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Legislature Grows More Conservative On Cuomo’s Watch (Updated)
Oct 5th - 12:40 pm
The state Conservative Party released its annual legislative rankings today and reported that both the Senate and Assembly improved their overall standing during the 2011 session despite voting in favor of the legalization of same-sex marriage – an issue the party vehemently opposed.
For this analysis, the party considers how lawmakers voted on 25 key bills, which this year included everything from budget bills to the so-called “sippy cup” bill. (The read the full list of Senate bills, click here; for the Assembly bills, click here).
“A review of the twenty-five bills we used in this year’s ratings will show voters where the legislature is erroneous and some show where they have helped New Yorkers”, said Conservaitve Party Chairman Mike Long.
“The ratings give voters a scorecard on how their individual legislator voted and how many times they force local governments – reeling from unfunded mandates – to raise taxes or nanny state proposals that interfere in how we choose to live our lives…As long as voters continue to hold Legislators responsible, we believe New York will become a business friendly place that people no longer have to flee in order to save on taxes.”
The GOP-controlled Senate’s rating was 51.22 percent – up 13 percent from 2010. The 36.5 percent rating for the Democrat-dominated Assembly was up 9.28 percent from last year.
As you’ll recall, Long endorsed former Rep. Rick Lazio during the 2010 campaign – a move that helped Lazio out-manevuer state GOP Chairman Ed Cox’s preferred candidate, Suffolk County Executive Steve Levy. But the Democrat-turned-Republican Levy failed to get onto the ballot at the GOP convention, and Lazio was defeated in the primary by Buffalo businessman Carl Paladino, leaving both Long and Cox with ltitle choice but to back the mad-as-hell wildcard against Democrat Andrew Cuomo.
And we all know how that turned out.
Since then, Long has said some positive things about Cuomo – particularly when it comes to fiscal conservatism and closing the $10 billion budget deficit without raising taxes. He was, as I mentioned, very opposed, however, to the governor’s successful push for same-sex marriage.
The highest-scoring senator was Greg Ball, a Hudson Valley Republican who cast votes approved by the Conservative Party 80 percent of the time. (Remember: Ball was one of several on-the-fence senators during the same-sex marriage debate and pushed for broader religious exemption language. In the end, however, he voted “no”). Of senators who ran with the Conservative Party’s endorsement last year, Tim Kennedy, a Buffalo-area Democrat, had the lowest ranking with 48 percent.
The highest-ranked Assembly members were two freshman Republicans, Claudia Tenney, (115th AD), and Donald Miller, (121st Ad), both of whom clocked in with a whopping 92 percent.
UPDATE: Just to be clear, in a brief telephone interview just now, Long assured me he has not “softened my position” on gay marriage, and still believes those who voted “yes” don’t deserve to run on Row C next year. However, he thought it would “not be fair” to simply give those lawmakers zeros in this year’s ratings, which are intended to provide party members with a broad overview of legislative performance.
Silver’s 2012 Priorities (Updated)
Oct 4th - 2:17 pm
Assembly Speaker Sheldon Silver sat down with me this morning for an extended interview that will air tonight on CapTon at 8 p.m. and 11:30 p.m.
Topics of discussion included, but were not limited to the follow: The millionaire’s tax, redistricting, the tax cap, mandate relief, the expansion of non-Indian gambling, the PEF contract, whether the Legislature will return to Albany prior to January and the 2012 session.
As you’ll recall, this year’s session was unusually successful from Gov. Andrew Cuomo’s perspective, as he got both houses of the Legislature to agree to things their majorities had heretofore rejected (namely, the legalization gay marriage for the Senate GOP, tax cap for the Assembly Democrats and ethics reform for everyone).
In fact, Cuomo was so successful during 2011 at achieving the agenda he had laid out during the 2010 campaign that it’s unclear what’s left for him to accomplish next year. The governor has yet to express what his 2012 focus will be, other than to say he wants to make government more efficient.
As for Silver, his priorities remain largely the same:
“I would like to see an increase in education aid in this state,” the speaker told me.
“I think school districts are hurting and students are suffering as a result in the terms of their educational opportunities, and I would like to see our higher education facilities improve dramatically. We have been taking money from them for a long time, and I think the debate over the reduction in taxes in fact for millionaires, starting on January first, will be a significant part of the early debate next year.”
Silver also spoke of a potential “bipartisan” – not independent, mind you – compromise on redistricting. He didn’t get too specific, and I’m not sure that’s going to be enough to stave off Cuomo’s promised veto.
The speaker did admit, however, that whatever LATFOR comes up with is not going to do the trick. But, he reasoned, it’s the only game in town at the moment, so it makes no sense to stop it now.
UPDATE: A GOP reader reminds me that Cuomo told Karen DeWitt the following last week: “To the extent that there is a situation where people would want to compromise, fine. And I think there are conversations that are going on now.”
The governor also said that to have this end up in court because he chooses to go the veto route would cause “chaos and confusion.” But he also said he won’t back away from his refusal to accept gerrymandered districts, which doesn’t leave all that much room for compromise.
GOP: Prison Count Law Would Create Two Census Surveys
Oct 4th - 1:36 pm
A lawyer for the six Senate Republicans challenging a 2010 law that would count prison inmates as residence of their last known address would have the effect of creating two separate Census counts.
David Lewis, the lawyer arguing the case on behalf of a group of Senate Republicans, said in Albany County Court today that notioj of two separate surveys — he called one a “sub census” — is unconstitutional.
“This process and statute doesn’t follow the Census,” Lewis said. “It creates its own Census.”
Steve Kerwin of the state attorney general’s office, however, argued that was taking “too narrow” a view of the Census law, adding that the Senate GOP “faces a nearly impossible standard.”
The arguments boil down to whether prisoners are permanent residences of their facilities. Senate Republican lawyers argue they should be counted as to where they are April 1, the so-called enumeration day for the Census.
But Kerwin notes that prisoners are unlike other transient populations like college students or residents of nursing homes, who tend to be more involved in a community and are their voluntarily.
“The involuntary nature of their confinement is the difference,” he said.
Judge Eugene Devine heard a roughly 90-minute series of arguments from Lewis, along with defendant lawyers from the attorney general’s office and intervenors for Citizens Action and the Brennan Center for Justice.
Devine’s ruling in the case is expected by early December, though he could potentially rule earlier. Without a doubt and no matter the outcome, it will be quickly appealed to the Court of Appeals, the state’s highest court.
At the heart of the case is whether the prison count law, which would affect boundaries for the state Legislature, can move forward. LATFOR, the committee of lawmakers charged with redrawing legislative boundaries by early 2012, is following that law right now as it redraws lines despite the court challenge.
The stakes are huge in the case known as Little v. LATFOR. The Senate is narrowly divded 32-30 and with so many prisons in the upstate region, the law will have a major impact on the size and shape of state legislative boundaries.
Pataki Plays It Safe In NY-19
Oct 4th - 1:28 pm
Former Gov. George Pataki, who has stepped up his fundraising game on behalf of fellow Republicans now that he’s decided to forgo another White House run, is asking his supporters to help re-elect Rep. Nan Hayworth in NY-19 next fall.
In an email being sent out last night, Pataki noted his support for Hayworth in 2010 when she ousted former Democratic Rep. John Hall, saying she has “diligently and conscientiously represented you with a fiscally responsible philosophy” ever since.
“She is a proven tax-cutter who sincerely believes that our economy needs more reliance on the individual, more competition, and more freedom for our small businesses that create jobs and opportunity for Americans,” Pataki wrote.
“…Nan is eager to keep taking on the challenges of Congress and the 19th Congressional District; and will keeping fighting for fiscal integrity and sound budgetary policy.”
“But Nan needs our help. The opposition has already launched negative attacks against Nan and will spend millions trying to scare voters by distorting her record.”
“It is especially critical that Nan has the financial resources to fight back. Now more than ever, New York needs Nan – a mother, a doctor – someone who understands that in order to improve our economy we must stick to fiscal conservative principles.”
I tweeted about this yesterday, and a reader reminded me of a post I wrote last February about Pataki co-hosting a fundraiser for GOP Sen. Greg Ball, who has been very critical of Hayworth lately and is speculated to be mulling a potential primary challenge next fall.
Ball has so far insisted he’s not interested in running for Congress, (I’ll be asking him again when he appears on CapTon this evening), but there’s some precedent here.
Ball initially announced his intention to challenge Hall back in 2010 before switching gears and announcing a run for the state Senate instead. He actually did so before the man who was currently occupying the seat he wanted – then-Sen. Vicent Leibell – had even indicated if he was going to be seeking re-election.
In the end, Leibell ran – successfully – for Putnam County executive, but pleaded guilty to two counts of federal corruption and never took office.
Ball, who was not the GOP’s preferred candidate, defeated a fellow Republican, Somers Town Supervisor Mary Beth Murphy, in a September primary and then went on to beat Democrat Mike Kaplowitz in November.
Court To Hear Opening Arguments In Little V. LATFOR
Oct 3rd - 3:55 pm
Opening arguments in a case that could have broad implications for how the state’s legislative districts are apportioned and how policy is approved will be made tomorrow in Albany County Court at 10 a.m.
Lawyers for a group of Senate Republicans will square off primarily against the state attorney general’s office in Little V. LATFOR.
The lawmakers are challenging a 2010 law that counts prisoners as residents of their previous address, a measure that was inserted into the 2010-11 state budget.
The court will likely hear from several side groups, including Center for Law & Social Justice, the NAACP Legal Defense Fund and the Brennan Center. Judge Eugene Devine, a Democrat, has 60 days to issue a ruling in the case.
In addition to determining whether the law itself is constitutional, a ruling could determine whether the governor, who already has broad budgetary powers, can insert policy into a spending plan.
Senate Republicans, who hold a narrow 32-30 majority, stand the most to lose from the law being upheld. Most state and federal prisons are in the upstate region, which is predominantly represented by Republican senators.
The Assembly released a look at what the new population count would mean for Senate districts, with 26 of 30 seats held by Democratis receiving a population gain.
Democrats pushed the measure into the law while they were in the Senate majority in 2010, partially as a means of insurance during the redistricting process.
LATFOR, the lawmaker-led commission charged with redrawing state and federal boundaries, has said it would draw lines based on the new law, though initially members hesitated citing the lawsuit.
Of course, this could be moot as Gov. Andrew Cuomo has vowed to veto lines drawn by LATFOR, though has suggested there’s room for negotiating with lawmakers.
Cuomo wants an independent commission to redraw legislative boundaries, but since the new lines must be in place by early 2012, it’s unlikely to be created in time.
Klein Says More Work Needed On Four Loko
Oct 3rd - 1:07 pm
Sen. Jeff Klein, scourge of the alcopops, today praised an agreement struck between the Federal Trade Commission and FourLoko that would require the drink maker to repackage and relabel the can.
But Klein, the Bronx Democrat who leads the Independent Democratic Conference, says the agrement does not address keeping the sugary malt beverage out of reach from youngsters.
“The FTC’s actions are a further recognition that Four Loko is a potentially dangerous product. However, these new requirements, while consistent with some of the issues discussed in the preliminary report on Alcopop abuse that the Senate Standing Committee on Alcoholism & Drug Abuse released this past summer, do not address our main concern: Keeping Four Loko and other super sweetened, high-alcohol beverages out of the hands of minors. This topic remains part of an active investigation by the Committee.”
The FTC alleged that Chicago-based maker of Four Loko, Fusion Projects LLC, deceptively claims its 23.5-ounce cans contains alcohol equivalent to one or two regular 12-ounce beers, when it’s actually more like five cans of beer.
The settlement announced today by the FTC requires the company to use only reseabled containers for flavored malt beverages that have more alcohol than the equivalent of 2-1/2 regular beers.
The commission is also requiring the company to accurately advertising the alochol content of any beverage, which includes prohibiting the depiction of people drinking directly from a can that has more than the equivalent of 2-1/2 beers.
Klein has been a vocal opponent of alcopops and sought a ban on the caffeinated form of FourLoko in New York.
Blast From The Past
Sep 28th - 2:37 pm
Compliments of The Brooklyn Politics blog, we bring you an unusually candid peak inside the Senate Democratic conference.
It’s an oldie, but a goodie.
Shortly after the 14-minute mark of an extended interview you can access by clicking the above link, Sen. Diane Savino provides details of the heated exchange that took place between herself and Sen. Kevin Parker back in February 2010 (not 2009, as the blog reports) while the Democrats were discussing whether to expel then-Sen. Hiram Monserrate after he was found guilty of a misdemeanor assault charge.
The verbal altercation almost became physical (Parker has a bit of a history), but Sen. Jeff Klein and then Majority Leader Pedro Espada Jr. interceded. Savino said she thought at the time that Parker had “lost his mind.”
She also couldn’t help but note “the irony that he’s coming at me defending a guy who was about to be expelled from the Senate for slashing a woman’s face with broken glass,” adding: “It just didn’t seem to make any sense.”
Much as happened since then.
The Democrats lost control of the chamber. Both Monserrate and Espada are long gone. (Monserrate was expelled, and Espada was defeated in a primary by Sen. Gustavo Rivera). Savino, Klein and two of their colleagues – Sen. David Carlucci and David Valesky – left the minority and formed their own conference, the IDC.
Savino’s recollection of the exchange, which appears in full after the jump, just goes to show you how far the Democrats have come since their extremely dysfunctional days in the majority.
Although that’s not to say they don’t still have their work cut out for them as they prepare for a re-match in hopes of wresting control of the chamber back from the GOP in 2012.
Saland Gets A Dem Challenger, Officially
Sep 27th - 9:14 am
Sen. Steve Saland, a Hudson Valley Republican whose profile rose considerably this summer when he joined the Democrats to provide a deciding vote on the gay marriage bill, has his first 2012 opponent.
The challenger is not a fellow Republican, although there have been threats that the four GOP senators who voted “yes” on Gov. Andrew Cuomo’s same-sex marriage bill will face primaries and potential third party opponents on the Conservative line supported by anti-marriage organizations like NOM.
Rhinebeck Village Board Terry Gipson is a Democrat and a gay marriage supporter. According to the email he sent supporters this morning, he is challenging Saland in hopes of bringing “new energy” to Albany.
“Like so many in my district and all across the state, I have had my fill of Senators who have been in office for decades and are just not up to or willing to solve the diverse set of real problems that exists for our middle class and working families,” Gipson wrote.
“The truth is, by virtue of their having been in Albany for so long, they are actually a big part of the problem.”
(Saland has been in the Senate since 1990. He served 10 years in the Assembly prior to his successful run for a seat in the upper house).
Gipson’s announcement is not a surprise.
He has spent the past five months criss-crossing the 41st Senate District (the boundaries of which are expected to change prior to the 2012 election) and signaling his intent to run. Among the issues he plans to focus on: Hydofracking.
Cuomo has said he will speak out in favor of the GOP senators who took a political risk in voting “yes” on the gay marriage bill, but he has not indicated he will offer a full-throated endorsement. (In some cases, that would probably do more harm than good anyway).
Interesting aside: The contact for Gipson’s campaign is Brian Keeler, a reform-minded blogger whose resume includes a stint working for the Senate Democrats during their brief turn in the majority and a failed Senate run – against Saland – in 2006. (Thanks for the reminder, reader).
Maziarz Suspects Senate Will Return In ’11
Sep 23rd - 2:54 pm
ICYMI: Sen. George Mazairz told me during a CapTon interview earlier this weel that he would be surprised if the Senate doesn’t return to Albany to address unfinished business before the year is out.
Maziarz was in town Wednesday to preside over the first-ever meeting of his Select Committee on State-Native American Relations.
He stopped by our studios on the way back to WNY to chat about the meeting as well as several other pressing issues, including the apparently dead GLOW (Great Lakes Offshore Wind) project, redistricting and the potential additional of a 63rd Senate seat, among other things.
Maziarz noted that the Legislature has yet to approve the PEF contract (voting is ongoing and the ballots aren’t scheduled to be tallied until next Tuesday), and also hasn’t addressed the health care exchange bill passed by the Assembly before the end of the regularly scheduled session in June.
Majority Leader Dean Skelos hasn’t expressed much interest in returning to Albany, nor has the governor indicated plans for a special session, but it’s only September.
“I don’t know if we’re coming back or not; I suspect we will though,” Maziarz told me. “I think the CSEA and PEF contracts have to be approved by the Legislature…if PEF approves, I think we have to do that.”“And the governor is going to have, again, this isn’t up to me, it’s more up to Senator Skelos, but the governor clearly, I think he must have a list of confirmations that are going to be waiting. And I’m certain that there are discussions that are going on about that. I would think it would be very unusual if we did not come back.”
(Maziarz got a little mixed up there about the CSEA contract timing. But that deal was reached between the union leaders and the governor before the Legislature left town for the summer, so it was actually approved, while the PEF contract took longer to nail down).
Senate Holds ‘Historic’ Hearing On Indian Affairs
Sep 21st - 12:39 pm
The word “historic” was used multiple times this morning as the Senate Committee On State-Native American Relations convened for the first time in Albany, as leaders of Indian nations from around the state testified to lawmakers.
But despite the good feelings, several thorny issues were hanging over today’s hearing. That includes the potential of the state constitution to be amended in order to expand table games and the ongoing efforts by the state to collect cigarette taxes sold on reservations.
These are complex matters, as Gov. Andrew Cuomo acknowledged on Monday, and said he was still thinking about a constitutional amendment for casino gambling, but did not say he would push the Legislature to back such a measure.
Seneca Holding Company CEO David Kimelberg, however, told the panel that the Seneca Nation of Indians is seeking to expand beyond what’s become their traditional revenue sources: gaming and cigarette sales.
We are investing in the region with the purpose of building companies and revenues, and returns for the Seneca Nation and our people. We invest in western New York because it has been our home for over 1,000 years. We will always be here. We are truly committed to the region like no other and, unlike multinational companies that come and go through the region and the state, we will not relocate and our expanding dollars stay here.
Still, Kimelberg told me after the hearing that the casino operations (the Senacas operate three gaming facilities) and tobacco sales remain a strong component of the nation’s economic engine.
The reliance on casino gambling by Indian nations in New York makes the expansion a complicated one, Sen. Patrick Gallivan said.
“I think at this point it is somewhat complex and I personally just don’t have enough information,” he said.
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