S. 23 2 A. 23
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of this act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding section of the
Part in which it is found. Section three of this act sets forth the
general effective date of this act.
PART A
Section 1. Item (ii) of subparagraph (D) of paragraph 5 of subsection
(l) of section 3221 of the insurance law, as amended by chapter 502 of
the laws of 2007, is amended to read as follows:
(ii) The superintendent shall develop and implement a methodology to
[fully] cover the cost to any such group purchaser for providing the
coverage required in subparagraph (A) of this paragraph. Such methodol-
ogy shall be financed from [funds] MONEYS APPROPRIATED from the General
Fund that shall be made available to the superintendent for such
[purpose] PURPOSES, TO THE EXTENT OF FUNDS AVAILABLE.
S 2. Subparagraph (B) of paragraph 4 of subsection (g) of section 4303
of the insurance law, as amended by chapter 502 of the laws of 2007, is
amended to read as follows:
(B) The superintendent shall develop and implement a methodology to
[fully] cover the cost to any such group contract holder for providing
the coverage required in paragraph one of this subsection. Such method-
ology shall be financed from moneys APPROPRIATED from the General Fund
that shall be made available to the superintendent for such [purpose]
PURPOSES, TO THE EXTENT OF FUNDS AVAILABLE.
S 3. Subparagraph (B) of paragraph 4 of subsection (h) of section 4303
of the insurance law, as amended by chapter 502 of the laws of 2007, is
amended to read as follows:
(B) The superintendent shall develop and implement a methodology to
[fully] cover the cost to any such group remittance group and group
contract holder for providing the coverage required in paragraph one of
this subsection. Such methodology shall be financed from moneys APPRO-
PRIATED from the General Fund that shall be made available to the super-
intendent for such [purpose] PURPOSES, TO THE EXTENT OF FUNDS AVAILABLE.
S 4. This act shall take effect immediately.
PART B
Section 1. Subdivision 2 of section 1975 of the public authorities
law, as added by section 1 of part AA of chapter 59 of the laws of 2009,
is amended to read as follows:
2. Notwithstanding any provision of law to the contrary, the authority
is hereby authorized to contribute [twenty] TWO HUNDRED million dollars
to the state treasury to the credit of the general fund.
S 2. This act shall take effect immediately.
PART C
Section 1. 1. Notwithstanding any provision of law or regulation to
the contrary, the commissioner of education, in consultation with the
state board for nursing and the state board of pharmacy, shall promul-
gate guidelines which allow for the prefill of up to a fifteen day
supply of medication prescribed by a physician or other authorized prac-
S. 23 3 A. 23
titioner and provided to an individual by a registered professional
nurse for individuals receiving home care services ordered by an author-
ized practitioner and provided under the supervision of a registered
professional nurse. Such guidelines shall be promulgated within 30 days
of the effective date of this section.
2. The commissioner of education, in consultation with such state
boards, shall examine the experiences pursuant to the guidelines estab-
lished pursuant to this section and, on or before April 1, 2011, recom-
mend to the governor and the legislature any changes as may be necessary
to this section.
S 2. 1. Notwithstanding paragraph (c) of subdivision 10 of section
2807-c of the public health law, subdivision 2-b of section 2808 of the
public health law, section 21 of chapter 1 of the laws of 1999, and any
other contrary provision of law, in determining rates of payments by
state governmental agencies effective for services provided for the
period January 1, 2010 through March 31, 2010, for inpatient and outpa-
tient services provided by general hospitals, for inpatient services and
adult day health care outpatient services provided by residential health
care facilities pursuant to article 28 of the public health law, except
for residential health care facilities that provide extensive nursing,
medical, psychological and counseling support services to children, for
home health care services provided pursuant to article 36 of the public
health law by certified home health agencies, long term home health care
programs and AIDS home care programs, and for personal care services
provided pursuant to section 365-a of the social services law, the
commissioner of health shall apply zero trend factor projections attrib-
utable to the 2010 calendar year in accordance with paragraph (c) of
subdivision 10 of section 2807-c of the public health law, provided,
however, that such zero trend factor projections for such 2010 calendar
year shall also be applied to rates of payment for personal care
services provided in those local social service districts, including New
York city, whose rates of payment for such services are established by
such local social service districts pursuant to a rate-setting exemption
issued by the commissioner of health to such local social service
districts in accordance with applicable regulations, and provided
further, however, that for rates of payment for assisted living program
services provided for the period January 1, 2010 through March 31, 2010,
trend factor projections attributable to the 2010 calendar year shall be
established at zero percent.
2. The commissioner of health shall adjust rates of payment to reflect
the exclusion pursuant to this section of such specified trend factor
projections or adjustments.
S 3. Notwithstanding section 179-f of the state finance law, section
2818 of the public health law, or any other contrary provision of law,
upon a determination by the commissioner of health and the director of
the budget that state fiscal constraints require a delay in payments
made pursuant to contracts entered into pursuant to section 2818 of the
public health law, the commissioner of health shall be authorized, with
the approval of the state budget director, to delay such payments which
are due prior to April 1, 2010, until the later of April 1, 2010 or the
enactment of a budget for the 2010-2011 state fiscal year, and such
delay shall not result in the payment of interest by the state pursuant
to section 179-f of the state finance law or pursuant to any other
otherwise applicable law. Such contracts shall otherwise remain in full
force and effect.
S. 23 4 A. 23
S 4. Notwithstanding any inconsistent provision of law, rule or regu-
lation, for purposes of implementing the provisions of the public health
law and the social services law, references to titles XIX and XXI of the
federal social security act in the public health law and the social
services law shall be deemed to include and also to mean any successor
titles thereto under the federal social security act.
S 5. Notwithstanding any inconsistent provision of law, rule or regu-
lation, the effectiveness of the provisions of sections 2807 and 3614 of
the public health law, section 18 of chapter 2 of the laws of 1988, and
18 NYCRR 505.14(h), as they relate to time frames for notice, approval
or certification of rates of payment, are hereby suspended and without
force or effect for purposes of implementing the provisions of this act.
S 6. This act shall take effect immediately, provided however that:
1. any rules or regulations necessary to implement the provisions of
this act may be promulgated and any procedures, forms, or instructions
necessary for such implementation may be adopted and issued on or after
the date this act shall have become a law;
2. this act shall not be construed to alter, change, affect, impair or
defeat any rights, obligations, duties or interests accrued, incurred or
conferred prior to the effective date of this act;
3. the commissioner of health and the superintendent of insurance and
any appropriate council may take any steps necessary to implement this
act prior to its effective date;
4. notwithstanding any inconsistent provision of the state administra-
tive procedure act or any other provision of law, rule or regulation,
the commissioner of health and the superintendent of insurance and any
appropriate council is authorized to adopt or amend or promulgate on an
emergency basis any regulation he or she or such council determines
necessary to implement any provision of this act on its effective date;
5. the provisions of this act shall become effective notwithstanding
the failure of the commissioner of health or the superintendent of
insurance or any council to adopt or amend or promulgate regulations
implementing this act.
PART D
Section 1. Subdivision 10 of section 54 of the state finance law, is
amended by adding a new paragraph e-1 to read as follows:
E-1. DEFICIT REDUCTION ADJUSTMENT. NOTWITHSTANDING PARAGRAPH B OF THIS
SUBDIVISION, IN THE STATE FISCAL YEAR COMMENCING APRIL FIRST, TWO THOU-
SAND NINE THE BASE LEVEL GRANT TO EACH CITY WITH A POPULATION OF LESS
THAN ONE MILLION WHOSE FISCAL YEAR DOES NOT BEGIN ON JANUARY FIRST SHALL
EQUAL SUCH CITY'S PRIOR YEAR AID MINUS A DEFICIT REDUCTION ADJUSTMENT
CALCULATED IN ACCORDANCE WITH THE FOLLOWING:
(I) WHEN USED IN THIS PARAGRAPH, UNLESS OTHERWISE EXPRESSLY STATED:
(1) "2008-09 AIM FUNDING" SHALL MEAN THE SUM OF THE BASE LEVEL GRANT
PURSUANT TO THIS PARAGRAPH, ADDITIONAL ANNUAL APPORTIONMENTS PURSUANT TO
PARAGRAPH D OF THIS SUBDIVISION, PER CAPITA ADJUSTMENT PURSUANT TO PARA-
GRAPH E OF THIS SUBDIVISION AND SPECIAL AID AND INCENTIVES TO CERTAIN
ELIGIBLE CITIES AS APPROPRIATED IN CHAPTER FIFTY OF THE LAWS OF TWO
THOUSAND EIGHT, AS AMENDED BY CHAPTER ONE OF THE LAWS OF TWO THOUSAND
NINE, APPORTIONED AND PAID TO SUCH CITY IN THE STATE FISCAL YEAR
COMMENCING APRIL FIRST, TWO THOUSAND EIGHT.
(2) "2008 TOTAL REVENUES" SHALL MEAN "TOTAL REVENUES" FOR SUCH CITY AS
REPORTED IN THE STATE COMPTROLLER'S SPECIAL REPORT ON LOCAL GOVERNMENT
S. 23 5 A. 23
FINANCES FOR NEW YORK STATE FOR LOCAL FISCAL YEARS ENDED IN TWO THOUSAND
EIGHT.
(3) "AIM RELIANCE" SHALL MEAN 2008-09 AIM FUNDING EXPRESSED AS A
PERCENTAGE OF 2008 TOTAL REVENUES.
(II) THE DEFICIT REDUCTION ADJUSTMENT FOR EACH SUCH CITY SHALL EQUAL:
(1) ONE PERCENT OF PRIOR YEAR AID IF SUCH CITY'S AIM RELIANCE WAS AT
LEAST TEN PERCENT,
(2) TWO PERCENT OF PRIOR YEAR AID IF SUCH CITY'S AIM RELIANCE WAS AT
LEAST FIVE PERCENT BUT LESS THAN TEN PERCENT,
(3) THREE PERCENT OF PRIOR YEAR AID IF SUCH CITY'S AIM RELIANCE WAS AT
LEAST ONE PERCENT BUT LESS THAN FIVE PERCENT, OR
(4) EIGHT PERCENT OF PRIOR YEAR AID IF SUCH CITY'S AIM RELIANCE WAS
LESS THAN ONE PERCENT.
S 2. Paragraph i of subdivision 10 of section 54 of the state finance
law, is amended by adding a new subparagraph (vi) to read as follows:
(VI) NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN THE STATE
FISCAL YEAR COMMENCING APRIL FIRST, TWO THOUSAND NINE THE DEFICIT
REDUCTION ADJUSTMENT TO THE BASE LEVEL GRANTS OF CERTAIN CITIES PURSUANT
TO PARAGRAPH E-ONE OF THIS SUBDIVISION SHALL BE MADE ON OR BEFORE MARCH
FIFTEENTH, TWO THOUSAND TEN.
S 3. Paragraph j of subdivision 10 of section 54 of the state finance
law, as amended by section 4 of part GG of chapter 56 of the laws of
2009, is amended to read as follows:
j. Special aid and incentives for municipalities to the city of New
York. In the state fiscal year commencing April first, two thousand
seven a city with a population of one million or more shall receive
twenty million dollars on or before December fifteenth. In the state
fiscal year commencing April first, two thousand eight, a city with a
population of one million or more shall receive two hundred forty-five
million nine hundred forty-four thousand eight hundred thirty-four
dollars payable on or before December fifteenth. In the state fiscal
year commencing April first, two thousand nine, and in each state fiscal
year thereafter, a city with a population of one million or more shall
receive [three hundred twenty-seven million eight hundred eighty-nine
thousand six hundred sixty-eight dollars] THREE HUNDRED ONE MILLION SIX
HUNDRED FIFTY-EIGHT THOUSAND FOUR HUNDRED NINETY-FIVE DOLLARS payable on
or before December fifteenth. Special aid and incentives for munici-
palities to the city of New York shall be apportioned and paid as
required as follows:
(i) Any amounts required to be paid to the city university
construction fund pursuant to the city university construction fund act;
(ii) Any amounts required to be paid to the New York city housing
development corporation pursuant to the New York city housing develop-
ment corporation act;
(iii) Five hundred thousand dollars to the chief fiscal officer of the
city of New York for payment to the trustees of the police pension fund
of such city;
(iv) Eighty million dollars to the special account for the municipal
assistance corporation for the city of New York in the municipal assist-
ance tax fund created pursuant to section ninety-two-d of this chapter
to the extent that such amount has been included by the municipal
assistance corporation for the city of New York in any computation for
the issuance of bonds on a parity with outstanding bonds pursuant to a
contract with the holders of such bonds prior to the issuance of any
other bonds secured by payments from the municipal assistance corpo-
S. 23 6 A. 23
ration for the city of New York in the municipal assistance state aid
fund created pursuant to section ninety-two-e of this chapter;
(v) The balance of the special account for the municipal assistance
corporation for the city of New York in the municipal assistance state
aid fund created pursuant to section ninety-two-e of this chapter;
(vi) Any amounts to be refunded to the general fund of the state of
New York pursuant to the annual appropriation enacted for the municipal
assistance state aid fund;
(vii) To the state of New York municipal bond bank agency to the
extent provided by section twenty-four hundred thirty-six of the public
authorities law; and
(viii) To the transit construction fund to the extent provided by
section twelve hundred twenty-five-i of the public authorities law, and
thereafter to the city of New York.
Notwithstanding any other law to the contrary, the amount paid to any
city with a population of one million or more on or before December
fifteenth shall be for an entitlement period ending the immediately
preceding June thirtieth.
S 4. This act shall take effect immediately.
PART E
Section 1. Section 2 of part PP of chapter 56 of the laws of 2009
entitled "Environmental Affairs", relating to providing for the adminis-
tration of certain funds and accounts related to the 2009-10 budget, is
amended by adding a new subdivision 15 to read as follows:
15. $10,000,000 FROM THE ENVIRONMENTAL PROTECTION FUND (078), ENVIRON-
MENTAL PROTECTION TRANSFER ACCOUNT (01), TO THE GENERAL FUND.
S 2. Section 2 of part PP of chapter 56 of the laws of 2009 entitled
"Transportation", relating to providing for the administration of
certain funds and accounts related to the 2009-10 budget, is amended by
adding a new subdivision 8 to read as follows:
8. $120,000,000 FROM THE MASS TRANSPORTATION OPERATING ASSISTANCE FUND
(313), METROPOLITAN MASS TRANSIT OPERATING ASSISTANCE ACCOUNT (02), TO
THE GENERAL FUND.
S 3. Section 12 of part PP of chapter 56 of the laws of 2009 relating
to providing for the administration of certain funds and accounts
related to the 2009-10 budget, is amended to read as follows:
S 12. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the budget,
up to [$200] $575 million from the unencumbered balance of any special
revenue fund or account, or combination of funds and accounts, to the
general fund. The amounts transferred pursuant to this authorization
shall be in addition to any other transfers expressly authorized in the
2009-10 budget. Transfers from federal funds, debt service funds, capi-
tal projects funds, or the community projects fund are not permitted
pursuant to this authorization. The director of the budget shall notify
both houses of the legislature in writing prior to initiating transfers
pursuant to this authorization.
S 4. Notwithstanding any provision of law to the contrary, the dormi-
tory authority of the state of New York is authorized and directed, upon
the request of the director of the budget, to transfer $26,000,000 to
the general fund on or before March 31, 2010.
S 5. Notwithstanding any law to the contrary, the insurance department
shall finance the annual expenses related to its activities and oper-
S. 23 7 A. 23
ations through assessments upon those entities required to pay such
assessments pursuant to section 332 of the insurance law. For state
fiscal year 2009-10, the total value of the annual assessment will be
equal to the total value of the department's enacted appropriations. In
such instances where the total value of the annual industry assessment
exceeds actual annual expenses of the department's operations and activ-
ities, in accordance with section 4 of the state finance law, the comp-
troller is hereby authorized and directed to transfer, at the request of
the director of the budget, up to $4,940,000 from the unencumbered
balance of the special revenue fund (339), insurance department account
(B6) to the general fund on or before March 31, 2010.
S 6. Notwithstanding any provision of law, rule or regulation to the
contrary, the New York State energy research and development authority
is authorized and directed to make a contribution to the state treasury
to the credit of the general fund in the amount of $90,000,000 from
proceeds collected by the authority from the auction or sale of carbon
dioxide emission allowances allocated by the department of environmental
conservation under the Regional Greenhouse Gas Initiative on or before
March 31, 2010.
If, in any fiscal year, such moneys retained by the authority from the
auction or sale of carbon dioxide emission allowances allocated by the
department of environmental conservation under the Regional Greenhouse
Gas Initiative are deemed insufficient by the director of the division
of the budget to meet actual and anticipated disbursements, the comp-
troller shall at the direction of the director of the division of the
budget, transfer from the general fund to the New York State energy
research and development authority moneys sufficient to meet such
disbursements. Such transfers shall be made only upon certification of
need by the director of the division of the budget, with copies of such
certification filed with the chairperson of the senate finance commit-
tee, the chairperson of the assembly ways and means committee and the
state comptroller. The aggregate amount of all transfers to the New York
State energy research and development authority shall not exceed
$90,000,000 in total.
S 7. Notwithstanding any other provision of the law to the contrary,
and in accordance with section 4 of the state finance law, the comp-
troller is hereby authorized to transfer upon request of the director of
the budget, $29,000,000 on or before March 31, 2010, from the city
university special revenue fund (377), city university stabilization
account (A1), to the general fund.
S 8. This act shall take effect immediately; provided that the amend-
ments to sections 2 and 12 of part PP of chapter 56 of the laws of 2009
made by sections one, two and three of this act shall not affect the
repeal of such sections and shall be deemed repealed therewith.
PART F
Section 1. Paragraph 14 of subdivision (a) of section 32 of the tax
law, as added by section 2 of part VV of chapter 59 of the laws of 2009,
is amended to read as follows:
(14) "Tax return preparer" means an individual who prepares a substan-
tial portion of any return for compensation. Enrolled agents or employ-
ees of a tax return preparer or a commercial tax return preparation
business who prepare returns for clients of that preparer or preparation
business, as applicable, and partners who prepare returns for clients of
a partnership engaged in a commercial tax return preparation business,
S. 23 8 A. 23
are all "tax return preparers" for purposes of this section. Excluded
from the definition of "tax return preparer" are attorneys, public
accountants, and certified public accountants, [who are registered with
or licensed by the state,] and employees OF AN ATTORNEY, PUBLIC ACCOUNT-
ANT, CERTIFIED PUBLIC ACCOUNTANT, OR FIRM THEREOF preparing returns
under the supervision of such attorneys, public accountants, [and]
certified public accountants OR FIRMS THEREOF. Also excluded are volun-
teer tax preparers, employees of a business or partners in a partnership
whose job responsibilities include preparation of only the business' or
partnership's returns, and employees of a tax return preparer or a
commercial tax return preparation business who provides only clerical or
other comparable services.
S 2. This act shall take effect immediately.
PART G
Section 1. Subdivision 1 of section 3609-a of the education law is
amended by adding a new paragraph d to read as follows:
D. SUPPLEMENTAL DEFICIT REDUCTION ASSESSMENT FOR THE TWO THOUSAND
NINE--TWO THOUSAND TEN SCHOOL YEAR. (1) NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, THE COMMISSIONER SHALL REDUCE PAYMENTS
DUE TO EACH DISTRICT FOR THE TWO THOUSAND NINE--TWO THOUSAND TEN SCHOOL
YEAR PURSUANT TO THIS SECTION BY AN AMOUNT EQUAL TO THE SUPPLEMENTAL
DEFICIT REDUCTION ASSESSMENT COMPUTED FOR SUCH DISTRICT, AND SUCH AMOUNT
SHALL BE DEDUCTED FROM MONEYS APPORTIONED FOR THE PURPOSES OF PAYMENTS
MADE PURSUANT TO THIS SECTION AND IF THE REDUCTION IS GREATER THAN THE
SUM OF THE AMOUNTS AVAILABLE FOR SUCH DEDUCTIONS, THE REMAINDER OF THE
REDUCTION SHALL BE WITHHELD FROM PAYMENTS SCHEDULED TO BE MADE TO THE
DISTRICT PURSUANT TO THIS SECTION FOR THE TWO THOUSAND TEN--TWO THOUSAND
ELEVEN SCHOOL YEAR, AND PROVIDED FURTHER THAT AN AMOUNT EQUAL TO THE
AMOUNT OF SUCH DEDUCTION SHALL BE DEEMED TO HAVE BEEN PAID TO THE
DISTRICT PURSUANT TO THIS SECTION FOR THE SCHOOL YEAR IN WHICH SUCH
DEDUCTION IS MADE. THE COMMISSIONER SHALL COMPUTE SUCH SUPPLEMENTAL
DEFICIT REDUCTION ASSESSMENT AND SHALL PROVIDE A SCHEDULE OF SUCH
REDUCTION IN PAYMENTS TO THE STATE COMPTROLLER, THE DIRECTOR OF THE
BUDGET, THE CHAIR OF THE SENATE FINANCE COMMITTEE AND THE CHAIR OF THE
ASSEMBLY WAYS AND MEANS COMMITTEE.
(2) THE SUPPLEMENTAL DEFICIT REDUCTION ASSESSMENT SHALL BE COMPUTED AS
THE PRODUCT OF THIRTY-FIVE AND SIXTY-TWO ONE-HUNDREDTHS OF A PERCENT
(0.3562) MULTIPLIED BY THE ABSOLUTE VALUE OF THE DEFICIT REDUCTION
ASSESSMENT ESTABLISHED PURSUANT TO PARAGRAPH C OF THIS SUBDIVISION.
S 2. Supplemental deficit reduction assessment restoration. Notwith-
standing any other provision of law to the contrary, apportionments from
this section shall be supported from funds appropriated for such purpose
from the state fiscal stabilization fund-education fund as funded by the
American recovery and reinvestment act of 2009. For the purposes of this
section the term "fiscal year", followed by a reference to a year shall
mean the period from July first of the preceding year to June thirtieth
of the calendar year referenced.
Funds shall be apportioned to each school district in an amount equal
to the supplemental deficit reduction assessment computed pursuant to
subparagraph 3 of paragraph d of subdivision 1 of section 3609-a of the
education law.
Each district shall be eligible, pursuant to applicable federal rules,
regulations and guidelines, for a payment for the 2009-2010 school year
of up to seventy percent (0.7) of such funds on or after the effective
S. 23 9 A. 23
date of this act and up to an additional thirty percent (0.3) of such
funds on or after April 1, 2010.
S 3. This act shall take effect immediately.
PART H
Section 1. When a county district attorney of a county located in a
city of one million or more recovers monies before the filing of an
accusatory instrument as defined in subdivision 1 of section 1.20 of the
criminal procedure law, after injured parties have been appropriately
compensated, the district attorney's office shall retain a percentage of
the remaining such monies in recognition that such monies were recovered
as a result of investigations undertaken by the district attorney's
office. The total amount of such monies to be retained by the county
district attorney's office shall equal ten percent of the first twenty-
five million dollars received by such office during the state fiscal
year, plus seven and one-half percent of such monies received by such
office in excess of twenty-five million dollars but less than fifty
million dollars, plus five percent of any such monies received by such
office in excess of fifty million dollars but less than one hundred
million dollars, plus one percent of such monies received by such office
in excess of one hundred million dollars. The remainder of such monies
shall be paid by the district attorney's office to the state and to the
county in equal amounts within thirty days of receipt, where disposition
of such monies is not otherwise prescribed by law.
S 2. This act shall take effect immediately and shall remain in full
force and effect until the last day of March, 2010, when it shall expire
and be deemed repealed.
S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through H of this act shall be
as specifically set forth in the last section of such Parts.