Plugged In @ Hinman Straub – December 6, 2016

PluggedInMastheadCoverage of Albany and New York State government

  • Governor, Assembly Spar Over Possible Special Legislative Session
  • Governor Signs Bill Banning the Use of ‘Ticket Bots’
  • Governor Vetoes 72 Bills, Signs 63
  • Bharara Says He Will Remain as U.S. Attorney in Manhattan
  • Judicial Nominating Commission Sends List of Court of Appeals Candidates to Governor
  • Department of Health to Allow Medical Marijuana to Treat Chronic Pain
  • State Court Officials Release 2017-18 Budget Request
  • Assembly Holds Hearing on College Tuition and Debt
  • Political Update
  • Coming Up

Governor, Assembly Spar Over Possible Special Legislative Session

Discussions of a possible special legislative session – which would likely include approval of a pay increase for state legislators – continued this week.

Last Wednesday night, a spokesperson for Gov. Cuomo released a lengthy statement laying out an agenda for a potential December special session that would include a legislative pay raise:

  • reaching agreement on the $2 billion housing memo to address homelessness;
  • funding the Governor’s Hate Crimes Task Force;
  • procurement reforms, including providing Inspectors General for SUNY and CUNY with subpoena power for their foundations;
  • ethics and campaign finance reforms, including:
    • a constitutional amendment to limit lawmakers’ outside income and to establish a full time legislature;
    • a constitutional amendment to establish four-year legislative terms with two-term limits;
    • reducing campaign contribution limits;
    • limiting donations from those seeking state contracts during and after the RFP process; and
    • expanding financial disclosure requirements for local elected officials.

In response, Assembly Speaker Carl released a statement in which he said that the Assembly is not willing to “trade a pay raise for any piece of legislation.”

So while a special legislative session remains a possibility, the Governor and legislative leaders do not appear to be close to agreement on any matters that would be considered at such a session

Governor Signs Bill Banning the Use of ‘Ticket Bots’

Last Monday, Gov. Cuomo announced that he has signed into law a bill banning “ticket bots” — computer software designed to quickly purchase tickets sporting and entertainment events so that they can be resold on the secondary market.

The new law will make the use of ticket purchasing software a misdemeanor, and authorizes the imposition of fines on any person who resells a ticket that was purchased through a ticket bot.

Gov. Cuomo said:

“These unscrupulous speculators and their underhanded tactics have manipulated the marketplace and often leave New Yorkers and visitors alike with little choice but to buy tickets on the secondary market at an exorbitant mark-up.  It’s predatory, it’s wrong and, with this legislation, we are taking an important step towards restoring fairness and equity back to this multi-billion dollar industry. I thank Attorney General Schneiderman and the sponsors of this legislation for their diligence and hard work to pass this much-needed measure.”

Governor Vetoes 72 Bills, Signs 63

Late last Monday, just before a midnight deadline, Gov. Cuomo vetoed 72 of the 133 bills that the Legislature sent him in mid-November.

Some of the high-profile bills vetoed by the Governor were tax credits for music and video game producers similar to the state’s existing film production tax credits; tax credits for the purchase of geothermal energy systems; a tax credit for food donations by New York farmers to a food bank or emergency food program; and allowing charities to sell raffle tickets online.

Among the bills the Governor approved was a measure that will shorten the timeline for an agency to file an appeal over a Freedom of Information Law request from nine months to two months.

Bharara Says He Will Remain as U.S. Attorney in Manhattan

After meeting with President-elect Donald Trump last Wednesday, U.S. Attorney for the Southern District of New York Preet Bharara told reporters that he was offered the opportunity to remain in his position as U.S. Attorney in Manhattan and plans to do so. Bharara, who previously worked for U.S. Senator Chuck Schumer, was first appointed to the position in 2009 by President Obama.

Bharara has been applauded for his political corruption and insider trading cases. His office successfully prosecuted former state Assembly Speaker Sheldon Silver (D-Manhattan) and former state Senate Majority Leader Dean Skelos (R-Rockville Centre) on corruption charges. Both cases are currently on appeal.

Judicial Nominating Commission Sends List of Court of Appeals Candidates to Governor

Last Thursday, the Commission on Judicial Nomination sent its list of candidates to succeed Senior Associate Judge Eugene Pigott Jr.  to serve on the Court of Appeals, the state’s highest court.  Under the state constitution, Judge Pigott is required to retire on December 31, 2016, because he turned 70 earlier this year.

The Commission list of candidates includes seven nominees:

  • Eric Corngold, attorney at Friedman Kaplan Seiler & Adelman LLP;
  • Judith Gische, Associate Justice, Appellate Division, First Department;
  • Caitlin Halligan, attorney at Gibson, Dunn & Crutcher LLP;
  • Erin Peradotto, Associate Justice, Appellate Division, Fourth Department;
  • Benjamin Rosenberg, General Counsel at the New York County District Attorney’s Office;
  • Robert Spolzino, attorney at Wilson Elser Moskowitz Edelman & Dicker, LLP; and
  • Rowan Wilson, attorney at Cravath, Swaine & Moore LLP.

The Governor is supposed to make his appointment from this list between January 1 and January 15, and the State Senate is then supposed to take action to confirm or reject the appointment within 30 days.

Once his appointee is approved by the Senate, Gov. Cuomo will have selected all seven members of the state’s highest court.

Department of Health to Allow Medical Marijuana to Treat Chronic Pain

Last Thursday, the state Department of Health (DOH) announced that patients in New York who suffer from chronic pain will be able to use medical marijuana to alleviate their symptoms. DOH said that it is preparing regulatory amendments that will be formally proposed in the near future.

State Health Commissioner Dr. Howard Zucker said:

“After conducting a thorough review of the scientific literature, it became clear that there may be certain benefits in the use of medical marijuana by patients suffering from chronic pain.  Medical marijuana is already helping thousands of patients across New York State, and adding chronic pain as a qualifying condition will help more patients and further strengthen the program.”

Currently, the state limits the use of medical marijuana to the treatment of cancer; HIV infection or AIDS; amyotrophic lateral sclerosis (ALS); Parkinson’s disease; multiple sclerosis; damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity; epilepsy; inflammatory bowel disease, neuropathies, and Huntington’s disease.

Assuming this change goes forward, it would represent the most significant expansion of the state’s medical marijuana program since it was established.

State Court Officials Release 2017-18 Budget Request

Last Thursday, state court officials submitted a $2.18 billion spending plan for the 2017-18 fiscal year, a 2% increase over their current budget.

The proposal would enable the court system to add about 200 employees to its workforce, increase evening hours for small-claims courts in New York City, and purchase courthouse security equipment and bullet-proof vests for uniformed court officers.

Gov. Cuomo is required to submit the Judiciary’s budget request as part of his 2017-18 Executive Budget plan in January.  However, the Governor and Legislature are free to modify the Judiciary’s proposal as they negotiate the state’s spending plan.  The state’s 2017-18 fiscal year begins on April 1, 2017.

Assembly Holds Hearing on College Tuition and Debt

Last Wednesday, the Assembly’s Higher Education Committee heard testimony on rising college costs and student debt with an eye toward easing the burden on students in the state, who on average owe $32,200 in student loans.

Potential ways of addressing the problem include increasing state support for colleges and universities, expanding the state’s Tuition Assistance Program (TAP) from $5,165 to $6,500 and helping students complete their course of studies on time.

State University of New York Chancellor Nancy Zimpher asked lawmakers to increase support for the state’s public university system so that it is not forced to raise tuition on students, which it has done in each of the past five years.  She said that the total cost of a SUNY education, including room and board, has increased by 35% over the last eight years, from $17,880 to $24,201.

Political Update

Democrats Claim Victory in Nassau County State Senate Race

Democratic Senate candidate John Brooks holds a 41-vote lead over incumbent Republican State Senator Michael Venditto in the 8th Senate District.  However, 1,110 paper ballots have been challenged – 750 by the GOP and 360 by the Republicans.  Arguments on whether the challenged ballots will be counted are to be heard next week in Nassau State Supreme Court.

A spokesperson for the Senate Democrats declared victory in the race, while the Republicans say that the race is not over.

If Brooks is declared the winner of this race, there will be 32 elected Democrats in the 63-seat State Senate.  However, Brooklyn Senator Simcha Felder has indicated that he plans to continue caucusing with the Senate Republicans, and the Senate’s 7-member Independent Democratic Conference (IDC) appears poised to continue to be a part of the Senate’s “Majority Coalition.”

Last Thursday, Senate Democratic Leader Andrea Stewart-Cousins (D-Yonkers) and liberal groups including the Working Families Party and Citizen Action urged Gov. Cuomo to work to unite the Senate’s Democrats so that they can gain control of the State Senate.

Kolb Re-Elected Assembly Minority Leader

On Tuesday, the Assemblyman Republican Conference re-elected Brian Kolb (R- Canandaigua) to serve as its leader.  He was first elected to that position in 2009.

The Assembly Republican Conference will return to Albany in January with 43 members in the 150-seat Assembly.

Winners & Losers

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

Coming Up

The Joint Commission on Public Ethics (JCOPE) is holding a public hearing on December 7 regarding its staff proposal for Comprehensive Lobbying Regulations.

The awards ceremony for the state’s Regional Economic Development Councils (REDCs) will be held on December 8.

The Assembly Transportation Committee is holding a public hearing on upstate public transit system programs and services on December 8.

The state Board of Elections holds its next meeting on December 9.

The Board of Regents holds its next meeting on December12 and 13.

The Assembly Committee on Libraries and Education Technology is holding a public hearing on the funding of public libraries on December 13.

The Public Service Commission (PSC) holds its next meeting on December 15.

The 2017 Legislative session will begin on Wednesday, January 4, 2017.