March 16, 2007
Budget Process Continues
This week, amid heated exchanges between the Governor and Legislative Leaders, the Senate and Assembly began formal budget negotiations by convening joint budget subcommittees, which have been formed to reach consensus between the two houses on a spending plan for the 2007-2008 state fiscal year.
Before the subcommittees can begin serious discussions, the General Conference Committee must reach consensus on how much each subcommittee is authorized to spend. However, the General Conference Committee has not yet established spending targets for the subcommittees. Budget subcommittees are scheduled to meet through next week with final reports due on March 28th.
If you have any specific questions regarding the state budget, please contact the NYSAC offices. (Ken Crannell)
Early Intervention Needs YOUR Early Intervention: Act Now!
NYSAC sent a memo to all county chief elected officials encouraging them to reach out to members of their Assembly and Senate delegations this week and next to express support for the Governor's proposal on El Third Party Health Insurance. NYSAC is extremely supportive of the Governor’s proposal in this important issue area and we are urging immediate action during the Budget Conference Committee process. This action alert was sent as a result of the Assembly and Senate failing to include the Governor’s EI Third Party Insurance proposal in their one-house budgets. Counties are asked to use the sample letter provided to fill in your county-specific information and send it to your delegation, as well as key members of the Assembly and Senate Insurance and Health Committees. Please contact NYSAC if you have any questions. (Jessica Morelli)
State Comptroller Offers Opinion on County Chargebacks for Election Expenses
This week, New York State Comptroller Thomas P. DiNapoli released Opinion 2007-2 regarding the chargeback of election expenses by a county to towns and cities within a county. Chapter 180 of the Laws of 2005 amended the County Law and Election Law to allow counties to chargeback a portion of county expenses incurred during the administration of an election. However, this Chapter posed ambiguities for Counties and their local election commissioners, specifically, whether expenses such as compensation for election inspectors and expenses for the maintenance and repair of voting machines are eligible for charge back.
The Comptroller ruled that counties may charge back to towns and cities a portion of the types of expenses connected with elections, including the expenses of election inspectors and expenses relating to the repair and maintenance of voting machines. The Comptroller added that Counties may apportion those costs among the cities and towns using any method the county may reasonably determine is equitable. The Comptroller added that while Counties may not turn over the care and custody of voting machines to towns and cities, Counties are permitted to enter into leases with towns and cities to store the voting machines in facilities owned by the towns and cities.
To download a PDF copy of the opinion, visit
www.nysac.org/Policy_and_Research/documents/OSCElectionChargebacks.pdf.
(Adriano Bongiorno)
Civil Commitment Bill Signed into Law
Governor Eliot Spitzer this week signed legislation that will provide for the civil commitment of certain sexual predators. “This legislation will improve our ability to properly confine the most dangerous sexual predators,” said Governor Spitzer. Spitzer believes this measure will cost New York State approximately $80 million annually and will require mental health professionals to determine whether an inmate is predisposed to committing sex offenses in the future. Governor Spitzer believes this legislation may affect as many as 1,500 inmates and possibly some offenders currently on parole.
The law mandates treatment during incarceration and after release for all sex offenders, increases lengths of parole, establishes a new crime of sexually motivated felony and creates an Office of Sex Offender Management. The measure requires inmates to appear before a jury, prior to release, to make the final determination on whether they pose a threat to society. A judge would then decide how to manage the individual, either through confinement for the highest risk offenders, or through release with intensive supervision.
Under this agreement, Attorney General Andrew Cuomo will play an important roll in the judicial process determining the continued confinement of the most dangerous sex offenders. (Adriano Bongiorno)
NYSAC Publishes Workers Compensation Reform Report
Reform of the New York State Workers Compensation Law has been a NYSAC legislative priority for the past decade. Estimates developed by the Office of the State Comptroller indicate that workers compensation cost counties outside the City of New York almost $145 million in 2005.
The Governor this week signed into law a workers compensation reform package that was negotiated by the Governor, legislative leaders and representatives of the New York State AFL-CIO and the Business Council of New York State.
NYSAC has analyzed the new law and its impact on our member counties. To download a copy of the report, visit www.nysac.org. (Jeff Osinski)
Judge Opens the Books on Empire Zone Tax Cuts
The State Department of Economic Development this week released tax incentive information on close to 10,000 projects sponsored by Empire Zones from across the state. The information was released as a result of a Freedom of Information lawsuit filed by the Syracuse Post Standard. The Empire Zones were started in 2000 with a $30 million allocation in the State Budget. There are currently 82 Empire Zones, which will provide close to $558 million in economic development incentives this year, according to the Post Standard. (Jeff Osinski)
Legislature Introduces a Bill to Reverse State Trooper Plea Bargain Rule
Senator John Bonacic and Assemblyman Joseph Lentol have introduced legislation (S. 3445/A.6505) which seeks to overturn a newly enforced regulation imposed by the New York State Police Superintendent that prohibits members of the State Police from plea-bargaining vehicle and traffic violations. The bill seeks to streamline court administration and reduce local prosecutorial expenses.
Last year, the bill was overwhelmingly approved by the Senate and the Assembly. Governor Pataki vetoed the legislation despite the strong support of NYSAC and the law enforcement community. NYSAC will advocate once again for the passage of the bill. (Adriano Bongiorno)
Former Erie County Clerk Commissioner of DMV
Next time you renew your driver’s license the signature above your photo with be David J. Swarts, former Erie County Clerk.
This week Mr. Swarts was confirmed by the New York State Senate as the Commissioner of the Department of Motor Vehicles. At the committee hearing before the vote of the full Senate, Commissioner Swarts stressed that he and his staff will work on a variety of issues including increasing driver safety education, working with the federal government on the implementation of the Real ID act and keeping open lines of communication between the State DMV and local County run DMV offices.
Members of the New York State Association of County Clerks, lead by Association President and Saratoga County Clerk Kathy Marchione, gave testimony before the Senate Transportation Committee supporting the appointment of their former colleague. (Pete Savage)
State Official Tapped to Head Commission on Local Government Efficiency
John Clarkson was tapped by Governor Eliot Spitzer to serve as executive director for the Commission on Local Government Efficiency. The members of the Commission have yet to be appointed. Mr. Clarkson has a long-standing working relationship with NYSAC in his prior capacity in the Office of the State Comptroller Local Government Unit. NYSAC looks forward to working with Mr. Clarkson and the Commission.
No-go for temporary cell towers along Northern I-87
Governor Spitzer announced this week that the state will not immediately install temporary cell phone towers along the Adirondack Northway section of Interstate-87. The Governor’s office said the temporary siting of cell phone towers along I-87 can't be enacted by an executive order, which was the request of several North Country lawmakers lead by Senator Betty Little (R, Clinton, Essex, Franklin, Hamilton, Warren & Washington).
Towers in the environmentally sensitive area would require approval from both federal highway authorities and the Adirondack Park Agency and might be prohibited by the state constitution.
Increased calls for enhanced cell phone coverage along the mountainous section of highway came to head a few months ago after a Brooklyn couple crashed their car and could not call for assistance due to lack of cell phone coverage. One of the couple died hours later from hypothermia. (Pete Savage)
NYSAC To Co-Host 2007 County Finance School
The New York State Association of Counties, in conjunction with the Office of the State Comptroller and the New York State County Treasurers and Finance Officers Association, will host the 2007 County Finance School at the Sheraton Syracuse University Hotel on May 2-4, 2007. This year’s school will offer an array of programs designed to support county budget operations and other critical financial issues. For more information, check our Web site at www.nysac.org. (Jeanette Stanziano)
Next week
- The Senate and Assembly will be in Session on Monday, Tuesday, Wednesday and Thursday of next week.
- Joint Legislative Budget Committees are expected to continue meeting next week to negotiate the budget.