Governor Paterson Vetoes A.2565/S.2664

ALBANY, NY (09/19/2010)(readMedia)-- Governor David A. Paterson today announced that he has vetoed A.2565/S.2664, which would have capped the amount of income that public assistance recipients who are HIV positive or have AIDS may spend on rent. The Division of Budget estimates the combined cost of the bill to the State and New York City would be greater than $20 million at a minimum.

"This is my most difficult veto," Governor Paterson said. "I recognize, sadly, the history of the inadequacy of services government has brought to bear for those with HIV/AIDS. But, unhappily, this is not the only veto decision I have had to make that could adversely affect innocent New Yorkers who are seriously ill or disabled and who look to government for assistance. Yet, I am duty bound."

"It is my responsibility to shepherd the State through an unprecedented and far-reaching fiscal and revenue crisis," the Governor continued. "In that context, I have pledged not to impose unfunded mandates on cash-strapped localities, and to prevent the State from taking on additional financial burdens outside the budget process without an identified funding source. To my great sorrow, this legislation would violate those two principles. It is my impression that no matter how many times I say it, or act to emphasize it, the people, including their elective representatives, do not fully grasp the depth and severity of the State's imperiled financial condition."

Governor Paterson urged the Legislature to make this bill part of budget negotiations in the spring and summer, however both houses refused. Neither house included funding for the bill in its budget resolution. However, in vetoing this bill, Governor Paterson pledged to sign the legislation should the legislature identify adequate funding through budget cuts or appropriate revenue before the Governor's term ends.

"While I hope that, in a different financial climate, the State will have the resources to implement this and other proposals for its most vulnerable citizens, the State cannot incur financial obligations that it does not have the resources to fund, or impose such burdens on its counties, cities and towns," the Governor concluded.

Governor Paterson also took action on the following bills:

The Governor signed the following bills into law:

A.924-E/S.6793-B: Authorizes the department of environmental conservation to promulgate standards authorizing hunting with a crossbow; repealer.

A.1130-A/S.1928: Provides for limited dental instruction for dentists licensed in another state at accredited and approved schools or residency programs.

A.2294/S.756: Relates to the taking of fish for commercial purposes.

A.3661-C/S.1987-B: Enacts the "Dignity for All Students Act" to prevent harassment and discrimination.

A.4687/S.1104: Increases membership of New York City housing authority.

A.5653-A/S.4786-A: Relates to co-payments for prescription drugs.

A.6192/S.7621: Changes composition of the advisory council for the housing part of the New York City civil court.

A.7078-A/S.8096: Requires appearance enhancement business owners to provide masks and gloves to nail specialists.

A.7907-D/S.4778-C: Relates to prudent management of institutional funds standards; repealer.

A.7957-A/S.6102-A: Relates to peace officer training; repealer.

DCJS Departmental Bill # 52

A.8079-A/S.4075-A: Enacts the "Community College Region Capital Financing Act of 2010."

A.8285/S.7517: Adds certain substances to the list of nonprescription drugs reimbursed by Medicaid.

A.8687-B/S.8020: Prohibits the sale and use of wheel weights containing lead.

A.9466-A/S.6304: Relates to the fixing and collecting of rates and charges by the Cayuga County water and sewer authority.

A.9913/S.6813: Authorizes the Village of Port Dickinson, in the County of Broome, to offer an optional twenty year retirement plan to Sean Crouse and Paul Buttacovoli.

A.9947/S.6861: Authorizes William Bianco and Eric Lipinsky to file for retroactive membership in the optional 20 year retirement plan.

A.10109/S.7051: Allows members of the New York State and local police and fire retirement system who retire to elect the alternative option.

State Comptroller # 26

A.10123/S.7810: Amends chapter 537 of the laws of 2008, amending the education law relating to a restricted dental faculty license, in relation to extending the expiration of such chapter.

A.10268/S.6986: Authorizes the Town of Kirkland to offer an optional twenty year retirement plan to police officers Griffin, Knight, Cania and Smoulcey.

A.10634-B/S.7287-B: Relates to filling vacancies on the board of trustees and budget proposals in the D.R. Evarts library district in a portion of the Town of Athens.

A.10638/S.7754: Authorizes a limited permit to practice dental hygiene.

A.10718/S.7503: Increases the amount the Town of Southold, County of Suffolk, may appropriate for the Orient mosquito district from $80,000 to $120,000.

A.10943/S.7614: Prohibits the use of patient quotas for selecting dental treatments.

A.10946/S.7860: Requires polling places to be accessible to physically disabled voters.

A.10979/S.7736: Extends until December 1, 2012 the authorization of the County of Wyoming to impose a recording tax on obligations secured by a mortgage on real property.

A.11312/S.8116: Provides for a lifetime license for hunting, fishing and trapping under certain circumstances.

A.11597/S.8415: Makes technical corrections related to reporting requirements of the department of correctional services.

S.1523-A/A.5652-B: Relates to permitting two unmarried persons to adopt a child together.

S.2852/A.10773: Expands the definition of "employee" for the purposes of defense and indemnification of certain nonjudicial employees.

Office of Court Administration (Internal # 6 - 2009)

S.3681/A.6786: Relates to court approval of transfers of structured settlements.

Office of Court Administration (Internal # 11 - 2009)

S.5447-C/A.8692-C: Relates to the creation of election districts and deployment of voting systems; repealer.

S.5533-A/A.7972-A: Provides for compliance by the NYS&LERS and NYS&LP&FRS with the requirements of the federal Older Workers' Benefit Protection Act.

State Comptroller # 10

S.5775-A/A.8731-A: Authorizes the City of Oneonta to offer an optional twenty year retirement plan to police sergeant Douglas W. Brenner.

S.6014-B/A.8545-B: Relates to group life and group accident and health insurance policies.

S.6041-A/A.8641-C: Relates to the redemption of tax foreclosed real property by certain military members.

S.6152-B/A.9182-B: Allows Village of Mamaroneck to reopen the optional retirement plan offered under Section 384-D of the Retirement and Social Security Law to certain police officers.

S.6355-A/A.4170-B: Permits membership in certain school related associations by grandparents of certain children.

S.6926-A/A.10026-A: Allows certain deputy sheriffs of the County of Chemung to join the special retirement plan for sheriffs, undersheriffs and deputy sheriffs.

S.6984/A.6248-B: Authorizes the Town of Montgomery, in Orange County, to offer an optional 20 year retirement plan to police officer Kenneth M. Byrnes.

S.7182-A/A.11165: Authorizes the Village of Cornwall-on-Hudson, in the County of Orange, to offer an optional twenty year retirement plan to certain police officers.

S.7241/A.10422: Relates to the conditional approval of a final plat.

S.7365-A/A.10147-A: Relates to the payment protection afforded certain subcontractors on New York City school construction projects.

S.7454/A.10599: Extends the period of time during which certain real property tax exemptions apply.

S.7544-A/A.10753-A: Allows State police officers to receive an improved death benefit if they die without 20 years of service credit but with enough vacation and sick time to reach 20 years.

S.7627/A.10937: Authorizes the Village of Upper Brookville to expend trust funds to provide access to a park.

S.7656/A.10872: Requires identification of practices most susceptible to threats from dumping out of State products.

S.7806-A/A.10987-B: Continues and expands New York's program for use of electronic means for filing certain papers in civil litigation in supreme court and other courts.

Office of Court Administration (Internal # 85 - 2010)

S.7830/A.11380: Relates to credit line mortgages.

S.8221-A/A.11471-A: Authorizes the lease of lands located at the State University of New York at Albany.

S.8350/A.11557: Relates to tenant representative on City of New York housing authority.

The Governor vetoed the following bills:

A.247/S.7979: Relates to the maintenance of a database on intellectual property.

A.1730-D/S.4313-D: Specifies auction requirements.

S.7982-A/A.11387: Authorizes approval of certain transportation contracts of the Mamaroneck union free school district.

A.4302-A/S.4631-A: Relates to the establishment of rates of payment and delivery of health care services.

A.4550/S.3477: Creates the niche market assistance projects for small businesses to identify and develop niche markets for their products in competitive environments.

A.5255-A/S.7228-A: Creates the bioscience facilities development program.

A.6766/S.5942: Establishes a small business energy assistance and advocacy services program.

A.9717-A/S.6616-A: Relates to direct access to school-based health centers under child health plus.

A.9950/S.7030: Authorizes the City of Kingston to amortize the cost of payments to employees upon separation of service from such city.

A.10005/S.6977: Designates as peace officers, the uniformed court officers of the town court of the Town of New Windsor.

A.10052-A/S.7369-A: Requires the Secretary of State to compile, make public and keep current certain information about State boards.

A.10058-B/S.7022-B: Enacts the "Taxi Driver Protection Act."

A.10303-A/S.7458: Requires the MTA to hold hearings in each county that is allocated a voting member of the MTA before proposed changes in services or fares can take effect.

A.10761-A/S.5913-A: Includes certain employees of the town or Village of Harrison as peace officers.

A.10824-B/S.7432-A: Provides a mental hygiene legal service to certain patients or residents of residential healthcare facilities.

A.10973-A/S.8026-A: Relates to the placement of homeless persons in Suffolk County who are also sex offenders.

A.2565/S.2664: Provides that certain persons living with HIV or AIDS shall not be required to pay more than 30 percent of the household income towards shelter costs.

S.1432/A.5176: Prohibits radioactive or hazardous waste disposal or transfer stations from being sited within one thousand five hundred feet of school property.

S.5388-A/A.8149-A: Relates to the conduct of public hearings by the metropolitan transportation authority.

S.6967-A/A.10054-A: Authorizes the Town of North Greenbush to offer optional retirement plan to certain police officers.

S.7222/A.1458: Requires the board of elections in the City of New York to maintain voting machine storage and preparation facility in each borough of the city.

S.7323/A.10251: Relates to school district finance security taskforce.

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