State lawmakers have use of taxpayer-funded cars

ALBANY -- When Sen. William Stachowski travels to Albany, he usually hops on a plane and bills taxpayers for the expense.

But once the Buffalo Democrat is in town, he has a 2003 Ford Crown Victoria waiting for him in a parking garage, which is also paid for by New York taxpayers.

For Assembly Majority Leader Ron Canestrari, the trip to the Capitol isn't as far. But the lawmaker, who lives in the Albany suburb of Cohoes, has a state-owned 2005 Chevrolet Impala to drive to and from work.

A review of state records by Gannett's Albany Bureau shows that despite the state's ongoing fiscal problems, some state lawmakers, including Sen. Thomas W. Libous, R-Binghamton and Assemblyman Clifford Crouch, R-Guilford, receive taxpayer-funded vehicles to drive in their districts and to Albany.

New York is one of only a few states that provide vehicles to its state lawmakers, and there is no requirement to declare the cars to the Internal Revenue Service as extra income unless they are used for personal use.

Assigning cars to a select few lawmakers comes on top of their $171 allowance for lodging and food whenever they travel to Albany for legislative business.

At a time when businesses, government and families are struggling to cut back, having the perk is a bit much, said Brian Sampson, the executive director of Unshackle Upstate, a Rochester-based business group.

"It's one of those things that doesn't fit well with the average person," Sampson said. "If you're going to increase my taxes, why can't you find another area to cut spending?"

Stachowski, the longest-serving Democrat in the Senate, defended having a car that he rarely uses.

"I use it to go to receptions and things that are part of the job," Stachowksi said. "It's there, parked in same spot it always is."

A rare perk

New York is one of the few states that offer these generous perks to lawmakers.

California and New Jersey assign cars to legislators with leadership posts. Pennsylvania, Arizona, Kentucky, Montana and Nevada have a general-use motor pool.

The rest of the states require lawmakers to use their own cars, according to the National Conference of State Legislators.

Cars are assigned at the discretion of the legislative leaders in both parties.

In Libous' case, he was first issued a state car when he was promoted to assistant majority leader in 2005, spokeswoman Christina Ruocco said. She believed that car was a Crown Victoria.

Since then, he has been issued a 2006 Chevrolet Impala, which had an original retail price of $20,300, she said.

"He uses it in a really limited way," Ruocco said. "He drives between here and Albany. On occasion, he'll take it to official events in the district. Mainly, he uses it for his Albany travel."

Libous has another vehicle that is paid for, in part, from his Friends of Senator Libous Committee -- allowable by state law -- and partially from his own pocket, Ruocco said.

That vehicle, a 2008 Chevy Tahoe, cost about $47,000, Ruocco said.

Libous uses that car for political and official trips, as well as personal use, Ruocco said.

Crouch, whose sprawling district includes most of Chenango County, eastern Broome and stretches eastward to Middletown and parts of Ulster County, received a state-owned car about two years ago. He defended the perk, saying he was given the car to use for two reasons: seniority, and he was chosen to chair a task force on workplace issues in the corrections system.

"I'm very careful with it," said Crouch, who uses a 2005 Chevrolet Impala. "If I have to stop at the Price Chopper for a gallon of milk on my way home from Albany, I make sure to deduct the mileage and pay it myself."

Like Crouch, most lawmakers defend the state-issued vehicle expense, saying it's cheaper than receiving mileage reimbursements for their own cars and that the state has tightened scrutiny over the vehicles' usage. Legislators with state cars do not receive a mileage reimbursement, which returns 50 cents for each mile legislators travel in their own vehicles.

"Many legislators who travel are getting 50 cents per mile," said Assemblywoman Nancy Calhoun, R-Blooming Grove, Sullivan County, who was first issued an official car in 2005. "I would receive $100 in cash every time I drove to Albany if I didn't have a car."

Assemblyman Bill Reilich agreed that his use of state car is cheaper than putting in for mileage.

The Greece, Monroe County, Republican said he uses his 2008 Impala -- which was purchased for $15,712 -- to travel around the state as the chairman of the Republican Small Business Task Force.

He's logged about 40,000 miles in the last year and if he put in for mileage reimbursements, it would have cost the state $20,000.

"Trust me, I'd have no issue if they decided to not provide me with it," Reilich said of the car. "I only use the car for the official business task force. I rarely use it within the district at all."

Assemblywoman Donna Lupardo, D-Endwell, doesn't have a state-owned car.

"To be honest with you, I was never offered a car," she said.

Instead, she drives her own vehicle.

"I receive a mileage allotment and that's perfectly adequate," she said.

Fleet is growing

The number of vehicles assigned to the Legislature has grown over the years.

When Gannett examined the issue of taxpayer-funded cars 25 years ago for a special series called "The Solid Gold Legislature," the Assembly alone had 24 vehicles at its disposal. Now it has 31.

In all, the state Legislature has control of 40 vehicles -- 31 in the Assembly and 9 in the Senate, records show. The most belong to Assembly Republicans, who are assigned nine vehicles.

Assembly Democrats have three vehicles -- assigned to Canestrari, Assembly Speaker Sheldon Silver, D-Manhattan, and Ways and Means Committee chairman Denny Farrell, D-Manhattan.

Two are assigned to staff members, and the rest are pool vehicles that members can use at their discretion for legislative business.

Seven senators, including Libous, have cars, along with two top staff members.

All of those vehicles come with maintenance and repair bills.

Over the last decade, the Legislature has spent a combined $2.2 million on car purchases, leases and maintenance, according to the state Comptroller's Office.

A review of state records found that legislators have racked up more than $284,000 in maintenance costs since 2006 -- that includes everything from new tires, to oil changes and car washes.

Vehicle purchases, lease fees and car rentals totaled $404,000 in the last four years. Some of the vehicles are leased, and others are purchased.

Former New York City Mayor Ed Koch, a Democrat, said having legislators use state-owned cars isn't a major problem. But Koch, who is leading a statewide effort to reform the Legislature and the political culture of Albany, said the lawmakers should be more open with how they use the cars.

"They should provide a reasonable estimate on how much they use the car for private purposes and that should be subject to a tax," Koch said.

Senate Democrats say oversight of vehicle use has gotten better since their party took over the chamber in 2009.

Lawmakers are now required to file more information on what they use the car for and how many miles they log, said Senate Democratic spokesman Travis Proulx.

They also point to taking the "Brunomobile" off the road. The GMC van, used by former Senate Majority Joseph Bruno, R-Brunswick, Rensselaer County, included tinted windows, a table and swiveling captain's chairs.

The vehicle was purchased for $54,000, records show. Bruno, who left the Senate in 2006, was found guilty of federal corruption charges earlier this year, but is appealing the conviction.

Democrats traded in Bruno's van earlier this year for a 2010 Chevrolet Tahoe hybrid. With the trade-in, Democrats spent about $12,000 on the car, which gets an estimated 40 miles per gallon. The Senate's Media Services, an arm of the Democrats' press office, use the car. It is also available to lawmakers upon request.

Another loophole

For those who don't get a publicly funded car, some expense their personal vehicles through their campaign accounts, a loophole in state law that allows them to spend campaign money as long as it's related "to a political campaign or the holding of a public office or party position."

Sen. James Seward, R-Milford, Otsego County, spent $8,639 in car lease payments from his campaign account, according to his July filing covering the first six months of the year.

And Sen. Michael Nozzolio, R-Fayette, Seneca County, spent $6,540 in campaign money on insurance and lease payments between January and July.

Nozzolio said in a statement that the car is his "mobile office" that he needs to travel through a sprawling six-county district "at no expense to the taxpayers, taking no State travel reimbursement, and saving taxpayers thousands of dollars."

Dick Dadey, the executive director of Citizens Union, a good-government group, said the campaign laws provide too much leeway and not enough oversight.

"There are these hidden treasure troves that legislators can rely upon to pay for their everyday expenses as long as they can legitimately claim it's work-related," he said. "Just about anything a legislator does can be described as work-related. It blurs the line between personal and work-related use."