"I'm talking about a glass of beer."

It will be easier to watch a movie and drink a beer if Republican Senator Carl Marcellino gets his way.
Marcellino has a proposal (SB 4722) that makes it easier for restaurants that show movies to sell beer. Unfortunately these theaters need an entire menu, so the Nachos and candy at Regal Cinemas wouldn't count.
Sure it's not ideal, but incremental change is sometimes the way to go when your dream is watch the third batman movie in 2012 with blue moon.
At the 48 second mark, John Travolta describes the wonder of ordering a glass of beer at the movie theater in Europe.

Senate Pushes on the Gas

A proposed Gas Tax Holiday will be considered by the Senate Investigations & Government Operations Committee on Tuesday.
The legislation comes at a time as regular gas exceeds $4 per gallon in the capital region and suggests 33 cents of state taxes per gallon during the busy four-day Memorial Day, Independence Day and Labor Day holiday weekends.
The senate proposal (SB 4800) was introduced by Senator Greg Ball on Thursday and almost immediately received a committee assignment, which indicates that it will likely be fast tracked through the chamber. This is likely to be contrasted by the soon-to-be introduced version from Assemblyman Jim Tedisco, whose bill will probably never even come up for a committee vote.
The bill's memorandum makes a strangely emotional plea for its enactment:

New York prides itself on the colorful diversity of vacation spots throughout the state. Whether it's camping in the Adirondacks, going to the Saratoga Race Track, hitting the beaches in Coney Island, seeing a show on Broadway or touring the grape growing regions of central and western New York, as a state we have so much to offer.

It will be interesting to see if the practice of "speculation" is ever addressed in this debate in the New York State Legislature, since that is the real culprit for our artificially high gas prices. The practice of speculation receives a passing reference in the bill memo, but it is immediately disregarded as immaterial.

Handicap Spots Snow Free

Senator Jack Martins, R-Mineola, has introduced a bill (SB 4516) that would increase the penalty for dumping snow onto a handicapped parking spot.
His memorandum on this issue notes that during the 2010-2011 winter, many handicapped parking spaces became unavailable as the result of accumulating snow. He notes that local agencies issued numerous tickets to offenders that put snow onto these restricted areas, but suggests that the maximum fine of $50 for a first time offense is not a deterrent.
Under Martins law, if you "knowingly" put snow into a handicapped spot you will be subject to a $150 fine for a first offense and a fine no greater than $300 for a second offense. He does allow for for local or municipal governments to establish higher fines, but they can't exceed $250 for the first offense and $500 for the second offense.
As of Friday, there was not a companion to this proposal.

Senate Proposes to Spread Service Fee

The New York Senate is poised to address a proposal on Monday that would ease the burden of custodial parents by spreading the burden of service fees between custodial and nocustodial parents.
The bill (SB 816) from Republican Senator Ken LaValle argues that the $25 fee imposed on child support payments represents a significant burden in these economic times, so it is only fair to share the cost. His memorandum suggests that this change would be especially meaningful for single parents across the state that rely on child support payments to live.
One concern raised by Democratic Senator Liz Krueger during the committee process was that this proposal represents an unfunded mandate on local municipalities, who would now have to secure fees from two people instead of one. Counsel for the majority said that this change would actually make the collection process easier, because fees are already collected from both parents.
This bill has an Assembly companion and has been proposed in both chambers in the past, but to no avail. After being unanimously passed in committee, LaValle's bill will likely fly through the Senate, especially since Republicans are unlikely to schedule a vote they could lose.

Low-Sulfur Oil Under Attack by Senate GOP

The implementation of low-sulfur oil for home heating in New York could be delayed and weakened, as the Republican Majority in the Senate is again trying to push back the July 2012 schedule to 2014.
While in the minority, Senate Republicans voted against this initial proposal in 2010, but lost out. A month ago, as the majority, they added this proposal to their version of the budget. But after three-way negotiations and some outcry from environmental and health groups, it was not included in the final package.
Now, being sponsored by the party's #2 guy, Tom Libous, the Senate Republicans are again pushing for a delay until the summer of 2014. Not only would it delay the stricter sulfur standards, it would also relax them by over thirty times, as the maximum allowable sulfur content would go from 15 parts per million to 500 parts per million.
The memo from Libous argues that the current deadline would lead to higher prices, which has been routinely refuted by proponents of the deadline, which includes oil suppliers, like Oil Heat Manufacturers of Central & Eastern NY and the New York Oil Heating Association. “Savings would quickly outweigh the short term jump in price,” said Michael Seilback, the vice president of public policy for the American Lung Association in New York (in March), “and that’s exclusive of the health care savings.”
Additionally, the memo contends that implementation would be costly and not time sensitive, which was flatly rejected by the bill memo that created the low-sulfur guidelines.

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.

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.

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.)

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.”

Onion for State Vegetable

The onion is poised to become the official state vegetable if a proposal (SB 4295) from Independent Democratic Senator David Carlucci becomes law.
His bill argues that onions are "one of the most important vegetable crops in New York." It goes on to elaborate about the principle type of onion, notes the preferred soil and mentions the high costs of producing onions compared to other vegetables.
This bill currently doesn't have a companion in the Assembly, but if it does, hopefully its bill memo won't be littered with as many spelling mistakes (keeps spelling "aye" instead of "are" and writes "muck" instead of "much"). It is enough to make a person cry, or maybe that's the state's new vegetable...
(Editor's Note: All spelling mistakes were noticed on Monday and hopefully have been fixed)

Closed Legislature

There are currently firsthand accounts that the Assembly has locked its chamber doors because of protests in the Capitol. Additionally, the Senate Committee on Banks held an unannounced meeting this morning.
Looking into the legality and reality of both accounts...

(UPDATE)Press person for Senator Joe Griffo, Chair of Banks, confirmed that the meeting was moved up to 9:30 a.m. to accommodate the 10 a.m. session. Said he would look into when it was announced.
On the Assembly side, they have locked the doors and said they're setting up television(s) on the third floor for people to watch the session on.

(UPDATE 2) Below is a screen shot that shows that the Senate Banking change was never announced. Additionally, the press person for Griffo said that staff was alerted about the change last night and did not make any mention of telling the public.

Flavored Malt Beverages Under Attack

The attack on alcoholic drinks young people like continues in the New York Senate, as a proposal (SB 4221) from Sen. Jeff Klein to limit the sale of flavored malt beverages to liquor stores was introduced on Wednesday. This change in venue is allegedly predicated on the fact that flavored malt beverages (FMBs) are “marketed” to and primarily used by people between the ages of 14 to 25.
The bill’s memo suggests that shifting FMBs out of grocery and convenience stores will limit the underage people that purchase them, on the basis that you can only enter a liquor store if you’re 21.
Klein also argues that this proposal could be a revenue raiser for the state, as FMBs currently qualify as beer and thus have a lower excise tax rate than the higher rate for liquor.
The bill would apply to any beverages with a combination of 6 percent alcohol by volume and one percent sugar that also include fruit flavor additives. It would be implemented 180 days after it shall become law so that convenience and grocery stores can liquidate their supplies.

New Count for NYC Please

The release of last week's census data for New York City has some officials from the area calling foul about what they consider under reporting of growth from 2000 to 2010. State Senator Malcolm Smith, D-Queens, joined that chorus on Sunday with a statement in favor of a new count.
"I support Senator Schumer's request for an investigation into the U.S. Census count and I will support Mayor Bloomberg's lawsuit against the U.S. Census if he chooses to file one," said Smith.
"For the U.S. Census numbers to suggest that the Borough has only seen a .1 percent population increase over the last decade is nothing short of ridiculous, and an insult to the thousands of people who have relocated to Queens and made it their home."
He noted that Queens is the 10th most populated county in the entire nation and characterized it as an area of growth over the last ten years.
Below is a video of State Senator Mike Gianaris, D-Queens, calling for a recount with other legislative leaders from the city.

Ball Blasts NY Dream Act

In response to a proposal in the state legislature that would resurrect most of the provisions of the failed federal Dream Act, Republican Senator Greg Ball has characterized it as a major victory for terrorists.
Ball, who is Chairman of the Senate Homeland Security, Veterans and Military Affairs Committee, issued a statement on Thursday where he laid out the alleged security risks of the bill (SB 4179), which he labled as “a national security nightmare that should formally be renamed the ‘Terrorist Empowerment Act’.”
He argues that some requirements placed on DMV employees as the result of this bill would make it necessary for them to become experts at verifying every national identity card or voter card in the world.
Seizing on the driver's license portion of the proposal, which was a major controversy for former Gov. Elliot Spitzer, Ball said it would provide illegal identity documents to potential terrorists. "This is not about immigration; this is about security," he said.
Ball explained how the 19 terrorists responsible for 9/11 used over 300 fake IDs that were made with driver’s licenses and other documents.
In his statement, Ball did not address issues of financial aid, employment opportunities and health insurance coverage that are offered as incentives in the bill. Additionally, on Capital Tonight, Democratic Senator Dan Squadron laughed off Ball's rhetoric about the bill. All of this is probably a moot point, though, because the Dream Act will go nowhere in the Republican controlled Senate.

Fed Govt's Nightmare is New York's Dream

A version of the federal government's controversial Dream Act was introduced (SB 4179) on Tuesday into the New York Senate by Democrat Bill Perkins.
The bill provide illegal aliens who entered the country before the age of 16, and have demonstrated a commitment to education public service and strong morals, to have access to financial aid, employment opportunities and health insurance coverage.
There are currently no co-sponsors for this bill, which was very controversial in the federal government and is unlikely to gain any traction in the Republican controlled Senate. No previous version of this proposal exists in the state legislature during the last two year. This proposal is now in the Senate Finance Committee.

Empire State Tries to Go Hollywood

A tax credit from Sen. Kemp Hannon, R-Garden City, has been proposed to help writers secure jobs on television shows and movies. On Wednesday he introduced a bill (SB 4199) that would amend the Empire State Film Production Credit to include writer salaries.
His bill's memo argues that productions are already drawn to the state, where they take advantage of a 30 percent tax credit on qualifying production costs. Unfortunately for New York writers, this credit hasn't generated many opportunities for them. This fact was demonstrated by the fact that in 2008 there were 15 major television productions in the state, which employed a total of 122 writers, but only 24 of them were from New York.
The inclusion of writers into the Empire State Film Credit would bring New York into competition with states like Connecticut and Michigan that allow writers to qualify.
The proposal from Hannon would either be capped at $50,000 per writer on the amount of the credit that may be claimed or lifted entirely by the hiring of a minority or woman writer when more than three writers are hired.

Low Probability of Low-Sulfur Delay

(The following is based on an internal memorandum secured by the New York Times)
Low sulfur-oil for heating appears likely to be implemented on time in July 2012, as the Senate may drop their support of a delay until 2014. A decision to end their opposition would most likely stem from the revelation that the switch has no fiscal impact.
Originally, the Senate’s position revolved around their argument that the transition would be costly, with Republicans opposing the initial bill when they were in the minority. Supposedly, the Republican Majority may drop their proposed delay as industry officials have indicated that they already have invested in distribution infrastructure to accommodate a smooth transition within the current deadline.
This logic seems questionable, as oil industry and environmental groups repeatedly highlighted the low costs in switching, but the argument appeared to fall on deaf ears during its inception.
The Assembly’s position has not been formally announced, but it is now clear that the Gov. Andrew Cuomo’s administration is opposed to the delay. The delayed implementation was originally proposed by the governor’s Mandate Relief Team, although it wasn’t included in the executive budget.

Bullet Control from Sen. Smith

In the vein of a joke from Chris Rock, Democratic Sen. Malcolm Smith has proposed (SB 4152) a form of bullet control, which would require customers to complete an application form.
His proposed law would require people buying bullets provide their names, date of birth and address. Additionally, they would be required to note the caliber, make, model and serial number on the gun that they are purchasing bullets for.
This bill, according to its memo, is a product of the gun violence in our society. Theoretically this bill would stop those who possess illegal, unlicensed and unregistered firearms from buying bullets.
This proposal has never been popular in the New York Legislature, having not received a vote in the last 4 years and Smith's version lacking an Assembly companion. Luckily, Chris Rock's jokes live on forever.

Zeldin Wants the Real Deal

At 11:30 a.m. the Senate Consumer Protection Committee is set to consider a bill (SB 4074) from Republican Senator Lee Zeldin that would attempt to curtail the fake electrical products market.
His bill would ensure that merchants selling defective electrical products sold with fraudulent labeling will receive training to help them distinguish labeling, with the the treat of "stiff" fines if the mistake is repeated.
The new bill comes in the wake of fires have been attributed to extension cords that with fraudulent labels. This law would not only increase the penalties for selling those cords, and other fraudulent electronics, but it would also provide training to prevent further incidents.
This proposal has previously maneuvered through the Senate, but it has not been very popular in the Assembly, where it again exists (AB 672) and has sat for two months.

Senate's Plate

The state Senate is scheduled to address three health issues during its session this afternoon. Their active list includes bills to ban the sale of salvia divinorum, make it a misdemeanor to sell or own embalming fluid for personal use and give permission to health care professionals licensed in other jurisdictions to work at the at the Ironman triathlon to be held this July in Lake Placid.
According to the memo (AB 1635) on the health care exception bill, the need for this legislation stems from the competitions inability to adequately staff its massage tents.
This bill has (obviously) already passed the Assembly, and will definitely get approved by the Senate, as it represents a proposal that is basically allowed every year.
The back story on the embalming fluid bill (SB 657) is equally strange, but also very sad, as its memo tells the story of a tragic accident that was caused by a driver smoking a cigarette dipped in embalming fluid laced with PCP.
The bill's memo notes how health care officials have seen an increase of drugs being mixed with embalming fluid, as Syracuse area hospitals are now prepared to handle twice as many incidents as they were last year.
This proposal has been around in the past, having passed the Senate last year, and while it is also in the Assembly, the proposal has never moved at all there.
The big attraction, though, is what really should be described as the Anti-Miley Cyrus bill (SB 1833), as the young singer has a notorious video of her taking a bong hit of salvia divinorum.
This bill raised one serious question in a Senate Consumer Protection committee meeting from Sen. Eric Adams, who asked what Salvia is. Counsel for the committee enlightened him (and basically everyone else) by saying, "It is an herb similar to LSD."
To be more specific, though, we can turn to the bill's memo, which notes that Salvia is part of the mint family from Mexico and can be smoked to produce a state of intoxication. Supposedly the high is more powerful than LSD.
Currently, salvia is legally sold in stores, as very few regulations exist of the product.
Going forward it will likely pass the Senate, which has approved this measure in the past. The stumbling block is likely to be the Assembly, where this proposal has never gotten any traction.
There will also be a Senate Insurance Committee meeting on Monday, but for the most part it looks like a light day.
We'll leave you with a brief youtube clip of Miley Cyrus smoking salvia. Enjoy