Category Archives: New York State Senate

Tessie Shirley Pierce Garber Inducted into NY Senate’s Military Veterans Hall of Fame

Tessie Shirley Pierce GarberWhen the United States entered World War II, Tessie “Tess” Shirley Pierce Garber’s brothers entered the U.S. Army, and Garber felt strongly that women should be able to serve in the Armed Forces as well. She was unwilling to wait until she was 21 to join the Army WACs, so she decided to join the Navy WAVES or Coast Guard SPARS, which accepted 20-year-old women. As luck would have it, she met a woman Marine recruiter and ended up in the Marine Corps.

 

Ms. Garber’s military adventure began on November 2, 1943 when she and seven women recruits met at a Cleveland, Ohio railroad station to proceed to Marine Boot Camp at Camp Lejeune, North Carolina. Her field training with the other women recruits was the same that the men received…cleaning rifles, manual of arms, target practice, obstacle course, guard duty, marching, running with pack and rifle, scaling cargo nets and calisthenics.

 

After training, Ms. Garber was assigned to a Signal Corps unit in Washington, D.C. that used Teletype machines and required secret clearance. She handled daily reports listing names of wounded, missing in action (MIA), and killed in action (KIA). On occasion, she and other women were taken to Walter Reed Army Hospital to help rehabilitate those who lost hands, arms, legs and eyesight. One day at a service club, she was hit by a ping-pong ball. That was how she met Morris Garber, and six months later, they were married.

 

Ms. Garber has been an active member of the Jewish War Veterans Post 655 for many years.

 

Visit Senator Marcellino’s webpage

Senator Phillips Announces Senate Passes Historic Package Of ‘Good Government’ Reforms

Measures Boost Accountability, Transparency, and Prevent the Misuse of Taxpayer Money

 

Senator Elaine Phillips announced today that the New York State Senate passed the most sweeping package of good government reforms proposed in years. The measures, which she supported, will help ensure taxpayer monies are invested in effective programs, prevent real or perceived conflicts of interest and enhance transparency in government dealings, and increase the accountability of public officials.

 

“As elected officials, we must be held to the highest of ethical standards,” Senator Phillips said. “New York has played host to far too many political scandals – and New Yorkers are tired of their representatives abusing their power and recklessly handling state funds. This package increases transparency, protects taxpayer money and further holds all elected officials accountable to ensure government is working for the people. I applaud my Senate colleagues for passing this comprehensive legislative package, and urge Governor Cuomo and the Assembly to take up these measures.”

 

The bills passed by the Senate today include:

Preventing the Appearance of “Pay-to-Play” 
S8409: Limits political donations from parties applying for grants, licenses, or doing business with public entities to the public officials or candidates who would approve such grants, licenses, or contracts. Unfortunately, disclosures of significant donations by people or businesses who have received significant public contracts or licenses gives rise to public suspicion that there may be a relationship between the two occurrences, and thus to public cynicism and distrust of the process of how public bodies make decisions.

 

Prohibiting Certain Political Contributions by Government Appointees
S8404: Prohibits appointees who are appointed by the Executive to make political contributions to the Executive or his or her political campaign. The appointees would be prohibited from making political contributions within a year of appointment, during their term, and for a year after the term ends. It also prohibits the appointee from soliciting contributions on behalf of the Executive or the Executive’s campaign committee. This prohibition also applies to members in the appointee’s household.

 

A February 2018 New York Times article profiled a current trend whereby Executive appointees have made political contributions to the Executive totaling nearly $900,000. An atmosphere where appointees operate under the practice of making routine political contributions to the individual appointing them to their positions fosters skepticism and distrust of the political process in Albany, and leads hardworking citizens to believe that Albany in rife with a “pay-to-play” culture.

 

Requiring Financial Disclosure for Regional Economic Development Council Members
S922B: Codifies the existing Regional Economic Development Councils (REDC) and requires appointees to comply with financial disclosure requirements and the code of ethics that all other public officers are currently bound by.

 

Since 2011, the Governor has appropriated more than $5.4 billion dollars to thousands of projects, through the Councils. The REDCs were never formally adopted into statute, giving the Governor the unrestricted ability to appoint the individuals who are at least partially responsible for determining the future of the State’s economic development. REDC members are also unilaterally appointed by the Governor and not subject to the financial disclosure requirements of the public officers law, resulting in no way for the public to be assured that there are no conflicts of interest or members engaging in self-serving activities. This bill would make the REDCs more transparent through increased public disclosure and further assure New Yorkers that their tax dollars are being allocated in an appropriate manner.

 

Developing a Searchable Subsidy Database
S6613B: Requires the creation of a searchable state subsidy and economic development benefits database that would benefit New Yorkers and policy makers by helping monitor the use of taxpayer money used to grow our state’s economy and create jobs.. The database would include the name and location of the participant; the time span of received economic development benefits; the type of benefit received; the total number of employees at all sites of a project; the number of jobs a participant is obligated to retain and create during the project; the amount of economic development benefits received for the current reporting year; and a statement of compliance indicating if any other state agency has reduced, cancelled or recaptured economic development benefits from a participant.

 

Creating the New York State Procurement Integrity Act
S3984A: Prevents self-dealing in the government procurement process by enhancing the integrity, transparency, and accountability of the state’s procurement process. Historically, the Office of the State Comptroller (OSC) has performed this essential oversight function, but in recent years, OSC’s ability to do so has been eroded by executive and legislative action. The bill, called the New York State Procurement Integrity Act, would:

  • Restore the state Comptroller’s independent oversight (eliminated in 2011 and 2012) of SUNY, CUNY, and OGS centralized contracts;
  • Expand the Comptroller’s oversight of the procurement process to include contracts in excess of $1 million awarded by the SUNY Research Foundation; and
  • Prohibit state contracting through state-affiliated not-for-profit (NFP) entities unless explicitly authorized in law;

 

Protecting State Investments When Deals Don’t Meet Expectations
S7697A: Ensures that the Public Authorities Control Broad members have sufficient information to make informed decisions prior to a vote approving funding and includes disclosure of claw-back provisions for instances when a project job creation claim does not come through, the state could recoup funding.

 

Creating an Independent Budget Office
S2325: Creates the New York State Independent Budget Office to provide objective, non-partisan analyses of state revenues, expenditures, and management practices to members of the Legislature for any legislation with fiscal impact or at the request of a leader or a committee. Accurate, up-to-date information is a key ingredient for prudent, timely budgetary and policy decisions. At least 23 other states including California, Texas, Florida, Connecticut and Vermont have already established non-partisan budget offices to assist their legislatures.

 

Reforming START-UP NY
S5985A: Restores and bolsters reporting requirements for START-UP NY by requiring the preparation of an annual report, which would be provided to the Governor and the Legislature. The report would include, but is not limited to, the number of business applicants, number of businesses approved, benefits distributed and received, and the number of net new jobs created per business  - including cumulative data that reflects the amount previously recorded and adjusted for net new jobs that have been lost.

 

Providing More Stability in State Agency Leadership
S7781: Defines the length of time an individual may head a state agency or department in an acting capacity while the Legislature is both in and out of session, and it defines how often a person may serve in an acting capacity. Currently there is no limit to how long an individual may serve as the acting head of an agency or department. The legislation will provide stability at the executive level of New York’s many state agencies, as well as save taxpayer money.

 

Prevent Regulatory Steamrolling: 
S5912C: Would curtail state agency overuse of the emergency regulation process to ensure it is only used in true emergency situations when necessary to protect public health and safety. By amending the State Administrative Procedure Act’s emergency rulemaking provisions, it constricts the timeframe an agency can promulgate a single regulation as an emergency, and the circumstances surrounding the need for emergency rulemaking action by a state agency.

 

Making Economic Data Available to Help Measure Effectiveness
S3354: Directs the state Division of the Budget (DOB) to prepare an annual Unified Economic Development budget that outlines the aggregate amounts of state investments in economic development projects statewide, the benefactors of these investments, and the number of jobs created or retained by businesses because of this development assistance. The legislation also standardizes the types of information that state entities and recipients of development assistance must report to DOB.

 

The bills have been sent to the Assembly.

 

Visit Senator Phillips’ webpage

Senator Phillips Sponsors Historic Legislation to Help Survivors of Childhood Sexual Abuse

Measure creates state fund to compensate all time-barred victims of abuse, eliminates the criminal statute of limitations and adds clergy to list of mandated reporters

 

Senator Elaine Phillips is sponsoring landmark legislation in the New York State Senate that will advance justice and healing for the courageous survivors of childhood sexual abuse by making it easier to prosecute perpetrators and provide restitution to victims. Key elements of the measure include creation of a $300 million state fund from asset forfeiture monies to compensate victims for physical and psychological harm and the elimination of the criminal statute of limitations for child sex offenses.

 

“The effects of childhood sexual abuse are often severe and long lasting — and the time has come in New York State to compensate all victims,” Senator Phillips said. “I am proud to sponsor this historic legislation, which not only includes providing timely restitution for victims, but also eliminates the statute of limitations for criminal child sex abuse offenses. With the input of advocates and experts, the New York Child Victims Reconciliation and Compensation Fund was crafted to ensure victims receive the compensation they are due and that additional measures are made to protect New York’s children.”

 

“Today Senator Elaine Phillips, and several colleagues, filed a comprehensive and important bill that will give compensation and justice to victims and out predators. This is a sincere effort by the sponsors to help past and future victims. The bill is a work in progress and I urge all parties to work together to bring long-sought healing and justice to victims of child sexual abuse,” said Gary Greenberg, founder of ProtectNYKids.

 

The cornerstone of the legislation is a state compensation fund that will be available to all time-barred victims of childhood sexual abuse. Administered and overseen by the New York State Comptroller and a chief administrator, the fund will be comprised of $300 million in asset forfeiture funds from the Manhattan district attorney’s office. After a hearing and review process facilitated by hearing officers experienced in sexual abuse cases, the claims administrator will make a decision on compensation. Information such as the abuser’s name will be made public in cases receiving monetary awards.

 

The legislation also eliminates the statute of limitations for the criminal prosecution of sex offenses against children. One of the most widely underreported crimes, estimates are that approximately 1 in 4 girls and 1 in 6 boys will be sexually abused before their 18th birthday. As a wide body of research indicates, victims of child sexual abuse often take years, or even decades, to come forward as they struggle to come to terms with the abuse they endured as children.

 

Increased vigilance in reporting and preventing abuse are the goals of the final provisions of the bill which add members of the clergy to the list of “mandated reporters” obligated to report suspected abuse and require criminal background checks for employees and volunteers who work with children.

 

Visit Senator Phillips’ webpage

Senator Hannon Introduces Legislation to Protect Minors from Harmful Electronic Cigarettes

Senator Kemp Hannon, Chair of the Senate Standing Committee on Health, introduced legislation to combat the ever-increasing use of electronic cigarettes among minors. This legislation (S8609) and (S8610) will curb use among minors through prevention and education, establish sale to minor compliance checks, and eliminate enticing flavors that lure young people.

 

Senator Hannon stated, “Use of electronic cigarettes among minors has risen exponentially and is unacceptable. Something must be done to stave off the temptation so that we can reduce the number of people who become addicted to nicotine and become regular tobacco users. Eliminating the availability of flavored e-liquids like cotton candy and bubble gum intentionally marketed to attract minors, in addition to expanding current state efforts on prevention and education, and addressing the loophole in enforcement will do just this. Requiring retailers to register as electronic cigarette sellers will ensure that they are adhering to the law and not selling to minors.”

 

The CDC reported use of electronic cigarettes among middle school and high school students more than doubled from 2011 to 2012. New York State lead the way in 2012 by banning the sale of electronic cigarettes to minors under the age of 18. However, according to recent reports by the FDA, electronic cigarette use among minors is still on the rise. A recent study found that 19 percent of 12th graders, 16 percent of 10th graders and 8 percent of 8th graders have in fact used an electronic cigarette in the past year. Schools across the country continue to report their struggle with the number of “Juuls” being used by students. The FDA has sought to combat this issue through undercover sting operations targeting retailers of the new trendy “Juul” devices.

 

Senator Hannon stated, “It is imperative that action be taken not only at the federal level, but at the state and local level as well. New York must remain a leader in curbing use of electronic cigarettes by minors. We must ensure our current laws are being adhered to and more is done to protect minors from what could lead to a lifelong addiction. Discouraging use and availability of cigarettes to minors is crucial.”

 

Town of Hempstead Councilman Dennis Dunne stated, “I, the Hempstead Town Board and a coalition of community organizations have been working diligently to fight the scourge of e-cigarette use, particularly among children. We are very fortunate to have a partner like Senator Kemp Hannon to assist us on the State level. The surge of the legal prescription and illegal drugs has been destroying local families, as well as negatively impacting the town, the state and our country. I am grateful that our New York State Senate is helping us to fight this battle for our children and grandchildren. E-cigarette use and vaping is a gateway into the horrors of drugs. Whether it be opioids, fentanyl, heroin or prescription drugs, we need to have a unified front in fighting this problem. Our local community organizations have joined with us in the Town to form a coalition to try to loosen the restrictions that exist in the state, these pieces of legislation will go a long way to help us reach that goal. I thank Senator Kemp Hannon for carrying our banner, taking off some of the restrictions so we can fight a fair fight in an attempt to stop the destruction of so many in our community. Thank you Kemp Hannon, the New York State Senate and all that have come to your assistance to help us get this legislation passed.”

 

This legislation is currently in the Health Committee.

 

Visit Senator Hannon’s webpage

Senate Passes Senator Phillips’ Legislation Expanding STAR Program

Expansion is Part of the Majority’s Package to Make New York More Affordable; Other measures Eliminate County and Reduce City Mandated Medicaid Contributions to Give Dollar-for-Dollar Cuts in Taxes, and Reduce Taxes for Seniors and Utility Customers

 

Senator Elaine Phillips announced that the New York State Senate has passed her legislation significantly expanding the STAR property tax relief program as part of the Senate Majority’s sweeping affordability package that focuses on property taxes, energy costs, unfunded mandates, and other drivers that are making it harder for middle-class families to succeed.

 

“The cost of living in New York, especially on Long Island, continues to rise and it is time we provide the hardworking taxpayers of our state with much needed and deserved financial relief,” Senator Phillips said. “By significantly expanding the already successful STAR property tax relief program by 25 percent, we are reinforcing our commitment to reduce the property tax burden and make New York more affordable for citizens to live and raise families.”

 

The bill, S.8398, provides additional property tax relief for all STAR-eligible New Yorkers by increasing the amount of the property tax relief credit by 25 percent. This bill expands an already successful program first created by Senate Republicans that is helping to reduce the property tax burden and helps mitigate tax savings that could be lost as a result of the recent federal State and Local Tax deduction. The increase would take effect in the 2019 tax year and save an expected $331 million by 2020, $1.6 billion annually thereafter.

 

The Senate Majority’s affordability package would result in billions of dollars in savings annually for taxpayers in the form of new and expanded property tax cuts, including the state assuming local Medicaid costs. The package also includes eliminating costly energy taxes; creating new tax cuts for seniors to prevent them from moving to another state; requiring a supermajority vote when taxes are increased by state and local governments; and preventing unfunded mandates from being passed on to the taxpayer.

 

Cutting Local Medicaid Contributions to Give Direct Property Tax Relief

The largest savings from this package comes from two initiatives that require the state to assume the local share of Medicaid payments. Since the enactment of the Medicaid program in 1965, counties and the City of New York have been required to share in both its cost and administrative operation. The State is responsible for program design and, over the course of several years, the overall administration of the program has been gradually shifting to the state. The counties’ Medicaid share is currently capped at 2015 levels and the current local contribution amount to the state for Medicaid is a combined statewide total of $7.63 billion.

 

The first bill, S.8411, reduces the local Medicaid contribution by 20 percent a year over five years for all counties outside New York City. The counties must then enact dollar-for-dollar reductions in property taxes, resulting in direct taxpayer savings of up to $451 million in the first year alone, and $2.3 billion when fully effective.

 

The second bill, S.8412, reduces counties’ contributions by 10 percent a year over 10 years and again requires that $2.3 billion in cumulative savings to be returned dollar-for-dollar back to property taxpayers. In New York City, the contribution would also be reduced by up to $2.3 billion and returned to taxpayers in the form of a dollar-for-dollar reduction in the personal income tax. In addition, the city would be required to enact a two-percent property tax cap similar to what is already in effect in the rest of the state and which has already saved taxpayers $23 billion to date.


Providing $280 Million in New Energy Tax Relief

S.8399: Saves business and resident ratepayers by phasing in a new elimination of the two-percent Gross Receipts Tax on utility bills. S8407 eliminates the base underlying 18-A assessment tax and shifts the cost of the Public Service Commission to the General Fund. Together, they will result in needed reduction in consumers’ utility bills and provide a total savings of $280 million.

 

Eliminating Property Taxes for Seniors to Keep Them in New York

S.8406: Creates a senior school tax rate that phases in a yearly 10 percent reduction of school taxes, based on age of the eligible senior, starting at age 70 to reduce the burden that seniors face when paying the school tax portions of their real property tax bills. By reducing the financial burden of home ownership for seniors, this bill may make it more affordable for a larger number of seniors to stay in New York State instead of relocating to states with less burdensome real property tax rates. The bill would save $274 million by 2022 and $556 million by 2023.

 

Increasing Retirement Exemptions to Make Living in New York More Affordable

S.414A: Helps more seniors save money and choose to stay in New York during their retirement by increasing the private pension and retirement income exclusion from $20,000 to $40,000 for single taxpayers and up to $80,000 for married taxpayers, over three years. This would be the first increase to the exempt amount for private pensions and retirement since 1981 and will save retirees approximately $275 million.

 

 

Requiring a Supermajority for New Tax Hikes

S.8401: Requires a two-thirds vote from each house of the state legislature to increase, impose, or extend taxes, a two-thirds vote from local legislative bodies to increase, impose, or extend local taxes, and a two-thirds vote from local legislative bodies requesting an increase, imposition, or extension of taxes by the state legislature. This bill holds elected officials more accountable to the state’s taxpayers, both at the state and the local levels of government, by requiring a supermajority. S.8402 would also accomplish the supermajority requirement for state and local tax laws by proposing a constitutional amendment.

 

Preventing Unfunded Mandates /Local Tax Increases

S.8400: Proposes a constitutional amendment to reduce property taxes by prohibiting many of the unfunded mandates that place a hardship on local governments. The bill would prevent state government from passing a financial burden of new mandates to local governments without financial assistance, preventing them from being forced to decide between taking resources from already strained local programs and redirecting those funds to the latest unfunded mandate, or turning to already over-burdened taxpayers for additional support.

 

Making Education More Affordable

S.7783: Makes New York’s tax law consistent with changes to 529-plan tuition eligibility that recently took effect on the federal level. The federal Tax Cuts and Jobs Act enacted last year expanded the use of 529 plans to include tuition expenses for attendance at elementary or secondary schools, but existing tax law in New York may not allow such expenses to be eligible. This bill enables 529 plan distributions used to pay for elementary or secondary school tuition expenses after January 1, 2018, to have the same tax benefits as distributions used for attending an eligible institution of higher education.

 

The package builds upon the Senate Republican Majority’s record of success in securing new and needed tax relief. This year alone, the conference led the way to include a provision in the budget that will help protect taxpayers from the negative impacts of federal tax changes by enabling a decoupling of the state and federal tax codes to prevent New Yorkers from taking a $1.5 billion state tax hit as a result of the SALT deduction changes. Earlier this year, the Senate also passed legislation (S1207)to make the property tax cap permanent and to enact a two-percent spending cap into law (S365).The self-imposed spending cap has already saved taxpayers $41 billion to date.

 

 

Visit Senator Phillips’ webpage

Marcellino Passes Legislation to Protect American Water Customers

Senator Carl L. Marcellino announced he has passed Senate Bill 6862-A which will require the Public Service Commission (PSC) to conduct an independent audit of private water utility companies prior to and after rate changes are approved by the PSC. This is the first of a package of bills he sponsors to address the dramatically high water bill spikes that have affected customers of New York American Water on Long Island.

 

“More than 100,000 Long Island customers have been shocked when they opened their water bills from American Water. Some residents have seen their rates more than double. The public outcry has been loud and justified. Yet, American Water and the PSC are unwilling to take any steps to reduce this burden on consumers,” said Senator Marcellino.

 

The legislation requires the public service commission to retain an independent auditor to conduct audits of private water utility companies prior to and after rate changes are approved by the public service commission.

 

In May 2017, the New York State Public Service Commission (PSC) granted New York American Water a rate increase for the next four consecutive years. These increases range from 1 percent to as high as 9.6 percent.

 

“The combination of a draconian rate increase and the practice of passing the companies taxes on to the backs of their ratepayers has created a dramatic financial burden in water bills. Add to that the lack of accountability by American water and you have a situation where people feel betrayed and helpless,” added Senator Marcellino.

 

New York American Water is a private company that services 120,000 households and businesses in Nassau County. Unlike public water utilities in New York State, American Water pays property taxes and passes that expense to their customers in their water bills.

 

“The PSC played a major role in creating the American Water crisis and this bill will force them to be part of the solution. This is an important first step in protecting ratepayers and fixing a problem that has gotten out of control,” concluded Senator Marcellino.

 

Visit Senator Marcellino’s webpage

Senate Passes 2018 Jobs And Opportunity Agenda

Senator Elaine Phillips announced that the New York State Senate has passed the 2018 Jobs and Opportunity Agenda, which she supported, to strengthen the state’s economy and create needed jobs for hardworking New Yorkers.

 

“The high cost of living and excessive tax burdens continue to make it difficult for hardworking Long Islanders to make ends meet,” Senator Phillips said. “This legislative package eases that burden by investing in workforce development and job growth, slashing excessively high taxes on businesses and removing regulatory road blocks preventing business growth. We must continue making New York a more business-friendly state to continue promoting entrepreneurship, economic improvement and job growth.”

 

The Republican Majority Conference’s plan focuses on comprehensive tax, regulatory, and economic development reforms that will help make New York more competitive and foster job growth at a time when the state’s private sector faces widespread obstacles to success.

 

The Jobs and Opportunity Agenda is part of the three-pronged “Blueprint for a Stronger New York” that focuses on making the state less costly and more attractive for hardworking New Yorkers. When combined together, the Blueprint’s Affordability, Opportunity, and Security Agendas will comprise a powerful and comprehensive plan to give all New Yorkers the opportunity to succeed.

 

Cutting Taxes on Small Businesses

 

Creating STAR for Small Businesses

S1116A: Allows real property owned by a small business (100 or less employees) to be eligible for the STAR property tax savings program, saving $275 million;

 

Saving Hundreds of Millions in Taxes for Small Businesses and Farms

S2120A: Provides significant new tax savings for small businesses and small farms by expanding the existing Personal Income Tax exemption and reducing the Corporate Franchise Tax business income tax rate from 6.5 percent to 2.5 percent over a two-year period. The bill would save a total of $495 million when fully implemented.

 

Expanding the Minimum Wage Reimbursement Tax Credit

S6793A: Helps businesses who promote the success of student employees. The minimum wage reimbursement tax credit provides eligible employers with a credit for employing students at the minimum wage rate. Currently, the tax credit is designed to incentivize employers to hire and train student-employees who may be new to the labor market. Unfortunately, the way the credit is presently structured, employers who give hard-working student-employees even a modest hourly raise are no longer eligible to receive credit for those student-employees. This bill would correct this disincentive to provide student-employees with a modest raise by allowing credit for wages that are not in excess of the applicable minimum wage plus fifty cents.

 

Cutting Red Tape and Over-regulation

 

Providing Time for Businesses to Raise Concerns with New Regulations

S6095: Allows the Administrative Regulations Review Commission to examine an issue and vote on a 90-day delay prior to the adoption of proposed administrative rules. This will help when businesses raise concerns about possible rulemaking inconsistencies with statutory authority or legislative intent, or when requirements could potentially burden taxpayers or local governments.

 

Reducing Regulatory Fines on Small Businesses

S4120A: Gives first-time offenders of state small business regulations a reprieve from paying fines to help foster a productive relationship between the state and business owners. The measure would prevent the state from fining a small business for a first violation of regulations, unless the agency determines that the violation directly affects public health or safety. The agency then would provide literature or an in-person meeting to inform such small business of its regulations to improve compliance.

 

Preventing Unfunded Mandates for Local Governments and their Taxpayers

S5828: Establishes the Unfunded Mandate Review Act to protect local governments from mandated policies that they must pay for, and in turn protects taxpayers from increasing tax levies. The bill requires the Comptroller to provide the fiscal impact notes upon request of a committee for any bill including an unfunded mandate, conduct a continuing mandate study of unfunded mandates upon any local government, and prepare comparative costs of proposed regulations.

 

Promoting Mandate Relief in Regulatory Processes

S5791: Promotes mandate relief and flexibility in tailoring regulatory requirements to the specific needs and capabilities of local governments. The bill restores recently expired provisions that streamlined the process for submitting petitions to request approval of an alternate method to meet a regulatory mandate.

 

Examining the Overall Effectiveness of the State Administrative Procedure Act

S2133: Creates a Task Force charged with examining, evaluating, and making recommendations about the efficiency of the rulemaking process in the State Administrative Procedures Act. Since 1975, this act has been amended numerous times but has never undergone a comprehensive review its overall effectiveness. The Task Force would help ensure consistent, uniform rules are established and whether the existing statutory process results in rules, regulations, and licenses that are overly burdensome on regulated entities.

 

Creating New Authority to Contest Overly Burdensome Rules

S5982A: Allows the state Administrative Regulation Review Commission (ARRC) to file a formal objection to proposed rules when they are burdensome and harmful to businesses, local governments, or other regulated parties. This bill seeks to encourage agencies to consider changing rules to accommodate the concerns raised by ARRC with the goal of having the agencies reconsider the rule.

 

Establishing a Small Business Liaison Position in State Agencies

S6706: Fosters communication and cooperation be designating an existing state agency employee as a “Small Business Liaison”, responsible for providing businesses with a reliable contact. The liaison will give important regulatory information, hear the businesses concerns and advocate on behalf of the business within the agency. It expands on the New York State Workers’ Compensation Board’s successful implementation of an “Advocate for Business” that connects New York State business owners to help understanding the complex workers’ compensation system.

 

Supporting Businesses in Enhancing Environmental Compliance

S2999A: Provides financial assistance to small businesses for the purpose of pollution prevention, control and compliance. By increasing access to capital for small businesses seeking to pursue pollution prevention improvements, even when compliance is not an immediate issue, both the business and the state’s environment will benefit from the enhanced environmental performance.

 

Establishing the “GrowNY” Pilot Program

S3392A: Establishes the GrowNY pilot program, an economic gardening pilot program within the state Department of Economic Development to stimulate investment in the state economy by providing technical assistance for expanding businesses in the state. Economic gardening is a long-term entrepreneurial strategy designed to generate new jobs from the existing base of businesses in the community.

 

Strengthening Procedures for Negotiated Rule Making

S4590A: Promotes greater involvement of small businesses in the rulemaking process and make it more open and fair. The bill requires negotiated rulemaking to provide additional opportunities for small business and the public to directly participate in the development of proposed agency regulations. Negotiated rulemaking allows small business owners and representatives of all significant interests who would be affected by a regulation to meet and develop as broad a consensus as possible on terms of a rulemaking proposal.

 

Two other critical regulatory reform bills are expected to be acted upon by the Senate next week

 

Prevent Regulatory Steamrolling

S5912C: Curtails state agency overuse of the emergency regulation process to ensure it is only used in true emergency situations when necessary to protect public health and safety. By amending the State Administrative Procedure Act’s emergency rulemaking provisions, it constricts the timeframe an agency can promulgate a single regulation as an emergency, and the circumstances surrounding the need for emergency rulemaking action by a state agency.

 

Updating State Contract MWBE Requirements

S1126A: Helps better reflect the number of certified Minority- and Women-owned Business Enterprise (MWBE) businesses in each region of the state. Across the state, businesses are required to contract services from MWBEs at 30 percent of their total business service. In many areas of the state, MWBEs are severely under-represented, making it difficult for existing business owners to be awarded a state contract. This bill amends the current law so contracting agencies would only be required to contract with the number of MWBEs correlating to the percentage of MWBEs in that industry in the economic development region where the contract is to be performed.

 

Making New York a Leader in Job Training

 

Attracting Talented Educators Who Prepare the Next Generation

S1469A: Increases access to career and tech programs at BOCES. The bill would increase the current salary cap for BOCES CTE instructors from $30,000 to $50,000 phased-in over five years to attract and retain qualified and skilled teachers.

 

Encouraging Statewide Participation in Apprenticeships

S2124B: Directs the Commissioner of Education to develop guidelines for use by high school guidance counselors in facilitating student awareness and interest in apprenticeships, pre-apprenticeships, and career and technical education opportunities. This would particularly apply to the hardworking men and women looking to gain footing in the building, construction, manufacturing, and maritime trades where positions all across the state are often left unfulfilled.

 

Establishing the “Retrain and Employ Unemployed Persons Program”

S2232A: Directs SUNY and CUNY community colleges to work with local businesses and industry to develop work force training programs that target the unemployed and provide the skills necessary for individuals to obtain jobs in their communities. This bill also provides funding for the initial creation of this program by providing $500,000 in grants to start and additional incentive funding to those community colleges that successfully place trained individuals in jobs.

 

The bills have been sent to the Assembly, except S5912C and S1126A, which are expected to be acted upon by the Senate next week.

 

Visit Senator Phillips’ webpage

Senator Phillips Honors Woman of Distinction Lin Pan

Lin PanLin Pan has been in the real estate industry for over ten years and founded Lin Pan Realty on Long Island in 2012, primarily focusing on residential real estate. From Manhattan to Long Island, the team under her lead provides one-step service covering residential, commercial, management and development for customers’ needs.

 

Clients choose to work with Ms. Pan for her outstanding service, ethics, experience and expertise. Her strong base of loyal, repeat customers is the reason she has been so successful for more than a decade. Repeat buyers and valued clients all trust her professional counsel and judgement on multi-million dollar deals.

 

While her team is deeply rooted in Chinese culture, Ms. Pan reaches across every population to help individuals and families achieve their home buying dreams. She contributes greatly to her community, sponsoring events such as the Long Island Chinese Association’s Chinese New Year Parade, USTC Alumni Great Neck Chinese Association’s Great Neck Chinese New Year Celebration, the Great Neck Annual Easter Egg Hunt, Nassau Police Child ID program, and the Chinatown BID. Ms. Pan also serves her community as Vice President of the Long Island Chinese American Association, and as an active member of the Long Island Board of Realtors and Long Island Commercial Network.

 

Throughout her career, Ms. Pan has received many honors. She was named “20 Under 40 Rising Stars” by the Long Island Board of Realtors in 2012, the only Asian-American broker to receive this award. In 2014, the Overseas Chinese Affairs Office of the State Council asked her to join its “Workshop for Overseas Chinese Entrepreneurs,” and in 2015, she received the Community Award from the Asian Economic Advisory Commission for Nassau County.

 

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Marcellino Honors Woman of Distinction Coleen Cole Spinello

Coleen Cole SpinelloColeen Cole Spinello has leveraged her experience as a business executive in the retail and hospitality industries to cater to the needs of children and the Glen Cove community. For over 15 years, Ms. Spinello has been a Nassau County Court Appointed Special Advocate (CASA), helping countless children ensure that their voices are heard and that they are placed in a safe, caring and secure environment.

 

In addition to her commitment to CASA, Ms. Spinello is one of the co-founders of Glen Cove’s Bully Proof Project and is a volunteer for many Glen Cove programs, including Kids Play Day and the July 4th Children’s Bike parade. She also helped start Glen Cove’s community garden at Big Ralph Park and is a vested member of the city’s Beautification Commission and The Interagency Council.

 

Ms. Spinello’s generosity can be seen in the bright eyes of a young nine-year-old girl named Mia who was suffering from renal failure. In October 2016, Ms. Spinello donated her kidney to Mia so that this young child could have a bright future filled with hope, dreams and the love of life. A resident of Glen Cove for over 18 years, she is an active member of St. Rocco’s parish, where she manages both the church’s food pantry and outreach program. She is a proud aunt, stepmother and dog mom.

 

Continually dedicating her time and energy to those in need, Ms. Spinello is an exceptional woman whose life and selflessness is a testimony to her devotion to others. She is truly an inspiration to the people and families she touches and the community in which she lives.

 

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Senator Phillips Welcomes Westbrook Preparatory Students to State Capital

Senate Passes Resolution Commending Westbrook Preparatory School On Its 7th Anniversary

 

Westbrook Preparatory School Senator Elaine Phillips announced  that the New York State Senate has passed a formal Resolution, which she sponsored, commending Westbrook Preparatory School in Westbury on celebrating its 7th anniversary. Senator Phillips met with students and administrators from Westbrook at the State Capital today.

 

“As the first residential New York State Regents junior/senior high school for students with Asperger syndrome, high functioning autism and related conditions, the Westbrook Preparatory School provides direct intervention and long term planning to help students adapt, communicate and learn,” Senator Elaine Phillips said. “The school creates a supportive, therapeutic environment to allow each student to develop the daily living skills and emotional strength while furthering their education. It was an honor to welcome students and faculty to the State Capital and pass a formal New York State Resolution celebrating the school’s anniversary.”

 

The Westbrook Preparatory School is the first residential New York State Regents junior/senior high school for students with Asperger syndrome, high functioning autism and related conditions and it began with concerned parents who had something in common: a child with high functioning autism.

 

In 2006, New York State started a plan to bring students with special needs back to New York who had previously been sent out of state due to a lack of well-suited schools. As a result, New York opened the Westbrook Preparatory School in 2011.

 

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