Consumer Protection Board

The Enacted Budget makes no changes to the Executive Budget’s State Operations appropriations (analysis as of March 31, 2009)

According to the Assembly Yellow Book, (analysis as of December 31, 2008):

• The Executive recommends a $400,000 reduction in a Special Revenue Other appropriation to fund expenses of this Agency associated with the enforcement of the telemarketing sales calls law and enforcement of the New York Motor Fuel Marketing Practices act.  This funding reflects a reduction of $130,000 in funding from current year funding of $530,000 and reflects the impact of SFY 2009-10 savings initiatives including the reduction of travel and discretionary consumer public service advertising.

According to the Senate White Book, (analysis as of December 31, 2008):

• $320,000 was eliminated in funding for the Office of the Airline Consumer Advocate (Assembly refers to this office as the Office of Airline Passenger Consumer Rights), as a recent Federal ruling determined establishment of the Office was unconstitutional. 
• Funding is reduced by $124,000 to reflect the removal of a vacant position in the current year and savings accrued from other management efficiencies. 

The Executive Budget recommends (analysis as of December 16, 2008):

A SFY 2009-10 workforce of 33.  This maintains the level of FTEs from the adjusted FTE level for FY 2008-09.  The following chart identifies adjustments in the current fiscal year’s FTEs along with the recommended differences in FY 2009-10 FTEs by program (if the FTE’s are the same the program is not listed):

• The difference between the estimated FTEs for SFY 2008-09 and the adjusted level of 2008-09 FTEs is -6.  This should be addressed at statewide labor management. 

• The total appropriation for Personal Service is $2.6 million, a $69,000 decrease (-2.6%) from SFY 2008-09.  The decrease reflects a $2.2 million or a 734.3% increase in the Consumer Protection Board’s personal service General Fund appropriation, while the Consumer Protection Board, Public Service SRO account’s personal service appropriation decreased by $2.3 million or -100%.  This may represent a shift in funds, since all of the funding for the Public Service SRO account has been eliminated.  This apparent funding shift/change should be addressed at statewide labor management.  However, the Agency Presentation shows a net decrease of $211,000 in the personal service appropriation from the adjusted SFY 2008-09 agency appropriation.  This discrepancy reflects adjustments made during the fiscal year due to the agency-wide reductions that were made and the Special Pay Bill, which contained negotiated union raises.

• An All Funds decrease of $1.6 million (-31.5%) from SFY 2008-09.  However, the Agency Presentation shows that there is a $1.8 million decrease from the adjusted SFY 2008-09 appropriation.  The difference in the amount of the decrease reflects adjustments made during the fiscal year due to agency-wide reductions and the Special Pay Bill, which contained negotiated union raises.  The Agency Presentation notes that this decrease primarily reflects the shifting of fringe benefits and indirect costs to General State Charges and nonpersonal service savings.  The General Fund is now the primary source for funding this agency.

• The Consumer Protection Board employed 1 employee under consultant contracts in SFY 2008-09 at an estimated cost of $40,000.  It is estimated that CBP will maintain the amount of funding and the number of employees under consultant contract in SFY 2009-10.  The purpose of this consultant employee and whether their work could be performed by a state employee should be discussed at statewide labor management.

• The following program had a substantial increase in the proposed contractual services appropriation when compared to SFY 2008-09:

Consumer Protection Program ($358,000 or 100%).  The SRO contractual service appropriation may have been shifted to the general fund.  The purpose of this contract and the change in funding should be discussed at statewide labor management.

• The following programs had substantial decreases in the proposed contractual services appropriation when compared to SFY 2008-09:

Consumer Protection Program:

• Telemarketing Registry/Motor Fuel, SRO (-$127,000 or -51.8%).
• Public Service account, SRO (-$499,000 or -100%) and Maintenance Undistributed for suballocation to the Office of the Inspector General (-$3,000 or -100%).