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cruitment of special education teachers, in-service education of special education teachers, transition of children from special education classes into the regular education program and for the provision of educational related support services, pursuant to a chapter of the laws of 1985

.....5,000,000"

This appropriation, to which I object and do not approve, is made subject to legislation which has not yet been introduced. It is inappropriate to provide funding for a program for which the specific parameters are unknown. Therefore, I am disapproving this appropriation to ensure that subsequent legislation to establish special education initiatives noted herein will be developed consistent with funds specifically reserved therefore. The sum of $5 million has been reflected in the 1985-86 State Financial Plan for this purpose with the understanding that a like appropriation will be attached to the referenced special education legislation.

NOT APPROVED

Bill Page 98, line 7 through line 11, beginning with "Five" through "women.", inclusive

DIVISION OF ALCOHOLISM AND ALCOHOL ABUSE

"Five percent or so much as is necessary of alcohol abuse, drug abuse and mental health block grant funds contained herein shall be utilized in accordance with federal law with respect to alcohol programs for women.

11

NOT APPROVED

is

This language, to which I object and do not approve, unnecessarily reiterates one of many federal block grant mandates which the State required to satisfy. In addition to being redundant, the language could also be confusing by singling out this one grant condition.

Bill Page 104, line 53 through line 55, and

Bill Page 105, line 2 through line 3, beginning with the word "Five" through "women. ", inclusive

DIVISION OF SUBSTANCE ABUSE SERVICES

"Five percent or so much as is necessary of alcohol abuse, drug abuse, and mental health block grant funds contained herein shall be utilized in accordance with federal law with respect to substance abuse programs for women."

This language, to which I object and do not approve, similarly reiterates one of many federal block grant mandates which the State is required to satisfy. In addition to being redundant, the language could also be confusing by singling out this one grant condition.

Bill Page 150, line 15, inclusive

NOT APPROVED

DEPARTMENT OF TRANSPORTATION
MASS TRANSPORTATION OPERATING ASSISTANCE

"For the period April 1, 1985 December 31, 1985"

Bill Page 150, line 29, inclusive

NOT APPROVED

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"For the period January 1, 1986 - March 31, 1986"

Bill Page 150, line 42 through line 50, and

Bill Page 151, line 2 through line 47, beginning with "Notwithstanding" through "chapter.", inclusive

NOT APPROVED

"Notwithstanding any other provision of the law to the con-
trary, no part of this appropriation for the period Jan-
uary 1, 1986 March 31, 1986 shall be made available
to the metropolitan transportation authority until
until the
metropolitan transportation authority has submitted its
operating budgets in compliance with the following

section.

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On

before October fifteenth, nineteen hundred eightyfive the chairman of the metropolitan transportation authority shall submit to the director of the budget proposed 1986 operating budgets for the metropolitan transportation authority, the New York city transit authority (including the Manhattan and Bronx surface transportation authority), the Staten Island rapid transportation authority, the Long Island rail road, and the metro-north commuter railroad (including Pascack and Port Jervis services). The budgets shall be submitted in such form as the director of the budget shall prescribe but shall for each operation include the following:

(a) estimates of all revenues by source including transfers from capital budgets;

(b) the number of personnel and funding requested for each program and necessary funding within each operation including full time employees and temporary service;

(c) amounts for other than personal service within each program including, but not limited to, separate items of expenditure for fringe benefits, supplies and materials, contractual services, judgements and claims, power and fuel; and

(d) any other information the director of the budget shall determine is necessary to evaluate the expenditures of

the operations.

The director of the budget shall submit to the chairman of
the metropolitan transportation authority, the chairman
of the senate finance committee and the chairman of the
assembly ways and means committee an evaluation of reve-
nues and expenditures proposed in the budgets on or
before December first, nineteen hundred eighty-five.
Such analysis shall be used in recommending the level of
appropriation to the metropolitan transportation
authority for the fiscal year 1986-87 budget. The direc-
tor of the budget shall establish a maximum amount that
can be spent on the
the metropolitan transportation
authority administrative budget, currently identified as
"metropolitan transportation authority headquarters"
expenses. Such amount prescribed by the director of the
budget shall be included in the 1986-87 request for ap-
propriations and shall only be amended by specific ac-
tion of the legislature.

No part of this appropriation shall be construed to limit
the maintenance covenants with bond holders and note
holders but
but shall only impact the ability of the
metropolitan transportation authority to receive grants
pursuant to section eighteen-b of the transportation law
as amended by this chapter."

The language added by the Legislature, to which I object and do not approve, requires the Director of the Division of the Budget to evaluate the operating budgets of the Metropolitan Transportation Authority (MTA) and its affiliates and subsidiaries and report his analysis to the legislative fiscal committees, and mandates use of this analysis in recommending a level of aid to the authority. In addition to being vague ambiguous, the new provisions constitute an inappropriate intrusion into the privileged relationship between the Executive and his chief appointed fiscal officer on matters involving State policy and finance.

The new language also requires the Budget Director to establish the maximum amount that the authority can spend on its administrative budget, thereby substituting the decision of the Budget Director for that of the MTA Board. This appears to conflict with the statutory powers of the authority to appoint such officers and employees as it may require for the performance of its duties and may also raise questions concerning impairment of the authority's bond covenenants.

This language would not effect meaningful accountability and contains serious defects that require its disapproval.

Bill Page 172, line 45 through line 47, inclusive

NOT APPROVED

HIGHER EDUCATION

"For special contractual services for medical affiliation services by Erie County Medical center

...

...5,000,000"

This appropriation, to which I object and do not approve, duplicates funding provided under the State Operations Budget through the Department of Health which is the more appropriate source of funds for purposes of assistance to the Erie County Medical Center.

(Signed) MARIO M. CUOMO

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