A41011 Summary:
BILL NO | A41011A |
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SAME AS | SAME AS UNI. S67011-A |
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SPONSOR | Rules |
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COSPNSR | |
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MLTSPNSR | |
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Add S99-r, St Fin L; rpld SS1 & 4, amd S5, Chap 100 of 2010 | |
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Establishes the FMAP contingency fund to address the failure of the federal government to extend enhanced Medical Assistance percentages; and amends chapter 100 of the laws of 2010 relating to state aid payment dates to school districts and repealing provisions of such chapter. |
A41011 Actions:
BILL NO | A41011A | |||||||||||||||||||||||||||||||||||||||||||||||||
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08/03/2010 | referred to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
08/03/2010 | amend and recommit to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
08/03/2010 | print number 41011a | |||||||||||||||||||||||||||||||||||||||||||||||||
08/03/2010 | reported referred to rules | |||||||||||||||||||||||||||||||||||||||||||||||||
08/03/2010 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
08/03/2010 | rules report cal.1 | |||||||||||||||||||||||||||||||||||||||||||||||||
08/03/2010 | ordered to third reading rules cal.1 | |||||||||||||||||||||||||||||||||||||||||||||||||
08/03/2010 | message of necessity - 3 day message | |||||||||||||||||||||||||||||||||||||||||||||||||
08/03/2010 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
08/03/2010 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
08/03/2010 | REFERRED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
08/03/2010 | SUBSTITUTED FOR S67011A | |||||||||||||||||||||||||||||||||||||||||||||||||
08/03/2010 | 3RD READING CAL.5 | |||||||||||||||||||||||||||||||||||||||||||||||||
08/03/2010 | MESSAGE OF NECESSITY - 3 DAY MESSAGE | |||||||||||||||||||||||||||||||||||||||||||||||||
08/03/2010 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
08/03/2010 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
08/03/2010 | delivered to governor | |||||||||||||||||||||||||||||||||||||||||||||||||
08/04/2010 | signed chap.313 |
A41011 Floor Votes:
Yes
Abbate
ER
Carrozza
Yes
Gabryszak
No
Kolb
No
Murray
ER
Saladino
Yes
Alessi
No
Castelli
Yes
Galef
Yes
Koon
ER
Nolan
No
Sayward
No
Alfano
Yes
Castro
ER
Gantt
ER
Lancman
No
Oaks
Yes
Scarborough
No
Amedore
Yes
Christensen
Yes
Gianaris
Yes
Latimer
Yes
O'Donnell
Yes
Schimel
Yes
Arroyo
Yes
Clark
Yes
Gibson
Yes
Lavine
No
O'Mara
Yes
Schimminger
Yes
Aubry
Yes
Colton
No
Giglio
Yes
Lentol
Yes
Ortiz
No
Schroeder
No
Bacalles
ER
Conte
Yes
Glick
Yes
Lifton
Yes
Parment
Yes
Scozzafava
No
Ball
ER
Cook
Yes
Gordon
No
Lopez PD
Yes
Paulin
Yes
Skartados
No
Barclay
No
Corwin
Yes
Gottfried
ER
Lopez VJ
Yes
Peoples
Yes
Spano
No
Barra
Yes
Crespo
Yes
Gunther
Yes
Lupardo
Yes
Perry
Yes
Stirpe
Yes
Barron
No
Crouch
No
Hawley
Yes
Magee
Yes
Pheffer
Yes
Sweeney
Yes
Benedetto
Yes
Cusick
No
Hayes
Yes
Magnarelli
Yes
Powell
No
Tedisco
Yes
Benjamin
Yes
Cymbrowitz
Yes
Heastie
Yes
Maisel
Yes
Pretlow
Yes
Thiele
Yes
Bing
Yes
DelMonte
Yes
Hevesi
Yes
Markey
No
Quinn
Yes
Titone
Yes
Boyland
Yes
DenDekker
Yes
Hikind
Yes
Mayersohn
No
Rabbitt
Yes
Titus
No
Boyle
Yes
Destito
Yes
Hooper
No
McDonough
No
Raia
No
Tobacco
Yes
Brennan
Yes
Dinowitz
Yes
Hoyt
Yes
McEneny
Yes
Ramos
Yes
Towns
Yes
Brodsky
No
Duprey
Yes
Hyer Spencer
No
McKevitt
No
Reilich
No
Townsend
Yes
Brook Krasny
Yes
Englebright
ER
Jacobs
ER
Meng
Yes
Reilly
Yes
Weinstein
No
Burling
No
Errigo
Yes
Jaffee
No
Miller JM
Yes
Rivera J
Yes
Weisenberg
No
Butler
Yes
Espaillat
Yes
Jeffries
Yes
Miller MG
ER
Rivera N
Yes
Weprin
Yes
Cahill
Yes
Farrell
Yes
John
Yes
Millman
Yes
Rivera PM
Yes
Wright
ER
Calhoun
Yes
Fields
ER
Jordan
No
Molinaro
Yes
Robinson
Yes
Zebrowski
ER
Camara
No
Finch
Yes
Kavanagh
No
Montesano
Yes
Rosenthal
Yes
Mr. Speaker
Yes
Canestrari
No
Fitzpatrick
Yes
Kellner
Yes
Morelle
Yes
Russell
‡ Indicates voting via videoconference
A41011 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ S. 11--A A. 11--A Second Extraordinary Session SENATE - ASSEMBLY August 3, 2010 ___________ IN SENATE -- Introduced by COMMITTEE ON RULES -- (at request of the Governor) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- committee discharged and said bill committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- Introduced by COMMITTEE ON RULES -- (at request of the Governor) -- read once and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the state finance law, in relation to establishing the FMAP contingency fund and providing for the repeal of such provisions upon expiration thereof (Part A); and to amend chapter 100 of the laws of 2010 relating to making appropriations for the support of govern- ment, in relation to the effectiveness thereof; and to repeal certain provisions of such chapter relating thereto and relating to state aid payment dates to school districts (Part B) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act enacts into law major components of legislation 2 which are necessary to implement the state fiscal plan for the 2010-2011 3 state fiscal year. Each component is wholly contained within a Part 4 identified as Parts A through B. The effective date for each particular 5 provision contained within such Part is set forth in the last section of 6 such Part. Any provision in any section contained within a Part, includ- 7 ing the effective date of the Part, which makes reference to a section 8 "of this act", when used in connection with that particular component, 9 shall be deemed to mean and refer to the corresponding section of the 10 Part in which it is found. Section three of this act sets forth the 11 general effective date of this act. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12314-05-0S. 11--A 2 A. 11--A 1 PART A 2 Section 1. Notwithstanding any other provision of law to the contrary, 3 to maintain a balanced budget in the event that the federal government 4 does not enact an extension of enhanced Federal Medical Assistance 5 Percentages ("FMAP") for the state of New York in the amount assumed in 6 the 2010--2011 financial plan, the individual payments from all undis- 7 bursed general fund and state special revenue fund aid to localities 8 appropriations, commencing on September 16, 2010, shall be uniformly 9 reduced by the percentage set forth in the written allocation plan 10 required by this section and such reduction shall be applied, to the 11 extent practicable, in equal amounts during the fiscal year. Such 12 percent reduction to payments shall be calculated on the amounts that 13 were undisbursed as of September 16, 2010 to provide for a maximum annu- 14 al reduction of $1,085,000,000 by the end of the 2010--2011 state fiscal 15 year. Beginning on September 16, 2010, all payments from non-exempt 16 appropriations shall be reduced by the percentage set forth in the writ- 17 ten allocation plan required by this section. The following types of 18 appropriations shall be exempt from uniform reduction: (a) public 19 assistance payments for families and individuals and payments for eligi- 20 ble aged, blind and disabled persons related to supplemental social 21 security; (b) any reductions that would violate federal law; (c) 22 payments of debt service and related expenses for which the state is 23 constitutionally obligated to pay debt service or is contractually obli- 24 gated to pay debt service, subject to an appropriation, including where 25 the state has a contingent contractual obligation; (d) payments the 26 state is obligated to make pursuant to court orders or judgments; (e) 27 payments for CUNY senior colleges; and (f) payments to the metropolitan 28 transportation authority related to the mobility tax. With regard to 29 Medicaid payments, such reductions shall be subject to the receipt of 30 all necessary federal approvals. Reductions under this section shall 31 commence on September 16, 2010 and be made in accordance with a written 32 allocation plan prepared by the director of the budget, which shall be 33 filed with the state comptroller, the chairman of the senate finance 34 committee and the chairman of the assembly ways and means committee. 35 Such written allocation plan shall include a summary of the methodology 36 for calculating the percentage reductions to the payments from non-ex- 37 empt appropriations and cash disbursements and the reasons for any 38 exemptions, and a detailed schedule of the reductions and exemptions. 39 The director of the budget shall prepare appropriately reduced certif- 40 icates, which shall be filed with the state comptroller, the chairman of 41 the senate finance committee and the chairman of the assembly ways and 42 means committee. Upon request of the director of the budget, the comp- 43 troller shall transfer the cash equal to the uniform appropriation 44 reduction to the FMAP contingency fund established pursuant to section 45 99-r of the state finance law to the extent such cash is available. If 46 an extension of enhanced FMAP is not enacted by November 15, 2010, the 47 governor, temporary president of the senate, and the speaker of the 48 assembly shall cause their respective appropriate personnel to meet to 49 review the impact of the uniform reductions and discuss potential alter- 50 native reductions. 51 § 2. The payment reductions shall be subject to the following condi- 52 tions: (a) if at any time after the effective date of this section an 53 extension of enhanced FMAP has been enacted by the Federal government in 54 an amount equal to or greater than $1,085,000,000 in the fiscal year two 55 thousand ten--two thousand eleven financial plan, no further reductionsS. 11--A 3 A. 11--A 1 shall occur and all payment amounts withheld pursuant to this section 2 shall be paid to the recipients from which they were withheld by March 3 31, 2011 or in the case of Medicaid payments, as soon as practicable 4 following receipt of all necessary federal approvals; (b) if an exten- 5 sion of enhanced FMAP is not enacted by March 31, 2011, the reductions 6 authorized by this section shall continue until the total amount of such 7 reductions is equal to $1,085,000,000; or (c) if an extension of 8 enhanced FMAP is enacted in an amount less than the $1,085,000,000 9 assumed in the fiscal year two thousand ten--two thousand eleven finan- 10 cial plan, the reductions authorized by this section shall continue 11 until the total amount of such reductions is equal to the difference 12 between $1,085,000,000 and the amount of enhanced FMAP provided, howev- 13 er, if an extension of enhanced FMAP is enacted in an amount less than 14 the $1,085,000,000 and at the time of the enactment the total amount of 15 the reductions is equal to or greater than the amount by which the 16 extension differs from the amount in the fiscal year two thousand ten-- 17 two thousand eleven financial plan, no further reductions shall be made 18 and the amount of the reductions previously made that exceeds the 19 difference between $1,085,000,000 and the amount of the extension shall 20 be paid to the recipients subject to reduced payments in proportion to 21 those reductions, and such payments shall be made by March 31, 2011. 22 Notwithstanding any other provision of law to the contrary, liability 23 for amounts due under any appropriation or other applicable provision of 24 law subject to uniform reduction pursuant to this act shall be reduced 25 by March 31, 2011 in the amounts equal to any payment reduction up to 26 $1,085,000,000, and the appropriation shall be reduced by a commensurate 27 amount pursuant to subdivisions (b) and (c) of this section, as appro- 28 priate. Notwithstanding any inconsistent provision of law, rule or 29 regulation, the effectiveness of the provisions of sections 2807 and 30 3614 of the public health law, section 18 of chapter 2 of the laws of 31 1988, and 18 NYCRR § 505.14(h), as they relate to time frames for 32 notice, approval or certification of rates of payment, are hereby 33 suspended and without force or effect for purposes of implementing the 34 provisions of this act. 35 § 3. On March 31, 2011, the director of the budget shall calculate the 36 difference, if any, between the actual closing balance in the general 37 fund on March 31, 2011 and the closing balance projected by the division 38 of the budget in the 2010-11 enacted budget financial plan. If the actu- 39 al closing balance is in excess of the projected balance, the amount of 40 the difference shall be disbursed by April 15, 2011 or, in the case of 41 Medicaid, as soon as practicable following the receipt of all necessary 42 federal approvals, to uniformly mitigate the uniform reductions made 43 pursuant to section one of this act, provided, however, that no such 44 amount shall be available for disbursement until the director of the 45 budget certifies that (a) the general fund made all planned payments 46 anticipated in the 2010-11 financial plan including tax refunds, without 47 the issuance of deficit bonds or notes or extraordinary cash management 48 actions, (b) the balances in the tax stabilization reserve and rainy day 49 reserve (together, the "rainy day reserves") have been restored to a 50 level equal to the level as of the start of the fiscal year, and (c) 51 other designated balances have been maintained, as provided by law. 52 § 4. The state finance law is amended by adding a new section 99-r to 53 read as follows: 54 § 99-r. FMAP contingency fund. 1. There is hereby established in the 55 state treasury an account in the general fund known as the "FMAP contin- 56 gency fund".S. 11--A 4 A. 11--A 1 2. The fund shall consist of all monies required by law to be trans- 2 ferred to the fund. 3 3. Monies in the fund shall be disbursed, when allocated, for the 4 purpose of making payments that had previously been subject to reduction 5 pursuant to law as a result of federal government failure to enact an 6 extension of enhanced Federal Medical Assistance Percentages ("FMAP"). 7 4. If by February fifteenth, two thousand eleven, enhanced FMAP is not 8 extended or is extended in an amount that is less than the 9 $1,085,000,000 in the fiscal year two thousand ten--two thousand eleven 10 financial plan as determined by the director of the budget, monies in 11 the fund on such date not required to be paid pursuant to the provisions 12 of section two of the chapter of the laws of two thousand ten which 13 added this section may be transferred to the general fund and any 14 amounts deposited in the fund after such date may be transferred to the 15 general fund upon the request of the director of the budget. 16 § 5. This act shall take effect immediately; provided, however, that 17 section three of this act shall take effect upon the enactment of the 18 2010-2011 budget, and provided further, that this act shall expire and 19 be deemed repealed April 15, 2011, except in the case of Medicaid, when 20 such act shall expire and be deemed repealed July 1, 2011. 21 PART B 22 Section 1. Sections 1 and 4 of chapter 100 of the laws of 2010, 23 relating to making appropriations for the support of government, are 24 REPEALED. 25 § 2. Section 5 of chapter 100 of the laws of 2010, relating to making 26 appropriations for the support of government, is amended to read as 27 follows: 28 § 5. This act shall take effect immediately and shall be deemed to 29 have been in full force and effect on and after April 1, 2010[;30provided, however, that upon the transfer of expenditures and disburse-31ments by the comptroller as provided in section four of this act, the32appropriations made by this act and subject to such section shall be33deemed repealed]. 34 § 3. Notwithstanding any provision of the law to the contrary, any 35 payment otherwise due and payable during the month of September pursuant 36 to: subparagraph (1) of paragraph a of subdivision 1 of section 3609-a 37 of the education law, subparagraph (2) of paragraph a of subdivision 1 38 of section 3609-a of the education law, subparagraph (3) of paragraph a 39 of subdivision 1 of section 3609-a of the education law, clause (vii) of 40 subparagraph (3) of paragraph b of subdivision 1 of section 3609-a of 41 the education law, subparagraph (5) of paragraph a of subdivision 2 of 42 section 3609-b of the education law, subdivision 1 of section 3609-d of 43 the education law, and paragraph (a) of subdivision 1 of section 3609-f 44 of the education law for the 2010-11 school year shall be due and paya- 45 ble on or before September 30, 2010. 46 § 4. This act shall take effect immediately and shall be deemed to 47 have been in full force and effect on and after April 1, 2010, provided 48 however that notwithstanding any inconsistent provision of law, sections 49 one and two of this act shall be deemed to have been in full force and 50 effect on and after the effective date of chapter 100 of the laws of 51 2010. 52 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 53 sion, section or part of this act shall be adjudged by any court of 54 competent jurisdiction to be invalid, such judgment shall not affect,S. 11--A 5 A. 11--A 1 impair, or invalidate the remainder thereof, but shall be confined in 2 its operation to the clause, sentence, paragraph, subdivision, section 3 or part thereof directly involved in the controversy in which such judg- 4 ment shall have been rendered. It is hereby declared to be the intent of 5 the legislature that this act would have been enacted even if such 6 invalid provisions had not been included herein. 7 § 3. This act shall take effect immediately provided, however, that 8 the applicable effective date of Parts A through B of this act shall be 9 as specifically set forth in the last section of such Parts.