WEDNESDAY, MARCH 21, 2018 1:19 P.M.

ACTING SPEAKER AUBRY: THE HOUSE WILL COME

TO ORDER.

IN THE ABSENCE OF CLERGY, LET US PAUSE FOR A MOMENT OF

SILENCE.

(WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)

VISITORS ARE INVITED TO JOIN THE MEMBERS IN THE PLEDGE

OF ALLEGIANCE.

(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND

MEMBERS IN THE PLEDGE OF ALLEGIANCE.)

A QUORUM BEING PRESENT, THE CLERK WILL READ THE

JOURNAL OF TUESDAY, MARCH 20TH.

MR. MORELLE.

NYS ASSEMBLY MARCH 21, 2018

MR. MORELLE: THANK YOU, MR. SPEAKER. I MOVE

TO DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF TUESDAY, MARCH

20TH AND ASK THAT THE SAME STAND APPROVED.

ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO

ORDERED.

MR. MORELLE.

MR. MORELLE: YES, THANK YOU, MR. SPEAKER,

COLLEAGUES. WE HAVE ANOTHER BUSY DAY AS WE CONTINUE WORK ON OUR

STATE BUDGET, AND I'LL GET TO THE SCHEDULE IN JUST A MOMENT, BUT I DO

WANT TO NOTE THAT ON THIS DAY IN 1965, 3,200 CIVIL RIGHTS

DEMONSTRATORS, LED BY THE REVEREND DR. MARTIN LUTHER KING, JR., BEGAN

AN HISTORIC MARCH FROM SELMA, ALABAMA TO THE STATE CAPITOL AT

MONTGOMERY. DR. KING AND HIS SOUTHERN CHRISTIAN LEADERSHIP

CONFERENCE DECIDED TO MAKE THE SMALL TOWN OF SELMA THE FOCUS OF

THEIR DRIVE TO WIN VOTING RIGHTS FOR AFRICAN-AMERICANS IN THE SOUTH.

AND I ALSO WANT TO NOTE TODAY THE WORLD RECOGNIZES

THE IMPORTANT CONTRIBUTIONS OF PEOPLE WITH DOWN'S SYNDROME. MR.

GOODELL REMINDS US THAT TODAY IS WORLD DOWN'S SYNDROME DAY AND

WE WANT TO RECOGNIZE THAT.

AND UNDER THE HEADING OF "DID YOU KNOW," DID YOU

KNOW THAT IN THE WAR OF 1812, GENERAL WINFIELD SCOTT STATIONED HIS

ENTIRE ARMY WITHIN THE VILLAGE OF WILLIAMSVILLE? WILLIAMSVILLE IS

LOCATED IN THE 146TH ASSEMBLY DISTRICT, WHICH IS REPRESENTED BY OUR

FRIEND, MR. WALTER. MORE THAN 6,000 TROOPS STAYED WITHIN THE VILLAGE

LIMITS. GENERAL SCOTT'S HEADQUARTERS WERE LOCATED AT THE CORNER OF

NYS ASSEMBLY MARCH 21, 2018

MAIN STREET AND MILL STREET IN THE VILLAGE.

AND WITH THAT HISTORICAL NOTE, LET ME TALK ABOUT THE

HISTORY WE WILL ATTEMPT TO MAKE TODAY. MEMBERS HAVE ON THEIR DESKS A

MAIN CALENDAR AND IF YOU HAVE ANY HOUSEKEEPING OR INTRODUCTIONS,

WE'LL GET TO THAT AS SOON AS I'M DONE, THEN ONCE THAT'S CONCLUDED WE

WILL, DURING THE COURSE OF TODAY, CONTINUE CONSENT OF BILLS ALREADY ON

THE CALENDAR, AND WE WILL BEGIN ON PAGE 62 WITH CALENDAR NO. 474,

WE WILL CONSENT. IN ADDITION, WE WILL BE TAKING UP OTHER BILLS FROM THE

MAIN CALENDAR. MEMBERS SHOULD NOTE, PARTICULARLY IF YOU'RE ON THE

COMMITTEE ON RULES, WE WILL BE CALLING THAT COMMITTEE AT SOME POINT

DURING THE AFTERNOON. THAT COMMITTEE WILL PRODUCE AN A-CALENDAR OF

WHICH BILLS MAY BE TAKEN UP.

AS I HAVE SAID FOR THE LAST SEVERAL DAYS AND I'LL

CONTINUE TO SAY AS BUDGET NEGOTIATIONS CONTINUE, WE MAY BE MAKING

ANNOUNCEMENTS FROM THE DESK ON ANY BUDGET SUBCOMMITTEE

CONFERENCE COMMITTEE MEETINGS AS THEY BECOME AVAILABLE. SO,

MEMBERS OF THOSE COMMITTEES SHOULD PAY SPECIAL ATTENTION TO

ANNOUNCEMENTS ON THAT SCHEDULE. FOR MAJORITY MEMBERS, THERE WILL BE

THE NEED FOR THE DEMOCRATIC CONFERENCE IN JUST A FEW MOMENTS AND

THEN AT THE CONCLUSION OF OUR SESSION TODAY, AS WELL, AND AS ALWAYS I

WILL BE CONSULTING WITH OUR COLLEAGUES ON THE MINORITY AS TO WHETHER

OR NOT THEY MAY HAVE ANY CONFERENCE NEEDS AS THE DAY UNFOLDS. AT THE

CONCLUSION OF OUR WORK TODAY, WE WILL TAKE UP A RESOLUTION OF WHICH

SPEAKER HEASTIE WISHES TO BE HEARD, AS WELL.

SO, MR. SPEAKER, WITH THAT AND A FULL AGENDA OF THINGS

NYS ASSEMBLY MARCH 21, 2018

TO ACCOMPLISH THIS AFTERNOON, IF THERE'S ANY HOUSEKEEPING, I KNOW

THERE'S SOME INTRODUCTIONS, THIS WOULD BE THE APPROPRIATE TIME.

ACTING SPEAKER AUBRY: CERTAINLY, MR.

MORELLE, AND WE HAVE DO HAVE SOME HOUSEKEEPING TO TAKE CARE OF.

ON A MOTION BY MS. HOOPER, PAGE 76, CALENDAR NO.

544, BILL NO. A7711-B, AMENDMENTS ARE RECEIVED AND ADOPTED.

AND ON A MOTION BY MR. HEASTIE, THE FOLLOWING BILL

CURRENTLY ON THIRD READING IS RECOMMITTED TO THE FOLLOWING

COMMITTEE: THAT'S THE COMMITTEE ON RULES, BILL NO. A7935,

CALENDAR NO. 562, PAGE 80.

FOR THE PURPOSES OF AN INTRODUCTION, MR. BLAKE.

MR. BLAKE: THANK YOU, MR. SPEAKER, AND

COLLEAGUES FOR ALLOWING ME TO PAUSE FOR THE PURPOSE OF THIS

INTRODUCTION. THIS IS A VERY PERSONAL ONE, A GROUP THAT I'VE HAD THE

HONOR OF BEING A NATIONAL CO-CHAIR FOR THAT IS DOING GREAT WORK IN

NEW YORK AND ACROSS THE COUNTRY, NEW LEADERS COUNCIL. NEW

LEADERS COUNCIL, SPEAKER AND COLLEAGUES, IS NOW THE PREEMINENT

ORGANIZATION TRAINING MILLENNIALS TO GET ENGAGED IN -- IN -- IN POLICY

AND POLITICS AROUND THE COUNTRY. FORTY-SIX CHAPTERS AROUND THE

COUNTRY, 6,000 MILLENNIALS, NOTABLY SOME OF THE LOCAL LEADERS THAT HAVE

-- HAVE GONE FROM TRAINING TO BE MORE ENGAGED. WE HAVE SCHENECTADY

CITY SCHOOL BOARD MEMBER IN KATHERINE STEVENS; A FULTON COUNTY

SUPERVISOR, GREG YOUNG; ALBANY CITY SCHOOL BOARD MEMBER, TABETHA

WILSON; MANY OF US HAVE SEEN DORSEY (PHONETIC) AND HER INCREDIBLE

WORK, AS WELL, LOCALLY IN BEING A RISING STAR.

NYS ASSEMBLY MARCH 21, 2018

IT IS A GROUP THAT IS DOING REMARKABLE WORK IN

MOBILIZING ACROSS THE COUNTRY AND HERE. WE HAVE 17 FELLOWS THAT HAVE

BEEN GOING THROUGH A SIX-MONTH TRAINING AND THEY REGULARLY ARE

ENGAGED IN TRAINING, 17 BOARD MEMBERS AND 73 ALUMNI LOCALLY. AS WE

CELEBRATE WOMEN'S HISTORY MONTH, 61 PERCENT OF THE MEMBERS OF NLC

ARE WOMEN THAT HAVE BEEN GETTING ENGAGED IN POLITICS ACROSS THE

COUNTRY THAT WE'RE VERY EXCITED ABOUT. AND THIS IS THEIR FIRST EVER

CAPITAL REGION DAY, MR. SPEAKER, SO THAT THEY CAN BE MORE ENGAGED IN

WHAT'S HAPPENING HERE. IT IS A GROUP THAT WAS FOUNDED BY CHRIS KELLY,

WHO IS THE ORIGINAL GENERAL COUNSEL OF FACEBOOK, AND I WOULD

ENCOURAGE OUR COLLEAGUES, AS WE ARE RECOGNIZING THAT MILLENNIALS ARE

NOW THE LARGEST VOTING BLOCK IN THE COUNTRY, IT'S A REMARKABLE

ORGANIZATION TO BE A PART OF, AND I'M GRATEFUL TO BE A PART OF THEIR

LEADERSHIP AND VERY PROUD TO SEE EVERYTHING THAT THEY'RE DOING, MR.

SPEAKER.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. BLAKE, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME THIS

REMARKABLE GROUP HERE TO THE NEW YORK STATE ASSEMBLY. WE EXTEND

TO YOU THE PRIVILEGES OF THE FLOOR. WE COMMEND YOU ON THAT INTEREST IN

IMPROVING OUR WORLD, IMPROVING OUR GOVERNING PROCESSES. WE HOPE

THAT YOU WILL BE SUCCESSFUL IN YOUR FUTURE. THANK YOU SO VERY MUCH

FOR YOUR WORK AND YOUR INTEREST.

(APPLAUSE)

MR. SANTABARBARA.

MR. SANTABARBARA: THANK YOU, MR. SPEAKER.

NYS ASSEMBLY MARCH 21, 2018

TODAY, I RISE TO INTRODUCE SEVERAL DISTINGUISHED GUESTS AND MILITARY

LEADERS FROM THE CAPITAL REGION HERE WITH THE UNIFIED MILITARY AFFAIRS

COUNCIL AND REPRESENTING THE MANY LOCAL MILITARY INSTILLATIONS. THEY

ARE JOINING US HERE FOR CAPITAL REGION MILITARY DAY AT THE STATE

CAPITOL AND THEY'RE HERE WITH THE CHAMBER AND THE UNIFIED MILITARY

AFFAIRS COUNCIL TO SERVE A MISSION THAT HIGHLIGHTS THE IMPORTANCE OF

THE MILITARY PRESENCE HERE IN THE CAPITAL REGION AND TO ENSURE ITS

LONG-TERM VIABILITY AND SUCCESS.

NEW YORK STATE IS HOME TO MORE THAN 900,000

MILITARY VETERANS AND THEIR FAMILIES, MANY OF THEM SERVE RIGHT HERE IN

THE CAPITAL REGION. THE DEDICATED MEMBERS OF OUR NATION'S ARMED

FORCES WHO CALL THE CAPITAL REGION THEIR HOME ARE PILLARS OF OUR

COMMUNITIES AND PROVIDE A GREAT EXAMPLE TO US ALL. AND CAPITAL

REGION MILITARY DAY HIGHLIGHTS THEIR CONTRIBUTIONS THAT HAVE AN IMPACT

ON OUR GLOBAL, NATIONAL, STATE AND REGIONAL ECONOMIES.

JOINING US ARE SEVERAL MILITARY LEADERS FROM

INSTILLATIONS HERE IN THE CAPITAL REGION AND THE MEN AND WOMEN THAT

SERVE IN THOSE MILITARY INSTILLATIONS. THEY ARE JOINED BY THOMAS

O'CONNOR, WHO IS THE DIRECTOR OF GOVERNMENT RELATIONS AT THE CAPITAL

REGION CHAMBER, AND MEMBERS OF THE UNIFIED MILITARY AFFAIRS

COUNCIL. MR. SPEAKER, TODAY I'M PROUD TO SPONSOR A LEGISLATIVE

RESOLUTION HERE IN THE STATE ASSEMBLY TO HONOR THESE LOCAL MILITARY

INSTILLATIONS AND ALL THOSE WHO SERVE HERE IN THE CAPITAL REGION. AND

I'M SO VERY PLEASED TO HAVE THESE DISTINGUISHED GUESTS HERE IN THE

CHAMBER AND TO THANK THEM FOR THE SERVICE TO OUR GREAT NATION. MR.

NYS ASSEMBLY MARCH 21, 2018

SPEAKER, IF YOU WOULD WELCOME THEM TO THE CHAMBER AND EXTEND TO

THEM ALL THE CORDIALITIES OF THE HOUSE.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. SANTABARBARA, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME

YOU HERE -- AND MS. WALSH, WE WELCOME YOU HERE TO THE NEW YORK

STATE ASSEMBLY. WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. WE

COMMEND YOU ON THE SERVICE THAT YOU HAVE PROVIDED TO THIS STATE AND

THIS COUNTRY. WE ARE FOREVER GRATEFUL AND IN YOUR DEBT FOR WHAT YOU

HAVE DONE AND WHAT YOU CONTINUE TO DO WITH YOUR LIVES. THANK YOU SO

VERY MUCH. YOU ARE ALWAYS WELCOME HERE.

(APPLAUSE)

MS. WEINSTEIN FOR THE PURPOSES OF AN INTRODUCTION.

MS. WEINSTEIN: YES, THANK YOU, MR. SPEAKER. ON

BEHALF OF MYSELF AND ASSEMBLYWOMAN WILLIAMS, I'D LIKE TO INTRODUCE

SOME OF OUR CONSTITUENTS WHO ARE HERE FROM THE JCC OF MARINE PARK.

IT'S AN ORGANIZATION THAT WAS ESTABLISHED IN 2008 TO SERVICE THE NEEDS OF

THE ENTIRE LOCAL MARINE PARK COMMUNITY AND OVER THE PAST 10 YEARS,

HAS GROWN TO PROVIDE NECESSARY SERVICES TO OUR -- OUR YOUTH, OUR

COMMUNITY, FOOD PANTRY, FOR NOT ONLY OUR MARINE PARK COMMUNITY, BUT

SURROUNDING COMMUNITIES, MILL BASIN, GEORGETOWN, CANARSIE AND

BEYOND. HERE WITH US, THE BRAVE SOULS WHO ARE GOING TO TRY AND MAKE

THEIR WAY BACK TO BROOKLYN LATER TODAY THROUGH THE SNOW ARE SHEA

RUBENSTEIN, THE EXECUTIVE VICE PRESIDENT OF THE JCC MARINE PARK;

YITZY WEINBERG, THE EXECUTIVE ASSISTANT DIRECTOR; MENDY RINKOFF, THE

CHIEF FINANCIAL OFFICER, ALONG WITH SAUL SINGER, SHMULLY RUBENSTEIN,

NYS ASSEMBLY MARCH 21, 2018

RACHAEL RUBENSTEIN AND RIFKY WEINBERG. IF YOU COULD OFFER THEM THE

CORDIALITIES OF OUR HOUSE AND WELCOME THEM, MR. SPEAKER, I'D BE MOST

GRATEFUL.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MS. WEINSTEIN, MS. WILLIAMS, THE SPEAKER AND ALL THE MEMBERS, WE

WELCOME THIS MOST DISTINGUISHED GROUP HERE TO THE NEW YORK STATE

ASSEMBLY. WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. THANK YOU

FOR THE SERVICE THAT YOU'RE PROVIDING YOUR COMMUNITIES AND

SURROUNDING COMMUNITIES. WE WISH YOU WELL. HOPE THAT YOU WILL

CONTINUE THAT AND WE WISH YOU SAFE ON YOUR WAY BACK TO MARINE PARK.

PLEASE ALWAYS KNOW THAT YOU'RE WELCOME HERE. THANK YOU.

(APPLAUSE)

MR. MORELLE.

MR. MORELLE: THANK YOU, MR. SPEAKER. WHY

DON'T WE BEGIN ON PAGE 3 OF THE MAIN CALENDAR WITH ASSEMBLY

RESOLUTION NO. 937 BY MS. SIMOTAS.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY RESOLUTION NO. 937, MS.

SIMOTAS. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW M.

CUOMO TO PROCLAIM MARCH 2018 AS GREEK HISTORY MONTH IN THE STATE

OF NEW YORK, IN CONJUNCTION WITH THE COMMEMORATION OF THE 197TH

ANNIVERSARY OF GREEK INDEPENDENCE.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS

ADOPTED.

NYS ASSEMBLY MARCH 21, 2018

THE CLERK: ASSEMBLY RESOLUTION NO. 938, MS.

ROSENTHAL. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW

M. CUOMO TO PROCLAIM MARCH 2018 AS PROBLEM GAMBLING AWARENESS

MONTH IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS

ADOPTED.

MR. MORELLE.

MR. MORELLE: YES, THANK YOU, SIR. I'D LIKE TO START

CONSENTING WITH CALENDAR NO. 474 BY MS. SOLAGES, WHICH YOU WILL

FIND ON PAGE 62 OF THE CALENDAR.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A06781, CALENDAR NO.

474, SOLAGES, ORTIZ, COLTON. AN ACT TO AMEND THE LABOR LAW, IN

RELATION TO REGULATIONS PROMULGATED FOR SYSTEMATIC AND SUSTAINED

EFFORTS TO FIND WORK FOR UNEMPLOYMENT BENEFITS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06797-A, CALENDAR

NO. 475, WOERNER, VANEL, LUPARDO, SEPULVEDA. AN ACT TO AMEND THE

WORKERS' COMPENSATION LAW, IN RELATION TO AUTHORIZING CERTAIN CARE

AND TREATMENT TO INJURED EMPLOYEES.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06809, CALENDAR NO.

476, STIRPE, WEINSTEIN. AN ACT TO AMEND THE ESTATES, POWERS & TRUSTS

LAW, IN RELATION TO TESTAMENTARY DISPOSITION TO TRUSTEE UNDER, OR IN

NYS ASSEMBLY MARCH 21, 2018

ACCORDANCE WITH, TERMS OF EXISTING INTER VIVOS TRUST.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06837, CALENDAR NO.

477, WEINSTEIN. AN ACT TO AMEND THE FAMILY COURT ACT, IN RELATION TO

ADJOURNMENTS IN CONTEMPLATION OF DISMISSAL AND SUSPENDED JUDGMENTS

IN CHILD PROTECTIVE PROCEEDINGS IN THE FAMILY COURT.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06838, CALENDAR NO.

478, WEPRIN, GOTTFRIED, CYMBROWITZ, MOSLEY, SEPULVEDA, PAULIN,

DICKENS, HARRIS, DENDEKKER, COLTON, DILAN, ZEBROWSKI, JONES,

BRINDISI, FAHY, HIKIND, RODRIGUEZ, PHEFFER AMATO, DINOWITZ, M.G.

MILLER, TITONE, VANEL, D'URSO, SKARTADOS, PELLEGRINO, CRESPO, GALEF,

THIELE, MAGEE, ORTIZ, MCDONALD, RIVERA, RAMOS, QUART, STECK,

SKOUFIS, SANTABARBARA, BENEDETTO, CUSICK, KIM, ABINANTI, LENTOL,

CARROLL, JOYNER, HOOPER, BUCHWALD, ABBATE, TAYLOR. AN ACT TO AMEND

THE PUBLIC HEALTH LAW, IN RELATION TO BODY IMAGING SCANNING

EQUIPMENT; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON

EXPIRATION THEREOF.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

WEPRIN, THE SENATE BILL THE BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED AND THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06865, CALENDAR NO.

479, WEPRIN, CUSICK, BENEDETTO, ABINANTI, SEAWRIGHT, MOSLEY. AN ACT

TO AMEND THE EXECUTIVE LAW, IN RELATION TO REQUIRING COUNTIES TO

MAINTAIN A CONFIDENTIAL REGISTRY OF PEOPLE OF ALL AGES WITH DISABILITIES

NYS ASSEMBLY MARCH 21, 2018

FOR EVACUATION AND SHELTERING DURING DISASTERS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06906, CALENDAR NO.

480, RYAN, BRINDISI, WILLIAMS, COLTON, L. ROSENTHAL, GOTTFRIED, GALEF,

RA, BUCHWALD, LUPARDO, ROZIC, SEPULVEDA, QUART, DINOWITZ,

ZEBROWSKI, LIFTON, PAULIN, MOSLEY, DE LA ROSA, ORTIZ, STECK, D'URSO,

TAYLOR, HARRIS, ABINANTI. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN

RELATION TO THE DEFINITION OF ELEVATED BLOOD LEAD LEVELS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. MORELLE.

MR. MORELLE: THANK YOU, MR. SPEAKER. LADIES

AND GENTLEMEN, THIS REPRESENTS OUR FIRST TALLY OF THE DAY, SO PLEASE CAST

YOUR TALLY FOR OR AGAIN (SIC). AND THOSE FOLKS WHO ARE OUTSIDE THE

CHAMBER AND CAN HEAR THE SOUND OF MY VOICE, PLEASE MAKE YOUR WAY

IN FOR THE FIRST VOTE OF THE DAY.

ACTING SPEAKER AUBRY: FIRST VOTE OF THE DAY,

MEMBERS. PLEASE COME TO THE CHAMBER AND CAST YOUR BALLOT. THANK

YOU.

MR. RA TO EXPLAIN HIS VOTE.

MR. RA: THANK YOU, MR. SPEAKER. I JUST WANT TO

COMMEND THE SPONSOR FOR HIS CONTINUED EFFORTS REGARDING THIS ISSUE.

NYS ASSEMBLY MARCH 21, 2018

I'VE HAD THE OPPORTUNITY TO MEET WITH SOME ORGANIZATIONS THAT ARE --

THAT ARE TRYING TO WORK ON THIS ISSUE, AND THIS BILL WILL HAVE A POSITIVE

IMPACT ON THE HEALTH OF THE CHILDREN OF NEW YORK STATE. WE'RE --

WE'RE JUST BASICALLY MOVING TO -- TO CHANGE OUR -- OUR PUBLIC HEALTH

LAW TO REFLECT WHAT WE NOW KNOW IS AN APPROPRIATE STANDARD AT THE

FEDERAL LEVEL AND THE IMPACT THAT WILL HAVE IS IT'LL QUALIFY ADDITIONAL

CHILDREN FOR SERVICES EARLY ON THAT WILL HOPEFULLY MAKE A TREMENDOUS

DIFFERENCE IN THEIR FUTURES. SO, I THANK THE SPONSOR FOR HIS EFFORTS WITH

REGARD TO THIS ISSUE AND I HOPE THAT THIS YEAR, THE SENATE WILL JOIN US IN

PASSING THIS LEGISLATION. THANK YOU.

ACTING SPEAKER AUBRY: MR. RA IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A06915-A, CALENDAR

NO. 481, HARRIS, HYNDMAN, ORTIZ, VANEL, SIMON, MOSLEY, CRESPO,

DICKENS, SEPULVEDA, HEVESI, GLICK, BARRON, JEAN-PIERRE. AN ACT TO

AMEND THE REAL PROPERTY TAX LAW, IN RELATION TO PROVIDING LANGUAGE

ACCESS SERVICES TO INDIVIDUALS RELATING TO THE TAX ABATEMENT PROGRAM

FOR RENT-CONTROLLED AND RENT-REGULATED PROPERTY OCCUPIED BY SENIOR

CITIZENS OR PERSONS WITH DISABILITIES.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06926-A, CALENDAR

NO. 482, MAGNARELLI, MCDONALD, HARRIS, SCHIMMINGER, D'URSO, JONES,

NYS ASSEMBLY MARCH 21, 2018

WALLACE, COOK, GALEF. AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW,

IN RELATION TO SPECIAL HAULING PERMITS FOR VEHICLE COMBINATIONS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 60TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK WILL ANNOUNCE THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A06928-A, CALENDAR

NO. 483, GALEF. AN ACT TO AMEND THE CRIMINAL PROCEDURE LAW, IN

RELATION TO DESIGNATING UNIFORMED COURT OFFICERS IN THE TOWN OF

OSSINING, COUNTY OF WESTCHESTER AS PEACE OFFICERS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MR. MORELLE.

MR. MORELLE: THANK YOU, MR. SPEAKER. WOULD

NYS ASSEMBLY MARCH 21, 2018

YOU PLEASE CALL ON MR. OTIS SO HE MAY MAKE AN ANNOUNCEMENT?

ACTING SPEAKER AUBRY: MR. OTIS FOR THE

PURPOSES OF AN ANNOUNCEMENT.

MR. OTIS: THERE WILL BE AN IMMEDIATE MEETING OF

THE DEMOCRATIC CONFERENCE AS SOON AS YOU CAN GET YOURSELVES OVER

THERE.

ACTING SPEAKER AUBRY: DEMOCRATIC

CONFERENCE IMMEDIATELY.

MR. MORELLE.

MR. MORELLE: THANK YOU, MR. SPEAKER. I NOW

MOVE THAT THE HOUSE STAND IN RECESS UNTIL THE CONCLUSION OF PARTY

CONFERENCE.

ACTING SPEAKER AUBRY: THE HOUSE WILL STAND

IN RECESS.

(WHEREUPON, AT 1:55 P.M., THE ASSEMBLY STOOD IN

RECESS.)

* * * * *

A F T E R T H E R E C E S S 2:54 P.M.

ACTING SPEAKER AUBRY: THE HOUSE WILL COME

TO ORDER.

MR. MORELLE.

MR. MORELLE: THANK YOU, MR. SPEAKER. BEFORE

WE START, I'D LIKE TO ASK MEMBERS OF THE RULES COMMITTEE TO MOVE TO

THE SPEAKER'S CONFERENCE ROOM SO WE CAN DO A COMMITTEE ON RULES,

SPEAKER'S CONFERENCE ROOM.

NYS ASSEMBLY MARCH 21, 2018

ACTING SPEAKER AUBRY: COMMITTEE ON RULES,

SPEAKER'S CONFERENCE ROOM IMMEDIATELY.

MR. MORELLE: MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. MORELLE.

MR. MORELLE: IF -- WHILE WE AWAIT THE WORK OF

THE RULES COMMITTEE AND THE A-CALENDAR WHICH IT HOPEFULLY WILL

PRODUCE, LET'S RESUME CONSENTING. LET'S PICK UP WHERE WE LEFT OFF WITH

CALENDAR NO. 484 ON PAGE 64 OF THE MAIN CALENDAR BY MR. ZEBROWSKI.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A06949-B, CALENDAR

NO. 484, ZEBROWSKI, BRINDISI, SKARTADOS, JENNE, MCDONALD,

SEPULVEDA, BLAKE, LUPARDO. AN ACT TO AMEND THE BANKING LAW, IN

RELATION TO THE BANKING DEVELOPMENT DISTRICT PROGRAM; TO AMEND

CHAPTER 526 OF THE LAWS OF 1998, AMENDING THE BANKING LAW RELATING

TO PARTICIPATION IN THE BANKING DEVELOPMENT DISTRICTS PROGRAM, IN

RELATION TO THE EFFECTIVENESS THEREOF.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06967, CALENDAR NO.

485, ZEBROWSKI, SEPULVEDA, COOK, HOOPER, VANEL, CAHILL, JAFFEE,

GOTTFRIED, HARRIS, COLTON, NIOU. AN ACT TO AMEND THE REAL PROPERTY

LAW, IN RELATION TO REQUIRING LANDLORDS TO MITIGATE DAMAGES IF A TENANT

VACATES A PREMISES IN VIOLATIONS OF THE TERMS OF THE LEASE.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06971, CALENDAR NO.

486, O'DONNELL, BARRON. AN ACT TO AMEND THE ADMINISTRATIVE CODE OF

NYS ASSEMBLY MARCH 21, 2018

THE CITY OF NEW YORK, THE EMERGENCY TENANT PROTECTION ACT OF 1974

AND THE EMERGENCY HOUSING RENT CONTROL LAW, IN RELATION TO BUILDING

ELIGIBILITY FOR MAJOR CAPITAL IMPROVEMENT RENT SURCHARGES.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06974, CALENDAR NO.

487, JAFFEE, LUPARDO, D'URSO, GALEF, SEAWRIGHT, GOTTFRIED, ABINANTI,

COOK, HEVESI, SEPULVEDA, JEAN-PIERRE, STECK, TAYLOR, COLTON, HARRIS.

AN ACT TO AMEND THE SOCIAL SERVICES LAW, IN RELATION TO

REIMBURSEMENT FOR CHILD CARE ABSENCES.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06977-A, CALENDAR

NO. 488, BARRON, JAFFEE, ORTIZ, HYNDMAN, HARRIS. AN ACT TO AMEND THE

EDUCATION LAW, IN RELATION TO ESTABLISHING AN APPEALS PROCESS FOR

STUDENTS DENIED THE STATE RESIDENT TUITION RATE AT A PUBLIC COLLEGE OR

UNIVERSITY.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06983, CALENDAR NO.

489, TITONE, STECK, WEINSTEIN, SEPULVEDA, SEAWRIGHT, ABINANTI,

D'URSO. AN ACT TO AMEND THE CIVIL PRACTICE LAW AND RULES, IN RELATION

TO ARBITRATION AGREEMENTS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06989, CALENDAR NO.

490, JAFFEE, LUPARDO, D'URSO, SIMON, SIMOTAS, GOTTFRIED, ABINANTI,

GLICK, COLTON, SEPULVEDA, JEAN-PIERRE, M. L. MILLER, CRESPO, HARRIS,

WRIGHT, TAYLOR. AN ACT TO AMEND THE LABOR LAW, IN RELATION TO

NYS ASSEMBLY MARCH 21, 2018

COMPELLING FAMILY REASONS AND THE CONTINUANCE OF UNEMPLOYMENT

BENEFITS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06991, CALENDAR NO.

491, ABBATE. AN ACT TO AMEND CHAPTER 154 OF THE LAWS OF 1921,

RELATING TO THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, IN RELATION

TO PAID TIME OFF FOR PORT AUTHORITY POLICE OFFICERS WHO BECOME ILL OR

INJURED IN THE PERFORMANCE OF THEIR DUTIES.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER DE LA ROSA: ARE THERE ANY

OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A07009, CALENDAR NO.

492, PAULIN, BLAKE, DINOWITZ, GALEF, JAFFEE, M.G. MILLER, L.

ROSENTHAL, ZEBROWSKI, CROUCH, RAIA. AN ACT TO AMEND THE ELECTION

LAW, IN RELATION TO MAILING SPECIAL BALLOTS FOR VICTIMS OF DOMESTIC

VIOLENCE.

ACTING SPEAKER DE LA ROSA: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

NYS ASSEMBLY MARCH 21, 2018

ACTING SPEAKER DE LA ROSA: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

MR. MORELLE.

THE BILL IS PASSED.

MR. MORELLE: THANK YOU, MADAM SPEAKER.

THERE ARE, ON MEMBERS' DESKS, AN A-CALENDAR. I NOW MOVE TO ADVANCE

THE A-CALENDAR.

ACTING SPEAKER AUBRY: ON MR. MORELLE'S

MOTION, THE A-CALENDAR IS ADVANCED.

MR. MORELLE.

MR. MORELLE: YES, THANK YOU, MR. SPEAKER. I'D

LIKE TO GO DIRECTLY TO PAGE 3 OF THE A-CALENDAR AND TAKE UP RULES

REPORT NO. 17, 1-7, A BUDGET BILL.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A09502, RULES REPORT

NO. 17, BUDGET BILL. AN ACT TO MAKING APPROPRIATIONS FOR THE LEGAL

REQUIREMENTS OF THE STATE DEBT SERVICE AND LEASE PURCHASE PAYMENTS

AND OTHER SPECIAL CONTRACTUAL OBLIGATIONS.

ACTING SPEAKER AUBRY: MR. -- OH.

AN EXPLANATION IS REQUESTED, MS. WEINSTEIN.

MS. WEINSTEIN: YES, THANK YOU, MR. SPEAKER.

THE BILL THAT IS BEFORE US TODAY -- WELL, THIS IS THE BEGINNING OF OUR FIRST

NYS ASSEMBLY MARCH 21, 2018

BILL OF OUR BUDGET FOR '18-'19 AND THE BILL THAT IS BEFORE US TODAY

PROVIDES FOR THE DEBT SERVICE PAYMENTS OF $5.7 BILLION. DEBT SERVICE

PAYMENTS IN THIS BILL ARE ESTIMATED TO DECREASE BY $675 MILLION FROM

THE PRIOR YEAR AND WILL REMAIN IN COMPLIANCE WITH THE LIMITATIONS SET

FORTH BY THE DEBT REFORM ACT OF 2000. THIS BILL IS NECESSARY FOR THE

STATE TO MAKE LEGALLY-REQUIRED DEBT SERVICE PAYMENTS ON OUTSTANDING

BONDS AND NEW STATE-SUPPORTED ISSUES. AS I THINK MOST MEMBERS

KNOW THAT DEBT SERVICE PAYS THE STATE GENERAL OBLIGATION BONDS, LEASE

PURCHASE AGREEMENTS, SPECIAL CONTRACTUAL PAYMENTS AND REVENUE BOND

FINANCING AGREEMENTS. DEBT SERVICE WILL REMAIN UNDER THE DEBT CAP FOR

THE STATE-SUPPORTED BOND PAYMENTS OF PRINCIPAL, INTEREST AND OTHER

RELATED EXPENSES.

THE DEBT SERVICE PAYMENTS WITHIN SUPPORT $55.2

BILLION IN OUTSTANDING DEBT AND THE STATE DEBT SUPPORTS, TRANSPORTATION,

PUBLIC PROTECTION INFRASTRUCTURE, SUNY/CUNY AND OTHER EDUCATIONAL

FACILITIES, ECONOMIC DEVELOPMENT PROJECTS, AS WELL AS HOUSING AND

PARKS INITIATIVES. I'D BE HAPPY TO RESPOND TO SOME QUESTIONS -- SPECIFIC

QUESTIONS.

ACTING SPEAKER AUBRY: MR. OAKS.

MR. OAKS: THANK YOU, MR. SPEAKER. AND SEEING AS

I'VE ALREADY BEEN OFFERED QUESTIONS TO BE ASKED, I GUESS I'LL START IN

WITHOUT ASKING IF I MIGHT.

AS CHAIR OF WAYS AND MEANS AND NOW SEEING THE FIRST

OF THE BUDGET BILLS, I GUESS A LOT OF PEOPLE IN THE CHAMBER TODAY,

CERTAINLY ON MY SIDE OF THE AISLE AND PERHAPS ON YOURS, AS WELL, ARE, IN

NYS ASSEMBLY MARCH 21, 2018

ADDITION TO LOOKING FOR WHAT WE'RE TALKING ABOUT IN DEBT TODAY IN THIS

BILL, OF JUST LOOKING AT WHERE WE ARE, THE CLOCK IS TICKING TOWARD APRIL

1ST AND I KNOW CONFERENCE COMMITTEES HAVE MET, BUT IN YOUR

PERSPECTIVE WHERE WE STAND TODAY TO GET US TO THE FINISH LINE IN A

TIMELY FASHION, WHAT IS YOUR PERSPECTIVE WITH WHERE WE STAND TODAY?

MS. WEINSTEIN: AS YOU -- AS YOU KNOW, THE --

TRADITIONALLY WE ACT ON THE DEBT SERVICE BILL TO MAKE SURE THE BOND

RATERS AND EVERYBODY KNOW THAT THE STATE IS GOING TO BE SECURE IN

ADVANCE OF THE FINAL PASSAGE OF THE BILL, BUT I BELIEVE THAT WE ARE ON

TRACK FOR AN ON-TIME BUDGET WHICH THIS YEAR REALLY MEANS AN EARLY

BUDGET SINCE IT'S BECAUSE OF THE VARIOUS RELIGIOUS HOLIDAYS. I'M

OPTIMISTIC THAT BY THIS TIME -- WELL, ACTUALLY BY JUST OVER A WEEK FROM

NOW THAT WE'LL BE STANDING HERE DEBATING OUR -- THE FINAL -- THE FINAL

BUDGET.

MR. OAKS: I HOPE THAT THE CHAIR IS -- IS CORRECT AND

THANK YOU, HELENE, FOR THAT PERSPECTIVE. AS WE -- YOU KNOW, YOU WENT

THROUGH SOME OF THE SUMMARY WE DID IN WAYS AND MEANS AND JUST

LOOKING AT WHERE THE DOLLAR FIGURES ARE TELLING US THAT WE'RE WITHIN THE

CAPS THAT ARE BEEN PLACED ON BY THE TOTAL AMOUNT OF DEBT, WHAT THE DEBT

SERVICE IS, HOW MUCH WE'RE APPROPRIATING IN THIS BILL AND HOW MUCH

THOSE DEBT PAYMENTS WILL BE. AND ONE OF THE THINGS YOU BROUGHT UP

THAT ACTUALLY SOUNDED GOOD TO ME WAS YOU SAID THAT WE ARE GOING TO BE

ACTUALLY ANTICIPATING ABOUT $675 MILLION OR SO LESS THAN THE CURRENT

FISCAL YEAR AND, ACTUALLY, DEBT SERVICE PAYMENTS. BUT I ALSO -- I GUESS

WHAT I WOULD LIKE TO SAY IN THAT, THOUGH, IN THE FIVE-YEAR PLAN THAT WE

NYS ASSEMBLY MARCH 21, 2018

HAVE, THE STATE WOULD -- WHAT THE GOVERNOR IS SHOWING OR IN THE

EXECUTIVE'S FINANCIAL PLAN, WE'D SHOW THAT WE'RE GOING TO ADD, YOU

KNOW, OR AUTHORIZE OVER THOSE NEXT FIVE YEARS LIKE $33 BILLION AND THAT

WOULD TOTAL $10.7 BILLION MORE THAN WHAT'S PROJECTED. SO, IT KIND OF

SOUNDED TO ME LIKE, GEE, MAYBE WE'RE MAKING PROGRESS, WE'RE GOING TO

BE PAYING LESS IN DEBT SERVICE, BUT NOW I LOOK AT IT IN SAYING, GOING

FORWARD, WE'RE LOOKING TO PROBABLY EXPAND SIGNIFICANTLY THE TOTAL

AMOUNT OF DEBT THAT WE'RE GOING TO HAVE, RAISING UP TO $65.9 BILLION

OVER THE NEXT FIVE YEARS.

AND I GUESS, YOU KNOW, MY QUESTION WOULD END UP

BEING IS DO YOU SEE THAT AS BEING SUSTAINABLE? CAN WE, IN THE MIDST OF,

YOU KNOW, WHAT THE PAYMENTS ARE TODAY, HOW MUCH WE OWE TODAY,

$52 BILLION, WE'RE AUTHORIZING TO GET UP TO $55-, BUT THEN IN FIVE YEARS

SEVERAL BILLIONS MORE ON TOP OF THAT. ARE WE GOING TO BE ABLE TO

CONTINUE TO FIT WITHIN THE CAPS AND MEET OUR OBLIGATIONS OF THE STATE?

MS. WEINSTEIN: YES, WE BELIEVE SO AND,

OBVIOUSLY, THERE'S A DIFFERENCE BETWEEN THE CAP ON -- ON -- ON THE

BONDS THEMSELVES VERSUS THE INTEREST PAYMENTS, THE DEBT PAYMENTS.

MR. OAKS: RIGHT.

MS. WEINSTEIN: SO, AS WE'VE ADDED ADDITIONAL

CAPITAL, WE'VE ADDED ADDITIONAL CAPITAL FOR THINGS LIKE HOSPITALS AND

SUNY/CUNY. AS WE'VE ADDED MORE OF THAT CAPITAL, THE DEBT SERVICE

STARTS TO -- THOSE PAYMENTS ARE STARTING TO BECOME -- COME DUE, AND

THEY WILL, OVER TIME, AS YOU SAY, WILL BE ON AN -- ON AN INCREASE. BUT I

THINK WE'RE CONFIDENT THAT WE'LL BE ABLE TO MAKE THE DEBT SERVICE

NYS ASSEMBLY MARCH 21, 2018

PAYMENTS.

MR. OAKS: WHEN WE WENT THROUGH AND YOU GAVE

SOME OF THE FIGURES BOTH IN WAYS AND MEANS AND IN YOUR OPENING

COMMENTS TODAY. IS YOUR EXPECTATION THAT BY ANY OF THE ACTIONS WE'RE

GOING TO TAKE OVER THE NEXT WEEK OR SO AND AUTHORIZATIONS OF THINGS AS

WE LOOK FORWARD TO THAT, ARE WE GOING TO BE IMPACTING ANY OF THOSE

FIGURES AS WE LOOK TOWARD THE FUTURE AND THE FINANCIAL PLAN THAT THE

GOVERNOR PUT OUT WITH -- WITH HIS BUDGET PROPOSAL?

MS. WEINSTEIN: I THINK WE'RE -- WE'RE CONFIDENT

THAT THERE IS ENOUGH ROOM IN THE APPROPRIATION, IN THE DRY

APPROPRIATION THAT'S THERE TO BE ABLE TO SUSTAIN ADDITIONAL -- ADDITIONAL

DEBT AND IF WE NEED TO, OBVIOUSLY, WE CAN COME BACK. IF YOU

REMEMBER THE DISCUSSION WE HAD IN THE ONE-HOUSE, THERE ARE SOME --

WE'RE HOPING THERE STILL WILL BE SOME RESERVES, IF NECESSARY, TO MAKE AN

ADJUSTMENT.

MR. OAKS: ONE OF THE THINGS THE GOVERNOR TALKED

ABOUT IN HIS FINANCIAL PLAN, AS WELL, WAS DOING -- ASSUMING SOME

CAPITAL EFFICIENCIES AND CAPITAL SPENDING REDUCTIONS TO STAY WITHIN THE

DEBT CAP. DO WE HAVE ANY SPECIFICS ON WHAT THESE EFFICIENCIES OR

REDUCTIONS ARE AT THE SAME TIME WE'RE RAISING THE AMOUNT OF CAPITAL

INVESTMENT?

MS. WEINSTEIN: YOU KNOW, I THINK AT THIS

MOMENT I COULDN'T GIVE YOU THE SPECIFICS. I KNOW THAT THEY ARE LOOKING

AT DIFFERENT MECHANISMS TO TRY AND MANAGE THE DEBT, YOU KNOW,

WHETHER IT'S STRETCHING OUT -- STRETCHING IT OUT OR LOOKING AT OTHER KINDS

NYS ASSEMBLY MARCH 21, 2018

OF EFFICIENCIES. I THINK THAT'S -- THAT'S WHERE WE -- WE ARE AT THE

MOMENT.

MR. OAKS: WELL, ONE OF THE THINGS I KNOW UNDER

THE FEDERAL TAX REFORM, THE ADVANCED REFUNDINGS ARE NO LONGER TAX

EXEMPT AND SO THE STATE UTILIZES THOSE AS A WAY TO LOWER THE DEBT AND

MANAGE IT. SO, HAS THIS ISSUE COME UP YET IN NEGOTIATIONS AND IS THERE

ANYTHING THAT THE STATE PLANS TO DO SPECIFICALLY WITH THAT TO KEEP THE

FINANCIAL PLAN NEEDS MET?

MS. WEINSTEIN: THERE ISN'T REALLY DISCUSSION

GOING ON NOW. I THINK WHEN, YOU KNOW, LAST YEAR WHEN THE FEDERAL

PLAN WAS ENACTED, THERE WAS ESTIMATIONS THAT I GUESS, NATIONWIDE, IT

WOULD BE ABOUT A 20 PERCENT IMPACT, ABOUT 20 PERCENT OF THE BONDS,

MUNICIPAL BONDS TO GET REFINANCED. AND IN ANTICIPATION OF -- OF THAT

HAPPENING AND, ACTUALLY, AFTER BEING ENACTED, THE STATE DID DO SOME

REFINANCING OF OUR DEBT, BUT, AS YOU KNOW, YOU KNOW, AT THE MOMENT

INTEREST RATES ARE RELATIVELY LOW SO THE REFINANCING GENERALLY WOULD BE

TO TAKE ADVANTAGE OF A -- OF A LOWER RATE SO FOR THE MOMENT, IT'S NOT AN

ISSUE ON MANY OF OUR -- IN THE CURRENT SITUATION. IT MAY, YOU KNOW, AS

TIME GOES ON, THAT -- THAT FEDERAL CHANGE MAY, IN FACT, IMPACT NEW

YORK STATE, AS WELL AS OTHER STATES.

MR. OAKS: ONE OF THE THINGS WE TALKED ABOUT LAST

WEEK WITH THE ONE-HOUSE WAS THE GOVERNOR'S PROPOSAL THAT WAS

REJECTED IN THE ASSEMBLY ONE-HOUSE AS WELL AS, IT'S MY UNDERSTANDING,

THE SENATE ONE-HOUSE, THAT WOULD DIRECT THE DIRECTOR OF THE BUDGET TO

TAKE 50 PERCENT OF WHATEVER IS THE CASH SURPLUS AT THE END OF THE FISCAL

NYS ASSEMBLY MARCH 21, 2018

YEAR TO MOVE THAT TO THE DEBT REDUCTION RESERVE FUND. SO, THAT WAS

REJECTED BY BOTH OF THE HOUSES IN THEIR ONE-HOUSE PROPOSALS. HAVE WE

COME TO ANY FINAL RESOLUTION ON THAT ISSUE WHETHER OR NOT THAT WILL END

UP IN THE FINAL BUDGET OR NO?

MS. WEINSTEIN: IT'S NOT BEEN RESOLVED YET. IT'S

STILL UNDER NEGOTIATIONS SO PROBABLY A WEEK FROM NOW, I COULD GIVE YOU

A MUCH BETTER DEFINITIVE ANSWER.

MR. OAKS: I MAY ASK THAT QUESTION AGAIN, OR BE

ABLE TO FIND IT OUT MYSELF.

ON THE DEBT SERVICE COSTS AND HOW WE APPLY THAT, THE

BOND MARKETS LOOK AT US AND RATE US ON OUR ABILITY TO PAY. WE PUT THE

PIT AGAINST THAT, BUT THERE -- WITH THE CHANGES IN ALB -- OR WASHINGTON

WITH THE TAX LAW WITH SOME OF THE PROPOSED CHANGES, THE PAYROLL TAX

SYSTEM AND OTHERS, HAS THERE HAVE BEEN ANY AGREEMENT TO AN INCREASE

IN THE PERCENTAGE OF RECEIPTS THAT THE PIT WOULD BE APPLIED TO, TO KEEP

OUR BOND RATING STRONG AS WE GO FORWARD? OR HAS THERE BEEN ANY OTHER

DISCUSSION ABOUT WHAT WE'RE GOING TO DO IF WE INCORPORATE THE PAYROLL

TAX SYSTEM?

MS. WEINSTEIN: WELL, THERE'S NO FINAL AGREEMENT

ON THAT, BUT, YES, AND WE'LL DISCUSS THAT WHEN WE TALK ABOUT THE

REVENUE, WHEN WE TALK ABOUT REVENUE NEXT WEEK HOPEFULLY. THERE IS A

PROPOSAL THAT IF WE DO ENACT THE PAYROLL TAX, EXPAND THE -- ENACT THE

PAYROLL TAX AS A WAY FOR PEOPLE TO MAKE A CONTRIBUTION AND TO TRY AND

DEAL WITH SOME OF THE IMPACT OF THE -- OF THE CHANGES IN THE TAX LAW

OF WASHINGTON, PARTICULARLY FOR THE PIT BONDS WHICH HAVE A AAA

NYS ASSEMBLY MARCH 21, 2018

RATING BECAUSE OF THE BACKING OF OUR PERSONAL INCOME TAX TO INCREASE

THE PERCENTAGE. RIGHT NOW, IT'S 25 PERCENT OF THE PIT -- OF OUR PIT, THE

PERSONAL INCOME TAXES, ARE DEDICATED TO THESE BONDS TO BACK UP THE

SECURITY FOR THESE BONDS. SO, THERE IS A PROPOSAL TO INCREASE. THE

GOVERNOR DOES HAVE A PROPOSAL TO INCREASE THAT PERCENTAGE AND, ALSO,

TO HAVE A PERCENTAGE FROM THE FUNDING THAT WOULD COME IN FROM A

PAYROLL SYSTEM IF WE WERE TO ADOPT THAT.

MR. OAKS: THANK YOU VERY MUCH. I APPRECIATE

YOUR ANSWERS.

ON THE BILL, MR. SPEAKER.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

OAKS.

MR. OAKS: TODAY, WE SEE THE FIRST BILL OF THE STACK

OF BUDGET BILLS THAT WILL HOPEFULLY APPEAR ON OUR DESKS IN THE COMING

DAYS, AND THIS IS THE BILL THAT SAYS TO THE STATE AND TO OUR BONDHOLDERS,

ET CETERA, THAT THE STATE WILL MEET ITS OBLIGATION OF DEBT THAT WE HAVE

INCURRED OVER THE YEARS AND THAT WE WILL FOLLOW THROUGH WITH THAT. I,

MYSELF, PLAN TO VOTE FOR THIS BECAUSE I THINK WE NEED TO MEET THOSE

OBLIGATIONS, BUT IN TALKING WITH THE CHAIR AND RECEIVING SOME OF THE

ANSWERS AS WE LOOK FORWARD, I WOULD ALSO HESITATE - ALL OF US IN THIS

CHAMBER - MAJORITY, MINORITY MEMBERS ALIKE AND THE OTHER HOUSE AND

THE EXECUTIVE, THAT AS WE GO FORWARD, THERE ARE THINGS THAT CAN IMPACT

OUR ABILITY TO PAY.

THE STRENGTH OF THE PERSONAL INCOME TAX IN NEW

YORK STATE AND, VERY HONESTLY, THE GOVERNOR HAS DOWNGRADED SOME OF

NYS ASSEMBLY MARCH 21, 2018

THAT AS WE LOOK FORWARD ON THE DOLLARS COMING IN; THAT IS YET TO BE

DETERMINED. WE HAVE DWINDLING SETTLEMENT DOLLARS THAT HAVE BEEN

APPLIED TOWARD SOME OF THE -- THE DEBT IN THE PAST. WE HAVE INTEREST

RATES THAT ARE RISING, TO WHAT LEVEL WE DON'T KNOW, BUT THE DEBT SERVICE

ON GROWING DEBT IS OF GRAVE CONCERN TO ME IN OUR STATE AND OUR ABILITY

TO PAY ANNUALLY THE DOLLARS THAT WE HAVE. THANK GOODNESS WE CREATED

BACK NEARLY 20 YEARS AGO SOME DEBT REFORM IN THIS STATE, BUT WITHIN

THAT, WE STILL HAVE A GREAT IMPACT ON OUR ANNUAL BUDGET OF MONEY GOING

TO DEBT SERVICE OUT OF THE DOLLARS COMING IN FROM THE TAXPAYERS OF NEW

YORK BEING FOCUSED ON AND HAVING TO BE FOCUSED ON CLEARLY DEBT THAT

WE'VE INCURRED MUCH OF IT; IN FACT, OVER 90 PERCENT -- 90-PLUS PERCENT

OF THAT NEVER APPROVED BY THE VOTERS OF NEW YORK STATE.

SO AS WE GO FORWARD, MY CONCERN TODAY WOULD BE TO

RAISE TO EACH ONE OF US WOULD WE TAKE ACTION IN THIS NEXT BUDGET AS WE

PUT THAT OUT AGAIN. TODAY, WE'RE APPROVING THE PAYMENTS FOR DEBT

WE'VE ALREADY INCURRED NOT TO AND HOLD BACK AND TRY TO DO ALL WE CAN TO

HOLD DOWN THE DEBT AND THE GROWTH OF DEBT IN THE STATE AS WE GO

FORWARD. THANK YOU.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU VERY MUCH, MR.

SPEAKER. WOULD THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: WILL YOU YIELD, MS.

WEINSTEIN?

MS. WEINSTEIN: YES.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

NYS ASSEMBLY MARCH 21, 2018

MR. GOODELL: THANK YOU VERY MUCH, MS.

WEINSTEIN. I READ OVER THE DEBT SERVICE BILL AND I NOTE THAT THE DEBT

PAYMENTS ARE BROKEN DOWN BY A NUMBER OF DIFFERENT CATEGORIES THAT

REFERENCE VARIOUS ENTITIES THAT HAVE DEBT THAT WE'RE BACKING APPARENTLY.

URBAN DEVELOPMENT CORPORATION, FOR EXAMPLE ON PAGE 2, THE HOUSING

FINANCE AGENCY, MTA, THRUWAY AUTHORITY, DORMITORY AUTHORITY,

ENVIRONMENTAL FACILITIES CORPORATION, NEW YORK CITY VETERANS'

HOME, AND THERE ARE UNDOUBTEDLY OTHERS I MISSED; IS THAT CORRECT?

MS. WEINSTEIN: YES.

MR. GOODELL: AND ARE THESE ENTITIES PUBLIC

CORPORATIONS OR PUBLIC AUTHORITIES?

MS. WEINSTEIN: YES, RIGHT.

MR. GOODELL: WHY ARE WE PAYING -- MAKING THE

DEBT PAYMENTS FOR THESE SEPARATE ENTITIES OR SEPARATE AUTHORITIES?

MS. WEINSTEIN: WELL, THERE'S SEVERAL REASONS.

FIRST OF ALL, THESE -- THE DEBT THAT THEY HAVE OUTSTANDING IS FOR PUBLIC

PURPOSES FOR -- TO IMPROVE SERVICES FOR OUR CITIZENS. THEY -- WE'VE

ENTERED INTO -- THE STATE HAS ENTERED INTO AGREEMENTS WITH THEM TO

PROVIDE SOME OF THESE SERVICES AND WE CAN TALK ABOUT, I ASSUME YOU

PROBABLY WANT TO REACH THE CONSTITUTIONAL QUESTIONS WHETHER WE'RE

ALLOWED TO, BUT I THINK THE SHORT ANSWER IS THEY'RE PROVIDING SERVICES TO

THE STATE AND TO OUR CITIZENS AND WE HAVE ENTERED INTO THE AGREEMENTS

TO ALLOW THEM TO DO THAT.

MR. GOODELL: IS IT ACCURATE, THEN, TO STATE THAT WE

HAVE CONTRACTUAL AGREEMENTS WITH THESE VARIOUS ENTITIES PURSUANT TO

NYS ASSEMBLY MARCH 21, 2018

WHICH WE BASICALLY GUARANTEE THEIR DEBT, OR GUARANTEE THE PAYMENT OF

THEIR DEBT?

MS. WEINSTEIN: RIGHT. WHAT WE DO IS WE

GUARANTEE THE DEBT SERVICE PAYMENTS, NOT THE DEBT. I THINK THAT'S AN

IMPORTANT DISTINCTION, ESPECIALLY WHEN WE LOOK AT OUR -- OUR

CONSTITUTION THAT ALLOWS US TO -- TO DO THAT.

MR. GOODELL: SO IS IT YOUR VIEW THEN THAT WE ARE

WITHIN OUR CONSTITUTIONAL RIGHTS TO SAY WE'RE NOT GOING TO PAY IT?

MS. WEINSTEIN: YES, YES; YOU KNOW, I BELIEVE SO.

MR. GOODELL: OF COURSE, WE'RE ALL --

MS. WEINSTEIN: YEAH, THERE MAY BE -- WE MAY

HAVE A MORAL -- MAY FEEL THAT WE HAVE A MORAL OBLIGATION, BUT WE DON'T

HAVE A LEGAL OBLIGATION; IN FACT, IF YOU LOOK AT THOSE OFFERINGS ON THE

BONDS, THEY GENERALLY SAY THAT THEY ARE NOT -- THAT THE STATE OF NEW

YORK DOES NOT GUARANTEE THE PRINCIPALS OF THOSE BONDS.

MR. GOODELL: OF COURSE WE ALSO HAVE A MORAL

OBLIGATION TO FOLLOW THE CONSTITUTION TO THE BEST OF OUR ABILITY,

WOULDN'T YOU AGREE?

MS. WEINSTEIN: WE HAVE A LEGAL OBLIGATION, YES.

MR. GOODELL: AND A MORAL OBLIGATION,

PRESUMABLY.

MS. WEINSTEIN: I WOULD THINK LEGAL WOULD

PROBABLY TRUMP THAT.

MR. GOODELL: SO, IF WE HAVE A LEGAL OBLIGATION TO

COMPLY WITH THE CONSTITUTION AND THIS DEBT IS NOT IN ACCORDANCE WITH

NYS ASSEMBLY MARCH 21, 2018

THE CONSTITUTION, THEN DON'T WE HAVE BOTH A LEGAL AND -- HOW CAN WE

HAVE AN ETHICAL OBLIGATION OR A MORAL OBLIGATION TO VIOLATE THE

CONSTITUTION? THAT ASSUMES THAT IT VIOLATES THE CONSTITUTION.

MS. WEINSTEIN: I GUESS WHAT I WAS SAYING THAT THE

-- THAT WE ARE -- WE ARE ALLOWED, THE COURT CASE IS INTERPRETING THE

VARIOUS ARTICLES OF THE CONSTITUTION RELATING TO GIFTS AND LOANS ALLOWS

THE STATE OF NEW YORK TO PAY ON AN ANNUAL -- TO AUTHORIZE AND PAY ON

AN ANNUAL BASIS THE DEBT SERVICE OF THESE BONDS. WE ARE, FOR THE

VARIOUS PUBLIC AUTHORITIES THAT YOU MENTIONED, WE DO NOT GUARANTEE THE

-- WE'RE NOT THE ISSUERS OF -- OF THE BONDS AND WE DO NOT GUARANTEE THE

PRINCIPAL OF THE BONDS.

MR. GOODELL: AS YOU MENTIONED THE COURT CASES,

AND I'M SURE YOU'RE AWARE THE COURT OF APPEALS CASE WEIN V. STATE

DEALING WITH THE ISSUANCE OF A BOND TO BACK NEW YORK CITY WHEN THEY

WERE IN A FISCAL CRISIS IN THE '70S AND AT THAT TIME THE COURT OF APPEALS

EXPRESSED GREAT CONCERN THAT WE'RE RIGHT ON THE EDGE OF THE

CONSTITUTION, BUT AUTHORIZED IT BECAUSE WE WERE HELPING A

MUNICIPALITY, NOT -- I MEAN, BUT THIS BORROWING OR THIS DEBT PAYMENTS

ARE NOT FOR MUNICIPAL PURPOSES OR MUNICIPAL ENTITIES. AS WE

MENTIONED BEFORE, IT'S A NUMBER OF PUBLIC CORPORATIONS AND AUTHORITIES.

AND SO MY QUESTION IS UNDER ARTICLE VII, SECTION 8,

THE STATE CONSTITUTION PROHIBITS THE LEGISLATURE FROM USING THE MONEY.

IT SAYS, "THE MONEY OF THE STATE NOR ITS CREDIT SHALL BE GIVEN OR LOANED

TO OR IN AID OF ANY INDIVIDUAL, PUBLIC OR PRIVATE, CORPORATION OR

ASSOCIATION." AREN'T WE TODAY BACKING TO THE TUNE OF $5.7 BILLION USING

NYS ASSEMBLY MARCH 21, 2018

THE CREDIT OF THE STATE OR ACKNOWLEDGING THAT WE PREVIOUSLY USED THE

CREDIT OF THE STATE TO BACK PUBLIC OR PRIVATE CORPORATIONS?

MS. WEINSTEIN: WELL -- WELL, FIRST OF ALL, I THINK,

AS YOU KNOW THAT, FOLLOWING WEIN WAS -- WHICH REALLY LAID OUT I THINK

THE CLEAR, CONSTITUTIONAL AUTHORITY FOR THIS ACTION WE TAKE WAS THE

SCHULZ V. THE STATE IN 1994 AND THERE THE COURT REJECTED THE CHALLENGE

TO THE TRANSPORTATION BOND ACT BASED ON THESE SAME LIMITATIONS THAT

YOU -- YOU RAISE AND SAID THAT -- AND SAID THAT WHAT WE WERE DOING WAS

CONSTITUTIONAL.

MR. GOODELL: BUT WASN'T THE SCHULZ CASE ON A

DIFFERENT SECTION OF THE CONSTITUTION ABOUT BORROWING MONEY?

MS. WEINSTEIN: SECTION 8, YOU SAID, RIGHT?

MR. GOODELL: YES, YES. WASN'T THE SCHULZ CASE

ON SECTION 11?

MS. WEINSTEIN: NO, IT WAS SECTION 7, SECTION 8 --

I MEAN, ARTICLE VII, SECTION 8; ARTICLE VIII, SECTION 1; ARTICLE X

SECTION 5, AND THEN THERE'S BEEN OTHERS SINCE THE BORDELEAU V. THE STATE

IN 2011 ALSO SUPPORTED THE USE OF ECONOMIC DEVELOPMENT GRANTS

BONDING THROUGH SOME OF THESE -- SOME OF THE SAME AGENCIES

THROUGH --

MR. GOODELL: IF I CAN LOOK AT THE ECONOMIC

DEVELOPMENT PROVISIONS. AS YOU KNOW, THIS SECTION OF THE

CONSTITUTION EXPRESSLY ALLOWS THE STATE TO USE ITS CREDIT TO BACK

ECONOMIC DEVELOPMENT. AND, IN PARTICULAR, IT REFERENCES CORPORATIONS

FORMED SPECIFICALLY FOR THAT PURPOSE, WHICH I BELIEVE WAS IMPLEMENTED

NYS ASSEMBLY MARCH 21, 2018

WITH THE DEVELOPMENT OF THAT JOB DEVELOPMENT AGENCY; WOULD YOU

AGREE?

MS. WEINSTEIN: YOU KNOW, LET ME JUST CLARIFY

SOMETHING, PARTICULARLY FOR SOME OF THE, PERHAPS NON-LAWYERS WHO MAY

HAVE DIFFICULTY FOLLOWING SOME OF THIS DISCUSSION OR BE TOTALLY

UNINTERESTED IN FOLLOWING THIS DISCUSSION, WHICHEVER THE CASE MAY BE,

BUT THE DIFFERENCE BETWEEN THE CREDIT OF THE STATE OF NEW YORK, I THINK

IT'S VERY IMPORTANT TO USE -- TO NOT CHARACTERIZE SOME OF THIS DEBT

SERVICE IS BASED UPON THE CREDIT OF THE STATE OF NEW YORK BECAUSE

THAT'S WHERE THE PROHIBITION OF -- IN THE CONSTITUTION LIES RELATING TO THE

CREDIT OF NEW YORK. AND THAT'S WHY I MENTIONED THAT ON THE FACE OF

THE BONDS BY SOME OF THESE AGENCIES, THERE'S EXPRESSED LANGUAGE THAT

SAYS THAT THEY ARE NOT -- THAT THE STATE OF NEW YORK IS NOT THE ISSUER OF

THE BONDS. SO NEW YORK STATE, THROUGH, WE'VE CONTRACTED WITH SOME

OF THE VARIOUS PUBLIC AUTHORITIES TO BE THE SERVICES OF THESE BONDS, THE

ISSUERS OF THESE BONDS. IT IS BASED UPON -- THE BONDS BEING ISSUED ARE

BASED UPON THEIR REVENUES. THE STATE IN -- BECAUSE WE SUPPORT THE USE

OF THESE BONDS FOR PUBLIC SERVICE PURPOSES HAS IN THIS BILL AND HAS

TRADITIONALLY ON AN ANNUAL BASIS PAID THE DEBT SERVICE COSTS OF THESE

BILLS. SO, IT'S A DISTINCTION IN LAW, BUT I THINK IT'S AN IMPORTANT ONE THAT

GET US TO THE CONSTITUTIONALITY OF -- OF THIS -- OF THE ISSUES OF THIS DEBT

AND OUR BEING ABLE TO PAY THE DEBT SERVICE.

MR. GOODELL: AS YOU KNOW, ARTICLE VII, SECTION

8 WHICH WE'VE BEEN TALKING ABOUT, HAS A SPECIFIC EXCEPTION THAT ALLOWS

THE STATE TO LEND MONEY OR ITS CREDIT OR ANY COMBINATION TO WHAT IS

NYS ASSEMBLY MARCH 21, 2018

NOW KNOWN AS THE JOB DEVELOPMENT AGENCY; WOULD YOU AGREE THAT'S

THE THIRD SUBPARAGRAPH OF THAT SECTION?

MS. WEINSTEIN: YES, BUT -- BUT JUST SO THAT YOU

KNOW IN THIS BILL, OR -- THERE IS NO APPROPRIATION FOR THE JOB

DEVELOPMENT AGENCY OR FOR THE TOBACCO BONDS. THOSE BONDS HAVE

BEEN -- BOTH OF THOSE BONDS IN THOSE AREAS HAVE BEEN RETIRED. THEY'VE

BEEN PAID OFF.

MR. GOODELL: SO NONE OF THIS DEBT PAYMENT

RELATES IN ANY WAY TO ANY DEBT OF THE JDA OR ANY STATE DEBT INCURRED

ON BEHALF OF THE JDA?

MS. WEINSTEIN: CORRECT.

MR. GOODELL: AM I CORRECT THE JDA HAS AN

OUTSTANDING DEBT RIGHT NOW OF $6.8 BILLION?

MS. WEINSTEIN: NOT ON BEHALF OF THE STATE. THERE

MAY BE BUSINESSES OR OTHER ENTITIES THAT HAVE, WHERE THERE MAY BE

SOME DEBT, BUT IT IS NOT ON BEHALF OF THE STATE.

MR. GOODELL: OKAY. NOW, AS YOU KNOW, I

USUALLY TALK ABOUT A DIFFERENT SECTION OF THE CONSTITUTION WHICH SAYS

THAT NO DEBT SHALL BE INCURRED BY OR ON BEHALF OF THE STATE, WITH CERTAIN

EXCEPTIONS; UNLESS IT'S APPROVED BY THE VOTERS. WE HAVE SOME DEBT

THAT'S BEING PAID FOR UNDER THIS BILL THAT HAS BEEN APPROVED BY THE

VOTERS, CORRECT?

MS. WEINSTEIN: YES.

MR. GOODELL: AND HOW MUCH OF THAT DEBT

PAYMENT IS ASSOCIATED WITH VOTER-APPROVED DEBT?

NYS ASSEMBLY MARCH 21, 2018

MS. WEINSTEIN: SO THERE'S $3.2 BILLION OF DEBT

THAT IS THE GENERAL OBLIGATION DEBT THAT'S A DEBT THAT HAS BEEN

APPROVED BY THE VOTERS.

MR. GOODELL: AND AM I CORRECT THAT THE PAYMENT

THAT WE'RE AUTHORIZING IN THIS BILL FOR THAT DEBT SERVICE IS ABOUT $303

MILLION?

MS. WEINSTEIN: YES.

MR. GOODELL: AND SO OUT OF $5.7 BILLION, $303

MILLION HAS BEEN APPROVED BY THE VOTERS -- RAISES THE DEBT APPROVED BY

THE VOTES AND THE OTHER $5.4 BILLION ARE DEBT PAYMENTS THAT HAVE NOT --

RELATED TO DEBT THAT HAS NOT BEEN APPROVED BY THE VOTERS?

MS. WEINSTEIN: RIGHT. SO THERE HAVEN'T BEEN

REFERENDUMS. YOU'RE CORRECT IN THAT THERE HAVEN'T BEEN REFERENDUMS ON

THE BALLOT, BUT THEY HAVE BEEN APPROVED BY THE PUBLIC AUTHORITIES

CONTROL BOARD.

MR. GOODELL: SO AS YOU KNOW THE STATE

CONSTITUTION SAYS EXCEPT FOR DEBTS OR REFUNDING OF DEBTS AS SPECIFIED

BY THE FEW NARROW EXCEPTIONS RELATING TO INTERACTIONS AND FOREST FIRES

AND THINGS OF THAT NATURE, NO DEBT SHALL BE CONTRACTED BY OR ON BEHALF

OF THE STATE UNLESS SUCH DEBT HAS BEEN AUTHORIZED BY LAW FOR SOME

SINGLE WORK OR PURPOSE AND APPROVED BY THE VOTERS. WHY DO YOU THINK

THAT CONSTITUTIONAL PROVISION WAS THERE?

MS. WEINSTEIN: WELL, THE REALITY I GUESS OF WHY

THE CONSTITUTIONAL PROVISION IS THERE YOU HAVE TO GO BACK TO SOME OF

THE -- YOU GO BACK TO THE 1800'S WHEN WE TOOK OVER THE DEBT OF THE

NYS ASSEMBLY MARCH 21, 2018

PRIVATE RAILROADS AND THE MAJORITY OF THE STATE DEBT WAS TO HELP PAY OFF

THE RAILROAD DEBT SO THE CONSTITUTION WAS CHANGED AT VARIOUS -- AT

VARIOUS TIMES, BUT THAT IS THE CONSTITUTION THAT'S BEEN THERE SINCE 1938.

THERE ARE -- WE FOLLOW THAT PROVISION IN TERMS OF STATE-ISSUED DEBT, BUT

WE ARE, AS I SAID, UNDER THE COURT OF APPEALS CASES, AND SCHULZ BEING

PROBABLY THE MOST DRAMATIC IN TERMS OF SETTING FORTH THE RULES, WE ARE

ABLE TO ACT THROUGH PUBLIC -- TO PUBLIC AUTHORITIES THAT WE'RE NOT -- THE

STATE ISN'T LIABLE TO THOSE BONDHOLDERS SO WE'RE -- AND BECAUSE THE STATE

DOESN'T BECOME INDEBTED, THE FINANCING SUBJECT TO THAT APPROPRIATION

DOES NOT CONSTITUTE THE LENDING OF CREDIT OR THE ASSUMPTION OF LIABILITY

OF THE PUBLIC CORPORATION AND, THEREFORE, WE'RE NOT IN VIOLATION OF THE

SECTION OF THE CONSTITUTION THAT YOU CITE.

MR. GOODELL: NOW YOU SAID THE TOTAL AMOUNT OF

VOTER-APPROVED DEBT WAS $2 BILLION-SOMETHING.

MS. WEINSTEIN: $3.2-.

MR. GOODELL: $3.2 BILLION. SO IN OTHER WORDS,

THE TOTAL AMOUNT OF VOTER-APPROVED DEBT IS ABOUT ONE-HALF, ONE-HALF OF

THE AMOUNT OF THE DEBT PAYMENT WE'RE BEING ASKED TO APPROVE. I MEAN,

WE COULD PAY OFF ALL THE VOTER-APPROVED DEBT AND HAVE ABOUT $3.3- OR

$3.4 BILLION EXTRA FOR STATE PURPOSES IF WE DIDN'T HAVE ALL THIS DEBT THAT

WASN'T APPROVED BY THE VOTERS, CORRECT?

MS. WEINSTEIN: IN THEORY, YOU'RE -- YOU KNOW, ON

A VERY NARROW DEFINITION YOU'RE CORRECT, BUT WE, IN FACT, THIS IS DEBT THAT

-- THESE ARE PROJECTS THAT WE -- THAT HAVE BEEN AUTHORIZED BY THE

LEGISLATURE. THEY'RE PROJECTS THAT SUPPORT FACILITIES, THE ROADS, BRIDGES

NYS ASSEMBLY MARCH 21, 2018

IN ALL OF OUR COMMUNITIES AND I THINK IF WE WERE -- IF THAT MONEY WERE

NOT -- IF THAT DEBT WERE OUT THERE, THOSE BONDS WE'RE NOT OUT THERE,

THERE'D BE A LOT OF COMPLAINTS ABOUT LACK OF SERVICES AROUND OUR STATE.

ACTING SPEAKER AUBRY: WILL YOU SUFFER AN

INTERRUPTION? MR. GOODELL, YOU HAVE ELAPSED YOUR FIRST 15 AND WE

OFFER YOU GRACIOUSLY THE OPPORTUNITY FOR A SECOND 15.

MR. GOODELL: YOU ARE SO GRACIOUS. I'M NOT SURE

ALL OF OUR COLLEAGUES ARE, BUT YOU ARE VERY GRACIOUS.

(LAUGHTER)

AND ON THE BILL. THANK YOU VERY MUCH, MS.

WEINSTEIN.

MS. WEINSTEIN: SURE.

ACTING SPEAKER AUBRY: AND YOU'RE GOING TO

TAKE THAT.

MR. GOODELL: NOT THE ENTIRE 15.

ACTING SPEAKER AUBRY: WELL, WE'LL HOLD IT IN

A BANK FOR YOU.

MR. GOODELL: THAT'D BE 14 MINUTES, 35 SECONDS

TO HOLD IN ADVANCE --

(LAUGHTER)

-- BUT HERE'S MY CONCERN. OUR STATE CONSTITUTION SAYS

THE STATE WILL NOT BORROW MONEY BY OR ON BEHALF OF THE STATE WITHOUT

VOTER APPROVAL. AND THE REASON FOR THAT, AS CORRECTLY NOTED BY MY

COLLEAGUE, GOES BACK TO THE 1930'S WHEN THIS STATE WAS ON THE VERGE OF

FISCAL COLLAPSE BECAUSE OF RUNAWAY DEBT. AND SO, THE VOTERS WHO

NYS ASSEMBLY MARCH 21, 2018

APPROVED THIS CONSTITUTION SAID, YOU CANNOT -- YOU, AS A LEGISLATURE,

CANNOT BORROW MONEY FOR THE STATE OR ON BEHALF OF THE STATE WITHOUT

OUR APPROVAL. AND FROM TIME TO TIME WE REACH OUT TO THE VOTERS AND

WE ASK THEM CAN WE BORROW MONEY FOR TRANSPORTATION OR FOR EDUCATION

OR FOR WHATEVER THE PURPOSE MIGHT BE, AND FROM TIME TO TIME THE VOTERS

HAVE SAID YES, AND SOMETIMES THEY SAY NO.

SO, WE HAVE $3 BILLION IN APPROVED VOTER DEBT, $3

BILLION; YET, THE AMOUNT OF OUR DEBT IS IN EXCESS OF $55 BILLION. NOW,

ONE OF TWO THINGS: EITHER THAT $55 BILLION IS NOT BY OR ON BEHALF OF THE

STATE, AND IF IT'S NOT BY OR ON BEHALF OF US, MY FRIENDS, WE SHOULDN'T BE

PAYING THE PAYMENT. BUT HERE WE ARE BEING ASKED TO PAY $5.7 BILLION

ON DEBT THAT EITHER IS ON OUR BEHALF OR ISN'T. AND IF IT'S NOT ON OUR

BEHALF, WE SHOULDN'T BE PAYING IT, AND IF IT IS ON OUR BEHALF, WE SHOULD

HAVE GONE TO THE VOTERS AND ASKED FOR THEIR APPROVAL BEFORE WE BORROW

THE MONEY.

SO, OUT OF $5.7 BILLION, WE'RE BEING ASKED TO APPROVE

TODAY ONLY $303 MILLION, $303 MILLION WITH AN "M", $303 MILLION IS

NEEDED TO PAY VOTER-APPROVED DEBT SERVICE. $5.4 BILLION WE'RE BEING

ASKED TO APPROPRIATE TODAY TO PAY FOR DEBT THAT WASN'T APPROVED BY OUR

CONSTITUENTS, NONE OF THEM, BECAUSE NONE OF THEM HAD A CHANCE TO VOTE

ON ANY OF THAT.

NOW, WE'VE HEARD ABOUT HOW WE'RE WITHIN THE DEBT

CEILING, THE DEBT CAP. VERY INTERESTING CONCEPT, ISN'T IT? WE HAVE A

DEBT CAP AND A CONSTITUTION THAT SAYS ZERO AMOUNT UNLESS YOU GET VOTER

APPROVAL, BUT LET'S FORGET ABOUT THE CONSTITUTION FOR A MINUTE, WE HAVE

NYS ASSEMBLY MARCH 21, 2018

THE SELF-IMPOSED DEBT CAP AND WE'RE TOLD WE'RE BELOW IT. SO, HOW'S

NEW YORK STATE RANK IN TERMS OF DEBT? HOW DO WE COMPARE TO, SAY,

TEXAS, A MUCH BIGGER STATE, THEY HAVE SCHOOLS AND ROADS AND

EVERYTHING ELSE THAT NEED HELP. WELL, WE HAVE MORE DEBT THAN TEXAS.

WE HAVE MORE DEBT THAN FLORIDA. THE ONLY ONE IN THE STATE -- IN THE

NATION THAT EXCEEDS OUR DEBT LEVEL IS CALIFORNIA, AND THEY HAVE A LOT

MORE RESIDENTS THAN WE DO.

SO WHEN WE APPROVE DEBT, WE'RE BORROWING MONEY

FROM OUR KIDS AND GRAND KIDS, AREN'T WE, AND WE'RE DOING IT WITHOUT

THEIR APPROVAL. SO, THIS IS NOT THE DEBT AUTHORIZATION BILL. IT'S A DEBT

PAYMENT BILL. I HAVE A VERY SIMPLE PREMISE IN MY HOUSEHOLD. IF I

DIDN'T BORROW THE MONEY, YOU SHOULDN'T ASK ME TO PAY IT BACK. IT'S

SOMETIMES A HARD LESSON FOR MY KIDS. ACTUALLY, MY KIDS ARE VERY

FISCALLY RESPONSIBLE, THEY'RE ALMOST AS CHEAP AS I AM, SO IT'S NOT AN

ISSUE, BUT SHOULD THEY EVER HAVE THE AUDACITY TO ASK ME TO PAY THEIR

DEBTS, I WOULD SUGGEST TO THEM IT WAS THEIR RESPONSIBILITY TO PAY THEIR

OWN DEBT AND SINCE THEY DIDN'T ASK ME ABOUT THEIR PERMISSION TO

BORROW IT, THEY SHOULDN'T ASK ME FOR MY PERMISSION TO PAY IT BACK WITH

MY MONEY. SAME THING APPLIES TO OUR VOTERS, RIGHT? SAME THING

APPLIES TO OUR CONSTITUENTS. WE'RE ASKING ALL OF OUR CONSTITUENTS TO

SPEND $5.4 BILLION THIS YEAR ALONE TO PAY FOR DEBT THAT WE NEVER GOT

THEIR PERMISSION TO BORROW IN THE FIRST PLACE.

SO, MY FRIENDS, WE'VE HAD AN INTERESTING LEGAL

DISCUSSION. THERE'S A NUMBER OF CASES OUT THERE. NO ONE IS DISPUTING

WHAT THE PURPOSE OF THE CONSTITUTION WAS. IT'S WRITTEN IN PLAIN ENGLISH.

NYS ASSEMBLY MARCH 21, 2018

YOU CAN'T BORROW BY OR ON BEHALF OF THE STATE WITHOUT VOTER APPROVAL.

WE'VE DONE IT. NOW, WE'RE PAYING THE PRICE AND IN A FEW DAYS, WE'LL BE

ASKED TO DO IT AGAIN AND AGAIN AND AGAIN. SO, BECAUSE I THINK IT

VIOLATES THE STATE CONSTITUTION, I DON'T FEEL ANY MORAL OBLIGATION TO

VIOLATE THE STATE CONSTITUTION OR PAY FOR DEBT THAT WAS INCURRED IN

VIOLATION OF THE STATE CONSTITUTION.

THANK YOU VERY MUCH, SPEAKER. I NOTE THAT I HAVE A

FEW SECONDS LEFT, PLEASE PUT IT IN THE BANK FOR ME.

(LAUGHTER)

ACTING SPEAKER AUBRY: WITH NO INTEREST.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MR. MORELLE.

MR. MORELLE: THANK YOU, MR. SPEAKER. I

UNDERSTAND THAT WE HAVE HOUSEKEEPING AND RESOLUTIONS, ONE BY THE

SPEAKER WHICH HE WISHES TO SPEAK ON. IF WE COULD CALL THAT ONE UP

RIGHT NOW.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY RESOLUTION NO. 940, MR.

NYS ASSEMBLY MARCH 21, 2018

HEASTIE. LEGISLATIVE RESOLUTION HONORING THE LIFE AND LEGACY OF FLOYD

CARTER, SR.

SPEAKER HEASTIE: THANK YOU. THIS MORNING, I

WAS SUPPOSED TO TRAVEL DOWN TO MY DISTRICT TO -- ACTUALLY INTO

MANHATTAN TO HONOR ONE OF MY CONSTITUENTS WHO WAS ONE OF THE

TUSKEGEE AIRMEN, FLOYD CARTER, WHO I PRETTY MUCH KNOWN, I'D SAY FOR

PROBABLY 30 YEARS OF MY LIFE. AND I JUST REMEMBER THE TIMES OF SEEING

HIM AND HIS -- HIS BEAUTIFUL WIFE AT EVENTS AND I WOULD JUST LOVE FOR

THEM TO TELL ME -- HE WOULD TELL ME THE STORIES OF WHAT THEY WENT

THROUGH WHEN THEY WERE HEROS TO SOME IN THE COUNTRY, BUT NOT HEROS TO

EVERYBODY IN THE COUNTRY.

AND -- BUT THE AMAZING THING ABOUT LIEUTENANT

COLONEL FLOYD CARTER, AND I USED TO JUST CALL HIM "THE COLONEL", IT

NEVER SEEMED LIKE THEY WERE SORROW -- THEY HAD ANY SORROW OR UPSET

THAT THEY WEREN'T TREATED LIKE THE HEROS THAT THEY SHOULD HAVE BEEN ALL

THE TIME. AND I USED TO TELL HIM EVERY TIME I WOULD SEE HIM AND EVEN

SOME OF THE OTHERS THAT I KNEW VERY WELL, AND -- AND -- AND -- AND DR.

BROWN, WHO I HAD A VERY CLOSE RELATIONSHIP WITH, AS WELL, I USED TO TELL

THEM THEY ARE AMAZING HEROS TO ME.

AND SO, I JUST THOUGHT IT WOULD BE FITTING TO DO THIS

RESOLUTION AND I WANTED TO BE THERE TO HAND THE -- THE PROCLAMATIONS TO

HIS WIFE AND HIS SON AND DAUGHTER. AND HE AND MRS. CARTER WERE

MARRIED FOR 73 YEARS. THEY MET EACH OTHER, SHE WAS ONE OF THE WOMEN

WHO WOULD WORK ON SERVICING THE PLANES AND AFTER HE BADGERED HER

ENOUGH, SHE FINALLY GAVE IN AND THEY WERE THE BEST OF FRIENDS. HER

NYS ASSEMBLY MARCH 21, 2018

HEALTH IS NOT AS WELL, EITHER, BUT I JUST REALLY WANTED TO DO THIS

RESOLUTION IN SAYING OUR FAREWELL TO THE COLONEL, SO...

MR. BLAKE ON THE RESOLUTION.

MR. BLAKE: THANK YOU, MR. SPEAKER. LIEUTENANT

COLONEL CARTER WAS A HERO WHO SERVED THIS COUNTRY IN SO MANY

REMARKABLE WAYS. HE SERVED IN WORLD WAR II. HE SERVED IN VIETNAM

AND HE SERVED IN THE KOREAN WAR. AS YOU KNOW, WE HAD THE HONOR OF

BRINGING UP THE TUSKEGEE AIRMEN LAST YEAR AND EVEN IN THIS YEAR, AND

HE PASSED AWAY AT 95 YEARS YOUNG, WAS REPEATEDLY ACTIVE AND

ENCOURAGING PEOPLE TO BE RESPONSIBLE IN THEIR SERVICE. HIS MANTRA WAS,

ALWAYS DO WHAT'S RIGHT AND KEEP THE LORD FIRST. AND YOU THINK ABOUT

HOW SOME OF US SAY, AS PEOPLE OF FAITH, YOU DON'T BELIEVE IN

COINCIDENCE. THE FACT THAT HE WAS LAID TO REST TODAY AS WE RECOGNIZE

THE MARCH IN SELMA, I DON'T BELIEVE IN COINCIDENCE, MR. SPEAKER.

MR. CARTER AND HIS FAMILY WERE HEROS NOT JUST FOR

THOSE OF US IN THE BRONX, BUT ACROSS OUR COUNTRY, AND IT SHOULD BE A

REMINDER TO ALL OF US TO STAND UP FOR OUR VETERANS. AND AS THE ONLY

AFRICAN-AMERICAN MALE IN THE VETERANS' AFFAIRS COMMITTEE AND AS

SOMEONE WHOSE BROTHER SERVED THIS COUNTRY FOR 29 YEARS, WE ARE

FOREVER INDEBTED TO WHAT OUR LIEUTENANT COLONEL FLOYD CARTER HAS

DONE, AND OBVIOUSLY RECOGNIZING THE HISTORY OF OUR TUSKEGEE AIRMEN.

SPEAKER HEASTIE: ON THE RESOLUTION, ALL THOSE IN

FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.

REST WELL, COLONEL.

(PAUSE)

NYS ASSEMBLY MARCH 21, 2018

ACTING SPEAKER AUBRY: MR. MORELLE, WE DO

HAVE SOME HOUSEKEEPING.

ON A MOTION BY MR. GOTTFRIED, PAGE 40, CALENDAR NO.

304, BILL NO. A3991-A, AMENDMENTS ARE RECEIVED AND ADOPTED.

WE DO HAVE ANOTHER FINE RESOLUTION. ON THE

RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE

RESOLUTION IS ADOPTED.

(WHEREUPON, ASSEMBLY RESOLUTION NO. 939 WAS

UNANIMOUSLY APPROVED.)

MR. MORELLE.

MR. MORELLE: THANK YOU, MR. SPEAKER. COULD

YOU PLEASE RECOGNIZE MR. OTIS FOR AN ANNOUNCEMENT?

ACTING SPEAKER AUBRY: MR. OTIS FOR THE

PURPOSES OF AN ANNOUNCEMENT.

MR. OTIS: THERE WILL BE AN IMMEDIATE MEETING OF

THE DEMOCRATIC CONFERENCE UPON THE CLOSURE OF SESSION.

ACTING SPEAKER AUBRY: DEMOCRATIC

CONFERENCE IMMEDIATELY FOLLOWING SESSION.

MR. MORELLE.

MR. MORELLE: THANK YOU, MR. SPEAKER. I NOW

MOVE THAT THE ASSEMBLY STAND ADJOURNED UNTIL THURSDAY, MARCH 22ND,

10 A.M. -- AT 10 A.M., TOMORROW, LADIES AND GENTLEMEN, IS A SESSION

DAY.

ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS

ADJOURNED.

NYS ASSEMBLY MARCH 21, 2018

(WHEREUPON, AT 4:07 P.M., THE ASSEMBLY STOOD

ADJOURNED UNTIL THURSDAY, MARCH 22ND AT 10:00 A.M., THURSDAY BEING

A SESSION DAY.)