NYAPRS Note: This comes to us courtesy of NYAPRS Board member Matthew Pettitte. In the waning days of the 2021 Legislative Session, NYS legislators are considering action on several bills supported by NYAPRS and our friends at CAIC, the coalition that led the way to passage of the Humane Alternatives To Long-Term (HALT) Solitary Confinement Act, namely the Elder Parole and Clean Slate bills; also a bill that would legally bar police officers from using lethal force unless there is no other option. People with mental health challenges and/are BIPOC are disproportionately impacted. Look for more details in the next day or two.
10 Issues To Watch As The Legislative Session Enters The Homestretch
By POLITICO New York Staff June 1, 2021
ALBANY — The final days of this year’s legislative session may be less dramatic than in the past, but lawmakers still have lots to deal with before June 10, including legislation on the hot-button topic of police reform and the continued aftermath of the scandals that have enveloped Gov. Andrew Cuomo’s administration.
The Capitol’s continued closure to the public has muted the usual end-of-session buzz and removed some of the public drama that usually accompanies the end of session. But it would be a mistake to conflate the relative quiet with inactivity.
Here’s a look at some of the topics on the table in the next two weeks:
1) Police reform: Democrats in both houses say they are eager to build on a slate of police reforms they passed this time last year, but its still unclear what path that push might take. Attorney General Tish James has backed a bill that would legally bar police officers from using lethal force unless there is no other option. It’s a manifestation of reforms she promised to pursue following a grand jury’s decision not to indict any of the police officers involved in the death of a Rochester man who was experiencing a mental health crisis earlier this year. Lawmakers say it is under consideration, but leadership has so far not made any commitments to its passage this session. As of last week, 10 (of nearly 500) police agencies had not submitted reform plans to the state, which could result in a withholding of state funding, per the budget language lawmakers approved in April. — Anna Gronewold
2) Parole: Senate Majority Leader Andrea Stewart-Cousins told WCNY’s the Capitol Pressroom that she backs reforms to the state’s parole system. “Yes, we punish the criminals, but (make sure) that the punishment fits the crime,” Stewart-Cousins said. “And that you don’t continue to pay for the crime long after you’ve done the time.” Criminal justice advocates say the electorate is also in broad support of changes to the system.
Some of the options this year include the Elder Parole Act, which would give inmates an automatic parole hearing if they are over the age of 55 and have served 15 years of their sentence. Another, known as “Clean Slate” legislation, would seal some felony and misdemeanor records for up to 2 million individuals in New York who have finished their sentences. — Anna
3) Gun control: The coalition of city and suburban Democrats that has dominated the Legislature since the beginning of 2019 has regularly made gun control a top priority. And with violent crime soaring in cities like Rochester and Albany, it’s likely there will be a push to revisit the issue.
Advocates have been seeking a stronger ban against made-at-home “ghost guns.” There’s also legislation that attempts to give the state a path for holding firearms manufacturers liable for some deaths caused by their products. — Bill Mahoney
4) Adult Survivors Act: The creators of the 2019 Child Victims Act, which opened a look-back window for victims abused as children, are hoping to expand the measure to adult survivors of abuse. A bill in play this year would allow anyone who suffered abuse when they were 18 or older a full year in which to file a civil claim, regardless of how long ago the abuse happened and even if the statute of limitations has expired.
The Senate Judiciary Committee has advanced the bill to make it available for consideration by the full chamber, but the Assembly has not yet taken up the issue. — Anna
5) Gig Workers: A yearslong push to increase protections for workers in the gig economy — primarily delivery and rideshare drivers — is looking precarious after a tentative deal earned sharp criticism from some labor groups and progressive lawmakers. The conceptual legislation would create a system to allow the workers to collectively bargain but would limit some of their actions in doing so, and it would stop short of classifying them as employees. The app-based companies backing the measure say they are hoping to come to a consensus in the coming days, but some of the major backers within organized labor say they are no longer actively pursuing that legislation for passage in the current session. — Anna
6) Climate funding: There’s little hope that a deal will be reached on a landmark funding bill for climate action, the Climate and Community Investment Act, with several lawmakers saying there are issues that still have to be worked out. Despite those reservations, Sen. Kevin Parker (D-Brooklyn) said there were active two-way discussions between the Senate and the Assembly on the measure and the issue of carbon pricing.
Sen. Rachel May (D-Syracuse) said the bill had not been discussed in conference as it would need to be for something so far reaching. The CCIA is backed by the NY Renews environmental and community group coalition and would place a fee on carbon emissions across the economy as well as charging big emitters for other pollutants.
“It probably needs some changes, just based on the feedback we’ve been hearing,” May said, highlighting concerns about the rebate mechanism to soften the cost impacts for low-income individuals. “We have to make sure that we’re setting it up so it’s not going to hurt people who are vulnerable.”
Advocates have not given up on moving forward this session and are coming to Albany en masse on Thursday to hold their first large in-person rally on the measure since the pandemic began. — Marie J. French
7) Lead in schools: Lawmakers in the Assembly and Senate last week reached an agreement on a bill that would lower the acceptable threshold for lead in school water to 5 parts per billion, while mandating testing every three years. The legislation has become a driving end-of-session issue for groups combating lead poisoning in children.
State Sen. Gustavo Rivera (D-Bronx), who sponsors the measure, said he was optimistic about the bill’s chances of passage.
Superintendents are hesitant to absorb potential remediation costs for schools found to have excessive amounts of lead. The agreement would make remediation expenses fully reimbursable using clean water infrastructure funds administered by the Department of Environmental Conservation, a separate stream from education funding entirely. — Michelle Bocanegra
8) Confirmations: Cuomo has nominated Nassau County District Attorney Madeline Singas and court administrator Anthony Cannataro for openings on the Court of Appeals. Both seem fairly likely to be confirmed by the Senate.
The governor will likely make many more nominations for a variety of posts in the coming days, including a pick to be the state Board of Elections’ new enforcement counsel. That’s a unique confirmation process that has only happened once before — both the Assembly and Senate need to vote on the individual in separate sessions. — Bill
9) A casino in NYC: Some legislators and casino lobbyists are still hoping that the Legislature could speed up a request for information from interested parties for full-scale casinos in the New York City area. Legislation would be needed to allow a casino in the region before 2023.
While two existing racinos, Resorts World Queens and MGM Empire City in Yonkers, remain favorites because they already are in the market, a third available license is a wild card.
Las Vegas Sands, which recently sold all of its interests in Las Vegas, has been lobbying intensely for a shot at the third license.
Nonetheless, speeding up the RFI is far from a sure thing. State Sen. Joe Addabbo (D-Queens), who chairs the chamber’s gaming committee, has said he is “hopeful” of moving it forward, but it is not clear that there is widespread support. — Garrett Downs
10) Combating Cuomo: While there might be more casinos on the way, it would not be advisable to wager much on the possibility that the Assembly will impeach Cuomo in the next nine days.
There might be ways for the Legislature to deliver a less-drastic response to the scandals involving the governor, though even could be difficult. The Senate passed a bill last week that would make some changes to the Joint Commission on Public Ethics, such as ending the ability of executive appointees to block investigations into the administration. Assembly Speaker Carl Heastie, however, quickly told Capital Tonight that senators “did not engage with” his chamber on that bill. — Bill