Provides for emergency appropriation for the period April 1, 2010 through May 26, 2010

This bill provides appropriations to various State departments and agen- cies to permit certain payments due from April 1 to May 23, 2010, to be made absent enactment of the Budget appropriation bills submitted by the Governor for the State fiscal year beginning April 1, 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 $253.8 million for the personal service payments scheduled to be made to State officers and employees through May 26, 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. It also removes the language that appeared in previous emer- gency bills that provided for a twenty percent reduction in the work week of employees, with commensurate salary reduction, and that withheld general salary increases.

Section 2-a appropriates $48.4 million for the State's contribution to the health insurance fund.

Section 3 appropriates an additional $21.9 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 $25,000 to make payments to the Teachers Insurance and Annuity Association/College Retirement Equities Fund.

Section 5 appropriates an additional $2 million for nonpersonal service payments by the Judiciary.

Section 6 appropriates an additional $20 million for nonpersonal service payments by various State agencies including the Legislature.

Section 7 appropriates $100 million for capital projects funded by the American Recovery and Reinvestment Act of 2009, as follows:

* $10 million is added, for a total appropriation of $60 million, for transportation-related capital construction contracts approved prior to April 1, 2010 to allow payment of liabilities incurred through May 23, 2010.

* $40 million is continued for the approval of new transportation-relat- ed capital construction contracts for projects from April 1, 2010 through May 23, 2010.

Section 8 continues $20 million for the approval of capital construction projects for emergency health and safety purposes from April 1, 2010 to May 23, 2010.

Section 9 appropriates $65 million to the Department of Transportation as follows:

* $40 million is continued for the payment of the Federal share of transportation capital contracts, excluding liabilities funded by the American Recovery and Reinvestment Act of 2009, and including those which have a State bond-funded share approved prior to April 1, 2010, to allow payment of:

--liabilities incurred through May 23, 2010 for projects without a State funding share; and

--liabilities incurred April 1, 2010 through April 18, 2010 for projects with bond eligible State funding shares.

* $20 million is continued for the payment of the Federal share of transportation capital contracts that do not have any State funding shares and are approved between April 1, 2010 and May 23, 2010, exclud- ing liabilities funded by the American Recovery and Reinvestment Act of 2009.

* $5 million is continued for the payment of non-State shares of trans- portation capital contracts approved prior to April 1 and funded through deposits in the Miscellaneous New York State Agency Fund - Highway Costs Improvement Accounts, to allow payment of liabilities incurred through May 23, 2010.

Section 9-a adds $5 million, for a total appropriation of $10 million, for payment of bond-eligible State shares of transportation capital contracts and construction inspection contracts approved prior to April 1, 2010, to allow payment of liabilities incurred from April 1, 2010 through April 18, 2010, only to the extent bond proceeds are available.

Section 10 appropriates an additional $1.85 billion for payments to providers participating in the Medical Assistance (Medicaid) Program:

* $1.45 billion for payments to participating providers;

* $97.7 million to make Bad Debt and Charity Care payments to hospitals;

* $92.1 million in Health Care Reform Act funding to offset Medicaid costs;

* $45.3 million for supplemental Medical Insurance, including Medicare Part B premiums, physician services, outpatient services, medical equip- ment, supplies and other health services;

* $85.2 million in Health Care Reform Act funding for Medicaid Physician Services;

* $23.5 million in Health Care Reform Act funding for the Medicaid Work- ing Disabled Program;

* $2.1 million in Health Care Reform Act funding for Medicaid treatment of Breast and Cervical Cancer; and

* $54 million to the Provider Assessment Fund Account to offset General Fund payments to participating providers.

Section 11 provides an additional $195 million to the Department of Labor for Unemployment Insurance benefits to claimants.

Section 12 appropriates $9.2 million for State aid payments to families and licensed OMRDD not-for-profit providers to ensure delivery of crit- ical residential and other services and supports to individuals with developmental disabilities, as follows:

* $5.2 million for Family Support Services;

* $2 million for Individual Support Services; and

* $2 million for residential services provided to non-Medicaid eligible individuals.

Section 13 appropriates $500,000 for payment of annuities to blind veterans and eligible spouses.

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 23, 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.