Friday Morning Brief Feb. 2, 2024

Feb 1

Written By Michael Avella

Member Spotlight:

Senate Minority Leader Rob Ortt

Senator Rob Ortt joined us to discuss his Northwestern New York district and his experiences in the Senate. Prior to being a Senator, he served in the state Army National Guard and was elected twice as the Mayor of the City of North Tonawanda. Currently, he is the Senate Minority Leader for the GOP Conference and as leader, the ranking member on the Senate Committee on Rules.

What district do you represent? Can you describe it for those who have never been there and highlight anything of particular interest about your district?
I represent New York State Senate District 62, which encompasses a large portion of Western New York, including all of Niagara and Orleans Counties and the western portion of Monroe County, stopping right before the City of Rochester.

There is a great deal of natural beauty within my district, including Niagara Falls, sweeping views of rural farmland, vineyards, and waterways, including Lake Ontario, the Niagara River, and the historic Erie Canal.

A great deal of my constituents are hardworking individuals and families, many of whom hold down blue-collar jobs in agriculture, manufacturing, and the trades. We also have numerous medical professionals, small business owners and educators.

There is a great deal of history in my district, not only of local interest but representing national and international regard with sites like Niagara Falls State Park, Old Fort Niagara and the Lockport Locks. From history buffs to sportsmen to international travelers, there is a great amount to do and see within District 62.

What was your profession before becoming a legislator – did it inspire you to run for office?
All of my careers have revolved around service. First, as a member of the Military – I enlisted in the New York Army National Guard following the terrorist attacks of 9/11. I was commissioned as an officer in 2005 and 2008 and was deployed to Afghanistan in support of Operation Enduring Freedom. My mission was to advise and mentor the Afghan National Police in Kandahar. For my service in Afghanistan, I received the Bronze Star Medal, the Combat Infantryman Badge, the Army Commendation Medal, and the Global War on Terror Service Medal.

As a First Lieutenant, Executive Officer for an infantry company – my training and experiences in leadership were invaluable and would ultimately lead me to a post-military career as a public servant. Before being deployed, I was an independent personal financial analyst with Primerica Financial Services, specializing in assisting middle-income families to reduce their debt and save enough to be able to retire with dignity. I also had the distinct honor of having twice been elected as Mayor of my hometown, the City of North Tonawanda, prior to becoming New York State Senator.

What kind of music do you like - any favorite bands/artists?
I have a bit of a mix when it comes to music. My playlist includes Metallica, Guns and Roses, classic rock like Led Zeppelin and Pink Floyd, as well as U2, the Beastie Boys and even the Red Hot Chili Peppers. You will find some TuPac and a lot of Frank Sinatra. You might find some classical music as well.

How about sports - any favorite NY sports team or play any sports?
I grew up playing hockey, so naturally, I’m a big fan of the Buffalo Sabres. I am also a proud member of the Bills Mafia, and I always root for The Army Black Knights - Go Army, beat Navy!

Favorite foods? Any favorite places to eat in your district?
I’m constantly on the go, so I frequent many local eateries. Scripts Cafe and Molinaro’s Ristorante in Lockport are favorites among my staff and I near the district office. Mariachi De Oro is one of the best hidden gems within my district. It is a family-owned spot in Medina serving some of the best and most authentic Mexican-style meals I’ve ever had. I also enjoy the Dockside Bar and Grill and the Hideaway Bar and Grill in my hometown of North Tonawanda. Guilty pleasures are chicken finger subs, cereal (which I could eat any time of the day), or just snacking on some Doritos.

What do you like to do in your free time? Any favorite activities?
I enjoy family time with my parents, siblings, nieces and nephews, or just some downtime with my wife and our German Shepard, Roxie. We also take pleasure in traveling, along with hiking and bicycling trips on many of the beautiful trails Western New York has to offer.

As Senate Minority Leader, what are the main priorities for your conference this upcoming session?
Making New York safer, more affordable and providing more economic opportunity while protecting New Yorkers’ personal freedoms. Our agenda squarely focuses on those main issues. We also see an urgent need to address the alarming rise in antisemitism we have witnessed in the months following the terrorist attacks in Israel on October 7th, as well as addressing the migrant crisis that continues to put a massive strain on local governments and taxpayers.

What are your top priorities for your district in particular?
With District 62 being a vastly rural setting with abundant farmland – one of my top priorities is protecting farmers and agricultural businesses by making sure we’re enacting policies that allow the industry to grow and thrive. Another important issue among my rural-based constituents is increasing access to broadband internet - many families are underserved or simply have no service at all. I will also unapologetically continue to defend the Second Amendment and fight to keep the rights of New York Gun owners and sportsmen protected.

What are/is your greatest/proudest achievement(s) throughout your career?
Next to leading our brave men and women in combat, being elected as a representative for the State Senate by my residents of SD62 is at the top of my career achievements. I’m also extremely proud of my work on expanding the Dwyer Program - a peer-to-peer program for Veterans facing the challenges of Post-Traumatic Stress Disorder (PTSD) and Traumatic Brain Injury (TBI).

Are there any other members you find yourself working with a lot or enjoy hanging out with in particular?
I get along with many of my colleagues, both Republican and Democrat, from Western New York and across the state - it is impossible to name just one.

What did your office focus on before the session started? Did you plan on your priorities & goals?
Laying out our vision and agenda that we will focus on during the upcoming legislative session and budget process – our priority continues to be to help New York thrive by making it safer and more affordable and protecting freedom and opportunity for all New Yorkers.

What advice would you give to young folks getting into politics?
I would say that you need to understand and have a good sense of what it is you want to achieve, then figure out the best way to do that– whether it’s working as a staff member in a political office, campaigning, doing volunteer work, lobbying, or running for an elected office. Politics should be a means to an end - not an end in itself. Know and understand what your end is.

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!

Hochul Signs "Rape is Rape" Act

In a highly publicized announcement on Tuesday, Governor Hochul signed legislation to expand and update the legal definition of rape to include various forms of nonconsensual sexual contact that the original definition did not cover. Known as the “Rape is Rape” Act, the legislation has been heavily advocated by survivors for more than a decade. “Today is about the survivors. It’s about aligning the letter of the law with the pain in their hearts. It’s about calling out vile and horrific acts for what they are so survivors can reclaim their power and dignity,” Hochul explained.

The signing of the legislation comes just days after Donald Trump was ordered to pay $83.3 million to writer E. Jean Carroll in a sexual abuse and defamation case. The state’s current limited definition of rape was a factor in Caroll’s case against Trump, in which a previous federal civil trial in May rejected her claim that Trump had sexually abused her in the 1990s and instead found that Trump was responsible for a lesser degree of sexual abuse. “I want to take a moment to recognize E. Jean Carroll for her courageous efforts to make sure justice was done,” Hochul said, recognizing the importance of the case to the legislation.

The legislation will apply to sexual assault cases committed starting on September 1st. Many supporters argue that the legislation represents a societal shift in how violent sexual crimes are viewed and makes it easier for members of the LGBTQIA+ community to hold perpetrators of sex crimes accountable. “Before today, many of those assaults wouldn’t be able to be classified as rape in New York state. But now we fixed that language,” Senate sponsor Brad Hoylman-Sigal explained.

EXECUTIVE UPDATES

On Monday, Hochul announced that the US National Science Foundation designated the NENY Storage Engine in Binghamton University as a Regional Innovation Engine. The NENY Storage Engine will receive up to $15 million for two years and up to $160 million over ten years to help ensure that it becomes a national energy storage hub. The designation builds upon prior combined federal and state investment of $113.7 million in Binghamton University, aimed at supporting the creation of Battery-NY, a technology development, manufacturing, and commercialization energy storage hub. $50 million in state investment was announced in Hochul’s 2022 State of the State Address. Battery-NY will help support the state’s CLCPA goals of achieving a zero-emission electricity sector by 2040 and transitioning into a green economy.

Joining 21 other Governors, Hochul filed an amicus curiae brief with the US Supreme Court urging the Court to overturn the Fifth Circuit decision of limiting access to the abortion medication mifepristone. “I join fellow Governors throughout the nation in demanding an end to the harmful politicizing of reproductive healthcare and call on the Court to recognize the longstanding, independent scientific authority of the FDA,” explained Hochul. This builds upon Hochul’s commitment to ensure the protection of abortion access in the state, such as a proposal to invest $100.7 million in funding for abortion providers in the state as part of her 2024 Budget proposal and purchasing a five-year supply of abortion medication misoprostol.

On Wednesday, Hochul awarded $100 million to 50 school and BOCES districts to address learning loss and student mental health support. Under the recent award, fifteen school and BOCES districts received the RECOVS Grant, which expands access to academic recovery professionals, improves capacity for school staff, implements new academic recovery practices, and ensures financial stability for academic recovery opportunities. Forty other school districts and BOCES received the Mental Health RECOVS Grant, which expands school practices that promote mental health and wellness, improve staff capacity, increase help-seeking behavior programs, and promote student diversity, equity, and inclusion. The award comes after the RECOVS Program was first announced in August 2023 to reiterate Hochul’s commitment to expanding resources for schools and supporting students’ mental health.

This week, Hochul announced the launch of the state’s new Farm Employer Overtime Credit advance portal. The new portal will allow farmers to register and begin preparing to apply for Farm Employer Overtime Credit, a refundable tax credit available for eligible farm employers who pay overtime wages after January 1, 2024. Hochul first created the Farm Employer Overtime Credit as part of her 2022 State of the State commitment to address high farm labor costs and builds upon her 2024 State of the State commitment to support the state’s agricultural industries and workforce development programs. “Our farmers and farm workers are essential, and I want to do everything in my power to ensure that they can thrive in their work to bring fresh, local products to the tables of New Yorkers,” Hochul said.

LEGISLATIVE UPDATES

Next week, the Legislature is scheduled to be in session Monday to Wednesday

Joint Legislative Budget Hearings next week:

Tuesday - Local/General Government
Wednesday - Environmental Conservation
Thursday - Higher Education

Senate Republicans Unveils "Save Our Schools" Legislative Package

On Monday, the Senate GOP unveiled their Keep Education a Priority for All New Yorkers legislative package, notably opposing Hochul’s budget proposal to do away with the hold harmless provision for education funding. Senator Jim Tedisco, the ranking member of the Senate Education Committee, explained that “slashing the hold harmless funding for the education of students across the state including cutting $6.692 million in funding for seven schools in my Senate district,” is unacceptable. Senate Majority Leader Rob Ortt added, “$4.3 billion over two years will be used to address the migrant crisis that was caused by open borders and sanctuary city policies supported by Democrats. At the same time, they are stripping millions of dollars from rural and suburban school districts.” The other proposals in the legislative package include closing the pandemic learning gap, prohibiting the housing of migrants on school grounds, and establishing a school resource officer program for public and nonpublic schools. This comes after the Senate GOP unveiled their “A New Hope for the Empire State” 2024 Legislative Agenda earlier in January.

Senate Passes Pharmaceutical Legislative Package

On Tuesday, the Senate passed a package of pharmaceutical-related bills intended to address the cost of prescription drugs and eliminate the cost-sharing of insulin. One notable bill in the legislative package includes the NYS Affordable Drug Manufacturing Act, which would allow the state to pursue its own drug manufacturing and partner with other states to produce and sell drugs. “My groundbreaking New York State Affordable Drug Manufacturing Act will make New York the second state in the nation to collaborate with drug manufacturers to produce our own generic medications, helping to directly address our current drug affordability crisis,” Chair of Senate Health, Gustavo Rivera, explained.

Other notable bills in the package include:

Prohibit Cost Sharing for Insulin: would eliminate copays or any other cost sharing for insulin
Step Therapy Reform: would require a utilization review agent to follow certain rules when establishing a step therapy protocol
Wholesale Prescription Drug Importation: would establish a wholesale prescription drug importation program in the state

Lawmakers Rally for Universal Free School Meals

In a show of bipartisan support, lawmakers joined a rally on Monday to push for universal free school meals. Although the number of students eligible for free school meals was expanded to more than 347,000 last year due to expansions in federal eligibility criteria and state subsidies, more than 300,000 students are still not eligible. With the federal guidelines now requiring 25% of students to be eligible for free or reduced meals for schools to be eligible in the free school meals program, there are concerns that some schools will not qualify due to using an individual income threshold to determine eligibility. “We know it is low-income children who are most impacted, but they exist across every neighborhood across New York state,” explained Assemblymember Jessica González-Rojas, who sponsors a universal free school meals bill. “If we want to prove to New Yorkers that we can come together as Republicans and Democrats to do the right thing, feeding our kids needs to be at the top of that list,” Assemblymember Matt Slater said.

Wage Theft Deterrence Package Introduced

Spearheaded by Senator Jessica Ramos, three bills were introduced this week as part of a “Wage Theft Deterrence” legislative package. The three bills would empower the Department of Labor, the State Liquor Authority, and the Department of Taxation to collaborate on addressing wage theft in the state’s lower-wage workforce and make it difficult for violators to conduct business in the state. “Our goal is to make employers in the industries where wage theft has been part of the business model rethink how they operate,” Ramos said.

The three bills in the package are:

Empowering the State Liquor Authority: would suspend liquor licenses for bars and restaurants that own their workers more than $1000
Issuing Stop-Work Orders: would allow the Department of Labor and Workers’ Compensation Board to issue stop-work orders
Suspending Employers to Operate: would allow the Department of Taxation to suspend certain authority of employers to operate due to violation of wage theft

Senator Neil Breslin to Retire in November

On Wednesday night, Senator Neil Breslin informed Albany Democratic party leaders that he will not be running for reelection in November. First elected in 1996, Breslin has represented parts of the Capital Region for over 25 years and is the longest-serving Senator. To succeed Breslin, the Albany County Democratic Committee has already endorsed Albany Assemblymember Pat Fahy to run. "I'm excited and honored by the prospect of serving our community in a new capacity, and look forward to formally announcing my candidacy in the coming days and sharing my vision for our district, community, and state in the near future," explained Fahy.

PRIMARY UPDATES

Astoria Attorney to Challenge Zoran Maidani

Late last week, Steven Beard, an attorney from Astoria, announced that he is challenging Zohran Mamdani to represent the Astoria and Long Island City based Assembly seat. “The district needs an advocate, not an activist, who will bring the district and the State into the 21st century. I will be focused on bringing more housing, transportation, and union jobs to the 36th Assembly District,” Beard explained his reasoning for running. In his announcement, Beard also expressed his opposition to the BDS movement and the “Not on our Dime!” bill, which Mamdani sponsors. “BDS policies will not bring peace to the Middle East, nor will such policies bring an end to the violence or the policies which are the subject of the ‘Not on our Dime!’ bill,” Beard explained. Mamdani rebuked Beard and said that Beard “didn’t have a coherent vision for the future of our neighborhoods. But he did make it clear that he’d spent some time on one issue in particular, Israel and Palestine.”

Carmen Quinones Joins Race for O'Donnell's Seat

On Tuesday, Carmen Quinones, president of NYCHA’s Douglass Housing Tenants Association, announced her candidacy for Danny O’Donnell’s Manhattan Assembly seat. Quinones will join Micah Lasher, Barry Weinberg, Eli Northrup, and Melissa Rosenberg in the contested race. “Together, we will navigate the complex landscape of legislative change, bringing about reforms that truly benefit us all,” Quinones said. The race for O’Donnell’s seat came after he announced in November that he would not run for reelection.

Patrick Carroll Announced His Campaign to Succeed Kenneth Zebrowski

Clarkstown Councilmember Patrick Carroll announced his campaign to replace Assemblymember Kenneth Zebrowski, who recently announced his intention not to run for reelection in November. Carroll is currently the only candidate to jump into the race to replace Zebrowski but has already garnered endorsements from three current county legislators, local Democratic Party Chairs, former Senator David Carlucci, and former Assemblymember Alex Gromack. Zebrowski’s announcement to not run for reelection could lead to a competitive race to replace him as Hochul underperformed in the district during her 2022 campaign and is currently represented by GOP Representative Mike Lawler. With the Democrats holding the supermajority in the Assembly with 102 seats out of the required 100 seats, many observers note the Democrats have little wiggle room in November with other races where Democratic incumbents won in 2022 with slim margins.

OTHER UPDATES

Speaker Adams Overrides Mayor Adams' Vetoes

In a move led by NYC Council Speaker Adrienne Adams, the City Council overrode Mayor Eric Adams’s vetoes of the How Many Stops Act and a bill banning any type of solitary confinement in jails. The How Many Stops Act will require police officers to record any interactions they have when gathering information and has been heavily criticized by Mayor Adams for potentially increasing paperwork. “These bills will make New Yorkers less safe on the streets, while police officers are forced to fill out additional paperwork rather than focus on helping New Yorkers and strengthening community bonds,” Mayor Adams explained.

However, Speaker Adams and supporters of the vetoes said that the bill increases transparency and ultimately will improve public safety. “Public safety is a collective effort, but it can only be achieved when there’s transparency and accountability in policing. Transparency fosters the community trust that is necessary to make our neighborhoods safer,” Speaker Adams explained.

Firm Spotlight

D&A founder and partner Michael Avella Sr. was recently honored in City & State’s 2024 50 Over 50 Award! Mike’s excerpt below:

Michael Avella had dedicated his career to making Albany work for the people of New York. Prior to founding Dickinson & Avella PLLC, he was chief counsel to two state Senate majority leaders and a Senate adviser on tax, gambling and budget issues. Avella says his work for clients to pass same-sex marriage is his proudest accomplishment, both by helping New Yorkers and paving the way for legalizing it at a national level. “I attribute my professional success to an emphasis on integrity, follow-through and treating others with dignity and respect,” he says.

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