Civil Service Enforcement/Research Department
TO: Roger Benson
FROM: Thomas Cetrino, Susan Mitnick, Steve Connolly, Kristie Sammons, Mike Marinello and Jeff Waggoner
DATE: April 4, 2006
RE: SFY 2006-07 Final Enacted Budget – Summary of Major Provisions
The Assembly and Senate passed all legislation necessary to enact a budget for SFY2006-07. This memo summarizes the final action taken by the legislature on PEF’s budget priorities and other major changes the legislature made to state agencies’ state operations budgets. If a state agency is not mentioned in this memo then it means that the legislature made no major changes to that agency’s state operations budget. It is possible that the Governor will veto some of the Legislature’s recommended changes and that could affect some of PEF budget priorities.
In general PEF was very successful in achieving most of its major budget priorities. However, they remain vulnerable until final action is taken by the Governor.
In addition to this memo we will be mailing Executive Board members a more detailed spreadsheet analysis of their agencies’ final enacted budgets. These analyses will also be posted on the PEF website in the Budgets section early next week. We will also update you on any actions the Governor may take on the SFY2006-07 budget enacted by the Legislature.
EDUCATION, LABOR AND FAMILY ASSISTANCE (S6453-C/A9553-C & S6458-C/A9558-B)
Office of Children and Family Services
Priorities:
- Reject the proposal to privatize a current OCFS “minimum security” facility.
- Reject the proposed closure of three community residences in Gloversville, Mount Vernon, and Brooklyn.
- Restore the 60 FTE positions that are eliminated due to these proposals.
Action:
- Restores $691,000 for the operation of three group homes, and the 18 FTE positions attached to them. The Assembly language allowing nonprofits to operate these homes was dropped.
- Expands the current law requiring notice for the closure of any OCFS facility from 9 to 12 months, and includes the same notice for staffing reductions and/or the transfer of operations to a private or not-for-profit entity. Expands existing language providing that the Commissioner must consult with other agencies to develop strategies to minimize the impact on the state workforce by providing assistance in obtaining state or other employment to specify employment in state-operated community-based services or other employment opportunities, and includes consumer advocacy groups in the notification process. While this language does not prohibit the privatization of any OCFS facility it makes it much more difficult to do so.
- 42 FTE Youth Facilities positions were to be eliminated through attrition under the Executive Budget’s privatization proposal. The Legislature did not restore funds for these positions despite making it almost impossible to privatize an OCFS facility in the current fiscal year.
Other Actions:
· Directs that OCFS, in conjunction with DCJS, conduct a study of the prevalence, needs and services for sexually exploited children, to be provided to the Governor and Legislature by December 31, 2006. The group home restoration is not linked to this issue.
· Reduces nonpersonal service appropriation in the Central Administration Program by $1.8 million, which makes it the same appropriation as the SFY2005-06 enacted appropriation.
SUNY
Priority:
- Reject once again the proposal to authorize the SUNY Board of Trustees to transfer the SUNY hospitals to the private sector.
Action:
- The enacted budget rejects this proposal.
State Education Department
Priorities:
- Reject the proposal to give the Office of Mental Retardation and Developmental Disabilities greater oversight over residential programs the State School for the Blind.
- Reject the proposal to establish a Cultural Education Trust.
Action:
- Rejects the Executive’s proposal to expand OMRDD oversight to all of the residential programs at the School for the Blind.
- Amends the Executive’s proposed Cultural Education Trust, making the Chancellor of the Regents the Chair of the Trust and giving the Governor, Board of Regents, Assembly Speaker, and the Senate Majority Leaders each an appointment to the board of the Trust. The power of the Board is limited to recommending a plan in cooperation with the Commissioner of Education to the Director of the Budget regarding projects to enhance the public displays and collections of the State Museum, Library and Archives. Rejects the Executive’s proposal to create a Cultural Education Trust account in state finance law but the account still appears in the SED appropriation bill.
Other Actions:
- Increases the Office of Higher Education and Professions program maintenance undistributed appropriation by $3.3 million for tenured teacher hearings.
Department of Labor
Other Actions:
- Approves the proposed transfer of the radiological unit from DOL to the Department of Health.
- Appears to have left intact the Executive Budget’s specific funding sources in the Administration program and the DOL Fee and Penalty account for the UI modernization program. It is unclear whether the Legislature authorized “sweeping” funds from other DOL programs to the UI Modernization program.
Office of Temporary and Disability Assistance
Other Actions:
- Decreases the Executive’s proposed Systems Support & Informational Services’ maintenance undistributed appropriation by $2 million, which is an appropriation for the welfare management (CONNECTIONS) system.
- Rejects the proposal to impose “Full Family Sanctions” on cases in which the head of the household fails to meet work requirements.
TRANSPORTATION, ECONOMIC DEVELOPMENT AND ENVIRONMENTAL CONSERVATION (S6455-C/A9555-C & S6459-C/A9559-B)
Department of Transportation
Priorities:
- Reject the proposed Art. VII legislation which would implement “Design Build” and “Transportation Facility Development Partnership” programs.
- Amend the proposal to permanently extend the State Single Audit Act for the Department of Transportation so it is only extended for one year in order to study whether such audits can be completed by State employees at a lower cost.
Action:
- Rejects both the Design Build and Transportation Facility Development Partnership proposals.
- Agreed to a one-year extender of the Single Audit Act.
Other Actions:
- Agreed on a highway and bridge construction/maintenance letting level of $1.85 billion. Included a proposal that requires the Governor to submit a comprehensive financial plan for the Dedicated Highway and Bridge Trust Fund (DHBTF).
- Reduces the Dedicated Highway and Bridge Trust Fund (DHBTF) support for the Department of Motor Vehicles operating budget by $20 million. In theory, this would leave an additional $20 million in the DHBTF that could be used to support in-house engineering services.
Agriculture & Markets
Priority:
- Reject the proposal to establish a program of risk-based inspections of retail food stores, pet dealers and breeders replacing the current annual inspection program. Restore 21 food inspector positions.
Action:
- Restores $1.1 million in a maintenance undistributed appropriation in the Consumer Food Services program for services and expenses related to 21 food inspectors. This reflects the Legislature’s rejection of the Executive’s proposal to replace annual inspections with risk-based inspections of retail food stores, pet dealers and breeders.
Other Actions:
- Rejects the Executive Budget proposal for a $40 million capital project appropriation to construct a new food laboratory in Albany County. This issue may be addressed later in the legislative session.
- Rejects the Executive proposal to increase penalties for violations of food safety rules and instead requires the department to do a study by February 1, 2007 on the adequacy of existing penalties and to make recommendations for any new penalties.
- Allows the department to enter into a contract or cooperative agreement with federal, state, local, and educational entities under which the department’s laboratory services can be made available to these entities.
Department of Economic Development
Priority:
- Reject the proposal to make the Urban Development Corporation loan powers permanent.
Action:
- Rejects he permanent extension of the UDC loan powers and agreed to a one year extender.
Other Actions:
- Reduces the proposed maintenance undistributed appropriations for the Economic Development Program by $225,000 in the International Trade Account. According to the Senate this reflects the Legislature’s rejection of the creation of an office in Shanghai, China. The appropriation is still $800,000 more than the enacted appropriation for SFY 2005-06.
· Allows DED to accept federal or municipal certification of Minority and Women Business Enterprises (MWBE).
· Appoints the current NYSTAR board as the interim board of the Foundation for Science, Technology and Innovation (Foundation) which was created last year.
- Requires the Foundation to develop a strategic plan to encourage cutting-edge research and develop a statewide intellectual property policy to assure that innovations resulting from academic research are commercialized in New York State.
· Specifically states that the purpose of the Foundation’s Regional Partnership program is to promote regional economic assistance by certifying partnerships that promote technology enhancement and innovation which will work in coordination with technology development organizations.
· Makes the Foundation’s Regional Partnerships eligible for grants and loans from the Urban Development Corporation’s (UDC) JOBS NOW and Economic Development Fund programs.
· NYSTAR appropriations are transferred to new Foundation and “where appropriate” made available to Regional Partnerships.
· UDC must submit a comprehensive financial plan to the Legislature and Governor.
· Requires DED to develop a statewide master plan for marketing.
Environmental Conservation
Other Actions:
- Decreases by $1 million the proposed maintenance undistributed appropriation in the Fish, Wildlife, and Marine Resources Program’s Conservation account, leaving funding at the same level as SFY 2005-06. This reflects the Legislature’s rejection of the Governor’s proposal to increase regulation of wetlands not regulated by the federal government.
- Adds $6.25 million General Fund maintenance undistributed appropriation to the Air and Water Quality program for services and expenses of the activities of the air resources program. This appears to be related to the Legislature’s rejection of the Executive Budget proposal to increase the Title V (Clean Air Act) per ton operating permit fees which would have funded these services.
- Funds the Environmental Protection Fund at $187 million, $7 million more than proposed by the Governor. Also provides for a permanent $50 million increase in Real Estate Transfer Tax revenue dedicated to the fund in SFY2007-08 and beyond.
Department of Motor Vehicles:
Other Actions:
- Adds a $20 million General Fund maintenance undistributed appropriation to the Administration program for DMV’s services and expenses. This is related to the Legislature’s elimination of DMV’s $20 million in support from the Dedicated Highway and Bridge Trust Fund.
- Decreases by $1 million the Special Revenue-Other appropriation for the Administration program; the appropriation is now at the same level as the enacted SFY2005-06 appropriation.
- Eliminates the $596,000 Special Revenue-Other appropriation for the Internet Point Insurance Reduction Program within the Transportation Safety program. $64,000 of this eliminated appropriation was for personal services.
Department of Taxation and Finance
Other Actions:
- Decreases the Department’s total State Operations appropriation by $1.6 million in the following areas:
- decreases by $400,000 the personal services appropriation and by $200,000 the non-personal services appropriation for the Audit, Collection and Enforcement Program which, according to the Senate Majority, would have funded 10 FTE positions;
- eliminates a $1 million maintenance undistributed appropriation for the Revenue Processing and Reconciliation Program.
Division of Lottery:
Other Actions:
- Adds $5 million to the Administration Program.
PUBLIC PROTECTION AND GENERAL GOVERNMENT (S6450-C/A9550-C & A6456-C/A9556-B)
Division of Parole
Priority:
- Reject the proposed reductions of 40 parole support staff positions.
Action:
- Accepts the Executive Budget proposal to reduce 40 parole support staff positions.
Other Actions:
- Adds $2.5 million to the Division’s budget reflecting the rejection of the Executive Budget proposal to repeal provisions of the local conditional release program.
Department of Correctional Services
Priority:
- Amend the proposal to create a broad exemption to the new law requiring one-year notice of a correctional facility closure by substituting a specific exemption for Camp Pharsalia.
Action:
- Rejects the proposed exemption to the one-year notice law.
- Restores $5.2 million to continue to operate Camp Pharsalia as a DOCS minimum security facility in SFY 2006-07.
Other Actions:
- Adds $100,000 for global positioning devices for employees at Cayuga, Auburn, or Elmira Correctional facilities (does not specify that this is for PEF members).
- Adds $1.3 million in capital funding for employee housing units at sites including Great Meadow and Willard correctional facilities.
Early Retirement, Pension, Health Insurance and Civil Service Issues
Priorities:
- Amend the proposed targeted early retirement incentive (ERI) and allow a non-targeted 25/55 ERI window that does not require positions to be abolished if the incumbent receives an ERI.
- Reject the Executive proposal to create a Pension Task Force.
- Reject the proposal to allow temporary five-year appointments to information technology (IT) project jobs and only allow such employees to receive a defined contribution retirement benefit.
Action:
- Both the Assembly and Senate did not act on the ERI proposal but will continue to discuss the Governor’s targeted ERI proposal and PEF’s non-targeted 25/55 proposal during the remainder of the legislative session.
- Rejects the Pension Task Force proposal. However appropriation language that appropriates the State’s pension contribution stills refers to the Pension Task Force as the Legislature is constitutionally unable to delete that reference. The Comptroller has stated that he will not allow State pension funds to support such a task force but the Governor can still appoint and fund his own task force.
- Rejects the complete temporary IT employee proposal.
Public Employee Relations Board
Priority:
- Reject the proposed increased fees and more extensive reporting requirements for public sector unions to make to Public Employment Relations Board.
Action:
- Reject this complete proposal.
Office for Technology
Other Actions:
- Reduces the Internal Service Fund appropriation for the operation of the consolidated State data center by $3 million which reflects the Legislature’s rejection of new initiatives including storage capability enhancements and e-mail back up.
- Eliminates a $75 million capital appropriation for the construction of a new consolidated data center.
State Police
Other Actions:
- Adds a $1 million maintenance undistributed appropriation to the Criminal Investigation Activities Program to reflect the denial of the use of a new aggregate weight standard for laboratory analysis of illegal drug evidence.
Alcoholic Beverage Control
Other Actions:
- Adds $700,000 to the Compliance Program for nine field investigators.
- Adds $250,000 to the Compliance Program for a problem premises task force to investigate offenses that pose threats to public safety.
- Reduces the Administration Program by $2.04 million in nonpersonal services due to the rejection of the Governor’s proposal to raise fines. The Administration program’s nonpersonal services appropriation is still 5.7% higher than the SFY2005-06 enacted nonpersonal services appropriation.
Division of Criminal Justice Services
Other Actions:
- Reduces the maintenance undistributed appropriation in the Administration Program by $3 million to reflect the rejection of the proposed automated speed enforcement program.
State Board of Elections (the appropriation for Elections is in A9555C/S6455C-- the Transportation, Economic Development and Environmental Conservation bill, instead of the Public Protection, General Government bill)
Other Actions:
- Eliminates a $10 million Special Revenue-Federal appropriation for Help America Vote Act (HAVA) implementation.
- Adds $5 million in an Aid to Localities General Fund appropriation to provide localities with funding to help meet HAVA’s poll site accessibility requirements.
Office of General Services
Other Actions:
- Reduces the nonpersonal services appropriation for the Executive Direction Account in the Executive Direction Program by $77 million which reflects the Legislature’s rejection of the Executive Budget proposal to allow OGS to make centralized bulk purchases of electricity and other commodities for political subdivisions, public authorities, public benefit corporations and localities.
Department of Law
Other Actions:
- Adds a $1.6 million maintenance undistributed appropriation to the Litigation Settlement and Civil Recovery Account (Special Revenue-Other) in the Counsel for the State Program.
- Adds $2.9 million in federal funds to the Medicaid Fraud Control Program in a new maintenance undistributed appropriation in the Federal Health and Human Services Account.
Department of Civil Service
Other Actions:
- Reduces the nonpersonal services appropriation in the Administration Program by $1 million which reflects the denial of the department’s request to hire outside counsels and consultants to defend the Department against a pending legal action.
Workers Compensation Board
Priority:
- Reject the Governor’s proposed changes (S6461/A9551) in the workers compensation program that puts limits on benefits for workers, particularly those who have permanent partial disabilities due to workplace injuries and limit a claimant’s rights to a fair and full hearing.
Action:
- The Legislature did not take any action on the Governor's bill to make sweeping changes in the Workers Compensation Law. Legislative leaders indicated that this issue may be addressed after the budget is settled.
General State Charges
PEF requested that both houses reject the Executive’s proposal to authorize use of certain interest earnings to offset costs of health insurance for public employees and retirees until all parties were sure that it does not result in a cost shift to State employees. PEF then explored this issue in detail with the Comptroller’s Office and Assembly and Senate fiscal staffs. We determined that this proposal did not shift any additional health care costs to State employees or retirees. Both houses then included the Executive proposal in S6456-C/A9556-B.
HEALTH AND MENTAL HYGIENE (S6454-C/A9554-C & S6457-C/A9557-B)
Office of Mental Health
Other Actions:
- Adds $150,000 to the Administration and Finance Program for a study to review the financing and reimbursement of mental health services provided by Article 31 clinic, continuing day treatment and day treatment programs.
- Adds $500,000 to the Research in Mental Illness Program for 4 additional research scientist positions at the NYS Psychiatric Institute for schizophrenia research.
- Adds $500,000 to the Research in Mental Illness Program for 5 additional research scientist or research psychiatrist positions at the Nathan Kline Institute for Psychiatric Research for dementia, schizophrenia and mental health services research programs.
- Adds $5 million in capital funding for St Lawrence Psychiatric Center, presumably related to the treatment of sexually violent offenders.
- Eliminates $130 million in capital funding for the conversion of DOCS Camp Pharsalia to a secure treatment facility for persons civilly committed as sexually violent offenders. Funding for improvements to existing OMH facilities ($85.5 million) for civilly committed sexually violent offenders was approved.
- Gives the Dormitory Authority the authority to sell part of the land at Creedmoor Psychiatric Center to the Indian Cultural and Community Center.
Department of Health:
Other Actions:
- Decreases the All Funds appropriation by $1.8 million, to a total of $4.65 billion. This decrease includes an overall $1.5 million decrease in General Fund appropriations and an overall $300,000 decrease in Special-Revenue Other appropriations.
- Decreases the Executive’s proposed Administration and Executive Direction Program’s non-personal service appropriation by $1.5 million, a $610,000 decrease from the program’s non-personal service appropriation in the enacted SFY2005-06 budget.
- Decreases the Center for Community Health Program’s maintenance undistributed appropriation by $2 million by eliminating the appropriation for services and expenses related to an early intervention fiscal agent. There is still a $4.9 million maintenance undistributed appropriation for other Center for Community Health programs.
- Decreases the Office of Managed Care Program Special Revenue Other appropriation by $300,000, which is due to the elimination of funding for the new Managed Care Review account.
- Adds $2 million to the Office of Medicaid Management Program’s maintenance undistributed appropriation for activities related to the maximization of the Federal Medicare Part D drug program.
- Accepts the Governor’s allocation of funds to the Roswell Park Cancer Center, including the Executive’s proposal that a portion of funds from the anti-tobacco program be allocated to Roswell Park for cancer research.
- Rejects the Governor’s proposal to eliminate the Family Health Plus for employees working in businesses with more than 100 employees (Anti-Wal-Mart provision).
Office of Medicaid Inspector General:
Other Actions:
- Makes no changes to the Executive Budget’s appropriation for the Office.
- Omits Article VII language that establishes the Office, moves employees from other agencies to it, and provides its statutory direction. The Senate and Assembly cannot agree on the length of the term of office for its Director and whether or not to permit independent citizens to bring lawsuits on Medicaid fraud. It is unclear how this dispute will be resolved and how the office will operate without statutory authorization and direction.
TAX CUTS (S6460-C/A9560-B)
Priority:
- Reject the proposed tax cuts that benefit wealthy New Yorkers at the expense of working families. Estimated Revenue: Up to $927 million in SFY 2006-07, $3 billion in SFY2007-08, $4 billion in SFY2008-09 and SFY2009-10, and $4.5 billion in SFY2010-11.
Action:
- Enacted tax cuts that will total $1.59 billion in SFY2006-07 and $2.5 billion in SFY2007-08, significantly less than the Governor’s and Senate’s proposed tax cuts. In addition the Governor’s tax cuts were mostly geared to wealthy New Yorkers and corporations while the legislature’s tax cuts are mostly geared to low and middle-income families. The NY Business Council has criticized the lack of corporate tax cuts. The major tax cuts enacted by the legislature include:
- Property Tax Rebates for Homeowners. All property taxpayers, regardless of their income or the relation of their income to their property tax burden, will receive a check from the State in September or October 2006 equal to 30% of the value of their 2005-06 STAR homestead exemption. The legislature claims that most homeowners will receive between $300 and $800 under this program but the Fiscal Policy Institute believes that most will receive less than $300 and that some will receive more than $800. The total cost of this tax cut is estimated at $805 million in SFY2006-07 and $960 million in SFY2007-08.
- Child Tax Credit. Taxpayers will receive a State personal income tax credit equal to 33% of their federal child personal income tax credit for each child between the ages of 4 and 17. Most middle-income families with adjusted gross incomes of less than $110,000 receive a $1,000 federal credit per child so their State income tax credit would be $330 per child. The federal and State credits are reduced for families with adjusted gross incomes over $110,000. The income level at which this credit is completely phased out depends on the number of children that a taxpayer has. The legislature intended to ensure that all families with children that have incomes below $17,000 received at least a $100 refundable tax credit under this program. The total cost of this tax cut is estimated at $0 in SFY2006-07 and $600 million in SFY2007-08. While this tax cut is effective for the 2006 tax year, there will be no fiscal impact until tax returns for the 2006 tax year are filed in early 2007.
- State Sales Tax on Clothing. As of April 1, 2006, the state portion of the sales tax (4%) is eliminated on items of clothing and footwear costing less than $110. Counties have the option of eliminating their portion of the sales tax on these same items. The total cost of this tax cut is estimated at $587 million in SFY2006-07 and $606 million in SFY2007-08.
- Reduce State Income Tax Marriage Penalty. Increases the standard deduction for married taxpayers filing jointly to $15,000 which is double the standard deduction for single tax payers. The total cost of this tax cut is estimated at $15 million in SFY2006-07 and $41 million in SFY2007-08.
cc: Executive Board,
Council Leaders,
Statewide Labor Management Chairs