In Case You Missed It: 2018 New York Legislative Session Ends Without Traditional "Big Ugly"

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The 2018 legislative session ended late Wednesday, June 20 for the Assembly, and early Thursday, June 21 for the Senate, without the traditional flurry of high profile bills being passed through compromises across the aisle. After a session marked by gridlock, it appears to have ended the same way.

For members of the Assembly, the session ended with ice cream instead of the passing of what has traditionally been known as the “big ugly,” a deal or set of compromises that merges various unrelated bills to tie together numerous outstanding priorities for members and their respective constituents.  While some expected Governor Cuomo’s office to issue an omnibus bill dealing with local fiscal needs, it never materialized. Instead, the session ended quietly riddled with unresolved issues with no plans for legislators to return before January 2019.

Without deadlines pressing the legislature into action, unlike in March of this year where legislators risked not getting paid if they missed the budget due date, numerous bills died on the floor — several of which could have had huge effects on municipalities.

Notable dying measures include an effort to legalize sports gambling at casinos, racetracks, and OTB parlors as well as online; a package of bills on procurement reform drafted in an effort to ensure that taxpayer money is invested into effective programs, prevent conflicts of interest, enhance transparency in government deals, and increase public official accountability; a bill to decouple teacher evaluations from student test score results; gun control and school safety measures proffered by both parties following the Parkland High School shooting; Gov. Cuomo’s “red flag” bill which would have allowed for teachers and family members to petition to take firearms from people they believe could become violent; a bill to reauthorize the use of speed cameras in school zones in New York City (a bill which also contained measures to expand tax breaks for combined power and heat systems in New York City); a bill to block a trash incinerator in the Finger Lakes region; and bills on cash bail reform, legalizing marijuana, enhanced criminal penalties for revenge porn, and the Child Victims Act that would make it easier for the survivors of child sex abuse to seek justice as adults.

The Governor blamed partisan opposition, claiming the sides had “hit a roadblock” since the $168.3 billion state budget passed in March. He cited the tense political environment that has only gotten worse since April, therefore, the issues left on the table are those based on fundamental philosophical differences. Such controversial measures include Republican proposals to increase funding for armed school security guards; the efforts of Senate Majority Leader John Flanagan who sought to link measures to expand charter schools, a “cyanide” pill for Democrats, to a bill decoupling teacher evaluations from state examination results; and Republican proposals to authorize sports betting. Further, Democrats in both houses lost interest in negotiating hot button issues, such as progressive criminal justice reforms, reserving negotiations for after the election when they believe Democrats will wield more power in the legislature.

While Cuomo noted each side’s differences, legislators blamed Cuomo’s inattention and distraction stemming from his public differences to impede President Trump’s agenda and the imminent challenge he faces in the Democratic Party primary from Cynthia Nixon on September 13, 2018.

Local fiscal extenders, which included home rule tax extenders such as reauthorizing hotel taxes in Albany County and bond sales in Buffalo and Yonkers, were linked with non-home issues in omnibus bills drafted by each party to leverage passage of party supported measures unlikely to pass on their own. These generally noncontroversial local fiscal extenders failed to pass as they were coupled with controversial outstanding issues. For example, Republicans included the local fiscal extenders into a bill that did not include any measures regarding the expansion of speed cameras, a move Senate Democrats took issue with, so this omnibus bill failed in a 31-29 vote without the backing of the 63-seat chamber’s Democrats. Without these fiscal tax extenders, cities and counties could suffer revenue shortfalls.

While many measures were left for another day, the session did bring about the passing of several bills and some local fiscal matters were settled. Notable bills passed on the final day include a bill extending New York’s ticket scalping law and adding new consumer protections, and a bill expanding the state’s paid family leave system by allowing for people to take time off when a relative dies. The last vote in the Senate, shortly after 1:30 a.m. Thursday, approved a bill allowing New York State to secure the corridor between Willets Point and LaGuardia through eminent domain and allowed for the alienation of a piece of Citi Field's parking lot, thereby paving the way to build an AirTrain to LaGuardia Airport. In addition, a portion of the last day of the session was spent confirming gubernatorial nominations. Prior to the end of the session, Governor Cuomo remarked that he “never held out an expectation of a grand bargain here,” and he appears to have been correct.

While the 2018 legislative session concluded without much impact on municipalities, this low profile ending could predict a very proactive start to the 2019 legislative session given the November elections, various uncertain and ongoing events in Washington, and the possible switch in control and leadership of the state senate. While there was no big ugly, there certainly is much anticipation and uncertainty on how these various factors will play out in Albany for the start of the 2019 session. 

Many thanks to summer law clerk, Carolynn Grennell, for her contributions in researching and writing this post.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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