Albany County: At it Again

Even though I’m running for Schenectady County Legislature, I find myself keeping an eye on the Albany County Legislature. They’re notorious for bringing intrusive legislation to Albany County. I also worry about their ideas creeping across county lines.

Their latest brilliant idea is a proposal that would ban the sale of tobacco products in Albany County pharmacies. The logic for this is pharmacies are supposed to be institutions focused on health. A pharmacy is no place for the evils of tobacco that threaten to destroy our society.

Never mind that many pharmacies are in grocery stores, or that they sell a whole boatload of items that aren’t terribly healthy.

Furthermore, I didn’t realize that people went to the pharmacy counter for their nicotine fix.

It gets better. Just read this definition of “pharmacy” from the proposed law:

“Pharmacy”, for the purposes of this Local Law shall mean any place in which drugs, prescriptions or poisons are possessed for the purpose of compounding, preserving, dispensing or retailing, or in which drugs, prescriptions or poisons are compounded, preserved, dispensed or retailed, or in which such drugs, prescriptions or poisons are by advertising or otherwise offered for sale at retail as defined by and pursuant to New York Education Law – §6802.

Gee, what did I do with that prescription for my asthma poison? With a definition like that, I think cigarettes sound like a downright healthy choice.

Seriously, it would be a terrible precedent. If county representatives don’t like a particular product, they can create excuses to ban its sale at particular locations. Then make the law’s definitions so broad that it could effectively ban the sale of that product anywhere in the county. Voila! Problem solved. Evil purged from the county!

The way I read it, any business selling over-the-counter medicine might also be subject to the ban on tobacco sales. Like so many local laws, it’s poorly written. I’m not certain, but couldn’t this law apply to local gas stations, convenience stores, and retail outlets without a pharmacy if they so much as have an aspirin for sale?

Now, I don’t smoke. I teach my children that smoking is bad. I don’t need a group of legislators to do that for me. I think I’ll stick to an old phrase that’s tried and true. I’ll “just say no” to cigarettes and to bad legislation.

Another Proposed Tax Bike. I Mean Hike.

I’m a bit late to this party, but then again so is New York State. More on that in a moment.

Do you own a bicycle? Does your kid? Well, if Assemblyman Michael Den Dekker gets his way, you’ll be paying a few bucks more. Say it with me… “Money Grab!”

We were due for another ridiculous revenue raiser. For more details on this latest one, check out Rick Karlin’s post on the Times Union’s Capitol Confidential blog:

…NYC Democratic Assemblyman Michael Den Dekker is calling for a $25 bicycle registration fee ($50 for commercial) bikes as a revenue raiser.

Don’t forget about the five bucks you’ll pay each year to renew the registration. However, it sounds like it’s not the most popular legislation.

Phew. I’m glad that common sense is still hanging on by its fingernails.

What I didn’t realize was that New Jersey already went through this in January. A state lawmaker proposed a similar law only to withdraw it a day later after a justifiable uproar. I came across a story about it on NJ.com. It jokingly recommended skipping the bikes and putting the license plates on the kiddos themselves. Want a laugh? Check out the “Ledger Live” video embedded in the story.

Me… I’ve already got a bicycle-sized license plate with my younger son’s name on it. Can I get a break on the registration fee?

Better yet, let’s just revert back to some common sense.

3/3/11 Editorial update: I forgot to credit my friend and classmate Darren with sending me a link to a story about this crazy bike registration idea. Thanks Darren!

Status Update: More nanny-state on the way

Did you see that Superbowl Chevy Cruze ad where the guy checks his Facebook status while driving? If you really care, here it is:

By the way, you’re welcome GM. It was really tough to put your lame commercial on my blog. But that’s not the point of this post.

Here it is:

1. First we had laws making it illegal to talk on your handheld cellphone while driving.
2. Then there were laws making it illegal to text and drive. (Well… duh. I don’t need a law for that.)
3. And of course, we can’t forget the “don’t listen to your iPod while you cross the street” laws.

So, just wait for the first fool to crash his car while he’s getting the status update that his girlfriend just broke up with him.

Then you’ll see the newest nanny-state law making it illegal to check your status updates while driving. It’ll be the “no surfing while driving” law.

Just remember, you saw the prediction here first.

In the meantime, stay safe. Don’t blog and drive.

New York State: Saving us from Evil iPods

I’ve been known to rail against intrusive government.  Matter of fact, I gave a speech back in 2009 where I sarcastically asked for government help in all sorts of mundane activities.  One line jumps out at me today:

Perhaps I need a reminder from you [state government] to look both ways before I cross the street.

Turns out, we do need government guidance.  People can’t be trusted to cross the street if they are listening to their iPods, using their cellphones, or at all distracted by technology.  I guess droves of people forget how to watch for traffic when they’re bopping down the sidewalk with their tunes.

According to a New York Times story, there’s legislation in New York to save us from our own stupidity:

In New York, a bill is pending in the legislature’s transportation committee that would ban the use of mobile phones, iPods or other electronic devices while crossing streets — runners and other exercisers included.

I’m. Banging. My. Head. Against. The. Wall.

(But don’t worry, I don’t have my earbuds in right now.)

Seriously, don’t our legislators have better things to do?  I seem to recall hearing something about a budget crisis.  Something tells me that fining every earbud-wearing, cellphone-using, text-messaging pedestrian ain’t gonna pay the bills.

No More Soda Tax Proposals?

I stumbled across a report on WNYC’s news blog that New York’s brand new Health Commissioner said we won’t be seeing the return of the soda tax.

Sounds good to me. No surprise, I’m no fan of the soda tax, or fat tax, or whatever you call it. (You can read previous blog posts here and here.)

Assuming that this pans out, I’m already relatively pleased with Gov. Andrew Cuomo’s administration, at least fiscally.

Cuomo has come across in fairly fiscally conservative fashion lately.  I certainly hope he follows through on his promises to reduce government spending and cut taxes. Maybe he’ll even reduce the extent of government intrusion into our personal lives.

Here’s hoping. But I’m not holding my breath, either.

Now, I’m off to the gym to lose weight the ol’ fashioned way: exercise. Believe it or not, it actually works. No tax required.

Wanna keep Albany “dead”? Kill the cupcakes.

24/7 Wall St. recently placed Albany, NY seventh on a list of the top ten “dead” cities in the US.  The ranking is based primarily upon the historical decrease in population and industry.  Given the current political climate in Albany, especially within the Albany County Legislature, I believe the trend will continue.

Why, you ask?  ”Cupcakes” is my answer.  More specifically, it’s the use of trans fats by Albany County bakeries for cupcakes, cakes, etc.  Thanks to the Albany County Legislature, it’s now illegal.  But wait, the law only impacts bakeries in the county.  You can still get your trans fat laden treats at one of those chain grocery stores.  They fall outside the jurisdiction of the county.  Of course, this is one of those laws intended to prevent obesity.  Never mind that other things fat or non-fat can make you fat. (Say that three times fast.)

But that’s no big deal, right?  Actually, it can be a challenging adjustment for bakeries.  Without the use of some trans fats, the quality of their products can decline.  The ban, in my opinion, is overly intrusive. Especially for something that I doubt will have any significant impact on obesity.  It’s a trend that is hurtful to business in Albany County, and it could continue the “deadening” of Albany.

In the interest of full disclosure, I am not a resident of Albany County. However, all too often we see the same discussions move from one county legislature to another.  It also begs a question.  Why in the world do we have county government?  Is it necessary, or does the county provide just another layer of bureaucratic nonsense?  But back to the topic at hand…

One bakery owner in Albany County has been especially vocal in opposing the ban.  Rachel Dott owns Coccadotts.  Facing fines and hearings, she has refused to cave to the demands of the politicians.  Instead, she chose to maintain the quaulity of her product.  I applaud her for her actions.  I can only imagine how difficult it is.

Unfortunately, based on a report from News Channel 13 – WNYT, it looks like Rachel Dott has reached her limit.  She’s gotten to the point where she has to transition away from the use of trans fats.

According to the story:

Bakers may not agree with the law, but most are abiding by it, or in some cases, starting to.

For Coccadotts, the “icing on the cake” was exhaustion.

It became impossible to run a business and battle Albany County Government.

Later in the story:

Rachel Dott, the owner of Coccadotts, said “It’s just been exhausting and I’m learning when you are up against politics it makes it rough.”

To Rachel Dott:

Thank you for fighting against this injustice and intrusion by local government.  I visited Coccadotts today, and I was impressed!  Your employees were all very pleasant and helpful.  Your cupcakes were fantastic!  Just ask my kids and my wife.

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It is sad to have these changes forced upon you, for no good reason.  I hope your business continues to thrive.

Please let me know if I can support you in any way.  I guarantee that I’ll continue to stop by for the occasional cupcake!

To the Albany County Legislature:

Congratulations on leading the charge against small businesses in the Capital District.  Pat yourselves on the back.  I’m sure your legislation to protect Ordinary Citizens from obesity will keep Albany County residents from getting fat.  No, wait a minute… they can still get their cupcakes, complete with trans fats, from grocery stores or across the county line.

With legislation like yours, you will continue to make life more difficult for small business owners in the county.  Keep it up, and I’m sure Albany can catch up to the city leading the “dead” list… good ol’ Buffalo, NY.

But oh well, you’ve won!  With law, fines and hearings, you’ve officially forced a local businesswoman into submission.  Albany County is safe!  You should celebrate.  Just don’t expect the celebratory cupcakes to be quite as tasty now!

Shameful, just shameful.

Return of the Soda Tax Proposal – Again!

It shouldn’t be a surprise.  After all, we are all too fat because of the soda that we drink.

Never fear, though.  Governor David Paterson has not given up on his quest to raise money, oops… I mean fight obesity. He just called the New York State Legislature back for an “Extraordinary Session.” Check out this post from the State of Politics blog.  It contains a list of agenda items the governor is providing to the legislature.  About halfway down the list you’ll notice the following:

 - An amended version of the so-called “fat tax” on sugary beverages.

It was the term “amended” that caught my eye.  So I clicked on the link embedded in the statement above.  It takes you to the governor’s web site that describes the proposal.  Interestingly, it takes the diet soda vs. regular soda debate a step further.  Not only does this add tax to regular soda, it now removes local and state sales tax from bottled water and diet drinks. Don’t worry, the loss of tax revenue will be covered by the new soda tax. Oh, and you high-calorie coffee and tea drinkers are now on the hook, too. Join us soda drinkers on the naughty list.

Just what we need: an increasingly complex tax code.  Just what we need: more government intrusion.

Bottom line… I’m sick of money grabs and I’m sick of this governor (and government in general) telling me that I am too stupid to manage my own life.  What’s next?  Mandated purchases of treadmills?

Pffffft.  That sound you just heard, well it’s me opening a cold Coke.  Not diet either.  Don’t worry Gov. Paterson, I’ll burn the calories later tonight as I work on my latest landscaping project.

You might as well smoke a dollar bill.

It’s official. 32 representatives (and I use the word loosely) in the New York State Senate, along with 77 legislators in the Assembly can now be considered worse than dope dealers. The tobacco tax increases I blogged about last week passed.  I believe the taxes will increase on July 1st. (Cigarette smokers… stock up now.)

But wait, there’s more to the story.  According to a Rick Karlin Capitol Confidential blog post those tax increases were not tied as directly to the budget extender as first thought. Karlin wrote:

The cigarette tax was not included in the weekly appropriation bill — that means a vote against the tax hike was not really a vote to shut down government although some lawmakers seemed to think that.

WHAT?  And yet it passed.  Hmm.  I wonder why.  $$$$$?

Ahh, but we hear time and again that the legislation will help decrease smoking.  Here’s an idea: if smoking is so awful that it requires this much taxation to discourage its use… then just BAN it. While that would still be an intrusive government policy, and I would rail against it, at least it would be honest. Oh yeah, I forgot. Honesty was recently legislated out of existence in New York.

Realistically, that idea ain’t gonna happen. Tobacco tax is revenue to those 109 greedy legislators.  And our wonderful governor.

So what happens when that revenue dies down? Maybe the Legislature will mandate smoking.  These days, you never know.

I am declaring July 1st as “Thank a NY Smoker Day.” The poor addicted saps will be footing the bill, after all.

Light one up for the next budget extender

What’s the latest New York budget news to break on a Friday?  It’s the most recent budget extender.  Yawn.  But wait a minute, there is additional legislation in the extender:  a large increase in the already sizable tax on cigarettes.  That’s another $1.60 in taxes per pack.  The taxes alone would cost a smoker $4.35 per pack.  It’s not just cigarettes either.  According to Jimmy Vielkind’s Capitol Confidential blog post, other tobacco products will be taxed at a 75% rate.  (If you are so inclined, you can check out Budget Director Robert Megna’s nearly 20 minute press briefing about this at the bottom of Vielkind’s post.)

But will the extender pass?  In my view, it’s likely because not passing it means a government shutdown. However, it will take all 32 Senate Democrats to pass.  (Don’t expect the 30 Senate Republicans to vote for any tax increases.)  Certainly, it will pass the Assembly.  Not surprisingly, it’s got the support of Assembly Speaker Sheldon Silver.

Let me be CRYSTAL clear.  I have never smoked, and I never will.  I’ve always disliked cigarette smoking, and I think it is incredibly unwise to start.  Calling it unhealthy is an understatement.  It’s also massively addictive.  I’m no fan of cigarettes or cigarette companies, not in the least.

When looking at the legislation, an average non-smoker may say it’s no big deal.  After all, our government and many other organizations constantly remind us that higher tobacco taxes are a good thing because they will decrease the number of smokers.  Smoking is disgusting, you know. They’re just looking out for our best interests.

Except cigarette smoking, nasty habit and all, is legal.  Taxing it is one thing.  Taxing it at the levels proposed is horrible.  Think about it.  What’s your little vice?  Soda?  Steak?  Cappuccino?  Roller coaster riding?  Fill in the blank, and then think about how you would feel if the government deemed it worthy of a 75% taxation rate.  Smoking, as much as we all may dislike it, is the precedent.

Yet this goes beyond the concept of government intrusion.  What New York State government is doing is reprehensible.  In my view, any legislator who approves this legislation is no better than a drug dealer.  I’ll type it again slowly and in all-caps for any politicians reading this: DRUG DEALER.  The same goes for the governor.  Scratch that.  They will be worse than drug dealers.  Certainly having people hooked on drugs is good for a dealer’s business.  But, we’re not likely to see any dealers on TV telling us that their actions are “good.”  Unlike politicians who waste no time telling us of their “good intentions.”  All the while, those same politicians are raising revenue on the backs (or is that lungs?) of people, many of whom are addicted to nicotine. It’s not a perfect analogy, but you get my point.

In the meantime, I want to thank New York smokers.  Your addiction may keep state government functioning.

Senator Gillibrand Needs a Time-Out…

… or a nap in her very own crib.   She’s sticking her legislative nose where it is not needed.  Again.  This time it’s cribs.  But don’t worry.  She’s only doing so out of concern for our safety, or at least the safety of our children.  You see, our children’s cribs are death traps.  At least the ones with drop sides.  Gillibrand wants to legislate a quick end to the sale and resale of these cribs.  Check out this article by Jennifer Kerr of the Associated Press in the Times Union.

Before the accusations fly that I am nothing but a cold-hearted person, let me assure you that is not the case.  As a father of two wonderful boys, one of my biggest fears is that one of my boys could be seriously injured or worse.  While I do not dwell on that fear, I often find myself with a lump in my throat when reading about a young child who has been hurt or has died.  I cannot even begin to imagine the grief faced by parents, siblings and other relatives.  According to the aforementioned TU article, 32 infants have died in drop side crib-related deaths over the last decade.  It’s a small number, but still indicative of a serious problem.  The question is, who should solve the problem?

My answer:  neither Sen. Gillibrand nor her Senate colleagues.  The article supports this.  Kerr wrote, “The industry has already started phasing out drop-sides and big retailers such as Babies R Us and Wal-Mart have taken them off sale floors.”  Further, the Consumer Product Safety Commission (CPSC) is already working on a ban of drop side cribs.  (Side note:  I’m not a huge fan of the CPSC either.  I think they overstep their bounds too frequently, but that’s not an issue for discussion now.)

It looks to me like the marketplace and the CPSC are taking action.  So why is Sen. Gillibrand involved?  She wants to speed things up.  Really?  When has Congress effectively sped up a process without screwing it up?  She also wants to prevent the resale of these cribs.  She even sent a letter to the CEO of Craigslist demanding that he remove three drop side cribs being sold on the site.  Gillibrand’s own words are telling.  In the TU article Kerr wrote, “‘There’s a great urgency here. We have to make sure that no parent is unaware that drop-side cribs could kill their children,’ Sen. Kirsten Gillibrand, D-N.Y., said in an Associated Press interview.”  I’m not sure how a legislative ban could significantly increase awareness more than the previous recalls and media attention.  To me her idea for a legislative ban sounds more like an election year ploy by New York’s junior senator.

I’ll let you in on a couple secrets.  First, parents (not legislators) are ultimately responsible for raising their children.  That includes keeping them safe.  It’s true.  Don’t let any “nanny state” Congress critters tell you otherwise.  Second, both of my kids slept in [gasp] a drop side crib.  We didn’t buy it.  It was a second-hand gift.  I repainted and reassembled it… very carefully.  I periodically tested it.  And when the kids started standing and shaking the crib, we moved them to “big boy” beds.

Yes, it is a drop side crib. (What can I say... we had a farm-themed nursery).

It should not be a surprise:  I do not need a senator to tell me how to raise my kids!

Senator Gillibrand:  take a time out.  Better yet, take a nap.  I’ve got a crib you can borrow.  I promise you that it’s safe.