2018 New York legislative session

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2018 legislative sessions coverage
New York State Legislature

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General information
Type:   State legislature
Term limits:   None
Session start:   January 3, 2018
Session end:   June 20, 2018
Website:   Official Legislature Page
Leadership
Senate President:   John Flanagan (R)
House Speaker:  Carl Heastie (D)
Majority Leader:   Senate: John Flanagan (R)
House: Joseph Morelle (D)
Minority Leader:   Senate: Andrea Stewart-Cousins (D)
House: Brian Kolb (R)
Structure
Members:  63 (Senate), 150 (Assembly)
Length of term:   2 years (Senate), 2 years (House)
Authority:   Art III, Sec. 3, New York Constitution
Salary:   $79,500/year + per diem
Redistricting:  New York Legislature has control

This page provides an overview of the 2018 New York State Legislature and its general and special sessions. The timelines below contain noteworthy events from the sessions curated by Ballotpedia throughout the year.

If you know of any additional events that should be added to this page, please email us at editor@ballotpedia.org.

Overview

In 2018, the New York State Legislature was in session from January 3, 2018, through June 20, 2018.

Partisan control

New York was one of 16 states under a divided government in 2018, meaning it did not have a state government trifecta. A state government trifecta occurs when one political party holds the governor's office, a majority in the state Senate, and a majority in the state House. For more information about divided governments and state government trifectas, click here.

The following tables show the partisan breakdown of the New York State Legislature in the 2018 legislative session.

Senate

Note: As a result of the 2014 elections, Republicans gained an outright majority but lost it in a special election on April 19, 2016. Democrats held a 32-31 numerical majority in the Senate following the special election and the 2016 general election but a power-sharing agreement between the Independent Democratic Conference and Senate Republicans kept the state Senate in Republican control.

Party As of July 2018
     Democratic Party 32
     Republican Party 31
     Vacancies 0
Total 63

House

Party As of July 2018
     Democratic Party 104
     Republican Party 41
     Independence 1
     Vacancies 4
Total 150

Leadership in 2018

Senate

House

Regular session

Status of legislation at the end of the regular session

This table details the status of legislation covered on this page at the end of the regular session.

Status of legislation at the end of the 2018 regular session
Legislation Subject area Actions during the regular session Status at the end of the regular session
A 9958 Ban bump stocks Passed Assembly Did not see further action
A 8976 Authorize extreme risk protection order Passed Assembly Did not see further action
A 2406 Establish 10-day waiting period for background checks Passed Assembly Did not see further action
A 5025 Prevent domestic violence offenders from possessing a firearm Passed Assembly Did not see further action
A 9978 Allow state to access mental illness records of out-of-state residents for background checks Passed Assembly Did not see further action
S 7848 Sexual harassment policy for state and local government Passed Senate Did not see further action
S 3698 Prohibit sanctuary jurisdictions Passed Senate Did not see further action
A 11148 Authorize extreme risk protection orders Passed Assembly Did not see further action
Budget Budget Passed legislature Governor signed

March 6, 2018

New York State Assembly passes firearm-related legislation
The Democratic-majority New York State Assembly passed a package of five firearm-related bills. The bills would ban bump stocks, increase the waiting period for background checks from three days to 10 days, and establish extreme risk protection orders, in which law enforcement could confiscate firearms from individuals determined by a court to be a threat to themselves or others.[1][2] The bills were sent to the Republican-controlled New York State Senate, which blocked similar legislation from Senate Democrats the previous week.[3] Read more here.

Update: The legislation did not see further action in the New York State Senate.

March 12, 2018

State Senate votes on new sexual harassment policy
The Republican-controlled New York State Senate voted to create a new sexual harassment policy that would establish a statutory definition of sexual harassment, prohibit harassment at all levels of state and local government as well as the use of confidential settlements, and create an independent office to investigate complaints. It would also prohibit private companies from mandating arbitration of harassment claims in employee contracts. In a vote of 56 to 2, Democratic Senators Liz Krueger and Brad Hoylman opposed the bill because it was not strong enough.[4][5]

Update: The legislation did not see further action in the New York State Assembly.

March 21, 2018

Senate advances bill prohibiting sanctuary jurisdictions
The Republican-controlled New York State Senate advanced legislation that would require the state to compile a list of local government entities determined to be in violation of federal immigration enforcement laws. It would also require local governments to comply with detainer requests from federal law enforcement and would prohibit local governments from interfering with the ability of federal law enforcement to conduct activities in municipal or county jails. Entities refusing to comply with the legislation would lose state funding.[6] The bill was sent to the Democratic-controlled New York State Assembly where Assemblyman Kevin Cahill (D) said it was "dead on arrival."[7]

Bill sponsor Sen. Tom Croci (R) used examples of criminal activity among immigrants to defend the bill and said, "However well-intentioned, it is clear that a noncooperation policy puts lives at risk and should be abandoned. We should not be providing a sanctuary to those persons who have come here illegally and get arrested by then giving them the chance to avoid deportation." Steve Noble, mayor of Kingston, a municipality that approved sanctuary jurisdiction policies last year, said, "It is unclear to me why the Senate would propose and proceed with legislation that is in conflict with guidance provided by the [state] attorney general and why our representatives would support legislation that includes provisions meant to intimidate local governments and law-enforcement agencies."[8]

On September 15, 2017, Gov. Andrew Cuomo (D) signed an executive order prohibiting state employees, including law enforcement officers, from asking state residents about their immigration status. The order made exceptions in two cases: (1) when determining eligibility for a public program such as Medicaid and (2) when investigating criminal activity.[9]

Update: The legislation did not see further action in the New York State Assembly.
See also:

June 13, 2018

New York Assembly approves extreme risk protection order bill
The New York State Assembly approved A 11148 by a 108-30 vote. A summary of the provisions of the bill said the bill would create a procedure for requesting and issuing extreme risk protection orders and surrendering or seizing firearms from individuals subject to the orders, provide that the parties involved must have the opportunity to be heard, and require firearm owners residing with a person subject to a protection order to secure their weapons in a safe place. The bill would allow law enforcement officers, parents, or school employees to petition the court for an order. Gov. Andrew Cuomo (D) said the bill was not likely to pass the Republican-controlled New York State Senate but encouraged lawmakers to pass the bill. "I call on the State Senate to pass this bill without delay. Republican members of the Assembly, put children above the NRA—all we need is one to show that kind of backbone in the Senate. … The cost of inaction is simply too high."[10]

The National Rifle Association issued a statement calling on residents to encourage their representatives to vote against A 11148, saying the bill lacks due process and would not improve school safety.[11]

Update: The legislation did not see further action in the New York State Senate.
See also: Extreme risk protection orders in state legislatures

Budget

2018

The New York State Legislature passed a $163.8 billion budget bill on March 31, 2018, and Gov. Andrew Cuomo (D) signed it on April 12, 2018.[12] The budget included but was not limited to the following provisions:

  • $26.7 billion for education funding, a $1 billion increase over the previous year.
  • $7.6 billion for higher education.
  • $1.2 billion towards programs aimed at making higher education affordable.
  • $250 million in new funding for the New York City Housing Authority.
  • $118 million for the Excelsior Scholarship, a program which allows eligible students to attend CUNY and SUNY colleges for free.[13]
  • $25 million for pre-K and after-school programs.
  • A $2.75 fee on taxis and ride-sharing services like Uber and Lyft in Manhattan. Officials projected the fees would raise $415 million, which would be used to fund subway repairs.
  • Funding for the New York City subway.
  • Allocations for water quality in upstate New York.
  • New disclosure rules for online political ads.
  • A new tax on opioid manufacturers projected to raise $100 million per year. The revenue would be used to combat opioid addiction.
  • The creation of a legislative pay commission to investigate a potential legislative salary raise.
  • A measure requiring the state Department of Labor and the Division of Human Rights to create a sexual harassment policy and training for public and private employees. Employers would be prohibited from inserting confidentiality clauses in contracts.[14]
  • Changes in the tax code. The following provisions were a reaction to the projected impact of the federal tax code:
    • Two state-operated charitable contribution funds which could be claimed by taxpayers who itemize deductions.
    • An employer compensation expense program (ECEP), intended to reduce personal income tax and "ensure that State filers subject to the ECEP would not experience a decline in take-home pay."[15][16]

Lawmakers did not agree on the budget provisions. Gov. Andrew Cuomo (D) characterized the budget as "a bold blueprint for progressive action that builds on seven years of success and helps New York continue to lead amid a concerted and sustained assault from Washington on our values and principles."[15]

Assemblyman Joseph Errigo (R) said, "The budget agreed on today is a shameful disservice to the millions of New Yorkers who have had enough of the increased taxes and spending from the state legislature. The total tab for the 2018 budget comes in at over 170 billion dollars ... This week was an opportunity to turn the page and implement sensible spending controls and bring tax reform to a state with the worst tax record in the country. Sadly I’m disappointed in those who put this budget forward and voted in favor of it—New York deserves better."[17] Read more here.

Process

See also: New York state budget and finances
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Check out Ballotpedia articles about policy in your state on:
Budgets • Civil liberties • Education • Elections • Energy • Environment • Healthcare • Pensions

New York operates on an annual budget cycle. The sequence of key events in the budget process is as follows:[18]

  1. Budget instructions are sent to state agencies between August and September.
  2. State agencies submit budget requests in October and November.
  3. Agency hearings are held between October and November.
  4. The governor submits his or her proposed budget to the New York State Legislature in mid-January. The deadline is February 1 in years following a gubernatorial election.
  5. The legislature adopts a budget in March. A simple majority is needed to pass a budget.
  6. The fiscal year begins in April.

New York is one of 44 states in which the governor has line item veto authority.[18][19]

The governor is constitutionally required to submit a balanced budget. In turn, the legislature is required by statute to pass a balanced budget.[18]

Noteworthy events

Democratic caucus (mostly) reunites in New York Senate

The Democratic caucus reunited in the New York Senate, undercutting a group of progressive challengers who were taking aim at the eight members of the Independent Democratic Conference (IDC).

Led by Sen. Jeff Klein (D-The Bronx), the IDC aligned with Republicans from 2012 to 2018, giving the GOP control of the chamber even though Democrats often had a numerical majority.

Klein and mainline Democratic leader Andrea Stewart-Cousins (D-Yonkers) agreed to reunify April 4 at the behest of Gov. Andrew Cuomo (D).

Cuomo faced former Sex and the City actress Cynthia Nixon in the Democratic gubernatorial primary. Nixon ran to his left, saying that he enabled the IDC and allowed Republicans to control the state Senate.

Although Democrats gained a 32-31 numerical majority by winning two Senate seats in April 24 special elections, Sen. Simcha Felder (D-Brooklyn) continued his alliance with Republicans and gave them control of the chamber. Felder used his pivotal role in the state Senate to maximize his leverage during budget negotiations in late March. He pushed for loosening state education regulations on private religious schools like yeshivas and eventually secured a compromise measure after holding up the talks.

Healthcare Distribution Alliance sues New York over opioid law

On July 6, 2018, the Healthcare Distribution Alliance, a national organization that represents primary pharmaceutical distributors, filed a lawsuit in the United States District Court for the Southern District of New York challenging the state's new law taxing opioid manufacturers that passed as part of the state budget for the 2019 fiscal year. The lawsuit was filed against Attorney General Barbara Underwood and state Health Commissioner Howard Zucker.[20]

Gov. Andrew Cuomo (D) signed the Opioid Stewardship Act on April 13, 2018, and the law went into effect on July 1, 2018. It established the opioid stewardship fund, which imposed a fee on opioid manufacturers and distributors based on the number of opioids they sold the previous year.[21][22]

In the complaint, the Healthcare Distribution Alliance argued that the new law was unconstitutional, saying it placed blame on pharmaceutical manufacturers and distributors for the opioid health crisis. They argued, "The state has no right to single out distributors for punishment, at least not without due process."[20] The alliance said that the fee based on the previous year's sales was a violation of the Fourteenth Amendment because manufacturers and distributors didn't know they would be charged a fee at the time of sale and were unable to change their behavior before the fee went into effect. The complaint also argued that the fee was unfair and arbitrary. "If some entities are able to reduce their surcharges by moving transactions to New Jersey, Pennsylvania, and Connecticut, the financial burden on the remaining entities in New York will increase," the complaint said.[21]

While Attorney General Underwood and Health Commissioner Zucker did not comment on the lawsuit, Gov. Cuomo's office said that "it’s no surprise that Big Pharma will fight tooth and nail to avoid responsibility for the opioid epidemic they helped fuel."[21]

Sexual misconduct in the state capitol

Resignation

  • Attorney General Eric Schneiderman (D): On May 7, 2018, allegations surfaced from four women that Attorney General Eric Schneiderman had struck or choked them without their consent. Following these allegations, Governor Andrew Cuomo (D) and New York National Organization for Women President Sonia Ossorio called for Schneiderman to resign. Several hours later, Schneiderman resigned effective on May 8, 2018.[23][24]
Governor Cuomo said, “My personal opinion is that, given the damning pattern of facts and corroboration laid out in the article, I do not believe it is possible for Eric Schneiderman to continue to serve as attorney general.”[24]
Schneiderman stated, “In the privacy of intimate relationships, I have engaged in role-playing and other consensual sexual activity. I have not assaulted anyone. I have never engaged in nonconsensual sex, which is a line I would not cross.” Later in the evening of May 7, 2018, Schneiderman resigned stating, “It’s been my great honor and privilege to serve as attorney general for the people of the State of New York. In the last several hours, serious allegations, which I strongly contest, have been made against me. While these allegations are unrelated to my professional conduct or the operations of the office, they will effectively prevent me from leading the office’s work at this critical time. I therefore resign my office, effective at the close of business on May 8, 2018.”[23][25]

Allegations

  • State Rep. Jeffrey Klein (D): On January 10, 2018, the Huffington Post published an allegation from former Klein staffer Erica Vladimer that Klein had forcibly kissed her outside a bar in March 2015. State Sen. Diane Savino (D), another IDC member who was dating Klein at the time, was also present. Klein and Savino held a conference call on January 10 where they denied that the incident happened. Klein's lawyer, Michael Zweig, said the following: "...it simply defies credibility and reason to suggest that Sen. Klein would have, in full view of both his longtime girlfriend, numerous staff members, and in the middle of a very visible and public street, assault Ms. Vladimir, as her allegation inaccurately suggest."[26]
Klein invited the Joint Commission on Public Ethics to investigate the case.[27]


See also

Elections New York State Government State Legislatures State Politics
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External links

Footnotes

  1. ↑ WSKG, "Tempers Flare On State Senate Floor; Assembly Passes Gun Measures," March 7, 2018
  2. ↑ New York State Assembly, "Assembly Intends to Pass Package of Common Sense Gun Legislation To Protect New Yorkers from Gun Violence," March 6, 2018
  3. ↑ New York Post, "State Assembly passes five gun control bills," March 6, 2018
  4. ↑ U.S. News & World Report, "New York Senate OKs New Rules on Sexual Harassment," March 12, 2018
  5. ↑ New York Senate, "Senate Passes Comprehensive Strengthening of New York’s Sexual Harassment Laws," March 12, 2018
  6. ↑ New York State Assembly, "S 3698 Summary," accessed March 28, 2018
  7. ↑ Daily Freeman News, "Cahill says bill punishing sanctuary cities in NY state is ‘dead on arrival’ in Assembly," March 23, 2018
  8. ↑ Daily Freeman News, "Cahill says bill punishing sanctuary cities in NY state is ‘dead on arrival’ in Assembly," March 23, 2018
  9. ↑ Governor Andrew M. Cuomo, "Governor Cuomo signs executive order prohibiting state agencies from inquiring about immigration status," September 15, 2017
  10. ↑ Olean Times Herald, "Cuomo's 'red flag' gun bill advances in Assembly," June 14, 2018
  11. ↑ National Rifle Association Institute for Legislative Action, "New York: Red Flag Bill Would Allow School Employees to Initiate Gun Confiscations," June 12, 2018
  12. ↑ JD Supra, "Governor Cuomo Signs 2019 Budget Bill With Significant Provisions Addressing Workplace Sexual Harassment Claims," April 18, 2018
  13. ↑ New York State, "Tuition-Free Degree Program: The Excelsior Scholarship," accessed April 3, 2018
  14. ↑ New York State Assembly, "Approved SFY 2018-19 Budget to Include Anti-Sexual Harassment Measures," April 2, 2018
  15. ↑ 15.0 15.1 Governor Andrew M. Cuomo, "Governor Cuomo Announces Highlights of the FY 2019 Budget," March 30, 2018
  16. ↑ Daily Freeman, "New York state Legislature passes $168.3 billion budget," March 31, 2018
  17. ↑ The Evening Tribune, "Legislators react to 2019 state budget," April 1, 2018
  18. ↑ 18.0 18.1 18.2 National Association of State Budget Officers, "Budget Processes in the States, Spring 2021," accessed January 24, 2023
  19. ↑ National Conference of State Legislatures, "Separation of Powers: Executive Veto Powers," accessed January 26, 2024
  20. ↑ 20.0 20.1 Times Union, "Pharma sues New York over 'unconstitutional' opioid tax," July 11, 2018
  21. ↑ 21.0 21.1 21.2 New York Law Journal, "Opioid Distributors Sue New York State Over Surcharge They Call 'Unconstitutional,'" July 12, 2018
  22. ↑ New York Health Law, "Pharmaceutical Reforms in 2018-19 New York State Budget," April 5, 2018
  23. ↑ 23.0 23.1 The New York Times, "Eric Schneiderman, New York’s Attorney General, Resigns Amid Abuse Accusations," May 7, 2018
  24. ↑ 24.0 24.1 The New York Times, "Eric Schneiderman, New York’s Attorney General, Is Accused of Abusing 4 Women," May 7, 2018
  25. ↑ The New Yorker, "Four Women Accuse New York’s Attorney General of Physical Abuse," May 7, 2018
  26. ↑ Huffington Post, "EXCLUSIVE: New York State Sen. Jeff Klein Accused Of Sexual Misconduct," January 10, 2018
  27. ↑ Newsday, "Cuomo: Investigate sex harassment claim against Sen. Jeff Klein," January 11, 2018
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