News from STATE SENATOR
Liz Krueger
New York State Senate, 26th District

COMMUNITY BULLETIN - August 2002

Message from Liz . . .
In my last several bulletins I have tried to shed some light on the details of the dysfunctional way our State legislature operates. Today I want to offer an example of how the lack of a rational, functioning set of legislative rules has major implications for the ability of state government to address issues of importance, even when there is fairly broad agreement across the political spectrum that these issues need to be addressed. The particular situation I want to address is the lack of a democratic procedure for resolving differences between the Senate and the Assembly when different versions of the same bill pass each house.

The current procedure for resolving these differences is well known - Joe Bruno, the Senate Majority Leader, Sheldon Silver, the Speaker of the Assembly, and (sometimes) the Governor negotiate out the differences. While this is certainly not democratic, it does occasionally work, and did result in deals on a number of issues this year, including New York City school governance reform and the Women's Health and Wellness Act. However, this method of negotiating fails more often than it succeeds, with the result that a number of pressing issues are left unresolved. Leaders of both houses of the legislature try to take credit for passing "one house bills" in an effort to show they are not ignoring these issues. So in the session that just ended, both the Senate and Assembly passed legislation to reform the Rockefeller Drug Laws, require reporting of Sexual Abuse by Clergy, and fund toxic waste cleanup through Superfund, to name just three issues with broad popular support. But the inability of the three men in a room to negotiate out the differences in these bills means that in the end, none of these important issues were really addressed by the State.

What the New York State Legislature lacks is a functioning Conference Committee system, where members of both houses get together in public to iron out their differences. This mechanism is commonly used by both the federal government and other states, but is extremely rare in New York. In fact, during the last legislative session, there were no conference committees at all. This is perhaps not surprising given that the Joint rules of the Senate and Assembly leave the calling of conference committees to the discretion of the Speaker and Majority leader.

While conference committees would not resolve every difference between the Assembly and Senate, they would create an open process that would be more likely to be responsive to public sentiment on major issues. The lack of a functional and democratic conference committee system represents just another example of how Albany fails to provide effective representative government.

District Office: 211 East 43rd Street, Suite 1300, New York NY 10017 (212) 490-9535 Fax: (212) 490-2151
Albany Office: Room 302, Legislative Office Bldg., Albany NY 12247 (518) 455-2297 Fax: (518) 426-6874

"The Senator is In"
Rotating Office Hours In the District

Carl Schurz Park
Date: Saturday, August 10, 2002
Time: 11:30am-1:30pm
Place: East End Avenue and East 84th Street
(and various locations in the Park)
Raindate: Sunday, August 11th (same time & place)

Education Town Hall Meeting
Topics to include School Funding, Parental Involvement
and Community School District 2 Issues

Date: Tuesday, September 24, 2002
Time: 7:00-9:00pm
Place: YWCA, 610 Lexington Avenue at 53rd Street

Stay tuned for information on other upcoming Town Hall meetings
Community Spotlight

Update Regarding M79 Bus Layover:
I am extremely disappointed that the MTA has not followed through on its commitment in a June meeting with elected officials and community representatives to use quieter electric starters on the M79 bus route between 8:00pm and 6:00am, due to the proximity of the East Side layover to residences. I and other elected officials wrote a follow-up letter to the MTA in late July requesting that they immediately implement the electric starters as promised. I have heard that the MTA now has 1 bus running on this route between 12:30am and 4:30am with an electric starter, but this does not meet their original commitment, nor does it resolve the serious noise problems created by the M79 bus for local residents.

Testifying Regarding the Conversion of Empire Blue Cross to a For-Profit Company:
Earlier this month, I testified at a hearing before the New York State Insurance Department to express a number of concerns I have regarding the proposed conversion of Empire Blue Cross from a non-profit to a for-profit company. I expressed a number of concerns regarding the impact of the proposed change on the ability of Empire Blue Cross to maintain access and quality health care, and to contain costs to the consumer. I expressed my disappointment that the revised plan has shifted the vast majority of proceeds from the conversion away from its original purpose, which was to provide funding for a foundation to
improve access to health care. As it has been reconfigured, I am also concerned that the plan presents a departure from the historical mission of Blue Cross Blue Shield as both a provider and an advocate for the insured.

Reimbursement for HEPA Filters, Vacuums and Air Conditioners Now Available through the Federal Emergency Management Agency Extended to All New York City Residents:

New York City residents may qualify for reimbursement for vacuum cleaners with High Efficiency Particulate Air Filtration (HEPA) systems, air filters or purifiers and air conditioner repair or replacement. The FEMA Individual & Family Grant Program for Air Purifiers and Filters, HEPA Vacuums, & Air Conditioner Repair/Replacement program is administered through the New York State Department of Labor and the Individual & Family Grant Program (IFGP). The program is there for individuals and families who have disaster-related needs that are not covered by insurance or other assistance programs. Individuals, especially those with respiratory ailments, should apply through the FEMA 800 number to see if they qualify for reimbursement.

Applicants must first register with FEMA by calling (800) 462-9029 and express their concerns about air quality and ask to be considered for those items they would need to replace. Those who are experiencing a financial hardship should know that in certain circumstances, the IFGP would advance payment to them.

New Yorkers should also be aware that some flyers posted by companies trying to sell equipment claim that residents can receive free air filters and purifiers by calling a non-FEMA number. The only way to be sure one will be reimbursed is to call FEMA directly and get approval before replacing their air filter or air conditioner.

Blood Drive at Hunter College:
I and other elected officials are cosponsoring a Blood Drive on September 26th from 11:30am to 6:30pm at Hunter College School of Social Work, 129 E.79th Street near Lexington Avenue. Lenox Hill Hospital will be providing the staffing for the Blood Drive. There is no need to make a reservation, just stop by and join me in helping to meet the serious need for blood that the city is currently facing. For more information, contact Susan Chamlin in my office at (212) 490-9535.

Spotlight on Policy

Unemployment Benefits Extension
I was extremely disappointed by the failure of the State Senate to pass legislation extending unemployment benefits for New Yorker's who lost their jobs in the wake of the attacks on the World Trade Center. In March the Federal government passed one 13 week extension, but workers who lost their jobs immediately after September 11th began to have this extension run out in June. More than 100,000 jobless New Yorkers were scheduled to lose their temporary unemployment benefits that month. Neither the state nor the federal government has acted to extend benefits again, despite the continued effects of the attacks on the economy. It is tragic that individuals whose lives were torn apart by the events of September 11th are now faced with severe economic hardship because of this inaction.

During times of recession, the Federal government has traditionally extended benefits for the unemployed. According to recent figures from the New York State Labor Department, New York is at a 6.1 percent unemployment rate with New York City at 8 percent. United States Senator Hillary Rodham Clinton introduced legislation yesterday to extend benefits a second time, but this legislation has not been acted on. The State currently has $800 million sitting in the state unemployment insurance fund, so we have the means and the resources to extend these benefits now given the lack of Federal action. Such legislation passed the Assembly in June but the Senate did not act on it before adjourning for the summer. The failure of the state legislature to act on this important issue has potentially devastating consequences for many New Yorkers.

School Governance Reform, continued:
Parental Participation
The legislation that passed giving the Mayor control of the school system left many issues unresolved. One of these issues that will become increasingly important in the coming months is the development of mechanisms to ensure and encourage parental participation in public education, both at the individual school level and in policy making for the school system as a whole. The legislation eliminated Community School Boards, which while they are hardly the perfect model for parental involvement, at least offered some mechanism for connecting parents and communities to school policy making in a decentralized manner. The elimination of community school boards must still be approved by the United States Justice Department, but assuming that approval happens, it will be important to move rapidly toward reestablishing a decentralized system for parental involvement.

The School Governance Reform legislation has two mechanisms relevant to resolving this situation. First, the legislation requires that the five Borough Presidents' appointees to the new Advisory Board of Education be parents of public school children. While this creates some guarantees of parental involvement, the board's powers are limited and it is unclear that these appointees will necessarily have a connection to local communities.

The potentially much more meaningful requirement of the legislation is that a Joint Senate/Assembly Task Force be established to evaluate alternatives for replacing Community School Boards. The task force will consist of 20 members, with the Speaker of the Assembly and the Majority leader of the Senate appointing ten each. The task force will hold hearings in the Fall in each of the boroughs, and issue a preliminary report to the legislature by December 15th, followed by a final report on February 15th 2003. It is highly likely that legislation based on these reports will then be introduced, which if passed will help define the role of parents and communities in public school policy for years to come.

I have serious concerns that the political nature of the appointment process may limit the ability of the task force to fully and creatively explore the issue of how best to replace Community School Boards. That said, it is also essential that those of us interested in ensuring maximum parental and community participation in school governance engage the task force in order to make sure that our views and suggestions are heard. I strongly believe that the creation of a more centralized system of accountability need not - and must not - result in less participation of parents and communities in decision making about their individual schools. In the months ahead, I intend to actively participate in the task force process to work to insure that mechanisms for parental involvement are reestablished and improved upon. I will be letting all of you know about dates and locations for the public hearings of the Task Force. In addition, I am organizing a Town Hall meeting on Education on September 24th (see details above), which I believe will offer an opportunity for brainstorming about the best mechanisms for accomplishing these goals.