By Dave Lucas, NYSAC Director of Finance and Intergovernmental Affairs
The County 2012 Legislative Program includes a series of proposals designed by county officials with a goal of making New York a better, stronger, and economically viable State in which to live, work and raise a family.
Meaningful mandate relief for counties remains counties? top priority for this State Legislative Session. We believe the State has an opportunity to build upon the significant progress the Legislature and Governor started last year to control State spending.
Controlling State spending and reining in the size and scope of State programs and bureaucracy is the first step in lowering the cost of government at all levels in New York. A key cost driver of county property taxes is spending for State-mandated services and programs, with Medicaid being the largest cost in the county tax levy. To help restore trust, and improve transparency and accountability to the taxpayer, counties believe the State must gradually assume full responsibility for its Medicaid program. The State controls all aspects of the Medicaid program from benefit design, eligibility and reimbursement rates. The significant reforms of the Medicaid Redesign Team enacted in last year?s State Budget, the implementation of the Affordable Care Act and the influx of new federal resources associated with Health Care Reform provide a once in a generation opportunity for the State to assume full responsibility for its Medicaid program over a period of years.
Counties want to lower property taxes. Lower property taxes will improve the economic competitiveness of New York and providing counties relief from the State Medicaid mandate is the surest way to make that happen.
Provide Mandate Relief and Improve Government
Accountability
? The number one county priority is to gradually end the counties? share of the State and federally controlled Medicaid program. In most counties the cost of paying for the State?s Medicaid program consumes about half of the county property tax levy. In some counties that cost exceeds 90% of the property tax levy.
? Enacting legislation that removes counties from paying for the State?s Medicaid program will ensure the property tax cap is effectively implemented, increasing accountability to the
taxpayer and lowering property taxes.
? Recently enacted State Medicaid reforms, further State program efficiencies, reviewing State revenue options, and maximizing opportunities under the federal health reform law provide a realistic fiscal opportunity to immediately freeze the local share of Medicaid costs at the 2011 level and begin a gradual State takeover of all local government Medicaid costs.
? S.5889-B/A.8644 provides the framework for a gradual State assumption of the local share of Medicaid costs. Enacting this this legislation will place the responsibility for State programs in the hands of State leaders, where it belongs.
Provide Timely State Reimbursement
? Action must be taken by the Governor, the State Legislature and State agencies to accelerate reimbursements to counties and establish State budget reforms that ensure timely payment to counties. Counties are mandated to administer and fund a broad array of programs for the State with the understanding that timely reimbursement will be forthcoming. Counties often wait months, sometimes up to two years to receive State reimbursement. Counties struggle during normal economic times to act as a ?short-term lender? to the State with no compensation for these reimbursement delays.
Children with Special Needs
Improve the Sustainability of Services for Children
with Special Needs
? Enforce Chapter 406 of the Laws of 2011 to ensure counties? commercial health insurance claims for all Early Intervention services are maximized.
? Immediately cap the county fiscal contribution for the 4410 Preschool Special Education program, and gradually remove counties from the contractual and programmatic responsibilities of the program.
? Hold counties harmless for any claims determined to not be in compliance with the Office of the Medicaid Inspector General Medicaid requirements as a result of automatic submission by the New York Early Intervention System. The new IT reporting and billing system for Early Intervention services developed by the State has numerous flaws, acknowledged by the State, but unlikely to be fixed until the next update comes available.
Agriculture, Economic Development, Environment
and Rural Affairs
Agriculture
? Promote the economic viability of farming in New York by partnering with federal, State, and local leaders to support pro-farming initiatives and preserve State and federal funding for agriculture programs.
Economic Development
? Support Regional Economic Development Councils as they work with counties to rebuild New York?s economy, shape our economic future, and reduce the cost of doing business in New York State.
Environment
? Support improvements to environmental quality without impeding the local economy.
? Oppose overly burdensome regulations that impede counties? local economies, such as the Chesapeake Bay total maximum daily load regulatory proposal by the United States Environmental Protection Agency.
Intergovernmental Relations
End New Unfunded Mandates and Enhance Home Rule Authority
? Enact a permanent ban on new unfunded State mandates on local governments and put an end to State budget and legislative actions that simply shift costs from the State to local
taxpayers.
? Support local government participation in the siting of power generation facilities as a key part of an overall revised State energy policy.
Human Services and Juvenile Justice
Limit New Unfunded Mandates in Human Services and Reform
Juvenile Justice Services
? Enact meaningful and comprehensive juvenile justice reform that incentivizes local governments to find alternatives to incarceration for at-risk juveniles, improves treatment options and outcomes for individuals and their families, and saves money for both State and local taxpayers.
? Support a commitment to the safety, service delivery, permanency, continuing care/adoption, and well-being of children by prioritizing child welfare financing in 2012.
? End the expansion of unfunded social services mandates on counties and New York City, and require the State to fund a portion of the administrative costs of these programs.
Native American Affairs and Gaming
? Support Governor Cuomo?s actions to collect all sales and excise taxes on tribal and Indian sales to non-Indians, and encourage the Governor and the Legislature to take all action necessary to ensure collection of these taxes.
? Establish a system of motor fuel tax collection on Indian sale to non-Indians to serve as an alternative to the tax exemption coupon system.
? Urge the introduction of legislation that increases penalties for possession of unstamped or unlawfully stamped cigarettes.
? Amend New York State law to narrowly define ?qualified reservation? for all tax purposes.
Public Employee Relations
Build a Sustainable Model
? Address unsustainable payroll cost increases for counties through the implementation of pension reforms that will reduce the fiscal impact of State mandated pension benefits on county property taxpayers, including reforms that allow for defined contribution models.
? Refrain from enacting new public employee benefit mandates to assist in curtailing rising local property taxes.
? Fully implement the 2007 Workers? Compensation reform laws that cap compensation payments and hasten the process for declaring permanent partial disabilities.
Public Health and Mental Health
Enhance Local Public Health and Mental Health Service Capacity
? Avoid further cuts to Public Health emergency preparedness funding in the 2012 Federal Budget, and adequately fund and protect the emergency preparedness funding program in the 2012-2013 State Budget.
? Reinvest a portion of the savings from the closure of State facilities into local services.
? Recognize the critical role of the local governmental unit in a successful redesign of the health and mental hygiene service system across New York State.
? Restore Article Six State Aid and State Grant Funding for Local Public Health Activities.
Public Safety
Fully Fund Local 9-1-1 Systems, and Reduce State Imposed
Mandates on Local Jail Operations and Probation Services
? Support the increased allocation of revenues from the New York State Public Safety Surcharge to counties to support 9-1-1 operations, public safety communications and overall goal of state-wide interoperability.
? Support additional measures that give county jails operational flexibility in order to alleviate undue burdens and mandates on counties.
? Support county probation offices? efforts to promote public safety, protect citizens and rehabilitate offenders as alternatives to incarceration.
Taxation and Finance
Strengthen Local Government Taxation and Finance Authority by
Honoring Home Rule Requests and Improving Sales Tax Collection
and Distribution Transparency
? Implement taxation policies related to natural gas extraction that maintain and improve revenues to counties and local municipalities.
? Create a system that enhances sales tax transparency and accountability to improve State and local government fiscal management.
? Honor home rule requests and streamline the home rule process by allowing counties to more easily establish local tax rates.
Transportation and Public Works
Maintain Investments
? Support greater investment in the CHIPS program and Marchiselli Program.
? Develop a multi-year plan to return structural balance to the State Dedicated Highway Bridge and Trust Fund.
? Establish a new State Aid to Local Bridge Program to increase bridge safety and further stimulate the State?s economy.
? Support job-creation and job-retention investment in airports and the aviation industry.
? Create a State-local task force assigned with the goal of creating policies to better equip local governments to maintain highways and bridges.
Community Colleges Financing Reform
Modernize Financing of Community Colleges
? Support legislation to modernize the financing of community colleges, including setting differential tuition and establishing percentage limits that colleges can charge for various degrees.
Working Together for Change
In addition to our continued advocacy efforts to achieve meaningful mandate relief for counties, the Association will work for the successful passage and enactment of these priorities identified by county members throughout the past several months.
Source: http://nysac.org/news/nysac-news-winter-2012/county-2012-legislative-program-leads-with-mandate-relief/
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