[MUSIC] >> ON THIS WEEK'S EDITION OF NEW YORK NOW.

A NEW JUDGE ON THE STATE'S HIGHEST COURT WE CATCH UP WITH SENATE MAJORITY LEADER ANDREA STEWART-COUSINS.

OUR PANEL BREAKS DOWN THE NEWS OF THE WEEK AND AN UPDATE ON ALCOHOL-TO-GO AND NEW YORK'S FARMS.

I'M DAN CLARK AND THIS IS NEW YORK NOW.

[MUSIC] WELCOME TO THIS WEEK'S EDITION OF NEW YORK NOW.

I'M DAN CLARK.

WE'RE STARTING THE SHOW WITH SOMETHING THAT VERY FEW PEOPLE CARED ABOUT THIS WEEK BUT WAS ACTUALLY A REALLY BIG DEAL.

NEW YORK'S HIGHEST STATE COURT CALLED THE COURT OF APPEALS GOT A NEW JUDGE THIS WEEK.

JUDGE SHIRLEY TROUTMAN WAS CONFIRMED BY THE STATE SENATE.

SHE COMES FROM A MIDDLE TIER COURT IN WESTERN NEW YORK AND IS THE SECOND BLACK WOMAN TO SERVE ON THE COURT OF APPEALS IN ITS HISTORY.

JUST FOR CONTEXT, THE COURT OF APPEALS IS BASICALLY NEW YORK'S VERSION OF THE US SUPREME COURT.

AND IT HAS A LOT OF POWER.

LIKE IN 2004 THE COURT BANNED THE DEATH PENALTY IN NEW YORK.

AND A YEAR BEFORE THAT ANOTHER DECISION FORCED THE STATE TO PUT MORE FUNDING INTO SCHOOLS.

SO IT'S A BIG DEAL.

I ASKED TROUTMAN WHAT IT MEANT TO HER RIGHT AFTER SHE WAS CONFIRMED.

>> I BEGAN MY CAREER AT ALBANY LAW SCHOOL AND TO COME BACK HERE AND TO BE A MEMBER OF THE COURT OF APPEALS AND JOIN OUR CHIEF JUDGE JANET DIFIORE, AND MY NOW COLLEAGUES ON THAT COURT, IS A DAY I NEVER IMAGINED WAS POSSIBLE.

>> AND WITH TROUTMAN ON THE BENCH THE COURT IS NOW FULL AND SHE'LL HEAR HER FIRST CASE NEXT MONTH.

IN THE MEANTIME, LET'S GET INTO THE REST OF THE WEEK'S NEWS WITH OUR PANEL.

KATE LISA IS FROM JOHNSON NEWSPAPERS AND KESHIA CLUKEY IS FROM BLOOMBERG GOVERNMENT.

THANK YOU BOTH FOR BEING HERE.

>> THANKS FOR HAVING US.

>> THANK YOU.

>> I'LL BE HONEST, IT WASN'T THAT BIG OF A WEEK IN TERMS OF WEEK'S NEWS, BUT SOMETHING BIG KIND OF HAPPENED.

SO REDISTRICTING IS GOING ON IN NEW YORK RIGHT NOW.

WHEN WE TALK ABOUT REDISTRICTING, WE'RE TALKING ABOUT DRAWING NEW DISTRICTS IN TERMS OF THE SENATE, THE ASSEMBLY AND CONGRESS.

THIS HAPPENS EVERY 10 YEARS BASED ON THE CENSUS.

OUR POPULATION GROWTH IS NOT GREAT IN NEW YORK, AS WE ALL KNOW.

SO NOW THIS INDEPENDENT REDISTRICTING -- LET'S COUNT HOW MANY TIMES I MISPRONOUNCE THAT -- REDISTRICTING COMMISSION IS DRAWING THESE NEW LINES.

IT DREW THEM -- IT COULDN'T COME TO AN AGREEMENT AS WE'VE TOLD YOU ON THE SHOW HERE BEFORE.

THEY PUT THEM TO THE LEGISLATURE THIS WEEK.

THE LEGISLATURE SAID, NO, GO BACK TO THE DRAWING BOARD, WE ARE NOT GOING TO GO WITH THOSE MAPS.

KESHIA, I DON'T REALLY UNDERSTAND THE PROCESS, WHICH I'M HOPING YOU CAN EXPLAIN.

SO WE'RE IN THIS PART OF THE PROCESS, THE LEGISLATURE HAS REJECTED THE FOUR SETS OF MAPS THAT HAVE GONE BEFORE THEM.

WHAT'S NEXT?

>> UH-HUH.

AND JUST TO KNOW, THIS IS THE FIRST TIME THIS HAS EVER BEEN DONE IN THIS STATE.

SO NO ONE KNOWS WHAT'S GOING ON.

AND IT'S JUST BASED ON THE CONSTITUTIONAL LANGUAGE, WHICH IS PRETTY VAGUE.

SO IT'S KIND OF INTERESTING.

SO THEY SENT THE DEMOCRATIC SET OF MAPS AND REPUBLICAN SET OF MAPS, AND ACTUALLY BOTH OF THEM GOT VOTED DOWN ALMOST UNANIMOUSLY, WHICH IS PRETTY SURPRISING.

SO THEY'RE BASICALLY SENDING THEM BACK TO THIS COMMISSION WHICH HAS NOT AGREED ON ANYTHING IN ITS ENTIRE EXISTENCE.

AND THEY'RE GIVING THEM -- TECHNICALLY THEY HAVE 15 DAYS TO COME UP WITH HOPEFULLY ONE SET OF MAPS.

>> 15 DAYS?

>> 15 DAYS.

>> THEY HAD FOUR MONTHS TO DO IT.

>> I KNOW.

BUT THEY DO TECHNICALLY, THE CONSTITUTION GIVES THEM UNTIL FEBRUARY 28TH AT THE LATEST.

SO THERE'S KIND OF SOME WIGGLE ROOM.

THEY WILL HAVE SOME MORE TIME THE COMMISSION HAS BEEN MUM ON IT SO FAR.

WE'VE NOT HEARD WHETHER THEY'RE GOING TO COME TOGETHER.

I'M NOT SURE WHAT'S GOING TO HAPPEN WITH THAT.

THE PROBLEM IF IT RUNS IN THE LONG END TOWARDS FEBRUARY IS PETITIONING FOR THOSE SEATS STARTS IN MARCH AND PEOPLE WOULDN'T KNOW WHAT SEATS TO PETITION FOR.

SO IT'S REALLY IMPORTANT THAT THE LEGISLATURE KEEPS THIS PROCESS MOVING.

IN THE END, IF THEY DO GET MAPS AND MAYBE ONE SET OR TWO SET, WHATEVER IT IS, THEY'LL SEND IT TO THE LEGISLATURE.

THEY'LL VOTE ON IT.

IF THEY VOTE FOR IT, THOSE ARE THE MAPS.

IF THEY VOTE AGAINST IT, THEN THE LEGISLATURE GETS TO DRAW ITS MAPS AND AGAIN THE LEGISLATURE HAS A SUPERMAJORITY OF DEMOCRATS.

WE ALSO HAVE A DEMOCRATIC GOVERNOR.

SO THE THOUGHT IS THAT THE DEMOCRATS WOULD BENEFIT IN THIS PROCESS.

>> THIS FEELS SO SILLY TO ME.

IT'S VERY QUINTESSENTIAL NEW YORK FOR US TO HAVE THIS INDEPENDENT COMMISSION AND THEN TO STONEWALL BECAUSE HALF THE COMMISSION IS REPUBLICAN APPOINTED, HALF THE COMMISSION IS DEMOCRAT APPOINTED.

SO IN THIS CASE, YOU'RE SAYING THAT THE LEGISLATURE IN THE END, IF THEY REALLY CAN'T AGREE ON ANYTHING, AND THE LEGISLATURE VOTES DOWN, THEY MAY BE NEW MAPS THEY COME UP WITH, THEN THE LEGISLATURE GETS TO DRAW THE LINES?

>> UH-HUH.

>> SO HOW DO THEY DO THAT?

DO THEY JUST BASE IT ON WHATEVER THEY WANT, OR HOW DO THEY COME TOGETHER ON THAT?

>> SO I BELIEVE THAT THEY CAN USE SOME OF THE INFORMATION FROM THE COMMISSION BECAUSE THEY'VE COLLECTED A LOT OF DATA.

THEY'VE HAD A LOT OF PUBLIC HEARINGS ACROSS THE STATE.

SO I THINK THEY CAN USE THAT.

BUT THE LEGISLATURE ACTUALLY HAS ITS OWN COMMITTEE, LATFOR, WHICH HAS BEEN CONTINUING REGARDLESS OF THE INDEPENDENT COMMISSION.

>> OH GREAT.

>> THEY HAVE SOMEONE WHO IS AT THE READY, KNOWS HOW TO DO THIS, HAS THE SOFTWARE AND CAN DRAW THE MAPS.

TYPICALLY IN THE PAST, WHEN THE LEGISLATURE HAS DRAWN THE MAPS, THE CONGRESSIONAL MAPS HAVE GONE TO THE COURTS BECAUSE THE STATE LAWMAKERS REALLY CARED MORE ABOUT THE STATE LINES THAN THE CONGRESSIONAL.

IT WILL BE KIND OF INTERESTING.

BUT THIS YEAR WE'RE RUNNING INTO THE JUNE PRIMARY.

SO IF THIS PROCESS ISN'T DONE IN TIME, LIKE I SAID, THERE WON'T BE SEATS TO RUN FOR.

AND THIS COULD BE JUST A MESS.

SO WE'LL SEE WHAT HAPPENS WITH IT.

>> FEELS LIKE A MESS.

>> IT ALREADY IS A MESS.

>> SPEAKING OF MESSES, THE STATE BUDGET IS NEVER ALL THAT CLEAN.

KATE, I WANT TO GO TO YOU.

THE STATE BUDGET SEASON IS STARTING NEXT WEEK WHEN GOVERNOR KATHY HOCHUL GIVES HER, MAYBE, STATE BUDGET ADDRESS.

IT'S FRIDAY MORNING AND WE DON'T KNOW WHAT SHE'S DOING IN TERMS OF THAT, WHETHER IT'S GOING TO BE JUST A DOCUMENT SHE RELEASES OR A SPEECH.

WHAT ARE YOU LOOKING OUT FOR IN THE STATE BUDGET?

IT'S ALWAYS THIS HUGE THING.

I SHOULD MENTION TO PEOPLE, IT'S NOT JUST SPENDING THAT WE'RE TALKING ABOUT HERE.

LAWMAKERS USUALLY PUT REALLY CONTROVERSIAL ITEMS INTO THE STATE BUDGET WHEN IT PASSES AT THE END OF MARCH, IF IT PASSES AT THE END OF MARCH.

KATE, WHAT ARE YOU LOOKING FOR?

>> SURE, THE GOVERNOR HAD MORE THAN 230 PROPOSALS IN HER STATE OF THE STATE AND THEY WERE KIND OF VAGUE A LITTLE BIT, RIGHT?

LIKE THE DETAILS ARE MISSING LARGELY.

I THINK THAT'S EVERYBODY'S KIND OF EXCITED TO SEE WHAT THE BUDGET WILL HAVE ON ALL THESE DIFFERENT ISSUES SHE BROUGHT UP.

SHE TALKED ABOUT A LOT OF DIFFERENT INVESTMENT IN THE HEALTHCARE WORKFORCE, FOR SMALL BUSINESSES, AS THEY'RE STILL BUILDING AFTER THE COVID PANDEMIC AND THE FALLOUT.

I THINK THAT EVERYONE'S GOING TO BE EXCITED TO SEE WHAT SHE PROPOSES OR THE DETAILS OF WHERE THE GOVERNOR IS PRIORITIZING CHILD CARE AND FUNDING FOR THAT, BECAUSE THAT'S GOING TO BE, I THINK, A BIG STICKING POINT BETWEEN LEGISLATIVE LEADERS.

SO THAT WILL BE INTERESTING TO GET THAT CONVERSATION MOVING A LITTLE BIT.

AND I THINK SOME AFFORDABLE HOUSING DETAILS WOULD BE GOOD TOO.

SO IT'S A LOT YOU'RE RIGHT TO UNPACK AND IT WILL BE INTERESTING ON TUESDAY TO SEE WHAT SHE HAS TO SAY.

>> DEFINITELY HOUSING, THE EVICTION MORATORIUM, THE STATE'S MORATORIUM IS ENDING THIS WEEKEND.

THE GOVERNOR HAS SAID LET'S INVEST IN AFFORDABLE HOUSING BECAUSE THIS IS ENDING I THINK THERE MIGHT NEED TO BE A BRIDGE BETWEEN THOSE TWO THINGS AT SOME POINT.

I GUESS WE'LL SEE.

THAT'S A REALLY GOOD POINT.

SHE SAID SHE WANTED A FIVE-YEAR HOUSING PLAN, I BELIEVE, SOMETHING LIKE THAT.

I'M NOT REMEMBERING CORRECTLY FROM THE STATE OF THE STATE.

KESHIA, WHAT ARE YOU LOOKING FOR IN THIS?

WE COULD TALK ABOUT THIS FOR HOURS.

THE BUDGET IS PACKED WITH SO MANY DIFFERENT THINGS.

SO WHAT'S ON YOUR MIND?

>> A LOT OF THE SIMILAR ISSUES.

AFFORDABLE HOUSING, OF COURSE.

THERE'S SOME TAX ABATEMENTS IN NEW YORK CITY FOR AFFORDABLE HOUSING BUILDERS THAT HAVE FOR DECADES BEEN -- THEY'VE TRIED TO REWORK THEM.

THEY'VE TRIED TO REWORK THEM IN EVERY BUDGET.

AND KATHY HOCHUL IS ACTUALLY SAYING LET'S GET RID OF THEM AND START A NEW PROGRAM, 421A TAX ABATEMENT.

AND SO THAT'S SOMETHING THAT WE'LL BE WATCHING FOR IS THE DETAILS, BECAUSE SHE DIDN'T REALLY PUT IN WHAT SHE WOULD WANT INSTEAD OF THAT OR HOW SHE WOULD REFORM THAT PROGRAM.

AND ALSO CLIMATE CHANGE.

THE STATE CLIMATE ACTION COUNCIL CAME OUT WITH ITS DRAFT PROPOSAL IN THE BEGINNING OF THIS MONTH, END OF LAST MONTH.

AND IT'S GOING TO REQUIRE $10 BILLION IS THE ESTIMATE TO GET THE STATE TO MEET ITS EMISSION GOALS.

AND ENVIRONMENTALISTS ARE SAYING THEY NEED AN ADDITIONAL FIVE.

SO 15 BILLION.

I DON'T KNOW WHERE THAT COMES FROM.

AND AT THE SAME TIME HOCHUL HAS SAID SHE WANTS TO PUT MONEY TOWARDS THE RAINY DAY FUND AND NOT JUST KEEP SPENDING BECAUSE AT SOME POINT THAT FEDERAL AID WILL END.

SO WE'RE GOING TO BE LOOKING AT JUST A HOST OF ISSUES.

>> KATE, 30 SECONDS, THIS NEW DYNAMIC BETWEEN HOCHUL AND THE LEGISLATURE, WE HAVE A NEW GOVERNOR, WHAT DO YOU THINK OF IT, GOING INTO BUDGET SEASON?

>> SURE, YEAH.

I THINK IT'S HOPEFULLY PROMISING THAT WE'LL HAVE MORE CONVERSATION.

LIKE MAYBE THERE WILL BE SOME COLLABORATION BETWEEN THEM SINCE THAT'S WHAT IT SOUNDS LIKE, I GUESS, AT LEAST ANECDOTALLY THAT HOCHUL DOES ENGAGE WITH LAWMAKERS.

I'M GUESSING -- I WOULD HOPE THAT THE NEGOTIATIONS WOULD BE, I DON'T KNOW, MAYBE EVEN WE CAN HOPE FOR A LITTLE MORE FORTHCOMING DETAILS THAN THEY'VE BEEN PUBLIC WITH IN THE PAST.

WE CAN DREAM.

>> I HOPE SO.

HOPE SPRINGS ETERNAL.

WE'LL LEAVE IT THERE.

IT'S GOING TO BE A LONG ROAD AHEAD.

KATE LISA FROM JOHNSON NEWSPAPERS, AND KESHIA CLUKEY FROM BLOOMBERG GOVERNMENT.

THANKS SO MUCH.

ALSO THIS WEEK, DEMOCRATS IN THE STATE SENATE PASSED A PACKAGE OF NEW VOTING BILLS.

AMONG THEM ARE MEASURES THAT WOULD ALLOW VOTER REGISTRATION WITHIN TEN DAYS OF AN ELECTION DROP OFF AN ABSENTEE BALLOT INSTEAD OF MAILING IT AND A LOT MORE.

THOSE BILLS WOULD STILL HAVE TO PASS THE ASSEMBLY TO BECOME LAW.

BUT DEMOCRATS SAY THEY'RE CONFIDENT THEY'LL STRIKE A DEAL.

SENATE ELECTIONS CHAIR ZELLNOR MYRIE.

>> ULTIMATELY FOR THE VAST MAJORITY OF THINGS THAT WE PASS, COME TO AN ACCORD WITH THE HOUSE AND ULTIMATELY GET IT ON THE GOVERNOR'S DESK.

I HAVE NO REASON TO BELIEVE THAT IT WON'T BE THE SAME WITH THESE BUT WE LOOK FORWARD TO ENGAGING OUR COLLEAGUES AND SUPPORTING THEM IN THEIR EFFORTS TO REFORM OUR ELECTION SYSTEM AS WELL.

>> AND VOTING REFORM IS JUST ONE OF A WHOLE BUNCH OF ISSUES THAT DEMOCRATS HOPE TO ADDRESS THIS YEAR.

THEY STILL CONTROL BOTH CHAMBERS OF THE STATE LEGISLATURE AND BY PRETTY WIDE MARGINS.

SO GETTING STUFF THROUGH ISN'T ALL THAT HARD AS LONG AS THEY CAN AGREE ON IT.

AND THERE'S A LOT ON THEIR PLATES FOR THE NEXT SIX MONTHS.

FOR A PREVIEW I SPOKE THIS WEEK WITH SENATE MAJORITY LEADER ANDREA STEWART-COUSINS, A DEMOCRAT FROM WESTCHESTER.

[MUSIC] >> SENATE MAJORITY ANDREA STEWART-COUSINS, THANKS SO MUCH FOR BEING HERE.

>> IT'S ALWAYS GOOD TO BE HERE.

HAPPY NEW YEAR.

>> HAPPY NEW YEAR TO YOU TOO.

IT'S A NEW SESSION.

NEW YEAR.

YOU PASSED VOTING REFORMS THIS WEEK.

I KNOW YOU HAVE A BIG AGENDA FOR THE WEEK IN THE SENATE IN TERMS OF DEMOCRATS WHO STILL CONTROL THE SENATE.

CAN YOU TELL ME WHAT'S ON THAT LIST?

WHAT ARE YOU LOOKING FORWARD TO IN TERMS OF TACKLING IN THIS LEGISLATIVE SESSION.

I KNOW THE LIST IS LONG AND YOU HAVE A LOT TO GET TO IN A VERY SHORT AMOUNT OF TIME.

>> WELL, THAT'S ONLY BECAUSE YOU KNOW HOW MUCH WE GET DONE IN ANY GIVEN YEAR.

WE ARE REALLY VERY, VERY PROUD OF THE AMOUNT OF WORK WE DO ON BEHALF OF THE PEOPLE OF NEW YORK.

BUT I WILL JUST BRIEFLY STOP AND SAY YOU'RE RIGHT.

WE DID START WITH VOTING.

WE ALWAYS START, SINCE WE'VE TAKEN THE MAJORITY, IN 2019, WE ALWAYS START WITH VOTING, BECAUSE WE ALWAYS WANT TO PAY HOMAGE TO THE PEOPLE WHO SENT US HERE, AND THEY SENT US HERE THROUGH THE POWER OF THEIR VOICE AND THE POWER OF THEIR VOTE.

WE DO REALLY TAKE THAT SERIOUSLY.

OF COURSE, AS WE GO ON, THE GOVERNOR GAVE HER STATE OF THE STATE.

SHE WILL BE PRESENTING HER BUDGET NEXT WEEK.

SO OBVIOUSLY WE'LL BE VERY MUCH FOCUSING ON BUILDING THE ECONOMY HERE IN NEW YORK WHICH WE ALSO KNOW DEPENDS SO MUCH ON US BEING ABLE TO FINALLY TACKLE THIS COVID PANDEMIC, AND WE ARE HOPING, OBVIOUSLY, THAT WE WILL BE PEAKING AS IT RELATES TO THIS SURGE SOONER THAN LATER, AFTER HOLIDAYS.

BUT AGAIN, WE HAVE TO BE SENSIBLE.

AND WE DO HAVE TO MAKE SURE WE TAKE ADVANTAGE OF THE TOOLS THAT WE HAVE.

IT WILL MAKE SURE THAT PEOPLE ARE ABLE TO GET BACK TO WORK.

OUR KIDS ARE IN SCHOOL.

WE'RE ABLE TO CONTINUE AGAIN TO BUILD THE ECONOMY AND DO THE THINGS THAT NEW YORKERS WANT TO DO.

>> SO COVID, YOU'RE RIGHT, IT REALLY IS TOP OF MIND FOR EVERYBODY, INCLUDING THOSE IN THE LEGISLATURE.

THE GOVERNOR HAS BEEN IN OFFICE FOR ABOUT FIVE MONTHS NOW.

SHE TOOK OFFICE IN AUGUST.

WHAT DO YOU THINK OF HER RESPONSE TO COVID?

SOME HAVE BEEN CRITICAL BECAUSE OF THIS BIG WAVE OF OMICRON THAT WE HAVE, REALLY BIG INFECTION RATES AND HOSPITALIZATIONS.

WHAT DO YOU THINK OF THE GOVERNOR'S COVID-19 RESPONSE AS OF NOW?

>> I APPRECIATE THE FACT THAT SHE'S RESPONDING AS THE ISSUES PRESENT THEMSELVES, WHETHER NURSING HOMES, WHETHER IT'S HOSPITALS.

AND AGAIN SHE CONTINUES TO CHAMPION THE USE OF THE TOOLS WE HAVE, INCLUDING AGAIN THE VACCINES, THE BOOSTERS.

SHE HAS MADE SURE THAT THE STATE HAS PROVIDED COUNTY, GOVERNMENT, AS WELL AS LOCAL GOVERNMENTS WITH MASKS AND TEST KITS AS THEY BECOME AVAILABLE.

I CERTAINLY DON'T HAVE A CRITICISM OF THE GOVERNOR AS RELATES TO HOW SHE'S HANDLING THIS.

I DO BELIEVE IF WE JUST PAY ATTENTION TO ALL OF OUR HEALTH WE WILL BE ABLE TO GET PAST THIS.

>> THERE'S A CONFLICT RIGHT NOW BETWEEN -- THERE'S TWO SIDES OF THIS IN TERMS OF SCHOOLS I WANT TO TALK ABOUT WITH YOU.

SO SOME PEOPLE THINK THAT SCHOOLS SHOULD GO FULL REMOTE AGAIN GIVEN THE RECENT SURGE.

OTHERS THINK THEY SHOULD STAY IN-PERSON BECAUSE YOU AND I BOTH KNOW THAT IN-PERSON INSTRUCTION IS REALLY IMPORTANT FOR STUDENTS BOTH FOR SOCIALIZATION AND LEARNING IN GENERAL.

IT'S JUST BETTER FOR THEM.

WHAT DO YOU THINK ABOUT THAT?

SHOULD SCHOOLS STAY IN-PERSON RIGHT NOW GIVEN THE SURGE OR WOULD YOU LIKE TO SEE ANY KIND OF SHIFT TO REMOTE?

>> YOU KNOW, I ALWAYS -- CERTAINLY WHAT WE'VE LEARNED FROM COVID IS THAT IF YOU HAVE REMOTE OPTIONS, IT'S GOOD.

THAT'S JUST A FACT.

I DON'T ARGUE, HOWEVER, WITH THE PREMISE THAT CHILDREN ARE BEST OFF IN SCHOOL.

THEY ARE BEST OFF BEING ABLE TO HAVE SOME SORT OF ROUTINE.

AND AGAIN WE'VE SEEN THAT MANY PLACES DO NOT HAVE THE INTERNET ACCESS AND THE LEARNING GAPS, ESPECIALLY AROUND COMMUNITIES OF COLOR, POOR COMMUNITIES, SO ON AND SO FORTH.

REALLY THINGS YOU'RE NOT GOING TO GET BACK.

SO I UNDERSTAND WHY PEOPLE ARE TRYING TO KEEP SCHOOLS OPEN AND KIDS IN SCHOOL.

THERE'S NOT A ONE-SIZE-FITS-ALL CLEARLY.

I'M ALWAYS LOOKING AT DATA.

I'M ALWAYS LOOKING AT THE SCIENCE.

I BELIEVE THAT THE PEOPLE WHO ARE IN CHARGE OF THESE THINGS ARE TOO.

AND WE HAVE FLEXIBILITY.

I'M SURE THAT WE WILL USE IT AS IT IS REQUIRED.

BUT LISTEN, TO THE EXTENT WE CAN KEEP SCHOOLS OPEN AND SAFE, WHICH IS OBVIOUSLY THE UNDERPINNING OF ALL, THAT WE CAN KEEP SCHOOLS OPEN AND SAFE WE OUGHT TO DO IT.

>> SPEAKING OF DATA.

WE HAVE SOME DATA NOW ON PRETRIAL ARRESTS, JUST TO SHIFT TO A VERY DIFFERENT TOPIC.

>> YOU KNOW WHAT, THEY'RE RELATED.

>> THEY ARE RELATED.

>> THAT'S WHY WE FOCUS SO MUCH ON EDUCATION, BECAUSE WHAT THEY TELL YOU IS THAT THE LIKELIHOOD OF YOU BEING IN A BAD SITUATION IS GENERALLY LINKED TO WHETHER OR NOT YOU'VE BEEN ABLE TO GET AN EDUCATION.

SO IT IS A SAD SEGUE, BUT IT IS IN REALITY CONNECTED.

>> IN TERMS OF CRIME, WE DO SEE A SPIKE IN NEW YORK.

WE SEE A CRIME SPIKE NATIONWIDE.

YOU SAID LAST WEEK AFTER THE GOVERNOR'S STATE OF THE STATE THAT THERE'S NO APPETITE RIGHT NOW IN YOUR CONFERENCE TO CHANGE THE STATE'S BAIL REFORM LAWS AGAIN.

THEY WERE IMPLEMENTED IN 2020 AND THEN CHANGED IN 2021.

SO I KNOW THAT REPUBLICANS ARE GOING TO USE THIS AS A TALKING POINT THROUGHOUT THE LEGISLATIVE SESSION.

IF NOT CHANGING BAIL REFORM, HAS YOUR CONFERENCE DISCUSSED ANY IDEAS ON HOW TO ADDRESS THAT SPIKE IN CRIME?

IT'S SOMETHING THAT I KNOW IS ON THE MINDS OF NEW YORKERS, AND SOMETHING THAT'S IMPORTANT TO EVERYBODY.

>> WHAT I'D LIKE TO DO, DAN, IS TO DELINK THE SPIKE IN CRIME WITH BAIL REFORM BECAUSE, AS YOU SAID, THE SPIKE IN CRIME IS NATIONAL.

AND OUR BAIL REFORM LAWS ARE CERTAINLY NOT RESPONSIBLE FOR A SPIKE IN CRIME ACROSS THE COUNTRY.

WE DID THIS REFORM NOT BECAUSE WE WOKE UP ONE MORNING AND DECIDED IT WAS A GOOD THING TO DO AND WE DID A, LET'S DO B.

WE DID IT BECAUSE IT HAS LONG BEEN RECORDED THAT THERE HAS BEEN AN EXTREME DISPARITY IN THE TREATMENT OF PEOPLE IN THE CRIMINAL JUSTICE SYSTEM WHO ARE POOR, WHO ARE BLACK, WHO ARE BROWN.

AND PART OF WHAT WE SAW IS THAT THIS DISPARATE TREATMENT HAPPENED LARGELY AROUND BAIL WHERE YOU HAD, AGAIN, KALIEF BROWDERS OF THE WORLD, SOMEONE ACCUSED OF STEALING A BACKPACK, STUCK IN JAIL FOR YEARS.

ULTIMATELY TAKING SUCH A TOLL ON HIS MENTAL HEALTH THAT HE COMMITTED SUICIDE BECAUSE HE DIDN'T HAVE ENOUGH MONEY TO GET OUT ON BAIL.

WE DON'T WANT TO CRIMINALIZE POVERTY.

THE REALITY IS THAT, AS I SAID, I LIKE DATA.

THE DATA HAS STARTED TO COME IN.

AND THEY ARE SAYING THAT 98% OF THE PEOPLE WHO ARE OUT WITHOUT BAIL ARE NOT COMMITTING ANOTHER VIOLENT CRIME.

SO THAT'S 98%.

AND I CAN'T TELL YOU, FRANKLY, HOW MANY BEFORE WE DID BAIL REFORM CAME OUT EVEN AFTER THEY PAID BAIL AND DID SOMETHING HORRIBLE.

BUT I CAN TELL YOU THAT WHEN YOU HOLD SOMEBODY WHO'S POOR IN JAIL BECAUSE THEY'VE BEEN SUSPECTED OF AGAIN STEALING A BACKPACK, THEY LOSE THEIR JOBS; THEY LOSE THEIR HOUSING.

SO MUCH IS LOST IN THE INTERVENING TIME.

AND AGAIN GOING BACK TO EDUCATION.

BOLSTERING OUR EDUCATIONAL OPPORTUNITIES.

WE'VE DECIDED AS OF LAST YEAR THAT WE'RE MAKING UNIVERSAL PRE-K UNIVERSAL NOT JUST A NEW YORK CITY THING BECAUSE WE UNDERSTAND THAT IT'S IMPORTANT THAT YOUNG PEOPLE FROM THE BEGINNING HAVE A SERIOUS FOUNDATION THAT WILL ALLOW THEM TO LEARN AND TO REALLY BE ABLE TO CONTRIBUTE WHAT THEY SHOULD BE ABLE TO CONTRIBUTE IF THERE'S A SOCIETY THAT IS EMBRACING THEIR POTENTIAL AT THE BEGINNING.

I'M NOT UNWILLING TO LISTEN TO ANY CONVERSATIONS ABOUT ANYTHING GOING FORWARD.

BUT I WANT TO MAKE SURE THAT WE DELINK CRIME AND BAIL REFORM, THAT WE LOOK AT THE DATA AS IT RELATES TO BAIL REFORM, THAT WE FIGHT CRIME BECAUSE WE ALL WANT TO SEE CRIME GO DOWN.

BUT WE ALSO FOCUS ON MAKING SURE THAT THE COMMUNITIES HAVE SUPPORT SO THAT HOPEFULLY THIS WHOLE CONVERSATION ABOUT CRIMINALITY WILL BE ONE THAT WE DON'T HAVE TO PAY THAT MUCH ATTENTION TO.

>> ALL RIGHT.

WELL, WE WILL BE WATCHING TO SEE HOW IT PLAYS OUT.

IT'S GOING TO BE A REALLY FUN YEAR.

WE'LL BE WATCHING.

>> EVERY YEAR HAS BEEN A FUN YEAR SOMEHOW OR ANOTHER.

>> EXACTLY.

SENATE MAJORITY LEADER ANDREA STEWART-COUSINS.

THANK YOU SO MUCH.

>> THANK YOU SO MUCH.

>> AND WE'LL HAVE AN EXTENDED EDITION OF THAT INTERVIEW UP ON OUR WEBSITE.

AS ALWAYS THAT'S AT NYNOW.

ORG.

NOW TURNING TO SOME OTHER NEWS GOVERNOR KATHY HOCHUL SAYS SHE SUPPORTS THE RETURN OF ALCOHOL-TO-GO.

REPORTER DARRELL CAMP IS HERE WITH MORE.

DARRELL.

>> THAT'S RIGHT, DAN.

ALCOHOL-TO-GO IS ONE OF SEVERAL ISSUES THAT LAWMAKERS LEFT BEHIND WHEN THEY LEFT ALBANY LAST YEAR.

IT WAS PUT IN PLACE DURING THE PANDEMIC BUT EXPIRED IN JUNE.

IT ALLOWED RESTAURANTS TO SELL MIXED DRINKS FOR CUSTOMERS TO TAKE HOME, OR HAVE DELIVERED TO THEM.

DURING HER STATE OF THE STATE ADDRESS LAST WEEK, GOVERNOR KATHY HOCHUL VOICED HER SUPPORT OF THAT MEASURE.

>> WE'RE ALSO GOING TO DO SOMETHING THAT OUR BARS AND RESTAURANTS HAVE BEEN ASKING FOR; TO ONCE AGAIN ALLOW THE SALE OF TO-GO DRINKS, A CRITICAL REVENUE STREAM DURING THE LEAN TIMES OF LAST YEAR.

>> RESTAURANTS HAVE CONTINUED TO STRUGGLE AS THE PANDEMIC CONTINUES PARTLY BECAUSE PEOPLE STILL AREN'T GOING OUT TO EAT LIKE THEY DID PRECOVID.

RELIEF FUNDS TO HELP RESTAURANTS WERE MADE AVAILABLE EARLY ON BUT MANY SAY IT WASN'T ENOUGH TO COVER THEIR COSTS.

ALBANY AREA RESTAURANT OWNER DOMINICK PURNOMO SAYS HAVING ANOTHER WAY TO MAKE MONEY WOULD MAKE A HUGE DIFFERENCE.

>> AS WE'RE NOW GOING INTO YEAR THREE OF COVID, RESTAURANTS CONTINUE TO BE BATTERED AS AN INDUSTRY AS A WHOLE.

SO HAVING THIS LIFELINE ALLOWS RESTAURANTS TO CONTINUE TO BRING IN ANOTHER REVENUE STREAM.

>> LIQUOR STORES HAVE BEEN OPPOSED TO THIS MEASURE FROM THE BEGINNING, SAYING FEWER PEOPLE WOULD BUY FROM THEM IF THEY COULD GET ALCOHOL TO GO.

BUT LAWMAKERS ALSO HAD OTHER CONCERNS LAST YEAR.

ASSEMBLYMEMBER PAT FAHY SPONSORS A BILL THAT WOULD BRING BACK ALCOHOL-TO-GO.

>> THAT IS NOT THE CASE.

THE REGULATIONS HAVE BEEN VERY TIGHTENED UP ON THIS THAT THAT DRINK HAS TO BE SEALED UNTIL THE ORDER, THE FOOD ORDER IS DELIVERED, AND YOU CAN ONLY ORDER THOSE DRINKS TIED TO FOOD.

>> SO DURING THE PANDEMIC ALCOHOL-TO-GO WAS ALLOWED FOR RESTAURANTS BUT ALSO CRAFT BREWERS AND DISTILLERS.

HOCHUL'S PROPOSAL WOULD ONLY APPLY TO RESTAURANTS LEAVING THOSE OTHER BUSINESSES OUT.

JOHN CURTIN WHO OWNS ALBANY DISTILLING COMPANY SAYS IT WOULD HELP IF THE STATE ALLOWED THEM TO SHIP DIRECTLY TO THE CONSUMER.

RIGHT NOW THAT'S NOT THE CASE.

>> THE STATE REGULATES WHAT WE CAN DO WITHIN THE BORDERS OF NEW YORK, BUT WHEN IT COMES TO INTERSTATE COMMERCE, IT'S ALL OVER THE BOARD.

FOR EXAMPLE, I CAN SELL TO A RETAILER IN CALIFORNIA, AND THEY COULD SHIP BACK TO MY NEIGHBOR HERE IN ALBANY, SO IT'S JUST ADDING AN EXTRA LAYER OF COMPLICATION AND NOT REALLY ACCOMPLISHING ANYTHING.

>> WITH MORE AWARENESS OF THE ISSUE EARLIER IN THIS YEAR'S SESSION, ADVOCATES ARE FEELING OPTIMISTIC ABOUT THE CHANCES OF ALCOHOL-TO-GO PASSING BEFORE THE END OF SESSION.

>> ALL RIGHT, THANKS, DARRELL.

SOMETHING TO LOOK FOR.

AND SOMETHING ELSE WE'RE TRACKING FOR YOU IS THE FUTURE OF NEW YORK'S FARMS.

THE STATE IS CONSIDERING DROPPING THE OVERTIME THRESHOLD FOR FARMWORKERS FROM 60 HOURS DOWN TO 40 HOURS.

THAT'S UP TO A STATE WAGE BOARD CONVENED BY THE DEPARTMENT OF LABOR.

YOU'LL REMEMBER WE WENT DEEP INTO THAT ISSUE DURING OUR FUTURE OF WORK SERIES HERE ON NEW YORK NOW.

AND NOW THE WAGE BOARD HAS STARTED ITS WORK ON THE ISSUE HOLDING THE FIRST OF THREE PUBLIC HEARINGS ON THE QUESTION.

TAKE A LOOK.

>> IT'S ROUND TWO FOR NEW YORK'S FARMS- THE STATE WILL SOON DECIDE- IF FARMWORKERS SHOULD NOW BE PAID OVERTIME AT 40 HOURS - INSTEAD OF THE CURRENT 60 HOURS.

THE SAME QUESTION CAME UP LAST YEAR- BUT A WAGE BOARD CONVENED BY THE STATE- KICKED THE CAN DOWN THE ROAD- UNTIL NOW.

STATE LABOR COMMISSIONER ROBERTA REARDON.

>> AS YOU RECEIVE PUBLIC TESTIMONY, YOU ARE ENCOURAGED TO TAKE HEED AND UNDERSTAND THE LESSONS LEARNED IN THE PAST YEAR AS FARMERS AND FARM LABORERS HAVE BEEN FORCED TO ADAPT TO THE UNPREDICTABILITY OF THE COVID 19 PANDEMIC.

>> IT BOILS DOWN TO ONE QUESTION.

IS LOWERING THE OVERTIME THRESHOLD FOR FARMWORKERS THE RIGHT THING TO DO AND COULD FARMS PAY FOR IT IF THAT HAPPENS?

JOHN DICKINSON- A DAIRY FARMER WHO CHAIRS THE NORTHEAST DAIRY PRODUCERS ASSOCIATION- SAID THAT- EVEN POST-PANDEMIC- THE ADDED COST- WOULD BE UNSUSTAINABLE.

>> TO CHANGE IT TO 40 WILL BE A CULTURAL CHANGE AND I DO NOT -- NO BUSINESS CAN AFFORD TO PAY OVERTIME ON THE THIRD OF THEIR EMPLOYEE HOURS, NO BUSINESS REGARDLESS OF WHAT KIND OF INDUSTRY IT IS.

>> BUT WORKERS WHO TESTIFIED BEFORE THE WAGE BOARD- WERE MIXED ON THE CHANGE.

FARMERS AGAINST A LOWER OVERTIME THRESHOLD HAVE SAID THEY'D HAVE TO CAP HOURS AT 40 A WEEK TO AVOID THE NEW COST.

THAT'S BAD NEWS FOR WORKERS WHO WANT AS MANY HOURS AS POSSIBLE- LIKE A LOT OF SEASONAL STAFF.

BUT OTHER WORKERS SAY IT WOULD BE A HUGE RELIEF.

CARLOS CARDONA HAS WORKED ON A DAIRY FARM IN NEW YORK FOR THE LAST 11 YEARS.

>> I LEAVE TO WORK AND I COME BACK AFTER SIX.

I ONLY SPENT AN HOUR AND A HALF AN HOUR AND A HALF WITH MY KIDS THEN BACK TO REST TO GET UP IN THE MORNING NEXT DAY.

>> AND WHILE MOST FARMERS WHO TESTIFIED WERE AGAINST THE CHANGE SOME CAME OUT IN SUPPORT.

TODD CAVALLO MAKES WINE AND CIDER IN THE HUDSON VALLEY.

AND HE SAYS THAT FARMWORKERS DESERVE THE SAME OVERTIME STANDARDS AS EVERYONE ELSE.

THERE IS NO OTHER INDUSTRY IN NEW YORK THAT SETS OVERTIME AT 60 HOURS.

>> I KNOW THAT WE CAN FIGURE THIS OUT.

AND I THINK THAT EVERYONE SHOULD BE ABLE TO OPERATE IN A WAY THAT IS FAIR TO THEM AND IS FAIR TO THE WORKERS IN NEW NEW YORK STATE.

>> FOR A LOT OF FARMERS, IT'S NOT THAT SIMPLE.

THE PRICE OF SOME GOODS- LIKE MILK- IS SET BY THE GOVERNMENT.

SO IT'S TOUGH TO GROW REVENUE.

MIKE MCMAHON IS A DAIRY FARMER FROM CORTLAND COUNTY.

HIS WORKERS PRODUCE 22 MILLION POUNDS OF MILK EVERY YEAR.

AND HE SAID HE'S AFRAID HE'LL LOSE WORKERS IF HE CAN'T AFFORD TO PAY THEM MORE IN OVERTIME.

>> MANY OF OUR EMPLOYEES ARE LONG, LONG TERM AND LOYAL.

BUT THEY'RE HERE TO MAKE MONEY.

AND IF THEIR EARNINGS DECREASE BECAUSE WE MUST REDUCE THEIR HOURS TO CONTROL COSTS.

THEY WILL SEEK GREENER PASTURES IN OTHER STATES.

>> THERE'S ALSO THE OPTION OF A PHASE-IN - MEANING THE OVERTIME THRESHOLD WOULD GO DOWN, BUT OVER A NUMBER OF YEARS.

LAURA COLLAGIN, A VEGETABLE FARMER FROM ERIE COUNTY, SAID THAT WOULD HELP FARMERS ADAPT TO THE NEW COST WHILE HANDING WORKERS NEW RIGHTS OVER TIME.

>> I'D SUPPORT BRINGING THE OVERTIME THRESHOLD FOR FARM WORK DOWN TO 40 HOURS PER WEEK BY URGE THE WAGE BOARD TO DO SO MORE GRADUALLY, SLOWLY BRING THE THRESHOLD DOWN FROM 60 TO 40 HOURS IN MULTIPLE STEPS AND WITH AMPLE WARNING.

>> AND THE WAGE BOARD HAS TWO MORE VIRTUAL HEARINGS SCHEDULED.

THEY'RE BOTH NEXT WEEK.

WE'LL HAVE THE DETAILS ONLINE.

BUT UNTIL THEN, THANKS FOR WATCHING THIS WEEK'S NEW YORK NOW.

HAVE A GREAT WEEK AND BE WELL.

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