By Dan Murphy
The New York State legislative session ended for the summer with several key issues approved, like driver’s licenses allowed for undocumented residents, but other issue unresolved, like legalizing marijuana and permitting its sale.
This was the first year under a democratic-controlled State Senate, and together with Gov. Andrew Cuomo and a supermajority of democrats in the Assembly, a long list of progressive issues were approved including reducing carbon emissions, decriminalization of marijuana (but not the legalization or permissive sale of it), early voting, campaign finance limits, a ban on plastic bags, and a state law guaranteeing abortion rights.
All of these issues were put together into a “Big Ugly” bill with one vote, the governor’s signature, and then the summer recess. The biggest issue that was passed was the vote that made New York the 13th state to grant driver’s licenses to undocumented immigrants, an issue that immigration advocates hailed but many New Yorkers either disagree with or do not understand.
Carola Bracco, executive director of Neighbors Link in Westchester, voiced her support of the passage of the Green Light Bill.
“Passing the Green Light bill is a win-win for the safety and benefit of all New Yorkers,” she said. “Hard working immigrants will be able to access a driver’s license to drive to work or take their children to school and doctor’s appointments without fear that a minor stop will lead to detention or even deportation. Neighbors Link is grateful to all the advocates who attended rallies and wrote or called their elected officials. And we are especially grateful to Senate Majority Leader Andrea Stewart-Cousins for showing the leadership required for bringing this to a vote and to all the elected officials who championed this bill.”
Several county clerks in upstate New York are objecting and refusing to comply with the new law, which takes effect in November, claiming that it conflicts with federal immigration law that prohibits employers from hiring immigrants they know are undocumented.
“You are asking me to give a government document to somebody who is in our country breaking federal law. That is 100 percent wrong,” said Joseph Jastrzemski, the Niagara County clerk. “It compromises my oath of office to defend the Constitution.”
More than 50 county clerks in upstate will determine how they will proceed in July.
New York State Attorney General Letitia James said her office will defend the law in court if it is challenged. “The law is well crafted and contains ample protections for those who apply for driver’s licenses,” she said.
Supporters of the Green Light Bill have argued that the state will see increased revenues from the new drivers’ licenses and can use that money to help county Department of Motor Vehicles offices, or county clerks, hire additional staff. One estimate shows that the state will get $57 million in additional revenue, and $26 million in one-time revenue from applications for driver’s licenses.
Immigrant advocacy groups will also defend the constitutionality of the law in court if needed, and compared the rebellion by upstate clerks to what happened in Kentucky when a county clerk refused to issue marriage licenses to same-sex couples.
A six-month waiting period proceeds the time before Green Light becomes law, Dec. 14. Monday, Dec. 16 will be opening day for Green Light, and the first time that undocumented residents can apply for a driver’s license.
Undocumented residents will have to apply for a permit and then take a road test, after filing out an application at the DMV, and present acceptable documentation – either a passport, or foreign driver’s license. Proof of residence will also be required by presenting a utility bill or other document with the name and address of the applicant. The DMV cannot share any information with U.S. immigration officials, and Immigration and Customs Enforcement, without a court order.
Westchester State Senator and Senate Majority Leader finished her first legislative session as leader in 2019, stating, “This was the most historic and productive legislative session in New York state history, period.”
Westchester State Sen. Alessandra Biaggi, who represents Pelham, said the new sexual harassment laws, which make it easier to prove “severe or pervasive” and bring the accused to court, added: “Today’s victory is a culmination of the blood, sweat and tears of courageous survivors, fierce advocates and dedicated lawmakers.”
Not every issue was agreed upon or passed in the final days of the session in Albany. State prison reforms for solitary confinement did not receive a vote, and efforts to legalize marijuana failed as lawmakers did agree to decriminalize possession of pot and expunge the records of 600,000 New Yorkers who have pot possession records.
Voting rights advocates called for the passage of automatic voter registration, voting rights for persons on parole, and other reforms. Ossining Town Supervisor Dana Levenberg and County Legislator Catherine Borgia supported the changes, which were not approved .“We in local and county government believe that the ballot really belongs to the voter, not to the government,” said Levenberg. “We want to make sure that we make it easier for people to be able to be voters.”
In January, the NYS Legislature passed – and Cuomo signed into law – early voting, consolidation of primaries, pre-registration of 16- and 17-year-olds, and registration portability, which allows New Yorkers who move within the state to have their voter registration automatically updated via the U.S. Postal Service.
Another item that did not pass was prevailing wage legislation, which would have required project labor agreements, PLA, for construction projects that take advantage of IDA tax incentives or PILOT programs with local tax dollars.
The Business Council of Westchester opposed the legislation. “Through our Westchester Coalition to Save Smart Development, we have worked tirelessly over the last six months to present the reasons why requiring prevailing wage for development projects receiving any form of financial incentive from the state would have a catastrophic impact on job creation and economic development,” said Marsha Gordon, BCW president and CEO. “We are thankful that in the end, the bill did not go to a vote.”
BCW Executive Vice President and Chief Operating Officer John Ravitz added: “For the last seven years the BCW has opposed prevailing wage legislation because we recognized the negative impact on future economic development. This year’s version of the bill, however, was even more onerous than in the past and had a stronger base of legislative support. That’s when we brought together the development community for a larger-scale outreach effort.”
Ravitz said the coalition met with members of the governor’s office, as well as the Assembly and Senate, including the prime sponsors of the bill, and held roundtable discussions with members of the Westchester legislative delegation. Additionally, members of the coalition met with labor leaders in an effort to find areas of agreement.
