FRIDAY, MARCH 30, 2018                                                                           3:19

                    P.M.



                                 ACTING SPEAKER AUBRY:  THE HOUSE WILL COME

                    TO ORDER.

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

                    SILENCE.

                                 (WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)

                                 VISITORS ARE INVITED TO JOIN THE MEMBERS IN THE PLEDGE

                    OF ALLEGIANCE.

                                 (WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND

                    MEMBERS IN THE PLEDGE OF ALLEGIANCE.)

                                 A QUORUM BEING PRESENT, THE CLERK WILL READ THE

                    JOURNAL OF THURSDAY, MARCH 29TH.

                                 MR. MORELLE.

                                          1



                    NYS ASSEMBLY                                                   MARCH 30, 2018

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

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

                    29TH, AND ASK THAT THE SAME STAND APPROVED.

                                 ACTING SPEAKER AUBRY:  WITHOUT OBJECTION, SO

                    ORDERED.

                                 MR. MORELLE.

                                 MR. MORELLE:  THANK YOU, MR. SPEAKER.  I'LL GIVE

                    A LITTLE OUTLINE OF OUR SCHEDULE THIS AFTERNOON IN JUST A MINUTE, BUT I

                    THOUGHT I MIGHT TAKE A MOMENT, SINCE WE SEEM TO HAVE A FEW, TO NOTE

                    THAT ON THIS DAY IN 1870, THE 15TH AMENDMENT OF THE CONSTITUTION WAS

                    FORMALLY ADOPTED, GRANTING AFRICAN-AMERICAN MEN THE RIGHT TO VOTE.  IT

                    READ:  "THE RIGHT OF CITIZENS OF THE UNITED STATES TO VOTE SHALL NOT BE

                    DENIED OR ABRIDGED BY THE UNITED STATES OR BY ANY STATE ON ACCOUNT OF

                    RACE, COLOR OR PREVIOUS CONDITION OF SERVITUDE."

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

                    KNOW THAT FAMED BASEBALL PLAYER AND MANAGER JOHN MCGRAW WAS BORN

                    IN TRUXTON, NEW YORK IN 1873?  YES, INDEED, A NEW YORKER.  TRUXTON

                    IS LOCATED IN THE 126TH ASSEMBLY DISTRICT REPRESENTED BY OUR FRIEND

                    MR. FINCH.  WITH 2,763 WINS, MCGRAW HOLDS THE SECOND-MOST VICTORIES

                    IN BASEBALL HISTORY AS A MANAGER.  ONE THING TO NOTE, HE WON THREE

                    WORLD SERIES TITLES AS MANAGER WITH THE NEW YORK GIANTS, AND ALSO

                    HELD THE RECORD FOR MOST EJECTIONS AS A MANAGER WITH 132 UNTIL RECENTLY

                    BEING PASSED BY ATLANTA BRAVES COACH -- MANAGER BOBBY COX.  SO, HE

                    WON A LOT, HE GOT THROWN OUT OF QUITE A FEW AS WELL.  SO THERE YOU GO.

                                 HOPEFULLY, NO ONE WILL GET THROWN OUT OF HERE TODAY

                                          2



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    AS WE MOVE TO CONCLUDE OUR VERY IMPORTANT WORK.  AND LET ME AGAIN

                    THANK THE MEMBERS, AS I HAVE THROUGHOUT THE WEEK, FOR THEIR PATIENCE.

                    I KNOW THERE HAVE BEEN LONG SPELLS OF INACTIVITY AND, YET, EVERYONE HAS

                    REMAINED FAITHFUL TO THE CAUSE AND HOPEFULLY WE WILL WORK THROUGH AND

                    COMPLETE OUR WORK ON THE 2018-2019 BUDGET BEFORE -- BEFORE TOO LONG,

                    SIR.

                                 SO, MEMBERS HAVE ON THEIR MAIN DESKS -- THERE WILL

                    BE, I'M SURE, A NUMBER OF CALENDARS TO TAKE UP AND VOTES TO TAKE UP AS

                    WE WORK TO CONCLUDE THE BUDGET, AND I WILL DO THAT IN JUST A MINUTE.

                    BUT I UNDERSTAND THERE'S INTRODUCTIONS AND HOUSEKEEPING.  IF THERE ARE,

                    THIS WOULD BE THE APPROPRIATE TIME TO TAKE IT UP.

                                 ACTING SPEAKER AUBRY:  AN INTRODUCTION FROM

                    MR. DIPIETRO.

                                 MR. DIPIETRO:  THANK YOU, MR. SPEAKER.  I HAVE

                    TODAY WITH ME A GREAT FRIEND OF MINE, SANTOS LOPEZ, AND HIS DAUGHTER,

                    DELIA.  HE ALSO HAS A DAUGHTER, JILLIAN.  SANTOS IS A NAVY VETERAN, A

                    HOSPITAL MAN.  HIS WIFE IS ACTUALLY JENNIFER LOPEZ.  AND DELIA IS

                    LEARNING ABOUT THE NEW YORK STATE GOVERNMENT ON HER VACATION HERE

                    TODAY.  UNFORTUNATELY, SHE CAME NOT AT A GREAT TIME TO SEE GOVERNMENT

                    AT ITS FINEST.  ALSO, I WANT TO POINT OUT THAT THE WEST POINT PAINTBALL

                    COMBAT CLASSIC IS COMING UP, WHICH SANTOS PRETTY MUCH HOSTS THIS AT

                    THE ACADEMY, AND HE'S INVITED ANY OF OUR ELECTED OFFICIALS.  IF THEY

                    WOULD LIKE TO PARTICIPATE, THEY CAN.  IT'S AN INCREDIBLE EVENT.  AND ALSO,

                    SANTOS LOPEZ IS ALSO HELPING ME WITH JUNE 12TH, WHICH IS GOING TO BE

                    FILIPINO APPRECIATION DAY HERE IN THE CAPITOL.  AND USABIA LOPEZ, HIS

                                          3



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    GRANDFATHER, WAS ONE OF THE ORIGINAL SIGNERS OF THE 1934 CONSTITUTION

                    OF THE PHILIPPINES.

                                 SO, WITH THAT, MR. SPEAKER, IF YOU WOULD GIVE HIM ALL

                    THE CORDIALITIES OF THE HOUSE WITH HIS LOVELY DAUGHTER, WE'D APPRECIATE

                    THAT.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  ON BEHALF

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

                    SANTOS FAMILY HERE TO THE NEW YORK STATE ASSEMBLY.  WE EXTEND TO

                    YOU THE PRIVILEGES OF THE FLOOR.  WE CERTAINLY ARE HAPPY THAT YOU COULD

                    JOIN US.  AND WHETHER WE ARE AT OUR FINEST MOMENT OR NOT, THIS IS

                    ALWAYS AN -- AN AUSPICIOUS OCCASION WHEN WE PASS A BUDGET.  THANK

                    YOU SO VERY MUCH, AND WE HOPE YOU LEARN MUCH ABOUT IT, YOUNG LADY.

                    THANK YOU.

                                 (APPLAUSE)

                                 MR. MORELLE.

                                 MR. MORELLE:  THANK YOU, MR. SPEAKER.

                    MEMBERS HAVE ON THEIR DESKS BOTH AN A-CALENDAR AND A B-CALENDAR.  I

                    NOW MOVE TO ADVANCE BOTH THE A- AND B-CALENDARS.

                                 ACTING SPEAKER AUBRY:  ON MR. MORELLE'S

                    MOTION, THE A- AND B-CALENDAR ARE ADVANCED.

                                 MR. MORELLE.

                                 MR. MORELLE:  YES, SIR.  I'D LIKE TO GO TO THAT

                    A-CALENDAR NOW AND TAKE UP RULES REPORT NO. 21, A BUDGET BILL,

                    WHICH IS LOCATED ON PAGE 3 OF THE A-CALENDAR.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MS.

                                          4



                    NYS ASSEMBLY                                                   MARCH 30, 2018

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

                    ADVANCED.  GOVERNOR'S MESSAGE IS AT THE DESK.

                                 (A09507-C)  AN ACT TO AMEND THE PUBLIC HEALTH LAW,

                    IN RELATION TO RATE METHODOLOGY FOR CAPITAL EXPENDITURES TO HOSPITALS

                    AND RESIDENTIAL NURSING FACILITIES; TO AMEND THE SOCIAL SERVICES LAW, IN

                    RELATION TO STANDARD COVERAGE FOR PHYSICAL THERAPY SERVICES UNDER

                    MEDICAL ASSISTANCE FOR NEEDY PERSONS PROGRAMS; TO DIRECT A REVIEW OF

                    THE FEASIBILITY OF A BURN CENTER IN KINGS COUNTY; AND IN RELATION TO

                    RATES OF REIMBURSEMENT FOR CERTAIN RESIDENTIAL HEALTH CARE FACILITIES

                    (PART A); TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO PAYMENTS TO

                    RESIDENTIAL HEALTH CARE FACILITIES; TO AMEND THE SOCIAL SERVICES LAW AND

                    THE PUBLIC HEALTH LAW, IN RELATION TO ASSISTED LIVING PROGRAM PROVIDERS

                    LICENSED IN THE STATE; TO AMEND THE SOCIAL SERVICES LAW, IN RELATION TO

                    PAYMENTS FOR CERTAIN MEDICAL ASSISTANCE PROVIDED TO ELIGIBLE PERSONS

                    PARTICIPATING IN THE NEW YORK TRAUMATIC BRAIN INJURY WAIVER

                    PROGRAM; TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO LIMITATIONS ON

                    LICENSED HOME CARE SERVICE AGENCY CONTRACTS AND REGISTRATION OF

                    LICENSED HOME CARE SERVICES AGENCIES; TO AMEND THE SOCIAL SERVICES

                    LAW, IN RELATION TO ADVERTISING BY FISCAL INTERMEDIARIES; AND IN RELATION

                    TO MEDICAID REIMBURSEMENT RATES FOR HOSPICE PROVIDERS (PART B); TO

                    AMEND THE SOCIAL SERVICES LAW AND THE PUBLIC HEALTH LAW, IN RELATION

                    TO HEALTH HOMES AND PENALTIES FOR MANAGED CARE PROVIDERS (PART C); TO

                    AMEND THE SOCIAL SERVICES LAW AND THE PUBLIC HEALTH LAW, IN RELATION

                    TO DRUG COVERAGE, UPDATING THE PROFESSIONAL DISPENSING FEE AND

                    COPAYMENTS; AND IN RELATION TO THE MEDICAID DRUG CAP (PART D);

                                          5



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    INTENTIONALLY OMITTED (PART E); INTENTIONALLY OMITTED (PART F);

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

                    INTENTIONALLY OMITTED (PART I); TO AMEND THE STATE FINANCE LAW, IN

                    RELATION TO THE FALSE CLAIMS ACT (PART J); TO AMEND THE PUBLIC HEALTH

                    LAW AND THE SOCIAL SERVICES LAW IN RELATION TO HOME CARE SERVICES AND

                    DIRECT CARE COSTS; AND TO AMEND CHAPTER 59 OF THE LAWS OF 2011

                    AMENDING THE PUBLIC HEALTH LAW AND OTHER LAWS RELATING TO KNOWN AND

                    PROJECTED DEPARTMENT OF HEALTH STATE FUND MEDICAID EXPENDITURES, IN

                    RELATION TO EXTENDING THE MEDICAID GLOBAL CAP (PART K); INTENTIONALLY

                    OMITTED (PART L); TO AMEND CHAPTER 266 OF THE LAWS OF 1986,

                    AMENDING THE CIVIL PRACTICE LAW AND RULES AND OTHER LAWS RELATING TO

                    MALPRACTICE AND PROFESSIONAL MEDICAL CONDUCT, IN RELATION TO

                    APPORTIONING PREMIUM FOR CERTAIN POLICIES; TO AMEND PART J OF CHAPTER

                    63 OF THE LAWS OF 2001 AMENDING CHAPTER 266 OF THE LAWS OF 1986,

                    AMENDING THE CIVIL PRACTICE LAW AND RULES AND OTHER LAWS RELATING TO

                    MALPRACTICE AND PROFESSIONAL MEDICAL CONDUCT, RELATING TO THE

                    EFFECTIVENESS OF CERTAIN PROVISIONS OF SUCH CHAPTER, IN RELATION TO

                    EXTENDING CERTAIN PROVISIONS CONCERNING THE HOSPITAL EXCESS LIABILITY

                    POOL; AND TO AMEND PART H OF CHAPTER 57 OF THE LAWS OF 2017,

                    AMENDING THE NEW YORK HEALTH CARE REFORM ACT OF 1996 AND OTHER

                    LAWS RELATING TO EXTENDING CERTAIN PROVISIONS RELATING THERETO, IN

                    RELATION TO EXTENDING PROVISIONS RELATING TO EXCESS COVERAGE (PART M);

                    TO AMEND PART C OF CHAPTER 57 OF THE LAWS OF 2006, ESTABLISHING A COST

                    OF LIVING ADJUSTMENT FOR DESIGNATED HUMAN SERVICES, IN RELATION TO THE

                    DETERMINATION THEREOF; AND TO REPEAL CERTAIN PROVISIONS THEREOF RELATING

                                          6



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    TO ELIGIBLE PROGRAMS (PART N); INTENTIONALLY OMITTED (PART O);

                    INTENTIONALLY OMITTED (PART P); TO AMEND THE PUBLIC HEALTH LAW, IN

                    RELATION TO THE HEALTH CARE FACILITY TRANSFORMATION PROGRAM (PART Q);

                    INTENTIONALLY OMITTED (PART R); INTENTIONALLY OMITTED (SUBPART A); TO

                    AMEND THE PUBLIC HEALTH LAW AND THE MENTAL HYGIENE LAW, IN

                    RELATION TO INTEGRATED SERVICES (SUBPART B); AND TO AMEND THE PUBLIC

                    HEALTH LAW, IN RELATION TO THE DEFINITIONS OF TELEHEALTH, AND TO AMEND

                    THE SOCIAL SERVICES LAW, IN RELATION TO PAYMENT FOR TELEHEALTH SERVICES

                    AND REMOTE PATIENT MONITORING AND TO REPEAL CERTAIN PROVISIONS OF THE

                    PUBLIC HEALTH LAW RELATING THERETO (SUBPART C)(PART S); TO AMEND

                    CHAPTER 59 OF THE LAWS OF 2016, AMENDING THE SOCIAL SERVICES LAW

                    AND OTHER LAWS RELATING TO AUTHORIZING THE COMMISSIONER OF HEALTH TO

                    APPLY FEDERALLY-ESTABLISHED CONSUMER PRICE INDEX PENALTIES FOR GENERIC

                    DRUGS, AND AUTHORIZING THE COMMISSIONER OF HEALTH TO IMPOSE

                    PENALTIES ON MANAGED CARE PLANS FOR REPORTING LATE OR INCORRECT

                    ENCOUNTER DATA, IN RELATION TO THE EFFECTIVENESS OF CERTAIN PROVISIONS OF

                    SUCH CHAPTER; TO AMEND CHAPTER 58 OF THE LAWS OF 2007, AMENDING THE

                    SOCIAL SERVICES LAW AND OTHER LAWS RELATING TO ADJUSTMENTS OF RATES, IN

                    RELATION TO THE EFFECTIVENESS OF CERTAIN PROVISIONS OF SUCH CHAPTER; TO

                    AMEND CHAPTER 54 OF THE LAWS OF 2016, AMENDING PART C OF CHAPTER

                    58 OF THE LAWS OF 2005 RELATING TO AUTHORIZING REIMBURSEMENTS FOR

                    EXPENDITURES MADE BY OR ON BEHALF OF SOCIAL SERVICES DISTRICTS FOR

                    MEDICAL ASSISTANCE FOR NEEDY PERSONS AND ADMINISTRATION THEREOF, IN

                    RELATION TO THE EFFECTIVENESS THEREOF; TO AMEND CHAPTER 906 OF THE

                    LAWS OF 1984, AMENDING THE SOCIAL SERVICES LAW RELATING TO

                                          7



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    EXPANDING MEDICAL ASSISTANCE ELIGIBILITY AND THE SCOPE OF SERVICES

                    AVAILABLE TO CERTAIN PERSONS WITH DISABILITIES, IN RELATION TO THE

                    EFFECTIVENESS THEREOF; TO AMEND CHAPTER 56 OF THE LAWS OF 2013,

                    AMENDING CHAPTER 59 OF THE LAWS OF 2011 AMENDING THE PUBLIC HEALTH

                    LAW AND OTHER LAWS RELATING TO GENERAL HOSPITAL REIMBURSEMENT FOR

                    ANNUAL RATES RELATING TO THE CAP ON LOCAL MEDICAID EXPENDITURES, IN

                    RELATION TO RATES OF PAYMENTS; TO AMEND THE SOCIAL SERVICES LAW, IN

                    RELATION TO AGREEMENTS WITH PHARMACEUTICAL MANUFACTURERS; TO AMEND

                    PART B OF CHAPTER 57 OF THE LAWS OF 2015, AMENDING THE SOCIAL

                    SERVICES LAW AND OTHER LAWS RELATING TO SUPPLEMENTAL REBATES, IN

                    RELATION TO THE EFFECTIVENESS THEREOF; AND TO AMEND THE PUBLIC HEALTH

                    LAW, IN RELATION TO PARTICIPATION AND MEMBERSHIP IN A DEMONSTRATION

                    PERIOD (PART T); TO AMEND PART NN OF CHAPTER 58 OF THE LAWS OF 2015,

                    AMENDING THE MENTAL HYGIENE LAW RELATING TO CLARIFYING THE AUTHORITY

                    OF THE COMMISSIONERS IN THE DEPARTMENT OF MENTAL HYGIENE TO DESIGN

                    AND IMPLEMENT TIME-LIMITED DEMONSTRATION PROGRAMS, IN RELATION TO THE

                    EFFECTIVENESS THEREOF (PART U); TO AMEND CHAPTER 62 OF THE LAWS OF

                    2003, AMENDING THE MENTAL HYGIENE LAW AND THE STATE FINANCE LAW

                    RELATING TO THE COMMUNITY MENTAL HEALTH SUPPORT AND WORKFORCE

                    REINVESTMENT PROGRAM, THE MEMBERSHIP OF SUBCOMMITTEES FOR MENTAL

                    HEALTH OF COMMUNITY SERVICES BOARDS AND THE DUTIES OF SUCH

                    SUBCOMMITTEES AND CREATING THE COMMUNITY MENTAL HEALTH AND

                    WORKFORCE REINVESTMENT ACCOUNT, IN RELATION TO EXTENDING SUCH

                    PROVISIONS RELATING THERETO (PART V); INTENTIONALLY OMITTED (PART W); TO

                    AMEND CHAPTER 111 OF THE LAWS OF 2010, AMENDING THE MENTAL

                                          8



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    HYGIENE LAW RELATING TO THE RECEIPT OF FEDERAL AND STATE BENEFITS

                    RECEIVED BY INDIVIDUALS RECEIVING CARE IN FACILITIES OPERATED BY AN

                    OFFICE OF THE DEPARTMENT OF MENTAL HYGIENE, IN RELATION TO THE

                    EFFECTIVENESS THEREOF (PART X); TO AMEND THE EDUCATION LAW, IN

                    RELATION TO PERSONS PRACTICING IN CERTAIN LICENSED PROGRAMS OR SERVICES

                    WHO ARE EXEMPT FROM PRACTICE REQUIREMENTS OF PROFESSIONALS LICENSED

                    BY THE DEPARTMENT OF EDUCATION; TO AMEND CHAPTER 420 OF THE LAWS OF

                    2002, AMENDING THE EDUCATION LAW RELATING TO THE PROFESSION OF SOCIAL

                    WORK, IN RELATION TO EXTENDING THE EXPIRATION OF CERTAIN PROVISIONS

                    THEREOF; TO AMEND CHAPTER 676 OF THE LAWS OF 2002, AMENDING THE

                    EDUCATION LAW RELATING TO THE PRACTICE OF PSYCHOLOGY, IN RELATION TO

                    EXTENDING THE EXPIRATION OF CERTAIN PROVISIONS; AND TO AMEND CHAPTER

                    130 OF THE LAWS OF 2010, AMENDING THE EDUCATION LAW AND OTHER LAWS

                    RELATING TO THE REGISTRATION OF ENTITIES PROVIDING CERTAIN PROFESSIONAL

                    SERVICES AND LICENSURE OF CERTAIN PROFESSIONS, IN RELATION TO EXTENDING

                    CERTAIN PROVISIONS THEREOF (PART Y); TO AMEND THE SOCIAL SERVICES LAW,

                    IN RELATION TO ADDING DEMONSTRATION WAIVERS TO WAIVERS ALLOWABLE FOR

                    HOME AND COMMUNITY-BASED SERVICES; TO AMEND THE SOCIAL SERVICES

                    LAW, IN RELATION TO ADDING SUCCESSOR FEDERAL WAIVERS TO WAIVERS

                    GRANTED UNDER SUBSECTION (C) OF SECTION 1915 OF THE FEDERAL SOCIAL

                    SECURITY LAW, IN RELATION TO NURSING FACILITY SERVICES; TO AMEND THE

                    SOCIAL SERVICES LAW, IN RELATION TO WAIVERS FOR HIGH QUALITY AND

                    INTEGRATED CARE; TO AMEND THE MENTAL HYGIENE LAW, IN RELATION TO

                    ADDING NEW AND SUCCESSOR FEDERAL WAIVERS TO WAIVERS IN RELATION TO

                    HOME AND COMMUNITY-BASED SERVICES; TO AMEND PART A OF CHAPTER 56

                                          9



                    NYS ASSEMBLY                                                   MARCH 30, 2018

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

                    LAWS RELATING TO ENACTING THE MAJOR COMPONENTS OF LEGISLATION

                    NECESSARY TO IMPLEMENT THE HEALTH AND MENTAL HYGIENE BUDGET FOR THE

                    2013-2014 STATE FISCAL YEAR, IN RELATION TO THE EFFECTIVENESS OF CERTAIN

                    PROVISIONS THEREOF; TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO

                    EXPANSION OF COMPREHENSIVE HEALTH SERVICES PLANS; TO AMEND CHAPTER

                    659 OF THE LAWS OF 1997, AMENDING THE PUBLIC HEALTH LAW AND OTHER

                    LAWS RELATING TO CREATION OF CONTINUING CARE RETIREMENT COMMUNITIES, IN

                    RELATION TO EXTENDING PROVISIONS THEREOF; TO AMEND THE PUBLIC HEALTH

                    LAW, IN RELATION TO MANAGED LONG-TERM CARE PLANS, HEALTH AND LONG-

                    TERM CARE SERVICES AND DEVELOPMENTAL DISABILITY INDIVIDUAL SUPPORT AND

                    CARE COORDINATION ORGANIZATIONS; TO AMEND CHAPTER 165 OF THE LAWS OF

                    1991, AMENDING THE PUBLIC HEALTH LAW AND OTHER LAWS RELATING TO

                    ESTABLISHING PAYMENTS FOR MEDICAL ASSISTANCE, IN RELATION TO EXTENDING

                    THE PROVISIONS THEREOF; TO AMEND THE MENTAL HYGIENE LAW, IN RELATION

                    TO REIMBURSEMENT RATES; AND TO AMEND CHAPTER 710 OF THE LAWS OF

                    1988, AMENDING THE SOCIAL SERVICES LAW AND THE EDUCATION LAW

                    RELATING TO MEDICAL ASSISTANCE ELIGIBILITY OF CERTAIN PERSONS AND

                    PROVIDING FOR MANAGED MEDICAL CARE DEMONSTRATION PROGRAMS, IN

                    RELATION TO EXTENDING THE PROVISIONS THEREOF (PART Z); TO AMEND PART C

                    OF CHAPTER 57 OF THE LAWS OF 2006, RELATING TO ESTABLISHING A COST OF

                    LIVING ADJUSTMENT FOR DESIGNATED HUMAN SERVICES PROGRAMS, IN RELATION

                    TO THE INCLUSION AND DEVELOPMENT OF CERTAIN COST OF LIVING ADJUSTMENTS

                    (PART AA); TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO EXPANDING

                    THE LIST OF CONTROLLED SUBSTANCES (PART BB); TO AMEND THE PUBLIC HEALTH

                                         10



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    LAW, IN RELATION TO INQUIRIES OR COMPLAINTS OF PROFESSIONAL MISCONDUCT

                    (PART CC); TO AMEND THE EDUCATION LAW, IN RELATION TO AUTHORIZING A

                    LICENSED PHARMACIST TO ADMINISTER INFLUENZA VACCINE TO CHILDREN

                    BETWEEN TWO AND 18 YEARS OF AGE PURSUANT TO A NON-PATIENT SPECIFIC

                    REGIMEN; TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO REPORTING

                    REQUIREMENTS FOR VACCINES ADMINISTERED BY PHARMACISTS TO INDIVIDUALS

                    LESS THAN 19 YEARS OF AGE; TO AMEND CHAPTER 563 OF THE LAWS OF 2008,

                    AMENDING THE EDUCATION LAW AND THE PUBLIC HEALTH LAW RELATING TO

                    IMMUNIZING AGENTS TO BE ADMINISTERED TO ADULTS BY PHARMACISTS, IN

                    RELATION TO MAKING THE PROVISIONS PERMANENT; TO AMEND CHAPTER 116 OF

                    THE LAWS OF 2012, AMENDING THE EDUCATION LAW RELATING TO

                    AUTHORIZING A LICENSED PHARMACIST AND CERTIFIED NURSE PRACTITIONER TO

                    ADMINISTER CERTAIN IMMUNIZING AGENTS, IN RELATION TO MAKING CERTAIN

                    PROVISIONS PERMANENT; AND TO AMEND CHAPTER 21 OF THE LAWS OF 2011,

                    AMENDING THE EDUCATION LAW RELATING TO AUTHORIZING PHARMACISTS TO

                    PERFORM COLLABORATIVE DRUG THERAPY MANAGEMENT WITH PHYSICIANS IN

                    CERTAIN SETTINGS, IN RELATION TO MAKING CERTAIN PROVISIONS PERMANENT

                    (PART DD); TO AMEND THE SOCIAL SERVICES LAW, IN RELATION TO INSURANCE

                    PAYMENTS FOR INDEPENDENT PRACTITIONER SERVICES FOR INDIVIDUALS WITH

                    DEVELOPMENTAL DISABILITIES (PART EE); TO AMEND THE MENTAL HYGIENE

                    LAW, IN RELATION TO ESTABLISHING THE OFFICE OF THE INDEPENDENT

                    SUBSTANCE USE DISORDER AND MENTAL HEALTH OMBUDSMAN (PART FF); TO

                    AMEND THE MENTAL HYGIENE LAW, IN RELATION TO A CERTIFIED PEER

                    RECOVERY ADVOCATE SERVICES PROGRAM (PART GG); TO AMEND THE PUBLIC

                    HEALTH LAW, THE EXECUTIVE LAW AND THE INSURANCE LAW, IN RELATION TO

                                         11



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    SEXUAL ASSAULT FORENSIC EXAMS; AND TO REPEAL CERTAIN PROVISIONS OF THE

                    PUBLIC HEALTH LAW RELATING THERETO (PART HH); TO AMEND THE MENTAL

                    HYGIENE LAW, IN RELATION TO STATE-OPERATED INDIVIDUALIZED RESIDENTIAL

                    ALTERNATIVES; AND TO AMEND PART Q OF CHAPTER 59 OF THE LAWS OF 2016,

                    AMENDING THE MENTAL HYGIENE LAW RELATING TO THE CLOSURE OR TRANSFER

                    OF A STATE-OPERATED INDIVIDUALIZED RESIDENTIAL ALTERNATIVE, IN RELATION TO

                    THE EFFECTIVENESS THEREOF (PART II); TO AMEND THE MENTAL HYGIENE LAW,

                    THE PUBLIC HEALTH LAW AND THE EXECUTIVE LAW, IN RELATION TO

                    ESTABLISHING A TRAINING PROGRAM FOR FIRST RESPONDERS FOR HANDLING

                    EMERGENCY SITUATIONS INVOLVING INDIVIDUALS WITH AUTISM SPECTRUM

                    DISORDER AND OTHER DEVELOPMENTAL DISABILITIES (PART JJ); TO AMEND THE

                    STATE FINANCE LAW, IN RELATION TO REQUIRING BIDS SUBMITTED TO THE STATE

                    OR ANY AGENCY OR DEPARTMENT OF THE STATE TO CONTAIN A CERTIFICATION

                    CONCERNING SEXUAL HARASSMENT (SUBPART A); TO AMEND THE CIVIL

                    PRACTICE LAW AND RULES, IN RELATION TO PROHIBITING MANDATORY

                    ARBITRATION CLAUSES (SUBPART B); TO AMEND THE PUBLIC OFFICERS LAW, IN

                    RELATION TO REIMBURSEMENT OF FUNDS PAID BY STATE AGENCIES, STATE

                    ENTITIES AND PUBLIC ENTITIES FOR THE PAYMENT OF AWARDS ADJUDICATED IN

                    SEXUAL HARASSMENT CLAIMS (SUBPART C); TO AMEND THE GENERAL

                    OBLIGATIONS LAW AND THE CIVIL PRACTICE LAW AND RULES, IN RELATION TO

                    NONDISCLOSURE AGREEMENTS (SUBPART D); TO AMEND THE LABOR LAW, IN

                    RELATION TO THE ESTABLISHMENT OF A MODEL POLICY REGARDING THE

                    PREVENTION OF SEXUAL HARASSMENT AND A MODEL TRAINING PROGRAM TO

                    PREVENT SEXUAL HARASSMENT IN THE WORKPLACE (SUBPART E); AND TO AMEND

                    THE EXECUTIVE LAW, IN RELATION TO SEXUAL HARASSMENT RELATING TO

                                         12



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    NON-EMPLOYEES (SUBPART F) (PART KK); TO AMEND THE PUBLIC HEALTH

                    LAW, IN RELATION TO AUTHORIZING A VOLUNTARY PUBLIC WATER SYSTEM

                    CONSOLIDATION STUDY (PART LL); TO AMEND THE PUBLIC HEALTH LAW, IN

                    RELATION TO PHARMACY AUDITS BY PHARMACY BENEFIT MANAGERS; TO AMEND

                    THE PUBLIC HEALTH LAW, IN RELATION TO CONTRACTS BETWEEN PHARMACY

                    BENEFIT MANAGERS AND PHARMACIES; TO AMEND THE INSURANCE LAW, IN

                    RELATION TO OUTPATIENT TREATMENT; TO AMEND THE PUBLIC HEALTH LAW, IN

                    RELATION TO ESTABLISHING THE CHILDREN AND RECOVERING MOTHERS PROGRAM

                    AND A WORKGROUP TO STUDY AND EVALUATE BARRIERS AND CHALLENGES IN

                    IDENTIFYING AND TREATING EXPECTANT MOTHERS, NEWBORNS AND NEW PARENTS

                    WITH A SUBSTANCE USE DISORDER; TO AMEND THE PUBLIC HEALTH LAW, IN

                    RELATION TO SCREENING STUDENTS FOR LEAD WHEN ENROLLING IN CHILD CARE,

                    PRE-SCHOOL OR KINDERGARTEN; TO AMEND THE PUBLIC HEALTH LAW, IN

                    RELATION TO THE LEAD SERVICE LINE REPLACEMENT GRANT PROGRAM; TO

                    DIRECT THE NEW YORK STATE DEPARTMENT OF HEALTH TO CONDUCT A STUDY OF

                    THE HIGH BURDEN OF ASTHMA IN THE BOROUGHS OF BROOKLYN AND MANHATTAN

                    IN THE CITY OF NEW YORK; AND TO AMEND THE INSURANCE LAW, IN RELATION

                    TO PROVIDING COVERAGE FOR PASTEURIZED DONOR HUMAN MILK (PDHM)

                    (PART MM); AND TO AMEND THE PUBLIC HEALTH LAW AND THE STATE FINANCE

                    LAW, IN RELATION TO ENACTING THE OPIOID STEWARDSHIP ACT; AND

                    PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION THEREOF

                    (PART NN).

                                 THE CLERK WILL READ.

                                 THE CLERK:  I HEREBY CERTIFY TO AN IMMEDIATE VOTE,

                    ANDREW M. CUOMO, GOVERNOR.

                                         13



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                                 ACTING SPEAKER AUBRY:  THERE IS AN

                    AMENDMENT AT THE DESK FROM MR. DIPIETRO, WHO WILL BRIEFLY EXPLAIN

                    THE AMENDMENT WHILE THE CHAIR EXAMINES IT.

                                 MR. DIPIETRO:  MR. SPEAKER, I OFFER UP THE

                    FOLLOWING AMENDMENT, WAIVE ITS READING, MOVE ITS ADOPTION AND ASK

                    FOR AN OPPORTUNITY TO EXPLAIN IT.

                                 ACTING SPEAKER AUBRY:  THE CHAIR HAS

                    EXAMINED YOUR AMENDMENT AND FOUND IT GERMANE TO THE BILL BEFORE THE

                    HOUSE.

                                 ON THE AMENDMENT, MR. DIPIETRO.

                                 MR. DIPIETRO:  THANK YOU, MR. SPEAKER.  THE

                    AMENDMENT BEFORE US, MR. SPEAKER, WOULD PROHIBIT THE USE, WITH THREE

                    EXCEPTIONS, OF STATE MEDICAID FUNDS FOR THE PAYMENT OF ABORTIONS.

                    ONE, WHERE THE ABORTION IS NECESSARY TO SAVE THE LIFE OF THE MOTHER;

                    TWO, WHERE THE PREGNANCY IS A RESULT OF RAPE; OR THREE, WHERE THE

                    PREGNANCY IS A RESULT OF INCEST.  IN CASES OF RAPE OR INCEST, THE

                    AMENDMENT FURTHER PROVIDES THAT CERTAIN REPORTER -- REPORTING

                    REQUIREMENTS BE FULFILLED.

                                 MR. SPEAKER, I MOVE THE AMENDMENT AND ASK FOR ITS

                    ADOPTION, PLEASE.

                                 ACTING SPEAKER AUBRY:  MS. GLICK ON THE

                    AMENDMENT.

                                 MS. GLICK:  THANK YOU, MR. SPEAKER.  ON THE

                    AMENDMENT.  IN THIS INSTANCE, THE STATE HAS DETERMINED FOR MANY YEARS

                    NOW THAT MEDICAID PROVIDES THESE RESOURCES FOR WOMEN WHO CANNOT

                                         14



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    OTHERWISE AFFORD TO EXERCISE THEIR CONSTITUTIONAL RIGHT TO DETERMINE

                    WHEN OR WHETHER TO BE A PARENT.  REGARDLESS OF WHETHER ABORTION WAS

                    LEGAL OR ILLEGAL, WOMEN OF MEANS ALWAYS HAD THOSE -- THAT ABILITY.

                    THEY COULD FLY TO AN APPROPRIATE LOCATION.  THE STATE OF NEW YORK HAS

                    DETERMINED THAT WE WILL NOT DISCRIMINATE AGAINST YOUNG WOMEN AND

                    POOR WOMEN IN THEIR ABILITY TO EXERCISE THEIR CONSTITUTIONAL RIGHT TO

                    ACCESS THIS MEDICAL PROCEDURE.

                                 I URGE A VOTE NO ON THIS AMENDMENT.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. MORELLE.

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

                    THIS, LADIES AND GENTLEMEN, CONSTITUTES OUR FIRST VOTE OF TODAY, SO

                    PLEASE CAST YOUR VOTES.  AND PEOPLE WHO ARE NOT IN THE CHAMBER, WE'D

                    LOVE TO SEE YOU PLEASE COME CAST YOUR FIRST VOTE OF THE DAY.

                                 ACTING SPEAKER AUBRY:  FIRST VOTE OF THE DAY,

                    MEMBERS.  PLEASE COME TO THE CHAMBER AND CAST YOUR VOTE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE AMENDMENT IS DEFEATED.

                                 ON THE BILL, MR. OAKS.

                                 MR. OAKS:  THANK YOU.  IF THE CHAIRWOMAN WOULD

                    YIELD, PLEASE.

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN, WILL

                                         15



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    YOU YIELD?

                                 MS. WEINSTEIN:  YES, I'D BE HAPPY TO.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MR. OAKS:  HELENE, JUST A FEW QUESTIONS ABOUT

                    MEDICAID AND -- THE -- THE TOTAL COST IN THIS BUDGET TO THE STATE FOR

                    MEDICAID THIS YEAR, DO WE HAVE THOSE NUMBERS?

                                 MS. WEINSTEIN:  YES.  THE TOTAL MEDICAID

                    EXPENDITURES ARE PROJECT -- ARE PROJECTED TO TOTAL $72.5 BILLION.

                                 MR. OAKS:  AND WHERE DOES THAT COME OUT IN

                    COMPARISON TO THE EXECUTIVE'S ORIGINAL PROPOSAL?

                                 MS. WEINSTEIN:  IT'S -- IT'S -- OH, YES.  IT'S ABOUT

                    $88 MILLION ABOVE THE GOVERNOR'S PROPOSAL, REFLECTING VARIOUS

                    MEDICAID RESTORATIONS.

                                 MR. OAKS:  ONE -- ONE OF THE THINGS -- THERE WERE,

                    JUST IN MY BRIEF REVIEW OF IT, THERE WERE QUITE A FEW CHANGES THAT HAVE

                    BEEN PROPOSED WITHIN MEDICAID IN TERMS OF INTENTIONALLY, LIKE,

                    OMITTING SOME OF THE MRT PROPOSALS.  HOW DO WE GET TO THE POINT IF

                    WE'RE OMITTING ALL THOSE -- WHICH A LOT OF THOSE WERE COST SAVINGS --

                    HOW DO WE STILL GET TO BASICALLY BEING PRETTY CLOSE TO WHAT THE -- THE

                    GOVERNOR PROPOSED?

                                 MS. WEINSTEIN:  WE -- WE -- WELL, FIRST OF ALL,

                    THERE -- WE DID FIND ADDITIONAL SAVINGS IN SOME REESTIMATES OF

                    MEDICAID, BUT THERE ALSO WERE RESTORATIONS THAT WERE AGREED TO --

                    RESTORATIONS FROM LAST YEAR'S -- THAT WERE IN LAST YEAR'S BUDGET THAT WERE

                    AGREED TO; SOME IN THE PHARMACY PRESCRIBER PREVAILS RESTORATION, FOR

                                         16



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    EXAMPLE.  WE RESTORED SPOUSAL PROTECTIONS FOR COMMUNITY SPOUSES TO

                    PREVENT IMPOVERISHMENT.  WE MADE MANY CHANGES, MANY RESTORATIONS

                    FOR -- IN THE TRANSPORTATION AREA.  SO WHEN YOU START TO ADD UP SOME OF

                    -- SOME OF THOSE, WE COME UP WITH $148 MILLION IN RESTORATIONS.

                    THERE'S $30 MILLION IN SUPPORT FOR SAFETY NET HOSPITALS, AND $183

                    MILLION IN OFFSETTING REDUCTIONS.  THAT'S HOW WE STAY PRETTY CLOSE TO

                    WHERE THE GOVERNOR WAS.

                                 MR. OAKS:  SO, YOU'RE CONFIDENT THAT THOSE NUMBERS

                    ARE GOOD.  AND I -- I KNOW THERE IS A GLOBAL CAP.  ARE WE STAYING WITHIN

                    THAT AS WELL IN THESE...

                                 MS. WEINSTEIN:  YES, ABSOLUTELY WITHIN THE GLOBAL

                    CAP.

                                 MR. OAKS:  CERTAINLY FOR COUNTY GOVERNMENTS,

                    MEDICAID, THE LOCAL COST TO MEDICAID, IS A MAJOR BURDEN, EVEN THOUGH

                    WE'VE OVER THE LAST NUMBER OF YEARS TAKEN SOME STEPS TO FREEZE COSTS

                    AND TO LIMIT THE COSTS AT FIRST AND THEN TO FREEZE IT.  BUT THERE ARE SOME

                    PRO -- PROPOSALS BOTH IN YOUR SIDE OF THE AISLE AND ON OUR SIDE OF THE

                    AISLE WHICH WOULD ACTUALLY HAVE THE STATE MOVE TO TAKE AWAY THOSE

                    COSTS.  THERE HAVE BEEN SOME ESTIMATES, SOMEWHERE BETWEEN 45 AND

                    50 CENTS OF LOCAL COUNTY TAX DOLLARS GOING FOR THAT MEDICAID COST.  AND

                    SO, WERE THERE DISCUSSIONS ABOUT THAT?  YOU KNOW, IS THAT SOMETHING

                    THAT AT LEAST WAS PART OF THE CONVERSATION?  I KNOW IT DIDN'T MAKE IT

                    HERE, BUT ONE THAT WE OUGHT TO -- OR WE HAVE A CHANCE TO MAKE A

                    DIFFERENCE, HOPEFULLY, GOING FORWARD.

                                 MS. WEINSTEIN:  AS -- AS YOU AND OTHERS MAY

                                         17



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    RECALL, IN OUR -- WHEN THIS ISSUE CAME UP AS WE WERE DEBATING OUR --

                    OUR ONE-HOUSE ASSEMBLY PROPOSAL AND WE DISCUSSED IN HOW --

                    BECAUSE OF THE -- FIRST THE TAKEOVER OF ELIMINATING THE COST OF COUNTIES

                    OF JUST 3 PERCENT YEAR OVER YEAR, AND THEN SEVERAL YEARS AGO TAKING ALL

                    OF THE COSTS ABOVE THAT -- THAT LEVEL ON BEHALF OF THE STATE, ASSUMING ALL

                    OF THOSE COSTS WE WOULD SAVE THE LOCALITIES APPROXIMATELY $3 BILLION

                    CUMULATIVELY TO ENACT A PROPOSAL THAT WOULD FULLY TAKE OVER THE

                    COUNTY'S SHARE, THE LOCALITY'S SHARE OF MEDICAID, WOULD BE OVER $7

                    BILLION AND IT JUST ISN'T THE -- DESPITE WHATEVER DESIRES EXIST, THERE JUST

                    AREN'T THE FINANCES TO BE ABLE TO DO THAT.

                                 MR. OAKS:  MY -- MY HOPE WOULD BE AS -- AS WE GO

                    AFFORD THAT WE MIGHT HAVE, YOU -- YOU KNOW, THAT A PHASE-IN OF THAT

                    THAT DOESN'T MAKE IT QUITE AS BURDENSOME TO THE STATE INITIALLY, BUT

                    SOMETHING WHERE WE GET TO THAT POINT.  BUT THANK YOU VERY MUCH,

                    CHAIRWOMAN.

                                 MS. WEINSTEIN:  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. RAIA.

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

                    CHAIRWOMAN -- WELL, SHE'S ALREADY RISED (SIC) -- WOULD YOU YIELD FOR A

                    COUPLE OF QUESTIONS?

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN --

                                 MS. WEINSTEIN:  I'D BE HAPPY TO.

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN WILL

                    YIELD.

                                 MS. WEINSTEIN:  WE'RE TRYING TO MOVE THIS PROCESS

                                         18



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    ALONG.

                                 MR. RAIA:  I'M GAME ON THAT, ALTHOUGH I DO HAVE

                    SOME QUESTIONS, SO --

                                 MS. WEINSTEIN:  NO PROBLEM.

                                 MR. RAIA:  -- I HOPE YOU HAD A GOOD STRONG CUP OF

                    COFFEE.

                                 MS. WEINSTEIN:  NOT FOR 30 YEARS.

                                 MR. RAIA:  WE'LL START WITH THE EASY -- WE'LL START

                    WITH THE EASY ONES AND -- AND MOVE OUR WAY TO THE MORE -- THE MORE

                    LENGTHY ONES.  LET'S TALK ABOUT THE 2 PERCENT REDUCTION IN FUNDING FOR

                    POOR-PERFORMING -- POOR-PERFORMING NURSING HOMES.  WHAT HAVE WE

                    DONE IN THAT VERSUS THE GOVERNOR'S ORIGINAL PROPOSAL?  WHAT'S THE

                    DIFFERENCE?  HAVE WE MADE ANY CHANGES TO THE EXECUTIVE PROPOSAL?

                                 MS. WEINSTEIN:  SO, WE DO REQUIRE THERE TO BE A --

                    A WAIVER FOR FINANCIALLY-DISTRESSED FACILITIES, SO THE 2 PERCENT WILL ONLY

                    BE -- A PENALTY WILL ONLY BE ASSESSED AGAINST FACILITIES THAT CAN HANDLE

                    THAT WITHIN THEIR FINANCIAL SITUATION.

                                 MR. RAIA:  AND THIS IS A JUDGMENT CALL SOLELY BY THE

                    HEALTH COMMISSIONER?

                                 MS. WEINSTEIN:  YES.

                                 MR. RAIA:  AND WHAT -- WHAT DETERMINES WHAT

                    EXTREME FINANCIAL DISTRESS IS?  YOU KNOW, WHAT'S -- WHAT'S -- MY GUESS

                    IS WHAT -- WE -- WE MAKE THOSE ASSESSED JUDGMENT CALLS ALL THE TIME

                    HERE.

                                 MS. WEINSTEIN:  WELL, WE -- WE DID TAKE OUT THE

                                         19



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    TERM OF "EXTREME" --

                                 MR. RAIA:  OKAY.

                                 MS. WEINSTEIN:  -- SO THAT'S IT'S FINANCIALLY

                    DISTRESSED, SO I THINK IT'S -- IT'S A --

                                 MR. RAIA:  IT'S A STEP IN THE RIGHT DIRECTION.

                                 MS. WEINSTEIN:  IT'S A MORE HELPFUL SITUATION FOR

                    FACILITIES IN THAT -- IN THAT SITUATION.

                                 MR. RAIA:  ALL RIGHT.  THANK YOU.  A STEP -- A STEP IN

                    THE RIGHT DIRECTION.

                                 CAN WE TALK ABOUT LHCSAS, LICENSED HOME CARE

                    SERVICE AGENCY CONTRACTS?

                                 MS. WEINSTEIN:  YES.  CERTAINLY.

                                 MR. RAIA:  I KNOW WHEN WE WERE TALKING ABOUT THE

                    ONE-HOUSE, I -- I RAISED SOME CONCERN WITH RESPECTS TO PRIVATE PAY, AND

                    AS YOU KNOW, PRIVATE PAY LHCSAS GET ZERO DOLLARS FROM THE

                    GOVERNMENT.  ARE THEY A PART OF THE MORATORIUM, THE TWO-YEAR

                    MORATORIUM?

                                 MS. WEINSTEIN:  YES, THEY ARE.

                                 MR. RAIA:  WHY?

                                 MS. WEINSTEIN:  IT -- IT IS JUST DIFFICULT TO SEPARATE

                    AND -- OUT THE PRIVATE PAY FOR -- WITH THE MEDICAID --

                                 MR. RAIA:  WELL, I --

                                 MS. WEINSTEIN:  SINCE IT'S JUST LICENSED TO OPERATE,

                    IT'S HARD TO FIGURE OUT ANOTHER SOURCE --

                                 MR. RAIA:  I -- I -- I GET IT, BUT WE'RE TELLING A

                                         20



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    BUSINESS IN NEW YORK STATE THAT GETS ZERO GOVERNMENT FUNDS THAT

                    OBVIOUSLY THEY'RE NOT GOING TO OPEN UNLESS THERE'S A NEED, AND YOU

                    WANT TO KEEP PEOPLE IN THEIR HOMES AS LONG AS POSSIBLE.  AND IF PEOPLE

                    HAVE THE ABILITY TO PAY FOR THAT SERVICE, WHO ARE WE TO TELL A BUSINESS

                    THAT DOESN'T GET ANY GOVERNMENT FUNDING THAT, SORRY, YOU'RE OUT OF

                    LUCK?

                                 MS. WEINSTEIN:  THAT'S -- THIS IS WHERE WE LANDED.

                    YOU KNOW, THESE FACILITIES ARE ELIGIBLE TO APPLY FOR -- TO SERVE

                    MEDICAID CLIENTS.

                                 MR. RAIA:  BUT THEY DON'T WANT TO SERVE MEDICAID.

                    THEY -- THEY HAVE FOUND OUT THAT THERE'S PLENTY OF PEOPLE OUT THERE THAT

                    WILL GLADLY PAY FOR A SERVICE WITHOUT ZERO GOVERNMENT INTERVENTION.

                                 MS. WEINSTEIN:  YOU KNOW, IN OTHER ARE -- AREAS

                    WE DON'T DIFFERENTIATE BY -- BY PAIRS, SO THAT'S -- THIS IS WHERE WE

                    LANDED.

                                 MR. RAIA:  OKAY.  IT'S THE REASON WHY -- ONE OF THE

                    REASONS WHY NEW YORK IS ONE OF THE WORST PLACES TO DO BUSINESS WITH.

                                 MOVING ON, WHAT IS THE OPIOID STEWARD --

                    STEWARDSHIP ACT?

                                 MS. WEINSTEIN:  SO, THIS IS AN ALTERNATIVE TO THE

                    ORIGINAL PROPOSAL OF AN OPIOID SURCHARGE, AND IT WILL GENERATE $100

                    MILLION.  THERE IS AN ASSESSMENT BASED ON THE VOLUME OF BUSINESS THAT

                    THE MANUFACTURER DOES IN THE STATE, AND IT WILL BE PAID BY THE ENTITIES

                    MAKING THE FIRST SALE OF OPI -- OPIOIDS INTO NEW YORK STATE, AS I SAID,

                    BASED ON THEIR VOLUME OF CHEM -- OF MEDICINE SOLD IN THE PRIOR YEAR.

                                         21



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                                 MR. RAIA:  NOW, WHO'S PAYING THIS?  MANUFACTURERS

                    AND DISTRIBUTORS, RIGHT?

                                 MS. WEINSTEIN:  YES.

                                 MR. RAIA:  DO YOU HAVE AN ESTIMATE ON THE NUMBER

                    OF MANUFACTURERS AND DISTRIBUTORS THAT WILL BE IMPACTED BY NOW -- AND

                    -- AND AN ASSESSMENT, THAT'S ANOTHER WORD FOR TAX, RIGHT?

                                 MS. WEINSTEIN:  NO.  WE DON'T HAVE A NUMBER ON

                    HOW MANY MANUFACTURERS OR DISTRIBUTORS WILL BE IMPACTED, BUT THE

                    EXECUTIVE HAS -- HAS ESTIMATED THAT IT WILL GENERATE THE $100 MILLION,

                    PROJECTED $100 MILLION IN REVENUE.

                                 MR. RAIA:  SO, WE DON'T KNOW HOW MANY THERE ARE.

                    WE DON'T KNOW HOW MANY MILLIGRAMS THEY ALL, YOU KNOW, WILL BE

                    SELLING AND, YET, SOMEHOW WE DETERMINE THERE'S GOING TO BE A $100

                    MILLION CASH FUND OUT OF THIS?

                                 MS. WEINSTEIN:  RIGHT.

                                 MR. RAIA:  AND IF I'M NOT MISTAKEN, IT'S NO LONGER

                    FIRST SALE, CORRECT?  THAT WAS TAKEN OUT?

                                 MS. WEINSTEIN:  NO, IT IS -- IT IS STILL THE FIRST SALE.

                    YOU KNOW JUST TO -- THE CONCEPT IS THAT WE ARE LOOKING TO GENERATE

                    $100 MILLION, SO I COULDN'T TELL YOU EXACTLY WHAT THE NUMBER WILL BE ON

                    ANY INDIVIDUAL SET OF VOLUME OF SALES BECAUSE THE IDEA IS TO TRY AND

                    GENERATE THAT $100 MILLION.  SO I THINK THERE MAY BE SOME FLUCTUATION

                    YEAR TO YEAR.

                                 MR. RAIA:  NOW, SO YOU'RE SAYING IT'S STILL FIRST SALE.

                    I'M NOT SO SURE THAT'S THE CASE.  IF THAT'S THE CASE, WILL INDIVIDUAL

                                         22



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    PHARMACIES BE NEGATIVELY IMPACTED BY THIS PROPOSAL?  BECAUSE IN

                    MANY INSTANCES THEY COULD BE DEFINED AS DISTRIBUTORS.

                                 MS. WEINSTEIN:  NO.  IT'S CERTAINLY NOT THE -- NOT

                    THE INTENTION.

                                 MR. RAIA:  WELL, IT'S NEVER THE INTENT TO DO

                    SOMETHING THAT WE OFTEN FIND OURSELVES BACK FIXING.  OKAY, HOW ABOUT

                    THIS ONE?  ARE THERE ANY INSTANCES IN WHICH LICENSEES COULD BE BOTH A

                    MANUFACTURER AND A DISTRIBUTOR?  I CAN THINK OF A COUPLE.

                                 MS. WEINSTEIN:  IT -- IT, YOU KNOW, CERTAINLY IT

                    COULD BE POSSIBLE.

                                 MR. RAIA:  AND WOULD THEY THEN BE STUCK PAYING

                    THE TAX TWICE?

                                 MS. WEINSTEIN:  SINCE IT'S ON THE FIRST -- THE FIRST

                    SALE IN THE STATE, I THINK IT WOULD BE -- I WOULD TELL YOU I WOULD BELIEVE

                    THAT THEY WOULD NOT BE -- HAVE TO PAY THIS ASSESSMENT TWICE.

                                 MR. RAIA:  BUT WE REALLY DON'T KNOW.

                                 MS. WEINSTEIN:  IT'S -- IT'S CERTAINLY NOT THE

                    INTENTION.

                                 MR. RAIA:  GOTCHA.  WHAT ABOUT MAIL ORDER?

                                 MS. WEINSTEIN:  NO.  I DON'T BELIEVE SO.

                                 MR. RAIA:  SO, YOU'RE TELLING ME A WAY AROUND -- SO

                    A PATIENT THAT MAIL ORDERS THAT MIGHT BE ON MAINTENANCE OPIOIDS THAT

                    MAIL ORDERS IT, THEY'RE NOT GOING TO THEN BECOME THE FIRST POINT OF SALE?

                                 MS. WEINSTEIN:  NO, BECAUSE IT'S ONLY ON

                    DISTRIBUTORS -- ON MANUFACTURERS AND DISTRIBUTORS.

                                         23



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                                 MR. RAIA:  AND THOSE DISTRIBUTORS THAT ARE MAILING

                    INTO THE STATE, WE'RE NOT GOING TO TRY AND GO AFTER THEM?

                                 MS. WEINSTEIN:  AND -- AND -- AND JUST -- YOU

                    KNOW, I --I KNOW YOU HAVEN'T ASKED, BUT THERE IS A $1 MILLION PENALTY

                    IF --

                                 MR. RAIA:  THAT'S -- I'M GETTING TO THAT.

                                 MS. WEINSTEIN:  OKAY.

                                 (LAUGHTER)

                                 WELL, LET ME FINISH -- I CAN FINISH THE SENTENCE SO WE

                    --

                                 MR. RAIA:  PLEASE.  PLEASE.

                                 MS. WEINSTEIN:  -- DON'T KEEP EVERYBODY

                    WONDERING.

                                 MR. RAIA:  THANK YOU.

                                 MS. WEINSTEIN:  THERE'S A $1 MILLION PENALTY IF A

                    MANUFACTURER OR DISTRIBUTOR PASSES ON THOSE COSTS TO INDIVIDUALS.

                                 MR. RAIA:  WELL, THAT'S -- ULTIMATELY IT'S $1 MILLION

                    -- NO, UP TO $1 MILLION.

                                 MS. WEINSTEIN:  UP TO $1 MILLION.

                                 MR. RAIA:  IT'S IDEALLY $1,000 PER DAY.  NOW, HOW

                    ON EARTH ARE WE GOING TO DETERMINE WHETHER OR NOT THESE COSTS ARE

                    BEING TURNED -- TURNED UP, PASSED ON TO THE CONSUMER?  BECAUSE,

                    OBVIOUSLY, COSTS GO UP.  CERTAINLY EVEN HERE, YOU KNOW, EVERY YEAR OUR

                    -- OUR COSTS GO UP.  BUSINESS -- THE COST OF BUSINESS GOES UP.  SO HOW,

                    IN FACT, ARE WE GOING TO DETERMINE THAT THAT INCREASE IS NOT AS A RESULT OF

                                         24



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    -- OF GENERAL BUSINESS PRACTICES AND, INSTEAD, MIGHT BE JUST A WAY TO --

                    TO RECOUP THAT TAX?

                                 MS. WEINSTEIN:  WELL, THE -- THE LANGUAGE DOES

                    SAY THAT THE ASSESSMENT WOULD BE PROHIBITED FROM BEING PASSED ALONG

                    TO CONSUMERS.  AND AS I SAID, A PEN -- FINANCIAL PENALTY OF ROUGHLY

                    $1 MILLION PER -- PER INCIDENT WOULD BE LEVIED FOR ATTEMPTING TO PASS

                    ALONG THE COST OF THE ASSESSMENT TO DOWNSTREAM PURPOSES.

                                 MR. RAIA:  BUT AGAIN, WHO DETERMINES THAT?  WHO

                    DETERMINES THAT AN INCREASE IN COSTS IS -- MIGHT BE BUSINESS-RELATED

                    VERSUS AN INCREASE IN A TAX THAT IS CAUSING THAT?

                                 MS. WEINSTEIN:  RIGHT.  WELL, YOU KNOW, THE

                    DEPARTMENT OF HEALTH IS GOING TO HAVE THE OVERSIGHT, AND I THINK THAT'S

                    SOMETHING THEY COULD DETERMINE.

                                 MR. RAIA:  THAT JUST -- YEAH, OKAY.  IF YOU SAY SO.

                    BUT I'M A LITTLE CONCERNED ABOUT ONE GOVERNMENT AGENCY DETERMINING

                    THE PROFITABILITY OF -- OF A PARTICULAR COMPANY.  SO, IN ORDER TO

                    DETERMINE THAT ARE BUSINESSES THAT ARE SUBJECT TO PAYING THIS TAX GOING

                    TO NOW HAVE TO JUSTIFY ANY INCREASES THAT THEY DO?  IN OTHER WORDS, IS --

                    ARE WE NOW GOING TO BE IN THE BUSINESS OF -- OF -- OF GOING THROUGH

                    BUSINESSES' BOOKS TO DETERMINE WHETHER OR NOT THAT WAS A LEGITIMATE

                    INCREASE IN THE COST OF DOING BUSINESS?

                                 MS. WEINSTEIN:  WELL, THE COMPANIES ARE REQUIRED

                    TO ANNUALLY REPORT DATA ON THE OPIOID SALES, AND I THINK THE DEPARTMENT

                    OF HEALTH WILL EXAMINE LOTS OF -- EXAMINE THIS DATA AND LOOK FOR

                    PATTERNS IF -- - IF, IN FACT, THEY THINK THERE ARE COSTS BEING PASSED ON BY

                                         25



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    AN INDIVIDUAL DISTRIBUTOR OR MANUFACTURER TO CONSUMERS.

                                 MR. RAIA:  NOW, THE GUESSTIMATE IS $1 MILLION -- OR

                    NO, THAT'S THE FINE, NEVER MIND.  WE'RE PREDICTING WE'RE GOING TO RAISE

                    WHAT, HOW MUCH?

                                 MS. WEINSTEIN:  $100 MILLION.

                                 MR. RAIA:  $100 MILLION.  WHERE'S THAT ALL -- WHERE'S

                    THAT $100 MILLION GOING?

                                 MS. WEINSTEIN:  WELL, IT -- IT WILL BE USED TO HELP

                    SUPPORT OUR OASAS TREATMENT, PREVENTION, RECOVERY SERVICES FOR

                    SUBSTANCE ABUSE.

                                 MR. RAIA:  ALL OF IT?

                                 MS. WEINSTEIN:  RIGHT.  IT -- WE'VE INCREASED THOSE

                    SERVICES OVER THE LAST HANDFUL OF YEARS, SO EVEN THOUGH THE DOLLARS

                    THEMSELVES WILL GO INTO THE GENERAL FUND, THEY WILL BE SUPPORTING OUR

                    INCREASE OASAS TREATMENT AND PREVENTION SERVICES.

                                 MR. RAIA:  OH, BOY.  THAT KIND OF SCARES ME

                    WHENEVER WE PUT SOMETHING IN THE GENERAL FUND.  SO, BASICALLY, WHAT

                    YOU'RE TELLING ME IS THIS IS JUST GOING TO BE A SWAP.

                                 MS. WEINSTEIN:  WE ARE ADDING -- WE ARE ADDING

                    THIS -- ENACTING THIS ASSESSMENT SO WE CAN HAVE THE FUNDS NECESSARY TO

                    PAY FOR THESE TREATMENT SERVICES.

                                 MR. RAIA:  I -- WELL, I GET THAT.  WELL, SO LET ME JUST

                    GET THIS STRAIGHT.  SO WE'RE NOT SURE ALL $100 MILLION IS GOING TO GO TO

                    TREATING THE EPIDEMIC THAT WE HAVE IN OPIOID ABUSE?  WELL, I CALL IT A

                    "PANDEMIC," ACTUALLY.

                                         26



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                                 MS. WEINSTEIN:  WELL, BY SPENDING THIS $100

                    MILLION ON THESE SERVICES, IT CAN FREE UP SOME --

                                 MR. RAIA:  BUT THERE'S --

                                 MS. WEINSTEIN:  -- OTHER DOLLARS.

                                 MR. RAIA:  -- IF IT GOES INTO THE GENERAL FUND,

                    THERE'S NO -- IN OTHER WORDS, THIS $100 MILLION'S --

                                 MS. WEINSTEIN:  IT CAN OFFSET --

                                 MR. RAIA:  -- NOT GOING INTO A LOCKBOX, RIGHT?

                                 MS. WEINSTEIN:  NO, BUT IT WILL -- CAN BE USED TO

                    OFFSET CURRENT SPENDING ON SOME OF THESE SERVICES, SO --

                                 MR. RAIA:  WELL, WHY ARE WE OFF --

                                 MS. WEINSTEIN: -- IT WILL BE, IN FACT, DEDICATED TO

                    THESE SERVICES.

                                 MR. RAIA:  WHY ARE WE OFFSETTING CURRENT SERVICES?

                    SHOULDN'T WE BE INCREASING SERVICES?

                                 MS. WEINSTEIN:  RIGHT.  YOU KNOW, I MEAN, THIS IS

                    THE GOVERNOR'S PROPOSAL.  THIS WAS THE AGREED-UPON END RESULT OF THE

                    THREE-WAY NEGOTIATION.

                                 MR. RAIA:  WELL, WHICH MEANS IF IT'S AN AGREED-UPON

                    THREE-WAY, THEN WE OWN IT JUST AS MUCH AS THE SENATE AND JUST AS MUCH

                    AS THE GOVERNOR.  WE COULD HAVE -- THE SENATE PUT FORTH A PROPOSAL THAT

                    DID AWAY WITH THIS.  WE CHOSE, IN THIS HOUSE --

                                 MS. WEINSTEIN:  AND THEN -- AND THEN WE WOULD

                    HAVE A -- A -- A DEFICIT THAT WE WOULD NOT BE ABLE TO FUND --

                                 MR. RAIA:  SO, THEREFORE --

                                         27



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                                 MS. WEINSTEIN:  -- MIGHT NOT BE ABLE TO FUND THESE

                    SERVICES.

                                 MR. RAIA:  -- IT IS ACTUALLY A TAX.  IT'S NOT AN

                    ASSESSMENT.

                                 MS. WEINSTEIN:  I DON'T THINK --

                                 MR. RAIA:  OKAY.

                                 MS. WEINSTEIN:  -- IT'S AN ASSESSMENT.  I DON'T THINK

                    OTHERS WOULD --

                                 MR. RAIA:  A FEE IS ANOTHER THREE-LETTER WORD FOR

                    TAX.  AN ASSESSMENT'S A TAX.  IF YOU GOT TO PAY IT, IT'S A TAX.  BUT I -- I -- I

                    UNDERSTAND HOW -- HOW WE PLAY WITH WORDS HERE IN THE HOUSE.

                                 THANK YOU, CHAIR --

                                 MS. WEINSTEIN:  SURE.

                                 MR. RAIA:  I KNOW THIS IS A COMPLEX QUESTION, AND --

                    AND, YOU KNOW, TOPIC AND YOU'VE DONE A WONDERFUL JOB DEFENDING

                    SOMETHING THAT -- ON THE BILL, MR. SPEAKER -- DEFENDING SOMETHING THAT

                    I THINK WE'RE JUST MAKING IT UP AS WE GO ALONG.  I -- I MEAN, JUST MY

                    MEMO EXPLAIN -- TRYING TO EXPLAIN THIS IS TWO PAGES LONG, AND TRYING TO

                    WORK THIS OUT IS GOING TO BE IMPOSSIBLE.  BOTTOM LINE IS, THE

                    ASSESSMENT'S UNWORKABLE.  IT'S GOING TO BE AN IMPEDIMENT TO -- TO THOSE

                    INDIVIDUALS, WHETHER THEY BE CANCER VICTIMS, WHETHER THEY BE

                    POST-OPERATIVE.  IN THE END, THE PATIENT IS GOING TO BE PAYING THIS,

                    BECAUSE THERE IS NO WAY THAT THE -- THAT THE HEALTH DEPARTMENT IS GOING

                    TO DETERMINE WHAT THE DIFFERENCE IS BETWEEN A LEGITIMATE INCREASE IN

                    BUSINESS COSTS VERSUS A TAX.  YOU KNOW, ULTIMATELY, WE -- WE DON'T

                                         28



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    KNOW HOW MANY OR -- HOW MANY MANUFACTURERS AND DISTRIBUTORS WE'RE

                    TAKING ABOUT.  WE DON'T KNOW HOW MANY -- WELL, WE DO THAT THEY

                    EMPLOY THOUSANDS OF PEOPLE.

                                 THANK YOU, MR. SPEAKER.  I'M SURE WE'RE GOING TO BE

                    REVISITING THIS TOPIC IN THE YEARS TO COME.

                                 ACTING SPEAKER AUBRY:  MS. WALSH.

                                 MS. WALSH:  THANK YOU, MR. SPEAKER.  WILL THE

                    SPONSOR YIELD FOR A FEW QUESTIONS?  WILL MS. WEINSTEIN YIELD?

                                 MS. WEINSTEIN:  PLEASED TO.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MS. WALSH:  THANK YOU.  THE QUESTIONS I'D LIKE TO

                    TALK TO YOU ABOUT HAVE TO DO WITH THE PORTION IN PART KK, THE SEXUAL

                    HARASSMENT IN THE WORKPLACE SECTION.

                                 MS. WEINSTEIN:  SURE.

                                 MS. WALSH:  SO, FIRST OF ALL, THE -- IN SUBPART C,

                    HAVING TO DO WITH THE REIMBURSEMENT OF FUNDS PAID BY STATE AGENCIES

                    AND STATE ENTITIES FOR THE PAYMENT OF AWARDS ADJUDICATED IN SEXUAL

                    HARASSMENT CLAIMS, WOULD YOU PLEASE CLARIFY THAT THAT REIMBURSEMENT

                    PROCESS WILL ONLY BE FOLLOWED WHEN THERE'S ACTUALLY BEEN A FINAL

                    ADJUDICATION, RATHER THAN A SETTLEMENT OF THE MATTER.  IS THAT CORRECT?

                                 MS. WEINSTEIN:  CORRECT.

                                 MS. WALSH:  OKAY.  SO, THE SECOND QUESTION I HAVE

                    FOR YOU RELATES TO SUBPART F, WHICH -- LET ME GET IT IN FRONT OF ME -- OH,

                    WHICH TALKS ABOUT NON-EMPLOYEES BEING PROTECTED FROM SEXUAL

                    HARASSMENT.  NOW, IT SAYS THAT NON-EMPLOYEES WILL BE PROTECTED FROM

                                         29



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    SEXUAL HARASSMENT, BUT THOSE PROTECTIONS ONLY RUN ONE WAY, CORRECT?

                                 MS. WEINSTEIN:  CAN YOU JUST CLARIFY WHAT YOU

                    MEAN BY -- BY "ONE WAY"?

                                 MS. WALSH:  IN OTHER WORDS, IF THE -- IF YOU HAVE,

                    FOR EXAMPLE, SOMEBODY -- A NON-EMPLOYEE WHO IS COMING INTO THE

                    WORKPLACE TO DO -- TO FIX A XEROX MACHINE -- IF THEY STILL DO THAT

                    ANYMORE -- OR BRING WATER INTO THE WORKPLACE, AND THAT INDIVIDUAL

                    HARASSES AN EMPLOYEE.  THAT IS NOT COVERED BY THIS LANGUAGE; IS THAT

                    CORRECT?

                                 MS. WEINSTEIN:  THIS WOULD -- FOR -- YOU KNOW, I

                    THINK IT MAY BE THE REVERSE OF WHAT YOU'RE SAYING.

                                 MS. WALSH:  OKAY.

                                 MS. WEINSTEIN:  THIS RELATES TO EMPLOYERS OR

                    SUPERVISORS WHO SHOULD HAVE KNOWN THAT NON-EMPLOYEE -- THAT THE

                    NON-EMPLOYEE WAS SUBJECTED TO SEXUAL HARASSMENT.  SO YOU'RE ASKING

                    IF THE NON-EMPLOYEE IS THE HARASSER?  IS THAT --

                                 MS. WALSH:  OR IS IT -- OR IS IT THE REVERSE, WHERE

                    THE --

                                 MS. WEINSTEIN:  THIS IS WHERE THE NON-EMPLOYEE

                    IS SUBJECTED TO HARASSMENT, THAT THE SECTION RELATES TO.

                                 MS. WALSH:  OKAY.  SO, THE -- AN EMPLOYEE OF A

                    COMPANY HARASSES SOMEBODY COMING INTO THE WORKPLACE WHO IS A

                    NON-EMPLOYEE --

                                 MS. WEINSTEIN:  CORRECT.

                                 MS. WALSH:  THAT WOULD BE COVERED BY THIS -- BY

                                         30



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    THIS LANGUAGE.

                                 MS. WEINSTEIN:  YES.

                                 MS. WALSH:  OKAY.  THANK YOU FOR THAT

                    CLARIFICATION.  SO, THIS POLICY ONLY ADDRESSES SEXUAL HARASSMENT,

                    THOUGH, CORRECT?

                                 MS. WEINSTEIN:  YES, CORRECT.

                                 MS. WALSH:  SO, OTHER FORMS OF HARASSMENT -- AGE,

                    RACE, DISABILITY, DISCRIMINATION -- THOSE THINGS FALL OUTSIDE OF THIS

                    POLICY, CORRECT?

                                 MS. WEINSTEIN:  CORRECT.  I MEAN, CLEARLY, THAT

                    WAS SOMETHING THAT IN OUR ONE-HOUSE WE HAD TRIED TO GET A BROADER

                    DEFINITION, BUT WE AGREED FOR THE PURPOSES OF THIS BUDGET TO JUST LIMIT TO

                    SEXUAL HARASSMENT.  I -- I THINK WE'LL BE TRYING TO ADDRESS SOME OF THOSE

                    OTHER ISSUES POST-BUDGET.

                                 MS. WALSH:  VERY GOOD.

                                 MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MADAM.

                                 MS. WALSH:  AS -- AS A WOMAN, AS AN ATTORNEY WHO,

                    IN MY EARLIER YEARS OF PRACTICE, REPRESENTED WOMEN WHO HAD BEEN

                    SEXUALLY HARASSED IN THE WORKPLACE, I WAS VERY GRATIFIED TO SEE THIS

                    MAKE ITS WAY INTO THIS BILL.  I KNOW THAT WE'VE NOTICED THAT A LOT OF THE

                    MORE POLICY-SUBSTANTIVE PROVISIONS WERE TAKEN OUT OF A NUMBER OF THE

                    BILLS THAT WE'VE SEEN.  I'M VERY GRATEFUL TO SEE THAT THIS MADE ITS WAY

                    INTO THE FINAL BILL.  AND DESPITE SOME OF THE -- THE ISSUES AND

                    CLARIFICATIONS THAT YOU GRACIOUSLY ANSWERED WHICH, TO ME, REPRESENT

                                         31



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    ADDITIONAL ROOM FOR IMPROVEMENT OR MOVEMENT FORWARD IN -- IN THE

                    COMING YEARS, I THINK THAT THIS IS AN EXTREMELY IMPORTANT FIRST STEP.

                    AND I'M -- I -- I CAN'T GUARANTEE HOW I'LL SUPPORT THE ENTIRE BILL, BUT AT

                    LEAST AS TO THIS PORTION, I'M VERY GLAD FOR IT.

                                 SO, THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MR. PALMESANO.

                                 MR. PALMESANO:  YES, MR. SPEAKER.  WILL THE

                    CHAIRWOMAN YIELD FOR ONE QUICK QUESTION?

                                 ACTING SPEAKER AUBRY:  WILL YOU YIELD?

                                 MS. WEINSTEIN:  SURELY.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MR. PALMESANO:  THANK YOU.  I -- THIS IS KIND OF

                    -- IT MIGHT BE AN OBSCURE PART OF THE BUDGET, AND -- AND IF YOU'RE NOT

                    SURE RIGHT AWAY, YOU KNOW, I'D LOVE TO HAVE SOME FOLLOW-UP ON IT LATER.

                    BUT I KNOW IN -- IN THE -- IN THE ONE-HOUSE BUDGETS, THE SENATE

                    INCLUDED A PROVISION THAT WOULD DESIGNATE EMER -- ORGAN DONATION

                    VEHICLES AS EMERGENCY OR AUTHORIZATION VEHICLES.  I KNOW OUR

                    ASSEMBLY ONE-HOUSE BUDGET DID NOT INCLUDE THAT.  THE REASON I'M

                    ASKING THE QUESTION WAS, DO WE KNOW IF THIS MIGHT BE IN THIS BILL OR

                    WOULD THAT -- WOULD IT MIGHT HAVE BEEN IN THE TED BILL OR MIGHT THAT

                    BE COMING FURTHER?  IS THAT PART OF THE DISCUSSIONS OR IS THAT OUT ALL

                    TOGETHER?  AND IF WE DON'T KNOW, THAT'S FINE.

                                 MS. WEINSTEIN:  IT'S NOT IN ANY -- IT'S NOT IN ANY BILL

                    THAT WE'RE WORKING ON NOW.  NO.

                                         32



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                                 MR. PALMESANO:  SO, WE DON'T --

                                 MS. WEINSTEIN:  IT WOULD HAVE BEEN IN -- IN TED,

                    WHICH WE DID LAST NIGHT AND --

                                 MR. PALMESANO:  SO IT WASN'T IN TED.  IT'S NOT IN

                    ANYWHERE ELSE.

                                 MS. WEINSTEIN:  NO.  AND IT'S NOT ANTICIPATED IN

                    THE -- IN THE REVENUE BILL.

                                 MR. PALMESANO:  OKAY, THANK YOU.

                                 MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. PALMESANO:  YES, I -- I -- I KNOW THIS --

                    PROBABLY WHEN WE'RE TALKING ABOUT THIS BUDGET BILL, THIS MIGHT NOT

                    SEEM LIKE A BIG DEAL OR WHY AM I BRINGING THIS UP.  THE ONLY REASON I'M

                    BRINGING IT UP, REALLY, IS I KNOW IT WAS PART OF THE SENATE ONE-HOUSE

                    BILL.  YOU'RE SAYING MAYBE, WHY -- WHY ARE WE TALKING ABOUT THIS?  IT

                    DOESN'T SEEM IMPORTANT.  BUT I GUESS I WOULD SAY TO THE NEARLY 9,500

                    NEW YORKERS RIGHT NOW THAT ARE ON THE ORGAN TRANSPLANT LIST OR THE

                    1,700 THAT HAVE BEEN WAITING FOR MORE THAN FIVE YEARS FOR A LIFESAVING

                    ORGAN TRANSPLANT, THIS IS A BIG DEAL.  AND TO THEIR FAMILIES.  WE TALK

                    ABOUT ORGAN DONATION A LOT IN THIS CHAMBER, ESPECIALLY NEXT MONTH

                    BEING ORGAN DONATION AWARENESS MONTH, BUT -- AND WE TALK ABOUT THE

                    STATISTICS, WHICH ARE PRETTY ALARMING WHEN WE LOOK AT 52 REGISTRIES

                    ACROSS THIS COUNTRY AND NEW YORK'S NUMBER 51 OUT OF 52.  WE'RE ONLY

                    AHEAD OF PUERTO RICO.  WHEN WE SEE THAT WE LOST NEARLY 500 NEW

                    YORKERS LAST YEAR WAITING FOR LIFESAVING ORGAN TRANSPLANT, THE FACT OF

                                         33



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    THE MATTER IS THAT THERE'S -- WE HAVE THE THIRD-HIGHEST NEED FOR ORGAN

                    DONATION IN THIS -- IN THIS STATE, BUT WE HAVE THE SECOND-WORST REGISTRY

                    IN THE ENTIRE COUNTRY.  AND WHEN WE LOOK AT OUR ORGAN DONATION RATE,

                    WE'RE AT 30 PERCENT; THE NATIONAL AVERAGE IS 54 PERCENT.  THE STATE OF

                    MONTANA IS NUMBER ONE AT 90 PERCENT.  WE HAVE MADE TREMENDOUS

                    PROGRESS ON THIS ISSUE, MY COLLEAGUES.  BUT I GUESS I WOULD SAY WHILE I

                    HOPE -- I KNOW THERE'S LEGISLATION SEPARATE FROM THE BUDGET TO DO THIS,

                    AND I HOPE WE CAN CONSIDER THIS IN THIS HOUSE MOVING FORWARD BECAUSE

                    IT'S ABOUT SAVING LIVES.  AGAIN, IF -- IF THAT WAS YOUR FAMILY MEMBER OR

                    YOUR LOVED ONE -- THINK ABOUT IF YOUR -- YOUR SON OR YOUR DAUGHTER,

                    YOUR MOM OR YOUR DAD, YOUR BROTHER OR SISTER WERE IN NEED OF

                    LIFESAVING ORGAN TRANSPLANT AND THAT VEHICLE, WHEN THAT ORGAN IS --

                    WHEN THOSE ORGANS ARE HARVESTED, IT'S UNDER A VERY TIME-CRITICAL

                    TIMEFRAME TO GET TO WHERE IT NEEDS TO GO TO SAVE THAT LIFE.  AND IF BY

                    DOING THIS DESIGNATION, WE CAN SAVE LIVES.  AND IF THAT WAS ONE OF YOUR

                    LOVED ONES WAITING FOR THAT LIFESAVING ORGAN TRANSPLANT, AND THAT ORGAN

                    TRANSPLANT COULDN'T HAPPEN BECAUSE THAT VEHICLE DIDN'T GET THERE SOON

                    ENOUGH, IF THIS EMERGENCY DESIGNATION COULD HAPPEN, THAT COULD HELP

                    SAVE LIVES.  SO I HOPE MOVING FORWARD WE CAN LOOK AT THAT LEGISLATION

                    OUTSIDE OF THE BUDGET BECAUSE AT THE END OF THE DAY, THIS WILL SAVE LIVES

                    AND THAT'S A GOOD THING THAT WE CAN BE WORKING ON MOVING FORWARD ON

                    SUCH IMPORTANT LEGISLATION.

                                 SO, THANK YOU TO THE CHAIRWOMAN FOR HER TIME ON THIS,

                    AND THAT'S WHY I JUST WANTED TO HIGHLIGHT THIS VERY IMPORTANT ISSUE.

                    THANK YOU, MR. SPEAKER.

                                         34



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. RA.

                                 MR. RA:  THANK YOU, MR. SPEAKER.  WOULD THE CHAIR

                    YIELD?

                                 MS. WEINSTEIN:  SURE.

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN

                    YIELDS.

                                 MR. RA:  JUST QUICKLY, BECAUSE MR. RAIA DID A VERY

                    GOOD JOB OF COVERING THIS, BUT WITH THE OPIOID STEWARDSHIP.  I KNOW

                    WE'RE AWARE OF -- AS WE'VE GONE THROUGH THIS DISCUSSION IN THE PAST FEW

                    MONTHS, THAT THIS IS SOMETHING THAT HAS BEEN LOOKED AT A NUMBER OF

                    DIFFERENT STATES AND DIFFERENT ISSUES HAVE COME UP WITH TRYING TO COLLECT

                    THIS.  ARE THERE, YOU KNOW, ANY CONCERNS THAT HAVE COME UP JUST IN

                    TERMS OF, YOU KNOW, COMMERCE CLAUSE ISSUES, INTERSTATE ISSUES WHEN --

                    BECAUSE IT DOESN'T SEEM 100 PERCENT CLEAR EXACTLY AT WHAT LEVEL THIS --

                    THIS MAY BE TAXED BECAUSE THE -- THE SURCHARGE IS COMING ON -- YOU

                    KNOW, IT CAN'T BE PASSED ON.  SO, ARE WE REALLY TAXING A SALE?

                                 MS. WEINSTEIN:  WELL, I WOULD -- I WOULD SAY THE

                    -- THE COMMERCE CLAUSE ISSUE, WE'VE DONE A REVIEW AND WE'RE SATISFIED

                    WITH THE CONSTITUTIONALITY OF WHAT WE'RE PLANNING TO ENACT.

                                 MR. RA:  OKAY.  BUT AM I CORRECT THAT, YOU KNOW,

                    WE'RE APPORTIONING THIS RATHER THAN -- RATHER THAN TAXING AN -- AN

                    INDIVIDUAL SALE THAT'S TAKING PLACE WITHIN NEW YORK STATE?

                                 MS. WEINSTEIN:  YES.  YES.  WE ARE APPORTIONING

                    IT.

                                         35



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                                 MR. RA:  OKAY.  THANK YOU VERY MUCH.

                                 MS. WEINSTEIN:  SURE.

                                 MR. RA:  MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. RA:  JUST BRIEFLY.  WE -- WE ALL KNOW THAT THIS IS

                    OBVIOUSLY A TREMENDOUS ISSUE IN OUR STATE.  WE'VE PROBABLY ALL SEEN IN

                    OUR DISTRICTS TRAGIC SITUATIONS WHERE WE'VE LOST YOUNG PEOPLE, OLDER

                    PEOPLE, ANYONE FROM ANY SOCIOECONOMIC BACKGROUND.  SO, OBVIOUSLY,

                    IT'S SOMETHING WE ALL TAKE SERIOUSLY.  BUT AT THE SAME TIME, YOU KNOW,

                    MANY VERY LEGITIMATE QUESTIONS HAVE BEEN RELAY -- RAISED WITH REGARD

                    TO THIS PROPOSAL, AND OFTENTIMES THEY'VE BEEN SOMEWHAT REJECTED AS

                    ALMOST BEING, YOU KNOW, INSENSITIVE TOWARDS THE ISSUE, WHICH REALLY

                    ISN'T THE CASE.  WE SEE THAT, YOU KNOW, IT'S IMPORTANT TO ESTABLISH

                    FUNDING FOR TREATMENT AND ALL THE THINGS THAT WE'VE TRIED TO IMPLEMENT

                    IN THE LAST FEW YEARS TO ADDRESS THIS PROBLEM, BUT -- BUT WE DO HAVE TO

                    REMEMBER THAT JUST BECAUSE WE'RE GETTING SOME FUNDING IN HERE, THAT

                    DOESN'T ALLEVIATE THE NEED FOR ADDITIONAL FUNDING TO GO TOWARDS THIS --

                    THIS AREA.  SO, JUST SAYING, OKAY, WE'VE BROUGHT IN SOME MONEY AND

                    NOW WE'RE GOING TO USE THIS TOWARDS -- TOWARDS TREATMENT DOESN'T --

                    DOESN'T REALLY, YOU KNOW, MOVE THE BALL FORWARD IN TERMS OF -- OF

                    TREATMENT IF WE'RE NOT USING THIS AS ADDITIONAL MONEY RATHER THAN JUST

                    SUPPLANTING MONEY THAT WE'VE PUT IN IN THE PAST FEW YEARS.

                                 THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. GOTTFRIED.

                                 MR. GOTTFRIED:  THANK YOU, MR. SPEAKER.  YOU

                                         36



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    KNOW, AS CHAIR OF THE HEALTH COMMITTEE, I JUST WANT TO READ INTO THE

                    RECORD A FEW LINES FROM A SIDE LETTER RELATING TO THIS BUDGET BILL.  IT'S A

                    LETTER SENT BY JASON HELGERSON, THE MEDICAID DIRECTOR, THAT WENT TO ME

                    AND -- AND SENATE HEALTH CHAIR KEMP HANNON.  A COUPLE OF ITEMS I

                    JUST WANT TO JUST READ INTO THE RECORD AND -- AND NOTE THE WHOLE LETTER

                    FOR THE RECORD.  ONE PARAGRAPH SAYS RELATING TO LIMITING THE NUMBER OF

                    LICENSED -- WELL, LIMITING MANAGED LONG-TERM CARE ELIGIBILITY.  IT SAYS,

                    THE DEPARTMENT -- MEANING THE DEPARTMENT OF HEALTH -- WILL PROVIDE

                    GUIDANCE HIGHLIGHTING INFORMATION ABOUT AN INDIVIDUAL'S RIGHT -- RIGHTS

                    AS A NURSING HOME RESIDENT IN NEW YORK STATE, AND NURSING HOME AND

                    PLAN RESPONSIBILITIES PER THE DISCUSSION AROUND PERMANENT PLACEMENT.

                    IN ADDITION, THE GUIDANCE WILL ADDRESS SUPPORT -- SUPPORTS FOR

                    INDIVIDUALS WHO WISH TO RETURN TO THE COMMUNITY AT ANY TIME TO -- TO

                    DELIVER SERVICES, FACILITATE MLTC PLAN ENROLLMENT AND COORDINATE

                    HOUSING AND TRANSITIONAL SUPPORTS.

                                 AND THE OTHER PARAGRAPH I WOULD LIKE TO READ DEALS

                    WITH -- ALSO WITH MANAGED LONG-TERM CARE AND LICENSED HOME CARE

                    SERVICES -- SERVICE AGENCIES.  AND IT SAYS THAT,  THE DEPARTMENT WILL

                    ISSUE GUIDANCE TO ASSIST BOTH MLTC AND LHCSA -- THAT'S L-H-C-S-A --

                    LHCSAS IN MINIMIZING THE DISRUPTION OF CARE FOR MEDICAID MEMBERS

                    AND THE IMPACTED WORKFORCE WHEN METHODOLOGIES ARE ENACTED TO LIMIT

                    THE NUMBER OF LHCSAS WITH MLTC PLANS.  I APOLOGIZE IF THAT IS

                    INCOMPREHENSIBLE.  IT IS -- THESE ARE -- BEEN EXAMPLES OF ENGLISH

                    LANGUAGE THAT ARE ONLY COMPREHENSIBLE IF YOU ALREADY KNOW WHAT THEY

                    MEAN.  AND THE PEOPLE WHO NEED TO KNOW WHAT THEY MEAN, KNOW WHAT

                                         37



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    THEY MEAN.  I JUST WANTED TO NOTE THEM HERE FOR THE RECORD AS PART OF

                    THE LEGISLATIVE INTENT OF THE HEALTH BUDGET BILL.

                                 THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 READ -- MR. GOODELL.

                                 MR. GOODELL:  THANK YOU.  WOULD THE SPONSOR

                    YIELD?

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN, WILL

                    YOU YIELD?

                                 MS. WEINSTEIN:  YES.

                                 MR. GOODELL:  THANK YOU, MS. WEINSTEIN.

                                 MS. WEINSTEIN:  MAYBE THERE'LL BE SOME

                    (INAUDIBLE) AFTERWARDS.

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN

                    YIELDS.

                                 MR. GOODELL:  THANK YOU.  WE HAVE ONE MORE

                    BILL THAT'S BEEN IN PRINT THAT WE'RE READY TO DEBATE THAT'S GONE THROUGH

                    COMMITTEE; IS THAT CORRECT?

                                 MS. WEINSTEIN:  ACTUALLY, TWO.

                                 MR. GOODELL:  TWO.  AND WE'RE WAITING FOR

                    SEVERAL OTHERS, INCLUDING CAPITAL PROJECTS ONE, THE DEBT RESOLUTIONS --

                    OR THE DEBT BORROWING ONE AND --

                                 MS. WEINSTEIN:  THE -- THE -- RIGHT.  THE REVENUE

                    BILL.

                                 MR. GOODELL:  SO HOW MANY DO YOU PREDICT THAT

                                         38



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    WE ARE WAITING FOR?

                                 MS. WEINSTEIN:  YES.  WE'RE JUST -- RIGHT.  THERE'S

                    -- THERE'S THREE BILLS LEFT; THE STATE OPERATIONS, CAPITAL AND THE REVENUE

                    BILL.

                                 MR. GOODELL:  AND THEN PROBABLY A BIG UGLY THAT

                    CONTAINS EVERYTHING THAT'S BEEN PULLED OUT?

                                 MS. WEINSTEIN:  NO, I THINK THE REVENUE BILL WILL

                    BE WHAT IS COMMONLY REFERRED TO AS THE "BIG UGLY."

                                 MR. GOODELL:  GOTCHA.  AND SO, WE'RE WAITING FOR

                    THREE BILLS THAT HAVEN'T BEEN PRINTED YET AND, THEREFORE, THERE'S THREE

                    BILLS WE CAN'T VOTE ON YET.  AND, THEREFORE, EVEN IF I TALKED MY ENTIRE 32

                    MINUTES, I'M NOT DELAYING THIS BODY FROM GOING HOME, CORRECT?

                                 (LAUGHTER)

                                 ACTING SPEAKER AUBRY:  I THINK THAT'S 15

                    MINUTES TWO TIMES.  SOMEHOW YOUR MATH GOT OFF THERE.

                                 MR. GOODELL:  PLUS TWO MINUTES ON THE BILL.  YOU

                    KNOW, EXPLAINING MY VOTE.

                                 (LAUGHTER)

                                 MS. WEINSTEIN:  EXPLAINING YOUR VOTE.  OKAY.

                                 ACTING SPEAKER AUBRY:  AT LEAST WE HAVE A

                    BREAK IN BETWEEN.

                                 (LAUGHTER)

                                 MR. GOODELL:  YOU CAN ONLY HOPE.

                                 (LAUGHTER)

                                 SO, I WANTED TO ASK A LITTLE BIT ABOUT THIS OPIOID TAX.  I

                                         39



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    -- I -- I THINK IT'S NOT CALLED A TAX.  IT'S A -- THIS IS A NEW TERM FOR ME, A

                    "STEWARDSHIP PAYMENT."

                                 MS. WEINSTEIN:  YES.

                                 MR. GOODELL:  I MEAN, IT'S SUCH A GREAT WORD,

                    STEWARDSHIP PAYMENT.  I MEAN, WHO'S NOT IN FAVOR OF STEWARDSHIP

                    PAYMENTS, RIGHT?  ALTHOUGH IN COMMON PARLANCE, WE'D SAY "TAX."  IS

                    THERE A DIFFERENCE BETWEEN A STEWARDSHIP PAYMENT AND A TAX?

                                 MS. WEINSTEIN:  THIS IS WHAT WE CAME UP WITH TO

                    DESCRIBE THIS PROGRAM, SINCE IT'S BASED ON A PERCENTAGE AND NOT A SET

                    AMOUNT, WHICH PROBABLY WOULD BE A MORE NORMAL WAY THAT PEOPLE

                    WOULD THINK OF A TAX.

                                 MR. GOODELL:  AND I APPLAUD YOUR INGENUITY IN

                    COMING UP WITH A NEW WAY TO DESCRIBE A FEE, TAX, ASSESSMENT, AND NOW

                    A STEWARDSHIP PAYMENT.  IT MAKES ME FEEL WARM TO MY HEART.  BUT I

                    DON'T REALLY QUITE UNDERSTAND HOW IT WORKS, SO I WAS HOPING YOU COULD

                    EXPLAIN IT.  AS I UNDERSTAND IT, HAVING READ THE BILL, ON PAGE 93 -- 92

                    AND 93, WE WANT TO RAISE $100 MILLION.  WE WANT TO RAISE IT FROM THOSE

                    WHO SELL MORPHINE -- MORPHINE MILLIGRAM EQUIVALENTS, A NEW PHRASE,

                    MME.  AND SO WHAT WE'RE GOING TO DO IS LOOK AT HOW MUCH THEY SOLD

                    LAST YEAR, RIGHT, IN 2017?

                                 MS. WEINSTEIN:  YES, CORRECT.

                                 MR. GOODELL:  AND THEN WE'RE GOING TO BASE THE

                    $100 MIL (SIC) AND WE'RE GOING TO ALLOCATE IT ON SALES FROM 2017.  IS

                    THAT CORRECT?

                                 MS. WEINSTEIN:  YES.

                                         40



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                                 MR. GOODELL:  SO IF A COMPANY, FOR EXAMPLE, SOLD

                    37 PERCENT OF ALL MMES IN 2017, THEY'RE GOING TO GET A STEWARDSHIP

                    REQUEST TO CONTRIBUTE $37 MILLION TO OUR GENERAL FUND.  IS THAT CORRECT?

                                 MS. WEINSTEIN:  YES.  YES, I THINK SO.

                                 MR. GOODELL:  ISN'T THERE A FUNDAMENTAL FEDERAL

                    CONSTITUTIONAL ISSUE WHEN YOU TAX SOMEBODY RETROACTIVELY?  I MEAN,

                    WE'RE SENDING THEM A $37 MILLION BILL, IN THIS EXAMPLE, BASED ON THEIR

                    SALES NOT THIS YEAR, BUT BASED ON THEIR SALES LAST YEAR.  HOW -- HOW CAN

                    WE CONCEIVABLY MEET FEDERAL DUE PROCESS STANDARDS WITH A RETROACTIVE

                    TAX ASSESSMENT?

                                 MS. WEINSTEIN:  WELL, IT ISN'T A TAX.  SO -- IT'S AN

                    ASSESSMENT BASED ON THE PRIOR YEAR -- YEAR'S SALES AND, IN FACT, WHEN

                    YOU -- IN THE TAX WORLD, OBVIOUSLY, YOUR TAXES ARE DUE THE -- YOU KNOW,

                    TO MAKE THAT PARALLEL ARGUMENT, IN A TAX WORLD, YOUR TAXES WOULD BE

                    DUE THE -- THE FOLLOWING YEAR --

                                 MR. GOODELL:  BUT WE PAID THE TAX --

                                 MS. WEINSTEIN: -- BUT IT IS AN ASSESSMENT.

                                 MR. GOODELL:  WE PAY THE TAX THE FOLLOWING YEAR,

                    BUT THE TAX RATE ALWAYS APPLIES PROSPECTIVELY, IT DOESN'T APPLY

                    RETROACTIVELY.  THE GOVERNMENT CAN'T GO BACK AND SAY, HEY, YOU KNOW

                    WHAT?  YOU SENT US THE SAME AMOUNT YOU TOLD -- WE TOLD YOU TO SEND,

                    YOU SENT US THE RIGHT AMOUNT.  GUESS WHAT?  WE CHANGED OUR MINDS.

                    HERE'S A $37 MILLION BILL OR WHATEVER THE EXCESS AMOUNT.  HOW CAN WE

                    MEET DUE PROCESS CRITERIA, FEDERAL DUE PROCESS CRITERIA, WHICH SAYS THE

                    GOVERNMENT CANNOT TAKE SOMEBODY ELSE'S PROPERTY WITHOUT DUE

                                         41



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    PROCESS.  DUE PROCESS, AT A MINIMUM, REQUIRES ADVANCED NOTICE, NOT

                    RETROACTIVE NOTICE.  HOW CAN WE POSSIBLY MEET THAT STANDARD?

                                 MS. WEINSTEIN:  THEY -- WELL, THEY -- THEY ARE

                    GETTING NOTICE.  WE'RE PUTTING THIS PROPOSAL -- WE'RE ENACTING THIS

                    PROPOSAL AS PART OF THE BUDGET NOW.  THERE IS AN APPEAL PROCESS THAT IS

                    INCLUDED WITHIN THIS PROPOSAL.  AND -- AND ONE ISSUE THAT HASN'T BEEN

                    MENTIONED, THAT IF OPIOID USE -- ABUSE IN OUR STATE DECREASES, THEN THE

                    AMOUNT THAT -- THE TOTAL ASSESSMENT THAT WE'RE LOOKING TO COLLECT WILL

                    ALSO REDUCE.

                                 MR. GOODELL:  ALL RIGHT.  SO LET'S ASSUME WE PASS

                    THIS -- BECAUSE I SUSPECT THAT MIGHT HAPPEN, AND THE GOVERNOR SIGNS IT

                    -- AND USING MY EXAMPLE, A COMPANY HAD 37 PERCENT OF THE SALES LAST

                    YEAR, WE NOW SEND THEM A BILL FOR $37 MILLION AND THEY DECIDE, YOU

                    KNOW WHAT?  I'M NOT GOING TO DO BUSINESS IN NEW YORK.  DO THEY STILL

                    HAVE TO PAY THE $37 MILLION?

                                 (PAUSE)

                                 MS. WEINSTEIN:  YOU KNOW, (PAUSE).  RIGHT.  WE

                    -- WE -- WE DO THINK THEY PROBABLY WOULD HAVE TO PAY THEIR FINES FOR

                    NOT REPORTING.  I'M NOT SURE IF YOU'RE TALKING ABOUT THAT THEY

                    RELINQUISHED THEIR LICENSE AND THEY NO LONGER --

                                 MR. GOODELL:  SURE.  LET'S ASSUME THEY SAY,

                    THANK YOU VERY MUCH, NEW YORK.  I'M OUTTA HERE.  THEY RELINQUISH

                    THEIR LICENSE AND THEY'RE NOT GOING TO SELL ANY OPIOIDS.  DO THEY STILL

                    HAVE TO PAY THE $37 MILLION FROM THEIR SALES FROM LAST YEAR?

                                 MS. WEINSTEIN:  THERE IS A 90-DAY REPORTING

                                         42



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    REQUIREMENT, AND THEN DOH, ON AN ANNUAL BASIS, WILL LET THEM KNOW

                    WHAT THEIR SHARE IS.

                                 MR. GOODELL:  ALL RIGHT.  MY QUESTION IS, DO THEY

                    STILL HAVE TO PAY ANYTHING AFTER THEY STOP SALES, BASED ON THEIR SALES

                    FROM LAST YEAR?

                                 MS. WEINSTEIN:  I THINK IF THEY -- THEY DO LEAVE THE

                    STATE, HOWEVER, WE MAY HAVE A -- AN INABILITY TO COLLECT THE MONIES

                    FROM THEM.

                                 MR. GOODELL:  WELL, I'M NOT SUGGESTING THEY WENT

                    OUT OF BUSINESS.  I'M JUST SAYING THEY QUIT SELLING HERE.

                                 (PAUSE)

                                 MS. WEINSTEIN:  YOU KNOW, I THINK IF THEY PULL OUT

                    OF THE STATE, TOTALLY SURRENDER THEIR LICENSE, DON'T DO ANY BUSINESS IN THE

                    STATE, IT WOULD PROBABLY BE -- I WOULD AGREE THAT IT WOULD BE DIFFICULT

                    FOR US TO COLLECT THE -- TO COLLECT THE ASSESSMENT.  BUT THE ASSESSMENT

                    DOESN'T GO AWAY.

                                 MR. GOODELL:  OKAY.  AND THEN LET ME ASK THE FLIP

                    SIDE OF THAT.  SO LET'S SAY THAT YOU'RE IN BUSINESS AND YOU CONTINUE TO

                    STAY IN BUSINESS IN NEW YORK STATE, AND YOUR COMPETITOR PULLS OUT.  SO

                    YOUR PERCENTAGE OF SALES JUST WENT FROM, SAY -- I'LL PICK ANOTHER NUMBER

                    -- 50 PERCENT UP TO 75 PERCENT.  DO YOU NOW HAVE TO PAY $75 MILLION,

                    REGARDLESS OF HOW MUCH ADDITIONAL SALES YOU HAD, BUT BASED ON AN

                    ADDITIONAL PERCENTAGE OF THE MARKET?

                                 MS. WEINSTEIN:  WELL, IF SOMEONE TOTALLY PULLS OUT

                    OF THE MARKET AND -- AND WE HAVE REDUCED SALES IN OUR STATE, THEN WHAT

                                         43



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    I HAD SAID EARLIER, THE TOTAL ASSESSMENT OF $100 MILLION WOULD LIKELY

                    GET REDUCED IF WE HAVE LESS -- LESS SALES IN OUR STATE.  SO THAT -- THEY

                    MIGHT HAVE, IN YOUR SCENARIO, A GREATER SHARE OF THE ASSESSMENT, BUT THE

                    TOTAL ASSESSMENT DOLLARS WOULD BE -- IT WOULD BE A GREATER SHARE OF A

                    LOWER AMOUNT.

                                 MR. GOODELL:  WELL, I'M LOOKING AT PAGE 92, LINES

                    3, 4, 5, IT SEEMS TO ME PRETTY CLEAR THAT THAT'S A FLAT $100 MILLION THAT

                    WE'RE COLLECTING.  I DON'T SEE ANYTHING THAT REDUCES THAT $100 MILLION BY

                    ACTUAL SALES.  IS THERE SOMETHING I'M MISSING?

                                 MS. WEINSTEIN:  RIGHT.  SO IT IS -- SO IT'S $100

                    MILLION ANNUALLY, SUBJECT TO A DOWNWARD ADJUSTMENT PURSUANT TO THE

                    SUBDIVISION 9 WHICH COMES LATER.  SO THAT'S WHAT I'M REFERRING TO, THAT

                    THAT $100 MILLION CAN -- CAN BE ADJUSTED DOWNWARD.

                                 MR. GOODELL:  AND SO, IF I'M A -- A -- A

                    MANUFACTURER OR DISTRIBUTOR, CAN I THEN CALCULATE PROSPECTIVELY THE

                    PERCENTAGE OF THAT $100 MILLION I'M GOING TO BE PAYING SO THAT I CAN

                    CALCULATE THE TOTAL COST OF PROVIDING THAT PAIN-RELIEVING DRUG TO NEW

                    YORK RESIDENTS WHO NEED IT UNDER A PRESCRIPTION?

                                 MS. WEINSTEIN:  I'M -- I'M NOT REALLY SURE OF THE

                    ANSWER, WHETHER THAT INFORMATION -- WHETHER THE REPORTED DATA

                    INFORMATION IS PUBLIC INFORMATION.  WILL BE PUBLIC INFORMATION BE

                    ASCERTAINABLE BY THE MANUFACTURER OR DISTRIBUTOR.

                                 MR. GOODELL:  I WOULD AGREE.  WHICH IS A REAL

                    PROBLEM IF YOU ARE IN THE BUSINESS WORLD AND YOU CAN'T FIGURE OUT HOW

                    MUCH YOU'RE GOING TO HAVE TO PAY, AND IT DEPENDS ON HOW MUCH YOUR

                                         44



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    COMPETITORS ARE PAYING, AND IT ALL DEPENDS ON WHAT HAPPENED LAST YEAR,

                    WHICH YOU WON'T FIND OUT UNTIL THE NEXT YEAR.  THAT'S A VERY

                    COMPLICATED AND VERY UNNERVING SITUATION FOR DRUG COMPANIES THAT

                    PRESUMABLY ARE SUPPLYING NEW YORK RESIDENTS WITH A DRUG THAT THESE

                    RESIDENTS DESPERATELY NEED TO ADDRESS SERIOUS PAIN ISSUES UNDER CLOSE

                    SUPERVISION WITH MEDICAL APPROVAL, RIGHT?

                                 MS. WEINSTEIN:  THAT'S CORRECT.  THAT IS WHY WE

                    HAD WANTED TO HAVE, AND THE EXECUTIVE HAD PROPOSED, A TAX -- AN

                    OPIOID TAX BASED ON THE PRECISE AMOUNT OF DRUGS SOLD, AND

                    MANUFACTURERS, DISTRIBUTORS WOULD HAVE BEEN ABLE TO CALCULATE THAT

                    AMOUNT.  BUT OUR FRIENDS ACROSS THE HALL DID NOT WANT TO GO IN THAT

                    DIRECTION, SO THIS WAS AN ALTERNATIVE WAY TO GENERATE THE MONEY, ALBEIT

                    THERE MAY BE ISSUES WITH COMPANIES TRYING TO DETERMINE IN ADVANCE,

                    PARTICULARLY IN THE FIRST YEAR, I -- I WOULD THINK THE ADVANCE WHAT THEIR

                    LIABILITIES WILL BE TO THE STATE.

                                 MR. GOODELL:  WELL, SADLY -- AND I -- I KNOW THIS

                    MAY COME AS A COMPLETE SHOCK, BUT SADLY, I HAVE NOT BEEN INVITED TO

                    SHARE MY CONSTITUTIONAL PERSPECTIVES WITH OUR FRIENDS ACROSS THE HALL.

                                 MS. WEINSTEIN:  SUCH AN EXPERT AT YOUR -- AS

                    YOURSELF, I WOULD HAVE THOUGHT YOU WOULD HAVE BEEN CALLED UPON.

                                 MR. GOODELL:  YOU WOULD HAVE THOUGHT SO --

                                 (LAUGHTER)

                                 -- BUT PERHAPS WITH ENOUGH RECOMMENDATIONS FROM

                    HERE, THAT THEY MIGHT RECONSIDER THAT.  BUT GETTING BACK TO THE -- THE

                    FINANCING OF THIS.  THIS BILL IS VERY CLEAR THAT AN OUT-OF-STATE

                                         45



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    MANUFACTURER WILL GET THIS ASSESSMENT, WHICH COULD BE UP TO $100

                    MILLION BASED ON SALES LAST YEAR.  AND THIS BILL IS VERY CLEAR, THEY'RE NOT

                    SUPPOSED TO PASS THAT ON --

                                 MS. WEINSTEIN:  RIGHT.

                                 MR. GOODELL: -- IN THE PRICES TO NEW YORK

                    CONSUMERS, CORRECT?

                                 MS. WEINSTEIN:  CORRECT.

                                 MR. GOODELL:  WHICH MEANS, THEN, THAT THIS ENTIRE

                    -- LET'S ASSUME THAT ENTIRE SHARE FROM THAT OUT-OF-STATE MANUFACTURER,

                    WHAT WE'RE REALLY DOING IS TAXING THE OUT-OF-STATE MANUFACTURER,

                    CORRECT?

                                 MS. WEINSTEIN:  WE ARE COLLECTING --

                                 MR. GOODELL:  I MEAN, WE'RE NOT TAXING NEW YORK

                    STATE SALES BECAUSE --

                                 MS. WEINSTEIN:  WE ARE COLLECTING --

                                 MR. GOODELL:  -- YOU SAID IT CAN'T PASS IT ONTO

                    NEW YORK RESIDENTS.

                                 MS. WEINSTEIN: -- WE ARE COLLECTING THE

                    ASSESSMENT FROM A MANUFACTURER OR DISTRIBUTOR WHO CHOOSES TO DO

                    BUSINESS IN THE STATE.

                                 MR. GOODELL:  NOW, IS THERE ANY WAY FOR THESE

                    MANUFACTURERS TO KNOW WHAT SHARE OF THE MARKET THEY HAD LAST YEAR OR

                    RETROSPECTIVELY?  I MEAN, THERE -- THEY DON'T HAVE THIS TYPE OF

                    PROPRIETARY OR CUSTOMER INFORMATION, DO THEY?

                                 MS. WEINSTEIN:  I -- I THINK IT WOULD BE TOUGH TO

                                         46



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    KNOW THAT INFORMATION, AND IN THIS INSTANCE OR IN ANY KIND OF A

                    BUSINESS SETTING.

                                 MR. GOODELL:  ALL RIGHT.  SO -- BUT THIS IS AN

                    UNUSUAL TAX BECAUSE IN THIS CASE, THE MANUFACTURER OR DISTRIBUTOR IS

                    BEING TAXED NOT BASED ON THEIR SALES ALONE, BUT BASED ON THEIR

                    COMPETITORS' SALES, RIGHT?  SO THE MORE SUCCESSFUL THEIR COMPETITOR IS,

                    LESS COMPETITIVE OR WHATEVER, AFFECTS THE MANUFACTURER'S TAX, RIGHT?

                                 MS. WEINSTEIN:  IT -- IT DOES AFFECT HOW OTHER

                    MANUFACTURERS, DISTRIBUTORS CHOOSE TO SELL OPIOIDS IN OUR STATE.  THE

                    AMOUNT THEY CHOOSE TO -- THEY CHOOSE TO SELL, THEY SELL, WILL AFFECT THE

                    ASSESSMENT OF -- YES, WILL AFFECT THE ASSESSMENT OF ALL WHO CHOOSE TO

                    DISTRIBUTE THESE OPIOIDS IN OUR STATE.

                                 MR. GOODELL:  I SEE THAT I'VE RUN OUT OF TIME,

                    ALTHOUGH I -- I DON'T THINK ANY OF THE ADDITIONAL BILLS HAVE YET BEEN

                    PRINTED.

                                 MS. WEINSTEIN:  BUT WE COULD USE A BREAK, I'M

                    SURE.

                                 (LAUGHTER)

                                 MR. GOODELL:  BUT I THINK --

                                 ACTING SPEAKER AUBRY:  MR. GOODELL, WE

                    EXTEND TO YOU THE COURTESY THAT EVERY MEMBER HAS.

                                 MR. GOODELL:  THANK YOU, SIR, BUT I THINK THAT IS

                    FINE ON THIS BILL.  THANK YOU VERY MUCH --

                                 MS. WEINSTEIN:  THANK YOU, MR. GOODELL.

                                 MR. GOODELL:  -- MS. WEINSTEIN FOR YOUR

                                         47



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    COMMENTS.

                                 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. DENDEKKER TO EXPLAIN HIS VOTE.

                                 MR. DENDEKKER:  THANK YOU, MR. SPEAKER.  I JUST

                    HOPE THAT EACH AND EVERY MEMBER HERE WILL REALIZE THAT YOU HAVE

                    CONSTITUENTS THAT ARE DYING EVERY DAY FROM OPIOID ADDICTION.  AND IF

                    WE ARE GOING TO CHARGE A FEE TO AN OPIOID MANUFACTURER OR SOMEONE

                    THAT'S GOING TO DISTRIBUTE THE LEGAL OPIOIDS IN OUR STATE, 100 PERCENT OF

                    THE MONEY THAT IS COLLECTED SHOULD BE USED FOR TREATMENT, AND

                    TREATMENT ONLY.  IT SHOULD NOT BE GOING INTO OUR GENERAL FUND.  WE

                    HAVE A RESPONSIBILITY TO OUR CONSTITUENTS AND TO THE RESIDENTS OF THE

                    STATE OF NEW YORK THAT IF WE ARE GOING TO STAND UP FOR CHILDREN THAT

                    ARE DYING THROUGH OPIOID ADDICTION, WE NEED TO PROVIDE MORE

                    TREATMENT OPTIONS.  BECAUSE WHAT IS HAPPENING IS THAT THE OPIOID

                    MANUFACTURERS AND THE DOCTORS THAT ARE PRESCRIBING THOSE MEDICINES

                    WILL GET OUR PATIENTS AND OUR CHILDREN HOOKED ON THAT, AND THEN WHEN

                    THEY CAN'T GET THEM ANYMORE LEGALLY, THEY WILL GO TO ILLEGAL SOURCES AND

                    SWITCH OVER TO HEROIN AND OTHER TYPES OF FENTANYL PRODUCTS THAT THEY

                    CAN PURCHASE IN OUR COMMUNITIES ILLEGALLY.  SO, THE PEOPLE THAT GET

                    THEM ADDICTED, THE MANUFACTURERS THAT WE'RE NOW GOING TO CHARGE A FEE

                    TO, IT'S OUR DUTY AND OUR RESPONSIBILITY TO MAKE SURE WE PROTECT OUR

                                         48



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    CHILDREN.  AND I -- I AM, FOR ONE, VERY INSULTED THAT WE ARE GOING TO

                    COLLECT $100 MILLION, YET ONLY $10 MILLION OF IT IS GOING TO GO TO

                    OASAS, AND THE OTHER $90 MILLION IS GOING TO GO IN OUR GENERAL FUND

                    FOR THE GOOD THINGS WE HAVE DONE ALREADY, WHICH IS HORRIBLE.  THERE

                    ARE VERY FEW TREATMENT PROGRAMS IN NEW YORK, WHERE MOST OF OUR

                    CHILDREN THAT HAVE INSURANCE ARE BEING SHIPPED OUT TO PENNSYLVANIA

                    AND FLORIDA, WHERE IT COSTS LESS TO PROVIDE TREATMENT SO THE INSURANCE

                    COMPANIES DON'T HAVE TO PAY AS MUCH MONEY.

                                 I'M INSULTED THAT WE'RE DOING THIS, AND I WILL BE VOTING

                    IN THE AFFIRMATIVE ON THE BILL, BUT I THINK IT'S AN EMBARRASSMENT THAT WE

                    ARE GOING TO TAKE $90 MILLION AND STICK IT IN THE GENERAL FUND WHEN IT

                    SHOULD BE USED FOR TREATMENT.

                                 ACTING SPEAKER AUBRY:  MR. SANTABARBARA.

                                 MR. SANTABARBARA:  THANK YOU, MR. SPEAKER.

                    I RISE TO THANK THE SPEAKER AND MY ASSEMBLY COLLEAGUES FOR SUPPORTING

                    AN INITIATIVE IN THIS BILL THAT WILL ESTABLISH A TRA -- A STATEWIDE TRAINING

                    PROGRAM FOR LAW ENFORCEMENT AND FIRST RESPONDERS TO HELP WITH

                    INTERACTIONS IN EMERGENCY SITUATIONS INVOLVING INDIVIDUALS WITH AUTISM

                    SPECTRUM AND RELATED DISORDERS.  WITH ABOUT 1 IN 68 CHILDREN BORN WITH

                    AUTISM EACH YEAR IN THE UNITED STATES AND MORE THAN 3.5 MILLION

                    AMERICANS LIVING WITH AN AUTISM SPECTRUM DISORDER, IT IS ESSENTIAL THAT

                    OUR FIRST RESPONDERS HAVE THE PROPER TRAINING.  AND WE'VE ALL SEEN HOW

                    ROUTINE ENCOUNT -- ENCOUNTERS WITH LAW ENFORCEMENT CAN ESCALATE

                    SIMPLY BECAUSE THEY'RE MISUNDERSTOOD.  THIS PROGRAM WILL HELP BRING

                    ATTENTION TO THE AREAS THAT NEED SPECIALIZED TRAINING SO THAT OFFICERS ARE

                                         49



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    PREPARED -- ARE PREPARED WHEN RESPONDING.  WHETHER IT'S HELPING A

                    FAMILY FIND A MISSING CHILD OR RESPONDING TO AN ADULT WITH AUTISM

                    WHOSE BEHAVIOR IS BEING MISUNDERSTOOD, RECOGNIZING THE SIGNS OF

                    AUTISM AND KNOWING HOW TO REACT IS IMPORTANT.  IN EMERGENCY

                    SITUATIONS OF ALL TYPES, HELPING A FIREFIGHTER OR A PARAMEDIC KNOW HOW

                    TO -- HOW TO INTERACT WHEN A CHILD WITH AUTISM IS INJURED CAN TRULY

                    MAKE A BIG DIFFERENCE.

                                 THIS TRAINING IS A VALUABLE RESOURCE TO THOSE SERVING IN

                    LAW ENFORCEMENT, AND I'M PLEASED TO CAST MY VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. BLAKE.

                                 MR. BLAKE:  THANK YOU, MR. SPEAKER.  I JUST RISE TO

                    CONVEY MY SUPPORT AND -- AND SPECIFICALLY FOR DIVERSITY IN MEDICINE,

                    WHICH HAS BEEN AN EFFORT THAT MEMBER PEOPLES-STOKES HAS CHAMPIONED

                    BY, IN LARGE PART.  WHEN WE THINK ABOUT THE DATA THAT THERE ACTUALLY

                    HAVE BEEN LESS BLACK MALE DOCTORS IN NEW YORK NOW THAN THERE WERE

                    GOING BACK TO 1977, IT IS A REASON WHY THIS EFFORT HAS BEEN CHAMPIONED

                    ACROSS THIS STATE, IN WHICH SHE HAS LED THIS EFFORT IN LARGE PART INITIALLY

                    IN BUFFALO AND ACROSS THE STATE AS WELL.  WHY IS IT ALSO CRITICAL WHEN

                    WE THINK ABOUT THE CHALLENGES THAT ARE HAPPENING WITHIN OUR

                    COMMUNITIES.  THIS IS ONE OF THE WAYS THAT CAN ACTUALLY BREAK THAT --

                    THE -- THE TIDE IN THAT ASPECT.  SO THAT IS THE ONE THING I WANT TO

                    HIGHLIGHT, THAT NOT ONLY TO SPEAKER HEASTIE AND OTHERS, I'M GRATEFUL THAT

                    WE WERE ABLE TO RESTORE WITH THE EFFORTS ON THE OTHER SIDE IN THE SENATE

                    OF EXPANDING IT AS WELL SO THAT MORE PEOPLE HAVE A CHANCE TO GO TO

                    MEDICAL SCHOOL AND PURSUE THEIR DREAMS.

                                         50



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                                 WITH THAT, I SUPPORT THIS AND SUPPORT THIS BUDGET.

                    THANK YOU.

                                 ACTING SPEAKER JONES:  MR. BLAKE IN THE

                    AFFIRMATIVE.

                                 MR. MURRAY.

                                 MR. MURRAY:  THANK YOU, MR. SPEAKER, TO EXPLAIN

                    MY VOTE.  I WANT TO ECHO THE SENTIMENTS OF A COLLEAGUE A FEW MINUTES

                    AGO WHO WAS APPALLED AT WHAT WE'RE DOING WHEN WE ARE LITERALLY

                    TAXING PAIN.  THAT'S WHAT WE'RE DOING.  THERE ARE PEOPLE IN CHRONIC

                    PAIN WHO NEED HELP TO GET THROUGH THEIR DAILY LIVES.  AND WHILE THERE IS

                    A PROVISION THAT SAYS IT SHOULDN'T BE PASSED TO THE CONSUMER, YOU CAN

                    BET EVERY PENNY IN YOUR POCKET, IT WILL BE PASSED ON TO THE CONSUMERS.

                    AND MANY OF THESE CONSUMERS HAVE TO MAKE A CHOICE OF GETTING THEIR

                    PAIN MEDICATION, PAYING THE TAXES ON THEIR HOUSE, OR GETTING FOOD TO

                    EAT.  AND NOW WE'RE GOING TO TAX THEM EVEN MORE?  AND THEN THE REAL

                    KICK IN THE TEETH IS THAT ONLY 10 PERCENT WILL ACTUALLY GO TO FIGHT THE

                    OPIOID EPIDEMIC.  THE REST IS BASICALLY FOR A SLUSH FUND?  YOU'VE GOT TO

                    BE KIDDING ME.

                                 THERE IS NO WAY I'LL BE VOTING FOR THIS BILL.  THANK

                    YOU.

                                 ACTING SPEAKER AUBRY:  ARE THERE ANY OTHER

                    VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MR. MORELLE.

                                         51



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                                 MR. MORELLE:  THANK YOU, SIR.  HAVING ALREADY

                    ADVANCED THE B-CALENDAR, I'D LIKE TO GO TO THAT NOW, AND ON PAGE 3

                    TAKE UP RULES REPORT NO. 23, A BUDGET BILL.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.

                                 THE CLERK:  BILL NO. A09503-D, RULES REPORT NO.

                    23, BUDGET BILL.  AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF

                    GOVERNMENT.  (AID TO LOCALITIES BUDGET)

                                 ACTING SPEAKER AUBRY:  GOVERNOR'S MESSAGE

                    IS AT THE DESK -- EXCUSE ME.  ON A MOTION BY MS. WEINSTEIN, THE SENATE

                    BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS ADVANCED.  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. OAKS.

                                 MR. OAKS:  YES.  IF THE CHAIRWOMAN WOULD YIELD

                    FOR SOME QUESTIONS, PLEASE.

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN, WILL

                    YOU YIELD.

                                 MS. WEINSTEIN:  YES, I'D BE HAPPY TO.

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN

                    YIELDS.

                                 MR. OAKS:  THANK YOU VERY MUCH.  HELENE, A FEW

                    QUESTIONS RELATED TO ECONOMIC DEVELOPMENT MARKETING.  DOES THIS

                    BUDGET CONTAIN ANY FUNDING FOR THE START-UP NEW YORK ADVERTISING?

                                         52



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                                 MS. WEINSTEIN:  YES.  IT DOES HAVE AN

                    APPROPRIATION FOR $44.5 MILLION.

                                 MR. OAKS:  OKAY.  AND IS THAT ALL DIRECTED TO

                    START-UP, OR IS THAT A PART OF THE -- THE OVERALL ECONOMIC DEVELOPMENT

                    MARKETING?

                                 MS. WEINSTEIN:  IT'S FOR VARIOUS -- IT'S BASICALLY A --

                    A LUMP SUM, AND IT'S VARIOUS USES.

                                 MR. OAKS:  DO YOU KNOW IF -- IF ONE OF THE --

                                 MS. WEINSTEIN:  I'M SORRY, JUST IF I COULD JUST ADD

                    THAT 60 PERCENT -- NO MORE THAN 60 PERCENT OF THE FUNDS CAN BE USED TO

                    PROMOTE START-UP NEW YORK OUTSIDE OF NEW YORK, BUT IT INCLUDES

                    SOME OF THE PROJECTS THAT WOULD BE INCLUDED IS THE GLOBAL NEW YORK,

                    OPEN FOR BUSINESS AND START-UP NEW YORK ADVERTISING AND PROMOTION

                    CAMPAIGNS.

                                 MR. OAKS:  ONE OF THE THINGS -- IN RECENT DAYS, WE

                    LEARNED THAT SOME OF OUR CASINOS THAT ARE IN THE -- THE STATE HAD LOOKED

                    FOR SOME POSSIBLE SUPPORT.  AND, IN FACT, SOME OF THAT WAS FOCUSED ON

                    MARKETING OR INFORMATION DOLLARS.  ARE ANY OF THESE DOLLARS GOING TO

                    THAT, OR IS THERE ANY OTHER PLACE WITHIN THE BUDGET THAT ANY SUPPORT FOR

                    THE CASINOS ARE INCLUDED?

                                 MS. WEINSTEIN:  NO.  THAT IS NOT DONE HERE.

                                 MR. OAKS:  WE'VE TALKED ON THE PREVIOUS BILL SOME

                    ON THE OPIOID CRISIS.  AND IS THERE AN AMOUNT OF MONEY WITHIN THIS

                    BUDGET THAT IS DEDICATED TO THE HEROIN EPIDEMIC AND OPIOID CRISIS THAT

                    WE HAVE IN THE STATE?

                                         53



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                                 MS. WEINSTEIN:  WITHIN THIS BUDGET THERE'S

                    APPROXIMATELY $250 MILLION FOR OPIOID-RELATED SERVICES TREATMENT.

                                 MR. OAKS:  I'M SORRY.  HOW MUCH AGAIN?

                                 MS. WEINSTEIN:  $250 -- APPROXIMATELY $250

                    MILLION.

                                 MR. OAKS:  AND IS THAT SIMILAR AS -- AS IT'S BEEN

                    BEFORE?  I KNOW SOME OF THE QUESTION ABOUT THE STEWARDSHIP DOLLARS

                    AND WHERE THEY WERE GOING.

                                 MS. WEINSTEIN:  IT -- IT'S ABOUT A $15 MILLION

                    INCREASE FROM WHERE THE GOVERNOR HAD -- WHERE THE GOVERNOR HAD

                    PROPOSED IN HIS EXECUTIVE BUDGET.

                                 MR. OAKS:  ONE OF THE PROGRAMS THAT YOU AND I

                    HEARD SOME TESTIMONY ABOUT AT THE BUDGET HEARINGS WAS LOCAL COUNTY

                    MENTAL HEALTH DEPARTMENTS AND LOCAL SHERIFFS WORKING FOR SOME JAIL-

                    BASED SUBSTANCE ABUSE DISORDER TREATMENT.  THAT WAS NOT AN INITIATIVE

                    IN THE GOVERNOR'S INITIAL BUDGET.  DID THAT -- DID FUNDING FOR THAT

                    PROGRAM SURVIVE IN -- IN THE FINAL BUDGET?

                                 MS. WEINSTEIN:  YES.  IF YOU -- YES, IT DID.  IF

                    COULD -- IF YOU WOULD WAIT A MOMENT, I COULD TELL YOU THE DOLLAR

                    AMOUNT.

                                 MR. OAKS:  I WOULD -- I WOULD APPRECIATE THAT.  I

                    KNOW THEY'VE BEEN ASKING FOR A SIGNIFICANT NUMBER SO THAT IT WOULD BE

                    STATEWIDE.  AND SO, DO WE KNOW IF THIS -- IS THERE DOLLARS FOR

                    DEMONSTRATION OR TARGETED COUNTIES, OR IS IT A STATEWIDE PROGRAM AND

                    HOW MUCH?

                                         54



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                                 MS. WEINSTEIN:  IT'S -- IT'S $3.75- AND THE LOCATIONS

                    TO BE DETERMINED AT A LATER DATE.

                                 MR. OAKS:  ONE OF -- I -- I KNOW HERE IN ALBANY

                    COUNTY THERE'S BEEN A PROGRAM THAT SHOWED A SIGNIFICANT REDUCTION IN

                    RECIDIVISM RATES, AND CERTAINLY A LOT OF THE PEOPLE WHO COME IN AND OUT

                    OF OUR JAILS END UP BEING PEOPLE WITH SUBSTANCE ABUSE AND, OBVIOUSLY,

                    MAY END UP WITH -- DEALING WITH SOME OF THE HEROIN AND OPIOID

                    PROBLEMS.  AND SO CERTAINLY, HOPEFULLY, THIS IS SOMETHING THAT WE CAN

                    HAVE AN IMPACT IN THE STATE.

                                 JUMPING OVER TO SOME OF THE AREA (SIC) IN HUMAN

                    SERVICES, I HAD NOTICED THAT THERE'S A $5 MILLION NEW APPROPRIATION IN

                    THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR HUMAN SERVICES

                    ORGANIZATIONS, BUT IT'S A LUMP SUM.  DO WE HAVE ANY IDEA WHAT THOSE

                    DOLLARS ARE GOING TO BE USED FOR?

                                 MS. WEINSTEIN:  I -- I THINK THAT LATER IN THE YEAR

                    THERE WILL -- THERE WILL BE A RESOLUTION THAT WILL ALLOCATE -- SUB-ALLOCATE

                    THAT LUMP SUM --

                                 MR. OAKS:  ALL RIGHT --

                                 MS. WEINSTEIN:  -- AMOUNT TO VARIOUS PROGRAMS

                    THROUGHOUT THE STATE.

                                 MR. OAKS:  WE'LL LOOK FORWARD TO SEEING WHERE

                    THOSE GO IN.  AND -- AND DO YOU KNOW IF THERE'S GOING TO BE A (SIC)

                    APPLICATION PROCESS OR WHATEVER FOR THAT, OR DON'T WE KNOW YET?

                                 MS. WEINSTEIN:  I -- I THINK WE'LL BE ASSESSING THE

                    NEEDS AROUND THE -- AROUND THE STATE, TAKE INPUT FROM MEMBERS WHO

                                         55



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    KNOW THEIR COMMUNITIES, AND PROVIDE IN A RESOLUTION WAYS TO SERVICE,

                    THROUGHOUT THE STATE, INDIVIDUALS.

                                 MR. OAKS:  THANK YOU.  IN -- IN THE -- THERE'S $130

                    MILLION FOR A CHILDCARE DEVELOPMENT BLOCK GRANT REAUTHORIZATION, AND

                    A QUESTION ARISES WHETHER THAT'S GOING TO BE ENOUGH MONEY TO COVER THE

                    COST OF NEW FEDERAL CHILDCARE STANDARDS.

                                 MS. WEINSTEIN:  YES.  YES.  WE DO -- WE DO

                    BELIEVE SO.  WE ALLOCATE UP TO $80 MILLION TO ADDRESS THE FEDERAL CHILD

                    CARE COMPLIANCE STANDARDS, AS WELL AS HAVE FUNDING FOR AT LEAST $10

                    MILLION TO SUPPLEMENT LOCAL FUNDING FOR ADDITIONAL CHILD CARE SLOTS,

                    WITH THE REMAINDER BEING APPLIED TO FUNDING FOR THE NEW CHILD CARE

                    MARKET RATE WHICH WILL BECOME EFFECTIVE IN OCTOBER OF THIS YEAR.

                                 MR. OAKS:  SEEING AS THIS IS THE AID TO LOCALITIES

                    BILL, I CAN'T GO THROUGH WITHOUT ASKING A QUESTION THAT I ASK ANNUALLY.

                    WE -- WE TALKED A LITTLE BIT ON -- ON THE LAST BILL ABOUT MANDATE AND --

                    AND MEDICAID RELIEF.  DO WE SEE ANYTHING HERE WHERE WE'RE PROVIDING

                    RELIEF TO OUR LOCAL MUNICIPALITIES FOR MANDATE RELIEF?  DO WE -- DO WE

                    SEE ANYTHING -- I KNOW MUNICIPALITIES ASK ME REGULARLY, LOCAL TOWNS,

                    VILLAGES, AS WELL AS OUR COUNTIES AND SCHOOLS.

                                 MS. WEINSTEIN:  WELL, IN -- IN THIS BUDGET WE HAVE

                    A CHIPS INCREASE OF $55 MILLION.  WE HAVE CHILD WELFARE RESTORATIONS

                    OF $17 MILLION.  COMMUNITY COLLEGE BASE AID INCREASE, WHICH I THINK

                    WE DISCUSSED EARLIER, IS $6.3 MILLION AND PAYMENTS TO MUNICIPALITIES

                    THAT HOST SUNY RESIDENTIAL CAMPUSES, $1.1 MILLION.

                                 MR. OAKS:  SO, WE'VE DONE SOME THINGS WITH DOLLARS

                                         56



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    THAT MAY TAKE SOME OF THE BURDEN OFF.  ANYTHING -- EXCUSE ME -- ON THE

                    REGULATORY SIDE ITSELF, OR JUST LIFTING SOME OF THE RESPONSIBILITIES THAT WE

                    MIGHT JUST INCREASE THE COSTS DUE TO THOSE EXTRA WORK WE PUT ON OUR

                    MUNICIPALITIES?

                                 MS. WEINSTEIN:  JUST TO ADD ONE TO THE PRIOR

                    QUESTION, WE DID ELIMINATE THE LOCAL MATCH FOR THE COMMUNITY SERVICE

                    BLOCK GRANTS, BUT AS IT RELATE TO REGULATION, I'M NOT AWARE OF CHANGES IN

                    --

                                 MR. OAKS:  AND YOU CAN BET --

                                 MS. WEINSTEIN:  -- REGULATIONS IN THIS BILL.

                                 MR. OAKS:  THAT CHANGE TO THE LOCAL MATCH COULD

                    MAKE A SIGNIFICANT DIFFERENCE AS LONG AS, YOU -- YOU KNOW, THE COUNTIES

                    OR -- OR THE MUNICIPALITY ARE ELIGIBLE FOR THAT.  SO I'M SURE THAT WILL BE

                    -- WILL BE APPRECIATED.

                                 MS. WEINSTEIN:  YES.

                                 MR. OAKS:  BUT NOTHING ON THE OTHER -- ON THE OTHER

                    SIDE.

                                 MS. WEINSTEIN:  NO.

                                 MR. OAKS:  LET'S JUMP TO JUST IN -- IN THE HEALTHCARE.

                    I KNOW THAT THE GOVERNOR PROPOSED CREATING A NEW HEALTHCARE

                    SHORTFALL ACCOUNT OF $1 BILLION.  FROM WHAT WE HAVE SO FAR, WE WOULD

                    SENSE THAT THAT'S BEEN ELIMINATED -- WE KNOW AS FROM THE HCRA

                    PORTION.  SO, ARE WE NO LONGER EXPECTING TO RECEIVE THE FUNDS THROUGH

                    THE POTENTIAL CONVERSION OF INSURANCE COMPANIES FROM NOT-FOR-PROFITS?

                                 MS. WEINSTEIN:  THERE WILL BE A -- I ANTICIPATE

                                         57



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    THERE WILL BE A PROPOSAL THAT WE'LL BE ABLE TO DISCUSS WHEN WE -- THAT

                    WILL BE CONTAINED WITHIN THE REVENUE BILL.

                                 MR. OAKS:  OKAY.  SO LATER ON --

                                 MS. WEINSTEIN:  SO, I'D PREFER TO WAIT UNTIL THEN.

                                 MR. OAKS:  SO, MAYBE I WILL HOLD MY QUESTIONS

                    ABOUT THAT UNTIL THEN.  THE ESSENTIAL PLAN, FORMERLY THE BASIC HEALTH

                    PLAN, IS PART OF THE ACA THAT WOULD PROVIDE MORE AFFORDABLE COVERAGE

                    FOR LOW-INCOME FAMILIES.  AND THIS FALL, OR THIS PAST FALL, A PRESIDENTIAL

                    EXECUTIVE ORDER ELIMINATED THE COST-SHARING REDUCTION PAYMENTS

                    WHICH ARE WHAT NEW YORK USED TO HELP PARTIALLY FUND THE PLAN.  SO,

                    HOW CAN NEW YORK MOVE THE VALUE-BASED PAYMENT QUALITY

                    IMPROVEMENT PROGRAM INTO THE ESSENTIAL TRUST FUND?

                                 MS. WEINSTEIN:  WELL, THE -- IN TERMS OF THE

                    FINANCES OF THAT, THE GOVERNOR HAS -- THE EXECUTIVE, DOB, HAS FIGURED

                    OUT HOW TO CONTINUE WITH THE ESSENTIAL HEALTH COVERAGE WITHOUT HAVING

                    A COST IMPLICATION IN THIS BUDGET.

                                 MR. OAKS:  IS -- IS THERE A CONCERN -- SO IF WE LOOK

                    AT IT AND SAY WELL, WHAT IF THERE'S A FEDERAL AUDIT THAT SAYS THAT THEY

                    COME TO THE CONCLUSION THAT THOSE FUNDS ARE BEING USED TO FIND ROOM

                    UNDER THE MEDICAID GLOBAL CAP, AND EVEN IF THERE CURRENTLY IS NOW LAW

                    AGAINST MOVING THOSE.

                                 MS. WEINSTEIN:  WE ARE PRETTY CONFIDENT -- OR THE

                    EXECUTIVE IS PRETTY CONFIDENT THAT THERE WOULD NOT BE INAPPROPRIATE USE

                    OF THOSE DOLLARS, BUT -- OF THOSE FEDERAL DOLLARS, BUT IF THERE WERE AN

                    AUDIT AND IT WAS DETERMINED THAT IT WAS, WE WOULD -- OBVIOUSLY THERE

                                         58



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    HAVE AT TIMES IN THE PAST BEEN THOSE KINDS OF FINDINGS, AND WE WOULD

                    HAVE TO ADDRESS IT IN A FUTURE BUDGET.

                                 MR. OAKS:  THANK YOU VERY MUCH.

                                 ACTING SPEAKER AUBRY:  MR. MORINELLO.

                                 MR. MORINELLO:  THANK YOU.  WILL THE SPONSOR

                    YIELD?

                                 MS. WEINSTEIN:  YES.

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN

                    YIELDS.

                                 MS. WEINSTEIN:  CAN YOU USE THE MIC, PLEASE, SIR?

                                 MR. MORINELLO:  I HAVE VERY FEW QUESTIONS.

                    THERE'S A PROVISION IN HERE DEALING WITH NATIVE AMERICAN CASINOS AND

                    A PROJECTED REVENUE FOR THE HOST CITIES, NIAGARA FALLS BEING ONE OF

                    THEM, WHERE IT STATES $11 MILLION.  THE SAME ISSUE OCCURRED LAST YEAR,

                    AND THE COMPACT ISSUE WAS NOT COMPLETED NOR WAS IT NEGOTIATED.  AT

                    THIS POINT, THE CITY OF NIAGARA FALLS IS BEHIND ALMOST $22 MILLION.  IS

                    THERE ANY PROVISIONS IN THIS BUDGET TO ASSIST THE CITY OF NIAGARA FALLS

                    OVER AND ABOVE WHAT OTHER CITIES WOULD HAVE RECEIVED, BASED UPON A

                    STATE AND SENECA COMPACT DISPUTE?

                                 MS. WEINSTEIN:  IT'S NOT ADDRESSED IN THE -- WE'RE

                    NOT ADDRESSING IT HERE IN THE BUDGET.  I KNOW THAT THERE -- I BELIEVE

                    THERE MAY BE SOME ARBITRATION GOING ON ON THAT ISSUE AS WE SPEAK.

                                 MR. MORINELLO:  WELL, THE ISSUE WITH THE

                    ARBITRATION IS THEY HAVEN'T EVEN BEEN ABLE TO DECIDE ON AN ARBITRATOR,

                    AND WE ANTICIPATE THAT'S GOING TO BE AT LEAST ANOTHER YEAR TO TWO.  AND

                                         59



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    AT THIS POINT, IT IS PUTTING THE CITY CLOSE TO BANKRUPTCY.  AND IT'S A

                    DISPUTE THAT NIAGARA FALLS IS THE VICTIM, BUT NOT PART OF THE DEBATE.  SO

                    THE QUESTION AGAIN IS, IS THERE OR HAS THERE BEEN ANY CONSIDERATION TO

                    ASSIST THOSE AREAS THAT ARE SUFFERING BECAUSE OF THE STATE AND THE

                    SOVEREIGN NATION HAVING A DISPUTE?

                                 MS. WEINSTEIN:  NO.  AS -- AS YOU KNOW, THAT

                    THERE HAVE BEEN -- THE LAST THREE PAYMENTS HAVE BEEN WITHHELD BY THE

                    SENECA NATION.  SO, IN -- IN -- WE DON'T HAVE -- THE EASY SOLUTION WOULD

                    BE FOR THEM TO PROVIDE THOSE FUNDING -- THAT FUNDING TO THE STATE SO IT

                    CAN GET BACK TO THE LOCALITY, BUT IN -- AT THE MOMENT IT IS STILL IN

                    DISCUSSION WITH AN ANTICIPATION OF BEING RESOLVED --

                                 MR. MORINELLO:  WELL, THAT WAS THE SAME --

                                 MS. WEINSTEIN:  -- IN 2019.

                                 MR. MORINELLO:  -- ANSWER LAST YEAR.  HAS THERE

                    BEEN ANY DISCUSSION --

                                 MS. WEINSTEIN:  BUT IT WAS A DIFFERENT PERSON

                    GIVING IT TO YOU.

                                 (LAUGHTER)

                                 MR. MORINELLO:  I KNOW.  I -- I APOLO -- I -- BUT

                    HAS THERE BEEN ANY DISCUSSIONS OR CAN THERE BE DISCUSSIONS TO ALLOW THE

                    CITY OF NIAGARA FALLS TO NEGOTIATE ON THEIR OWN SO THAT THEY DON'T GO

                    INTO BANKRUPTCY?  I MEAN, WE'VE HAD TWO NON-NATIVE CASINOS COME

                    ASKING FOR RELIEF FROM THIS BODY BECAUSE THEIR REVENUES ARE NOT AS HIGH

                    AS THEY THOUGHT THEY WERE GOING TO BE, YET WE HAVE ONE OF OUR OWN

                    CITIES, WITH OUR OWN TAXPAYING CITIZENS, THAT ARE SUFFERING AND ON THE

                                         60



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    BRINK OF BANKRUPTCY.  SO THE QUESTION PART OF THAT WAS, WAS THERE ANY

                    CONSIDERATION TO ALLOW THE CITY TO NEGOTIATE ON THEIR OWN TO BE MADE

                    WHOLE?

                                 MS. WEINSTEIN:  NOT AS PART OF THIS BUDGET.

                                 MR. MORINELLO:  THANK YOU VERY MUCH.

                                 ACTING SPEAKER AUBRY:  MR. MURRAY.

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

                    THE CHAIRWOMAN YIELD FOR A FEW QUESTIONS, PLEASE?

                                 MS. WEINSTEIN:  YES.  I'D BE HAPPY TO.

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN

                    YIELDS.

                                 MR. MURRAY:  THANK YOU, HELENE.  I'D LIKE TO TURN

                    TO PAGE 921 UNDER THE SECTION OF DEPARTMENT OF STATE AND, IN

                    PARTICULAR, THE OFFICE FOR NEW AMERICANS.  THE OFFICE FOR NEW

                    AMERICANS, IT SAYS, IS FOR SERVICE AND EXPENSES RELATED TO PROGRAMS

                    WHICH ASSIST NON-CITIZENS IN THEIR ATTAINMENT OF CITIZENSHIP, INCLUDING

                    SUB-ALLOCATION OR TRANSFER TO ANY DEPARTMENT, AGENCY OR PUBLIC

                    AUTHORITY.  IT GOES ON TO SAY THAT IT'S -- IT'S BASICALLY AIDING NON-CITIZENS

                    TO BECOME CITIZENS, WHICH I BELIEVE IS A -- IS A GREAT PROGRAM.  AND I

                    BELIEVE WE'RE ALLOCATING THE SAME AS LAST YEAR, I THINK $6.4- AND CHANGE

                    MILLION.  IS THAT CORRECT?

                                 MS. WEINSTEIN:  THESE FUNDS ARE IN THE

                    DEPARTMENT OF STATE.  AS YOU SAY, IT'S FOR CIVIL LEGAL SERVICES TO ASSIST

                    IMMIGRANTS.  YES, IT WAS PROPOSED BY THE GOVERNOR.

                                 MR. MURRAY:  RIGHT.  AND THAT PORTION -- AS FAR AS

                                         61



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    THE OFFICE FOR NEW AMERICANS, THAT PORTION IS THE $6.44 MILLION.  IS

                    THAT CORRECT?

                                 MS. WEINSTEIN:  YES.

                                 MR. MURRAY:  NOW A LITTLE FURTHER DOWN, THERE'S AN

                    ADDITIONAL EXPENSES AND SERVICES.  SIMILAR, IS THAT THE PORTION THAT IS

                    BEING REFERRED TO AS THE LIBERTY DEFENSE PROJECT?

                                 MS. WEINSTEIN:  YES.  THAT IS CORRECT.

                                 MR. MURRAY:  OKAY.  THAT'S WHAT I THOUGHT.

                    OKAY.  AND LAST YEAR WE ALLOCATED AN EXTRA $10 MILLION FOR THAT,

                    CORRECT?

                                 MS. WEINSTEIN:  YES.

                                 MR. MURRAY:  OKAY.  NOW WE'RE REALLOCATING THE

                    $10 MILLION THIS YEAR.  IS THAT CORRECT?

                                 MS. WEINSTEIN:  IT'S A -- THIS $5 MILLION IS A NEW

                    $5 MILLION.  THERE MAY BE SOME OF THAT MONEY THAT'S BEING REAPPROPED

                    (SIC), BUT THE NEW MONEY IS -- IS THE $5 MILLION.

                                 MR. MURRAY:  WELL, RIGHT.  BUT I MEAN, WE'RE --

                    WE'RE RE-APPROPRIATING THE $10 MILLION.  HOW MUCH OF THAT IS CASH?

                    HOW MUCH OF THE RE-APPROPRIATION, HOW MUCH CASH DO WE HAVE FROM

                    THAT RE- APPROPRIATION?

                                 MS. WEINSTEIN:  I'D -- I'D HAVE TO GET BACK TO YOU,

                    MR. MURRAY, ON THAT.

                                 MR. MURRAY:  OKAY.  BUT THEN -- THEN AS YOU

                    MENTIONED, WE ARE NOW APPROPRIATING AN ADDITIONAL $5 MILLION.

                                 MS. WEINSTEIN:  CORRECT.

                                         62



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                                 MR. MURRAY:  AND THAT WOULD ALSO BE FOR THE

                    LIBERTY DEFENSE PROJECT, CORRECT?

                                 MS. WEINSTEIN:  YES.  CORRECT.

                                 MR. MURRAY:  OKAY.  NOW, THAT PROJECT, ALSO WHAT

                    THAT DOES IS THAT OFFERS LEGAL SERVICES, INCLUDING A LEGAL DEFENSE FOR

                    ILLEGAL IMMIGRANTS WHO ARE BEING THREATENED WITH DEPORTATION.  IS THAT

                    CORRECT?

                                 MS. WEINSTEIN:  WELL, I -- NON-CITIZENS ARE NOT

                    MENTIONED IN THE LANGUAGE, AND SO IT MAY, IN FACT, SUPPORT LEGAL

                    SERVICES FOR UNDOCUMENTED INDIVIDUALS.

                                 MR. MURRAY:  WELL, YEAH.  THE -- THE FIRST PORTION,

                    THE OFFICE FOR NEW AMERICANS, THE $6.4-, THAT IS GOING TO MANY OF THE

                    SERVICES FOR NON-CITIZENS WHO ARE BECOMING CITIZENS.  BUT THIS

                    ADDITIONAL EXPENSE -- AND I'LL READ IT-- IT SAYS "... SERVICES RELATED TO

                    PROGRAMS WHICH ASSIST NON-CITIZENS, INCLUDING SUB-ALLOCATION, ARE

                    TRANSFERRED TO ANY DEPARTMENT, AGENCY OR PUBLIC AUTHORITY, SUCH

                    SERVICES SHALL BE LIMITED TO LEGAL SERVICES, CASE MANAGEMENT, ENGLISH

                    AS A SECOND LANGUAGE, JOB TRAINING AND PLACEMENT ASSISTANCE AND

                    POST-EMPLOYMENT SERVICE NECESSARY TO ENSURE JOB RETENTION."  BUT IT

                    DOES, IN FACT, SAY NON-CITIZEN, CORRECT?  SO, FOR EXAMPLE, AN ILLEGAL

                    IMMIGRANT PICKED UP, GOING THROUGH A POSSIBLE DEPORTATION PROCESS,

                    CAN GET LEGAL DEFENSE THROUGH THIS FUND, CORRECT?

                                 MS. WEINSTEIN:  IT IS POSSIBLE THAT AN

                    UNDOCUMENTED INDIVIDUAL IN OUR STATE COULD ACCESS SERVICES THAT

                    WOULD BE PROVIDED THROUGH THIS FUND, YES.

                                         63



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                                 MR. MURRAY:  OKAY.  NOW, THE GOVERNOR ON

                    MARCH 13TH OF THIS YEAR PUT OUT A PRESS RELEASE REGARDING THE OFFICE FOR

                    NEW AMERICANS AND, IN FACT, SPECIFICALLY MENTIONED THE LIBERTY

                    DEFENSE PROJECT AND SAID IN ITS FIRST SIX MONTHS OF OPERATION, THE

                    LIBERTY DEFENSE PROJECT PROVIDED MORE THAN 3,000 FREE AND

                    CONFIDENTIAL SERVICES TO INDIVIDUALS NEEDING LEGAL ASSISTANCE THROUGH

                    ITS NETWORK OF 47 COMMUNITY-BASED GROUPS.  DO YOU KNOW, IN THIS BILL

                    IS THERE ANY REQUIREMENT FOR MAKING THAT INFORMATION AVAILABLE TO THE

                    TAXPAYERS AS TO WHAT SERVICES ARE BEING DELIVERED AND TO WHOM?

                                 MS. WEINSTEIN:  NO.

                                 MR. MURRAY:  SO, WE -- WE'RE -- WE'RE PUTTING $10

                    MILLION IN LAST YEAR, WE'RE PUTTING ANOTHER $5 MILLION IN THIS YEAR, BUT

                    WE DON'T KNOW SPECIFICALLY WHAT IT'S GOING FOR.

                                 MS. WEINSTEIN:  WELL, THERE -- WE LIST THE TYPES OF

                    SERVICES, AS IN -- IN LOTS OF FUNDING WE DO FOR LEGAL SERVICES, FOR CIVIL

                    LEGAL SERVICE PROGRAMS.  WE LIST THE TYPE OF FUNDING THAT -- SERVICES

                    THAT COULD BE FUNDED THROUGH THIS PROGRAM, AND WE HAVE THOSE BROAD

                    PERIMETERS OF NEW AMERICANS.  IN MY OWN DISTRICT, I HAVE MANY

                    RUSSIAN-AMERICAN IMMIGRANTS, CARIBBEAN-AMERICAN IMMIGRANTS, WHO

                    ARE NOT YET CITIZENS.  CHINESE-AMERICAN IMMIGRANTS WHO ARE NOT YET

                    CITIZENS.  I'M SURE SOME OF THEM HAVE AVAILED THEMSELVES OF THESE

                    SERVICES.

                                 MR. MURRAY:  RIGHT.  THANK YOU, MS. WEINSTEIN.

                                 MR. SPEAKER, COULD I SPEAK ON THE BILL, PLEASE?

                                 ACTING SPEAKER AUBRY:  YOU CERTAINLY MAY.

                                         64



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                                 ON THE BILL.

                                 MR. MURRAY:  THANK YOU.  SO, THE -- THE CONCERN

                    THAT I HAVE IS, AS -- AS MY COLLEAGUE JUST MENTIONED, YOU'RE CORRECT.

                    THERE -- THERE ARE BASICALLY TWO POTS OF MONEY THAT WE ARE ALLOCATING

                    WITH OUR TAX DOLLARS.  THE FIRST IS FOR THE OFFICE OF NEW AMERICANS,

                    WHICH PROVIDES SERVICES FOR NON-CITIZENS TO HELP THEM IN THEIR

                    TRANSITION TO BECOMING CITIZENS AND BEING HERE LEGALLY.  BUT THEN WE'VE

                    SET ANOTHER POT ASIDE, WHICH IS EVEN MORE MONEY -- $10 MILLION LAST

                    YEAR, ANOTHER $5 MILLION THIS YEAR -- AND THAT'S FOR THE LIBERTY DEFENSE

                    FUND.  AND I JUST WANT YOU TO THINK ABOUT THE FACT THAT THE TAXPAYERS

                    ARE PICKING UP THE -- THE BILL FOR BOTH SIDES HERE.  SEE, OUR TAXES FUND

                    THE JUSTICE DEPARTMENT.  THE JUSTICE DEPARTMENT ARE THE ONES TAKING

                    ACTION TO DEPORT THOSE HERE ILLEGALLY WHO HAVE COMMITTED CRIMES AND,

                    YET, WE ARE NOW ASKING THE TAXPAYERS, THROUGH THIS FUND, TO SUPPORT THE

                    DEFENSE OF THE DEPORTATION PROCEEDING.  SO, WE'RE HITTING THE TAXPAYERS

                    TWICE, PAYING FOR THE LEGAL FUNDS FOR THOSE HERE ILLEGALLY.  THE

                    GOVERNOR IS BRAGGING ABOUT THE FACT THAT WE SERVED 3,000 PEOPLE.

                    WELL, THAT'S -- THAT'S TERRIFIC, EXCEPT FOR ONE THING:  WHAT ARE THE

                    SERVICES?  WHAT DID WE PROVIDE TO THEM?  MY CONCERN IS THIS:  WE

                    HAVE A PROBLEM ON LONG ISLAND WITH MS-13 AND SOME OF THE GANGS,

                    AND MANY OF THESE GANG MEMBERS ARE HERE, IN FACT, ILLEGALLY.  THE

                    POLICE DEPARTMENT, WE HAVE A TASK FORCE THAT'S CRACKED DOWN ON THEM.

                    THEY'VE MADE QUITE A FEW ARRESTS.  THEY ARE MAKING GREAT PROGRESS IN

                    CRACKING DOWN ON THESE GANGS AND CAPTURING THESE PEOPLE AND THEN

                    TRYING TO REMOVE THEM.  MY CONCERN IS, ARE WE USING OUR TAX DOLLARS

                                         65



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    AFTER WE'VE ALREADY CAPTURED THESE PEOPLE THAT ARE COMMITTING HEINOUS

                    CRIMES, WE'RE TRYING TO DEPORT THEM, ARE WE NOW USING OUR TAX DOLLARS

                    TO PROVIDE LEGAL SERVICES TO FIGHT THEIR DEPORTATION, TO KEEP THEM HERE?

                    WE DON'T KNOW.  WE HAVE NO IDEA WHERE THAT MONEY IS GOING BECAUSE

                    THERE'S NO REPORT, THERE'S NOTHING.  IN FACT, THE GOVERNOR EVEN SAID

                    "CONFIDENTIAL SERVICES."  WELL, WE'VE HAD ENOUGH OF THOSE CONFIDENTIAL

                    THINGS.  WE NEED A LITTLE MORE SUNLIGHT.  I THINK THE TAXPAYERS DESERVE

                    TO KNOW WHERE THEIR MONEY IS GOING.

                                 FOR THAT REASON AND MANY OTHERS, I'LL BE VOTING AGAINST

                    THIS BILL.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MR. GOODELL.

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

                    THE SPONSOR YIELD?

                                 MS. WEINSTEIN:  YES.

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN

                    YIELDS.

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

                    AS YOU KNOW, THIS BUDGET BILL HAS PAGE AFTER PAGE AFTER PAGE OF LISTINGS

                    OF VARIOUS NOT-FOR-PROFIT ORGANIZATIONS AND MANY, MANY FINE, FINE

                    NOT-FOR-PROFIT ORGANIZATIONS ARE LISTED.  I'M NOT DISPARAGING ANY OF

                    THEM.  BUT THERE'S PROBABLY THOUSANDS LISTED IN THIS BILL, AND EACH ONE

                    HAS A LINE ITEM.  AND IT'S ALL ROUND NUMBERS, $100,000, A

                    QUARTER-MILLION, WHATEVER.  MY -- AT THE SAME TIME, AS YOU KNOW, IN

                    THE PAST WE'VE HAD A NUMBER OF CORRUPTION CASES INVOLVING NON-PROFITS

                    WHERE ONE OF OUR OWN ELECTED OFFICIAL, AN ASSEMBLYMEMBER OR A

                                         66



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    SENATOR, FOR EXAMPLE, WORKED THE SYSTEM AND GOT MONEY DIRECTED TO A

                    NON-PROFIT, AND THEN HAD A FRIEND OR RELATIVE RUNNING THE NON-PROFIT, RAN

                    IT HIMSELF, TOOK THE MONEY FROM THE NON-PROFIT.  AND YOU'RE PROBABLY

                    FAMILIAR WITH THE EXAMPLES, AS I AM.  ASSEMBLYMAN MCLAUGHLIN --

                    THAT'S BRIAN MCLAUGHLIN -- SENATOR GONZALEZ, JR., SENATOR ESPADA,

                    SENATOR HUNTLEY.  SO MY QUESTION IS, HAVE -- IS THERE A RESTRICTION IN

                    THIS BILL OR ANY OTHER BILL THAT PROHIBITS LINE ITEM FUNDING TO A

                    NOT-FOR-PROFIT IF THAT NOT-FOR-PROFIT IS ORGANIZED BY A MEMBER OF THIS

                    ASSEMBLY OR THE SENATE OR IS RUN BY AN IMMEDIATE RELATIVE OF -- OF A

                    MEMBER?

                                 MS. WEINSTEIN:  I -- I BELIEVE SO.  THESE -- NOT

                    CONTAINED WITHIN THE BUDGET, BUT UNDER CONTROL -- THESE PROJECTS ARE ALL

                    REVIEWED.  THE CONTRACTS ARE REVIEWED BY -- BOTH THE COMPTROLLER AND

                    THE ATTORNEY GENERAL WILL HAVE TO SIGN OFF ON THEM.  AND UNDER THEIR

                    RULES, THE CATEGORIES THAT YOU DESCRIBED ARE PROHIBITED -- WOULD BE

                    PROHIBITED ENTITIES TO RECEIVING FUNDING.

                                 MR. GOODELL:  AND AS YOU KNOW, OUR STATE

                    CONSTITUTION RESTRICTS THE GIFTING OF ANY FUNDS WITH CERTAIN ENUMERATED

                    EXCEPTIONS.  HAS THERE BEEN AN ANALYSIS DONE OF ALL OF THESE INDIVIDUAL

                    LINE ITEM APPROPRIATIONS TO ENSURE THAT EACH AND EVERY ONE OF THEM

                    FALLS WITHIN THOSE ENUMERATED EXCEPTIONS?

                                 MS. WEINSTEIN:  IF -- IF THEY HAVE NOT BEEN

                    PREVIOUSLY FUNDED AND GONE THROUGH THAT REVIEW PROCESS BY THE

                    ATTORNEY GENERAL AND BY THE COMPTROLLER BEFORE MONIES WENT --

                    BEFORE CONTRACTS WOULD BE ENTERED INTO, IN ORDER TO RELEASE THESE FUNDS,

                                         67



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    THAT -- THAT PROCESS WILL TAKE PLACE.

                                 MR. GOODELL:  I -- I JUST WANTED TO FOLLOW UP JUST

                    BRIEFLY WITH A COMMENT OF MY COLLEAGUE ON PAGE 256, STARTING ON LINE

                    32.  THERE'S A PROVISION THAT APPROPRIATES $5 MILLION.  IT SAYS THE FUNDS

                    FROM THIS APPROPRIATION SHALL BE ALLOCATED ONLY PURSUANT TO A PLAN

                    APPROVED BY THE SPEAKER OF THE ASSEMBLY AND APPROVED BY A

                    RESOLUTION OF THIS LEGISLATURE.  IS THERE ANY WRITTEN PLAN THAT HAS

                    ALREADY BEEN DEVELOPED AS TO HOW THESE FUNDS WILL BE ALLOCATED?

                                 MS. WEINSTEIN:  NOT AS -- NOT AS OF YET.

                                 MR. GOODELL:  AND DO WE ANTICIPATE THAT THAT PLAN

                    WILL BE DEVELOPED IN AN OPEN, TRANSPARENT MANNER WITH INPUT FROM

                    MEMBERS OF THE MINORITY AS WELL AS THE MAJORITY AND MEMBERS OF THE

                    PUBLIC?

                                 MS. WEINSTEIN:  THE RESOLUTION WILL BE BEFORE THE

                    LEGISLATURE -- BEFORE OUR VERY -- BEFORE THE WAYS AND MEANS

                    COMMITTEE, AND WE'LL HAVE OPPORTUNITY TO COMMENT ON THOSE SPECIFICS

                    OF THOSE -- THAT RESOLUTION.

                                 MR. GOODELL:  AND IS THERE ANY PROCESS THAT'S

                    BEEN DESIGNATED FOR ENTITIES THAT WANT TO SEEK SOME OF THAT $5 MILLION,

                    OR IS THIS SOMETHING THAT'S JUST GOING TO COME OUT WITH A RESOLUTION

                    LISTING THE AWARD WINNERS WITHOUT ANY APPLICATION, ANY PUBLIC REVIEW

                    OR ANY OTHER PROCESS?

                                 MS. WEINSTEIN:  THERE'S NOT A -- A FORMAL PROCESS,

                    BUT AGAIN, THERE IS CONSULTATION WITH AGENCIES, WITH GROUPS THAT PROVIDE

                    THESE SERVICES, AND WITH, AS I MENTIONED EARLIER, WITH MEMBERS TO --

                                         68



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    LOOKING AT GROUPS WHO HAVE PREVIOUSLY PROVIDED THESE SERVICES TO HELP

                    DETERMINE HOW TO ALLOCATE THESE FUNDS WHICH WILL THEN, AS YOU

                    MENTIONED, BE VOTED UPON BY BOTH THE ASSEMBLY AND THE SENATE IN OUR

                    RESOLUTION.

                                 MR. GOODELL:  ACTUALLY, I -- I THINK IT ONLY -- IT'S

                    ONLY APPROVED BY THE ASSEMBLY, CORRECT?

                                 MS. WEINSTEIN:  ASSEMBLY, YES --

                                 MR. GOODELL:  THE RESOLUTION'S ONLY APPROVED BY

                    THE ASSEMBLY.

                                 MS. WEINSTEIN:  (INAUDIBLE)  BUT THERE -- THERE

                    WILL BE RESOLUTIONS -- THERE WILL BE RESOLUTIONS THAT WILL SUB-ALLOCATE

                    VARIOUS ASPECTS OF -- OF THIS BUDGET.  SO, I'M SORRY IF I MISSPOKE ON --

                    ON THIS SPECIFIC ONE.

                                 MR. GOODELL:  THANK YOU VERY MUCH, AND THANK

                    YOU ALL FOR YOUR PATIENCE AND YOUR RESPONSES.

                                 ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MR.

                    GOODELL.

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

                    BODY HAS BEEN ROUNDLY CRITICIZED BY GOOD GOVERNMENT GROUPS FOR -- IN

                    THE PAST FOR WHAT WAS KNOWN AS "MEMBER ITEMS," WHICH WAS AN

                    APPROPRIATION THAT, AS YOU KNOW, WAS ALLOCATED TO EACH OF US.  WE THEN

                    SELECTED A -- A WORTHY NOT-FOR-PROFIT AND DIRECTED THOSE FUNDS TO THOSE

                    NOT-FOR-PROFITS.  THE GOOD GOVERNMENT GROUPS CRITICIZED IT BECAUSE

                    THEY CORRECTLY NOTED IT WAS A WAY TO BUY VOTES USING TAXPAYER MONEY

                                         69



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    BY MAKING SURE THAT THOSE FUNDS WENT TO THOSE ORGANIZATIONS THAT NOT

                    ONLY DID GOOD THINGS, BUT WERE APPRECIATIVE OF THE SUPPORT THEY GOT

                    FROM THE MEMBER.  WE FORMALLY ELIMINATED, AS YOU KNOW, A FEW YEARS

                    AGO, THAT CONCEPT OF MEMBER ITEMS.  AND IT WAS ROUNDLY APPLAUDED.

                    YET, WHAT WE SEE IN THIS BUDGET IS LISTS OF LITERALLY HUNDREDS, IF NOT

                    THOUSANDS, OF INDIVIDUAL ORGANIZATIONS WHO GOT ON THIS LIST PRESUMABLY

                    WITH THE BACKING OF SOME INFLUENTIAL MEMBER, AND IT'S REALLY A

                    DISGUISED FORM OF MEMBER ITEMS.  BUT THE DISGUISE ISN'T VERY -- VERY

                    CONVINCING BECAUSE WE ACTUALLY HAVE A $5 MILLION MEMBER ITEM

                    APPROPRIATION IN THIS BILL FOR OUR SPEAKER.  AND WHILE I'M SURE OUR

                    SPEAKER HAS MANY, MANY VERY VALUABLE AND WELL-MEANING

                    NOT-FOR-PROFITS, IT'S NOT AN OPEN PROCESS.  THERE'S NO COMPETITIVE

                    BIDDING.  THERE'S NO OPPORTUNITY FOR ANY TRANSPARENCY.  AND WE DON'T

                    SEE THE RESOLUTION APPROVING THE ALLOCATION OF THOSE FUNDS TO THE

                    INDIVIDUAL ENTITIES UNTIL IT'S ALREADY BEEN APPROVED BEHIND CLOSED

                    DOORS.  IT'S A STEP BACKWARDS, AND I WOULD HOPE THAT IN THE FUTURE WE

                    RECOMMEND AGAINST THAT.  AND IN THE MEANTIME, I HOPE AND TRUST THAT

                    THE SPEAKER WILL CONSIDER ALL THE INCREDIBLY VALUABLE WORK DONE IN

                    MINORITY MEMBER DISTRICTS BY EQUALLY-QUALIFIED ENTITIES, AND SO CAN

                    SHARE THAT MEMBER ITEM ACROSS NEW YORK STATE WITHOUT REGARD TO

                    POLITICAL AFFILIATION OR GEOGRAPHIC LOCATION.

                                 WITH THAT CAVEAT, THANK YOU VERY MUCH, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                                         70



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. RYAN TO EXPLAIN HIS VOTE.

                                 MR. RYAN:  THANK YOU, MR. SPEAKER.  TWO YEARS

                    AGO, NEIGHBORHOOD LEGAL SERVICES IN BUFFALO FILLED OUT -- OUT AN

                    APPLICATION WITH THE OFFICE OF COURT ADMINISTRATION, AND THEY MADE A

                    MISTAKE IN THEIR APPLICATION.  AND BECAUSE OF THAT MISTAKE, THEY ARE

                    BEING DOCKED BY THE OFFICE OF COURT ADMINISTRATION FEES THAT WERE

                    SUPPOSED COME TO THEM TO PROVIDE SERVICES FOR HOMELESS YOUTH --

                    YOUTH EVICTION, PROTECTION IN ORDERS OF PROTECTION FOR VICTIMS OF

                    DOMESTIC VIOLENCE.  WE WERE ABLE TO GATHER TOGETHER THIS YEAR TO -- TO

                    DISCUSS THAT WITH THE HELPS OF MY COLLEAGUES ROBERT SCHIMMINGER,

                    CRYSTAL PEOPLES-STOKES, MONICA WALLACE.  WE BROUGHT THIS TO THE

                    ATTENTION OF THE CHAIRMAN OF THE JUDICIARY COMMITTEE, JEFF DINOWITZ,

                    AND HE REALLY DUG IN ON THIS ISSUE.  HE LISTENED TO HOW IT AFFECTED THE

                    PEOPLE OF BUFFALO.  AND HE AND WILL SCHWARTZ, WE MET WITH OCA AND

                    WE CAME UP WITH A FIX FOR HOW TO RESTORE THESE SERVICES TO THE PEOPLE

                    OF WESTERN NEW YORK, AND THAT'S CONTAINED IN THIS BUDGET ITEM.  SO, I

                    WANTED TO THANK EVERYONE WHO GATHERED TOGETHER TO MAKE THIS HAPPEN.

                    I THANK CHAIRMAN DINOWITZ, WHO ALSO HELPED WORK ON THIS, AND OF

                    COURSE THE SPEAKER.

                                 SO, WITH THAT, I WITHDRAW MY REQUEST AND I VOTE IN THE

                    AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. RYAN IN THE

                    AFFIRMATIVE.

                                         71



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                                 MR. PALUMBO.

                                 MR. PALUMBO:  THANK YOU, MR. SPEAKER, FOR

                    ALLOWING ME THE OPPORTUNITY TO EXPLAIN MY VOTE.  I JUST WANTED TO

                    COMMEND THE SPEAKER AND MY SENATOR, SENATOR LAVALLE, AS WELL AS

                    MY COLLEAGUE ON THE SOUTH FORK FOR $175,000 IN THIS BUDGET FOR THE

                    NORTH FORK MENTAL HEALTH INITIATIVE, WHICH WILL GO TOWARD A PROGRAM

                    FOR SOME MENTAL HEALTH SERVICES FOR OUR STUDENTS WHO ARE STRUGGLING

                    WITH SUICIDAL IDEATION AND ALL DEPRESSION ISSUES AND ALL ASSOCIATED

                    TYPES OF MALADIES.  SO THIS IS A WONDERFUL THING.  IT'S EXCLUSIVE TO MY

                    DISTRICT, SO I'M REALLY GRATEFUL THAT WE WERE ABLE TO GET IT IN THIS BUDGET.

                                 I WITHDRAW MY REQUEST AND I VOTE IN THE AFFIRMATIVE.

                    THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. PALUMBO IN THE

                    AFFIRMATIVE.

                                 MR. LALOR.

                                 MR. LALOR:  THANK YOU FOR THE OPPORTUNITY TO

                    EXPLAIN MY VOTE, MR. SPEAKER.  OVER THE YEARS, START-UP NEW YORK

                    HAS BECOME SYNONYMOUS WITH BOONDOGGLE.  IT'S NOT WORKING.  WE'RE

                    FIVE YEARS INTO THIS PROGRAM AND, YET, WE'RE GOING TO INVEST MORE

                    MONEY INTO IT.  WHEN WE CAN GET EMPIRE STATE DEVELOPMENT TO ANSWER

                    QUESTIONS ABOUT -- ABOUT THE START-UP NEW YORK PROGRAM, THEY SAY

                    WE'RE CHANGING THE PERCEPTION OF NEW YORK AS A STATE THAT'S UNFRIENDLY

                    TO BUSINESS.  BUT WHY ARE WE TAXING NEW YORKERS TO MISLEAD THEM?

                    WE'VE DONE NOTHING THIS YEAR.  WE'LL DO NOTHING TODAY.  WE'VE DONE

                    NOTHING LAST NIGHT TO MAKE THIS STATE MORE FRIENDLY TO BUSINESS.  IN FACT,

                                         72



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    WE'RE MAKING IT LESS FRIENDLY WITH SOME OF THE NEW TAXES THAT WE'RE

                    GOING TO BE IMPOSING, WITH THE ADDITIONAL SPENDING THAT WE'RE GOING TO

                    BE IMPOSING, WITH THE ABSENCE OF UNFUNDED MANDATE RELIEF ON OUR LOCAL

                    GOVERNMENTS.  AND YET, WE'RE BUYING TELEVISION TIME TO TELL OUR

                    CONSTITUENTS AND THE 20 MILLION PEOPLE IN THIS STATE THAT THINGS ARE

                    GETTING BETTER WHEN THEY ARE NOT.

                                 FOR THAT REASON AND MANY OTHERS, MR. SPEAKER, I'LL BE

                    VOTING IN THE NEGATIVE.

                                 ACTING SPEAKER AUBRY:  MR. LALOR IN THE

                    NEGATIVE.

                                 MS. WOERNER.

                                 MS. WOERNER:  THANK YOU, MR. SPEAKER, FOR

                    ALLOWING ME THE OPPORTUNITY TO EXPLAIN MY VOTE.  THIS YEAR'S BUDGET

                    INCLUDES A 4.6 PERCENT INCREASE YEAR OVER YEAR IN AGRICULTURE FUNDING.

                    AGRICULTURE IS OUR LARGEST INDUSTRY IN NEW YORK STATE AND, YET, WE ONLY

                    PRODUCE ENOUGH FOOD IN THIS STATE TO FEED 40 PERCENT OF OUR

                    POPULATION.  THE PROGRAMS IN THIS BUDGET WILL ASSIST OUR FARMERS AND

                    OUR LAND GRANT UNIVERSITY IN ENSURING THAT WE CAN MAKE OUR FARMS AS

                    PRODUCTIVE AND OUR YIELDS AS HIGH AS THEY CAN BE SO THAT WE CAN

                    CONTINUE TO PROVIDE GOOD, HEALTHY LOCAL FOOD FOR ALL NEW YORKERS.

                                 THANK YOU VERY MUCH TO MY COLLEAGUES, TO CHAIRMAN

                    MAGEE AND, OF COURSE, TO THE SPEAKER FOR YOUR SUPPORT OF AGRICULTURE IN

                    NEW YORK STATE.

                                 ACTING SPEAKER AUBRY:  MS. WOERNER IN THE

                    AFFIRMATIVE.

                                         73



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                                 MR. LAVINE TO EXPLAIN HIS VOTE.

                                 MR. LAVINE:  THANK YOU, MR. SPEAKER.  THERE'S

                    BEEN -- WE HAD SOME COMMENT THIS AFTERNOON ABOUT FUNDING FOR THE

                    LIBERTY DEFENSE PROJECT.  THE LIBERTY DEFENSE PROJECT, WHICH IS AT

                    ABOUT $5 MILLION THIS YEAR, FUNDS CARECEN IN HEMPSTEAD.  THAT'S

                    C-A-R-E-C-E-N.  IT'S THE CENTRAL AMERICAN REFUGEE CENTER.  THEY DO

                    GREAT WORK.  AND IF ANYONE HERE WANTS TO KNOW HOW THOSE DOLLARS ARE

                    SPENT, I'D BE DELIGHTED TO TAKE WHOEVER IS CRITICAL OF HOW THOSE DOLLARS

                    ARE SPENT, TO THIS WONDERFUL, WONDERFUL AGENCY.

                                 NOW, A QUESTION WAS RAISED ABOUT HOW DO WE FUND

                    THE JUSTICE DEPARTMENT WHILE AT THE SAME TIME FUNDING PROGRAMS FOR

                    PEOPLE WHO MAY BE HERE WITHOUT DOCUMENTATION.  I JUST WANT TO NOTE

                    THAT IN THE MANY YEARS I SPENT REPRESENTING PEOPLE IN THE STATE AND THE

                    FEDERAL COURTS, THERE WAS NEVER A QUESTION AS TO WHETHER SOMEONE I

                    WAS APPOINTED TO REPRESENT WAS HERE WITH DOCUMENTATION OR WITHOUT

                    DOCUMENTATION.  IN THIS BUDGET, WE ARE FUNDING SUCH THINGS AS THE

                    ASIAN-AMERICAN DEFENSE FUND, THE TRANSGENDER DEFENSE FUND, THE

                    CAPITAL DEFENSE FUND FOR PEOPLE CHARGED WITH CAPITAL CRIMES.  NO ONE

                    ASKS ARE THOSE PEOPLE HERE WHO ARE BEING DEFENDED HERE WITH OR

                    WITHOUT DOCUMENTATION.  OUR OBLIGATION IS TO PAY FOR LAW ENFORCEMENT.

                    OUR OBLIGATION IS, AS WELL, TO MAKE SURE THAT THE DUE PROCESS RIGHTS OF

                    EVERYONE WHO IS HERE ON AMERICAN SOIL ARE FULLY AND WELL-RESPECTED.  I

                    JUST WANTED TO CLARIFY THAT POINT.

                                 I WILL BE VOTING IN THE AFFIRMATIVE ON THIS PARTICULAR

                    BILL, BUT I DO WANT TO EMPHASIZE HOW IMPORTANT IT IS THAT WE ALL REMAIN

                                         74



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    TRUE TO OUR CONSTITUTIONAL OBLIGATION TO PROVIDE DEFENSE SERVICES FOR

                    EVERYONE WHO IS IN DANGER OF LOSING PROPERTY OR LIVES.

                                 ACTING SPEAKER AUBRY:  MR. LAVINE 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.  COULD

                    WE GO TO PAGE 3 OF THE B-CALENDAR AND TAKE UP RULES REPORT NO. 22, A

                    BUDGET BILL.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MS.

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

                    ADVANCED. (A09501)

                                 AN EXPLANATION HAS BEEN REQUESTED, MS. WEINSTEIN.

                                 MS. WEINSTEIN:  YES, VERY BRIEFLY.  THIS -- THIS BILL

                    WOULD ENACT APPROPRIATIONS IN SUPPORT OF THE LEGISLATURE AND JUDICIARY

                    FOR THE STATE FISCAL YEAR OF 2018-2019.  IT INCLUDES AN ALL-FUNDS

                    APPROPRIATION OF $3.- (DROPPED SOMETHING) -- $3.3 BILLION.  WE ALMOST

                    COULDN'T FINISH THE BUDGET.

                                 (LAUGHTER)

                                 ENACT -- ENACTMENT OF THIS LEGISLATION IS NECESSARY TO

                    PROVIDE FOR THE OPERATIONS OF THE ASSEMBLY, SENATE AND THE UNIFIED

                    COURT SYSTEM THROUGH THIS -- THIS COMING YEAR.  THIS IS WHAT ALLOWS --

                    PAYS OUR -- PAYS ALL THE STAFF IN HERE, PAYS TO KEEP THE LIGHTS ON, PAYS

                                         75



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    FOR THE COURT SYSTEM TO -- TO FUNCTION.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MR. MORELLE.

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

                    YOU PLEASE ACKNOWLEDGE MR. OTIS FOR AN ANNOUNCEMENT?

                                 ACTING SPEAKER AUBRY:  MR. OTIS FOR THE

                    PURPOSES OF AN ANNOUNCEMENT.

                                 MR. OTIS:  THERE WILL BE A MEETING OF THE

                    DEMOCRATIC CONFERENCE AT 5:45, DAYLIGHT SAVINGS TIME, IN THE

                    SPEAKER'S CONFERENCE ROOM.

                                 ACTING SPEAKER AUBRY:  DEMOCRATIC

                    CONFERENCE, SPEAKER'S CONFERENCE ROOM.

                                 MR. MORELLE.

                                 MR. MORELLE:  YES, THANK YOU, SIR.  WE ARE

                    MAKING PROGRESS, ALTHOUGH IT'S SLOW AND STEADY.  WE ARE MOVING IN THE

                    RIGHT DIRECTION.  ONCE THE PARTY CONFERENCE HAS CONCLUDED, WE WILL

                    PROBABLY -- WELL, WE'RE CERTAINLY GOING -- WE'RE GOING TO STAND AT EASE

                    NOW UNTIL THE CONCLUSION OF PARTY CONFERENCE OR FURTHER

                                         76



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    ANNOUNCEMENTS FROM THE DESK.

                                 SO, WITH THAT, I MOVE TO STAND IN RECESS.

                                 ACTING SPEAKER AUBRY:  ASSEMBLY 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, MR. SPEAKER.

                    COLLEAGUES, WE'RE CONTINUING TO TRY TO MAKE PROGRESS HERE.  AND WITH

                    THAT, MEMBERS HAVE ON THEIR DESKS A C-CALENDAR.  I NOW MOVE TO

                    ADVANCE THE C-CALENDAR.

                                 ACTING SPEAKER AUBRY:  ON MR. MORELLE'S

                    MOTION, THE C-CALENDAR IS ADVANCED.

                                 MR. MORELLE.

                                 MR. MORELLE:  YES, SIR.  IF WE COULD TURN OUR

                    ATTENTION TO PAGE 3 OF THAT C-CALENDAR AND GO DIRECTLY TO RULES REPORT

                    NO. 24, A BUDGET BILL.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A09504-D, RULES

                    REPORT NO. 24, BUDGET BILL.  AN ACT MAKING APPROPRIATIONS FOR THE

                    SUPPORT OF GOVERNMENT; AND TO AMEND A CHAPTER OF THE LAWS OF 2018

                    ENACTING THE AID TO LOCALITIES BUDGET, IN RELATION TO THE SUPPORT OF

                    GOVERNMENT - CAPITAL PROJECTS BUDGET.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MS.

                                         77



                    NYS ASSEMBLY                                                   MARCH 30, 2018

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

                    ADVANCED.  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. OAKS.

                                 MR. OAKS:  YES, IF THE CHAIRWOMAN WOULD YIELD FOR

                    SOME QUESTIONS, PLEASE?

                                 ACTING SPEAKER AUBRY:  MADAM CHAIR, WILL

                    YOU YIELD?

                                 MS. WEINSTEIN:  YES, I'D BE PLEASED TO.

                                 ACTING SPEAKER AUBRY:  THE CHAIRWOMAN

                    YIELDS.

                                 MR. OAKS:  THANK YOU VERY MUCH, HELENE.  I KNOW

                    WE JUST WENT THROUGH A LITTLE BIT OF THIS IN THE WAYS AND MEANS

                    COMMITTEE, BUT JUST FOR TALKING THROUGH, I KNOW -- COULD YOU JUST GIVE

                    US THE FIGURES ON HOW MUCH THIS BILL APPROPRIATES --

                                 MS. WEINSTEIN:  SURE.

                                 MR. OAKS:  -- BOTH ON THE CAPITAL SIDE, AND BECAUSE

                    THE EDUCATION DOLLARS ARE INCLUDED IN THIS, AS WELL.

                                 MS. WEINSTEIN:  YES.  SO, THIS BILL WOULD ENACT THE

                    CAPITAL PROJECTS BILL FOR THE STATE FISCAL YEAR '18-'19, INCLUDES AN ALL

                    FUNDS APPROPRIATION OF $50.1 BILLION, OF WHICH $35.1 BILLION RELATES TO

                    EDUCATION.  AND IN TERMS OF THE APPROPRIATION, THE AUTHORIZES -- THE BILL

                    AUTHORIZES DISBURSEMENTS OF UP TO $49.4 BILLION ON AN ALL FUNDS BASIS

                    FOR CAPITAL PROJECTS, OF WHICH $35.7 BILLION IS RELATED TO EDUCATION.

                                         78



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                                 MR. OAKS:  AND I KNOW THAT WE'VE HAD SETTLEMENT

                    DOLLARS AVAILABLE TO THE STATE THAT WE'VE RECEIVED IN -- AVAILABLE TO BE

                    USED.  WHAT IS THE AMOUNT OF SETTLEMENT DOLLARS THAT ARE BEING UTILIZED

                    IN THE 2018-'19 BUDGET?

                                 MS. WEINSTEIN:  YES.  SO, WE MAKE NO CHANGE TO

                    THE ALLOCATION THAT THE EXECUTIVE PROVIDED -- PRESENTED TO US.  IT'S $702

                    MILLION IN SETTLEMENT FUNDS RECEIVED SINCE LAST YEAR'S ENACTED BUDGET.

                    TO BREAK THAT DOWN, IT'S $383 MILLION FOR GENERAL FUND RELIEF, $194

                    MILLION FOR -- IN OPERATING AID, WHICH PARTIALLY FUNDS OUR SUBWAY ACTION

                    PLAN, AND $125 MILLION FOR HEALTH CARE CAPITAL GRANTS.

                                 MR. OAKS:  AND DO WE HAVE ANY CARRYOVER OR UN --

                    YOU KNOW, SET OR DETERMINED DOLLARS THAT ARE SETTLEMENT DOLLARS THAT

                    WILL BE ABLE -- COULD BE ABLE TO TAP YET?

                                 MS. WEINSTEIN:  NO, WE DO NOT.

                                 MR. OAKS:  ALTHOUGH WE COULD RECEIVE SOMETHING

                    DURING THE YEAR, OBVIOUSLY FOR -- FOR THE FUTURE.

                                 MS. WEINSTEIN:  RIGHT.  THERE'S -- THERE'S NOTHING

                    AT THE MOMENT.

                                 MR. OAKS:  BUT -- BUT SOME OF THIS -- TYPICALLY,

                    WE'VE TRIED TO USE SETTLEMENT DOLLARS FOR ONE-TIME USES.  THIS YEAR,

                    WE'RE USING SOME OF IT FOR GENERAL OPERATING DOLLARS OR TO OFFSET THE

                    OVERALL GENERAL FUND.

                                 MS. WEINSTEIN:  YES, CORRECT.

                                 MR. OAKS:  WITH THE STATE AND MUNICIPAL FACILITIES

                    FUND, YOU DID NOT PROVIDE THAT -- ANY MONEY FOR THAT, I BELIEVE, IN YOUR

                                         79



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    ONE-HOUSE BILL.  BUT THIS BILL DOES PROVIDE A SIXTH YEAR OF FUNDING FOR

                    THAT, AND I BELIEVE $385 MILLION, AND THEN SOME ADDITIONAL DOLLARS OF

                    $90 MILLION.  IS THERE A SPECIFIC PURPOSE OR PROJECT IDENTIFIED FOR THE --

                    THE NEW FUNDING OR ADDITIONAL FUNDING THAT WE'VE ADDED, THE $90-?

                                 MS. WEINSTEIN:  SO, THE -- THE TOTAL IS $490

                    MILLION.  THERE ARE NOT ANY SPECIFIC PROJECTS, BUT IT IS FOR RESTORATION FOR

                    INFRASTRUCTURE AND CONSTRUCTION PROJECTS WITHIN THE STATE AND THE

                    MUNICIPAL FACILITIES PROGRAM, THEN THERE'S A LONG LIST OF ELIGIBLE

                    ENTITIES.

                                 MR. OAKS:  YOU -- YOU HAD MENTIONED -- MY

                    FIGURES, I'M LOOKING $475- OR YOU SAID FOUR... YOU SAID $490-.  IS IT

                    $4-...

                                 MS. WEINSTEIN:  I THINK IT'S -- I DID SAY $490-.  I

                    THINK THAT'S A RESULT OF SEVERAL -- SEVERAL NIGHTS OF NO SLEEP.  SO, IT IS

                    $475-.

                                 MR. OAKS:  I THINK I'LL FORGIVE YOU IF YOU WILL WHEN

                    I MAY NOT GET IT RIGHT.

                                 ONE OF THE -- BESIDES SAM, THERE'VE HAVE BEEN OTHER

                    DISCRETIONARY POTS, SUCH AS BULLET AID, AND $5 MILLION PROVIDED FOR THE

                    NON-PROFIT HUMAN SERVICE ORGANIZATIONS THAT WE BROUGHT UP BEFORE.

                    ARE THERE ANY OTHER DISCRETIONARY POTS INCLUDED THROUGHOUT THE

                    BUDGET?

                                 MS. WEINSTEIN:  THERE ARE VARIOUS -- THERE ARE

                    VARIOUS POTS OF MONEY WITH DESIGNATED PURPOSES.

                                 MR. OAKS:  MAYBE WE'LL TALK ABOUT A FEW OF THOSE IN

                                         80



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    A MINUTE.  ONE OF THE THINGS THAT I DID SEE THAT -- THAT I HAVE SOME

                    SPECIFIC INTEREST ON, THERE IS TARGETED, I BELIEVE, UP TO $45 MILLION FOR

                    LAKE ONTARIO/ST. LAWRENCE EMERGENCY FLOODING RECOVERY MONEY FROM

                    THE EXTENSIVE FLOODING THAT WAS EXPERIENCED LAST YEAR.  AND WE HAD

                    HAD A BIPARTISAN EFFORT IN THIS HOUSE AND -- AND ALONG WITH THE SENATE

                    ON WORKING TO GET DOLLARS THERE.  JUST CLARIFICATION, IS THIS $45 MILLION

                    IN ADDITION TO ANYTHING ELSE THAT WE MADE AVAILABLE LAST YEAR?

                                 MS. WEINSTEIN:  YES, IT IS.  AND, ACTUALLY, IT'S $40

                    MILLION.  SO WE'RE -- WE'RE EACH OFF WITH A NUMBER TONIGHT.

                                 MR. OAKS:  ALL RIGHT.  THANK YOU.  NOW, I -- I FEEL

                    BALANCED.  IS THAT, DO YOU FEEL SUFFICIENT -- OR FEEL THAT THIS IS SUFFICIENT

                    RESOURCES TO MEET THE NEEDS?  WE'VE HAD SEVERAL THOUSAND CLAIMS THAT

                    CAME IN, WE JUST -- I -- I WANT TO MAKE SURE THAT WHAT WE'VE DONE HERE,

                    WHAT WE DID BEFORE, THAT WE SHOULD BE ABLE TO MEET ALL THE CLAIMS THAT

                    THE -- THE STATE HAS PROMISED TO PAY.

                                 MS. WEINSTEIN:  WELL, WE ALSO HAVE THE REVENUE

                    BILL WHICH WILL BE COMING, AND I BELIEVE THAT WE'LL BE ABLE TO HAVE A

                    SHORT CONVERSATION AT THAT TIME WITH SOME ADDITIONAL REVENUES THAT WILL

                    BE AVAILABLE FOR -- FOR LAKE -- FOR ONTARIO.

                                 MR. OAKS:  THANK YOU.  ON -- ON THE ECONOMIC

                    DEVELOPMENT SIDE, THERE IS, I SEE THAT THE BUDGET DOES CONTAIN THE

                    GOVERNOR'S $300 MILLION PROPOSAL FOR HIGH TECHNOLOGY INNOVATION AND

                    ECONOMIC DEVELOPMENT INFRASTRUCTURE.  HOW IS THIS MONEY DIFFERENT

                    FROM THE ECONOMIC DEVELOPMENT FUND OR THE NEW YORK WORKS

                    ECONOMIC DEVELOPMENT FUND?

                                         81



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                                 MS. WEINSTEIN:  IT -- IT REALLY IS JUST A -- A DIFFERENT

                    NAME WITH A DIFFERENT FOCUS.

                                 MR. OAKS:  AND WHO WILL MAKE THE DETERMINATION

                    ON THAT?

                                 MS. WEINSTEIN:  SO, IT -- $300 MILLION.  ESDC

                    WILL MAKE THE FINAL DETERMINATIONS, AND THIS WILL BE BASED UPON -- IN

                    SOME PARTS BASED UPON THE REGIONAL ECONOMIC DEVELOPMENT

                    COUNCIL'S RECOMMENDATIONS.

                                 MR. OAKS:  ONE OF THE THINGS THAT CAME UP DURING

                    OUR DISCUSSIONS AT THE BUDGET HEARINGS WAS WHETHER OR NOT SOME OF OUR

                    INSTITUTIONS OF HIGHER LEARNING IN THE STATE, EITHER PRIVATE OR PUBLIC

                    ONES, MIGHT BE ABLE TO UTILIZE THESE RESOURCES, AS WELL, IF THEY WERE

                    DEVELOPING PROGRAMS OR WORKING IN CONCERT AND DEVELOPING THE TYPES

                    OF -- OF TECHNOLOGY, HIGH TECHNOLOGY THAT THIS -- THAT THESE DOLLARS

                    WOULD FOCUS ON.

                                 MS. WEINSTEIN:  THERE ISN'T A RESTRICTION IN THIS

                    FUNDS, BUT THEY ARE DESIGNED FOR JOB -- FOR PROJECTS THAT CREATE OR RETAIN

                    JOBS AND HAVE A PRIVATE-PUBLIC PARTNERSHIP.

                                 MR. OAKS:  THE -- WILL THE EXECUTIVE, OR THE

                    EXECUTIVE WITH CONSULTATION OF THE -- THE LEGISLATURE, BE MAKING THE

                    DETERMINATIONS OF WHO IS ELIGIBLE OR NOT, OR --

                                 MS. WEINSTEIN:  AGAIN, THE ESDC, BASED UPON

                    REGIONAL -- THE REDC'S RECOMMENDATIONS.  RIGHT.  AND, YOU KNOW, I'M

                    -- I'M SURE YOU'RE -- YOU'RE AWARE, BOB, BUT PERHAPS OTHERS AREN'T, THAT

                    WE HAVE A -- THE -- IT'S CALLED CFA, CONSOLIDATED FUNDING APPLICATION,

                                         82



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    SO THAT ENTITIES CAN APPLY FOR -- FOR DEVELOPMENT GRANTS THROUGH THAT

                    PROCESS.

                                 MR. OAKS:  I KNOW THAT WE -- THERE WERE PROPOSALS

                    OF HAVING GREATER OVERSIGHT ON SOME OF OUR ECONOMIC DEVELOPMENT

                    DOLLARS.  IT SEEMS HERE THAT WE HAVE SOME EXPANSION IN THOSE DOLLARS.

                    WE HAD THE COMPTROLLER SUGGESTING THAT HE SHOULD HAVE MORE

                    OVERSIGHT AND WHATEVER.  HAVE WE DONE THAT AT ALL HERE?  AND DON'T

                    YOU THINK WE -- HE SHOULD, AND WE SHOULD, HAVE MORE OVERSIGHT OF

                    THOSE SUMS OF MONEY, ESPECIALLY THAT AREN'T TARGETED TO SOMETHING

                    SPECIFIC THAT WE KNOW IT'S GOING TO BE SPENT ON?

                                 MS. WEINSTEIN:  YES.  WE DID PUT THAT IN OUR

                    ONE-HOUSE, BUT WE ARE NOT ABLE TO GET AGREEMENT WITH THE EXECUTIVE TO

                    INCLUDE IT IN THIS BILL.

                                 MR. OAKS:  WILL THE COMPTROLLER HAVE ANY ABILITY TO

                    REVIEW OR AUDIT THOSE PROGRAMS OR FUNDS THAT MIGHT BE...

                                 MS. WEINSTEIN:  I -- I THINK THEY HAVE SOME

                    LIMITED AUTHORITY IN SOME SITUATIONS, I COULDN'T REALLY DELINEATE WHICH

                    ONES AT -- AT THIS TIME.

                                 MR. OAKS:  HOW MUCH FUNDING DOES THE BUDGET

                    INCLUDE FOR ANOTHER ROUND OF THE REDCS, THE REGIONAL DEVELOPMENT

                    ECONOMIC DEVELOPMENT?

                                 MS. WEINSTEIN:  $150 MILLION IS FOR THE EIGHTH

                    ROUND.

                                 MR. OAKS:  TYPICALLY, THE GOVERNOR WAITS UNTIL LATE

                    IN THE YEAR AND THE REGIONS AND ALL OF US, AS LEGISLATORS, ARE KIND OF IN

                                         83



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    THE DARK ON WHO'S -- WHO'S GOING TO BE RECEIVING ANY OF THOSE DOLLARS,

                    AND WHO IS GOING TO BE RECEIVING THOSE DOLLARS.  HAVE WE, IN THIS

                    BUDGET, CHANGED ANY OF THE REDC PROCESS TO PROVIDE GREATER

                    TRANSPARENCY IN THAT PROCESS?

                                 MS. WEINSTEIN:  NO, THERE IS NOT.

                                 MR. OAKS:  IN THE HOUSING AREA, I KNOW THERE'S $250

                    MILLION CAPITAL FUNDING.  ARE THERE REPORTING REQUIREMENTS ALONG WITH

                    -- WITH THAT PROGRAM?

                                 MS. WEINSTEIN:  WELL, IT -- WE REQUIRE -- THERE'S A

                    REQUIREMENT OF A PLAN TO START WITH, AND IT'S ANTICIPATED THERE WILL BE AN

                    EXECUTIVE ORDER BY THE GOVERNOR WHICH WILL OUTLINE SOME OF THE

                    PARAMETERS AND MORE FULLY DISCUSS HOW THAT MONEY WOULD BE SPENT.

                                 MR. OAKS:  DO WE KNOW HOW MANY UNITS OR

                    BUILDINGS WILL -- CAN BE EXPECTED TO BE REPAIRED WITH THAT $250 MILLION,

                    OR...

                                 MS. WEINSTEIN:  WE DON'T KNOW AT THIS -- AT THIS

                    TIME, BUT THERE IS AN ONGOING PROCESS TO DETERMINE THE NUMBER OF

                    BUILDINGS AND THE -- THE STATE OF -- THE NEEDED REPAIRS BASED ON THE STATE

                    OF THE SITUATION OF PREDOMINANTLY SOME OF THE BOILERS IN THE VARIOUS

                    NYCHA DEVELOPMENTS.

                                 MR. OAKS:  THANK YOU VERY MUCH FOR YOUR

                    COMMENTS ON THESE ISSUES.  I KNOW THERE'S OTHER TOPICS THAT A FEW

                    OTHERS MIGHT WANT TO ASK.  THANK YOU.

                                 MS. WEINSTEIN:  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. MONTESANO.

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                    NYS ASSEMBLY                                                   MARCH 30, 2018

                                 MR. MONTESANO:  THANK YOU, MR. SPEAKER.

                    WOULD THE SPONSOR YIELD?

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN

                    YIELDS.

                                 MR. MONTESANO:  THANK YOU.  JUST TO FOLLOW UP A

                    LITTLE BIT ON THE HOUSING AUTHORITY.

                                 MS. WEINSTEIN:  YES.

                                 MR. MONTESANO:  BECAUSE MY CONCERN IS, I

                    BELIEVE IT WAS LIKE TWO YEARS AGO, THIS HOUSE ALLOCATED $100 MILLION TO

                    THE NEW YORK CITY HOUSING AUTHORITY TO CLEAR UP SOME LEAKING ROOFS

                    AND MOLD AND THINGS OF THAT NATURE.  AND THERE WAS A BIG CONTROVERSY

                    AFTER THAT BECAUSE THE MONEY WAS NOT SPENT ON THOSE REPAIRS, AND IT WAS

                    SPENT ON -- ON SOME DIFFERENT ISSUES; SOME WI-FI, SOME SECURITY LIGHTS

                    AND SOME OTHER THINGS OF THAT NATURE.  AND -- AND I HEARD THE ANSWERS

                    YOU GAVE TO MY COLLEAGUE A FEW MINUTES AGO.  BUT MY FIRST QUESTION IS,

                    ARE WE GIVING THEM THIS $250 MILLION IN A LUMP SUM TO SPEND AS THEY

                    SEE FIT, OR ARE WE GOING TO PIECEMEAL THE MONEY OUT BASED ON EVERY

                    PROJECT THEY DO WHEN THEY SHOW DOCUMENTATION THAT THEY'VE PERFORMED

                    THE PROJECT AND COMPLETED IT?

                                 MS. WEINSTEIN:  I'LL LOOK -- I'LL -- I'LL GO FOR NUMBER

                    TWO ON -- ON THAT ONE.  THEY -- THEY WILL -- THEY WILL GET IT AS THEY -- AS

                    THEY MOVE FORWARD.  I WOULD JUST COMMENT ON THE -- THE $100 MILLION.

                    I KNOW IN MY COMMUNITY, AND IN MANY OTHERS, THE RESIDENTS'

                    ASSOCIATIONS MET WITH THE REPRESENTATIVES FROM THE COMMUNITY AND --

                    AND WITH DASNY AND -- AND THE NYCHA OFFICIALS, AND DETERMINED

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                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    HOW THEY WOULD BEST -- WHAT THEIR NEEDS, THEIR HIGH NEEDS WERE.  THERE

                    -- AND SECURITY AND --  AND IN MY -- IN THE TWO DEVELOPMENTS IN MY

                    DISTRICT, SECURITY CAMERAS IN EACH OF THE ELEVATORS WAS WHAT THE

                    RESIDENTS CHOSE, AND I THINK THAT HAPPENED IN A LOT OF --

                                 MR. MONTESANO:  WELL --

                                 MS. WEINSTEIN:  -- OTHER DEVELOPMENTS, ALSO.

                                 MR. MONTESANO:  AND -- AND I CAN UNDERSTAND

                    THAT.  BUT, YOU KNOW, WHEN IT'S REPRESENTED TO US TO VOTE ON SOMETHING,

                    AND THE MONEY'S BEING ALLOCATED BECAUSE OF CERTAIN REPAIRS THAT ARE

                    NECESSARY, AND THEN WE ALLOW THEM TO DECIDE THAT, WELL WE'RE GOING TO

                    USE IT FOR SOMETHING ELSE -- LIKE RIGHT NOW, THE BUILDINGS WE'RE LOOKING

                    AT, AND, YOU KNOW, THE GOVERNOR MADE HIS TOUR AND SO ON AND SO FORTH,

                    SOME OF THESE BUILDINGS ARE IN SUCH A HORRIBLE STATE OF DISREPAIR, THAT

                    REALLY PEOPLE SHOULDN'T BE LIVING IN THERE, THEY'RE NOT HABITABLE.  SO,

                    NOW, WHEN THIS MONEY GOES OUT, ARE THEY GOING TO SAY, WELL, YOU KNOW

                    WHAT?  MAYBE WE DON'T HAVE TO REPLACE THE BOILER, WE COULD PUT A

                    BAND-AID ON IT, AND THEN WE'LL DO SOMETHING ELSE IN THE BUILDING.  IS

                    THAT GOING TO BE THE SAME CASE NOW, OR ARE WE GOING TO EXERCISE SOME

                    MORE CONTROL OVER HOW THE MONEY IS SPENT?

                                 MS. WEINSTEIN:  SECOND ONE.  IN THE FIRST INSTANCE,

                    THE INTENTION WAS -- IN THE FIRST SET OF FUNDING, WAS TO FUND PROJECTS

                    THAT, IN FACT, NYCHA DIDN'T HAVE RESPONSIBILITY TO FUND.  AND

                    PRIMARILY SECURITY-RELATED PROJECTS.  THIS -- THIS SET OF -- THIS $250

                    MILLION IS SPECIFICALLY DESIGNED TO -- FOR REPLACEMENTS OF BOILERS TO

                    RETURN --

                                         86



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                                 MR. MONTESANO:  OKAY.  THANK YOU.

                                 MS. WEINSTEIN:  -- TO MAKE SURE THAT WE DON'T GO

                    THROUGH ANOTHER HEATLESS SEASON.

                                 MR. MONTESANO:  THANK YOU.

                                 AND IF I COULD JUST MOVE YOU ALONG --

                                 MS. WEINSTEIN:  SURE.

                                 MR. MONTESANO:  -- OVER TO -- WE'LL SWITCH GEARS,

                    TO GO OVER TO CORRECTIONS AND COMMUNITY SUPERVISION.  THE $92

                    MILLION, AND IT INCLUDES ABOUT $1 MILLION MORE THAN LAST YEAR, FOR

                    MAINTENANCE AND OPERATION OF VARIOUS FACILITIES AND SYSTEMS, INCLUDING

                    PERSONNEL SERVICE COSTS, FRINGE BENEFITS AND INDIRECT COSTS, IS THAT

                    MONEY BEING ALLOCATED JUST TO NEW YORK CITY, OR IS THAT A STATEWIDE

                    EXPENDITURE?

                                 (PAUSE)

                                 MS. WEINSTEIN:  RIGHT.  I -- I -- YOU'RE TALKING

                    ABOUT CAPITAL PROJECTS, YES?

                                 MR. MONTESANO:  UNDER PUBLIC PROTECTION AND

                    GENERAL GOVERNMENT, THERE'S $92 MILLION BEING ALLOCATED FOR

                    CORRECTIONS AND COMMUNITY SUPERVISION.

                                 MS. WEINSTEIN:  THAT -- THAT'S REPAIRS AND

                    IMPROVEMENTS FOR DOCS' CORRECTIONAL FACILITIES.

                                 MR. MONTESANO:  SO, THAT'S ON A STATEWIDE

                    APPLICATION?

                                 MS. WEINSTEIN:  YES.

                                 MR. MONTESANO:  OKAY.  AND THEN LASTLY, IF I

                                         87



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    COULD JUST PUT YOUR ATTENTION TO TRANSPORTATION, UNDER FREIGHT RAIL,

                    WE'RE ALLOCATING $17.5 MILLION, AND $3 MILLION OF THAT IS GOING TO THE

                    MTA TO UPGRADE DIESEL TRAIN ENGINES OWNED BY THE LONG ISLAND

                    RAILROAD, AND $1 MILLION FOR OTHER DIESEL TRAIN ENGINE RETROFIT USES.  MY

                    QUESTION IS FOCUSED TO THE M -- TO THE LONG ISLAND RAILROAD.  IN THE

                    PAST YEARS, HAVE WE NOT ALLOCATED MONEY TO THEM, ALMOST IN THE SAME

                    SUMS OF MONEY, TO UPGRADE THEIR DIESEL TRAIN ENGINES?

                                 MS. WEINSTEIN:  YES, FOR THE -- ABOUT FOR FOUR

                    YEARS --

                                 MR. MONTESANO:  AND IS THIS JUST AN ONGOING

                    PROJECT?

                                 MS. WEINSTEIN:  YES.  YES.

                                 MR. MONTESANO:  OKAY.  ALL RIGHT.  THANK YOU

                    VERY MUCH.

                                 MS. WEINSTEIN:  SURE.  ALWAYS A PLEASURE.

                                 MR. MONTESANO:  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MR. WALTER.

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

                    THE CHAIRWOMAN YIELD FOR A FEW QUESTIONS?

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN

                    YIELDS.

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

                                 MS. WEINSTEIN:  SURE.

                                 MR. WALTER:  I JUST WANT -- PAGE 871 OF THE BILL,

                    THE -- THE RANKER HAD MENTIONED THIS $300 MILLION.  I'LL JUST NOTE, JUST

                                         88



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    TO KIND OF GIVE IT SOME CONTEXT HERE, THE -- LAST YEAR, WE ALLOCATED

                    ABOUT $200 -- A LITTLE OVER $200 MILLION THAT'S BASICALLY BEEN USED TO

                    ASSIST IN SOME OF THE FAILURES OF THE EMPIRE STATE DEVELOPMENT

                    PROGRAM, WHERE THEY -- PLACES LIKE IN THE (INAUDIBLE), YOU KNOW,

                    FACTORY THAT THEY -- WHERE THEY PULLED OUT AND OTHER PLACES.  THERE'S

                    ISSUES WITH SUNY POLY AND SOME OF THE LEASE AGREEMENTS THAT THEY'VE

                    ENTERED INTO.  IS ANY OF THIS MONEY GOING TO BE USED TO FIX SOME OF THE

                    PROBLEMS THAT NOT ONLY WE'VE SEEN WITH THE GOVERNOR'S EPIC CORRUPTION

                    WITHIN HIS ECONOMIC DEVELOPMENT PROGRAM, BUT ALSO THE OUTRIGHT

                    FAILURES OF IT?

                                 MS. WEINSTEIN:  IT'S HIGH-TECH MONEY, I GUESS IN

                    THEORY IT COULD, BUT IT'S NOT -- IT'S NOT SPECIFICALLY DESIGNATED FOR THE

                    PURPOSE THAT YOU DESCRIBE.

                                 MR. WALTER:  SO, SOME -- SOME OF THE MONEY

                    COULD GO TO THE SUNY POLY AND MAYBE, YOU KNOW, SOME OF THE LEASES,

                    THAT FULLER ROAD MANAGEMENT, FORT SCHUYLER HAVE -- HAVE ENTERED INTO

                    THAT HAVE BASICALLY FAILED.

                                 MS. WEINSTEIN:  IN THEORY, IT COULD, YES.

                                 MR. WALTER:  YES, OKAY.

                                 BACK TO -- I WANT TO GO OVER TO PAGE... LET ME SEE HERE,

                    WHERE IS IT... THE -- PAGE 653 -- NO.  SIX -- I'M SORRY, 655, 654 AND 655.

                    THERE'S $122 MILLION ALLOCATED IN WHAT'S CALLED THE "NEW YORK STATE

                    CAPITAL ASSISTANCE PROGRAM FOR TRANSPORTATION, INFRASTRUCTURE AND

                    ECONOMIC DEVELOPMENT."  I DON'T REMEMBER SEEING THAT IN THE

                    GOVERNOR'S EXECUTIVE BUDGET ORIGINALLY.  IS THIS SOMETHING NEW?

                                         89



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    WHAT'S IT ALLOCATED FOR?  WHO WILL HAVE CONTROL OVER THE ALLOCATION?

                    THAT'S A MULTI-PART QUESTION, BUT...

                                 (PAUSE)

                                 MS. WEINSTEIN:  SO, YOU'RE CORRECT, IT WASN'T IN THE

                    ORIGINAL -- THE GOVERNOR'S ORIGINAL EXECUTIVE BUDGET.  IT IS -- THE

                    INFRASTRUCTURE FOR ROADS, BRIDGES, WATERLINES AND AVIATION AND WILL BE

                    DESIGNATED BY THE SENATE IN COOPERATION WITH -- WITH DOB AND WITH

                    THEIR APPROVAL.

                                 MR. WALTER:  SO, THIS IS JUST A -- ONLY THROUGH THE

                    SENATE, THEY'LL BE THE ONLY ONES APPROPRIATING?  AND IT ALSO SAYS AN

                    ECONOMIC DEVELOPMENT FUND, AS WELL.

                                 MS. WEINSTEIN:  CORRECT.  CORRECT.

                                 MR. WALTER:  ALSO, IT BASICALLY -- IT'S PRETTY LIBERAL

                    AS FAR AS WHERE THE MONEY COULD -- REALLY NO LIMITS AS TO WHERE IT COULD

                    BE TRANSFERRED, AS WELL.

                                 MS. WEINSTEIN:  YES, YOU KNOW, I -- I DO -- YOU

                    ARE CORRECT, BUT I THINK THAT LANGUAGE REPEATS IT ITSELF MULTIPLE TIMES

                    THROUGHOUT THE BUDGET, THAT LIBERAL ALLOCATION LANGUAGE.

                                 MR. WALTER:  THIS IS JUST A LITTLE EXTRA GRAVY FOR

                    THE SENATE, THEN, I GUESS.  THAT REALLY WASN'T A QUESTION.

                                 (LAUGHTER)

                                 MS. WEINSTEIN:  WELL...  I'M SURE THERE ARE ROADS,

                    BRIDGES, WATERLINES AND AVIATION THAT ARE IN NEED OF IMPROVED

                    INFRASTRUCTURE AROUND THE STATE.

                                 MR. WALTER:  AND ECONOMIC DEVELOPMENT, YES.

                                         90



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                                 OKAY.  THEN, LET'S JUST GO OVER TO PAGE 928 AND TALK

                    ABOUT THE STATE AND MUNICIPAL -- THE SAM GRANTS.

                                 MS. WEINSTEIN:  YES.

                                 MR. WALTER:  THERE IS $385 MILLION, AGAIN, IN

                    FUNDS AVAILABLE.  IS THERE ANY ENACTING LANGUAGE THAT WOULD DESIGNATE

                    HOW THIS MONEY WOULD BE DESIGNATED?  OTHER THAN, YOU KNOW, THE

                    PURPOSES LISTED HERE?

                                 MS. WEINSTEIN:  SO THE APPROPRIATION IS SILENT ON

                    THAT.

                                 MR. WALTER:  OKAY.  SO, IS -- DO -- IS THERE NO

                    INDICATION OF WHETHER THE EXECUTIVE, THE SENATE OR THE ASSEMBLY

                    WOULD BE DESIGNATING THE ISSUE -- WHERE THESE FUNDS MIGHT GO?

                                 MS. WEINSTEIN:  YES, I -- YOU KNOW, I THINK IT'S A

                    COMBINATION OF -- OF THE HOUSES AND -- BOTH HOUSES, AND THERE'S A LONG

                    LIST OF ELIGIBLE ENTITIES, AND THERE ACTUALLY ARE SOME NEW ENTITIES THAT

                    ARE ELIGIBLE THIS YEAR.

                                 MR. WALTER:  BUT THERE'S NO APPLICATION PROCESS --

                                 MS. WEINSTEIN:  NO.

                                 MR. WALTER:  -- OR ANYTHING LIKE THAT SPELLED OUT --

                                 MS. WEINSTEIN:  NOT SPELLED OUT -- NOT SPELLED OUT

                    IN THE BILL, MR. WALTER.

                                 MR. WALTER:  -- FOR THAT $385 MILLION.

                                 OKAY.  THANK YOU VERY MUCH.  I APPRECIATE THE

                    ANSWERS.  OKAY.  THANK YOU.

                                 MS. WEINSTEIN:  THANK YOU.  SURE.

                                         91



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                                 MR. WALTER:  THANK YOU, ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MR.

                    WALTER.

                                 MR. WALTER:  SO, LET'S JUST GO THROUGH THIS AGAIN.  I

                    MEAN, WE'RE TALKING ABOUT $300 MILLION OF UNDESIGNATED FUNDS THAT THE

                    -- THE GOVERNOR BASICALLY HAS CARTE BLANCHE OVER THROUGH HIS ECONOMIC

                    DEVELOPMENT ARM.  ANOTHER $122 MILLION THAT, YOU KNOW, LOOKS LIKE

                    SENATE PLAY MONEY THAT THEY CAN DO WHATEVER THEY WANT WITH THAT

                    THERE'S NO DESIGNATIONS TO.  AND THEN ANOTHER $385 MILLION THAT'S BEEN

                    THERE FOR THE LAST FEW YEARS THAT BOTH HOUSES, THE GOVERNOR CAN

                    ALLOCATE PRETTY MUCH ANY WAY THEY WANT.  THAT IS REALLY AN ABUSIVE USE

                    OF TAXPAYER DOLLARS, WHEN WE DON'T KNOW WHERE -- GOSH, I -- CAN

                    SOMEBODY HELP ME WITH THE MATH THERE?  $300-, $400-, $500- --

                    ALMOST $1 BILLION OF FUNDS, TAXPAYER DOLLARS, JUST WHEREVER IT WANTS TO

                    GO.  NO OVERSIGHT, NO ACCOUNTABILITY.  AND WE WONDER WHY THERE'S

                    CORRUPTION IN THIS STATE.

                                 THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MR. MURRAY.

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

                    THE CHAIRWOMAN YIELD FOR A FEW QUESTIONS?

                                 MS. WEINSTEIN:  YES, DEAN.

                                 ACTING SPEAKER AUBRY:  THE CHAIR YIELDS.

                                 MR. MURRAY:  THANKS, HELENE.  SO, A COUPLE OF

                    BILLS BACK, THE EDUCATION BILL, I HAD ASKED ABOUT SEVERAL ISSUES THAT

                    WERE NOT INCLUDED THERE, BUT IT LOOKS LIKE THEY WERE INCLUDED HERE.  SO

                                         92



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    I JUST WANTED TO GO OVER A COUPLE OF THEM.  OVERALL, THE STATE SCHOOL

                    AID, THAT HAS INCREASED QUITE A BIT.

                                 MS. WEINSTEIN:  YES; $859 MILLION, YES.

                                 MR. MURRAY:  AND THE BULK OF THAT IS THE

                    FOUNDATION AID, IN WHICH EVERY SCHOOL DISTRICT SAW AN INCREASE THERE,

                    RIGHT?

                                 MS. WEINSTEIN:  CORRECT.

                                 MR. MURRAY:  OKAY.  ALSO WANTED TO TOUCH ON

                    EXPENSE-BASED AID CAP.  WE REJECTED THAT, BUT THEN WE ALSO DID SEE

                    INCREASES TO THE EXPENSE-BASED AIDS, CORRECT?

                                 MS. WEINSTEIN:  YES.

                                 MR. MURRAY:  WE ARE ON A ROLL.  THE 4201 SCHOOLS

                    AS WELL AS THE -- THE TUITION, DID WE HANDLE THE -- THE TUITION FOR THE 853

                    SPECIAL ACTS AND 4410S?  DID WE ADDRESS THAT IN THIS?

                                 MS. WEINSTEIN:  SO, THE 4201 SCHOOLS, WE GAVE A

                    $2.3 MILLION INCREASE, AND THE OTHER SCHOOLS THAT YOU MENTIONED ARE --

                    ARE PART OF A RATE SETTING PROCESS THAT IS OUTSIDE OF THE BUDGET.

                                 MR. MURRAY:  OKAY.  AND THE -- BUT WE ALSO IN --

                    IN -- WE DID DO THE MINIMUM WAGE OFFSET FOR THE MINIMUM WAGE

                    INCREASE, CORRECT?

                                 MS. WEINSTEIN:  YES, I BELIEVE IT'S $15 MILLION.

                                 MR. MURRAY:  GREAT.  OKAY.  AND THEN I -- I HAD

                    SPECIFICALLY BROUGHT UP A COUPLE OF THINGS THAT WERE NOT IN THE OTHER,

                    BUT IT LOOKS LIKE THEY ARE IN THIS ONE, SUCH AS FUNDING FOR GANG

                    PREVENTION AND EDUCATION PROGRAMS; HOW MUCH DID WE PUT IN FOR THAT?

                                         93



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                                 MS. WEINSTEIN:  $500,000.

                                 MR. MURRAY:  VERY GOOD.  AND THEN BOCES AID

                    AND CTE AID, WE INCREASED THAT AS WELL, CORRECT?

                                 MS. WEINSTEIN:  WE DIDN'T MAKE ANY CHANGES TO

                    THAT BECAUSE IT'S AT ITS PRESENT LAW LEVELS.

                                 MR. MURRAY:  RIGHT.  WHICH -- WHICH ACTUALLY DID

                    INCREASE --

                                 MS. WEINSTEIN:  INCREASE.

                                 MR. MURRAY:  -- THE BILL BY ABOUT $22 MILLION,

                    RIGHT?

                                 MS. WEINSTEIN:  CORRECT.

                                 MR. MURRAY:  RIGHT.  OKAY.  BUT, DID WE -- DID WE

                    ADDRESS, OR WILL WE POSSIBLY BE ADDRESSING IN A FUTURE BILL THE --

                    INCREASING THE SALARY CAP FOR BOCES EMPLOYEES?  WAS THAT ADDRESSED

                    HERE, OR COULD WE BE PICKING THAT UP IN ANOTHER ONE?

                                 MS. WEINSTEIN:  WE DID INCLUDE THAT IN OUR

                    ONE-HOUSE, BUT WE WERE UNSUCCESSFUL IN THE THREE-WAY NEGOTIATION IN

                    BEING ABLE TO HAVE THAT INCLUDED IN THE BUDGET.

                                 MR. MURRAY:  OKAY.  BUT THEN, FINALLY, AS FAR AS

                    LIBRARY AID, AGAIN, GOOD NEWS HERE, BOTH ON THE SIDE OF LIBRARY AID, IF

                    I'M NOT MISTAKEN, WE -- WE RESTORED, AND THEN ALSO INCREASED, CORRECT?

                                 MS. WEINSTEIN:  YES.  WE -- THE NUMBERS IN THE --

                    IN LIBRARY IS $5 MILLION, WHICH IS $1 MILLION OVER LAST YEAR; $20

                    MILLION FOR LIBRARIES, WHICH IS $10 MILLION IN CAPITAL, $10 MILLION OVER

                    LAST YEAR.

                                         94



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                                 MR. MURRAY:  VERY GOOD.  HELENE, THANK YOU VERY

                    MUCH.  I APPRECIATE ALL OF YOUR -- YOUR ANSWERS AND YOUR PATIENCE WITH

                    US ON THIS.  THE REASON I BROUGHT ALL THAT UP --

                                 MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER HEVESI:  ON THE BILL, SIR.

                                 MR. MURRAY:  THE REASON I BROUGHT IT ALL UP IS THAT

                    WE -- WE -- YOU KNOW, IT'S EASY TO SOMETIMES BASH SOME OF THE BAD

                    THINGS IN IT, BUT IT'S ALSO IMPORTANT TO BRING UP SOME OF THE GOOD THINGS

                    WE WERE DOING.  AND INCREASING THE LIBRARY AID AS WE DID, THE

                    FOUNDATION AID, THE SCHOOL FUNDING, I THINK WE DID A LOT OF GOOD THINGS

                    IN THIS BILL, AND I APPRECIATE ALL THE HARD WORK AND EFFORT THAT WAS PUT

                    INTO THIS.  THERE WERE A COUPLE OF THINGS THAT WE WOULD LIKE TO SEE AS

                    FAR AS -- AS WE SAID, ADDRESSING -- INCREASING THE SALARY GAP ON BOCES

                    EMPLOYEES, AND I HOPE WE WILL CONTINUE TO WORK ON THAT.  BUT, OVERALL,

                    I THINK IT WAS A GREAT JOB DONE BY ALL.  SO, I'LL BE VERY PLEASED TO

                    SUPPORT THIS BILL.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER HEVESI:  MR. GOODELL.

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

                    THE SPONSOR YIELD?

                                 ACTING SPEAKER HEVESI:  DOES THE SPONSOR

                    YIELD?

                                 MS. WEINSTEIN:  HAPPY TO.

                                 MR. GOODELL:  THANK YOU VERY MUCH.  I JUST HAD A

                    COUPLE OF QUICK QUESTIONS, ACTUALLY.

                                 MS. WEINSTEIN:  SURE.

                                         95



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                                 MR. GOODELL:  ON THE CHIPS PROGRAM, I -- I SAW

                    THAT WE CONTINUED THE FUNDING AT THE SAME LEVEL AS LAST YEAR, WHICH WAS

                    $438 MILLION, AND WE ALSO HAD $65 MILLION FOR SEVERE WEATHER

                    RECOVERY FOR A TOTAL OF $5- --

                                 MS. WEINSTEIN:  YES; CORRECT.

                                 MR. GOODELL:  -- FOR A TOTAL OF $503 MILLION.

                    GREAT PROGRAM, BY THE WAY, AND CERTAINLY SUPPORT THAT FUNDING.  MY

                    CONCERN ON THE CHIPS PROGRAM IS, IT'S MY UNDERSTANDING THAT ALL OF THIS

                    MONEY IS BORROWED AND HAS BEEN BORROWED FOR 20 OR 30 YEARS NOW; IS

                    THAT ALSO YOUR UNDERSTANDING?

                                 MS. WEINSTEIN:  YES, IT IS.

                                 MR. GOODELL:  AND IT'S A LITTLE BIT LIKE A PYRAMID

                    SCHEME, WE'RE BORROWING EVERY SINGLE YEAR FOR ONGOING EXPENSES.  CAN

                    YOU GIVE US AN IDEA OF WHAT THE DEBT PAYMENTS ARE ON PREVIOUS

                    BORROWING?

                                 MS. WEINSTEIN:  IF YOU COULD JUST WAIT ONE

                    MOMENT, I'LL GET THAT FIGURE FOR YOU.

                                 (PAUSE)

                                 RIGHT.  I THINK, MR. GOODELL, THAT WE CAN GET -- WE'LL

                    HAVE TO GET BACK TO YOU ON THE -- THAT EXACT NUMBER.

                                 MR. GOODELL:  THAT'S FINE.  THE REASON I RAISE THAT

                    CONCERN, OF COURSE, IS, IT'S MY UNDERSTANDING THAT THE AMOUNT WE PAY

                    ON -- ON DEBT SERVICE ON THE CHIPS PROGRAM NOW EXCEEDS THE ANNUAL

                    APPROPRIATION.

                                 MS. WEINSTEIN:  YES, I -- I'VE BEEN INFORMED THAT

                                         96



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    THAT IS CORRECT, EVEN THOUGH I DON'T HAVE THE EXACT NUMBER.

                                 MR. GOODELL:  AND SO, JUST LOOKING FORWARD,

                    BECAUSE I'M -- I'M HOPING AND ANTICIPATING YOU'LL BE IN YOUR CURRENT

                    ROLE FOR SOMETIME, IT WOULD MAKE SENSE, FROM A FINANCIAL PERSPECTIVE,

                    FOR THE STATE TO PUT THIS ON A REGULAR OPERATING BASIS USING OPERATING

                    FUNDS.  LONG-TERM, WE'LL GET MORE BANG FOR THE BUCK.  OBVIOUSLY, I'M

                    CONCERNED ABOUT BORROWING FOR ROUTINE EXPENSES.

                                 MS. WEINSTEIN:  I -- YOUR CONCERN IS DULY NOTED.

                                 MR. GOODELL:  I HAD ANOTHER QUESTION, IF I COULD,

                    ON THE SKI FACILITY UPGRADES AT THE OLYMPIC REGIONAL DEVELOPMENT

                    AUTHORITY.

                                 MS. WEINSTEIN:  YES.

                                 MR. GOODELL:  AS YOU KNOW, THIS IS ONE AREA

                    WHERE WE HAVE A TAXPAYER CHECKOFF FOR VOLUNTARY CONTRIBUTIONS.  AM I

                    CORRECT THAT THE AMOUNT OF THE TAXPAYER VOLUNTARY CONTRIBUTIONS TO THIS

                    PROJECT RUN ABOUT $19,000 A YEAR?

                                 MS. WEINSTEIN:  I -- I THINK WE MIGHT HAVE TO

                    DEFER THAT -- THE ANSWER TO THAT QUESTION TO -- ONCE WE TALK ABOUT

                    REVENUE BECAUSE I NEED THAT STAFF WITH ME TO GET THAT INFORMATION.  SO

                    WE'LL HAVE THE EXACT NUMBER -- TRY AND HAVE AN EXACT NUMBER FOR YOU.

                                 MR. GOODELL:  LAST, THE BUDGET, KIND OF TOWARD

                    THE END, ON PAGE 970, HAS A -- APPEARS TO BE TWO POTS OF FUNDS, A

                    "BULLET AID" I THINK IS WHAT IT'S COMMONLY CALLED, $40 MILLION EACH:

                    ONE POT FOR THE ASSEMBLY, ONE POT OF FUNDS FOR THE SENATE.

                                 MS. WEINSTEIN:  YES.

                                         97



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                                 MR. GOODELL:  CAN YOU DESCRIBE FOR US WHAT WILL

                    BE THE PROCESS IN THE ASSEMBLY FOR THE SOLICITATION OF PROPOSALS, THE

                    REVIEW OF THOSE PROPOSALS, THE EVALUATION OF THOSE PROPOSALS, THE

                    CRITERIA THAT WILL BE USED AND WHETHER OR NOT THERE TO BE ANY PUBLIC

                    HEARINGS OR COMMITTEE HEARINGS OR -- OR OTHER PROCESS IN DEVELOPING

                    WHICH ENTITIES WOULD RECEIVE THE $40 MILLION?

                                 MS. WEINSTEIN:  I -- THAT PROCESS HAS NOT YET BEEN

                    DETERMINED.

                                 MR. GOODELL:  WELL, WE HAVE THIS BULLET AID EVERY

                    YEAR.  CAN YOU EXPLAIN WHAT PROCESS WAS USED THIS YEAR FOR THE BULLET

                    AID?

                                 MS. WEINSTEIN:  AFTER LOOKING AT THE -- THIS PAST

                    YEAR, AFTER LOOKING AT SCHOOL RUNS, SEEING -- LOOKING AT DATA FROM THE

                    SCHOOLS, FROM THE -- THE DISTRICTS, SEEING WHERE THERE SEEMED TO BE

                    SOME DISCREPANCIES, AID WAS DISTRIBUTED.

                                 MR. GOODELL:  THIS YEAR, GOING FORWARD, DO YOU

                    ANTICIPATE THAT THESE FUNDS WILL BE AVAILABLE TO SCHOOL DISTRICTS IN A FAIR

                    AND EQUITABLE EVALUATION ON A NON-PARTISAN BASIS?

                                 MS. WEINSTEIN:  I -- I'M TOLD THAT IT'S A FAIRLY -- THAT

                    IN OUR HOUSE IT'S FAIRLY TRANSPARENT, AND THAT THERE WILL BE A RESOLUTION

                    PRESENTED.  THERE IS OPPORTUNITY TO ASK -- ASK QUESTIONS, AND FOR

                    MEMBERS TO -- TO VOTE ON THAT -- THAT INFORMATION.

                                 MR. GOODELL:  I'M -- I'M AWARE THE FINAL RESULT IS

                    SUBJECT TO A RESOLUTION.  I -- I JUST WANTED TO RECEIVE A REASSURANCE THAT

                    SCHOOL DISTRICTS IN REPUBLICAN, DEMOCRAT, INDEPENDENT AREAS, YOU

                                         98



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    KNOW, AREAS REPRESENTED BY DIFFERENT ASSEMBLY MEMBERS, REGARDLESS OF

                    POLITICAL AFFILIATION, WILL BE GIVEN A FAIR AND EQUAL EVALUATION AS TO THE

                    NEEDS FOR THAT PARTICULAR SCHOOL AND THE APPROPRIATENESS OF BULLET AID

                    FOR THAT SCHOOL.

                                 MS. WEINSTEIN:  WELL, AS I SAID, THE PROCESS HAS

                    YET TO BE DEVELOPED AND I, YOU KNOW, I DO THINK BETWEEN THE ASSEMBLY

                    AND THE SENATE, WE DO HAVE A -- A BALANCE OF MEMBERS WHO REPRESENT

                    DISTRICTS THROUGHOUT THE -- THE STATE.  BUT AS I SAID, IT'S STILL TO BE

                    DETERMINED AS WE GO FORWARD.

                                 MR. GOODELL:  ALL RIGHT.  WELL, HOPEFULLY, AS THIS

                    PROCESS MOVES FORWARD, WHEN THAT RESOLUTION IS PRESENTED AND WE ASK

                    THE SAME QUESTIONS, THE ANSWERS WILL BE VERY FORTHCOMING ON HOW WE

                    GOT THERE AND WILL REASSURE EVERYBODY THAT THE EVALUATION WAS BASED ON

                    THE MERITS AND NOT ON JUST PARTISAN POLITICS.  THANK YOU VERY MUCH --

                                 MS. WEINSTEIN:  SURE.

                                 MR. GOODELL:  -- AND THANK YOU VERY MUCH FOR

                    YOUR WORK ON THIS BUDGET.

                                 MS. WEINSTEIN:  THANK YOU, MR. GOODELL.

                                 MR. GOODELL:  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER HEVESI:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER HEVESI:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. RA TO EXPLAIN HIS VOTE.

                                         99



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                                 MR. RA:  THANK YOU, MR. SPEAKER.  AS SEVERAL OF MY

                    COLLEAGUES SAID, THERE ARE A LOT OF GOOD STUFF IN THIS BILL, THE

                    RESTORATIONS OF -- OF LIBRARY CAPITAL AND INCREASES IN LIBRARY CAPITAL, A LOT

                    OF SUPPORT FOR -- FOR OUR COLLEGES, EDUCATION SUPPORT, OUR 4201 SCHOOLS

                    AND SOME RESTORATIONS THERE.  BUT -- BUT I -- I WANT TO JUST MAKE SURE I

                    AGAIN MENTION, AND MR. MURRAY ALLUDED TO THIS, WE HAVE A SEGMENT OF

                    OUR SCHOOL SYSTEM THAT IS IN SEVERE CRISIS, AND IF THIS WAS TAKING PLACE

                    IN OUR ORDINARY PUBLIC SCHOOL SYSTEM, IT'S SOMETHING WE WOULD NEVER

                    STAND FOR, AND I'M TALKING ABOUT OUR 853 SCHOOLS AND OUR 4410

                    PRE-SCHOOL PROGRAMS.  THE DISPARITY BETWEEN WHAT THE TEACHERS THERE

                    ARE -- ARE PAID AS OPPOSED TO CERTIFIED PUBLIC TEACHERS THAT GO

                    ELSEWHERE IN THE PUBLIC SCHOOL SYSTEM IS $25,000 TO $30,000.  THESE

                    ARE THE REALLY -- STUDENTS THAT HAVE SIGNIFICANT NEEDS.  AND AS A RESULT

                    OF THIS, PEOPLE GET OTHER JOBS IN THE PUBLIC SCHOOL SYSTEM AND THEY'RE

                    GONE.  AND PEOPLE WHO NEED THAT CONTINUITY OF HAVING THE SAME

                    TEACHER TO WORK WITH THEM AND THEY'RE WORKED WITH YEAR-ROUND IN -- IN

                    A LOT OF THESE SCHOOLS, END UP WITH TWO, THREE DIFFERENT TEACHERS OVER

                    THE COURSE OF A YEAR.

                                 SO, I HOPE THAT IS SOMETHING WE CAN CONTINUE TO WORK

                    ON.  I KNOW THIS HOUSE, THANKFULLY, PROVIDED AND REALLY MADE THAT A

                    PRIORITY IN OUR ONE-HOUSE BUDGET, BUT I HOPE WE CAN CONTINUE TO COME

                    TOGETHER TO SUPPORT THOSE VERY IMPORTANT SCHOOLS, THAT AT THE END OF THE

                    DAY, OUR PUBLIC SCHOOLS, THEY'RE SERVICING STUDENTS THAT JUST CAN'T GET

                    THE FULL SERVICES THEY NEED WITHIN OUR ORDINARY OR OUR TRADITIONAL PUBLIC

                    SCHOOL SYSTEM.  I VOTE IN THE AFFIRMATIVE.  THANK YOU.

                                         100



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                                 ACTING SPEAKER AUBRY:  MR. RA IN THE

                    AFFIRMATIVE.

                                 MR. SANTABARBARA.

                                 MR. SANTABARBARA:  THANK YOU, MR. SPEAKER.

                    I RISE TO SUPPORT THE CONTINUED INVESTMENT WE'RE MAKING IN

                    INFRASTRUCTURE WITH THIS BILL.  I'M PLEASED TO SEE FUNDING FOR LOCAL ROADS

                    AND BRIDGES ACROSS THE STATE.  OUR COMMUNITIES ARE STILL FACING THE

                    CHALLENGE OF AGING INFRASTRUCTURE.  AS A CIVIL ENGINEER MYSELF, I KNOW

                    THAT SMART INVESTMENTS LIKE THIS HELP US GET AHEAD OF THE PROBLEMS, TO

                    LOOK OUT FOR OUR ROADS, BRIDGES AND WATER MAINS, AND PREVENT PROBLEMS

                    FROM HAPPENING IN THE FIRST PLACE.  THIS FUNDING WILL HELP

                    COMMUNITIES, UPSTATE COMMUNITIES LIKE THE CITY OF AMSTERDAM IN MY

                    DISTRICT BUILD MORE RELIABLE, SAFER ROADS THAT ARE CRITICAL TO ENSURING

                    PUBLIC SAFETY FOR LOCAL RESIDENTS.  RELIABLE ROADS AND WELL-MAINTAINED

                    BRIDGES ARE VITAL TO ECONOMIC DEVELOPMENT AND OUR WAY OF LIFE IN

                    UPSTATE NEW YORK AND I'M PLEASED TO CAST MY VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. SANTABARBARA IN

                    THE AFFIRMATIVE.

                                 MS. GLICK TO EXPLAIN HER VOTE.

                                 MS. GLICK:  THANK YOU, MR. SPEAKER, VERY BRIEFLY.

                    A GREAT MANY PROJECTS AT OUR PUBLIC HIGHER EDUCATION INSTITUTIONS ARE

                    VITAL TO THOSE COMMUNITIES AND TO ENSURING THAT A HIGH QUALITY

                    EDUCATION CONTINUES TO BE AVAILABLE AT OUR SUNY AND CUNY SYSTEMS.

                    I'M VERY PLEASED TO SEE THAT WE HAVE CONTINUED THOSE INVESTMENTS.

                    AND I ALSO AM VERY PLEASED THAT WE HAVE A SECOND ROUND OF COMPANION

                                         101



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    ANIMAL SHELTER MATCHING GRANT DOLLARS, BECAUSE THOSE SHELTERS ARE

                    IMPORTANT ACROSS THE STATE, AND THE FIRST ROUND WAS INCREDIBLY

                    SUCCESSFUL.  SO, IT'S A GOOD DAY FOR OUR FURRY FRIENDS.  AND I'M PLEASED

                    TO VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MS. GLICK IN THE

                    AFFIRMATIVE.

                                 MR. PALMESANO.

                                 MR. PALMESANO:  MR. SPEAKER, JUST TO BRIEFLY

                    EXPLAIN MY VOTE.  I JUST WANT TO, YOU KNOW, SAY I THINK THE FOCUS ON

                    LOCAL INFRASTRUCTURE IS AN IMPORTANT ONE.  I WANT TO SAY THANKS TO MY

                    COLLEAGUES IN THIS CHAMBER ON BOTH SIDES OF THE AISLE WHO RECOGNIZE

                    AND SUPPORT OUR -- OUR CHIPS PROGRAM, WINTER RECOVERY FUNDING.  YOU

                    KNOW, TO RESTORE THE $65 MILLION THAT THE EXECUTIVE CUT I THINK WAS

                    APPROPRIATE, BUT I WISH WE COULD HAVE GONE FURTHER, AND WE'RE GOING TO

                    CONTINUE TO KEEP GOING FURTHER.

                                 LISTEN, I KNOW WITH THE NEW -- THE $1.5 BILLION FOR THE

                    MTA, AND THE $174 MILLION NEW FUNDING FOR THE ACTION PLAN, I

                    UNDERSTAND, ESPECIALLY FOR MY COLLEAGUES FROM DOWNSTATE, HOW

                    IMPORTANT THE -- THE MTA IS.  IT'S THE LIFEBLOOD OF DOWNSTATE.  I JUST TO

                    REITERATE, AGAIN, THAT CHIPS PROGRAM, MY COLLEAGUES, FOR SOME OF OUR

                    UPSTATE RURAL COMMUNITIES, IS THE ONLY FUNDING SOME OF THESE LOCAL

                    COMMUNITIES HAVE FOR THEIR LOCAL INFRASTRUCTURE, FOR THEIR ROADS AND

                    BRIDGES.  AND -- AND THIS IS A SAFETY ISSUE.  HOW MANY OF US PUT OUR

                    KIDS OR GRAND KIDS ON A SCHOOL BUS EVERY MORNING, HOW -- FOR OUR FIRST

                    RESPONDERS GOING TO EMERGENCIES, FOR OUR ECONOMIC DEVELOPMENT, YOU

                                         102



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    KNOW, BUSINESSES LOCATED IN TOWNS, CITIES AND VILLAGES.  THOSE ROADS

                    HAVE TO BE APPROPRIATE FOR TOURISTS OR WHATEVER IT MAY BE.

                                 BUT I HOPE GOING FURTHER WE CAN CONTINUE THAT

                    INVESTMENT, NOT JUST TRYING TO GET BACK TO EVEN, AND LOOK AT THAT PARITY

                    BETWEEN THE MTA AND OUR -- AND OUR INFRASTRUCTURE, UPSTATE ROADS AND

                    BRIDGES, BECAUSE THAT'S CRITICALLY, CRITICALLY IMPORTANT.  AND THE CHIPS

                    PROGRAM HELPS EVERYONE.  IT HELPS NEW YORK CITY, IT HELPS LONG

                    ISLAND, EVERYONE ACROSS THE STATE.

                                 SO, AGAIN, I WANTED TO JUST SAY THANKS FOR THE

                    CONTINUED SUPPORT ON THIS AREA, FOR OUR UPSTATE ROADS AND BRIDGES, IT

                    HELPS OUR LOCAL PROPERTY TAXPAYERS.  BUT CERTAINLY THERE'S -- I THINK

                    THERE'S A LOT MORE WE CAN DO.  UNMET NEED IS SIGNIFICANT.  THERE'S $89

                    BILLION IN UNMET NEEDS FOR OUR LOCAL ROADS AND BRIDGES; $27 BILLION JUST

                    IN BRIDGES.  YOU KNOW, AND WHEN YOU THINK OF 87 PERCENT OF THE ROADS

                    ARE OWNED AND MAINTAINED BY -- 87 PERCENT OF THE ROADS ARE OWNED AND

                    MAINTAINED BY OUR LOCALITIES, 52 PERCENT OF THE BRIDGES ARE OWNED AND

                    MAINTAINED BY OUR MUNICIPALITIES, 48 PERCENT OF THE MILES DRIVEN ARE

                    DRIVEN ON OUR LOCAL ROADS.  AND LET'S NOT FORGET THAT AS WE GO FORWARD.

                    HOPEFULLY, THE EXECUTIVE WILL -- WILL PUT THAT IN HIS BUDGET NEXT TIME

                    AROUND.  BUT I APPRECIATE THE SUPPORT, BUT WE CERTAINLY HAVE A LONG

                    WAY TO GO ON THIS ISSUE.  THANK YOU SO MUCH.

                                 ACTING SPEAKER AUBRY:  MR. PALMESANO IN THE

                    AFFIRMATIVE.

                                 MR. CYMBROWITZ TO EXPLAIN HIS VOTE.

                                 MR. CYMBROWITZ:  THANK YOU, MR. SPEAKER.  ON

                                         103



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    THE BILL.

                                 ACTING SPEAKER AUBRY:  YOU'RE EXPLAINING

                    YOUR VOTE.

                                 MR. CYMBROWITZ:  YES, EXPLAINING THE BILL --

                    EXPLAINING THE VOTE.  THERE'S BEEN A LOT OF DISCUSSION RECENTLY ABOUT

                    NYCHA FACILITIES AND THE CHALLENGES THEY'RE EXPERIENCING.  AS WE

                    SPEAK OF HEATING SYSTEMS AND BUILDINGS, WE MUST REMEMBER THE MOST

                    IMPORTANT PART OF THE CONVERSATION - THE NEARLY 400,000 RESIDENTS THAT

                    CALL THESE DEVELOPMENTS HOME.  THESE PEOPLE ARE THE FABRIC OF THE CITY

                    AND ITS WORKFORCE AND WITHOUT THEM, NEW YORK WOULD NOT BE WHAT IT

                    IS TODAY.  THIS BUDGET INCLUDES SEVERAL INITIATIVES TO ADDRESS RECENT AND

                    LONG-TERM INFRASTRUCTURE PROBLEMS THREATENING THE HEALTH AND SAFETY OF

                    THESE RESIDENTS.  OVER THE LAST SEVERAL YEARS, THE ASSEMBLY MAJORITY

                    HAS LED THE WAY IN CHANGING THE NARRATIVE OF, "THE STATE HAS NO ROLE

                    HERE," BY SECURING MUCH-NEEDED FUNDING AND RESOURCES TO HELP RIGHT

                    SOME OF THE WRONGS THAT HAVE BEEN DONE TO THESE RESIDENTS.

                                 NOW, WE MUST DEMAND THAT ALL LEVELS OF GOVERNMENT

                    STEP UP TO MAKE SURE THESE HOUSING UNITS REMAIN FOREVER AFFORDABLE

                    AND MEET THE NEEDS OF THEIR OCCUPANTS.  NYCHA AND ITS RESIDENTS ARE

                    NOT A CITY ONTO THEMSELVES AND WE MUST ALL WORK TOGETHER TO RIGHT THE

                    SHIP WITH A COORDINATED AND COMPREHENSIVE RESPONSE.

                                 ACTING SPEAKER AUBRY:  MR. CYMBROWITZ IN

                    THE AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                         104



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                                 THE BILL IS PASSED.

                                 MR. MORELLE.

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

                    AND GENTLEMEN, I WANT TO, AGAIN, UNDERSCORE HOW MUCH WE APPRECIATE

                    EVERYONE'S PATIENCE TONIGHT.  LET ME JUST TRY TO DESCRIBE WHERE WE ARE.

                    WE CONTINUE TO MAKE PROGRESS.  WE HAVE THREE MORE BILLS WHICH WE'RE

                    GOING TO TAKE UP TONIGHT WHICH WILL CONCLUDE OUR WORK ON THE 2018-'19

                    STATE BUDGET.  WE INTEND TO DO THAT THIS EVENING, WE'RE ON TRACK TO DO

                    THAT.  WE DO HAVE, BEFORE WE CONCLUDE, HOWEVER, PROBABLY, CERTAINLY

                    HAVE PARTY CONFERENCES, SEVERAL COMMITTEE MEETINGS, THEY WILL

                    PRODUCE POTENTIALLY ONE OR MORE CALENDARS WHICH WE WILL TAKE UP.

                                 SO, WHAT I'M GOING TO ASK PEOPLE TO DO IS TO -- I'M

                    GOING TO -- IN JUST A MOMENT, I'M GOING TO CALL ON MR. CROUCH AND THEN

                    I'M GOING TO MAKE A MOTION TO STAND AT EASE, BUT I WOULD ASK PEOPLE TO

                    PLEASE EITHER STAY IN THE VICINITY.  PEOPLE CAN CERTAINLY GO BACK TO THE

                    LOB.  IT WILL BE A LITTLE WHILE BEFORE WE CALL YOU BACK, SO IT MAY MAKE

                    SOME SENSE TO JUST REST YOUR EYES AND JUST TAKE SOME TIME.  WE WILL

                    CALL YOU BACK, WE'LL, OBVIOUSLY, GIVE PEOPLE ENOUGH TIME TO BE CALLED

                    BACK TO THE CHAMBER.  BUT I DON'T WANT PEOPLE LEAVING.  WE ARE ON

                    COURSE TO FINISH.

                                 I DO WANT TO ALSO THANK THE MINORITY FOR THEIR

                    COOPERATION, THEY'VE BEEN TERRIFIC IN -- IN WORKING WITH US TO MAKE SURE

                    THAT THESE BILLS ARE REVIEWED TO -- TO THEIR -- SO THAT THEY'RE SATISFIED --

                    TO THEIR SATISFACTION, AND TAKING TIME TO CONFERENCE AND TO WORK WITH US

                    ON COMMITTEES, ET CETERA.  SO, WE'RE ALL WORKING TO ACHIEVE THE SAME

                                         105



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    RESULTS HERE, WHICH IS TO CONCLUDE THE BUDGET.  I WOULD ASK YOU, AGAIN,

                    GO TO THE LOB, STAY HERE IF YOU'D LIKE.  IT'S GOING TO TAKE A LITTLE TIME.

                    AND I'D JUST ASK FOR YOUR CONTINUED PATIENCE.  WE ARE GOING TO GET DONE

                    THIS EVENING.

                                 WITH THAT, I'D LIKE TO ASK YOU TO CALL ON MR. CROUCH

                    FOR THE PURPOSES OF AN ANNOUNCEMENT.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  MR.

                    CROUCH FOR THE PURPOSES OF AN ANNOUNCEMENT.

                                 MR. CROUCH:  THANK YOU, MR. SPEAKER.  IF THE

                    REPUBLICAN MEMBERS WOULD PAY ATTENTION TO THEIR PHONES, WE WILL BE

                    CALLING FOR A BILL BRIEFING CONFERENCE A LITTLE BIT LATER ON.  BUT IF YOU

                    WOULD, CERTAINLY AS THE MAJORITY LEADER HAD SAID, STAY CLOSE TO THE

                    PHONES AND PAY ATTENTION SO WE CAN CALL YOU BACK.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. MORELLE.

                                 MR. MORELLE:  YES, SIR.  I NOW ASK THE HOUSE

                    STAND AT EASE.

                                 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.

                    COLLEAGUES, MEMBERS WILL FIND ON THEIR DESK A D-CALENDAR.  I NOW

                                         106



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    MOVE TO ADVANCE THE D-CALENDAR.

                                 ACTING SPEAKER AUBRY:  ON MR. MORELLE'S

                    MOTION, THE D-CALENDAR IS ADVANCED.

                                 THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. 10272, RULES REPORT

                    NO. 25, O'DONNELL, LIFTON.  AN ACT TO AMEND THE PENAL LAW, THE

                    CRIMINAL PROCEDURE LAW AND THE FAMILY COURT ACT, IN RELATION TO THE

                    POSSESSION OF WEAPONS BY DOMESTIC VIOLENCE OFFENDERS; AND TO REPEAL

                    CERTAIN PROVISIONS OF THE CRIMINAL PROCEDURE LAW RELATING THERETO.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

                    O'DONNELL, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.  GOVERNOR'S MESSAGE IS AT -- AT THE DESK.  THE CLERK WILL

                    READ.

                                 THE CLERK:  I HEREBY CERTIFY TO AN IMMEDIATE VOTE,

                    ANDREW M. CUOMO, GOVERNOR.

                                 ACTING SPEAKER AUBRY:  AN EXPLANATION IS

                    REQUESTED, MR. O'DONNELL.

                                 MR. O'DONNELL:  THANK YOU.  THIS BILL BRINGS

                    TOGETHER A SERIES OF BILLS THAT THIS BILL -- THAT THIS HOUSE PASSED IN THE

                    LAST NUMBER OF WEEKS.  IT PRIMARILY HAS TO DO WITH EXPANDING THE

                    DEFINITION OF WHAT A "SERIOUS OFFENSE" IS TO INCLUDE A NUMBER OF

                    DOMESTIC VIOLENCE OFFENSES.  INDIVIDUALS WHO ARE CONVICTED OF A

                    SERIOUS OFFENSE ARE PROHIBITED FROM PURCHASING OR POSSESSING FIREARMS.

                    IT CLARIFIES THE PROCEDURE FOR DETERMINING IF A POTENTIAL SERIOUS OFFENSE

                    CRIME WAS COMMITTED AGAINST A MEMBER OF THE SAME FAMILY OR

                                         107



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    HOUSEHOLD.  IT ESTABLISHES A PROCESS FOR NOTIFICATION TO DCJS AND THE

                    FBI OF DOMESTIC VIOLENCE MISDEMEANOR CONVICTIONS FOR THE PURPOSE OF

                    IDENTIFYING INDIVIDUALS PROHIBITED FROM PURCHASING OR POSSESSING

                    FIREARMS.  IT PROVIDES THAT WHEN AN ORDER OF PROTECTION IS ISSUED, THE

                    COURT ORDERS SURRENDER OF A HANDGUN, THE COURT SHALL ALSO ORDER THE

                    SURRENDER OF ANY RIFLES OR SHOTGUNS.  IT CLARIFIES THE PROCEDURES FOR AN

                    INDIVIDUAL TO SEEK RETURN OF A SURRENDERED FIREARM AT THE TERMINATION OF

                    THE SUSPENSION ORDER.  IT PREVENTS INDIVIDUALS WITH AN OUTSTANDING

                    WARRANT FOR A FELONY OR SERIOUS OFFENSE CRIME FROM BEING ELIGIBLE FOR A

                    LICENSE, AND IT CREATES A NEW REQUIREMENT THAT THE COURT ORDER THE

                    SURRENDER OF FIREARMS FOLLOWING A FELONY OR SERIOUS OFFENSE CONVICTION.

                    THAT IS WHAT THE BILL DOES.

                                 ACTING SPEAKER AUBRY:  MR. GOODELL.

                                 MR. GOODELL:  THANK YOU, MR. SPEAKER.  ON THE

                    BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. GOODELL:  I KNOW THAT I AND -- AND SOME OF

                    MY COLLEAGUES HAVE GREAT CONCERNS OVER THE BREADTH OF THIS PROVISION,

                    BASED ON A COUPLE OF ASPECTS.  FIRST, THIS BILL WOULD TRIGGER THE LOSS OF A

                    PERSON'S SECOND AMENDMENT RIGHTS FOR ALLEGATIONS OR ALLEGED CRIMES

                    THAT MOST OF US WOULD NOT CONSIDER TO BE A SERIOUS OFFENSE JUSTIFYING

                    THE LOSS OF YOUR SECOND AMENDMENT RIGHTS.  FOR EXAMPLE, THIS BILL

                    WOULD BE TRIGGERED BY CRIMINAL TAMPERING IN THE THIRD DEGREE; "A

                    PERSON IS GUILTY OF CRIMINAL TAMPERING IN THE THIRD DEGREE WHEN THEY

                    TAMPER WITH PROPERTY OF ANOTHER PERSON WITH INTENT TO CAUSE SUBSTANTIAL

                                         108



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    INCONVENIENCE."  LET ME GIVE YOU AN EXAMPLE.  YOU LET THE AIR OUT OF

                    THE TIRE OF SOMEBODY'S CAR.  THAT'S A GROUND TO LOSE YOUR RIGHTS, YOUR

                    SECOND AMENDMENT RIGHTS TO HAVE ANY GUNS?  THERE'S NO VIOLENCE

                    INVOLVED AT ALL.  IT MERELY CREATED INCONVENIENCE.  THAT SHOULD NOT BE

                    THE GROUNDS FOR LOSING YOUR SECOND AMENDMENT RIGHTS.

                                 THIS IS ALSO TRIGGERED BY CRIMINAL CONTEMPT IN THE

                    SECOND DEGREE.  CRIMINAL CONTEMPT IN THE SECOND DEGREE IS WHEN

                    YOU DISRUPT A COURT PROCEEDING.  SO, IF THERE'S A COURT PROCEEDING

                    INVOLVING A FAMILY MEMBER AND YOU DISRUPT IT -- YOU MAY EVEN BE

                    SPEAKING ON BEHALF OF YOUR FAMILY MEMBER AND THE COURT SAYS --

                    YOU'VE ALL SEEN THOSE SHOWS, YOU BE QUIET OR I'M HOLDING YOU IN

                    CONTEMPT.  YEAH, THAT'S CRIMINAL CONTEMPT IN THE SECOND AND YOU LOSE

                    YOUR SECOND AMENDMENT RIGHTS?  OR WHAT ABOUT BEING TRIGGERED BY

                    CRIMINAL TRESPASS IN THE SECOND DEGREE, WHERE YOU ENTER INTO A

                    FENCED YARD, IF THE FENCED YARD HAPPENS TO BE OWNED BE A FAMILY

                    MEMBER, YOU LOSE YOUR SECOND AMENDMENT RIGHTS.  THAT'S WHAT THIS

                    BILL SAYS.

                                 BUT IT GOES FURTHER THAN THAT.  IT SAYS, YOU LOSE YOUR

                    SECOND AMENDMENTS RIGHTS IF YOU ATTEMPT TO DO ANY OF THOSE.  SO, YOU

                    ATTEMPTED TO HARASS SOMEBODY AND YOU WERE UNSUCCESSFUL, WHAT, YOU

                    WERE GOING TO YELL AT THEM, BUT YOU DIALED THE WRONG NUMBER, OR THEIR

                    PHONE WAS TURNED OFF, AND SO YOU LOSE YOUR SECOND AMENDMENT

                    RIGHTS?  YOU WANTED TO ENTER INTO THEIR BACKYARD OVER THE FENCE, BUT

                    YOU'RE NOT PHYSICALLY ABLE TO, THAT'S AN ATTEMPT, SO YOU NEVER LEFT THE

                    SIDEWALK, YOU LOSE YOUR SECOND AMENDMENTS RIGHTS.

                                         109



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                                 THIS IS A CONSTITUTIONAL RIGHT.  AND WE AGREE, IF

                    THERE'S A SERIOUS VIOLENT OFFENSE IN THE CONTEXT OF A DOMESTIC VIOLENCE,

                    YOU -- YOU SHOULD BE FACING THE LOSS OF YOUR FIREARM.  BUT THAT'S NOT

                    WHAT THIS BILL DOES.  THIS BILL EXPANDS IT SO THE MINOREST, THE SMALLEST,

                    THE LEAST OFFENSE, IF IT INVOLVES A FAMILY MEMBER, YOU FACE LOSING YOUR

                    SECOND AMENDMENT RIGHTS.  IT IS WAY TOO BROAD, AND THAT'S WHY I AND

                    MANY OF MY COLLEAGUES WILL HAVE SERIOUS PROBLEMS TRYING TO SUPPORT

                    THIS TYPE OF BILL.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MS. MAYER.

                                 READ THE LAST SECTION.

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

                    DAY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. O'DONNELL TO EXPLAIN HIS VOTE.

                                 MR. O'DONNELL:  ONE-TEN IN THE MORNING, SILENCE

                    IS GOLDEN, SO I WILL BE AS BRIEF AS I CAN.  THERE'S NOTHING ABOUT

                    ALLEGATIONS OR ALLEGATIONS OF CONDUCT, IT'S ABOUT CRIMINAL CONDUCT.  IT'S

                    NOT CRIMINAL CONDUCT OF A MINOR NATURE, IT'S CRIMINAL CONDUCT AGAINST A

                    FAMILY MEMBER.  WHAT THIS BILL DOES IS IT COMPORTS NEW YORK LAW TO

                    FEDERAL LAW WITHOUT DIRECTLY REFERENCING IT, BECAUSE I DID THAT LAST

                    TIME, AND I WON'T DO THAT AGAIN.  BUT THE MOST IMPORTANT THING TO

                    REALIZE IS OUR LAWS HAVE GREAT DISCRETION WRITTEN INTO THEM.  THEY

                    PROVIDE A JUDGE WITH DISCRETION TO OFFER AND TO GIVE A CERTIFICATE OF

                                         110



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    RELIEF FROM CIVIL DISABILITIES, WHICH MEANS AT THE TIME OF CONVICTION

                    THEY COULD WIPE AWAY ALL OF THE CIVIL DISABILITIES FROM SAID CONVICTION,

                    INCLUDING THIS PROVISION.  SO, IF IT WAS A MINOR THING WHERE SOMEBODY

                    WAS DRUNK AND JUMPED OVER A FENCE AND THEY DIDN'T MEAN TO JUMP OVER

                    A FENCE, THERE IS A MECHANISM FOR THEM TO SAY, THESE RULES WON'T APPLY

                    FOR THIS CONVICTION.

                                 BUT THOSE ARE THE ONE-IN-A-MILLION.  WE ALL KNOW THE

                    FACTS ABOUT DOMESTIC VIOLENCE.  WE ALL KNOW THE FACTS ABOUT THE

                    LIKELIHOOD THAT A WOMAN WILL BE HARMED OR KILLED BECAUSE THERE IS A

                    WEAPON IN THEIR HOME.  AND THAT'S WHY THE FEDERAL GOVERNMENT HAS

                    TAKEN THAT ACTION.  THAT'S WHY THIS STATE IS TAKING THIS ACTION, AND IT IS

                    VERY LONG OVERDUE.  I WOULD LIKE TO THANK MY SPEAKER FOR ALLOWING ME

                    TO HAVE THIS BILL AND TO DEFEND THIS BILL, AND I LOOK FORWARD TO PASSING

                    THIS BILL TONIGHT.  THANK YOU VERY MUCH.

                                 ACTING SPEAKER AUBRY:  MS. PAULIN.

                                 MS. PAULIN:  THANK YOU, MR. SPEAKER.  I -- I RISE

                    BECAUSE I, TOO, WANT TO SPEAK ABOUT THE FACT THAT GUNS ARE SO LETHAL IN

                    THE CASE OF DOMESTIC VIOLENCE, AND WE HAVE TO DO EVERYTHING THAT WE

                    CAN TO BE SURE THAT THEY ARE TAKEN OUT OF SOMEONE'S HANDS WHEN THERE

                    HAS BEEN AN INCIDENCE OF DOMESTIC VIOLENCE.  AND, YOU KNOW, I WAS

                    THE AUTHOR OF THE -- OF THE BILL THAT CONFORMED THE STATE LAW TO THE

                    FEDERAL LAW, BECAUSE WE RECOGNIZED THAT FEDERAL LAW -- ALTHOUGH THE

                    FEDERAL LAW SAID THAT YOU CANNOT HAVE A GUN, POSSESS A GUN, WE DID NOT

                    HAVE THE CONFORMING STATE LAW.  AND WHAT'S IN THIS BILL IS AN EXTENSION

                    OF THAT.

                                         111



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                                 SO, I -- I BELIEVE THAT WE ARE DOING THE RIGHT THING

                    HERE.  WE ARE ALLOWING JUDGES TO REQUIRE THE SURRENDERING OF THE GUN,

                    WHICH IS MERELY A CONFORMANCE TO FEDERAL LAW.  SO, I AM VERY PROUD

                    THAT MY BILL HAS BEEN INCORPORATED INTO THIS BILL AND I WITHDRAW MY

                    REQUEST TO SPEAK AND I VOTE IN THE POSITIVE.

                                 ACTING SPEAKER AUBRY:  MS. PAULIN IN THE

                    AFFIRMATIVE.

                                 MS. FAHY TO EXPLAIN HER VOTE.

                                 MS. FAHY:  THANK YOU, MR. SPEAKER.  I RISE TO

                    EXPLAIN MY VOTE AND ALSO TO COMMEND -- I PLAN TO VOTE IN THE

                    AFFIRMATIVE, AND I WANT TO COMMEND THE -- THE SPONSOR AND COMMEND

                    THE SPEAKER, AS WELL, FOR BRINGING THIS FORWARD.  THIS IS PART OF WHAT I

                    BELIEVE IS -- IS COMMON SENSE, AND I THINK GUN SENSE EQUALS COMMON

                    SENSE, PARTICULARLY WITH REGARD TO GUN VIOLENCE WHERE IT RELATES TO

                    DOMESTIC VIOLENCE.  I THINK WE'VE LEARNED REPEATEDLY IN -- IN RECENT

                    YEARS, LET ALONE RECENT MONTHS THAT WE CAN NO LONGER HAVE HOLLOW

                    SYMPATHY.  WE REALLY -- I BELIEVE THE ONLY DOWNSIDE OF THIS LEGISLATION

                    TONIGHT IS THAT IT'S NOT PART OF A MUCH BIGGER PACKAGE.  SO, IT IS A LITTLE

                    BIT BITTERSWEET, BUT I AM PLEASED THAT WE ARE TAKING WHAT I THINK IS A

                    MAJOR, MAJOR STEP.  WE KNOW THAT WHEN A DOMESTIC ABUSER, WHEN --

                    WHEN THERE'S A GUN IN THE HOME WITH DOMESTIC ABUSE, THAT THE VICTIM IS

                    FIVE TIMES MORE LIKELY TO END UP DEAD, FIVE TIMES MORE LIKELY WHEN A

                    GUN IS IN THE HOME.  SO, IN MANY CASES, THAT MEANS WOMEN THAT ARE

                    MUCH, MUCH MORE AT RISK, WOMEN OR CHILDREN.  AND WE SEE IT OVER AND

                    OVER, I THINK 16 TIMES JUST IN THE -- IN 20, 26 DOMESTIC HOMICIDES IN

                                         112



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    NEW YORK.

                                 AGAIN, I BELIEVE WE NEED A MULTI-PRONGED APPROACH.

                    WE'VE GOT TO CLOSE AS MANY LOOPHOLES AS POSSIBLE.  I'D LIKE TO SEE A LOT

                    MORE DONE ON BACKGROUND CHECKS, ON BUMP STOCKS, ON EXTREME RISK OR

                    RED FLAG -- EXTREME RISK PROTECTION ORDERS OR RED FLAGS.  BUT I THINK THIS

                    IS A VERY SIGNIFICANT LAW.  I ALSO RECOGNIZE THAT REPEATEDLY THE RESEARCH

                    HAS SHOWN STATES THAT HAVE THE TOUGHEST GUN LAWS HAVE THE LOWEST RATES

                    OF GUN VIOLENCE.  TOUGHEST GUN LAWS, LOWEST RATES OF GUN VIOLENCE.  SO,

                    SINCE CONGRESS HAS NOT BEEN ACTING IN -- IN AN APPROPRIATE MANNER, I'M

                    PROUD TO SEE THAT, ONCE AGAIN, NEW YORK IS LEADING, AND THAT WE WILL

                    MOVE THIS.  I VOTE IN THE AFFIRMATIVE.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MS. FAHY IN THE

                    AFFIRMATIVE.

                                 MR. CASTORINA TO EXPLAIN HIS VOTE.

                                 MR. CASTORINA:  THANK YOU, MR. SPEAKER.  SO,

                    THIS IS HOW IT HAPPENS, THIS IS HOW THE SECOND AMENDMENT GETS

                    DESTROYED IN NEW YORK AT A QUARTER-AFTER-ONE IN THE MORNING IN THE

                    MIDDLE OF A BUNCH OF BUDGET BILLS.  THAT'S REAL NICE.  REALLY INTERESTING

                    HOW THAT HAPPENED.

                                 YOU KNOW, THIS BILL IS UNCONSTITUTIONAL.  THIS -- I WANT

                    TO KNOW WHAT HAPPENED TO THE OTHER BILL.  WHAT HAPPENED TO THE BILL

                    THAT WE VOTED ON ABOUT A MONTH OR SO AGO THAT HAD SOME REAL DUE

                    PROCESS PROVISIONS IN IT, THE THREE-DAY PERIOD WHERE YOU GOT BEFORE A

                    JUDGE?  DO YOU GUYS REMEMBER THAT ONE?  BECAUSE I REMEMBER IT.  I --

                    I VOTED FOR IT.  I VOTED IN THE AFFIRMATIVE ON THAT ONE.  SO HERE, WE'RE

                                         113



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    GOING TO TAKE AWAY YOUR SECOND AMENDMENT RIGHT UNDER THE GUISE OF

                    DOMESTIC VIOLENCE, AND WE'RE GOING TO THROW DUE PROCESS OUT THE

                    WINDOW.  HEY, BY THE WAY, I HAVE A LOT OF PEOPLE IN MY DISTRICT THAT ARE

                    NOT ONLY GUN OWNERS, BUT GUN COLLECTORS.  AND THEIR COLLECTIONS ARE

                    WORTH THOUSANDS OF DOLLARS, THOUSANDS OF DOLLARS.  WHERE'S THE

                    REMUNERATION CLAUSE IN THIS BILL THAT REPLENISHES OR PROVIDES THE VALUE

                    BACK TO THE DEFENDANT?  HEY, ANOTHER THING, I DON'T KNOW IF ANY OF YOU

                    PRACTICE IN THE -- IN THE WORLD OF FAMILY LAW, BUT, HAVE YOU EVER HEARD

                    THE PHRASE THAT, AN ORDER OF PROTECTION CAN BE USED AS A SWORD

                    INSTEAD OF A SHIELD?  BECAUSE THAT HAPPENS, TOO.

                                 SO, THE FACT THAT THIS IS HAPPENING RIGHT NOW UNDER

                    THESE CIRCUMSTANCES, OUTSIDE OF THE LIGHT OF DAY, IS SHOCKING, AND THAT'S

                    THE REASON WHY I VOTE NO.

                                 ACTING SPEAKER AUBRY:  MR. CASTORINA IN THE

                    NEGATIVE.

                                 MR. MONTESANO.

                                 MR. MONTESANO:  THANK YOU, MR. SPEAKER.  JUST

                    ONE OF THE PROBLEMS OF THE MANY THAT ARE WITH THIS BILL THAT I HAVE IS,

                    THERE'S NOTHING IN THIS BILL THAT ADDRESSES THE RAMIFICATIONS THAT AFFECTS

                    ANY LAW ENFORCEMENT OFFICER.  WE HAVE THOUSANDS AND THOUSANDS OF

                    LAW ENFORCEMENT PEOPLE IN THIS STATE THAT AS PART OF THEIR JOB, MUST

                    POSSESS AND CARRY A FIREARM, IN MANY OCCASIONS AT ALL TIMES.  IF THEY GET

                    INVOLVED IN ANY OF THE DOMESTIC INCIDENCES THAT ARE STATED IN THIS LAW,

                    IT CAN CAUSE THE LOSS OF THEIR JOB BECAUSE WITHOUT THE ABILITY TO POSSESS

                    OR CARRY A FIREARM, THEY CANNOT BE EMPLOYED.  NOW, THE INCIDENT

                                         114



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    STANDING BY ITSELF IN THE NORMAL COURSE OF THE CURRENT STATUTES WOULDN'T

                    BE ENOUGH FOR THEM TO LOSE THEIR JOBS.  BUT THE -- THE LOSS OF THE

                    POSSESSION OF THEIR FIREARM IS A DETRIMENT TO THEM.  AND WHILE A JUDGE,

                    WHICH WAS SAID EARLIER, CAN ISSUE A CERTIFICATE OF RELIEF IN CIVIL

                    DISABILITIES, MANY JUDGES ARE NOT GOING TO ISSUE ONE ON A DOMESTIC

                    VIOLENCE CASE BECAUSE NONE OF WANT TO HAVE THEIR NAME IN THE

                    NEWSPAPER SHOULD SOMETHING GO WRONG.  SO, FOR THAT REASONS (SIC) AND

                    MANY OTHERS WITH THIS BILL, I'LL BE VOTING IN THE NEGATIVE.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. MONTESANO IN THE

                    NEGATIVE.

                                 MR. MURRAY TO EXPLAIN HIS VOTE.

                                 MR. MURRAY:  THANK YOU, MR. SPEAKER.  JUST A

                    COUPLE OF POINTS I'D -- I'D LIKE TO MAKE ON THIS.  FIRST IS THAT A NO-VOTE

                    ON THIS BILL DOES NOT MEAN WE ARE ARMING THOSE WHO ARE CONVICTED OF

                    DOMESTIC VIOLENCE; IN FACT, UNDER CURRENT LAW, IF YOU WERE CONVICTED OF

                    A FELONY OR A SERIOUS CRIME, YOU WILL HAVE YOUR WEAPONS TAKEN AWAY.

                    SO -- SO, VOTING NO TO THIS DOES NOT DO THAT.  VOTING YES TO THIS, IS, AS

                    MY COLLEAGUE SO ELOQUENTLY PUT IT, IS BASICALLY ERODING AWAY AT OUR

                    SECOND AMENDMENT RIGHTS.  WE'RE JUST ADDING SOME OF THE CRIMES HERE

                    AND CALLING THEM SERIOUS CRIMES, LIKE COERCION IN THE THIRD DEGREE,

                    CRIMINAL TRESPASS IN THE SECOND DEGREE, CRIMINAL TRESPASS IN THE

                    THIRD DEGREE, WHICH REALLY DON'T HAVE ANYTHING TO DO WITH DOMESTIC

                    VIOLENCE.

                                 BY THE WAY, ONE OTHER REALLY IMPORTANT POINT TO POINT

                    OUT, MANY OF THESE CRIMES THAT WE'RE TALKING ABOUT HERE, WE'RE OH SO

                                         115



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    QUICK TO TAKE AWAY OUR SECOND AMENDMENTS RIGHTS, BUT IF THEY WERE

                    THAT SERIOUS, WHY DO WE WANT TO REMOVE BAIL FROM THESE?  SO, FOR THESE

                    REASONS, I'LL BE VOTING NO.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. MURRAY IN THE

                    NEGATIVE.

                                 MS. GLICK TO EXPLAIN HER VOTE.

                                 MS. GLICK:  I AM VERY -- JUST TAKE A MOMENT TO

                    EXPLAIN MY VOTE.  THE CONCERN ABOUT RAISING A PENALTY IS SUCH AN

                    INTERESTING JUXTAPOSITION HERE TODAY.  I DON'T FEEL LIKE I'M TAKING

                    SOMEONE'S SECOND AMENDMENT RIGHTS AWAY, THEY WILL BE DOING THAT IF

                    THEY COMMIT A -- AN ACT OF DOMESTIC VIOLENCE.  SO, I FEEL VERY

                    COMFORTABLE IN VOTING YES FOR THIS MEASURE, AND I WANT TO THANK MY

                    FRIEND AND THE SPONSOR OF THE BILL.

                                 ACTING SPEAKER AUBRY:  MS. GLICK IN THE

                    AFFIRMATIVE.

                                 MR. LAVINE TO EXPLAIN HIS VOTE.

                                 MR. LAVINE:  SO, A COUPLE OF OBSERVATIONS.  THANK

                    YOU.  I KNOW THAT TO SOME PEOPLE THE HELLER DECISION, THE SUPREME

                    COURT DECISION MEANS THAT IN THEIR HEART OF HEARTS, THEY BELIEVE THAT THE

                    SECOND AMENDMENT PROVIDES AN ABSOLUTE RIGHT FOR ANYONE TO POSSESS

                    ANY KIND OF A FIREARM.  BUT IT SEEMS TO ME THAT IF THAT WAS TRUE, THEN

                    WE'D HAVE AN AWFULLY TOUGH TIME DENYING PRISONERS IN MAXIMUM

                    SECURITY JAILS THEIR RIGHT TO A FIREARM.  SO, IT IS OBVIOUSLY A RIGHT THAT IS

                    TEMPERED, AND HELLER EVEN SAYS THAT.  IT SAYS IT EXPRESSLY.  AND I KNOW

                    THAT IT IS NOW ABOUT 1:25 IN THE MORNING, AND IT'S DARK OUT, AND WE'RE

                                         116



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    GOING TO VOTE ON THIS -- ON THIS BILL, AND I'M GOING TO BE VOTING IN FAVOR

                    OF THIS BILL, AND I HOPE IT PASSES, BUT MY THOUGHT IS WITH SOMEONE WHO

                    IS THE VICTIM OF DOMESTIC VIOLENCE AT 1:25 IN THE MORNING, OR 1:45 IN

                    THE MORNING, OR 2:30 IN THE MORNING, OR 4:00 IN THE MORNING, IT IS OUR

                    OBLIGATION TO PROTECT THOSE PEOPLE.  THIS BILL IS QUITE MODERATE IN ITS

                    APPROACH AND IT IS FULL OF DUE PROCESS RIGHTS.  IT CERTAINLY COMPORTS

                    WITH EACH AND EVERY CONSTITUTIONAL REQUIREMENT, NOTWITHSTANDING THE

                    OBSERVATIONS OF SOME WHO DO BELIEVE THAT THAT SECOND AMENDMENT

                    RIGHT IS SO VERY, VERY PRECIOUS AND INVIOLATE.

                                 I AM VERY PLEASED TO VOTE IN THE AFFIRMATIVE, AND I

                    WANT TO THANK THE SPEAKER AND I WANT TO THANK THE SPONSOR OF THIS BILL.

                                 ACTING SPEAKER AUBRY:  MR. LAVINE 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.  WE HAVE

                    THE NEED TO CALL ON MR. CROUCH SO THAT HE MAY MAKE A -- AN

                    ANNOUNCEMENT.

                                 ACTING SPEAKER AUBRY:  MR. CROUCH FOR THE

                    PURPOSES OF AN ANNOUNCEMENT.

                                 MR. CROUCH:  THANK YOU, MR. SPEAKER.  THERE WILL

                    BE AN IMMEDIATE REPUBLICAN CONFERENCE IN THE PARLOR.

                                 ACTING SPEAKER AUBRY:  IMMEDIATE

                                         117



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    REPUBLICAN CONFERENCE IN THE PARLOR.

                                 MR. MORELLE.

                                 MR. MORELLE:  YES, MR. SPEAKER.  I MOVE THAT THE

                    HOUSE STAND AT EASE UNTIL THE CONCLUSION OF REPUBLICAN CONFERENCE.

                                 ACTING SPEAKER AUBRY:  THE HOUSE WILL STAND

                    AT EASE UNTIL THE CONCLUSION OF THAT CONFERENCE.  THANK YOU VERY MUCH.

                                 (WHEREUPON, THE HOUSE STOOD AT EASE.)

                                 ACTING SPEAKER AUBRY:  THE HOUSE WILL COME

                    TO ORDER.

                                 MR. MORELLE.

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

                    AND GENTLEMEN, MEMBERS, YOU ALL HAVE ON YOUR DESKS AN E-CALENDAR.  I

                    NOW MOVE TO ADVANCE THE E-CALENDAR.

                                 ACTING SPEAKER AUBRY:  ON MR. MORELLE'S

                    MOTION, THE E-CALENDAR IS ADVANCED.

                                 MR. MORELLE.

                                 MR. MORELLE:   YES.  COULD WE GO TO PAGE 4,

                    DIRECTLY TO RULES REPORT NO. 27, A BUDGET BILL.

                                 ACTING SPEAKER AUBRY:   THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A9509-C, RULES NO.

                    27, BUDGET BILL.  AN ACT INTENTIONALLY OMITTED (PART A); TO AMEND THE

                    REAL PROPERTY TAX LAW, IN RELATION TO MAKING THE STAR INCOME

                    VERIFICATION PROGRAM MANDATORY; TO AMEND THE TAX LAW, IN RELATION TO

                    THE CALCULATION OF INCOME FOR BASIC STAR PURPOSES; TO REPEAL

                    SUBPARAGRAPHS (V) AND (VI) OF PARAGRAPH (B) OF SUBDIVISION 4,

                                         118



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    PARAGRAPHS (B) AND (C) OF SUBDIVISION 5 AND PARAGRAPH (C) OF

                    SUBDIVISION 6 OF SECTION 425 OF THE REAL PROPERTY TAX LAW RELATING TO

                    THE SCHOOL TAX RELIEF (STAR) EXEMPTION; AND TO REPEAL SECTION 171-O

                    OF THE TAX LAW RELATING TO INCOME VERIFICATION FOR A CITY WITH A

                    POPULATION OF ONE MILLION OR MORE (PART B); INTENTIONALLY OMITTED (PART

                    C); INTENTIONALLY OMITTED (PART D); TO AMEND THE GENERAL MUNICIPAL

                    LAW, THE EDUCATION LAW, THE STATE FINANCE LAW, THE REAL PROPERTY

                    TAX LAW AND THE TAX LAW, IN RELATION TO MAKING TECHNICAL CORRECTIONS

                    TO VARIOUS STATUTES IMPACTING PROPERTY TAXES; AND TO REPEAL SUBSECTION

                    (BBB) OF SECTION 606 OF THE TAX LAW, SECTION 3-D OF THE GENERAL

                    MUNICIPAL LAW AND SECTION 2023-B OF THE EDUCATION LAW, RELATING

                    THERETO (PART E); INTENTIONALLY OMITTED (PART F); TO AMEND THE REAL

                    PROPERTY TAX LAW, IN RELATION TO ASSESSMENT CEILINGS; AND TO AMEND

                    CHAPTER 475 OF THE LAWS OF 2013, AMENDING THE REAL PROPERTY TAX

                    LAW RELATING TO ASSESSMENT CEILINGS FOR LOCAL PUBLIC UTILITY MASS REAL

                    PROPERTY, IN RELATION TO THE EFFECTIVENESS THEREOF (PART G); TO AMEND THE

                    TAX LAW AND THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, IN

                    RELATION TO EXTENDING THE STATUTE OF LIMITATIONS FOR ASSESSING TAX ON

                    AMENDED RETURNS (PART H); TO AMEND THE TAX LAW, IN RELATION TO

                    PROVIDING FOR EMPLOYEE WAGE REPORTING CONSISTENCY BETWEEN THE

                    DEPARTMENT OF TAXATION AND FINANCE AND THE DEPARTMENT OF LABOR

                    (PART I); TO AMEND THE TAX LAW, IN RELATION TO SALES AND COMPENSATING

                    USE TAXES IMPOSED ON FOOD AND BEVERAGES SOLD BY RESTAURANTS AND

                    SIMILAR ESTABLISHMENTS (PART J); TO AMEND THE TAX LAW, IN RELATION TO

                    ALLOWING SHARING WITH THE COMPTROLLER INFORMATION REGARDING

                                         119



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    UNWARRANTED FIXED AND FINAL DEBT (PART K); INTENTIONALLY OMITTED (PART

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

                    AMEND THE TAX LAW AND THE ADMINISTRATIVE CODE OF THE CITY OF NEW

                    YORK, IN RELATION TO THE DEFINITION OF "RESIDENT" FOR TAX PURPOSES OF THE

                    PERSONAL INCOME TAX (PART O); TO AMEND THE TAX LAW, IN RELATION TO THE

                    EMPIRE STATE CHILD CREDIT (PART P); TO AMEND THE TAX LAW, IN RELATION

                    TO EXTENDING THE HIRE A VETERAN CREDIT FOR AN ADDITIONAL TWO YEARS (PART

                    Q); TO AMEND THE LABOR LAW AND THE TAX LAW, IN RELATION TO

                    ENHANCING THE NEW YORK YOUTH JOBS PROGRAM (PART R); INTENTIONALLY

                    OMITTED (PART S); INTENTIONALLY OMITTED (PART T); INTENTIONALLY OMITTED

                    (PART U); INTENTIONALLY OMITTED (PART V); TO AMEND THE TAX LAW, IN

                    RELATION TO EXEMPTING FROM SALES AND USE TAX CERTAIN VETERINARY DRUGS

                    AND MEDICINES AND REMOVING THE REFUND/CREDIT THEREFOR (PART W); TO

                    AMEND THE TAX LAW, IN RELATION TO PROVIDING RELIEF FROM SALES TAX

                    LIABILITY FOR CERTAIN PARTNERS OF A LIMITED PARTNERSHIP AND MEMBERS OF A

                    LIMITED LIABILITY COMPANY (PART X); INTENTIONALLY OMITTED (PART Y); TO

                    AMEND PART A OF CHAPTER 61 OF THE LAWS OF 2017, AMENDING THE TAX

                    LAW RELATING TO THE IMPOSITION OF SALES AND COMPENSATING USE TAXES IN

                    CERTAIN COUNTIES, IN RELATION TO EXTENDING THE REVENUE DISTRIBUTION

                    PROVISIONS FOR THE ADDITIONAL RATES OF SALES AND USE TAX OF GENESEE,

                    MONROE, ONONDAGA AND ORANGE COUNTIES (PART Z); INTENTIONALLY

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

                    OMITTED (PART CC); INTENTIONALLY OMITTED (PART DD); TO AMEND THE

                    RACING, PARI-MUTUEL WAGERING AND BREEDING LAW, IN RELATION TO

                    ADJUSTING THE FRANCHISE PAYMENT; AND TO ESTABLISH AN ADVISORY

                                         120



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    COMMITTEE TO REVIEW THE STRUCTURE, OPERATIONS AND FUNDING OF EQUINE

                    DRUG TESTING AND RESEARCH (PART EE); INTENTIONALLY OMITTED (PART FF); TO

                    AMEND THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW, IN

                    RELATION TO LICENSES FOR SIMULCAST FACILITIES, SUMS RELATING TO TRACK

                    SIMULCAST, SIMULCAST OF OUT-OF-STATE THOROUGHBRED RACES, SIMULCASTING

                    OF RACES RUN BY OUT-OF-SATE HARNESS TRACKS AND DISTRIBUTIONS OF WAGERS;

                    TO AMEND CHAPTER 281 OF THE LAWS OF 1994 AMENDING THE RACING,

                    PARI-MUTUEL WAGERING AND BREEDING LAW AND OTHER LAWS RELATING TO

                    SIMULCASTING AND CHAPTER 346 OF THE LAWS OF 1990 AMENDING THE

                    RACING, PARI-MUTUEL WAGERING AND BREEDING LAW AND OTHER LAWS

                    RELATING TO SIMULCASTING AND THE IMPOSITION OF CERTAIN TAXES, IN RELATION

                    TO EXTENDING CERTAIN PROVISIONS THEREOF; AND TO AMEND THE RACING,

                    PARI-MUTUEL WAGERING AND BREEDING LAW, IN RELATION TO EXTENDING

                    CERTAIN PROVISIONS THEREOF (PART GG); TO AMEND THE STATE FINANCE LAW,

                    IN RELATION TO THE COMMERCIAL GAMING REVENUE FUND; AND TO REPEAL

                    SUBDIVISION 4 OF SECTION 97-NNNN OF THE STATE FINANCE LAW RELATING TO

                    BASE-YEAR GAMING REVENUE (PART HH); INTENTIONALLY OMITTED (PART II); TO

                    AMEND THE TAX LAW AND THE ADMINISTRATIVE CODE OF THE CITY OF NEW

                    YORK, IN RELATION TO ADDRESSING CHANGES MADE TO THE INTERNAL REVENUE

                    CODE BY PUBLIC LAW 115-97 (PART JJ); TO AMEND THE TAX LAW, IN

                    RELATION TO FEDERAL GROSS INCOME AND FEDERAL DEDUCTIONS ALLOWED

                    PURSUANT TO THE INTERNAL REVENUE CODE; AND TO AMEND THE

                    ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, IN RELATION TO THE

                    TAXATION OF BUSINESS CORPORATIONS (PART KK); TO AMEND THE STATE

                    FINANCE LAW, IN RELATION TO ESTABLISHING THE CHARITABLE GIFTS TRUST

                                         121



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    FUND AND THE HEALTH CHARITABLE ACCOUNT, AND THE ELEMENTARY AND

                    SECONDARY EDUCATION CHARITABLE ACCOUNT; PROVIDES CREDITS FOR

                    CONTRIBUTIONS TO HEALTH RESEARCH INC. AND UNIVERSITY FOUNDATIONS; TO

                    AMEND THE TAX LAW, IN RELATION TO CREDITS FOR CONTRIBUTIONS TO ACCOUNTS

                    IN THE CHARITABLE GIFTS TRUST FUND; TO AMEND THE EDUCATION LAW AND

                    THE GENERAL MUNICIPAL LAW, IN RELATION TO AUTHORIZING SCHOOL DISTRICTS,

                    COUNTIES AND NEW YORK CITY TO ESTABLISH CHARITABLE FUNDS; AND TO

                    AMEND THE REAL PROPERTY TAX LAW, IN RELATION TO AUTHORIZING SUCH

                    LOCALITIES TO PROVIDE A CREDIT AGAINST REAL PROPERTY TAXES FOR SUCH

                    CONTRIBUTIONS (PART LL); TO AMEND THE TAX LAW AND THE STATE FINANCE

                    LAW, IN RELATION TO THE IMPOSITION OF AN EMPLOYER COMPENSATION

                    EXPENSE TAX (PART MM); TO AMEND THE RACING, PARI-MUTUEL WAGERING

                    AND BREEDING LAW, IN RELATION TO THE NEW YORK JOCKEY INJURY

                    COMPENSATION FUND, INC. (PART NN); TO AMEND THE RACING,

                    PARI-MUTUEL WAGERING AND BREEDING LAW, IN RELATION TO THE DISPOSITION

                    OF NET REVENUE (PART OO); TO AMEND THE PUBLIC HOUSING LAW AND THE

                    TAX LAW, IN RELATION TO THE STATE LOW-INCOME HOUSING CREDIT (PART

                    PP); TO AMEND THE TAX LAW, IN RELATION TO EXTENDING CERTAIN TAX RATES

                    (PART QQ); TO AMEND THE TAX LAW, IN RELATION TO THE CREDIT FOR

                    REHABILITATION OF HISTORICAL PROPERTIES (PART RR); TO AMEND THE TAX LAW

                    AND THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, IN RELATION TO

                    THE PERSONAL INCOME TAX ON RESIDENTS OF THE CITY OF NEW YORK (PART

                    SS); TO AMEND THE TAX LAW, IN RELATION TO CAPITAL AWARDS TO VENDOR

                    TRACKS (PART TT); TO AMEND THE VEHICLE AND TRAFFIC LAW, IN RELATION TO

                    THE DISPOSITION OF CERTAIN PROCEEDS COLLECTED BY THE COMMISSIONER OF

                                         122



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    MOTOR VEHICLES; TO AMEND THE TRANSPORTATION LAW AND THE TAX LAW,

                    IN RELATION TO THE DISPOSITION OF CERTAIN FEES AND ASSESSMENTS; TO AMEND

                    THE STATE FINANCE LAW, IN RELATION TO THE SPECIAL OBLIGATION RESERVE

                    AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST

                    FUND; TO AMEND THE PUBLIC AUTHORITIES LAW, IN RELATION TO THE

                    METROPOLITAN TRANSPORTATION AUTHORITY FINANCE FUND; AND TO AMEND

                    THE STATE FINANCE LAW, IN RELATION TO THE METROPOLITAN TRANSPORTATION

                    AUTHORITY FINANCIAL ASSISTANCE FUND; TO REPEAL SUBDIVISION 5 OF

                    SECTION 317 OF THE VEHICLE AND TRAFFIC LAW RELATING TO CERTAIN

                    ASSESSMENTS CHARGED AND COLLECTED BY THE COMMISSIONER OF MOTOR

                    VEHICLES; TO REPEAL SUBDIVISION 6 OF SECTION 423-A OF THE VEHICLE AND

                    TRAFFIC LAW RELATING TO FUNDS COLLECTED BY THE DEPARTMENT OF MOTOR

                    VEHICLES FROM THE SALE OF CERTAIN ASSETS; AND TO REPEAL SUBDIVISION 4 OF

                    SECTION 94 OF THE TRANSPORTATION LAW RELATING TO CERTAIN FEES COLLECTED

                    BY THE COMMISSIONER OF TRANSPORTATION (PART UU); TO AMEND THE STATE

                    FINANCE LAW, IN RELATION TO THE FUNDING OF THE CAPITAL AND OPERATING

                    COSTS OF THE METROPOLITAN TRANSPORTATION AUTHORITY NEW YORK CITY

                    SUBWAY ACTION PLAN; AND PROVIDING FOR THE REPEAL OF CERTAIN

                    PROVISIONS UPON EXPIRATION THEREOF (PART VV); TO UTILIZE RESERVES IN THE

                    MORTGAGE INSURANCE FUND FOR VARIOUS HOUSING PURPOSES; AND TO REPEAL

                    CERTAIN PROVISIONS OF PART R OF CHAPTER 56 OF THE LAWS OF 2017 RELATING

                    TO RESERVES IN THE MORTGAGE INSURANCE FUND FOR VARIOUS HOUSING

                    PURPOSES, RELATING THERETO (PART WW); TO AMEND THE JUDICIARY LAW, IN

                    RELATION TO THE NUMBER OF SUPREME COURT JUSTICES IN CERTAIN JUDICIAL

                    DISTRICTS (PART XX); TO AMEND THE SOCIAL SERVICES LAW, IN RELATION TO

                                         123



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    INCREASING THE STANDARDS OF MONTHLY NEED FOR AGED, BLIND AND DISABLED

                    PERSONS LIVING IN THE COMMUNITY (PART YY); TO AMEND THE SOCIAL

                    SERVICES LAW, IN RELATION TO A RENTAL SUBSIDY FOR PUBLIC ASSISTANCE

                    RECIPIENTS LIVING WITH HIV/AIDS (PART ZZ); TO AMEND SUBPART H OF

                    PART C OF CHAPTER 20 OF THE LAWS OF 2015, APPROPRIATING MONEY FOR

                    CERTAIN MUNICIPAL CORPORATIONS AND SCHOOL DISTRICTS, IN RELATION TO

                    FUNDING TO LOCAL GOVERNMENT ENTITIES FROM THE URBAN DEVELOPMENT

                    CORPORATION (PART AAA); TO PROVIDE FOR THE ADMINISTRATION OF CERTAIN

                    FUNDS AND ACCOUNTS RELATED TO THE 2018-19 BUDGET AND AUTHORIZING

                    CERTAIN PAYMENTS AND TRANSFERS; TO AMEND THE STATE FINANCE LAW, IN

                    RELATION TO THE SCHOOL TAX RELIEF FUND AND TO PAYMENTS, TRANSFERS AND

                    DEPOSITS; TO AMEND CHAPTER 174 OF THE LAWS OF 1968 CONSTITUTING THE

                    NEW YORK STATE URBAN DEVELOPMENT CORPORATION ACT, IN RELATION TO

                    FUNDING PROJECT COSTS UNDERTAKEN BY NON-PUBLIC SCHOOLS; TO AMEND THE

                    NEW YORK STATE URBAN DEVELOPMENT CORPORATION ACT, IN RELATION TO

                    FUNDING PROJECT COSTS FOR CERTAIN CAPITAL PROJECTS; TO AMEND CHAPTER

                    389 OF THE LAWS OF 1997, RELATING TO THE FINANCING OF THE CORRECTIONAL

                    FACILITIES IMPROVEMENT FUND AND THE YOUTH FACILITY IMPROVEMENT

                    FUND, IN RELATION TO THE ISSUANCE OF BONDS; TO AMEND THE PRIVATE

                    HOUSING FINANCE LAW, IN RELATION TO HOUSING PROGRAM BONDS AND

                    NOTES; TO AMEND CHAPTER 329 OF THE LAWS OF 1991, AMENDING THE STATE

                    FINANCE LAW AND OTHER LAWS RELATING TO THE ESTABLISHMENT OF THE

                    DEDICATED HIGHWAY AND BRIDGE TRUST FUND, IN RELATION TO THE ISSUANCE

                    OF BONDS; TO AMEND THE PUBLIC AUTHORITIES LAW, IN RELATION TO THE

                    ISSUANCE OF BONDS BY THE DORMITORY AUTHORITY; TO AMEND CHAPTER 61

                                         124



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    OF THE LAWS OF 2005 RELATING TO PROVIDING FOR THE ADMINISTRATION OF

                    CERTAIN FUNDS AND ACCOUNTS RELATED TO THE 2005-2006 BUDGET, IN

                    RELATION TO ISSUANCE OF BONDS BY THE URBAN DEVELOPMENT CORPORATION;

                    TO AMEND THE NEW YORK STATE URBAN DEVELOPMENT CORPORATION ACT,

                    IN RELATION TO THE ISSUANCE OF BONDS; TO AMEND THE PUBLIC AUTHORITIES

                    LAW, IN RELATION TO THE STATE ENVIRONMENTAL INFRASTRUCTURE PROJECTS; TO

                    AMEND THE NEW YORK STATE URBAN DEVELOPMENT CORPORATION ACT, IN

                    RELATION TO AUTHORIZING THE URBAN DEVELOPMENT CORPORATION TO ISSUE

                    BONDS TO FUND PROJECT COSTS FOR THE IMPLEMENTATION OF A NY-CUNY

                    CHALLENGE GRANT PROGRAM AND INCREASING THE BONDING LIMIT FOR CERTAIN

                    STATE AND MUNICIPAL FACILITIES; TO AMEND CHAPTER 81 OF THE LAWS OF

                    2002, RELATING TO PROVIDING FOR THE ADMINISTRATION OF CERTAIN FUNDS AND

                    ACCOUNTS RELATED TO THE 2002-2003 BUDGET, IN RELATION TO INCREASING THE

                    AGGREGATE AMOUNT OF BONDS TO BE ISSUED BY THE NEW YORK STATE URBAN

                    DEVELOPMENT CORPORATION; TO AMEND CHAPTER 59 OF THE LAWS OF 2004,

                    AUTHORIZING THE NEW YORK STATE URBAN DEVELOPMENT CORPORATION AND

                    THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK TO ISSUE BONDS OR

                    NOTES, IN RELATION TO INCREASING CERTAIN BONDS; TO AMEND THE PUBLIC

                    AUTHORITIES LAW, IN RELATION TO FINANCING OF PEACE BRIDGE AND

                    TRANSPORTATION CAPITAL PROJECTS; TO AMEND THE PUBLIC AUTHORITIES LAW,

                    IN RELATION TO DORMITORIES AT CERTAIN EDUCATIONAL INSTITUTIONS OTHER THAN

                    STATE-OPERATED INSTITUTIONS AND STATUTORY OR CONTRACT COLLEGES UNDER THE

                    JURISDICTION OF THE STATE UNIVERSITY OF NEW YORK; TO AMEND THE NEW

                    YORK STATE MEDICAL CARE FACILITIES FINANCE AGENCY ACT, IN RELATION TO

                    BONDS AND MENTAL HEALTH FACILITIES IMPROVEMENT NOTES; TO AMEND

                                         125



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    CHAPTER 61 OF THE LAWS OF 2005, RELATING TO PROVIDING FOR THE

                    ADMINISTRATION OF CERTAIN FUNDS AND ACCOUNTS RELATED TO THE 2005-2006

                    BUDGET, IN RELATION TO INCREASING THE BONDING LIMIT FOR CERTAIN PUBLIC

                    PROTECTION FACILITIES; TO AMEND THE STATE FINANCE LAW AND THE PUBLIC

                    AUTHORITIES LAW, IN RELATION TO FUNDING CERTAIN CAPITAL PROJECTS AND THE

                    ISSUANCE OF BONDS; TO AMEND CHAPTER 59 OF THE LAWS OF 2017 RELATING

                    TO PROVIDING FOR THE ADMINISTRATION OF CERTAIN FUNDS AND ACCOUNTS

                    RELATED TO THE 2017-18 BUDGET AND AUTHORIZING CERTAIN PAYMENTS AND

                    TRANSFERS, IN RELATION TO THE EFFECTIVENESS THEREOF; TO AMEND CHAPTER 63

                    OF THE LAWS OF 2005, RELATING TO THE COMPOSITION AND RESPONSIBILITIES

                    OF THE NEW YORK STATE HIGHER EDUCATION CAPITAL MATCHING GRANT

                    BOARD, IN RELATION TO INCREASING THE AMOUNT OF AUTHORIZED MATCHING

                    CAPITAL GRANTS; TO AMEND THE PUBLIC AUTHORITIES LAW, IN RELATION TO

                    INCREASING THE AMOUNT OF BONDS AUTHORIZED TO BE ISSUED; TO AMEND THE

                    FACILITIES DEVELOPMENT CORPORATION ACT, IN RELATION TO AUTHORIZING THE

                    ISSUANCE OF BONDS IN RELATION TO GRANTS MADE TO VOLUNTARY AGENCIES;

                    AND PROVIDING FOR THE REPEAL OF CERTAIN PROVISIONS UPON EXPIRATION

                    THEREOF (PART BBB); TO AMEND THE EDUCATION LAW, IN RELATION TO

                    CONTRACTS FOR EXCELLENCE AND THE APPORTIONMENT OF PUBLIC MONEYS; TO

                    AMEND THE EDUCATION LAW, IN RELATION TO THE REPORTING OF TEACHER

                    DIVERSITY; TO AMEND THE EDUCATION LAW, IN RELATION TO A STATEMENT OF

                    THE TOTAL FUNDING ALLOCATION; TO REPEAL SECTION 2590-R-1 OF SUCH LAW

                    RELATING THERETO; AND PROVIDING FOR THE REPEAL OF CERTAIN PROVISIONS

                    UPON EXPIRATION THEREOF; TO AMEND THE EDUCATION LAW, IN RELATION TO

                    SUPPLEMENTAL PUBLIC EXCESS COST AID; TO AMEND THE EDUCATION LAW, IN

                                         126



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    RELATION TO DEFINING CONSUMER PRICE INDEX; AND TO AMEND THE EDUCATION

                    LAW, IN RELATION TO TOTAL FOUNDATION AID; TO AMEND THE EDUCATION LAW,

                    IN RELATION TO BUILDING AID; TO AMEND SECTION 11 OF PART YYY OF

                    CHAPTER 59 OF THE LAWS OF 2017, AMENDING THE EDUCATION LAW RELATING

                    TO CONTRACTS FOR EXCELLENCE AND THE APPORTIONMENT OF PUBLIC MONEYS,

                    IN RELATION TO THE RECOVERY OF FUNDS ARISING FROM A LATE FINAL COST REPORT;

                    TO AMEND THE EDUCATION LAW, IN RELATION TO FULL-DAY KINDERGARTEN AID;

                    TO AMEND THE EDUCATION LAW, IN RELATION TO ACADEMIC ENHANCEMENT

                    AID; TO AMEND THE EDUCATION LAW, IN RELATION TO HIGH TAX AID; TO AMEND

                    THE EDUCATION LAW, IN RELATION TO UNIVERSAL PRE-KINDERGARTEN AID; TO

                    AMEND THE EDUCATION LAW, IN RELATION TO THE STATEWIDE UNIVERSAL

                    FULL-DAY PRE-KINDERGARTEN PROGRAM; TO AMEND THE EDUCATION LAW, IN

                    RELATION TO STATE AID ADJUSTMENTS; TO AMEND THE EDUCATION LAW, IN

                    RELATION TO THE TEACHERS OF TOMORROW TEACHER RECRUITMENT AND

                    RETENTION PROGRAM; TO AMEND THE EDUCATION LAW, IN RELATION TO CLASS

                    SIZES FOR SPECIAL CLASSES CONTAINING CERTAIN STUDENTS WITH DISABILITIES; TO

                    AMEND CHAPTER 756 OF THE LAWS OF 1992, RELATING TO FUNDING A

                    PROGRAM FOR WORKFORCE EDUCATION CONDUCTED BY THE CONSORTIUM FOR

                    WORKER EDUCATION IN NEW YORK CITY, IN RELATION TO REIMBURSEMENTS

                    FOR THE 2018-2019 SCHOOL YEAR; TO AMEND CHAPTER 756 OF THE LAWS OF

                    1992, RELATING TO FUNDING A PROGRAM FOR WORKFORCE EDUCATION

                    CONDUCTED BY THE CONSORTIUM FOR WORKER EDUCATION IN NEW YORK

                    CITY, IN RELATION TO WITHHOLDING A PORTION OF EMPLOYMENT PREPARATION

                    EDUCATION AID AND IN RELATION TO THE EFFECTIVENESS THEREOF; TO AMEND THE

                    EDUCATION LAW, IN RELATION TO EMPLOYMENT PREPARATION EDUCATION

                                         127



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    PROGRAMS; TO AMEND CHAPTER 82 OF THE LAWS OF 1995, AMENDING THE

                    EDUCATION LAW AND CERTAIN OTHER LAWS RELATING TO STATE AID TO SCHOOL

                    DISTRICTS AND THE APPROPRIATION OF FUNDS FOR THE SUPPORT OF GOVERNMENT,

                    IN RELATION TO THE EFFECTIVENESS THEREOF; TO AMEND CHAPTER 89 OF THE

                    LAWS OF 2016, RELATING TO SUPPLEMENTARY FUNDING FOR DEDICATED

                    PROGRAMS FOR PUBLIC SCHOOL STUDENTS IN THE EAST RAMAPO CENTRAL

                    SCHOOL DISTRICT, IN RELATION TO THE EFFECTIVENESS THEREOF; TO AMEND

                    CHAPTER 147 OF THE LAWS OF 2001, AMENDING THE EDUCATION LAW

                    RELATING TO CONDITIONAL APPOINTMENT OF SCHOOL DISTRICT, CHARTER SCHOOL OR

                    BOCES EMPLOYEES, IN RELATION TO THE EFFECTIVENESS THEREOF; TO AMEND

                    CHAPTER 169 OF THE LAWS OF 1994, RELATING TO CERTAIN PROVISIONS RELATED

                    TO THE 1994-95 STATE OPERATIONS, AID TO LOCALITIES, CAPITAL PROJECTS

                    AND DEBT SERVICE BUDGETS, IN RELATION TO THE EXPIRATION OF CERTAIN

                    PROVISIONS; TO AMEND CHAPTER 425 OF THE LAWS OF 2002, AMENDING THE

                    EDUCATION LAW RELATING TO THE PROVISION OF SUPPLEMENTAL EDUCATIONAL

                    SERVICES, ATTENDANCE AT A SAFE PUBLIC SCHOOL AND THE SUSPENSION OF

                    PUPILS WHO BRING A FIREARM TO OR POSSESS A FIREARM AT A SCHOOL, IN

                    RELATION TO THE EFFECTIVENESS THEREOF; TO AMEND CHAPTER 101 OF THE

                    LAWS OF 2003, AMENDING THE EDUCATION LAW RELATING TO

                    IMPLEMENTATION OF THE NO CHILD LEFT BEHIND ACT OF 2001, IN RELATION

                    TO THE EFFECTIVENESS THEREOF; TO AMEND CHAPTER 56 OF THE LAWS OF 2014,

                    AMENDING THE EDUCATION LAW RELATING TO PROVIDING THAT STANDARDIZED

                    TEST SCORES SHALL NOT BE INCLUDED ON A STUDENT'S PERMANENT RECORD, IN

                    RELATION TO THE EXPIRATION OF CERTAIN PROVISIONS; TO AMEND THE

                    EDUCATION LAW, IN RELATION TO REQUIRING THE COMMISSIONER OF

                                         128



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    EDUCATION TO INCLUDE CERTAIN INFORMATION IN THE OFFICIAL SCORE REPORT OF

                    ALL STUDENTS; RELATING TO SCHOOL BUS DRIVER TRAINING; RELATING TO SPECIAL

                    APPORTIONMENT FOR SALARY EXPENSES AND PUBLIC PENSION ACCRUALS;

                    RELATING TO SUBALLOCATIONS OF APPROPRIATIONS; RELATING TO THE CITY SCHOOL

                    DISTRICT OF THE CITY OF ROCHESTER; RELATING TO TOTAL FOUNDATION AID FOR

                    THE PURPOSE OF THE DEVELOPMENT, MAINTENANCE OR EXPANSION OF CERTAIN

                    MAGNET SCHOOLS OR MAGNET SCHOOL PROGRAMS FOR THE 2017-2018 SCHOOL

                    YEAR; RELATING TO THE SUPPORT OF PUBLIC LIBRARIES; TO AMEND CHAPTER 121

                    OF THE LAWS OF 1996 RELATING TO AUTHORIZING THE ROOSEVELT UNION FREE

                    SCHOOL DISTRICT TO FINANCE DEFICITS BY THE ISSUANCE OF SERIAL BONDS, IN

                    RELATION TO CERTAIN APPORTIONMENTS; AND TO AMEND THE EDUCATION LAW,

                    IN RELATION TO TRANSPORTATION AID (PART CCC); TO AMEND CHAPTER 85 OF

                    THE LAWS OF 2017, RELATING TO CREATING THE LAKE ONTARIO-ST. LAWRENCE

                    SEAWAY FLOOD RECOVERY AND INTERNATIONAL JOINT COMMISSION PLAN

                    2014 MITIGATION GRANT PROGRAM, IN RELATION TO UTILIZING RESERVES IN THE

                    MORTGAGE INSURANCE FUND FOR VARIOUS HOUSING PURPOSES (PART DDD);

                    RELATING TO AN ONLINE APPLICATION SYSTEM FOR TAXPAYERS TO SUBMIT CLAIMS

                    FOR REIMBURSEMENTS OF CERTAIN PAYMENTS (PART EEE); TO AMEND THE

                    STATE FINANCE LAW, IN RELATION TO ESTABLISHING THE HEALTH CARE

                    TRANSFORMATION FUND (SUBPART A); AND TO AMEND THE PUBLIC HEALTH

                    LAW, IN RELATION TO AUTHORIZING THE COMMISSIONER OF HEALTH TO

                    REDEPLOY EXCESS RESERVES OF CERTAIN NOT-FOR-PROFIT MANAGED CARE

                    ORGANIZATIONS; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON

                    EXPIRATION THEREOF (SUBPART B) (PART FFF); TO AMEND THE LEGISLATIVE

                    LAW, IN RELATION TO EXTENDING THE EXPIRATION OF PAYMENTS TO MEMBERS

                                         129



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    OF THE ASSEMBLY SERVING IN A SPECIAL CAPACITY; AND TO AMEND CHAPTER

                    141 OF THE LAWS OF 1994, AMENDING THE LEGISLATIVE LAW AND THE STATE

                    FINANCE LAW RELATING TO THE OPERATION AND ADMINISTRATION OF THE

                    LEGISLATURE, IN RELATION TO EXTENDING SUCH PROVISIONS (PART GGG);

                    ESTABLISHING A COMPENSATION COMMITTEE TO DETERMINE THE APPROPRIATE

                    SALARIES FOR MEMBERS OF THE LEGISLATURE AND CERTAIN OTHER STATE

                    OFFICIALS; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON THE

                    EXPIRATION THEREOF (PART HHH); TO AMEND CHAPTER 59 OF THE LAWS OF

                    2014, AMENDING THE TAX LAW RELATING TO A MUSICAL AND THEATRICAL

                    PRODUCTION CREDIT, IN RELATION TO EXTENDING THE PROVISIONS THEREOF (PART

                    III); ESTABLISHING THE "DEMOCRACY PROTECTION ACT"; AND TO AMEND THE

                    ELECTION LAW, IN RELATION TO THE DISCLOSURE OF THE IDENTITIES OF POLITICAL

                    COMMITTEES, PERSONS, ORGANIZATIONS, OR AGENTS MAKING CERTAIN

                    EXPENDITURES FOR POLITICAL COMMUNICATIONS (PART JJJ); IN RELATION TO

                    ESTABLISHING THE NEW YORK CITY RIKERS ISLAND JAIL COMPLEX

                    REPLACEMENT ACT; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS

                    UPON EXPIRATION THEREOF (PART KKK); IN RELATION TO ESTABLISHING THE

                    "NEW YORK CITY HOUSING AUTHORITY MODERNIZATION INVESTMENT ACT";

                    AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION

                    THEREOF (PART LLL); TO ENACT THE NEW YORK PENN STATION

                    REDEVELOPMENT ACT (PART MMM); TO AMEND THE TAX LAW, IN RELATION

                    TO TRANSPORTATION SERVICES; TO AMEND THE PUBLIC AUTHORITIES LAW, IN

                    RELATION TO ESTABLISHING THE NEW YORK CITY TRANSPORTATION ASSISTANCE

                    FUND AND THE SUPPLEMENTAL REVENUE TRANSPARENCY PROGRAM; TO AMEND

                    THE VEHICLE AND TRAFFIC LAW, IN RELATION TO THE INSTALLATION OF MOBILE

                                         130



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    BUS LANE PHOTO DEVICES ON BUSES OPERATING ON CERTAIN RAPID TRANSIT

                    ROUTES IN THE BOROUGH OF MANHATTAN AND THE DISPOSITION OF REVENUE

                    FROM FINES AND PENALTIES COLLECTED FROM THE USE OF SUCH STATIONARY BUS

                    LANE PHOTO DEVICES; TO ESTABLISH THE METROPOLITAN TRANSPORTATION

                    SUSTAINABILITY ADVISORY WORKGROUP; AND PROVIDING FOR THE REPEAL OF

                    CERTAIN PROVISIONS UPON EXPIRATION THEREOF (PART NNN); TO AMEND

                    CHAPTER 261 OF THE LAWS OF 1988, AMENDING THE STATE FINANCE LAW

                    AND OTHER LAWS RELATING TO THE NEW YORK STATE INFRASTRUCTURE TRUST

                    FUND, IN RELATION TO THE MINORITY AND WOMEN-OWNED BUSINESS

                    ENTERPRISE PROGRAM (PART OOO); ESTABLISHING THE "NEW YORK CITY

                    HOUSING AUTHORITY EMERGENCY MANAGEMENT ACT"; AND TO AMEND THE

                    PUBLIC HOUSING LAW, IN RELATION TO THE DEVELOPMENT AND EXECUTION OF

                    A PLAN TO REMEDIATE CONDITIONS AFFECTING THE HEALTH AND SAFETY OF

                    TENANTS OF THE NEW YORK CITY HOUSING AUTHORITY (PART PPP); IN

                    RELATION TO ESTABLISHING THE "NEW YORK CITY BQE DESIGN-BUILD ACT",

                    AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION

                    THEREOF (PART QQQ); TO AMEND THE CIVIL SERVICE LAW, THE GENERAL

                    MUNICIPAL LAW AND THE STATE FINANCE LAW, IN RELATION TO UNION DUES

                    AND THE DUTY OF FAIR REPRESENTATION (PART RRR); TO AMEND THE

                    EDUCATION LAW, IN RELATION TO SUBSTANTIAL EQUIVALENCE FOR NONPUBLIC

                    ELEMENTARY AND SECONDARY SCHOOLS (PART SSS); INTENTIONALLY OMITTED

                    (PART TTT); AND TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO THE

                    HEALTH CARE FACILITY TRANSFORMATION PROGRAM (PART UUU).

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MS.

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

                                         131



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    ADVANCED.  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. OAKS.

                                 MR. OAKS:  YES.  IF THE CHAIR WOULD PLEASE YIELD FOR

                    SOME QUESTIONS.

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN, WILL

                    YOU YIELD?

                                 MS. WEINSTEIN:  YES.

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN

                    YIELDS.

                                 MR. OAKS:   I SEE THAT IN -- IN THE BUDGET THAT THE

                    PAYROLL AND CHARITABLE CONTRIBUTION PROPOSALS THAT THE GOVERNOR HAD

                    MADE EARLIER HAVE SURVIVED, THEY'RE NOW A PART OF THE BUDGET.  DO WE

                    HAVE CONFIDENCE AND/OR DO WE HAVE A RULING DIRECTLY FROM THE IRS TO

                    GIVE US -- TO GIVE US THE CONFIDENCE THAT -- THAT THIS IS GOING TO WORK

                    WITHIN THE -- THE IRS' REGULATIONS AND THAT THEY'LL ACCEPT THIS FOR NEW

                    YORK GOING FORWARD?

                                 MS. WEINSTEIN:  WE DO NOT HAVE A RULING FROM THE

                    IRS, BUT WE HAVE CONSULTED WITH MANY TAX EXPERTS, INCLUDING OUR -- THE

                    EXPERTS AT THE STATE TAX DEPARTMENT, OUR OWN STAFF AND VARIOUS LAW

                    PROFESSORS, AND WE FEEL THAT THIS IS WITHIN THE CURRENT PARAMETERS OF

                    WHAT'S ALLOWED FOR CHARITABLE DEDUCTIONS IN OTHER INSTANCES.

                                 MR. OAKS:  WELL, ONE OF THE THINGS THAT I NOTICED IS

                                         132



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    THAT THE -- THE EMPLOYER, IF THEY OPT IN, WILL NOT BE ABLE -- THEY'LL HAVE

                    TO PAY A PAYROLL TAX, SO THAT WILL INCREASE THEIR EXPENSES.  BUT THEY

                    DON'T HAVE THE -- THE ABILITY TO REDUCE ANY OF THEIR EMPLOYEES' SALARIES.

                                 MS. WEINSTEIN:  BUT THE -- THE REDUCTION THAT THE --

                    THE PAYROLL TAX THAT THE EMPLOYER PAYS IS A DEDUCTIBLE TAX ON -- ON THEIR

                    PART.

                                 MR. OAKS:  IS IT -- DOES IT SERVE AS A CREDIT, THEN,

                    THAT THE -- THAT THE EMPLOYER THEN WILL NOT SEE ANY REDUCTION IN -- IN

                    WHAT THEY'D BE PAYING?

                                 MS. WEINSTEIN:   SO, YOU -- YOU -- YOU CAN REDUCE

                    THE SALARY, BUT NOT TAKE IT OUT OF THE WITHHOLDING.

                                 MR. OAKS:  OKAY.  I GUESS I UNDERSTAND THAT.

                                 MS. WEINSTEIN:  IN THE LIGHT OF DAY, WE'LL DISCUSS IT

                    FURTHER.  IT'LL BE CLEARER.

                                 MR. OAKS:  WE -- WE -- WE CAN.  I -- I GUESS MY

                    SENSE WITH IT IS, WHAT IS THE ENCOURAGEMENT OR THE INCENTIVE TO THE

                    EMPLOYER TO OPT IN IF, YOU -- YOU KNOW, THAT THEY'RE BEING RESTRICTED BY

                    THAT?

                                 MS. WEINSTEIN:  IN MANY INSTANCES IT'S TO HELP THE

                    EMPLOYERS WHO ARE -- THE EMPLOY -- TO BE ABLE TO RETAIN THE EMPLOYEES

                    WHO ARE, AS NEW YORKERS, WILL BE HIT WITH THE INCOME TAX -- WITHOUT

                    THIS, WOULD BE HIT WITH INCOME TAXES THAT WOULD NOT BE OTHERWISE

                    DEDUCTIBLE.

                                 MR. OAKS:  ONE -- ONE OF THE OTHER THINGS, JUST

                    MOVING TO SMALL BUSINESS TAX CUTS.  I KNOW THERE WERE A NUMBER OF

                                         133



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    PROVISIONS THAT WERE SUGGESTED.  DID ANYTHING SURVIVE IN THE SMALL

                    BUSINESS TAX CUT AREA TO BENEFIT THEM?

                                 MS. WEINSTEIN:  NO.

                                 MR. OAKS:  MOVING TO THE MEDICAID FUNDING.  I

                    KNOW THAT ONE OF THE PROVISIONS IF WE END UP LOSING DOLLARS BEYOND, I

                    BELIEVE, $850 MILLION, THAT IS WHAT WE'RE ANTICIPATING, IT WOULD GIVE

                    SOME AUTHORITY TO THE DIRECTOR OF THE DIVISION OF THE BUDGET TO MAKE

                    CUTS.  ARE THERE -- DOES THE SOLE RESPONSIBILITY GO TO THE DIRECTOR OF THE

                    DIVISION OF THE BUDGET OF WHERE THOSE CUTS ARE MADE AND HOW DEEP

                    THEY CAN BE?

                                 MS. WEINSTEIN:  SO, THE DOB WOULD MAKE THOSE

                    ADJUSTMENTS, THOSE CUTS FIRST, AND THEN THE LEGISLATURE HAS 90 DAYS IN

                    WHICH TO RESPOND IF WE -- TO READJUST THE BUDGET.

                                 MR. OAKS:  SO WE COULD MAKE RECOMMENDATIONS TO

                    ADJUST --

                                 MS. WEINSTEIN:  WE CAN ENACT AN ADJUSTMENT -- AN

                    ADJUSTMENT TO THAT.

                                 MR. OAKS:  ONE OF THE THINGS -- THERE'S THE HEALTH --

                    HEALTH TRANSFORMATION ACCOUNT, WITH AN EXPECTATION THAT SOME OF THE

                    RESOURCES WOULD GO TO THAT FROM THE POSSIBLE SALE OF SOME NOT-

                    FOR-PROFIT TO PRIVATE HEALTHCARE ENTITIES.  SO, WITH THE HEALTH CARE

                    CONVERSIONS, DO WE HAVE CONFIDENCE THAT NOW WITH THE WAY THAT WE'VE

                    WORDED IT IN THIS BUDGET THAT WE'RE GOING TO ANTICIPATE THOSE TYPES OF

                    TRANSFORMATIONS OR -- OR CHANGES GOING FORWARD?

                                 MS. WEINSTEIN:  WE DO.

                                         134



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                                 MR. OAKS:  THE FINANCIAL PLAN, I THINK, SUGGESTS

                    WE'RE GOING TO GET $500 MILLION FROM THAT.  WHAT DO WE DO -- IF WE

                    DON'T SEE IN THE YEAR '18-'19, HOW DO WE MAKE THE FINANCIAL PLAN WORK

                    IF WE DON'T SEE THAT MONEY COME TO US?

                                 MS. WEINSTEIN:  WELL, IT'S ANTICIPATED THAT WE --

                    WE DO ANTICIPATE $750 MILLION OVER -- PER YEAR FOR FOUR YEARS WITH

                    $500- GOING TOWARDS THE -- THE FINANCIAL PLAN.

                                 MR. OAKS:  BUT IF THE CONVERSION DOESN'T HAPPEN, IS

                    THERE ANY SUCH PROVISION LIKE WE DO IF THE FEDERAL DOLLARS DON'T COME

                    IN, THEN WE'RE -- WE'RE GIVING THE DIVISION OF THE BUDGET AUTHORITY TO

                    MOVE AHEAD OR...

                                 MS. WEINSTEIN:  IF THIS DOESN'T HAPPEN, WE DO

                    HAVE A CONTINGENCY PLAN OF RECOUPING EXCESS RESERVES.

                                 MR. OAKS:  LET ME JUMP TO ANOTHER.  ANYTHING IN

                    THIS BUDGET THAT DEALS WITH SCHOOL SAFETY, SCHOOL RESOURCE OFFICER

                    FUNDING?  I KNOW THOSE WERE SOME PROPOSALS.

                                 MS. WEINSTEIN:   NO, NO.

                                 MR. OAKS:  WELL, ONE OF THE THINGS I DID FIND IS

                    PEOPLE WHO -- SENIORS WHO SIGN UP FOR THE ENHANCED STAR EXEMPTION

                    ARE GOING TO HAVE TO GO THROUGH A DIFFERENT VERIFICATION PROCESS.  AND I

                    GUESS A COUPLE THINGS:  ONE, WE'RE TAKING THAT AWAY NOW ON THE LOCAL

                    CONTROL AND THERE'S GOING TO BE A STATE PROCESS.  RATIONALE BEHIND THAT

                    TAKING AWAY THE LOCAL CONTROL ON THAT DETERMINATION?

                                 MS. WEINSTEIN:   WE THINK THAT THE STATE CAN DO A

                    BETTER JOB VERIFYING THE INCOME.  AND I THINK THERE'S $35 MILLION IN

                                         135



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    SAVINGS ATTACHED TO -- TO THAT.

                                 MR. OAKS:  AND HOW MUCH OF IT -- SO WE'RE THINKING

                    THAT $35 MILLION IS GOING TO BE SAVED BECAUSE WE HAVE A WHOLE BUNCH

                    OF PEOPLE WHO SHOULDN'T BE GETTING THE ENHANCED WHO THE DEBT

                    VERIFICATION WILL DO.  IS ALL OF THE $35 MILLION IN SAVINGS COMING FROM

                    INDIVIDUALS WHO ARE NOW GETTING IT, OR ARE WE GETTING IT FROM

                    SOMEWHERE ELSE?

                                 MS. WEINSTEIN:  WE -- WE THINK THAT ABOUT 8

                    PERCENT OF THE PEOPLE WHO ARE CURRENTLY CLAIMING THE ENHANCED STAR

                    DEDUCTION SHOULD NOT BE, THAT OFTEN THE INCOME IS TOO HIGH.  SO THAT'S

                    HOW WE GET TO THAT $35 MILLION.

                                 MR. OAKS:  THANK YOU.  AND, FINALLY, THE GOVERNOR

                    PROPOSED SEVERAL CHANGES TO THE MWBE PROGRAM, INCLUDING MAKING

                    LOCAL GOVERNMENTS SUBJECT TO THOSE QUOTAS.  DID THAT GO THROUGH IN THIS

                    FINAL BILL THAT WE'RE LOOKING AT?

                                 MS. WEINSTEIN:  IN -- IN THIS BILL WE HAVE A

                    STRAIGHT -- JUST A STRAIGHT EXTENDER.

                                 MR. OAKS:  WITH THE WAY THAT IT IS.

                                 MS. WEINSTEIN:  THE WAY THAT IT CURRENTLY IS.  IT'S

                    OUR INTENTION, SUBSEQUENT TO THE BUDGET, TO -- TO LOOK AT THIS ISSUE,

                    CONTINUE WORKING AND TRY TO PASS SOME LEGISLATION TO ENHANCE THE

                    PROGRAM AND HAVE BE -- BE ABLE TO HAVE MORE PEOPLE QUALIFY.

                                 MR. OAKS:  THANK YOU VERY MUCH.

                                 ACTING SPEAKER AUBRY:  MR. RA.

                                 MR. RA:  WILL THE CHAIR -- THANK YOU, MR. SPEAKER.

                                         136



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    WILL THE CHAIR YIELD FOR ONE QUICK QUESTION?

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN, WILL

                    YOU YIELD?

                                 MS. WEINSTEIN:  YES.

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN

                    YIELDS.

                                 MR. RA:   ON THESE, YOU KNOW, CHANGES WITH REGARD

                    TO THESE CHARITABLE FUNDS, THE PAYROLL TAX, ALL THESE DIFFERENT THINGS, ARE

                    WE PROVIDING FUNDING ANYWHERE IN THIS BUDGET, ADDITIONAL FUNDING FOR

                    THE DEPARTMENT OF TAX AND FINANCE?  I WOULD ASSUME THERE'S GOING TO

                    BE AN ADDED BURDEN ON THEM TO ADMINISTER ALL OF THESE PROGRAMS.

                                 MS. WEINSTEIN:  NO.  THERE IS NOT FUNDING, AND

                    THEY DID NOT REQUEST FUNDING.

                                 MR. RA:  OKAY.  THANK YOU.

                                 ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. RA:  JUST -- JUST QUICKLY.  AND -- AND I'M SURE

                    I'M NOT THE ONLY ONE IN THIS ROOM THAT THIS IS THE CASE FOR.  I STILL HAVE

                    CONSTITUENTS WHO HAVEN'T GOTTEN PROPERTY TAX REBATE CHECKS FROM TWO

                    YEARS AGO.  SO, I THINK THIS IS A LOT THAT IS GOING TO BE PUT ON TO THEM,

                    AND IF WE'RE NOT PROVIDING THE RESOURCES TO MAKE SURE THAT THIS CAN BE

                    IMPLEMENTED PROPERLY, THIS IS SOMETHING THAT COULD CAUSE A LOT OF

                    PROBLEMS FOR MANY OF OUR CONSTITUENTS.  SO JUST SOMETHING THAT I THINK

                    WE NEED TO KEEP IN MIND.  SOME OF THESE ARE OBVIOUSLY SUBSTANTIAL

                    CHANGES THAT WILL HAVE A TREMENDOUS IMPACT ON THE WAY SOME OF OUR

                                         137



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    LOCAL GOVERNMENTS OPERATE, AND -- AND CERTAINLY, HOW BUSINESSES

                    OPERATE WITH REGARD TO OUR STATE AND THEIR TAX STRUCTURES, AS WELL AS

                    INDIVIDUALS.  SO WE BETTER REALLY BE PREPARED TO KEEP THAT IN MIND AS

                    WE MOVE FORWARD WITH THIS.

                                 THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. GOTTFRIED.

                                 MR. GOTTFRIED:  YES, MR. SPEAKER.  I WANT TO

                    SPEAK PARTICULARLY ABOUT THE SECTION OF THE BILL -- I THINK IT'S PART MMM

                    -- DEALING WITH THE REDEVELOPMENT OF PENN STATION.  THE LANGUAGE SAYS

                    -- TALKS ABOUT THE NEED TO REDEVELOP PENNSYLVANIA STATION, WHICH

                    HAPPENS TO BE IN MY DISTRICT, AND IT CERTAINLY DOES NEED AN ENORMOUS

                    AMOUNT OF WORK.  BUT, THIS LEGISLATION HAS -- IS ONLY SEVERAL HOURS OLD.

                    UNTIL THIS BILL WAS -- SHOWED UP IN THE COMPUTER SYSTEM, MEMBERS OF

                    THE GENERAL PUBLIC COULD NOT HAVE READ A WORD OF IT.  A PROJECT OF THIS

                    IMPORTANCE SHOULD NOT BE LEGISLATED ABOUT WITH ZERO PUBLIC REVIEW AND

                    ZERO PUBLIC DISCUSSION AND COMMENT, WHETHER THE LEGISLATION IS

                    SWEEPING OR NOT.  AND IT ALSO SHOULD BE DONE -- WHEN YOU'VE GOT A

                    PROJECT THIS IMPORTANT IN THE MIDDLE OF A MAJOR CITY -- IN THIS CASE, THE

                    CITY OF NEW YORK -- IT OUGHT TO BE UNDERTAKEN NOT WITH A LITTLE BIT OF

                    CONSULTATION WITH THE LOCAL ELECTED GOVERNMENT, BUT IT OUGHT TO BE DONE

                    IN FULL PARTNERSHIP WITH THE LOCAL ELECTED GOVERNMENT.  IT'S AN ISSUE

                    THAT'S GOING TO HAVE A LOT TO DO WITH -- WITH TRAFFIC PATTERNS, PEDESTRIAN

                    PATTERNS AND WHATNOT IN THE PENN STATION AREA.  THAT OUGHT TO BE DONE

                    IN CLOSE HARMONY AND PLANNING WITH THE -- WITH NEW YORK CITY.  THIS

                                         138



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    LEGISLATION TALKS ABOUT IT BEING ENTIRELY A STATE PROJECT, WITH TALKING TO

                    NEW YORK CITY, SORT OF, AND THE COMMUNITY AS AN AFTERTHOUGHT.  AND

                    THAT'S JUST WRONG.  THERE IS REAL CONCERN THAT WHAT THE GOVERNOR HAS IN

                    MIND IS USING THE EMPIRE STATE DEVELOPMENT CORPORATION --

                    TECHNICALLY CALLED UDC -- TO DO A LOT MORE THAN JUST RECONFIGURING THE

                    INSIDE OF THE STATION AND ADDING SOME ENTRANCES AND EXITS, BUT RATHER,

                    THAT HE CONTEMPLATES USING THIS AS AN -- AS AN EXCUSE TO DO MASSIVE REAL

                    ESTATE DEVELOPMENT IN THE AREA.  AND, AGAIN, THAT'S NOT RIGHT.  IT'S

                    CERTAINLY NOT RIGHT TO DO IT THROUGH LEGISLATION THAT NOBODY HAS EVER

                    SEEN.  THE GOVERNOR TALKS ABOUT WANTING, ESSENTIALLY, TO GIVE HIS

                    MESSAGE ABOUT PENN STATION AN EXTRA BOOST OF HAVING BEEN ENDORSED

                    BY THE LEGISLATURE.  I THINK IT'S IMPORTANT TO MAKE CLEAR ON THE RECORD

                    THAT THE FACT THAT THIS BILL HAS -- HAS PASSED THE SENATE AND IS ABOUT TO

                    PASS THE ASSEMBLY DOES NOT MEAN THAT THE LEGISLATURE IS ENDORSING THE

                    PENN STATION LANGUAGE.  THAT LANGUAGE WAS REJECTED BY THE LEADERSHIP

                    OF THE ASSEMBLY.  THE GOVERNOR DECIDED, ALONG WITH A COUPLE OF OTHER

                    PROVISIONS, I GATHER, TO FORCE THIS LANGUAGE INTO THIS BILL, KNOWING THAT

                    THE LEGISLATURE HAD NO CHOICE. YOU KNOW, IT WAS GIVEN TO US ON A TAKE-

                    IT-OR-LEAVE-IT BASIS, AND HE KNEW THAT WE HAD NO CHOICE BUT TO PASS THE

                    BILL.  SO, IT DOESN'T EVEN CONSTITUTE THE KIND OF LEGISLATIVE ENDORSEMENT

                    THAT HE SEEMS TO BE LOOKING FOR.  IT'S WRONG.

                                 NOW, NOT TO KEEP ANYBODY IN SUSPENSE.  I DON'T PLAN

                    TO VOTE NO ON THE OVERALL BILL.  I PLAN TO VOTE YES, SIMPLY BECAUSE IT'S A

                    BILL THAT DOES A WHOLE A LOT MORE THAN PENN STATION, AND I'M NOT ABOUT

                    TO VOTE AGAINST ALL THE THINGS THAT ARE IN THIS BILL.  BUT I DO WANT TO

                                         139



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    MAKE IT VERY CLEAR THAT THIS PARTICULAR SECTION OF THE BILL IS UTTERLY

                    WRONG.  IT'S WRONG ON PROCESS AS TO HOW IT GOT BEFORE US, WRONG IN

                    TERMS OF WHAT IT WOULD DO IN TERMS OF HOW THE PROJECT WOULD BE

                    PLANNED.  I THINK IT IS -- HAS BEEN ACCURATELY DESCRIBED AS A -- AS A

                    POWER GRAB IN ONE OF THE MOST VALUABLE REAL ESTATE AREAS ON THE PLANET

                    AND DOESN'T REALLY BELONG IN THIS LEGISLATION.

                                 THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. GOODELL.

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

                    HAD JUST ONE QUESTION FOR THE SPONSOR, IF SHE WOULD YIELD.

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN, WILL

                    YOU YIELD?

                                 MS. WEINSTEIN:  YES.  I'D BE HAPPY TO.

                                 ACTING SPEAKER AUBRY:   SHE -- MS.

                    WEINSTEIN YIELDS.

                                 MR. GOODELL:  AND I APOLOGIZE, THE QUESTION IS

                    JUST A LITTLE BIT LONG.  AS YOU KNOW, THIS BILL CONTAINS A PROVISION TO

                    ESTABLISH A LEGISLATIVE COMPENSATION COMMITTEE, AND PURSUANT TO THIS

                    LEGISLATION, FIVE HAND-PICKED INDIVIDUALS ARE CHARGED WITH COMING UP

                    WITH A RECOMMENDATION FOR SALARIES.  AND THEIR RECOMMENDATIONS

                    WOULD BECOME AUTOMATICALLY VALID, AND IT SAYS WITH THE FORCE AND

                    EFFECT OF LAW, AND EVEN SUPERSEDING ANY INCONSISTENT PROVISIONS OF LAW

                    UNLESS THE LEGISLATURE MET AND DID SOMETHING CONTRARY.  AND MY

                    CONCERN IS THAT SECTION -- ARTICLE 3, SECTION 6 OF OUR STATE CONSTITUTION

                    SAYS THAT THE COMPENSATION OF THE LEGISLATURE SHALL BE QUOTE, "SET BY

                                         140



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    LAW."  ARTICLE 3, SECTION 13 SAYS,  "NO LAW SHALL BE ENACTED EXCEPT BY

                    A BILL."  ARTICLE 4, SECTION 7 STATES THAT THE -- I FORGET WHAT IT -- WHAT IT

                    IS.  I -- I THINK IT'S THE GOVERNOR -- YES, THE GOVERNOR HAS THE RIGHT TO

                    VETO ANY LAW.  AND ARTICLE 3, SECTION 1 IS VERY CLEAR THAT ALL OF THE

                    LEGISLATIVE POWER RESTS WITH THE LEGISLATURE.  I THINK THE COURT CASES

                    HAVE MADE IT ABSOLUTELY CLEAR THAT THIS LEGISLATURE, OR ANY LEGISLATURE,

                    CANNOT DELEGATE TO UNELECTED INDIVIDUALS THE POWER TO MAKE LAW.  MOST

                    ASSUREDLY, THE POWER TO HAVE A DETERMINATION SUPERSEDE LAWS THAT

                    WE'VE ENACTED, AND CERTAINLY, NOT THE ABILITY TO PASS A LAW OR A

                    RECOMMENDATION THAT HAS THE POWER OF LAW THAT'S IMMUNE FROM

                    EXECUTIVE REVIEW.  WITH THOSE FACTS IN MIND, ISN'T IT TRUE THAT THIS

                    COMPENSATION COMMITTEE VIOLATES MULTIPLE SECTIONS OF THE NEW YORK

                    STATE CONSTITUTION?

                                 MS. WEINSTEIN:  WELL, IT'S TRUE IT'S A LONG QUESTION,

                    AND -- AND MY ANSWER WILL BE A LOT SHORTER.  NO.

                                 (LAUGHTER)

                                 MR. GOODELL:  THANK YOU FOR THAT DIRECT ANSWER.

                                 ACTING SPEAKER AUBRY:  MR. BARRON.

                                 MR. BARRON:  GOOD MORNING!

                                 MEMBERS:  GOOD MORNING.

                                 MR. BARRON:  HOW ARE YOU?  THERE'S NO SECRET.

                    YOU ALL KNOW I FEEL THAT WE LIVE UNDER A VERY RACIST, MISOGYNISTIC,

                    XENOPHOBIC, PARACYTIC, CAPITALIST SYSTEM.  AND IT PRODUCES IN OUR

                    NEIGHBORHOODS, OUR BLACK AND BROWN NEIGHBORHOODS, HIGH POVERTY,

                    SPIRALING UNEMPLOYMENT, HOMELESSNESS, CRIME.  SO, OUR COMMUNITIES

                                         141



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    COUNT ON THIS BODY TO HAVE SOME HOPE TO GET OUT OF THAT.  AND THIS BILL

                    DOESN'T DO THAT.  JUST LOOK WHAT IT LEAVES OUT.  IT LEAVES OUT BAIL REFORM.

                    SO DID SOME OF THE PRIOR BILLS.  IT'S OUT.  BECAUSE IN OUR COMMUNITIES,

                    BECAUSE OF THE MASS INCARCERATION, WE NEEDED BAIL REFORM.  THAT'S NOT A

                    PART OF ANY OF THE BILLS.  THE DREAM ACT IS OUT.  THE CHILD VICTIM

                    (SIC) ACT IS OUT.  WHEN WE LOOK AT HOW MUCH IS LEFT OUT, AND THEN WHEN

                    WE LOOK AT WHAT'S PUT IN -- THE YESHIVA SCHOOLS WAS A BIG ISSUE THAT

                    HELD UP ALL OF THIS.  THEY SHOULD BE HELD TO THE SAME STANDARD AS EVERY

                    OTHER PRIVATE SCHOOL THAT'S GETTING MONEY FROM THE STATE, NO MATTER

                    WHAT ONE SENATOR SAYS.  WE SHOULD STAND STRONG ON THOSE THINGS.  SO

                    WHEN I LOOKED AT THIS AND I SAID, WOW, THEY EVEN HAVE SOMETHING IN IT

                    THAT ALLOWS THE GOVERNOR TO SAY THAT THE LOCAL SCHOOLS HAVE TO REPORT

                    TO SED AND DOB ON THEIR BUDGETS, AND IF HE DOESN'T APPROVE OF THEM,

                    THEN MONEY CAN BE HELD UP.  THAT'S IN THIS.  AND MOST EGREGIOUS IS THE

                    CAMPAIGN FOR FISCAL EQUITY.  THE GOVERNOR SHOULD STOP LYING TO THIS

                    STATE AND TELLING THE PEOPLE THAT IT WAS ALREADY PAID, OR THAT IT'S

                    "BALONEY," IN HIS WORDS.  THE CAMPAIGN FOR FISCAL EQUITY HAS NOT BEEN

                    PAID.  THAT DEBT WAS $6 BILLION.  IT'S NOW $4.3 BILLION.  AND IN THIS BILL,

                    THE GOVERNOR PROPOSES $339 MILLION TOWARD IT, AND WE BRING IT UP TO

                    $618 MILLION.  AND THEN OUT OF THAT, $50 MILLION HAS TO BE TAKEN OUT FOR

                    COMMUNITY SCHOOLS.  WE WILL NEVER ALLEVIATE THE DEBT THAT'S OWED TO

                    THE CHILDREN OF THE STATE.  AND WE HAVE TO STAND FIRM ON THAT.  WE'RE

                    TALKING ABOUT A BUDGET THAT'S SUPPOSED TO BE FOR OUR PEOPLE.  THIS FALLS

                    SHORT, IT FALLS SHORT IN SO MANY AREAS.  I CANNOT VOTE FOR SOMETHING THAT

                    LEAVES SO MUCH OUT AND HAS SO MUCH IN THAT IS WOEFULLY INADEQUATE,

                                         142



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    ESPECIALLY AROUND THE ISSUE OF EDUCATION.

                                 SO I JUST WANT TO APPEAL TO YOU ONCE AGAIN THAT WHEN

                    WE GET TO THE POSITION THAT WE'RE IN NOW, NO MATTER WHAT TIME IT IS, WE

                    HAVE TO FIGHT HARD FOR THE CHILDREN WHO HAVE NO VOICE.  AND THIS

                    EDUCATION BUDGET DOESN'T DO IT.  WE RAISED IT.  WE SAID IT WAS GOING TO

                    BE A BILLION.  NOW IT'S $859 MILLION, WHEN THE STATE BOARD OF REGENTS

                    SAID WE NEED $1.6 BILLION JUST TO PAY THE BILLS.  BUT WE'RE TALKING ABOUT

                    $859 MILLION, $618 MILLION TOWARD CAMPAIGN FOR FISCAL EQUITY, A DEBT

                    STILL OWED.  WE HAVE TO DO BETTER.  AND THIS WOULD'VE BEEN THE BEST

                    TIME TO DO IT, BECAUSE THE GOVERNOR'S RUNNING.  HE WOULD'VE BLINKED

                    THIS TIME IF WE WOULD'VE PUSHED IT FURTHER.

                                 SO I'M NOT GOING TO VOTE FOR THIS.  THERE'S SO MUCH IN

                    IT THAT I OPPOSE.  AND I KNOW THE HOUR'S LATE, SO I WON'T DRAG YOU

                    THROUGH ALL OF IT, ONLY TO SAY THAT THIS BUDGET IS NOT CHILDREN-FRIENDLY.

                    SO I TAKE A STAND FOR THE CHILDREN OF THIS STATE.  THEY DESERVE BETTER.

                    I'LL BE VOTING NO.

                                 ACTING SPEAKER AUBRY:  MR. BLAKE.

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

                    COLLEAGUES.  AND -- AND FIRST I WANT TO THANK THE SPEAKER AND THE

                    LEADERSHIP, AND ESPECIALLY THANK THE STAFF FOR THEIR -- THEIR HOURS OF

                    HARD WORK ON TONIGHT, AND OUR CONSTITUENTS THAT ALLOW US TO BE HERE.

                    MR. SPEAKER, I -- I ARRIVE FROM THE DISTRICT THAT HAS THE SECOND-LARGEST

                    CONCENTRATION OF RESIDENTS THAT LIVE IN PUBLIC HOUSING.  I ARRIVE FROM

                    THE DISTRICT THAT TESTED POSITIVE FOR LEAD JUST THIS PAST WEEK.  A -- A

                    COMMUNITY, THOUGH, THAT IS STILL POSITIVE IN SPIRIT WHERE WE WERE ABLE

                                         143



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    TO GIVE 961 TURKEYS DURING THANKSGIVING REGARDLESS OF THE POVERTY THAT

                    EXISTS.  A -- A COMMUNITY THAT LIKE SO MANY OTHERS, MR. SPEAKER,

                    WHERE LET US NOT FORGET THAT MORE THAN 400,000 PEOPLE LIVE IN PUBLIC

                    HOUSING IN NEW YORK RIGHT NOW.  BUT AS A PERSON OF CHRISTIAN FAITH, I

                    ALSO ARRIVE RIGHT NOW REALIZING THAT I DO BELIEVE THAT ON A SATURDAY

                    MORNING 2,000 YEARS AGO, A PROPHECY WAS FULFILLED RECOGNIZING THAT

                    DESPITE THE TOUGH TIMES THAT COME BEFORE, BETTER TIMES ARE POSSIBLE.

                                 COLLEAGUES, YOU MAY NOT KNOW THE NAME JEFFREY

                    BLYTHER, BUT LET ME VERY BRIEFLY CONVEY WHO HE IS.  HE'S 42 YEARS OLD.

                    HE'S IN A WHEELCHAIR.  WITH HIS SON AND HIS DAUGHTER AND 14 MONTH-OLD

                    GRANDSON, HE LIVES IN THE ANDREW JACKSON HOUSES IN OUR DISTRICT,

                    WHERE THERE ARE ROACHES AND MOLD AND INHUMANE CONDITIONS.  IT IS

                    UNCONSCIONABLE THAT ANY PERSON WOULD LIVE IN THIS SPACE AT ANY TIME.

                    AND WHEN WE THINK ABOUT GOING BACK TO 1934 WHEN PUBLIC HOUSING

                    WAS CREATED IN NEW YORK CITY, THIS IS NOT A SPACE THAT ANYONE SHOULD

                    EVER BE IN.  TOO OFTEN, IT FEELS LIKE PEOPLE ARE LIVING IN THIRD WORLD

                    CONDITIONS RATHER THAN WHAT PEOPLE LIVE IN ON THIRD AVENUE.  BUT I WILL

                    BE VOTING FOR THIS BUDGET BECAUSE, FINALLY, WE'RE ACTUALLY MOVING

                    FORWARD IN A MANNER THAT IS IMPACTING COMMUNITIES AND RECOGNIZING

                    HOW IT IS CRITICAL RIGHT NOW.  THIS IS FOR DANNY BARBER AND GINNY CRUZ

                    AND BARBARA HOLMES AND GWEN PRIMESS AND THE COUNTLESS TENANT

                    ASSOCIATION PRESIDENTS THAT HAVE COME BEFORE TO TALK TO MANY OF OUR

                    COLLEAGUES, WHO HAVE BEEN SICK AND TIRED, LITERALLY, OF BEING SICK AND

                    TIRED.  WE'RE NOT HAPPY WITH A WARM BLANKET.  WE DESERVE WORKING

                    BOILERS.  WE WANT A QUALITY OF LIFE, NOT A QUANTITY OF LEAD.  WE DON'T

                                         144



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    WANT ANYMORE MOLD, WE JUST WANT THE MONEY SO WE CAN ACTUALLY HAVE

                    ELEVATORS THAT WORK, ONCE AND FOR ALL.  AND WE CLEARLY SAY THAT YOUR

                    BLOCK WON'T BLOCK YOUR BLESSING AND YOUR ZIP CODE WON'T DENY YOUR

                    DESTINY.  SO WE COME HERE RIGHT NOW, RECOGNIZING THAT IN THE 50TH

                    ANNIVERSARY OF DR. KING BEING TAKEN FROM US, LET US FOCUS ON TWO

                    QUOTES THAT HE SHARED THAT HOPEFULLY WILL RESONATE WITH US ON WHY A

                    BUDGET IS SO CRITICAL.

                                 ON MARCH 24TH IN HARLEM IN CANAAN BAPTIST CHURCH

                    WHEN HE WAS AT THE INSTALLATION CEREMONY, COLLEAGUES OF OUR FELLOW

                    BROTHER AND ALPHA PHI ALPHA REVEREND WYATT TEE WALKER, HE SAID, "I

                    WON'T WANT TO SAY DON'T GIVE UP.  IT MAY BE DARK AND THINGS MAY BE

                    DIFFICULT, STORMS MAY BE STAGGERING YOU.  JOSTLING WINDS OF CONFUSION

                    MAY BE AROUND YOU, BUT DON'T GIVE UP.  DON'T GIVE UP.  MIDNIGHT IS NOT

                    HERE TO STAY."

                                 WE RECOGNIZE AS PEOPLE OF COLOR, WE ARE GOING

                    THROUGH A TOUGH TIME RIGHT NOW, ESPECIALLY.  YOU CAN'T WATCH WHAT'S

                    GOING ON IN THIS COUNTRY WHEN IT COMES TO ALTON STERLING, AND SIT

                    QUIETLY.  AND STEPHON CLARK AND SIT QUIETLY.  YOU CAN'T BE ACCEPTING OF

                    WHAT'S HAPPENING HERE.  BUT WE DO SAY THAT WE TURN THIS PAIN INTO

                    PROMISE AND THE STRUGGLE AND THE SELF-SUFFICIENCY AND ITS POVERTY TO

                    PROSPERITY.  IT'S WHY WE FOCUS ON AP EXAMS TO BE LESS COSTLY, MR.

                    SPEAKER, AND DIVERSITY IN MEDICINE SCHOLARSHIPS TO BE MORE ATTAINABLE

                    AND MY BROTHER'S KEEPER TO BE MORE ACCESSIBLE AND SUCCESS FOR OUR

                    STUDENTS TO BE MORE ACHIEVABLE.  BUT WHY ARE WE HERE?  BECAUSE 50

                    YEARS AGO ON APRIL 4TH, WE LOST A DREAMER.  BUT LET US REALIZE THAT A

                                         145



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    DREAM CANNOT BE DENIED BECAUSE YOU TOOK A DREAMER.  AND MY FAITH

                    REMIND ME THAT DEATH DOES NOT DENY THE PROMISE.  I BELIEVE VERY

                    CLEARLY THAT JESUS WAS A MAN OF COLOR WHO WAS A REFUGEE, A PRISONER, A

                    HEALER, A MIRACLE WORKER WHO SUFFERED DUE TO UNJUST GOVERNMENT

                    OFFICIALS.  BUT I WON'T ALLOW US TO HOLD THIS NOW BECAUSE I DO BELIEVE A

                    BUDGET CAN TURN THINGS AROUND FOR PEOPLE.

                                 SO I CLOSE BY SAYING THIS:  IN THE WORDS OF DR. KING ON

                    APRIL 3RD, THE NIGHT BEFORE HIS LIFE WAS TAKEN, HE GAVE HIS

                    INCOMPARABLE "I'VE BEEN TO THE MOUNTAINTOP" SPEECH, WHICH I THINK

                    RESONATES ON WHY I'M GOING TO VOTE FOR THIS BUDGET, IN PARTICULAR, WHEN

                    IT COMES TO HOUSING.  HE SAID, "LET US RISE UP TONIGHT WITH A GREATER

                    READINESS.  LET US STAND WITH A GREATER DETERMINATION.  LET US MOVE IN

                    THESE POWERFUL DAYS, THESE DAYS OF CHALLENGE, TO MAKE AMERICA WHAT IT

                    OUGHT TO BE.  WE HAVE AN OPPORTUNITY TO MAKE A BETTER NATION."  MY

                    COLLEAGUES, WE HAVE A CHANCE WITH THIS BUDGET TO HELP THE PEOPLE THAT

                    LIVE IN PUBLIC HOUSING, TO HAVE A CHANCE TO MOVE FORWARD IN THESE

                    BETTER CITIES AND BETTER STATE.  A CHANCE TO ACTUALLY LIVE OUT THE DREAM

                    OF DR. KING.

                                 LET US RISE FOR JUSTICE ONCE MORE, LET US RISE FOR

                    OPPORTUNITY FOR ONCE MORE, AND I WILL PROUDLY VOTE IN THE AFFIRMATIVE,

                    MR. SPEAKER.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                         146



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. CARROLL TO EXPLAIN HIS VOTE.

                                 MR. CARROLL:  THANK YOU, MR. SPEAKER.  I RISE

                    TODAY TO EXPLAIN MY VOTE, BECAUSE IN THIS BUDGET WE HAVE MISSED TWO

                    OPPORTUNITIES.  THE FIRST OPPORTUNITY THAT WE MISSED WITH THIS BUDGET

                    WAS THE ABILITY TO PASS ANY MEANINGFUL ELECTORAL REFORMS THIS YEAR.  OUR

                    STATE HAS ONE OF THE MOST ABYSMAL TRACK RECORDS IN VOTER PARTICIPATION

                    IN OUR NATION.  AND IN THIS AGE OF NEW ACTIVISM, IT IS UNFORTUNATE THAT

                    YET AGAIN WE WERE NOT ABLE TO TAKE EVEN THE SMALLEST STEPS TOWARDS

                    RECTIFYING THAT TERRIBLE VOTER PARTICIPATION.  WE WERE NOT ABLE -- WE ARE

                    STILL ONE OF ONLY 13 STATES THAT DOESN'T HAVE EARLY VOTING.  AND THAT

                    DOESN'T EVEN ADDRESS SOME OF THE OTHER SYSTEMATIC WAYS THAT WE MAKE

                    IT HARD TO PARTICIPATE IN OUR DEMOCRACY YEAR AFTER YEAR, AND THAT NEEDS

                    TO STOP.

                                 THE SECOND THING THAT WE WERE UNABLE TO DO THIS YEAR

                    WAS TO IMPLEMENT A FULL CONGESTION PRICING PLAN FOR THE CITY OF NEW

                    YORK.  THE NEW YORK CITY SUBWAY SYSTEM IS THE LIFEBLOOD OF NEW

                    YORK CITY, AND NEW YORK CITY IS THE LIFEBLOOD OF THIS STATE.  AND WHAT

                    WE HAVE NOT BEEN ABLE TO DO IS FIND A WAY TO FULLY FUND THAT SYSTEM SO

                    THAT IN THE YEARS TO COME, NOT ONLY IS IT IN GOOD MAINTENANCE, BUT WE

                    ARE ABLE TO EXPAND THAT SYSTEM AND WE ARE ABLE TO MAKE SURE THAT THAT

                    SYSTEM IS A 21ST CENTURY SYSTEM THAT HAS MODERN SIGNALS, HAS MODERN

                    CARS, HAS SUBSTATIONS THAT PROVIDE ENOUGH POWER TO THE THIRD RAIL SO THAT

                    WE CAN RUN ENOUGH TRAINS PER HOUR.  IF WE DO NOT DO THIS IN THE NEXT

                    FEW YEARS, WE WILL RUE THE DAY THAT WE DID NOT TACKLE THIS PROBLEM

                                         147



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    NOW. THE CURRENT SCHEME THAT WE HAVE COME UP WITH TO TAX TAXI CABS

                    WILL NOT DO ENOUGH.  IT WILL NOT STOP CONGESTION IN MANHATTAN.  IT WILL

                    NOT ADDRESS ENVIRONMENTAL CONCERNS, AND IT WILL NOT FUND THE MTA.

                                 BUT EVEN THOUGH I HAVE THOSE TWO MISGIVINGS, THIS

                    BUDGET DOES SO MUCH.  I WILL BE VOTING IN THE AFFIRMATIVE --

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MR. CARROLL:  -- SO I WITHDRAW MY REQUEST TO

                    ABSTAIN AND VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MS. GLICK.

                                 MS. GLICK:  THANK YOU, MR. SPEAKER, TO EXPLAIN MY

                    VOTE.  THERE ARE ALWAYS -- THESE LARGE BILLS ARE THE KITCHEN SINK, AND IF

                    YOU PUT YOUR HAND IN IT YOU MIGHT GET CUT BY A KNIFE, OR YOU MIGHT

                    ACTUALLY BE ABLE TO OPEN THE DRAIN AND HAVE IT ALL FALL OUT AND SEE

                    EXACTLY WHAT HAS BEEN STUFFED INTO IT.  SO I AM ACTUALLY PLEASED THAT THE

                    BILL DOES CONTAIN AN MTA SUSTAINABILITY FUND AND A PLAN TO PUT PEOPLE

                    IN PLACE TO REVIEW THOROUGHLY THE OPTIONS WE HAVE.  IT ALSO COMMITS

                    CAPITAL DOLLARS TO A SUBWAY REPAIR, AND THE -- IF YOU DON'T LIMIT OR PUT A

                    CAP ON UBER AND LYFT, YOU'RE NEVER GOING TO DEAL WITH CONGESTION.

                    THIS IS A WAY TO RAISE MONEY, AND I'M PLEASED THAT WE'RE RAISING MONEY

                    IN THIS FASHION IN ORDER TO SUSTAIN OUR SUBWAYS.

                                 I AM CONCERNED WITH A CHANGE IN ELECTION LAW -- IN

                    EDUCATION LAW THAT COULD ALLOW A CONTINUATION OF A LESS VIGOROUS

                    EDUCATION FOR SOME STUDENTS.  I BELIEVE THAT OUR STATE EDUCATION

                    DEPARTMENT SHOULD AND MUST HAVE OVERSIGHT TO ASSURE THAT ALL CHILDREN

                    HAVE ACCESS TO AN APPROPRIATE AND EQUIVALENT EDUCATION.  AND, FINALLY,

                                         148



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    I WANT TO COMMEND ONE OF MY COLLEAGUES WHO DISCUSSED IN

                    APPROPRIATE DETAIL THE PENN STATION -- THE INAPPROPRIATE PENN STATION

                    INSERTION IN THIS BILL.  THE -- THE STATE HAS HAD THE AUTHORITY TO DEAL

                    WITH PENN STATION.  THE IMPROVEMENTS HAVE BEEN SLOW.  BUT THE

                    CONCERN THAT UDC, AN AUTHORITY THAT HAS, IN MANY INSTANCES, RIDDEN

                    OVER THE CONCERNS OF LOCALITIES, SHOULD NOT HAVE THE ABILITY TO GO

                    FORWARD WITHOUT ACTUAL PUBLIC DEBATE.

                                 SO, I WITHDRAW MY REQUEST.  I WILL VOTE IN THE

                    AFFIRMATIVE, AND I WILL LOOK FORWARD TO WORKING WITH MY COLLEAGUE ON

                    THE PENN STATION LOCAL PARTICIPATION.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MR. RODRIGUEZ.

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

                    GIVING ME THE OPPORTUNITY TO EXPLAIN MY VOTE.  I THINK THIS IS A VERY

                    IMPORTANT MOMENT FOR US TO DEFINE THE CRISIS THAT AFFECTS 6 MILLION

                    PUBLIC TRANSIT RIDERS IN NEW YORK CITY.  THE CRISIS IS ONE THAT RESULTS IN

                    76,000 DELAYS A YEAR, WHERE ONLY 58 PERCENT OF THE TRAINS ARRIVE TO

                    THEIR STATION ON TIME.  AND IT'S IMPACTING THE LIVES OF EVERY SINGLE NEW

                    YORKER IN A NUMEROUS WAY.  IT'S NOT JUST BEING LATE FOR YOUR

                    APPOINTMENT.  IT'S NOT JUST BEING LATE FOR WORK.  IT'S ABOUT THE ECONOMIC

                    IMPACT AND HOW IT IS SLOWING DOWN THE VITALITY OF NEW YORK CITY.  AS

                    A (SIC) AREA, WE GENERATE OVER A TRILLION DOLLARS IN GROSS METROPOLITAN

                    PRODUCT.  THAT'S 9 PERCENT OF THE GDP OF THE COUNTRY.  AND WHEN THE

                    SUBWAYS ARE SLOW, WHEN THE BUSES DON'T RUN, WHEN WE'RE NOT ABLE --

                    WHEN OUR COMMUTER LINES ARE NOT ABLE -- NOT ABLE TO BRING PEOPLE IN

                                         149



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    FROM THE SUBURBS TO THEIR JOBS, WE ARE IMPACTING OUR ECONOMIC VITALITY.

                    AND BY TAKING A STEP HERE TODAY, WE'RE MAKING AN ADJUSTMENT.  NOW, IT

                    IS A SMALL STEP, ALBEIT.  $800 MILLION IN WHAT IS A $1 BILLION PROBLEM IS

                    ONLY A BEGINNING.  BUT AS SOMEBODY WHO INTRODUCED THE CONCEPT OF

                    SURCHARGES IN 2015, WE'VE COME A LONG WAY.  AS SOMEBODY WHO

                    INTRODUCED THE MOVE NY PLAN AND LOOKS AT HOW TO RAISE REVENUES IN A

                    VARIETY OF DIFFERENT WAYS, TO BE CREATIVE AND INNOVATIVE ON HOW WE

                    DEAL WITH WHAT IS A - A -- AN EXISTENTIAL PROBLEM FOR NEW YORK CITY

                    AND OUR FUTURE GROWTH AND DEVELOPMENT.  THIS IS AN IMPORTANT FIRST

                    STEP.  AND INSTEAD OF THINKING ABOUT ALL THE THINGS IT DOESN'T DO, LET'S

                    THINK ABOUT THE GREAT THINGS THAT IT DOES.  WE INTRODUCED A LOCKBOX

                    CONCEPT --  AND I KNOW MY COLLEAGUE JIM BRENNAN IS NOT WITH US

                    ANYMORE WOULD BE CHEERING FROM THE RAFTERS TO SAY THAT YOU JUST CAN'T

                    SWEEP OUT REVENUES FROM THE MTA, IT HAS TO GO TOWARDS THE SUBWAY --

                    TO THE SUBWAY PLAN FIRST.  WE ALSO INCLUDE DOLLARS THERE TO MAKE SURE --

                    WELL, WE ALSO MAKE SURE THAT THERE'S TRANSPARENCY IN A WAY THAT DIRECTS

                    -- THAT -- THAT PROVIDES AN OPPORTUNITY TO SEE HOW THAT CAPITAL DOLLARS

                    ARE SPENT.  SO IT'S IMPORTANT THAT WE RE -- THAT WE REALIZE THAT THIS IS A

                    STEP TOWARDS FIXING SOMETHING THAT IS CLEARLY BROKEN FOR THE SIX MILLION

                    NEW YORKERS THAT --

                                 ACTING SPEAKER AUBRY:  MR. RODRIGUEZ, HOW

                    DO YOU VOTE, PLEASE?

                                 MR. RODRIGUEZ:  -- RELY ON US.  SO I VOTE IN THE

                    AFFIRMATIVE --

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                         150



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                                 MR. RODRIGUEZ:  -- AND OF COURSE, URGE MY

                    COLLEAGUES TO DO THE SAME.

                                 ACTING SPEAKER AUBRY:   THANK YOU.

                                 MR. MOSLEY.

                                 LADIES AND GENTLEMEN, TWO MINUTES IS WHAT YOU HAVE.

                    PLEASE TRY AND CONTAIN YOURSELF.

                                 MR. MOSLEY:  THANK YOU, MR. SPEAKER, TO EXPLAIN

                    MY VOTE.  FIRST OF ALL, I WANT TO THANK OUR SPEAKER FOR HIS LEADERSHIP.  I

                    WANT TO THANK CHAIRMAN (SIC) WEINSTEIN.  I WANT TO THANK OUR MAJORITY

                    LEADER, OUR STAFF, OUR COLLEAGUES ON BOTH SIDES OF THE AISLE.  EARLIER THIS

                    YEAR WHEN WE TALKED ABOUT DR. KING'S LIFE, WE SO ELOQUENTLY WAXED

                    UPON HIS ACCOMPLISHMENTS AS HE LIVED HERE IN THIS EARTH.  WE TALKED

                    ABOUT HIM BEING A PRINCIPLE LEADER.  AND I LISTENED FOR THE FIRST TIME --

                    AND I DIDN'T SAY TOO MUCH ON DR. KING'S BIRTHDAY, AS WE CELEBRATED IT

                    EARLIER THIS YEAR -- BUT JUST AS MUCH AS HIS LIFE IS A -- WAS A PRINCIPLE

                    LIFE, SO IS THE DOCUMENT WE CALL OUR STATE BUDGET.  IT'S BASED ON

                    PRINCIPLES.  NOT MERELY JUST DOLLARS AND CENTS, BUT WHAT IS IMPORTANT TO

                    US.  AND WHAT -- HOW WE'RE GOING TO IMPACT THE LIVES OF THOSE WE SERVE

                    THROUGHOUT OUR GREAT STATE.

                                 NOW, I APPLAUD THE FACT THAT WE WERE ABLE TO PASS

                    DESIGN-BUILD.  IT WILL IMPACT THE LIVES OF THOSE PEOPLE WHO LIVE IN

                    NYCHA, OR BQE, RIKERS ISLAND, ELL, THE BURN CENTER IN CENTRAL

                    BROOKLYN.  BUT THEN WE'VE SAID SO MANY NOS TO SO MANY OTHER THINGS.

                    WE SAID NO TO, AGAIN, THE DREAM ACT.  NO TO MAKING GOOD ON CFE.

                    NO TO CRIMINAL JUSTICE REFORM.  SO, TO ME, I BELIEVE THAT AS MUCH AS WE

                                         151



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    HAVE DONE UP UNTIL THIS POINT, WE HAVE SO MUCH MORE TO GO.  BUT I

                    KNOW THAT IF -- IF WE HAVE SO MANY NOS AHEAD OF US, THE ONE THING I DO

                    KNOW IS THAT I KNOW WE HAVE THE POTENTIAL TO MAKE GOOD ON DR. KING'S

                    DREAM, TO MAKE GOOD ON HIS PRINCIPLES, TO MAKE GOOD ON WHAT HE SET

                    FORTH FOR US TO DO AS ELECTED OFFICIALS, AS PUBLIC SERVANTS.  AND NOT

                    MERELY JUST TALK ABOUT HIS LIFE, BUT TO LIVE HIS LIFE.  AS LEADERS, AS

                    RESIDENTS, AS NEIGHBORS OF OUR STATE.

                                 SO, AGAIN, THANK YOU TO THE SPEAKER AND ALL THOSE WHO

                    ARE PARTICIPATING IN THIS ARDUOUS TASK OF PASSING THIS BUDGET ON TIME

                    AGAIN.  BUT, AGAIN, I WANT TO REMIND MY COLLEAGUES, WE STILL HAVE SO

                    MUCH MORE TO GO.  AND I VOTE IN THE AFFIRMATIVE.  THANK YOU, MR.

                    SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MS. BICHOTTE.

                                 MS. BICHOTTE:  THANK YOU, MR. SPEAKER, FOR

                    ALLOWING ME TO EXPLAIN MY VOTE.  I FIRST WANT TO THANK THE SPEAKER,

                    CHAIR OF WAYS AND MEANS, AND ALL OF MY COLLEAGUES FOR REALLY PUTTING

                    EFFORT IN THIS HARD-FOUGHT BILL TO MAKE SURE IT WAS PASSED ON TIME.  I

                    WANT TO SAY THAT I'M HAPPY THAT WE'RE FINALLY ADDRESSING OR COMPETING

                    TO ADDRESS THE ISSUES AROUND OUR BROTHERS AND SISTERS LIVING IN PUBLIC

                    HOUSING, AND ADDRESSING THE LIVING CONDITIONS THAT THEY HAVE SUFFERED

                    FOR MANY, MANY YEARS.  I'M ALSO HAPPY THAT WE ARE ADDRESSING WAYS OF

                    FINDING SOLUTIONS ON HOW TO FIX OUR SUBWAYS, THE MASS TRANSPORTATION,

                    BUT WE SHOULD BE VERY CAREFUL AND SHOULD HAVE OVERSIGHT AND MAKING

                    SURE THAT THE FUNDS THAT WE'RE TRYING TO RAISE ACTUALLY GOES TO FIXING

                                         152



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    MASS TRANSPORTATION.  I AM DISAPPOINTED THAT THIS BUDGET BILL DID NOT

                    INCLUDE THE CHILDS (SIC) VICTIM ACT, ELECTORAL REFORM, CRIMINAL JUSTICE

                    REFORM LIKE BAIL REFORM.  AND OF COURSE I AGREE WITH MY COLLEAGUE, WE

                    SHOULD BE GIVING MORE MONEY TO CAMPAIGN FOR FISCAL EQUITY, MONEY

                    THAT'S OWED TO OUR CHILDREN.  BUT I DO HAVE TO TALK -- MENTION ABOUT

                    MINORITY AND WOMEN BUSINESS ENTERPRISE.  ALTHOUGH I'M HAPPY THAT

                    THE MINORITY AND WOMEN BUSINESS ENTERPRISE WAS EXTENDED -- AND I

                    WANT TO THANK THE SPEAKER AND MY COLLEAGUES FOR FIGHTING FOR THAT -- I

                    WANT TO MAKE IT CLEAR THAT AS PER THE DISPARITY STUDY, AS PER THE

                    DISPARITY STUDY, IT SHOWED THAT WE HAVE OVER 53 PERCENT OF MINORITY

                    AND WOMEN BUSINESS ENTERPRISE WHO ARE WILLING AND READY AND ABLE

                    TO WORK.  WITH THAT, THE MWBE BILL SHOULD HAVE BEEN EXTENDED TO FIVE

                    YEARS.

                                 SO, AGAIN, I APPRECIATE THE WORK AND THE HARD FIGHT

                    THAT THE SPEAKER AND OUR COLLEAGUES HAVE PUT FORTH, AND WITH THAT, I

                    WILL VOTE IN THE AFFIRMATIVE.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MR. RIVERA.

                                 MR. RIVERA:  I KNOW IT'S VERY LATE, MR. SPEAKER, BUT

                    I HOPE THAT DENNY FARRELL IS WATCHING US TONIGHT.  AND I HOPE THAT --

                                 (LAUGHTER)

                                 -- AS HE'S WATCHING US THAT HE HAS SEEN THAT HELENE

                    WEINSTEIN HAS TAKEN US FROM FIRST BASE TO THIRD BASE, AND THAT WHEN THIS

                    PROCESS IS OVER, WE'LL BE HOME.  WHERE I WANT TO BE, HOME, BY

                    TOMORROW.

                                         153



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                                 MR. SPEAKER, THIS PAST WEDNESDAY, RON DEUTSCH FROM

                    THE FISCAL POLICY INSTITUTE WAS HERE WITH 26 OTHERS, CIVIC AND RELIGIOUS

                    LEADERS, AND THEY HAD A PRESS CONFERENCE RIGHT BY THE MILLION DOLLAR

                    STAIRCASE.  AND THEY -- A LAST MINUTE ATTEMPT TO HOPE THAT WE, IN THIS

                    BUDGET, GIVE HIM THE TOOLS TO CONTINUE TO WORK AND PROVIDE THE

                    SERVICES THAT THEY NEED.  THEY REPRESENT PRACTICALLY ALL OVER THE STATE

                    OF NEW YORK.

                                 NOW, I KNOW THIS IS NOT A PERFECT BILL.  IT'S NOT.  IF IT

                    WERE, DEBBIE GLICK WOULD BE GETTING UP AND THANKING ALL OF US FOR

                    FINALLY HAVING A BILL THAT DEALS WITH THE RIGHTS OF WOMEN.  AND THAT'S

                    ONE OF THE ISSUES THAT THIS GROUP CAME TO TALK TO US ABOUT.  THEIR OTHER

                    ISSUE HAS ALREADY BEEN MENTIONED, IS EARLY VOTING.  I CAN'T UNDERSTAND

                    WHY WE DID NOT GET SOMETHING THAT WAS NOT GOING TO COST US ANYTHING

                    AS EARLY VOTING NOW.  I -- I GUARANTEE YOU, EARLY VOTING OR NOT, LET'S GET

                    READY FOR 2020 BECAUSE THE LINES WILL BE THREE TIMES AS LONG AS THEY

                    WERE WHEN WE FIRST ELECTED THE FIRST AFRICAN-AMERICAN INTO THE

                    PRESIDENCY.  HISTORICAL.  WELL, 2020 WILL BE HISTORICAL, BUT I HOPE THAT

                    IF WE DON'T DO THAT NEXT YEAR, THAT WE DO SOMETHING CLOSE TO A PERFECT

                    BUDGET.  GIVE US SOMETHING TO MAKE IT PERFECT.  GIVE US EARLY VOTING SO

                    THAT WE CAN CUT DOWN ON THE WAITING LINE AS PEOPLE GO TO VOTE IN 2020.

                                 THANK YOU VERY MUCH.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MS. SIMON.

                                 MS. SIMON:  THANK YOU, MR. SPEAKER, TO EXPLAIN

                    MY VOTE.  LIKE MANY OF MY COLLEAGUES, I AM CONCERNED ABOUT THE

                                         154



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    INABILITY OF THE LEGISLATURE TO HAVE INCLUDED A CONGESTION PRICING PLAN

                    THAT WOULD ACTUALLY PROVIDE A SUSTAINED MEANS OF SUPPORT FOR THE

                    MTA, FOR ALL OF THE REASONS THAT MY COLLEAGUES HAVE ALREADY

                    EXPLAINED.  I BELIEVE IT'S CRITICAL, AND I BELIEVE IT'S SOMETHING THAT WE

                    MUST BE DOING.  IF NOT THIS YEAR, THAT WE HAVE TO KEEP WORKING TO MAKE

                    SURE THAT THAT OCCURS.

                                 I AM ALSO SIMILARLY CONCERNED ABOUT THE LACK OF

                    ELECTION REFORM AND EARLY VOTING.  AND THE FAILURE TO PASS THE DREAM

                    ACT, TO DO BAIL REFORM AND THE CHILD VICTIMS ACT.  IT BREAKS MY HEART

                    THAT WE HAVEN'T BEEN ABLE TO INCLUDE THOSE IN THE BUDGET.  I AM VERY

                    PLEASED, HOWEVER, THAT WE HAVE BEEN ABLE TO INCLUDE DESIGN-BUILD.

                    IT'S CRITICAL TO MY DISTRICT AND TO THE ECONOMY AND THE LIVES OF THE

                    PEOPLE IN NEW YORK THAT WE HAVE DESIGN-BUILD FOR THE BQE AND FOR

                    NYCHA AND FOR THE -- THE FACILITIES THAT WILL REPLACE RIKERS, ONE OF

                    WHICH IS ALSO IN MY DISTRICT.

                                 AND I WILL BE VOTING IN FAVOR OF THIS BILL.  THANK YOU.

                                 ACTING SPEAKER AUBRY:   THANK YOU.

                                 MR. ABINANTI.

                                 MR. ABINANTI:  THANK YOU, MR. SPEAKER.  I'D LIKE

                    FIRST TO START WITH A THANK YOU TO OUR SPEAKER AND TO THE STAFF WHO

                    LITERALLY HAVE WORKED AROUND THE CLOCK FOR THE LAST SEVERAL DAYS TO

                    BRING US TO THIS POINT AND ENSURE THAT WE WILL HAVE AN ON-TIME BUDGET

                    FOR THE PEOPLE OF THE STATE OF NEW YORK AND THAT THERE WILL BE NO

                    DISRUPTION IN THE SERVICES OF THE STATE.  UNFORTUNATELY, ONCE AGAIN, WE

                    SEEM TO HAVE PROVED THE WISDOM OF THE ADAGE THAT, THOSE WHO LIKE

                                         155



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    SAUSAGE AND LAW SHOULD NOT WATCH EITHER ONE BE MADE.  BUT I DO THINK

                    WE'VE COME OUT WITH A -- A RESPECTFUL -- RESPECTABLE AND A GOOD END

                    RESULT FOR THE PEOPLE OF THE STATE OF NEW YORK.  BUT I WOULD BE REMISS

                    IF I DID NOT HIGHLIGHT ONE ITEM WHICH TROUBLES ME QUITE A BIT.  WE'VE

                    INCLUDED IN THIS LAST DOCUMENT A PERMISSION TO THE EXECUTIVE BRANCH TO

                    INTRUDE IN THE BUDGET PROCESS OF OUR SCHOOL DISTRICTS, WHICH HAS

                    PREVIOUSLY BEEN, AND SHOULD CONTINUE TO BE, WITHIN THE SOLE PROVIDENCE

                    OF THE STATE EDUCATION DEPARTMENT.  I'M QUITE TROUBLED THAT OUR SCHOOL

                    DISTRICTS WILL NOW HAVE TO REPORT TO THE DEPARTMENT OF BUDGET ON AN

                    ANNUAL BASIS WHAT THEIR BUDGETS ARE, AND GIVE THE DEPARTMENT OF THE

                    BUDGET THE OPPORTUNITY TO REVIEW THESE AND PENALIZE THEM IF THEY

                    BELIEVE THAT THEY HAVEN'T COMPLIED FULLY WITH THE DISCLOSURE PROCESS.

                    NOW, THAT SEEMS PRETTY SIMPLE, BUT ONCE YOU ALLOW THE DEPARTMENT OF

                    BUDGET TO INTRUDE INTO THIS PROCESS, IT'S THE FIRST STEP TOWARDS FULL

                    CONTROL BY THE DEPARTMENT OF THE BUDGET, AND I BELIEVE THAT'S

                    IMPROPER. IT SHOULD NOT BE IN THIS BUDGET, AND THAT IS SOMETHING THAT WE

                    WERE UNABLE TO KEEP OUT OF THE BUDGET, AND I THINK IT'S A -- A -- A DEFECT

                    IN THE DOCUMENT WE HAVE.

                                 BUT, BY AND LARGE, I THINK WE'VE COME UP WITH A GOOD

                    END PRODUCT FOR THE PEOPLE OF THE STATE OF NEW YORK, SO I WILL VOTE IN

                    THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                         156



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                                 MR. MORELLE.

                                 MR. MORELLE:  THANK YOU, MR. SPEAKER.  ON THE

                    E- CALENDAR, THE FINAL BUDGET BILL IS RULES REPORT NO. 26 ON PAGE 3, IF

                    WE COULD TAKE IT UP NOW.

                                 ACTING SPEAKER AUBRY:   THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A09500-D, RULES

                    REPORT NO. 26, BUDGET BILL.  AN ACT MAKING APPROPRIATIONS FOR THE

                    SUPPORT OF GOVERNMENT; AND TO AMEND A CHAPTER OF THE LAWS OF 2018

                    ENACTING THE AID TO LOCALITIES BUDGET, IN RELATION TO THE SUPPORT OF

                    GOVERNMENT.  (STATE OPERATIONS BUDGET)

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MS.

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

                    ADVANCED.  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. OAKS.

                                 MR. OAKS:  YES.  WILL THE CHAIRWOMAN YIELD FOR A

                    COUPLE OF QUESTIONS?

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN, WILL

                    YOU YIELD?

                                 MS. WEINSTEIN:  YES, I'D BE PLEASED TO.

                                 ACTING SPEAKER AUBRY:  THE CHAIRWOMAN

                    YIELDS.

                                 MR. OAKS:   EARLIER IN SOME OF THE DEBATE (SIC) ONE

                                         157



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    OF MY COLLEAGUES, MR. RA, RAISED THE ISSUE ON CONCERNED ABOUT BEING

                    ABLE TO ADMINISTER IN TAX AND FINANCE, WITHIN STAFF, ADDITIONAL

                    RESPONSIBILITIES WE WERE GIVING THEM, AND THIS BILL, THE -- ONE -- ONE OF

                    THE ISSUES IS AROUND THE SMART SCHOOLS BOND ACT.  AND WE'VE ALL HEARD

                    -- I'M SURE YOU HAVE -- DELAYS IN THAT, GETTING THOSE DOLLARS OUT, MANY

                    OF OUR SCHOOLS WAITING FOR THOSE.  HAVE WE DONE ANYTHING IN THIS BILL TO

                    PROVIDE MORE STAFFING AT THE EDUCATION DEPARTMENT SO THAT THE SMART

                    SCHOOLS BOND ACT FUNDING CAN GET OUT IN A MORE QUICKLY BASIS -- OR A

                    MORE QUICK BASIS?

                                 MS. WEINSTEIN:  NO.

                                 MR. OAKS:  SO WE ARE LEFT WITH THEM NOT BEING ABLE

                    TO DO THIS.

                                 ANOTHER QUESTION I HAD RELATED TO THE MEDICAL

                    ASSISTANCE ADMINISTRATION AND THE COST FOR THAT.  WHEN WE FIRST STARTED

                    GOING WITH THAT PROGRAM, WE WERE TOLD THAT THERE WOULDN'T BE A COST TO

                    THE STATE FOR THAT, AND YET, EACH OF THE YEARS WE'VE SEEN COSTS.  I BELIEVE

                    THIS YEAR, IN THIS BILL, $134 MILLION TO ADMINISTER THAT.  IS THERE A TIME

                    THAT WE CAN ANTICIPATE WHERE THAT PROGRAM SHOULD BE OPERATING WITHIN

                    ITS OWN RESOURCES?  THIS -- THE NEW YORK STATE OF HEALTH PROGRAM.

                                 MS. WEINSTEIN:  THE NEW YORK STATE HEALTH

                    EXCHANGE YOU'RE REFERRING TO?

                                 MR. OAKS:   YES.

                                 MS. WEINSTEIN:  SO, THE MAJORITY OF THE -- THE STAFF

                    ARE FUNDED THROUGH FEDERAL FUNDS.  THROUGH MEDICAID (INAUDIBLE).

                                 MR. OAKS:  BUT DON'T WE USE --

                                         158



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                                 MS. WEINSTEIN:  SOME PORTION.

                                 MR OAKS:  A PORTION OF THAT.  IS THAT $100 -- SO

                    YOU'RE SAYING SOME OF THE $134 MILLION IS FEDERAL MONIES.  DO WE

                    KNOW HOW MUCH OF IT IS STATE DOLLARS?

                                 MS. WEINSTEIN:  SOME OF THAT CERTAINLY -- IT

                    CERTAINLY IS FEDERAL DOLLARS.  THERE ARE SOME STATE DOLLARS.  I'M NOT SURE

                    THAT WE CAN GET YOU THAT NUMBER NOW, BUT I CERTAINLY WOULD SHARE IT

                    WITH YOU AFTER THIS.

                                 MR. OAKS:  THANK YOU.  I APPRECIATE THROUGH THIS

                    PROCESS ALL YOUR ANSWERS AND APPRECIATE THAT, FINALLY, THIS IS THE LAST BILL

                    THAT WE'VE REACHED.

                                 ON THE BILL --

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. OAKS:  -- MR. SPEAKER.  I'D STARTED OUT THIS

                    WHOLE PROCESS.  I HAVEN'T SPOKEN ON THE BILL, JUST ASKED QUESTIONS AS

                    WE'VE GONE THROUGH.  BUT WITH A GREAT DEAL OF OPTIMISM, I'M SURE MANY

                    OF US ARE RELIEVED TO BE HERE PASSING AN ON-TIME BUDGET.  BUT MANY OF

                    US HAD HOPED, I THINK, WHEN WE STARTED IN, THAT THIS WAS GOING TO BE

                    MAYBE A FIRST-EVER IN MY EXPERIENCE OF HAVING AN EARLY BUDGET WHEN

                    YOU HAD THE CONVERGENCE OF THE EARLY -- OR THE -- THE RELIGIOUS HOLIDAYS.

                    AND THE SPIRIT OF COOPERATION, I THINK, BETWEEN THE MINOR -- MINORITY

                    AND THE MAJORITY FROM THE ADMINISTRATIVE LEVEL TO MEMBER LEVEL,

                    CERTAINLY AT -- AT OUR COMMITTEE LEVEL AND STAFF LEVEL, I DO THINK IT'S

                    BEEN UNPRECEDENTED.  BUT I WAS PREPARED TO CONSIDER A BUDGET.  I THINK

                    THAT IT WAS LESS FILLED WITH POLICY NOT REALLY DIRECTLY RELATED TO THE

                                         159



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    FINANCES OF THE STATE.  PERHAPS WE DID THAT A -- A LITTLE BETTER.  BUT WE

                    ALSO CONSIDERED A BUDGET THE MOST PIECEMEAL I THINK THAT IT'S EVER BEEN.

                    WE WERE VOTING ON BILLS AND WENT DEEPER INTO THE PROCESS, BEING ASKED

                    TO VOTE YES OR NO ON BILLS WITHOUT -- OR WHILE NEGOTIATIONS WERE STILL

                    GOING ON, WITHOUT A FINAL BUDGET.  SO WE REALLY DIDN'T HAVE A FULL VIEW

                    OF WHAT WE MIGHT HAVE.  SO FOR THE FIFTH CONSEC -- CONSECUTIVE YEAR, WE

                    USED THE MESSAGES TO GET ALL THE BILLS.  THE BUDGET WAS NEGOTIATED, AS IT

                    HAS BEEN, BEHIND CLOSED DOORS WITH TWO OR THREE OR FOUR MEN IN THE

                    ROOM, AND WITHOUT THE PRESENCE OF THE MINORITY LEADERS FROM EITHER

                    THE SENATE OR THE ASSEMBLY.  AND I -- I JUST THINK AS THIS BUDGET'S BEING

                    COMPLETED, PERHAPS IF A DIFFERENT PERSPECTIVE WAS IN THE ROOM OR AT THE

                    TABLE -- LEADER KOLB OR -- OR LEADER STEWART-COUSINS -- SOME OF THE

                    ISSUES THAT WERE STUMBLING BLOCKS THAT PEOPLE DIDN'T -- COULDN'T FIGURE

                    OUT HOW TO GET BY, PERHAPS THE PERSPECTIVE MIGHT'VE BEEN THERE TO HELP

                    US NOT DRAG THIS OUT TO THIS WEE HOUR OF THE EVENING, OR MORNING, AND AS

                    MANY DAYS AS IT TOOK.  BUT IN THE END, I THINK THE RESIDENTS OF NEW

                    YORK STATE GOT A MORE NARROW BUDGET.  ONE WITHOUT ENOUGH

                    PERSPECTIVE IF WE WERE TO INCLUDE THE -- THE MINORITIES, AND ONE,

                    PERSONALLY, THAT I FELT IN THE END BORROWS AND SPENDS TOO MUCH MONEY.

                    AND -- AND EVEN THOUGH WE WERE ABLE TO TAKE OUT A NUMBER OF THE

                    TAXES, STILL, THE BURDEN ON THE TAXPAYERS OF NEW YORK IS -- IS

                    SIGNIFICANT.  AND SO, A CLOSED PROCESS TODAY AGAIN LEAVES US WITH LESS

                    THAN I THINK THE PEOPLE OF NEW YORK STATE DESERVE.  BUT I APPRECIATE --

                    AGAIN, NOT ALL OF IT IS THE RESPONSIBILITY OF THE MEMBERS OF THIS HOUSE,

                    IT'S THE FULL PROCESS.  BUT IF THERE'S ANYTHING TO TAKE AWAY IS IF WE WORK

                                         160



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    TOGETHER, ULTIMATELY, WE CAN COME UP WITH AN END PRODUCT FOR THE

                    PEOPLE OF THE STATE.

                                 THANK YOU VERY MUCH.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. LALOR.

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

                    SPONSOR YIELD FOR ONE QUICK QUESTION?

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN, WILL

                    YOU YIELD?

                                 MS. WEINSTEIN:  YES.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MR. LALOR:   THANK YOU.  LOOKING UNDER THE

                    FUNDING FOR THE DIVISION OF STATE POLICE, AND SPECIFICALLY, UNDER THE

                    TECHNICAL POLICE SERVICES FUNDING, $76 MILLION AND CHANGE IS ALLOTTED.

                    IS IT YOUR UNDERSTANDING THAT OF THAT $76 MILLION, $3.2 MILLION WILL GO

                    TOWARDS PERSONNEL TO SUPPORT ENFORCEMENT OF THE SAFE ACT?

                                 MS. WEINSTEIN:  YES, THAT'S CORRECT.

                                 MR. LALOR:  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. DIPIETRO.

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

                    THE SPONSOR YIELD?

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN?

                                 MS. WEINSTEIN:  YES.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MR. DIPIETRO:  THANK YOU, MS. WEINSTEIN.  WELL,

                                         161



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    FOR THOSE OF US WHO HAVE BEEN IN THE CHAMBERS FOR OVER 20 STRAIGHT

                    HOURS, I THINK THIS CORRUPT DOG AND PONY SHOW CAN'T END SOON ENOUGH.

                    SO IF YOU DO THE MATH, I THINK MOST OF US HAVE BEEN OUT HERE 39 OUT OF

                    43 HOURS, SO THAT'S -- THAT'S A LONG DAY FOR EVERYBODY.  I COMMEND YOU,

                    MRS. (SIC) WEINSTEIN, FOR PUTTING UP WITH EVERYBODY.  THANK YOU.

                                 I WOULD LIKE TO ALSO GO TO THE SAFE ACT, THE $3.2

                    MILLION, OKAY?

                                 MS. WEINSTEIN:  YES.

                                 MR. DIPIETRO:  CAN YOU TELL ME THE EXACT NUMBER

                    OF POLICE OFFICERS THE GOVERNOR HAS ANSWERING TO HIM IN THAT $3.2

                    MILLION?

                                 MS. WEINSTEIN:  THE -- $1.8 MILLION OF THAT IN THE

                    DIVISION OF STATE POLICE IS FOR 27 FULL-TIME EMPLOYEES.

                                 MR. DIPIETRO:  DID THEY RAISE THAT?  BECAUSE LAST

                    YEAR IT WAS APPROXIMATELY 15.

                                 MS. WEINSTEIN:  I -- I DON'T KNOW.  IT'S POSSIBLE.

                                 MR. DIPIETRO:  OKAY.  SO YOU DON'T KNOW.  DO YOU

                    KNOW -- DO WE KNOW WHO THEY ARE?

                                 MS. WEINSTEIN:  NO.

                                 MR. DIPIETRO:  WE DON'T KNOW WHO THEY ARE.  DO

                    YOU KNOW WHAT THEY DO EXACTLY?

                                 MS. WEINSTEIN:  I THINK THEY ADMINISTER THE

                    DATABASE AND OTHER -- OTHER RE -- REQUIREMENTS OF THE SAFE ACT.

                                 MR. DIPIETRO:  OTHER REQUIREMENTS.  WHEN WE TALK

                    AND WHEN I'VE --  THE ONLY REPLY FROM THE GOVERNOR'S OFFICE IS NO REPLY.

                                         162



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    FOR FIVE YEARS THEY'VE NOT TOLD ME -- GIVEN ME ANY INFORMATION.  WHEN

                    I'VE ASKED YOUR SIDE OF THE CONFERENCE, I'VE GOTTEN NO RESPONSE.  IS THIS

                    SOMETHING THAT YOU JUST HEARD FROM THE GOVERNOR JUST RECENTLY ON THIS?

                                 MS. WEINSTEIN:  WE -- WE HAVEN'T HAD -- HAD ANY

                    DISCUSSIONS.  I'M GIVING YOU THE BREAKDOWN OF -- OF THE -- HOW SOME OF

                    THAT MONEY, THAT $3.2, IS SPENT -- IS ALLOCATED.

                                 (PAUSE)

                                 MR. DIPIETRO:  DO YOU KNOW WHAT BARRACKS THEY'RE

                    AT?  ARE THEY AT A BARRACKS?  ARE THEY AT A DESK JOB SOMEWHERE ELSE?

                    NO?

                                 MS. WEINSTEIN:  SORRY.  I DON'T HAVE THAT

                    INFORMATION AVAILABLE.

                                 MR. DIPIETRO:  DO -- DO YOU KNOW WHAT AREAS OF

                    THE STATE, EVEN?  ARE THEY DISTRIBUTED EVENLY AROUND THE STATE?  ARE

                    THEY IN NEW YORK CITY?  ARE THEY -- DO YOU KNOW WHERE THEY ARE AT?

                                 MS. WEINSTEIN:  THAT -- I ASSUME THAT THE

                    SUPERINTENDENT OF STATE POLICE KNOWS WHERE THEY ARE, BUT THAT'S --

                                 MR. DIPIETRO:  YOU WON'T GIVE UP THAT

                    INFORMATION.

                                 MS. WEINSTEIN:  -- NOT SOMETHING THAT -- THAT WE

                    -- THAT WE'RE INVOLVED IN MANAGING.

                                 MR. DIPIETRO:  RIGHT.  BUT HE WON'T GIVE UP THAT

                    INFORMATION.  HE WON'T TELL US ANYTHING ABOUT THE PROGRAM, AND I'VE

                    ASKED FOR FIVE YEARS IF THEY COULD GIVE US SOME INFORMATION ON THESE --

                    THE SECRET POLICE THAT ONLY ANSWER TO THE GOVERNOR.  SO THAT'S WHERE I'M

                                         163



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    -- DO YOU KNOW THEIR REPORTING PROCEDURES TO THE GOVERNOR, SINCE THEY

                    ONLY -- ONLY ANSWER TO HIM?

                                 MS. WEINSTEIN:  NO, I DO NOT.

                                 MR. DIPIETRO:  OKAY.  DO YOU KNOW IF THEY GET A

                    BONUS PAY IF THEY ARREST ANY OF THE GOVERNOR'S ADVERSARIES?

                                 (LAUGHTER)

                                 I MEAN, WE DON'T -- WHAT I'M GETTING AT -- WE DON'T --

                    YOU KNOW, I ASK EVERY YEAR -- AND YOU'RE THE FIRST TIME THIS YEAR, MS.

                    WEINSTEIN, BUT YOU DO HAVE A BRAIN TRUST THERE.  COULD YOU ASK THEM?  I

                    ASKED THEM TO GIVE ME SOME INFORMATION.  CAN YOU ASK IF THEY'VE

                    ASKED THE GOVERNOR?  IF THE GOVERNOR -- COULD YOU ASK THEM WHAT THE

                    GOVERNOR SAID TO THEM THIS YEAR ABOUT IT?

                                 MS. WEINSTEIN:  THE GOVERNOR HAS -- THERE'S NOT

                    BEEN INTERACTION AMONGST OUR STAFF AND THE EXECUTIVE STAFF ABOUT THE

                    QUESTIONS THAT YOU ARE ASKING.

                                 MR. DIPIETRO:  OKAY.  WELL, I ASK THEM EVERY YEAR.

                    NO, I -- I -- I KNOW, IT'S TOUGH, MS. WEINSTEIN, BECAUSE I KNOW YOU

                    DON'T GET THE ANSWERS AND NEITHER DO WE, AND THAT'S VERY DISTURBING FOR

                    ALL OF US.

                                 MS. WEINSTEIN:  I HAVEN'T ASKED THESE QUESTIONS,

                    SO...

                                 MR. DIPIETRO:  OKAY.  WELL, I'LL -- I WON'T PUT THE

                    PRESSURE ON YOU TO ANSWER THEM NEXT YEAR, BECAUSE I'M SURE YOU WON'T

                    GET AN ANSWER NEXT YEAR.

                                 SO, ON THE BILL, MR. SPEAKER.

                                         164



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. DIPIETRO:  THIS IS THE FIFTH YEAR I'VE BEEN

                    ASKING THIS QUESTION ABOUT THE $3.2 MILLION AND ABOUT WHAT WAS 15

                    SECRET POLICE THAT ONLY ANSWER TO THE GOVERNOR, AND NOW IT MIGHT BE

                    27, BUT WE DON'T KNOW, AND I FIND THAT VERY DISTURBING.  WHEN WE ASK

                    THE GOVERNOR'S OFFICE, WE GET NO RESPONSE.  NOW, THESE ARE PAID OUT OF

                    PUBLIC FUNDS.  THEY WORK UNDER THE GUISE OF THE STATE POLICE, SO THEY

                    SHOULD BE ACCOUNTABLE TO THE PUBLIC.  WE SHOULD KNOW WHO THEY ARE,

                    WHAT THEY DO.  WE SHOULD KNOW A LOT ABOUT THEM WHEN THEY'RE

                    RECEIVING PUBLIC MONEY, BUT YET, THE GOVERNOR WILL NOT TELL US ANYTHING

                    ABOUT THEM.  WE DON'T KNOW WHO THEY ARE, WHERE THEY'RE STATIONED,

                    WHAT THEY DO, WHAT THEIR JOB TITLE, WHAT THEIR JOB DESCRIPTION IS.  AND

                    THEY ONLY ANSWER TO THE GOVERNOR.  THAT'S WHAT WE DO KNOW.  AND I

                    FIND THAT VERY DISTURBING THAT IN THIS STATE WE HAVE A DEEP STATE ROGUE

                    POLICE AGENCY THAT ONLY ANSWERS TO THE GOVERNOR.  I HOPE EVERYBODY

                    ELSE FINDS THAT DISTURBING.  THERE'S A LOT OF OTHER QUESTIONS, BUT AFTER

                    FIVE YEARS, YOU WOULD THINK WE WOULD AT LEAST GET ONE ANSWER AND

                    WE'VE RECEIVED NO ANSWERS.  IT PUTS A REAL DAMPER ON OPEN

                    GOVERNMENT, ON THE FREEDOM OF PEOPLE IN THIS STATE TO HAVE TO LOOK

                    OVER THEIR SHOULDER, KNOWING THAT THERE'S A FORCE OUT THERE THAT'S

                    UNACCOUNTABLE.  THAT, TO ME, IS VERY DISTURBING.

                                 THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 READ THE LAST SECTION.

                                 (CHEERS)

                                         165



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MRS. ARROYO TO EXPLAIN HER VOTE.

                                 MRS. ARROYO:  THANK YOU, MR. SPEAKER.  I WANT TO

                    TAKE ONE MOMENT TO CONGRATULATE AND THANK THE SPEAKER.

                                 (APPLAUSE)

                                 HELENE AND THE STAFF, HELEN (SIC), GOD BLESS YOU.  YOU

                    MAKE US FEEL PROUD OF YOU.

                                 (APPLAUSE)

                                 AND I WANT PEOPLE IN THE OTHER SIDE OF THE -- OF THE

                    CHAMBERS, THANK YOU FOR YOUR DIPLOMACY AND FOR THE WAY THAT WE

                    CONDUCT THIS MEETING.

                                 GOD BLESS THIS PLACE, AND GOD BLESS EACH ONE OF YOU.

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN.

                                 MS. WEINSTEIN:  THANK YOU, MR. SPEAKER.  I WANT

                    TO TAKE A MOMENT.  THIS BUDGET PROCESS BEGAN ON JANUARY 16TH WHEN

                    THE GOVERNOR PRESENTED HIS BUDGET, AND FROM THAT TIME TILL TONIGHT, THE

                    -- WE -- WE'VE -- WE'VE GOTTEN TO A FINAL PRODUCT THAT I THINK WE ALL CAN

                    BE PROUD OF.  BUT WE COULD NOT GET TO THIS POINT WITHOUT THE HARD WORK,

                    THE DEDICATED STAFF THAT SERVE OUR HOUSE -- OUR HOUSE, AND I WANT TO

                    JUST TAKE A MOMENT TO ACKNOWLEDGE MY COUNSEL, RICH ANCOWITZ;

                    BLAKE WASHINGTON, THE WAYS AND MEANS SECRETARY; PHIL FIELDS,

                    ANTHONY RODOLAKIS, THE DEPUTIES, ANALYSTS, ALL THE PC STAFF WHO HAVE

                                         166



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    SPENT HOURS AND HOURS AND NIGHTS WITHOUT SLEEP.  THEY'RE SLEEP-

                    DEPRIVED, THOUGH THEY'VE BEEN WELL-HYDRATED BECAUSE I MAKE SURE I

                    GIVE EVERYBODY A BOTTLE OF WATER WHEN THEY COME TO -- THEY -- THEY

                    COME TO VISIT.  SO THEY REALLY DESERVE A ROUND OF OUR APPLAUSE FOR ALL OF

                    THEIR WORK.

                                 (APPLAUSE)

                                 AND -- AND IF I COULD, I WOULD ALSO JUST LIKE TO THANK

                    MR. OAKS AND MR. -- MR. GOODELL DURING THIS -- THIS PROCESS.  IT'S BEEN

                    A VERY CORDIAL RELATIONSHIP AND HELPFUL.  AND EVEN THOUGH IT'S 5 TO 4, I

                    THINK I WANT TO THANK THE SPEAKER FOR GIVING ME THIS OPPORTUNITY TO

                    REPRESENT OUR HOUSE AND PRESENT OUR BUDGET.

                                 (LAUGHTER)

                                 THANK YOU.

                                 (APPLAUSE)

                                 MR. OAKS.

                                 MR. OAKS:  CERTAINLY, MR. SPEAKER.  AND JUST TO ADD

                    TO THE CHAIRWOMAN'S COMMENTS, THERE'S STAFF THROUGHOUT THIS BUILDING

                    WHO MAKE THIS ALL WORK, AND I REFERENCED BEFORE MY REMARKS THE EFFORT

                    THAT WENT TOGETHER BOTH FROM FLOOR STAFF, MICHELE PELLEGRINI, FROM

                    ANDY GOODELL AND ED RA.  BUT OUR AMAZING WAYS AND MEANS STAFF,

                    WHO WE'D STILL BE WAITING IF THEY DIDN'T WORK THEIR TAILS OFF OVER THE LAST

                    SEVERAL DAYS.  AND BECKY D'AGATI AND ALL OF OUR STAFF, I'D LIKE TO

                    ACKNOWLEDGE AS WELL.

                                 (APPLAUSE)

                                 AND AS YOU ACKNOWLEDGE MR. SPEAKER AS HE TAKES THE

                                         167



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                    PODIUM, BRIAN KOLB, OUR LEADER, HAS DONE A FANTASTIC JOB AS WELL.  AND

                    SO, THANK YOU FOR GETTING TO THIS POINT, MR. SPEAKER.

                                 SPEAKER HEASTIE:  THANK YOU, MR. OAKS.  SO, I

                    DIDN'T WANT TO GIVE ANY SPEECH OR REMARKS, BUT I -- I DO WANT TO THANK

                    THE WONDERFUL STAFF ON BOTH SIDES OF THE AISLE.  AS I SAID BEFORE OF

                    MEMBERS, THE LAST TEN DAYS TO SEE THE SACRIFICE THAT A LOT OF THE STAFF

                    MAKES.  I -- I WENT AROUND.  THEY ALLOWED ME TO TAKE PICTURES OF WHERE

                    THEY SLEEP WHILE THEY'RE HERE FOR WORK, AND IT GAVE ME A GREATER

                    APPRECIATION OF WHAT THE STAFF DOES FOR US.  BUT I DO WANT TO REALLY

                    HIGHLIGHT TWO PEOPLE, ONE OF WHICH -- HELENE, WHEN I MADE THE

                    DECISION TO APPOINT YOU AS CHAIR OF WAYS AND MEANS, I COULDN'T BE ANY

                    PROUDER THAN I -- THAN I AM NOW FOR THE WAY YOU HAVE CARRIED YOURSELF.

                                 (APPLAUSE)

                                 PARTICULARLY WITH YOUR "DENNY-ESQUE" ANSWER TO MR.

                    GOODELL WITH HIS LONG QUESTION --

                                 (LAUGHTER)

                                 -- YOU GAVE HIM "NO."  AND YOU DID FOLLOW

                    INSTRUCTIONS WELL, MR. GOODELL, (INAUDIBLE).  AND TO -- I'D REALLY SAY MY

                    PARTNER, ONE OF MY CLOSEST FRIENDS, THIS WILL BE OUR LAST BUDGET WITH

                    HIM, AS HE'S GOING TO GO ON AND DO GREATER THINGS.  I KNOW WE STILL HAVE

                    A SECOND HALF OF THE FOOTBALL GAME TO GO WITH HIM, BUT IT'S GOING TO BE

                    VERY TOUGH FOR ME TO NOT HAVE HIM IN THE STRATEGY SESSIONS FOR -- FOR THE

                    BUDGET.  BUT AS I SAID, I STILL HAVE HIM FOR THE SECOND HALF OF THE GAME,

                    BUT OUR FABULOUS MAJORITY LEADER, JOE MORELLE.

                                 (APPLAUSE)

                                         168



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                                 MR. MORELLE.

                                 MR. MORELLE:  WELL, ALLOW ME FIRST TO REPAY THE

                    COMPLIMENT.  I COULDN'T HAVE A BETTER PARTNER BUT, MORE IMPORTANTLY, A

                    BETTER FRIEND THAN THE SPEAKER.  I WATCH YOU EVERY DAY, AND THE

                    EXTRAORDINARY CARE YOU TAKE ON BEHALF OF ALL THE MEMBERS OF THIS

                    CHAMBER.  YOU DID AN EXTRAORDINARY JOB AGAIN WITH THIS BUDGET, AND I

                    WANT TO CONGRATULATE YOU AND HAVE EVERYONE JOIN ME IN THANKING YOU

                    FOR ALL YOUR HARD WORK AND FOR YOUR DEDICATION TO THE CAUSE.

                                 (APPLAUSE)

                                 SPEAKER HEASTIE:  NO, NO, NO.  I WANT US TO GO

                    HOME.

                                 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.

                    THANK EVERYONE FOR YOUR AMAZING COOPERATION.  I -- I'M SURE I JOIN THE

                    SPEAKER AND EVERYONE, MR. KOLB, AND EVERYONE IN WISHING ALL OF YOU A

                    VERY BLESSED HOLIDAY.

                                 AND WITH THAT, I NOW MOVE THAT THE ASSEMBLY STAND

                    ADJOURNED UNTIL MONDAY, APRIL 2ND, THAT BEING A LEGISLATIVE DAY.  WE

                    WILL RECONVENE AT 2:00 P.M. ON APRIL 16TH, MONDAY.  MR. SPEAKER,

                    COLLEAGUES, THAT'S A SESSION DAY.

                                 GODSPEED.

                                 SPEAKER HEASTIE:  THE HOUSE STANDS ADJOURNED.

                                         169



                    NYS ASSEMBLY                                                   MARCH 30, 2018

                                 (WHEREUPON, AT 4:00 A.M. ON MARCH 31ST, THE HOUSE

                    STOOD ADJOURNED UNTIL MONDAY, APRIL 2ND, THAT BEING A LEGISLATIVE DAY,

                    AND TO RECONVENE ON MONDAY, APRIL 16TH AT 2:00 P.M., THAT BEING A

                    SESSION DAY.)











































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