Budget Throes

Sticky NY Spending Issues, DC Dems Strife & Midterm Woes

Author

Jack O’Donnell
March 24, 2025

Good morning from Albany, New York, where the deadline for the Executive Chamber and Legislature to produce a final budget proposal is now one week away. There is broad consensus about much of the budget, which was proposed without many of the high-profile, controversial proposals that have defined—and delayed—past budgets. Nonetheless, there are still a few thorny issues for the various sides to work through.

Involuntary Commitment

Governor Kathy Hochul’s Executive Budget proposal included an expansion of New York’s involuntary commitment laws, a change that would allow clinicians to take into account an individual’s ability to provide for their essential needs, including food, clothing, medical care, and safety when deciding if the individual should be admitted to the hospital. Hochul’s proposal was in response to a spate of violent incidents on the New York City subway, and her office has insisted these reforms are necessary to protect those living with severe mental illness as well as provide for public safety for everyday New Yorkers. Senate Majority Leader Andrea Stewart-Cousins said her conference is committed to increasing resources for mental health but stopped short of endorsing Hochul’s plan, offering, “These are things that are going to be discussed at length. We understand that the people are rightfully concerned, and we are too, which is why we invested more in mental health. We just want to make sure we get it right, and it will be a broader conversation.” Lawmakers in the Assembly also raised concerns about the state’s lack of in-patient psychiatric beds, many of which were converted to hospital beds during the pandemic. Assembly Member Jo Anne Simon, Chair of the Assembly Mental Health Committee, shared, “A lot of people are very troubled by the proposals. The reality is that the public thinks if you are hospitalized, you’ll get treatment. You don’t get treatment; you get stabilized.” The Executive Chamber has pushed back on those concerns, pointing to past investments in mental health resources and highlighting forty-three other states that have similar laws.

Gov. Kathy Hochul wants to "streamline" NY's discovery law. Some say she's trying to kill it.

Discovery Law

Hochul’s budget also proposed changes to New York’s discovery laws, proposals that met with opposition from many criminal justice advocates and were omitted by both the Assembly and Senate. The proposed changes would make it more difficult for cases to be thrown out under the state’s speedy trial law because of minor discovery issues, a practice Hochul claims defense lawyers have skillfully used to have charges dismissed. Under current law, if a prosecutor is found to have violated discovery compliance, the time between the original certification and the challenge is counted against the prosecution under the Speedy Trial Act, sometimes resulting in serious cases being thrown out for minor technicalities. The District Attorneys Association of the State of New York (DAANY) and the Legal Aid Society have both supported Hochul’s plan, with DAANY President Michael McMahon saying the current law “robs the victims of crime from ever receiving justice and is the direct cause of the rampant recidivism we all know and loathe today as dangerous criminals escape accountability and consequence for their criminal action.”

Rather than supporting Hochul’s plan, the Legislature is more interested in providing additional resources for prosecutors to aid in compliance rather than weakening the law. State Senator Zellnor Myrie and Assembly Member Micah Lasher proposed a bill that would give prosecutors direct access to police databases in order to obtain evidence and subsequently turn it over more quickly. Speaking to reporters, Myrie said, “As Codes (Committee) chair, I think it’s important for me to be listening to all of the parties and all of the stakeholders. As you know, we're gonna be having our public protection hearing in about two weeks where we will have an official testimony on the governor’s proposal for all parties involved. I look forward to having that conversation.”

Phone-Free Schools

Another major issue still under discussion is Hochul’s phone-free schools initiative. Her proposal includes $13.5 million to help school districts implement a bell-to-bell ban on phone use in schools. The plan has the backing of the New York State United Teachers union (NYSUT), with President Melinda Person offering, “Given the youth mental health crisis that we are experiencing now in this country, we really need to take this very seriously and provide our students with seven hours a day free from these distractions to learning.” The Senate would prefer a more watered-down version that would permit students to access cell phones during non-instruction time and limit the penalties for violations. That approach is in line with New York State School Boards Association Communications Officer David Albert, who told reporters, “There really aren’t too many uses for a cell phone in class, but that being said, there are certainly homeroom periods, lunches, breaks, and other opportunities where students can use cell phones, especially if they are in communication with a parent or they have to arrange for a change in schedule for transportation, so we think a bell-to-bell ban is somewhat draconian.” The Assembly supports restricting phone use in schools, but omitted the proposal from their budget resolution, citing the longstanding tradition of not including policy initiatives in the budget. The science—and the momentum—are with Hochul on a bell-to-bell solution. 

Hochul’s smartphone ban is smart: Kids need fewer distractions in school.

Gov. Hochul is right about this one: If smartphones are banned in New York public schools, and they should be, the ban should be bell-to-bell.

Masks

A late add in budget negotiations is Hochul’s push to restrict the wearing of masks or face coverings. Hochul told reporters last week, “Mask use in the commission of a crime is deeply troubling to me. Think about a bank robber...walks in, their face is covered. Someone assaults someone on the subway; they can get away with it despite the fact that we have cameras because they are masked. So, this is something, as I’m protecting public safety, is very much top of mind.” The legislation provides a list of health and cultural-related exemptions but would establish the crime of masked harassment when a person “wears a mask or other face covering that intentionally hides or conceals their face for the primary purpose of menacing or threatening violence against another person.” The Legislature has rejected similar proposals in the past, and the New York Civil Liberties Union (NYCLU) remains squarely opposed, writing in a statement, “What this will do in practice is it will require law enforcement to decide somebody's subjective intent for masking. We know that law enforcement, when they are asked to define intent, they don't do it very well, and their pre-existing biases tend to color who they think might be masking for a health reason, who they think might be masking for their religion, who they think might be masking because it's cold out, who they think might be masking because they are going to celebrate.” Hochul has been very vocal on this issue for the past year, but things have become more complicated since the Trump administration took office and are tied into anti-Israel protests and deportation issues in addition to the ever-present civil liberties versus public safety divide within the Democratic Party.

Funding the MTA

Perhaps the thorniest issue facing lawmakers is finding a revenue stream for the billions of dollars in much-needed repairs and improvements for the Metropolitan Transportation Authority. Hochul has been waiting on the legislature after Senate Majority Leader Andrea Stewart-Cousins and Assembly Speaker Carl Heastie vetoed the MTA’s 2025-2029 capital plan late last year, but neither chamber provided a proposal in their one-house budget. With additional federal funding likely off the table, Heastie told reporters last week, “The discussion on revenue raisers is definitely going to have to be a part of the MTA, since we're going to request [help] from our federal government, but I told you I don’t expect much on that end.” The Assembly has discussed surcharges on online deliveries and for-hire vehicles, but it remains unclear if that plan would generate the needed revenue. The payroll mobility tax, imposed on New York City employers within the MTA’s service area, has been a target in the past and is certainly on the table in current discussions about finding revenue, though the legislature rejected a similar plan last year. Any new “revenue raiser” will be unpopular, and the leaders are certainly proceeding with caution.

Trump administration threatens to pull New York transit funds as it questions anti-crime efforts.

Adding to the uncertainty, Transportation Secretary Sean Duffy issued a new deadline for New York to end the congestion pricing tolling program in Manhattan. In a tweet, Duffy said, “The federal government and @POTUS are putting New York on notice. Your refusal to end cordon pricing and your open disrespect towards the federal government is unacceptable… We will provide New York with a 30-day extension as discussions continue.” Hochul has remained steadfast that the federal government has no jurisdiction over congestion pricing and said the tolling cameras will stay on. In a statement, her spokesperson offered, “Congestion pricing is working. Traffic is down, business is up, and support for this first-in-the-nation initiative continues to grow. We’ve seen Secretary Duffy’s tweet, which doesn’t change what Governor Hochul has been saying all along: the cameras are staying on.”

One non-budget item that could have wide-ranging implications was last week’s New York State Supreme Court ruling upholding a law placing limits on outside income for members of the state legislature. A 2022 bill gave lawmakers a $32,000 raise but also placed a $35,000 limit on outside income effective this past January 1st, leading to a lawsuit from state Republicans. As a result of the ruling, as many as 38 members, primarily Republicans, will now have to decide whether to leave state government or give up their other employment. Assembly Minority Leader Will Barclay said in a statement, “Absent a stay of enforcement… this court’s ruling will lead to chaos in the Legislature. A mass exodus of members—disproportionately affecting the Assembly and Senate minority conferences—is almost assured.” Lawyers have requested that stay of enforcement while there are whispers about a delay in backroom budget talks.

In Washington, D.C., the House and Senate will return from recess this week with very different intraparty feelings after some Senate Democrats joined Republicans to avoid a government shutdown last week. Senate Minority Leader Chuck Schumer (D-NY) and House Minority Leader Hakeem Jeffries (D-NY) reportedly met in Brooklyn last week to smooth things over after Schumer drew the ire of many House Democrats (and Democrats more broadly) for bailing out Republicans and voting for the Continuing Resolution. While the top two Democrats may have made nice for now, there is still plenty of discontent among rank-and-file members who feel Democratic leadership is offering an outdated style of opposition that is no longer effective against the modern Republican Party. It is worth noting that almost 70% of House Republicans have been elected since Trump began his first term! and GOP figures who have shown even the slightest pushback have been driven from power. House Republicans were near unanimous in their vote for a CR and to raise the debt ceiling, a move that cost both John Boehner and Kevin McCarthy their jobs not long ago. Even Senate Majority Whip John Barrasso conceded there seemed to be an asymmetry, saying, “The Democrats are still running their 2017 resistance playbook. They are no match for the team they’re facing today.” 

It is worth noting that almost 70% of House Republicans have been elected since Trump began his first term! and GOP figures who have shown even the slightest pushback have been driven from power.

There is still plenty of time for Republicans to get tripped up on the hurdles of governing before the midterm elections, but Democrats will need to find new plays to run if they are to retake control of the House in 2026. Midterm elections are generally unkind to the party in power; however, 2026 is unlikely to be a repeat of 2018, when Democrats flipped 41 seats. There are currently only three House Republicans in districts won by Kamala Harris compared to 2018 when 23 Republican-held districts were won by Hillary Clinton. On the Republican side, there are 13 Democrats in districts won by Trump, giving the GOP far more targets to increase their majority. House Speaker Mike Johnson. (R-La) said, “We have a very lopsided map. It’s a very favorable one for us from a political standpoint and we’re going to go play offense, not defense.”  

The Ever-Shrinking House Map

That said, while the math is difficult for Democrats, the midterm elections are likely to be a referendum on Trump and GOP control of Washington. Democrats believe that if Republicans follow through on an agenda that cuts public benefits while giving a tax cut to the wealthy, the working-class voters that Trump flipped in 2024 are less likely to turn out. Similarly, the economic concerns and inflation that ultimately doomed Joe Biden, and later Kamala Harris, could be a major motivating factor if current trends continue. That message has already started to take shape, with the Democratic Congressional Campaign Committee saying, “The midterms are shaping up to be a referendum on who is going to help improve the lives of everyday Americans. By all accounts, House Republicans are failing miserably. They aren’t doing anything to lower costs, they’re destroying the economy, and they are obsessed with cutting Medicaid in order to pay for tax breaks for billionaires like Elon Musk.” 

The DCCC released a preliminary list of vulnerable frontline members you can view here. 

The Republican campaign arm also released their target list, which you can view here. 

On the Senate side, the map is even more bleak for Democrats—almost all of the 22 seats Republicans are defending are in solid red states. Democrats are only defending 13 seats, but four are seen as competitive, and Georgia and Michigan are seen as toss-ups. They will also be running new candidates in at least three open seats with Sens. Jeanne Shaheen (D-N.H.), Tina Smith (D-Minn.), and Gary Peters (D-Mich.) all retiring. Even if Democrats hold onto those three seats, as well as Jon Ossoff in Georgia, they will still need to flip four Republican seats to gain a majority in the upper chamber. Democrats believe the most plausible pickups are in Maine and North Carolina, and have been actively recruiting popular former Senator Sherrod Brown to run in Ohio against Sen. Jon Husted, who was appointed to fill J.D. Vance’s seat. Still, Schumer expressed confidence, saying “We’re going to do a lot better in the Senate than people think [in 2026].” 

An interesting reminder that history is complicated.

Finally…

A Dutch city is giving new meaning to the term civic engagement. It has installed a “fish doorbell” on a river lock, allowing viewers of an online live stream to alert authorities to fish being held up as they make their springtime migration to shallow spawning grounds. Check it out!

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New to the NYS Legislature

Emerita Torres, Democratic State Assembly Member for District 85, is a dedicated public servant and policy expert with nearly two decades of experience in government and the nonprofit sector. A proud Bronxite of Puerto Rican heritage, Emerita has spent her career advancing economic opportunity, social justice, and global security. She now represents the 85th Assembly District, which includes parts of Hunts Point, Longwood, Soundview, and other neighborhoods in the South Bronx.

Prior to taking office, Emerita served as Vice President of Policy, Research, and Advocacy at the Community Service Society of New York, where she led data-driven research and policy initiatives focused on housing, transit, youth mobility, and economic security for low-income New Yorkers. Her work played a crucial role in shaping policies that enhance economic opportunity and social mobility across the city.

Before her domestic policy work, Emerita spent a decade as a U.S. diplomat at the State Department, addressing global issues such as labor rights, climate change, peace mediation, and women’s rights. Her diplomatic service took her to Brazil, Pakistan, Colombia, Washington, D.C., and the U.S. Mission to the United Nations in New York, earning her three Meritorious Honor Awards and a Superior Honor Award for outstanding service. She later served as Director of Policy Research and Programs at The Soufan Center, where she focused on global security challenges and foreign policy issues.

Emerita holds a B.A. in History from New York University and a master's in public policy from the Harvard Kennedy School. She is a Term Member of the Council on Foreign Relations, an alumna of the International Women’s Forum Fellowship, and was recognized by New America as a Latinx National Security and Foreign Policy leader. Additionally, she serves as a Board Member for the Women’s Housing and Economic Development Corporation and is a two-term State Committee Member for the 85th Assembly District.

Since taking office in January 2025, Emerita has continued her lifelong commitment to ensuring that Bronx families have access to quality housing, economic opportunity, and essential public services. In Albany, she is championing policies that uplift working families, expand affordable housing, and create lasting opportunities for the South Bronx.

HUD Secretary Patricia Roberts Harris in 1977

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