Plugged In @ Hinman Straub

February 13, 2023

What’s Inside

  • Assembly Rules Changes
  • Assembly and Senate Release Staff Budget Analysis
  • State Senate Passes Small Business/MWBE Package
  • Senate Republicans Sue to Force Court of Appeals Confirmation Vote
  • DOH Updates COVID-19 Mask Guidance for Health Care Settings
  • Political Updates
  • Coming Up

Assembly Rules Changes

The State Assembly passed a resolution amending the Rules of the Assembly making four changes to current Assembly practices, as follows:

Amendments

The Assembly Rules regarding the amendment of bills were changed to authorize amendments to be made by the sponsor of a bill in a form to be prescribed by the Clerk of the Assembly and delivered to the Index Clerk. Previously, Assembly Rules dictated that sponsors amending their bills provide three paper copies of the mark-up along with six paper copies of the amended sponsor’s memo to the Clerk of the Assembly.

Consideration of Bills (99s)

The Assembly Rules regarding forced committee consideration of bills were changed substantially. Prior to the rule change, members could force a committee to consider their bills without significant limits. Referred to colloquially as “99s”, members could file with a committee their intention to require committee consideration on a virtually unlimited number of bills in the second year of a two-year cycle, and up to five bills in the first year of a two-year cycle, provided that no more than one bill per member per committee could be considered in the first year. The Rules now provide that members are limited to four 99s per year.

Remote Session

The Assembly permanently adopted remote session and attendance rules utilized during the pandemic. The rules would not take effect unless a state or federal disaster emergency is declared.

Fast Roll Call

The Assembly Rules were also changed to require that a slow roll call must be requested by 15 members, otherwise the use of a fast roll call is authorized. For a fast roll call, members not voting in the negative are automatically considered a vote in the affirmative and negative votes are not required to be read aloud.

This builds on changes to the Rules from 2022, which limited the length of time any one bill can be debated. The State Senate already utilizes a fast roll call for all bills that are not debated and limits the length of debates. 

 

Assembly and Senate Release Staff Budget Analysis

The Assembly and Senate Majority central staff have released their annual Executive Budget briefing books. These briefing books provide an overview of the entire Executive Budget.

The Assembly “Yellow Book” can be viewed here.

The Senate “Blue Book” can be viewed here.

State Senate Passes Small Business/MWBE Package

The State Senate passed a package of bills regarding small businesses and minority and women owned businesses.

S.702 Comrie/No Same AsRelates to assistance for certain small businesses

This bill would expand the eligibility of the Urban Development Corporation Act to allow dry cleaning businesses and appearance enhancement businesses which practice nail specialty to make capital improvements through grants and flexible financing programs in order to defray costs associated with mandated capital improvements.

S.1419 Comrie/A.3861 JacksonMWBE Reason for Rejection

This bill would require the Director of the Division of Minority and Women’s Business Development to promulgate rules regulations requiring all contracting agencies to promptly provide written notice to unsuccessful bidders that are MWBEs notifying them that they were not selected and the reasons why, and to disclose the identity of the successful bidder, offer guidance for improving future proposals, and advise such MWBE of services and debriefings available to help them with future proposals.

S.1424 Bailey/No Same AsGrowth plan to increase participation of MWBEs

This bill would require all contracting state agencies to develop a three-year growth plan that determines their proposed means of promoting MWBE participation, and to then submit it to the Governor and legislature as part of New York State’s yearly annual report. This report should also specify the number of actual contracts issues to MWEE’s for that year.

S.1824 Ryan/No Same AsMatching grant program for small businesses

This bill would establish a grant program to provide funds to small businesses who have been awarded phase one or phase two grants under the federal small business innovation research program. The grant program would be staged over three years, providing a matching grant of one hundred thousand dollars in year one, two hundred thousand in year two and five hundred thousand, in grants or equity, in year three.

S.1862 Ryan/A.3549 SternNew York state innovation voucher program

This bill would create the New York State “Innovation Voucher” program. Under the program, Innovation Vouchers would go directly to small businesses, to provide dollar-for-dollar matching funds to acquire expertise from colleges and universities, government laboratories and public research institutes. A public-private partnership would be formed, connecting small businesses with research and development facilities to create jobs and innovation in New York.

S.1873 Webb/No Same AsMWBE Maximum Number of Employees

This bill would clarify that the 300-maximum employee-limit under current law, should be reflective of

300 employees who work thirty or more hours per week, on average of the period of fifty-two weeks during declared state disaster emergencies. The bill would also allow for a break from employment for up to thirteen weeks without the fifty-two-week lookback period resetting.

Senate Republicans Sue to Force Court of Appeals Confirmation Vote

Senate Republicans have filed a lawsuit naming Senate Democrats, including all members of the Judiciary Committee, seeking to force a floor vote on the Governor’s nominee for Chief Judge of the state Court of Appeals. Judge LaSalle was rejected by the Judiciary Committee without submitting the nomination to the entire Senate. The lawsuit contends that the plain language of both the State Constitution and the Judiciary Law require a vote on the nomination by the entire Senate.

Senator Palumbo said:

The New York State Constitution is clear, Judicial nominations must be considered before the full State Senate. As such, the Judiciary Committee, no matter its size, serves only as an advisory body, providing ‘advice and consent’ to the entire Senate Membership. Justice LaSalle is entitled to an up or down vote by the full State Senate, not as a courtesy, but because the Constitution requires it.

DOH Updates COVID-19 Mask Guidance for Health Care Settings

The State’s Department of Health issued updated guidance on the recommended use of masks and face coverings for all healthcare settings including hospitals, nursing homes, adult care facilities, home healthcare and hospice agencies, diagnostic and treatment centers, as well as certain other health care providers.

Effective February 12, 2023, all personnel, regardless of COVID-19 vaccination status, in a healthcare setting (i.e., facilities or entities regulated under Articles 28, 36, and 40 of the Public Health Law) should wear an appropriate face mask in accordance with the federal Centers for Disease Control and Prevention (CDC) recommendations for infection, prevention and control.

The CDC continues to recommend the use of respirators or well fitting facemasks, referred to as source control, for everyone in a healthcare setting when COVID-19 Community Transmission Levels are high in the county of which the facility is located. Some exceptions are permitted in well-defined areas that are restricted from patient access. As of the time of this publication, 43 of New York’s 62 counties have high COVID-19 community transmission levels.

This updated guidance supersedes all previously issued related guidance on face masks and face coverings for COVID-19 related source control in healthcare facilities. Operators are advised to develop and implement a masking plan for staff and visitors to the facility. The guidance also strongly advises health care providers that remain outside of the Department’s regulatory authority, including private medical and dental practices, to also adhere to these COVID-19 infection prevention and control measures.

Adult care facilities in New York State are advised to follow the CDC’s community guidance and guidance for congregate living settings.

To view the Department’s press release on the updated mask guidance for healthcare settings, click here

Political Updates

City & State NY’s Weekly Winners and Losers here.

City & State NY’s 2023 Power of Diversity: Black 100 here.

Governor Hochul talks New York issues on PIX11 Morning News.

Bail battle looming in budget talks.

Q & A: New York Assembly Speaker Heastie on housing, SUNY & CUNY tuition hikes, raising taxes.

Leaders of 4201 Schools Association urge Gov. Hochul to provide more funding for special-needs schools.

Syracuse.com Editorial Board Opinion: Hochul budget goes big on everything but tax relief.

Medicaid rolls swell as 8 million New Yorkers get coverage at expected record- price of almost $35B.

Mayor Adams ends COVID vaccine requirement for NYC municipal workers.

Coming Up

The Board of Regents will hold their next meeting on February 13 and 14.

The Public Service Commission will hold its next meeting on February 16.

The Assembly will hold a public hearing on the status of mandated reporters of child abuse or maltreatment on February 16.

The Commission on Ethics and Lobbying in Government will hold their next meeting on February 28.