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The development of these regulations could regulations could delay funding to the Authority for several months and the regulations could unnecessarily restrict or complicate the operation of the Research Program.
Bill Page 183, line 11 through 51, inclusive.
DIVISION OF HUMAN RIGHTS
services and expenses related to temporary service funding for human rights specialist positions for deployment in the regional offices and the backlog reduction unit for the purposes of increasing the regional affairs case processing capability by approximately 1,000 cases, reducing the number of aged cases on hand during the fiscal year to a level at which a special backlog unit is not needed and may be eliminated, increasing the speed of case determinations and allowing higher quality investigations. The agency shall measure the progress of the regional offices in achieving the abovementioned purposes during the fiscal year and report such measurements to the director of the budget and the chairman of the senate finance committee and the chairman of the assembly ways and means committee in suitable form or forms which may include the agency budget request, key item reporting, annual reports and special purpose reports; and such report or reports shall contain, at a minimum, the following measures: the level of activity indicated by cases received and cases closed, the level of resources used indicated by the number of full time equivalent human rights specialists assigned to processing cases, the productivity rate indicated by the number of cases per specialist per month and compared with an agency determined productivity standard, the quality of work indicated by the rate of beneficial redress to complainants, timeliness indicated by percent of cases resolved within the 180 day statutory limit and the median number of months between dates of filing and investigative outcome, and reduction in backlog indicated by the number of cases on hand over two years old. This funding is for one year only and is not renewable
for the next fiscal year. Notwithstanding any other provision of law, the amount made available herein may not be transferred or interchanged with any other appropriation and shall be used solely for the purpose prescribed
Amount available for maintenance undistributed
While I support the objective of reducing the backlog of cases before the State Division of Human Rights, I object to and do not approve this appropriation which would require the State Division of Human Rights to submit a report on its progress in reducing its backlog to the legislative fiscal committees that includes certain performance measures. The effect of this is to implement by appropriation language key items reporting requirements for a 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.
"The office of
mental retardation and developmental disabilities shall ensure legislative access to such system to enable the legislature to perform its functions, powers and duties pursuant to the laws of New York state. Such access, however, shall be limited for the purposes of protecting the confidentiality of client records pursuant to the provisions of the mental hygiene law."
Bill Page 267, line 33 through line 43, beginning with "The" through "law", inclusive
DEPARTMENT OF MENTAL HYGIENE
OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES
This language, to which I object and do not approve, would provide direct legislative access to an independent computer system for the Office of Mental Retardation and Developmental Disabilities. Although the added provisions purport to protect client confidentiality, the computer system cannot discretely prevent access to confidential client information. Other sensitive agency information, such as personnel files, would also potentially be available for legislative perusal. The Office will continue, in any event, to provide access to the Legislature to relevant information, which makes these provisions unnecessary.
Bill Page 293, line 36 through line 48, and
Page 294, line 3 through line 18, beginning with "in" through "vice. ", inclusive.
DEPARTMENT OF MOTOR VEHICLES
"in the counties of Nassau, Suffolk, Rockland and Westchester and in the city of New York to improve public service during peak workload periods and provide that such offices remain open for business in the evening on one day per workweek or during the day on Saturday. On or before May first, nineteen hundred eighty-five, the department shall submit to the director of the division of the budget, the chairman of the senate finance committee and the chairman of the assembly ways and means committee a plan for the deployment of such temporary service personnel and the criteria established for such deployment. On or before September first, nineteen hundred eighty-five the department shall submit an evaluation of the success of temporary service personnel in reducing waiting time at district offices and improving the level of service to the public. Such report shall also include the measurements used to evaluate service in the district office, establish standards for providing such service, and recommend measures that may be taken administratively and by legislation to improve service..
The language added by the Legislature, to which I object and do not approve, requires that all of the Department of Motor Vehicles' downstate district offices remain open for additional hours during the evening or on Saturday. While the intent to provide greater public convenience is meritorious, mandating additional office hours without regard to public demand unreasonably restricts administrative discretion in best serving the public. Further, this specific language fails to achieve its purpose because there is insufficient funding for both extended operating hours and additional staff to serve the public during daytime peak workload periods. The entire appropriation would be required solely to provide extended hours and there would be no funding available to maximize coverage during daytime peak conditions.
While disapproving this language, I am directing the Department to prepare a report by September 1, 1985 regarding the extent to which evening or weekend office hours in certain district offices would serve the public interest, and to identify the State cost, office locations and implementation schedule that would be required to institute such a program.
Bill Page 333, line 36 through line 38, beginning with ". No" through "campaign", inclusive
DEPARTMENT OF SOCIAL SERVICES
funds appropriated for this purpose may be used for a statewide multi-media campaign"
This language, to which I object and do not approve, would needlessly restrict the flexibility of the Department of Social Services in menting an innovative food stamp and nutrition education program.
Bill Page 391, line 15 through line 51, inclusive
DEPARTMENT OF TAXATION AND FINANCE
"The department shall, utilizing the follow-
ted on October 15, 1985 and the proposed workplan for 1986-87.
The department shall provide the executive and legislative branches with access to nonproduction data bases, including information on all business, income, and miscellaneous taxes. Such information shall be provided in adherence to the secrecy provisions of the law.
The department of taxation and finance shall report to the legislature any change in the scope of the systems modernization project. Such report shall contain a copy of the written proposal for a change in scope submitted by either the department or contracting consultant and the written response of the noninitiating party. In addition the department shall also report any change in the financial scope of the project."
This language, to which I object and do not approve, would place unnecessary and restrictive reporting requirements on the Department of Taxation and Finance. Legislative requests for information related to the Department's systems modernization project have been and will continue to be honored.
Bill Page 417, line 30 through line 39, inclusive
This language, to which I object and do not approve, is intended to require the Division of Veterans' Affairs to submit to the legislative fiscal committees an annual report that includes a program description of federal, state, local and voluntary counseling programs, an analysis of whether need is being met and proposed effectiveness measures for the provision of services. The effect of this is to implement by appropriation language key item reporting requirements for a 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