Advocates
and capitol insiders have characterized the 2013 legislative session as 'the
session of scandal' or 'Seinfeld lite, much ado about nothing.’ For the League’s
legislative agenda it was profoundly disappointing. As the League's legislative director I have
been through sessions where we knew our issues would be a heavy lift – especially
in the areas of government reform, whether it was budget reform or voting reform,
ethics reform or openness in government – but after three decades of walking
the capitol, I really thought we had finally evolved when it came to equality
for women.
Where
things stand:
Women’s
Equality Act –
As you know by now, The Assembly passed
the entire 10 point Women’s Equality Act on Thursday, June 20. On Friday, June 21, Senator Klein introduced
a hostile amendment (the language of the WEA, codifying Roe v. Wade into law)
to a bill about medical records. After a debate about abortion, all
Republican Senators and two Democrats voted that the amendment was not germane
to the bill. This procedural vote, by a show of hands, will serve as a
record of where the Senators stand on reproductive choice.
After that maneuver, the remaining nine
points of the Women’s Equality Act were each introduced as separate bills,
debated, and passed (all but one, unanimously). The Assembly refused to
consider the separate bills before adjourning on Friday evening.
This leaves us with
no law because there is no “same as” bill in either house. The
Assembly could come back some time during this legislative session and pass the
same nine points that the Senate did, and I hope that they will.
Throughout the
1980's and 1990's the League strongly opposed legislation that would roll back
reproductive health in NY and we were mostly successful. So updating New York's law to codify Roe v
Wade was not unimaginable. Boy was I
wrong! It would appear that the
Conservative Party with their stranglehold over the Republican Party superseded
many Senators need to call themselves pro-choice. In the Assembly the need to protect Speaker
Silver and legislative egos got in the way of making every day women’s' lives
better. In the end New York did not pass
any of the Women's Equality Agenda, except for one provision on human
trafficking, which extends to 17 from 15 the age at which judges can offer
counseling instead of jail time to minors facing prostitution charges. On a slightly more positive note the League
did get much visibility throughout the session on the Women's Equality Agenda
traveling to Seneca Falls to introduce the Governor, speaking out on media
outlets and at rallies.
I had hoped that
the extraordinary efforts we all put into trying to pass WEA would make us
successful, and that we could cross these items off our “to – do” list.
But instead it is time to just take a breather, recoup our energies, and be
persistent.
Campaign
Finance Reform -
Despite the introduction of three major campaign
reform bills (Speaker Silver’s, Governor Cuomo’s program bill, and the IDC’s)
and a great deal of public support, yet another session went by without passage
of a comprehensive campaign reform bill.
Once again New York State’s leaders missed the opportunity to stem the
tide of corruption in Albany and give New Yorkers the transparent, responsive,
and ethical state government they deserve.
Reform on this front has, of course, always been a heavy lift in Albany
– this is an issue that affects legislators’ election and reelection, and they
almost always opt for the status quo.
While the Assembly passed Speaker Silver’s Fair
Election bill back in May, comprehensive campaign finance reform bills were
blocked from coming to the floor for a vote in the Senate. Late last Thursday night, Senate Democrats
introduced the Fair Elections bill as a hostile amendment to another bill. However, the amendment was ruled non-germane
– the vote on its germaneness failed to gain enough votes to pass.
We will continue to advocate vigorously until
comprehensive campaign finance reform becomes a reality in New York. Going into the summer, we now look to see
what comes of the governor’s Moreland Commission to investigate corruption in
Albany.
Voting
Rights –
The Voter Friendly Ballot Act and a bill to allow
16- and 17-year-olds to pre-register to vote stood very little chance of passing
because the Senate majority likes the way they are elected (i.e. the status quo). Thus, the bills did not pass this session and
next year, an election year, these bills will again stand little
chance….Unless, of course, there is a change in how the Senate coalition works
(or doesn’t work).
Hydrofracking
–
Although there was much vigorous lobbying by our members
and environmental advocacy groups on A.1046/S.674, the bill, which would have
required fracking waste to be treated as the hazardous waste it is, died in the
Senate Rules Committee (the legislative graveyard). At the end of session, all bills end up in
Rules, which is controlled by leadership and decides what does and does not
come to a floor vote. Like so many other
bills this session, A.1046/S.674 was denied a vote on the floor.
Education
-
The
League did have one victory, an "under the radar" bill that came up
very late the last few days of session. This was legislation that would constitute a
burdensome unfunded mandate for school districts by requiring for expensive
private special education school placements and services, regardless of whether the placement,
program or services made available by the district are appropriate – and
regardless of whether the placement, program and services offered by the
district are better than those preferred by the student’s parents – so long as
the private program/placement preferred by the parent is also appropriate. We were able, along with many education
advocates (including NYSUT, NYS Council of School Superintendents, NYS NAACP,
NY Civil Liberties Union, the UFT, School Administrators Association of NYS,
NYS School Boards, Big 5 School Districts and NYC DOE) to hold it back in
the Assembly after it had passed the Senate (Click here to watch the Senate debate on
the bill).
This is a very
dangerous bill that would be an "unfunded mandate'" on public school
districts. With the help of
Assemblymember Pat Fahey and the upstate Assembly Republicans, we were able to
run out the legislative clock. Late
Friday night too many Assembly Democrats had left the capitol and the session
ended without addressing this bad bill.
It is sad that our one accomplishment was killing a bad bill and not
putting forward any reform legislation.
