The January 2009 Legislative Issue of The Capitol

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2009

www.nycapitolnews.com2 JANUARY 2009 THE CAPITOL

LEGISLATIVE PREVIEW

BY SAL GENTILE

GOV. DAVID PATERSON’S (D) bare-bones budget has already begun to fracture the Legislature across regional lines, with his proposed cuts

to school aid angering suburban legislators across the state, his cuts to municipal aid vexing city advocates and his package of layoffs and fringe-benefi t revisions antagonizing public-employee unions.

There is also the ideological divide. Assembly Democrats claim Paterson’s $4 billion package of increased fees and taxes—the so-called “nuisance taxes” on items such as alcohol and non-diet soda—unfairly burden the working class, and will almost certainly insert a restructuring of the personal income tax to raise revenue off the state’s highest wage earners.

Senate Republicans, on the other hand, have vowed to fi ght an income tax hike and will try to roll back the governor’s batch of nuisance taxes as well, preferring instead to draw more blood from education and Medicaid—sacred cows for the Democrats and their union supporters.

At the moment, it seems everyone has something to hate in David Paterson’s budget. And that reality has produced the rare effect of putting Republicans and Democrats on the same set of talking points.

“There’s nothing creative in what the governor has advocated,” said Sen. John Flanagan (R-Suffolk). “What are we doing for small business and regional economies?”

Flanagan was echoing a theme even the most liberal Democrats have sounded.

“In terms of the cuts, there’s really nothing really original or innovative about them at all,” said Assembly Member Rory Lancman (D-Queens). “You know, we’re going to slash education, we’re going to slash Medicaid.

Nothing about reforming government. There’s a lot of things we can do to reform government that will save lots of money.”

The amendment process will unfold in an abbreviated 21-day period, set to begin when Paterson formally introduces his plan in January. So the revisions that require less political bloodshed will be the ones with the best chance to make it in. (Paterson also has the power to strike legislative amendments from the budget, so only proposals with a broad base of support are likely to stick.)

With Democrats now in the Senate majority, Assembly Democrats and their allies in labor say they will most likely nudge their fellow party members toward an income tax hike by adopting one in the Assembly and holding the line.

“I think the one thing that will be successful, just because the Assembly will demand it, is reforming the personal income tax,” Lancman said.

Majority Leader Malcolm Smith (D-Queens) has been gauging support for the changes in his conference, and Democratic legislators expect that there will be enough votes providing the Assembly continues to exert pressure. And Paterson is unlikely to veto the provision if Democrats in both houses pass it.

“I think anybody who is denying that an income tax for the highest-earning New Yorkers will come into play has their head buried in the sand,” said Assembly Member Sam Hoyt (D-Buffalo), chair of the Local Government Committee. “Whether it’s a millionaire’s tax, a half-millionaire’s tax or a quarter-millionaire’s tax, that’s the big question. And the Senate will come around.”

Some Democrats say a millionaire’s tax could well cause a bruising fi ght with moderates in their caucus and Republicans in the Senate that puts Paterson in a diffi cult spot, especially ahead of his fi rst general election in 2010. So the fi nal proposal is likely to be something less

than a full millionaire’s tax—enough to mollify both the Working Families Party and moderates in the party.

“It’s a question about whether you’re going to take a broad-based approach or really try to be really progressive in what you do,” said Elizabeth Lynam, of the Citizens Budget Commission, explaining that a millionaire’s tax may be more progressive as an idea but less reliable as a source of revenue. “There are fewer millionaires at this point in time and their fortunes are fl uctuating more than they have in the past 20 years.”

That may make the question of what legislators do with the money—which programs they will choose to save from the chopping block—politically knottier.

“Maybe less money will have to be taken out of education and Medicaid,” Lancman said. “I don’t know if the fi nal desire would be to make the Medicaid or education cuts less, or eliminate some of these onerous fees and surcharges on the middle class.”

The insertion of an income tax may, in a roundabout way, present a way to tamp down the furor over the governor’s $4 billion in new fees and taxes, which Republicans have roundly denounced and will likely use as a campaign wedge in 2010. Revenue from the income tax would allow the legislature to scale back or eliminate the package of nuisance taxes and keep Republicans from using widespread anger over those taxes as a populist ploy in 2010.

Sen. Marty Golden (R-Brooklyn) has already sketched out the theme bluntly.

“These are all areas that we could have enhanced revenues in, without having to go out there and tax Joe Public,” he said. “Joe Public is about to get raped.”

Golden is pushing to incorporate in the budget some of the sweeping structural reforms—such as consolidating or streamlining the state’s hundreds of independent authorities—that have been batted around in Albany for years but stalled for political reasons. With almost every player involved acknowledging that massive cuts will be unavoidable, both Democrats and Republicans are pushing to include systemic spending reforms in the amended budget that Paterson did not include in his original proposal.

“They have hundreds and hundreds of authorities,” Golden said. “None of these authorities are being touched. None of them are being looked at.”

Paterson has proposed merging or integrating seven redundant state agencies. But for the most part, the state’s sprawling system of public authorities is set to remain intact. Democrats and Republicans both say this may be the potential ground for compromise.

But members of both parties mostly discount the possibility of adding extensive new structural reforms to the amended budget, given the time frame they have to work in, without a change of heart on the governor’s part. Aside from the income tax and a few other proposals with broad support, slashing the education and Medicaid budgets and freezing aid to municipalities are all but certain on the horizon.

Even the most ardent Democrats see little alternative.“We could do one of these” proposals, Lancman said.

“But to do comprehensive, top-to-bottom, ‘we’re going to change the way New York State does business,’ you know, I could scream about it all I want, but it’s got to come from the top, or else it’s not going to happen. So, I’m hoping for a conversion on the governor’s part.”

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Legislators Join in Resisting Budget Cuts, Insisting on ReformChanges to public authorities may prove ground for bipartisan compromise

Gov. David Paterson is unlikely to veto income tax reform, which Assembly Democrats support and for which Majority

Leader Malcolm Smith (D-Queens) has been gauging support. A

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LEGISLATIVE PREVIEW

BY KAREN ZRAICK

WITH THE DEMOCRATIC takeover of the State Senate, New York’s infl uential but politically fragmented labor unions have a

shot at expanded infl uence in Albany’s corridors of power. But experts say they will have to overhaul their political strategies as they head into budget negotiations and wonder if disparate unions will unite to push for common goals, like a progressive income tax to fi ll state coffers, or if they will simply scramble to save jobs in their own sectors and abandon larger policy aims.

While the Republicans controlled the Senate, most larger public-sector unions built strong ties to the GOP and were rewarded with lucrative contracts, while smaller private-sector unions hewed closer to the Democrats. Though some unions began shifting support to the Democrats starting in 2006, when it became clear that a Democratic takeover was likely imminent, many of the larger and more powerful ones did not. Nonetheless, with the Democrats now looking to hold and expand their majority in the Senate and Republicans scrambling to regain control, the new political alignment in Albany will give unions who backed both parties even greater clout to push for more ambitious legislation, according to Mike Merrill, director of the Harry Van Arsdale, Jr. Center for Labor Studies.

“Both parties want to play to them, so they’re in a good position,” Merrill said. “The question is, how can the unions in New York change from defense to offense?”

Labor needs to change the facts on the ground for Gov. David Paterson (D), Merrill added, arguing that for political purposes Paterson will need to create the impression that he tried to balance the budget but was forced to bow to political pressure and mitigate the cuts.

The unions are pushing for a generous federal stimulus package to dull Paterson’s proposed budget cuts, and for increased taxes on the wealthy. Heading into budget talks with legislators, they will argue for a program of identifi ed “responsible cuts” that preserve vital services while leaving pensions, benefi ts and job cuts off the table.

But as the recession worsens, labor leaders admit, this may become increasingly diffi cult.

“The economic issues that face this state transcend politics and that will be the challenge for this year,” said Randi Weingarten, president of the powerful United Federation of Teachers (UFT).

Despite uniting to take the majority, as a conference the Democrats in the State Senate are far more fractured than the Republicans ever were. Unions will have to refocus on building ties with individual legislators rather than relying on power brokers as they have in the past. If new Majority Leader Malcolm Smith (D-Queens) succeeds in instituting reforms to empower committees and individual lawmakers, that will be especially true.

“We will be moving from a leadership-driven strategy to pass legislation and to protect the needs and economic security of our members to a strategy where we deal with

all the members of the legislature, both the Democrats and Republicans,” said Denis Hughes, president of the New York AFL-CIO.

Bipartisan coalitions will also be crucial to pass legislation, given the Democrats’ narrow majority over a restive minority.

“There’s going to be more of a pushback from the Republicans,” Hughes said. “For the fi rst time in recent memory, there will be a well-staffed, aggressive and experienced minority in the State Senate.”

In the meantime, union leaders will be sizing up whether the Democrats will remain labor-friendly now that they are in the majority. The fi rst shots have already been fi red: when Smith mentioned in a December speech that he believes the state workforce needs to be trimmed, he was immediately blasted by Civil Service Employees Association (CSEA) president Danny Donohue, who issued a statement calling Smith “ill-informed.”

They also remain unsure of Paterson, who labor leaders believed was in their corner until he unveiled his budget. Many observers think Paterson is trying to reposition himself as a centrist in anticipation of his re-election campaign, though there are those cautioning a union backlash if the unions remain angry at Paterson through 2010 and either decide to back an opponent or sit out the race.

But the real opportunity for the unions to fl ex their muscle may be in legislative races: as demographics turn New York bluer, Republicans retire and political contributions fl ow to incumbent Democrats, one union offi cial predicted that state politics will come to resemble New York City politics: the real race will become the primary, rather than the general election—a setup which favors unions, who can have greater sway in smaller races, he said.

Meanwhile within the Capitol, some of the smaller private-sector unions said they would push hard on bread-and-butter union issues like workers compensation and the minimum wage in anticipation of the state growing increasingly blue.

“The Senate Democratic majority will not refl exively support the business position on every issue,” said Bob Master, legislative and political director for Communication Workers of America and a co-chair of the Working Families Party. “In our experience, the Senate Republicans, if you step away from public sector union issues, would generally take the side of the business community.”

In one example, Master said, legislation to enact paid family leave should sail through this legislative session. Paid family leave bills stalled during the last two sessions after business interests successfully lobbied Senate Republicans.

But the economic crisis could forestall such measures if tough negotiations mean union leaders need to save their own skin. The public and private sector unions have as many divergent interests as they do common goals.

“You have this moment of convergence that you haven’t been able to see in decades,” said one progressive political operative who works closely with the unions. “But you also have this short-term crisis of the budget, where everybody is trying to prevent having their proverbial pound of fl esh taken away.”

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The shift of majority control in the State Senate will force a realignment for unions, but may result

in organized labor emerging as an even more powerful force in politics and policy.

Unions Look To Consolidate and Build Power with Switch in Senate ControlLabor aims for greater sway over power and politics, despite losing GOP allies

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BY STEPHEN STIRLING

“WE HAVE NO money.”

This blunt assessment is where a conversation on the state’s transportation

initiatives looking forward into the 2009 legislative session begins and ends, according to Assembly Member David Gantt (D-Monroe), chair of the Transportation Committee.

“We really have to try to make sure some of our roads or bridges that have fallen into disrepair are safe, but we don’t have any money to spend,” Gantt said. “You’ve got to make cuts, but you’ve also got to make sure we’re doing everything we can to make our roads safe to drive on. It’s going to be a challenge.”

Gov. David Paterson has called repeatedly on congress to pass a fi scal stimulus package that would fund improvement projects for the state’s roads, bridges and tunnels—many of which are ready to start the day the state gets the money—but it remains unclear how much of it will go to New York.

“Grim is a good word,” said state Transportation Department Commissioner Astrid Glynn, describing the state’s ability to fund infrastructure projects. “We need to plan within our means.”

Many of the major issues on the agenda for the coming months are familiar: the Metropolitan Transportation Authority’s fi scal woes, the ailing condition of many of the state’s roads and highways and the implementation of a high-speed rail line all fi gure to be part of the conversation. But forging ahead on a shoestring budget will present steeper challenges than ever before.

Paterson’s proposed budget includes steep cuts to highway construction ($274 million), engineering ($108 million) and state aid for mass transit ($285 million)—all necessary, he has said, to help plug a more than $15 billion defi cit facing the state.

Paterson’s budget does call for a 4.5 percent increase to the state DOT’s maintenance budget, putting it at $4.165 billion, but that number could easily come down if the Legislature rejects some of the governor’s more controversial proposals, such as the elimination of the School Tax Relief (STAR) Program rebate.

Filling the MTA’s projected $1.4 billion budget defi cit will almost certainly be the fi rst transportation issue addressed by the legislature, but could easily prove to be the most divisive. The Ravitch Commission’s recommendation to place tolls on New York City’s East River bridges and a “mobility tax” that would raise funds by charging state employers based upon their revenue received a lukewarm reception from legislators, despite Paterson’s strong endorsement of the plan in his State of the State address.

“I think it’s a good beginning vision,” said State Sen. Bill Perkins (D-Manhattan), a member of the Transportation Committee.

But the depth of the budget problems may force some new thinking, Perkins admitted.

“In this case, the elephant is the room,” he said.

While many Democratic legislators have expressed support for the “mobility tax,” which would generate $1.5 billion in revenue by levying a 0.33 percent payroll tax on state employers, bringing the concept to a vote will likely prove to be one of the fi rst major challenges for the state’s new, albeit shaky, Democratic majority.

“I feel confi dent in saying the majority of my conference will not be supportive of that measure,” said Assembly Member David McDonough (R-Nassau), the

ranking minority member on the Assembly Transportation Committee.

Another item earmarked for attention is the maintenance of the state’s aging infrastructure. Gantt and Glynn each said preventative maintenance measures on the state’s 7,500 bridges, 38,000 highway miles and “less glamorous aspects of the system” like viaducts and culverts is becoming essential.

“We need to keep the system working,” Glynn said.

“We need to look at how we can best triage our pipelines of projects with our existing funding.”

McDonough pointed to the I-35W Mississippi River bridge disaster in Minnesota that claimed 13 lives in 2007 as a prime example of what could happen if primary maintenance issues are not addressed.

“The real concern is if we have any type of emergency situation like that,” McDonough said. “Beyond the fact that we don’t want to see any kind of tragedy like that in our state, the money to respond to that sort of situation

is going to come right out of our pocket.”Legislators are also looking to other transportation

revenue streams such as the New York Thruway Authority, which annually collects more than $500 million in tolls.

“That’s something people don’t talk about that often, but it’s out there,” he said.

Perkins also said the oft-discussed upstate high-speed rail line is another project that is “defi nitely on the agenda” for the coming session, but one that will hinge on federal funding. A high-speed rail line between major upstate transit hubs like New York City to Albany and Albany to Buffalo has been discussed for more than a decade, but such an endeavor would cost billions of dollars the state does not currently have.

McDonough said he agrees that the high-speed rail should be on the agenda and could be approved by the legislature if action were to be taken, but the coming months will dictate where it ultimately falls in the state’s priorities.

“I think it’s a very good idea, but at this point I don’t know that it can take a front-row seat,” he said.

Almost everyone has placed their hopes for the state’s infrastructure needs in President-elect Barack Obama’s $700 billion economic stimulus package—a large portion of which he has promised would be set aside for state infrastructure projects.

But Gantt said the fi ght for funds with the other 49 states could be “an uphill battle,” and Perkins said discussions on the potential stimulus package will likely begin swiftly in Albany as a result.

“It’s like in a basketball game,” he said. “You’ve got to be ready to take the pass.”


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LEGISLATIVE PREVIEW

Assembly Transportation

Committee Chair David Gantt said

the fight for federal funds with the other

49 states could be “an uphill battle.”

TransportationTransportation Improvements Likely to Stall, But Hopes Ride on Obama Investment

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BY KARA GERSON

LAST YEAR WAS a success for new Energy Committee chairmen Sen. George Maziarz(R-Niagara/Orleans) and his Assembly

counterpart Kevin Cahill (D-Ulster/Duchess). New York continued to lead the country in

conservation and renewable energy generation and the two legislators broke the hostile stalemate

that had plagued their predecessors, achieving the passage of landmark legislation to expand net metering.

They did not manage to revive perennial wallfl owers Articles X and VI, the power plant-siting law and energy-planning law that expired in 2002 and 2003,

respectively. But Governor David Paterson’s (D) second executive order created an energy-planning board to pick up where Article IV left off. The energy lobby lauded the work Maziarz, Cahill and Paterson had done over 2008 and was gearing up for another banner year in 2009.

All that, however, was before business ground to a

halt and state unemployment began its ascent.But with Paterson’s call to meet 45 percent of the

state’s energy needs with improved energy effi ciency and renewable sources by 2015, advocates are still optimistic.

“We have here a real opportunity,” said Kevin Parker (D-Brooklyn), the senior Democrat on the Senate Energy Committee, “to make residential and commercial buildings more energy-effi cient while creating jobs.”

Paterson has also called on the Public Service Commission to offer funding to help homeowners meet with their energy needs with clean sources, and will establish a resource center and policy institute to collect information on greening the state’s economy.

The Paterson administration and advocates of renewable energy estimate that these and other programs will create 50,000 new jobs in the state, and hope they will be able to tie new clean energy initiatives to job creation and workforce development.

Tom Lynch, director of governmental affairs at the

EnergyLEGISLATIVE PREVIEWProposals for Revamped Energy Policy Aim To Recharge State Economy

EducationLEGISLATIVE PREVIEW

BY ANDREW J. HAWKINS

IN HIS STATE of the State speech, Gov. David Paterson (D) called for New York to have the “world’s greatest educational system” to remain competitive

in the global marketplace. But in the upcoming session, legislators say their focus will be more on trying to stanch the bleeding.

Paterson’s budget proposal outlined about $2.5 billion in cuts to education, which has advocates fuming, union representatives up in arms, and state lawmakers looking for a way to satisfy all parties.

For now, Paterson is crossing his fi ngers that federal stimulus dollars will supplement the need to cut the education budget. But lawmakers and advocates are not holding their breath, already preparing for what is shaping up to be a very austere legislative session.

“We’ve got to do everything we can to keep the damage to a minimum,” said Sen. Toby Ann Stavisky (D-Queens), the new chair of the Higher Education Committee.

But, she said, there should still be enough time to address a host of other issues, specifi cally enhancing

green technology programs at state universities and beginning to work on Paterson’s plan to enact a low-cost student loan program.

Last year, Paterson announced the plan that would

provide $350 million each year to 45,000 students statewide. Stavisky said her committee would be looking at the proposal, which would need legislative approval before going into effect.

Mayoral control of the New York City public school system will be the marquee attraction during this session, with Mayor Michael Bloomberg (Ind.) preparing to push for the program’s renewal with as few changes as possible. Critics of mayoral control will try to entice lawmakers to include more ways for parents to be involved in school governance.

“In Albany-land, there is always at least one policy issue around which all others tend to orbit,” said Alliance for Quality Education executive director Billy Easton. “And mayoral control will be that type of issue.”

Competing opinions about Bloomberg’s extension of term limits will no doubt be in the minds of many legislators as they debate whether to leave him with sole power over the Big Apple’s 1.1 million-student public school system.

State money mandated under the Campaign for Fiscal Equity lawsuit, which is meant to provide additional money for high-needs schools, is expected to be delayed, now set to be phased in over eight years instead of four.

Also in his speech, Paterson proposed setting up a resource center to help schools around the state convert

to greener, more sustainable energy sources, in the hopes that cleaner sources of power will improve

effi ciency and reduce costs.Richard Iannuzzi, president of

NYSUT, the state’s powerful teachers union, applauded the initiative, calling for

Paterson and the Legislature to go a step further by making New York’s universities hubs for green technology development.

“For things to turn around in New York State, we have to not only have the industries created here that the governor talks about,

but we have to educate our own students to fi ll

those jobs,” Iannuzzi said.Several lawmakers

interviewed said they intended to look closely at how the state’s

public and private colleges can improve their STEM—science, technology, engineering, math—programs to meet the demands of a new greener economy. But in the

short term, everything will be about the budget, they added.

“I think that our focus right now is so concentrated on the budget. We will get to what our legislative priorities are eventually,” said Assembly Member Deborah Glick (D-Manhattan), chair of the Higher Education Committee in the Assembly, “but the current priority is to deal with the budget.”

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Legislature on Course for Mayoral Control, Student Loans, Green Technology

“We’ve got to do everything we can to keep the damage to a

minimum,” said Sen. Toby Ann Stavisky.

THE CAPITOL January 2009 �www.nycapitolnews.comNew York State Energy Research and Development Authority (NYSERDA) wants “to make sure,” when he works with the Legislature on upcoming energy bills, “that the money we invest in energy has a workforce component.”

A number of members have voiced their intent to propose green-collar job-creation bills that “will range from tax incentives to outright grant programs to money to subsidize education and training,” according to Cahill. “This is something that will be introduced.”

Successful green job initiatives will not likely find funding in the state’s shrinking budget. Cahill, Parker and other legislators expressed a commitment to on-bill financing to allow surcharges on participants’ electric bills that are large enough to pay back investors, but small enough to allow homeowners to realize the savings of increased efficiency.

Such plans, like the Green Jobs/Green Homes proposal out forward by the Working Families Party, “would save money on energy costs for consumers and create jobs,” said Jeff Jones, director of the New York State Apollo Alliance, a coalition of business, labor and environmental groups that supports the project. “Green Jobs/Green Homes should be a legislative initiative … it could be their great energy and jobs accomplishment in the coming year.”

Much of the appeal of these programs is their contribution to the goal of state energy independence voiced by many members of the Legislature. Increased generation, from sources as varied as wind and solar to new power plants, can aid the effort. Net metering expansion, the Energy Committees’ 2008 triumph, allows consumers who generate power through renewable energy to sell back excess electricity.

“With all the renewables out there, net metering is going to open up huge opportunities,” explained Maziarz.

The Legislature, he goes on, must now clear regulations which he believes impede further alternative energy generation.

Officials say that reestablishing the power plant-siting program may be the best way to achieve that.

Assembly Member Thomas O’Mara (R-Chemung/Schuyler/Tioga) thinks it is “vitally important that we reinstate Article X to encourage the development of electricity-generating facilities.”

Maziarz said he “would love” to continue working on the Maziarz-Cahill bill to reinstate Article X, which failed to make it to the floor in the last session, while Parker boasted that a renamed Parker-Cahill bill would “definitely pass.”

Assembly Member Tim Gordon (I-Rensselaer/Columbia/Greene) meanwhile plans to introduce a generation bill of a different kind: one that will enable on-site power generators to share their power with neighbors. Rather than asking consumers to sell their excess energy back to the utilities, which they can now

do with expanded net metering, Gordon’s plan would have them sell it cheaply in the vicinity.

Gordon explained that up to 15 percent of power can be lost in transmission, so sharing locally-generated power will not only lower costs for the area and increase the state’s independence, but also aid in conservation efforts.

“It’s one way to help industry,” Gordon said. “Companies can save money by generating their own energy and helping each other.”

Cahill does not think any of this can be

achieved without first renewing Article VI, which Governor Paterson leapfrogged with Executive Order No. 2.

“We need a more comprehensive approach,” he said. “We need a body appointed by statute and not subject to the interest of a given executive.”

Getting there will not be easy. Many of Cahill’s colleagues are less concerned with creating an energy planning board now that the governor has taken charge. Moreover, Cahill fears, there may be pushback from those who are happier without the oversight that would come

from a consolidated directive.“If we create a context, everyone will

be required to be more responsible,” Cahill said. “There will be resistance from stakeholders who are comfortable with the status quo and learned how to work with the existing system.”

But Cahill promises he will continue to push for energy planning legislation. “It’s something we have to institutionalize,” he said sternly. “We can’t proceed without it.”

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“A test of a people is how it behaves toward the old.”

New York’s seniors survived the great depression, fought to defend our nation, and helpedrestore our country to prosperity.

Now many are battling a new fight for dignity and independence as they face the frailty ofgrowing older.They deserve the best care and support we can provide.

We know we’re facing difficult times and that all must play a part in restoring our State toeconomic health. Yet, as we make hard choices, it is critical that we maintain our commitment to our older and disabled citizens, and preserve the vital long term care services that thousands of New Yorkers and their families depend upon.

We urge all concerned New Yorkers and elected officials to join us in standing up for NewYork’s older and disabled citizens and against extreme cuts that would threaten the healthcare they depend upon. It’s the right choice for our State. It’s the only choice for thosewho’ve sacrificed so much for us.

ABRAHAM J. HESCHEL

W W W. L E A D E R S I N C A R E . O R G

5 5 5 W E S T 5 7 T H S T R E E T S U I T E 1 5 0 0 N E W YO R K , N E W YO R K 1 0 0 1 9 2 1 2 . 2 5 8 . 5 3 3 0


BY STEPHANIE S. GARLOW

ASSEMBLY MEMBER JOSEPH Lentol(D-Brooklyn) fi rst voted against new laws mandating harsh sentencing for drug offenders

in 1973. He lost that battle, but he is still fi ghting—and in this upcoming legislative session, 36 years later, he believes he fi nally has a shot at transforming the draconian laws into what he considers sensible and effective drug policy.

“We have to be smart on crime,” Lentol said. “Not just tough on crime.”

New York legislators face a slate of familiar criminal justice issues this session, including drug law reform, but with the fi nancial crisis they have a newfound incentive for action. Hoping to gain support from newly empowered Democrats, proponents argue that many of the changes on the table would not only improve public safety but also save money.

Legislators expect to consider improving programs that help felons reintegrate into communities, shuttering underutilized detention centers and increasing the use of DNA testing to clear those wrongfully convicted.

“The Democrats, while they aren’t soldiers and saints on these issues, have a history of being more receptive of the need for reform, the need to downsize the state prison system, the need to have common sense and fairness in our sentencing policies,” said Robert Gangi, executive director of the Correctional Association of New York, a prison watchdog group.

Gov. David Paterson (D), in his State of the State address, called for an overhaul of the Rockefeller drug laws, which set mandatory prison terms for those convicted of possessing or selling drugs. Though the laws were amended slightly in 2004 and 2005 to lighten some of the strictest sentences, Paterson and his allies in the legislature say the laws need to be reformed to shift the focus from incarceration to rehabilitation, and give judges more discretion in the sentencing process. Judges currently have no say in deciding whether to send an offender to prison or another option, such as a community-based program.

“The prosecutors are often prosecutor, judge and jury,” said Anita Marton, a vice president at the Legal Action Center, a nonprofi t advocacy group. “They have the entire power, the entire authority.”

Six years ago, when he was a state senator, Paterson was arrested in a protest against the Rockefeller laws, and Democratic control of both houses and the governor’s offi ce might mark a break with the failed reform efforts of the past decade. Previously, opposition from the Republican-controlled Senate has helped stymie attempts to overhaul the laws.

District attorneys have also been among the major opponents to changing the laws. Derek Champagne, the

Franklin County district attorney and vice president of the District Attorneys Association of New York State, said the state should improve funding for drug and alcohol treatment programs rather than further revise the statutes.

Champagne said he fears that lessening sentences may have unintended consequences and could create a problematic cycle, in which minimal punishments lead to an increase in drug dealing and then violent crime, and the eventual re-strengthening of drug laws.

There is not much room for leniency, according to State Sen. George Winner (R-Steuben/Schuyler/Chemung).

“If you go too far in the Rockefeller drug reform, you are going to be letting a lot of bad guys out of jail,” he said.

In revising the laws, legislators would likely give more discretion to judges and look to alternatives to incarceration, including drug and alcohol treatment programs and community service work.

The Correctional Association of New York, a nonprofi t dedicated to making the administration of justice fairer and more effi cient, estimates that reform would save more than $220 million annually by diverting offenders into alternative rehabilitation programs.

If the Legislature goes forward with drug law reform, improving reentry programs for those released from prison will necessarily become an important priority, proponents said. They argue fi nding employment and creating a support network for offenders returning to their communities will be crucial.

Proposed reentry programs include the conditional sealing of certain non-violent criminal records, restoring New York’s tuition assistance program for people in prison and ensuring inmates have identifi cation cards upon release.

The price tags vary among different reentry programs but advocates argue the money would be well spent to prevent offenders from returning to criminal behavior, given that the cost of re-incarceration often far exceeds that of reentry programs.

Additionally, helping offenders become productive members of society increases their tax contributions and decreases costs from services like health and foster care, said Glenn Martin, a vice president at the Fortune Society, a nonprofit group that helps former

inmates.The budget problem might also

provide the necessary political leverage to close underutilized detention facilities.

The state has about 10,000 fewer inmates than a decade ago, a drop the Department of Correctional Services

attributes to a steady decline in crime, the implementation of early-release programs

for non-violent offenders and drug law reform.Martin said the state has to close detention

facilities to realize the cost savings of moves that reduce the prison population, like Rockefeller drug law reform.

In his budget for the upcoming fi scal year, the governor called for closing six underutilized juvenile detention centers as well as four

minimum-security prisons and several annexes.In the past, proposed closings have sparked intense

opposition from upstate Republicans whose districts rely on the $2.7 billion-a-year prison industry as a source of jobs. In January, the state announced the closing of four prisons only to shelve the plan a few months later.

“When you close facilities, you better know what you’re doing,” said State Sen. Martin Golden (R-Brooklyn), who said overcrowding could result if closing is not done with care.

Winner said the state will have to demonstrate that the facilities are in fact underutilized to minimize opposition.

Chris Leo, legislative director of the New York State Correctional Offi cers and Police Benevolent Association, said his organization opposes prison closings and plans to educate legislators about overcrowding issues.

Finally, expanding the use of DNA testing in the justice system will be a top priority, but one less tied to the state’s fi nancial woes, legislators say.

In recent years, the Legislature has considered requiring all criminal offenders to submit DNA samples for the state’s database. Both the Senate and Assembly have voted in favor of the expansion but the Assembly insisted the bill also make it easier for inmates and defendants to seek DNA testing that might prove them innocent.

Though the two houses could not reach a compromise last year, Lentol said he is optimistic that a Democratic majority will make getting a deal easier. State Sen. Eric Schneiderman (D-Manhattan/Bronx), who will chair the committee on codes, said he expected the issue to come up in the Senate.

“I’m convinced there’s a lot we can do to ensure that innocent people are never convicted for crimes they didn’t commit,” he said.


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LEGISLATIVE PREVIEW

The budget problem might

provide the necessary political leverage to close

underutilized detention facilities.

Legislators Expect ToRethink New York’s Approach to Jails and Those in Jails

Criminal Codes

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BY CHRIS BRAGG

LOOKING AHEAD, NEW York’s business and labor leaders are also looking back—and drawing very different conclusions about what past

recessions can teach lawmakers about dealing with the current one.

Most labor leaders argue that during previous downturns, policies that put money into the pockets of low-income New Yorkers, even at the expense of the state’s businesses, eventually helped both.

“The question is: Is it more important to not raise costs on businesses a very small amount,” asked Denis Hughes, president of the New York AFL-CIO, “or to actually stimulate this economy and get people back to work?”

Gov. David Paterson (D) has called repeatedly on Congress to pass a fi scal stimulus package that would fund infrastructure projects in New York and create jobs. But it remains unclear how much of that money will go to New York.

In the meantime, Assembly Member Susan John (D-Monroe),

who chairs the Labor Committee, plans to introduce legislation increasing

unemployment benefi ts to one-half of the state’s average salary, and pegging them to infl ation. Benefi ts currently are capped at $405 a week, a rate that has not seen an increase since 2000.

Businesses would pay higher taxes into a fund that provides for the benefi ts.

In arguing for John’s proposal, Hughes cites the

economic downturn of the late 1980s. The Legislature did not suffi ciently increase

unemployment insurance benefi ts during that recession,

Hughes said, which he believes devastated

upstate New York.

LEGISLATIVE PREVIEWLabor Gears up forLean Times WithWide-Ranging Proposals

BY BRENNA EHRLICH

AS NEW YORK State ushers in 2009, public offi cials and interest groups are looking for ways to improve the

state health care system despite severely reduced funds.

In his State of the State address, Gov. David Paterson (D) acknowledged that the fi scal crisis will force the administration and legislature to delay the goal of universal coverage, working instead to increase coverage piecemeal. He has proposed several initiatives to do that, including a bill that would allow families to cover dependents up to age 29 under their health insurance plans, and an effort to add an additional 226,000 people to the state’s Family Health Plus plan, which covers residents who do not qualify for Medicaid. The Paterson administration will seek permission from the federal government to access its Medicaid savings in order to fund those programs.

But Paterson’s proposals are only the latest in a series of bills already introduced in the Senate and Assembly that would increase funding for health education programs, encourage additional testing for infectious diseases and even legalize medical marijuana.

Assembly Health Committee Chair Richard Gottfried (D-Manhattan) said he has support in the State Senate for a number of these issues, most notably the Healthy Teens Act, which would establish a competitive grant program to provide funding to school-based health centers and community organizations for sex education programs.

State Sen. George Winner (R-Steuben/Schuyler/Chemung) was a Senate sponsor for the act, and State Sens. Thomas Duane (D-Manhattan) and Sen. Velmanette Montgomery (D-Brooklyn) cite it as a top item on their agendas for the coming year. In fact, Montgomery said that the women of the Democratic Conference have proposed a Teen Health Agenda in the Senate that includes funding for the act, as well as school-based

clinics and sex education.When asked whether he thought

this agenda would come to fruition in 2009, outgoing Senate Health

Committee Chair Kemp Hannon (R-Nassau) said he did not know.

“It was mainly a fi scal expenditure program more than anything else,” he said, refl ecting

on reporting the act out of the committee in the past and the differences between then and the current economic

situation. “That would only be answered in light of what would happen during the

budget.”With regard to

Gottfried’s other goals, Hannon declined to

comment on the question of universal health care, but said the prospect of increasing HIV testing seemed bright. As for the legalization of marijuana, Hannon deferred to the federal government, which, he says, “still declares that to be an illegal substance.”

Despite Assembly and Senate support, the majority of smaller issues remain overshadowed by Medicaid, which relies on funding by the states and the federal government to help care for low-income patients. One of Gottfried’s major goals for 2009 is to assure that the Medicaid program continues to shift more of its resources towards facilities such as clinics and primary-care physicians’ offi ces.

Still, Hannon questioned how this move would function in the coming year. Directing money into primary and preventative care, he said, comes at the expense of the current inpatient intensive care system at a time when needs have not diminished.

“It’s diffi cult for me to envision how you [can] move

money around without cutting the ability of the current system to deliver,” he said.

According to the New York State Division of the Budget, New York spends $2,283 per capita per year on Medicaid—more than any other state in the country and more than twice the national average of $1,026. However, according to Elizabeth Swain, CEO of the Community Health Care Association of New York State, “we get mediocre, average, or below average results,” mostly because much of these funds are funneled into pricey inpatient and emergency care rather than primary and preventative care.

“The increase in primary care will improve health outcomes by addressing health issues in prevention and primary care settings before they become chronic diseases, and thereby reduce costs,” Swain said.

Daniel Sisto, president of the Health Care Association of New York State (HANYS), foresees a reduction of services and labor if health care cuts persist, as well as a cost shift onto commercially insured patients to make up for lost funds.

He also said reductions in funds for nursing homes and home care would exacerbate the problem as the population continues to age.

“The outcome I fear in the budget is just a deepening of the fi nancial crisis across the institutions,” Sisto said.

Still, Winner looks to a higher authority when it comes to staving off this fi nancial crisis: the federal government.

“I’m hopeful that the congressional delegation will be successful in securing an increase in FMAP contributions for New York that will take some of the pressure off some of the detrimental reductions in reimbursement to our providers—such as our hospitals and nursing homes and pharmacies,” said Winner, referring to the Federal Medical Assistance Percentage, which determines how much money the state receives from the federal government for Medicaid.

Hannon said that the state will most likely be able to secure the increase in funds, though he cautioned that New Yorkers should not expect much help to fl ow from Washington.

“I would really wonder how much money the other 49 states are willing to provide to New York if we get a signifi cant increase,” he said. “That really is something that is very speculative.”


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Aiming for Robust Health Agenda, WhilePatient on Universal Care and Federal Aid

Labor

LEGISLATIVE PREVIEW Health Care

THE CAPITOL JANUARY 2009 13www.nycapitolnews.comThe region’s industrial economy has historically relied on domestic consumer spending, creating what Hughes called a “downward spiral” as people lose their jobs and have less money to spend.

“The most direct economic stimulus we can have in this state is unemployment benefi ts,” Hughes said.

The nonpartisan Fiscal Policy Institute found in a Dec. 11 report that fi rst-time unemployment claims in New York City between August and November were 40 percent higher than in 2007, a troubling statistic since the city has typically driven the state’s consumer spending during recessions.

The Republican leadership in the Assembly agrees that increasing unemployment benefi ts may be a good idea. It disagrees, however, with any approach that would put new burdens on businesses.

“We’d be very wary of any new mandates on small businesses right now,” said Joshua Fitzpatrick, the spokesperson for Assembly Minority Leader James Tedisco (R-Schenectady).

Instead, Fitzpatrick said, money put aside in Paterson’s budget to increase welfare benefi ts could also pay for an increase in unemployment insurance.

In another effort to stimulate consumer spending, John plans to propose increasing the minimum wage.

“The folks that are earning minimum wage spend every dollar,” said Allan Richards, a spokesperson for John. “If anybody is helping out small businesses in this state, it’s minimum-wage earners.”

Starting in 2009, the minimum wage would jump gradually from $7.15 an hour to $8.25 by 2011, before being pegged to the Consumer Price Index in 2012.

Businesses would also foot the bill for that proposal, however, and business leaders say any such mandates would ultimately hurt low-income workers.

“Those proposals would actually kill jobs,” said Michael Moran, spokesperson for the Business Council of New York State, an association of over 3,000 businesses. “In a state that’s already uncompetitive, any of these would make New York even less attractive to business.”

The fact that New York has among the highest costs of doing business in the country explains why its last two recessions started sooner and lasted longer than in other states, said Brian McMahon, executive director of the New York State Economic Development Council.

Politically, the historic shift to a Democratic Senate may tip the scales toward unions representing lower-income workers. Senate Republicans have traditionally had a strong relationship with public-sector unions representing higher-income state employees, such as the New York State United Teachers, the United Federation of Teachers and the Civil Service Employees Association (CSEA). Whether those unions can build similarly strong relations with the new Democratic majority is an

“open question,” according to Stephen Madarasz, the spokesperson for CSEA.

One lower-income union likely to gain infl uence is the SEIU 32BJ, which represents over 50,000 building service workers in New York. The union helped Democrats take the Senate and will now likely push the party to ensure better health benefi ts and wages for its workers, including reforms of Industrial Development Agencies, or IDAs: state-run groups that provide fi nancial incentives to promote local construction projects.

The Working Families Party will

also likely play a bigger role in shaping the agenda. Besides an increase in the minimum wage and unemployment benefi ts, that agenda includes a “Paid Family Medical Leave” bill allowing employees 12 weeks paid time off for a family emergency or to care for a newborn child.

Senate Republicans have balked in the past, however, because the legislation does not contain an exemption for businesses with fewer than 50 employees. Dan Cantor, the WFP’s executive director, said that all the party’s initiatives would

“require that we fi nd some allies in the business community.”

Meanwhile, the relationship between the public sector unions that have supported Republicans and Gov. Paterson (D) seems to have run afoul. In his executive budget, Paterson proposed reopening contracts with those unions and demanded concessions from state workers in order to close a $15.4 billion budget gap.

Madarasz, the CSEA spokesperson, in an interview called that approach “absurd” and “incomprehensible.”

[email protected]


BY KYLA CALVERT

WITH THE STATE Senate now in Democratic hands, legislators and advocacy groups are

expecting to pass a fl ood of housing bills held at bay by Senate Republicans for decades. Democrats and their allies are confi dent that bills passed by the Assembly several times over the past couple of years will fi nally arrive on the governor’s desk and be signed into law.

“By the end of January we expect the legislature to pass a package of housing bills,” said Vito Lopez (D-Brooklyn), chair of the Assembly Housing Committee. “Each of the bills we’re talking about has passed seven or eight times in the Assembly without ever being heard in the Senate.”

Three areas being watched in the fi rst weeks of the upcoming legislative session include changes to Mitchell-Lama policy, an attempt to repeal vacancy decontrol in New York City and a defeat of a prevailing wage requirement for affordable housing construction. Democrats and tenants’ advocates are hoping to pass bills that preserve rent-controlled units but they worry budget cuts will strangle further construction of affordable units.

According to the New York State Division of Housing and Community

Renewal’s 2007 Annual Report on Mitchell-Lama Housing Companies in New York State, there were 120,263 units under the program statewide in 2006.

After three years heading the Assembly Subcommittee on Mitchell-Lama Housing, Assembly Member Jonathan Bing(D-Manhattan) saw a bill originating in his committee pass the Senate for the fi rst time this past year. With Democrats controlling the Senate, Bing expects versions of other bills he sponsored during previous sessions to pass easily.

Among changes to Mitchell-Lama policy that upcoming legislation would include are revisions that would compel overseeing authorities to address violations in Mitchell-Lama buildings and a bill granting tenants whose owners are leaving the program fi rst right of refusal if the property is to be sold.

The changes “will allow people who moved into Mitchell-Lama developments 30 years ago, who were pioneers in areas that were having trouble retaining residents, to remain in neighborhoods they helped beautify and improve for decades,” Bing said.

While the focus of potential Mitchell-

Lama legislation is keeping tenants in their units, another area of legislation receiving attention this session would preserve rent control for new tenants.

Decontrol currently allows units formerly under rent control that become vacant to leave the program if the allowed rental cost of the apartment is

$2,000 or more. In 2007, 10,342 units in New York City were removed from rent stabilization programs through vacancy decontrol, according to a report from the New York City Rent Guidelines Board.

“If we don’t repeal vacancy decontrol, the entire rent regulation program will be phased out over time,” said Michael McKee,

treasurer of Tenants Political Action Committee. “With

Democrats taking control of the Senate we fi nally have a chance of getting the legislation enacted. Even minor tenants’ rights bills

would not have been passed by the Republican Senate.”

Opposition to the extension of rent control still exists, even if it is unlikely to stall legislation this year.

“We’ll make the argument that the best way to expand the number of units is to create incentives to improve properties and to tweak zoning laws to create incentives to build units,” said Assembly Member Michael Fitzpatrick (R-Suffolk), ranking minority member of the Assembly Housing Committee. “But I expect bills expanding rent control to fl y through the Assembly and Senate and be signed by the governor.”

Among incentives favored by Republicans is property tax relief. However, the budget proposed by Gov.

David Paterson (D) includes a repeal of STAR rebate checks, which reimburse property owners a portion of their school property tax.

“Rising property taxes were one of the biggest deterrents for home ownership and affordable housing because they’re

escalating beyond people’s ability to pay,” said State Sen. John J. Bonacic (R-Sullvian/Ulster/Delaware), who has chaired the Senate Housing Committee. “I’ve been saying the state should take over the tax payment. We’ve passed this bill three items in the Senate, but we can’t get the Assembly to bite.”

There is at least one housing-related issue where Democratic dominance will not mean broad opposition to the Republicans’ stance. A bill requiring affordable housing developers to pay prevailing wages to building service employees is unlikely to pass this session.

“The increased costs of paying prevailing wages would likely result in the loss of 1,000 new units in New York state,” said Bernie Carr, executive director of the New York State Association for Affordable Housing, a trade association of private affordable housing developers.

“It is one bill that comes up that we agree on,” said Fitzpatrick of prevailing wages, insisting, “even a fi erce advocate for affordable housing like Vito Lopez opposes a requirement because it drives up the cost of developing housing.”

While affordable housing proponents are eager to enact laws protecting the tenants’ rights and providing more people with affordable housing, the capital budget for affordable housing development has been cut from $300 million to $100 million.

“Today we have had largest increase in homeless families in last 20 years because individuals are losing jobs,” said Lopez. “The reason we don’t have the economic resources to maintain housing accommodations at the same time is because we haven’t built or protected enough units.”

While Paterson’s administration is still developing their legislative agenda, according to the governor’s press offi ce, a request has been submitted for additional federal funds for shovel-ready housing projects that are among those he has repeatedly insisted would be able to begin if a national stimulus bill includes money to be directed toward states.

“We are competing with higher health care costs, higher infrastructure costs, higher

education costs,” said Bonacic. “To some people, affordable housing is not the fi rst priority. But it is important because not only do you bring dignity to people, you create economic vitality.”


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LEGISLATIVE PREVIEW Housing

“I expect bills expanding rent control to fly through

the Assembly and Senate and be signed by the governor,” Assembly Member Michael

Fitzpatrick said.

With Democrats Controlling BothHouses, New Housing Legislation on Tap

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AFTER SIX YEARS in the State Assembly, Roy McDonald moves to the State Senate, taking the seat vacated by former Senate Majority Leader Joseph Bruno. Like many of his legislative colleagues, McDonald said the state’s fi nances will dominate the discussion for the time being.

“These economic issues dwarf everything else,” he said.

As described by McDonald, the economic problems in his hometown of Troy echo those found in many upstate towns: an outdated sewer system, old buildings, narrow streets not suited to automobile traffi c, lacking funds for public schools.

“That’s why I stress when you’re looking at the metropolitan New York City area, and you have the ability for economies of scale, you go into these older urban areas and they don’t have that

kind of structure and there’s no money available to help them,” McDonald said.

But McDonald said upstate’s revitalization can happen if further legislation is passed to provide incentives for companies to stay, expand and relocate to places like Troy, and if brownfi eld laws are enacted in places like Schenectady and Buffalo.

And despite New York’s manufacturing decline, he believes upstate’s agricultural sector represents untapped potential.

“How about turning around and promoting these products in New York City, the biggest market in the world?” McDonald said. “I mean using them. I mean the school systems, the hospitals—

all the public institutions.”As McDonald moves across the Capitol and navigates waters that are murky for

Republicans, he indicated that he may take a more vocal role than other Senate freshmen with less legislative experience.

“I’m a New Yorker, I’m loyal, but you’ve got to have an opposition party,” McDonald said. “We’re the Plan B. We’re the ones that question.”

He added, “Right now it is our job to earn our spurs, our respect with the public, with that loyal opposition.”

In addition, he stressed that he will continue advocating on behalf of the disabled, like his two autistic grandchildren.

DATE OF BIRTH: April 12, 1947

BIRTHPLACE: Troy, NY

RESIDENCE: Wilton, NY

OCCUPATION: Vice-president and public fi nance

investment banker, Paine Webber, Municipal Securi-

ties GroupEDUCATION: B.A., M.A. SUNY Oneonta

PREVIOUS OFFICES HELD: Town and county

supervisor of Wilton, Saratoga County; Assembly

member, 112th District

FAMILY: Married with three children

Roy McDonald

NYS (R-Rensselaer/Saratoga)

THE SAGA OF Pedro Espada, Jr. continues. Espada went from local Bronx politician in the late 1970s to three terms in the State Senate in a neighboring district to his current one a decade ago. Along the way, he has weathered scandal and slogged through two failed Senate campaigns.

Now Espada is back, after a primary defeat of incumbent Efrain Gonzalez, who faces federal cor-ruption charges. And with a leadership deal that came together and fell apart again around him, he has made himself a man at the center of the news.

But aside from the politics, he has his mind on policy: he is eager to tackle the budget, though he disagrees with Governor David Paterson’s short-term solution to tax consumer products.

“I know that the governor’s intentions were to spare the most amount of people from

the tremendous devastation that a permanent tax increase, income tax increase, would have, but I do think that we can have a pro-gressive tax system,” he said.

He also hopes to improve health care in his Bronx district

by advocating for preventive care to reduce emergency room visits, and wants to expand the use of food stamps to wholesale stores like Costco.

“My district also has one of the highest unemployment rates in New York State, so we’re very anxious to take a long look at job training,” Espada said, adding that he supports the public works

programs proposed by President-elect Barack Obama.As for his involvement with the majority power struggle, Espada said his concern was not

personal, but purely on behalf of Latinos.“I was in it not for power but for empowerment,” he said.

DATE OF BIRTH: October 20, 1953

BIRTHPLACE: Coamo, Puerto Rico

RESIDENCE: Bronx, NY

OCCUPATION: Founder and President of Soundview

Healthcare Network

EDUCATION: B.A. Fordham University, New York

University Real Estate Institute, Certifi cate in Public

Health from Columbia University, graduate training in

social work from CUNY Hunter College

PREVIOUS OFFICE HELD: Senator, NY State

District 32, 1992-1996, 2000-2002

FAMILY: Married with three children and nine

grandchildren

Pedro Espada, Jr.

NYS (D-Bronx)

THE WHOLE STATE had its eyes on Joseph Addabbo’s Senate race this year, watching every move in what seemed like a tight race. But when the votes were counted, the race was not tight at all: Addabbo won and won big, defeating 20-year incumbent Serphin Maltese (R-Queens) and scor-ing a crucial Democratic pick-up.

Now that the election is behind him, Addabbo said he plans a different kind of campaign, this one to bring fi scal decisions back to his constitu-ents when he gets to Albany, if only to warn them of potential service cuts and tax increases.

“I personally want to take as much on what decisions need to be made on the budget level down to the residents, just to let them know what’s ahead,” he said.

Addabbo, who sat on the Transportation Committee in the New York City Council,

called for more transparency in the Metropolitan Transportation Author-ity, especially if the authority wants

to impose tolls on city bridges like those suggested by the Ravitch Commission on MTA Financing.“The Ravitch report never

mentioned the fi scal responsibility the MTA has or the ability to meet that fi scal responsibility,” Addabbo said, adding, “I’d like to look at their internal cuts and make sure

they’ve done all they could before trying to raise revenue elsewhere.”Addabbo said he wants to apply the same kind of examination to the state’s overall budget,

especially if tax increases are to be enacted. Addabbo has been staunchly against property-tax hikes.

“I will not consider raising taxes until I’m convinced we’ve done the internal cuts that we need to do and then fi gure out from there what revenue amount is needed and how we get to that number,” he said.

Addabbo said he wants to work across party lines to get the state through the budget crisis.“I hope, obviously, to bring the experience of being in the City Council with me to the

Senate,” Addabo said, “but we need to work as a cohesive body. We need to work as one body.”

DATE OF BIRTH: May 13, 1964

BIRTHPLACE: Howard Beach, Queens

RESIDENCE: Ozone Park, Queens

OCCUPATION: City Council Member

EDUCATION: B.A. St. John’s University, J.D. Touro

Law SchoolPREVIOUS OFFICE HELD: New York City Council

Member, 2001-present

FAMILY: Married with two children

Joseph Addabbo

NYS (D-Queens)

15thDistrict32nd

District

43rdDistrict

welcometo thebig leagues

Meet thenew members

THE CAPITOL JANUARY 2009 17www.nycapitolnews.com

STATE SEN. HIRAM Monserrate (D-Queens) had a much easier time entering the Legislature in 2008 than he did in 2006. Monserrate narrowly lost a primary to his predecessor in the State Senate, John Sabini. In 2008, avoiding another contentious primary, Sabini dropped out and was appointed to chair the Racing and Wagering Board.

With a clear path to the State Senate, Monser-rate was set to become one of the highest ranking Hispanics in the state and a leader among an increasingly powerful political community.

Before being elected to the Council, Monser-rate served as a marine and spent a decade in the New York Police Department. He founded the Latino Offi cers Association and was the fi rst police offi cer to be elected to the New York Civil

Liberties Union’s board of directors.Monserrate entered politics in

2001, getting into the City Council as the fi rst Latino politician elected from Queens.

In his last days at the City Coun-cil, Monserrate led the opposition to Mayor Michael Bloomberg’s plan to develop Willets Point, an indus-trial plot of small businesses, into a neighborhood with housing units, commercial stores and parks.

Bloomberg was able to get his development plan passed by the

City Council, though Monserrate won several conces-sions, including an increase in affordable housing, a new school and the creation of a tenant relocation fund.

Monserrate’s political cache was nearly destroyed weeks before he was to be sworn into the Senate when he was arrested for allegedly slashing his girlfriend in the face with a piece of broken glass.

Monserrate pled innocence—he told police he tripped and fell into his girlfriend. His girl-friend corroborated the story and has refused to press charges.

With charges still pending, Monserrate was sworn into the Senate, seated and given the gavel for the Consumer Protection committee.

DATE OF BIRTH: July 12, 1967

BIRTHPLACE: Manhattan (Chelsea)

RESIDENCE: Jackson Heights, Queens

OCCUPATION: Retired Police Offi cer

EDUCATION: Queens College, B.A. political science

PREVIOUS OFFICE HELD: New York City Council

FAMILY: Single with one son

Hiram Monserrate

NYS (D-Queens)

DANIEL SQUADRON WAS not born yet when Marty Connor began in the State Senate in 1978, but the 29-year-old is now headed to Al-bany to fi ll the former minority leader’s shoes.

Dismissed early and often by Connor, Squadron out-campaigned the incumbent and stunned Connor in the primary.

In a letter to voters in August, Squadron wrote a change of paint on the walls would not suffi ce since “the rot goes much deeper, straight into the structural heart of the place.”

Squadron will now try to implement change and cut down on the rot as the young-est member of the Senate.

He co-wrote the book Positively American: How the Democrats Can Win in 2008 with

his former boss, Sen. Charles Schumer (D). Now, he faces the question of how to govern. He said he has been meeting

with his Democratic colleagues and said they are focused on the mission.

Given the economic situation, Squadron said there is “oppor-tunity to be had from the fi scal crisis” with shared sacrifi ces.

As a guide, he will have an extensive list of campaign prom-ises: his 11-point campaign plan

“Real Accountability. Real Democracy.” The task ahead, he said, is translating that into actual policies.

And while he will be the youngest legislator in the Capitol, he expects to get older in the Senate, saying he plans to remain there as long as he feels it is the best place to be.

DATE OF BIRTH: Nov. 9, 1979

BIRTHPLACE: New York, NY

RESIDENCE: Carroll Gardens, Brooklyn

OCCUPATION: Legislative aid

EDUCATION: A.B., American Studies, Yale University

PREVIOUS OFFICE HELD: None

FAMILY: Engaged

Daniel Squadron

NYS (D-Manhattan/Brooklyn)

welcome to the big leagues

BRIAN FOLEY SEIZED upon Brookhaven’s reputation for corruption—it has been nicknamed “Crookhaven”—in his 2005 campaign for town supervisor that swung control of the town to Democrats for the fi rst time in three decades.

Foley’s race became one of the key battles for control of the State Senate, and attracted the state party’s biggest names, including Sen. Charles Schumer, Gov. David Paterson and At-torney General Andrew Cuomo, to campaign in the district.

His victory has signaled something of a subterranean political shift in Suffolk, which he himself acknowledges bubbled to the surface with his election to a seat Democrats have not held for more than a century. He was in his sec-ond term as Town Supervisor when he defeated 30-year incumbent Republican Sen. Caesar

Trunzo by close to 15 points.The district is predomi-

nantly Republican, but Foley was able to tie his image as a reform-driven

manager to a surge in turn-out in the growing Demo-

cratic strongholds of Brentwood and Central Islip.

And as with most other legisla-tors from Long Island, one of Foley’s main priorities for the

upcoming session will be restoring some of the pro-posed cuts to schools in Paterson’s executive budget.

“Restoring some of the cuts to education is a high priority,” he said. “I’m not creating any false hope for the public, but I believe we’ll able to work on those numbers to improve the bottom line for the schools.”

He said he is also interested in working on ways to diversity the state’s economy, lessen the state treasury’s dependence on revenues from Wall Street and preserve the South Shore Estuary in Suffolk.

BIRTHDATE: Dec. 30, 1957

BIRTHPLACE: Jersey City, NJ

RESIDENCE: Blue Point, NY

EDUCATION: B.S., American Studies, St. Michael’s

CollegePREVIOUS OFFICE HELD: Town Supervisor


86thDistrict

Brian Foley

NYS (D-Suffolk)

3rdDistrict

13thDistrict

STATE SEN. MICHAEL Ranzenhofer (R-Erie/Gen-esee) is entering the Legislature at a time when the GOP is critical of an executive budget they say will hurt local governments. And Ranzenhofer is ready to step into that chorus.

Before being elected to succeed retired State Sen. Mary Lou Rath (R), Ranzenhofer cut his teeth in elected offi ce as an Erie County legislator representing the towns of Clarence and Newstead.

As a county legislator, Ranzenhofer said he is sympathetic to the plight of local government at the hands of state legislation and budget cuts.

“I’ve complained for years about state man-dates,” Ranzenhofer said. “I know that counties and towns and municipalities need mandate relief, whether it’s laws or adjustments to regula-tory procedures.”

Ranzenhofer, who served as majority and minority leader in his 20 years as a county legis-

lator, said he will use his experience on the county level to close a state budget that is in a large defi cit.

“Having dealt with fi scal issues and counties, I’m not seeing these

things for the very fi rst time,” Ran-zenhofer said. “Having to balance budgets and deal with spending and tax issues certainly prepares me.”

As a practicing lawyer, Ran-zenhofer said his lengthy career in

elected offi ce as a “citizen legislator” is only part of the experience he is bringing to the seat. Ranzenhofer is a managing partner at suburban Buffalo lawfi rm Friedman & Ranzenhofer, P.C., which has six law offi ces in the region.

“I have my own business and I work every day,” Ranzenhofer said. “That gives me an idea of what the average person is going through every day.”

DATE OF BIRTH: August 15, 1954

BIRTHPLACE: Queens, NY

RESIDENCE: Town of Amherst

OCCUPATION: Lawyer

EDUCATION: SUNY Albany, B.A. in Psychology;

University at Buffalo Law School

PREVIOUS OFFICE HELD: Erie County Legislator


Michael Razenhofffer

NYS (R-Erie/Genesee)

61stDistrict

25thDistrict

The Publication for and about New York State Government www.nycapitolnews.com


MOTHER NATURE HAS a new friend in Albany.“I am all about environmental stewardship and

community leadership,” said Frank Skartados, a Poughkeepsie businessman who defeated incumbent Tom Kirwan (R) by just under a thousand votes in January.

“We have to be realistic about things, but I think in diffi cult times it is important to make prudent in-vestments that will keep people employed and take care of our environment,” Skartados said.

One of the measures Skartados will push in the Assembly is to eliminate the sellback cap on net metering, a policy that allows property owners who produce their own electricity—through solar pan-els or wind turbines, for example—to sell excess power back to the grid.

“I want to show our farmers that we don’t just have to grow fruits and vegetables and so on, but we

can also generate some energy,” he said.Job creation is also high on Skarta-

dos’ agenda. The education, health care and social service industries employ by far the highest percentage

of people in each of the three counties represented in his Assembly district.

“In these diffi cult times, we have to look at the option of making some major

investments that will create jobs, because it’s ultimately about jobs,” Skartados said.

To do that, he suggests a study on creat-ing regional sewer and recycling systems. Sewer systems are now controlled

by individual municipalities, and Skartados said many near the Hudson River need repair. Some, such as Middletown’s, are incurring fi nes from the Environmental Protection Agency, he said.

“The New Deal, that’s what it was all about, major investments in times of need,” Skartados said.He also fl oated the idea of taxing the wealthiest New Yorkers to raise revenue in the short term.“Perhaps we have to tax some of the rich people that are making $500,000 a year or more,”

he said. “But everybody’s got to sacrifi ce.”Skartados is also in favor of heavily marketing upstate New York agricultural food products

and creating new industries around alcohol production. Skartados owns the Aegean Entertain-ment Center in Poughkeepsie, the self-proclaimed “largest entertainment venue between Albany and New York City.”

THE BIG NEWS about Nelson Castro during his campaign was his criminal history, including a pe-tit larceny conviction four years ago for collecting unemployment checks while he was working, and driving with a revoked license in March.

The revelations initially threatened to derail his primary campaign against Mike Soto, but turned out to be a non-issue.

“People were sympathetic,” Castro said, talk-ing about the petit larceny conviction. “They said, ‘things happen and you’re trying to do good things for the community.’ I’m not a criminal. I made a mistake, and it’s behind me and it’s been behind me for a long time.”

For his part, Castro, who has worked in the health care industry and was chief of staff for As-sembly Member Adriano Espaillat, focused his campaign on three platforms: improving educa-tion, maintaining social services for seniors and

improving apartment safety in the Bronx.

“The main problem is not so much the rent,

it’s the quality of life in the apartments and the buildings

where people live,” he said. “You walk into an apartment and

the apartment is falling apart.”The budget, of course, will oc-

cupy a good deal of Castro’s time early on. He supports at least part of Gov. David Paterson’s (D) proposal to raise taxes on everything from

soda to iPod music downloads.“I’m a stickler for health,” he said. “Especially in my district—I have a situation with

obesity in the youth. I think that would be a deterrent for parents and children, to buy more healthy products instead of the soda.”

To further raise revenue for the state, Castro supports an “inequitable tax table, where people that earn more would be taxed more.”

Castro is the fi rst Dominican-born person elected to state offi ce from the Bronx.“Within the community, they feel very proud,” Castro said “People feel it’s about time a

Dominican got elected in the Bronx.”

DATE OF BIRTH: January 25, 1972

BIRTHPLACE: Santo Domingo, Dominican Republic

RESIDENCE: Bronx, NY

EDUCATION: Attended Andrews University in Mich-

igan; Attended SUNY Empire State College


FAMILY: Two children

NYS

Nelson Castro(D-Bronx)

TONY JORDAN HOPES to help manage the state budget by trimming its edges, from reducing Medicaid fraud to merging redundant state agencies.

“If you simplify things, then you get your arms around them,” Jordan said.

The big number on Jordan’s mind is the estimated $4.5 billion taxpayers pay yearly in Medicaid fraud. With a litany of failed Medicaid-fraud bills in the Legislature and the state facing a $47 billion budget defi cit over the next four years, Jordan warned that if excess spending is not eliminated, municipal workers’ jobs may be at risk.

“Either we fi nd the waste and eliminate it, or the specter of job cuts becomes a reality,” he

said, adding that job cuts should not be a fi rst option.

Eliminating waste includes merging state agencies that serve similar functions, he said. As an example, Jordan suggested merging the state Insurance Department and the Banking Department into a single fi nance department.

Job creation in the private sector, especially upstate, will be another early focus for Jordan. One idea for reviving the upstate economy is to re-brand

the state’s organic products, including apples, maple syrup and cheese, to compete with other states in those markets, he said.

“When people think ‘Vermont,’ they think foliage, cows and open space,” Jordan said. “Well, that just described the 112th Assembly district.”

Jordan takes over for Roy Mcdonald, who was elected to the State Senate, entering an Assembly that has a solid Democratic majority and many members from New York City. But he said he is eager to hear all good ideas, no matter from which party or region they come.

“I don’t care who comes up with the right answer, but if somebody does, I will advocate for it as hard as I can,” Jordan said. “I think that’s the role for anyone, whether you’re new or old.”

86thDistrict

welcome to the big leaguesLAST YEAR, JANE Corwin helped get Chris Collins elected Erie County Executive as a treasurer for his campaign. This year, Collins encouraged her to run against incumbent freshman Republican Mike Cole for the 142nd District Assembly seat.

“There’s been a push to get people outside of the usual political circles into government,” Corwin said.

She picked a good time to compete. Cole had been stripped of his committee posts after allegedly spending the night with a female intern following a night of drinking. Another opponent, Jeffrey Bono, posed little threat.

Corwin’s previous experience is mostly in the private sector. She owned a family business that created talking phone books, sold the

company in 2004, and currently serves on the board of her

philanthropic foundation.Generally, she favors

reducing regulations on businesses and said that hospitals are struggling under Medicare regulations. Her hometown, Clarence, a mixed suburban and rural area, is doing relatively well

economically, she said.“It’s one of the only growing

towns in western New York,” she said.Corwin’s view toward economic reconstruction is improving the private sector. She

blames upstate New York’s enervated economy on a lack of opportunity for entrepreneurs.“There’s a very poor business climate in New York State,” Corwin said. “That is the cause

of our problems.”Unlike her new Democratic colleagues, some of whom have encouraged increased taxes on

the wealthy, Corwin believes that the recession will only worsen if taxes are increased at all.“What I need to do is go to Albany and fi ght for controlling spending and reducing taxes,”

she said. “Given the national fi scal problems that we have, it’s very, very important that we not raise taxes.”

DATE OF BIRTH: February 29, 1964

BIRTHPLACE: Tonawanda, NY

RESIDENCE: Clarence, NY

OCCUPATION: President, Philip M. and Jane Lewis

Corwin Foundation

EDUCATION: B.A. Albany State; M.B.A. Pace University


FAMILY: Married with three children

NYS

Jane Corwin (R-Erie/Niagara)

142ndDistrict

DATE OF BIRTH: September 9, 1964

BIRTHPLACE: Glens Falls, NY

RESIDENCE: Jackson, NY

OCCUPATION: Partner in Jordan & Kelly LLC

EDUCATION: B.A. University of Notre Dame; J.D.

University of Pennsylvania Law School


FAMILY: Married with four children

112th District

Tony Jordan

NYS

(R-Rensselaer/Saratoga/Washington)

DATE OF BIRTH: January 3, 1956

BIRTHPLACE: Astypalea, Greece

RESIDENCE: Milton, NY

OCCUPATION: Businessman/Owner

EDUCATION: B.A. SUNY New Paltz;

M.A. State University of California at Sacramento


FAMILY: One daughter

Frank Skartados

NYS

(D-Orange/Dutchess/Ulster)

100thDistrict

THE CAPITOL JANUARY 2009 19www.nycapitolnews.com

FOR ASSEMBLY MEMBER Grace Meng, the fact that her last two predecessors only served one term each is less disheartening than a cause for opti-mism. Where many might see a diffi cult political terrain, Meng sees more constituents voting and being involved in the political process.

“It’s a sign of a growing and maturing political community,” Meng said.

That community has only recently come to prominence. Flushing, with a continually boom-ing Asian immigrant population, only elected one of its own to the state Legislature in 2004: Jimmy Meng, the Assembly Member’s father, who served one term.

In the 2008 Democratic primary, Meng defeated incumbent Ellen Young with over 58 per-cent of the vote. Meng’s victory ushered in a new

era in the still-burgeoning political community as the fi rst American-born Asian elected to offi ce in the city.

Meng is using her elected offi ce to keep the second-generation Asian-Ameri-cans in her district engaged in politics.

During her fi rst days as an Assembly Member, Meng started a youth advisory board through her district offi ce where campaign volunteers and high school and college students meet once a month to discuss issues in the district.

Through students and American-born Asians, Meng is tapping into a successful small-business commu-

nity that is run by young entrepreneurs interested in serving their neighborhood.With the state’s economy in a slump and the budget strained, Meng wants to build relation-

ships with Flushing’s strong business community to assist in serving the district’s most vulner-able residents at a time when services are being cut.

“The community and businesses can be more creative and effective,” Meng said. “That’s a great way to help without using government resources.”

RONALD REAGAN. FRED Thompson. Arnold Schwarzenegger. Al Franken.

Add Miracle at St. Anna actor and new As-sembly Member Michael Den Dekker to the list of entertainer-politicians.

The transition is a natural one, according to Den Dekker, whose acting résumé includes sev-eral appearances in movies and television shows before his most recent minor role in Spike Lee’s 2008 World War II epic.

“I think experience in media or communication works well with any fi eld, if you can communicate with other people, regardless of what type of posi-tion you’re in,” he said of how he will apply his act-ing chops in the Legislature. “No matter what you do, whether you’re in sales or in management, just the ability to be able to do that is a plus.”

But that is not the only special talent he believes he will bring to the job, suc-

ceeding Ivan Lafayette, who in Sep-tember took a post in the New York State Insurance Department.

After the World Trade Center attacks, Den Dekker, then work-ing as a supervisor in the New York City Department of Sanitation, was dispatched to work in the Offi ce of Emergency Management.

“A lot of legislators who go to the state don’t understand the complexity of New York City gov-

ernment,” he said. “Just to see the web of overlapping services, it was very refreshing to fi nd that out, and also very useful.”

Den Dekker admits he probably will not be able to bring the goods to the 34th Assembly District as easily as Lafayette did. But there are several specifi c issues Den Dekker thinks he will be able to address without caseloads of money.

“What I am looking to try to do is to work on some of the problems that are in my com-munity,” Den Dekker said. “One that comes to mind immediately is to track the congestion problems that we have.”

The solution to congestion in his district could be as simple as retiming traffi c lights, Den Dekker said. He said sewer and storm drains also need more attention from the Department of Environmental Protection.

The budget will be the big issue this session, and Den Dekker said he hopes to bring a “mid-dle-class common-sense attitude, that when they start proposing these various taxes, that they talk about how it’s going to affect the people who live in the Jackson Heights-Woodside area.”


BIRTHPLACE: Jackson Heights, NY

RESIDENCE: East Elmhurst, NY

OCCUPATION: New York City Council Facilities Manager

EDUCATION: Monsignor McClancy Memorial High

School, Attended SUNY Farmingdale

PREVIOUS OFFICE HELD: New York City Council

Facilities Manager

FAMILY: Married with four children

NYS

Michael Den Dekker (D-Queens)

welcome to the big leaguesTHERE HAS NOT been an Assembly member from the 40th district in Brooklyn since Diane Gordon was convicted of bribery and forced to vacate her seat in April. Now, after win-ning a solid victory in the primary and beating nominal opposition in the general election—but despite losing a bid to have the court seat her early—Inez Barron says she is ready to make up for lost time.

Barron has been a community and political activist for most of her life—from demonstrat-ing against segregation at Woolworth’s in the early 1960s to participating in the Mississippi Freedom Summer, to assisting in stopping a company from constructing a wood-burning incinerator in her Brooklyn neighborhood.

“We’re part of a global society and when we see injustices and see things that are wrong we need to speak against

it,” she said.But until this year, Barron,

whose husband Charles is on the New York City Council, had never tried for public of-fi ce. Until getting into elected life herself, she worked in New

York City public schools as a teacher, assistant principal and principal, among other positions.

Naturally, then, the condition of the city’s schools is at the top of her agenda. In addition to seeking

to enforce a mandate on limited class sizes, Barron said she is against high-stakes testing and favors a more “holistic”

approach to learning.On the budget, Barron favors a 2-percent income tax increase on individuals making

$500,000 or more per year. “I certainly understand it’s a hard time for everyone, but I think they’re a group of people

who can most bear paying more out of their resources,” Barron said.Despite the tough economy, Barron is optimistic about the state’s future and added that

she is excited to have the fi rst African-American president and fi rst African-American gover-nor of New York.

“This is an opportunity for great change,” she said. “People have got to be open to design-ing things in a new way.”

DATE OF BIRTH: Feb. 16, 1946

BIRTHPLACE: Brooklyn, NY

RESIDENCE: Brooklyn, NY

OCCUPATION: Teacher/Principal

EDUCATION: B.A. CUNY Hunter College, M.A. Bank

Street College of Education


FAMILY: Married with two sons

NYS

Inez Barron(D-Brooklyn)

DATE OF BIRTH: Oct. 1, 1975

BIRTHPLACE: Manhattan

RESIDENCE: Flushing, Queens

OCCUPATION: Attorney

EDUCATION: B.A., University of Michigan; J.D.,

Yeshiva University Cardozo School of Law


FAMILY: Married with one son

Grace Meng

NYS

(D-Queens)

34thDistrict

40thDistrict

A NATIVE OF New York’s North Country, Addie Jenne Russell championed the prospect of using green energy to create jobs and promote eco-nomic development in the state throughout her campaign for the Assembly seat that has been vacant since Darrel Aubertine (D) was elected to the State Senate last February.

“I think biomass is something we really should be looking at,” Russell said in an inter-view. “We certainly have a lot of ability to grow things up here and I think we need to harness the energy that grows around us.”

The entire process of producing biomass fuel—from manufacturing plants to research and development to producing the raw mate-rial—will create jobs, Russell said.

Though Russell enters the Legislature at a diffi cult economic juncture, she said she looks forward to using job growth opportunities in

alternative energy to lift the state out of recession.

“We have a tre-mendous amount of potential especially

with this wave of emphasis on green energy,”

Russell said. “I think we are poised to help out the state and the nation in becoming more energy-independent.”

But that is not the only input she has for the budget.

“First, I plan to work on the upcoming budget defi cit with my colleagues and with the governor’s offi ce and the senate to try to stabilize the state’s economy,” she said.

She did not rule out tax hikes, but said her work at the county level in the Jefferson County Legislature allows her to understand the impact of higher taxes, especially property taxes.

“Increasing taxes in general is something we’re likely going to have to do, but it’s not the complete answer,” she said, adding, “I don’t believe we should be focusing on any one type of tax or fee.”


BIRTHPLACE: Watertown, NY

RESIDENCE: Theresa, NY

OCCUPATION: Assembly Member

EDUCATION: B.A. SUNY Albany 2000; J.D. Syracuse

University College of Law 2003

PREVIOUS OFFICE HELD: Jefferson County

LegislatorFAMILY: Married with one son

Addie Jenne Russell

NYS

(D-St. Lawrence/Jefferson)

118th District

22ndDistrict

Documents

The January 2009 Legislative Issue of The Capitol