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Albany's blue wave wastes no time changing laws, what's next?

Albany's blue wave wastes no time changing laws, what's next?
Albany's blue wave wastes no time changing laws, what's next?

When the Democrats wrested control of both legislative bodies in Albany, New York, they wasted little time pushing through their reform agendas that had been languishing for years. It was as if the dam had broken for the blue wave. To wit: Before 2019, the Child Victims Act had not even reached the full Senate floor. This year, it passed that chamber unanimously.

Gov. Andrew Cuomo has announced ambitious plans around criminal justice and women’s opportunities. In addition, the leaders of the Assembly and Senate have promised to address bail reforms, marijuana law, environmental concerns and measures to help stem the opioid crisis. These likely won’t be so easy to pass.

Here is a guide to keeping up with the swift changes in laws and what they mean:

Election reform

The new Legislature first passed laws to ease voting for residents. Early voting and preregistering minors will be allowed, and those who move within the state will not have to reregister. Federal and state primaries will be held at the same time, the fourth Tuesday in June. The Legislature also closed the loophole that allowed corporations to pour almost unlimited amounts of money into election races through multiple limited liability companies.

LGBT rights

For 16 years, lawmakers had been proposing to ban “conversion therapy” — working to change sexual orientation or gender identity — for minors. On Jan. 15, a law finally passed overwhelmingly in the Senate and Assembly.

The legislature later passed the Gender Expression Nondiscrimination Act, or GENDA, which prohibits discrimination based on “gender identity or expression” by employers, educational institutions, landlords or creditors.

Reproductive rights

On Jan. 22, the 46th anniversary of the Supreme Court’s landmark Roe v. Wade decision, Cuomo signed the Reproductive Health Act, which legally ensures the right to abortion in New York state if Roe v. Wade were overturned. The law took abortion out of the penal code, where it was allowed as an exclusion, and included it as a right in health law. It expanded who could perform abortions beyond doctors, to those licensed or authorized to do so. And it allowed abortion after 24 weeks to protect the mother’s health or if the fetus was not viable. The governor also expanded access to contraception with the Comprehensive Contraceptive Care Act, as well as protections against discrimination from employers for using contraception.

The loosening of some restrictions on late-term abortions spurred a backlash among conservatives, Republicans and religious groups, some of whom were seeking to use the issue to attack Democrats and rally voters toward the 2020 presidential election.

Immigration

The Legislature voted for a stand-alone DREAM Act, approving state financial aid and scholarships for students brought to the U.S. without legal authorization. The vote came after nearly a decade of failed votes, the last when the bill was tied to an education tax credit.

Other issues remained on the table. Immigrant rights activists have been pushing Albany to approve of driver’s licenses for residents without legal authorization. Also being considered: reducing maximum jail sentences for certain misdemeanors that could otherwise lead to deportation.

Child victims

The Child Victims Act had foundered for 13 years, held up by powerful private interest groups, some insurance companies and private schools, and some leaders of the Roman Catholic and Orthodox Jewish communities, many of whom had significant influence with Republican lawmakers. The act had not even gotten out of committee when there was a Republican-controlled Senate.

In 2019, with the Democrats in charge, every senator — Republicans and Democrats alike — voted for the bill, and the it passed the Assembly 130-3. Now if the statute of limitations has passed, victims can sue in civil court for damages, which religious leaders fear could bankrupt their organizations.

Gun control

For the first time in six years, the Legislature passed a package of restrictive gun laws, even as it did so along party lines. The lawmakers voted on Jan. 29 to ban bump stocks, prohibit teachers from carrying guns in schools, and extend the waiting period for gun buyers who do not pass an instant background check. The new laws also included a “red flag” bill that would temporarily block or ban someone from buying or owning a gun if a judge deemed that person to be a potential safety risk.

Sports wagering

Gamblers wanting to bet the farm on all varieties of the big game got their hopes lifted when the State Gaming Commission gave its preliminary approval to a set of rules that would allow sports wagering in four upstate casinos. But that agreement — which still needs to pass through a public comment period and another formal approval from the commission — is far from a bettors’ paradise.

It does not permit for online bets, which are allowed just across the Hudson River in New Jersey. The chairmen of the Assembly and Senate racing and wagering committees believed the commission has the power to authorize online sports gambling, but the governor’s office said that would take a change in the state Constitution, which requires two legislatures’ approval and a voter referendum. That will not happen until 2021 at the earliest, but betting at brick-and-mortar lounges could be a reality by April.

Recreational marijuana

The prospects for legal recreational marijuana are somewhat hazy. Legislative leaders have dampened expectations for a quick passage of such a law, despite Cuomo’s promises that it would be part of his 100-day agenda. The complexities of legalization of the drug, which is still technically illegal in the eyes of the federal government, are myriad — including schemes for its taxation, distribution and potential effect on poorer communities. Still, expect the issue to heat up as the April 1 deadline for the state budget looms.

Congestion pricing

Finding much-needed money for New York City’s subway system is one of the governor’s biggest priorities. But his big-ticket proposal — charging motorists who enter the busiest parts of Manhattan at the busiest times of day — is unpopular among legislators from the other boroughs and the suburbs (not to mention upstate legislators, many of whom do not see a reason to care). Even lawmakers who support the idea say they need to see more details.

Cuomo, a skillful tactician, is expected to use all kinds of carrots and sticks to get his way. But he is dealing with a rejuvenated, re-empowered Legislature, so expect a fight.

Criminal justice reform

Advocates want to do away with cash bail; guarantee speedy trials; reclassify which parole violations send people back to jail; and force prosecutors to give defense lawyers possibly exculpatory evidence — which they can withhold until virtually the last minute — earlier.

There is a lot of support among legislative leaders and Cuomo. On Thursday, Heastie declared his support for a “100 percent ending of cash-bail system” — a milestone for reformers, since the Assembly last year passed a version that would have preserved cash bail for certain alleged crimes. But some legislators have pushed back, citing public safety concerns, and law enforcement officials were expected to fight changes, too.

This article originally appeared in The New York Times.

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