Archive for the tag 'laws'

Source: Senator Golden's offices

Source: Senator Golden’s offices

The following is a press release from the offices of State Senator Marty Golden:

State Senator Martin J. Golden, the Chairman of the Senate Select Committee on Science, Technology, Incubation and Entrepreneurship, today is announcing that he has introduced legislation that will allow the email of a person who has passed away to be accessed by the executor of their estate.

The bill, S. 6176, has been introduced in the wake of growing concerns as more and more New Yorkers decide to handle their bills and finances electronically. As a result, individuals designated to settle an estate upon a person’s passing, require the information contained in new e-mail messages, and documents stored in email folders.

Senator Marty Golden stated, “As we continue to encourage people to go green and pay their bills on line, we must be cognizant of the fact that when a person passes away, many of their records are stored and managed through their email account. I look forward to working with my colleagues to create this important law in New York State. I believe this will assist in the difficult work of getting an estate’s affairs in order for we all realize that the despite one’s passing, e-mails of bills and statements do continue.”

Ten states already have similar laws including Delaware, Indiana, Nevada, Oklahoma, and Connecticut. Nine states are working towards creating such a law in their states including New York and New Jersey.

25 mph speed limit

The New York City Council yesterday passed legislation that reduces the citywide speed limit on residential streets from 30 miles per hour to 25 mph, a move that lawmakers and advocates said would, if properly enforced, dramatically reduce traffic-related injuries and fatalities.

After state legislators voted in June to allow the city to lower the speed limit, the Council approved the bill, sponsored by Councilman David Greenfield, that aims to slow vehicles on streets where speed limits are not posted – meaning roads overseen by the state Department of Transportation (such as expressways and parkways) will not be affected. The reduction is part of Mayor Bill de Blasio’s Vision Zero initiative, which aims to dramatically curb traffic injuries and deaths over the next decade.

“Reducing the default speed limit in New York City is the lynchpin of Vision Zero,” Greenfield said in a statement to the press.

City officials said they plan to launch a three week publicity campaign about the speed reduction on Monday, according to the New York Times, and the new speed limit will go into effect on November 7.

The nonprofit Transportation Alternatives also backed the Council’s move, saying “if properly enforced, the new speed limit could prevent more than 6,500 traffic injuries in the next year and cut the annual number of pedestrian fatalities in half.”

The group urged de Blasio to quickly give his stamp of approval to the bill – which the mayor is expected to do and sent out his own statement praising the Council’s vote – and stressed that the NYPD and city Department of Transportation need “to send a stronger message about the dangers of speeding by continuing to improve traffic enforcement and public information initiatives.”

“Unsafe driver speed is the number one cause of traffic deaths in the city, killing more New Yorkers than drunk driving and cell phone use at the wheel combined,” Transportation Alternatives said in the same statement. “A pedestrian hit by a driver going 25 mph is twice as likely to survive as a person hit at 30mph.”

While Councilman Jumaane Williams, who represents portions of Midwood as well as Flatbush and Ditmas Park, was in Cleveland for the vote, he said in a statement Tuesday he would have voted against it.

“I fully support the need to reform traffic laws in New York City, and the majority of proposals offered in ‘Vision Zero,’” Williams said. “When the issue of the citywide reduction previously came before the Council, I voted to give the City discretion on lowering the speed limit, since I believed the City deserved to make this decision. At the same time, I believe that this legislation is too broad in the form passed today and I would have voted against it.”

“Instead of an overall speed limit reduction, the better approach is to study the City’s various neighborhoods and major arteries and assess, with specificity, where a lower speed limit makes the most practical sense,” Williams continued. “For example, it makes sense to carve out school zones as necessary places to have a lower speed limit, as many young people populate these areas. Many side streets and other ‘Slow Zones’ in my district would also benefit from a lower limit. In fact, I would vehemently support lowering the speed limit on many residential streets in my district – with some areas even lower than 25 mph.

Williams goes on to say that he will “continue to support increased enforcement, through speed cameras and stepped-up enforcement of current traffic rules and regulations, and have consistently done so.”

Another local member of the Council, Mark Treyger, who represents Coney Island and Gravesend, voted in favor of the bill, but expressed concerns about enforcement.

“There’s little dispute that there has been a serious number of traffic-related fatalities and there’s no dispute that speed kills,” said Treyger. “The issue that I continue to raise is the issue of enforcement … and making sure it does not become a mechanism for increased revenue, like for these cameras where some of them are problematic. I think it should be for the true intention – to save lives.”

Treyger pointed to the controversial placement of a speed camera on Shore Parkway next to a Belt Parkway exit ramp, as first reported by Sheepshead Bites, as an example of “gotcha” enforcement to be avoided.

“To me, ['gotcha' enforcement] undermines the entire program [of Vision Zero]. The intention should not be to harm working families who are just trying to get home,” he said.

Another area pol praised the legislation as potentially life-saving.

“Lowering the speed limit can drastically reduce a serious fatality. My district has a high population of seniors and reducing the speed limit could mean the difference between life and death.  No one should ever have to experience the loss of a loved one to a traffic accident,” said Councilman Chaim Deutsch.

To see a copy of the bill, you can go here.

Photo via Governor Andrew Cuomo.

With additional reporting by Ned Berke.

Source: smokershighlife/Flickr

Brooklyn District Attorney Ken Thompson announced Tuesday that his office will no longer prosecute first-time offenders arrested for low-level misdemeanor marijuana possession charges, suggesting it’s been a waste of resources that unfairly targets young men of color.

The DA laid out the new policy in a press release, saying that he will decline to prosecute marijuana cases where the defendent has no prior arrests or a minimal criminal record, and has given authorities a verifiable name and address. However, his office also provided a list of exceptions that may be prosecuted. The exceptions include cases where a defendant is nabbed smoking in public, is a sex offender, has an open warrant or the marijuana is found as a result of search warrant.

Here’s Thompson’s full statement:

“My office and the New York City Police Department have a shared mission to protect the public and we will continue to advance that goal. But as District Attorney, I have the additional duty to do justice, and not merely convict, and to reform and improve our criminal justice system in Brooklyn,” District Attorney Thompson said.

“This new policy is a reasonable response to the thousands of low-level marijuana arrests that weigh down the criminal justice system, require significant resources that could be redirected to more serious crimes and take an unnecessary toll on offenders. Pursuant to this policy, we will use our prosecutorial discretion to decline to prosecute, and dismiss upfront, certain low-level marijuana possession cases based on criteria concerning the particular individual and the circumstances of the case. For example, cases will be dismissed prior to arraignment for those with little or no criminal record, but we will continue to prosecute marijuana cases which most clearly raise public health and safety concerns.

“This policy does not express approval for the use of marijuana and should not be interpreted as such. The policy will not apply to those who smoke marijuana in public, or in the presence of children. It will not apply to 16 and 17-year-old offenders, who instead will be redirected on to a healthier path through a diversion program. It will not apply to those with a serious criminal history, to those who are known to act in a dangerous manner while under the influence, or to those who have a history of selling drugs to children,” District Attorney Thompson said.

“If the conduct in which the offender has engaged is the mere possession of a small amount of marijuana in public, it would not, under most circumstances, warrant saddling that offender with a new criminal conviction and all of its attendant collateral consequences related to employment, education and housing,” the District Attorney said.

“Furthermore, in 2013, this office processed well over 8,500 cases where the top charge was a class ‘B’ misdemeanor marijuana possession. More than two-thirds of those cases ended up being dismissed by judges, most often because the defendant was offered an adjournment in contemplation of dismissal at his or her criminal court arraignment. The processing of these cases exacts a cost on the criminal justice system and takes a toll on the individual. Given that these cases are ultimately — and predictably — dismissed, the burdens that they pose on the system and the individual are difficult to justify. We are pouring money into an endeavor that produces no public safety benefit,” the District Attorney added.

The news of Thompson’s decision will not mean a policy shift for the New York Police Department. Regardless of prosecution, possessing marijuana remains illegal, and NYPD Commissioner Bill Bratton said the announcement “will not result in any changes” at the department, suggesting cops will still make the bust.

Meanwhile, state lawmakers proposed the Fairness and Equity Act yesterday, which seeks to implement the spirit of Thompson’s decision statewide. The act aims to address racial disparities in the arrests by slashing the penalty for possession from a misdemeanor to a violation that carries a fine. It would also allow those previously convicted of possession to clear their record.

IMG_0075

Photo by Eric Jankiewicz

New York State Department of Conservation “wildlife specialists” opened fire on a pair of mute swans in upstate New York last Tuesday, orphaning their four baby swans and defying a two-year moratorium on lethal population management techniques that had just passed the Senate and Assembly.

The incident took place in Black River Bay, when residents spotted an unmarked boat approaching a group of swans. Moments later, gunshots rang through the air and two of the swans were dead. Residents, thinking the gunmen poachers, chased them down to discover that they worked for the environmental agency.

“DEC was carrying out a long-standing protocol to manage this invasive species that threatens other species in this sensitive habitat,” the DEC said in a prepared statement to the local television station.

The news riled up two New York City legislators who led the fight to protect the swans.

“This is an outrage,” said Assemblyman Steven Cymbrowitz in a press release. “We’re doing everything we can do [to] safeguard the swan population in my own Sheepshead Bay community and elsewhere, but clearly DEC did not get the memo.”

“I am absolutely outraged at these horrific turn of events, which occurred almost simultaneously as the State Senate passed a two-year moratorium on your agency’s careless and controversial plan to eradicate all wild mute swans in the state by 2025,” State Senator Tony Avella of Queens. “What is even more troubling is that the shootings happened in broad daylight, in front of passerbys enjoying their day near the Bay.”

Cymbrowitz and Avella introduced the legislation creating the moratorium in the Assembly and Senate, respectively. Although it passed both houses, Cuomo has not yet signed it into law.

The moratorium came after the DEC revealed a draft plan in January to eliminate entirely the mute swan population across New York State. The plan was sharply criticized by animal advocates and those who see the swans – which have populated some areas in the state including Sheepshead Bay for more than a century – as a welcome part of the community. The agency announced in March that it would hold off using any lethal population management techniques until a new plan was made that was more sensitive to the community’s wishes.

The agency appears to have reversed course yet again, spurring criticism from the pols.

“Even without the moratorium being signed into law, the implication was that DEC would stand by its good-faith promise and keep the swans off death row until further notice,” said Cymbrowitz. “Instead, we’re getting a clear indication that DEC can’t be trusted and still plans to engage in the sanctioned killing of mute swans.”

Both pols have sent letters expressing their outrage to Joseph Martens, the commissioner of the DEC.

Source: formulanone/Flickr

Mayor Bill de Blasio won a victory in Albany early this morning when both houses of the state legislature gave the green light to lowering the New York City speed limit from 30 miles per hour to 25 miles per hour.

After concerns earlier this week that Senate Republicans could prevent the bill from coming to a vote, it passed overwhelmingly in both houses and has been sent to Governor Andrew Cuomo for his signature.

The measure is a key item of de Blasio’s Vision Zero initiative, which seeks to make streets safer and eliminate traffic deaths citywide. Several of the initiative’s proposals require approval from state lawmakers, including speed limits and the installation of speed cameras.

The idea was first floated by the mayor earlier this year, but received a tepid response from lawmakers. It became increasingly politicized, with Senate Republicans threatening to block it from coming to a vote as retribution for de Blasio’s calls for returning that legislative body to Democratic control. Senator Andrew Lanza, a Republican representing Staten Island, suggested as recently as yesterday afternoon that he would oppose the measure if it did not fold in his proposal to require stop signs be installed around all city schools.

Ultimately, de Blasio and traffic safety advocates won out in a down-to-the-wire vote during the season’s final legislative session in the capital. The bill was passed 106-13 by the Assembly in a late night session, while the Senate took it up early in the morning, passing it 58-2.

An earlier version of the bill called for the speed limit to be reduced to 20 miles per hour, but was quickly squashed by legislative leaders.

Photo by Erica Sherman

The following is a press release from the offices of Councilman Mark Treyger:

Council Member Mark Treyger, Chairman of the Committee on Recovery and Resiliency, is pleased to announce the passage of City Council legislation he sponsored to provide relief from tax increases on properties that were damaged during Superstorm Sandy and subsequently rebuilt to its prior condition. As a result of today’s law, property owners will not be penalized with unfair tax increases simply for performing critical repair work to their homes.

The issue arose several months ago, when storm victims began being hit with increased property assessments and real estate taxes as a result of necessary repair work to repair damage caused by the storm. The impacted property owners facing higher tax bills included several residents of Sea Gate and Coney Island who contacted Council Member Treyger for assistance. He has since worked with Mayor de Blasio and his City Council colleagues including Speaker Melissa Mark-Viverito and Councilman Vincent Ignizio to have this legislation passed as quickly as possible. Thanks to today’s legislation, most property owners who had their 2014 fiscal year property assessment reduced from 2013 as a result of storm damage, but then increased for fiscal year 2015 due to repairs, are eligible for this partial abatement.

“Victims of Superstorm Sandy were being victimized all over again by unfair increases in their property tax bills. To make matters worse, this was happening at a time when many families’ budgets are stretched to the maximum and every dollar counts. To ask someone to pay higher taxes for necessary repair work is patently unfair and only adds insult to injury for these New Yorkers. I am pleased that Mayor de Blasio, Governor Cuomo, our State Legislature and the City Council recognized the urgent need to immediately address this issue and came to a solution that is fair for all sides,” said Council Member Treyger.

Homeowners whose fiscal year 2015 assessment exceeds the fiscal year 2013 assessment that reflected the property value prior to the storm are covered under this law. The abatement will appear on impacted homeowners’ July property tax bills. In cases where the repair work resulted in an increase in the building’s square footage, this law provides for a decrease that is proportional to the increase in the building’s size.

For more information on eligibility requirements, contact 311 or the NYC Department of Finance at nyc.gov/finance.

IMG_0075

Photo by Eric Jankiewicz

The following is a press release issued yesterday by the offices of Assemblyman Steven Cymbrowitz:

New York’s mute swans may at last have a voice in their future.

The Assembly today passed a bill introduced by Assemblyman Steven Cymbrowitz (D-Brooklyn) that would effectively save the state’s 2,200 mute swans from a state-mandated death sentence.

The legislation (A.8790A) establishes a moratorium on the Department of Environmental Conservation’s plan to declare the graceful bird – as iconic to Sheepshead Bay as the fishing boats and the Emmons Avenue promenade — a “prohibited invasive species” and eliminate the state’s entire population by 2025.

The bill requires DEC to hold at least two public hearings and to respond to all public comments before finalizing any management plan for mute swans. In addition, DEC would be required to prioritize non-lethal management techniques and include scientific evidence of projected and current environmental damage caused by the mute swan population.

In late January, Assemblyman Cymbrowitz launched a well-publicized outcry when DEC announced that it would kill the swans because of the damage they purportedly cause to the environment and other species such as ducks and geese. But experts remain conflicted about whether the birds inflict much damage at all, the lawmaker said, making it imperative to examine the issue further.

Other states including Vermont, Rhode Island and Connecticut currently use non-lethal methods to control their mute swan populations, “which demonstrates that the precedent is there for using a humane alternative,” he said.

Assemblyman Cymbrowitz’ pro-swan advocacy has attracted the attention of animal advocacy organizations like GooseWatch NYC and Save Our Swans. Locals from Sheepshead Bay and Brighton Beach, especially those well-versed in the daily struggles of non-native residents, also feel a kinship to the plight of the immigrant species.

“We know all too well the challenges that make acceptance difficult in a new and sometimes unforgiving land. For people, and for every living being, we need to extend a helping hand,” he said.

Ariel Jasper is leading the fight to legalize ferret ownership. (Photo by Vanessa Ogle)

by Vanessa Ogle

There are dog people. There are cat people. And, now, there are ferret people.

For the first time since 1999, New York City is considering reversing a ban on ferret ownership in all five boroughs. Though ownership is legal throughout the rest of the state, former Mayor Rudolph Giuliani enacted a citywide ban, which the Bloomberg administration defended.

But that hasn’t stopped residents from secretly owning ferrets.

So Sheepshead Bay resident Ariel Jasper, 23, was excited when Mayor Bill de Blasio took office. De Blasio, who seeks to ban horse drawn carriages from city streets, has already earned a reputation from animal rights activists as a more compassionate mayor for animal rights than his predecessors.

“Growing up, I had an interest in ferrets,” Jasper told Sheepshead Bites. “They were adorable.”

She’d been eager to stop the ban but didn’t feel that the Bloomberg administration would have been receptive. In early January, after de Blasio took office, she launched a Change.org petition that now has more than 380 supporters. Now Jasper, a master’s student at Brooklyn College, is the frontlines activist to overturn the ban and credited with prompting the change at City Hall.

On Tuesday, officials from the Health Department confirmed they would support lifting the ban.

Ferrets, though commonly misidentified as rodents, are actually part of the weasel family. They have a lifespan of between five and nine years and they have the same bite incident as a cat or dog.

“We allow very powerful dogs in our society,” Jasper said. “I don’t understand the double standards.”

Jasper feels that with ferrets—like all animals—it comes down to responsible pet ownership.

“You never leave any child unsupervised with any animal,” she said.

Her only concern about the legalization of ferrets revolves around impulsive pet store customers.

“Ferrets have an initial cuteness,” she said, but adds that they shouldn’t be purchased on a whim. “They need space and they require special care. They are not cage animals.”

Legalization could take place anytime between June and December. And when it does, Jasper plans on owning a ferret.

“Once everything’s legal,” she said.

Oceana complex (Source: Google Maps)

Assemblyman Steven Cymbrowitz responded to anonymous allegations published today in a local newspaper, which claim he is in cahoots with Oceana condominium developers to privatize a portion of Brighton Beach, by saying it “pisses me off” and is “totally inaccurate.”

The response is to a Will Bredderman political column in Brooklyn Daily, which cites an anonymous source as saying the pol is “trying to broker a deal that would permit the swank, beachfront Oceana Condominiums to take over a section of the public shore.”

“I think it just goes to show what Will Bredderman and [Brooklyn Daily's publisher] Courier-Life print. There are inaccuracies in every part of it, and anything I sent to him, he didn’t write,” Cymbrowitz told Sheepshead Bites.

In the column, Bredderman points to the pol’s opposition to the elevated comfort stations in front of Oceana as evidence that the pol is attempting to clear the way for a privatized beach. They also note the 2013 bill introduced by Cymbrowitz, and first reported on by Sheepshead Bites, that would transfer jurisdiction of the beach from the more restrictive state Department of Environmental Conservation to the city’s Parks Department. The paper called the bill, which was cosponsored by Assemblyman Alec Brook-Krasny,  “a first step toward privatization.”

“I think that’s inaccurate. My response to him was simply that, by giving the jurisdiction to the Parks department, it would allow us to use the money that was received from [Brook-Krasny's predecessor] Adele Cohen years ago to build a bike path,” said Cymbrowitz. “DEC wouldn’t allow it. But if the Parks Department had jurisdiction, they would have done it. [Bredderman] didn’t write any of that.”

That bill was squashed following a Sheepshead Bites’ report, although it briefly reemerged earlier this year before being pulled again. Last year, Cymbrowitz said he killed the bill because he was disappointed with Parks’ handling of the comfort stations, although this outlet noted at the time that the bill was introduced after Cymbrowitz came out against the Oceana restrooms. Cymbrowitz said the bill’s reappearance this year was because his staff automatically reintroduced it as a matter of routine, and that he killed it after it came to his attention.

Moreover, Cymbrowitz said he doesn’t see how transferring jurisdiction from a state to a city agency helps privatize a beach, and unequivocally stated that he never had conversations with Oceana’s developers, Muss Development, or any other party about privatizing the beach.

“Absolutely not. Never. And how could… I don’t even think it’s possible to privatize a public beach. So whoever Bredderman is getting his information from is totally inaccurate. And that’s I think what pisses me off more than anything else, all the inaccuracies. Why doesn’t he name who said it, or who the conversation was with if I had a conversation? That’s not going to happen,” he said.

Muss Development has for years boasted of a “private beach” as one of the amenities at Oceana on its website. On being contacted by Brooklyn Daily, the company called it a “typo” and said they had no discussions with the assemblyman regarding the privatization of a stretch of Brighton Beach for their benefit.

That, locals say, is bunk.

“If you’re asking me what the facts are, the facts are that Oceana wanted a private beach from the beginning and marketed it that way,” said local activist and longtime Brighton Beach resident Ida Sanoff. “It is common knowledge that they claimed to be building a private beach there when they first opened. They told a number of my neighbors who looked at apartments there about a private beach. And, early on, they had security guards [on the sand in front of the development] and whoever wandered by was told it was a private beach.”

Sanoff, who is also the executive director of the Natural Resources Protective Association, and who was the first to sound the alarm about the 2013 legislation turning over jurisdiction, said she continues to have concerns about that bill.

“Of course I’m concerned,” she said. “The Parks Department does have the ability to issue franchises,” meaning allowing private concessions to operate on the beach. “So if someone, somewhere, decided this is what they wanted to do [on these beaches], once Parks has control of the beach it could be done routinely. And once it’s done here, you’ve set the precedent to do it on any beach in New York City.”

Sanoff, though, said she had no idea if that’s what Cymbrowitz’s intent is, and said she did not know of any meetings between the pol and Oceana’s developers about privatizing the beach.

“Cymbrowitz, I haven’t spoken to the man in years,” she said. “I know as much about what’s going on in his head as I do President Obama’s.”

Bredderman declined to comment on this article without approval from his editors. We will update this post if we receive a statement.

Source: smokershighlife/Flickr

The bill legalizing medical marijuana passed the State Senate Health Committee on Tuesday, bringing it a step closer to law.

While advocates, including the bill’s sponsor, Senator Diane Savino, celebrated, Capital New York turned to one of the bill’s main opponents, Senator Marty Golden, for his thoughts. What followed was a pretty interesting exchange, in which Republican Golden argues for federal oversight, while Democrat Savino portrays it as a states’ rights issue in which New York must lead the way:

Golden said he believed medical marijuana would be legal at some point in New York, but “I don’t believe it should be now.” He said he would be inclined to support medical marijuana when the Food and Drug Administration supports it at the federal level.

Savino delivered an impassioned response.

“I wish, I really wish that the F.D.A. would move, but as it’s been noted in the past, the F.D.A takes its own sweet time,” Savino said. “In the meantime, people suffer. Children suffer. People die.

“Why is it so important for us to act before the F.D.A finally decides to do it? Because in so many ways, Senator Golden, New York is the watershed state,” she said. “As New York goes, so goes the nation. And we, if we are successful in establishing the tightest most regulated program in the country, we will become the model and the F.D.A. will finally acknowledge that they have been sticking their head in the sand about this issue for far too long.”

I’m not quite sure when, in the course of recent history, Democrats became the party of states’ rights and Republicans became the party of broader federal powers, but medical marijuana is hardly the only issue to exhibit the new paradigm (DOMA, anybody?).

Regardless, it’s not yet clear whether the bill will come to a floor for a full vote during the current session. Although it’s garnered some Republican support, and Savino said she has enough votes to pass it, Republican leadership remains cold to the idea and introduced a competing bill last week that does not allow any smokeable forms of the drug to be used for any reason.

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