March 9, 2007
Legislature Passes Workers Comp Reforms; Governor to Sign
The Workers Compensation Reform agreement that was announced last week was passed by both houses of the New York State Legislature this week and is expected to be signed by Governor Eliot Spitzer without delay. The measure will increase the maximum and minimum benefits for injured workers while at the same time providing for significant savings by all New York State employers.
The bill establishes a cap on the duration of benefits under permanent partial disability, provides for new programs to combat fraud, closes the special disability fund to new claims and establishes new credits for employers against worker compensation premiums who implement eligible new safety, alcohol and drug abuse prevention or return to work programs. Each of these will provide employers with significant savings in workers compensation costs over the long term.
At the same time, the bill provides for greater employee protections, establishes an annual benefit increase schedule for injured workers, develops new initiatives to assist injured workers to return to work, and take steps to expedite the claims settlement process.
NYSAC is concerned, however, by the implementation date of the benefit increase on July 1, 2007. Although NYSAC agrees that a benefit increase for injured workers under the workers compensation system has been long overdue, this effective date comes in the middle of the county budget year. Self-Insured counties and all self-insured municipalities will have to amend previously adopted budgets to take into consideration this unanticipated additional expense.
NYSAC has long supported the need for comprehensive workers compensation reform as a way to reduce costs to taxpayers and to reduce the cost of doing business to employers in New York State. We believe these reforms will be a positive development for both injured workers and New York State employers. (Jeff Osinski)
Partners on Capitol Hill: OTDA and NYSAC
NYSAC joined the New York State Office of Temporary and Disability Assistance (OTDA) Acting Commissioner David Hansell in Washington, D.C. this week as Commissioner Hansell testified before Congress on “Recent Changes to Programs Assisting Low-Income Families.” Commissioner Hansell’s testimony focused on OTDA’s analysis of the Deficit Reduction Act and its impact on our child support program in New York State. The Deficit Reduction Act would eliminate the federal match of earned incentives and will cost New York State and the counties at least $17 million annually. According to Commissioner Hansell, sixty percent (approximately $10 million) of this lost federal support will be borne by county-run child support offices. Commissioner Hansell also explained to the Committee the real impact that this will have on counties: the vast majority of county child support program costs in New York (a full 70% percent) are used for staffing and counties will be forced to make hard choices/cuts. The Commissioner’s testimony was extremely well-received by the Committee. NYSAC and OTDA will continue to monitor this issue, as well as collaborate on effective lobbying strategies. (Jessica Morelli)
Comptroller Appoints Management Review Committee
Comptroller DiNapoli this week appointed a management review team to review five operational areas of the Comptroller’s Office operations, including the Organizational structure, personnel and recruitment, internal controls within all areas of the Comptroller’s Office, state and local audit programs, and policy development procedures.
The management review commission is expected to serve as a de facto transition team, which Comptroller DiNapoli was unable to put together since he began serving the day he was elected by the New York State Legislature.
Among the commission members is Nassau County Executive and past president of the New York State County Executives Association Thomas J. Suozzi. Other members include:
- Nancy Cantor, chancellor, Syracuse University
- George Faeth, attorney
- Alan Fishman, president, Independence Community Bank and Foundation
- Denis Hughes, president, New York State AFL-CIO
- Hugh Johnson, chairman, Johnson Illington Advisors
- Serafin U. Mariel, founder, New York National Bank
- Carol O’Cleireacain, economics and management consultant
- Sandra Shapard, former First Deputy Director, NYS Division of the Budget
- William Thompson, New York City Comptroller.
(Ken Crannell)
Assembly Speaker Appoints Chairs to Committees
Assembly Speaker Sheldon Silver released his list of Committee Chair appointments late this week. Many of the posts will continue to be held by longstanding Assemblymembers, but with recent special elections and appointments to higher office some committees important to county government, such as Social Services and Local Government, have changed. The complete list is a follows:
Committee, Chair
Aging, Steve Englebright (Suffolk)
Agriculture, William Magee (Madison, Oneida, Otsego)
Banks, Darryl Towns (Kings)
Children & Families, William Scarborough (Queens)
Cities, James Brennan (Kings)
Codes, Joseph Lentol (Kings)
Consumer Affairs & Protection, Audrey Pheffer (Queens)
Corrections, Jeffrion Aubrey (Queens)
Economic Development, Robin Schimminger (Erie & Niagara)
Education, Catherine Nolan (Queens)
Election Law, *Ann-Margaret Carrozza (Queens)
Energy, Paul Tonko (Schenectady & Montgomery)
Environmental Conservation, *Robert Sweeny (Suffolk)
Ethics & Guidance, Kevin Cahill (Dutchess & Ulster)
Government Employees, Peter Abbate (Kings)
Health, Richard Gottfried (New York)
Higher Education, *Deborah Glick (New York)
Housing, Vito Lopez (Kings)
Insurance, Alexander Grannis (New York)
Judiciary, Helen Weinstein (Kings)
Labor, Susan John (Monroe)
Libraries & Education, *Amy Paulin (Westchester)
Local Government, * Sam Hoyt (Erie)
Mental Health, Peter Rivera (Bronx)
Oversight, Analysts & Investigations, *Adriano Espaillat (New York)
Racing & Wagering, J. Gary Pretlow (Westchester)
Real Property Taxation, Sandra Galef (Putnam & Westchester)
Rules, Sheldon Silver (New York)
Small Business, Mark Weprin (Queens)
Social Services, *Keith Wright (New York)
Tourism, Arts & Sports Development, Joseph Morelle (Monroe)
Transportation, David Gantt (Monroe)
Veterans Affairs, Felix Ortiz (Kings)
Ways & Means, Herman D. Farrell (New York)
* - New Chair
(Pete Savage)
DOL Seeks Comment on Workplace Violence Prevention Act
The New York State Department of Labor (DOL) last week announced proposed regulations to implement Section 27-b of the New York State Labor Law. The Workplace Violence Prevention Act of 2006 was passed in June of last year and requires public employers to perform a workplace evaluation or risk assessment at each worksite and to develop and implement programs to prevent and minimize workplace violence caused by assaults and homicides. The Law is designed to ensure that the risk of workplace assaults and homicides are regularly evaluated by public employers and that workplace violence protection programs are implemented to prevent and minimize the potential risk to public employees.
DOL has asked for feedback on the draft regulation prior to creating final regulations. Parties wishing to submit their comments regarding the draft regulation can email David Rupport, Assistant Director of Division of Safety and Health at
david.rupport@labor.state.ny.us
Further information and compliance assistance resources can be obtained from the DOL website at:
www.labor.state.ny.us/workerprotection/safetyhealth/workplaceviolence.shtm (Adriano Bongiorno)
NYSAC Kicks Off “There Ought to be a Law” Program
Do you have an idea that you would like to see turned into a state law or public policy initiative that would help support the governance, operations or quality of life for your county?
Some State Lawmakers have recently invited their constituents to send them ideas for a new state law. Assemblyman George S. Latimer, a former Westchester County Legislator, is one of the legislators sponsoring a “Make Your Own Law” program. NYSAC applauds this program and it prompted us to consider ideas for state laws that might support the thousands of elected and appointed county officials who serve the public each day.
NYSAC is kicking off a new program called “There Ought to Be a Law.” Send us your ideas for a new law or public policy initiative to NYSAC. Be creative. NYSAC’s Legislative Team will review the submissions, package those that are applicable to the state legislative or policy development process, present them to lawmakers and encourage them to take them up as they proceed with this year’s legislative session.
Submissions should be sent to NYSAC Legislative Director Kenneth A. Crannell at kcrannell@nysac.org. Please include your name, county and contact information. (Ken Crannell)
Catskill OTB to Bid on the State’s Racing Franchise
The Catskill Off-Track Betting (OTB) Corporation this week announced they intend to make a proposal to take over the management of the New York State Franchise to operate the three thoroughbred racetracks, Saratoga, Belmont and Aqueduct. Last year, a collective of all six OTB Corporations in the state had indicated their intention to bid on the franchise to the Ad Hoc Committee on the Future of Racing, but was precluded from making a formal approval.
OTB Corporations provide an important and consistent revenue stream to county governments. Since the inception of OTBs, 30 years ago, 43 of our counties have received more than $3 billion in revenue from New York’s Off-Track Betting (OTB) Corporations. That money helps balance county budgets without having to look to local taxpayers to close the revenue gap.
One of the primary motivations for Catskill OTB’s announcement this week is to ensure that counties continue to have a role in the future of horse racing in New York State. Catskill OTB member counties include Rockland, Putnam, Chenango, Orange, Broome, Chemung, Dutchess, Tioga, Ulster and Sullivan. (Mark LaVigne)
Government Law Center to Host Program on Native American Gaming
On March 16th, the Government Law Center at Albany Law School is holding a one day program on “The State of Indian Gaming in New York.” Speakers include Madison County Attorney John Campanie, Special Counsel to Governor Eliot Spitzer Richard Rifkin, Nixon Peabody Attorney David Schraver, who serves as counsel to member counties and many others.
The process for reaching gaming compacts has been a consistent theme for the NYSAC Standing Committee on Native American Affairs and Gaming. New York has seven federally recognized Indian tribes. Three of those tribes operate four casinos in NYSAC member counties. Additional casinos have been proposed for other member counties.
For more information on this one day program and to register, visit:
www.albanylaw.edu/media/user/indian_gaming.qxd.pdf. (Mark LaVigne)
Next week
- The Senate and Assembly will be in Session on Monday, Tuesday, Wednesday and Thursday of next week.
- The Senate and Assembly are expected to pass their respective one-house state budget measures and begin the join conference committee.