So
far, so good on most state budget issues
By SHERRY HALBROOK
Most of PEF’s issues and concerns with the state budget are faring well.
The Legislature passed its budget on time at the end of March, and the governor
made his line-item vetoes in mid-April as this issue of The Communicator goes to
press.
At this point, the ball is back in the Legislature’s court. It can let the
vetoes stand, negotiate compromises with the governor or vote to override his
vetoes.
The governor maintains the Legislature cannot override a veto if it is based on
constitutional grounds, so some issues could end up in the courts.
The Legislature did not pass the early retirement incentive proposed by the
governor, and it rejected his proposal to create a Pension Task Force.
The lawmakers shot down the governor’s proposal to allow temporary appointments
to information technology positions that would lack union protections and
defined-benefit pensions.
Legislators also tossed out the governor’s proposal to allow privatization of
the three state university medical centers. And it rejected both his
design-build and his public-private partnership proposals for the state
Transportation Department. (See related article, page 6.)
And PEF scored another win when the Legislature rejected a proposal to hike fees
and reporting requirements to the Public Employment Relations Board for
public-employee unions.
Tax cuts are among the open issues, since the Legislature rejected the
governor’s proposal and he has vetoed those the lawmakers substituted.
Just two of PEF’s top budget priorities — Camp Pharsalia Correctional Facility
and three group homes for troubled youths — are directly affected by the vetoes.
Camp Pharsalia
The Legislature restored $5.2 million to the state Department of Correctional
Services (DOCS) budget to keep Camp Pharsalia open and operating as a
minimum-security facility. The governor had proposed closing the camp
immediately and building a much larger facility to be operated by the state
Office of Mental Health, which would house up to 500 civilly committed sex
offenders who have completed their prison sentences.
The governor vetoed the $5.2 million appropriation for Camp Pharsalia. However,
it might still remain open. PEF questions whether the governor has provided the
necessary 12-month notice to close Camp Pharsalia.
The governor had proposed amending the law requiring the 12-month notice, but
the Legislature rejected the change.
Youth facilities
The governor vetoed the $692,000 legislators restored to the state Office of
Children and Family Services (OCFS) budget to keep three group homes open in
Gloversville, Mount Vernon and Brooklyn.
The Legislature expanded from nine to 12 months the prior-notice requirement for
closing or transferring OCFS facilities to private or not-for-profit providers.
Other agencies
Other budget measures important to PEF members include:
• Mental Health — The Legislature passed a $27 million appropriation proposed by
the governor to operate new civil-confinement beds at four existing psychiatric
centers.
However, two $500,000 appropriations the lawmakers added to the budgets of the
state’s two mental health research facilities — Nathan Kline and NY Psychiatric
Institute — were vetoed.
• Parole — Legislators did not restore funding for 40 support-staff positions at
the state Division of Parole. The lawmakers did add $2.5 million to keep the
local conditional-release program running.
• Agriculture and Markets — The governor’s proposals to switch from annual to
risk-based inspections, and to eliminate 21 food inspectors was rejected by the
Legislature. The governor did not veto the $1.1 million added by lawmakers to
fund those positions.
No action was taken on the proposed $40 million for a new food testing
laboratory in Albany.
• Education Department — The lawmakers rejected the proposal to expand the
oversight the state Office of Mental Retardation and Developmental Disabilities
now has over one residential program at the state School for the Blind to
include all of the school’s residential programs.
The Legislature amended the governor’s proposal to create a Cultural Education
Trust. Its power will be limited to recommending a plan for projects at the
state Museum, Library and Archives.
• Economic Development — The lawmakers rejected the permanent extension of the
Urban Development Corporation’s loan powers and agreed to a one-year extender.
The Legislature gave the Foundation for Science, Technology and Innovation more
power to administer regional economic-partnership programs, which could threaten
work now being performed by PEF members at the Department of Economic
Development.
The Communicator May 2007
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