Legal Challenge to Census Law

A change to the counting of New York prisoners for the census has drew a lawsuit on Monday from Republicans who are worried about their districts losing population.
Passed as part of a budget extender last year, the change in counting would most likely grow the population in New York City, which is a Democratic stronghold and could alternate the power dynamic in the Senate. The Republican argument is based on the idea that including this provision in the budget extenders is unconstitutional, which could severely change the budget and census process.
Below is the complaint from state Republicans...

LITTLE v[1][1]. LATFOR SUMMONS AND COMPLAINT 4-4-11

Email Threat Provokes Legislature

In the wake of threats that were sent to local and state politicians, the Assembly has introduced legislation that is supposedly a reaction to the shooting of U.S. Rep Gabrielle Giffords.
The legislation, advanced by Assemblymen Jim Tedisco, Steve McLaughlin and Andrew Raia, known as the "Bystander Protection Act" would increase the penalties for anyone who harms members of the public while trying to injure a public. The decision to implement this law was sparked by the threats on Friday, which mentioned "Gabby Giffords."
Tedisco said in a press release that violence against elected officials will never be tolerated, especially since it can lead to the injuries or death of innocent bystanders, like in the case of Giffords. He then waxed poetically about the duty of serving and stressed that the really important people are in fact "the people."
While an admirable goal, it is unclear why this proposed legislation would deter people more than existing penalties, as Republicans love to argue that people who want to commit a crime will do it (but apparently only when it comes to gun control legislation). Seems like this would just give assassins extra incentive to aim carefully.

Anti-Napster Law in NYS Legislature

The New York State Legislature has introduced a proposal that would strengthen laws against file sharing. I'm not 100 percent sure what the actual measure targets, but it seems to be aimed people who use computers for file sharing that aren't theirs.
For a more detailed explanation, here is a summary of the bill (SB 4435 and AB 2916):

Under these new regulations, a person or entity that is not an owner or authorized user of a computer is prohibited from installing or causing a covered file-sharing program to be installed onto the computer without first providing clear notice to the owner or authorized user of the computer that their files may be made available to the public. Such non-owners/nonauthorized users much also obtain consent from the owner or authorized user to install the program. Further, this bill requires affirmative steps to be taken by the owner/authorized user to activate any feature on the program that will make files on that computer avail- able to the public.

Also, under the provisions of this legislation, non-owners and non-authorized users of a computer may also not directly or indirectly cause files to be stored on that computer, which, in turn, could be searched and copied by third parties unknown to the owner. In instances where the owner does authorize their files to be shared, the consumer must still be given the chance to affirmatively select which particular files would be made available.

Furthermore, this bill prohibits a person or entity that is not an owner or authorized user of a computer from preventing reasonable efforts to disable or remove, or to block the installation of execution of, a covered file-sharing program on the computer.

Basically it sounds like Metallica drummer Lars Ulrich has infiltrated the NYS Legislature.

NY's Chief Judge Responds to Budget

Labor Leader on Future Contracts

There won't be a new tier and unions are unlikely to make $450 million in concessions during ongoing labor negotiations, according to CSEA President Danny Donohue.
A sixth tier was the central piece of the Mandate Relief Team's recommendations, but Donohue characterized it as a non-starter, which wouldn't address real problems in the state. A spokesman for CSEA added that it's not a matter of negotiation for them and Donohue concluded that new tiers are a waste of time. He said, "At this rate we'll ahve Tier 39 and we're not going to get anywhere."
Regarding contract negotiations for stateworkers whose contracts expired on April 1st, Donohue said they're willing to work with Gov. Andrew Cuomo, but said they might not be able to realize the savings he wanted. "We're trying to make the governor aware that we're willing to work with him. We have to give on this, but we also recognize we may not be able to give $450 million," Doonhue said. "If you're looking to get $450 million from CSEA that might not happen."
The governor has said that if he can't get the savings he wants, then up to 9,800 workers might get laid off. Donohue suggested that the governor's proposed threat is terrifying, but could just be a negotiating ploy. He concluded, "We'll come to the table and we'll do what we have to.... but we may not be able to get to the governor's number."

Push for Anti-"Citizens United" Bill

A proposal (SB 101) from Democratic Senator Dan Squadron that would weaken the broad authority of the Citizen United Supreme Court case is being pushed for committee consideration.
Squadron's bill would require that a company's shareholders be involved in any decision's about political activity, which theoretically would make it harder for a company to become politically active.
The senator has previously brought this bill forth, and argued that it would provide greater transparency in the political process. In that incarnation the bill died in the Senate Finance Committee. Now, with a Republican controlled chamber, the proposal has even less of a chance, which explains why he had to formally request committee consideration.
Here is the Main Language from the bill's memo:

sections 2 through 11 requires that corporations formed under the business corporation law, the cooperative corporation law, the not-for-profit law, the railroad law, the transportation corporations law, the banking law, and the limited liability company law, professional service corporations as well as foreign corporations, and foreign professional service corporations authorized to do business in New York, (1) at least annually obtain prior authorization of a majority of shares voting before making any corporate political donations in New York, up to a total annual aggregate amount approved by the shareholders, and (2) disclose to its shareholders and file with the secretary of state an accounting of all such corporate donations, including the identity of the candidates, committees and initiatives funded and the business rational for such contributions. Sections 2 through 11 also provide the attorney general with the authority to enforce the provisions of each section.

Guaranteeing Retirement Benefits

Amidst a large outcry against pensions and benefits for public sector workers, the Assembly Committee on Governmental Employees is considering a bill (AB 6536) that would guarantee public employees have a say in any changes to their benefits.

The bill prohibits a public employer from diminishing the health insurance benefits provided to retirees and their dependents or reducing the contributions which the public employer makes toward these benefits, unless also making an equivalent change for active employees.

This guarantee comes at a time when state governments are looking for ways to retroactively renegotiate contracts that were bargained in the past for now retired employees and were based on trust. His bill memo argues that reductions in benefit can occur through public negotiations, to save money in tough economic times, but the Taylor Law prohibits current employees from negotiating on behalf of retirees.
There is no Senate sponsor for this bill.

Next for the Legislature

Like the day god rested after creating man, the New York State Legislature took Friday off after passing the budget, but legislative leaders claim they have a lot left to accomplish.
One of those things is the millionaire's tax, which was left out of the budget and is likely to become an issue for Speaker Sheldon Sillver, D-Manhattan. Shortly after the budget was completed he announced, "Although “the millionaire’s tax” was not included in the final budget agreement, we will continue our efforts to convince our partners that it was and is the right thing to do at this time."
In a video statement, Senate Majority Leader Dean Skelos, R-Rockville Centre, promised that from the momentum of the budget passing the government would deliver on a property tax cap and mandate relief.
Notable proposals that are currently scheduled to be addressed in the committee process on the following week include...
Monday:
- SB 2212, from Republican Senator Marty Golden, which would increase the maximum income eligibility levels for real property tax exemptions for seniors.
Tuesday:
- Ken Adams may finally move through the committee process in his quest to become head of the Empire State Development Corporation. He starts at 9 a.m. in Senate Corporations, Authorities and Commissions before ultimately ending up in Senate Finance, with the nomination of former Senator Darrel Aubertine (as head of farming?).
- The Assembly Higher Ed Committee will consider a AB 6801 from chairwoman Deb Glick, which deals with purchasing of goods for SUNY (and that's all I know because there was no bill memo on Thursday night).
- SB 6536, from Democratic Assemblyman Pete Abbate, will be addressed in Government Employees Committee. His proposal prohibits public employers from diminishing the health insurance benefits and contributions of retired public employees.
Wednesday:
- IDC leader Jeff Klein will have SB 3838, which provides for free or reduced price passes to horse racing in an attempt to increase attendance. This proposal will be heard in Senate Racing, Gaming and Wagering.

Senate Bill would "Chill" Freedom Of Information

On Monday the Senate is scheduled to address a proposal (SB 2168) from Republican Sen. Martin Golden that some critics in the chamber believe will have negatively impact the freedom of information in New YOrk.
The bill would make the use of public records, secured through FOIL requests, for committing a crime a Class E felony.
Without citing any specific incidents or evidence, the bill's memo argues that FOIL requests are being abused "by convicts and others with questionable and/or harmful motives," who are using the data they obtain to commit crimes like identity theft.
The Republicans in the Senate are hoping to deter this law will have a damper on these crimes, but Democratic Sen. Dan Squadron suggested it could just scare away legitimate FOIL requests.
In March 8 Senate Codes Committee meeting, Squadron argued that ambiguities in the bill would deter people from putting in FOIL requests on the basis that their information might be used illegally by someone else. He laid out a scenario where an overzealous prosecutor might use this law to go after a media outlet with coverage he didn't like.
Shortly after Squadron described his problems with the ambiguity of the bill, he turned his focus on the intent portion of the bill, which he said would be too specific for prosecutors to get a conviction. Both arguments were rejected by Committee staff, who contended that his scenarios weren't credible.
Squadron and Sen. Bill Perkins voted without recommendation. Senators Parker and Duane voted in the negative. This bill regularly passes the Senate, but hasn't been introduced in the Assembly this session.

Reform if Cuomo Wants It

Assemblyman Jim Tedisco, R-Glenville, said that the next priorities for the state need to be mandate relief and a property tax cap, but he said the Legislature could adopt ethics reform and non-partisan redistricting if Gov. Andrew Cuomo pushes for them.
Tedisco questioned whether the Assembly and Senate would make a "sincere" attempt to address these sincere issues without the prodding of the governor. He suggested that if Cuomo takes the lead on ethics and redistricting, he could be the adult in the room that would bring about change. "[Cuomo has] tremendous support on the bully pulpit," contended Tedisco.
He added that the threat of a veto on the redistricting plan was also a very powerful weapon in the governor's arsenal.

Group of NY Docs like Budget Prescription

A coalition of primary care doctors in New York hails the recent budget as a success, for offering changes to the state's health care system and for implementing new primary care initiatives.
The group, Primary Care Coalition, acknowledged that some of the changes adopted will be difficult, but said great strides have been reached in focusing on primary care, applauded bringing health care decisions to the people and lauded the creation of incentives for doctors to provide the "right care."
Initiatives they were particularly fond of included:

• Expansion of Patient-Centered Medical Homes, so one million New Yorkers, including 600,000 of the highest-need patients, will have access to better coordinated care;
• Accountable Care Organizations that will align financial incentives with quality care and allow providers to come together and share responsibility for their patients' health;
• Incentives for telemedicine to expand access to vital health services for patients in remote areas;
• Resources for merging and restructuring safety net facilities to ensure low-income patients get the right care in the right settings; and
• An Office of Patient-Centered Primary Care Initiatives, with the mission to significantly expand quality primary care throughout New York.

The Primary Care Coalition is comprised of the Community Health Care Association of New York State; the Primary Care Development Corporation; the New York State Area Health Education Center System; the American College of Physicians, New York Chapter; and the New York State Academy of Family Physicians

GooGoo Opposes New Senate Rules (UPDATED)

The new Senate Rules passed on Monday have drawn the ire of the Brennan Center for Justice, which published a blog post lambasting the Senate Majority's actions.
They note that the rules were passed "without notice, discussion, or explanation," in what was likely an effort to ensure greater control of the chamber as they prepare to pass their budget.
According to the Brennan Center, the resolution will do three thing:

1) Increase the membership of the Finance Committee and the Rules Committee with members from the majority party;

2) In the event of an excused absence from a meeting, allow for a member to fill in for a Senator on the Finance Committee and Rules Committee; and

3) Allow budget bills from the Finance Committee to bypass the Rules Committee and go straight to the third calendar reading.

UPDATED:
Barbara Bartoletti has voiced serious concerns about the rules adopted by the Senate and the manner in which they were passed.
She said it was "very troubling" that they were passed without 48 hours notices. The changes, she argues, are not reflective of the slim majority the Republicans have and contended that it gives them too much control of the chamber. "Proportionality is not in effect," Bartoletti said.