THURSDAY, MARCH 29, 2018                                      10:19 A.M.

                                 ACTING SPEAKER JONES:  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 MEMBERS IN THE PLEDGE OF

                    ALLEGIANCE.

                                 (WHEREUPON, ACTING SPEAKER JONES LED VISITORS AND

                    MEMBERS IN THE PLEDGE OF ALLEGIANCE.)

                                 MR. MORELLE.

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

                    AND GENTLEMEN, COLLEAGUES, I'M GOING TO CALL THE HOUSE INTO RECESS --

                                          1



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    MAKE A MOTION TO RECESS IN JUST A FEW SECONDS.  OBVIOUSLY, IN

                    ANTICIPATION OF FURTHER BUDGET NEGOTIATIONS AND DEVELOPMENTS ON THE

                    BUDGET, WE'LL COME BACK INTO SESSION, AND I WILL BE MAKING

                    ANNOUNCEMENTS FROM THE DESK.  BUT FOR THE PRESENT TIME, AS WE WAIT A

                    WORD ON THE DEVELOPMENTS IN THE BUDGET, I'M GOING TO MOVE NOW THAT

                    WE RECESS UNTIL PROBABLY A LITTLE LATER THIS MORNING.

                                 SO, WITH THAT, MR. SPEAKER, I MOVE TO -- MOVE THAT THE

                    HOUSE STAND IN RECESS.

                                 ACTING SPEAKER JONES:  THE HOUSE STANDS IN

                    RECESS.

                                 (WHEREUPON, AT 10:20 A.M., THE HOUSE STOOD IN

                    RECESS.)

                                                *     *     *     *     *

                    A F T E R     T H E     R E C E S S                                  10:24 P.M.

                                 ACTING SPEAKER AUBRY:  THE HOUSE WILL COME

                    TO ORDER.

                                 A QUORUM BEING PRESENT, THE CLERK WILL READ THE

                    JOURNAL OF WEDNESDAY, MARCH 28TH.

                                 MR. MORELLE.

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

                    TO DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF WEDNESDAY,

                    MARCH 28TH AND ASK THAT THE SAME STAND APPROVED.

                                 ACTING SPEAKER AUBRY:  WITH NO OBJECTION,

                    AND SOME JOY, THE MOTION STANDS APPROVED.

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

                                          2



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    GIVE OUR SCHEDULE FOR THE DAY, LET ME JUST TAKE A MOMENT, BECAUSE WHY

                    NOT, ON THIS DAY, BARELY, IN 1948, NIAGARA FALLS STOPPED FLOWING FOR 30

                    HOURS DUE TO AN ICE JAM IN THE UPPER RIVER.  THIS IS THE ONLY KNOWN

                    TIME THAT THIS HAS EVER OCCURRED.  THE FALLS DID NOT ACTUALLY FREEZE

                    OVER, BUT THE FLOW WAS STOPPED TO THE POINT WHERE PEOPLE COULD WALK

                    OUT INTO THE RIVERBED.

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

                    KNOW THAT NORTH DUMPLING ISLAND, LOCATED IN THE TOWN OF SOUTHOLD, IS

                    CONSIDERED A MICRONATION?  THIS IS LOCATED IN THE 2ND ASSEMBLY

                    DISTRICT, WHICH BELONGS TO MR. PALUMBO.  MICRONATIONS ARE SMALL

                    ENTITIES THAT CLAIM TO BE INDEPENDENT OF WORLD GOVERNMENTS, AND

                    SOMETIMES HAVE THEIR OWN FLAG, CURRENCY AND CONSTITUTION.  NORTH

                    DUMPLING ISLAND, WHICH IS JUST TWO ACRES IN SIZE, IS PRIVATELY OWNED,

                    AND RESIDENTS THERE ARE REFERRED TO AS "DUMPLONIANS."

                                 (LAUGHTER)

                                 AND I'M STARTING TO THINK MY RESEARCH DEPARTMENT IS

                    JUST GIVING ME FAKE NEWS AND FAKE FACTS, BUT --

                                 (LAUGHTER)

                                 -- I'M GOING TO DOUBLE-CHECK THAT AT SOME POINT.

                                 BUT, ON THAT NOTE, I HOPE SOME DUMPLONIANS ARE

                    WATCHING, BECAUSE THIS WILL BE WORTH WATCHING.

                                 (LAUGHTER)

                                 MEMBERS HAVE ON THEIR DESKS A MAIN CALENDAR.

                    OBVIOUSLY, WE MAY HAVE A BUSY EVENING STILL AHEAD OF US, AND I

                    APPRECIATE EVERYONE'S CONTINUED PATIENCE AS WE TRY TO CONCLUDE.

                                          3



                    NYS ASSEMBLY                                                MARCH 29, 2018

                                 I DOUBT THERE ARE INTRODUCTIONS, MR. SPEAKER, BUT

                    PERHAPS MR. SANTABARBARA HAS A RESIDENT THAT'S NEARBY.

                                 (LAUGHTER/APPLAUSE)

                                 I'M HERE ALL NIGHT, FOLKS.

                                 (LAUGHTER)

                                 I UNDERSTAND THERE'S ALSO NO HOUSEKEEPING, SO --

                                 ACTING SPEAKER AUBRY:  NO, NO, NO, MR.

                    MORELLE.

                                 MR. MORELLE:  OH, THERE IS HOUSEKEEPING, I'M

                    SORRY.  VERY GOOD.  THIS WOULD BE THE APPROPRIATE --

                                 ACTING SPEAKER AUBRY:  WHEN YOU -- WHEN

                    YOU LEAVE US ALONE THIS LONG, HOUSEKEEPING WILL ARRIVE.

                                 (LAUGHTER)

                                 ON IS A MOTION BY MR. HEVESI, PAGE 4, CALENDAR NO.

                    15, BILL NO. 237, AMENDMENTS ARE RECEIVED AND ADOPTED.

                                 ON A MOTION BY MR. HEVESI, PAGE 33, CALENDAR NO.

                    242-A, BILL NO. A3040-A, AMENDMENTS ARE RECEIVED AND ADOPTED.

                                 AND ON A MOTION BY MS. TITUS, PAGE 46, CALENDAR NO.

                    362, BILL NO. A5159-A, AMENDMENTS ARE RECEIVED AND ADOPTED.

                                 MR. MORELLE.

                                 MR. MORELLE:  YES, THANK YOU, SIR.  SO, I'M GOING

                    TO ASK -- JUST TO GIVE SOME LITTLE BIT OF DIRECTION OVER THE NEXT FEW

                    MINUTES ANYWAY, I'M GOING TO ASK FOR MEMBERS OF WAYS AND MEANS IN

                    JUST A MOMENT TO GO TO THE SPEAKER'S CONFERENCE ROOM.  FOLLOWING

                    THAT, WE WILL HAVE A RULES COMMITTEE MEETING WHICH WILL PRODUCE AN

                                          4



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    A-CALENDAR, WHICH WE'LL -- WHICH WE WILL TAKE UP.  AND THEN ONCE

                    THAT'S CONCLUDED, WE'LL GIVE FURTHER DIRECTION ON THE -- THE REST OF OUR

                    EVENING'S ACTIVITIES.

                                 SO, WITH THAT, IF YOU WOULD CALL MEMBERS OF THE WAYS

                    AND MEANS COMMITTEE TO JOIN MS. WEINSTEIN IN THE SPEAKER'S

                    CONFERENCE ROOM.

                                 ACTING SPEAKER AUBRY:  WAYS AND MEANS

                    COMMITTEE, SPEAKER'S CONFERENCE ROOM, MS. WEINSTEIN AWAITS YOU.

                    THANK YOU.

                                 MR. MORELLE.

                                 MR. MORELLE:  YES, SIR.  AND I WOULD JUST SIMPLY

                    ASK THAT THE HOUSE STAND AT EASE UNTIL WAYS AND MEANS AND RULES HAVE

                    CONCLUDED THEIR WORK.

                                 ACTING SPEAKER AUBRY:  THE HOUSE WILL STAND

                    AT EASE.

                                 (WHEREUPON, THE HOUSE STOOD AT EASE.)

                                 ACTING SPEAKER AUBRY:  THE HOUSE WILL COME

                    TO ORDER.

                                 MR. MORELLE.

                                 MR. MORELLE:  YES, THANK YOU, SIR.  IF WE COULD

                    BEGIN WITH THE MAIN CALENDAR ON PAGE 3 AND TAKE UP RESOLUTIONS


                    BEGINNING WITH ASSEMBLY RESOLUTION NO. 972 BY MR. DENDEKKER.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 972, MR.

                    DENDEKKER.  LEGISLATION RESOLUTION MEMORIALIZING GOVERNOR ANDREW

                                          5



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    M. CUOMO TO PROCLAIM MARCH 29, 2018 AS VIETNAM VETERANS' DAY IN

                    THE STATE OF NEW YORK, IN CONJUNCTION WITH THE OBSERVANCE OF THE

                    NATIONAL VIETNAM VETERANS DAY.

                                 ACTING SPEAKER AUBRY:  ON THE RESOLUTION, ALL

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

                    ADOPTED.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 973, MRS.

                    BARRETT.  LEGISLATION RESOLUTION MEMORIALIZING GOVERNOR ANDREW M.

                    CUOMO TO PROCLAIM APRIL 12, 2018 AS LIBRARY ASSISTANTS' DAY 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:  THANK YOU, MR. SPEAKER.

                    MEMBERS HAVE ON THEIR 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.

                                 SIR?

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

                    LIKE TO GO TO DIRECTLY TO THE A-CALENDAR ON PAGE 3, BEGIN WITH RULES

                    REPORT NO. 18, A BUDGET BILL.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A09505-D, RULES

                                          6



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    REPORT NO. 18, BUDGET BILL.  AN ACT INTENTIONALLY OMITTED (PART A);

                    INTENTIONALLY OMITTED (PART B); INTENTIONALLY OMITTED (PART C);

                    INTENTIONALLY OMITTED (PART D); INTENTIONALLY OMITTED (PART E); TO

                    AMEND THE CRIMINAL PROCEDURE LAW, IN RELATION TO PRE-CRIMINAL

                    PROCEEDING SETTLEMENTS IN THE CITY OF NEW YORK; AND PROVIDING FOR THE

                    REPEAL OF SUCH PROVISIONS UPON EXPIRATION THEREOF (PART F);

                    INTENTIONALLY OMITTED (PART G); INTENTIONALLY OMITTED (PART H);

                    INTENTIONALLY OMITTED (PART I); INTENTIONALLY OMITTED (PART J);

                    INTENTIONALLY OMITTED (PART K); INTENTIONALLY OMITTED (PART L); TO

                    AMEND THE TAX LAW, IN RELATION TO SUSPENDING THE TRANSFER OF MONIES

                    INTO THE EMERGENCY SERVICES REVOLVING LOAN FUND FROM THE PUBLIC

                    SAFETY COMMUNICATIONS ACCOUNT (PART M); INTENTIONALLY OMITTED (PART

                    N); TO AMEND THE STATE FINANCE LAW AND THE MILITARY LAW, IN RELATION

                    TO ESTABLISHING THE ARMORY RENTAL ACCOUNT FUND; AND TO AMEND

                    CHAPTER 152 OF THE LAWS OF 2001 AMENDING THE MILITARY LAW RELATING

                    TO MILITARY FUNDS OF THE ORGANIZED MILITIA, IN RELATION TO THE

                    EFFECTIVENESS THEREOF (PART O); INTENTIONALLY OMITTED (PART P);

                    INTENTIONALLY OMITTED (PART Q); INTENTIONALLY OMITTED (PART R);

                    INTENTIONALLY OMITTED (PART S); TO AMEND CHAPTER 303 OF THE LAWS OF

                    1988 RELATING TO THE EXTENSION OF THE STATE COMMISSION ON THE

                    RESTORATION OF THE CAPITOL, IN RELATION TO EXTENDING SUCH PROVISIONS FOR

                    AN ADDITIONAL FIVE YEARS (PART T); INTENTIONALLY OMITTED (PART U); TO

                    AMEND THE STATE FINANCE LAW, IN RELATION TO ESTABLISHING THE PARKING

                    SERVICES FUND, THE SOLID WASTE FUND, AND THE SPECIAL EVENTS FUND

                    (PART V); INTENTIONALLY OMITTED (PART W); TO AMEND THE GENERAL

                                          7



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    BUSINESS LAW AND THE STATE FINANCE LAW, IN RELATION TO ENACTING THE

                    NEW YORK STATE SECURE CHOICE SAVINGS PROGRAM ACT (PART X);

                    INTENTIONALLY OMITTED (PART Y); INTENTIONALLY OMITTED (PART Z);

                    INTENTIONALLY OMITTED (PART AA); INTENTIONALLY OMITTED (PART BB); TO

                    AMEND THE STATE FINANCE LAW, IN RELATION TO THE CITIZEN EMPOWERMENT

                    TAX CREDIT (PART CC); TO AMEND THE UNIFORM JUSTICE COURT ACT, IN

                    RELATION TO THE ELECTION OF ONE OR MORE TOWN JUSTICES FOR TWO OR MORE

                    TOWNS (PART DD); TO AMEND THE GENERAL MUNICIPAL LAW, IN RELATION TO

                    COUNTY-WIDE SHARED SERVICES PANELS (PART EE); TO AMEND THE PUBLIC

                    AUTHORITIES LAW, IN RELATION TO THE TOWN OF ISLIP RESOURCE RECOVERY

                    AGENCY (PART FF); INTENTIONALLY OMITTED (PART GG); INTENTIONALLY

                    OMITTED (PART HH); INTENTIONALLY OMITTED (PART II); TO AMEND THE PENAL

                    LAW, IN RELATION TO ESTABLISHING INCAPACITY TO CONSENT WHEN A PERSON IS

                    UNDER ARREST, IN DETENTION, OR OTHERWISE IN ACTUAL CUSTODY (PART JJ);

                    INTENTIONALLY OMITTED (PART KK); TO AMEND THE PUBLIC AUTHORITIES LAW,

                    IN RELATION TO AUTHORIZING THE DORMITORY AUTHORITY TO CONSTRUCT AND

                    FINANCE CERTAIN JUVENILE DETENTION FACILITIES (PART LL); TO AMEND THE

                    COUNTY LAW, IN RELATION TO PLANS FOR REPRESENTATION OF PERSONS ACCUSED

                    OF A CRIME OR CERTAIN PARTIES IN FAMILY COURT OR SURROGATE'S COURT (PART

                    MM); TO AMEND THE PENAL LAW, THE CRIMINAL PROCEDURE LAW AND THE

                    FAMILY COURT ACT, IN RELATION TO THE CRIME OF COERCION IN THE SECOND

                    AND THIRD DEGREE (PART NN); AND TO ESTABLISH THE NEW YORK STATE 2020

                    COMPLETE COUNT COMMISSION AND PROVIDING FOR ITS POWERS AND DUTIES

                    (PART OO).

                                 ACTING SPEAKER AUBRY:  GOVERNOR'S MESSAGE

                                          8



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    AT THE -- IS AT THE DESK.  THE CLERK WILL READ.

                                 THE CLERK:  I HEREBY CERTIFY TO AN IMMEDIATE VOTE,

                    ANDREW M. CUOMO, GOVERNOR.

                                 ACTING SPEAKER AUBRY:  EXPLANATION IS

                    REQUESTED, MS. WEINSTEIN.

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

                    THE EXECUTIVE BUDGET WAS RELEASED ON JANUARY 16TH.  SINCE THAT TIME,

                    WE'VE HELD A SERIES OF JOINT PUBLIC HEARINGS WITH THE SENATE, HEARD

                    FROM OUR CONSTITUENTS, COLLEAGUES AND ECONOMIC ADVISORS, AND DRAFTED

                    BUDGET RESOLUTION TO EXPRESS OUR HOUSE'S PRIORITIES.  WELL, IT -- WHICH

                    WE PASSED -- WHICH WE'VE PASSED.

                                 NOW BEFORE US IS THE FIRST BILL AS WE MOVE FORWARD ON

                    THE AGREED-TO BUDGET.  THE BUDGET REFLECTS AN AGREEMENT BETWEEN THE

                    LEGISLATURE AND THE EXECUTIVE AND MAKES SIGNIFICANT INVESTMENTS IN

                    EDUCATION AND HEALTH CARE, PROVIDES CRITICAL CAPITAL ASSISTANCE FOR

                    PUBLIC HOUSING PROGRAMS FOR MUCH-NEEDED REPAIRS.  AND AS THE -- THE

                    NEXT HANDFUL OF BILLS AS WE GET TO DEBATE THEM AND SEE THEM, WE'LL

                    CONTINUE ON ENACTING THESE PROPOSALS.  I WOULD LIKE TO THANK ALL OF MY

                    COLLEAGUES FOR ENDURING THIS BUDGET PROCESS, BECAUSE IT'S OBVIOUSLY ONE

                    OF THE MOST IMPORTANT THINGS THAT WE WERE ELECTED TO DO, TO PASS A

                    BUDGET THAT REPRESENTS THE NEEDS OF OUR CONSTITUENTS.

                                 I ALSO WOULD BE REMISS IF I DIDN'T THANK THE -- THE STAFF

                    FOR ALL THE MANY HOURS INTO THE EARLY HOURS OF THE MORNING THEY'VE

                    WORKED TO BRING US TO THIS POINT, AND ARE STILL WORKING NOW AS WE

                    SPEAK.

                                          9



                    NYS ASSEMBLY                                                MARCH 29, 2018

                                 THE BILL BEFORE US WHEN ACT -- WOULD ENACT INTO LAW

                    MAJOR COMPONENTS OF LEGISLATION THAT ARE NECESSARY TO IMPLEMENT THE

                    STATE FISCAL YEAR 2018-2019 BUDGET AS IT PERTAINS TO THE PUBLIC

                    PROTECTION AND GENERAL GOVERNMENT BUDGET.  I'M LOOKING FORWARD TO

                    OUR DISCUSSION TONIGHT ON THIS BILL AND SEVERAL OTHERS THAT WE WILL HAVE

                    BEFORE US.

                                 ACTING SPEAKER AUBRY:  MR. OAKS.

                                 MR. OAKS:  YES.  IF THE CHAIR OF WAYS AND MEANS

                    WOULD YIELD, PLEASE, FOR SOME QUESTIONS?

                                 ACTING SPEAKER AUBRY:  CERTAINLY, MR. --

                                 MS. WEINSTEIN:  I'D BE DELIGHTED, MR. OAKS.

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN

                    YIELDS.

                                 MR. OAKS:  THANK YOU VERY MUCH.  AND ONE OF THE

                    THINGS THAT I WAS VERY POSITIVE WITH, WHEN YOU USED THE TERMINOLOGY

                    "COMPLETED BUDGET," AS YOU WERE INTRODUCING THINGS; DO WE HAVE THAT?

                    A COMPLETED BUDGET WITH EXPECTATION OF MOVING THROUGH THIS PROCESS

                    NOW TO --

                                 MS. WEINSTEIN:  WE -- WE ARE VERY CLOSE.  WE

                    HAVE ANOTHER BILL AFTER THIS.  WE HAVE -- WILL, I ANTICIPATE, ANOTHER

                    WAYS AND MEANS MEETING AFTER WE VOTE ON THESE TWO BILLS.  AND AS I

                    MENTIONED, THE STAFF ARE WORKING ON REALLY JUST THE -- SOME OF THE

                    MINOR DIFFERENCES BETWEEN THE HOUSES AND THE GOVERNOR.  AND I FULLY

                    EXPECT THAT TOMORROW WE WILL CONTINUE AS THE NIGHT GOES THROUGH, AND

                    TOMORROW WE'LL CONTINUE AND HAVE A COMPLETED BUDGET.

                                         10



                    NYS ASSEMBLY                                                MARCH 29, 2018

                                 MR. OAKS:  ONE OF THINGS THE RULES COMMITTEE JUST

                    MET AND ACCEPTED MESSAGES ON THESE TWO BILLS THAT WE ARE GOING TO BE

                    DEALING WITH TONIGHT, DO YOU ANTICIPATE THAT THERE ARE GOING TO BE

                    MESSAGES REQUIRED FOR ANY OF THE REST OF THE BILLS THAT WILL MAKE UP THE

                    FINAL BUDGET?

                                 MS. WEINSTEIN:  YES.  I -- I WOULD, SINCE THEY ARE

                    -- SINCE THEY'RE JUST -- ONLY ONE, I THINK, IS -- IS JUST GOING -- ONE

                    ADDITIONAL ONE GOING INTO PRINT PROBABLY AS WE SPEAK, OR MAYBE HAS

                    BEEN IN PRINT, AND THE OTHERS WILL, OBVIOUSLY, THROUGH THE NIGHT AS -- IN

                    ORDER TO VOTE ON THEM, WE WILL NEED MESSAGES.

                                 MR. OAKS:  SO, WHERE WE ARE, EVEN THOUGH WE -- SO

                    WE HAVEN'T SEEN EVERYTHING YET, WE'RE SEEING MORE AND WE'LL BE

                    HOPEFULLY DEALING WITH MORE YET TONIGHT AND INTO TOMORROW.  BUT DO

                    WE KNOW HOW MUCH WE SPEND IN THIS BUDGET AT THIS POINT IN THE

                    PROCESS?

                                 MS. WEINSTEIN:  YES, AND I THINK EVEN THESE ARE,

                    YOU KNOW, I WOULD SAY PRELIMINARY NUMBERS, THEY ARE, I WOULD THINK,

                    VERY CLOSE TO WHERE WE WILL END UP, PARTICULARLY SINCE SOME OF THE

                    DISCUSSIONS ARE RELATED TO LANGUAGE LESS THAN -- NOT ALWAYS RELATED TO

                    MONEY.  SO I'M HAPPY TO GO -- IF YOU'D LIKE TO GO THROUGH SOME OF

                    THOSE NUMBERS, I'D BE HAPPY TO DO SO.

                                 MR. OAKS:  YEAH, IF YOU WOULDN'T MIND AT LEAST

                    GIVING US THE DIFFERENT FUNDS OF THE STATE AND HOW MUCH WE ANTICIPATE

                    SPENDING ONCE WE ENACT THE BUDGET.

                                 MS. WEINSTEIN:  SO, FOR THE GENERAL FUND, RIGHT

                                         11



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    NOW WE ARE PROPOSING THAT THE ENACTED BUDGET WILL BE SEVENTY --

                    $75.368-.  THE STATE OPERATING FUNDS WILL BE $100.089-.  THE STATE

                    FUNDS WILL BE IS $112.574- AND THE ALL FUNDS BUDGET WOULD

                    $168.313-.

                                 MR. OAKS:  AND ALL OF THOSE NUMBERS YOU WOULD

                    PUT IN THE BILLIONS.

                                 MS. WEINSTEIN:  OH, RIGHT.  YES,CERTAINLY.  YES.

                                 MR. OAKS:  AND -- AND SO WHEN WE LOOK AT THE

                    SPENDING IN ALL FUNDS COMPARED TO A YEAR AGO, WHERE -- WHERE WILL WE

                    BE?  INCREASE?  DECREASE?

                                 MS. WEINSTEIN:  THERE -- THERE WILL BE INCREASES IN

                    THE -- THERE WILL BE GROWTH FROM OVER LAST YEAR'S -- LAST YEAR'S BUDGET.

                                 MR. OAKS:  AND DO YOU -- DO YOU HAVE THE AMOUNT

                    ON ALL FUNDS?

                                 MS. WEINSTEIN:  YES.  THE ALL FUNDS BUDGET

                    WOULD BE $2.36-.

                                 MR. OAKS:  OVER A YEAR AGO.

                                 MS. WEINSTEIN:  OH, OVER LAST YEAR, YES.

                                 MR. OAKS:  AND -- AND THAT'S WHAT'LL ADD UP TO THE

                    $168.3-.

                                 MS. WEINSTEIN:  THREE; $168.3-, YES.

                                 MR. OAKS:  THE GOVERNOR HAS IN THE STATE

                    OPERATING FUNDS HAS HAD A SELF-IMPOSED LIMIT THAT -- OF 2 PERCENT.

                    DOES THE $100.1 BILLION SPENDING, DOES THAT STAY WITHIN THAT 2 PERCENT

                    CAP FROM YEAR TO YEAR?

                                         12



                    NYS ASSEMBLY                                                MARCH 29, 2018

                                 MS. WEINSTEIN:  YEAH -- YES, IT IS EXACTLY TWO

                    PERCENT OVER LAST YEAR.

                                 MR. OAKS:  THANK YOU.  AND I'M SURE WE'LL DISCUSS

                    MORE OF THE SPECIFIC NUMBERS, BUT I AT LEAST WANTED TO GET AN IDEA OF

                    WHERE YOU ANTICIPATE THE SPENDING FOR '18-'19 AS WE BEGIN TO DEBATE

                    THE OVERALL BUDGET.

                                 ONE OF THE ISSUES THAT I WOULD LIKE TO RAISE WITHIN THIS

                    SPECIFIC BILL IS RELATED TO THE -- THE GOVERNOR HAD HAD A PROPOSAL ON THE

                    DORMITORY AUTHORITY TO PROVIDE FINANCING AND CONSTRUCTION SERVICES

                    FOR DETENTION AND RESIDENTIAL FACILITIES CERTIFIED BY OCFS.  AND HE HAD

                    MENTIONED THAT THAT WOULD BE FOR RAISE THE AGE FACILITIES.  CAN WE

                    CONFIRM NOW THAT THAT IS THE PURPOSE OF THAT LANGUAGE AND -- AND

                    ALLOWING THE DORMITORY AUTHORITY TO DO THAT?

                                 MS. WEINSTEIN:  YES -- YES, THAT -- YES, THAT'S THE

                    INTENTION.

                                 MR. OAKS:  I ALSO SEE IN -- IN THIS BILL THAT THE

                    GOVERNOR HAD PROPOSED TO MAKE THE SHARED SERVICES PROGRAM, THE

                    COUNTY SHARED SERVICES PROGRAMS, PERMANENT IN THE BUDGET.  BUT THIS

                    BUDGET WOULD ONLY EXTEND THEM UNTIL '20-'21.  I GUESS MY QUESTION

                    WOULD BE, ARE WE DOING IT TO '20-'21 BECAUSE OF SOME PUSHBACK FROM

                    THE COUNTIES, OR INPUT FROM THEM ON HOW THEY PERCEIVE THIS?  OR WHAT

                    WAS THE REASON FOR NOT ACCEPTING THE GOVERNOR'S PERMANENCY?

                                 MS. WEINSTEIN:  I THINK JUST AS NEGOTIATIONS WENT

                    ON, THIS WAS WHERE WE LANDED WITH THE THREE-YEAR EXTENSION.

                                 MR. OAKS:  ONE OF THE THINGS I -- I ALSO UNDERSTAND,

                                         13



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    FROM THIS PROGRAM COUNTIES PUT TOGETHER PLANS, AS DIRECTED BY LAW, AND

                    INCLUDED MANY OF THEIR OFFICIALS, INCLUDING COUNTY EXECUTIVES,

                    ADMINISTRATORS, ET CETERA, TO LEAD THAT PROCESS.  AND MANY OF THE

                    COUNTIES TOOK THIS VERY SERIOUSLY AND PUT TOGETHER EXTREMELY

                    COMPREHENSIVE PLANS, INCLUDED A LOT OF THINGS.  THEY HELD WORKING

                    GROUPS, PUT TOGETHER LOTS OF SUGGESTIONS.  AND SOME OF THOSE THEN

                    BECAME SUPER COMPREHENSIVE, TOTALLY IMPOSSIBLE TO SUCCEED IN PUTTING

                    THAT ALL TOGETHER IN A SINGLE YEAR.  I'M CONCERNED THAT WITH WORDING IN

                    THIS BUDGET, SOME OF THOSE COUNTIES THAT NOW MAY HAVE -- MAYBE

                    ENACTED TWO OR THREE, OR ADOPTED TWO OF THOSE THREE SHARED SERVICES,

                    BUT NOW WANT TO MOVE TO DOING SOME OF THE OTHER ONES, THAT THEY WON'T

                    BE ELIGIBLE, OR MAY NOT BE ELIGIBLE, FOR SOME OF THE INCENTIVE DOLLARS

                    FOR DOING THOSE COST-SAVINGS.

                                 MS. WEINSTEIN:  SO, THERE -- AND AS YOU MAY

                    KNOW, THERE'S $225 MILLION SET ASIDE FOR THE SAVINGS OF THE BASE --

                    SAVINGS INCURRED BY THE SHARED SERVICES.  THEY -- THE PAYMENTS ARE FOR

                    ONE YEAR, BUT IF IT'S A NEW PROJECT, THEN IN YEAR TWO IF THERE'S A NEW

                    PROJECT, THEN THEY CAN GET -- RECEIVE FUNDING, AND THAT'S FOR THOSE

                    SERVICES EVEN THOUGH IT'S THE SAME --

                                 MR. OAKS:  EVEN THOUGH IT MIGHT HAVE BEEN--

                                 MS. WEINSTEIN:  IN THE SAME --

                                 MR. OAKS:  -- INCLUDED IN THE PLAN.

                                 MS. WEINSTEIN:  YES.  IT -- IT RELATES TO THE -- TO THE

                    YEAR OF THE SAVINGS, NOT -- YOU KNOW, NOT THE YEAR IT WAS PROPOSED.

                                 MR. OAKS:  OKAY.  I HOPE THAT THAT IS -- IS THE CASE

                                         14



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    SO THAT THOSE MUNICIPALITIES WILL BE ABLE TO TAKE FULL ADVANTAGE OF THAT.

                                 MOVING ON, ONE OF THE OTHER PROGRAMS THAT IS IN THIS

                    BILL IS THE SECURED CHOICE SAVINGS PROGRAM, AND I'D JUST LIKE TO CLARIFY

                    A FEW THINGS AROUND THAT PROGRAM:  ONE, IS THAT A FULLY OPT-IN PROGRAM

                    BOTH FOR EMPLOYER AND EMPLOYEE?

                                 MS. WEINSTEIN:  YES, BOTH.  THE -- FIRST, THE

                    EMPLOYER WOULD HAVE TO OPT IN, AND THEN THE -- ONCE AN EMPLOYER IS

                    OPTED IN, ANY OF THE EMPLOYEES WITH THAT EMPLOYER THEN HAVE THE

                    OPTION TO JOIN THE PROGRAM.

                                 MR. OAKS:  AND ARE THERE ANY STATE DOLLARS THAT ARE

                    BEING APPLIED TO THIS PROGRAM OR NEEDED FOR THE STARTUP OF IT?

                                 MS. WEINSTEIN:  YES, JUST -- I JUST WANTED TO

                    CLARIFY.  YES, WE -- WE DO -- WE START BY -- WITH $4 MILLION JUST FOR THE

                    SETUP OF THE FUND.  BUT THOSE -- THOSE MONIES WILL BE REIMBURSED BACK

                    FROM THE FUND ONCE IT BEGINS TO ACCEPT DEPOSITS FROM INDIVIDUALS.

                                 MR. OAKS:  SO, IN THE END, YOU DON'T ANTICIPATE ANY

                    COST TO THE TAXPAYERS OF NEW YORK?

                                 MS. WEINSTEIN:  CORRECT.

                                 MR. OAKS:  AND YOU DON'T SEE ANY COSTS TO THE

                    EMPLOYER WHO MIGHT --

                                 MS. WEINSTEIN:  CORRECT.

                                 MR. OAKS:  -- START THE PROGRAM OTHER THAN TIME OF --

                    OF EMPLOYEES, PERHAPS, TO GIVE SUPPORT TO -- TO THEIR INDIVIDUALS?

                                 MS. WEINSTEIN:  RIGHT.  CORRECT.  IT'S JUST THE

                    INITIAL SUPPORT OF THE STATE TO GET THE FUND UP AND RUNNING.  THE

                                         15



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    PROGRAM UP AND RUNNING.

                                 MR. OAKS:  THANK YOU VERY MUCH.

                                 ACTING SPEAKER AUBRY:  MR. BLANKENBUSH.

                                 MR. BLANKENBUSH:  YES, WILL THE SPONSOR YIELD?

                                 ACTING SPEAKER AUBRY:  WILL YOU YIELD, MS.

                    WEINSTEIN?

                                 MS. WEINSTEIN:  YES.

                                 MR. BLANKENBUSH:  AND I -- I WANT TO TALK --

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MR. BLANKENBUSH:  I WANT TO TALK ABOUT THAT

                    SECURED SAVINGS PROGRAM A LITTLE BIT.

                                 MS. WEINSTEIN:  SURE.

                                 MR. BLANKENBUSH:  TWO YEARS THERE WAS A

                    SMART COMMISSION THAT WAS SET UP AND THAT COMMISSION WAS

                    SUPPOSED TO MEET; MY UNDERSTANDING IS IT HARDLY -- HARDLY EVER MET,

                    AND THAT THERE WAS NEVER ANY RECOMMENDATIONS FROM THAT COMMISSION

                    THAT WAS SUPPOSED TO TAKE A LOOK AT STATE-RUN PRIVATE PENSION PLANS.

                    AND THEN ALL OF A SUDDEN NOW WE'RE PUTTING THIS IN THE BUDGET.  WHAT

                    EVER HAPPENED TO THAT COMMISSION AND WHY WASN'T THERE ANY

                    RECOMMENDATIONS, AND I GUESS WHAT'S THE PURPOSE NOW OF MAKING THE

                    STATE INTO A RETIREMENT ADMINISTRATOR?

                                 MS. WEINSTEIN:  WELL, I GUESS THE EASY ANSWER IS I

                    COULD GIVE MR. FARRELL A CALL, BUT I THINK IT'S A LITTLE LATE.

                                 (LAUGHTER)

                                 SO, I CAN'T REALLY TELL YOU ABOUT THE ORIGINAL PROGRAM,

                                         16



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    BUT I -- I'M HAPPY TO DISCUSS THE SECURE CHOICE SAVINGS PROGRAM.

                                 MR. BLANKENBUSH:  OKAY.  YOU SAID THAT

                    EMPLOYERS CAN OPT IN.

                                 MS. WEINSTEIN:  YES.

                                 MR. BLANKENBUSH:  COULD -- COULD EMPLOYERS

                    DO A MATCHING?

                                 MS. WEINSTEIN:  IT -- NOT -- NOT UNDER THE WAY THE

                    PROGRAM IS -- IS DESIGNED AND IN THIS -- THE LANGUAGE THAT WE HAVE

                    BEFORE US.

                                 MR. BLANKENBUSH:  SO, WHEN YOU SAY THE

                    EMPLOYER OPTS IN, THAT ONLY MAKES IT AVAILABLE TO THE EMPLOYEES

                    THROUGH A PAYROLL DEDUCTION, IT DOESN'T ALLOW THEM TO DO ANY KIND OF

                    MATCHING PROGRAM.

                                 MS. WEINSTEIN:  YES --

                                 MR. BLANKENBUSH:  CORRECT?

                                 MS. WEINSTEIN:  CORRECT.  BUT IT -- IT DOES MEAN

                    THAT THE EMPLOYER WILL HELP WITH THE AUTOMATIC --

                                 MR. BLANKENBUSH:  THE PAYROLL.

                                 MS. WEINSTEIN:  THE ENROLLMENT PROCESS WITH THE

                    -- THE PAYROLL DEPOSITS.

                                 MR. BLANKENBUSH:  AND THIS IS ONLY GOING TO BE

                    AN IRA?  SO IF IT'S A NON-PROFIT THAT HAS AVAILABILITY FOR 403(B)S OR

                    401(K)S AND THINGS LIKE THAT, WE'RE ONLY TALKING ABOUT STRICTLY AN IRA?

                                 MS. WEINSTEIN:  YEAH -- YES.

                                 MR. BLANKENBUSH:  ARE WE TALKING ABOUT A

                                         17



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    SIMPLIFIED IRA, TOO?

                                 MS. WEINSTEIN:  THEY'LL BE ROTH IRAS.

                                 MR. BLANKENBUSH:  IT'S -- IT'S ALL -- ALL OF THEM

                    ARE ROTH IRA'S, THERE'S NOT A REGULAR IRA?

                                 MS. WEINSTEIN:  NO.  NO, IT'S A --

                                 MR. BLANKENBUSH:  SO IT'S NO TAX BREAKS FOR THE

                    EMPLOYEES WHEN THEY MAKE THAT DEPOSIT?

                                 MS. WEINSTEIN:  CORRECT ON WHEN THEY MAKE THE

                    DEPOSIT, BUT ON THE WITHDRAWAL, THERE WON'T BE ANY --

                                 MR. BLANKENBUSH:  CORRECT.

                                 MS. WEINSTEIN:  -- TAX CONSEQUENCES TO THEM.

                                 MR. BLANKENBUSH:  WHY DID WE GO THAT ROUTE, I

                    WONDER?  IS THERE A REASON FOR THAT?  BECAUSE SOME PEOPLE WOULD

                    RATHER THE DEDUCTION NOW RATHER THAN WHEN THEY RETIRE.

                                 MS. WEINSTEIN:  YOU KNOW, THIS IS A -- A PROPOSAL

                    THAT'S BEEN IN A BILL THAT WE'VE HAD FOR MANY YEARS, AND THAT'S HOW THE

                    PROPOSAL WAS -- CAME BEFORE US.

                                 MR. BLANKENBUSH:  IS THERE GOING TO BE ANY

                    ERISA OR SEC REGULATION REPORTS THAT HAVE TO BE DONE BY THE

                    EMPLOYER?  OR WHO'S GOING TO TAKE RESPONSIBILITY FOR THAT?

                                 MS. WEINSTEIN:  WELL, THERE -- THERE WAS -- LET ME

                    JUST SAY THAT AS WE DRAFTED -- AS THE STAFF DRAFTED THIS LEGISLATION AND

                    NEGOTIATED IT, THERE WAS A LOT OF CONSIDERATION ON THE -- ANY POTENTIAL

                    ERISA ISSUES, AND THERE WAS CONSULTATION WITH ERISA EXPERTS, AND

                    WE'RE AS CONFIDENT AS WE CAN BE THAT THERE ARE NO ERISA IMPLICATIONS

                                         18



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    AND NO OVERLAP WITH THE ERISA REGULATIONS IN THIS PROPOSAL.

                                 MR. BLANKENBUSH:  THE FEES THAT ARE GOING TO BE

                    CHARGED BY THE -- MY UNDERSTANDING -- WELL, MY UNDERSTANDING IS THE

                    BOARD IS GOING TO BE A -- THERE'S GOING TO BE A BOARD APPROVED AND THE

                    BOARD IS GOING TO GO AND TAKE A LOOK AT DIFFERENT FUNDS AND TRY TO DO THE

                    BEST THEY CAN FOR FEES AND SO FORTH; IS THAT RIGHT?  IS THE --

                                 MS. WEINSTEIN:  YES.  YES --

                                 MR. BLANKENBUSH:  SO --

                                 MS. WEINSTEIN:  -- AND THEY -- THE BOARD WILL NOT

                    BE ACTUALLY RUNNING THE FUND, THEY WILL HAVE INVESTMENT ADVISOR, THEY

                    WILL CONTRACT WITH INVESTMENTS ADVISORS AND CONSULTANTS TO PROVIDE --

                                 MR. BLANKENBUSH:  IS THERE ANY COST TO THE -- TO

                    THE TAXPAYERS ABOUT -- IS THE BOARD GOING TO COST US ANY ANNUAL FEES OF

                    TRAVEL OR --

                                 MS. WEINSTEIN:  NO.  NO -- THIS IS ALL

                    SELF-CONTAINED.  IT RUNS -- IT'LL RUN VERY SIMILAR TO THE DEFERRED

                    COMPENSATION, STATE DEFERRED COMPENSATION PROGRAM THAT WE HAVE

                    WHERE THERE'S A BOARD, BUT THAT THERE'S INVESTMENT ADVISORS WHO

                    ACTUALLY RUN THE ACCOUNT DAY-TO-DAY.

                                 MR. BLANKENBUSH:  OKAY.  SO, THE FEES THAT ARE

                    GOING TO BE NEGOTIATED BY THE BOARD ARE PROBABLY THE FEES THAT YOU'RE

                    GOING TO BE -- HAVE TO PAY THE FUNDS, THE FUNDS THAT AGREE TO COME INTO

                    THE INVESTMENT.  IS THE STATE GOING TO CHARGE ANY ADMINISTRATION FEES AT

                    ALL?

                                 MS. WEINSTEIN:  THIS -- THIS IS REALLY CONVENIENCE;

                                         19



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    IT'S NOT RUN BY THE STATE IN TERMS OF THE DAY-TO-DAY OPERATIONS.  WE ARE

                    JUST SETTING UP -- THE STATE ENTITY IS SETTING UP THIS -- THIS PROGRAM, BUT

                    THERE WILL BE NO EXPENSES TO THE STATE.  IT WILL BE -- WHATEVER EXPENSES

                    ARE INCURRED BY INVESTMENT EXPENSES BASED ON WHOEVER IS MANAGING --

                    ULTIMATELY MANAGING THE FUND, THOSE WILL BE BORNE BY THE PARTICIPANTS

                    OF THE FUNDS.

                                 MR. BLANKENBUSH:  SO, THE -- SOME OF THE

                    STARTUP FEES WOULD BE THE WEBSITE, PROBABLY.

                                 MS. WEINSTEIN:  WELL, THERE IS THE FOUR -- THERE IS

                    THE $4 MILLION THAT'S -- THAT WE'RE PUTTING IN, AND THAT MONEY WILL

                    ULTIMATELY BE DRAWN OUT, BE REPAID BY THE -- BY THE FUND ONCE IT STARTS

                    IN TWO YEARS ACCEPTING EMPLOYEES -- PARTICIPANTS.

                                 MR. BLANKENBUSH:  ARE -- THE ACCUMULATION OF

                    ANY OF THE MONIES THAT GO TO THE FINANCE AND TAXATION -- TAXATION AND

                    FINANCE DEPARTMENT, CAN THEY BE AT ALL SWEPT OR TOUCHED BY -- IS THERE

                    SOMETHING IN THE BILL THAT TELLS US THAT THOSE FUNDS ARE GOING TO BE

                    PROTECTED?

                                 MS. WEINSTEIN:  IT -- I -- I UNDERSTAND YOUR

                    QUESTION, BUT THIS IS AN INDEPENDENT BOARD, THEY'RE GOING TO BE -- IT'S --

                    IT'S NOT AN ARM OF THE STATE, IT'S GOING TO BE AN INDEPENDENT FUND THAT

                    EMPLOYEES COULD CONTRIBUTE MONIES TO, SO THERE'S -- THOSE MONIES WILL

                    NOT BE AVAILABLE TO THE STATE, THEY ARE THE INDIVIDUAL EMPLOYEE

                    PARTICIPANTS' FUNDS.

                                 MR. BLANKENBUSH:  SO THERE IS NO LIABILITY AT ALL

                    THAT THE STATE IS GOING TO --

                                         20



                    NYS ASSEMBLY                                                MARCH 29, 2018

                                 MS. WEINSTEIN:  NO, NO.

                                 MR. BLANKENBUSH:  -- TAKE ON?

                                 WHAT ABOUT PROTECTION OF THE INVESTORS?

                                 MS. WEINSTEIN:  RIGHT, IT'S JUST SIMILAR TO ANY --

                    EITHER I -- PROTECTION OF INVESTMENT -- I GUESS YOU MEAN, YOU KNOW, IF

                    THE FUNDS -- IF THERE'S A DECLINE --

                                 MR. BLANKENBUSH:  THE MONEY THAT'S GOING --

                                 MS. WEINSTEIN:  -- IN VALUE OR --

                                 MR. BLANKENBUSH:  NO.  THE MARKET GOES UP

                    AND DOWN ALL THE TIME.

                                 MS. WEINSTEIN:  RIGHT.

                                 MR. BLANKENBUSH:  I'M TALKING ABOUT PROTECTION

                    FOR ANY KIND OF MONEY THAT'S GOING INTO THE -- TO THE MONEY -- THE -- THE

                    FUNDS THAT ARE GOING TO BE INVESTED, ARE THERE ANY KIND OF PROTECTIONS

                    THAT THE MONEY IS GOING TO BE INVESTED THE WAY THEY SHOULD BE

                    INVESTED, WHAT THE PERSON --

                                 MS. WEINSTEIN:  WELL --

                                 MR. BLANKENBUSH:  -- THERE'S ALWAYS SOME TYPE

                    OF --

                                 MS. WEINSTEIN:  YOU KNOW, THE BOARD WILL

                    CONTRACT WITH INVESTMENT ADVISORS.  THEY HAVE STANDARD FIDUCIARY

                    DUTIES.  YOU KNOW, AGAIN, THIS IS SIMILAR, YOU KNOW, IN CONCEPT, IT'S --

                    IT'S JUST SIMILAR TO THE DEFERRED COMPENSATION PROGRAM THAT PUBLIC --

                    THAT WE, AS PUBLIC EMPLOYEES, THAT OUR -- OUR STAFFS HAVE ACCESS TO.  IT'S

                    FOR PRIVATE EMPLOYEES IN -- IN THE STATE WHO DON'T HAVE -- WHERE THE

                                         21



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    COMPANY -- THEY'RE -- WHO THEY'RE WORKING FOR, THEIR EMPLOYER DOES NOT

                    HAVE THEIR OWN PROGRAM, SO IT'S A PROGRAM THAT WOULD THEN BE AVAILABLE

                    TO THEM.  SO, THERE'S NO STATE LIABILITY FOR LOSSES, WE DON'T GET TO SWEEP

                    THE FUND, WE DON'T GET A BENEFIT IF THE FUND GOES UP, AND WE DON'T LOSE

                    ANY MONEY IF THE FUND GOES DOWN.

                                 MR. BLANKENBUSH:  SO, IF -- IF THE EMPLOYER OPTS

                    OUT OF THE THING, THE EMPLOYEE CAN STILL INVEST INTO -- INTO THE FUND

                    WITHOUT HIS -- WITHOUT THE EMPLOYER OPTING IN?

                                 MS. WEINSTEIN:  ARE -- ARE YOU -- YOU'RE -- YOU'RE

                    SAYING IF THE EMPLOYER FIRST OPTS IN, IS THAT THE QUESTION?

                                 MR. BLANKENBUSH:  NO, I'M SAYING -- I'M SAYING

                    IF -- IF I --

                                 MS. WEINSTEIN:  IF THE EMPLOY --

                                 MR. BLANKENBUSH:  IF I'M WORKING FOR A -- A

                    BUSINESS AND I WANT -- AND I HEAR ABOUT THIS, I READ ABOUT IT, AND I WANT

                    TO OPT IN TO THIS RETIREMENT FUND, BUT THE EMPLOYER DOESN'T WANT A

                    SETUP, SO THERE'S NO WAY THAT THE EMPLOYEE IS GOING TO BE ABLE --

                                 MS. WEINSTEIN:  CORRECT.

                                 MR. BLANKENBUSH:  -- TO TAKE ADVANTAGE OF THIS.

                                 MS. WEINSTEIN:  CORRECT.

                                 MR. BLANKENBUSH:  BECAUSE THE EMPLOYER HAS

                    TO --

                                 MS. WEINSTEIN:  THE EMPLOYER HAS TO FIRST OPT-IN.

                    ONCE THE EMPLOYER OPT INS -- OPTS IN, THEN ANY OF THE EMPLOYEES CAN

                    OPT IN.

                                         22



                    NYS ASSEMBLY                                                MARCH 29, 2018

                                 MR. BLANKENBUSH:  SO, THE ONLY -- THE ONLY

                    OTHER -- LAST QUESTION, IS, WE'RE TAKING -- WE'RE TAKING --WE'RE GETTING

                    INTO THE PRIVATE RETIREMENT BUSINESS, WHERE THROUGHOUT THE NEW YORK

                    -- THROUGHOUT NEW YORK STATE, WE HAVE INDIVIDUALS THAT DO THIS FOR A

                    LIVING, WE HAVE FINANCIAL ADVISORS, WE HAVE PEOPLE THAT GO ON A WEEKLY

                    BASIS TRYING TO GET EMPLOYERS TO SET UP RETIREMENT PLANS AND -- AND SO

                    FORTH AND SO ON.  SO WE'RE -- WE'RE GOING TO BE IN DIRECT COMPETITION OF

                    -- OF THOSE PEOPLE, THOSE FINANCIAL PLANNERS OR INVESTMENT ADVISORS, THE

                    RETIREMENT PLAN PEOPLE IN OUR -- IN OUR STATE; IS THAT CORRECT?

                                 MS. WEINSTEIN:  WELL, I -- WE WILL BE SETTING UP

                    THIS PROGRAM FOR EMPLOYERS THAT NO -- THAT DO NOT HAVE SUCH A PLAN

                    NOW.  OBVIOUSLY, INDIVIDUAL EMPLOYEES CAN GO AND HAVE A -- SET UP

                    THEIR OWN ROTH IRAS, BUT FOR MANY YEARS THERE'S BEEN THIS OPTION OF

                    EMPLOYERS BEING ABLE TO SET UP A -- SOME SORT OF A RETIREMENT PLAN -- AN

                    IRA PLAN WITHIN THEIR COMPANIES.  IT HASN'T HAPPENED.  THE -- THE

                    IMPORTANCE OF -- YOU KNOW, ALMOST EVERY DAY YOU READ ABOUT PEOPLE

                    RETIRING AND NOT HAVING SAVED ENOUGH MONEY.  SO THE -- THE WHOLE

                    PURPOSE OF THIS IS TO PROVIDE A VEHICLE WHERE PEOPLE CAN SAVE MONEY,

                    SAVE MONEY FOR THEIR RETIREMENT AND BE ABLE TO EXPAND -- OPEN UP AND

                    HAVE A LARGER GROUP OF PEOPLE IN THAT CATEGORY WHO HAVE SAVED MONEY

                    FOR THEIR RETIREMENT.

                                 MR. BLANKENBUSH:  YEAH, I -- I -- I JUST DON'T

                    UNDERSTAND WHY AN EMPLOYER -- AGAIN, I JUST DON'T UNDERSTAND WHY AN

                    EMPLOYER WOULD SAY, OH, I -- I'M GOING TO OPT INTO THE STATE FUND

                    WHEN I HAVE ALL THE AVAILABILITIES IN MY WHOLE COMMUNITY TO SET UP A

                                         23



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    RETIREMENT ACCOUNT.  I MEAN, I -- I JUST -- IT JUST DOESN'T MAKE ANY SENSE

                    TO ME.

                                 MS. WEINSTEIN:  WELL, YOU KNOW, I -- I THINK IT

                    DOES FOR THE SMALLER EMPLOYERS TO -- IT PROVIDES AN EASY WAY FOR A

                    SMALLER EMPLOYER TO BE ABLE TO -- TO OPT INTO A RETIREMENT --

                                 MR. BLANKENBUSH:  I -- I --

                                 MS. WEINSTEIN:  -- SYSTEM FOR THEIR EMPLOYEES.

                                 MR. BLANKENBUSH:  I HAVE -- I HAVE SMALLER

                    EMPLOYEES THAT ARE IN -- THAT ARE IN PLANS LIKE THIS, THREE OR FOUR OR FIVE

                    PEOPLE.  SO, IT'S -- IT'S NOT JUST MAJOR CORPORATIONS THAT ARE DOING THIS,

                    IT'S SMALL BUSINESSES ALL ACROSS OUR COUNTRY -- ALL ACROSS OUR STATE.

                    AND, AS A MATTER OF FACT, WE HAVE MORE SMALL BUSINESSES THAN BIG

                    BUSINESSES.  SO, WE'RE -- WE'RE TAKING AWAY THE AVAILABILITY OF -- OF

                    PEOPLE WHO ARE MAKING A LIVING, PAYING TAXES IN THE STATE OF NEW

                    YORK IN DIRECT -- SO THE STATE IS IN DIRECT COMPETITION FROM ALL THOSE

                    THAT ARE OUT THERE TRYING TO MAKE A LIVING AND PAY TAXES IN THE STATE OF

                    NEW YORK.  SO --

                                 MS. WEINSTEIN:  WE'RE JUST PROVIDING ANOTHER

                    OPTION FOR THOSE EMPLOYERS AND EMPLOYEES.

                                 MR. BLANKENBUSH:  THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. WALTER.

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

                    THE CHAIRWOMAN YIELD, PLEASE?

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN?

                                         24



                    NYS ASSEMBLY                                                MARCH 29, 2018

                                 MS. WEINSTEIN:  YES.

                                 ACTING SPEAKER AUBRY:  SHE YIELDS.

                                 MR. WALTER:  THANK YOU, MS. WEINSTEIN.  A

                    COUPLE OF MORE QUESTIONS TO FOLLOW UP WITH MY COLLEAGUE ON THE

                    SECURE CHOICE SAVINGS PROGRAM.  IS THE -- IS THE PLAN PORTABLE?  WILL

                    YOU BE ABLE TO, AS AN EMPLOYEE, TAKE IT FROM EMPLOYER TO EMPLOYER AS

                    YOU MOVE ALONG?

                                 MS. WEINSTEIN:  NO, IT IS NOT.

                                 MR. WALTER:  SO WHAT WILL HAPPEN TO THE FUNDS IF

                    YOU CHANGE JOBS?

                                 MS. WEINSTEIN:  YOU WILL BE ABLE TO CONTINUE WITH

                    BOTH EMPLOYERS IF THE EMPLOYER YOU MOVE TO, AS AN EMPLOYEE,

                    PARTICIPATES; OTHERWISE, YOU WILL NOT BE ABLE TO CONTINUE IN THE FUND.

                    YOU WON'T BE ABLE TO CONTINUE CONTRIBUTING, YOU CAN LEAVE WHATEVER

                    MONEY YOU HAVE, IT CAN REMAIN IN THE FUND.

                                 MR. WALTER:  OKAY.  SO THE MONEY WILL -- YOU WILL

                    KEEP THE MONEY, YOU'RE NOT -- JUST BECAUSE YOUR CHANGE JOBS, IT DOESN'T

                    MEAN THE MONEY IS GOING TO STAY IN THE FUND AND YOU -- IT MAY STAY IN

                    THE FUND, BUT IT DOESN'T MEAN IT GOES TO THE STATE --

                                 MS. WEINSTEIN:  NO, IT --

                                 MR. WALTER:  -- YOU KEEP IT.

                                 MS. WEINSTEIN:  NO, IT WILL STAY IN THE FUND.  YOU

                    -- YOU CAN CHOOSE TO KEEP IT IN THE FUND, YOU CAN CHOOSE TO REMOVE IT

                    AND PUT IT IN A -- IN A PRIVATE ROTH IRA.  OR IF YOUR NEW EMPLOYER HAS A

                    PROGRAM, AS MR. BLANKENBUSH WAS TALKING ABOUT, HAS THEIR OWN

                                         25



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    PROGRAM, YOU CAN MOVE IT INTO THAT -- A DIFFERENT EMPLOYER PROGRAM.

                                 MR. WALTER:  IS IT INHERITABLE, OR IS THERE A RIGHT OF

                    SURVIVORSHIP IN ANY WAY TO THE FUND?

                                 MS. WEINSTEIN:  THERE'S NOTHING SPECIFIC IN THE

                    BILL, BUT THAT -- THERE'S FEDERAL REGULATION RELATING TO THAT.

                                 MR. WALTER:  WOULD THERE BE DESIGNATED

                    BENEFICIARIES LIKE IN A TRADITIONAL IRA?

                                 MS. WEINSTEIN:  YES.  YES.

                                 MR. WALTER:  OKAY.  SO THERE WOULD BE

                    DESIGNATED BENEFICIARIES.  ALL RIGHT.  GREAT.  THANK YOU.

                                 WHAT'S TO PREVENT AN EMPLOYER -- AN EMPLOYER WHO

                    HAS THEIR OWN 401(K) PLAN, OR 403(B) IF IT'S A NOT-FOR-PROFIT, WHAT WOULD

                    PREVENT THEM FROM ELIMINATING THAT?  THEY HAVE ADMINISTRATIVE COSTS

                    AND UMM... THAT THEY HAVE TO DEAL WITH BY DOING THEIR OWN PLANS, WHAT

                    WOULD -- WHAT WOULD DISCOURAGE THEM FROM ELIMINATING THAT AND JUST

                    DEFERRING TO THE STATE?

                                 MS. WEINSTEIN:  THERE'D BE NOTHING TO PREVENT

                    THEM FROM MOVING TO THIS PROGRAM AND, IN FACT, THEY MIGHT SAVE COSTS

                    BY DOING SO.

                                 MR. WALTER:  THERE'S ADMIN -- I MEAN, THERE'S

                    PEOPLE THAT THEY EMPLOY TO DO THAT, THERE ARE PEOPLE THAT MANAGE THOSE

                    FUNDS.  AND WE'RE JUST SAYING WELL, WE'RE GOING TO COMPETE WITH THOSE

                    PEOPLE NOW AS THE STATE OF NEW YORK TO COMPETE WITH PRIVATE INDUSTRY

                    THAT'S ALREADY FULFILLING THAT NEED?

                                 MS. WEINSTEIN:  YOU KNOW, WHILE WE WON'T --

                                         26



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    WHILE THOSE INDIVIDUALS WHO MIGHT BE WORKING AT THE VARIOUS FUNDS

                    THAT YOU'RE TALKING ABOUT MIGHT NOT BE TRANSFERRING THEMSELVES OVER TO

                    THIS, OBVIOUSLY, THERE ARE GOING TO BE EMPLOYEES, THERE ARE GOING TO BE

                    FUND MANAGERS, THERE'S GOING TO BE INVESTMENT ADVISORS THAT ARE -- ARE

                    NEEDED TO ADMINISTER THIS FUND.

                                 MR. WALTER:  AS A -- AS -- IF I WERE SOMEONE

                    PARTICIPATING IN THIS FUND, WOULD I HAVE ACCESS TO THOSE FINANCIAL

                    ADVISORS?  WOULD I BE ABLE TO ENGAGE WITH A FINANCIAL ADVISOR THAT

                    WOULD BE COLLECTING A -- A FEE TO BE ABLE TO ADVISE ME ON WHAT FUNDS TO

                    -- TO INVEST IN?  OR --

                                 MS. WEINSTEIN:  IT -- YOU KNOW, I THINK SOME OF

                    THAT WILL BE DETERMINED AS THE -- AS THE STRUCTURE IS SET UP.  BUT THE REAL

                    INTENT IS TO SET UP A -- A STRUCTURE THAT WOULD BE SIMILAR TO DEFERRED

                    COMP, SIMILAR TO OUR DEFERRED COMP, WHICH DOES HAVE AN ABILITY FOR

                    YOU TO INTERACT WITH ADVISORS.   THERE'LL BE VARIOUS EMPLOYEES, FROM

                    ADMINISTRATIVE EMPLOYEES TO FINANCIAL ADVISOR EMPLOYEES THAT PEOPLE

                    WOULD -- IT'S ANTICIPATED, IT'S NOT SPELLED OUT IN THE BILL -- IN THE BILL, BUT

                    IT'S ANTICIPATED THERE WILL BE THE ABILITY TO HAVE THAT INFORMATION

                    INTERACTION.

                                 MR. WALTER:  IF -- IF MY FINANCIAL ADVISOR, YOU

                    KNOW, ACTS RECKLESSLY, OR IN ANY WAY DOES NOT LIVE UP TO THE STANDARDS

                    THAT THEY'RE LICENSED TO UPHOLD, I HAVE AN ACTION IN -- IN COURT TO GO

                    AFTER THEM, CERTAINLY CIVILLY, PERHAPS EVEN CRIMINALLY.  IS THERE

                    ANYBODY I CAN HOLD ACCOUNTABLE IN THIS INSTANCE IF I'M A MEMBER OF

                    THIS...

                                         27



                    NYS ASSEMBLY                                                MARCH 29, 2018

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

                    RESPONSIBILITY, THE PRUDENT INVESTOR RULE, ALL OF THAT APPLIES REGARDLESS

                    OF -- WOULD -- APPLIES IN THIS CASE AS IT WOULD IN A -- IN ANY OTHER

                    SITUATION.

                                 MR. WALTER:  SO, AS AN INDIVIDUAL INVESTOR IN THIS

                    SECURE CHOICE PLAN, I WOULD BE ABLE TO HOLD THE BOARD ACCOUNTABLE IN

                    THAT INSTANCE?

                                 MS. WEINSTEIN:  I'M -- I'M -- I'M SORRY, MR. --

                                 MR. WALTER:  SURE.

                                 MS. WEINSTEIN:  -- MR. WALTER.

                                 MR. WALTER:  IF -- AS AN INDIVIDUAL INVESTOR IN THE

                    SECURE CHOICE RETIREMENT PLAN, I WOULD BE ABLE TO HOLD THE -- THE

                    BOARD, THE STATED -- THAT'S CREATED UNDER THE STATE OF NEW YORK, I WOULD

                    BE ABLE TO HOLD THEM LIABLE FOR ANY SORT OF RECKLESSNESS OR VIOLATIONS OF

                    SECURITIES LAWS OR ANYTHING LIKE THAT?

                                 MS. WEINSTEIN:  YEAH, YEAH, YOU KNOW, I DO THINK

                    THAT THERE IS A LOT OF CASE LAW ON FIDUCIARY -- FIDUCIARY DUTIES.  YOU

                    KNOW, I THINK IN -- IN TERMS OF SOME OF THE FIDUCIARY DUTY, THERE IS A

                    POTENTIAL FOR SOME CHANGES IN WASHINGTON THAT WOULD UNDUE SOME OF

                    THOSE PROTECTIONS, BUT I THINK HERE IN NEW YORK, THERE'S A -- YOU KNOW,

                    CERTAINLY A LOT OF CASE LAW THAT OUTLINES THE DUTIES AND RESPONSIBILITIES

                    OF -- OF FIDUCIARY AND WHEN THAT FIDUCIARY WOULD BE AT FAULT.  WE DON'T

                    DO ANYTHING DIFFERENT IN THIS SECURE CHOICE PROGRAM THAN EXISTS IN ANY

                    -- IN OTHER PROGRAMS.  SO THERE WOULDN'T BE ANY DIFFERENCE IN -- IN WHAT

                    LAW WOULD BE APPLIED.

                                         28



                    NYS ASSEMBLY                                                MARCH 29, 2018

                                 MR. WALTER:  THE -- YOU SAID THERE WAS A $4

                    MILLION STARTUP COST?

                                 MS. WEINSTEIN:  CORRECT.

                                 MR. WALTER:  AND THAT'S GOING TO BE FUNDED

                    THROUGH THE PARTICIPANTS IN THE PROGRAM.  SO, I WOULD IMAGINE A CERTAIN

                    AMOUNT OF --

                                 MS. WEINSTEIN:  ULTIMATELY.  ULTIMATELY WILL BE.

                                 MR. WALTER:  RIGHT.  ULTIMATELY.  INITIALLY, IT'S

                    GOING TO COME OUT OF THE GENERAL FUND, AND ULTIMATELY FROM THE --

                                 MS. WEINSTEIN:  RIGHT.

                                 MR. WALTER:  -- FROM THE PARTICIPANTS.  SO, A

                    CERTAIN PERCENTAGE, THEN, I WOULD IMAGINE, IS GOING TO COME FROM THE

                    PARTICIPANTS TO -- I'M NOT GOING TO -- I WANT TO MAKE A DISTINCTION.  NOT

                    TO MANAGE THE FUND, BUT TO, JUST FOR THE ONGOING COSTS OF OPERATING AS

                    THE BOARD WILL OPERATE.

                                 MS. WEINSTEIN:  YES, THIS IS --

                                 MR. WALTER:  TO PROMOTE THE PROGRAM AND TO --

                                 MS. WEINSTEIN:  THERE'S --

                                 MR. WALTER:  -- EDUCATE PEOPLE.

                                 MS. WEINSTEIN:  THERE'S TWO YEARS BEFORE THE

                    PROGRAM STARTS ACCEPTING PARTICIPANTS.  THE FUND WILL REPAY THE STATE,

                    WE DON'T HAVE A TIMETABLE WHEN THAT HAS TO HAPPEN, BUT OBVIOUSLY, THAT

                    MEANS THAT THERE'LL HAVE TO BE SOME COSTS ASSOCIATED TO THE PARTICIPANTS

                    TO BE ABLE TO GENERATE THOSE DOLLARS TO REPAY THE INITIAL STATE

                    INVESTMENT.

                                         29



                    NYS ASSEMBLY                                                MARCH 29, 2018

                                 MR. WALTER:  IS THERE A SET AMOUNT THAT YOU

                    ANTICIPATE THEY'RE GOING TO CONTINUE TO COLLECT FROM THE PARTICIPANTS TO

                    MANAGE THE --

                                 MS. WEINSTEIN:  NO, THAT -- THAT --

                                 MR. WALTER:  TO ADMINISTER, LET ME SAY THAT,

                    ADMINISTER THE FUND?

                                 MS. WEINSTEIN:  THAT'S PART OF WHAT WILL BE

                    DETERMINED BY THE -- BY THE INITIAL BOARD, HOW -- WHEN THEY CHOOSE THE

                    INVESTOR -- THE ADVISORS, THE INVESTMENT ADVISORS, THEY'LL ALSO DETERMINE

                    FEES.  AND THOSE FEEDS, PRESUMABLY, WILL TAKE INTO ACCOUNT, TO SOME

                    EXTENT, THE NEED TO HAVE TO REPAY THOSE MONIES.

                                 MR. WALTER:  SO, LET'S S TAKE THOSE TWO THINGS

                    SEPARATELY.  THERE'S ADMINISTRATIVE FEES AND THEN THERE'S MANAGEMENT

                    FEES, OKAY?  WE'LL CALL -- WE'LL USE THOSE TERMS.  SO, THE MANAGEMENT

                    FEES ARE GOING TO BE PAID TO THE -- THE INVESTMENT COMPANY.

                                 MS. WEINSTEIN:  MM-HMM.

                                 MR. WALTER:  DO WE HAVE A LIMIT ON WHAT THAT

                    INVESTMENT COMPANY CAN CHARGE?  IS IT HALF A PERCENT, IS IT 1 PERCENT?  I

                    MEAN, IS THERE ANY SORT OF STANDARD THAT WE'RE SETTING?

                                 MS. WEINSTEIN:  NOTHING IN THIS LEGISLATION.

                    AGAIN, THAT WOULD BE DETERMINED BY THE BOARD.

                                 MR. WALTER:  OKAY.  SO, GETTING BACK TO THE

                    ADMINISTRATIVE SIDE.  THERE'S NO LIMIT THAT WE'RE SETTING ON WHAT THEY

                    CAN COLLECT ON ADMINISTRATIVE FEES.  IS THERE ANYTHING TO PREVENT THE

                    STATE FROM SWEEPING THOSE FUNDS INTO THE GENERAL FUND AT ANY POINT?

                                         30



                    NYS ASSEMBLY                                                MARCH 29, 2018

                                 MS. WEINSTEIN:  IT'S NOT -- IT'S NOT AN ORGAN OF THE

                    STATE.  IT IS A SEPARATE ENTITY THAT IS BEING SET UP THROUGH LEGISLATION --

                    THROUGH THE DEPARTMENT OF --

                                 MR. WALTER:  SO IS THE NEW YORK STATE INSURANCE

                    FUND, AND SO IS THE NEW YORK POWER AUTHORITY, BUT SOMEHOW, WE FIND

                    A WAY TO SWEEP --

                                 MS. WEINSTEIN:  NO, THAT --

                                 MR. WALTER:  -- THOSE FUNDS EVERY YEAR.

                                 MS. WEINSTEIN:  NO, IT IS NOT -- AGAIN, THIS IS

                    SIMILAR TO OUR DEFERRED COMPENSATION FUND.  THE MONIES THAT ARE IN

                    THE FUND ARE -- ARE THE -- BELONG TO THE PARTICIPANTS OF THE FUND, THEY DO

                    NOT BELONG TO THE STATE OF NEW YORK.

                                 MR. WALTER:  SO THERE'S NO WAY THAT ANY OF THE

                    ADMINISTRATIVE FEES COULD EVER BE SWEPT INTO THE GENERAL FUND, THEY

                    CAN ONLY BE USED --

                                 MS. WEINSTEIN:  ONLY -- ONLY THOSE, YOU KNOW --

                                 MR. WALTER:  TO PAY BACK THE INITIAL $4 MILLION --

                                 MS. WEINSTEIN:  TO PAY BACK THE INITIAL $4

                    MILLION.  AND THAT'S THE ONLY OBLIGATION THE FUND HAS TO THE STATE, AND

                    THE ONLY MONIES THAT WOULD BE AVAILABLE OVER TIME THAT WOULD COME --

                    BE COMING FROM THE FUND TO THE -- TO THE STATE.

                                 MR. WALTER:  AND NONE OF THIS HAS COME ABOUT AS

                    A RESULT OF ANYTHING THAT WE LEARNED FROM THE SO-CALLED "SMART

                    COMMISSION" THAT THE GOVERNOR INSTITUTED A COUPLE OF YEARS AGO?  SO

                    IT'S NOT THE RESULT OF ANY STUDIES, ANY INFORMATION, IT'S JUST --

                                         31



                    NYS ASSEMBLY                                                MARCH 29, 2018

                                 MS. WEINSTEIN:  IT'S -- I'M INFORMED BY STAFF THAT

                    WE HAVE NOT HEARD ANY RECOMMENDATIONS FROM THAT.

                                 MR. WALTER:  SPRUNG FROM THE HEAD OF ZEUS, I

                    SUPPOSE.

                                 MS. WEINSTEIN:  RIGHT.  PERHAPS NOT AS SMART AS

                    WE HAD ANTICIPATED.

                                 MR. WALTER:  OKAY.  THANK YOU.

                                 ON THE BILL.

                                 THANK YOU VERY MUCH, MS. WEINSTEIN.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. WALTER:  YOU KNOW, IN -- IN GENERAL, I

                    APPRECIATE THE ANSWERS TO THE QUESTIONS ON THE SECURE CHOICE

                    PROGRAM.  BUT I JUST, YOU KNOW, JUST TO TALK A LITTLE BIT ABOUT THIS

                    PROCESS OF THIS BUDGET.  IT'S, YOU KNOW, TEN TO TWELVE AT NIGHT, WE'RE

                    TAKING UP THE FIRST BILL, THE BILL ITSELF HAS 20 -- I -- I COUNTED 26 SECTIONS

                    THAT READ "INTENTIONALLY OMITTED".  I IMAGINE THOSE -- MANY OF THOSE

                    THINGS ARE GOING TO COME BACK AT A LATER DATE IN A MUCH LARGER BILL THAT

                    WE'RE GOING TO HAVE VERY LITTLE TIME TO -- TO REVIEW, MAYBE SOMETIME IN

                    THE MIDDLE OF THE NIGHT TONIGHT, MAYBE NOT.  MAYBE TOMORROW, MAYBE

                    WEEKS FROM NOW, WE'RE -- WE'RE NOT SURE.  BUT THIS IS $168 BILLION

                    DOLLAR SPENDING PLAN THAT IS NOT CREATED TRANSPARENTLY, NOT IN THE LIGHT

                    OF DAY.  IN NO WAY DOES THE PUBLIC HAVE AN ABILITY TO ASSESS EXACTLY

                    WHAT WE'RE DOING HERE.  AND -- AND IT'S JUST AN ABSURD WAY TO RUN A

                    STATE WITH 20-PLUS MILLION PEOPLE AND $168 BILLION BUDGET.  YOU KNOW,

                    NOTHING'S CHANGED OVER THE LAST HOWEVER MANY YEARS; CERTAINLY, THE

                                         32



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    SEVEN YEARS THAT I'VE BEEN HERE FOR THIS PROCESS.  IT CONTINUES TO GET

                    WORSE, NOT BETTER.  AND IF THIS IS THE WAY THAT WE'RE SUPPOSED TO BE

                    CONDUCTING BUSINESS, THEN, YOU KNOW, THE PEOPLE OF THE STATE OF NEW

                    YORK DESERVE MUCH BETTER.

                                 AND IT'S -- IT'S REALLY JUST A SAD DAY WHEN WE HAVE TO

                    DO THIS EVERY SINGLE YEAR, BE COMPLETELY NONTRANSPARENT, DO IT IN THE

                    MIDDLE OF THE NIGHT, AND NOT GIVE THE PEOPLE OF THE STATE OF NEW YORK

                    AN OPPORTUNITY TO EVEN UNDERSTAND WHAT WE'RE DOING HERE.  WHEN

                    THERE'S 26 SECTIONS INTENTIONALLY OMITTED, THINGS STILL TO BE NEGOTIATED,

                    ISSUES THAT ARE COMPLETELY UNRESOLVED THAT WE DON'T EVEN KNOW ABOUT

                    BECAUSE THEY'RE TAKING PLACE BEHIND CLOSED DOORS, YOU KNOW, I -- IT'S

                    NOT A PROCESS ANYBODY IN THIS ROOM SHOULD BE PROUD OF.  THANK YOU

                    VERY MUCH.

                                 ACTING SPEAKER AUBRY:  MR. CURRAN.

                                 MR. CURRAN:  THANK YOU, MR. SPEAKER.  WILL THE

                    CHAIRWOMAN YIELD FOR A COUPLE OF QUESTIONS?

                                 ACTING SPEAKER AUBRY:  THE GENTLEWOMAN

                    WILL YIELD.

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

                                 MR. CURRAN:  THANK YOU, HELENE.  HELENE,

                    DIRECTING YOUR ATTENTION TO PART O UNDER, "ESTABLISHES THE ARMORY

                    RENTAL ACCOUNT ENTERPRISE FUND."

                                 MS. WEINSTEIN:  YES.

                                 MR. CURRAN:  OKAY.  MY UNDERSTANDING IN LOOKING

                    AT THE BILL REAL QUICKLY, THIS WOULD AUTHORIZE A -- THE DIVISION OF

                                         33



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    MILITARY AND NAVAL AFFAIRS TO RENT OUT AN ARMORY THAT IS NOT IN USE TO

                    ANY NON-STATE ENTITY.  AND THIS BILL SETS UP A FUND TO COLLECT THOSE RENTAL

                    FEES; AM I UNDERSTANDING THAT CORRECTLY?

                                 MS. WEINSTEIN:  WELL, THIS DOESN'T AUTHORIZE THE

                    RENTAL.  THIS IS REALLY JUST SETTING UP THE -- THE ACCOUNT.

                                 MR. CURRAN:  OKAY.  SO, THEN, LET ME JUST ASK YOU

                    --

                                 MS. WEINSTEIN:  FOR THE DEPOSIT OF THOSE FUNDS.

                                 MR. CURRAN:  OKAY.  BECAUSE THAT'S -- THAT'S

                    ACTUALLY THE CRUX OF MY QUESTION.  SO, DOES THIS -- DOES THIS BUDGET

                    PASSAGE CONSTRUCT OR AUTHORIZE THE DIVISION OF MILITARY AND NAVAL

                    AFFAIRS TO RENT OUT ANY ARMORY THAT IT CURRENTLY IS NOT ALLOWED TO DO?

                                 MS. WEINSTEIN:  NO, I -- I BELIEVE THAT CURRENTLY

                    THAT -- THAT WHEN -- DMNA HAS 40 ARMORIES STATEWIDE AND WHEN NOT IN

                    USE BY NEW YORK'S MILITARY FORCES, THEY ARE AUTHORIZED TO ALLOW

                    NON-STATE ENTITIES TO USE THE ARMORIES UPON WRITTEN APPROVAL BY THE

                    OFFICER IN CHARGE, AND THEY MAY CHARGE THE OUTSIDE ENTITIES FOR THE USE

                    OF THEIR ARMORIES.  SO THIS JUST SETS UP THE FUND TO ACCEPT -- ACCEPT

                    THOSE MONIES.

                                 MR. CURRAN:  OKAY.  AND THAT'S THE CURRENT LAW

                    RIGHT NOW BEFORE WE EVEN PASS THIS BUDGET, THAT THEY'RE ALLOWED TO

                    ACTUALLY RENT OUT.

                                 MS. WEINSTEIN:  RIGHT.  AND WE DON'T -- WE DON'T

                    CHANGE THE LAW AS IT RELATES TO AUTHORIZING THE RENTAL OR WHO CAN RENT.

                                 MR. CURRAN:  THANK YOU VERY MUCH.

                                         34



                    NYS ASSEMBLY                                                MARCH 29, 2018

                                 THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MR. GOODELL.

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

                    THE SPONSOR YIELD?

                                 ACTING CLERK AUBRY:  WILL YOU YIELD, MS.

                    WEINSTEIN?

                                 MS. WEINSTEIN:  YES.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MR. GOODELL:  THANK YOU VERY MUCH, MS.

                    WEINSTEIN.  I HAD A COUPLE OF QUESTIONS ON THE SHARED SERVICES

                    PROGRAM.

                                 MS. WEINSTEIN:  YES.

                                 MR. GOODELL:  AND I WANTED TO GO BACK TO A -- A

                    QUESTION THAT MY COLLEAGUE, MR. OAKS, ASKED.  MY COUNTY, ALONG WITH

                    MANY OTHER COUNTIES, TOOK THIS PROCESS VERY, VERY SERIOUSLY WHEN IT

                    FIRST CAME THROUGH, PUT TOGETHER A VERY EXTENSIVE LIST OF PROJECTS, NOT

                    ALL OF WHICH COULD BE COMPLETED IN ONE YEAR.  AND I'M LOOKING AT THE

                    LANGUAGE ON PAGE 20, LINE 31.  AND IT -- IT SAYS, "FOR EACH COUNTY NEW

                    SHARED SERVICES ACTIONS NOT INCLUDED IN A PREVIOUSLY APPROVED PLAN

                    WOULD BE ELIGIBLE FOR THE MATCH."  DOES THAT MEAN, THEN, THAT IF IT WAS

                    IN A PREVIOUSLY APPROVED PLAN, BUT NOT IMPLEMENTED, IT'S NOT ELIGIBLE

                    FOR A MATCH?

                                 (PAUSE)

                                 MS. WEINSTEIN:  IF YOU COULD, JUST, MR. GOODELL,

                    ONE --

                                         35



                    NYS ASSEMBLY                                                MARCH 29, 2018

                                 MR. GOODELL:  CERTAINLY.

                                 (PAUSE)

                                 MS. WEINSTEIN:  OKAY.  SO, MR. GOODELL, I THINK I

                    NEED TO CORRECT MY RESPONSE TO MR. OAKS.  SO, EACH -- IN YEAR -- IT HAS

                    TO BE A NEW PLAN FOR YEAR TWO.  SO, IF IT WASN'T YEAR ONE'S PLAN AND WAS

                    NOT -- AND THERE -- IT WAS NOT IMPLEMENTED IN -- IN YEAR ONE PLAN, THEN

                    YEAR TWO YOU NEED TO HAVE A -- A NEW PLAN WITH NEW -- NEW PROJECTS,

                    NEW SHARED PROJECTS, IN ORDER TO RECEIVE A MATCH FOR THOSE PROJECTS.

                                 MR. GOODELL:  AND I -- I VERY MUCH APPRECIATE THE

                    LATE HOUR, JUST ABOUT MIDNIGHT, BUT IF WE HAVE AN OPPORTUNITY FOR

                    CHAPTER AMENDMENTS, IT MIGHT MAKE A LOT OF SENSE FOR US TO AUTHORIZE

                    MUNICIPALITIES WHO HAVE IDENTIFIED A POTENTIAL SAVINGS, BUT WERE

                    UNABLE TO IMPLEMENT IT, TO IMPLEMENT THAT IN SUBSEQUENT YEARS,

                    BECAUSE OUR OVERALL OBJECTIVE ON THE SHARED SAVINGS PLAN IS TO

                    IMPLEMENT THOSE SAVINGS.  AND, AS YOU KNOW, SOMETIMES OUTSIDE

                    OBSERVERS CYNICALLY THINK THAT NO GOOD DEED GOES UNPUNISHED WHEN IT

                    COMES TO STATE GOVERNMENT.  WE CERTAINLY DON'T WANT TO PUNISH THOSE

                    COUNTIES THAT TOOK THE INITIAL CHALLENGE AT A VERY SERIOUS LEVEL.  AND SO,

                    THAT'S JUST A FRIENDLY SUGGESTION TO KEEP IN MIND AS WE MOVE FORWARD.

                                 MS. WEINSTEIN:  JUST TO -- TO COMMENT ON THAT.

                    THAT WAS SOMETHING THAT OUR -- OUR HOUSE IN NEGOTIATIONS HAD

                    RECOMMENDED AND TRIED TO GET INCLUDED, BUT WE WERE -- FACED

                    RESISTANCE FROM THE DIVISION OF BUDGET ON THAT.

                                 MR. GOODELL:  OBVIOUSLY, THERE'S BEEN A NUMBER

                    OF QUESTIONS ON THE SECURE SAVINGS PLAN.  AS I UNDERSTAND IT, ON PAGE

                                         36



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    11 THERE'S A -- AND GOING ONTO PAGE 12, THERE'S A NUMBER OF SPECIFIC

                    PLANS THAT AN INDIVIDUAL COULD SELECT:  GROWTH FUND, PRINCIPAL

                    PROTECTION, SECURE FUND, A CONSERVATIVE FUND AND A MORE AGGRESSIVE

                    FUND.  AND I WOULD ASSUME THAT THOSE -- THE EMPLOYEE WOULD JUST BE

                    ABLE TO CHOOSE WHATEVER, PLAN A OR B OR C OR WHATEVER; IS THAT CORRECT?

                                 MS. WEINSTEIN:  YES, YES.

                                 MR. GOODELL:  AND DOES THIS STATUTORY PROVISION

                    OR FRAMEWORK PROVIDE FOR ANY FINANCIAL ADVICE AND CONSULTATION TO THE

                    EMPLOYEES?  I MEAN, IF YOU GO TO A PRIVATE INVESTMENT COMPANY, THEY

                    OFTEN DO A FAIRLY SOPHISTICATED RISK ANALYSIS.  THEY LOOK AT

                    DIVERSIFICATION, WHEN YOU NEED THE MONEY.  ANY -- DOES THIS PLAN

                    PROVIDE FOR ANY FINANCIAL ADVICE TO THE PARTICIPANTS, THE EMPLOYEES?

                                 MS. WEINSTEIN:  THOSE DETAILS ARE -- ARE NOT IN THE

                    PLAN.  BUT AS -- IN SOME OF THE PRIOR DISCUSSIONS, I MENTIONED THAT IT'S

                    DESIGNED TO BE SIMILAR TO OUR DEFERRED COMPENSATION PLAN, WHERE YOU

                    DO HAVE ADVISORS, YOU CAN SPEAK TO -- THEY'RE INTERACTIVE,

                    SELF-INTERACTIVE ONLINE OPTIONS THAT YOU CAN LOOK AT, DEPENDING ON YOUR

                    -- YOUR NEEDS AND YOUR GOALS AND WHAT RISKS YOU WANT TO TAKE.  BUT WE

                    WOULD ANTICIPATE THAT THERE WOULD BE ADVISORS THAT INDIVIDUAL

                    EMPLOYEES COULD, AND PARTICIPANTS, COULD CONTACT TO GET MORE

                    INFORMATION TO HELP MAKE DECISIONS AS TO HOW TO INVEST THEIR FUNDS.

                                 MR. GOODELL:  I NOTE THAT ON PAGE 9, LINE 15, IT

                    TALKS ABOUT THE FIDUCIARY DUTY OF THOSE INVOLVED IN THE PLAN.  BUT I WAS

                    WONDERING IF YOU COULD EXPLAIN HOW THAT INTERFACES WITH THE LANGUAGE

                    ON PAGE 14, STARTING ON LINE 1, WHICH SEEMS TO STATE THAT NO ONE

                                         37



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    INVOLVED IN THIS PLAN FROM THE EMPLOYER'S PERSPECTIVE, OR FROM THE

                    STATE'S PERSPECTIVE, WOULD HAVE ANY LIABILITY WHATSOEVER.  IS THAT -- SO

                    WE HAVE A FIDUCIARY DUTY BUT ABSOLUTELY NO LIABILITY ON BEHALF OF THE

                    STATE OR ON BEHALF OF EMPLOYERS?

                                 MS. WEINSTEIN:  RIGHT, BECAUSE -- 'CAUSE THOSE

                    RELATE TO THE -- WHO THE CONTRACTED PARTY, WHO WILL BE DOING THE --

                    RUNNING THE ACTUAL PLAN.  SO, THE BOARD HIRES -- WHO -- WHOEVER'S GOING

                    TO BE ADMINISTERING THE PLAN, AN INVESTMENT MANAGER, CONSULTANTS,

                    FINANCIAL ADVISORS TO RUN THE PLAN.  THE BOARD OVERSEES THAT SO THERE'S

                    NO LIABILITY TO THE -- THERE ISN'T -- THERE ISN'T LIABILITY TO THE -- CERTAINLY,

                    THERE'S NO LIABILITY OF THE STATE BECAUSE THE STATE ISN'T RUNNING --

                    (SIDEBAR).

                                 RIGHT.  THERE'S NO STATE -- THERE'S NO STATE MONEY.

                    AND THE FIDUCIARY RESPONSIBILITY RESULT -- THE FIDUCIARY RESPONSIBILITY IS

                    THE RESPONSIBILITY OF THE MANAGERS OF THE ACCOUNT --

                                 MR. GOODELL:  OKAY.  SO --

                                 MS. WEINSTEIN:  -- OF THE INVESTORS.

                                 MR. GOODELL:  AS YOU RECALL, YOU -- YOU ADVISED

                    ME THAT UNDER THIS CONCEPT, AN EMPLOYEE COULD SELECT AMONGST, YOU

                    KNOW, A -- PLAN A THROUGH, WHATEVER, F.  AND THOSE PLANS WERE

                    DESIGNED BY THE BOARD, NOT THE EMPLOYEE, SO THE EMPLOYEE COULD --

                    ONLY HAD THOSE FIVE CHOICES OR SIX CHOICES; RIGHT?

                                 MS. WEINSTEIN:  WELL, THOSE ARE THE BROAD

                    CATEGORIES THAT -- THOSE ARE THE BROAD CATEGORIES OF PLANS.  BUT THE

                    FINANCIAL -- THE MANAGEMENT WILL DETERMINE HOW THOSE PLANS ARE PUT

                                         38



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    TOGETHER, WHAT INVESTMENTS ARE PART OF THOSE PLANS.

                                 MR. GOODELL:  AND IT'S THE BOARD, THEN, THAT

                    SELECTS WHICH COMPANIES RUN EACH OF THOSE PLANS; IS THAT CORRECT?

                                 MS. WEINSTEIN:  YES, THROUGH -- THROUGH AN RFP

                    PROCESS.

                                 MR. GOODELL:  AND IF THE BOARDS SELECTS A

                    COMPANY THAT TURNS OUT TO BE FISCALLY IRRESPONSIBLE AND GOES BELLY-UP

                    OR SUFFERS HUGE LOSSES OR WHATEVER, THEN IS THE BOARD LIABLE?  I MEAN,

                    RIGHT NOW UNDER THE SEC RULES, YOU KNOW, THERE'S A WHOLE DESIGNATED

                    PROCEDURE.  BUT WHAT HAPPENS IF THE BOARD ITSELF FAILS TO EXERCISE ITS

                    FIDUCIARY DUTY IN SELECTING APPROPRIATE MANAGEMENT COMPANIES TO RUN

                    THOSE DESIGNATED FUNDS?  IS THE BOARD THEN LIABLE, OR IS THE FUND THAT

                    WENT BANKRUPT LIABLE, OR ARE NEITHER LIABLE?

                                 MS. WEINSTEIN:  SO, YOU KNOW, OBVIOUSLY, WE

                    HAVE THE ORDINARY PRINCIPLES OF LAW THAT WOULD APPLY, BUT IT WOULD BE

                    ON THE VENDORS, THE -- WHO ARE PROVIDING THOSE SERVICES, AND THE BOARD

                    CAN TERMINATE -- CAN END A CONTRACT WITH -- WITH A PARTICULAR COMPANY,

                    ADVISOR, INVESTMENT GROUP IF THEY DON'T FEEL THAT THEY ARE OPERATING

                    PROPERLY.

                                 MR. GOODELL:  THANK YOU VERY MUCH.

                                 ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MR.

                    GOODELL.

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

                    APPRECIATE THE DESIRE TO SET UP A SECURE SAVINGS PLAN.  AND, YOU KNOW,

                                         39



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    IT SEEMS LIKE A VERY SIMPLE PLAN, IT'S OPTIONAL ON THE PART OF EMPLOYERS,

                    IT'S OPTIONAL ON THE PART OF EMPLOYEES, WE SET UP THIS BOARD OF POLITICAL

                    APPOINTEES, AND THESE POLITICAL APPOINTEES THEN ARE GIVEN AUTHORITY TO

                    CONTRACT WITH OTHER PEOPLE WHO ARE INVESTMENT EXPERTS, PRESUMABLY.

                    BUT, THE -- THE CONCERN THAT I HAVE AND I THINK IS SHARED BY MANY OF MY

                    COLLEAGUES, IS THAT THIS APPROACH FAILS TO ADEQUATELY PROTECT THE

                    EMPLOYEES WHO ARE THE INVESTORS.  BECAUSE UNDER OUR CURRENT LAW, WE

                    HAVE EXTENSIVE, EXTENSIVE FEDERAL OVERSIGHT AND STATE OVERSIGHT ON

                    INVESTMENT ACTIVITIES.  SO, UNDER THE CURRENT LAW IF YOU WANT TO INVEST

                    AND YOU GO TO YOUR FAVORITE COMPANY, WHATEVER IT MIGHT BE, MORGAN

                    STANLEY, FIDELITY, YOU NAME IT, WHICH -- WHICHEVER COMPANY YOU WANT,

                    THEY HAVE A FIDUCIARY OBLIGATION TO DO A FINANCIAL ANALYSIS OF YOUR

                    NEEDS AND YOUR RISKS.  AND THEY THEN EXERCISE A SECONDARY FIDUCIARY

                    OBLIGATION IN HELPING YOU SELECT THE APPROPRIATE INVESTMENT OPTIONS.

                    AND IF IT TURNS OUT THAT THE COMPANY THEY HELPED YOU SELECT WAS

                    INAPPROPRIATE FOR YOUR RISK, THE COMPANY THAT HELPED YOU SELECT THAT.

                    YOUR INVESTMENT ADVISOR, THEY ARE DIRECTLY LIABLE TO YOU.  THEY ARE

                    FINANCIALLY LIABLE TO YOU.  AND I KNOW THIS BECAUSE MY WIFE WENT TO AN

                    INVESTMENT ADVISOR, FILLED OUT ALL THE PAPERWORK, THE INVESTMENT

                    ADVISOR PUT THE FUNDS INTO A COMPANY THAT TURNED OUT TO BE HIGH RISK,

                    THE COMPANY WENT UNDER.  AND WE GOT REIMBURSED BY THE INVESTMENT

                    COMPANY.

                                 AND SO, WE ARE REPLACING AN INVESTMENT ADVISOR WITH

                    EXPERTISE FIDUCIARY DUTY AND LIABILITY, WE'RE REPLACING THAT INVESTMENT

                    ADVISOR BY A BOARD OF POLITICAL APPOINTEES THAT DOESN'T HAVE ANY

                                         40



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    LIABILITY TO OUR EMPLOYEES.  IT'S VERY RISKY WHEN GOVERNMENT GETS

                    INVOLVED, IN THE MIDDLE OF THE NIGHT, WITHOUT EXPERTISE IN THIS AREA, AND

                    WE ARE SUBJECTING ALL THE EMPLOYEES THAT MIGHT WANT TO PARTICIPATE IN

                    THIS PLAN TO THAT POTENTIAL LOSS.

                                 THANK YOU VERY MUCH, MR. SPEAKER.  AND THANK YOU

                    VERY MUCH TO MY COLLEAGUE FOR ANSWERING THOSE QUESTIONS.

                                 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:  YES.  THANK YOU, MR. SPEAKER.

                    THIS IS OUR FIRST VOTE OF THE LEGISLATIVE DAY.

                                 (LAUGHTER)

                                 AND IF PEOPLE ARE NOT IN THE CHAMBER, THEN GOD

                    KNOWS WHERE THEY ARE.

                                 (LAUGHTER)

                                 BUT PLEASE CAST YOUR VOTES FOR OUR FIRST VOTE OF THE

                    LEGISLATIVE DAY.

                                 ACTING SPEAKER AUBRY:  FIRST VOTE OF THE

                    LEGISLATIVE DAY, MEMBERS.  IF YOU'RE NOT IN THE CHAMBER, PLEASE COME

                    TO THE CHAMBER AND CAST YOUR VOTE.  IF YOU ARE IN YOUR CHAIR, VOTE NOW.

                                 MR. RODRIGUEZ TO EXPLAIN HIS VOTE.

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

                                         41



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    I'D CERTAINLY LIKE TO THANK CHAIRMAN WEINSTEIN FOR HER WORK DEFENDING

                    THIS VERY IMPORTANT PIECE OF LEGISLATION.  AND WHEN WE TALK ABOUT THE

                    BUDGET AND ALL THE PARTS OF IT, I'M GLAD THAT WE FOCUSED ON JUST ONE

                    PROPOSAL IN THE BUDGET, SECURE CHOICE SAVINGS, BECAUSE IT IS SUCH AN

                    IMPORTANT PIECE OF LEGISLATION TO PROVIDING ADDITIONAL OPTIONS IN THE

                    MARKETPLACE FOR PEOPLE WHO WANT TO SAVE AND HAVE LIMITED ACCESS TO

                    SAVINGS TODAY.

                                 SOME ARGUMENTS HAVE BEEN MADE ABOUT ACCESS TO

                    FINANCIAL ADVISORS.  RIGHT NOW, ONLY 54 PERCENT OF THE MARKET OF PEOPLE

                    WHO ARE ELIGIBLE HAVE ACCESS TO RETIREMENT SAVINGS.  THREE MILLION

                    NEW YORKERS DON'T HAVE ACCESS TODAY TO RETIREMENT SAVINGS ACCOUNTS.

                    AND THIS IS -- AND FINANCIAL ADVISORS HAVE BEEN, YOU KNOW, CERTAINLY

                    AVAILABLE TO EVERYONE IN THIS MARKET FOR A SIGNIFICANT AMOUNT OF TIME.

                    AND AS A FINANCIAL ADVISOR, I CAN SAY THAT THERE ARE AREAS THAT ARE, AND

                    CONTINUE TO BE, UNDERSERVED.  THIS PROVIDES A LOW-COST ALTERNATIVE, JUST

                    LIKE THE 529 PROGRAMS, AND HAS SIMILAR PROTECTIONS AROUND THOSE -- THAT

                    -- THAT PROGRAM.

                                 SO, ALL THIS REALLY IS, IS ABOUT PROVIDING MORE ACCESS TO

                    SAVINGS, PROGRAMS TO FOLKS WHO MAY NOT BE SOPHISTICATED, WHO MAY

                    NOT HAVE OR KNOW FINANCIAL ADVISORS, BUT WHO DO HAVE A DESIRE TO SAVE.

                    AND THIS PROVIDES A -- A BOARD AND -- AND MANY OF THE PROTECTIONS TO

                    ENSURE THAT QUALIFIED INVESTMENT PROFESSIONALS ARE INVESTING THOSE

                    DOLLARS, THAT THEY ARE ABLE -- AND WE ARE ABLE TO PROCURE THE LOWEST

                    POSSIBLE COSTS AVAILABLE THROUGH PUBLIC RFPS, SIMILAR TO WHAT WE DO

                    FOR THE EXISTING 529 PROGRAM RIGHT NOW, SIMILAR TO WHAT THE

                                         42



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    COMPTROLLER DOES, YOU KNOW, WHEN HE'S MANAGING THOSE FUNDS AND

                    OTHER PUBLIC FUNDS, AND HAVE A -- A VARIETY OF RESOURCES THERE, IN

                    ADDITION TO REPORTING REQUIREMENTS SO, AS A LEGISLATURE, WE CAN SEE

                    HOW THIS FUND IS PERFORMING.

                                 SO, I THINK THERE ARE FIDUCIARY SAFEGUARDS AT LOW

                    ADMINISTRATIVE COST AND THIS PROVIDES A TREMENDOUS OPPORTUNITY FOR

                    MILLIONS OF NEW YORKERS TO SAVE.  AS A RESULT, I WILL BE VOTING IN THE

                    AFFIRMATIVE AND URGE MY COLLEAGUES TO DO THE SAME.

                                 ACTING SPEAKER AUBRY:  THE GENTLEMAN IN THE

                    AFFIRMATIVE.

                                 MR. PERRY.

                                 MR. PERRY:  THANK YOU, MR. SPEAKER, FOR AN

                    OPPORTUNITY TO EXPLAIN MY VOTE.  I NOTE THAT THERE WERE QUESTIONS ASKED

                    ABOUT WHAT'S IN THE BILL; NO QUESTIONS WERE ASKED ABOUT WHAT'S NOT IN

                    THE BILL.  BUT THIS BILL STARTED OUT WITH SOME AMBITIOUS PROPOSALS THAT

                    WOULD HAVE PUT NEW YORK STATE AT THE FRONT OF LEADERSHIP FOR CRIMINAL

                    JUSTICE REFORM.  BUT, THE SPEAKER DIDN'T KNOW THAT HE WAS UP AGAINST

                    EXTRATERRESTRIAL FORCES ON THE OTHER SIDE.  BUT THEY WORKED HARD AND

                    THEY WERE ABLE TO GET THESE VERY IMPORTANT PROVISIONS SCRATCHED FROM

                    THE BILL:  BAIL REFORM, DISCOVERY, SPEEDY TRIALS.  WE HAVE GONE TO A

                    STALEMATE ON CRIMINAL JUSTICE REFORM IN THIS STATE.  AND PEOPLE LOOK TO

                    NEW YORK TO PROVIDE SOME LEADERSHIP.  AND I HOPE THAT WE WILL BE

                    ABLE TO ACT WHEN THIS WAVE STRIKES LATER THIS YEAR, WE WILL HAVE THE

                    SUPPORT WE NEED TO MAKE NEW YORK THE REALLY PROGRESSIVE STATE THAT

                    WE WANT TO BE, AND CLAIM TO BE.

                                         43



                    NYS ASSEMBLY                                                MARCH 29, 2018

                                 I WITHDRAW MY REQUEST, MR. SPEAKER, AND VOTE IN THE

                    AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. PERRY IN THE

                    AFFIRMATIVE.

                                 MR. CRESPO.

                                 MR. CRESPO:  THANK YOU, MR. SPEAKER.  I, TOO,

                    WANT TO THANK THE SPEAKER, CHAIRWOMAN HELENE WEINSTEIN AND THE

                    STAFF FOR THEIR INCREDIBLE WORK ON THIS BUDGET BILL AND MANY OF THE

                    PROVISIONS THAT ARE IN IT.  I WANT TO THANK MY COLLEAGUE, ASSEMBLYMAN

                    RODRIGUEZ, AS WELL, FOR HIS YEARS OF ADVOCACY FOR THE SAVINGS ACCOUNTS.

                    IT IS INCREDIBLY IMPORTANT TO ALL NEW YORKERS, BUT PARTICULARLY NEW

                    YORKERS OF COLOR, WHEN 52 PERCENT OF AFRICAN-AMERICAN WORKERS IN

                    THE STATE DO NOT HAVE ACCESS TO AN EMPLOYER-PROVIDED SAVINGS ACCOUNT,

                    RETIREMENT SAVINGS ACCOUNT, AND 67 PERCENT OF LATINO WORKERS DO NOT

                    HAVE ACCESS TO IT.  WE -- WE HAVE AN INCREDIBLE GAP TO FILL, AND I

                    BELIEVE THIS BILL WILL DO THAT.

                                 AND ALSO, VERY GRATEFUL FOR THE INCLUSION OF THE

                    CENSUS 2020 COUNT COMMISSION THAT IS CREATED IN THIS BUDGET BILL.  IT

                    IS IMPERATIVE FOR ALL OF OUR COMMUNITIES, REGARDLESS WHERE YOU ARE IN

                    THE STATE, THAT NEW YORK STATE NOT SUFFER ANOTHER UNDERCOUNT.  WE

                    CAN'T CONTINUE TO LOSE REPRESENTATION IN CONGRESS.  WE CANNOT CONTINUE

                    TO LOSE BILLIONS OF DOLLARS IN FEDERAL FUNDS.  AND IT IS IMPERATIVE THAT

                    WE ALL WORK TOGETHER OVER THE NEXT YEAR OR TWO TO MAKE SURE THAT WE

                    ARE DOING EVERYTHING WE CAN TO GET THE WORD OUT, TO EDUCATE NEW

                    YORKERS, AND TO IMPROVE ON OUR PARTICIPATION RATES AND GET OUR FAIR

                                         44



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    SHARE OF FEDERAL RESOURCES.  WE'VE SEEN BUDGET AFTER BUDGET THE

                    DIFFICULTIES IN MAINTAINING OUR COMMITMENT TO PROGRAMS AND SERVICES,

                    AND THE BEST WAY TO DO THAT IS TO HAVE AN ACCURATE COUNT, AND I BELIEVE

                    THE CENSUS 2020 COMMISSION WILL ALLOW US TO DO THAT.  AND I'LL BE

                    VOTING IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. CRESPO IN THE

                    AFFIRMATIVE.

                                 MR. BARRON.

                                 MR. BARRON:  THANK YOU, MR. SPEAKER.  I WANT TO

                    AGREE WITH MY COLLEAGUE, NICK PERRY, IN THAT TO TAKE OUT THE BAIL

                    REFORM IN THIS IS UNACCEPTABLE AND UNCONSCIONABLE.  WHEN WE LOOK AT

                    WHAT'S HAPPENING AT RIKERS ISLAND, AND EVEN THOUGH IN THESE

                    FORTHCOMING BUDGETS WE'LL BE BUILDING MORE -- ANOTHER PRISON IN THE

                    BRONX, WE'LL BE BUILDING HIGHER PRISONS IN BROOKLYN, AND ALL OF THAT,

                    BUT THE BIGGEST PROBLEM IS THAT INNOCENT PEOPLE WHO HAVE NOT BEEN

                    CONVICTED OF ANYTHING ARE STUCK IN JAILS AWAITING TRIAL.  AND YOU KNOW

                    THE TRAGEDY OF BROWDER AND THERE ARE SO MANY OTHER TRAGEDIES, THAT WE

                    SHOULD NOT HAVE A BILL THAT DOESN'T INCLUDE BAIL REFORM.  IF IT DIDN'T

                    HAPPEN NOW, THE LIKELIHOOD OF IT HAPPENING AT ALL IS SLIM TO NONE.

                                 SO, ON THAT, I AM NOT VOTING FOR THIS BILL.  WE NEED TO

                    BE INCLUDED IN THIS.  MASS INCARCERATION IS A BIG PROBLEM, IN BLACK AND

                    BROWN COMMUNITIES, IN PARTICULAR, AND UNLESS WE DO SOMETHING ABOUT

                    THAT AS A LEGISLATURE, WE ARE GOING TO HAVE A LOT OF PROBLEMS IN OUR

                    COMMUNITY.  SO I WILL NOT BE VOTING FOR THIS BILL.  I VOTE IN THE

                    NEGATIVE.

                                         45



                    NYS ASSEMBLY                                                MARCH 29, 2018

                                 ACTING SPEAKER AUBRY:  MR.  BARRON IN THE

                    NEGATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A09506-B, RULES

                    REPORT NO. 19, BUDGET BILL.  AN ACT INTENTIONALLY OMITTED (PART A); TO

                    AMEND THE EDUCATION LAW AND CHAPTER 537 OF THE LAWS OF 1976,

                    RELATING TO PAID, FREE AND REDUCED PRICE BREAKFAST FOR ELIGIBLE PUPILS IN

                    CERTAIN SCHOOL DISTRICTS, IN RELATION TO PROHIBITING MEAL SHAMING AND TO

                    SCHOOL BREAKFAST AND LUNCH PROGRAMS (PART B); INTENTIONALLY OMITTED

                    (PART C); TO AMEND THE EDUCATION LAW, IN RELATION TO PARTICIPATION IN

                    RECOVERY HIGH SCHOOL PROGRAMS (PART D); INTENTIONALLY OMITTED (PART

                    E); INTENTIONALLY OMITTED (PART F); TO AMEND CHAPTER 57 OF THE LAWS OF

                    2012 AMENDING THE SOCIAL SERVICES LAW AND THE FAMILY COURT ACT

                    RELATING TO ESTABLISHING A JUVENILE JUSTICE SERVICES CLOSE TO HOME

                    INITIATIVE, AND AMENDING THE SOCIAL SERVICES LAW, THE FAMILY COURT

                    ACT AND THE EXECUTIVE LAW RELATING TO JUVENILE DELINQUENTS, IN RELATION

                    TO EXTENDING THE CLOSE TO HOME (CTH) INITIATIVE AND JUVENILE JUSTICE

                    REFORMS AN ADDITIONAL FIVE YEARS; AND TO REPEAL CERTAIN PROVISIONS OF

                    PARAGRAPH (A) OF SUBDIVISION 8 OF SECTION 404 OF THE SOCIAL SERVICES

                    LAW RELATING TO CTH FUNDING AND REIMBURSEMENT (PART G);

                    INTENTIONALLY OMITTED (PART H); TO AMEND PART G OF CHAPTER 57 OF THE

                    LAWS OF 2013, AMENDING THE EXECUTIVE LAW AND THE SOCIAL SERVICES

                    LAW RELATING TO CONSOLIDATING THE YOUTH DEVELOPMENT AND

                                         46



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    DELINQUENCY PREVENTION PROGRAM AND THE SPECIAL DELINQUENCY

                    PREVENTION PROGRAM, IN RELATION TO EXTENDING SUCH PROVISIONS (PART I);

                    TO AMEND PART K OF CHAPTER 57 OF THE LAWS OF 2012, AMENDING THE

                    EDUCATION LAW, RELATING TO AUTHORIZING THE BOARD OF COOPERATIVE

                    EDUCATIONAL SERVICES TO ENTER INTO CONTRACTS WITH THE COMMISSIONER OF

                    CHILDREN AND FAMILY SERVICES TO PROVIDE CERTAIN SERVICES, IN RELATION TO

                    THE EFFECTIVENESS THEREOF (PART J); TO AMEND THE PUBLIC AUTHORITIES

                    LAW, IN RELATION TO ADDING THE OFFICE OF CHILDREN AND FAMILY SERVICES

                    TO THE LIST OF ENTITIES TO WHOM THE DORMITORY AUTHORITY OF THE STATE OF

                    NEW YORK (DASNY) IS AUTHORIZED TO PROVIDE CAPITAL DESIGN AND

                    CONSTRUCTION SERVICES (PART K); INTENTIONALLY OMITTED (PART L);

                    INTENTIONALLY OMITTED (PART M); INTENTIONALLY OMITTED (PART N);

                    INTENTIONALLY OMITTED (PART O); TO REPEAL SUBDIVISION 11 OF SECTION

                    6305 OF THE EDUCATION LAW RELATING TO THE DEVELOPMENT OF A

                    METHODOLOGY FOR CALCULATING CHARGEBACK RATES BY THE STATE UNIVERSITY

                    OF NEW YORK AND THE CITY UNIVERSITY OF NEW YORK (PART P); TO AMEND

                    THE PUBLIC HEALTH LAW, IN RELATION TO PROVIDING FEMININE HYGIENE

                    PRODUCTS IN PUBLIC SCHOOLS (PART Q); RELATING TO THE CREATION OF

                    COMPUTER SCIENCE EDUCATION STANDARDS (PART R); TO AMEND THE

                    EDUCATION LAW, IN RELATION TO APPOINTEES TO THE STATE BOARD FOR

                    MEDICINE (PART S); TO AMEND THE EDUCATION LAW, IN RELATION TO THE

                    EXCELSIOR SCHOLARSHIP (PART T); TO AMEND THE EDUCATION LAW, IN

                    RELATION TO REQUIRING REGULATIONS TO PERMIT TUITION WAIVERS FOR CERTAIN

                    FIREFIGHTERS AND FIRE OFFICERS FOR CUNY; AND PROVIDING FOR THE REPEAL OF

                    SUCH PROVISIONS UPON EXPIRATION THEREOF (PART U); TO AMEND THE

                                         47



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    EDUCATION LAW, IN RELATION TO THE FOSTER YOUTH COLLEGE SUCCESS

                    INITIATIVE (PART V); TO AMEND THE EDUCATION LAW, IN RELATION TO

                    ENHANCED TUITION AWARDS (PART W); TO AMEND THE PRIVATE HOUSING

                    FINANCE LAW, IN RELATION TO RESIDENTIAL EMERGENCY SERVICES TO OFFER

                    HOME REPAIRS TO THE ELDERLY PROGRAM (PART X); TO AMEND THE PRIVATE

                    HOUSING FINANCE LAW, IN RELATION TO DISABLED VETERAN ACCESS TO HOME

                    FOR HEROES CONTRACTS (PART Y); TO AMEND THE STATE FINANCE LAW, IN

                    RELATION TO ESTABLISHING THE SUNY STONY BROOK EASTERN LONG ISLAND

                    HOSPITAL AFFILIATION ESCROW FUND (PART Z); TO AMEND THE EDUCATION

                    LAW, IN RELATION TO ESTABLISHING THE NEW YORK STATE TEACHER LOAN

                    FORGIVENESS PROGRAM (PART AA); TO AMEND THE EDUCATION LAW, IN

                    RELATION TO THE NEW YORK STATE SCIENCE TECHNOLOGY, ENGINEERING AND

                    MATHEMATICS INCENTIVE PROGRAM (PART BB); TO AMEND THE EDUCATION

                    LAW AND THE SOCIAL SERVICES LAW, IN RELATION TO THE EDUCATION OF

                    CHILDREN IN FOSTER CARE (PART CC); AND TO AMEND THE SOCIAL SERVICES

                    LAW, IN RELATION TO INCOME SAVINGS PLANS FOR THE CITY OF NEW YORK;

                    AND TO AMEND PART K OF CHAPTER 58 OF THE LAWS OF 2010 AMENDING THE

                    SOCIAL SERVICES LAW RELATING TO ESTABLISHING THE SERVICE PLAN

                    DEMONSTRATION PROJECT, IN RELATION TO THE EFFECTIVENESS THEREOF (PART

                    DD).

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL --

                    GOVERNOR'S MESSAGE IS AT THE DESK.  THE CLERK WILL READ.

                                 THE CLERK:  I HEREBY CERTIFY TO AN IMMEDIATE VOTE,

                    ANDREW M. CUOMO, GOVERNOR.

                                 ACTING SPEAKER AUBRY:  MR. GOODELL HAS

                                         48



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    ASKED FOR A -- MR. -- MR. OAKS HAS ASKED FOR AN EXPLANATION.  I'M

                    RUSHING YOU, I KNOW.  TAKE YOUR TIME AND TELL ME WHAT YOU WANT.

                                 MR. OAKS:  I THINK I'LL GO STRAIGHT TO QUESTIONS IF

                    THAT'S ALL RIGHT, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  WELL, MS. WEINSTEIN,

                    THE GENTLEMAN HAS ASKED YOU TO YIELD.

                                 MS. WEINSTEIN:  SURE.  I'D BE HAPPY TO.  THE HOUR'S

                    LATE, SO, HAPPY TO ANSWER SOME QUESTIONS.

                                 MR. OAKS:  THANK YOU, HELENE.  IN THIS BILL, THERE

                    ARE A NUMBER OF SECTIONS THAT WE DON'T SEE INFORMATION AS THE LAST BILL,

                    SO HOPEFULLY WE WILL HAVE SOME OF THAT INFORMATION IN A BILL THAT WE'RE

                    WAITING FOR YET OR TWO, BUT WITHIN THIS, ONE OF THE PROGRAMS THAT IS

                    DESCRIBED AS THE LOCALLY-GROWN FOOD IN OUR SCHOOLS.

                                 MS. WEINSTEIN:  CORRECT.

                                 MR. OAKS:  AND THIS WOULD PROVIDE A SUBSIDY OF, I

                    BELIEVE, 25 CENTS FOR EACH MEAL IF A SCHOOL MET A CERTAIN STANDARD.  I

                    WAS ENCOURAGED BY MY LOCAL FOOD SERVICE DIRECTORS TO DO THAT.

                    OBVIOUSLY, I LIVE IN AN AREA THAT IS QUITE RURAL, HAS A LOT OF FARMS, BUT

                    THIS IS AVAILABLE TO ALL SCHOOL DISTRICTS, URBAN, RURAL, SUBURBAN, ACROSS

                    THE STATE?

                                 MS. WEINSTEIN:  YES, IT'S AVAILABLE TO ALL AND THE

                    PERCENTAGE IS 30 PERCENT, IF THEY HAVE 30 PERCENT OF -- HAS TO BE LOCALLY

                    GROWN FARM PRODUCE.

                                 MR. OAKS:  DO WE HAVE A DEFINITION OF WHAT THE

                    "LOCALLY GROWN" IS?  DOES IT HAVE TO BE WITHIN CERTAIN MILES OR IS IT ANY

                                         49



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    FARM ACROSS THE STATE?

                                 MS. WEINSTEIN:  NO, THAT IT'S -- JUST THAT 30 PERCENT

                    OF THEIR FOOD IS FROM NEW YORK STATE FARMERS, GROWERS OR PRODUCERS.

                                 MR. OAKS:  AND -- OR PROCESSORS?

                                 MS. WEINSTEIN:  YES, YES, YES; PRODUCERS, YES,

                    YES.

                                 MR. OAKS:  THANK YOU.  AND HOW MUCH MONEY IS

                    IN THE BUDGET TO FUND THIS PROGRAM?

                                 MS. WEINSTEIN:  THERE'S -- THERE WILL BE $10

                    MILLION IN THE BUDGET TO SUPPORT THIS PROGRAM.

                                 MR. OAKS:  AND DO WE HAVE A SENSE OF THE NUMBER

                    OF SCHOOLS THAT WOULD ELECT IT AT -- AT THIS POINT, OR NOT REALLY?

                                 MS. WEINSTEIN:  WE DON'T KNOW THAT.  FOR ALL WE

                    KNOW, THERE MAY VERY WELL CURRENTLY BE -- YOU KNOW, WE ASSUME THERE

                    MAY BE SOME THAT ARE CURRENTLY MEETING THE -- THE STANDARD.  THIS, AS

                    YOU SAY, WOULD PROVIDE THAT LOCAL REIMBURSEMENT FROM THE CURRENT 6

                    CENTS TO 25 -- TO 25 CENTS.

                                 MR. OAKS:  AND IS THERE CONFIDENCE THAT THE $10

                    MILLION IS SUFFICIENT TO COVER THAT COST IN THE FIRST FISCAL YEAR?

                                 MS. WEINSTEIN:  MY UNDERSTANDING IS THAT THERE'S A

                    ONE-YEAR LAG SO THAT WE SHOULD BE -- THE $10 MILLION SHOULD COVER IT

                    AND WE'LL HAVE AN OPPOR -- IF WE SEE AS THE SCHOOL YEAR PROGRESSES THAT

                    IT WILL NOT COVER IT, WE WILL HAVE OPPORTUNITY IN NEXT YEAR'S BUDGET TO

                    BE ABLE TO ENSURE THEIR SUFFICIENT FUNDS.

                                 MR. OAKS:  THANK YOU.  IN THE LAST BUDGET BILL, I

                                         50



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    ASKED A QUESTION AND THEN YOU GAVE SOME CLARIFICATION ON IT AND

                    CHANGING, YOU KNOW, ON ELIGIBILITY OR FOR A PROGRAM.  WHAT IF A SCHOOL

                    DISTRICT IS ALREADY MEETING, YOU KNOW, HAS -- HAS BEEN EXTREMELY

                    ACTIVE, THEY'VE GOT LOCAL FARM PRODUCTS COMING, THEY'RE ALREADY MEETING

                    THE THRESHOLD.  ARE THEY GOING TO BE ELIGIBLE FOR THIS 25 CENTS?

                                 MS. WEINSTEIN:  YES, AND THEY'LL BE -- THEY'LL BE

                    GETTING A, I GUESS, 19, YOU KNOW, AN ADDITIONAL 19 CENTS PER -- PER MEAL

                    FOR WHAT THEY'RE ALREADY -- FOR WHAT THEY'RE ALREADY DOING.  OBVIOUSLY,

                    THE INTENT IS NOT ONLY TO HELP PROVIDE FRESH FOOD FOR -- FOR OUR STUDENTS,

                    BUT ALSO TO ENCOURAGE ECONOMIC DEVELOPMENT BY ENCOURAGING AND

                    SUPPORTING OUR LOCAL FARMERS, PRODUCERS, PROCESSORS IN THE STATE.

                                 MR. OAKS:  WELL, LET'S HOPE THAT IT DOES SERVE THE

                    NEEDS OF OUR CHILDREN, CERTAINLY OUR FARMING AND AGRICULTURAL

                    COMMUNITIES AND OUR SCHOOL DISTRICTS ACROSS THE STATE.

                                 ON ANOTHER MATTER WITHIN THIS BUDGET, I DID SEE THAT

                    THERE'D BEEN ELIMINATED OR NOT COVERED IN HERE -- IN MY AREA, I

                    REPRESENT DISTRICT, AND A NUMBER OF US DO, ALONG LAKE ONTARIO AND

                    THERE WAS THE PROGRAM TO MEET SOME OF THE FLOOD RECOVERY FROM LAST

                    YEAR, LAKE ONTARIO, ST. LAWRENCE RIVER AREA.  THAT AMENDMENT IS OUT.

                    CAN WE EXPECT TO -- I KNOW IT'S NOT HERE.  CAN WE EXPECT TO SEE SOME

                    ACTION ON THAT TO CLARIFY FOR THOSE PEOPLE WHO ARE WAITING FOR

                    ASSISTANCE?

                                 MS. WEINSTEIN:  I -- I BELIEVE THAT THAT WILL BE

                    MOVED TO -- WILL BE SHOWING UP IN ANOTHER BILL LATER ON TODAY OR

                    TOMORROW.

                                         51



                    NYS ASSEMBLY                                                MARCH 29, 2018

                                 MR. OAKS:  THANK YOU.  ONE OF THE OTHER PROGRAMS

                    IS THE TEACHER LOAN FORGIVENESS PROGRAM THAT IS BEING ESTABLISHED.  HOW

                    MUCH MONEY ARE WE MAKING AVAILABLE FOR THIS PROGRAM?

                                 MS. WEINSTEIN:  $1 MILLION.

                                 MR. OAKS:  AND I SAW SOMETHING, IS IT CREATING A

                    FOUR-YEAR PROGRAM?  IS THAT --

                                 MS. WEINSTEIN:  AN INDIVIDUAL TEACHER COULD BE

                    ELIGIBLE FOR REIMBURSEMENT FOR FOUR YEARS.  THEY WOULD BE UP TO

                    $5,000 PER YEAR WITH A PREFERENCE GIVEN TO TEACHERS WHO ARE IN AREAS

                    WHERE THERE'S SHORTAGES OR A PARTICULAR SHORTAGE IN THE AREA OF THEIR

                    EXPERTISE.

                                 MR. OAKS:  SO, FOR INSTANCE, IF YOU'RE A MATH

                    TEACHER AND THERE'S FEWER OR YOU'RE HAVING TROUBLE FILLING MATH

                    POSITIONS, THEY MIGHT BE GETTING THAT, OR A LANGUAGE TEACHER OR SOMEONE

                    ELSE, PERHAPS IN THE STEM AREA OR SPECIAL AREAS, THEY MIGHT BE ELIGIBLE

                    FOR THIS BEFORE SOME OTHER TEACHERS WHO MIGHT BE TEACHING ENGLISH OR

                    HISTORY OR SOMETHING LIKE THAT.

                                 MS. WEINSTEIN:  YES.

                                 MR. OAKS:  AND SO THE PROGRAM IS $1 MILLION.  IS

                    THAT $1 MILLION TO BE OVER FOUR YEARS, OR IS IT $1 MILLION THIS YEAR AND

                    THEN IT WOULD BE, IN ESSENCE, KIND OF WE ANTICIPATE $1 MILLION OVER THE

                    NEXT FOUR YEARS?

                                 MS. WEINSTEIN:  NO.  IT'S $1 MILLION FOR THE FOUR

                    YEARS.  SO, THE INITIAL YEAR WOULD BE $250-.  YOU KNOW, CLEARLY AS WE

                    GO FORWARD IF WE SEE THERE'S A GREAT INTEREST AND NEED, WE CAN, IN FUTURE

                                         52



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    YEARS, MAKE AN ADJUSTMENT TO THAT DOLLAR AMOUNT.

                                 MR. OAKS:  IF -- IF --

                                 MS. WEINSTEIN:  BUT IT'S ANTICIPATED THAT IT'S $1

                    MILLION OVER THE FOUR YEARS.

                                 MR. OAKS:  IF THEY'RE ELIGIBLE FOR THE -- THE FULL

                    $5,000 -- IT'S UP TO $5,000 I WOULD -- I WOULD IMAGINE.

                                 MS. WEINSTEIN:  CORRECT.

                                 MR. OAKS:  THE -- A QUICK CALCULATION SAYS IT'S ONLY

                    ABOUT 50 TEACHERS STATEWIDE, OR 50 INDIVIDUALS.  THAT'S NOT GOING TO

                    MAKE A SIGNIFICANT DENT PERHAPS IN THE STATE, BUT HAS THIS BEEN DONE

                    BECAUSE WE SEE A SENSE OR WE -- WE SEE FEWER TEACHERS THAN WHAT WE

                    NEED IN SOME OF THOSE FIELDS?  ARE WE TRYING TO INSPIRE THAT, IS THAT THE

                    REAL PURPOSE?

                                 MS. WEINSTEIN:  YES, YES; YES.

                                 MR. OAKS:  SO JUST MY SENSE WOULD BE IF WE'RE

                    GOING TO BE SERIOUS ABOUT THAT PROGRAM, THE LONG-TERM COST COULD

                    CERTAINLY GROW SIGNIFICANTLY FROM THAT.

                                 MS. WEINSTEIN:  WELL, AS I SAID, THIS IS YEAR ONE.

                    THIS IS OUR ANTICIPATION FOR FOUR YEARS AND, CLEARLY, AS WE GO FORWARD IN

                    FUTURE YEARS, WE CAN ADD ADDITIONAL DOLLARS IF WE SEE THAT THERE IS BOTH

                    THE INTEREST AND THE NEED.

                                 MR. OAKS:  IF -- AND JUST A FINAL QUESTION.  IF THERE

                    WAS SHORTAGES IN -- IN TWO DIFFERENT DISTRICTS, IS THERE THEN A

                    DETERMINATION THAT YOU'RE GOING TO RECEIVE IT VERSUS ME IN MY DISTRICT

                    FOR SOME OTHER REASON OR NOT?

                                         53



                    NYS ASSEMBLY                                                MARCH 29, 2018

                                 MS. WEINSTEIN:  HESC WILL BE MAKING THE

                    DETERMINATION SO I THINK THEY WILL BE DECIDING AS THE APPLICATIONS COME

                    IN FOR THE -- FOR THE LOAN FORGIVENESS PROGRAM, THEY'LL MAKE THOSE

                    DETERMINATIONS.  I COULDN'T REALLY GIVE YOU AN ANSWER AS TO THE

                    PREFERENCE FOR ONE COMMUNITY OR ANOTHER AT THIS POINT.

                                 MR. OAKS:  WILL -- WILL IT BE COMPETITIVE OR LIKE

                    FIRST COME/FIRST SERVED, DO WE KNOW THAT YET?

                                 MS. WEINSTEIN:  YOU KNOW, THAT WE DON'T KNOW

                    BECAUSE IT WILL BE ADMINISTERED BY HESC AND THEY WILL DETERMINE THE

                    ELIGIBILITY WHEN THEY PUT TOGETHER THE -- THE PROPOSAL, ONCE THEY REALLY

                    PUT A PLAN TOGETHER AND MAKE THAT ANNOUNCEMENT OF HOW THEY'RE GOING

                    TO EVALUATE THE INDIVIDUALS WHO APPLY FOR THIS FORGIVENESS PROGRAM.

                                 MR. OAKS:  JUST ONE MORE QUESTION, ACTUALLY IN THE

                    AREA OF HOUSING.  DO WE KNOW -- I KNOW THERE'S A COUPLE OF PROGRAMS,

                    RESIDENTIAL EMERGENCY SERVICES HOME REPAIR TO THE ELDERLY PROGRAM

                    AND THE NEW YORK ACCESS TO HOME FOR HEROS PROGRAM.  DO WE HAVE

                    ANY SENSE OF HOW MUCH MONEY IS GOING TO BE AVAILABLE FOR THOSE TWO

                    PROGRAMS EITHER INDIVIDUALLY OR AS -- AS A GROUP?

                                 MS. WEINSTEIN:  I COULD GET YOU THE DOLLARS, BUT

                    WE'RE CODIFYING SOME EXISTING PROGRAMS AND I THINK THESE ARE MOSTLY

                    GOING TO BE FUNDED THROUGH RE-APPROPS, BUT IF YOU WAIT A MOMENT, I

                    CAN --

                                 MR. OAKS:  OKAY.

                                 MS. WEINSTEIN:  -- FIND SOME OF THE EXACT DOLLAR

                    FIGURES FOR YOU.

                                         54



                    NYS ASSEMBLY                                                MARCH 29, 2018

                                 (PAUSE)

                                 I THINK WE MIGHT HAVE TO HAVE AN OFFLINE DISCUSSION

                    ABOUT THE DOLLAR -- THE DOLLAR FIGURES THERE.

                                 MR. OAKS:  I'LL APPRECIATE LEARNING THAT LATER THEN.

                    THANK YOU, HELENE, FOR YOUR COMMENTS.

                                 ACTING SPEAKER PICHARDO:  MR. MURRAY.

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

                    THE CHAIRWOMAN YIELD, PLEASE?

                                 ACTING SPEAKER PICHARDO:  WILL YOU YIELD?

                    YES?  THE CHAIRWOMAN YIELDS.

                                 MR. MURRAY:  THANK YOU, HELENE.  I KNOW THAT

                    WE'VE BEEN TALKING THAT THIS BILL, IN PARTICULAR, IS RATHER SHORT ON

                    SPECIFICS, BUT I'LL TOUCH BASE ON A FEW JUST TO SEE IF WE HAVE

                    INFORMATION HERE OR IF WE COULD EXPECT SOME LATER, STARTING WITH THE

                    OBVIOUS, AND THAT WOULD BE THE FOUNDATION AID NUMBERS.  DO WE -- I

                    KNOW THAT WE DON'T HAVE THAT INCLUDED IN HERE, BUT DO WE HAVE AN IDEA

                    OF WHERE WE'RE GOING TO END UP AS FAR AS FOUNDATION AID MONEY-WISE?

                                 MS. WEINSTEIN:  SO I DO HAVE AN IDEA; HOWEVER,

                    PART A, WHICH IS THE EDUCATION PIECE, IS NOT PART OF THIS BILL.  IT WILL BE

                    COMING LATER AND WE WILL BE ABLE TO HAVE THAT DISCUSSION LATER.

                                 MR. MURRAY:  AND WE'LL HAVE ALL THE SPECIFICS IN

                    THAT ONE, RIGHT?

                                 MS. WEINSTEIN:  YES.

                                 MR. MURRAY:  OKAY.

                                 MS. WEINSTEIN:  ALL OF EDUCATION WILL BE THERE.

                                         55



                    NYS ASSEMBLY                                                MARCH 29, 2018

                                 MR. MURRAY:  SO I WANT TO STICK TO -- TO EDUCATION

                    AND A COUPLE OF THE GOVERNOR'S PROPOSALS I NOTICED IN THIS PARTICULAR

                    BILL HAVE BEEN OMITTED.  ONE WAS THE ONE REQUIRING SOME OF THE SCHOOL

                    DISTRICTS TO PRESENT AND SUBMIT THEIR BUDGETS TO SED AND GET APPROVAL

                    AND APPROVAL FROM DOB.  IS THAT IN HERE ADDRESSED AT ALL, OR HAS THAT

                    BEEN --

                                 MS. WEINSTEIN:  ALL OF THE EDUCATION PROVISIONS,

                    THAT'S ALL PART A.  THAT WILL BE IN -- IN ANOTHER BILL.

                                 MR. MURRAY:  AND I KNOW WE'RE -- WE'RE -- WE'RE

                    SAYING THAT AS FAR AS THE FUNDING ASPECT, BUT I'M WORRIED MORE ABOUT

                    THE ENACTING LANGUAGE AND -- WITH SOME SPECIFIC PROGRAMS THAT THE

                    GOVERNOR HAS PUT IN.  SO, YOU MIGHT HAVE THE SAME ANSWER EACH TIME,

                    BUT I'M GOING TO ASK JUST SO WE COVER --

                                 MS. WEINSTEIN:  OKAY.

                                 MR. MURRAY:  FOR EXAMPLE, THE CAP ON THE

                    EXPENSE-BASED AID.  IS THERE ANY LANGUAGE IN HERE ADDRESSING THAT OR IS

                    THAT --

                                 MS. WEINSTEIN:  NO.

                                 MR. MURRAY:  OKAY, OKAY.  AND DO WE EXPECT -

                    AND THIS WAS KIND OF WHERE I WAS GOING WITH US - ARE WE EXPECTING TO

                    SEE THAT ONE IN PARTICULAR LATER ON, OR HAVE WE GOTTEN RID OF THAT,

                    HOPEFULLY?

                                 MS. WEINSTEIN:  RIGHT.  THERE ARE STILL SOME

                    ONGOING DISCUSSIONS SO UNTIL ALL OF THOSE ASPECTS ARE -- ARE AGREED TO, I

                    DON'T WANT TO START PICKING AND CHOOSING WHICH ONES TO RELAY NOW.

                                         56



                    NYS ASSEMBLY                                                MARCH 29, 2018

                                 MR. MURRAY:  UNDERSTOOD.  ANY -- ANY LANGUAGE

                    IN THIS PARTICULAR BILL DEALING WITH MANDATE RELIEF?

                                 MS. WEINSTEIN:  NOT -- NOT THAT I -- THAT I'M AWARE

                    OF IN THIS BILL.

                                 MR. MURRAY:  OKAY.  AND, AGAIN, ANY LANGUAGE IN

                    THIS BILL ADDRESSING SCHOOL SAFETY, IN PARTICULAR, EXPANDING MENTAL

                    HEALTH SERVICES FOR SCHOOL DISTRICTS OR GANG PREVENTION AND EDUCATION

                    PROGRAMS?  ANY LANGUAGE IN THERE ABOUT THAT?

                                 MS. WEINSTEIN:  OTHER THAN THE RECOVERY HIGH

                    SCHOOLS IN -- IN PART D, YOU KNOW, AS PART OF -- IN -- OPERATED BY

                    BOCES THERE, MOST OF THOSE ITEMS YOU MENTIONED WILL BE DISCUSSED AT

                    A LATER -- IN A LATER BILL.

                                 MR. MURRAY:  OKAY, GOOD.  AND THEN AS FAR AS

                    FUNDING FOR AND LANGUAGE FOR FUNDING FOR SPECIAL ACT 853 AND 4410

                    SCHOOLS AND THEIR TUITION RATE INCREASE COSTS, DO WE ADDRESS THAT?

                                 MS. WEINSTEIN:  IT'S THE SAME ANSWER - WE WILL IN

                    A LATER BILL.

                                 MR. MURRAY:  OKAY.  AND LANGUAGE TO ESTABLISH A

                    FISCAL STABILIZATION RESERVE FUND FOR THOSE SCHOOLS, AGAIN, LATER?

                                 MS. WEINSTEIN:  YES.

                                 MR. MURRAY:  OKAY.  AND THEN ALSO THE 4201

                    SCHOOLS, LANGUAGE FOR THAT, AS WELL?

                                 MS. WEINSTEIN:  CORRECT.  WE'LL HAVE A DISCUSSION

                    LATER ON.

                                 MR. MURRAY:  OKAY.  AND THE REASON I'M ASKING

                                         57



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    FOR THESE SPECIFICS IS WE WANT TO KNOW IF WE'RE GOING TO IF THEY'RE NOT

                    BEING ADDRESSED SPECIFICALLY HERE, WE WANT TO MAKE SURE THAT WE ARE

                    GOING TO BE --

                                 MS. WEINSTEIN:  YES.

                                 MR. MURRAY:  -- ADDRESSING SOME OF THESE DOWN

                    THE ROAD AND WE'RE HOPING ALSO THAT SOME OF THESE WILL NOT BE DISCUSSED

                    AND, IN FACT, HAVE BEEN ELIMINATED ALL TOGETHER.  BUT I DO WANT TO TOUCH

                    ON ONE THAT I FEAR MAY HAVE BEEN ELIMINATED AND I'M HOPING THAT IT'S

                    NOT, THAT IS THE SCHOOL BUS STOP ARM CAMERA SAFETY PROGRAM.  NOW,

                    THE GOVERNOR HAD IT IN HIS BUDGET, THE SENATE HAD IT IN THEIR BUDGET, WE

                    DID NOT HAVE IT IN OURS.  IS -- I NOTICED IT HAS BEEN OMITTED IN THIS.  ARE

                    WE TAKING THAT UP LATER OR HAS THAT -- HAS THAT BEEN SCRAPPED?

                                 MS. WEINSTEIN:  THAT HAS ACTUALLY INTENTIONALLY

                    BEEN OMITTED FROM HERE AND IS -- WILL NOT BE APPEARING IN A LATER BILL.

                                 MR. MURRAY:  OKAY.  ALL RIGHT.  THANK YOU, MS.

                    WEINSTEIN.

                                 MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MR.

                    MURRAY.

                                 MR. MURRAY:  OKAY.  THAT LAST ISSUE, IN PARTICULAR,

                    IS SOMETHING THAT'S EXTREMELY TROUBLING TO US AND THAT IS THE SCHOOL

                    BUS STOP ARM CAMERA SAFETY PROGRAM.  I BRING THIS UP BECAUSE, AGAIN,

                    THERE HAVE BEEN SEVERAL MEMBERS IN THIS CHAMBER THAT HAVE BEEN

                    PUSHING FOR QUITE SOME TIME TO GET THIS DONE.  WHEN WE SAW THAT IT WAS

                    INCLUDED IN THE GOVERNOR'S BUDGET PROPOSAL AND THE SENATE BUDGET

                                         58



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    PROPOSAL, IT FELT LIKE WE WERE MAKING A LOT OF PROGRESS.  IT IS IMPORTANT.

                    WHEN WE'RE TALKING ABOUT SCHOOL SAFETY, UNDERSTAND -- I UNDERSTAND

                    THAT THAT IS A -- A BIG ISSUE RIGHT NOW, AS IT RIGHTFULLY SHOULD BE, BUT LET'S

                    NOT FORGET THAT WHEN WE'RE TALKING ABOUT SCHOOL SAFETY, WE'RE NOT JUST

                    TALKING IN THE SCHOOL.  WE HAVE TO MAKE SURE THESE KIDS ARE SAFE

                    GETTING TO SCHOOL AND GETTING FROM SCHOOL.

                                 I'M GOING TO GIVE YOU A STATISTIC, AND WHEN I SAY THIS

                    TO SOME PEOPLE THEY ARE SHOCKED AND THEY LOOK AT ME LIKE THIS COULD

                    NOT POSSIBLY BE TRUE, BUT THEN I'LL TELL YOU WHY IT IS.  EVERY SINGLE

                    SCHOOL DAY, ROUGHLY 40- TO 50,000 TIMES EVERY SCHOOL DAY A VEHICLE

                    PASSES A STOPPED SCHOOL BUS IN THE STATE OF NEW YORK.  AND YOU SAY,

                    THERE'S NO WAY THAT COULD BE FROM TRUE.  WELL, LET'S DO THE MATH FOR A

                    SECOND.  ROUGHLY 700 SCHOOL DISTRICTS IN NEW YORK STATE, LET'S SAY FIVE

                    JUST TO BE SAFE, FIVE SCHOOLS IN EACH SCHOOL DISTRICT, COUPLE OF

                    ELEMENTARY SCHOOLS, MAYBE A MIDDLE SCHOOL, HIGH SCHOOL.  WHAT, LET'S

                    BE A LOW END, 10 TO 20 SCHOOL BUSES PER SCHOOL.  LET'S TAKE 10.  WELL,

                    THAT'S 700 SCHOOLS, FIVE PER, THAT'S 3,500, 10 SCHOOL BUSES EACH, THAT'S

                    35,000 SCHOOL BUSES.  IF ONE CAR A DAY PASSES A SCHOOL BUS, THAT'S

                    35,000 RIGHT THERE.

                                 WE DID A PILOT PROGRAM AT LONGWOOD SCHOOL DISTRICT

                    IN MY DISTRICT.  FOR ONE MONTH, WE PUT THE CAMERAS ON THE STOP ARMS

                    AND WE RECORDED THESE JUST TO SEE HOW BAD IT WAS.  WE AVERAGED 1.3

                    PER DAY PER SCHOOL BUS PASSING THE BUS.  IF YOU ADD THAT UP, THAT'S RIGHT.

                    IT EQUALS ABOUT 40- TO 50,000 TIMES A DAY.

                                 AGAIN, WE WERE MAKING REALLY GOOD PROGRESS, OR AT

                                         59



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    LEAST IT FELT LIKE IT AND, UNFORTUNATELY, WE DECIDED TO PULL THIS OUT OF THE

                    BUDGET.  I AM REALLY HOPEFUL THAT THIS IS NOT THE END OF THIS ISSUE BEFORE

                    SESSION ENDS.  AS FAR AS THIS BUDGET BILL GOES, IT'S DISAPPOINTING TO SEE

                    THAT TAKEN OUT, BUT WITH THAT SAID, I THINK WE'VE ALSO DONE SOME GOOD

                    THINGS IN THIS, TOO.  SO, I WILL BE SUPPORTING THIS BILL, BUT I URGE MY

                    COLLEAGUES TO CONTINUE FIGHTING AND PUSHING FOR THIS ALL-IMPORTANT

                    PROGRAM TO KEEP OUR KIDS SAFE COMING TO AND FROM SCHOOL, AS WELL.

                    BUT WITH THAT, I WILL BE SUPPORTING THIS BILL.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  YOU'RE WELCOME, SIR.

                                 MR. RA.

                                 MR. RA:  THANK YOU, MR. SPEAKER.  WILL THE CHAIR

                    YIELD FOR JUST ONE QUESTION?

                                 MS. WEINSTEIN:  YES.

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN

                    YIELDS.

                                 MR. RA:  MR. MURRAY COVERED I KNOW A NUMBER OF

                    THE EDUCATION PROVISIONS THAT WERE PULLED OUT OF THIS.  WHAT ABOUT

                    LIBRARY AID, IS THAT ALSO OMITTED?

                                 MS. WEINSTEIN:  YEAH.  THAT'S NOT IN THIS BILL.

                    THAT WOULD BE IN THE AID TO LOCALITY BILL AND -- AND -- AND CAPITAL BILL,

                    ALSO.

                                 MR. RA:  OKAY.

                                 MS. WEINSTEIN:  I'VE GIVEN A LITTLE HINT.

                                 MR. RA:  OKAY.  THANK YOU.  ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                         60



                    NYS ASSEMBLY                                                MARCH 29, 2018

                                 MR. RA:  JUST TO REITERATE, AND MR. -- MR. MURRAY

                    BROUGHT UP A NUMBER OF THESE THINGS, BUT...  AND I THINK THIS IS

                    SOMETHING WE'VE DONE A COUPLE TIMES IN THE PAST YEARS WHERE WE'VE

                    BROUGHT UP THE ELFA BILL BUT IT WAS REALLY NOT THE ELFA BILL BECAUSE

                    THE "E" WAS PRETTY MUCH TAKEN OUT OF IT.  SO, MAYBE WE CALL IT THE LFA

                    BILL.  SOME PEOPLE SUGGESTED EARLIER THE FAKE ELFA BILL, THE SKINNY

                    ELFA BILL, BUT WHATEVER YOU WANT TO CALL IT, JUST A REMINDER OF THE TYPE

                    OF THINGS THAT ARE IN THAT OMITTED PART A THAT WE ARE BEING ASKED TO VOTE

                    ON THIS BILL WITHOUT KNOWING ULTIMATELY WHAT THEIR FATE IS GOING TO BE.

                                 THERE WERE PROPOSALS IN THE EXECUTIVE BUDGET

                    PROPOSALS, SOME OF WHICH WE WILL BE HAPPY IF WE DON'T SEE AGAIN,

                    SOME OF WHICH WE WILL NOT BE HAPPY IF WE DON'T SEE AGAIN, LIKE MR.

                    MURRAY MENTIONED.  BUT THE TYPE OF THINGS THAT WE'RE GOING TO BE

                    TALKING ABOUT IN ANOTHER BILL EVEN THOUGH THIS IS THE ELFA BILL ARE

                    SUMMER SCHOOL SPECIAL ED, THOSE EXPENSE BASE AID CAPS, UNIVERSAL

                    PRE-K, FOUNDATION AID.  IT REALLY IS JUST NOT THE WAY TO BE DOING A

                    BUDGET AND, UNFORTUNATELY, TOO OFTEN WE -- WE END UP VOTING ON

                    BUDGETS WITHOUT A COMPLETE PICTURE OF -- OF WHAT'S IN AND WHAT'S OUT

                    AND IT MAKES IT VERY DIFFICULT TO MAKE AN INFORMED VOTE ON BEHALF OF

                    THE PEOPLE WE -- WE REPRESENT.

                                 SO, I -- I THANK THE CHAIR FOR -- FOR DOING HER BEST TO

                    ANSWER SOME OF THESE QUESTIONS ABOUT WHAT WE MAY SEE LATER AND WHAT

                    WE MAY NOT, BUT IT REALLY IS NOT A TRANSPARENT WAY OF DOING THINGS AND I

                    CAN'T SAY I'M SURPRISED, BUT I'M DISAPPOINTED.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                         61



                    NYS ASSEMBLY                                                MARCH 29, 2018

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  SORRY, MR. GOODELL.

                    SORRY TO GET YOU EXCITED.

                                 MR. GOODELL.

                                 MR. GOODELL:  YOU KNOW --

                                 ACTING SPEAKER AUBRY:  AH, AH, AH.  SHH.

                                 MR. GOODELL.

                                 MR. GOODELL:  I DIDN'T HAVE ANY CONSTITUTIONAL

                    QUESTIONS.

                                 (LAUGHTER)

                                 BUT I DID HAVE A COUPLE OF QUESTIONS ABOUT FOOD.  IF

                    THE SPONSOR WOULD YIELD.

                                 MS. WEINSTEIN:  YES, I'D BE HAPPY TO.

                                 ACTING SPEAKER AUBRY:  THE GENTLELADY

                    YIELDS.

                                 MR. GOODELL:  THANK YOU VERY MUCH, AND I

                    THOUGHT THAT APPLAUSE INITIALLY WAS FOR ME STANDING UP.  APPARENTLY I

                    WAS MISTAKEN.

                                 (LAUGHTER)

                                 THANK YOU, MS. WEINSTEIN.  I NOTE THERE'S A SECTION,

                    PART B, DEALING WITH SCHOOL LUNCHES.

                                 MS. WEINSTEIN:  YES.

                                 MR. GOODELL:  AND I WANT TO TALK A LITTLE BIT ABOUT

                    THE COST OF THAT.  OBVIOUSLY, THIS IS ARTICLE VII LANGUAGE, NOT

                    APPROPRIATION LANGUAGE.  THERE IS A REQUIREMENT THAT UNDER THIS

                                         62



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    LANGUAGE THAT SCHOOLS PROVIDE EVERY STUDENT WITH A LUNCH WHETHER OR

                    NOT THE STUDENT PAYS FOR IT, REGARDLESS OF THE STUDENT'S INCOME OR THEIR

                    FAMILY'S INCOME.  IS THERE AN ANTICIPATED APPROPRIATION TO PAY FOR THAT

                    ADDITIONAL COST TO SCHOOL DISTRICTS?

                                 MS. WEINSTEIN:  RIGHT.  NO, THERE IS NOT.  THAT'S

                    THE -- THE BREAKFAST -- YOU'RE TALKING ABOUT THE SCHOOL SHAMING?

                                 MR. GOODELL:  NO.  I'M TALKING ABOUT -- WELL, IT

                    SAYS STARTING ON PAGE 3, LINE 20, THAT'S THE REQUIREMENT THAT THEY -- THAT

                    ANY STUDENT CAN HAVE LUNCH REGARDLESS OF WHETHER THEY PAY FOR IT.

                                 MS. WEINSTEIN:  YEAH.  YES, YEAH, THE MEALS --

                    YES.

                                 MR. GOODELL:  DO YOU HAVE AN ESTIMATED COST OF

                    PROVIDING LUNCH TO EVERY STUDENT WHETHER OR NOT THEY WANT TO PAY FOR

                    IT?

                                 MS. WEINSTEIN:  RIGHT.  YOU KNOW, I THINK THAT,

                    YOU KNOW, THIS CONCEPT AND THE TITLE ON PAGE 3 IS THE PROHIBITION

                    AGAINST MEAL SHAMING.  IT REALLY RELATES TO NOT GOING AFTER -- GOING AFTER

                    THE CHILD, POINTING OUT THAT THEIR PARENT HASN'T PAID FOR THEIR LUNCH OR IS

                    -- OR IS IN DEFAULT ON A PAYMENT, NOT REQUIRING THEM TO WEAR WRISTBANDS

                    OR ANYTHING LIKE THAT.

                                 MR. GOODELL:  AND JUST TO BE CLEAR, I'M 100

                    PERCENT SUPPORTIVE OF THE PROHIBITIONS AGAINST LUNCH SHAMING

                    CONTAINED ON PAGE 4, YOU KNOW, THAT GO FROM ONE -- LINE ONE THROUGH

                    19.  MY QUESTION TALKS ABOUT -- I WANT TO TALK A LITTLE BIT ABOUT THE

                    FINANCES, IF I MAY.

                                         63



                    NYS ASSEMBLY                                                MARCH 29, 2018

                                 MS. WEINSTEIN:  RIGHT.  NO, SURE.

                                 MR. GOODELL:  SO AS PART OF THIS PROCESS, IT SAYS

                    THAT NO STUDENT WILL BE TREATED DIFFERENTLY THAN ANY OTHER STUDENT.  AND

                    THEN THAT GOES ON, I BELIEVE ON LINE 20 IF I READ IT CORRECTLY, THAT EVERY

                    STUDENT REGARDLESS OF THEIR PARENT'S ABILITY TO PAY, REGARDLESS OF WHETHER

                    THEIR PARENTS ACTUALLY PAID FOR ANY LUNCH IS ENTITLED TO HAVE LUNCH

                    PROVIDED BY THE SCHOOL, RIGHT?

                                 MS. WEINSTEIN:  YES.

                                 MR. GOODELL:  AND WHAT IS THE COST TO OUR SCHOOL

                    DISTRICTS IF -- OF RUNNING THE SCHOOL LUNCH PROGRAM IF NOBODY PAYS FOR

                    IT?  WHAT IS THE TOTAL COST?

                                 MS. WEINSTEIN:  RIGHT.  WELL, YOU KNOW, WE'RE

                    ANTICIPATING THAT THESE ARE -- THAT THE SCHOOL DISTRICTS WILL THEN WORK --

                    THE INDIVIDUAL SCHOOLS WILL WORK WITH THE PARENTS TO, IN FACT, GET THE --

                    ULTIMATELY GET THOSE PAYMENTS, BUT THE POINT OF THIS IS TO NOT GO AFTER

                    THE KIDS, NOT TO EMBARRASS THEM.

                                 MR. GOODELL:  I UNDERSTAND THAT.  MY QUESTION IS

                    DO WE KNOW THE COST OF RUNNING THE SCHOOL LUNCH PROGRAM?

                                 MS. WEINSTEIN:  NO. NO.

                                 MR. GOODELL:  DO WE KNOW THE COST OF PROVIDING

                    A SCHOOL LUNCH, AN INDIVIDUAL SCHOOL LUNCH, BECAUSE THEN WE'D JUST

                    MULTIPLY IT BY THE NUMBER OF STUDENTS.  DO WE KNOW, IS IT A COUPLE

                    DOLLARS, $2 OR $3, $4, $5?

                                 MS. WEINSTEIN:  NO, I -- I DON'T KNOW THAT

                    INFORMATION.

                                         64



                    NYS ASSEMBLY                                                MARCH 29, 2018

                                 MR. GOODELL:  DO WE -- AND WE DON'T PROVIDE ANY

                    FUNDING.  WE ALSO, THOUGH, PROVIDE THAT WE DON'T ALLOW A SCHOOL

                    DISTRICT TO HIRE A DEBT COLLECTOR TO GO AFTER THE PARENTS, CORRECT?  THAT'S

                    EXPRESSLY PROHIBITED UNDER THIS BILL?

                                 MS. WEINSTEIN:  YES.  WELL, FIRST LET ME SAY THAT

                    THE LUNCH THAT'S -- THAT'S REQUIRED TO BE PROVIDED IS REIMBURSABLE LUNCH.

                                 MR. GOODELL:  BUT NOT ALL LUNCHES ARE

                    REIMBURSABLE, RIGHT?  I MEAN, IF YOU'RE FROM A WEALTHY FAMILY YOU

                    MAYBE GET SOME STATE AID, BUT THERE'S AN INDIVIDUAL SHARE THAT THE

                    FAMILY IS EXPECTED TO PROVIDE, RIGHT?

                                 MS. WEINSTEIN:  NO, IN FACT THERE ARE -- THE

                    SCHOOLS GET -- GET PAYMENTS FOR ALL STUDENTS.  IT'S DIFFERENT LEVELS OF

                    PAYMENT BUT THERE ARE -- WHETHER.

                                 MR. GOODELL:  SO FOR --

                                 MS. WEINSTEIN: -- IT'S SOMEONE WHO IS A PARENT

                    THAT IS PAYING A FULL AMOUNT FOR THEIR CHILD OR IF IT'S A REDUCED, A

                    REDUCED LUNCH --

                                 MR. GOODELL:  SO --

                                 MS. WEINSTEIN:  REDUCED FEE LUNCH.  SO THAT THE

                    MEAL THAT IS REQUIRED TO BE PROVIDED UNDER THIS IS ONE THAT IS A

                    REIMBURSABLE LUNCH, NOT AN  LA CARTE.

                                 MR. GOODELL:  WELL, ACTUALLY THIS APPLIES TO ALL

                    STUDENTS.  NOT JUST THOSE WHO ARE GETTING REIMBURSABLE LUNCHES, RIGHT?

                                 MS. WEINSTEIN:  RIGHT.

                                 MR. GOODELL:  IT SAYS "ALL STUDENTS --

                                         65



                    NYS ASSEMBLY                                                MARCH 29, 2018

                                 MS. WEINSTEIN:  RIGHT.

                                 MR. GOODELL:  -- "ARE ENTITLED TO HAVE A LUNCH

                    WHETHER OR NOT THEIR PARENTS PAY ANYTHING FOR THE COST OF THAT LUNCH."

                    THAT'S WHAT THIS PROVIDES, CORRECT?

                                 MS. WEINSTEIN:  RIGHT, BUT EVERY LUNCH IS

                    REIMBURSABLE.

                                 MR. GOODELL:  AT SOME LEVEL.

                                 MS. WEINSTEIN:  AT SOME LEVEL.

                                 MR. GOODELL:  OKAY.

                                 MS. WEINSTEIN:  TO THE SCHOOL DISTRICT.

                                 MR. GOODELL:  SO, LET ME JUST FOCUS, IF I CAN, ON

                    WEALTHY PARENTS AND WEALTHY KIDS, JUST FOR A MOMENT.  LET'S SAY A

                    WEALTHY PARENT SAYS I'M JUST NOT GOING TO PAY FOR YOUR LUNCH.  THIS

                    REQUIRES THE SCHOOL TO PROVIDE THE LUNCH.  IT ALSO GOES ON THEN IF I'M NOT

                    MISTAKEN ON PAGE 4, LINE 12, 13 AND 14 TO MAKE IT ILLEGAL, ILLEGAL FOR

                    THE SCHOOL TO HIRE SOMEONE TO TRY TO COLLECT THAT DEBT.  WHY DON'T WE

                    WANT SCHOOLS TO BE ABLE TO COLLECT THE DEBT FROM WEALTHY PARENTS FOR

                    THE COST OF PROVIDING THEIR KIDS WITH A LUNCH.

                                 MS. WEINSTEIN:  WELL, YOU KNOW, AS YOU READ

                    THERE, WE'RE SAYING THAT THEY CAN ATTEMPT TO COLLECT THE UNPAID SCHOOL

                    MEAL FEES, RIGHT?

                                 MR. GOODELL:  AND IT SAYS --

                                 MS. WEINSTEIN:  CAN'T USE A DEBT COLLECTOR, AND IF

                    YOU LOOK AT A LITTLE FURTHER DOWN AS YOU LOOK AT LINES 19 THROUGH 21, IT

                    CLEARLY IT SAYS - AND SOME OF THE INFORMATION NEEDS TO BE GIVEN TO THE

                                         66



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    PARENTS - CLEAR EXPLANATION OF PROCEDURE TO HANDLE UNPAID MEAL

                    CHARGES.  THEN NOTHING IN THE SECTION IS INTENDED TO ALLOW FOR THE

                    UNLIMITED ACCRUAL OF -- OF DEBT.

                                 MR. GOODELL:  WELL, I APPRECIATE THAT BUT, WE

                    EXPRESSLY PROHIBIT A SCHOOL FROM HIRING A DEBT COLLECTOR TO COLLECT

                    UNPAID SCHOOL LUNCH BILLS FROM WEALTHY PARENTS, CORRECT?  I MEAN ISN'T

                    THAT WHAT IT SAYS ON LINE 14, "BUT SHALL NOT USE A DEBT COLLECTOR."

                                 MS. WEINSTEIN:  YES.

                                 MR. GOODELL:  OKAY.  AND THIS ALSO SAYS THAT IF A

                    SCHOOL DISTRICT HAS TO SUE A WEALTHY PARENT FOR REIMBURSEMENT, THE

                    SCHOOL'S NOT ENTITLED TO CHARGE INTEREST OR FEES.  DOES THAT MEAN IF THEY

                    BRING A SMALL CLAIMS ACTION, AS AN EXAMPLE, AND, YOU KNOW, THIS COULD

                    BE A SUBSTANTIAL AMOUNT OF MONEY IF YOU HAVE A LOT OF STUDENTS AND YOU

                    HAVE 180 DAYS OF SCHOOL, THEY ARE NOT ENTITLED TO GET STATUTORY INTEREST

                    ON THE DEBT?

                                 MS. WEINSTEIN:  WE DON'T REALLY THINK SCHOOLS ARE

                    CURRENTLY DOING THAT AND --

                                 MR. GOODELL:  BUT THIS BILL PROHIBITS THAT, RIGHT?

                    THAT SAYS CANNOT CHARGE ANY INTEREST OR FEES, LINE 37 ON PAGE 3,

                    CORRECT?

                                 MS. WEINSTEIN:  RIGHT.

                                 MR. GOODELL:  NOW IT ALSO SAYS THAT SCHOOLS THAT

                    MEET CERTAIN CRITERIA HAVE TO PROVIDE A BREAKFAST AS WELL AS LUNCH.

                                 MS. WEINSTEIN:  YES.

                                 MR. GOODELL:  RIGHT?  AND LIKEWISE THERE'S NO

                                         67



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    CHARGE REGARDLESS OF THE WEALTH OF THE PARENTS FOR THE BREAKFAST,

                    CORRECT?

                                 MS. WEINSTEIN:  RIGHT.  YOU'RE REALLY JUST TALKING

                    ABOUT -- YOU'RE TALKING ABOUT STUDENTS THAT AREN'T ELIGIBLE FOR, YOU

                    KNOW, FREE LUNCH PROGRAM, RIGHT?

                                 MR. GOODELL:  WELL, ACTUALLY IF THE SCHOOL HAS A

                    70 PERCENT THRESHOLD --

                                 MS. WEINSTEIN:  THEN EVERYBODY'S ENTITLED,

                    CORRECT.

                                 MR. GOODELL:  THEN 100 PERCENT OF THE STUDENTS

                    ARE ELIGIBLE FOR FREE BREAKFAST.

                                 MS. WEINSTEIN:  RIGHT.  SO YOU'RE TALKING ABOUT

                    SCHOOLS OUT OF THAT CATEGORY I ASSUME.

                                 MR. GOODELL:  RIGHT.  SO FOR THOSE 30 PERCENT THAT

                    ARE NOT ELIGIBLE FOR REIMBURSEMENT BECAUSE IT'S A 70 PERCENT THRESHOLD,

                    THERE COULD BE 30 PERCENT THAT AREN'T.  ALL THE PROVISIONS AGAINST

                    CHARGING AND BILL COLLECTING AND GETTING INTEREST OR PENALTIES FOR THAT

                    WOULD APPLY TO BREAKFAST AS WELL AS LUNCH?

                                 MS. WEINSTEIN:  WELL, THOSE 30 -- IF THE SCHOOL HAS

                    70 PERCENT OR MORE OF FREE LUNCH THE ENTIRE -- ALL STUDENTS WHO ATTEND

                    THAT SCHOOL ARE ELIGIBLE FOR THE SUBSIDIZED LUNCHES.  SO THAT -- SO THAT --

                    THAT -- THOSE GROUPS OF STUDENTS, THOSE SCHOOLS ARE EXCLUDED FROM THESE

                    PROVISIONS BECAUSE THERE ARE NO CHARGES TO THOSE PARENTS.

                                 MR. GOODELL:  OKAY.  AND I NOTE THAT THE

                    BREAKFAST IS PROVIDED AFTER THE BELL.  IS THERE A REASON WHY WE DON'T

                                         68



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    REQUIRE STUDENTS WHO ARE GETTING A FREE BREAKFAST TO HAVE THE BREAKFAST

                    BEFORE SCHOOL RATHER THAN DURING SCHOOL SO THAT THEY CAN CONCENTRATE ON

                    THEIR STUDIES DURING SCHOOL TIME?

                                 MS. WEINSTEIN:  WELL, IT'S JUST THAT THERE ARE SOME

                    STUDENTS THAT BECAUSE OF, YOU KNOW, REASONS WITH THEIR PARENTS BEING

                    ABLE TO GET TO THE -- BY THE TIME THEY GET TO THE SCHOOL THAT THEY'RE NOT

                    ABLE TO GET TO SCHOOL BEFORE THE BELL TO HAVE THEIR BREAKFAST SO WE ALLOW

                    THE BREAKFAST AFTER THE BELL PROGRAM.  SO, IN FACT, THEY'LL HAVE SOME

                    NUTRITION TO BE ABLE TO GO THROUGH THOSE STUDIES.

                                 MR. GOODELL:  SO IT'S YOUR POINT THAT THESE --

                    WE'RE TRYING TO ADDRESS PARENTS WHO NOT ONLY DON'T FEED THEIR KIDS

                    BREAKFAST BUT CAN'T GET THEIR SCHOOL -- KIDS TO SCHOOL IN TIME TO HAVE A

                    BREAKFAST BEFORE SCHOOL; IS THAT YOUR POINT?

                                 MS. WEINSTEIN:  I -- I'M NOT SURE THAT YOU REALLY

                    WANT -- YOU REALLY WANT AN ANSWER TO THAT?

                                 MR. GOODELL:  I'M NOT SURE --

                                 MS. WEINSTEIN:  THERE'S MANY PARENTS WHO --

                    THERE'S MANY SINGLE, SINGLE MOTHERS AND PARTICULARLY MANY PARENTS WHO

                    STRUGGLE TO -- TO GET THEIR CHILDREN TO SCHOOL.  THEY MAY BE ATTENDING

                    MULTIPLE SCHOOLS, HAVE TRANSPORTATION DIFFICULTIES AND THERE'S LOTS OF

                    REASONS WHY, THEIR EMPLOYMENT SCHEDULE MIGHT NOT ALLOW THEM TO

                    BRING THEIR -- TO HAVE THEIR CHILD GET TO SCHOOL ON TIME.

                                 MR. GOODELL:  THIS BILL MAKES IT CLEAR THOUGH THAT

                    YOU GET EDUCATIONAL CREDIT IF YOU'RE EATING BREAKFAST IN THE CLASSROOM

                    AS OPPOSED TO A CAFETERIA; IS THAT CORRECT?

                                         69



                    NYS ASSEMBLY                                                MARCH 29, 2018

                                 MS. WEINSTEIN:  IF -- IF THERE'S INSTRUCTION GOING

                    ON, NOT, YOU KNOW, JUST A BIG BREAKFAST FOR EVERYONE BUT IF THERE'S AN

                    INDIVIDUAL CHILD, CHILDREN WHO ARE HAVING THEIR MEAL AT THEIR DESK --

                                 MR. GOODELL:  WELL, ALL THE KIDS WOULD BE HAVING

                    BREAKFAST SO ALL THE KIDS HAVE BREAKFAST AS LONG AS THEY ALL HAVE

                    BREAKFAST DURING CLASS THEN IT'S CONSIDERED CLASS TIME AND THEY GET

                    EDUCATIONAL CREDIT FOR THAT?

                                 MS. WEINSTEIN:  YOU KNOW, MY UNDERSTANDING IS,

                    YOU KNOW, WHILE THEY'RE, YOU KNOW, CERTAINLY ARE MANY STUDENTS THAT

                    ARE HAVING BREAKFAST BEFORE THE FIRST EDUCATIONAL PROGRAM BEGINS.

                    THERE ARE SCHOOLS IN FACT CURRENTLY DOING THIS AND AMAZINGLY CHILDREN

                    CAN CHEW AND LEARN AT THE SAME TIME.

                                 (LAUGHTER)

                                 MR. GOODELL:  AND I WOULD CERTAINLY HOPE SO AND

                    NOT ONLY CHEW AND LEARN BUT CHEW AND WALK AND THOSE OTHER FACTORS WE

                    LOOK FOR.  NOW, OF COURSE, MOST SCHOOLS WHO SERVE FOOD HAVE A

                    CAFETERIA AND IS THERE ANY ADDITIONAL APPROPRIATION IN THIS BILL OR DO YOU

                    ANTICIPATE ANY ADDITIONAL APPROPRIATION FOR COVERING ADDITIONAL

                    CLEANING COSTS FOR HAVING ALL THE KIDS EAT NOT IN THE CAFETERIA, BUT IN ALL

                    THE CLASSROOMS?

                                 MS. WEINSTEIN:  THERE -- THERE IS $7 MILLION FOR

                    SOME CAPITAL -- CAPITAL MONEY AVAILABLE TO -- TO HELP IMPLEMENT THIS

                    PROGRAM IN THE SCHOOLS.

                                 MR. GOODELL:  THANK YOU VERY MUCH, MS.

                    WEINSTEIN.  I APPRECIATE THE ANSWERS.

                                         70



                    NYS ASSEMBLY                                                MARCH 29, 2018

                                 ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MR.

                    GOODELL.

                                 MR. GOODELL:  I THINK EVERYONE HERE IN THIS ROOM

                    SUPPORTS THE PROVISIONS OF THIS BILL DESIGNED TO PREVENT SHAMING, LUNCH

                    SHAMING.  I THINK WE'RE ALL THERE.  AND I THINK ALL OF US IN THIS ROOM

                    WOULD HOPE AND DESIRE THAT OUR KIDS HAVE NUTRITIOUS MEALS, HOPEFULLY

                    BEFORE SCHOOL, BUT CERTAINLY DURING LUNCH HOUR.  WE'RE ALL THERE.  BUT AT

                    THE SAME TIME, WE ARE ALL VERY MUCH SENSITIVE ABOUT IMPOSING

                    UNFUNDED MANDATES ON OUR SCHOOL DISTRICTS.  SO WE GIVE THEM A TAX

                    CAP.  AND THEN WE TURN AROUND AND SAY, OH, BY THE WAY, FOR THOSE

                    STUDENTS WHOSE PARENTS ARE RESPONSIBLE FOR THE FULL COST OF LUNCH, YOU

                    CAN NO LONGER -- YOU MUST CONTINUE TO SERVE THEM WHETHER THEY PAY OR

                    NOT, NUMBER ONE.  NUMBER TWO, YOU CAN'T CHARGE -- HIRE SOMEONE TO

                    COLLECT THE DEBT, WHICH MEANS IT'S NOW BORNE BY THE SCHOOL TAXPAYERS,

                    ANOTHER UNFUNDED MANDATE, AND NUMBER THREE, IF YOU DO PURSUE THEM

                    AND YOU GET A JUDGMENT, FOR EXAMPLE, IN SMALL CLAIMS WHICH IS

                    ENTIRELY POSSIBLE IF YOU HAVE MULTIPLE KIDS THE SCHOOL MIGHT WANT TO DO

                    THAT, 180 DAYS, I DON'T KNOW WHAT THE COST OF THE SCHOOL LUNCH IS TODAY,

                    I'M FORTUNATELY OUTSIDE THAT AGE CATEGORY.  BUT YOU COULD BE TALKING

                    SIGNIFICANT MONEY AND THIS BILL MAKES IT ILLEGAL FOR THE SCHOOL TO RECOUP

                    ITS COLLECTION COST OR INTEREST OR OVERHEAD.

                                 NOW, LOOK.  WE HAVE GREAT IDEAS ABOUT MAKING SURE

                    KIDS EAT, THAT'S A GREAT IDEA, ABSOLUTELY IN ACCORD ON THIS LUNCH

                    SHAMING, WE'RE THERE, BUT WE DON'T NEED TO USE THE STATE BUDGET

                                         71



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    PROCESS TO IMPOSE HUNDREDS OF THOUSANDS OF DOLLARS OF UNFUNDED

                    MANDATES ON SCHOOLS.  IF WE WANT THE SCHOOLS TO HAVE ALL THE KIDS

                    EATING IN CLASSROOMS RATHER THAN THE CAFETERIA, FINE.  WE SHOULD FUND IT

                    SO THAT THEY HAVE THE MAINTENANCE STAFF TO CLEAN UP AFTER THESE KIDS.  IF

                    WE WANT ALL THE KIDS REGARDLESS OF THEIR PARENTS' INCOME, THE WEALTHY

                    KIDS TO BE ABLE TO HAVE FREE LUNCHES OR FREE BREAKFAST, GREAT.  WE

                    SHOULD FUND IT.  WE SHOULDN'T PASS IT ON TO OUR LOCAL TAXPAYERS WHILE

                    THEY'RE STRUGGLING TO STAY WITHIN THE CAP AND WE'RE NOT PROVIDING THE

                    FUNDING FOR THEM TO DO IT.

                                 THANK YOU, MR. SPEAKER.

                                 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. BARRON TO EXPLAIN HIS VOTE.

                                 MR. BARRON:  YES.  I RISE, MR. SPEAKER, TO EXPLAIN

                    MY VOTE ON THIS ONE.  MOST OF THE BILLS TONIGHT I WILL BE VOTING AGAINST

                    FOR THE THINGS THAT WERE LEFT OUT.  IN THIS BILL IS THE EXCELSIOR

                    SCHOLARSHIP FOR MIDDLE-CLASS STUDENTS IN CUNY AND SUNY.  THEY WILL

                    BE TAKEN CARE OF, BUT WHEN IT CAME TO THE MARTIN LUTHER KING

                    SCHOLARSHIP FOR THOSE STUDENTS WHO ARE RECEIVING THEIR FULL TAP PAID

                    TUITION, BUT NEEDED MONEY FOR NON-TUITION COSTS LIKE TEXTBOOKS, FOOD,

                    TRANSPORTATION, HOUSING, THAT'S LEFT OUT OF HERE.  SO WHEN IT COMES TO

                    OUR BLACK AND BROWN STUDENTS STRUGGLING AND TRYING TO GET STUFF, IT'S LEFT

                                         72



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    OUT.  BUT THE MIDDLE-CLASS STUDENTS IN THE EXCELSIOR SCHOLARSHIP IS

                    INCLUDED.  THEY SAID THEY DIDN'T HAVE $20 MILLION, BUT THEY HAD $124

                    MILLION FOR EXCELSIOR.  FOR THAT REASON, I KNOW YOU'RE GOING TO PASS THIS

                    AND I KNOW OUR CHILDREN WILL GET THEIR BREAKFAST, BUT THIS IS A PROTEST

                    VOTE FOR LEAVING OUT THE MARTIN LUTHER KING SCHOLARSHIP FOR THOSE

                    STRUGGLING STUDENTS WHO NEED TO PAY NON-TUITION COSTS WHICH ADDS UP

                    MORE THAN THE TUITION ITSELF.  FOR THAT REASON, I'M VOTING AGAINST THIS

                    BILL.

                                 ACTING SPEAKER AUBRY:  MR. BARRON IN THE

                    NEGATIVE.

                                 MR. SANTABARBARA.

                                 MR. SANTABARBARA:  THANK YOU, MR. SPEAKER.

                    I'M PLEASED TO SUPPORT THE HOMES FOR -- HOMES FOR HEROS PROGRAM IN

                    THIS BILL THAT HELPS SENIOR AND DISABLED VETERANS LIVE INDEPENDENTLY.

                    NEW YORK STATE IS PROUDLY HOME TO ONE OF THE LARGEST VETERANS

                    POPULATIONS IN THE COUNTRY, WITH OVER 900,000 VETERANS RESIDING IN THE

                    EMPIRE STATE.  FAR TOO MANY ARE LEFT WITH PHYSICAL CHALLENGE,

                    CHALLENGES BROUGHT ON BY THEIR SERVICE PROTECTING OUR COUNTRY AND THE

                    FREEDOMS WE HOLD SO DEAR.  AND WE ALSO HAVE AN AGING POPULATION OF

                    WORLD WAR II, KOREAN WAR, VIETNAM NAM WAR VETERANS WHO ARE IN

                    NEED OF WHEELCHAIR RAMPS AND OTHER PHYSICAL CHANGES TO THEIR HOMES.

                                 WITH THIS PROGRAM, GRANT FUNDING WILL BE PROVIDED TO

                    OUR VETERANS TO HELP RETROFIT THESE HOMES HELPING OUR VETERANS LIVE

                    SAFELY AND COMFORTABLY.  WHILE NO ONE COULD EVER SAY THANK YOU

                    ENOUGH, THIS INITIATIVE WILL OFFER OUR SUPPORT TO HELP OUR VETERAN

                                         73



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    POPULATION HERE IN NEW YORK LIVE INDEPENDENTLY AND IN THEIR OWN

                    COMMUNITIES.  HAVING SERVED IN THE ARMY RESERVE AND NOW ON THE

                    STATE ASSEMBLY'S VETERANS COMMITTEE, THIS IS SOMETHING I'M VERY

                    PROUD TO BE A PART OF AND I CAST MY VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. SANTABARBARA IN

                    THE AFFIRMATIVE.

                                 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

                    YOU CALL ON FIRST MR. OTIS AND THEN MR. CROUCH FOR ANNOUNCEMENTS?

                                 ACTING SPEAKER AUBRY:  MR. OTIS FOR THE

                    PURPOSES OF AN ANNOUNCEMENT, SIR.

                                 MR. OTIS:  GOOD MORNING, FRIENDS.

                                 (LAUGHTER)

                                 THERE -- THERE WILL BE AN IMMEDIATE MEETING OF THE

                    DEMOCRATIC CONFERENCE.

                                 ACTING SPEAKER AUBRY:  DEMOCRATIC

                    CONFERENCE, SPEAKER'S CONFERENCE ROOM.

                                 AND MR. CROUCH.

                                 MR. CROUCH:  THANK YOU, MR. SPEAKER.  THERE WILL

                    BE AN IMMEDIATE REPUBLICAN CONFERENCE IN THE PARLOR.

                                 ACTING SPEAKER AUBRY:  IMMEDIATE

                    REPUBLICAN CONFERENCE IN THE PARLOR.

                                         74



                    NYS ASSEMBLY                                                MARCH 29, 2018

                                 MR. MORELLE.

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

                    THE HOUSE STAND AT EASE UNTIL THE CONCLUSION OF PARTY CONFERENCES.

                                 ACTING SPEAKER AUBRY:  THE HOUSE WILL STAND

                    AT EASE.

                                 (WHEREUPON, THE HOUSE STOOD AT EASE.)

                                 ACTING SPEAKER AUBRY:  THE HOUSE WILL COME

                    TO ORDER.

                                 MR. MORELLE.

                                 MR. MORELLE:  THANK YOU, MR. SPEAKER.

                    MEMBERS HAVE ON THEIR DESKS A B-CALENDAR.  I NOW MOVE TO ADVANCE

                    THE B-CALENDAR.

                                 ACTING SPEAKER AUBRY:  ON MR. MORELLE'S

                    MOTION, THE B-CALENDAR IS ADVANCED.

                                 MR. MORELLE.

                                 MR. MORELLE:  YES, SIR.  IF WE COULD GO DIRECTLY TO

                    IT AND TAKE UP RULES REPORT NO. 20, A BUDGET BILL, FOUND ON PAGE 3 OF

                    THE B-CALENDAR.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A09508-C, RULES

                    REPORT NO. 20, BUDGET BILL.  AN ACT TO AMEND THE VEHICLE AND TRAFFIC

                    LAW, IN RELATION TO ENHANCING THE ABILITY OF THE STATE TO ENFORCE STATE

                    AND FEDERAL LAW RELATING TO MOTOR CARRIERS, COMMERCIAL DRIVERS AND BUS

                    OPERATORS (PART A); INTENTIONALLY OMITTED (PART B); TO AMEND THE

                    TRANSPORTATION LAW, IN RELATION TO ENHANCING THE ABILITY OF THE STATE TO

                                         75



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    ENFORCE STATE AND FEDERAL LAW RELATING TO THE SAFETY OF RAIL FIXED

                    GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS UNDER THE OVERSIGHT OF THE

                    PUBLIC TRANSPORTATION SAFETY BOARD (PART C); INTENTIONALLY OMITTED

                    (PART D); INTENTIONALLY OMITTED (PART E); INTENTIONALLY OMITTED (PART F);

                    INTENTIONALLY OMITTED (PART G); TO AMEND PART FF OF CHAPTER 55 OF THE

                    LAWS OF 2017 RELATING TO MOTOR VEHICLES EQUIPPED WITH AUTONOMOUS

                    VEHICLE TECHNOLOGY, IN RELATION TO THE SUBMISSION OF REPORTS; AND IN

                    RELATION TO EXTENDING THE EFFECTIVENESS THEREOF (PART H); TO AMEND THE

                    VEHICLE AND TRAFFIC LAW AND THE STATE FINANCE LAW, IN RELATION TO

                    CERTAIN FINES IN THE CITY OF NEW YORK (PART I); INTENTIONALLY OMITTED

                    (PART J); INTENTIONALLY OMITTED (PART K); INTENTIONALLY OMITTED (PART L);

                    INTENTIONALLY OMITTED (PART M); INTENTIONALLY OMITTED (PART N); TO

                    AMEND THE NEW YORK STATE URBAN DEVELOPMENT CORPORATION ACT, IN

                    RELATION TO EXTENDING CERTAIN PROVISIONS RELATING TO THE EMPIRE STATE

                    ECONOMIC DEVELOPMENT FUND (PART O); TO AMEND THE CHAPTER 393 OF

                    THE LAWS OF 1994, AMENDING THE NEW YORK STATE URBAN DEVELOPMENT

                    CORPORATION ACT, RELATING TO THE POWERS OF THE NEW YORK STATE URBAN

                    DEVELOPMENT CORPORATION TO MAKE LOANS, IN RELATION TO THE

                    EFFECTIVENESS THEREOF (PART P); INTENTIONALLY OMITTED (PART Q);

                    INTENTIONALLY OMITTED (PART R); TO AMEND CHAPTER 21 OF THE LAWS OF

                    2003, AMENDING THE EXECUTIVE LAW RELATING TO PERMITTING THE

                    SECRETARY OF STATE TO PROVIDE SPECIAL HANDLING FOR ALL DOCUMENTS FILED

                    OR ISSUED BY THE DIVISION OF CORPORATIONS AND TO PERMIT ADDITIONAL

                    LEVELS OF SUCH EXPEDITED SERVICE, IN RELATION TO EXTENDING THE EXPIRATION

                    DATE THEREOF (PART S); INTENTIONALLY OMITTED (PART T); TO AMEND THE

                                         76



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    GENERAL MUNICIPAL LAW, IN RELATION TO BROWNFIELD OPPORTUNITY AREAS

                    (PART U); TO REPEAL SECTION 159-J OF THE EXECUTIVE LAW, RELATING TO THE

                    LOCAL SHARE REQUIREMENT FOR PROVIDERS UNDER THE FEDERAL COMMUNITY

                    SERVICES BLOCK GRANT PROGRAM (PART V); PROHIBITING THE DENIAL,

                    SUSPENSION OR REVOCATION OF PROFESSIONAL LICENSES FOR FAILURE TO PAY

                    STUDENT LOANS (PART W); TO AMEND CHAPTER 584 OF THE LAWS OF 2011,

                    AMENDING THE PUBLIC AUTHORITIES LAW RELATING TO THE POWERS AND DUTIES

                    OF THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK RELATIVE TO THE

                    ESTABLISHMENT OF SUBSIDIARIES FOR CERTAIN PURPOSES, IN RELATION TO THE

                    EFFECTIVENESS THEREOF (PART X); TO AMEND PART S OF CHAPTER 58 OF THE

                    LAWS OF 2016, AMENDING THE NEW YORK STATE URBAN DEVELOPMENT

                    CORPORATION ACT RELATING TO TRANSFERRING THE STATUTORY AUTHORITY FOR THE

                    PROMULGATION OF MARKETING ORDERS FROM THE DEPARTMENT OF AGRICULTURE

                    AND MARKETS TO THE NEW YORK STATE URBAN DEVELOPMENT CORPORATION,

                    IN RELATION TO THE EFFECTIVENESS THEREOF (PART Y); INTENTIONALLY OMITTED

                    (PART Z); TO AMEND THE STATE FINANCE LAW AND THE ENVIRONMENTAL

                    CONSERVATION LAW, IN RELATION TO THE ENVIRONMENTAL PROTECTION FUND,

                    THE HAZARDOUS WASTE REMEDIAL FUND AND THE MITIGATION AND

                    REMEDIATION OF SOLID WASTE SITES; AND TO REPEAL CERTAIN PROVISIONS OF

                    THE STATE FINANCE LAW AND THE ENVIRONMENTAL CONSERVATION LAW

                    RELATING THERETO (PART AA); INTENTIONALLY OMITTED (PART BB); TO AMEND

                    THE ENVIRONMENTAL CONSERVATION LAW AND THE REAL PROPERTY TAX LAW,

                    IN RELATION TO THE CENTRAL PINE BARRENS AREA AND CORE PRESERVATION AREA

                    (PART CC); AUTHORIZING UTILITY AND CABLE TELEVISION ASSESSMENTS TO

                    PROVIDE FUNDS TO THE DEPARTMENT OF HEALTH FROM CABLE TELEVISION

                                         77



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    ASSESSMENT REVENUES AND TO THE DEPARTMENTS OF AGRICULTURE AND

                    MARKETS, ENVIRONMENTAL CONSERVATION, OFFICE OF PARKS, RECREATION

                    AND HISTORIC PRESERVATION, AND STATE FROM UTILITY ASSESSMENT REVENUES;

                    AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION

                    THEREOF (PART DD); AUTHORIZING THE NEW YORK STATE ENERGY RESEARCH

                    AND DEVELOPMENT AUTHORITY TO FINANCE A PORTION OF ITS RESEARCH,

                    DEVELOPMENT AND DEMONSTRATION, POLICY AND PLANNING, AND FUEL NY

                    PROGRAMS, AS WELL AS THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION'S

                    CLIMATE CHANGE PROGRAM AND THE DEPARTMENT OF AGRICULTURE AND

                    MARKETS' FUEL NY PROGRAM, FROM AN ASSESSMENT ON GAS AND ELECTRIC

                    CORPORATIONS (PART EE); INTENTIONALLY OMITTED (PART FF); INTENTIONALLY

                    OMITTED (PART GG); TO AMEND THE REAL PROPERTY ACTIONS AND

                    PROCEEDINGS LAW AND THE CIVIL PRACTICE LAW AND RULES, IN RELATION TO

                    FORECLOSURE UPON A REVERSE MORTGAGE (PART HH); INTENTIONALLY OMITTED

                    (PART II); TO AMEND THE PUBLIC BUILDINGS LAW, IN RELATION TO REQUIRING

                    THE ESTABLISHMENT OF LACTATION ROOMS IN CERTAIN PUBLIC BUILDINGS (PART

                    JJ); DIRECTING THE DEPARTMENT OF STATE TO ANALYZE AND REPORT ON THE

                    FEASIBILITY OF INSTALLING ADULT CHANGING STATIONS IN PUBLIC BUILDINGS

                    (PART KK); TO AMEND THE EXECUTIVE LAW, IN RELATION TO STANDARDS

                    REQUIRING ASSEMBLY GROUP A OCCUPANCIES AND MERCANTILE GROUP M

                    OCCUPANCIES TO HAVE DIAPER CHANGING STATIONS AVAILABLE FOR USE BY BOTH

                    MALE AND FEMALE OCCUPANTS (PART LL); TO AMEND THE SOIL AND WATER

                    CONSERVATION DISTRICTS LAW, IN RELATION TO STATE AID TO DISTRICTS (PART

                    MM); TO AMEND THE ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO

                    RETROFIT TECHNOLOGY FOR DIESEL-FUELED VEHICLES (PART NN); TO AMEND THE

                                         78



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO FEES FOR CERTIFICATION

                    OF PESTICIDE APPLICATORS; AND TO REPEAL CERTAIN PROVISIONS OF SUCH LAW

                    RELATING THERETO (PART OO); TO AMEND THE ENVIRONMENTAL CONSERVATION

                    LAW, IN RELATION TO BEVERAGE CONTAINER REQUIREMENTS (PART PP); TO

                    AMEND CHAPTER 495 OF THE LAWS OF 2004, AMENDING THE INSURANCE LAW

                    AND THE PUBLIC HEALTH LAW RELATING TO THE NEW YORK STATE HEALTH

                    INSURANCE CONTINUATION ASSISTANCE DEMONSTRATION PROJECT, IN RELATION

                    TO THE EFFECTIVENESS THEREOF (PART QQ); TO AMEND THE NEW YORK STATE

                    URBAN DEVELOPMENT CORPORATION ACT, IN RELATION TO CREATING THE SMALL

                    BUSINESS INNOVATION RESEARCH/SMALL BUSINESS TECHNOLOGY TRANSFER

                    TECHNICAL ASSISTANCE PROGRAM; AND REPEALING SECTION 3102-C OF THE

                    PUBLIC AUTHORITIES LAW RELATING THERETO (PART RR); TO AMEND THE NEW

                    YORK STATE URBAN DEVELOPMENT CORPORATION ACT, IN RELATION TO

                    CREATING THE COMMUNITY DEVELOPMENT REVOLVING LOAN PROGRAM (PART

                    SS); TO AMEND THE PUBLIC AUTHORITIES LAW, IN RELATION TO THE FINANCING

                    AND CONSTRUCTION OF FACILITIES BY THE DORMITORY AUTHORITY FOR CEREBRAL

                    PALSY ASSOCIATIONS OF NEW YORK STATE AND ANY OF ITS NOT-FOR-PROFIT

                    MEMBERS (PART TT); RELATING TO CAPITAL EXPENSES RELATING TO PROJECTS

                    NECESSARY FOR THE COMPLETION OF HUDSON RIVER PARK (PART UU); AND TO

                    AMEND THE REAL PROPERTY TAX LAW, IN RELATION TO THE TAXATION OF

                    CERTAIN LANDS IN BOWMAN LAKE STATE PARK (PART VV).

                                 ACTING SPEAKER AUBRY:  GOVERNOR'S MESSAGE

                    IS AT THE DESK.  THE CLERK WILL READ.

                                 THE CLERK:  I HEREBY CERTIFY TO AN IMMEDIATE VOTE,

                    ANDREW M. CUOMO, GOVERNOR.

                                         79



                    NYS ASSEMBLY                                                MARCH 29, 2018

                                 ACTING SPEAKER AUBRY:  MR. OAKS.

                                 MR. OAKS:  THANK YOU VERY MUCH, MR. SPEAKER.  IF

                    THE CHAIRWOMAN WOULD YIELD FOR A FEW QUESTIONS?

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN, WILL

                    YOU YIELD?

                                 MS. WEINSTEIN YIELDS.

                                 MR. OAKS:  HELENE, THE BILL OMITS A PART OF -- IT

                    ADDRESSES MORE OF A -- A DOWNSTATE ISSUE MORE IN YOUR AREA DEALING

                    WITH CONGESTION PRICING AND -- AND WAYS THAT FUNDS MIGHT BE RAISED FOR

                    THE MTA.  ARE WE GOING TO SEE -- DO WE ANTICIPATE IN ANY OTHER PART OF

                    THIS BILL THAT THERE MIGHT BE SOMETHING THAT ADDRESSES THAT ISSUE?

                                 MS. WEINSTEIN:  YES.  I THINK IN THE -- ONCE WE GET

                    TO THE REVENUE BILL, WE'LL BE ABLE TO ADDRESS SOME OF THOSE -- THE ISSUES

                    OF FUNDING FOR THE MTA.

                                 MR. OAKS:  TALKING ABOUT OMITTING PARTS, IT ALSO

                    OMITTED A PART OF THE GOVERNOR'S BUDGET THAT CREATED A UNIFORM PROCESS

                    FOR THE SMALL CELL INSTALLATION.  I KNOW WHEN WE DID THE BUDGET

                    HEARINGS, WE HEARD SOME ABOUT THAT ISSUE, AS WELL.  BY ELIMINATING THAT

                    - I KNOW THIS IS A -- THE NEXT GENERATION OF TECHNOLOGY - BY ELIMINATING

                    THAT, ARE WE GOING TO BE HAVING THE WIRELESS COMPANIES NOT BRINGING

                    THAT TECHNOLOGY TO NEW YORK?  DO WE KNOW WHAT THE RESULT OF NOT

                    INCLUDING THAT WILL BE?

                                 MS. WEINSTEIN:  WELL, THE -- THAT SECTION, AS YOU

                    NOTE, WAS INTENTIONALLY OMITTED AND THE PROCESS WILL BE TO -- FOR THE

                    PROVIDERS TO GO TO THE INDIVIDUAL LOCALITIES MINDFUL OF THEIR ZONING

                                         80



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    LAWS AND WORK WITH THOSE LOCALITIES IN COMING UP WITH A -- A SCHEME TO

                    INSTALL THE 5G TECHNOLOGY.

                                 MR. OAKS:  I -- I KNOW THAT ONE OF THE -- THE REQUEST

                    FOR IT WAS SAYING, YOU KNOW, IF IT WAS UNIFORM ACROSS THE STATE, THE

                    POSSIBILITY MIGHT BE MORE QUICKLY DONE AND OUR CONSTITUENTS, RESIDENTS

                    MIGHT BE ABLE TO BENEFIT FROM IT QUICKER, YOU KNOW, HOW IT TRANSPIRES.

                    NOW, WHO KNOWS, BUT AT THIS TIME POINT WE'RE NOT GOING TO SEE THIS IN

                    ANY PART OF THE BUDGET?

                                 MS. WEINSTEIN:  NO.  THAT WAS INTENTIONALLY

                    OMITTED BECAUSE WE DIDN'T WANT TO IMPOSE STATE RULE UPON LOCALITIES

                    AND INTERFERE WITH THEIR PARTICULAR ZONING REQUIREMENTS AND NEEDS.

                                 MR. OAKS:  ONE OF THE THINGS THAT HAS BEEN TALKED

                    ABOUT ON THE FLOOR HERE IN A NUMBER OF BUDGETS OVER THE YEARS RELATES TO

                    A SPECIFIC HEALTH INSURANCE DEMONSTRATION PROGRAM FOR THE

                    ENTERTAINMENT INDUSTRY AND THE THING IS IS I DON'T KNOW EXACTLY HOW OLD

                    THIS IS, BUT I KNOW WHEN IT STARTED THERE WAS A VERY DIFFERENT MARKET --

                    MARKETPLACE.  WE HADN'T HAD THE FEDERAL HEALTHCARE ACT THAT WAS IN

                    AND SO I THINK THE QUESTION WOULD, YOU KNOW, OR MAY BEG THE QUESTION

                    OF SAYING NOW WE HAVE A DIFFERENT MARKET THAT'S BEEN CREATED, WHY NOT

                    JUST HAVE THE INDIVIDUALS WHO TODAY ARE BENEFITTING FROM THAT PROGRAM

                    INSTEAD OF SUBSIDIZING IT, WHY DON'T WE JUST LET THEM GO TO THE MARKETS

                    THAT EXIST IN NEW YORK STATE?

                                 MS. WEINSTEIN:  YOU KNOW, SO AS YOU NOTED IT'S

                    BEEN SOMETHING THAT WE'VE BEEN DOING FOR A NUMBER OF -- A NUMBER OF

                    YEARS.  THE -- AND GRADUALLY, IT HAS BEEN A REDUCTION IN THE NUMBER OF

                                         81



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    INDIVIDUALS THAT ARE COVERED UNDER THIS PROGRAM.  AT THIS POINT IT'S

                    110,000 THAT WE ARE CONTINUING TO COVER.

                                 MR. OAKS:  A TOTAL OF 10,000?

                                 MS. WEINSTEIN:  ONE HUNDRED AND TEN THOUSAND.

                                 MR. OAKS:  OH, 110,000.

                                 MS. WEINSTEIN:  ONE HUNDRED AND TEN THOUSAND.

                                 MR. OAKS:  AND DO WE --

                                 MS. WEINSTEIN:  AND IT DOESN'T PRECLUDE ANY OF

                    THESE INDIVIDUALS GOING TO OTHER -- TO GOING FOR -- WHETHER COBRA OR

                    SOME OTHER KIND OF INSURANCE OR TO, YOU KNOW, OUR EXCHANGE, BUT --

                    AND THAT HAS, IN FACT, HAPPENED AND THAT'S PARTIALLY WHY THE NUMBER HAS

                    DWINDLED OVER THE YEARS.

                                 MR. OAKS:  DO WE ALLOW PEOPLE TO STILL, YOU KNOW,

                    NEW INDIVIDUALS TO COME IN, OR IS THIS JUST INDIVIDUALS WHO'VE BEEN

                    COVERED FOR A NUMBER OF YEARS AND ARE CONTINUING?

                                 MS. WEINSTEIN:  YEAH.  YOU KNOW, I DO THINK THAT

                    IT'S -- IT'S OPEN TO NEW INDIVIDUALS BUT, YOU KNOW, CLEARLY THERE IS LESS

                    NEED BECAUSE OF THE HEALTH EXCHANGE AND THE ACA.

                                 MR. OAKS:  WHEN YOU MENTIONED THE $110,000, THAT

                    DOESN'T APPEAR IN THIS BILL.  WILL WE SEE THAT IN SOME --

                                 MS. WEINSTEIN:  YES, IN A LATER BILL.

                                 MR. OAKS:  ALL RIGHT.

                                 MS. WEINSTEIN:  TOMORROW, I GUESS.  IT'S STILL

                    THURSDAY.

                                 MR. OAKS:  HOPEFULLY.  ONE OF THE THINGS THAT THE

                                         82



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    GOVERNOR, AS WELL AS THE ATTORNEY GENERAL, HAVE BEEN PUSHING IS FOR

                    THE STATE TO ENACT STUDENT LOAN REGULATIONS TO AID SOME IN JUST STUDENTS

                    DEALING WITH THE DEBT CRISIS.  I THINK OF THE THREE INITIATIVES THAT THE

                    GOVERNOR PROPOSED, ONLY ONE OF THEM ACTUALLY SURVIVED, THAT BEING

                    THAT IF SOMEONE OWED OR IS IN DEFAULT OR IN THE MIDST OF NOT MEETING

                    THEIR STUDENT LOAN DEBTS THAT THEY COULDN'T HAVE DEPARTMENTS OF THE

                    STATE OR AGENCIES OF THE STATE WHO MIGHT ISSUE LICENSES THAT THEY COULD

                    NO LONGER, YOU KNOW, TAKE THAT PART AWAY, BUT THE -- THE OTHER

                    PROVISIONS I BELIEVE WERE REJECTED.  SO JUST A QUICK QUESTION:  DO WE

                    KNOW WHY THOSE OTHER INITIATIVES WERE NOT INCLUDED?

                                 MS. WEINSTEIN:  ON THOSE OTHER SECTIONS WE --

                    PROVISIONS WE COULDN'T COME TO AGREEMENT AND ON THE PROHIBITING THE

                    SUSPENSION OF THE LICENSES IS REALLY JUST CODIFYING -- WHAT IS IN THIS BILL

                    IS CODIFYING WHAT EXISTING PRACTICE IS.

                                 MR. OAKS:  SO REGULATING THE SERVICERS AND

                    PROTECTING AGAINST THE DEBT CONSOLIDATORS -- CONSULTANTS, SORRY -- IS --

                    WAS -- JUST DIDN'T MAKE IT.  ARE WE DOING ANYTHING ELSE WITHIN THE

                    BUDGET TO ADDRESS THE ISSUE OF STUDENT LOANS AND SOME OF THE PROBLEMS

                    RELATED WITH THE VOLUME OF THE DEBT THAT STUDENTS ARE CARRYING?  I KNOW

                    WE DON'T NECESSARILY CONTROL THE PERCENTAGE RATES THAT THEY'RE PAYING, ET

                    CETERA, BUT ANYTHING ELSE THAT WITH WE'RE DOING?

                                 MS. WEINSTEIN:  NO, I DO NOT BELIEVE SO.  I MEAN,

                    WE DID, YOU KNOW, PASS AN INDIVIDUAL BILL IN OUR HOUSE ADDRESSING

                    SOME OF THE STUDENT LOAN ISSUES, BUT WE WERE NOT ABLE TO GET AN -- AN

                    AGREEMENT -- THREE-WAY AGREEMENT ON INCLUDING SOME OF THOSE

                                         83



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    PROVISIONS IN THE BUDGET.

                                 MR. OAKS:  THANK YOU VERY MUCH.

                                 ACTING SPEAKER AUBRY:  MR. WALTER.

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

                    THE CHAIRWOMAN YIELD FOR A COUPLE QUESTIONS?

                                 ACTING SPEAKER AUBRY:  WILL YOU YIELD, MS.

                    WEINSTEIN?

                                 MS. WEINSTEIN:  YES.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MR. WALTER:  THANK YOU, MS. WEINSTEIN.  I LOOKED

                    THROUGH HERE, MAYBE IT'S THE LATE HOUR.  I DIDN'T FIND IT RIGHT AWAY, BUT

                    CAN YOU POINT ME TO THE PART OF THIS BILL WHERE THE DATABASE OF DEALS IS

                    LOCATED, IF IT'S IN THERE, I SHOULD SAY.

                                 (PAUSE)

                                 MS. WEINSTEIN:  IT'S -- IT'S NOT IN THIS BILL SINCE WE

                    WEREN'T ABLE TO COME TO AN AGREEMENT.

                                 MR. WALTER:  DO WE ANTICIPATE IT IN ANY OTHER

                    SECTION OF THE BUDGET?

                                 MS. WEINSTEIN:  IT'S NOT HERE.  IT'S NOT NOW

                    CONTEMPLATED TO BE IN ANOTHER SECTION OF THE BUDGET, BUT SINCE WE ARE

                    NOT YET COMPLETE -- COMPLETED WITH THE NEGOTIATION PROCESS, I DON'T

                    THINK I CAN GIVE YOU 100 PERCENT DEFINITIVE ANSWER.

                                 MR. WALTER:  SO THE CHANCES ARE SLIM AND NONE

                    AND SLIM IS SLOWLY LEAVING THE BUILDING.

                                 MS. WEINSTEIN:  SLIM AND -- YES.  I WOULD THINK

                                         84



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    IT'S A SLIM CHANCE.

                                 MR. WALTER:  HOW ABOUT ENHANCED OR REINSTATING

                    AN ENHANCED REPORTING REQUIREMENTS FOR START-UP NY?  ARE THOSE --

                    WOULD THAT BE LOCATED IN HERE OR...

                                 MS. WEINSTEIN:  NOT INCLUDED IN THIS BILL.

                                 MR. WALTER:  NO, OKAY.  PROCUREMENT REFORM.

                    THE COMPTROLLER HAD REQUESTED PROCUREMENT REFORM; DO WE SEE THAT

                    ANYWHERE?

                                 MS. WEINSTEIN:  NO.

                                 MR. WALTER:  NO, OKAY.  REGIONAL ECONOMIC

                    DEVELOPMENT COUNSEL SUBJECT TO PUBLIC OFFICERS LAW, ANYTHING LIKE

                    THAT, ANY KIND OF REQUIREMENTS FOR --

                                 MS. WEINSTEIN:  NO.

                                 MR. WALTER:  -- REDC DISCLOSURES OR ANYTHING?

                                 MS. WEINSTEIN:  NO.  WE WERE NOT ABLE TO GET TO

                    AN AGREEMENT WITH THE -- ON THAT.

                                 MR. WALTER:  ANY ENHANCEMENTS TO THE

                    TRANSPARENCY, MAYBE FOIL REQUIREMENTS OR SOMETHING FOR

                    ORGANIZATIONS LIKE FULLER ROAD OR FORT SCHUYLER MANAGEMENT OR

                    ANYTHING LIKE THAT?

                                 MS. WEINSTEIN:  NO.

                                 MR. WALTER:  NO, OKAY.  THANK YOU MS.

                    WEINSTEIN.

                                 ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                         85



                    NYS ASSEMBLY                                                MARCH 29, 2018

                                 MR. WALTER:  MR. SPEAKER, IT'S JUST INCREDIBLE TO

                    ME THAT COMING OFF OF A CORRUPTION TRIAL WHERE THE GOVERNOR'S

                    RIGHT-HAND-MAN WAS CONVICTED OF CORRUPTION, WHERE THERE'S

                    INDICTMENTS PENDING AND -- A TRIAL PENDING OF THE GOVERNOR'S LEADING

                    ECONOMIC DEVELOPMENT TEAM, BID-RIGGING ACCUSATIONS, CORRUPTION

                    SURROUNDING THE BUFFALO BILLION AND A NUMBER OF OTHER PROJECTS

                    THROUGHOUT THE STATE THAT THIS HOUSE, THE OTHER HOUSE AND THE

                    GOVERNOR COULDN'T COME TO SOME SORT OF AN AGREEMENT FOR SOME SORT OF

                    ENHANCED DISCLOSURES, TRANSPARENCY, ACCOUNTABILITY IN THE FAILED

                    ECONOMIC DEVELOPMENT POLICY RIFE WITH CORRUPTION THAT THIS GOVERNOR

                    HAS PROMOTED FOR THE LAST SEVEN YEARS.

                                 I JUST CAN'T FATHOM HOW WE'RE NOT ACCOUNTABLE TO THE

                    PEOPLE ON SOMETHING AS CRUCIAL AS THIS.  WE'RE TALKING ABOUT BILLIONS OF

                    DOLLARS, BILLIONS OF TAXPAYER DOLLARS THAT ARE BEING WASTED THROUGH

                    FRAUD AND CORRUPTION THAT THE U.S. ATTORNEY'S OFFICE HAS INVESTIGATED,

                    THIS ADMINISTRATION HAS INDICTMENTS UPON LEADING FIGURES IN THE

                    ECONOMIC DEVELOPMENT SCHEMES THAT THE GOVERNOR HAS PUT FORTH.  AND,

                    YET, WE STILL, AFTER YEARS OF SEEING THIS LEVEL OF CORRUPTION, CAN'T BRING

                    OURSELVES TO INSIST ON SOME SIMPLE MEASURES LIKE A DATABASE OF DEALS,

                    LIKE REPORTING REQUIREMENTS FOR START-UP NY, LIKE PROCUREMENT

                    REFORM, LIKE PUBLIC OFFICERS LAW APPLYING TO REDC MEMBERS, THAT WE

                    CAN'T GET ANY AGREEMENT ON ANY OF THOSE BILLS IS UNFATHOMABLE.  AND WE

                    NEED TO MAKE SURE THAT THERE IS ACCOUNTABILITY AND TRANSPARENCY IN

                    THESE PROGRAMS AND BY NOT HAVING THAT IN THERE, WE HAVE FAILED.  WE

                    HAVE FAILED AS A BODY.  WE HAVE FAILED AS A LEGISLATURE.  WE HAVE

                                         86



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    FAILED AS A GOVERNMENT IN THE STATE OF NEW YORK TO PROTECT THE

                    TAXPAYERS' DOLLARS AND I CAN'T VOTE FOR THIS BECAUSE OF THAT AND I DON'T

                    THINK ANYBODY ELSE SHOULD EITHER.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MR. RAIA.

                                 MR. RAIA:  THANK YOU, MR. SPEAKER.  WILL THE

                    CHAIRWOMAN YIELD FOR SOME QUESTIONS, PLEASE?

                                 MS. WEINSTEIN:  I'M VERY HAPPY TO.

                                 ACTING SPEAKER AUBRY:  THE CHAIRWOMAN

                    YIELDS.

                                 MR. RAIA:  AS I'M TRYING TO GET TO MY LIPS TO WORK AT

                    QUARTER-AFTER-TWO.  JUST ONE QUICK QUESTION.  IN THE GOVERNOR'S

                    EXECUTIVE PROPOSAL THERE WAS A PROVISION THAT WOULD ALLOW THE SALE OF

                    LOCALLY-SOURCED FOOD AND BEVERAGES AT ROADSIDE REST AREAS OPERATED BY

                    THE DEPARTMENT OF TRANSPORTATION.  I'M JUST CURIOUS AS TO WHY THAT'S

                    BEEN INTENTIONALLY OMITTED.

                                 MS. WEINSTEIN:  THE FEDERAL LAW PROHIBITS THOSE

                    ITEMS FOR BEING ON FEDERAL -- ON INTERSTATE HIGHWAYS, FEDERAL

                    HIGHWAYS.

                                 MR. RAIA:  IT WAS MY -- I -- YES, YOU ARE CORRECT.  IT'S

                    A RATHER BOGUS FEDERAL LAW THAT DATES BACK TO THE '30S WHEN YOU WERE

                    TRYING TO PROTECT LOCAL BUSINESSES.  MY QUESTION IS IS NOT ALL REST STOPS

                    OR -- OR WELCOME CENTERS ARE ON FEDERAL ROADS, THEY'RE SCATTERED

                    THROUGHOUT THE STATE.  I UNDERSTAND THE ONE IN PARTICULAR ON THE LONG

                    ISLAND EXPRESSWAY IS -- IS PROBABLY THE ONLY ONE THAT FITS INTO THE

                                         87



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    FEDERAL LAW, WHICH I UNDERSTAND THE GOVERNOR IS TRYING TO GET THAT

                    CHANGED.

                                 MS. WEINSTEIN:  DURING SOME OF THE NEGOTIATIONS,

                    THE STAFF DID ASK FOR LOCATIONS THAT THEY -- THAT WEREN'T FEDERAL, ON

                    FEDERAL INTERSTATES AND WE WERE NOT PROVIDED WITH A -- A LIST OF THOSE.

                    SO, IT'S CERTAINLY A DISCUSSION WE COULD CONTINUE TO HAVE POST-BUDGET.

                                 MR. RAIA:  THANK YOU.  I WOULD APPRECIATE THAT.

                                 ON THE BILL, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MR. RAIA.

                                 MR. RAIA:  THIS HAS BEEN AN ONGOING BATTLE.  FOR

                    YEARS, WE'VE BEEN BATTLING ONE WAY OR ANOTHER TO BUILD A WELCOME

                    CENTER.  WE FINALLY HAVE A STATE-OF-THE-ART WELCOME CENTER.  THE LOCAL

                    FARMERS WERE ABLE TO SELL THEIR PRODUCE AND THE FEDERAL GOVERNMENT

                    STEPPED IN TO ENFORCE A LAW THAT DATES BACK TO THE '30S WHICH REALLY HAS

                    NO USE ANYMORE.  I THINK IT WOULD BE A -- IT WOULD'VE BEEN A VERY GOOD

                    DECISION ON PART OF THIS LEGISLATURE TO ACTUALLY PASS THAT LAW AS A

                    MEANS TO PUTTING PRESSURE ON THE FEDERAL GOVERNMENT TO UPDATE ITS

                    ANTIQUATED LAWS AND ALLOW LONG ISLAND FARMERS TO SHOWCASE THEIR

                    PRODUCTS AT A STATE-OF-THE-ART WELCOME CENTER.  SO, I DO HOPE THAT WE

                    CONTINUE TO TALK ABOUT THIS AND APPLY PRESSURE TO THE FEDERAL

                    GOVERNMENT.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MR. MURRAY.

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

                    THE CHAIRWOMAN YIELD?

                                 MS. WEINSTEIN:  BE HAPPY TO.

                                         88



                    NYS ASSEMBLY                                                MARCH 29, 2018

                                 MR. MURRAY:  THANK YOU VERY MUCH AND JUST ONE

                    QUICK QUESTION.

                                 MS. WEINSTEIN:  YES.

                                 MR. MURRAY:  ANYWHERE IN THIS BILL OR IN

                    DISCUSSIONS HAS THERE BEEN A DISCUSSION IN REGARDS TO THE NEW YORK

                    STATE DMV SELLING OUR PERSONAL INFORMATION TO DIFFERENT COMPANIES?

                    HAS THAT DISCUSSION BEEN HAD IN THIS PORTION OF THE BILL?

                                 MS. WEINSTEIN:  IT WOULD HAVE BEEN -- IT WAS

                    DISCUSSED AT THIS TABLE BECAUSE IT WAS IN THE SENATE'S ONE-HOUSE

                    PROPOSAL, BUT IT WAS REJECTED.

                                 MR. MURRAY:  AND WE WON'T SEE THAT ANYWHERE

                    ELSE?

                                 MS. WEINSTEIN:  NO.

                                 MR. MURRAY:  OKAY.  THANK YOU.

                                 MR. SPEAKER, ON THE BILL.

                                 THANK YOU VERY MUCH, MS. WEINSTEIN.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MR.

                    MURRAY.

                                 MR. MURRAY:  SO, YEAH.  THIS IS AN ISSUE THAT --

                    THAT MANY PEOPLE DON'T EVEN REALIZE IS HAPPENING AND IN A TIME WHEN

                    FACEBOOK AND ALL THESE OTHER SOCIAL MEDIA COMPANIES ARE BEING

                    QUESTIONED ABOUT THEIR HANDLING OF OUR PERSONAL DATA AND OUR PERSONAL

                    INFORMATION, I WOULD THINK THIS WOULD BE A VERY IMPORTANT ISSUE THAT

                    WE WOULD BE TALKING TO PROTECT OUR FELLOW NEW YORKERS.

                                 RIGHT NOW, THE DEPARTMENT OF MOTOR VEHICLES, WHEN

                                         89



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    YOU REGISTER YOUR VEHICLE, YOU GIVE QUITE A BIT OF INFORMATION AND THEY

                    HAVE NO PROBLEM SELLING THAT INFORMATION TO PRIVATE COMPANIES TO THE

                    TUNE OF ABOUT $60 MILLION.  THAT'S WHY I'M BRINGING IT UP DURING OUR

                    BUDGET DISCUSSION BECAUSE THAT IS QUITE A REVENUE SOURCE FOR THE DMV.

                                 WHAT DO THEY SELL?  WELL, THEY SELL INFORMATION LIKE

                    OUR ADDRESS, BIRTH DATE, DRIVING RECORD, WHAT KIND OF VEHICLE YOU DRIVE,

                    WHAT COLOR THE VEHICLE IS, IT GOES ON AND ON, AND THEY'RE SELLING THAT

                    INFORMATION TO DIFFERENT COMPANIES, COMPANIES LIKE INSURANCE

                    COMPANIES, CAR RENTAL AGENCIES, BANKS, CAR DEALERS, AUTO SUPPLY

                    COMPANIES.  THE INFORMATION WE DO HAVE SOME CONTROL OVER WHO WE

                    INITIALLY SELL IT TO, BUT ONCE WE SELL THAT INFORMATION, NOW WE DON'T.  SO,

                    WHO'S TO SAY WHO THAT CAR DEALER OR CONSUMER REPORT PUBLICATION IS NOW

                    SELLING OUR INFORMATION TO.  IN THIS DAY AND AGE WITH IDENTITY THEFT THE

                    WAY IT IS, GRANTED, I UNDERSTAND WE'RE MAKING QUITE A BIT OF MONEY ON

                    THIS, BUT THIS IS AN ISSUE THAT IS VERY IMPORTANT FOR THE SAFETY OF NEW

                    YORKERS AND I THINK IT BELONGS IN THIS DISCUSSION.  I KNOW THERE'S A BILL

                    BEING CARRIED BY A MAJORITY MEMBER IN THIS CHAMBER ADDRESSING THIS

                    ISSUE, BUT WHY IT'S NOT INCLUDED IN THIS BUDGET BILL BAFFLES ME AND I

                    THINK WE NEED TO BRING IT UP.

                                 AGAIN, IT MAY BE A LITTLE LATE, BUT UNFORTUNATELY WE'RE

                    NOT ALLOWED IN THE ROOM DURING THE DISCUSSIONS OF WHAT'S GOING IN THIS

                    BUDGET, SO WE HAVE TO BRING IT OUT HERE.  SO I HOPE THAT THEY'RE BEING --

                    THESE ISSUES ARE BEING LISTENED TO BY THOSE THAT WILL BRING THAT

                    DISCUSSION FURTHER AND IF WE ARE STILL NEGOTIATING, HOPEFULLY THIS CAN

                    END UP SOMEWHERE IN THERE.  THANK YOU, MR. SPEAKER.

                                         90



                    NYS ASSEMBLY                                                MARCH 29, 2018

                                 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. ABINANTI TO EXPLAIN HIS VOTE.

                                 MR. ABINANTI:  THANK YOU, MR. SPEAKER.  I INTEND

                    TO SUPPORT THIS PART OF THE BUDGET.  WE NEED TO MAKE SURE THAT WE

                    COMPLETE THE BUDGET IN A TIMELY FASHION AND I THINK THERE ARE MANY

                    THINGS IN THIS DOCUMENT THAT WE SHOULD SUPPORT.  BUT I DO HAVE TWO

                    CONCERNS WHICH I WOULD LIKE TO EXPRESS.

                                 THERE ARE TWO THINGS IN THIS BUDGET THAT ARE MISSING OR

                    THAT ARE DIFFERENT THAN WHAT WE PROPOSED AS AN ASSEMBLY AND I'M

                    DISAPPOINTED THAT THE ASSEMBLY PROPOSALS DID NOT FIND THEIR WAY INTO

                    THE FINAL DOCUMENT.  FIRST OF ALL, THE ASSEMBLY WAS INTENDING TO MAKE

                    THE DIESEL EMISSION REDUCTION ACT LAW.  IT WAS PASSED IN 2007.  IT

                    WOULD REQUIRE THAT ALL VEHICLES OF THE STATE AND THOSE CONTRACTING WITH

                    THE STATE USE BEST AVAILABLE TECHNOLOGY AND LOW SULFUR FUEL AND, ONCE

                    AGAIN, THAT LAW WILL BE DELAYED FROM 2008.  THAT WAS NOT AN ASSEMBLY

                    PROPOSAL AND I JUST WISH THAT WE HAD PREVAILED AT THE TABLE.

                                 SECONDLY, THE ASSEMBLY BILL WOULD REQUIRE MORE

                    TRANSPARENCY AND MORE ETHICAL CONDUCT BY STATE AGENCIES AND ENTITIES

                    THAT ARE PART OF THE STATE OF NEW YORK.  AND AS WAS POINTED OUT DURING

                    THE DEBATE, THERE'S NOTHING IN HERE THAT APPLIES TO THE STATE AGENCIES,

                    MORE TRANSPARENCY OR HIGHER ETHICAL STANDARDS.  THAT WAS IN THE

                                         91



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    ASSEMBLY BILL.  THE ASSEMBLY STOOD UP AND SAID WE WANTED THAT AND

                    I'M VERY DISAPPOINTED THAT THE ASSEMBLY DID NOT PREVAIL ON THAT POINT.

                    BUT I STILL WILL VOTE FOR THIS BILL, MR. SPEAKER.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. ABINANTI IN THE

                    AFFIRMATIVE.

                                 MS. MALLIOTAKIS.

                                 MS. MALLIOTAKIS:  THANK YOU, MR. SPEAKER.

                    YOU KNOW, OVERALL THIS PARTICULAR BILL IS NOT SO BAD.  THERE'S A COUPLE

                    OF THINGS HERE THAT I COULD SUPPORT; HOWEVER, THE REASON WHY I'M GOING

                    TO BE VOTING AGAINST IT PRIMARILY IS BECAUSE I DON'T BELIEVE WE SHOULD

                    BE EXTENDING THE AUTHORIZATION OF THE AUTONOMOUS VEHICLE TESTING HERE

                    IN THE STATE OF NEW YORK, PARTICULARLY FOLLOWING THE DEATH OF A

                    PEDESTRIAN IN THE STATE OF ARIZONA.  WE'RE SEEING STATES LIKE ARIZONA

                    NOW CURBING THE PROGRAM.  I DON'T BELIEVE THAT WE SHOULD BE MOVING

                    FORWARD WITH THIS UNTIL THAT TECHNOLOGY IS PERFECTED.  IN PARTICULAR, IT

                    ALLOWS THE DMV TO PICK THE LOCATION SO IT REALLY JUST LEAVES IT OPEN TO

                    ANY PART OF THE STATE, INCLUDING NEW YORK CITY, SO IMAGINE HAVING A

                    TESTING PROGRAM THERE.  CERTAINLY, PUBLIC SAFETY SHOULD BE OUR NUMBER

                    ONE PRIORITY.  THAT IS SOMETHING WE TALK A LOT ABOUT IN THIS HOUSE AND I

                    DON'T THINK THAT WE SHOULD BE MOVING FORWARD.  WE SHOULD ALLOW --

                    THIS TECHNOLOGY, IF THEY WANT TO DO IT IN OTHER STATES FINE, TEST IT OUT AND

                    THEN WHEN IT'S PERFECTED AND WE KNOW THAT IT'S NOT GOING TO HARM AN

                    INDIVIDUAL AS IT DID IN THE STATE OF ARIZONA, THEN PERHAPS WE CAN ADOPT

                    IT HERE.  I'LL BE VOTING IN THE NEGATIVE.

                                 ACTING SPEAKER AUBRY:  MS. MALLIOTAKIS IN

                                         92



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    THE NEGATIVE.

                                 MS. MELISSA MILLER.

                                 MS. M. MILLER:  THANK YOU, MR. SPEAKER.  I JUST

                    WANT TO EXPLAIN, I AM VOTING FOR THIS.  I WAS SURPRISED AND HAPPY TO SEE

                    THAT THERE IS A SECTION IN THIS ON ADULT CHANGING TABLES.  AS MOST OF YOU

                    KNOW, THIS IS SOMETHING THAT'S IMPORTANT TO ME.  IF THE DOS AND THE

                    GOVERNOR'S OFFICE WANT TO DO A STUDY, AS FAR AS I'M CONCERNED, THAT'S AT

                    LEAST AN ACKNOWLEDGEMENT THAT THERE IS A NEED AND I PERSONALLY WOULD

                    BE THRILLED AND WILL MAKE IT A PRIORITY TO CLEAR MY SCHEDULE TO BE ABLE

                    TO PROVIDE THEM WITH ACCURATE DETAILS OF EXACTLY WHAT IT'S LIKE TO HAVE

                    TO LAY YOUR TEENAGER OR ADULT LOVED ONE ON THE FLOOR OF A PUBLIC

                    RESTROOM, TO GIVE THEM THOSE DETAILS.  I ONLY HOPE AND PRAY THAT THEY DO

                    ASK FOR AND ALLOW THE INPUT OF THE HUNDREDS OF FAMILIES LIKE MINE FROM

                    ACROSS THE STATE WHO ARE LIVING WITH THIS PROBLEM.  AND I WILL DO

                    WHATEVER I CAN TO MAKE SURE THAT THIS STUDY IS COMPLETED BY THIS

                    DEADLINE OF FEBRUARY 15TH, 2019 SO THAT MAYBE BY THIS TIME NEXT YEAR,

                    NEXT BUDGET, WE ARE VOTING YES FOR THESE ACTUAL CHANGING STATIONS.  I

                    KNOW OLIVER DESERVES THAT DIGNITY.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MS. MILLER IN THE

                    AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MR. MORELLE.

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

                                         93



                    NYS ASSEMBLY                                                MARCH 29, 2018

                    BEFORE I GIVE ANY DIRECTION ON SCHEDULE, ARE THERE RESOLUTIONS TO TAKE

                    UP, SIR?

                                 ACTING SPEAKER AUBRY:  WE CERTAINLY HAVE

                    NUMEROUS RESOLUTIONS.  WE WILL TAKE THEM UP IN ONE VOTE.

                                 ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING

                    AYE; OPPOSED, NO.  THE RESOLUTIONS ARE ADOPTED.

                                 (WHEREUPON, ASSEMBLY RESOLUTION NOS. 974-980

                    WERE UNANIMOUSLY APPROVED.)

                                 MR. MORELLE.

                                 MR. MORELLE:  THANK YOU, MR. SPEAKER.  WE'RE

                    OBVIOUSLY GOING TO WORK LATE IN TO THE NIGHT, NOT HERE, BUT STAFF WILL

                    CONTINUE TO WORK AND MEMBERS WILL BE HERE AND WE'LL HOPE TO MAKE

                    PROGRESS.  SO IN JUST A SECOND I'M GOING TO ADJOURN UNTIL THE CALL OF THE

                    SPEAKER, BUT I DO WANT EVERYONE TO KNOW THAT WE'LL HAVE BREAKFAST AT 8

                    A.M., AND IT WILL BE AN EXTENSIVE BREAKFAST, SO IF YOU WANT TO COME AND

                    JOIN US, HOPEFULLY THAT WILL BE ROUGHLY THE TIME WE'RE BACK IN SESSION,

                    BUT -- BUT I DON'T KNOW FOR CERTAIN.  WE WILL OBVIOUSLY MAKE

                    ARRANGEMENTS TO COMMUNICATE WITH THE MINORITY ON WHEN WE NEED

                    MEMBERS BACK AT THE CAPITOL.

                                 AND WITH THAT, MR. SPEAKER, I NOW MOVE THAT THE

                    ASSEMBLY STAND ADJOURNED UNTIL THE CALL OF THE SPEAKER.

                                 ACTING SPEAKER AUBRY:  THE ASSEMBLY STANDS

                    ADJOURNED UNTIL THE CALL OF THE SPEAKER, AND SEE YOU FOR BREAKFAST.

                                 (WHEREUPON, AT 2:25 A.M., THE ASSEMBLY STOOD

                    ADJOURNED UNTIL THE CALL OF THE SPEAKER.)

                                         94