Early on June 21st, the NYS Assembly and Senate concluded the 2019 Regular Legislative Session. In many regards this was considered a historic session with all three branches of State government controlled by Democrats and the first women of color among the highest levels of leadership in both Houses. Additionally, this session has been the most active in recent history with a significantly greater number of bills passing both Houses.

Despite the challenges of assuming the Majority, the Senate Democrats have been largely successful in advancing a progressive agenda and balancing the interests of a diverse Conference by partnering strongly with the Assembly leadership and working with the Governor to advance mutual political and policy priorities.

The momentum started early – even prior to the passage of an on-time State Budget in April- with the Legislature passing the Child Victim’s Act, the Women’s Reproductive Rights Act, the Dream Act, and numerous voting reforms. The pace did not let up and in spite of an unexpected revenue shortfall, the 2019-20 NYS Budget was on time and included many progressive initiatives.

Progress continued through the final months of Session as major pieces of legislation, previously stalled in the Republican-controlled Senate, were approved by both Houses. These include a comprehensive climate change bill, the granting of labor rights to farm workers, substantially strengthening the State’s sexual harassment laws, abolishing the “gay panic defense,” and a measure permitting undocumented immigrants to obtain driver’s licenses. Additionally, the Legislature significantly bolstered tenant protections under rent regulations, offered the expansion of rent control to upstate cities, and permanently extended the program.

Although there was general support and much dialogue, an agreement could not be reached prior to the end of Session on the legalization of recreational marijuana. However, a bill decriminalizing possession of small amounts of marijuana and vacating certain low-level marijuana convictions did pass both Houses.

The Legislature is expected to remain ” at the call of the Majority Leaders” for the remainder of 2019 and will return to Albany after the New Year. In the meantime, advocacy will focus on the Governor and his deputies throughout the remainder of the year as they review the 935 bills that passed both Houses and consider his approval or veto of each.

With just eleven scheduled days remaining, the first legislative session with the new Democratic Senate Majority has seen both houses working diligently on their respective agendas. In total, 14,000 bills have been introduced. Of these, the legislature has approved of 185 “same-as” bills, pieces of legislation which have been introduced in both houses. According to the Buffalo News, the legislature passed twice as many bills over the first five months of the legislative session compared to the average for the previous ten years.

Their work, however, is far from over. With just over three weeks of session remaining, advocates continue to rally for their interests for and against various priority bills. High profile issues still under consideration include : rent regulation, marijuana legalization, medically assisted suicide, sexual harassment, prevailing wage, capital spending, sports betting, farm worker rights, immigrant driver’s licenses, limo safety, consumer protections, as well as a litany of local municipal issues. The legislative session is scheduled to conclude on June 19th.

Despite the challenges of a new Senate Majority Conference and accommodating the priorities and agendas of 15 newly elected Democratic Senators with that of the Assembly and the Governor, the Legislature worked through the weekend and was able to pass the 2019-20 NYS Budget in the early hours of Monday, April 1.

The $175 billion spending plan includes many high-level progressive policy priorities, including codification of elements of the Affordable Care Act, criminal justice reforms, voting reforms, congestion pricing, a ban on plastic bags, a permanent 2% property tax cap, new taxes (mansion tax, opioid tax, and internet sales taxes), and a commission charged with creating a plan for publicly financed political campaigns.

Several highly publicized progressive initiatives such as the legalization of adult use marijuana did not make it into the final budget, despite a massive last-minute push by activists.

Numerous elements of the Affordable Care Act were codified in the Budget, including protections for people with pre-existing conditions, essential health benefits, and a prohibition on limiting annual and lifetime coverage. Insurance companies will also be required to provide coverage for infertility services.

The Budget eliminates cash bail for all but certain violent felonies, guarantees speedy trials and forces prosecutors to reveal possible exculpatory evidence to the defense much earlier in the discovery process.

Funding for early voting and paid time off to vote are components of the voting reform package.

A first- in- the- nation tolling or “congestion pricing” program is authorized in the Budget which will institute electronic tolling devices south of 60th Street in Manhattan.

A ban on single use plastic bags that provides an opt-in for localities to enact a five-cent fee on paper bags was also included in the Budget.

Finally, public financing of campaigns was deferred to a new commission tasked with recommending a plan to advance a Statewide public finance election campaign system.

The Governor acknowledged the challenges of this year’s Budget negotiations: “The hard ones are the good ones – by definition,” Cuomo told reporters in a Sunday evening press conference. “This is probably the broadest, most sweeping state plan that we have done.”

Governor Cuomo’s 2019-20 Budget Address

On January 15th, Governor Cuomo delivered his ninth Executive Budget Address, proposing a $178 billion spending plan, closing a $3.1 billion budget deficit. In this plan, which adheres to a self-imposed 2 percent spending increase cap, Cuomo seeks to increase funding for education and health care by 3.6%.

Framing his Executive Budget Proposal as the “Justice Agenda,” the Governor cited the new majority in the Senate as an opportunity to pass progressive legislation previously impossible under the Republican Senate leadership. Governor Cuomo’s intention is to pass a number of progressive measures in the first 100 days, including: legalizing adult use marijuana; codifying aspects of the Affordable Care Act (ACA); addressing the opioid crisis; passing the Child Victims Act; protecting and enhancing women’s’ rights; and implementing election law and campaign finance reforms.

Cuomo estimates that the legalization of adult-use (age 21 and over) marijuana would eventually generate $300 million in revenue. This revenue would be realized through taxes placed on producers, wholesalers, and retailers and be used to pay for the regulation of marijuana programs, the Governor’s traffic safety committee, small business development, mental health treatment, and research on cannabis uses.

Citing a “sustained federal assault” on the Affordable Care Act, the Governor is proposing to codify key ACA aspects, including banning pre-existing condition limitations, protecting contraception coverage, and establishing an annual open enrollment period for individual coverage in state law and continuous open enrollment for large group coverage.

The Governor also proposed passing the Reproductive Health Act, the Contraception Coverage Act, and enshrining Roe vs. Wade into the NYS Constitution.

During his presentation, the Governor pushed back against the “attacks” being made by the federal government against New York, including the elimination of State and Local Tax (SALT) exemptions and Medicaid Disproportionate Share Hospital Payment funding cuts.

Governor Cuomo stated that New York would lead the way in justice for all and be the progressive leader in the nation. “We are going to pass this progressive agenda as New York’s declaration of true democracy restoring fairness, progress, and pride.”

Executive Budget legislation has been introduced and lawmakers will begin examining the details before introducing their One House Budget proposals sometime next month. Negotiations will then begin in earnest as the State Budget is due April 1.

The 2019 legislative session ushered in a number of “firsts.” Senator Andrea Stewart-Cousins was officially sworn in as Temporary President and Majority Leader of the New York State Senate, becoming the first woman, and woman of color, in New York State history to lead the upper house. In the Assembly, Democratic Speaker Carl Heastie was re-elected to lead the 150 member chamber, marking the first time both houses will be led by African Americans.

During his opening address to the Assembly, Heastie noted that there is a record of 50 women in the Assembly this year and that three of the top four posts are held by women including the new Assembly Majority Leader Peoples-Stokes, the first woman to serve in that post.

With control of both houses of the legislature, Democrats look to pass several pieces of legislation long blocked by the formerly Republican-led Senate. In their opening remarks, both Assembly Speaker Heastie and Senate Majority Leader Stewart-Cousins listed campaign finance reform, criminal justice reform, and the DREAM act as priorities for the year ahead.