Plugged In @ Hinman Straub – September 6, 2019

What’s Inside

  • Governor Announces Administration Appointments
  • Additional Gun Control Bills Signed
  • DFS Issues Guidance to Insurers Regarding Underwriting for Opioid-Reversal Drugs
  • Attorney General Announces Antitrust Investigation of Facebook
  • Governor Signs Bill Extending Statute of Limitations for Domestic Violence Civil Suits
  • Governor Proposes Changing Presidential Primary Election Day
  • Changes to Motor Vehicle Lease Contract Fees
  • Updates, Reminders, and Links
  • Coming Up

Governor Announces Administration Appointments

Governor Cuomo announced a series of administration appointments filling a variety of staff vacancies.

  • Kumiki Gibson Counsel to the Governor – Originally from Buffalo, Ms. Gibson brings to the Executive Chamber extensive legal experience, working at the highest levels of government, including over two years as Counsel and three years as Associate Counsel to Vice President Al Gore. Previously, Ms. Gibson has served as Senior Vice President and Counselor to the President at the National Urban League; Commissioner of the New York State Division of Human Rights; Vice President and General Counsel at Johns Hopkins University; a partner at the Washington, D.C. law firm Williams & Connolly; and a prosecutor for the U.S. Department of Justice’s Civil Rights Division. Most recently, she served as Senior Advisor and General Counsel for the New York State Higher Education Services Corporation.
  • Elizabeth Garvey Special Counsel and Senior Advisor to the Governor – In this role, Ms. Garvey will be the counsel responsible for the Governor’s budget, legislative and policy priorities. Since January 2018, Ms. Garvey has served as Senior Vice Chancellor for Legal Affairs and General Counsel for the State University of New York. She served on the Chancellor’s Cabinet as the legal adviser to the SUNY System Administration and provided legal advice and opinions for the Board of Trustees, Chancellor, and leadership. Prior to her position at SUNY, Ms. Garvey served as Counsel for the New York State Senate Majority, managing the team of legal and support staff responsible for the legal and policy review of all legislation before the Senate. Prior to that, she served as First Assistant Counsel to the Majority for the New York State Senate, and also held the role of Assistant Counsel to the Majority.
  • Jim McDonough Director of the Division of Veterans’ Services – Mr. McDonough previously served as the Director of the New York State Division of Veterans’ Affairs from 2007 to 2010 where he was responsible for providing quality services and benefits to the nearly one-million veterans and families across the state. Mr. McDonough will continue to serve the Governor as the primary advocate for all veterans issues affecting access to federal, state, and local benefits and programs. Prior to joining the administration, he served as the Managing Director of the Institute for Veterans and Military Families at Syracuse University. Prior to that, he served as a Senior Fellow for Veterans Affairs at the New York State Health Foundation and President and Chief Executive Officer of the Veterans Outreach Center in Rochester. In addition to his civilian professional career, Mr. McDonough has served in key military assignments, including as a Senior Operations Officer during Operation Iraqi Freedom; a Battalion Commander in the 3rd Battalion, 43rd Air Defense Artillery Regiment; a Joint Operations Officer for the Joint Staff in Washington, D.C.; an Operations Officer and Executive Officer for the 1st Battalion, 43rd Air Defense Artillery Regiment; and as a speechwriter to the Secretary of the Army. McDonough retired as a Colonel in 2007.
  • Jesse Campoamor Deputy Secretary for Intergovernmental Affairs – Previously, he served as Director of Community Affairs in the Office of the New York City Comptroller and as Political Organizer for 1199SEIU, New York, where he co-founded the “Purple Gold” program meant to develop the next generation of leaders in the labor movement. He received a Bachelor’s of Arts Degree from Lafayette College.
  • Simonida Subotic Deputy Secretary for Economic Development – Most recently she served as a Principal for the Boston Consulting Group where she was responsible for leading business development efforts, managing teams, and advising both public and private sector clients. Previously, in addition to consulting roles at the World Bank Group and the United Nations, she also served as a Director of Operations at Codecademy.
  • Jeremy Shockett Deputy Secretary for Public Safety – Previously, Mr. Shockett served as the First Deputy Chief of the Trial Division for the King’s County District Attorney’s Office, where he supervised over 400 attorneys and their chiefs across 11 bureaus covering Homicide, Trial Zones, Domestic Violence, Sex Crimes, Vehicular Crimes, Human Trafficking and Hate Crimes. Prior to that, he served as an Executive Assistant District Attorney and an Assistant District Attorney for the Bronx County District Attorney’s Office, as well as a Special Assistant U.S. Attorney for the Eastern District of New York.
  • Matthew Saal Senior Advisor for Communications – Previously, Mr. Saal worked for four years as Creator and Executive Producer at Bloomberg LP where he produced “The David Rubenstein Show: Peer to Peer Conversations,” which featured behind the headlines interviews with top newsmakers including Warren Buffett and Bill Gates. Prior to that, he served for seven years as Creator and Executive Producer at MSNBC where he created and executive produced primetime live television shows including “The Rachel Maddow Show,” “Politics Nation” and “Verdict with Dan Abrams.” He has also served as Senior Broadcast Producer at NBC News on “Weekend Nightly News with Lester Holt.” 
  • Colleen Curtis Senior Director of Digital Strategy and Social Media – More recently, she served as Senior Vice President for Consumer, Social and Digital Publicity at Starz Entertainment and the Director of Digital Content at the Executive Office of the President under President Obama where she managed oversight and content for multiple online platforms. Ms. Curtis previously served as Editorial Director of Women’s & Lifestyle Programming at AOL, where she launched 15 websites that reached more than 20 million Americans each month. In addition, Curtis has held numerous leadership roles in media in the United States and overseas, including senior editorial positions at ABC’s Good Morning America, the New York Daily News, and the National Post.
  • Jeremy M. Goldberg Deputy Secretary for Technology and Innovation for the State of New York – Most recently, Jeremy served as Deputy CTO and Managing Director of NYCx in the New York City Mayor’s Office of the Chief Technology Officer (MOCTO). He led the successful creation of an award-winning portfolio of initiatives that focuses on bold ideas and breakthroughs in the way we interact with and influence emerging technologies for the public good. During his time in San Francisco, he served as Director of Civic Innovation Partnerships in the Mayor’s Office of Civic Innovation, where he led the growth of Startup-in-Residence, a 16-week program that connects government departments with startups to address critical needs via innovative products and services, and Civic Bridge, public private partnership program that enlists pro-bono private sector volunteers to work on critical city issues alongside city staff. Prior to that, he served as Deputy Chief of Staff for Civic Innovation in San Jose, California. 
  • Edgar Santana Director of Downstate Regional Affairs – Mr. Santana previously served as Director of Political and Governmental Affairs for the Laborers Eastern Region Organizing Fund. He previously worked as the Construction Marketing Representative for the Eastern Region Laborers-Employers Cooperation and Education Trust. Earlier in his career, Mr. Santana was the Deputy Executive Director for the New York State Democratic Committee and the Northeast Political Director for Hillary Clinton for President. Mr. Santana also formerly served as a Trustee for the Yonkers Board of Education and is Co-Chair of the Westchester County Census 2020 Complete Count Committee.
  • Brandon Hicks Director of African American Affairs – Most recently, he served as the National Organizer for the National Action Network where he developed a national campaign to advance special prosecutor legislation and organized diverse campaigns surrounding police brutality, marijuana legalization and criminal justice reform.
  • Maria LoGiudice Assistant Deputy Secretary for Public Safety – She previously served as the Managing Director of Budget and Fiscal Studies for the New York State Senate Finance Committee focusing on financial analysis surrounding public protection, including corrections, criminal justice services, homeland security and emergency services, State Police, victim services and local government issues.
  • Molly Reilly Assistant Secretary for Upstate Intergovernmental Affairs – Ms. Reilly most recently served as the Mayor of Sackets Harbor for two years. She also served as a professional educator, during which time Governor Cuomo selected her as an Empire State Excellence in Teaching Awardee.

Governor Cuomo said:

“New York is poised to continue our upward momentum after concluding the most productive legislative session in modern political history. I am proud to welcome this group of talented individuals to our administration and look forward to the work we will get done together on behalf of the people of this state.”

Additional Gun Legislation Signed

The Governor signed two bills designed to improve upon information available to law enforcement officials to help evaluate applications for firearm licenses.

  • Access to Home State Records (2438/A.1213) – Currently in New York, when an application for a firearm license is submitted, the mental health records of the applicant are reviewed by the licensing officer. According to the sponsor, this bill will close a loophole in the mental health records review process by firearm licensing officers in instances where an applicant’s permanent address is out of state. The bill specifically requires an inquiry for an applicant’s mental health records from the State of their permanent residence and, where required, a waiver of confidentiality from the applicant for the release of those records. The National Instant Criminal Background Check System (NICS) only flags individuals who have been involuntarily committed and does not otherwise consider the mental health status of an individual. This bill takes effect on November 2, 2019.

 Access to Information on Firearm License Applications (6160/A.7739) – Currently in New York, pistol permit holders and applicants are able to request their status as a permit holder and the information contained within their application be exempt from public disclosure laws. The Freedom of Information Law (FOIL) exemption for permit holders and applicants was added as part of the SAFE act in 2013, in response to controversy over news organizations printing the names and addresses of permit holders obtained via FOIL request. This legislation relaxes the FOIL exemption for permit holders and applicants by allowing law enforcement access to such information upon request. The information is not otherwise considered public record and can only be obtained by state or local law enforcement. This bill takes effect immediately.

Governor Cuomo said:

“While Washington stands idly by and allows a gun violence epidemic to tear our nation apart at the seams, causing more and more families to grieve and children to grow up without their parents, New York is leading the way and enacting smart, common sense gun safety laws to help prevent these needless tragedies. These measures continue to build on our nation-leading gun laws by helping keep guns out of the hands of dangerous individuals and providing law enforcement with the tools and knowledge they need to keep our communities safe from situations that may involve a deadly firearm.”

DFS Issues Guidance to Insurers Regarding Underwriting for Opioid-Reversal Drugs

The Department of Financial Services (DFS) issued guidance to insurers regarding underwriting in life insurance, disability income insurance, and long-term care insurance for opioid-reversal drugs such as naloxone. According to the guidance letter, DFS initiated an investigation following reports that insurers were denying applications for insurance based on an applicant having been issued a prescription for an opioid-reversal drug. After completion of their investigation, DFS concluded the following:

  • An insurer may not deny applications for life insurance, disability income insurance, and long-term care insurance solely based on the applicant having been issued a prescription for an opioid-reversal drug such as naloxone. This practice violates Insurance Law § 4224.
  • Any insurer that has improperly denied an applicant for life insurance, disability income insurance, and long-term care insurance based on the applicant having been issued a prescription for an opioid-reversal drug should immediately reach out to provide the applicant the opportunity to re-apply for coverage based on an underwriting assessment that complies with the New York Insurance Law.
  • Any record or report made to a third-party consumer reporting agency of an insurance denial based on an improper underwriting assessment due to an applicant having been issued a prescription for an opioid-reversal drug should be corrected or removed.

DFS Superintendent Linda Lacewell said:

“Denying life insurance for medical professionals solely based on carrying a prescription for an opioid-reversal drug such as naloxone is a violation of New York insurance law. To deny benefits to our first responders is counterproductive to everything we do. This guidance not only protects our nurses, firefighters, police officers, emergency medical technicians, paramedics and overdose victims – it also safeguards the families and loved ones of pre-hospital caregivers and provides peace of mind through access to insurance.”

Attorney General Announces Antitrust Investigation of Facebook

Attorney General Letitia James today released the following statement confirming the bipartisan coalition she’s leading investigating social media giant Facebook for antitrust issues:

“Even the largest social media platform in the world must follow the law and respect consumers. I am proud to be leading a bipartisan coalition of attorneys general in investigating whether Facebook has stifled competition and put users at risk. We will use every investigative tool at our disposal to determine whether Facebook’s actions may have endangered consumer data, reduced the quality of consumers’ choices, or increased the price of advertising.

Joining Attorney General James on the leadership team investigating Facebook are the attorneys general of Colorado, Florida, Iowa, Nebraska, North Carolina, Ohio, Tennessee, and the District of Columbia. The investigation focuses on Facebook’s dominance in the industry and the potential anticompetitive conduct stemming from that dominance.”

Governor Signs Bill Extending Statute of Limitations for Domestic Violence Civil Suits

Governor Cuomo signed legislation (S.2416/A.1945) to increase the statute of limitations for civil suits related to injury caused by domestic violence to two years. Under current law, civil suits for domestic violence must be initiated within one year after the incident.

Governor Cuomo said:

“The trauma of domestic violence can take years to overcome, and frankly one year isn’t enough time for survivors to come to terms with what happened to them and to take action against their attacker. This new measure will help address this injustice, providing victims more time to file a lawsuit and ensuring people who are guilty of domestic violence are held accountable.”

Governor Proposes Changing Presidential Primary Election Day

According to a report, the Governor has engaged legislative leaders to discuss the possibility of moving New York’s presidential primary date to February. The Governor is interested in also changing the state legislative primary date to coincide with the February presidential primary. Last session, the legislature passed a bill that consolidated the federal (non-presidential) and state primary dates, moving the state primary date to June.

In order to pursue this, the Governor would have to veto a recently delivered bill (A.8176/S.6374) that would officially set the presidential primary date in April and the legislature would have to return to pass a new bill. An early primary would be considered an advantage for the incumbent. Legislative leaders, through spokesmen, have denied considering the move. The Governor discussed his reasons for wanting the change during a Friday radio interview.

Changes to Motor Vehicle Lease Contract Fees

Governor Cuomo signed legislation (S.4019A/A.2078) to prohibit companies from charging early termination fees on motor vehicle lease contracts if a customer has passed away before the end of the contract. Similar prohibitions are already in place for other contracts like phone, television, internet, energy and water service providers.

Updates, Reminders, and Links

City & State NY’s Winners and Losers here.

City & State NY’s Labor Power 100 here.

Former Senator Bill Larkin passed away at age 91.

Comptroller’s office releases results of various audits.

Amazon coming to upstate?

Coming Up

The Board of Regents will hold its next meeting on September 9 and 10.

The Senate Codes Committee will hold a public hearing on Implementation of Discovery Reform (S1509 – Part LLL) on September 9.

JCOPE will hold its next meeting on Tuesday, September 10.

A Joint Legislative Commission on Rural Resources and Assembly Standing Committee on Local Governments public hearing on rural broadband will be held on September 17.

The PSC will hold its next meeting on Thursday, September 19.

The Senate Committee on Internet and Technology will hold a public hearing to hear from stakeholders within the “Gig Economy” – to identify the needs of workers and employers operating outside the traditional employee-employer dynamic and determine possible legislative avenues – including S.6538 – The Dependent Worker Act’s impact on the workforce on October 16.

The Senate Codes Committee will hold public hearings on Policing (S3695) on October 17 and October 24.

The Senate Committee on Higher Education will hold a series of public hearings regarding the cost of public higher education. The hearing will take place on October 24, October 28, October 30, and November 1.

Joint Senate Task Force on Opioids, Addiction and Overdose Prevention will hold a public hearing to hear from stakeholders on strategies for reducing overdoses, improving individual and community health, and addressing the harmful consequences of drug use on November 15.