| PART | DESCRIPTION | STARTING PAGE NUMBER |
|---|---|---|
| A | Amend the Education Law to provide a one-year reduction in School Aid, adjust the planned phase-in of Foundation Aid, provide mandate relief to school districts and make other changes necessary to implement the Executive Budget | 5 |
| B | Merge the New York State Theatre Institute with the Empire State Plaza Performing Arts Center | 7 |
| C | Increase academic standards for non-remedial Tuition Assistance Program (TAP) recipients | 7 |
| D | Amend the eligibility requirements for the Tuition Assistance Program (TAP) relating to students in default on federal loans | 8 |
| E | Eliminate the Tuition Assistance Program (TAP) eligibility for graduate students | 9 |
| F | Include public pension income in Tuition Assistance Program (TAP) award calculations | 10 |
| G | Enhance flexibility for the state and city universities of New York in the areas of procurement and capital construction | 11 |
| H | Pro-rate Tuition Assistance Program (TAP) awards for students enrolled in between 10 and 14 credits per semester, using 15 credit hours per semester as the basis for full TAP awards | 12 |
| I | Eliminate the Tuition Assistance Program (TAP) award enhancements for TAP applicants with multiple family members in college | 13 |
| J | Establish the New York Higher Education Loan Program | 14 |
| K | Authorize the State University of New York (SUNY) and the City University of New York (CUNY) to establish differential tuition rates for non-resident students | 16 |
| L | Expand investment choices for the Optional Retirement Program for the State University of New York to include corporations that manage or invest in mutual funds | 17 |
| M | Eliminate the Middle Class STAR rebates and decrease corresponding New York City credit amounts | 18 |
| N | Change the STAR “floor” adjustment from 11 percent to 18 percent | 19 |
| O | Eliminate the requirement for the Division of Housing and Community Renewal to maintain local rent administration offices | 20 |
| P | Establish a youth programs block grant | 21 |
| Q | Reauthorize child welfare financing and eliminate state reimbursement for Community Optional Preventive Services (COPS) | 22 |
| R | Make permanent the authority of the Department of Motor Vehicles to suspend the driver licenses of persons delinquent in the payment of child support | 24 |
| S | Discontinue the work incentive bonus for local social services districts engaging at least 50 percent of their public assistance population in eligible work activities | 25 |
| T | Align the cash benefit of public assistance recipients in chemical dependence residential treatment facilities with the benefit of those recipients residing in comparable settings | 26 |
| U | Reduce the increase in the total benefit amount for Supplemental Security Income (SSI) payments by reducing state supplemental benefits for recipients in the community and authorize the pass-through of the 2010 federal cost-of-living-adjustment (COLA) | 27 |
| V | Increase the Office of Temporary and Disability Assistance’s (OTDA) access to the Department of Taxation and Finance’s Wage Reporting System records in order to obtain income eligibility data to access additional federal revenue | 28 |
| W | Remove the 12 month notice requirement prior to youth facility closures | 29 |
| X | Modify the fee structure for the Statewide Central Registry (SCR) clearance checks | 30 |
| Y | Increase the Public Assistance Grant | 31 |
| Z | Extend the Unemployment Insurance (UI) interest assessment surcharge | 32 |
| AA | Provide for the assessment of civil penalties in appropriate human rights cases | 33 |
| BB | Increase boiler inspection and asbestos licensing, certification, and notification fees | 34 |
| CC | Expand enforcement mechanisms and civil penalties regarding explosives and update provisions relating to pyrotechnics | 35 |
| DD | Include certification requirement for crane operators and impose civil penalties for non-certified crane operation on operators and their employers | 36 |
MEMORANDUM IN SUPPORT
A BUDGET BILL
submitted by the Governor in
Accordance with Article
VII of the Constitution
AN ACT to amend the education law, in relation to paperwork reduction, reporting requirements, mandates concerning new programs or increased levels of service, course of study contents, reimbursement of school districts, calculation of foundation aid base, foundation amount and local contribution, apportionment of school aid and of current year approved expenditures for debt service, building aid, Medicaid reimbursement, grants, teacher tuition reimbursement, maximum class size; to amend chapter 756 of the laws of 1992 relating to funding a program for work force education conducted by the consortium for worker education in New York city, in relation to apportionment and reimbursement; to amend chapter 169 of the laws of 1994 relating to certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budgets, chapter 82 of the laws of 1995, amending the education law and certain other laws relating to state aid to school districts and the appropriation of funds for the support of government, chapter 472 of the laws of 1998 amending the education law relating to the lease of school buses by school districts, in relation to school aid and extending the expiration dates; to amend chapter 57 of the laws of 2008 amending the education law and other laws relating to special apportionment for salary expenses, in relation to education apportionment; in relation to school bus driver training; in relation to the support of public libraries; to provide special apportionment for salary expenses; to provide special apportionment for public pension expenses; in relation to suballocation of certain education department accruals; in relation to the support for educational television and radio; to amend the general municipal law, in relation to withdrawal of funds and examination of reserve funds; and repealing section 805, clause (e) of subparagraph 5 of paragraph b of subdivision 1 of section 4402, subdivision 5 of section 4408 and subdivision 1 of section 4452 of the education law relating thereto and providing for the repeal of certain provisions upon expiration thereof (Part A); to amend the state finance law and the arts and cultural affairs law, in relation to merging the New York state theatre institute with the Nelson A. Rockefeller Empire State Plaza performing arts center corporation; to repeal certain provisions of the state finance law and the arts and cultural affairs law relating thereto; and to repeal chapter 688 of the laws of 1979 creating the Nelson A. Rockefeller Empire State Plaza performing arts center corporation (Part B); to amend the education law, in relation to good academic standing (Part C); to amend the education law, in relation to placing restrictions on eligibility to receive awards and loans; and to repeal certain provisions of such law relating thereto (Part D); to amend the education law, in relation to tuition assistance program awards for graduate school students; and to repeal certain provisions of such law relating thereto (Part E); to amend the education law, in relation to expanding the definition of income in tuition assistance program awards determinations (Part F); to amend the education law and the state finance law, in relation to procurements by the state university of New York, the city university of New York, the state university construction fund and the health care facilities of the state university of New York; and to amend the public officers law, in relation to indemnity for students (Part G); to amend the education law, in relation to tuition assistance program awards for eligible students (Part H); to repeal subdivision 5 of section 663 of the education law relating to adjustment of income for tuition assistance program awards (Part I); to amend the education law and the state finance law, in relation to the establishment of a program to provide loans to students to finance the costs of post-secondary education; to amend the public authorities law, in relation to the issuance of bonds in connection therewith; and to repeal sections 682, 683 and 684 of the education law relating thereto (Part J); to amend the education law, in relation to charging differential tuition for students who are not residents of New York state at the state university of New York and the city university of New York (Part K); to amend the education law, in relation to the optional retirement plan (Part L); to amend the tax law and the administrative code of the city of New York, in relation to reducing the state school tax credit on city personal income taxes; to repeal section 1306-b of the real property tax law and section 178 of the tax law relating to the Middle Class STAR rebate program; and to repeal section 171-q of the tax law relating to offsets taken from the basic STAR rebate amounts (Part M); to amend the real property tax law, in relation to the computation of the school tax relief (STAR) exemption (Part N); to repeal subdivision e of section 8 of the emergency tenant protection act of 1974, relating to offices of the division of housing and community renewal (Part O); to amend the executive law, in relation to establishing a youth programs block grant and to repeal certain provisions of such law relating thereto; to repeal section 420 of the executive law, relating to state aid for delinquency and youth crime prevention; and to repeal section 530 of the executive law, relating to reimbursement for juvenile detention (Part P); to amend section 28 of part C of chapter 83 of the laws of 2002 amending the executive law and other laws relating to funding for children and family services, in relation to the extension of provisions on funding of child welfare services and to amend the social services law, in relation to state reimbursement for community optional preventive services (Part Q); to repeal subdivision 19 of section 246 of chapter 81 of the laws of 1995 amending the vehicle and traffic law and other laws relating to the enforcement of support through the suspension of driving privileges, in relation to the effectiveness of certain provisions relating thereto (Part R); to repeal subdivision 17 of section 153 and subdivision 7 of section 335-b of the social services law relating to enhanced state reimbursement for the work participation rate of local social services districts (Part S); to amend the social services law, in relation to setting an allowance for the personal needs of recipients of safety net assistance in residential care facilities (Part T); to amend the social services law, in relation to increasing the standards of monthly need for aged, blind and disabled persons (Part U); to amend the social services law and the tax law, in relation to wage reporting for purposes of determining eligibility for foster children (Part V); to amend the executive law, in relation to eliminating the requirement to provide twelve month notification prior to the closure of a youth facility (Part W); to amend the social services law, in relation to the fee charged for clearances from the statewide central register (Part X); to amend the social services law, in relation to amounts of public assistance (Part Y); to amend chapter 62 of the laws of 2003 amending the state finance law and other laws relating to authorizing and directing the state comptroller to loan money to certain funds and accounts, in relation to extending the statutory authorization and the rules governing contributions to the unemployment insurance interest assessment surcharge fund (Part Z); to amend the executive law, in relation to providing for assessment of civil fines and penalties in appropriate cases (Part AA); to amend the labor law, in relation to increasing boiler inspection fees and asbestos licensing, certification and notification fees (Part BB); to amend the labor law, in relation to explosives; to amend the labor law and the general business law, in relation to misdemeanor penalties; and to amend the penal law, in relation to permits for fireworks displays (Part CC); and to amend the general business law, in relation to establishing civil penalties for uncertified crane operation (Part DD)
This bill contains provisions needed to implement the Education, Labor and Family Assistance portions of the 2009-10 Executive Budget.
This memorandum describes Parts A through DD of the bill which are described wholly within the parts listed below.
Purpose:
This bill contains various provisions necessary for implementation of the education portion of the 2009-10 Executive Budget.
Statement in Support, Summary of Provisions, Existing Law, and Prior Legislative History:
Continue Funding for Selected Aid Categories at 2008-09 levels: This bill would amend the Education Law to continue funding selected formulas at the 2008-09 level for the next two school years. Specifically, State support funding for Foundation Aid, Universal Prekindergarten, High Tax Aid, Supplemental Excess Cost Aid, Academic Enhancement Aid and Supplemental Valuation Impact grants would be continued at 2008-09 levels for the 2009-10 and 2010-11 school years. Additionally, Education Law would be modified to adjust the phase-in schedule for Foundation Aid so that this aid category would be fully phased-in by 2014-15.
Deficit Reduction Assessment: This bill would amend the Education Law to provide a Deficit Reduction Assessment formula consistent with the core principles of School Aid. The formula would reduce formula-based School Aid (excluding Universal Prekindergarten and Building Aid) for all school districts based on ability to pay, student need and tax effort. Key features of the formula include a minimum reduction of 3 percent and a maximum reduction of 13 percent of formula-based School Aid. Additionally, there is a maximum reduction of 2.5 percent of Total General Fund Expenditures (TGFE) for High Need school districts.
Claiming Limits: This bill would amend the Education Law to limit State liabilities for School Aid to those that result from data and claims on file with the State Education Department by the statutory deadline for the production of data used for development of the Executive Budget.
Mandate Relief: This bill would amend the Education Law to provide mandate relief measures to reduce school district costs, ease the paperwork workload and remove selected mandates. These provisions include eliminating selected school district reporting requirements, delaying the effective date of any new mandate until the start of a new school year, and allowing school districts to withdraw excess funds in an employee benefits accrued liability reserve fund in order to maintain educational programming during the 2009-10 school year.
Contract for Excellence: This bill would amend the Education Law to modify Contract for Excellence requirements, in recognition of the two year suspension of increases for Foundation Aid, by reducing the amount that a school district would be required to spend on Contract for Excellence activities. All 39 districts currently in the program would be required to continue in the program unless all school buildings in a school district are reported as “In Good Standing” for the State accountability system. The school districts which remain in the program would be required to maintain funding on existing Contract for Excellence programs less the percentage reduction of the Deficit Reduction Assessment for the 2009-10 school year. School districts in the Contract for Excellence program for the 2010-11 school year would be required to maintain spending on Contract for Excellence programs at 2008-09 levels.
Preschool Special Education: This bill would amend the Education Law to better align programmatic and fiscal responsibility for the preschool special education program by allocating 15 percent of the costs of the program to school districts and reducing the State and county shares of the program costs to 47 percent and 38 percent respectively. The bill would also amend the Education Law to modify reimbursement for the preschool special education itinerant teacher (SEIT) program.
Nonpublic School Aid: This bill would amend the Education Law to exempt nonpublic schools from the Commissioner's regulations relating to comprehensive attendance policies beginning with the 2007-08 school year and eliminate the associated State fiscal liability.
Other Miscellaneous Provisions: Other provisions of this bill would make various changes to the Education Law. These changes include: extending a number of existing statutory provisions for one additional year; reducing the amount of a special academic improvement grant; and modifying limitations on the use of Teacher of Tomorrow grant funds.
Budget Implications:
Enactment of this bill is necessary to implement the 2009-2010 Executive Budget.
Effective Date:
This bill takes effect March 1, 2009, except that selected provisions take effect immediately or on other specified dates.
Purpose:
This bill would merge the New York State Theatre Institute (NYSTI) with the New York State Plaza Performing Arts Center.
Statement in Support, Summary of Provisions, Existing Law, and Prior Legislative History:
Currently, the New York State Theatre Institute (NYSTI) is a public benefit corporation operating under Article 9 of the Arts and Cultural Affairs Law, while the Empire State Plaza Performing Arts Center (the Egg) is a public benefit corporation operating under Chapter 688 of the Laws of 1979, as amended by Chapter 436 of the Laws of 1992. NYSTI is financed under Section 97-u of the State Finance Law, while the Egg is financed under Section 97-s of the State Finance Law. Both agencies receive State subsidies through the Cultural Education account.
This bill would merge NYSTI into the Empire State Plaza Performing Arts Center to achieve necessary efficiencies and to better achieve the overlapping missions of both entities. All of NYSTI’s functions, goal and responsibilities would continue under the auspices of the Egg, and NYSTI’s performances would continue to be held at its facilities in Troy.
Budget Implications:
Enactment of this bill, which will result in $274,000 of savings to the Cultural Education Account, is necessary to implement the 2009-10 Executive Budget.
Effective Date:
This bill takes effect immediately.
Purpose:
This bill increases the minimum academic standards required for non-remedial students to maintain Tuition Assistance Program (TAP) eligibility.
Statement in Support, Summary of Provisions, Existing Law, and Prior Legislative History:
This bill amends the Education Law by defining remedial students and then imposing increased academic standards upon non-remedial students. Students defined as remedial, or students enrolled in a program of remedial study approved by the Commissioner of Education, will remain on the current academic standards and TAP eligibility schedules. TAP recipients meeting the definition of non-remedial students will be placed on a more stringent standards schedule that will require them to earn a total of 18 credits (minimum) and a 1.8 GPA by the end of their second semester of study. The current standards schedule requires a minimum of 9 credits and a 1.2 GPA after the second semester.
Budget Implications:
Enactment of this bill is necessary to implement the 2009-10 Executive Budget, which assumes savings of $4.6 million in 2009-10 and $10 million annually thereafter from increasing academic standards for TAP recipients classified as non-remedial students.
Effective Date:
This bill takes effect July 1, 2009.
Purpose:
This bill would modify the award eligibility criteria for the Tuition Assistance Program (TAP) to create parity in the treatment of students in default on Federal loans, regardless of guarantor.
Statement in Support, Summary of Provisions, Existing Law, and Prior Legislative History:
The Federal Department of Education enters into agreements with state or private non-profit entities to serve as guarantors on student loans made under its Federal Family Education Loan (FFEL) and the William D. Ford Direct Loan programs. The New York State Higher Education Services Corporation (HESC) is such a guarantor and has the largest share of New York State’s guaranteed student loan market. Under current law, students in default on FFEL and Ford Direct loans guaranteed by HESC are ineligible for TAP awards, while students in default on these types of loans guaranteed by other guarantors are eligible for TAP.
This bill would create parity by amending Section 661 of the Education Law to eliminate TAP eligibility for all students who are in default on FFEL and Ford Direct loans, regardless of guarantor.
This bill has been advanced for the past three year Executive Budgets.
Budget Implications:
Enactment of this bill is necessary to implement the 2009-10 Executive Budget, which assumes savings of $2.6 million in 2009-10 related to establishing TAP default parity and $3.7 million of savings on a recurring basis.
Effective Date:
This bill takes effect July 1, 2009.
Purpose:
Achieve budgetary savings by eliminating TAP eligibility for graduate students.
Statement in Support, Summary of Provisions, Existing Law, and Prior Legislative History:
Approximately 7,600 graduate students currently receive an average annual TAP award of $380. In addition to this nominal award, these students are also eligible for Federal Family Education Loan Program (FFELP) and William D. Ford Direct Loan Program assistance. Graduate students also have available to them a number of fellowships and assistantships to help defray the cost of attendance. In recognition of the State’s current fiscal situation and to help preserve the basic TAP benefit for undergraduate students, this proposal would eliminate TAP eligibility for graduate students.
This bill would amend sections 663 and 667 of the Education Law to remove graduate TAP authorization. Section 1 of this bill removes references to graduate students with regard to duration of TAP awards; section 2 repeals language which presents TAP award amounts and the TAP award reduction schedule for graduate students; section 3 repeals the multiple family member in college credit given to graduate students; sections 4 and 5 remove references to graduate students in the determination of parental exclusion; and section 6 repeals a dated statutory provision that references a portion of law no longer in existence. This is new legislation.
Budget Implications:
Enactment of this bill is necessary to implement the 2009-10 Executive Budget, which assumes $3 million of recurring savings related to its enactment.
Effective Date:
This bill takes effect July 1, 2009.
Purpose:
To achieve budgetary savings and ensure equitable treatment of Tuition Assistance Program (TAP) award recipients, this bill would include public sector pension income in TAP award eligibility determinations.
Statement in Support, Summary of Provisions, Existing Law, and Prior Legislative History:
Currently, income from public sector pensions is not included in TAP award eligibility determinations, while income from private pensions and 401(k) and other tax deferred retirement savings accounts is included. As a result, a student with a family income that exceeds TAP eligibility standards, but is largely supported by a public sector pension, could receive a greater TAP award than a student from a family with the same income supported by a private pension or other income. This is because existing law establishes New York State net taxable income (NTI) as the basis for TAP award calculations and public pension income is excluded from New York State NTI. This bill would amend Education Law to include such income in TAP award calculations, thus creating parity between private and public pensioners with regard to TAP eligibility. This is new legislation.
Budget Implications:
Enactment of this bill is necessary to implement the 2009-10 Executive Budget, which assumes $10.5 million in 2009-10 savings by including public sector pension income in TAP award calculations, and $15 million annually thereafter.
Effective Date:
This bill takes effect July 1, 2009.
Purpose:
This bill would enhance flexibility for the State University of New York (SUNY) and the City University of New York (CUNY) in the areas of procurement and capital construction.
Statement in Support, Summary of Provisions, Existing Law, and Prior Legislative History:
In June, 2008, the Commission on Higher Education submitted its Final Report of Findings and Recommendations to the Governor. The Commission recommended that the regulatory reforms enacted subsequent to the 1985 report of the Independent Commission on the Future the State University of New York should be expanded in scope so that New York's public universities are better equipped to sustain themselves in an environment of declining State support and better aligned with the flexibilities enjoyed by peer public university systems and institutions in other states.
This bill would effectuate a number of regulatory recommendations put forth by the Commission, as follows:
Budget Implications:
Enactment of this bill is necessary to implement the 2009-10 Executive Budget, as it effectuates cost savings through more efficient administration by SUNY and CUNY.
Effective Date:
This bill takes effect immediately.
Purpose:
In order to help align the duration of Tuition Assistance Program (TAP) awards with the number of credits required to earn a baccalaureate degree and expand TAP eligibility to students taking less than 12 credits per semester, this bill would redefine full-time study as 15 credit hours earned per semester and pro-rate Tuition Assistance Program (TAP) awards for students earning 10 to 14 credits per semester.
Statement in Support, Summary of Provisions, Existing Law, and Prior Legislative History:
Under current law, full-time study is defined as 12 semester credits or its equivalent, with maximum TAP eligibility at a four-year institution of eight semesters. This bill amends the Education Law by redefining full-time study as 15 semester credits or its equivalent, and then pro-rating the TAP awards of students enrolled in fewer than 15, but more than 9 semester credits, based on the 15 credit definition of full-time study.
In addition, this bill converts the lifetime TAP award eligibility limit from 8 semesters to 120 semester credits earned, to enable students who earn less than 15 credits per semester to remain eligible for TAP support until they earn enough credits to graduate. Currently, students at four-year institutions who average 12 credits per semester reach 96 credits by the end of their fourth year, leaving them 24 credits shy of graduation but ineligible for any further TAP support. By pro-rating TAP awards based on a full-time study definition of 15 credits and converting the lifetime eligibility limit from 8 semesters to 120 credits earned, students who average between 10 and 15 credits per semester will be able to “stretch out” their TAP eligibility over the entire course of their program of study without changing the overall cost to the State.
Finally, this bill redefines part-time study, in terms of the Part-Time TAP program, as at least six but less than ten semester credits or its equivalent, and reformats the pro-ration formula used to determine Part-Time TAP awards based on the 15 credit redefinition of full-time study. This is new legislation.
Budget Implications:
Enactment of this bill is necessary to implement the 2009-10 Executive Budget, which assumes savings of $21.7 million in 2009-10 and $31.0 million annually thereafter as a result of pro-rating TAP awards based upon a definition of full-time study as 15 credits earned per semester.
Effective Date:
This bill takes effect July 1, 2009.
Purpose:
This bill would achieve budgetary savings by eliminating a Net Taxable Income (NTI) credit that has the effect of enhancing TAP awards for applicants with multiple family members in college.
Statement in Support, Summary of Provisions, Existing Law, and Prior Legislative History:
New York State Net Taxable Income (NTI) is used to determine an applicant’s TAP award. Under current law, students with parents or siblings enrolled in college receive a credit against their NTI or taxable income based on the number of additional family members enrolled in college, thus enhancing their TAP awards. The average TAP award enhancement due to this NTI credit is roughly $300, with approximately 18,000 TAP award recipients currently benefitting from this credit.
This bill eliminates this NTI credit by repealing subdivision 5 of section 663 of the Education Law. This is new legislation.
Budget Implications:
Enactment of this bill is necessary to implement the 2009-10 Executive Budget, which assumes savings of $4.0 million in 2009-10 and $5.7 million annually thereafter as a result of the elimination of enhanced TAP awards for applicants with multiple family members in college.
Effective Date:
This bill takes effect July 1, 2009.
Purpose:
This bill would establish the New York Higher Education Loan Program.
Statement in Support, Summary of Provisions, Existing Law, and Prior Legislative History:
In June 2008, the New York State Commission on Higher Education submitted its Final Report of Findings and Recommendations to the Governor. The Commission reported that New York State is the only large, urban state in the nation, and the only state in the northeast, that does not offer residents attending college in the State a low-cost student loan program. The Commission further noted that, as a result, New York students and their families do not have the same range of college financing options as their counterparts in other states, which may inhibit access and lead to the accumulation of high-interest debt. More recently, the crisis in the world’s credit markets has resulted in an even greater number of New York State students finding that they are unable to afford or secure private education loans necessary to fill the gap between the cost of attending college and available State and federal student aid.
This bill establishes the New York Higher Education Loan Program (the Program), which will provide students and parents with access to low-cost loans not currently available in the private loan market. Eligible students must be New York State residents attending degree-granting postsecondary education institutions in the State that are approved to participate in federal HEA Title IV student aid programs.
The Higher Education Services Corporation (HESC) will administer the Program in conjunction with the State of New York Mortgage Agency (SONYMA), or other public benefit corporations authorized to issue bonds under the Program. It is expected that SONYMA will issue $350 million in tax-free bonds in 2009-10 to finance new fixed rate loans of up to $10,000 per borrower. There will also be unlimited private lender participation in an affordable variable rate loan program. In addition to the State’s allocation of Private Activity Bond Volume Cap to enable the issuance of tax-exempt bonds, favorable borrower interest rates and fees for both the fixed and variable loans are also achieved through the establishment of default reserve funds, which will be capitalized with a combination of loan repayments, borrower fees, State General Fund dollars, and contributions from participating higher education institutions equal to one percent of their students’ loan dollar volume.
The specific provisions of the bill include:
Section 1 of the bill adds a new Part V to Article 14 of the Education Law establishing the New York Higher Education Loan Program and key provisions of the Program including the powers and duties of administering agencies, program eligibility requirements, and reporting requirements.
Section 2 of the bill amends §653(2) of the Education Law to clarify that the HESC’s budget request shall not include requests for appropriations under the Program, except for requests for funds to be deposited into the New York State Program account for purposes of administering the Program.
Section 3 of the bill amends §656 of the Education Law to allow monetary contributions made to the Program to be deducted for tax purposes.
Section 4 of the bill amends §657(2) of the Education Law to provide that the Corporation shall not be required to pay taxes or assessments on bonds issued under the Program.
Sections 5 and 6 of the bill amend §§661(1) and 661(6)(c) of the Education Law, respectively, to exclude education loans made under the Program from the general eligibility requirements and conditions governing awards and loans made pursuant to other sections of Article 14 of the Education Law.
Sections 7 and 8 of the bill repeal outdated sections of the Education Law (§§682 and 683). Absent the repeal, language to exempt this Program from these sections would be required.
Section 9 of the bill repeals and establishes a new Section 2405-a of the Public Authorities Law to allow for SONYMA’s participation in the Program.
Section 10 of the bill amends §201 of State Finance Law to authorize the State Comptroller to deduct payments for education loans made under this Program from the salaries of state employees.
Sections 11 and 12 of the bill amends article 6 of the State Finance Law to establish a variable and fixed rate default reserve fund, respectively, to hold moneys designated for payment on defaulted education loans made under this Program.
Section 13 and 14 of the bill amends Title 4 of Public Authorities Law to allow Dormitory Authority of the State of New York’s (DASNY) participation in the Program.
This is new legislation.
Budget Implications:
Enactment of this bill is necessary to implement the 2009-10 Executive Budget, which provides $50 million in General Fund resources for the Program’s default reserve funds and $5 million in Other Funds to support administrative costs for the Program.
Effective Date:
This bill takes effect July 1, 2009.
Purpose:
This bill would authorize the SUNY and CUNY Boards of Trustees to establish differential tuition rates at individual state-operated campuses by degree or program type.
Statement in Support, Summary of Provisions, Existing Law, and Prior Legislative History:
Currently, SUNY and CUNY are required to charge students enrolled in like degree programs a uniform rate of tuition, except for differential tuition rates based on state residency. However, the universities may not charge a differential tuition rates for students who are not New York State residents by campus or academic program.
In June, 2008, the Commission on Higher Education submitted its Final Report of Findings and Recommendations to the Governor. The Commission recommended that SUNY and CUNY be permitted to charge differential tuition rates by program and campus, with revenues returned to campuses for investment. The Commission further recommended that this change be phased in gradually, with the first step being to permit differential tuition rates by campus and program for non-resident students.
This bill reflects the first step recommended by the Commission and amends Education Law to authorize the Boards of Trustees of both public university systems to establish differential tuition rates for students who are not residents of New York State at individual campuses based on degree or program type. The bill also requires the respective Boards of Trustees to establish maximum percentage thresholds for non-resident student enrollment by campus, degree or program type, to ensure continued access for students who are New York State residents or otherwise qualify for residential tuition rates.
This bill would enable New York State’s public higher education institutions to better leverage academic programs with a strong national appeal.
This is new legislation.
Budget Implications:
Enactment of this bill is necessary to implement the 2009-10 Executive Budget, which contains contingency appropriations in the amounts of $20 million for the State University of New York and $12 million for the City University of New York, to allow for the expenditure of any additional revenue generated by permitting differential tuition rates for non-resident students by program and campus.
Effective Date:
This bill takes effect immediately.
Purpose:
This bill would authorize the State University of New York (SUNY) to offer employees participating in the Optional Retirement Program (ORP) the alternative of investing in mutual funds.
Statement in Support, Summary of Provisions, Existing Law, and Prior Legislative History:
Current law limits investment options for employees enrolled in ORP to those provided by corporations subject to Insurance Department supervision. This bill amends Education Law §§ 390, 391 and 392 to provide SUNY with the option of expanding investment choices for its ORP employees to include mutual funds offered either directly by investment companies registered with the Securities and Exchange Commission or by their third party distributors.
In addition to expanding employee choice, this bill would provide ORP investment managers at SUNY with the same investment options available to the State Comptroller, who manages the retirement investments of most State and local public employees. Similar legislation was introduced in the 2008-09 Executive Budget.
Budget Implications:
Enactment of this bill is associated with the implementation of the 2009-10 Executive Budget, which appropriates funds constituting the State’s contribution to ORP retirement accounts.
Effective Date:
This bill takes effect immediately.
Purpose:
This bill would repeal the Middle Class STAR Rebate Program beginning with school years 2009-10. It would also repeal the Middle Class STAR offset, and reduce the New York City Personal Income Tax Credit.
Statement in Support, Summary of Provisions, Existing Law and Prior Legislative History:
The Middle Class STAR Rebate Program would be eliminated for school years 2009-10 and subsequent school years. In New York City, the Personal Income Tax Credit for resident taxpayers would be decreased. In 2009, the New York City Personal Income Tax Credit for married individuals filing joint returns and surviving spouses would be decreased from $310 to $125 for tax years 2009 and thereafter. For all other taxpayers, the credit would be decreased from $155 to $62.50 for tax years 2009 and thereafter. Taxpayers with income of $250,000 or more would not receive a New York City Personal Income Tax Credit. The $250,000 income limitation would be indexed for inflation beginning in 2010.
The Middle Class STAR Rebate Program has provided a rebate check to property owners who received either an Enhanced STAR Exemption or a Basic STAR Exemption against their school tax bill. The rebate amount was determined by a formula and based upon the property owner’s income. Property owners with income of $250,000 or more did not receive a rebate. The Middle Class Star Rebate Program increased the Personal Income Tax Credit for resident eligible taxpayers in New York City in 2007 and 2008. Taxpayers with income of $250,000 or more, however, did not receive a New York City personal income tax credit.
The Middle Class STAR rebate was enacted in 2007 and amended in 2008 to delay the increase of Basic STAR rebate checks and to offset the rebate checks against existing liabilities.
Budget Implications:
Enactment of this bill is necessary to implement the 2009-10 Executive Budget. Elimination of the Middle Class STAR Rebate Program and a decrease of the New York City Personal Income Tax Credit amounts would reduce, if enacted, General Fund spending by $1,538 million in SFY 2009-10.
Effective Date:
This bill takes effect immediately, provided that sections 1, 2 and 3 shall apply to the administration and issuance of Middle Class STAR rebates for the 2009-10 and subsequent school years, and sections 4 and 5 shall apply to taxable years beginning on or after January 1, 2009.
Purpose:
This bill would increase the “floor” adjustment used in the computation of STAR exemption benefits from 11 percent to 18 percent.
Statement in Support, Summary of Provisions, Existing Law, and Prior Legislative History:
The STAR “floor” affects the calculation of the STAR exemption by factoring in the influence of local real estate markets. In doing so, it causes the value of the STAR exemption to vary from one municipality to another. This bill would reduce the inter-municipal disparities, and make the program fairer and more equitable, by reducing the impact of the floor.
Section 1 amends Real Property Tax Law section 425(2)(e)(ii) to increase the “floor” for annual STAR exemption adjustments from 11 percent to 18 percent.
This provision was first added by section 1 of part B of chapter 389 of the laws of 1997. It has been subsequently amended by section 1 of part W of chapter 57 of the Laws of 2008, when the floor had been increased from 5 percent to 10 percent, in 2008 and is scheduled to increase to 11 percent starting in 2009.
Budget Implications:
Enactment of this bill is necessary to implement the 2009-10 Executive Budget. Increasing the STAR “floor” adjustment would reduce General Fund spending by $109 million in SFY 2009-10.
Effective Date:
This bill takes effect immediately, applying to the administration of STAR exemptions on 2009 and subsequent assessment rolls.
Purpose:
In order to effectuate the closure of the Division of Housing and Community Renewal's (DHCR) rent administration offices in Nassau, Rockland and Richmond (Staten Island) counties, this bill would eliminate DHCR’s statutory obligation to operate rent administration offices.
Statement in Support, Summary of Provisions, Existing Law, and Prior Legislative History:
A number of communities in New York State have rent regulation programs known as rent control and rent stabilization. Rent regulation protects tenants in privately-owned buildings from market-rate rent increases, while also allowing owners to charge rents that permit them to maintain their buildings and realize a reasonable profit. Rent regulation programs were originally administered separately by New York City and DHCR (for programs outside of New York City). Under the Omnibus Housing Act of 1983, DHCR became responsible for administering rent regulation programs across the entire state. Rent regulation rules and provisions are governed by the Omnibus Housing Act of 1983 for New York City and by the Emergency Tenant Protection Act (ETPA) for communities outside of New York City.
The EPTA requires at least one DHCR rent administration office be located in counties with a city, town, or village having a population of less than one million that has declared a public emergency requiring the regulation of residential rents where the vacancy rate does not exceed five percent, and in counties governed by the Rent Stabilization Law of 1969 (New York City). The counties outside of New York City with communities that have declared a public emergency are Nassau (Hempstead), Rockland (Spring Valley) and Westchester (White Plains). DHCR currently maintains an office in each of these three counties as well as five offices in New York City, two located in Manhattan and one each in Brooklyn, Staten Island and Queens.
DHCR rent administration offices provide outreach services to rent regulated tenants and landlords. However, the increased use of automation in processing complaints and rent increase applications has significantly reduced customer traffic at the Hempstead, Spring Valley and Staten Island offices to the point that it is no longer efficient for DHCR to operate these offices.
To close the offices in Hempstead, Spring Valley and Staten Island, this bill would eliminate the requirement for DHCR to maintain at least one rent administration office in counties governed by the EPTA or the Rent Stabilization Law of 1969. However, DHCR will continue to maintain the Westchester County office and the four remaining New York City offices due to demand for on-site services at these locations.
Effective immediately, this bill would repeal subdivision 8 paragraph (e) of section 4 of Chapter 576 of the laws of 1974 (also known as the Emergency Tenant Protection Act of 1974).
Budget Implications:
Enactment of this bill is necessary to implement the 2009-10 Executive Budget, which assumes savings of $455,000 associated with closing the three DHCR rent administration offices in Hempstead, Spring Valley and Staten Island.
Effective Date:
This bill takes effect immediately.
Purpose:
This bill would provide municipalities with a flexible funding source from which they can support youth programs and Detention Services according to local needs and priorities.
Statement in Support, Summary of Provisions, Existing Law, and Prior Legislative History:
Enactment of this bill will create a $90 million flexible funding source for municipalities to use in funding Detention Services and youth programs. Municipalities will be able to base funding decisions on local needs and priorities and will not be required to provide a local match.
Upon enactment, this bill will create a $90 million block grant that will be allocated to municipalities based on a formula calculated from youth population figures, claiming history and other factors to be determined by the Office of Children and Family Services. Allocations will be subject to the approval of the Director of the Budget. Municipalities will be able to use the funds to support the following programs: Detention Services, Special Delinquency Prevention Program (SDPP), Youth Development and Delinquency Prevention (YDDP), Runaway and Homeless Youth Act (RHYA), Alternatives to Detention and Alternatives to Residential Placement. Under existing law, local districts pay 51 percent of costs associated with Detention Services. Local youth bureaus currently pay 50 percent of costs associated with YDDP programs and 40 percent of costs associated with RHYA programs. Under the block grant, municipalities will not be required to match State funds for these services. Also, under the block grant, if municipalities do not claim block grant funding by the claiming deadline of nine months after the end of the quarter in which services were provided, the unclaimed funds will be reallocated to municipalities that have submitted claims for the same year in excess of their allocation. The block grant will be based on a calendar year cycle.
Budget Implications:
Enactment of this bill is necessary to implement the 2009-10 Executive Budget, which assumes State savings of $28.1 million in 2009-10 and $30.9 million on a full annual basis beginning in 2010-11.
Effective Date:
This bill takes effect January 1, 2009.
Purpose:
This bill would extend certain provisions related to funding for children and family services that are intended to keep families intact, while encouraging expedited permanency for children in foster care.
Statement in Support, Summary of Provisions, Existing Law and Prior Legislative History:
Enactment of this bill is required to continue the current Foster Care Block Grant and prevent a return to a funding structure with open-ended 50/50 State/local shares. Such a reversion could create a fiscal incentive for local social service districts (LSSD) to make unnecessary out-of-home foster placements for children, rather than emphasizing services with a greater chance of keeping families intact. In addition, school districts would no longer have a financial stake in the residential placement of their special education children, which would increase State and LSSD costs.
Child Welfare Financing Reform, enacted in 2002, created three important General Fund programs to support at-risk children and their families: 1) the Foster Care Block Grant; 2) an open-ended funding stream for preventive, protective and other child welfare services; and 3) a Children and Family Services Quality Enhancement Fund.
In 2003, the Committee on Special Education (CSE) Reform was also enacted to provide for enhanced school district responsibility in educational placements for children by shifting maintenance (i.e., room and board) cost shares from 50 percent State and 50 percent LSSD to 40 percent State, 40 percent LSSD and 20 percent local school district. As a result, school districts have a greater financial stake in ensuring the appropriate placement of special education children. It should be noted that, after the 2 percent and 6 percent across-the-board Local Assistance reductions enacted in 2008-09, the cost shares for CSE were changed to 36.8 percent State, 43.2 percent LSSD and 20 percent local school district.
Child Welfare Financing Reform also created an open-ended funding stream for preventive, protective and other child welfare services to help keep families intact and, if that outcome is determined not to be in the best interest of the child, establish permanent placements for foster children as quickly as possible. This program provided a 65 percent open-ended State reimbursement to LSSDs for the non-Federal share of child preventive, child protective, after care, independent living and adoption services and administrative costs, while capping reimbursement for foster care services. It also included a Children and Family Services Quality Enhancement Fund to increase the availability and quality of children and family services programs through the testing of special initiatives and innovative models of service delivery. It should be noted that, as a result of the 2 percent 2008-09 across-the-board Local Assistance reductions, the cost shares for this program are now 63.7 percent for the State and 36.3 percent for LSSDs.
Both the Child Welfare Financing Reform and CSE statutes are scheduled to sunset on June 30, 2009.
In order to generate 2009-10 General Fund savings, this bill also makes Community Optional Preventive Services (COPS) reimbursement available only to the extent that funds are specifically appropriated. Under current law, COPS reimbursement is authorized through the open-ended child welfare services funding stream.
Effective March 1, 2009, this bill amends Social Services Law and State Finance Law to extend Child Welfare Financing Reform until June 30, 2012.
Effective March 1, 2009, this bill will make COPS reimbursement available for claims on or after October 1, 2008 only to the extent that funds are specifically appropriated for that purpose.
Budget Implications:
This bill is necessary to implement the 2009-10 Executive Budget, which assumes that the proposed changes to Child Welfare Financing are enacted. If the Child Welfare Financing Reform provisions were to sunset, the State would face over $60 million in unbudgeted costs from changes in foster care and CSE reimbursement. In addition, the Executive Budget assumes $34.1 million in 2009-10 savings by making COPS available only to the extent that funds are specifically appropriated.
Effective Date:
This bill takes effect March 1, 2009.
Purpose:
This bill ensures the State’s continued ability to enforce child support orders against individuals who fail to make required child support payments.
Statement in Support, Summary of Provisions, Existing Law, and Prior Legislative History:
The Federal government requires states to have a process for the suspension of driver licenses as a mechanism for enforcing child support orders. Under the suspension process, a child support obligor who fails to pay child support is notified that his or her driver license will be suspended unless payments are made. This highly successful enforcement mechanism assists in the collection of approximately $10 million annually in child support payments. The loss of this enforcement mechanism would have a negative impact on child support collections and families in New York State.
This bill would make permanent provisions of the Social Services Law, the Vehicle and Traffic Law, and the Family Court Act authorizing the suspension of driver licenses as a mechanism for enforcing child support orders.
Chapter 81 of the Laws of 1995 established provisions to suspend driver licenses for the non-payment of child support with an expiration date of June 30, 1998. Since 1998, the provisions have been extended every two years. The most recent extension was set forth in Chapter 59 of the Laws of 2007, which extended the provisions until June 30, 2009.
Budget Implications:
Although there is no General Fund financial plan impact associated with this bill, it would conform New York State Law with federal requirements and, thus, mitigate the risk of a potential loss of federal funding for the child support enforcement program.
Effective Date:
This bill takes effect April 1, 2009.
Purpose:
This bill would discontinue the work incentive bonus, which provides additional funding to local social services districts that engage at least 50 percent of their public assistance recipients in work-related activities.
Statement in Support, Summary of Provisions, Existing Law, and Prior Legislative History:
The Work Incentive Fund was established in 2006-07 in response to Federal welfare reform mandates that enacted more stringent work participation rate requirements for recipients of assistance funded under the Temporary Assistance for Needy Families (TANF) block grant. Local social services districts that place at least 50 percent of their public assistance families in eligible work activities are eligible to receive an allocation, which they could use to supplement public assistance-related administrative costs. Based on current work rates, less than 10 percent of local districts would be eligible for this funding in 2009-10.
Subdivision 17 of section 153 of Social Services Law establishes the Work Incentive Fund. Subdivision 7 of section 335-b establishes the mandated work participation rate requirements for district eligibility and specifies how such rates will be determined.
Effective immediately, this bill would repeal both sections of law. This is a new bill.
Budget Implications:
Enactment of this bill is necessary to implement the 2009-2010 Executive Budget, which does not assume any funding for the work incentive bonus.
Effective Date:
This bill takes effect March 1, 2009.
Purpose:
This bill would reduce the personal needs allowance provided for Safety Net recipients in chemical dependence residential treatment facilities to an amount equal to that given to recipients residing in similar settings that provide room and board.
Statement in Support, Summary of Provisions, Existing Law, and Prior Legislative History:
Current State law mandates the payment of a personal needs allowance to all Safety Net recipients residing in chemical dependence treatment facilities certified by the Office of Alcoholism and Substance Abuse. Although the allowance is paid directly to the facilities, it is supposed to be made available to the recipient for the purchase of personal items such as clothing and toiletries. Unlike the personal needs allowance given to public assistance recipients who reside in similar settings, this cash assistance has been linked to the amount given to individuals receiving Supplemental Security Income and, as such, is subject to an annual federal cost-of-living adjustment. As of January 2008, Safety Net recipients residing in such facilities were eligible for a personal needs allowance of $142 per month - an amount which would increase to $150 per month in January 2009. In comparison, recipients residing in other room and board facilities (e.g., domestic violence shelters, maternity homes) receive $45 per month, which is not adjusted annually for inflation.
By reducing to $45 per month the personal needs allowance of those recipients residing in chemical dependence treatment facilities, this bill would correct the current inequity in funding which allows one group within the public assistance population to be treated more generously than other recipients.
This bill amends section 159 of the Social Services Law to establish a $45 per month personal needs allowance for Safety Net recipients residing in chemical dependence treatment facilities certified by the Office of Alcoholism and Substance Abuse.
Budget Implications:
Enactment of this bill is necessary to implement the 2009-10 Executive Budget, which assumes $4.4 million in General Fund savings.
Effective Date:
This bill takes effect March 1, 2009.
Purpose:
This bill would reduce the increase in Social Security Income (SSI) benefits for recipients living in the community for the last seven months of 2009 and authorizes SSI benefits to be increased in 2010 by the percentage of any Federal SSI COLA, thus generating General Fund savings.
Statement in Support, Summary of Provisions, Existing Law, and Prior Legislative History:
Total benefit amounts for SSI recipients, which consist of a Federal SSI portion and a State supplement, will be increased in 2009, as they have historically been, by the application of a COLA to the federal SSI portion. Although this bill reduces the increase in SSI benefits by reducing State supplements for recipients living in the community for the last seven months of calendar year 2009, a recipient's total monthly SSI benefit will still be $9 to $34 higher than the 2008 monthly benefits as a result of the increase to the Federal benefit amount resulting from the application of the federal COLA. In addition, the bill provides for a $5 to $8 increase to the 2010 supplements and authorizes an increase to the combined federal and State SSI benefit for all recipients equal to the percentage of the 2010 Federal COLA. These 2010 increases help offset rising cost-of-living expenses and will be anticipated by SSI recipients and congregate care providers.
Sections 131-o and 209 of the Social Services Law establish specific amounts for the monthly Personal Needs Allowance (PNA) and the monthly SSI standard of need (the maximum combined federal and State benefit) for recipients in various living arrangements. This bill amends those sections of law to set forth the actual 2009 PNA amounts and SSI benefit levels. The bill also reduces the increase in the total SSI benefit amount by reducing the level of the SSI State supplements for recipients living in the community for the last seven months of calendar year 2009 (by between $16 and $28) and provides for a slight increase (of between $5 and $8) for calendar year 2010. Finally, the bill authorizes the PNA amounts and SSI benefit levels to be increased in 2010 by the percentage of any Federal SSI COLA which becomes effective within the first half of calendar year 2010.
State legislation to implement the annual Federal SSI COLA has been enacted each year since 1984. Chapter 57 of the Laws of 2006 provided for a new annual COLA on the State supplemental benefit for recipients in Congregate Care Level 3 facilities effective January 2007, and set forth that the provisions authorizing the annual increase were to expire on December 31, 2009. Under this bill, these provisions are allowed to expire and are not extended.
Budget Implications:
Enactment of this bill is necessary to implement the 2009-10 Executive Budget, which assumes $84.1 million in General Fund savings.
Effective Date:
This bill takes effect immediately, although certain portions of the bill take effect on the same date as earlier enacted provisions sunset.
Purpose:
This bill would authorize the Office of Temporary and Disability Assistance (OTDA) to collect household income information from the Department of Taxation and Finance (DTF) wage reporting system in order to determine the eligibility for Federal funding for children in foster care or those receiving adoption assistance.
Statement in Support, Summary of Provisions, Existing Law and Prior Legislative History:
By authorizing OTDA to access information regarding the wages of families whose children have been placed in foster care or adoption and disclose this information to the Office of Children and Family Services and local social services districts, this proposal would allow these entities to determine the eligibility of children for foster care and adoption assistance pursuant to Title IV-E of the Federal Social Security Act. Often, the parents of abused or neglected children do not provide the financial documentation necessary to make timely and complete eligibility determinations. The availability of separately obtained income data will allow local districts to maximize their receipt of Federal revenues, which in turn should result in the availability of greater resources to serve children in foster care and adoption.
Existing Tax Law permits the Commissioner of DTF to share WRS records on employee earnings with OTDA for a variety of purposes, including determining eligibility for public assistance benefits, adjusting child support levels and locating absent parents. To protect the confidentiality of employees’ wage records, existing Tax and Social Services laws restrict the use of such information for other purposes.
This bill would amend sections 171-a and 697 of the Tax Law and section 23 of the Social Services Law to authorize the Commissioner of DTF to enter into a cooperative agreement with OTDA for the purpose of providing wage information on families whose children have been placed in foster care and adoption. A similar bill passed the Assembly in the 2008 legislative session.
Budget Implications:
The availability of wage reporting data for foster and adoptive children is projected to generate $6 million to $7 million in additional Federal revenue on an annual basis.
Effective Date:
This bill takes effect immediately.
Purpose:
This bill would promote fiscal and programmatic efficiencies by reducing excess capacity in youth facilities operated by the Office of Children and Family Services (OCFS).
Statement in Support, Summary of Provisions, Existing Law and Prior Legislative History:
This bill amends subdivision 15 of section 501 of the Executive Law by eliminating the requirement that OCFS provide twelve months notification prior to closing a youth facility. Currently, the youth facilities have a 33 percent vacancy rate. Removing this restriction will allow OCFS to operate the youth facility program more efficiently by reducing capacity due to underutilization in the system. It will also allow OCFS to close facilities that require costly capital renovations.
Closure notice requirements were increased from nine months to twelve months in 2006.
Budget Implications:
An estimated $12.4 million in savings will be generated in 2009-10 as a result of this legislation.
Effective Date:
This bill takes effect March 1, 2009.
Purpose:
In order to help cover the costs of conducting Statewide Central Registry (SCR) clearance checks, this bill would increase or impose fees on certain individuals.
Statement in Support, Summary of Provisions, Existing Law and Prior Legislative History:
The SCR receives calls alleging child abuse/maltreatment and maintains records of all persons who have been the subject of child abuse investigations. State Law requires that individuals who work alone with children receive clearance checks through the SCR data bases. However, the current fee structure does not support the per clearance check cost of approximately $25 that the Office of Children and Family Services (OCFS) incurs for performing this requirement. This bill amends Section 424-a of the Social Services Law by increasing the fee from $5 to $25 for individuals who currently pay for clearances through the SCR. It would also impose a $25 fee on certain individuals who are currently exempt from the fee.
Under existing law, the employees of the following institutions and types of organizations must pay a $5 fee for an SCR clearance: OCFS (prospective employees); runaway and homeless youth shelters and programs certified by OCFS; residential schools operated by the State Education Department; early intervention programs; preschool services; Office of Alcoholism and Substance Abuse Services (OASAS) programs and facilities; residential facilities and non-facilities programs under the Office of Mental Health (OMH) and the Office of Mental Retardation and Developmental Disabilities (OMRDD); residential facilities under OCFS; and prospective applicants of safe houses for children programs.
The following individuals do not currently pay a fee for an SCR clearance: child care providers; prospective foster and adoptive parents and individuals age 18 and over in the home; applicants to operate summer camps under the Department of Health (DOH) and County Departments of Health; and family care homes which serve clients of OMH and OMRDD.
This bill would impose a $25 fee on all individuals requiring a clearance, except for foster parents, adoptive parents adopting foster children and individuals in family care homes who serve clients of OMH or OMRDD. This is new legislation.
Budget Implications:
New and increased fees will be effective as of March 1, 2009 and will result in $ 2.7 million in revenue in 2009-10.
Effective Date:
This bill takes effect March 1, 2009.
Purpose:
This bill would increase the non-shelter portion of the public assistance grant by ten percent per year for three years.
Statement in Support, Summary of Provisions, Existing Law, and Prior Legislative History:
The monthly public assistance benefit is comprised of a non-shelter portion and shelter portion. The non-shelter portion is comprised of a basic allowance, a home energy allowance and a supplemental home energy allowance. The monthly shelter allowance, which varies based on family composition and county of residence, was last increased in 2003. The monthly non-shelter portion of the public assistance grant is fixed at $291 for a family of three and has not been increased since 1990. Of the approximately 260,000 households that are projected to receive public assistance in 2009-10, eleven percent will earn income that will supplement their monthly grant and another eight percent will also be in receipt of a federal cash benefit such as Social Security or Supplemental Security Income (SSI), or will be residents of an institutional setting which fully pays for room and board. As such, approximately 80 percent of the projected 260,000 households will rely solely on the public assistance grant for their daily needs — a grant which currently amounts to 50 percent of the federal poverty level.
By increasing the basic allowance portion of the public assistance grant, thereby making the average public assistance family eligible for approximately $100 more in monthly benefits at the end of the three-year implementation period, this bill addresses some of the inflationary factors that have decreased the present value of the benefit. In addition, since the amount of income a household may earn and still qualify for public assistance is statutorily linked to the amount of the basic allowance, this bill will also increase this income threshold by approximately five percent a year for three years.
Starting in January 2010, this bill amends paragraph (a) of subdivision 3 of section 131-a of the Social Services Law to increase the non-shelter portion of the grant for all public assistance recipients by ten percent a year for three consecutive years. This will be accomplished by increasing the basic allowance portion. This bill also amends paragraph (a) of subdivision 2 of section 131-a of the Social Services Law to increase the income threshold used to determine public assistance eligibility. This is a new proposal.
Budget Implications:
Enactment of this bill is necessary to implement the 2009-2010 Executive Budget, which assumes $7.7 million in General Fund costs.
Effective Date:
This bill takes effect March 1, 2009.
Purpose:
This bill would extend, until December 31, 2011, the statutory authorization for the Department of Labor (DOL) to assess a surcharge on employers for payment of interest due on Unemployment Insurance (UI) benefit loans from the federal government.
Statement in Support, Summary of Provisions, Existing Law and Prior Legislative History:
This bill would allow for the continued collection of the UI interest assessment surcharge from employers in order to pay interest on federal loans taken to support the UI benefit program. This interest assessment surcharge is not collected unless a severe economic downturn requires the DOL to take out substantial loans to ensure UI Trust Fund solvency. Although the need to take out an extended loan from the federal government is not anticipated at this time, without this extension DOL would have no mechanism to assess a surcharge should the need arise.
This bill extends the expiration date of sections 30 and 31 of Chapter 62 of the Laws of 2003 to December 31, 2011. Section 30 establishes the interest assessment surcharge fund in order to receive these assessed surcharges from DOL. Section 31 authorizes DOL to collect a surcharge from employers for the purpose of paying interest on UI benefit loans from the federal government.
These provisions have been extended since 2006 and recently was extended again by Chapter 57 of 2008 to December 31, 2009.
Budget Implications:
Enactment of this bill is necessary to implement the 2009-10 Executive Budget. If DOL is required to make Federal interest payments and there is no mechanism in place to assess employers for this cost, the State could incur General Fund liabilities, which are not assumed in the Executive Budget, or face Federal sanctions.
Effective Date:
This bill takes effect immediately.
Purpose:
This bill would extend Human Rights Law provisions regarding civil penalties and fines to all appropriate cases of discrimination. The bill would also allow the Division of Human Rights (DHR) to promulgate regulations to allow employers with fewer than 50 employees who incur civil penalties in employment discrimination cases to pay those penalties with interest in installments for not longer than three years.
Statement in Support, Summary of Provisions, Existing Law, and Prior Legislative History:
Civil fines and penalties can presently be awarded only in cases of housing discrimination. This bill would provide consistency in the law, so that civil fines and penalties can be awarded in all appropriate cases where unlawful discrimination is found. This would supplement the remedies presently available under the Human Rights Law, which are generally equitable in nature, and would strengthen its deterrent effect. Further, allowing the payment of penalties in installments for businesses with fewer than 50 employees, would preserve the deterrent effect of this bill without unduly burdening small businesses.
Section one of the bill expands the authority of DHR to assess civil penalties at levels currently authorized for housing discrimination cases — no greater than $50,000 for an unlawful discriminatory act and no greater than $100,000 in cases where the discrimination is found to be willful, wanton or malicious. Section two of the bill provides that any civil penalty issued pursuant to this bill shall be stated separately and not reduced or offset by any other damages incurred by the respondent. This section also allows the promulgation of regulations for the installment payments for civil penalties against businesses with less than 50 employees.
Budget Implications:
Enactment of this bill is necessary to implement the 2009-10 Executive Budget, which assumes recurring General Fund revenues of $125,000.
Effective Date:
The bill takes effect ninety days after enactment.
Purpose:
This bill would increase boiler inspection and asbestos licensing, certification and notification fees.
Statement in Support, Summary of Provisions, Existing Law, and Prior Legislative History:
The fees for boiler inspection and for asbestos licensing, certification and notification have not been increased in five years. These increases would generate income to be used for Department of Labor inspection activities and General Fund relief.
Sections one and two of the bill amend the Labor Law to double twelve asbestos, certification, and notification fees. Section three amends the Labor Law to double boiler inspection fees. This is a new bill.
Budget Implications:
Enactment of this bill is necessary to implement the 2009-10 Executive Budget, which assumes $11.3 million in penalty revenue generated by these fees.
Effective Date:
This bill takes effect immediately.
Purpose:
This bill seeks to strengthen public safety by imposing more specific licensing requirements concerning explosives; authorizing the Department of Labor (DOL) to impose a civil penalty to enforce State requirements for explosives and explosive storage magazines; increasing criminal penalties for violations relating to explosives and creating civil penalties; applying certain State licensing requirements and enforcement provisions to pyrotechnicians; and allowing licensed pyrotechnic companies to apply for firework display permits.
Statement in Support, Summary of Provisions, Existing Law, and Prior Legislative History:
Although DOL is required to regulate the use and storage of explosives, current law does not provide adequate means to address and deter violations. This bill addresses security concerns arising out of use and storage of explosives by amending Article 16 of the Labor Law, which has remained largely unchanged since 1949.
The provisions of this bill will impose more specific licensing requirements on the ownership, manufacture, possession, storage, use, transportation, purchase, sale or gift of explosives; apply certain licensing and enforcement provisions to pyrotechnicians; create civil penalties for violation of explosive requirements; augment certain related criminal penalties; allow licensed pyrotechnic companies to apply for firework display permits with a bond of at least $1 million; and update the safety distance requirements for pyrotechnics shows, to insure that they are consistent with actual public safety needs.
Current law allows the Commissioner of Labor to issue licenses, certificates and renewals for explosives and explosive storage magazines for one year, and to impose a $50 fee for licenses to own and possess explosives and a $100 fee for manufacturing licenses and certificates to store explosives. The General Business Law also establishes criminal penalties for violating licensing and other requirements related to the use and storage of explosives which are enforceable by the Attorney General or a local law enforcement agency. The Penal Law allows State and county parks and localities to grant permits for firework displays to municipalities, fair associations, amusement parks, or organizations of individuals, and sets the current minimum bond amount for a permit at $5,000.
In 2008, a bill which would have allowed firework display permits was vetoed due to the lack of sufficient safety provisions. This bill addresses those concerns.
Budget Implications:
Enactment of this bill is necessary to implement the 2009-10 Executive Budget, which assumes $294,000 in revenue generated by these fees and penalties.
Effective Date:
Most provisions of this bill take effect immediately. The provisions regarding the relocation of explosives magazines take effect 30 days after enactment, and the provisions regarding licensing of pyrotechnicians and firework display permits take effect 180 days after enactment. The expanded civil and criminal penalties apply only to offenses after the effective date.
Purpose:
This bill seeks to reduce crane accidents by authorizing the Department of Labor to impose civil penalties for unlicensed crane operation.
Statement in Support, Summary of Provisions, Existing Law, and Prior Legislative History:
Currently, the Department of Labor requires crane operators outside of New York City (which has its own rigorous licensure requirements) to hold a “certificate of competence” issued by the Commissioner of Labor. However, the Commissioner has no authority to impose monetary penalties on operators who do not have a valid certificate, or employers who willfully use an uncertified crane operator.
In order to better protect the public from individuals and employers who operate cranes without the requisite knowledge and experience, this bill would authorize the Commissioner to impose civil penalties against individuals outside New York City who violate the certification requirement, and employers who willfully hire them. The civil penalties authorized by this bill would serve as a strong incentive for employers and their agents to ensure that crane operators working for them are licensed, and would provide additional enforcement tools to supplement misdemeanor criminal penalties set forth in existing law.
Section 1 of the bill amends Section 484 of the General Business Law to allow the Commissioner to impose a civil penalty against a person who operates a crane without a certificate of competence issued by the Commissioner, in an amount of up to $1,000 for a first violation, up to $2,000 for a second violation and up to $3,000 for subsequent violations. This section also establishes that an employer or contractor, or their agent, who willfully allows a person to operate a crane without a certificate of competence or a license issued by the Commissioner will be subject to a civil penalty in an amount of up to $5,000 for a first violation and up to $10,000 for subsequent violations. Persons who have received two final determinations of unauthorized crane operation will be barred from applying for a certificate of competence for two years.
Currently, Labor Law prohibits individuals from operating a crane without a valid certificate of competence issued by the Commissioner, and provides criminal penalties such misconduct. The Law also exempts New York City from regulation by the Commissioner of Labor relating to crane operations.
This is a new bill.
Budget Implications:
Enactment of this bill is necessary to implement the 2009-10 Executive Budget, which assumes $436,000 in additional revenues from these new penalties.
Effective Date:
This bill takes effect immediately.
The provisions of this act shall take effect immediately, provided, however, that the applicable effective date of each part of this act shall be as specifically set forth in the last section of such part.