Provides for emergency appropriation for the period April 1, 2010 through June 14, 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 $164.7 million, for a total appro- priation of $2.24 billion for the personal service payments scheduled to be made to State officers and employees through June 17, 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 provision which extends the expiration dates of the exemption from social worker and other professional licensure require- ments until June 17, 2010.

Section 2-a appropriates an additional $2 million, for a total appropri- ation of $50.4 million for the State's contribution to the Health Insur- ance Fund, and continues $27.3 million for the State's contribution to employee benefit fund programs.

This section also includes a provision amending Medicare Part B contrib- ution requirements. It would incorporate the Medicare B premium costs into the overall cost of the Empire Plan and HMOs shared by the State

(as employer) and State employees and retirees. This provision would recognize Medicare Part B premium costs as an appropriate cost of the Empire Plan and HMO employee/retiree health coverage.

Section 3 appropriates an additional $16.1 million, for a total appro- priation of $204.8 million to pay to the social security contribution fund the payroll taxes relating to the personal service payments speci- fied above.

Section 4 appropriates an additional $1,000, for a total appropriation of $130,000 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 $49 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 $30 million, for a total appropri- ation of $195 million for nonpersonal service payments by various State agencies including the Legislature.

Section 7 continues $110 million for capital projects funded by the American Recovery and Reinvestment Act of 2009, as follows:

* $70 million is continued for transportation-related capital construction contracts approved prior to April 1, 2010 to allow payment of liabilities incurred through June 13, 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 13, 2010.

Section 8 provides an additional $125 million, for total funding of $230 million for Capital Projects statewide, as follows:

* A continuation of $30 million is provided for capital project contract liabilities for emergency health and safety purposes incurred from April 1 through June 13, 2010.

* An additional $125 million, for a total appropriation of $200 million is provided for the payment of capital projects liabilities incurred after April 1, 2010 for contracts approved prior to April 1, 2010. This appropriation includes, but is not limited to, funding for transporta- tion liabilities which were heretofore funded by other emergency appro- priations referencing the Dedicated Highway and Bridge Trust Fund, and the Rebuild and Renew New York Transportation Bond Act of 2005.

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 13, 2010.

* $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 13, 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 13, 2010.

Section 10 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 13, 2010, which contain Federal shares funded by the American Recovery and Reinvestment Act of 2009.

Section 11 appropriates an additional $50.080 billion for payments to providers participating in the Medical Assistance Program including $4.337 billion to offset Medicaid spending from the following:

* $2.715 billion in Health Care Reform Act Funding; * $875.4 million in funding from the Indigent Care Account; and * $749.8 million in funding from Provider Assessments.

Additionally, this Section appropriates:

* .9 million for the State Office of the Aging; * $512.7 million for the Center for Community Health, which includes an additional $10 million for the Federal Women, Infants and Children (WIC) program to pay for food purchases; $2.08 million for payments to pharma- cies participating in the Indian Health program; $284.8 million for the General Public Health Works (GPHW) program, reflecting Executive Budget savings of $6.7 million (and transfer of Medical Examiner to DCJS); $176.8 for the Early Intervention program, reflecting Executive Budget savings of $6.6 million; and an additional $39.1 million for various other public health programs, which reflects Executive Budget savings totaling $3.5 million;

* $990.2 million for the Child Health Insurance program, reflecting savings of $24.5 million; * $328.4 million for the Elderly Pharmaceutical Insurance Coverage program, reflecting Executive Budget savings of $12.7 million; * $10.7 million for Health Care Reform Program to include $6.0 million for Roswell Park Cancer Institute; $2.5 million for poison control center grants; $2.2 million for infertility services, treatment and procedures in the HCRA Program Account, reflecting Executive Budget savings of $11.4 million.

Section 12 provides an additional $195 million to the Department of Labor for Unemployment Insurance benefits to claimants.

Section 13 continues $5 million to the Department of Environmental Conservation for Clean Water Program Capital Projects funded by the American Recovery and Reinvestment Act of 2009.

Section 14 appropriates $34.2 million for Medicaid and State Aid payments to families and licenses OMRDD not-for-profit providers to support residential and other services and supports to individuals with developmental disabilities, as follows:

* $25 million for Medicaid payments to support residential and other services provided through the NYS-Options for People Through Services (OPTS) initiative; * $5.2 million for Family Support Services; * $2 million for Individual Support Services; and * $2 million for services to the developmentally disabled.

Section 15 appropriates $491 million for general support for public schools for statutorily-mandated excess cost aid payments.

Section 16 appropriates $1.6 million for payment to the New York Feder- ation of Growers and Processors Agribusiness Child Development Program.

Section 17 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 18 requires the Comptroller to transfer any expenditures made against these appropriations to the 2010-11 Budget appropriations after they have become law.

Section 19, 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 20 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 13, 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.