-  This bill is not active in this session.

A09353 Summary:

Appropriates $533,500,000 to the office of children and family services for payment of state aid to municipalities.
Go to top    

A09353 Actions:

07/30/2001referred to ways and means
08/02/2001reported referred to rules
08/02/2001rules report cal.1153
08/02/2001ordered to third reading rules cal.1153
08/02/2001passed assembly
08/02/2001delivered to senate
08/02/2001SUBSTITUTED FOR S5742
08/02/20013RD READING CAL.1456
08/03/2001delivered to governor
08/15/2001signed chap.173
Go to top

A09353 Floor Votes:

DATE:08/02/2001Assembly Vote  YEA/NAY: 146/1
ArroyoYCookYGordonYLevyYParmentYSullivan ECY
AubryYCrouchYGottfriedYLittleYPaulinYSullivan F Y
BrennanYDiNapoliYHeastieYMatusowYRhodd CummingsYTownsY
BrodskyYDingaYHerbstYMayersohnYRivera J YTownsendY
BrownYDinowitzYHigginsYMcEnenyYRivera PMYVannER
Cohen A YFlanaganYKoonYNortzYSmithYYoungY
Cohen M YGalefYLabriolaYOaksYSpanoYMr. SpeakerY

Go to top

A09353 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
  TITLE OF BILL: An act making an appropriation for payment of state aid to municipalities   PURPOSE OR GENERAL IDEA OF BILL: This bill would appropriate $533,500,000 to the Office of Children and Family Services for reimbursement of local social services district expenditures related to the provision and administration of various family and children's services.   SUMMARY OF SPECIFIC PROVISIONS: This bill contains a single item of appropriation of $533,500,000 to the Office of Children and Family Services for the purpose of reimbursing local social services districts for administrative and programmatic expenditures for foster care, inde- pendent living services, certain residential programs for youth, preven- tive services, aftercare services, and adoption services excluding adoption subsidies.   JUSTIFICATION: This legislation would appropriate the sum of $533,500,000 to the Office of Children and Family Services from the general fund / aid to localities, local assistance account - 001 for reimbursement to local social services districts for expenditures related to family and children's services programs.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: An appropriation of $533,500,000 would be authorized in the Office of Children and Family Services upon enactment of this legislation.   EFFECTIVE DATE: Effective immediately and retroactive to April 1, 2001.
Go to top

A09353 Text:

                STATE OF NEW YORK
            S. 5742                                                  A. 9353
                               2001-2002 Regular Sessions
                SENATE - ASSEMBLY
                                      July 30, 2001
        IN  SENATE -- Introduced by COMMITTEE ON RULES -- read twice and ordered
          printed, and when printed to be committed to the Committee on Finance
        IN ASSEMBLY -- Introduced  by  COMMITTEE  ON  RULES  --  read  once  and
          referred to the Committee on Ways and Means

        AN  ACT  making  an  appropriation  for  payment of state aid to munici-
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The sum of five hundred thirty-three million five hundred
     2  thousand dollars ($533,500,000), or so much thereof as may be necessary,
     3  is hereby appropriated to the office of  children  and  family  services
     4  from  the  general  fund / aid to localities, local assistance account -
     5  001, not otherwise appropriated, for payment  of  state  aid  heretofore
     6  accrued  or  hereafter  to  accrue  to  municipalities.  Subject  to the
     7  approval of the director of the budget, the  money  hereby  appropriated
     8  shall  be  available  to  the  office  net  of  disallowances,  refunds,
     9  reimbursements, and credits.  Notwithstanding any inconsistent provision

    10  of law, in lieu of payments authorized by the social  services  law,  or
    11  payments  of  federal  funds  otherwise due to the local social services
    12  districts for programs provided under the federal social security act or
    13  the federal food stamp act, funds herein appropriated, in amounts certi-
    14  fied by the state comptroller or the state commissioner of health as due
    15  from local social services  districts  each  month  as  their  share  of
    16  payments  made  pursuant to section 367-b of the social services law may
    17  be set aside by the state comptroller  in  an  interest-bearing  account
    18  with  such  interest  accruing to the credit of the locality in order to
    19  ensure the orderly and prompt payment of providers under  section  367-b
    20  of  the  social  services  law  pursuant  to an estimate provided by the
    21  commissioner of health of each local social services district's share of

    22  payments made pursuant to section 367-b  of  the  social  services  law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 5742                             2                            A. 9353
     1  Notwithstanding  any  inconsistent provision of law, the funds appropri-
     2  ated herein  shall  be  available  for  reimbursement  of  local  social
     3  services  district  expenditures for the provision and administration of
     4  the  following  family  and  children's  services:  foster care services
     5  including expenditures for care, maintenance, supervision,  tuition  and
     6  independent  living  services;  supervision of foster children placed in

     7  federally funded job corps  programs;  care,  maintenance,  supervision,
     8  tuition, and independent living services for adjudicated juvenile delin-
     9  quents and persons in need of supervision placed in residential programs
    10  operated   by   authorized  agencies  and  in  out-of-state  residential
    11  programs; preventive services provided pursuant to section 409-a of  the
    12  social  services  law;  aftercare  services;  and  adoption services and
    13  administration other than adoption subsidies. Of the amount appropriated
    14  herein, state reimbursement to each local social  services  district  to
    15  cover  the  costs of those district expenditures for all such family and
    16  children's services identified herein that  are  otherwise  reimbursable
    17  shall be limited to the district's allocation, herein referred to as the
    18  district's  family  and children's services block grant allocation. Such

    19  allocation shall be based on the district's pro rata share of their  SFY
    20  2000-2001  family  and  children's  services  block grant allocation and
    21  shall be subject to the approval of the  director  of  the  budget.  The
    22  state  shall  not  be  responsible for reimbursing local social services
    23  districts for any portion of any federal or state sanctions or disallow-
    24  ances taken under federal or state law for such  family  and  children's
    25  services when such sanctions or disallowances result from the failure of
    26  the  local  social  services  districts  to comply with federal or state
    27  funding requirements including, but not limited to, failure to  document
    28  eligibility  for  federal  or  state funds in the case record; provided,
    29  however if the office  determines  that  any  federal  disallowance  for
    30  services  provided  January 1, 1999 and May 31, 1999 results solely from

    31  the late enactment of the state  legislation  implementing  the  federal
    32  adoption  and  safe  families act, the state shall be solely responsible
    33  for the full amount of the disallowance or sanction; provided,  further,
    34  however,  this provision shall be deemed to apply both prospectively and
    35  retroactively regardless of whether such sanctions or disallowances  for
    36  services  provided  or  claims  made  prior  to  or after April 1, 2001;
    37  provided further, however,  that  the  office  of  children  and  family
    38  services  shall  suspend  taking  state  sanctions  against local social
    39  services district for violations of the provisions of section  153-d  of
    40  the  social  services law for services provided from January 1, 1994 and
    41  thereafter and shall  discontinue  collecting  data  from  its  computer
    42  systems  and  reporting on each local social services district's compli-

    43  ance with such section during  the  suspension  period.  Nothing  herein
    44  shall  preclude  the office from continuing during the suspension period
    45  to conduct the monitoring activities authorized under other sections  of
    46  the  social  services law.  Funds appropriated herein may be used as the
    47  state share for federal title IV-B subpart 2 funds to  the  extent  that
    48  such  match  is determined jointly by the office and the director of the
    49  budget to be not otherwise available and  to  the  extent  permitted  by
    50  federal  law  and  regulations.    The  office, with the approval of the
    51  director of the budget, may reduce a district's block  grant  allocation
    52  by the state share decrease related to federal retroactive reimbursement
    53  for  family  and children's services.   The office, with the approval of
    54  the director of the budget, may reduce a district's  block  grant  allo-

    55  cation  by  the  state share of disallowances or sanctions taken against
    56  the district pursuant to social services law or federal law.

        S. 5742                             3                            A. 9353
     1    Such moneys shall be payable on the audit and  warrant  of  the  state
     2  comptroller  on vouchers certified or approved in the manner provided by
     3  law.
     4    §  2.  This  act  shall take effect immediately and shall be deemed to
     5  have been in full force and effect on and after April 1, 2001.
Go to top