Monday, March 21, 2011

Lancman Tries to FOIL NY Secrecy

In the aftermath of the state Legislature applauding itself for strides in transparency during Sunshine Week, a meaningful change to the state's FOIL procedures from Democratic Assemblyman Rory Lancman languishes in the committee process.
Lancman's proposal (AB 5161) is aimed at rectifying the current appeals process for instances of denied access to public records. His bill argues that the current appeals method dissuades people from submitting legitimate claims, which is why he wants to allow the state's attorney general to review the appeals.
If enacted, citizens could appeal a denied request within 30 days to the AG's office, which would have 20 days to determine whether the appeal is worthwhile. If the appealed is deemed without merit, then the citizen can avail himself of his right to a day in court.
This proposal was previously introduced by Assemblyman Dick Brodsky, but it never advanced.

School Administrator Salary Cap Dies

A proposal to cap the pay of school administrators has officially died in the state Senate, as it was relegated last week to the back burner so that the legislature can focus on a salary cap on school superintendents.
Introduced by Republican Charles Fuschillo shortly before he introduced Gov. Andrew Cuomo's plan to limit pay for school superintendents, the cap (SB 3624) had its enacting clause stricken last week and is basically dead.
A spokesman for Fuschillo said the decision to kill the senator's bill was prompted by the Assembly's introduction of a salary cap for superintendents. With this cap now in both houses, he argued that it was more realistic, so they wanted to focus on the likely possibility. The spokesman added that superintendent cap is from Cuomo, while failing to point out that the cap on administrators had been talked about by the governor, but never formally introduced.
It will be interesting to see if this proposal is addressed after the budget process is completed or whether it will be included in the governor's final budget.

Farley Lends Support to Libraries

With New York's libraries facing a 10 percent reduction in funding based on Gov. Andrew Cuomo's budget proposal, Senator Hugh Farley, R-Niskayuna, has introduced a measure on Friday that would make them eligible for other streams of funding.
His proposed legislation (SB 4100) would allow libraries to compete for Employment preparation Education funds for their pre-GED and other adult literacy services. This would provide libraries access to a $96 million fund that is currently only available to schools and BOCES, even though the state's public libraries provide many of the same educational services like computer and internet skills, job readiness workshops and financial literacy classes.
This bill is likely welcomed by the New York Library Association, as executive director Michael J. Borges implored the legislature to include this measure when he testified before the Joint Legislative Budget Committee on February 15. He characterized this change in law as one of fairness and equity, especially why the state's libraries see their funding drop below 1994 levels.
Initially, the governor proposed a budget of $76 million for the state's public libraries, which would be a reduction of about $8 million. Of that cut, $4.2 million was added back as additional aid by the Senate, but not the Assembly. The proposed budgets do include $14 million for public library capital projects.
New York has 23 public library systems, which support over 1000 public libraries, and there are also nine Reference and Research Library Resources Systems, which support 41 school library systems. are state-funded regional systems that provide support to not only the 23 public library systems. Additionally, there are over 900 academic, hospital, law, business, large public, and special libraries.

Sunday, March 20, 2011

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

Friday, March 18, 2011

Cuomo to the People on the Budget

This is the contents of a message that Gov. Andrew Cuomo submitted to people who subscribe to his news updates:
On February 1, Governor Cuomo submitted a budget proposal that will reform state government, reduce burdens on taxpayers, and reinvigorate our economy. This week, the Senate and the Assembly each put forward their own modifications to the budget, in accordance with state statute. Now, the process of reconciling the plans from the Governor and the two houses of the Legislature begins.

To facilitate that process, on Thursday the Governor held his first leaders meeting with the two Democratic and two Republican leaders of the Senate and the Assembly. Click here to see a video of the Governor speaking about their collaboration.

Over the next two weeks leading up to the budget deadline, Governor Cuomo will work diligently to negotiate a final budget proposal that delivers a more effective and efficient government for the people of New York State.

Remember to visit Governor Cuomo on Facebook, where you can post your thoughts and ideas about the budget and receive regular updates on the actions of the Governor.

Thursday, March 17, 2011

See March Madness? Say Something

New York City's, “IF YOU SEE SOMETHING, SAY SOMETHING" campaign is going national, as Secretary of Homeland Security Janet Napolitano joined NCAA President Mark Emmert on Thursday to announce a new partnership. They will be teaming up to advocate the “If You See Something, Say Something™” public awareness campaign to ensure safety and security during the NCAA March Madness college basketball tournament.
“Every citizen plays a critical role in identifying and reporting suspicious activities and threats,” said Secretary Napolitano. “Bringing the ‘If You See Something, Say Something™’ campaign to the NCAA’s championship games and tournaments will play a critical role in ensuring the safety of players, employees, students and fans.”
The partnership will include the men's and women's tournaments, with print and video materials that will be widely dispersed.
In the coming months, DHS will continue to expand the “If You See Something, Say Something” campaign nationally to help America’s business, communities and citizens remain vigilant and play an active role in keeping the country safe.
No word yet on how you can actually identify the symptoms of March Madness, but they most likely involve beer guts and or face paint.

Prison Closing Debate Breaks Out in Budget Committee

On Wednesday the Conference Subcommittee on Public Protection met to hash out two major issues under their purview, which included the Prison Closure Task Force. The result was in sharp contrast to most of the meetings on Wednesday, which could be characterized as boring and zzzzz....
Debate over the issue volleyed back and forth between Republican Senator Michael Nozzolio stressing the need to focus on the economic needs of areas losing prisons and Democratic Assemblyman Jeffrion Aubry expressing concerns about the functioning of the prison system.
"The system's ability to do services should be first priority," argued Aubry, who acknowledged the need to consider the economic impact of closing a prison. This was in sharp contrast to Nozzolio's focus, which was on the need for a direct assessment of unemployment for impacted areas.
Aubry went on to say acknowledge the savings in closing prisons, while Nozzolio, who as an upstater and a Republican relies on prisons, argued that savings could be found by eliminating duplicity of administration. He contended that prisons with nearby properties could share administrative staff and seemed to hope that these types of cuts could "forestall" actual prison closings.
Seizing upon the idea of transforming closed prisons, Aubry noted that Gov. Andrew Cuomo's proposed $100 million in capital grants to impacted areas could be useful in this area. He added his own misgivings about this funding, which he had previously voiced concerns about to outgoing SEDC leader Dennis Mullen at a budget hearing.
This meeting ultimately has an air of uselessness to it, as the Prison Closure Task Force hasn't even been named and really won't begin doing their work until after the budget is due. It's all part of budgetary maneuvering that is either admirable or despicable, depending on your point of view.
(Editor's Note: Reporting by the tireless workers of StateWatch)

Coalition Supports Delay in Regional Councils

On Wednesday afternoon, members of the Getting Our Money's Worth Coalition voiced mild support for the Senate's decision to withhold funding for Gov. Andrew Cuomo's Regional Councils.
Their support for the lack of funding in the Senate budget proposal stems from the hesitance to embrace the allocation of any economic development money without accountability and transparency, which they allege has been lacking in most state investments over recent decades.
This position was voiced by Matt Ryan, the executive director of NY Jobs with Justice, when he spoke at the public hearing on economic development and he reiterated that position on Wednesday.
"New York needs a coordinated, long-term strategy to create good jobs throughout the state," he said. "However, without more details on Governor Cuomo's proposed Regional Economic Development Councils, it's unclear whether Regional Councils would fulfill this vision, or become yet another economic development initiative that's riddled with abuse, waste, and fails to create the good jobs New Yorkers need."
Ryan went on to say that the legislature should try to expose and curb subsidy abuse by implementing the kinds of strict standards and accountability that should be applied to Cuomo's regional councils.
In terms of their shared vision with the Senate Republicans, coalition member and Coalition for Economic Justice Executive Director Allison Duwe acknowledged that they probably have different ideas on how the Regional Councils should be set up.
"We believe there is strong logic to support a hold on funding the [Regional Councils] until more details can be worked out with a broad range of community and labor stakeholders, not just business executives," she argued.
"Funding Regional Councils without doing the detail work to make sure they don't fail our communities the way the state's major economic development programs like IDAs and Empire Zones have for decades would be putting the cart before the horse."
You can find out more about the Getting Our Money's Worth Coalition here.

Wednesday, March 16, 2011

Chance of Marriage? Carlucci Edition

The passing of Republican Senator Tom Morahan made his district at play for a Democrat, which made it possible that a yes vote for same-sex marriage could emerge. With the win by Democrat (excuse me, Independent Democrat) David Carlucci in Novemeber, Morahan's no vote switched to the affirmative, as his seat is now being filled by a social progressive.
Carlucci, who was endorsed by the Empire State Pride Agenda, is the third new yes vote for same-sex marriage, joining Avella and Kennedy. If the rest of the Senate remained static, this means same-sex marriage would now have 27 votes in its favor and be only 5 away from becoming law.
Unfortunately for proponents of this future, we've already covered two yes votes that have become no votes with the victories of Zeldin and Grisanti, with one more new no vote to cover.
But there remains a handful of no votes that have since announced that they're influx, so definitely stay tuned, as we wait for a same-sex marriage to be introduced in either chamber.

Fake and Stolen Items for the Needy

On Tuesday the Senate advanced a proposal that would allow seized counterfeit goods to be distributed to the needy. The proposal (SB 3660), from Republican Sen. Joe Griffo, moved through Senate Codes and has been referred to the floor.
Griffo's bill would make sure confiscated items were safe and marked as imitations before being handed out to people living in poverty. Under current law, the items need to be destroyed.
During its committee meeting today, Codes Committee Chairman Saland said that it will be up to Police Departments to decide what items can be distributed. He added, when questioned by Sen. Perkins, that these items wouldn't be worth reselling and announced that the Retail Council supported the proposal's language.

Nanny State to ban Salt?

In an attempt to give New Yorkers more control of their sodium intake, state Senator Eric Adams has proposed (SB 3597) a ban on restaurants using salt in their cooking.
The bill argues that it is giving people a chance for a healthier lifestyle. Luckily, consumers would still have the option of adding salt at their table.
Citing a report from the World Health Organization, the bill notes that at least 75 percent of the sodium intake in the U.S. comes at restaurants. The bill also cites vague "studies" that have proven lowering the salt people eat could reduce cases of heart disease, stroke, and heart attacks as much as reductions in smoking, obesity, and cholesterol levels.
Predictably, Assemblyman Felix Ortiz has been the sponsor of this bill in the Assembly in the past, but this session he hasn't introduced it yet. Maybe because he is crafting a bill to ban pepper in cooking?
Once again, though, this proposal reads like another waste of the paper it was printed on, as it will never even come up for a committee vote.

Regional Councils Weakened by Legislature

As originally proposed by Gov. Andrew Cuomo, his Regional Economic Development Councils would be directly distributing $130 million and be overseen by Lt. Gov. Robert Duffy, but that vision is not shared in the budget introduced in the Senate and appears to be tweaked in the Assembly.
In the initial plan by the governor, the councils would have "$130 million for competitively determined economic development projects" and would be involved in the dispersement of over $340 million overall, including helping areas impacted by prison closings.
In the Senate, which has been welcoming of the governor's ideas, but has shown a reluctance to empower Duffy, there are no mentions of "regional economic development councils" in the latest version of their capital projects budget bill. Their first amended copy of the proposal echoed the governor's wishes, but their most recent version has no role for the councils.
The $340 million does appear to be included in their proposal, though, but it looks like it will be distributed through more traditional means. Whereas the governor's budget seemed to take money from existing economic development projects, which the Senate seems to love.
In the Assembly, which has been the most resistant to embrace the governor's budget, the Regional Economic Development Councils are granted the $130 million for regional projects and $100 million for regional revitalization in areas that lose a prison.
But, the Assembly does strip away a handful of references to the Regional Economic Development Councils, which seems to imply that they would have a reduced role compared to the one envisioned by Cuomo.