Plugged In @ Hinman Straub – May 9, 2018

Coverage of Albany and New York State government

  • Attorney General Schneiderman Resigns After Assault Allegations
  • Governor Proposes Legislation to Prohibit Offshore Drilling Infrastructure in New York Waters
  • Governor Announces ‘Raise the Age’ Implementation Task Force
  • Senators Croci, Larkin Will Not Run for Re-Election
  • Assembly Approves Bill to Reform Principal and Teacher Evaluations
  • Senate Approves Package of Bills to Address Heroin Epidemic
  • Assembly Approves Child Victims Act
  • Senate Passes ‘Jobs and Opportunity Agenda
  • Senate Democrats Push for Voting Reforms
  • Political Update
  • Coming Up

Attorney General Schneiderman Resigns After Assault Allegations

On Monday night, the New Yorker posted an article reporting that four women had accused him of physically assaulting them. The article quotes two women, both of whom dated Schneiderman, who said he had choked and hit them repeatedly and threatened to kill them.

Schneiderman denied the allegations, but announced his resignation shortly before 10 p.m., effective Tuesday afternoon.

The State Constitution provides that the Legislature ballot, choose a replacement who will serve through the end of the year. The Assembly Democrats hold most of the votes required to choose a successor.

But whoever is selected by the Legislature will have to run for re-election this fall, and could face a primary challenge.

Governor Announces ‘Raise the Age’ Implementation Task Force

Last Monday, Gov. Cuomo announced the members of the state’s Raise the Age Implementation Task Force, which is charged with reviewing and evaluating the implementation of the 2017 law at the state and local levels.

As part of the state’s 2017-18 budget, the state is raising the age of criminal responsibility from 16 to 18 over the next two years.

Gov. Cuomo said:

“Raising the age of criminal responsibility is an essential pillar to social justice reform and critical in allowing New Yorkers the chance to reach their full potential.  This expert Task Force is a significant step forward in our efforts to end recidivism in this state, as they oversee the implementation and effectiveness of the Raise the Age Law in order to help men and women contributing to our society free themselves of non-violent criminal convictions.”

Governor Proposes Legislation to Prohibit Offshore Drilling Infrastructure in New York Waters

Earlier today, Gov. Cuomo announced legislation that would prohibit the leasing of lands, including underwater lands, for offshore drilling, exploration or infrastructure such as pipelines in state waters.  The proposal is in response to the Trump Administration’s plan to expand offshore oil and gas exploration.

Gov. Cuomo said:

“The federal government’s plan to open coastal waters to drilling shows an absolute disregard for science and history. Offshore drilling would make our coastal communities vulnerable to the dangers of oil spills and other drilling disasters and jeopardize the health of our robust marine economy. New York will do everything in our power to prevent environmental disasters and will continue to safeguard our offshore assets and bolster our efforts to support renewable energy development.”

Senators Croci, Larkin Will Not Run for Re-Election

Two Republican State Senators announced last week that they will not run for re-election this fall. The Senate GOP will be defending their one-vote majority in the Senate, which they have because Democratic Senator Simcha Felder caucuses with them.

Last Wednesday, State Senator Tom Croci (R-Suffolk County) announced that he will not run for re-election this fall. Croci, who was first elected in 2014, is being recalled to active duty in the Naval Reserve.

The 3rd Senate District includes south and central Suffolk County, and includes large parts of Brookhaven and Islip.  Democrats have a small enrollment advantage, with 64,333 voters to Republicans’ 56,360, with 47,183 people who are not aligned with any political party.

Last Thursday, State Senator Bill Larkin (R-Orange and Rockland counties) announced his retirement after almost 28 years in office.

The 39th Senate District includes parts or Orange, Ulster and Rockland counties.  Democrats hold an enrollment advantage in the district, 65,669 to 51,595, with 38,262 not enrolled in any party.

Five incumbent Senate Republicans retiring this year; at least four represent potential swing districts.

Assembly Approves Bill to Reform Principal and Teacher Evaluations

The State Assembly this week passed a bill (A.10475) that would eliminate the mandate that local school districts use state tests to determine a teacher or principal’s evaluation.

If enacted, the Commissioner of Education would promulgate regulations providing alternative assessments for districts that choose not to use state assessments, subject to local collective bargaining. The bill would also eliminate the use of a state growth model in a teacher or principal’s evaluation.  The legislation would eliminate the use of certain rules to determine a teacher or principal’s overall rating and make permanent provisions that prohibit grades three through eight ELA or math state assessments scores from being included on a student’s permanent record.

Assembly Speaker Carl Heastie said:

“The Assembly Majority is dedicated to ensuring that all of New York’s students receive an education that will prepare them for successful futures. But it has become increasingly clear that standardized tests do not fully account for the diversity of our student populations. Our legislation reflects that the performance of our teachers and students may not be accurately reflected in these test scores, and it makes commonsense reforms to ensure that teachers can give our students the best possible education.”

The Senate appears likely to act on this bill as well.  The Senate counterpart (S.8301) has 48 sponsors.

Senate Approves Package of Bills to Address Heroin Epidemic

Last Monday, the State Senate approved a package of bills that are intended to increase penalties for drug dealers and improvement enforcement of the state’s drug laws.

The measures approved by the Senate include:

  • establishing new penalties for heroin sales (880);
  • creating new crimes relating to the procurement or possession of black market prescription drugs (2814); and
  • increasing penalties for the sale of a controlled substance to minors (3845).

Senate Majority Leader John Flanagan said:

“The Senate has made record investments in heroin and opioid prevention, treatment, and recovery to help those suffering from abuse, and we are committed to continuing to do more on those fronts. But it is past time that the Governor and Assembly recognize the critical role enforcement plays in preventing drugs from entering our communities and stop delaying new laws that would strengthen penalties for serious drug dealers.”

Assembly Approves Child Victims Act

Last Tuesday, the Assembly approved the Child Victims Act (A.5885-A), which would allow victims of child sex abuse to seek redress by extending statutes of limitation for criminal and civil cases, and allowing victims to seek legal recourse as adults.

Assembly’s proposed legislation would also:

  • remove notice of claim requirements in cases against public institutions, thereby treating potential liability of public and private entities equally;
  • require judges to undergo additional training concerning cases involving the sexual abuse of minors; and
  • give cases revived under the one-year window a special trial preference so they are more rapidly moved forward in court, in recognition of the fact that these victims have, in most instances, already been forced to wait for many years to be able to obtain justice, due to our previously antiquated and fundamentally unfair statutes of limitations.

Assembly Speaker Carl Heastie said:

“Today’s legislation is critical to ensuring that child sexual abuse survivors have access to the justice system and are able to hold their abusers accountable,” said Speaker Heastie. “With this legislation, we can take steps towards changing the culture that too often silences these vulnerable victims, keeping them from disclosing their abuse and seeking legal recourse as adults.”

Senate Passes ‘Jobs and Opportunity Agenda’

Last Wednesday, the Senate approved its Jobs and Opportunity Agenda, a package of tax, regulatory, and economic development reforms “that will help make New York more competitive and foster job growth at a time when the state’s private sector faces widespread obstacles to success.”

Senate Majority Leader John Flanagan said:

“While the Governor and the Legislature’s Democrats race each other to the extreme left on issues that won’t improve the lives of everyday New Yorkers, the Senate Republican Majority continues to focus on enacting measures that will create a more prosperous future for our residents and businesses. The package of bills passed today will reduce the state’s excessively high tax burden on businesses, remove regulatory barriers to growth, and invest in workforce development initiatives that provide better jobs. We will continue lead as advocates in accomplishing these and other important economic initiatives that are critical to the future well-being of our state.”

Items from the Jobs and Opportunity Agenda include:

  • a small business and small farm tax cut (2120-A);
  • expansion of the Minimum Wage Reimbursement Tax Credit (6793-A);
  • providing time for businesses to raise concerns regarding new regulations (6095);
  • providing for a review of and relief from unfunded mandates (5828); and
  • examining the effectiveness of the State Administrative Procedure Act (SAPA) (2133).

Senate Democrats Push for Voting Reforms

Last week, the newly-reunified Senate Democratic Conference held its first press conference at which they called for Senate action on a package of bills making it easier to vote. They noted that New York ranks just 41st in the nation in terms of voter turnout.

The bills the Democrats are pushing include:

  • establishing early voting at designated polling sites up to two weeks before a primary, special or general election, including some weekend days (7400-A);
  • allowing mail-in absentee voting for any reason (840);
  • automatic voter registration (3409);
  • extending primary polling hours upstate to 6 am until 9 pm, instead of noon until 9 pm (7264); and
  • requiring Boards of Elections to notify voters when there is a special election (5527 and S.6733).

Political Update

Quinnipiac Poll:  Cuomo Leads Nixon in Primary and Molinaro in General

A Quinnipiac Poll released last Wednesday shows Gov. Cuomo leading challenger Cynthia Nixon 50 percent to 28 percent among Democratic voters. Against Molinaro, the Dutchess County Executive and likely Republican nominee, the Governor leads 57 percent to 26 percent.

Assemblyman Bob Oaks Will Not Run for Re-Election

On Friday, Assemblyman Bob Oaks (R – Wayne County) said that he will not run re-election this fall. Oaks, who has served in Albany since 1993, has served as ranking member of the Assembly Ways and Means Committee for the past six sessions.

The 130th Assembly District includes all of Wayne County and parts of Cayuga and Oswego counties.

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 Legislature is in session today, and next Monday, Tuesday and Wednesday.

The Public Service Commission (PSC) holds its next meeting on May 17.

The Joint Commission on Public Ethics (JCOPE) holds its next meeting on May 22.

Also on May 22, the Senate Health and Insurance committees and the Senate Heroin Task Force are holding a public meeting in Albany to explore access to and coverage of opioid antagonists, such as Naloxone.

On May 23 and 24, both major political parties are holding their respective conventions to designate candidates for governor, lieutenant governor, attorney general and comptroller. The state Republican Party will meet in Manhattan, while the state Democratic Party will meet in Uniondale, Long Island.

On May 24, the Assembly committees on Judiciary and Health are holding a public hearing “to examine the issue of compensated gestational carrier surrogacy agreements.”

The 2018 state legislative session is scheduled to end on June 20.

The state Board of Elections holds its next meeting on June 25.