News from STATE SENATOR

Liz Krueger

New York State Senate, 26^th District

COMMUNITY BULLETIN – February 2005

Message from Liz . . .

As I write this, the State Legislature is holding its annual budget hearings on the Governor's Executive Budget. And once again, those hearings are revealing that the Governor's solutions to our budget difficulties all tend to involve balancing the budget at the expense of those least able to afford it. In areas such as health care, public transportation, education, and social services, the Governor has proposed a budget that fails to meet the needs of its citizenry. At the same time, he has once again advanced expensive and vaguely defined economic development programs that, lacking oversight, will likely distribute money based on political needs rather than based on strict requirements that subsidies should result in the creation of real, decent paying jobs.

The Governor's attack on Medicaid spending is the first example of his misplaced priorities. New York State does need to figure out responsible ways to control such spending, and to help localities deal with the costs of Medicaid, but the mechanisms for reigning in costs offered by the Governor are not cost effective, and would at the same time severely damage the ability of New Yorkers to get basic medical care. Access to coverage of home care and nursing home care for the elderly would be dramatically reduced. They would eliminate coverage in both Medicaid and Family Health Plus for dentists, audiologists, psychologist and podiatrists. Family health plus would face even more draconian cuts, with the introduction of co-pays of up to $250 for services, and the requirement that individuals who lost insurance wait twelve months before receiving Family Health Plus coverage. Initial estimates are that if these cuts are implemented, hospitals in my district will lose $87 million in support –which will hurt everyone they serve, not just those eligible for these programs. Furthermore, there are mechanisms for addressing the cost of Medicaid that the Governor has chosen not to use. The most important of these is bulk purchasing of pharmaceuticals, which could save New York State between $400 million and $1 billion, depending on how such a program was implemented.

Unfortunately, the Governor’s budget again shortchanges public transportation and jeopardizes desperately needed expansion projects like the Second Avenue Subway. Every four years, the legislature reauthorizes the MTA Capital Plan, which funds State of Good Repair (maintenance) initiatives and expansion projects. While the MTA submitted a budget for the 2005-2009 capital plan which was widely praised by transit advocates for its substantial contributions to maintenance and expansion projects, the Governor largely ignored their recommendations. The Governor has proposed to spend roughly $15 Billion ($2 Billion less than recommended) on maintenance projects and $2 Billion ($7 Billion less than recommended) on expansion projects. Without major increases to the Governor’s capital plans, it is likely that the East Side of Manhattan will continue to be served exclusively by the Lexington Avenue line for the foreseeable future. Other initiatives, like the MTA’s proposal to enhance and speed bus service through Bus Rapid Transit on First and Second Avenue, will also suffer from a lack of sufficient funding in the proposed MTA Capital Plan.

The Governors' response to the Campaign for Fiscal Equity decision is similarly underwhelming. The Governor proposes $325 million in additional spending for a new Sound Basic Education program, approximately $195 million of which would be allocated to New York City. This is a drop in the bucket when compared to the recommendation by the Special Masters that New York City needs an additional $5.63 billion dollars in operating expenses and $9.2 billion in capital money to meet the constitutional requirement to provide a sound basic education. Furthermore, his funding mechanism for this program would once again come from anticipated revenues from the expansion of Video Lottery Terminals. The proposed budget again fails to address the issue of reforming school aid formulas to more accurately

account for the requirements of high needs districts.

As for higher education, the Governor has aimed his cuts at New York's most economically vulnerable students. The Executive Budget slashes funding in half for programs that provide academic and financial support to lower-income students. Program's like CUNY's Search for
Education, Elevation and Knowledge (SEEK) offer opportunities for students who might not be able to afford college. This fiscal calamity is compounded by the proposal to restructure the Tuition Assistance Program (TAP) by reducing first time student assistance by half and awarding the remainder only upon completion of the degree within four years. As TAP awards depend on a family's economic needs, by delaying financial support for students, Governor Pataki is punishing those most economically underprivileged.

The Governor has also once again proposed draconian cuts to social services that would significantly weaken the safety net. The Governor has called for sanctions against children and other household members when a head of household does not comply with work requirements. At the same time, Governor Pataki actually proposes reducing the incentive for recipients to work by reducing or eliminating the earned income disregard for recipients on welfare for more than two years, thus penalizing families merely because they are stuck in low paying jobs that do not enable them to earn enough to support their families without public help.

A state court decision in December clarified the distribution of power over the budget process between the Governor and the Legislature, and that decision significantly limits the ability of the Legislature to change the Governor's budget. The court declared that the only power of the legislature is to delay the budget until the Governor is willing to negotiate changes with them. Particularly given the details discussed above, I can only expect another very late budget, as the Legislature exerts its only power. I have supported constitutional amendments that would alter this arrangement, which are moving through the amendment process and could be considered by the voters as early as next year. We do need to find a way to get beyond the current default budget process, which is dysfunctional both because it excludes the public and most Legislators from meaningful participation and because it results in unacceptably late budgets that cause great hardship to localities, social service organizations, and the people of New York State.

Community Spotlight

Fundraising & Proposal Writing

State Senator Liz Krueger & The Foundation Center invite parents to a workshop on fundraising and proposal writing.  Learn proposal writing basics and what resources are available for your school.  Share and hear fundraising ideas from other parents.  The event will take place on Thursday, March 17th, 2005, from 9:30AM-12:00PM.  The Foundation Center is located at 79 5th Ave (b/w 15th & 16th St), 2nd Floor. Please register in advance.  This program is offered FREE of charge.  The facility is wheelchair accessible.  RSVP by Feb. 25th to Senator Krueger's office at liz@lizkrueger.com (Subject: Foundation Center Training) with your name, school affiliation, email, phone, and home address.  You may also call Ting-ting at 212-490-9535.

Free Tax Help for Seniors:

Eviction Intervention Services (EIS) is offering a free tax clinic for seniors every Tuesday through April 12, 2005, from 10:00 Am to 1:30 PM.  The clinic is located at the EIS office at 150 East 62^nd Street, between Lexington and 3^rd Avenues (ground floor of the Lexington United Methodist Church).  Walk-ins are welcome.  For more information, contact Wendy Wilkins at 212-308-2210 ext. 207, or email eisny@aol.com.

Help Evaluate Nursing Home Survey and Complaint Systems:

The Long Term Care Community Coalition (LTCCC) has been awarded a grant by the New york Community Trust to examine the effectiveness of the New York State Department of Health’s nursing home surveillance system.  In addition to analyzing data from the deferral government, LTCCC will be gathering information from consumers who have recent experience with the State’s survey or complaint system.  If you have had experiences with the Department of Health in nursing homes, and would like to be involved in this project, please contact LTCCC.  They can be reached by phone at 212-385-0355; by mail at 242 West 30^th Street, suite 306, New York NY 10001; or by e-mail at barbara.nhcc@verizon.net.  You can also download the questionnaire from the LTCCC website at http://www.ltccc.org.  All responses are confidential.  LTCCC is a statewide coalition of consumers, professionals and civic groups working for over 20 years to keep nursing home residents safe.

Yorkville Common Pantry Seeks Donations of Food and Clothing:

The Yorkville Common Pantry needs donations of non-perishable foods (ie. dry

milk, beans, peanut butter, tuna, cereal) and new/gently used warm winter wear (gloves,

hats, scarves, coats & sweaters).  To schedule a pick-up, discuss how to organize a food or warm winter wear drive in your place of business or residence, or to find out more about the Pantry, please call 212-410-2264 ext. 110 or visit our website at www.ycp.org

Educational Seminar on Alzheimer’s Disease:

On Monday, February 28^th, the Alzheimer’s Association and Empire Medical Services is conducting a seminar on Alzheimer’s Disease, and on the programs and services available through the Alzheimer’s Association.  The seminar will take place on Monday, February 28^th at 2:00 PM at Empire Medical Services, 800 Second Avenue, 3^rd Floor, (between 42^nd and 43^rd Streets).  Call Ewric Hausman at 212-476-2289 to reserve a space at for this seminar.

Public Forum Civil Rights and Voting Rights:

On Thursday, February 17^th, the Women’s City Club of New York is hosting a Public Forum entitled “Civil Right and Voting Rights: Past and Present.”  The speaker will be Gloria Browne-Marshall, Founder of The Law & Policy Group and Assistant Professor of Constitutional Law and Racial Justice/Civil Rights Law at John Jay Collge.  The Forum will take place on Thursday, February 17^th at 12:30 PM at the Women’s City Club Offices, 33 West 60^th Street, 5^th Floor.  The event is free for Women’s City Club members, at $10 for non-members. For more information, please email info@wccny.org or call (212) 353-8070 ext 14.

LEGAL BOUND Summer Junior High and High School Intern Program:

The Manhattan District Attorney’s office is accepting applications for its Legal Bound Summer Internship Program.  Students between the ages of 14 and 17 (or 18 if still in high school) with an interest in the law are encouraged to apply.  Applicants should send a resume and an essay explaining their interest in the law to Community Affairs Unit, New York County District Attorneys Office, Attn: Ms. Carol Ragsdale, One Hogan Place, Room 824, New York NY 10013.  Applications must be postmarked no later than April 29, 2005.  For further information, call the District Attorney’s Office at (212) 335-9082.

New York Recycles Poster Contest:

The Fourth Annual New York Recycles! Poster Contest is open to public and private school children and youth organizations, and offers an opportunity to showcase their artistic talent and their commitment to the environment. This poster contest will helps to achieve the goal of higher excellence in recycling, composting, and buying recycled products and packaging. The twelve (12) New York State winners receive the honor of having their artwork in a calendar that will be distributed throughout the State. The schools with winning entries will also receive a recycled content tote bag filled with educational materials and videos. For contest rules and more information, call Debbie Jackson at the New York State Department of Environmental Conservation at (518) 402-8705 or visit http://www.dec.state.ny.us/website/dshm/redrecy/poster.htm on the web. The contest deadline is May 27, 2005.

Heat Season Rules:

The City Housing Maintenance Code and Multiple Dwelling Law requires building owners to provide heat and hot water to all tenants. Building owners are required to provide hot water 365 days per year at a constant minimum temperature of 120 degrees Fahrenheit. Between October 1st and May 31st, a period designated as "Heat Season," building owners are also required to provide tenants with heat under the following conditions:

·   Between the hours of 6:00 AM and 10:00 PM, if the outside temperature falls below 55 degrees, the inside temperature is required to be at least 68 degrees Fahrenheit;

·   Between the hours of 10:00 PM and 6:00 AM, if the temperature outside falls below 40 degrees, the inside temperature is required to be at least 55 degrees Fahrenheit.

Tenants who are cold in their apartments should first attempt to notify the building owner, managing agent or superintendent. If heat is not restored, the tenant should call the City's Citizen Service Center at 311 (311 can be accessed outside of New York City by dialing (212) NEW YORK). For the hearing impaired, the TTY number is (212) 504-4115. The Center is open 24-hours a day, seven-days a week.

Spotlight on Policy

Stem Cell Research

Last month I joined Senate Democratic Leader David Paterson in offering a comprehensive plan for establishing guidelines and funding for stem cell research in New York State. I have re-introduced legislation (S.433) that places clear guidelines on stem cell, embryonic, and fetal tissue research and prohibits human cloning. Senator Paterson is sponsoring a complimentary bill that would create a voter-approved state funding stream for stem cell research. These funds will be used to create a New York stem cell institute that will award grants and loans to stem cell research companies and organizations.

We live in a time of tremendous medical progress. We are on the threshold of historic breakthroughs against chronic, degenerative and acute diseases. Stem cell research has clearly shown its potential to do incredible good for humankind. The bill that I have introduced supports this type of scientific research, while officially banning human cloning. Furthermore, the legislation would strengthen the law and regulations that protect New Yorkers from possible abuse of human genetic material. An estimated 128 million Americans suffer from the crippling economic and psychological burden of chronic, degenerative, and acute genetic diseases, including juvenile diabetes, Parkinson's disease, and many cancers. Stem cell research or therapeutic cloning offers immense promise for developing new medical therapies, treatments and cures for these debilitating diseases and is a critical means to explore fundamental questions of human physiology.

We need to support 21^st century scientific innovations, while avoiding the mistakes made in California, where they have ceded far too much control to private companies with too few protections for the public. New York's biomedical industry is a critical component of the state's economy, as it provides substantial employment, pays substantial wages and salaries, invests billions in research and reports billions in worldwide revenue. We in New York are lucky to have a fairly accomplished biomedical sector. The legislation being offered by Senator Paterson will enable New York State to move to the forefront of stem cell research. We will surely reap the benefits of future economic development.

Nonetheless, we must also ensure that stem cell research is conducted in accordance with the highest ethical standards, and that the rights of participants are fully protected. My legislation creates a thorough and comprehensive set of guidelines that anticipates potential abuses of therapeutic cloning. Specific standards of informed consent are created between physicians and potential donors that both parties must agree to. In addition the legislation spells out that human genetic material is to be treated with the utmost respect and sensitivity. S.433 would also strictly prohibit human cloning, the practice of attempting to create a new human being from raw genetic material, and strict penalties are outlined for those who do not adhere to the rules of informed consent. Violators of this statute would be guilty of up to a Class B felony and could be subject to a fine of up to $250,000.

Therapeutic cloning involves removing the nucleus of a human egg cell and replacing it with the nucleus from a patient's body cell, such as a skin cell. The egg is then artificially stimulated, causing the egg to develop in a way similar to an embryo fertilized by sperm. Scientists envision extracting stem cells -- which have the potential to turn into every type of cell in the human body -- from the cloned embryo so that it would be a perfect transplant match for the patient. Britain recently became the first country to legalize therapeutic cloning. The move allows scientists to create cloned embryos only for purposes of extracting stem cells for medical research. The extraction, which is done when the embryo is only a few days’ old, means the clones cannot develop into babies. Under the guidelines set forth in the legislation, the embryos are only allowed to develop until they are 14 days old.

The legislation further proposes the creation of a twelve-member advisory Commission on Cloning & Therapeutic Research. Members would be appointed by the Governor, the Temporary President of the Senate, the Speaker of the Assembly, as well as the Minority Leaders of the Senate and Assembly. Commission membership must include four scientists involved in stem cell and therapeutic cloning research, two physicians, two medical ethicists, two patients or former patients involved in stem cell or fertility treatment, one health care provider and one patients rights advocate.

The legislation that I have proposed puts a system in place that would appropriately regulate and support therapeutic cloning. The bill features strong consumer protections, the creation of a well-rounded commission and a thorough statement of informed consent. The time has come in New York State for us to recognize the importance of genetic technology and the need to pass sensitive yet effective legislation.