Friday Morning Brief June 9, 2023

Jun 8

Written By Michael Avella

Stay tuned for a supplemental edition in the coming days, pending the conclusion of session.

In the Final Day(s) of Session, Housing Deal Falls Apart, But Clean Slate Expected to Pass

As the 2023 session wraps up, a housing deal between the Legislature and Governor Hochul is all but dead in the Legislature. Speaker Heastie and Senate Majority Leader Stewart-Cousins issued a joint statement yesterday afternoon saying that although both chambers of the Legislature were able to come together for a housing deal, they “could not come to an agreement” with Hochul. However, Hochul’s Communication Director explained that “no housing package was ever even introduced…for the Governor’s review.” This comes after the three-way negotiations between the leaders of the Legislature and Hochul were unable to include housing reforms in the 2024 Budget and continued negotiations afterward. The housing deal that both leaders of the Legislature agreed on includes:

“Good Cause” Evictions
Creation of a local affordable housing plan
Conversion of commercial buildings
Housing Access Voucher Program
Homeowner Protection Plan
Extension of 421-A
Affordable Housing Rehabilitation Program
Establishment of the Office of Civil Representation

Besides the seemingly collapsed housing deal, Clean Slate is still expected to pass in the Legislature, with the bill being on the Assembly floor for a vote and debate. The bill was amended on Monday to change the time period required to have the convictions sealed and other technical revisions. Now, the records would be sealed eight years after incarceration, violent felony convictions would not be sealed and it would allow individuals with sealed convictions to sue someone who discloses those records if the individual with the sealed conviction is harmed as a result. The original prohibition on sealing sexual offenses and sealing misdemeanor convictions after three years is still the same as the previous version. Although GOP lawmakers opposed the bill citing public safety concerns, various advocates, labor unions, and business groups support the bill.

Session will continue today, possibly continuing until tomorrow morning (and possibly into the weekend).

EXECUTIVE UPDATES

Earlier this week, Hochul announced three in-person events to empower minority and women-owned businesses (MWBE) to network and compete for state contracts. The three in-person events are sponsored by the Empire State Development’s Division of Minority and Women’s Business Development. They will provide interactive sessions, engaging panel discussions, and capacity-building workshops to MWBEs to attain the necessary understanding, strategic guidance, and valuable connections to succeed. The in-person events are in support of Hochul’s priority to ensure equity in the state. The dates and locations for the in-person events are:

Tuesday, June 20, 8:00 AM - 4:00 PM - Brooklyn
Wednesday, June 28, 8:00 AM - 4:00 PM - Syracuse
Thursday, July 13, 8:00 AM - 4:00 PM - Buffalo

For more information and registration, please click here.

On Wednesday, Hochul announced eleven new appointments and four reappointments to the state Court of Claims, including Seth Marnin, the first openly transgender appointee. “With diverse perspectives and extensive expertise, I'm confident that each appointee will bring honor and integrity to New York State's judiciary," said Hochul. This comes as Hochul participated in the investiture of Judge Caitlin Halligan in the Court of Appeals. The 11 appointments are:

Raymond Fernandez
Aletha Fields
David Fried
Mario Giaccobbe
Brian Haak
Seth Marnin
Nicole McGregor Mundy
Scott Ordorisi
Kim Parker
Ruth Shillingford
Ellen Tobin

The four reappointments are:

Maureen Heitner
Timothy Lewis
Anar Patel
Michael Siragusa

Yesterday, Hochul announced that the state had reached a labor agreement with the state’s Public Employees Federation (PEF) and the United University Professions (UUP). The labor agreement with the PEF will cover more than 51,000 state employees, while the labor agreement with the UUP will cover more than 37,000 SUNY’s faculty and professional staff. Both labor agreements include salary increases, location pay increases, and health benefits changes. “Through these agreements, my administration is standing by its commitment to investing in New York’s public workforce and continuing to work hand-in-hand with our brothers and sisters in labor,” explained Hochul.

Hochul publicly announced the launch of the interagency initiative against unlicensed cannabis businesses in NYC. Enforcement officers from the state Office of Cannabis Management and Department of Taxation and Finance will conduct inspections and issue Notices of Violation and Orders to Cease Unlicensed Activity. This is in support of the 2024 Budget that empowers state agencies to tackle illegal cannabis sales and build on the expansion of enforcement powers of the Office of Cannabis Management. “These enforcement actions are critical steps to protect and help those individuals who were promised a shot to start a legal business and be successful. Additionally, these unlicensed operators undermine the State’s efforts to generate substantial funds for a social equity fund that will go into the communities that have been hardest hit by over-prosecution of the cannabis laws in the past,” explained Hochul.

This week, Hochul nominated sixteen historical sites throughout the state to the State and National Registers of Historic Places. The nomination includes Puerto Rican Casitas in the Bronx, the Alpine in the Catskill Mountains, and Fairview Manor in Claverack. To learn more about the full list of nominations, please click here.

LEGISLATIVE/BUDGET UPDATES

The Legislature is in session today.....and maybe into the weekend.....

Wrongful Death Benefit Expansion Bill on Hochul's Desk

Lawmakers on Tuesday passed a bi-partisan bill expanding the state’s wrongful death benefits. The bill would enable emotional anguish to be covered under the wrongful death statute, enable a broader set of people to bring claims and establish a shorter statute of limitations. “We’ve denied countless family members the proper consideration for their loved ones since the current statute considers only economic loss,” said Senator Hoylman-Sigal, the bill’s sponsor. However, the bill is a revised version of the earlier wrongful death benefit expansion bill that was vetoed by Hochul last December. Hochul vetoed the earlier version of the bill after various organizations raised concerns about the impact on insurance premiums and liability. It remains to be seen if Hochul will sign the bill or not.

*Good Cause Eviction activists on the Assembly Chamber's balcony*

Local Officials Urge Leaders of the Legislature to Pass New York for All Act

Last week Friday, over 50 local elected officials, including NYC Councilmembers, town councilmembers, and county legislators, wrote a letter to Majority Leader Stewart-Cousins and Speaker Heastie urging them to pass the New York for All Act. The New York for All Act would bar local law enforcement agencies from sharing an individual’s immigration status with federal immigration agencies, such as ICE. This comes after reports of local jail officials sharing immigration information with federal immigration agencies, resulting in backlash from sanctuary cities such as NYC. The bill has been gaining attraction in the Legislature, with 32 co-sponsors in the Senate and 57 co-sponsors in the Assembly. While it remains to be seen if the bill will be signed into law, Senator Gournades, the bill’s sponsor, said, “There is no reason why…we cannot pass a very simple and basic law that would help our most vulnerable immigrant communities across the state,”

Senate Advances Mandatory Retirement Age for Judges Bill

A constitutional amendment that would raise the mandatory retirement age for judges in the state was passed on Wednesday, with a possible passage from the Assembly. If passed by both houses of the Legislature, the amendment would go into a referendum where voters must decide whether to approve it into the state Constitution. This comes after the state’s judicial nominations were brought onto the public view after the Senate rejected Judge LaSalle for the Chief Judge of the Court of Appeals – the state’s highest court. Currently, the mandatory age for judges to retire is 70, and the bill would raise the age to 76. It remains to be seen if the Assembly will pass the bill before the session adjourns until January.

Assembly Banks Chair on Cannabis Banking & Cryptocurrency Regulations

Assembly Banks Chair, Pamela Hunter, joined WCNY’s Capital Pressroom to discuss the recent Assembly hearings on cannabis banking and cryptocurrency held last month. She discussed the current financial obstacles being felt by cannabis dispensaries and manufacturers and current regulations over cryptocurrencies after the banking crisis earlier this March. To listen to the interview, please click here.

OTHER UPDATES

Canadian Wildfire Covers the State in Smoke & Haze

This week, wildfires from Canada released unprecedented amounts of smoke and fine particulate matter across the state, issuing an air quality health advisory and Hochul calling it “an emergency crisis.” Currently, 400 wildfires are burning in Canada, with neighboring Quebec experiencing more than 110 wildfires being considered “out of control.” Hochul, lawmakers, and health officials across the state warned everybody to stay indoors and wear a mask when being outside, especially for those with heart or respiratory issues, other health conditions, and children. With NYC being hit the hardest, the state provided 1 million free N95 masks to all residents as high-quality masks appeared in short supply. The worsening air quality has also led the Gaming Commission to release new measures to protect racehorses in any upcoming horse races:

If the air quality index exceeds 200 at a specific facility, no racing or training may be conducted at that track.
If the air quality index is between 150 and 200 at a specific facility, only horses that pass an additional pre-race respiratory veterinary examination will be permitted to race.

Oral Arguments Heard Over Redrawing Congressional Districts

Yesterday, oral arguments in the lawsuit seeking to reopen the state’s Independent Redistricting Commission (IRC) to redraw the state's congressional districts case were heard by Appellate judges in Albany. This comes after a judge in Albany dismissed the previous lawsuit last year after the Legislature-drawn congressional district maps were struck down as unconstitutional, and a court redrew the congressional districts just right before the November elections. attorneys for the Democrats argued that voters were “harmed” by the court-drawn congressional districts, while the GOP attorneys argued that the lawsuit “is a non-starter from the beginning.” A decision in the case is yet to be issued.

Trial Over New Ethics Commission's Constitutionality

Last Friday, the state Supreme Court in Albany presided over the two-hour hearing between Andrew Cuomo and the state’s new Commission on Ethics and Lobbying in Government (COELIG). Attorneys for Cumuo argued that COELIG is unconstitutional because of the lack of executive oversight, violating the separation of power in the state’s Constitution. Currently, a governor appoints three members out of eleven, with law school deans approving or denying all nominees to COELIG. This comes after COELIG picked up the investigation over Cumuo’s $5 million book deal by the previous Joint Commission on Public Ethics (JCOPE), which is expected to hold a hearing on September 26th of this year. The state Supreme Court Justice Thomas Marcelle presided over the hearing and is expected to issue a decision in the coming months. COELIG was established after the dissolution of JCOPE, approval from the Legislature and Hochul, and Hochul’s promise of an independent ethics commission that lawmakers or a sitting governor cannot pressure.

Free Birth Control & Overdose Prevention Vending Machine in Brooklyn

NYC’s first vending machine providing free birth control and overdose prevention products popped up on the corner of Decatur St. and Broadway. The vending machine also provides free information on available local resources and support for substance abuse. Sponsored by the city’s Department of Health and Mental Hygiene, the birth control and overdose prevention vending machine is part of the city’s pilot program to reduce overdose deaths and provide free contraception. Residents must only enter their zip codes to attain the products instead of paying for them. Three more vending machines are expected to be installed in areas experiencing high overdose deaths. This comes after the city experienced 1,370 recorded overdose deaths in the first half of 2022, expecting to overseed the record for most overdose deaths in 2021, which was 2,668 deaths. This comes as FEMA approve $104.6 million for the city for asylum-seeker crisis related aid.

Adams Plans to Reimburse Hosts of Incoming Asylum-Seekers

Amid the asylum-seeker crisis across NYC and the state, Mayor Eric Adams announced a proposed plan to reimburse residents that house incoming asylum seekers. The plan would start with faith-based organizations and then involve private residences by subsidizing landowners and homeowners. Currently, some residents have been hosting incoming asylum seekers on an ad-hoc basis. This comes as city budget officials estimate that incoming asylum-seekers this year would cost the city $4.3 billion, with already 46,000 asylum-seekers in the city. “We can take that $4.2 billion, $4.3 (billion) maybe now that we potentially have to spend, and we can put it back into the pockets of everyday New Yorkers, everyday houses of worship,” explained Adams.

Adams Sue 30 Counties Over Their Asylum-Seekers Executive Orders

After a preliminary injunction barring Rockland and Orange counties from enforcing their executive orders blocking incoming asylum-seekers on Tuesday, Adams sued 30 counties outside of NYC for similar executive orders. Adams’ lawsuit claims that the executive orders that block incoming asylum-seekers from staying in hotels are based on a false public safety premise and that Hochul’s declaration of a statewide emergency allows Adams to relocate asylum-seekers throughout the state. Officials from the counties disagreed, with an Orange County spokesperson explaining that the “lawsuit lacks merit, and its boldfaced actions of sending individuals from the city to Orange County is in clear violation of state law and is the real problem.”

Donald Trump indicted in classified documents probe

According to sources, former President Donald Trump has been indicted in the special counsel’s classified documents probe. This would be the first time a former president has been indicted on federal charges. This is the second criminal charge Trump has faced this year - he is facing criminal charges in two and there are still two additional investigations occurring.

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