliminating the waiver process
and providing for a two to three year extension.

The Senate recommends that the following new Article VII proposals be
included in the SFY 2010-11 Budget:

* The Senate proposes to restrict the Department of Transportation from
obligating any new capital projects (not presently lined out in the
2005-2010 DOT Capital Program project book) from SFY 2010-11 capital
appropriations until the proposed project book for the new two-year
capital program has been provided to the Executive and Legislature

for review and a memorandum of understanding outlining the details
of the new two-year capital program has been signed.

The Senate further proposes the establishment of a commission to examine
alternative revenue sources for the financing for both DOT and MTA
capital infrastructure to reflect the Senate's position that the new
capital programs of both DOT and MTA should be multi-year programs
that adequately address the transportation capital infrastructure
needs of New York State.

GREEN THUMB PROGRAM

The Senate accepts with the Executive's All Funds recommendation of
$2.8 million, a decrease of $49,000 or 1.7 percent from SFY 2009-2010.

HUDSON RIVER VALLEY GREENWAY HERITAGE CONSERVANCY

The Senate accepts with the Executive's All Funds recommendation of
$184,000, which represents the same level of funding as that provided in
SFY 2009-2010.

HUDSON RIVER VALLEY GREENWAY COMMUNITIES COUNCIL

The Senate accepts with the Executive's All Funds recommendation of
$339,000, a decrease of $119,000 or 25.9 percent from SFY 2009-2010.

TRIBAL STATE COMPACT

The Senate accepts the Executive's All Funds recommendation of $39.1
million, a decrease of $8.5 million or 17.9 percent.

NEW YORK POWER AUTHORITY

The Senate accepts the Executive's proposal to transfer $65 million
from the New York Power Authority to the General Fund; $40 million would
be transferred in June of 2010 and the remaining $25 million would be
swept in January of 2011.

REVENUE BILL ARTICLE VII

The Senate rejects the Executive's proposal to impose a severance tax
on the extraction of natural gas from the Marcellus and Utica Shale
formations.

The Senate rejects the Executive's proposal to increase the Excise Tax
on cigarettes.

The Senate rejects the Executive's proposal to impose an excise tax on
syrups, simple syrups, bottled soft drinks, or powders or base
productions.

The Senate accepts the Executive's proposal to equalize the tax treat-
ment of corporations and unincorporated businesses with respect to the
calculation of the maximum allowable Biofuel and QETC Tax credits.

The Senate accepts the Executive's proposal to subject income received
by nonresidents as a result of termination agreements or non-competition
agreements to the Personal Income Tax.

The Senate accepts the Executive's proposal to clarify that gains from
the sale of property located in New York that are received by nonresi-
dent shareholders of S corporations are considered New York source
income under the Personal Income Tax.

The Senate rejects the Executive's proposal to amend the tax treatment
of resident nontestamentary trusts.

The Senate accepts the Executive's proposal to require certain finan-
cial institutions to file informational returns.

The Senate accepts the Executive's proposal to authorize the use of
statistical sampling for sales tax purposes.

The Senate accepts the Executive's proposal to improve the adminis-
tration of the Department of Taxation and Finance Electronic Filing
Program.

The Senate rejects the Executive's proposal to replace the use of
certified and registered mail as a means of providing tax bill and
notices.

The Senate accepts the Executive's proposal to Reform the Offer In
Compromise program of the Department of Taxation and Finance.

The Senate accepts the Executive's proposal to require the Department
of Taxation and Finance to provide recommendations to reform State and
local taxes on telecommunications services.

The Senate accepts the Executive's proposal to eliminate the sunset of
Quick Draw and to eliminate certain restrictions on the game.

The Senate accepts the Executive's proposal to extend the hours of
operations of video lottery terminals and to repeal the sunset date of
the VLT program.

The Senate rejects the Executive's recommendation to expand the base
of the mortgage recording tax to include sales of cooperatives.

The Senate rejects the Executive's proposal to provide a school prop-
erty tax circuit breaker credit and fund such credit with a budget
surplus.

The Senate accepts the Executive's proposal to clarify the tax treat-
ment of same sex marriages.

The Senate accepts the Executive's proposal to amend the definition of
affiliate nexus to exclude those companies whose only affiliation with
the seller is as a parent company.

The Senate rejects the Executive's proposal to allow the sale of wine
in grocery and drug stores.

The Senate accepts the Executive's proposal to increase the annual
aggregate allocation of the Low-Income Housing Credit by $4 million.

The Senate accepts the Executive's proposal to extend the Film
Production Tax Credit Program.

The Senate modifies the Executive's proposal to establish the Excels-
ior Jobs Program.

The Senate accepts the Executive's proposal to make technical
corrections to the Empire Zones reforms of 2009.

The Senate accepts the Executive's proposal to extend the bank tax
reforms of 1985 and 1987, and the Gramm-Leach-Bliley transitional
provisions.

The Senate accepts the Executive's proposal to make technical
corrections to the tax enforcement provisions enacted in SFY 2009-10.

The Senate accepts the Executive's proposal to extend the lower Pari-
mutuel Tax rates and simulcasting rules for one year.

The Senate accepts the Executive's proposal to retain the unified
credit under the Estate Tax at $1 million.

The Senate accepts the Executive's proposal to make technical
corrections to the Brownfields Program.

The Senate accepts with the Executive's proposal to make technical
corrections to the MTA Taxicab Ride Tax.

The Senate modifies the Executive's proposal to amend the rates of the
MTA Mobility Tax by rejecting the Executive's increase to New York City
businesses and instead proposing to authorize a business tax credit for
a portion of the MTA mobility tax which would be graduated based upon
usage of the MTA's system by county.

The Senate proposes the creation of an Empire State Film Post
Production Credit.

The Senate proposes to exempt liveries from the sales tax on transpor-
tation services.

The Senate proposes to improve the mechanism by which the state recov-
ers illegally obtained funds and property.

The Senate proposes the restructuring of the tobacco settlement
payment bonds.

The Senate proposes to impose the excise tax on little cigars at the
same rate as cigarettes.

The Senate proposes the legalization of medical marijuana.

The Senate proposes the imposition of the sales tax on hotel rooms
booked over the Internet.

The Senate proposes to strengthen the publication requirements regard-
ing the formation of Limited Liability Companies (LLC's).

The Senate rejects all Medicaid Provider Assessments proposed by the
Executive totaling $216 million.

The Senate proposes that wholesale dealers shall sell only tax stamped
cigarettes to all purchasers, including qualified reservation sellers,
but that the tax shall not be collected on any purchase for which the
purchaser presents a valid Indian tax exemption coupon.

The Senate proposes that the State participate in the Workers' Compen-
sation Board's plan, pursuant to the Workers' Compensation Reform legis-
lation of 2007, to purchase the rights of insurers to further reimburse-
ment for compensation claims from the Second Injury Fund.

The Senate proposes to establish electronic table games at current VLT
locations.

LOCAL GOVERNMENT ASSISTANCE

The Senate partially restores $150 million to New York City under the
Aid and Incentives for Municipalities (AIM) Program over the Executive's
recommendation, which is to eliminate the total AIM funding to New York
City of $301.7 million.

The Senate partially restores $3.57 million to municipalities
(Buffalo, $1.7 million; Yonkers, $1.1 million; Syracuse, $751,000)
outside of New York City under the Aid and Incentives for Municipalities
(AIM) Program over the Executive's recommendation, which is to reduce
AIM funding to municipalities outside New York City by $15.1 million
from SFY 2009-10 levels.

The Senate accepts the Executive's recommendation to eliminate approx-
imately $668,000 to Erie County under the Aid and Incentives for Munici-
palities (AIM) Program.

The Senate accepts the Executive's recommendation to reduce funding
for the Local Government Efficiency Grant Program by $3.4 million from
SFY 2009-10 levels.

The Senate accepts the Executive's recommendation to reduce State aid
provided to municipalities in which a video lottery gaming facility is
located (except for the City of Yonkers, which is held harmless) by
approximately $690,000 from SFY 2009-10 levels.

The Senate proposes to add a miscellaneous payment of $6.1 million to
the City of Yonkers.

The Senate proposes to add a miscellaneous payment to the City of
Mount Vernon totalling $338,000.

Article VII Proposals:

The Senate modifies the Executive's recommendation to eliminate fund-
ing to New York City under the Aid and Incentives for Municipalities
(AIM) Program by restoring $150 million to New York City.

The Senate modifies the Executive's recommendation to reduce funding
to municipalities outside of New York City by either 2 percent or 5
percent depending on a municipalities AIM reliance under the Aid and
Incentives for Municipalities (AIM) Program. The Senate reduces a
municipality's AIM funding by 1 percent if its AIM reliance is at least
25 percent. The Senate accepts the Executive's recommendation that if a

municipality's AIM reliance is less than 10 percent then it should
receive a AIM reduction of 5 percent. The Senate modifies the Executive
proposal by reducing AIM funding by 2 per cent to a municipality if its
AIM reliance is at least 10 percent but less than 25 percent.

The Senate accepts the Executive's recommendation to reduce State aid
provided to municipalities in which a video lottery gaming facility is
located (except for the City of Yonkers, which is held harmless) by 10
percent from SFY 2009-10 levels.

The Senate modifies the Executive's recommendation to place a four-
year moratorium on new significant unfunded legislative mandates on
local governments and school districts by making the moratorium perma-
nent.

The Senate accepts the Executive's recommendation to provide local
governments with additional flexibility to restructure and share
services.

The Senate modifies Part FF of the PPGG Article VII of the Executive's
recommendation to increase procurement flexibility for local governments
and the State as follows: The Senate rejects providing local governments
with the option of advertising for bids in the Contract Reporter in
addition to their official newspaper. The Senate maintains the current
law to require local governments to advertise bids in their official
newspaper. The Senate accepts the Executive's following proposals:
increase the competitive bidding thresholds for public works contracts
from $35,000 to $50,000 and commodities contracts from $10,000 to
$20,000, while clarifying the existing rule against artificially divid-
ing a contract to avoid the competitive bidding requirements; allow
local governments to require that bids be submitted in an electronic
format; provide for submitting the statement of non-collusion electron-
ically; allow local governments to hold reverse auctions; allow local
governments to award contracts based on "best value"; allow local
governments to "piggyback" on certain federal GSA contracts as well as
the contracts let by other states and local governments; and to increase
from $50,000 to $100,000 the threshold under which short form
construction contracts (using abbreviated advertising and not requiring
a performance bond) may be issued.

The Senate modifies Part GG of the PPGG Article VII of the Executive's
recommendation to provide additional oversight and accountability for
commissioner-run special districts. The Senate rejects the Executive's
recommendation to prohibit special district commissioners ("district
commissioners") from receiving compensation for their services. The
Senate modifies the Executive's proposal to transfer to town boards most
of management responsibilities for town special districts providing
sanitary, refuse, or garbage services by having this provision only
apply to towns with a population over 500,000. The Senate accepts the
Executive's recommendation to re-establish a process for a town board or
citizens to abolish the offices of town improvement district commission-
ers.

The Senate modifies Part HH of PPGG Article VII the Executive's recom-
mendation to provide local governments with additional revenue options
as follows: The Senate accepts the Executive's recommendation to permit
local governments to make deposits in credit unions, savings banks, and
savings and loan associations. The Senate rejects the following Execu-

tive revenue option proposals to permit local governments to: charge
fees for accident reports at rates not to exceed those authorized by the
State Police; charge fees for ambulance services provided by their fire
departments outside of New York City; charge for the provision of addi-
tional police protection to paid-admission events; and, to increase the
maximum rate at which cities and villages are authorized to impose local
gross receipts taxes on utilities from one percent to three percent.

The Senate proposes to add language to spin-up $15 million in Aid and
Incentives for Municipalities (AIM) funding for the City of Yonkers.

The Senate proposes to add new language to clarify that the wage
freeze is not authority assistance for determining the end of a control
period and the beginning of an advisory period by the Buffalo Fiscal
Stability Authority.

The Senate modifies the Executive's recommendation to reduce reappro-
priations for Efficiency Incentive Grants (EIG) to the City of Buffalo
and Erie County. The Senate restores $4.6 million in reappropriations
($1.6 million restoration on a cash basis for SFY 2010-11) for EIG to
the City of Buffalo. The Senate accepts the Executive's proposal to
reduce reappropriations by $7.4 million ($2.5 million reduction on a
cash basis for SFY 2010-11) for EIG to Erie County.

The Senate proposes to add language clarifying and reaffirming the
intent of existing law regarding reimbursement of the Brooklyn Navy Yard
Cogeneration Partners Plant by Con Edison.

School Property Tax Relief (STAR) Program

The Senate proposes to add $291 million to restore the Middle Class
School Property Tax Relief (STAR) Rebate check program for senior citi-
zens using the SFY 2008-09 eligibility formula.

Article VII Proposals:

The Senate proposes to add language to restore the Middle Class School
Property Tax Relief (STAR) Rebate check program for senior citizens
using the SFY 2008-09 eligibility formula.

The Senate rejects the Executive's recommendation to eliminate the
STAR exemption benefit for properties having an equalized value of $1.5
million or more.

The Senate rejects the Executive's recommendation to lower the STAR
"floor" from 89% to 82%.

The Senate rejects the Executive's recommendation to restructure the
New York City STAR Personal Income Tax Credit by limiting the tax
reduction benefit to the first $250,000 of income.