Chapter 23 The Structure and Function of State Government

New York State All information regarding New York State government can be found at

Section 1: State Constitutions (1.) State Constitutions create the structure of State government by a. Organizing each branch b. Defining powers and duties c. Creating the state court system

Section 1 (cont’d) (2.) State Constitutions establish different types of local government like a. Townships, counties, municipalities, parishes a. Townships, counties, municipalities, parishes, etc they also b. define the powers, duties & organization of local government

Section 1 (cont’d) (3.) State Constitutions regulate the ways state and local governments can raise and spend money by a. Specifying types of taxes like property, sales or income b. Specifying how certain revenues must be used like lottery $  education * 42 states have lottery; 23 allocate by law some of $ to education (as of 2007) * most states give approx 35 cents for each dollar of lottery $ * Oregon 63% to education, voters choose

Lottery $ and Education lotteries accounted for less than 1 percent to 5 percent of the total revenue [local, state & federal funds] for K-12 education last year A 2007 New York Times examination of lottery documents, as well as interviews with lottery administrators and analysts, finds that lotteries accounted for less than 1 percent to 5 percent of the total revenue [local, state & federal funds] for K-12 education last year in the states that use this money for schools.

NYS Lottery Proceeds 12% from the total revenue According to Lottery.com, in 2010, the New York State Lottery sold tickets for more than $7.8 billion, out of which $2.6 billion were used to fund education. That is a total of 12% from the total revenue that was spent on education. computed according to an equalized formula based on each school district’s taxable property wealth per pupil “According the School Law Handbook, which is published by the NYS School Boards Assoc and the NYS Bar Assoc., a school district’s share of the lottery proceeds is computed according to an equalized formula based on each school district’s taxable property wealth per pupil to support the general state aids otherwise payable to a school district… A portion of the lottery funds ($15 per resident pupil) is added to regular textbook aid Lottery aid also includes a $10 payment for each blind and deaf student attending state-supported schools for the blind and deaf, …School districts receive a portion of their fall state aid payment in the form of a check directly from the lottery fund by September 1 ( 3609-a(1)(a)(2)). A portion of the lottery funds ($15 per resident pupil) is added to regular textbook aid, which is included in the check districts receive from the lottery fund. Lottery aid also includes a $10 payment for each blind and deaf student attending state-supported schools for the blind and deaf,” a New York State Education Department statement reads.

NYS Lottery Proceeds 34 percent out of every dollar spent on the lottery goes to education According to Lottery.com, 34 percent out of every dollar spent on the lottery goes to education, while 58 percent is distributed to winners. The remainder 6 percent is used to pay lottery retailers. A sampling of local district education allocations includes: Albany $12,171, Troy $7,324, Schenectady $16,657, Shenendehowa $9,977, Bethlehem $5,473, Niskayuna $4,617,544.85

Section 1 (cont’d) State Constitutions establish independent state agencies, boards, and commissions Example: School Boards of Education

Section 1 (cont’d) State Constitution is supreme above all other laws within the state contain provisions that clash with the United States Constitution ! (4.) State Constitutions CANNOT contain provisions that clash with the United States Constitution ! If this occurs federal law & the Constitution are Supreme; the state law would be unconstitutional.

New York State 1777 (5.) NYS Constitution was first adopted in 1777 NYS has had 4 constitutions Our present constitution was adopted in 1938 a Senate (62 members) and Assembly (150 members) (6.) NYS legislature has a Senate (62 members) and Assembly (150 members)

State Executive Branch Andrew M. Cuomo ($178, 509 salary) (7.) Governor Andrew M. Cuomo ($178, 509 salary) Andrew M. Cuomo, elected the 56th Governor of New York State on November 2, 2010, has a lifelong commitment to public service and the proven leadership skills to make government work for the people of the state New York’s Attorney General. Prior to his election as Governor, Andrew Cuomo served four years as New York’s Attorney General. Secretary of Housing and Urban Development (HUD). In 1997, Cuomo was appointed by President Clinton to serve as Secretary of Housing and Urban Development (HUD). Housing Enterprise for Less Privileged (HELP) New York City Commission on the Homeless. In addition, Cuomo established Housing Enterprise for Less Privileged (HELP) in 1986, which became the nation’s largest private provider of transitional housing for the homeless. Based on his pioneering work through HELP, Cuomo was appointed by New York City Mayor David Dinkins in 1991 to lead the New York City Commission on the Homeless.

State Executive Branch Lt. Governor Robert (Bob) J. Duffy Bob Duffy was elected Lieutenant Governor in November 2010 after he and running mate Andrew Cuomo ran a successful campaign to lead New York State. Duffy had been mayor of Rochester, NY since January 1, Born in Rochester’s Tenth Ward, Duffy graduated from the Aquinas Institute, Monroe Community College and Rochester Institute of Technology. After joining the Rochester Police Department in 1976, he worked nights to earn a Master’s degree from Syracuse University. He became Deputy Chief of Police in 1992 and Rochester’s Chief of Police in 1998.

State Executive Branch Lt. Governor DuffyGovernor Cuomo

State Executive Branch Eric T. Schneiderman ($151, 084 salary) (8.) Attorney General Eric T. Schneiderman was elected November 2 nd 2010 as New York’s 65 th Attorney General. ($151, 084 salary) As Attorney General, Schneiderman is the highest ranking law enforcement officer for the State; he is responsible for representing New York and its residents in legal matters. Current initiatives include: a Taxpayer Protection Program, the Medicaid Fraud Unit and public integrity officers for each region of the state among others.

State Executive Branch

State Legislative Branch NYS legislature has a Senate (62 members) and Assembly (150 members)

State Legislative Branch N YS Senate B esides passing legislative proposals and constitutional amendments, the Senate confirms or rejects nominations made by the Governor for the filling of certain State and judicial offices. I t also sits at times as a court of impeachment, and can be convened in extraordinary session to perform either of these latter functions.

NYS Senate The Lieutenant Governor while not a member of the Senate, is its President and presiding officer but, by constitutional enactment, has only a casting vote therein. succession The Majority Leader is also the Temporary President, presides in the absence of the Lieutenant Governor and is next in line to the Lieutenant Governor in succession to the governorship.

NYS Senate

Our NYS Senator (9.) Thomas F. O’Mara (R) Senate District 58 ($79, 500 salary) Thomas F. O'Mara was elected to represent New York State’s 53rd (now the 58 th ) Senate District on November 2, His district covers all of Chemung, Schuyler, Steuben and Yates counties, and a portion of Tompkins County (the city and town of Ithaca, and the towns of Enfield, Newfield and Ulysses).

Our NYS Senator (cont’d) At the beginning of the 2011 legislative session, Senator O'Mara was appointed chairman of the Senate Standing Committee on Elections by Senate Majority Leader Dean G. Skelos. He was also appointed to serve as a member on the following 9 Senate committees: Agriculture; Banks; Civil Service and Pensions; Codes; Consumer Protection; Energy and Telecommunications; Environmental Conservation; Ethics; and Judiciary. He has also been named as one of five state senators serving on the joint, bipartisan Legislative Commission on the Development of Rural Resources.

Our NYS Assemblyman (10.) Assemblyman Bill Nojay (R) ($61,000 salary) Bill Nojay was elected to serve the constituents of the 133rd Assembly District on November 6, His district includes all of Livingston County, the towns of Pittsford, Mendon, Wheatland and Rush in Monroe County as well as the towns of Prattsburgh, Cohocton, Wayland, Dansville, Hornellsville and the City of Hornell in Steuben County. Bill is a small business owner, a business attorney with the law firm Hiscock & Barclay, and the host of a daily radio show which runs on several stations around Upstate New York. Bill co-authored a book used by industry finance executives on New York sales and use taxation of manufacturers. As a strong supporter of exporting Upstate products, Bill served for three years as President of the International Business Council of the Greater Rochester Chamber of Commerce.

Our NYS Assemblyman (new & old) Assemblymen Bill Nojay (R,I) and Phil Palmesano (R,C,I-Corning) recently welcomed Evelyn Piatt of Arkport Central School to the Assembly for a firsthand look at the inner workings of the NYS Assembly. Miss Piatt, who is from the 133rd Assembly District, which is represented by Mr. Nojay, joined Palmesano for the entire day May 10, 2013

Our NYS Assemblyman Nojay Endorses Unshackle Upstate’s Economic Revitalization Agenda To Cut Taxes For New York Families September 4, 2013 Assemblyman Bill Nojay (R,I) today endorsed Unshackle Upstate’s Economic Revitalization Agenda, which is designed to reduce the oppressive tax burden imposed on Upstate New York families and businesses. “Upstate families and businesses desperately need relief from New York’s highest-in-the-nation taxes. When we return to Albany in January, we will be working tirelessly to pass tax reforms that will create jobs and bring businesses back to Upstate New York.” Economic Revitalization Agenda will produce a 25 percent reduction in the state income tax for Upstate residents making less than $50,000 per year and reduce the state sales tax by 50 percent in economically- depressed Upstate counties. The Economic Revitalization Agenda will produce a 25 percent reduction in the state income tax for Upstate residents making less than $50,000 per year. It also calls for the gradual repeal of the corporate franchise tax by In addition, the plan would eliminate the 18-A Energy Tax for Upstate manufacturers and reduce the state sales tax by 50 percent in economically- depressed Upstate counties.

State Judicial Branch NYS Court System “The mission of the Unified Court System is to promote the rule of law and to serve the public by providing just and timely resolution of all matters before the courts.”

State Judicial Branch NYS Criminal Court System

Section 3: State Government Policy (11.) State governments have the power to A. regulate business, labor and professions B. establish laws dealing with property ownership, contracts, corporations & torts Tort: any wrongful act that could result in a lawsuit

Section 3 (cont’d) (11.)State governments have the power to (cont’d) administer and control natural resources such as land, water and animal life C. administer and control natural resources such as land, water and animal life share power with the federal government over areas like workers’ safety, employment policy, and consumer protection. D. share power with the federal government over areas like workers’ safety, employment policy, and consumer protection.

Section 3 (cont’d) Criminal Justice State and local governments provide more than 90% of employees in the criminal justice system State police forces did not exist until the 20 th century Pennsylvania was the first in 1905 Hawaii does not have a state police force

Section 3 (cont’d ) States and Health, Education & Welfare In general, states spend the majority of their revenue on these 3 areas. (12.) Education Expenditures New York State spends about $57 billion PK-12 New York State spends about $57 billion PK-12 Federal contribution to NYS education is approx 6% [closer to 10% if you include Head Start and lunch programs]  approx $ 4 billion [closer to $8 billion if you include…] NYS contribution is estimated at 46% NYS contribution is estimated at 46%  approx $19.6 billion is budgeted in FY Local gov’t contribution was 48% (primarily property taxes)  approx $ 25 billion

Section 4: Financing State Government (13.) Most states rely on the sales tax as their major source of revenue NYS FY estimated a revenue of $60,870 million (~ $61 billion) in taxes a. General sales tax: cars, clothing b. Selective sales tax: gas, liquor, cigarettes c. Income tax d. License tax