518-436-6673 brescia@nyall.com

Senate bill 7395 (Tedisco) will be on the senate energy committee agenda June 6th at the Senator Tedisco’s request. It will probably be reported to the Committee on Rules. Given the chaos (see below) its fate is uncertain. The bill has no assembly companion and is far superior to A-4089 (Santabarbara) which sought to usurp control of dealer owned tanks during emergencies, to allow customers “at risk” to receive fuel from a dealer who is not the owner of the tank.

Approximately 2 weeks ago a republican senator, Tom Croci, was recalled to active duty, effectively undermining the slight advantage senate republicans had at a 31-31 tie with dems, one of whom, Simcha Felder, caucuses with republicans. The senate has effectively ceased to function leading the majority leader Flanagan to announce his house will leave one week earlier than June 20th.

The legislature must pass some bills to extend local taxing authority that impose temporary increases in sales taxes, occupancy taxes, etc. or leave local govts. short of revenue.

Assembly speaker, Carl Heastie, said he will run the session to June 20, or longer if necessary. However, the assembly calendars show numerous “one-house” bills, most of which passed last year but never secured a senate vote or the introduction of a companion bill. The introduction log now stands at approx. 20,000 bills with more are added daily.

So the senate is doing nothing, the assembly passing mostly bills that will go nowhere, and the typical last minute rush for the two houses to agree and pass bills may not be quite the same this year.

This is an election year which means a primary race for some seats and potential loss of republican control of the senate as several incumbents have announced their intentions retire. The dem/lib/progs believe they can capitalize on the 2 to 1 enrollment edge, Mr. Trump’s low but rising popularity, and a highly motivated constituency of public sector workers apoplectic about the outcome of “Janus” that would establish “open shop” access for those not wishing to pay “agency fees” (union dues) making all states like the 26 that already have ended closed shops. The preponderance of funding for democrats comes from public sector unions.

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