Police Get Training to Protect Abortion Providers

More than 80 law enforcement officials, reproductive health care providers and advocates from across New York came together yesterday to discuss how to better protect reproductive clinics and providers, and actions to take against anti-abortion terrorism.

Gov. David A. Paterson signed bill A.8924/S. 6112 into law yesterday that establishes the crime of aggravated interference with health care services in the first and second degrees. Sponsored by Sen. Kevin Parker, D--Brooklyn, and Assemblyman Sam Hoyt, D--Grand Island, the law calls for new felony classifications to further penalize someone who causes physical injury to any reproductive health care provider. The law will protect doctors and staff workers in clinics.

Julie Murphy, investigator with the New York state Police Counter Terrorism Intelligence Unit for Troop G, helped plan the training for yesterday's event and gave a presentation on Operation Safeguard, an outreach program developed by the state Office of Homeland Security that incorporates all law enforcement.

The safeguard plan provides information education and suspicious indicators to reproductive health care centers to help them understand what necessary steps to take if they witness conspicuous behavior in their work place. If wary behavior by any individual is apparent, clincs can call the toll-free tip line 1-800-SAFENYS.

Anti-abortion terrorism hit New York in 1998 when abortion provider Dr. Barnett Slepian was murdered in his home near Buffalo by anti-abortion activist James Kopp.

"The important part is that we recognize that despite anyone's beliefs or feelings about this emotionally charged issues is that it is a law enforcement issue," said Denise E. O'Donnell, deputy secretary for public safety. "We do have an obligation to protect individuals who are providing reproduction services."

The most recent incident occurred this year when Dr. George Tiller was shot and killed in a church in Wichita, Kan. Yesterday's event was developed in response to this murder and is used as a case example to show what law enforcement can do to better ensure our state is safe, according to Murphy.

Cuomo endorses Owens

Attorney General Andrew Cuomo endorsed Democratic candidate Bill Owens today in the race for the 23rd Congressional district seat.

“Bill Owens understands the needs of our working families and he’s worked hard to improve our local economy by creating jobs in upstate New York,” Cuomo said.

The special election will take place Nov. 3. The other candidates in the race are state Assemblywoman Dierdre Scozzafava, who's the Republican Party's nominee, and Conservative Party candidate Doug Hoffman.

The seat was vacated by Republican Congressman John McHugh, who left to become President Obama's secretary of the Army.

Calhoun Stiffens Drunk Driving Legislation

Assemblywoman Nancy Calhoun, R-Blooming Grove, announced today she has introduced legislation (A.9179) in the Assembly that would increase penalties for driving under the influence with a passenger who is developmentally disabled.

"Nine times out of 10, the person who is driving is in an employment situation and the people who are driving with them may not have the opportunity to [speak out]," said Calhoun. "We think this is an appropriate way to discourage the person [driving] to know they are going to get in trouble."

The consequences under the amended law would punish first time offenders with a fine between $250 and $500 including a possible 48 hour jail sentence; second time offers with a fine between $500 and $1,000 and 10 days in jail, and for each following offense after that, a fine between $1,000 and $5,000 and the possibility of a 30 to 90 day jail sentence would be given.

Calhoun said a constituent brought this legislation to her attention. "We're hoping to work hard to try and get it passed this year."

Sen. Krueger's Call for Monserrate's Resignation Catalyzes a Movement

Following the recent outcome of Sen. Hiram Monserrate’s trial, senators and women’s rights groups are again speaking out — this time for his resignation.

Sen. Liz Krueger, D-Manhattan, was one of the first to speak out for the resignation of Monserrate — the Queens senator who was recently found guilty of misdemeanor assault against his partner and was acquitted of felony charges, ones that would have torn him out of the state Senate — hours after the outcome of his trial.

“I believe that if he was indeed found guilty of a violent crime he should not remain in the state senate,” Krueger said.

“Literally within 12 hours of his being found guilty I put out a statement calling out for Mr. Monserrate to resign on the grounds that a person convicted of a violent crime should not be a sitting legislature in New York state,” Krueger said. “I urged colleagues, organizations, citizens to call for him to resign on the belief that, that was the best and the simple and quick solution to the problem.”

“And many elected, many civic organizations, many women’s organizations have in fact taken up that call and put out a statement calling for him to resign — both U.S. senators [for New York] Chuck Schumer and Kirsten Gillibrand have called for him to resign.”

The New Agenda is one of the women’s rights groups that has taken up Krueger’s call for Monserrate’s resignation. “The fact of the matter is that he was still found guilty of a charge and at this point, and even prior to this trial really, he does not have the moral authority to be governing in our state,” Amy Siskind, president of the New Agenda, said.

“We are working now with NOW-NYS [National Organization of Women-New York State] and the Eleanor Roosevelt Legacy Committee,” Siskind said. “To collectively speak out about what’s happened here and to urge the members of the committee that’s been formed to call for his immediate resignation.”

NOW-NYS, a women’s rights group, and ERLC, an organization that is “dedicated to building a new generation of pro-choice Democratic women leaders in New York State,” are working with New Agenda to publicly call for Monserrate’s resignation, according to Siskind.

“We’re currently working on an open letter,” Siskind said, adding that the groups plan to get signatures for their open letter “from a number of the women’s organizations and then we plan to send those to the folks that are going to be serving on the panel just to let them know how important this is — what kind of signal we’re sending if we continue to let this man serve in our state government.”

The groups plan to send their open letter to the special committee of inquiry on Monserrate that was created by Senate Democratic Conference Leader John L. Sampson, D-Manhattan, on Oct. 20 and is made up of eight other individuals: Andrew J. Lanza, R-Staten Island, a former chair of the Senate Ethics Committee; John J. Flanagan, R-East Northport, a former chair of the Senate Ethics Committee; James S. Alesi, R-Perinton, a former chair of the Senate Ethics Committee; Sen. Cathy Young, R-Olean; Ruth Hassell-Thompson, D-Mount Vernon; Diane J. Savino, D-Staten Island; Andrea Stewart-Cousins, D-Yonkers; and Toby A. Stavisky, D-Queens, as reported by the Legislative Gazette last week.

Siskind said that the trial outcome wasn’t what she or her group expected. “We were very surprised that he got away with it,” Siskind said. “He deserves to be in jail plain and simple — this is a text book, gender-based, violence-type case where the girlfriend is abused and initially speaks out and then is intimidated into silence.”

Although disappointed with the outcome of Monserrate’s trial, Siskind said she and the New Agenda won’t stop working until the senator resigns. “We are going to continue to work and to galvanize as a coalition of organizations,” Siskind said. “That’s our next step and we’ll just continue to keep the heat on until he resigns,” Siskind said. “However long that takes we’ll keep going.”

Krueger spoke of her future hope. “I hope Mr. Monserrate wakes up tomorrow morning and says, ‘I don’t have any future in the senate, my colleagues have started a committee to figure out how to sanction me. I can’t win reelection next year in my district and the people who are calling me to resign are right,’ and that he will resign, that’s what I’m hoping for.”

Siskind passionately agreed. “The fact of the matter is that he was found guilty of a charge related to domestic violence and he needs to resign. Period. End of sentence.”

Senate Committe Seeks Answers on Cigarette Tax Sales

The Senate Standing Committee on Investigations and Government Operations is holding a hearing today at 10:30 a.m. at Borough of Manhattan Community College to discuss New York state's failure in collecting taxes on cigarettes sold to Non-Native Americans on Indian reservations, announced Committee Chairman Senator Craig M. Johnson.

Last year a law was passed that required these taxes to be collected, but the state Department of Taxation and Finance has been obstructed in their collection efforts.

Witnesses confirmed to appear include the Governor's Counsel Peter Kiernan, Deputy Commissioner of the State Department of Taxation and Finance William Comiskey, representatives from the Seneca, St. Regis Mohawk, Onondaga and Poospatuck nations, as well as representatives from New York City, local governments and the tobacco and convenience store industries, and others.

UPDATE 11:35 A.M.
“The failure to secure this badly needed revenue continues as other states – most recently Florida – have been able to reach tax collection agreements with their local Native American nations,” said Sen. Johnson in a prepared statement. “This committee wants to be helpful in crafting a solution to this problem, but first we – and the public – need to be apprised of where the state and the nations stand.”

Electric car manufacturing company will move to Syracuse

Gov. David A. Paterson announced Oct. 23 that an electric car manufacturing company will be opening a facility in Onondaga County, where Syracuse is located.

Bannon Automotive LLC will be investing $26.6 million for this move.

Paul Wimer, the company’s CEO said that Syracuse’s proximity to the rest of New York and other states; Central New York’s persistent initiative to promote green technology, as well as the support of economic development agencies and local leaders, made the company decide to set up this manufacturing base.

This move will create about 250 new full-time jobs for New Yorkers.

“By locating in Central New York, Bannon Automotive is helping to establish our state as the global leader in the clean energy economy and is building on my initiative to accelerate innovation in electric vehicle technology through the New York Battery and Energy Storage Consortium,” Paterson said. “The market for both electric cars and new battery technologies is expected to grow significantly in the coming years and that means jobs for New Yorkers.”

Paterson announced the New York Battery and Energy Storage Consortium or NY-BEST on Oct. 5 to develop energy storage technology and create jobs for New Yorkers. It includes manufacturing of batteries to be used in hybrid cars.

Support grows for Cuomo's pension fund reform

Support is rolling in from around the state for Attorney General Andrew Cuomo's proposal to create a new 13-member board to oversee the state pension fund.

On Saturday, Cuomo attended a fundraiser in Binghamton for Broome County Executive Barbara Fiala. In a statement from the AG's office, Fiala said, "It is a pleasure to join Attorney General Cuomo and my colleagues from the state Legislature to announce this proposal, which I believe can help restore trust in our government. The state pension system and all New Yorkers will certainly benefit from Attorney General Cuomo's measure, and I thank him for coming to our region today."

This push for reform comes after former state Liberal Party Chair Ray Harding and co-founder of Aldus Equity Saul Mayer pled guilty to fraud in a scheme involving kickbacks for political favors and attempts to secure the fund's investments.

"Ending corruption in the pension system transcends political parties," Cuomo said in Saturday's statement. "Abuse of our pension system has run wild for far too long as politically connected individuals have lined their pockets with taxpayer money.

Cuomo recently received bipartisan support from 22 members of the Legislature's Long Island delegation.

Sen. Brian X. Foley, a Blue Point Democrat and chairman of the Senate Banking Committee, is the legislation's chief sponsor. On Oct. 8, Foley joined with Cuomo, Senate Democratic Conference Leader John L. Sampson and Republican Sen. John Flanagan in introducing the bill.

Currently, state Comptroller Thomas P. DiNapoli is the pension fund's sole trustee. Cuomo's proposal would break up the comptroller's monopoly, establishing a 13-member board to oversee investments.

The governor, attorney general, temp. Senate president, Assembly speaker, and Senate and Assembly Minority Leader would each select a member of the board. The state comptroller would serve as the board's chair. Pension fund beneficiaries would have say in choosing the six remaining members.

1) an active member of the retirement system will be chosen from among active members
2) a retired member of the retirement system will be chosen from among retired members
3) a county employee will be chosen from among county employees
4) a local government employee will be chosen from among local gov't employees
5) a police or fire member will be chosen by the state police and fire retirement system
6) a police or fire member will be chosen by the local police and fire retirement system

According the Cuomo's office, "all members of the board must have investment expertise and shall not have been employees of the retirement system for three years."

Paterson confident Senate will pass gay marriage bill

The Associated Press reported Friday that Gov. David A. Paterson, speaking at Empire State Pride Agenda's fall dinner in Manhattan, said a same-sex marriage bill stalled in the Senate will pass "in the next few weeks."

The state Assembly has already passed its version of the bill. Paterson has yet to name a date for a special session.

GOP civil war over 23rd race?

Prominent national Republicans are split over support for their party's candidate to fill the 23rd Congressional district in upstate New York.

Some, including former Alaska Gov. Sarah Palin, have endorsed the Conservative Party nominee Doug Hoffman.

Former House Majority Leader Newt Gingrich meanwhile has thrown his support behind the GOP's nominee, state Assemblywoman Dede Scozzafava.

Check out some of the Legislative Gazette's coverage of the 23rd race:

Race is tightening in 23rd

President to stump for Owens

23rd race heats up with Scozzafava in the pole position

After McHugh nomination, the race is on

Peter Facinelli Tweets for I Love NY

Actor Peter Facinelli has joined I Love New York to help the Empire State's tourism promotion agency launch its own Twitter.

Facinelli started tweeting for I Love New York on Oct. 16 and will be expressing his love for his home state between shooting for Showtime's series "Nurse Jackie" and filming for the latest saga of Twilight: New Moon.

Facinelli shares his thoughts to over one million followers on his Twitter site. His tweets are also posted on his official Web site.

Empire state officials are encouraging all New York fans to follow its @I_LOVE_NY Twitter. The state will also be using Twitter to promote the latest happenings, events, special offers and getaway opportunities.

Paterson reverses mandatory H1N1 vaccines for health care workers as supplies run short

Gov. David. A. Paterson has announced that state Health Commissioner Richard Daines has suspended the mandatory seasonal and swine flu vaccination requirements for New York state health care workers.

In his announcement, Paterson said, “Over the last week, the U.S. Centers for Disease Control and Prevention acknowledged that New York would only receive approximately 23 percent of its anticipated vaccine supply by the end of the month.”

The federal government had originally projected that 120 million doses of the H1N1 vaccine would be available nationwide by the end of October, however the CDC announced this week that only 23 percent of the original estimate, or 27.7, million doses would be available by this date. Daines said the Department of Health told hospitals that if the choice had to be made between vaccinating patients or employees, patients should come first.

The priority cases for vaccination spelled out by the CDC include pregnant women, children and young people between 6 months and 24 years old, people who care for infants under six months, because those infants cannot be vaccinated, people between the ages of 25-64 years old with medical conditions and health care workers.

Daines urged health care workers to be vaccinated when enough vaccinations become available, but said that “New evidence is showing H1N1 can be extremely virulent to pregnant women and young people — so they should be vaccinated first.”

Cuomo indicts ‘Man cave’ men

Two Office of General Services night maintenance employees, who allegedly spent months in a “man cave” in Albany’s East Parking Garage rather than working, were indicted on felony and misdemeanor charges last Thursday, according to Attorney General Andrew Cuomo’s office.

The 22-count indictment asserts that Gary A. Pivoda, 48, of Latham, and Louis Marciano, 50, of Rensselaer, used a storage space in the garage to use and deal drugs, watch television and sleep. In addition, the two men filed fraudulent time sheets.

“Instead of working, these state employees allegedly used public property and taxpayer-funded time to nap and party in a den of illicit activities,” Cuomo said in a statement. “New Yorkers expect state employees to obey the law, act in a professional manner and carry out their assigned duties.”

Inspector General Joseph Fisch said, “These employees allegedly committed felonies at the workplace on state time. This is outrageous behavior for anyone, much less a public servant.

Pivoda and Marciano are scheduled to appear in Albany County Supreme Court on Oct. 29.

Megna statement following leaders meeting

Budget Director Robert L. Megna issued a statement following yesterday's leaders meeting in which he warned of the consequences of not acting quickly to solve the state's $3 billion budget deficit.

"Unless action is taken to address New York's current-year budget deficit, our state government is likely to face significant cash flow difficulties beginning in December. During that month, several substantial local assistnace payments are scheudled to be made, including $2.5 billion in STAR and $1.6 billion in School Aid funding for school districts, $500 million in funding for city governments, and $500 million in funding for county governments, among others."

Without reductions in state expenditures, he says, the state may not be able to meet these obligations. If the Legislature fails to act, "we will have to begin to make difficult choices about which payments to delay." Megna asserts this could "create a trickledown effect on local governments and service providers across the state."

He also says New York could face a downgraded credit rating as a result of inaction. A lowered rating would make it harder for the state to borrow money.

SUNY Albany Students Say "No More Cuts!"

Yesterday, students and faculty flooded the bookstore lobby at SUNY Albany demonstrating an injury theme in response to Gov. David A. Paterson's $90 million proposed cut to the SUNY system.

Students sported Band-Aids and signs that read "no more cuts" as student New York Public Interest Research Group members spoke out against the budget proposal and called upon Senator Neil Breslin and Assemblyman John McEneny to help push for a budget deficit reduction plan that will protect students from experiencing another unfair tuition hike and more slashes to their school's budget.

"As a member of the SUNY community, I think these cuts are outrageous," said Jaqi Cohen, NYPIRG's higher education project manager. "Our university system has yet to recover from the hundreds of millions of dollars worth of cuts that were implemented last year, making this round of cuts more unbearable."

New report details toxins in waterways

Environment New York released a new report today, detailing the total amount of toxic chemicals released by industrial facilities into the Hudson River and other rivers, lakes and streams in New York and across the country.

Over 6.4 million pounds were dumped into New York’s waterways, and 230 million pounds were discharged across the country, according to the report, which used 2007 data from the U.S. Environmental Protection Agency. That data was the most recent available, the report stated.

“While nearly half of the rivers and lakes in the U.S. are considered too polluted for safe fishing or swimming, our report shows that polluters continue to use our waterways as dumping grounds for their toxic chemicals,” said Caitlin Seeley, field associate with Environment New York.

Leaders meeting

Legislative leaders, meeting with Gov. David A. Paterson and Lt. Gov. Richard Ravitch this morning in the Capitol, recommitted themselves to working together to cut the state's budget deficit. The leaders used the meeting to air concerns over last Thursday's proposal by the governor to cut $5 billion from the budget over the next two years.

Senate Democratic Conference Leader John L. Sampson, D—Brooklyn, said his colleagues agree with many of the proposed cuts, but fear how the $500 million cut to state agencies will impact SUNY and CUNY. The $500 million cut amounts to a 10 percent reduction in agency budgets. SUNY itself would face a $90 million cut.

Senate Minority Leader Dean Skelos, R—Rockville Centre, said that Republicans are concerned that the mid-year cuts in school aid are geographically disproportional. Skelos expressed his opposition to any new taxes, jumping on yesterday's interview on WNYC in which the governor floated the idea of a soda tax.

The governor backed away from the soda tax at today's meeting, saying the state wouldn't collect the taxes in time to meet payments in mid-December to schools, municipalities and others.

Paterson also shot down a recommendation from Assembly Minority Leader Brian Kolb, R—Canandaigua, that the state dip into its rainy day fund.

Sampson to discuss Monserrate's fate

New York state Senate Majority Conference Leader John L. Sampson will hold a press conference at 3 p.m. today in New York City to discuss the a 9-member Senate committee that will decide the fate of Sen. Hiram Monserrate.

Monserrate was recently found guilty of misdemeanor assault against his girlfriend. Several state Democrats and U.S. Sens. Kirsten Gillibrand and Charles Schumer have asked him to step down.

You can watch live footage of the press conference here: http://www.livestream.com/nysenate

UPDATE 3:50 P.M.
Sen. Eric Schneiderman will chair a committee to decide the fate of Sen. Hiram Monserrate who was found guilty of a misdemeanor charge of assaulting his girlfriend. The other Democratic members will be: Sens. Diane Savino, Ruth Hassell-Thompson, Toby Ann Stavisky and Andrea Stewart Cousins.

The Republican Senate conference has not named its four members.

Monserrate said he would comply with the committee's decision.

EPL/Environmental Advocates release 2009 Voters' Guide

EPL/Environmental Advocates, a New York state advocacy group, has released its 2009 Voters' Guide, which grades state legislators on their support for environmental legislation.

The group recognized Assembly Speaker Sheldon Silver, D—Manhattan, as its "Legislator of the Year." Its "Oil Slick" award, meant for the legislator who most opposed environmental bills, went to Sen. Craig Johnson, D—Port Washington.

Watch a clip of EPL/Environmental Advocates Executive Director Robert Moore announcing the results of the yearly guide during today's press conference.

Paterson’s approval ratings haven’t improved

The Siena Research Institute just released a poll showing that 27 percent of those surveyed in a recent poll have a favorable opinion of Gov. David A. Paterson, which is a small decline from last month’s approval rating at 29 percent.

Paterson’s job performance rating is even lower, at 19 percent.

Also, 72 percent of those surveyed would prefer “someone else” to be elected over Paterson. Those surveyed indicate a large preference of Attorney General Andrew Cuomo over Paterson in a hypothetical Democratic primary, respectively at 70 percent to 20 percent.

“By every measure, voters continue to keep Governor Paterson in the electoral cellar, and by every measure, Paterson’s numbers are within a handful of points or less of his all- time record lows,” said Siena New York pollster Steven Greenberg in a prepared statement. “It is now nine consecutive months of a favorable rating below 40 percent and eight consecutive months of a job approval rating below 25 percent."

Blame for the budget deficit from those surveyed went mostly to Democrats in the Legislature, with 19 percent blaming Democrats who control the Senate, 14 percent blaming Democrats who control the Assembly and 8 percent said it was both houses of the Legislature.

Although, 20 percent of those surveyed blamed the Legislature and Paterson.

"Clearly, there's blame for everyone involved," said Greenberg.

The poll was conducted Oct. 14 to 18 through phone calls to 624 registered voters and has a 3.9 percentage point margin of error.

Lawmakers Address Mercury Exposure

Assemblyman Robert K. Sweeney, D-Lindenhurst, lead a public hearing on mercury exposure in New York state, with Assembly members Ellen C. Jaffee, D-Suffern, and Brian P. Kavanagh, D-Manhattan, attending.

Better managing of mercury related hazardous waste and trying to phase out the use of mercury where possible are two goals of those who testified. Another key point was mercury emissions from coal-burning power plants and incinerators that release mercury into the atmosphere. Once mercury enters the atmosphere it can accumulate in large bodies of water and soil.

One factor is mercury emissions from other states’ industrial facilities travel downwind and account for a large amount of mercury pollution in New York state, said Hydrologist for United States Geological Survey Douglas Burns. Mercury emissions generated in New York account for about 20 percent of the total emissions in the state.

Elyse Kunz, director of Community Advocates for Safe Emissions, is concerned about the toxic substances coming out of the Lafarge cement facility in Ravena, Albany. She stated that the EPA in 2007 ranked Lafarge the fourth dirtiest cement kiln in the nation.

“I ask you today, please protect our community,” pleaded Kunz. “Protect the common good from avoidable health hazards and ensure that we have clear air to breath. Enact regulations to significantly reduce the hazardous pollutants from cement plants and other like it in the most stringent manner possible.”

A call to Lafarge North America was not returned at the time of this post.

UPDATE 10/21/09:

John Regan, environmental manager from Lafarge's Ravena plant said, "Our plant is strictly regulated by New York state DEC and we comply to all their laws and regulations.

“We tend to rely on the experts about issues like this," continued Regan. "We comply with the regulations, which are among the most stringent regulations in the world."

Regan cited the United States Environmental Protection Agency's nationwide data from 2007 that ranks Lafarge's Ravena plant 404th, and not the fourth as some critics have said, out of the 1,607 industrial facilities in pounds of mercury released.