Mental Health Association in New York State, Inc.
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Friday Fax from Albany

A Fishy Veto: Late Friday evening, the week before the Christmas holiday, Governor George Pataki vetoed the Community Mental Health Support and Workforce Reinvestment Bill. (S.7560[Sen. Libous]/A.11604-A[Assm. Luster]). According to the “Veto message”, the governor’s explanation why he killed the bill, he argues that language in the bill violated his powers under the state constitution.

The line the governor purportedly based his veto on states that the funding for the Reinvestment program “shall be reflected in executive budget submissions for state fiscal years 2003-04 and thereafter”. Yet, in 2001-02 the Governor’s budget proposed his own “Workforce Reinvestment” bill. It is similar to the one he vetoed, except for hospital closures and co-locations. In his bill two years ago was the following language, “The amount of community mental health support and workforce reinvestment funds for the office of mental health shall be determined annually in the executive budget…”

So, let’s get this straight. The vetoed bill was unconstitutional because it says, “shall be reflected in executive budget submissions…” But, “shall be determined annually in the executive budget…” isn’t unconstitutional.

Even though the Hudson River is beginning to freeze over here in Albany, something still smells fishy.

Where’s the Outrage: The Rev. Dr. Martin Luther King Jr. once wrote, “Riots occur not at the point of greatest despair, but at the point of greatest hope.” Earlier this week, Governor Pataki killed the only true commitment made by the state of New York to people living with mental illnesses in more than a generation. Yet, from the vast majority of the community mental health advocates, the silence has been deafening. Certainly the timing of the veto was intended to reduce public attention, awareness and response about that painful pen stroke. However, the news is now known statewide.

Have our colleagues reached such a level of despair that they have no fight left? The 1993 adoption of Reinvestment was the high point of mental health advocacy in current memory. We have had few victories since, and all of us were certainly deflated when Reinvestment was allowed to expire on September 30, 2001.

Imagine, if you will, that the Governor vetoed the Sexual Orientation Non-Discrimination Act (SONDA) after it was passed last week. Imagine if the Governor had vetoed the women’s health bill that was pushed through at the end of last session. Would there be silence among those advocates?

Don’t Forget!!!!

Lawmakers Who Cook, Monday, January 27th from 6 to 8 pm in the Governor's Reception Hall, Executive Chamber, NYS Capitol. To purchase tickets for "A delectable evening you'll never forget for a very worthy cause" please call 434-0439 extension 31.

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In the News: Attached is an article from the Associated Press, discussing the governor’s veto of Reinvestment.

By MICHAEL GORMLEY
Associated Press Writer

ALBANY, N.Y. -- Gov. George Pataki has signed into law safeguards for New Yorkers contracting with lower-priced energy companies while vetoing another bill that would help fund some mental health services, a spokesman said Monday.

The Home Energy Fair Practices Act was signed Friday and announced Monday with several other bills on which the governor recently acted. Among them was Pataki's veto of a bill that would continue funding community-based mental health programs with the savings realized when patients leave psychiatric centers. Instead, Pataki said he plans to continue the funding through his own budget proposal.

Pataki spokesman Joseph Conway said Monday that the consumer protection bill will not only safeguard energy consumers, but also promote greater competition among energy companies.

"When people shop for cheaper electricity in the deregulated markets (the law now) provides them with all the consumer protections they always enjoyed," said William Ferris, spokesman for the consumer group AARP, on Monday. The lobbying group considered the bill a priority for older consumers on fixed incomes.

Chief among the protections are the right to file complaints about service or billings to the state Public Service Commission, to be provided a deferred payment plan before service is cut for nonpayment, and the option of spreading the cost of service evenly through the year.

The state began "deregulating" its energy market in 1996 to give New Yorkers more power-buying choices, in hopes that competition for customers would drive electric prices down while keeping service standards high. However, just 5.5 percent, or 400,000, of utility customers statewide have switched, said PSC spokesman David Flanagan. Ferris said the new law could encourage more people to switch.

Pataki also vetoed a measure to reauthorize the Community Mental Health Reinvestment Program. Created in 1993, it takes the money that would be used to support patients in state psychiatric centers _ totaling about $180 million a year now _ and redirects it into community-based services when they leave an institution. The program expired in September 2001.

Pataki said the state constitution prohibits the program, at least as it's written in the bill. The Republican said the bill would require the allocation of resources that only the governor and Legislature are empowered to spend. He said he intends to propose re-establishing the program in his austere 2003-04 executive budget to be released in January.

"It leaves hope alive," said Harvey Rosenthal of the state Association of Psychiatric Rehabilitation Services.

Other advocates fear the return of the funding to the state's political budget process will mean less money for care.

Since the law expired in September 2001 more than $38 million in savings hasn't gone to the community programs, said Joseph Glazer of the Mental Health Association in New York State. He said he fears Pataki will use the money to pay for his promised reforms of adult homes, which were the subject of New York Times articles about abuse and neglect of many mentally ill residents.

"Thousands of people with serious mental health needs are languishing without proper care in jails, prisons, adult homes and nursing homes and Gov. Pataki has chosen to vanquish one of the few historic commitments this state has ever made to them," said Joseph Glazer of the Mental Health Association in New York State, a lobbying group.

"With no substitute in place, community-based providers are dangling with no assurances of funding from the state and with little hope of adequate funding from hard-pressed counties," said Assemblyman Martin Luster, an Ithaca Democrat and chairman of the Assembly's Mental Health Committee.

Pataki also vetoed a bill that would have allowed wineries to sell wine on Sundays from their offsite "satellite stores." While alcohol can't legally be sold in New York now from stores, wine companies can sell their beverages _ mostly to tourists _ at the wineries all week.

Pataki said he feared the Sunday sales by as many as five satellite stores for each of the state's 150 wineries could hurt traditional liquor stores' sales. He had proposed a three-year sunset on the law that was rejected by the Assembly.

Legislative leaders, however, are considering lifting the ban on alcohol sales at liquor stores on Sundays as well as allowing grocery stores to sell wine as a way to increase state tax revenue and fill a multibillion deficit.

The veto "is a huge slap in the face to the wineries of this state who not only market New York wines but they are also selling New York state as a destination to tourists near and far," said Assembly Agriculture Chairman William Magee, a Madison County Democrat.

MHANYS’ 5.07 Survey

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Name & Title: ________________________________________________________

Organization (if applicable): _____________________________________________

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1. In 2001 or 2002, did you ever participated or were you ever asked to participate in a public hearing or meeting held by the mental health services council to gain input regarding the development of the statewide goals and objectives?

____ Yes
____ No
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2. Has your local government established a comprehensive plan for mental health services for 2001, 2002 or 2003?

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2a. Does that plan incorporate the goals and objectives as the mental health services council has established?

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2b. Is there adequate representation of consumers, consumer groups, providers of services and departmental facilities furnishing services to the mentally disabled in the development of this plan?

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2c. Who participates in the development of such a local plan?

 

 

Please mail or fax to Michael Seereiter, Director of Public Policy
194 Washington Avenue, Suite 415 Albany, NY 12210
fax: 518-427-8676

Until next time, we remain,
Working to ensure available and accessible mental health services for all New Yorkers