Plugged In @ Hinman Straub – March 15, 2019

What’s Inside

  • Legislature Passes One-House Budget Resolutions
  • Governor Declares No Budget Without Criminal Justice Reforms
  • Attorney General Announces Agreement on Double Jeopardy Bill
  • Former Assembly Speaker Mel Miller Passed Away
  • Meeks Elected Queens Democratic Party Chairman
  • Nassau and Suffolk Both Plan to Opt Out of Recreational Marijuana
  • Budget Director Doubtful on Prospects of Downstate Casino Expansion
  • Updates, Reminders, and Links
  • Coming Up

Legislature Passes One-House Budget Resolutions

Negotiations are now set to begin on a final budget, due by April 1, now that the Assembly and Senate have both passed one-house budget resolutions outlining their respective priorities. Both houses restored the Executive’s reduction of Medicaid spending contained in the 30 day amendments. Both houses also provided an additional $1.6 billion in education funding. The Assembly’s plan would add three new tax brackets for those earning more than $5 million per year, a pied-a-terre tax on second home purchases of $5 million or more, and an additional transfer tax on conveyances of $5 million or more. The Senate also proposed a pied-a-terre tax. A senior aide to the Governor criticized the proposals as “fantasy-land”, not grounded in fiscal realities.

Robert Mujica, the Governor’s Budget Director said:

“The Senate one house budget is wholly incredible. The Senate’s plan would increase spending by nearly $3.5 billion, compared to the Executive Budget while identifying no material spending cuts or new revenues. At least the Assembly plan, while raising spending, proposes new taxes to partially pay for the additions (which are not acceptable to us and is still billions out of balance). Under the Senate proposal, the General Fund would be out of balance by $3.5 billion in FY 2020. As part of the Senate plan, they’re promising $40 million to Nassau County for tax reassessments. It is another obvious political charade. It is like the $3 billion New York was supposedly giving to Amazon. It never existed. There is no funding for Nassau’s tax assessment, there is no $3.5 billion of extra spending as the Senate promises its supporters. The continued creation of these false political expectations makes the reality of an on-time, responsible government budget virtually impossible.”

Governor Declares No Budget Without Criminal Justice Reforms

In an op-ed published by the Daily News, Governor Cuomo pledged that he would not sign a budget that does not include criminal justice reforms. Issues specifically mentioned were changes to the bail system, the right to a speedy trial, and the discovery process. The Governor argues that our current bail system disproportionately affects the poor who cannot afford bail and as a result are jailed until trial, which in some cases has taken as long as months or years to occur. The Governor advocates for a cashless bail system that would release those charged with crimes on their own recognizance or under a supervised release program, with prosecutors having the ability to petition the court in cases where the defendant is a risk to society or poses a flight risk. He also suggests the constitutional right to a speedy trial requires action to make certain those charged with crimes are afforded timely trials. Finally, the Governor declares the need to change the discovery process arguing that New York is one of only ten other states that allows prosecutors the ability to withhold evidence up until the day of trial.

The Governor said:

“The presumption of innocence is one of the cornerstones of the criminal justice system in the United States. This bedrock concept has been ratified by the Supreme Court; it is codified in the UN’s Universal Declaration of Human Rights. Even if your legal training is limited to watching cop shows on TV, you can quote this principle: a person is innocent until proven guilty… In New York, we believe in a more just society, and we know what we must do to achieve it. That’s why this year I will not sign a budget without criminal justice reform. Failing to take action would be criminal.”

Attorney General Announces Agreement on Double Jeopardy Bill

Attorney General Tish James announced this week that she and the legislature have come to an agreement on legislation to close the double jeopardy loophole. The bill is designed to allow New York prosecutors to bring charges for state crimes committed in New York against anyone who is granted a presidential pardon for federal crimes. The double jeopardy clause of the fifth amendment of the constitution was included to prevent a citizen from being charged and prosecuted twice for the same crime. No details on how the bill will accomplish the goal have been released.

Former Assembly Speaker Mel Miller Passed Away

Former Assembly Speaker Mel Miller, 79, passed away in Manhattan of complications from lung cancer. Miller served in the Assembly for 21 years and rose to the speakership in 1987 where he stood up to Governor Mario Cuomo, a fellow democrat, by fighting to enact a larger than proposed income tax cut. Miller advocated for education and social issues, opposed reinstating the death penalty, and staunchly opposed the Governor’s effort to significantly increase penalties on drug dealers during the height of the crack cocaine epidemic in New York City. After his time in the Assembly, Miller went on to become a successful lobbyist.

Meeks Elected Queens County Democratic Party Chair

Congressman Gregory Meeks was voted unanimously to replace Former Representative Joe Crowley as Chairman of the Queens County Democratic Committee. “I supported Greg’s candidacy to replace me as County Leader,” Crowley said. “I think he will do a great job of building on all our accomplishments in electing competent, ethical elected officials that are reflective of the diversity of our great borough of Queens. Congressman Meeks is a coalition builder and has the interest of working families in his heart and mind.”

Nassau and Suffolk County Plan to Opt Out of Recreational Marijuana

This week, both the Nassau and Suffolk County Executives argued that their respective counties should opt out of any potential recreational marijuana law the state may enact. Speaking to an audience at Nassau Coliseum on Tuesday, County Executive Laura Curran said “Let me say it again, no legalized recreational marijuana sales in Nassau County. This is not the time.” Suffolk County Executive Steve Bellone, joined her later that week in opposing the measure, for now, suggesting that he would push for a one year moratorium on recreational marijuana sales in the county to give them time to identify issues and solutions and determine if the county wished to move forward with recreational sales.

Budget Director Doubtful on Prospects of Downstate Casino Expansion

Robert Mujica, the Governor’s Budget Director, expressed doubt about the idea that New York could accelerate the opening of downstate casinos despite a recent push to do so in the wake of MGM’s purchase of Empire City Casino in Yonkers. Mujica said that even if the state could accelerate the issuance of licenses, it would not be able to afford the $300 million penalty for violating the seven year exclusivity arrangement with upstate casinos. The idea of downstate casinos in general has also met with some hesitancy from the Assembly Speaker Carl Heastie.

Updates, Reminders, and Links

City & State NY’s weekly Winners & Losers here.

State to launch new school funding transparency website.

REBNY outlines issues with proposed pied-a-terre tax.

Cuomo says Assembly doing the teachers union bidding in opposing property tax cap.

A 227-year-old peace pipe-tomahawk given to a Seneca chief by George Washington is returning to Seneca land.

Remington Arms laying off 300 workers.

HBO to close Long Island facility.

Coming Up

The Commissioners of the State Board of Elections will meet on March 19.

The legislature will hold a joint public hearing on the effectiveness of the state’s transit networks in Syracuse on March 22nd.

JCOPE will hold its next meeting on March 26th

The Board of Regents will next meet on April 8 and 9.

Senate Higher Education Committee will hold a public hearing to explore ways to provide oversight of for-profit schools.

The Public Service Commission will hold its next meeting on April 18.