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For Immediate Release: Friday, July 1st, 2005

Contact: Jordan Isenstadt (c) 516.991.3842 (w) 212.490.9535 (f) 212.490.2151

 

State Senator Liz Krueger: The Senate Actually Made Some

Progress at the End; Still Much Work Left to be Done

 

New York, NY As the New York State Legislative session came to a close, State Senator Liz Krueger (D-Manhattan) reflected upon its victories, as well as its failures.  “This was without a doubt the most successful of the three legislative sessions that I have been a part of since taking office in mid-2002,” stated Senator Krueger.  “Significant and important reforms were taken up such as shining a light on lobbying practices and creating better oversight of public authorities.  I am surprisingly pleased by our progress and believe that we are moving in the right direction.”

 

Still, Senator Krueger surmised that much of the progress was motivated through the “dysfunctional” label that has hounded the Legislature, and the shrinking grip that the Republican majority has on the State Senate was certainly a factor in these reform efforts.  “We (Senate Democrats) were pushing for these reforms since I first ran for office, and the passage of several of our reform measures over the last days of session was a direct response to these efforts. The pressure in Albany last week was very real as the legislative leadership scrambled to complete as many issues as possible,” said Senator Krueger.  “The leadership has slowly recognized that there is a voter revolution taking place.”  While the “three men in a room” still collectively determine what moves to the floor and passes, all three leaders know that voters are watching far more carefully than in previous years.   Among the most important reforms taken up by the Senate were:

 

Contract Lobbying Reform:  Senator Krueger, a sponsor of legislation similar to the bill that was passed stated “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. Under the legislation, lobbyists seeking state contracts would have to file reports on who was paying and 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. Upon explaining her vote, Senator Krueger praised the bill on its merits, but suggested that multiple amendments should be made to the lobbying law, 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,” stated Senator Krueger.  “Still, it is critically important that we eliminate any conflicts of interest between elected officials and special interests.”   An expose by the Albany Times Union about the Senate Majority Leader Joseph Bruno being lobbied by his son (Ken Bruno) has also highlighted an additional egregious loophole in the lobbying statute, as well as in ethics rules; family members being paid to  lobby one another. Enacting a ban on relatives lobbying relatives should be a priority next year. So should ending the secrecy that shrouds legislative ethics procedures.

 

Public Authority Reform: Senator Krueger praised the passage of legislation that aims to shine light on the secretive world of public authorities by establishing a new inspector general, a budget office, a performance review of the state's 700 independent entities, as well as requirements to prevent the type of sweetheart deal that almost delivered over 40 miles of development rights along the Erie Canal to a well-connected businessman two years ago for just $30,000.  “Public authorities have been the epicenter of stealth mismanagement and scandal in New York for decades,” stated Senator Krueger.  “The legislation that we passed will make these authorities much more transparent for public scrutiny.”

 

Ethics Reform: Closing the so-called Flynn Loophole was an important step at the end of session, but the number of years it took to pass this obvious reform should stand as a reminder of the disturbing lack of responsibility of the government, indicated Senator Krueger.  The Flynn loophole, named after General Lawrence Flynn, a former New York National Guard general, allowed the target of an ethics inquiry to escape accountability simply by retiring or resigning from the state payroll. The loophole has shut down 50 investigations since 1995, when it was initially tested through the courts.  “The fact that this loophole has existed for so many years is indicative of the problems that we have had in Albany,” remarked Senator Krueger.  “But I am pleased that every day we are inching closer to creating a government that is more accountable, transparent and honest to the citizens of New York State.”

 

Legislative Rules Reform: Senator Krueger’s major disappointment of the legislative session was the fact that very few substantive rules reforms were instituted, despite the musings in January by the Senate Majority that “no one is going to out-reform us.” The only reform to be adopted was the ending of the practice known as empty seat voting. Senator Krueger pointed to several outstanding procedural reform items, including altering the committee structure, opening up bill sponsorship to all Senators regardless of party, ending absentee proxy voting in committee, and crafting a functional conference committee system.  “Our efforts to make meaningful changes in the legislative rules have been blocked by the Majority time and time again,” stated Senator Krueger.  “In fact, of eleven proposals offered in the Rules committee since this session began – on topics including open bill sponsorship, recording votes on discharge motions and requiring a 3/5’s vote to accept messages of necessity – the Majority has never even responded. The Majority refuses to allow debate and vot4es on these resolutions, and until they decide to act seriously about reform, these proposals will languish – unread and unconsidered in the Rules committee.  The Senate Democrats are committed to changing this.”

 

Senator Krueger’s fight for real reform of the legislative process continues, as her lawsuit against the “Three Men in A Room” moves through the courts.  “We are suing to change a variety of legislative practices that serve to undermine democratic procedures and limit deliberation regarding the issues impacting our State,” stated Krueger.  Republican Assemblymember Tom Kirwan and the Urban Justice Center have joined me as plaintiffs in the lawsuit.

 

Finally, Senator Krueger pointed to additional reform measures that were not addressed by the Legislature during this session.  These include reform of the Rockefeller Drug Laws, Real Budget reforms, Fair Education Funding Formula’s (resolution of CFE), Campaign Finance Reform; Economic Development Policy reform; addressing Inequitable Tax Policies and Equitable Redistricting.

 

 

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