Final Veto Summary Report

Vetoed Items Summary

7/7/20102:12:35 PM

AgencyAbbrv.Acct.CodeA/RFPgTPgFLnTLnAppropriation ItemAmountFund

EDUCATION, LABOR AND FAMILY ASSISTANCE BUDGET

VetoNum

Vetoed Items

SEDNAA

For additional general support for publicschools for the 2010-11 school year ........ 419,060,000

$419,060,000001

15

The appropriation bills passed by the Legislature include numerous items that, in the aggregate, will adversely impact the State’s capacity to maintain a properly balanced budget,

provide for adequate fiscal reserves and ensure manageable out-year budget gaps. Accordingly, this item is objected to and not approved.

Fiscal

656556

ARTSNAA

For additional state financial assistancefor the arts ................................. 1,613,000

$1,613,000001

20

The appropriation bills passed by the Legislature include numerous items that, in the aggregate, will adversely impact the State’s capacity to maintain a properly balanced budget,

provide for adequate fiscal reserves and ensure manageable out-year budget gaps. Accordingly, this item is objected to and not approved.

Fiscal

552627

ARTSCCR

Arts Stabilization Grants ... 33,000 ................... (re. $33,000)

$33,000007

21

The appropriation bills passed by the Legislature include numerous items that, in the aggregate, will adversely impact the State’s capacity to maintain a properly balanced budget,

provide for adequate fiscal reserves and ensure manageable out-year budget gaps. Accordingly, this item is objected to and not approved.

Fiscal

993939

CUNYNAA

For additional operating services andexpenses of community colleges .............. 16,394,625

$16,394,625001

22

The appropriation bills passed by the Legislature include numerous items that, in the aggregate, will adversely impact the State’s capacity to maintain a properly balanced budget,

provide for adequate fiscal reserves and ensure manageable out-year budget gaps. Accordingly, this item is objected to and not approved.

Fiscal

11114142

CUNYCCR

CITY UNIVERSITY OF NEW YORK - CREATIVE ARTS TEAM .....................2,500 ................................................. (re. $2,500)</B

$2,500007

23

The appropriation bills passed by the Legislature include numerous items that, in the aggregate, will adversely impact the State’s capacity to maintain a properly balanced budget,

provide for adequate fiscal reserves and ensure manageable out-year budget gaps. Accordingly, this item is objected to and not approved.

Fiscal

16161718

CUNYBBR

[<S>OASIS Community Corporation ... 4,500 ................. (re. $4,500)</S>]

$0007

24

The appropriation bills passed by the Legislature include numerous items that, in the aggregate, will adversely impact the State’s capacity to maintain a properly balanced budget,

provide for adequate fiscal reserves and ensure manageable out-year budget gaps. Accordingly, this item is objected to and not approved.

Fiscal

16162727

CUNYCCR

QUEENSBOROUGH PERFORMING ARTS CENTER .. 5,000 ........... (re. $5,000)</B

$5,000007

25

The appropriation bills passed by the Legislature include numerous items that, in the aggregate, will adversely impact the State’s capacity to maintain a properly balanced budget,

provide for adequate fiscal reserves and ensure manageable out-year budget gaps. Accordingly, this item is objected to and not approved.

Fiscal

16163131

CUNYCCR

CUNY SCHOOL OF LAW ... 20,000 .......................... (re. $20,000)</B

$20,000007

26

The appropriation bills passed by the Legislature include numerous items that, in the aggregate, will adversely impact the State’s capacity to maintain a properly balanced budget,

provide for adequate fiscal reserves and ensure manageable out-year budget gaps. Accordingly, this item is objected to and not approved.

Fiscal

171744

Wednesday, July 07, 2010Page 1 of 693Vetoed Items2:12:35 PMEDUCATION, LABOR AND FAMILY ASSISTANCE BUDGET

AgencyAbbrv.Acct.CodeA/RFPgTPgFLnTLnAppropriation ItemAmountFund

EDUCATION, LABOR AND FAMILY ASSISTANCE BUDGET

VetoNum

Vetoed Items

SEDNAR

For services and expenses:Cato-Meridian Central School District ........... 75,000Weedsport Central School District ............... 75,000Cleveland Hill Union Free School District ....... 75,000Eden Central School District .................... 75,000Grand Island Central School District ............ 25,000Hamburg Central School District ................. 75,000Tonawanda City School District .................. 25,000Belleville Henderson Central School District .... 25,000La Fargeville Central School District ........... 50,000Lyme Central School District .................... 25,000Brookfield Central School District ............. 100,000Canastota Central School District ............... 50,000DeRuyter Central School District ............... 100,000Hamilton Central School District ................ 50,000Madison Central School District ................. 50,000Morrisville-Eaton Central School District ...... 100,000Oneida City School District ..................... 50,000Berne-Knox-Westerlo Central School District ..... 25,000Stockbridge Valley Central School District ...... 50,000Carle Place Union Free School District .......... 25,000East Williston Union Free School District ....... 50,000Elmont Union Free School District ............... 50,000Floral Park-Bellerose Union Free SchoolDistrict ...................................... 50,000Franklin Square ................................. 25,000Great Neck Union Free School District ........... 50,000Herricks Union Free School District ............. 50,000Hicksville Union Free School District ........... 25,000Manhasset Union Free School District ............ 50,000Mineola Union Free School District .............. 50,000New Hyde Park-Garden City Park Union FreeSchool District ............................... 50,000Port Washington Union Free School District ...... 50,000Roslyn Union Free School District ............... 50,000Sewahanka Central High School District .......... 50,000Westbury Union Free School District ............. 50,000Niagara Falls City School District ............. 175,000Rome City School District ....................... 50,000Oriskany Central School District ................ 50,000Fabius-Pompey Central School District ........... 50,000Altmar-Parish-Williamstown Central SchoolDistrict ...................................... 50,000Central Square Central School District .......... 75,000Fulton City School District ..................... 25,000Phoenix Central School District ................. 50,000Pulaski Central School District ................ 100,000Sandy Creek Central School District ............. 50,000Edwards-Knox Central School District ............ 75,000Hermon-Dekalb Central School District ........... 25,000Gouvernor Central School District ............... 50,000Heuvelton Central School District ............... 50,000Lisbon Central School District .................. 25,000Madrid-Waddington Central School District ....... 50,000

$0001

27

1181191237

Wednesday, July 07, 2010Page 2 of 693Vetoed Items2:12:35 PMEDUCATION, LABOR AND FAMILY ASSISTANCE BUDGET

AgencyAbbrv.Acct.CodeA/RFPgTPgFLnTLnAppropriation ItemAmountFund

EDUCATION, LABOR AND FAMILY ASSISTANCE BUDGET

VetoNum

Vetoed Items

Morristown Central School District .............. 50,000Ogdensburg City School District ................ 75,000Brentwood Union Free School District ........... 100,000Bayport Blue Point Union Free School District .. 100,000Central Islip Union Free School District ....... 150,000Hauppauge Union Free School District ............ 25,000Patchogue-Medford Union Free School District ....100,000Sayville Union Free School District ............. 75,000William Floyd Union Free School District ....... 150,000Elmsford Union Free School District ............. 25,000Hastings on the Hudson Union Free SchoolDistrict ...................................... 25,000Mount Vernon City School District .............. 400,000New Rochelle City School District .............. 150,000Ossining Union Free School District ............ 100,000Pleasantville Union Free School District .........25,000Pocantico Hill Central School District .......... 25,000Port Chester-Rye Union Free School District .... 125,000Union Free School District of the Tarrytowns .... 50,000Tuckahoe Union Free School District ............ 100,000Valhalla Union Free School District ............. 25,000White Plains City School District .............. 152,100Irvington Union Free School District ............ 25,000Edgemont Union Free School District ............. 25,000

These items, to which I object and do not approve, represent an unconstitutional alteration of an appropriation contained in the Executive Budget submission and are thereforedisapproved.The Governor's disapproval of an item on the basis of its unconstitutionality is not subject to override by the Legislature. See Silver v. Pataki, 4 N.Y.3d 75 (2004)(dismissing challenge by Speaker of the State Assembly to the Governor's disapproval of 55 unconstitutional items added by the Legislature to the 1998-99 budget); 1982 N.Y. Op.

Att'y General 21 (recognizing that the Governor's disapproval of unconstitutional budget items “is not subject to override by the Legislature”). Even a vote by two-thirds of the

members of both Houses of the State Legislature cannot transform an unconstitutional budgetary item into a law that may be validly executed by responsible state officials. SeeCity Council of N.Y. v. Bloomberg, 2006 N.Y. LEXIS 149 (2006) (upholding Mayor Bloomberg's refusal to execute invalid legislation enacted into law over his veto by the NewYork City Council).

UnConAlter-2