Plugged In @ Hinman Straub

June 11, 2021

What’s Inside

  • 2021 Legislative Session Concludes
  • Senate Confirmations
  • Assembly Spending Resolutions
  • Senate Spending Resolutions
  • Reminders and Links
  • Coming Up

2021 Legislative Session Concludes

The 2021 legislative session wrapped up this week with both houses completing their work on Thursday and in the early morning hours of Friday respectively. Notable for being in session in hybrid form since January, and beginning the year with a multi-billion dollar budget shortfall, later alleviated by federal coronavirus relief, and now concluding with a embattled Governor and the passage of hundreds of bills by both houses.

The end of session came without the typical three way negotiations on big issues leading to it being characterized as anti-climactic. One deal, which ultimately fell apart would have given the legislature a needed message-of-necessity to fix an error in a parole reform bill, and given the Governor another bill splitting the leadership of the MTA into two positions. Ultimately the Senate departed with a pledge to return this summer once a deal could be reached on parole reform and the MTA changes desired by the Governor. Both houses returned to work this session passing a typical number of bills after last year was truncated by the pandemic. The Senate passed 1,559 bills and the Assembly passed 1,054. 892 bills passed both houses, which is a larger than usual total of two-house bills.

Criminal Justice

The Senate and Assembly passed the “less is more” act which limits the circumstances under which people subject to community supervision may be re-incarcerated for violations of the terms of community supervision and capping the length of any such re-incarceration.

The “clean slate” act did not pass both houses due to a drafting error that could not be fixed with enough time to properly age the bill without a message-of-necessity from the Governor. A deal which would have provided a message-of-necessity in exchange for passing a bill to split the MTA leadership into two positions fell apart and ultimately neither passed both houses.

Single-payer

Neither the Assembly or Senate were able to pass the New York Health Act, which would have imposed a government run single-payer healthcare system in New York and would have supplanted Medicare and private insurance. The bill would have led to the largest tax increase in the nation’s history, with estimates of at least $250 billion in new taxes to cover the cost of the program. Advocates pushed hard for the bill in the waning days of session which is co-sponsored by a majority of members in each house. Proponents of the bill are already beginning to lay the groundwork for next year.

Sexual Harassment

A bill that would prohibit liquidated damages provisions in confidential settlements of harassment and discrimination claims failed to pass both houses. The Senate passed the bill in late May, but, it failed to come to a vote in the Assembly.

Adult Survivors Act

Another bill passed by the Senate – but not by the Assembly –  is the Adult Survivors Act. Modeled on the Child Victims Act, the bill would have created a one-year window for the revival of otherwise time-barred civil claims arising out of sexual offenses committed against people who were 18 or older at the time of the conduct. The bill passed unanimously in the Senate.

Gun Control

The Assembly and Senate were able to come to some consensus on gun control legislation. Both houses passed bills that would ban “ghost guns” which are unfinished frames or receivers that can be manipulated to create a workable firearm. The legislature also banned aftermarket colorization of firearms that are intended to mimic toy guns.

Environment

Advocates were disappointed by the legislature’s inaction on the Climate and Community Investment Act which would have imposed a tax on carbon. The bill would have resulted in an estimated 55 cent tax on each gallon of gasoline sold and a 25-30 percent increase in home heating costs. The Senate passed a moratorium on cryptocurrency mining, but, after opposition surfaced from prominent labor unions such as IBEW and the Building and Construction Trades Council the Assembly did not pass the bill. A bill that would have imposed a clean fuel standard did not pass either house, nor did another measure to establish an extended producer responsibility program for paper and packaging.

Antitrust

The Senate passed a bill to alter the state’s antitrust laws to require a pre-merger notification requirement for businesses and create a new European style abuse of dominance standard. The Assembly did not take up the bill.

Impeachment Funding

Both houses passed a bill that would provide funding for an impeachment investigation and proceeding in the event one takes place.

Senate Confirmations

The Senate confirmed all of the Governor’s nominations after some initial back and forth on Public Service Commission nominees and advocate pushback on a Court of Appeals nominee. The Senate confirmed the following nominees:

Court of Appeals

Madeline Singas

Antony Cannataro

Court of Claims

Damaris E. Torrent, Esq.

Rhonda Ziomaida Tomlinson, Esq.

Philippe Solages, Esq.

Ramon E. Rivera, Esq.

Gary Francis Miret

Hon. Linda Kelly Mejias

Hon. Debra L. Givens

Alicia Gerez

Administrative Review Board for Professional Medical Conduct

Carmela Torrelli, Member

Richard Milone, MD, Member

Authorities Budget Office

Jeffrey H. Pearlman Esq, Director

Behavioral Health Services Advisory Council

Roxanne Marie Lewin, MD, Member

Sabina Lim, MD, Member

Kathy Gardini, Member

Diane Blohm, Member

Patricia Marsik, Member

Judge Robert T. Russell, Member

Board of Directors Great Lakes Protection Fund

Judy Drabicki, Member

Board of Visitors

Marlene L. Roll, Member, Board of Visitors for the New York State Home for Veterans and Their Dependents at Batavia

Angela Paul, Member, Board of Visitors for the Taconic Developmental Disabilities Service Office

Charlene Ann Hrachian, Member, Board of Visitors of the Capital District Psychiatric Center

Philip E. McDowell, Member, Board of Visitors of the Central New York Forensic Psychiatric Center

Ronald Wright, Member, Board of Visitors of the Central New York Forensic Psychiatric Center

Sherilyn Coleman-Ferrer, Member, Board of Visitors of the Finger Lakes Developmental Disabilities Services Office

Michael Kritkausky, Member, Board of Visitors of the Greater Binghamton Health Center

Jessica B. Brito, Member, Board of Visitors of the New York City Children’s Center

Michele D. Rampino, Member, Board of Visitors of the South Beach Psychiatric Center

Christian Taylor, Member, Board of Visitors of the St. Lawrence Psychiatric Center

Steven Nelson, Member, Board of Visitors of the Western New York Children’s Psychiatric Center

Capital District Transportation Authority

Joseph M. Spairana Jr., Member

Peter D. Wohl, Member

Central New York Regional Transportation Authority

Neil Milcarek-Burke, Member

Julius L. Lawrence Jr., Member

Monte Flynn, Member

Anthony Q. Davis, Sr., Member

Central New York State Park, Recreation, and Historic Preservation Commission

Bethaida Gonzalez, Member

Lawrence Carpenter, Member

Civil Service Commission

Lani Jones, Commissioner

City University Construction Fund

Alan Lee Van Capelle, Trustee

Commission of Human Rights

Licha M. Nyiendo, Commissioner

Continuing Care Retirement Community Council

Herbert H. Friedman, Member

Madeline Lee, Member

CUNY Board of Trustees

Brian Obergfell, Trustee

Jill O’Donnell-Tormey, PhD, Trustee

Mayra S. Linares-Garcia, Trustee

Kenneth M. Sunshine, Trustee

Robert F. Mujica, Member

Henry Berger, Trustee

Dr. Herminia Palacio, Trustee

Angelo V. Vivolo, Trustee

Finger Lakes State Park, Recreation, and Historic Preservation Commission

Nicolette Wagoner, Member

Sharon L. Miller, Member

Gateway Development Commission

Marie Therese Dominguez, Commissioner

Steve M. Cohen, Commissioner

Jamey A. Barbas, Commissioner

Genesee State Park, Recreation, and Historic Preservation Commission

Gail Serventi, Member

Higher Education Service Corporation

Andrew Sherman, Member

Industrial Board of Appeals

Sandra Abeles, Member

Justice Center Advisory Council

Megan C. O’Connor-Herbert, Member

Long Island State Park, Recreation, and Historic Preservation Commission

Linda Armyn, Member

Bryan Erwin, Member

Metropolitan Transportation Authority

Harold Porr, III, Member

Gerard Bringmann, Member

Minority Health Council

Mill Etienne, MD, Member

New York Convention Center Operating Corporation (Javits)

Quenia Abreu, Director

Joseph F. Chan, Director

New York State Board of Elections

Michael L. Johnson, Chief Enforcement Counsel

New York State Energy Research and Development Agency

Richard L. Kauffman, Member

Sarah McKeown Singman, Member

Sherburne B. Abbott, Member

Frances Ann Resheske, Member

Arturo Garcia-Costas, Member

Jay L. Koh, Member

New York State Environmental Facilities Corporation

Adam Zurofsky, Director

New York State Gaming Commission

Christopher Robert Riano, Member

Peter J. Moschetti. Jr., Member

New York State Housing Finance Agency

Sarah McKeown Singman, Member

Bethaida Gonzalez, Member

New York State Urban Development Corporation

Sharon Anne Miriam Glied, Director

Michael K. Rozen, LLP, Director

Office of Mental Health

Swarnjeet Bhatia, Member

Olympic Regional Development Authority

Frank Cardinale, Member

Palisades Interstate Park Commission

Mariko Silver, Member

Lisa Garcia, Member

Port Authority of New York and New Jersey

Steven M. Cohen, Commissioner

Power Authority of the State of New York

Bethaida Gonzalez, Trustee

Public Employment Relations Board

Rosemary A. Townley, Member

Public Health and Health Planning Council

Roxanne Marie Lewin, MD, Member

Sabina Lim, MD, Member

Jo Ivey Boufford, MD, Member

Kevin D. Watkins, MD, Member

Nilda I. Soto, Member

Patricia Yang, DrPH, Member

Public Service Commission

James E. Alesi, Commissioner

Rory M. Christian, Commissioner

David J. Valesky, Commissioner

John Maggiore, Commissioner

Rochester-Genesee Regional Transportation Authority

Terrence Rice, PE, Member

Daniel Kuntz, Member

Donald Jeffries, Member

Judith Ahlfeld Seil, Member

Susanne Carlock, Member

Brian Young, Member

Saratoga-Capital District State Park, Recreation, and Historic Preservation Commission

Clifford Oliver Mealy, Member

State Athletic Commission

Lino Garcia, Commissioner

State Board For Historic Preservation

Gretchen S. Sorin, PhD, Member

State Camp Safety Advisory Council

Randolph R. DeFrank, Member

Jaime Sirkin, Member

State Commission of Correction

Yolanda Canty, Member

State Council on the Arts

Catherine Schwoeffermann, Member

Lawrence Howard Cook, Member

Aaron Albert Flagg, Member

Andrea Louie, Member

Carolee Fink, Member

David Alan Miller, Member

Adriana Maria Trigiani, Member

Monica Angle, Member

James Lemons, Member

State Insurance Fund

Kenneth R. Theobalds, Member

State of New York Mortgage Agency

Havidan Rodriguez, Director

State Police

Kevin P. Bruen, Superintendent

State Public Transportation Safety Board

Frank W. Kobliski, Member

State University Construction Fund

Kisha Santiago-Martinez, Member

Stewart Airport Commission

Heather Howley, Member

SUNY Board of Trustees

Joseph Warren Belluck, Trustee

Eunice A. Lewin, Trustee

Edward M. Spiro, Trustee

Eric Corngold, Trustee

Stanley S. Litow, Trustee

Cesar A. Perales, Trustee

Courtney E. Burke, Trustee

SUNY College of Environmental Science and Forestry

Oluwole McFoy, Member

Tax Appeals Tribunal

Cynthia M. Monaco, Commissioner

Thousand Islands State Park, Recreation, and Historic Preservation Commission

Anastasia Praatt, PhD, Member

Lauren Piche, Member

Veterans’ Services Commission

Cheryl Dupris, Member

Assembly Spending Resolutions

The Assembly adopted their end of session spending resolutions that outline an itemized list of grantees for the 2021-22 state fiscal year.

Assembly Resolution E445 pertaining to the New York State Capital Assistance Program here.

Assembly Resolution E446 pertaining to grants in aid for services and expenses of the education department, human services organizations, criminal justice organizations and municipal entities, health programs and providers, veterans’ organization services, older adults programs, the Joseph P. Dwyer Veteran Peer-to-Peer Pilot Program, and the Edward Byrne Memorial Grant here.

Senate Spending Resolutions

The Senate adopted their end of session spending resolutions that outline an itemized list of grantees for the 2021-22 state fiscal year.

Senate Resolution R1244 pertaining to school districts, public libraries, and not-for-profit institutions here.

Senate Resolution R1245 pertaining to grants-in-aid to certain school districts here.

Senate Resolution R1246 pertaining to grants-in-aid to certain not-for-profit arts and cultural organizations here.

Senate Resolution R1247 pertaining to school based health centers here.

Senate Resolution R1248 pertaining to the New York State Economic Development Assistance Program here.

Reminders and Links

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

City & State NY’s 2021 Albany Power 100 here.

Coming Up

A Joint Senate/Assembly public hearing on the Community Services Block Grant (CSBG) Program is scheduled for June 16.

The Public Service Commission will hold its next meeting on June 17.

The Assembly will hold a public hearing on integrating services offered by the Office of Addiction Services and Supports and the Office of Mental Health on June 21.

JCOPE will hold its next meeting on June 29.

The Board of Regents will hold their next meeting on July 12 and 13.