Plugged In @ Hinman Straub – February 8, 2017

Coverage of Albany and New York State government

  • Legislative Budget Hearings Continue
  • Pension Forfeiture Constitutional Amendment to Go to Voters
  • Governor, Attorney General Respond to President Trump’s Immigration Executive Order
  • Poll Shows Strong Support for Many Executive Budget Proposals
  • Governor Wants Abortion Rights in the State Constitution
  • Senate’s IDC, Mainline Democrats Battle
  • Attorney General Files Lawsuit Against Cable Company for Failure to Deliver Promised Broadband Speeds
  • Profiles of Newly Elected State Legislators
  • Political Update
  • Coming Up

Legislative Budget Hearings Continue

Last Monday, local government officials urged state legislators to increase aid to their communities.  Mayors testifying before the joint legislative budget committee included New York City Mayor Bill de Blasio, Buffalo Mayor Byron Brown; Rochester Mayor Lovely Warren; Syracuse Mayor Stephanie Miner and Yonkers Mayor Mike Spano.

New York City Mayor Bill de Blasio called on the state to enact a “Mansion Tax” under which all residential property sales over $2 million would have to pay an additional 2.5 percent tax.  He said that he would use the revenue from this tax to provide rent subsidies for as many as 25,000 low-income seniors.

The Governor has proposed linking $715 million in state aid to local governments with the Legislature’s approval of the Governor’s proposal to have municipalities consolidate services.  Under the Governor’s proposal, county officials will be required to develop plans that generate recurring property tax savings by coordinating and eliminating duplicative services and proposing coordinated services to enhance purchasing power, such as jointly purchasing and coordinating use of expensive transportation or emergency equipment. Taxpayers will then vote on these cost-saving plans in a referendum in the November 2017 general election.

Last Tuesday, Republican lawmakers raised concerns about Gov. Cuomo’s proposal to raise the age of criminal responsibility from 16 to 18, including its applicability to violent crime and costs associated with the change.

Last Wednesday, lawmakers questioned Howard Zemsky, the state’s economic development czar, about the initiative formerly known as Start-Up NY and Regional Economic Development Councils.  Zemsky argued that the programs have been successful in terms of job creation and promoting economic growth.

Legislative budget hearings continue this week with hearings on mental hygiene, taxes, human services and housing.

Pension Forfeiture Constitutional Amendment to Go to Voters

Last week, both houses of the Legislature gave final approval to a constitutional amendment  that will allow government officials who stand convicted of a felony in relation to the duties of their office to be stripped of their pensions.  The measure will be voted upon at the November 2017 general election.

The bill will allow the pensions of certain “public officials” to be reduced or revoked if they are convicted of a felony committed in direct connection with their service as a public officer.  It applies to elected officials; gubernatorial appointees; judges and justices of the unified court system; the heads of state agencies; among others.  The forfeiture cold only occur after notice and a hearing, would be based on the severity of the crime, and the court could take into consideration the needs of innocent family members or dependents of the public official.

Both houses also approved a joint resolution that will require legislators who earn more than $5,000 a year in outside income to obtain an opinion from the Legislative Ethics Commission first.

Governor, Attorney General Respond to President Trump’s Immigration Executive Order

In the wake of last week’s Executive Order temporarily closing the nation’s borders to people from seven predominantly Muslim countries, Gov. Cuomo said that he has directed the Port Authority, the Department of State, and his Counsel’s Office to all legal options to assist anyone detained at New York airports, and ensure that their rights are protected.

Gov. Cuomo said:

“I never thought I’d see the day when refugees, who have fled war-torn countries in search of a better life, would be turned away at our doorstep. We are a nation of bridges, not walls, and a great many of us still believe in the words ‘give me your tired, your poor, your huddled masses’…. This is not who we are, and not who we should be.”

State Attorney General Eric Schneiderman joined a federal lawsuit challenging the immigration Executive Order.  The lawsuit asks the court declare the Executive Order unconstitutional, to prevent the Trump administration from further implementing or enforcing the order and to end the detention or deportation of anyone pursuant to the order.

Attorney General Schneiderman said:

“Our proposed complaint describes how President Trump’s executive order is not only unconstitutional and fundamentally un-American, but also how it does profound harm to our families, our economy, and our educational and health care institutions. President Trump’s intent to discriminate against Muslims is clear. We will continue to use every tool at our disposal to fight this discriminatory ban and protect all those caught in the crossfire of its chaotic implementation.”

Poll Shows Strong Support for Many Executive Budget Proposals

A Siena College poll released last week finds that much of what Gov. Cuomo has proposed in his Executive Budget are very popular among voters.

According to the poll, the most popular proposals are creating a $2 billion clean water infrastructure fund; giving preference to American-made goods in state purchases; allowing app-based ride hailing services such as Uber and Lyft to operate throughout the state; and extending the state’s tax on high earners.

Read the poll crosstabs here.

Governor Wants Abortion Rights in the State Constitution

Last Monday, Gov. Cuomo announced that he will propose a state constitutional amendment to codify the protections established by the U.S. Supreme Court’s 1973 decision in Roe v. Wade.  That decision protects the right of a woman to terminate her pregnancy at any point prior to fetal viability or throughout pregnancy when it is necessary to preserve her life or health.

Amending the state constitution requires a measure to be approved by two separately-elected Legislatures and then be approved by voters at a general election.  Thus, the earliest it could be put before voters is 2019.  However, Democrats in the state legislature have been trying to codify Roe v. Wade into state law for a number of years, but the Republican-led Senate has not approved the measure.

Senate’s IDC, Mainline Democrats Battle

The Senate’s eight-member Independent Democratic Conference (IDC) and the Senate’s mainline Democrats argued about how to effectively govern in the age of Donald Trump’s presidency.

Senator Michael Gianaris, the Deputy Leader of the Democratic Conference, criticized the IDC, which is part of the Senate’s Majority coalition, for aiding Republicans in the State Senate who support President Trump.  In response, the IDC released a statement calling the mainline Democratic conference leadership ineffective.

The discord between the Senate Democrats and the IDC benefits the Senate Republicans, who are in a numerical minority in the chamber.  But they have been able to retain a working majority with the help of Democratic Senator Simcha Felder, who sits with the GOP conference, and the eight-member IDC.

This week, a website was launched — www.noidcny.org — which criticizes the IDC for not aligning with the mainline Senate Democratic Conference.

Attorney General Files Lawsuit Against Cable Company for Failure to Deliver Promised Broadband Speeds

Last Wednesday, State Attorney General Eric Schneiderman announced the filing of a lawsuit against Spectrum-Time Warner Cable and Charter Communications, alleging that the companies conducted “a deliberate scheme to defraud and mislead New Yorkers by promising internet service that they knew they could not deliver.”

An investigation by the Attorney General’s office found that found that Spectrum-Time Warner subscribers were not getting what they were promised in terms of internet speed and reliability.  The lawsuit alleges that subscribers’ wired internet speeds for their premium plan customers were up to 70% slower than promised, and that WiFi speeds were even slower. It seeks compensation for subscribers.

Attorney General Schneiderman said:

“The allegations in today’s lawsuit confirm what millions of New Yorkers have long suspected — Spectrum-Time Warner Cable has been ripping you off.  Today’s action seeks to bring much-needed relief to the millions of New Yorkers we allege have been getting cheated by Spectrum-Time Warner Cable for far too long. Even now, Spectrum-Time Warner Cable continues to offer Internet speeds that we found they cannot reliably deliver.”

Profiles of Newly Elected State Legislators

Below are brief profiles of new state legislators.  Click on their name to go to their official biography.

Marisol Alcantara, 31st Senate District (part of Manhattan) – Democrat

Labor organizer Marisol Alcantara was elected to replace fellow Democrat Adriano Espaillat, who was elected to Congress.  A graduate of Manhattan College and the CUNY Murphy Institute, she worked as a union organizer for SEIU 32 BJ in New Jersey.  More recently, she has worked as an organizer for the NYS Nurses Association.  After winning the September primary, Alcantara indicated that she will join the Independent Democratic Conference (IDC), which provided her with financial support in the Democratic primary.

Her legislative priorities include tenant rights, workers’ rights, campaign finance reform, immigration reform and protecting the environment. She has been appointed to serve as Chair of the Senate Labor Committee.

The 31st Senate District includes parts of Midtown Manhattan, the Upper West Side, Harlem, Washington Heights and Inwood.

Pam Helming, 54th Senate District (Seneca and Wayne counties, and parts of Cayuga, Monroe, Ontario and Tompkins counties) — Republican

Pam Helming won a three-way race to replace fellow Republican Michael Nozzolio, who decided not to run for re-election.  Helming previously served as Supervisor of the Town of Canandaigua.  Before that, she worked with people with developmental disabilities, and later managed several area group homes

Her legislative priorities include promoting job creation by reducing taxes and regulations; reducing unfunded state mandates; capping real property taxes; and enacting ethics reform.

Melissa “Missy” Miller, 20th Assembly District (part of Nassau County) – Republican

Republican Melissa Miller was elected to fill the vacancy that was created last April when Democrat Todd Kaminsky was elected to the state Senate in a special election to replace Dean Skelos.  Miller, the mother of a special-needs child, is known for her advocacy for her 16-year-old son and other special-needs children.

Her legislative priorities include providing greater accessibility for people with disabilities and better programs for children with disabilities transitioning into adulthood.  She is also an advocate for ethics reform.

Clyde Vanel, 33rd Assembly District (part of Queens) – Democrat

Democrat Clyde Vanel won the race to replace fellow Democrat Barbara Clark, who died earlier this year.  Vanel worked at a large intellectual property law firm before starting his own business law and intellectual property legal practice in New York City. He represents small businesses, entrepreneurs, artists and entertainers in Queens and across the country.

His legislative priorities include improving the state’s business climate to spur job creation, and improving the state’s public schools.

Yuh-Line Niou, 65th Assembly District (part of Manhattan) – Democrat

Yuh-Line Niou won a six-way Democratic primary race for this seat, which had been held by former speaker Sheldon Silver for decades.  She defeated incumbent Alice Cancel, who won a special election last April to replace Silver.  Niou worked as Chief of Staff to Queens Assemblyman Ron Kim. Her family emigrated from Taiwan when she was an infant.

Her legislative priorities include advocating for tenants and homeowners to preserve and expand affordable housing; ethics and campaign finance reform; and improving the city’s public schools.

Kevin Byrne, 94th Assembly District (parts of Dutchess, Putnam and Westchester counties) – Republican

Kevin Byrne was elected to replace fellow Republican Steve Katz, who did not run for re-election.  Byrne, who worked under former Congresswoman Nan Hayworth as her deputy district director, earned an MPA in Health Care Administration from Marist College.

His legislative priorities include ethics reform; reducing taxes and spending; job creation and addressing the region’s drug crisis.

Billy Jones, 115th Assembly District (Clinton and Franklin counties, and part of St. Lawrence County) – Democrat

Democrat Billy Jones won the race to replace Republican Janet Duprey, who did not run for re-election.  A former dairy farmer and correctional officer, Jones has served as a Franklin County Legislator since 2011.

His legislative priorities include workforce retention; promoting tourism; providing funding for bridge and highway infrastructure; and reducing property taxes.

Mike Norris, 144th Assembly District (parts of Erie, Niagara and Orleans counties) – Republican

Mike Norris was elected to replace fellow Republican Jane Corwin, who did not seek re-election.  Norris is a partner in a law firm, and served as town attorney for the towns of Lockport, Somerset and Cassadega.

His legislative priorities include job creation; ethics reform; repealing the SAFE Act; and reducing regulations on small businesses.

Political Update

Conservative Party Meets in Albany

The state’s small but influential Conservative Party held its annual Political Action Conference last week in Albany.  A number of potential 2018 gubernatorial candidates spoke at the event, including business restructuring expert Harry Wilson, a former candidate for state comptroller;

Westchester County Executive Rob Astorino, who lost the 2014 race for Governor; Dutchess County Executive Marc Molinaro; and State Senate Majority Leader John Flanagan.

 Assemblyman Appointed Oyster Bay Supervisor

Last Tuesday, the Oyster Bay Town Board appointed Assemblyman Joseph Saladino (R) to serve as the town supervisor.  Saladino replaces John Venditto, who has been indicted on federal corruption charges and resigned in January.

Winners & Losers

Each week, City & State New York publishes a list of the week’s political “winners” and “losers.”  Read last week’s list here.

Coming Up

The Senate and Assembly were in session on Monday and Tuesday this week, and again next week.

Legislative budget hearings continued this week:

  • Monday: Mental Hygiene
  • Tuesday: Taxes
  • Wednesday: Human Services
  • Thursday: Housing

The Assembly Committees on Codes, Judiciary and Local Governments are holding a public hearing on government oversight of forensic science laboratories on February 8 in New York City.

The State Board of Regents holds its next meeting on February 13 and 14.

The Public Service Commission (PSC) holds its next meeting on February 16.

Chief Judge Janet DiFiore will deliver the 2017 State of the Judiciary speech in the Bronx on Feb. 22.

The Joint Commission on Public Ethics (JCOPE) holds its next meeting on February 28.