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54 Willett Street - Albany, New York 12210-1104 - Phone: (518) 432-0599

November 6, 2006
 
 
NEW YORK POLITICS
By Tom Faist, Esq., Faist Government Affairs Group, LLC.

Governor:   Democratic Attorney General Eliot Spitzer continues to hold a huge 40-50 point lead over his GOP opponent, former Republican Assembly Minority Leader John Faso in the race for Governor.
 
Spitzer hopes for a huge electoral victory, so he may claim a mandate from New York voters for “reforming Albany.”   As Governor, Spitzer expects to set the agenda for the Legislature, with respect to tough political issues such as property-tax reduction, education spending, reshaping the health care system, transportation spending, workers’ comp reform, stimulating upstate economy, to name a few.
 
Spitzer’s campaign camp is so confident of victory, that they are already engaged in transition planning in Albany.  Likely players in key roles include:
 
Secretary to the Governor, Richard Baum.  Baum is currently Spitzer’s Chief of Staff and top campaign aide.  Baum is former Minority Leader of the Orange County legislature.
 
Counsel to the Governor, David Nocenti.  Nocenti is currently Counsel to the Attorney General, and served as an Assistant Counsel to then Governor Mario Cuomo.
 
Communications Director, Darren Dopp.  Dopp is currently Press Secretary to the Attorney General, and served in a similar capacity for Assembly Speaker Sheldon Silver.
 
Press Secretary, Christine Anderson.  Anderson is currently Spitzer’s campaign spokesperson.
 
Appointments Secretary, Francine James.  James is currently Personnel Director in the AG’s Office.
 
Health Policy Advisor, James Tallon.  Tallon is currently President of the non-profit United Hospital Fund of New York, and is a former Assembly Majority Leader and Chair of the Assembly Health Committee.
 
Environmental Policy Advisor, Judith Enck.  Enck currently holds a similar position in the AG’s Office, and started her career with the Environmental Planning Lobby and NYPIRG.
 
Lt. Governor:   Spitzer’s running mate for Lt. Governor is Senate Minority Leader David Paterson.
 
Faso’s running mate is Rockland County Executive Scott Vanderhoef.
 
Outgoing Lt. Governor Mary Donohue’s nomination to the U.S. District Court for the Northern District of New York, would likely be rejected by the U.S. Senate, if the Democrats take back the majority in the midterm elections.  This, according to comments made by U.S. Senator Chuck Schumer (D-NY), who would then head the Senate Judiciary Subcommittee on the federal judiciary.
 
Attorney GeneralFormer H.U.D. Secretary and Democrat Andrew Cuomo
Cuomo continues to enjoy a double-digit lead over former GOP Westchester County District Attorney Jeanine Pirro in the race for Attorney General. 
 
Pirro’s campaign has weathered news of a federal probe into her past discussions to bug and tape her wayward husband Albert Pirro, whom she suspected of having an affair.  But Pirro can’t seem to close the gap between herself and Cuomo.
 
State Comptroller:  Embattled incumbent Democratic Comptroller Alan Hevesi appears to be on the brink of being removed from office even if he wins reelection.  This is due to the continuing political and legal repercussions of “Chaffeurgate” wherein Hevesi has been using a state-paid bodyguard to chauffeur his ailing wife around town on personal business from 2003-2006.  Hevesi has personally reimbursed the State of New York some $83,000 in compensation for the bodyguard’s services during this time and was ordered by the Attorney General’s Office to place an additional $90,000 in escrow pending resolution of its investigation.
 
Separately, a Special Investigator appointed by Governor George Pataki, former U.S. Attorney David Kelley, has issued a report stating that there is a “preponderance of evidence” that Hevesi knowingly violated the law.  This investigation was in response to a State Ethics Commission report released last week, which determined that Hevesi had likely violated the law.  However, Kelley stopped short of recommending that the Governor ask the state Senate to begin proceedings to remove Hevesi from office. 
 
Hevesi is being separately investigated by Democratic Albany County District Attorney David Soares for possible criminal violations.
 
The potential beneficiary of Hevesi’s political and legal woes is his GOP opponent, former Saratoga County Treasurer Chris Callaghan, who first revealed use of the state-paid bodyguard as a personal chauffeur for Hevesi’s wife.  A Siena College poll of likely voters now shows Hevesi with 39% support to 35% for Callaghan, a virtual statistical tie, since the poll has a 4% margin of error.
 
Both GOP Senate Majority Leader Joseph Bruno and GOP Assembly Minority Leader James Tedisco have called upon Hevesi to resign prior to the Election.  Hevesi has defiantly refuses to resign, even after gubernatorial frontrunner Eliot Spitzer publicly rescinded his endorsement of the Comptroller.  If Hevesi is removed from office by the Senate, upon recommendation of the Governor, or if Hevesi is impeached by the Assembly and Senate, then the Legislature sitting as a Committee of the Whole, would vote for his successor.  This means that the Democrats, led by Assembly Speaker Sheldon Silver would choose Hevesi’s replacement.
 
U.S. SenateIncumbent U.S. Senator Hillary Clinton is on course to easily beat former GOP Mayor of Yonkers John Spencer to retain her Senate seat.  Clinton enjoys huge leads over Spencer in every major political poll, and has over $40 million in her political campaign war chest. 
 
With her reelection apparently secure, Clinton can now focus her political sights on the White House in 2008.  She has never pledged to serve out her full 6-year Senate term if reelected.
 
U.S. CongressWith the Democrats already holding 20 of New York’s 29 Congressional seats, several GOP incumbents are on the defensive from tough Democratic challengers.  National political money has been pouring into the state for last minute T.V. ads in several key races:
 
19th District – Hudson-Valley GOP incumbent Sue Kelly faces a spirited challenge from Democrat John Hall a musician formerly with the rock band Orleans. 
 
20th District – Capital Region GOP incumbent John Sweeney is in a virtual statistical tie with Democrat Kirsten Gillibrand.  The campaign has been especially nasty, with reports of alleged spousal abuse by Sweeney and alleged tax evasion by Gillibrand.
 
24th DistrictGOP State Senator Raymond Meier is opposing Democratic Herkimer County D.A. Michael Arcuri for the seat left open by the retirement of Republican Congressman Sherwood Boehlert.  Ordinarily considered a safe Republican seat in the Mohawk Valley, anti-war sentiment and a poor local economy are pushing voters to the Dems.
 
25th District – Syracuse Republican incumbent James Walsh faces unexpectedly tough opposition from Democrat Daniel Maffei.
 
26th District – Incumbent Republican Tom Reynolds is in a dogfight of a rematch with Democratic millionaire Jack Davis in the Niagara Frontier.  Reynolds is the head of the Republican Congressional Campaign Committee, and has been tarred with the Iraqi war brush and the Congressional page scandal brought on by former Florida Rep. Foley.  Davis continues to hammer away at anti-NAFTA sentiment in a District that has lost good paying manufacturing jobs.
 
29th District – Incumbent GOP Rep. John “Randy” Kuhl is fighting hard against Democrat Eric Massa an anti-war, retired U.S. Navy Commander in his sprawling Finger Lakes District.

ELECTION PROGNOSTICATIONS

STATE SENATE:  All signs seem to indicate that the Senate Republicans will hold onto their current majority.  Even the Senate Democrats concede that they are looking to the 2008 to finally gain control of the State Senate. 
 
Recent fundraising events in the past two weeks have seen the Senate GOP rake in over $700,000 for its collective reelection efforts.  This is over 10 times the amount raised by the Senate Democrats in the same span.
 
One of the hottest Senate contests is in Westchester between incumbent GOP Senator Nick Spano in a knockdown-dragout rematch with his Democratic challenger, Westchester County Legislator Andrea Stewart-Cousins.  Spano beat Stewart-Cousins by a mere 18 votes in 2004.
 
The other Senate bid to watch is GOP Assemblymember Jeff Brown’s race against one-term incumbent Democratic Senator David Valesky in Syracuse.  Valesky eked out a victory 2-years ago by a few hundred votes, in a 3-way race that saw the Conservative Party candidate siphon off votes from then GOP incumbent Senator Nancy Lorraine-Hoffman.

STATE ASSEMBLY:  No surprises are expected in the Assembly.  If anything, the Democrats may add to their already veto-proof majority, which currently stands at 105-45.

Since New York is a strong leadership state, majority party control is paramount in either House of the Legislature, to determine the flow of legislation in each Chamber, as well as negotiation of the state budget with the Governor.

BUDGET SURPLUS PROJECTED

The Director of the Division of the Budget John Cape has projected that New York will end the current 2006-2007 State Fiscal Year with a $1.1 Billion surplus, due to stronger revenues from state economic growth and lower state spending.

However, DOB also predicts a $2.7 Billion budget deficit for SFY 2007-2008.

PORK BARREL SPENDING

The Albany Times Union has won a lawsuit against the Legislature, following denial of its Freedom of Information Law (FOIL) Requests for so-called “member item” discretionary spending lists.  Each House of the legislature dispenses about $85 million annually in discretionary grants for community projects or organizations in their legislative districts.

The court has ordered the Senate and Assembly to divulge such information listed by legislative district.  Both the Senate and Assembly have said that they would comply with the court’s order, but that the lists would probably not be ready for three weeks, well after Election Day.

Single Payer Issues


Single-Payer Health Plans - analysis

Canada Relents On Health Care - newspaper clip

Canadian Retirees In The Crosshairs - article

Canadian Employers Cutting Health Benefits - article


Canadian employers cutting health benefits: Study
By Gloria Gonzalez
March 08 15:04:00, 2006

More than half of Canadian employers plan to reduce retiree medical benefits, but the vast majority of employers remain committed to providing the benefit, according to a new survey.

A study by Hewitt Associates’ Canadian division found that 53% of employers plan to reduce retiree health care benefits in the next three years by adopting stricter eligibility requirements, eliminating or capping medical services or increasing retirees’ shares of health care costs. Employers cited rising health care costs, accounting costs and the large number of employees planning to retire in the next decade as the key reasons for such changes.

Only 4% of employers, though, said they would eliminate the benefit entirely, while 43% said they would not make any changes.

The survey also found that most Canadian employers (63%) have not decided how they would respond to the development of a private health care system in Canada. Of those companies that have decided, 59% said they do not intend to cover the costs of private health care under any circumstance. This question relates to last year’s Supreme Court of Canada decision that struck down Quebec's ban on private health insurance for services provided by the public system (BI, Feb. 20).

The survey featured responses from 218 Canadian employers.

A copy of the Hewitt study, "Postretirement Health Care Benefits in Canada 2006," can be obtained by calling (416) 225-5001 or by e-mailing infocan@hewitt.com.
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Click Here - Send Your Assemblyman An Electronic Message

Urge Gov. Pataki to Sign A 11129
Contact The Governor's Office Today! 

I'm pleased to report that the referenced bill was signed into law by Governor Pataki, to authorize the sale and issuance of salary protection insurance in New York State. -- Tom Faist, Esq.
 
Here's a link to the actual bill signed August 16, 2006: A11129
 
For a summary of bill A11129: Click Here
 
Issue
This bill authorizes a new type of insurance, salary protection insurance, to be sold in New York. The bill also permits the sale of salary protection coverage in the excess line market to ensure that New Yorkers who desire this coverage have the broadest possible access to markets that are willing to provide the coverage.

Salary protection insurance is a coverage that provides a layer of insurance over the maximum benefit obtainable through authorized insurers with respect to disability insurance income. There is consensus among financial planners that individuals and their families require, at a minimum, two-thirds of the wage earner`s salary in a disability situation. This level of income benefits, however, is at odds with standard authorized insurance market practice to provide income benefits commensurate with fifty percent of an individual`s salary, up to a monthly maximum benefit amount.  Conceptually, salary protection insurance, which is available in most states, would provide wage earning individuals whose disability coverage is insufficient to meet their financial needs, with a level of financial security presently unavailable in New York.  Unfortunately, New York insurance buying consumers who are currently compelled to purchase this coverage outside the state do not enjoy the protections afforded by New York`s statutory and regulatory provisions relative to this insurance.

New York is one of four states that does not permit agents to sell this type of insurance protection. Governor Pataki can do that by signing this bill.  Your voice will make a difference.

Governor George Pataki has until August 16 to sign Assembly Bill 11129 into law. Voice your strong support of this bill by asking him to sign it. It will only take a few minutes to let the governor know that you want him to sign this critical piece of legislation into law!

Take Action Now!

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Lobby Day 2006

NYSAHU's Lobby Day Meeting was on April 25, 2006.  The appointment schedule with the specific meetings with the Assemblymembers is in .PDF format for your review.  To open and print the schedule - Click Here.

Thomas W. Faist, Esq.
Faist Government Affairs Group, LLC
54 Willett Street
Albany, New York 12210-1104
(518) 432-0599 (tel)
tfaist@aol.com

What's Going on in New York
The Lobbyist's Corner

Faist Government Affairs, LLC publishes legislative updates featured on this website.  Previously published updates are archived and available from the list below.

May 15, 2006 Update

June 18, 2006 Update

September 15, 2006 Update

October 1, 2006 Update

November 6, 2006 Update

You may download previously published Faist Government Affairs legislative updates, available in a .PDF file format, by clicking on the corresponding link.

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Legislative and Hearing Information

December 4, 2006 at 10:00 a.m.
A joint public hearing notice by the Assembly Standing Committees on Aging, Health & Insurance, inviting testimony on A.10634-A (Englebright), the Compact for Long Term Care.  The Senate companion bill, S.3530-C (Golden), unanimously passed the Senate on June 22, 2006. Click here for complete details.

click here - Electronic Search for New York State Bills by year - click here

New York State Legislature - Bills of Interest to NYSAHU

Bill No.

As of March 10,2006

A2424A

Dinowitz -- Authorizes reimbursement for testing for familial dysautonomia, Canavan's disease and Tay-Sachs

03/06/06 amend (t) and recommit to insurance
03/06/06 print number 2424a

A2912A

Tonko (MS) -- Enacts Timothy's law

03/08/06 passed assembly
03/08/06 delivered to senate
03/08/06 REFERRED TO INSURANCE

A3176

Gottfried (MS) -- Provides for reimbursement for nurse practitioner services under certain policies of health insurance including individual and group accident/health

03/06/06 reported
03/06/06 rules report cal.497
03/06/06 ordered to third reading rules cal.497

A9534A

O'Donnell -- Creates the "fair share health act" consisting of a program and fund

03/06/06 amend (t) and recommit to codes
03/06/06 print number 9534a

S1937A

GOLDEN -- Provides an increase in the long-term care insurance credit for persons age fifty-five and older and establishes a schedule of credits based upon years of coverage

03/07/06 AMEND AND RECOMMIT TO AGING
03/07/06 PRINT NUMBER 1937A

S3530B

GOLDEN -- Enacts the New York long term care insurance plan

03/07/06 AMEND AND RECOMMIT TO AGING
03/07/06 PRINT NUMBER 3530B

S6560A

MORAHAN -- Prohibits the public posting or public display of a person's social security account number

03/06/06 1ST REPORT CAL.427
03/07/06 2ND REPORT CAL.
03/08/06 ADVANCED TO THIRD READING

S6909

 

 

MORAHAN -- Relates to the confidentiality of social security account numbers

03/06/06 REFERRED TO CONSUMER PROTECTION
03/07/06 1ST REPORT CAL.443
03/08/06 2ND REPORT

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