Chapter 24 & 25
Chapter 23 The Structure and Function of State GovernmentNew
York StateAll information regarding New York State government can
be found atWWW.NY.GOV
Section 1: State Constitutions(1.) State Constitutions create
the structure of State government by a. Organizing each branchb.
Defining powers and dutiesc. Creating the state court system
Section 1 (contd)(2.) State Constitutions establish different
types of local government likea. Townships, counties,
municipalities, parishes, etcthey also b. define the powers, duties
& organization of local government
Section 1 (contd)(3.) State Constitutions regulate the ways
state and local governments can raise and spend money bya.
Specifying types of taxes like property, sales or incomeb.
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 EducationA 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 ProceedsAccording 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.
According the School Law Handbook, which is published by the NYS
School Boards Assoc and the NYS Bar Assoc., a school districts
share of the lottery proceeds is computed according to an equalized
formula based on each school districts taxable property wealth per
pupil to support the general state aids otherwise payable to a
school district School districts receive a portion of their fall
state aid payment in the form of a check directly from the lottery
fund by September1 ( 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 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 $12,171,940.24 Troy $7,324,914.37
Schenectady $16,657,100.67 Shenendehowa $9,977,686.19 Bethlehem
$5,473,766.79 Niskayuna $4,617,544.85
Section 1 (contd)State Constitutions establish independent state
agencies, boards, and commissionsExample: School Boards of
Education
Section 1 (contd)State Constitution is supreme above all other
laws within the state(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(5.) NYS Constitution
was first adopted in 1777NYS has had 4 constitutionsOur present
constitution was adopted in 1938
(6.) NYS legislature has a Senate (62 members) and Assembly (150
members)State Executive Branch(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 statePrior to his election as Governor,
Andrew Cuomo served four years as New Yorks Attorney General.In
1997, Cuomo was appointed by President Clinton to serve as
Secretary of Housing and Urban Development (HUD). In addition,
Cuomo established Housing Enterprise for Less Privileged (HELP) in
1986, which became the nations 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. DuffyBob
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,
2006.Born in Rochesters 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 Masters degree from Syracuse
University. He became Deputy Chief of Police in 1992 and Rochesters
Chief of Police in 1998.
State Executive Branch
Lt. Governor DuffyGovernor CuomoState Executive Branch(8.)
Attorney General Eric T. Schneiderman was elected November 2nd 2010
as New Yorks 65th 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 BranchNYS legislature has a Senate (62
members) and Assembly (150 members)
State Legislative BranchNYS SenateBesides 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.
It also sits at times as a court of impeachment, and can be
convened in extraordinary session to perform either of these latter
functions.
State Legislative BranchNYS SenateThe 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.
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. OMara (R) Senate District 58 ($79,
500 salary)Thomas F. O'Mara was elected to represent New York
States 53rd (now the 58th ) Senate District on November 2, 2010.
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 (contd)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
following9 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, 2012. 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, 2013Our NYS AssemblymanNojay Endorses Unshackle
Upstates Economic Revitalization Agenda To Cut Taxes For New York
FamiliesSeptember 4, 2013
Assemblyman Bill Nojay (R,I) today endorsed Unshackle Upstates
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 Yorks 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.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 2018. 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 theUnified Court Systemis to promotethe rule of
law andto serve the publicby providing just and timelyresolution of
allmatters beforethe courts. State Judicial Branch
NYS Criminal Court SystemSection 3: State Government Policy(11.)
State governments have the power toregulate business, labor and
professions
establish laws dealing with property ownership, contracts,
corporations & tortsTort: any wrongful act that could result in
a lawsuitSection 3 (contd)(11.)State governments have the power to
(contd)C. administer and control natural resources such as land,
water and animal life
D. share power with the federal government over areas like
workers safety, employment policy, and consumer protection.Section
3 (contd)Criminal JusticeState and local governments provide more
than 90% of employees in the criminal justice system
State police forces did not exist until the 20th
centuryPennsylvania was the first in 1905Hawaii does not have a
state police forceSection 3 (contd )States and Health, Education
& WelfareIn general, states spend the majority of their revenue
on these 3 areas.(12.) Education ExpendituresNew York State spends
about $57 billion PK-12Federal 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% approx $19.6 billion
is budgeted in FY 2011-2012Local govt contribution was 48%
(primarily property taxes) approx $ 25 billionSection 4: Financing
State Government(13.) Most states rely on the sales tax as their
major source of revenueNYS FY 2010-2011 estimated a revenue of
$60,870 million (~ $61 billion) in taxesa. General sales tax: cars,
clothingb. Selective sales tax: gas, liquor, cigarettesc. Income
taxd. License tax
