United States: New York Legislative Session Update - Budget Proposals And A Buffalo Surprise

Assembly budget proposal. The Assembly one-house budget was a veritable mixed-bag, with a range of provisions included fully in line with the governor's executive budget proposal, while including others that push back against the governor's agenda—particularly as it relates to New York City.

The Assembly, in response to concerns from the health care sector about the potential impact of the $15 minimum wage included in the governor's executive budget, included in their one-house budget a $200 million reserve fund to assist health care providers cope with increased wages. Other health-care-related provisions in the Assembly's one-house proposal include an expansion of the state's recently implemented medical marijuana program through the doubling the number of dispensaries that a registered organization may operate. Both the Assembly and Senate rejected the governor's proposals to cut the state's Excess Medical Malpractice program, to end New York's spousal refusal program and to cap Medicare Part C cost-sharing limits. On the Senate side, their one-house budget included a requirement that the state refund providers after last year's collapse of Health Republic Insurance of New York.

On the education front, the Assembly, as expected, rejected the governor's proposal to shift a substantial portion of CUNY funding on to New York City. The Assembly one-house budget also includes provisions addressing the state's charter school sector, which charter advocates say would be potentially devastating. Included in the Assembly budget was a requirement that those charters not enrolling a certain percentage of high-needs students would no longer be fully funded with taxpayer dollars. The ever-present battle of mayoral control of New York City schools has also reared its head, with Senate Majority Leader John Flanagan (R) pushing to handle the issue as stand-alone legislation rather than in the context of the state budget—citing the fact that current legislation does not expire until the end of June. The executive budget proposal extends mayoral control of New York City schools by three years.

Along with the budget proposal, Assembly Speaker Carl Heastie (D) also included stand-alone legislation to address the ethics reform in Albany. The legislation focuses on restricting lawmakers' private-sector jobs by capping lawmakers' outside income. The outside income restrictions, while more modest than proposals from the governor, mark the first time a legislative leader has proposed such a limit. The legislation also addresses campaign finance, with a provision that would close the so-called "LLC loophole" by treating limited liability companies as corporations for the purpose of campaign finance. Senate Majority Leader Flanagan has asserted that ethics legislation should be addressed outside the context of the state budget.

Senate budget proposal. On the other side of the State Capitol, the Republican majority in the Senate released its one-house budget, which rejects the governor's proposal to raise the minimum wage. However, the Senate subsequently passed a budget resolution affirming that it will "consider an increase" in the minimum wage, but only after an economic analysis is conducted. As for the other big-ticket policy item from the governor, paid family leave, Senate Republicans included a paid family leave proposal in their one-house budget, despite concerns among some members of their conference. The Senate proposal closely mirrors the proposal put forth by the governor in January. Members have subsequently indicated they would like to first consider the policy's impact on small businesses and are interested in tweaks to the legislation, like a qualifying period.

In an interesting twist, the Senate GOP's one-house budget, while accepting the proposal from the governor to shift $485 million in annual operating costs for CUNY back to New York City, justifies the cost-shift by citing a lack of response from CUNY administration to several anti-Semitic incidents at City University campuses.

The Senate Republicans did offer New York City an olive branch, albeit with a twist. The Senate one-house budget provides that if New York City can adhere to the state's property tax cap, the Senate would agree to resume the state share of Medicaid growth. Currently, New York City is not subject to the two percent cap on the growth of property taxes that has applied to the rest of the state since 2011. There has recently been an increased push in Albany, particularly among Senate Republicans, to expand the cap to New York City.

There were also significant differences between the Senate and Assembly on energy policy. The Senate one-house budget aims to boost funding for financially struggling nuclear facilities to $100 million, while the Assembly budget increases a fund to support communities facing the loss of tax revenue after a power plant closes from $19 million to $50 million.

The week of March 21 will mark the second-to-last week of budget negotiations before the April 1 deadline. Legislative leadership and staff will be working weekends and late hours hammering out the details of the final budget. We expect more clarity a number of the issues outlined above as the week progresses, and will be providing updates as necessary.

Buffalo surprise. Shifting from the state budget to state politics, Senator Marc Panepinto, a first-term Democrat from Buffalo, unexpectedly announced this past Tuesday that he would not be seeking re-election in November. The senator cited his law partner's ongoing battle with cancer and the proposed limits on outside income for legislators as reasons for his decision not to run. The surprise announcement adds an interesting twist to the escalating battle for control of the state Senate, as the seat was held until 2014 by Republican Senator Mark Grisanti. Potential candidates for the seat include Erie County Clerk Christopher L. Jacobs on the Republican side, and Assemblyman Sean M. Ryan for the Democrats.

Dentons is the world's first polycentric global law firm. A top 20 firm on the Acritas 2015 Global Elite Brand Index, the Firm is committed to challenging the status quo in delivering consistent and uncompromising quality and value in new and inventive ways. Driven to provide clients a competitive edge, and connected to the communities where its clients want to do business, Dentons knows that understanding local cultures is crucial to successfully completing a deal, resolving a dispute or solving a business challenge. Now the world's largest law firm, Dentons' global team builds agile, tailored solutions to meet the local, national and global needs of private and public clients of any size in more than 125 locations serving 50-plus countries. www.dentons.com.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Events from this Firm
24 Oct 2017, Seminar, Washington, DC, United States

The Dentons Forum for Women Executives invites you to join us for a luncheon featuring guest speaker Liza Mundy, journalist and author. Ms. Mundy recently released her latest book, Code Girls, the riveting untold story of more than 10,000 spirited young American women who cracked German and Japanese codes to help win World War II.

27 Oct 2017, Seminar, New York, United States

Please join us for a milestone event, our 10th annual CLE Seminar for In-House Counsel.

1 Nov 2017, Seminar, Washington, DC, United States

Celebrate the 58th anniversary of Dentons' Government Contracts practice

In association with
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of www.mondaq.com

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.