Resolutions 2020 NYSAC Legislative Conference - Hon. Jack F. Marren, President

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2020 NYSAC Legislative Conference
         Resolutions
         Albany County, New York
           January 27- 29, 2020

     Hon. Jack F. Marren, President
    Stephen J. Acquario, Executive Director

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2020 NYSAC Legislative Conference Resolutions
Table of Contents

Standing Committee on Agriculture & Rural Affairs .................................... 4
Resolution to Support Funding for Farmland Preservation and Agriculture Local Assistance Programs .... 5
Calling on the State of New York to Study and Find Solutions to the Growing Invasive Eurasian Boar
Population ............................................................................................................................................................ 7
Standing Committee on Children with Special Needs .................................. 9
Resolution Requesting the State Legislature to Change the Title of Chapter 23 of the Laws of 1989 from
the Preschool Program for Children with Handicapping Conditions to the Preschool Program for Children
with Disabilities ................................................................................................................................................. 10
Resolution Urging the Department of Health and the Division of Budget to Require Providers to Maximize
Reimbursement from All Third-Party Payers ...................................................................................................11
Resolution Urging New York State to Permanently Extend the Medicaid Managed Care Carveout and
Expand the Grant Funding Pool for School-Based Health Centers ................................................................ 13
Resolution Urging the Governor and State Legislature to Adjust the Early Intervention Rate Structure to
Improve Access to these Services for Children Who Live in Poverty and Rural Areas ................................. 15
Resolution Urging the New York State Bureau of Early Intervention to withdraw SPA#18-0017 until a
Task Force of the Early Intervention Coordinating Council is Created ......................................................... 16
Resolution Urging the Governor and State Legislature to Expand the 2019-2020 Five Percent Rate
Increase for Targeted Providers to Ensure Inclusivity of all Early Intervention Service Providers ............. 18
Standing Committee on Economic Development, Environment & Energy . 19
Resolution in Support of S.5655 (Metzger)/A.7561-A (Woerner) to Increase the Rebate for the Purchase of
Electric Vehicles ................................................................................................................................................ 20

Standing Committee on Intergovernmental Affairs ................................... 21
Resolution Urging Governor Andrew M. Cuomo and the State Legislature to Continue the Funding
Commitment for all Costs Associated with Early Voting Reforms Implemented at the County Level ........ 22
Resolution Applauding Efforts to Allocate State Resources and Funding to Counties for Promoting a Full
2020 Census Count ........................................................................................................................................... 23
Urging the Governor and State Legislature to Pass Legislation that Allows School Districts to Permit
Home-schooled Students to Participate in District Interscholastic Sports....................................................24
Resolution Urging the Governor and State Legislature to Make Investments in Veteran Services .............26
Standing Committee on Medicaid and Human Services Resolutions ........ 28
Resolution Calling on the Governor and New York State Legislature to Preserve the Zero Percent Medicaid
Growth Cap for All Counties and New York City .............................................................................................29
Resolution Urging the Governor and Legislature to Make Permanent Housing the Central Focus of Its
Homelessness Prevention Goals ....................................................................................................................... 31
Resolution Calling on the Governor and State Legislature to Not Shift More Costs to Counties and New
York City for State Controlled Non-Health Care Related Social Service Programs ...................................... 33

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Standing Committee on Native American Affairs & Gaming ...................... 35
Resolution Calling on the State to Equitably Distribute Gaming Revenue to all New York Counties.......... 36
Standing Committee on Public Employee Relations .................................. 38
Resolution Calling Upon the Governor and the New York State Legislature to Refrain from Enacting New
Public Employee Benefits Mandates ................................................................................................................ 39

Standing Committee on Public Health & Mental Health ............................ 41
Protecting New York State’s Public Water Supply from Harmful Contaminants by Increasing Funding to
County Drinking Water Enhancement Grants ................................................................................................42
Resolution in Support Increasing Funding Levels for Local Public Health Programs ..................................44
Standing Committee on Public Safety ........................................................ 45
Resolution in Support of State Legislation Addressing the Volunteer Firefighter and EMS Recruitment
and Retention Crisis ..........................................................................................................................................46
Resolution in Support of Funding for Hazardous Dam Remediation ............................................................49
Resolution in Support of Efforts to Improve Probation and Alternatives to Incarceration In New York
State in Order to Protect the Public and Reduce Reliance on Prisons, Jails and Detention ......................... 51

Standing Committee on Taxation & Finance .............................................. 53
Resolution Calling on the Governor and State Legislative Leaders to Provide Counties with Permanent
Local Authority Over Existing Sales Tax Rates ................................................................................................ 54
Resolution in Opposition to State Legislative Proposals that Undermine the Careful Balance that Exists in
State Law Related to the Tax Foreclosure Process in New York State ........................................................... 56
Resolution Urging Governor Andrew M. Cuomo and the State Legislature to Continue to Support the
Repeal or Modification of Federal Cap on the Deductibility of State and Local Taxes and Engage the New
York State Congressional Delegation to Support These Efforts in 2020 .......................................................58
Standing Committee on Transportation & Public Works ........................... 60
Calling on the State to Provide a New, Robust 2-Year Capital Program that Recognizes the State Funding
Needs of Locally Owned Transportation Infrastructure ................................................................................. 61
Urging the Governor and State Legislature to Increase State Operating Assistance and Capital Support for
Transit Systems Owned by Counties, as Well as All Transit Systems in Urban and Rural Areas Throughout
the State.............................................................................................................................................................. 63
Resolution Urging State Action on a Chapter Amendment to Assure Effective Control of Wildlife
Populations at Airports ..................................................................................................................................... 65

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2020 NYSAC Legislative Conference
            Albany County, NY

    Standing Committee on Agriculture & Rural
                    Affairs

     Hon. Douglas Berwanger (Wyoming County) – Chair
      Hon. Terry Wilbur (Oswego County) – Vice Chair
     Hon. Paul Ruszkiewicz (Orange County) – Vice Chair

1

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1   2020 NYSAC Legislative Conference
 2   Standing Committee on Agriculture & Rural Affairs
 3   Resolution #1

 4   Resolution to Support Funding for Farmland Preservation and Agriculture
 5                          Local Assistance Programs

6    WHEREAS, the agriculture industry remains a top contributor to the New York State
7    economy, providing critical jobs, revenues and food for our residents in state and
8    beyond; and

 9   WHEREAS, the enacted 2019/20 budget allocated $20 million to farmland protection
10   and $33,243,000 to agriculture local assistance programs; and

11   WHEREAS, the Governor’s 2020/21 proposed budget, released on January 21,
12   allocated $20 million to farmland preservation and $27,408,000 to agriculture local
13   assistance programs; and

14   WHEREAS, New York’s farmland protection and agriculture assistance programs help
15   sustain this vital industry; and

16   WHEREAS, while funding for farmland protection and agriculture assistance has
17   grown, there is no guarantee that this level of funding will be continued in future years;
18   and

19   WHEREAS, more than 30 percent of the farmers in New York State, who cultivate two
20   million acres of land, are 65 years of age or older; and

21   WHEREAS, research shows that over 90 percent of these senior farmers do not have a
22   young farmer working alongside them to help manage their business; and

23   WHEREAS, farmland in transition is most vulnerable to being sold out of farming; and

24   WHEREAS, access to affordable land suitable to starting a new farm operation is the
25   number one barrier new and beginning farmers face when trying to get started; and

26   WHEREAS, there were 30 percent fewer young farmers in New York in 2012 than in
27   2002; and

28   WHEREAS, farmland protection is an important contributor to successful farmland
29   transition and affordable farmland access.

30   NOW, THEREFORE, BE IT RESOLVED, that the New York State Association of
31   Counties (NYSAC) calls upon Governor Andrew M. Cuomo and New York State
32   Legislature to continue New York’s commitment to local farms and the agricultural

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1   sector by maintaining funding for farmland protection from the State Environmental
2   Protection Fund at $20 million and agriculture local assistance programs at
3   $33,243,000 in the FY 2020/21 budget; and

4   BE IT FURTHER RESOLVED, that copies of this resolution be sent to the counties
5   of New York State encouraging member counties to enact similar resolutions; and

6   BE IT FURTHER RESOLVED, that NYSAC shall forward copies of this resolution to
7   Governor Andrew M. Cuomo, the New York State Legislature, the Commissioner of
8   Agriculture and Markets, and all others deemed necessary and proper.

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1   2020 NYSAC Legislative Conference
 2   Standing Committee on Agriculture & Rural Affairs
 3   Resolution #2

 4   Calling on the State of New York to Study and Find Solutions to the Growing
 5                        Invasive Eurasian Boar Population

6    WHEREAS, Eurasian boar, otherwise known as feral swine/pig or wild boar is an
7    invasive species that causes prolific damage to the agriculture crops, wildlife, local
8    ecosystems, including water supplies; and

 9   WHEREAS, the damage to farming land by the Eurasian boar can be long lasting as
10   they not only consume the crop, but will also unearth and eat the root of the plants; and

11   WHEREAS, the Eurasian boar is considered by experts to be the country’s most
12   destructive invasive species causing an estimated $1.5 billion to $2.5 billion in annual
13   damage in the U.S. alone; and1

14   WHEREAS, while a common misperception is that the Eurasian boar can only
15   proliferate in southern states, they are in fact common in New York, especially in the
16   Southern Tier; and2

17   WHEREAS, the Eurasian boar population appears to be spreading more towards the
18   Northeastern State’s such as New York, and will only add to the need to address this
19   issue; and3

20   WHEREAS, the state has already put in place some laws to slow the Eurasian boar
21   population increase, including making it illegal to import, possess, sell, distribute, trade,
22   breed, or release them within New York State; and

23   WHEREAS, however, even with these State restrictions the population continues to
24   increase, signaling more must be done.

25   NOW, THEREFORE, BE IT RESOLVED, that the New York State Association of
26   Counties (NYSAC) does hereby call on the Governor and State Legislature to provide a
27   directive and funding to the State DEC to further study and provide solutions for the
28   growing Eurasian boar population problem; and

     1 December 16, 2019 New York Times Article- “Feral Pigs Roam the South. Now Even Northern States
     Aren’t Safe” https://www.nytimes.com/2019/12/16/science/feral-pigs-canada-texas.html
     2 Id
     3 Id

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1   BE IT FURTHER RESOLVED, one such solution should be to provide local
2   resources and home rule authority to regions being hardest hit by this invasive species;
3   and

4   BE IT FURTHER RESOLVED, that copies of this resolution be sent to the counties
5   of New York State encouraging member counties to enact similar resolutions; and
6   BE IT FURTHER RESOLVED, the New York State Association of Counties shall
7   forward copies of this resolution to Governor Andrew M. Cuomo, the New York State
8   Legislature and all others deemed necessary.

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2020 NYSAC Legislative Conference
      Albany County, New York

Standing Committee on Children with Special
                 Needs

         Lisa Chester, Niagara County, Chair
         Rita Wood, Ulster County, Vice–Chair
      Elizabeth O’Neil, Albany County, Vice–Chair
    Dr. Wanda McQueen, Orange County, Vice–Chair

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1   2020 NYSAC Legislative Conference
 2   NYSAC Standing Committee on Children with Special Needs
 3   Resolution #1

 4    Resolution Requesting the State Legislature to Change the Title of Chapter
 5      23 of the Laws of 1989 from the Preschool Program for Children with
 6      Handicapping Conditions to the Preschool Program for Children with
 7                                   Disabilities

 8   WHEREAS, Chapter 23 of the Laws of 1989, titled “Preschool Program for Children
 9   with Handicapping Conditions” does not appropriately address this population within
10   New York State; and
11   WHEREAS, a more suitable name for this program should remove the word
12   handicapping and replace it with “disabilities.”
13   NOW, THEREFORE, BE IT RESOLVED, the New York State Association of
14   Counties (NYSAC) calls on the Governor and the State of New York to amend the title of
15   this statute from “the Preschool Program for Children with Handicapping Conditions”
16   to “the Preschool Program for Children with Disabilities;” and
17   BE IT FURTHER RESOLVED, that copies of this resolution be sent to the counties
18   of New York State encouraging member counties to enact similar resolutions; and
19   BE IT FURTHER RESOLVED, the New York State Association of Counties shall
20   forward copies of this resolution to Governor Andrew M. Cuomo, the New York State
21   Legislature and all others deemed necessary.

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1   2020 NYSAC Legislative Conference
 2   NYSAC Standing Committee on Children with Special Needs
 3   Resolution #2

 4    Resolution Urging the Department of Health and the Division of Budget to
 5      Require Providers to Maximize Reimbursement from All Third-Party
 6                                   Payers

7    WHEREAS, prior to 2013, counties funded 100% of the cost of the state’s Early
8    Intervention Program and then sought reimbursement beginning in the following
9    county fiscal year as required under state law; and
10   WHEREAS, the state implemented a State Fiscal Agent administrative model in April
11   2013 that centralized billing and contracting at the state level, rather than at the county
12   level; and
13   WHEREAS, the State Fiscal Agent used their own administrative and reimbursement
14   information technology system to collect funds from counties and make payments to
15   providers due to limitations with the New York State Department of Health’s Early
16   Intervention System (NYEIS); and
17   WHEREAS, recent problems have arisen under the State Fiscal Agent platform related
18   to service providers filing for payment from insurance companies in the first instance as
19   the law requires providers, service coordinators and the state fiscal agent when insurers
20   ask for more information; and
21   WHEREAS, any extensive delay in providing such information to insurance companies
22   can result in a denial by the insurance company due to untimely filing, causing these
23   claims to fall to the state and counties to pay; and
24   WHEREAS, we continue to support proposals from the Governor that prioritize and
25   require providers to enforce current insurance regulations regarding payment of Early
26   Intervention service claims in an attempt to increase commercial insurance collections;
27   and
28   WHEREAS, the State has implemented health insurance benefit changes in its Child
29   Health Plus program that will likely reduce third party billing opportunities, resulting in
30   higher costs for counties in the Early Intervention Program; and
31   WHEREAS, under the statewide fiscal agent model counties remain concerned about
32   program integrity efforts pursued by the fiscal agent and the Department of Health
33   (DOH) through audits, and believe that third party collections are not being maximized
34   based on the increasing drawdown of funds out of the escrow for many counties far in
35   excess of what has been budgeted or caseload changes suggest should be the case; and
36   WHEREAS, while counties have been advised by DOH that they can pursue their own
37   audits and collections to ensure program integrity, counties have no effective
38   mechanism under the law, or leverage with providers or the State Fiscal Agent, to

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1   recoup any audit findings as counties do not hold the provider contracts or have the
 2   ability to withhold payments as a way to recoup funds.
 3   NOW, THEREFORE, BE IT RESOLVED, the New York State Association of
 4   Counties (NYSAC) calls on the Governor and the State Legislature to implement policies
 5   and procedures to ensure that provider claims are filed in a timely manner to
 6   commercial insurance providers and Medicaid; and
 7   BE IT FURTHER RESOLVED, we also ask that as part of these system enhancement
 8   proposals, Medicaid revisit the Retro Re-Billing Process where the State identifies all
 9   claims that the counties and state pay including but not limited to waivered services and
10   resubmit those to Medicaid to identify if a child's coverage changed. We ask that
11   Medicaid instead pay the claims in first instance, so that counties don’t have to pay
12   upfront and then receive these monies many years later; and
13   BE IT FURTHER RESOLVED, the State Fiscal Agent must implement systematic
14   changes to the billing system to track claims and, as outlined in the Governor’s Budget
15   for 2016-17, ensure the state’s fiscal agent help providers exhaust all appeals in a timely
16   manner before moving on to the next payer of record; and
17   BE IT FURTHER RESOLVED, the State should carefully review all benefit changes
18   in state supported public health insurance programs such as Medicaid and Child Health
19   Plus to ensure new costs are not shifted to county public health programs when current
20   benefits are eliminated or modified; and
21   BE IT FURTHER RESOLVED, that copies of this resolution be sent to the counties
22   of New York State encouraging member counties to enact similar resolutions; and
23   BE IT FURTHER RESOLVED, the New York State Association of Counties shall
24   forward copies of this resolution to Governor Andrew M. Cuomo, the New York State
25   Legislature and all others deemed necessary.

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1   2020 NYSAC Legislative Conference
 2   NYSAC Standing Committee on Children with Special Needs
 3   Resolution #3

 4     Resolution Urging New York State to Permanently Extend the Medicaid
 5     Managed Care Carveout and Expand the Grant Funding Pool for School-
 6                            Based Health Centers

7    WHEREAS, 20 Counties and New York City operate 255 school-based health centers
8    across the state, serving over 200,000 students; and
 9   WHEREAS, school-based health centers provide cost-effective comprehensive primary
10   medical care, dental, vision and mental health services at no out-of-pocket cost to all
11   students, regardless of insurance status; and
12   WHEREAS, school-based health centers increase access to health care, prevent
13   unnecessary hospitalizations, and reduce emergency room visits; and
14   WHEREAS, school-based health centers are a vehicle for eliminating racial, ethnic,
15   and economic health disparities in the communities that they serve and foster health
16   equity in low-income communities and communities of color; and
17   WHEREAS, the carveout for all school-based health centers from a move to
18   mandatory Medicaid Managed Care health care delivery model expires in January 2021;
19   and
20   WHEREAS, the state fiscal year 18 budget reduced State grant funding to school-based
21   health centers by 20 percent statewide, and over 60 percent for individual school-based
22   health center sponsors; and
23   WHEREAS, the state fiscal year 2020 budget restored nearly all of these cuts, but
24   previous funding cuts and grant pool consolidations have left school-based health
25   centers operating with less funds than in prior years; and
26   WHEREAS, some school-based health centers have been forced to close due to
27   financial constraints; and
28   WHEREAS, without a permanent carveout from Medicaid managed care, inadequate
29   managed care capitation rates will result in funding shortfalls and leave many school-
30   based health centers’ costs uncovered; and
31   WHEREAS, it is estimated that the transition to Medicaid Managed Care will result in
32   a loss of over $16 million in funds to these centers, which could force a reduction in
33   essential services, and the closure of these vital service locations in the neighborhoods
34   that need them the most; and
35   WHEREAS, in the event of closure of school-based health centers, in order to ensure
36   continued provision of health services mandated by law, counties and New York City

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1    would be required, at a substantial cost, to provide nurses and equivalent staff at every
2    school.
3    NOW, THEREFORE, BE IT RESOLVED, that the New York State Association of
4    Counties (NYSAC) calls on the State to maintain their commitment to school-based
5    health centers, permanently extend their carveout from Medicaid Managed Care, and
6    maintain funding levels in the grant pool at fiscal year 2020 levels; and
7    BE IT FURTHER RESOLVED, that copies of this resolution be sent to the counties
8    of New York State encouraging member counties to enact similar resolutions; and
 9   BE IT FURTHER RESOLVED, the New York State Association of Counties shall
10   forward copies of this resolution to Governor Andrew M. Cuomo, the New York State
11   Legislature and all others deemed necessary.

                                                                                                 14
1   2020 NYSAC Legislative Conference
 2   Standing Committee on Children with Special Health Care Needs
 3   Resolution # 4

 4    Resolution Urging the Governor and State Legislature to Adjust the Early
 5      Intervention Rate Structure to Improve Access to these Services for
 6                Children Who Live in Poverty and Rural Areas

7    WHEREAS, the structure of the Early Intervention rate methodology promotes
8    inequitable availability of Early Intervention services across the state; and
 9   WHEREAS, because Early Intervention rates are set for entire counties, and there are
10   no requirements in the New York State Early Intervention Provider Agreement for
11   providers to serve the entire county that they have identified in their catchment area,
12   providers are free to choose which neighborhoods to provide Early Intervention services
13   in; and
14   WHEREAS, since the rates are flat across each county, there is no incentive for
15   providers to serve children in poverty, children who live in rural areas, or communities
16   of color.
17   NOW, THEREFORE, BE IT RESOLVED, that the New York State Association of
18   Counties calls on the Governor and State Legislature to allocate State funding for a 10%
19   rate increase for services provided to children in zip codes where the percentage of the
20   population below poverty is 15% or higher; and in rural areas; and
21   BE IT FURTHER RESOLVED, that any provider rate increase will be administered
22   using State funding to ensure localities are not subject to additional EI program
23   expenses; and
24   BE IT FURTHER RESOLVED, that copies of this resolution be sent to the counties
25   of New York State encouraging member counties to enact similar resolutions; and
26   BE IT FURTHER RESOLVED, the New York State Association of Counties shall
27   forward copies of this resolution to Governor Andrew M. Cuomo, the New York State
28   Legislature and all others deemed necessary.

                                                                                                15
1   NYSAC 2020 Legislative Conference
 2   Standing Committee on Children with Special Needs
 3   Resolution #5

 4      Resolution Urging the New York State Bureau of Early Intervention to
 5       withdraw SPA#18-0017 until a Task Force of the Early Intervention
 6                        Coordinating Council is Created

7    WHEREAS, the Early Intervention Program in New York State serves infants and
8    toddlers having or suspected of having a developmental or a diagnosed physical or
9    mental condition that has a high probability of resulting in a development delay; and

10   WHEREAS, the infant or toddler is referred to the local Early Intervention Program as
11   defined in Public Health Law Title II-A of Article 25 and set forth in 10 NYCRR section
12   69.3; and

13   WHEREAS, the county requires the Early Intervention official to promptly assign an
14   Initial Service Coordinator; and

15   WHEREAS, the Initial Service Coordinator then performs all billable and non-billable
16   activities relative to regulatory requirements; and

17   WHEREAS, the family selects an Ongoing Service Coordinator from a list provided
18   them by the Early Intervention Office at the time of the Individualized Family Service
19   Plan meeting; and

20   WHEREAS, the Ongoing Service Coordinator performs all billable and non-billable
21   activities relative to the regulatory requirements of that title; and

22   WHEREAS, the State Plan Amendment #18-0017 changed the payment methodology
23   for service coordination services from an hourly rate billed in 15-minute increments to
24   two separate fixed rates for Initial Service Coordination and a monthly fixed rate for
25   Ongoing Service Coordination; and

26   WHEREAS, payment will be made based on meeting minimum time requirements;
27   and

28   WHEREAS, no payment will be made if minimum requirements are not met; and

29   WHEREAS, counties were not involved in the decision to move service coordination
30   functions to fixed rates; and

31   WHEREAS, initial review of both Initial Service Coordination and Ongoing Service
32   Coordination time spent on billable services indicate that it will be difficult to meet the
33   minimum time requirements.

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1    NOW, THEREFORE, BE IT RESOLVED, the New York State Bureau of Early
2    Intervention (BEI) withdraw SPA#18-0017 until a Task Force of the Early Intervention
3    Coordinating Council is created; and

4    BE IT FURTHER RESOLVED, that Task Force will be comprised of all stakeholders
5    to include parents, providers, municipality and BEI staff; and

6    BE IT FURTHER RESOLVED, that the Task Force review current data in NYEIS and
7    early intervention billing relative to initial and ongoing service coordination to
8    determine an average of minimum time spent providing these billable services; and

 9   BE IT FURTHER RESOLVED, that the Task Force make recommendations to BEI
10   on realistic minimum time requirements for these billable coordination services; and
11   BE IT FURTHER RESOLVED, that copies of this resolution be sent to the counties
12   of New York State encouraging member counties to enact similar resolutions; and
13   BE IT FURTHER RESOLVED, the New York State Association of Counties shall
14   forward copies of this resolution to Governor Andrew M. Cuomo, the New York State
15   Legislature and all others deemed necessary.

                                                                                            17
1   2020 NYSAC Legislative Conference
 2   Standing Committee on Children with Special Health Care Needs
 3   Resolution # 6

 4    Resolution Urging the Governor and State Legislature to Expand the 2019-
 5       2020 Five Percent Rate Increase for Targeted Providers to Ensure
 6              Inclusivity of all Early Intervention Service Providers
7    WHEREAS, Early Intervention (EI) therapists, service coordinators, teachers
8    and evaluators provide crucial services to children with disabilities and developmental
9    delays; and
10   WHEREAS, many areas of the State are facing EI provider shortages and the existing
11   number of providers is inadequate to meet the needs of the currently enrolled EI
12   program children and their families; and
13   WHEREAS, EI providers have not received a rate increase in 13 years and EI rates
14   were cut twice since 2010; and
15   WHEREAS, counties providing EI services are facing detrimental fiscal impacts
16   related to costs associated with the program; and
17   WHEREAS, in 2013, EI providers took on the responsibility of commercial insurance
18   billing with no rate increase to cover their administrative costs; and
19   WHEREAS, the New York State Department of Health 2019 measure to increase rates
20   for Occupational Therapy (OT), Physical Therapy (PT) and Speech Language Pathology
21   (SLP) did not fully address the problem that Early Intervention rates had not been
22   increased in over a decade; and
23   WHEREAS, providers, particularly those outside of the OT, PT, SLP professions are
24   leaving the EI program due to perceived lack of recognition received from being
25   excluded from the five percent rate increase during the 2019-2020 SFY budget.
26   NOW, THEREFORE, BE IT RESOLVED, that the New York State Association of
27   Counties calls on the Governor and State Legislature to expand the five percent provider
28   rate increase to include all Early Intervention service provider types using State invested
29   dollars, while ensuring counties are held free from fiscal impact caused by such a rate
30   increase; and
31   BE IT FURTHER RESOLVED, that any provider rate increase will be administered
32   using State funding to ensure localities are not subject to additional EI program
33   expenses; and
34   BE IT FURTHER RESOLVED, that copies of this resolution be sent to the counties
35   of New York encouraging member counties to enact similar resolutions; and
36   BE IT FURTHER RESOLVED, that New York State Association of Counties shall
37   forward copies of this resolution to Governor Andrew M. Cuomo, the New York State
38   Legislature and all others deemed necessary and proper.
                                                                                              18
2020 NYSAC Legislative Conference
              Albany County, NY

    Standing Committee on Economic Development,
               Environment & Energy

        Hon. William Farber (Hamilton County) – Chair
       Hon. Rebecca Ryan (Wyoming County) – Vice Chair
          William Rabia (Oneida County) – Vice Chair

1

                                                         19
1   2020 NYSAC Legislative Conference
 2   Standing Committee on Economic Development, Environment & Energy
 3   Resolution #1

 4   Resolution in Support of S.5655 (Metzger)/A.7561-A (Woerner) to Increase
 5                 the Rebate for the Purchase of Electric Vehicles

6    WHEREAS, the NYS Department of Environmental Conservation (NYSDEC)’s Zero
7    Emission Vehicle (ZEV) rebate program is designed to assist and incentivize
8    municipalities with the purchase of electric vehicles or hybrid vehicles; and
 9   WHEREAS, many counties are interested in purchasing ZEVs to save taxpayers
10   money, reduce their carbon footprint, and cut down on greenhouse gas emissions; and
11   WHEREAS, the current rebate structure does not allow enough flexibility and financial
12   incentive to encourage counties to switch their fleets from gas-powered vehicles to
13   eligible vehicles; and
14   WHEREAS, municipalities are currently ineligible for federal tax incentives for the
15   purchase of zero-emission or hybrid vehicles; and
16   WHEREAS, Senate Bill 5655/Assembly Bill 7561A, introduced by Senator Jen Metzger
17   and Assemblymember Carrie Woerner, would increase the municipal rebate for zero-
18   emission vehicles from a minimum of $750 to $1,500 and a maximum rebate from
19   $5,000 to $7,500; and
20   WHEREAS, the rebate program is already funded as part of the Environmental
21   Protection Fund (EPF) and this legislation will help to make ZEVs more affordable
22   for counties and municipalities without changing the current allocation; and
23   WHEREAS, converting fleets to electric vehicles supports New York State’s
24   greenhouse gas emission (GHG) reduction goals under the Climate Leadership and
25   Community Protection Act (CLCPA); and
26   WHEREAS, increasing the rebate will also help counties to achieve Climate Smart
27   Community designation through the NYSDEC and Clean Energy Community status
28   through the NYS Energy, Research, and Development Authority (NYSERDA).
29   NOW, THEREFORE, BE IT RESOLVED, that the New York State Association of
30   Counties calls on the Legislature to pass and the Governor to sign S.5655
31   (Metzger)/A.7561-A (Woerner) to increase the rebate for the purchase of electric
32   vehicles; and
33   BE IT FURTHER RESOLVED, that copies of this resolution shall be sent to member
34   counties for their consideration; and
35   BE IT FURTHER RESOLVED, that the New York State Association of Counties shall
36   forward copies of this resolution to Governor Andrew M. Cuomo, the New York State
37   Legislature, and all others deemed necessary and proper.

                                                                                           20
2020 NYSAC Legislative Conference
               Albany County, NY

    Standing Committee on Intergovernmental Affairs

         Robert Hagemann, III (Jefferson County) – Chair
           Jack Wheeler (Steuben County) – Vice Chair
         Cheryl Ketchum (Wyoming County) – Vice Chair

1

                                                           21
1   NYSAC Standing Committee on Intergovernmental Affairs
 2   2020 Legislative Conference
 3   Resolution #1

 4   Resolution Urging Governor Andrew M. Cuomo and the State Legislature to
 5     Continue the Funding Commitment for all Costs Associated with Early
 6               Voting Reforms Implemented at the County Level

7    WHEREAS, counties through local Boards of Elections are responsible for managing
8    election operations, and paying for all or most of the costs associated with these
9    operations; and
10   WHEREAS, the 2019 State Legislative Session included many election reforms,
11   including the authorization of electronic poll books and provisions for early voting; and
12   WHEREAS, the State’s new early voting law required counties to open polling sites for
13   early voting for 10 days prior to the 2019 general election; and
14   WHEREAS, there are three elections in 2020 that will require counties to provide
15   opportunities for early voting: the presidential primary, the June primary, and the
16   general election in November, and
17   WHEREAS, the enacted SFY 2020 State Budget included $14.7 million in capital
18   equipment aid and $10 million in operational aid support to assist counties with
19   implementing these election law reforms; and
20   WHEREAS, the Executive SFY 2021 State Budget proposal includes no funding for
21   early voting; and
22   WHEREAS, counties are grateful for the state assistance in 2020, but without
23   continued state financial assistance, these costs will be borne by county property
24   taxpayers.
25   NOW, THERFORE, BE IT RESOLVED, the New York State Association of Counties
26   urges the Governor and State Legislature to continue to fund election law reforms at
27   SFY 2020 levels; and
28   BE IT FURTHER RESOLVED, that copies of this resolution be sent to the counties
29   of New York State encouraging member counties to enact similar resolutions; and
30   BE IT FURTHER RESOLVED, the New York State Association of Counties shall
31   forward copies of this resolution to Governor Andrew M. Cuomo, the New York State
32   Legislature, the Board of Elections, and all others deemed necessary.

                                                                                             22
1   2020 NYSAC Legislative Conference
 2   Standing Committee on Intergovernmental Affairs
 3   Resolution #2
 4
 5    Resolution Applauding Efforts to Allocate State Resources and Funding to
 6               Counties for Promoting a Full 2020 Census Count

 7   WHEREAS, the U.S. Census Bureau is preparing for the 2020 decennial census; and

8    WHEREAS, decennial census counts help the federal government distribute more than
9    $400 billion in funds annually for infrastructure, programs and services; and

10   WHEREAS, the decennial census helps communities plan for future needs and deal
11   with population-based programs; and

12   WHEREAS, decennial population counts also affect state and federal congressional
13   representation and redistricting; and

14   WHEREAS, New York State and county governments are committed to ensuring that
15   every resident in the state is counted in the 2020 Census; and

16   WHEREAS, in December 2019, New York State announced that it will distribute up to
17   $15 million of the $20 million census count allocation from last year’s budget to
18   counties and the four largest cities; and

19   WHEREAS, the funding formula was based on several factors, including population,
20   broadband access, proximity to a public library, as well as others; and

21   WHEREAS, this was a voluntary program and counties that wish to participate need to
22   submit a full proposed plan of action including community agency partners.

23   NOW, THEREFORE, BE IT RESOLVED, the New York State Association of
24   Counties (NYSAC) commends the Governor for providing counties with a fiscal
25   incentive to promote a complete 2020 census count in New York State; and

26   BE IT FURTHER RESOLVED, that NYSAC urges the Division of Budget to allocate
27   these funds as soon as possible so counties can successfully implement their census
28   count plans; and

29   BE IT FURTHER RESOLVED, that copies of this resolution be sent to the counties
30   of New York State encouraging member counties to enact similar resolutions; and
31   BE IT FURTHER RESOLVED, the New York State Association of Counties shall
32   forward copies of this resolution to Governor Andrew M. Cuomo, the New York State
33   Legislature and all others deemed necessary.

                                                                                           23
1   NYSAC Standing Committee on Intergovernmental Affairs
 2   2020 Legislative Conference
 3   Resolution #3

 4    Urging the Governor and State Legislature to Pass Legislation that Allows
 5      School Districts to Permit Home-schooled Students to Participate in
 6                          District Interscholastic Sports

7    WHEREAS, participation in athletics has the intrinsic value of increased physical and
8    mental health; and

 9   WHEREAS, participation in athletics is one of the most effective ways for students in
10   the United States to develop leadership skills, self-discipline, initiative, and dedication;
11   and

12   WHEREAS, the communication and cooperation skills learned through athletic
13   experience play a key role in the contributions of athletes to the home, school, and
14   community; and

15   WHEREAS, the additional benefits of athletics participation, including social
16   interaction and teamwork, could be considered more vital for home-schooled students,
17   who often lack the opportunity to otherwise enjoy those benefits due to the nature of
18   their educational environment; and

19   WHEREAS, the current regulations of the New York State Public High School Athletics
20   Association (NYSPHSAA) prohibit participation in high school athletics by home-school
21   students; and

22   WHEREAS, those regulations run counter to the NYSPHSAA's stated objective to
23   encourage as many students as possible to participate in athletic games; and

24   WHEREAS, public schools in New York enjoy the benefits of funding through taxation,
25   which enables them to provide expensive athletic programming that home schooled
26   students are unable to fund independently; and

27   WHEREAS, the families of home-schooled children contribute to the funding of
28   public-school athletics programs at the same rate as other taxpayers.

29   NOW, THEREFORE, BE IT RESOLEVED, that the New York State Association of
30   Counties (NYSAC) urges the Governor and Legislature to pass legislation that would
31   allow school districts to permit home-schooled students to participate in district
32   interscholastic sports; and
33   BE IT FURTHER RESOLVED, any district opting to permit these student athletes to
34   participate must require them to be vaccinated as required by the State of New York;
35   and

                                                                                                24
1   BE IT FURTHER RESOLVED, that copies of this resolution be sent to the counties of
2   New York State encouraging member counties to enact similar resolutions; and,
3   BE IT FURTHER RESOLVED that NYSAC shall forward copies of this resolution to
4   Governor Andrew M. Cuomo, the New York State Legislature, the New York State Public
5   High School Athletic Association, the New York State School Boards Association, and all
6   others deemed necessary and proper.

                                                                                         25
1   2020 NYSAC Legislative Conference
 2   Standing Committee on Intergovernmental Affairs
 3   Resolution # 4

 4   Resolution Urging the Governor and State Legislature to Make Investments
 5                             in Veteran Services

 6   WHEREAS, counties provide important services for the 900,000 veterans living in our
 7   State; and

8    WHEREAS, counties take pride in this service and believe we have a duty to provide
9    support to those who sacrificed so much for our State and country; and

10   WHEREAS, the New York State Division of Veterans’ Affairs and County Veteran
11   Service Agencies have been working in conjunction with counties for decades to support
12   and provide needed services to our veterans; and

13   WHEREAS, citing state budget concerns, the New York State Division of Veteran
14   Affairs has historically underfunded some of its local government support; and

15   WHEREAS, counties are interested in developing unique incentives to continue to
16   recruit and retain our state’s veteran population.

17   NOW, THEREFORE BE IT RESOLVED, the New York State Association of
18   Counties calls upon the Governor and the New York State Legislature to increase
19   funding to support local veteran service; and

20   BE IT FURTHER RESOLVED, the New York State Association of Counties calls
21   upon the Governor and the New York State Legislature to take the following actions to
22   make investments in veteran services:

23      •   Include additional funding for veterans’ affairs so that counties can provide
24          additional resources and services to our veterans; and
25      •   Require the NYS Division of Veteran Affairs to share the DD-214 form with
26          county veteran service agencies; and
27      •   Expand the definition of “veteran” to recognize the service of reserve or national
28          guard service members who have completed 20 years of service; and
29      •   Authorize local governments to allow veterans to receive exemptions from paying
30          hotel/motel occupancy taxes; and
31      •   Expand the NYS Department of Environmental Conservation veterans’ discounts
32          on hunting and fishing licenses; and
33      •   Expand the discount on state park entrance fees; and
34      •   Create a veteran green energy jobs program to train and link veterans with
35          sustainable, environmentally friendly jobs to meet the goals set forth in the
36          Climate Leadership and Community Protection Act; and

                                                                                             26
1      •   Mandate all public institutions of higher education to participate in the American
 2          Council on Education (ACE) so our veterans can gain college credit for military
 3          experience; and
 4      •   Expand veteran court availability throughout New York State; and
 5      •   Provide counties with the flexibility to enact at local option, a local sales tax
 6          exemption on vehicles for veterans who are partially disabled; and
 7      •   Provide local sales tax exemptions for vehicle purchases and adaptations and
 8          allow counties to enact similar local laws to provide this benefit as well; and
 9      •   Provide counties who create veteran trust funds at local option a one-time seed
10          fund equal to $1/ per veteran as of the last U.S. Census. This targeted investment
11          will help aid the continued operational success of the Trust Fund.

12   BE IT FURTHER RESOLVED, that copies of this resolution be sent to the counties
13   of New York encouraging member counties to enact similar resolutions; and

14   BE IT FURTHER RESOLVED, that New York State Association of Counties shall
15   forward copies of this resolution to Governor Andrew M. Cuomo, the New York State
16   Legislature and all others deemed necessary and proper.

                                                                                            27
2020 NYSAC Legislative Conference
             Albany County, NY

Standing Committee on Medicaid and Human
           Services Resolutions

        Kira Pospesel (Greene County) - Chair
    Mike Fitzgerald (Madison County) - Vice Chair

                                                    28
1   NYSAC 2020 Legislative Conference
 2   Standing Committee on Medicaid and Human Services
 3   Resolution #1

 4     Resolution Calling on the Governor and New York State Legislature to
 5    Preserve the Zero Percent Medicaid Growth Cap for All Counties and New
 6                                   York City

7    WHEREAS, spending in New York state for Medicaid is the single largest expense in
8    the State budget; and

 9   WHEREAS, the funding to support the Medicaid program is provided by a
10   combination of federal, state and local resources; and

11   WHEREAS, the required county and New York City contribution is $7.6 billion
12   annually; and

13   WHEREAS, the local share of Medicaid funding paid in New York is the highest of any
14   state in the country and is more than what 43 individual states pay in state share for
15   their Medicaid programs; and

16   WHEREAS, this large local funding share for Medicaid and other state programs is a
17   major contributor to New York’s high local tax burden compared to other states; and

18   WHEREAS, the Governor and legislative leaders recognize the fiscal burden the
19   financing of Medicaid is for local taxpayers and initiated steps to relieve part of that
20   burden by capping the growth in local costs in this program; and

21   WHEREAS, one of the most prominent property tax reduction and mandate relief
22   initiatives in state history was Governor Cuomo’s establishment of the zero percent
23   Medicaid growth cap; and

24   WHEREAS, this zero percent growth cap enables counties to keep funding for the
25   growing cost of many vital state programs and services, while continuing local quality of
26   life services demanded by taxpayers; and

27   WHEREAS, the Medicaid budget is facing billions of dollars in annual deficits over the
28   next several years; and

29   WHEREAS, these Medicaid deficits are contributing to the largest budget deficit the
30   state has faced since the Great Recession; and

31   WHEREAS, the Governor’s Executive Budget Recommendation is proposing a variety
32   of ways to address these combined fiscal shortfalls; and

33   WHEREAS, budget proposals advanced by the Governor rely on $150 million in
34   Medicaid program costs assumed by local taxpayers; and include:

                                                                                                29
1      •   Using county government federal enhanced medicaid match savings;
 2      •   Losing state Medicaid growth cap if counties breach the state property tax cap;
 3      •   Shifting the local share of Medicaid growth above 3% to counties, if counties
 4          cannot contain costs under 3%; and

 5   WHEREAS, counties do not have tools to control the Medicaid program growth; some
 6   of these limitations include:
 7       • The ability to audit the Medicaid program;
 8       • The ability to control the cost of perscription drugs;
 9       • The ability to set provider reimbursement rates;
10       • The ability to modify eligiblity and benefit levels for Medicaid recipients;
11       • The ability to control changing demographics across the state;
12       • The ability to control provider contracts; and

13   WHEREAS, if state experts in the Medicaid program are unable to develop solutions to
14   control growth in the Medicaid program, it will be difficult for counties to do so, since
15   they do not have this authority to control costs.

16   NOW, THEREFORE, BE IT RESOLVED, that the New York State Association of
17   Counties (NYSAC) urges the Governor and legislative leaders to maintain the zero
18   percent Medicaid growth cap for counties and New York City as they address state
19   budget shortfalls in order to keep downward pressure on the local tax burden; and

20   BE IT FURTHER RESOLVED that NYSAC shall forward copies of this resolution to
21   Governor Andrew M. Cuomo, the New York State Legislature, and all others deemed
22   necessary and proper.

                                                                                              30
1   NYSAC 2020 Legislative Conference
 2   Standing Committee on Medicaid and Human Services
 3   Resolution #2

 4       Resolution Urging the Governor and Legislature to Make Permanent
 5        Housing the Central Focus of Its Homelessness Prevention Goals

 6   WHEREAS, homelessness continues to be a major concern across the state; and

7    WHEREAS, the Governor and Legislature continue to prioritize finding solutions to
8    the affordable housing crisis; and

 9   WHEREAS, the level of homelessness is occurring in an environment where the New
10   York economy is strong, the number of private sector jobs is the highest in state history,
11   the state is experiencing near record lows in unemployment, and wage growth is the
12   strongest it has been in over a decade; and

13   WHEREAS, the entrenched nature of homelessness in New York in this environment
14   highlights that overall housing affordability remains a key problem that still must be
15   addressed more ardently; and the amount and type of state, federal and local resources
16   and services need to be realigned to better serve the homeless and to prevent
17   homelessness in the first instance; and

18   WHEREAS, regardless of family size and demographics, many of those facing
19   homelessness or seeking emergency shelter can have challenging medical needs, mental
20   health and substance abuse issues, or are former foster children, veterans, registered sex
21   offenders, state prison parolees, or on probation, with many facing several of these
22   challenges at the same time; for many others it is simply an economic issue of not being
23   able to find safe housing they can afford; and

24   WHEREAS, local social service districts focus scarce resources on achieving
25   permanent housing, preventing homelessness, and providing temporary placement; and
26   WHEREAS, local resources are stretched thin due to revenue limitations placed on
27   counties by the State and the requirement to fund a wide variety of other state
28   programs; and
29   WHEREAS, insufficient state shelter reimbursements are compounded by no increase
30   in a decade, even as housing costs have soared; and

31   WHEREAS, counties have also experienced significant state funding cuts in a wide
32   array of social services programs over the last decade that have restricted counties’
33   ability to pursue more aggressive assistance efforts that can prevent homelessness in the
34   first instance.

                                                                                              31
1   NOW, THEREFORE, BE IT RESOLVED, the New York State Association of
 2   Counties (NYSAC) calls on the Governor and Legislature to make permanent and stable
 3   housing the central focus of homelessness policy in New York State; and

 4   BE IT FURTHER RESOLVED, State leaders should target supportive housing
 5   overseen by OMH, OASAS, DOH and OPWDD to efforts that prevent homelessness and
 6   quickly re-house people that become homeless; and

 7   BE IT FURTHER RESOLVED, OMH, OASAS, DOH, OPWDD and DOCCS should
 8   focus efforts on services to prevent people from becoming homeless and for rapid re-
 9   housing by providing necessary clinical services, supports and after-care during the
10   transition period to permanent housing; and

11   BE IT FURTHER RESOLVED, the State should utilize mobile mental health and
12   alcohol treatment services that will take people from shelters and motels to their
13   appointments or bring services directly to them; and

14   BE IT FURTHER RESOLVED, the State should ensure that existing funds for
15   improving housing stock target low income housing in communities across the state
16   (urban, rural and suburban) and is linked to a larger effort to prevent homelessness; and
17   BE IT FURTHER RESOLVED, State funding should target rental assistance to
18   prevent evictions and to provide transition funding for people moving out of shelters
19   and motels to more permanent housing in order to achieve stable housing; and
20   BE IT FURTHER RESOLVED, the State should expand existing shelter supplement
21   plans and approve plans that require more state money, instead of insisting on savings
22   or cost neutrality criteria, which limits the ability to reduce homelessness; and
23   BE IT FURTHER RESOLVED, the State should support efforts to use safety net
24   assistance funding for stable housing so counties can be less reliant on shelters and
25   motels; and

26   BE IT FURTHER RESOLVED, the state should encourage innovation and approve
27   local waivers that propose new approaches; and

28   BE IT FURTHER RESOLVED, the state should develop a public relations campaign
29   to convey how everyone in the community benefits when we achieve stable housing for
30   those most in need; and

31   BE IT FURTHER RESOLVED, that copies of this resolution be sent to the counties
32   of New York State encouraging member counties to enact similar resolutions; and

33   BE IT FURTHER RESOLVED, that NYSAC shall forward copies of this resolution to
34   Governor Andrew M. Cuomo, the New York State Legislature and all others deemed
35   necessary and proper.

                                                                                             32
1   NYSAC 2020 Legislative Conference
 2   Standing Committee on Medicaid and Human Services
 3   Resolution #3

 4   Resolution Calling on the Governor and State Legislature to Not Shift More
 5   Costs to Counties and New York City for State Controlled Non-Health Care
 6                        Related Social Service Programs

7    WHEREAS, the State has indicated it is facing a $6 billion budget deficit in 2021,
8    which will grow to $8.5 billion by 2023 if no actions are taken; and

 9   WHEREAS, over the last decade the state has devolved away from their historic and
10   constitutional responsibilities of providing social services and support for low income
11   families and individuals, as demonstrated through significant reductions in state
12   financial support for these programs, thereby shifting these costs to counties and New
13   York City; and

14   WHEREAS, these state funding shifts have increased county and New York City social
15   services costs by hundreds of millions of dollars annually because the state requires that
16   all services still be provided, but with less state resources; and

17   WHEREAS, New York City has been targeted with additional social services and public
18   health cost shifts by the state that have increased the City’s costs by hundreds of
19   millions of dollars more each year, on top of the other cuts mentioned; and

20   WHEREAS, the steady pullback in State funding support has been expansive and
21   includes cuts to child welfare, adoption subsidies, food stamp administration, Family
22   Assistance, Safety Net, youth detention and treatment, and foster care; and

23   WHEREAS, the state has also increased regulatory burdens for local social service
24   districts during the last decade, that include new administrative responsibilities and
25   often duplicative and needless reporting requirements which divert scarce resources
26   from critically needed services; and

27   WHEREAS, the net effect of these practices is that it forces local property taxes to be
28   higher than they should because of the additional costs borne by counties and New York
29   City; and

30   WHEREAS, most other states do not require counties to fund such a large share of
31   public assistance costs; and

32   WHEREAS, the current strong economy and low unemployment provide significant
33   opportunities for recipients to connect with employment and gain valuable work skills
34   that can lead to self-sufficiency and family independence; and
                                                                                               33
1   WHEREAS, local Departments of Social Services have demonstrated significant
 2   success in achieving self-sufficiency when program resources are dedicated to
 3   employment and supporting the needs of individuals and families as they return, or
 4   connect, to the workforce.

5    NOW, THEREFORE, BE IT RESOLVED, the New York State Association of
6    Counties (NYSAC) calls on the Governor and State Legislature to not impose new costs
7    shifts on counties and develop a multi-year plan to reverse the numerous state funding
8    cuts that have occurred in public assistance programs and administration; and

 9   BE IT FURTHER RESOLVED, the state should focus on reforming state social
10   service programs by prioritizing employment as a key to achieving self-sufficiency and
11   long-term independence for residents receiving Family Assistance, Safety Net Assistance
12   and other programs; and

13   BE IT FURTHER RESOLVED, the counties of New York are calling on the Governor
14   and State Legislature to recognize that effective public assistance policies are grounded
15   in accountability, integrity and supporting the needs of recipients in entering the
16   workforce; and

17   BE IT FURTHER RESOLVED, the counties of New York are calling on the Governor
18   and State Legislature to limit new legislation and regulations that reduce accountability
19   for recipients in gaining employment, self-sufficiency and long-term independence from
20   public assistance as we believe this can ultimately hinder the success of these recipients
21   in achieving self-sufficiency; and

22   BE IT FURTHER RESOLVED, that copies of this resolution be sent to the counties
23   of New York State encouraging member counties to enact similar resolutions; and

24   BE IT FURTHER RESOLVED, that NYSAC shall forward copies of this resolution to
25   Governor Andrew M. Cuomo, the New York State Legislature and all others deemed
26   necessary and proper.

                                                                                             34
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