The New York State Senate and Assembly Tuesday night gave their endorsements to a bill to legalize marijuana. On Wednesday morning, Gov. Andrew Cuomo signed the bill, at which point possession of marijuana under three ounces immediately became fully legalized.

According to the Albany Times-Union, Retail sales should start in about 18 months after the government system is set up to oversee the budding industry.

The bill’s passage follows years of effort from activists and some lawmakers to rally support and forge a deal with enough votes to pass both chambers. But it was only after the Democrats gained control of both chambers in 2019 that legalization gained serious momentum.

During Tuesday’s debate on legalization, Republicans raised several concerns, including provisions for people convicted of crimes could get licenses to sell marijuana it the future, about liability for serving marijuana to people below 21, about police enforcement of impaired driving laws and other topics.

The sponsors countered that they were not encouraging anyone to go out and smoke marijuana, but also said that legalization was long overdue because of the countless lives ruined due to the decriminalization of it.

In the end, the vote was nearly down party lines, with all Republicans in both chambers voting against, along with handful of Democrats joining opposition to legalization. Among those voting against legalization were Chautauqua County representatives George Borrello (R -Irving) and Andy Goodell (Republican – Ellicott). Borrello’s full statement on the matter is provided at the end of this story.

For those who apply for licenses, priority will be given to women and people of color. Records will be expunged for marijuana-related offences, and money will be reinvested in communities that have been most harmed by the decades-long war on drugs.

Additionally, counties will not be allowed to opt out of allowing adult-use cannabis retail dispensaries or on-site consumption licenses. However, Cities, towns, and villages will be allowed to do so, leaving the final decision up to each municipality, rather than at the county level.

The opt-out will take effect if a local government passes a local law by December 31, or nine months after the effective date of the legislation.

The historic legislation is expected to raise $350 million annually in revenue.  Additionally, there is the potential for this new industry to create 30,000 to 60,000 new jobs across the State.

STATEMENT FROM SEN. GEORGE BORRELLO

“In the last two years, New York State under one-party-rule has pursued a politically-driven approach to lawmaking that is more concerned with appeasing special interests and earning progressive credentials than creating responsible, effective policies for our state. Regrettably, we’ve gone down that road again with a poorly thought out measure legalizing marijuana for recreational use that was negotiated behind closed doors and without the input of key stakeholders. I believe we’ve made a profound mistake that will have serious economic and social costs for our state and residents.  

“Right now, 14 other states, plus the District of Columbia, have legalized adult-use marijuana. Several of those, such as Colorado and Washington, have laws that have been in place for nearly a decade. There is ample data and evidence from those states that raises numerous red flags. We know that following legalization, states have seen concerning spikes in a number of problems, including marijuana-involved car accidents, marijuana use among teens and rates of mental illness. Figures like these are among the reasons why I remain opposed to taking this step.  

“However, while I am personally opposed to legalization, if New York is determined to head down this path, then I believe we have a responsibility to craft a law that mitigates the risks to New Yorkers to the greatest extent possible, with no loopholes or gray areas. Regrettably, this bill doesn’t meet that standard.  

“While we have made great strides in reducing drunk driving through strict laws and strong enforcement, statistics from other states tell us that the presence of impaired drivers on our roadways will increase significantly with legalization.  However, this legislation doesn’t contain stronger penalties or funding to address that reality. In fact, this measure will make it harder for police to enforce marijuana-related DWI’s with the new limits this bill places on law enforcement using the odor of marijuana emanating from a vehicle to pursue a criminal charge.  

“Also noticeably absent is a direct appropriation to begin increasing the number of Drug Recognition Experts (DREs) among the ranks of our police officers as I have been advocating for several weeks. DREs are highly trained police officers who use a 12-step evaluation process to identify the type of drug impacting a driver and are currently our best resource when it comes to combatting marijuana-impaired driving. With only 343 DREs out of 55,000 police officers statewide, any commitment to truly protecting New Yorkers from this looming threat will require investing tens of millions of dollars towards DRE training.  

“I am also concerned at the potential implications of awarding cannabis licenses to individuals with past felony convictions. New York State law bars individuals with felony convictions from receiving liquor licenses, which is a requirement that was implemented to protect both the state and the public. In failing to hold marijuana licensees to the same standard, we are raising the risk of potential problems and liability on the part of the state.  

“While public polls may show support for legalizing recreational marijuana, it’s our job to ensure that it’s done responsibly – to tune out the noise and focus on good policy, while rejecting misguided ideas that only serve to placate special interests. The litmus test for any legislation should be whether it protects New Yorkers, first and foremost. This bill fails on that count. That is why I voted ‘no’.” 

We discuss news out of Albany with Assemblyman Andy Goodell (R-Ellicott), who shares his thoughts on the ongoing sexual harassment allegations against Gov. Andrew Cuomo, the COVID-19 vaccination effort, and his thoughts on the State Budget process. He also talks about the proposal to legalize recreational marijuana.

Andy Goodell

Gov. Andrew Cuomo during his presentation of the State Budget on Jan. 19, 2021 (Mike Groll/Office of Governor Andrew M. Cuomo)

ALBANY – Democrats in the state Assembly and Senate have finalized a deal to strip Gov. Andrew Cuomo of his coronavirus emergency powers.

The state legislature first delegated the emergency powers to the governor in March 2020 during the start of the pandemic. The authority gave Cuomo the ability to issue executive orders with the force of law on any issue relating to the COVID-19 pandemic, including altering specific regulations for businesses across the state, requiring mask-wearing and social distancing, and limiting or shutting down parts of the economy. Since then, Cuomo has used the authority to issue nearly 100 executive orders and has also issued more than 500 directives, modifications or suspensions of state regulations.

Throughout the time he’s held the powers, the Legislature still could have overturned individual orders by the governor with a majority vote, but that never occurred. But now that the governor is the focus of a federal criminal investigation in the state’s handling of nursing homes during the pandemic, along with the more recent allegations of sexual harassment, the democratic controlled Assembly and Senate are both ready to end Cuomo’s executive authority.

The agreement will prohibit the governor from unilaterally issuing new executive orders related to the pandemic without legislative review. But he will retain the ability to tweak or renew existing orders.

A vote on the measure is expected Friday.

Meanwhile, the number of lawmakers calling for Cuomo to resign immediately increased this week after a third woman came forward to allege the governor physically harassed her.

The intensifying calls for his resignation follow unsettling allegations from three women — former aides Lindsey Boylan and Charlotte Bennett, and Anna Ruch, who did not work for Cuomo but told the New York Times that Cuomo grabbed her and attempted to kiss her at a wedding in September 2019.

The politicians breaking ranks with Cuomo include a batch of progressive Democrats in the Legislature — as well as a Democratic member of Congress from Long Island, Congresswoman Kathleen Rice.

Cuomo has said he will defer further comment on the harassment allegations until after the investigation against him is completed.

Andy Goodell

ALBANY – Chautauqua County’s representative in the State Assembly is joining the chorus of criticism against Governor Andrew Cuomo as he continues to be scrutinized and investigated for his handling of nursing home residents during the Coronavirus Pandemic.

The Post-Journal reported over the weekend that Assemblyman Andy Goodell (R-Ellicott) wants the chair of the Democratic-controlled Assembly’s Health Committee to look into why the state chose to send some patients recovering from COVID-19 back into nursing homes.

Goodell last week sent a letter to Richard Gottfried asking him to look into the reasons for the order. Gottfried was one of several Democrats involved with a private conference call with the governor’s top aid, Melissa DeRosa, earlier this month, when she acknowledged the governor’s office was delaying the release of data involving nursing home deaths caused by COVID-19.

The call has since gone public and a wave of elected officials on both sides of the aisle have called for an investigation into the matter, with some even saying the governor should be impeached and also criminally charged for obstruction of justice.

Goodell said the information being requested by legislators should have been available months ago, but the greatest concern is the need for the state Legislature to understand how an estimated 15,000 nursing home deaths were allowed to happen, so that it doesn’t occur again in the future.

(Left to Right) Jason Schmidt, PJ Wendel, Andy Goodell, George Borrello, and Tom Reed

It was a clean sweep for Republicans in Chautauqua County in the 2020 Election, as all GOP candidates on the ballot appeared to have won their respective races, regardless of the record number of absentee ballots that have been cast and await to be counted.

The big winners in the county-wide races were Andy Goodell (R-Ellicott) for the 150th State Assembly District, Paul “PJ Wendel (R-Lakewood) for the special election for Chautauqua County Executive, and Jason Schmidt (R-Fredonia) in the race for Chautauqua County District Attorney. Also picking up regional victories were George Borrello (R-Irving) for the 57th State Senate District and Tom Reed (R-Corning) for the New York 23rd Congressional District.

• ALL ELECTION NIGHT TOTALS IN CHAUTAUQUA COUNTY

SCHMIDT VOTED INTO OFFICE FOR THE FIRST TIME

Jason Schmidt

For Jason Schmidt, the second time was a charm in his run for Chautauqua County District Attorney. He appears to have cruised to any easy victory over incumbent Patrick Swanson (D-Fredonia) after previously losing to the current DA in the 2016 election.

This time around, Schmidt received 29,925 votes between early voting and Election Day voting while Swanson picked up 17,122.

According to the Chautauqua County Board of Elections, there remains a possible 11,926 absentee ballots in Chautauqua County that could be added to the final vote total, but even if Swanson picked up all of those votes, he still wouldn’t have enough to win.

“I’m humbled, honored, and grateful to all my supporters and so appreciative to the team of people who have stood by my side the entire time and the movement that we created. Getting into this, it was really about the community – the victims and the police. We stayed true to that and that’s really what it is all about for me,” Schmidt told WRFA on Election Night following news that he had won.

Schmidt also offered his thoughts on how he was able to win by such a wide margin on Election Night.

I think in many respects, the election was about different philosophical approaches to the office. I tried to make that clear and I wanted to define the campaign based on that. I felt there wasn’t enough emphasis being placed on prosecution and conviction,” Schmidt said. “That doesn’t mean that I want to go out there and be a hammer looking for a nail, that’s not who I am. But at the same time I feel there were a lot of people let down in many high profile cases here, and that was never lost on me. It was important that they be remembered and honored by my campaign.”

WENDEL NO LONGER ‘ACTING’ COUNTY EXECUTIVE

PJ Wendel

In the special election for Chautauqua County Executive, Wendel defeated Democratic opponent Richard Morrisroe (Dunkirk) by an election night vote of 33,633 to 13,126. Wendel had been serving as acting county executive after being appointed by the Republican-controlled county legislature at the start of this year. Previously he had served as a member of the legislature representing Lakewood and Busti along with a small portion of Jamestown. He also was legislature chairman prior to his appointment to county executive.

“I’m excited and I’m very humbled by the residents of the county who elected me for this position. I’m humbled to win by that much – that’s the voters who spoke. It’s not an appointment, that’s the residents of the county and I think that means a lot. I’m humbled to have that kind of a margin,” Wendel said.

Wendel will now serve the final year of the current term of the office for County Executive and will have campaign all over again next year, as he’s already stated that he wants to serve a full term as the county’s top executive.

GOODELL LOCKS UP 6TH TERM IN ASSEMBLY

In the race for the 150th State Assembly District, Goodell also had an insurmountable lead over his Democratic opponent, Christina Cardinale of Jamestown. Goodell received 34,627 votes on election night to Cardinale’s 12,514.

Andy Goodell

“I’m very thankful that the residents of the Chautauqua County have given me the opportunity to represent our county in the State Legislature and I’m also very thankful that my Assembly colleagues give me the opportunity to serve as the floor leader on the floor of the Assembly,” Goodell said. “That gives me the opportunity to make sure the voices, concerns and issues that are important to us here in Chautauqua County are front and center in all of our legislative proceedings. I’m excited to go back, but I’m also very mindful that there is a tremendous amount of work to do and it will take everybody’s help and cooperation as we move forward to address these serious issues.”

The win secures Goodell a 6th term in Albany after first being elected to the office in November 2010.

BORELLO WINS FIRST FULL TERM IN STATE SENATE

George Borrello will also continue representing the three southwestern-most counties of the state in the State Senate as he easily won a full two years to represent the 57th District in Albany.

George Borrello

Borrello defeated Frank Puglisi (D-Cattaraugus County) with an election night final of 78,047 to 24,940.  Borello was first elected to the Senate in a special election last year to finish the final year for the current term after former Sen. Cathy Young resigned from her post in early 2019 to take a job in the private sector.  Last year, he defeated Democrat Austin Morgan by 42,563 to 17,270.

“I am honored and grateful for the trust that the hardworking people of our region have again placed in me to represent the 57th District,” Borrello said in a statement released Tuesday night. “Over the past year, we’ve faced the unimaginable challenges of a global health emergency and a devastating economic crisis…. The COVID-19 challenge has exacerbated many existing issues and failures of our state government, which has further energized the need for change. That will be the starting point for our efforts. We must now set aside the politics and work to face the tough road ahead. I vow to continue working to advance our recovery and fight against the extreme, politically self-serving agendas that undermine our security, ignore our shared values, and prevent us from realizing our fullest potential.”

REED DEFEATS MITRANO IN REMATCH OF 2018 RACE

Tom Reed

In the race for the 23rd Congressional district, Republican incumbent Tom Reed defeated Democratic Challenger Tracy Mitrano (Penn Yan) with an election night total o 160,131 to 90,959. It’s not known how many absentee ballots remain to be counted throughout the district but it is likely that there are not enough outstanding to give Mitrano an opportunity for a come-from-behind victory.

It was the second time in as many elections that Reed squared off against and defeated Mitrano.

GREENAN WINS SUPREME COURT RACE

There was also a race for State Supreme Court for the eight counties making up the Eight Judicial District. In that race, Republican candidate Gerald Greenan III defeated Democrat Amy Martoche 246,688 to 181,674. Again, the total number of absentees that remain to be counted are not available at this time, but the Greenan has a likely insurmountable lead over Martoche.

The final vote totals for each race won’t be known until later this month after all absentee ballots are opened and counted and then the canvasing of all votes takes place to provide an official, final result.

George Borrello (left) and Andy Goodell

JAMESTOWN – As New York voters watch the 2020 presidential campaign from the sidelines, Senator George Borrello and Assemblyman Andy Goodell have introduced legislation that would give New Yorkers more of a voice in the process by requiring the state’s electoral votes to more accurately reflect the popular vote.

Under the current system, all of New York’s electoral votes are cast for the presidential candidate that receives the greatest number of votes statewide.  This “winner-take-all” approach enables a presidential candidate to win the election based on wins in a few key states, without consideration of the millions of people who may have voted for a different candidate.

The number of electoral votes in each state is based on the number of its congressional members and senators. The legislation drafted by Assemblyman Goodell and Senator Borrello would replace the winner-take-all model with the “congressional district method” that allocates electoral votes based on the plurality of the popular vote within each congressional district. Two electors would continue to be selected based on the statewide vote, as are the U.S. Senators.

Currently in use by Maine and Nebraska, the two Republican legislators say the congressional district method results in a more proportional allocation of electoral votes overall, while preserving the constitutionally-mandated Electoral College.

“Every campaign season, citizens are encouraged to exercise their right to vote and are barraged with messaging that their ‘vote matters.’ Yet, every four years, that notion is wholly undermined when the two major party candidates for president focus their presence, platform and resources on a handful of swing states, at the expense of New York voters whose electoral votes are a foregone conclusion under the current system,” said Senator Borrello. “Regional political differences are obscured and it increases assumptions by people in both parties that their vote for president is irrelevant.”

Assemblyman Goodell noted that the congressional district system could easily be implemented through the passage of legislation, without any amendments to the Constitution.

“Although the Constitution established the Electoral College system, it does not mandate the framework by which states must choose electors or allocate electoral votes. The congressional district method is a proven  alternative that would achieve the goal of strengthening New Yorkers’ influence in presidential campaigns. It is entirely consistent with the electoral process that our Founding Fathers originally designed, while reflecting more accurately the popular vote within the state,” said Assemblyman Andy Goodell.

The legislation advanced by Senator Borrello and Assemblyman Goodell stands in contrast to a measure Governor Andrew Cuomo signed into law in 2016 that committed New York to the National Popular Vote compact, an interstate agreement in which member states pledge all of their electoral votes to the candidate who wins the popular vote nationwide, even if that candidate received few votes within the state.

Borrello and Goodell claim such an approach makes a mockery of the vote within each state, and dilutes the importance and value of individual state rights.

“Although the notion of essentially eliminating the Electoral College in favor of a nationwide popular vote has support, such a switch would actually incentivize candidates to further narrow their focus to just a few large states or a handful of major metropolitan areas. Smaller states and less densely populated regions of the country would be ignored,” said Senator Borrello.  “Our framers had the foresight to see that a two-step election process would be a check and balance against a few large states essentially choosing the president for the entire nation.”

Goodell noted that, “The method we are proposing would encourage candidates to campaign in New York because of the political diversity of its different regions. Both Republican and Democratic candidates would have the potential of winning electoral votes here. We’ve seen that happen in both Maine and Nebraska under this system.”

In 2008, Nebraska’s 2nd Congressional District went to Democratic nominee Barack Obama although the rest of the state went to Republican nominee John McCain. Similarly, in 2016, Republican candidate Donald Trump won the 2nd Congressional District in Maine, while the remaining state votes went to Democratic candidate Hillary Clinton.

“Our right to vote is one of America’s most cherished liberties. A key part of encouraging higher turnout is creating a system where citizens feel their vote has an impact,” said Assemblyman Goodell. “Making this change to our presidential election process would be a strong step in that direction.”

A debate between the two 2020 candidates for New York State Assembly in the 150th District – Andrew Goodell and Christina Cardinale. Moderated by WRFA’s Jason Sample with questions provided by media panelists Terry Frank of WJTN Radio and Justin Gould of WNY News Now. Recorded Oct. 8, 2020 at the Reg Lenna Center for the Arts in Jamestown, NY.

Andrew Goodell and Christina Cardinale

Andrew Goodell and Christina Cardinale

JAMESTOWN, NY – A 60-minute debates involving the candidates for New York State Assembly 150th District will take place at the Reg Lenna Center for the Arts’ Media Arts Studio Thursday night, Oct. 8.

The debate featuring New York State Assembly candidates Andrew Goodell, the Republican incumbent, and Christina Cardinale, the Democratic challenger, will begin at 7 p.m. and will be broadcast on local radio along with video streaming online.

Three different media outlets will be collaborating to bring the debates to residents throughout Chautauqua County. Participating media members include Media One Radio Group, WNY News Now, and WRFA Radio – all based in Jamestown.

Jason Sample, WRFA Public Affairs Director, will serve as moderator for all three debates. Questions for the candidates will be provided by participating media members – Terry Frank, Media One News Director;  Justin Gould, WNY News Now Director/Anchor; and Sample. There will also be an opportunity for each candidate to pose a question to one another.

The debate will take place at the Reg Lenna Center for the Arts in Jamestown, inside the facility’s Media Arts Studio.

Due to COVID-19, there won’t be a live studio audience for the debate. However, it will be broadcast live on WRFA radio (107.9 FM or streaming at WRFALP.com/Streaming) and also a live video stream will be available at WRFA’s Youtube Channel.

In addition, it will also be live streamed by WNY News Now on its Facebook page as well as WNYNewsNow.com/Live. It will also be rebroadcast at 10 a.m. on WJTN Radio (101.3 FM / 1240AM), and also on WRFA at 5 p.m. on Oct. 15 and again at noon on Oct. 18.   Video will also be available for viewing afterward through WNY News Now and the WRFA Youtube Channel.

Funding for the live broadcast and online streaming of the event was provided by the Reg and Betty Lenna Fund at the Chautauqua Region Community Foundation.

OTHER DEBATES ALSO PLANNED

Two other debates will also be held on Thursday, Oct. 15 and feature candidates for the special election of Chautauqua County Executive: Richard Morrisroe (Democratic, Working Families) and Paul “PJ” Wendel (Republican, Conservative, Independence); and the election for Chautauqua County District Attorney: Jason Schmidt (Republican, Conservative) and Patrick Swanson (Democratic, Independence, Working Families). Those debates will take place at 6 p.m. and 7 p.m., respectively and will also be broadcast live on WRFA, as well as streaming on WRFA and WNY News Now media platforms.

George Borrello

ALBANY – Chautauqua County’s Senate representative in Albany says there’s already been unintended consequences of the recent repeal of a state law that protected members of law enforcement from disclosing disciplinary records.

Earlier this month both the State Senate and Assemblyman approved the long-stalled reform of the state’s 50a statute — which since the 1970s had routinely been used to keep the public from learning about police misconduct and disciplinary actions taken against police officers, correction officers, and fire fighters.

The repeal of the statute came in response to protests sparked by the death of George Floyd, a black Minnesota man who was killed when a white police officer kneeled on his neck for nearly nine minutes. But even before Floyd’s death, a 50a repeal effort had been gaining steam in the legislature. The law became a point of contention in New York City following the 2014 chokehold death of Eric Garner at the hands of then-NYPD officer Daniel Pantaleo, whose disciplinary record was shielded in secrecy.

With the State Senate falling to Democratic control after the 2018 Elections, and with the Floyd’s death gaining national attention from protesters and demonstrates calling for immediate reforms, the effort was made in Albany at the start of this month to repeal the statute. The bill ultimately passed along party lines in the Senate by a vote of 40-22 and in the Assembly by a vote of 101-43. It was signed by governor Andrew Cuomo at the start of last week.

Sen. George Borrello (R-Irving), who represents all of Chautauqua County in the upper chamber in Albany and who was one of the 22 Republicans to vote against the repeal, released a statement this week denouncing the repeal and pointing to what he says are unintended consequences that will impact the budgets of local governments across the state.

According to Borrello, officials in the Town of Cuba recently received a Freedom of Information Law (FOIL) request from an out-of-state organization called MuckRock, demanding copies of all police personnel files that contain complaints of misconduct, including accusations that were found to be groundless after investigation. The request is for information dating back to the 1970s. MuckRock has stated that they have made this request of every policing agency in New York State.

“This is why I voted against the repeal of 50-a,” Borrello said in his statement to the media. “At a time when localities are struggling to meet their regular expenses because of the crushing impact that COVID-19 has had on their budgets, it is outrageous that they will now be required to devote precious staff time and taxpayer dollars towards searching, copying, faxing and emailing decades-old personnel files containing groundless claims, even those where the officers involved have been deceased for decades.”

Borrello said that for many police departments across the state, the small reimbursement that they are entitled to collect from a requesting organization won’t even begin to cover the costs with researching, assembling, and sending out the requested information. He also said that services to the public may even be impacted due to the time and resources required to fulfill the FOIL request.

“What good will this information serve?” Borrello asked. “It will wrongly tarnish officers who had unsubstantiated complaints lodged by vengeful criminal defendants and serve as fodder for lawsuits by trial lawyers looking to line their pockets. Taxpayers will be picking up the tab for this phishing expedition. That’s why a thoughtful analysis that included the potential financial impact and unintended consequences should have been done.”

“This is another example of why knee-jerk reactions for political reasons are costly,” he added.

• AUDIO ALSO AVAILABLE AT SOUNDCLOUD

WRFA’s June 11, 2020 conversation with Christina Cardinale of Jamestown, the Democratic Candidate in the 2020 Election for the 150th District of the New York State Assembly.  Cardinale also took time out to discuss her recent comments to the Jamestown City Council, raising concern about a recent Facebook posting by Councilman Jeff Russell, which she claimed promoted gun violence against protesters in the Black Lives Matter movement.  On Monday Russell defended his remarks, saying the meme that he shared was in support of rights provided by the Second Amendment and was not focused on any one person or group of people.

Christine Cardinale