We Want Names!

The Empire Center for New York State Policy has announced their continued effort to gain access to names of more than 44,000 retired police officers collecting benefits from the New York City Police Pension Fund.
In response to a recent court ruling that would block the public release of those names, the Empire Center is appealing the decision.
“The names of public employees and retirees have always been regarded as public information under New York’s FOI law,” noted Tim Hoefer, director of the Albany-based Empire Center. “Because taxpayers foot the bill for the salaries of government workers and retirees, they have a right to know who they are and how much they are paid, just like any private company’s board of directors know who their employees are and how much they are paid. Access to this data also provides a means for scrutinizing spending on a case by case basis, adding a level of accountability previously unknown in government spending.”
The data was initially requested by Hoefer a year ago, but was denied on the basis that the Police Pension Fund was only required to release a list of individual pension amounts. This interpretation allowed them to withhold the names of the pension recipients, which prompted the Empire Center to file a legal challenge to this reasoning.
The challenge was rejected, with the courts originally siding with the Police Pension Fund, saying it could provide pension amounts while withholding the names of pension recipients. The Empire Center, represented by attorney David A. Schulz of Manhattan, has appealed the decision to the Appellate Division of the state Supreme Court.
Pending a decision on the appeal, the Empire Center today posted a complete database of retirement allowances for 44,370 retired New York City police officers, minus the names withheld by the pension fund.
This is the Empire Center's interpretation of that data:

The data show the average pension of New York City police officers who retired in 2009 was $58,563, up 19 percent from the $49,066 average pension of officers retired in 2000. The amounts do not include an additional $12,000 “variable supplement” payment collected by retirees with regular service (non-disability) benefits. Mayor Michael Bloomberg has proposed the elimination of this supplement, also known as the “Christmas bonus” because it is paid in December.

McCaughey at CPPAC

Introduced as someone who has read the Obama health care legislation from “cover to cover,” former Lieutenant Governor Betsy McCaughey spoke Monday at the Conservative Party’s Political Action Conference about the dangers in health care today.
“We are in the fight of our lifetime,” said McCaughey.
In remarks that were very well received by the crowd at the Holliday Inn on Wolf Road in Colonie, McCaughey stressed the threat to freedom, values and our way of life that exists because of “Obamacare.”
She argued that the legislation shifts money, about half a billion dollars, away from Medicare and into Medicaid. The older crowd responded audibly to this point, as McCaughey highlighted how the changes would ruin the quality of life for senior citizens. She cautiously walked way back from the death panels she was scaring people about in 2009, to the point where she never actually mentioned them.
Now that “Obamacare” has been passed, McCaughey said the next frontier is in the court systems, with 26 states challenging the legislation’s constitutionality, and in the U.S. House of Representatives, which will try to remove funds from this measure. “We’re going to starve the beast,” she said.
McCaughey’s message then moved into other fiscal issues and what she described as a bloated federal budget, including the money spent on foreign aid. This perpetual enemy of conservatives was again used as a punching bag, as she noted that aid will increase 50 percent over the next five years. “We need it right here at home,” said McCaughey.
In New York State the big fiscal message was the repeal of the state’s corporate tax in the upper 50 counties. McCaughey said this proposal would attract businesses, which would increase revenue through personal income and sales taxes.
The big news for the future, though, was when McCaughey asked if she would run against U.S. Sen. Kirsten Gillibrand in 2012, when she runs for her first full term.
McCaughey, who seemed happy to be asked the question, said, “I would consider it.”
(A version of this article appeared online in the Daily Gazette at http://www.dailygazette.com/news/2011/jan/31/0131_health/)

Senate Tax Cap Supported by Unshackle Upstate

The New York State Senate introduced a tax cap bill on Saturday (which they back dated for Friday so they could pass it on Monday) at the behest of Gov. Andrew Cuomo.
While many fiscally conservative groups have come out in support of this idea, UnShackle Upstate is the first organization to endorse the actual proposal.
The group implores New Yorkers to encourage their state senator to vote for the bill, which they characterized as a "loud and clear response" to the state's heavy tax burden.
As evidence of the proposal's merit the group lists a series of points in its favor:

- 48 states have some form of limits on property taxes
- Our neighbor Massachusetts demonstrates Property Tax Cap success:
- Property tax burden has dropped from #3 to #33 in the nation
- State funding for local schools has stayed strong -- #5 to 7 in the nation
- Student achievement among the highest in the nation
- Funding less stable in lower-income cities without diverse tax bases

Taxman gets 21st Century

As a consequence of New York's desire to pinch pennies the Tax Department is encouraging citizens to embrace the technological era we live in and file their taxes electronically.
(In a release littered in typos) the department estimates that if every eligible taxpayer, which is about 10 million people, filed electronically it would save approximately $20 million in processing costs each year.
According to a source in the department, those processing costs go to Bank of America, who essentially turn paper filings into electronic copies. He said the department is trying to reduce their reliance on this outside contractor and hopefully get the number of paper filers low enough that the state could process all the paper filings.
People who file electronically must use specific computer software (think TurboTax) in order for the IRS or the state to process the form.
This practice is a growing trend in New York, with paper forms declining nearly 10 percent last year. The department hopes to match that figure.
The release cites numerous personal benefits for people who e-file:
1. No trip to the post office (but you will have to go to a store and buy the tax software).
2. Your return will be accurate and will be processed faster, which means you could get your refund faster (or a quicker notice concerning owed taxes).
3. Your information is protected (because no one has ever cracked the internet).
Ok, so I may seem down on electronic filing, but I'm actually just down on this release from the Tax Department. They simply should have said: THE STATE HAS NO MONEY AND WE CAN SAVE MONEY IF YOU USE YOUR COMPUTER! DO IT OR WE'LL RAISE YOUR TAXES!
It works because it's reasonable and fear mongering.
Now enjoy this Beatles cartoon that ends in them singing George Harrison's TAXMAN...

The Fun in Unfunded Mandates

In the wake of a bill introduced by Senate Majority Leader Dean Skelos, R-Rockville Centre, earlier today, a related bill has been introduced that seems to be its partner in crime.
Senate Bill 2707 has been introduced by Stephen Saland, and it would essentially require the state to pick up the tab for any mandates on local municipalities and school districts. (GOD I NEED BILL MEMOS! This stuff is indecipherable without them!)
The intent of the bill is to prevent "irresponsible state actions" that take away the control from local municipalities.
The bill would basically prevent any unfunded mandates that create an additional cost for a municipality or school district.
It is likely that this bill will be passed on Monday, as it seems to go hand in hand with SB 2706. There are currently no companion bills in the Assembly for either bills, and it is doubtful that Speaker Sheldon Silver would ever let these bills pass, let alone come up for a vote in his chamber.
It should make for great theater though...

School Tax Cap Introduced:Updated

On Saturday the Senate introduced a bill (SB 2706) from Senate Majority Leader Dean Skelos, R-Rockville, which establishes limitations upon school district and local government tax levies.
According to the bill's text, it was introduced at the behest of the Gov. Andrew Cuomo, and it likely represents his opening gambit before he unveils his budget on Tuesday. While it hasn't been scheduled for a committee meeting yet, the bill was back dated for Friday so it will have aged enough to pass on Monday.
The bill seems to exempt New York City from these restrictions on tax levies, but the rest of the language is jargon that goes way above my head.
I have deciphered the fact that a local government can exceed the tax levy with a 2/3 majority vote of that local government body.
There are other exceptions in the bill, like when two organizations consolidate.
For the entire bill language go to the Assembly Public Info site and input the bill "s2706". If anyone has added insight into this legislation, leave a comment or shoot me a tweet @poozer87.
A teacher in Western New York had this comment: "all they will do with this tax cap is make small school districts and town government go bankrupt so that they can force them to consolidate."

Restrooms for the Public!

Tired of stores refusing to offer access to their restrooms? Well in the New York envisioned by Assemblyman Steven Englebright (and the parents of small children everywhere), businesses would not be allowed to deny the public access to the restroom designated for paying customers only.
Englebright has reintroduced (AB 3768), an old failure from the past that has never had a senate companion or advanced out of the Economic Development Committee.
What's really interesting about the proposal is that the memorandum for the bill doesn't lay out a justification. That section on the memo just lays out the summary of provisions, probably because the justification would simply revolve around the needs of small children and senior citizens.
If businesses choose to not comply with this provision (if somehow it became law), they would have to pay $500 per denial.
And who says New York is hostile to businesses? Oh yeah, anyone who knows about Assemblyman Englebright.

DaNews from DiNapoli

Am I the only one who thinks it is a little sad that Comptroller Tom DiNapoli essentially puts out his own newsletter? It's sort of like how Assembly Minority Leader Brian Kolb has a weekly address, except DiNapoli always seems to be touting a minor accomplishment or warning of impending economic doom. At least Kolb keeps it simple with his party's talking points.
One of the interesting highlights is the revelation that state tax collections still lag behind payouts for certain programs, which has resulted in a reliance on delayed payouts for programs like STAR.
On a different note, it appears that the state paid nearly $239,000 for health insurance benefits for deceased or ineligible retirees. ABout half that money has since been recovered.
And finally, if you're not sitting down you might want to, because DiNapoli is now releasing Weekly State General Fund Cash Watch Numbers!!!
“Taxpayers should know what’s going on with the state’s finances,” DiNapoli said. “Every week we’ll post the cash watch on the State Comptroller’s website.”
He said that people are focused on next year's budget gap, but are ignoring the challenges in the present fiscal year, which ends on March 31. "In the next three months, the state is facing a General Fund budget gap of well more than $1 billion. If no action is taken, the General Fund cash situation could become very precarious and next year’s budget gap could reach $11 billion. We have to monitor this situation very carefully," said DiNapoli.

For Week Ended January 7, 2011*
General Fund Balance on 1/1/11:
$3.142 billion
Receipts & Transfers from Other Funds:
$25.93 million**
Disbursements & Transfer to Other Funds:
($1.18 billion)
General Fund Cash Balance 1/7/11:
$1.986 billion

The State Comptroller’s office processes approximately 232,000 state payments daily. In State Fiscal Year 2009-10, it processed more than 76 million payments totaling approximately $107 billion.

*This information is a summary of weekly activity recorded in the state’s accounting system and does not include post-closing adjustments, which will be reflected in the Comptroller’s monthly Cash Report.

**General Fund receipts are reduced by $2.4 billion to reflect the deposit of personal income tax receipts into the State Special Revenue Fund to finance School Tax Relief Fund (STAR) payments to schools that were made on Jan. 3, 2011, which were delayed from December.

Sampson's Whimper

In a response to Senate Majority Leader Dean Skelos', R-Rockville Centre, victory lap on Thursday, Senate Minority Leader John Sampson has reiterated his cry baby posture.
Characterizing the potential rules changes as a brazen power grab, Sampson scoffed at the idea that Skelos was promoting an era of bipartisanship. Skelos had argued that because he had elevated three minority members to committee chair posts, which is more than ever in the past, he was essentially extending a meaningful olive branch.
"True bipartisanship is not about responding to the pleas of politicians for committee chairs," said Sampson.
His more weighty allegation was that the Republicans were introducing a constitutional crises by removing power from the Lt. Governor's position, just because it is currently held by a Democrat.
He said, "It is political pandering at its worst, and something Republicans never would have attempted were the Lt. Governor a member of their party.  Threatening the integrity of our State Constitution, which has protected New Yorkers for over 200 years, is politics at its lowest form.  There must be a better way."
The rules reform are likely to pass the Rules Committee on Monday, when all the Republicans members will be present. They will then probably pass the Senate with all of the Republicans voting in favor and possibly some of the Independent Dems who were awarded committee chairs.

Majority RULES in the NYS Senate

Senate Majority Leader Dean Skelos, R-Rockville Centre, released a letter today for Minority Leader John Sampson, which basically tells his Democratic colleague, "Tough."
The disagreement stems from an attempt on Tuesday by the Senate Republicans to pass a series of rules changes, which would have the impact of lessening the authority of the lieutenant governor and would ease some term limit restrictions. The changes stalled (temporarily) in the rules committee on Tuesday, when one Republican on the committee was missing from the 85 minute meeting. Because Republicans couldn't muster 13 votes, the proposal ended up being pulled by the chair.
Now, though, Skelos has said that the rules changes will happen in the upcoming week, as they advance out of committee and to the floor. "I expect that these rules will also pass the Senate with bipartisan support," he said.
In addition to accusing Democrats of delaying the senate from acting on critical issues, like the looming budget deficit, Skelos argued that he was actually being more conciliatory than his immediate predecessor. Specifically, he cited the assignment of committee chairs as evidence of his bipartisan approach.
"I have selected three Democrats to serve as committee chairs, which is more members of the minority party than any Majority Leader has ever chosen to head up Senate Standing committees," said Skelos.
The rules meeting has not been scheduled yet, which is in keeping with the impromptu nature of these meetings.

Malfeasance for Malfeasance's Sake

In order to prevent a future economic crises like the one New York is currently engaged in, Assemblyman Jim Tedisco, R-Glenville, has introduced the O.U.T. of Debt Act.
The legislation would require the Comptroller to be immediately notified of any over-expenditure of taxpayer monies and that all leftover funds are allocated to the general fund to pay down debt
“For New York’s government it should be O.U.T. with end of the year spending binges. Too many agencies attempt to empty their coffers at the end of the year to justify their budgets. This is when deficits build up,” said Tedisco.
“Oftentimes, a state agency will have a small amount of money left over at the end of the year and unilaterally go on a last minute spending binge. Pretty soon this impulse spending adds up to big dollars."
One recent offender, according to Tedisco, was the senate democrats, who overspent on their staff by $10 million. He also cited $1.2 million in so-called “discretionary” raises at the end of the year that were handed out by SUNY honchos.
“This bill won’t erase New York’s $10 billion deficit on its own, but it will provide the kind of spending transparency the state needs to get out of debt and save taxpayers from getting fleeced by end of the year spending sprees,” said Tedisco.

Sneak Peak from State of the Union

President Barack Obama has released some of his remarks for his State of the Union address. He says the way forward is through bipartisan efforts, because we have to, considering how hard the challenges ahead are.
Here is the rest of his prepared remarks that been leaked:

At stake right now is not who wins the next election – after all, we just had an election. At stake is whether new jobs and industries take root in this country, or somewhere else. It’s whether the hard work and industry of our people is rewarded. It’s whether we sustain the leadership that has made America not just a place on a map, but a light to the world. We are poised for progress. Two years after the worst recession most of us have ever known, the stock market has come roaring back. Corporate profits are up. The economy is growing again.

But we have never measured progress by these yardsticks alone. We measure progress by the success of our people. By the jobs they can find and the quality of life those jobs offer. By the prospects of a small business owner who dreams of turning a good idea into a thriving enterprise. By the opportunities for a better life that we pass on to our children. That’s the project the American people want us to work on. Together.

Half a century ago, when the Soviets beat us into space with the launch of a satellite called Sputnik¸ we had no idea how we’d beat them to the moon. The science wasn’t there yet. NASA didn’t even exist.

But after investing in better research and education, we didn’t just surpass the Soviets; we unleashed a wave of innovation that created new industries and millions of new jobs.

This is our generation’s Sputnik moment.

I'm guessing that he will also say, "The State of our Union is Strong, but it got a little weaker with the passing of Jack Lalanne."