News from STATE SENATOR

Liz Krueger

New York State Senate, 26th District

 

COMMUNITY BULLETIN – July 2005

 

Message from Liz . . .

The legislative session has now reached an end, and I am happy to say that this year’s results demonstrate that it is possible for our government to make real progress on significant issues of reform, as well as on substantive issues facing our state.  For the first time since I took office in 2002, the list of positive actions by the legislature consists of more than a few small items.  While there are still many pressing issues that the legislature did not address this year, I am pleased that for the first time since I took office, the “done” list is not dwarfed by the “to do” list.

 

Why did we make so much more progress this year?  I believe the answer is clear – it is becoming increasingly difficult for the legislative leadership to ignore the calls for a better government that issue from the public, the press and advocacy groups.  Furthermore, I and my democratic colleagues have consistently pushed for reform measures throughout the session, culminating in a countdown to reform over the last ten days of session in June.  A number of key measures we were pushing were adopted in the final days of session, including lobbying reform, ethics reform, and public authorities reform.

 

Here is list of what I would count as the biggest accomplishments for the legislature this session: 

 

  • An on-time budget – Passing a good budget is more important than passing an on-time budget, but in New York we have rarely done either.  Therefore the fact that we passed an on-time budget for the first time in 21 years does count as a major accomplishment.  And while its not a great budget, I don’t expect that we would have accomplished much more if we had waited another 3 or 4 months.  Hopefully this years’ success in passing an on-time budget will be a first step toward a process that creates budgets that are both timely and responsive to the needs of New York State.
  • Ending “Empty Seat” Voting (sort of) – For many, the fact that Senators did not have to be in their seats to be recorded as having voted yes on bills before the Senate was the epitome of the breakdown of our legislative process.  While most of my legislative reform agenda was not enacted this year, the Senate leadership did agree to end “empty seat” voting on controversial measures.  This has contributed to more debate on the floor and more serious deliberation on the issues facing our state.  We have a long way to go toward making or state legislature a truly deliberative body, but eliminating empty-seat voting is certainly a step in the right direction.
  • Lobbying reform – The legislature passed a very significant lobbying reform bill (S. 5873/A. 9864) in the last week of session that institutes a number of important reforms, which I will discuss in greater detail in the “Spotlight on Policy” below.
  • Public Authorities reform – On the final day of session, the legislature passed a bill that substantially improves oversight of Public Authorities, such as the MTA.  The bill establishes an Office of Inspector General that can conduct investigations of public authorities and government agencies, and increases reporting requirements for public authorities.  It also requires that public authorities receive fair market value or greater for any assets they dispose of – an important reform in light of the MTA’s efforts to sell the air rights to the West Side Railyards to the Jets for less than fair market value.  The real value of this legislation is that it shines light on the operations of authorities, but it will be up to elected officials and the media to make sure that this greater transparency results in additional changes to our public authorities to eliminate waste and mismanagement.
  • Ethics reform – The legislature and governor also came to agreement to close a loophole in state ethics law that allowed state employees facing investigation for violating ethics laws to end the investigation by resigning their positions.
  • Expansion of SCRIE – The legislature approved two long-overdue expansions of the Senior Citizen’s Rent Increase Exemption Program (SCRIE).  For the first time SCRIE has been extended to people with disabilities, although with lower income caps than for senior citizens.  The new cap for people with disabilities will be $17,000, if New York City approves this expansion.  The legislature also passed an increase in the income limit for seniors to $29,000, phased in over 5 years, again pending city approval.  I am disappointed that these bills place lower limits on people with disabilities, and that they only increase the income limit for seniors by $1000 each year for the next 5 years.  Nevertheless, these bills establish precedents for making SCRIE an even more important part of a broader strategy to preserve existing affordable housing in New York City.
  • Emergency contraception – In the last week of session, the Senate finally joined the Assembly in passing legislation granting women access to emergency contraception (EC) without a prescription.  As of this writing, the bill has not been delivered to the governor for his signature, and there is some evidence he may not sign it, so I urge everyone concerned about this issue to contact the governor at (212) 681-4580.
  • Fighting Hospital-Acquired Infections – Another critical healthcare issue the legislature addressed this year was the problem of hospital-acquired infections.  The Center for Disease Control estimates that more than 90,000 Americans die from hospital-acquired infections each year – more than are killed by auto accidents and homicides combined.  As our healthcare system comes under increasing financial pressure, it is critical that basic quality control issues are addressed, so that patients who enter the system are not exposed unnecessarily to infection when their bodies are least able to defend themselves. 
  • Interstate wine sales – The legislature also reached a compromise that allows for the sale of wine over the internet.  Previously New York had allowed such sales form New York based wineries and banned them from wineries from other states, but this law had recently been declared unconstitutional. 

 

While there are many issues that we again failed to address, such as Urstadt Law repeal, additional reform of the Rockefeller Drug Laws, campaign finance reform, redistricting reform, mental- health parity, and a variety of pieces of environmental legislation.    But despite these failures, I believe that the accomplishments of this session provide real reason to hope that we will be able to check some more of these items off next year. 

 

 

Community Spotlight

 

Information Regarding Local Businesses from the Department of Consumer Affairs (DCA):

DCA licenses thousands of small businesses and conducts inspections citywide to ensure compliance with a variety of City and State Consumer Protection, licensing, and weight and measures laws. DCA mediates complaints between consumers and businesses and is successful in resolving disputes. More than $1 million over the past year has been secured for consumers through mediation efforts. Whether you are a business owner or a consumer, there are many things you should know about your rights and responsibilities:

·         Business Licenses. There are 55 different categories of businesses that need to be licensed. For example, employment agencies, electronics stores and electronics repair shops, locksmiths, and dealers selling second-hand goods, such as jewelry, require a license to operate – many of which are located in Community Board 5. For a full list of businesses that require a license, visit the DCA online at www.nyc.gov/consumers. As a consumer, it is in your best interest to frequent only those businesses that have the proper license. When a business is licensed, it ensures further protection and gives the DCA more leverage when businesses don’t follow the rules. If you own a business in any of the above categories, make sure you have a license to avoid fines or possible padlock.

·         Refund Policies, Receipts, and Credit Card Limitations.  All businesses have the right to set their own return policy. However, merchants who do not give cash refunds for non-defective, unused merchandise must conspicuously post a sign at the cash register, at the store entrance or at the point where goods are displayed, disclosing their refund policy, credit or exchange policy and the conditions under which it applies. If there is no sign, the business must give the consumer a refund within 20 days. All businesses must provide an itemized receipt for purchases more than $20, as well as display all limitations on credit card purchases. For more information, contact the DCA for free copies of What Businesses Need to Know.

·         Contacting the DCA. To file a complaint or to request a free brochure, DIAL 311, the City’s 24-hour citizen service hotline. Online, you can visit the NYC Department of Consumer Affairs web site to file a complaint, download brochures, and sign up for regular consumer alerts at www.nyc.gov/consumers.

 

Better Business Bureau Offers Evaluations of Local Businesses and Charities:

Another source for information on local businesses is the Better Business Bureau.  They have established a database on their website that provides information on consumer complaints and their resolution, and indicates whether the business or charity meets the Better Business Bureau’s standards of conduct.  You can also file a complaint on the website if you have had problems with a business or charity.  You can access their website at www.newyork.bbb.org.

 

Youth Guide to Summer Fun Available:

The New York City Department of Youth and Community Development has published a Youth Guide To Summer Fun, a guide to their Out-of-School time programs.  These programs offer a variety of safe activities for youth, focusing on academics, arts and recreation.  You can view a copy of the guide on the web at http://www.nyc.gov/html/dycd/pdf/youth_summer_guide2005.pdf, or call 311 and request a copy.

 

Spotlight on Policy

 

Lobbying Reform

 

One measure I was particularly pleased to see pass this session was legislation to reform lobbying practices in New York State.  The passage of this legislation is an important first step to ensure that the public knows who is working to influence its government.  The legislation passed the Senate unanimously.

 

The Lobbying Reform Act of 2005 (S. 5873/A. 9864) includes provisions to expand the definition of lobbying; to regulate procurement lobbying; to establish an 11-member Advisory Council on Procurement Lobbying; to protect not-for-profit organizations who have lobbying operations; and to enact tougher penalties for lobbyists who attempt to circumvent the process. Lobbyists will now have to publicly report their attempts to influence state officials on public contracts or Indian gaming compacts, as well as to secure or block executive orders that would affect their clients. Currently, only lobbying intended to influence legislation must be reported to the state Lobbying Commission.

 

Under the legislation, lobbyists seeking state contracts would be barred from plying their trade once the contract-letting process officially begins. State officials can still inform a contractor that the state will soon advertise for bids, and lawmakers will be able to lobby commissioners and other top administration officials on behalf of lobbyists and their clients. Initial violations call for fines up to $10,000, and a second violation within four years would result in a ban from procurement lobbying for four years. Any violation of the ban on lobbying during the final contract process could lead to a fine of up to $50,000, plus the amount of any compensation received by the lobbyist. More than 20 states already require disclosure of money spent on contract lobbying.

 

While this legislation is a major step forward, it is only a first step. I hope next session we will take up additional legislation to reform lobbying, including the banning of gifts, the regulation of political contributions by companies seeking state business and the establishment of a one year “cooling-off” period before former elected officials can lobby.  This legislation is like many other bills that we deal with in Albany – it’s far from perfect.  While lobbying will now be somewhat more transparent, I am sure that the monied lobbyists will figure out new loopholes.  Additionally, I am concerned that the small and overworked staff at the Lobbying Commission will not be able to handle the increased workload.

 

Lobbying reform is an issue that has been on the agenda for years, but every previous attempt has resulted in failure. In 2003 lobbying reform also came to the Senate floor on the last night of session.  At the time, both houses and the Governor had supposedly come to an agreement on a bill just that day.  After the Assembly passed the bill, the Governor and Senate successfully avoided passage of the reform legislation by instead passing what the New York Times called a “sham substitute”, watered down piece of legislation.   Since the bills were not identical, we did nothing to resolve the issue for another two years.

 

The fact that we did manage to make such significant progress on this issue in 2005 is due to the increased scrutiny that the legislature and governor have been under around issues of reform.  AS I and other reform minded legislators work to keep the pressure up on these issues, it will be critical that the public, the advocacy community and the press continue to demand reform, as there is much that remains to be done.