Provides for emergency appropriation for the period April 1, 2010 through June 3, 2010

Section 2 appropriates an additional $164.7 million for the personal service payments scheduled to be made to State officers and employees through June 3, 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-operated special employment, work-for-pay or sheltered workshop programs1 and, as appropriate, lump sum payments, advances, awards and longevity increases.

Section 3 appropriates an additional $16.1 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 $2 million for nonpersonal service payments by the Judiciary and $4 million for the Judiciary's Court Facility Incentive Aid Fund for interest payments and other court facilities' costs.

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

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

* $60 million is continued for transportation-related capital construction contracts approved prior to April 1, 2010 to allow payment of liabilities incurred through May 31, 2010.

* $40 million is continued for the approval of new transportation related capital construction contracts for projects from April 1, 2010 through May 31, 2010.

Section 8 provides Capital Project appropriations for All State Departments and Agencies totaling $40 million, as follows:

* an additional $5 million, for a total appropriation of $25 million, for the approval of capital construction projects for emergency health and safety purposes during the period April 1, 2010 to May 31, 2010; and

* A new appropriation in the amount of $15 million for existing capital project contracts entered into prior to April 1, 2010, for the payment of liabilities incurred between April 1 and April 11, 2010.

Section 9 provides an additional $45 million, for total funding of $110 million, to the Department of Transportation as follows:

* An additional $40 million is added, for a total appropriation of $80 million, for the payment of the Federal share of existing transportation capital contracts, excluding liabilities funded by the American Recovery and Reinvestment Act of 2009, but including those which have a State bond-funded share approved prior to April 1, 2010, to allow payment of:

--liabilities incurred through May 31, 2010 for projects without a State funding share; and

--liabilities incurred from April 1, 2010 through April 25, 2010 for projects which have a State-bonded funding share.

* $20 million is continued for the payment of the Federal share of new transportation capital contracts, approved between the period April 1, 2010 and May 31, 2010, excluding liabilities funded by the American Recovery and Reinvestment Act of 2009, which:

--do not contain State funding shares; or

--contain BOTH State funding shares that are eligible to be funded by bond proceeds, to the extent such bond proceeds are available, and Federal shares funded by the American Recovery and Reinvestment Act. of 2009.

* An additional $5 million, for a total of $10 million, is appropriated for the payment of non-State shares of existing and new transportation capital contracts approved prior to, on or after April 1, 2010 and funded through deposits in the Miscellaneous New York State Agency Fund - Highway Costs Improvement Accounts, to allow payment of liabilities incurred through May 31, 2010.

Section 9-a adds $5 million, for a total appropriation of $15 million, for payment of bond-eligible State shares of existing 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 25, 2010, only to the extent bond proceeds are available.

Section 9-b appropriates $1 million for payment of bond-eligible State shares of new transportation capital contracts and construction inspection contracts, approved during the period April 1, 2010 through May 31, 2010, which contain Federal shares funded by the American Recovery and Reinvestment Act of 2009.

Section 10 appropriates an additional $1.45 billion for payments to providers participating in the Medical Assistance program and an additional $17 million for payments to providers participating in the Elderly Pharmaceutical Insurance Coverage program.

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

Section 12 appropriates an additional $2 million for Family Care services. This Medicaid funding is supported directly by OMRDD and funds 1,100 families supporting over 2,000 individuals.

Section 13 appropriates $11.1 million to make a payment of Aid and Incentives for Municipalities (AIM) to the City of Yonkers in accordance with section 54 of State Finance Law and authorizes such payment to be made on or before June 25.

Section 14 appropriates a total of $1.497 billion to the State Education Department for General Support for Public Schools for the 2009-10 School Year, as follows:

* An aggregate General Fund appropriation of $1.257 billion including funding for: General Aid. including Excess Cost Aid ($1.028 billion); BOCES Aid ($225 million); and the Roosevelt School District advance ($4 million); and

* A State Lottery Fund appropriation in the amount of $240 million.

Both the General Fund and the State Lottery Fund appropriations would require payment to be made no later than June 30th.

Section 15 prohibits expenditures from all appropriations until certificates of approval have been issued by the Director of the Budget and filed with certain State officers.

Section 16 requires the comptroller to transfer any expenditures made against these appropriations to the 2010-11 Budget appropriations after they have become law.

Section 17, 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 18 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 transfer 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 31, 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 submitted 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 departments and agencies, the Legislature and the Judiciary. Accordingly, this bill will have no additional impact on the State's 2010-11 Financial Plan.

Effective date

Immediately.