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.

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

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

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.

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);

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

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

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

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

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

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

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

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.

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

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

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

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

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

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

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

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.

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

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.

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

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

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.

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 --

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

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

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

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

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.

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

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.

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.

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

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

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

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

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.

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

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

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

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

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

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

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

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

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

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.

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.

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?

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?

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?

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

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

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

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

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

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

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

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.

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.

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.

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

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

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,

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 --

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

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

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.

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,

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.

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

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

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

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.

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.

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

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

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?

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,

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

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.

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

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 --

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

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

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?

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.

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.

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

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?

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.

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.

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

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.

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

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.

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.)

170