Griffo to vote in Support of Major Senate Initiative to Regulatory Reform
(June 9, 2013) Senator Joseph A. Griffo (R-C-IP, Rome) said that the New York State Senate would immediately begin a comprehensive legislative initiative to identify the state regulations that most negatively affect the ability of employers to create jobs in New York.
Beginning Monday, the Senate will start with a vote on a series of over a dozen regulatory reform bills, highlighted by a Griffo-sponsored measure (Senate bill # 5519-A) to create a bipartisan Berger Commission-style Task Force charged with reviewing state rules, regulations and public authorities. If approved, the Commission would continue with a series of statewide regional hearings the Commission will make recommendations for the repeal of the rules that are determined to be outdated or unnecessary.
“This will be an ambitious undertaking,” said Senator Griffo. “With all the communication that we’ve had with employers and businesses, we’re aware of most of the regulatory morass that New York State creates for private companies. We need a complete picture and then decisive action that will create the positive regulatory conditions for all businesses. I’m confident that this will be the beginning of an ongoing process that will allow consistent reviews of the regulatory environment in New York.
Tomorrow, the bipartisan initiative will begin with vote on a series of fourteen bills that will examine targeted state regulations on business and the end of unfunded mandates on local governments and schools, including:
(S5519A, Sponsored by Senator Joseph Griffo) Establishes an 11-member, Berger Commission-style joint task force to perform a review and make recommendations relating to the necessity for each rule, regulation and public authority. The Task Force would be established every 10 years, beginning in 2014, to review current rules, regulations and public authorities. The panel would make recommendations the following year to eliminate rules and regulations it deems unnecessary. The Task Force recommendations would be binding, unless the Legislature rejected them, all or in part, by concurrent resolution. The official announcement of an Assembly sponsor of the companion legislation is expected shortly.
(S1294, Griffo-sponsored) Prohibits state mandates on local governments and school districts unless they are fully funded by the state. Assemblymember Anthony Brindisi is the sponsor of the companion legislation in the State Assembly.
In addition to legislation creating the Berger Commission-style Task Force, on Monday, the Senate will vote on legislation that would:
· Establish a task force to conduct a complete review of the State Administrative Procedure Act (SAPA) and regulatory review process;
· Eliminate 1,000 burdensome regulations on businesses;
· Give the Senate’s Administrative Regulations and Review Commission more oversight authority in the rulemaking process to ensure state agencies do not overstep their authority in implementing rules and regulations;
· Stop unfunded state mandates on local governments and school districts; and
· Require state agencies to provide more information on the costs and benefits of new rules.
Griffo Sponsored Measure to Spearhead Senate Majority Coalition Initiative to Eliminate Regs Detrimental to Businesses, Schools and Local Governments
(Albany, June 10, 2013) State Senator Joseph A. Griffo (R-C-IP, Rome) said that the New York State Senate will vote today to approve 14 regulatory reform bills as the first part of a major initiative, that includes statewide public forums, to identify and eliminate thousands of costly and unnecessary government regulations that inhibit job creation and drive up local property taxes.
The regulatory reform initiative is highlighted by a Griffo-sponsored measure that would enable the creation of a Berger Commission-style Task Force. The panel will have extraordinary power to review state rules, regulations and public authorities and make recommendations for the repeal of ones that are determined to be unnecessary. The Task Force recommendations would be binding unless they are rejected by the Legislature.
The package is designed to create a more competitive environment for businesses so they can create new jobs and grow for the future. Along with the need to deliver relief from high taxes, burdensome and unnecessary regulations continue to be a major obstacle when it comes to revitalizing New York’s economy.
In addition to legislation creating the Berger Commission-style Task Force, the Senate Majority Coalition has introduced 13 bills that are among those to be acted on by the Senate today, including legislation that would:
> Establish a task force to conduct a complete review of the State Administrative Procedure Act (SAPA) and regulatory review process;
> Eliminate 1,000 burdensome regulations on businesses;
> Give the Senate’s Administrative Regulations and Review Commission more oversight authority in the rulemaking process to ensure state agencies do not overstep their authority in implementing rules and regulations;
> Stop unfunded state mandates on local governments and school districts; and
> Require state agencies to provide more information on the costs and benefits of new rules.
Brian Sampson, Executive Director of Unshackle Upstate, said: “It will come as no surprise to anyone in New York that our businesses are saddled with layers of regulations that add to the cost of doing business and make them less competitive with out-of-state companies. It is time to reverse that trend. The Senate Majority Coalition understands that challenge and has presented a number of changes to help alleviate the pressure on our businesses. It is now time for the Assembly leadership to follow their lead, take up these bills, and pass them this session. If we can do that and not pass any misguided legislation for the rest of the session, then there is hope for our future. If not, then we will continue to see job loss and an outmigration of our people to states that are proactive in helping their businesses survive and flourish.”
Mike Durant, NFIB/NY State Director, said: “The constant flood of onerous regulations continues to be a significant barrier for small business and economic development across New York. The systematic review and elimination of senseless regulations needs to be a priority in Albany. This legislative package will be a first step in eliminating unnecessary regulations and help to create a more business friendly climate which provides for sensible regulatory oversight.”
Stephen J. Acquario, Executive Director of the New York State Association of Counties, said: “This would end new unfunded state mandates on local governments which in turn can reduce pressure on property taxes. Taken together, these laws will reposition New York’s business environment and improve the state’s economic competitiveness. I commend the Senate for advancing this legislation and encourage the legislature to approve it this session.”
The following bills are among those that will be acted on by the Senate today:
S5519A, Sponsored by Senator Griffo) Establishes an 11-member, Berger Commission-style joint Task Force to perform a review and make recommendations relating to the necessity for each rule, regulation and public authority. The Task Force would be established every 10 years, beginning in 2014, to review current rules, regulations and public authorities. The panel would make recommendations the following year to eliminate rules and regulations it deems unnecessary. The Task Force recommendations would be binding, unless the Legislature rejected them, all or in part, by concurrent resolution.
S5657 Creates a 19-member joint task force to undertake a thorough review of the 142-page State Administrative Procedure Act (SAPA) and regulatory review process since the Governor’s Office of Regulatory Reform has been disbanded for over two years. This law, which sets out the process used by state agencies to establish rules and regulations, was enacted in 1975 and since then, there has been no comprehensive review of the law.
S5166 Directs the Governor to repeal at least 1,000 regulations that place a burden on economic development and business by April 1, 2014. This measure was included in the Senate Republican’s “Blueprint for Jobs” economic development plan earlier this year. When this process is complete, the Berger Commission-style Task Force will begin its own review of existing rules and regulations.
S1294 Sponsored by Senator Griffo Prohibits state mandates on local governments and school districts unless they are fully funded by the state.
S5161 Gives the Administrative Regulations Review Commission (ARRC) more oversight authority in the rulemaking process and would give ARRC the authority to bring suit against an agency for a regulation that is in violation of state law.
S3462 Proposes a constitutional amendment to allow the Legislature to invalidate regulations that are not consistent with legislative intent or which are likely to have a substantial unanticipated fiscal impact on the state or local governments.
S1564 Requires the Regents to include certain information with respect to increased costs when altering or amending rules or regulations.
S4302 Streamlines the license application and renewal process for supermarket chains and other food chain stores.
S5536 Provides new incentives to facilitate the extension of existing natural gas lines to under-served businesses and consumers to spur economic development and job creation.
S5553 Requires state agencies to provide expanded information on the costs and benefits associated with an agency proposal.
S1784 Amends SAPA to authorize a group of businesses that are regulated by a state agency, or a representative of such businesses to petition a state agency for alternate methods of implementing a regulatory mandate that restricts the conducting or management of a business.
S3246 Facilitates electronic submission of documents by allowing state agencies to substitute affirmations for sworn oaths in permit applications.
S3245 Eliminates the requirement to provide free hard copies of the State Register to entities that opt to receive a free online version instead.
S2160 Requires state agencies to actively solicit comments from those who may be adversely affected by a rule proposed by SAPA and seek opinions on the administrative and/or financial burdens it may place on a regulated entity.
In addition to the reform legislation, the Senate Majority Coalition will conduct industry-specific public hearings across the state. The hearings will provide the opportunity to listen to businesses and local officials and learn which rules, regulations and mandates affecting their industry are the most useless, most costly, and should be eliminated.
Senate Approves Griffo Bill to Limit Legislative Leadership Tenure
(Albany, June 11, 2013) Last night, the State Senate passed legislation (Senate Bill #3556) sponsored by Senator Joseph A. Griffo (R-C-IP, Rome) which would limit the tenure of legislative leaders, which Griffo said is the kind of systemic-level action needed in Albany.
“One of the very first pieces of legislation I sponsored when I came to Albany in 2007 – and one that did pass that term — was a bill that would impose term limits on the most powerful offices in Albany, because I felt then and still believe that a structure that does not allow change cannot provide the climate of openness and transparency that I believe are vital elements in the functioning of government,” Griffo said. He noted that the State Senate has adopted term limits for leadership positions as a rule governing Senate operations, but said he still wants the limits formalized into law and also enacted by the Assembly to cover both houses.
“The Senate rule that I helped create sets a limit for four terms, or eight years. In the legislation I have sponsored, we have set a limit of six terms, that’s 12 years. That’s a long time to hold such a major office, and I think what we have seen is that when the same people are in power for a long time, the process does not function in the same open way is should when there is change.”
“I appreciate and respect the individuals who serve as leaders,” Griffo said. “However, I deeply believe that the system is broken beyond the ability of individuals to make it work. Imposing term limits on leadership positions jump-starts change to build a better system, and in the end state government must be built with a structure that gets the job done, not one that allows for the development of powerful individuals.”
Senate Bill #3556 passed the Senate by a vote of 57 – 4 . Griffo noted that his bill has an Assembly companion version, A.07026 (Galef).
Senate Passes Bill to Ban Sale and Possession of Synthetic Marijuana and Bath Salts
(June 12, 2013) The New York State Senate today passed legislation to address the threat posed to the public by “legal” but dangerous drugs. The bill (S1686), co-sponsored by Senator Joseph A. Griffo (R-C-IP, Rome) criminalizes the sale and possession of synthetic marijuana and “bath salts.”
“In 2011, we took a strong role to address the issue of these hallucinogenic drugs being sold in New York, and we passed a strong measure that Gov. Cuomo signed into law,” said Griffo. “However, law enforcement and health officials noted that there were some loopholes that could still lead to the distribution of the illegal substances into New York. I believe this new measure to close that technicality is a strong response to protect families and our law enforcement personnel.”
Synthetic marijuana or “fake pot” are herbs sprayed with chemicals called “synthetic cannabinoids.” These products — including Spice, K2, Cloud 9 and Black 9 — have dangerous side effects, including rapid heart rate, tremors, loss of consciousness and hallucinations. “Bath salts,” or “substituted cathinones,” are chemically related to methamphetamines or ecstasy and cause harmful physical and psychological reactions.
A law banning the sale of bath salts was enacted in 2011, and the New York State Department of Health has banned the sale and distribution of synthetic marijuana through an Order for Summary Action. However, possession of these substances — which may be purchased outside the state or via the Internet — continues to be legal.
The bill passed today criminalizes the possession of these products. Penalties for the sale and possession of synthetic marijuana and bath salts would be similar to those of marijuana and methamphetamines, respectively. For instance, sale of these substances to a minor, or on or near school grounds, would constitute a class B felony punishable by up to 25 years imprisonment.
In addition to outlawing the sale and possession of synthetic marijuana and bath salts, this legislation would establish a Statewide Synthetic Cannabinoid and Substituted Cathinone Surrender Program. For 90 days following the effective date of the law, the program would allow individuals to voluntarily turn over any products containing synthetic cannabinoids and substituted cathinones at designated locations throughout the state.
A state database would also be created and available on the New York State Department of Health’s website to provide retailers, law enforcement, and the general public with a listing of trade names, physical descriptions, brand names and images of the various products known to be either synthetic marijuana or bath salts.
S1686 has been sent to the Assembly.
Senate Passes Bill to Create a Registry of Violent Offenders
“Brittany’s Law” Provides More Information About Potentially Dangerous Felons
(June 12, 2013) The New York State Senate today approved “Brittany’s Law” to increase the safety and awareness of communities by creating a registry of convicted violent felons. The bill (S1850A), sponsored by Senator Michael Nozzolio (R-C, Fayette), establishes a statewide violent felony offender registry by requiring certain convicted felons to register with the New York State Department of Criminal Justice Services (DCJS) upon release from prison.
“Brittany’s Law represents a major step forward for our state in the fight against violent crime,” Senator Nozzolio said. “By putting new measures in place to track violent offenders and keeping our communities informed of their whereabouts, Brittany’s Law will save lives. As Chairman of the Senate Codes Committee, I will continue my aggressive efforts to enact tougher sentencing laws for violent criminals, reinforce laws to protect women and children from domestic violence, and strengthen the rights of crime victims to prevent future tragedy from occurring.”
“The recidivism rate of violent offenders necessitates the need for a new law that will help keep our communities safe,” said Senator Joseph A. Griffo (R-C-I, Rome), a co-sponsor of the measure. “Our goal is to avert future tragedies for New York families who will never recover from losing a loved one because this registry isn’t in place. New Yorkers have the right to know when violent offenders are living in their midst and this initiative will help law enforcement identify criminals who continually commit violent acts.”
Brittany’s Law is named for 12-year-old Brittany Passalacqua who was murdered in 2009 along with her mother Helen Buchel in Geneva, Ontario County. The killer, John Edward Brown, was on parole at the time of the murder. He was released from prison after serving 2 ½ years of a three-year sentence for assaulting his infant daughter in 2003.
The bill requires violent felony offenders to register with DCJS upon discharge, parole, or release from any facility, hospital, or institution. Similar to the state’s Sex Offender registry, violent felons would be assigned risk levels. Annual registration requirements and corresponding procedural guidelines would be established to allow local law enforcement agencies and the state to monitor the whereabouts of violent felony offenders. The measure would also allow the dissemination of and access to certain information in the database to the public.
The bill is under consideration by the Assembly.
