Provides for emergency appropriation for the period April 1, 2010 through June 9, 2010

This bill provides appropriations to various State departments and agen- cies to permit certain payments due from April 1 to June 6, 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 a total appro- priation of $2.07 billion for the personal service payments scheduled to be made to State officers and employees through June 9, 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 disa- bled persons who are employed in state-operated special employment, work-for-pay or sheltered workshop programs; and, as appropriate, lump sum payments, advances, awards and longevity increases. This section also includes a new provision which extends the expiration dates of the exemption from social worker and other professional licensure require- ments until June 9, 2010.

Section 2-a provides a new appropriation in the amount of $27.3 million for the state's contribution to employee benefit fund programs.

Section 3 appropriates an additional $22 million, for a total appropri- ation of $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, for a total appropriation of $129,000 to make payments to the Teachers Insurance and Annuity Association/College Retirement Equities Fund.

Section 5 appropriates an additional $2 million, for a total appropri- ation of $47 million for nonpersonal service payments by the Judiciary. Section 5 also continues a $4 million appropriation for the Judiciary's Court Facility Incentive Aid Fund.

Section 6 appropriates an additional $20 million, for a total appropri- ation of $165 million for nonpersonal service payments by various state agencies including the Legislature.

Section 7 provides an additional $10 million, for total funding of $110 million for capital projects funded by the American Recovery and Rein- vestment Act of 2009, as follows:

* An additional $10 million, for a total appropriation of $70 million is provided for transportation-related capital construction contracts approved prior to April 1, 2010 to allow payment of liabilities incurred through June 6, 2010.

* An appropriation in the amount of $40 million is continued for the approval of new transportation-related capital project construction contracts approved from April 1, 2010 through June 6, 2010.

Section 8 provides an additional $65 million, for total funding of $105 million for Capital Projects statewide, as follows:

* An additional $5 million, for a total appropriation of $30 million is provided for capital project contract liabilities for emergency health and safety purposes incurred between April 1 and June 6, 2010; and

* An additional $60 million, for a total appropriation of $75 million is provided for existing capital project contracts entered into prior to April 1, 2010, for the payment of liabilities incurred between April 1 and May 2, 2010.

Section 9 continues $110 million to the Department of Transportation, as follows:

* $80 million is continued 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 June 6, 2010 for projects without" a State funding share; and

--liabilities incurred from April 1, 2010 through May 2, 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 June 6, 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.

* $10 million is continued for the payment of non-State shares of exist- ing 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 June 6, 2010.

Section 9-a adds $5 million, for a total appropriation of $20 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 May 2, 2010, only to the extent bond proceeds are avail- able.

Section 9-b continues $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 June 6, 2010, which contain Federal shares funded by the American Recov- ery and Reinvestment Act of 2009.

Section 9-c appropriates $55.5 million to transit systems from the Mass Transportation Operating Assistance Program.

Section 10 appropriates an additional $2.35 billion for payments to providers participating in the Medical Assistance Program; $10 million for the Federal Women, Infants, and Children (WIC) program to pay for food purchases; and $8.3 million for payments for Safe Drinking Water Program Capital Projects funded by the American Recovery and Reinvest- ment Act of 2009.

Section 11 provides an additional $195 million to the Department of Labor for Unemployment Insurance benefits to claimants and an additional $5 million in Federal funds for the local area Workforce Investment Act (WIA) youth training and employment programs,

Section 12 appropriates $5.006 million to the Department of Environ- mental Conservation for Clean Water Program Capital Projects funded by the American Recovery and Reinvestment Act of 2009.

Section 13 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 14 requires the Comptroller to transfer any expenditures made against these appropriations to the 2010-11 Budget appropriations after they have become law.

Section 15 amends Section 17 of Chapter 80 of the Laws of 2010 (i.e., the effective date clause of the seventh emergency appropriation bill) to provide eligible unionized employees payment of the delayed April 1, 2010 collectively negotiated four percent general salary increase retro- active to April 1, 2010. The appropriation made by Section 2 of this bill is sufficient to accommodate the retroactive payment authorized by this section.

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 June 6, 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.

Effective date

Immediately.