CapCon: Investigating Incentives, Wrongful Death Insight, This Week in N.Y. History
A new product from the Times Union with unique insight, context, and analysis from the state Capitol.
Good afternoon — it’s Monday, and National Clean Out Your Computer Day.
MONDAY, FEBRUARY 12, 2024
📩 WHAT IS THIS? Welcome to your revamped Capitol Confidential afternoon newsletter, a new avenue inside New York government, politics, and policy.
I’m Dan Clark from the Times Union. I’m your author, and I hope you’ll keep coming back each and every day. This is going to be fun.
You might know me as the former managing editor of New York NOW, a public affairs program that airs on public television stations statewide in New York.
You can expect a quick, smart read each weekday that expands on what’s happening in the news cycle with context, analysis, and commentary from top newsmakers.
You’ll also get access to events with top newsmakers and reporting from the Times Union’s Capitol Bureau.
We hope you’ll add us to your afternoon roundup. We promise it’ll be worth it.
Alright, that was a lot. 😮💨 Sorry, already breaking my own rules. Let’s get on with it. 😁
LAST WEEK IN BRIEF: ‘Tin Cup Day’ featured big requests from NYC Mayor Eric Adams; former Gov. Andrew M. Cuomo wants DOJ to examine the handling of his sexual harassment case; former U.S. Rep. Lee Zeldin warns Democrats against congressional gerrymandering.
TODAY’S CAPCON: Economic development scrutiny, wrongful death insight, This Week in New York History.
🔨 Is Tomorrow a Session Day? Yes.
❄️ Tonight’s Weather: Albany: Mostly cloudy, snow expected, low 30s. New York City: Rain and snow, low 30s.
💵 Investigating Incentives: Key members of the state Senate want to cut or restructure a slew of economic development programs that they say aren’t getting enough bang for the taxpayers’ bucks.
Senate Investigations Chair James SKOUFIS and Senate Economic Development Chair Sean RYAN say they’re putting a package of legislation together toward that goal.
Senate Finance Chair Liz KRUEGER is also on board, they said, adding a crucial voice to their cause.
Targeted programs include entertainment tax credits, youth jobs tax credits, the Empire State Jobs Retention Credit, and more.
The effort is based on a quietly released report from an independent firm that was required to be assembled under state law.
The report was posted on the state Department of Taxation and Finance’s website late last month.
It found that many programs have low returns on investment, like how the Employment Incentive and Investment Tax Credit program returns 4 cents for every dollar.
The report was forwarded to Democrats in the Senate over the weekend to begin a conversation on reworking, or repealing, those programs.
“If we take our job as policymakers seriously, and we’re interested in cutting through politics and protecting taxpayers, this must be the year for reform,” Skoufis said.
🚌 Electric School Buses: Republicans from the Senate and Assembly want the state to push its deadline back for schools to begin purchasing all-electric school buses.
Two years ago, the state budget mandated that, starting in 2027, any new school buses purchased by districts would have to be all-electric.
Republicans and some school officials said it’s not feasible for school districts to make that change so soon, and have introduced a bill to delay it until 2045, or until the state transitions its own diesel fleet to all-electric.
“They want our kids to be the guinea pigs for their ridiculous boondoggle idea,” said bill sponsor state Sen. George Borrello, R-Chautauqua County.
🚘 Hochul in Herkimer: Gov. Kathy HOCHUL traveled to Herkimer County to announce $10 million for the village of Herkimer as part of the state’s Downtown Revitalization Initiative.
She also made a fresh pitch for her executive budget proposal last month, but that was just a rehashing of what she’s already proposed.
👋 Thiele Leaving: Assemblyman Fred THIELE, a Democrat who was elected on the Independence Party line until 2022, said he won’t seek reelection this year.
“I now look forward to other opportunities to serve the community that has been home to my family for almost 200 years,” he said.
✒️ Wrongful Death Bill: I was able to get my hands on the bill jacket for the wrongful death bill that Hochul vetoed late last year, and it shows that supporters faced a mountain of opposition from trade groups — and government representatives themselves.
For the past two years, the state Legislature has passed a bill with nearly unanimous support that would allow families to sue for emotional damages in a wrongful death action.
Right now, state law only allows damages to be sought based on pecuniary loss, or the deceased person’s financial worth.
Only seven members of the state Senate and 12 members of the state Assembly opposed it last year.
It was re-introduced last week by state Sen. Brad HOYLMAN-SIGAL, who hopes to see it approved for a third year.
But Hochul has vetoed the bill for the past two years, saying it would drive up insurance costs and “risk the financial well-being of our health care facilities.”
🗣️ What They Said: Well, now we know from the bill jacket that health care facilities weren’t the only stakeholders who asked Hochul for a veto.
New York City’s mayor also urged a veto. His office wrote that “this bill could lead to unsustainable liabilities for defendants, including the City and other municipal governments.”
The New York State Association of Counties and New York Conference of Mayors called for a veto for the same reasons.
The Metropolitan Transportation Authority — a public benefit corporation — also wanted a veto, saying the bill would “lead to a significant increase in unnecessary and costly litigation, and potentially inconsistent and inequitable results.”
It was no surprise to me that insurance groups opposed it, because it would raise costs for them, but schools were against it for the same reasons.
The NYS Council of School Superintendents wrote to Hochul that new litigation could break the bank for schools because they also continue to “undergo serious financial strain from changes authorized by the Child Victims Act.”
We knew that health care trade groups, like the Greater New York Hospital Association and the Healthcare Association of New York State, were against the bill.
I also counted 17 individual hospitals and health systems that wrote to Hochul asking for a veto.
The amount of opposition overwhelmed the bill’s supporters, but there were several of those as well.
There were 17 people who personally wrote to Hochul asking her to sign the bill based on their stories of loss and financial hardship.
The Black, Puerto Rican, Hispanic, and Asian Legislative Caucus also called for a signature.
And state Sen. Anthony PALUMBO, R-Suffolk, also asked Hochul to sign it.
“It would provide families who have lost a child or loved one the ability to seek appropriate damages in cases where wrongful death is established,” Palumbo wrote.
📖 THIS WEEK IN NEW YORK HISTORY: Every Monday, we’ll plan to tell you about part of New York’s history from years past. This research is from New York State Historian Devin Lander and the New York State Museum, so you know it’s legit.
February is Black History Month. For a calendar of events taking place at museums and historical societies across New York, click here.
⚖️ Feb. 12, 1909: Today, the NAACP is well-known throughout the country, and continues to be a political force in New York. But it got its start in Manhattan, on this day, more than a century ago.
Before the NAACP, another pro-civil rights group called Niagara Movement had also been formed by W.E.B. Dubois and others in the Buffalo area.
Founders of the Niagara Movement, 1905. (Library of Congress)
🪨 Feb. 13, 1813: Have you visited Dana Park in Albany? It’s named after James Dwight Dana, a Utica native who’s called the “father of modern mineralogy” for his work in the field.
Before digging into the career he’s known for, Dana spent a year in the U.S. Navy teaching math.
He went on to spend four years as mineralogist on the United States Exploring Expedition of the Pacific Ocean.
🖼️ Feb. 17, 1913: New York and art go hand in hand, and on this day, the Armory Show, also called the International Expedition of Modern Art, opened at the 69th Regiment Armory in Manhattan.
It was considered the first show to introduce modern art from Europe to the U.S., and had a massive influence on the domestic art world in the states.
NEW BILLS OF NOTE
🍁 Cannabis: A9179 BENEDETTO: Would prevent the Cannabis Control Board from issuing and new retail licenses until they, or another entity, review and close down unlicensed cannabis shops. (New bill)
🚔 ICE & Immigrants: A9167 GANDOLFO: Would require local and state law enforcement agencies, and criminal courts, to notify ICE of an arrest or conviction of an undocumented person. (New bill)
🏍️ Motorcycle Profiling: A9187 LUPARDO: Would seek to prohibit profiling of motorcycle drivers to be included in law enforcement training, and require local law enforcement agencies to add statements condemning it. (New bill)
AT THE CAPITOL
🔨 Is Tomorrow a Session Day? Yes.
🙋 Budget Hearing: The Mental Hygiene budget hearing is scheduled for tomorrow at 9:30 a.m. in Hearing Room B. (Watch here.)
🕕 Tomorrow’s Committee meetings (2/13):
Senate Social Services | 10 a.m., LOB 410
Senate Judiciary | 10 a.m., CAP 124
Senate Corporations | 10:30 a.m., LOB 611
Senate Energy | 11 a.m., CAP 124
Senate Labor | 11 a.m. LOB 308
Senate Cities 1 | 12 p.m., LOB 411
Senate Health | 12 p.m., CAP 124
Senate Transportation | 12:30 p.m., LOB 708
Assembly Racing and Wagering | 9:30 a.m., LOB 846
Assembly Economic Development | 10 a.m., LOB 846
Assembly Local Governments | 11:30 a.m., LOB 838
(If an Assembly committee is streaming, you’ll find that here.)
🖥️ National Clean Out Your Computer Day: News outlets mark the second Monday in February as National Clean Out Your Computer Day. The origin is unclear.
This may be the least interesting “special day” that happened to land on the launch of our newsletter. Last week, there was a day dedicated solely to fettuccine alfredo. Yum.
But if you really do want to celebrate this treasured holiday, North Carolina State University recommends organizing your files, running any updates you might need, and getting rid of any unwanted junk on your computer. Have fun.
More from the Times Union (Free for CapCon Subscribers):
NYCLU sues Commission of Correction for jail abuse records
State moves to seize Child Victims Act payment from murder convict
Sex abuse and harassment allegations pervade North Country jail
Attorney general amends crypto lawsuit, alleges $2 billion more lost
The Times Union Bill Tracker: Your guide to key bills on the table in this year’s legislative session, compiled by the TU’s Capitol Bureau. Find it here.
Thanks for reading, and be well.
Have feedback or a tip? Reach out anytime: Dan.Clark@TimesUnion.com