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STATE OPERATIONS

Fund". Such fund shall consist of all moneys recovered by the attorney seneral or received by the commission from the assessment of civil penalties authorized by this section. Such moneys shall be deposited to the credit of such fund and shall, in addition to any other moneys made available for such purpose, be available to the commission generally for the purpose of enforcing the provisions of the lobbying act. All payments from the lobbying act enforcement fund shall be made on the audit and warrant of the state comptroller on vouchers certified and submitted by the chairman of the commission or the executive director of the commission if so designated by the chairman.

STATE OF NEW YORK-EXECUTIVE CHAMBER

April 17, 1985

To the Assembly:

I hereby transmit, pursuant to the provisions of Section 7 of Article IV and Section 4 of Article VII of the Constitution, statement of items objected to and not approved, contained in Assembly Bill Number 1351-A entitled:

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"AN ACT making appropriations for the support of government

STATE OPERATIONS BUDGET"

Bill Page 18, line 8 through 43, beginning with "Notwithstanding" and

ending with "activities"

NOT APPROVED

DIVISION OF ALCOHOLIC BEVERAGE CONTROL

AND
LOCAL ALCOHOLIC BEVERAGE CONTROL BOARD

or

"Notwithstanding any other provision of law,

the division shall submit a report to the director of the budget, the chairman of the senate finance committee and the chairman of the assembly ways and means committee on before January first, nineteen hundred eighty-six. Such report shall include, but not be limited to, information enumerating for each zone office, for each month within the period covering April first, nineteen hundred eighty-five to November thirtieth, nineteen hundred eighty-five, and within each major class of license, (i) the number of license renewals and initial applications for licenses, (ii) the number

com

zone

of renewals and applications approved and denied, (iii) the average time taken to approve and deny a license renewal and an initial license application,

application, (iv) the number of full time equivalent employees working on processing renewals and applications, and (v) the average monthly backlog of unprocessed license renewals and unprocessed license applications; an internal review of the division's puterized program

for handling permit renewals; and recommendations to shorten the time taken to process licenses including, but not limited to, (i) developing productivity standards and optimum workload levels for each

office, (ii) identifying minimum staffing needs for each zone office to maintain optimum workload levels, (iii) improving coordination between local alcoholic beverage control boards and the state liquor authority, (iv) developing consolidated license application forms, (v) implementing a system of exception reporting for license renewals to avoid resubmission of information already on file with the agency, (vi) setting time limits for action

license applications, (vii) reviewing standards for qualifications of licensure, (viii) eliminating unnecessary regulations, and (ix) further efforts to automate licensing activities"

on

a

This language, to which I object and do not approve, is intended to require the Division of Alcoholic Beverage Control to submit to the legislative fiscal committees a report that includes workload and staffing data and a review of and recommendations on the Division's processo ing of license renewals and applications. The effect of this is to implement by appropriation language key item reporting requirements for specific agency.

Currently, Chapter 405 of the Laws of 1981 vests this authority in the Governor as part of a system to evaluate designated agencies'

' performance

in achieving program goals and objectives. The use of agencyspecific appropriation language in this way would unnecessarily burden the operations of the Division and render the procedure set up by Chapter 405 meaningless.

Bill Page 48, line 23 through line 26, inclusive

NOT APPROVED

DEPARTMENT OF COMMERCE

"For expenditures related

to

economic development program studies, to be suballocated to the senate and to the assembly jointly

..500,000"

This language would require that a portion of an appropriation to the Department of Commerce be provided to the Legislature for its expenditures related to economic development program studies.

I object to and do not approve the expenditure of these funds for unspecified studies to be performed by the Legislature. If the Legislature plans to conduct such studies, funding should be obtained through the legislative budget.

35 beginning with ". Expenditure" and ending with

Bill Page 65, line

"1985", inclusive

NOT APPROVED

DIVISION OF CRIMINAL JUSTICE SERVICES

Expenditure of these monies shall be pursuant to a chapter of the laws of 1985".

Bill Page 65, line 40 through 42, beginning with ". Expenditure" and

ending with "1985", inclusive

NOT APPROVED

Expenditure of these monies shall be pursuant to a chapter of the laws of 1985".

Bill Page 67, line 6 through 9, beginning with ". Expenditure" and end

ing with "1985", inclusive

NOT APPROVED

". Expenditure of these monies shall be pursuant to a chapter of the laws of 1985"

Bill Page 67, line 23 through 26, beginning with ". Expenditure" and

ending with "1985", inclusive

NOT APPROVED

". Expenditure of these monies shall be pursuant to a chapter of the laws of 1985"

Bill Page 67, line 40 through 43, beginning with ". Expenditure" and

ending with "1985", inclusive

NOT APPROVED

". Expenditure of these monies shall be pursuant to a chapter of the laws of 1985"

This language, to which I object and do not approve, would cause delay in the development of a State application for Federal justice assistance since such an application could not be prepared until after a bill has passed the Legislature and been approved by the Governor. Furthermore, if such bill required the State's application to be in a form unacceptable to Federal authorities, correction of the problem would be further delayed.

а

Bill Page 68, line 13 through 15, beginning with ". Expenditure" and

ending with "1985", inclusive

NOT APPROVED

DIVISION OF CRIMINAL JUSTICE SERVICES

". Expenditure of these monies shall be pursuant to chapter of the laws of 1985"

a

This language, to which I object and do not approve, may impede the efficient delivery of services and assistance to the victims of crime and victim/witness organizations. Federal law and regulation already dictate the eligible purposes for newly available financial assistance and identify as priority areas services to the victims of sexual assault, spousal abuse and child abuse. Moreover, any desired amendments to existing State crime victim statutes can be accomplished without jeopardizing the flow of Federal monies to the victims of crime.

Bill Page 92, line 13 through line 19, inclusive

NOT APPROVED

EDUCATION DEPARTMENT

"Additional funds to increase SEP grants to

$ 2500 effective October 1985 provided that $ 1000 of such amount in excess of $ 1500 shall be exempt for the purposes of the definition of net operating costs as defined in article 41 of the mental hygiene law

4,600,000"

The language duplicates identical provisions which were added to the Aid to Localities appropriation bill. Because the sheltered employment program (SEP) is local assistance-funded program, the language is technically incorrect and uplicative and is, accordingly, disapproved.

a

an

The more fundamental issue raised by the legislative action is whether State local assistance funding for the sheltered employment program (SEP) should be increased in the absence of a fundamental restructuring of the SEP program. During the past two years, I have submitted legislation to enact comprehensive reform of the manner in which rehabilitation services are provided to disabled persons through the establishment

of independent Office of Rehabilitation Services (ORS). The ORS bill, among many other important provisions, proposed the same SEP funding increase,

but in the context of a fundamental restructuring of the SEP program, which is urgently required. The bill received bipartisan Assembly support and was endorsed by the vast majority of consumers and providers during Senate hearings last year.

Recognizing the financial strain experienced by SEP providers, I have decided not to object to the proposed local assistance increase, which will be effective only during the 1985-86 fiscal year. I would, however, urge the Legislature to enact the ORS bill during this legislative session, which will not only make this SEP enhancement permanent, but will result in a far more significant long-term improvement in the quality of services for disabled persons in New York.

Bill Page 102, line 27 through line 49, inclusive

NOT APPROVED

ENERGY RESEARCH AND DEVELOPMENT AUTHORITY

"Prior to approval by the director of the

budget of a comprehensive financial plan, the authority shall adopt rules pursuant to the state administrative procedure act. Such rules shall specify procedures and criteria for developing and soliciting research, demonstration, and development proposals and for awarding contracts from solicited and unsolicited research proposals including provisions for timely written explanation to rejected applicants if they so request.

The authority shall prepare an annual report on their research program by February first, nineteen hundred eighty-six for submission to the director of the division of the budget and the chairmen of the legislative fiscal committees. Such report shall include listing of research contracts funded from this appropriation, project descriptions and anticipated benefits, status, funds needed to complete the contract, and co-funding sources and amounts."

а

This language, to which I object and do not approve, would preclude the advance of money to the Energy Research and Development Authority until certain regulations are implemented pursuant to the State Administrative Procedures Act. These regulations, however, would only supplement the Authority's extensive existing written guidelines and policies.

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