Enacts provisions relating to an emergency spending plan for the period April 1, 2010 through April 11, 2010

Summary of provisions

Part A - Authorize deposits. temporary loans for various funds and propose provisions relating to general fiscal management issues.

* Section 1 provides the Comptroller with authorization to continue to loan money to various State and Federal funds/accounts until enactment of the 2010-11 Budget.

* Section 2 provides the Comptroller with authorization to receive and deposit money to various funds and accounts of the State in the same manner as authorized for the 2009-10 fiscal year until enactment of the 2010-11 Budget.

* Section 3 provides the Comptroller with authorization to use appropri- ation authority for payment of prior year liabilities until enactment of the 2010-11 Budget.

* Sections 4 through 16 authorize and direct the Comptroller to deposit to the credit of the capital projects fund reimbursement from the

proceeds of bonds or notes issued by designated authorities for certain capital expenditures.

* Section 17 provides the effective dates.

Part B - Permit the Department of State to continue to offer expedited production and delivery of various legal documents related to the forma- tion and restructuring of business entities.

* Current authorization for this service expires March 31, 2010. Reven- ues from the provision of expedited services total approximately $3.5 million annually. Extension of this authorization will maintain that revenue stream over the period covered by the bill and will allow the Department to continue to provide this service to the business communi- ty.

Part C - Include the NYC Housing Development Corporation under the State Bond Issuance Charge to allow the State to capture bond issuance charges from issuances made early in the fiscal year.

* Proceeds from the NYC Housing Development Corporation BIC are project- ed to total $3 million annually.

Part D - Establish a one-year deferral of the Human Services Cost-of- Living Adjustment.

* Defers the Human Services Cost-of-Living Adjustment (COLA) for 2010-11 for designated Human Services programs under the auspices of several State agencies, including the Office of Mental Retardation and Develop- mental Disabilities, Office of Mental Health, Office of Alcoholism and Substance Abuse Services, Department of Health, State Office for the Aging, and Office of Children and Family Services.

This action is necessary to hold harmless the not-for-profit providers contracting with these agencies against the current statutorily mandated -2.1 percent COLA for 2010-11.

Eliminating the formula for the 2010-11 Human Services COLA would avoid a cut in funding of roughly $66 million to the not-for-profit sector.

This bill takes effect on April 1 ,2010 and shall cease to have force and effect upon the enactment of the 2010-11 Budget.

Part E - Delay the implementation of new nursing home rate methodology (i.e. regional pricing) consistent with the Executive Budget proposal that has yet to be negotiated.

* Absent this bill, the new methodology will be effective on April 1, 2010.

Statement in support

Enactment of these provisions will maintain continuity in State services and financial management in the absence of an enacted 2010-11 Budget.

Budgetary implications

Enactment of this bill is needed to ensure that the funding authori- zation in the above mentioned programs is not compromised in the absence of an enacted 2010-11 Budget.