Plugged In @ Hinman Straub – August 21, 2018

What’s Inside

  • Governor Directs DEC to Look at Recycling, Market Changes
  • State Sues Purdue Pharma for Fraud, Deception in Opioid Product Marketing
  • President Trump Visits Northern, Central New York
  • Governor Says America ‘Was Never that Great’; Backlash Follows
  • Governor Signs Anti-Hazing Bill Into Law
  • Western New York Congressman Will Not Run for Re-Election
  • Political Update
    • Cuomo, Nixon to Debate on August 29
    • Hochul Releases First TV Ad
    • Teachout Proposes to Build on Martin Act
    • Winners & Losers
  • Coming Up

Governor Directs DEC to Look at Recycling, Market Changes

Last week, Gov. Cuomo directed the Department of Environmental Conservation (DEC) to “identify new actions to improve recycling in New York in response to changes in global recycling markets.” The Governor is responding to the fact that recycling markets are struggling to find suitable markets for material, impacting local solid waste recycling efforts as a result of tightening import restrictions in Asia.

DEC will hold a series of stakeholder meetings that include representatives of industry, local government, state and federal agencies, and the public throughout the state “to develop innovative and sustainable solutions for recycling in New York and identify open markets to utilize recyclables.” The first meeting will be held on August 29 at DEC headquarters in Albany.

Gov. Cuomo said:

“Our recycling programs are putting thousands of New Yorkers to work in the state’s green economy, while cutting the greenhouse gas emissions that cause climate change and protecting our environment. For 30 years, New Yorkers have proven the power of conservation, and these actions will jumpstart even more efforts to support and expand municipal recycling programs across this great state.”

State Sues Purdue Pharma for Fraud, Deception in Opioid Product Marketing

Last Tuesday, State Attorney General Underwood announced that the state has filed a lawsuit against Purdue Pharma alleging “a decades-long and continuing pattern of persistent deceptive and illegal conduct, whereby Purdue misled prescribers and patients about the risks of its opioids, including OxyContin, intentionally understating the risks and overstating the benefits of these powerful and dangerous drugs.”

The state is alleging that Purdue made numerous misrepresentations about its products, including concealing the link between long-term use of opioids and abuse and addiction; falsely claiming that withdrawal from its products can be easily managed; and overstating the risks of alternative pain relief therapies as compared to opioids.

Attorney General Underwood said:

“Our investigation found a pattern of deception and reckless disregard for New Yorkers’ health and wellbeing – as Purdue lined its own pockets by deliberately exploiting our communities and fueling an opioid epidemic that’s destroyed families across the state. We’re now holding Purdue to account for this reprehensible and illegal conduct. Our work won’t stop with this lawsuit: our office will continue to lead the multistate investigation of opioid manufacturers and distributors across the country.”

Purdue denied the state’s allegations, but said it shares the state’s concerns about the “opioid crisis.”

At least 26 other states are also suing Purdue, as are numerous local governments around the country.  They are seeking settlement money and damages to fund opioid abuse prevention, treatment and recovery programs.

President Trump Visits Northern, Central New York

Last week, President Donald Trump visited Fort Drum and Utica.  At Fort Drum, outside of Watertown, the President signed a $717 billion appropriations measure to fund the military. He was joined by Vice President Mike Pence, Republican members of Congress Elise Stefanik and Dan Donovan, and Republican State Senators Joe Griffo and Patricia Ritchie.

The President later attended a fundraiser for U.S. Rep. Claudia Tenney in Utica.  Tenney is facing a challenge from Democratic Assemblyman Anthony Brindisi. At the event, the President criticized Gov. Cuomo for banning natural gas development through hydraulic fracturing and for pushing for strict gun control measures, noting that there is a Remington plant located near Utica.

Gov. Cuomo released a statement sarcastically “welcoming” the President to upstate New York.

Governor Says America ‘Was Never that Great’; Backlash Follows

At Wednesday’s bill-signing ceremony for new penalties for sex trafficking, Gov. Cuomo criticized President Donald Trump over his comments and policies toward women. In doing so, the Governor mocked the President’s campaign slogan ‘Make America Great Again, saying “We’re not going to make America great again. It was never that great.”

Republicans quickly criticized the Governor.  The state Republican Party called the comment “offensive” and called “on every Democratic candidate and elected official to condemn his remarks immediately.” President Trump responded via Twitter, where he said “Can you believe this is the Governor of the Highest Taxed State in the U.S., Andrew Cuomo, having a total meltdown!” Gubernatorial candidate Marc Molinaro said that the Governor owed the nation an apology.

The Governor’s comments were covered in national media outlets and conservative news outlets.

A spokesperson for the Governor later tried to “walk back” the comments. She said:

“The Governor believes America is great and that her full greatness will be fully realized when every man, woman, and child has full equality. America has not yet reached its maximum potential. When the President speaks about making America great again – going back in time – he ignores the pain so many endured and that we suffered from slavery, discrimination, segregation, sexism and marginalized women’s contributions. The Governor believes that when everyone is fully included and everyone is contributing to their maximum potential, that is when America will achieve maximum greatness.”

Cynthia Nixon, the Governor’s Democratic primary opponent, said “I think this is just another example of Andrew Cuomo trying to figure out what a progressive sounds like and missing by a mile. The reality is that Cuomo is desperately trying to run against Donald Trump because he doesn’t have the progressive credentials to run against me.”

On Friday, the Governor addressed the issue on a conference call with reporters. He said “The expression I used the other day was inartful, so I want to be very clear: Of course America is great and of course America has always been great. No one questions that.”

Governor Signs Anti-Hazing Bill Into Law

Last Tuesday, Gov. Cuomo announced that he has signed anti-hazing legislation into law, prohibiting certain physical contact or requiring physical activity in any organization’s initiating ceremony to prevent the deaths or serious injuries of students during fraternity pledging ceremonies.

Gov. Cuomo said:

“These hazing rituals are dangerous and reckless with potentially fatal consequences, and I’m proud to sign this legislation to protect college students across this great state. As we prepare for the beginning of another school year, parents and students alike deserve to have peace of mind that we take hazing seriously and will have zero tolerance for these abuses in New York.”

Western New York Congressman Will Not Run for Re-Election

U.S. Rep. Christopher Collins (R-Erie County) has said that he will not run for re-election this fall amid concerns that his indictment on federal charges relating to insider trading could make his otherwise solidly Republican district in Western New York vulnerable.

A number of potential candidates have said they are interested in replacing Collins.  They include Erie County Comptroller Stefan Mychajliw; State Senators Chris Jacobs, Mike Ranzenhofer and Rob Ortt; Assemblymembers Ray Walter and Stephen Hawley; Erie County Legislator Ed Rath II; and businessman Carl Paladino, among others.

But the process for removing someone from the ballot at this late date in the electoral calendar can be difficult.  Party officials are expected to nominate Collins to run for an office elsewhere in the state.

The 27th Congressional District, which covers the areas between Buffalo and Rochester, is one of the state’s most conservative districts. The Democratic candidate in the race is Nate McMurray, Supervisor of the Town of Grand Island.

Political Update

Cuomo, Nixon to Debate on August 29

Gov. Cuomo’s campaign has agreed to debate Democratic primary opponent Cynthia Nixon on WCBS on August 29.  The debate, which will be held at Hofstra University, will be an hour long and will be taped in front of an audience. Cuomo did not debate primary opponent Zephyr Teachout in 2014, and has not participated in a one-on-one debate since his 2006 attorney general race.

While Nixon has agreed to participate, her campaign is not happy with the format.  A spokesperson for the Nixon campaign said: 

“[W]e are hearing that Cuomo has agreed to participate in a debate hosted by WCBS, with the format and all of the details negotiated in advance, then presented to our campaign on a take-it-or-leave-it basis.  The result: a debate at Andrew Cuomo’s chosen location and TV station, in his preferred format, with a favorable audience, and on a date in the last week of August when a minimum of New Yorkers will be watching. CBS management has acknowledged that the only way to get Governor Cuomo to show up is by giving him everything he wants. We weren’t even given a seat at the table. We understand this isn’t a level playing field. It hasn’t been since the very beginning. Nothing is easy when you’re an outsider, and it’s even harder when you’re a woman. Cynthia will debate Governor Cuomo backwards and in high heels if she has to.”

Hochul Releases First TV Ad

Lt. Governor Kathy Hochul, who is seeking a second term in that office, released her first television advertisement of the campaign last week, which will downstate and in the Albany area through the September 13th Democratic primary.

The ad does focuses combatting the Trump Administration, and emphasizes her ties to Gov. Cuomo:  In the ad, she says:

“The governor and I have a very strong moral compass. We see when people’s rights are under assault, and we use the power of state government to help people, it’s that simple. We are in a battle. And that battle’s being led by Gov. Cuomo and myself.”

Teachout Proposes to Build on Martin Act

Zephyr Teachout, one of the four Democratic Attorney General candidates, released a proposal to expand the state’s Martin Act, which gives the state attorney general wide authority to investigate and litigate fraud in the financial services sector.

She would do so by adding a private right of action to the Martin Act to allow individuals to bring their own personal claims against firms; enabling the Attorney General to impose civil penalties upon firms/individuals who are prosecuted using the Martin Act (current law only allows the AG to seek restitution or injunctive relief);  allowing the AG’s Office to decide how Martin Act settlement funds and payments are spent; and extending the Martin Act’s current 3 year statute of limitations to  6 years.

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

On August 28, the four Democratic candidates for state Attorney General will participate in a debate in New York City.

On August 29, Gov. Cuomo and Cynthia Nixon will participate in a debate at Hofstra University.

On September 6th, the Senate Committee on Commerce, Economic Development, and Small Business and Labor Committee are holding a public hearing on Long Island “to examine the Minority and Women-Owned Business Enterprises program, and consider potential legislative solutions to create a more effective and efficient program to enhance New York’s business climate.”

The state Board of Elections holds its next meeting on September 11.

The Joint Commission on Public Ethics (JCOPE) holds its next meeting on September 12.

New York’s primary elections will be held on Thursday, September 13.

The Public Service Commission (PSC) holds its next meeting on September 13.

The state Board of Regents holds its next meeting on September 17 and 18.