Monthly Reminders

July 2010

- To add a fresh look to your flower beds turn over the mulch. Keep up with the weeds.

- Check and clean the gutters, drains & catch basins.

- Are your trash barrels looking old or is your dumpster too small for the job? Replace them with new or bigger ones.

- Check your doors, doorknobs, locks and hinges, are they in good working order?

- Grease the springs of your overhead doors. Check their cables, wheels and hinges too!

Do you have a reminder you would like us to post? Send it to us!

News | NYSCWA Legislative Update

NYSCWA Legislative Update - Fall 2009

Power Change In Albany Means More Work on the Grassroots Level
By William Y. Crowell, III

The 2009 regular legislative session recently concluded leaving many New Yorkers confused and chagrined. The focus of the media was directed at the State Senate. The 2008 elections resulted in a 32-30 Democratic majority. The State Senate had been controlled by the Republicans since 1964. The State Senate was long on drama with coups, leadership changes and weeks of inaction while a coalition attempted to function.

The most basic yardstick to measure the Legislature with is the number of bills passed. To date, both houses of the 2009 Legislature have passed a total of 554 bills. This compares with the 2008 legislative session where both houses passed 829 bills that went to the Governor for action. These numbers underline the turmoil experienced in Albany.

The shifting of leadership and control effectively made it impossible at certain points of the session to identify decision-makers on specific legislative proposals. The Senate, much like the U.S. Senate, had always been a stopping point where legislation was scrutinized from a more conservative point of view. The Senate Republicans, because of their make up of largely upstate and suburban representatives, also provided more
input from that regional point of view.

The 2008 election represented a major realignment of regional interest politics in New York State. The majorities of both houses of the Legislature are now dominated by legislators from New York City. This shift in power from upstate to downstate will have consequences in future allocations of resources and in the focus on various issues and problems. This new reality is the result of demographic population changes which have made New York a strong “blue” state.

With a threadbare majority of 32-30, the Senate Democrats’ control will continue to be perilous. The defection of any one of their members on a particular piece of legislation will result in either the necessity of Republican support to achieve passage or, alternatively, a stalemate. The operative result in many cases this session has been stalemate. Although many in the media have railed against stalemate, this is not always a negative result when viewed from the perspective of a small business owner facing a new legislative mandate which results in additional cost and regulation. The current configuration of the State Senate makes it difficult to pass legislation. This situation, combined with the State’s troubled fiscal condition, makes it improbable that sales tax reform is achievable in the near term.

The slim majority in the Senate has made the individual legislators more important. The Senate, preceding 2009, was characterized by a relatively strong and cohesive leadership. As a consequence, trade associations and other interest groups focused attention on the leadership and the committee chairs where their legislative programs were considered. Legislators regularly gave deference to the judgment of the leadership and chairpersons.

The current situation will require an approach often characterized as retail politics. This translates into more outreach and education of individual legislators on issues affecting the membership of the Association. Outreach on issues needs to extend not only to the chairperson but also to individual committee members and members generally. This requires more participation by membership in outreach to their individual legislators. Downstate members need to be particularly energized to reach out on issues because of the realignment. As the political dialect in New York State shifts to grassroots, “astroturfing” and the Working Families Party, there remains no substitute for direct contact with individual legislators. It is not easy but it is just another challenge to running your business in New York State.

William Y. Crowell, III is a partner with the Albany-based law firm of Whiteman Osterman & Hanna LLP. He can be contacted at 518/487-7677, or at email him.

Top Stories

Monthly Reminders

NYSCWA Legislative Update - Fall 2009

Power Change In Albany Means More Work on the Grassroots Level By William Y. Crowell, III

Power Change In Albany Means More Work on the Grassroots Level
By William Y. Crowell, III