Provides for emergency appropriation for the period April 1, 2010 through May 2, 2010

Summary of provisions

Section 1 authorizes the Comptroller to utilize the appropriations contained in this bill, which relate to the 2010-11 State fiscal year, absent enactment of the 2010-11 Budget.

Section 2 appropriates an additional $162 million for the personal service payments scheduled to be made to state officers and employees through May 6, 2010, including payments for officers and employees of the Legislature and Judiciary, statewide elected officials and elected members of the Legislature; payments for services performed by mentally ill or developmentally disabled persons who are employed in State-oper- ated special employment, work-for-pay or sheltered workshop programs; and, as appropriate, lump sum payments, advances, awards and longevity increases.

Section 3 appropriates an additional $15.8 million to pay to the social security contribution fund the payroll taxes relating to the personal service payments specified above.

Section 4 appropriates an additional $1,000 to make payments to the Teachers Insurance and Annuity Association/College Retirement Equities Fund.

Section 5 appropriates an additional $10 million for nonpersonal service payments by various State agencies including the Legislature.

Section 6 appropriates an additional $27 million for nonpersonal service payments by the Judiciary.

Section 7 continues $80 million for capital projects funded by the Amer- ican Recovery and Reinvestment Act of 2009, as follows:

* $40 million for the continuation of transportation-related capital construction contracts approved prior to April 1, 2010 to allow payment of liabilities incurred through May 2, 2010.

* $40 million for the approval of new transportation-related capital construction contracts for projects from April 1, 2010 through May 2, 2010.

Section 8 continues $10 million for the approval of capital construction projects for emergency health and safety purposes from April 1, 2010 to May 2, 2010.

Section 9 appropriates $40 million for the continuation of federally funded transportation capital construction contracts that do not have any State funding shares, which were approved prior to April 1, 2010, to allow payment of liabilities incurred through May 2, 2010, excluding liabilities funded by the American Recovery and Reinvestment Act of 2009.

Section 10 appropriates a total of $2.574 billion to the State Education Department, as follows:

* An additional $2.573 billion to make mandated payments for the 200910 school year for general support for public schools, including Excess Cost Aid; and

* An advance of $1.086 million to HURD city school districts, pursuant to the provisions of Chapter 280 of the laws of 1978.

Section 11 appropriates an additional $2.516 billion for the Medical Assistance Program (Medicaid), as follows:

* $1.45 billion for payments to participating providers; * $900 million for medical services provided by the State facilities operated by the Office of Mental Health, the Office of Mental Retarda- tion and Developmental Disabilities and the Office of Alcoholism and Substance Abuse Services; * $105.4 million to make Bad Debt and Charity Care payments to hospi- tals; * $38 million in Health Care Reform Act funding to offset Medicaid costs; and * $22.7 million for supplemental Medical Insurance, including Medicare Part B premiums, physician services, outpatient services, medical equip- ment, supplies and other health services.

Section 12 provides an additional $202 million to the Department of Labor for Unemployment Insurance benefits to claimants.

Section 13 appropriates $2,000 for payment of supplemental burial bene- fits to eligible families of military personnel killed in combat.

Section 14 prohibits expenditures from all appropriations until certif- icates of approval have been issued by the Director of the Budget and filed with certain State officers.

Section 15 requires the Comptroller to transfer any expenditures made against these appropriations to the 2010-11 Budget appropriations after they have become law.

Section 16, the severability clause, provides that if any part of this Act be adjudged by any court of competent jurisdiction to be invalid, such judgment would not invalidate the remainder of the Act.

Section 17 provides that the bill takes effect immediately and is deemed to be in full force and effect on April 1, 2010, and, further, that the appropriations made in the bill will be deemed repealed upon the trans- fer of expenditures by the Comptroller pursuant to section fifteen of the bill.

STATEMENT IN SUPPORT::

This bill will allow the State to make certain payments and incur certain liabilities during the period April 1 through May 2, 2010 on a timely basis, in the absence of an enacted budget for State fiscal year 2010-11.

Budget implications

Expenditures and disbursements made against these appropriations shall, upon final action by the Legislature on the appropriation bills submit- ted by the Governor for the support of government for the State fiscal year beginning April 1, 2010, be transferred by the Comptroller as expenditures and disbursements to such appropriations for State depart- ments and agencies, the Legislature and the Judiciary. Accordingly, this bill will have no additional impact on the State's 2010-11 Financial Plan.