Jun 20, 2016

State legislative session: What was done, what wasn't

The legislative session ended June 17 with a flurry of agreements as lawmakers headed home for the rest of the year and focused on the November elections.

Tougher anti-heroin laws, a new requirement to test for lead in schools' water, a measure allowing alcohol sales at Sunday morning brunches and a ban on ticket bots that limit sales to events to the public were all approved in the final days and hours of the session.

The Senate and Assembly also reached a late-night deal to let daily fantasy sports games operate in New York, though Gov. Andrew Cuomo hasn't signaled whether he will approve it.

But other items were left undone: A bill that would allow ride-hailing companies like Uber and Lyft to expand outside New York City wasn’t approved, and neither were new laws on medical-marijuana access.

Legislators ended a tumultuous six-month session that included the sentencing of the two former legislative leaders on corruption charges.

So cleaning up the scandal-plagued Capitol was at the forefront of the agenda as all 213 legislative seats are on the ballot in November.

The sides announced a series of ethics reforms Friday night before passing them around 2 a.m. Saturday.

Legislative leaders agreed to first passage of a constitutional amendment that would prohibit lawmakers convicted of a felony of keeping their taxpayer-funded pensions. The ethics agreement also will require greater disclosure by lobbyists and independent expenditures by political committees.

"For the first time, independent expenditure groups and PACs will be required to adhere to unprecedented disclosure requirements," Cuomo said in a statement.

But good-government groups had been seeking greater reforms, and they said the new ethics measures weren't enough to curb the abuses of power at the Capitol—where nearly 40 lawmakers have faced legal or ethical woes since 2000, according to a list kept by Gannett's Albany Bureau.

Here's where 10 key issues ended up:

Ethics reform

The goal was to take steps to limit the scandals after the former Senate Majority Leader Dean Skelos, R-Nassau County, and ex-Assembly Speaker Sheldon Silver, D-Manhattan, were convicted in separate corruption cases last year and sentenced to jail earlier this spring.

Cuomo sought tighter controls over independent expenditures made by special-interest groups, and some of what he wanted made it into the final package—such as clarifying the relationships between candidates and independent committees.

The agreement prohibits candidates and the groups from coordinating, such as banning family members of a candidate from running a group that supports the person. The deal requires more disclosure by lobbyists, increases penalties and requires political consultants and similar groups to register with the state Joint Commission on Public Ethics.

The pension forfeiture measure requires changing the state constitution. So legislators will have to pass the bill again next year, and then send it to voters for approval.

The measure would strip lawmakers and other "public officers" of their taxpayer-funded pensions if they are "convicted of a felony involving breach of public trust." It wouldn't apply to all public workers; unions fought that provision.

Lead testing of school water

An agreement was reached late Friday to require schools to test for lead in water in schools.

"There is no safe level of exposure to lead," environmental groups said in a statement.

The bill was sponsored by Sen. Thomas O’Mara, R-58, and Assemblywoman Donna Lupardo, D-123,—two Southern Tier lawmakers who represent school districts that have shown lead in their school water.

The measure would require the state departments of health and education to set testing and safety standards for public school tap water and require schools to report the results to the state.

The effort would be largely funded by the state through its school building aid formula.

Schools had raised concern about who would cover the cost of testing and improving the water infrastructure if the tests turned up lead. Ultimately, the state School Boards Association praised the bill that was passed.

Daily fantasy sports

A bill that would legalize online daily fantasy sports in New York is headed to Cuomo's desk.

It was approved Friday afternoon in the Assembly, but faced opposition from the Conservative Party and racetracks with video-lottery terminals—enough to get some Republican lawmakers to reject the bill.

Ultimately, the GOP-led Senate approved the measure in a 45-17 vote after 2 a.m. Saturday.

FanDuel and DraftKing, as well as other games, suspended operations in New York earlier this year amid a court fight with Attorney General Eric Schneiderman over their legality. A law would allow the games to resume.

An estimated 3.5 million New Yorkers play the games, lawmakers said.

Cuomo hasn’t signaled whether he will sign the bill into law.

In a letter to FanDuel users Saturday, CEO Nigel Eccles said the company hopes to restart in New York before football season this fall.

Uber, Lyft out

The bill to authorize ride-hailing companies like Uber and Lyft to operate outside New York City didn’t pass both houses.

Assembly Democrats wanted larger insurance limits on the companies, even as this bill passed the Senate Friday afternoon.

Senate Insurance Committee chairman James Seward, R-Milford, Otsego County, who sponsored the bill, said the measure was important to Upstate and he was disappointed a deal couldn’t be reached.

Still, some lawmakers said the bill didn’t go far enough to ensure consumers and drivers were protected.

Unions, insurance companies, taxi drivers and trial lawyers have been a high-priced lobbying war over the matter—and that led to a stalemate.

Heroin treatment

The Senate and Assembly passed a package of bills introduced by Cuomo to address the scourge of heroin abuse and opioid deaths in New York.

The package would make about a dozen changes in state law and regulations.

The changes include limiting the supply of opioids that can be prescribed to a patient; prohibiting insurers from requiring prior authorization for heroin treatment; and allowing families to get a three-day, involuntary hold for addicted loved ones in treatment facilities.

Sunday brunch

Restaurants will be able to sell alcohol at 10 a.m. on Sundays to accommodate brunches, ending a century-old blue law tradition.

Currently, New York law bans alcohol sales before noon on Sundays.

The deal also allows restaurants to get up to 12 waivers a year to sell booze at 8 a.m. on Sundays in areas outside New York City.

Parking garages

Parking ramps and garages—after a few collapses, including one in the Southern Tier—would be required to be inspected by licensed professional engineers.

The inspections—the first law of its kind in the nation—also would include the state updating its building codes so inspections of parking structures are done every five years.

It also will require immediate inspections after any natural disaster.

Animals

Some bills were adopted to help protect pets.

Dogs and cats used in scientific research would need to be considered for adoption before they can be euthanized.

In another bill, people could be buried with their pets if they get a cemetery's approval.

Rail crossings

New York will expand safety steps at grade crossings, Cuomo and legislative leaders said.

There will more inspections of traffic control devices at highway-rail crossings and stiffer penalites for evaders.

"This agreement will help to reduce the amount of preventable tragedies that have occurred at these crossings over the years," Cuomo said in a statement.

Ticket bots

If signed by Cuomo, people who use ticket-purchasing software, known as "bots," to land tickets to events before the public would face stiffer criminal penalties.

Attorney General Eric Schneiderman sought the measure, saying "unscrupulous ticket brokers" were bilking consumers out of the best seats at reasonable prices.

PIANY's issues

Unfortunately, the legislature did not act on our SIF 30-day repeal bill. I was pleased we got it as far as we did (Senate 3rd Reading Calendar/Assembly Rules) and hope to use that as momentum for next session. People are paying attention to the inherent advantages SIF enjoys.

On the Continuing Education front, the legislation was reported from Committee, but not acted upon. We will continue to work with the Department to try and get resolution. I think they are well aware now that the legislature is ready, willing and able to offer relief via statutory change.

We were, however, successful in getting two agent representatives added to the new Insurance Advisory Board legislation, which passed both houses.