LBD12209-02-0
S. 7443 2 A. 10610
incurred prior to April 1, 2010, on the
payrolls scheduled to be paid during the
period April 1 through April [14] 22, 2010
to state officers and employees of the
executive branch, including the governor,
lieutenant governor, comptroller and
attorney general; to officers and employ-
ees of the judiciary; and to officers and
employees of the legislature, including
payments to the members of the senate and
assembly under sections 5 and 5-a of the
legislative law; and payments for services
performed by mentally ill or develop-
mentally disabled persons who are employed
in state-operated special employment,
work-for-pay or sheltered workshop
programs; CONSISTENT WITH SECTION 8 OF
PART A OF CHAPTER 10 OF THE LAWS OF 2008,
SECTION 3 OF CHAPTER 114 OF THE LAWS OF
2008 AND SECTION 4 OF CHAPTER 49 OF THE
LAWS OF 2008, AND NOTWITHSTANDING ANY
CONTRARY PROVISION OF LAW, INCLUDING
PROVISIONS OF ARTICLE 14 OF THE CIVIL
SERVICE LAW OR COLLECTIVE BARGAINING
AGREEMENT ENTERED INTO BY THE STATE PURSU-
ANT THERETO, THE AMOUNTS TO BE PAID TO
STATE OFFICERS AND EMPLOYEES OF THE EXECU-
TIVE BRANCH FOR PERSONAL SERVICE SHALL NOT
BE BASED ON AMOUNTS APPLICABLE PURSUANT TO
SUBPARAGRAPH (4) OF PARAGRAPH A OF SUBDI-
VISION 1, SUBPARAGRAPH (4) OF PARAGRAPH C
OF SUBDIVISION 1, OR SUBPARAGRAPH (4) OF
PARAGRAPH E OF SUBDIVISION 1 OF SECTION
130 OF THE CIVIL SERVICE LAW; OR SUBPARA-
GRAPH (4) OF PARAGRAPH A OF SUBDIVISION 2,
OR SUBPARAGRAPH (8) OF PARAGRAPH A OF
SUBDIVISION 2 OF SECTION 215 OF THE EXECU-
TIVE LAW; OR SUBPARAGRAPH (4) OF PARAGRAPH
A OF SUBDIVISION 2 OF SECTION 216 OF THE
EXECUTIVE LAW, INSOFAR AS SUCH SUBPARA-
GRAPHS PROVIDE FOR A GENERAL SALARY
INCREASE OF FOUR PERCENT ... [376,852,000] 560,915,000
==============
S 3. Section 3 of chapter 20 of the laws of 2010, relating to making
appropriations for the support of government, is amended to read as
follows:
S 3. The sum of [thirty-eight] FIFTY-FOUR million [eight] NINE hundred
[nine] FIFTY-ONE thousand dollars [($38,809,000)] ($54,951,000), or so
much thereof as shall be sufficient to accomplish the purpose desig-
nated, is hereby appropriated out of any moneys in the general fund to
the credit of the state purposes account not otherwise appropriated for
the purpose of paying to the social security contribution fund, the
state's share, as employer, of the payroll tax for payrolls scheduled to
be paid during the period April 1 through April [14] 22, 2010, including
liabilities incurred prior to April 1, 2010 ............................
S. 7443 3 A. 10610
............................................. [38,809,000] 54,951,000
==============
S 4. Section 4 of chapter 20 of the laws of 2010, relating to making
appropriations for the support of government, is amended to read as
follows:
S 4. The sum of [twenty-six] TWENTY-SEVEN thousand dollars [($26,000)]
($27,000), or so much thereof as shall be sufficient to accomplish the
purpose designated, is hereby appropriated out of any moneys in the
general fund to the credit of the state purposes account not otherwise
appropriated for payments to the teachers insurance and annuity associ-
ation and college retirement equities fund associated with individuals
working in the education department, the higher education services
corporation, and the state university of New York construction fund.
Notwithstanding any other provisions of law to the contrary, the comp-
troller is hereby authorized and directed to utilize this appropriation
for the purpose of making scheduled teachers insurance and annuity asso-
ciation and college retirement equities fund payments ..................
........................................................ [26,000] 27,000
==============
S 5. Section 5 of chapter 20 of the laws of 2010, relating to making
appropriations for the support of government, is amended to read as
follows:
S 5. The amount specified in this section, or so much thereof as shall
be sufficient to accomplish the purpose designated, is hereby appropri-
ated and authorized to be paid as hereinafter provided, to the public
officers and for the purposes specified, which amount shall be available
for the state fiscal year beginning April 1, 2010.
ALL STATE DEPARTMENTS AND AGENCIES
For the payment of state operations nonper-
sonal service liabilities, including the
legislature and judiciary, incurred in the
ordinary course of business, during the
period April 1 through April [11] 18,
2010, pursuant to existing state law and
for purposes for which the legislature
authorized the expenditure of moneys
during the 2009-2010 state fiscal year;
provided, however, that nothing contained
herein shall be deemed to limit or
restrict the power or authority of state
departments or agencies to conduct their
activities or operations in accordance
with existing law, and further provided
that nothing contained herein shall be
deemed to supersede, nullify or modify the
provisions of section 40 of the state
finance law prescribing when appropri-
ations made for the 2009-2010 state fiscal
year shall have ceased to have force and
effect ...................... [30,000,000] 45,000,000
==============
S. 7443 4 A. 10610
S 6. Section 6 of chapter 20 of the laws of 2010, relating to making
appropriations for the support of government, is amended to read as
follows:
S 6. The amount specified in this section, or so much thereof as shall
be sufficient to accomplish the purpose designated, is hereby appropri-
ated and authorized to be paid as hereinafter provided, to the public
officers and for the purposes specified, which amount shall be available
for the state fiscal year beginning April 1, 2010.
AMERICAN RECOVERY AND REINVESTMENT ACT (CCP) ... [40,000,000] 60,000,000
--------------
Federal Capital Projects Fund - 291
American Recovery and Reinvestment Act Purpose
The sum of [twenty] THIRTY million dollars [($20,000,000)]
($30,000,000), or so much thereof as shall be sufficient to accomplish
the purpose designated, is hereby appropriated for contracts approved
prior to April 1, 2010 for the payment by the state of the federal share
of transportation related capital projects liabilities funded by the
American Recovery and Reinvestment Act of 2009 incurred in the ordinary
course of business from April 1 through April [11] 18, 2010, pursuant to
existing state law and for purposes for which the legislature authorized
the expenditures of money during the 2009-2010 fiscal year; provided,
however, that nothing contained herein shall be deemed to limit or
restrict the power or authority of state departments or agencies to
conduct their activities or operations in accordance with existing law,
and further provided that nothing contained herein shall be deemed to
supersede, nullify, or modify the provisions of section 40 of the state
finance law prescribing when appropriations made for the 2009-2010
fiscal year shall have ceased to have force and effect. Funds appropri-
ated herein shall be subject to all applicable reporting and account-
ability requirements contained in such act .............................
............................................. [20,000,000] 30,000,000
==============
The sum of [twenty] THIRTY million dollars [($20,000,000)]
($30,000,000), or so much thereof as shall be sufficient to accomplish
the purpose designated, is hereby appropriated for contracts approved
for purposes for which the legislature authorized the expenditures of
money during the 2009-2010 fiscal year. An amount up to [twenty] THIRTY
million dollars [($20,000,000)] ($30,000,000) shall be available for the
payment by the state of the federal share of related transportation
capital projects liabilities, funded by the American Recovery and Rein-
vestment Act of 2009 incurred in the ordinary course of business during
the period from April 1 through April [11] 18, 2010 for contracts
approved during the period April 1 through April [11] 18, 2010,
provided, however, that nothing contained herein shall be deemed to
limit or restrict the power or authority of state departments or agen-
cies to conduct their activities or operations in accordance with exist-
ing law, and further provided that nothing contained herein shall be
deemed to supersede, nullify, or modify the provisions of section 40 of
the state finance law prescribing when appropriations made for the
2009-2010 fiscal year shall have ceased to have force and effect. Funds
appropriated herein shall be subject to all applicable reporting and
accountability requirements contained in such act ......................
S. 7443 5 A. 10610
............................................. [20,000,000] 30,000,000
==============
S 7. Section 7 of chapter 20 of the laws of 2010, relating to making
appropriations for the support of government, is amended to read as
follows:
S 7. The amount specified in this section, or so much thereof as shall
be sufficient to accomplish the purpose designated, is hereby appropri-
ated and authorized to be paid as hereinafter provided, to the public
officers and for the purposes specified, which amount shall be available
for the state fiscal year beginning April 1, 2010.
The sum of ten million dollars ($10,000,000), or so much thereof as
shall be sufficient to accomplish the purpose designated, is hereby
appropriated for contracts approved in accordance with section 112 of
the state finance law for purposes for which the legislature authorized
the expenditures of money during the 2009-2010 fiscal year. An amount up
to ten million dollars ($10,000,000) shall be available for the payment
of capital projects liabilities, including any contractual services
liabilities of the engineering services fund, incurred to address emer-
gency health and safety needs as certified by the director of budget
during the period from April 1 through April [11] 18, 2010 for contracts
approved during the period April 1 through April [11] 18, 2010,
provided, however, that nothing contained herein shall be deemed to
limit or restrict the power or authority of state departments or agen-
cies to conduct their activities or operations in accordance with exist-
ing law, and further provided that nothing contained herein shall be
deemed to supersede, nullify, or modify the provisions of section 40 of
the state finance law prescribing when appropriations made for the
2009-2010 fiscal year shall have ceased to have force and effect .......
............................................................. 10,000,000
==============
S 8. The several amounts specified in this section, or so much thereof
as shall be sufficient to accomplish the purposes designated, are hereby
appropriated and authorized to be paid as hereinafter provided, to the
respective public officers and for the several purposes specified, which
amounts shall be available for the state fiscal year beginning April 1,
2010.
DEPARTMENT OF STATE
LOCAL GOVERNMENT AND COMMUNITY SERVICE PROGRAM .............. 15,700,000
--------------
Special Revenue Funds - Federal / Aid to Localities
Federal Operating Grants Fund - 265
Federal Health and Human Services Account
For allocations from the community services
block grant to community action agencies
and other eligible entities, including
suballocation to other state departments
and agencies, as funded by the American
recovery and reinvestment act of 2009.
S. 7443 6 A. 10610
Funds appropriated herein shall be subject
to all applicable reporting and account-
ability requirements contained in such act
............................................. 15,700,000
--------------
Program account subtotal .................. 15,700,000
--------------
S 9. The several amounts specified in this section, or so much thereof
as shall be sufficient to accomplish the purposes designated, are hereby
appropriated and authorized to be paid as hereinafter provided, to the
respective public officers and for the several purposes specified, which
amounts shall be available for the state fiscal year beginning April 1,
2010.
EDUCATION DEPARTMENT
ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION PROGRAM .........
............................................................ 6,000,000
--------------
General Fund / Aid to Localities
Local Assistance Account - 001
The sum of six million dollars ($6,000,000), or so much thereof as
shall be sufficient to accomplish the purpose designated, is hereby
appropriated to the state education department out of any moneys in the
general fund to the credit of the local assistance account not otherwise
appropriated. The comptroller is hereby authorized and directed to
utilize this appropriation for the purpose of making mandated payments
for the state fiscal year beginning April 1, 2010 for the 2009-2010
school year for support for excess cost aid payments ......... 6,000,000
--------------
Program account subtotal ................................. 6,000,000
--------------
S 10. The several amounts specified in this section, or so much there-
of as shall be sufficient to accomplish the purposes designated, are
hereby appropriated and authorized to be paid as hereinafter provided,
to the respective public officers and for the several purposes speci-
fied, which amounts shall be available for the state fiscal year begin-
ning April 1, 2010.
DEPARTMENT OF HEALTH
CHILD HEALTH INSURANCE PROGRAM ............................. 170,000,000
--------------
Special Revenue Funds - Federal / Aid to Localities
Federal Health and Human Services Fund - 265
Children's Health Insurance Account
The money hereby appropriated is available
for payment of aid heretofore accrued or
hereafter accrued.
S. 7443 7 A. 10610
For services and expenses related to the
children's health insurance program,
pursuant to title XXI of the federal
social security act. ....................... 130,000,000
--------------
Program account subtotal ................. 130,000,000
--------------
Special Revenue Funds - Other / Aid to Localities
HCRA Resources Fund - 061
Children's Health Insurance Account
The money hereby appropriated is available
for payment of aid heretofore accrued or
hereafter accrued.
For services and expenses related to the
children's health insurance program
authorized pursuant to title 1-A of arti-
cle 25 of the public health law ............. 40,000,000
--------------
Program account subtotal .................. 40,000,000
--------------
ELDERLY PHARMACEUTICAL INSURANCE COVERAGE PROGRAM ........... 35,000,000
--------------
Special Revenue Funds - Other / Aid to Localities
Miscellaneous Special Revenue Fund - 339
EPIC Premium Account
For services and expenses of the program for
elderly pharmaceutical insurance coverage,
including reimbursement to pharmacies
participating in such program.
The moneys hereby appropriated shall be
available for payment of financial assist-
ance heretofore accrued or hereafter to
accrue ...................................... 35,000,000
--------------
Program account subtotal .................. 35,000,000
--------------
MEDICAL ASSISTANCE PROGRAM ............................... 1,450,000,000
--------------
General Fund / Aid to Localities
Local Assistance Account - 001
Medical assistance program, exclusive of
expenses incurred by local districts for
administration of the medical assistance
program and for medical care rates for
authorized child care agencies.
The money hereby appropriated is to be
available for payment of aid heretofore
accrued to municipalities, and to provid-
S. 7443 8 A. 10610
ers of medical services pursuant to
section 367-b of the social services law,
and for payment of state aid to munici-
palities and to providers of family care
where payment systems through the fiscal
intermediaries are not operational, and
shall be available to the department net
of disallowances, refunds, reimbursements,
and credits.
Notwithstanding any inconsistent provision
of law, moneys hereby appropriated may be
used for transfer to the federal revenue
maximization contract fund, pursuant to
the provisions of the state finance law.
Notwithstanding any inconsistent provision
of law, the moneys hereby appropriated may
be increased or decreased by interchange
with any appropriation of the department
of health medical assistance adminis-
tration program and/or medical assistance
program, and may be increased or decreased
by transfer or suballocation between these
appropriated amounts and appropriations of
the department of social services or its
successor agencies with the approval of
the director of the budget, who shall file
such approval with the department of audit
and control and copies thereof with the
chairman of the senate finance committee
and the chairman of the assembly ways and
means committee.
Notwithstanding any inconsistent provision
of law, the money hereby appropriated
shall not be used for any existing rates,
fees, fee schedules, or procedures which
may affect the cost of care and services
provided by personal care providers, case
managers, health maintenance organiza-
tions, out of state medical facilities
which provide care and services to resi-
dents of the state, providers of transpor-
tation services, that are altered,
amended, adjusted or otherwise changed by
a local social services district unless
previously approved by the department of
health and the director of the budget.
For services and expenses of the medical
assistance program including hospital
inpatient services .......................... 82,000,000
For services and expenses of the medical
assistance program including hospital
outpatient and emergency room services ...... 15,000,000
For services and expenses of the medical
assistance program including clinic
services .................................... 14,000,000
For services and expenses of the medical
S. 7443 9 A. 10610
assistance program including nursing home
services ................................... 148,000,000
For services and expenses of the medical
assistance program including other long
term care services ......................... 111,000,000
For services and expenses of the medical
assistance program including managed care
services ................................... 124,000,000
For services and expenses of the medical
assistance program including pharmacy
services .................................... 65,000,000
For services and expenses of the medical
assistance program including transporta-
tion services ................................ 6,000,000
For services and expenses of the medical
assistance program including dental
services ..................................... 3,000,000
For services and expenses of the medical
assistance program including non-institu-
tional and other spending ................... 32,000,000
--------------
Program account subtotal ................. 600,000,000
--------------
Special Revenue Funds - Federal / Aid to Localities
Federal Health, Education and Human Services Fund - 265
Medicaid Direct Account
For services and expenses for the medical
assistance program, excluding administra-
tive expenses, pursuant to title XIX of
the federal social security act or its
successor program.
The moneys hereby appropriated are to be
available for payment of aid heretofore
accrued to municipalities, and to provid-
ers of medical services pursuant to
section 367-b of the social services law,
and for payment of state aid to munici-
palities and to providers of family care
where payment systems through the fiscal
intermediaries are not operational, and
shall be available to the department net
of disallowances, refunds, reimbursements,
and credits.
For services and expenses of the medical
assistance program including hospital
inpatient services .......................... 90,000,000
For services and expenses of the medical
assistance program including hospital
outpatient and emergency room services ...... 15,000,000
For services and expenses of the medical
assistance program including clinic
services .................................... 15,000,000
For services and expenses of the medical
S. 7443 10 A. 10610
assistance program including nursing home
services ................................... 163,000,000
For services and expenses of the medical
assistance program including other long
term care services ......................... 123,000,000
For services and expenses of the medical
assistance program including managed care
services ................................... 137,000,000
For services and expenses of the medical
assistance program including pharmacy
services .................................... 72,000,000
For services and expenses of the medical
assistance program including transporta-
tion services ................................ 6,000,000
For services and expenses of the medical
assistance program including dental
services ..................................... 4,000,000
For services and expenses of the medical
assistance program including non-institu-
tional and other spending ................... 35,000,000
--------------
Program account subtotal ................. 660,000,000
--------------
Special Revenue Funds - Federal / Aid to Localities
Federal Health and Human Services Fund - 265
Medicaid Direct Account
For services and expenses of the medical
assistance program including hospital
inpatient, hospital outpatient and emer-
gency room, clinic, nursing home, other
long term care, managed care, pharmacy,
transportation, dental, non-institutional
and other spending, medical services
provided at state facilities operated by
the office of mental health, the office of
mental retardation and developmental disa-
bilities and the office of alcoholism and
substance abuse services and for any other
medical assistance services resulting from
an increase in the federal medical assist-
ance percentage ............................ 190,000,000
--------------
Program account subtotal ................. 190,000,000
--------------
S 11. The several amounts specified in this section, or so much there-
of as shall be sufficient to accomplish the purposes designated, are
hereby appropriated and authorized to be paid as hereinafter provided,
to the respective public officers and for the several purposes speci-
fied, which amounts shall be available for the state fiscal year begin-
ning April 1, 2010.
S. 7443 11 A. 10610
DEPARTMENT OF LABOR
UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ..................... 204,000,000
--------------
Enterprise Funds / State Operations
Unemployment Insurance Benefit Fund - 481
For payment of unemployment insurance bene-
fits pursuant to article 18 of the labor
law or as authorized by the Federal
government through the disaster unemploy-
ment assistance program .................... 204,000,000
--------------
Program fund subtotal .................... 204,000,000
--------------
S 12. No expenditure may be made from any appropriation in this act,
until a certificate of approval has been issued by the director of the
budget and a copy of such certificate shall have been filed with the
state comptroller, the chairman of the senate finance committee and the
chairman of the assembly ways and means committee provided, however,
that any expenditures from any appropriation in this act made by the
legislature or judiciary shall not require such certificate.
S 13. All expenditures and disbursements made against the appropri-
ations in this act shall, upon final action by the legislature on appro-
priation bills submitted by the governor pursuant to article VII of the
state constitution for the support of government for the state fiscal
year beginning April 1, 2010, be transferred by the comptroller as
expenditures and disbursements to such appropriations for all state
departments, agencies, the legislature and the judiciary, as applicable,
in amounts equal to the amounts charged against the appropriations in
this act for each such department, agency, the legislature and the judi-
ciary.
S 14. Severability clause. If any clause, sentence, paragraph, subdi-
vision, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
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 15. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010; provided,
however, that upon the transfer of expenditures and disbursements by the
comptroller as provided in section thirteen of this act, the appropri-
ations made by this act and subject to such section shall be deemed
repealed.