Cuomo 2014

Gov. Andrew Cuomo's reelection campaign for 2014 was formally announced via mousepad, pen and notepad (courtesy of Capital Tonight) on Friday night at Proctors Theater in Schenectady. Cuomo was in town for the Democratic Rural Conference's two-day Convention.
Guests of the Convention were given these parting gifts, which were imprinted with the words "Cuomo 2014." The governor did not address this fact during his opening remarks at the Convention. In fact, DRC members had national aspirations for him after he spoke.
The immediate reaction from one DRC member to the speech was, "Thank you President Cuomo," as a more subdued member suggested the governor would win that title in 2016.
Cuomo was championed as the "son" of the DRC, which endorsed him in 2002 when he tried to secure the Democratic nomination for governor. The governor embraced their strong past and said, "You can call me a son of the DRC anytime... I was born from the DRC. The DRC was very good to me early on ... and more importantly they were with me in bad days."
After briefly doing a victory lap on the passage of an on-time budget, Cuomo turned to the economic revitalization of upstate New York. He talked about economic development for this troubled region, but opted not to talk about the heretofore secret Regional Economic Development Councils that are supposed to be a part of upstate's recovery.
Instead, Cuomo seemed to focus more on protecting his flank, as he laid out his vision for New York to become a leading progressive state. This message felt like a response to critics who alleged that his budget was too fiscally conservative. Refuting that belief, the governor stressed the government's role in helping people and waxed on about the state's potential to be a leader on civil rights.
"We led the way and we're going to do it again," Cuomo said, as he promised the state would be the progressive capital for women's rights, reproductive rights, environmental rights and marriage equality.

Line-Item Vetoes to Aid to Localities Budget

Ignoring the fact that this is happening almost two weeks after the budget was due, Gov. Andrew Cuomo announced 22 line item vetoes to the Aid to Localities portion of the budget (SB 2803), with cuts coming to seniors, education, health and housing.
The first 14 impact the Office of Aging, with a couple cuts to transportation programs and the elimination of a $1 million pilot program for geriatric in-home
medical care initiatives that included in-home visits and consultation by physicians.
The cuts to education are more substantial, with $24 million to higher education opportunity program funds removed and $19 million struck out that was designated for the Science and Technology Entry Program and the Collegiate Science and Technology Entry Program.
Cuomo's veto message argues that these two allotments of money represent unconstitutional changes to his original budget. He cites the now infamous Silver v. Pataki case for the limitation on the legislature. Regardless, the governor notes that he doesn't even like the funding of these areas.
Additionally, this constitutional argument was applied to his veto of $500,000 to fund a national board for professional teaching standards certification grant program.
As for the Department of Health portions, which had two line-item vetoes, they deal with the health care reform act program, but that's all I know. These two vetoes are based on the unconstitutionality of their inclusion.
Then there are some housing cuts that go way over my head and probably only impact New York City. Luckily, you don't have to rely on my non-explanation, as we've included all 22 line-item vetoes. The only thing is that you either need to tilt your head or your computer screen to read them...

aid to localities line veto

Spend-O-Meter

Following the passage of a $132.5 billion budget for the current fiscal year, the Empire Center has begun documenting the rate of spending with its spend-O-meter.
Based on the budget, according to the Empire Center, the state spends $4,201 a second, $363,013,699 per day and $11,041,666,666 in a month.
E.J. McMahon of the Empire Center said, "Under this year's budget, our state government will spend more every hour than 200 typical New York families earn in a year."
Check out the Spend-O-Meter.

NY Continues if Fed Gov't Stops

Comptroller Tom DiNapoli has released a report on the ramifications to New York if the federal government fails to implement a continuing resolution by Friday at midnight. "A federal shutdown would be disruptive in the short term and damaging in the long term," he concludes.
His report notes that 126,500 full and part-time employees of the federal government who work in New York could be subject to furloughs, although a small percentage of that number are likely to remain on the job because they hold "essential" positions.
On the state level, though, New York relies on $687 million in federal funds to pay its employees.
Definitely impacted will be the state's 22 national parks, which would close on Saturday if there isn't a compromise. At the Saratoga Battlefield this will mean about 20 employees are put on leave. Regarding these 22 parks, the comptroller highlighted the fact that they generated $340 million in economic activity from non-local visitors in 2009.
Dinapoli warns that cash flow challenges in the state as the result of delayed or non-existent federal funds could result in delayed payments to contractors, municipalities and tax refunds for individuals. Regarding local municipalities and public authorities, which rely on funding for day-to-day operations, they may have to resort to temporary financing to make ends meet.
The potential of a long shutdown could be damaging for the economy of the state and local governments he concluded. "An extended shutdown could have negative economic implications for the state and its local government due to the loss of infrastructure and capital projects activities, the loss of income and sales tax revenue from furloughed workers and affected contractors, as well as the loss of tourism dollars from shuttered national parks and historic sites," Dinapoli said.

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

NY's Chief Judge Responds to Budget

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.

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

Assembly Passed Budget on Wednesday?

Even though the New York State Assembly finished passing its budget bills on Thursday morning, which means they passed an on-time budget, Speaker Sheldon Silver is acting like they passed an early budget on Wednesday.
In a press release he congratulated "Governor Cuomo on the completion of the Administration’s first budget, the result of which is the enactment of the first "early" state budget since 1983."
According to the state's public information website, Silver's version of events is actually correct. The site (incorrectly) declares that budget bills (SB 2801 and AB 4008) were passed and delivered to the governor on Wednesday.
Apparently the Assembly Majority isn't completely on the same page though, with spokesman Michael Whyland, contending that the change in date was simply a routine computer glitch. He added emphatically that it was not done so that the Assembly could claim they passed an on-time budget. He made this statement about 13 hours after he sent out the press release declaring an "early" budget.

Closed Legislature 2

On Wednesday we reported on the shenanigans of the state legislature, and we're sad to report that those transgressions continued late into the evening.
While the Assembly did eventually allow a limited number of public citizens into the upstairs chamber galley, it did not occur until late in the evening.
More egregious, though, were the continued actions of the Senate to clamp down its proceedings so that it could move the budget process along unabated. This included refusing to let people attend the Senate Finance meetings, which are supposedly open to the public.
I was stopped at one of the guarded glass doors when I tried to get to the meeting. When I suggested that it was an open meeting and I should be allowed to attend, a Senate Chamber official alerted me that, "We make the rules, not you." I would like to add that most other chamber officials are very courteous and helpful, but were placed in a tough position because of protesters last night, which was made worse by having to enforce unclear rules.
Additionally, in that Senate Finance meeting, the members of the committee were forced to vote on a "C" version of a bill, even though they would be taking up the "D" version on the floor. In response to concerns expressed by Democrats and Republicans in the committee about this issue, counsel for the committee and Chair John DeFrancisco urged members to just write the correct letter on their paperwork.
All of this did lead to an on-time budget.
(Editor's note: We are not alleging that the issue with the different versions of the budget bills is illegal, just stating what was done for the sake of expediency.)

Krueger to explain her vote

Democratic Senator Liz Krueger was one of 10 Democrats (I think that number is right) to vote against the budget bill that determined aid to local municipalities. Here she explains her vote.



(Editor's Note: Lombardo likes using free video he gets off the Senate's youtube feed. Kudos to you Senate for being so modern!)

Budget Good. What's Next?

Business groups are happy with the budget passed late last night in the Senate and very early this morning in the Assembly, but now they're calling for action on a property tax cap and mandate relief.
Speaking on behalf of the upstate business community, as it represents more than 70,000 employers, Unshackle Upstate touted the very recent achievement of Gov. Andrew Cuomo and the legislature.
"Finally, we have a governor who is willing to lead by example and legislative leadership who share and support his vision for a stronger New York,” said Brian Sampson, executive director of Unshackle Upstate. “By capping education and Medicaid spending and establishing Regional Economic Development Councils, this budget sends a powerful message that New York is on the road to recovery.”
Sandy Parker, a co-founder of Unshackle Upstate and leader of the Rochester Business Alliance, characterized the budget as a solid first step toward getting the state's spending under control. She added, "Now with the budget behind us, we look forward to moving on to equally important issues, such as implementing a property tax cap.”
These sentiments were echoed by the Greater Binghamton Chamber of Commerce, the Buffalo Niagara Partnership, the North Country Chamber of Commerce and MACNY.
Sampson argued that it is important to build on the momentum of the budget's passage with a couple key proposals, mainly the passage in the Assembly of the property tax cap and serious mandate relief to accompany it. "It’s imperative that they take immediate action to enact a 2-percent property tax cap; provide real mandate relief for our local schools and governments; and reform the public-sector pension system," said Sampson.
The following are portions of the budget that Unshackle Upstate and its allies were particularly happy with:

No new taxes;
Reduction in overall state spending by 2 percent;
Education and Medicaid spending caps;
Creation of Regional Economic Development Councils;
Merger of state agencies;
Repeal of the industrial development authorities tax;
Two-year suspension of diesel retrofit requirement; and
Creation of the Recharge NY Power Program
Key business leaders from Rochester, Binghamton and Syracuse signaled their support the 2011-12 budget.

No Allies in Their Fight

Protesters at the capitol on Wednesday night had two specific enemies in their sights, the Republicans and Gov. Andrew Cuomo, both of which they believed had teamed up to pass a budget that unfairly distributed pain throughout the state. Lost in this tidal wave of anger and emotion were the Democrats in the Legislature, who were essentially going along with the proposed cuts that were voted on last night.
Colin Donnaruma, a 30-year-old graduate student at UAlbany, acknowledged the failures of the Democrats, specifically the ones in the state senate. He said they viewed the governor “as unstoppable” and they were “prepared to roll over to his every whim.”
When it was all said and done late Wednesday, only 13 voices in the Senate rose up in opposition to the most controversial part of the budget, which laid out language for eduucation, labor and family assistance. Senate Democrats put up a stink on the floor, but their protests were more about procedural manners, with Minority Leader John Sampson lauding the on-time budget after it was passed.
For the most part, though, people didn't feel betrayed by the Senate Democrats (and maybe it was because Senators Kevin Parker and Bill Perkins helped them get pizza into the capitol). Instead, their ire turned to Cuomo, with a 51-year-old first time voter articulating his disappointment before a large crowd on the second floor of the capitol. He said that he had made a mistake with his vote.
Donnaruma argued that Cuomo had run as a progressive, but had adopted the budget of a fiscal conservative. “A lot of Democrats are wondering, ‘Why did we vote for him?’ ” he said. “We thought he was a progressive Democrat, but he is aligning himself with Republicans to pass tax cuts for millionaires.”

Recharge State Biz

The inclusion of a long-term power for jobs program, known as Recharge New York, has been included in the budget, and western Republican Senator George Maziarz believes it will be great for economic development.
As Chairman of the Senate Committee on Energy, Maziarz said the plan may not be the silver bullet to the state's economic woes, but it will help improve the business climate.
“After years of hard work, we have a plan to help save Upstate New York’s economy,” said Maziarz. "The current program supports several hundred businesses and a quarter million jobs—and we’re doubling its impact. This program will be demonstrate how effective a tool low-cost hydropower can be for economic development.”
The Recharge program will extend Power for Jobs until 2012, with the new plan following that. It will make 910 megawatts of cheap energy available to companies that will create and keep jobs in New York. The longer tenure of this program will allow companies to enter into seven year contracts with the state, which will provide security that has been missing in New York in the past.
Additionally, the program will reserve 100 MW for not-for-profits, such as hospitals.
“The Recharge New York program will give businesses in New York the certainty they need to make investments and create jobs," concluded Maziarz. “The year-to-year Power For Jobs extensions are over. This is a true reform, and it will also greatly augment our capability to help businesses grow.”

Breathing Group in a Huff Over Tobacco Money

A proposed $17 million cut in the state's tobacco control program was decried on Tuesday by the American Lung Association in New York, which says the reduction will impair the program's ability to protect kids and help people quit smoking.
This cut represents reduced pain compared to the $52 million slashing proposed by the Assembly. This would have brought the total funding for tobacco control from $58 million to $6 million, which environmental and health advocates said wouldn't be enough to run any programs.
"This action is ultimately going to hurt people who want to quit smoking, the people who love them, and the state of New York," said Irwin Berlin, MD, board chair of the American Lung Association in New York. "More than 25,000 New Yorkers die from smoking each year and yet they are cutting a program that works to reduce that number while improving overall public health and reducing health care costs? This is penny-wise and pound-foolish. It's a destructive move that, in the long run, does nothing to improve the state's fiscal condition."
The Lung Association estimated that the economic costs of smoking is more than $14 billion a year, with the potential to increase in the future as 24,000 New York kids under age 18 become regular daily smokers.
Berlin added, "Just a few months ago, the Lung Association released its State of Tobacco Control Report which gave New York an "F" for the level of funding it commits to tobacco prevention and control."
The $17 million represents about a 29 percent reduction since last year, with the newest cut leading to an almost 50 percent reduction in funding since funding peaked at around $80 million in 2007.
(Editor's Note: There has not been a formal announcement about the tobacco control funding, as the subcommittee report on Health has not been announced and the budget bill dealing with health hasn't been printed.)
(Editor's Note Update: According to the American Lung Association of New York: Lung Association: NY FightForAirNY "FYI: Division of budget spokesman Morris Peters stated the $17m # on-the-record")

Budget Protest Sleepover

Sure it's a school night, but that's not stopping plans by a variety of interest group to execute a sleep over at the Capitol on Wednesday in protest of the three-way budget agreement. The event promises hundreds of New Yorkers, signs. chanting. folk songs and marshmallows.
The groups include the Alliance for Quality Education, Citizen Action of New York, New York City Coalition for Educational Justice, Long Island Progressive Coalition, Make the Road New York, New York Communities for Change, VOCAL, PUSH-Buffalo, Right to the City New York, Real Rent Reform New York, Community Voices Heard, New Deal for New York, The Save Our SUNY Coalition, Strong Economy for All, Growing Together New York Coalition and VOICE Buffalo.
Their release says that they want to "bear witness to the votes on this painful budget." They allege it will deliver painful cuts to children, families, seniors and schools, while providing a $4.6 billion tax cut for three percent of New Yorkers ( by allowing the millionaire's tax to lapse). They add that, "The budget also fails to proactively renew and strengthen the rent laws, a sign that the State Legislature is more concerned with pandering to real estate interests than protecting the millions of New Yorkers who depend on these laws to stay in their homes."
The event is scheduled to culminate at 10 a.m. on Thursday at the "Million Dollar Staircase" on the third floor of the capitol.

Prison Closings a Concern for Aubry

During Monday's final meeting of the Conference Subcommittee on Public Protection, Democratic Assemblyman Jeff Aubry expressed concerns about plans for prison closings in the state.
Aubry, who voted in favor of their final report, voiced concerns about the the future plans for prison closings in the state. As originally proposed by Gov. Andrew Cuomo, prison closings would be decided by his own task-force, but this suggestion was dropped as part of a three-way agreement announced on Sunday. Now the prisons will be closed at the whim of the administration with "consultation" from the legislature.
This change was better in the opinion of Aubry, yet he noted that it didn't guarantee participation from the legislature.
Additionally, he questioned the number of prison beds that would be eliminated, as the number had risen from 3,500 to 3,700. Aubry wondered out loud how that increase had happened and what savings would be realized.

Here are some of the highlights from the Committee's final report:

-Partial restorations of various General Fund aid to localities' criminal justice programs.
- Office for Prevention of Domestic Violence, Office of Victim Services and the State Commission of Correction 10% reduction restoration - Reject merger with Division of Criminal Justice Services.
- Technical changes and residency requirements for the District Attorney and the Indigent Legal Service Attoreny Loan Forgiveness.
- Deny transfer (for two years) of $1.5 million from Public Safety Communications Account to the Emergency Services Revolving Loan Fund.
- Modify money available for County Public Safety Answering Points from $9.3 million to $18 million - Additional $9 million to be used for operations and consolidations in fiscal year 2012-13.
- Reject $1.5 million increase in operating funds for the Office of Indigent Legal Defense Services.

New Yorkers on an On-Time Budget and the Players

With the budget deadline looming two-thirds of voters polled by the Siena Research Institute say they would prefer an on-time budget or budget extenders than a budget shutdown.
“Voters think an on-time budget is important by a nine-to-one margin," added Siena College pollster Steven Greenberg. “If the budget deadline passes and the Governor sends the Legislature an emergency appropriation bill that not only keeps government running but also includes his entire proposed budget, voters strongly urge the Legislature to pass that budget and not let state government shut down."
This sign of strong support for the governor's agenda comes at a time while he is still extremely popular, even though his favorable ratings have dropped since the last Siena poll in February. Cuomo has a postive rating from 69 percent of voters polled and has negative rating of only 20 percent. These numbers represent a 8 percentage point drop in favortability and a three percentage point increase in his negative perception. At the same time his job performance review has dropped six points to 51 percent of New Yorkers feeling he is doing an excellent or good job.“While Cuomo has fallen below 70 percent, more than two-thirds of voters still view him favorably, including two-thirds of Republicans and more than half of conservatives,” said Greenberg.
The view of the governor is in sharp contrast to the Senate's negative rating, which is at 60 percent, and the Assembly's negative rating, which is at 56 percent. Senate Majority Leader Dean Skelos, R-Rockville Centre, recently addressed the unfavorable perception of the legislature by nothing that each member is popular in their district. These ratings most likely have to do with the budget process, as a majority of voters view the legislature's performance as fair or poor.
“Who do voters most trust to do the right thing for New York in crafting a responsible state budget? It’s not even close, with 72 percent saying they trust Cuomo, and Skelos and Silver both getting single digits,” Greenberg said. “In fact both legislative leaders have less support than ‘none of the above.’
One possible explanation for Cuomo's popularity could be due to the fact that he is viewed as a moderate by 60 percent of voters. It's because of this perception that the governor is in the middle of the road New Yorkers are twice as likely to blame the Senate or the Assembly for a late budget compared to Cuomo.

Cuomo Questioned on Budget

After the great fanfare surrounding the unveiling of the budget on Sunday passed, Gov. Andrew Cuomo took some questions about the budget and elaborated on its specifics, which are being announced on Monday.
The governor announced that the living wage for homecare workers is in the budget, and said that a medical malpractice cap had been left out because of a disagreement about its net effect.
Following an inquiry about the role of the Legislature in the governor's Regional Economic Development Councils, which had had been a major point of contention, Cuomo revealed that there will be no formal role for the Legislature. He did suggest that legislators will be used for their regional expertise on the implementation of certain projects. Of important note, though, Cuomo said the $130 million funding the councils would not be moved from Legislature, but would be found in other parts of the budget. At a previous press conference, the governor had said that taking the funding from the Legislature had been a major hold up.
On the related issue of money for areas impacted for prison closures, Cuomo said it was included in the budget.
In response to a question about timetable for his prison closing plan, Cuomo said it would take about 60 days, with the one-year notice requirement eliminated. He added the same schedule would be in place for the Juvenile Justice Facilities.
Cuomo noted that there will still be details for the Conference COmmittees to handle on Monday when they meet, which turned out to be true throughout Monday, as subcommittees left certain details for the larger body. He did contend that there are no areas of contention left to “blow up” the deal and argued that “this is an actual agreement”.
Cuomo said he expects bills to be sent up on Tuesday.
(Reporting by Tim Atkins of StateWatch)

Skelos on the Budget

Senator Dean Skelos had this to statement about the state's three-way budget agreement:

"This budget agreement keeps our Senate Republican commitment to reduce spending, cut taxes and empower the private sector to create jobs, and will begin to put New York on the path to fiscal recovery. By working together to reach consensus on a responsible spending plan that eliminates a $10 billion deficit without raising taxes, we have tightened our belt and protected middle-class families in every region of this State. I am particularly pleased with Governor Cuomo's commitment to making UB2020 a reality, which will bring jobs and hope to Western New York, as well as improvements to the other university centers, which are important priorities of our Senate Republican conference. Today's developments ensure we are moving full speed ahead to an on-time budget."

Nothing in here about the governor's win on the regional economic development councils or the prison closures.