Nick Reisman

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Silver: Minimum Wage An Issue To Run On

Assembly Speaker Sheldon Silver told reporters this afternoon that an increase of the minimum wage could be a strong issue for Democrats — especially Senate candidates — running this fall.

Silver, speaking to reporters following the Red Room news confernece on the NYRA overhaul, was asked if the measure’s failure to pass could be used as a re-election issue for Senate Democrats come November.

“I think it’s an issue,” Silver said. “I think it’s an absolutely significant issue as you go into various parts of the state and discuss the issue.”

The Democratic-led Assembly approved a $1.25 hike to the state’s minimum wage, raising it to $8.50 and then tying future increases to the rate of inflation.

Senate Republicans have balked at the measure and this afternoon Senate Majority Leader Dean Skelos, R-Nassau County, ruled out passing any minimum wage increase this legislative session in a brief question-and-answer session (he had previously hedged by saying he would only rule out passing Silver’s bill).

Cuomo has come under fire from some liberal advocates for not strongly pushing for the bill, which he says he supports but blames the gulf between Republicans and Democrats in an election year.

Silver continues to blame Republicans for the blockage, not the governor.

“I think the governor’s done what he can,” Silver said. “He can’t take out a stick and hit them.”

Silver also ruled out passing the Republicans’ tax-cut package, which includes a series of phase-ins for various cuts and incentives.

“I don’t think we can afford to do tax cuts this year,” Silver said.

State To Assume Control Of NYRA Board

Gov. Andrew Cuomo announced a sweeping reorganization of the New York Racing Association today, a move that paves the way for a government control board for the remainder of the governor’s current four-year term that will tackle a variety of issues within the beleaguered sport.Cuomoracing

The new 17-member board, reduced from the current 25, will include seven appointed by Cuomo, four from the Legislature and five from the current NYRA board.
A board chairperson will be nominated by the governor and subject to NYRA’s approval.

The overhaul comes after former NYRA President and CEO Charlie Hayward and chief counsel Patrick Kehoe were fired after it was revealed they may have had direct knowledge that the public benefit corporation was violating state law for not lowering pari-mutuel take out rates on exotic bets.

The agreement, signed off on by NYRA, is subject to broader legislative approval.

At a news conference in the governor’s Red Room with Senate Majority Leader Dean Skelos, Assembly Speaker Sheldon Silver and NYRA board members, Cuomo said the plan was needed to overhaul the troubled racing industry’s public reputation.

“This is not a new situation,” Cuomo said. “Our job in government today is how do you fix it.”

A “national” search will be conducted to find replacements for Hayward and Kehoe, the governor said.

Cuomo also said the new board would tackle drug use in the horse racing industry as well as deaths of thoroughbreds at the state’s race courses overseen by NYRA. Cuomo also indicated that the board may look into the permanent hires the association made after Hayward and Kehoe were fired.

“There have been a series of episodes that have shaken the public trust,” Cuomo said. “If we have a racing industry that provides for consumer confidence, I think we can have an industry that is significantly improved.”

He also sought to temper concerns that the temporary take over was a power grab on the part of the administration. The board reverts to private control after three years.

“Government should not be in the horse-racing management business long term.,” Cuomo said.

It’s unclear if the new government-run board will be subject to the state’s open records laws, Cuomo said. But Skelos said the board would operate in daylight.

“With this new composition of the NYRA board we’re going to see an increase in transparency,” Skelos said.

The overhaul comes as New York will host the the third-leg of the sport’s Triple Crown. With I’ll Have Another, The Belmont Stakes on June 9 may see the first Triple Crown winner since Affirmed achieved the feet 34 years ago.

Cuomo said the announcement of the overhaul with the loomin Belmont Stakes was coincidental. He added that he would attend the race if his schedule allowed.

State’s Primary Now On Sept. 13

Without much fanfare, Gov. Andrew Cuomo signed legislation yesterday that changed the state’s primary from Sept. 11 to Sept. 13.

The bill had been swiftly approved by the Republican-led Senate and Democratic-controlled Assembly after firefighters, police and other first responder groups lobbied lawmakers to make the change.

Senate Majority Leader Dean Skelos said earlier this month he was conflicted on the matter.

“You really want to keep it on September 11 so those murderers don’t win,” he said.

But after speaking with police, firefighters and victims’ families who requested the change, he backed the legislation.

Skelos said at a news conference, “They indicated to me and they’re right that this is such a personal thing for police, firefighters, so many people in this state and obviously in this country, memorial services that will go on forever, that they just asked if we could change it to the 13th and I think it’s a very reasonable request and we’ll do it.”

Still, lawmakers could not agree on a unified primary date for state and Congressional primary elections. A federal judge ruled federal primaries must be held on June 26 in order to comply with a federal law governing access to military ballots.

Biz Groups Mail On Out Of Network Coverage Bill

A coalition of business groups is pushing Senate Majority Leader Dean Skelos and Assembly Speaker Sheldon Silver to not approve a measure that the groups say would establish minimum payments for doctos who do not participate in a network health plan.

The bill’s sponsors say the measure adds greater transparency for paitents and the insured by requiring standardized disclosure of health insurance companies’ out-of-network payment policies.

In the letter sent this week, the groups contend there is a hidden cost in the measure that would mean an increase in premiums for all of the insured.

When a provider is not in a health plan’s network, they are free to charge a patient any amount they believe they are entitled to. This bill (S.5068A/A.7489B) establishes a minimum payment for all non-participating doctors, which not only creates a strong incentive for additional doctors to not participate in health plan networks. Moreover, the bill fails to address the doctor turning around and billing the consumer for any amount they desire. The result is a windfall for the doctors and an increase in the cost of premiums for all of us.

But lawmakers in the bill’s accompanying memo say the legislation would provide greater information to the insured when receiving out-of-network care.

The measure has same-as versions in the Senate and Assembly.

The full memo and bill’s text, can be found here.

Out of Network Group Letter

Diaz Smells A Rat!

In another installment of Sen. Ruben Diaz Sr.’s “What Your Should Know” emails, the Bronx Democrat ruminates on who is spreading the notion that Senate Minority Leader John Sampson won’t be in charge of the Democratic conference come 2013, with his finger pointing at Gov. Andrew Cuomo.

As blogged earlier, Ken Lovett’s Monday column noted Sampson, D-Brooklyn, is unlikely to lead the conference come 2013, even if the Democrats regain the majority.

But Diaz suggests that a number of ambitious lawmakers — his fellow Democratic conference members — are thinking of launching an attempt to gain control next year.

And Diaz says he sees the long arm of Cuomo as well.

You should know that as soon as I read the article, I went around asking people, “Who do you think is this high ranking source plotting to knock Sampson out?” It is interesting to see all of the names that people mention, starting with Jeff Klein, Liz Krueger, Mike Ginaris and – now hold on to your hats folks – Governor Andrew Cuomo.

Out of all of them, Andrew Cuomo is the most frequent name mentioned. Even during our Democratic closed-door Conference, his name was mentioned by most of the Senators. To many, this plot is an act of desperation by those who already visualize a victory in November by the Democrats when the Republicans (will probably) lose their Majority and control of the Senate.

Diaz also says that the behind-the-scenes relationship between the Senate Democratic leadership and the governor is toxic due to the perception that the second floor has sided with Republicans on nearly every issue.

Diaz notes that if Sampson were to become majority leader, it would be a direct threat to Cuomo’s ability to govern.

“They say that Sampson will be back as Majority Leader with all of the experience and know-how he has obtained by the mistakes committed back when we were in the Majority. He will be a bionic reconstructed man, better, faster, and stronger. Knowing very well now, who are the friends and who are the enemies and that my dear reader will be a threat to the Governor and to those who have been having tons of fun with our Conference.”

The email was blasted out just as Sen. Mike Gianaris told Fred Dicker on Talk-1300 that he backed Sampson’s leadership this year, but did not take a firm stance on whether the Brooklyn Democrat would be in charge next year.

“Things change rapidly around here,” Gianaris told Dicker.

The full email is after the jump. More >

Gianaris Backs Sampson’s Leadership (For Now)

Sen. Michael Gianaris repeatedly insisted on Fred Dicker’s Talk-1300 show this morning that he backed Senate Minority Leader John Sampson as the head of the Democratic conference.

And next year? Well, that’s a long way off, Gianaris told Dicker.

“You’re talking about what’s happening next year, that’s like me asking you what you’re doing for New Year’s Eve,” Gianaris said.

Speculation that Sampson, D-Brooklyn, wouldn’t be leader even if the Democrats regain the majority increased this week after Ken Lovett’s column on Monday expanded on the subject.

Gianaris in the radio interview said Sampson had the confidence of the conference.

“It’s a distraction,” Gianaris said. “Republicans want to stir the pot. If that had changed, he wouldn’t be the leader today.”

The Queens Democrat took a number of digs at Republicans, and gave his own conference credit for forcing the GOP’s hand on the tax-code overhaul in December and same-sex marriage (I’m sure Gov. Andrew Cuomo’s folks would argue that he had something to do with those items as well).

It’s unclear if Cuomo will campaign actively for the Senate Democrats, a fractured and disorganized conference that spent a two dysfunctioal years in the majority before losing power in 2010. Cuomo has worked well with the 32-member GOP conference, though Gianaris said in the interview that the popular Democratic governor was essentially fighting with one hand tied behind his back.

“In that environment he’s managed to achieve those accomplishments,” he said.

Whether Cuomo actively campaigns for Senate Democrats this year is unclear. He has repeatedly said that he’s focused on governing and can’t risk the good public relationship he has with GOP leaders.

“We’re hopeful and optimistic that he’ll be a great asset moving in to November,” Gianaris said.

Cuomo Official: Justice Center Will Be Independent

The Cuomo administration this afternoon denied that the proposed Justice Center that would oversee abuse and neglect cases involving the developmentally disabled wouldn’t have an independent reporting component.

Earlier in the day, Speaker Sheldon Silver said he was concerned the bill that would overhaul the reporting and care system’s bureaucracy would not require independent reporting of cases.

In a prepared statement released by Cuomo’s office in response, Deputy Secretary for Health James Introne said the administration is taking steps to create an “independent watchdog” that Silver referenced.

“The Administration has already begun the process to create the independent watchdog the Speaker is referring to by establishing a first-ever outside not-for-profit organization to monitor the system, advocate for the rights of people with special needs and disabilities and recommend future systemic reforms,” Introne said in the statement. “In addition under the Governor’s proposed legislation every provider will be required to have an incident review committee, which would include representatives of families, consumers and advocates, to review the adequacy of investigations and proposed changes to prevent similar incidents in the future.”

The Democratic-led Assembly is yet to pass the measure, which sailed through the Republican-controlled Senate last week.

Silver said to reporters earlier today that he backed the bill’s broad framework, but said the lack of independent reporting was a roadblock.

Wager Launches New Assembly Run

Rich Wager is launching a new bid for state Assembly he annonuced today, setting up what for now is a three-way GOP primary in the Hudson Valley district.

“I am 100% committed to representing the families of Dutchess County in the New York State Assembly because my family and my neighbors’ families cannot afford another Democrat in Albany taking marching orders from Shelly Silver,” Wager said in a statement. “Mr. Silver’s high taxes and job-killing government regulations have badly damaged a robust economy in the Hudson Valley that sustained generations of my family before me. I love Dutchess County and it deserves a tough, common sense legislator representing its residents in Albany.”

Wager lost narrowly to Democratic Assemblywoman Didi Barrett earlier in the year in a special election to replace Marc Molinaro, a Republican who was elected Dutchess County executive.

Wager previously launched a short-lived campaign for the 20th Congressional district.

His entrance pits him against former Assemblyman Patrick Manning, a one-time Republican gubernatorial candidate whose candidacy may be challenged due to residency issues. Also running on the Republican side is Kieran Lalor, who today released a statement touting his poll numbers.

The survey, which did not feature Wager, found Lalor defeating Manning 31 percent to 14 percent.

“The results prove that hard work pays off. Lalor has personally knocked on two thousand doors and our volunteers have made more than 5,000 phone calls,” campaign manager Mary Covucci said in a statement. “As anticipated, Lalor is strongest in towns where he has knocked on doors and where we have made calls.”

Silver: GOP Will Fold Wage Hike

Assembly Speaker Sheldon Silver said he still expects the Republican-led Senate to take up an increase of the state’s minimum wage, though he downplayed any need for Gov. Andrew Cuomo to lobby for the measure.

“It’s not a matter of pushing harder,” Silver told reporters before speaking at a disability awareness event in the Legislative Office Building. “The public is pushing harder. The polling indicates indicates 78 percent of the public is in favor of it and I don’t think the Senate can sustain their opposition.”

Earlier in the day, Cuomo told Susan Arbetter that he did not expect the Senate GOP to take up the legislation this year.

“He’s just making a prediction,” he said. “He’s a great governor, I’m not sure he’s a great prognosticator.”

The Democratic-controlled Assembly already approved a measure that would increase the state’s minimum wage from $7.25 to $8.50 and then tie future increases to inflation.

Senate Majority Leader Dean Skelos has called that proposal a job killer, but asked earlier this month if he was ruling out any increase of the minimum wage this session, the Long Island Republican only said he would not take up “Silver’s bill.”

Meanwhile, Cuomo is pushing for an overhaul of the state’s treatment of the developmentally disabled and while that measure has passed the Senate, the Assembly is yet to take it up.

Silver told reporters today that he wanted more independent oversight and reporting.

“We have concerns about it obviously being a totally internal process and there is no outside review,” he said.

Silver added that “a number of concerns” have been communicated to Cuomo’s office, but did not specify.

He said he had not heard about the reported deal being asked for by the Civil Service Employees Association, which the union denied was the case this morning.

AGC Counterpunches Trial Lawyers (Updated X2)

The Associated General Contractors are blasting the New York State Trial Lawyers Association over the campaign to reform the state’s Scaffold Law.

In a letter to state lawmakers, AGC says the trial lawyers’ ad was so “inaccurate and intelluctually dishonest” that it merited a responses.
The Trial Lawyers’ ad, which first appeared in City and State, is below.

AGC is part of a coalition trying to overhaul the state’s Scaffold Law, which holds businesses responsible for an accident that occurs on scaffolding, multistoried buildings or an elevator or stairway.

AGC has been pretty aggressive in countering attorneys’ claims about the measure during the extended lobbying campaign, either through ads like this one below or in letters to the editor.

Update: The Trial Lawyers have their response in a letter to AGC. The association notes what they say is the importance of the Scaffold Law for worker safety.

I was disappointed to see a flier that your organization has distributed (recently published on the State of Politics website) which makes dishonest and derogatory attacks on the legal profession and – far worse – is intentionally misleading about New York State’s Scaffold Law.

As you well know, the Scaffold Law is an essential worker safety protection that gives employers a real incentive to maintain a safe work environment. The Scaffold Law is based on a fundamental premise – that those who control a construction site are best able to monitor and ensure worker safety. Under these laws, construction companies are simply required to provide appropriate safety equipment and training at work sites.

NYSTLAScaffoldLawAd

Scaffold Reform Flyer