Provides for emergency appropriation for the period April 1, 2010 through June 20, 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 $2.1 billion for personal service payments sched- uled to be made to State officers and employees through June 20, 2010, including payments for officers and employees of the Legislature and Judiciary, statewide elected officials and elected members of the Legis- lature; payments for services performed by mentally ill or develop- mentally disabled persons who are employed in State-operated special employment, work-for-pay or sheltered workshop programs; and, as appro- priate, 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 licen- sure requirements until March 31, 2011.

Section 3 appropriates a total of $204.8 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 $2 million, for a total appropri- ation of $51 million for nonpersonal service payments by the Judiciary. Section 4 also continues a $4 million appropriation for the Judiciary's Court Facility Incentive Aid Fund.

Section 5 appropriates an additional $30 million, for a total appropri- ation of $225 million for nonpersonal service payments by various State agencies including the Legislature.

Section 5-a appropriates $200 million from the Federal Special Revenue Funds to permit spending of available Federal receipts for state oper- ations expenses previously authorized by the Legislature.

Section 6 appropriates an additional $5 million for total funding of $115 million for capital projects funded by the American Recovery and Reinvestment Act of 2009, as follows:

* An additional $5 million, for a total appropriation of $75 million is provided for transportation-related capital construction contracts approved prior to April 1, 2010 to allow payment of liabilities incurred through June 20, 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 20, 2010.

Section 7 continues $230 million for Capital Projects statewide, as follows:

* $30 million for capital project contract liabilities for emergency health and safety purposes incurred from April 1 through June 20, 2010; and

* $200 million is provided for the payment of capital projects liabil- ities incurred on and after April 1, 2010 for contracts originally approved prior to April 1, 2010. This appropriation includes, but is not limited to, funding for transportation liabilities which were heretofore funded by other emergency appropriations referencing the Dedicated High- way and Bridge Trust Fund, and the Rebuild and Renew New York Transpor- tation Bond Act of 2005.

Section 8 provides the Department of Transportation:

* An additional $35 million, for a total appropriation of $115 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, approved prior to April 1, 2010, to allow payment of liabilities incurred through June 20, 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 20, 2010, excluding liabilities funded by the American Recovery and Reinvestment Act of 2009, which:

-Do not contain State funding shares unless such State shares are funded by the Consolidated Local Street and Highway Improvement Program and/or the Municipal Streets and Highways Program; 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; and

* $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 20, 2010.

Section 8-a 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 20, 2010, which contain Federal shares funded by the American Recovery and Reinvestment Act of 2009.

Section 9 appropriates $136.6 million to the Department of Transporta- tion for the payment of downstate and upstate mass transportation oper- ating assistance.

Section 9-a appropriates $3.7 million to the Department of Transporta- tion for the payment of operating expenses for public transportation systems through the Dedicated Mass Transportation Trust Fund.

Section 10 appropriates an additional $10 million for the Federal Women, Infants and Children (WIC) program to pay for food purchases; an addi- tional $840,000 for payments to pharmacies participating in the Indian Health Program and $750,000 for the Traumatic Brain Injury (TBI) program to provide housing subsidy payments.

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

Section 12 appropriates $1.8 million for the Broadband Technology Oppor- tunities Program, funded by the American Recovery and Reinvestment Act of 2009.

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

Section 14 amends appropriations made by Chapter 108 of the Laws of 2010, to provide OMRDD flexibility to support the costs of services other than only residential programs.

Section 15 appropriates $968.8 million for the Office of Children and Family Services as follows:

* $669.5 million is appropriated for Child Welfare Services, reflecting savings of $34.4 million; * $1.8 million is appropriated for Child Welfare Quality, reflecting savings of $500,000; * $24.3 million is appropriated for Community Optional Preventive Services, reflecting savings of $4.9 million;

* $57.8 million is appropriated for various local assistance programs, reflecting savings of $1.1 million; * $23.3 million is appropriated for Home Visiting; * $42.1 million is appropriated for Adult Protective and Domestic Violence services; * $150 million is appropriated for Title XX.

Section 16 appropriates $3.45 billion for the Office of Temporary and Disability Assistance as follows:

* $3.2 billion is appropriated for the Employment and Economic Support Program, reflecting savings of $600,000. * $25.1 million is appropriated for various local assistance Specialized Services programs, reflecting savings of $1.1 million.

Sections 17, 18, 19, 20 appropriates funds to administer programs to individuals served by the three Department of Mental Hygiene agencies, including the Office of Alcoholism and Substance Abuse Services (OASAS), Office of Mental Health (OMH), the Office of Mental Retardation and Developmental Disabilities (OMRDD), and the Commission on Quality of Care and Advocacy for Persons with Disabilities (CQCAPD). These sections also include provisions which would clarify that facility directors who act as representative payees may continue to use federal funds for care and treatment in accordance with federal law and regulations. These provisions are consistent with Article VII language which clarifies this authority in permanent law, while also providing enhanced transparency and establishing additional parameters for the use of funds. The funds appropriated are as follows:

* $607.9 million for OASAS, reflecting savings of over $6 million; * $3.35 billion for OMH, reflecting savings of $90 million; * $4.49 billion for OMRDD, reflecting savings of $54 million; and * $18.2 million for CQCAPD, reflecting savings of approximately $1 million.

These appropriations include savings of over $150 million.

Section 21 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 22 requires the Comptroller to transfer any expenditures made against these appropriations to the 2010-11 Budget appropriations after they have become law.

Section 23, 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 24 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 20, 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.