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This program is made possible by the law and scrutiny,
providing residents throughout New York State
with total insurance coverage.
This program is a production of WAMC News.
From all of it, this is the legislative design,
a weekly half hour review of New York State government
and public.
Post is the political scientist,
syndicated columnist, Dr. Alan Charcot,
of the State University.
Hello and welcome to the legislative design.
I'm Don Decker, cityman for Dr. Alan Charcot.
This weekly gentleman governor, Stan Lundin,
talks about why he thinks the Democrats shook the state
with victory.
We'll hear from the head of the New York State
Bar Association, the first woman to occupy that seat
in their 110-year history.
We'll also look at the constitutional amendments
that passed on election day, and we'll examine the issue
of scofflaw nursing homes.
All that and more is all coming up on this week.
The legislative design.
The New York State Bar Association is studying legislation
on surrogate parenting and reproductive biotechnology.
The bar is also investigating complaints about the hearings
that are held by state agencies.
Both initiatives were launched by the Association's
first woman president, here is Maurice Mall
with Applemore.
Mary Ann Sakomando Friedman is the first woman president
in the State Bar Association's 110-year history.
She has a special interest in the legal ramifications
of surrogate parenting, in vitro fertilization,
embryo freezing, genetic modification,
and other reproductive technologies.
The bar association president feels New York lawyers
have a responsibility to study and recommend legislation
on these practices.
A bar committee is currently looking
at the various legal questions.
Sakomando Friedman says many of these issues
have not yet been raised in lawsuits
that are certain to emerge eventually.
An example of a BBM case, really only addressed
whether or not you would develop current trends.
Did not address questions of if the stern
had backed out of current trends,
what would have been Mr. White's responsibility?
If Mr. Stern had done or have dispermed,
he had met some accidents in some carrying
what would Mr. Stern's obligations and responsibility
have been from who this child on his or had
inheritance rights and he had seen
token he had rights to inherit from the child
with reference to the, you know, there's just a few
of the issues that were not addressed,
but are there and are going to come up
and for which I think we need a comprehensive public policy.
Bill's have been introduced in the New York legislature
on surrogate parenting.
One proposal would ban the practice of accepting money
and return for bearing a child to be adopted by someone else.
Another bill would allow but regulate surrogate parenting.
Sakomando Friedman says these bills are all too sketchy.
She says we need a comprehensive measure
that will answer all the legal questions
that will be raised by surrogate parenting.
Another initiative launched by Sakomando Friedman
is a Bar Association review of Cal State
agencies conduct their hearings.
A Bar Association task force is following up on complaints
from citizens and lawyers who say agency hearings are too often
unfair, delayed, confusing, or understat.
Sakomando Friedman says the Bar Association is focusing
on five state agencies, motor vehicles,
environmental conservation, health, education,
and social services.
They were chosen not because of numerous complaints
about their hearings, but rather for the various
characteristics of those agencies.
For example, the Department of Motor Vehicles
is being studied because of the large number of citizens
who come into contact with the department
and Khan was chosen because its hearing process
has drawn widespread praise.
And the Bar Association is studying social services
because predominantly low income people
testify at that department's hearings.
Sakomando Friedman says the Bar Association expects to make
specific recommendations both on state agency hearings
and reproductive technologies sometime next year.
For the legislative gazette, this is morey small.
Some call them scofflaw nursing homes.
Others call them illegal adult homes.
But what both have in common is their unlicensed,
random McMahon takes a look at the decision.
The issue has reared its head a few times,
but yet another situation has come up in upstate New York.
Some call them scofflaw nursing homes.
Others call them adult residences.
But either way, they're both unlicensed.
The issue is a complex one with varied points of view
and it's not just over what to call it.
Lin Morgan owns a home in West San Lake in Rensselaer County.
And she takes care of 10 elderly people who, for a significant fee,
live at her home.
Morgan's home was first found out by the State Department of Social Services
to then notify the Department of Health.
This residence is allegedly violating federal,
fire safety regulations and in order to conform to the standards,
a radical restructuring of the wood frame home would be necessary.
This case is currently pending in state Supreme Court,
but the issue is one that has come and gone
and it certainly shows the need for some change or clarification of state law.
Wood Norick is executive director of the New York Association of
Homes and Services for the Aging,
an advocacy group for the non-profit public nursing institutions.
Norick says he agrees with the State Health Department
that residences such as the Morgan home should be regulated.
If someone operates, let's call it a group home
so that we don't identify it as either a nursing home or a golf home,
a group home. They have to meet certain standards of New York State
and the reason that these standards have been created
is to protect the public, protection against fires against other types of disease
against all types of environmental factors,
which are meant to protect the individuals living there
and give some sort of feeling to the people of the state
that there is protected entity out there.
We have to remember that the elderly in our society are well-thought-of.
They are not crazy, they are not prison inmates,
but frequently they end up in institutions called nursing homes.
And society has taken a responsibility to assure
that those who enter nursing homes receive the greatest possible protection.
And that protection includes good quality food, good nursing care,
good activities, and good physical plant.
Now if anybody can open up the nursing home,
then the state doesn't know where the place is located or what it provides.
Furthermore, we know that very small places like ten beds
may be very nice places to live in a family type of arrangement,
but they do not usually provide a four-range of high-quality services
as one might find in a 60 or 80-bit nursing.
As a result, there are a lot of reasons not to have a ten-bed unlicensed
home for the elderly.
Nurex says the issue isn't either watching out for the elderly
or enforcing regulations.
Rather, it's both a safety issue and a financial concern.
Medicaid often puts the bill for nursing home care,
and Nurex says the public money should be used efficiently.
That means supporting larger residences with proper facilities.
But as some women Robert DeAndre, ranking chairman of the aging committee,
says regulations are important, but the West San Leicone should stay open.
I certainly support regulations and control learning else,
but we get to a point on a lot of times there are some regulations that just sound reasonable.
I think if the state can find some way to keep through a flow,
roll her money, advance payments, or do whatever we can,
does it in industry and do it in a very reasonable fashion financially and otherwise,
then we should do it.
One of the reasons DeAndre urges helping the home is because of the shortage of
nursing home space in New York State.
We've been trying to encourage the state wherever we can,
possible to expand the disarea and add nursing home space.
One of the things that they've been trying to do, at least in the state,
is when some of those have been closing down hospitals to lack those needed
space for acute care, they have been closing down to trying to get them
determined to get them to nursing home beds and other facilities.
That is one way we can pick up some beds that we move along those lines,
but I still think we have to have a nursing home from
raised at New York State and we need to add beds to other needs as well.
The Andrian Norwick are both looking out for the good of the elderly residents,
but other factors have to be considered.
The money used to pay for the facility is often coming from state and federal governments.
If one home is supported by the state, why would others come forward looking for
state support? And then there's the safety issue,
who's responsible of a fire breaks out?
And finally, maybe most importantly, how many other homes are out there?
Lloyd Norwick answers that question.
We have heard over the years, not about specific places,
but over the years we've heard that there are unwicens adult homes throughout New York State.
And at adult homes, a group living arrangement that doesn't provide nursing,
but does provide ford and care and care in the afternoon daily living by eight.
As Norwick says, someone has to discover the home first,
and maybe it's simply a case of what the state doesn't.
No, won't hurt it.
What then the reason for pursuing this case so diligently is because violating such
strict fire regulations may result in irreversible damages.
These are just some of the issues the lawmakers are contemplating.
For the legislative gazette, this is Brenda McMam.
Lieutenant Governor Stan Lundee has been busy to pass a couple of weeks,
campaigning for various Democrats all over the state.
Election Day is coming gone and Lundee talks with Dave Gillettley about the many victories
for local Democrats, state wives.
Lieutenant Governor Stan Lundee, welcome.
And this week has been Election Day is past this.
I understand if you've been keeping camps on some races across the state,
what happened?
What about for you on Tuesday?
It was a great night for Democrats, all of the Democrats in New York say,
from Uri County where Assemblyman Dennis Ford,
he became the first Democrat in history to be elected county executive
in the Greater Buffalo area to the tip of Long Island where Assemblyman Pat Halvin was elected
as the first Democrat to be county executive in Suffolk County.
Including the Rochester area where Tom Fry, former Assemblyman and former assistant
the Governor and Carrie, one of the sounding victory over a 17 year incumbent Lucian Moore
for County Executive and down to Yonkers where we won Mayor's race with 28 year olds,
a new summer, one term city council member, beat the long time incumbent Republican Mayor.
So it was a tremendous breakthrough for Democrats controlling these major counties in the
Fourth largest city and the state will mean a lot to future Democratic uppercut Democrats in the
state. Well I guess that brings to mind then the control of the state's Senate. Do you think
that there's any any things being foreshadowed here? Well it's hard to say it's a extraordinary
where we win most of the congressional races on Long Island but don't have a single state senator
in some of Brad Alexis on Long Island. They obviously redistricted those seats in a way to
preserve the Republican majority and it won't be easy but we're certainly going to be analyzing
whether we have a base from which to build and well certainly be stronger in areas like
Suffolk, Saniri and Monroe County because of this great victory the last night.
Now do victories in local county races have more than that as an invitation for example do
you change the dates from the counties and get into more straight line contents for the
to get them? Well I think the biggest that's been it frankly is that when you control the county
you have a tremendous fundraiser and obviously when I was in time with them I represented an
enormous area that would heavily recover them but if the Democrats covered the pulver at the
we did it for some time in Chicago County you just had a base of the war that was there that
you put drawn you didn't have any control of any county so it is an exact
way of understanding the system but for the old coils system but it does make a lot of
effort to track the most different how much effort did you put into these reasons? I put a lot of
effort I was in all of these three county effective races and the one in town I was up and on
Tweego to the Mayor's race there which we won I was down in El Miro where we a Democrat
beaten and completely public and I also was in Rome where we did not win and Utica and
Elmeda County were solidly in the public and I campaigned out of commitment to find woman
office holders to feel patented from the county executive and such a county one re-election
yesterday and for Karen Johnson one in Narell factory and I'm so happy about that.
Lieutenant Governor Stan Lundy voters all over the state had only one thing in common on election day
a constitutional amendments on the ballot Bruce Robertson takes a closer look at the changes
that New Yorkers approved the only decision voter statewide had in common on election day were
the two constitutional amendments on the ballot the first amendment which was more controversial
than the second was the question of widening state-owned ski trails in New York the amendment was
approved 52 to 48 and it now allows white face, grower and bill air mountain ski resorts to increase
their slope width from KV to 200 feet the sponsor of the constitutional amendment Senator Ronald
Stafford says the expansion will help the skiing industry which brings large revenues to the state
and the out of our own back. The tourism and people coming to our area of the skiing, in the winter
or other sports and recreation and other times of the year that is part of our lifeblood
and whatever we can do to improve these situations I think we have to fit a very very close.
Stafford also says widening the ski trails is a safety caution. We have to have
ski areas that are safe and this has been one of our main concerns is some of the trails should be
wider to make it safer and also for better skiing and people are going to come to our areas
then we have to have good skiing if it is competitive field. Patan Klygerman, chairman of an area
brand of the Sierra Club and a strong opponent of the amendment says there are other ways to make
this most safer. The forest preserve has been extremely well protected by that amendment
and arbitrary changes to it are not wide in our opinion. In addition the current allowance for
ski trails has not even used up they have not constructed all ski trails they are allocated
allows to do I believe they can truck up a 20 mile and they are well under the at this point
at each of the mountains. So we feel that there were other ways they could have expanded the
ski at the mountains namely build more trails 80 feet wide then by widening certain trails
and taking more land from the mountains. Klygerman says article 14 of the constitutional amendment
was meant to preserve the forest lands and not meant to be amended at the public or the state's
whim but although the Sierra Club cannot do anything to reverse the approved amendment they can
and will be a watchdog to make sure no more of the preserved land is used up. The other constitutional
amendment which was not as controversial but which also ran into opposition was a technical change
for recipients of bonus points on civil service exam. Assemblyman Angelodelle Poto is the sponsor
of the amendment. The President and Law and New York State said that veterans are entitled
10 up to 10 extra points on civil service exams that they have taken taking qualified for
the extra credit which in many times allows them to get charged with the state you know
it gives them a leg up for the state. The only qualification was that at the time of
the establishment of the description for the army you have to be a New York State resident
at the time you went into the army or the Navy or whatever military service to get this credit.
What we're doing with this amendment here just says that any veterans can get the credit
whether they work in New York State resident as a time of description or a structure.
For example, for sure how many of our state citizens who may have been listed in the file for
Puerto Rico or another state and then the guys who make the law state their home.
Angelodelle says the New York Times and Women's organizations composed the measure but both were
also opposed in general to the use of bonus points on civil service exam. The new amendment will
offer bonus points to more veterans state-wide but the office of veterans affairs didn't know how many
people would be affected by the measure. What a legislative gizette this is Grisropic.
The state of New York wants controls put on drugs like valium and librain.
That report the Laurel Douglas. New York State is appealing a court decision which denied
them the right to regulate a category of tranquilizers which the public recognizes valium and librain.
These drugs which the state wants to include in its triplicate prescription program are considered
mild tranquilizers under the general label Benzodiasapines. The state health department is attempting
to require doctors to prescribe Benzodiasapines in only 30 days of flies and to write the prescription
interpretate. One copy would go to the pharmacy and one copy to the state department of health.
Vicki Zeldin spoke's person for the state department of health says the purpose of the procedure
is to both protect and educate the public. Protect in that Benzodiasapines can have some
serious side effects, effects like addiction, impaired writing skills and being the most
common prescription drug involved in emergency room admissions. Zeldin says people need to be
educated about Benzodiasapines. The purpose of this is not just to monitor the usage but to make
people think more about the usage of these drugs and you know kind of an educational effort really
in many ways. People like you are following a certain thing, why are you doing this? He has
roughly an opportunity to say these drugs are not the safe harmless drugs that a lot of people
think that they are. They're a lot of ramifications which you know, it involves with their use.
They can be very effective with use rapidly but there's even evidence when you
therapeutically long-term therapeutic use can result in addiction. People ought to know that.
I mean you're a team of people who are taking a prescription from the doctor every most
of the valium or one of the other drugs in this category. Or I know that even when they're
following the doctor's orders there is a potential for them to become addicted to that drug.
I'm not sure most people would want to become addicted to people but if they know that there's
that risk they might think that the doctor hates. You know maybe I ought to try something else
but the doctor himself might say hey you know I've been on the drugs for a while let's try
something different. Well let's see how you do about it for a little longer or whatever you know.
But the point is that this gives us an opportunity to get the word out that these drugs are
potent, not a serious medicine and that they are a youth ought not to be taken lightly.
The point decision which decided against the state's request to control benzodiazepines calls for a
jury plan to decide the question. The state is opposed to that. If you've ever covered a trial
or you think the law is forever and ever it would be we would be lining up all of the
witnesses who on our side who would be able to testify to the medical lab is with the
disparities who create such a regulation. We would and the people, the organizations that
go up to it against us will be lining up their witness who's saying that no you know you don't
have the right to do this and no benzodiazepines aren't that drug. You know so it would just be a very
time consuming and fast with practice and it's absolutely that the law is quite clearly state
that we have both the authority and effect the responsibility to to congregate these kinds of
regulations. All we're saying is we would like the courts to decide without having to go through the
timely, the times of time to be in convenience with the trial. There are other drugs that already
fall into the state's 30 days of flying, swift with a form of regulations. Rugs like cocaine and
riddling and benzodiazepines for the legislative physique. Unlawed, I guess.
Late last session of ill-putting cameras and microphones in the courtroom was approved by the
New York State Legislature and signed into law by government formal. The bill is on a trial run to
see how the idea is going to work. Here's Brenda McMahon with a closer look at the law.
Cameron will report room legislation which passed during the 1987 legislative session is now
set in place and ready to be implemented. The initial legislation approved the use of cameras
and microphones in the courtroom for an experimental 18-month period. The law also gave the chief
administrative judge Albert Rosenblot the authority to set rules for using cameras in the courtroom.
David Sullivan, assistant administrative judge, says Rosenblot deleted a clause with required
media to get 20 days notice if they wanted to cover the court and he says Rosenblot added new
guidelines. He gives the trial judge presiding the ability to review requests to the part of
the media to come in. In effect, he'll allow his proceedings. And the parties in the proceeding
have an opportunity to be heard in the matter, but merely because one of the parties object,
does not automatically mean that the judge cannot allow the media into cover.
If either of the parties object to a trial judge's determination to allow the cameras into the
courtroom, the parties may in effect appeal the trial judge's determination to the district of
the administrative judge's office. The goal of the experiment is to make New York's court system
more accessible and understandable to the public. The administrative board of the court approved
the rules and the laws being implemented on a phase-in schedule beginning December 1st.
For the legislative visit, this is for Emma McMan. Democrats in the state legislature are
beginning to rebel against the legislative system. Last week, we reported on a press conference
with Democratic Senators Howard Nolan of Albany had where he criticized the legislature for paying
its members too much money and wasting too much time debating bills. For this week of a
senator, Frans Lightyear, a Democrat from Manhattan, he criticizes the legislature's budget.
That report, Bruce Roberts. Democratic Senator Frans Lightyear publicly criticized the legislative
procedures and employment practices. He hit the state budget in particular, which was over $41
billion dollars this year. Like her says, the budget is too sketchy, so no one knows where all the
money is going. If he had a legislative budget that would spell out what the responsibilities of staff
are, what the duties are, what the programs are, he would not have had the sort of staff problem
and the charges of the duties of the House of the Curriculum. So that's the first thing that we have to
address. Secondly, I would be glad to get rid of these joint legislative commissions because
essentially they exist to talk staff people who often ask these other than legislative work.
It isn't this way it's time we got rid of them. We have standing committees like the
committee's legal jobs and the chairman of the committee's on really legal jobs that let's
get some chairman who I really have to do the job. I think the second third thing really that we have to
address is the disparity between what members of the majority and the minority get so that there
is equality of services available to every member of the legislature. Every member of the legislature
represents the same number of people and those constituents are entitled to services from their
legislative force which does he depend on whether he's a republican or a democrat or whether the
republican development grants control the House of the legislature where he served.
He served for the must-get equality of services in Maryland, the best for the quality of services in
so-called member items as another system that is subject to abuse and the rates of great
measure for the disparity that exists. Like there also spoke about the distribution of power
in the legislature. He says the total power is concentrated in the hands of the assembly speaker
and the Senate majority leader. He says this prevents individual legislators from adequately
representing their constituents. What a legislative gizette. This is Bruce Robertson.
And that's it for this week's legislative gizette. The show was produced and prepared by Brenda McMahon.
She had helped this week for more of a small Bruce Robertson, Jody Federer and Lynn Nadellis.
Hope you enjoyed our show and we'll get more more on what's happening in the round in New York City.
Until then, our charge architect is on the down there.
Legislative gizette is the production of WAMC news. Dr. Ellen Shartak is executive producer.
This program is made possible with funds provided by the State University College,
Ethnophilus.
Statewide satellite distribution of this program was made possible by the Lawrence group,
providing residents throughout New York State with total insurance coverage.
The state's budget is $1,500,000.
The state's budget is $1,500,000.
The state's budget is $1,500,000.
The state's budget is $1,500,000.
The state's budget is $1,500,000.
The state's budget is $1,500,000.
The state's budget is $1,500,000.
The state's budget is $1,500,000.
The state's budget is $1,500,000.
The state's budget is $1,500,000.
The state's budget is $1,500,000.
The state's budget is $1,500,000.
The state's budget is $1,500,000.
The state's budget is $1,500,000.
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