Russell Announces NY Brewery Bill Signed Into Law

Assemblywoman Addie J. Russell (D-Theresa) announced legislation she supported providing relief to small breweries and allowing farms to grow, brew and sell locally made beer and cider has been signed into law by Governor Cuomo. As a result, tax and fee relief that was lost last March will be restored to small breweries and a new market will be opened for North Country farms, according to Assemblywoman Russell.

“We have a great, budding craft beer industry in New York and this new law will help expand production and create new jobs for our hardworking families,” Assemblywoman Russell said. “Our small businesses, like craft breweries and farms, are the economic engines that drive the North Country and they deserve all the help we can give them so that they can continue to grow and thrive.”

Helping create farm breweries

The new law allows farms to brew their own New York State-labeled beer and cider and sell the product to any New York State-licensed wholesaler or retailer and for consumption on and off the premises (Ch. 108 of 2012). Farms will also be able to sell the new product at state fairs, county fairs and farmers markets.

“Agriculture is a big part of the North Country economy and this law opens up a new lucrative market for farms that can be just as profitable as our state’s wineries,” Assemblywoman Russell said. “New York was once the hop-growing capital of the world and this legislation will make the crop profitable once again, further aiding farm growth and expansion.”

In order to qualify for the farm brewery license, farms will have to manufacture, store and sell New York State-labeled beer and/or cider, and have an annual production capacity of 60,000 barrels or less. To be considered New York State-labeled beer or cider, the products will have to be made from New York State-grown ingredients or apples. Farm brewery licensees will also be able to conduct beer and cider tastings, manufacture, bottle and sell food products and condiments, as well as store and sell other items, such as non-alcoholic beverages, food items, beer supplies and accessories, beer-making equipment and souvenirs, further boosting farm sales, noted Assemblywoman Russell.

“This law is really a win for all sides of our farming industry,” Assemblywoman Russell said. “Not only does it open a new market for farm products and expand the number of profitable crops to grow, but it will increase tourism and expand the retail facilities at our farms, bringing new jobs to our area.”

Providing tax and fee relief for small breweries

Due to legal action brought by out-of-state brewers, a vital tax exemption for New York’s small breweries was ruled improper by a court in March. To fix this job-killing decision, a second new law provides a tax credit or refund of 14 cents per gallon for New York brewers on the first 500,000 gallons produced within the state, another 4.5 cents-per-gallon credit for the next 15.5 million gallons and provides an exemption from the labeling fees imposed on batches of less than 1,500 barrels (Ch. 109 of 2012). The new tax and fee relief for small breweries passes constitutional muster, according to Assemblywoman Russell.

“When the courts struck down these vital tax and fee exemptions it was a crushing blow to our small breweries,” Assemblywoman Russell said. “Many relied on the exemptions to keep their doors open and restoring the relief allows the businesses to continue to grow.”

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Assemblywoman Russell and Senator Little’s mandate relief measure aimed at keeping property taxes in check

Cost-saving measure provides greater contract flexibility to local governments

In order to provide much-needed financial relief to local governments, Assemblywoman Addie J. Russell (D-Theresa) and Senator Betty Little (R-C-I, Queensbury) announced the passage of legislation they sponsored that would allow municipalities and districts to contract for goods and services together with any other federal, state or local government agency (A.8034-C/S.5525-C).

“With so many local governments stretched thin, it is crucial that we provide them with cost-saving options,” Assemblywoman Russell said. “This commonsense solution will help reduce costs for local governments and save our hard-earned dollars by keeping property taxes of North Country families in check.”

“This is a cost-saving measure and its timing is obviously very important given the financial challenges local governments throughout the state are facing,” said Senator Betty Little. “My understanding is New York is the only state in the nation that doesn’t authorize these types of piggy-backing contracts. As a result, our taxpayers are paying more than they should for government products and services. This legislation provides for a simple change in law that will save tens of millions of dollars.”

The bill would allow local governments to use cooperative purchasing, also known as piggybacking, to secure cheaper costs for a particular product or service by using the same contract for a vendor that was used by any other government agency, as long as the contract was made consistent with NYS procurement laws. 

Across the country, 49 states have approved piggybacking measures that allow local governments to purchase from other cooperative contracts. The process of piggybacking contracts has proven to reduce administrative costs and increase government efficiencies, which is especially important during these difficult times, Russell added.

The New York State Educational Conference Board, which consists of members of the New York State School Boards Association, the Congress of Parents and Teachers, Inc., New York State United Teachers, and the New York State Association of School Business Officials, unanimously supports the legislation. In a joint letter, the board said, “Cooperative contracts provide a 10-15% cost savings per contract. Reform of school purchasing rules has the ability to save taxpayers $2 billion per year in New York State. These are savings we can no longer afford to ignore. Authorizing schools and local municipalities to utilize the option of ‘piggy-backing’ on other states and local government-let contracts (or the option of purchasing through national purchasing cooperatives) will provide immediate savings and relief, allowing precious resources to be directed toward vital programs and services.”

Susan Whitney, Superintendent of LaFargeville Central School said, “I believe the time has come for New York taxpayers and schools to benefit from the same practices that the rest of the states in our union enjoy.”

Jay Boak, District Superintendent of Jefferson-Lewis-Hamilton-Herkimer-Oneida Board of Cooperative Educational Services said, “The monies realized in these savings would be devoted to enhancing much needed educational programs for students throughout the region.”

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Assemblywoman Russell commemorates NY Route 781 as the Paul Cerjan Memorial Highway

Today, on June 21, 2012, the New York State Assembly passed A.10687 designating NY route 781 as the Paul Cerjan Memorial Highway.

“The late Lieutenant General Paul Cerjan leaves behind an amazing legacy that we can proudly commemorate by renaming Route 781, the connector road to Fort Drum, in his honor. The lieutenant general served our country with great distinction throughout his 34-year military career, including as the commander of the 10th Mountain Division, having been responsible for the design and construction of Fort Drum in the mid 1980’s.

“Perhaps more than anyone else, his work made Fort Drum the invaluable resource for our community that it is today. He went on to achieve a great deal after leaving the installation, but his love of the North Country brought him back to leadership roles with the National Association of the 10th Mountain Division and the 10th Mountain Division Scholarship Fund. It is great to see his achievements and contributions for the families of the North Country preserved through the renaming of this highway.”

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Assemblywoman Russell fights for local workers

In response to the state comptroller’s February decision to revoke pension benefits from employees of the Jefferson County Industrial Development Agency (IDA), Assemblywoman Addie J. Russell (D-Theresa) announced the Assembly passed a bill to restore the retirement credit based on the workers’ years of service and the money they have paid into the state pension system (A.10017-A).

“These workers, at no fault of their own, have been caught up in a messy legal dispute,” Assemblywoman Russell said. “A possible mistake from almost two decades ago should not deny them the pensions they have worked for years to accrue. That would be inequitable and unjust.”

The 12 workers may not have been properly enrolled in the pension system when the positions were created, Assemblywoman Russell noted. However, the workers have been paying into the pension system for the duration of their employment and some have been working there for as long as 17 years. If signed into law, Assemblywoman Russell’s legislation would restore their retirement credits and allow the money to accrue through August 1st of this year.

“Families’ livelihoods and future financial stability are at stake,” Assemblywoman Russell said. “Many are relying on this money to be there when they retire and, through no fault of their own, it could be gone in one fell swoop. Restoring these retirement credits is simply the right thing to do.”

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Assemblywoman Russell cracks down on those who access child pornography online

Assemblywoman Addie J Russell (D-Theresa) announced the Assembly passed legislation she supported to make it illegal to knowingly access child pornography online – bringing New York into line with federal law (A.10713). This measure is expected to become law.

“Keeping the law up to date with technology is essential for the protection of our children,” Assemblywoman Russell said. “This measure ensures penalties for those who would harm our children by making it a crime to knowingly access child pornography on the Internet with the intent to view it.”

On May 8, the state Court of Appeals ruled that viewing child pornography on the Internet without taking further action to possess it, such as printing, downloading or saving the files, does not constitute possession of child pornography. Current state law prohibits the possession and promotion of child pornography, but doesn’t address knowingly viewing or accessing it online, Assemblywoman Russell noted.

“Our child pornography laws are not up to date,” Assemblywoman Russell said. “The Assembly’s legislation will fix this problem, and make sure these criminals are brought to justice.”

The legislation will make it a class E felony to knowingly access with the intent to view a sexual performance by a child less than 16 years old. In addition, this measure will clarify that attorneys are not guilty of possession of child pornography when such possession is part of the attorney’s representation of a defendant charged with a child pornography crime.

“This legislation will go a long way toward strengthening penalties against sexual predators and protecting our children from these criminals,” Assemblywoman Russell said.

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