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
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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
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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.
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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
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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
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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
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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.
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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
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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?
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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.
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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.
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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.
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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
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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
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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
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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.
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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.
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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
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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.
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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.
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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 À 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 --
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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
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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
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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
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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?
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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.
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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
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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
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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.
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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.
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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
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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
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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.
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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
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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.
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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
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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
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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.
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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.)
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