Friday Morning Brief March 8, 2024

Mar 7

Written By Michael Avella

Member Spotlight:

Assemblyman Sam Berger

Assemblymember Sam Berger joined us to discuss his Queens-based District and his experience in the Legislature. Recently elected in a special election in September, he is the youngest elected Assemblymember at the age of 25. Deeply rooted in his district, he has advocated for education, public safety, and affordability for his constituents. Currently, he is a member of the Assembly committees on Aging, Insurance, Mental Health, Real Property Taxation, Social Services, and Veterans' Affairs.

What district do you represent?
I represent Assembly District 27. It includes Kew Gardens, Hills, Electchester, and Pomonok in the south, College Point and Whitestone in the north, and a little bit of Forest Hills.

What is your favorite part of your district?
It’s my home. It’s where I grew up. I lived in Kew Gardens Hills my entire life, except for about 3 to 4 years when I lived during post-high school in the old city in Israel. Now I’ve got two little girls, a one-year-old and a three-year-old, and I’m raising them in my hometown.

What is your favorite place to eat in your district?
I probably have to say Holy Schnitzel. There was a wonderful store called Sushi Kingdom, but it recently closed. Also, Shimon’s, which has been around since I was a little kid but closed recently.

What about music? Any favorite genre?
If you go to my Spotify playlist, it’s a little bit of everything. You’ve got everything from Elvis to Disney to Imagine Dragons and everything in between. I’ve got a Johnny Cash song as well. I’m not particularly picky.

If you have any free time, what do you like to do? Any favorite activities?
I love writing. I wrote a fantasy novel – unpublished. It’s a 95,000-word novel. Then while I was in the middle of our campaign and taking the Bar, I was working on a second novel to get that published. I got about 40,000 words into it. So, I like storytelling. But I paused when I became a legislator to ensure I’m focused on representing my constituents. Hopefully, during the summer, I can start again.

What did you do before becoming a legislator?
I was in law school and took the Bar Exam. I was taking the Bar as I started campaigning. It was not the most fun summer to be taking the Bar, but I made it through. I grew up with two parents who were very involved in the community, so I got to see all of the good they could do. I didn’t have an eye for politics, so I wouldn’t believe you if you told me I was a legislator a year ago. But I went to law school to see what my parents could do for the people and the community. So when this opportunity came up, I thought being a legislator was where I could do the most good.

Law is what inspired you to run for office?
Yes. Law and being a legislator go hand in hand. You’re able to see not just the policy that you want to do, but when you’re talking about the nitty gritty of a bill, you’re looking at the long-term efforts of the implications. The difference between using this word versus that word in the language and what that effect will be.

Do you have any elected officials that inspired you?
Dan Rosenthal is a very good mentor. He left some big shoes to fill. I look towards him and his predecessor, Michael Simanowitz, and before him, Nettie Mayersohn. We’re doing a street renaming for Michael Simanowitz and Nettie Mayersohn. I believe very, very strongly in looking at the past, honoring the past, and honoring their legacy. Our district has had very good members of the Assembly who were focused on the district’s needs and on helping and serving the constituents. And I want to honor that.

So you are a big fan of history?
Yes, you have to be. I understand that at the age of 25, I’m the youngest member of the Assembly but I understand I can do this. I know I have the competency to do this job right. I also understand that I don’t have the experience and am very upfront about that. I didn’t have the expertise of working in Albany. However, I’m willing to ask people and talk to people who are subject matter experts on both sides of any issue to figure out what is going on for a particular subject. What do you know? What are the pros and cons? And you do that also, not just by talking to the experts now, but the expert experts before. Because everyone who’s come before has had problems in the district and they’ve already done a lot of work. So why try to reinvent the wheel when you can look at what’s been done before and get the wisdom from that to move forward, rather than just trying to hunker down and push through it yourself?

What is it like being the youngest member of the Assembly so far?
I love it. I love helping people. I’m not so much into the whole political portion of it. I wouldn’t have my face on anything if it were up to me. The nature of this job is that every two years, you have to explain to the public why you should be able to keep your job. As someone who grew up with the principle that the best type of good deed you can do is one nobody knows about, I’m in a position where I have to tell everybody about all the good things I do. It’s hard, and I don’t necessarily like that, but by doing that, by getting reelected, I’m able to continue doing what I believe is good work. That helps make long-standing positive changes.

What is the biggest priority in your district?
I think public safety is number one. I have a very diverse district, one of the most diverse districts in the country. You want your streets to be safe so you can walk with your family and feel safe in your environment. So it’s working on the different levels of public safety and public safety means different things to a lot of different people. That could be road safety or combating car theft. So, it’s trying to hone in on what public safety issues people face and how we can help address them. Education is another thing. I think everyone, no matter who you talk to, wants their kids to have the best education they can get. So it’s making sure that we’re teaching up to that standard and doing the best job we can for the next generation.

Are there any bills you are working on right now that you want to highlight?
So, we already have a few that we believe strongly in. One is the Dialogue and Decorum Act, which is about protecting the First Amendment. I think right now, we’re seeing on college campuses and other public areas that there will be a group that feels very strongly about a topic and they feel that it is okay for them to shut down a group of people that might oppose or disagree with them. It’s a problem I’m seeing and want to tackle it. It doesn’t matter what that topic is, but you must understand that it’s okay to have another group who opposes or disagrees. And I think this bill tackles that. The whole point of freedom of speech, freedom of expression, and freedom of assembly is that we let ideas rise and fall in the marketplace of ideas. And if we shut down opinions simply because we don’t agree with that opinion, it’s a dangerous position to be in.

Another bill we are working on is to combat EBT scams. We have many constituents who use EBT and have been victims of scams. We had a case where I think over $100,000 was stolen in benefits from at least fifty of my constituents. And that money was taken out of a bodega in Philadelphia, and a majority of folks are not going out-of-state to get their groceries. There’s no protection for an out-of-state transaction. And this bill will have some fraud mechanisms to protect against those scams, such as identity verification for an out-of-state purchase.

What advice would you give to young folks wanting to get into politics?
Don’t ever give up. I think that was helpful for me, especially getting through high school and then post-high school. You will meet failure, which is beneficial because that is how you learn. So I’ve been knocked out many times in my life, but I’ll get back up and keep fighting. And be vocal about your beliefs. There are times when it makes sense to compromise and times when you need to be able to stand firm and be loud. Also, know that being young helps because you will have abundant energy to fight and be vocal about your beliefs.

Any last comments?
I love comic books, and I have a good collection of them. I think comic books are uniquely American. From how stories from comic books grew and thrived in America, they are very similar in the way you have Greek mythology and Roman mythology. I think comic books aren’t very much American mythology, but they show the values of American society.

Being a legislator in Albany has been an adventure for me, and I would love to thank my constituents for trusting me to represent them. I believe there are many folks on both sides of the aisle who are genuinely here because they want to help. I think that people don’t necessarily always see that, but many people here are coming in with the best intentions to try and do the right thing.

Are you a public official or staffer that would like to be featured in our spotlight? If so, reach out to your favorite D&A team member or contact us at team@dickinsonavella.com to set up an interview!

One-House Budget Proposals Expected Next Week

With education and housing being two of the most discussed issues during this year’s budget negotiations, the Senate and the Assembly are expected to introduce their respective one-house budget proposals early next week and will pass them before they adjourn on March 14th. This comes as the state Division of Budget has forecast an additional $1.35 billion in revenue for FY 2025.

With the unexpected projected of increased funds, state Budget Director Blake Washington suggested that Hochul’s proposal to remove the hold harmless provision and alter the Foundation Aid formula could be negotiated with the leaders of the Legislature. “Modifying that is probably fair game,” Washington explained. Senate Majority Leader Andrea Stewart Cousins previously said that the Senate is “concerned about the education proposals the Governor has put forward” and “Almost half [of] the school districts in the state would have been receiving less than they anticipated” under Hochul’s proposal. Speaker Carl Heastie agreed with Stewart Cousins and said in a recent interview, “We want to make sure that our rural and suburban districts aren’t harmed by any proposal.”

Calls for increasing taxes have also been brought up after the recent revenue projection, with many Democratic lawmakers calling for Hochul to increase taxes. Hochul has rejected the calls for increasing taxes and previously said she would reject any budget proposals that include increasing taxes. Washington said the recent revenue projections “will go a long way to smooth out any rough edges that are seen by the Legislature” and “mute some of the calls for increased taxation.” Both the leaders of the Legislature have not committed to any calls for increasing taxes, with Stewart-Cousins explaining, “We’re still discussing what we can do, and we’ll have to wait.”

Earlier this week, Hochul announced that the federal government had approved the state’s 1332 State Innovation Waiver application, allowing the state to expand the state's Essential Plan. The approval of the waiver will allow an individual with incomes up to 250% of the federal poverty line to be eligible for the Essential Plan, saving them an average of $4,700 annually compared to other qualified health plans. Previously, only those with incomes up to 200% of the federal poverty line were eligible for the Essential Plan. The approval waiver will last through 2028. “This waiver expands our Essential Plan to another 100,000 New Yorkers and saves them thousands of dollars each year, strengthening our commitment to ensuring New Yorkers have access to quality insurance,” Hochul explained.

On Tuesday, Hochul announced the approval of the $27 million, 59 Smart Schools Investment Plans for security and technology upgrades. The school investment plans allocated $21 million for security, $4.4 million for classroom technology, $1 million for pre-K, and $604,000 for enhancing internet connectivity. The school investment plans are part of the $2 billion Smart Schools Bond Act, an education technology program approved by voters in a 2014 referendum and build upon Hochul’s commitment to improving and modernizing the state’s education system. “Providing our students the opportunity to learn with cutting-edge technology is essential to prepare them for to the workforce of the future,” Hochul explained.

In anticipation of Tax Day, Hochul announced March 12th as the launch date for a new free tax filing program for eligible residents. FileYourStateTaxes, a joint effort by the state and non-profit Code for America, also integrates with the new IRS Direct File pilot to allow eligible residents to file federal taxes. The launch of FileYourStateTaxes builds upon Hochul’s commitment to improve accessibility to state governmental services and build upon her 2024 State of the State commitment to enhance customer experience. “New York is delivering on its commitment to helping New Yorkers access vital government services, meet their tax obligations, and recover tax benefits,” Hochul said.

On Wednesday, Hochul announced her five-point plan to enhance security on NYC subways. The plan comes as crime against MTA employees in the transit system has risen in recent months. The plan includes:

Deploying 750 National Guards and 250 State Troopers to assist in the NYPD check bags.
Proposing a new bill that would allow judges to ban people convicted of violent crimes against passengers from using the subway.
Improve coordination between law enforcement agencies, transit personnel, and district attorneys to identify repeat offenders.
Directing the MTA to install new security cameras in conductor cabins.
Investing $20 million to expand the SCOUT and SOS mental health crisis outreach teach in the subways.

The new five-point plan builds upon Hochul’s 2024 State of the State commitment to address public safety concerns and an earlier press conference on the state’s progress in combatting violent and gun-related crimes. “My five-point plan will rid our subways of violent offenders and protect all commuters and transit workers. I am sending a message to all New Yorkers: I will not stop working to keep you safe and restore your peace of mind whenever you walk through those turnstiles,” Hochul explained.

LEGISLATIVE UPDATES

Next week, the Legislature is scheduled to be in Session Monday to Thursday

Assemblymember Helene Weinstein to Retire in November

On Monday, Assemblymember Helene Weinstein announced that she will be stepping down from her Brooklyn-based Assembly seat after serving for more than 40 years. First elected in 1981, Weinstein is the longest-serving woman in the Legislature and chairs the influential Ways and Means Committee. She was also the first woman to chair the Assembly Judiciary Committee, another senior committee assignment. With her announcement, NYC Councilmember Kalman Yeger and Adam Dweck, a political newcomer, are running for Weinstein's seat. Yeger has already gotten an endorsement of Assemblymember Jenifer Rajkumar.

Legislature Elects Three New Members of the Board of Regents

Earlier this week, the Legislature elected three new members and re-elected three members of the Board of Regents. The three new members of the Board of Regents are:

Hasoni Pratts, a senior advisor to the CEO and President of the National Urban League
Dr. Seema Rivera, associate professor of STEM education at the Institute for STEM Education at Clarkson University
Patrick A. Mannion, formerly a vice chair of the Columbian Financial Group in Syracuse

The election and re-election of the Board of Regents members came after the Legislature conducted a bipartisan interview process that lasted from February 13th to February 15th.

Senate Passes Support for Farmers Legislative Package

On Tuesday, the Senate passed a legislative package to increase state support for farmers to and expand food access. The legislative package aims to support farmers economically, promote urban farming, and increase farmers’ markets to expand food access in local communities. “Agriculture is an industry with the most potential to do the most good – fight hunger, affect regional resilience in the face of the Climate Crisis, expand diversity and equity across an entire workforce sector, and galvanize a new generation of farmers to take the helm,” Chair of the Senate Agriculture Committee Michelle Hinchey explained. Some of the notable bills in the legislative package include:

Farming Hotline: would establish a hotline for farmers to get information on available support and resources.
Office of Urban Agriculture: would establish an Office of Urban Agriculture to promote and support various forms of urban farming.
Expansion of Regional Farmers’ Market: would direct the Department of Agriculture and Markets to expand the number of regional farmers’ markets.
Carbon Farming Tax Credit: would establish a tax credit for farmers that use a “carbon farming” land management strategy.

Assembly Passes Lithium-Ion Batteries Legislative Package

On Wednesday, the Assembly passed a legislative package to ensure the safety of rechargeable lithium-ion batteries. Lithium-ion batteries, found in many electric vehicles and devices, have been a factor in many recent fire incidents, with NYC reporting 250 battery-related fires and 18 deaths last year. “I’m proud that this package provides the education and safety regulations needed to keep consumers safe while giving our firefighters much-needed additional support,” Speaker Heastie said. Some of the bills in the package include:

Limitation on the Sale of Lithium-ion Batteries: would prohibit retailers from selling lithium-ion batteries until certain safety standards are met.
Lithium-ion Rebate Program: would direct NYSERDA to create a rebate program to encourage consumers to replace their old batteries.
Lithium-ion Batteries Safety Resources: would direct the Department of State, DHSHS, and NYSERDA to develop safety resources and post information and protocols for lithium-ion batteries emergencies.
Emergency Response Training Program: would issue guidance on how emergency services should respond to lithium-ion batteries emergencies.

Assemblymember Walker Criticizes Hochul's Subway Safety Plan

After Hochul unveiled her five-point subway safety plan, Assemblymember Latrice Walker criticized the plan for its similarity to previous stop-and-frisk policies and for its potential discriminatory impacts on Black and brown communities. Although agreeing with Hochul on the importance of protecting MTA employees, Latrice explained that Hochul’s plan would cause “racial discrimination, prevent people from getting to work and to take care of their families, create barriers to education and healthcare, and destabilize entire communities.” Alongside Walker, several NYC Councilmembers have also criticized Hochul’s plan.

Mom Squad Urges Hochul to Reverse Her Proposal to Change School Aid Formula

This week, the “Mom Squad,” a bipartisan group of 18 lawmakers, sent a letter to Hochul urging her to reverse her proposals to remove the school funding hold harmless provision and alter the state’s Foundation Aid formula in the 2025 Final Budget. “As moms in the legislature, we unequivocally oppose your proposal to cut basic operating aid,” the letter states. Hochul previously explained that removing the hold harmless provision is necessary to shift school aid to schools with higher needs. The letter is part of the wider push by lawmakers and education advocates that stress that the proposal to remove the hold harmless provision will result in schools in rural and disadvantaged communities receiving less aid. “Beyond restoring proposed cuts, as a mother, I want every child and family in New York to not only survive but thrive,” Gonzalez-Rojas explained.

PRIMARY & ELECTION UPDATES

Judy Griffin to Challenge Assemblymember Brian Curran Again

On Tuesday, Judy Griffin announced her campaign for her former Nassau County-based Assembly seat, currently held by GOP Assemblymember Brian Curran. Curran first held the seat from 2011 until 2018 when Griffin was able to win the seat, but Curran was able to win back the seat in 2022. For her reasoning to challenge Curran again, Griffin explained, “[Curran] has been ineffective in securing the needed resources for our district,” and that she will be a “voice in the majority who can and will actually deliver real results for our community.” Many expect the race for Curran’s Assembly seat to be competitive as Curran only won the seat by a little over 100 votes in 2022.

Super Tuesday Results

On Super Tuesday, President Biden and Donald Trump cemented their status as presidential nominees for their respective parties. Currently, Biden has won 15 states on Super Tuesday, netting him 1,542 delegates, while Trump has won 14 states, netting him 1,215 delegates. Nikki Haley only won in Vermont with a little over 50% of the total votes, resulting in her dropping her presidential bid and ceding the Republican nomination to Trump. However, Haley did not endorse Trump, explaining that he has “to earn the votes of those in our party and beyond who did not support him, and I hope he does that.” The New York presidential primary is on April 2nd.

OTHER UPDATES

SCOTUS Rules States Cannot Remove Trump From Ballot

On Monday, the US Supreme Court unanimously overturned the Colorado Supreme Court’s decision to remove Trump from the state Republican primary ballot. The Colorado Supreme Court previously ruled that Trump could not run for president under Section 3 of the Insurrection Clause of the Constitution. However, the recent ruling by the US Supreme Court stated that the Colorado Supreme Court had no authority to determine whether a presidential candidate is ineligible and that only Congress is “responsible for enforcing Section 3 against all federal officeholders and candidates.” Although the ruling was unanimous, the three liberal Justices wrote in the concurring opinion that they “protest the majority’s effort to use this case to define the limits of federal enforcement of that provision.” Senator Brad Hoylman-Sigal, who is leading the move to remove Trump from the presidential ballot in the state, said, “It is unfortunate that the Supreme Court used a legal technicality to allow an anti-democratic insurrectionist to remain on the presidential ballot.”

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