Position Statement – 2026
Governor Hochul’s Budget Proposal
NY State Fiscal Year 2027 – Executive Budget Proposal
The Women’s Bar Association of the State of New York (“WBASNY”), an organization of 4,000 attorneys and judges from across the state in private practice, government, academia, and the courts, is dedicated to advancing women in law and society.
WBASNY has reviewed the Executive Budget for Fiscal Year 2027, as well as the One House Resolutions. As final negotiations approach, WBASNY offers crucial insights on multiple provisions that have a substantial impact on women, children, and legal professionals. WBASNY’s position regarding these sections are set forth below.
As a top priority, WBASNY is dismayed that both the Governor and Legislature have failed to include funding for a statewide supervised visitation program. Thirty-two of New York’s sixty-two counties lack a supervised visitation program, and this number is steadily increasing. Even in those counties that do have supervised visitation programs, resources and programs are often stretched and not sufficient to meet the needs of that county or jurisdiction. WBASNY supports a statewide system, similar to the one that would have been created under A.65-A (legislation the Assembly passed last year), to create a more flexible statutory scheme that would give control over setting unified standards as New York sees fit. This program is estimated to cost $20 million in needed funding. Yet, this funding would create a critical resource for the welfare of children and families. Supervised visitation is a vital tool that protects children, assists the court, and facilitates safe and appropriate access between a non-custodial parent and child in families impacted by mental health issues, substance abuse, family violence, and other issues. Such a program would result in immediate and long-term benefits for the physical and emotional health of the children and families and would also result in additional fiscal benefits for all New Yorkers.
WBASNY further urges Governor Hochul and the Legislature to reject the sweep of the ILS funding for criminal legal services. These ILS funds are not just necessary; they are vital to provide required indigent defense legal services and to provide representation of parents in family court. Sweeping these funds from their designated account to the general fund not only leaves New Yorkers vulnerable to litigation but also leaves many New Yorkers without adequate legal representation, a situation of grave concern. In the same vein, WBASNY applauds the Assembly and Senate for including the full $102.5 million for IOLA’s requested spending authority. These funds, which are generated through interest on attorney escrow accounts, are held by IOLA for the express purpose of supporting civil legal services statewide. We urge the Legislature to ensure this additional $25 million in spending authority is included in the final budget. Finally, WBASNY is disappointed that the cost-of-living adjustment for 18-b panel counsel is missing from the Governor’s budget.
WBASNY further supports the inclusion of additional funding for the Reproductive Freedom and Equity Program. Both the Senate’s and Assembly’s additional funding proposals are not just important; they are crucial as we stand at a precarious time regarding access to reproductive health across the country. We must do all we can to make reproductive health accessible. WBASNY also applauds the Senate for including additional Article VII language to create a New York State Abortion Clinical Training Program.
EDUCATION LABOR AND FAMILY ASSISTANCE A.9006/S.9006
Part H – Reducing Unnecessary Burdens on Child Care Providers
WBASNY respects the stated purposes of reducing unnecessary burdens on childcare providers but urges caution regarding extending the time period for required relicensing. WBASNY understands that New York is in a childcare crisis and respects efforts to ease administrative work that may deter people from joining the industry. However, WBASNY has concerns that the extension of time between the relicensing periods could result in less necessary oversight which may carry unintended consequences, resulting in potential health and safety issues. WBASNY urges the Office of Children and Family Services to ensure that the annual training requirements take into consideration safety concerns for children across New York. Given the long-term concerns about what changes to oversight could have, WBASNY further urges these issues to be taken up outside the budget or studied to be included in next year’s budget to identify any unintended negative consequences.
Part J – Authorize the Use of Body Scanners in Youth Detention and Justice Facilities
WBASNY supports ELFA Part J. This security measure will have the effect of reducing more invasive searches for contraband and protecting other juveniles in the facility. WBASNY does note that regulations about radiation exposure must be followed to ensure the health and safety of everyone within the facility.
HEALTH AND MENTAL HYGIENE, A.9007/S.9007
Part Q – Integrating Behavioral Health Services
WBASNY supports HMH Part Q. This legislation would authorize a single licensure of comprehensive integrated behavioral health services, which would improve clinical outcomes for individuals with co-occurring mental health disorders and comorbidities. It will aid in providing better outcomes from individuals suffering from these disorders.
PUBLIC PROTECTION AND GENERAL GOVERNMENT, A.9005/S.9005
Part E – Reforming Sexual Offense Evidence Collection Kit Procedures
WBASNY supports PPGG Part E, which will grant survivors more time to decide whether to report and collect evidence.
Part H – Extending Orders of Protection
WBASNY supports PPGG Part H, extending orders of protection in situations where a defendant fails to appear in court. Under current law, courts are not required to extend temporary orders of protection in situations where the defendant fails to appear. This legislation ensures that this occurs to offer additional protection to survivors of domestic violence through all court proceedings.
Part K – Protecting Safe Access to Worship and Health Care
WBASNY supports PPGG Part K to ensure that everyone has the ability to freely worship and access health free from the threat of harm. WBASNY urges that as negotiations on this statutory change happen, the final policy remains consistent with time, place, and manner restrictions allowed under the First Amendment. It is important to balance these two concerns, and WBASNY feels that this legislation does that.
Part L – Sensitive Locations Protection Act
WBASNY supports PPGG Part L, the Sensitive Protection Act. This legislation amends the Civil Rights Law to require that law enforcement have a valid judicial warrant to enter sensitive locations. Across the country ICE and DHS have relied on their own interpretation of certain regulations that an administrative warrant satisfies the “warrant” requirements of certain regulations. This part clarifies the requirements that the only acceptable warrant is a duly authorized judicial warrant.
WBASNY supports everyone’s constitutional rights, and this legislation takes steps to ensure that is occurring. If this policy is not implemented through the budget process, WBASNY strongly urges the Legislature to pass crucial legislation before the end of the legislative session.
Part M – The New York State Bivens Act
WBASNY supports PPGG Part M, the New York State Bivens Act. This legislation, which would provide New Yorkers with the right to sue federal officers for the deprivation of civil rights, is carefully crafted to avoid supremacy clause issues. This legislation, similar to the Sensitive Locations Act, is an important step to protect the civil rights of New Yorkers and is a strong showing by New York State Legislators of their desire to do so. Similar to Part L, WBASNY strongly supports having this policy voted on before the legislative session.
Part R – Preventing Voter Suppression and Deception in Elections
WBASNY supports PPGG Part R, amending election law to provide criminal sanctions in Election Law for parties that knowingly share false information about elections. Free and fair elections are important for our democracy; however, under current law there are several unclosed loopholes that could be used to deceive voters and escape penalty. This legislation closes those loopholes.
REVENUE, A.9009/S.9009
Part A – Decoupling and Reform of Child and Dependent Care Tax Credit
WBASNY supports Revenue Part A. This legislation will create new avenues to enable parents to work and provide for their children.