Bill Memos
Memorandum of Opposition
The above-referenced legislation was released by the Governor on June 4, 2013 and introduced in the Assembly yesterday. Within the package of ten policy objectives is an unnecessary and harmful expansion of abortion in New York State. Part J of A.8070 would accomplish the very same goals as the separately introduced “Reproductive Health Act” (S.438) but with fewer words and greater deception. This renders the entire act unacceptable, and we strongly urge you to reject it.
Part J of A.8070 would embed the US Supreme Court decision Roe v. Wade into New York statute, freezing New York law in 1973. This would repeal New York’s current law which allows abortion through 24 weeks of pregnancy (Article 125 Penal Law), but outlaws abortion after that unless necessary to save a woman’s life. The Governor’s bill would insert a broad health exception, interpreted by the courts not to mean serious physical health impairment, but rather, to include age, economic, social or other emotional factors. It is an exception that will permit unlimited late-term abortion on demand in New York State.
Recent changes to this legislation do nothing to alter the dangerous substance of the bill. A reference to the federal Partial-Birth Abortion Ban Act is meaningless, since no state law can conflict with a federal law under the U.S. Constitution Supremacy Clause. The amendment to include a 24-week viability line is hollow as well, as the bill continues to add the “anything goes” health exception, legalizing abortions after 24 weeks of pregnancy for virtually any reason. More 
Memorandum of Support
The above-referenced bill provides a personal income tax deduction up to $450 a year for school supplies paid for out of-pocket by elementary and secondary school teachers, principals and other personnel in public and non-public schools.
The New York State Catholic Conference supports this legislation.
While the quality of our educational system depends largely on the quality of teachers, even a dedicated, highly qualified teacher will have difficulty if their classroom is not equipped with basic materials and supplies. Yet we realize that many teachers typically spend hundreds of dollars of their own money to purchase basic and necessary educational supplies and materials for the students in their classrooms. More
Memorandum of Support
The above-referenced legislation would restore funding that was cut in this year’s state budget for non-profit developmental disabilities programs. The two bills are similar and seek the restoration of the $90 million that was cut, but at this time are not same as bills. The cuts came as a result of the loss of federal Medicaid funds based upon negotiations around earlier over payments.
Non-profit organizations and agencies that provide much of the care and services to developmentally disabled individuals and their families have been working hard to ameliorate the impact of these cuts upon those they serve. However, budgets are tight and anything that can be done to eliminate or reduce the magnitude of these cuts will be greatly appreciated. More
Memorandum of Support
The above-referenced legislation would restore funding that was cut in this year’s state budget for non-profit developmental disabilities programs. The two bills are similar and seek the restoration of the $90 million that was cut, but at this time are not same as bills. The cuts came as a result of the loss of federal Medicaid funds based upon negotiations around earlier overpayments.
Non-profit organizations and agencies that provide much of the care and services to developmentally disabled individuals and their families have been working hard to ameliorate the impact of these cuts upon those they serve. However, budgets are tight and anything that can be done to eliminate or reduce the magnitude of these cuts will be greatly appreciated.
The New York State Catholic Conference supports the appropriation of funding for developmental disabilities programs to offset cuts that were part of the 2013-14 enacted state budget. We have participated in a work group to attempt to come up with efficiencies that will help close the gap. Progress has been made since the problem was first identified months ago, and we are hopeful and encouraged as a result of lawmakers not losing sight of this important issue.
Both houses made earlier attempts at restoration and there appears to be overwhelming bi-partisan support for this effort. Under these circumstances there should be ample opportunity to address this situation in a manner that protects the safety and well-being of this vulnerable population.
Memorandum of Support
The above-referenced legislation would address a number of the exemptions in New York’s labor, public health and workers compensation laws that currently prevent farmworkers from accessing rights and privileges available to other workers in New YorkState.
The New York State Catholic Conference supports the Farmworkers Fair Labor Practices Act, and strongly urges enactment of this legislation.
Farmworkers are excluded from many of the laws that establish worker protections, including overtime pay, employer contributions to the unemployment and workers’ compensation funds, and public health protections including sanitation and housing standards. In addition to ending these exclusions, this bill would require that farmworkers be given a 24-hour day of rest in every calendar week which, whenever possible, would coincide with the laborer’s traditional day for religious worship.
In December 1999, legislation was enacted eliminating farmworkers’ exemption from the minimum wage laws. Enactment of this bill would continue the process of economic justice for agricultural workers. It would also grant collective bargaining rights to farm laborers.
There is no legitimate reason for treating farmworkers inequitably. They should be afforded the same rights, protections and benefits that other workers in New YorkState receive. It is unacceptable for farmworkers to be denied the basic labor, safety and health protections other workers enjoy. Farmworkers make a significant contribution to the production of agricultural products in this great state, and are deserving of being treated with dignity.
By recognizing the rights of farmworkers and the unique contributions of agriculture, New York can develop policies which bring economic fairness, safety, and dignity to the production of agricultural goods from which we all benefit.
Memorandum of Support
The above-referenced bill creates a State Office for Religious and Independent Schools within the State Education Department. The New York State Coalition for Independent and Religious Schools supports this legislation.
The 2013-2014 State Budget includes new funding for safety equipment for independent and religious schools. In light of the increasing concern and need for school safety and security, it is critically important that the safety equipment funds be administered as quickly, efficiently and effectively as possible. Moreover, while there are several state and federal appropriations and programs designed to benefit the students and teachers in religious and independent schools, the State Education Department has insufficient staff to oversee and coordinate the administration of those programs to ensure that such schools are receiving the services to which they are entitled or that such programs are administered efficiently and effectively. In addition, the local administration of aid programs benefiting religious and independent school students often becomes the responsibility of the public school districts or BOCES in which such independent or religious schools are located or in which independent and religious school students reside. Placing a burden on the public school system for administering programs intended to benefit religious and independent schools is unfair, inefficient and often ineffective.
The creation of an office with the sole responsibility of serving the needs of independent and religious schools will help ensure an efficient and cost-effective means of administering the safety equipment and academic intervention funds, and potentially other programs, while providing religious and independent school administrators with a single and self-sustaining office for accessing information and resources intended for their benefit. Moreover, creating the office within the State Education Department will help ensure that the state’s religious and independent schools remain integrally connected to the Regents’ efforts to prepare all students for college and careers.
The New York State Coalition for Independent and Religious Schools supports this legislation and urges its enactment.
Memorandum of Support
The above-referenced legislation would authorize banking organizations to refuse to disburse moneys in circumstances where there is reason to believe that a vulnerable adult may be being financially exploited.
This legislation would allow, but not require, a banking institution to act to protect the financial assets of a vulnerable adult from theft or conversion by relatives or other caregivers. The elderly, those age 65 and older, are the fastest growing segment in this country. They are vulnerable to varying types of abuse, including physical, psychological and financial. The proposed amendment to the Social Services Law would add a provision to the Adult Protective Services section to cover financial abuse. If a bank reasonably believes that financial abuse of a vulnerable person is occurring, they may refuse to honor the transaction and provide law enforcement or social service officials with documents relevant to the suspected financial exploitation. More
Memorandum of Opposition
Printable version HERE.
Send a message to Governor Cuomo and your legislators HERE.
The above-referenced legislation was released by the Governor on June 4, 2013. Within the package of ten policy objectives is an unnecessary and harmful expansion of abortion in New York State. Part J of the Women’s Equality Act would accomplish the very same goals as the separately introduced “Reproductive Health Act” (S.438) but with fewer words and greater deception. This renders the entire act unacceptable, and we strongly urge you to reject it.
Part J of Program Bill # 9 would embed the US Supreme Court decision Roe v. Wade into New York statute, freezing New York law in 1973. This would repeal New York’s current law which allows abortion through 24 weeks of pregnancy (Article 125 Penal Law), but outlaws abortion after that unless necessary to save a woman’s life. The Governor’s bill would insert a broad health exception, interpreted by the courts not to mean serious physical health impairment, but rather, to include age, economic, social or other emotional factors. It is an exception that will permit unlimited late-term abortion on demand in New York State.
To suggest that this change simply “codifies federal law” is disingenuous and misleading. It does not. One need only look to Pennsylvania to see that late-term abortion bans such as New York’s current law can be enforced when authorities choose to enforce them. There, in addition to murder and manslaughter, Dr. Kermit Gosnell was recently convicted of 21 counts of illegal abortion for performing abortion after the 24-week limit. Part J of this legislation would, in essence, make what is illegal in Pennsylvania, legal in New York. It would make New York a safe haven for late-term abortionists like Gosnell, encouraging them to set up clinics here, without fear of prosecution, to prey upon vulnerable women and children. This invites mistreatment and injustice against women, and is contrary to the stated intent of the Women’s Equality Act.
The bill would further endanger the lives of women by allowing non-physicians to perform abortions. The repeal of Penal Law Section 125.05(3) within Part J of this bill would remove New York’s current requirement that only a “duly licensed physician” may perform an abortion. The Governor’s bill does not state who would be permitted to perform the procedure, but instead references the Education Law, which gives the State Health Department authority to define “scope of practice” for health professionals. This cleverly-disguised provision would give the Health Department unlimited and unreviewable authority to determine who could perform abortions in New York. Such a dangerous and extreme change clearly puts women’s health at risk, and mirrors a national abortion strategy to permit non-doctors to perform abortions due to the declining number of physicians willing to do so.
In addition, the bill would permit abortion of any unborn child who is not “viable” for any reason, at any time in a woman’s pregnancy. But unlike the previous “Reproductive Health Act,” Program Bill #9 does not define “viability,” leaving it to the sole discretion of the abortionist – doctor or non-doctor – to determine if the child could survive outside the womb. This bill would then give the abortionist the authority to perform an abortion at any time during the pregnancy, right up to the delivery date of the child.
Such sweeping changes to New York’s abortion laws are completely unnecessary and defy common sense. New York State remains the abortion capital of the nation with the highest abortion rate of any state. New York City’s abortion rate remains at 40%, with some geographic regions within the city at 60%. The reality is, sadly, that no woman is without ample opportunity for an abortion in New York State.
Rather than voting on a bill that will increase the tragedy of abortion for both women and children, we urge policy makers to look at constructive ways to reduce abortion and truly make abortion “rare.” We strongly urge you to reject Part J of the Women’s Equality Act.
Memorandum of Support
The above-referenced bill amends the Finance Law to require that state agencies meet their obligations to not-for-profit organizations with which they contract to provide services essential to struggling and low-income New Yorkers.
The New York State Catholic Conference supports this legislation.
These difficult economic times have meant that, more than ever, every dollar of service provided by not-for-profits in New York has a real impact. The state has wisely recognized in turn that these not-for-profits are the most efficient and effective way to provide necessary services.
While under current law state agencies are required to furnish interest payments on state contracts that are paid late to not-for-profit organizations, no specific time exists by which such interest payments must be made. This bill seeks to rectify the injustice under current law by providing that such interest payments must be paid to the receiving not-for-profit corporation within thirty days of any payment required by contract, or as soon as monies become available, whichever is earlier. Such a requirement is necessary to ensure that state agencies are not empowered to ignore their obligations under contract or the state Finance Law.
In order to promote justice in the contracting process, and to further increase the quality and availability of services to the residents of New York State by providing already legally required interest payments in a timely manner to struggling not-for-profit organizations, the New York State Catholic Conference supports this legislation and urges its passage.
Memorandum of Support
The above-referenced legislation would establish the direct support professional credential pilot program to be administered by the Office for People with Developmental Disabilities for a period of three years. We support this proposed legislation as an important step in the right direction.
The intent of the legislation is to promote workforce recruitment and retention efforts, and enhance competency of direct support professionals in the developmental disabilities field. There is a growing demand for well-trained direct support professionals across a wide range of human service sectors. The job of a direct support professional is a difficult one, but it can also be a satisfying and rewarding one. This requires a workforce that is adequately trained, properly supervised, and appropriately compensated.
The New York State Catholic Conference supports the Direct Support Professional Credential Pilot, and strongly urges enactment of this legislation as a first step in recognizing the importance of this “pillar” of quality service.
The bill stresses the value of the opportunity to obtain a credential and enhance skills and competencies. It is important that this professional growth be connected to a career ladder that leads to opportunities for professional advancement. Support for increased compensation in the publicly funded service system is essential. Appropriate and sufficient salaries and benefits are a critical element in attracting and retaining qualified direct support professionals.
Clearly the credentialing of direct support professionals will have a benefit to the developmental disabilities service delivery system and the vulnerable population it serves. It must also have benefit to the direct support professionals who invest the time and energy to pursue the credential. This will hopefully be recognized as a part of the three year pilot program.
Ongoing opportunities for participation in professional development activities need to be provided throughout the course of one’s career. These efforts can be incentivized in a variety of ways. Collaboration with community colleges and other institutions of higher education can create a pathway to professional advancement and satisfaction through the accumulation of college credits and ultimately a college degree. Having long term staff who have had the opportunity to advance their career in a supportive environment serves as an example to newer employees and will result in better quality services to those in their care.
