NYSAC Weekly Wire

Re-caps the week's events, legislative action, and other news that impact county government.

May 22, 2009

Happy Memorial Day Weekend!

Legislative Activity Picking Up at the State Capitol
Legislative activity is picking up at the State Capitol as the Senate and Assembly work toward the end of the legislative session scheduled for June 22nd. NYSAC is working on hundreds of bills of interest to county government as bills get reported from committees and move to the floor for action. This week the Senate Local Government Committee advanced two particular bills that would have a positive impact for counties across the State. 

S.3330/A.8088 sponsored by Senator Brian Foley (D-Suffolk) and Assemblyman Richard Brodsky (D-Westchester) would amend the County Law to include Voice over Internet Protocol (VoIP) to the list of telecommunications devices that are subject to a telecommunications surcharge.

Counties are authorized, at local option, to impose a surcharge up to 35 cents on any telecommunications equipment that may access Emergency 911 services. VoIP customers have the ability to access these services but no legislation exists authorizing the remittance of a surcharge to cover the costs associated with obtaining E-911 assistance. Several VoIP providers collect these surcharges but have no legal process by which to remit these funds to the municipalities that provide these services. The need for this legislation becomes more pressing as more customers drop their landlines and switch to VoIP and other internet based telecommunications options. As this occurs, counties have realized significant reductions in their surcharge remittances, which are crucial in maintaining a reliable life saving E-911 system. 

Another bill, S.3639 / A.7966 sponsored by Senator Daniel Squadron (D – Kings, New York) and Assemblywoman Sandra Galef (D – Putnam, Westchester) would provide counties and other local taxing districts with flexibility with notice of foreclosure provided to the New York State Department of Taxation and Finance.

Pursuant to Chapter 415 of the Laws of 2006, counties and other local taxing districts must provide notice of commencement of a real property tax foreclosure proceeding by certified and regular mail to any person whose right, title or interest in the real property was a matter of public record as of the date the list of delinquent taxes was filed, including the New York State Department of Taxation and Finance. This increased notice requirement, enacted to conform New York’s uniform tax enforcement procedure with an April 26, 2006 United States Supreme Court decision, has resulted in the processing and delivery of thousands of individual letters to the Department of Taxation and Finance, resulting in reams of wasted paper, thousands of tax dollars spent on postage and countless hours of both State and local government staff time that could be better utilized.

This proposal, introduced at the request of the New York State Department of Taxation and Finance, stems from a series of working group meetings between the Tax Department and NYSAC to develop an alternate means of foreclosure notice whereby a county or other local taxing district could have the option of providing a single summary document or electronic transmission instead of individual duplicate letters to the Tax Department. This legislation would authorize the Tax Department to implement this plan to provide counties and other local taxing jurisdictions with relief from this expensive and burdensome process, without interfering with the State’s right to notice of foreclosure.

NYSAC is working to move these bills and many others forward in the remaining weeks of the legislative session and would urge counties to weigh in with their support. For more information on NYSAC’s legislative priorities and activity on specific bills, please contact the NYSAC Offices. (Ken Crannell)

Lawmakers Consider Plan to Streamline Local Government Consolidation
State lawmakers are considering legislation advanced this week by Attorney General Andrew Cuomo to streamline the process of consolidating certain local governments across the state, including towns, villages and special districts. The plan replaces various separate and cumbersome procedures with a single all-inclusive framework under which local government entities may be consolidated or dissolved. Under this plan, the consolidation or dissolution of a local government entity may be initiated by the entities' governing body or by a newly created petition process.

In addition, the proposal facilitates the ability of counties to effect dissolutions, mergers and consolidations of whole units of government, subject to the approval by the voters of the county in a referendum. The State Constitution provides counties with the authority to transfer or abolish units of local government; however, current State Law limits a county's authority to abolish only "offices, departments and agencies" of local governments, as opposed to the governments themselves.

The Attorney General's bill has been introduced in the Senate and Assembly with broad bi-partisan support and has the backing of Governor Paterson, Senate Majority Leader Smith and Assembly Speaker Silver, all but ensuring its enactment into law. A copy of the proposed bill and additional analysis is available by contacting the NYSAC offices. (Ken Crannell)

Governor Signs Unemployment Insurance Extension, as Seasonal Hiring Reduces State’s Unemployment Rate
Governor David Patterson signed into law, this week, a bill extending the maximum benefit period for the collection of unemployment insurance benefits an additional 13 weeks. The Governor’s action came as the State Labor Department announced a slight reduction of the State’s seasonally adjusted unemployment rate from 7.8% in March to 7.7% in April. The State’s slight reduction in the unemployment rate occurred as national unemployment increased from 8.5% in March to 8.9% in April.

The bill signed by the Governor will allow recipients of unemployment insurance to collect for a maximum benefit period of 72 weeks. The legislation was necessary for New York to be eligible for $645 million in funding for unemployment insurance available under federal economic stimulus legislation. Approximately 56,000 New Yorkers would have exhausted their unemployment insurance benefits this month without the extension legislation according to the State Labor Department. More than 500,000 New Yorkers currently collect unemployment insurance, the highest level of beneficiaries since just after the September 11th terrorist attacks.

The Labor Department reported that the state has lost 189,000 private sector jobs since August of 2008, a number equivalent to almost half of the total new private sector jobs created in New York since 2003.

Counties throughout New York experienced an overall decline in their unemployment rates, not seasonally adjusted, as a result of increased seasonal hiring. Despite an overall decline in the unemployment rate, 22 counties all but 2 in Upstate New York exceeded the national unemployment rate of 8.6%, before seasonal adjustment. (Jeff Osinski)

First Emergency Regulations that Comply with Executive Order #17
This week, the Office of Children and Families (OCFS) issued emergency regulations stating that OCFS is changing child care subsidy regulations to address the need for child care services by families affected by the extensive loss of jobs and employment opportunities. OCFS states that changes will allow social services districts more options to serve low-income families. 

The impetus for the emergency nature of these regulations is “the serious economic conditions in the State” and the goal is to have a “positive impact on families take effect as soon as possible.” In issuing these regulations, OCFS is the first agency to inform NYSAC that they comply fully with Executive Order #17, issued on April 27, 2009, which was written to aid lawmakers in making better decisions about the impacts of proposed legislation and regulations on property taxes for New Yorkers. The Executive Order applies only to regulation and legislation from the Executive Chamber or State agencies and requires that the agencies submit a fiscal analysis of the proposals to NYSAC for our review. For more information on the OCFS regulations, please contact the NYSAC offices. (Jessica Morelli)

Legislature acts on bill easing CDL driver’s license requirements for firefighters
Both houses of the State Legislature this week passed legislation that will allow volunteer and municipal firefighters to operate emergency vehicles, such a fire trucks, without possessing a commercial driver’s license (CDL). An anomaly existed in the current law that only allowed firefighters to drive to the scene of the emergency without a CDL but the trip back required the driver to possess a CDL. The enacted State budget tried to address the issue allowing for emergency responders to drive to and from the scene without a CDL, but failed to deal with other instances when operation of the vehicles is necessary such as fire fighter training and vehicle maintenance.    

Without passage of this bill, many volunteer fire companies feared they would experience a drop off in membership forcing municipalities to contract out for fire fighting services. The bill now goes to the Governor for his approval or veto. (Pete Savage)

NYSAC and OFT Partner to Leverage ARRA Funding for Broadband Expansion
NYSAC this week coordinated a conference call with the New York State Office for Technology (OFT) and the State Chief Information Officer (CIO) to discuss an effort to develop a statewide application to leverage Federal stimulus funding to expand broadband across the state.

The effort is coupling applications for broadband funding from the American Reinvestment and Recovery Act (ARRA) with the State’s public safety interoperability project. A statewide application will be designed to include regional county consortiums that are coming together to expand broadband access in their communities.

An informational Webinar is scheduled for June 10th from 1 to 3 p.m. For more information, contact the NYSAC offices or visit www.nysbroadband.ny.gov.

Brooklyn’s Atlantic Yards Can Be Taken in Eminent Domain for Public Benefit
In the latest eminent domain case out of NY, the 2nd Department decided that public benefit outweighs private profit in deciding if land can be taken through Eminent Domain. The court rejected a literal reading of the public use clause of the New York Constitution. 

A 22 acre redevelopment project known as Atlantic Yards proposed to bring a professional basketball team, new residential units, and office space to an area in Brooklyn which had been designated as blighted. The court found that the condemnation did not violate the public use clause because it determined that the public benefits expected from the project were not incidental or pretextual in comparison to the benefit that would be bestowed upon the project’s private developer.   

Citing prior precedent, the court found that what qualifies as a public purpose or public use is broadly defined as encompassing virtually any project that may confer upon the public a benefit, utility or advantage. In NY, these terms have been held to include any use, including urban renewal, which contributes to the health, safety, general welfare, convenience or prosperity of the community.

The court found that the taking of the land is rationally related to the purpose of remedying these substandard conditions, and any incidental profit that may inure from the remediation does not undercut the public purpose of the condemnation. See Matter of Goldstein v. New York State Urban Development Corp. 2nd Dept. Decided May 12, 2009 (Robert W. Gibbon, Esq.)

The County Point: More Action, Less Talk Needed for Property Tax Relief
This week, the Governor and Legislative Leaders re-convened a leaders meeting in Albany for the purpose addressing rising property taxes in New York. Nothing could be more important as the 2009 legislative session begins to wind down. 

As the New York Times recently stated, “taxes are not an alien life form…they are a byproduct of representative government, and thus should be within the power of government to control.” Instead of exercising this control, our state lawmakers, who convene in Albany from January to June each year, have been mandating programs and services without funding them.

For decades, state leaders have been passing costs to local governments, who must then turn to property taxpayers to fund decisions enacted in Albany. We have reached a point where property taxes cannot be raised any more—our homeowners and businesses just can’t afford to keep paying for additional tax increases.

With the economic recession continuing to strangle New York’s economy, the state must and should address its spending to reflect revenue trends. Avoiding difficult decisions only increases the burden on the next generation of New Yorkers. Cost shifting to property taxpayers is the by-product of state inaction.

We must boldly address our current situation if we are to attract jobs and people back to New York. Capping state spending is a good first step towards confronting our destiny. For our part, county leaders are committed to reevaluating the functions of government, both at the state and local levels. But we can only make change if State leaders initiate spending controls. It is their decision-making in the State Capitol that has driven property taxes higher, and more and more of our businesses and people out of our state. (Stephen J. Acquario)

Call for Articles for the next NYSAC News Magazine
We are currently planning for our Summer 2009 issue of the NYSAC News magazine, which will focus on the Federal Stimulus Package and County Infrastructure Needs. We are currently seeking articles for submission.

We are looking for articles that highlight the areas of the American Reinvestment and Recovery Act (ARRA) and the infrastructure projects that counties are undertaking with federal stimulus funds. This edition of our magazine is designed to bring attention to the transportation, environmental, energy and technology infrastructure needs of county governments as we (re)build our economic foundation for the future.

Submissions should be between 750 to 1,000 words and include a high resolution (300 dpi) photograph of the author. Articles should be sent by June 12th to mlavigne@nysac.org. (Mark LaVigne)

The NYSAC County Photo Challenge
New York State counties are home to pristine landscapes, important landmarks and tourist destinations. Our county governments work hard to promote our treasures. It’s another way that our counties are working to make New York a better place to work and live, and visit!

What makes your county stand out! Let us know.

Submit photos to mlavigne@nysac.org by June 12th under the subject NYSAC County Photo Challenge. Photos will be highlighted in the Summer 2009 issue of the NYSAC News magazine and on our website at www.nysac.org. One photo will be selected to be the cover of our summer magazine. The photos should be high resolution (at least 300 dpi) at 4 by 6 inches. The cover image must be a vertical 8 by 10 inch image at 300 dpi. (Mark LaVigne)

2009 County Directory Is Now Available
We are pleased to report that the 2009 NYSAC County Directory is complete and available for purchase from NYSAC. It is the comprehensive listing of all elected and appointed county officials in the state. To order a copy of the 2009 Directory, visit www.nysac.org/About/County_Directory.php.

Follow NYSAC on Twitter
You can now follow us online through Twitter. We provide brief and regular updates about NYSAC activities. To sign up, visit us at www.nysac.org and click on the twitter sidebar. (Mark LaVigne)

Save the date for the NYSAC Fall Seminar
Plans are underway for the NYSAC Fall Seminar will be held September 16-18, 2009 in Saratoga. It will be a valuable and information-packed three day conference.

Next Week
The Senate and Assembly are scheduled to meet Tuesday, May 26th through Wednesday, May 27th.