New York State Legislature End-of-Session Update

On June 8, the New York State Legislature completed its regular session, having given final two-house passage to a total of 805 bills.

The New York State Conference of Mayors has put together a comprehensive municipal law summary, which includes bills that passed both houses and have an impact on local governments, as well as an update on the final status of several other bills of interest to municipalities that did not receive final passage.

For a complete copy of the summary, click here.

Crime, courts addressed in New York State Budget

Various aspects of the recently passed New York State Budget address issues related to crime and the courts. They include:

Bail Reform. The Budget expands the number of offenses for which bail may be considered. The Budget also directs the court to consider the following list of factors when setting bail:

• the defendant’s activities and history;
• the charges against the defendant;
• past criminal convictions;
• any previous violation of an order of protection;
• a defendant’s potential flight risk;
• a defendant’s ability to post bail without undue hardship;
• a defendant’s history of use or possession of a firearm; and
• whether the charge is alleged to have caused “serious harm” to an individual or group of individuals.

Discovery Reform. District Attorneys are no longer required to provide automatic discovery for cases involving:

• a simplified information charging traffic infraction; or
• an information charging one or more petty offenses defined by a village, town, city, or county municipal code that do not carry a statutorily authorized sentence of imprisonment (defendants may still file a motion for disclosure of evidence in such cases).

In addition, prosecutors will be allowed to file a supplemental certificate of compliance for delayed disclosure of discovery materials.

Violent Crime Initiatives. In addition to establishing an Office for Gun Violence Protection, the Budget includes a variety of program funding purporting to address what the legislature considers “gun violence,” including among others:

• $18.2 million for the Gun Involved Violence Elimination (GIVE) initiative;
• $13.1 million to expand the use of Community Stabilization Units that partner State Troopers with local law enforcement agencies;
• $21 million for community-based gun violence response programs (SNUG);
• $25 million for the Securing Communities Against Hate Crimes (SCAHC) program;
• $10 million in new funding for pretrial services to help divert people from unnecessary detention while also keeping communities safe; and
• $20 million in new funding for crime reduction programming in those communities most impacted by gun violence

.

More on the New York State budget can be found here.

Schuyler County Commemorates Saturday May 1 as “Law Day”

The Schuyler County Legislature has recognized as the Law Day 2021 theme “Advancing the Rule of Law Now.”

The legislature passed a resolution at its April 12, 2021 meeting, recognizing “Law Day” as an occasion of public acknowledgement of our Nation’s heritage of justice, liberty, and equality under the law. The resolution was submitted to the legislature by Schuyler County Attorney Steven Getman.

“The Rule of Law rests upon the idea that no one is so important as to be above the law and conversely no one is so insignificant to be beneath the law,” Getman wrote. “The United States was founded on the principle that adherence to the Rule of Law expands, rather than limits, the opportunities for freedom.”

In passing the resolution, the legislature found that “promoting public understanding of the roots of our freedom are an important component in the civic education of the citizens of the United States, the State of New York and the County of Schuyler.”

The American Bar Association selects an annual theme for each Law Day. Law Day is an annual commemoration first held in 1957 when the American Bar Association envisioned a special national day to mark our nation’s commitment to the rule of law. The following year, President Dwight D. Eisenhower issued the first Law Day Proclamation. Law Day was made official in 1961 when Congress issued a joint resolution designating May 1 as the official date for celebrating Law Day.

A copy of Schuyler County’s resolution “Recognizing and Commemorating May 1, 2021 as ‘Law Day’ in Schuyler County” is available below.

SCHUYLER COUNTY LEGISLATURE... by Steven Getman

Schuyler County to take up resolution on cryptocurrency mining regulations

The Schuyler County Legislature will take up a resolution at its monthly meeting (Monday, April 12), calling on the New York State Department of Environmental Conservation (DEC) to study and develop regulations for cryptocurrency mining.

In addition, the proposed resolution asks the state legislature to mandate that all such cryptocurrency mining operations permitted within the state operate solely on renewable energy, such as wind, solar, geothermal or hydropower.

The resolution was introduced by Legislator Mark Rondinaro (R-District 7). It was drafted by County Planning Director Kristin Van Horn, with input from County Attorney Steven Getman and the County’s Environmental Management Council. It targets mining operations having peak power demand of more than 50 kilowatts.

According to the resolution, cryptocurrency is a digital currency, which is mined through the use of server farms employing data processing equipment. These servers are “highly energy consumptive,” the resolution notes, and mining operations gravitate toward areas with cheap, abundant electricity sources. This type of power generation may not always be regulated under the Climate Leadership and Community Protection Act and New York State does not currently have regulations on cryptocurrency mining, the resolution states.

If passed, copies of Schuyler County’s resolution will be forwarded to state officials, requesting further action on potential regulations.

The resolution is directed at operations statewide and does not single out any specific cryptocurrency mining facility, such as the Greenidge Generation plant and bitcoin mining facility in neighboring Yates County. That facility recently began to mine the cryptocurrency bitcoin and is reportedly seeking a permit from the Town of Torrey Planning Board to expand. Opponents of the expansion claim the additional computers will have adverse impacts on the environment. Greenidge officials have disputed that claim.

The April 12 meeting of the Schuyler County Legislature will be held at 6:30 pm at the County Human Services Complex, 323 Owego Street, Montour Falls, NY. The public is encouraged and invited to attend. All COVID-related social distancing and masking rules will apply.

A complete copy of the proposed resolution can be seen below.

SCHUYLER COUNTY RESOLUTION ... by Steven Getman

Schuyler County proclaims January 2021 as National Trafficking and Modern Slavery Prevention Month.

The Schuyler County Legislature has passed a resolution to raise awareness of, and opposition to, human trafficking and modern slavery.

The resolution, submitted to the legislature by the office of County Attorney Steven Getman, designates January 2021 as National Trafficking and Modern Slavery Prevention Month, “to acknowledge the vital role that the people of the United States have in ending human trafficking and modern slavery, culminating in the observance on February 1, 2021, of National Freedom Day.”  It was passed  by the county legislature at its regular monthly meeting on Monday (December 14).

Human trafficking is a crime in which force, fraud or coercion is used to compel a person to perform labor, services or commercial sex, Getman explained. It affects all populations and all economic classes, including both adults and children.

According to the resolution, human trafficking and modern slavery have been reported and investigated in each of the fifty states.   It calls for “continued partnerships with Federal, State, and local agencies, as well as social service providers and nonprofit organizations to address human trafficking with a collaborative, victim-centered approach; and all other efforts to prevent, eradicate, and raise awareness of, and opposition to, human trafficking and modern slavery.”

According to Getman, the recognition period for National Trafficking and Modern Slavery Prevention Month is because January 1 is the anniversary of the effective date of the Emancipation Proclamation and February 1, “National Freedom Day,” is the anniversary of the date on which President Lincoln sent the 13th Amendment to the Constitution of the United States, which outlawed slavery, to the states for ratification.  The month was first federally recognized in 2010.

Getman noted that citizens who suspect an act of human trafficking in their area, can report a tip to the National Human Trafficking Resource Center Hotline at 1-888-373-7888. This national, toll free hotline is available to answer calls from anywhere in the country.

A copy of Schuyler County’s resolution is available below.

Resolution Supporting the r... by Steven Getman

Schuyler County Legislature to Take Up Resolution Opposing the Issuance of a Permit to Operate A Waste Management Facility in The Town of Cayuta, County of Schuyler.

The Schuyler County Legislature will vote at its October meeting on a resolution opposing a proposed solid waste materials recovery facility in the county.

The resolution passed the legislature’s Community Development and Natural ResourcesCommittee in draft form on Tuesday (September 29, 2020).  It calls upon the Department of Environmental Conservation to reject the proposal of Alternative Waste Services Inc. for a facility in the Town of Cayuta, pending a revised application, additional public comment and “a full, fair and exhaustive environmental review of this project.” 

According to the draft resolution, Alternative Waste Services has proposed building a 10,575 square foot materials recovery facility off NYS Route 13 that would accept municipal solid waste, construction and demolition debris and source-separated recyclables.   The proposal is awaiting final DEC approval.  Earlier in September,  DEC waived a full environmental impact statement after finding that the project would result in no significant adverse impacts on the environment.

Schuyler County Legislature

However, in response to public concern, county officials reviewed the documents submitted to DEC and noted areas of concern with the current application, “which appear to be unaddressed or insufficiently addressed by the DEC review,” the draft resolution notes.  Among the public concerns cited in the draft resolution are that the facility could have potential negative impacts on tourism, agriculture and human health due to truck traffic and water pollution, as well as worries about possible expansion.  Therefore, the draft resolution requests that Alternative Waste Services submit a revised application to address legitimate areas of concern prior to any DEC decision on the project.

 Prior to passing the draft resolution, the committee heard from members of the public who spoke for and against the proposed facility, including a member of the Cayuta Town Board, a representative of Alternative Waste Services and a speaker from Seneca Lake Guardian, a nonprofit advocacy group.

The draft resolution was submitted to the committee by County Planning Director Kristin VanHorn, with input from County Administrator Tim O’Hearn, CountyAttorney Steven Getman and Committee Chairman Mark Rondinaro.

 The full legislature will consider the resolution at its meeting Tuesday October 13, at 6:30 pm at the Schuyler County Human Services Complex in Montour Falls. The public is invited to attend.  COVID-19 social distancing, crowd sizes and other safety measures will be in place.

 A copy of the draft resolution is available here.

Schuyler County Honors Sept. 17 as Constitution and Citizenship Day

The Schuyler County Legislature is recognizing Thursday (Sept 17) as Constitution and Citizenship Day.

The legislature’s resolution, drafted by County Attorney Steven Getman, urges civil and educational authorities of states, counties, cities and towns to make plans for the proper observance of the day and “for the complete instruction of citizens in their responsibilities and opportunities as citizens of the United States, and of the state and locality in which they reside.”

The resolution was approved at the legislature’s Sept. 14 meeting.

Sept. 17 is the anniversary of the signing of the United States Constitution, which, the county resolution notes, "is the supreme law of the land and the document by which the people of this country self-govern."

In remembrance of the signing of the Constitution and in recognition of the Americans who strive to uphold the duties and responsibilities of citizenship, the Congress, by joint resolution on Feb. 29, 1952 (36 U.S.C. 106), designated Sept.17 as Constitution Day and Citizenship Day.

SCHUYLER COUNTY LEGISLATURE... by Steven Getman

Schuyler County to return to in-person meetings.

The Schuyler County Legislature voted Thursday (June 11) to return to in-person meetings.

In order to maintain social distancing, the legislature voted to hold the meetings in the Human Services Complex in Montour Falls, rather than the County Legislative chambers at the Courthouse Complex.

Look for updated schedules and notices pursuant to Open Meetings Law shortly.

Schuyler County officials make request to visitors during COVID-19 crisis: Stay home, keep everyone safe

As part of the effort to slow the spread of the COVID-19 virus, Schuyler County officials are asking potential visitors to the county to follow state and federal instructions and stay home until our nation defeats the pandemic.  

While Schuyler County welcomes its seasonal residents and visitors, Governor Andrew Cuomo has issued a State of Emergency and Schuyler County has done the same.   

This has been done to protect both county residents and potential travelers during this unsettling and frightening time.

Schuyler County Legislature and other officials. 

In normal times, Schuyler County emergency services and medical facilities are capable of providing excellent care, officials noted.  However, because Schuyler County is rural and has a population of approximately 18,000 people, its emergency and medical communities are limited in their ability to serve a large number of patients.   Statewide, reports have surfaced that hospitals near New York City are already reaching capacity and workers on the frontlines are falling ill.

There is currently no travel ban in New York State, nor is there a state requirement that individuals coming back into the state or between counties within the state be quarantined for fourteen days.    

However, travel between communities has been flagged as a factor in spreading the virus.  For example, the state has seen reports of New York City residents retreating to their second homes in the Hamptons, stressing local hospitals and preventing local businesses from providing necessary goods and services.

On Tuesday (March 24) the White House urged anyone who has been in New York City to self-quarantine for 14 days to stop the spread of the coronavirus, which has become widespread in the city.  

Deborah Minor, Public Health Director

In response to federal and state action, county officials will continue to focus efforts on decreasing population density, which has been proven to slow the spread of the virus.  

Schuyler County Public Health Director Deborah Minor alerted any visitor to follow the same precautions set forth for all community members:

·      Stay home as much as possible.

·   If you must go out into our community, practice social distancing by maintaining six feet from one another.

·  If you are ill, isolate yourself and call your healthcare provider.

·      Wash your hands often.

·      If you have symptoms, such as fever, cough, and shortness of breath, seek testing.

Legislature Chairman Carl Blowers thanked county employees for their efforts in fighting the virus and members of the public for their understanding.

“Together we will get through this and protect those at highest risk for serious illness.  Thank you for your understanding in these unusual times.”

Schuyler County recognizes September 17 as Constitution and Citizenship Day

The Schuyler County Legislature has enacted a resolution recognizing September 17 as Constitution and Citizenship Day.

The resolution, drafted by County Attorney Steven Getman, urges civil and educational authorities of states, counties, cities and towns to make plans for the proper observance of the day and “for the complete instruction of citizens in their responsibilities and opportunities as citizens of the United States and of the State and locality in which they reside.” It was passed by the legislature at its September 10 meeting.

September 17 marks the anniversary of the signing of the United States Constitution, which, the resolution notes, "is the supreme law of the land and the document by which the people of this country self-govern."

In remembrance of the signing of the Constitution and in recognition of the Americans who strive to uphold the duties and responsibilities of citizenship, the Congress, by joint resolution of February 29, 1952 (36 U.S.C. 106), designated September 17 as “Constitution Day and Citizenship Day."

The complete text of the resolution appears below.

SCHUYLER COUNTY, NEW YORK: RECOGNIZE SEPTEMBER 17 AS CONSTITUTION AND CITIZENSHIP DAY—COUNTY ATTORNEY by Steven Getman on Scribd