Friday Morning Brief March 10, 2023

Mar 10

Acting Chief Judge Receives Backlash from Lawmakers

Lawmakers are calling for more transparency in the judiciary system after a Law360 investigation found Tamiko Amaker, acting Chief Judge, lied and misled in her testimony to lawmakers about former’s Chief Judge Janet DiFiore’s $6.5 million security detail. Amaker was found to omit critical information and misstating facts before the Joint Budget Hearing on Public Protection.

Amiko testified that the full-time taxpayer-funded security detail for DiFiore was justified, as DiFiore received “50 either inappropriate communications or judicial threats”, a death threat in 2021, and a stalker followed her to her vacation home in 2018. The Law360 investigation found that the alleged stalking incident was never reported to the police and the death threat came from a Florida prisoner who was already behind bars. A judiciary system spokesperson said that Judge Amaker "stated the facts as she knew them at the time of her testimony and is writing a letter to the Legislature to clarify the record."

On Twitter, Senators Mike Gianaris and Brad Hoylman-Siegal indicated a bill to increase transparency in the judiciary system. “I'm troubled by the apparent inaccurate responses to questions by Sen. Gianaris and my own inquiries provided by [the Office of Court Administration] on the Fmr Chief Judge's security detail,” said Hoylman-Sigal.

EXECUTIVE UPDATES

Hochul released her 30-day amendments last week Friday afternoon to her Budget. Most were technical corrections, but some notable changes include:

List of items prohibited under the proposal to ban the sale of fossil fuel-based heating equipment in 2030 for single-family homes & smaller buildings and in 2035 for larger & commercial buildings
Exception for agricultural buildings from the proposed prohibition of fossil fuel-based heating equipment
Increase the state’s appropriation authority to help localities with upstate casinos when the state lowers the facilities’ tax rates.
Increase aid for community college capital projects by $2 million to $106 million.
Clarification of background actors being eligible for certain portions of the increased film-taxed credits.

Governor Hochul announces the availability of $3.75 million to expand street outreach services in underserved populations. The State Office of Addiction Services & Supports will use the NYS Opioid Settlement Fund to provide up to 12 awards of $250,000 for street outreach and ten awards of $75,000 for providers outside of NYC for transportation services.

The approval of $31.4 million for 61 Smart Schools Investment Plans was approved by Hochul earlier this week. The investment plans, part of the $2 billion Smart Schools Act, focus on revamping education by improving classroom technology and enhancing school security. The plans include $16.6 million for high-tech security, $7.2 million for classroom technology, $7.1 million for school connectivity, and $500,000 in total for non-public schools. “This $31.4 million investment will allow students to access the technology to bring them the opportunity to learn at their own pace while providing interactive experiences both inside and outside the classroom,” Hochul said.

On Thursday. Hochul and Attorney General Letitia James sent a letter to the CEOs of Walgreens, Rite Aid, and CVS for their plans to make mifepristone, an abortion medication, available. Mifepristone is an FDA-approved medication for abortion care and to treat miscarriages. The letter comes after Walgreens decided not to sell mifepristone in 21 states where GOP AGs threatened legal actions against pharmacies that provide mifepristone. “At a time when reproductive rights are under attack elsewhere, we cannot let them be chipped away here in New York,” said Hochul and James in the letter. The pharmacy chains have ten business days to respond.

During a press conference in Rochester to highlight her public safety agenda, Hochul further iterated her support for change in the cashless bail reform to make the justice system fairer. Hochul calls for the end of the “least restrictive standard” for judges when considering bail, doubling the number of State Police classes, increased spending for anti-gun violence programs, and $1 billion in funding for mental healthcare. With the “least restrictive standard” bringing controversy, Hochul said, “Confusion is understandable, and I want to make sure that we remove that one standard and give them criteria to look at. I want to make sure judges have what they need."

Angelo “Tony” Riddick, the head of the Office of IT Services, confirmed this week that he would step down by the end of the month. Appointed in December 2020, he oversaw configuring state agencies for post-pandemic operations and modernization efforts. Deputy CIO Jennifer Lorenz will step up in a capacity upon Riddick’s departure.

Rajiv Rao, deputy chief information officer for technology and chief technology officer at the Office of ITS, went on voluntary leave this Tuesday. This comes amid an investigation on whether government contracts under Rao and former acting Budget Director Sandra Beattie met procurement guidelines.

LEGISLATIVE/BUDGET UPDATES

Next week, the legislature is scheduled to be in session from Monday - Thursday

So far into the 2023-2024 Legislation Session, the Legislature has introduced over 10,000 bills. The "One-House" Budget is expected to be released by next week. The final Budget is due on April 1st.

Cannabis Tax Overhaul

On Monday, Assembly Majority Leader Crystal Peoples-Stokes and Senator Jeremy Cooney announced a measure to overhaul the cannabis tax structure. The new bill (A4619/S4831) would replace the current potency tax with an increased excise tax. “This new tax approach will ultimately lead to thriving cannabis businesses at all levels of the supply chain. We will see higher tax revenues,” said the Majority Leader. “Replacing the potency tax with an increase in the excise tax will allow licensed operators, including social equity operators, to sell competitively priced products and be less susceptible to undercutting by illicit market prices without sacrificing revenues reinvested and used for valuable community programming,” added Senator Cooney. This bill introduction came days after Hochul announced the doubling of the number of cannabis dispensaries in NYS last week.

Maternal & Reproductive Health Legislation Passes the Senate

Lawmakers advanced maternal health and reproductive care legislation package last week. It aims to protect women seeking maternal health and reproductive care, emphasizing health disparities in Black and Brown communities. “Access to safe, high quality, and readily accessible reproductive health services and maternal health care is critical to the health and safety of the women who make up more than half of our state’s population and their families,” commented Senator Lea Webb, a bill sponsor. The legislation includes:

S1867: Community Doula Directory; sponsored by Senator Samra Brouk
S201: Special Enrollment Period Protections; sponsored by Senator Cordell Cleare
S3609A: Health Equity Assessments; sponsored by Senator Lea Webb

For more information, click here.

Resolution In Legislature for Remote Session

A resolution was passed on Thursday allowing legislators to participate in Session remotely if "extraordinary circumstances or any other significant or unexpected factor or event" present. This will be on a case-by-case basis.

OTHER UPDATES

Pro-Charter Rally in NYC in Support of Hochul's Proposed Lifting of NYC Caps

On Tuesday, over 500 parents and students railed at NYC City Hall to support Hochul’s proposal to lift the cap on the NYC charter schools. The rally was organized after many Democratic lawmakers resisted Hochul’s proposal. Advocates for charter schools argue that charter schools give parents a choice in their children’s education. “This choice is not a choice of saying that one doesn’t matter or the other. It is giving parents the choice to choose,” said Assemblymember Brian Cunningham, who attended Tuesday’s rally.

NYC Asks for 50-50 Split on Migrant Crisis

On Monday, NYC Budget Director Jacques Jiha testified before the City Council’s Finance Committee that NYC seeks to split the cost of migrant care 50-50 with NYS. “So, at least, you know, if the governor were to share — split the cost with us, it would make more sense than just paying us 29% of the cost that we expect,” said Jiha regarding to Hochul’s proposal to cover 29% of NYC’s migrant-related spending of over $1 billion over two years.

New Program for Refugee Resettlement

Mayor Eric Adams announced a new program to relocate roughly 100 asylum seekers from NYC to Sullivan County Community College this summer. The “Asylum Seekers Pathway to an American Way of Life” would allow approximately 100 asylum seekers to live on-campus and receive services, resettlement orientation, networking, mentorship, and credits. The program is in its early planning stages and negotiations with NYC.

Acting Chief Judge Rebukes Judge LaSalle Critics

Last week, Acting Chief Judge Anthony Cannataro expressed his support for Judge LaSalle, rebuking his critics. Regarding LaSalle’s previous judicial rulings, Cannataro warned that judges are barred from ruling “based on personal, political, or religious views” and must “follow and enforce the law as we understand it.” Hochul is currently looking for a new Chief Judge nominee through a list of seven candidates, which must be approved by the Senate.

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