SUNDAY, MARCH 31, 2019                                                                         12:13 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 SATURDAY, MARCH 30TH.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, I MOVE TO

                                          1



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF MARCH THE 30TH AND

                    THAT THE SAME STAND APPROVED.

                                 ACTING SPEAKER AUBRY:  WITHOUT OBJECTION,

                    SO ORDERED.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  TO MY COLLEAGUES, STAFF AND GUESTS IN THE CHAMBERS, HAPPY

                    SUNDAY.  TODAY IS THE LAST DAY OF MARCH, MEANING IT IS ALSO THE LAST DAY

                    THAT WE ARE -- WOULD BE OFFICIALLY CELEBRATING WOMEN'S HISTORY MONTH;

                    ALTHOUGH WOMEN HAVE PRODUCED THE KIND OF HISTORY IN THIS COUNTRY THAT

                    SHOULD BE CELEBRATED YEARLONG.  I DO HAVE A QUOTE THAT I WOULD LIKE TO

                    SHARE AND IT SAYS, TO GET A CHOICE -- I GET A CHOICE EVERY TIME I OPEN MY

                    MOUTH:  THAT IT CAN BE WITH CIVILITY, IT CAN BE WITH DIGNITY, IT CAN BE

                    WITH GRACE - OR NOT.  THAT QUOTE IS FROM DANA PERINO.  SHE'S A FORMER...

                    PRESS SECRETARY, AND A CURRENT POLITICAL COMMENTATOR.  AGAIN, IT'S DANA

                    PERINO.  THANK YOU, MR. SPEAKER, FOR THAT OPPORTUNITY TO SHARE.

                                 THE MEMBERS SHOULD BE AWARE THAT WE DO -- WE HAVE

                    COMPLETED A COUPLE OF COMMITTEE MEETINGS ALREADY, SO THERE IS A NEED

                    TO ADVANCE THE A-CALENDAR, WHICH WE WILL BE TAKING UP UNDER DEBATE.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MRS.

                    PEOPLES-STOKES, THE A-CALENDAR IS ADVANCED.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  SO, THERE IS A GOOD

                    POSSIBILITY -- OR I SHOULD SAY THERE IS A REAL POSSIBILITY THAT THERE WILL BE

                    A NEED FOR ADDITIONAL CONFERENCES DURING THE COURSE OF TODAY.  BUT AT

                                          2



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    THIS MOMENT, MR. SPEAKER, WE SHOULD TAKE UP THE -- MOVE FORWARD

                    CALENDAR A THAT WE JUST MOVED FORWARD, ON DEBATE BY MS. WEINSTEIN.

                                 PAGE 13 -- I'M SORRY, MR. SPEAKER, PAGE 13, RULES

                    REPORT NO. 47, ABBATE.

                                 ACTING SPEAKER AUBRY:  PAGE 13, RULES

                    REPORT NO. 47.

                                 THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A06965, RULES REPORT

                    NO. 47, ABBATE.  AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO THE

                    TERMS AND CONDITIONS OF EMPLOYMENT FOR MEMBERS OF THE COLLECTIVE

                    NEGOTIATING UNIT CONSISTING OF TROOPERS IN THE DIVISION OF STATE POLICE

                    AND SALARY SCHEDULES FOR MEMBERS OF SUCH UNIT; TO AMEND THE STATE

                    FINANCE LAW, IN RELATION TO THE EMPLOYEE BENEFIT FUND FOR MEMBERS

                    OF SUCH UNIT; MAKING AN APPROPRIATION THEREFOR; AND TO REPEAL CERTAIN

                    PROVISIONS OF THE EXECUTIVE LAW AND THE STATE FINANCE LAW RELATING

                    THERETO (PART A); TO AMEND THE EXECUTIVE LAW, IN RELATION TO THE TERMS

                    AND CONDITIONS OF EMPLOYMENT FOR MEMBERS OF THE COLLECTIVE

                    NEGOTIATING UNIT CONSISTING OF COMMISSIONED AND NON-COMMISSIONED

                    OFFICERS IN THE DIVISION OF STATE POLICE AND SALARY SCHEDULES FOR

                    MEMBERS OF SUCH UNIT; TO AMEND THE STATE FINANCE LAW, IN RELATION TO

                    THE EMPLOYEE BENEFIT FUND FOR MEMBERS OF SUCH UNIT; MAKING AN

                    APPROPRIATION THEREFOR; AND TO REPEAL CERTAIN PROVISIONS OF THE

                    EXECUTIVE LAW AND THE STATE FINANCE LAW RELATING THERETO (PART B); TO

                    AMEND THE CIVIL SERVICE LAW AND THE STATE FINANCE LAW, IN RELATION TO

                    COMPENSATION, BENEFITS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT

                                          3



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    OF CERTAIN STATE OFFICERS AND EMPLOYEES WHO ARE MEMBERS OF THE

                    SECURITY SERVICES COLLECTIVE NEGOTIATING UNIT; AUTHORIZING FUNDING OF

                    JOINT LABOR-MANAGEMENT COMMITTEES; IMPLEMENTING AN AGREEMENT

                    BETWEEN THE STATE AND AN EMPLOYEE ORGANIZATION; MAKING AN

                    APPROPRIATION THEREFOR; AND TO REPEAL CERTAIN PROVISIONS OF THE CIVIL

                    SERVICE LAW RELATING THERETO (PART C); AND TO AMEND THE CIVIL SERVICE

                    LAW AND THE CORRECTION LAW, IN RELATION TO SALARIES OF CERTAIN STATE

                    OFFICERS AND EMPLOYEES EXCLUDED FROM COLLECTIVE NEGOTIATING UNITS; AND

                    MAKING AN APPROPRIATION FOR THE PURPOSE OF EFFECTUATING CERTAIN

                    PROVISIONS THEREOF (PART D).

                                 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.)

                                 MRS. PEOPLES-STOKES:  MEMBERS, THIS IS THE

                    FIRST VOTE OF MANY TODAY.  IF WE ARE IN AND AROUND THE CHAMBERS, IF WE

                    COULD COME IN AND CAST OUR VOTES, IT WOULD BE GREATLY APPRECIATED.

                    FIRST VOTE OF THE DAY.

                                 ACTING SPEAKER AUBRY:  FIRST VOTE OF THE DAY,

                    MEMBERS.  PLEASE, IF YOU'RE IN YOUR SEATS, CAST YOUR VOTE.  IF YOU ARE IN

                    THE SOUND OF OUR VOICE, COME TO THE CHAMBER AND VOTE.  IT'S ONLY THE

                    FIRST.  LET'S GET IT DONE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                          4



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 THE BILL IS PASSED.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, I WANT TO

                    TAKE THIS OPPORTUNITY TO, BEFORE WE GO TO OUR NEXT BILL, TO INTRODUCE A

                    GUEST THAT WE HAVE IN THE CHAMBERS WITH US TODAY.  HIS NAME IS LOGAN

                    DALMATA.  LOGAN IS THE THIRD-GRADE SON -- THERE HE IS OVER THERE -- OF

                    CHRIS.  CHRIS IS THE OPERATIONS MANAGER HERE, AND THIS IS LOGAN.  HE'S

                    VISITING WITH US, MR. SPEAKER.  I DID MAKE HIM AWARE THAT HE PICKED

                    ONE OF THE LONGEST DAYS OF SESSION TO COME.

                                 (LAUGHTER)

                                 BUT WE'RE ALWAYS PLEASED TO HAVE HIM.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  ON BEHALF

                    OF THE SPEAKER, ALL THE MEMBERS, YOUR DAD, WELCOME, LOGAN, TO THE

                    NEW YORK STATE ASSEMBLY.  WE EXTEND TO YOU THE PRIVILEGES OF THE

                    FLOOR.  I'M MADE TO UNDERSTAND THAT YOU HAVE BEEN ON THIS FLOOR MANY

                    TIMES HELPING YOUR DAD, BUT THE FIRST TIME THAT YOU'VE BEEN HERE WHEN

                    WE'VE BEEN IN SESSION.  SO, WELCOME.  WE HOPE TO SEE YOU AGAIN AND

                    AGAIN AND AGAIN.  THANK YOU, YOUNG MAN.

                                 (APPLAUSE)

                                 MAYBE THE BEST THING WE'LL DO TODAY.

                                 (LAUGHTER)

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  CHILDREN CAN ALWAYS BRING OUT THE BEST IN US.  SO, MR.

                    SPEAKER, IF WE COULD NOW MOVE TO PAGE 10, RULES REPORT NO. 46, ON

                                          5



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    DEBATE WITH MS. WEINSTEIN.

                                 ACTING SPEAKER AUBRY:  PAGE 10, RULES

                    REPORT NO. 46.

                                 THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A02008-C, RULES

                    REPORT NO. 46, BUDGET BILL.  AN ACT TO AMEND THE PUBLIC AUTHORITIES

                    LAW, IN RELATION TO CLARIFYING THE DORMITORY AUTHORITY'S AUTHORIZATION

                    TO FINANCE CERTAIN HEALTH CARE FACILITIES (PART A); TO AMEND CHAPTER 58

                    OF THE LAWS OF 2012 AMENDING THE PUBLIC AUTHORITIES LAW RELATING TO

                    AUTHORIZING THE DORMITORY AUTHORITY TO ENTER INTO CERTAIN DESIGN AND

                    CONSTRUCTION MANAGEMENT AGREEMENTS, IN RELATION TO EXTENDING THE

                    EFFECTIVENESS OF SUCH AUTHORIZATION (PART B); TO AMEND THE PUBLIC

                    AUTHORITIES LAW, IN RELATION TO THE TRANSFER AND CONVEYANCE OF CERTAIN

                    REAL PROPERTY (PART C); INTENTIONALLY OMITTED (PART D); TO AMEND THE

                    ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO WASTE TIRE

                    MANAGEMENT AND RECYCLING FEES (PART E); INTENTIONALLY OMITTED (PART

                    F); TO AMEND THE ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO

                    ESTABLISHING AUTHORITY TO SOLICIT FUNDS OR GIFTS AND ENTER INTO

                    PUBLIC-PRIVATE PARTNERSHIPS (PART G); TO AMEND THE ENVIRONMENTAL

                    CONSERVATION LAW, THE ALCOHOLIC BEVERAGE CONTROL LAW AND THE STATE

                    FINANCE LAW, IN RELATION TO ESTABLISHING GUIDELINES FOR BAG WASTE

                    REDUCTION (PART H); INTENTIONALLY OMITTED (PART I); INTENTIONALLY OMITTED

                    (PART J); INTENTIONALLY OMITTED (PART K); TO AMEND THE BANKING LAW, IN

                    RELATION TO STUDENT LOAN SERVICERS (PART L); TO AMEND PART FF OF CHAPTER

                    55 OF THE LAWS OF 2017 RELATING TO MOTOR VEHICLES EQUIPPED WITH

                                          6



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    AUTONOMOUS VEHICLE TECHNOLOGY, IN RELATION TO THE SUBMISSION OF

                    REPORTS AND IN RELATION TO EXTENDING THE EFFECTIVENESS THEREOF (PART M);

                    INTENTIONALLY OMITTED (PART N); INTENTIONALLY OMITTED (PART O);

                    INTENTIONALLY OMITTED (PART P); INTENTIONALLY OMITTED (PART Q); TO AMEND

                    CHAPTER 21 OF THE LAWS OF 2003, AMENDING THE EXECUTIVE LAW RELATING

                    TO PERMITTING THE SECRETARY OF STATE TO PROVIDE SPECIAL HANDLING FOR ALL

                    DOCUMENTS FILED OR ISSUED BY THE DIVISION OF CORPORATIONS AND TO

                    PERMIT ADDITIONAL LEVELS OF SUCH EXPEDITED SERVICE, IN RELATION TO

                    EXTENDING THE EFFECTIVENESS THEREOF (PART R); INTENTIONALLY OMITTED

                    (PART S); INTENTIONALLY OMITTED (PART T); AUTHORIZING UTILITY AND CABLE

                    TELEVISION ASSESSMENTS TO PROVIDE FUNDS TO THE DEPARTMENT OF HEALTH

                    FROM CABLE TELEVISION ASSESSMENT REVENUES AND TO THE DEPARTMENTS OF

                    AGRICULTURE AND MARKETS, ENVIRONMENTAL CONSERVATION, OFFICE OF

                    PARKS, RECREATION AND HISTORIC PRESERVATION, AND STATE FROM UTILITY

                    ASSESSMENT REVENUES; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS

                    UPON EXPIRATION THEREOF (PART U); INTENTIONALLY OMITTED (PART V); TO

                    AUTHORIZE THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT

                    AUTHORITY TO FINANCE A PORTION OF ITS RESEARCH, DEVELOPMENT AND

                    DEMONSTRATION, POLICY AND PLANNING, AND FUEL NY PROGRAMS, AS WELL AS

                    THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION'S CLIMATE CHANGE

                    PROGRAM AND THE DEPARTMENT OF AGRICULTURE AND MARKETS' FUEL NY

                    PROGRAM, FROM AN ASSESSMENT ON GAS AND ELECTRIC CORPORATIONS (PART

                    W); INTENTIONALLY OMITTED (PART X); TO AMEND CHAPTER 393 OF THE LAWS

                    OF 1994, AMENDING THE NEW YORK STATE URBAN DEVELOPMENT

                    CORPORATION ACT, RELATING TO THE POWERS OF THE NEW YORK STATE URBAN

                                          7



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    DEVELOPMENT CORPORATION TO MAKE LOANS, IN RELATION TO THE

                    EFFECTIVENESS THEREOF (PART Y); TO AMEND THE NEW YORK STATE URBAN

                    DEVELOPMENT CORPORATION ACT, IN RELATION TO EXTENDING CERTAIN

                    PROVISIONS RELATING TO THE EMPIRE STATE ECONOMIC DEVELOPMENT FUND

                    (PART Z); INTENTIONALLY OMITTED (PART AA); INTENTIONALLY OMITTED (PART

                    BB); INTENTIONALLY OMITTED (PART CC); INTENTIONALLY OMITTED (PART DD);

                    INTENTIONALLY OMITTED (PART EE); TO AMEND THE VEHICLE AND TRAFFIC LAW,

                    THE PUBLIC AUTHORITIES LAW, THE TAX LAW AND THE STATE FINANCE LAW,

                    IN RELATION TO PROVIDING CERTAIN METROPOLITAN TRANSPORTATION COMMUTER

                    DISTRICT SUPPLEMENTAL TAXES, SURCHARGES AND FEES TO THE METROPOLITAN

                    TRANSPORTATION AUTHORITY WITHOUT APPROPRIATION (PART FF);

                    INTENTIONALLY OMITTED (PART GG); TO AMEND CHAPTER 929 OF THE LAWS OF

                    1986 AMENDING THE TAX LAW AND OTHER LAWS RELATING TO THE

                    METROPOLITAN TRANSPORTATION AUTHORITY, IN RELATION TO EXTENDING CERTAIN

                    PROVISIONS THEREOF APPLICABLE TO THE RESOLUTION OF LABOR DISPUTES (PART

                    HH); INTENTIONALLY OMITTED (PART II); INTENTIONALLY OMITTED (PART JJ); TO

                    AMEND THE PUBLIC AUTHORITIES LAW, IN RELATION TO AUTHORIZING THE NEW

                    YORK POWER AUTHORITY TO DEVELOP ELECTRIC VEHICLE CHARGING STATIONS

                    (PART KK); TO AMEND THE PUBLIC AUTHORITIES LAW, IN RELATION TO THE

                    PROVISION OF RENEWABLE POWER AND ENERGY BY THE POWER AUTHORITY OF

                    THE STATE OF NEW YORK; AND PROVIDING FOR THE REPEAL OF CERTAIN

                    PROVISIONS OF SUCH LAW RELATING THERETO (PART LL); TO AMEND THE STATE

                    FINANCE LAW, IN RELATION TO ESTABLISHING THE PARKS RETAIL STORES FUND,

                    AND THE GOLF FUND, AS ENTERPRISE FUNDS (PART MM); TO AMEND THE PUBLIC

                    AUTHORITIES LAW, IN RELATION TO ALLOWING THE NEW YORK STATE OLYMPIC

                                          8



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    REGIONAL DEVELOPMENT AUTHORITY TO ENTER INTO CONTRACTS OR AGREEMENTS

                    CONTAINING INDEMNITY PROVISIONS IN ORDER TO HOST THE 2023 WORLD

                    UNIVERSITY GAMES TO BE HELD IN LAKE PLACID, NEW YORK (PART NN);

                    INTENTIONALLY OMITTED (PART OO); INTENTIONALLY OMITTED (PART PP);

                    INTENTIONALLY OMITTED (PART QQ); INTENTIONALLY OMITTED (PART RR); TO

                    AMEND THE ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO THE

                    DONATION OF EXCESS FOOD AND RECYCLING OF FOOD SCRAPS (PART SS); TO

                    AMEND CHAPTER 123 OF THE LAWS OF 2014, AMENDING THE VEHICLE AND

                    TRAFFIC LAW, THE GENERAL MUNICIPAL LAW, AND THE PUBLIC OFFICERS LAW

                    RELATING TO OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH

                    TRAFFIC-CONTROL INDICATIONS, IN RELATION TO EXTENDING THE PROVISIONS

                    THEREOF; TO AMEND CHAPTER 101 OF THE LAWS OF 2014, AMENDING THE

                    VEHICLE AND TRAFFIC LAW, THE GENERAL MUNICIPAL LAW, AND THE PUBLIC

                    OFFICERS LAW RELATING TO OWNER LIABILITY FOR FAILURE OF OPERATOR TO

                    COMPLY WITH TRAFFIC-CONTROL INDICATIONS IN THE CITY OF MT. VERNON, IN

                    RELATION TO EXTENDING THE EFFECTIVENESS THEREOF; TO AMEND CHAPTER 19 OF

                    THE LAWS OF 2009, AMENDING THE VEHICLE AND TRAFFIC LAW AND OTHER

                    LAWS RELATING TO ADJUDICATIONS AND OWNER LIABILITY FOR A VIOLATION OF

                    TRAFFIC-CONTROL SIGNAL INDICATIONS, IN RELATION TO EXTENDING THE

                    PROVISIONS OF SUCH CHAPTER; TO AMEND CHAPTER 99 OF THE LAWS OF 2014,

                    AMENDING THE VEHICLE AND TRAFFIC LAW, THE GENERAL MUNICIPAL LAW,

                    AND THE PUBLIC OFFICERS LAW RELATING TO OWNER LIABILITY FOR FAILURE OF

                    OPERATOR TO COMPLY WITH TRAFFIC-CONTROL INDICATIONS IN THE CITY OF NEW

                    ROCHELLE, IN RELATION TO EXTENDING THE EFFECTIVENESS THEREOF; TO AMEND

                    CHAPTER 746 OF THE LAWS OF 1988, AMENDING THE VEHICLE AND TRAFFIC

                                          9



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    LAW, THE GENERAL MUNICIPAL LAW AND THE PUBLIC OFFICERS LAW RELATING

                    TO THE CIVIL LIABILITY OF VEHICLE OWNERS FOR TRAFFIC CONTROL SIGNAL

                    VIOLATIONS, IN RELATION TO EXTENDING THE EFFECTIVENESS THEREOF; TO AMEND

                    LOCAL LAW NUMBER 46 OF THE CITY OF NEW YORK FOR THE YEAR 1989,

                    AMENDING THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK RELATING TO

                    CIVIL LIABILITY OF VEHICLE OWNERS FOR TRAFFIC CONTROL SIGNAL VIOLATIONS, IN

                    RELATION TO EXTENDING THE EFFECTIVENESS THEREOF; TO AMEND CHAPTER 23 OF

                    THE LAWS OF 2009, AMENDING THE VEHICLE AND TRAFFIC LAW AND THE

                    PUBLIC OFFICERS LAW RELATING TO ADJUDICATIONS AND OWNER LIABILITY FOR A

                    VIOLATION OF TRAFFIC-CONTROL SIGNAL INDICATIONS, IN RELATION TO EXTENDING

                    THE PROVISIONS OF SUCH CHAPTER; TO AMEND CHAPTER 222 OF THE LAWS OF

                    2015, AMENDING THE VEHICLE AND TRAFFIC LAW, THE GENERAL MUNICIPAL

                    LAW, AND THE PUBLIC OFFICERS LAW RELATING TO OWNER LIABILITY FOR FAILURE

                    OF AN OPERATOR TO COMPLY WITH TRAFFIC-CONTROL INDICATIONS IN THE CITY OF

                    WHITE PLAINS, IN RELATION TO EXTENDING THE PROVISIONS OF SUCH CHAPTER;

                    AND TO AMEND CHAPTER 20 OF THE LAWS OF 2009, AMENDING THE VEHICLE

                    AND TRAFFIC LAW, THE GENERAL MUNICIPAL LAW, AND THE PUBLIC OFFICERS

                    LAW, RELATING TO OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH

                    TRAFFIC CONTROL INDICATIONS, IN RELATION TO EXTENDING THE PROVISIONS

                    THEREOF; AND TO AMEND THE VEHICLE AND TRAFFIC LAW, IN RELATION TO

                    REPORTING REQUIREMENTS FOR TRAFFIC-CONTROL PHOTO VIOLATION MONITORING

                    SYSTEMS (PART TT); AND TO AMEND THE PUBLIC SERVICE LAW, IN RELATION TO

                    A WESTCHESTER COUNTY RENEWABLE ENERGY AND ENERGY EFFICIENCY

                    RESOURCES PROGRAM (PART UU),

                                 MR. GOODELL:  LAY IT ASIDE.

                                         10



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.

                                 (LAUGHTER)

                                 MS. WEINSTEIN:  I THOUGHT WE WERE HAVING SOME

                    COOPERATION.

                                 MR. GOODELL:  HOW ABOUT AN EXPLANATION, PLEASE?

                                 (LAUGHTER)

                                 ACTING SPEAKER AUBRY:  HOW -- HE DEVELOPED

                    A SENSE OF HUMOR LATE IN LIFE.  MR....

                                 MS. WEINSTEIN, AN EXPLANATION HAS BEEN REQUESTED.

                                 MS. WEINSTEIN:  SURELY.  AND I WILL DO A LITTLE BIT

                    OF AN EXPLANATION AS RELATING TO THE -- THE BUDGET AS A WHOLE BEFORE WE

                    ADDRESS THIS SPECIFIC BILL.

                                 SO, GOOD AFTERNOON, COLLEAGUES.  I STOOD HERE BEFORE

                    YOU WITH WHAT FEELS LIKE AN -- AN ETERNITY AGO PRESENTING OUR

                    ONE-HOUSE BUDGET RESOLUTION, OUR FIRST STEP ON THE JOURNEY TO PASS A

                    BUDGET FOR THIS UPCOMING STATE FISCAL YEAR.  SINCE THAT TIME, SPEAKER

                    HEASTIE, MEMBERS, COMMITTEE CHAIRS AND STAFF HAVE WORKED TO DELIVER

                    THE BUDGET THAT IS BEFORE US TODAY.  PREPARATION OF THIS BUDGET HAS NOT

                    BEEN EASY.  WE STARTED NEGOTIATING FROM A BASE WHERE REVENUE

                    PROJECTIONS HAD BEEN REDUCED BY $6 BILLION BETWEEN TWO FISCAL YEARS.

                    THERE WERE SUBSTANTIAL REDUCTIONS MADE TO MEDICAID AND TO LOCAL

                    ASSISTANCE.  THIS FISCAL CHALLENGE COMPELLED US TO PRIORITIZE SPENDING.

                    WE FIRST RESTORED CUTS TO MEDICAID AND MATCHED LAST YEAR'S INCREASE IN

                    FOUNDATION AID.  WE THEN LOOKED TO INVEST IN THE CONTINUATION OF

                    PROGRAMS THAT HAVE LONG -- HAVE A LONG AND PROVEN TRACK RECORD.

                                         11



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    INITIATIVES LIKE OPPORTUNITY AND HIGHER EDUCATION ACCESS PROGRAMS,

                    CHILDCARE, FACILITATED ENROLLMENT, SCHOOL-BASED HEALTH CENTERS,

                    AFTER-SCHOOL AND AGRICULTURAL PROGRAMS.  WE RESTORED FUNDING FOR THE

                    DWYER PEER SUPPORT PROJECT, WHICH ENJOYS TREMENDOUS SUPPORT IN THIS

                    BODY.

                                 MANY OF THE LEGISLATIVE PROPOSALS IN THE GOVERNOR'S

                    BUDGET, AS I MENTIONED DURING OUR ONE-HOUSE DEBATE, WERE REMOVED

                    AND MAY BE TAKEN UP IN THE COMING MONTHS OF SESSION.  CERTAIN

                    PROVISIONS REMAINED WHICH REQUIRED INTENSE DELIBERATIONS AND

                    CONSENSUS BUILDING.  AMONGST THOSE THAT WE'LL BE DISCUSSING TODAY AND

                    VOTING ON ARE CRIMINAL JUSTICE REFORMS -- LONG-AWAITED REFORMS IN

                    DISCOVERY, BAIL, SPEEDY TRIAL; MTA REFORMS; A SYSTEM TO AUTHORIZE

                    TOLLING IN THE CENTRAL BUSINESS DISTRICT OF MANHATTAN; AND A BAN ON

                    SINGLE-USE PLASTIC BAGS.  THIS BUDGET MAKES THE PROPERTY TAX CAP

                    PERMANENT.  ON TAXES, THE BUDGET CONTINUES AN ENHANCED RATE -- TAX RATE

                    ON HIGH-INCOME EARNERS AND PROVIDES FOR A CONTINUED PHASE-IN OF THE

                    MIDDLE CLASS TAX CUT.  IT ESTABLISHES A PROGRESSIVE PROPERTY TAX FOR

                    HIGHER-END PROPERTIES IN NEW YORK CITY, WITH REVENUES SUPPORTING

                    TRANSIT IN THE CITY OF NEW YORK.  THE BUDGET WOULD REQUIRE THE

                    TAXATION OF PURCHASES ON THE INTERNET, LEAVING THE PLAYING FIELD FOR OUR

                    LOCAL RETAILERS, LEVELING IT, AND PROVIDING AN INCREASED REVENUE SOURCE

                    TO STATE -- TO THE STATE AND TO LOCAL GOVERNMENTS.

                                 IN TERMS OF OTHER ACTIONS, THE BUDGET PROVIDES $2.3

                    MILLION TO CONVERT REDUCED PRICE TO FREE LUNCH; $10 MILLION FOR THE COST

                    TO IMPLEMENT EARLY VOTING; $14.7 MILLION FOR POLL BOOKS AND

                                         12



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    ON-DEMAND PRINTERS; AND A $59 MILLION RESTORATION TO -- TO AIM

                    FUNDING; $27 MILLION TO FUND THE SENATOR JOSEPH [SIC] PERALTA DREAM

                    ACT; $20 MILLION TO CONTINUE FORECLOSURE PREVENTION SERVICES; AND $20

                    MILLION FOR OUTREACH EFFORTS RELATED TO THE 2020 CENSUS.  THERE IS MUCH

                    MORE IN THE BUDGET WE WILL BE ADOPTING TODAY, AND WE WILL DISCUSS

                    THOSE AS WE GO THROUGH SOME OF THOSE BILLS.

                                 MY COLLEAGUES, I -- I KNOW IT'S BEEN A LONG WEEK AND

                    WE'RE IN FOR A -- A LONG DAY -- AND -- AND NIGHT.  SO I WANT TO THANK ALL

                    OF OUR -- ALL OF THE MEMBERS ON BOTH SIDES OF THE -- THE AISLE FOR YOUR

                    COOPERATION AND PATIENCE IN ADVANCE OF OUR DELIBERATIONS TODAY, AND I'D

                    BE HAPPY TO RESPOND TO SOME QUESTIONS BOTH ON THIS BILL AND ON THE -- I

                    ASSUME ON THE GENERAL BUDGET AS WE MOVE FORWARD TODAY.

                                 ACTING SPEAKER AUBRY:  MR. BARCLAY.

                                 MR. BARCLAY:  THANK YOU, MR. SPEAKER.  AND I

                    APPRECIATE THE CHAIRWOMAN'S WILLINGNESS TO YIELD.

                                 WILL YOU YIELD?

                                 MS. WEINSTEIN:  YES, OF COURSE.

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN

                    YIELDS.

                                 MS. WEINSTEIN:  YES.

                                 MR. BARCLAY:  WE HAD A NICE QUOTE FROM... THE

                    MAJORITY LEADER, AND WE HAVE LOGAN HERE, I GUESS AS THE SPEAKER SAID,

                    IT'S ALL DOWNHILL FROM THERE, BUT...

                                 (LAUGHTER)

                                 LET'S HOPE NOT.  THANK YOU FOR LAYING OUT -- YOU LAID

                                         13



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    OUT, OBVIOUSLY, THE BUDGET, AND -- THE FULL BUDGET --

                                 MS. WEINSTEIN:  RIGHT.

                                 MR. BARCLAY:  WE, UNFORTUNATELY, HAVE NOT BEEN

                    ABLE TO SEE EVERYTHING IN THE FULL BUDGET, SO, WE -- I GUESS WE HAVE TO

                    TRUST YOU, OR --

                                 MS. WEINSTEIN:  TAKE MY WORD.

                                 MR. BARCLAY:  -- BUT WE'D LIKE TO VERIFY --

                                 MS. WEINSTEIN:  YOU --

                                 MR. BARCLAY:  WE WOULD LIKE TO VERIFY.

                                 MS. WEINSTEIN:  BEFORE THE DAY AND NIGHT ENDS

                    WE'LL -- WE'LL SEE THOSE NUMBERS.

                                 MR. BARCLAY:  SO, CAN WE -- THAT'S GOOD TO HEAR.

                    CAN WE GO THROUGH ALL -- FOR THE PUBLIC THAT DOESN'T KNOW, WE VOTE ON

                    TEN BUDGET BILLS.  IT'S NOT ALL CONTAINED IN ONE BUDGET BILL.  COULD YOU

                    GO DOWN THROUGH EACH OF THOSE TEN AND JUST TELL US WHERE YOU ARE AND

                    WHEN WE CAN EXPECT TO SEE MAYBE THE FULL, COMPLETE BUDGET?

                                 MS. WEINSTEIN:  RIGHT.  SO, WE HAVE -- WE ALREADY

                    DID DEBT SERVICE.  WE HAVE TRANSPORTATION HERE.  WE HAVE EDUCATION

                    (ELFA) IS ON THE FLOOR.  WE HAVE PUBLIC PROTECTION IN THIS CALENDAR ON

                    THE FLOOR.  WE DID REPORT, AS YOU KNOW, FROM WAYS AND MEANS, THE

                    HEALTH -- MENTAL HEALTH.  WE -- THAT BILL IS NOT LIVE, SO WE WILL AWAIT A

                    MESSAGE ON THAT.  LOCAL ASSISTANCE IS PRINTED.  THE CAPITAL IS PRINTED.

                    AND -- SO, THE OUTSTANDING IS STATE OPS, REVENUE AND THE JUDICIAL-LEGI

                    BUDGET.

                                 MR. BARCLAY:  AND DO YOU HAVE ANY IDEA WHEN

                                         14



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    THOSE LAST THREE -- ARE WE ONE MINUTE TO MIDNIGHT, OR ARE WE 24 HOURS TO

                    MIDNIGHT?

                                 MS. WEINSTEIN:  I -- THEY WILL BE --

                                 MR. BARCLAY:  IN BETWEEN.

                                 MS. WEINSTEIN:  THEY WILL BE AVAILABLE SOME --

                    PRINTED SOMETIME TODAY.

                                 MR. BARCLAY:  AND THEY -- IS IT YOUR

                    UNDERSTANDING THAT THE REVENUE BILL WILL BE WHAT THEY CLAIM IS "THE BIG

                    UGLY" THAT EVERYTHING THAT DOESN'T GET INTO THESE OTHER BILLS THAT MAYBE

                    TRADITIONALLY WOULD GO IN THOSE BILLS ARE ALL GOING TO BE JAMMED INTO

                    THE REVENUE BILL?

                                 MS. WEINSTEIN:  THE REVENUE BILL WILL CONTAIN

                    SOME OF THE MORE DIFFICULT ISSUES THAT WE HAD TO DEAL WITH IN

                    COMPLETING THIS BUDGET, SO THEY WILL, IN FACT, BE INCLUDED IN -- IN THE

                    REVENUE BILL.

                                 MR. BARCLAY:  ALL RIGHT.  THANK YOU, HELENE.

                    YOU KNOW, ONE OF THE CHALLENGES -- I MENTIONED THIS IN WAYS AND

                    MEANS, AND I THINK ONE OF THE CHALLENGES WE HAVE ON THIS SIDE IS WE

                    DON'T HAVE A FULL PICTURE.  SO, EVEN ON SOME OF THESE BILLS, WE MIGHT

                    AGREE WITH THE FUNDING, WE MIGHT AGREE WITH THE PROGRAMS, BUT WE

                    DON'T KNOW WHERE THE FUNDING IS COMING FOR THOSE PROGRAMS, IT'S HARD

                    FOR US TO SUPPORT THEM.  SO, I JUST WANT TO -- YOU WERE KIND ENOUGH TO

                    SHARE SOME OF THIS INFORMATION IN WAYS AND MEANS, AND I WANT TO --

                    MAYBE YOU CAN SHARE WITH THE FLOOR AND WHOEVER IS --

                                 MS. WEINSTEIN:  SURE.

                                         15



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MR. BARCLAY:  -- HAPPENS TO BE WATCHING IN

                    PUBLIC.  WE HAVE, OBVIOUSLY, FOUR MAJOR FUNDS THAT WE PUT IN -- IN OUR

                    BUDGET.  WE HAVE THE ALL FUNDS, THE STATE OPERATING FUNDS, THE

                    GENERAL FUNDS AND THE STATE FUNDS.

                                 MS. WEINSTEIN:  CORRECT.

                                 MR. BARCLAY:  YOU SHARED WHAT THOSE AMOUNTS

                    WERE GOING TO BE IN EACH OF THOSE.  COULD -- WOULD YOU MIND DOING

                    THAT FOR EVERYBODY, AND THEN, ALSO, WHAT PERCENTAGE THEY ARE OVER WHAT

                    THE GOVERNOR PROPOSED?

                                 MS. WEINSTEIN:  SURE.  I'D BE HAPPY TO.  SO, WHY

                    DON'T WE START -- WE'LL START ON THE BIGGER NUMBER, IS OUR -- THE ALL

                    FUNDS BUDGET IS $175.39 BILLION.  IT'S AN INCREASE OF $247 MILLION, OR.1

                    PERCENT OVER THE EXECUTIVE.  THEN MOVING TO THE GENERAL FUND, THAT IS

                    $76.425 BILLION, AN INCREASE OF $197 MILLION, OR .3 PERCENT OVER THE

                    EXECUTIVE.  STATE OPERATING FUNDS IS $102.190 BILLION, IT'S AN INCREASE

                    OF $232 MILLION, OR .2 PERCENT OVER THE EXECUTIVE.  AND THEN FINALLY,

                    STATE FUNDS IS $113.83 BILLION, WHICH IS AN INCREASE OF $247 MILLION, OR

                    .2 PERCENT OVER THE EXECUTIVE.

                                 MR. BARCLAY:  SO -- I APPRECIATE THAT.  SO, WE

                    OBVIOUSLY, IN EACH FUND ARE ADDING MORE SPENDING.  IS IT OUR CONTENTION

                    -- THEN, OBVIOUSLY, AS THE GOVERNOR MADE A POINT EARLIER THIS YEAR THAT

                    WE HAD A $2.3 BILLION SHORTFALL.  OTHER ECONOMISTS HAVE SAID IT'S NOT

                    THAT MUCH, BUT ALMOST EVERYBODY SAYS IT'S LESS THAN WHAT WE THOUGHT

                    WE HAD.  I GUESS WE CAN DIVINE FROM THE TEA LEAVES THAT OBVIOUSLY

                    THERE'S GOING TO HAVE TO BE SUBSTANTIAL REVENUE RAISERS IN THIS, OR

                                         16



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    ENHANCEMENTS, I THINK AS YOU LABELED THEM, IN THIS BUDGET?

                                 MS. WEINSTEIN:  THERE ARE, BUT IN PARTICULAR, AS

                    WE'LL SEE IN THE REVENUE BILL, SOME OF THE -- THE INCREASES ARE FOR THE

                    NEW YORK CITY TRANSIT AND -- WELL, THE MTA TRANSIT.

                                 MR. BARCLAY:  AND JUST TO PROVIDE CLARITY FOR MY

                    COLLEAGUES, SETTLEMENT FUNDS, WE WERE ABLE TO SETTLE WITH A LOT OF

                    FINANCIAL INSTITUTIONS IN THE PAST THAT RAISED A SUBSTANTIAL AMOUNT OF

                    MONEY FOR THE STATE.  ARE WE USING THOSE TO BALANCE OUR BUDGET?

                                 MS. WEINSTEIN:  WE HAVE MADE NO CHANGE FROM

                    THE EXECUTIVE IN THE USE OF SETTLEMENT FUNDS.

                                 MR. BARCLAY:  AND THEN ONE LAST GENERAL

                    QUESTION, IF YOU COULD ENLIGHTEN ME ON HOW MUCH DEBT IS IN THIS

                    BUDGET?

                                 MS. WEINSTEIN:  IT'S -- IT'S THE SAME AS THE

                    EXECUTIVE'S PROPOSAL, THE --

                                 MR. BARCLAY:  AND WHAT IS THAT?

                                 MS. WEINSTEIN:  JUST A VERY SMALL CHANGE.

                                 (PAUSE)

                                 JUST -- JUST OVER $7 BILLION NEW DEBT IS BEING ISSUED.

                    BUT IN TERMS OF WHAT IS NEW DEBT IN THE BUDGET THAT'S AUTHORIZED IS -- IS

                    FOR POLL BOOKS AND... AND THEN $100 MILLION AS AN MTA -- A LOAN TO THE

                    MTA THAT WILL BE PAID BACK.

                                 MR. BARCLAY:  AND THAT WILL BE IN THE REVENUE

                    BILL?

                                 MS. WEINSTEIN:  YES.

                                         17



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MR. BARCLAY:  OKAY.  THANKS.  NOW, COULD I --

                    THANK YOU FOR THE -- ANSWERING THE GENERAL QUESTIONS.  I MOVE TO SOME

                    QUESTIONS I HAD ON THIS TED BILL.  YOU KNOW, I WAS READING THROUGH

                    THESE BILLS, THE ONE THING THAT STRUCK ME WAS THE "SUSTAINABLE

                    MANAGEMENT OF FOOD WASTE."  I HADN'T SEEN THAT BEFORE.  I -- IT WAS KIND

                    OF A NEW IDEA TO ME.  HAS ANY OTHER STATE IMPLEMENTED THIS TYPE OF

                    LEGISLATION?

                                 OR MAYBE JUST BACK UP.  COULD SOMEONE EXPLAIN THE

                    BILL BRIEFLY, OR THAT PROPOSAL IN THIS BILL?

                                 MS. WEINSTEIN:  SO, NEW YORK CITY DOES HAVE A

                    -- A PROPOSAL.  IN TERMS OF OTHER STATES, I'M -- I'M NOT SURE.  BUT IT -- IT

                    DOES REQUIRE LARGE-SCALE FOOD SCRAP GENERATORS TO SEPARATE AS MUCH

                    EDIBLE FOOD AS POSSIBLE FOR DONATION AND SEPARATE FOOD SCRAPS FOR

                    ORGANIC RECYCLING IF WITHIN 25 MILES OF AN ORGANICS RECYCLER.  WE

                    SPECIFICALLY EXEMPT HOSPITALS, NURSING HOMES, ADULT CARE FACILITIES,

                    ELEMENTARY AND -- AND HIGH -- SECONDARY SCHOOLS.  AND "LARGE SCALE" IS

                    DEFINED AS GENERATING TWO TONS OR MORE OF FOOD WASTE PER -- PER WEEK.

                    BECAUSE OF THAT STANDARD, MOST RESTAURANTS WOULD BE EXCLUDED FROM

                    BEING REQUIRED TO FOLLOW THE PROVISIONS OF THE BILL, THOUGH, OBVIOUSLY,

                    THEY COULD PARTICIPATE.

                                 MR. BARCLAY:  ANY IDEA OF HOW MANY FOOD SCRAP

                    GENERATORS THERE ARE GOING TO BE?

                                 MS. WEINSTEIN:  IT -- IT -- I THINK IT'S REALLY GOING

                    TO BE HARD TO FIGURE OUT THAT NUMBER UNTIL WE ACTUALLY START TO SEE --

                                 MR. BARCLAY:  AND THE DEC'S GOING TO -- WHO'S

                                         18



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    GOING TO DO THE WEIGH-IN?  SELF -- SELF REPORTED --

                                 MS. WEINSTEIN:  WE WILL BE WAITING FOR DEC TO

                    ESTABLISH RIGHTS AS TO HOW THEY'RE GOING TO CALCULATE IT.  THEY'RE NOT

                    GOING TO BE BRINGING SCALES TO EACH ESTABLISHMENT.

                                 MR. BARCLAY:  I THINK ONE OF THE PROBLEMS WE

                    HAVE, OR WE OFTEN HAVE MAYBE WITH SOME OF THE BILLS THAT ARE PROPOSED

                    BY THE MAJORITY IS UNFUNDED MANDATES.  WE -- WE'VE PUT A LOT OF

                    BURDEN NOT ONLY ON OUR TAXPAYERS, BUT ALSO ON OUR LOCALITIES AND

                    BUSINESSES THROUGHOUT NEW YORK STATE.  IT'S ONE OF THE CONSTANT

                    REFRAINS WE HEAR, AT LEAST ON THIS SIDE OF THE AISLE.  AND SO THE CONCERN

                    WE HAVE ON THIS IS, YOU KNOW, WHAT THE COST IS GOING TO BE AND WHO'S

                    GOING TO BEAR THE COST.  SO, IF I UNDERSTAND IT RIGHT, EITHER YOU'VE GOT TO

                    DONATE THE EDIBLE FOOD SCRAPS, OR IF YOU LIVE WITHIN -- OR YOU'RE LOCATED

                    WITHIN 25 MILES OF AN ORGANIC RECYCLER, YOU'VE GOT TO TAKE IT THERE.

                    WHO PAYS FOR THAT?

                                 MS. WEINSTEIN:  WELL, I MEAN -- THE GENERATOR OF

                    THE -- OF THE FOOD SCRAPS --

                                 MR. BARCLAY:  RIGHT.

                                 MS. WEINSTEIN:  -- WOULD -- WOULD PAY FOR IT.

                    AND, YOU KNOW, IN TERMS OF -- WHEN YOU MENTION MANDATE, OBVIOUSLY,

                    LOCALITIES ARE NOW PAYING FOR THIS, AND THE GENERATORS OF THESE FOOD

                    SCRAPS ARE PAYING FOR IT IN TERMS OF THEIR SANITATION COSTS.  THEY'RE

                    PAYING COMMERCIAL FACILITIES, THEY'RE PAYING FOR THE REMOVAL OF THIS

                    MATERIALS --

                                 MR. BARCLAY:  WELL --

                                         19



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MS. WEINSTEIN:  -- ANYWAY AS TRASH --

                                 MR. BARCLAY:  YEAH, IF THEY'RE SEPARATED, THAT'S --

                    THAT'S A SUBSTANTIAL --

                                 MS. WEINSTEIN:  AND THE LOCALITIES ARE PAYING TO --

                    EITHER PEOPLE PAYING FOR THE -- IN SOME LOCALITIES PEOPLE INDIVIDUALLY

                    PAY FOR TRASH, IN SOME LOCALITIES THE MUNICIPALITY IS PROVIDING THE -- THE

                    SERVICES THROUGH TAX DOLLARS.  SO IT WILL CERTAINLY --

                                 MR. BARCLAY:  SO, IT'S YOUR CONTENTION --

                                 MS. WEINSTEIN:  -- REDUCE COSTS.

                                 MR. BARCLAY:  -- THAT IT'S GOING TO BE COST NEUTRAL?

                    IS THAT YOUR CONTENTION?

                                 MS. WEINSTEIN:  YES, THAT'S -- YES, THAT IS WHAT WE

                    --

                                 MR. BARCLAY:  OKAY.

                                 MS. WEINSTEIN:  -- BELIEVE.  IT'S COST NEUTRAL AND

                    SAVES AND HELPS THE ENVIRONMENT.

                                 MR. BARCLAY:  ALL RIGHT.  I WILL COME BACK IN A

                    FEW YEARS AND WE'LL SEE IF THAT -- IF I'M STILL HERE, WHETHER THAT'S THE CASE

                    OR NOT.  THANK YOU, CHAIRWOMAN.

                                 SWITCHING OVER TO ENERGY, YOU HAVE A LOT OF

                    PROVISIONS IN THIS BILL ALLOWING NYPA TO DO A NUMBER OF THINGS.  FIRST,

                    CHARGING STATIONS.

                                 MS. WEINSTEIN:  YES.

                                 MR. BARCLAY:  AND WHAT ARE THE DETAILS ON THAT?

                    IT -- IT'S A -- IT GIVES THEM THE ABILITY TO PUT CHARGING STATIONS

                                         20



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    THROUGHOUT THE STATE.  HOW MANY, HOW THEY WORK, HOW MUCH CAN THEY

                    SPEND ON THEM?

                                 MS. WEINSTEIN:  WE DON'T HAVE THE -- I MEAN,

                    THERE AREN'T SPECIFIC NUMBERS THAT WE REQUIRE IN TERMS OF THE NUMBER OF

                    CHARGING STATIONS THIS GIVES THEM THE AUTHORITY TO DO --

                                 MR. BARCLAY:  ISN'T THAT --

                                 MS. WEINSTEIN:  -- THIS.

                                 MR. BARCLAY:  -- A PRETTY WIDE OPEN AUTHORITY?  I

                    MEAN, THEY COULD PUT IT ON EVERY BLOCK.  WHAT'S...

                                 (PAUSE)

                                 MS. WEINSTEIN:  THERE IS AN ANNUAL REPORT THAT'S

                    REQUIRED BY -- BY NYPA ONCE THEY START TO --

                                 MR. BARCLAY:  SO, IF THEY GO HOG-WILD, WE CAN --

                    WE'LL KNOW ABOUT IT --

                                 MS. WEINSTEIN:  WE CAN ALWAYS ACT ON IT HERE.

                                 MR. BARCLAY:  -- WE CAN PULL BACK.  ALL RIGHT.

                                 THE TRANSMISSION SITING OF WIND FACILITIES AND BUILDING

                    THE TRANSMISSION LINES FROM THAT, IT'S A CONCERN WHERE I LIVE, BECAUSE

                    THERE ARE A NUMBER OF - OF WIND FACILITIES BEING PROPOSED THERE.  WOULD

                    NYPA UNDER THAT SITUATION STILL BE SUBJECT TO ARTICLE VII SITING LAWS, OR

                    ARE THEY EXEMPT FROM THAT?

                                 MS. WEINSTEIN:  NO, THEY WOULD -- THEY WOULD

                    STILL BE SUBJECT TO THE SITING LAWS.

                                 MR. BARCLAY:  AND JUST FOR CLARIFICATION, THIS IS --

                    ALTHOUGH I DON'T KNOW IF IT SAYS IT SPECIFICALLY IN THE BILL, IT'S REALLY

                                         21



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    LOOKING AT THE OFFSHORE WIND IN LONG ISLAND, OR IS THIS REALLY APPLYING

                    TO ANYWHERE THEY WANT TO PUT TRANSMISSION LINES TO TRY TO HOOK UP WIND

                    POWER?

                                 MS. WEINSTEIN:  OFFSHORE IN GENERAL.

                                 MR. BARCLAY:  BUT IS THERE ANY PROHIBITION ON

                    THEM FROM DOING IT ELSEWHERE?

                                 (PAUSE)

                                 MS. WEINSTEIN:  EXCUSE ME, ONE...

                                 RIGHT.  I -- I THINK THE ONLY RESTRICTION IS THAT THEY ARE

                    FEDERAL WATERS THAT THESE ARE GOING TO BE IN, AND THEN THE ENERGY HAS TO

                    COME INTO NEW YORK STATE --

                                 MR. BARCLAY:  WELL --

                                 MS. WEINSTEIN:  -- THAT'S GENERATED BY THEM.

                                 MR. BARCLAY:  JUST -- OKAY.  SO MY QUESTION,

                    THOUGH, I -- AGAIN, THIS IS MORE MY LOCAL CONCERN IS --

                                 MS. WEINSTEIN:  RIGHT.

                                 MR. BARCLAY:  -- IS THE TRANSMISSION FROM WIND

                    POWER BEING DONE IN THE NORTH COUNTRY.  THIS ISN'T ENVISIONING NYPA

                    BUILDING TRANSMISSION LINES UP THERE, THIS IS ENVISIONING THEM BUILDING

                    TRANSMISSION LINES TO GET THE WIND POWER, ELECTRICITY, ONTO THE SOUND --

                    OR ONTO THE ISLAND, RIGHT?

                                 MS. WEINSTEIN:  YES.

                                 MR. BARCLAY:  YES?

                                 MS. WEINSTEIN:  YES.

                                 MR. BARCLAY:  OKAY.  AND JUST, THEN MY FINAL --

                                         22



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    JUST MOVING OVER TO MWBE.  YOUR BILL REQUIRES MUNICIPALITIES NOW TO

                    BE SUBJECT TO MWBE?

                                 MS. WEINSTEIN:  YEAH.  THIS IS JUST A ONE-YEAR

                    EXTENDER.

                                 MR. BARCLAY:  BUT THEY ARE SUBJECT TO IT NOW.

                                 MS. WEINSTEIN:  YES.  YES.

                                 MR. BARCLAY:  OKAY.  THANK YOU, CHAIRWOMAN.  I

                    MAY COME BACK FOR MY SECOND 15 --

                                 MS. WEINSTEIN:  SURE.

                                 MR. BARCLAY:  -- BUT I APPRECIATE YOUR

                    INDULGENCE.

                                 THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MR. FRIEND.

                                 MR. FRIEND:  THANK YOU, MR. SPEAKER.  WOULD THE

                    SPONSOR YIELD?

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN, WILL

                    YOU YIELD?

                                 MS. WEINSTEIN:  YES.

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN

                    YIELDS.

                                 MR. FRIEND:  I DO HAVE A COUPLE OF QUESTIONS.

                                 MS. WEINSTEIN:  SURE.

                                 MR. FRIEND:  I'LL START OUT WITH TRANSPARENCY.  AND...

                    DOES THIS BUDGET STILL INCLUDE SPECIFIC ARTICLE VII LANGUAGE TO CREATE A

                                         23



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    DATABASE FOR DEALS?

                                 MS. WEINSTEIN:  NO.

                                 MR. FRIEND:  HOW ABOUT, DOES THE BUDGET RESTORE

                    THE COMPTROLLER'S PREAUDIT AUTHORITY FOR STATE-AUTHORIZED FOUNDATIONS?

                                 MS. WEINSTEIN:  NO.

                                 MR. FRIEND:  DOES THE BUDGET CONTAIN ANY

                    MEANINGFUL TRANSPARENCY TO PROTECT THE TAXPAYERS FROM EITHER THE

                    GOVERNOR OR THE LEGISLATURE THROWING $25,000-A-PLATE FUNDRAISERS FOR

                    FRIENDS AND EXISTING BUSINESSES BEFORE THE STATE?

                                 MS. WEINSTEIN:  THERE'S NOTHING... THERE'S NOTHING

                    IN THIS BILL THAT WOULD RELATE TO THAT.

                                 MR. FRIEND:  WOULD THERE MAYBE BE SOMETHING

                    COMING UP IN FUTURE BILLS FOR A DATABASE OF DEALS, OR SOMETHING TO

                    PROVIDE THAT OVERSIGHT?

                                 MS. WEINSTEIN:  NOT... AS IT RELATES TO DATABASE OF

                    DEALS, NOT IN THIS BUDGET.  BUT CERTAINLY, AS I MENTIONED EARLIER, THERE

                    ARE POLICY ISSUES THAT WE WILL CONTINUE TO DISCUSS AS OUR -- OUR SESSION

                    CONTINUES.

                                 MR. FRIEND:  I JUST WANT TO POINT OUT THAT ACCORDING

                    TO THE CITIZENS BUDGET COMMISSION, NEW YORK SPENT $9.9 BILLION ON

                    STATE AND LOCAL ECONOMIC DEVELOPMENT EFFORTS IN 2018.  THAT WAS UP

                    $1.4 BILLION, AND 17 PERCENT FROM $8.5 BILLION IN 2016.  MANY OF THESE

                    SUBSIDIES CAME IN THE FORM OF TAX ABATEMENTS, TAX CREDITS, LOW- OR NO-

                    INTEREST LOANS, GRANTS, CAPITAL INVESTMENTS.  AND I BELIEVE THAT THESE

                    ECONOMIC DEVELOPMENT PROGRAMS AND INCENTIVES ARE SEVERELY LACKING

                                         24



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    IN OVERSIGHT AND -- AND A RETURN ON INVESTMENT.  JUST IN -- IN THE

                    SOUTHERN TIER ALONE, WE HAVE OVER 5,000 JOBS THAT ARE READY FOR

                    SOMEBODY TO FILL THOSE POSITIONS.  WE'RE NOT HAVING THE AMAZONS COME

                    INTO OUR REGION.  WE DON'T HAVE THE BUFFALO BILLION.  WE DON'T HAVE THE

                    PHOTONICS PLANT THAT WAS SOLD FOR A DOLLAR UP IN ONONDAGA COUNTY.  BUT

                    WE DO HAVE THESE SMALL BUSINESSES THAT ARE READY TO EMPLOY PEOPLE AND

                    PUT THEM TO WORK, BUT WE JUST DON'T HAVE THAT ABILITY TO BRING THAT

                    MONEY IN.  IF WE HAD THIS DATABASE OF DEALS THAT KIND OF MAKE SURE THAT

                    THERE'S MORE TRANSPARENCY, MAYBE THE MONEY WOULD BE SPENT MORE --

                    MORE EFFECTIVELY.

                                 I'M GOING TO MOVE ON TO ANOTHER TOPIC.  MY COLLEAGUE

                    JUST BROUGHT UP THE MWBE.  THE GOVERNOR PROPOSED SEVERAL CHANGES

                    TO THE MWBE PROGRAM, INCLUDING MAKING LOCAL GOVERNMENTS SUBJECT

                    TO MWBE QUOTAS.  I REALIZE THAT THIS HAS BEEN INTENTIONALLY OMITTED

                    FROM THIS PORTION.  ARE WE STILL DISCUSSING THAT IN A FUTURE PORTION OF

                    THE BILL?

                                 MS. WEINSTEIN:  WE -- WE ARE DISCUSSING THE

                    PROGRAM AND CHANGES TO THE PROGRAM THAT THE MEMBERS AND

                    ORGANIZATIONS WITHIN OUR STATE HAVE BROUGHT UP.  AND AS I SAID EARLIER,

                    THE LEGISLATIVE SESSION HAS -- ONCE WE ADOPT THE BUDGET, WE STILL HAVE

                    SEVERAL MONTHS AND WE ANTICIPATE WORKING ON THAT ISSUE AS WELL AS

                    OTHERS THAT WE HAVE OMITTED FROM THE BUDGET.

                                 MR. FRIEND:  OKAY.  AND DO YOU HAVE REFERENCES TO

                    THE 2016 DISPARITY STUDY, THE DATA THAT THEY USED FOR ROLLING OUT THE

                    INITIAL PLAN THAT THE GOVERNOR USED?

                                         25



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MS. WEINSTEIN:  YEAH, THE -- YOU KNOW, IT IS STILL

                    IN LAW, THE REGS ARE STILL IN LAW.  BUT AS I SAID, WE'RE -- HERE WE'RE JUST

                    DOING THE ONE-YEAR EXTENDER, AND WE PROBABLY WILL HAVE SOME LATER

                    DISCUSSIONS ON THIS --

                                 MR. FRIEND:  CAN YOU JUST REFRESH --

                                 MS. WEINSTEIN:  -- OUTSIDE OF THE BUDGET.

                                 MR. FRIEND:  WHAT -- WHAT IS THE CURRENT

                    REGULATION, THEN?  IS IT 30 PERCENT THAT WE HAVE TO CONTRACT OUT, OR...

                                 MS. WEINSTEIN:  YES.  PURSUANT TO THE EXECUTIVE

                    ORDER, 30 PERCENT.

                                 MR. FRIEND:  OKAY.  I'M GOING TO GO ON THE BILL, BUT

                    I'M GOING TO ASK A COUPLE OF MORE QUESTIONS, JUST -- I JUST HAVE SOME

                    LETTERS I'D LIKE TO READ.

                                 MS. WEINSTEIN:  OKAY.

                                 MR. FRIEND:  SO, ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. FRIEND:  I HAVE A LETTER FROM THE INTERNATIONAL

                    BROTHERHOOD OF ELECTRICAL WORKERS.  THEY HAVE A MEMORANDUM IN

                    OPPOSITION TO THE MWBE POSITION THAT'S OUT THERE.  FIRST OFF, THE 2016

                    DISPARITY STUDY, IT IS IN THEIR POSITION THAT THE METHODOLOGY OF THE 2016

                    DISPARITY STUDY IS FLAWED.  IT FAILS TO TAKE ACCOUNT OF THE DIFFERENCES IN

                    LOCATIONS OF MWBE AVAILABILITY IN THE REGIONS OF UPSTATE NEW YORK,

                    PARTICULARLY THE SOUTHERN TIER, THE NORTH COUNTRY, AND CENTRAL NEW

                    YORK.  ANY DISPARITY IN THOSE REGIONS ARE DUE TO RACE-NEUTRAL REASONS

                    BASED ON DEMOGRAPHIC POPULATIONS.  THIS BILL WOULD ADOPT THE

                                         26



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    CONCLUSIONS OF THE 2016 DISPARITY STUDY DESPITE CURRENT LITIGATION

                    REVIEWING SUCH METHODOLOGY.

                                 THEIR SECOND POINT, CITY OF RICHMOND V. J.A. CROSON.

                    THE EXECUTIVE'S MEMO STATES THAT THIS LEGISLATION MEETS THE

                    REQUIREMENTS OF CROSON FOR AN MWBE PROPOSAL TO NOT VIOLATE THE

                    EQUAL PROTECTION CLAUSE OF THE 14TH AMENDMENT.  THE INTERNATIONAL

                    BROTHERHOOD OF ELECTRICAL WORKERS DISAGREE WITH THAT POINT.  THEIR

                    CLAIM IS THIS LEGISLATION IS NOT A NARROWLY-TAILORED REMEDY.  IT VIOLATES

                    CROSON'S PROHIBITION THAT A MINORITY ENTREPRENEUR FROM ANYWHERE IN

                    THE COUNTRY ENJOY AN ABSOLUTE PREFERENCE OVER OTHER CITIZENS BASED

                    SOLELY ON THEIR RACE.  WE THINK IT IS OBVIOUS THAT SUCH A PROGRAM IS NOT

                    NARROWLY TAILORED TO REMEDY THE EFFECTS OF PAST DISCRIMINATION.

                                 THEIR THIRD POINT, LOCATION.  LOCATION, LOCATION.  THE

                    GOVERNOR'S BILL SPECIFICALLY REMOVES THE CRITERIA OF MWBES LOCATED IN

                    THE REGION OF PROPOSED PROCUREMENT TO AVAILABILITY ANYWHERE INSIDE OR

                    OUTSIDE THE STATE OF NEW YORK AS TO WHETHER A WAIVER SHALL BE GRANTED.

                    IT ALSO GIVES ALMOST ABSOLUTE DISCRETION TO THE DIRECTOR OF THE MWBE

                    DIVISION TO DECIDE WHAT "AVAILABILITY" MEANS.  THIS IS

                    UNCONSTITUTIONALLY VOID FOR VAGUENESS IN CONSIDERING THE POWER OF AN

                    ADMINISTRATIVE OFFICIAL AND VIOLATES CROSON.

                                 THIS IS ALSO A MAJOR ISSUE IN THE SOUTHERN TIER.  WE

                    DON'T HAVE A 30 PERCENT MWBE PARTICIPATION RATE IN THE SOUTHERN TIER.

                    THE MAJORITY OF OUR CONTRACTORS END UP HAVING TO GO OUTSIDE OF NOT

                    ONLY OUR REGION AND SPEND LOCAL TAX DOLLARS, STATE TAX DOLLARS EITHER IN

                    SYRACUSE, NEW YORK CITY OR EVEN OUT OF STATE.  AND AT MOST TIMES, IT

                                         27



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    DELAYS THE RATE AT WHICH WE CAN GET PROJECTS DONE IN THE SOUTHERN TIER.

                                 THE INTERNATIONAL BROTHERHOOD'S FOURTH POINT:  THEY

                    SUPPORT THE MWBE GOALS OF 2018 A.10713 (PEOPLES-STOKES)/S.8880

                    (SANDERS) TO FUND MENTOR-PROTEGE UNION TRANSITION TRAINING, SURETY

                    GUARANTEE AND THE PROPOSED BLUE RIBBON MWBE COMMISSION TO

                    COMMIT INCREASED MWBE NEW YORK RESIDENTS IN ALL PARTS OF THE STATE

                    TO REFLECT DEMOGRAPHIC PARTICIPATION IN PROCUREMENT.  AND I'M HOPEFUL

                    THAT THAT'S WHAT YOU GUYS ARE WORKING ON AND WILL BRING FORWARD IN THE

                    FINAL PROJECT.

                                 A SECOND LETTER I HAVE ON MWBE FROM A LOCAL

                    ELECTRICIAN IN THE SOUTHERN TIER, FROM BOUILLE ELECTRIC.  DEAR

                    ASSEMBLYMEMBER FRIEND:  AS AN ELECTRICAL CONTRACTOR, BUSINESS OWNER

                    AND CONSTITUENT, I'M WRITING TO URGE YOU TO REJECT THE MWBE AND

                    WORKFORCE PARTICIPATION AMENDMENTS OBTAINED IN PART AA OF THE

                    TRANSPORTATION AND ECONOMIC DEVELOPMENT ARTICLE VII BUDGET BILL.

                    WHEN IMPLEMENTED PROPERLY, MWBE GOALS CAN BE A POWERFUL TOOL IN

                    PROMOTING BUSINESS OPPORTUNITIES FOR DISADVANTAGED CONTRACTORS,

                    CREATING GREATER ECONOMIC OPPORTUNITY, AND POOLS OF CONTRACTORS AND

                    WORKERS WHO REFLECT THE DIVERSITY OF THEIR COMMUNITIES.  UNFORTUNATELY,

                    IF ENACTED, THE PROPOSALS IN THE GOVERNOR'S EXECUTIVE BUDGET WOULD

                    STRIP THE LEGISLATURE OF ITS ROLE IN ASSESSING DISPARITY, BACKDOOR THE

                    ACCEPTANCE OF A DEEPLY FLAWED 2016 DISPARITY STUDY, AND PERMANENTLY

                    REMOVE THE AUTHORITY OF THE LEGISLATURE TO ACCEPT APPROVED FUTURE

                    DISPARITY STUDIES.

                                 AS YOU MAY BE AWARE, THERE ARE MAJOR CONCERNS

                                         28



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    REGARDING THE DATA AND METHODOLOGY USED IN THE STATE'S 2016

                    DISPARITY STUDY THAT DETERMINED THAT 53 PERCENT OF THE STATE'S PRIME

                    CONSTRUCTION CONTRACTORS AND ALMOST 54 PERCENT OF THE CONSTRUCTION

                    SUBCONTRACTORS ARE MWBE FIRMS, FIGURES THAT APPEAR TO BE

                    SIGNIFICANTLY INFLATED.  WITHOUT TRANSPARENCY AND LEGISLATIVE OVERSIGHT,

                    IT IS NEARLY IMPOSSIBLE TO VALIDATE THE ACCURACY OF THE STUDY, WHICH MAY

                    BE USED TO IMPOSE UNREALISTIC AND UNACHIEVABLE WORKFORCE

                    PARTICIPATION GOALS IN MANY AREAS OF THE STATE.  COMPOUNDING THOSE

                    FLAWS, THE PROPOSAL WOULD EXPAND THE STATE MWBE PROGRAM GOAL TO

                    TOWNS, VILLAGES, COUNTIES AND SCHOOL DISTRICTS FOR WHICH ANY STATE

                    FUNDING IS RECEIVED.  THIS WILL LIKELY REDUCE THE LOCAL ECONOMIC BENEFIT

                    OF THE PUBLIC WORK IN AREAS IT IS NEEDED THE MOST BY ELIMINATING MY

                    ABILITY -- THAT IS BOUILLE ELECTRIC -- AS A LOCAL CONTRACTOR TO BID ON

                    PUBLIC WORK OR BY FORCING ME TO USE NON-LOCAL CONTRACTORS, EVEN

                    OUTSIDE OF THE STATE, TO ATTEMPT TO MEET PARTICIPATION GOALS.

                                 IF I CHOOSE TO BID ON AND PERFORM STATE WORK, THE

                    PROPOSALS UNFAIRLY ADDS SIGNIFICANT RISK FOR ME BY CREATING NEW CRIMES

                    OR DEFRAUDING AND/OR PROVIDING MISINFORMATION IN REGARD TO MWBE

                    PROGRAM FOR UTILIZING FIRMS THAT PORTRAY THEMSELVES AS MWBES, BUT IN

                    REALITY ARE NOT; PLACING ME AT THE RISK OF COMMITTING A FELONY, AND MY

                    COMPANY AT RISK FOR DEBARMENT DUE SOLELY TO THE DECEPTIVE PRACTICES OF

                    OTHERS.

                                 FOR THE REASONS NOTED ABOVE, I STRONGLY URGE YOU TO

                    REJECT, AS THE LEGISLATURE DID LAST YEAR, ALL OF THE CHANGES CONTAINED IN

                    PART AA OF A.2008-A, AND TO SUPPORT A NEW DISPARITY STUDY AND REFORM

                                         29



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    THE MWBE PROGRAM AS SET FORTH IN AN ALTERNATIVE PROPOSAL FOR THE

                    IMPROVEMENT AND CONTINUATION OF NEW YORK STATE'S MWBE PROGRAM

                    THAT WAS BASED ON LEGISLATION INTRODUCED LAST YEAR BY ASSEMBLY

                    MAJORITY PEOPLES-STOKES AND SENATOR SANDERS.

                                 SINCERELY, BOUILLE ELECTRIC, MICHAEL SINCOCK.

                                 AND ONE FINAL PIECE I'D LIKE TO ENTER ON THE MWBE

                    FROM THE BUSINESS COUNCIL.  "GOVERNOR'S CALL FOR RENEWAL OF MWBE,

                    ARTICLE 15(A), COMES WITH MANY CONCERNS."  AND THIS IS WRITTEN BY

                    JOHNNY EVERS, PH.D, DIRECTOR OF GOVERNMENT AFFAIRS AT THE BUSINESS

                    COUNCIL.  AS PART OF HIS EXECUTIVE BUDGET PROPOSAL, GOVERNOR CUOMO

                    CALLED FOR THE RENEWAL OF ARTICLE 15(A) OF THE EXECUTIVE LAW, A LAW

                    AUTHORIZING THE STATE'S MINORITY AND WOMEN-OWNED BUSINESS

                    ENTERPRISE.  AS THE BUSINESS COUNCIL HAS CONSISTENTLY STATED, WE

                    SUPPORT THE STATE'S EFFORTS IN PROMOTING MINORITY AND WOMEN

                    BUSINESSES' PARTICIPATION IN GOVERNMENT CONTRACTING.  HOWEVER, WE

                    FIND THAT THERE ARE NUMEROUS PROBLEMS IN BOTH THE CURRENT SYSTEM AND

                    THE PROPOSED CHANGES SET FORTH IN THE EXECUTIVE BUDGET.

                                 TO BEGIN, THERE ARE MANY FLAWS IN THE GOVERNOR'S

                    PROPOSED PROGRAM, THE MOST GLARING PROBLEM BEING THE RELIANCE ON A

                    FLIMSY 2016 DISPARITY STUDY THAT IMPLIES 53 PERCENT OF ALL CONSTRUCTION

                    CONTRACTORS IN THE STATE ARE MWBE FIRMS - A FIGURE STRONGLY DISPUTED

                    BY THE INDUSTRY.  THE IMPORTANCE OF A TRUE AND ACCURATE DISPARITY STUDY

                    CANNOT BE EMPHASIZED ENOUGH.

                                 AS SUCH, AN ACTUAL SCIENTIFIC STUDY BASED ON OBJECTIVE

                    FACTS SHOULD BE USED TO JUSTIFY PREFERENCE TO MINORITY- AND

                                         30



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    WOMEN-OWNED BUSINESS ENTERPRISES IN THE AWARDING OF

                    GOVERNMENT-LET CONTRACTS.  WITHOUT THE COMMISSIONING OF A NEW STUDY

                    BASED ON SUCH FACTORS, WE BELIEVE THE SERIOUS FLAWS IN THE 2016 STUDY

                    RISK -- SUBJECT -- SUBJECTING THE ENTIRE PROGRAM TO RISK UNDER LEGAL

                    CHALLENGE.

                                 OTHER CONCERNS WITH EXISTING LAW INCLUDE DIFFICULTIES

                    IN OBTAINING WAIVERS FROM THE CONTRACT-SPECIFIC MWBE PARTICIPATION

                    TARGETS, A PROCESS THAT OUR MEMBERS SAY IS SLOW AND INCONSISTENTLY

                    APPLIED.  LIKEWISE, MANY CONTRACTORS HAVE STATED THAT THEY WERE

                    UNABLE TO OBTAIN A RATIONALE FOR THE MWBE PARTICIPATION TARGET SET FOR

                    SPECIFIC PROJECTS DESPITE REPEATED REQUESTS FOR SUCH INFORMATION.  THE

                    DELAY IN OBTAINING MWBE CERTIFICATION OR RE-RECERTIFICATION ALSO NEEDS

                    TO BE ADDRESSED.  AND THESE ARE FACTORS I SEE QUITE FREQUENTLY IN THE

                    SOUTHERN TIER, ESPECIALLY -- SPECIFICALLY IN THE 124TH ASSEMBLY

                    DISTRICT.  THE BUSINESS COUNCIL GOES ON TO SAY, IN ADDITION TO A LACK OF

                    TRANSPARENCY IN THE SETTING OF CONTRACT-SPECIFIC PARTICIPATION TARGETS,

                    THERE ARE MAJOR CONCERNS IN THE BUDGET PROPOSAL, SUCH AS:  DELETING

                    THE LISTING OF WAIVERS ON AGENCY WEBSITES; EXPANDING THE MANDATE TO

                    LOCALITIES AND GRANTING EXPANDED POWERS TO THE DIRECTOR OF THE

                    DIVISION OF MWBE TO CONDUCT STATE AGENCY AUDITS.  THE NEW PROGRAM

                    WOULD GIVE A 10 PERCENT BID PREFERENCE TO MWBE BIDDERS, A CHANGE

                    THAT IS CONTRARY TO THE STATE'S LONG-ACCEPTED PRACTICE OF AWARDING

                    CONTRACTS TO THE LOWEST RESPONSIBLE BIDDER.  FURTHER, THE BILL CREATES

                    NEW CRIMES OF DEFRAUDING AND/OR PROVIDING MISINFORMATION IN REGARD

                    TO MWBE FOR PURPOSE OF BEING AWARDED CONTRACT.  VIOLATIONS CAN BE

                                         31



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    FELONIES AND LEAD TO DEBARMENT FROM STATE WORK.

                                 IN A PROGRAM THAT APPEARS SIMILAR TO EXECUTIVE ORDER

                    162, THE BILL CREATES A NEW "WORKFORCE DIVERSITY PROGRAM" TO SET

                    "ASPIRATIONAL GOALS" FOR MINORITIES AND WOMEN IN "EACH TRADE,

                    PROFESSION AND OCCUPATION FOR "EACH COUNTY OF THE STATE."

                    "ASPIRATIONAL GOALS" WOULD REQUIRE A BREAKDOWN OF EACH TRADE,

                    PROFESSION, OCCUPATION AND SEPARATE LEVELS OF PARTICIPATION BY MALE

                    AND FEMALES IN THESE CATEGORIES IN EACH CONTRACT.  THE LONG AND

                    CONVOLUTED ROUTE THAT A CONTRACTOR MUST FOLLOW TO OBTAIN WORKFORCE

                    PARTICIPATION GOALS WITHIN THE ABOVE JOB CLASSES AND CATEGORIES IS ALL

                    BUT UNWORKABLE.

                                 GENERALLY, THE EXECUTIVE BUDGET PROPOSAL FOR A NEW

                    ITERATIONS OF EXECUTIVE LAW ARTICLE 159(A) WILL CREATE NEW AND

                    SIGNIFICANT ISSUES FOR CONTRACTORS RATHER THAN CONCENTRATING ON

                    IMPROVING THE CURRENT SYSTEM AND ENSURING THE TIMELY DESIGNATIONS

                    AND RE-AUTHORIZATIONS OF STATE-CERTIFIED MWBE COMPANIES AND THEIR

                    ENTRY INTO THE... UNIVERSITY -- UNIVERSE OF STATE CONTRACTING.  THE LAW

                    INCREASES THE ARBITRARY POWER OF THE DIRECTOR OF THE PROGRAM WHILE

                    COMPLICATING THE REPORTING SYSTEM REQUIREMENTS OF CONTRACTORS.

                                 THERE ARE, OBVIOUSLY, LOTS AND LOTS OF CONCERNS WITH

                    THE MWBE PROGRAM WITHIN MY DISTRICT.  I HEAR THIS CONTINUALLY.  BASED

                    ON THE DISPARITY STUDY PARTICIPATION RATES, THE FACT THAT WE'RE SPENDING

                    OUR STATE TAX DOLLARS OUT OF OUR LOCALITY AND EVEN OUTSIDE THE STATE.  SO,

                    I'M VERY HOPEFUL THAT THE PROGRAM THAT YOU BRING FORWARD IS MORE IN

                    THE REFLECTION OF WHAT I MENTIONED WITH THE PREVIOUS -- WITH THE BILLS

                                         32



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    THAT HAVE BEEN BROUGHT FORWARD.

                                 AND WOULD THE SPONSOR YIELD AGAIN?

                                 ACTING SPEAKER AUBRY:  MR. FRIEND, YOU HAVE

                    TEN SECONDS.  YOU CAN COME BACK AGAIN --

                                 MR. FRIEND:  I WILL BE BACK, THEN.  THANK YOU VERY

                    MUCH.

                                 ACTING SPEAKER AUBRY:  YOU'RE WELCOME.

                                 MR. BRIAN MILLER.

                                 MR. B. MILLER:  THANK YOU, MR. SPEAKER.  WILL THE

                    SPONSOR YIELD FOR QUESTIONS?

                                 MS. WEINSTEIN:  SURE.

                                 ACTING SPEAKER AUBRY:  MRS. WEINSTEIN

                    YIELDS.

                                 MS. WEINSTEIN:  YES.

                                 MR. B. MILLER:  I HAVE A FEW QUESTIONS HERE.  FIRST

                    IS ON THE PLASTIC BAG BAN.

                                 MS. WEINSTEIN:  SURE.

                                 MR. B. MILLER:  IN COUNTIES AND CITIES THAT CHOOSE

                    TO OPT INTO THE -- IMPOSING THE PAPER BAG FEE, STORES WILL BE RESPONSIBLE

                    FOR A LOT OF ADMINISTRATIVE AND TRACKING OF FEES THEY COLLECT AND

                    TRANSMIT TO THE STATE.  WILL THESE STORES BE REIMBURSED FOR THESE

                    ADMINISTRATIVE COSTS?

                                 MS. WEINSTEIN:  I MEAN, WE DON'T IN THE BILL

                    ENVISION THE STORES BEING -- BEING REIMBURSED.  SO, YOU KNOW, WE DO

                    HOPE THAT THE STORES WILL AID THE STATE IN ENCOURAGING THE USE OF -- OF

                                         33



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    REUSABLE BAGS.

                                 MR. B. MILLER:  OKAY.  WELL, WE'RE ASKING THEM TO

                    DO ANOTHER SERVICE FOR THE STATE, AND WE'RE IMPOSING A FIVE CENT...

                    MIGHT WANT TO CALL IT A "TAX" --

                                 MS. WEINSTEIN:  WELL --

                                 MR. B. MILLER:  -- ON THIS PLASTIC BAG --

                                 MS. WEINSTEIN:  RIGHT, IF A -- IF A COUNTY, CITY,

                    OPTS IN.  WE -- THE BILL IS ACTUALLY SILENT ON WHETHER OR NOT RETAILERS CAN

                    CHARGE A FEE FOR BAGS AND RETAIN THE -- THE MONIES.

                                 MR. B. MILLER:  OKAY.  SO, YOU'RE TELLING ME THAT

                    THEY WON'T RECEIVE ANYTHING FOR THE REPORTING OR -- OR ANYTHING ON THIS?

                                 MS. WEINSTEIN:  WE DON'T -- WE DON'T MANDATE

                    THAT THEY RECEIVE A FEE.  WE DON'T PROHIBIT THEM, EITHER, FROM RECEIVING

                    -- FROM CHARGING A FEE.

                                 MR. B. MILLER:  OKAY.  SECOND QUESTION:  WILL THE

                    COUNTY AND CITY SHARE GO TOWARDS PROVIDING PEOPLE WITH THESE FEES

                    WITH FREE REUSABLE BAGS?

                                 MS. WEINSTEIN:  YES, THE -- THE LOCAL PART OF THE

                    FEE, THE THREE -- THE THREE CENTS --

                                 (SIDEBAR)

                                 TWO -- THE TWO CENTS, THE THREE GOES TO THE FUND.

                                 (SIDEBAR)

                                 SO, OF THE NICKLE, THREE CENTS GOES TO THE

                    ENVIRONMENTAL PROTECTION FUND, TWO -- TWO CENTS GOES TO THE LOCALITIES

                    THAT OPT IN, AND IT IS TO ENCOURAGE THE USE OF REUSABLE BAGS.

                                         34



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MR. B. MILLER:  SO, HOW ARE THESE COUNTIES AND

                    CITIES EXPECTED TO GET THESE BAGS OUT TO THE TARGETED POPULATION THAT

                    THEY'RE ASKED TO -- TO DISTRIBUTE THEM TO?

                                 MS. WEINSTEIN:  WELL, WE DON'T DICTATE HOW THEY

                    WILL USE THOSE -- THE MONIES THEY COLLECT.  WE WOULD HOPE THAT THEY

                    WOULD BE USED TO BOTH EDUCATE THE PUBLIC AS WELL AS PROVIDE REUSABLE

                    BAGS, AND THEY HAVE DISCRETION AS TO HOW TO DISTRIBUTE THE BAGS THAT

                    THEY PURCHASE AND HOW TO RUN THEIR INFORMATIONAL CAMPAIGNS.

                                 MR. B. MILLER:  SO, ARE THESE BAGS FOR DISTRIBUTION

                    TARGETED AT A CERTAIN POPULATION THROUGHOUT THE COUNTIES OR CITIES, OR

                    JUST BROAD-BASED ACROSS THE WHOLE COUNTY --

                                 MS. WEINSTEIN:  WELL, WE ENCOURAGE THE

                    DISTRIBUTION FOR PEOPLE ON LOWER INCOME AND FIXED INCOME SO THAT THEY

                    WILL NOT HAVE TO PAY THE -- THE NICKEL CHARGE EACH TIME THEY SHOP.

                                 MR. B. MILLER:  OKAY.  THIRD QUESTION HERE:

                    SUSTAINABLE MANAGEMENT OF FOOD WASTE.  UNDER THIS PROPOSAL, ALL LARGE

                    SUPERMARKETS, FOOD SERVICE BUSINESSES, COLLEGES AND UNIVERSITIES, HOTEL,

                    FOOD PROCESSORS, CORRECTIONAL FACILITIES, SPORTS AND ENTERTAINMENT

                    VENUES PROCESSING FOOD SCRAPS AT THE DESIGNATED THRESHOLD WILL BE

                    REQUIRED TO SOURCE -- REQUIRED TO SOURCE OR SEPARATE EDIBLE FOODS FOR

                    DONATION, AND ALSO SOURCE SEPARATE INEDIBLE FOOD SCRAPS FROM OTHER

                    SOLID FOOD WASTE.

                                 MS. WEINSTEIN:  CORRECT.

                                 MR. B. MILLER:  THEY WILL ALSO BE REQUIRED TO FIND

                    SOME WAY TO STORE THE -- THE NOT EDIBLE FOOD SCRAPS SECURELY ON SITE

                                         35



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    UNTIL THEY CAN BE TRANSPORTED TO A RECYCLER.  HAS THERE BEEN ANY SORT OF

                    COST ANALYSIS DONE THAT WOULD ESTIMATE WHAT KIND OF IMPACT THIS WOULD

                    HAVE ON -- ON BUSINESSES?

                                 MS. WEINSTEIN:  THERE -- THERE HAVE BEEN IN THE

                    PAST SOME GRANTS TO SUPPORT REFRIGERATION FOR THESE TYPES OF -- OF FOOD

                    WASTE, BUT, YOU KNOW, AGAIN, AS -- AS I DISCUSSED WITH MR. BARCLAY, THE

                    -- THEY'RE -- THEY ARE ALREADY -- ALL OF THESE SITES ARE ALREADY DISPOSING

                    OF -- OF THEIR -- WHAT THEY WERE CALLING "TRASH" THAT WE'RE NOW CALLING

                    "FOOD WASTE," AND ARE EXPENDING MONIES ON THAT.  SO, WE DON'T THINK

                    THAT THERE --- THERE WILL BE THAT MANY ADDITIONAL COSTS FOR THEM TO DO

                    THIS.

                                 MR. B. MILLER:  BUT -- BUT FOR THE BILL WE'RE GOING

                    TO BE SAYING THAT YOU'RE GOING TO HAVE TO SEPARATE THE DIFFERENT TYPE OF

                    WASTES AND EDIBLE AND INEDIBLE REQUIREMENTS.  SO YOU'RE ALSO GOING TO

                    HAVE TO KEEP TRACK OF HOW MUCH WEIGHT YOU GENERATE, YOU KNOW, TO --

                    YOU KNOW, IF YOU GO -- IF YOU GO BELOW A CERTAIN THRESHOLD, IT TAKES YOU

                    -- IT'LL TAKE YOU OUT OF THIS CATEGORY OF DOING THIS.  SO, YOU KNOW, IT

                    LOOKS TO ME THAT THERE'S GOING TO BE A COST TO BUSINESS, THERE'S GOING TO

                    BE MORE EMPLOYEES.  AND I REALLY WISH IT WAS SOMETHING WE TOOK A

                    GOOD LOOK AT BEFORE WE PUT THIS OUT THERE.

                                 MS. WEINSTEIN:  YOU KNOW, AND -- AND OBVIOUSLY,

                    YOU KNOW, WE -- WE DO EXEMPT... REQUIREMENT OF THIS IF YOU ARE BEYOND

                    25 MILES OF A -- OF A -- OF A SOURCE CENTER -- OF A RECOVERY CENTER.

                                 MR. B. MILLER:  THAT'S ALL I -- I HAVE.  THANK YOU.

                                 MS. WEINSTEIN:  THANK YOU.

                                         36



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 ACTING SPEAKER PICHARDO:  MR. SMITH.

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

                    CHAIRWOMAN YIELD FOR A COUPLE OF QUESTIONS?

                                 ACTING SPEAKER PICHARDO:  DOES THE

                    CHAIRWOMAN YIELD?

                                 MS. WEINSTEIN:  YES.

                                 MR. SMITH:  OKAY.  THANK YOU.

                                 ACTING SPEAKER PICHARDO:  THE CHAIRWOMAN

                    YIELDS.

                                 MR. SMITH:  THANK YOU.  I HAVE A FEW QUESTIONS

                    ABOUT THE STUDENT LOAN SERVICING AND THE SERVICERS IN THE FINANCIAL

                    SERVICES PART.  THE PROPOSAL TO REGULATE AND LICENSE STUDENT LOAN

                    SERVICERS NOW INCLUDES PUBLIC POST-SECONDARY EDUCATIONAL INSTITUTIONS,

                    AND ALSO PRIVATE NON-PROFIT POST-SECONDARY EDUCATIONAL INSTITUTIONS AS

                    EXEMPT ORGANIZATIONS.  DO WE KNOW -- COULD YOU EXPLAIN WHY THAT

                    THOSE TWO WERE ADDED TO THE LIST OF EXEMPT ORGANIZATIONS?

                                 MS. WEINSTEIN:  SOME OF THIS RELATES TO FEDERAL

                    BANKS THAT WE CAN'T HAVE JURISDICTION OVER AND (PAUSE)... AND -- AND

                    THEN WE -- WE ALSO EXEMPT THE COLLEGES AND UNIVERSITIES THAT ARE NOT

                    THEMSELVES SERVICES.

                                 MR. SMITH:  OKAY.  AND THAT'S ACTUALLY -- PROBABLY

                    ROLLS INTO MY SECOND QUESTION OF EXPLAINING -- I WANTED TO KNOW WHY

                    THAT THE FEDERAL STUDENT LOAN SERVICERS WILL AUTOMATICALLY BE DEEMED BY

                    OPERATION OF LAW AS HAVING BEEN ISSUED A LICENSE BY DFS.  IS IT SIMILAR?

                                 MS. WEINSTEIN:  WELL, WE DID MODEL THIS AFTER

                                         37



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    OTHER STATES THAT HAVE -- THAT ARE ALSO TAKING THIS POSITION.

                                 MR. SMITH:  OKAY.  AND THEN MY LAST QUESTION:

                    WHAT TYPE OF AN ORGANIZATION WOULD FALL UNDER THE CATEGORY OF A

                    FEDERAL LOAN STUDENT SERVICER -- RATHER, FEDERAL STUDENT LOAN SERVICER,

                    WHICH DOES NOT FALL UNDER THE CATEGORY OF AN EXEMPT ORGANIZATION BUT

                    DOES NOT STILL REQUIRE A LICENSE?

                                 (PAUSE)

                                 MS. WEINSTEIN:  SO, AT THE -- THANK YOU FOR YOUR

                    PATIENCE --

                                 MR. SMITH:  NO, THANK YOU.

                                 MS. WEINSTEIN:  AT THE MOMENT, WE REALLY DON'T

                    KNOW OF ANY THAT FIT THAT CATEGORY, BUT IT IS POSSIBLE THAT THERE WILL BE

                    SOME, SO WE WANT TO MAKE SURE THAT WE CAPTURE THEM.

                                 MR. SMITH:  OKAY.  ALL RIGHT.  THANK YOU VERY

                    MUCH.

                                 ACTING SPEAKER PICHARDO:  MR.

                    MCDONOUGH.

                                 MR. MCDONOUGH:  THANK YOU, MR. SPEAKER.

                    WOULD THE SPONSOR YIELD, PLEASE, FOR A QUESTION?

                                 ACTING SPEAKER PICHARDO:  DOES THE

                    CHAIRWOMAN YIELD?

                                 MS. WEINSTEIN:  YES.

                                 ACTING SPEAKER PICHARDO:  THE CHAIRWOMAN

                    YIELDS.

                                 MR. MCDONOUGH:  THANK YOU, HELENE.  I HAVE A

                                         38



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    CONCERN THAT -- AND THE GOVERNOR HAS SAID IN THE PAST THAT HE'S VERY

                    CONCERNED ABOUT LIMOUSINE SAFETY.  NOW, AS YOU ALL KNOW, AND I THINK

                    EVERYBODY REMEMBERS THIS, THERE WAS A TRAGIC DEADLY ACCIDENT NOT THAT

                    LONG AGO WITH A LIMOUSINE, A STRETCH LIMOUSINE, WHERE 20 PEOPLE WERE

                    KILLED.  ALL 20.  AND THE GOVERNOR HAS COME OUT AND SAID THAT HE WOULD

                    DO ALL SORTS OF THINGS AND REQUIRE MORE CERTIFICATION OF THE VEHICLES,

                    BETTER DRIVER TRAINING, REQUIRING SEAT BELTS FOR EVERYBODY IN THERE, AND

                    ADDITIONAL INSURANCE COVERAGE.  AND YET I SEE IT SAYS, "INTENTIONALLY

                    OMITTED."  CAN YOU EXPLAIN THAT TO ME, PLEASE?

                                 MS. WEINSTEIN:  SO, WE -- WE DID LOWER THE FEE

                    FROM THE GOVERNOR'S ORIGINAL PROPOSAL, FROM $120 TO $85, I BELIEVE.

                    AND WE DO HAVE RESTRICTIONS FROM U-TURNS (PAUSE - SIDEBAR)...  RIGHT.

                                 SO, YOU KNOW, I -- I PROBABLY WOULD PREFER TO HAVE --

                    IF WE COULD HAVE THIS DISCUSSION WHEN WE GET TO THE REVENUE BILL

                    BECAUSE THE DETAILS ARE IN THE REVENUE BILL, NOT IN -- IN THIS BILL BEFORE

                    US --

                                 MR. MCDONOUGH:  THERE'S MORE DETAIL --

                                 MS. WEINSTEIN:  THAT'S ONE OF THE ISSUES THAT WAS

                    BEING NEGOTIATED.

                                 MR. MCDONOUGH:  THERE'S MORE DETAILS IN THAT?

                                 MS. WEINSTEIN:  YES.

                                 MR. MCDONOUGH:  ALL RIGHT.  WELL, I'LL --

                                 MS. WEINSTEIN:  WE CAN GO THROUGH THIS -- IT -- IT'D

                    BE BETTER TO GO THROUGH THE SPECIFICS ONCE WE GET TO THAT REVENUE BILL --

                                 MR. MCDONOUGH:  OKAY.

                                         39



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MS. WEINSTEIN:  -- BECAUSE THERE'S --

                                 MR. MCDONOUGH:  I'M SURE YOU RECOGNIZE HOW

                    IMPORTANT SOMETHING LIKE THIS IS, RIGHT?

                                 MS. WEINSTEIN:  OKAY.

                                 MR. MCDONOUGH:  OKAY.  THANK YOU VERY MUCH.

                                 THANK YOU, MR. SPEAKER.  I'LL WAIT FOR THAT.

                                 ACTING SPEAKER PICHARDO:  MR. RAIA.

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

                    CHAIRWOMAN WEINSTEIN YIELD?

                                 MS. WEINSTEIN:  SURE.

                                 ACTING SPEAKER PICHARDO:  DOES THE

                    CHAIRWOMAN --

                                 MR. RAIA:  THANK YOU.

                                 ACTING SPEAKER PICHARDO:  SHE YIELDS.

                                 MR. RAIA:  I HAVE SOME QUESTIONS REGARDING THE

                    PLASTIC BAN --

                                 MS. WEINSTEIN:  SURE.

                                 MR. RAIA:  -- PLASTIC BAG BAN.  THIS IS SOMETHING

                    THAT MY COUNTY OF SUFFOLK HAS ALREADY IMPLEMENTED.  I -- I'LL START WITH

                    THE BASICS.  WHY?  WHY ARE WE BANNING PLASTIC AND PAPER BAGS?

                                 MS. WEINSTEIN:  WELL, WE'RE NOT BANNING -- FIRST,

                    JUST TO CLARIFY, WE'RE NOT BANNING PAPER BAGS.

                                 MR. RAIA:  OKAY.

                                 MS. WEINSTEIN:  WHERE -- AS RELATES TO PAPER BAGS,

                    WE ARE AUTHORIZING A COUNTY THAT THE CITY OPTS IN TO BE ABLE TO CHARGE

                                         40



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    FIVE CENTS FOR THE BAG WITH, AS I MENTIONED EARLIER, SOME OF THE MONEY

                    GOING -- BEING RETAINED BY THE LOCALITY, THREE CENTS -- SO, TWO CENTS

                    BEING RETAINED, THREE CENTS GOING TO THE EPF.

                                 MR. RAIA:  OKAY.  ALL RIGHT.  I --

                                 MS. WEINSTEIN:  BUT, THE -- YOU KNOW, THE ANSWER

                    AS TO -- TO WHY, IS THE -- JUST THE OVERWHELMING AMOUNT OF PLASTIC WASTE

                    THAT WE HAVE IN OUR...NOT JUST OUR STATE, BUT THROUGHOUT THE -- THE WORLD.

                    AND PLASTIC DOES NOT DISINTEGRATE, IT JUST STAYS IN THE -- IT FILLS UP LAND --

                    LANDFILLS, IT BLOWS -- THE BAGS BLOW IN THE -- IN THE TREES.  SO IT --

                                 MR. RAIA:  I -- I AGREE WITH YOU.  THE PLASTIC, BAD

                    STUFF.  MY -- MY -- MY RUB, I GUESS, COMES WITH THE PAPER.  AND

                    GENERALLY, PAPER BAGS -- PAPER BAGS ARE USUALLY MADE OF RECYCLABLE

                    MATERIAL ALREADY.  IF YOU DROP THEM IN THE WATER, THEY DISINTEGRATE AND

                    DISSOLVE.  THEY BREAK DOWN IN LANDFILLS.  SO, I GUESS I -- I HAVE A

                    CONCERN THAT WE WOULD CHARGE FIVE CENTS FOR -- FOR -- FOR SOMETHING THAT

                    A LOT OF PEOPLE FEEL IS -- IS BEING ENVIRONMENTALLY RESPONSIBLE.  THAT

                    BEING SAID, DOES THIS LAW SUPERCEDE ANY LOCAL LAW CURRENTLY IN EFFECT?

                                 MS. WEINSTEIN:  SO, ANY LOCAL LAW WITH A FEE ON

                    PLASTIC BAGS CAN CONTINUE ONLY UNTIL THE STATE LAW TAKES EFFECT ON

                    MARCH 1ST OF 2020.  AND ANY LOCAL LAW SIMILARLY WITH A FEE ON PAPER

                    BAGS CAN CONTINUE FOR A YEAR AFTER THE COUNTY ADOPTS A -- A LOCAL LAW.

                                 MR. RAIA:  OKAY.  SO, THE FACT THAT MY COUNTY IS

                    ALREADY CHARGING FIVE CENTS FOR PAPER AND FIVE CENTS FOR PLASTIC, THEY

                    WON'T HAVE TO DO ANYTHING OTHER THAN THE PLASTIC DISAPPEARS AND

                    HOPEFULLY, THE STORES BRING BACK THE PAPER, BECAUSE THERE'RE NOT A LOT OF

                                         41



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    STORES WITH -- WITH PAPER.

                                 MS. WEINSTEIN:  SO, I AM -- JUST SO YOU KNOW, IN

                    TERMS OF SUFFOLK COUNTY, THIS STARTS IMMEDIATELY.  IT REVERSES -- WHEN

                    THIS TAKES EFFECT, IT REVERSES THEIR CURRENT --

                                 MR. RAIA:  ALL RIGHT.

                                 MS. WEINSTEIN:  -- LAW.

                                 MR. RAIA:  SO -- BUT THEY DON'T HAVE TO GO BACK,

                    THEN, AND RE-IMPLEMENT THE FIVE CENT FEE ON PAPER BAGS BECAUSE THEY

                    ALREADY HAVE IT?

                                 MS. WEINSTEIN:  YES.  THAT -- IF THEY WANT TO HAVE

                    THAT FIVE CENT FEE ---

                                 MR. RAIA:  SO, THEY WILL HAVE TO GO BACK AND DO IT --

                                 MS. WEINSTEIN:  -- THEY WILL HAVE TO GO BACK TO DO

                    THAT.

                                 MR. RAIA:  OKAY.

                                 MS. WEINSTEIN:  YES.

                                 MR. RAIA:  ALL RIGHT.  I SEE THERE'S A BUNCH OF

                    EXEMPTIONS.  GARMENT BAGS IS AN EXEMPTION.  WHAT IS A GARMENT BAG?

                                 MS. WEINSTEIN:  WELL, I DON'T WANT TO COMMENT ON

                    YOUR DRY CLEANING HABITS OR NOT, BUT IF YOU GO TO A -- YOU KNOW, WHEN

                    YOU GO TO A DRY CLEANER AND YOU PICK UP YOUR CLOTHING THEY PUT A THIN

                    PLASTIC BAG ON IT.

                                 MR. RAIA:  OKAY.  WHAT ABOUT BAGS WHEN YOU --

                    WHEN YOU SHOP FOR NEW CLOTHES AND YOU GET BAGS THAT YOU PUT GARMENTS

                    IN?  ARE THEY EXEMPT?

                                         42



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MS. WEINSTEIN:  NO.

                                 MR. RAIA:  SO, STRICTLY GARMENT BAGS THAT YOU GET

                    FROM A DRY CLEANER ARE THE ONLY ONES THAT ARE EXEMPT.

                                 MS. WEINSTEIN:  YES.

                                 MR. RAIA:  OKAY.  SO, WHEN I GO TO, YOU KNOW,

                    BANKS TO GET MY SUIT, I COULDN'T GET -- I'M NOT ALLOWED TO -- TO PUT THAT

                    IN A GARMENT BAG OR ANYTHING LIKE THAT?

                                 MS. WEINSTEIN:  WELL, YOU KNOW, MANY -- YOU

                    KNOW, YOU CAN HAVE IT IN A -- MANY STORES CURRENTLY DON'T HAVE PLASTIC

                    BAGS FOR CLOTHING, BUT THEY CERTAINLY CAN HAVE THEIR BAGS -- GARMENT

                    BAGS MADE OUT OF OTHER --

                                 MR. RAIA:  WELL, I DO, I BRING THAT UP --

                                 MS. WEINSTEIN:  -- FABRIC.

                                 MR. RAIA:  -- BECAUSE THEY ACTUALLY HAVE THE

                    GARMENT BAG WITH THE HOLE THAT GOES IN THE HANGER.  IT'S GOT A ZIPPER,

                    AND -- AND I USE IT, ACTUALLY, TO -- TO BRING MY CLOTHES UP TO -- TO ALBANY

                    EVERY WEEK.  THAT IS MADE OUT OF PLASTIC.  SO, I'M JUST WONDERING IF

                    THAT'S EXEMPT.  BECAUSE TECHNICALLY, THAT IS ACTUALLY A REAL GARMENT BAG.

                                 MS. WEINSTEIN:  YES, WE -- WE -- ACTUALLY, YOU'LL

                    BE PLEASED TO KNOW YOU CAN CONTINUE TO HAVE YOUR SUITS BAGGED IN

                    THOSE GARMENT BAGS.

                                 MR. RAIA:  THANK YOU.  ARE THERE ANY CARVE-OUTS?

                    IN OTHER WORDS, ANYBODY THAT DOESN'T HAVE TO PAY THIS TAX?

                                 MS. WEINSTEIN:  YES.  PEOPLE -- WIC AND -- AND

                    SNAP.

                                         43



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MR. RAIA:  NOW, WHY IS THAT?

                                 MS. WEINSTEIN:  WELL, THE -- IT HAS TO DO WITH --

                    THEY'RE PEOPLE WHO ARE ON... THESE LIMITED INCOMES, AND WE HAVE -- IN

                    THE PRIOR DISCUSSION WE TALKED ABOUT THE -- THE COUNTY, THE LOCAL FEE

                    GOING TOWARDS PURCHASE OF RECYCLABLE BAGS TO ASSIST PEOPLE IN THAT AREA

                    --

                                 MR. RAIA:  SO, WE'RE ACTUALLY -- WE'RE DIRECTING THE

                    COUNTY OR ENCOURAGING THE COUNTY TO TAKE THAT TWO PER -- THAT TWO CENTS,

                    OR TWO PERCENT ON A DOLLAR AND APPLY THAT TOWARDS GIVING REUSABLE BAGS

                    FOR PEOPLE ON -- ON SPECIAL PROGRAMS --

                                 MS. WEINSTEIN:  YES.

                                 MR. RAIA:  -- CORRECT?

                                 MS. WEINSTEIN:  YES.

                                 MR. RAIA:  WELL, AT WHAT POINT, THEN, DOES

                    EVERYBODY GET A REUSABLE BAG THAT THEY DON'T NEED TO HAVE... PLASTIC

                    BAGS AS WELL?  AND THE REASON I BRING THIS UP IS -- IS THERE'S COUNTLESS

                    SENIOR CITIZENS AND OTHER INDIVIDUALS ON A FIXED INCOME THAT'S -- THEY

                    LITERALLY, YOU KNOW, THEY CAN'T AFFORD A BAG TAX EITHER.  AND MY GUESS

                    IS, IS, YOU KNOW, IT SHOULD APPLY TO EVERYBODY.  THOSE --THOSE PEOPLE

                    THAT GET A PLASTIC BAG, MAYBE THEY CAN REUSE IT.  WHEN IT COMES TO

                    RECYCLING, IT'S SOMETHING THAT SHOULD APPLY TO EVERYBODY.

                                 MS. WEINSTEIN:  WELL, YOU KNOW, WE -- THE -- THE

                    COUNTIES, LOCALITIES, RUN THE SENIOR CENTER PROGRAMS, THEY CERTAINLY CAN

                    BE DOING DISTRIBUTIONS OF REUSABLE BAGS AT THOSE LOCATIONS.  I KNOW THAT

                    THAT EXISTS TODAY IN -- IN MANY PLACES WITHOUT THIS -- WITHOUT THE BAN ON

                                         44



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    PLASTIC.

                                 MR. RAIA:  OKAY.  HAS THERE BEEN ANY THOUGHT OF --

                    OF SUPPLEMENTING THIS WITH A... OH, I DON'T KNOW, A -- A BILL THAT I

                    HAPPEN TO HAVE WHICH WOULD GIVE YOU A DOLLAR-FOR-DOLLAR TAX CREDIT TO

                    BUY REUSABLE BAGS?

                                 MS. WEINSTEIN:  THAT WAS NOT PART OF THE

                    DISCUSSION IN -- IN THIS BUDGET.

                                 MR. RAIA:  OKAY.  THANK YOU.

                                 MS. WEINSTEIN:  SURE.

                                 ACTING SPEAKER AUBRY:  MR. BARRON.

                                 MR. BARRON:  THANK YOU, MR. SPEAKER.

                                 ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. BARRON:  THIS BUDGET PROCESS, I HAVE GRAVE,

                    GRAVE CONCERNS ABOUT THE PROCESS REACHING INTO THESE BILLS AND THE END

                    PRODUCT.  THE PROCESS, WE THOUGHT, WOULD BE DIFFERENT.  WE THOUGHT FOR

                    SURE, WITH THE CHANGE IN THE LEADERSHIP IN THE SENATE AND THE MAJORITY

                    LEADERSHIP HERE IN THE ASSEMBLY, THAT THE END RESULTS WOULD BE VERY

                    DIFFERENT, AND BILLS LIKE THIS AND THE BILLS TO COME -- I CERTAINLY THOUGHT

                    IT WOULD BE SOME DIFFERENCE, EVEN THOUGH I HAD MY SCEPTICISM AT THE

                    BEGINNING, WHEN ONE REPORTER ASKED ME WHAT DID I THINK ABOUT THE

                    CHANGE.  I SAID, DON'T DANCE TOO SOON.  WAIT 'TIL THE BUDGET PROCESS

                    BEFORE YOU DANCE AND CELEBRATE ABOUT THE CHANGE IN LEADERSHIP.  AND

                    WHEN WE WENT THROUGH THE PROCESS AND COME UP WITH THE END PRODUCT

                    IN THESE FORTHCOMING BILLS, INCLUDING THIS ONE, TO ME, WAS WORSE THAN

                                         45



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    WHAT WE HAD IN THE LEADERSHIP IN THE SENATE LAST YEAR.  THOSE NUMBERS

                    WILL SHOW THEMSELVES AS WE GO ALONG.

                                 SO, YOU ALL KNOW I HAVE A CRITIQUE OF A CAPITALIST

                    TWO-PARTY SYSTEM.  ALTHOUGH THERE ARE OTHER PARTIES, THERE'S TWO MAJOR

                    PARTIES.  WELL, I'M NOW NO LONGER CALLING IT A CAPITALIST TWO-PARTY

                    SYSTEM, I AM RENAMING IT A CAPITALIST ONE-PARTY SYSTEM OF REPUBLICRATS.

                    BECAUSE THERE WAS NO DIFFERENCE IN THE END RESULTS AND IT'S VERY SERIOUS

                    IMPACT ON OUR PEOPLE.  SO, AS WE GO THROUGH THIS BUDGET PROCESS, I'M

                    REGISTERING A PROTEST VOTE.  I'M VOTING NO ON EVERY ONE OF THESE BUDGET

                    BILLS, EVEN THE ONES THAT HAVE SOME GOOD STUFF IN IT, BECAUSE THE

                    UGLINESS IN IT IS UGLIER THAN EVER BEFORE.  AND I KNOW PEOPLE ARE GOING

                    TO TRY TO PAINT IT AS SOME GOOD AND SOME BAD AND CAN'T GET EVERYTHING

                    YOU WANT.  THIS IS ABOUT COMPROMISE, CHARLES.  MY PRESENCE HERE IS A

                    COMPROMISE.  WE HAVE TO UNDERSTAND THAT WHEN THESE BUDGETS DON'T

                    REFLECT THE REAL NEEDS OF THE PEOPLE OF THIS COMMUNITY -- WE HAVE A

                    RESPONSIBILITY FOR THE PEOPLE OF THE STATE, NOT FOR A SPEAKER, NOT FOR A

                    HEAD OF A SENATE, AND CERTAINLY NOT FOR A GOVERNOR.  BUT FOR THE PEOPLE

                    OF THE STATE.

                                 SO, I'LL BE VOTING NO.  AND I KNOW YOU'RE GOING TO BE

                    TIRED A LITTLE LATER, BUT STAY UP, BECAUSE MY REAL SPEECH IS COMING FOR

                    THE "BIG UGLY."

                                 (LAUGHTER)

                                 IT IS JUST TOO MUCH UGLY IN THAT, AROUND EDUCATION AND

                    AROUND SO MANY OTHER THINGS.

                                 BUT I DO WANT TO REFLECT ONE THING, AND I'LL SAY IT LATER

                                         46



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    AS WELL, THAT THE CRIMINAL JUSTICE REFORM BILL IS THE HIGHLIGHT OF ALL

                    THAT'S COMING FORWARD.  THERE WAS SOME GOOD THAT CAME OUT OF THAT.

                                 SO, I WILL BE VOTING NO.  AND AT SOME POINT WE HAVE TO

                    TAKE A STANCE AND VOTE NO, EVEN WHEN THEY COME TO US THE LAST MINUTE

                    AND SAY, GUESS WHAT?  IF YOU VOTE NO, THERE'LL BE NO BUDGET.  HERE

                    COMES THE FEAR TACTICS, THE SCARE.  THERE'LL BE NO BUDGET.  IF YOU VOTE NO,

                    YOU KNOW WHAT'S GOING TO HAPPEN?  YOU KNOW WHAT'S GOING TO

                    HAPPEN?  THERE'S GOING TO BE AN EXTENDER BILL THAT COMES FROM THE

                    GOVERNOR, AND THEN EVERYTHING IN THAT EXTENDER BILL WOULD BE WHAT HE

                    WANTS AND NOT WHAT YOU WANT, SO YOU BETTER VOTE YES.  IF YOU VOTE NO TO

                    THE EXTENDER BILL, BY THE WAY, WHICH YOU CAN -- AND ONE TIME THERE WAS

                    AN EXTENDER BILL AND PEOPLE MADE HIM CHANGE SOME THINGS IN HIS

                    EXTENDER BILL BEFORE YOU VOTED FOR IT, SO THERE'S ALWAYS ROOM FOR

                    CHANGE.  BUT IF YOU VOTE NO FOR THE EXTENDER BILL, THEN GUESS WHAT

                    HAPPENS?  THE STATE SHUTS DOWN.  YOU WON'T GET YOUR CHECK UNTIL

                    AUGUST.  FORGET YOUR RAISE, YOU WON'T GET YOUR CHECK 'TIL AUGUST.  THEN

                    SOME WILL GET UP AND REMIND US THAT THERE WAS A TIME WHEN THEY VOTED

                    NO AND THAT THEY SUFFERED.  SO THEY'LL REMIND YOU OF THAT AND TELL YOU IF

                    YOU VOTE NO YOU'RE GOING TO SUFFER LIKE WE DID YEARS AGO WHEN WE

                    VOTED NO.  WE SUFFERED.  THE STATE SUFFERED.  EVERYBODY WAS IN A

                    CRISES.  AND THAT'S HOW THEY GET YOU TO GO FORWARD AND VOTE FOR BILLS

                    THAT YOU KNOW, YOU KNOW THESE BEING BILLS ARE NOT WHERE THEY'RE --

                    THEY'RE SUPPOSED TO BE.  YOU KNOW THAT.  AND IT'S NOT ABOUT BEING FOR

                    OR AGAINST A LEADER, IT'S ABOUT BEING FOR THE PEOPLE OF THIS STATE.

                                 SO I'M VOTING NO ON EVERY LAST ONE OF THEM.  NO ON THE

                                         47



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    COMMISSION FOR PUBLIC FINANCING THAT'S COMING UP LATER.  WE NEED A

                    COMMISSION.  WE NEEDED A BILL AND MONEY TO IT TO HAVE IT FOR THOSE

                    WHO ARE FOR THAT.  I'M VOTING NO ON ALL OF THE THINGS THAT ARE COMING

                    BECAUSE WE SHOULD HAVE HAD MORE IN THE REVENUE PACKAGE AND ALL OF

                    THOSE OTHER PACKAGES.  THIS BILL WOULD HAVE BEEN BETTER HAD WE DONE

                    THE REVENUE RIGHT.  YOU DON'T GIVE RICH PEOPLE A BREAK AND THEN SAY WE

                    DON'T HAVE MONEY TO DO THE THINGS THAT WE WANT TO DO.  HOW ARE WE

                    GOING TO HAVE MONEY IF YOU DON'T RAISE THE TAX ON THE PIED-À-TERRE TAX

                    AND OTHER THINGS?  IF YOU DON'T HAVE MONEY, THEN YOU CAN'T PAY FOR THE

                    THINGS.  SO, WHAT -- WHAT YOU DO WHEN WE GET UP?  I SAID, BUT I WANT

                    THIS, I WANT A BILLION DOLLARS FOR THIS.  HOW ARE YOU GOING TO PAY FOR IT,

                    CHARLES?  WELL, I COULD'VE PAID FOR IT IF YOU ALL HAD PASSED THE REVENUE

                    THAT YOU SHOULD'VE PASSED.  SO, YOU GET CAUGHT INTO THAT.

                                 SO, I JUST WANTED TO LET YOU KNOW, WHICH YOU

                    PROBABLY ALREADY KNEW WAS COMING, THAT I'M VOTING NO ON ALL OF THESE

                    BILLS, EVEN THOUGH THERE'S SOME GOOD IN SOME OF THEM, BECAUSE THIS HAS

                    TO STOP.  AND THIS WAS THE TIME TO STOP IT, WHEN YOU HAD CONTROL OF BOTH

                    HOUSES.  AND WE DIDN'T.  ON THIS PARTICULAR BILL HERE, I'M GLAD TO THE

                    SPONSOR OF ONE OF THE PIECES OF THIS BILL.  WHEN WE'RE TALKING ABOUT

                    PAYING FIVE CENTS MORE FOR PAPER BAGS, YES, WE NEED TO CLEAN THE

                    ENVIRONMENT UP AND WE NEED TO DEAL WITH THE PLASTIC AND ALL OF THAT.

                    BUT AS I TOLD THE SPONSOR, I'M CONCERNED ABOUT NOT THE BAG, BUT THE

                    FOOD THAT WE'VE GOT TO PUT IN THE BAG IN MY NEIGHBORHOOD.  THE FOOD

                    THAT WE HAVE TO PUT IN THE BAG IN MY NEIGHBORHOOD NEEDS TO BE DEALT

                    WITH.  AND WHEN YOU HAVE ECONOMICALLY-OPPRESSED NEIGHBORHOODS,

                                         48



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    EVEN FIVE CENTS IS ANOTHER PIECE OF ECONOMIC STRAIN THAT THEY DON'T NEED

                    TO HAVE, THE WORRY ABOUT PAYING EXTRA MONEY.  AND THEN IF YOU PUT IT IN

                    THE EPA AND OTHER PLACES, WE'VE GOT TO HOPE THAT IT REALLY COMES BACK

                    FOR RECYCLABLE OR RENEWABLE BAGS OR REUSABLE BAGS TO US.  WE'VE GOT TO

                    HOPE THAT REALLY HAPPENS.  AND THERE'S NO GUARANTEES FOR THAT.

                                 SO, AS WE GO FORWARD AND DEAL WITH THE BUDGET

                    PROCESS, REMEMBER, WE'VE GOT TO DEAL WITH A GREATER SOCIETY, A MORE

                    EGALITARIAN SOCIETY, WHERE PEOPLE ARE TREATED FAIRLY AND MORE EQUALLY,

                    EVEN IF YOU LIVE IN PUBLIC HOUSING.  WE NEED TO HAVE MORE MONEY FOR

                    NYCHA AND THE PUBLIC HOUSING, THAT WE DON'T HAVE.  SO, IF WE DON'T

                    MOVE TOWARD SOME KIND OF SYSTEMIC CHANGE AND KEEP TAKING THESE

                    MARGINAL STEPS, WE'RE GOING TO BE IN A GREATER CRISIS.  I WAS JUST HEARING

                    ONE OF MY COLLEAGUES TALKING ABOUT MWBES.  DON'T EVEN WANT TO DO

                    30 PERCENT WITH MWBES.  YOU'RE LUCKY WE WANT TO BE A PART OF THIS

                    SYSTEM.  SOME PEOPLE NEED -- DON'T EVEN CARE ABOUT THE -- SOME PEOPLE

                    WANT TO CHANGE THE WHOLE THING AND NOT BE A PART OF THEM.  HOW COULD

                    YOU TALK ABOUT A RACE-NEUTRAL PROCESS IN A RACIST SOCIETY?  YOU DON'T

                    EVEN WANT TO DEAL WITH RACE.  IT'S INSANE WHAT'S GOING ON, AND I'M JUST

                    HOPING YOU, MY COLLEAGUES, I WANTED TO HIT YOU EARLY WHILE YOU'RE STILL

                    THINKING AND UP A LITTLE BIT, BECAUSE LATER ON YOU MIGHT NOT HEAR

                    NOTHING.  SO, I JUST WANTED TO COME BEFORE YOU TO SAY WE HAVE TO DO

                    BETTER, WAY BETTER.  AND WE CAN'T FALL SHORT OF THE MARK FOR OUR PEOPLE.

                    THEY'RE COUNTING ON YOU TO STAND UP FOR YOUR PRINCIPLES.  MOST OF YOU

                    KNOW THIS STUFF.  I'VE TALKED -- SPOKEN TO MANY OF YOU AND YOU SAID THIS

                    IS THE UGLIEST UGLY WE'VE EVER HAD.  BUT YOU'RE GOING TO VOTE YES

                                         49



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    ANYWAY AND NOT TAKE A STANCE AND SAY NO TO SOMETHING THAT'S NOT JUST,

                    AND NOT HAVE PEOPLE SCARE YOU INTO THINKING YOU'RE GOING TO WRECK THE

                    WHOLE STATE IF YOU DON'T VOTE FOR SOMETHING THAT'S NOT JUST.

                                 SO, I ENCOURAGE YOU, VOTE YOUR PRINCIPLES, VOTE FOR

                    YOUR PEOPLE AND VOTE YOUR CONSCIENCE.  I VOTE NO ON THIS BILL.

                                 ACTING SPEAKER AUBRY:  MR. LALOR.

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

                    CHAIRWOMAN YIELD FOR A FEW QUESTIONS?

                                 ACTING SPEAKER AUBRY:  WILL YOU YIELD, MS.

                    WEINSTEIN?

                                 MS. WEINSTEIN:  YES.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MR. LALOR:  I HAD A COUPLE QUESTIONS ABOUT THE

                    PLASTIC BAG BAN.

                                 MS. WEINSTEIN:  SURE.

                                 MR. LALOR:  ARE YOU FAMILIAR WITH A STUDY FROM THE

                    CALIFORNIA UNIVERSITY IN LOMA LINDA?  IT SAYS THAT 50 PERCENT OF

                    REUSABLE BAGS HAD BACTERIA INCLUDING CHLOROFORM IN THEM.  ARE YOU

                    FAMILIAR WITH THAT STUDY?

                                 MS. WEINSTEIN:  NO.

                                 MR. LALOR:  ARE YOU AWARE THAT THE SAME STUDY

                    SAID THAT 12 PERCENT OF REUSABLE BAGS HAVE E. COLI IN THEM?

                                 MS. WEINSTEIN:  NO.

                                 MR. LALOR:  HAVE YOU SEEN THE RESEARCHERS AT

                    GEORGE WASHINGTON UNIVERSITY AND UNIVERSITY OF PENNSYLVANIA, THEY

                                         50



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    PUT OUT A STUDY AFTER SAN FRANCISCO BANNED PLASTIC BAGS AND IT SAID THAT

                    ER VISITS FOR BACTERIA-RELATED ILLNESSES SPIKED IN SAN FRANCISCO AFTER

                    THE BAN.  HAVE YOU SEEN THAT?

                                 MS. WEINSTEIN:  I -- NO.  AND I --YOU KNOW, I --

                    YOU'RE CITING STUDIES.  I DON'T KNOW WHETHER THEY WERE INDUSTRY-RELATED

                    STUDIES OR SORT OF PUBLIC HEALTH STUDIES, SO WITHOUT THAT KNOWLEDGE I

                    REALLY CAN'T COMMENT ON ANY OF THAT.

                                 MR. LALOR:  THAT'S A VERY GOOD POINT.  I THINK IT

                    MIGHT SPEAK TO THE IDEA OF DOING THIS AS A STANDALONE BILL VERSUS

                    JAMMING IT INTO A BUDGET BILL.  BUT I'LL GO ON.

                                 DO YOU KNOW ABOUT THE UNITED KINGDOM GOVERNMENT

                    AGENCY STUDY THAT FOUND THAT COTTON BAGS HAVE TO BE USED 131 TIMES TO

                    YIELD AN ENVIRONMENTAL BENEFIT?

                                 MS. WEINSTEIN:  NO.

                                 MR. LALOR:  DO WE KNOW THE AVERAGE NUMBER OF

                    TIMES A COTTON BAG, REUSABLE BAG IS USED IN THIS STATE?

                                 MS. WEINSTEIN:  I DON'T -- I DON'T THINK THAT WE'VE

                    KEPT THAT ON THAT ISSUE.

                                 MR. LALOR:  ISN'T THAT THE KEY QUESTION, THOUGH?

                    IT'S POSSIBLE THAT THIS -- ISN'T IT POSSIBLE IF IT TAKES 131 USES TO GET THE

                    ENVIRONMENTAL BENEFIT OUT OF THE REUSABLE BAG, IF SAY THE AVERAGE IS 60

                    TIMES WE'RE ACTUALLY ENCOURAGING THE LESS-ENVIRONMENTALLY-FRIENDLY

                    POLICY?

                                 MS. WEINSTEIN:  WELL, WE KNOW THAT -- WE KNOW

                    THAT PLASTIC DOES NOT DEGRADE, AND FOR THOSE OF US WHO ARE OLD ENOUGH

                                         51



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    TO REMEMBER, AND CERTAINLY EARLIER THAN THAT, OBVIOUSLY PLASTIC BAGS

                    WEREN'T AROUND.  PEOPLE DID NOT HAVE PLASTIC BAGS FOR THEIR GROCERIES.

                                 MR. LALOR:  ARE YOU FAMILIAR WITH THE RESEARCH THAT

                    SAYS IT TAKES 71 PERCENT LESS ENERGY TO MAKE A PLASTIC BAG WHICH, AGAIN,

                    SPEAKS TO THE ENVIRONMENTAL IMPACT OF WHAT THIS BILL IS GOING TO DO?

                                 MS. WEINSTEIN:  I -- I'M NOT FAMILIAR WITH THE

                    STUDIES THAT YOU'RE MENTIONING.

                                 MR. LALOR:  OKAY.  DO YOU KNOW WHAT PERCENTAGE

                    OF PLASTIC IN THE WATERWAYS COMES FROM THE UNITED STATES VERSUS OTHER

                    COUNTRIES?

                                 MS. WEINSTEIN:  NO.  THAT, CERTAINLY, I DON'T

                    KNOW.

                                 MR. LALOR:  WELL, THERE'S AN ARTICLE AND A STUDY

                    FROM SCIENCE MAGAZINE.  IT SAYS ONE PERCENT COMES FROM THE UNITED

                    STATES, SO NEW YORK STATE IS ABOUT SIX PERCENT OF THE UNITED STATES.

                    SO WE'RE DOING THIS.  THERE'S GOING TO BE UNINTENDED CONSEQUENCES THAT

                    WE CAN TALK ABOUT.  AND WHAT WOULD BE THE TANGIBLE BENEFIT ON PLASTIC

                    IN THE WORLD'S WATERWAYS IN PASSING THIS BILL HERE TODAY?

                                 MS. WEINSTEIN:  YEAH.  YOU KNOW, IT -- IT'S NOT

                    JUST THE, YOU KNOW, THE WATER, YOU KNOW, THE ACTUAL APPEARANCE IN -- IN

                    LAKES AND OCEANS, BUT THE -- BESIDES THEY'RE NOT DEGRADING IN THE -- IN

                    THE LANDFILL.  THEY ARE BEING -- ANIMALS ARE AND CERTAINLY THERE -- WATER

                    ANIMALS ARE INGESTING THESE BAGS.  THESE BAGS ARE SHOWING UP IN OUR

                    WATER TREAT -- WATER WASTE TREATMENT CENTERS.  THEY'RE SHOWING UP IN

                    LOTS OF PLACES, CAUSING MALFUNCTIONING OF MACHINERY.

                                         52



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MR. LALOR:  CAN YOU SPEAK TO THE -- ANY -- IS THERE

                    ANY METRIC THAT SAYS THOSE PROBLEMS THAT YOU INDICATED WILL BE REDUCED

                    BY A CERTAIN AMOUNT IF WE PASS THIS, OR WE'RE JUST HOPING FOR THE BEST?

                                 MS. WEINSTEIN:  WHEN THEY'RE -- WHEN THEY'RE

                    GONE WE KNOW THAT WE -- THEY WON'T BE SHOWING UP, SO THAT THERE WILL

                    BE SOME REDUCED COST.

                                 MR. LALOR:  SO THEY'RE GOING TO BE 100 PERCENT

                    GONE WHEN THIS BILL TAKES EFFECT?

                                 MS. WEINSTEIN:  I'M TOLD THAT WITHIN NEW YORK

                    STATE -- IN SUFFOLK COUNTY ONCE THIS -- IN THE FIRST YEAR THIS WAS IN

                    EFFECT THERE WAS A REDUCTION OF 1.2 MILLION -- BILLION, 1.2 BILLION BAGS,

                    AND THEY HAD A REDUCTION IN THE AMOUNT OF DAMAGE THAT THEY WERE

                    SEEING IN THESE -- IN THESE MECHANICAL SYSTEMS.

                                 MR. LALOR:  GREAT.  LET ME SHIFT GEARS TO THE FIVE-

                    CENT FEE ON PAPER BAGS.  WOULD YOU DESCRIBE THAT FEE AS PROGRESSIVE OR

                    REGRESSIVE?  IN OTHER WORDS, IF A MILLIONAIRE GOES TO THE STORE AND HE

                    HAS FIVE PAPER BAGS AND A PERSON OF MODEST MEANS, A LOWER

                    MIDDLE-CLASS PERSON OR A MIDDLE-CLASS PERSON, DO THEY PAY THE SAME

                    FIVE CENTS PER BAG?

                                 MS. WEINSTEIN:  IT IS AN OPTIONAL, NOT A MANDATORY

                    FEE, AND IT WOULD BE CHARGED TO ALL INDIVIDUALS EXCEPT FOR PEOPLE, WHO I

                    MENTIONED EARLIER, ARE EXEMPT FROM THAT FEE WHO ARE ON LOW -- WHO ARE

                    LOW-INCOME INDIVIDUALS.

                                 MR. LALOR:  SO, IT COULD BE APPLIED TO SOME NEW

                    YORKERS AS A REGRESSIVE FEE, CORRECT?  NOT ALL, BUT SOME.

                                         53



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MS. WEINSTEIN:  IT'S -- WELL, IT -- IT'S AN INCENTIVE

                    FOR PEOPLE TO BRING THEIR OWN BAGS AND HAVE REUSABLE -- REUSABLE BAGS.

                                 MR. LALOR:  WHICH MAY HAVE E. COLI AND OTHER

                    BACTERIA.

                                 MS. WEINSTEIN:  BASED ON THE INFORMATION THAT

                    YOU'VE REFERRED TO, BUT I -- YOU KNOW, I -- I HAVE NOT AGREED WITH YOU

                    THAT, IN FACT, THAT EXISTS.

                                 MR. LALOR:  WELL, IT'S NOT ME.  IT'S, YOU KNOW,

                    UNIVERSITIES AROUND THE WORLD AND RESEARCHERS AROUND THE WORLD.  BUT

                    LET ME -- LET ME FOLLOW UP ON THE PAPER BAG QUESTION.  IF A COUNTY OPTS

                    IN TO THE PAPER BAG FIVE CENTS, THE MONEY'S COLLECTED, IT COMES UP TO

                    ALBANY OR TO THE STATE AND SOME GOES BACK TO THE COUNTY, 40 PERCENT

                    GOES BACK TO THE COUNTY.  WHAT IS THE COST TO THE STATE TO MANAGE AND

                    ADMINISTRATE -- ADMINISTER THIS -- THIS PROGRAM?

                                 MS. WEINSTEIN:  IT --

                                 MR. LALOR:  I MEAN, IT IS THE BUDGET, RIGHT?  WE

                    SHOULD PUT A DOLLAR FIGURE ON EVERYTHING.

                                 MS. WEINSTEIN:  RIGHT.  NO.  THE TWO PERCENT

                    GOES -- THE TWO CENTS STAYS IN THE LOCALITY.  THE THREE CENTS IS REMITTED

                    TO THE STATE TAX DEPARTMENT.  THEY'RE KNOWN -- AND THAT THEN GOES TO

                    THE -- DISTRIBUTED TO THE ENVIRONMENTAL PROTECTION FUND.  THERE IS NO

                    ADDITIONAL ADMINISTRATIVE COSTS ASSOCIATED WITH THIS.

                                 MR. LALOR:  BUT AREN'T THERE GOING TO BE STATE

                    EMPLOYEES THAT ENFORCE THIS PROVISION AND DEAL WITH THE CASH FLOW FROM

                    THE STORES TO THE STATE BACK TO THE COUNTY?

                                         54



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MS. WEINSTEIN:  IT'S -- IT'S GOING TO BE COLLECTED

                    THE SAME WAY -- ON THE STATE LEVEL, IT'S GOING TO BE THE SAME AS WE DO

                    SALES TAX, SO THEY -- THEY HAVE --

                                 MR. LALOR:  NO INCREASE IN EMPLOYEES?  WE WON'T

                    NEED ANY NEW EMPLOYEES?

                                 MS. WEINSTEIN:  WE DON'T THINK SO.

                                 MR. LALOR:  ARE THERE EMPLOYEES NOW IN THE STATE,

                    TAX AND FINANCE, THEY'RE NOT BUSY, THEY'RE NOT OCCUPIED ALL DAY, THEY

                    HAVE TIME TO HANDLE THIS OTHER PROGRAM?

                                 MS. WEINSTEIN:  NO.  ALL OF THIS IS REALLY DONE --

                    THEY'RE NOT SITTING THERE -- THEY'RE NOT SITTING IN TAX AND FINANCE

                    COUNTING OUT THE PENNIES.  THEY WON'T BE COUNTING THE, YOU KNOW,

                    SITTING -- GETTING THOSE AND SITTING AND ROLLING THE PENNIES AND

                    DEPOSITING THEM.  IT'S ALL DONE -- IT'S REALLY BEING DONE ELECTRONICALLY

                    AND WITH THE SUPERVISION OF -- OF THE STAFF.  SO I DON'T -- I DON'T -- WE

                    DON'T ANTICIPATE ADDITIONAL COSTS.

                                 MR. LALOR:  OKAY, THANK YOU.  I REALLY APPRECIATE

                    IT.

                                 ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. LALOR:  YOU KNOW, I THINK WE GET THE BENEFITS

                    OF A PLASTIC BAG BILL FOR A FEW MILLION DOLLARS IN PUBLIC SERVICE

                    ANNOUNCEMENTS TELLING PEOPLE, HEY, DON'T BE CARELESS WITH YOUR PLASTIC

                    BAGS.  IF YOU USE THEM, REUSE THEM A FEW TIMES, THROW THEM AWAY

                    PROPERLY, AND WE WOULDN'T HAVE ALL THESE UNINTENDED CONSEQUENCES AND

                                         55



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    WE WOULDN'T HAVE TO BE HEAVY-HANDED AS A STATE WHERE WE'RE REACHING

                    DOWN INTO COMMUNITIES SAYING, THIS IS HOW YOU HAVE TO BUY YOUR

                    GROCERIES.  THIS IS HOW YOU HAVE TO CARRY YOUR GROCERIES HOME.

                    THERE'S A -- THERE'S A MUCH BETTER WAY, THAT'S ONE -- ONE BETTER WAY.  I

                    THINK WE'RE -- I THINK WE'RE GOING TO SPIN OUR WHEELS HERE.  I THINK THERE

                    IS GOING TO BE COSTS TO THE STATE.  AND I'M NOT CONVINCED THERE'S GOING

                    TO BE ANY POSITIVE IMPACT TO THE ENVIRONMENT, AND I OUTLINED SOME

                    REALLY -- REALLY TROUBLING POTENTIAL NEGATIVE IMPACTS ON THE

                    ENVIRONMENT.

                                 THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. MONTESANO.

                                 MR. MONTESANO:  THANK YOU, MR. SPEAKER.

                                 ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. MONTESANO:  REGARDING THIS

                    MUCH-TALKED-ABOUT PLASTIC BAG BAN.  YOU KNOW, BASED ON THE QUESTIONS

                    FROM MY COLLEAGUE FROM SUFFOLK COUNTY BEFORE AND SOME OF THE

                    STATEMENTS BY THE OTHER MEMBERS, THIS PROVISION IS JUST TROUBLING IN

                    RESPECT TO WHILE I AGREE WITH THE ENVIRONMENTAL ISSUE THAT WE SHOULD

                    DEAL WITH THE PLASTIC BAG ISSUE.  ALL THE EXEMPTIONS THAT ARE PROVIDED

                    FOR IN THIS PARTICULAR PART OF THE BILL, AND THEY'RE VERY LENGTHY, ALL THE

                    EXEMPTIONS THAT THEY PROVIDE FOR.  IT'S LIKE WE'RE NOT ELIMINATING PLASTIC

                    BAGS AT ALL.  THE ONLY PLASTIC BAGS THAT SEEM TO BE ELIMINATED BY THIS

                    BILL ARE THE ONES THAT YOU ACTUALLY CARRY YOUR GROCERIES OUT OF THE

                                         56



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    SUPERMARKET, AND THAT'S IT.  EVERYTHING ELSE AS FAR AS PHARMACIES FOR

                    PRESCRIPTIONS, FOOD STORAGE BAGS, NEWSPAPER DELIVERIES AND MANY OTHER

                    DIFFERENT PACKAGING OPTIONS ARE ALL -- ARE ALL EXEMPTED UNDER THIS BILL.

                    SO WHAT ARE WE REALLY DOING?  AND WE'RE TELLING THE STORES TO GO BACK

                    AND USE PAPER, AND IF THEY -- IF THE PERSON DECIDES TO TAKE A PAPER BAG

                    AND NOT A REUSABLE BAG THEY BRING FROM HOME, IT'S FIVE CENTS PER BAG.

                    SO WE'RE IMPOSING A FINANCIAL HARDSHIP ON PEOPLE.  IT WAS POINTED OUT

                    BEFORE, SENIOR CITIZENS ARE NOT EXEMPTED FROM THIS.  MANY OF THE

                    LOW-INCOME PEOPLE AREN'T EXEMPTED EXCEPT IF YOU'RE ON A WIC

                    PROGRAM OR A SNAP PROGRAM.  BUT THERE ARE MANY LOW-INCOME PEOPLE

                    THAT ARE NOT ABLE TO PARTICIPATE IN THOSE PROGRAMS AND STILL STRUGGLE

                    FINANCIALLY WITH THEIR GROCERY BILLS AND OTHER TYPES OF BILLS THAT THEY

                    HAVE.  WHILE I REALIZE THAT THERE'S DIFFERENT STUDIES OUT THERE THAT TALK

                    ABOUT THE ENVIRONMENTAL PROBLEMS WITH NOT ONLY THE PRODUCTION OF THE

                    PLASTIC BAG, BUT ITS DISPOSAL, WE'RE ALSO CONFRONTED WITH THE SAME ISSUES

                    WITH BROWN PAPER BAGS.  THE MANUFACTURING OF THE BROWN PAPER BAG,

                    THE HARVESTING OF THE TREES, THE PROCESSING OF THEM, THE UTILIZATION -- THE

                    LARGE AMOUNTS OF UTILIZATION OF WATER THEY TAKE UP FOR THEIR PROCESSING,

                    THE FUEL THAT'S BURNED FOR THE PROCESSING OF BROWN PAPER BAGS.  AND

                    THEY'RE NOT ALWAYS BIODEGRADABLE, EITHER, DEPENDING ON WHAT LANDFILL

                    THEY WIND UP IN, AND THEY'RE NOT ALWAYS RECYCLABLE BECAUSE COMPANIES

                    ARE NOT ALWAYS INTERESTED IN PUTTING THEM THROUGH THE RECYCLING

                    PROGRAM.  SO, REALLY, BOTH BAGS ARE A POTENTIAL PROBLEM TO THE

                    ENVIRONMENT AND HAVE CONSEQUENCES.  SO, IF WE'RE GOING TO ADDRESS IT

                    THE RIGHT WAY FOR ENVIRONMENTAL ISSUES, LET'S BAN ALL THE BAGS AND MAKE

                                         57



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    PEOPLE COME WITH REUSABLE BAGS WHEN THEY GO SHOPPING FOR

                    EVERYTHING.  WHETHER THEY'RE GOING TO THE DRUGSTORE TO PICK UP A

                    PRESCRIPTION, WHETHER THEY'RE GOING TO THE DRY CLEANERS.  LET'S JUST DO IT

                    ACROSS THE BOARD AND -- AND REALLY HAVE AN IMPACT ON THE ENVIRONMENT

                    THE RIGHT WAY.  BUT THE WAY WE'RE DOING IT THIS WAY, WE'RE STILL

                    CONTINUING THE USE OF PLASTIC BAGS.  AND I SAW SOME PICTURES OUT THERE

                    FOR THE ADVERTISEMENTS FROM THE DIFFERENT PUBLIC INTEREST GROUPS TO

                    SUPPORT THIS BILL, AND THEY SHOW YOU LIKE, YOU KNOW, PLASTIC BAGS

                    HANGING FROM TREES AND IN THE WATERWAYS AND LAYING ON THE FLOOR IN THE

                    PARKS.  AND ONE OF THE BIG EXEMPTIONS HERE IS PLASTIC CARRYOUT BAGS

                    PROVIDED BY RESTAURANTS, TAVERNS, SIMILAR FOOD SERVICE ESTABLISHMENTS TO

                    CARRY OUT AND DELIVER FOOD.  OKAY?  WELL, THOSE ARE THE ONES THAT YOU

                    COMMONLY FIND IN THE PARK, THAT WIND UP EVERYWHERE ELSE IN TRASH

                    BASKETS OR LOOSE ON THE STREETS.  SOMEBODY BUYS A SANDWICH FROM A

                    DELI, CONSUMES THE SANDWICH, TAKES THE BAG AND TOSSES IT.  IT EITHER GOES

                    INTO A RECEPTACLE ON THE STREET WHERE IT BLOWS OUT LATER OR THEY THROW IT

                    ON THE STREET.  GENERALLY, PEOPLE THAT TAKE PLASTIC BAGS HOME FROM

                    SHOPPING, REUSE THOSE BAGS.  THEY TAKE THEIR LUNCH TO WORK IN THAT BAG

                    AND THEY USE IT FOR MANY OTHER DIFFERENT ITEMS TO TRANSPORT THEIR

                    BELONGINGS AROUND.  SO IF WE'RE REALLY GOING TO BE SERIOUS ABOUT THESE

                    ENVIRONMENTAL ISSUES, LET'S STOP TAXING PEOPLE ON THE ISSUE.  LET'S DO

                    LIKE WE DO WHEN YOU GO TO COSTCO, WHEN YOU GO TO BJ'S OR ALL THESE BIG

                    WHOLESALE CLUBS.  THEY GIVE YOU NOTHING TO TAKE YOUR BELONGINGS OUT

                    WITH.  YOU PUT IT IN THE SHOPPING CART AND YOU GO LOAD IT INTO THE BACK

                    OF YOUR CAR.  AND IF YOU FEEL LIKE IT, YOU PICK UP A COUPLE OF THEIR

                                         58



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    DISCARDED CARDBOARD BOXES AND YOU CAN PUT A FEW ITEMS IN THERE.  A

                    REGULAR THING FOR ME ALL THE TIME.  THEY DON'T GIVE YOU BAGS.  SO LET'S

                    TURN AROUND AND TELL PEOPLE TO GO OUT AND GET THE REUSABLE BAGS, DO ALL

                    YOUR SHOPPING THAT WAY AND LET'S REALLY PUT AN IMPACT ON THE

                    ENVIRONMENT AND ELIMINATE THE BROWN PAPER BAGS, ALSO.

                                 THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. PALMESANO.

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

                    CHAIRWOMAN YIELD FOR SOME QUESTIONS, PLEASE?

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN, WILL

                    YOU YIELD?

                                 MS. WEINSTEIN:  YES.

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN

                    YIELDS.

                                 MR. PALMESANO:  THANK YOU, MADAM

                    CHAIRWOMAN.  A FEW QUESTIONS.  THERE'S -- THERE'S A COUPLE ITEMS WHEN

                    I WAS LOOKING THROUGH THAT WERE LISTED AS INTENTIONALLY OMITTED, AND I

                    JUST KIND OF -- MY QUESTION IS, REALLY, ARE THEY PERMANENTLY OMITTED OR

                    ARE WE GOING TO POSSIBLY SEE THEM OR WE'LL SEE THEM LATER?  THE FIRST

                    PART OF THE PROVISION I WAS CURIOUS ABOUT IS THE PROVISION THAT WAS

                    INTENTIONALLY OMITTED ON NET NEUTRALITY.

                                 MS. WEINSTEIN:  YEAH.  I BELIEVE THAT WE'LL BE NOT

                    LOOKING AT IT TODAY, BUT OUTSIDE OF THE BUDGET, HAVING CONTINUED

                    DISCUSSIONS.

                                         59



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MR. PALMESANO:  THANK YOU.  THE OTHER ONE WAS

                    RELATIVE TO THE PROPOSAL ON THE CLIMATE LEADERSHIP ACT WHICH CREATES A

                    COUNCIL ON CLIMATE CONTROL.

                                 MS. WEINSTEIN:  THAT WE WILL NOT BE DISCUSSING

                    LATER ON TODAY.

                                 MR. PALMESANO:  OKAY.  SO THAT'S GOING TO BE

                    PERMANENTLY OMITTED FROM THE BUDGET?

                                 MS. WEINSTEIN:  YES.

                                 MR. PALMESANO:  OKAY.  THANK YOU.

                                 RELATIVE TO NYPA - I KNOW WE WERE TALKING A LITTLE

                    EARLIER ABOUT GIVING THEM CONTRACTS TO DO RENEWABLE PROJECTS.  DO WE

                    HAVE A DOLLAR AMOUNT, OR CAN YOU QUANTIFY HOW MUCH WE'RE TALKING

                    ABOUT, HOW MUCH MONEY THEY HAVE ALLOCATED?  IS IT UNLIMITED, OR IS

                    THERE A BUDGET FOR THAT OR NO?

                                 (PAUSE)

                                 MS. WEINSTEIN:  SO THEY -- THEY CAN FINANCE SIX

                    PROJECTS THAT ARE 25 WATTS, THE MINIMUM.

                                 (PAUSE)

                                 ACTUALLY, SINCE IT'S -- NYPA IS OFF-BUDGET, THEY DO

                    HAVE FUNDS THAT THEY WOULD BE ABLE TO USE FOR THESE PROJECTS.

                                 MR. PALMESANO:  OKAY.  SO IT'S UP TO THEIR

                    DISCRETION WITH THE FUNDING THEY HAVE AVAILABLE.

                                 MS. WEINSTEIN:  CORRECT.

                                 MR. PALMESANO:  SO WOULD IT BE POSSIBLE -- WE

                    HAVE SUCCESSFUL PROGRAMS THAT GET FUNDED THROUGH NYPA LIKE

                                         60



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    RECHARGE NY WHICH PROVIDES LOW-COST POWER TO MANUFACTURERS AND

                    BUSINESSES SO THEY CAN HELP LOWER THEIR ENERGY COSTS AND BE MORE

                    COMPETITIVE IN THE -- IN THE BUSINESS CLIMATE THAT WE FACE IN NEW YORK

                    STATE AND COMPETITIVELY, AND HAS BEEN RESPONSIBLE FOR THOUSANDS OF

                    JOBS CREATED OVER THE YEARS.  IS IT NOT POSSIBLE THAT FUNDING FOR

                    RECHARGE NY, THE DOLLARS THAT GO FOR THOSE PROGRAMS, COULD BE

                    JEOPARDIZED IF THEY SO CHOOSE TO FUND MORE OF THESE PROGRAMS RATHER

                    THAN FUNDING RECHARGE NY?  IS THAT NOT POSSIBLE?

                                 (PAUSE)

                                 MS. WEINSTEIN:  THE -- YOU KNOW -- RIGHT.  SO THIS

                    IS THE AUTHORIZATION FOR NYPA TO DO THESE OTHER PROJECTS --

                                 MR. PALMESANO:  RIGHT.

                                 MS. WEINSTEIN:  -- THAT WE SPOKE OF, BUT NOT THE

                    RECHARGE NY.  SO THE TRUSTEES WILL HAVE TO DETERMINE IF THERE ARE OTHER

                    RESOURCES AVAILABLE TO DO THOSE OTHER PROJECTS, AND WE WOULDN'T

                    ANTICIPATE THE REDUCTION OR ELIMINATION OF THE RECHARGE NY PROGRAMS.

                                 MR. PALMESANO:  SO WE DON'T EXPECT IT, BUT IT IS

                    POSSIBLE.  IF THE -- IF THE FUNDING IS THERE, IT IS A POSSIBILITY?  THAT'S ALL

                    I'M ASKING.  THEY CAN DO WHATEVER THEY WANT, BASICALLY, RIGHT?

                                 MS. WEINSTEIN:  IT -- THIS DOESN'T CHANGE WHAT THEY

                    CAN DO TODAY.

                                 MR. PALMESANO:  OKAY.

                                 MS. WEINSTEIN:  SO, YOU KNOW, THEY COULD TODAY

                    REJIGGER THEIR -- THE FUNDS FOR DIFFERENT PROGRAMS, SO THIS DOESN'T

                    CHANGE THAT.

                                         61



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MR. PALMESANO:  ONE OTHER -- ONE OTHER

                    QUESTION.  RELATIVE TO THE WESTCHESTER COUNTY RENEWABLE ENERGY

                    PROJECT, DO WE KNOW HOW MUCH MONEY IS BEING ALLOCATED FOR THAT?  I

                    KNOW THAT'S BEING DONE THROUGH NYSERDA.  I KNOW NYSERDA'S OFF

                    THE BOOKS, TOO, SO THERE'S NO DOLLAR LIMIT ON THE AMOUNT THAT WOULD COST

                    AND THEY COULD SPEND AS MUCH MONEY AS THEY NEEDED TO DO THIS

                    WESTCHESTER COUNTY RENEWABLE PROJECT?

                                 MS. WEINSTEIN:  THERE AREN'T DOLLARS ASSOCIATED

                    WITH THAT THAT I COULD DESCRIBE TO YOU.  AND, YOU KNOW, THIS IS -- WILL

                    BE A PUBLIC PROCESS.  THIS IS IN RESPONSE TO CON EDISON'S -- I THINK WE

                    DISCUSSED THIS DURING THE ONE-HOUSE --

                                 MR. PALMESANO:  YES.

                                 MS. WEINSTEIN:  -- THE CON EDISON'S STATEMENT AND

                    DECISION TO NOT DO NEW HOOK-UPS.

                                 MR. PALMESANO:  AND PART OF THAT PROBLEM WITH

                    THE NOT BEING ABLE TO PROVIDE THE NATURAL GAS IS BECAUSE THE

                    ADMINISTRATION HAS SINGLE-HANDEDLY BLOCKED THREE INTERSTATE WHOLESALE

                    PIPELINE PROJECTS FROM BEING DEVELOPED IN THE STATE, WHICH MEANS THERE

                    IS -- THERE IS A DEMAND FOR A NATURAL GAS.  WE HAVE PLENTY OF SUPPLY, IT'S

                    JUST THAT WE DON'T HAVE THE INFRASTRUCTURE TO GET IT THERE.  I -- I'M NOT

                    SAYING THAT WESTCHESTER DOESN'T HAVE THE RETAIL CAPACITY, BUT I'M TALKING

                    ABOUT THE INTERSTATE WHOLESALE CAPACITY IS BECAUSE THIS ADMINISTRATION

                    HAS SINGLE-HANDEDLY BLOCKED INTERSTATE PIPELINE PROJECTS FROM BEING

                    CONSTRUCTED.  THAT'S WHY WE HAVE THIS, BECAUSE THERE'S A LACK OF SUPPLY

                    BECAUSE -- NOT BECAUSE OF THE LACK OF SUPPLY, BUT BECAUSE OF THE

                                         62



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    INFRASTRUCTURE NOT TO GET THERE.  IS THAT NOT CORRECT?

                                 MS. WEINSTEIN:  WELL, THAT -- THAT IS NOT PART OF THE

                    -- THE DISCUSSION BUT, YOU KNOW, CLEARLY, WE ARE TRYING TO MOVE

                    TOWARDS RENEWABLE ENERGY AND SAVING -- AND SAVING OF OUR -- OUR

                    RESOURCES.  SO THIS IS A MOVE IN THAT DIRECTION.

                                 MR. PALMESANO:  THE ONLY REASON I ASK THE

                    QUESTION IS BECAUSE YOU SAID THE REASON WE'RE DOING THIS IS BECAUSE

                    CON ED HAS PUT THE MORATORIUM, AND THAT'S THE REASON THE MORATORIUM'S

                    IN PLACE.  I UNDERSTAND THE PHILOSOPHY OF MANY FROM YOUR SIDE OF THE

                    AISLE AS RELATIVE TO (INAUDIBLE) RENEWABLES, AND I CERTAINLY SUPPORT

                    RENEWABLES, BUT I ALSO BELIEVE NATURAL GAS SHOULD BE A PART OF THAT

                    PORTFOLIO.  AND THE PROBLEM IS THAT RIGHT NOW WE HAVE THAT

                    INFRASTRUCTURE PROBLEM SO WE CAN'T GET NATURAL GAS TO GET THERE RIGHT

                    NOW.  IF THE CAPACITY WAS THERE, WE'D BE ABLE TO HAVE THE NATURAL GAS,

                    YES?

                                 MS. WEINSTEIN:  ALL RIGHT --

                                 MR. PALMESANO:  IT'S JUST A YES OR NO.  THAT'S ALL.

                                 MS. WEINSTEIN:  IS THAT A QUESTION?

                                 MR. PALMESANO:  OKAY.  SO HERE'S A QUESTION.  SO

                    WHEN -- WHEN -- IS IT UNDER THE COMMON ECONOMICS WHEN THE -- WHEN

                    THERE'S A STRONG DEMAND BUT NO SUPPLY, PRICES -- COST GOES UP, GENERALLY

                    SPEAKING, DOESN'T IT?

                                 MS. WEINSTEIN:  YOU KNOW -- YOU KNOW, WE DO

                    HAVE A GOAL TO TRY AND MOVE TOWARDS RENEWABLE ENERGY, AND THIS

                    PROJECT FOR WESTCHESTER IS TO MEET THAT -- TO MOVE TOWARDS THAT GOAL.

                                         63



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MR. PALMESANO:  SO WHAT DO WE DO, WE DEVELOP

                    THESE RENEWABLE PROJECTS IN ROCHESTER -- OR WESTCHESTER, EXCUSE ME.

                                 MS. WEINSTEIN:  WESTCHESTER, RIGHT.

                                 MR. PALMESANO:  WE DEVELOP THESE PROJECTS.  SO

                    WHAT HAPPENS ON THE DAYS WHEN THE SUN DOESN'T SHINE, THE WIND DOESN'T

                    BLOW, THEN WE DON'T HAVE ENERGY.  THEN WHAT DO WE DO?  BECAUSE RIGHT

                    NOW, INTER -- IT'S INTERMITTENT ENERGY.  YOU NEED A CONVENTIONAL BACKUP,

                    AND IF THERE'S NO CONVENTIONAL BACKUP LIKE NATURAL GAS, WHAT ARE YOU

                    GOING TO DO, BURN OIL?

                                 MS. WEINSTEIN:  THE -- YOU KNOW, CLEARLY, THIS IS

                    PART OF -- THIS PROGRAM IS TO COME UP WITH SOURCES OF RENEWABLE

                    ENERGY, RESEARCH ON STORAGE OF -- OF RENEWABLE ENERGY FOR SOME OF

                    THOSE DAYS THAT YOU -- YOU MENTIONED.  AND, HOPEFULLY, THIS IS

                    SOMETHING THAT CAN HAPPEN HERE TO -- WITH -- TO HELP THE ENVIRONMENT

                    AND WILL BE ADOPTED IN OTHER COMMUNITIES AS WELL.

                                 MR. PALMESANO:  THANK YOU, MADAM

                    CHAIRWOMAN, FOR YOUR TIME.

                                 MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. PALMESANO:  JUST TO KIND OF JUST REITERATE THE

                    -- THE CONVERSATION I WAS TRYING TO GET AT WITH MY COLLEAGUES.  THE

                    REASON THIS PROJECT'S BEING DEVELOPED IS BECAUSE THERE IS A -- THE GAS,

                    THE NATURAL GAS THAT WOULD BE ABLE TO GET THERE IS BECAUSE THIS

                    ADMINISTRATION, AS HE ALWAYS DOES BECAUSE HE THINKS HE KNOWS BEST,

                    HAS SINGLE-HANDEDLY BLOCKED THREE INTERSTATE PIPELINE PROJECTS.  THERE'S

                                         64



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    ALSO -- THERE'S ANOTHER PIPELINE PROJECT THAT'S BEING DEVELOPED AND

                    PROPOSED COMING FROM THE CITY THAT CAN HAVE AN IMPACT AS WELL THAT

                    MIGHT AFFECT NATIONAL GRID IN DEVELOPMENT IN THE CITY.  THIS IS

                    DANGEROUS ECON -- ENERGY POLICY FROM MY PERSPECTIVE.  WE CAN

                    DEVELOP ALL THESE WIND PROJECTS AND SOLAR PROJECTS, BUT IF THE WIND

                    DOESN'T BLOW AND THE SUN DOESN'T SHINE, THEN WHAT ARE YOU GOING TO DO?

                    BECAUSE WIND AND SOLAR IS INTERMITTENT.  YOU STILL NEED BACKUP ENERGY.

                    AND IF YOU CAN'T HAVE NATURAL GAS, WHAT ARE YOU GOING TO DO?  CONTINUE

                    TO BURN -- IN THE CITY, WHAT ARE YOU GOING TO DO?  CONTINUE TO BURN OIL?

                    I KNOW IN THE CITY THEY'RE TRYING TO CONVERT FROM OIL TO NATURAL GAS, BUT

                    YOU NEED TO GET THE NATURAL GAS THERE.  WHAT THIS IS IS SIMPLE

                    ECONOMICS.  WHEN YOU HAVE AN OVERWHELMING SUPPLY -- A DEMAND FOR

                    A PRODUCT BUT YOU DON'T GET -- YOU DON'T HAVE THE SUPPLY AND THE SUPPLY

                    CAN'T GET THERE, THAT'S GOING TO MAKE PRICES RISE FOR EVERYONE.  IT'S GOING

                    TO MAKE PRICES RISE FOR LOW-INCOME RESIDENTS.  IT'S GOING TO MAKE

                    ENERGY PRICES RISE FOR SENIOR CITIZENS, FOR FAMILIES, FOR A HIGH-INTENSIVE

                    -- HIGH-INTENSIVE ENERGY USERS LIKE OUR MANUFACTURERS, OUR SMALL

                    BUSINESSES, OUR FARMERS.  THIS IS BAD ENERGY POLICY, LADIES AND

                    GENTLEMEN.  JUST LIKE YOU WOULD INVEST IN YOUR 401(K).  YOU DON'T JUST

                    PUT IT ALL IN STOCKS AND BONDS AND CASH.  YOU DIVERSIFY YOUR PORTFOLIO.

                    WE SHOULD HAVE THE SAME DIVERSIFICATION WITHIN OUR ENERGY PORTFOLIO.

                    YES, I SUPPORT WIND AND SOLAR AND HYDRO, BUT I ALSO SUPPORT NATURAL GAS

                    AND NUCLEAR.  WE NEED A BALANCE IN OUR PORTFOLIO.  THAT'S WHAT HELPS

                    STABILIZE THE MARKET, BECAUSE OUR ENERGY POLICY SHOULD BE A

                    THREE-LEGGED STOOL.  IT SHOULDN'T JUST BE CLEAN.  IT'S GOT TO BE CLEAN, IT'S

                                         65



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    GOT TO BE AFFORDABLE AND RELIABLE.  WIND AND SOLAR ON THEIR OWN ARE NOT

                    RELIABLE AND AFFORDABLE.  WE NEED THAT BALANCE.  THAT'S WHY I THINK

                    POLICIES LIKE THIS -- TALKING ABOUT IT HERE RELATIVE TO THESE SPECIFIC

                    EXAMPLES IS A PROBLEM.  IT'S SOMETHING WE SHOULD REALLY BE LOOKING AT,

                    AND I KNOW AS WE LOOK FORWARD TO SOME OF THESE -- OF OUR OTHER CLEAN

                    ENERGY GOALS, THERE NEEDS TO BE A BALANCE IN THIS MECHANISM BECAUSE

                    IT'S GOING TO -- OTHERWISE IF WE DON'T, IF WE'RE GOING TO TRY TO MAKE THIS

                    PUSH TO 100 PERCENT CARBON-FREE BY 2040, THAT IS GOING TO DEVASTATE OUR

                    ECONOMY HERE IN THIS STATE.  I'D LOVE TO HAVE THAT DISCUSSION AND DEBATE

                    AT ANY TIME, AND I'M SURE WE WILL, BUT I'M GLAD IT'S BEING OMITTED FROM

                    THIS BUDGET.  THAT'S A POSITIVE SIGN.  I WAS GLAD TO HEAR THAT.

                                 BUT THIS IS DANGEROUS ENERGY POLICY, LADIES AND

                    GENTLEMEN, AND THAT'S THE CONCERN I HAVE BECAUSE ULTIMATELY, AT THE END

                    OF THE DAY, THESE HIGHER ENERGY COSTS ARE GOING TO BE PAID BY EVERYONE.

                    YES.  YOUR SENIOR CITIZENS, YOUR FAMILIES, YOUR SMALL BUSINESSES, YOUR

                    MANUFACTURERS, YOUR FARMERS.  AND FOR THAT REASON AND FOR A HOST OF

                    OTHER REASONS, I'M GOING TO BE VOTING NO ON THIS BILL.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. DENDEKKER.

                                 MR. DENDEKKER:  THANK YOU, MR. SPEAKER.

                                 ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. DENDEKKER:  SO, SEVERAL YEARS AGO WE TALKED

                    ABOUT CHARGING A NICKEL FOR A PLASTIC BAG.  AND I'M FROM THE -- A RECENT

                    RETIREE OF THE NEW YORK CITY DEPARTMENT OF SANITATION.  I BELIEVE IN

                                         66



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    RECYCLING WHOLEHEARTEDLY, AND I EXPLAINED I DID NOT BELIEVE THAT WAS A

                    GOOD IDEA.  AND THE REASON WHY I DIDN'T THINK SO IS BECAUSE IT WAS ONLY

                    GOING TO SOLVE 70 PERCENT OF THE PROBLEM.  THIRTY PERCENT OF THE

                    PROBLEM WAS STILL GOING TO BE AROUND.  THOSE PLASTIC BAGS COST

                    APPROXIMATELY 1,000TH OF A CENT, AND THE STORE WAS GOING TO CHARGE A

                    NICKEL AND GET TO KEEP THE MONEY, AND I DID NOT THINK IT WAS FAIR THAT

                    THE STORE SHOULD BE ABLE TO KEEP A PROFIT ON THIS ENVIRONMENTALLY-

                    UNFRIENDLY PRODUCT THAT IT WAS GIVEN TO THE PEOPLE THAT WERE SHOPPING

                    THERE.  AND I WAS TOLD THAT WE HAD TO CHANGE PEOPLE'S BEHAVIOR AND

                    THAT'S WHY WE WERE DOING IT.  I DECIDED TO PUT MY OWN BILL IN, AND MY

                    BILL SAID TO BAN THE PLASTIC BAGS.  I THOUGHT THAT WAS THE CORRECT THING TO

                    DO, AND I DID NOT BELIEVE THAT THE STORE SHOULD PROFIT FROM IT.  I DIDN'T

                    THINK PEOPLE SHOULD HAVE TO PAY TO CHANGE THEIR BEHAVIOR.  NOW WE

                    HAVE BEFORE US IN THIS BUDGET BILL A BILL TO BAN PLASTIC BAGS.  I'M VERY,

                    VERY HAPPY ABOUT THAT.  WE WILL SOLVE THE PROBLEM AND GET THE

                    ENVIRONMENTALLY-UNFRIENDLY BAGS OUT OF OUR ENVIRONMENT.  HOWEVER,

                    THERE'S ANOTHER PROBLEM THAT'S NOW HERE.  WE DIDN'T TAKE A VERY

                    COMMONSENSE APPROACH.  WE NOW DECIDED TO CHARGE FIVE CENTS FOR

                    PAPER BAGS AS AN OPT-IN.  AND THE STORE DOESN'T GET TO KEEP THE MONEY.

                    NOW, ORIGINALLY I WAS AGAINST THE STORE GETTING TO KEEP THE MONEY

                    BECAUSE THE BAGS ARE ONLY GOING TO COST A 1,000TH OF A CENT AND THEY

                    WERE GOING TO MAKE A PROFIT OFF IT.  NOW, UNFORTUNATELY, WE'RE GOING TO

                    TELL THEM TO GIVE OUT PAPER BAGS AND THEY CAN'T CHARGE FOR IT.  THE PAPER

                    BAGS COST SUBSTANTIALLY MORE TO THE BUSINESS.  SO NOW THE BUSINESS IS

                    GOING TO HAVE TO SPEND MORE MONEY TO BUY PAPER BAGS AND GIVE THEM

                                         67



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    AWAY, CHARGE A FEE, AND NOT BE ABLE TO RECOUP ANY OF THAT MONEY.  SO

                    THEY'RE GOING TO CHARGE US MORE MONEY FOR THE PRODUCTS IN THEIR STORES

                    TO RECOUP THE AMOUNT OF MONEY THAT IT'S GOING TO COST THEM TO NOW GIVE

                    US THE PAPER BAG.  SO IN THEORY, THOSE OF YOU WHO NOW BRING YOUR

                    REUSABLE BAG WILL BE PAYING MORE FOR YOUR GROCERIES FOR THE PAPER BAG.

                    THAT WASN'T A REALLY BRIGHT IDEA NOW, WAS IT?  THE OTHER BRIGHT IDEA THAT

                    WE DECIDED TO DO WAS MAKE IT AN OPT-IN WHERE THREE CENTS OF IT WILL GO

                    TO THE ENVIRONMENTAL FUND AND TWO CENTS WOULD GO BACK TO THE LOCAL

                    MUNICIPALITY TO SUPPLY REUSABLE BAGS TO THE PUBLIC.  THE PROBLEM ABOUT

                    THAT IS BEING AN OPT-IN NOW, THINK ABOUT THAT LARGE BUSINESS THAT HAS

                    MAYBE STORES THROUGHOUT THE STATE OF NEW YORK.  NOW IN SOME

                    COUNTIES THAT OPT IN, IT'S GOING TO HAVE TO COLLECT FIVE CENTS.  IN OTHER

                    COUNTIES IT'S NOT GOING TO COLLECT ANYTHING.  BUT EITHER WAY, THAT STORE IS

                    GOING TO HAVE TO PURCHASE ALL THESE PAPER BAGS THAT IT'S GOING TO COST

                    THEM MORE MONEY AND GIVE AWAY FOR FREE.  AGAIN, WE MISSED THE BOAT.

                    WE SHOULD'VE LEFT IT THE WAY IT WAS IN MY BILL.  WE SHOULD'VE CHARGED A

                    FEE AND LET THE STORE KEEP THE MONEY FOR THE ADDITIONAL MONEY THAT THEY

                    WERE GOING TO HAVE TO SPEND FOR PAPER.  AND IT SHOULD'VE BEEN A HIGHER

                    FEE.  MINE WAS TEN CENTS.  THE STORE MIGHT'VE MADE MONEY, BUT IT

                    WOULD'VE ONLY MADE MONEY BECAUSE IT WOULD'VE HAD TO BUY A MORE

                    EXPENSIVE PRODUCT TO GIVE US THAT WAS BETTER FOR OUR ENVIRONMENT.  I

                    ALSO SAID THAT WE SHOULD MAKE THEM OR ADVISE THEM OR HOPEFULLY GET

                    THEM TO DECIDE ABOUT 100 PERCENT COMPOSTABLE BAGS MADE FROM

                    PLANT-BASED MATERIALS, WHICH, BY THE WAY, ONLY COST APPROXIMATELY 11

                    CENTS EACH.  THAT WOULD'VE BEEN ANOTHER OPTION.  OR I EVEN LIKE THE

                                         68



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    IDEA THAT ONE OF MY OTHER COLLEAGUES HAD; A DOLLAR-FOR- DOLLAR TAX CREDIT

                    FOR PURCHASING A REUSABLE BAG.  BUT GOING DOWN THE SLOPE THAT WE WENT

                    JUST NOW ON CREATING THIS OPT-IN FUND IS GOING TO BE A LAWSUIT BY

                    BUSINESSES THAT ARE GOING TO SAY, HOW DO I COLLECT A FEE IN ONE COUNTY

                    AND NOT IN ANOTHER COUNTY?  HOW DO I TURN THIS MONEY OVER?  IT'S GOING

                    TO BE A NIGHTMARE TO THOSE STORES.  IT'S ALSO GOING TO BE A NIGHTMARE THAT

                    THEY HAVE TO SPEND MORE MONEY ON A PRODUCT AND NOT GET ANYTHING IN

                    RETURN FOR IT.  SO THE WAY THEY'RE GOING TO PASS IT ON IS WE ARE NOW ALL

                    GOING TO PAY MORE MONEY.  THAT WAS THE INGENIOUSNESS OF PUTTING THIS

                    IN THE BUDGET AS IS.  I'M GOING TO VOTE FOR IT BECAUSE I HATE

                    ENVIRONMENTALLY-UNFRIENDLY BAGS.  EVERYTHING ELSE THAT HAS TO DO WITH

                    THIS THING WAS DONE WRONG.  IT SHOULD'VE BEEN TAKING YOUR TIME.  THIS

                    COULD'VE BEEN DONE VERY EASILY WITH COMMONSENSE APPROACHES.  NEXT

                    TIME YOU HAVE QUESTIONS ABOUT RECYCLING, ASK SOMEONE FROM THE

                    SANITATION DEPARTMENT.  THEY'LL TELL YOU HOW TO DO IT.

                                 WHEN I FIRST CAME HERE, I REMEMBER SAYING TO MYSELF,

                    MAYBE I'M A LITTLE OUT OF MY LEAGUE.  MAYBE YOU SHOULD BE A

                    PHILOSOPHER OR A LAWYER TO BE IN THIS CHAMBER.  AFTER MY FIRST YEAR, I

                    WENT BACK TO MY LOCAL SANITATION FRIENDS AND TOLD THEM, WE NEED MORE

                    GARBAGEMEN IN ALBANY.  THEY HAVE NO IDEA WHAT THEY'RE DOING.  AND

                    THIS BILL PROVES IT.

                                 ACTING SPEAKER AUBRY:  MR. MANKTELOW.

                    THANK YOU.

                                 MR. MANKTELOW:  THANK YOU, SPEAKER.  WILL THE

                    SPONSOR YIELD -- OR WILL THE CHAIRMAN YIELD -- CHAIRWOMAN?

                                         69



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN, WILL

                    YOU YIELD?

                                 MS. WEINSTEIN:  YES.

                                 MR. MANKTELOW:  THANK YOU, CHAIRWOMAN.  JUST

                    A COUPLE OF QUICK QUESTIONS --

                                 MS. WEINSTEIN:  SURE.

                                 MR. MANKTELOW:  -- ON THE MANAGEMENT OF FOOD

                    WASTE.

                                 MS. WEINSTEIN:  SURE.

                                 MR. MANKTELOW:  IN THE BILL ON SECTION 27-2201,

                    PAGE 42, LINE 5, THEY -- THEY TALK ABOUT FOOD PROCESSING IN THERE, FOOD

                    PROCESSORS.  COULD YOU DEFINE TO ME WHAT FOOD PROCESSORS ARE?

                                 MS. WEINSTEIN:  IT'LL TAKE A MINUTE FOR ME TO --

                                 MR. MANKTELOW:  SURE.

                                 MS. WEINSTEIN: -- PULL UP THAT.

                                 MR. MANKTELOW:  TAKE YOUR TIME.

                                 (PAUSE)

                                 MS. WEINSTEIN:  SO, WE DON'T IN THIS LEGISLATION

                    DEFINE "FOOD PROCESSOR."  IT'S A LOCATION THAT CAN HANDLE THE WASTE THAT

                    CAN COMPOST IT.

                                 MR. MANKTELOW:  SO THIS -- THIS FOOD PROCESSING,

                    THIS ISN'T SOMEBODY THAT ACTUALLY PRODUCES FOOD?

                                 MS. WEINSTEIN:  NO.  THEY GET THE END -- WELL, THE

                    IN-BETWEEN END PRODUCT, IF YOU WILL.

                                 MR. MANKTELOW:  OKAY.  SO, I GUESS ONE OF MY

                                         70



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    QUESTIONS IS THAT UP IN OUR DISTRICT AND THROUGHOUT MANY AREAS OF NEW

                    YORK STATE, WE HAVE BIG EGG FACILITIES THAT PROCESS MULTIPLE VEGETABLES,

                    APPLES, MILK, STUFF LIKE THAT.  IS THIS GOING TO BE COVERED UNDER THAT,

                    THEN?

                                 MS. WEINSTEIN:  ARE THEY GOING TO BE CLASSIFIED AS

                    FOOD PROCESSORS, OR ARE THEY GOING TO BE REQUIRED TO --

                                 MR. MANKTELOW:  ARE THEY GOING TO BE REQUIRED

                    TO GO ALONG WITH THIS BILL?

                                 MS. WEINSTEIN:  IF THEY HAVE TWO TONS OF -- OF

                    WASTE.  SO, YOU KNOW, YOU SAID APPLE -- YOU SAID APPLES.  SO IF THEY

                    HAVE TWO TONS OF ROTTEN APPLES OR IF THEY MAKE PRODUCTS WITH THOSE

                    APPLES AND THEY HAVE APPLE CORES AND APPLE SKINS THAT COME OUT TO TWO

                    -- TWO TONS A WEEK, YES, THEY WOULD BE COVERED.

                                 MR. MANKTELOW:  OKAY.  OKAY.  SO IN OUR

                    DISTRICT UP -- UP IN WAYNE COUNTY, WE HAVE THE LARGEST APPLE PRODUCE

                    -- PROCESSING PLANT IN NEW YORK STATE, PROBABLY ONE OF THE BIGGEST

                    ONES IN THE UNITED STATES.  TWO TONS WOULD PROBABLY BE A BY-PRODUCT

                    EVERY -- EVERY HOUR THERE.  SO THIS BUSINESS IS GOING TO HAVE TO GO

                    ALONG AND DO THIS, CORRECT?

                                 MS. WEINSTEIN:  AS -- AS LONG AS THERE'S A FACILITY

                    WITHIN 25 MILES THAT WOULD BE ABLE TO PROCESS THAT FOOD WASTE.

                                 MR. MANKTELOW:  OH, OKAY.  SO IF THERE'S NOT A

                    FACILITY WITHIN 25 MILES, THEY DO NOT HAVE TO DO THIS.

                                 MS. WEINSTEIN:  THEY'RE NOT REQUIRED.

                                 MR. MANKTELOW:  OKAY.  ALSO, WE HAVE A LOT OF

                                         71



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    SMALLER ONION PACKERS, APPLE PACKERS, POTATO PACKERS IN OUR AREA, IN

                    OUR RURAL AREAS, AS WELL AS FARM MARKETS, BIGGER FARM MARKETS.  AND I

                    KNOW THERE'S TIMES WHEN THERE'S A LOT OF EXCESS, LIKE, PARTIALLY BAD

                    APPLES, PARTIALLY BAD ONIONS THAT GOES WITH -- THAT WAS BEING THROWN

                    OUT.  WOULD THEY ALSO HAVE TO ADHERE TO THIS AS WELL?

                                 MS. WEINSTEIN:  IF THEY -- IF THEY MEET THE TWO-TON

                    REQUIREMENT, YES.  AND A PART OF THIS IS TO ENCOURAGE PRODUCTS -- FOOD

                    PRODUCTS THAT ARE LEFT OVER, BUT NOT ROTTEN, TO BE ABLE TO BE DONATED,

                    DISTRIBUTED TO ENCOURAGE -- TO ENCOURAGE THAT REDUCED WASTE.

                                 MR. MANKTELOW:  WELL, A LOT -- A LOT OF THESE

                    SAME FACILITIES, THESE MARKETS AND THESE PACKERS, THEY ALREADY DO THAT

                    WHEN THERE'S EXCESS (INAUDIBLE) OR MAYBE NOT A GRADE -- GRADE A, BUT

                    MAYBE A GRADE B.  THEY ALREADY DO DONATE TO FOOD PANTRIES.

                                 MS. WEINSTEIN:  THAT'S GREAT.

                                 MR. MANKTELOW:  THE FOODLINK.  SO I GUESS MY

                    QUESTION IS WHY DO WE REALLY NEED TO LEGISLATE THIS?

                                 MS. WEINSTEIN:  IT -- IT HAS TO -- BOTH THE -- I GUESS

                    THE ENCOURAGEMENT OF DONATION FOR THOSE THAT ARE NOT AS -- AS -- DOING

                    AS GOOD WORK AS SOME OF THE PROGRAMS THAT YOU DISCUSSED, BUT IT'S TO

                    DEAL WITH THE WASTE TO MAKE SURE THAT FOOD THAT IS USABLE IS DONATED OR

                    GIFTED AND THAT -- THAT THE WASTE MATERIALS ARE COMPOSTED AND NOT JUST

                    ENTERING INTO THE GENERAL WASTE STREAM.

                                 MR. MANKTELOW:  SO -- SO SOME OF THESE

                    BY-PRODUCTS FROM THE MANUFACTURING, SAY, APPLE SLICES, SOME OF THOSE

                    APPLE SLICES, WE TAKE THEM BACK OUT AND SPREAD THEM OVER OUR

                                         72



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    AGRICULTURAL FIELDS.  THERE'S AN ORGANIC MATTER THERE.  ARE WE STILL GOING

                    TO BE ALLOWED TO DO THAT?

                                 MS. WEINSTEIN:  YES.

                                 MR. MANKTELOW:  ANYTHING LIKE THAT?

                                 MS. WEINSTEIN:  YES.

                                 MR. MANKTELOW:  SO AS LONG AS WE'RE USING IT

                    FOR A SECONDARY USE, WE'RE OKAY TO DO IT?

                                 MS. WEINSTEIN:  YES.

                                 MR. MANKTELOW:  OKAY.  ALL RIGHT.  I THANK YOU,

                    MADAM, FOR ANSWERING THE QUESTIONS.

                                 MS. WEINSTEIN:  SURE.

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

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. MANKTELOW:  OKAY.  AS -- AS WE'VE TALKED

                    ABOUT HERE ALREADY TODAY, SOME OF THESE THINGS THAT WE'RE BRINGING

                    FORWARD, I JUST REALLY HAVE BIG CONCERNS FOR OUR SMALL BUSINESSES, SOME

                    OF OUR LOCAL SMALLER BUSINESSES THAT ARE GOING TO HAVE TO DEAL WITH THIS.

                    YOU KNOW, PUTTING IN A REFRIGERATION UNIT TO HOLD THESE UNTIL THEY'RE

                    TRANSPORTED SOMEPLACE IS REALLY GOING TO HURT OUR SMALL -- OUR SMALL

                    BUSINESSES AND OUR LOCAL RETAILERS.  AND AGAIN, I THINK IN ALL MEANS

                    EVERYBODY WANTS TO DO THE BEST WITH THEIR FOOD SCRAPS.  I KNOW WE DO.

                    AND I JUST FEEL THAT WE SHOULD NOT HAVE TO LEGISLATE THIS.  I THINK THIS IS

                    A PRACTICE THAT'S BEING DONE MORE KNOWN THAN MOST PEOPLE REALLY

                    KNOW, AT LEAST OUT IN OUR RURAL AREAS FOR SURE.

                                 AND ALSO ON THE BILL, I'D LIKE TO JUST TALK A LITTLE BIT

                                         73



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    ABOUT THE -- THE PLASTIC BAG BAN.  A FEW DAYS AGO I WAS HERE IN ALBANY,

                    WE HAD A LITTLE BIT OF TIME TO KILL AND -- PARDON ME, I CAN'T -- I CAN'T...

                                 ACTING SPEAKER AUBRY:  CERTAINLY, MR.

                    MANKTELOW.  LADIES AND GENTLEMEN, SHH.

                                 MR. MANKTELOW:  THANK YOU, MR. SPEAKER.  A

                    FEW DAYS AGO I WAS SITTING IN A PARKING LOT AT ONE OF THE -- THE LOCAL

                    SHOPPING MALLS HERE, AND I WATCHED A COUPLE THAT WAS IN A CHEVY

                    PICKUP ROLL THE WINDOW DOWN AND THEY TOOK THEIR BAG THAT THEIR SUB

                    CAME IN AND THREW IT OUT THE WINDOW, ROLLED THE WINDOW BACK UP,

                    SHORTLY AFTER THAT ROLLED THE WINDOW BACK DOWN.  HERE CAME THE NEXT

                    BAG, THE BAG THAT THE FRIES CAME IN.  JUST THREW IT ALL IN THE PARKING LOT,

                    WATCHED IT BLOW ACROSS THE PARKING LOT INTO THE STORM DRAIN.  SO -- SO

                    REALLY THE PLASTIC BAGS, THE ISSUE IS NOT THE PLASTIC BAG.  THE ISSUE IS US,

                    AS A SOCIETY, TAKING CARE OF THOSE PLASTIC BAGS.  THERE'S SO MANY PEOPLE

                    THAT REUSE THEM IN A POSITIVE WAY, AND NOW WE'RE GOING TO BAN THEM?

                    AND ALSO, THERE'S A LADY THAT I'VE GOT TO KNOW HERE IN THE CAPITOL

                    BUILDING, OUT ON THE CONCOURSE, SHE'S -- I MEET WITH HER EVERY MORNING.

                    I DO A FEW THINGS FOR HER, AND SHE CARRIES PROBABLY HALF OF HER

                    BELONGINGS IN PLASTIC BAGS.  IF WE GET RID OF THESE PLASTIC BAGS, IS SHE

                    GOING TO PUT THEM IN A PAPER BAG?  IS SHE GOING TO BE ABLE TO TRANSPORT

                    THEM IN A RAINSTORM?  IT'S NOT THE PLASTIC BAG.  IT'S THE PEOPLE THAT THROW

                    THE PLASTIC BAGS OUT THE WINDOW, DOWN THE CREEK, DOWN THE STREAM,

                    WHATEVER.  THIS IS NOT THE ANSWER.  AND ALSO, MOST OF OUR LOCAL STORES --

                    I'LL GIVE YOU AN EXAMPLE, WALMART.  IF YOU WALK INTO WALMART YOU CAN

                    SELF-CHECKOUT, AND IN THAT SELF-CHECKOUT LINE THEY'VE GOT THESE SPINNING

                                         74



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    BAGS WHERE YOU PUT YOUR FOOD INTO THE BAGS, DO THE NEXT ONE, THEY'RE

                    ALREADY ON THE HOOKS.  IF WE PASS THIS IN NEW YORK STATE, NOW ALL OF

                    OUR LOCAL BUSINESSES, A LOT OF THESE WALMARTS, A LOT OF THESE OTHER

                    BUSINESSES, ARE GOING TO HAVE TO CHANGE THAT ALL OVER.  AT THE END OF THE

                    -- AT THE END OF THE CHECKOUT THERE'S THE REVOLVING THING WHERE THE --

                    YOU PUT YOUR FOOD IN EACH BAG.  NOW THEY'RE GOING TO HAVE TO RETROFIT

                    ALL THAT?  THERE'S A HUGE INCREASE OF DOING SOMETHING BECAUSE WE, AS A

                    SOCIETY, AREN'T WILLING TO TAKE CARE OF THE PLASTIC BAGS, AND REALLY IT'S ON

                    US.  IT SHOULDN'T HAVE TO BE GOVERNED BY -- BY GOVERNMENT.  SO THERE

                    ARE GOOD, POSITIVE THINGS ABOUT THESE PLASTIC BAGS.  THEY ARE BETTER FOR

                    OUR ENVIRONMENT AS FAR AS PRODUCING, AND IF WE CAN JUST STOP THROWING

                    THEM OUTSIDE, I THINK THAT WOULD BE A GOOD THING.

                                 I THANK YOU FOR THE TIME, SPEAKER, AND I THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. SCHMITT.

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

                    THE CHAIRWOMAN YIELD?

                                 MS. WEINSTEIN:  YES.

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN WILL

                    YIELD.

                                 MS. WEINSTEIN:  YES, CERTAINLY.

                                 MR. SCHMITT:  THANK YOU.  SO, I KNOW WE HAVE A

                    LOT OF ANIMAL LOVERS HERE IN THE CHAMBER, A LOT OF DOG LOVERS.  MY --

                    MY PUPPY QUINCY IS SOMETIMES MORE POPULAR THAN I BACK HOME IN THE

                    DISTRICT, WHICH IS FINE BY ME.  AND I SEE THE PLASTIC BAG BAN, LOOKING AT

                                         75



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    THE BILL LANGUAGE THERE ARE NUMEROUS DIRECT EXEMPTIONS:  FOOD STORAGE

                    BAGS, GARMENT BAGS, BAGS USED TO CONTAIN NEWSPAPER, BAGS USED TO

                    CONTAIN DELI MEATS AND CHEESES, BAGS FOR UNCOOKED MEAT, ET CETERA.  BUT

                    THERE'S NO SPECIFIC EXEMPTION FOR PET WASTE BAGS.  IS THAT COVERED UNDER

                    SOME OTHER CATEGORY?  IS THAT SOMETHING THAT WAS MAYBE FORGOTTEN?

                                 MS. WEINSTEIN:  IT -- THERE IS NO -- THERE'S AN

                    EXEMPTION FOR BAGS THAT ARE PURCHASED AS IN BULK.  YOU KNOW, SO TRASH

                    BAGS ARE COVERED AND, YOU KNOW, THOSE LITTLE BAGS OR -- I DON'T KNOW

                    HOW BIG YOUR DOG IS, THOSE BAGS ARE COVERED BY THE EXEMPTION.

                                 MR. SCHMITT:  OKAY.  SO ANY PET WASTE BAG

                    PRODUCT, EVEN THOUGH IT'S PLASTIC, WILL STILL BE ABLE TO --

                                 MS. WEINSTEIN:  BAGS THAT ARE SOLD IN MULTIPLE

                    UNITS ARE EXEMPTED.

                                 MR. SCHMITT:  WONDERFUL.  THANK YOU FOR

                    CLARIFYING THAT.

                                 MS. WEINSTEIN:  SURE.

                                 MR. SCHMITT:  I KNOW BIPARTISAN CONCERN EXISTED

                    OUT THERE OF WHAT WOULD HAPPEN IF THAT WERE SOMEHOW ERADICATED.  SO,

                    THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. FRIEND FOR ROUND TWO.

                                 MR. FRIEND:  WOULD THE MADAM CHAIRWOMAN

                    YIELD?

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN

                    YIELDS.

                                         76



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MS. WEINSTEIN:  YES.

                                 MR. FRIEND:  THANK YOU.  WE'LL START OUT WITH THE

                    PLASTIC BAN BAG, BIG TOPIC HERE.

                                 MS. WEINSTEIN:  WOULD YOU -- WOULD YOU LET ME

                    JUST CLARIFY FOR A MOMENT?  I KNOW YOU HAD A LOT OF DISCUSSION ABOUT

                    THE -- THE --

                                 MR. FRIEND:  MWBE?  SURE.

                                 MS. WEINSTEIN: -- MWBE.  AND, IN FACT, IT IS NOT

                    ADDRESSED IN THIS BUDGET AT ALL SINCE IT DOESN'T EXPIRE TILL LATER IN THE

                    YEAR.  SO IT WILL BE A TOPIC THAT WE'LL HAVE AN OPPORTUNITY TO DISCUSS AT A

                    DIFFERENT TIME, BUT IT WILL NOT BE APPEARING IN A LATER BILL.

                                 MR. FRIEND:  I APPRECIATE THAT.  THE SOONER WE DO

                    IT, THE BETTER.  MY DISTRICT IS ALREADY SUFFERING FOR THAT.  NOT JUST MY

                    DISTRICT, BUT THE ENTIRE SOUTHERN TIER IS SUFFERING.

                                 SO ON TO THE PLASTIC BAG BAN.  SO I REALIZE THAT IF THE

                    COUNTIES OPT INTO THIS, IS THERE -- WELL, ACTUALLY, LET'S STEP BACK.  IF THE

                    COUNTIES ALREADY HAVE IT, LIKE SUFFOLK COUNTY WHERE THEY'RE CHARGING

                    FIVE CENTS, THIS BILL OR THIS LAW BECOMES EFFECT, DO THEY HAVE TO GIVE

                    THAT FIVE CENTS AND SPLIT IT, OR DO THEY GET TO KEEP THE FIVE CENTS AND

                    CHARGE ANOTHER FIVE CENTS?

                                 MS. WEINSTEIN:  THE SUFFOLK COUNTY LAW WILL BE

                    SUPERCEDED BY THIS LAW.

                                 MR. FRIEND:  BY THE STATE LAW.

                                 MS. WEINSTEIN:  YES.

                                 MR. FRIEND:  OKAY.  SO IN THAT CASE THE STATE TAKES

                                         77



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    THREE CENTS AND THE COUNTIES TAKE TWO CENTS TO BUY THESE BAGS TO GIVE TO

                    INDIVIDUALS WHO CAN'T GET THEIR OWN BAGS.  IS THAT THE IDEA?

                                 MS. WEINSTEIN:  CORRECT.

                                 MR. FRIEND:  SO, THE INDIVIDUALS THAT ARE RECEIVING

                    THESE BAGS, CAN THEY JUST THROW THOSE BAGS AWAY OR DO THEY HAVE TO

                    COME BACK WITH THOSE BAGS ANOTHER TIME, OR HOW DOES THAT WORK?

                                 MS. WEINSTEIN:  WELL, THEY'RE GOING TO BE --

                    THEY'RE GOING TO BE REUSABLE BAGS THAT THEY WILL BE --

                                 MR. FRIEND:  I KNOW.  I UNDERSTAND THAT.

                                 MS. WEINSTEIN: -- THAT WILL BE SHIPPED TO LOW-

                    INCOME INDIVIDUALS.  AND AS PART OF THAT IT WILL BE A CAMPAIGN,

                    EDUCATIONAL CAMPAIGN TO USE -- TO USE THE REUSABLE BAGS.  I DON'T THINK

                    THERE'S GOING TO BE ANY BAG POLICE GOING AROUND TO SEE HOW MANY TIMES

                    THEY USE THOSE BAGS.

                                 MR. FRIEND:  BUT, I MEAN, THE IDEA IS THAT WE'RE --

                    NOW WE'RE KIND OF UP-STEPPING FROM A VERY FLIMSY PLASTIC BAG TO A

                    MUCH MORE DURABLE PLASTIC BAG THAT WE'RE EXPECTING TO BE REUSED.  AND

                    IF WE'RE JUST GOING TO USE THE COUNTIES TO CONTINUALLY FINANCE THESE BAGS

                    THAT ARE GOING TO BE CONTINUALLY HANDED OUT FOR FREE, WHAT'S THE

                    INCENTIVE TO BRING THAT BAG BACK?  AND AS MY COLLEAGUE POINTED OUT,

                    ARE WE GOING TO HAVE A DISCLAIMER ON THAT BAG THAT SAYS AFTER YOU USE

                    THIS BAG MAKE SURE YOU WASH IT WHEN YOU GET HOME, ESPECIALLY IF YOU

                    HAVE ANY KIND OF MEAT PRODUCTS OR ANY KIND OF FRUITS THAT MAY BE

                    SLIGHTLY SPOILED.  WE DON'T WANT TO SEE A CONTAMINATION EPIDEMIC START

                    OCCURRING ON OUR LOWER-INCOME FAM -- COMM -- COMMUNITIES.

                                         78



                    NYS ASSEMBLY                                                    MARCH 31, 2019

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

                    THERE WILL, IN FACT, BE AT SOME POINT A LIMITED AMOUNT OF REUSABLE BAGS,

                    SO IT IS HOPED THAT PEOPLE WILL CONTINUE TO REUSE THE BAGS.  AND IN THE

                    INTERIM, I'VE HAD AN OPPORTUNITY TO LOOK AT ONE OF THE -- SOME OF THE

                    RESEARCH THAT OUR COLLEAGUE MENTIONED, AND AS YOU SAY, IF YOU -- IF YOU

                    REUSE -- IF YOU WASH THE -- DESPITE THE FACT THAT THERE'S E. COLI ALL OVER

                    THE WORLD WE LIVE IN, BUT IF YOU WASH -- WASH THE BAGS, 99.9 PERCENT OF

                    THE BACTERIA -- ANY BACTERIA THAT'S IN THE BAGS DISAPPEARS.

                                 MR. FRIEND:  RIGHT.  I MEAN, YOU CAN GO JUST THE

                    OPPOSITE.  YOU CAN BE TOO CLEAN.  SO YOU DON'T WANT TO OVERCLEAN

                    EVERYTHING EITHER, BUT JUST ON THE BAG WE PROBABLY NEED TO HAVE A

                    DISCLAIMER AT THIS POINT TO REMIND PEOPLE WHEN YOU GET THESE HOME,

                    MAKE SURE YOU RINSE THEM OUT BECAUSE IT IS REUSABLE AND TO BRING IT

                    BACK TO THE STORE WHEN YOU'RE GOING OUT.

                                 I'M GOING TO MOVE ON TO ANOTHER TOPIC.

                                 MS. WEINSTEIN:  SURE.

                                 MR. FRIEND:  THE SUSTAINABLE MANAGEMENT OF FOOD

                    WASTE.  DO WE KNOW HOW MANY FOOD SCRAP GENERATORS THERE ARE IN THE

                    STATE?

                                 MS. WEINSTEIN:  NO.  WE -- WE DO NOT KNOW.

                                 MR. FRIEND:  DO WE HAVE ANY IDEA OF HOW MUCH

                    WASTE THEY'RE GOING TO GENERATE?

                                 MS. WEINSTEIN:  HOW MUCH THE FOOD -- THE

                    GENERATORS, YOU KNOW, WHERE -- WHERE THE FOOD SCRAPS ARE DEPOSITED?

                                 MR. FRIEND:  RIGHT.  SO, I MEAN, WE DON'T -- RIGHT

                                         79



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    NOW WE DON'T HAVE AN IDEA OF HOW MANY FOOD GENERATORS THERE ARE OR...

                                 MS. WEINSTEIN:  NO.

                                 MR. FRIEND:  IS THERE, I MEAN, A PROJECTED AMOUNT

                    OF FOOD?

                                 MS. WEINSTEIN:  NO, IT'S --

                                 MR. FRIEND:  I MEAN, YOU PUT A TWO-TON PER YEAR --

                                 MS. WEINSTEIN:  TWO TONS PER WEEK, NOT PER YEAR.

                                 MR. FRIEND:  PER WEEK, PER WEEK LIMIT ON IT.  BUT, I

                    MEAN, HOW MANY PEOPLE IS THAT GOING TO CATCH?  HOW MANY GENERATORS

                    WILL THAT CATCH AT THIS POINT?

                                 MS. WEINSTEIN:  THAT -- WE -- WE DON'T KNOW, BUT

                    WE KNOW THAT IT WILL EXCLUDE MANY OF THE -- MOST RESTAURANTS THAT WILL

                    CAPTURE LARGER VENUES.  AND AS I SAID, WE EXCLUDE HOSPITALS, NURSING

                    HOMES, ADULT CARE FACILITIES AND, YOU KNOW, THEN THE OTHER CAVEAT IS

                    THERE HAS TO BE WITHIN 25 MILES OF YOUR LOCATION A PLACE TO DEPOSIT

                    THESE.

                                 MR. FRIEND:  SO IF THERE ISN'T A PLACE WITHIN 25

                    MILES THEY'D BE EXEMPT?

                                 MS. WEINSTEIN:  CORRECT.

                                 MR. FRIEND:  OKAY.  WOULD OUR PUBLIC AND PRIVATE

                    SCHOOLS BE SUBJECT TO THIS PROVISION?

                                 MS. WEINSTEIN:  WE -- WE EXEMPT SCHOOLS, BUT NOT

                    -- ELEMENTARY AND SECONDARY SCHOOLS ARE EXEMPT, NOT COLLEGES,

                    UNIVERSITIES.  THEY WILL PARTICIPATE.

                                 MR. FRIEND:  OKAY.  AND THEN AS FAR AS THE ORGANIC

                                         80



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    RECYCLERS ARE CONCERNED, WHO PERMITS THEM?  WOULD THAT BE THE LOCAL

                    COUNTIES, THE STATE -- A STATE ORGANIZATION?

                                 MS. WEINSTEIN:  IT WOULD BE THE STATE.  DEC WILL

                    -- WILL PERMIT THAT.

                                 MR. FRIEND:  DEC WILL PERMIT THAT?

                                 MS. WEINSTEIN:  YES.

                                 MR. FRIEND:  OKAY.  AND THEN ON TO THE NYPA

                    CHARGING STATIONS.  SO, THE IDEA IS THAT WE'RE GOING TO GO OUT AND CREATE

                    OR FINANCE CHARGING STATIONS ACROSS THE STATE AND USE THE NYPA FUNDS

                    TO DO THAT; IS THAT CORRECT?

                                 MS. WEINSTEIN:  CORRECT.

                                 MR. FRIEND:  AND WILL THAT THEN BE FACTORED INTO

                    THE COST OF THAT ELECTRICITY THAT -- THAT'S BEING USED TO CHARGE THERE?

                                 (PAUSE)

                                 MS. WEINSTEIN:  IT -- SO, IT'S GOING TO BE CHARGING

                    STATIONS AVAILABLE FOR PUBLIC USE WITHIN THE NYPA BUDGET.  (INAUDIBLE)

                    BUDGET AGAIN.

                                 MR. FRIEND:  SO BUT THEN NYPA'S GOING TO BE

                    USING THEIR FUNDS TO BUILD THESE FACILITIES, AND WILL THAT COST TO BUILD

                    THEM BE RECLAIMED IN THE PRICE OF THAT ELECTRICITY THAT SOMEONE'S GOING

                    TO PLUG INTO TO CHARGE THEIR VEHICLE?  OR WILL WE JUST KIND OF WRITE THAT

                    OFF?

                                 MS. WEINSTEIN:  YEAH.  SO WE -- WE DON'T IN THIS

                    LEGISLATION ADDRESS --

                                 MR. FRIEND:  ADDRESS THAT?  OKAY.

                                         81



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MS. WEINSTEIN: -- WHETHER THEY CHARGE OR DON'T

                    CHARGE FOR THE USE OF -- OF THESE CHARGING STATIONS.  THE PURPOSE IS TO

                    ENCOURAGE AND REDUCE GREENHOUSE EMISSIONS, TO REDUCE CARBON IN THE

                    AIR AND TO ENCOURAGE THE -- WHILE THERE'S MOVE TO ENCOURAGE THE USE OF

                    ELECTRIC VEHICLES, THEY NEED TO BE -- TO HAVE LOCATIONS WHERE PEOPLE CAN

                    ACTUALLY CHARGE THE VEHICLES.

                                 MR. FRIEND:  RIGHT.  AND THAT -- THAT'S THE ONLY WAY

                    TO ENCOURAGE THAT IS TO HAVE MORE CHARGING STATIONS.  IF YOU DON'T HAVE

                    THEM, THEN IT'S VERY DIFFICULT TO USE ELECTRIC VEHICLES.  IT'D BE GREAT TO

                    SEE MORE ELECTRIC VEHICLES AND GREEN VEHICLES WITHIN OUR MORE

                    DENSELY-POPULATED COMMUNITIES.  HOW DOES IT WORK AS FAR AS BRINGING

                    THE ELECTRICITY TO THOSE STATIONS?  IS THAT GOING TO BE ALL WIND, WATER,

                    SOLAR ENERGY THAT'S GOING TO BE USED TO PROVIDE THERE?  IS THERE ANY WAY

                    TO DETERMINE THAT?  WILL IT BE ALL GENERATED HERE IN NEW YORK STATE?

                                 MS. WEINSTEIN:  YOU KNOW, WE DON'T ADDRESS HOW

                    NYPA DECIDES WHERE TO LOCATE THESE CHARGING STATIONS BECAUSE THEY

                    ARE FOR PUBLIC -- FOR PUBLIC BENEFIT.  THEY MAY LOOK FIRST TO WHERE IT IS

                    THE LARGEST AMOUNT OF PUBLIC BENEFIT, BUT WE DON'T SAY HOW YOU BRING

                    ELECTRICITY.  WE DON'T TELL THEM HOW TO BUILD THESE STATIONS.  WE DON'T

                    THEM WHERE TO -- HOW TO BRING THE LINES THAT'S --

                                 MR. FRIEND:  BECAUSE THE PEOPLE THAT ARE GOING TO

                    USING THESE ELECTRIC VEHICLES ARE GOING TO BE UNDER THE BELIEF THAT

                    THEY'RE GETTING GREEN ENERGY.  AND THAT'S SOMETHING THAT THEY'RE GOING

                    TO BE PROUD ABOUT IN SUPPORTING.  AND IF THEY'RE GOING TO THESE

                    CHARGING STATIONS AND A LARGE PORTION OF THAT'S COMING FROM COAL,

                                         82



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    THEY'RE GOING TO BE PRETTY UPSET, I WOULD IMAGINE.

                                 BUT WE CAN MOVE ON TO ANOTHER TOPIC.

                                 MS. WEINSTEIN:  SURE.

                                 MR. FRIEND:  ON TO THE WESTCHESTER COUNTY

                    RENEWABLE ENERGY PROJECT.  IS THIS IN RESPONSE TO THE NATURAL GAS

                    MORATORIUM THAT'S GOING ON IN WESTCHESTER COUNTY?

                                 MS. WEINSTEIN:  I -- I -- YES AND NO.  I MEAN, IT'S

                    ALL -- IT REALLY IS A RESPONSE TO THE FAILURE OF THE COUNTY.  UP UNTIL NOW

                    COULD MOVE AWAY FROM THIS FOSSIL FUEL DEPENDENCE, AND THIS IS A MOVE

                    TO HELP EXPAND THE USE OF -- ENCOURAGE AND EXPAND THE USE OF

                    RENEWABLES.

                                 MR. FRIEND:  HOW -- HOW QUICKLY COULD WE HAVE

                    THIS PROJECT IN PLACE AND ACTUALLY HAVE PROGRAMS AND ENERGY IN

                    WESTCHESTER TO BE ABLE TO SUPPORT NEW DEVELOPMENT?

                                 MS. WEINSTEIN:  I COULDN'T ANSWER YOU ON THAT,

                    BECAUSE THIS IS GOING TO BE -- THE DISCRETION TO MOVE IN THIS DIRECTION IS

                    -- IS GIVEN TO THE PUBLIC SERVICE COMMISSION AND NYSERDA.  AND SO

                    WE WOULD ENCOURAGE THEM TO MOVE AS SWIFTLY AS POSSIBLE, BUT WE CAN'T

                    GIVE YOU A TIMEFRAME.

                                 MR. FRIEND:  SO DO WE THINK WITHIN THE NEXT SIX

                    MONTHS, NEXT YEAR, TWO YEARS?

                                 MS. WEINSTEIN:  I -- I -- IT'S WITHIN THEIR -- IT'S

                    WITHIN THE DISCRETION OF HOW THEY MOVE FORWARD, BUT THE PLAN IS -- I

                    COULDN'T GIVE YOU A TIMEFRAME.

                                 MR. FRIEND:  I MEAN I HAVE A MUCH QUICKER

                                         83



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    SOLUTION FOR EVERYBODY IN THIS CHAMBER AND IN THE OTHER CHAMBER.  IN

                    THE 124TH ASSEMBLY DISTRICT ALL ACROSS THE SOUTHERN TIER, WE SIT ABOVE

                    ONE OF THE LARGEST NATURAL DEPOSITS OF NATURAL GAS IN THE COUNTRY AND

                    EVEN IN THE WORLD.  WE DON'T HAVE TO FRACK THAT WITH WATER.  WE CAN

                    FRACK THAT WITH COMPRESSED GAS AND YOU TAKE THE ENTIRE PROBLEM OF

                    CONTAMINATING WATER OUT OF THE EQUATION.  WE ACTUALLY HAVE A PERMIT

                    BEFORE THE DEC THAT IS WAITING TO BE PROCESSED SO THAT WE CAN ACTUALLY

                    DO AN EXPLORATORY WELL WITH COMPRESSED GAS.  THAT COMPRESSED GAS

                    COULD THEN BE USED TO POWER WESTCHESTER COUNTY.  BUT WE HAVE NOT

                    BEEN ABLE TO MOVE FORWARD WITH THAT.  AND THAT WOULD NOT BE

                    HYDROFRACKING.  THAT WOULD BE FRACKING WITH NATURAL GAS WHICH COULD

                    BE RECLAIMED.  YOU DON'T HAVE THE ISSUE WITH THE BRINE, YOU DON'T HAVE

                    THE ISSUE WITH ADDED CHEMICALS BEING ADDED, DUMPED DOWN THE WELL.

                    YOU DON'T HAVE THE WATER CONTAMINATION.  BUT THE DEC IS NOT WILLING

                    TO MOVE FORWARD WITH IT BECAUSE OF PRESSURE FROM THE SECOND FLOOR.

                    SO THAT WOULD BE A VERY QUICK SOLUTION TO WESTCHESTER'S PROBLEM.  AND

                    AGAIN, YOU'RE USING NATURAL GAS, WHICH HAS A VERY LOW CO2 EMISSION

                    RATE.  IT -- IT'S A WIN-WIN FOR EVERYBODY, ESPECIALLY FOR THE SOUTHERN

                    TIER WHICH IS LISTED AS ONE OF THE TOP TWO MOST ECONOMICALLY-DEPRESSED

                    AREAS IN THE ENTIRE COUNTRY.  AND JUST LOOKING AT A RECENT REPORT, WE SEE

                    THAT NEW YORK CITY IS JUST AROUND THE CORNER FOR HAVING A VERY SIMILAR

                    -- NEW YORK CITY AND LONG ISLAND FOR HAVING A VERY SIMILAR SITUATION

                    THAT WESTCHESTER COUNTY HAS OF HAVING A MORATORIUM PLACED ON NATURAL

                    GAS FROM THEIR UTILITY COMPANIES, NOT TO MENTION THE PROBLEMS THAT

                    WE'RE PUTTING ON -- ON TO NEW ENGLAND AT THIS POINT WITH THE BROWNOUTS

                                         84



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    THAT THEY'RE HAVING.

                                 WE CAN MOVE ON TO ANOTHER SECTION.  THE CONSUMER

                    CHEMICAL AWARENESS ACT THAT WAS INTENTIONALLY OMITTED.  NOW, IT'S

                    UNDER MY --

                                 MS. WEINSTEIN:  THAT WAS OMITTED AND IT'S NOT

                    COMING BACK, SO WE CAN MOVE ON.

                                 MR. FRIEND:  AND THAT'S NOT -- ARE WE GOING TO -- IS

                    IT COMING BACK LATER IN SESSION OR SOMETHING?

                                 MS. WEINSTEIN:  NO, NO.  SO DO YOU HAVE ANOTHER

                    ONE?

                                 MR. FRIEND:  WELL, I'D JUST LIKE TO MAKE A COMMENT

                    ON IT.  ACTUALLY, I THINK THAT THAT WOULD BE A VERY USEFUL TOOL FOR MOST

                    OF THE PEOPLE IN THE STATE, NOT ONLY THE COUNTRY.  THE NUMBER OF

                    CHEMICALS THAT PEOPLE HAVE UNDER THEIR KITCHEN SINK IS REALLY

                    DISGUSTING.  AND THE FACT THAT PEOPLE DON'T KNOW WHICH KIND OF --

                                 ACTING SPEAKER AUBRY:  MR. -- MR. FRIEND, IF

                    YOU ARE NOT GOING TO ASK A QUESTION, YOU CAN ALLOW THE CHAIRWOMAN TO

                    SIT.  SHE DOESN'T NEED TO STAND DURING YOUR DISSERTATION.

                                 MR. FRIEND:  I'LL GO ON THE BILL FOR THIS.  SO JUST A

                    BRIEF DISSERTATION.  AGAIN, THAT UNFORTUNATELY WAS ONE OF THE PORTIONS

                    THAT I REALLY THOUGHT WAS A GREAT ADDITION, DEFINITELY WOULD'VE BEEN

                    GREAT RIGHT HERE IN THE BUDGET CYCLE TO BE ABLE TO PUSH THROUGH.  THE

                    GREATER AMOUNT OF CHEMICALS THAT PEOPLE ARE ABLE TO ACCESS AT THIS

                    POINT, PUT UNDER THEIR KITCHEN SINK AND HAVE CROSS-CONTAMINATIONS

                    GOING ON THAT THEY'RE COMPLETELY UNAWARE OF, CAUSING ALL SORTS OF

                                         85



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    SICKNESSES WITHIN THEIR HOUSEHOLDS, THIS COULD'VE BEEN A NICE ONE-STOP

                    SHOP TO SAY PRODUCT X AND PRODUCT Y AND I PUT THEM UNDERNEATH MY

                    SINK OR IN MY BATHROOM AND AM I OKAY OR NOT.  SO MAYBE THAT'LL COME

                    BACK LATER IN THE SESSION OR AT ANOTHER -- ANOTHER BUDGET CYCLE.  I LOOK

                    FORWARD TO THAT.  AND I DO HAVE ONE MORE -- ONE MORE QUESTION FOR THE

                    MADAM CHAIRWOMAN IF SHE WOULD MIND.

                                 MS. WEINSTEIN:  SURE.  IF YOU ASK ME QUESTIONS,

                    YES.

                                 MR. FRIEND:  PART II WAS INITIALLY PART OF THE BILL

                    AND THAT WAS, I BELIEVE, INTENTIONALLY OMITTED; IS THAT CORRECT?

                                 MS. WEINSTEIN:  YES.

                                 MR. FRIEND:  AND WAS THIS -- IT WAS SUPPOSED TO

                    INCREASE PROTECTION FOR TRANSPORTATION WORKERS, INCLUDE INCREASING

                    PENALTIES FOR ASSAULTS ON CERTAIN WORKERS, AND CREATING THE CRIME OF

                    INTRUSION INTO AN ACTIVE WORK ZONE.  IS THAT WHAT THAT PIECE WOULD'VE

                    DONE?

                                 MS. WEINSTEIN:  CORRECT.

                                 MR. FRIEND:  IS THAT COMING UP LATER IN THE BUDGET?

                                 MS. WEINSTEIN:  NO, IT'S NOT.

                                 MR. FRIEND:  OKAY.

                                 ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. FRIEND:  I'D LIKE TO READ INTO THE RECORD AGAIN.

                    I HAVE A LETTER FROM THE CSEA, NEW YORK'S LEADING UNION.  THIS IS A

                    LETTER FROM FRANCINE TURNER, AND IT SAYS:  DEAR ASSEMBLYMAN FRIEND:

                                         86



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    A RECENT TRAGEDY HAS HIGHLIGHTED THE NEED FOR OUR STATE TO PROVIDE

                    INCREASED PROTECTIONS FOR TRANSPORTATION WORKERS.  WORKING ON OR NEAR

                    TRAVELED ROADS IS ONE OF THE MOST DANGEROUS ENVIRONMENTS FOR CSEA

                    MEMBERS.  JUST THIS WEEK, A CSEA-REPRESENTED DEPARTMENT OF

                    TRANSPORTATION WORKER LOST HIS LIFE FROM INJURIES SUSTAINED WHEN A

                    VEHICLE COLLIDED WITH A DOT TRUCK IN AN ACTIVE WORK ZONE.  EVERY DAY,

                    WORKERS ACROSS THE STATE DEAL WITH HEAVY EQUIPMENT, THE ELEMENTS AND

                    HAZARDOUS MATERIALS TO KEEP OUR STATE ROADWAYS CLEAN AND SAFE.  IN

                    ADDITION TO THE NUMBER OF HAZARDS OF THE WORK ITSELF, ROAD WORKERS ARE

                    FORCED TO DODGE DISTRACTED AND IMPAIRED DRIVERS.  SOMETHING THAT MUST

                    BE DONE TO PROTECT THE DEDICATED PUBLIC EMPLOYEES TO MAKE OUR ROADS

                    AND OTHER TRANSPORTATION INFRASTRUCTURE --

                                 ACTING SPEAKER AUBRY:  MR. FRIEND, YOU CAN

                    SUBMIT THAT TESTIMONY AND YOUR TIME IS UP FOR YOUR SECOND.  YOU CAN

                    SUBMIT THAT TO -- TO THE DESK.  THANK YOU.

                                 MR. FRIEND:  ALL RIGHT.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. SALKA.

                                 MR. SALKA:  THANK YOU, MR. SPEAKER.  WOULD THE

                    SPONSOR YIELD FOR JUST A QUESTION OR TWO?

                                 MS. WEINSTEIN:  SURE.

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN

                    YIELDS.

                                 MR. SALKA:  SEEING WE'RE TALKING ABOUT FOOD, I

                    THINK THIS BILL IS A LEMON, BUT WE'RE GOING TO TRY TO MAKE LEMONADE OUT

                    OF IT.

                                         87



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MS. WEINSTEIN:  WE DO ACTUALLY HAVE SOME FOOD

                    IN THE LOUNGE FOR MEMBERS THAT MIGHT BE HUNGRY.

                                 MR. SALKA:  OKAY.  GREAT.  I'LL HELP MYSELF.

                                 I CAN SEE THIS IS ACTUALLY WORKING OUT TO THE ADVANTAGE

                    OF SOME OF MY RURAL COMMUNITIES THAT ARE SUFFERING FROM FOOD DESERTS

                    RIGHT NOW AND HOW WE CAN DEVELOP A DISTRIBUTION SYSTEM TO GET THESE

                    FOODS TO SOME OF OUR SENIOR CITIZENS THAT HAVE A HARD TIME GETTING TO

                    THE SUPERMARKETS IN THE MORE POPULATED AREAS.  BUT LIKE ANY OTHER BILL,

                    THE DEVIL'S -- THE DEVIL'S IN THE DETAILS.  IN REGARDS TO THE DEC

                    ENFORCEMENT, HAS ANYONE REACHED OUT TO THE DEC ON HOW WE'RE GOING

                    TO GO ABOUT -- HAVE THERE BEEN ANY OPINION FROM THE DEC ON HOW

                    WE'RE GOING TO ENFORCE THIS?

                                 MS. WEINSTEIN:  I MEAN, THEY WOULD -- DEC WILL

                    BE DEVELOPING REGS AFTER THIS IS ENACTED, AND THEY'LL, DEPENDING ON THE

                    CONTENTS OF THOSE REGS, THAT'LL GIVE SOME GUIDANCE, OBVIOUSLY.  BUT THEY

                    WILL ENFORCE THE SAME WAY THEY ENFORCE OTHER REGULATIONS.

                                 MR. SALKA:  SO THEY HAVE MADE THAT STATEMENT,

                    THEY HAVE BEEN REFERRED TO FOR THIS PARTICULAR BILL AND WE'VE GOTTEN THEIR

                    INPUT FROM THEM ON HOW THEY WOULD HAVE A PLAN ON HOW TO --

                                 MS. WEINSTEIN:  YES.

                                 MR. SALKA:  OKAY.  GOOD, GOOD.  A COUPLE THINGS

                    HERE.  ONE OF THE -- ONE OF THE -- FOR -- FOR A PETITION FOR A WAIVER, IT

                    SAYS THE ORGANICS RECYCLER DOES NOT HAVE SUFFICIENT CAPACITY.  IN WHAT

                    RESPECT ARE WE TALKING ABOUT WITH SUFFICIENT CAPACITY?

                                 MS. WEINSTEIN:  I'M SORRY.  SO, YOU CAN -- IF YOU

                                         88



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    DON'T HAVE THE STORAGE CAPACITY, YOU CAN BE EXEMPTED.

                                 MR. SALKA:  SO IF YOU DON'T HAVE THE STORAGE

                    CAPACITY FOR THE TWO TONS PER WEEK ON THE AVERAGE DAY.

                                 MS. WEINSTEIN:  EVEN THOUGH YOU ARE WITHIN THE

                    25 MILE LOCATION OF A -- OF A CENTER.

                                 MR. SALKA:  OKAY.  ALL RIGHT.  AND ALSO, THE UNIQUE

                    CIRCUMSTANCES OF THE GENERATOR.  WHAT WOULD BE INCLUDED IN THOSE

                    UNIQUE CIRCUMSTANCES?

                                 MS. WEINSTEIN:  YOU KNOW, I THINK THAT'S REALLY

                    JUST -- UNIQUE CIRCUMSTANCES WOULD BE, YOU KNOW, AGAIN, SOMEWHAT

                    RELATED TO CAPACITY.  BUT IF YOU HAVE -- IF YOU JUST LIKE SOME WEEKS

                    YOU'RE OVER THAT AMOUNT, JUST OVER THE AMOUNT, SOME WEEKS YOU'RE

                    UNDER, TO NOT HAVE TO HAVE -- YOU CAN BE EXEMPT FROM THE

                    REQUIREMENTS.

                                 MR. SALKA:  OKAY, THANK YOU.  THAT'S ALL THE

                    QUESTIONS I HAVE.  THANK YOU VERY MUCH.

                                 MS. WEINSTEIN:  THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MS. MALLIOTAKIS.

                                 MS. MALLIOTAKIS:  THANK YOU.

                                 ON THE BILL, PLEASE.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MS.

                    MALLIOTAKIS.

                                 MS. MALLIOTAKIS:  THANK YOU, MR. SPEAKER.  I

                    WANTED TO JUST TALK A LITTLE BIT ABOUT THIS PLASTIC BAG BAN AS WELL AS THE

                                         89



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    FEE ON THE PAPER BAGS.  YOU KNOW, WHEN THIS PROPOSAL FIRST CAME

                    FORWARD BY MAYOR DE BLASIO, YOU KNOW, THE PLAN WAS TO CHARGE A FIVE-

                    CENT TAX ON PLASTIC BAGS.  AND THERE WAS A LOT OF OPPOSITION FROM OUR

                    CONSTITUENTS, FROM LEGISLATORS FROM BOTH HOUSES OF BOTH PARTIES TO SUCH

                    A FEE.  YOU KNOW, I, FOR ONE, AM A LAW-ABIDING CITIZEN.  I DON'T LITTER.  I

                    CLEAN UP AFTER MY DOG.  AND YES, I DO SO WITH PLASTIC BAGS.  I ALSO REUSE

                    THOSE BAGS FOR GARBAGE BAGS, AS DO, I ASSUME, MANY NEW YORKERS.  THE

                    -- THE MAYOR THEN -- WE ASKED THE MAYOR TO GO BACK TO THE DRAWING

                    BOARD, AND IN COMES THE GOVERNOR WHO, OF COURSE, NOT TO BE OUTDONE

                    BY THE MAYOR, SAYS NOW WE'RE GOING TO HAVE AN OUTRIGHT BAN ON THE

                    PLASTIC BAGS.  BUT -- AND I COULD PERHAPS ACCEPT THAT, BUT MY ISSUE NOW

                    IS THERE'S GOING TO BE A BAN ON THE PLASTIC BAGS, AND THEN ON TOP OF IT

                    CHARGE A FIVE-CENT TAX ON ALL PAPER BAGS.  NOW THAT'S WHAT MAKES THIS

                    JUST A CASH GRAB.  BECAUSE WE'RE NOT JUST DOING WHAT THE MAYOR WANTED

                    ORIGINALLY, WHICH WAS THE FIVE-CENT FEE ON THE PLASTIC BAG.  NOW WE'RE

                    BANNING THE BAGS.  WE'RE ADDING AN ADDITIONAL FEE, MAKING IT MORE

                    DIFFICULT FOR OUR COMMUNITIES, OUR SENIOR CITIZENS, OUR FAMILIES WHO

                    HAVE TO GO TO THE STORE, HAVE TO BUY GROCERIES FOR THEIR FAMILIES AND, OF

                    COURSE, REUSE THOSE BAGS, AS I SAID, FOR GARBAGE, FOR PICKING AFTER THE

                    DOG AND FOR OTHER THINGS.  NOW, WHAT MAKES IT EVEN MORE INTERESTING IS

                    THIS CASH GRAB IS GOING TO BE GOING TO A FUND IN WHICH 40 PERCENT OF

                    THAT MONEY WILL BE TRANSFERRED TO THE LOCALITY.  THE FUNDS ARE ALSO GOING

                    TO BE USED TO DISTRIBUTE REUSABLE BAGS TO LOW-INCOME COMMUNITIES.

                    YET, WE'RE EXEMPTING RECIPIENTS OF SNAP ASSISTANCE FROM THE FEE, THE

                    FIVE-CENT FEE.  SO FOR PROVIDING THE REUSABLE BAGS, THIS IS TRULY ABOUT

                                         90



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    THE ENVIRONMENT.  WE WANT EVERYONE TO RECYCLE.  WE DON'T WANT PEOPLE

                    TO BE USING PLASTIC OR PAPER BAGS NOW.  WHY WOULD BE EXEMPTING A

                    PORTION OF THE POPULATION, PARTICULARLY THOSE THAT WE'RE GOING TO BE

                    DOING A CONCERTED EFFORT TO DISTRIBUTE REUSABLE BAGS FROM THIS FIVE-CENT

                    FEE THAT WE ARE COLLECTING?  BUT WHEN IT COMES DOWN TO IT, THE REAL

                    ISSUE HERE ARE THOSE INDIVIDUALS THAT LITTER.  AND IN NEW YORK CITY IN

                    2016, THEY DECIDED THEY WERE GOING TO DECRIMINALIZE LITTERING.  AND SO,

                    YES, WE HAVE SEEN AN INCREASE IN LITTERING IN OUR COMMUNITIES AND THAT

                    IS PROBLEMATIC.  BUT WE SHOULD BE ENFORCING OUR LITTERING LAWS.  WE

                    SHOULD BE ENSURING OR MAKING INDIVIDUALS WHO DO LITTER BE PART OF THE

                    SOLUTION, REQUIRE COMMUNITY SERVICE.  I THINK THAT'S A BIG PORTION OF

                    THIS.  BECAUSE IF IT'S NOT THE PLASTIC BAGS THAT'S BEING LITTERED, IT'S GOING

                    TO BE GLASS BOTTLES, IT'S GOING TO BE CANDY WRAPPERS, IT'S GOING TO BE

                    SOMETHING ELSE.  AND SO I THINK THAT WE HAVE TO GO BACK AND REALLY

                    LOOK AT THE INDIVIDUALS WHO ARE LITTERING.  LET'S CRACK DOWN ON THE

                    COMMUNITY.  I HOST SO MANY COMMUNITY CLEANUPS IN MY DISTRICT.  WE

                    CLEAN UP WOODED AREAS, THE BEACH.  YOU KNOW, WE COULD USE

                    VOLUNTEERS FOR THIS.  AND IF WE ENFORCE COMMUNITY SERVICE AS PART OF A

                    PENALTY FOR THOSE INDIVIDUALS WHO ARE LITTERING IN OUR COMMUNITIES, I

                    THINK THAT WOULD GO A LONG STEP IN CLEANING UP OUR ENVIRONMENT,

                    CLEANING UP OUR PARKS AND OUR BEACHES.

                                 AND SO, I'M GOING TO BE VOTING AGAINST THIS BECAUSE,

                    AGAIN, IT'S JUST A CASH GRAB AND I DON'T SUPPORT IT.  I THINK IT'S WRONG.  IT'S

                    THE WRONG WAY TO GO ABOUT THIS ISSUE, AND I THINK THAT WE SHOULD

                    INSTEAD LOOK AT ENFORCING LITTERING AND PUNISHING THOSE WHO ARE

                                         91



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    ACTUALLY THE PROBLEM.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MR. GOODELL.

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

                    I'M THE WRAP-UP QUESTIONER -- I HOPE SO -- ON THIS BILL.  WOULD THE

                    SPONSOR YIELD?

                                 ACTING SPEAKER AUBRY:  WILL YOU YIELD, MS.

                    WEINSTEIN?

                                 MS. WEINSTEIN:  YES, BE HAPPY TO.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MR. GOODELL:  WE'VE OBVIOUSLY HAD A LOT OF

                    DISCUSSION ON PLASTIC BAGS.  HOW MUCH REVENUE IS ANTICIPATED FROM THIS

                    TAX?

                                 MS. WEINSTEIN:  WE -- WE REALLY DON'T HAVE AN

                    IDEA BECAUSE WE DON'T KNOW WHO -- WHAT LOCALITIES ARE GOING TO OPT IN

                    TO CHARGE THE -- THE NICKEL ON THE -- ON THE BAGS.  SO UNTIL WE START TO

                    SEE THAT, WE -- WE CAN'T REALLY ESTIMATE THE AMOUNT OF THE DOLLARS.

                                 MR. GOODELL:  SO IS IT ACCURATE THAT THERE'S NO

                    APPROPRIATION INCLUDED IN THIS BUDGET?

                                 MS. WEINSTEIN:  RIGHT.  RIGHT.

                                 MR. GOODELL:  I WAS LOOKING AT THE DEFINITION OF

                    "PLASTIC BAG."  IT'S ON PAGE 8 OF THE BILL ON LINE 42.  IT SAYS ANY PLASTIC

                    BAG OTHER THAN EXEMPT BAG.  DOES THAT MEAN, THEN, THAT A HEAVY-DUTY

                    REUSABLE PLASTIC BAG, THE KIND THAT MY WIFE WAS ABLE TO GET AT THE

                    GROCERY STORE, IS NOW BANNED?

                                         92



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MS. WEINSTEIN:  THEY -- THEY CAN'T BE -- THEY CAN'T

                    BE GIVEN OUT.

                                 MR. GOODELL:  IT SAYS NO PERSON -- NO PERSON --

                                 MS. WEINSTEIN:  RIGHT.

                                 MR. GOODELL:  -- SHALL DISTRIBUTE --

                                 MS. WEINSTEIN:  RIGHT.

                                 MR. GOODELL: -- ANY PLASTIC CARRY BAGS TO ITS

                    CUSTOMERS.  SO --

                                 MS. WEINSTEIN:  RIGHT.  BUT PEOPLE CAN PURCHASE

                    THEM.

                                 MR. GOODELL:  OH, SO MY LOCAL GROCERY STORE

                    CANNOT GIVE HEAVY-DUTY REUSABLE PLASTIC BAGS TO ENCOURAGE CUSTOMERS

                    TO COME BACK?  THEY CAN ONLY SELL THEM?

                                 MS. WEINSTEIN:  CORRECT.  THEY CANNOT.

                                 MR. GOODELL:  NOW, A NUMBER OF COUNTIES HAVE

                    GONE TOWARD BANNING PLASTIC BAGS, IS THAT CORRECT, ALREADY?

                                 MS. WEINSTEIN:  YES.

                                 MR. GOODELL:  AND SO COUNTIES HAVE THE AUTHORITY

                    TO DO THIS ON THEIR OWN IF THEY SO DESIRE, WITHOUT THIS LEGISLATION?

                                 MS. WEINSTEIN:  YES.  YES, THEY HAVE HAD THE

                    ABILITY.

                                 MR. GOODELL:  SWITCHING OVER TO FOOD RECYCLING,

                    IF I MAY.

                                 MS. WEINSTEIN:  SURE.

                                 MR. GOODELL:  IS THERE ANY APPROPRIATION IN THIS

                                         93



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    YEAR'S BUDGET TO IMPLEMENT THE FOOD RECYCLING PROGRAM?

                                 MS. WEINSTEIN:  NO.

                                 MR. GOODELL:  WELL, IF THERE'S NO APPROPRIATION IN

                    THE BUDGET FOR EITHER THE FOOD RECYCLING PROGRAM OR THE PLASTIC BAG

                    PROGRAM, WHY IS THIS LANGUAGE IN THE BUDGET?

                                 MS. WEINSTEIN:  THE PLASTIC BAG LANGUAGE -- THE

                    PLASTIC BAG WILL BE FOR COUNTIES -- LOCALITIES THAT OPT IN WILL BE HAVING

                    FUNDS GO TO THE EPF.  AND IN TERMS OF THE FOOD WASTE, WE'RE GIVING --

                    THERE ARE GRANTS THAT -- THAT GO THAT ARE DISTRIBUTED, BUT THERE ARE NOT

                    ADDITIONAL FUNDS THAT ARE INCLUDED HERE.

                                 MR. GOODELL:  SO THERE IS AN APPROPRIATION RELATED

                    TO THE FOOD SCRAP RECYCLING PROGRAM?

                                 MS. WEINSTEIN:  THERE ARE -- THERE ARE GRANTS IN

                    EPF THAT EXIST TODAY FOR THOSE PURPOSES, THOUGH IT'S NOT -- THAT ALREADY

                    EXIST RELATING TO FOOD WASTE.

                                 MR. GOODELL:  IS THERE AN APPROPRIATION TO THE

                    ENVIRONMENTAL FACILITIES -- OR THE ENVIRONMENTAL PROTECTION FUND IN

                    THIS BUDGET?

                                 MS. WEINSTEIN:  WELL, EPF IS -- EPF IS IN THE

                    CAPITAL BUDGET, BUT IT'S NOT DIRECTED -- DIRECTLY TIED TO -- TO THIS

                    PROGRAM.

                                 MR. GOODELL:  WELL, SINCE IT'S NOT TIED TO THIS

                    PROGRAM, THEN MY CONCERN IS UNDER ARTICLE VII, SECTION 6 OF THE

                    CONSTITUTION THAT SAYS, "NO PROVISION SHALL BE EMBRACED IN AN

                    APPROPRIATION BILL SUBMITTED BY THE GOVERNOR OR IN A SUPPLEMENTAL

                                         94



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    APPROPRIATION BILL UNLESS IT RELATES SPECIFICALLY TO SOME PARTICULAR

                    APPROPRIATION IN THE BILL, AND ANY SUCH PROVISION SHALL BE LIMITED IN ITS

                    OPERATION TO SUCH APPROPRIATION."  SO IF THERE'S NO DESIGNATION, DOESN'T

                    THAT CONSTITUTIONAL LANGUAGE SAY THAT THIS PROVISION IS INEFFECTIVE?

                                 MS. WEINSTEIN:  NO.  WELL, YOU KNOW, ONCE

                    ENACTED INTO LAW, THE ENFORCEMENT OF THESE -- THIS PROGRAM,

                    PARTICULARLY, AND ALSO THE PLASTIC BAG BAN WILL BE A -- A STATE

                    REQUIREMENT AND WILL RESULT IN SOME STATE CHARGES TO -- AND RELATES TO

                    THE ENFORCEMENT.

                                 MR. GOODELL:  THE REQUIREMENT FOR A FOOD

                    GENERATOR TO TRANSPORT FOOD SCRAPS TO AN ORGANIC RECYCLER APPLIES IF THE

                    RECYCLER'S WITHIN 25 MILES, CORRECT?

                                 MS. WEINSTEIN:  YES.

                                 MR. GOODELL:  NOW THAT WE'RE IMPOSING UNDER

                    THIS BILL A MANDATE THAT THEY TAKE THEIR FOOD SCRAPS TO A RECYCLER, IS

                    THERE A CORRESPONDING REGULATION GOVERNING HOW MUCH THAT FOOD SCRAP

                    PROCESSOR CAN CHARGE, OR ARE WE CREATING A STATUTORY MONOPOLY

                    ALLOWING A FOOD SCRAP RECYCLER TO CHARGE ANYTHING THEY WANT?

                                 MS. WEINSTEIN:  IT SHOULD BE COMPARABLE TO WASTE

                    DISPOSAL IN GENERAL.  AND THEY CAN APPLY FOR -- IF THE EXCESS -- FOR A

                    WAIVER IF THERE'S AN EXCESS FEE.  IF IT -- IF IT COSTS TOO MUCH -- I'M SORRY,

                    IF IT COSTS TOO MUCH MONEY THEY WILL NOT HAVE TO -- THEY CAN GET A

                    WAIVER TO EXEMPT THEM IF THEY CANNOT -- IF IT'S MUCH COSTLIER THAN THEIR

                    -- THEIR NORMAL DISPOSAL.

                                 MR. GOODELL:  THIS BILL TALKS ABOUT REQUIRING FOOD

                                         95



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    PROCESSORS AND OTHERS TO SEPARATE FROM THEIR EXCESS -- THEY'RE REQUIRED

                    THEN TO TAKE ALL DESIGNATED FOOD SCRAPS AND SEPARATE THAT FROM EDIBLE

                    FOOD FOR DONATION, CORRECT?

                                 MS. WEINSTEIN:  CORRECT.

                                 MR. GOODELL:  BUT THERE'S NO REQUIREMENT IN THE

                    STATUTORY LANGUAGE THAT THE EDIBLE FOOD ACTUALLY BE DONATED, CORRECT?

                    ALL IT REQUIRES IS THE SEPARATION.

                                 MS. WEINSTEIN:  IT'S -- THERE'S ENCOURAGEMENT THAT

                    IT BE DONATED, BUT WE DON'T ABSOLUTELY REQUIRE THAT IT BE DONATED.

                                 MR. GOODELL:  AND SINCE WE DON'T REQUIRE THEM TO

                    DONATE IT, WE DON'T DEAL WITH ISSUES LIKE WHO PAYS TRANSPORTATION OR

                    LIABILITY ISSUES IF THERE'S A PROBLEM OR ANYTHING LIKE THAT, CORRECT?

                                 MS. WEINSTEIN:  RIGHT.  I -- I BELIEVE THAT WE HAVE

                    ALREADY ADDRESSED THE LIABILITY ISSUES IN PRIOR LAW, EXISTING LAW.

                                 MR. GOODELL:  NOW, THE -- THE TRIGGER ON WHETHER

                    YOU HAVE TO COMPLY IS WHETHER YOU PRODUCE MORE THAN TWO TONS OF

                    FOOD SCRAP WASTE PER WEEK.

                                 MS. WEINSTEIN:  PER WEEK, YES.

                                 MR. GOODELL:  THERE'S AN ANNUAL REPORT REQUIRED.

                    IS THAT ANNUAL REPORT -- REPORT TO BE DONE BY LOCATION, OR CAN IT BE DONE

                    ON A COMPANY-WIDE BASIS?  IN OTHER WORDS, IF A SUPERMARKET CHAIN HAS

                    100 SUPERMARKETS, DO THEY HAVE TO TURN IN 100 ANNUAL REPORTS OR JUST

                    ONE ANNUAL REPORT FOR THE CHAIN?

                                 MS. WEINSTEIN:  THAT'S SOMETHING THAT DEC WILL

                    DECIDE.  WE DON'T PRESCRIBE THAT HERE.

                                         96



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MR. GOODELL:  WELL, THIS IS A STATUTORY

                    REQUIREMENT FOR AN ANNUAL REPORT.  AND MY QUESTION IS HOW -- WHAT

                    NEEDS TO BE DONE TO COMPLY WITH THE STATUTORY LANGUAGE SPECIFIED IN

                    THIS LAW?

                                 MS. WEINSTEIN:  YOU KNOW, I THINK SOME OF THAT

                    WILL BE DETERMINED WHEN WE -- WHEN WE SEE HOW MUCH FOOD WASTE

                    THERE ACTUALLY IS.

                                 MR. GOODELL:  MY WIFE IS VERY CONSCIENTIOUS,

                    THANKFULLY, ON PLASTIC BAGS - GOING BACK THERE JUST FOR A MOMENT - AND

                    WE ACTUALLY RECYCLE ALMOST ALL THE PLASTIC BAGS ACCEPT FOR THE ONES THAT

                    WE REUSE INTERNALLY.  IS THERE ANY -- ANY BREAK ON THOSE PLASTIC BAGS?

                    YOU CAN CLEARLY REUSE THEM AS OFTEN AS YOU WANT, RIGHT?

                                 MS. WEINSTEIN:  YOU CAN, BUT THEY WON'T BE

                    GETTING NEW ONES TO REPLACE THE ONES THAT YOU ALREADY HAVE.

                                 MR. GOODELL:  AND WHEN YOU REFERENCE THE WORD

                    "DISTRIBUTED," WHEN YOU SAID NO ONE CAN DISTRIBUTE A PLASTIC BAG IF THEY

                    ALSO COLLECT THE TAX.  WHEN YOU MEANT "DISTRIBUTED" YOU MEANT

                    DISTRIBUTED FOR FREE?  I MEAN, THE LANGUAGE JUST SAYS "DISTRIBUTED."

                                 MS. WEINSTEIN:  RIGHT.  YOU -- YOU CAN'T HAVE --

                    YOU CAN'T HAVE PLASTIC BAGS WHETHER YOU'RE CHARGING FOR THEM OR

                    DISTRIBUTING THEM, GIVING THEM AWAY FOR FREE.

                                 MR. GOODELL:  BUT I THOUGHT YOU TOLD ME A MINUTE

                    AGO THAT IF THEY CHARGE FOR A PLASTIC BAG THAT WAS OKAY.  BUT IF THEY

                    DON'T CHARGE, THEN IT'S BANNED?

                                 MS. WEINSTEIN:  NO.  I GUESS I WAS TALKING ABOUT

                                         97



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    SORT OF THE HEAVY-DUTY BAGS.  THEY CAN CHARGE FOR REUSABLE BAGS, BUT

                    NOT PLASTIC BAGS.

                                 MR. GOODELL:  SO THEY CAN CHARGE FOR A

                    HEAVY-DUTY REUSABLE PLASTIC BAG --

                                 MS. WEINSTEIN:  NOT -- NOT IF IT'S SOLELY MADE OUT

                    OF PLASTIC.

                                 MR. GOODELL:  WELL, AS YOU KNOW, A LOT OF THE

                    MULTI-USE BAGS ARE MADE OUT OF HEAVY-DUTY PLASTIC.

                                 MS. WEINSTEIN:  NO PLASTIC CAN BE DISTRIBUTED.

                                 MR. GOODELL:  NOT EVEN THE HEAVY-DUTY MULTIPLE

                    -- MULTI-USE BAGS THEN, HUH?

                                 MS. WEINSTEIN:  NO.

                                 MR. GOODELL:  I SEE.  BUT YOU CAN BUY BAGS MADE

                    OUT OF OTHER SYNTHETIC MATERIALS?

                                 MS. WEINSTEIN:  YES.

                                 MR. GOODELL:  GOTCHA.  THANK YOU VERY MUCH.

                    AGAIN, I APPRECIATE YOUR COMMENTS.  THANK YOU, SIR.

                                 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.)

                                 ONE MINUTE.

                                 ON A MOTION BY MS. WEINSTEIN, THE SENATE BILL IS

                    BEFORE THE HOUSE.  THE SENATE BILL IS ADVANCED.

                                         98



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 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. MCDONALD TO EXPLAIN HIS VOTE.

                                 MR. MCDONALD:  THANK YOU, MR. SPEAKER.  AND I

                    JUST WANT TO MAKE A COUPLE COMMENTS REGARDING THE PLASTIC BAG BAN.

                    AND AS MANY HAVE SPOKEN, I AM ABSOLUTELY FINE WITH BANNING PLASTIC

                    BAGS.  LONG OVERDUE.  SOMETHING MY CONSTITUENTS HAVE SUPPORTED FOR A

                    LONG PERIOD OF TIME.  HOWEVER, MY CONCERN STILL LIES WITH THE PROPOSED

                    FEE REGARDING PAPER BAGS AND HOW THAT FEE IS SPLIT.  FIRST OF ALL, THE

                    COUNTY-BY-COUNTY APPROACH, IN MY OPINION, IS PROBLEMATIC.  OUR

                    ULTIMATE GOAL SHOULD BE TO ENCOURAGE THE SHOPPING PUBLIC TO TRANSITION

                    TO REUSABLE BAGS, WHICH WILL LEAD TO A BETTER ENVIRONMENT.  THIS

                    APPROACH IS UNCOORDINATED AT BEST.  IT PRESENTS A MIXED MESSAGE TO THE

                    CONSUMER AND A MAJOR HEADACHE FOR THE BUSINESSES THAT OPERATE ACROSS

                    MULTIPLE COUNTY LINES.  SECONDLY, THE FEE GOING BACK 60 PERCENT TO THE

                    STATE, 40 PERCENT TO THE COUNTIES FOR A COMMUNITY REUSABLE BAG

                    PROGRAM, ALTHOUGH THAT'S ADMIRABLE IN MANY ASPECTS, IT COMES AT A COST

                    TO THE RETAILER WHO WILL ONLY PASS ON THAT COST TO THE CONSUMER, THE

                    PEOPLE WE REPRESENT.  BUT THE GOOD NEWS TODAY IS THAT THIS ACTION DOES

                    NOT START UNTIL MARCH OF NEXT YEAR.  IT GIVES US PLENTY OF TIME TO GO

                    BACK, TAKE A LOOK AT THE FEE PROPOSAL TO ENHANCE IT WHERE WE PUT FORTH A

                    CONSUMER, BUSINESS AND ENVIRONMENTALLY-FRIENDLY PROGRAM THAT

                                         99



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    ENCOURAGES REUSABLE BAGS.

                                 THANK YOU, AND I SUPPORT THIS INITIATIVE.

                                 ACTING SPEAKER AUBRY:  MR. MCDONALD IN THE

                    AFFIRMATIVE.

                                 MS. GLICK.

                                 MS. GLICK:  THANK YOU, MR. SPEAKER, FOR ALLOWING

                    ME TO EXPLAIN MY VOTE.  I THINK THAT WE HAVE A GREAT DEAL TO DO IN OUR

                    ENVIRONMENTAL PROTECTION.  THE PLASTIC BAG BAN IS LONG OVERDUE.  I AM

                    OLD ENOUGH TO REMEMBER WHEN WE DID NOT HAVE THEM AND PEOPLE

                    MANAGED TO BRING STRING BAGS OR OTHER BAGS WITH THEM.  VERY POPULAR

                    THROUGHOUT EUROPE IF ANYBODY HAS TRAVELED.  THE -- IN ADDITION, WE

                    HAVE A PROBLEM WITH PLASTIC WASTE EVERYWHERE.  LANDFILLS ARE FILLED

                    WITH THEM, AND THE LOCAL ECONOMY IS STRANGLING IN TRYING TO DEAL WITH

                    THIS WASTE.  IN ADDITION, EVEN IF WE DO NOT -- ARE NOT THE MAJORITY OF THE

                    WORLDWIDE PROBLEM WITH PLASTIC AND PLASTIC BAGS, THERE IS A PROBLEM.

                    WHEN A WHALE CAN BE EXAMINED AND HAVE 80 POUNDS OF PLASTIC IN ITS

                    STOMACH WHEN IT HAS DIED, THAT'S A PROBLEM.  AND WE HAVE TO START

                    ELIMINATING PLASTIC IN EVERY PLACE WE CAN.  AND I DON'T THINK THAT PAPER

                    BAGS ARE THE WHOLE SOLUTION, BUT THEY ARE MORE ENVIRONMENTALLY-SOUND.

                    PEOPLE JUST HAVE TO CHANGE THEIR BEHAVIOR, AND YOU START BY TELLING

                    THEM THEY CAN'T DO THIS ANYMORE.  AND THEN MAYBE THEY GET USED TO

                    CARRYING A REUSABLE BAG AND THEN THEY DON'T EVEN NEED A PAPER BAG.  SO

                    THIS IS ABOUT CHANGING PEOPLE'S BEHAVIOR.  IT'LL TAKE TOO LONG, IN MY

                    OPINION, BUT I BELIEVE WE'RE GOING IN THE RIGHT DIRECTION.  AND FOOD

                    WASTE AS IT HAPPENS, TURNS OUT TO BE THE NUMBER ONE ENVIRONMENTAL

                                         100



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    PROBLEM.  SO WE HAVE TO START TO ADDRESS THAT.

                                 AND I WITHDRAW MY REQUEST AND VOTE IN THE

                    AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MS. GLICK IN THE

                    AFFIRMATIVE.

                                 MS. BUTTENSCHON.

                                 MS. BUTTENSCHON:  THANK YOU, MR. SPEAKER.  I

                    -- I, TOO, WANT TO COMMEND THE WORK THAT WAS DONE ON THIS BILL AND JUST

                    TALK BRIEFLY ABOUT THE FOOD SCRAPPING IN REGARDS TO MY FORMER ROLE AS A

                    BOARD MEMBER WITH THE FOOD PANTRIES IN UTICA AND THROUGHOUT THE AREA.

                    WE HAVE FOUND THAT PARTNERSHIPS HAVE BEEN CREATED THROUGH OUR

                    COMMUNITY COLLEGE, OUR SCHOOLS, ENSURING THAT THERE IS FOOD REUSE AS

                    WELL AS THE IMPORTANCE OF TAKING A LOOK AT THIS FOOD THAT IS GOING TO BE

                    BROUGHT TO DIFFERENT FACILITIES AND -- AND THROUGH THE COMPOST PROCESS,

                    WORKING WITH EVERYONE.

                                 SO, AGAIN, THANK YOU, AND I WILL BE VOTING IN THE

                    AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MS. BUTTENSCHON IN

                    THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MS. FAHY.

                                 MS. FAHY:  THANK YOU, MR. SPEAKER.  I, TOO, RISE TO

                    EXPLAIN MY VOTE.  AND WHILE THERE'S MUCH IN THIS BILL TO BE DISCUSSED, I,

                    TOO, WANT TO TALK ABOUT WHAT -- IT'S SO SIGNIFICANT HERE FOR THE

                    ENVIRONMENT, AND THAT IS THIS PLASTIC BAG BAN THAT IS TRULY IMPORTANT AND

                    WILL BE ONE OF THE MOST IMPORTANT PIECES OF POLICY CHANGES WE MAKE

                                         101



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    HERE TODAY.  WHILE THERE'S BEEN A LOT OF DISCUSSION ABOUT IT, WE CANNOT

                    DENY THE STATISTIC THAT THERE ARE 23 BILLION SINGLE-USE PLASTIC BAGS USED

                    EACH YEAR IN JUST NEW YORK ALONE.  AND THE STUDIES ARE SHOWING THAT

                    BY 2050 IF WE DON'T CHANGE OUR BEHAVIORS, THERE'LL BE MORE PLASTIC BY

                    WEIGHT THAN FISH IN OUR OCEANS.  AND THAT'S A PRETTY SCARY STATISTIC, MORE

                    PLASTIC THAN FISH IN OUR OCEANS IF WE DON'T CHANGE OUR BEHAVIORS BY

                    2050.

                                 THIS BILL IS FAR FROM PERFECT.  THE BAN IS BY FAR THE

                    MOST IMPORTANT.  WE ENDED UP WITH A, IN MY VIEW, A LITTLE BIT OF A

                    CONVOLUTED PIECE WITH REGARD TO A FEE ON PAPER, BUT THE BOTTOM LINE IS

                    IT'S A MASSIVE STEP FORWARD.  I HOPE WE'LL BE BACK AT SOME OF THESE

                    CHANGES.  AND THE GOOD NEWS IS AT LEAST SOME OF THIS FIVE-CENT FEE THAT

                    IS AN OPT-IN FOR COUNTIES - I WOULD HAVE PREFERRED A STATEWIDE POLICY -

                    BUT AT LEAST INITIALLY, THIS TWO-CENT FEE WILL BE USED TO HELP DISTRIBUTE

                    REUSABLE BAGS.  BECAUSE THAT'S WHERE WE NEED TO GO.  NOT WITH PLASTIC,

                    NOT WITH PAPER BAGS, BUT WITH REUSABLE BAGS.  SO, IT'S -- WHILE I, AGAIN,

                    WOULD'VE LIKED SOME OF THIS GOING BACK TO THE STORES, BECAUSE EVERY

                    SINGLE PAPER BAG COSTS FIVE CENTS FOR EACH STORE, AND I THINK WE NEED TO

                    BE A LITTLE MORE BUSINESS-FRIENDLY, GIVEN THAT GROCERS WORK VERY MUCH

                    AT THE MARGINS.  AT LEAST INITIALLY THIS WILL BE ABOUT PROMOTING REUSABLE

                    BAGS BECAUSE PLASTIC BAGS, DESPITE THE FACT THAT WE TALK ABOUT REUSING

                    THEM, WHETHER IT'S FOR DOG WASTE OR -- OR IN OUR GARBAGE CANS, THEY ARE

                    NOT DEGRADABLE.  AT LEAST, STUDIES SHOW FIVE --

                                 ACTING SPEAKER AUBRY:  MS. FAHY, HOW DO

                    YOU VOTE, PLEASE?

                                         102



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MS. FAHY:  AND WITH THAT, MR. SPEAKER, I RISE IN

                    SUPPORT -- IN THE AFFIRMATIVE.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MS. FAHY IN THE

                    AFFIRMATIVE.

                                 MS. ROMEO.

                                 MS. ROMEO:  THANK YOU, MR. --

                                 ACTING SPEAKER AUBRY:  MEMBERS ARE

                    REMINDED, YOU HAVE TWO MINUTES TO EXPLAIN THE VOTE.

                                 MS. ROMEO:  THANK YOU, MR. SPEAKER.  AND I RISE

                    TO EXPLAIN MY VOTE, AND I WILL BE VOTING IN FAVOR OF THIS LEGISLATION

                    TODAY.  I THINK THAT WE ARE TAKING A NUMBER OF IMPORTANT STEPS TOWARDS

                    GREATER ENVIRONMENTAL STEWARDSHIP, AND I WANT TO APPLAUD A NUMBER OF

                    MY COLLEAGUES HERE WHO HAVE SPENT A LOT OF YEARS ADVOCATING FOR THIS.

                    IN MY PART OF UPSTATE NEW YORK, IN ROCHESTER, NEW YORK, WE HAVE A

                    NUMBER OF INSTITUTIONS WHO HAVE BEEN DOING FOOD WASTE DIVERSION AND

                    PREVENTION FOR A NUMBER OF YEARS.  ROCHESTER REGIONAL HEALTH, WHICH

                    IS A HOSPITAL WHICH WILL BE EXCLUDED FROM THE CURRENT PROPOSAL,

                    CURRENTLY HAS A PROGRAM THAT DIVERTS A NUMBER OF WASTE.  SIMILARLY, SO

                    DOES WEGMANS FOOD MARKETS, WHICH IS ONE OF OUR LARGEST EMPLOYERS

                    IN THE REGION.  THIS PROGRAM NOT ONLY HELPED REDUCE CARBON FOOTPRINTS

                    AND DIVERTS A SIGNIFICANT AMOUNT OF ORGANIC WASTE OUT OF OUR MUNICIPAL

                    WASTE STREAMS, BUT IT ALSO IS AN EMERGING INDUSTRY, AND THAT MEANS LOCAL

                    JOBS.  AND I THINK THAT THERE IS A REAL POTENTIAL THAT WITH FURTHER

                    INCENTIVE AND FURTHER ENCOURAGEMENT, EMPOWERMENT, THAT THIS CAN BE A

                    NEW EMERGING INDUSTRY, WHERE NOT ONLY DO WE HAVE A POSITIVE WE ARE

                                         103



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    CREATING ON OUR ENVIRONMENT, BUT WE'RE ALSO CREATING OPPORTUNITIES FOR

                    EMPLOYMENT, ENTREPRENEURSHIP, AND A NUMBER OF OTHER THINGS.

                                 I'M PROUD TO CAST MY VOTE IN FAVOR OF THIS BILL.  AND I

                    REALLY ENCOURAGE ALL OF MY CRITICS -- OR "THE" CRITICS OF THIS POLICY, THAT I

                    THINK IT'S TIME THAT WE NEED TO BE BRAVE ENOUGH TO SEE THE OPPORTUNITIES

                    OF OUR CIRCUMSTANCES, NOT JUST THE CHALLENGES.  AND WITH THAT, I VOTE FOR

                    THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MS. RAIA -- ROMEO

                    IN THE AFFIRMATIVE.

                                 MR. RA TO EXPLAIN HIS VOTE.

                                 MR. RA:  THANK YOU, MR. SPEAKER.  IT WAS MENTIONED

                    EARLIER IN THE DEBATE THAT WE'RE ADOPTING THIS WITHOUT THE PROCUREMENT

                    REFORMS THAT HAVE BEEN TALKED ABOUT A LOT OVER THE LAST YEAR.  AND THE

                    FACT THAT WE'RE DOING THAT, GIVEN ALL OF THE SCANDAL-RIDDEN ECONOMIC

                    DEVELOPMENT PROGRAMS, IS -- IS, FRANKLY, JUST ABSURD.  THESE BILLS, AS WE

                    KNOW, WERE PASSED IN THE SENATE LAST YEAR, DIDN'T COME FOR A VOTE HERE.

                    THERE WAS A LITTLE BIT OF TALK OF KIND OF A COMPROMISE.  BUT I THINK

                    GIVEN THE SCANDALS WE HAVE SEEN, WE NEED TO CONTINUE TO TALK ABOUT THIS

                    ISSUE AND WE NEED TO MAKE SURE WE RESTORE THE AUTHORITY FOR THE

                    COMPTROLLER'S OFFICE TO -- TO -- TO AUDIT THESE CONTRACTS, THAT WE HAVE

                    THE DATABASE OF DEALS SO WE HAVE TRANSPARENCY IN THE PUBLIC SO THAT THE

                    NONSENSE AND THE CORRUPTION THAT HAS GONE ON IS NOT BEING ALLOWED TO

                    CONTINUE.  EACH DAY THAT GOES BY THAT WE DON'T MAKE THOSE CHANGES,

                    WE'RE ENABLING THAT TO CONTINUE WHEN WE ADOPT A BUDGET THAT CONTINUES

                    MANY OF THESE ECONOMIC DEVELOPMENT PROGRAMS, BUT DOES NOT RESTORE

                                         104



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    THOSE -- THOSE AUTHORITIES TO MAKE SURE THAT THOSE DEALS ARE AS

                    TRANSPARENT AS POSSIBLE AND -- AND TO MAKE SURE THAT THERE'S NOT INSIDER

                    DEALING GOING ON, AND TO MAKE SURE THE PUBLIC KNOWS WHO'S GETTING

                    THESE CONTRACTS AND ARE ABLE TO QUESTION WHY MAYBE CERTAIN ENTITIES ARE

                    GETTING THESE CONTRACTS.

                                 SO, FOR THIS AND A WHOLE HOST OF OTHER REASONS, I'M

                    CASTING MY VOTE IN THE NEGATIVE.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. RA IN THE

                    NEGATIVE.

                                 MS. GRIFFIN.

                                 MS. GRIFFIN:  THANK YOU, MR. SPEAKER.  I JUST

                    WANTED TO -- I JUST WANTED TO EXPLAIN MY VOTE ON THIS SERIES OF BILLS.  I

                    VOTED IN THE AFFIRMATIVE BECAUSE THE -- FOR THE PLASTIC BAN.  IT IS EVER SO

                    IMPORTANT.  IT IS THE LEAST THAT WE CAN POSSIBLY DO TO STOP THE POLLUTION

                    OF PLASTIC BAGS.  BAGS HAVE BEEN SHIPPED TO CHINA -- OUR BAGS HAVE

                    BEEN SHIPPED TO CHINA, JUST BECAUSE WE DON'T KNOW WHAT TO DO WITH

                    THEM.  AND THERE ARE NUMEROUS STUDIES -- ANYONE WHO WANTS TO DEBATE

                    IT, THERE ARE SO MANY STUDIES THAT I CAN SEND YOU.  THERE IS ALSO A FILM

                    I'D RECOMMEND, IT'S CALLED BAG IT.  AND IF YOU SEE BAG IT ONE TIME, IT

                    WILL TELL YOU AND SHOW YOU WHY YOU WANT TO STOP POLLUTING EVERYWHERE

                    WITH BAGS.  AND EVEN THOUGH YOU MIGHT USE YOUR BAGS, A LOT OF GROCERY

                    STORES RECYCLE THE BAGS, THEY SAY, AND THEY HAVE A BIG BOX, AND THERE'LL

                    BE LIKE A THOUSAND BAGS IN THEM.  DO YOU KNOW WHAT THEY DO?  THEY

                    END UP JUST THROWING THEM AWAY.  SOMETIMES, DEPENDING ON WHERE YOU

                    LIVE, THEY MIGHT GET RECYCLED, THEY MIGHT GET BURNED OR THEY MIGHT GET

                                         105



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    SHIPPED TO CHINA.  AND IF YOU LIVE ON THE SOUTH SHORE OF LONG ISLAND

                    LIKE I DO AND GO TO THE BEACH, YOU CAN WALK ON THE BEACH ANY DAY, AND

                    BAGS ARE EVERYWHERE.  BECAUSE THEY BLOW -- IT'S NOT JUST PEOPLE

                    LITTERING, THEY JUST BLOW -- THEY FALL INTO THE OCEAN.  MY SON SURFS EVERY

                    DAY.  THE BAGS GET SHREDDED INTO LITTLE TINY PIECES.  AND THEN WHEN YOU

                    GO SWIMMING OR WHEN THERE'S FISH OR WILD -- YOU KNOW, ANYONE IN THE

                    WATER, PEOPLE OR FISH, THEY CAN SWALLOW PLASTICS.  SO, IT'S A SMALL THING

                    THAT WE CAN DO, TO JUST GO WITH THE BAN.  I WOULD PREFER THAT PAPER BAGS

                    BE BANNED, TOO.  I THINK AN ALL-OUT BAN IS TERRIFIC.  IRELAND IS A GREAT

                    EXAMPLE.  IN SIX WEEKS THEY BANNED ALL BAGS, SIX WEEKS, THEY HAD 90

                    PERCENT DROP IN USAGE.  AND WHAT WE CAN DO IS, THE WHOLE IDEA IS BRING

                    YOUR OWN BAG.  THERE'S A GROUP ON LONG ISLAND, ALL OUR ENERGY,

                    THEY'RE IN THE CITY TOO, AND THEY GO AROUND THE COUNTRY AND THEY

                    ADVOCATE FOR WHY WE NEED TO BRING OUR OWN BAG, NOT USE PLASTIC, NOT

                    USE PAPER.  AND ONCE WE DO THAT, WE'LL DO -- WE'LL DO ONE SMALL THING

                    FOR CLIMATE CHANGE.

                                 ACTING SPEAKER PICHARDO:  MS. GRIFFIN, HOW

                    DO YOU VOTE?

                                 MS. GRIFFIN:  I'M VOTING AFFIRMATIVE.  THANK YOU.

                                 ACTING SPEAKER PICHARDO:  MS. GRIFFIN IN

                    THE AFFIRMATIVE.

                                 MR. ENGLEBRIGHT TO EXPLAIN HIS VOTE.

                                 MR. ENGLEBRIGHT:  THANK YOU, MR. SPEAKER.

                    THIS IS AN HISTORIC MOMENT.  IN THE LAST 40 YEARS WE'VE ONLY TAKEN TWO

                    STEPS IN A JOURNEY TO REDUCE THE VOLUME OF OUR WASTE AND TO CLEAN UP

                                         106



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    THE ENVIRONMENT.  THOSE TWO STEPS, OF COURSE, ARE THE BOTTLE BILL AND --

                    THE ORIGINAL BOTTLE BILL AND THE REVISED BOTTLE BILL, WHICH WAS TEN YEARS

                    AGO.  TODAY IN THIS BILL, WE TAKE TWO MORE STEPS IN ONE MOMENT.  THIS

                    IS HISTORIC.  CLEANING UP THE ENVIRONMENT WITH THE PLASTIC BAGS THAT ARE

                    EVERYWHERE WILL HELP OUR STORM DRAINS TO FUNCTION PROPERLY, REMOVE

                    PLASTIC FROM OUR WASTE IN THE SEWER TREATMENT FACILITIES AND WASTEWATER,

                    TAKE THE BAGS OUT OF THE TREES, PREVENT WILDLIFE DEATH, AND CLEAN UP THE

                    GENERAL FEELING OF PLACE THAT IS OUR HOMES.  SIMILARLY, FOOD WASTE, IT'S

                    26 PERCENT BY ITSELF.  THAT CATEGORY IS 26.  ALMOST A QUARTER OF ALL OF

                    THE WASTE THAT WE PRODUCE.  A LOT OF IT IS JUST USABLE AGAIN, BUT

                    THROWING AWAY -- THIS IS A STEP TO TRY TO REUSE STILL VIABLE FOOD AND ALSO

                    TO COMPOST INSTEAD OF FILLING UP OUR LANDFILLS AT THE COST OF MILLIONS OF

                    DOLLARS TO OUR TAXPAYERS.  THIS GREAT STEP WOULD NOT HAVE BEEN POSSIBLE

                    WITHOUT TEAMWORK AND COOPERATION AT ALL LEVELS.  I WANT TO THANK,

                    ESPECIALLY, SPEAKER CARL HEASTIE, BUT ALSO MY COLLEAGUES IN THE SENATE,

                    ESPECIALLY SENATOR TODD KAMINSKY, AND OF COURSE, GOVERNOR CUOMO,

                    WHO HELPED WORK THROUGH THESE PROBLEMS WITH ALL OF US.

                                 THIS IS A GREAT DAY FOR NEW YORK, A GREAT DAY FOR THE

                    THE ENVIRONMENT.  I PROUDLY VOTE YES.

                                 ACTING SPEAKER PICHARDO:  MR. ENGLEBRIGHT

                    IN THE AFFIRMATIVE.

                                 MR. LENTOL TO EXPLAIN HIS VOTE.

                                 MR. LENTOL:  THANK YOU, MR. SPEAKER.  I GREW UP

                    AT A TIME WHEN WE DIDN'T HAVE PLASTIC BAGS.  AS A MATTER OF FACT, I CAN'T

                    EVEN REMEMBER WHEN THEY CAME INTO BEING.  I DO REMEMBER WATCHING

                                         107



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    THE GRADUATE AND HIS BEING TOLD THAT HE SHOULD INVEST IN PLASTICS.  BUT

                    IT WASN'T 1968, I'M SURE IT WAS PRIOR TO 1968 THAT PLASTIC BAGS CAME INTO

                    BEING.

                                 ACTING SPEAKER PICHARDO:  SHH.  GENTLEMEN

                    IN THE BACK, PLEASE.  MEMBERS ARE EXPLAINING THEIR VOTE.  THANK YOU.

                                 MR. LENTOL:  THANK YOU, MR. SPEAKER.  SO, I JUST

                    WANT TO SAY THAT CHANGE DOES COME HARD, AND I DIDN'T KNOW HOW I WAS

                    GOING TO VOTE ON THIS BILL BECAUSE I FEEL VERY SAD FOR THE SENIORS WHO

                    WILL HAVE IT VERY DIFFICULT WITHOUT BEING ABLE TO CARRY PLASTIC BAGS.

                    AND I UNDERSTAND THE E. COLI PROBLEM THAT WAS EXPLAINED.  BUT I

                    BELIEVE THAT THAT CAN BE SOLVED WITH A LITTLE PLASTIC COATING IN A BAG THAT

                    YOU CAN CARRY AND MAY BE ABLE TO RINSE IT OUT.  I'M SURE THERE ARE GOING

                    TO BE MORE INVENTIONS THAT COME ABOUT AS A RESULT OF THIS BAN.  BUT

                    MOST IMPORTANTLY, MR. SPEAKER, I ALMOST CRY EVERY TIME I WATCH 60

                    MINUTES AND I SEE A BIRD LYING ON THE GROUND WITH CHOCOLATE OR --

                    PLASTIC BAGS AND CHOCOLATE MIXED WITH ALL KINDS OF FOOD IN ITS STOMACH,

                    LYING THERE DEAD.  OR A WHALE STRANGLED IN THE WATER, LYING ON THE

                    BEACH.  AND FOR THAT REASON ALONE, I WOULD VOTE FOR THIS BILL.  BUT WE

                    KNOW WHAT IT DOES TO OUR COMMUNITIES AND THE BLIGHT THAT ALL OF THIS

                    PLASTIC CAUSES AROUND OUR COMMUNITIES.

                                 SO, IT IS WITH GREAT RESPECT FOR THE CREATORS OF THIS BILL

                    -- I KNOW IT'S NOT A PERFECT BILL AND WE'RE TALKING ABOUT REPLACING IT WITH

                    PAPER BAGS, BUT WE'RE GIVING THEM AN INCENTIVE BY PUTTING A NICKLE

                    DEPOSIT ON IT SO THAT WE DON'T HAVE PAPER ANYMORE --

                                 ACTING SPEAKER PICHARDO:  MR. LENTOL, HOW

                                         108



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    DO YOU VOTE, SIR?

                                 MR. LENTOL:  AND WE ENCOURAGE PEOPLE, WE

                    ENCOURAGE PEOPLE TO BRING THEIR OWN BAGS.

                                 SO, THANK YOU VERY MUCH, MR. SPEAKER.  I VOTE IN THE

                    AFFIRMATIVE.

                                 ACTING SPEAKER PICHARDO:  MR. LENTOL IN THE

                    AFFIRMATIVE.

                                 MR. CARROLL TO EXPLAIN HIS VOTE.

                                 MR. CARROLL:  THANK YOU, MR. SPEAKER.  I RISE

                    TODAY TO EXPLAIN MY VOTE, BECAUSE WHEN I FIRST CAME TO THIS ASSEMBLY

                    OVER TWO YEARS AGO, ONE OF THE FIRST VOTES THAT I TOOK WAS TO VOTE NO IN

                    OVERTURNING THE NEW YORK CITY COUNCIL'S PLASTIC BAN, A PLASTIC BAG

                    BILL.  WE FOOLISHLY DID THAT THEN.  TODAY WE CORRECT THAT WRONG.  SO I

                    AM PROUD TO VOTE IN THE AFFIRMATIVE TO BAN PLASTIC BAGS AND TO ALLOW

                    COUNTIES TO PUT A FEE ON PAPER.

                                 THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER PICHARDO:  MR. CARROLL IN

                    THE AFFIRMATIVE.

                                 MR. COLTON TO EXPLAIN HIS VOTE.

                                 MR. COLTON:  THANK YOU, MR. SPEAKER.  I RISE TO

                    EXPLAIN MY VOTE BECAUSE I THINK WHAT IS HAPPENING HERE IS REALLY

                    SOMETHING HISTORIC IN TERMS OF NEW YORK STATE AND IN TERMS OF REALLY

                    THE WHOLE COUNTRY.  THE AMOUNT OF DAMAGE THAT PLASTIC HAS DONE TO OUR

                    ENVIRONMENT IS JUST ABSOLUTELY UNFATHOMABLE.  WE HAVE CHOSEN AN

                    APPROACH THAT I BELIEVE IS THE BEST APPROACH TO TAKE IN TERMS OF DEALING

                                         109



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    WITH THIS PROBLEM, IN TERMS OF THE AMOUNT OF BILLIONS OF BAGS OF PLASTIC

                    WHICH ARE BASICALLY A PETROLEUM-BASED PRODUCT.  THAT IN ITSELF RAISES

                    SERIOUS QUESTIONS IN TERMS OF THE DAMAGE THAT IT DOES.  THE FACT THAT IT

                    WILL REMAIN IN OUR ENVIRONMENT ONCE IT IS DISCARDED FOR A CENTURY, IT

                    JUST DOESN'T DISAPPEAR.  THE FACT THAT IT KILLS SO MANY ANIMALS.  THE FACT

                    THAT IT PRESENTS SO MANY PROBLEMS IN TERMS OF ENVIRONMENTAL PROBLEMS

                    AND INFRASTRUCTURE PROBLEMS; BEING TWISTED IN DRAINS AND IN WIRES.  WE

                    NEEDED TO DEAL WITH IT.  AND I THINK BY BANNING IT WE DID IT IN A WAY

                    THAT WE PROVIDE ALTERNATIVES SO THAT IT DOES NOT HURT PEOPLE.  WE'RE NOT

                    CHARGING THEM A FEE WHERE THEY'RE GOING TO BE BASICALLY FINANCIALLY

                    AFFECTED.  WE'RE BASICALLY SAYING THAT PLASTIC BAGS SHOULD NOT BE USED.

                    SINGLE-USE PLASTIC BAGS ARE BAD FOR THE ENVIRONMENT, BAD FOR THE

                    ECONOMY, BAD FOR ALL OF US.  INSTEAD, WHAT WE ARE DOING IS, WE ARE

                    PROVIDING AN ALTERNATIVE, PAPER BAGS, AND IF PEOPLE CHOOSE TO USE A

                    PAPER BAG, THE COUNTIES AND THE CITIES MAY OPT IN AND CHARGE A FEE OF

                    FIVE CENTS.  AND THE MONEY FROM THAT FEE GOES BACK INTO THE

                    ENVIRONMENT.  IT GOES INTO THE ENVIRONMENTAL PROTECTION FUND, PART OF

                    IT, AND THE REST OF IT GOES INTO BUYING REUSABLE BAGS THAT CAN BE SUPPLIED

                    FREE TO THE PEOPLE WHO MIGHT HAVE AN ECONOMIC PROBLEM --

                                 ACTING SPEAKER PICHARDO:  MR. COLTON, HOW

                    DO YOU VOTE?

                                 MR. COLTON:  -- TO PAY FOR PAPER BAGS.  SO, THAT'S

                    WHY I VOTE IN THE AFFIRMATIVE AND I BELIEVE THIS IS A HISTORICAL

                    ENVIRONMENTAL MEASURE THAT HAS BEEN PASSED BY NEW YORK AND WILL DO

                    WELL FOR MANY DECADES TO COME IN TERMS OF OUR ENVIRONMENT, IN TERMS

                                         110



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    OF OUR TREATMENT OF THE ECONOMY, NOT WASTING IT ON PETROLEUM-BASED

                    MATERIALS.  AND I VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER PICHARDO:  MR. COLTON IN THE

                    AFFIRMATIVE.

                                 MS. SIMON TO EXPLAIN HER VOTE.

                                 MS. SIMON:  THANK YOU, MR. SPEAKER.  IN 1967

                    DUSTIN HOFFMAN WAS TOLD WITH NO UNCERTAIN TERMS, BENJAMIN, THE

                    FUTURE IS PLASTICS.  AND WE NOW HAVE A FUTURE THAT IS OVERWHELMED WITH

                    PLASTIC.  I, TOO, AM VERY PROUD OF VOTING AGAINST THE --  THE OVERRULING OF

                    THE CITY'S PLASTIC BAG FEE TWO YEARS AGO.  BECAUSE THAT WAS THE RIGHT

                    VOTE TO DO -- TO MAKE AT THAT TIME BECAUSE WE REALLY NEED TO REDUCE

                    PLASTICS IN OUR ENVIRONMENT.  AND SO I AM VERY, VERY HAPPY TO BE ABLE

                    TO VOTE FOR THIS THIS YEAR, AND THAT WE WILL REALLY MAKE A HUGE

                    DIFFERENCE IN THE REDUCTION OF PLASTICS.  AND I ALSO WANT TO JUST SUGGEST

                    TO EVERYBODY A GREAT THING TO DO TO GIVE OUT TO -- TO FOLKS IS A TOTE BAG.

                    AND I DON'T KNOW ANY SENIOR WITHOUT A TOTE BAG AND I'M SURE WE'RE

                    GOING TO SEE MANY, MANY MORE, AND THAT'S WHAT WE OUGHT TO BE FIGHTING

                    FOR, IS TOTE BAGS FOR EVERY SENIOR.

                                 THANK YOU.

                                 ACTING SPEAKER PICHARDO:  MS. SIMON IN THE

                    AFFIRMATIVE.

                                 MS. NIOU TO EXPLAIN HER VOTE.

                                 MS. NIOU:  THANK YOU, MR. SPEAKER, FOR ALLOWING

                    ME TO EXPLAIN MY VOTE.  FIRST, I WANT TO THANK OUR WAYS AND MEANS

                    CHAIR FOR HER STEADFAST WORK.  I WANT TO BRIEFLY TALK ABOUT TWO PARTS OF

                                         111



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    THIS BILL.  THIS BILL HAS A SECTION ON STUDENT LOAN SERVICING LICENSURE AND

                    REGULATION.  I WANT TO HIGHLIGHT THE IMPORTANCE OF THE WORK THIS

                    MEASURE IS DOING IN REGULATING AND ELIMINATING FRAUDULENT, DECEPTIVE,

                    MISLEADING AND PREDATORY PRACTICES.  STUDENT DEBT LOAN -- STUDENT LOAN

                    DEBT REMAINS A TREMENDOUS ECONOMIC BURDEN ON OUR ECONOMY,

                    ESPECIALLY FOR OUR YOUNGER GENERATION.  I WANT TO THANK ESPECIALLY OUR

                    BANKS CHAIR ON HIS LEADERSHIP TO REGULATE THIS INDUSTRY, AND TO LOOK FOR

                    -- AND I LOOK FORWARD TO WORKING WITH HIM TO PROVIDE FURTHER

                    PROTECTIONS FOR OUR CONSUMERS.

                                 THE SECOND PART OF THE BILL I WANT TO TALK ABOUT IS

                    REGARDING THE BANNING OF PLASTIC BAGS.  BY PASSING THE PLASTIC BAN --

                    BAG BAN, NEW YORK WILL BE ONE OF TWO STATES WHO PROGRESSED TOWARDS

                    REAL CLIMATE CHANGE MITIGATION.  HOWEVER, I BELIEVE WE CAN AND MUST

                    GO FURTHER TO PROTECT OUR ENVIRONMENT AND ENCOURAGE THE BAN OF ALL

                    SINGLE-USE PLASTICS ALTOGETHER.  THIS IS A TREMENDOUS STEP IN THE RIGHT

                    DIRECTION, BUT WE MUST TAKE EVERY MEASURE TO MITIGATE CLIMATE CHANGE.

                    OUR FUTURE AND THE FUTURE OF THE GENERATIONS TO COME DEPEND ON THE

                    ACTIONS THAT WE TAKE TODAY.  THANK YOU TO OUR ENVIRONMENTAL

                    CONSERVATION CHAIR FOR HIS STEADFAST GUIDANCE ON PROTECTING OUR

                    ENVIRONMENT.

                                 I KNOW THESE TWO PARTS OF THE BILL WILL HAVE A LOT OF

                    POSITIVE EFFECTS ON ALL NEW YORKERS, AND FOR THIS REASON I VOTE IN THE

                    AFFIRMATIVE.

                                 ACTING SPEAKER PICHARDO:  MS. NIOU IN THE

                    AFFIRMATIVE.

                                         112



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MR. THIELE TO EXPLAIN HIS VOTE.

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

                    MY VOTE.  ON THIS BUDGET BILL, SPECIFICALLY ON THE PLASTIC BAG BAN, FIRST

                    OF ALL, THERE CAN BE NO DOUBT, IT'S SELF-EVIDENT, THE ENVIRONMENTAL

                    BENEFITS, THE QUALITY OF LIFE BENEFITS THAT COME FROM THIS PARTICULAR

                    PIECE OF LEGISLATION, PARTICULARLY WITH REGARD TO THE MARINE

                    ENVIRONMENT.  IN MY DISTRICT I HAVE MORE COASTLINE THAN ANY OTHER

                    DISTRICT, MORE OF THAT MARINE ENVIRONMENT.  AND I THINK THAT'S ONE OF

                    THE REASONS THAT TOWNS AND VILLAGES IN MY DISTRICT LONG BEFORE THIS

                    LEGISLATION, BY LOCAL LAW HAD ALREADY VOTED AND ALREADY HAD INSTITUTED

                    BANS ON PLASTIC BAGS.  AND THE COUNTY OF SUFFOLK, MY COUNTY, ALSO

                    FOLLOWED SUIT WITH A FEE ON PLASTIC BAGS AND ON PAPER BAGS.  AND THE

                    REASON WHY MY TOWNS, MY VILLAGES, MY COUNTIES DID THIS, IS THAT THEY

                    HOPED THAT ONE DAY IT WOULD SPUR THE STATE OF NEW YORK TO TAKE THE --

                    THE ACTION THAT IT'S TAKING TODAY.  I SHOULD POINT OUT THAT SUFFOLK COUNTY

                    MANY YEARS AGO WAS THE FIRST COUNTY ALSO TO INSTITUTE A BOTTLE BILL,

                    HOPING THAT THE STATE WOULD -- WOULD TAKE ACTION, AND THEY DID.

                                 AS FAR AS PEOPLE'S BEHAVIOR AND THE ADJUSTMENT TO THIS

                    -- FOR THIS LEGISLATION, IN MY DISTRICT WHERE THERE ARE -- HAVE BEEN BANS

                    IN PLACE, IT WAS A VERY, VERY SHORT PERIOD OF TIME BEFORE PEOPLE

                    CHANGED THEIR BEHAVIOR.  I GO TO THE GROCERY STORE A COUPLE OF TIMES A

                    WEEK, I'VE GOT MY RENEW -- MY REUSABLE BAGS, AND PEOPLE QUICKLY

                    ADJUSTED TO THAT.  THAT'S WHAT THEY DO, AND IT WAS -- THERE WAS NO GREAT

                    UPHEAVAL WITH REGARD TO THAT KIND OF CHANGE IN BEHAVIOR.

                                 SO, I LOOK FORWARD TO THE IMPLEMENTATION OF THIS

                                         113



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    LEGISLATION, AND I THINK WE WILL REAP THE BENEFITS FOR DECADES TO COME.

                    I WITHDRAW MY REQUEST AND VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER PICHARDO:  MR. THIELE IN THE

                    AFFIRMATIVE.

                                 MR. KIM TO EXPLAIN HIS VOTE.

                                 MR. KIM:  YES, MR. SPEAKER.  EVERY YEAR WE SPEND

                    BETWEEN $8- TO $10 BILLION IN ECONOMIC DEVELOPMENT TO CORPORATE

                    INCENTIVES AND CORPORATE WELFARE WITHOUT ANY OVERSIGHT, ACCOUNTABILITY

                    OR TRANSPARENCY.  THE LAST TWO YEARS WE TRIED IN A ONE-HOUSE BILL TO PUT

                    IN SOME DATABASE LANGUAGE, AS WELL AS SOME TRANSPARENCY FOR REGIONAL

                    ECONOMIC DEVELOPMENT COUNCILS, BUT WE DID NOT GET THERE AGAIN THIS

                    YEAR.  IN PLACES LIKE SOLARCITY IN BUFFALO WE -- WE ALLOCATED $750

                    MILLION THAT YIELDED 600 JOBS.  THAT'S $1.25 MILLION PER JOB.  WE SHOULD

                    NOT BE SPENDING $1.25 MILLION PER JOB OF TAXPAYERS' MONEY.  MOVING

                    FORWARD, I BELIEVE WE HAVE THE APPETITE IN THIS HOUSE AND IN THE SENATE

                    TO MAKE SURE THAT WE HAVE MORE ACCOUNTABILITY, TRANSPARENCY AND SOME

                    STRONG CALLBACK LANGUAGES AND SAY, IF YOU'RE NOT PERFORMING, WE SHOULD

                    GET THAT MONEY BACK TO THE STATE.

                                 SECONDLY, WE HAVE A STUDENT DEBT CRISES.  IN TEN YEARS

                    WE DOUBLED IN STUDENT DEBT IN THE -- IN THE STATE OF NEW YORK, FROM

                    $40 BILLION TO CLOSE TO $85 BILLION.  IT IS A FULL-BLOWN CRISIS.  I'M -- I AM

                    VERY GLAD THAT WE TOOK THE MEASURE UNDER THE GUIDANCE OF OUR CHAIR,

                    KEN ZEBROWSKI, TO MAKE SURE THAT WE CRACK DOWN PROPRIETARY SERVERS.

                    BUT WE CAN -- WE CAN GO FURTHER.  WE CAN ACTUALLY BUY, WRITE DOWN,

                    AND EVEN CANCEL SOME OF THE STUDENT DEBTS.  THAT ACTUALLY HAS PROVEN

                                         114



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    BY A NUMBER OF ECONOMISTS TO HAVE TREMENDOUS RETURN ON LOCAL

                    ECONOMIES.  THAT ACTUALLY LEADS TO MORE JOB GROWTH.  SO, YOU KNOW,

                    THIS IS A GOOD START, BUT I THINK WE CAN GET -- WE CAN GO FURTHER, MAKE

                    SURE THAT WE CAN -- WE CAN FOCUS ON PRODUCING REAL JOBS FOR THE STATE OF

                    NEW YORK.

                                 THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER PICHARDO:  MR. KIM IN THE

                    AFFIRMATIVE.

                                 MR. BUCHWALD TO EXPLAIN HIS VOTE.

                                 MR. BUCHWALD:  THANK YOU, MR. SPEAKER.  TO

                    EXPLAIN MY VOTE.  I'LL BE VOTING IN FAVOR OF THIS BILL AND I WANT TO JUST

                    COMMENT AND JUST NOTE THE WORDS OF MY COLLEAGUES ON ONE PORTION OF

                    THE BILL THAT HAS NOT BEEN PARTICULARLY COMMENTED ON SO FAR.  THE LAST

                    PART OF THE BILL, PART UU, IS -- IS A PART TO AMEND THE PUBLIC SERVICE

                    LAW IN RELATION TO A WESTCHESTER COUNTY RENEWABLE ENERGY AND

                    ENERGY EFFICIENCY RESOURCES PROGRAM.  I WANT TO THANK MY COLLEAGUES

                    FOR HAVING SUPPORTED THE MANY PEOPLE IN WESTCHESTER WHO ARE NOW

                    FACING A NATURAL GAS MORATORIUM ANNOUNCED JUST TWO MONTHS BEFORE IT

                    WENT INTO EFFECT.  AND IT WAS CRUCIAL THAT WE DEMONSTRATE TO THE

                    BUSINESSES AND RESIDENTS OF WESTCHESTER THAT WE, AS A STATE, STAND WITH

                    THEM AND TO PROVIDE THIS OPPORTUNITY TO PROMOTE RENEWABLE RESOURCES

                    OF ENERGY SO THAT WE CAN MOVE WESTCHESTER COUNTY AHEAD AND MAKE

                    SURE THE ECONOMIC GROWTH OF OUR COUNTY CAN MOVE FORWARD IS ESSENTIAL.

                    I WANT TO THANK THE GREAT MANY COLLEAGUES, NOT JUST FROM THE

                    WESTCHESTER DELEGATION, BUT AROUND THE STATE WHO HAVE BEEN

                                         115



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    SUPPORTIVE, MAKING SURE THAT WE ARE HELPING LEAD THE WAY.  I THINK IT

                    WAS THE ASSEMBLY PROPOSING THIS INITIATIVE THAT HELPED CREATE A

                    PROGRAM THAT'S ALREADY STARTING TO GET IMPLEMENTED, BUT THIS LEGISLATION

                    TODAY WILL HELP MAKE SURE THAT'S THE CASE ALL THE MORE.

                                 THANK YOU VERY MUCH, MR. SPEAKER.  I VOTE IN THE

                    AFFIRMATIVE.

                                 ACTING SPEAKER PICHARDO:  MR. BUCHWALD IN

                    THE AFFIRMATIVE.

                                 MR. EPSTEIN TO EXPLAIN HIS VOTE.

                                 MR. EPSTEIN:  THANK YOU, MR. SPEAKER.  I RISE TO

                    EXPLAIN MY VOTE.  FIRST, I WANT TO TALK ABOUT THE STUDENT LOAN DEBT ISSUE.

                    IT'S -- WE ARE LIVING IN A CRISIS MOMENT WITH STUDENT LOANS IN NEW YORK

                    STATE, AND I'M GLAD WE'RE TAKING A SMALL STEP TO TRY TO RESOLVE IT.  BUT

                    WE HAVE A HUGE CRISIS FOR STUDENTS WHO ARE BEING BURDENED BY DEBT,

                    BEING ABUSED BY THE SYSTEM AND BEING ABUSED BY THESE AGENCIES WHO

                    SAY THEY'RE GOING TO CONSOLIDATE AND HELP THEM.  I'M GLAD WE'RE TAKING

                    THE FIRST STEP, BUT WE HAVE A LONG WAY TO GO.

                                 SECOND, ON THE PLASTIC BAG BAN, I REALLY APPRECIATE THE

                    LEADERSHIP OF THE ASSEMBLY TO MOVE FORWARD ON THIS PLASTIC BAG BAN.

                    BUT AGAIN, THERE'S SO MUCH MORE WE NEED TO DO.  WE'RE BASICALLY

                    PENALIZING PEOPLE WHO GO SHOPPING WHO NEED A BAG, VERSUS PEOPLE

                    WHO GO TO RESTAURANTS AND CAN AFFORD TO EAT OUT EVERY DAY, THEY CAN GET

                    A PLASTIC BAG EVERY TIME YOU GET FOOD DELIVERED TO THEIR HOME, EVERY

                    TIME THEY GO TO A RESTAURANT TO PICK IT UP.  IT IS A SYSTEM THAT PRIVILEGES

                    PEOPLE WHO ARE ALREADY PRIVILEGED.  SO, MY HOPE IS THAT WE TAKE THIS

                                         116



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    FIRST STEP TODAY, BUT WE THINK ABOUT OTHER NEW YORKERS AND THINK ABOUT

                    THE ISSUE OF PLASTIC BAGS AND TAKE THIS FURTHER.

                                 FINALLY, ON -- ON FOOD SCRAPS AND NEW YORK IS NOT AN

                    ENVIRONMENTAL LEADER YET.  MY GOAL IS FOR US TO BECOME ONE, BY

                    THINKING ABOUT WHAT WE DO AROUND THE STATE AROUND COMPOSTING FOOD

                    SCRAPS.  THIS IS A CLEAR IMPORTANT FIRST STEP.  BUT TO CATCH UP TO STATES

                    LIKE CALIFORNIA, WHO KNOW THE ENVIRONMENTAL IMPACT THAT WE HAVE,

                    KNOW HOW IMPORTANT RECYCLING, COMPOSTING, ENERGY EFFICIENCY, SOLAR,

                    WIND, POWER.  NEW YORK NEEDS BE A LEADER AGAIN AND I LOOK FORWARD TO

                    OUR BODY DOING THAT.  I WILL VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER PICHARDO:  MR. EPSTEIN IN

                    THE AFFIRMATIVE.

                                 MR. RAIA TO EXPLAIN HIS VOTE.

                                 MR. RAIA TO EXPLAIN HIS VOTE.

                                 MR. RAIA:  THANK YOU VERY MUCH.  I APOLOGIZE.

                                 MR. SPEAKER, I RISE TO EXPLAIN MY VOTE.  WHILE THE

                    GOALS -- MANY OF THE GOALS IN HERE ARE NOBLE ONES, I DO HAVE SOME

                    CONCERNS WITH THE PLASTIC BAG BAN.  WHILE IT ACTUALLY -- I'LL BE THE FIRST

                    TO ADMIT, I HATED SUFFOLK COUNTY'S PLASTIC BAG BAN, BUT IT ACTUALLY

                    WORKS.  IT FORCED ME TO CHANGE MY HABITS, IT FORCED A LOT OF PEOPLE.  I

                    AM CONCERNED ABOUT SOME OF THE COMMENTS THAT WERE MADE EARLIER,

                    THAT COSTS ARE GOING TO BE PASSED ON TO THE CONSUMER.  I AM CONCERNED

                    THAT THERE IS A CARVEOUT FOR INDIVIDUALS.  EVERYBODY NEEDS TO HAVE

                    BUY-IN ON -- IN THIS.  AND IF IT MEANS GETTING THEM REUSABLE BAGS

                    QUICKER THAN OTHER PEOPLE, THEN LET -- LET THAT HAPPEN.  I'M ALSO

                                         117



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    CONCERNED ABOUT THE... THE FOOD WASTE PART.  I'VE BEEN CONTACTED BY

                    MANY HOSPITALS AND NURSING HOMES, AND THEY FEEL THAT THIS IS GOING TO

                    INCREASE COSTS OF HEALTH CARE.

                                 BUT MY BIGGEST CONCERN ARE THESE PESKY WORDS THAT

                    SAY "INTENTIONALLY OMITTED."  IT'S IN HERE PROBABLY AROUND 10, 12 TIMES.

                    THINGS THAT ARE SUPPOSED TO BE IN THIS PART OF THE BUDGET THAT ARE NOT.

                    THINGS LIKE DIRECTING THE MTA TO REFORM ITS ORGANIZATIONAL STRUCTURE.

                    INCREASING TRANSPORTATION WORKER ASSAULT PROTECTIONS.  INCREASING TOLL

                    PROTECTIONS.  AUTHORIZING LOCAL GOVERNMENTS TO ALLOW CERTAIN MOTORIZED

                    SCOOTERS.  INCREASING OVERSIGHT OF LIMOUSINE, BUSES AND LIVERY.  THINGS

                    LIKE OFFSHORE DRILLING PROHIBITION, WHICH I -- I CERTAINLY SUPPORT, BUT IT'S

                    INTENTIONALLY OMITTED HERE.  WETLAND MAPPINGS, INTENTIONALLY OMITTED.

                    HOW CAN WE VOTE ON A BUDGET THAT HAS SO MANY THINGS THAT ARE

                    INTENTIONALLY OMITTED?  WHY?  BECAUSE IT MAY OR MAY NOT SHOW UP IN A

                    BIG UGLY OR A REVENUE BILL THAT WE HAVEN'T EVEN SEEN YET.

                                 SO, FOR THIS AND MANY OTHER REASONS, I WILL BE CASTING

                    MY -- MY VOTE IN THE NEGATIVE.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER PICHARDO:  MR. RAIA IN THE

                    NEGATIVE.

                                 MR. BURKE TO EXPLAIN HIS VOTE.

                                 MR. BURKE:  THANK YOU, MR. SPEAKER.  I RISE TO

                    EXPLAIN MY VOTE AND RECOGNIZE THE IMPORTANCE OF THIS HISTORIC MOMENT

                    FOR OUR STATE AND OUR ENVIRONMENT.  AND I DO SO IN UNDERSTANDING THE --

                    THE HISTORIC IMPORTANCE OF THESE CHAMBERS, AND SOME OF THE PEOPLE

                    WHO HAVE WORKED HERE.  THEODORE ROOSEVELT, A REPUBLICAN, AN

                                         118



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    ASSEMBLYMAN, HAD THIS TO SAY:  IT IS ALSO VANDALISM WANTONLY TO

                    DESTROY OR TO PERMIT THE DESTRUCTION OF WHAT IS BEAUTIFUL IN NATURE,

                    WHETHER IT BE A CLIFF, A FOREST OR A SPECIES OF MAMMAL OR BIRD.

                                 HERE IN THE UNITED STATES WE TURN OUR RIVERS AND

                    STREAMS INTO SEWERS AND DUMPING GROUNDS.  WE POLLUTE THE AIR.  WE

                    DESTROY FORESTS AND EXTERMINATE FISHES, BIRDS AND MAMMALS.  NOT TO

                    SPEAK OF VULGARIZING CHARMING LANDSCAPES WITH HIDEOUS

                    ADVERTISEMENTS.  BUT AT LAST, IT LOOKS AS IF OUR PEOPLE ARE AWAKENING.

                                 THANK YOU, MR. SPEAKER.  I VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER PICHARDO:  MR. BURKE IN THE

                    AFFIRMATIVE.

                                 MS. BICHOTTE TO EXPLAIN HER VOTE.

                                 MS. BICHOTTE:  THANK YOU, MR. SPEAKER, FOR

                    ALLOWING ME TO EXPLAIN MY VOTE.  I WOULD LIKE TO EXPLAIN MY VOTE AS IT

                    PERTAINS TO THE BANNING OF PLASTIC BAGS.  I WOULD LIKE TO SAY THAT TWO

                    YEARS AGO, I WAS NOT IN FAVOR IN -- IN THE SUPPORT OF TAXING OUR RESIDENTS

                    ON -- A FEE FOR THE USE OF PLASTIC BAGS, ESPECIALLY WHEN THE FUNDS

                    WEREN'T GOING TO ANYTHING REGARDING IMPROVING OUR ENVIRONMENT.  I

                    DID, HOWEVER, SAY THAT I WOULD SUPPORT A BAN ON PLASTIC BAGS

                    ALTOGETHER, WHICH I THINK IS THE REAL WAY TO CHANGE BEHAVIOR AND

                    PROTECTING OUR ENVIRONMENT.  I'M HAPPY THAT THE OPT-IN TAX FEE ON

                    BROWN PAPER BAGS WILL BE GOING TO THE ENVIRONMENTAL PROTECTION FUND.

                    THIS IS A HISTORIC AND PROGRESSIVE ENVIRONMENTAL MOVE FOR NEW YORK

                    STATE.

                                 SO, I VOTE IN FAVOR OF THIS BUDGET, AND I'LL BE VOTING IN

                                         119



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    THE AFFIRMATIVE.  THANK YOU.

                                 ACTING SPEAKER PICHARDO:  MS. BICHOTTE IN

                    THE AFFIRMATIVE.

                                 MR. STERN TO EXPLAIN HIS VOTE.

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

                    COMING HERE TO THE STATE ASSEMBLY, I HAD THE PRIVILEGE OF SERVING AS A

                    MEMBER OF THE SUFFOLK COUNTY LEGISLATURE.  AND SO, A FEW YEARS AGO I

                    WAS THERE TO PLAY A ROLE IN THE DEBATE IN PASSING OF OUR PLASTIC BAG BILL.

                    AT THAT TIME, WE MADE THE DECISION AS A BODY ON A BIPARTISAN BASIS TO

                    IMPLEMENT A FIVE-CENT FEE ON THE PAPER AND THE PLASTIC.  AND MANY OF

                    OUR COLLEAGUES ASKED THESE VERY SAME QUESTIONS THAT HAVE BEEN RAISED

                    HERE TODAY.  AND A COUPLE OF THE COMMENTS I REMEMBER VERY WELL.

                    ONE OF THE COMMENTS WAS, WELL, IF WE ARE TRULY SERIOUS ABOUT

                    PROTECTING OUR ENVIRONMENT, WHY ARE WE CHARGING ONLY FIVE CENTS FOR

                    PAPER OR PLASTIC?  WHY NOT JUST A BAN ON THE PLASTIC?  WELL, TODAY, WE

                    TAKE THAT VERY NEXT STEP, ONE THAT HAD BEEN CONTEMPLATED IN SUFFOLK AT

                    THE TIME.  OTHERS WOULD SAY, WELL, IF YOU'RE SERIOUS ABOUT PROTECTING

                    OUR ENVIRONMENT, WHY IS THE FIVE CENTS GOING TO THE GROCER INSTEAD OF

                    BEING ALLOCATED TOWARDS -- TOWARDS ENVIRONMENTAL PROTECTION

                    INITIATIVES?  AND WE SAID THAT WHILE THAT WOULD BE THE PREFERRED WAY TO

                    GO, WE HAD TO PUT INTO OUR BILL A REVERSE PREEMPTION CLAUSE BECAUSE AT

                    THE LOWER LEVEL OF GOVERNMENT WE DID NOT HAVE THE LEGAL ABILITY TO

                    DIRECT THAT FEE TOWARDS ENVIRONMENTAL INITIATIVES THE WAY THIS DOES

                    TODAY.  AND SO, AT THE TIME THE LAW THAT WE HAD PASSED, WHICH HAS BEEN

                    A TREMENDOUS SUCCESS LOCALLY, WAS WITH THE IDEA THAT THIS DAY WOULD

                                         120



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    COME; THAT THIS DAY WOULD COME TO TAKE THE VERY NEXT STEP NECESSARY IN

                    PROTECTING OUR ENVIRONMENT.

                                 SO, MR. SPEAKER, I WILL BE VOTING IN THE AFFIRMATIVE

                    BECAUSE WE DO NEED TO BE SERIOUS ABOUT TAKING THE NEXT STEP TO PROTECT

                    OUR ENVIRONMENT FOR NOW AND FOR GENERATIONS TO COME.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. CRESPO.

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

                    MY VOTE.  LISTENING TO SO MANY OF THE COMMENTS IN REGARDS TO THE

                    IMPACT OF THE PART OF THIS BUDGET BILL THAT BANS THE USE OF PLASTIC BAGS,

                    AS YOU CAN SEE, I HAVE MY TWO LITTLE ONES WITH ME THIS AFTERNOON, AND

                    I'M THINKING ABOUT THEIR -- THE IMPACT TO THEIR FUTURE AND OTHER CHILDREN

                    IN MY COMMUNITY.  I REMEMBER MY PREDECESSOR, NOW THE BRONX

                    BOROUGH PRESIDENT, RUBEN DIAZ, JR., WORKING WITH THEN-GOVERNOR

                    PATAKI TO CLEAN UP VEHICLES THAT HAD BEEN DUMPED IN THE BRONX RIVER,

                    AND WORKING WITH LOCAL COMMUNITY-BASED ORGANIZATIONS TO CLEAN UP THE

                    WATERWAYS AROUND SOUNDVIEW AND HUNTS POINT.  AND TODAY, THIS TAKES

                    A -- A GREAT STEP FORWARD IN -- IN IMPROVING OUR ENVIRONMENT, BECAUSE

                    ORGANIZATIONS LIKE ROCKING THE BOAT, THE BRONX RIVER ALLIANCE, THE

                    POINT AND OTHERS CONTINUE TO EDUCATE KIDS AROUND -- IN MY

                    COMMUNITY AROUND THE IMPORTANCE OF PROTECTING THE ENVIRONMENT,

                    PROTECTING MARINE LIFE AND -- AND OUR OVERALL ENVIRONMENTAL GOALS AND

                    QUALITY OF LIFE AND HEALTH NEEDS IN OUR COMMUNITIES.  AND THE FACT IS

                    THAT THESE PLASTIC BAGS ARE NOW THE BIGGEST CULPRIT OF THAT

                    ENVIRONMENTAL IMPACT.  SO, BANNING THEM IS THE RIGHT THING TO DO.  I

                    BELIEVE THAT THE PROPOSAL WE SAW A COUPLE OF YEARS AGO WAS NOT THE

                                         121



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    RIGHT ONE, NOT THE RIGHT APPROACH.  THIS IS MUCH BETTER; WHILE NOT

                    PERFECT, MUCH BETTER.  AND FOR THOSE THAT WOULD OPT IN ON THE FEES, SO

                    LONG AS THAT MONEY IS BEING REINVESTED INTO OUR ENVIRONMENTAL NEEDS

                    AND TO PROVIDE AND -- AND PROMOTE THE USE OF THE -- OF THE REUSABLE

                    BAGS, THAT IS THE BEST WAY TO GO.  THE PEOPLE OF THE BRONX WILL ADJUST TO

                    THIS.  THE PEOPLE OF THE BRONX WILL BENEFIT FROM THIS.  AND THE PEOPLE

                    IN MY COMMUNITY KNOW THAT THIS IS ABOUT MAKING SURE THAT THE FUTURE

                    FOR OUR CHILDREN IS BRIGHTER AND HEALTHIER.  THIS IS A STEP IN THE RIGHT

                    DIRECTION.  IT IS A GREAT DAY FOR THE STATE OF NEW YORK AND I'LL PROUDLY

                    VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. CRESPO IN THE

                    AFFIRMATIVE.

                                 MR. SAYEGH.

                                 MR. SAYEGH:  THANK YOU VERY MUCH, MR. SPEAKER.

                    YOU KNOW, THIS IS THE DISPLAY OF NEW YORK STATE TAKING THE LEAD ON

                    ISSUES FROM ECOLOGY, TO THE ENVIRONMENT, TO MANY ISSUES THAT IMPACT

                    OUR LIVES.  AND SOMETIMES WE MAY SAY, WELL, WHAT -- WHAT DOES THAT

                    DO?  THAT REALLY SETS THE STAGE FOR THE REST OF THE NATION.  AND I THINK

                    WHEN OUR NATION GOES A CERTAIN WAY, IT SETS THE STAGE INTERNATIONALLY.

                    AND I THINK THE ECOLOGY AND THE ENVIRONMENT ARE CRUCIAL ISSUES, AND

                    THE BAN ON PLASTIC, ALONG WITH OUR EFFORTS TO PROMOTE MORE RENEWABLE

                    ENERGY, IS REALLY AN ACKNOWLEDGMENT THAT HISTORICALLY WE MAY LOOK AT

                    THE PAST AND SAY, PLASTIC WAS THE FUTURE AND GASOLINE AND FUEL AND

                    FOSSIL OIL WAS THE FUTURE, AND THEN WE REALIZE -- AND -- AND THE BOLD

                    MOVES IS A REALIZATION AT SOME POINT THAT MAYBE THAT PROGRESS OR THAT

                                         122



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    INITIATIVE MAYBE DOESN'T WORK AS WELL AS IT WAS INTENDED 40 AND 50 AND

                    100 YEARS AGO.  SO, I SUPPORT THIS PROPOSAL AND LEGISLATION.  AND I FEEL

                    THAT ALTHOUGH FOR MANY OF US THERE'S PARTS OF THIS LEGISLATION THAT MAY

                    NOT BE PERFECT, BUT I THINK THIS SETS A POLICY IN MOTION AND ALLOWS US,

                    MOVING FORWARD, TO BEGIN TO LOOK AT FINE-TUNING THIS PROPOSAL SO IT

                    BECOMES BETTER.  AND AS A QUICK EXAMPLE, A NUMBER OF YEARS AGO WHEN

                    I FIRST WENT SHOPPING AT COSTCO, AND I REALIZED WITH ALL THE GROCERY WE

                    PURCHASED, YOU KNOW, THAT THERE WAS NO BAGS TO PUT THIS GROCERY IN,

                    AND WE HAD TO UTILIZE BOXES.  I LOOKED AT IT AS BEING UNUSUAL, HOW CAN

                    THIS HAPPEN?  AND AS TIME WENT ON, WE GOT USED TO IT.  IT'S CONDITIONING

                    THAT I THINK WE WOULD ADDRESS AND DEAL WITH AND MOVE ON.

                                 SO, FOR THAT REASON, MR. SPEAKER, I VOTE IN THE

                    AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. SAYEGH IN THE

                    AFFIRMATIVE.

                                 MR. ZEBROWSKI.

                                 MR. ZEBROWSKI:  THANK YOU, MR. SPEAKER.  I ALSO

                    JUST WANTED TO TOUCH ON THE CONSUMER PROTECTION STANDARDS AND

                    REGULATIONS REGARDING STUDENT LOANS SERVICERS.  MY COLLEAGUES IN THE

                    ASSEMBLY SHOULD BE PROUD.  WE HAVE BEEN AT THIS FOR A COUPLE OF YEARS

                    NOW AND REALLY SET THE STAGE IN DEALING WITH THE PROTECTIONS NECESSARY

                    FOR BORROWERS ACROSS THE STATE.  PARTICULARLY MY COLLEAGUES WHO SPOKE

                    EARLIER AND THE MEMBERS OF THE BANKS COMMITTEE, WHO HAVE SHOWN

                    LEADERSHIP ON THIS, CERTAINLY, THE SPEAKER.  AND I REALLY WANT TO THANK

                    THE STAFF WHO HAVE DEALT WITH A CHANGING FEDERAL REGULATORY STRUCTURE

                                         123



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    TO COME UP WITH A PROCESS TO PROTECT CONSUMERS.  AND I'LL BE THE FIRST

                    ONE TO SAY THAT THIS DOES NOT END THE STUDENT DEBT PROBLEM, THIS DOES

                    NOT END THE STUDENT LOAN PROBLEM.  HOWEVER, IT DOES, FOR THE FIRST TIME,

                    GIVE OUR CONSTITUENTS AN ABILITY TO APPEAL TO STATE GOVERNMENT SO THAT

                    THEY ARE NOT TAKEN ADVANTAGE OF, SO THAT THEY ARE NOT DEALT WITH IN

                    FRAUDULENT WAYS.  BECAUSE AT LEAST PART OF THE PROBLEM IS WHEN STUDENTS

                    ARE HAVING ISSUES WITH REPAYING LOANS, THAT THEY'RE SOMETIMES STEERED

                    IN A WAY THAT ACTUALLY MAKES THE PROBLEM WORSE.  SO, FOR ALL THOSE

                    BORROWERS THAT WE HAVE ACROSS THE STATE THAT ARE DEALING WITH THIS

                    CRUSHING BURDEN, WE NEED TO DO MORE; HOWEVER, THIS IS THE FIRST STEP IN

                    REALLY COMING UP WITH A REGULATORY STRUCTURE TO PROVIDE SOME

                    PROTECTIONS.  I WANT TO THANK ALL MY COLLEAGUES FOR JOINING WITH ME IN

                    THAT COLLABORATIVE PROCESS.

                                 THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MS. WALKER.

                                 MS. WALKER:  THANK YOU, MR. SPEAKER, FOR THE

                    OPPORTUNITY TO EXPLAIN MY VOTE.  I WANTED TO JUST MENTION A LITTLE BIT

                    ABOUT THE PLASTIC BAG BAN.  WE RECOGNIZE THAT THERE IS -- THERE ARE TONS

                    OF PLASTIC BAGS THAT WIND UP IN OUR OCEAN AND HARMING ALL OF THE

                    WILDLIFE THAT LIVES THEREIN.  PLASTIC IS NOT BIODEGRADABLE, IT'S

                    PHOTODEGRADABLE AND IT TAKES ABOUT 400 TO 1,000 YEARS TO BREAK DOWN

                    INTO TOXINS.  THESE TOXINS GET INTO THE FISH THAT MANY OF US WIND UP

                    EATING, AND IT SORT OF, YOU KNOW, WINDS UP INTO OUR OWN BODIES.  AND

                    WE KNOW THAT IT'S HARMFUL NOT JUST TO THE WILDLIFE, NOT JUST TO OUR

                    ENVIRONMENT, BUT ALSO TO OURSELVES.  WHILE WE ARE DOING THIS, IT ALSO

                                         124



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    HAS A MAJOR IMPACT ON -- SPEAKING IN ONE VOICE AS IT RELATES TO NATURAL

                    GAS AND CRUDE OIL, WHICH ARE TWO MAJOR COMPONENTS THAT PRODUCES

                    PLASTIC.  SO, I'M GLAD THAT WE ARE SPEAKING IN ONE VOICE; HOWEVER, WE

                    HAVE THE ENVIRONMENTAL CAMPAIGN AND -- AND WE HAVE A NUMBER OF

                    OTHER CAMPAIGNS THAT ARE GOING ON HERE, BUT THE POOR PEOPLE'S

                    CAMPAIGN IS NOT NECESSARILY BEING HEARD.  SO, WHILE WE LOOK AT HOW

                    THIS ATTACK CAN BE SITUATED ON OUR SENIORS AND MANY VULNERABLE

                    COMMUNITIES SUCH AS THE COMMUNITY THAT I REPRESENT, WHO ARE CALLING

                    OUT TO ME FOR A LOT OF SUPPORT AND LOT OF HELP WITH RESPECT TO THE ACTUAL

                    IMPLEMENTATION OF THIS PARTICULAR PIECE OF LEGISLATION.  SO, WE'LL HAVE TO

                    FIGURE OUT HOW WE GET THE BAGS INTO COMMUNITIES THAT WILL NEED THEM

                    THE MOST.  AND I LOOK FORWARD TO EACH AND EVERY ONE OF US COMING UP

                    WITH AN IDEA AND A PLAN AND AN INITIATIVE THAT MAKES THE ENVIRONMENT

                    FOR ALL ACCESSIBLE TO ALL, AND SO THAT IT IS NOT NECESSARILY A PUNISHMENT

                    ON MANY DISADVANTAGED -- ECONOMICALLY-DISADVANTAGED COMMUNITIES.

                                 I ALSO WANT TO COMMEND THE RENEWABLE ENERGY

                    OPPORTUNITIES THAT ARE IN THIS BUDGET.  AS YOU KNOW, WE HAVE SOLARIZED

                    BROWNSVILLE AND WE -- WE PUT 100 -- OVER 225 SOLAR PANELS ON MANY

                    HOMES WITHIN BROWNSVILLE COMMUNITY.  IT'S BEEN VERY HELPFUL, AND WE

                    LOOK FORWARD TO WORKING WITH EACH AND EVERY ONE OF YOU ON THIS.

                    THANK YOU.

                                 ACTING SPEAKER AUBRY:  MS. WALKER IN THE

                    AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                         125



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 THE BILL IS PASSED.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  WE ARE NOW GOING TO STAY ON -- GOING TO PAGE 8, RULES

                    REPORT NO. 44.  AGAIN, ON DEBATE, MS. WEINSTEIN.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A02006-C, RULES

                    REPORT NO. 44, BUDGET BILL.  AN ACT INTENTIONALLY OMITTED (PART A);

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

                    THE EDUCATION LAW, IN RELATION TO RESIDENCY REQUIREMENTS FOR THE

                    PURPOSE OF QUALIFYING FOR CERTAIN SCHOLARSHIPS AND FINANCIAL ASSISTANCE

                    FOR HIGHER EDUCATION; AND TO REPEAL CERTAIN PROVISIONS OF THE EDUCATION

                    LAW RELATING THERETO (PART D); INTENTIONALLY OMITTED (PART E); TO AMEND

                    THE STATE FINANCE LAW, IN RELATION TO THE ARTS CAPITAL GRANTS FUND

                    (PART F); TO UTILIZE RESERVES IN THE MORTGAGE INSURANCE FUND FOR VARIOUS

                    HOUSING PURPOSES AND FOR MUNICIPAL RELIEF TO THE CITY OF ALBANY (PART

                    G); TO AMEND THE SOCIAL SERVICES LAW, IN RELATION TO THE INITIAL PERIOD

                    OF LICENSURE OR REGISTRATION AND REQUIRED INSPECTIONS, BACKGROUND

                    CLEARANCES AND TRAINING FOR CHILD CARE PROVIDERS; AND TO REPEAL CERTAIN

                    PROVISIONS OF SUCH LAW RELATING THERETO (PART H); TO AMEND THE SOCIAL

                    SERVICES LAW, IN RELATION TO FEDERALLY-REQUIRED BACKGROUND CLEARANCES

                    FOR PERSONS WORKING IN RESIDENTIAL FOSTER CARE PROGRAMS (PART I); TO

                    AMEND THE SOCIAL SERVICES LAW, IN RELATION TO RESIDENTIAL PROGRAMS FOR

                    DOMESTIC VIOLENCE VICTIMS; AND REPEALING CERTAIN PROVISIONS OF SUCH

                    LAW RELATING THERETO (PART J); TO AMEND THE FAMILY COURT ACT, THE SOCIAL

                                         126



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    SERVICES LAW AND THE EXECUTIVE LAW, IN RELATION TO PERSONS IN NEED OF

                    SUPERVISION; AND TO REPEAL CERTAIN PROVISIONS OF THE FAMILY COURT ACT.

                    RELATING THERETO (PART K); TO AMEND THE SOCIAL SERVICES LAW, IN RELATION

                    TO INCREASING THE STANDARDS OF MONTHLY NEED FOR AGED, BLIND AND

                    DISABLED PERSONS LIVING IN THE COMMUNITY (PART L); TO AMEND PART W OF

                    CHAPTER 54 OF THE LAWS OF 2016, AMENDING THE SOCIAL SERVICES LAW

                    RELATING TO THE POWERS AND DUTIES OF THE COMMISSIONER OF SOCIAL

                    SERVICES RELATING TO THE APPOINTMENT OF A TEMPORARY OPERATOR, IN

                    RELATION TO THE EFFECTIVENESS THEREOF (PART M); INTENTIONALLY OMITTED

                    (PART N); INTENTIONALLY OMITTED (PART O); INTENTIONALLY OMITTED (PART P);

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

                    INTENTIONALLY OMITTED (PART S); TO AMEND THE EXECUTIVE LAW, IN RELATION

                    TO PREVENTING DISCRIMINATION BASED ON LAWFUL SOURCE OF INCOME IN

                    HOUSING (PART T); INTENTIONALLY OMITTED (PART U); INTENTIONALLY OMITTED

                    (PART V); INTENTIONALLY OMITTED (PART W); INTENTIONALLY OMITTED (PART

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

                    AMEND THE ELECTION LAW, THE EXECUTIVE LAW, THE STATE FINANCE LAW,

                    THE LABOR LAW, THE VEHICLE AND TRAFFIC LAW, THE ENVIRONMENTAL

                    CONSERVATION LAW, THE PUBLIC HEALTH LAW, THE GENERAL MUNICIPAL

                    LAW, THE MILITARY LAW, THE DOMESTIC RELATIONS LAW, THE EDUCATION

                    LAW, THE MENTAL HYGIENE LAW, THE ELDER LAW, THE SOCIAL SERVICES

                    LAW, THE NOT-FOR-PROFIT CORPORATION LAW, THE REAL PROPERTY TAX LAW,

                    THE NEW YORK STATE DEFENSE EMERGENCY ACT, THE ADMINISTRATIVE CODE

                    OF THE CITY OF NEW YORK, AND THE NEW YORK CITY CHARTER, IN RELATION

                    TO CHANGING THE NAME OF THE NEW YORK STATE DIVISION OF VETERANS'

                                         127



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    AFFAIRS TO THE NEW YORK STATE DIVISION OF VETERANS' SERVICES; AND TO

                    AMEND THE EXECUTIVE LAW, IN RELATION TO CHANGING THE NAME OF THE

                    VETERANS' AFFAIRS COMMISSION TO THE VETERANS' SERVICES COMMISSION

                    (PART AA); TO AMEND THE EDUCATION LAW, IN RELATION TO THE FOSTER

                    YOUTH COLLEGE SUCCESS INITIATIVE ELIGIBILITY REQUIREMENTS (PART BB); TO

                    AMEND THE EDUCATION LAW, IN RELATION TO AUTHORIZING THE SETTING OF A

                    REDUCED RATE OF TUITION AT THE STATE UNIVERSITY OF NEW YORK, THE CITY

                    UNIVERSITY OF NEW YORK AND COMMUNITY COLLEGES FOR CERTAIN STUDENTS

                    PARTICIPATING IN DUAL OR CONCURRENT ENROLLMENT PROGRAMS (PART CC); TO

                    AMEND THE CIVIL SERVICE LAW, IN RELATION TO PROVIDING THAT PUBLIC

                    EMPLOYERS, EMPLOYEE ORGANIZATIONS, THE STATE COMPTROLLER AND THE

                    PUBLIC EMPLOYMENT RELATIONS BOARD SHALL NOT BE LIABLE FOR AND SHALL

                    HAVE A COMPLETE DEFENSE TO CERTAIN CLAIMS RELATING TO AGENCY SHOP FEE

                    DEDUCTIONS (PART DD); AND AUTHORIZING THE STATE UNIVERSITY OF NEW

                    YORK AT ALBANY TO LEASE OR CONTRACT WITH CERTAIN TENANTS FOR THE USE OF

                    SPACE IN THE EMERGING TECHNOLOGY AND ENTREPRENEURSHIP COMPLEX

                    (PART EE)

                                 ACTING SPEAKER AUBRY:  AN EXPLANATION IS

                    REQUESTED, MS. WEINSTEIN.

                                 MS. WEINSTEIN:  YES, MR. SPEAKER.  THIS BILL

                    WOULD ENACT INTO LAW MAJOR COMPONENTS OF LEGISLATION THAT ARE

                    NECESSARY TO IMPLEMENT THE STATE FISCAL YEAR 2019-'20 BUDGET AS IT

                    PERTAINS TO EDUCATION, LABOR AND FAMILY ASSISTANCE BUDGET, OFTEN

                    REFERRED TO AS ELFA.  AMONGST ITS PROVISIONS ARE THE -- I JUST WANT TO

                    HIGHLIGHT A COUPLE OF THE PROVISIONS WITHIN THIS BILL.  WE MAKE

                                         128



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    AMENDMENTS TO THE JOSEPH [SIC] R. PERALTA NEW YORK STATE DREAM

                    ACT.  WE REAUTHORIZE THE -- WE -- THE CHILDCARE -- WE MADE CHANGES TO

                    THE CHILDCARE DEVELOPMENT BLOCK GRANT REAUTHORIZATION OF 2014.  WE

                    ADDRESS ISSUES RELATING TO PERSONS IN NEED OF SUPERVISION - COMMONLY

                    REFERRED TO AS PINS - AND WE MAKE SOME CHANGES AS RELATES TO THE

                    JANUS ACT -- JANUS SUPREME COURT CASE ARE ENACTED WITHIN THIS BUDGET.

                    AND THEN I'D BE HAPPY TO RESPOND TO QUESTIONS REGARDING SPECIFIC

                    POINTS THAT WE ADDRESS IN THE BUDGET.

                                 ACTING SPEAKER AUBRY:  MR. BARCLAY.

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

                    THE CHAIRWOMAN YIELD?

                                 MS. WEINSTEIN:  YES.

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN

                    YIELDS.

                                 MR. BARCLAY:  YOU'LL BE HAPPY TO HEAR,

                    CHAIRWOMAN, THAT I ONLY HAVE TWO QUESTIONS --

                                 MS. WEINSTEIN:  OKAY.

                                 MR. BARCLAY:  -- SO, BOTH VERY BRIEF.  SCHOOL BUS

                    CAMERAS.  WE PASSED LEGISLATION, I THINK IT WAS JUST LAST WEEK ON THAT.  I

                    NOTICE THAT IT HAS BEEN INTENTIONALLY OMITTED --

                                 MS. WEINSTEIN:  CORRECT.

                                 MR. BARCLAY:  -- IS THAT --

                                 MS. WEINSTEIN:  AND --

                                 MR. BARCLAY:  WHY?

                                 MS. WEINSTEIN:  WELL, BECAUSE WE PASSED THE

                                         129



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    LEGISLATION.

                                 MR. BARCLAY:  BUT IS -- HAS IT PASSED THE SENATE

                    AND THE GOVERNOR HASN'T SIGNED IT?

                                 MS. WEINSTEIN:  SO, WE HAVE NOT BEEN ABLE TO

                    COME TO AN AGREEMENT WITH THE GOVERNOR ON SCHOOL BUS CAMERAS.

                                 MR. BARCLAY:  HAS THE SENATE PASSED IT?

                                 MS. WEINSTEIN:  I -- I --

                                 MR. BARCLAY:  YOU KNOW, WE'VE GOT SO MUCH --

                                 MS. WEINSTEIN:  I REALLY -- WE -- WE REALLY DON'T...

                    KNOW THE ANSWER.  WE DON'T THINK SO --

                                 MR. BARCLAY:  OKAY.

                                 MS. WEINSTEIN:  WE'VE BEEN A LITTLE BUSY.

                                 MR. BARCLAY:  UNDERSTOOD.  THERE'S A TRANSFER OUT

                    OF THE MORTGAGE INSURANCE FUND, AND IT -- IT'S IN THE AMOUNT OF $5

                    MILLION FOR THE CITY OF ALBANY.  AND I SEEM TO RECALL --

                                 (PAUSE)

                                 MS. WEINSTEIN:  YES.

                                 MR. BARCLAY:  AND WE'VE DONE ANOTHER YEAR'S --

                    WHY ALBANY VERSUS ANY OTHER UPSTATE CITY?

                                 MS. WEINSTEIN:  SO, THEY HAVE A SHORTFALL.  WE

                    HAVE ALL OF -- WE HAVE ALL OF THE STATE-OWNED LANDS HERE THAT THEY DO

                    NOT RECEIVE PROPERTY TAXES ON.

                                 MR. BARCLAY:  OKAY.  ALTHOUGH THEY HAVE STATE

                    GOVERNMENT HERE AND THEY RECEIVE A LOT OF BENEFITS FOR STATE

                    GOVERNMENT BEING HERE.  THERE'S A LOT OF OTHER NOT-FOR-PROFITS IN OTHER

                                         130



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    UPSTATE CITIES THAT SUFFER SIMILAR CHALLENGES.  BUT, I'LL ACCEPT THAT AS AN

                    EXPLANATION.  THANK YOU, CHAIRWOMAN.

                                 THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU, MR.

                    BARCLAY.

                                 MR. RA.

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

                    YIELD?

                                 MS. WEINSTEIN:  YES.  SURE.

                                 MR. RA:  THANK YOU.  JUST REALLY ONE MAIN QUESTION.

                    SINCE THIS IS THE ELFA BILL, WHERE'S THE EDUCATION?  THERE SEEMS TO BE

                    A LOT OF STUFF OMITTED, OR WHERE ARE WE GOING TO SEE SOME OF THOSE --

                                 MS. WEINSTEIN:  WE WILL SEE MUCH OF -- MUCH OF

                    THAT, WHICH TOOK A LOT OF TIME TO FINALLY COME TO AGREEMENT, IN OUR

                    REVENUE BILL LATER TODAY, THIS EVENING.

                                 MR. RA:  OKAY.  THANK YOU.

                                 MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. RA:  QUICKLY, BECAUSE I DON'T WANT TO BELABOR

                    THIS POINT, BUT WE HAVE -- THIS HAS BECOME COMMONPLACE THE LAST FEW

                    YEARS THAT WE DO ELFA WITHOUT THE EDUCATION IN IT.  AND IT -- LIKE

                    POINTS THAT WERE RAISED ON THE PREVIOUS BILL, WE CONTINUE TO SIT HERE AND

                    DEBATE AND HAVE TO VOTE ON BILLS WITHOUT A COMPLETE PICTURE OF WHAT

                    OUR ENTIRE BUDGET IS AND -- AND WHAT'S GOING ON WITH IT.  SO, JUST

                    BECAUSE IT'S BECOME SOMETHING WE'VE DONE IN THE PAST, JUST BECAUSE IT'S

                                         131



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    -- IT'S SOMETHING THAT MAKES IT A LITTLE EASIER, REALLY ISN'T A REASON TO

                    CONTINUE TO DO THINGS IN -- IN THIS MANNER.  SO, MAYBE WE SHOULD, YOU

                    KNOW, WHEN TALKING ABOUT THIS PROCESS, YOU KNOW, IT'S GREAT THAT THE

                    LAST BILL AND THIS BILL AND THE NEXT BILL WERE -- WERE IN BY THURSDAY

                    EVENING AND HAVE HAD THE CHANCE TO AGE, EVERY SINGLE BILL OF A

                    $170-PLUS BILLION BUDGET SHOULD SEE THE LIGHT OF DAY.  THE PUBLIC

                    SHOULD HAVE THE OPPORTUNITY TO SEE THEM.  YOU KNOW, WE JUST HAD A --

                    THE REVENUE BILL JUST CAME OUT ON -- ON A SUNDAY AFTERNOON.  IT -- IT

                    REALLY IS -- IT'S NOT AN EXCUSE TO -- TO DO GOVERNMENT THIS WAY.  IT'S -- IT'S

                    JUST NOT RIGHT FOR -- FOR ANY OF OUR CONSTITUENTS.  AND I REALLY DON'T HAVE

                    MUCH MORE TO SAY THAN THAT.

                                 THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MS. WALSH.

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

                    SPONSOR YIELD?

                                 MS. WEINSTEIN:  YES.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MS. WALSH:  GOOD -- GOOD AFTERNOON, MS.

                    WEINSTEIN.

                                 MS. WEINSTEIN:  YES.

                                 MS. WALSH:  I HAVE A FEW QUESTIONS ABOUT THE PINS

                    PROVISIONS, THE REFORM -- PERSONS IN NEED OF SUPERVISION PROVISIONS.

                                 MS. WEINSTEIN:  CORRECT.

                                 MS. WALSH:  OKAY.  WHICH IS TITLE XII.  SO, THIS --

                                         132



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    THIS SECTION TALKS ABOUT TO THE EXTENT THAT FUNDS ARE AVAILABLE, FUNDING

                    FOR THIS PROGRAM WILL BE GIVEN TO THE HIGHEST-NEED MUNICIPALITY, WHICH

                    SHALL MEAN A COUNTY OR A CITY WITH A POPULATION OF ONE MILLION OR MORE.

                                 MS. WEINSTEIN:  SO, THIS IS -- I THINK YOU'RE

                    REFERRING TO FAMILY SUPPORT --

                                 MS. WALSH:  YES.

                                 MS. WEINSTEIN:  -- SYSTEMS.  SO, THIS WOULD BE IN

                    ADDITION TO -- PRE -- PRE-DETENTION AND POST -- OH, IN -- I'M SORRY, IN

                    ADDITION TO OTHER DIVERSION SERVICES THAT MAY ALREADY EXIST.

                                 MS. WALSH:  RIGHT.  AND I'M REALLY FAMILIAR FROM

                    WORKING AT FAMILY COURT ABOUT THE PINS PROCESS AND THE -- AND THE

                    SYSTEM.  THE -- THE PROGRAM THAT THIS BILL ENCOMPASSES WOULD PROVIDE

                    RAPID FAMILY ASSESSMENTS AND SCREENINGS, CRISIS INTERVENTION, FAMILY

                    MEDIATION AND SKILLS BUILDING, MENTAL AND BEHAVIORAL HEALTH SERVICES,

                    INCLUDING COGNITIVE INTERVENTIONS, CASE MANAGEMENT, RESPITE SERVICES,

                    EDUCATION ADVOCACY AND OTHER FAMILY SUPPORT SERVICES.  AND I THINK ALL

                    OF THOSE SOUND GREAT.  AND MY QUESTION IS, WHY ARE WE LIMITING THOSE

                    WONDERFUL SERVICES TO ONLY AREAS WITH ONE MILLION OR MORE IN

                    POPULATION?  WHICH WOULD OMIT MANY DIFFERENT AREAS OF OUR STATE THAT

                    WOULD REALLY BENEFIT FROM THESE SERVICES.

                                 MS. WEINSTEIN:  ANY COUNTY OR LOCALITY CAN -- CAN

                    OPT INTO IT.  IT'S NOT LIMITED JUST TO THE OVER A MILLION.

                                 MS. WALSH:  OH, OKAY.  I WAS LOOKING AT SECTION

                    458-N THAT SEEMED TO -- SEEMED TO LIMIT IT TO A POPULATION OF ONE

                    MILLION OR MORE.  SO, COULD YOU JUST CLARIFY?  THERE IS AN OPT-IN?

                                         133



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MS. WEINSTEIN:  YES.  YOU KNOW -- SO, LET ME JUST

                    AMPLIFY WHAT I'M SAYING, IS THAT MULTIPLE COUNTIES CAN JOIN TOGETHER TO

                    -- TO PROVIDE THESE SERVICES AND THEN HAVE ONE SITE JUST SO THAT IT DOESN'T

                    BECOME BURDENSOME ON ANY INDIVIDUAL SMALLER COUNTY.

                                 MS. WALSH:  SO, IN OTHER WORDS, MULTIPLE

                    COMMUNITIES COULD AGGREGATE THEIR POPULATION --

                                 MS. WEINSTEIN:  CORRECT.

                                 MS. WALSH:  -- AND THEN PROVIDE THOSE SERVICES ON

                    A SHARED BASIS?

                                 MS. WEINSTEIN:  YES.

                                 MS. WALSH:  GREAT.  THANK YOU VERY MUCH --

                                 MS. WEINSTEIN:  SURE.

                                 MS. WALSH:  -- FOR THE CLARIFICATION.

                                 ACTING SPEAKER AUBRY:  MR. SMITH.

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

                    CHAIRWOMAN YIELD?

                                 MS. WEINSTEIN:  YES.

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN

                    YIELDS.

                                 MR. SMITH:  THANK YOU VERY MUCH.  IN 2019 IT WAS

                    ESTIMATED THAT NEW YORK IS HOME TO 2.2 MILLION STUDENT LOAN

                    BORROWERS.  THESE BORROWERS HOLD A CUMULATIVE STUDENT LOAN DEBT OF

                    $73-AND-A-HALF BILLION, THE THIRD HIGHEST IN ANY STATE IN THE NATION.  HAS

                    ANYTHING BEEN DONE IN THE BUDGET PROPOSAL TO ADDRESS THE GROWING

                    STUDENT DEBT CRISIS?

                                         134



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 (PAUSE)

                                 MS. WEINSTEIN:  RIGHT.  WELL, NOT --WELL, FIRST OF

                    ALL, JUST -- AS YOU KNOW, WE HAVE A LOT OF PROGRAMS IN OUR STATE TO ASSIST

                    STUDENTS, SO -- FINANCIALLY SO THAT THEY'RE NOT PUT IN THE POSITION OF

                    HAVING TO HAVE STUDENT LOANS.  BUT WE DO HAVE BASICALLY A COUNSELING

                    PROGRAM THAT'S AVAILABLE FOR STUDENTS THAT WE JUST ADDED -- THAT WAS

                    RECENTLY ADDED TO THE -- THE BUDGET TO ASSIST STUDENTS IN JUST MAKING

                    THOSE DECISIONS.

                                 MR. SMITH:  OKAY.  AND DOES THE BILL DO ANYTHING

                    WITH THE MAXIMUM OR MINIMUM AWARDS UNDER THE TAP PROGRAM?  OR

                    DO WE ANTICIPATE ANY INCREASE IN THE TAP AWARDS?

                                 MS. WEINSTEIN:  NO, WE DO NOT.

                                 MR. SMITH:  OKAY.  ALL RIGHT.  THANK YOU.

                                 MY LAST QUESTION:  HAS THE GOVERNOR SIGNED THE

                    ORIGINAL DREAM ACT BILL THAT WE DEBATED INTO LAW YET?

                                 MS. WEINSTEIN:  NO.

                                 MR. SMITH:  OKAY.

                                 MS. WEINSTEIN:  WE ANTICIPATE THAT BILL WILL -- WILL

                    BE REPLACED BY WHAT WE HAVE HERE.

                                 MR. SMITH:  ALL RIGHT.  ALL RIGHT.  THANK YOU SO

                    MUCH.

                                 ON THE BILL, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. SMITH:  ALL RIGHT.  THANK YOU.  SO, I FIND IT

                    VERY INTERESTING IN THIS DEBATE, UNDER THIS BILL WE'RE REPEALING AND

                                         135



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    REPLACING THE DREAM ACT THAT HAS NOT YET BEEN SIGNED INTO LAW.  SO, I

                    FIND IT INTERESTING, ONLY -- ONLY IN ALBANY CAN WE REPEAL PROSPECTIVELY

                    SOMETHING THAT ACTUALLY IS NOT THE LAW.  AND UNDER THIS -- UNDER THIS

                    PROVISION, I'M VERY HAPPY TO SEE -- DURING OUR PREVIOUS DEBATE IN

                    JANUARY, ONE OF THE ISSUES THAT I RAISED WAS THAT STUDENTS ON VISAS,

                    FOREIGN STUDENTS ON VISAS STUDYING IN THE STATE OF NEW YORK COULD

                    POTENTIALLY BE ELIGIBLE FOR THE TAP AWARDS AND TUITION ASSISTANCE.  I'M

                    HAPPY TO SEE THAT THIS VERSION DOES AMEND THAT AND CHANGE THAT AND

                    REMOVE THAT BECAUSE THAT DIDN'T MAKE A LOT OF SENSE.  BUT I'M NOT REALLY

                    THRILLED, AND THE PEOPLE I REPRESENT ARE NOT HAPPY THAT THERE'S STILL NO

                    ADDITIONAL TIME THAT SOMEONE MUST RESIDE IN THE STATE OF NEW YORK IN

                    ORDER TO BE ELIGIBLE.  SO, UNDER -- UNDER THE CURRENT WAY THAT THE

                    DREAM ACT IS -- IS SET UP, SOMEONE COULD LIVE IN THE STATE FOR AS FEW

                    AS 30 DAYS, AND IF THEY CAN PASS THE GED EXAM, THEY COULD BE ELIGIBLE

                    FOR STATE FINANCIAL ASSISTANCE.  ALSO, WHEN WE TALK ABOUT INDIVIDUALS

                    WHO ARE DREAMERS, THERE'S STILL NOTHING IN THE NEW REVISED VERSION OF

                    THE DREAM ACT THAT WOULD SET AN AGE CAP AT 21 OR ANYTHING, OR ANY

                    REQUIREMENT THAT SOMEONE LIVE IN THE STATE OF NEW YORK FOR, SAY, 15

                    YEARS OR TEN YEARS OR FIVE YEARS TO MAKE SURE THAT THOSE ARE TRULY THE

                    PEOPLE THAT WE'RE TRYING TO HELP.  UNDER THIS BILL, YOU KNOW, YOU COULD

                    HAVE A 45-YEAR-OLD MAN WHO COMES TO THE STATE OF NEW YORK, ENTERS

                    THE COUNTRY ILLEGALLY, AND IF THEY COULD PASS THE GED EXAM AFTER 30

                    DAYS, THEY COULD BE ELIGIBLE FOR FINANCIAL ASSISTANCE PAID FOR BY NEW

                    YORK STATE TAXPAYERS.  SO THAT'S SOMETHING THAT'S STILL, I THINK, A

                    CONCERN ON THIS BILL.  AND CONSIDERING THE FACT THAT IT REPEALS AND

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    REPLACES PARTS OF THE DREAM ACT, I WISH THIS COULD BE SENT BACK TO

                    THE HIGHER EDUCATION COMMITTEE AND GONE BACK TO THE PROCESS,

                    BECAUSE WE HAVEN'T -- THAT BILL HAS NOT BEEN ENACTED INTO LAW.  SO, TO

                    REPEAL AND REPLACE SOMETHING THAT'S NOT THE LAW DOESN'T MAKE A WHOLE

                    LOT OF SENSE TO ME.

                                 SO, THANK YOU VERY MUCH.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. WALCZYK.

                                 MR. WALCZYK:  THANK YOU, MR. SPEAKER.  IF THE

                    SPONSOR WOULD YIELD?

                                 MS. WEINSTEIN:  YES.

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN

                    YIELDS.

                                 MR. WALCZYK:  TO -- TO SORT OF PIGGYBACK ON A

                    COUPLE OF MS. WALSH'S QUESTIONS ABOUT PINS, I WAS WONDERING IF YOU

                    -- WHEN -- WHEN THAT PIECE OF THIS BILL WAS WRITTEN, DID YOU HAVE A

                    CERTAIN GEOGRAPHICAL AREA IN MIND IN NEW YORK STATE?

                                 MS. WEINSTEIN:  IT -- IT CAN BE DONE ACROSS THE

                    STATE, AS -- AS I MENTIONED TO ASSEMBLYWOMAN WALSH.

                                 MR. WALCZYK:  YEAH, THANK YOU, AS -- AS -- I

                    APPRECIATE THAT.  AND AS I READ IT, IT'S TWO OR MORE ELIGIBLE

                    MUNICIPALITIES WITHIN A CLOSE GEOGRAPHIC PROXIMITY TO EACH OTHER.  I -- I

                    WAS WONDERING, THE TWO COUNTIES THAT I REPRESENT, ST. LAWRENCE AND

                    JEFFERSON COUNTY, WHICH ARE -- ARE PRETTY LARGE, DO YOU HAVE AN IDEA OF

                    THE POPULATION OF EITHER ONE OF THOSE COUNTIES?

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MS. WEINSTEIN:  RIGHT.  SO, WITHOUT KNOWING THE

                    POPULATION, MAYBE JUST TO CLARIFY.  THE COUNTIES CAN COMBINE -- IF THEY

                    DON'T HAVE THE RESOURCES, THEY'RE -- THEY'RE ALLOWED TO COMBINE TO

                    DEVELOP THE PROGRAM.  BUT EACH COUNTY CAN DEVELOP THE PROGRAM

                    INDEPENDENTLY IF THEY WISH TO.

                                 MR. WALCZYK:  I -- I APPRECIATE THAT, MADAM

                    CHAIRWOMAN, AND -- AND THANK YOU FOR THE TIME.  TO -- 114,000 IN

                    JEFFERSON COUNTY AND 112,000 IN ST. LAWRENCE COUNTY.  AND -- AND IF

                    YOU'RE AT ONE END OF ST. LAWRENCE COUNTY AND THE OTHER END OF

                    JEFFERSON COUNTY, THESE ARE TWO COUNTIES THAT ARE ADJACENT, YOU

                    WOULDN'T CONSIDER YOURSELVES IN CLOSE PROXIMITY.  BUT I THINK YOU

                    WOULD FIND THAT NORTH OF THE THRUWAY, YOU'D PROBABLY HAVE TO COMBINE

                    TEN COUNTIES IN ORDER TO REACH THE POPULATION REQUIREMENTS.

                                 MS. WEINSTEIN:  YOU KNOW, SO, THEY -- THEY CAN

                    EACH HAVE THEIR -- YOU KNOW, THEY -- THEY CAN DEVELOP THEIR -- THEIR OWN

                    PROGRAM.  I THINK THE CONFUSION RELATES TO THAT NEW YORK CITY ISN'T

                    DESIGNATED AS NEW YORK CITY, IT'S JUST ON THE -- WHEN WE TALK ABOUT A

                    CITY OF A POPULATION OF ONE MILLION OR MORE, WE'RE REALLY JUST TALKING

                    ABOUT NEW YORK CITY.

                                 MR. WALCZYK:  OKAY --

                                 MS. WEINSTEIN:  PERHAPS THAT'S SOME OF THE

                    CONFUSION.

                                 MR. WALCZYK:  WELL, I -- I APPRECIATE THAT AND I'LL

                    -- I'LL MOVE ON TO ANOTHER QUESTION, IF YOU'LL CONTINUE TO YIELD.

                                 MS. WEINSTEIN:  SURE.

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MR. WALCZYK:  SO, IF -- IF COUNTIES DON'T OPT IN OR

                    THEY'RE NOT ABLE TO CREATE THEIR OWN PROGRAM, WILL THIS TAKE A -- TAKE A

                    TOOL AWAY FROM THE FAMILY COURT JUDGES WHO MAY HAVE USED DETENTION

                    IN THE PAST AS AN OPTION?

                                 MS. WEINSTEIN:  IT -- IT WON'T TAKE SOMETHING AWAY

                    BECAUSE IT'S NOT SOMETHING THAT EXISTS TODAY.  IT'S AN ADDITIONAL TOOL FOR

                    THE FAMILY COURT TO HAVE.

                                 MR. WALCZYK:  SO, EXACTLY WHAT -- WHAT ARE THE --

                    WHAT ARE THE OPTIONS FOR, LET'S SAY, A STUDENT IN A HIGH SCHOOL THAT'S

                    REFERRED TO THE -- TO THE SYSTEM?  OR, YOU KNOW, A CHILD OF -- OF A SINGLE

                    PARENT WHO IS UNRULY AND IS -- IS IN THAT AREA WHERE THEY'RE IN NEED -- IN

                    NEED OF PINS.  WILL THEY HAVE THE OPPORTUNITY TO REFER TO DETENTION?

                                 MS. WEINSTEIN:  RIGHT -- RIGHT NOW THERE ARE A

                    HOST OF -- OF DIVERSION SERVICES THAT CAN BE PRE-PETITIONED,

                    POST-PETITIONED THAT EXIST THROUGHOUT OUR STATE.

                                 MR. WALCZYK:  BUT DETENTION IS NOT ONE OF THOSE

                    OPTIONS?

                                 MS. WEINSTEIN:  ONCE A PETITION IS FILED, THEY CAN

                    BE -- THEY CAN, IN FACT, BE DETAINED.  YES.

                                 MR. WALCZYK:  OKAY.  THANK YOU.  I APPRECIATE

                    THAT.

                                 MS. WEINSTEIN:  SURE.

                                 MR. WALCZYK:  AND IF YOU'D CONTINUE TO YIELD, I

                    ALSO HAVE A -- A QUESTION ABOUT THE -- HOW -- HOW MUCH MONEY IS GOING

                    TO BE NECESSARY TO BRING NEW YORK STATE INTO FULL COMPLIANCE WITH THE

                                         139



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    CHILDCARE DEVELOPMENT BLOCK GRANT MOVING FORWARD?

                                 MS. WEINSTEIN:  RIGHT.  SO, WE PROVIDE $80- --

                    $80 MILLION HERE.  BUT FULL COMPLIANCE WE BELIEVE WOULD BE CLOSE TO

                    $500 MILLION.

                                 MR. WALCZYK:  OKAY.  I'M -- I'M SORRY, I DIDN'T -- I

                    DIDN'T HEAR THAT.  COULD YOU SAY THAT FIGURE AGAIN?

                                 MS. WEINSTEIN:  WE PROVIDE EIGHT -- WE PROVIDE

                    $80 MILLION TO MEET THE FEDERALLY-REQUIRED HEALTH AND SAFETY MANDATES.

                    AND I CAN GO THROUGH THE LIST OF WHAT WE'RE DOING, BACKGROUND CHECKS

                    BEING THE --THE MAIN ONE.  BUT WE ESTIMATE THAT IT -- IT WOULD TAKE ABOUT

                    $500 MILLION TO FULLY -- TO HAVE -- TO FULLY COMPLY THROUGHOUT THE STATE.

                                 MR. WALCZYK:  THANK YOU.  DO WE HAVE ANY --

                    ANY INFORMATION FROM OCFS HOW MUCH ADDITIONAL STAFF THAT WOULD --

                    THEY WOULD REQUIRE, AND IS THERE AN APPROPRIATION THAT WOULD MATCH

                    THAT REQUIREMENT?

                                 MS. WEINSTEIN:  WHICH -- FOR WHICH PORTION --

                                 MR. WALCZYK:  IN ORDER TO DO THE ACTUAL

                    INSPECTIONS.

                                 MS. WEINSTEIN:  FOR ALL OF THE -- JUST FOR THE -- FOR

                    THE INSPECTIONS PIECE?  BECAUSE MOST OF THE... WELL, I MEAN, WE HAVE

                    $31 MILLION THAT WE HAVE FOR INSPECTIONS.  BUT I DON'T KNOW WHAT --

                    WHAT PORTION OF, YOU KNOW, WHAT THAT MEANS IN TERMS OF STAFFING.

                                 MR. WALCZYK:  OKAY.  I -- I SEE THERE'S ALSO A -- A

                    REQUIREMENT AND THIS IS TO COME INTO -- TO COMPLIANCE WITH THE FEDERAL

                    REGULATIONS THAT HEALTH CARE -- OR THAT CHILD CARE PROVIDERS WILL NOW BE

                                         140



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    LICENSING EVERY TWO YEARS, WHERE THEY WERE LICENSING EVERY FOUR.  MY

                    QUESTION IS ABOUT THE CORRESPONDING FEE FOR THAT LICENSE, BECAUSE --

                                 MS. WEINSTEIN:  RIGHT, NO --

                                 MR. WALCZYK:  -- BECAUSE WE'RE NOW --

                                 MS. WEINSTEIN:  -- I THINK IT -- IT MAY BE THE

                    OPPOSITE OF WHAT YOU'RE SAYING.  IT'S TWO NOW, IT'S GOING TO GO TO FOUR.

                    SO IT'S GOING TO BE EXPANDED.  THE -- THE TIMEFRAME IS GOING TO BE

                    EXPANDED FOR THE --

                                 MR. WALCZYK:  THAT'S -- THAT'S NOT MY -- MY

                    UNDERSTANDING IS THAT IT -- IT'S CURRENTLY AT EVERY FOUR YEARS AND IT WILL

                    BE REDUCED TO TWO.

                                 MS. WEINSTEIN:  NO.

                                 MR. WALCZYK:  OKAY.  I APPRECIATE THE

                    CLARIFICATION THERE.

                                 MS. WEINSTEIN:  IT'S GOING -- IT'S GOING TO FOUR

                    YEARS.

                                 MR. WALCZYK:  SO, WILL THE -- WILL THE LICENSE FEE

                    FOR OUR CHILDCARE PROVIDERS BE DOUBLING, OR WILL IT -- WILL IT MAINTAIN --

                    DO WE...

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

                    CHANGE THE LICENSE FEE.

                                 MR. WALCZYK:  AND A -- A FINAL QUESTION.  WHAT --

                    WHAT ARE WE DOING TO HELP WITH THE COSTS OF THOSE CHILDCARE PROVIDERS?

                    IN MY DISTRICT, THIS HAS COME UP TIME AND TIME AGAIN.  I VIEW IT AS ONE

                    OF THOSE BRIDGES OUT OF POVERTY FOR A LOT OF FAMILIES IN THE NORTH

                                         141



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    COUNTRY AND ACROSS THE STATE.  WHAT ARE WE DOING IN THIS -- IN THIS

                    BUDGET TO ASSIST CHILDCARE PROVIDERS AND BRING THAT COST DOWN FOR

                    FAMILIES IN NEW YORK?

                                 MS. WEINSTEIN:  SO, WE DO -- WE -- WE DO HAVE

                    $10 MILLION FOR ADDITIONAL CHILDCARE SLOTS.  YOU KNOW, THE $80 MILLION

                    THAT I MENTIONED IS FOR BACKGROUND CHECKS FOR INFANT CARE QUALITY

                    EFFORTS, INSPECTION, TRAINING PROGRAMS, STAFFING SYSTEM CHANGES.  WE DO

                    HAVE $8.7 MILLION FOR CHILDCARE SUBSIDIES FOR PEOPLE AT THE 69TH

                    PERCENTILE.

                                 MR. WALCZYK:  I'M SORRY, MADAM CHAIR, DID YOU

                    SAY $8.7 MILLION FOR CHILDCARE SUBSIDIES?

                                 MS. WEINSTEIN:  EIGHT -- $8.7 MILLION FOR

                    CHILDCARE SUBSIDIES FOR THE FAMILIES.  YOU KNOW, TO DEAL WITH FAMILIES

                    WHO ARE CARED FOR WHO ARE AT THE 69TH PERCENTILE OF POVERTY.

                                 MR. WALCZYK:  THANK YOU, CHAIR.  I APPRECIATE IT.

                                 MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. WALCZYK:  SO, IN -- IN POOR AND RURAL UPSTATE

                    AREAS, I -- I VIEW CHILDCARE AS ONE OF THOSE THINGS THAT IS A BRIDGE OUT OF

                    POVERTY.  IT IS LITERALLY ONE OF THOSE CHANCES THAT CONSTITUENTS HAVE, THAT

                    SMALL FAMILIES HAVE TO -- TO GET THEMSELVES OUT OF POVERTY.  BY

                    SUPPORTING THIS, WE CAN HELP GET THEM THERE.  BUT THIS BUDGET DOES NOT

                    GO FAR ENOUGH.  WHEN WE HAVE A $15 MINIMUM WAGE THAT'S PRESSURING

                    DOWN ON THEM, ADDITIONAL STAFF TRAINING TIME THAT THEY'LL HAVE TO -- HAVE

                    TO GET IN LINE WITH.  ONLY AN $8.7 MILLION RESTORATION IN CHILDCARE

                                         142



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    SUBSIDY, WHICH ISN'T BACK TO THE 2016 LEVEL.  A REQUEST FOR $2 MILLION

                    FOR INFANT AND TODDLER CARE THAT'S -- LOOKS LIKE IT'S GOING TO BE FUNDED AT

                    A LESSER LEVEL THAN THAT.  THE AVERAGE FAMILY IN NEW YORK STATE RIGHT

                    NOW SPENDS $16,000 A YEAR ON CHILDCARE, AND WE DEFINITELY NEED TO DO

                    MORE.  THIS BILL -- THIS BUDGET DOES NOT GO FAR ENOUGH.  AND I THANK

                    YOU FOR YOUR TIME.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. MONTESANO.

                                 MR. MONTESANO:  THANK YOU, MR. SPEAKER.  WILL

                    THE CHAIRWOMAN YIELD, PLEASE?

                                 MS. WEINSTEIN:  YES, BE HAPPY TO.

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN

                    YIELDS.

                                 MR. MONTESANO:  THANK YOU.  MS. WEINSTEIN,

                    JUST IN TWO DIFFERENT ISSUES I WANTED TO ASK YOU SOME QUESTIONS ABOUT.

                    THERE'S A PROVISION IN THIS BILL WHICH AUTHORIZES THE HIGHER EDUCATION

                    INSTITUTIONS TO SET REDUCED TUITION AND FEES FOR HIGH SCHOOL STUDENTS

                    TAKING COLLEGE CREDITS.  COULD YOU EXPLAIN THAT TO ME A LITTLE BIT,

                    PLEASE?

                                 MS. WEINSTEIN:  YES.  THIS IS SOMETHING THAT

                    CURRENTLY -- CURRENTLY EXISTS, PARTICULARLY WITHIN THE CUNY -- THE

                    CUNY SYSTEM, WHERE STUDENTS IN HIGH SCHOOL CAN GET CREDIT.

                    CURRENTLY, CUNY DOESN'T CHARGE TUITION.  THERE WAS SOME QUESTION

                    WHETHER THEY HAD THE -- WHETHER THERE'S THE AUTHORITY FOR CUNY AND

                    SUNY TO DO THIS, SO WE'RE JUST EXPRESSLY GIVING THEM THE AUTHORITY TO

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    DO THIS WITHOUT CHARGING TUITION.

                                 MR. MONTESANO:  BUT I KNOW NOW IN -- IN THE

                    HIGH SCHOOLS THEY HAVE THE ADVANCED PLACEMENT PROGRAM AND COURSES,

                    AND WHEN THE STUDENTS TAKE THESE COURSES AND THEY PASS THEM THEY CAN

                    GET COLLEGE CREDIT FOR THAT COURSE, BUT THAT'S TAKEN WITHIN THEIR OWN

                    SCHOOLS --

                                 MS. WEINSTEIN:  CORRECT.

                                 MR. MONTESANO:  --  AND IT'S PROVIDED BY THE

                    SCHOOL DISTRICT.  SO, HOW DOES -- HOW IS THAT --

                                 MS. WEINSTEIN:  THAT -- THAT'S WHAT THIS IS

                    INTENDED TO COVER.

                                 MR. MONTESANO:  OKAY.  SO, YOU -- SO, RIGHT NOW

                    -- WHO'S PAYING THAT EXPENSE NOW WHEN THEY'RE TAKING IT IN THEIR OWN

                    HOME SCHOOL DISTRICT?

                                 MS. WEINSTEIN:  SO, IT'S EITHER THE STUDENT

                    THEMSELVES, THE SCHOOL DISTRICT OR THE COLLEGE MAY BE PROVIDING --

                                 MR. MONTESANO:  OKAY.

                                 MS. WEINSTEIN:  -- SCHOLARSHIPS.

                                 MR. MONTESANO:  AND WHERE IS THE FUNDING

                    GOING TO COME FROM TO ABSORB THIS COST?

                                 MS. WEINSTEIN:  WELL, YOU KNOW, THIS -- IT -- IT

                    ALLOWS THE ABILITY TO CHARGE REDUCED -- REDUCED TUITION OR TO WAIVE

                    TUITION, SO IT'S AN OPTIONAL PROGRAM.  IT JUST, IN REALITY, GIVES THE ABILITY

                    OF SOME OF THAT PROGRAM THAT EXISTS TODAY TO CONTINUE.

                                 MR. MONTESANO:  BECAUSE THE ONLY REASON WHY I

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    ASK, I THINK IT'S -- IT'S GREAT THAT THE HIGH SCHOOL STUDENTS ARE ABLE TO TAKE

                    THESE COURSES AND GET A LEG UP -- HAVE SOME COLLEGE CREDITS BEFORE THEY

                    GO TO COLLEGE.  BUT THERE'S A COST ASSOCIATED WITH IT.  SO, RIGHT NOW I

                    KNOW SCHOOL DISTRICTS INCORPORATE THAT IN PART OF THEIR BUDGET.  YOU

                    KNOW, SO IF THEY'RE GOING TO ALLOW THESE COURSES TO BE GIVEN AND

                    NOBODY'S GOING TO BE ABLE TO CHARGE FOR IT, YOU KNOW, THERE IS STAFF THAT

                    TEACHES THE COURSES, THERE'S MATERIALS THAT HAVE TO BE PROVIDED.  WHO'S

                    GOING TO ABSORB THE COST?

                                 MS. WEINSTEIN:  RIGHT.  THIS DOESN'T SAY THAT YOU

                    HAVE TO --

                                 MR. MONTESANO:  OKAY.

                                 MS. WEINSTEIN:  -- WAIVE THE TUITION OR REDUCE THE

                    TUITION.  IT JUST GIVES THE AUTHORITY TO DO IT.  IF THEY CAN DO IT WITHIN THEIR

                    --- THE VARIOUS BUDGETS, THEN THEY -- THEY HAVE THE AUTHORITY TO, IN FACT,

                    DO THAT.

                                 MR. MONTESANO:  THANK YOU.  THE NEXT AREA I

                    WANT TO JUST MOVE ON TO IS HOUSING.  THERE'S A PROVISION IN THE BILL THAT

                    REMOVES CERTAIN REQUIREMENTS FOR DOMESTIC VIOLENCE VICTIMS SEEKING

                    SHELTER IN A DOMESTIC VIOLENCE SHELTER.  AND IT SAYS THAT IF THEY ENTER THE

                    SHELTER, IT -- IT CHANGES -- IT REMOVES THE REQUIREMENT THAT IF THEY ENTER A

                    SHELTER THAT THEY MUST APPLY FOR PUBLIC ASSISTANCE, AND ALSO SOMETHING

                    ABOUT ELIMINATING THE ABILITY OF SERVICE PROVIDERS TO CHARGE A FEE -- A

                    FEE FOR SERVICES PROVIDED.  COULD YOU EXPAND ON THAT A LITTLE BIT,

                    PLEASE?

                                 MS. WEINSTEIN:  SURE.  I MEAN, YOU'RE -- YOU'RE

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    CORRECT IN WHAT THE -- OBVIOUSLY, YOU'RE CORRECT, MIKE, IN WHAT THE BILL

                    DOES.  WE WERE IN VIOLATION OF FEDERAL LAW REGARDING DOMESTIC

                    VIOLENCE VICTIMS WHERE WE HAD THE REQUIREMENT THAT THEY HAD TO -- WE

                    REQUIRED THEM TO APPLY FOR PUBLIC ASSISTANCE.  SO, WE REMOVED THAT

                    REQUIREMENT.  IT'S STILL HOPED THAT SINCE THERE ARE MANY OTHER SERVICES

                    THAT YOU CAN GET IF YOU ARE ON PUBLIC ASSISTANCE BEYOND JUST THE SHELTER,

                    WE WOULD HOPE THAT DOMESTIC VIOLENCE VICTIMS WOULD, IN FACT -- GIVEN

                    THE INFORMATION WOULD, IN FACT, APPLY, AND CERTAINLY WE WANT THEM TO

                    APPLY AND BE ABLE TO GET ADDITIONAL SERVICES THAT THEY MIGHT QUALIFY.

                    BUT WE REMOVED THE REQUIREMENT BOTH FOR THE FEES AND FOR THE --

                    HAVING TO -- HAVING TO APPLY BECAUSE THE -- AS I SAID, TO AVOID THE -- TO

                    COME INTO COMPLIANCE WITH FEDERAL LAW AND TO --

                                 MR. MONTESANO:  SO, RIGHT NOW --

                                 MS. WEINSTEIN:  -- PREVENT ANY PENALTY FROM BEING

                    IMPOSED, FINANCIAL PENALTY IMPOSED UPON THE STATE.

                                 MR. MONTESANO:  SO, RIGHT NOW, IF SOMEONE

                    WHO'S A VICTIM OF DOMESTIC VIOLENCE SEEKS SHELTER, YOU KNOW,

                    EMERGENCY SHELTER ESPECIALLY, THE SHELTER PROVIDER CANNOT CHARGE THEM

                    FOR THEIR STAY THERE AND THEY DON'T -- AND THEY CAN'T REQUIRE -- I MEAN,

                    UNDER THIS BILL, I SHOULD SAY, I SHOULDN'T SAY, "CURRENTLY," -- UNDER THIS

                    BILL, THERE'S NO COST TO THE VICTIM?

                                 MS. WEINSTEIN:  RIGHT.  SO -- CORRECT.

                                 MR. MONTESANO:  OKAY.

                                 MS. WEINSTEIN:  THEY CAN'T -- THEY CAN'T CHARGE --

                    YOU KNOW, I WAS GETTING CAUGHT UP ON THE -- THE DATE --

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MR. MONTESANO:  RIGHT, THAT'S OKAY.

                                 MS. WEINSTEIN:  -- BECAUSE IT'S NOT -- THE MANDATE

                    DISAPPEARS WHEN WE PASS --

                                 MR. MONTESANO:  RIGHT.

                                 MS. WEINSTEIN:  -- THIS LEGISLATION.  BUT THERE WAS

                    AN ADMINISTRATIVE MEMO THAT WENT OUT --

                                 MR. MONTESANO:  OKAY.

                                 MS. WEINSTEIN:  --  THAT HAS THE SHELTERS CURRENTLY

                    FOLLOWING THE -- WHAT, HOPEFULLY, WE'LL BE PASSING VERY SHORTLY.

                                 MR. MONTESANO:  VERY WELL.  THANK YOU,

                    CHAIRWOMAN.

                                 THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. LALOR.

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

                    SPONSOR YIELD FOR JUST A COUPLE OF QUESTIONS?

                                 MS. WEINSTEIN:  SURE.  BE HAPPY TO.

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN

                    YIELDS.

                                 MR. LALOR:  THE LAST SECTION OF THIS BILL, PART DD, I

                    HAVE A COUPLE OF QUESTIONS.  IS THIS -- IS THIS PROVISION INCLUDED IN

                    REACTION TO THE SUPREME COURT DECISION IN THE JANUS CASE FROM LAST

                    YEAR?

                                 MS. WEINSTEIN:  YES.

                                 MR. LALOR:  AND THE JANUS DECISION SAID BASICALLY,

                                         147



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    IF SOMEONE WHO'S NOT A MEMBER OF A UNION IS FORCED TO PAY DUES TO THAT

                    UNION, HER FIRST AMENDMENT SPEECH RIGHTS ARE BEING VIOLATED IF THE

                    UNION USES THAT MONEY FOR POLITICAL SPEECH?  IS THAT A --  IS THAT A FAIR

                    READING OF THE JANUS DECISION?

                                 MS. WEINSTEIN:  YES.

                                 MR. LALOR:  AND DO YOU AGREE THAT WHETHER WE

                    LIKE A DECISION OF THE SUPREME COURT, OR ANY COURT, BUT ESPECIALLY THE

                    SUPREME COURT, WE'RE BOUND BY IT, IT'S THE LAW OF THE LAND?

                                 MS. WEINSTEIN:  UH... YES.

                                 MR. LALOR:  SO, THIS BILL SAYS, BASICALLY, BECAUSE

                    THE POWERS THAT BE IN NEW YORK STATE DON'T LIKE THE SUPREME COURT

                    DECISION, A NONUNION EMPLOYEE SEEKING TO VINDICATE HER FIRST

                    AMENDMENT RIGHTS BY BRINGING A LAWSUIT AGAINST THE STATE OR THE

                    MUNICIPALITY THAT SHE WORKS FOR FOR TAKING DUES THAT THE SUPREME COURT

                    SAID VIOLATED HER FIRST AMENDMENT RIGHTS, WE'RE SAYING SHE DOESN'T

                    HAVE STANDING.  IN OTHER WORDS, SHE CAN'T BRING THAT SUIT IN A COURT IN

                    NEW YORK STATE.  IS THAT A CORRECT READING OF THIS PROVISION?

                                 MS. WEINSTEIN:  RIGHT.  YOU KNOW, SO -- I MEAN,

                    OBVIOUSLY, WE'RE NOT OVERRULING THE SUPREME COURT RULING DECISION IN

                    JANUS, WE'RE JUST PROVIDING SOME RIGHTS TO EMPLOYERS -- EMPLOYEES IN

                    NEW YORK STATE.

                                 MR. LALOR:  HOW ARE WE PROVIDING RIGHTS TO EITHER

                    EMPLOYERS OR EMPLOYEES WITH THIS PROVISION?

                                 MS. WEINSTEIN:  I MEAN, WHAT WE -- WHAT WE'RE

                    DOING IS, WE'RE MERELY ALLOWING THESE PUBLIC EMPLOYEE UNIONS TO RETAIN

                                         148



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    THE FEES THAT WERE COLLECTED IN THE PAST, WHICH THEY HAD ANTICIPATED

                    BEING COLLECTED.  IT DOESN'T REQUIRE -- IT DOES NOT REQUIRE THE FEES TO BE

                    PAID IN THE FUTURE.  IT JUST REQUIRE -- IT ALLOWS THEM TO MAINTAIN THE

                    CURRENT FEES THAT WERE COLLECTED AT THE TIME -- WITHIN -- WITHIN THE LAW

                    OF OUR LAND.

                                 MR. LALOR:  I AGREE THAT WE ARE ALLOWING THE

                    UNIONS TO KEEP THOSE DUES THAT -- THAT CAME IN PRIOR TO THE DATE OUTLINED

                    IN THE BILL.  BUT AREN'T WE DOING ONE OTHER THING?  AREN'T WE DENYING

                    STANDING -- DENYING THE EMPLOYEE THE RIGHT TO HIS OR HER DAY IN COURT?

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

                    AT THE TIME THEY PAID THE DUES, I DON'T BELIEVE THEY -- THERE WASN'T AN

                    EXPECTATION THEY'D BE ABLE TO BRING AN ACTION TO RECOVER PAST DUES.

                                 MR. LALOR:  BUT ISN'T THAT FOR THE COURT TO DECIDE IF

                    -- IF -- IF A PETITIONER HAS STANDING?

                                 (PAUSE)

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

                    THERE WERE REASONABLE EXPECTATIONS FROM THESE PUBLIC EMPLOYEE

                    ORGANIZATIONS THAT THESE WERE THE AMOUNT OF DUES THAT THEY HAD.  THEY

                    ALLOCATED RESOURCES, BUDGETED BASED ON THAT, AND WE'RE JUST PRESERVING

                    THAT RIGHT.

                                 MR. LALOR:  I THINK THAT'S A VERY REASONABLE

                    ARGUMENT.  BUT WHY DENY THE OPPORTUNITY OF THE EMPLOYEE TO BRING THE

                    UNION TO COURT AND HAVE THEM MAKE THAT VERY VALID ARGUMENT?  WHY

                    ARE WE DOING THAT?

                                 MS. WEINSTEIN:  NO, I -- I DON'T BELIEVE THAT WE'RE

                                         149



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    PRECLUDING -- PRECLUDING SOMEONE FROM BRINGING AN ACTION --

                                 MR. LALOR:  WELL, BY DEFINITION WE ARE.  IF YOU

                    TAKE AWAY STANDING TO BRING A SUIT IN -- IN COURT, YOU'RE DENYING THAT.

                                 MS. WEINSTEIN:  I DON'T BELIEVE WE'RE CHANGING

                    ANYTHING IN STANDING.  I -- I THINK I HAVE A DIFFERENT READING THAN YOU

                    DO.

                                 MR. LALOR:  YOU HAVE A DIFFERENT READING?  AND

                    CURRENT OR FORMER PUBLIC EMPLOYEES SHALL NOT HAVE STANDING TO PURSUE

                    THESE CLAIMS OR ACTIONS.  WHAT -- WHAT IS YOUR READING OF THAT?

                                 (PAUSE)

                                 MS. WEINSTEIN:  RIGHT.  IT -- IT'S JUST FOR THE DUES

                    COLLECTED PRIOR TO THE COURT CASE.  SO, THEY CAN'T GO BACKWARDS.  BUT

                    GOING FORWARD, WE -- FROM --

                                 MR. LALOR:  IS THAT FOR US TO DECIDE, OR IS THAT FOR A

                    COURT TO DECIDE?  I DON'T KNOW WHAT'S RIGHT OR WRONG HERE.  THAT'S FOR

                    COURTS TO DECIDE, HOW TO INTERPRET THAT, HOW TO INTERPRET THE SUPREME

                    COURT DECISION.

                                 IS THIS WHAT'S REALLY GOING ON?  WE DON'T LIKE THE

                    JANUS DECISION AND WE'RE DENYING THE RIGHTS OF PEOPLE WHO MIGHT SEEK

                    TO VINDICATE THEIR FIRST AMENDMENT RIGHTS UNDER THAT DECISION?  IS THAT

                    REALLY WHAT'S GOING ON HERE?  AND THERE'S NO LEGAL JUSTIFICATION FOR THIS,

                    ESPECIALLY IN A BUDGET?

                                 MS. WEINSTEIN:  WE THINK THAT IT'S CONSISTENT WITH

                    THE JANUS CASE.

                                 MR. LALOR:  ALL RIGHT.

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 ON THE BILL, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. LALOR:  YOU KNOW, WE CAN SET ASIDE WHETHER

                    WE LIKE THE SUPREME COURT DECISION OR ANY SUPREME COURT DECISION.

                    BUT, THIS BUDGET BILL, FOR WHATEVER REASON, IS DENYING THE DUE PROCESS

                    RIGHTS OF... WE DON'T HOW MANY NEW YORKERS.  WE MIGHT NEVER KNOW

                    HOW MANY NEW YORKERS BECAUSE THEY'RE NEVER GOING TO HAVE THEIR DAY

                    IN COURT.  THIS BUDGET BILL THAT SAYS EVEN THOUGH THE HIGHEST COURT IN

                    OUR LAND SAID, YOUR FIRST AMENDMENT RIGHTS HAVE BEEN VIOLATED.  YOU

                    CAN'T GO TO COURT TO VINDICATE THOSE RIGHTS.  WE'RE NOT GOING TO LET YOU

                    SET FOOT IN THE COURTROOM.  WE ARE, WITH THIS PIECE OF LEGISLATION,

                    BLOCKING THE COURTHOUSE DOOR TO NEW YORKERS, TO HARDWORKING PUBLIC

                    EMPLOYEES.  THIS IS UN-AMERICAN.  IF NEW YORK CAN PREVENT THIS

                    PETITIONER FROM HAVING HER DAY IN COURT, WHAT OTHER PETITIONERS WILL BE

                    DENIED ACCESS TO OUR COURTS BECAUSE THEIR POSITION MIGHT BE POLITICALLY

                    UNPOPULAR BECAUSE ONE SIDE OF A DEBATE MIGHT BE A HUMONGOUS DONOR

                    TO -- TO POLITICIANS IN THIS STATE AND AROUND THE COUNTRY?  IT'S A VERY

                    SLIPPERY SLOPE.  IT'S A VERY DANGEROUS PRECEDENT.

                                 THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MR.  RAIA.

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

                    CHAIRWOMAN YIELD FOR A COUPLE OF QUESTIONS?

                                 MS. WEINSTEIN:  YES, CERTAINLY.

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN

                                         151



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    YIELDS.

                                 MR. RAIA:  THANK YOU.  AND YOU'RE HOLDING UP JUST

                    MARVELOUS, ALTHOUGH WE'VE GOT A LOT LONGER TO GO, I PRESUME.

                                 MS. WEINSTEIN:  WE HAVE A LOT -- WE HAVE A LOT TO

                    DO.

                                 MR. RAIA:  EXACTLY.

                                 MS. WEINSTEIN:  HOPEFULLY PEOPLE WILL CONTAIN

                    THEMSELVES A LITTLE.

                                 (LAUGHTER)

                                 MR. RAIA:  I'M TRYING TO KEEP IT SHORT, TRYING TO KEEP

                    IT SHORT.  BUT I -- I DO HAVE A CONCERN.  THIS IS THE EDUCATION ARTICLE

                    VII BILL, AND AS I MENTIONED EARLIER, THERE'S THOSE PESKY WORDS AGAIN

                    "INTENTIONALLY OMITTED."  AND WHEN YOU INTENTIONALLY OMIT EDUCATION

                    FUNDING, IT MAKES IT DIFFICULT TO VOTE ON A BILL WHEN YOU DON'T EVEN

                    KNOW WHAT THE END PRODUCT IS GOING TO LOOK LIKE.  BUT I DO HAVE ONE

                    CONCERN, AND MAYBE YOU CAN SHED SOME LIGHT ON IT.

                                 IN BOTH THE SENATE ONE-HOUSE AND THE ASSEMBLY

                    ONE-HOUSE, I BELIEVE THERE WAS A PROVISION OR A TWEAK TO THE FORMULA

                    THAT WOULD ALLOW SCHOOL DISTRICTS FACING PENDING TAX CERTIORARI LAWSUITS

                    THAT COULD KIND OF TAP INTO BUILDING AID TO HELP OFFSET THE BLOW.  THAT

                    WOULD'VE BEEN IN HERE, BUT SINCE EVERYTHING'S INTENTIONALLY OMITTED, CAN

                    YOU TELL ME IF THAT MADE IT INTO THE FINAL BUDGET?

                                 MS. WEINSTEIN:  UNFORTUNATELY, IT DID NOT.

                                 MR. RAIA:  IT DID NOT.  THIS IS NOT JUST AN ISSUE THAT

                    AFFECTS MY DISTRICT.  A NUMBER OF MY COLLEAGUES FROM ALL OVER THE STATE

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    ARE DIRECTLY IMPACTED WITH THIS.  WHY WAS IT TAKEN OUT OF -- OF THE FINAL

                    VERSION OF THE BUDGET?

                                 MS. WEINSTEIN:  WE COULDN'T GET -- COME TO AN

                    AGREEMENT WITH THE EXECUTIVE.

                                 MR. RAIA:  I HAVE NO PROBLEM BLAMING THE

                    GOVERNOR.  HE SEEMS TO BE THE REASON WHY WE'RE IN THIS PLACE IN THE

                    FIRST -- FIRST REASON.  WHAT HAPPENED WITH THE SCHOOL BUS SAFETY CAMERAS

                    THAT PASSED THIS HOUSE 146 TO 0?

                                 MS. WEINSTEIN:  YOU KNOW, AGAIN, WE WERE NOT

                    ABLE AS PART OF THIS -- AS PART OF THE BUDGET TO HAVE AN AGREEMENT -- TO

                    GET A THREE-WAY AGREEMENT, SO IT'LL BE AN ISSUE WE'LL BE PURSUING OUTSIDE

                    OF THE BUDGET.

                                 MR. RAIA:  WAS THAT THE GOVERNOR PUSHING BACK

                    AGAIN?  OR WAS IT THE SENATE?

                                 MS. WEINSTEIN:  IT -- IT'S, YOU KNOW, IT IS A

                    COMPLICATED ISSUE.  WE ALL -- AS YOU SAID, WE ALL DID SUPPORT IT HERE, BUT

                    THERE ARE NUANCES THAT WE STILL HAVE TO RESOLVE TO GET A THREE-WAY

                    AGREEMENT ON IT.

                                 MR. RAIA:  ALL RIGHT.  AND THEN AGAIN THERE'S THOSE

                    PESKY WORDS AGAIN, "INTENTIONALLY OMITTED."  INCREASING PROTECTIONS

                    AGAINST SEXUAL HARASSMENT IN THE WORKPLACE.  WHY WAS THAT

                    INTENTIONALLY OMITTED?

                                 MS. WEINSTEIN:  YOU KNOW, I BELIEVE THAT WE WILL

                    BE -- POST-BUDGET, BE LOOKING AT TRYING TO GET AGREEMENT IN THAT ISSUE.

                                 MR. RAIA:  I -- I ACTUALLY AGREE.  MOST OF THIS STUFF

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    SHOULD BE POST-BUDGET AND NOT INCLUDED AND WE SHOULD BE DISCUSSING

                    IT.

                                 AND THEN THE LAST ONE WHICH CERTAINLY IS ALWAYS A BIG

                    ISSUE, ENACTING PROVISIONS RELATED TO RENT REGULATIONS.  WHAT'S GOING ON

                    WITH THAT?

                                 MS. WEINSTEIN:  THAT -- WELL, THERE WAS NO

                    PARTICULAR PROPOSAL IN THE BUDGET THAT THE GOVERNOR PRESENTED, AND THAT

                    IS AN ISSUE -- THEY DON'T EXPIRE UNTIL JUNE, AND WE'LL HAVE OPPORTUNITY TO

                    -- AGAIN, A COMPLICATED ISSUE WE'LL HAVE OPPORTUNITY TO EXPLORE,

                    NEGOTIATE AND WORK ON AN EXTENSION OF THAT BEFORE SESSION ENDS.

                                 MR. RAIA:  THANK YOU, CHAIRWOMAN.

                                 ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. RAIA:  MR. SPEAKER, I -- MY SCHOOL DISTRICT

                    NORTHPORT, EAST NORTHPORT, SCHOOL DISTRICTS UPSTATE, SCHOOL DISTRICTS IN

                    NASSAU COUNTY, SCHOOL DISTRICTS IN PORT JEFF STAND ON THE VERGE OF

                    BANKRUPTCY BECAUSE OF A COMMITMENT THAT LIPA MADE TO THESE SCHOOL

                    DISTRICTS YEARS AGO WHEN WE DISSOLVED THE LONG ISLAND LIGHTING

                    COMPANY.  THESE TOWNS THAT HOST POWER PLANTS, SOME OF WHICH, LIKE

                    THE NORTHPORT POWER PLANT, IS 50 YEARS OLD IN ITS DESIGN AND ONE OF THE

                    MOST POLLUTING POWER PLANTS IN THE COUNTRY.  RESIDENTS HAVE TO BEAR

                    THAT BURDEN.  I REMEMBER WAKING UP EVERY MORNING AND WIPING THE

                    SOOT OFF OF MY CAR.  JUST IMAGINE WHAT YOU'RE BREATHING 30, 40 YEARS

                    LATER FROM A PLANT THAT SHOULD BE EXTINCT OR AT LEAST REPOWERED.  BUT

                    THESE COMMUNITIES HAVE SHOULDERED THAT BURDEN FOR MANY, MANY YEARS,

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    BEING TOLD REPEATEDLY THAT, AS LONG AS YOU DON'T UNFAIRLY RAISE THE

                    ASSESSMENT ON THOSE POWER PLANTS, WE WILL NOT SUE YOU TO TRY AND LOWER

                    OUR TAX BILL.  WELL, LIPA, THE LIPA BOARD WHICH IS PRIMARILY

                    CONTROLLED BY THE GOVERNOR, HAS DECIDED TO GO BACK ON THEIR WORD,

                    LEAVING ONE OF MY SCHOOL DISTRICTS POTENTIALLY $56 MILLION IN THE RED.

                    THERE IS NO WAY THESE SCHOOL DISTRICTS AND THESE COMMUNITIES WILL

                    SURVIVE UNLESS WE TAKE POSITIVE ACTION NOW.  THEY DID EVERYTHING THEY

                    WERE TOLD TO DO, AND NOW LIPA COMES IN AND SAYS, TOO BAD.  WELL,

                    YOU KNOW WHAT?  I DON'T WANT TO SEE SIGNS HANGING ON SCHOOL DISTRICTS

                    THAT SAY "CLOSED FOR BUSINESS" OR DEPRIVING MY STUDENTS OF PROGRAMS

                    THAT EVERYBODY ELSE HAS BECAUSE THEY CAN NO LONGER AFFORD TO DO THEM.

                    THE TIME IS NOW.  THESE -- THESE DISTRICTS AND -- AND LOCAL GOVERNMENTS

                    ARE IN COURT RIGHT NOW WITH LITERALLY A GUN POINTED AT THEIR HEAD.  AND

                    WE STAND HERE AND WE RECOGNIZED THAT WE SHOULD DO SOMETHING ABOUT

                    IT, BOTH THE SENATE AND THE ASSEMBLY, AND WE CAVED BECAUSE OF THE

                    GOVERNOR.  WELL, IF WE'RE TALKING ABOUT DEALING WITH POLICY ISSUES AFTER

                    THE BUDGET, I CERTAINLY HOPE THIS IS ONE OF THEM.

                                 I WILL BE VOTING NO ON THIS BILL BECAUSE IT CERTAINLY IS

                    NOT READY FOR PRIME TIME.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. GOODELL.

                                 MR. GOODELL:  THANK YOU, SIR, AND THANK YOU TO

                    MY COLLEAGUES FOR THEIR COMMENTS AND QUESTIONS AND TO THE CHAIR FOR

                    HER ANSWERS.  WOULD THE CHAIR YIELD FOR ADDITIONAL QUESTIONS?

                                 MS. WEINSTEIN:  YES.

                                         155



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN

                    YIELDS.

                                 MS. WEINSTEIN:  YES.

                                 MR. GOODELL:  THANK YOU, MS. WEINSTEIN.

                    TOUCHING BASE ON THE FAMILY SUPPORT SERVICES PROGRAM, YOU'VE

                    ANSWERED SOME QUESTIONS.  CLEARLY, OUR COUNTIES CAN RUN THIS PROGRAM.

                    THEY CAN JOIN TOGETHER IN AGREEMENTS AND RUN IT COOPERATIVELY.  I WANT

                    TO JUST BRING YOUR ATTENTION TO PAGE 32, LINE 49 THAT DEALS WITH THE

                    FUNDING.  AND AS I READ IT IT SAYS, TO THE EXTENT THAT FUNDS ARE AVAILABLE

                    FOR SUCH PURPOSES AND SPECIFICALLY APPROPRIATE, THE OFFICE OF CHILDREN

                    AND FAMILIES SERVICES SHALL DISTRIBUTE FUNDING, QUOTE, "TO THE HIGHEST

                    NEED MUNICIPALITY, WHICH SHALL MEAN A COUNTY OR A CITY WITH A

                    POPULATION OVER ONE MILLION."  SO IS IT THE MEANING, THEN, OF THIS

                    LANGUAGE THAT THE FUNDING -- WHILE THE PROGRAM CAN BE RUN BY ANYBODY,

                    THE FUNDING IS ALLOCATED ONLY TO THOSE HIGH-NEED COUNTIES THAT ARE

                    DEFINED AS COUNTIES WITH A POPULATION OF OVER A MILLION?

                                 MS. WEINSTEIN:  RIGHT.  SO WE DON'T -- I'M SORRY.

                    WE DON'T PROVIDE ADDITIONAL DOLLARS, BUT THEY CAN USE EXISTING

                    PREVENTIVE SERVICES DOLLARS IF THEY HAVE FOR THIS PROGRAM.

                                 MR. GOODELL:  SO FOR ALL THE RURAL COUNTIES,

                    UPSTATE COUNTIES, ROCHESTER, BUFFALO, SYRACUSE, THEY CAN USE WHATEVER

                    FUNDS THEY HAVE EXISTING?

                                 MS. WEINSTEIN:  SAME WITH THE -- SAME WITH THE

                    CITY OF NEW YORK.

                                 MR. GOODELL:  BUT THIS ADDITIONAL FUNDING IS ONLY

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    AVAILABLE FOR THE CITY OF NEW YORK OR OTHER COUNTIES WITH OVER A

                    MILLION IN POPULATION?

                                 MS. WEINSTEIN:  SO THE -- THE LANGUAGE IS -- IS

                    HERE.  I THINK IT WAS ORIGINALLY IN ANTICIPATION THAT THE OTHER HOUSE WAS

                    GOING TO ADD SOME FUNDS THAT WOULD BE DIRECTED -- AS DIRECTED IN THIS

                    BUDGET.  ULTIMATELY, THAT DIDN'T HAPPEN SO THE LANGUAGE REMAINS HERE.

                    IN THE FUTURE IF THERE ARE APPROPRIATIONS, THAT IS HOW THEY WOULD BE

                    SPENT.

                                 MR. GOODELL:  IS THERE ANY REASON WHY ALL THE REST

                    OF THE STATE WAS EXCLUDED IN THE EVENT THERE'S ADDITIONAL

                    APPROPRIATIONS?

                                 MS. WEINSTEIN:  THEY'RE NOT EXCLUDED.  THERE

                    WAS, I GUESS -- YOU KNOW, THERE HAD BEEN AN INTENTION TO FUND A

                    PROGRAM IN NEW YORK CITY WITH SUPPLEMENTAL DOLLARS.  THAT DIDN'T

                    HAPPEN, SO THE LANGUAGE REMAINS FOR THIS -- THESE EXTRA FAMILY

                    SUPPORTIVE SERVICES.

                                 MR. GOODELL:  JUST A FRIENDLY SUGGESTION THAT TO

                    THE EXTENT WE DO APPROPRIATE SOME TIME IN THE FUTURE SUPPLEMENTAL

                    DOLLARS, IT SOUNDS LIKE A GREAT PROGRAM THAT WOULD BENEFIT NOT JUST THOSE

                    LARGE MUNICIPALITIES, BUT ALL MUNICIPALITIES.  SO I WOULD SUGGEST THE

                    LANGUAGE MIGHT BE EXPANDED TO INCLUDE ALL THE STATE OR SIMPLY TAKE THE

                    LANGUAGE OUT.  JUST A SUGGESTION.

                                 MS. WEINSTEIN:  THANK YOU.

                                 MR. GOODELL:  CAN I -- I'D LIKE TO TURN TO THE

                    LAWFUL SOURCE OF INCOME NONDISCRIMINATION ACT.  THAT'S ON PAGE 41.

                                         157



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MS. WEINSTEIN:  YES.

                                 MR. GOODELL:  NOW AS I UNDERSTAND IT, THE

                    PURPOSE OF THIS BILL -- OR THIS SECTION OF THE BILL, IS TO SAY A BUILDING

                    OWNER CANNOT DISCRIMINATE IN ANY WAY AGAINST A POTENTIAL TENANT BASED

                    ON THE SOURCE OF THEIR INCOME AS LONG AS THE INCOME IS LAWFUL.

                                 MS. WEINSTEIN:  CORRECT.

                                 MR. GOODELL:  BUT THIS SPECIFICALLY STATES

                    INCLUDING, BUT NOT LIMITED TO, SECTION 8 VOUCHERS, CORRECT?

                                 MS. WEINSTEIN:  YES.

                                 MR. GOODELL:  BUT YOU CAN ONLY HAVE A SECTION 8

                    VOUCHER IF THE BUILDING OWNER HAS A CONTRACT WITH HUD, A SECTION 8

                    CONTRACT, CORRECT?

                                 MS. WEINSTEIN:  I BELIEVE SO.  THE -- THE SECTION 8

                    VOUCHER IS FOR THE INDIVIDUAL, AND THEY CAN -- I -- I DON'T BELIEVE YOU

                    HAVE TO HAVE A SEPARATE -- THAT THE HOUSING UNIT HAS TO HAVE A SEPARATE

                    AGREEMENT WITH -- WITH HUD.  THEY HAVE TO MEET CERTAIN STANDARDS IN

                    THEIR APARTMENT, BUT THEY DON'T HAVE TO HAVE -- THEY DON'T HAVE TO HAVE A

                    SEPARATE AGREEMENT.

                                 MR. GOODELL:  WELL, I ACTUALLY WAS INVOLVED IN

                    THIS PROGRAM.  I HAVE ONE SINGLE APARTMENT, AND I RENTED IT TO AN

                    INDIVIDUAL WHO ASKED IF I WOULD PARTICIPATE IN THE SECTION 8 PROGRAM.

                    I SAID YES.  I THEN WAS PRESENTED WITH A MULTI-PAGE SMALL-PRINT CONTRACT

                    THAT I HAD TO SIGN IN ORDER FOR THEM TO BE ELIGIBLE FOR A SECTION 8

                    VOUCHER.  HAS THE PROGRAM CHANGED SINCE THEN?

                                 MS. WEINSTEIN:  SEE, MY FAMILIARITY IS -- IS

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    DIFFERENT.  THAT PEOPLE HAVE -- ACTUALLY HAVE THE SECTION 8 VOUCHER,

                    THEY'RE APPROVED AND THEN THEY SEEK AN APARTMENT IN WHICH TO LIVE.

                                 MR. GOODELL:  WELL, JUST SO WE'RE CLEAR, WAS IT THE

                    INTENT OF THIS LANGUAGE TO REQUIRE A BUILDING OWNER TO SIGN SUCH A

                    CONTRACT IF SUCH A CONTRACT WERE REQUIRED?

                                 MS. WEINSTEIN:  NO.  NO, IT IS NOT.

                                 MR. GOODELL:  OKAY.  AND DOES THIS REQUIRE THEN

                    A BUILDING OWNER TO SUBJECT THE BUILDING TO A HUD SECTION 8

                    INSPECTION?

                                 MS. WEINSTEIN:  THERE IS A REQUIREMENT.  THERE

                    ARE CERTAIN REQUIREMENTS FOR LIVING STANDARDS AND MAINTENANCE

                    STANDARDS IF IT IS -- FOR SOMEONE WHO IS A SECTION 8 TENANT LIVING IN AN

                    -- IN AN APARTMENT.

                                 MR. GOODELL:  AND SO THE ANSWER WOULD BE YES,

                    THEY WOULD HAVE TO SUBJECT THEIR APARTMENT TO A HUD INSPECTION?

                                 MS. WEINSTEIN:  I'M -- I'M NOT SURE HOW THEY

                    WOULD DO THAT, BUT YES, THEY HAVE TO MEET CERTAIN STANDARDS IN THAT

                    APARTMENT.

                                 MR. GOODELL:  AND WOULD THIS THEN REQUIRE THE

                    BUILDING OWNER TO MAKE WHATEVER UPGRADES OR RECOMMENDATIONS FROM

                    HUD IN ORDER FOR THE TENANT TO BE ELIGIBLE FOR SECTION 8 FUNDING?

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

                    THE REQUIREMENTS OF SECTION 8 ARE BASICALLY A HABITABILITY -- A HABITABLE

                    APARTMENT.  SO THERE SHOULDN'T BE EXTRA REQUIREMENTS THAT A LANDLORD

                    WOULD HAVE TO -- WOULD HAVE TO UNDERGO, BUT THEY WOULD HAVE THE

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    POTENTIAL OF INSPECTIONS.  THAT -- THAT PART OF IT IS CORRECT.

                                 MR. GOODELL:  LOOKING AT PAGE 42, LINE 9.  I

                    UNDERSTAND THIS BILL WOULD NOW MAKE IT ILLEGAL TO MAKE ANY WRITTEN OR

                    ORAL INQUIRY OR RECORD CONCERNING THE LAWFUL SOURCE OF INCOME.  IS THAT

                    CORRECT?

                                 MS. WEINSTEIN:  WELL, IT WOULD SAY THAT YOU CAN'T

                    DISCRIMINATE BASED ON THE SOURCE OF INCOME.

                                 MR. GOODELL:  WELL, IT SAYS YOU CAN'T ACTUALLY

                    MAKE ANY WRITTEN OR ORAL INQUIRY OR RECORD REGARDING IT EITHER, CORRECT?

                                 MS. WEINSTEIN:  THAT'S -- THAT'S CORRECT.

                                 MR. GOODELL:  NOW AS YOU KNOW, MANY BUILDING

                    OWNERS ARE VERY SENSITIVE TO WHAT THEIR TENANTS MIGHT BE DOING THAT

                    MIGHT IMPACT OTHER TENANTS.  IN PARTICULAR, A BUILDING OWNER, FOR

                    EXAMPLE, MIGHT BE HESITANT TO RENT TO A TENANT THAT'S ENGAGED IN ILLEGAL

                    DRUG SALES OUT OF THEIR APARTMENT OR PROSTITUTION OR GAMBLING OR OTHER

                    ILLEGAL ACTIVITIES THAT MIGHT IMPACT NEGATIVELY NOT ONLY THE BUILDING, BUT

                    THE REPUTATION OF THE BUILDING AND THE LAND -- AND THE BUILDING OWNER,

                    BUT ALSO THE TENANTS.  IF YOU CANNOT INQUIRE AS TO THE SOURCE OF INCOME,

                    HOW IS A BUILDING OWNER TO DETERMINE OR EVALUATE WHETHER OR NOT THE

                    TENANT HAS LAWFUL INCOME OR UNLAWFUL INCOME THAT'S BEING USED TO PAY

                    THE RENT?

                                 (PAUSE)

                                 MS. WEINSTEIN:  YOU KNOW, THIS DOES NOT PREVENT

                    -- I BELIEVE THIS DOES NOT PREVENT THE LANDLORD FROM -- IF THEY --

                    CURRENTLY YOU DO A CREDIT CHECK ON A TENANT BEFORE THEY HAVE THEM SIGN

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    A -- AGREE TO SIGN A LEASE.  THIS DOESN'T CHANGE THAT.  IT JUST SAYS YOU

                    CAN'T DISCRIMINATE BASED ON THAT INFORMATION.  SO, BASED ON THE FACT THAT

                    THERE'S A SECTION 8 VOUCHER THAT'S GOING TO PAY A PORTION OF -- OF THEIR

                    RENT.

                                 MR. GOODELL:  YOU MENTIONED A BUILDING OWNER

                    DOING A CREDIT REPORT STILL ALLOWABLE UNDER THIS?

                                 MS. WEINSTEIN:  YES.

                                 MR. GOODELL:  AND CAN, THEN, THE BUILDING OWNER,

                    BASED ON THAT CREDIT REPORT, REQUIRE A HIGHER SECURITY DEPOSIT IF THE

                    TENANT'S CREDIT SCORE IS LOWER?  I MEAN, AFTER ALL, IF THEIR CREDIT SCORE'S

                    LOWER THE LIKELIHOOD THEY'LL DEFAULT ON THEIR RENT IS HIGHER.

                                 MS. WEINSTEIN:  IF -- IF THEY COULD -- REGARDLESS OF

                    WHETHER IT WAS -- THE SOURCE OF INCOME WAS SECTION 8, THAT THAT'S THEIR

                    NORMAL PRACTICE, I DON'T THINK IT WOULD BE -- THIS WOULD PROHIBIT THAT.

                                 MR. GOODELL:  VERY GOOD.  THANK YOU SO MUCH

                    FOR YOUR -- FOR YOUR RESPONSES.

                                 MS. WEINSTEIN:  SURE.

                                 MR. GOODELL:  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MS. DE LA ROSA TO EXPLAIN TO HER VOTE.

                                 MS. DE LA ROSA:  THANK YOU, MR. SPEAKER.  I WANT

                                         161



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    TO THANK SPEAKER HEASTIE, HIGHER ED CHAIR DEBORAH GLICK AND MY

                    COLLEAGUES FOR THEIR STEADFAST SUPPORT OF IMMIGRANT COMMUNITIES IN

                    NEW YORK STATE.  IMMIGRANTS, DOCUMENTED OR NOT, ARE NEW YORKERS,

                    AND TODAY WE WILL FINALLY SEE THE DREAM ACT BECOME REALITY IN OUR

                    STATE.  THIS BUDGET INCLUDES $27 MILLION TO ENSURE THAT IMMIGRANT NEW

                    YORKERS HAVE ACCESS TO HIGHER EDUCATION.  THE DREAM ACT IS AN

                    EDUCATION EQUITY BILL.  IT'S ABOUT LEVELING THE PLAYING FIELD FOR MILLIONS

                    OF FAMILIES IN NEW YORK STATE.  WHEN WE OPEN THE DOOR TO EDUCATION

                    FOR ONE STUDENT, WE'RE OPENING THE DOOR OF OPPORTUNITY FOR MILLIONS OF

                    FAMILIES IN OUR STATE.  I WANT TO THANK THE NEW YORK STATE DREAMERS

                    AND ADVOCATES FOR FOLLOWING US -- FOR ALLOWING US TO DRAW INSPIRATION

                    AND MOTIVATION FROM THEIR PERSONAL STRUGGLES.  THERE HAVE BEEN

                    DECADES OF WORK -- OF DREAMERS COMING UP TO ALBANY EVERY SINGLE

                    SESSION TO MAKE SURE THAT WE COULD CELEBRATE THIS MOMENT.  AND

                    HONESTLY, THIS MOMENT IS LONG PAST DUE.  WE HAVE A LOT MORE WORK TO

                    DO TO MAKE SURE THAT WE PROTECT IMMIGRANTS IN THIS STATE.  LET ME BE

                    CLEAR.  IT'S NOT JUST ABOUT PROTECTION.  IT'S ABOUT RESPECT.  RESPECTING

                    THOSE WHO HAVE BUILT OUR COMMUNITIES, WHO HAVE WORKED, WHO HAVE

                    BUILT THIS ECONOMY.  WHO HAVE BEEN BRAVE ENOUGH TO SPEAK UP AND

                    LOUDLY IN THE EFFORTS TO REDEEM FAIRNESS IN OUR STATE.

                                 THANK YOU FOR PLACING YOUR TRUST IN ME TO BRING THIS

                    HOME FOR OUR CONFERENCE, AND I PROUDLY CAST MY VOTE IN THE

                    AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MS. DE LA CRUZ [SIC]

                    IN THE AFFIRMATIVE.

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MR. PICHARDO.

                                 MR. PICHARDO:  THANK YOU, MR. SPEAKER, FOR

                    ALLOWING ME TO ABSTAIN TO EXPLAIN MY VOTE.  FIRST OF ALL, I WANT TO THANK

                    ALL OF MY COLLEAGUES IN THIS HOUSE, PARTICULARLY MEMBERS OF THE TASK

                    FORCE AS WELL AS MY COLLEAGUES IN THE SENATE, FOR MAKING SURE -- AS

                    WELL AS, OBVIOUSLY, THE SPEAKER AND THE LEADERSHIP IN THIS HOUSE -- JUST

                    TO MAKE SURE THAT IMMIGRANTS IN THIS STATE HAVE A BETTER CHANCE AND A

                    BETTER OPPORTUNITY FOR THE FUTURE.  AND I WANT TO MAKE SURE THAT THIS IS

                    STATED FOR THE RECORD.  THAT IT WAS THIS HOUSE THAT CARRIED THE WATER AND

                    MADE SURE THAT THE DREAM ACT STAYED ALIVE IN THE STATE.  IT WAS THIS

                    HOUSE THAT MADE SURE THAT THAT FIGHT CONTINUED ON REGARDLESS OF THE

                    CIRCUMSTANCES THAT WE FOUND OURSELVES IN.  IT WAS THIS HOUSE TO MAKE

                    SURE THAT FIGHTING FOR IMMIGRANTS WERE A PRIORITY NOT ONLY FOR OUR

                    COMMUNITIES AND FOR OUR DISTRICTS, BUT FOR THE STATE AND THIS NATION.

                    AND I HAVE BEEN IN THIS FIGHT MYSELF FOR PROBABLY THE BETTER PART OF A

                    DECADE, FIRST OF ALL IN THE FEDERAL LEVEL AND NOW TO THE STATE LEVEL AND

                    WE WERE ABLE TO PASS THIS AND GET THIS OVER THE FINISH LINE.  BUT I

                    REMIND EVERYBODY THAT IT WAS THIS HOUSE, THAT WE MADE SURE TO PUSH

                    THAT THE DREAM ACT STAYED ALIVE, AND I ASK THAT MY FEDERAL

                    COLLEAGUES TAKE HEED IN THE WORK THAT WE HAVE DONE TODAY.  IN THE --  IN

                    THE AGE OF DIVISIVENESS AND THE RHETORIC OF HATE, ESPECIALLY GEARED

                    TOWARDS IMMIGRANTS, I HOPE THAT THIS WILL SHOW A NEW DAY.  THAT WE

                    CAN WORK TOGETHER AND MAKE SURE THAT IMMIGRANTS, LIKE ANY OTHER NEW

                    YORKER OR ANY OTHER AMERICAN, ARE GIVEN THE OPPORTUNITY TO SUCCEED

                    AND BE GIVEN A CHANCE TO BE A PART OF THIS GREAT AMERICAN EXPERIMENT.

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 AND WITH THAT, I WILL PROUDLY CAST MY VOTE IN THE

                    AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. PICHARDO IN THE

                    AFFIRMATIVE.

                                 MS. CRUZ.

                                 MS. CRUZ:  THANK YOU, MR. SPEAKER.  I RISE TO THANK

                    MY COLLEAGUES.  AS MANY OF YOU KNOW, I GREW UP AS AN UNDOCUMENTED

                    NEW YORKER, AND I WASN'T LUCKY ENOUGH TO BE AROUND WHEN THE

                    DREAM ACT IS NOW BECOMING LAW.  I HAD TO WORK TWO, THREE JOBS.

                    MY MOTHER HAD TO WORK TWO, THREE JOBS SO THAT I COULD BE HERE ONE DAY

                    AS YOUR COLLEAGUE.  AND NOW THE DREAMERS DON'T HAVE TO GO THROUGH

                    THAT ANYMORE.  SO I WANT TO THANK CARMEN.  I WANT TO THANK SENATOR

                    SEPULVEDA, AND WHEREVER HE IS UP IN HEAVEN, SENATOR PERALTA BECAUSE

                    TODAY WE TELL DREAMERS, WE SEE YOU, WE LOVE YOU AND WE WILL FIGHT

                    FOR YOU.  AND NOW WE MOVE ON TO FIGHT FOR THEIR PARENTS AND DRIVER'S

                    LICENSES FOR ALL, BECAUSE IMMIGRANTS HAVE MADE NEW YORK WHAT IT IS

                    TODAY.  AND TODAY WE GET TO FIGHT AND GIVE BACK TO THEM.

                                 THANK YOU.

                                 ACTING SPEAKER AUBRY:  MS. CRUZ IN THE

                    AFFIRMATIVE.

                                 MR. REILLY.

                                 MR. REILLY:  THANK YOU, MR. SPEAKER.  I RISE TO

                    EXPLAIN MY VOTE.  AS I SPOKE WHEN WE DEBATED THE DREAM ACT

                    BEFORE THE LANGUAGE CHANGED THAT THE GOVERNOR HAD TO MAKE AND WE

                    HAD TO MAKE IN THIS BUDGET BILL, I SAID THAT WE WERE OPENING UP THE

                                         164



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    FLOOD GATES AND WE ARE GOING TO ALLOW PEOPLE TO COME HERE AS A

                    BEACON, WHICH WE ALWAYS ARE, RIGHT?  WE WANT TO INVITE LEGAL

                    IMMIGRANTS.  UNFORTUNATELY, WHEN THEY'RE ILLEGAL AND WE ASSIGN

                    FUNDING TO THAT, IT'S NOT ABOUT HATE.  THIS IS ABOUT TAKING CARE OF OUR

                    OWN CITIZENS OF NEW YORK STATE THAT WE CAN'T -- WE HAVE TROUBLE

                    SENDING OUR OWN STUDENTS TO SCHOOL.  WE DIDN'T FULLY FUND THE TAP

                    PROGRAM FOR OUR CURRENT LEGAL TAXPAYING STUDENTS, AND NOW WE'RE

                    OPENING IT UP WHERE YOU CAN HAVE SOMEONE COME HERE AND GET A GED

                    AFTER BEING HERE 30 DAYS AND THEN GET FREE TUITION.  THIS IS THE REASON

                    WHY I HAVE TO VOTE IN THE NEGATIVE.  AND IT'S -- IT'S UNFORTUNATE, BECAUSE

                    I THINK THIS IS JUST GOING TO -- IT'S GOING TO BE AN UNFUNDED MANDATE.

                                 THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. WEPRIN.

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

                    WANT TO SPEAK ON BEHALF OF THE DREAMERS.  MY ASSEMBLY DISTRICT IS

                    ALMOST 60 PERCENT FIRST-GENERATION IMMIGRANTS.  MANY OF THEM ARE

                    DOCUMENTED, SOME OF THEM ARE NOT DOCUMENTED.  AND WE'VE BEEN

                    FIGHTING THIS CAUSE SINCE I'VE BEEN IN -- IN THIS HOUSE IN 2010 AND MANY

                    PEOPLE BEFORE THAT.  SO I'M VERY PROUD OF WHAT WE'VE DONE IN THIS

                    BUDGET FOR THE IMMIGRANT COMMUNITY AND FOR THE DREAMERS.

                                 I WITHDRAW MY REQUEST AND PROUDLY VOTE IN THE

                    AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. WEPRIN IN THE

                    AFFIRMATIVE.

                                 MR. SCHMITT.

                                         165



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MR. SCHMITT:  MR. SPEAKER, I RISE TO EXPLAIN MY

                    VOTE.  I'LL BE VOTING IN THE NEGATIVE.  DURING THE DEBATE I WAS VERY

                    DISAPPOINTED TO LEARN THAT SCHOOL DISTRICTS LIKE THOSE THAT I REPRESENT,

                    THE NORTH ROCKLAND SCHOOL DISTRICT DEALING WITH A SIGNIFICANT TAX

                    CERTIORARI DEBT WILL NOT RECEIVE THE RELIEF THAT THEY NEED AND DESERVE.

                    ORIGINALLY, $224 MILLION IN DEBT THROUGH A TAX CERTIORARI DEBT WAS

                    PLACED ON THE BACKS OF TAXPAYERS IN THE NORTH ROCKLAND SCHOOL

                    DISTRICT EQUALS OUT TO OVER $11 MILLION A YEAR.  A PAYMENT OVER 30

                    YEARS WILL BE $365 MILLION WILL BE SPENT BY THE SCHOOL DISTRICT TO

                    RELIEVE THIS DEBT.  THERE SEEMED TO BE BIPARTISAN COOPERATION BETWEEN

                    BOTH CHAMBERS, BUT UNFORTUNATELY, IT FELL OUT OF THIS FINAL DOCUMENT.  IT

                    IS UNACCEPTABLE.  WE HAVE FAILED THE STUDENTS OF NORTH ROCKLAND, OF

                    LONG ISLAND AND OTHER DISTRICTS WHO ARE FACING THIS BURDEN, AND WE'VE

                    FAILED THE TAXPAYERS WHO ARE FACING THIS BURDEN AS WELL.

                                 I WILL BE VOTING IN THE NEGATIVE AND, AGAIN, STRESS HOW

                    DISAPPOINTED BIPARTISAN EFFORT HERE HAS FALLEN OUT.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MR. DENDEKKER.

                                 MR. DENDEKKER:  THANK YOU, MR. SPEAKER, TO

                    EXPLAIN MY VOTE.  I -- I'M SO HAPPY THAT WE ARE FINALLY HERE TO SEE THIS

                    DREAM ACT PASS.  I REMEMBER A LOT OF OUR COLLEAGUES THAT AREN'T HERE

                    ANYMORE -- SENATOR JOSE PERALTA WHO WAS AN ASSEMBLYMEMBER;

                    GUILLERMO LINARES, WHO WAS ALSO AN ASSEMBLYMEMBER; FRANCISCO

                    MOYA; AND, OF COURSE, OUR DEAR FRIEND MARCOS CRESPO ALL WORKED ON

                    THIS IMPORTANT PIECE OF LEGISLATION.  AND WE SAW IT GO FROM A DREAM

                                         166



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    FUND TO A DREAM ACT, AND IT'S JUST SO, SO GREAT TO FINALLY SEE THIS PIECE

                    OF LEGISLATION NOT JUST MAKE IT TO ONE HOUSE, BUT TO MAKE IT INTO THE

                    BUDGET, TO PASS BY BOTH HOUSES AND NOW TO SEE IT REACH ITS FRUITION.  I

                    THINK IT'S A -- A VERY SMART INVESTMENT ON THE PART OF THE STATE OF NEW

                    YORK.  WE-- WE EDUCATE CHILDREN UP UNTIL A CERTAIN AGE.  AND THEN

                    WHEN IT COMES TIME FOR THEM TO MOVE ON TO GET A HIGHER EDUCATION, WE

                    WERE TELLING UNDOCUMENTED RESIDENTS OF -- OF NEW YORK, CITIZENS --

                    WELL, RESIDENTS THAT LIVE HERE, OUR NEIGHBORS, WE WERE TELLING THEM THEY

                    DON'T DESERVE A HIGHER EDUCATION.  AND -- AND I'M JUST -- I'M SO PLEASED

                    TO BE ABLE TO STAND HERE TODAY.  AND TO THE FAMILY OF JOSE PERALTA, I

                    HOPE YOU'RE WATCHING, AND THANK YOU VERY MUCH FOR THE SERVICE OF YOUR

                    -- YOUR DAD AND YOUR SPOUSE AND YOUR BROTHER FOR -- FOR DOING THE WORK

                    THAT HE DID FOR JACKSON HEIGHTS AND EAST ELMHURST.

                                 THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. DENDEKKER IN

                    THE AFFIRMATIVE.

                                 MR. CRESPO.

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

                    MY VOTE.  I AM EXTREMELY PROUD OF THE FACT THAT TODAY WE MAKE A DREAM

                    COME TRUE.  (SPEAKING SPANISH) IF YOU'RE BILINGUALLY-CHALLENGED AND

                    DID NOT UNDERSTAND WHAT I JUST SAID, I WILL ENCOURAGE YOU TO HELP ME

                    GET MORE BILINGUAL EDUCATION FUNDS IN OUR FOUNDATION AID.  BUT THE

                    REALITY IS THIS:  FOR THOSE THAT CONTINUE TO ATTEMPT TO PORTRAY THE

                    DREAM ACT AS SOMETHING THAT TAKES AWAY FROM SOMEONE ELSE, I SPEAK

                    TO NEW YORKERS ACROSS THE STATE TO UNDERSTAND THAT TAP IS AN

                                         167



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    ENTITLEMENT PROGRAM.  IF YOU QUALIFY, YOU WILL GET IT.  THE FACT THAT WE

                    HAVE NOW SPENT MILLIONS OF DOLLARS TO CREATE AN EXCELSIOR PROGRAM THAT

                    WASN'T MEANT FOR STRUGGLING PART-TIME STUDENTS IN MY COMMUNITY OR

                    PARENTS WHO ARE FORCED TO GO PART-TIME TO SCHOOL, IT WAS MEANT TO

                    SUPPORT MIDDLE-CLASS FAMILIES.  AND THEY DESERVE IT, TOO.  TO EXPAND

                    THE OPPORTUNITIES FOR THOSE IN SUBURBAN COMMUNITIES, NOT NECESSARILY IN

                    THE BRONX OR MY DISTRICT.  IT'S NOT CUNY STUDENTS GETTING EXCELSIORS.

                    AND I'M PROUD TO SUPPORT THAT PROGRAM, EVEN THOUGH IT WASN'T MEANT

                    FOR MY KIDS.  BUT TODAY WE DO SOMETHING FOR DREAMERS ACROSS THE

                    STATE.  THEY DESERVE SOMETHING BECAUSE THEY CONTRIBUTE SOMETHING

                    GREATER.  THEY CONTRIBUTE TO THE GROWTH OF THIS STATE.  THEY CONTRIBUTE

                    TO THE ECONOMIES OF RURAL PARTS OF THIS STATE, AND THEY ARE ALSO PAYING

                    TAXES AND CONTRIBUTING ECONOMICALLY.  SO MAKING AN INVESTMENT IN

                    THEM, CONTINUING THE INVESTMENT THAT WE ALREADY MAKE K THROUGH 12,

                    TO MAKE SURE THAT THEY GET A COLLEGE EDUCATION IS THE RIGHT THING TO DO

                    FOR THE STATE OF NEW YORK.  AND TODAY, IN THE MEMORY OF JOSE PERALTA

                    AND ALL THOSE COLLEAGUES THAT HAVE SERVED IN THIS CHAMBER AND IN THE

                    GREAT LEADERSHIP OF MY COLLEAGUE CARMEN DE LA ROSA, I THANK THE

                    SPEAKER.  I THANK OUR HIGHER EDUCATION CHAIR DEBORAH GLICK AND

                    HELENE WEINSTEIN, OUR WAYS AND MEANS CHAIR, BECAUSE TODAY WE

                    MAKE A DREAM COME TRUE. (SPEAKING SPANISH)

                                 I PROUDLY VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  ARE THERE ANY OTHER

                    VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                         168



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 THE BILL IS PASSED.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.


                    SPEAKER.  WE CAN GO TO RESOLUTIONS ON PAGE 3, ASSEMBLY NO. 240 BY

                    MR. MAGNARELLI.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. 240, MAGNARELLI.

                    CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY OPPOSING THE

                    ENACTMENT OF THE STATE LAW -- OF A STATE LAW, PURSUANT TO A FEDERAL

                    MANDATE, TO REQUIRE THE SUSPENSION OR REVOCATION OF THE DRIVER'S LICENSE

                    OF ANY INDIVIDUAL CONVICTED OF ANY VIOLATION OF THE FEDERAL CONTROLLED

                    SUBSTANCES ACT OR ANOTHER DRUG LAW, REGARDLESS OF WHETHER THE OFFENSE

                    IS RELATED TO THE OPERATION OF A MOTOR VEHICLE.

                                 ACTING SPEAKER AUBRY:  MR. GOODELL ON THE

                    RESOLUTION, SIR.

                                 AN EXPLANATION IS REQUESTED.

                                 MR. MAGNARELLI.

                                 MR. MAGNARELLI:  YES, MR. CHAIRMAN.  THIS

                    WOULD DECLARE THE NEW YORK STATE LEGISLATURE'S OPPOSITION TO A LAW

                    REQUIRING THE SUSPENSION, REVOCATION OR DELAY IN THE ISSUANCE OR

                    REINSTATEMENT OF A DRIVER'S LICENSE OF A PERSON CONVICTED OF VIOLATING

                    THE FEDERAL CONTROLLED SUBSTANCES ACT OR OF ANY DRUG OFFENSE.

                                 ACTING SPEAKER AUBRY:  MR. GOODELL.

                                 MR. GOODELL:  THANK YOU.  WOULD THE SPONSOR

                    YIELD?

                                         169



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MR. MAGNARELLI:  SURE.

                                 ACTING SPEAKER AUBRY:  MR. MAGNARELLI

                    YIELDS.

                                 MR. GOODELL:  MR. MAGNARELLI, UNDER OUR CURRENT

                    LAW IF AN INDIVIDUAL IS CONVICTED OF A FEDERAL DRUG OFFENSE IN NEW

                    YORK, THEY -- THEIR LICENSE CAN BE SUSPENDED, CORRECT?

                                 MR. MAGNARELLI:  CORRECT.

                                 MR. GOODELL:  AND THEY CAN ALSO THEN ASK FOR A

                    CERTIFICATE OF RELIEF FROM DISABILITIES.  DOES THAT ENABLE THEM TO

                    RESUME DRIVING IF IT'S GRANTED?

                                 MR. MAGNARELLI:  I DIDN'T QUITE HEAR THAT.  YES.

                                 MR. GOODELL:  AND SO THE PURPOSE OF THE

                    SUSPENSION IS TO REQUIRE SOMEONE WHO HAS BEEN CONVICTED OF A DRUG

                    OFFENSE TO GO THROUGH THAT EXTRA PROCESS --

                                 MR. MAGNARELLI:  I'M -- I'M HAVING TROUBLE

                    HEARING YOU.  I'M SORRY.

                                 MR. GOODELL:  SO, AN INDIVIDUAL WHO IS CONVICTED

                    OF A DRUG OFFENSE --

                                 MR. MAGNARELLI:  YES.

                                 MR. GOODELL: -- IN ORDER TO GET A CERTIFICATE OF

                    RELIEF FROM DISABILITIES, WOULD THEN NEED TO ESTABLISH THAT THEIR

                    PREVIOUS DRUG CONVICTION SHOULD NOT AND WOULD NOT AFFECT THEIR ABILITY

                    TO DRIVE SAFELY, CORRECT?

                                 MR. MAGNARELLI:  I WOULD IMAGINE SO.

                                 MR. GOODELL:  SO THE CURRENT PROCESS SAYS IF

                                         170



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    YOU'RE CONVICTED OF A DRUG OFFENSE, YOU'RE PRESUMED NOT TO BE A GOOD

                    DRIVER BECAUSE THERE'S A HIGHER RISK THAT YOU WOULD BE DRIVING WHILE

                    UNDER THE INFLUENCE OF A DRUG UNLESS YOU ESTABLISH THROUGH THE

                    CERTIFICATE OF RELIEF PROCESS THAT IT'S NOT AN ISSUE.  SHOULDN'T WE

                    MAINTAIN THE CURRENT PROCESS THAT PROTECTS ALL THE OTHER INNOCENT DRIVERS

                    AND HAVE THAT REVIEW PROCESS IN PLACE AND MAKE SURE THAT A DRIVER WHO

                    HAS BEEN CONVICTED OF VIOLATING DRUGS IN THE PAST IS CLEAN, DRY AND

                    SOBER BEFORE WE PUT THEM BACK ON THE ROAD AGAIN?

                                 MR. MAGNARELLI:  WELL, I GUESS THERE'S A NUMBER

                    OF DIFFERENT WAYS OF LOOKING AT THAT.  THAT COULD BE ONE, OKAY?  BUT

                    THERE'S ALSO OTHER ORGANIZATIONS THAT FEEL THAT THAT'S NOT THE RIGHT THING

                    TO DO.  THE AMERICAN ASSOCIATION OF MOTOR VEHICLE ADMINISTRATORS

                    FEELS THAT -- SHOWED A REPORT SHOWING THAT SUSPENDING LICENSES FOR

                    REASONS UNRELATED TO HIGHWAY SAFETY IS INEFFECTIVE AND POTENTIALLY

                    INCREASES THREATS TO PUBLIC SAFETY.  THERE'S THE PRISON POLICY INITIATIVE,

                    A NON-PROFIT GROUP HAS STATED THAT, MANDATORY DRIVER'S LICENSE

                    SUSPENSIONS INTRODUCED NEW LEGAL, ECONOMIC AND SOCIAL BARRIERS FOR

                    PEOPLE REENTERING SOCIETY.  SO THERE'S A NUMBER OF THINGS TO LOOK AT

                    HERE, AND THERE ARE ALSO -- YOU'RE MAKING THE ASSUMPTION THAT SOMEONE

                    CONVICTED OF A DRUG OFFENSE WAS ACTUALLY TAKING THE DRUG.  AND THAT

                    MAY NOT NECESSARILY BE THE CASE.

                                 MR. GOODELL:  AGREED.  WHICH IS WHY WE HAVE

                    THE SAFETY VALVE IN THE CURRENT LAW WHICH ALLOWS FOR A CERTIFICATE OF

                    RELIEF FROM DISABILITIES.  MY CONCERN, OF COURSE, IS THAT, YOU KNOW,

                    DRUNK DRIVING OR DRUG DRIVING CERTAINLY IS A LEADING CAUSE, IF NOT ONE OF

                                         171



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    THE HIGHEST LEADING CAUSES, FOR INNOCENT PEOPLE BEING HURT, KILLED OR

                    MAIMED ON OUR HIGHWAYS.  SO, DON'T WE WANT TO ERR ON THE SIDE OF

                    SAFETY FOR THE TRAVELING PUBLIC?

                                 MR. MAGNARELLI:  IF YOU'RE CONVICTED OF DWAI

                    YOU STILL HAVE A SIX-MONTH REVOCATION.

                                 MR. GOODELL:  RIGHT.

                                 MR. MAGNARELLI:  THAT'S STILL THERE.

                                 MR. GOODELL:  RIGHT.  SO MY QUESTION IS, DON'T WE

                    WANT TO ERR ON THE SIDE OF SAFETY FOR THE TRAVELING PUBLIC BY REQUIRING

                    THOSE WHO ARE INVOLVED IN AN ILLEGAL DRUG TRADE OR SALES OR POSSESSION

                    TO DEMONSTRATE THAT THEY'RE CLEAN, DRY AND SOBER BEFORE WE ALLOW THEM

                    TO DRIVE AGAIN ON THE PUBLIC HIGHWAYS?

                                 MR. MAGNARELLI:  WELL, I THINK YOU'RE -- AGAIN,

                    YOU'RE MAKING AN ASSUMPTION THAT THAT IS THE CASE.  AND I'M SAYING

                    THERE ARE OTHER THINGS THAT MAY HAVE TO BE CONSIDERED OR SHOULD BE

                    CONSIDERED AS WELL.  SO WE CAN GO BACK AND FORTH ON THIS ALL DAY LONG.

                    YOU'RE SAYING ONE THING, I'M SAYING THE OTHER.  I THINK WHAT WE'RE

                    SAYING IS THAT THERE ARE OTHER THINGS THAT HAVE TO BE TAKEN INTO

                    CONSIDERATION WITH THESE LAWS, AND I GUESS WE'RE GOING ON THAT SIDE.

                                 MR. GOODELL:  THANK YOU VERY MUCH, MR.

                    MAGNARELLI.

                                 MR. MAGNARELLI:  YOU'RE WELCOME.

                                 MR. GOODELL:  ON THE BILL, SIR.

                                 ACTING SPEAKER AUBRY:  ON THE RESOLUTION,

                    NOT A BILL.

                                         172



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MR. GOODELL:  THANK YOU.

                                 ON THE RESOLUTION.

                                 ACTING SPEAKER AUBRY:  YES, SIR.

                                 MR. GOODELL:  UNFORTUNATELY, WE HAVE LITERALLY

                    THOUSANDS OF INNOCENT NEW YORKERS EVERY YEAR THAT ARE THE VICTIMS OF

                    CAR ACCIDENTS WHERE ONE OF THE LARGEST CONTRIBUTING CAUSES IS THE OTHER

                    DRIVER'S INTOXICATION OR IMPAIRMENT BY DRUGS.  THE FEDERAL POLICY

                    STARTED WITH THE ASSUMPTION THAT THOSE WHO HAVE A FEDERAL DRUG

                    CONVICTION ARE MORE LIKELY TO BE USING THE DRUGS OR CONTRIBUTING TO THE

                    USE OF THE DRUG, WHICH IS CAUSING THOUSANDS OF INNOCENT NEW YORKERS

                    TO BE HURT, KILLED OR MAIMED EVERY YEAR.  WE HAVE A SAFETY VALVE IN THE

                    CURRENT SYSTEM THAT ALLOWS SUCH AN INDIVIDUAL TO APPLY FOR RELIEF FROM

                    DISABILITIES TO DEMONSTRATE THAT THEY ARE NO LONGER SUBJECT TO DRUG

                    ADDICTION AND THAT THEY CAN SAFELY DRIVE ON OUR HIGHWAYS.  THE

                    QUESTION BEFORE US NOW IS DO WE ERR ON THE SIDE OF SAFETY FOR THE

                    INNOCENT PUBLIC THAT'S ON OUR ROAD, OR DO WE ERR ON THE SIDE OF LETTING

                    SOMEONE WHOM WE KNOW HAS BEEN DIRECTLY INVOLVED IN ILLEGAL DRUGS TO

                    CONTINUE TO DRIVE WITHOUT UNDERGOING A REVIEW TO VERIFY THAT THEY ARE

                    NOW CLEAN, DRY AND SOBER.

                                 I WILL BE ERRING ON THE SIDE OF SAFETY AND, THEREFORE,

                    WILL NOT BE SUPPORTING THIS RESOLUTION.  THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  MR. MAGNARELLI.

                                 MR. MAGNARELLI:  MR. CHAIRMAN, ON THE BILL --

                    ON THE RESOLUTION.

                                 ACTING SPEAKER AUBRY:  ON THE RESOLUTION,

                                         173



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    MR. MAGNARELLI.

                                 MR. MAGNARELLI:  JUST TWO THINGS THAT I'D LIKE TO

                    MAKE SURE THAT I STATE HERE BEFORE WE'RE FINISHED.  DATA SHOWS THAT

                    DRIVERS SUSPENDED FOR TRAFFIC SAFETY-RELATED REASONS ARE THREE TIMES

                    MORE LIKELY TO BE INVOLVED IN A CRASH THAN ARE DRIVERS SUSPENDED FOR

                    NON-DRIVING REASONS, AND THAT LIMITED RESOURCES SHOULD BE FOCUSED ON

                    DANGEROUS DRIVERS.  ALSO, JUST AS A MATTER OF FACT, 38 TO 40 STATES HAVE

                    DONE THE SAME THING WE'RE DOING TODAY, AND NO -- AND THEY SHOW NO

                    INCREASE IN IMPAIRED DRIVING.  SO I JUST WANTED TO STATE THAT FOR THE

                    RECORD.

                                 THANK YOU, MR. CHAIRMAN.

                                 ACTING SPEAKER AUBRY:  MR. BARCLAY.

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

                    THE SPONSOR YIELD?

                                 ACTING SPEAKER AUBRY:  MR. MAGNARELLI, WILL

                    YOU YIELD?

                                 MR. MAGNARELLI:  YES.

                                 ACTING SPEAKER AUBRY:  MR. MAGNARELLI

                    YIELDS.

                                 MR. BARCLAY:  THANK YOU, BILL.  I HEARD YOUR

                    DEBATE WITH MR. GOODELL.  I BELIEVE UNDER -- TO GET A COMMERCIAL

                    DRIVER'S LICENSE YOU HAVE TO BE DRUG TESTED, CORRECT?  AND IF YOU FAIL

                    THAT DRUG TEST YOU CAN'T HAVE THE -- DO YOU AGREE WITH THAT?

                                 MR. MAGNARELLI:  YES.

                                 MR. BARCLAY:  BUT WHY WOULDN'T YOU AGREE WITH

                                         174



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    THAT IF IT'S JUST REGULAR DRIVING?  WHAT'S THE DIFFERENCE BETWEEN

                    COMMERCIAL DRIVING UNDER THE INFLUENCE OF DRUGS VERSUS DRIVING A CAR

                    UNDER THE INFLUENCE OF DRUGS?

                                 MR. MAGNARELLI:  BECAUSE WE'RE TALKING ABOUT

                    NOT ONLY DRIVING, WE'RE TALKING ABOUT BEING CONVICTED OF A DRUG OFFENSE

                    THAT HAS NOTHING DO WITH DRIVING.

                                 MR. BARCLAY:  RIGHT, BUT PRESUMABLY IT COULD.  SO

                    WHY MR. GOODELL SAID THE EXACT THING IS WE ALREADY HAVE THE SAFETY

                    VALVE IN THERE.  IT'S NOT LIKE SOMEONE CAN'T GET RELIEF ON THIS.

                                 (PAUSE)

                                 WE CAN GO ONE STEP FURTHER.  HOW ABOUT AN AIRLINE

                    PILOT?  NOTHING TO DO WITH HIS FLYING.  HE HASN'T BEEN CONVICTED OF A

                    DRUG CRIME FOR TAKING DRUGS WHILE HE'S FLYING, BUT HE'S BEEN CONVICTED

                    OF A DRUG CRIME.  I DON'T BELIEVE HE CAN GET A PILOT'S LICENSE.  DO YOU

                    AGREE WITH THAT POLICY?

                                 MR. MAGNARELLI:  I GUESS THE THING THAT I'M

                    GETTING CONFUSED ON WITH THESE QUESTIONS A LITTLE BIT IS THE DIFFERENCE

                    BETWEEN TAKING THE DRUGS AND USING THE DRUGS AND JUST BEING CONVICTED

                    OF A CRIME INVOLVING DRUGS AND NOT TAKING THEM.

                                 MR. BARCLAY:  SO -- UNDERSTOOD.

                                 MR. MAGNARELLI:  OKAY.

                                 MR. BARCLAY:  SO DO YOU BELIEVE IF YOU'RE

                    CONVICTED OF A CRIME OF DRUGS, SOMETHING TO DO WITH DRUGS, YOU SHOULD

                    BE ABLE TO GET YOUR COMMERCIAL DRIVER'S LICENSE OR YOUR AIRLINE PILOT

                    LICENSE?

                                         175



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MR. MAGNARELLI:  NO, YOU WON'T.

                                 MR. BARCLAY:  I KNOW YOU CAN'T, BUT WHAT'S THE

                    DIFFERENCE HERE?

                                 MR. MAGNARELLI:  YOU WON'T.  YOU STILL WON'T.

                                 MR. BARCLAY:  I'M MISSING.  MY POINT IS WHY

                    SHOULD WE ALLOW -- WE DON'T ALLOW THEM TO GET A COMMERCIAL LICENSE,

                    DON'T LET THEM GET A PILOT'S LICENSE, BUT YOU'RE SAYING THEY SHOULD BE

                    ABLE TO GET THEIR DRIVER'S LICENSE.

                                 THANK YOU, MR. SPEAKER.  THANK YOU, MR. MAGNARELLI.

                                 ACTING SPEAKER AUBRY:  ON THE RESOLUTION,

                    THE CLERK WILL RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. ABINANTI TO EXPLAIN HIS VOTE.

                                 MR. ABINANTI:  THANK YOU, MR. SPEAKER.  ON THE

                    FACE OF THE RESOLUTION IT GIVES US THE BACKGROUND AS TO WHY WE'RE DOING

                    THIS.  IT INDICATES THAT THE SECRETARY OF TRANSPORTATION IS REQUIRED TO

                    WITHHOLD 8 PERCENT OF THE STATE'S HIGHWAY-RELATED FUNDS UNLESS THE

                    STATE DOES ONE OF TWO THINGS, WHICH IS EITHER AN ACT OF LAW WHICH

                    WOULD REQUIRE A SIX-MONTH SUSPENSION OR REVOCATION OF THE DRIVER'S

                    LICENSE OF AN INDIVIDUAL CONVICTED OF A DRUG-RELATED MATTER, OR

                    ALTERNATIVELY, PASS A RESOLUTION EXPRESSING THE OPPOSITION TO THE

                    ENACTMENT OF SUCH LAW.  SO WHAT WE ARE DOING TODAY IS COMPLYING WITH

                    THE FEDERAL STATUTE BY -- BY SHOWING OUR OPPOSITION TO THIS PARTICULAR

                    LAW.  IT HAS BEEN DETERMINED BY OUR COMMITTEE AND OTHERS WHO HAVE

                    WORKED WITH THEM THAT THIS LAW IS UNJUST.  JUST BECAUSE SOMEONE IS

                                         176



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    CONVICTED PERHAPS OF POSSESSION OF DRUGS, DOESN'T MEAN THAT THEY

                    SHOULD BE DENIED THE RIGHT TO DRIVE.  SO WHAT WE'RE DOING TODAY IS

                    COMPLYING WITH THE FEDERAL STATUTE, SAYING WE DISAGREE WITH THIS.  AND

                    I'M EXPECTING THAT WHAT WE'RE GOING TO DO EVENTUALLY IS AMEND OUR LAW

                    TO DO AWAY WITH THAT OTHER REQUIREMENT WHICH IS CLEARLY MORE IN LINE

                    WITH THE TYPES OF THINGS WE'RE TRYING TO DO AS AN ASSEMBLY TO ALLOW

                    PEOPLE TO FULLY PARTICIPATE IN OUR COMMUNITY AND NOT HAVE UNREALISTIC

                    RESTRICTIONS PLACED ON THEM SO THAT THEY CANNOT WORK IN OUR

                    COMMUNITY, CANNOT SEE THEIR FAMILIES AND -- AND FREELY TRAVEL IN OUR

                    COMMUNITY.

                                 SO I RISE TO SUPPORT THIS RESOLUTION, AND I COMMEND

                    THE SPONSOR FOR SETTING IT BEFORE US.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MR. RAIA.

                                 MR. RAIA:  THANK YOU, MR. SPEAKER.  JUST TO QUICKLY

                    EXPLAIN MY VOTE.  WE HAVE TWO CHOICES:  ONE, PASS A -- A -- A PIECE OF

                    LEGISLATION THAT CODIFIES WHAT THE FEDS WANT OR EXPRESS OUR OPPOSITION

                    TO IT.  I HAPPEN TO THINK WE SHOULD BE DOING THE OPPOSITE AND PASSING A

                    RESOLUTION.  WHETHER YOU'RE CONVICTED OF POSSESSION OF DRUGS, BUT MORE

                    IMPORTANTLY, SELLING OF DRUGS.  SUFFOLK COUNTY HAS ONE OF THE HIGHEST

                    DRUNK DRIVING, DRUG DRIVING RATES IN THE STATE, IF NOT IN THE COUNTRY.  I

                    DON'T THINK PEOPLE SHOULD BE REWARDED THAT MAY HAVE BEEN BUSTED FOR

                    SELLING DRUGS OUT OF THEIR CAR BY GIVING THEM THEIR LICENSE BACK.  SO I

                    WOULD HOPE WE'D TAKE A CLOSER LOOK AT THIS AND -- AND DO THE RIGHT THING

                    AND SEND A STRONG MESSAGE TO THOSE THAT -- THAT SELL DRUGS, PARTICULARLY

                                         177



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    HEROIN, THAT THERE'S GOING TO BE MORE CONSEQUENCES THAT COME THAN JUST

                    JAIL TIME, POTENTIALLY.

                                 THANK YOU.  I VOTE IN THE NEGATIVE.

                                 ACTING SPEAKER AUBRY:  MR. MONTESANO TO

                    EXPLAIN HIS VOTE.

                                 MR. MONTESANO:  THANK YOU, MR. SPEAKER.  FOR

                    THE REASONS SET EFFORTS BY MY COLLEAGUES, ESPECIALLY MOST RECENTLY FROM

                    MY COLLEAGUE FROM SUFFOLK COUNTY, I'LL BE VOTING NO.  AND I JUST -- TO

                    ADDRESS MY COLLEAGUE FROM WESTCHESTER, IT'S ALWAYS BEEN THE RULE IN

                    THIS STATE AND UPHELD BY THE COURTS THAT A DRIVER'S LICENSE IS A PRIVILEGE

                    AND NOT A RIGHT, AND WHEN YOU'RE CONVICTED OF CERTAIN OFFENSES, YOU

                    LOSE THAT PRIVILEGE TO OPERATE A MOTOR VEHICLE IN THIS STATE.

                                 THANK YOU.

                                 ACTING SPEAKER AUBRY:  ARE THERE ANY OTHER

                    VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE RESOLUTION IS ADOPTED.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, IF WE CAN

                    NOW TURN OUR ATTENTION TO PAGE 4 - WE'RE STILL ON OUR BUDGET BILLS --

                    WE'RE AT RULES REPORT NO. 43, AND IT IS ON DEBATE BY MEMBER

                    WEINSTEIN.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MS.

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

                    ADVANCED.  (A.02005-C)

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MR. BARCLAY.

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

                    THE CHAIRWOMAN YIELD?

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN, WILL

                    YOU YIELD?

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

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN

                    YIELDS.

                                 MR. BARCLAY:  THANK YOU, HELENE.  NOW THAT

                    WE'VE BEEN AT THIS FOR SEVERAL HOURS, I JUST WONDERED IF YOU COULD GIVE

                    THE HOUSE AN UPDATE OF WHERE WE STAND ON -- I THINK WHEN WE TALKED

                    FIRST THIS MORNING WE STILL HAD THREE -- THREE BILLS AND WE HADN'T SEEN

                    THE AID TO LOCALITIES YET, BUT I -- THAT'S -- I THINK WE'VE SEEN THAT.

                    WHERE ARE WE ON THE OTHER THREE?  STATE OPS, REVENUE AND

                    LEG/JUDICIARY?

                                 MS. WEINSTEIN:  I BELIEVE THERE -- WELL, I KNOW

                    THAT THE REVENUE WAS PRINTED AND STATE OPS WAS PRINTED AND LEGI/JUDI

                    WAS PRINTED.

                                 MR. BARCLAY:  OKAY.

                                 MS. WEINSTEIN:  SO I THINK WE ARE --

                                 MR. BARCLAY:  WELL YOU'RE GOING TO TAKE A BREAK

                    HERE SO WE CAN DIGEST THOSE; IS THAT CORRECT?

                                 MS. WEINSTEIN:  I -- I THINK AFTER WE DO SOME OF

                    THIS, DEPENDING HOW FAST THIS GOES.

                                 MR. BARCLAY:  THAT'S GOOD.  THAT'S THE RIGHT

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    DIRECTION.  HOW ABOUT THE FACT THAT WE'RE STILL A LITTLE BIT IN THE DARK

                    WITH THE FINANCIAL PLAN.  HOW DO WE STAND ON THAT?  IS THAT IN THE

                    WORKS, TOO?

                                 MS. WEINSTEIN:  AS WE -- AS WE MOVE ALONG TO

                    REVENUE, WE'LL BE ABLE TO ADDRESS THAT, AND A LOT OF THE

                    INTENTIONALLY-OMITTED ITEMS THAT MR. RAIA CARED ABOUT.

                                 MR. BARCLAY:  ALL RIGHT.  THANK YOU,

                    CHAIRWOMAN.  TO MOVE TO THE SPECIFICS ON THIS BILL.

                                 MS. WEINSTEIN:  SURE.

                                 MR. BARCLAY:  AIM FUNDING IS A BIG ISSUE WHERE I

                    LIVE.  WE'VE HEARD A LOT ABOUT IT SINCE THE GOVERNOR FIRST PROPOSED HIS

                    CUT TO AIM, AND THEN YOU'LL RECALL HE CAME OUT AND SAID, ALL RIGHT, I'M

                    GOING TO RESTORE AIM, BUT GOOD NEWS, COUNTIES, YOU CAN PAY FOR IT OUT

                    OF THE SUPPOSED SALES TAX, NEW SALES TAX REVENUE YOU'RE GOING TO GET.  I

                    NOTICED AIM IS NOT IN THIS BILL.  COULD YOU PROVIDE AN UPDATE WHERE

                    THAT STANDS?  I ASSUME WE'RE GOING TO SEE IT IN FUTURE BILLS.

                                 MS. WEINSTEIN:  IT WAS INTENTIONALLY OMITTED FROM

                    THIS BILL.  IT WILL BE IN THE REVENUE BILL, AND WE HAVE RESTORED THE $59

                    MILLION THAT THE -- THE $59 MILLION WILL -- FOR AIM WILL BE FOR THE TOWNS

                    AND VILLAGES THAT ARE -- WERE OMITTED FROM THE GOVERNOR'S ORIGINAL

                    BUDGET WILL BE PROVIDED FOR.

                                 MR. BARCLAY:  AND HOW -- WHO -- THE STATE'S

                    GOING TO PAY FOR THAT, OR IS THAT GOING TO BE OUT OF THE REVENUE THAT THE

                    COUNTY RAISES THROUGH SALES TAX?

                                 MS. WEINSTEIN:  WELL, I'M -- I'M SURE WE'LL HAVE A

                                         180



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    FURTHER DISCUSSION WHEN WE GET THERE, BUT IT WILL BE THROUGH SALES TAX

                    REVENUES THAT COME INTO THE STATE THAT WILL BE INTERCEPTED AND THEN

                    GIVEN TO THE -- DISBURSED TO THE TOWNS AND VILLAGES.

                                 MR. BARCLAY:  OKAY, THANK YOU.  SIMILARLY, WE

                    MAY HAVE A DISCUSSION ON THIS LATER, REAL PROPERTY TAX --

                                 MS. WEINSTEIN:  CORRECT.

                                 MR. BARCLAY:  -- AND MAKING THE CAP PERMANENT.

                    AGAIN, INTENTIONALLY OMITTED.

                                 MS. WEINSTEIN:  YES.

                                 MR. BARCLAY:  WE'RE GOING TO SEE THAT LATER IN A

                    BILL?

                                 MS. WEINSTEIN:  YES.  YES, WE WILL.

                                 MR. BARCLAY:  COULD YOU GIVE US A LITTLE SNEAK

                    PEEK OF WHAT WE'RE GOING TO BE LOOKING FORWARD TO SEEING IN THAT?  IS IT

                    -- IS IT IN THERE?

                                 MS. WEINSTEIN:  I THINK IT'S BEEN WIDELY REPORTED

                    THAT THERE WILL BE A PERMANENT PROPERTY TAX CAP.

                                 MR. BARCLAY:  YOU KNOW, IT JUST LEADS ME TO

                    THINK THIS BUDGET, FOR BETTER OR WORSE, IS REALLY THE GOVERNOR'S BUDGET.

                    IS THERE -- IS THERE -- WHAT DIDN'T THE GOVERNOR GET IN THIS BUDGET SO FAR?

                                 MS. WEINSTEIN:  THERE WERE -- THERE WERE A

                    NUMBER OF PLACES WHERE WE AMENDED SOME OF THE LANGUAGE THAT THE --

                    THE GOVERNOR PRESENTED WHERE WE RESTORED.  WE ALREADY TALKED ABOUT

                    SOME OF -- THE PRIOR TWO BILLS, RESTORATIONS THAT -- THAT WE MADE; SOME

                    OF THE HIGHER EDUCATION OPPORTUNITY PROGRAMS, REDUCED LUNCHES.  AND

                                         181



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    AS WE GO FORWARD, EVEN IN THIS BILL, THERE ARE ADDITIONS THAT -- OR

                    CHANGES THAT WE MADE, AND THERE'S PLACES WHERE WE REDUCED.  WHERE

                    WE OMITTED INTENTIONALLY AND NOT RETURNING PROVISIONS IN THE

                    GOVERNOR'S -- GOVERNOR'S BILL.

                                 MR. BARCLAY:  I'LL BE SURE TO KEEP MY EYES PEELED

                    FOR THOSE GOING FORWARD.  THE LAST QUESTION, AND I THINK MY COLLEAGUES

                    ARE GOING TO SPEND A LITTLE MORE TIME ON IT - IT'S BIG FOR US UPSTATE - THE

                    PRISON CLOSURE.  THERE SEEMS TO BE SOME CONFUSION AROUND HERE.  THIS

                    BILL ALLOWS THE GOVERNOR, WITH NOTICE TO THE LEGISLATURE WITHIN 60 DAYS,

                    TO CLOSE TWO PRISONS.  THERE'S SOME RUMOR OUT THERE.

                                 MS. WEINSTEIN:  WELL, IT -- IT -- WE -- WE CHANGED

                    IT TO 90.  IT'S 90 DAYS.

                                 MR. BARCLAY:  EXCUSE ME, 90 DAYS.

                                 MS. WEINSTEIN:  TWO PRISONS, UP TO THREE PRISONS,

                    AND WE PROVIDE -- WE BELIEVE THIS PROVIDES A SAVINGS OF $22 MILLION IN

                    --

                                 MR. BARCLAY:  I'M SORRY.  I CAN'T HEAR YOU.

                                 MS. WEINSTEIN:  $22 MILLION IN THIS YEAR -- THIS

                    YEAR'S BUDGET, AND $35 MILLION IN THE OUT YEARS.

                                 MR. BARCLAY:  RELATED TO CLOSURE.

                                 MS. WEINSTEIN:  RELATED TO THE CLOSURE, YES.

                                 MR. BARCLAY:  SO HOW MANY -- THIS BILL, HOW

                    MANY PRISONS, WITH NOTICE, CAN THE GOVERNOR CLOSE?

                                 MS. WEINSTEIN:  TWO IN -- IN THIS BILL, TWO.  THERE

                    ACTUALLY WILL BE A CHAPTER AMENDMENT THAT WILL ALLOW FOR UP TO THREE.

                                         182



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MR. BARCLAY:  AND WHAT'S THE THINKING BEHIND -- I

                    MEAN, THE GOVERNOR ALREADY HAS THE ABILITY -- HE HAS TO GIVE LONGER

                    NOTICE, I SUPPOSE.  HE ALREADY HAS THE ABILITY TO CLOSE PRISONS.  WHY ARE

                    WE SPEEDING UP THIS PROCESS?

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

                    LUCKILY, IN OUR STATE THE CRIME RATE HAS BEEN REDUCING OVER THE YEARS.

                    THE PRISON POPULATION HAS REDUCED FROM ITS PEAK IN 1999 OF 73,000 TO

                    APPROXIMATELY 47,000 INMATES IN 2019.  AT THE MOMENT WE HAVE

                    10,000 VACANT BEDS IN -- IN OUR SYSTEM, WHICH IS MORE THAN IS NEEDED

                    FOR ANY KIND OF EMERGENCY SITUATION.  SO THAT'S -- THAT'S THE RATIONALE.

                                 MR. BARCLAY:  THANK YOU, CHAIRWOMAN.  I THINK

                    YOU'LL HEAR SOME OTHER THOUGHTS ON THAT GOING FORWARD.  AGAIN, MY

                    THINKING IS WE HAVE A SYSTEM IN PLACE.  THERE'S NO NEED TO DO

                    LEGISLATION TO SPEED THE WHOLE PROCESS UP.  CLEARLY, YOU HAVE A

                    DIFFERENT VIEWPOINT ON THAT.  BUT THANK YOU VERY MUCH FOR YOUR

                    COMMENTS ON THIS BILL.

                                 THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. NORRIS.

                                 MR. NORRIS:  THANK YOU, MR. SPEAKER.  WOULD THE

                    -- WOULD THE MADAM CHAIRWOMAN YIELD FOR SOME QUESTIONS?

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

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN

                    YIELDS.

                                 MR. NORRIS:  MADAM CHAIRWOMAN, I'M GOING TO

                                         183



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    FOCUS MANY OF MY QUESTIONS IN THE PORTION OF THIS BILL THAT DEALS WITH

                    ELECTIONS.

                                 MS. WEINSTEIN:  OKAY.

                                 MR. NORRIS:  IN TERMS OF PRIMARY DAY VOTING, IT'S

                    MY UNDERSTANDING THAT THERE'S LANGUAGE CONTAINED WITHIN THIS BILL THAT

                    WOULD MANDATE THAT VOTING IS FROM 6:00 A.M. TO 9:00 P.M. STATEWIDE.

                                 MS. WEINSTEIN:  YES.

                                 MR. NORRIS:  WHAT IS THE EFFECTIVE DATE OF THAT

                    IMPLEMENTATION?

                                 MS. WEINSTEIN:  YES.  SO, IT'S 120 DAYS AFTER THE

                    JANUARY IT BECOMES LAW.  SO, 2020 ELECTIONS AND 2020 -- 120 DAYS AFTER

                    JANUARY 1ST.

                                 MR. NORRIS:  WOULD THAT INCLUDE THE PRESIDENTIAL

                    PRIMARY NEXT YEAR?

                                 MS. WEINSTEIN:  RIGHT.  I -- I -- YOU KNOW, I DON'T

                    BELIEVE WE HAVE A PRIMARY DATE SET YET, SO TO BE -- TO BE CONTINUED.

                                 MR. NORRIS:  GREAT.  MAYBE THAT SHOULD BE TAKEN

                    INTO CONSIDERATION WHEN LOOKING AT THIS LANGUAGE GOING FORWARD.

                                 MS. WEINSTEIN:  CERTAINLY WE COULD.

                                 MR. NORRIS:  MY QUESTION, THEN, WE HAVE PASSED

                    EARLY VOTING IN NEW YORK STATE, CORRECT?

                                 MS. WEINSTEIN:  YES.

                                 MR. NORRIS:  AND THAT WILL TAKE PLACE STARTING WITH

                    THIS GENERAL ELECTION --

                                 MS. WEINSTEIN:  THIS ELECTION.

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MR. NORRIS:  -- COMING UP?

                                 MS. WEINSTEIN:  CORRECT.

                                 MR. NORRIS:  CORRECT?  FOR AN EIGHT-DAY PERIOD,

                    FROM MY UNDERSTANDING.  TEN DAYS PRIOR TO THE SECOND DAY PRIOR TO A

                    GENERAL ELECTION, RIGHT?

                                 MS. WEINSTEIN:  ACTUALLY, I BELIEVE IT'S NINE DAYS,

                    BUT CORRECT, IN ADVANCE OF THE ELECTION.

                                 MR. NORRIS:  EIGHT OR NINE.  I'LL GIVE YOU THAT.  SO

                    IT'S SOMEWHERE IN THAT.  SO, AN INDIVIDUAL COULD GO AND VOTE, EARLY

                    VOTING, SOMEWHERE WITHIN THEIR COUNTY FOR THAT PERIOD OF TIME.

                                 MS. WEINSTEIN:  YES.

                                 MR. NORRIS:  IS IT ALSO ACCURATE THAT WE HAVE TAKEN

                    STEPS TO IMPLEMENT NO EXCUSE ABSENTEE VOTING BY PASSING THE FIRST

                    PHASE OF THE CONSTITUTIONAL AMENDMENT?

                                 MS. WEINSTEIN:  I -- I'M SORRY.  I WAS A LITTLE

                    DISTRACTED.

                                 MR. NORRIS:  HAVE WE TAKEN STEPS, THIS BODY, TO

                    VOTE ON A CONSTITUTIONAL AMENDMENT TO ALLOW FOR NO EXCUSE ABSENTEE

                    VOTING?

                                 MS. WEINSTEIN:  YES.

                                 MR. NORRIS:  OKAY.

                                 MS. WEINSTEIN:  I MEAN, WE DID, THOUGH IT WAS

                    JUST FIRST PASSAGE.

                                 MR. NORRIS:  THAT'S FAIR ENOUGH.  SO WE'VE GOT A --

                    WE'VE GOT A TWO-YEAR PERIOD, POTENTIALLY, FOR THAT TO BE CONCLUDED.

                                         185



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MS. WEINSTEIN:  CORRECT.

                                 MR. NORRIS:  ALL RIGHT.  I UNDERSTAND THAT IN THIS

                    BILL, THERE IS A PROVISION THAT WOULD ALLOW AN EMPLOYEE FOR THREE HOURS

                    OF TIME OFF TO GO OUT AND VOTE IN ANY ELECTION.

                                 MS. WEINSTEIN:  CORRECT.  IT -- IT EXPANDS FROM THE

                    CURRENT TWO HOUR -- TWO HOURS TO THREE HOURS.

                                 MR. NORRIS:  TWO HOURS TO THREE HOURS.

                                 MS. WEINSTEIN:  RIGHT.  IT ADDS AN ADDITIONAL HOUR.

                                 MR. NORRIS:  OKAY.  TIME OFF, DOES THAT -- IS THAT

                    PAID TIME OFF?

                                 MS. WEINSTEIN:  I -- I BELIEVE WE SAY WITHOUT LOSS

                    OF PAY, SO -- SO THAT IT'S -- THAT'S EXISTING LAW FOR THE TWO HOURS WITHOUT

                    LOSS OF PAY.  SO WE ADDED AN ADDITIONAL HOUR, SO THAT IS ALSO WITHOUT

                    LOSS OF PAY, THAT ADDITIONAL HOUR.

                                 MR. NORRIS:  ALL RIGHT.  I JUST WANT TO BE VERY CLEAR.

                    FOR ALL OF THE SMALL BUSINESS OWNERS OUT THERE IN NEW YORK STATE, DO

                    THEY HAVE TO PAY AN EMPLOYEE FOR THREE HOURS OF TIME TO GO OUT AND

                    VOTE?

                                 MS. WEINSTEIN:  YES.  YOU KNOW, IT DOESN'T

                    CHANGE.  SO THEY HAVE TO PAY CURRENTLY THE TWO HOURS, THEY WOULD HAVE

                    TO PAY FOR THE THREE HOURS.

                                 MR. NORRIS:  OKAY.

                                 MS. WEINSTEIN:  YOU KNOW, ASSUMING THAT --

                    DEPENDING IN DIFFERENT LOCATIONS IT MAY NOT TAKE THAT LONG TO, YOU

                    KNOW, TO VOTE.  IT'S -- IT'S FOR THE INTENTION OF VOTING.  IT'S NOT A THREE-

                                         186



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    HOUR PAID, YOU KNOW, PAID BREAK TIME ON ELECTION DAY.

                                 MR. NORRIS:  OKAY.  IT'S MY UNDERSTANDING THAT

                    UNDER THE CURRENT LAW THAT IF AN INDIVIDUAL HAS FOUR HOURS FROM THE

                    BEGINNING OF THE POLLING SITE, OPENING AT 6:00 A.M., UNTIL THEIR SHIFT

                    STARTS, THEN THAT PROVISION WOULD NOT APPLY UNDER CURRENT LAW.  OR AT

                    THE END.  IF THERE'S A FOUR-HOUR PERIOD AT THE END OF THE SHIFT AND DAY.

                                 MS. WEINSTEIN:  YOU'RE CORRECT, BUT THIS BILL

                    REPEALS THAT.

                                 MR. NORRIS:  OKAY.  NOW, I JUST WANTED TO MAKE

                    SURE THAT THIS WOULD -- THIS WOULD -- FOR THE EMPLOYEES WOULD INCLUDE

                    CRITICAL CARE PEOPLE WHO ARE VERY IMPORTANT -- NURSES, DOCTORS, NURSING

                    HOME PEOPLE WHO TAKE CARE OF OUR ELDERLY.

                                 MS. WEINSTEIN:  IT -- IT DOESN'T MAKE ANY

                    DISTINCTION BETWEEN THE TYPE OF EMPLOYEE.

                                 MR. NORRIS:  SO -- SO EVERYBODY.  SCHOOL TEACHERS

                    -- I JUST WANT TO READ OFF THE LIST -- FIREFIGHTERS, CORRECTIONS OFFICERS,

                    SMALL BUSINESS OWNERS WHO MAY ONLY HAVE TWO OR THREE EMPLOYEES

                    WHO WORK AT THEIR PLACE, AGRICULTURAL WORKERS, FARMERS.  I MENTIONED

                    TEACHERS.  SO ALL THESE INDIVIDUALS COULD GET UP TO THREE HOURS OF PAID

                    TIME OFF TO VOTE?

                                 MS. WEINSTEIN:  YES, THEY COULD GET PAID -- THAT

                    PAID TIME OFF.  AGAIN, IT'S FOR THE PURPOSE OF VOTING.  IT'S NOT A THREE-

                    HOUR VACA -- PAID VACATION.  AND SO MANY OF THE PEOPLE THAT --

                    PROFESSIONS THAT YOU DESCRIBED ARE PEOPLE WHO I KNOW ARE VERY

                    DEDICATED, AND IF THEY ARE ABLE TO VOTE WITHOUT MAKING USE OF THAT TIME

                                         187



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    OFF, THEY DO CURRENTLY AND THEY WILL CONTINUE TO DO THAT WITHOUT HAVING

                    TO MAKE USE OF THIS PROVISION.  BUT FOR SOME PEOPLE, THEY DO NEED THIS

                    PROVISION OF -- OF TIME OFF.

                                 MR. NORRIS:  YES.  OKAY.  WILL THERE HAVE TO BE A

                    VERIFICATION, LIKE A DOCTOR'S SLIP FROM THE ELECTION WORKER FOR THEIR

                    EMPLOYER TO VERIFY?  IS THERE A PROVISION THAT -- CAN THE EMPLOYER ASK

                    FOR A SLIP, PROOF?

                                 MS. WEINSTEIN:  THE CURRENT STATUTE DOESN'T TALK TO

                    THAT, AND WE DON'T MAKE A CHANGE.  WE DON'T CHANGE THE LAW AS REGARDS

                    TO THAT.

                                 MR. NORRIS:  I SEE.  OKAY.  WILL THIS APPLY FOR

                    EVERY ELECTION?

                                 MS. WEINSTEIN:  YES.

                                 MR. NORRIS:  SO THAT WOULD BE SCHOOL BOARD

                    ELECTIONS?

                                 MS. WEINSTEIN:  ON SCHOOL BOARD ELECTIONS, WE

                    MIGHT HAVE TO CHECK BECAUSE WE'RE TALKING ABOUT ELECTION LAW AND

                    WE'RE JUST NOT SURE.  I THINK -- UNFORTUNATELY, I'M NOT SURE I'LL BE ABLE TO

                    GET YOU AN ANSWER IMMEDIATELY AS TO WHETHER SCHOOL BOARD ELECTIONS

                    ARE COVERED OR NOT.

                                 MR. NORRIS:  THAT -- THAT'S FINE.  LET ME JUST POINT

                    OUT A COUPLE MORE, AND WHEN YOU'RE DOING YOUR RESEARCH, IF SOMEONE

                    COULD LET ME KNOW FROM YOUR STAFF I WOULD APPRECIATE THAT.

                                 MS. WEINSTEIN:  SURE.

                                 MR. NORRIS:  WOULD THAT INCLUDE FIRE DISTRICT

                                         188



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    ELECTIONS, VILLAGE ELECTIONS, PRIMARY ELECTIONS, SPECIAL ELECTIONS, LIBRARY

                    ELECTIONS, SPECIAL CAPITAL REFERENDUMS FOR BONDS?  THIS IS LIKE,

                    POTENTIALLY, TEN ELECTIONS.

                                 MS. WEINSTEIN:  SO WE -- WE DO THINGS THAT ARE

                    ONLY COVERS ELECTIONS UNDER THE ELECTION LAW, SO THAT LIST THAT YOU

                    DESCRIBED, WOULD NOT BE INCLUDED IN THIS PROVISION.

                                 MR. NORRIS:  OKAY, THANK -- THANK YOU VERY -- SO, A

                    SPECIAL ELECTION, THOUGH, A PRIMARY ELECTION, THEY WOULD BE UNDER THE

                    ELECTION LAW FOR SURE.

                                 MS. WEINSTEIN:  YES, CORRECT.

                                 MR. NORRIS:  OKAY.  NOW, WOULD ONLY REGISTERED

                    VOTERS BE ENTITLED TO TAKE THIS TIME OFF?

                                 MS. WEINSTEIN:  YES.

                                 MR. NORRIS:  OKAY.  AND WILL THERE BE -- AND I

                    WANTED TO ASK THIS AGAIN ON THE RECORD, WILL THE EMPLOYERS BE ABLE TO

                    VERIFY IN SOME WAY THAT THEY'RE ACTUALLY A REGISTERED VOTER?

                                 MS. WEINSTEIN:  I DON'T BELIEVE THAT THERE ARE

                    PROVISIONS THAT CURRENTLY EXIST TO -- TO THAT, AND THEY WOULD -- WE DON'T

                    CHANGE THAT IN THIS LEGISLATION.

                                 MR. NORRIS:  OKAY.  WILL THIS APPLY FOR INDIVIDUALS

                    WHO MAY VOTE BY EARLY VOTING IF THEY WANT TO TAKE THREE HOURS TO GO

                    AND EARLY VOTE?

                                 (PAUSE)

                                 MS. WEINSTEIN:  WE DO THINK THAT IT COULD APPLY TO

                    SOMEONE ON AN EARLY VOTING DAY WOULD TAKE THE TIME TO GO AND VOTE,

                                         189



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    EARLY VOTING.

                                 MR. NORRIS:  SO IT COULD APPLY FOR A EARLY VOTER TO

                    GO AND VOTE.  WHAT IF THEY CHANGED THEIR MIND AND THEY WANT TO GO TO

                    THE VOTING BOOTH ON ELECTION DAY?  DO THEY GET A -- A DOUBLE CHANCE TO

                    GO FOR THREE HOURS OF PAID TIME?

                                 MS. WEINSTEIN:  YOU -- YOU GET ONE THREE-HOUR.

                    YOU GET ONE THREE-HOUR.

                                 MR. NORRIS:  OKAY.  ALL RIGHT.  ONE MORE QUESTION

                    ON THAT TOPIC.  WOULD IT APPLY FOR AN ABSENTEE VOTER WHO WANTS TO GET

                    ONE OF THOSE NO EXCUSE ABSENTEE VOTERS IN THE FUTURE -- BALLOTS?

                                 MS. WEINSTEIN:  IT -- IT DOES NOT SPEAK TO ABSENTEE

                    VOTERS, SO I WOULD -- MY BEST ANSWER WOULD BE THAT IT ONLY COVERS IN-

                    PERSON VOTING.

                                 MR. NORRIS:  OKAY.  I HAVE ANOTHER QUESTION.

                    WHERE -- IS THERE ANYTHING IN THIS BUDGET THAT WOULD PROVIDE EMPLOYERS

                    WITH A TAX CREDIT FOR LOST WAGES TO ALLOW THESE VOTERS TO GO VOTE DURING

                    THEIR WORKDAY?

                                 MS. WEINSTEIN:  THE SAME WAY THAT THE -- NO, THE

                    SAME WAY THAT THERE ISN'T SOMETHING THAT CURRENTLY EXISTS FOR THE TWO-

                    HOUR WINDOW.

                                 MR. NORRIS:  IS THERE A SUNSET PROVISION FOR THIS

                    SECTION TO ALLOW FOR THE THREE HOURS OF VOTING?

                                 MS. WEINSTEIN:  NO.

                                 MR. NORRIS:  OKAY.  AND THE REASON WHY I ASK IF

                    THERE'S A SUNSET PROVISION IS BECAUSE WE HAVE TAKEN ACTIONS IN THIS

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    BODY TO IMPLEMENT EARLY VOTING FOR A PERIOD OF EIGHT OR NINE DAYS PRIOR

                    TO ELECTION DAY, WHICH GIVES VOTERS AMPLE OPPORTUNITY TO GO OUT

                    DURING THOSE DAYS TO VOTE.  AND IT ALSO -- WE'VE TAKEN STEPS -- THIS ONE I

                    SUPPORTED VERY PROUDLY -- FOR NO EXCUSE ABSENTEE VOTING.  SO THAT

                    WAS THE REASON WHY I ASKED IF THERE WAS A SUNSET PROVISION MAYBE

                    THROUGH JANUARY OF 2021 -- I'M SORRY, DECEMBER OF 2021 ON THIS

                    PARTICULAR TOPIC, BUT THERE'S NOT.

                                 MS. WEINSTEIN:  THERE IS NOT, BUT LIKE ANY OTHER

                    LAW IN NEW YORK STATE, WE CAN ALWAYS COME BACK AND REVISIT IT IF THERE

                    IS A NEED TO.

                                 MR. NORRIS:  GREAT.  THAT'S SOMETHING THAT MAYBE

                    YOU AND I CAN LOOK AT TOGETHER.

                                 OKAY.  IN TERMS OF ELECTRONIC POLL BOOKS, I NOTICED

                    THAT THERE'S SOME PROVISIONS THAT WILL ALLOW FOR THE ABILITY OF ELECTRONIC

                    POLL BOOKS IN THE STATE OF NEW YORK.

                                 MS. WEINSTEIN:  CORRECT.

                                 MR. NORRIS:  ARE THE LOCAL BOARD OF ELECTIONS

                    REQUIRED TO HAVE THESE ELECTRONIC POLL BOOKS IN THEIR COUNTIES?

                                 MS. WEINSTEIN:  NO, THEY'RE NOT.  IT'S A --

                    PERMISSIVE LANGUAGE.

                                 MR. NORRIS:  OKAY.  AND IN TERMS OF THE SECURITY OF

                    THESE POLL BOOKS AT THE LOCATIONS, WILL THEY BE CONNECTED TO THE INTERNET

                    WHEREAS IT COULD BE SUBJECT TO SOME SORT OF ATTACK?

                                 MS. WEINSTEIN:  THEY -- THE POLL BOOKS WILL BE --

                    THEY WILL BE CERTIFIED BY CERTIFIED -- APPROVED BY THE BOARD OF

                                         191



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    ELECTIONS, AND THOSE ISSUES OF CYBER ATTACK WILL BE ADDRESSED IN TERMS

                    OF APPROVING INDIVIDUAL POLL -- ELECTRONIC POLL BOOKS.

                                 MR. NORRIS:  SO WHEN WE'RE VOTING ON THIS BUDGET

                    - JUST TO BE CLEAR - WE'RE GOING TO LEAVE IT TO THE STATE BOARD OF

                    ELECTIONS TO DETERMINE WHETHER OR NOT THESE ELECTRONIC POLL BOOKS WILL

                    BE CONNECTED TO THE INTERNET?

                                 MS. WEINSTEIN:  RIGHT.  THE BOARD HAS TO HAVE

                    SUFFICIENT SECURITY MEASURES.  THERE'S RULES ABOUT THAT.  AND IT'S SIMILAR

                    TO WHAT WE DID WHEN WE ORIGINALLY -- WITH THE HELP AMERICA VOTE ACT,

                    OR THE HAVA VOTE -- HAVA ACT WHERE THE BOARD DETERMINED CERTAIN

                    -- GAVE COUNTIES IN THAT INSTANCE THE REVIEW OF THE MACHINES THAT ARE

                    OUT THERE, AND THEY GAVE CHOICE OF -- LOCALITIES A CHOICE OF MACHINES,

                    BUT THEY'RE ALL APPROVED BY THE BOARD.  THE BOARD HAS THAT EXPERTISE TO

                    MAKE THESE DETERMINATIONS.

                                 MR. NORRIS:  OKAY.  THAT -- THAT WOULD BE FOR, LIKE,

                    THE GENERAL ELECTION.  I JUST WANT TO POINT THIS OUT ON THE RECORD.  FOR

                    THE EARLY VOTING SITES - AND THERE WILL BE IN SOME COUNTIES UP TO SEVEN

                    OF THESE EARLY VOTING SITES - DO YOU KNOW IF THOSE EARLY VOTING

                    ELECTRONIC POLL BOOKS WILL ACTUALLY BE CONNECTED TO THE INTERNET SO

                    WHEN INDIVIDUALS ARE VOTING AT POLL PLACE A, WE KNOW THEY DON'T GO

                    AND VOTE AN HOUR LATER AT POLL PLACE B?

                                 MS. WEINSTEIN:  THERE'S NOT A REQUIREMENT THAT

                    THEY BE CONNECTED.  IT'S POSSIBLE THAT THEY MAY BE, BUT THAT WOULD BE --

                    UNDER STANDARDS THAT THE STATE BOARD WOULD SET UP TO -- THAT WOULD

                    PROVIDE FOR APPROPRIATE SECURITY IN THOSE POLLING -- ELECTRONIC POLLING

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    BOOKS.

                                 MR. NORRIS:  ALL RIGHT.  LET'S JUST ASSUME AT THE

                    POLLING SITE THE COUNTY BOARD OF ELECTIONS ELECTS TO HAVE ELECTRONIC

                    POLLING SITES, WILL THERE BE A BACKUP LIST OF REGISTERED VOTERS THERE IN

                    PAPER FORM IN CASE THERE'S SOME SORT OF AN EVENT THAT CAUSES THAT POLL

                    BOOK TO BE UNUSED?

                                 MS. WEINSTEIN:  WE ACTUALLY -- THE LANGUAGE --

                    EXCUSE ME -- THE LANGUAGE ACTUALLY -- THE LANGUAGE ACTUALLY REQUIRES

                    SOME AMOUNT OF REDUNDANCY, SO I WOULD ASSUME THERE WOULD BE.

                                 MR. NORRIS:  OKAY.  AND THEN IN TERMS OF THE TYPE

                    OF DEVICE THAT WILL BE USED WHEN AN INDIVIDUAL GOES IN TO SIGN ON AN

                    ELECTRONIC POLL BOOK, WILL IT BE LIKE WHEN WE GO TO THE STORE AND WE

                    SIGN WITH OUR CREDIT CARD?

                                 MS. WEINSTEIN:  MOST -- MOST OF THE EXISTING --

                    WE'RE NOT INVENTING THE WHEEL.  THESE -- THESE DO EXIST IN OTHER STATES,

                    AND THAT IS HOW THEY OPERATE.

                                 MR. NORRIS:  I SEE THAT MY TIME HAS EXPIRED ON THIS

                    ROUND.  I MAY BE BACK.  BUT THANK YOU VERY MUCH, MADAM

                    CHAIRWOMAN, FOR ANSWERING MY QUESTIONS.

                                 THANK YOU, MR. CHAIRMAN.

                                 ACTING SPEAKER BLAKE:  THANK YOU, MR.

                    NORRIS.

                                 MR. PALMESANO.

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

                    WILL THE CHAIRWOMAN YIELD FOR SOME QUESTIONS, PLEASE?

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MS. WEINSTEIN:  YES.

                                 ACTING SPEAKER BLAKE:  THE CHAIR YIELDS.

                                 MR. PALMESANO:  THANK YOU, MS. WEINSTEIN.

                    FIRST, I KNOW THAT ONE OF THE INTENTIONALLY-OMITTED ITEMS IN THE BUDGET,

                    IN THIS BUDGET BILL, WAS RELATIVE TO SPECIAL HOUSING UNITS OR SEGREGATED

                    UNITS IN CORRECTIONAL FACILITIES.  IS THAT PERMANENTLY OMITTED, OR IS THAT

                    SOMETHING THAT'S GOING TO COME BACK UP LATER ON IN ONE OF THE OTHER

                    BUDGET BILLS?

                                 MS. WEINSTEIN:  WE WILL NOT BE SEEING THAT LATER

                    ON TODAY, TONIGHT.

                                 MR. PALMESANO:  OKAY, GREAT.  I WANTED -- A

                    COUPLE OF QUESTIONS THAT I KIND OF -- I WANT TO ASK YOU TO SEE IF YOU

                    HAVE ANY IDEA, AND THEN I PROMISE I'LL GET BACK TO WHY I'M -- I'LL BRING IT

                    BACK TO THAT POINT.

                                 MS. WEINSTEIN:  SURE.

                                 MR. PALMESANO:  BUT, YOU WOULD AGREE THAT

                    CONTRABAND IN OUR -- OUR CORRECTIONAL FACILITIES IS A PROBLEM THAT NEEDS

                    TO BE ADDRESSED WITH ONE WAY OR ANOTHER; WOULDN'T YOU AGREE?  DRUGS

                    GETTING INTO OUR PRISONS THAT INMATES ARE GETTING THEIR HANDS ON.

                                 MS. WEINSTEIN:  YOU KNOW, I -- I THINK IT'S A

                    CONTINUING ISSUE THAT DOCS ADDRESSES ON A DAILY BASIS.

                                 MR. PALMESANO:  DO YOU KNOW WHAT -- IN 2013

                    HOW MANY SEIZED CONTRABAND ITEMS WE HAD?

                                 MS. WEINSTEIN:  NO, I -- I COULDN'T TELL YOU THE

                    ANSWER TO THAT QUESTION.

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MR. PALMESANO:  ABOUT 2,712.  AND IN 2017 WE

                    HAD 4,124, OR 66 PERCENT.  ISN'T THAT A SIGNIFICANT INCREASE?  WOULD YOU

                    AGREE WITH THAT?  OF DRUGS BEING FOUND IN OUR PRISONS AND IN INMATES'

                    POSSESSION IS SUCH A -- ISN'T THAT -- ISN'T THAT A SERIOUS ISSUE THAT WE

                    HAVE TO ADDRESS?  WOULDN'T YOU AGREE?

                                 MS. WEINSTEIN:  I -- YOU KNOW, I DON'T HAVE THE

                    LUXURY OF HAVING THE DATA THAT YOU'RE REFERRING TO, SO I REALLY COULDN'T

                    COMMENT ON IT.

                                 MR. PALMESANO:  FAIR ENOUGH.  IN THIS BUDGET

                    BILL, IS THERE ANY DOLLARS TO HELP -- HELP STOP THE FLOW OF CONTRABAND

                    GETTING INTO OUR PRISONS?  WHETHER IT'S TECHNOLOGY OR SCREENING,

                    WHETHER IT'S THE USE OF MORE DRUG DOGS OR A -- A MAIL VENDING PROGRAM

                    TO STOP DRUGS FROM GETTING INTO OUR FACILITIES.  DO WE HAVE ANYTHING IN

                    THIS BUDGET THAT WILL HELP STOP DRUGS GETTING INTO OUR PRISONS?

                                 MS. WEINSTEIN:  WE DON'T ADD ANYTHING IN THIS

                    BUDGET.  THERE ARE PROCEDURES THAT DOCS CURRENTLY HAS IN PLACE TO TRY

                    AND IDENTIFY CONTRABAND COMING IN.

                                 MR. PALMESANO:  YEAH, BECAUSE EVEN -- EVEN

                    ACCORDING TO DOCS' OWN NUMBERS, THE -- THE NUMBER OF POSITIVE DRUG

                    TESTS HAPPENING, IN 2017 THEY DID RANDOM DRUG TESTS TO OVER 84,000

                    INMATES, AND 5,500 OF THEM, OR 6.51 PERCENT OF THOSE, TESTED POSITIVE

                    FOR DRUG USE IN THE PRISONS.  SO THAT'S A PROBLEM.  AND CONTRABAND IS

                    GETTING INTO OUR PRISONS THAT WE NEED TO ADDRESS.  THAT'S WHY,

                    HOPEFULLY -- HONESTLY, WE'RE NOT SEEING ANY MORE RESOURCES IN THIS

                    BUDGET FOR THAT.  WE SEE IT FOR OTHER THINGS, BUT NOT FOR THIS.  I THINK

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    THAT'S PROBLEMATIC.

                                 NOW, THIS LANGUAGE IN THIS PARTICULAR BILL SAYS UP TO

                    TWO PRISONS.  AND I KNOW PROBABLY WHEN YOU WERE NEGOTIATING THIS,

                    YOU SAID, WELL, WE'RE GOING TO SAVE A THIRD PRISON, SO WE'LL GIVE THE

                    GOVERNOR THE TWO PRISONS FOR 90 DAYS INSTEAD OF MAKING THEM -- SO

                    YOU'RE PROBABLY THINKING WE'LL SAVE ONE PRISON BY DOING THAT

                    NEGOTIATION, CORRECT, WHEN YOU WERE DOING IT?

                                 MS. WEINSTEIN:  YOU KNOW, AS I MENTIONED IN

                    ANSWERING MR. BARCLAY, THE -- ORIGINALLY THE DISCUSSION WAS TWO

                    PRISONS.

                                 MR. PALMESANO:  RIGHT.

                                 MS. WEINSTEIN:  WE WENT TO THE 90 DAYS INSTEAD

                    OF THE -- IT WAS 60 ORIGINALLY, WE ADDED THE EXTRA 30 DAYS.  THOUGH

                    THERE IS -- WE WILL BE SEEING A CHAPTER AMENDMENT TO THIS IN THE

                    REVENUE BILL THAT SAYS UP TO THREE, BUT WE'VE BEEN TOLD THAT THEY'RE

                    LOOKING AT TWO DURING THIS YEAR, BUT WANTED THE AUTHORITY FOR THE THIRD.

                                 MR. PALMESANO:  SO WE'RE BASICALLY GOING TO

                    HAVE THREE PRISON CLOSURES.  SO, BEFORE THE --

                                 MS. WEINSTEIN:  I JUST SAID TWO.  IT WOULD GIVE THE

                    AUTHORITY FOR THREE, BUT WE'VE BEEN TOLD TWO.

                                 MR. PALMESANO:  RIGHT.  BUT BEFORE THE INK WAS

                    EVEN DRIED ON THIS, WE ALREADY GAVE THE GOVERNOR WHAT HE WANTED

                    FROM THE GET-GO.  AND INSTEAD OF GIVING HIM -- RIGHT NOW YOU SAY -- SO

                    NOW YOU GIVE HIM A 90-DAY WINDOW.  WOULDN'T YOU ADMIT, WHEN

                    THERE'S A PRISON CLOSURE IT'S DEVASTATING TO A LOCAL COMMUNITY, FOR THOSE

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    PEOPLE WHO HAVE TO BE RELOCATED OR LOSE THEIR JOBS, IN AND OF ITSELF, IS A

                    DEVASTATION TO A LOCAL COMMUNITY.  I KNOW YOU -- YOU'RE GOING --

                    PEOPLE SAY IT'S NOT A JOBS PROGRAM, BUT YOU HAVE TO ADMIT, WHEN A

                    PRISON CLOSES IN A COMMUNITY, IT'S DEVASTATING TO THAT COMMUNITY.

                    WOULD YOU NOT AGREE?

                                 MS. WEINSTEIN:  THERE -- WE'RE -- WE'RE BEING TOLD

                    THAT THERE WOULD NOT BE A LOSS OF -- THAT PEOPLE -- THERE WOULD NOT BE A

                    -- A LOSS OF -- OF JOBS AS A RESULT OF THIS, IN THAT PEOPLE COULD TRANSFER TO

                    OTHER -- OTHER POSITIONS.  THERE'S A -- A TREMENDOUS AMOUNT OF ATTRITION

                    THAT HAPPENS ON AN ANNUAL BASIS IN THE PRISON -- IN THE DOCS SYSTEM,

                    SO THAT --

                                 MR. PALMESANO:  BUT A PRISON --

                                 MS. WEINSTEIN:  PEOPLE WILL NOT LOSE -- PEOPLE

                    HAVE OPPORTUNITIES TO -- TO STAY WITHIN THE DOCS -- AS A DOCS

                    EMPLOYEE --

                                 MR. PALMESANO:  I UNDERSTAND THEY ALWAYS SAY

                    THAT NO ONE'S GOING TO LOSE A JOB.  BUT, A PRISON CLOSING IN A COMMUNITY

                    IS DEVASTATING TO THAT COMMUNITY, IS IT NOT?

                                 MS. WEINSTEIN:  WELL, THERE -- THERE ARE

                    COMMITMENTS THAT WHEN PRISONS CLOSE, THE -- THEY HAVE TO LOOK AT

                    ALTERNATIVE USES FOR THAT FACILITY.  AND THAT IS WHAT HAS HAPPENED IN -- IN

                    SOME OTHER AREAS.

                                 MR. PALMESANO:  RIGHT.  I STILL HAVE A -- A SHOCK

                    FACILITY IN MY DISTRICT FROM SEVERAL YEARS AGO THAT THEY HAVEN'T DONE

                    ANYTHING WITH.  THEY CAN'T DO ANYTHING WITH.  SO, IT'S DEVASTATING TO

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    THAT COMMUNITY.  CAN YOU NOT AGREE THAT A PRISON CLOSURE IN A

                    COMMUNITY IS DEVASTATING TO THAT PARTICULAR COMMUNITY?  "YES" OR

                    "NO"?

                                 MS. WEINSTEIN:  YOU KNOW, I THINK WHEN ANY

                    EMPLOYER CLOSE -- ANY EMPLOYER IN A COMMUNITY CLOSES, IT'S GOING TO

                    IMPACT --

                                 MR. PALMESANO:  EXACTLY.

                                 MS. WEINSTEIN:  -- IT WILL HAVE AN IMPACT, AND THEN

                    THE QUESTION IS, DO WE WANT -- THAT'S WHY THERE IS A DESIRE TO FIND

                    ALTERNATIVE USES FOR THESE -- FOR THESE FACILITIES AND, YOU KNOW,

                    UNDERSTANDING THAT THERE IS AN IMPACT IN THE COMMUNITY.

                                 MR. PALMESANO:  SO WE KNOW THE GOVERNOR

                    WANTED TO CLOSE THREE PRISONS AT THE BEGINNING.  YOU GUYS AGREED TO

                    TWO AT THE -- IN THE MIDDLE, AND THEN IT WAS ALREADY ADDED UP TO THREE.

                    SO, INSTEAD OF A NORMAL PROCESS NOW WE HAVE FOR A PRISON CLOSURE --

                                 MS. WEINSTEIN:  RIGHT.

                                 MR. PALMESANO:  -- IT WOULD BE A ONE-YEAR

                    NOTIFICATION, RIGHT?  UNDER CURRENT LAW.

                                 MS. WEINSTEIN:  RIGHT.

                                 MR. PALMESANO:  BUT THIS MAKES IT 90 DAYS.  SO,

                    NOW, NOT ONLY ARE YOU DISRUPTING A COMMUNITY BY TAKING AWAY A

                    FACILITY, NOW, FOR THOSE FAMILIES WHO MIGHT NOT LOSE A JOB BUT MIGHT

                    HAVE TO MOVE SIX HOURS AWAY, INSTEAD OF HAVING A YEAR TO PREPARE FOR IT,

                    YOU'RE SAYING, YOU ONLY HAVE 90 DAYS TO PREPARE FOR IT.  SO, NOT ONLY

                    YOU -- IS IT AN INSULT -- IS IT AN INSULT, YOU'RE ADDING INSULT TO THE INJURY

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    OF THE CLOSURE AND NOT GIVING THE FAMILIES THE TIME THEY NEED TO ADJUST

                    WITH THAT TRANSFORMATION.  SO, NOW WE'RE JUST SAYING -- GIVING THE

                    GOVERNOR EXACTLY WHAT HE WANTED FROM THE GET-GO, BEFORE THE INK EVEN

                    DRIED ON -- ON THE TWO, WE CAVED AND GAVE HIM ANOTHER PRISON, IN 90

                    DAYS THEY COULD CLOSE THESE THINGS DOWN, WHICH WILL BE DEVASTATING TO

                    THAT COMMUNITY, IT WILL BE DEVASTATING TO THAT FAMILY, CORRECT?

                    WOULDN'T YOU AGREE THAT'S GOING TO BE DEVASTATING TO THAT COMMUNITY

                    AND DEVASTATING TO THAT FAMILY, HAVE TO DEAL WITH THAT ALL WITHIN A

                    90-DAY PERIOD RATHER THAN A -- AT LEAST A YEAR TO DEAL WITH IT, RIGHT?

                                 MS. WEINSTEIN:  YES, IT'S HARDER, 90 DAYS VERSUS A

                    YEAR.  THIS ISN'T SOMETHING NEW -- NEW AND UNIQUE.  WE HAVE DONE THIS

                    BEFORE.  AND, YOU KNOW, WE -- WE DO KNOW THAT, YOU KNOW, THAT THERE

                    -- IT HAS AN IMPACT.  I WOULD AGREE THAT NOT EVERYBODY CAN RELOCATE EVEN

                    IF THEY'RE GIVEN THE OPPORTUNITY TO DO SO, YOU KNOW.  BUT I WOULD JUST

                    RESTATE WHAT I SAID EARLIER TO MR. BARCLAY, THERE ARE APPROXIMATELY

                    10,000 EMPTY BEDS IN THE NEW YORK STATE PRISON SYSTEM, WE'RE PAYING

                    TO KEEP THESE FACILITIES OPEN WITH EMPTY BEDS.  SO, WE -- YOU KNOW,

                    WE'RE SPENDING NEEDED STATE RESOURCES ON MAINTAINING THESE EMPTY

                    BEDS THAT WE DON'T NEED.  AND CLEARLY, THE --  THE TREND IS GOING DOWN --

                                 MR. PALMESANO:  DOES -- DOES --

                                 MS. WEINSTEIN:  DOING NOTHING, WE'LL END UP WITH

                    MORE EMPTY BEDS.

                                 MR. PALMESANO:  DOES THIS BUDGET DO ANYTHING

                    TO ELIMINATE AND END THE DANGEROUS PRACTICE OF DOUBLE-BUNKING AND

                    DOUBLE-CELLING?  BECAUSE I KNOW YOU MENTIONED 10,000 BEDS, BUT WE

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    KNOW THERE'S NEARLY 7,000, RIGHT NOW, ACTIVE TOP BEDS IN THE SYSTEM.

                    SO, DOES THIS BUDGET DO ANYTHING TO ELIMINATE THE DANGEROUS PRACTICE OF

                    DOUBLE-BUNKING AND DOUBLE-CELLING, WHICH WE -- WE KNOW IS INHUMANE

                    FOR INMATES.  IT'S USED IN MAXIMUM SECURITY PRISONS, IT'S USED IN

                    MEDIUM SECURITY PRISONS.  IS THERE ANYTHING TO ELIMINATE THE

                    DOUBLE-BUNKS AND DOUBLE-CELLS IN THIS BUDGET PRESENT -- PROPOSAL OR ARE

                    WE JUST TAKING THE -- THE CLOSURES AND SAYING, THAT'S IT?

                                 MS. WEINSTEIN:  RIGHT.  WE -- WE THINK THAT

                    THEY -- BY THE WAY, WE THINK THAT THEY ARE LOOKING AT MEDIUM --

                    MEDIUM PRISONS, WHICH HAVE THE MOST EMPTY BEDS.  AND IN MEDIUM

                    PRISONS, THERE ARE... 3,000 -- RIGHT NOW A TOTAL OF 3,189 DOUBLE-BUNK

                    BEDS.  AND SOME OF THE REASON WHY THEY KEEP THE -- THE DOUBLE-BUNK,

                    IT'S REALLY NOT A -- A PERMANENT FIXTURE, THEY -- THEY WANT TO KEEP A

                    CERTAIN NUMBER OF BEDS EMPTY IN ANY GIVEN FACILITY -- HAVE -- HAVE A

                    CERTAIN NUMBER OF BEDS AVAILABLE.  AS SOON AS THE BED BECOMES

                    AVAILABLE, THE INMATE LEAVES THE TOP BUNK, AND THE TOP BUNK IS ONLY ON

                    THE -- THE FAR END OF THE DORMITORY-STYLE PRISONS.

                                 MR. PALMESANO:  DO WE KNOW WHAT TYPE OF

                    FACILITIES WE'RE LOOKING -- THE GOVERNOR IS LOOKING TO CLOSE?  MAXIMUM

                    SECURITY FACILITIES, MEDIUM?  SHOCK FACILITIES?  WHICH ONES?

                                 MS. WEINSTEIN:  WE -- WE THINK THEY'RE MEDIUM,

                    BUT WE HAVEN'T -- IT HASN'T BEEN 100 PERCENT CONFIRMED.

                                 MR. PALMESANO:  OKAY.

                                 MS. WEINSTEIN:  AND THOSE ARE THE -- AS I SAID,

                    THOSE ARE -- THEY HAVE OVER -- ALMOST 4,400 EMPTY -- EMPTY BEDS IN

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    MEDIUM FACILITIES IN OUR STATE.

                                 MR. PALMESANO:  I WANT TO ASK YOU ANOTHER

                    QUESTION.  ANOTHER ISSUE, I TALKED ABOUT THE DRUG USE IN OUR PRISONS, IS

                    THE VIOLENCE THAT'S OCCURRED IN OUR PRISONS.  DO YOU KNOW HOW MUCH

                    FROM -- SINCE 2013, WHEN THESE PRISON CLOSURES HAVE BEEN GOING PRETTY

                    -- ONGOING, FROM 2013, WHAT THE INCREASE IN ASSAULTS INMATE -- ON

                    INMATE -- INMATE-ON-STAFF ASSAULTS HAS INCREASED FROM 2013 TO 2018?

                                 MS. WEINSTEIN:  I DON'T KNOW THAT NUMBER, BUT

                    WHY DON'T I JUST TALK ABOUT THIS PAST YEAR.  THERE WERE 1,033 ASSAULTS

                    COMMITTED BY INMATES AGAINST STAFF IN -- IN 2018.  OF THAT 1,033, 1,019

                    OF THEM INVOLVED NO INJURIES AT ALL.  CLASSIFICATION OF AN ASSAULT IN

                    PRISON IS DIFFERENT THAN WHAT MOST PEOPLE THINK OF AS ASSAULT UNDER THE

                    GENERAL -- UNDER THE PENAL LAW.  THIRTY-THREE -- I MEAN, 303 OF -- OF

                    THOSE ASSAULTS WERE CLASSIFIED AS MINOR, MEANING A SCRATCH OR A -- A

                    BRUISE.  AN ASSAULT CAN BE THROWING A CUP AT A -- A CUP AT AN OFFICER

                    WITHOUT ANY -- THAT'S WHAT A LOT OF, YOU KNOW -- OR TOUCHING WITHOUT

                    INJURY, AND THERE WERE ONLY 11 ASSAULTS THAT REQUIRED ACTUAL MEDICAL

                    TREATMENT.

                                 MR. PALMESANO:  WELL, FROM 2013 TO 2018,

                    ASSAULTS -- INMATE-ON-STAFF ASSAULTS HAVE INCREASED FROM 645 TO 973, OR

                    OVER 50 PERCENT.  I KNOW YOU SAID THAT, WELL, THAT COULD BE SOMEBODY

                    THROWING A CUP.  BUT IT CAN ALSO BE AN INMATE SPITTING, IT CAN ALSO BE AN

                    INMATE THROWING FECES ON A CORRECTIONS OFFICER, AN INMATE EXPOSING

                    THEMSELVES.  THAT'S THE TYPE OF THING THAT HAPPENS.  THOSE ARE ASSAULTS

                    THAT ARE GOING ON.  ALSO, INMATE-ON-INMATE ASSAULTS ARE UP FROM 767 TO

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    1,164, OR UP OVER 50 PERCENT.  SO, THIS HAS ALL HAPPENED SINCE THESE

                    PRISON CLOSURES HAVE ALL STARTED AND IT'S CREATED A POWDERKEG

                    ENVIRONMENT IN OUR FACILITIES.

                                 MADAM CHAIRWOMAN, THANK YOU VERY MUCH --

                                 MS. WEINSTEIN:  SURE.

                                 MR. PALMESANO:  -- FOR YOUR TIME.

                                 MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. PALMESANO:  MR. SPEAKER, MY COLLEAGUES,

                    I'M VERY, VERY FRUSTRATED BY THIS PRISON CLOSURE PLAN.  YOU KNOW, WHEN

                    I SAW THERE WAS TWO PRISONS AND I THINK -- I CAN UNDERSTAND THE

                    THINKING MIGHT BE, WELL, YOU KNOW WHAT?  WE'LL SAVE ONE OF THE

                    FACILITIES.  BUT BEFORE THE INK'S EVEN DRIED ON THIS BILL, YOU ALREADY

                    CAME TO THIS GOVERNOR AND GIVEN HIM WHAT HE WANTS AGAIN, ALLOW FOR

                    THE THIRD PRISON CLOSURE.  AND INSTEAD OF ALLOWING -- IF YOU JUST WENT

                    THROUGH THE NORMAL PROCESS, AT LEAST THOSE FAMILIES AND THOSE

                    COMMUNITIES AND THOSE FACILITIES WILL LEAST HAVE A YEAR TO PLAN FOR THAT.

                    A WHOLE YEAR.  BUT NOW THEY'RE GOING TO BE TOLD TO UP AND MOVE AND

                    RELOCATE IN 90 DAYS IF THEY HAVE TO GO TO ANOTHER FACILITY.  THIS

                    GOVERNOR WANTS TO TAKE CREDIT FOR THE NUMBER OF PRISONS HE'S CLOSED

                    DURING HIS TENURE, BUT HE HAS FAILED TO TAKE RESPONSIBILITY AND CREDIT FOR

                    THE POWDERKEG ENVIRONMENT THAT HE HAS CREATED IN OUR CORRECTIONAL

                    FACILITIES.  I JUST GAVE YOU THE STATISTICS FROM 2013 TO 2018.  INMATE-ON-

                    STAFF ASSAULTS ARE UP OVER 50 PERCENT.  INMATE-ON-INMATE STAFF --

                    INMATE-ON-INMATE ASSAULTS ARE UP OVER 50 PERCENT AS WELL.  AND THEN

                                         202



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    BEFORE WE EVEN LOOK TO CLOSE DOWN ONE CORRECTIONAL FACILITY, WE SHOULD

                    BE FIRST ELIMINATING THE DANGEROUS PRACTICE OF DOUBLE-BUNKING AND

                    DOUBLE-CELLING INMATES.  WE KNOW THERE'S OVER THOUSANDS OF BEDS AND

                    THERE ARE 6-, 7,000 DOUBLE-BUNKS AND DOUBLE-CELLS IN OUR FACILITIES.

                    WHY NOT GET RID OF THOSE FIRST?  BECAUSE THERE IS A PRESSURE COOKER

                    ENVIRONMENT GOING INTO THIS -- THESE FACILITIES.  WITH THE POLICIES THAT

                    THIS ADMINISTRATION CONTINUES TO IMPLEMENT WITH THE PRISON CLOSURES,

                    LOOKING TO RESTRICT THE USE OF SHUS - SPECIAL HOUSING UNITS - LOOKING

                    TO STOP A MAIL VENDOR PROGRAM THAT STOPS KEEPING THE DRUGS FROM

                    COMING INTO OUR FACILITIES, NOT DEPLOYING DRUG DOGS IN OUR CORRECTIONAL

                    FACILITIES, RECLASSIFICATION OF DANGEROUS PRISONERS FROM MAXIMUM

                    SECURITY FACILITIES TO MEDIUM SECURITY FACILITIES.  DRUGS ARE RUNNING

                    RAMPANT IN OUR -- IN OUR CORRECTIONAL FACILITIES.  IT'S CREATED A VERY

                    DANGEROUS ENVIRONMENT.

                                 LADIES AND GENTLEMEN, I SEE OFTENTIMES, ONE OF OUR

                    CORRECTIONS OFFICERS IS BEING ASSAULTED OR BEATEN OR SPIT AT OR THROW --

                    HAVE FECES THROWN AT THEM.  STUFF LIKE THAT HAPPENS DAILY IN OUR

                    PRISONS.  AND WE'RE NOT SHOWING THEM THAT WE HAVE THEIR BACK.  YOU

                    KNOW, THIS BODY ALWAYS SAYS THEY STAND UP FOR OUR UNIONS, WELL, HERE

                    WE HAVE SOME UNIONS THAT ARE OUR CORRECTIONS OFFICERS, AND INSTEAD OF

                    AT LEAST PUSHING BACK ON THIS ADMINISTRATION AND SAYING, ENOUGH IS

                    ENOUGH, WE GIVE HIM A CARTE BLANCHE 90 DAYS TO CLOSE DOWN ANY PRISON

                    HE WANTS.  IF WE COULD AT LEAST WOULD'VE PUSHED BACK AND SAID, NO,

                    WE'RE NOT GOING TO ACCEPT THIS PRISON CLOSURE, HE STILL COULD'VE DONE IT,

                    BUT IT WOULD'VE HAD TO TAKE A YEARLONG PROCESS INSTEAD OF 90 DAYS.

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    NOW, WE KNOW WHEN A PRISON CLOSES IN A COMMUNITY, IT'S -- IT'S

                    DEVASTATING TO THAT LOCAL COMMUNITY.  IT'S DEVASTATING TO THAT FAMILY.

                    YES, THEY MIGHT HAVE ANOTHER JOB AVAILABLE FOR THEM, BUT THAT JOB

                    MIGHT BE SIX HOURS AWAY, AND THEY MIGHT HAVE TO UPROOT THEIR FAMILIES

                    AND RELOCATE.  NINETY DAYS NOW VERSUS A YEAR?  THIS IS AN -- THIS IS

                    ADDING INSULT TO INJURY TO OUR BRAVE MEN AND WOMEN WHO WORK IN OUR

                    CORRECTIONAL FACILITIES DOING A VERY DANGEROUS JOB, MY COLLEAGUES.  I

                    DON'T UNDERSTAND THE RATIONAL BEHIND -- RATIONALE BEHIND IT, BUT THIS

                    ADMINISTRATION, AS MUCH AS THEY WANT TO KEEP BOASTING ABOUT THE

                    PRISONS THEY'RE CLOSING, THEY HAVE TO TAKE OWNERSHIP WITH THE RISE IN

                    VIOLENCE THAT'S GOING ON IN OUR CORRECTIONS FACILITIES BECAUSE OF THE

                    POWDERKEG DANGEROUS ENVIRONMENT THEY'RE CREATING WITH THEIR POLICIES

                    AND WITH THESE CLOSURES.

                                 FOR THIS REASON, AND FOR MANY OTHERS, I'M GOING TO BE

                    VOTING NO ON THIS BILL, AND I URGE MY COLLEAGUES TO DO THE SAME.

                                 ACTING SPEAKER AUBRY:  MR. MONTESANO.

                                 MR. MONTESANO:  THANK YOU, MR. SPEAKER.

                    WOULD THE CHAIRWOMAN YIELD?

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN, WILL

                    YOU YIELD?

                                 MS. WEINSTEIN:  YES.

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN

                    YIELDS.

                                 MS. WEINSTEIN:  HAPPY TO.

                                 MR. MONTESANO:  THANK YOU.  I JUST HAVE

                                         204



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    QUESTIONS IN TWO CATEGORIES.  THERE'S SOMETHING IN THE -- IN THE BILL

                    ABOUT OGS EMERGENCY CONSTRUCTION AUTHORITY.  I THINK IT EXTENDS THE

                    AUTHORITY OF THE OGS TO PERFORM EMERGENCY CONSTRUCTION WITHOUT

                    COMPETITIVE BIDDING, AND I THINK IT CHANGES THE AMOUNT.  COULD YOU TELL

                    US WHAT THE CURRENT AMOUNT IS, AND WHAT IT'S CHANGING IT TO?

                                 MS. WEINSTEIN:  IT -- IT'S CURRENTLY $600,000, WE'RE

                    CHANGING IT TO $1.5 MILLION.

                                 MR. MONTESANO:  SO, WE'RE -- WE'RE GOING TO

                    ALLOW THEM TO GO OUT AND SPEND MONEY ON CONSTRUCTION UP TO $1.5

                    MILLION WITH NO COMPETITIVE BIDDING?

                                 MS. WEINSTEIN:  IT -- IF THERE -- IF THERE IS AN

                    EMERGENCY THAT -- IT GETS THEM ADDITIONAL --

                                 MR. MONTESANO:  WELL, WHAT WOULD CONSTITUTE AN

                    EMERGENCY FOR OFFICE OF GENERAL SERVICES?  THAT WOULD -- THAT WOULD

                    REQUIRE THEM TO SPEND $1.5 MILLION.

                                 MS. WEINSTEIN:  IT COULD BE WATER DAMAGE -- WE'RE

                    TALKING ABOUT PRISONS -- IT COULD BE ASBESTOS ABATEMENT THAT NEEDS TO

                    TAKE PLACE IN A FACILITY WHERE PEOPLE ARE -- PEOPLE ARE LIVING.

                    SOMETHING THAT CAN'T -- CAN'T WAIT TO GO THROUGH THE NORMAL... THE

                    NORMAL PROCESS.  I THINK THE ORDINARY NEEDING OF AN -- OF AN EMERGENCY

                    REPAIR.

                                 MR. MONTESANO:  AND HOW -- AND HOW WAS THIS

                    NEW NUMBER OF $1.5 MILLION FROM $600,000 DETERMINED?  WAS THERE A

                    STUDY DONE?  WAS THERE A HEARING CONDUCTED?  WAS THERE A SPECIFIC

                    REQUEST FROM OGS?

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MS. WEINSTEIN:  WELL, ACTUALLY, THE GOVERNOR HAD

                    ASKED FOR $2 MILLION, AND WE SETTLED AT -- TO GO UP TO $2 MILLION, WE

                    SETTLED AT THE $1.5- --

                                 MR. MONTESANO:  WELL, I -- AND THAT I CAN

                    APPRECIATE.  BUT -- BUT STILL, WHAT WAS THE JUSTIFICATION FOR THE INCREASE

                    IN THIS AMOUNT OF MONEY?  IT HAD TO COME FROM SOMEWHERE.

                                 MS. WEINSTEIN:  IF -- WELL, THE -- THEY HAVE --

                    EVERY TIME THEY GO OVER THIS CURRENT $600,000, THEY HAVE TO GO BACK TO

                    THE COMPTROLLER FOR ADDITIONAL AUTHORITY, AND THIS HAS CREATED --

                                 MR. MONTESANO:  BUT --

                                 MS. WEINSTEIN:  -- DELAYS IN RESPONDING --

                                 MR. MONTESANO:  BUT THAT GIVES THE --

                                 MS. WEINSTEIN:  -- TO THE EMERGENCIES.

                                 MR. MONTESANO:  BUT THAT'S -- BUT THAT GIVES THE

                    COMPTROLLER OVERSIGHT OVER THE EXPENDITURE OF STATE FUNDS.  SO, UP TO

                    $600,000 THEY HAVE A FREE HAND, AND THEN AFTER THAT, THE COMPTROLLER

                    HAS TO STICK HIS NOSE INTO IT IF THEY'RE GOING BACK FOR MORE MONEY.  AND

                    WOULDN'T WE WANT THE -- THE COMPTROLLER TO EXERCISE OVERSIGHT OVER THE

                    SPENDING OF OUR FUNDS?

                                 MS. WEINSTEIN:  YOU KNOW, I'D -- I WOULD JUST

                    RESPOND THAT THESE ARE EMERGENCY -- EMERGENCY REPAIRS, AND THE COSTS

                    HAVE -- HAVE GONE UP AND THERE ARE SITUATIONS WHERE THE ADDED DELAY

                    WOULD NOT BE BENEFICIAL TO MAKING THE REPAIRS.

                                 MR. MONTESANO:  ALL RIGHT.  THANK YOU.  AND THE

                    NEXT CATEGORY IS IN LABOR.  AND I KNOW THERE'S BEING -- SOME

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    MODIFICATIONS BEING MADE TO THE WORKERS' COMPENSATION MEDICAL

                    PROVIDERS.

                                 MS. WEINSTEIN:  YES.

                                 MR. MONTESANO:  AND WE'RE GOING TO ALLOW SOME

                    NEW TYPES OF PROVIDERS TO -- TO OPERATE UNDER WORKERS' COMPENSATION.

                                 MS. WEINSTEIN:  CORRECT.

                                 MR. MONTESANO:  COULD YOU TELL ME SPECIFICALLY

                    WHAT THOSE NEW AREAS OF PRACTICE ARE?

                                 MS. WEINSTEIN:  YES.  SO, WE'RE GOING TO EXPAND

                    THE LIST OF MEDICAL PROFESSIONALS AUTHORIZED TO PROVIDE MEDICAL CARE

                    AND TREATMENT.  PROVIDERS INCLUDE ACUPUNCTURISTS, NURSE PRACTITIONERS

                    AND LICENSED CLINICAL SOCIAL WORKERS.

                                 MR. MONTESANO:  CLINICAL SOCIAL WORKERS?

                                 (SIDEBAR)

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

                                 MR. MONTESANO:  THAT'S OKAY.  YOU SAID CLINICAL

                    SOCIAL WORKERS?

                                 MS. WEINSTEIN:  LICENSED CLINICAL SOCIAL WORKERS,

                    YES.

                                 MR. MONTESANO:  OKAY.  CURRENTLY, DO WE PERMIT

                    PSYCHOLOGISTS TO ACCEPT WORKERS' COMPENSATION?

                                 MS. WEINSTEIN:  YES.

                                 MR. MONTESANO:  OKAY.  AND WHAT WOULD BE THE

                    FUNCTION OF A SOCIAL WORKER IN A WORKERS' COMPENSATION CASE?

                                 MS. WEINSTEIN:  IF ADDITIONAL BEHAVIORAL HEALTH

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    SERVICES AND -- SOMETIMES YOU CAN FIND A SOCIAL WORKER WHERE YOU

                    COULDN'T FIND A PSYCHOLOGIST.  AND THEY'RE LIKE A NURSE PRACTITIONER

                    WHO'S LESS EXPENSIVE THAN A PHYSICIAN.  A LICENSED SOCIAL WORKER HAS --

                    HAS LOWER FEES THAN A PSYCHOLOGIST.

                                 MR. MONTESANO:  WELL, IT -- IT'S JUST -- SO, MY

                    CONCERN IS, WE'RE GOING TO PROVIDE SERVICES TO PEOPLE WITH INJURIES OR

                    ILLNESSES THAT REQUIRE THE SERVICES OF A LICENSED PRACTITIONER, AND WE'RE

                    GOING TO PAY FOR THEM THE WORKERS' COMPENSATION.  I ASSUME, AT LEAST

                    FROM MY PERSPECTIVE, WE WOULD LIKE THEM TO RECEIVE THE BEST CARE.

                    AND IT SEEMS LIKE THAT WE WATERED DOWN THAT CARE LIKE -- SO, INSTEAD OF

                    A PHYSICIAN TREATING THEM, WE ENCOURAGE A NURSE PRACTITIONER, OR,

                    INSTEAD OF A PSYCHOLOGIST TREATING THEM, WE GO TO A SOCIAL WORKER.  AND

                    I JUST CAN'T, IN MY MIND, UNDERSTAND WHERE A SOCIAL WORKER FITS IN.  AND

                    ESPECIALLY IN THE LAST SEVERAL YEARS, WE'VE PASSED LEGISLATION IN THIS

                    HOUSE TO REVAMP WORKERS' COMPENSATION SO WE WOULD BRING DOWN THE

                    COST TO THE EMPLOYERS, AND -- AND I APPRECIATE SOME OF THE OTHER

                    PRACTICES YOU'RE BRINGING IN.  YOU KNOW, ACUPUNCTURE, THEY SERVE A

                    LEGITIMATE NEED IN -- IN PEOPLE RECOVERING FROM CERTAIN INJURIES RATHER

                    THAN TAKING, YOU KNOW, DRUGS AND STUFF OF THAT NATURE.  BUT, THAT'S JUST

                    MY CONCERN, IS THAT WE'RE GOING INTO AN AREA HERE WHERE WE REDUCE

                    EXPENSES IN ONE AREA, THEN GO RIGHT BACK AND INCREASE THEM IN THE

                    OTHER.

                                 MS. WEINSTEIN:  WELL --

                                 MR. MONTESANO:  AND THANK YOU.  GO AHEAD, I'M

                    SORRY.

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MS. WEINSTEIN:  YEAH, I WAS JUST GOING TO SAY, IT

                    HAS TO BE THE APPROPRIATE TREATMENT AND A MEDICAL NECESSITY FOR SUCH

                    TREATMENT.  WE'RE NOT TRYING TO SHORTCHANGE AN INJURED WORKER.  BUT IF

                    THAT'S WHAT'S APPROPRIATE AND MEDICALLY NECESSARY, WE WANT TO ALLOW

                    THAT TO HAPPEN.

                                 MR. MONTESANO:  AND DO I UNDERSTAND CORRECTLY

                    THAT IF THEY'RE GOING TO HAVE THE SERVICES OF THESE NEW PROVIDERS, THAT

                    LIKE A PRESCRIPTION OR A REFERRAL HAS TO BE PREPARED BY THE PHYSICIAN?

                                 MS. WEINSTEIN:  YES.

                                 MR. MONTESANO:  OKAY.

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

                                 MR. MONTESANO:  THANK YOU VERY MUCH.

                                 MS. WEINSTEIN:  SURE.

                                 MR. MONTESANO:  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MR. PALUMBO.

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

                    THE -- WOULD THE CHAIRWOMAN MIND YIELDING FOR A FEW QUESTIONS,

                    PLEASE?

                                 MS. WEINSTEIN:  SURE.

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN

                    YIELDS.

                                 MR. PALUMBO:  THANK YOU, MS. WEINSTEIN.  I JUST

                    HAVE GENERALLY TWO AREAS TO DISCUSS.  AND THE FIRST ONE I'D LIKE TO

                    DISCUSS IS REGARDING THE REDUCTION OF ONE YEAR TO NOW MEAN 364 DAYS --

                                 MS. WEINSTEIN:  YES.

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MR. PALUMBO:  -- AND -- AND AS FAR AS OUR

                    SENTENCING GUIDELINES ARE CONCERNED.  AND I'M ASSUMING, AND I'LL JUST

                    CITE THE SECTION HERE.  IT'S TITLE 8 UNITED STATES CODE, SECTION 1251

                    REGARDING DEPORTATION, SPECIFICALLY STATES IN (2)(A)(I), ANY ALIEN WHO IS

                    CONVICTED OF A CRIME INVOLVING MORAL TURPITUDE COMMITTED WITHIN FIVE

                    YEARS AFTER THE DATE OF ENTRY - WITH SOME OTHER CAVEATS - AND (II) EITHER

                    IS SENTENCED TO CONFINEMENT OR IS CONFINED THEREFORE IN A PRISON OR

                    CORRECTIONAL INSTITUTION FOR ONE YEAR OR LONGER IS DEPORTABLE.  SO, IN

                    THAT REGARD, IS THAT THE REASON WHY WE'RE DOING THIS?  IS THAT BASICALLY

                    SO ILLEGAL IMMIGRANTS WHO ULTIMATELY HAVE RECEIVED A MISDEMEANOR

                    CONVICTION UP TO ONE YEAR -- OR THAT IS ACTUALLY FOR A TERM OF ONE YEAR,

                    WE REDUCE IT BY A DAY THAT MIGHT NOT FIT WITHIN THAT STATUTE?

                                 MS. WEINSTEIN:  WELL, THE -- THE PURPOSE OF OUR

                    CHANGE HERE IS TO REDUCE POSSIBLE COLLATERAL CONSEQUENCES TO AN

                    INDIVIDUAL WHO IS CONVICTED.  YOU MENTIONED ONE, THERE ARE OTHERS.  IN

                    SOME STATES -- A FEW STATES RESTRICT VOTING OR DENY VOTING RIGHTS BASED

                    ON CONVICTION WITH A SENTENCE OF ONE YEAR OR MORE.  THERE ARE ALSO A

                    FEW STATES THAT DENY EMPLOYMENT OR LICENSURE IN SOME PROFESSIONS

                    BASED ON A CONVICTION OR OFFENSE PUNISHABLE BY ONE YEAR OR MORE.  THE

                    -- THE POINT FOR SOMEONE WHO SUFFERS COLLATERAL CONSEQUENCES FOR A

                    SENTENCE OF A YEAR, A CRIME THAT HAS A SENTENCE OF A YEAR, CAN BE

                    SOMEONE WHO HAS NEVER SERVED A DAY IN JAIL, BUT BECAUSE THEIR

                    MISDEMEANOR, THE CLASS A MISDEMEANOR QUALIFIED FOR UP TO -- QUALIFIED

                    FOR A MINIMUM OF A YEAR IN JAIL, THEY WOULD MEET THE CRITERIA OF THE

                    STATUTE YOU MENTIONED AS WELL AS THOSE THAT -- THAT I MENTIONED.  AND

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    PARTICULARLY SINCE, AS WE'VE DISCUSSED OTHER TIMES HERE, THERE IS A

                    DISPROPORTIONATE ARREST AND CONVICTION OF PEOPLE OF COLOR, OF LOWER-

                    INCOME PEOPLE, AND THIS IS A WAY TO...TO ASSIST -- ASSIST THOSE PEOPLE

                    FROM FACING THESE COLLATERAL CONSEQUENCES.

                                 MR. PALUMBO:  UNDERSTOOD.  AND SO, IN THAT

                    SUBSECTION PART OO, GOES FURTHER TO ACTUALLY PROVIDE A REMEDIAL

                    MEASURE FOR THOSE PEOPLE THAT ALREADY MAY HAVE PETITIONS PENDING IN

                    THE -- IN THE DISTRICT COURTS OR IN THE IMMIGRATION COURTS, THAT THEY CAN

                    ACTUALLY MAKE A POSTJUDGMENT MOTION TO BE RESENTENCED AND HAVE IT

                    VACATED IN LIGHT OF THIS -- THIS CURRENT STATUTE, OR THE EFFECT THAT THIS WILL

                    HAVE.  SO, IT APPLIES RETROACTIVELY AS WELL.  IS THAT ACCURATE?

                                 (SIDEBAR)

                                 MS. WEINSTEIN:  YES, YOU CAN.  I MEAN, I WAS JUST

                    VERIFYING THAT POINT.  YOU'RE -- YOU'RE CORRECT THAT YOU CAN APPLY TO --

                    ANYBODY CAN APPLY TO HAVE THEIR SENTENCE --

                                 MR. PALUMBO:  RECONSIDERED AND GET IT BACK ON

                    THE SENTENCING CALENDAR.  AND THEN THE MAXIMUM, IN THE EVENT IT WAS

                    JUST A SENTENCING THAT WAS VACATED, NOT THE CONVICTION, SINCE IT WOULD

                    BE A CLASS A MISDEMEANOR OR LESS --

                                 MS. WEINSTEIN:  CORRECT.

                                 MR. PALUMBO:  -- THE MAXIMUM TERM OF JAIL IS 364

                    DAYS FOR ALL --

                                 MS. WEINSTEIN:  IT -- IT STILL WOULD --

                                 MR. PALUMBO:  -- CRIMES AT THIS POINT THAT ARE

                    MISDEMEANOR OR LOWER.

                                         211



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MS. WEINSTEIN:  IT WOULDN'T REDUCE THEIR -- IT

                    WOULDN'T CHANGE THE -- WHAT THEY WERE CONVICTED OF, IT WOULD CHANGE

                    THEIR SENTENCE.

                                 MR. PALUMBO:  RIGHT.  IT WOULD JUST VACATE THE

                    SENTENCE.  I THINK IT WAS UNDER 440 OF THE CRIMINAL PROCEDURE LAW,

                    WHERE 330 IS TO VACATE THE CONVICTION, I BELIEVE, AND 440, THAT ARTICLE IS

                    FOR JUST SENTENCING ISSUES.  SO, HAS THAT BEEN AMENDED AS WELL TO ADD

                    THAT TO ALLOW THAT AS THE VEHICLE?

                                 MS. WEINSTEIN:  YES, IT HAS.

                                 MR. PALUMBO:  OKAY.  AND JUST ONE LAST QUESTION

                    ON THIS SECTION.  IN PART OO, AND IT'S ON PAGE... LET ME TAKE A LOOK, PAGE

                    51, IT'S LINES 15 THROUGH 31, THERE ARE -- ALL THAT LANGUAGE THAT'S STRICKEN,

                    THAT THEY SHALL NOT EXCEED ONE YEAR.  AND THEN IT ALSO SAYS, PROVIDED,

                    HOWEVER, A SENTENCE OF IMPRISONMENT IMPOSED UPON A CONVICTION FOR

                    CRIMINAL POSSESSION OF A WEAPON IN THE FOURTH DEGREE HAS CERTAIN

                    MANDATORY MINIMUMS, I WON'T READ THE WHOLE SECTION.  SO, IT LOOKS AS

                    THOUGH THAT HAS BEEN STRICKEN REGARDING A SENTENCING GUIDELINE FOR

                    SOME WEAPONS CONVICTIONS.  THAT HAS NOT SEEM TO COME BACK WITH THE

                    NEW LANGUAGE IN THIS BUDGET BILL.  SO, IS THAT NOW COMPLETELY REPEALED?

                                 MS. WEINSTEIN:  YES, THAT CRIME IS NO LONGER A

                    MISDEMEANOR, IT'S BEEN ELEVATED.  SO, THAT'S WHY IT'S STRICKEN.

                                 MR. PALUMBO:  CRIMINAL POSSESSION OF A WEAPON

                    FOURTH IN THAT SUBSECTION, 265.01.  I BELIEVE THIS WAS BY WAY OF A PLEA.

                    SO, NOW -- I'LL -- I'LL SUBSEQUENTLY CHECK THAT OUT.  BUT I -- I APPRECIATE

                    THE CLARIFICATION.

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 NOW, COULD WE GO TO, PLEASE, PART... II.  THIS IS FOR THE

                    REENTRY PACKAGE FOR FORMERLY-INCARCERATED INDIVIDUALS.

                                 MS. WEINSTEIN:  YES.

                                 MR. PALUMBO:  NOW, THERE IS A LOT -- THERE'S A

                    HANDFUL OF INFORMATION IN THERE, AND JUST ONE THAT I'D LIKE TO ADDRESS.  IT

                    SAYS IN -- IN PART 2 THAT THERE IS SOMETHING CALLED COMPASSIONATE PAROLE

                    FOR INCAPACITATING MEDICAL CONDITIONS THAT CAN BE -- THAT ARE

                    EXACERBATED BY AGE.  AND I BELIEVE IT SET AN AGE REQUIREMENT AS 55.

                    AND THEN BELOW IT, IT SAYS THESE -- ALL OF THOSE SECTIONS ENUMERATED IN

                    SUBPARTS A THROUGH P.  AND I LOOKED THROUGH ALL THOSE, I DID NOT SEE

                    ANYTHING WITH RESPECT TO COMPASSIONATE PAROLE.

                                 MS. WEINSTEIN:  THAT -- THAT'S ONE OF THE SECTIONS

                    THAT'S OMITTED AND IT'S NOT GOING TO BE COMING BACK.

                                 MR. PALUMBO:  OH, OKAY.  SO -- SO THE LINE THAT

                    ACTUALLY SAYS THAT THAT SECTION IS CONTAINED IS PROBABLY MAYBE AN ERROR

                    THAT NEEDS TO BE CLEANED UP?  MORE OF A SCRIVENER'S ERROR THAT IT --

                                 MS. WEINSTEIN:  ARE YOU TALKING ABOUT ONE OF THE

                    THE SECTIONS THAT'S INTENTIONALLY OMITTED?

                                 MR. PALUMBO:  NO, NO.  IT SAYS RIGHT HERE IN PART

                    2, LINE 36 -- PART 2, LINE 39 -- YES, LINE 39 ON PAGE 36, FINALLY, THIS PART

                    ESTABLISHES COMPASSIONATE PAROLE FOR INCARCERATED INDIVIDUALS OVER

                    THE AGE OF 55 WHO HAVE INCAPACITATING MEDICAL CONDITIONS EXACERBATED

                    BY AGE.  AND THEN IT GOES ON TO RIGHT AFTER -- EACH COMPONENT IS WHOLLY

                    CONTAINED WITHIN THE SUBPART IDENTIFIED AS SUBPARTS A THROUGH P.

                                 MS. WEINSTEIN:  RIGHT.  SO -- SO THE TITLE

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    REMAINED, BUT THE OTHER PART -- THE SUBSTANCE OF IT HAS BEEN OMITTED.

                                 MR. PALUMBO:  OKAY.  GREAT.  IS THAT -- ARE WE

                    GOING TO SEE THAT IN A SUBSEQUENT BUDGET BILL, OR IS THAT -- IS THAT OUT OF

                    THE BILL --

                                 MS. WEINSTEIN:  OH NO, THAT IS NOT RETURNING.

                                 MR. PALUMBO:  OH, TERRIFIC.  THANK YOU.

                                 JUST A FEW QUICK QUESTIONS REGARDING THE BALANCE OF

                    THAT SECTION, THAT THERE ARE A NUMBER OF DIFFERENT LICENSES NOW THAT

                    PAROLEES OR PEOPLE CONVICTED OF FELONIES AND CRIMINAL OFFENSES ARE NOW

                    ABLE TO GET, AND I CERTAINLY UNDERSTAND IN LAW THE -- THE IDEA IS THAT WE

                    CERTAINLY WANT THESE FOLKS TO ASSIMILATE BACK INTO SOCIETY.  BUT SOME OF

                    THESE -- IT LOOKS LIKE THERE ARE MULTIPLE AGENCIES THAT ARE ABLE TO

                    DETERMINE THE ELIGIBILITY.  AND FOR EXAMPLE, AS FAR AS A DRIVING SCHOOL

                    POSITION, IN SUBPART I, IT SAYS THEY MAY EMPLOY SOMEONE WHO HAS BEEN

                    CONVICTED - AND I'LL GET TO IT SPECIFICALLY IF YOU'D LIKE - BUT IT DOESN'T

                    INDICATE WHO DETERMINES THE ELIGIBILITY.  SO, THAT'S MY QUESTION WITH

                    REGARD TO A LOT OF THESE.  SOME OF THEM SEEM TO BE, MAYBE THE

                    SECRETARY OF INSURANCE, OR FOR REAL ESTATE BROKERS, THERE ARE CERTAIN

                    AGENCIES THAT MAY HAVE THE AUTHORITY TO MAKE THIS DETERMINATION

                    WHETHER OR NOT SOMEONE'S ELIGIBLE FOR THE LICENSE.  BUT IN SUBPART I, IT'S

                    A SHORT -- IT'S ONLY ABOUT SIX LINES -- A LICENSEE MAY EMPLOY IN

                    CONNECTION WITH A DRIVING SCHOOL A PERSON WHO HAS BEEN CONVICTED OF

                    A CRIME IN ACCORDANCE WITH ARTICLE 23(A) OF THE CORRECTION LAW.

                    THAT'S IT.  AND MY CONCERN WITH THAT - WHILE YOU'RE CONFERRING - IS THAT,

                    THAT IS ANY CRIME -- SEX CRIMES, WHATEVER IT MAY BE.  AND MY CONCERN

                                         214



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    IS IT'S A DRIVING SCHOOL, TYPICALLY IT'S STUDENTS AND KIDS, WHO CAN MAKE

                    THAT VERY, VERY SIGNIFICANT DETERMINATION AS TO WHETHER OR NOT THIS

                    PERSON CAN MAKE THEMSELVES AVAILABLE AS A DRIVING SCHOOL INSTRUCTOR.

                                 MS. WEINSTEIN:  IT -- THERE ARE NUMEROUS FACTORS,

                    AS -- AS YOU MENTION.  AND THIS IS PERMISSIBLE, SO STILL WOULD LOOK AT

                    WHETHER A THREAT TO THE SAFETY IN THE COMMUNITY -- OR SAFETY TO -- THREAT

                    TO SAFETY OR TO PROPERTY IN THE COMMUNITY.

                                 MR. PALUMBO:  CERTAINLY.  AND -- AND I SAW THERE

                    WERE SOME FACTORS ENUMERATED.  SO, IN SUBPART I, IT COULD JUST BE THE

                    OWNER OF THE DRIVING SCHOOL WOULD HAVE THAT AUTHORITY.

                                 MS. WEINSTEIN:  YES.

                                 MR. PALUMBO:  SEE -- AND NOW DON'T WE -- I KNOW

                    WE HAVE SOME BILLS PENDING FOR STATEWIDE SITUATIONS.  BUT I BELIEVE IN

                    NEW YORK CITY, AREN'T YOU NOT ALLOWED, AS A PROSPECTIVE EMPLOYER, TO

                    ASK SOMEONE WHETHER OR NOT THEY'VE BEEN CONVICTED OF A CRIME OR

                    CONVICTED OF A FELONY PRIOR TO OFFERING THEM THE JOB?  I KNOW THERE WAS

                    SOMETHING THAT THE MAYOR RAN ON.  OR DISCUSSED.

                                 MS. WEINSTEIN:  NO, I -- I BELIEVE YOU -- YOU CAN

                    ASK ABOUT CONVICTIONS, YOU CAN'T ASK ABOUT --

                                 MR. PALUMBO:  ARRESTS.

                                 MS. WEINSTEIN:  -- AN ARREST THAT DIDN'T RESULT IN A

                    CONVICTION.

                                 MR. PALUMBO:  OKAY.  SO, IN THE EVENT -- IF THIS IS

                    ULTIMATELY GOING TO BECOME LAW PROBABLY SOME TIME TODAY OR EARLY

                    TOMORROW, I JUST THINK WE SHOULD CERTAINLY CONSIDER THAT.  WE'RE GETTING

                                         215



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    THERE --

                                 MS. WEINSTEIN:  YEAH.

                                 MR. PALUMBO:  -- ABOUT TEN TO 6:00 -- THAT WE

                    SHOULD CERTAINLY CONSIDER THOSE RAMIFICATIONS, BECAUSE I THINK THERE

                    MAY BE A BACK-DOOR SITUATION WHERE WE MAY HAVE A -- ALL EMPLOYERS IN

                    THESE SITUATIONS OR PEOPLE WHO ARE PROVIDING LICENSES, MAY HAVE THE

                    INABILITY TO ASK SOMEONE PROPERLY WHETHER OR NOT THEY'VE BEEN

                    CONVICTED OF A CRIME.  AND SO, ANYONE WOULD BASICALLY JUST BE ABLE TO

                    FORCE THEIR WAY IN AND -- AND RECEIVE THESE LICENSES.  AND I GET IT.  AS I

                    SAID, WE WANT THESE PEOPLE TO ASSIMILATE INTO SOCIETY, I THINK WE ALL CAN

                    AGREE.  JUST THAT ONE WRINKLE IS THAT CERTAIN PEOPLE SHOULD NOT BE BACK

                    INTO SOCIETY ENTIRELY, PRIOR TO PAYING THEIR DEBT TO SOCIETY.

                                 NOW, ONE LAST AREA --

                                 MS. WEINSTEIN:  SURE.

                                 MR. PALUMBO:  -- PLEASE.  THERE ARE -- THERE'S

                    SOME EXCLUSION OF CRIMINAL HISTORY ON THE UNDISPOSED CASES, AND I SEE

                    OTHERS -- WE'RE REMOVING SUSPENSIONS OF DRIVER'S LICENSES, AND I KNOW

                    -- AND I KNOW IT WAS DISCUSSED AT THE PRIOR RESOLUTION.  LET ME ADDRESS

                    DRIVER'S LICENSES FIRST.  SO, NOW UNDER 510, THAT -- THAT AREA IS -- IS

                    COMPLETELY REPEALED.  SO IF SOMEONE'S CONVICTED UNDER ARTICLE 220 OF A

                    DRUG OFFENSE, THE COURT CANNOT TAKE ACTION ON THEIR LICENSE?

                                 MS. WEINSTEIN:  YOU'RE -- THIS RELATES TO THE -- IT'S

                    JUST REPEALS THE STATUTE, THAT RESOLUTION THAT WE JUST ADOPTED.

                                 MR. PALUMBO:  RIGHT.  AND THAT -- AND THAT

                    RESOLUTION COVERS US BECAUSE WE WOULD LOSE FEDERAL FUNDING --

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MS. WEINSTEIN:  CORRECT.

                                 MR. PALUMBO:  -- IF WE HAD -- IF WE REPEALED THAT

                    STATUTE?  OKAY.

                                 MS. WEINSTEIN:  YES.

                                 MR. PALUMBO:  SEE, NOW, IN MY EXPERIENCE, THE

                    COURT -- IT WAS ALWAYS A DISCRETIONARY POSITION.  SO, THE COURT NO LONGER

                    HAS ANY DISCRETION.  THEY CANNOT, WHETHER THEY WANT TO OR NOT, CONSIDER

                    TAKING ACTION AGAINST SOMEONE'S DRIVER'S LICENSE IN THE EVENT THEY'RE

                    CONVICTED OF A DRUG OFFENSE.  IS THAT ACCURATE?

                                 MS. WEINSTEIN:  WELL, THIS -- THIS WAS A MANDATORY

                    SUSPENSION, SO THAT'S WHAT WE ARE ELIMINATING.

                                 MR. PALUMBO:  BUT IT WAS --

                                 MS. WEINSTEIN:  IT WASN'T DISCRETIONARY.

                                 MR. PALUMBO:  WELL, THERE WERE -- THERE WERE

                    COMPELLING CIRCUMSTANCES IN THE OLD STATUTE THAT THE JUDGE COULD

                    CONSIDER WITH RESPECT TO WHETHER OR NOT THE INDIVIDUAL NEEDED THEIR

                    LICENSE.  AND THERE WERE SOME COMPELLING SITUATIONS, IN FACT, IN

                    PRACTICE.  I'VE HAD IT HAPPEN HUNDREDS OF TIMES.  AND GENERALLY, IF THE

                    PERSON'S WORKING AND NEEDS TO DRIVE, THE COURT WOULD TYPICALLY TAKE NO

                    ACTION, AND THEY WOULD SIGN THE SUSPENSION FORM AND SIGN IT AND CHECK

                    THE BOX THAT SAYS NO ACTION.  THERE'S A SPECIFIC BOX, AT LEAST IN SUFFOLK

                    COUNTY, THAT THE COURT CAN CHECK.

                                 MS. WEINSTEIN:  I'M BEING TOLD THAT UNLESS THERE

                    WAS A CERTIFICATE OF RELIEF, IT WAS MANDATORY.

                                 MR. PALUMBO:  OKAY.  I BELIEVE THAT -- HOPEFULLY,

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    THAT WASN'T THE GENESIS OF THIS -- OR THE NEED TO CREATE THIS PARTICULAR

                    PIECE OF LEGISLATION.  THANK YOU --

                                 MS. WEINSTEIN:  SURE.

                                 MR. PALUMBO:  CHAIRMAN -- CHAIRWOMAN.

                                 ON THE BILL, PLEASE, IF I MAY.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. PALUMBO:  JUST -- JUST VERY BRIEFLY -- AND I

                    UNDERSTAND THAT THE -- THE DESIRE FOR CRIMINAL JUSTICE REFORM IN THIS

                    HOUSE -- REFORM IN THIS HOUSE, BUT I THINK SOME OF THESE SITUATIONS ARE

                    GOING TO BE COUNTERINTUITIVE.  WHEN YOU HAVE, FOR EXAMPLE -- AND I'LL

                    JUST SPEAK VERY BRIEFLY ON THE REDUCTION OF A -- OF A YEAR TERM, OF A YEAR

                    SENTENCE NOW TO 364 DAYS.  THE PROBLEM WITH THAT IS THAT NOW YOU WILL

                    HAVE BY WAY OF THE PLEA PROCESS, WHERE SOMEONE IS CHARGED WITH A

                    FELONY, YOU WOULD TYPICALLY SAY, WE'LL GIVE YOU A MISDEMEANOR AND A

                    YEAR, BECAUSE THAT'S -- IT'S AN APPROPRIATE SENTENCE, WE WON'T SEND YOU

                    UPSTATE, AND YOU'LL HAVE A SHOT AT POSSIBLY STAYING IN THE COUNTRY.

                    NOW, YOU WOULD THINK THAT IN FACT THERE WERE NO PROCEEDINGS THAT WILL

                    EVALUATE THAT INDIVIDUAL'S PARTICULAR IMMIGRATION STATUS, YOU'RE NOW

                    GOING TO HAVE, BY -- THE PLEA WILL BE TO A FELONY.  AND IF YOU READ THE

                    AGGRAVATED FELONY STATUTES, WHICH IS ANOTHER MANDATORY DEPORT

                    SITUATION, YOU'RE NOT -- THEY'RE NOT -- THERE'S ALMOST NO DISCRETION.  AND

                    IT'S A LAUNDRY LIST THAT INCLUDES ALMOST EVERY SINGLE FELONY IN THE NEW

                    YORK STATE PENAL LAW, AND OTHERWISE.  SO, THOSE ARE -- I THINK THAT'S

                    GOING TO CREATE AN UNINTENDED CONSEQUENCE, WHERE YOU WOULD THINK

                    THAT THIS WOULD GO TO THE BENEFIT OF SOMEONE WHO HAS QUESTIONABLE

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    IMMIGRATION STATUS AND HAS A PETITION PENDING AGAINST THEM, BUT WHEN

                    IT'S A CRIME OF MORAL TURPITUDE, THEY ACTUALLY HAVE AN OPPORTUNITY TO

                    EVALUATE AND PRESENT A CASE THAT THEY SHOULD STAY FOR OTHER REASONS.  IF

                    THEY'RE CONVICTED OF AN AGGRAVATED FELONY, IT'S NOT GOING TO GO THEIR

                    WAY.

                                 SO, I THINK THAT WE SHOULD VOTE NO ON THIS ENTIRE

                    PACKAGE, MOST RESPECTFULLY.  I THANK YOU, MR. SPEAKER, FOR YOUR TIME.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MR. REILLY.

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

                    MADAM CHAIR YIELD FOR SOME QUESTIONS?

                                 MS. WEINSTEIN:  SURE.

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN

                    YIELDS.

                                 MS. WEINSTEIN:  YES.

                                 MR. REILLY:  I SPECIFICALLY WANT TO DISCUSS PART RR,

                    WHICH IS THE USE OF FORCE POLICY FOR POLICE OFFICERS.  IN THE -- IN THE

                    LEGISLATION IT ACTUALLY STATES "BRANDISHES."  CAN YOU GIVE ME THE

                    DEFINITION OF WHAT THAT -- OF "BRANDISH" IS INTENDED IN THE LEGISLATION?

                                 MS. WEINSTEIN:  IT'S NOT DEFINED IN -- IN STATUTE.  IT

                    HAS ITS PLAIN MEANING.

                                 MR. REILLY:  I'M SORRY.

                                 MS. WEINSTEIN:  IT IS NOT DEFINED IN STATUTE, IT HAS

                    ITS PLAIN MEANING -- MEANING.

                                 MR. REILLY:  MEANING.  OKAY.  SO -- SO THE PLAIN --

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    THE PLAIN MEANING, ACCORDING TO WEBSTER'S, RIGHT, IF -- IF YOU AGREE

                    PLEASE LET ME KNOW, IS TO WAVE OR FLOURISH SOMETHING AS A THREAT OR AN

                    ANGER OR EXCITEMENT.  WOULD YOU THINK THAT WOULD BE THE DEFINITION IN

                    THIS CASE?

                                 MS. WEINSTEIN:  YOU KNOW, I -- SINCE THIS IS A

                    REPORTING STATUTE, DCJS WILL DETERMINE, I WOULD THINK, THE GUIDANCE FOR

                    LAW ENFORCEMENT SO THAT THEY COULD -- THERE COULD BE UNIFORM REPORTING

                    THROUGHOUT THE STATE.

                                 MR. REILLY:  ALL RIGHT.  ANOTHER DEFINITION FOR

                    "BRANDISH" UNDER THE FEDERAL CODE IS JUST HAVING ANY PART OF A FIREARM

                    SHOWING.  WOULD YOU AGREE WITH THAT DEFINITION AS WELL?

                                 MS. WEINSTEIN:  YOU KNOW, I WOULD JUST RESTATE

                    THAT THE DCJS WILL DEVELOP THE RULES AND REGULATIONS OF WHAT SHOULD BE

                    REPORTED.

                                 MR. REILLY:  OKAY.  SO, THE REASON WHY I'M ASKING

                    THAT IS BECAUSE EVERY TIME A POLICE OFFICER SHOWS UP TO A SCENE

                    RESPONDING TO A CALL, ACCORDING TO THE DEFINITION OF THE FEDERAL

                    GOVERNMENT, IN THE-- IN THEIR CODE, JUST THE BUTT OF THE GUN SHOWING OUT

                    OF THEIR HOLSTER WOULD CONSTITUTE BRANDISHING.  IF YOU JUST TAKE IT THAT

                    WAY.  DO YOU -- DO YOU AGREE WITH THAT?

                                 MS. WEINSTEIN:  YOU KNOW, I -- I WOULD JUST

                    REPEAT --

                                 MR. REILLY:  OKAY.

                                 MS. WEINSTEIN:  -- WHAT I SAID THAT SINCE --

                                 MR. REILLY:  FAIR ENOUGH.

                                         220



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MS. WEINSTEIN:  YOU KNOW, IT'S GOING TO BE A

                    REPORTING STATUTE, SO THE AGENCY WILL HELP DETERMINE THAT TO PROVIDE THE

                    GUIDANCE FOR OUR LAW ENFORCEMENT OFFICERS AROUND THE STATE.

                                 MR. REILLY:  FAIR ENOUGH.  SO, LIKE I'VE SPOKEN

                    SEVERAL TIMES ON OTHER BILLS IN THE PAST, OVER THE PAST FEW WEEKS, ONE

                    THING I WANT TO POINT OUT IS I THINK WHEN WE WRITE LEGISLATION OR

                    INTRODUCE LEGISLATION AND WE DON'T DEFINE THE WORDS WE'RE USING, THE

                    TRANSITION TO THE STREET IS MUCH DIFFERENT THAN WHAT WE INTEND HERE.  SO,

                    WOULD YOU AGREE WITH THAT?

                                 MS. WEINSTEIN:  PERHAPS.  BUT, YOU KNOW, AGAIN,

                    I'LL -- I'LL JUST GO, YOU KNOW, BACK TO IT'S A REPORTING STATUTE AND THERE --

                    THERE'LL BE GUIDANCE ISSUED ON THAT.

                                 MR. REILLY:  OKAY.  ARE YOU FAMILIAR WITH THE

                    CONTINUUM OF FORCE IN LAW ENFORCEMENT?

                                 MS. WEINSTEIN:  I MEAN, I GUESS YOU'RE -- YOU'RE

                    REFERRING TO THE, YOU KNOW, THE PRINCIPLE OF USING THE LEAST -- LEAST FORCE

                    NECESSARY IN A SITUATION?

                                 MR. REILLY:  YES.  SO, IF I MAY, I'LL -- CAN I EXPLAIN

                    A LITTLE BIT ABOUT IT?

                                 MS. WEINSTEIN:  PLEASE DO.

                                 MR. REILLY:  WITH A QUESTION AS A FOLLOW UP.

                    CONTINUUM OF FORCE IS JUST A MERE PRESENCE IN UNIFORM BY A POLICE

                    OFFICER, IS THE FIRST LEVEL OF FORCE.  DOING A VEHICLE STOP CAN BE

                    CONTINUUM OF FORCE.  IF THE SITUATION RISERS -- RISES TO ANOTHER LEVEL, YOU

                    CAN DO VERBAL COMMANDS.  AND THEN YOU COULD USE THE EQUIPMENT

                                         221



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    THAT'S PROVIDED TO YOU AS A POLICE OFFICER, WHETHER THAT BE A BATON, A

                    HANDCUFF, YOUR ACTUAL SHIELD, A FIREARM.  SO, WOULD ALL THOSE THINGS

                    CONSTITUTE THE REPORTING REQUIREMENTS IN THIS LEGISLATION?

                                 MS. WEINSTEIN:  CLEARLY, NOT.  AND I WOULD THINK

                    YOU -- YOU WOULD AGREE, AND I GO BACK TO ALL OF -- IN TERMS OF DETAIL,

                    REQUIREMENT OF WHAT NEEDS TO BE REPORTED, THAT DCJS WILL DETERMINE

                    THAT -- THEY -- THEY WILL DETERMINE WHAT NEEDS TO BE REPORTED WITH

                    GUIDANCE FOR LAW ENFORCEMENT.

                                 MR. REILLY:  WELL, ACCORDING TO THE LEGISLATION,

                    THERE WERE SOME PARTS THAT WERE LABELED HERE IN THE BILL.  SO, IT'S

                    BRANDISHING A FIREARM AT OR IN THE DIRECTION OF ANOTHER PERSON; A

                    TASER; OC SPRAY, OTHERWISE KNOWN AS PEPPER SPRAY SOMETIMES;

                    USING SOME ELECTRONIC DEPLOYMENT, WHICH IS A NEW TECHNIQUE IN -- IN

                    LAW ENFORCEMENT, WHERE WE TRY AND IMPACT THE PERSON'S HEARING TO

                    MAKE THEM STOP DOING WHAT THEY'RE DOING.  ALSO, THERE'S ALSO IN THIS

                    BILL, IT SAYS ANY SPECIFIC USE OF A CHOKE HOLD OR SIMILAR RESTRAINT THAT

                    APPLIES PRESSURE TO THE THROAT OR WINDPIPE OF A PERSON IN A MANNER

                    THAT MAY HINDER BREATHING OR REDUCE INTAKE OF AIR.  ARE -- ARE THERE ANY

                    OTHER USES OF FORCE THAT DCJS MAY INCLUDE IN THAT, DO YOU THINK?

                                 MS. WEINSTEIN:  WELL, THEY -- YOU KNOW, THEY ALSO

                    LEFT OUT THE SECTION F, WHICH ENGAGES IN CONTACT -- CONDUCT RESULTS IN

                    THE DEATH OR SERIOUS BODILY INJURY OF ANOTHER PERSON, SO --

                                 MR. REILLY:  YES.

                                 MS. WEINSTEIN:  -- THAT COULD BE SOMETHING THAT

                    ISN'T OTHERWISE DELINEATED IN -- IN THE LIST ABOVE.

                                         222



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MR. REILLY:  OKAY.  SO, ONE OF MY -- ONE OF MY

                    INSTRUCTORS IN THE ACADEMY MANY YEARS AGO WHEN I WENT THROUGH, TOLD

                    ME THAT WHEN WE RESPOND TO AN INCIDENT, A 911 CALL, REMEMBER, HOW

                    MANY TIMES IS THERE A GUN WHEN A POLICE OFFICER RESPONDS?  DO YOU

                    KNOW THE ANSWER TO THAT?

                                 MS. WEINSTEIN:  NO, I -- I DON'T.  BUT I, YOU KNOW,

                    CERTAINLY KNOW THAT YOU -- YOU DON'T KNOW WHEN YOU -- WHEN YOU

                    ARRIVE AT A SCENE, NECESSARILY.

                                 MR. REILLY:  ACTUALLY, AT EVERY INCIDENT A POLICE

                    OFFICER RESPONDS TO, THERE IS A GUN --

                                 MS. WEINSTEIN:  OH YOU --

                                 MR. REILLY:  BECAUSE THAT GUN --

                                 MS. WEINSTEIN:  YOUR -- YOUR OWN GUN.

                                 MR. REILLY:  -- IS THE WEAPON OF THE POLICE OFFICER.

                                 MS. WEINSTEIN:  RIGHT.

                                 MR. REILLY:  AND AT ANY TIME IT CAN ACTUALLY

                    BECOME AN INSTRUMENT USED BY THE PERPETRATOR.

                                 MS. WEINSTEIN:  RIGHT.

                                 MR. REILLY:  ARE YOU AWARE OF HOW MANY TIMES

                    FIREARMS HAVE BEEN REMOVED FROM POLICE OFFICERS AND USED ON THEM?

                                 MS. WEINSTEIN:  NO, I -- I DO NOT.  I DID HAVE THE

                    PLEASURE OF VISITING THE NEW POLICE ACADEMY IN -- IN QUEENS, AND WE

                    SAW SOME DEMONSTRATIONS, YOU KNOW, OF THAT.

                                 MR. REILLY:  DID YOU GET TO USE TO THE FATS

                    MACHINE?  DO YOU KNOW WHAT THE FATS MACHINE IS?

                                         223



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MS. WEINSTEIN:  I JUST WATCHED.

                                 MR. REILLY:  ALL RIGHT.  IT'S ACTUALLY, YOU KNOW, A

                    SIMULATION OF --

                                 MS. WEINSTEIN:  RIGHT.

                                 MR. REILLY:  -- WHAT YOU WOULD DO AND RESPOND.

                                 MS. WEINSTEIN:  RIGHT --

                                 MR. REILLY:  YEAH.

                                 MS. WEINSTEIN:  SOME -- SOME OF THE COLLEAGUES

                    THERE --

                                 MR. REILLY:  YEAH.

                                 MS. WEINSTEIN:  -- THERE DID.  NO, IT WAS VERY -- IT

                    WAS AN IMPRESSIVE... IMPRESSIVE VISIT.

                                 MR. REILLY:  YEAH.  SO, I -- SO, GETTING BACK TO

                    BRANDISHING THE FIREARM --

                                 MS. WEINSTEIN:  RIGHT.

                                 MR. REILLY:  WE'RE DOING A VEHICLE STOP AS A POLICE

                    OFFICER, WOULD YOU THINK IT WOULD HAVE TO BE REQUIRED IF YOU'RE WORKING

                    A MIDNIGHT TOUR AND YOU AND YOUR PARTNER PULL OVER THIS VEHICLE WITH

                    SOME OCCUPANTS THAT MAY FIT A ROBBERY PATTERN, AND YOU DO NOT POINT

                    YOUR FIREARM AT THE VEHICLE OR AT THE INDIVIDUAL, BUT YOU HAVE THE

                    FIREARM ALONG YOUR -- ALONG YOUR LEG AS YOU APPROACH THE CAR, THE

                    OCCUPANTS DON'T SEE THE FIREARM, WOULD THE POLICE OFFICER BE REQUIRED

                    UNDER THIS LEGISLATION TO GIVE THE -- AND TO PROVIDE THAT INFORMATION AS

                    USE OF FORCE?

                                 MS. WEINSTEIN:  YOU KNOW, I -- I THINK I'M GOING

                                         224



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    TO GO BACK TO WHAT I WAS SAYING, YOU KNOW, DCJS IS THE MAIN LAW

                    ENFORCEMENT AGENCY IN OUR STATE.  THEY ARE GOING TO BE DEVELOPING THE

                    REPORTING REQUIRE -- THE -- THE REPORTING FORM, THE GUIDANCE.  SO I THINK,

                    YOU KNOW, DISCUSSING INDIVIDUAL TYPE OF SITUATIONS WON'T -- I DON'T

                    THINK WILL IMPACT MY ANSWER.  BUT I WOULD JUST REFER BACK TO THE FACT

                    THAT THEY DO TRAINING, THEY DEVELOP POLICIES, THEY KNOW WHAT IS

                    HAPPENING IN THE FIELD, SO THEY'RE -- THE FORMS THAT THEY -- THE FORM THEY

                    DEVELOP, THE REQUIREMENTS FOR REPORTING, I THINK WILL FIT IN WITH TRAINING

                    THAT OFFICERS AND PRACTICE THAT OFFICERS IN OUR STATE HAVE.

                                 MR. REILLY:  DO WE KNOW HOW MANY -- HOW MANY

                    DEPARTMENTS THROUGHOUT NEW YORK STATE ALREADY COMPILED THIS

                    INFORMATION OF USE OF FORCE AND MADE IT PUBLIC?

                                 MS. WEINSTEIN:  I -- I COULDN'T TELL YOU HOW MANY

                    DO.  SOME DO.  YOU KNOW, CLEARLY, THE -- IN NEW YORK CITY, WHICH

                    COVERS A LARGE PART OF OUR STATE'S POPULATION, THERE IS THE REQUIREMENT

                    FOR REPORTING FOR A STOP.  WHEN THERE'S A STOP AND FRISK SITUATION, THEY'RE

                    HAVING -- THAT'S BEEN HAPPENING.  SO IT -- IT DOESN'T SEEM LIKE IT'S AN

                    OVERLY-BURDENSOME TASK TO REQUIRE.

                                 MR. REILLY:  OKAY.  ARE THERE -- ARE THERE ANY

                    REQUIREMENTS IN THE LEGISLATION TO COMPILE AND DOCUMENT THE USE OF

                    FORCE OR ASSAULT COMMITTED BY PERPETRATORS ON POLICE OFFICERS?

                                 MS. WEINSTEIN:  NOT ON -- NOT ON THIS FORM.  BUT

                    PRESUMABLY, THOSE SITUATIONS WOULD BE REPORTED AS A CRIME.  THE -- IF A

                    POLICE OFFICER IS ASSAULTED.

                                 MR. REILLY:  OKAY.  WELL, THIS -- THIS LEGISLATION

                                         225



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    REQUIRES THAT WITHIN -- ON AN ANNUAL BASIS FOR THE -- FOR THE PRIOR YEAR

                    THAT AGENCIES GIVE THIS -- GIVE THIS INFORMATION TO DCJS SO THEY COULD

                    PUT IT ON THE WEBSITE, RIGHT.  AND TO GIVE AN EXACT DATE, LOCATION AND

                    COUNTY WHERE THE INCIDENT OCCURRED FOR THE PRIOR YEAR.  DOESN'T --

                    DOESN'T -- AND I -- AS I READ CORRECTLY, IT DOESN'T REQUIRE NAMES TO BE

                    SHARED --

                                 MS. WEINSTEIN:  CORRECT.  NO --

                                 MR. REILLY:  -- BUT IT -- RIGHT?

                                 MS. WEINSTEIN:  YES, CORRECT.  NOT THIS --

                                 MR. REILLY:  BUT IT CAN -- BUT IT CAN -- IT CAN GIVE

                    THE EXACT DATE AND TIME AND COUNTY WHERE IT OCCURRED.  AND IF WE'RE

                    DOING THAT WITHIN A YEAR, IT'S QUITE POSSIBLE THAT THE CRIMINAL SANCTIONS

                    OR CRIMINAL PROCESS HAS NOT MOVED FORWARD.  DO YOU BELIEVE THAT THIS

                    COULD ACTUALLY IMPACT CRIMINAL PROCEEDINGS, BECAUSE WE'LL BE GIVING

                    INFORMATION OUT PUBLICLY THAT IS NOT YET PRESENTED IN COURT?

                                 MS. WEINSTEIN:  I -- I DON'T SEE HOW IT WOULD

                    IMPACT AN EXISTING CASE.

                                 MR. REILLY:  IT ACTUALLY STATES IN THE LEGISLATION THAT

                    THEY HAVE TO GIVE SOME -- SOME BACKGROUND INFORMATION OF THE

                    OCCURRENCE, EXACTLY HOW IT HAPPENED.  THAT MAY BE PREJUDICIAL TO BOTH

                    THE PERPETRATOR AND POTENTIALLY THE POLICE OFFICER, IF THERE IS A QUESTION

                    ABOUT WHETHER THEY WERE AUTHORIZED TO USE THAT FORCE.

                                 MS. WEINSTEIN:  RIGHT, YOU -- YOU KNOW, SO THE --

                    THE NOTION IS NOT TO BE ABLE -- NOT TO LOOK AND FOCUS IN ON ONE

                    INDIVIDUAL INCIDENT, BUT TO USE THIS COLLECTED ANNUAL DATA TO LOOK TO SEE

                                         226



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    IF THERE ARE PATTERNS, IF THERE ARE PROBLEMS IN PARTICULAR -- IN PARTICULAR

                    AREAS, PARTICULAR COMMUNITIES.  SO, IT'S NOT TO FOCUS IN ON ONE

                    INDIVIDUAL INCIDENT.

                                 MR. REILLY:  I -- I UNDERSTAND THAT.  BUT ARE YOU

                    AWARE THAT IF THEY DO PUT THAT INFORMATION OUT INTO THE PUBLIC REALM, ON

                    A WEBSITE, IT WOULD BE SUBJECT TO ROSARIO?

                                 MS. WEINSTEIN:  WELL, THERE -- THERE'S NO OFFICER'S

                    NAME, IT'S -- IT'S JUST DATE AND -- DATE AND LOCATION.

                                 MR. REILLY:  ABSOLUTELY, I AGREE WITH YOU.  I READ

                    THE LEGISLATION, THERE ARE NO NAMES, THERE ARE NO DATE OF BIRTHS, THERE ARE

                    NO PERTINENT INFORMATION TO THE INDIVIDUAL.  BUT THERE IS PERTINENT

                    INFORMATION TO THE TYPE OF OCCURRENCE, THE LOCATION WHERE IT HAPPENED

                    AND DETAILS OF THE INCIDENT.  AND, THEREFORE, DON'T YOU THINK THAT THAT

                    MAY BE ABLE TO IDENTIFY, IF IT IS A PUBLIC -- LET'S JUST SAY IT'S A

                    NEWSWORTHY CASE THAT'S OUT THERE, SO THIS COULD POTENTIALLY IMPACT

                    CRIMINAL PROCEEDINGS.  DON'T YOU THINK?

                                 MS. WEINSTEIN:  I -- I DOUBT THAT.  AND I'M SURE AS

                    WE HAVE THE DISCUSSION LATER ON ABOUT DISCOVERY, THE CHANGES IN

                    DISCOVERY, THAT INFORMATION, I ASSUME, WOULD ALREADY -- ALREADY BE OUT

                    THERE.  AND AS I SAID THAT IN NEW YORK CITY, THE STOP AND FRISK

                    INFORMATION, WHICH IS MUCH MORE DETAILED THAN IS REQUIRED UNDER THIS

                    PROPOSAL, HAS ALREADY BEEN HAPPENING AND THERE HAVE NOT BEEN

                    INCIDENTS THAT I'M AWARE OF BECAUSE OF THAT.

                                 MR. REILLY:  SO, BASED ON THE INFORMATION, AND --

                    AND I, TRUST ME, I KNOW NEW YORK CITY HAS BEEN DOING THIS FOR YEARS,

                                         227



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    THEY DON'T -- WHEN THEY PUT OUT THEIR INFORMATION, THE NYPD, ON THEIR

                    WEBSITE, IT IS NOT FROM THE PREVIOUS YEAR.  IT'S GENERALLY A TWO- TO THREE-

                    YEAR LAG, ALL RIGHT, WHEN IT GETS PUBLICIZED.  THE -- SOME OF THE THINGS

                    THAT WE'RE SPEAKING ABOUT TODAY IN THIS LEGISLATION HAS ALREADY BEEN

                    DOCUMENT BY THE NYPD.  I JUST WANT TO SHARE SOME DATA.  I DON'T KNOW

                    IF YOU THINK THIS IS PERTINENT TO WHAT WE'RE TRYING TO DO ACROSS THE STATE.

                    SO, IN 2016 THERE WERE APPROXIMATELY 35,000 OFFICERS IN THE NYPD.

                    THERE WERE 72 INTENTIONAL FIREARM DISCHARGES BY POLICE OFFICERS.

                    SEVENTY-TWO.  THERE WERE 32 SUBJECTS SHOT; NINE FATALLY, ONE INCLUDING

                    A POLICE OFFICER WHO WAS KILLED BY THE PERPETRATOR.  TASERS HAD 501

                    DISCHARGES.  OC SPRAY, 227 DEPLOYMENTS.  NINETY-FIVE IMPACT

                    WEAPONS, WHICH ARE BATONS.  SO, DO WE THINK THAT THE NUMBERS WILL BE

                    THAT MUCH GREATER IN THE STATE --

                                 ACTING SPEAKER AUBRY:  MR. REILLY, YOU HAVE

                    ELAPSED THE FIRST 15.

                                 MR. REILLY:  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  IF YOU ARE INTERESTED,

                    YOU MAY RETURN.

                                 MR. REILLY:  THANK YOU, MR. SPEAKER.  THANK YOU

                    --

                                 ACTING SPEAKER AUBRY:  CERTAINLY.

                                 MR. REILLY:  -- MS. WEINSTEIN.

                                 ACTING SPEAKER AUBRY:  MR. RA.

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

                    YIELD?

                                         228



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MS. WEINSTEIN:  YES.

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN

                    YIELDS.

                                 MR. RA:  THANK YOU VERY MUCH.  SO, I HAVE KIND OF A

                    SMORGASBORD OF DIFFERENT AREAS I WANT TO ASK ABOUT HERE --

                                 MS. WEINSTEIN:  GOOD.

                                 MR. RA:  -- BUT I WANT TO START WITH THE SWEEPS AND

                    TRANSFERS, WHICH IS NORMALLY INCLUDED IN THIS BILL.  PRESUMABLY, WE'RE

                    GOING TO BE SEEING IT SOMEWHERE ELSE.  IS THAT CORRECT?

                                 MS. WEINSTEIN:  YES.

                                 MR. RA:  OKAY.  DO WE KNOW WHAT BILL THAT IS IN?

                                 MS. WEINSTEIN:  THAT -- IN THE REVENUE BILL --

                                 MR. RA:  IT'S IN THE REVENUE BILL, OKAY.

                                 MS. WEINSTEIN:  WHICH IS -- WHICH IS IN PRINT.

                                 MR. RA:  OKAY.  THANK YOU.  ALL RIGHT.

                                 SO, PART J, THE NASSAU COUNTY REASSESSMENT --

                                 MS. WEINSTEIN:  YES.

                                 MR. RA:  I KNOW THAT THERE WAS, YOU KNOW,

                    AMENDMENTS IN THE 30 DAYS TO THAT ORIGINAL PIECE OF LEGISLATION, BUT

                    THEN THERE WAS ALSO SOME PROPOSALS IN THE SENATE, AND THEN MORE

                    RECENTLY I HEARD SOME RUMORS BACK HOME OF DIFFERENT THINGS GOING ON

                    WITH THAT.  THIS LANGUAGE IS AS IT WAS IN THE ONE-HOUSE AND AS IT WAS IN

                    THE 30-DAY AMENDMENT.  IS THAT CORRECT?

                                 MS. WEINSTEIN:  YES.  YES, THAT IS CORRECT.

                                 MR. RA:  OKAY.  IS THERE ANYTHING ELSE IS THIS BILL OR

                                         229



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    ANYTHING ELSE THAT WE EXPECT TO SEE RELATED TO THE NASSAU REASSESSMENT?

                                 MS. WEINSTEIN:  NO.  NO.

                                 MR. RA:  OKAY.

                                 MS. WEINSTEIN:  IT WILL NOT REAPPEAR IN THE

                    REVENUE BILL.

                                 MR. RA:  OKAY.  THAT'S GOOD TO HEAR.  SO, JUST -- JUST

                    WITH REGARD TO THIS, THOUGH, YOU KNOW, AS MANY OF US BACK IN NASSAU

                    HAVE BEEN LOOKING AT THIS, AND, YOU KNOW, THIS PROCESS HAS BEEN GOING

                    ON AND THERE'S BEEN A LOT OF NEWS COVERAGE OF IT AND A LOT OF CONCERN

                    FROM -- FROM OUR RESIDENTS.  AND IN DOING SOME RESEARCH AS THIS HAS

                    BEEN COMING UP, WE'VE SEEN THAT THERE ARE SOME EXAMPLES OF -- OF

                    THESE TYPE OF EXEMPTIONS BEING -- BEING PUT FORTH.  I THINK THE MOST

                    RECENT ONES WE DID IN THE -- IN THIS LEGISLATURE FOR A COUPLE OF TOWNS IN

                    WESTCHESTER COUNTY, BUT THEY WERE MUCH MORE LIMITED IN THAT THEY --

                    THEY ONLY APPLIED IF YOU -- YOU WERE GOING UP BY A CERTAIN AMOUNT.  IS

                    THERE A REASON WHY THIS IS SUCH AN EXPANSIVE PHASE-IN THAT IS ACROSS THE

                    BOARD, WHETHER YOU'RE GOING UP OR DOWN, AS OPPOSED TO DOING

                    SOMETHING MORE IN LINE WITH WHAT'S BEEN DONE PREVIOUSLY?

                                 MS. WEINSTEIN:  THIS IS WHAT THE COUNTY

                    REQUESTED.  THEY'RE DOING -- THERE'S A MAJOR REASSESSMENT HAPPENING,

                    AND THIS IS THE -- WHAT THEY ASKED -- THEY ASKED FOR TO HELP ADDRESS THE

                    CONCERNS OF THEIR CITIZENS.

                                 MR. RA:  OKAY.  BUT IN THIS LANGUAGE, IT'S JUST --

                    ACROSS THE BOARD THERE'S GOING TO BE FIVE YEARS, AND IF YOU'RE GOING -- IF

                    YOU'RE GOING UP IN YOUR TAXES, IT'S GOING TO GO UP OVER FIVE YEARS, IF

                                         230



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    YOUR TAXES ARE GOING DOWN, IT'S GOING TO GO DOWN OVER FIVE YEARS,

                    CORRECT?

                                 MS. WEINSTEIN:  I -- I BELIEVE IT'S ONLY -- WE'LL TAKE

                    ANOTHER LOOK AT IT, BUT I BELIEVE IT ONLY DOES THE SMOOTHING GOING UP,

                    THAT IT DOESN'T EXTEND TO THE FIVE YEARS GOING DOWN.  DO YOU WANT TO

                    WAIT A MOMENT AND LET ME JUST VERIFY?

                                 MR. RA:  SURE.  NO, BECAUSE THAT WOULD BE A CHANGE

                    FROM WHAT WE WERE TOLD PREVIOUSLY.

                                 MS. WEINSTEIN:  WELL, I'M -- I'M TOLD THAT IF YOU'RE

                    TAXES GO DOWN, IT -- THIS SECTION DOES NOT IMPACT.

                                 MR. RA:  IF YOU'RE TAXES ARE BEING REDUCED, THIS

                    SECTION --

                                 MS. WEINSTEIN:  REDUCED.  CORRECT.

                                 MR. RA:  OKAY.  I WANT TO MOVE TO SECTION YY,

                    WHICH WE WERE DISCUSSING EARLIER ABOUT THE PAID TIME OFF FOR ELECTIONS.

                                 MS. WEINSTEIN:  YES.  SURE.

                                 MR. RA:  AND I KNOW THERE'S A -- A LOT OF SHIFTING

                    WITH STAFF, SO I APOLOGIZE FOR --

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

                                 MR. RA: -- BEING ALL OVER THE MAP.

                                 MS. WEINSTEIN:  THAT'S FINE.  PEOPLE NEED

                    EXERCISE.

                                 MR. RA:  SO, YOU KNOW, IT WAS ASKED EARLIER ABOUT

                    HOW THIS WAS GOING TO WORK IN TERMS OF, YOU KNOW, BEING ABLE TO

                    VERIFY AN EMPLOYEE IS, YOU KNOW, PERHAPS REGISTERED TO VOTE.  BUT, YOU

                                         231



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    KNOW, COMING -- WE -- WE DID A FIRST PASSAGE OF A CONSTITUTIONAL

                    AMENDMENT THAT'S GOING TO ALLOW FOR SAME-DAY REGISTRATION.  SO,

                    PRESUMING A COUPLE OF YEARS FROM NOW THAT IS IMPLEMENTED, BASICALLY,

                    ANY EMPLOYEE WOULD BE ELIGIBLE, CORRECT?  BECAUSE THEY'D BE ABLE TO

                    JUST GO AND SAY, WELL, I'M NOT REGISTERED NOW, BUT I'M GOING TO REGISTER

                    TODAY AND I'M GOING TO VOTE.

                                 MS. WEINSTEIN:  SOMEONE COULD, ONCE THAT WERE --

                    ONCE WE WERE TO HAVE SECOND PASSAGE, BECOME LAW, IN THEORY,

                    SOMEONE COULD ON ELECTION -- ON AN ELECTION DAY, GO REGISTER TO VOTE,

                    DEPENDING ON HOW THAT IS IMPLEMENTED.

                                 MR. RA:  OKAY.  NOW, IS THERE ANY RECOURSE FOR --

                    SUPPOSE AN EMPLOYER GIVES, YOU KNOW, GIVES AN EMPLOYEE THIS THREE

                    HOURS TIME OFF TO GO VOTE, AND THEN, YOU KNOW, THEY FIND OUT THEY NEVER

                    WENT TO VOTE.  CAN THEY DOCK THEIR PAY?

                                 MS. WEINSTEIN:  I -- OUR LANGUAGE JUST ADDS THE

                    ONE DAY -- I MEAN, THE ONE HOUR -- SORRY, ADDS THE ONE HOUR.  IF THEY

                    COULD UNDER CURRENT LAW RECOUP THE TIME THAT WAS SAID WAS GOING TO BE

                    FOR ELECTION AND IT WASN'T, THEN THEY COULD WITH THIS EXPANSION.  WE

                    DON'T CHANGE THE CURRENT LAW IN TERMS OF ANY KIND OF RECOUPMENT, IT'S

                    ONLY THAT WE ADD -- GO FROM TWO HOURS TO THREE HOURS.

                                 MR. RA:  SEE, I -- I KNOW THAT, YOU KNOW, THAT ONE

                    HOUR CHANGE, I THINK PROBABLY SEEMS LIKE NOT MUCH TO MOST PEOPLE, BUT

                    I THINK THE MUCH MORE SUBSTANTIAL CHANGE THAT'S TAKING PLACE HERE IS

                    GETTING RID OF THAT EXEMPTION THAT IS CURRENTLY THERE, WHERE IF YOU HAVE

                    FOUR HOURS OUTSIDE OF YOUR WORK TIME THAT YOU CAN -- THAT YOU DON'T --

                                         232



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    YOU'RE NOT ELIGIBLE FOR THIS.  SO, CURRENTLY, YOU KNOW, IF YOU'RE WORKING

                    UNTIL 5:00 AND THE POLLS ARE OPEN TILL 9:00, THE EMPLOYER IS NOT SUBJECT

                    TO THIS.  SO -- SO THIS ISN'T JUST CHANGING THE ONE HOUR, IT REALLY IS GOING

                    TO MAKE THIS APPLICABLE TO MANY, MANY MORE EMPLOYERS.

                                 MS. WEINSTEIN:  WELL, YOU KNOW, CERTAINLY YOU

                    COULD APPRECIATE A SITUATION WHERE IF SOMEBODY DOES GET OFF FROM WORK

                    AT 5:00 AND THEY HAVE A LONG COMMUTE BACK TO THEIR -- BACK TO THEIR

                    HOME AND THEY HAVE FAMILY RESPONSIBILITIES OR OTHER RESPONSIBILITIES,

                    THEY WOULD NOT BE ABLE TO -- TO VOTE, AND THIS WILL ALLOW THEM TO HAVE

                    THE TIME DURING -- DURING THEIR -- THE WORK HOUR, WHETHER IT MEANS

                    COMING IN LATE, LEAVING WORK EARLY, TO BE ABLE TO -- TO TRAVEL TO VOTE.

                                 MR. RA:  I -- I GUESS THE THING I'M HAVING TROUBLE

                    UNDERSTANDING, THOUGH, WE -- WE HEARD ABOUT ALL THESE THINGS WHEN WE

                    WERE TALKING ABOUT EARLY VOTING.  SO, NOW WE'RE GOING TO HAVE EARLY

                    VOTING, YET WE'RE EXPANDING THE AMOUNT OF TIME THAT WE -- WE'RE GOING

                    TO GIVE PEOPLE OFF DURING THE WORKDAY.  AND I -- TO ME, I DON'T -- I

                    DON'T SEE --

                                 MS. WEINSTEIN:  SOME OF THAT MAY BE TO MAKE USE

                    OF THE -- OF EARLY -- OF THE EARLY VOTING, ALSO.  IT MAY NOT JUST BE ON...

                                 (SIDEBAR)

                                 RIGHT.  IT'S NOT -- IT DOESN'T SPECIFY THAT IT'S LIMITED TO

                    ELECTION DAY, SO IT COULD BE ON AN EARLY VOTING DAY, ALSO.  YOU KNOW,

                    THE -- OBVIOUSLY, THE -- OUR GOAL THROUGH THE LEGISLATION WE PASSED, AND

                    THROUGH THIS, IS TO ENCOURAGE AND PROVIDE ALL OPPORTUNITIES FOR CITIZENS

                    TO BE ABLE TO EXERCISE THEIR RIGHT TO VOTE.

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MR. RA:  OKAY.  THANK -- THANK YOU.

                                 MR. SPEAKER, ON THE BILL.

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

                                 MR. RA:  SO, YOU KNOW, THIS PARTICULAR PIECE OF THIS

                    -- LIKE I MENTIONED, BECAUSE OF THAT CHANGE WITH THE EXEMPTION, IT

                    APPLIES TO A LOT MORE EMPLOYERS.  SO IF, FOR INSTANCE, SCHOOLS.  SO, A

                    SCHOOL DISTRICT IN A SCHOOL BUILDING, IF SOMEBODY SAYS THEY'RE GOING TO

                    TAKE THIS TIME OFF TO VOTE, NOW THEY HAVE TO WORRY ABOUT HAVING A SUB

                    COME IN.  AND, YOU KNOW, WE HAVE, CURRENTLY, A -- A NUMBER OF OTHER

                    PROVISIONS THAT THEY ALSO HAVE TO DEAL WITH.  AND MANY OF THEM ARE

                    GOOD, THEY'RE WELL-INTENTIONED THINGS, BUT THEY'RE STILL THINGS THAT HAVE

                    TO BE DEALT WITH THAT ESSENTIALLY BECOME UNFUNDED MANDATES ON -- ON

                    THE SCHOOLS.  YOU KNOW, THEY HAVE, OBVIOUSLY, FMLA UNDER FEDERAL

                    LAW.  THERE IS A REQUIREMENT THAT EMPLOYEES BE GIVEN TIME OFF FOR

                    CANCER SCREENINGS.  AGAIN, A GOOD THING, BUT, YOU KNOW, THEY HAVE TO

                    BRING IN A SUB TO -- TO ACCOUNT FOR THAT.  THERE ARE REQUIREMENTS THAT

                    THEY BE GIVEN THREE HOURS TO GO DONATE BLOOD.  AGAIN, A POSITIVE THING,

                    BUT WE'RE NOT ADDRESSING THE COST THAT THAT DOES PUT ON -- ON A SCHOOL

                    DISTRICT.  THEY'RE GOING TO HAVE TO BRING IN SUBS.  WE'RE EXPANDING

                    POLLING HOURS UPSTATE.  WE HAVE EARLY VOTING.  YET, WE ARE, FOR SOME

                    REASON, EXPANDING OPPORTUNITIES THAT PEOPLE CAN JUST, YOU KNOW, TAKE

                    TIME DURING THEIR WORKDAY TO VOTE, WITHOUT DEALING WITH WHAT THE COST

                    IS GOING TO BE, I THINK PARTICULARLY ON -- ON THINGS LIKE OUR SCHOOLS, ON

                    OUR SMALL BUSINESSES.  AND, YOU KNOW, I -- I JUST -- I DON'T -- I DON'T

                    FULLY SEE THE -- THE REASON FOR DOING THIS, GIVEN THAT WE'VE ADOPTED ALL

                                         234



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    THESE OTHERS WAYS TO MAKE PEOPLE HAVE MORE OPPORTUNITIES TO VOTE.

                                 THE OTHER -- THE OTHER THING I WANTED TO JUST ADDRESS

                    FOR A MINUTE IS THIS USE OF FORCE POLICY.  AND I CERTAINLY CAN'T SPEAK TO

                    IT QUITE WITH THE LEVEL OF EXPERTISE AND DETAIL THAT MY COLLEAGUE DID AS A

                    FORMER LAW ENFORCEMENT OFFICIAL, BUT I'M REALLY CONCERNED HERE THAT WE

                    HAVE ALL OVER THE STATE POLICIES IN -- WITHIN OUR LAW ENFORCEMENT

                    DEPARTMENTS ON WHEN THEY ARE TO USE FORCE, THEY GO THROUGH EXTENSIVE

                    TRAINING, THEY HAVE THEIR OWN REPORTING REQUIREMENTS, AND I THINK WHAT

                    THIS IS GOING TO HAVE THE IMPACT OF DOING IS MAKING THE JOB OF OUR

                    POLICE OFFICERS MORE DIFFICULT AND MORE DANGEROUS.  BECAUSE THEY ARE

                    GOING TO JUST HAVE ANOTHER LEVEL OF SCRUTINY.  THEY ARE UNDER A

                    TREMENDOUS LEVEL OF SCRUTINY IN DOING THEIR JOBS EACH AND EVERY DAY.

                    AND UNFORTUNATELY, IT'S ONLY WHEN SOMETHING BAD HAPPENS THAT WE SEE

                    IT IN THE NEWS, AND WE DON'T SEE THE COUNTLESS TIMES THAT THEY SHOW UP

                    AT A SCENE, DIFFUSE A SITUATION AND AVOID A TRAGIC CIRCUMSTANCE FOR

                    THEMSELVES, THEIR COLLEAGUES IN LAW ENFORCEMENT, INNOCENT BYSTANDERS,

                    AND EVEN SOMEBODY THAT THEY'RE -- THEY'RE COMING IN TO -- TO PERHAPS

                    ARREST.  SO, WE SHOULDN'T REALLY BE -- BE LOOKING TO BE THIS EXPANSIVE IN

                    TERMS OF -- IN TERMS OF THESE REPORTING REQUIREMENTS, BECAUSE --

                    BECAUSE I THINK IT IS GOING TO BE JUST ANOTHER THING THAT HAS TO BE IN THE

                    BACK OF A MIND OF THAT LAW ENFORCEMENT OFFICER WHEN THEY ARRIVE UPON

                    A SCENE.  AND IT -- IT REALLY SUBJECTS THEM TO -- TO MORE DANGERS IN -- IN

                    THEIR DAY-TO-DAY JOBS.

                                 SO, YOU KNOW, THIS -- THIS BILL HAS A NUMBER OF THINGS

                    THAT ARE -- THAT ARE TROUBLING TO ME AND I'M GOING TO BE CASTING MY VOTE

                                         235



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    IN THE NEGATIVE.  BUT -- BUT REALLY ONE -- ONE OF THE MAIN ONES IS -- IS

                    THIS POLICY THAT I THINK IS GOING -- GOING TO MAKE THINGS MORE

                    DANGEROUS FOR OUR LAW ENFORCEMENT OFFICERS.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. LALOR.

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

                    SPONSOR YIELD FOR A COUPLE OF QUICK QUESTIONS?

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN, WILL

                    YOU YIELD?

                                 MS. WEINSTEIN:  SURE.  YEAH, I'D BE HAPPY TO.

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN

                    YIELDS.

                                 MR. LALOR:  RELATED TO THE TOPIC OF THREE HOURS OFF,

                    DOES IT APPLY TO FULL-TIME AND PART-TIME EMPLOYEES?

                                 MS. WEINSTEIN:  THE LAW DOES NOT DISTINGUISH -- I

                    -- I SHOULD JUST SAY IT, BECAUSE I DON'T THINK IT'S COME UP IN THE PRIOR

                    CONVERSATIONS ABOUT THIS SECTION, THAT THERE IS A REQUIREMENT OF

                    PROVIDING TWO DAYS NOTICE TO YOUR EMPLOYER.

                                 MR. LALOR:  BUT, DO YOU THINK IT WILL POTENTIALLY

                    APPLY TO PART-TIME EMPLOYEES?  SOMEBODY WHO WORKS FOUR HOURS A

                    DAY, THEY'RE GOING TO GET THREE HOURS OFF TO VOTE AND ONE HOUR TO WORK?

                                 MS. WEINSTEIN:  YOU KNOW, THE RIGHT TO VOTE

                    OBVIOUSLY IS A CONSTITUTIONAL RIGHT.  JUST BECAUSE SOMEONE IS WORKING

                    PART-TIME AT ONE LOCATION DOESN'T MEAN THEY'RE NOT WORKING PART-TIME AT

                    A SECOND JOB AT ANOTHER LOCATION, SO THE -- THE FACT THAT -- THAT IS --

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MR. LALOR:  YOU -- YOU BRING UP A GREAT POINT.

                    WHAT IF I HAVE TWO JOBS?  DOES EACH EMPLOYER HAVE TO GIVE ME THREE

                    HOURS OFF?

                                 MS. WEINSTEIN:  WELL, WE -- WE ENCOURAGE PEOPLE

                    TO VOTE JUST ONCE, EVEN THOUGH SOMETIMES WE WILL KID AROUND AND TELL

                    THEM TO VOTE TWICE.  SO, YOU'RE -- YOU'RE ONLY SUPPOSED TO VOTE ONCE, SO

                    YOU SHOULD ONLY BE ENTITLED TO HAVE THE THREE HOURS OFF TO -- TO VOTE

                    ONCE.

                                 MR. LALOR:  IS THERE A MECHANISM IN PLACE THAT

                    WOULD VERIFY THAT SOMEONE ISN'T USING TWO EMPLOYERS AND GETTING THREE

                    HOURS OF TIME?

                                 MS. WEINSTEIN:  NO, IN THE SAME WAY THERE'S NOT

                    SOME -- SOME PROCEDURE IN PLACE TO MAKE SURE SOMEBODY ISN'T GETTING

                    -- SIGNING UP FOR A COLONOSCOPY EVERY OTHER WEEK.

                                 MR. LALOR:  INTERESTING -- INTERESTING ANALOGY.

                    INTERESTING ANALOGY.

                                 (LAUGHTER)

                                 BUT THAT LEADS ME TO A QUESTION:  IF AN EMPLOYEE SAYS

                    TWO -- TWO DAYS NOTICE, I -- I NEED SOME TIME TO GO VOTE, AND THEY LEAVE

                    FOR THREE HOURS AND THEY DON'T VOTE AND THEY'RE PAID THOSE THREE HOURS,

                    HOW IS THAT DIFFERENT THAN PUNCHING IN FOR THREE HOURS WHEN YOU'RE NOT

                    WORKING?  AND SHOULD IT BE PROSECUTABLE?  OR WOULD IT BE

                    PROSECUTABLE?

                                 MS. WEINSTEIN:  I -- I DON'T BELIEVE IT'S A -- A CRIME

                    TO INTEND TO VOTE AND THEN DECIDE NOT TO VOTE.  YOU KNOW, IF -- IF AN

                                         237



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    EMPLOYER WERE TO DETERMINE THAT SOMEONE ON ELECTION DAY TOOK OFF

                    THREE HOURS AND DIDN'T AND THEY DETERMINED THEY DIDN'T VOTE, THEY

                    CERTAINLY COULD -- I WOULD THINK THEY COULD DOCK THEM -- DOCK THEM

                    THAT PAY.  BUT THIS IS -- THERE IS NO -- NO ONE IS GOING AROUND AND

                    CHECKING TO SEE IF THEY ACTUALLY WENT TO THE POLLING SITE AND -- AND

                    VOTED.

                                 MR. LALOR:  RIGHT.  BUT IF I HAVE 100 EMPLOYEES

                    AND THEY ALL GET $15 AN HOUR, WHICH IS THE MINIMUM WAGE OF SOME

                    PLACES, THAT'S $45 TIMES 100 EMPLOYEES.  THAT'S BIG MONEY.  IS IT ON ME,

                    THE EMPLOYER, TO POLICE WHETHER THE PEOPLE ARE ACTUALLY VOTING?

                                 MS. WEINSTEIN:  WELL, RIGHT NOW, IT IS -- AS I SAID,

                    ALL WE ARE DOING IS WE'RE BASICALLY ADDING THE HOURS FROM TWO HOURS TO

                    THREE HOURS.  WE DON'T SET UP A MECHANISM TO FOLLOW PEOPLE TO THE

                    POLLS TO MAKE SURE THEY'RE VOTING.

                                 MR. LALOR:  COULD I CLOSE MY HYPOTHETICAL

                    RESTAURANT ON ELECTION DAY TO AVOID THIS?  ANY PROHIBITION ON THAT?

                                 MS. WEINSTEIN:  IF YOU DECIDE YOU DON'T -- IF

                    SOMEONE DECIDES THEY DON'T WANT THEIR BUSINESS OPEN ON ELECTION DAY,

                    THAT'S THEIR, CLEARLY --

                                 MR. LALOR:  BUT HERE'S WHERE IT'S A LOGICAL

                    QUESTION.  IF I HAVE TO ALLOW SOME EMPLOYEES TO LEAVE FOR THREE HOURS,

                    NOW I HAVE TO BRING IN OTHER EMPLOYEES TO FILL IN FOR THEM, AND THEY

                    HAVE TO GET THREE HOURS.  IT SEEMS LIKE NEVER-ENDING CYCLE.  I MIGHT JUST

                    SAY, YOU KNOW WHAT?  I'M GOING TO CLOSE.  I WANT TO MAKE SURE THERE'S

                    NO PROHIBITION ON EMPLOYERS CLOSING ON ELECTION DAY.

                                         238



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MS. WEINSTEIN:  SO, THE -- THE CURRENT LAW AND

                    THEN WE'RE ADDING THE EXTRA HOUR HAS TO DO WITH SOMEONE COMING IN AT

                    THE BEGINNING OF THE DAY --

                                 MR. LALOR:  SURE.

                                 MS. WEINSTEIN:  -- LATE -- LATER, OR LEAVING EARLY --

                                 MR. LALOR:  YES.

                                 MS. WEINSTEIN:  YOU KNOW, AGAIN, IF YOU WANT TO

                    CLOSE -- IF SOMEONE WANTS TO CLOSE THEIR BUSINESS, THAT'S THEIR OPTION.

                    WE'RE TRYING TO ALLOW PEOPLE TO HAVE THE OPPORTUNITY TO EXERCISE THEIR

                    CONSTITUTIONAL RIGHT TO -- TO VOTE.  POLLING SITES ARE NOT ON EVERY CORNER,

                    AND OFTEN THERE CAN BE LONG LINES AND WAITS AT A -- AT A POLLING SITE, AND

                    MANY PEOPLE HAVE OBLIGATION -- FAMILY OBLIGATIONS, OTHERS HAVE SECOND

                    JOBS, AS I MENTIONED -- OBLIGATIONS THAT PREVENT THEM FROM BEING ABLE

                    TO SPEND THE TIME THEY'RE NOT WORKING WAITING AT A POLLING SITE TO VOTE.

                                 MR. LALOR:  GREAT.  FAIR ENOUGH.  AND ONLY

                    SOMEONE WHO'S A CITIZEN AND A REGISTERED VOTER WOULD BE ELIGIBLE FOR

                    THIS... WHAT AMOUNTS TO A BENEFIT.  WILL THE STATE HOLD HARMLESS THE

                    EMPLOYER WHEN THE NONCITIZEN OR NONREGISTERED VOTER SUES THE

                    EMPLOYER FOR UNEQUAL TREATMENT?  IN OTHER WORDS, SOME EMPLOYEES ARE

                    GOING TO HAVE A THREE-HOUR PAID BREAK, OTHER EMPLOYEES - BECAUSE

                    THEY'RE NOT A CITIZEN, OR BECAUSE THEY'RE NOT REGISTERED TO VOTE ARE NOT -

                    THAT -- THAT OPENS PANDORA'S BOX OF LITIGATION.  WILL THE STATE -- WILL THE

                    STATE HOLD HARMLESS THE EMPLOYER WHEN THAT HAPPENS?  WHICH, IN THIS

                    LITIGIOUS -- LITIGIOUS STATE, IT INEVITABLY WILL.

                                 MS. WEINSTEIN:  I -- I DON'T THINK THERE'S A EQUAL

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    PROTECTION CLAIM FOR SOMEONE NOT BEING -- NOT GETTING TIME OFF BECAUSE

                    THEY'RE NOT -- NOT ALLOWED TO -- TO VOTE.

                                 MR. LALOR:  REALLY?  IF YOU GOT THREE HOURS OFF BUT

                    THE GUY WORKING NEXT TO YOU DIDN'T GET THE THREE HOURS OFF, HE MIGHT BE

                    UPSET.  BECAUSE -- BECAUSE OF HIS CITIZENSHIP STATUS.

                                 MS. WEINSTEIN:  YES, I MEAN -- YOU KNOW, WE --

                    THERE'S LOTS OF THINGS IN LAW WE HAVE TIME -- TIME OFF FOR THAT OTHER

                    PEOPLE DON'T HAVE ADVANTAGE.  WE HAVE FAMILY LEAVE.  THAT DOESN'T

                    MEAN THAT SOMEONE WHO DOESN'T HAVE A CHILD CAN SAY, I DIDN'T GET MY

                    FAMILY LEAVE BECAUSE I DIDN'T HAVE A CHILD --

                                 MR. LALOR:  ACTUALLY, WE JUST -- ACTUALLY, WE JUST

                    DID THAT.  WE -- WE EXPANDED FAMILY LEAVE TO COVER PEOPLE WHO DON'T

                    HAVE CHILDREN, BUT...  SO, THAT -- THAT KIND OF DOES SHOW WHERE WE'RE

                    GOING WITH THIS LEGISLATION.

                                 MS. WEINSTEIN:  WELL -- OKAY.

                                 MR. LALOR:  LET ME MOVE ON TO MY NEXT QUESTION.

                                 MS. WEINSTEIN:  SURE.

                                 MR. LALOR:  THIS IS -- THIS IS GOING TO BE EXPENSIVE.

                    DO WE KNOW HOW MUCH IT WILL COST THE EMPLOYERS OF NEW YORK STATE?

                                 MS. WEINSTEIN:  NO.

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

                                 ACTING SPEAKER AUBRY:  ON THE BILL.

                                 MR. LALOR:  MR. SPEAKER, A HALF A DOZEN OF MY

                    COLLEAGUES, MAYBE MORE, HAVE PUNCHED SO MANY HOLES IN THIS PIECE OF

                    LEGISLATION, I DON'T KNOW WHAT'S LEFT OF IT.  IT DOESN'T BELONG IN A BUDGET.

                                         240



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    IT CLEARLY HASN'T BEEN THOUGHT THROUGH.  BASIC, BASIC QUESTIONS OF WHO IT

                    APPLIES TO AND WHO IT DOESN'T APPLY TO HAVE -- HAVE NOT BEEN ADDRESSED,

                    CANNOT BE ADDRESSED.  WE SHOULD PULL THIS OUT OF THE BUDGET AND MAYBE

                    DEBATE IT AS A STANDALONE BILL.  BUT WE'RE TALKING ABOUT A $175 BILLION

                    BUDGET HERE, AND HUGE PORTIONS OF IT, INCLUDING THIS, HAVE NOT BEEN

                    THOUGHT THROUGH.  SO, I'LL -- I'LL BE VOTING IN THE NEGATIVE.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MR. FINCH.

                                 MR. FINCH:  WILL THE CHAIRMAN [SIC] ANSWER A

                    COUPLE OF QUESTIONS?

                                 MS. WEINSTEIN:  SURE.  I'D BE HAPPY TO, GARY.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MR. FINCH:  I THINK WE'VE GONE OVER THIS SO, I DON'T

                    WANT TO BE REDUNDANT, BUT AS I UNDERSTAND, THERE'S 45,000 CONVICTS,

                    PRISONERS, RESIDENTS - HOWEVER WE CHOOSE TO CALLED THEM - IN THE

                    SYSTEM.  WE'RE TALKING ABOUT CORRECTIONS NOW.

                                 MS. WEINSTEIN:  RIGHT.  I THINK 47- DOWN FROM, I

                    BELIEVE I SAID 73- IN 1999.

                                 MR. FINCH:  DO YOU KNOW HOW MANY HAVE BEEN

                    RECLASSIFIED, OF THOSE, FROM MAXIMUM TO MEDIUM TO -- I GUESS THEY

                    HAVE SOME HALFWAY HOUSES AS WELL.

                                 MS. WEINSTEIN:  I -- I REALLY COULDN'T TELL YOU.  I

                    KNOW THAT DOCS DOES MAKE TRANSFERS FOR VARIOUS REASONS, AND I WOULD

                    TELL YOU WE HAVEN'T CHANGED -- WE HAVEN'T -- THERE'S BEEN NO TRANSFERS

                    THAT WE'RE AWARE OF THAT WERE A RESULT OF A PRIOR PRISON CLOSING, AND WE

                                         241



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    HAVEN'T CLOSED ANY MAXIMUM FACILITIES.

                                 MR. FINCH:  HOW MANY -- HOW MANY TRANSFERS OR

                    RECLASSIFICATIONS HAPPENED PRIOR TO A CLOSING, IN ANTICIPATION OF THE

                    CLOSING?

                                 MS. WEINSTEIN:  I -- I -- YOU KNOW, I DON'T HAVE

                    THAT INFORMATION AND I DON'T KNOW THAT -- THAT THEY'RE -- WE'RE AWARE

                    THAT THERE HAVE -- TRANSFERS HAVE BEEN MADE -- THAT TRANSFERS ARE MADE

                    IN ANTICIPATION OF CLOSING OF A FACILITY.  AS I MENTIONED, MAX -- MAX

                    FACILITIES HAVE NOT BEEN -- HAVE NOT BEEN CLOSED.

                                 MR. FINCH:  WELL, THERE ARE TRANSFERS.  I MEAN, I

                    UNDERSTAND THAT -- THAT HAPPENS EVERY DAY OF THE WEEK AND FOR A

                    MULTITUDE OF REASONS.  I'M TALKING ABOUT RECLASSIFICATION SPECIFICALLY FOR

                    THE PURPOSE OF TAKING AN INMATE AND MOVING HIM FROM A MAX TO A

                    MEDIUM SECURITY.

                                 MS. WEINSTEIN:  ARE -- ARE YOU TALKING IN TERMS OF

                    A CLOSURE OR JUST IN GENERAL?

                                 MR. FINCH:  WELL, I THINK IN ANTICIPATION OF CLOSURE.

                    I WAS WONDERING IF THAT HAPPENED.

                                 MS. WEINSTEIN:  IT HASN'T HAPPENED BECAUSE THEY

                    --

                                 MR. FINCH:  TO CHANGE THE CENSUS.

                                 MS. WEINSTEIN:  RIGHT, NO, I UNDERSTAND BUT I -- I

                    THINK THAT -- I DON'T KNOW IF YOU CAUGHT WHAT I SAID EARLIER THAT THEY

                    HAVEN'T CLOSED MAXIMUM FACILITIES, ONLY MEDIUM FACILITIES.  SO THERE

                    WOULDN'T HAVE BEEN A RECLASSIFICATION FROM A MAX TO A MEDIUM FOR THE

                                         242



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    PURPOSE OF A -- AS A RESULT OF PROPOSED CLOSURE BECAUSE THAT ISN'T --

                    THOSE AREN'T THE FACILITIES THAT ARE CLOSING, THE MAX ARE.

                                 MR. FINCH:  ARE ANY OF THOSE NUMBERS AVAILABLE,

                    OR...

                                 MS. WEINSTEIN:  NOT WHILE WE STAND HERE TODAY,

                    BUT, YOU KNOW, I'M SURE IF THERE IS A REAL INT -- YOU KNOW, IF YOU

                    EXPRESSED A REAL INTEREST, THEN WE'LL MAKE SURE WE GET YOU THOSE

                    NUMBERS AFTER TODAY.

                                 MR. FINCH:  HOW MUCH OF A SAVING ARE WE GOING TO

                    ENJOY BY CLOSING SOME OF THESE FACILITIES?

                                 MS. WEINSTEIN:  LIKE $21.5 MILLION IN THIS BUDGET

                    -- THIS BUDGET YEAR AND THEN $35 MILLION IN THE OUT YEAR.

                                 MR. FINCH:  I THINK WE'D ALL AGREE ON AT LEAST ONE

                    THING:  THAT PRISONS ARE DANGEROUS PLACES TO BE IN, WHETHER YOU'RE A

                    CONVICT OR A CIVILIAN EMPLOYEE OR YOU'RE A CORRECTION OFFICER.  AND MY

                    CONCERN IS SAFETY.  I MEAN, WE JAM -- OVERCROWD THESE PRISONS WITH

                    DOUBLE-BUNKING.  WE -- WE RECLASSIFY PRISONERS AND TAKE SOMETIMES

                    DANGEROUS CRIMINALS, MOVE THEM TO A MEDIUM SECURITY, CREATING A

                    SECURITY PROBLEM THERE.  THAT'S AN ISSUE AS WELL.  WOULD YOU --

                                 MS. WEINSTEIN:  I -- I WOULD RESPECTFULLY DISAGREE

                    ON THAT.  NEW YORK STATE HAS ONE OF THE LOWER RATIOS OF CORRECTIONS

                    OFFICERS TO PRISONERS, THREE TO ONE, SO WE'RE AT A MUCH, MUCH LOWER

                    RATIO THAN SOME OTHER STATES.  AND AS I MENTIONED, THERE AREN'T

                    OVERCROWDING ISSUES, SINCE WE HAVE 10,000 EMPTY BEDS IN OUR SYSTEM

                    TODAY.  SO I -- I UNDERSTAND WHERE YOU'RE COMING FROM BUT, YOU KNOW, I

                                         243



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    UNDERSTAND THE PROPOSAL --

                                 MR. FINCH:  ARE YOU AWARE -- ARE YOU AWARE THAT

                    AUBURN CORRECTIONAL FACILITY IS IN A SHUT-DOWN POSITION RIGHT NOW

                    BECAUSE OF ASSAULTS THAT ARE GOING ON IN THE CORRECTIONAL FACILITY?

                                 MS. WEINSTEIN:  ARE YOU TALKING ABOUT LIKE A

                    TEMPORARY LOCKDOWN THAT WOULD HAPPEN BECAUSE OF AN INCIDENT?

                                 MR. FINCH:  I THINK MULTIPLE, MULTIPLE INCIDENTS.

                                 MS. WEINSTEIN:  RIGHT, BUT YOU'RE SAYING -- YOU'RE

                    NOT SAYING A CLOSURE.  YOU'RE SAYING LIKE A TEMPORARY --

                                 MR. FINCH:  SHUT DOWN.  NOT -- NO.  NO, AUBURN

                    HASN'T BEEN CLOSED --

                                 MS. WEINSTEIN:  RIGHT.  NO, YOU'RE TALKING ABOUT

                    --

                                 MR. FINCH:  -- BUT THERE'S A SHUTDOWN ON THE FACILITY

                    RIGHT NOW BECAUSE OF MULTIPLE ASSAULTS.  LOCKDOWN.

                                 MS. WEINSTEIN:  RIGHT.  ALL RIGHT.  I'M, NOT AWARE

                    THAT THAT'S HAPPENING --

                                 MR. FINCH:  I HAVEN'T GOT ALL THE TERMINOLOGY DOWN,

                    BUT A LOCKDOWN.

                                 MS. WEINSTEIN:  RIGHT.  RIGHT.  I'M NOT AWARE --

                    I'M NOT AWARE THAT THAT'S HAPPENING CURRENTLY --

                                 MR. FINCH:  THAT'S HAPPENED --

                                 MS. WEINSTEIN:  -- AT AUBURN.

                                 MR. FINCH:  AND -- AND THE MORALE WITHIN THE

                    SYSTEM RIGHT NOW IS PROBABLY AT AN ALL-TIME LOW, FROM WHAT WE HEAR.

                                         244



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    AND I GET PHONE CALLS FROM COS AND CIVILIAN EMPLOYEES AS WELL.

                                 MS. WEINSTEIN:  HOPEFULLY THE PAY BILL THAT WE --

                    THAT WE ADOPTED EARLIER WILL HELP WITH THE MORALE ISSUES.

                                 MR. FINCH:  YOU THINK SO.  THANKS.

                                 ON THE BILL.

                                 MS. WEINSTEIN:  SURE.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. FINCH:  THE PRISON SYSTEM IS -- IS NOT A PLACE

                    WHERE WE CONCERN OURSELVES ABOUT FINDING A PLACE TO WORK.  WHAT WE

                    CONCERN OURSELVES WITH IS THE SAFETY OF THE INMATES AND THE EMPLOYEES

                    WHO WORK THERE.  THAT'S IMPORTANT.  AND ONE THING WE NEED TO AVOID IS

                    TO OVERCROWD THESE FACILITIES TO THE POINT WHERE WE DRIVE PEOPLE THAT

                    WORK WITHIN THEM, THE CRIM -- AND ALSO THE PRISONERS FOR AN

                    INSURRECTION.  WE'VE GONE THROUGH THAT IN THE PAST.  AUBURN HAS

                    EXPERIENCED AN INSURRECTION.  ATTICA.  WE DON'T WANT TO DO THAT AGAIN IN

                    THE INTEREST OF SAVING A FEW MILLION DOLLARS IN A BUDGET OF A $175-PLUS

                    BILLION.  THESE THINGS ARE IMPORTANT.  WE HAVE EMPLOYEES TO PROTECT,

                    AND WE HAVE A RESPONSIBILITY FOR THE PRISONERS WE PROTECT AS WELL.

                                 THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. FRIEND.

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

                    MADAM CHAIRWOMAN YIELD?

                                 MS. WEINSTEIN:  SURE.

                                 ACTING SPEAKER AUBRY:  THE CHAIR YIELDS.

                                         245



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MR. FRIEND:  ALL RIGHT.  ON THE ASSET FORFEITURE.  I

                    DON'T KNOW TOO MUCH ABOUT THIS, BUT I JUST WANTED TO ASK FOR SOME

                    CLARIFICATION.  IT SAYS THAT THERE'S GOING TO BE AN ESCROW ACCOUNT CREATED

                    FOR THESE ASSETS THAT ARE FORFEITED, AND IT'S GOING TO BE MANAGED BY

                    FINANCIAL PROFESSIONALS.  WHO ARE THESE PROFESSIONALS GOING TO BE?  ARE

                    THEY GOING TO BE STATE EMPLOYEES OR PRIVATE?  DID WE THINK ABOUT USING

                    THE STATE COMPTROLLER FOR THAT PROCESS?

                                 MS. WEINSTEIN:  THE -- THE CHIEF FINANCIAL OFFICER

                    OF THE LOCALITY.

                                 MR. FRIEND:  OKAY.  ALL RIGHT.  AND THEN THE OTHER

                    RECORDS THAT HAVE TO BE MAINTAINED.  IT SAYS THAT YOU HAVE TO KEEP

                    RECORDS OF THEIR -- THE DEFENDANT'S DEMOGRAPHIC INFORMATION SUCH AS

                    RACE, ETHNICITY, AGE, GENDER, TO ENSURE THAT THE SEIZURE OF ASSETS IS BEING

                    CARRIED OUT FAIRLY AND CONSISTENTLY.  HOW DO WE DETERMINE "FAIRLY AND

                    CONSISTENTLY?"  IS IT A NUMBER OF ARRESTS AND THE OPPORTUNITY TO MAKE

                    SEIZURES, OR THE TOTAL NUMBER OF SEIZURES MADE?

                                 MS. WEINSTEIN:  I -- I THINK IT WOULD LOOK AT THE --

                    THE -- THE SEIZURES -- SEIZURES -- SEIZURES MADE.  IT -- IT'S REALLY FOR US TO

                    BETTER UNDERSTAND HOW CIVIL ASSET FORFEITURES IS USED IN THE -- USED IN

                    THE STATE, THEN WE COULD -- ONCE WE HAVE THAT INFORMATION WE'LL BE IN A

                    BETTER POSITION TO EVALUATE OUR FORFEITURE SYSTEM, MAKE APPROPRIATE

                    CHANGES THAT MIGHT BE IDENTIFIED.  THERE WAS A HEARING, A JOINT HEARING

                    BETWEEN THE JUDICIARY COMMITTEE AND CODES COMMITTEE IN 2014, AND

                    A LOT OF PROBLEMS WITH OUR CIVIL FORFEITURE STATUTE WERE IDENTIFIED.  THIS

                    LEGISLATION ADDRESSES MANY OF THEM.

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MR. FRIEND:  OKAY.  SO THE -- THE LEGISLATURE

                    WOULD BE REVIEWING IT, THEN, TO MAKE RECOMMENDATIONS LATER ON.  IS

                    THAT THE CASE?

                                 MS. WEINSTEIN:  YES.

                                 MR. FRIEND:  YES.  OKAY.

                                 I'D LIKE TO MOVE ON TO THE PRISON CLOSURES.

                                 MS. WEINSTEIN:  OKAY.

                                 MR. FRIEND:  AS YOU'VE ALREADY MENTIONED, WE

                    HAVE A NUMBER OF EMPTY BEDS THAT YOU'RE CLAIMING AT THE MEDIUM

                    SECURITY PRISONS, IN WHICH CASE YOU'RE GIVING A REASON TO HAVE THESE

                    CLOSURES TAKE PLACE, BUT WHY ARE WE GIVING THE AUTHORITY TO THE

                    GOVERNOR TO REDUCE FROM ONE YEAR TO 90 DAYS?  OBVIOUSLY, YOU

                    PROBABLY HAVE IN SOME OF THESE PRISONS THAT YOU WANT TO CLOSE DOWN,

                    INMATES IN THOSE FACILITIES THAT WOULD NEED TO BE RELOCATED, IN ADDITION

                    TO THE STAFF THAT NEED TO BE RELOCATED.  AND JUST TO MAKE SURE

                    EVERYTHING'S DONE ON A TIMELY, SMOOTH SCALE TO PROTECT BOTH THE INMATES

                    AND THE STAFF, WHY ARE -- WHY ARE WE REDUCING THIS TIMEFRAME SO

                    DRASTICALLY?

                                 MS. WEINSTEIN:  TO PRODUCE SAVINGS THIS YEAR.

                                 MR. FRIEND:  BUT THESE ARE SAVINGS AT THE COST OF

                    NOT ONLY THE INMATES, THE CORRECTIONS OFFICERS, BUT ALSO THE CITIZENS OF

                    NEW YORK STATE.  THAT'S JUST NOT -- THAT'S NOT A SANE MEASURE TO GO

                    AHEAD AND DO, I DON'T THINK.  BUT I'LL -- I'LL LEAVE THAT.  BY DOING THESE

                    CLOSURES, DO YOU THINK WE'RE GOING TO HAVE BETTER OUTCOMES FOR NEW

                    YORK STATE, FOR OUR INMATES THAT ARE IN THOSE PRISONS, OR FOR THE

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    CORRECTIONS OFFICERS THAT ARE TRYING TO TAKE CARE AND REHABILITATE THESE

                    INMATES?

                                 MS. WEINSTEIN:  WE'RE NOT MAKING CHANGES TO

                    PROGRAMS THAT ARE OFFERED WITHIN THE FACILITIES, SO I -- I DON'T THINK THAT

                    IT WILL MAKE A DIFFERENCE.

                                 MR. FRIEND:  I MEAN, YOU'RE NOT MAKING CHANGES TO

                    THE PROGRAMS OFFERED, BUT YOU'RE GOING TO -- YOU'RE GOING TO INCREASE

                    THE POPULATION DENSITY AT -- AT THE PRISONS THAT ARE GOING TO BE

                    REMAINING.  AND BY DOING THAT INCREASE IN POPULATION DENSITY, YOU'RE --

                    YOU'RE INCREASING THE OPPORTUNITY FOR VIOLENCE OR FOR ALTERCATIONS TO

                    OCCUR WITHIN THOSE FACILITIES.  THAT'S A VERY TENSE ENVIRONMENT THAT

                    THEY'RE ALL IN.

                                 MS. WEINSTEIN:  AS I MENTIONED BEFORE -- OR

                    EARLIER, WE HAVE 10,000 EMPTY BEDS IN OUR SYSTEM BECAUSE OUR

                    POPULATION -- TOTAL STATE POPULATION -- PRISON POPULATION HAS GONE FROM

                    73,000 IN 20 YEARS TO 47,000 INMATES.  WE HAVE ALMOST 4,400

                    MINIMUM -- I MEAN, MEDIUM FACILITY EMPTY BEDS.  SO WE THINK THAT

                    THERE IS THE CAP -- EXISTING CAPACITY AFTER TWO PRISONS ARE SHUT, TO

                    ABSORB THESE ADDITIONAL -- ADDITIONAL PRISONERS WITHOUT CAUSING ANY

                    DISRUPTION IN -- IN THE -- ANY LONG-TERM DISRUPTION, I WOULD SAY, IN THE

                    SYSTEM.

                                 MR. FRIEND:  THE RUMOR IS THAT IN THE BIG UGLY

                    WE'RE GOING TO SEE A THIRD PRISON ADDED TO THIS LIST.  BUT EVEN SO, TWO

                    PRISONS OR THREE PRISONS -- SO IT'S GOING -- IT'S YOUR IDEA THAT WE'RE STILL

                    GOING TO HAVE ROOM WITHIN THE PRISONS, THAT THERE WON'T BE

                                         248



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    OVERCROWDING GOING ON.

                                 MS. WEINSTEIN:  CORRECT.  WE DO NOT BELIEVE THERE

                    WILL BE OVERCROWDING AS A RESULT OF THE -- OF TWO PRISONS CLOSING.

                                 MR. FRIEND:  NOW, WHEN -- WHEN WILL THIS 90 DAYS

                    TAKE EFFECT?  I MEAN, IS THERE AN OPPORTUNITY THAT THE GOVERNOR COULD

                    POSSIBLY WAIT --

                                 (PAUSE)

                                 COULD WE BE WAITING THE 270 DAYS AND THEN HE

                    ANNOUNCES IN THE LAST PART OF THE YEAR THAT WE'RE GOING TO DO THIS

                    CLOSURE AND KIND OF GIVE EVERYBODY A TIMEFRAME TO WORK THIS UP?

                                 MS. WEINSTEIN:  IT'S ANTICIPATED THAT SEPTEMBER 1

                    -- THAT SEPTEMBER 1 WILL BE THE DATE OF CLOSURE, SO IF YOU GO BACK -- IF

                    YOU WENT BACK THE THREE MONTHS FROM THAT, IT WOULD BE EARLY JUNE.

                                 MR. FRIEND:  JUNE.

                                 MS. WEINSTEIN:  THAT THE FORMAL ANNOUNCEMENT, I

                    WOULD ANTICIPATE THAT WE PROBABLY WOULD KNOW IN ADVANCE OF THAT.

                    BUT THE 90 DAYS IS THE MINIMUM REQUIRED NOTICE FOR THE GOVERNOR.

                                 (PAUSE)

                                 ACTING SPEAKER AUBRY:  MRS. PEOPLES-STOKES,

                    WHY DO YOU RISE?

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, I WANT TO

                    INTERRUPT THE PROCEEDINGS FOR A MINUTE SO THAT I MIGHT LAY THIS ASIDE

                    TEMPORARILY SO THAT WE CAN HAVE A CONFERENCE IN THE SPEAKER'S

                    CONFERENCE ROOM IMMEDIATELY --

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE

                                         249



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    TEMPORARILY.

                                 MRS. PEOPLES-STOKES:  WHEN WE RETURN -- WHEN

                    WE RETURN TO MR. FRIEND'S NINE MINUTES, RIGHT WHERE WE LEFT OFF, WE WILL

                    RETURN IN JUST A MOMENT, MR. SPEAKER.  SPEAKER'S CONFERENCE ROOM

                    RIGHT AWAY.

                                 ACTING SPEAKER AUBRY:  CONFERENCE IN THE

                    SPEAKER'S CONFERENCE ROOM.

                                 THE HOUSE WILL STAND AT EASE.

                                 (WHEREUPON, THE HOUSE STOOD AT EASE.)

                    *****



                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, WOULD YOU

                    PLEASE CALL THE HOUSE BACK TO ORDER?

                                 ACTING SPEAKER AUBRY:  THE HOUSE WILL COME

                    TO ORDER.

                                 MRS. PEOPLES-STOKES:  THANK YOU.  IF YOU COULD

                    RECOGNIZE MR. FRIEND --

                                 ACTING SPEAKER AUBRY:  MR. --

                                 MRS. PEOPLES-STOKES: -- SO HE MIGHT COMPLETE

                    HIS QUESTIONS.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.

                                 MR. FRIEND.

                                 AND YOU HAVE NINE MINUTES AND EIGHT SECONDS.

                                 MR. FRIEND:  WILL MADAM CHAIR YIELD?

                                 MS. WEINSTEIN:  YES.

                                         250



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 ACTING SPEAKER AUBRY:  THE CHAIR YIELDS.

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

                                 MR. FRIEND:  ALL RIGHT.  SO, IF WE COULD CONTINUE ON

                    THE PRISON CLOSURE.

                                 MS. WEINSTEIN:  SURE.

                                 MR. FRIEND:  SO I WAS JUST WONDERING -- AGAIN,

                    LOOKING AT BETTER OUTCOMES.  DO WE HAVE A STATEMENT FROM

                    NYSCOPBA OR POSSIBLY EVEN PEF ON THESE CLOSURES AND WHAT THEIR

                    COMMENTS ARE?

                                 MS. WEINSTEIN:  I'M --

                                 (PAUSE)

                                 I -- I HAVE NOT SEEN ANYTHING.  IT'S POSSIBLE, YOU KNOW,

                    MAYBE YOU HAVE, BUT I HAVE NOT.

                                 MR. FRIEND:  OKAY.  AND THEN FOR THE -- OUTSIDE THE

                    PRISON CLOSURE, AGAIN, JUST LOOKING AT -- FOR THE ENVIRONMENT WITHIN THE

                    PRISONS, HAVE WE DONE ANYTHING TO PUT MONEY IN THE BUDGET FOR MORE

                    DRUG DOGS?

                                 MS. WEINSTEIN:  NO.

                                 MR. FRIEND:  OR THINK ABOUT RETURNING BACK TO THE

                    CENTRAL RECEIVING TO SEARCH CONTRABAND SO THAT DOESN'T GET INTO THE

                    PRISONS?

                                 MS. WEINSTEIN:  NO.

                                 MR. FRIEND:  OKAY.  I JUST WANT TO READ A COMMENT

                    FROM ONE OF THE CORRECTION OFFICERS BACK IN JANUARY, AT THE END OF

                    JANUARY, AT THE ELMIRA CORRECTIONAL FACILITY.  SO I'LL -- I'LL GO ON THE BILL

                                         251



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    FOR JUST A MOMENT.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. FRIEND:  SO AT THE END OF JANUARY, AN ELMIRA

                    CORRECTION OFFICER WAS TAKEN TO THE HOSPITAL AFTER AN INMATE ATTACK.

                    AND I JUST WANT TO READ A STATEMENT FROM ONE OF THE COS, BECAUSE

                    WE'RE LOOKING AT CLOSING THESE PRISONS -- EVEN THOUGH THERE IS A

                    POPULATION REDUCTION WITHIN THE PRISONS, WE STILL HAVE ISSUES WITH

                    INDIVIDUALS IN THOSE PRISONS POSSIBLY BECAUSE OF THEIR PAST INTERACTIONS

                    WITH OTHER INDIVIDUALS OR WHERE THEY COME FROM IN THE STATE, THE

                    CRIMES THAT THEY MAY HAVE COMMITTED, GANGS THAT THEY MAY BELONG TO

                    OR OTHER AFFILIATIONS, THEY MAY CLASH WITH EACH -- WITH ONE ANOTHER

                    WHEN WE BRING THEM BACK INTO CLOSE PROXIMITY TO EACH OTHER.  AND THIS

                    STATEMENT SAYS, STAFF ATTACKS CONTINUE TO BE ONE OF THE MOST TROUBLING

                    ISSUES WE DEAL WITH INSIDE OUR CORRECTIONAL FACILITIES.  A NYSCOPBA

                    SPOKESPERSON SAID IN A STATEMENT, WITH CHANGES IN THE DISCIPLINARY

                    SYSTEM, THERE IS NO REAL DIFFERENCE -- NO REAL DETERRENT FOR INMATES NOT

                    TO BRAZENLY ATTACK STAFF.  IN 2018, ATTACKS ON STAFF ONCE AGAIN REACHED

                    RECORD LEVELS.  OUR MEMBERS WILL CONTINUE TO PUT -- BE PUT IN HARM'S

                    WAY UNLESS THERE ARE SIGNIFICANT REPERCUSSIONS FOR INMATES WHO

                    CONTINUE THESE UNPROVOKED ATTACKS.

                                 I JUST RECENTLY HAD THE OPPORTUNITY TO TOUR A SOUTHPORT

                    CORRECTIONAL FACILITY TO LOOK AT THE CONSTRUCTION THAT'S GOING ON TO

                    CONVERT THAT FROM A SHU TO THIS GENERAL POPULATION PRISON, AND AGAIN,

                    THE STORIES THAT I HEAR JUST -- AGAIN, THIS ISN'T SOMETHING THAT I'VE EVER

                    GREW UP WITH WHERE INMATES WILL TAKE FECES IN THEIR MOUTH WHEN THEY

                                         252



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    GO INTO THESE LEARNING ENVIRONMENTS, AND THEY'LL REACH UP OVER THE

                    BARRIER AND SHOOT AT EACH OTHER BECAUSE IT'S ONE WAY TO GET BACK AT EACH

                    OTHER.  AGAIN, IT'S JUST SOMETHING THAT I NEVER WOULD HAVE CONCEIVED OF

                    DOING.  BUT THESE ARE THINGS THAT THE INMATES HAVE TO DEAL WITH AND THE

                    CORRECTION OFFICERS HAVE TO DEAL WITH ON A DAILY BASIS.  AND AGAIN, WE

                    NEED TO BE LOOKING OUT FOR THE WELFARE OF EVERYBODY IN THAT SITUATION,

                    WHETHER IT'S THE INMATES OR THE CORRECTION OFFICERS, WE WANT TO GET

                    EVERYBODY BACK TO -- BACK TO THEIR FAMILIES.  AND IN THE CASE OF THE

                    INMATES, WE WANT TO MAKE SURE THAT THEY'RE REHABILITATED AND BACK AND

                    BEING A PRODUCTIVE CITIZEN WITHIN OUR -- OUR COMMUNITIES.

                                 SO, IF THE MADAM CHAIRPERSON WILL YIELD AGAIN?

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN, WILL

                    YOU YIELD?

                                 MS. WEINSTEIN:  YES.  SORRY, YES.

                                 MR. FRIEND:  SO I WOULD LIKE TO GO OVER TO THE

                    SHOCK INCARCERATION PORTION OF THE BILL.

                                 MS. WEINSTEIN:  SURE.

                                 MR. FRIEND:  AND I -- I WANT TO COMMEND YOU ON

                    OPENING THIS PROGRAM BACK UP.  SO THIS -- WHAT I READ IS THAT IT'S GOING

                    TO ALLOW JUDGES TO DIVERT INDIVIDUAL SENTENCE TO BURGLARY IN THE SECOND

                    DEGREE AND ROBBERY IN THE SECOND DEGREE.  AT THE PARTICIPATING SHOCK

                    INCARCERATION PROGRAM, ELIGIBLE INMATES WOULD HAVE TO BE SENTENCED TO

                    AN INDETERMINATE TERM AND BE ELIGIBLE FOR PAROLE IN LESS THAN THREE

                    YEARS, AND TO HAVE NOT BEEN PREVIOUSLY CONVICTED OF A VIOLENT FELONY.

                    HOW MANY CURRENT OPENINGS DO WE HAVE FOR INDIVIDUALS IN THIS

                                         253



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    PROGRAM?

                                 MS. WEINSTEIN:  I -- I DO NOT KNOW.

                                 MR. FRIEND:  OKAY.  AGAIN, I -- I JUST WANT TO

                    COMMEND YOU.  THIS -- THIS IS A VERY PRODUCTIVE PROGRAM -- AND I'M

                    GOING TO GO ON THE BILL AT THIS POINT.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. FRIEND:  WHEN I WAS FIRST ELECTED, BEFORE

                    REDISTRICTING I HAD THE OPPORTUNITY TO REPRESENT SCHUYLER COUNTY.

                    SCHUYLER COUNTY AT THAT TIME HAD A PROGRAM CALLED MONTEREY SHOCK.

                    THAT WAS SOMETHING THAT WAS PUT INTO PLACE BY GOVERNOR MARIO

                    CUOMO.  AND THAT PROGRAM WAS FOR INMATES WHO WERE CONVICTED OF

                    DRUG CRIMES AND LESSER CRIMES.  BUT IN ITS 30 YEARS, IN MORE THAN 30

                    YEARS THAT IT OPERATED, IT HAD A GREATER THAN 93 PERCENT SUCCESS RATE.

                    AND WHAT I'M TALKING ABOUT FOR SUCCESS -- SUCCESS RATE?  WE'RE TALKING

                    ABOUT INDIVIDUALS WHO HAD NO ROLE MODELS, WHO WERE CAUGHT UP IN

                    VARIOUS GANGS -- AND I USE THAT TERM JUST TO REFER COLLOQUIALLY AS

                    INDIVIDUALS WHO WERE NOT FOCUSED AND WERE NOT PRODUCTIVE WITHIN THEIR

                    COMMUNITIES AND WERE ACTUALLY TEARING DOWN THEIR COMMUNITIES.  AND

                    THAT'S ALL THAT THESE INDIVIDUALS HAD WHEN THEY WERE GROWING UP.  WHEN

                    THEY WENT INTO MONTEREY SHOCK, THEY SAW AN ENTIRELY NEW WAY OF LIFE.

                    THEY WERE PROVIDED WITH A PRODUCTIVE FORMAT OF LIFESTYLE.  MOST OF

                    THESE INDIVIDUALS DID NOT HAVE A HIGH SCHOOL DIPLOMA OR A GED.  THE

                    MAJORITY OF THEM HAD DRUG ADDICTIONS AND DRUG PROBLEMS, WHICH IS

                    VERY SIMILAR TO WHAT WE'RE FACING IN OUR COMMUNITY AND ACROSS OUR

                    ENTIRE STATE AND COUNTRY AT THIS TIME PERIOD.  AND IN THIS SIX- MONTH

                                         254



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    PROGRAM, 93 PERCENT OF THESE INDIVIDUALS GOT THEIR HIGH SCHOOL

                    DIPLOMA, GOT OFF OF THEIR DRUG PROBLEM, AND DID NOT RECOMMIT CRIMES OR

                    BE RECOMMITTED TO THE -- TO INCARCERATION.  TO ME, THAT SOUNDS LIKE AN

                    OVERWHELMING SUCCESS, AND WHY THE GOVERNOR EVER SHUT IT DOWN IS

                    BEYOND ME.  BUT TO SEE THAT WE'RE OPENING THIS PROGRAM BACK UP FOR

                    ANOTHER CLASS OF INDIVIDUALS, I HAVE TO THANK THE GOVERNOR FOR DOING

                    THAT AND THANK THE LEGISLATURE FOR DOING THAT, BECAUSE THIS IS DEFINITELY

                    A VERY GOOD PROGRAM TO GET PEOPLE BACK INTO A REPRODUCT -- INTO A

                    PRODUCTIVE LIFESTYLE, WHICH IS WHAT PRISON IS SUPPOSED TO BE ABOUT;

                    REHABILITATION, NOT PERMANENT INCARCERATION.  UNFORTUNATELY, THOUGH,

                    JUST TO POINT OUT PAST HISTORY - AND I DON'T WANT TO SEE THIS REPEAT ITSELF -

                    MONTEREY SHOCK, WHEN IT WAS CLOSED DOWN, STILL HAD INMATES IN THAT --

                    IN THAT POPULATION.  THEY WERE MINIMUM SECURITY INMATES, AND WHAT

                    THAT ALLOWED FOR IS THAT THEY WERE ALLOWED TO DO OUTDOOR CHORES, THEY

                    WERE ALLOWED TO MOVE AROUND THROUGH THE PRISON.  AND AT THAT POINT,

                    THEY WERE DOING WORK FOR DOCS AT SOME OTHER MAXIMUM SECURITY

                    PRISONS.  WELL, WHEN THEY CLOSED MONTEREY SHOCK DOWN, THESE INMATES

                    WERE BROUGHT TO THE MAXIMUM SECURITY PRISONS AND PUT IN A CONFINED

                    AREA, BUT THEY STILL END UP HAVING INTERACTION WITH THOSE MAXIMUM

                    SECURITY PRISONERS.  WHAT DID THAT MEAN?  IT MEANT THAT THOSE MAXIMUM

                    SECURITY PRISONERS WOULD THEN COHORT THESE INDIVIDUALS THAT WERE

                    MINIMUM SECURITY PRISONERS TO BRING CONTRABAND INTO THEM, AND IN

                    MANY CASES WOULD THREATEN THEIR FAMILIES OR OTHER LOVED ONES BACK

                    HOME IF THOSE MINIMUM SECURITY PRISONERS DID NOT COOPERATE.  I DO NOT

                    WANT TO SEE THAT SAME TYPE OF THING HAPPEN WITH THIS PROGRAM AS WE'RE

                                         255



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    GOING FORWARD, AND I HOPE THAT WE DO NOT ALLOW THAT TO HAPPEN.  I HOPE

                    IT'S AS SUCCESSFUL AS MONTEREY SHOCK WAS.  I WOULD LIKE TO SEE

                    MONTEREY SHOCK OPENED BACK UP INSTEAD OF THE IDEA OF ANY KIND OF

                    BUSINESS PARK BECAUSE IT'S OUT IN THE MIDDLE OF NOWHERE IN THE TOWN OF

                    ORANGE, AND IT WOULD BE A GREAT PROGRAM TO FALL RIGHT BACK IN PLACE.

                                 I THANK THE LEGISLATURE FOR WORKING ON THAT.  I THANK

                    THE MADAM CHAIRWOMAN FOR HER TIME, AND THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. LIPETRI.

                                 MR. LIPETRI:  THANK YOU, MR. SPEAKER.  THAT'S

                    LIPETRI.  IT'S THE ITALIAN, YOU KNOW, THAT MAKES IT TOUGH.  BUT THANK YOU,

                    MR. SPEAKER, I APPRECIATE THAT.  IT'S LIPETRI, IT'S THE ITALIAN.  IT'S DIFFICULT.

                    NO PROBLEMS AT ALL.

                                 WILL THE SPONSOR YIELD?

                                 MS. WEINSTEIN:  YES.

                                 MR. LIPETRI:  THANK YOU, MADAM CHAIR.  A FEW

                    QUESTIONS I HAVE.  FIRST OFF, THE DCJS WILL DETERMINE THE REPORTING

                    REQUIREMENTS, CORRECT, FOR --

                                 MS. WEINSTEIN:  YES.

                                 MR. LIPETRI:  -- PART RR OF THE USE OF FORCE.  IS

                    THAT RIGHT?

                                 MS. WEINSTEIN:  YES.

                                 MR. LIPETRI:  ALL RIGHT.  AND THE PURPOSE IS TO

                    REPORT -- THIS REPORTING REQUIREMENT, THE PURPOSE IS TO REPORT TO THE

                    PUBLIC WHAT USE OF FORCE IS DONE WHERE, CORRECT?

                                         256



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MS. WEINSTEIN:  WELL, IT'S -- IT'S NOT ALL -- THE

                    PURPOSE IS NOT ONLY FOR THE PUBLIC TO SEE, BUT THE PURPOSE IS ALSO TO --

                    FOR -- TO BE ABLE TO LOOK AT THIS DATA TO BE ABLE TO DETERMINE IF THERE -- IF

                    THERE ARE PATTERNS THAT ARE HAPPENING, IF THERE'S SOME ACTION THAT NEEDS

                    TO BE TAKEN.

                                 MR. LIPETRI:  CORRECT.  IN CERTAIN -- IN CERTAIN

                    GEOGRAPHIC AREAS OR PRECINCTS; IS THAT RIGHT?

                                 MS. WEINSTEIN:  YES.

                                 MR. LIPETRI:  YES.  OKAY.

                                 MS. WEINSTEIN:  IF CERTAIN COMMUNITIES ARE

                    IMPACTED DISPROPORTIONATELY, YES.

                                 MR. LIPETRI:  ABSOLUTELY.  AND THIS ULTIMATELY

                    BECAUSE WE WANT TO KEEP OUR COMMUNITIES SAFE; IS THAT RIGHT?

                                 MS. WEINSTEIN:  OF COURSE, YES.

                                 MR. LIPETRI:  ALL RIGHT.  THANK YOU, MADAM CHAIR.

                                 ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. LIPETRI:  THANK YOU, MR. SPEAKER.  THIS BILL,

                    PART RR, REQUIRING THE USE OF FORCE ADDITIONAL REPORTING REQUIREMENTS

                    DOES QUITE THE OPPOSITE.  WHAT WE'RE, IN FACT, DOING IS MISLEADING THE

                    PUBLIC AND, UNFORTUNATELY, BURDENING OUR LAW ENFORCEMENT.  SO WHAT

                    DO I MEAN BY THAT?  WELL, RIGHT NOW WE HAVE -- SPECIFICALLY, I REPRESENT

                    PORTIONS OF NASSAU AND SUFFOLK COUNTY, AND RIGHT NOW APPROXIMATELY

                    370 TO 400 OFFICERS PATROL ON ANY GIVEN DAY THE GEOGRAPHIC AREA.  NOW,

                    RIGHT NOW AS IT STANDS, THEY HAVE THE USE OF FORCE -- USE OF FORCE

                                         257



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    REPORTING REQUIREMENTS.  AND IN PART RR, IT NOW SEEKS TO EXPAND

                    BEYOND THE SCOPE OF USE OF FORCE AND NOW ALSO ADDS IN BRANDISHING OR

                    DISPLAYING OF EITHER CERTAIN WEAPONS, TASERS, HANDGUNS, ET CETERA.  FOR

                    ME, THAT'S PROBLEMATIC.  WHY?  BECAUSE ULTIMATELY WHAT WE WANT TO DO

                    IS KEEP OUR COMMUNITIES SAFE.  AND WE HAVE EXPANSIVE, BROAD

                    REPORTING REQUIREMENTS THAT WILL NOW TAKE OUR OFFICERS OFF THE STREETS

                    AND BEHIND THE DESKS TO NOW, AT ANY GIVEN MOMENT, ANY POINT THAT THEY

                    BRANDISH A HANDGUN, THAT THEY BRANDISH A BATON, THAT THEY DISPLAY A

                    PEPPER SPRAY OR PERHAPS EVEN BRANDISH A TASER, THEY NOW HAVE TO

                    REPORT ON THIS.  WHAT IS THE REPORTING REQUIREMENTS?  THAT'S A

                    DESCRIPTION OF EVENTS, THE AGE, THE SEX, THE RACE OF ALL PERSONS ENGAGED

                    IN THIS CONDUCT, AND NOW THESE OFFICERS NOW HAVE TO FIND OUT AND SCOUT

                    THOSE INDIVIDUALS TO MEET THESE REPORTING REQUIREMENTS.  FOR ME, THAT'S

                    JUST NONSENSE.  WHAT WE NEED IS OUR OFFICERS OUT THERE DEFENDING OUR

                    COMMUNITIES, DEFENDING OUR FAMILIES, DEFENDING OUR CHILDREN.  THAT'S

                    WHAT'S IMPORTANT TO ME, AND THAT'S WHAT I CARE ABOUT; ENSURING THAT

                    LONG ISLAND STILL HAS THAT.  AND ULTIMATELY, WHEN YOU LOOK AT IT, IF

                    DCJS IS THE ONES THAT ARE ACTUALLY DETERMINING THESE REPORTING

                    REQUIREMENTS, THEN WHY EVEN CODIFY THIS LANGUAGE IN THE FIRST PLACE?

                    FOOD FOR THOUGHT IN THAT RESPECT.  IF WE'RE GOING TO BE BALKING AT OUR

                    RESPONSIBILITY AS LEGISLATORS TO DETERMINE THE EXACT LANGUAGE, THEN WHY

                    ARE WE PASSING THE BATON OFF TO DCJS TO DO?  MEANWHILE, OUR LAW

                    ENFORCEMENT SITS IN LIMBO, LOOKING AT THIS BILL, THIS LANGUAGE,

                    QUESTIONING, WHAT IS THIS GOING TO MEAN FOR US?  WHAT WILL THAT MEAN

                    FOR OUR DAY-IN AND DAY-OUT, THE MEN AND WOMEN THAT PROTECT OUR

                                         258



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    COMMUNITIES, WHAT THEY'RE GOING TO HAVE TO DO?  NOW FOR ME, I WANT TO

                    BE A REPRESENTATIVE THAT ACTUALLY UNDERSTANDS WHAT THESE OFFICERS ARE

                    GOING THROUGH.  AND THAT'S WHY JUST SEVERAL WEEKS AGO I DECIDED ON A

                    WEEKEND TO ACTUALLY GO AND BE ENGAGED IN A RIDE-ALONG TO SEE WHAT THE

                    OFFICERS ACTUALLY GO THROUGH.  AND AT ANY GIVEN MOMENT -- FLASHBACK

                    WITH ME, IF YOU WILL, TO A SATURDAY NIGHT, IT'S COLD, IT'S DARK IN

                    COMMUNITIES THAT ARE QUESTIONABLE.  BUT THE MEN AND WOMEN, THEY GO

                    OUT THERE.  AND I WAS RIGHT ALONGSIDE WITH THEM TO SEE EXACTLY WHAT

                    THEY WERE GOING THROUGH.  AND AT ANY GIVEN MOMENT, ANY GIVEN

                    MOMENT, THAT COULD BE THEIR LAST.  SO THEY HAVE TO GO UP TO ANY

                    SITUATION WITH THE CAUTION OF WHAT COULD HAPPEN TO THEM.  AND THAT

                    MEANS HAVING A WEAPON PREPARED JUST IN CASE THEY ENCOUNTER A

                    SITUATION THAT MAY ULTIMATELY BE EITHER HARMFUL OR, GOD WILLING, FATAL.

                    WE CAN'T HAVE THAT.  SO NOW, AT THOSE MOMENTS, WHERE OFFICERS, SAY,

                    APPROACH A HOME OR APPROACH A SCENE AND THEY HAVE THEIR BATON OR THEY

                    HAVE THEIR WEAPON OR EVEN A TASER -- WHICH, MIND YOU, IN CERTAIN

                    SITUATIONS CAN CARRY A FLASHLIGHT ALONGSIDE OF IT AND THEY SIMPLY HAVE

                    FOR VISUAL AIDS -- AND NOW THAT MOMENT THEY HAD THOSE TASERS OUT, NOW

                    IT'S A REPORTING REQUIREMENT THEY HAVE, THEREAFTER THAT SITUATION.  BUT

                    THEY GO UP AND APPROACH THE SITUATIONS NOT KNOWING.  SO THOSE

                    MOMENTS WHEN THEY BRANDISH OR DISPLAY THESE ITEMS, RIGHT THERE YOU

                    JUST TRIGGERED THIS REPORTING REQUIREMENT.  FOR ME, THAT'S NONSENSICAL.  I

                    WANT TO PUSH FORWARD COMMONSENSE LEGISLATION THAT ULTIMATELY

                    PROVIDES FOR THE SAFETY OF OUR COMMUNITIES WHILE ACHIEVING THE VERY

                    PURPOSE, THE VERY PURPOSE OF SAFETY.  THIS LEGISLATION DOES NOT DO THAT.

                                         259



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 I URGE MY COLLEAGUES VOTE IN THE NEGATIVE AND I'LL BE

                    DOING SUCH.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MR. GARBARINO.

                                 MR. GARBARINO:  THANK YOU VERY MUCH, MR.

                    SPEAKER.  WILL THE CHAIRWOMAN YIELD?

                                 MS. WEINSTEIN:  YES, BE HAPPY TO.

                                 ACTING SPEAKER AUBRY:  THE CHAIRWOMAN

                    YIELDS.

                                 MR. GARBARINO:  I JUST HAD A QUESTION ABOUT PART

                    SS OF THIS -- THIS BILL.  IT DEALS WITH THE -- ADDING THE SUFFOLK COUNTY

                    TAX MAP VERIFICATION FEE THE COUNTY CLERKS HAVE TO CHARGE.

                                 MS. WEINSTEIN:  YES.

                                 MR. GARBARINO:  HOW ABOUT YOU SWITCH OUT THE

                    STAFF?

                                 MS. WEINSTEIN:  OKAY.  WELL, WHEN YOU ASK A

                    QUESTION.

                                 MR. GARBARINO:  WHAT'S THE REASONING BEHIND

                    ADDING THIS -- THIS IN STATUTE?

                                 (PAUSE)

                                 MS. WEINSTEIN:  SO, THIS WAS REQUESTED BY THE

                    COUNTY.  THEY ALREADY ARE -- ARE CHARGING A FEE, AND THIS WOULD JUST

                    AUTHORIZE THE FEE AND TO MAKE THEM COMPARABLE TO THE NEIGHBORING

                    COUNTY; OBVIOUSLY, NASSAU COUNTY.

                                 MR. GARBARINO:  SO, DID THE COUNTY SEND A

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    HOME RULE REQUEST FOR THIS?

                                 MS. WEINSTEIN:  THEY -- NO, THEY DID NOT, AND IT'S

                    NOT NEEDED IN THIS CASE SINCE IT'S STATEWIDE.

                                 MR. GARBARINO:  I UNDERSTAND IT'S NOT NEEDED IN

                    -- IN -- IN THE CASE BECAUSE IT'S STATE LAW, BUT ISN'T THIS SOMETHING --

                    WHO DID THE REQUEST COME FROM?  ISN'T THIS SOMETHING WE WOULD WANT A

                    HOME RULE ON?

                                 MS. WEINSTEIN:  THERE WERE DISCUSSIONS WITH THE

                    COUNTY, AND THIS IS SOMETHING THEY WANTED.

                                 MR. GARBARINO:  THE COUNTY LEGISLATURE, THE

                    COUNTY EXECUTIVE?  I MEAN, I JUST WAS WONDERING WHO PUT THE REQUEST

                    IN.  I SPOKE TO A COUPLE COUNTY LEGISLATORS WHO HAD NO CLUE THAT THIS

                    WAS GOING TO BE IN THE BUDGET, SO I -- I DON'T BELIEVE THE COUNTY

                    LEGISLATURE ASKED FOR A HOME RULE.  I WAS WONDERING IF MAYBE IT WAS

                    THE COUNTY EXECUTIVE'S OFFICE.

                                 MS. WEINSTEIN:  I BELIEVE THE -- THE COUNTY

                    EXECUTIVE, WHO MADE THE ROUNDS AND MADE THIS REQUEST.

                                 MR. GARBARINO:  OKAY.  DO YOU KNOW THE HISTORY

                    OF THIS FEE AND HOW IT'S GONE UP?

                                 MS. WEINSTEIN:  I MEAN, OTHER THAN -- I DON'T KNOW

                    IF THERE'S SOME BACKSTORY THAT WE DON'T KNOW, BUT THIS FEE HAS GONE UP

                    AND OTHER FEES HAVE GONE UP COMPARABLY, ALSO.

                                 MR. GARBARINO:  WELL, BACK IN 2015 -- PRIOR TO

                    2015, THERE WAS A TAX VERIFICATION FEE OF $60 A DOCUMENT.  I THINK IT

                    COVERS ABOUT 38 DOCUMENTS THAT ARE RECORDED WITH THE COUNTY.  AND

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    THEN IN 2015 IT WAS INCREASED TO $200 FOR DOCUMENTS DEALING WITH LAND

                    TITLE, $300 FOR DOCUMENTS INCLUDING MORTGAGES.  SO -- AND THIS IS JUST

                    FOR THE TAX MAP VERIFICATION, NOT -- NOT THE RECORDING OF THE DEED.  SO,

                    YOU KNOW, WHEN YOU RECORD A DEED, IT COULD BE UP TO $550 JUST TO

                    RECORD THE DEED, $600 FOR THE MORTGAGE.  SO ISN'T IT -- DOESN'T STATE LAW

                    SAY THAT FEES FOR ITEMS LIKE THESE COULD BE CHARGED ONLY IF THEY'RE

                    CONNECTED WITH THE COST OF THE SERVICE PROVIDED?  THEY'RE ONLY

                    SUPPOSED TO CHARGE ENOUGH TO COVER THE COST.

                                 MS. WEINSTEIN:  THIS SIMPLY ALLOWS THEM TO SET

                    THE FEE.

                                 MR. GARBARINO:  HIGHER.

                                 MS. WEINSTEIN:  HIGHER.

                                 MR. GARBARINO:  NO, I UNDERSTAND THAT.  AND THE

                    REASON -- THE REASON WHY I'M ASKING IS BECAUSE CURRENTLY THE

                    DEPARTMENT -- THE SUFFOLK COUNTY TAX VERIFICATION DEPARTMENT, THEIR

                    BUDGET SINCE THE FEES WENT UP THREE YEARS AGO -- IN 2015, THEIR

                    OPERATING BUDGET WAS $1.3 MILLION.  IN 2016 THEIR OPERATING BUDGET

                    WAS $1.2 MILLION, AND NOW IN 2017 THEIR OPERATING BUDGET WAS JUST

                    UNDER $1.2 MILLION.  BUT, HOWEVER, THEY -- THEY INCREASED -- THEY

                    STARTED COLLECTING THROUGH THIS NEW FEE $35 MILLION IN REVENUE.  AND

                    CURRENTLY, THERE IS A LAWSUIT GOING ON CHALLENGING THE LEGALITY OF THIS

                    FEE SAYING THAT IT WAS A -- IT WAS A BACKDOOR TAX.  DID THE LEGISLATURE

                    HAPPEN TO KNOW THIS BEFORE IT WAS NEGOTIATED INTO THE BUDGET?

                                 MS. WEINSTEIN:  STAFF WAS AWARE OF THIS, YES.

                                 MR. GARBARINO:  OKAY.  ALL RIGHT.  THANK YOU.

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 ON THE BILL.

                                 THANK YOU, MADAM CHAIRWOMAN.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. GARBARINO:  THIS VERIFICATION FEE WAS A, LIKE

                    I SAID, A BACKDOOR TAX ON SUFFOLK COUNTY HOMEOWNERS.  IT'S -- THERE

                    WAS -- THERE'S A LEGAL CHALLENGE CURRENTLY ONGOING TO SAY THAT THESE FEES

                    SHOULD NOT HAVE BEEN ALLOWED.  AS EVERYBODY KNOWS, UNDER CASE LAW

                    ONLY NEW YORK STATE CAN ALLOW LOCALITIES TO PUT IN NEW TAXES.  THERE

                    WAS NO REQUEST HERE.  THIS IS SOMETHING THAT THE COUNTY EXECUTIVE HAS

                    ASKED THE GOVERNOR TO DO.  SO MORE AND MORE HOMEOWNERS HAVE TO

                    PAY EXTRA FEES EVERY TIME THEY BUY A HOUSE, THEY SELL A HOUSE, THEY

                    REFINANCE.  IT ADDS UP TO THOUSANDS AND THOUSANDS OF DOLLARS THAT HIT --

                    THAT HIT LOW-INCOME AND MIDDLE-INCOME FAMILIES.  THIS DOESN'T -- THIS

                    DOESN'T HIT RICH PEOPLE.  RICH PEOPLE, WHEN THEY BUY PROPERTY, A LOT OF

                    THE TIMES THEY BUY CASH, WHICH MEANS THEY'RE NOT PAYING THE MORTGAGE

                    FEE.  THEY'RE NOT PAYING -- THEY'RE NOT FILING A MORTGAGE, THEY'RE NOT

                    FILING A SATISFACTION.  SO THIS -- THIS IS A FEE THAT IS HITTING LOW- AND

                    MIDDLE-INCOME HOMEOWNERS, AND IT'S SOMETHING THAT I CAN'T SUPPORT,

                    ESPECIALLY WITH THE CURRENT LAWSUIT GOING ON.

                                 YOU KNOW, THIS IS A BACKDOOR TAX ON SUFFOLK COUNTY

                    RESIDENTS AND NOTHING ELSE.  SO, I -- I'M GOING TO ENCOURAGE MY

                    COLLEAGUES TO VOTE AGAINST THIS BILL.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MS. MALLIOTAKIS.

                                 MS. MALLIOTAKIS:  WILL THE SPONSOR YIELD,

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    PLEASE?

                                 MS. WEINSTEIN:  YES.  I'VE GOT TO FIND ALL MY NOTES

                    UNDER ALL --

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MS. WEINSTEIN:  TRYING TO FIND MY NOTES.  HERE

                    WE GO.

                                 MS. MALLIOTAKIS:  SURE.  MY QUESTIONS ARE IN

                    REGARD TO PART OO OF THIS BUDGET, THE REDUCING CERTAIN -- CERTAIN

                    MISDEMEANOR SENTENCES FROM 365 DAYS TO 364 DAYS, AND I WANTED TO

                    ASK, WHAT WAS THE REASONING BEHIND THIS?

                                 MS. WEINSTEIN:  WELL, WE DID TALK ABOUT THIS

                    EARLIER, SO LET ME -- YOU KNOW, AS WE SAID -- SO AS WE -- AS I SAID

                    EARLIER, THE -- FIRST OF ALL, THERE'S A MINIMAL FISCAL IMPACT OVERALL, THOUGH

                    IT MAY RESULT IN SMALL SAVINGS GOING FORWARD.  BUT THE PURPOSE OF THE

                    BILL IS TO REDUCE COLLATERAL CONSEQUENCES, IN SOME INSTANCES STEMMING

                    FROM A SENTENCE OF ONE YEAR OR MORE.

                                 MS. MALLIOTAKIS:  AND WHAT WOULD THAT UNIN --

                    CONSEQUENCE BE?

                                 MS. WEINSTEIN:  SO AS I STATED EARLIER, THERE -- I'M

                    AWARE OF THREE POSSIBLE CONSEQUENCES.  SOME -- SOME STATES, A FEW

                    STATES RESTRICT OR DENY VOTING RIGHTS BASED ON CONVICTION FOR AN OFFENSE

                    WITH A SENTENCE OF ONE YEAR OR MORE.

                                 MS. MALLIOTAKIS:  BUT WE DON'T DO THAT.

                                 MS. WEINSTEIN:  NO, BUT -- WE DON'T, BUT IT COULD

                    BE A RESIDENT OF A -- A DIFFERENT STATE, OR SOMEONE COULD MOVE FROM THIS

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    STATE AND BE IMPACTED.  A -- A FEW STATES EXPRESSLY DENY EMPLOYMENT

                    OR LICENSURE IN SOME PROFESSIONS BASED ON CONVICTION.  AND AS WE -- AS

                    WE DISCUSSED, RIGHT NOW THERE ARE ACTUALLY 50 GROUNDS FOR DEPORT -- FOR

                    DEPORTATION, AND WHILE THIS BILL DOESN'T ELIMINATE ANY OF THESE GROUNDS,

                    IT DOES PROTECT CERTAIN INDIVIDUALS CONVICTED OF A CLASS A MISDEMEANOR

                    INCLUDING -- WHICH INCLUDES PEOPLE WHO MAY BE SENTENCED -- MAY NOT

                    EVEN BE SENTENCED TO A SINGLE DAY OF JAIL TIME, FROM BEING

                    AUTOMATICALLY DEPORTABLE WITHOUT HAVING A HEARING.  AND ACTUALLY, JUST

                    AS A POINT OF REFERENCE ONLY, FOUR PERCENT OF THOSE CONVICTED OF A CLASS

                    A MISDEMEANOR OFFENSE ARE ACTUALLY SENTENCED TO 365 DAYS OF JAIL TIME.

                    SO IT DOESN'T REALLY REDUCE THE AMOUNT -- IT DOESN'T CHANGE THE AMOUNT

                    OF TIME THAT SOMEONE WOULD BE IN JAIL, BUT IT DOES REMOVE THE POTENTIAL

                    OF A COLLATERAL CONSEQUENCE TO THEM.

                                 MS. MALLIOTAKIS:  AND WHAT -- WHAT TYPE OF

                    CRIMES ARE WE TALKING ABOUT HERE?

                                 MS. WEINSTEIN:  PETTY LARCENY, TURNSTILE JUMPING IS

                    ONE THAT COMES TO MIND.

                                 MS. MALLIOTAKIS:  AND COULD WE BE TALKING

                    ABOUT FORCIBLE TOUCHING?

                                 MS. WEINSTEIN:  WE DON'T THINK THAT THAT WOULD

                    APPLY, BUT MISDEMEANOR SEX CRIME CONVICTIONS.

                                 MS. MALLIOTAKIS:  WELL, FORCIBLE TOUCHING -- IS IT

                    ALL -- IS IT ALL CLASS A MISDEMEANORS?

                                 MS. WEINSTEIN:  CORRECT, IN TERMS OF THE CHANGING

                    TO THE 364.  BUT IF YOU WANTED TO JUST FOCUS ON -- OR I THINK WHERE

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    YOU'RE GOING IS TO WANT TO FOCUS ON THE POTENTIAL DEPORT -- SOMEBODY --

                                 MS. MALLIOTAKIS:  WELL, I MEAN, MY QUESTION IS,

                    YOU KNOW, SO A MISDEMEANOR, CLASS A MISDEMEANORS, I MEAN, THAT

                    WOULD INCLUDE, YOU KNOW, FORCIBLE TOUCHING, IT WOULD INCLUDE

                    AGGRAVATED HARASSMENT.  CERTAIN DEGREES OF IT.  NOT ALL DEGREES, BUT

                    CERTAIN DEGREES.

                                 MS. WEINSTEIN:  RIGHT.

                                 MS. MALLIOTAKIS:  BUT FORCIBLE TOUCHING,

                    AGGRAVATED HARASSMENT, SEX ABUSE, CRIMINAL POSSESSION OF STOLEN

                    PROPERTY OR WEAPON, INSURANCE FRAUD, WELFARE FRAUD, ID THEFT, ASSAULT IN

                    THE THIRD DEGREE, STALKING.  I MEAN, SO MY QUESTION WOULD BE, WHY ARE

                    WE GOING SO -- TO SUCH EXTREMES AS THE LEGISLATURE TO PROTECT

                    INDIVIDUALS WHO ARE NOT ONLY HERE UNLAWFULLY, BUT ARE COMMITTING THESE

                    TYPES OF CRIMES ON TOP OF IT, PARTICULARLY --

                                 MS. WEINSTEIN:  IT'S -- IT'S NOT JUST PEOPLE WHO ARE

                    HERE LAWFULLY.  WE DON'T CHANGE -- IT'S STILL --

                                 MS. MALLIOTAKIS:  BUT THAT WAS REALLY THE

                    IMPETUS BEHIND THIS, RIGHT?

                                 MS. WEINSTEIN:  IT IS -- IT IS STILL A CLASS A

                    MISDEMEANOR.

                                 I JUST WANT TO SAY, YOU KNOW, FIRST, THAT WE'RE JUST --

                    WE'RE STILL KEEPING IT AS A CLASS A MISDEMEANOR, AND IT ONLY RELATES TO

                    PEOPLE WHO ARE HERE LEGALLY -- BECAUSE I KNOW YOU MENTIONED -- YOU

                    SAID WHY WOULD WE BE HELPING PEOPLE WHO ARE --

                                 MS. MALLIOTAKIS:  OKAY, SO IT HAS -- IT WILL NOT

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    HAVE AN IMPACT ON DEPORTATION PROCEEDINGS.  IF SOMEONE WHO IS IN THE

                    COUNTRY UNLAWFULLY COMMITS ONE OF THESE CRIMES, WILL IT OR WILL IT NOT?

                                 MS. WEINSTEIN:  YES, BECAUSE THEY'RE DEPORTABLE

                    UNDER OTHER GROUNDS.  THIS -- THIS RELATES TO THE CLASS A MISDEMEANOR

                    ONE YEAR -- CONVICTION OF ONE YEAR THAT -- THAT -- FOR A CRIME THAT COULD

                    BE UP TO -- THAT IS ONE YEAR'S --

                                 MS. MALLIOTAKIS:  YES.

                                 MS. WEINSTEIN: -- UP TO ONE YEAR -- I'M SORRY, IT'S

                    AT ONE YEAR BEING ONE OF THE FACTORS AS A GROUND FOR DEPORT --

                    DEPORTATION.  BUT AS I MENTIONED, THERE -- THERE ARE MORE THAN 50

                    GROUNDS THAT EXIST.  THOSE UNDERLYING CRIMES, EVEN IF THE SENTENCE IS

                    REDUCED TO 364 DAYS, IT JUST REMOVES THAT AUTOMATIC PORTION OF THIS

                    BEING, YOU KNOW, ONE OF THE COLLATERAL CONSEQUENCES OF HAVING THAT

                    MISDEMEANOR CONVICTION.  BUT IT STILL -- IT DOESN'T PREVENT THOSE

                    UNDERLYING CRIMES IF THERE'S A CONVICTION BEING LOOKED AT AS A BASIS FOR

                    DEPORTATION.  IT JUST REMOVES THE AUTOMATIC ONE-YEAR PENALTY AS BEING

                    USED.

                                 MS. MALLIOTAKIS:  OKAY.  THANK YOU.

                                 ON -- ON THE BILL, PLEASE.

                                 ACTING SPEAKER AUBRY:  ON THE BILL.

                                 MS. MALLIOTAKIS:  MR. SPEAKER, I FIND IT

                    EXTREMELY PROBLEMATIC THAT, YOU KNOW, WE'RE GOING TO SUCH GREAT

                    EXTENTS IN THIS LEGISLATURE TO -- TO MAKE LIFE EASIER FOR THOSE WHO ARE

                    COMMITTING CRIMES.  NOW, WHETHER IT BE THE BILL THAT WE DEBATED EARLIER

                    WHICH WOULD PREVENT OR PROHIBIT AN INDIVIDUAL WHO IS A FELONY DRUG

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    OFFENDER TO HAVE THEIR LICENSE, DRIVER'S LICENSE, SUSPENDED; WHETHER IT

                    BE THIS LEGISLATION THAT WOULD NOW REDUCE THE SENTENCING OF

                    MISDEMEANORS OF CLASS A FROM 365 TO 364 JUST SO IT DOESN'T TRIGGER

                    DEPORTATION.  I MEAN, THESE -- LOOK AT THESE CRIMES:  FORCIBLE TOUCHING

                    AND SEX ABUSE?  I MEAN, WHY ARE WE GOING TO SUCH LENGTHS TO PROTECT

                    INDIVIDUALS WHO ARE IN THIS COUNTRY UNLAWFULLY AND COMMITTING CRIMES

                    - AGAIN, TO EITHER OTHER IMMIGRANTS OR OUR CITIZENRY - I THINK THAT IS

                    REALLY WRONG.  AND PARTICULARLY A CRIME LIKE SEX ABUSE AND FORCIBLE

                    TOUCHING, AMONG THE OTHER ONES:  AGGRAVATED HARASSMENT, CRIMINAL

                    POSSESSION OF STOLEN PROPERTY, CRIMINAL POSSESSION OF A WEAPON,

                    INSURANCE FRAUD, WELFARE FRAUD, ID THEFT, ASSAULT, STALKING.  NEXT WE'RE

                    GOING TO BE TAKING UP A BILL THAT GETS RID OF BAIL IN OUR STATE FOR 90

                    PERCENT OF INDIVIDUALS WHO ARE CHARGED, AND NOT EVEN PUTTING IN A

                    PROVISION THAT WOULD CONSIDER AN INDIVIDUAL'S THREAT TO PUBLIC SAFETY.  I

                    MEAN, ARE WE HERE TO PROTECT LAW-ABIDING CITIZENS OR ARE WE HERE TO

                    HELP PROTECT INDIVIDUALS WHO ARE COMMITTING CRIMES?  I MEAN, SO FAR IN

                    THIS BUDGET I'VE SEEN THAT THE WINNERS ARE CRIMINALS, ILLEGAL IMMIGRANTS,

                    AND GUESS WHAT?  U-HAUL.  THOSE ARE THE WINNERS IN THIS BUDGET, OKAY?

                    THE LOSERS ARE THE LAW-ABIDING CITIZENS WHO PAY US TAXES TO ACTUALLY

                    PUT FORTH A FISCAL DOCUMENT THAT PROVIDES THE BASIC THINGS THAT

                    GOVERNMENT SHOULD BE PROVIDING ITS CITIZENRY.

                                 AND THE SECOND THING IS, THIS SHOULDN'T EVEN BE IN THE

                    BUDGET.  IT HAS NO FISCAL RAMIFICATIONS, AS -- AS THE SPONSOR SAID.  SO THE

                    IDEA THAT WERE TAKING UP THIS CONTROVERSIAL POLICY AND SNEAKING IT IN THE

                    BUDGET IS, I THINK, WRONG AND IT'S NOT IN THE BEST INTEREST OF PROTECTING

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    THE PUBLIC WHO ELECTED US TO BE HERE.

                                 SO I'LL BE VOTING NO AGAINST THIS BILL AS WELL.

                                 ACTING SPEAKER AUBRY:  MR. NORRIS FOR A

                    SECOND TIME.

                                 MR. NORRIS:  THANK -- THANK YOU, MR. SPEAKER.

                    WOULD THE MADAM CHAIRWOMAN YIELD?

                                 ACTING SPEAKER AUBRY:  THE CHAIRPERSON

                    YIELDS.

                                 MR. NORRIS:  I JUST WANT TO GO BACK TO THE VOTING

                    SECTION OF THIS BILL AND ASK A FEW MORE QUESTIONS.  IN TERMS OF EARLY

                    VOTING, WHICH WE'VE PASSED EARLIER ON THE -- IN THE YEAR, HAS THERE BEEN

                    ANY FUNDING PROVIDED BY THE STATE TO OUR COUNTIES TO FUND EARLY VOTING

                    IN THE STATE OF NEW YORK?

                                 MS. WEINSTEIN:  IT WILL BE IN THE APPROP BILL, BUT IT

                    IS $10 MILLION.

                                 MR. NORRIS:  TEN -- $10 MILLION.

                                 MS. WEINSTEIN:  CORRECT.

                                 MR. NORRIS:  NOW, BEFORE, IT WAS MY

                    UNDERSTANDING THE ESTIMATES WERE UP TO $27 MILLION.  DID THAT INCLUDE A

                    PORTION OF THE ELECTRONIC POLL BOOKS?

                                 MS. WEINSTEIN:  SO, THERE'S $10 MILLION FOR THE

                    OPERATIONS AND THEN THERE'S $14.7 MILLION FOR THE POLL BOOKS AND THE --

                    TO SUPPORT THE OPERATIONS OF -- OF THAT, SO...

                                 MR. NORRIS:  DO -- DO YOU KNOW IF THAT'S SUFFICIENT

                    TO COVER THE COST OF THE EARLY VOTING THIS YEAR ON THE MUNICIPALITIES?

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MS. WEINSTEIN:  WE -- WE BELIEVE THAT THAT'S THE

                    MINIMUM AMOUNT THEY NEED TO BE ABLE TO -- TO BE ABLE TO IMPLEMENT

                    EARLY VOTING FOR THIS YEAR.

                                 MR. NORRIS:  THANK YOU VERY MUCH FOR THAT.  IN

                    TERMS OF THE EXTENDING THE PRIMARY HOURS FOR THE UPSTATE COUNTIES, IS

                    THERE ANY MONEY ALLOCATED IN THIS BUDGET FOR THAT PURPOSE?

                                 MS. WEINSTEIN:  SO, NO, THE $10 MILLION IS FOR THE

                    EARLY VOTING, NOT FOR THE ADDITIONAL TIMES.

                                 MR. NORRIS:  OKAY.  SO, THE -- THOUGH WE'RE

                    MANDATING THE UPSTATE COUNTIES TO PROVIDE ADDITIONAL HOURS, THERE IS NO

                    FUNDING IN THIS BUDGET TO HELP THEM WITH THIS UNFUNDED MANDATE.

                                 MS. WEINSTEIN:  NOT TIED DIRECTLY TO THE EARLY

                    VOTING, BUT AS WE'LL DISCUSS LATER ON THIS EVENING, THERE ARE ADDITIONAL

                    SALES TAX REVENUES COMING TO THE COUNTIES, SO WE THINK THAT THERE'LL BE

                    SUFFICIENT NEW REVENUES TO COVER ANY INCREASED COSTS.

                                 MR. NORRIS:  OKAY.  VERY GOOD.  IF I COULD JUST

                    TURN TO THE VOTER -- IN TERMS OF THE ONLINE VOTING REGISTRATION SYSTEM.  IS

                    THERE SUFFICIENT FUNDS ALLOCATED TO THE STATE BOARD OF ELECTIONS BUDGET

                    TO OPERATE THIS PLATFORM?

                                 MS. WEINSTEIN:  RIGHT.  WE DID -- DO RE-APPROP

                    THE $5 MILLION FROM LAST YEAR TO -- FOR THE STAFFING AT THE STATE BOARD OF

                    ELECTIONS TO ALLOW FOR ADDITIONAL COSTS RELATED TO THIS.

                                 MR. NORRIS:  OKAY.  AND IN TERMS OF IF YOU WANT TO

                    REGISTER ONLINE, DO YOU DO IT THROUGH ONE PLATFORM, THE STATE BOARD OF

                    ELECTIONS, OR COULD YOU DO THAT THROUGH MULTIPLE PLATFORMS, LIKE

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    COUNTY BOARD OF ELECTIONS?

                                 MS. WEINSTEIN:  WELL, THERE IS A TWO-YEAR

                    IMPLEMENTATION TIME BEFORE IT'S EFFECTIVE, SO I THINK SOME OF THOSE

                    ISSUES WILL BE RESOLVED AS THE STATE BOARD MOVES TOWARDS --

                                 MR. NORRIS:  OKAY.

                                 MS. WEINSTEIN:  -- DEVELOPING THE SYSTEM.

                                 MR. NORRIS:  ALL RIGHT.  I'D LIKE TO TURN BACK TO THAT

                    THREE HOURS OF VOTING NOW, IF YOU WOULD NOT MIND.

                                 MS. WEINSTEIN:  SURE.

                                 MR. NORRIS:  IS IT YOUR -- FROM DISCUSSING THIS

                    EARLIER WITH YOU, YOU -- YOU'RE SAYING THAT WE'RE JUST EXTENDING IT FROM

                    A TWO- TO A THREE-HOUR PERIOD; IS THAT CORRECT?

                                 MS. WEINSTEIN:  RIGHT.  THAT'S THE ALLOWABLE TIME,

                    BUT IT'S UP TO -- IT'S UP TO THE THREE HOURS.  IT'S NOT THAT YOU GET A

                    THREE-HOUR WINDOW.  IF THE POLLING SITE IS AROUND THE CORNER, OR DOWN

                    THE -- YOU KNOW, A FEW BLOCKS AWAY, YOU OBVIOUSLY DON'T NEED THE

                    THREE HOURS UNLESS THERE ARE LONG LINES.  SO, IT'S -- THAT'S THE MAXIMUM

                    AMOUNT OF TIME, BUT IT SHOULD BE THE AMOUNT OF TIME ACTUALLY NEEDED TO

                    VOTE.

                                 MR. NORRIS:  OKAY.  I JUST WANT TO MAKE IT -- MAKE

                    IT CLEAR.  IS IT YOUR UNDERSTANDING - AND YOU'VE HAD A LOT OF INFORMATION,

                    YOU'VE DONE A GREAT JOB TODAY BY ANSWERING ALL THESE QUESTIONS, THERE'S

                    BEEN A TREMENDOUS AMOUNT OF INFORMATION - BUT IS EVERYONE ALLOWED A

                    TWO-HOUR PERIOD RIGHT NOW UNDER CURRENT LAW?

                                 MS. WEINSTEIN:  WELL, THE -- THE LANGUAGE THAT WE

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    DON'T CHANGE, WE -- WE ELIMINATE TWO -- WE SAY THREE HOURS, AND THEN

                    WE SAY TAKE -- IN THE CURRENT LAW, TAKE OFF -- SO THREE HOURS, TAKE OFF AS

                    MUCH -- SO MUCH WORKING TIME AS WILL ENABLE HIM OR HER TO VOTE IN THE

                    ELECTION.  SO, IT'S NOT THAT YOU GET A -- YOU GET THIS WINDOW.  BUT WE DO

                    REMOVE, AS IT WAS DISCUSSED EARLIER, WE DO REMOVE THE CURRENT SECTION

                    OF LAW THAT SAYS THAT IF YOU DO HAVE -- THAT IF YOU HAVE FOUR CONSECUTIVE

                    HOURS OF -- OF -- OF NOT BEING AT WORK, THAT YOU DON'T GET THE BENEFIT OF

                    THAT TWO-HOUR TIMEFRAME.

                                 MR. NORRIS:  OKAY.  THAT -- THANK YOU VERY --

                                 MS. WEINSTEIN:  SURE.

                                 MR. NORRIS:  -- MUCH, MADAM CHAIRWOMAN, FOR

                    THAT POINT, BECAUSE RIGHT NOW, HOW I INTERPRET THE CURRENT LAW IS IF YOU

                    HAVE FOUR HOURS BEFORE YOUR SHIFT OR FOUR HOURS AFTER YOUR SHIFT BEFORE,

                    YOU KNOW, THE POLLS OPEN OR CLOSE, YOU DON'T -- YOU'RE NOT ENTITLED TO

                    THAT TWO HOURS RIGHT NOW.  WOULD THAT BE YOUR UNDERSTANDING UNDER

                    CURRENT LAW?

                                 MS. WEINSTEIN:  YES.  YES.

                                 MR. NORRIS:  OKAY.  NOW, UNDER THE REVISED LAW,

                    WOULD IT BE YOUR UNDERSTANDING THAT EVERY EMPLOYEE, REGARDLESS OF --

                    OF THAT TIME PERIOD THAT WE JUST DISCUSSED, WOULD BE ENTITLED TO THREE

                    HOURS OF PAID TIME BY THEIR EMPLOYER TO VOTE?

                                 MS. WEINSTEIN:  UP TO THREE HOURS AT THE

                    BEGINNING OF THEIR -- THEIR WORKDAY, OR AT THE END OF THEIR WORKDAY.

                                 MR. NORRIS:  OKAY.  SO, IT IS A SIGNIFICANT CHANGE

                    BECAUSE IF SOMEONE IS WORKING, YOU KNOW, BETWEEN THE HOURS OF 8:00

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    AND 4:00, THEY STILL HAVE FIVE HOURS AT THEIR END OF THE SHIFT TO GO VOTE,

                    AND THEY DON'T HAVE TO TAKE THE TWO HOURS OR THE THREE HOURS TO HAVE

                    DONE THAT UNDER THE CURRENT LAW.

                                 MS. WEINSTEIN:  YES, BUT AS -- AS WE ALSO

                    DISCUSSED, THERE ARE PEOPLE WHO WORK MULTIPLE JOBS, THERE ARE PEOPLE

                    WHO HAVE FAMILY RESPONSIBILITIES, MAY PEOPLE -- MAYBE PEOPLE WORK

                    FOR THE STATE LEGISLATURE AND THEIR HOURS CHANGE ON CERTAIN DAYS.

                                 MR. NORRIS:  OKAY.  I HAVE ANOTHER QUESTION ABOUT

                    THAT.  SO, WHO MAKES THE DETERMINATION ABOUT THE SHIFT BEFORE OR AFTER,

                    IS THAT THE EMPLOYER OR THE EMPLOYEE, TO WHEN THEY CAN GO OUT AND

                    VOTE --

                                 MS. WEINSTEIN:  THE --

                                 MR. NORRIS:  -- DURING THIS THREE-HOUR PERIOD?

                                 MS. WEINSTEIN:  THE EMPLOYEE'S REQUIRED TO GIVE

                    TWO HOURS NOTICE, SO I WOULD HOPE THAT THAT WOULD BE SOMETHING THAT

                    COULD BE --

                                 (SIDEBAR)

                                 TWO DAYS NOTICE.  RIGHT.

                                 THE EMPLOYEE NOTIFIES THE EMPLOYER NOT LESS THAN TWO

                    WORKING DAYS BEFORE THE DAY OF THE ELECTION THAT THEY REQUIRE THE TIME

                    OFF, UNLESS OTHERWISE MUTUALLY AGREED.  ONLY THE BEGINNING OR THE END

                    OF THEIR SHIFT, BUT THERE CAN BE SOME DISCUSSION AND SOME AGREEMENT TO

                    WORK THAT OUT.

                                 MR. NORRIS:  OKAY.  SO, WE'VE ESTABLISHED THAT

                    UNDER THE PROPOSED LAW EVERYONE IS ENTITLED TO, IF THEY ELECT SO, THEY

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    HAVE THREE HOURS OF PAID TIME OFF AT THE BEGINNING OR THE END OF THEIR

                    SHIFT.

                                 MS. WEINSTEIN:  UP -- UP TO --

                                 MR. NORRIS:  UP TO.

                                 MS. WEINSTEIN:  -- WHAT'S NEEDED TO VOTE.

                                 MR. NORRIS:  OKAY.  I'M SURE MANY PEOPLE WOULD

                    TAKE THE FULL THREE HOURS TO DO THAT, BUT IT'S "UP TO".  SO, IF YOU'RE

                    OPERATING A MANUFACTURING COMPANY WITH A SHIFT OF, LET'S SAY, 100

                    PEOPLE, THEORETICALLY YOU COULD HAVE 50 PEOPLE AT THE BEGINNING OF THE

                    SHIFT AND 50 PEOPLE AT THE END OF THE SHIFT OFF, PAID BY THE EMPLOYER TO

                    GO OUT AND VOTE.

                                 MS. WEINSTEIN:  I -- I MUST TELL YOU THAT I -- WE

                    HAVE NOT HEARD OF PROBLEMS WITH THE EXISTING LAW, ALBEIT, AND I'LL

                    CONCEDE THAT THERE IS THAT FOUR-HOUR WINDOW THAT YOU COULDN'T (SIC) TAKE

                    ADVANTAGE OF, BUT WE HAVE NOT HEARD OF PROBLEMS.  WE DON'T THINK THAT

                    THIS CHANGE WILL HAVE SUCH A DRAMATIC IMPACT AS -- AS HAS BEEN

                    DESCRIBED BY MANY OF THE MEMBERS.

                                 MR. NORRIS:  AND I GUESS I WOULD JUST SUBMIT TO

                    YOU, MADAM CHAIRWOMAN, IS THAT BECAUSE OF HOW THE EXISTING LAW IS

                    WRITTEN, FOR MOST SHIFTS, THAT WOULD WORK OUT WHERE THEY HAVE A

                    FOUR-HOUR PERIOD ON EITHER SIDE TO MAKE THAT ACCOMMODATION.

                                 NOW IF YOU, ON YOUR OWN TIME, GO OUT AND DO EARLY

                    VOTING, AND THEN YOU CHANGE YOUR MIND, YOU WANT TO GO TO THE POLLING

                    SITE ON ELECTION DAY, DO THEY GET THAT THREE PAID HOURS?

                                 MS. WEINSTEIN:  WELL, YOU KNOW, AS -- AS WE

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    JOKED ABOUT THAT, YOU KNOW, OFTEN SOMEONE WILL SAY VOTE -- VOTE EARLY

                    AND OFTEN, BUT YOU CAN ONLY VOTE ONCE IN NEW YORK STATE.

                                 MR. NORRIS:  OKAY.

                                 MS. WEINSTEIN:  SO, IF YOU VOTED EARLY VOTING,

                    YOU'RE -- YOU'RE -- CAN'T THEN GO AND VOTE ON ELECTION DAY.

                                 MR. NORRIS:  ALL RIGHT.  I HAVE ANOTHER QUESTION FOR

                    YOU.  NOW WITH EARLY VOTING, WHICH IS EIGHT OR NINE DAYS, WITH THE

                    STRONG POSSIBILITY THAT WITHIN TWO MORE YEARS WE'LL HAVE NO-EXCUSE

                    ABSENTEE VOTING, WHY DO WE NEED TO HAVE THREE HOURS OF PAID TIME BY

                    EMPLOYERS TO THE EMPLOYEES TO VOTE WHEN WE HAVE THESE OTHER

                    OPPORTUNITIES FOR INDIVIDUALS IN THE STATE OF NEW YORK TO VOTE?  WHY

                    DO WE NEED TO DO THIS?  WE HAVE TWO OTHER ALTERNATIVES THAT IS WIDE

                    OPEN FOR THEM TO GO VOTE.

                                 MS. WEINSTEIN:  WELL, YOU KNOW, FIRST OF ALL, WE

                    DON'T HAVE THAT, YOU KNOW, THE SORT OF NO-EXCUSE ABSENTEE VOTING YET,

                    SO, OBVIOUSLY, WE CAN SEE WHAT HAPPENS IN THAT REGARD.  PEOPLE -- WE'RE

                    NOT SAYING THAT IF PEOPLE WANT TO GO VOTE IN PERSON, THEY SHOULD BE

                    ENTITLED TO DO THAT, EXERCISE THEIR CONSTITUTIONAL RIGHT TO VOTE WITHOUT

                    BEING FORCED TO HAVE TO -- ONCE IT BECOMES -- BECOMES LAW, VOTE BY

                    ABSENTEE.  AND, AS I MENTIONED, THERE ARE PEOPLE WHO HAVE LOTS OF

                    RESPONSIBILITIES THAT PREVENT THEM FROM BEING ABLE TO EITHER DO THEIR

                    EARLY VOTING OR VOTE AT -- VOTE AT THEIR -- ON A DAY THEY WOULD OTHERWISE

                    BE WORKING.  YOU KNOW, I THINK MOST -- MOST WORKERS IN OUR STATE ARE

                    VERY CONSCIENTIOUS AND ARE NOT -- ARE NOT LOOKING JUST FOR TIME OFF,

                    THEY'RE LOOKING TO EXERCISE THEIR RIGHT TO VOTE.  AND THERE HAVE BEEN

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    PROBLEMS WHERE PEOPLE HAVE NOT BEEN ABLE TO DO THAT, EITHER BECAUSE OF

                    THEIR LONG COMMUTES OR THEIR MULTIPLE JOBS, THEIR FAMILY

                    RESPONSIBILITIES, PARENTAL RESPONSIBILITIES, CARE OF -- CARE OF RELATIVES.

                    SO, WE JUST WANT TO ENSURE THAT ALL CITIZENS WHO WANT TO VOTE HAVE AN

                    OPPORTUNITY TO VOTE.

                                 MR. NORRIS:  THANK YOU VERY MUCH FOR ANSWERING

                    MY QUESTIONS.

                                 ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. NORRIS:  IN TERMS OF THE THREE-HOUR PAID

                    VOTING, WHICH IS A SUBSTANTIAL CHANGE FROM THE CURRENT LAW, AS WE

                    DISCUSSED EARLIER WITH THE FOUR HOURS ON EITHER SIDE WHERE YOU'RE NOT

                    ALLOWED THE TWO-HOUR VOTING, THIS IS A SUBSTANTIAL MANDATE ON ALL

                    BUSINESSES IN THE STATE OF NEW YORK.  THIS IS A SUBSTANTIAL MANDATE ON

                    ALL OF THE MUNICIPALITIES WHO HAVE WORKERS WORKING ON ELECTION DAY.

                    AND THERE ARE ALTERNATIVES.  WE HAVE EARLY VOTING, WHICH IS IN STATUTE,

                    STARTING THIS NOVEMBER FOR EIGHT DAYS PRIOR TO ELECTION DAY.  IT'S THERE.

                    I AM HOPEFUL THAT WE WILL HAVE NO-EXCUSE ABSENTEE VOTING.  I WAS VERY

                    PROUD TO SUPPORT THAT FIRST PASSAGE OF THE CONSTITUTIONAL AMENDMENT

                    AND I HOPE BEFORE 2000 -- THE END OF 2001 -- 2021, THAT WILL BE LAW.

                                 SO, I JUST BELIEVE THAT THIS IS UNNECESSARY WITH THE

                    AVENUES AND THE OPPORTUNITIES RIGHT NOW FOR US TO EXERCISE, AND

                    PROUDLY EXERCISE OUR RIGHT TO VOTE.  AND, THEREFORE, I WILL BE VOTING

                    AGAINST THIS BUDGET BILL.  THANK YOU, MR. SPEAKER, APPRECIATE THE TIME.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MR. REILLY.

                                 MR. REILLY:  THANK YOU, MR. SPEAKER.  WILL THE --

                    MADAM CHAIR YIELD FOR ONE LAST QUESTION?

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN, WILL

                    YOU YIELD --

                                 MS. WEINSTEIN:  YES.

                                 ACTING SPEAKER AUBRY:  -- HE PROMISES THERE'S

                    ONLY ONE.

                                 MR. REILLY:  ONLY ONE.  I PROMISE.

                                 MS. WEINSTEIN:  I HOPE IT'S NOT LIKE ONE OF MR.

                    GOODELL'S ONLY ONE QUESTIONS.

                                 (LAUGHTER)

                                 MR. REILLY:  SO, THE -- THE ONE LAST QUESTION I HAVE

                    IS, WITH THIS LEGISLATION AND THE FORESEEN 50-A RULING ABOUT POLICE

                    RECORDS BEING RELEASED, IF WE, AS A STATE AND WITH THE DIVISION OF

                    CRIMINAL JUSTICE, PROVIDE THIS INFORMATION WITHIN A YEAR DURING THE

                    PROCEEDINGS, WILL THIS IMPACT POTENTIALLY PROVIDING DETAILS OF INCIDENTS

                    THAT HAPPENED WITH OFFICERS WHILE THEY WERE DEALING WITH ISSUES

                    REGARDING CRIMINAL COMPLAINTS AND PERSONNEL ISSUES LIKE CIVILIAN

                    COMPLAINT?

                                 MS. WEINSTEIN:  I -- I THINK THIS IS ABOUT DATA

                    COLLECTION.  THE BODY CAMERA ISSUE IS A DIFFERENT ISSUE.  IS IT -- ARE YOU

                    TALKING ABOUT BODY CAMERAS --

                                 MR. REILLY:  NO, NO --

                                 MS. WEINSTEIN:  -- OR ARE YOU TALKING ABOUT

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    CIVILIAN COMPLAINTS?

                                 MR. REILLY:  I'M DEALING WITH RELEASING POLICE

                    OFFICERS' PERSONNEL ISSUES --

                                 MS. WEINSTEIN:  OH.

                                 MR. REILLY:  -- AND IF YOU RELEASE THIS INCIDENT, LIKE

                    THE USE OF FORCE, YOU ARE, POTENTIALLY, DURING AN INVESTIGATION,

                    PROVIDING THE DETAILS OF AN INCIDENT IN A LOCATION IN A COUNTY, MAYBE

                    NOT IDENTIFYING THE OFFICER BY NAME OR THE -- THE INDIVIDUAL SUBJECTED TO

                    WHATEVER HAPPENS IN THAT INCIDENT BY NAME, BUT IF IT IS A NEWSWORTHY

                    INCIDENT, YOU WOULD BE IDENTIFYING THE OFFICER AND THE INCIDENT BY

                    PUTTING IT ON THE WEBSITE.  SO, I THINK THIS MAY BROADEN THE HORIZON OF

                    50-A WITHOUT US PASSING THAT LEGISLATION; DO YOU AGREE?

                                 MS. WEINSTEIN:  NO, I DON'T, BECAUSE, YOU KNOW,

                    AGAIN, I'LL GO BACK TO THE PERSONAL INFORMATION ISN'T -- ISN'T THERE, IT'S

                    DATA REPORTING.  IF YOU SAY IT'S A PUBLIC EVENT -- PUBLICIZED EVENT, THE

                    INFORMATION IS ALREADY OUT THERE WITHOUT THE POLICE REPORTING.

                                 MR. REILLY:  WELL -- AND I'M SORRY, I DID SAY ONE

                    QUESTION, BUT I DO HAVE A FOLLOW-UP WITH THAT, AND I APOLOGIZE.

                                 MS. WEINSTEIN:  OKAY.

                                 MR. REILLY:  WHEN YOU HAVE A -- A HIGHLY-PROFILED

                    INCIDENT AND IT IDENTIFIES THE SPECIFIC OFFICER OR SUBJECT OF THE INCIDENT,

                    WHETHER IT'S THE OFFICER OR THE PERPETRATOR OF THE CRIME, I THINK WE ARE

                    PROVIDING MORE INFORMATION THAN SHOULD BE LEGALLY PROVIDED IF WE

                    HAVE IT ON A WEBSITE WITHIN A YEAR OF THE INCIDENT.  SO, DO YOU BELIEVE

                    THAT THAT MAY HINDER SOME OF OUR MUNICIPALITIES ACTUALLY DEFENDING

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    OFFICERS, LIKE THE NEW YORK CITY CORPORATION COUNSEL?

                                 MS. WEINSTEIN:  NO, I DO NOT BELIEVE SO.

                                 MR. REILLY:  OKAY.  THANK YOU.

                                 ON THE BILL, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. REILLY:  SO, I THINK THE INTENT OF IDENTIFYING

                    USE OF FORCE IS A VALIANT EFFORT IN MAKING SURE THAT WE'RE TRANSPARENT

                    AND THAT WE HOLD OUR OFFICERS ACCOUNTABLE, BECAUSE I WILL TELL YOU AS A

                    MEMBER WEARING THAT UNIFORM AND HOLDING THAT SHIELD ON MY CHEST,

                    ACCOUNTABILITY IS VERY IMPORTANT AND I SHOULD BE SUBJECT.  AND WHEN I

                    WAS WEARING THAT UNIFORM, I WAS SUBJECTED TO THAT ACCOUNTABILITY.  I

                    WILL SAY THAT SOME OF THE ISSUES THAT WERE RAISED WITH THIS LEGISLATION, I

                    DO HAVE SOME CONCERNS.  I THINK THAT IT SUBJECTS US TO MANDATING THAT

                    THINGS ARE REPORTED WITHIN A YEAR WHEN CRIMINAL PROCEEDINGS AREN'T

                    COMPLETED.  SO, I THINK THAT WE SHOULD REALLY HOLD BACK AND ENSURE THAT

                    WE'RE NOT SUBJECTING BOTH THE DEFENDANT AND OUR MUNICIPALITIES TO

                    SPECIFIC REQUIREMENTS WHEN THEY CAN JEOPARDIZE CRIMINAL AND CIVIL

                    PROCEEDINGS.  SO, I THINK THIS IS A PRIME EXAMPLE OF US PUTTING THE CART

                    BEFORE THE HORSE AND I URGE ALL MY COLLEAGUES TO PLEASE VOTE IN THE

                    NEGATIVE.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MR. GOODELL.

                                 MR. GOODELL:  THANK YOU, MR. SPEAKER, FOR THE

                    OPPORTUNITY TO HOPEFULLY WRAP UP QUESTIONS ON THIS BILL.

                                 WOULD THE SPONSOR YIELD?

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MS. WEINSTEIN:  MENTIONING YOUR NAME DIDN'T

                    MEAN YOU HAD TO STAND UP AND ASK.

                                 MR. GOODELL:  OH.  I MISUNDERSTOOD.

                                 MS. WEINSTEIN:  OKAY.

                                 (LAUGHTER)

                                 SURE, I'D BE HAPPY TO ANSWER.

                                 MR. GOODELL:  YOU KNOW, I'M INTRIGUED ABOUT THIS

                    ELECTION LAW THREE HOURS OFF, WE'VE HAD A LOT OF DISCUSSION ON IT

                    TONIGHT.

                                 MS. WEINSTEIN:  SURE.

                                 MR. GOODELL:  IS THERE ANY OTHER SITUATION UNDER

                    STATE LAW WHERE WE REQUIRE EMPLOYERS TO GIVE PEOPLE TIME OFF AT

                    EMPLOYER EXPENSE?

                                 MS. WEINSTEIN:  WE DO FOR MEDICAL-RELATED ISSUES;

                    VARIOUS CANCER SCREENINGS YOU'RE ALLOWED TIME OFF.

                                 MR. GOODELL:  YOU'RE ALLOWED TIME OFF, BUT THE

                    LAW DOESN'T MANDATE THAT THE EMPLOYER GIVE YOU TIME OFF AT A CERTAIN

                    TIME DURING THE DAY OR ON A PARTICULAR DAY, CORRECT?

                                 MS. WEINSTEIN:  RIGHT.  NO, WE -- I MEAN, WE --

                    WE DON'T IN THOSE INSTANCES BECAUSE THEY AREN'T DATE SPECIFIC, BUT, YOU

                    KNOW, AS WE HAVE DISCUSSED TODAY, THIS IS -- WE'RE ADDING THE HOUR TO

                    THE -- THE DAY, SO THIS MANDATE ALREADY DOES EXIST, OF TWO HOURS AND TO

                    BE PAID -- YOU KNOW, TO NOT LOSE PAY.  YOU CAN -- YOU'RE ALSO ALLOWED

                    TIME OFF FOR -- TO DO BLOOD DONATIONS, YOU KNOW, AS I MENTIONED, THE

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    MEDICAL CANCER SCREENINGS.

                                 MR. GOODELL:  THIS -- THIS LEGISLATIVE BODY HAS

                    BEEN VERY CONCERNED, AS YOU KNOW, ON STAFFING LEVELS.  WE'VE PASSED

                    THE SAFE STAFFING LEGISLATION SEVERAL TIMES THAT REQUIRES A CERTAIN LEVEL

                    OF NURSING STAFFING IN EMERGENCY ROOMS AND HOSPITALS, OR WE REQUIRE

                    THE EMERGENCY ROOM TO BE CLOSED, I MEAN, OR NOT ALLOW NEW PATIENTS TO

                    COME IN.  THERE ARE OTHER ORGANIZATIONS, NOT JUST NURSING HOMES AND

                    HOSPITALS, BUT OUR CORRECTIONAL FACILITIES, FOR EXAMPLE, WHERE WE EXPECT

                    A CERTAIN MINIMUM NUMBER OF STAFFING.  SO, TELL ME, IF THIS GOES INTO

                    EFFECT, HOW WOULD A HOSPITAL OR A NURSING HOME COMPLY WITH SAFE

                    STAFFING IF UP TO ONE-HALF OF THEIR STAFF COULD LEAVE AT THE BEGINNING OF

                    THE SHIFT OR AT THE END OF THE SHIFT, THE OTHER HALF AT THE END OF THE SHIFT?

                                 MS. WEINSTEIN:  WELL, YOU KNOW, AS -- AS CURRENT

                    LAW, YOU HAVE TO GIVE NOTICE, YOU CAN HAVE MUTUALLY AGREED UPON

                    TIMES, THERE'S NOT THE REQUIREMENT THAT YOU HAVE THE FULL AMOUNT OF -- OF

                    TIME.  MANY PEOPLE CURRENTLY WOULD -- MAYBE COMING IN JUST A LITTLE BIT

                    LATE, BUT THERE CERTAINLY IS ENOUGH TIME TO -- FOR, YOU KNOW, A FACILITY TO

                    HAVE ADVANCED NOTICE OF SOMEONE'S -- OF -- OF STAFF ABSENCE TO BE ABLE

                    TO HAVE A PROPER SCHEDULING.

                                 MR. GOODELL:  MANY OF OUR COLLECTIVE BARGAINING

                    AGREEMENTS, AS YOU KNOW, REQUIRE A MINIMUM NOTICE FOR OVERTIME OR

                    ADDITIONAL HOURS.  AND SOME -- SOME OPERATIONS ACTUALLY, BY LAW, LIMIT

                    THE NUMBER OF HOURS AN EMPLOYEE CAN WORK, SUCH AS SEMI-TRUCK

                    DRIVERS, RIGHT?  THEY'RE LIMITED TO A CERTAIN NUMBER OF HOURS.  WOULD

                    YOU ENVISION THAT THIS ELECTION LAW PROVISION WOULD SUPERCEDE THE

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    COLLECTIVE BARGAINING AGREEMENTS OR OTHER REQUIREMENTS SO THAT A [SIC]

                    EMPLOYER SUCH AS A HOSPITAL COULD GIVE LESS NOTICE AND STILL REQUIRE

                    STAFF TO SHOW UP SO THAT THEY DON'T SHUT DOWN THEIR EMERGENCY ROOM?

                                 MS. WEINSTEIN:  NO.  YOU KNOW, I THINK THAT

                    SOMETHING WOULD BE NEGOTIATED -- YOU KNOW, IN OUR -- LISTENING TO

                    SOME OF THE DISCUSSION, YOU'D THINK THAT EVERYBODY IN OUR STATE WAS

                    VOTING; ONLY IF THAT -- THAT WERE TRUE.  THE IDEA IS TO TRY AND ENCOURAGE

                    MORE PEOPLE TO VOTE WHO HAVE NOT BEEN ABLE TO VOTE BECAUSE OF

                    BARRIERS OF HAVING TO GO TO WORK AND NOT HAVING ENOUGH TIMES.

                                 MR. GOODELL:  SO, ON A TYPICAL 9:00 TO 5:00, YOU

                    WOULD TYPICALLY HAVE THREE HOURS BEFORE YOUR SHIFT STARTED, FOUR HOURS

                    AFTER YOUR SHIFT, BUT YOU DON'T THINK SEVEN HOURS IS ENOUGH TIME TO VOTE

                    OUTSIDE OF YOUR NORMAL SHIFT, A 9:00 TO 5:00 SHIFT?

                                 MS. WEINSTEIN:  IT DEPENDS ON THE SITUATION.  AND,

                    YOU KNOW, ESPECIALLY WHEN YOU WERE FOCUSING ON HOSPITALS, MANY OF --

                    YOU KNOW, I THINK THE COUPLE OF NURSES WE HAVE HERE WOULD ATTEST TO

                    THE SHIFTS DON'T NECESSARILY FOLLOW THIS 9:00 TO 5:00 SITUATION.  SO,

                    SOMEONE'S -- SOMEONE'S SHIFT MAY TAKE THEM PAST VOTING HOURS, OR MAY

                    START AT THE VERY BEGINNING.  THEY WON'T -- YOU KNOW, AGAIN, IT IS NOT A

                    FULL THREE HOURS THAT SOMEONE'S -- THEY'RE ENTITLED UP TO THAT AMOUNT.

                    IT'S NOT A FULL THREE HOURS THAT SOMEONE'S GIVEN, IT RELATES TO WHERE THE

                    POLLING SITE IS, WHERE THEIR HOME IS, WHERE THEIR COMMUTE IS TO WORK.

                                 MR. GOODELL:  I'M GOING TO SHIFT A LITTLE BIT.

                    WE'VE TALKED A LITTLE BIT ABOUT REDUCING THE MAXIMUM CRIMINAL

                    SENTENCE --

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MS. WEINSTEIN:  SURE.

                                 MR. GOODELL: -- FOR A CLASS A MISDEMEANOR FOR

                    ALL CRIMINALS IN THE STATE, BECAUSE IT ONLY APPLIES TO PEOPLE WHO HAVE

                    BEEN CONVICTED AND SENTENCED TO THE MAXIMUM SENTENCE, CORRECT?

                                 MS. WEINSTEIN:  NO.  IT ACTUALLY APPLIES TO

                    ANYBODY WHO'S CONVICTED OF A CLASS A MISDEMEANOR, REGARDLESS OF THE

                    AMOUNT OF TIME.  I THINK, IF YOU RECALL, I SAID ONLY 4 PERCENT OF PEOPLE

                    CONVICTED OF A CLASS A MISDEMEANOR ACTUALLY ARE -- SERVE --

                                 MR. GOODELL:  A FULL YEAR.

                                 MS. WEINSTEIN:  -- ARE SENTENCED TO SERVE THE FULL

                    365 DAYS.  SO, IT'S A VERY SMALL PERCENTAGE THAT IT WOULD IMPACT IN

                    TERMS OF PEOPLE ACTUALLY SERVING TIME.  THERE ARE PEOPLE WHO ARE

                    CONVICTED OF A CLASS A MISDEMEANOR WHO NEVER SERVE A DAY -- A DAY IN

                    COURT -- I MEAN, A DAY IN JAIL.  SO, THE -- IT WILL HAVE VERY LITTLE IMPACT

                    ON THE ACTUAL TIME THAT PEOPLE CONVICTED OF THE CRIME ACTUALLY SERVE,

                    BUT WILL HELP TO ALLEVIATE SOME OF THE COLLATERAL CONSEQUENCES THAT

                    PEOPLE ARE FACING.

                                 MR. GOODELL:  ONE OF THE -- ONE OF THE COLLATERAL

                    CONSEQUENCES YOU MENTIONED IS THAT IF YOU ARE SENTENCED TO THE

                    MAXIMUM, SO WE'RE TALKING ABOUT THOSE 4 PERCENT, AND YOU'RE HERE

                    ILLEGALLY, IT HAS TO BE BOTH, YOU'RE SENTENCED TO THE MAXIMUM AND

                    YOU'RE HERE ILLEGALLY, IT TRIGGERS AUTOMATIC DEPORTATION.  MY QUESTION IS,

                    WHY DO WE HAVE A PUBLIC --

                                 MS. WEINSTEIN:  CAN I JUST -- CAN I INTERRUPT TO

                    CORRECT SOME -- SOMETHING?

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MR. GOODELL:  CERTAINLY.  I'M --

                                 MS. WEINSTEIN:  IT -- IT'S NOT -- IT DOESN'T IMPACT

                    PEOPLE WHO ARE HERE ILLEGALLY, IT IS -- IT WOULD IMPACT IN TERMS OF -- IT

                    WOULD IMPACT SOMEBODY WHO WOULD BE DEPORTABLE.  SO, THAT'S SOMEONE

                    WHO IS HERE LEGALLY.

                                 MR. GOODELL:  IT COULD AFFECT SOMEBODY WITH A

                    GREEN CARD.

                                 MS. WEINSTEIN:  CORRECT.

                                 MR. GOODELL:  THAT'S YOUR POINT.  YES.  AND I

                    WOULD AGREE.  SO, HERE'S MY QUESTION.  WHY IS IT THAT WE WANT TO AMEND

                    THE PENAL CODE FOR EVERY CRIMINAL IN THE STATE SO THAT THOSE WHO ARE

                    HERE ON A TEMPORARY VISA, OR A GREEN CARD, CAN COMMIT A CRIME AGAINST

                    A NEW YORKER, BE SENTENCED TO THE MAXIMUM SENTENCE, WHICH OCCURS

                    RELATIVELY RARELY, WHY DO WE WANT PEOPLE WHO ARE SENTENCED TO THE

                    MAXIMUM SENTENCE TO HAVE THE MAXIMUM OPPORTUNITY TO STAY HERE?  I

                    MEAN, HAVEN'T THEY KIND OF, LIKE, VIOLATED THEIR SOCIAL COMPACT IF

                    THEY'VE COMMITTED A CRIME AGAINST A NEW YORKER WHILE HERE ON A

                    TEMPORARY OR -- VISA, OR NON-PERMANENT VISA?

                                 MS. WEINSTEIN:  IT'S -- WELL, IT -- IT'S NOT THE TIME

                    THEY ARE SENTENCED, IT'S -- THE CONVICTION IS THE A MISDEMEANOR.  SO,

                    THERE ARE 50-SOME-ODD --

                                 MR. GOODELL:  NO, I UNDERSTAND, BUT THE -- THE

                    TRIGGERING THE AUTOMATIC DEPORTATION, THOUGH, IS BASED NOT JUST ON BEING

                    CONVICTED OF A CLASS A MISDEMEANOR, IT'S BEING SENTENCED TO THE

                    MAXIMUM.  AND, BY THE WAY, THE REASON --

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MS. WEINSTEIN:  NO, I -- I THINK YOU'RE WRONG.

                                 MR. GOODELL:  WE CAN REVIEW THE FEDERAL LAW

                    LATER --

                                 MS. WEINSTEIN:  YEAH.

                                 MR. GOODELL:  -- BUT I DID IT PULL IT OUT AND REVIEW

                    IT EARLIER.  AND THE REASON WHY --

                                 MS. WEINSTEIN:  I BELIEVE IT'S A CRIME THAT CARRIES A

                    -- A YEAR'S SENTENCE.

                                 MR. GOODELL:  THE REASON MOST PEOPLE DON'T GET

                    THE MAXIMUM SENTENCE IS BECAUSE USUALLY THEY RESERVE THE MAXIMUM

                    SENTENCE TO SOMEBODY WHO IS ARRESTED FOR A FELONY AND WAS ALLOWED TO

                    PLEA BARGAIN TO A MISDEMEANOR.  SO WHAT THIS REALLY DOES IS PROTECT

                    THOSE WHO ARE ON A TEMPORARY VISA THAT WERE ARRESTED FOR A FELONY AND

                    PLEA BARGAINED TO A MISDEMEANOR.  AND, AGAIN, I COME BACK TO THE

                    QUESTION, WHY IS IT IN THE BEST INTEREST OF NEW YORK STATE RESIDENTS THAT

                    WE MAKE IT EASIER FOR PEOPLE WHO ARE HERE ON A VISA, OR HERE ILLEGALLY,

                    EITHER ONE, IT DOESN'T MATTER, WHO HAVE COMMITTED A CRIME AGAINST A

                    NEW YORKER?  WHY DO WE WANT THOSE PEOPLE HERE IN NEW YORK?

                                 MS. WEINSTEIN:  IT'S PEOPLE WHO MAY BE -- WHO

                    ARE EXPOSED TO POTENTIAL OF A YEAR IN JAIL, AND THERE ARE -- THIS WOULD BE

                    AN AUTOMATIC, RIGHT, THIS IS ONE OF THE AUTOMATIC DEPORTATION FACTORS.

                    THERE ARE MANY OTHER FACTORS, AND THE -- THE CRIME THAT THEY COMMITTED,

                    THAT THEY ARE CONVICTED OF, WOULD BE ONE OF THE FACTORS TO BE LOOKED AT

                    IN TERMS OF DEPORTATION.

                                 MR. GOODELL:  THANK YOU VERY MUCH --

                                         285



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MS. WEINSTEIN:  SURE.

                                 MR. GOODELL:  -- MS. WEINSTEIN.

                                 ON THE BILL, SIR.

                                 ACTING SPEAKER DENDEKKER:  ON THE BILL.

                                 MR. GOODELL:  IT'S AMAZING, WE'VE JUST SPENT

                    SEVERAL HOURS DEBATING A BUDGET BILL AND VIRTUALLY NONE OF THE DEBATE

                    RELATED TO THE BUDGET, DID IT?  THERE'S VIRTUALLY NO DISCUSSION AT ALL

                    ABOUT APPROPRIATIONS IN THIS BILL.  AND THIS IS A BUDGET BILL.  WE'VE LOST

                    SIGHT THAT MAYBE WE OUGHT TO HAVE BUDGET ITEMS IN A BUDGET BILL AND, IF

                    SO, WE COULD HAVE, BY THE WAY, GONE HOME BY NOON.  BUT INSTEAD, WE'RE

                    DEBATING OVER WHETHER OR NOT WE WANT TO AMEND THE CRIMINAL LAW FOR

                    EVERYONE IN THE STATE OF NEW YORK SO THAT WE CAN ALLOW PEOPLE WHO

                    ARE HERE ON A VISA TO STAY HERE AFTER THEY'VE COMITTED A SERIOUS CRIME

                    AGAINST ONE OF OUR COLLEAGUES OR ONE OF OUR NEIGHBORS, OR ONE OF OUR

                    CONSTITUENTS.  THAT'S OUR PUBLIC POLICY THAT KEEPS AWAKE AT NIGHT, HOW

                    CAN WE KEEP CRIMINALS WHO ARE COMMITTING CRIMES WHO HAVE BEEN

                    CONVICTED, WHO HAVE BEEN SENTENCED TO THE MAXIMUM, HERE.  BECAUSE

                    WE WANT THEM HERE, APPARENTLY.

                                 NOW, I LOVE HAVING IMMIGRANTS HERE; I THINK THEY

                    BRING A HUGE WEALTH OF INFORMATION AND BENEFIT TO OUR STATE.  BUT IT

                    COMES WITH A CONCOMITANT, A CORRESPONDING COMMITMENT, THAT THEY

                    COMPLY WITH THE LAWS; THAT THEY DON'T COMMIT SOME SEX CRIME AGAINST

                    OUR CONSTITUENTS, THAT THEY DON'T ROB ONE OF OUR CONSTITUENTS, THEY DON'T

                    COMMIT CRIMES AGAINST US.  I LOVE HAVING PEOPLE OVER TO MY HOUSE, BUT

                    YOU KNOW WHAT?  IF THEY STEAL -- IF THEY STEAL THE SILVERWARE, I'M NOT

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    INVITING THEM BACK.  BUT HERE WE ARE, WE'RE BEING ASKED TO AMEND OUR

                    ENTIRE CRIMINAL LAW SO THAT IF SOMEONE STEALS YOUR SILVERWARE, WE

                    WON'T SEND THEM BACK.  WE'LL MAKE SURE THEY GET TO STAY IN OUR

                    COMMUNITY.  I DON'T THINK THAT IS A PUBLIC POLICY THAT JUSTIFIES BEING PUT

                    IN A BUDGET BILL THAT HAS NOTHING TO DO WITH THE BUDGET THAT KEEPS US

                    HERE FOR HOURS.

                                 AND WE SAY TO ALL OF OUR EMPLOYERS, WE'RE GOING TO LET

                    YOUR EMPLOYEES VOTE FOR A COUPLE OF WEEKS BEFORE THE ELECTION, RIGHT,

                    EARLY VOTING, STARTING TEN DAYS BEFORE THE ELECTION, FOR EARLY VOTING AND

                    FOR THE FINAL VOTING, WE'LL GIVE YOU FROM 6:00 A.M. TO 9:00 P.M., 13

                    HOURS.  BUT ANY ONE OF YOUR EMPLOYEES CAN COME IN AND SAY, HEY, I'D

                    LIKE TO TAKE UP THE THREE HOURS AT YOUR EXPENSE, THAT'S THE EMPLOYER'S

                    EXPENSE, TO VOTE ON ELECTION DAY.  RIGHT?  RIGHT.  AND IF YOU'RE

                    RUNNING A HOSPITAL AND YOU COULD HAVE UP TO HALF YOUR STAFF TAKE OFF

                    TIME, WHAT?  YOU SHUT DOWN THE EMERGENCY ROOM?  CALL UP AND SAY,

                    YOU KNOW THAT -- THAT OPERATION YOU WERE PLANNING ON, HOW ABOUT WE

                    DON'T SCHEDULE IT ON ELECTION DAY BECAUSE WE MAY NOT HAVE THE STAFF TO

                    MAKE SURE YOU'RE PROPERLY CARED FOR.  AND OUR JAILS, YOU SAY, HEY

                    GUYS, I HOPE YOU DON'T MIND, BUT WE'RE GOING ON LOCKDOWN FOR THE FIRST

                    THREE HOURS OF THE SHIFT AND WE'RE GOING ON LOCKDOWN ON THE LAST THREE

                    HOURS OF THE SHIFT BECAUSE WE'RE ONLY GOING TO HAVE HALF THE STAFF HERE.

                    BUT DON'T WORRY, WE'RE GOING TO BE VOTING FOR LEGISLATORS WHO'LL REDUCE

                    YOUR SENTENCE BY A DAY SO YOU CAN STAY IN THE COMMUNITY RATHER THAN

                    BEING DEPORTED.  I GUESS IT ALL MAKES SENSE.

                                 I WOULD IMPLORE MY COLLEAGUES, AS WE LOOK FORWARD TO

                                         287



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    NEXT YEAR, LET'S DO OUR BEST TO INTENTIONALLY OMIT ALL THOSE

                    NON-BUDGETARY ITEMS FROM THE BUDGET.  AND MAY I REMIND MY

                    COLLEAGUES WHO ARE SO FORTUNATE TO BE IN THE MAJORITY IN BOTH HOUSES,

                    YOU NO LONGER NEED TO HAVE IT IN THE BUDGET, DO YOU?  ALL YOU'VE GOT TO

                    DO IS AGREE WITH THE OTHER SIDE WHAT YOU WANT TO DO, AND YOU CAN PASS A

                    STAND UP -- STANDALONE BILL.  YOU NO LONGER NEED TO SHOVE IT INTO THE

                    BUDGET TO FORCE THE REPUBLICANS IN THE SENATE TO BACK IT BECAUSE THEY

                    MIGHT OTHERWISE LOSE SOME BUDGETARY ISSUE, THAT'S NO LONGER THERE.

                                 SO GLAD TO SPEND ALL MY TIME WITH YOU TONIGHT.

                                 ACTING SPEAKER DENDEKKER:  MR. GOODELL, I

                    AM SORRY TO TELL YOU YOUR TIME IS UP.

                                 MR. GOODELL:  THANK YOU, SIR.

                                 ACTING SPEAKER DENDEKKER:  BUT YOU COULD

                    COME BACK.

                                 MR. STECK.

                                 MR. STECK:  I WILL ADDRESS THIS WHEN I EXPLAIN MY

                    VOTE, THANK YOU.

                                 ACTING SPEAKER DENDEKKER:  THANK YOU,

                    MR. STECK.

                                 (APPLAUSE)

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER DENDEKKER:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                         288



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MR. PHILLIP STECK TO EXPLAIN HIS VOTE.

                                 MR. STECK:  VERY BRIEFLY, MR. SPEAKER.  THE ISSUE

                    THAT WAS BEING DISCUSSED, AND WHILE I AGREE WITH MY COLLEAGUE THAT WE

                    SHOULD NOT HAVE POLICY IN THE BUDGET, THE ISSUE THAT WAS BEING

                    DISCUSSED IS NOT ACCURATE.  A [SIC] AUTOMATIC 365 DAY CRIME, EVEN IF THE

                    PERSON DOES NOT RECEIVE SUCH A LONG SENTENCE, WOULD MAKE THE PERSON

                    AUTOMATICALLY DEPORTED.  A PERSON CAN STILL BE DEPORTED BASED ON THE

                    UNDERLYING FACTS OF THE CASE IF THE PERSON DID SOMETHING PARTICULARLY

                    HEINOUS, EVEN IF THEY WERE NOT AUTOMATICALLY DEPORTABLE.  THE PURPOSE

                    OF THE LEGISLATION IS TO PREVENT PEOPLE WHO HAVE COMMITTED EXTREMELY

                    MINOR OFFENSES FROM BEING DEPORTED WITH NO QUESTIONS ASKED.

                                 THANK YOU VERY MUCH, MR. SPEAKER.

                                 ACTING SPEAKER DENDEKKER:  MR. STECK IN

                    THE AFFIRMATIVE.

                                 MR. BLAKE TO EXPLAIN HIS VOTE.

                                 MR. BLAKE:  JUST BRIEFLY TO EXPLAIN MY VOTE.  YOU

                    KNOW, FIRST, I WILL DEFINITELY BE VOTING IN THE AFFIRMATIVE, BUT I JUST

                    THINK, FOR THE RECORD THAT, COLLEAGUES, I WOULD HOPE THAT WE WOULD NOT

                    ALLOW RACE-BAITING TO CONTINUE IN THIS HOUSE.  WE HEARD RHETORIC BEING

                    CONVEYED ABOUT PERPETRATORS AND WHAT WOULD OCCUR IF SOMEONE -- WHY

                    WOULD YOU WANT TO DISCLOSE THE RECORDS.  WELL, MR. SPEAKER AND

                    COLLEAGUES, NOT ONCE, BUT TWICE IN MY LIFE, I WAS A VICTIM OF POLICE

                    BRUTALITY; ONCE WHILE BEING AN ELECTED OFFICIAL.  AND THE ONLY REASON

                    WHY THEY LET ME GO OF ME IS BECAUSE THEY RECOGNIZED I WAS AN ELECTED

                    OFFICIAL.  THE NONSENSE THAT'S BEING CONVEYED THAT FOR SOMEHOW IT'S

                                         289



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    PROBLEMATIC FOR INFORMATION TO BE SHARED AND THEN CONVEY AGAIN THE

                    LANGUAGE OF PERPETRATORS IS THE EPITOME OF RACE-BAITING.

                                 EQUALLY, WHEN HAVING THE CONVERSATION ABOUT WHY

                    WOULD WE WANT TO MAKE IT EASIER FOR PEOPLE TO VOTE?  YES, WE SHOULD

                    BE MAKING IT EASIER FOR SOMEONE TO VOTE, TO BE ABLE TO EXERCISE THEIR

                    RIGHTS.  YOU'RE ASKING THE QUESTION ON WHY IS THIS RELEVANT TO THE

                    BUDGET.  NOT ONLY SHOULD WE BE MAKING IT EASIER FOR PEOPLE TO BE ABLE

                    TO STAY HERE AND TO VOTE, BUT OBVIOUSLY IF YOU'RE SPENDING TIME AND

                    RESOURCES AND TRYING TO DEPORT PEOPLE RATHER THAN KEEP PEOPLE HERE,

                    THERE'S CLEAR SYNERGY ON WHY IT'S IMPACTING WITHIN THE BUDGET.

                                 SO, NOT ONLY WILL I BE VOTING IN THE AFFIRMATIVE AND I --

                    AND I WOULD ASK ALL OUR COLLEAGUES TO DO SO, BUT I THINK THE BROADER

                    CONCERN TO ME IS TO CONTINUE TO LISTEN TO INTENTIONALLY RACIST

                    DISCRIMINATORY RHETORIC THAT'S BEING CONVEYED.  STOP THE NONSENSE OF

                    CONVEYING THAT IF SOMEONE HAS BEEN A VICTIM OF BRUTALITY OR ARREST, THAT

                    YOU'RE A PERPETRATOR, OR THAT YOU'RE A THUG.  OR THAT SOMETHING IS WRONG

                    WITH YOU.  I WILL NOT SIT HERE AND LISTEN TO THIS FOOLISHNESS ANY LONGER.

                    I'VE EXPERIENCED THIS AND SEEN THIS OVER AND OVER AGAIN, AND IT IS

                    UNACCEPTABLE.

                                 ACTING SPEAKER DENDEKKER:  MR. RAIA, WHY

                    DO YOU RISE?

                                 MR. RAIA:  I RISE BECAUSE, IF I'M NOT MISTAKEN, I

                    HAVE NOT HEARD ANYBODY MENTION RACE AT ALL.  AND FOR THE PREVIOUS

                    SPEAKER TO SIT THERE AND TALK ABOUT THE FACT THAT BY --

                                 ACTING SPEAKER DENDEKKER:  THAT'S NOT --

                                         290



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    MR. RAIA, I'M SORRY, THAT'S NOT A POINT OF PERSONAL PRIVILEGE.

                                 MR. BLAKE, CONTINUE.

                                 MR. BLAKE:  I VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER DENDEKKER:  MR. BLAKE IN

                    THE AFFIRMATIVE.

                                 MR. RAIA TO EXPLAIN HIS VOTE.

                                 MR. RAIA:  THANK YOU, MR. SPEAKER.  I'VE SAT

                    PATIENTLY THROUGH THIS WHOLE DEBATE.  AND BY TALKING ABOUT PURE FACTS,

                    PARTICULARLY FROM AN INDIVIDUAL THAT HAS SERVED IN THE POLICE

                    DEPARTMENT FOR MANY YEARS AS A LIEUTENANT AND HE'S CITING FACTS, AS

                    POLICE OFFICERS HAVE TO DO THAT.  THAT BEING SAID, I'M VOTING AGAINST THIS

                    BUDGET, BECAUSE, ONCE AGAIN, MR. INTENTIONALLY OMITTED IS LITTERED

                    THROUGHOUT THIS.  AID, AID TO MUNICIPALITIES, NOWHERE TO BE FOUND.  THE

                    TAX CAP -- MAKING THE TAX CAP PERMANENT, NOWHERE TO BE FOUND.  THESE

                    ARE ALL THINGS THAT SHOULD BE IN THE BUDGET, IN THIS PARTICULAR BUDGET THAT

                    WE'RE VOTING ON.  REVENGE PORN, NOWHERE TO BE FOUND IN THIS BUDGET.

                    ELIMINATING THE DEATH PENALTY, NOWHERE TO BE FOUND.

                                 IT'S UNFORTUNATE THAT THINGS THAT SHOULD BE IN THIS VERY

                    BUDGET THAT WE'RE SUPPOSED TO BE VOTING ON RIGHT NOW ARE BEING PUT OFF

                    AND GROUPED TOGETHER IN ONE LARGE "BIG UGLY", AS IT'S CALLED, WHEN WE

                    DON'T EVEN KNOW WHAT'S IN IT YET BECAUSE WE HAVEN'T BRIEFED IT.  I WILL

                    CONTINUE TO VOTE NO WHEN I SEE THINGS LIKE INTENTIONALLY OMITTED IN A

                    BUDGET BILL THAT WE'RE SUPPOSED TO BE VOTING ON.  THANK YOU, MR.

                    SPEAKER.

                                 ACTING SPEAKER DENDEKKER:  MR. RAIA IN

                                         291



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    THE NEGATIVE.

                                 MR. CRESPO TO EXPLAIN HIS VOTE.

                                 MR. CRESPO:  THANK YOU, MR. SPEAKER.  YOU KNOW,

                    AS YOU KNOW, IN THE PAST WE HAVE DISCUSSED A STANDALONE BILL REGARDING

                    THE CHANGE IN THE MISDEMEANOR FROM 365 TO 364, IT'S A BILL THAT I HAD

                    INTRODUCED, AND I -- AND I'M GRATEFUL TO THE LEADERSHIP OF THE GOVERNOR,

                    OUR PARTNERS IN THE STATE SENATE AND THE LEADERSHIP HERE IN THIS HOUSE

                    FOR INCLUDING IT IN THIS BUDGET.  TO BE CLEAR, AS ONE OF MY COLLEAGUES

                    STATED, THIS DOESN'T PREVENT AUTOMATIC DEPORTATIONS.  WHAT IT DOES IS

                    GIVE OUR JUDGES MORE DISCRETION.  THOSE THAT COMMIT CERTAIN CRIMES

                    WOULD STILL FACE THOSE CONSEQUENCES, IF MERITED, BUT IT WOULD ALLOW OUR

                    COURT SYSTEM -- AND -- AND TO THE POINT OF WHETHER OR NOT IT'S RELEVANT TO

                    THE BUDGET, ALLOWING FOR MORE CASES THAT COME -- THAT ARE POTENTIAL

                    CHARGES OF A CLASS A MISDEMEANOR TO BE ABLE TO CHOOSE A PLEA

                    AGREEMENT, AS IS OFTEN THE CASE WITH THOSE TYPES OF CASES, WILL SAVE OUR

                    COURT SYSTEM SIGNIFICANT REVENUE, IT WILL SAVE SIGNIFICANT REVENUE FROM

                    OUR -- OUR FREE LEGAL -- LEGAL SERVICES.  IT IS A -- IT HAS A DIRECT BUDGETARY

                    CONSEQUENCE WHILE, AT THE SAME TIME, GIVING OUR JUDGES MORE

                    DISCRETION, WHILE AT THE SAME TIME PREVENTING LOW-LEVEL CHARGES, FIRST

                    TIME OFFENSES FROM -- FROM THE POTENTIAL HARM OF SEPARATION OF FAMILIES.

                                 SO, THERE ARE A NUMBER OF REASONS WHY THAT IS

                    RELEVANT.  AND TO MAKE SURE THAT THOSE -- FOR OTHER PARTS OF THIS BUDGET,

                    TO MAKE SURE THAT THOSE WHO SERVE THE PUBLIC IN ANY CAPACITY, WHETHER

                    IT'S US ELECTED OFFICIALS, OR OUR HONORABLE AND -- AND -- AND POLICE

                    OFFICERS, THE FACT OF THE MATTER IS ANYBODY WHO DOES SOMETHING THEY

                                         292



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    SHOULD NOT DO OR ABUSES THE POWERS OF THEIR -- OF THEIR CHARGE, OF THEIR

                    TITLE, IT IS IMPERATIVE FOR THE COMMUNITY TO KNOW WHO IS SERVICING

                    THEM.  AND AS OUR COMMUNITIES ARE DEMANDING MORE TRANSPARENCY

                    ABOUT WHO WE ARE AS ELECTED OFFICIALS, AS WE HAVE TO DECLARE AND MAKE

                    PUBLIC ALL RECORDS PERTAINING TO OUR WORK, SO, TOO, SHOULD THE POLICE

                    OFFICERS WHO SERVE.  AND -- AND THE VAST MAJORITY OF THEM DO SO WITH

                    GREAT HONOR.  BUT FOR THOSE BAD APPLES, AS IN ANY OTHER INDUSTRY, OUR

                    COMMUNITY DESERVES TO KNOW WHO THEY ARE AND WHAT THEY'VE DONE.  I'LL

                    PROUDLY VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER DENDEKKER:  MR. CRESPO IN

                    THE AFFIRMATIVE.

                                 MR. PALMESANO TO EXPLAIN HIS VOTE.

                                 MR. PALMESANO:  THANK YOU, MR. SPEAKER, TO

                    BRIEFLY EXPLAIN MY VOTE.  I WOULD LIKE TO DIRECT MY COMMENTS TONIGHT TO

                    THE BRAVE MEN AND WOMEN WHO WORK AT OUR STATE CORRECTIONAL

                    FACILITIES, OUR CORRECTIONS OFFICERS AND OTHER STAFFS.  I'M SORRY, BECAUSE

                    THIS BUDGET FAILS YOU, BIG TIME.  OUR BUDGET SHOULD BE ABOUT SAYING

                    SOMETHING AND SHOWING THAT WE HAVE YOUR BACK.  UNFORTUNATELY,

                    INSTEAD, THIS BUDGET, WITH THESE CLOSURES, IS MORE LIKE A KNIFE IN YOUR

                    BACK.  IT'S JUST PLAIN WRONG.  I JUST WANT TO SAY TO ALL OF YOU CORRECTIONS

                    OFFICERS WHO ARE OUT THERE, THANK YOU FOR ALL YOU DO FOR US TO KEEP US

                    SAFE.  EACH AND EVERY DAY YOU GO INTO A DANGEROUS JOB AND YOU DON'T

                    KNOW WHAT TO EXPECT, OR WHAT'S GOING TO HAPPEN.  AND I WANT YOU TO

                    KNOW, I BELIEVE THERE IS A NUMBER OF GOOD PEOPLE HERE IN STATE

                    GOVERNMENT THAT APPRECIATE YOU AND THANK YOU FOR WHAT YOU DO FOR US.

                                         293



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    BUT UNFORTUNATELY AND OBVIOUSLY, WITH THIS BUDGET AND THESE PRISONER --

                    PRISON CLOSURES, I JUST DON'T THINK THERE'S ENOUGH.  FOR THAT REASON, I'M

                    VOTING IN THE NEGATIVE.

                                 ACTING SPEAKER AUBRY:  MR. PALMESANO IN THE

                    NEGATIVE.

                                 MR. MIKULIN.

                                 MR. MIKULIN:  THANK YOU, SPEAKER.  I RISE TO

                    EXPLAIN MY VOTE.  I HAVE TWO UNCLES THAT ARE RETIRED POLICE OFFICERS IN

                    NEW YORK CITY.  AND LET ME TELL YOU SOMETHING, THESE MEN AND

                    WOMEN, THEY GIVE UP A LOT TO SERVE OUR COMMUNITIES.  WE NEED TO BE

                    BEHIND THEM 100 PERCENT.  THIS DOES NOT DO THAT.  WHAT THIS DOES IS THIS

                    HAS THE POLICE OFFICERS QUESTION WHETHER OR NOT IT IS THAT THEY HAVE TO

                    REPORT EVERY INTERACTION THAT THEY COME INTO.  THE POLICE OFFICERS ARE

                    WELL TRAINED, THEY KNOW WHAT THEY'RE DOING AND FOR THAT REASON, I'M

                    GOING TO VOTE IN THE NEGATIVE AND I ENCOURAGE MY COLLEAGUES TO DO THE

                    SAME.

                                 ACTING SPEAKER AUBRY:  MR. MIKULIN IN THE

                    NEGATIVE.

                                 MS. BYRNES.

                                 MS. BYRNES:  THANK YOU, MR. SPEAKER.  AS A

                    FORMER PROSECUTOR AND A FORMER JUDGE, I SHARE THE SENTIMENTS OF MR.

                    PALMESANO, AS WELL AS MY FELLOW REPUBLICANS.  AND I ALSO STAND WITH

                    LAW ENFORCEMENT.  AND I RECENTLY WENT ON A CORRECTIONS TOUR OF

                    LIVINGSTON CORRECTIONAL FACILITY.  AND I SAW THE DOUBLE-BUNKING.  I

                    SAW THE DANGERS THAT THEY DEAL WITH EVERY DAY.  I KNOW THE NEED TO

                                         294



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    HAVE DOUBLE-BUNKING ELIMINATED, BY INSTEAD PUTTING THE PRISONERS WHO

                    ARE DOUBLE-BUNKED INTO PRISONS THAT ARE NOT OVERCROWDED SO THAT

                    EVERYONE CAN SURVIVE THAT ENVIRONMENT AND THE OFFICERS CAN GO HOME

                    SAFELY AND THE INMATES CAN ALSO, WHEN THEY'RE DONE WITH THEIR

                    SENTENCES, GO HOME SAFELY, ALSO.  THANK YOU.  I'M VOTING IN THE

                    NEGATIVE.

                                 ACTING SPEAKER AUBRY:  MS. BYRNES IN THE

                    NEGATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, COULD YOU

                    PLEASE CALL ON MR. CROUCH FOR AN ANNOUNCEMENT?

                                 ACTING SPEAKER AUBRY:  MR. CROUCH FOR THE

                    PURPOSES OF AN ANNOUNCEMENT.

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

                    THERE'S GOING TO BE A REPUBLICAN CONFERENCE IN THE PARLOR AT 9:00

                    SHARP.

                                 ACTING SPEAKER AUBRY:  REPUBLICAN

                    CONFERENCE IN THE PARLOR, 9:00 P.M. SHARP.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  SO, MR. SPEAKER, IF WE

                    COULD CALL THE HOUSE TO RECESS AND BACK AT THE CALL OF THE SPEAKER.

                                 ACTING SPEAKER AUBRY:  THE HOUSE WILL BE AT

                                         295



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    RECESS AT THE CALL OF THE SPEAKER.

                                 (WHEREUPON, AT 8:32 P.M., THE HOUSE STOOD IN RECESS

                    UNTIL THE CALL OF THE SPEAKER.)

                                                 *     *     *     *     *

                    A F T E R     T H E     R E C E S S                                    11:45 P.M.

                                 ACTING SPEAKER AUBRY:  THE HOUSE WILL COME

                    TO ORDER.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, I MOVE TO

                    ADVANCE THE B-CALENDAR.

                                 ACTING SPEAKER AUBRY:  ON MRS. STOKES'

                    [SIC] MOTION, THE B-CALENDAR IS ADVANCED.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, WE WILL BE

                    TAKING UP RULES REPORT NO. 48, A BUDGET BILL, STATE OPERATIONS, ON

                    DEBATE BY MS. WEINSTEIN.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A02000-D, RULES

                    REPORT NO. 48, BUDGET BILL.  AN ACT TO -- MAKING APPROPRIATIONS FOR THE

                    SUPPORT OF GOVERNMENT, STATE OPERATIONS BUDGET.

                                 ACTING SPEAKER AUBRY:  GOVERNOR'S MESSAGE

                    IS AT THE DESK.  THE CLERK WILL READ.

                                 THE CLERK:  I HEREBY CERTIFY TO AN IMMEDIATE VOTE,

                    ANDREW M. CUOMO, GOVERNOR.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                         296



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 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.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, IF WE

                    COULD NOW GO TO RULES REPORT NO. 50, WHICH IS ALSO ON PAGE 3 OF OUR

                    B-CALENDAR, AID TO LOCALITIES.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A02003-D, RULES

                    REPORT 50, 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.  THE CLERK WILL READ.

                                 THE CLERK:  I HEREBY CERTIFY TO AN IMMEDIATE VOTE,

                    ANDREW M. CUOMO, GOVERNOR.

                                 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. GOODELL:  MR. SPEAKER, WOULD YOU LAY THIS

                                         297



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    BILL ASIDE?

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.

                                 (PAUSE)

                                 THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A02000-D [SIC]

                    (A02003-D) RULES REPORT NO. 50, 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.

                                 THE CLERK WILL READ.

                                 THE CLERK:  I HEREBY CERTIFY TO AN IMMEDIATE VOTE,

                    ANDREW M. CUOMO, GOVERNOR.

                                 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.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, IF YOU

                    COULD ASK THE HOUSE TO STAND AT EASE.

                                 ACTING SPEAKER AUBRY:  THE HOUSE WILL STAND

                    AT EASE.

                                 (WHEREUPON, THE HOUSE STOOD AT EASE.)

                                         298



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                              *     *     *     *     *

                                 ACTING SPEAKER AUBRY:  THE HOUSE WILL COME

                    TO ORDER.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU.  I MOVE THAT

                    WE ADVANCE THE C-CALENDAR.

                                 ACTING SPEAKER AUBRY:  ON MRS.

                    PEOPLES-STOKES' MOTION, THE C-CALENDAR IS ADVANCED.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  IF WE CAN GO TO PAGE 8, RULES REPORT NO. 54, IT'S A BUDGET

                    BILL AND THERE -- I BELIEVE THERE ARE AMENDMENTS ON YOUR DESK.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A02009-C, RULES

                    REPORT NO. 54, BUDGET BILL.  AN ACT TO AMEND PART U OF CHAPTER 61 OF

                    THE LAWS OF 2011, AMENDING THE REAL PROPERTY TAX LAW AND OTHER

                    LAWS RELATING TO ESTABLISHING STANDARDS FOR ELECTRONIC TAX

                    ADMINISTRATION, IN RELATION TO THE EFFECTIVENESS OF PROVISIONS RELATING TO

                    MANDATORY ELECTRONIC FILING OF TAX DOCUMENTS (PART A); TO AMEND THE

                    ECONOMIC DEVELOPMENT LAW, IN RELATION TO THE EMPLOYEE TRAINING

                    INCENTIVE PROGRAM (PART B); TO AMEND THE TAX LAW AND THE

                    ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, IN RELATION TO INCLUDING

                    IN THE APPORTIONMENT FRACTION RECEIPTS CONSTITUTING NET GLOBAL

                    INTANGIBLE LOW-TAXED INCOME (PART C); TO AMEND THE TAX LAW AND THE

                    ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, IN RELATION TO THE

                                         299



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    ADJUSTED BASIS FOR PROPERTY USED TO DETERMINE WHETHER A MANUFACTURER

                    IS A QUALIFIED NEW YORK MANUFACTURER (PART D); TO AMEND PART MM OF

                    CHAPTER 59 OF THE LAWS OF 2014 AMENDING THE LABOR LAW AND THE TAX

                    LAW RELATING TO THE CREATION OF THE WORKERS WITH DISABILITIES TAX

                    CREDIT PROGRAM, IN RELATION TO EXTENDING THE EFFECTIVENESS THEREOF (PART

                    E); TO AMEND THE TAX LAW IN RELATION TO THE INCLUSION IN A DECEDENT'S

                    NEW YORK GROSS ESTATE ANY QUALIFIED TERMINABLE INTEREST PROPERTY FOR

                    WHICH A PRIOR DEDUCTION WAS ALLOWED AND CERTAIN PRE-DEATH GIFTS (PART

                    F); TO AMEND THE TAX LAW, IN RELATION TO REQUIRING MARKETPLACE

                    PROVIDERS TO COLLECT SALES TAX; AND TO AMEND THE STATE FINANCE LAW, IN

                    RELATION TO ESTABLISHING THE NEW YORK CENTRAL BUSINESS DISTRICT TRUST

                    FUND (PART G); TO AMEND THE TAX LAW, IN RELATION TO ELIMINATING THE

                    REDUCED TAX RATES UNDER THE SALES AND USE TAX WITH RESPECT TO CERTAIN GAS

                    AND ELECTRIC SERVICE; AND TO REPEAL CERTAIN PROVISIONS OF THE TAX LAW

                    AND THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK RELATED THERETO

                    (PART H); TO AMEND THE REAL PROPERTY TAX LAW, IN RELATION TO THE

                    DETERMINATION AND USE OF STATE EQUALIZATION RATES (PART I); INTENTIONALLY

                    OMITTED (SUBPART A); TO AMEND THE REAL PROPERTY TAX LAW, IN RELATION

                    TO AUTHORIZING AGREEMENTS FOR ASSESSMENT REVIEW SERVICES (SUBPART B);

                    TO AMEND THE REAL PROPERTY TAX LAW, IN RELATION TO THE TRAINING OF

                    ASSESSORS AND COUNTY DIRECTORS OF REAL PROPERTY TAX SERVICES (SUBPART

                    C); TO AMEND THE REAL PROPERTY TAX LAW, IN RELATION TO PROVIDING

                    CERTAIN NOTIFICATIONS ELECTRONICALLY (SUBPART D); TO AMEND THE REAL

                    PROPERTY TAX LAW, IN RELATION TO THE VALUATION AND TAXABLE STATUS DATES

                    OF SPECIAL FRANCHISE PROPERTY (SUBPART E); AND TO AMEND THE REAL

                                         300



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    PROPERTY TAX LAW, IN RELATION TO THE REPORTING REQUIREMENTS OF POWER

                    PLANTS (SUBPART F) (PART J); TO REPEAL SECTION 3-D OF THE GENERAL

                    MUNICIPAL LAW, RELATING TO CERTIFICATION OF COMPLIANCE WITH TAX LEVY

                    LIMIT (PART K); TO AMEND THE TAX LAW, IN RELATION TO CREATING AN

                    EMPLOYER-PROVIDED CHILD CARE CREDIT (PART L); TO AMEND THE TAX LAW,

                    IN RELATION TO INCLUDING GAMBLING WINNINGS IN NEW YORK SOURCE

                    INCOME AND REQUIRING WITHHOLDING THEREON (PART M); TO AMEND THE TAX

                    LAW, IN RELATION TO THE FARM WORKFORCE RETENTION CREDIT (PART N); TO

                    AMEND THE TAX LAW, IN RELATION TO UPDATING TAX PREPARER PENALTIES; TO

                    AMEND PART N OF CHAPTER 61 OF THE LAWS OF 2005, AMENDING THE TAX

                    LAW RELATING TO CERTAIN TRANSACTIONS AND RELATED INFORMATION AND

                    RELATING TO THE VOLUNTARY COMPLIANCE INITIATIVE, IN RELATION TO THE

                    EFFECTIVENESS THEREOF; AND TO REPEAL CERTAIN PROVISIONS OF THE TAX LAW,

                    RELATING TO TAX PREPARER PENALTIES (PART O); TO AMEND THE TAX LAW, IN

                    RELATION TO EXTENDING THE TOP PERSONAL INCOME TAX RATE FOR FIVE YEARS

                    (PART P); TO AMEND THE TAX LAW AND THE ADMINISTRATIVE CODE OF THE

                    CITY OF NEW YORK, IN RELATION TO EXTENDING FOR FIVE YEARS THE

                    LIMITATIONS ON ITEMIZED DEDUCTIONS FOR INDIVIDUALS WITH INCOMES OVER

                    ONE MILLION DOLLARS (PART Q); TO AMEND THE TAX LAW, IN RELATION TO

                    EXTENDING THE CLEAN HEATING FUEL CREDIT FOR THREE YEARS (PART R); TO

                    AMEND SUBDIVISION (E) OF SECTION 23 OF PART U OF CHAPTER 61 OF THE

                    LAWS OF 2011 AMENDING THE REAL PROPERTY TAX LAW AND OTHER LAWS

                    RELATING TO ESTABLISHING STANDARDS FOR ELECTRONIC TAX ADMINISTRATION, IN

                    RELATION TO EXTENDING THE PROVISIONS THEREOF (PART S); TO AMEND THE

                    COOPERATIVE CORPORATIONS LAW AND THE RURAL ELECTRIC COOPERATIVE

                                         301



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    LAW, IN RELATION TO ELIMINATING CERTAIN LICENSE FEES (PART T); TO AMEND

                    THE TAX LAW, IN RELATION TO A CREDIT FOR THE REHABILITATION OF HISTORIC

                    PROPERTIES FOR STATE OWNED PROPERTY LEASED TO PRIVATE ENTITIES (PART U);

                    TO AMEND THE TAX LAW, IN RELATION TO EXEMPTING FROM SALES AND USE TAX

                    CERTAIN TANGIBLE PERSONAL PROPERTY OR SERVICES (PART V); TO AMEND THE

                    MENTAL HYGIENE LAW AND THE TAX LAW, IN RELATION TO THE CREATION AND

                    ADMINISTRATION OF A TAX CREDIT FOR EMPLOYMENT OF ELIGIBLE INDIVIDUALS IN

                    RECOVERY FROM A SUBSTANCE USE DISORDER (PART W); TO AMEND THE TAX

                    LAW AND THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, IN RELATION

                    TO EXCLUDING FROM ENTIRE NET INCOME CERTAIN CONTRIBUTIONS TO THE CAPITAL

                    OF A CORPORATION (PART X); INTENTIONALLY OMITTED (PART Y); TO AMEND THE

                    TAX LAW, THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, AND

                    CHAPTER 369 OF THE LAWS OF 2018 AMENDING THE TAX LAW RELATING TO

                    UNRELATED BUSINESS TAXABLE INCOME OF A TAXPAYER, IN RELATION TO MAKING

                    TECHNICAL CORRECTIONS THERETO (PART Z); TO AMEND THE REAL PROPERTY TAX

                    LAW, IN RELATION TO TAX EXEMPTIONS FOR ENERGY SYSTEMS (PART AA); TO

                    AMEND THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW, IN

                    RELATION TO PRE-EMPLOYMENT RESTRICTIONS FOR CERTAIN PROSPECTIVE

                    EMPLOYEES OF THE STATE GAMING COMMISSION (PART BB); INTENTIONALLY

                    OMITTED (PART CC); INTENTIONALLY OMITTED (SUBPART A); TO AMEND THE

                    RACING, PARI-MUTUEL WAGERING AND BREEDING LAW, IN RELATION TO

                    APPOINTEES TO THE THOROUGHBRED BREEDING AND DEVELOPMENT FUND

                    (SUBPART B); TO AMEND THE RACING, PARI-MUTUEL WAGERING AND

                    BREEDING LAW, IN RELATION TO ACQUISITION OF FUNDS FOR THE HARRY M.

                    ZWEIG MEMORIAL FUND (SUBPART C); AND TO AMEND THE TAX LAW, IN

                                         302



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    RELATION TO THE PRIZE PAYMENT AMOUNTS AND REVENUE DISTRIBUTIONS OF

                    LOTTERY GAME SALES, AND USE OF UNCLAIMED PRIZE FUNDS (SUBPART D)(PART

                    DD); TO AMEND THE TAX LAW, IN RELATION TO COMMISSIONS PAID TO THE

                    OPERATOR OF A VIDEO LOTTERY FACILITY; TO REPEAL CERTAIN PROVISIONS OF SUCH

                    LAW RELATING THERETO; AND PROVIDING FOR THE REPEAL OF CERTAIN PROVISIONS

                    UPON EXPIRATION THEREOF (PART EE); TO AMEND THE RACING, PARI-MUTUEL

                    WAGERING AND BREEDING LAW, IN RELATION TO THE DEDUCTIBILITY OF

                    PROMOTIONAL CREDITS (PART FF); TO AMEND THE RACING, PARI-MUTUEL

                    WAGERING AND BREEDING LAW, IN RELATION TO THE OPERATIONS OF OFF-TRACK

                    BETTING CORPORATIONS (PART GG); 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-STATE 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 HH);

                    INTENTIONALLY OMITTED (PART II); TO AMEND PART EE OF CHAPTER 59 OF THE

                    LAWS OF 2018, AMENDING THE RACING, PARI-MUTUEL WAGERING AND

                    BREEDING LAW, RELATING TO ADJUSTING THE FRANCHISE PAYMENT ESTABLISHING

                    AN ADVISORY COMMITTEE TO REVIEW THE STRUCTURE, OPERATIONS AND FUNDING

                                         303



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    OF EQUINE DRUG TESTING AND RESEARCH, IN RELATION TO THE DATE OF DELIVERY

                    FOR RECOMMENDATIONS; AND TO AMEND THE RACING, PARI-MUTUEL WAGERING

                    AND BREEDING LAW, IN RELATION TO THE ADVISORY COMMITTEE ON EQUINE

                    DRUG TESTING, AND EQUINE LAB TESTING PROVIDER RESTRICTIONS REMOVAL (PART

                    JJ); INTENTIONALLY OMITTED (PART KK); TO AMEND THE REAL PROPERTY TAX

                    LAW AND THE TAX LAW, IN RELATION TO THE DETERMINATION OF STAR TAX

                    SAVINGS (PART LL); TO AMEND THE TAX LAW, IN RELATION TO COOPERATIVE

                    HOUSING CORPORATION INFORMATION RETURNS (PART MM); TO AMEND THE TAX

                    LAW, IN RELATION TO MAKING A TECHNICAL CORRECTION TO THE ENHANCED REAL

                    PROPERTY TAX CIRCUIT BREAKER CREDIT (PART NN); TO AMEND THE REAL

                    PROPERTY LAW AND THE TAX LAW, IN RELATION TO MOBILE HOME REPORTING

                    REQUIREMENTS (PART OO); TO AMEND THE REAL PROPERTY TAX LAW AND THE

                    TAX LAW, IN RELATION TO ELIGIBILITY FOR STAR EXEMPTIONS AND CREDITS

                    (PART PP); TO AMEND THE REAL PROPERTY TAX LAW AND THE TAX LAW, IN

                    RELATION TO AUTHORIZING THE DISCLOSURE OF CERTAIN INFORMATION TO

                    ASSESSORS (PART QQ); TO AMEND THE REAL PROPERTY TAX LAW AND THE TAX

                    LAW, IN RELATION TO THE INCOME LIMITS FOR STAR BENEFITS (PART RR); TO

                    AMEND THE REAL PROPERTY TAX LAW, IN RELATION TO CLARIFYING CERTAIN

                    NOTICES ON SCHOOL TAX BILLS (PART SS); TO AMEND THE REAL PROPERTY TAX

                    LAW AND THE TAX LAW, IN RELATION TO MAKING THE STAR PROGRAM MORE

                    ACCESSIBLE TO TAXPAYERS (PART TT); TO AMEND THE TAX LAW, IN RELATION TO

                    IMPOSING A SUPPLEMENTAL TAX ON VAPOR PRODUCTS; AND TO AMEND THE

                    STATE FINANCE LAW, IN RELATION TO ADDING REVENUES FROM THE

                    SUPPLEMENTAL TAX ON VAPOR PRODUCTS TO THE HEALTH CARE REFORM ACT

                    RESOURCE FUND (PART UU); INTENTIONALLY OMITTED (PART VV); TO AMEND

                                         304



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    THE TAX LAW, IN RELATION TO IMPOSING A SPECIAL TAX ON PASSENGER CAR

                    RENTALS OUTSIDE OF THE METROPOLITAN COMMUTER TRANSPORTATION DISTRICT

                    (PART WW); TO AMEND THE TAX LAW, IN RELATION TO IMPOSING A TAX ON

                    OPIOIDS; AND TO AMEND PART NN OF CHAPTER 57 OF THE LAWS OF 2018,

                    AMENDING THE PUBLIC HEALTH LAW AND THE STATE FINANCE LAW, RELATING

                    TO ENACTING THE OPIOID STEWARDSHIP ACT, IN RELATION TO THE APPLICABILITY

                    THEREOF (PART XX); TO AMEND THE TAX LAW, IN RELATION TO THE EMPLOYER

                    COMPENSATION EXPENSE TAX (PART YY); TO AMEND THE RACING,

                    PARI-MUTUEL WAGERING AND BREEDING LAW, IN RELATION TO THE NEW YORK

                    JOCKEY INJURY COMPENSATION FUND, INC. (PART ZZ); TO AMEND THE TAX

                    LAW, IN RELATION TO THE EMPIRE STATE COMMERCIAL PRODUCTION CREDIT

                    (PART AAA); TO AMEND THE TAX LAW AND THE ADMINISTRATIVE CODE OF

                    THE CITY OF NEW YORK, IN RELATION TO THE TAXATION OF ESTATES AND TRUSTS

                    (PART BBB); TO AMEND THE TAX LAW, IN RELATION TO EXEMPTING ITEMS OF

                    FOOD AND DRINK WHEN SOLD FROM CERTAIN VENDING MACHINES FROM THE

                    SALES AND COMPENSATING USE TAX (PART CCC); TO AMEND THE TAX LAW, IN

                    RELATION TO REQUIRED DISCLOSURE ON A BILL, MEMORANDUM, RECEIPT OR OTHER

                    STATEMENT OF PRICE (PART DDD); TO AMEND THE TAX LAW, IN RELATION TO

                    THE ENFORCEMENT OF DELINQUENT TAX LIABILITIES BY MEANS OF THE

                    SUSPENSION OF LICENSES TO OPERATE A MOTOR VEHICLE (PART EEE); TO AMEND

                    THE TAX LAW, IN RELATION TO EXEMPTING TANGIBLE PERSONAL PROPERTY THAT

                    BECOMES A COMPONENT PART OF A MONUMENT (PART FFF); TO AMEND

                    SUBPART K OF PART II OF A CHAPTER OF THE LAWS OF 2019 AMENDING THE

                    PUBLIC OFFICERS LAW RELATING TO PROHIBITING DISCLOSURE OF LAW

                    ENFORCEMENT BOOKING INFORMATION AND PHOTOGRAPHS, AS PROPOSED IN

                                         305



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    LEGISLATIVE BILL NUMBERS S.1505-C AND A.2005-C, IN RELATION TO

                    BOOKING PHOTOGRAPHS; AND TO AMEND THE PUBLIC OFFICERS LAW, IN

                    RELATION TO THE ARREST OR BOOKING PHOTOGRAPHS OF AN INDIVIDUAL (PART

                    GGG); TO AMEND PART TT OF A CHAPTER OF THE LAWS OF 2019 RELATING TO

                    THE CLOSURE OF CORRECTIONAL FACILITIES, AS PROPOSED IN LEGISLATIVE BILL

                    NUMBERS S.1505-C AND A.2005-C, IN RELATION TO INCREASING THE NUMBER

                    OF CORRECTIONAL FACILITIES WHICH MAY BE CLOSED (PART HHH); TO AMEND

                    THE TRANSPORTATION LAW, THE VEHICLE AND TRAFFIC LAW AND THE

                    INSURANCE LAW, IN RELATION TO LIMOUSINE SAFETY (PART III); TO AMEND THE

                    CRIMINAL PROCEDURE LAW, IN RELATION TO THE ISSUANCE OF SECURING ORDERS

                    AND IN RELATION TO MAKING CONFORMING CHANGES; AND TO REPEAL CERTAIN

                    PROVISIONS OF SUCH LAW RELATING THERETO (PART JJJ); TO AMEND THE

                    CRIMINAL PROCEDURE LAW, IN RELATION TO TIME LIMITS FOR A SPEEDY TRIAL

                    (PART KKK); TO AMEND THE CRIMINAL PROCEDURE LAW AND THE PENAL

                    LAW, IN RELATION TO ESTABLISHING NEW CRIMINAL DISCOVERY RULES; AND TO

                    REPEAL ARTICLE 240 OF THE CRIMINAL PROCEDURE LAW RELATING THERETO

                    (PART LLL); TO AMEND THE PENAL LAW, IN RELATION TO CERTAIN

                    RESENTENCING BY OPERATION OF LAW; AND TO AMEND THE CRIMINAL

                    PROCEDURE LAW, IN RELATION TO GROUNDS TO VACATE JUDGMENT (PART

                    MMM); TO AMEND CHAPTER 97 OF THE LAWS OF 2011, AMENDING THE

                    GENERAL MUNICIPAL LAW AND THE EDUCATION LAW RELATING TO

                    ESTABLISHING LIMITS UPON SCHOOL DISTRICT AND LOCAL GOVERNMENT TAX

                    LEVIES, IN RELATION TO MAKING THE TAX CAP PERMANENT (PART NNN); TO

                    AMEND THE TAX LAW, IN RELATION TO AMENDING THE REAL ESTATE TRANSFER TAX

                    (PART OOO); TO AMEND THE STATE FINANCE LAW AND THE TAX LAW, IN

                                         306



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    RELATION TO BASE LEVEL GRANTS FOR PER CAPITA STATE AID FOR THE SUPPORT OF

                    LOCAL GOVERNMENT (PART PPP); TO AMEND PART KK OF A CHAPTER OF THE

                    LAWS OF 2019 DIRECTING THE DEPARTMENT OF HEALTH TO CONDUCT A STUDY

                    RELATING TO STAFFING ENHANCEMENT AND PATIENT SAFETY, AS PROPOSED IN

                    LEGISLATIVE BILL NUMBERS S.1507-C AND A.2007-C, IN RELATION TO MAKING

                    A TECHNICAL AMENDMENT (PART QQQ); TO AMEND THE HIGHWAY LAW AND

                    THE TRANSPORTATION CORPORATIONS LAW, IN RELATION TO GRANTING THE

                    COMMISSIONER OF TRANSPORTATION AUTHORITY TO ENTER INTO AGREEMENTS

                    WITH FIBER OPTIC UTILITIES FOR USE AND OCCUPANCY OF THE STATE RIGHT OF

                    WAY; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION

                    THEREOF (PART RRR); TO AMEND THE TAX LAW, IN RELATION TO EXTENDING THE

                    EMPIRE STATE FILM PRODUCTION CREDIT AND EMPIRE STATE FILM POST

                    PRODUCTION CREDIT FOR TWO YEARS (PART SSS); TO PROVIDE FOR THE

                    ADMINISTRATION OF CERTAIN FUNDS AND ACCOUNTS RELATED TO THE 2019-20

                    BUDGET, AUTHORIZING CERTAIN PAYMENTS AND TRANSFERS; TO AMEND THE NEW

                    YORK STATE URBAN DEVELOPMENT CORPORATION ACT, IN RELATION TO THE

                    ISSUANCE OF CERTAIN BONDS OR NOTES; TO AMEND PART D OF 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 CERTAIN BONDS OR NOTES; TO AMEND

                    THE PRIVATE HOUSING FINANCE LAW, IN RELATION TO THE ISSUANCE OF BONDS

                    OR 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 CERTAIN BONDS OR NOTES; TO AMEND THE PUBLIC AUTHORITIES LAW, IN

                                         307



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    RELATION TO THE ISSUANCE OF CERTAIN BONDS OR NOTES; TO AMEND PART Y OF

                    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 THE ISSUANCE OF CERTAIN BONDS OR NOTES; TO AMEND

                    PART X OF 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 THE

                    ISSUANCE OF SUCH BONDS OR NOTES; TO AMEND PART K OF 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 THE

                    ISSUANCE OF CERTAIN BONDS OR NOTES; TO AMEND PART D OF 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 CERTAIN BONDS OR NOTES; TO AMEND

                    THE NEW YORK STATE MEDICAL CARE FACILITIES FINANCE AGENCY ACT, IN

                    RELATION TO THE ISSUANCE OF CERTAIN BONDS OR NOTES; TO AMEND THE NEW

                    YORK STATE URBAN DEVELOPMENT CORPORATIONS ACT, IN RELATION TO THE

                    ISSUANCE OF CERTAIN BONDS OR NOTES; TO AMEND THE FACILITIES

                    DEVELOPMENT CORPORATION ACT, IN RELATION TO THE MENTAL HYGIENE

                    FACILITIES IMPROVEMENT FUND INCOME ACCOUNT; AND TO AMEND THE STATE

                    FINANCE LAW, IN RELATION TO MENTAL HEALTH SERVICES FUND; AND

                    PROVIDING FOR THE REPEAL OF CERTAIN PROVISIONS UPON EXPIRATION THEREOF

                    (PART TTT); TO AMEND PART II OF A CHAPTER OF THE LAWS OF 2019

                    AMENDING CHAPTER 141 OF THE LAWS OF 1994 AMENDING THE LEGISLATIVE

                    LAW AND THE STATE FINANCE LAW RELATING TO THE OPERATION AND

                                         308



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    ADMINISTRATION OF THE LEGISLATURE RELATING TO EXTENDING SUCH PROVISIONS,

                    AS PROPOSED IN LEGISLATIVE BILL NUMBERS S.1507-C AND A.2007-C, IN

                    RELATION TO THE FINDINGS AND DETERMINATIONS MADE BY THE COMPENSATION

                    COMMITTEE (PART UUU); TO AMEND PART E OF CHAPTER 60 OF THE LAWS OF

                    2015, ESTABLISHING A COMMISSION ON LEGISLATIVE, JUDICIAL AND

                    EXECUTIVE COMPENSATION, AND PROVIDING FOR THE POWERS AND DUTIES OF

                    THE COMMISSION AND FOR THE DISSOLUTION OF THE COMMISSION, IN RELATION

                    TO THE POWERS OF THE MEMBERS OF THE COMMISSION (PART VVV); TO

                    AMEND THE INFRASTRUCTURE INVESTMENT ACT, IN RELATION TO EXTENDING THE

                    EFFECTIVENESS THEREOF; AND TO AMEND THE TRANSFORMATIONAL ECONOMIC

                    DEVELOPMENT INFRASTRUCTURE AND REVITALIZATION PROJECTS ACT, IN RELATION

                    TO EXTENDING THE EFFECTIVENESS THEREOF (PART WWW); CREATING A PUBLIC

                    CAMPAIGN FINANCING AND ELECTION COMMISSION (PART XXX); 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 A STATEMENT OF THE TOTAL FUNDING ALLOCATION; TO AMEND THE

                    EDUCATION LAW, IN RELATION TO UNIVERSAL PRE-KINDERGARTEN AID; TO

                    AMEND THE EDUCATION LAW, IN RELATION TO MONEYS APPORTIONED FOR

                    BOARDS OF COOPERATIVE EDUCATIONAL SERVICES AIDABLE EXPENDITURES; TO

                    AMEND THE EDUCATION LAW, IN RELATION TO SUPPLEMENTAL PUBLIC EXCESS

                    COST 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 THE STATEWIDE

                    UNIVERSAL FULL-DAY PRE-KINDERGARTEN PROGRAM; TO AMEND THE EDUCATION

                    LAW, IN RELATION TO THE TEACHERS OF TOMORROW TEACHER RECRUITMENT AND

                                         309



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    RETENTION PROGRAM; TO AMEND THE EDUCATION LAW, IN RELATION TO CLASS

                    SIZES FOR SPECIAL CLASSES CONTAINING CERTAIN STUDENTS WITH DISABILITIES; TO

                    AMEND THE EDUCATION LAW, IN RELATION TO WAIVERS FROM DUTIES; TO

                    AMEND THE EDUCATION LAW, IN RELATION TO ANNUAL TEACHER AND PRINCIPAL

                    EVALUATIONS; TO AMEND THE EDUCATION LAW, IN RELATION TO THE EDUCATION

                    OF HOMELESS CHILDREN; 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 EFFECTIVENESS THEREOF; TO AMEND THE EDUCATION LAW, IN

                    RELATION TO THE SUSPENSION OF PUPILS; TO AMEND THE EDUCATION LAW, IN

                    RELATION TO SCHOOL SAFETY PLANS; TO AMEND CHAPTER 756 OF THE LAWS OF

                    1992, RELATING TO FUNDING A PROGRAM FOR WORK FORCE EDUCATION

                    CONDUCTED BY THE CONSORTIUM FOR WORKER EDUCATION IN NEW YORK CITY,

                    IN RELATION TO REIMBURSEMENTS FOR THE 2019-2020 SCHOOL YEAR; TO AMEND

                    CHAPTER 756 OF THE LAWS OF 1992, RELATING TO FUNDING A PROGRAM FOR

                    WORK FORCE 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 EDUCATION PREPARATION PROGRAMS; TO AMEND CHAPTER 82 OF

                    THE LAWS OF 1995, AMENDING THE EDUCATION LAW AND 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 147 OF THE LAWS OF 2001, AMENDING THE EDUCATION

                    LAW RELATING TO CONDITIONAL APPOINTMENT OF SCHOOL DISTRICT, CHARTER

                                         310



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    SCHOOL OR BOCES EMPLOYEES, IN RELATION TO THE EFFECTIVENESS THEREOF;

                    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 91 OF THE LAWS OF 2002, AMENDING THE EDUCATION

                    LAW AND OTHER LAWS RELATING TO REORGANIZATION OF THE NEW YORK CITY

                    SCHOOL CONSTRUCTION AUTHORITY, BOARD OF EDUCATION AND COMMUNITY

                    BOARDS, IN RELATION TO THE EFFECTIVENESS THEREOF; TO AMEND CHAPTER 345

                    OF THE LAWS OF 2009, AMENDING THE EDUCATION LAW AND OTHER LAWS

                    RELATING TO THE NEW YORK CITY BOARD OF EDUCATION, CHANCELLOR,

                    COMMUNITY COUNCILS, AND COMMUNITY SUPERINTENDENTS, IN RELATION TO

                    THE EFFECTIVENESS THEREOF; TO AMEND THE EDUCATION LAW, IN RELATION TO

                    PROVIDING COMMUNITY COUNCILS WITH AN OPPORTUNITY TO MEET

                    CANDIDATES FOR COMMUNITY SUPERINTENDENT, TO THE REMOVAL OF MEMBERS

                    OF THE BOARD OF EDUCATION OF THE CITY OF NEW YORK, TO ESTABLISHING A

                    TASK FORCE ON COMMUNITY DISTRICT EDUCATION COUNCILS, TO THE

                    QUALIFICATIONS OF THE CHANCELLOR, AND TO PROPOSALS FOR SCHOOL CLOSINGS

                    OR SIGNIFICANT CHANGES IN UTILIZATION; TO AMEND CHAPTER 472 OF THE

                    LAWS OF 1998, AMENDING THE EDUCATION LAW RELATING TO THE LEASE OF

                    SCHOOL BUSES BY SCHOOL DISTRICTS, IN RELATION TO THE EFFECTIVENESS

                    THEREOF; TO AMEND CHAPTER 552 OF THE LAWS OF 1995, AMENDING THE

                                         311



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    EDUCATION LAW RELATING TO CONTRACTS FOR THE TRANSPORTATION OF SCHOOL

                    CHILDREN, IN RELATION TO THE EFFECTIVENESS THEREOF; TO AMEND CHAPTER 97

                    OF THE LAWS OF 2011, AMENDING THE EDUCATION LAW RELATING TO CENSUS

                    REPORTING, 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; IN RELATION TO

                    SCHOOL BUS DRIVER TRAINING; IN RELATION TO SPECIAL APPORTIONMENT FOR

                    SALARY EXPENSES AND PUBLIC PENSION ACCRUALS; IN RELATION TO THE CITY

                    SCHOOL DISTRICT OF THE CITY OF ROCHESTER; IN RELATION TO TOTAL FOUNDATION

                    AID FOR THE PURPOSE OF THE DEVELOPMENT, MAINTENANCE OR EXPANSION OF

                    CERTAIN MAGNET SCHOOLS OR MAGNET SCHOOL PROGRAMS FOR THE 2019-2020

                    SCHOOL YEAR; IN RELATION 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; TO AMEND THE EDUCATION

                    LAW, IN RELATION TO REQUIRING SCHOOL DISTRICTS TO CONDUCT BUILDING

                    SURVEYS EVERY FIVE YEARS; TO AMEND THE EDUCATION LAW, IN RELATION TO

                    ADDITIONAL APPORTIONMENT OF BUILDING AID FOR BUILDING CONDITION

                    SURVEYS OF SCHOOL BUILDINGS; TO AMEND THE EDUCATION LAW, IN RELATION

                    TO BUILDING AID FOR TESTING AND FILTERING OF POTABLE WATER SYSTEMS FOR

                    LEAD CONTAMINATION; TO AMEND THE EDUCATION LAW, IN RELATION TO

                    INSPECTIONS OF PUBLIC SCHOOL BUILDINGS; TO AMEND THE GENERAL

                    MUNICIPAL LAW, IN RELATION TO RETIREMENT CONTRIBUTION RESERVE FUNDS; TO

                    REPEAL SUBPARAGRAPHS 2 AND 3 OF PARAGRAPH A OF SUBDIVISION 1 OF

                                         312



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    SECTION 3609-A OF THE EDUCATION LAW, RELATING TO LOTTERY

                    APPORTIONMENT AND LOTTERY TEXTBOOK APPORTIONMENT AND TO REPEAL A

                    CHAPTER OF THE LAWS OF 2019 AMENDING THE EDUCATION LAW RELATING TO

                    STATE ASSESSMENTS AND TEACHER EVALUATIONS, AS PROPOSED IN LEGISLATIVE

                    BILLS NUMBERS S. 1262 AND A. 783 (PART YYY); TO AMEND THE VEHICLE

                    AND TRAFFIC LAW AND THE PUBLIC AUTHORITIES LAW, IN RELATION TO

                    ESTABLISHING A CENTRAL BUSINESS DISTRICT TOLLING PROGRAM IN THE CITY OF

                    NEW YORK; AND TO AMEND THE PUBLIC OFFICERS LAW, IN RELATION TO

                    CONFIDENTIALITY OF CERTAIN PUBLIC RECORDS (SUBPART A); TO AMEND THE

                    PUBLIC AUTHORITIES LAW, IN RELATION TO ALLOWING THE ASSIGNMENT,

                    TRANSFER, SHARING OR CONSOLIDATING OF POWERS, FUNCTIONS OR ACTIVITIES OF

                    THE METROPOLITAN TRANSPORTATION AUTHORITY; ESTABLISHES AN INDEPENDENT

                    FORENSIC AUDIT AND THE MAJOR CONSTRUCTION REVIEW UNIT (SUBPART B);

                    TO AMEND THE PUBLIC AUTHORITIES LAW, IN RELATION TO VARIOUS

                    PROCUREMENT PROCESSES OF THE METROPOLITAN TRANSPORTATION AUTHORITY

                    (SUBPART C); TO AMEND THE PUBLIC AUTHORITIES LAW, IN RELATION TO

                    METROPOLITAN TRANSPORTATION AUTHORITY TRANSIT PERFORMANCE METRICS

                    (SUBPART D); TO AMEND THE PUBLIC AUTHORITIES LAW, IN RELATION TO THE

                    SUBMISSION OF A TWENTY-YEAR CAPITAL NEEDS ASSESSMENT (SUBPART E); AND

                    TO AMEND THE TAX LAW, IN RELATION TO A CENTRAL BUSINESS DISTRICT TOLL

                    CREDIT (SUBPART F) (PART ZZZ); AND TO AMEND THE PUBLIC AUTHORITIES

                    LAW, IN RELATION TO VOTING BY MEMBERS OF THE NEW YORK STATE

                    AUTHORITIES CONTROL BOARD (PART AAAA).

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MS.

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

                                         313



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    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:  AN EXPLANATION IS

                    REQUESTED.

                                 ONE MINUTE.  WE HAVE AN AMENDMENT AT THE DESK.

                    MS. MALLIOTAKIS TO BRIEFLY EXPLAIN THE AMENDMENT WHILE THE CHAIR

                    EXAMINES IT.

                                 MS. MALLIOTAKIS:  THANK YOU, MR. SPEAKER.  I

                    OFFER THE FOLLOWING AMENDMENT, WAIVE ITS READING AND MOVE FOR ITS

                    IMMEDIATE ADOPTION AND ASK FOR THE OPPORTUNITY TO EXPLAIN IT.

                                 ACTING SPEAKER AUBRY:  PROCEED.

                                 MS. MALLIOTAKIS:  THIS AMENDMENT WOULD MAKE

                    AN ADDITION TO THE EXISTING LANGUAGE IN THE BUDGET BILL.  AS YOU KNOW,

                    GOVERNOR CUOMO HAD SAID IF THERE WAS NO PROPERTY TAX PERMANENT

                    EXTENSION, HE WOULD MAKE NO DEAL.  AND WHAT WE DID SEE IS THAT THE

                    PROPERTY TAX CAP WAS EXTENDED; HOWEVER, NEW YORK CITY WAS LEFT OUT

                    OF IT.  SO WHILE OTHER MUNICIPALITIES AROUND THE STATE ARE GOING TO BE

                    PROTECTED WITH A 2 PERCENT PROPERTY TAX CAP, NEW YORK CITY,

                    UNFORTUNATELY, WILL BE EXCLUDED AND THIS IS PROBLEMATIC BECAUSE NEW

                    YORK CITY HAS SEEN A 44 PERCENT INCREASE IN THE PROPERTY TAX LEVY OVER

                    THE LAST FIVE YEARS.  IT IS AFFECTING HOMEOWNERS, IT IS AFFECTING RENTERS

                    ALIKE.  MANY OF YOU KNOW, IF YOU'RE FROM NEW YORK CITY, YOU VISIT

                    NEW YORK CITY, THERE ARE MANY EMPTY STOREFRONTS.  BUSINESSES ARE

                    CLOSING.  WE ARE SEEING AN ISSUE WITH LOW- AND MIDDLE-INCOME

                                         314



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    COMMUNITIES SEEING A SHARP INCREASE IN THE PROPERTY TAXES, AND WE ALSO

                    HAVE A DISPARITY.  WE DO HAVE CURRENTLY A PROPERTY TAX COMMISSION THAT

                    IS EXAMINING THE DISPARITY PORTION OF WHY LOWER- AND MIDDLE-INCOME

                    COMMUNITIES IN OUR CITY ARE PAYING TRIPLE THE EFFECTIVE TAX RATE THAT

                    MORE AFFLUENT AND EXPENSIVE NEIGHBORHOODS IN NEW YORK CITY PAY.

                    BUT IN THE MEANTIME, WE'RE STILL SEEING THE PROPERTY TAX LEVY GO UP

                    EVERY SINGLE YEAR, 6, 7, 8 PERCENT.

                                 SO, THE LEAST WE SHOULD BE DOING IS PROVIDING A CAP, OR

                    WE SHOULD BE REALLY PROVIDING A FREEZE DURING THE TIME THAT THE

                    PROPERTY TAX COMMISSION IS EXAMINING THE DISPARITY ISSUE, BUT WHAT I'M

                    PUTTING FORWARD TODAY WOULD PROVIDE A 2 PERCENT CAP SO WE ARE TREATED

                    AND PROTECTED LIKE NEARLY EVERY OTHER MUNICIPALITY IN THE STATE.  AGAIN,

                    THIS IS SOMETHING THAT AFFECTS RENTERS AND HOMEOWNERS, EVERYONE ACROSS

                    THE CITY OF NEW YORK IS TALKING ABOUT HOW UNAFFORDABLE NEW YORK

                    CITY HAS BECOME, PROPERTY TAXES ARE PROBABLY THE NUMBER ONE

                    CONTRIBUTING FACTOR TO THAT.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  THE CHAIR HAS

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

                    HOUSE.

                                 ON THE AMENDMENT, 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 AMENDMENT IS DEFEATED.

                                 ON THE -- OH, EXCUSE ME.  WE HAVE ANOTHER

                                         315



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    AMENDMENT AT THE DESK.  THERE'S AN AMENDMENT AT THE DESK BY MR.

                    DANIEL STEC WHO WILL BRIEFLY EXPLAIN THE AMENDMENT WHILE THE CHAIR

                    EXAMINES IT.

                                 MR. STEC:  THANK YOU, MR. SPEAKER.  I OFFER THE

                    FOLLOWING AMENDMENT, WAIVE ITS READING AND MOVE FOR ITS IMMEDIATE

                    ADOPTION AND ASK FOR AN OPPORTUNITY TO EXPLAIN IT.

                                 ACTING SPEAKER AUBRY:  PROCEED.

                                 MR. STEC:  THANK YOU, MR. SPEAKER.  THIS

                    AMENDMENT WOULD STRIKE LANGUAGE AND ADD LANGUAGE TO THE

                    BILL-IN-CHIEF TO FULLY RESTORE THE CUT TO AID AND INCENTIVES TO

                    MUNICIPALITIES TO LAST YEAR'S LEVEL OF FUNDING METHOD.

                                 ACTING SPEAKER AUBRY:  THE CHAIR HAS

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

                    HOUSE.

                                 MR. STEC:  THANK YOU, MR. SPEAKER, TO FURTHER

                    EXPLAIN THE AMENDMENT.

                                 OVER 20 YEARS AGO, REVENUE SHARING PROGRAM WAS

                    CREATED WHICH PROVIDED UNRESTRICTED AID TO MUNICIPALITIES THROUGHOUT

                    THE STATE.  SINCE THE 1989-1990 BUDGET, REVENUE SHARING WAS PROVIDED

                    AS A FLAT GRANT BASED ON POVERTY FACTORS WHICH INCLUDED RELIANCE ON

                    UNRESTRICTED AID, PROPERTY WEALTH AND INCOME WEALTH.  IN THE 2005-'06

                    STATE BUDGET, THE AID AND INCENTIVES FOR MUNICIPALITIES PROGRAM WAS

                    CREATED.  THIS PROGRAM CONSOLIDATED ALL THE UNRESTRICTED MUNICIPAL AID

                    PROGRAMS INTO ONE FLAT GRANT PROGRAM.  FOR CITIES, TOWNS AND VILLAGES,

                    AIM HAS SEEN NO GROWTH SINCE 2012.  MUNICIPALITIES RELY ON THIS

                                         316



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    ANNUAL STATE ASSISTANCE TO CARRY OUT DAY-TO-DAY OPERATIONS, TO FUND

                    EMPLOYEE'S SALARIES, SNOW REMOVAL, VOTING, NATURAL DISASTER RELIEF,

                    AMONG COUNTLESS OTHER LOCAL EXPENSES.

                                 AS SOME LOCAL BUDGET NEGOTIATIONS ARE UNDERWAY,

                    LOCAL OFFICIALS ARE LEFT WITH LITTLE CHOICE BUT TO DETERMINE HOW THEIR

                    ALREADY OVER-TAXED RESIDENTS WILL FRONT THE BILL FOR THIS LOSS IN STATE

                    ASSISTANCE.  AND IN TODAY'S TAX CAP ENVIRONMENT, TAKING AWAY THIS AID

                    AND THEN SUGGESTING THAT THE SOLUTION TO THIS PROBLEM IS TO TAKE SALES

                    TAX MONEY FROM THE COUNTIES TO MAKE THESE TOWNS AND VILLAGES WHOLE

                    IS TO LITERALLY TAKE MONEY FROM ONE POCKET OF THE TAXPAYER AND PUT IT IN

                    THE OTHER POCKET OF THE SAME TAXPAYER.  IT'S NOT RIGHT.  WE SHOULD

                    RESTORE THIS FUNDING THE WAY IT'S BEEN DONE FOR THE PAST MANY YEARS.

                    THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. RA ON THE

                    AMENDMENT.

                                 MR. RA:  THANK YOU, MR. SPEAKER, JUST ON THE

                    AMENDMENT.  THIS, YOU KNOW, THIS BUDGET WE'RE -- WE'RE TALKING ABOUT,

                    YOU KNOW, A LOT OF DIFFERENT TAXES AND THINGS OF THAT NATURE, AND OUR

                    TOWNS AND VILLAGES ALL OVER THE STATE, BUT CERTAINLY FOR MYSELF ON LONG

                    ISLAND, LONG ISLAND'S LOSING ABOUT $15 MILLION IN AIM FUNDING.

                    TOWNS AND VILLAGES THAT I REPRESENT, PORTIONS OF -- ALONE ARE BASICALLY

                    $8 MILLION.  AND TO SAY WE'RE RESTORING IT BY BASICALLY TAKING MONEY

                    FROM OUR LOCAL COUNTIES REALLY DOESN'T MAKE ANY SENSE.  AND IF YOU GO

                    BACK TO THE REASON FOR -- SUPPOSEDLY FOR DOING THESE CUTS, IT MADE UP

                    LESS THAN A 2 PERCENT PORTION OF -- OF THE LOCAL VILLAGE GOVERNMENTS.

                                         317



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    WELL, PART OF THAT IS THAT THIS FUNDING HAS BEEN FLAT FOR MANY YEARS.  SO,

                    IT BECAME A SMALLER AND SMALLER PORTION OF THE LOCAL GOVERNMENT'S

                    FUNDING, AND NOW WE'RE USING THAT AS A JUSTIFICATION TO -- TO TAKE IT

                    AWAY.

                                 SO, AT THE END OF THE DAY, IT ENDS UP BEING POTENTIALLY

                    A CASH FLOW PROBLEM FOR THOSE TOWNS AND VILLAGES THAT ARE LOSING THE

                    AIM FUNDING, AND ESSENTIALLY A MANDATE, A NEW UNFUNDED MANDATE ON

                    OUR COUNTIES.  SO, I WOULD URGE THOSE TO SUPPORT THIS -- THIS

                    AMENDMENT.  THANK YOU.

                                 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 AMENDMENT IS DEFEATED.

                                 ON THE BILL.

                                 AN EXPLANATION WAS REQUESTED.

                                 MS. WEINSTEIN.

                                 MS. WEINSTEIN:  BRIEFLY, THIS BILL, COMMONLY

                    REFERRED TO AS THE REVENUE BILL, ENACTS INTO LAW MAJOR COMPONENTS OF

                    LEGISLATION WHICH ARE NECESSARY TO IMPLEMENT THE STATE FISCAL PLAN FOR

                    THE 2019-2020 STATE FISCAL YEAR.  IT ALSO INCLUDES A NUMBER OF

                    PROPOSALS.  I CAN JUST RUN THROUGH A COUPLE OF THE HIGHLIGHTS IN THIS BILL.

                                 WE REQUIRE -- REQUIRE SALES TAX TO BE COLLECTED FROM

                    MARKETPLACE PROVIDERS AND ESTABLISHES CERTAIN DISTRIBUTION

                                         318



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    REQUIREMENTS.  WE DISCONTINUED THE ENERGY SERVICE, ESCO, SALES TAX

                    EXEMPTION.  WE EXTEND THE CURRENT PERSONAL INCOME TAX RATES AND

                    CHARITABLE DONATION LIMITS FOR FIVE YEARS.  WE EXPAND THE CURRENT

                    HISTORIC REHABILITATION CREDIT; MAKE VARIOUS CHANGES TO REAL PROPERTY TAX

                    AND STAR PROGRAM ADMINISTRATION; MAKE VARIOUS CHANGES TO GAMING

                    PROVISIONS, INCLUDING LOTTERY, CASINO, OTB AND VLTS.  WE ELIMINATE

                    THE ANNUAL GROWTH IN STAR EXEMPTION BENEFITS AND MAINTAIN THE

                    GROWTH RATE IN THE STAR CREDIT PROGRAM.  WE LOWER THE BASIC STAR

                    EXEMPTION PROGRAM INCOME LIMIT TO $250,000 FROM $500,000.  WE

                    IMPOSE A 20 PERCENT TAX ON VAPOR PRODUCTS; EXPAND THE SUPPLEMENTAL

                    AUTO RENTAL SURCHARGE -- SURCHARGE THAT THE GOVERNOR HAD IN HIS BUDGET.

                    WE ESTABLISH AN EXCISE TAX ON OPIOIDS; EXTEND THE FILM PRODUCTION

                    CREDIT AND MODIFY THE COMMERCIAL PRODUCTION CREDIT.  WE LIMIT

                    DISCLOSURE OF BOOKING INFORMATION; MAKE CHANGES TO IMPROVE

                    LIMOUSINE SAFETY; MODIFY AND LIMIT THE CASH BAIL SYSTEM; IMPLEMENT

                    SPEEDY TRIAL REFORMS; REFORM OF THE CRIMINAL JUSTICE PROCESS AND

                    IMPLEMENT A FUNDING SYSTEM FOR -- WE HAVE REFORMS OF THE MTA AND

                    THE FUNDING SYSTEM FOR THE MTA.

                                 BE HAPPY TO RESPOND TO SPECIFIC QUESTIONS ON ANY OF

                    THESE TOPICS --

                                 ACTING SPEAKER AUBRY:  MR. BARCLAY.

                                 MS. WEINSTEIN:  -- AND OTHERS.

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

                    THANK YOU, MADAM CHAIRWOMAN, FOR YIELDING.  I ASSUME YOU'LL YIELD?

                                 MS. WEINSTEIN:  YES, OF COURSE.

                                         319



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MR. BARCLAY:  THANK YOU.  I HAVE SOME SPECIFIC

                    QUESTIONS ON A NUMBER OF PIECES OF THE BILL, BUT AS WE TALKED ABOUT IN

                    WAYS AND MEANS, I WANTED TO GIVE THE BODY A FULL UNDERSTANDING OF

                    THE REVENUE RAISES THAT YOU HAVE POSED IN THIS BILL.  AND I WAS A LITTLE

                    CONFUSED IN WAYS AND MEANS, AND I DIDN'T FOLLOW UP, BUT I WANT TO

                    FOLLOW UP.  IF YOU CAN TELL ME, HOW MUCH DOES THIS BILL RAISE TAXES THIS

                    YEAR?

                                 MS. WEINSTEIN:  SO FROM BASELINE PROJECTIONS, THE

                    BUDGET REFLECTS AN INCREASE OF $919 MILLION IN 2019-2020, AND THAT

                    WOULD BECOME $4 BILLION IN 2020-'21.  THE MAJORITY OF THE INCREASE IS

                    NOT THE RESULT OF TAX INCREASES, BUT RATHER THE EXTENSION OF THE HIGH

                    INCOME -- PERSONAL INCOME TAX OF 8.82 SURCHARGE, THAT'S $771 MILLION IN

                    2019 AND $3.6 BILLION IN 2020.  THE OTHER -- THE MAJORITY OF THE

                    REMAINING INCREASES RELATED TO SALES TAX CONFORMITY PROPOSALS.

                                 WHAT WE DIDN'T -- WHAT WE DIDN'T MENTION IN WAYS

                    AND MEANS ARE THE INCREASES THAT THE NEW TAXES THAT ARE GOING DIRECTLY

                    TO THE MTA AND ARE NOT ON BUDGET, SO WHY DON'T I JUST --

                                 MR. BARCLAY:  APPRECIATE THAT, BECAUSE THAT'S

                    WHERE MY NUMBERS DIDN'T MATCH UP WITH YOUR NUMBERS, SO...

                                 MS. WEINSTEIN:  SURE.  SO, THE MAJOR NEW REVENUE

                    PROPOSAL IN THE BUDGET IS A PROGRESSIVE -- THERE'S TWO.  THERE'S A

                    PROGRESSIVE MANSION TAX AND A REAL ESTATE TRANSFER TAX.  THE PROPOSAL IS

                    DEDICATED TO THE MTA AND WOULD PROVIDE $243 MILLION IN THE -- THIS

                    CURRENT FISCAL YEAR, AND $378 MILLION IN FISCAL YEAR 2020-'21.

                                 MR. BARCLAY:  SO JUST ON SOME SPECIFICS ON THE,

                                         320



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    FOR INSTANCE, THE HIGH EARNERS, I THINK YOU CALLED IT, TAX, THE EXTENSION.

                                 MS. WEINSTEIN:  CORRECT.

                                 MR. BARCLAY:  IN THE PAST THAT'S BEEN CALLED THE

                    MILLIONAIRE'S TAX, BUT OBVIOUSLY, I ASSUME YOU CALL IT IS THE HIGH EARNERS

                    TAX BECAUSE IT COVERS PEOPLE, NOT JUST MILLIONAIRES, BUT PEOPLE THAT

                    MAKE LESS THAN $1 MILLION, CORRECT?

                                 MS. WEINSTEIN:  YES, AND WE HAD A, YOU KNOW, A

                    MILLIONAIRE'S-PLUS TAX THAT WAS IN OUR ONE-HOUSE THAT UNFORTUNATELY DID

                    NOT MAKE IT INTO THE NEGOTIATED BUDGET.

                                 MR. BARCLAY:  SO HOW MUCH INCOME DO YOU HAVE

                    TO EARN WHEN YOU GET HIT WITH THAT SURCHARGE, OR "MILLIONAIRE'S TAX"

                    SO-CALLED.

                                 MS. WEINSTEIN:  SO, IT'S $1.1 MILLION FOR SINGLE

                    FILERS.  SO, IN FACT, $1.1 MILLION FOR SINGLE FILERS, $2.2 MILLION FOR

                    MARRIED FILING JOINTLY FILERS, AND $1.6 MILLION FOR HEAD OF HOUSEHOLD

                    FILERS.  YOU KNOW, SO IT IS -- IT IS A MILLIONAIRE'S TAX, BUT IT WASN'T WHAT

                    WE WOULD HAVE -- WERE COMMONLY REFERRING TO AS THE "MILLIONAIRE'S

                    TAX."

                                 MR. BARCLAY:  ALL RIGHT, UNDERSTOOD; MY MISTAKE.

                    JUST GENERALLY, IS THERE ANY TAX THAT WAS PROPOSED IN THE EXECUTIVE

                    BUDGET THAT THE ASSEMBLY MAJORITY OR BOTH HOUSES REJECTED?

                                 MS. WEINSTEIN:  YOU KNOW, THERE -- I GUESS, THE

                    MARIJUANA TAX WAS AN OUT YEAR TAX.

                                 MR. BARCLAY:  FAIR ENOUGH.

                                 MS. WEINSTEIN:  YOU KNOW, I DIDN'T MENTION,

                                         321



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    WHEN WE TALKED ABOUT THE TAXES, THE SURCHARGE ON RENTAL CARS WHICH IN

                    NEW YORK CITY IS CURRENTLY 5 PERCENT, THAT WE'RE GOING TO 6 PERCENT

                    AND WILL NOW BE INSTITUTED -- ESTABLISHED IN UPSTATE NEW YORK.  WE'RE

                    SPEEDING UP THE EFFECTIVE DATE TO JUNE 1, AND THAT WILL GENERATE FUNDS

                    FOR UPSTATE TRANSIT.

                                 MR. BARCLAY:  THE -- THAT'S FOR UPSTATE TRANSIT AND

                    THEN, IS ANY OF THAT MONEY GOING FOR THE MTA COUNTIES?  IS THAT GOING

                    TO MTA?

                                 MS. WEINSTEIN:  YES, THE DOWNSTATE REGION DOES

                    GO TO THE MTA.

                                 MR. BARCLAY:  AND THEN WITH THE SALES TAX

                    EXPANSION, EXPANDING THE INTERNET SALES TAX FROM MARKETPLACE

                    PROVIDERS.

                                 MS. WEINSTEIN:  CORRECT.

                                 MR. BARCLAY:  SOME OF THAT MONEY IS GOING TO GO

                    INTO A LOCKBOX FOR THE MTA, SO-CALLED "LOCKBOX"?

                                 MS. WEINSTEIN:  THE NEW YORK CITY SHARE OF THE

                    INTERNET SALES TAX IS ESTIMATED TO BE $170 MILLION.  IT WILL GO TO THE

                    LOCKBOX FOR MTA REVENUE, AND THE STATE SHARE OF THAT INTERNET SALES FOR

                    NEW YORK CITY, WHICH IS $150 MILLION, WILL ALSO GO TOWARDS THE

                    LOCKBOX FOR MTA REVENUE.

                                 MR. BARCLAY:  NOT THE INTERNET SALES TAX, ANY

                    STATE SALES TAX, CORRECT?

                                 MS. WEINSTEIN:  NO, THE INTERNET SALES TAX.

                                 MR. BARCLAY:  ALL RIGHT.  OKAY.  THANK YOU, ON

                                         322



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    THE REVENUE.  I JUST WANT TO TALK ABOUT SOME SPECIFIC QUESTIONS I HAD ON

                    THE -- ON THE BILL.

                                 MS. WEINSTEIN:  SURE.

                                 MR. BARCLAY:  THERE'S SOME CONTINGENCY

                    LANGUAGE, ONE, IN THE MEDICAID FUNDING CONTINGENCY LANGUAGE, THERE'S

                    FINANCIAL PLAN FUNDING CONTINGENCY LANGUAGE.  I KNOW THE GOVERNOR

                    PROPOSED THESE IN HIS EXECUTIVE BUDGET.  DID THIS BILL MAKE ANY

                    CHANGES TO HIS PROPOSALS?

                                 MS. WEINSTEIN:  NO.

                                 MR. BARCLAY:  VERY GOOD.  THE -- YOU HAVE SOME

                    SWEEPS AND TRANSFERS IN THIS BILL.  I NOTE THAT YOU'RE TRANSFERRING, IF I'M

                    CORRECT, UP TO $20 MILLION FROM NYPA; IS THAT CORRECT?

                                 MS. WEINSTEIN:  YES.  I MEAN, THIS IS SOMETHING

                    WE DO EVERY -- IT IS SOMETHING WE DO EVERY YEAR.

                                 MR. BARCLAY:  I UNDERSTAND THAT, BUT WE ALSO

                    AUTHORIZE NYPA TO PUT CHARGING STATIONS AROUND THE STATE, I THINK TO

                    HELP BUILD AND FINANCE TRANSMISSION LINES, AND ALSO TO BUILD RENEWABLE

                    RESOURCES.  WILL YOU FEEL CONFIDENT THAT EVEN SWEEPING OUT SOME OF THE

                    MONEY FROM THEM, THEY'RE GOING TO HAVE THE MONEY TO BE ABLE TO DO

                    EVERYTHING THAT WE'RE REQUIRING THEM TO DO?

                                 MS. WEINSTEIN:  YES, WE DO.

                                 MR. BARCLAY:  IS -- THE GOVERNOR, IN THE PAST, HAS

                    TRIED TO SWITCH SOME OF THE STAR EXEMPTION BENEFITS OVER TO MAKE

                    THEM TAX CREDITS.  I THINK HE DID IT MAYBE TWO YEARS AGO WHERE HE WAS

                    TRYING TO DO IT FOR PEOPLE THAT BOUGHT, YOU KNOW, RECENTLY BOUGHT THEIR

                                         323



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    HOUSE.  IT LOOKS LIKE THIS EFFORT IS CONTINUING UNDER THIS PIECE OF

                    LEGISLATION.  COULD YOU ENLIGHTEN THE BODY OF EXACTLY WHAT THIS

                    PROPOSAL'S ABOUT?

                                 MS. WEINSTEIN:  THE -- I THINK I DID KIND OF BRIEFLY

                    BEFORE, BUT WHY DON'T WE JUST FOCUS ON STAR.  SO, THE BASIC STAR

                    EXEMPTION INCOME LIMIT WILL BE LOWERED FROM $500,000 TO $250,000

                    BEGINNING THIS YEAR.  IT WILL REDUCE GENERAL FUND SPENDING BY $125

                    MILLION.  THE PEOPLE IN THE $250- TO $500,000 INCOME RANGE WHO WILL

                    NO LONGER BE ELIGIBLE FOR BASIC STAR EXEMPTION CAN -- WILL BE ABLE TO

                    AVOID ECONOMIC -- ADVERSE ECONOMIC IMPACTS BY SWITCHING TO THE

                    STAR CREDIT PROGRAM WHERE THE INCOME LEVEL REMAINS AT THE $500,000

                    LEVEL.

                                 MR. BARCLAY:  DOES IT SEEM ODD TO YOU THAT WE'RE

                    SWITCHING IT TO THE CREDIT?  I MEAN, IT'S ALL EVENTUALLY GOING TO BE AN

                    EXPENSE TO THE STATE; GRANTED, ONE'S GOING TO BE AN APPROPRIATION AND

                    ONE'S GOING TO BE THROUGH A CREDIT.  WHY ARE WE DOING THIS?

                                 (PAUSE)

                                 MS. WEINSTEIN:  THIS IS TO HELP MEET THE 2 PERCENT

                    -- 2 PERCENT SAVINGS WHICH GIVES A LITTLE MORE FLEXIBILITY, THEN, IN ORDER

                    TO DO SOME SPENDING.

                                 MR. BARCLAY:  THAT'S MY UNDERSTANDING, TOO.  SO,

                    YOU WOULDN'T NECESSARILY CONSIDER THIS A GIMMICK, THOUGH, WOULD YOU?

                    A BUDGET GIMMICK?

                                 MS. WEINSTEIN:  IT'S PROBABLY ONE OF MANY

                    CONTAINED THAT WE WILL BE DISCUSSING OR HAVE BEEN DISCUSSING.

                                         324



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MR. BARCLAY:  I UNDERSTAND THAT, AND I APPRECIATE

                    YOU DIDN'T HAVE IT IN THE ONE-HOUSE, CORRECT, YOU ONLY -- THIS IS A

                    GOVERNOR'S PROPOSAL?

                                 MS. WEINSTEIN:  CORRECT, CORRECT.

                                 MR. BARCLAY:  SO, I'LL GIVE YOU A LITTLE KUDOS FOR

                    THAT.

                                 ALL RIGHT, THANK YOU, MADAM CHAIRWOMAN.  I MAY

                    COME BACK FOR 15 LATER.

                                 MS. WEINSTEIN:  SURE.

                                 MR. BARCLAY:  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. RA.

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

                    YIELD?

                                 MS. WEINSTEIN:  YES, BE HAPPY TO.

                                 MR. RA:  SO, PUBLIC FINANCING.

                                 MS. WEINSTEIN:  YES.

                                 MR. RA:  WHICH IS PART XXX.  SOME MIGHT FIND THAT

                    APPROPRIATE, OR OBSCENE, OR I DON'T KNOW, BUT...

                                 (LAUGHTER)

                                 SO, WE'VE -- WE'VE GOTTEN ON THE ROAD BEFORE OF DOING

                    COMMISSIONS AND WE'VE HAD VARYING RESULTS FROM THAT.  SO, I MEAN, I

                    THINK THE FIRST QUESTION IS -- IS WHY ANOTHER COMMISSION?  WHY -- WHY

                    SEAT OUR AUTHORITY TO -- TO AN UNELECTED COMMISSION TO DO SOMETHING

                    THAT SHOULD BE WITHIN THE PURVIEW OF THE LEGISLATURE?

                                         325



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MS. WEINSTEIN:  IT IS COMPLICATED -- A COMPLICATED

                    ISSUE AND WE LIKE TO HAVE THE EXPERTS LOOK AT THIS WITHOUT THE -- WE LIKE

                    TO HAVE THE EXPERTS WORK ON THIS, HOLD THE HEARINGS AND MAKE THEIR --

                    MAKE THEIR RECOMMENDATIONS WITHOUT THE SPECTER OF POLITICS OVER THEM.

                                 MR. RA:  OKAY.  NOW YOU'RE SAYING HAVING EXPERTS

                    WORK ON IT.  ARE THERE ANY QUALIFICATIONS IN THIS BILL THAT -- OF WHO

                    QUALIFIES TO BE APPOINTED TO IT?  I DON'T -- I DON'T SEE ANY.

                                 MS. WEINSTEIN:  NO.  THERE AREN'T SPECIFIC --

                    SPECIFIC REFERENCE TO THE QUALIFICATION OF THE INDIVIDUALS.  WE CERTAINLY

                    HAVE FAITH IN THE APPOINTING AUTHORITIES, THE LEADERS, THE GOVERNOR, TO

                    APPOINT PEOPLE WHO HAVE THE EXPERTISE.

                                 MR. RA:  OKAY.  NOW, IN TERMS OF THOSE

                    APPOINTMENTS.  I -- PERHAPS YOU CAN ENLIGHTEN ME WHAT THE JUSTIFICATION

                    WOULD BE FOR DOING THE APPOINTMENTS IN THE MATTER.  I KNOW WE'VE DONE

                    ALL KINDS OF TASK FORCES AND COMMISSIONS AND ALL KINDS OF THINGS, BUT

                    WE'RE TALKING ABOUT A GROUP OF PEOPLE THAT ARE GOING TO BE AUTHORIZED TO

                    MAKE POTENTIALLY MAJOR CHANGES THAT AFFECT CAMPAIGN FINANCE AND

                    CAMPAIGNS AND WE'RE GOING TO BE DOING IT BY A VERY PARTISAN

                    COMMISSION.  THERE'S NO REQUIREMENTS THAT PEOPLE BE APPOINTED OF

                    DIFFERENT POLITICAL PARTIES OR ANYTHING OF THAT NATURE HERE, CORRECT?

                                 MS. WEINSTEIN:  NO, BUT THE APPOINTING AUTHORITIES

                    REPRESENT DIFFERENT POLITICAL PARTIES.

                                 MR. RA:  YES, BUT IT'S NOT A TRULY BIPARTISAN

                    COMMISSION WHEN IT'S OVERWHELMINGLY SLANTED TO ONE POLITICAL PARTY.

                    UNLIKE, YOU KNOW, OUR STATE BOARD OF ELECTIONS, WE MAKE SURE

                                         326



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    EVERYTHING'S BIPARTISAN ACROSS THE BOARD, JUST LIKE OUR LOCAL BOARDS OF

                    ELECTIONS.  SO, WHAT IS THE JUSTIFICATION FOR GIVING SO LITTLE

                    REPRESENTATION FROM THE TWO LEGISLATIVE MINORITIES?

                                 MS. WEINSTEIN:  THE MAJORITY OF -- WE OFTEN HAVE

                    APPOINTMENTS WHERE THE MAJORITIES OF EACH HOUSE HAVE A LARGER

                    NUMBER OF APPOINTMENTS THAN THE MINORITIES, IT HAPPENS THAT THIS YEAR

                    THERE ARE DEMOCRATS IN THE SENATE, ALSO.  IN PRIOR YEARS WHEN WE HAD

                    COMMISSIONS, IT WOULD'VE BEEN THE MAJORITY OF REPUBLICANS WHO WERE

                    MAKING THOSE APPOINTMENTS.  THE DECISION TO DO THE COMMISSION IS

                    IRRESPECTIVE OF WHO.

                                 IS LEADING WHICH HOUSE.

                                 MR. RA:  I DIDN'T AGREE WITH DOING IT THAT WAY THEN,

                    EITHER, BUT THE PROBLEM HERE IS YOU'RE TALKING ABOUT A COMMISSION THAT

                    IS GOING TO MAKE DECISIONS AFFECTING HOW POLITICAL CAMPAIGNS ARE RUN

                    AND IT'S GOING TO BE DONE BY A BODY THAT IS OVERWHELMINGLY PARTISAN TO

                    ONE POLITICAL PARTY WITH NO -- NO PROVISIONS MANDATING THAT PEOPLE GET

                    APPOINTED THAT ARE OF DIFFERENT POLITICAL PARTIES OR ANYTHING OF THAT

                    NATURE.  AND MY UNDERSTANDING, AND I KNOW ONE OF THE MODELS THAT,

                    PERHAPS, IS I'M SURE GOING TO BE LOOKED AT BY THIS COMMISSION IS -- IS

                    NEW YORK CITY.  DOES -- THEIR CAMPAIGN FINANCE BOARD THAT OVERSEES

                    THE SYSTEM HAS THAT TYPE OF REQUIREMENT, DOES IT NOT, THAT SOME OF THE

                    APPOINTMENTS THAT ARE MADE BY POLITICAL LEADERS HAVE TO BE MADE OF

                    PEOPLE THAT ARE OF DIFFERENT POLITICAL PARTIES?

                                 MS. WEINSTEIN:  THAT MAY WELL BE THE

                    RECOMMENDATION THAT COMES FROM THIS BODY.  THIS ISN'T A BODY THAT'S --

                                         327



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    YOU MENTIONED BOARD OF ELECTIONS, THAT'S REVIEWING PETITIONS.  THIS

                    ISN'T A BODY THAT'S GOING TO MAKE DETERMINATIONS AND BE THE

                    ADMINISTRATOR OF THE PROGRAM.  IT'S A BODY THAT'S GOING TO RECOMMEND

                    AND CHANGES TO THE -- RECOMMEND A SYSTEM FOR PUBLIC FINANCING OF

                    CAMPAIGNS AND RECOMMEND THE ADMINISTRATION OF THAT SYSTEM AND MAY

                    VERY WELL BE THAT THEIR RECOMMENDATION FOR THE ADMINISTRATION WILL

                    REFLECT WHAT YOU'RE SAYING IS AN EVEN SPLIT OF EQUAL REPRESENTATION OF

                    VARIOUS POLITICAL PARTIES ON THAT.

                                 MR. RA:  OKAY.  SO ANOTHER QUESTION THAT THEN COMES

                    UP.  ONCE THEY MAKE THESE RECOMMENDATIONS, THEY'RE GOING TO HAVE THE

                    FULL FORCE OF THE LAW UNLESS THE LEGISLATURE COMES BACK AND REJECTS

                    THEM.  WOULD WE HAVE TO REJECT THEM FULLY?  COULD WE AMEND WHAT

                    THEY DO?  HOW DOES THAT PART WORK?

                                 MS. WEINSTEIN:  SURE.  WE CAN MODIFY -- WE

                    CERTAINLY CAN MODIFY DURING THE TIMEFRAME BEFORE IT WOULD BECOME

                    EFFECTIVE.

                                 MR. RA:  OKAY.  NOW, THIS SAME QUESTION I THINK

                    CAME TO MIND AFTER THE PAID COMMISSION LAST FALL.  WHAT DID WE

                    ACTUALLY MODIFY AT THAT POINT, BECAUSE THEIR -- TECHNICALLY THEIR

                    RECOMMENDATIONS HAVE THE FORCE OF LAW, BUT THEY'RE NOT IN STATUTE

                    ANYMORE.  SO, HOW DOES THAT WORK?  WHAT WOULD WE ACTUALLY MODIFY?

                                 MS. WEINSTEIN:  WE WOULD MODIFY THE PROPOSAL.

                    IF WE DON'T MODIFY THE PROPOSAL, IT WOULD, IN FACT, HAVE THE EFFECT OF

                    LAW.

                                 MR. RA:  BUT THERE WON'T BE ANY SECTION OF LAW THAT

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    WE -- THAT WILL BE THERE FOR US TO MODIFY.  THAT'S WHAT I DON'T

                    UNDERSTAND, HOW WE CAN MODIFY A SECTION OF LAW THAT WON'T EXIST.

                                 MS. WEINSTEIN:  WE WOULD, YOU KNOW, THERE

                    WOULD BE RECOMMENDATIONS THAT WOULD COME TO US FROM THIS

                    COMMISSION.  WE WOULD THEN BE ABLE TO DO A BILL -- IF WE WANTED TO, IN

                    FACT, MODIFY IT, WE WOULD BE ABLE TO THEN DO LEGISLATION THAT WOULD

                    MODIFY IT.

                                 MR. RA:  OKAY.  NOW, WHEN -- WHEN WILL THIS SYSTEM

                    TAKE EFFECT, THEN, IF THEY RECOMMEND GOING FORWARD WITH A PUBLIC

                    FINANCING SYSTEM?  OR REALLY, IT'S SAYING THEY'RE -- THEY'RE GOING TO, IT'S

                    JUST, YOU KNOW, THEY'RE GOING TO COME UP WITH RATIOS AND THINGS OF THAT

                    NATURE.

                                 MS. WEINSTEIN:  THAT IS ONE OF THE FACTORS THAT WE

                    TASK THEM TO -- TO LOOK AT.

                                 MR. RA:  OKAY.  WHAT IS THE COST OF -- OF THIS

                    PROGRAM?

                                 MS. WEINSTEIN:  THEY ARE -- THEY ARE GIVEN THE

                    DIRECTION OF DEVELOPING A PROGRAM WITH A MAXIMUM $100 MILLION

                    ANNUAL COST.

                                 MR. RA:  OKAY.  AND IN -- ARE WE MAKING ANY

                    APPROPRIATION IN EITHER THIS BILL OR ANY OTHER BUDGET BILL FOR THAT $100

                    MILLION?

                                 MS. WEINSTEIN:  NO, WE ARE NOT.

                                 MR. RA:  DO WE HAVE AN IDEA OF WHERE THAT MONEY IS

                    GOING TO COME FROM?  THERE HAVE BEEN PAST BILLS WITH RESPECT TO PUBLIC

                                         329



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    FINANCING IN THE PAST THAT IDENTIFY AT LEAST A PARTIAL REVENUE SOURCE.  ARE

                    WE IDENTIFYING ANY REVENUE SOURCE?

                                 MS. WEINSTEIN:  NO, WE ARE NOT, AND WE ARE

                    ASKING THE COMMISSION THEMSELVES TO LOOK AT POSSIBLE REVENUE AND

                    MAKE RECOMMENDATIONS FOR REVENUE SOURCES.

                                 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:  THIS IS -- I WAS READING THIS EARLIER TODAY

                    AND -- AND, FIRST AND FOREMOST, I DON'T KNOW IF WE'RE EVER GOING TO LEARN

                    OUR LESSON.  THE PEOPLE ELECTED US.  WE ALL WENT OUT LAST FALL, WE

                    CAMPAIGNED, PEOPLE ELECTED US TO COME HERE AND MAKE DECISIONS.  IT'S

                    BAD ENOUGH WITH SOME OF THE WAY THAT THE PROCESS WORKS AT BUDGET

                    TIME AND -- AND WE'VE GIVEN, YOU KNOW, IN PAST BUDGETS ALL KINDS OF

                    NEW AUTHORITY TO THE GOVERNOR AND THINGS OF THAT NATURE.  NOW, WE'RE

                    SENDING OUR AUTHORITY TO MAKE LEGISLATION TO ANOTHER UNELECTED GROUP

                    OF PEOPLE.  THAT'S NOT WHAT OUR CONSTITUENTS ELECTED US TO DO.  THEY

                    ELECTED US TO BE THE STATE LEGISLATURE.  THEY DIDN'T ELECT WHOEVER GETS

                    APPOINTED BY THIS GROUP TO BE THE STATE LEGISLATURE.  AND WE REALLY

                    NEED TO LEARN OUR LESSON AT SOME POINT.  IT'S THE WRONG THING FOR

                    ACCOUNTABILITY TO THE PUBLIC.  IT'S THE WRONG THING FOR -- FOR MAKING LAW.

                                 THE OTHER PART IS, AS I SAID, HAVING A COMMISSION THAT

                    IS GOING TO MAKE THESE TYPES OF DETERMINATIONS THAT IS THIS POLITICALLY

                    SLANTED -- EARLIER TODAY I TOLD SOMEBODY IT WAS BORDERLINE CORRUPT; I

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    THINK I'D TAKE THE TERM "BORDERLINE" OUT.  YOU CAN'T -- TO HAVE THESE

                    RECOMMENDATIONS COME FORTH, IT'S GOING TO BE AN OVERWHELMINGLY

                    DEMOCRATIC - LARGE D, NOT SMALL D - PROCESS, AND THEY'RE GOING TO MAKE

                    THE RECOMMENDATIONS I AM SURE THAT WILL BEST BENEFIT THE "LARGE D"

                    DEMOCRATIC PARTY.  THIS -- THIS IS THE WRONG THING TO DO.  THERE'S A

                    REASON WHY WHEN WE GET INTO CAMPAIGNS, THERE'S A REASON WHY OUR

                    STATE BOARD OF ELECTIONS IS COMPLETELY BIPARTISAN.  THERE'S A REASON

                    WHY OUR LOCAL BOARDS OF ELECTIONS ARE COMPLETELY BIPARTISAN.  THIS IS

                    ABSOLUTELY WRONG.  IT IS NOT A FAIR THING TO DO TO THE VOTERS OF THIS STATE,

                    AND I COULD NOT IN A MILLION YEARS SUPPORT IT.  AND, THANKFULLY, THERE'S A

                    MILLION OTHER REASONS TO VOTE AGAINST THIS BILL.

                                 SO, I'M GOING TO BE CASTING MY VOTE IN THE NEGATIVE.

                    WE NEED TO DO BETTER AS A STATE LEGISLATURE TO TAKE THE INFORMATION --

                    IT'S OUR JOB TO GO OUT AND HAVE PUBLIC HEARINGS ON BILLS.  IT'S OUR JOB TO

                    TAKE THAT INPUT FROM THE PUBLIC AND IT'S OUR JOB TO COME TO A

                    DETERMINATION AND DO IT, BY THE WAY, OUTSIDE OF A BUDGET PROCESS WHERE

                    WE DON'T HAVE OUR -- OUR -- OUR BACKS AGAINST THE WALL SO THAT WE DO IT

                    CORRECTLY.  SO, AGAIN, I'M GOING TO BE CASTING MY VOTE IN THE NEGATIVE

                    AND I HOPE MANY OF YOU WILL JOIN ME.  THANK YOU.

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

                    CHAIR YIELD?

                                 MS. WEINSTEIN:  YES, BE HAPPY TO.

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN

                    YIELDS.

                                 MS. WALSH:  THANK YOU.  THERE'S TWO AREAS THAT I'D

                                         331



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    LIKE TO ASK YOU QUESTIONS ABOUT.  ONE HAS TO DO WITH EDUCATION, SO LET'S

                    START WITH THAT PART.

                                 MS. WEINSTEIN:  SURE.

                                 MS. WALSH:  AS YOU KNOW, THERE ARE SEVERAL SCHOOL

                    DISTRICTS THAT HAVE HAD EXTENUATING CIRCUMSTANCES THAT HAVE RESULTED IN

                    SIGNIFICANT SCHOOL AID PENALTIES, PARTICULARLY FOR THE LATE FILING OF

                    TRANSPORTATION CONTRACTS AND FINAL COST REPORTS.  BOTH ONE-HOUSES

                    INCLUDED LANGUAGE THAT WOULD HAVE PROVIDED AMNESTY FOR PENALTIES

                    ASSESSED ON SCHOOL DISTRICTS FOR BOTH THE LATE FILING OF TRANSPORTATION

                    CONTRACTS AND FINAL COST REPORTS.  WHY DID THAT LANGUAGE ULTIMATELY NOT

                    MAKE IT INTO THE FINAL BUDGET?

                                 MS. WEINSTEIN:  AS YOU SAY, WE DID ADVANCE THAT

                    AND, UNFORTUNATELY, WE COULD NOT GET THREE-WAY -- COULD NOT GET

                    THREE-WAY AGREEMENT ON THE FORGIVENESS OF THE VARIOUS TRANSPORTATION,

                    AS WELL AS OTHER LATE REPORTING FINES IMPOSED UPON SCHOOL DISTRICTS.

                                 MS. WALSH:  THANK YOU.

                                 MS. WEINSTEIN:  IT IS OUR HOPE THAT WE WOULD

                    ADVANCE INDIVIDUAL BILLS ON THOSE -- ADVANCE INDIVIDUAL BILLS ON THOSE

                    MATTERS.

                                 MS. WALSH:  OKAY.  THANK YOU FOR THAT.  THE --

                    BOTH ONE-HOUSE BUDGETS ALSO PROVIDED LANGUAGE THAT WOULD HAVE

                    PROVIDED SCHOOL DISTRICTS WITH BUILDING AID FOR ANNUAL DEBT SERVICE

                    RELATED TO A TAX CERTIORARI BOND.  THIS WOULD HAVE PROVIDED MUCH

                    NEEDED RELIEF TO CERTAIN SCHOOL DISTRICTS.  COULD YOU SPEAK, PLEASE,

                    ABOUT WHY THIS MEASURE WAS NOT INCLUDED IN THE FINAL BUDGET EITHER?

                                         332



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MS. WEINSTEIN:  AGAIN, WE WERE UNABLE TO GET

                    THREE-WAY AGREEMENT ON INCLUDING THE ADJUSTMENTS TO BUILDING AID FOR

                    DEBT SERVICE.

                                 MS. WALSH:  DO YOU FORESEE ANY STANDALONE EFFORT,

                    YOU KNOW, BETWEEN POST-BUDGET AND END OF SESSION TO TRY TO ADDRESS

                    THAT ISSUE, AS WELL?

                                 MS. WEINSTEIN:  WE HAVE SEVERAL MONTHS LEFT

                    ONCE -- OF SESSION ONCE THIS PASSES AND, CERTAINLY, IT'D BE A TOPIC OF

                    DISCUSSION.

                                 MS. WALSH:  OKAY.  VERY GOOD.  I WOULD ALSO LIKE

                    TO ASK YOU A LITTLE BIT ABOUT THE PORTIONS OF THIS BILL HAVING TO DO WITH

                    THE DIRECT CARE WORKERS.

                                 MS. WEINSTEIN:  SURE.

                                 MS. WALSH:  WE -- WE ARE HAPPY TO SEE THAT THERE'S

                    FUNDING INCLUDED IN THE BUDGET FOR SALARY SUPPORTS FOR DIRECT SUPPORT

                    WORKERS AND PROFESSIONALS; HOWEVER, WE ARE REALLY DISAPPOINTED THAT

                    THE AMOUNT IS LESS THAN WHAT WAS PROVIDED IN PRIOR YEARS.  WHY IS THAT,

                    THAT THERE'S LESS BEING PROVIDED THIS YEAR?

                                 MS. WEINSTEIN:  I THINK WE'RE A COMBINATION OF

                    NOT HAVING AVAILABLE -- ADDITIONAL AVAILABLE RESOURCES AND NOT BEING

                    ABLE TO GET AN AGREEMENT TO FUND AT A HIGHER LEVEL THAN WHERE WE ARE

                    NOW.

                                 MS. WALSH:  OKAY.

                                 MS. WEINSTEIN:  DESPITE, YOU KNOW, A SHARED

                    CONCERN FOR THE -- FOR THE DESIRE TO DO SO.

                                         333



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MS. WALSH:  SO IN THIS BILL AND -- AND COMPANION

                    BILLS, THERE'S ONLY AN INCREASE OF 2 PERCENT PER YEAR INSTEAD OF THE 3.25

                    PERCENT THAT WAS HOPED FOR.  CAN YOU EXPLAIN WHY YOU'RE STARTING THE

                    INCREASE -- THE 2 PERCENT INCREASE FOR THIS FISCAL YEAR IN THE LAST QUARTER?

                                 MS. WEINSTEIN:  IT -- THAT -- YOU KNOW, AGAIN, IT

                    GOES BACK TO OUR LIMITED RESOURCES, BUT WE DO -- DID WANT TO MAKE THE

                    COMMITMENT TO BEGIN IN THIS FISCAL YEAR SO WE STARTED AT THE -- THE LAST

                    QUARTER.

                                 MS. WALSH:  DO YOU HAVE ANY IDEA OF HOW MANY

                    INDIVIDUALS WON'T GET AN INCREASE IN SALARY THIS YEAR AS A RESULT OF THE

                    INCREASE BEING PUSHED INTO JANUARY 1ST OF NEXT YEAR, 2020?

                                 MS. WEINSTEIN:  OH, NO. THAT I REALLY -- I DON'T

                    THINK WE HAVE THOSE NUMBERS.

                                 MS. WALSH:  OKAY.  ALL RIGHT.  THANK YOU.

                                 MS. WEINSTEIN:  THANK YOU.

                                 MS. WALSH:  MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL.

                                 MS. WALSH:  ON THE SECOND POINT, THIS ISSUE OF

                    DIRECT CARE WORKERS, IT'S MY OPINION THAT WITHIN THE CONTEXT OF A $174

                    BILLION BUDGET THAT THERE WAS ENOUGH ROOM TO BE ABLE TO FOLLOW THROUGH

                    ON COMMITMENTS THAT HAD BEEN MADE TO DIRECT SUPPORT PROFESSIONALS

                    OVER THE LAST COUPLE OF YEARS.  AND ONE POSSIBLE PLACE WHERE SOME

                    MONEY COULD'VE BEEN FREED UP I THINK WOULD'VE BEEN, FOR EXAMPLE, THE

                    $15 MILLION IN FUNDING TO MARKET THE NEW YORK STATE OF HEALTH

                    PROGRAM ON BUSES AND TRAIN STATIONS AND THROUGH COMMERCIALS.  SO, I

                                         334



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    DO BELIEVE THAT THAT MONEY COULD HAVE BEEN FOUND.  WE'RE VERY

                    DISAPPOINTED THAT IT WASN'T, AND OUR DISAPPOINTMENT WON'T EVEN

                    APPROACH THE DISAPPOINTMENT THAT THE PEOPLE IN THIS VERY DIFFICULT FIELD

                    ARE GOING TO FEEL TOMORROW WHEN THEY WAKE UP AND THEY REALIZE THAT

                    THIS MONEY ISN'T IN THERE FOR THEM.  SO, THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MR. PALUMBO.

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

                    THE SPONSOR YIELD FOR A FEW QUESTIONS ON --

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN, WILL

                    YOU YIELD?

                                 MS. WEINSTEIN:  YES.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MR. PALUMBO:  THANK YOU.  THANK YOU, MS.

                    WEINSTEIN.  I HAVE SOME QUESTIONS ON PUBLIC PROTECTION.

                                 MS. WEINSTEIN:  DEPENDING ON THE SUBJECT MATTER,

                    I MAY BE DIFFERING TO --

                                 MR. PALUMBO:  I'LL CONFINE IT TO TWO AREAS,

                    DISCOVERY AND BAIL.

                                 MS. WEINSTEIN:  OKAY.  SO, ON DISCOVERY, MR.

                    LENTOL WILL BE HANDLING DISCOVERY -- THE QUESTIONS ON THE DISCOVERY BILL

                    THAT HE HAS SPONSORED FOR SO MANY YEARS AND OUR COLLEAGUE,

                    ASSEMBLYWOMAN LATRICE WALKER, WILL BE HANDLING QUESTIONS ON THE

                    BAIL BILL WHICH SHE HAS SPONSORED WHICH IS CONTAINED WITHIN THIS BILL.

                                 MR. PALUMBO:  TERRIFIC.  TERRIFIC.  WHOEVER

                                         335



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    WOULD LIKE TO GO FIRST.  I'M HAPPY TO GO EITHER WAY.

                                 MS. WEINSTEIN:  DO YOU WANT TO START WITH MR.

                    LENTOL?

                                 MR. PALUMBO:  CERTAINLY.  WILL YOU YIELD, JOE,

                    PLEASE FOR A FEW QUESTIONS?

                                 MR. LENTOL:  YES, I WILL, MR. SPEAKER.

                                 MR. PALUMBO:  THANK YOU VERY MUCH.  NOW, JUST

                    GENERALLY, THIS HAS BEEN A LONG-STANDING POLICY DEBATE IN THIS HOUSE

                    AND IS THERE ANY REASON WHY THAT WE COULDN'T HOLD PUBLIC HEARINGS AND

                    POSSIBLY DO THIS OUTSIDE OF THE BUDGET, OR DID THIS KIND OF END UP ON THE

                    TABLE AS A RESULT OF THE NEGOTIATION PROCESS AND THERE WAS SOME URGE TO

                    DO IT NOW?

                                 MR. LENTOL:  WELL, AS YOU KNOW, BECAUSE YOU'VE

                    DEBATED THIS MANY TIMES, AS HAVE I, IT HAS HAD A VERY GOOD PUBLIC AIRING

                    ALREADY AND I THINK THAT THE PEOPLE OF THE STATE OF NEW YORK NOW

                    REALIZE HOW ANTIQUATED AND UNFAIR THE DISCOVERY SYSTEM IS IN NEW YORK

                    STATE, ESPECIALLY WHEN ONE CONSIDERS THAT THE CIVIL SYSTEM WHICH

                    DOESN'T PUT ANYBODY INTO JAIL IS SO OPEN AND FREE DISCLOSURE OF

                    INFORMATION OCCURS, WHERE IT HAS NEVER OCCURRED IN NEW YORK STATE IN

                    THE CRIMINAL LAW.

                                 MR. PALUMBO:  CERTAINLY, MR. LENTOL, AND YOU

                    HAVE BEEN A CHAMPION ON THIS ISSUE AND I THINK THAT THIS HAS DEVELOPED

                    INTO A VERY GOOD IDEA THAT IT'S SOMETHING NEEDED TO BE DONE, SO I THINK

                    THIS IS REALLY GOING IN THE RIGHT DIRECTION.  THERE ARE JUST A FEW AREAS

                    LEFT THAT WE HAD SOME CONCERNS WITH, THAT I HAD SOME CONCERNS WITH

                                         336



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    AND I HAVE HAD SOME LAW ENFORCEMENT AGENCIES INDICATE THEIR CONCERNS,

                    AS WELL.

                                 MR. LENTOL:  WELL, I'M HAPPY TO HELP YOU WITH

                    THEM.

                                 MR. PALUMBO:  THANK YOU.  PARTICULARLY NOW THAT

                    THIS IS GOING TO BE OUR NEW DISCOVERY STATUTE.  REGARDING THE GENERAL, I

                    GUESS, GENERALLY SO MY COLLEAGUES ARE AWARE, THE ENTIRE ARTICLE 240 IS

                    GONE AND WE HAVE AN ENTIRELY -- WE HAVE A NEW 245 ARTICLE WHICH

                    COVERS ALL OF OUR DISCOVERY.  SO, IF IT'S NOT ADDRESSED HERE, ESSENTIALLY,

                    ALL THE CRIMINAL PROCEDURE LAW RELATIVE TO DISCOVERY IS GONE, FOR ALL

                    INTENTS AND PURPOSES.

                                 MR. LENTOL:  YES, BUT THERE ARE SOME INHERENT

                    POWERS IN THE COURTS, AS YOU KNOW.

                                 MR. PALUMBO:  CERTAINLY.  AND IN THAT REGARD, I

                    SEE THAT THERE'S SOME RECIPROCAL DISCOVERY THAT'S REQUIRED FROM THE

                    DEFENDANT.

                                 MR. LENTOL:  YES.

                                 MR. PALUMBO:  AND IN SECTION 245.20, THEY HAVE

                    SOME DISCOVERABLE EVIDENCE AND I DID SEE THAT THERE WERE SOME

                    SPECIFIC REQUESTS AS FAR AS EXPERT DISCLOSURE, THAT THEY KNEW, AND SOME

                    WITNESS DISCLOSURE, BUT IT WAS REALLY REGARDING STATEMENTS.  IS THERE

                    ANYTHING IN THIS NEW ARTICLE THAT WOULD REQUIRE AN ALIBI NOTICE?

                    BECAUSE, AS YOU RECALL, UNDER THE OLD STATUTE THE PROSECUTORS WOULD

                    MAKE, TYPICALLY AT ARRAIGNMENT, A 250.20 DEMAND AS FAR AS ALIBI NOTICE

                    IS CONCERNED -- OR 240 OR 250, I FORGET WHICH ARTICLE IT WAS, BUT DOES

                                         337



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    THAT STILL EXIST TODAY, THAT AN ALIBI NOTICE WOULD NEED TO BE PROVIDED BY

                    THE DEFENDANT WITHIN A FIXED PERIOD OF TIME?

                                 MR. LENTOL:  WELL, THERE'S A -- AS YOU KNOW, SIR,

                    THERE'S AN ALIBI PROCEDURE THAT ALREADY EXISTS IN THE CRIMINAL PROCEDURE

                    LAW, AND THAT STAYS THE SAME.

                                 MR. PALUMBO:  AND THAT STAYS THE SAME, VERY

                    GOOD.  THANK YOU.  THAT WAS A -- THAT WAS A CONCERN.  AND AS FAR AS THE

                    PROSECUTION'S TIME LIMITS OF RESPONDING TO THIS DISCOVERY, THEY HAVE 15

                    CALENDAR DAYS FOR THE AUTOMATIC DISCOVERY, OR SOON AS PRACTICABLE IF

                    THERE A GOOD FAITH REASONS WHY NOT.  WHAT'S THE SANCTION FOR THEIR

                    NONCOMPLIANCE WITH THAT STATUTE?

                                 MR. LENTOL:  WELL, THE COURT COULD, AS YOU KNOW,

                    ORDER DISCLOSURE AND THERE COULD BE PRECLUSION IF THEY DO NOT.

                                 MR. PALUMBO:  SURE.  ARE THERE DIFFERENT LEVELS OF

                    SANCTION, THOUGH?  COULD THE COURT JUST GIVE AN ADVERSE INFERENCE AND

                    NOT PRECLUDE, OR ARE THERE DIFFERENT LEVELS THAT DEPENDING ON THE GRAVITY

                    OF THE OFFENSE THAT IT COULD BE COMPLETE PRECLUSION OF A WITNESS, OR

                    EVIDENCE, VERSUS MAYBE A JURY CHARGE INDICATING THAT THEY CAN MAKE THE

                    ADVERSE INFERENCE.  IS THAT ALL AVAILABLE STILL?

                                 MR. LENTOL:  WELL, I THINK IT DEPENDS ON THE

                    CIRCUMSTANCES.  THE JUDGE WOULD HAVE THE DISCRETION TO DECIDE TO

                    PRECLUDE IF THEY WERE SERIOUS.

                                 MR. PALUMBO:  VERY GOOD.  AND REGARDING THE

                    SANCTIONS, I SEE HERE THAT NO LATER THAN 48 HOURS PRIOR TO THE DEFENDANT'S

                    GRAND JURY TESTIMONY, ALL STATEMENTS, WRITTEN, RECORDED AND ORAL

                                         338



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    STATEMENTS MUST BE MADE BY THE DEFENDANT.  IF THERE'S A NONCOMPLIANCE

                    SITUATION IN THAT REGARD AND, AS YOU CERTAINLY KNOW, FROM ARREST, NOT

                    ARRAIGNMENT, FROM ARREST TO INDICTMENT NEEDS TO BE DONE WITHIN 144

                    HOURS.  SO, FOR EXAMPLE, ON A MONDAY YOU HAVE A DEFENDANT WHO GETS

                    ARRESTED MIDDAY IN PARTICULARLY IN A PLACE LIKE SUFFOLK COUNTY, WHICH IS

                    OBVIOUSLY A LARGE COUNTY, 1.5 MILLION PEOPLE, BUT THEY DON'T TYPICALLY

                    HAVE -- THEY WOULDN'T NECESSARILY HAVE A GRAND JURY ON THE WEEKEND,

                    THEY'D HAVE TO INDICT THAT BY 5:00 ON FRIDAY.  SO, THEY'D BE UNDER A REAL

                    TIGHT WINDOW TO GET THAT DISCOVERY TO THEM BY WEDNESDAY TO GET ALL OF

                    THAT INFORMATION.  SO, OF COURSE, WRITTEN STATEMENTS COULD BE PROVIDED,

                    BUT IF THERE'S SOME SORT OF A SURVEILLANCE TAPE, IF THAT ISN'T PROVIDED IN A

                    TIMELY FASHION, WHAT WOULD THE SANCTION BE IF THE PROSECUTOR STILL

                    PROCEEDED WITH THE GRAND JURY PRESENTATION IN ORDER TO HOLD THE

                    DEFENDANT?

                                 MR. LENTOL:  WELL, I THINK THAT THE JUDGE COULD BE

                    WISE IN HIS DISCRETION AND ORDER A HEARING IF THAT INFORMATION COULDN'T

                    BE DISCLOSED.

                                 MR. PALUMBO:  OKAY, TERRIFIC.  SO, I JUST WANTED TO

                    MAKE SURE THAT FOR THOSE SITUATIONS THAT THERE MAY BE NONCOMPLIANCE,

                    IT'S STILL A DISCRETIONARY CHOICE BY THE JUDGE, THEY COULD DO AS LITTLE OR AS

                    SEVERE A SANCTION AS THEY SO CHOOSE?

                                 MR. LENTOL:  YES.

                                 MR. PALUMBO:  GREAT.

                                 MR. LENTOL:  AS YOU KNOW, MAYBE FROM READING

                    THIS, THAT WE TRY TO GIVE THE JUDGE A GREAT DEAL OF DISCRETION OVER THIS

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    AND PROTECTIVE ORDERS, AS WELL.

                                 MR. PALUMBO:  EXCELLENT.

                                 NOW, JUST TWO OTHER QUICK AREAS, IF YOU DON'T MIND,

                    REGARDING, IT'S 245.50, THERE'S CERTIFICATES OF COMPLIANCE REQUIRED BY THE

                    PROSECUTOR.  AND I HAVE HERE, THIS IS ON PAGE 143 OF THE BILL, LINE 35,

                    THAT WHEN THEY PROVIDED THE DISCOVERY REQUIRED BY SUBDIVISION 1 OF

                    SECTION 245.20 OF THIS ARTICLE, ACCEPTS OTHER ITEMS THAT ARE SUBJECT TO

                    THE ORDER, IT SHALL SERVE UPON THE DEFENDANT AND FILE WITH THE COURT A

                    CERTIFICATE OF COMPLIANCE STATING THAT AFTER EXERCISING DUE DILIGENCE

                    AND MAKING REASONABLE INQUIRES TO ASCERTAIN THE EXISTENCE OF MATERIAL

                    AND INFORMATION SUBJECT TO DISCOVERY, THE PROSECUTOR HAS DISCLOSED AND

                    MADE AVAILABLE ALL KNOWN MATERIAL AND INFORMATION SUBJECT TO

                    DISCOVERY.  AND THAT, AGAIN, IF -- IF -- IS THIS A SWORN STATEMENT THAT THE

                    LAWYER NEEDS TO PROVIDE, THAT THE PROSECUTOR WOULD NEED TO PROVIDE?

                                 MR. LENTOL:  YES, IT COULD BE, BUT I DON'T THINK THE

                    STATUTE REQUIRES IT.

                                 MR. PALUMBO:  OKAY, GOOD.  SO -- AND THAT'S

                    ANOTHER ONE.  IN THE EVENT OF NONCOMPLIANCE, THAT MIGHT EVEN OPEN UP

                    A PROSECUTOR TO POSSIBLY A GRIEVANCE OR SOME OTHER TYPE OF SANCTION

                    AGAINST THEIR LICENSE IF THEY'RE OBVIOUSLY MAKING MISREPRESENTATION TO

                    THE COURT.  WAS THAT THE LOGIC BEHIND INCLUDING THAT PROVISION?

                                 MR. LENTOL:  NOT NECESSARILY.

                                 MR. PALUMBO:  IS THERE ANY SUCH REQUIREMENT FOR

                    THE DEFENDANTS IN THEIR RECIPROCAL DISCOVERY?

                                 MR. LENTOL:  YES.  I THINK THE COURT, IN ITS WISDOM,

                                         340



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    WILL TAKE A LOOK AT IT AND DECIDE WHETHER OR NOT THE DEFENDANT SHOULD

                    HAVE A DISCOVERY OF THIS MATERIAL AND ACT ACCORDINGLY.

                                 MR. PALUMBO:  VERY GOOD.  NOW, ONE -- ONE OTHER

                    ISSUE REGARDING THAT RECIPROCAL DISCOVERY, THAT UNDER 245.20,

                    SUBDIVISION 4 --

                                 MR. LENTOL:  THE IDEA, MR. PALUMBO, IS FOR THE

                    FREE EXCHANGE OF INFORMATION.  THAT'S ALWAYS THE THOUGHT THROUGHOUT

                    THIS DISCOVERY PROCESS THAT HASN'T EXISTED IN OUR LAW BEFORE.

                                 MR. PALUMBO:  AND THAT'S WHY --

                                 MR. LENTOL:  SO, WE'RE TRYING TO CATCH UP WITH

                    OTHER STATES THAT HAVE DONE THIS.

                                 MR. PALUMBO:  CERTAINLY, AND I THINK THAT'S WHY

                    THIS HAS BEEN SO WELL RECEIVED.  I DO AGREE, AND I JUST HAD, AS I

                    INDICATED, I THINK IT'S GENERALLY REALLY THE PUBLIC OR I SHOULD SAY THE

                    PRACTITIONERS HAVE REALLY COME AROUND WITH REGARD TO THIS IDEA, THAT IT'S

                    CERTAINLY IN THE INTEREST OF FAIRNESS AND FAIR JUSTICE, THIS WAS NEEDED.

                    BUT REGARDING THAT ONE SECTION, THAT IT LOOKS AS THOUGH THE DEFENSE

                    WITNESS -- DISCLOSURE OF A DEFENSE WITNESS WHO TESTIFIES TO IMPEACH A

                    PROSECUTION WITNESS IS NOT REQUIRED UNTIL AFTER THE WITNESS HAS TESTIFIED

                    AFTER A TRIAL.

                                 NOW, THE PEOPLE AT THIS POINT HAVE PROVIDED ALL OF

                    THEIR WITNESSES, WITNESS LISTS LONG BEFORE OR CERTAINLY AT THE BEGINNING

                    OF TRIAL, IF THERE ARE ANY NEW ONES, TO PREVENT UNFAIR SURPRISE.  WITH

                    REGARD TO EXPERT TESTIMONY, IS THERE ANY OBLIGATION, BECAUSE IT SEEMS AS

                    THOUGH THAT MIGHT BE A LITTLE BIT IN CONFLICT WITH THE DEFENDANT'S

                                         341



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    OBLIGATION FOR RECIPROCAL REDISCOVERY, THAT IS THERE ANY OBLIGATION THAT

                    TO PROVIDE SOME SORT OF AN EXPERT WITNESS NOTICE THAT COULD HAVE BEEN

                    REASONABLY ASCERTAINED?  FOR EXAMPLE, IN AN ACCIDENT CASE, IN A

                    MANSLAUGHTER CASE WHERE YOU'RE DOING ACCIDENT RECONSTRUCTION.  THEY

                    KNOW RIGHT OUT OF THE BOX THAT THE PROSECUTION IS GOING TO PRESENT A

                    RECONSTRUCTION EXPERT AND, CERTAINLY, PROVIDE DIFFERENT EMPIRICAL DATA

                    WITH REGARD TO THE IMPACTS AND SO FORTH, POINTS OF IMPACT.  SO, THAT'S

                    SOMETHING THAT SHOULD BE REASONABLY ANTICIPATED.  DOES THE DEFENDANT

                    HAVE AN OBLIGATION IN A CASE LIKE I JUST PRESENTED TO YOU TO PROVIDE THAT

                    INFORMATION TO THE PROSECUTOR?

                                 MR. LENTOL:  I THINK THAT COULD BE, BUT REMEMBER,

                    THERE ARE CONSTITUTIONAL LIMITATIONS WITH REGARD TO THAT, THAT THE COURT

                    WOULD HAVE TO BE CONCERNED ABOUT, AS WELL AS THE DEFENDANT.

                                 MR. PALUMBO:  CERTAINLY, BUT IT LOOKS AS THOUGH

                    THAT THEY TYPICALLY WOULD, UNDER THAT PREVIOUS SECTION FOR RECIPROCAL

                    DISCOVERY, IF THEY HAD ANTICIPATED AN EXPERT REASONABLY, BECAUSE THAT'S

                    SOMEONE THAT I DON'T THINK WOULD -- IT WOULD CREATE ANY ISSUES

                    REGARDING WHETHER OR NOT THEIR TESTIMONY WOULD BE ADMISSIBLE OR

                    DISCOVERABLE, JUST THEIR QUALIFICATIONS AND A GENERAL STATEMENT

                    REGARDING ALMOST LIKE A 3101 DISCLOSURE REGARDING WHAT THEY -- WHAT

                    THEY INTEND TO OFFER AT TRIAL.

                                 MR. LENTOL:  OKAY.

                                 MR. PALUMBO:  VERY GOOD.  THANK YOU, MR.

                    LENTOL.

                                 MR. LENTOL:  YOU'RE WELCOME.

                                         342



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MR. PALUMBO:  NOW FOR ROUND TWO, HOW ARE YOU,

                    MS. WALKER?  WOULD YOU MIND YIELDING FOR A FEW QUESTIONS ON BAIL?

                                 MS. WALKER:  ABSOLUTELY.

                                 MR. PALUMBO:  GREAT.  THANK YOU.

                                 SO, I GUESS I HAVE THE SAME QUESTION THAT I STARTED MR.

                    LENTOL WITH REGARDING THE FACT THAT THIS DOESN'T SEEM TO HAVE ANY FISCAL

                    IMPLICATIONS.  IS THERE ANY REASON WHY WE DIDN'T DO THIS PARTICULAR

                    SECTION OF PUBLIC PROTECTION IN A SEPARATE STANDALONE BILL WITH PUBLIC

                    HEARINGS AND SO FORTH?

                                 MS. WALKER:  WELL, MR. PALUMBO, I BEG TO DIFFER.

                    THIS BILL DOES HAVE HUGE FISCAL IMPLICATIONS, PARTICULARLY AS IT RELATES TO

                    THE COST SAVINGS THAT WE WILL BE REAPING A BENEFIT FROM WITH RESPECT TO

                    NOT -- RELEASING INDIVIDUALS ON NONMONETARY CONDITIONS OR RELEASING

                    THEM ON THEIR OWN RECOGNIZANCE, AS OPPOSED TO THE EXPENSES OF PAYING

                    FOR THEIR PRETRIAL DETENTION.  HOWEVER, I'LL SAY THAT THE URGENCY OF THE

                    TIME IS RIGHT NOW FOR US TO ACT, BECAUSE WE KNOW THAT TOO MANY PEOPLE

                    ARE LANGUISHING IN JAILS AND, FOR INSTANCE, RIKERS ISLAND AND ALL ACROSS

                    OUR STATE, WHO HAVE NOT BEEN CONVICTED OF ANY CRIME.  AND,

                    PARTICULARLY SO WHEN I THINK ABOUT SANDRA BLANDI -- SANDRA BLAND,

                    SOMEONE WHO HAD NOT BEEN CONVICTED OF ANY CRIME WHO COMMITTED

                    SUICIDE.  AND WE SEE TOO MANY PEOPLE FALL INTO THIS PARTICULAR SITUATION

                    EACH AND EVERY DAY --

                                 MR. PALUMBO:  UNDERSTOOD.

                                 MS. WALKER:  -- SO I THINK THAT THE URGENCY OF THE

                    TIME FOR US TO DO THIS IS IMMEDIATELY.

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MR. PALUMBO:  I GOT IT.  NOW, WOULD YOU AGREE,

                    THOUGH, THAT THERE IS CERTAINLY A COST WITH RESPECT TO THE NONMONETARY

                    BAIL, SUPERVISION OF SOMEONE WHO IS RELEASED UNDER THIS PARTICULAR

                    STATUTE, THAT THERE ARE OUT-OF-CUSTODY DETAINEE SERVICES, MAYBE THROUGH

                    PROBATION, THAT THERE'S GOING TO BE SOME PRETRIAL RELEASE COSTS THAT

                    WOULD ALSO BE IMPLICATED.  SO, THERE'S A SAVINGS ON ONE SIDE, BUT THERE

                    ARE ALSO OTHER COSTS THAT MIGHT BE NECESSARY, AS WELL?

                                 MS. WALKER:  WELL, ABSOLUTELY.  THERE ARE COSTS

                    ASSOCIATED WITH IT AND, IN FACT, THIS BUDGET ACTUALLY DEALS WITH THOSE.

                    THERE ARE PROBATION SERVICES IN EVERY COUNTY ACROSS THE STATE OF NEW

                    YORK AND WE ARE ALWAYS CONSIDERING PRETRIAL ALTERNATIVES TO

                    INCARCERATION THAT WE HAVE PAID FOR FOR MANY YEARS HERE.  IN ADDITION TO

                    THAT, THERE ARE A NUMBER OF COST SAVINGS THAT WE ARE DEALING WITH WHEN

                    WE ARE UTILIZING THESE METHODS AS OPPOSED TO KEEPING PEOPLE CONTAINED

                    IN JAILS.

                                 MR. PALUMBO:  VERY GOOD.  NOW, REGARDING THE

                    ONE SECTION THAT REQUIRES LOCAL CRIMINAL COURTS TO SEND AN APPEARANCE

                    REMINDER AND NOTIFY THE ARRESTEE OF THEIR COURT APPEARANCE BY TEXT

                    MESSAGE, TELEPHONE CALL, ELECTRONIC MAIL OR FIRST-CLASS MAIL.  IS THAT

                    REQUIRED BY THE COURT ITSELF, OR CAN THEY HAVE ANOTHER AGENCY ASSIST IN

                    THAT MATTER?  THAT'S REALLY THE FIRST ASPECT OF THAT THAT I'D LIKE TO ASK.

                                 MS. WALKER:  WELL, THEY ARE ALLOWED TO HAVE

                    ANOTHER PRETRIAL SERVICE AGENCY TO DO THOSE.  BUT, IN FACT, MR. PALUMBO,

                    WE HAVE ALREADY BEGUN UTILIZING THESE METHODS IN NEW YORK CITY AND

                    THEY'VE BEEN WORKING OUT JUST FINE AND HAVE BEEN VERY SUCCESSFUL IN

                                         344



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    SECURING A DEFENDANT'S RETURN TO COURT, JUST IN ACCORDANCE WITH NEW

                    YORK STATE PRINCIPLES.

                                 MR. PALUMBO:  IT LOOKS AS THOUGH IT'S A MUST

                    STATUTE.  IF THE COURT FAILS TO PROVIDE THIS NOTIFICATION, WHAT IS THE

                    ALTERNATIVE OR WHAT IS THE SANCTION?  DOES THAT EXCUSE A

                    NONAPPEARANCE?  ARE THEY NOT AUTHORIZED TO THEN ISSUE A BENCH WARRANT

                    BASED UPON THAT NONAPPEARANCE?

                                 MS. WALKER:  I'M SORRY.  IF THE DEFENDANT DOES NOT

                    RECEIVE THE TELEPHONE CALL OR THE TEXT MESSAGE, OR IF THE ADMINISTRATIVE

                    AGENCY REFUSES TO DO SO, DOES THAT REQUIRE A BENCH WARRANT?

                                 MR. PALUMBO:  I'M SAYING A CLERICAL ERROR, BECAUSE

                    -- IS THIS EVERY COURT DATE THAT THE LOCAL CRIMINAL COURT MUST GIVE THEM A

                    REMINDER?

                                 MS. WALKER:  WELL, ACCORDING TO THIS BILL, THIS IS

                    ACTUALLY WHAT SHOULD TAKE PLACE; HOWEVER JUST LIKE, YOU KNOW, YOUR

                    DOCTOR WOULD REACH OUT TO YOU TO REMIND YOU THAT YOU HAVE A DOCTOR'S

                    APPOINTMENT, YOU APPEAR WHEN YOU HAVE TO, AND IT'S NO DIFFERENT HERE

                    IN THE CIRCUMSTANCE AND, IN FACT, A BENCH WARRANT IS NOT ISSUED UNLESS

                    THERE IS A WILLFUL DISREGARD FOR COURT APPEARANCES ON A CONTINUAL BASIS.

                                 MR. PALUMBO:  VERY GOOD.  WE'LL MEET AGAIN.

                                 MS. WALKER:  THANK YOU.

                                 ACTING SPEAKER AUBRY:  GOOD.

                                 MR. REILLY.

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

                    CHAIR YIELD?

                                         345



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN, WILL

                    YOU YIELD?

                                 MS. WEINSTEIN:  YES.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MR. REILLY:  THANK YOU, MS. WEINSTEIN.  I HAVE A

                    COUPLE OF QUESTIONS ON PUBLIC PROTECTION, AS WELL, IN REGARDS TO THE

                    MUST ISSUE DESK APPEARANCE TICKETS BY POLICE OFFICERS.  SO, DOES THE

                    DESK APPEARANCE TICKET REQUIREMENT PREVENT POLICE OFFICERS FROM TAKING

                    AN INDIVIDUAL TO THE PRECINCT FROM THE LOCATION OF OCCURRENCE?

                                 OH, I'M SORRY; OKAY, I'M SORRY.

                                 MS. WALKER:  I'M SORRY.  CAN YOU REPEAT YOUR

                    QUESTION?

                                 MR. REILLY:  SURE.  SO, DOES THE DESK APPEARANCE

                    TICKET REQUIREMENT PREVENT POLICE OFFICERS FROM TAKING AN INDIVIDUAL TO

                    THE PRECINCT FROM THE LOCATION OF OCCURRENCE?

                                 MS. WALKER:  NO.  I BELIEVE, YOU KNOW, MOST

                    RESPECTFULLY, THAT'S WHERE THE DESK IS LOCATED.

                                 MR. REILLY:  OKAY.  SO, WHAT CONSTITUTES A

                    REASONABLE OPPORTUNITY FOR A PRINCIPAL TO MAKE THEIR VERIFIABLE IDENTITY

                    KNOWN FOR A DESK APPEARANCE TICKET?

                                 MS. WALKER:  WELL, YOU CAN SEE WHAT TYPE OF ID

                    THAT AN INDIVIDUAL HAS AND PRODUCE IT; IN FACT, THAT'S WHAT MOST POLICE

                    OFFICERS DO IN NORMAL IDENTIFICATION STOPS AT THIS MOMENT.

                                 MR. REILLY:  YEAH, AT THIS MOMENT IF THEY DON'T

                    PROVIDE ID, THEY GO THROUGH THE SYSTEM.  THEY GET -- THE ARREST IS

                                         346



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    AFFECTED, SO THIS --

                                 MS. WALKER:  UNDER THE BILL, THAT WILL CONTINUE.

                                 MR. REILLY:  I'M SORRY.  SAY --

                                 MS. WALKER:  UNDER THIS PARTICULAR BILL, THAT WILL

                    CONTINUE.

                                 MR. REILLY:  BUT, NO, IT ACTUALLY -- NO, READING IT, IT

                    SAYS IF THEY CAN'T PROVIDE PHOTO ID, IT'S NOT REQUIRED.

                                 MS. WALKER:  I'M SORRY.  AN OFFICER IS NOT REQUIRED

                    TO ISSUE AN APPEARANCE TICKET IF THE PERSON CANNOT BE IDENTIFIED.  BUT IT

                    IS ALSO WORTH NOTING THAT THERE ARE VARIOUS DIFFERENT FORMS OF

                    IDENTIFICATION THAT CAN BE PROVIDED.  SOME COULD BE GOVERNMENT

                    ISSUED, IT COULD BE A BENEFIT CARD THAT GETS ISSUED, BUT IN ACCORDANCE

                    WITH PRINCIPLES OF COMMUNITY POLICING, THERE MANY INSTANCES WHERE A

                    POLICE OFFICER WILL IDENTIFY THE PERSON WHO IS COMING INTO THEIR

                    JURISDICTION AND BE ABLE TO IDENTIFY THEM IN THAT WAY, AS WELL.

                                 MR. REILLY:  WELL, OFTENTIMES -- AND I'LL REFER BACK

                    TO WHEN I WORKED IN MIDTOWN, IN MIDTOWN MANHATTAN IN MIDTOWN

                    NORTH, YOU KNOW, IT WAS A VERY -- IT WAS A TRANSIENT LOCATION SO WE --

                    OFTENTIMES PEOPLE THAT WERE PLACED UNDER ARREST AND BROUGHT BACK TO

                    THE PRECINCT DID NOT RESIDE OR WORK IN THE AREA.  SO, SOME OFFICERS MAY

                    NOT BE ABLE TO IDENTIFY THEM THAT WAY.  SO, THE QUESTION WAS, WHAT

                    WOULD CONSTITUTE GIVING THAT PRINCIPAL, THAT DEFENDANT, A REASONABLE, THE

                    REASONABLE TIME TO IDENTIFY THEM?

                                 MS. WALKER:  I DON'T BELIEVE THAT A TIME PERIOD

                    COMES INTO QUESTION HERE, IT'S WHETHER OR NOT THE PERSON CAN BE

                                         347



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    IDENTIFIED.  IF THEY CAN BE IDENTIFIED, THEN A DESK APPEARANCE TICKET IF,

                    UNDER THOSE PARTICULAR CIRCUMSTANCES, ARE WARRANTED, WILL BE GIVEN AT

                    THAT PARTICULAR POINT IN TIME.  IF THE PERSON'S IDENTIFICATION CANNOT BE

                    ASSESSED AT THAT PARTICULAR TIME, THE OFFICER'S NOT REQUIRED TO ISSUE A

                    DESK APPEARANCE TICKET.

                                 MR. REILLY:  OKAY.  STILL A LITTLE FUZZY WITH THE

                    REASONABLE TIME, BUT I CAN MOVE ON.  SO, IF AN INDIVIDUAL IS ARRESTED FOR

                    SHOPLIFTING AND DURING THE ARREST THE INDIVIDUAL RESISTS ARREST, WHICH ARE

                    BOTH MISDEMEANORS, WOULD THE POLICE OFFICER HAVE TO ISSUE A DESK

                    APPEARANCE TICKET EVEN THOUGH THE CONDUCT IS A LITTLE MORE SEVERE THAN

                    THE SHOPLIFTING?

                                 MS. WALKER:  IT WOULD BE AN APPEARANCE TICKET IN

                    THAT SITUATION.

                                 MR. REILLY:  WOW, OKAY.  SO IF THE PERSON -- AND I

                    WAS READING THE BILL, THE LANGUAGE OF THE BILL AND I UNDERSTOOD THAT IF

                    THE PERSON WAS INTOXICATED OR, YOU KNOW, MENTAL HEALTH ISSUES, A DESK

                    APPEARANCE DOESN'T HAVE TO BE ISSUED, AND ALSO IF, OF COURSE, DRIVING,

                    ANY -- ANY OFFENSE WHERE A COURT CAN SUSPEND A DRIVER'S LICENSE, I KNOW

                    THAT THEY CAN'T -- THE OFFICER WOULDN'T HAVE TO ISSUE A DESK APPEARANCE

                    TICKET.  SO THE QUESTION I HAVE IS, WHAT WOULD CONSTITUTE A REASONABLE

                    EFFORT IN THAT CASE WHEN THE PERSON MAY BE -- MAY BE INTOXICATED TO THE

                    POINT WHERE THEY CAN HARM THEMSELVES.  IT SAYS BEFORE MAKING THE

                    ARREST, THE OFFICER HAS TO MAKE A REASONABLE EFFORT TO GET THE PERSON THE

                    SERVICES AND ISSUE THE DAT.

                                 MS. WALKER:  WELL, PARTICULARLY, THERE IS AN

                                         348



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    INTEREST HERE IN ORDER TO NOT PERSECUTE OR PROSECUTE INDIVIDUALS BASED

                    ON THEIR MENTAL HEALTH CONDITION, OR THEIR HEALTH CONDITION.  SO, IF

                    THERE'S A CIRCUMSTANCE THAT MAY BE UTILIZED WHERE WE CAN GET THE

                    INDIVIDUAL MEDICAL ATTENTION, THEN WE BELIEVE MEDICAL ATTENTION IS

                    WARRANTED IN THAT PARTICULAR SITUATION.  BUT YOU ALSO BROUGHT UP THE

                    SITUATION REGARDING WHETHER OR NOT SOMEONE IS DRIVING WHILE

                    INTOXICATED.  OF COURSE, IF SOMEONE IS PULLED OVER AND CHARGED WITH

                    THAT PARTICULAR OFFENSE, WE DON'T WANT TO GIVE THEM A DESK APPEARANCE

                    TICKET --

                                 MR. REILLY:  OH, NO, I --

                                 MS. WALKER:  -- AT THAT PARTICULAR POINT IN TIME --

                                 MR. REILLY:  DEFINITELY.

                                 MS. WALKER:  -- SO THAT THEY COULD POTENTIALLY

                    HARM SOMEONE.  SO, WE HAVE ALSO REQUIRED -- DID NOT MAKE THE

                    REQUIREMENT THAT A POLICE OFFICER HAS TO ISSUE A DESK APPEARANCE TICKET

                    IN THOSE PARTICULAR CIRCUMSTANCES.

                                 MR. REILLY:  ABSOLUTELY.  I READ THAT, I FULLY

                    UNDERSTAND THAT ABOUT THE DRIVING OFFENSE, BUT MY QUESTIONS HINGE ON

                    WHAT CONSTITUTES A REASONABLE EFFORT AND A REASONABLE TIME BEFORE THE

                    OFFICER CAN CHANGE IT FROM A DESK APPEARANCE TICKET TO AN ACTUAL ARREST

                    AND THE INDIVIDUAL GET -- THE PRINCIPAL GOES THROUGH THE SYSTEM AND

                    GOES BEFORE THE COURT.  THAT'S THE ISSUE.

                                 MS. WALKER:  WELL, I BELIEVE THAT, YOU KNOW, A

                    REASONABLE PERSON WILL BE ABLE TO ASCERTAIN A REASONABLE TIME PERIOD

                    AND A REASONABLE SET OF CIRCUMSTANCES.  AND I RECOGNIZE THAT ALL OF

                                         349



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    THOSE ISSUES WILL SORT OF BE BASED ON WHATEVER GETS PRESENTED AT THAT

                    TIME, AND YOU GOT TO USE YOUR BEST JUDGMENT.

                                 MR. REILLY:  THAT'S A LARGE GREY AREA, ESPECIALLY

                    WHEN IT CAN WIND UP LEADING TO LAWSUITS AND ACCUSATIONS OF BEING

                    DETAINED FOR A LONGER PERIOD OF TIME.  SO, THAT'S JUST ONE OF THE

                    CLARIFICATIONS THAT I THINK SHOULD BE MADE.

                                 MS. WALKER:  I AGREE, HOWEVER, I DON'T BELIEVE THAT

                    THERE'S ANY DIFFERENT SET OF CIRCUMSTANCES IN THIS SITUATION AND IN ANY

                    PARTICULAR POLICE ENCOUNTER WHERE THERE MAY BE A MENTAL HEALTH

                    SITUATION THAT NEEDS TO BE ASSESSED, OR A HEALTH CARE SITUATION THAT NEEDS

                    TO BE ASSESSED.  SO, THIS ISN'T ADDING ANY ADDITIONAL REQUIREMENTS ON A

                    POLICE OFFICER HAVING TO UTILIZE THEIR REASONABLE SENSIBILITIES IN ORDER TO

                    DETERMINE WHETHER OR NOT THIS IS A SITUATION THAT MIGHT WARRANT THEM TO

                    TAKE AN ADDITIONAL STEP PRIOR TO MAKING THEIR ASSESSMENT AS TO WHETHER

                    OR NOT TO ARREST OR TO ISSUE A DESK APPEARANCE TICKET.

                                 MR. REILLY:  OKAY, FAIR ENOUGH.  THANK YOU.

                                 I JUST HAVE SOME OTHER QUESTIONS, WOULD THE CHAIR

                    YIELD?

                                 MS. WEINSTEIN:  I'D BE HAPPY TO.

                                 MR. REILLY:  THANK YOU.  I JUST WANT TO TOUCH ON

                    THE NEW YORK CITY MAYORAL CONTROL OF PUBLIC SCHOOLS.  I SEE IN THE BILL

                    THAT WE'RE ACTUALLY EXPANDING THE PANEL FOR EDUCATIONAL POLICY TO 15

                    MEMBERS?

                                 MS. WEINSTEIN:  CORRECT.

                                 MR. REILLY:  SO, WE'RE ADDING A -- A -- AN APPOINTEE

                                         350



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    THAT'S ELECTED BY THE PRESIDENTS OF THE COMMUNITY EDUCATION COUNCILS

                    THROUGHOUT THE CITY AND AN ADDITIONAL APPOINTMENT BY THE MAYOR; THAT'S

                    CORRECT?

                                 MS. WEINSTEIN:  YES.

                                 MR. REILLY:  SO WE GAVE THE MAYOR ANOTHER --

                    ANOTHER APPOINTMENT, AND WE ALSO -- I SEE IN THE LEGISLATION THAT IT

                    ALLOWS THE -- ANY APPOINTEE TO STILL BE REMOVED, BUT IT ONLY REQUIRES THE

                    APPOINTING AUTHORITY TO NOTIFY THE PUBLIC WITHIN TEN DAYS; IS THAT

                    CORRECT?

                                 (PAUSE)

                                 MS. WEINSTEIN:  I'M SORRY, I WAS JUST LOOKING AT

                    WHAT YOU WERE TALKING ABOUT, THE ADDITIONAL MAYORAL APPOINTEE TO THE

                    PEP.  RIGHT.  SO, IN TERMS OF THE REMOVAL OF A MEMBER FROM THE PEP,

                    WE'RE JUST TALKING -- YOU WERE ASKING, SO THE APPOINTING AUTHORITY SHALL

                    PROVIDE TO THE PUBLIC WRITTEN NOTICE OF THE REASONS AT LEAST TEN DAYS IN

                    ADVANCE OF THE REMOVAL.

                                 MR. REILLY:  SO IS THERE -- IS THERE ANY, LIKE, DEBATE

                    ABOUT THE PERSON BEING REMOVED, OR IS IT JUST WE'RE TELLING YOU THAT

                    WE'RE REMOVING THEM AND THAT'S IT?

                                 MS. WEINSTEIN:  IT'S THE REASONS WHY THE PERSON IS

                    -- IS PROPOSED TO BE REMOVED.

                                 MR. REILLY:  ALL RIGHT.  THANK YOU.

                                 ON THE BILL, PLEASE, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. REILLY:  SO, ON MAYORAL CONTROL, THIS IS

                                         351



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    PRESENTED IN THIS BILL AND, UNFORTUNATELY, IT'S NOT INCREASING

                    TRANSPARENCY OR ACCOUNTABILITY.  WE CAN PRETEND THAT WE'RE ADJUSTING

                    THE PEP AND IT'S GOT SOME TEETH, BUT UNFORTUNATELY IT DOESN'T.  AND,

                    ONCE AGAIN, WE'RE JUST ALLOWING RUBBER STAMPS BY THE PEP FOR POLICIES

                    WHERE WE CAN HAVE SOME REAL CHECKS AND BALANCES.  IT'S A MISSED

                    OPPORTUNITY AND YOU KNOW WHAT, HOPEFULLY WE WILL HAVE SOME

                    HEARINGS ON IT, BUT IF WE'RE EXTENDING THIS AS IS, IT FALLS -- IT FALLS SHORT

                    AND WE'RE ONCE AGAIN KICKING THE CAN DOWN THE ROAD.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MR. RAIA.

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

                    CHAIRWOMAN YIELD FOR SOME QUESTIONS?

                                 MS. WEINSTEIN:  YES, BE HAPPY TO.

                                 MR. RAIA:  THANK YOU.  YOU'RE DOING A WONDERFUL

                    JOB.  IT'S BEEN A LONG DAY AND I WON'T TRY TO BELABOR THIS --

                                 MS. WEINSTEIN:  LONG DAY AND A LONG NIGHT.

                                 MR. RAIA:  I'M GOING TO START OFF WITH... WELL, AN

                    INTERESTING QUESTION.  HOW IS IT THAT WE'RE VOTING ON TWO CHAPTER

                    AMENDMENTS FROM THE HEALTH AND MENTAL HYGIENE BILL THAT WE HAVEN'T

                    EVEN VOTED ON YET?

                                 MS. WEINSTEIN:  IT -- IT JUST HAPPENED THAT WE HAD

                    THE -- WE HAD THE MESSAGE OF NECESSITY ON THIS BILL AND NOT THE -- WE

                    DIDN'T YET HAVE IT ON THE MENTAL HEALTH BILL --

                                 MR. RAIA:  I HAVE NO PROBLEM BLAMING THE

                    GOVERNOR.  SO, IF THAT'S THE ANSWER, THEN I'M GOOD WITH THAT.

                                         352



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MS. WEINSTEIN:  YES.

                                 (LAUGHTER)

                                 MR. RAIA:  OKAY.  THANK YOU.

                                 TAX AND REGULATION OF VAPOR PRODUCTS.  NOW --

                                 MS. WEINSTEIN:  OH, VAPOR.  YES.

                                 MR. RAIA:  OH, I'M SORRY?

                                 MS. WEINSTEIN:  NO, SORRY.  I JUST DIDN'T HEAR

                    "VAPOR PRODUCTS."

                                 MR. RAIA:  I'M JUST TRYING TO GET --

                                 MS. WEINSTEIN:  VAPOR PRODUCTS, YES.

                                 MR. RAIA:  THE THOUGHTS ARE NOT MOVING AS QUICKLY

                    AS THEY SHOULD BE AT THIS HOUR, BUT WE'LL GET THROUGH IT.

                                 MS. WEINSTEIN:  NOT A PROBLEM.

                                 MR. RAIA:  THE TAX AND REGULATION OF VAPOR

                    PRODUCTS.  HOW -- I'VE HEARD THIS HOUSE A NUMBER OF TIMES DISCUSS THE

                    IMPORTANCE OF -- OF PROTECTING YOUNG PEOPLE FROM GETTING INVOLVED IN

                    -- IN VAPE PRODUCTS.  SOME PEOPLE WOULD SAY IT'S AN EPIDEMIC.  I

                    CERTAINLY DON'T WANT TO SEE YOUNG PEOPLE VAPING.  WHY IS IT THAT WE

                    REMOVED EVERY SINGLE BLOCK, ROAD BLOCK TO YOUNG PEOPLE STARTING WITH

                    -- STARTING TO VAPE?  FOR INSTANCE, ELECTRONIC -- I THINK THE ORIGINAL

                    BUDGET HAD ELECTRONIC AGE VERIFICATION.  I KNOW IN THE HEALTH

                    COMMITTEE WE -- YOU KNOW, WE PASSED OUT OF THE HEALTH COMMITTEE

                    RAISING THE SMOKING AGE FROM 18 TO 21.  WHAT'S THE RATIONALE FOR -- FOR

                    MAKING IT ACTUALLY, YOU KNOW, EASIER FOR YOUNG PEOPLE TO START VAPING?

                                 MS. WEINSTEIN:  WELL, WE -- WE DID PASS THE

                                         353



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    LEGISLATION THAT -- YET TO BE SIGNED, RAISING THE AGE FROM 18 TO 21.

                                 MR. RAIA:  SO THAT'S WHERE -- THAT'S -- SO, WE'RE

                    HOPING THE GOVERNOR SIGNS THAT?

                                 MS. WEINSTEIN:  WE'RE ASSUMING THAT -- YES.

                                 MR. RAIA:  OKAY.  AND THE ELECTRONIC AGE

                    VERIFICATION, ONE OF THE, PROBABLY, MOST USEFUL THINGS TO KEEP YOUNG

                    PEOPLE FROM VAPING?

                                 MS. WEINSTEIN:  I BELIEVE THAT WILL BE ONE OF THE

                    ITEMS THAT WE WILL LOOK AT POST -- POST-BUDGET.

                                 MR. RAIA:  I HOPE SO.  THANK YOU.

                                 NOW, THE 20 PERCENT SUPPLEMENTAL TAX ON THE RETAIL

                    SALE OF VAPOR PRODUCTS.

                                 MS. WEINSTEIN:  CORRECT.

                                 MR. RAIA:  WHERE'S THE REVENUE GOING?

                                 MS. WEINSTEIN:  IT -- IT'S -- THAT REVENUE IS NOT

                    DEDICATED.

                                 MR. RAIA:  IT'S NOT DEDICATED?

                                 MS. WEINSTEIN:  SO, IT'S --

                                 MR. RAIA:  I -- I THOUGHT IT WAS GOING INTO THE

                    TOBACCO CONTROL AND INSURANCE INITIATIVE POOL, WHICH IS DEDICATED TO

                    HCRA.

                                 MS. WEINSTEIN:  YES.  SO, RIGHT.  YES, CORRECT.  IT

                    GOES TO THE TOBACCO TAX.

                                 MR. RAIA:  MY MENTOR TOLD ME NEVER ASK A QUESTION

                    YOU DON'T KNOW THE ANSWER TO.  OKAY.  SO, IT IS DEDICATED --

                                         354



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MS. WEINSTEIN:  WELL, HE DIDN'T KNOW ABOUT THOSE

                    DRY CLEANING BAGS.

                                 (LAUGHTER)

                                 MR. RAIA:  SO, NONE OF IT'S GOING INTO THE GENERAL

                    FUND, THIS IS ALL GOING INTO A DEDICATED FUND --

                                 MS. WEINSTEIN:  CORRECT.

                                 MR. RAIA:  -- DEALING WITH HEALTH CARE.  THAT'S GOOD.

                                 MOVING ON TO THE EXCISE TAX ON THE SALE OF OPIOIDS.

                                 MS. WEINSTEIN:  OKAY.

                                 MR. RAIA:  LAST YEAR -- WELL, LET'S SEE, IN DECEMBER

                    2018, A MANHATTAN FEDERAL JUDGE RULED THAT WHILE THE CONCERNS DRIVING

                    NEW YORK'S DECISION TO ADOPT THE STEWARDSHIP PAYMENT WERE VALID, THE

                    MEANS BY WHICH THE STATE WOULD EXTRACT PAYMENTS FROM THE COMPANIES

                    VIOLATED THE UNITED STATES CONSTITUTION.  BASICALLY, THAT WAS A -- A FOR-

                    SALE TAX.  WE'VE STILL GOT A FOR-SALE TAX.  SO, HOW -- HOW IS THIS NOT

                    GOING TO PASS -- HOW IS THIS GOING TO PASS CONSTITUTIONAL MUSTER?

                                 MS. WEINSTEIN:  WELL, WE -- WE DO SUNSET THAT

                    LEGISLATION THAT'S THE SUBJECT OF -- WAS THE SUBJECT OF LITIGATION.  AND THE

                    ISSUE THAT THE -- THE COURTS FOUND WAS A PROBLEM IS REMOVED FROM THIS

                    PROPOSAL.

                                 MR. RAIA:  WHAT IS THE LANGUAGE THAT'S IN THE BUDGET

                    THAT WE ANTICIPATE WILL PASS CONSTITUTIONAL MUSTER?

                                 MS. WEINSTEIN:  WELL, WE REMOVED THE LANGUAGE

                    THAT -- IT -- THE BILL IS -- THE LANGUAGE IS SILENT AS TO PASSING THE COST ON

                    TO THE CONSUMER.

                                         355



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MR. RAIA:  SO, HOW ARE WE GOING TO PREVENT THE COST

                    FROM BEING PASSED ON TO THE CONSUMER?

                                 MS. WEINSTEIN:  WELL, WE -- WE WERE SUCCESSFUL

                    FROM THE -- IN REMOVING FROM THE GOVERNOR'S PROPOSAL THE EXPRESS

                    LANGUAGE THAT WOULD HAVE REQUIRED THE COST TO BE PASSED ON TO THE

                    CONSUMER.  INSTEAD, WE'RE SILENT ABOUT THAT.

                                 MR. RAIA:  OKAY.  SO, WE'RE KIND OF ROLLING THE DICE

                    AGAIN.  ARE THERE ANY CARVE-OUTS?  IS THERE ANYBODY EXEMPT FROM

                    PAYING THE --

                                 MS. WEINSTEIN:  YES --

                                 MR. RAIA:  -- OPIOID -- OPIOID TAX?

                                 MS. WEINSTEIN:  YES.  WE EXCLUDE HOSPICE AND

                    OASAS PROVIDERS, AS WELL AS DRUGS THAT ARE USED TO TREAT SUBSTANCE --

                    SUBSTANCE USE DISORDERS.

                                 MR. RAIA:  SO, PATIENTS WHO HAVE CHRONIC PAIN AND

                    APPROPRIATELY-PRESCRIBED MEDS FROM THEIR LICENSED HEALTH CARE

                    PROVIDER, PEOPLE RECOVERING FROM SURGERY, C-SECTION, HIP REPLACEMENTS,

                    MASTECTOMIES, CANCER AND CHRONIC PAIN FROM DEBILITATING DISEASES,

                    PHARMACISTS, HOSPITALS, AND EVEN THE MEDICAID PROGRAM.  SO,

                    ESSENTIALLY, WE'RE TAXING OURSELVES.  CORRECT?

                                 MS. WEINSTEIN:  YES, YOU KNOW -- I -- I GUESS YOU

                    COULD SAY THAT.

                                 MR. RAIA:  KIND OF WEIRD, RIGHT?  SO, ESSENTIALLY,

                    THIS IS A SIN TAX, OR I GUESS WE COULD CALL IT A "PAIN TAX."

                                 ON THE BILL, MR. SPEAKER.

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MS. WEINSTEIN:  SURE.

                                 MR. RAIA:  I DO -- I WILL HAVE ANOTHER QUESTION TO

                    CIRCLE BACK WITH, BUT --

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MR. RAIA.

                                 MR. RAIA:  ON THE BILL.  OKAY.  THIS IS A SIN TAX ON --

                    ON PAIN, ESSENTIALLY.  PEOPLE THAT ARE LEGITIMATE USERS OF -- OF A HEALTH

                    CARE TREATMENT THAT'S BEEN ORDERED BY A DOCTOR IN ORDER -- YOU KNOW,

                    THEY'RE BEING TAXED IN ORDER TO BRIDGE A REVENUE SHORTFALL BECAUSE THE

                    COURT SAID WE COULDN'T HAVE THAT MONEY, AND NOW WE'RE MAKING ANOTHER

                    RUN AT IT.  IT'S GOOD THAT, YOU KNOW, WE'RE GOING TO TRY AND GIVE THAT

                    $100 MILLION TO... TO OASAS AND -- AND -- AND, YOU KNOW, TRY AND PUT

                    THAT TO GOOD USE.  BUT CARVING OUT CERTAIN END USERS SEEMS TO BE

                    VALUING SOME PEOPLE OVER OTHERS, AND WE'RE BASICALLY SAYING THAT THEIR

                    PAIN IS NOT LEGITIMATE.  I JUST WANT TO POINT OUT THAT ALL PHARMACY

                    ASSOCIATIONS, THE CANCER SOCIETY, FAMILY PRACTITIONERS, THE MEDICAL

                    SOCIETY OF NEW YORK STATE, SENIOR CARE ASSOCIATIONS AND DISABILITY

                    RIGHTS CENTER ALL OPPOSE THIS.  BECAUSE WE'RE -- WE'RE TELLING PEOPLE

                    THAT, YOUR PAIN IS NOT WORTHY TO BE EXEMPTED FROM A TAX.  I HAVE A

                    PROBLEM WITH THAT, AND I HAVE A FEELING THIS IS NOT GOING TO PASS

                    CONSTITUTIONAL MUSTER, AND IT REALLY SHOULDN'T.

                                 MR. SPEAKER, WILL THE CHAIRWOMAN YIELD FOR ANOTHER

                    QUICK QUESTION?

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

                                 MR. RAIA:  THANK YOU VERY MUCH.  ON THE

                    COMMUTER TAX.  HOW MUCH IS IT GOING TO COST MY CONSTITUENTS TO DRIVE

                                         357



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    INTO THE -- INTO LOWER MANHATTAN?

                                 MS. WEINSTEIN:  YOU'RE TALKING ABOUT CONGESTION

                    PRICING?

                                 MR. RAIA:  YEAH --

                                 MS. WEINSTEIN:  RIGHT.  BECAUSE YOU SAY

                    COMMUTER --

                                 MR. RAIA:  CONGESTION PRICING, YES.

                                 MS. WEINSTEIN:  OKAY.  SO, IN THE SPIRIT OF HAVING

                    OTHER PEOPLE WHO HAVE SOME EXPERTISE IN SUPPORT OF THE MEASURE

                    ANSWER THESE QUESTIONS, I'M -- ASSEMBLYWOMAN PAULIN, CHAIR OF OUR

                    CORPORATIONS COMMITTEE, WILL BE HANDLING QUESTIONS REGARDING THE

                    MTA, THE CONGESTION PLAN, SO --

                                 MR. RAIA:  I'M TOTALLY COOL WITH THAT.

                                 MS. WEINSTEIN:  I'LL DEFER TO MS. PAULIN.

                                 MR. RAIA:  THANK YOU.

                                 MS. PAULIN, WOULD YOU YIELD FOR A COUPLE OF

                    QUESTIONS?

                                 MS. PAULIN:  I -- I'D BE HAPPY TO.  I'M HAPPY TO

                    STAND UP.

                                 (LAUGHTER)

                                 MR. RAIA:  I HEAR YOU.  I ALWAYS SAY IT'S LIKE FLYING

                    TO JAPAN WHEN WE HAVE A BUDGET NEGOTIATION.  BUT... SO, BASIC

                    QUESTION:  HOW MUCH IS THIS GOING TO COST MANY OF MY CONSTITUENTS?

                                 MS. PAULIN:  THE -- THE TOLL WILL BE DETERMINED BY

                    THE TBTA AFTER THEY GET ADVICE AND RECOMMENDATION FROM A COMMITTEE

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    THAT THEY'RE GOING TO SET UP CALLED THE TRANSIT [SIC] MOBILITY REVIEW

                    BOARD, AND THEN THAT RECOMMENDATION WILL GO BACK TO THE TBTA FOR

                    THEM TO ADOPT THE TOLL.

                                 MR. RAIA:  AT WHAT POINT DO WE HAVE A SAY IN

                    WHETHER OR NOT WE LIKE THE DOLLAR AMOUNT THAT THEY'RE GOING TO LEVY?

                                 MS. PAULIN:  I GUESS YOU HAVE A SAY RIGHT NOW,

                    ASSEMBLYMAN.

                                 MR. RAIA:  BUT WE DON'T KNOW HOW MUCH IT'S GOING

                    TO COST.  I -- I MEAN, AND THE --

                                 MS. PAULIN:  I --

                                 MR. RAIA:  GO AHEAD.

                                 MS. PAULIN:  YOU KNOW, THE -- THE COST WILL BE

                    DETERMINED ON TWO FACTORS:  ONE, THE -- YOU KNOW, WHAT WE DO IS WE

                    ESSENTIALLY SAY THAT $15 BILLION WORTH OF CAPITAL HAS TO BE RAISED FOR THE

                    2020-24 PLAN.  AND CONGESTION IN THE CITY OF NEW YORK IN THE CENTRAL

                    BUSINESS DISTRICT HAS TO BE REDUCED.  SO, BASED ON THOSE TWO FACTORS,

                    THIS ADVISORY BOARD WILL MAKE A RECOMMENDATION AS TO TOLLS, AS TO

                    DISCOUNTS AND CREDITS, AND THE -- BECAUSE THE CONGESTION PRICING

                    INFRASTRUCTURE IS GOING TO TAKE AT LEAST TWO YEARS TO SET UP, IT'S HARD TO

                    MAKE AN ASSESSMENT RIGHT NOW.  WE DO KNOW, HOWEVER, THAT GROUPS

                    LIKE FIX NEW YORK CAME UP WITH A PLAN THAT WAS SOMEWHAT SIMILAR TO

                    THE ONE THAT WE'RE ADOPTING IN TERMS OF THE... THE PARAMETERS, WHERE

                    THE... YOU KNOW, WHERE THE INFRASTRUCTURE WOULD BE INSTALLED, AND THE

                    FACT THAT IT WOULD BE 60TH -- INCLUDING 60TH AND BELOW, AND THEY CAME

                    UP WITH A FIGURE OF $11.52.  SO, WE IMAGINE IT'S GOING TO BE IN THAT

                                         359



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    RANGE.  BUT THE DETERMINATION WILL BE DECIDED WHEN IT'S CLOSER TO THE

                    TIME OF IMPLEMENTATION.

                                 MR. RAIA:  SO, WE HAVE A DOLLAR FIGURE WE WANT TO

                    ACHIEVE.  SO, IN A PERFECT WORLD IF EVERYBODY SEES THERE'S NOW A

                    COMMUTER TAX AND THEY DECIDE TO JUMP ON A TRAIN OR CARPOOL OR DO WHAT

                    HAVE YOU, AND WE ACHIEVE THE GOAL OF CONGESTION PRICING AND -- AND

                    KEEPING PEOPLE OUT OF LOWER MANHATTAN, THEN ESSENTIALLY, SOME PEOPLE

                    COULD BE PAYING A LOT MORE THAN $11.50.

                                 MS. PAULIN:  WELL, WE -- WE ALSO KNOW THAT THE

                    POPULATION IN THE CITY HAS GROWN, AND WE WOULD ASSUME THAT'S GOING TO

                    JUST CONTINUE.  SO WE DON'T REALLY HAVE A -- WE DON'T KNOW WHAT THE

                    EXPECTATION IS.  YOU KNOW, WE HAVE TWO GOALS.  AS I SAID, ONE GOAL IS

                    TO REDUCE THE CONGESTION.  WE, IN FACT, IN NEW YORK ARE -- IS THE -- I

                    MEAN, NEXT TO LOS ANGELES, IT'S THE MOST CONGESTED CITY IN THE UNITED

                    STATES, AND MAYBE THE WORLD.  AND SO, THE GOAL IS TO REDUCE THE NUMBER

                    OF CARS, AND THE GOAL IS TO RAISE REVENUE TO FIX THE SUBWAYS AND

                    MAINTAIN THE COMMUTER RAILS.

                                 MR. RAIA:  ARE THERE ANY CARVE-OUTS, PEOPLE THAT --

                    OR GROUPS THAT ARE EXEMPT?

                                 MS. PAULIN:  THERE ARE TWO GROUPS THAT ARE EXEMPT

                    BY THE LAW.  THAT'S PEOPLE WHO ARE DISABLED OR PEOPLE WHO ARE DRIVING

                    PEOPLE WHO ARE DISABLED.  AND THE OTHER GROUP IS EMERGENCY VEHICLES.

                    AND THAT'S DEFINED IN THE VEHICLE AND TRAFFIC LAW.  SO -- AND I CAN

                    READ THEM, IF YOU WANT.  DID YOU WANT?  NO?  OKAY.  THE OTHER CREDITS

                    AND DISCOUNTS WILL BE DETERMINED AGAIN BY THAT SAME SUBGROUP, THE

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    TRANSIT [SIC] MOBILITY REVIEW BOARD, MAKE RECOMMENDATIONS TO THE

                    TBTA, AND THEN THROUGH THAT SAME MECHANISM, THOSE DISCOUNTS AND

                    CREDITS WILL BE ESTABLISHED.

                                 MR. RAIA:  WE'RE VERY BLESSED TO HAVE SOME OF THE

                    WORLD'S BEST HOSPITALS IN THAT AREA OF MANHATTAN.  I THINK MY MOTHER'S

                    ACTUALLY HAD OVER 20 SURGERIES AT THE HOSPITAL FOR SPECIAL SURGERY.  A

                    LOT OF TIMES PEOPLE GO FOR SURGICAL PROCEDURES, THEY HAVE TO GO FOR

                    FOLLOW-UP.  THEY CERTAINLY CAN'T TAKE A TRAIN.  YOU KNOW, HEAVEN FORBID

                    A WOMAN THAT'S HAD A MASTECTOMY CERTAINLY DOESN'T WANT TO BE

                    BOUNCING INTO PEOPLE.  SO, THERE'S NOTHING FOR -- FOR INDIVIDUALS THAT ARE

                    COMING INTO THE CITY TO OBTAIN THE -- THE HIGH QUALITY OF -- OF HEALTH

                    CARE THAT'S OFFERED THERE?

                                 MS. PAULIN:  AGAIN, THE TRANSIT [SIC] MOBILITY

                    REVIEW BOARD IS AUTHORIZED TO LOOK AT A GROUP OF FACTORS, ONE OF WHICH

                    IS CALLED "HARDSHIPS," WHICH I WOULD ARGUE THAT THIS WOULD BE WHAT

                    YOU'RE SUGGESTING WOULD BE CLASSIFIED UNDER, AND THEY ARE -- YOU KNOW,

                    WE GIVE THEM THE AUTHORITY TO COME UP WITH THE PLAN OF WHAT WOULD BE

                    DISCOUNTED AND WHAT WOULD BE CREDITED.  AND THERE'S AN APPLICATION

                    PROCESS THAT THE TBTA WILL HAVE ALREADY SET UP FOR PEOPLE WITH

                    DISABILITIES, AND THAT SAME APPLICATION PROCESS WOULD BE USED FOR

                    WHATEVER -- WHATEVER CRITERIA WAS RECOMMENDED FROM THE TRANSIT [SIC]

                    MOBILITY REVIEW BOARD.

                                 MR. RAIA:  OKAY.  I -- I'M BLESSED TO HAVE AN

                    AWESOME TENANT THAT LIVES IN MY HOUSE.  HE'S A UNION STEAMFITTER.

                    EVERY DAY HE LEAVES AT 5:30 IN THE MORNING, COMES HOME 7:30 EVERY

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    NIGHT.  HE CAN'T TAKE THE TRAIN BECAUSE HIS TOOLS OF THE TRADE, HE -- HE

                    HAS TO KEEP WITH HIM.

                                 (BUZZER)

                                 THANK YOU, MR. SPEAKER.  I'LL -- I'LL CIRCLE BACK.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. RAIA:  OR I'LL EXPLAIN MY VOTE.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. LALOR.

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

                    CHAIRWOMAN YIELD?

                                 MS. WEINSTEIN:  YES.  BE HAPPY TO.

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN

                    YIELDS.

                                 MS. WEINSTEIN:  YES.

                                 MR. LALOR:  THANK YOU.  I WANT TO TALK VERY

                    QUICKLY ABOUT SECTION SSS OF THIS BILL, THE FILM TAX CREDIT.

                                 MS. WEINSTEIN:  SURE.

                                 MR. LALOR:  AND IN THIS BILL WE'RE EXTENDING BY

                    TWO YEARS THE FILM TAX CREDIT.  SO, WHEN WILL THAT END NOW?

                                 MS. WEINSTEIN:  2024.

                                 MR. LALOR:  SO, FIVE MORE YEARS AT $420 MILLION?

                                 MS. WEINSTEIN:  YES.

                                 MR. LALOR:  SO, WE'RE -- WE'RE BASICALLY --

                                 MS. WEINSTEIN:  BUT WE -- WE ALREADY -- WE'RE

                    EXTENDING IT, BUT IT STILL HAD TWO YEARS -- WE'VE ALREADY AUTHORIZED TWO

                    YEARS, SO --

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MR. LALOR:  RIGHT.  SO, WE'RE ADDING $840 MILLION

                    --

                                 MS. WEINSTEIN:  IN THE OUT-YEARS.

                                 MR. LALOR:  CORRECT.  AND FIVE YEARS TIMES $420

                    MILLION, WE'RE OVER $2 BILLION.  WHY THE FILM INDUSTRY?

                                 MS. WEINSTEIN:  THE NUMBER -- WHAT HAS

                    HAPPENED SINCE WE ESTABLISHED THIS -- THIS CREDIT IS WE'VE HAD AN

                    INCREDIBLE NUMBER OF JOBS CREATED AS A RESULT OF THIS -- THIS TAX -- THIS

                    TAX CREDIT.  IN BROOKLYN, IN QUEENS AND THE BRONX THERE ARE STUDIOS THAT

                    DIDN'T EXIST BEFORE.  THERE'S A TREMENDOUS AMOUNT OF ECONOMIC ACTIVITY

                    AND REVENUE THAT'S GENERATED BY THE -- THIS INDUSTRY BEING HERE IN NEW

                    YORK, UPSTATE NEW YORK, ALSO.  THIS IS AN IMPORTANT INDUSTRY FOR NEW

                    YORK STATE.

                                 MR. LALOR:  WHY IS THE AMOUNT $420 MILLION?  IT'S

                    -- IT'S A HUGE AMOUNT.  IT'S THE BIGGEST TAX CREDIT WE GIVE.  WHY -- WHY

                    THAT NUMBER?

                                 MS. WEINSTEIN:  IT'S -- IT'S -- AS I SAID, THIS IS A

                    TREMENDOUS ECONOMIC -- THE CREDIT BRINGS TREMENDOUS ECONOMIC

                    BENEFIT TO ALL PARTS OF NEW YORK STATE.  WE GET TREMENDOUS -- WE GET A

                    LOT OF REVENUE FROM THE EMPLOYEES, AS WELL AS ALL OF --

                                 MR. LALOR:  SURE.

                                 MS. WEINSTEIN:  -- THE LOCAL IMPACT.  AND THAT'S A

                    NUMBER THAT WE'VE BEEN ABLE TO SETTLE ON.

                                 MR. LALOR:  IS THERE A POINT OF DIMINISHING

                    RETURNS?  IN OTHER WORDS, IF WE GAVE THEM $300 MILLION INSTEAD OF

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    $420-, WE'D HAVE ANOTHER $120 MILLION TO USE FOR TAX RELIEF FOR OTHER

                    INDUSTRIES, WE COULD USE IT FOR TEACHERS, WE COULD USE IT FOR ALL KINDS OF

                    THINGS.

                                 MS. WEINSTEIN:  WELL, YOU KNOW --

                                 MR. LALOR:  WOULD WE LOSE ANY OF THIS ACTIVITY IF

                    WE WERE STILL GIVING AWAY $300 MILLION?  WE'D STILL BE THE LEADING

                    STATE.

                                 MS. WEINSTEIN:  AS -- AS YOU KNOW, A CREDIT IS OFF

                    OF THE INCOME, SO IT'S NOT LIKE WE HAVE THE DOLLARS TO SPEND.  THIS IS A

                    CREDIT OFF OF THE INCOME THAT IS GENERATED BY THIS --

                                 MR. LALOR:  NO.  IT'S ON THEIR BELOW-THE-LINE

                    PRODUCTION COSTS.  SO, WHATEVER THEY SPEND, WE GIVE THEM, IN NEW

                    YORK CITY, A 30 PERCENT REFUNDABLE TAX CREDIT.  OUTSIDE OF NEW YORK

                    CITY, WE GIVE THEM A 40 PERCENT REFUNDABLE TAX CREDIT.  WHICH MEANS

                    OFTEN THEIR TAX LIABILITY IN NEW YORK STATE IS ELIMINATED AND WE END UP

                    CUTTING THEM A CHECK.  WE CUT HOLLYWOOD FILMMAKERS A CHECK OUT OF

                    THE POCKET OF THE TAXPAYERS.

                                 MS. WEINSTEIN:  YOU KNOW, I JUST WANT TO GO BACK

                    TO, WE WERE TALKING ABOUT THE IMPACT IN -- IN THE STATE.  IT'S ESTIMATED

                    THAT THE -- THIS PROGRAM HAS GENERATED, I BELIEVE SINCE ITS EXISTENCE, 200

                    AND -- I'M NOT SURE OF THE EXACT TIMEFRAME, BUT 237,500 JOBS IN THE -- IN

                    THE STATE.

                                 MR. LALOR:  ARE THOSE FULL-TIME JOBS?

                                 MS. WEINSTEIN:  SOME MAY BE, SOME -- SOME

                    AREN'T --

                                         364



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MR. LALOR:  DO WE KNOW -- YOU'RE -- YOU'RE CITING

                    A NUMBER.  DO WE KNOW WHAT PERCENTAGE OF THEM OR HOW MANY ARE

                    FULL-TIME?  HOW MANY ARE YEAR ROUND?  HOW MANY PROVIDE HEALTH

                    INSURANCE?  OR HOW MANY ARE TEMPORARY?  IT'S A BIG NUT, $420 MILLION.

                    WE SHOULD KNOW WHAT WE'RE GETTING FOR IT.

                                 MS. WEINSTEIN:  OBVIOUSLY, SOME OF THESE... THE

                    ECONOMIC BENEFIT HAS BEEN $3.2 BILLION.  THE -- THE -- SOME OF THESE --

                    SOME OF THESE POSITIONS MAY BE FULL-TIME, SOME OF THEM ARE -- WILL RUN,

                    IF IT'S A SEVERAL-MONTH PRODUCTION, FOR... IF IT'S ONE OF THESE --

                                 MR. LALOR:  SURE --

                                 MS. WEINSTEIN:  -- TV SHOWS, A SERIAL, THE SHORTER

                    PERIOD OF -- BE A LIMITED PERIOD OF TIME.  IF A MOVIE IS BEING FILMED, IT

                    DEPENDS ON -- ON WHAT'S BEING FILMED --

                                 MR. LALOR:  I SEE.

                                 MS. WEINSTEIN:  -- AND FOR HOW LONG THAT FILMING

                    GOES ON.

                                 MR. LALOR:  ARE YOU FAMILIAR WITH THERE'S A STUDY

                    OUT OF MICHIGAN STATE, IT SAYS 2,763 SHORT-TERM FILM JOBS, WHICH IS A LOT

                    OF WHAT WE PRODUCE -- EXTRAS COUNT AS A JOB, CATERERS, SET-MAKERS --

                    2,763 OF THOSE JOBS EQUAL ONLY 250 FULL-TIME, YEAR ROUND JOBS.  THE

                    KIND OF JOBS THAT, YOU KNOW, CAN FEED A MIDDLE-CLASS FAMILY HERE IN

                    NEW YORK.  SO, WHEN WE -- WHEN WE CITE A BIG NUMBER, THAT'S REALLY A

                    VERY SMALL NUMBER OF FULL-TIME EQUIVALENTS.

                                 MS. WEINSTEIN:  WELL, A LOT OF THESE -- THESE

                    PEOPLE WILL -- WILL GO FROM JOB -- WILL GO FROM ONE SHOOT TO ANOTHER

                                         365



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    SHOOT, FROM ONE SHOW -- MAY WORK ON ONE SHOW AND WORK ON ANOTHER

                    SHOW.  YOU KNOW, I -- WHEN THIS TAX CREDIT FIRST GOT ESTABLISHED, I RECALL

                    WALKING WITH SOME OF MY BROOKLYN COLLEAGUES IN THE STEINER STUDIO,

                    WHEN THEY HEARD WHO WERE, PEOPLE WHO WERE WORKING THERE WERE JUST

                    ECSTATIC ABOUT THIS CREDIT.  I RECALL ONE WOMAN SAYING, WHO LIVED --

                                 MR. LALOR:  I'M SURE THEY WERE.  I'M SURE THEY

                    WERE.

                                 MS. WEINSTEIN:  ONE WOMAN WHO LIVED IN

                    BROOKLYN SAYING THIS IS THE FIRST TIME SHE'S NOT HAD TO GO TO WORK OUT OF

                    A HOTEL ROOM, THAT SHE'S BEEN ABLE TO WORK OUT OF HER OWN -- THAT SHE'S

                    ABLE TO STAY IN HER OWN APARTMENT AND HAVE A JOB HERE IN -- IN NEW

                    YORK CITY.  WE HEARD THAT THROUGH -- FOR MANY PEOPLE, THAT THEY'VE HAD

                    TO LEAVE -- THEY HAD TO LEAVE NEW YORK BEFORE THIS CREDIT, TO BE ABLE TO

                    GO TO A -- TO BE ABLE TO GO TO A SITE THAT -- WHERE THEY COULD WORK.

                                 MR. LALOR:  RIGHT.  AND YOU'D AGREE IF -- IF NEW

                    YORK STATE WAS PAYING 30 OR 40 PERCENT OF THE PRODUCTION COSTS OF A

                    MANUFACTURER, A PIZZERIA, A DRY CLEANER OR A PHARMACY, NAME YOUR

                    BUSINESS, THEY'D BE ECSTATIC ABOUT IT, ALSO.

                                 MS. WEINSTEIN:  WELL, YOU KNOW, THIS IS AN

                    INDUSTRY THAT'S A NATIONAL INDUSTRY THAT CAN GO -- NOT ONLY GO TO ANOTHER

                    STATE, BUT AS I SAID, THE PERSON -- A LOT OF PEOPLE WERE FILMING IN

                    TORONTO, WE WERE EXPORTING OUR -- OUR EMPLOYEES OUT OF NEW YORK

                    STATE.  IT'S A MOBILE INDUSTRY, AND WE'VE REALLY CAPTURED NEW YORK AS

                    THE CENTRAL HUB FOR SO MUCH OF THE FILMING THAT TAKES PLACE IN THE

                    COUNTRY, AND EVEN NATIONALLY.

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MR. LALOR:  RIGHT.  BUT IF WE ELIMINATED THIS, GOT

                    RID OF ALL $420 MILLION, WE'D STILL HAVE SOME FILM PRODUCTION HERE,

                    WOULDN'T WE?  I MEAN, LAW AND ORDER WAS HERE BEFORE THE CREDIT.  ONE

                    OF THE -- ONE OF THE SHOWS THAT IS SUBSIDIZED IS SATURDAY NIGHT LIVE.

                    SATURDAY NIGHT LIVE IS OLDER THAN I AM.  WE GIVE THEM $15-17 MILLION

                    A YEAR TO FILM IN NEW YORK.  IT WAS NEVER GOING TO BE "LIVE FROM

                    VANCOUVER, IT'S SATURDAY NIGHT."  IT'S ALWAYS BEEN "LIVE FROM NEW

                    YORK."  SO, WHY ARE WE GIVING THEM $15-17 MILLION EVERY YEAR?

                                 MS. WEINSTEIN:  ALL -- ALL OF THESE CREDITS ADD UP

                    TO INCREASED INCOME IN NEW YORK STATE.  INCREASED ECONOMIC ACTIVITY,

                    INCREASED INCOME.

                                 MR. LALOR:  IF YOU SPEND $420 MILLION, YOU'RE

                    GOING TO GET A TREMENDOUS AMOUNT OF ECONOMIC ACTIVITY.  DO YOU THINK

                    THERE'S AN OPPORTUNITY COST?  IN OTHER WORDS, IF WE TOOK THIS $420

                    MILLION IN TAX RELIEF ON ONE INDUSTRY AND GAVE IT, MAYBE, TO INDIVIDUALS

                    IN REDUCTIONS IN THE PERSONAL INCOME TAX, OR GAVE IT TO ANOTHER INDUSTRY,

                    OR REDUCED OTHER TAXES, THERE WOULD BE TREMENDOUS ECONOMIC BENEFIT,

                    ALSO?  JOBS CREATED?  CHIPS?  THAT'S FOR YOU, PHIL.

                                 MS. WEINSTEIN:  I MEAN, WE -- WE DO GIVE, I THINK,

                    OVER $1 BILLION IN MIDDLE-CLASS TAX CUTS AS PART OF THIS BUDGET, SO...

                                 MR. LALOR:  YOU KNOW, IN 2013 THE GOVERNOR

                    COMMISSIONED A STUDY TO STUDY THE TAX CODES.  STUDY THE SUBSIDIES.

                    AND THERE WAS AN ADDENDUM THAT WASN'T PUBLISHED BUT IT LEAKED OUT.

                    AND IF YOU -- IF YOU WILL, CAN I READ YOU A QUOTE FROM IT?  THESE ARE

                    GOVERNOR CUOMO'S OWN ECONOMISTS STUDYING --

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MS. WEINSTEIN:  I'VE -- I HAVE NOTHING ELSE TO DO --

                                 MR. LALOR:  -- THE --

                                 MS. WEINSTEIN:  -- ON THAT, SO --

                                 MR. LALOR:  -- TAX CODES.  GOOD.

                                 MS. WEINSTEIN:  I'M MORE THAN HAPPY TO LISTEN --

                                 MR. LALOR:  THAT'S $420 MILLION, ONE OF THE BIGGEST

                    THINGS THAT WE'RE GOING TO DO TONIGHT.  THE FILM PRODUCTION TAX CREDIT,

                    NOW GENERALLY 30 PERCENT OF QUALIFYING COSTS, IS LARGE RELATIVE TO

                    INDUSTRY PROFITS AND TAX LIABILITY BECAUSE THE CREDIT EXCEEDS TAX

                    LIABILITY MANY TIMES OVER AND IS REFUNDABLE, IN EFFECT, IS A PROGRAM OF

                    CASH PAYMENTS BY THE STATE TO CREDIT RECIPIENTS.  IT IS NOT CLEAR FROM

                    OUR ANALYSIS THAT THERE IS SUFFICIENT JUSTIFICATION FOR THE SIZE OF THE FILM

                    CREDITS.  THE STATE SHOULD CONSIDER SCALING BACK THE CREDITS AND

                    MONITORING THE FILM INDUSTRY CLOSELY TO DETERMINE THE IMPACT ON ITS

                    ACTIVITIES, SHOULD SUCH A CUTBACK OCCUR.  SO, THAT'S PROBABLY -- THAT'S

                    2013, SO THAT'S $2.5 BILLION TAX DOLLARS AGO.  I KNOW A LOT OF PEOPLE

                    WERE UPSET ABOUT AMAZON.  I WASN'T A FAN OF THE AMAZON DEAL.  THIS IS

                    BIGGER THAN THE AMAZON DEAL IN THE PAST.  IT'S GOING TO DOUBLE WHAT THE

                    AMAZON DEAL WAS.  AND, FOR THE MOST PART, AMAZON WAS GOING TO

                    CREATE FULL-TIME JOBS.  HERE, WE'RE TALKING ABOUT A LOT OF PART-TIME JOBS,

                    AND OVER FIVE YEARS, $2.5 BILLION.  WHY -- WHY IS THIS -- WHY IS THIS A

                    GOOD INVESTMENT?  I'M GOING TO VOTE AGAINST THIS.  YOU'RE THE

                    PROPONENT OF IT.  WHY -- WHY IS THIS A GOOD INVESTMENT OVER SOMETHING

                    ELSE?

                                 MS. WEINSTEIN:  I -- I HAVE SAID THAT THIS A -- I'LL

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    JUST REPEAT WHAT I'VE SAID, THAT THIS IS A -- A CREDIT THAT HAS PRODUCED

                    ECONOMIC ACTIVITY THROUGHOUT OUR STATE, IT HAS BROAD SUPPORT IN

                    COMMUNITIES AROUND THE STATE, AND WE ARE CONTINUING IT.

                                 MR. LALOR:  DO YOU REMEMBER A COUPLE OF YEARS

                    AGO SONY PICTURES WAS HACKED, SOME OF THEIR E-MAILS BECAME PUBLIC?

                    DO YOU REMEMBER THAT?

                                 MS. WEINSTEIN:  SURE.

                                 MR. LALOR:  THERE WAS A -- THERE WERE E-MAILS

                    FROM THE PRESIDENT OF SONY TO OTHER EXECUTIVES IN THE FILM INDUSTRY, OUR

                    GOVERNOR WAS GOING TO CALIFORNIA, HE RAISED $300,000 IN ONE NIGHT,

                    AND THESE HACKED E-MAILS THAT NO ONE WAS SUPPOSED TO SEE, BUT THEY

                    BECAME PUBLIC, SAID, HEY, WE HAVE TO RAISE $50 MILLION -- $50,000 FOR

                    GOVERNOR CUOMO'S FUNDRAISER HERE IN CALIFORNIA, EXPLICITLY BECAUSE

                    HE'S A DEFENDER OF THESE TAX CREDITS.  SO, HOLLYWOOD FILMMAKERS ARE

                    GIVING THOUSANDS OF DOLLARS TO A POLITICAL FIGURE, AND THEY'RE GETTING

                    BILLIONS BACK OVER TIME.  IS THAT TROUBLING TO YOU?

                                 MS. WEINSTEIN:  THE -- AS I SAID EARLIER, THE FILM

                    TAX CREDIT ENJOYS WIDE SUPPORT AMONGST COMMUNITIES AROUND OUR STATE

                    AND AMONGST MANY OF THE MEMBERS -- TREMENDOUS SUPPORT AMONGST

                    MEMBERS IN -- IN THIS HOUSE.

                                 MR. LALOR:  DID YOU READ THE STORY LAST MONTH

                    NOW, IN MARCH, THAT HBO LAID OFF 200 WORKERS IN LONG ISLAND?

                                 MS. WEINSTEIN:  NO, I --

                                 MR. LALOR:  THAT WAS BIG NEWS, 200 NEW YORKERS

                    LOST THEIR JOBS AT HBO.  HBO FROM 2014 TO 2017 RECEIVED $157

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    MILLION IN THIS SUPPOSEDLY GREAT JOB-CREATING ECONOMIC ENGINE THAT

                    WE'RE GOING TO EXTEND TO THEM.

                                 MS. WEINSTEIN:  I --

                                 MR. LALOR:  DO YOU THINK OF A COMPANY THAT LAYS

                    OFF --

                                 MS. WEINSTEIN:  I MUST HAVE MISSED THAT ARTICLE

                    THAT YOU'VE DESCRIBED.

                                 MR. LALOR:  OKAY.  DO YOU -- DO YOU THINK A

                    COMPANY THAT RECEIVES $157 MILLION, ABOUT -- ABOUT $30 MILLION A YEAR,

                    SHOULD LAY OFF EMPLOYEES IN OUR STATE?

                                 MS. WEINSTEIN:  YOU KNOW, I CAN'T COMMENT ON

                    SOMETHING THAT I DON'T HAVE KNOWLEDGE -- KNOWLEDGE OF.

                                 MR. LALOR:  WELL, LET'S BE HYPOTHETICAL.  A

                    COMPANY RECEIVES $125 MILLION OVER FOUR YEARS -- I'M SORRY, $157

                    MILLION OVER FOUR YEARS FROM NEW YORK STATE.  SHOULD THEY BE ABLE TO

                    LAY OFF EMPLOYEES IN NEW YORK STATE?  IS THAT A PROBLEM?  IT'S A

                    PROBLEM FOR ME.

                                 MS. WEINSTEIN:  YOU KNOW, WE CAN CERTAINLY LOOK

                    AT THAT -- THAT INSTANCE AND LOOK AT THE --

                                 MR. LALOR:  SHOULD WE LOOK AT THAT BEFORE WE

                    SPEND ANOTHER $420 MILLION EVERY YEAR FOR THE NEXT FIVE YEARS?

                                 MS. WEINSTEIN:  I -- IT'S A BROADER QUESTION ABOUT

                    TAX CREDITS IN GENERAL THAT -- THAT YOU'RE ASKING, THE ISSUE ABOUT

                    INCREASED TRANSPARENCY IN -- IN THESE -- IN CREDITS THAT ARE HAPPENING.

                    AND THE -- THE HBO CLOSING APPARENTLY IS THE -- CLOSING THEIR FACILITY IS

                                         370



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    PART OF A REORGANIZATION PLAN.  AND THEY -- THEY ARE, FOR THE BLOOMBERG

                    ARTICLE I'M READING, SOME OF THE APPROXIMATELY 200 EMPLOYEES WILL

                    TRANSFER TO NEW FACILITIES IN MANHATTAN FROM THE LONG ISLAND LOCATION.

                    SO, I'M NOT REALLY SURE THAT THEY'RE --

                                 MR. LALOR:  JUST -- IF YOU KEEP READING, SOME OF --

                    SOME OF THEM ARE LOSING THEIR JOB --

                                 MS. WEINSTEIN:  -- NOT LEAVING -- LEAVING OUR

                    STATE, THEY'RE JUST LEAVING THE ISLAND.

                                 MR. LALOR:  KEEP -- KEEP READING.  THEY'RE LEAVING

                    OUR STATE.  SOME ARE LEAVING OUR STATE.

                                 BUT I'LL -- BUT I'LL MOVE ON.  DO YOU KNOW ABOUT THE

                    DISNEY-FOX MERGER?  TWO BIG MEDIA COMPANIES ARE -- ARE MERGING --

                                 MS. WEINSTEIN:  YOU -- YOU OBVIOUSLY HAVE A LOT

                    MORE TIME THAN -- THAN I DO TO --

                                 MR. LALOR:  WELL, WE'VE GIVEN --

                                 MS. WEINSTEIN:  -- KEEP UP WITH SOME OF THE NEWS

                    SO I'M SORRY.

                                 MR. LALOR:  DISNEY AND FOX, WE'VE GIVEN $112

                    MILLION TO, THEY'VE ALREADY LAID OFF 20 PEOPLE.  THEY'RE GOING TO LAY OFF

                    3,000 MORE.  NOT ALL IN NEW YORK, BUT MY POINT IS, WE'RE GIVING THEM

                    LOTS OF MONEY.  THEY ARE THE BIGGEST RECIPIENT OF A TAX CREDIT.  THEY'RE

                    STILL LAYING OFF PEOPLE, THEY'RE MOSTLY CREATING PART-TIME JOBS.  I THINK

                    WE SHOULD LOOK AT REDUCING IT.  I THINK BEFORE WE EXTEND THIS TO $420

                    MILLION WE SHOULD KNOW HOW MANY ARE FULL-TIME, HOW MANY ARE

                    PART-TIME, HOW MANY HAVE HEALTH INSURANCE.  BUT THAT'S NOT THE CASE.

                                         371



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 I -- I APPRECIATE YOUR TIME.

                                 ON THE BILL VERY QUICKLY.

                                 MS. WEINSTEIN:  SURE.  THANK YOU.

                                 ACTING SPEAKER PICHARDO:  ON THE BILL, SIR.

                                 MR. LALOR:  THANK YOU.  THIS $420 MILLION IS NOT

                    IN A VACUUM.  WE LIFT IT OFF OF HOLLYWOOD AND WE PUT IT ON ORDINARY

                    NEW YORKERS.  THAT IS THE SIGNATURE PROBLEM IN THIS STATE.  THAT'S WHY

                    PEOPLE ARE LEAVING THIS STATE.  YEAH, HOLLYWOOD'S COMING IN WITH THEIR

                    PART-TIME JOBS, BUT REGULAR NEW YORKERS CAN'T FIND A JOB TO FEED THEIR

                    FAMILIES YEAR ROUND.  AND WE'RE GOING TO GIVE THE BIGGEST TAX CREDIT TO

                    THE MOST GLAMOROUS INDUSTRY AND SOME OF THE RICHEST PEOPLE.

                                 I THINK IT'S OUTRAGEOUS, AND I'M OPPOSED TO THIS BILL.

                                 ACTING SPEAKER PICHARDO:  MR. BARRON.

                                 MR. BARRON:  GOOD MORNING.

                                 ACTING SPEAKER PICHARDO:  GOOD MORNING.

                                 (LAUGHTER)

                                 MR. BARRON:  HOW ARE YOU?  STAY WOKE.  THAT'S

                    THE SAYING, STAY WOKE.  IT IS NO ACCIDENT THAT THE MOST IMPORTANT BILL

                    THAT WE HAVE TO VOTE ON IS COMING TO US AT 2:30 IN THE MORNING.  BUT

                    DON'T SLEEP ON THIS BILL.  DON'T SLEEP ON THIS BILL.  I CALL THIS, THE GOOD,

                    THE BAD AND THE UGLY.  THE GOOD -- AND WE SHOULD GIVE A HANDCLAP TO

                    THE COLLEAGUES OF OURS WHO DID THE CRIMINAL JUSTICE BILL.  THE BAIL, NO

                    CASH BAIL, THE DISCOVERY AND ALL THE PARTS OF THAT BILL WERE EXCELLENT.

                    LET'S GIVE THEM A HANDCLAP FOR THE WORK THAT THEY'VE DONE ON THAT BILL.

                                 (CLAPPING)

                                         372



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 YOUR HANDCLAP IS WEAK BECAUSE YOU'RE TIRED.  YOU'VE

                    GOT TO WAKE UP.  THAT'S THE GOOD.

                                 THE BAD IS WHAT THEY LEFT OUT.  THE BAD IS WHAT THEY

                    LEFT OUT.  SO, YOU'RE STUCK NOW.  ELEVENTH-HOUR WE HAVE TO MAKE A

                    DECISION.  AND YOU DON'T HAVE ENOUGH MONEY TO MAKE THE PROPER

                    DECISION, BECAUSE THEY LEFT OUT THE PIED-À-TERRE TAX, THE TAX OF THOSE RICH

                    PEOPLE WHO HAVE MILLION-DOLLAR HOMES.  AND YOU KNOW WHAT?  THEY

                    DON'T EVEN MIND BEING TAXED.  BUT FOR SOME REASON, THE LEADERSHIP GETS

                    TOGETHER, HAS SOME CONSTITUTIONAL DISCUSSION, AND ALL OF A SUDDEN THAT'S

                    GONE.  THAT'S A TAX THAT WOULD HAVE GENERATED $400- TO $600 MILLION,

                    GONE.  THE MILLIONAIRE'S TAX CREDIT, OR THE HIGH-EARNERS TAX DIDN'T GO FAR

                    ENOUGH.  THAT WOULD HAVE GAVEN -- GIVEN YOU MORE REVENUE.  AND

                    THEN, THE STOCK TRANSFER TAX THAT'S ALREADY IN PLACE, BUT THEY REBATE IT

                    BACK TO WALL STREET.  THAT $14 BILLION, IF WE COLLECTED THAT, YOU COULD

                    TAKE CARE OF EVERYTHING.  WE REFUSE TO COLLECT IT, EVEN DEBATE IT, DISCUSS

                    IT.  IT'S NEVER IN ANYTHING.  AND THEN EVERY TIME YOU WANT TO DO

                    SOMETHING, HOW ARE YOU GOING TO PAY FOR IT?  WHAT, YOU WANT TO TAKE IT

                    OUT OF EDUCATION?  THIS BILL NEEDS TO BE REJECTED, NO MATTER WHAT THE

                    CONSEQUENCES.  AT SOME POINT -- THIS IS WORSE THAN LAST YEAR, THIS

                    PROCESS.  AND WE HAVE THIS POLITICAL CHANGE, BUT IT'S WORSE THAN LAST

                    YEAR.  WE SHOULD NOT VOTE FOR A BILL THAT TREATS OUR CHILDREN LIKE THIS.

                    LAST YEAR THEY ONLY ALLOCATED $618 MILLION FOR THE FOUNDATION AID.

                    THAT'S WITH THE OPPOSITION PARTY, REPUBLICANS IN POWER.  GUESS HOW

                    MUCH THIS YEAR?  $618 MILLION, THE SAME THING.  AND FOR US IN THE BLACK

                    AND BROWN COMMUNITIES, WHERE THE COMMUNITY SCHOOLS ARE, YOU HAVE

                                         373



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    TO TAKE $50 MILLION OUT OF THAT.  SO IT'S DOWN TO $570 MILLION, AND THEY

                    OWE US $4 BILLION.  BOTH HOUSES SAID $1.2 BILLION.  HOW DOES BOTH

                    HOUSES AGREE TO THAT, AND THEN WE COME TO THE END AND WE HAD $618

                    MILLION.  THIS IS UNACCEPTABLE.

                                 MAYORAL CONTROL, HE FAILED US.  OUR CHILDREN THAT

                    GRADUATE ARE NOT PREPARED FOR COLLEGE OR A CAREER.  NO ONE PERSON

                    SHOULD HAVE DICTATORIAL CONTROL OVER A $30 BILLION BUDGET, 1.1 MILLION

                    CHILDREN, 1,800 SCHOOLS.  THAT IS ABSURD.  WE MUST END MAYORAL

                    CONTROL.  IT IS NOT WORKING.  HE SAID HE WANTS TO BE HELD ACCOUNTABLE.

                    HE'S THE MAYOR.  HE'S ACCOUNTABLE FOR EVERYTHING THAT HAPPENS IN THE

                    CITY.  HE WANTS POWER OVER THE CONTRACTS, THE $5 BILLION WORTH OF

                    CONTRACTS THAT COMES OUT OF THE EDUCATION BUDGET.

                                 WE SHOULD NOT ACCEPT THE COMMISSION.  I'M FOR

                    CAMPAIGN FINANCE.  WE SHOULD HAVE DONE A BILL AND PUT $60 BILLION,

                    WHATEVER, IF YOU HAVE THESE OTHER TAX REVENUE IN THERE AND BE -- HAVE IT

                    DONE LEGISLATIVELY, NOT THROUGH A COMMISSION.  WE SHOULD NOT ACCEPT

                    THAT.  SO, WHEN WE LOOK AT THESE COMPONENTS IN THE BILL, MAYORAL

                    CONTROL, CHEATING OUR CHILDREN, THEY DIDN'T EVEN WANT TO HELP US WITH

                    THE TAP GAP.  THERE'S A GAP FOR THE TAP STUDENTS.  CUNY CAN'T AFFORD

                    TO PAY THAT TAP GAP.  THEY SAID THEY DON'T HAVE MONEY.  REMEMBER

                    THEY DIDN'T HAVE MONEY AND THE GOVERNOR SAID HE WANTED THE EXCELSIOR

                    SCHOLARSHIPS FOR HIS UPPER-MIDDLE-CLASS STUDENTS?  HE FOUND $124

                    MILLION LAST YEAR, $118 MILLION THIS YEAR.  THEY FOUND MONEY FOR THAT.

                    EVERY TIME WE WANT TO DO SOMETHING, THEY CAN'T FIND THE MONEY.

                    UNLESS THE GOVERNOR WANTS SOMETHING, THE MONEY'S ALWAYS THERE.  THIS

                                         374



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    IS DISAPPOINTING THAT YOU HAVE THE POWER IN BOTH HOUSES, AND HE STILL --

                    STILL GETS OVER.  MAKE SURE YOU VOTE AGAINST HIS PAY RAISE.  HE STILL GETS

                    OVER.

                                 (LAUGHTER)

                                 HE STILL GETS OVER.  I'M APPEALING TO YOU, SOME OF YOU,

                    VOTE NO FOR THIS SO WE CAN SEND A MESSAGE THAT SOME OF US ARE NOT

                    GOING FOR THE LAST MINUTE "OKEYDOKE."  WE'RE NOT GOING FOR THE FACT THAT

                    YOU MIGHT SHUT DOWN THE GOVERNMENT.  THAT'S NOT GOING TO HAPPEN.

                    THERE'LL BE AN EXTENDER BILL, THAT'S NOT GOING TO HAPPEN.  SOME OF YOU

                    NEED TO VOTE NO TO SEND A MESSAGE THAT, WE'RE NOT GOING TO ALLOW YOU

                    TO DO THIS TO US EVERY YEAR, COME AT THIS HOUR, HOPING EVERYBODY'S TIRED

                    --  WAKE UP, I SEE YOU SLEEPING.

                                 (LAUGHTER)

                                 HOPING THAT EVERYBODY'S GOING TO BE TIRED, SO TIRED

                    THAT IF THE DEVIL CAME IN WITH A RESOLUTION THAT YOU WOULD PASS IT JUST TO

                    GET OUT OF HERE.  AS A MATTER OF FACT, HE MAY HAVE COME IN.

                                 (LAUGHTER)

                                 BUT ANYWAY, I'M JUST HOPING THAT SOME OF US COULD

                    JUST SAY NO, SO WE CAN LET PEOPLE KNOW IN THE FUTURE WE'RE NOT GOING TO

                    BE PUT THROUGH THIS EVERY YEAR, AND NOT HAVE OUR CHILDREN PROTECTED.

                    ON A VERY SERIOUS SIDE, THIS IS A REAL PROBLEM IN THE SCHOOLS IN NEW

                    YORK CITY, IN PARTICULAR.  WE HAVE TO DO SOMETHING ABOUT THAT.  THEY'RE

                    REALLY BAD.  I THINK THEY HAVE A DECENT CHANCELLOR, BUT THE MAYOR NEEDS

                    TO GET OUT OF THE WAY, BECAUSE HE KNOWS NOTHING ABOUT EDUCATION.

                                 SO, I JUST WANT TO URGE YOU TO DO THE THINGS THAT WE

                                         375



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    NEED TO DO TO SEND A MESSAGE.  SAY NO.  SOME OF US HAVE TO SAY NO.

                    THERE'S TOO MUCH UGLY IN THIS UGLY -- I LEFT SOME OF THE UGLY OUT.

                    THERE'S MORE UGLY IN IT.  I'M SURE THERE'S A LITTLE GOOD, BUT YOU'VE GOT TO

                    VOTE YOUR CONSCIENCE.  DON'T VOTE FOR YOUR PARTY.  DON'T VOTE FOR A

                    PERSON.  VOTE YOUR CONSCIENCE.  YOU KNOW -- SOME OF YOU I'M TALKING

                    TO IN THE HALLS, YOU KNOW THIS IS NO GOOD.  WHAT COULD WE DO?  VOTE

                    NO.  THAT'S WHAT YOU COULD DO.

                                 SO, I WANT TO APPEAL TO YOU TO DO THIS.  I WILL BE VOTING

                    NO FOR THIS BILL, AS I VOTED NO FOR EVERY BILL THAT CAME UP, BECAUSE I'M

                    DOING A PROTEST VOTE.  I'M SICK OF THIS.  I'M SICK AND TIRED LIKE FANNIE

                    LOU HAMER WAS.  I'M SICK AND TIRED OF US GOING THROUGH THE SAME THING

                    EVERY YEAR, AND NEVER DO THE RIGHT THING -- THE MAXIMUM AMOUNT OF

                    RIGHT THING FOR OUR PEOPLE, PARTICULARLY BLACK AND BROWN PEOPLE.  WE

                    HAVING IT ROUGH IN THIS STATE.  POVERTY.  YOU KNOW THEY HAVE $4.5

                    MILLION IN THE EMPIRE ANTI-POVERTY PROGRAM?  $4.5 MILLION OUT OF $175

                    BILLION?  THAT'S AN INSULT.  WE DON'T HAVE A BUDGET THAT PRIORITIZES

                    PEOPLE, IT PRIORITIZES PARTY POLITICS.  AND IT NEEDS TO STOP, AND IT CAN

                    HAPPEN WITH YOU.

                                 THANK YOU VERY MUCH.

                                 ACTING SPEAKER AUBRY:  MR. QUART.

                                 MR. QUART:  ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MR.

                    QUART.

                                 MR. QUART:  YES, GOOD MORNING.  I WANTED TO

                    SPEND A LITTLE TIME TALKING ABOUT THE CRITICAL CRIMINAL JUSTICE REFORM

                                         376



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    PIECES OF LEGISLATION IN THIS REVENUE BUDGET.  FIRST, THE LEGISLATION TO

                    REFORM OUR BAIL SYSTEM.  I THINK SOMETIMES IN A PIECE OF LEGISLATION,

                    WHAT'S NOT IN THE LEGISLATION IS AS IMPORTANT AS WHAT IS IN THE

                    LEGISLATION.  IN THIS BAIL REFORM LEGISLATION, YOU WILL NOT SEE THE WORD

                    "DANGEROUSNESS."  YOU WILL NOT SEE A PUBLIC SAFETY EXCEPTION.  AND OUR

                    SPEAKER DESERVES MUCH OF THE CREDIT FOR THAT FACT.  FIFTY-ONE YEARS THIS

                    BAIL STATUTE EXISTS, AND ALTHOUGH THE WORD "DANGEROUS" DOES NOT APPLY,

                    WE KNOW EACH AND EVERY DAY IN COURTROOMS ACROSS THE CITY AND STATE,

                    THAT A SUBJECTIVE VIEW OF DANGEROUSNESS, PUBLIC SAFETY, A BIAS EXISTS

                    EACH AND EVERY DAY IN OUR COURTROOMS.  LET'S CALL IT WHAT IT IS:

                    DISCRIMINATION, DISPROPORTIONAL AGAINST PEOPLE OF COLOR.  THAT WORD

                    APPEARS NOWHERE IN THIS BAIL LEGISLATION, IT'S BECAUSE OF THE WORK OF THIS

                    HOUSE.  UNFORTUNATELY, IN FORGING THAT SUCCESS IN THIS LEGISLATION, WE

                    WERE NOT ABLE TO ACHIEVE THE COMPREHENSIVE BAIL REFORM THAT MANY OF

                    US FOUGHT FOR.  WE WERE NOT ABLE TO END CASH BAIL.  MISDEMEANORS ARE

                    STILL ALLOWED IN CERTAIN INSTANCES.  AND WE STILL KEEP THE FALSE BINARY

                    CHOICE BETWEEN VIOLENCE AND NONVIOLENCE, INSTEAD OF RETURNING TO A

                    TRUE RISK-OF-FLIGHT ANALYSIS.  SO, THERE IS MUCH WORK STILL TO BE DONE

                    GOING FORWARD IN YEARS AHEAD.  AND WE MUST ALSO LOOK OUT OF THIS BODY

                    TO OUR FRIENDS, THE DISTRICT ATTORNEYS THROUGHOUT THE 62 COUNTIES, AND

                    ASK THEM TO REFORM THEMSELVES, TO GO BEYOND WHERE WE HAVE GONE.

                                 BUT I DID WANT TO SPEND THE BULK OF MY TIME TALKING

                    ABOUT THE CRITICAL SUCCESS OF THIS LEGISLATION, THIS PACKAGE OF LEGISLATION,

                    AND THAT IS, THE SEMINAL REFORM OF OUR DISCOVERY LAWS IN THE STATE OF

                    NEW YORK.  TO CHAIRMAN LENTOL AND THE LEADERSHIP OF THE ASSEMBLY,

                                         377



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    REMARKABLE PROGRESS IN THIS AREA, SO MANY YEARS IN THE WAITING.  WE

                    HAVE AN UNJUST AND UNFAIR DISCOVERY SYSTEM.  ONE THAT PUNISHES POOR

                    PEOPLE BECAUSE THEY LANGUISH IN COUNTY JAILS, NOT KNOWING THE

                    INFORMATION AGAINST THEM.  THEY TAKE PLEAS, AS OUR STATE BAR

                    ASSOCIATION IN THEIR REPORT SAID, WE HAVE A SYSTEM OF PLEAS, NOT TRIALS

                    IN THIS STATE.  IN PART, BECAUSE PEOPLE ARE IN COUNTY JAILS, OFTEN ON LOW-

                    LEVEL MISDEMEANORS, SOMETIMES FELONIES, BUT THEY DO NOT KNOW THE

                    EVIDENCE AGAINST THEM.  THIS BILL CHANGES THAT.  AND IT CHANGES THAT IN

                    A REAL WAY.  IT MOVES US FROM THE BOTTOM OF THE PACK TO MAYBE ONE OF

                    THE TOP STATES IN THIS COUNTRY ON THE TRUE FLOW OF INFORMATION TO

                    DEFENDANTS, POOR PEOPLE THROUGHOUT THIS STATE.

                                 BUT I THINK IT'S WORTH TALKING A LITTLE BIT -- I KNOW THE

                    HOUR IS EARLY IN THE MORNING -- ABOUT HOW WE GOT INTO SUCH A MESS ON

                    DISCOVERY IN THIS STATE.  THINK ABOUT IT.  IN THE MID-1970S AND BEYOND,

                    WE HAD EVIDENTIARY HEARINGS, WE HAD SUPPRESSION HEARINGS, POLICE

                    OFFICERS GAVE TESTIMONY, EVEN DEPOSITIONS.  HOW WAS IT THAT WE MOVED

                    TO A SYSTEM OF TRIAL BY AMBUSH; THAT ONLY ON THIS DAY DO WE FINALLY FIX

                    25, 30 YEARS LATER?  THERE ARE SO MANY CULPRITS IN THIS SAD STORY.  BUT I

                    THINK YOU HAVE TO GO BACK TO 1982 AND LOOK AT SOMEWHAT OF THE HISTORY

                    OF THIS FLAWED AND DEEPLY HURTFUL POLICY ON BROKEN WINDOWS POLICING.

                                 IN 1982, A WIDELY UNREAD LAW REVIEW ARTICLE ABOUT

                    BRINGING FORTH BROKEN WINDOWS POLICING PICKED UP STEAM THROUGHOUT

                    THE 1980S, 1990S, FIRST TRIED IN THE NEW YORK CITY SUBWAY SYSTEM.  IN

                    1994, WIDESPREAD THROUGHOUT THE NEW YORK CITY.  1995, MY

                    CONSTITUENT, BILL BRATTON, THE POLICE COMMISSIONER, ON HIS FIRST TOUR

                                         378



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    EXPLAINED WHAT THE PURPOSE OF BROKEN WINDOWS POLICING WAS.  IT

                    WASN'T TO INCARCERATE, NOT EVEN IN COUNTY JAILS.  IT WAS TO DOCUMENT, TO

                    TAG, TO DNA SWAB, TO DO EVERYTHING YOU CAN TO CATALOG THOSE PEOPLE.

                    AND WE'LL GET TO IN A SECOND WHO THOSE PEOPLE WERE.  THE POINT WAS TO

                    COLLECT INFORMATION.  BUT NOT INFORMATION TO BE SHARED WITH DEFENSE

                    ATTORNEYS, INFORMATION TO BE USED ONLY BY THE NYPD OR STATE TROOPERS

                    THROUGHOUT THE STATE TO GATHER INFORMATION ON PEOPLE.  BECAUSE THERE'S

                    A PREDICTIVE MODEL THEY BELIEVE THROUGH THAT FLAWED AND DEEP -- DEEPLY

                    UNCONSTITUTIONAL SYSTEM, THAT THE MORE INFORMATION YOU GET ON

                    SOMEONE, THE MORE YOU CAN PREVENT CRIME IN THE FUTURE.  AND THE

                    NUMBERS SPIRALED OUT OF CONTROL.  THIS IS A THESIS PROFESSOR ISSA

                    HAUSMANN AT YALE UNIVERSITY LAW SCHOOL IN HER SEMINAL BOOK CALLED

                    MISDEMEANOR LAND, 1994 AT THE START OF STOP-AND-FRISK, 187,000

                    MISDEMEANOR ARRESTS IN NEW YORK CITY.  2010, 292,000 MISDEMEANOR

                    ARRESTS IN NEW YORK CITY, AN INCREASE OF 105,000 MISDEMEANOR ARRESTS.

                    IMAGINE THAT.  THE EXPANSION OF THE GOVERNMENT OVER ITS CITIZENS, THE

                    DEPRAVATION OF DUE PROCESS BASED UPON THE TAGGING, THE TARGETING OF

                    PEOPLE, IT SHOULD SCARE BOTH LIBERAL AND CONSERVATIVE ALIKE.  THE

                    AWESOME POWER OF THE GOVERNMENT OVER ITS CITIZENS THROUGH THE TAKING

                    OF INFORMATION.  AND IT'S THAT INFORMATION THAT WE CAN DO SOMETHING

                    ABOUT IN THIS BILL TODAY.  IT CAN CHANGE THE SYSTEM, BUT IT CAN'T CHANGE

                    EVERYTHING.  IF YOU LOOK AT AS IT SPIRALED OUT OF CONTROL UNDER

                    COMMISSIONER RAY KELLY, 5-, 600,000 PEOPLE ARRESTED.  THINK ABOUT

                    HOW IT STOPPED.  THE CASE LAW ABOUT STOP-AND-FRISK IN NEW YORK CITY.

                    BUT WAS IT THE MAYOR'S OFFICE OF CRIMINAL JUSTICE SYNTHESIZING

                                         379



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    INFORMATION, GLEANING FROM IT CLEARLY THE DISPROPORTIONAL IMPACT ON

                    PEOPLE OF COLOR?  NO.  WAS IT THE LOWER SUPREME COURTS IN NEW YORK

                    OR KINGS COUNTY, THE APPELLATE DIVISION 1ST OR 2ND DEPARTMENT?  NO.

                    IT WAS A FEDERAL JUDGE WITH NO NATURAL JURISDICTION OVER STOP-AND-FRISK,

                    JUDGE SCHEINDLIN, WHO SAID IN JURY -- IN CONTEMPLATION AND

                    CONSIDERATION OF A FLAWED POLICY TO EXPAND THE POLICE STATE OVER PEOPLE

                    OF COLOR, MOSTLY BLACK MEN.  IT WAS JUDGE SCHEINDLIN WHO FINALLY PUT A

                    STOP TO THIS PRACTICE.  AND THE NYPD WAS RIGHTLY CRITICIZED.  AND RIGHT

                    NOW THEY OPERATE UNDER A, QUOTE, UNQUOTE, "RECALIBRATED SYSTEM OF

                    STOP-AND-FRISK."  BUT IT OCCURS TO ME SOMETHING IN THE FREE-FLOW OF

                    INFORMATION THAT HAPPENED BOTH UNDER STOP-AND-FRISK, BUT MORE

                    EXPANSIVELY WITH THIS BILL TODAY.  THERE WAS ONE GROUP OF

                    PROFESSIONALS, ONE GROUP, WHO SOMEHOW ESCAPED JUDGMENT, WHO WERE

                    NEVER CRITICIZED TO THE EXTENT, WHO SOMEHOW NEVER GOT THE REBUKE THAT

                    THE NYPD DID FOR THEIR EXPANSION OF STOP-AND-FRISK:  THE PROSECUTORS.

                    WHEN YOU ARREST SOMEONE, THAT ARREST DOCUMENTATION, WHATEVER IT IS, IT

                    DOESN'T GO INTO THE ETHERLAND OF NOWHERE, IT GOES TO PROSECUTORS.  AND

                    WHAT DID THEY DO WITH THAT INFORMATION?  PROFESSOR STEVE ZEIDMAN AT

                    CUNY LAW SCHOOL -- THIS IS NOT MY THESIS, IT'S HIS -- IT WENT TO

                    PROSECUTORS WHO WENT TO CRIMINAL COURT.  IT WAS A PASSTHROUGH.  THINK

                    ABOUT IT.  AND IN THE COUNTY I COME FROM, NEW YORK COUNTY, WE HAVE

                    A FANCY NAME FOR IT, PHONE IT IN.  NYPD OFFICERS DON'T EVEN HAVE TO

                    PROVIDE MUCH WRITTEN INFORMATION.  AND IN THE NAME OF AVOIDING

                    NYPD OVERTIME PAY, WHAT DO THEY DO?  THEY PHONE IT IN.  WE ALSO

                    HAVE FANCY NAMES FOR IT:  ECAB, EARLY CASE ASSESSMENT BUREAU IN

                                         380



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    NEW YORK COUNTY.  THE EXTENT THAT THAT TRULY IS SOME VETTING OF THE

                    INFORMATION THAT POLICE OFFICERS GIVE, INFORMATION DOCUMENTATION.  I

                    CAN ASSURE YOU NOTHING IS FURTHER FROM THE TRUTH.  HALF INFORMATIONS.

                    MINISCULE STATEMENTS OF FACT.  FURTIVE MOVEMENT.  5-, 600,000 PASSED

                    ALONG, PROSECUTED INTO WHAT PROFESSOR HAUSMANN CALLED MISDEMEANOR

                    LAND.  THE PROSECUTION, THE PUNISHMENT OF POVERTY EACH AND EVERY

                    DAY.  WHY?  BECAUSE OF THE LACK OF INFORMATION AND DOCUMENTATION

                    THAT WENT ALONG WITH PROBABLE CAUSE ARRESTS, AND THEN WAS PROSECUTED

                    CONTINUOUSLY IN OUR COURTROOMS THROUGHOUT NEW YORK CITY.  THE

                    PROSECUTORS, THEY ESCAPED THEIR JUDGMENT DAY, THE NYPD DID NOT.

                                 THE REASON I TALK ABOUT THESE ISSUES IS IT'S NOT A

                    TECHNICAL ISSUE, IT'S NOT A TECHNICAL MATTER.  THESE ARE OUR CONSTITUENTS,

                    THESE ARE OUR CITIZENS.  THESE ARE NOT RIGHTS THAT WE GIVE THEM, THESE

                    ARE RIGHTS 20 MILLION NEW YORKERS IMBUED BY OUR STATE CONSTITUTION

                    ABUSE BECAUSE THE FREE-FLOW OF INFORMATION AND DOCUMENTATION NEVER

                    OCCURRED IN OUR CITY AND STATE.  THIS BILL THAT CHAIRMAN LENTOL HAS

                    FOUGHT SO HARD FOR WILL GO TO FIX A LOT OF THAT.  BUT IT CAN'T FIX

                    EVERYTHING.  SO MUCH OF THE INFORMATION AND THE DOCUMENTATION THAT

                    GOES TO ARRESTS, INCARCERATION, IS NEVER WRITTEN DOWN, IS NOT KNOWN.  IN

                    WHAT SHOULD BE PARAGRAPHS, THERE ARE SENTENCES.  IN WHAT SHOULD BE

                    VIDEOTAPE OR DEPOSITIONS OF SOME TYPE NEVER EXISTS.  IT'S A PASS-ALONG

                    SYSTEM BASED UPON A LACK OF INFORMATION.  WE DO MUCH HERE TO FIX THAT,

                    BUT WE CAN'T DO EVERYTHING.

                                 AND WHY IS THIS IMPORTANT?  HOW DOES THIS WORK INTO

                    THE LARGER SENSE OF CRIMINAL JUSTICE AND THE REFORM OF OUR SYSTEM?  ONE

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    OF MY FAVORITE MUSEUMS IN THE CITY OF NEW YORK IS THE NEW YORK

                    HISTORICAL SOCIETY.  IT'S ON THE OTHER SIDE OF CENTRAL PARK.  AND WHY I

                    LOVE THAT MUSEUM IS BECAUSE IT GIVES YOU, AS ASSEMBLYMEMBER BARRON

                    SAID, THE GOOD, BAD AND THE UGLY.  IT'S DOESN'T HIDE THE UGLINESS OF NEW

                    YORK CITY, THE -- THE GOOD POLICIES AND THE BAD POLICIES.  AND ONE SUCH

                    EXHIBIT TALKS ABOUT THE SLAVE TRADE AND THE SLAVE LAWS THAT EXISTED IN

                    NEW YORK STATE.  WE ALL LIKE TO THINK THAT WE WERE AN ABOLITIONIST

                    STATE, AND IT IS TRUE.  BUT WE WERE ALSO A SLAVE STATE, OF SLAVE LAWS.  AND

                    ONE OF THOSE LAWS IN 1806, 213 YEARS AGO, WAS THE LAW ABOUT WHAT

                    SLAVES COULD AND COULD NOT SAY IN A COURT OF LAW.  AND WHAT IT WAS IS,

                    SLAVES COULD ONLY TESTIFY AGAINST OTHER SLAVES.  THEY COULD NOT TESTIFY

                    AGAINST FREED PEOPLE -- EXCUSE ME, AGAINST THE RULING CLASS.  AND IT

                    OCCURS TO ME SOMETHING THAT IS CLEARLY OBVIOUS, AND HAS BEEN OBVIOUS

                    SINCE THE FOUNDING OF OUR COUNTRY OR BEFORE THE FOUNDING OF THE

                    COUNTRY RIGHT UP TO THE DAY WE PASS THIS PIECE OF LEGISLATION, THAT THOSE

                    WHO SOUGHT TO CONTROL ONE SET OF POPULATION, THOSE WHO WEREN'T FREE,

                    DID SO BY USE OF THE COURT.  AND HOW DID THEY DO SO?  THEY DID SO BY

                    LIMITING THE TYPE OF INFORMATION THAT COULD BE USED IN A COURT OF LAW.

                    WHAT WE DO TODAY IS IMPORTANT IN AND OF ITSELF - WE CALL IT ARTICLE 245 -

                    BUT IT'S MORE IMPORTANT BECAUSE IT IMPLICITLY REJECTS THAT.  IT UNDERSTANDS

                    THAT CONTROL OF THE COURTROOM -- CONTROL OF THE INFORMATION IN THE

                    COURTROOM IS THE CONTROL OF ONE PEOPLE OVER ANOTHER.  TODAY WE TAKE A

                    SEMINAL STEP IN STOPPING THAT.

                                 I LEARNED THE MOST FROM A GOOD FRIEND WHO PASSED

                    AWAY LAST MONTH.  HE TAUGHT ME MORE ABOUT HOW TO TRY A CASE AND HOW

                                         382



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    TO TALK TO JURORS THAN ANYBODY ELSE THAT I'VE EVER MET.  JOE HYNES WAS A

                    GOOD MAN, A FRIEND AND A GOOD DISTRICT ATTORNEY, NOT A MAN WITHOUT

                    FAULTS.  HE TAUGHT NOT JUST MYSELF, BUT I'M SURE OTHER PEOPLE IN THIS

                    CHAMBER, HOW TO TRY CASES, TRIAL ADVOCACY AND HOW TO TRY -- AND HOW TO

                    TALK TO JURORS.  AND 23 YEARS AGO, I REMEMBER THE SAGE ADVICE JOE

                    HYNES GAVE ME.  AND I REMEMBER IT LIKE IT WAS YESTERDAY, OR TODAY.  HE

                    SAID, DAN, ALWAYS REMEMBER THIS, YOU'RE A NOBODY.  SOME DAY YOU'LL BE

                    A SOMEBODY, BUT UNTIL THAT DAY QUOTE SOMEBODY FAMOUS.  THE JURY WILL

                    THINK YOU'RE SMART.

                                 JOHN ADAMS, THE SECOND PRESIDENT OF THE UNITED

                    STATES, WAS ONE OF THE GREATEST TRIAL LAWYERS THIS COUNTRY EVER

                    PRODUCED.  HE DEFENDED BRITISH SOLDIERS WRONGFULLY ACCUSED OF

                    MURDERING COLONISTS.  THEY DIDN'T DO IT.  HE SPOKE AT THE BRITISH

                    COMMONS AND HE TALKED TO THEM ABOUT INFORMATION AND ABOUT THE CASE.

                    AND HE SAID, YOU CANNOT RELY ON EMOTION.  YOU HAVE TO PUT THAT ASIDE.

                    ABIGAIL MAY HAVE GAVE HIM THE LINE, BUT IT WAS A GOOD ONE ANYWAYS.

                    BUT HE LOOKED AT THE JURORS, THE GRAND JURORS AT THE TIME, AND OF COURSE

                    THEY WERE ALL WHITE MEN.  BUT HE LOOKED AT THEM AND HE SAID, ALWAYS

                    REMEMBER THIS:  PASSIONS MAY RISE, EMOTIONS MAY RISE AS WELL.  BUT

                    REMEMBER THIS, JURORS, FACTS ARE A STUBBORN THING.

                                 THE BILL-IN-CHIEF THAT WE DEAL WITH TODAY DEALS WITH

                    THE DISSEMINATION OF FACTS, FROM OUR COURTROOMS TO OUR SYSTEM OF LAWS

                    TO BEFORE AND AFTER AN ARREST.  IT IS -- THAT IS WHY THIS BILL IS SO

                    IMPORTANT.  IT TAKES WHAT IS FACT AND DISSEMINATES IT TO THE DEFENSE

                    ATTORNEY SO THEY CAN REPRESENT POOR PEOPLE, SO THEY CAN GO TO RIKERS

                                         383



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    ISLAND, SO THEY CAN TRY AND GET THEIR PERSON NOT TO TAKE A PLEA BECAUSE

                    THERE IS NO WAY OUT, BECAUSE EITHER THE FACTS DEMAND IT OR THE FACTS

                    DEMAND THAT IT BE REJECTED.

                                 THERE IS MUCH WE HAVE TO GO FORWARD IN THIS HOUSE

                    ON CRIMINAL JUSTICE.  NOT JUST IN MAKING OUR BAIL SITUATION AND OUR BAIL

                    BILLS BETTER, BUT ALSO SO MANY OTHER THINGS:  REFORMING OUR SENTENCING

                    LAWS, EXPUNGEMENT OF RECORDS, SEALING OF RECORDS AND A WHOLE HOST OF

                    OTHER THINGS.  BUT AS WE GO FORWARD, WE HAVE TO UNDERSTAND THE

                    LIMITATIONS OF WHAT WE DO HERE IN THIS LEGISLATION.  FIXING OUR

                    DISCOVERY LAWS ARE IMPORTANT, BUT THEY CANNOT FIX EVERYTHING.  FOR AS I

                    EXPLAINED, THERE IS INFORMATION NEVER WRITTEN DOWN.  THERE IS

                    INFORMATION NOT CLEAN.  THERE IS INFORMATION IN ONE SENTENCE WHICH

                    SHOULD BE PROVIDED IN PARAGRAPHS.  FOR THAT, WE MUST GO BEYOND THIS

                    HOUSE.  WE HAVE TO LOOK TO OUR FRIENDS, THE DISTRICT ATTORNEYS.  WE

                    HAVE TO LOOK TO THEM TO SEE IF THEY ARE ABLE TO REFORM THEMSELVES.  FOR

                    IT IS THE DISTRICT ATTORNEYS WHO ULTIMATELY HAVE THE GREATEST SAY IN THE

                    FREE-FLOW OF INFORMATION, IN THE PROVIDING OF INFORMATION.  AND WE

                    FINALLY HAVE TO LOOK AT OUR FRIENDS, THE DISTRICT ATTORNEYS, WHO HAVE

                    PLAYED SUCH A DISAGREEABLE ROLE IN GETTING TO THIS VERY POINT IN THE

                    LEGISLATION BEFORE US, AND ASK THEM ONE BASIC QUESTION:  GOING

                    FORWARD, WILL THEY FINALLY JOIN US IN OUR EFFORTS TO REFORM OUR CRIMINAL

                    JUSTICE SYSTEM, OR WILL THEY REMAIN IN THE FUTURE, AS THEY ARE TODAY, AN

                    ALBATROSS AROUND THE NECK OF THOSE WHO WANT TO FIX OUR CRIMINAL JUSTICE

                    SYSTEM?

                                 (APPLAUSE)

                                         384



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 ACTING SPEAKER AUBRY:  MR. GIGLIO.

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

                    CHAIR YIELD?

                                 ACTING SPEAKER AUBRY:  WILL YOU YIELD, MS.

                    WEINSTEIN?

                                 MS. WEINSTEIN:  YES.

                                 MR. GIGLIO:  THANK YOU.  MY QUESTION IS VERY

                    SIMPLE.  IT'S ABOUT THE PUBLIC AUTHORITIES CONTROL BOARD.

                                 MS. WEINSTEIN:  YES.

                                 MR. GIGLIO:  IN THIS BILL THERE'S SOME MODIFICATIONS

                    TO THE WAY THE BILL IS DONE.  THE PUBLIC AUTHORITIES CONTROL BOARD HAS

                    THE INTENDED PURPOSE OF BEING ONE OF THE LAST WAYS THAT THE LEGISLATURE

                    MAY IMPOSE SOME CHECKS AND BALANCES ON LARGE CAPITAL PROJECTS AND

                    COMMITMENTS THAT WILL ISSUE DEBT THROUGH THE PUBLIC AUTHORITIES.  WHAT

                    WE DID HERE, IT APPEARS, IS THAT WE -- WE HAVE MEMBERS APPOINTED BY

                    THE MAJORITY IN THIS HOUSE, VOTING MEMBERS, THE MAJORITY IN THE SENATE

                    AND BY THE GOVERNOR.  AND THIS BILL HERE TODAY, YOU ARE NOW CEDING --

                    CEDING POWER TO THE EXECUTIVE THAT WOULD ALLOW HIM TO REMOVE A

                    MEMBER OF THE PUBLIC AUTHORITIES CONTROL BOARD FOR PURPOSES THAT HE

                    FEELS THEY DID NOT LIVE UP TO THE LEGAL RESPONSIBILITIES THAT THEY HAVE

                    REGARDING THIS BILL.  WHY WOULD WE DO THAT?

                                 MS. WEINSTEIN:  RIGHT.  YOU KNOW, WE DON'T

                    CHANGE THE FUNCTION OF THE -- WE DON'T CHANGE THE ROLE OF THE BOARD, WE

                    DON'T CHANGE THEIR -- THE AUTHORITY OF THE ROLE OF THE -- OF THE MEMBER AS

                    TO THE -- BEING THE REMOVAL -- OBVIOUSLY, THE MEMBERS ARE APPOINTED BY

                                         385



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    THE EXECUTIVE.  AND AS TO THE POTENTIAL REMOVAL RELATES TO, AS I --  AS I

                    THINK YOU -- YOU WERE SAYING, THE FAILURE OF A MEMBER TO VOTE WITHIN

                    THE SCOPE OF HIS OR HER LEGAL AUTHORITY.

                                 MR. GIGLIO:  WHY WOULD WE CEDE THE RIGHT TO

                    REMOVE THAT MEMBER TO THE GOVERNOR AND NOT TO THE ASSEMBLY AND/OR

                    THE SENATE?

                                 MS. WEINSTEIN:  WELL, THE -- THE GOVERNOR IS THE

                    APPOINTING AUTHORITY.

                                 MR. GIGLIO:  OKAY.  IS THIS THE RESULT OF THINGS THAT

                    HAVE HAPPENED RECENTLY, SUCH AS THE AMAZON DEAL?

                                 (LAUGHTER)

                                 MS. WEINSTEIN:  THERE IS NO -- NO MOTIVE LISTED IN

                    THE LANGUAGE.

                                 (LAUGHTER)

                                 MR. GIGLIO:  OKAY.  DO YOU THINK THIS WOULD LIMIT

                    THE TRANSPARENCY AND THE ABILITY OF THE BOARD TO DO THEIR JOB IN -- IN A

                    STRAIGHTFORWARD FASHION?

                                 MS. WEINSTEIN:  THE... YOU KNOW, FUNCTION OF THE

                    BOARD IS -- IS -- IS TO DETERMINE THE SUFFICIENCY OF FUNDS TO MOVE

                    FORWARD ON A -- ON A PROJECT.  SO THIS DOESN'T CHANGE THE FUNCTION OF THE

                    BOARD.

                                 MR. GIGLIO:  OKAY.  THANK YOU.

                                 MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. GIGLIO:  I THINK THIS IS AN INCREDIBLE PROBLEM

                                         386



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    WHERE WE START -- AS COEQUAL BRANCHES WITH THE EXECUTIVE, I DON'T THINK

                    WE SHOULD BE CEDING ANYTHING TO ONE BODY, AS OPPOSED TO ALL THREE

                    VOTING BODIES.  AND SO, IT IS MY OPINION THAT AT THIS POINT WE HAVE

                    CHANGED THE RULES OF EVERYDAY WORK OF THIS CONTROL BOARD, WHICH IS SO

                    IMPORTANT TO THE TRANSPARENCY OF THE STATE, AND TO HAVE FAITH IN OUR

                    ABILITY TO MAKE DECISIONS ON DEBT.  I THINK AS COEQUAL BRANCHES WE

                    SHOULD NEVER CEDE ANY OF THAT RESPONSIBILITY TO JUST ONE.

                                 SO, IN MY OPINION, THIS IS A VERY BAD PRECEDENT, AND I

                    WILL BE VOTING IN THE NEGATIVE.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. PALMESANO.

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

                    I DO HAVE SOME QUESTIONS FOR THE -- THE CHAIRWOMAN, BUT I JUST WANT TO

                    KIND OF GIVE A LITTLE BACKGROUND FIRST BEFORE I GET TO THE QUESTIONS, SO

                    YOU CAN REST FOR A SECOND.  JUST TO KIND OF GIVE YOU A LITTLE -- THE FIRST

                    PART OF MY QUESTIONS WE'LL GET TO, MORE ON LOCAL ISSUES FIRST, THEN I'LL GET

                    TO SOME BIGGER, BROADER ISSUES.  BUT I JUST WANTED TO GIVE THE -- MY

                    COLLEAGUES A LITTLE PICTURE OF THIS.  LAST YEAR I WAS CONTACTED BY MY

                    LOCAL SCHOOL DISTRICT.  THEY HAD A NEW EMPLOYEE, THEY WERE SENDING IN

                    TRANSPORTATION CONTRACTS TO -- TO THE STATE.  THE NEW EMPLOYEE SENT

                    THEM -- SENT THEM INTO THE STATE, BUT DIDN'T SEND IT CERTIFIED MAIL.  A

                    FEW MONTHS LATER, THEY WENT BACK TO HAVE A CONVERSATION WITH THE STATE

                    ABOUT FOLLOWING UP ON THOSE CONTRACTS, AND THE STATE SAYS, WE DON'T

                    HAVE THEM.  AND THEY REALIZED WELL, WE DON'T HAVE ANYTHING CERTIFIED,

                    SO WE CAN'T COUNT IT.  IT'S ALWAYS -- IT'S ALWAYS POSSIBLE -- IT'S ALWAYS

                                         387



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    POSSIBLE THAT -- EXCUSE ME FOR A SECOND.  IT'S ALWAYS POSSIBLE THAT THEY

                    COULD LOSE -- IN AN EDUCATION BUILDING LIKE THAT WITH A BUREAUCRACY,

                    THEY COULD LOSE THE PAPERWORK.  WELL, NO, THE EDUCATION DEPARTMENT

                    DIDN'T HAVE ANY WAYS TO RELIEVE.  WHAT HAPPENED TO MY SCHOOL DISTRICT

                    WAS THEY WERE FINED NEARLY $500,000.  AND SO, AROUND CHRISTMASTIME I

                    GOT A PHONE CALL WHEN -- THE BILL WAS SENT TO THE GOVERNOR AROUND

                    CHRISTMASTIME, SO A FEW DAYS LATER I GOT A CALL FROM THE GOVERNOR'S

                    COUNSEL SAYING, HEY, MERRY CHRISTMAS ASSEMBLYMAN PALMESANO.  THE

                    GOVERNOR IS GOING TO VETO YOUR BILL.  BY THE WAY, I SAID TO HIM -- I HAD

                    SOME WORDS FOR HIM, AND I SAID, SO, THE GOVERNOR IS GOING TO GO OUT

                    AND DELIBERATELY HURT OUR KIDS AND HURT OUR TAXPAYERS.  WELL, THAT'S NOT

                    HIS INTENTION.  I UNDERSTAND THAT IT'S NOT HIS INTENTION, BUT THAT'S WHAT

                    HE'S DOING THROUGH THIS ACTION.  SO, SOME OF US WROTE LETTERS TO THE

                    SPEAKER, TO THE MAJORITY LEADER AND THE SENATE, BOTH THE SENATE AND

                    ASSEMBLY COLLEAGUES ASKED HIM TO INCLUDE THAT IN THE ONE-HOUSE

                    BUDGET.  WE WERE VERY GRATEFUL THAT YOU DID THAT, WE APPRECIATE THAT.

                    UNFORTUNATELY, THAT WAS NOT, FROM WHAT I UNDERSTAND, INCLUDED IN THIS

                    BUDGET.

                                 SO, MY QUESTION, FIRST QUESTION, TO THE CHAIRWOMAN --

                    AND I KNOW THE SPEAKER IS HERE - GOOD MORNING, MR. SPEAKER - IS I

                    KNOW YOU MENTIONED THAT WE COULD DO -- INTRODUCE INDIVIDUAL BILLS

                    AGAIN.  I GUESS MY QUESTION IS, WOULD WE CONSIDER -- THIS HOUSE

                    CONSIDER AN OMNIBUS BILL?  BECAUSE I KNOW SOME OF YOUR MEMBERS'

                    BILLS WERE NOT INCLUDED IN THAT, AND THERE'S A WHOLE HOST OF THEM.  BUT

                    DO AN OMNIBUS BILL WITH ALL THOSE BILLS IN ONE PACKAGE, AND THEN PASS

                                         388



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    THE BILL AGAIN, AND LET THE SENATE PASS THE BILL AND THEN SEND IT TO THE

                    GOVERNOR.  HE HAS THE ABILITY TO VETO THE BILL; THAT'S HIS CONSTITUTIONAL

                    RIGHT.  BUT AFTER HE VETOES THE BILL, SEND IT BACK TO HIM -- OR LET'S BRING IT

                    BACK HERE AND OVERRIDE HIS VETO.  LET'S USE -- LET'S TAKE BACK SOME OF

                    OUR POWER THAT WE HAVE IN THIS HOUSE.  OUR CONSTITUTIONAL RIGHT IS TO

                    OVERRIDE A VETO.  LET HIM VETO THE BILL.  I DON'T CARE IF HE VETOES THE BILL,

                    IT'S A BAD VETO.  BUT WHY DON'T WE CALL THIS BACK TO OVERRIDE THE VETO?

                    WE COULD PROTECT THESE TAXPAYERS AND -- AND -- AND THE -- PROTECT THESE

                    KIDS WHO WERE HURT BY THAT VETO, AND ALSO WHO WERE NOT APPROVED IN

                    THIS BUDGET.  IS THAT SOMETHING YOU -- YOU GUYS WOULD CONSIDER?

                    TAKING UP A BILL THAT WOULD -- OMNIBUS, ALL THESE BILLS, INSTEAD OF

                    INDIVIDUAL BILLS.  LET HIM VETO IT, BUT THEN CALL IT BACK AND OVERRIDE THE

                    VETO.

                                 MS. WEINSTEIN:  YEAH, AS --

                                 MR. PALMESANO:  IS THAT SOMETHING YOU'D GO

                    ALONG WITH?

                                 MS. WEINSTEIN:  AS I RESPONDED TO

                    ASSEMBLYWOMAN -- WOMAN WALSH, WE WOULD LIKE -- WE DID ADVANCE

                    THESE PROPOSALS, THE SENATE DID ADVANCE THE PROPOSALS.  WE COULD NOT

                    ULTIMATELY GET A THREE-WAY AGREEMENT ON THEM.  WE CERTAINLY COULD

                    CONSIDER -- I SAID THAT WE WOULD BE PLANNING TO ADVANCE THESE -- THESE

                    BILLS.  WE CERTAINLY COULD CONSIDER COMBINING THEM.  THAT'S SOMETHING

                    WE'D HAVE TO LOOK AT AS TO -- I MEAN, I WOULDN'T PRESUPPOSE --

                                 MR. PALMESANO:  SURE.

                                 MS. WEINSTEIN:  -- VETOES OF THE -- VETOES OF THE

                                         389



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    BILLS, BUT IN TERMS OF, YOU KNOW, YOUR COMMENTS ABOUT OVERRIDE, THAT'S

                    OBVIOUSLY NOT SOMETHING THAT I -- I COULD MAKE A COMMITMENT ABOUT.

                                 MR. PALMESANO:  I WOULD JUST ASK, I GUESS, THE

                    HOUSE AND THE LEADERSHIP TO CONSIDER DOING THIS AGAIN, BRING THEM ALL

                    TOGETHER.  BUT LET HIM -- IF HE'S GOING TO VETO IT, LET HIM VETO IT.  THAT'S

                    HIS CONSTITUTIONAL RIGHT.  BUT IT'S ALSO OUR CONSTITUTIONAL RIGHT TO

                    OVERRIDE THAT VETO.

                                 I WANT TO GET ON ANOTHER LOCAL ISSUE.

                                 MS. WEINSTEIN:  SURE.

                                 MR. PALMESANO:  LAST YEAR, MY -- POLITICS KIND OF

                    COMES INTO PLAY.  FOUR OF OUR LOCAL MUNICIPALITIES HAD MORTGAGE

                    RECORDING TAX BILLS.  FOUR OF THEM.  THE SENATE PASSED THEM.  BECAUSE

                    OF THE POLITICS, OUR HOUSE DID NOT TAKE UP THOSE FOUR BILLS BEFORE THE

                    END OF THE YEAR.  IT GOT CAUGHT UP IN THE SCHOOL ZONE SPEED CAMERA

                    ISSUE.  ULTIMATELY, I KNOW WE LEFT SESSION IN JUNE, IT DIDN'T PASS.  THE

                    GOVERNOR EXERCISED EXECUTIVE AUTHORITY TO PUT THE SPEED CAMERA BILL IN

                    PLACE FOR THE -- FOR THE CITY SO IT WAS READY FOR THE SCHOOL YEAR.  AND

                    THEN AFTER THE ELECTION IN NOVEMBER, YOU KNEW THE SENATE WAS GOING TO

                    GET CONTROL OF THE HOUSE, SO YOU COULD NOT JUST EXTEND THE CAMERAS.

                    YOU COULD EXPAND THEM, WHICH YOU DID, WHICH IS GOING TO GIVE YOU

                    EVEN MORE REVENUE.  SO, WE COULD HAVE CAME BACK AT THAT POINT TO -- TO

                    PASS THAT LEGISLATION.  GRATEFUL THAT WE DID PASS THE LEGISLATION AT THE

                    BEGINNING OF THE YEAR, BUT BECAUSE OF THAT DELAY AND THE DELAY IN

                    GETTING IT TO THE GOVERNOR TO SIGN, THOSE FOUR MUNICIPALITIES BY --

                    SPONSORED BY THREE OF OUR COLLEAGUES, LOST $790,000 IN MORTGAGE

                                         390



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    RECORDING TAXES BECAUSE OF THE FAILURE OF THIS BODY TO DO THEIR JOB AND

                    DO IT IN A TIMELY MANNER.  AND IT HURT THOSE MUNICIPALITIES.  IT HURT

                    THOSE TAXPAYERS.  NOW, JUST LIKE THE GOVERNOR -- DO I THINK HE

                    DELIBERATELY -- DO I THINK YOU GUYS DELIBERATELY INTENDED TO HURT THOSE

                    COUNTIES AND THOSE TAXPAYERS?  ABSOLUTELY NOT.  BUT YOU DID.  SO,

                    WOULD YOU ALSO CONSIDER DOING A -- AN OMNIBUS BILL TO PUT THE FUNDING

                    FOR THAT?  BECAUSE IT'S THE RIGHT THING TO DO.  I'M ASSUMING THE

                    GOVERNOR DIDN'T WANT TO DO THIS, ALSO.  WHEN WE SAY "THREE-WAY" -- WE

                    HEAR THAT A LOT.  WOULD YOU ALSO CONSIDER AN OMNIBUS BILL TO PUT THAT

                    $790,000 - WE'RE TALKING ABOUT $175 BILLION BUDGET - $790,000 TO

                    REIMBURSE THOSE FOUR COUNTIES FOR THE MONEY THEY LOST FROM THE

                    MORTGAGE RECORDING TAX?  THAT'S THE RIGHT THING TO DO.  WHY CAN'T WE DO

                    -- I KNOW THERE'S POTS OF MONEY.  WE COULD TAKE POTS OF MONEY ALL OVER

                    THE PLACE AND YOU'RE GOING TO HAVE PLENTY OF POTS OF MONEY TO DO THAT.

                    THAT WOULD BE THE RIGHT THING.  WOULD YOU PLEASE CONSIDER PUTTING IN

                    AN OMNIBUS LEGISLATION FOR THOSE FOUR BILLS TO MAKE -- DO THE RIGHT THING

                    TO HELP THOSE FOUR COUNTIES?  WOULD YOU GUYS CONSIDER DOING THAT?  I

                    WAS JUST WONDERING IF YOU WOULD LIKE --

                                 MS. WEINSTEIN:  CERTAINLY COULD DISCUSS WITH...

                    WITH OUR COLLEAGUES AND THE CHAIRS OF THE APPROPRIATE COMMITTEES.

                                 MR. PALMESANO:  I WOULD APPRECIATE THAT.  I

                    KNOW MY COLLEAGUES, MY THREE COLLEAGUES WHOSE COUNTY -- THE THREE --

                    THE FOUR COUNTIES THAT I REPRESENT WOULD APPRECIATE THAT.  IT WOULD JUST

                    BE THE RIGHT THING TO DO TO CORRECT AN ERROR FROM OUR FAILURE TO ACT TO DO

                    WHAT WE WERE SUPPOSED TO DO.  I UNDERSTAND IT GOT CAUGHT UP IN THE

                                         391



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    POLITICS.  I DON'T THINK THE HARM WAS INTENTIONAL, BUT THERE WAS STILL

                    HARM DONE.  SO, LET'S FIX THAT HARM.

                                 NOW, I'D LIKE TO GET ON TO SOME BIGGER, BROADER ISSUES,

                    IF I MAY.

                                 MS. WEINSTEIN:  SURE.

                                 MR. PALMESANO:  THE FIRST ONE IS ON CONGESTION

                    PRICING.  I HAD JUST ONE QUICK QUESTION ON CONGESTION PRICING.  I KNOW

                    -- I THINK IT'S THE -- MS. PAULIN, IS THAT RIGHT?

                                 MS. WEINSTEIN:  YES.  YES.  SURE.

                                 MR. PALMESANO:  AMY, ON THE CONGESTION PRICING

                    ISSUE, WAS THERE EVER ANY DISCUSSION ABOUT EXEMPTING -- PUTTING ANY

                    TYPE OF AN EXEMPTION IN FOR AGRICULTURE?  BECAUSE WE HAVE A LOT OF

                    FARMERS AND AGRICULTURAL PEOPLE WHO DRIVE DOWN TO THE CITY, I KNOW

                    FOR FARM MARKETS, TO BRING FRESH PRODUCE AND VEGETABLES.  I MEAN, THAT'S

                    THAT'S GOING TO BE A -- A BURDEN ON OUR FARMERS, AND OUR FARMING

                    COMMUNITIES ALREADY GOT ENOUGH CHALLENGES AS IS.  THEY WANT TO BRING

                    THOSE PRODUCTS, THEY WANT TO BRING THOSE PRODUCTS DOWN THERE FOR THE

                    KIDS AND FOR THE FAMILIES.  WAS THERE EVER ANY THOUGHT ABOUT THAT OR

                    EVEN A CONSIDERATION OF LOOKING AT THAT?  BECAUSE OUR AGRICULTURAL

                    COMMUNITY IS HURTING BIG TIME.  IS THAT SOMETHING THAT YOU GUYS WOULD

                    CONSIDER, OR IS THAT SOMETHING THAT WAS BEING CONSIDERED?

                                 MS. PAULIN:  I -- AS I SAID BEFORE, ALL OF THE

                    EXEMPTIONS AND DISCOUNTS AND CREDITS WILL BE CONSIDERED OUTSIDE THE

                    SCOPE OF THE BILL BY A TRANSIT AUTHORITY, BY A TBTA SUBCOMMITTEE OR

                    COMMITTEE THAT THEY'RE GOING TO ESTABLISH MADE UP OF SIX PEOPLE THAT

                                         392



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    WILL -- IT'S CALLED A TRANSIT [SIC] MOBILITY REVIEW BOARD, AND -- AND

                    THEY WILL MAKE RECOMMENDATIONS TO THE TBTA FOR THOSE KINDS OF

                    DISCOUNTS.  BUT, ALL -- YOU KNOW, THINGS LIKE THAT COULD ABSOLUTELY BE

                    DISCUSSED.

                                 MR. PALMESANO:  THANK YOU.  I APPRECIATE THAT

                    BEING ON THE TABLE FOR CONSIDERATION FOR OUR FARMERS.

                                 I'D -- I'D LIKE TO GO BACK TO THE CHAIRWOMAN, IF I

                    COULD, FOR SOME QUESTIONS.

                                 MS. WEINSTEIN:  CERTAINLY.

                                 MR. PALMESANO:  RELATIVE TO THE STAR FREEZE

                    THAT'S IN THIS BUDGET --

                                 MS. WEINSTEIN:  CORRECT.

                                 MR. PALMESANO:  I KNOW IN THE PAST OUR HOUSE

                    HAS ALWAYS REJECTED THAT.  AND NOW IT'S MY UNDERSTANDING -- SO IF YOU

                    JUST GET THE REGULAR TAXES OFF YOUR TAX BILL, THAT STAR RE- -- STAR

                    CREDIT, LET'S SAY, REBATE OFF YOUR TAX BILL WILL NOW BE FIXED.  THERE'S NO

                    MORE 2 PERCENT GROWTH THAT WAS BUILT INTO IT BEFORE.  IS THAT CORRECT?

                                 MS. WEINSTEIN:  YES.

                                 MR. PALMESANO:  BUT, IF YOU TAKE IT AS A TAX

                    CREDIT OFF YOUR TAXES AND PAY IT UP FRONT, YOU DO DO GET THE 2 PERCENT.

                    IS THAT CORRECT?

                                 MS. WEINSTEIN:  YES.

                                 MR. PALMESANO:  ISN'T THAT KIND OF DISCRIMINATORY

                    AGAINST -- IN -- IN THEORY AND IN PRACTICE?  A LITTLE BIT MAYBE?  MAYBE

                    NOT.

                                         393



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MS. WEINSTEIN:  I THINK THE IDEA IS TO GUIDE PEOPLE

                    -- TO ENCOURAGE PEOPLE TO APPLY FOR THE -- THE CREDIT VERSUS --

                                 MR. PALMESANO:  SURE.

                                 MS. WEINSTEIN:  -- THE EXEMPTION.

                                 MR. PALMESANO:  I -- I AGREE WITH YOU 100

                    PERCENT, THAT THE GOVERNOR WANTS TO -- TO DO THIS BECAUSE IT'S A

                    GIMMICK.  BECAUSE WHEN HE'S -- WHEN IT'S -- IT IS A GIMMICK BECAUSE

                    WHEN HE'S TAKING IT AS A TAX CREDIT, THAT MEANS THAT'S LESS TAXES COMING

                    IN, BUT WHEN HE PAYS IT OUT AS AN EXPENDITURE, THAT'S MORE MONEY GOING

                    OUT, SO HE CAN SAY, NOW I'M -- I'M STAYING WITHIN MY 2 PERCENT

                    PROPERTY TAX -- MY 2 PERCENT SPENDING CAP.  CORRECT?

                                 MS. WEINSTEIN:  YES.

                                 MR. PALMESANO:  IS THAT ACCURATE?

                                 MS. WEINSTEIN:  YES, I THINK YOU EXPLAINED IT

                    FAIRLY WELL.

                                 MR. PALMESANO:  THANK YOU.  I JUST -- I JUST -- I

                    THINK WITH THE -- WITH THE STAR, THE THING THAT KIND OF FRUSTRATES ME IS

                    OUR HOUSE HAS REJECTED IT IN THE PAST, BUT WE KIND OF GAVE IN.  WE JUST

                    ROLLED OVER AND GAVE IT TO HIM ANYWAY.  THE GOVERNOR IS GETTING ALL HE

                    WANT -- ALL THE HEADLINES ARE SAYING THE GOVERNOR'S GETTING EVERYTHING

                    HE WANTS.  I THINK IN THIS CASE IT JUST LOOKS LIKE THE GOVERNOR GOT WHAT

                    HE WANTED ON IT, AND I JUST THINK THAT'S UNFORTUNATE.

                                 ON THE AIM FUNDING CUT -- ON THE AIM FUNDING, I

                    KNOW YOU'RE GOING TO SAY THAT THE AIM FUNDING CUT IS -- NOW IT'S GOING

                    TO BE PAID FOR OUT OF SALES TAXES COLLECTED BY THE COUNTIES.  THE

                                         394



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    COUNTIES ARE GOING TO HAVE TO PAY FOR THAT CUT NOW, CORRECT?  SO, IT'S AN

                    UNFUNDED MANDATE NOW ON THEIR COUNTIES, RIGHT?

                                 MS. WEINSTEIN:  IT -- IT ACTUALLY IS -- WELL, THE

                    COUNTIES AREN'T GOING TO PAY IT, IT'S A TAX INTERCEPT BY THE -- THE TAX

                    DEPARTMENT WILL BE INTERCEPTING THE PORTION OF THE AIM FUNDING THAT

                    THE GOVERNOR HAD PROPOSED TO CUT IN HIS ORIGINAL SUBMISSION, AND IT'LL

                    BE TRANSMITTED BY THE -- THE COMPTROLLER.  IT'S NOT A CUT IN THEIR FUNDING

                    --

                                 MR. PALMESANO:  I UNDERSTAND.

                                 MS. WEINSTEIN:  --  BECAUSE AS PART OF THIS BUDGET,

                    WE ALSO ADOPT THE NEW -- NEW SALES TAX REVENUES REGARDING INTER --FROM

                    INTERNET MARKETPLACE --

                                 MR. PALMESANO:  YEP, I -- I DO UNDERSTAND THAT --

                                 MS. WEINSTEIN:  -- FUNDINGS.

                                 MR. PALMESANO:  THANK YOU FOR THAT.  SO, IN OUR

                    ONE-HOUSE, THOUGH, WE REJECTED THE GOVERNOR'S ORIGINAL PROPOSAL.  WE

                    -- WE SAID THE STATE, THEY SHOULD JUST PUT THE MONEY FORWARD --

                                 MS. WEINSTEIN:  CORRECT --

                                 MR. PALMESANO:  -- DO IT (INAUDIBLE).  BUT WHAT

                    WE ENDED UP DOING IS WHAT THE GOVERNOR PROPOSED, RIGHT?

                                 MS. WEINSTEIN:  WE -- THERE WERE SEVERAL

                    DIFFERENT VERSIONS OF --

                                 MR. PALMESANO:  SO --

                                 MS. WEINSTEIN:  -- OF THIS, BUT WE ULTIMATELY CAME

                    UP WITH THE VERSION THAT'S IN THE BUDGET TODAY.

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                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MR. PALMESANO:  THAT THE -- A VERSION THAT THE

                    GOVERNOR WANTED.  SO, HE'S GETTING WHAT HE WANTS ON THAT ISSUE, TOO.

                                 NOW, I -- I DO WANT TO GO THROUGH THE SALES TAX.  YOU

                    WERE TALKING ABOUT SALES TAX ON THE INTERNET.

                                 MS. WEINSTEIN:  SURE.

                                 MR. PALMESANO:  NOW, IT'S MY UNDERSTANDING SO

                    THIS -- SO JUST LET ME ASK YOU A QUESTION.  SO I --

                                 MS. WEINSTEIN:  SURE.

                                 MR. PALMESANO:  -- WHO -- I'M IN UPSTATE NEW

                    YORK.  I SPEND $100 FOR AMAZON ONLINE.  FOUR -- $4 OF MY FUNDS WILL

                    GO TO MY LOCAL COUNTY FOR SALES TAX.  BUT THE OTHER $4 WILL GO TO THE

                    STATE SALES TAX, CORRECT?  BUT NOW, THAT STATE SALES TAX DOLLARS IS GOING

                    TO GET SHIPPED DOWN TO HELP FOR -- TO FUND THE MTA; IS THAT CORRECT?

                    SO, MY -- MY STATE SALES TAX DOLLARS ARE GOING TO GO INTO FUND THE MTA

                    FROM UPSTATE NEW YORK.  IS THAT RIGHT, OR NO?

                                 MS. WEINSTEIN:  NO, NO.

                                 MR. PALMESANO:  HOW DOES THAT WORK, EXACTLY?

                    BECAUSE I THINK THERE'S SOME CONFUSION.

                                 MS. WEINSTEIN:  NO, THE -- LET ME JUST GET THE... SO,

                    THE SALES TAX WILL -- IN THE NEW YORK CITY -- BOTH THE CITY SALES TAX AND

                    THE STATE SALES TAX IN THE NEW YORK CITY REGION WILL -- BOTH THE CITY

                    PORTION AND THE STATE PORTION WILL GO TO THE MTA LOCKBOX FOR -- TO

                    MEDIATE IN RELATION TO THE -- THE CONGESTION PRICING.

                                 MR. PALMESANO:  SO, YOU'RE JUST -- SO YOU'RE JUST

                    SAYING -- SO THE -- THE STATE SALES TAX THAT'S COLLECTED ON THE CITY GOES

                                         396



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    FOR THE MTA, BUT THE STATE SALES TAX FOR PEOPLE WHO PURCHASE OFF THE

                    INTERNET UPSTATE, THAT'S NOT GOING TO THE MTA?  BECAUSE THE WAY I

                    UNDERSTOOD IT --

                                 MS. WEINSTEIN:  CORRECT.

                                 MR. PALMESANO:  -- THE STATE SALES TAX DOLLARS ARE

                    GOING -- FOR THE INTERNET PURCHASE ARE GOING TO FUND THE MTA LOCKBOX.

                    THERE IS NO CLARIFICATION OF -- OF UPSTATE VERSUS DOWNSTATE.  BECAUSE IF

                    THAT'S THE CASE, THAT'S CONCERNING FOR A LOT OF US.

                                 (PAUSE)

                                 I'VE GOT ANOTHER 15 MINUTES I CAN USE IF I RUN OUT OF

                    TIME.

                                 MS. WEINSTEIN:  SO, THE -- LET ME JUST, YOU KNOW,

                    CLARIFY.  SO, IT'S A -- THE STATE SHARE OF THE INTERNET SALES TAX IN NEW

                    YORK CITY IS ESTIMATED TO BE $150 MILLION, THAT -- THE MONEY THAT

                    COMES OFF OF THE -- SO THAT'S THE PORTION THAT'S ESTIMATED TO BE NEW

                    YORK -- IN NEW YORK CITY.  THE NEW YORK CITY'S INTERNET SALES TAX IS

                    ESTIMATED TO BRING IN $100- -- TO GENERATE $170 MILLION, SO THOSE

                    MONIES WILL BE IN NEW YORK CITY FOR THE -- THE LOCKBOX.  SO, IT'S NOT --

                                 MR. PALMESANO:  SO, FOR UPSTATE NEW YORK, ANY

                    MONEY THAT WE SPENT ON INTERNET SALES TAXES FOR THE STATE PORTION, THAT

                    MONEY DOES NOT GO DOWN TO THE MTA, THAT MONEY JUST GOES TO THE

                    GENERAL FUND, OR DOES IT GO TO THE --

                                 MS. WEINSTEIN:  YES.  YES.  CORRECT.

                                 MR. PALMESANO:  SO, WE HAVE WAYS TO BREAK THAT

                    DOWN.  SO, I JUST THINK --

                                         397



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MS. WEINSTEIN:  IT'S -- IT'S BASED ON ESTIMATIONS.

                    IT'S NOT, YOU KNOW, THE EXACT DOLLAR THAT MATCHES THE NEW YORK CITY

                    NUMBER, IT'S NOT THAT -- YOU KNOW, THE DOLLARS --

                                 MR. PALMESANO:  SURE.

                                 MS. WEINSTEIN:  -- DON'T TRAVEL UNTIL --

                                 MR. PALMESANO:  I KNOW --

                                 MS. WEINSTEIN:  -- THEMSELVES.  YOU KNOW -- IT'S

                    -- YOU KNOW, THE MONEY'S FUNGIBLE, SO.

                                 MR. PALMESANO:  SURE.

                                 MS. WEINSTEIN:  SO IT GOES FROM --

                                 MR. PALMESANO:  I MEAN, BECAUSE IF WE'RE USING

                    INTERNET PURCHASES FOR THE MTA, WHY AREN'T WE USING THE INTERNET, THE

                    SALES TAX FOR MAYBE ROADS AND BRIDGES OR FOR LOCAL INFRASTRUCTURE FOR

                    UPSTATE?  MAYBE WE SHOULD LOOK AT THAT.

                                 I'LL COME BACK LATER.  THANK YOU FOR YOUR TIME,

                    MADAM CHAIRWOMAN.

                                 MS. WEINSTEIN:  I'LL HAVE AN ANSWER FOR YOU THEN.

                                 ACTING SPEAKER AUBRY:  MR. GARBARINO.

                                 MR. GARBARINO:  THANK YOU, MR. SPEAKER.  WILL

                    THE CHAIRWOMAN YIELD?

                                 MS. WEINSTEIN:  YES, HAPPY TO.

                                 MR. GARBARINO:  YOU KNOW, VERY LIVELY

                    DISCUSSION ABOUT -- FOR 3:30 IN THE MORNING ABOUT NEW YORK STATE REAL

                    ESTATE TRANSFER TAXES.  THIS IS GOING TO BE GREAT.

                                 MS. WEINSTEIN:  IT'S -- WE'LL SEE IF ANYBODY'S

                                         398



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    LISTENING.

                                 MR. GARBARINO:  OR THEY'LL BE -- THEY'LL BE ASLEEP

                    AFTER WE'RE DONE.  JUST A QUICK QUESTION.  SO CURRENTLY, STATEWIDE,

                    THERE'S A $4 FOR EVERY $1,000 OF VALUE TRANSFER TAXES; IS THAT CORRECT?

                    FOR EVERY SALE?  THE SELLER USUALLY PAYS THAT?

                                 MS. WEINSTEIN:  YES.

                                 MR. GARBARINO:  OKAY.  AND THEN ANYTHING

                    $1 MILLION OR OVER, THERE'S A -- A MANSION TAX OF 1 PERCENT, AND THAT'S

                    USUALLY PAID FOR BY THE BUYER.  IS THAT CORRECT?

                                 MS. WEINSTEIN:  CORRECT.

                                 MR. GARBARINO:  SO, WE'RE -- IT LOOKS LIKE WE'RE

                    CREATING TWO NEW TRANSFER TAXES FOR PROPERTIES IN NEW YORK CITY.  IS

                    THAT CORRECT?

                                 MS. WEINSTEIN:  YES.  THOUGH IT'S LIMITED TO NEW

                    YORK CITY --

                                 MR. GARBARINO:  JUST THE FIVE BOROUGHS, RIGHT?

                                 MS. WEINSTEIN:  YES.

                                 MR. GARBARINO:  OKAY.  AND ONE OF THEM IS, IT'S

                    1. -- IT'S ONE AND -- $1.25 FOR EACH $500 OF VALUE OF PROPERTY SOLD FOR

                    RESIDENCES -- FOR RESIDENCES OVER -- VALUED -- VALUED AT          $3

                    MILLION?

                                 MS. WEINSTEIN:  THE RESIDENTS OF -- SO, BETWEEN

                    THE $2 MILLION AND $3 MILLION, THE MANSION TAX GOES TO 1.25,

                    ONE-AND-A-QUARTER.  AND FROM $3- TO $5 MILLION GOES TO 1.5 PERCENT.

                    AND IT CONTINUES UP TILL -- THE PERCENTAGE IS INCREASED TILL YOU GET TO

                                         399



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    OVER $25 MILLION, WHERE IT IS AT 3.9 PERCENT.

                                 MR. GARBARINO:  SO, THAT'S A -- THAT'S THE

                    SUPPLEMENTAL NEW YORK CITY TAX ON TOP OF THE CURRENT MANSION TAX.

                    SO, THE MANSION TAX WILL STAY AT THE 1 PERCENT, AND THEN YOU'LL HAVE IT

                    GO UP --

                                 MS. WEINSTEIN:  RIGHT.  IT -- WELL, IT'S NOT ON TOP

                    OF THE 1 PERCENT.  INSTEAD OF 1 PERCENT -- SO, FOR EXAMPLE, FOR $2- TO $3

                    MILLION, INSTEAD OF IT BEING 1 PERCENT --

                                 MR. GARBARINO:  IT'S 1.25.

                                 MS. WEINSTEIN:  IT'S 1.25.  SO, THE 2.5 IS THE

                    ADDITIONAL AMOUNT.

                                 MR. GARBARINO:  SO, MY QUESTION ABOUT THAT TABLE

                    IS, SO, FOR THE -- SAY IT'S A $5 MILLION HOME --

                                 MS. WEINSTEIN:  RIGHT.

                                 MR. GARBARINO:  -- IS THE ENTIRE VALUE -- IS THE

                    ENTIRE TAX ON THAT $5 MILLION 1.5 PERCENT, OR IS IT SIMILAR TO INCOME TAX,

                    WHERE IT'S FROM -- IT'S 1 PERCENT FOR THE FIRST $2 MILLION, 1.25 PERCENT FOR

                    THE NEXT MILLION, AND THEN 1.5 PERCENT FOR THE NEXT $2 MILLION?

                                 (PAUSE)

                                 MS. WEINSTEIN:  IT'S GOING TO TAKE A... A MOMENT.

                                 MR. GARBARINO:  OKAY.  NO PROBLEM.  I -- I

                    COULDN'T FIGURE IT OUT, SO THAT'S WHY I'M ASKING.

                                 MS. WEINSTEIN:  BECAUSE I WANT TO GIVE YOU A REAL

                    ANSWER, NOT A... ANSWER ON THE FLY.

                                 MR. GARBARINO:  THE REASON I'M ASKING IS,

                                         400



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    CURRENTLY, IF IT'S $1 MILLION, IT'S -- THE 1 PERCENT IS ON THE FULL VALUE, AND,

                    YOU KNOW, SO I'M JUST WONDERING, YOU KNOW, IF PEOPLE TRY TO GAIN THE

                    SYSTEM.

                                 MS. WEINSTEIN:  WE -- WE THINK -- I MEAN, YOU

                    KNOW, SERIOUSLY WE'LL GET BACK TO IT, BUT WE THINK THAT THAT IS NOW THE --

                    THE RATE FOR TRANSFERS OF -- --

                                 MR. GARBARINO:  SO, IF IT'S $5 MILLION --

                                 MS. WEINSTEIN:  TWO FOR THREE.  YES, IT'S ON THE

                    WHOLE --

                                 MR. GARBARINO:  IF IT'S -- IF IT'S $5 MILLION, IT'S

                    GOING TO BE 1.5 PERCENT ON THE ENTIRE $5 MILLION.

                                 MS. WEINSTEIN:  YES, I -- I BELIEVE SO, BASED ON

                    WHAT THE NUMBERS SEEM TO GENERATE.

                                 MR. GARBARINO:  OKAY.  SO THAT'S -- THAT'S THE ONE

                    TRANSFER TAX.  AND THEN -- OR THE -- THAT'S ONE TAX.  AND THEN, WOULD THAT

                    BE PAID SINCE THE -- SINCE THE MILLIONAIRE'S TAX IS CURRENTLY -- THE 1

                    PERCENT IS CURRENTLY PAID BY THE PURCHASER, WOULD THE ADDITIONAL

                    SUPPLEMENTAL TAX ALSO BE PAID FOR BY THE PURCHASER?

                                 MS. WEINSTEIN:  WE MAKE NO -- NO CHANGES IN --

                    IN THAT REGARD.  OBVIOUSLY, THIS IS SOMETHING THAT COULD BE SUBJECT OF

                    NEGOTIATION IN A -- IN A SALE.  BUT THE REQUIREMENT IS ON THE -- ON THE

                    PURCHASER.

                                 MR. GARBARINO:  AND THAT'S --

                                 MS. WEINSTEIN:  TO FILE THE TAX.

                                 MR. GARBARINO:  AND THIS IS JUST -- THIS TAX, THE

                                         401



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    MANSION TAX AND THE SUPPLEMENTAL NEW YORK CITY TAX, IS JUST FOR

                    RESIDENCES, CORRECT?

                                 MS. WEINSTEIN:  THE MANSION TAX, YES, CORRECT.

                                 MR. GARBARINO:  OKAY.  BUT -- BUT THERE'S A

                    SECOND TAX THAT WE'RE CREATING THAT STARTS AT WHEN A HOUSE -- OR WHEN A

                    RESIDENCE IS VALUED AT $3 MILLION OR MORE, OR ANOTHER PROPERTY SOLD AT

                    $2 MILLION OR MORE, CORRECT?  SO THAT --

                                 MS. WEINSTEIN:  CORRECT.

                                 MR. GARBARINO:  I MEAN, IT WOULD AFFECT

                    COMMERCIAL PROPERTIES THAT SELL FOR $2 MILLION OR MORE?

                                 MS. WEINSTEIN:  FOR $2 MILLION OR MORE.  YES, FOR

                    COMMERCIAL PROPERTIES.

                                 MR. GARBARINO:  AND THAT'S THE ADDITIONAL TAX

                    THAT, YOU KNOW, RIGHT NOW THEY DO $4 PER EVERY THOUSAND, AND IT'S

                    ANOTHER -- THIS WOULD BE ANOTHER $1.25 PER $500 IN VALUE?

                                 MS. WEINSTEIN:  YES.  SO, IT'S -- THIS IS THE

                    ADDITIONAL NEW YORK CITY REAL ESTATE TRANSFER TAX.

                                 MR. GARBARINO:  YES.  OKAY.  OKAY.  THANK YOU

                    VERY MUCH FOR CLEARING SOME OF THAT UP FOR ME.

                                 I JUST HAD ONE FURTHER QUESTION DEALING WITH THE PUBLIC

                    FINANCING AND ELECTIONS COMMISSION.

                                 MS. WEINSTEIN:  SURE.

                                 MR. GARBARINO:  THEY HAVE -- THEY HAVE A LOT OF

                    THINGS THEY'RE GOING TO BE LOOKING AT.  I'M JUST WONDERING, ARE THEY

                    GOING TO BE ABLE TO PUT BACK, YOU KNOW -- GET RID OF THE BAN ON OUTSIDE

                                         402



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    INCOME FOR THE LEGISLATORS?

                                 MS. WEINSTEIN:  THAT IS NOT ONE OF THE ITEMS

                    WITHIN THEIR PURVIEW.

                                 MR. GARBARINO:  WELL --

                                 MS. WEINSTEIN:  BUT NICE TRY.

                                 MR. GARBARINO:  WELL, I MEAN, DOING THE BAN

                    WASN'T ONE OF THE ITEMS IN THE LAST COMMISSION'S PURVIEW, AND THEY DID

                    IT ANYWAY, SO...

                                 (LAUGHTER)

                                 I'M JUST WONDERING IF THIS WILL -- IF WE COULD LOOK

                    FORWARD TO THAT.  NO?  ALL RIGHT.  I TRIED.

                                 MS. WEINSTEIN:  OKAY.

                                 MR. GARBARINO:  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MS. NIOU.

                                 MS. NIOU:  THANK YOU, MR. SPEAKER.  I HAVE A SLIGHT

                    COLD, SO APOLOGIES IF I START COUGHING.  I APPRECIATE THE OPPORTUNITY TO

                    SPEAK ON THE BILL.  I ALSO WANT TO THANK OUR WAYS AND MEANS CHAIR FOR

                    HER TIRELESS WORK TONIGHT.

                                 MY DISTRICT IS LOWER MANHATTAN.  WE ARE SO MANY

                    THINGS ALL TOGETHER.  I REPRESENT THE FINANCIAL DISTRICT, BATTERY PARK

                    CITY, CHINATOWN, SOUTH STREET SEAPORT AND THE LOWER EAST SIDE.  WE

                    ARE RACIALLY, ETHNICALLY AND SOCIOECONOMICALLY DIVERSE, AND WE ARE ALL

                    NEIGHBORS CARING FOR ONE ANOTHER.  ONE-THIRD OF MY DISTRICT IS NYCHA

                    HOUSING.  RIGHT NOW, WE ARE PASSING A BILL THAT INCLUDES SOME GOOD

                    THINGS, LIKE $64 MILLION FOR RENT LAW ENFORCEMENT AND $15 MILLION IN

                                         403



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    HOME STABILITY SUPPORT EVICTION PREVENTION.  BUT WE HAVE NOT INCLUDED

                    A SINGLE DOLLAR YET FOR NYCHA, WHERE PEOPLE ARE LIVING IN HORRENDOUS

                    CONDITIONS.

                                 WE ARE ON THE FRONT PAGE OF THE NEW YORK TIMES FOR

                    SEGREGATION, AND OUR STUDENTS HAVE TEACHERS THAT ARE PAYING FOR THEIR

                    SNACKS OUT OF THEIR POCKETS WITHOUT ACCESS TO BASIC SCHOOL SUPPLIES, YET

                    WE HAVE NOT FULLY FUNDED FOUNDATION AID.  MY DISTRICT ALONE IS OWED

                    $23.8 MILLION WORTH OF FOUNDATION AID.  THE FACT THAT WE COMPLAIN

                    ABOUT NOT HAVING ENOUGH MONEY FOR THINGS IMPORTANT TO US, LIKE

                    HOUSING, SOCIAL SERVICES, EDUCATION OR TRANSPORTATION FUNDING, BUT THEN

                    CHOOSE NOT TO FULLY FUND CENSUS OUTREACH DOES NOT MAKE SENSE.  WE

                    ARE ESPECIALLY LEAVING MONEY ON THE TABLE WHEN WE ARE NOT DOING

                    EVERYTHING WE CAN TO ENSURE THAT WE ARE FULLY COUNTED IN THE 2020

                    CENSUS.  THE FEDERAL REIMBURSEMENTS ARE LEFT AT THE TABLE.  THAT IS

                    ACTUAL MONEY THAT SHOULD BE OURS.

                                 WE HAVE ONE PARTICULAR SPARKLING GEM IN OUR BUDGET

                    THIS TIME.  IT IS THE PACKAGE THAT WAS CAREFULLY CRAFTED ON BAIL REFORM.  I

                    COMMEND MY COLLEAGUES THAT WORKED ON PIECES OF THIS PACKAGE.  THIS

                    IS ONE STEP TO STOPPING THE CRIMINALIZATION OF POVERTY.  THE HIGH COST OF

                    BEING POOR HAS BEEN PAID BY TOO MANY WHO HAVE EXPERIENCED A

                    TWO-TIERED CRIMINAL JUSTICE SYSTEM.  NO OTHER PIECE OF OUR BUDGET WAS

                    AS WELL HASHED OUT, AND IT ISN'T PERFECT, BUT IT IS THOUGHTFUL AND IT IS

                    GOOD.  WE SHOULD HAVE -- WE SHOULD MAKE HOW WE CRAFTED THESE

                    CRIMINAL JUSTICE REFORM BILLS AS A BETTER EXAMPLE OF REAL CONVERSATION

                    WITHIN OUR BODY.  WE DESERVE A REAL LEGISLATIVE PROCESS ON THE MOST

                                         404



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    IMPORTANT DECISIONS WE MAKE EACH YEAR AS A LEGISLATURE.

                                 WE NEED TO MAKE REAL, SYSTEMIC CHANGE.  WE BEGAN

                    THIS YEAR PROCLAIMING OUR COMMITMENT TO A NEW FUTURE FOR NEW YORK

                    STATE.  WE HAVE DONE A TREMENDOUS AMOUNT SO FAR, SUCH AS PASSING

                    GENDA, THE CHILD VICTIMS ACT, THE REPRODUCTIVE HEALTH ACT AND

                    STRICTER GUN CONTROL LAWS, BUT EVEN WITH ALL OF THAT PROGRESS WE HAVE

                    ACCOMPLISHED, ALBANY, IN MOMENTS LIKE THESE, STILL FEELS LIKE BUSINESS

                    AS USUAL.  THE LEGISLATURE HAS A KEY ROLE IN MAKING SURE THE MONEY OF

                    THE STATE IS WELL SPENT; YET, THE PROCESS WE HAVE TO MAKE THESE

                    DECISIONS IS NOT ALWAYS TRANSPARENT.

                                 THE BUDGET HAS BEEN ONE BIG POWER GRAB AFTER ANOTHER

                    BY THE GOVERNOR.  CONGESTION PRICING IS NOT CLOSE TO BEING FLESHED OUT,

                    WHICH IS PROBLEMATIC FOR BOTH SUPPORTERS AND OPPONENTS OF THE POLICY.

                    THERE ARE NO SET DETAILS ON THE TOLLING AMOUNTS, OR THE FULL SET OF

                    EXEMPTIONS THAT MIGHT BE INCLUDED.  WE'VE PUSHED THAT CONVERSATION TO

                    THE GOVERNOR-APPOINTED AUTHORITY.  THE BUDGET ALSO INCLUDES A

                    PROVISION THAT ESSENTIALLY ALLOWS THE GOVERNOR TO UNILATERALLY REMOVE A

                    MEMBER FROM THE PUBLIC AUTHORITY CONTROL BOARD, WHICH WAS

                    INSTRUMENTAL IN DEFENDING COMMUNITIES FROM AMAZON.  PUBLIC

                    FINANCING, WHICH WOULD EMPOWER OUR COMMUNITIES AND LIMIT

                    CORRUPTION HAS ALSO BEEN SIDELINED TO ANOTHER GOVERNOR-APPOINTED

                    COMMISSION.  THE FORMATION OF THIS COMMISSION INSTEAD OF A VOTE ON

                    PUBLIC FINANCING IS AN ACTION THAT IS CLEARLY AN EXAMPLE OF WHEN

                    POLITICS IS PUT BEFORE POLICY, A PERSONAL VENDETTA PRIORITIZED BEFORE

                    DEMOCRACY.

                                         405



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 IT ISN'T AN EXAGGERATION TO CALL OUT THIS PROCESS AND SAY

                    THAT IT HAS BEEN FULL OF FALSE CHOICES AND TRAPS.  I HOPE WE CAN HAVE

                    CONVERSATIONS LIKE THE ONE WE HAD ON CRIMINAL JUSTICE REFORM ON EVERY

                    ISSUE THAT WE ARE TACKLING.  WE NEED TO CONTINUE OUR CONVERSATIONS ON

                    THESE POLICIES WHICH WILL AFFECT NEW YORKERS EVERYWHERE AND PUT THEIR

                    VOICES IN THIS ROOM, LIKE WE SHOULD HAVE BEEN DOING ALL ALONG.  THIS IS

                    HOW WE MAKE GOOD POLICY.

                                 THIS IS THE OLDEST LEGISLATURE IN THE NATION.  WE

                    SHOULD BE A BEACON OF DEMOCRACY.  THE LEGISLATURE SHOULD BE A

                    COEQUAL BRANCH, BUT BY GIVING AWAY OUR LEGISLATIVE POWERS TO TAKE THE

                    PUBLIC EYE FROM US ON HARD ISSUES THROUGH GOVERNOR-APPOINTED

                    COMMISSIONS, WE UNDERCUT OUR LEGISLATIVE POWERS.  SOMETIMES WE

                    NEED TO HAVE MEANINGFUL AND UNCOMFORTABLE CONVERSATIONS IN ORDER TO

                    MAKE US A BETTER, STRONGER BODY.  WE CANNOT BE AFRAID.  WE LEARN

                    TODAY, WE CHANGE TOMORROW.  I WILL BE VOTING AFFIRMATIVE IN THIS -- ON

                    THIS BILL, BUT IT'S ONLY BECAUSE I BELIEVE THAT WE ARE PRESENTED WITH A

                    WORSE OPTION.  BUT I WANT TO THANK YOU FOR LETTING ME SPEAK ON THIS

                    VERY IMPORTANT BILL.  THANK YOU SO MUCH.

                                 ACTING SPEAKER AUBRY:  MR. JOHNS.

                                 MR. JOHNS:  GOOD MORNING, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  GOOD MORNING, SIR.

                                 MR. JOHNS:  I'D LIKE TO SPEAK ON THE BILL, AND I JUST

                    WANT TO COVER A LITTLE BIT ON CAMPAIGN FINANCE REFORM.  I'M PROBABLY

                    ONE OF THE FEW REPUBLICANS THAT'S FOR CAMPAIGN FINANCE REFORM, BUT I'M

                    FOR REAL REFORM.  AND WHAT I SAW IN THE, WELL, AT LEAST WHAT THE

                                         406



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    GOVERNOR PROPOSED, WAS VERY SIMILAR TO WHAT THIS HOUSE PASSED EIGHT

                    YEARS AGO.  AND FOR PEOPLE THAT DON'T KNOW WHAT WAS IN IT, IT WOULD

                    ALLOW INCUMBENTS, PEOPLE IN OFFICE, TO RAISE UNLIMITED AMOUNTS OF

                    MONEY, SPECIAL INTEREST MONEY, AND DURING THAT TIME, THEY COULD RAISE

                    THIS MONEY, SPECIAL INTEREST MONEY, AND THEN ONCE THEY GET AN

                    OPPONENT, THEY COULD RAISE ANOTHER $25,000 IN SMALL DONATIONS AND

                    HAVE IT MATCH SIX-TO-ONE.  THAT DOESN'T SEEM LIKE A REAL FAIR SYSTEM.

                    AND IF YOU'RE IN OFFICE AND YOU'RE A MEMBER OF THE MAJORITY PARTY, YOU

                    CAN RAISE UP TO TEN TIMES AS MUCH MONEY AS THE MINORITY MEMBER.

                    AND BY THE TIME YOU HAVE AN OPPONENT, IT'S GOING TO BE VERY TOUGH FOR

                    THAT OPPONENT TO RAISE MONEY TO TAKE ON AN INCUMBENT.  IT'S A HYBRID

                    SYSTEM.  IT'S NOT REAL CAMPAIGN FINANCE REFORM.  WHAT WE NEED IS AN

                    EITHER/OR SITUATION, EITHER YOU TAKE BIG MONEY, SPECIAL INTEREST MONEY,

                    PACS, LOBBYIST MONEY, OR YOU TAKE PUBLIC FINANCING.  WE CAN'T DO

                    BOTH.  AND THAT WOULD ALLOW EVERYBODY TO HAVE A VOICE THAT WANTED TO

                    RUN FOR OFFICE, WOULD ALLOW THEM TO TALK ABOUT ISSUES THAT ARE IMPORTANT

                    TO THE PEOPLE BACK HOME, INSTEAD OF BEING BEHOLDEN TO BIG MONEY AND

                    SPECIAL INTEREST.

                                 SO I WOULD SUGGEST THAT THIS COMMISSION IS MAYBE NOT

                    THE BEST THING THAT WE COULD BE PUTTING IN THIS BILL.  WE HAVE A LOT OF

                    SMART PEOPLE IN THIS CHAMBER.  WE CAN COME UP WITH SOME IDEAS OF

                    OUR OWN.  THE COMMISSION, THE PAID COMMISSION THAT WE -- THAT SOME

                    PEOPLE VOTED FOR A YEAR AGO WASN'T THAT WELL-RECEIVED BACK HOME WHERE

                    I'M FROM.  SO, I THINK HAVING A COMMISSION, PEOPLE THAT MAY NOT

                    UNDERSTAND REALLY WHAT'S GOING ON, IS NOT THE BEST IDEA.  AND THEN ALL

                                         407



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    WE CAN DO IS EITHER VOTE IT DOWN OR IT BECOMES LAW.

                                 SO, MY SUGGESTION IS LET'S GET TOGETHER, BOTH SIDES OF

                    THE AISLE, COME UP WITH SOME IDEAS FOR REAL CAMPAIGN FINANCE REFORM

                    AND THEN LET'S VOTE ON THAT AND HAVE THAT THE LAW OF THE LAND HERE IN

                    NEW YORK.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. SCHMITT.

                                 MR. SCHMITT:  GOOD MORNING, MR. SPEAKER.

                                 WOULD THE CHAIRWOMAN YIELD FOR A FEW QUESTIONS?

                                 MS. WEINSTEIN:  YES.

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN

                    YIELDS.

                                 MR. SCHMITT:  THANK YOU, CHAIRWOMAN.  JUST

                    WANTED TO EXPAND ON A FEW ITEMS THAT WE HAD SPOKEN ABOUT ALREADY IN

                    SOME OF THE QUESTIONING.

                                 MS. WEINSTEIN:  SURE.

                                 MR. SCHMITT:  GOING TO THE FINAL COST REPORTS AND

                    THE PENALTIES THAT HAVE BEEN ASSESSED TO CERTAIN SCHOOL DISTRICTS.  YOU

                    HAD MENTIONED THAT STANDALONE BILLS OR SOMEBODY HAD PROPOSED AN

                    OMNIBUS BILL MAY BE CONSIDERED GOING FORWARD.  NOW, IF I RECALL

                    CORRECTLY, LAST YEAR IN THE GOVERNOR'S VETOES OF THE STANDALONE BILLS, HE

                    STATED THAT THIS IS A BUDGET ITEM, HE WOULD ONLY CONSIDER TAKING IT UP IN

                    THE BUDGET.  HAS SOMETHING CHANGED SINCE THAT VETO MESSAGE?

                                 MS. WEINSTEIN:  SO, YOU KNOW, THE STAFF DID BRING

                    THAT UP TO HIM AND, YOU KNOW, TO -- SEEMS HE WASN'T INTERESTED IN DOING

                                         408



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    IT IN THE BUDGET EITHER.

                                 MR. SCHMITT:  SO, WE STILL WOULD LIKE TO TRY AGAIN,

                    MAYBE HE'S CHANGED HIS MIND.

                                 MS. WEINSTEIN:  YES.

                                 MR. SCHMITT:  WE'LL HOPE.  OKAY.

                                 GOING TO THE TAX CERTIORARI DEBT RELIEF ISSUE THAT WAS

                    INCLUDED.  THERE WAS A SOLUTION INCLUDED IN BOTH THE ASSEMBLY AND

                    SENATE ONE-HOUSE.  IT SEEMED TO BE DROPPED OUT.  HAS THERE BEEN ANY

                    COMMITMENT FROM THE EXECUTIVE IN THIS REGARD GOING FORWARD?

                                 MS. WEINSTEIN:  NO.  NO.  WE TRIED TO, AS I STATED

                    EARLIER, WE TRIED GETTING THIS IN A THREE-WAY AGREEMENT TO HAVE IT

                    INCLUDED IN THIS BUDGET; WE WERE NOT SUCCESSFUL.

                                 MR. SCHMITT:  OKAY.  THANK YOU.  GOING TO THE TAX

                    CAP AND MAKING THE TAX CAP PERMANENT.

                                 MS. WEINSTEIN:  YES.

                                 MR. SCHMITT:  I PERSONALLY FEEL THAT THIS

                    SINGLE-HANDEDLY HAS BEEN THE MOST SUCCESSFUL TAX RELIEF AND TAX

                    CONTROLLING MEASURE IN STATE HISTORY, AND I'M VERY EXCITED TO SEE THAT'S

                    INCLUDED AND, IN MY OPINION, IS THE MOST IMPORTANT PIECE THAT WE HAVE

                    IN THE BUDGET THIS YEAR.  ARE THERE ANY CHANGES OR MODIFICATIONS TO THAT

                    LANGUAGE, OR IS IT EXACTLY AS IT STANDS CURRENTLY?

                                 MS. WEINSTEIN:  IT'S A -- IT IS A STRAIGHT EXTENDER.

                                 MR. SCHMITT:  OKAY, GREAT.

                                 MS. WEINSTEIN:  PERMANENT -- NOT EXTENDER, IT IS --

                                 MR. SCHMITT:  PERMANENT EXTENSION.

                                         409



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MS. WEINSTEIN:  -- IT IS MADE PERMANENT, YES, IN

                    ITS CURRENT FORM.

                                 MR. SCHMITT:  PERFECT.  WHEN IT COMES TO THE

                    STAR EXEMPTION INCOME LIMIT CHANGES FROM $500,000 THRESHOLD TO

                    $250,000.

                                 MS. WEINSTEIN:  TO $250-, YES.

                                 MR. SCHMITT:  IS THERE AN ESTIMATE OF HOW MANY

                    HOUSEHOLDS WILL BE AFFECTED BY THIS CHANGE?

                                 MS. WEINSTEIN:  ONE HUNDRED AND THIRTY THOUSAND.

                                 MR. SCHMITT:  ONE HUNDRED AND THIRTY THOUSAND,

                    OKAY.

                                 NOW, GOING TO CONGESTION PRICING, SHOULD I DIRECT

                    THOSE QUESTIONS TO MS. PAULIN?

                                 MS. WEINSTEIN:  YES, I THINK THAT WOULD BE BEST.

                                 MR. SCHMITT:  THANK YOU, CHAIRWOMAN, I

                    APPRECIATE IT.

                                 MS. WEINSTEIN:  SURE.

                                 MR. SCHMITT:  ON THE CONGESTION PRICING, IF I WAS

                    READING IT CORRECTLY, 80 PERCENT OF ANY OF THE REVENUES COLLECTED FROM

                    THIS WOULD GO TO MTA, AND THEN 10 PERCENT WOULD GO TO METRO-NORTH;

                    IS THAT CORRECT?

                                 MS. PAULIN:  WELL, NEW YORK CITY TRANSIT WOULD

                    GET 80 PERCENT, 10 PERCENT METRO-NORTH, 10 PERCENT LIR.

                                 MR. SCHMITT:  IS THERE AN ESTIMATE OF WHAT THAT 10

                    PERCENT NUMBER FOR METRO-NORTH WOULD LOOK LIKE?

                                         410



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MS. PAULIN:  WELL, THE LOCKBOX IS WITH THE REVENUE

                    FROM THE SALES TAX AND THE REVENUE FROM THE REAL ESTATE TRANSFER TAX AND

                    THE REVENUE FROM THE CONGESTION PRICING SCHEME WOULD BE ABOUT $25

                    BILLION.  SO, 10 PERCENT WOULD BE ABOUT $2.5 BILLION.

                                 MR. SCHMITT:  OKAY.  I HEARD YOUR PREVIOUS

                    ANSWER --

                                 MS. PAULIN:  DID I SAY THAT RIGHT?  OKAY.  I'M JUST

                    TIRED, SORRY.

                                 MR. SCHMITT:  NO, THAT'S ALL RIGHT, THAT'S ALL RIGHT.  I

                    RECALL SOME OF YOUR PREVIOUS RESPONSES TO SOME OF THE QUESTIONS AND I

                    WAS WONDERING WHO HAS STANDING TO APPEAR BEFORE THE COMMITTEE OR

                    SUBCOMMITTEE YOU MENTIONED TO SEEK A CONCESSION, SUCH AS IN MY

                    DISTRICT WE HAVE MANY MEMBERS OF THE FDNY AND NYPD WHO

                    COMMUTE, AMONGST, OBVIOUSLY OTHER -- MANY OTHER MEMBERS OF UNION

                    LABOR, PRIVATE SECTOR.  WHO HAS STANDING TO GO BEFORE OR IS THERE -- WHAT

                    WOULD BE THE PROCESS TO GO BEFORE TO SEEK AN EXEMPTION OR CONCESSION

                    FROM LAW?

                                 MS. PAULIN:  WELL, IN ESTABLISHING THE TOLLS, THERE

                    WILL BE A PUBLIC HEARING AND THE REVIEW BOARD IS GOING TO BE REQUIRED

                    TO DO A CAREFUL ANALYSIS.  ANYBODY, YOU KNOW, THEY'LL BE WELL-KNOWN.

                    IT'LL BE PUBLIC WHO THEY ARE.  PEOPLE CAN REACH OUT AND SO, I DON'T KNOW

                    THAT YOU HAVE TO HAVE STANDING, PER SE.  I THINK YOU JUST HAVE TO, LIKE

                    OUR CONSTITUENTS CALL US, YOU'D PICK UP THE PHONE OR YOU SEND AN E-MAIL

                    AND YOU LET THEM KNOW YOU -- YOU THINK SOMETHING SHOULD BE

                    CONSIDERED.

                                         411



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MR. SCHMITT:  NOW, THAT HEARING OR HEARINGS, IS

                    THERE GOING TO BE ONE OR COULD BE MORE?

                                 MS. PAULIN:  WELL, THE -- CURRENTLY IN THE LAW,

                    THERE'S A REQUIREMENT FOR ONE PUBLIC HEARING FOR FARE INCREASES, FOR

                    EXAMPLE, BUT THE MTA HAS BROADENED THAT TO -- TO INCLUDE MANY

                    DIFFERENT LOCATIONS.  IN THE LAST FARE INCREASE, YOU KNOW, THEY HAD, I

                    THINK, ONE IN EVERY BOROUGH.  I KNOW THEY HAD ONE IN WESTCHESTER.

                    AND SO, WE EXPECT, BECAUSE WE MODELED THE LANGUAGE SIMILARLY, WE

                    EXPECT THAT THEY WOULD FOLLOW THE SAME PROCEDURE.

                                 MR. SCHMITT:  SO WE SHOULD EXPECT IN MY DISTRICT

                    IN ORANGE AND ROCKLAND COUNTIES TO HAVE ONE IN THE IMMEDIATE

                    VICINITY FOR PEOPLE TO ATTEND, NOT HAVING TO TRAVEL TO MANHATTAN OR TO

                    ONE OF THE FIVE BOROUGHS.

                                 MS. PAULIN:  I WOULD IMAGINE.

                                 MR. SCHMITT:  OKAY.  THANK YOU VERY MUCH.

                                 ON THE BILL, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  ON THE BILL.

                                 MR. SCHMITT:  I KNOW WE'RE VERY LATE AT NIGHT, OR

                    EARLY IN THE MORNING, HOWEVER YOU WANT TO LOOK AT IT, MR. SPEAKER, AND

                    I JUST WANTED TO REITERATE THE IMPORTANCE OF THE PROPERTY TAX CAP BEING

                    MADE PERMANENT.  I THINK IT IS THE MOST CRUCIAL AND CRITICAL PIECE OF THIS

                    BUDGET.  IT AFFECTS EVERYONE IN MY DISTRICT AND RESIDENTS ACROSS THE

                    STATE.  IT IS A NONPARTISAN ISSUE.  IT IS SOMETHING THAT WILL SAVE

                    TAXPAYERS BILLIONS AND BILLIONS OF DOLLARS IN PERPETUITY NOW.  WE HAVE

                    ALREADY SEEN THAT SUCCESS SINCE IT WAS ORIGINALLY IMPLEMENTED.

                                         412



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MANY OF THE PROBLEMS FACING NEW YORK ARE THE

                    AFFORDABILITY CRISIS.  EVERYONE IN NEW YORK DESERVES THAT THIS STATE

                    SHOULD BE A PLACE WHERE ALL CAN LIVE, WORK PROSPER AND RETIRE, AND THE

                    PROPERTY TAX CAP BEING MADE PERMANENT WILL MAKE THAT A LITTLE BIT

                    EASIER.

                                 UNFORTUNATELY, WE SEE IN THE FINAL BILL LANGUAGE HERE A

                    WHOLE MESS OF ITEMS PUSHED TOGETHER.  I PERSONALLY DO NOT APPRECIATE

                    AND ENJOY THE MANY PIECES THAT WERE PUT TOGETHER THAT I WOULD LIKE TO

                    BE DEBATED ON A STANDALONE MEASURE, BUT I DO KNOW THAT I'M PROUD TO

                    HAVE WORKED ON AND MY CONFERENCE IS PROUD TO HAVE WORKED ON THIS

                    PERMANENT PROPERTY TAX CAP.  I APPRECIATE YOUR TIME AND HOPE EVERYONE

                    ENJOYS THE REST OF THE MORNING.

                                 ACTING SPEAKER AUBRY:  MS. BICHOTTE.

                                 MS. BICHOTTE:  THANK YOU, MR. SPEAKER.

                                 ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MA'AM.

                                 MS. BICHOTTE:  I HAVE RECENTLY BEEN VOCAL ABOUT

                    MY POSITION AND CONCERNS ON CONGESTING PRICING SURCHARGE ON VEHICLES

                    ENTERING INTO THE CENTRAL BUSINESS DISTRICT OF MANHATTAN.  AND, YOU

                    KNOW, NOT BECAUSE I DON'T BELIEVE WE SHOULD ADDRESS CONGESTION,

                    BECAUSE I DO BELIEVE THAT WE SHOULD ADDRESS CONGESTION, AND IT'S NOT

                    BECAUSE THAT I DON'T BELIEVE THAT THE MTA TRANSIT SYSTEM NEEDS TO BE

                    FIXED.  OBVIOUSLY, WE KNOW THAT OUR SUBWAYS, OUR BUSES, OUR RAILWAYS

                    NEEDS FIXING.  I EXPRESSED CONCERNS BECAUSE OF HOW IT MAY IMPACT THE

                    PEOPLE IN OUR CITY AND THEIR LIVELIHOOD, AND ON THE ACCOUNTABILITY OF

                                         413



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    MTA, MAKING SURE THAT THESE FIXES HAPPEN.

                                 NEW YORK CITY RIGHT NOW IS ABOUT TO EMBARK ON A

                    MAJOR, MAJOR UNDERTAKING WITH TOLLS AND SURCHARGES ON DRIVERS DRIVING

                    INTO MANHATTAN, FROM THE SOUTH OF MANHATTAN UP TO THE 60TH STREET,

                    AND THIS WILL TAKE EFFECT UNTIL 2021.  AND RIGHT NOW, WE'RE ASKING

                    PEOPLE OF NEW YORK CITY, THE WORKING CLASS, TO MAKE ANOTHER FINANCIAL

                    SACRIFICE.  MANY OF US LIVE IN THE CITY IS IN A SITUATION WHERE WE'RE

                    LIVING FROM PAYCHECK TO PAYCHECK, AND NOW WE'RE ASKING FOR THEM TO

                    FURTHER BURDEN THEIR FINANCIAL SITUATION.

                                 I HAVE A VERY DIVERSE DISTRICT WITH ACCESS TO PUBLIC

                    TRANSPORTATION IN SOME PARTS AND LESS IN OTHER PARTS.  PARTS OF MY

                    COMMUNITY DON'T RIDE THE SUBWAY FOR VARIOUS REASONS.  MANY FEEL THAT

                    DRIVING IS THE ONLY ALTERNATIVE ROUTE BECAUSE OF THE UNKEPT, DELAYED,

                    MALFUNCTIONED PUBLIC TRANSPORTATION THAT HARDLY GETS ANY ATTENTION,

                    ESPECIALLY IN THE OUTER BOROUGHS.  MR. SPEAKER, FOR MANY YEARS THERE

                    HAS BEEN A MOVING DISPARITY IN THE OUTER BOROUGHS.  TAXI CABS WERE

                    SPECIFICALLY NOT PICKING UP OR WANTING TO DROP PASSENGERS IN THE OUTER

                    BOROUGHS.  IN MANY CASES, THEY WERE RACIALLY BIASED.  THE SUBWAYS AND

                    BUSES WERE INADEQUATELY FUNDED, WHICH MADE THE EXPERIENCE OF A

                    TRANSIT RIDER SUBPAR, WITH DELAYS CAUSING THEM HARDSHIP TO BALANCE LIFE,

                    LIKE GETTING TO WORK, GOING TO THE DOCTOR, OR GETTING THEIR CHILDREN TO

                    SCHOOL ON TIME.  BECAUSE OF THE RACIAL AND SOCIOECONOMIC DISPARITIES OF

                    HAVING A BROKEN TRANSIT SYSTEM OR NO SYSTEM AT ALL, THERE BECAME AN

                    OPPORTUNITY OF MEMBERS OF OUR COMMUNITY TO CREATE A SECOND TIER

                    TRANSPORTATION SYSTEM.  AND IN MY CASE IN MY COMMUNITY, THEY WERE

                                         414



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    CALLED A DOLLAR VAN.  THE DOLLAR CAB.  A PHENOMENON THAT WAS ADOPTED

                    FROM DIFFERENT CARIBBEAN COUNTRIES LIKE JAMAICA AND HAITI AND IN

                    CREOLE, WE SAY (SPEAKING CREOLE).  WE NOW HAD AN ALTERNATE MEANS OF

                    TRANSPORTATION TO MOVE PAST THE DELAYED BUSES AND BROKEN, UNKEPT

                    TRAINS AND FOR THE DESERTS IN SOUTH BROOKLYN LIKE CANARSIE.  IT WAS THE

                    ONLY MEANS TO MOVE AROUND.  AND THEN WHEN THAT WAS NOT ENOUGH, MR.

                    SPEAKER, RIDE SHARING WAS INTRODUCED, WHERE MEMBERS OF OUR

                    COMMUNITY WERE NOT ONLY MAKE A LIVING WAGE AS DRIVERS, BUT WAS ABLE

                    TO PARTICIPATE IN HELPING MOVE NEW YORK.

                                 SO, ALL OF THIS DISPARITY WAS A CONTRIBUTING FACTOR TO

                    THE ISSUE THAT WE'RE FACING TODAY, CONGESTION.  MEANWHILE, THE

                    CONDITIONS OF THE SUBWAYS WERE GETTING WORSE - AN INCREASE OF MOLD,

                    STAIRWAYS NOT FIXED, BROKEN TRACKS INFESTED WITH RATS, DELAYED TRAINS,

                    OUT OF DATED -- OUTDATED TECHNOLOGY.  FARES WERE INCREASING AND WE, AS

                    LEGISLATORS, WERE ALLOCATING BILLIONS OF DOLLARS OF CAPITAL IN THE PAST TO

                    FIX OUR SUBWAY SYSTEM AND, YET, HAVE LITTLE OR NO EFFECTIVE RESULT TO

                    SHOW FOR IT.  THE FUNDS WENT DISPROPORTIONATELY, MOSTLY TO MANHATTAN

                    AND, ON TOP OF THAT, THE TRANSIT WORKERS WERE BEING DOWNSIZED IN MY

                    DISTRICT.  AND WHEN WE TALK ABOUT BENEFITS FOR THESE TRANSIT WORKERS,

                    THEIR PENSION WERE BEING COMPROMISED.

                                 SO, WHAT HAPPENED IS WHEN MANHATTANERS WERE

                    COMING INTO THE OUTER BOROUGHS, THEY REALIZED THE SUBSTANDARD

                    CONDITIONS WE WERE LIVING IN FOR YEARS.  AND SO, THE SQUEAKY WHEEL

                    WAS FINALLY HEARD.  NOW THAT PEOPLE FINALLY HAVE AN OPTION ON HOW TO

                    MOVE, WHETHER IT'S DRIVING VIA RIDE SHARING OR VIA -- WAS MORE THAN JUST

                                         415



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    TO HOP ON A BUS OR A SUBWAY, WHICH WOULD TAKE ACTUALLY TWO HOURS

                    MORE THAN DRIVING TO MANHATTAN, WAS AN OPTION THAT PEOPLE DECIDED

                    THAT THEY WOULD PREFER.

                                 SO, CONGESTION PRICING, THE NOTION OF IT NO LONGER

                    BECAME AN ENVIRONMENTAL THING.  IT BECAME, WELL, LET'S TAX THE WORKING

                    CLASS TO FIX THE SUBWAY VERSUS TAXING THE MILLIONAIRES.  ACCORDING TO

                    KEEP NYC CONGESTION FEE [SIC], HERE ARE THREE MYTHS THAT WERE NOTED:

                    MYTH NUMBER ONE:  CONGESTION PRICING WILL FIX THE SUBWAY.  ESTIMATES

                    ON COST TO OVERHAUL THE NEW YORK CITY SUBWAY SYSTEM RANGES FROM

                    ABOUT $19- TO $38 BILLION.  AT THE MOST, IT WAS ESTIMATED THAT

                    CONGESTION TAX WILL RAISE AROUND $800 MILLION PER YEAR.  CONGESTION

                    PRICING, EVEN IF FULLY DEVELOPED AND COMPLETED -- COMPLETELY

                    IMPLEMENTED WILL NOT BE ENOUGH, AND THAT WAS QUOTED BY THE FORMER

                    CHAIR OF MTA, JOE LHOTA.  MYTH NUMBER TWO:  CONGESTION PRICING WILL

                    REDUCE CONGESTION IN MANHATTAN.  NOW, THE DATA SHOWS THAT TRIPS BY

                    PRIVATE AUTOMOBILES INTO MANHATTAN CENTRAL BUSINESS DISTRICT HAVE

                    BEEN DECLINING FOR TWO DECADES.  INSTEAD, CONGESTION IS BEING CAUSED

                    BY THE EXPLOSIVE GROWTH OF SERVICES LIKE UBER AND LYFT.  THESE SERVICES

                    ARE NOT GENERATING CONGESTION BY GOING IN AND OUT OF THE PLAN ZONE,

                    THEY ARE ACTUALLY TROLLING AROUND FOR RIDES WITHIN THE ZONE ITSELF.  SO,

                    YOU ASK YOURSELF, HOW WE GOING TO BE GENERATING REVENUE?

                                 MYTH NUMBER THREE:  CONGESTION PRICING WILL ONLY

                    IMPACT THE WEALTHY.  NEW YORK CITY RESIDENTS WHO COMMUTE VIA PRIVATE

                    AUTOMOBILES MAKE VIRTUALLY THE SAME AVERAGE INCOME AS THOSE WHO

                    COMMUTE BY BICYCLE, AND LESS THAN THOSE WHO WALK TO WORK.

                                         416



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    CONGESTION PRICING WILL AFFECT MIDDLE-CLASS COMMUTERS, MANY OF WHOM

                    LACK ACCESS TO RELIABLE SUBWAY TRANSPORTATION.  CONGESTION PRICING

                    WILL IMPOSE SURCHARGES ON PEOPLE WITH VEHICLES ENTERING THE CENTRAL

                    BUSINESS DISTRICT.

                                 AGAIN, THESE ARE NOT JUST WEALTHY PEOPLE WHO HAVE

                    VEHICLES WHO LIVE IN THE CBD.  MIDDLE-CLASS PEOPLE DRIVE INTO THE

                    CBD.  SOMETIMES YOU HAVE LOW-INCOME.  THIS WOULD IMPACT

                    MIDDLE-INCOME WORKING CLASSES WHERE THEIR VEHICLES THAT THEY HAVE TO

                    MAINTAIN THROUGH INSURANCE REPAIR AND GAS EXPENSES, AGAIN, WILL BE

                    ANOTHER FINANCIAL BURDEN, AND EVEN MORE TAXING ARE THE METERED

                    PARKING FEES AND THE OUTRAGEOUS PARKING GARAGE FEES.  YOU HAVE

                    BUSINESSES WHO NEED TO TRAVEL THROUGHOUT THE CITY.  THOSE WITH

                    VEHICLES AND THOSE WITHOUT, FOR-HIRE VEHICLE PASSENGERS ARE MOST LIKELY

                    TO BE HIT WITH A COST-TRANSFER TO THEM.  CONSUMERS EVENTUALLY WILL BE

                    STUCK WITH A BILL AFTER SUPPLIERS TRANSFER COST TO BUSINESSES AND

                    BUSINESSES TRANSFER THE COST TO THE CONSUMERS BY INCREASING THE PRICE

                    MERCHANDISE.  WILL OUR TAXPAYERS OVERALL GET HIT TO COVER THE COST OF THE

                    BILLS THAT WILL BE PAID FOR BY THE GOVERNMENT?  BECAUSE THERE ARE THOSE

                    WHO NEED TO BE EXEMPT FROM THE SURCHARGE, ASSESS [SIC]

                    (ACCESS)-A-RIDE, FIRST RESPONDER VEHICLES.

                                 NOW LET'S TALK ABOUT SOME EXEMPTIONS.  THERE ARE

                    VERY -- THERE ARE SOME CONCERNS ABOUT CARVE-OUTS AND EXEMPTIONS.  FOR

                    EXAMPLE, PATIENTS WITH SERIOUS MEDICAL NEEDS.  IMPOSING COSTS FOR

                    CONGESTION PRICING CANNOT BE ALLOWED TO IMPEDE ON ONE'S HEALTH.

                    PEOPLE WITH DISABILITIES OR MOBILITY; SENIOR CITIZENS; LOW-INCOME FOR

                                         417



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    SINGLES; LOW-INCOME FOR HOUSEHOLDS; DISTRICT WITH LOW RATES OF DRIVERS.

                    I MEAN, I KEEP HEARING THIS THING SAYING, OH, IN YOUR DISTRICT ONLY 1 TO

                    2 PERCENT OF PEOPLE OR DRIVERS WILL BE IMPACTED.  WELL, IF THAT'S THE

                    CASE, LET'S EXEMPT THOSE DISTRICTS.  YOU'RE NOT GOING TO GET MUCH MONEY

                    OUT OF IT ANYWAY.  RESIDENTS IN THE CENTRAL BUSINESS DISTRICT, THEY

                    SHOULD NOT BE CHARGED.  RIGHT NOW, THEY'RE GOING TO BE HOSTAGE IN THEIR

                    OWN DISTRICT, IT'S UNFAIR.  HOW ABOUT THE BRIDGE RIDERS?  THEY'RE GOING

                    TO BE TAXED TWICE:  TRIBOROUGH BRIDGE, VERRAZZANO BRIDGE,

                    BROOKLYN-BATTERY TUNNEL, QUEENS-MIDTOWN TUNNEL.  AND IF WE -- WE

                    DECIDE TO REROUTE EVERYBODY ONTO THE BQE AND FDR, THEN WE'RE GOING

                    TO HAVE ANOTHER CONGESTION CRISIS AND OUR INFRASTRUCTURE WILL BE BROKEN.

                                 SO, WHEN WE TALK ABOUT OTHER SOURCES OF INCOME,

                    WE'RE SAYING THAT CONGESTION PRICING IS GOING TO GENERATE ABOUT $800-

                    TO $1.1 BILLION EACH YEAR.  THERE'S A REAL ESTATE TRANSFER TAX THAT'S BEING

                    INCORPORATED, BUT AS YOU KNOW, IT'S HARD TO KIND OF SUSTAIN THAT BECAUSE

                    YOU ONLY GET THE TAX WHEN THERE'S A SALE THAT HAPPENS.  AND HOW

                    CONSISTENT WILL THAT HAPPEN?  INTERNET SALES WILL BE ABOUT $300 MILLION.

                    AND THEN WE HAVE THE MILLIONAIRES' TAX AGAIN THAT WAS COMPLETELY

                    EXCLUDED.  WHAT ABOUT THE MILLIONAIRES' TAX, WHICH WOULD GENERATE

                    ABOUT $500 MILLION.  WE TALKED ABOUT A PIED-À-TERRE TAX.  AGAIN, WE'RE

                    HEARING THAT, OH, WE CANNOT USE THIS FORM OF MILLIONAIRE TAX BECAUSE

                    IT'S UNCONSTITUTIONAL.  WELL, YOU KNOW WHAT?  WHAT'S UNCONSTITUTIONAL

                    IS TARGETING THE WRONG GROUP.  WHAT'S UNCONSTITUTIONAL IS TARGETING

                    WORKING CLASS PEOPLE AND FINDING A WAY TO TAX THEM.  AND THAT, IN

                    ITSELF, IS A VIOLATION OF THE EQUAL PROTECTION CLAUSE.

                                         418



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 WHEN WE TALK ABOUT CONGESTION, IT SHOULD BE A

                    CITY-WIDE ISSUE.  IN MY DISTRICT, THERE'S A LOT OF CONGESTION.  I LIVE IN

                    BROOKLYN, THE MOST CENTER PART OF BROOKLYN, A PLACE WHERE IT'S CALLED

                    FLATBUSH JUNCTION.  IF WE'RE -- IF WE'RE GOING TO BE ADDRESSING AIR

                    QUALITY IN MANHATTAN, WE SHOULD BE ADDRESSING AIR QUALITY ALL OVER THE

                    PLACE.  WE SHOULD THINK ABOUT INCENTIVES LIKE ENVIRONMENTALLY-FRIENDLY

                    VEHICLES, TAX CREDITS; INVESTING IN MORE TRAFFIC OFFICERS; FINDING A WAY

                    TO EXPAND OUR TRUCK LOADING ZONES TO AVOID DOUBLE PARKING.

                                 MR. SPEAKER, LAST WEEK AFTER MEETING WITH PAT FOYE,

                    THE PRESIDENT OF MTA, WE DID ADDRESS THESE CONCERNS.  WE TALKED

                    ABOUT WHAT'S THE PLAN, WHAT'S THE PLAN TO BE LAID OUT?  WE TALKED ABOUT

                    THE MONEY, HOW IT WILL BE SPENT ON ACTUAL REPAIRS AND CAPITAL

                    IMPROVEMENTS AND NOT MERELY BE ON VANITY PROJECTS.  WE TALKED ABOUT

                    HAVING A SAY ON THIS PANEL, THE TRAFFIC MOBILITY REVIEW BOARD OF SIX,

                    AND HAVING A SAY ON CARVE-OUTS, EXEMPTIONS, TOLLS AND CREDITS.  WE

                    TALKED ABOUT HOW THE MONEYS WILL BE SECURED IN A LOCKBOX SO THAT IT'S

                    SPECIFICALLY ALLOCATED TO FIXING THE SUBWAY, TO FIXING OUR PUBLIC MASS

                    TRANSPORTATION, INCLUDING LIR, THE LONG ISLAND RAILROAD, AS WELL AS THE

                    METRO-NORTH.  WE ALSO TALKED ABOUT THE STATE LEGISLATURE HAVING A

                    VETOING POWER ON THE CAPITAL REVIEW BOARD IF THERE'S NO REAL PROGRESS.

                                 IT MADE ME A LITTLE BIT MORE COMFORTABLE TO SEE THAT

                    THERE'S PROGRESS IN TERMS OF ACCOUNTABILITY AND TRANSPARENCY, BUT AS A

                    LEGISLATOR, I'M NOT FULLY SATISFIED; HOWEVER, I KNOW THERE'S MEMBERS IN

                    MY DISTRICT WHO ARE FOR CONGESTING PRICING AND I KNOW MANY MORE WHO

                    ARE AGAINST IT.  AND WITH THAT, AS A LEGISLATOR, I HAVE TO BE OPEN-MINDED

                                         419



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    AND HOPE THAT THERE'S INTEGRITY IN THE PLAN THAT'S LAID OUT.  I ALSO HOPE

                    THAT GOING FORWARD, ALL THE ENERGY THAT'S PUT INTO THIS TAXING OF THE

                    WORKING CLASS WILL SOON SHIFT TO TAXING THE MILLIONAIRES, BECAUSE THAT'S

                    MONEY THAT WE CAN GET IMMEDIATELY.  THAT'S MONEY WE CAN GET

                    IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  MS. BICHOTTE, YOU

                    WILL -- EXPIRED YOUR TIME.  YOU CAN COME BACK.

                                 MS. BICHOTTE:  THANK YOU, MR. SPEAKER.  AND I

                    WILL -- I WILL VOTE IN THE BUDGET -- I WILL VOTE FOR THIS BUDGET AND I HOPE

                    THAT I BECOME A VERY ACTIVE PARTICIPANT IN THE MOVEMENT FOR AN

                    EQUITABLE AND FAIR OUTCOME FOR OUR NEW YORKERS.  THANK YOU, MR.

                    SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MS. BYRNES.

                                 MS. BYRNES:  THANK YOU, MR. SPEAKER.  I HAVE TO

                    JUST ABOUT BE THE LAST, HOPEFULLY, THE LAST OR ALMOST THE LAST IS NOT LEAST.

                                 ACTING SPEAKER AUBRY:  I'M AFRAID NOT.

                                 (LAUGHTER)

                                 MS. BYRNES:  OH, WELL; WE'RE HERE ANYWAY.  IF

                    MADAM CHAIR, IF I COULD ASK YOU SOME QUESTIONS, MA'AM?

                                 MS. WEINSTEIN:  SURE, BE HAPPY TO.

                                 MS. BYRNES:  THANK YOU, IF YOU'RE WILLING TO YIELD.

                                 MS. WEINSTEIN:  YES.

                                 MS. BYRNES:  ALTHOUGH YOU MAY NEED TO DEFER,

                    BECAUSE I DO HAVE A COUPLE OF QUESTIONS ON THE -- THE ELIMINATION OF

                                         420



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    CASH BAIL IN THE JUSTICE SYSTEM, AND I BELIEVE YOU HAD TURNED IT OVER TO

                    ANOTHER MEMBER.

                                 MS. WEINSTEIN:  YES, ASSEMBLYWOMAN LATRICE

                    WALKER HAS SPONSORED THIS BILL AND NEGOTIATED THE PROVISIONS, SO SHE'LL

                    BE RESPONDING.

                                 MS. BYRNES:  THANK YOU, MA'AM.

                                 MS. WALKER:  THANK YOU.

                                 MS. BYRNES:  HOW ARE YA?

                                 OKAY, I'VE GOT JUST A COUPLE OF QUESTIONS.  EARLIER,

                    PROBABLY AT THIS POINT ABOUT TWO OR THREE HOURS AGO, THERE WAS SOME

                    DISCUSSION ABOUT WHAT THE COSTS MAY OR MAY NOT BE, BOTH FINANCIALLY

                    AND SOCIETAL, TO HAVING ANY REFORM OF THE BAIL SYSTEM.  ONE THING THAT

                    WASN'T DISCUSSED AT THE TIME THAT I WANT TO TOUCH ON, THOUGH, IS MY

                    UNDERSTANDING FROM WHAT I'VE HEARD FROM MEMBERS OF THE NEW YORK

                    STATE SHERIFF'S ASSOCIATION IS THAT THEY THINK THAT THERE'S GOING TO BE A

                    DIRECT COST TO THEM IN ORDER TO TRACK DOWN AND REARREST PEOPLE WHO

                    HAVE TO HAVE BENCH WARRANTS ISSUED FOR THEIR ARREST, AND I WANTED TO

                    KNOW WHAT YOUR THOUGHTS WERE ON THAT, MA'AM.

                                 MS. WALKER:  WELL, I BEG TO DIFFER.  THERE WILL BE

                    SOME SAVINGS IN LIEU OF LESS USAGE OF THE JAILS AND LESS PRECONVICTION

                    INCARCERATIONS.  AND ALSO, THERE WILL BE NOTIFICATIONS THAT WILL BE SENT

                    OUT TO INDIVIDUALS AND I BELIEVE THIS IS IN A CASE OF WHERE DESK

                    APPEARANCE TICKETS ARE ADMINISTERED.

                                 MS. BYRNES:  GOING TO THAT, IF THERE ARE APPEARANCE

                    TICKETS AND THE COURT IS REQUIRED TO GIVE NOTIFICATIONS TO PEOPLE BY WAY

                                         421



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    OF TEXT, PHONE, ELECTRONIC MAIL, FIRST-CLASS MAIL, UNDERSTAND THAT AND

                    THAT WORKS GREAT FOR INDIVIDUALS WHO HAVE PHONES AND WHO HAVE

                    HOMES.  I SAW A NUMBER OF PEOPLE WHO CAME IN FRONT OF ME ON A DAILY

                    BASIS WHO WERE HOMELESS AND INDIGENT AND DIDN'T HAVE THESE THINGS.

                    OBVIOUSLY, PRETRIAL RELEASE SERVICES, MANY, MANY DECADES AGO WAS

                    ORIGINALLY FORMULATED TO HELP THESE INDIVIDUALS MAKE THEIR COURT DATES,

                    BUT HOW WOULD YOU EXPECT TO DO THESE OFFICIAL NOTIFICATIONS WHEN

                    INDIVIDUALS MAY NOT BE ABLE TO BE CONTACTED?

                                 MS. WALKER:  WELL, I BELIEVE IT'S TO THE EXTENT

                    POSSIBLE.  AND JUST SO I'M CLEAR, YOU KNOW, I BELIEVE THAT AT LEAST THOSE

                    ARE A MODICUM OF PRETRIAL SERVICES THAT ONE COULD BE ABLE TO AVAIL

                    THEMSELVES OF.  I'M SURE THEY WOULD LOOK FORWARD TO RECEIVING THE TEXT

                    MESSAGES OR THE TELEPHONE CALLS, BUT SINCE YOU MENTIONED THAT SOME OF

                    THESE PEOPLE MAY NOT HAVE TELEPHONES OR THE TEXT MESSAGE OR E-MAIL

                    CAPABILITIES, WHAT WOULD YOU CONSIDER TO BE AN ALTERNATIVE FOR THAT?

                    SHOULD WE KEEP THOSE INDIVIDUALS INCARCERATED BECAUSE THEY DON'T HAVE

                    THE MECHANISMS TO BE CONTACTED?

                                 MS. BYRNES:  ABSOLUTELY NOT.

                                 MS. WALKER:  I WAS JUST CHECKING.

                                 MS. BYRNES:  WHEN I WAS A JUDGE AND EVERYBODY

                    KNOW WHO WERE, WHAT THEY DID IS THEY LOOKED AT A PERSON'S RECORD, THEY

                    LOOKED AT THE KNOWLEDGE, DID THE PERSON COME BACK TO COURT WHEN THEY

                    WERE RELEASED PREVIOUSLY, THEY LOOKED AT THEIR NYSID TO DETERMINE IF

                    THEY HAVE A HISTORY OF BENCH WARRANTS OR ARREST WARRANTS ON THEIR

                    RECORDS, AND INDIVIDUAL COURT RECORDS, CITY COURT AT THAT POINT KEPT ITS

                                         422



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    OWN INTERNAL RECORDS, TO MAKE DECISIONS.  OBVIOUSLY, THE SERIOUSNESS

                    OR THE LACK OF SERIOUSNESS OF THE OFFENSE AND ANY OTHER FACTOR, DID THE

                    PERSON HAVE A JOB, THINGS THAT WOULD GIVE YOU SOME LEVEL OF ASSURANCE

                    THAT A PERSON WOULD COME BACK TO COURT.  IF A JUDGE FELT THAT THEY

                    WEREN'T A GOOD RISK TO COME BACK TO COURT, THEN BAIL WOULD BE SET.

                    SOMETIMES BAIL WOULD BE SET AS LITTLE AS $1 OR $2 OR $3 IF THAT'S ALL THE

                    PERSON MAY HAVE HAD IN THEIR POCKET BECAUSE THAT WAS IMPORTANT TO

                    THEM, AND THAT WOULD BE ENOUGH TO ENSURE THAT SOMEBODY CAME BACK TO

                    COURT.

                                 MS. WALKER:  WELL, I'M GLAD THAT YOU MENTIONED

                    THAT, BECAUSE THERE WAS A SITUATION RECENTLY THAT I DID HAVE AN

                    OPPORTUNITY TO WORK ON WHERE SOMEONE HAD BEEN ASSESSED BAIL FOR $1,

                    IT WAS A $1 HOLD THAT WAS PLACED ON THAT INDIVIDUAL.  AND WHEN I

                    CONTACTED THE FAMILY MEMBERS TO BE ABLE TO GO DOWN AND PAY THAT $1

                    HOLD, DID YOU KNOW WHAT SOMEONE SAID TO ME?  ASSEMBLYWOMAN, I

                    WOULD LOVE TO BE ABLE TO GO AND PAY THAT $1 HOLD, BUT I DON'T HAVE THE

                    CAR FARE TO GET DOWNTOWN.  SO, AGAIN, EVEN WHEN THERE ARE -- IS BAIL THAT

                    IS SET AS LOW AS $1, POVERTY STILL PLAYS AN IMPORTANT ROLE IN EXERCISING

                    DISCRIMINATION IN OUR CRIMINAL JUSTICE SYSTEM, AND IT'S THAT THAT WE WANT

                    TO WEED OUT WITH THIS BILL.

                                 MS. BYRNES:  THERE'S NO QUESTION ABOUT THE FACT

                    THAT POVERTY IS CERTAINLY A CONSIDERATION, AND I BELIEVE THOSE ARE THINGS

                    THAT ARE TAKEN INTO CONSIDERATION, BUT ALSO WHEN WE'RE TALKING ABOUT THE

                    FACT THAT EVEN UNDER THIS BILL THAT THERE ARE SOME SITUATIONS WHERE, STILL,

                    ON MISDEMEANORS AND OTHER MATTERS OF A LOW LEVEL, THAT IF IT'S

                                         423



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    DEMONSTRATED THAT THE PERSON IS A RISK AND THE COURT MAKES A

                    DETERMINATION THAT THE PERSON IS A RISK OF FLIGHT THAT BAIL CAN STILL BE SET;

                    ISN'T THAT CORRECT?

                                 MS. WALKER:  IN CERTAIN SITUATIONS, YOU'RE

                    ABSOLUTELY RIGHT.

                                 MS. BYRNES:  NOW, WHAT CONSTITUTES THE LEVEL OF

                    PROOF REQUIRED TO MAKE THIS DEMONSTRATION?  CAN I -- IF I WERE A JUDGE

                    STILL, CAN I JUST LOOK AT THEIR NYSID TO SEE IF THEIR BENCH WARRANT OR

                    ARREST WARRANT HISTORIES AND THINGS OF THAT NATURE, OR -- OR WOULD I HAVE

                    TO CONDUCT A FULL-BLOWN EVIDENTIARY HEARING WHERE PEOPLE TESTIFIED AND

                    MAKE A DECISION BASED UPON SOME OTHER LEVEL OF PROOF?

                                 MS. WALKER:  WELL, IN THE CASE OF THE OFFENSES THAT

                    ARE STILL BAIL-ELIGIBLE, WE HAVE NOT CHANGED THE NEW YORK STATE COURT

                    OF APPEALS DECISIONS THAT HAVE ALLOWED FOR COURTS TO BE ABLE TO LOOK AT

                    THE NATURE OF THE OFFENSE AND THE SEVERITY OF THE SENTENCE WHICH MAY BE

                    IMPOSED.  FOR INSTANCE, IN THOSE CASES REGARDING PEOPLE V. PERONE AND

                    PEOPLE V. PARKER.  IN ADDITION TO THAT, THE NEW YORK -- THE UNITED

                    STATES CONSTITUTION IN THE SALERNO DECISION, WHICH IS, YOU KNOW, THE

                    LAW OF THE LAND, ALSO ALLOWS FOR CERTAIN OTHER SITUATIONS TO BE

                    CONSIDERED.  HOWEVER, HOWEVER, HOWEVER, ONE OF THE THINGS THAT WE

                    FIND THAT IS EXTREMELY IMPORTANT HERE, AND I DO APPRECIATE THAT WE HAVE

                    INCLUDED THE NEW YORK STATE HUMAN RIGHTS LAW WHICH DISALLOWS FOR

                    DISCRIMINATION BASED ON SEX, BASED ON YOUR INCOME LEVELS, BASED ON

                    YOUR NATIONAL ORIGIN, BASED ON YOUR RACE.  SO, WE'RE DOING EVERYTHING

                    THAT WE CAN IN ORDER TO WEED OUT THE TYPE OF DISCRIMINATION THAT YOU'RE

                                         424



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    DESCRIBING.

                                 MS. BYRNES:  SO IRONICALLY, THE TYPES OF THINGS

                    YOU'RE SAYING THAT YOU WANT TO BE CONSIDERED ARE EXACTLY THE SAME

                    THINGS THAT ARE ALREADY CONSIDERED BY JUDGES IN THE SYSTEM, BECAUSE THE

                    THINGS YOU MENTIONED WERE JUST THE ONES I MENTIONED JUST A COUPLE OF

                    MINUTES AGO.  TURNING TO ANOTHER QUESTION, YOU ALSO --

                                 MS. WALKER:  THERE'S A LOT MORE WORK THAT WE

                    HAVE LEFT TO DO WITHIN THIS BILL, RESPECTFULLY, AND I LOOK FORWARD TO

                    WORKING WITH ALL OF OUR COLLEAGUES, PARTICULARLY, YOU KNOW, THE

                    EXECUTIVE OFFICE AS WELL AS THOSE SENATORS, IN ORDER TO MAKE SURE THAT

                    WHILE THIS IS A VERY IMPORTANT FIRST STEP IN BAIL REFORM, THAT WE ARE ALSO

                    CONSIDERING A NUMBER OF ITEMS THAT WE WERE NOT ABLE TO ACCOMPLISH ON

                    THIS ROUND.

                                 MS. BYRNES:  ALL RIGHT.  TURNING RIGHT NOW,

                    THOUGH, TO THE BILL AT-HAND, MY UNDERSTANDING IS THE BILL ALSO INDICATES

                    NOW THAT WHEN CASH BAIL IS SET, THE JUDGE SHALL SELECT THREE OR MORE

                    SUCH OPTIONS, ONE OF WHICH SHALL BE AN UNSECURED OR PARTIALLY SECURED

                    BOND; IS THAT CORRECT, MA'AM?  YES OR NO?

                                 MS. WALKER:  YES.

                                 MS. BYRNES:  OKAY.  NOW, THAT BEING THE CASE, IF

                    WE HAVE SOMEBODY WHO'S ACCUSED OF A VIOLENT FELONY OF OFFENSE, OF A

                    ROBBERY, ARMED ROBBERY, BURGLARY OF A HOME, RAPE, AND A JUDGE SETS

                    CASH BAIL, UNDER THIS STATUTE ONE OF THE THREE OPTIONS HAS GOT TO BE AN

                    UNSECURED OR PARTIALLY SECURED BOND; IS THAT CORRECT?  THAT DOES SEEM

                    TO BE THE PLAIN READING OF WHAT I'M LOOKING AT.

                                         425



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MS. WALKER:  WELL, PARTIALLY SECURED CAN BE ABOUT

                    90 PERCENT OF THAT BOND.  YOU DON'T HAVE TO GO TO A BAIL BONDSMAN.

                                 MS. BYRNES:  AN EXCEEDINGLY MINIMAL AMOUNT, OR

                    JUST FLAT-OUT RELEASED, BECAUSE AN UNSECURED BOND AND A PARTIALLY

                    SECURED SURETY BOND, FROM MY EXPERIENCE, ARE BASICALLY THE EQUIVALENT

                    OF NO BOND; WOULD YOU AGREE WITH ME ON THAT?  THAT'S THE CONCEPT OF

                    UNSECURED.

                                 MS. WALKER:  PARTIALLY SECURED BOND IS JUST WHAT IT

                    IS, MA'AM, A PARTIALLY SECURED BOND.  SO, I CAN'T SAY THAT IT'S NO BOND IF

                    IT'S SECURED.

                                 MS. BYRNES:  IT'S UNSECURED.

                                 MS. WALKER:  OR, IT COULD BE A PARTIALLY SECURED.

                                 MS. BYRNES:  ALL RIGHT.  TO A VERY MINIMAL AMOUNT

                    AND A MINIMAL PERCENTAGE.

                                 MS. WALKER:  IT'S UP TO THE JUDGE.

                                 MS. BYRNES:  SO A PERSON CHARGED WITH A VIOLENT

                    FELONY OFFENSE, A VERY HIGH LEVEL FELONY WHERE THEY CAN DO MANY, MANY

                    YEARS IN STATE PRISON, IF THEY WERE TO BE CONVICTED OR PLEAD GUILTY, NO

                    MATTER WHAT DOLLAR AMOUNT A JUDGE SETS, THEY'LL ALWAYS HAVE THE OPTION

                    OF ALMOST VIRTUALLY HAVING AN ROR BECAUSE OF THE UNSECURED OR

                    PARTIALLY SECURED SURETY BOND, CORRECT?

                                 MS. WALKER:  NO, IT'S UP TO -- THE JUDGE HAS

                    DISCRETION WITH RESPECT TO THE PERCENTAGES THAT HE MAY BE OR SHE MAY

                    ASSESS.  AND BASED ON MANY OF THE, I BELIEVE YOU MENTIONED A VIOLENT

                    FELONY, RIGHT, SO THERE ARE A NUMBER OF DIFFERENT CIRCUMSTANCES HERE

                                         426



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    THAT A JUDGE CAN CONSIDER, UP TO AND INCLUDING SETTING BAIL, AS WELL AS

                    REMAND.

                                 MS. BYRNES:  WELL, IF YOU SET -- NORMALLY IF THERE'S

                    A BOND, IT'S 10 PERCENT THAT HAS TO BE PUT UP IN CASH.  SO, IF WE'RE

                    TALKING A STEP DOWN FROM THAT OF A PARTIALLY SECURED BOND, WE'RE TALKING

                    ABOUT EVEN LESS MONEY THAN 10 PERCENT; WOULD YOU AGREE WITH ME ON

                    THAT?

                                 MS. WALKER:  WELL, THAT COULD BE A POSSIBILITY,

                    HOWEVER, AS I INDICATED PREVIOUSLY, FOR VIOLENT FELONIES THERE ARE A

                    NUMBER OF DIFFERENT CONSIDERATIONS THAT A JUDGE CAN TAKE A -- CAN TAKE A

                    LOOK AT.

                                 MS. BYRNES:  BUT ONE OF THE OPTIONS HAS TO BE

                    UNSECURED OR PARTIALLY SECURED.

                                 MS. WALKER:  NO.

                                 MS. BYRNES:  YOU HAVE TO HAVE ONE AT THAT LOW

                    LEVEL, CORRECT?

                                 MS. WALKER:  I'M NOT SURE I CAN REALLY HEAR,

                    BECAUSE THERE'S A --

                                 MS. BYRNES:  ALL RIGHT.  GO AHEAD.  YOU CAN TAKE A

                    LOOK BECAUSE MY UNDERSTANDING IS IT SAYS ONE "MUST BE" AN UNSECURED

                    OR PARTIALLY SECURED SURETY BOND.  DID YOU WANT TO TAKE A LOOK?

                                 MS. WALKER:  THERE ARE A NUMBER OF DIFFERENT

                    CONSIDERATIONS, YOU KNOW, THAT THE JUDGE CAN TAKE A LOOK AT, ONE BEING

                    THE CONSIDERATION OF A PARTIALLY OR UNSECURED BOND UP TO AND INCLUDING

                    SETTING BAIL AND REMAND IN A SITUATION WITH RESPECT TO VIOLENT FELONIES.

                                         427



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    SO, THAT WOULD BE TO THE JUDGE'S DISCRETION.  IT'S NOT NECESSARILY

                    SOMETHING THAT I WOULD BE ABLE TO TAKE A LOOK AT, YOU KNOW, WHATEVER

                    THE CIRCUMSTANCES ARE TO BE ABLE TO SAY WHAT THIS JUDGE WOULD DO IN

                    THIS PARTICULAR SITUATION.

                                 MS. BYRNES:  UNLESS IT'S CHANGED, THERE'S ONLY A

                    VERY, VERY SMALL CATEGORY OF CASES WHERE SOMEBODY CAN BE HELD ON

                    REMAND WITHOUT BAIL.  SO, MOST PEOPLE EVEN IF THEY'RE HELD WILL HAVE

                    CASH BAIL AND THEN ONE WOULD HAVE TO BE UNSECURED.  LET ME ASK YOU

                    THIS:  RIGHT NOW THERE ARE CURRENTLY --

                                 MS. WALKER:  OR PARTIALLY SECURED.

                                 MS. BYRNES:  -- CURRENTLY THE LAW REQUIRES TWO

                    FORMS OF BAIL TO BE OPTIONS.  WHY IS IT THAT YOU WENT FROM REQUIRING

                    TWO FORMS OF BAIL TO NOW REQUIRING ONE OR MORE OF THREE?

                                 MS. WALKER:  WELL, THEY'RE ACTUALLY NINE DIFFERENT

                    FORMS IN THIS STATUTE.

                                 MS. BYRNES:  I UNDERSTAND, BUT A JUDGE -- A JUDGE

                    RIGHT NOW CAN CHOOSE TWO OR MORE, THIS IS CHANGING IT TO THREE OR MORE.

                    WHAT WAS THAT CHANGE DONE FOR?

                                 MS. WALKER:  WELL, THE OTHERS ARE VERY

                    UNDERUTILIZED.

                                 MS. BYRNES:  AND YOU -- DID YOU ADD THE

                    UNSECURED OR PARTIALLY SECURED SURETY BOND?  IS THAT IN ADDITION TO THE

                    ONES PREEXISTING, OR IS THAT ONE OF THE ONES THAT WAS RARELY USED SO

                    YOU'RE TRYING TO EMPHASIZE IT BY THIS BILL?

                                 MS. WALKER:  NO, THEY'RE AMONG THE NINE.

                                         428



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MS. BYRNES:  OKAY.  SO IT WAS JUST ONE THAT WAS

                    RARELY USED OR WHAT YOU FELT WAS UNDERUTILIZED SO YOU WANT TO GET IT IN

                    NOW SO THAT IT HAS TO BE AN OPTION.

                                 MS. WALKER:  IT'S ONE OF THE OPTIONS.  IT ALWAYS HAS

                    BEEN AN OPTION AND IT STILL IS AN OPTION.

                                 MS. BYRNES:  OKAY.  I'M PRESUMING THE PURPOSE OF

                    THE BAIL, WHICH I WOULD UNDERSTAND IT TO BE AND WOULDN'T DISAGREE, THAT

                    PEOPLE SHOULD NOT BE UNNECESSARILY DETAINED IN JAIL PRIOR TO TRIAL,

                    CORRECT?

                                 MS. WALKER:  I'M NOT SURE WHAT YOU MEAN WHEN

                    YOU SAY "UNNECESSARILY."  I WOULD BEG TO DIFFER AND USE THE TERM

                    "UNCONSTITUTIONALLY" DETAINED PRIOR TO TRIAL.

                                 MS. BYRNES:  OKAY.  BUT THERE'S ALREADY SAFEGUARDS

                    IN THE SYSTEM RIGHT NOW, CORRECT?  WE HAVE DEFENSE ATTORNEYS NOW AT

                    GREAT EXPENSE WHO ARE PRESENT AT EVERY ARRAIGNMENT IN THE STATE; WOULD

                    THAT BE CORRECT, MA'AM?

                                 MS. WALKER:  MORE OR LESS.

                                 MS. BYRNES:  AND IF THAT DEFENSE ATTORNEY DOESN'T

                    LIKE THE BAIL SET BY THE JUDGE, THEY HAVE A RIGHT TO GO TO A HIGHER LEVEL

                    JUDGE ALREADY TO SEEK A BAIL REVIEW; THAT'S CORRECT, ISN'T IT, MA'AM?

                                 MS. WALKER:  THAT'S CORRECT.

                                 MS. BYRNES:  AND THE OFFICE OF COURT

                    ADMINISTRATION MONITORS EVERY CRIMINAL CASE, THEY MONITOR EVERYBODY

                    IN CUSTODY IN THE STATE; ISN'T THAT CORRECT, MA'AM?

                                 MS. WALKER:  THEY KEEP RECORDS.  I MEAN, I DON'T

                                         429



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    KNOW ABOUT "MONITORING" BECAUSE THAT'S ALSO A VERY SUBJECTIVE TERM.

                                 ACTING SPEAKER BLAKE:  MS. -- MS. BYRNES,

                    YOUR TIME HAS EXPIRED.

                                 MS. BYRNES:  ON THE BILL.

                                 MS. WALKER:  THANK YOU.

                                 ACTING SPEAKER BLAKE:  YOUR TIME HAS

                    EXPIRED.  YOU CAN COME BACK A SECOND TIME.

                                 MS. BYRNES:  ALL RIGHT.

                                 ACTING SPEAKER BLAKE:  THANK YOU -- IF YOU

                    SO CHOOSE.

                                 MR. BUCHWALD.

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

                                 ACTING SPEAKER BLAKE:  ON THE BILL.

                                 MR. BUCHWALD:  I RISE TO COMMENT ON ONE

                    PARTICULAR PART OF THIS BILL THAT, PERHAPS, COINCIDENTALLY LABELED PART

                    XXX, THE PUBLIC CAMPAIGN FINANCING ELECTION COMMISSION

                    PROVISION.  WHAT THE LEGISLATURE IS BEING FORCED TO DO IN THE

                    EXECUTIVE-DOMINATED BUDGET PROCESS IS A TOTAL ABANDONMENT OF OUR

                    LEGISLATIVE FUNCTION.  WE'RE TURNING OVER TO AN UNELECTED COMMISSION

                    THE POWER TO NOT JUST WRITE LAWS IN A NARROW WAY TO EFFECTUATE A CLEAR

                    LEGISLATIVE MANDATE, WE ARE BEING ASKED TO GRANT BROAD AUTHORITY TO

                    CRAFT ANY MANNER OF PUBLIC CAMPAIGN FINANCE SYSTEM, BUT ALSO, THIS

                    COMMISSION IS ARGUABLY GIVEN THE POWER TO WRITE OVER OR REPEAL

                    LONGSTANDING SECTIONS OF OUR ELECTION LAW.

                                 WORSE, THIS COMMISSION IS EMPOWERED TO RAISE $100

                                         430



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    MILLION IN REVENUE, OR LAY CLAIM TO $100 MILLION IN EXISTING REVENUE.

                    THERE IS NO MORE QUINTESSENTIALLY LEGISLATIVE FUNCTION BUT TO SERVE AS

                    THE PEOPLE'S REPRESENTATIVES IN DETERMINING HOW TO LEVY TAXES.  NO

                    TAXATION WITHOUT REPRESENTATION, MR. SPEAKER.  BUT THESE NINE

                    UNELECTED COMMISSION MEMBERS CAN IMPOSE ANY NEW TAX UNDER THIS

                    PROPOSAL.  ANYTHING THEY WANT AND THERE'S JUST A THREE-WEEK PERIOD FOR

                    REVIEW OF THEIR REPORT AND THEIR PROPOSED NEW LAWS, IN WHICH THE

                    ASSEMBLY, THE SENATE AND THE GOVERNOR MUST AGREE TO REPLACE OR -- OR

                    REMOVE, OTHERWISE IT GOES INTO EFFECT.  OR THE COMMISSION CAN JUST TAKE

                    AWAY FROM EXISTING REVENUES, PERHAPS LOTTERY RECEIPTS THAT OTHERWISE

                    ARE SUPPOSED TO GO TOWARDS EDUCATION.

                                 PUT SIMPLY, MR. SPEAKER, THIS PART OF THE BILL IS

                    UNCONSTITUTIONAL.  WHAT IT SEEKS TO DO IS WRONG AND I WILL BE VOTING NO.

                                 THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER BLAKE:  THANK YOU, MR.

                    BUCHWALD.

                                 MR. CARROLL.

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

                                 ACTING SPEAKER BLAKE:  ON THE BILL.

                                 MR. CARROLL:  TWO WEEKS AGO, I SPOKE ABOUT OUR

                    BUDGET RESOLUTION AND WHY I WAS VOTING NO, AND I SAID THE REASON I WAS

                    VOTING NO WAS BECAUSE WE HAD NOT FULLY FORMED A CONGESTION PRICING

                    PLAN.  THIS BUDGET BILL HERE TONIGHT DOES THAT.  AND I STILL BELIEVE THAT A

                    SMART CONGESTION PRICING PLAN IS THE MOST SENSIBLE THING THAT WE COULD

                    DO THIS YEAR FOR OUR INFRASTRUCTURE, FOR OUR ENVIRONMENT, FOR OUR -- FOR

                                         431



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    SAFE STREETS.

                                 THAT BEING SAID, THIS BUDGET BILL HAS A POISON PILL IN IT.

                    IT SUBVERTS OUR LEGISLATIVE AUTHORITY.  IT ASKS US TO ABDICATE OUR

                    RESPONSIBILITY.  IT CREATES A COMMISSION THAT IS UNCONSTITUTIONAL, THAT

                    WILL DRAFT AND REDRAW OUR ELECTION LAWS.  AND THAT DOESN'T MEAN YOU

                    DON'T SUPPORT CAMPAIGN FINANCE, BECAUSE I DO, BUT IF YOU SUPPORT

                    CAMPAIGN FINANCE, YOU NEED TO SUPPORT TRANSPARENCY.  AND WHAT WE'RE

                    DOING IS WE ARE CHANGING OUR ELECTION LAWS IN THE DEAD OF NIGHT.  WE

                    ARE MAKING SURE THAT WE ARE NOT HAVING DEBATE AND WE'RE GIVING BROAD

                    LATITUDE TO AN UNELECTED COMMISSION THAT WILL BE ABLE TO CHANGE OTHER

                    LAWS INSTEAD OF ALLOWING THIS BODY TO DEBATE THEM.

                                 AND FOR THAT REASON, I WILL VOTE NO AND I HOPE MY

                    COLLEAGUES WILL JOIN ME.

                                 ACTING SPEAKER BLAKE:  THANK YOU, MR.

                    CARROLL.

                                 MR. MANKTELOW.

                                 MR. MANKTELOW:  GOOD MORNING, MR. SPEAKER,

                    AND THANK YOU.  WILL THE SPONSOR YIELD?

                                 ACTING SPEAKER BLAKE:  WILL THE CHAIR YIELD?

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

                                 ACTING SPEAKER BLAKE:  THE CHAIR YIELDS.

                                 MR. MANKTELOW:  GOOD MORNING, MS.

                    CHAIRWOMAN, THANK YOU; AND I COMMEND YOU FOR A JOB WELL DONE

                    TODAY.

                                 MS. WEINSTEIN:  THANK YOU.

                                         432



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MR. MANKTELOW:  IT'S A BEEN A LONG DAY.

                                 JUST A COUPLE QUICK QUESTIONS.  ON PART RRR WHERE IT

                    AUTHORIZES DOT TO CHARGE A FIBER OPTIC UTILITY FOR THE USE AND

                    OCCUPANCY OF A RIGHT-OF-WAY?

                                 MS. WEINSTEIN:  CORRECT.

                                 MR. MANKTELOW:  HOW WILL THAT BE FUNDED FOR

                    THEM, DO YOU KNOW?  HOW WILL THEY COME UP WITH THE FEE TO PAY THAT?

                                 MS. WEINSTEIN:  THERE'S AN ESTIMATE THAT WE -- IT

                    WOULD GENERATE $15 MILLION THIS YEAR AND I THINK WHEN FULLY

                    IMPLEMENTED, $50 MILLION.

                                 MR. MANKTELOW:  OKAY.  I KNOW THAT IN THE BILL

                    TEXT, LINE 42 OF THE BILL, IT SAYS THAT ANY PERSON OR ENTITY THAT'S

                    CONTRACTED WITH THE UTILITY CANNOT BE CHARGED THIS THROUGH THE PROCESS?

                                 MS. WEINSTEIN:  RIGHT.  BROADBAND IS -- IS NOT

                    AFFECTED.  IF IT'S PART OF THE BIG PLAN TO EXPAND BROADBAND, THEY'RE NOT

                    SUBJECT TO THIS CHARGE.

                                 MR. MANKTELOW:  NO, THIS ISN'T ABOUT EXPANDING

                    IT, THIS IS ABOUT DOT CHARGING FOR THE RIGHT-OF-WAY OF BROADBAND

                    ALREADY -- ALREADY IN PLACE, CORRECT?

                                 MS. WEINSTEIN:  YES, CORRECT.  WELL, IT'S FOR THE

                    FIBER OPTIC, BUT WE DO HAVE A PLAN TO -- THERE IS A -- A BROADER PLAN TO

                    EXPAND BROADBAND INTO THE MORE RURAL PARTS OF OUR STATE.

                                 MR. MANKTELOW:  SURE.

                                 MS. WEINSTEIN:  SO THOSE IN THE AREAS WHERE

                    THERE'S -- IT'S PART OF THE BROADBAND PLAN, THERE WILL NOT BE -- THEY WILL

                                         433



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    NOT BE CHARGED.

                                 MR. MANKTELOW:  OKAY.  SO, BACK TO THE

                    QUESTION.  THE QUESTION SAYS -- OR THE BILL SAYS FIBER OPTIC UTILITY WILL BE

                    CHARGED FOR THE RIGHT-OF-WAY.

                                 MS. WEINSTEIN:  CORRECT.

                                 MR. MANKTELOW:  AND THEN IN THE BILL TEXT IT

                    SAYS ON LINE 42, BY A FIBER OPTIC UTILITY TO ANY PERSON OR ENTITY.  SO,

                    ANYBODY THAT CONTRACTS WITH THE FIBER OPTICS, THEY WILL NOT BE CHARGED,

                    CORRECT?

                                 MS. WEINSTEIN:  YES.

                                 MR. MANKTELOW:  CORRECT?

                                 MS. WEINSTEIN:  YES.

                                 MR. MANKTELOW:  OKAY.

                                 MS. WEINSTEIN:  I MEAN, THERE'S LANGUAGE THAT IT

                    CAN'T BE PASSED THROUGH TO THE CUSTOMERS.

                                 MR. MANKTELOW:  SO I GUESS MY QUESTION IS IF

                    I'M THE FIBER OPTIC COMPANY, WHERE DO I COME UP WITH THAT MONEY TO

                    PAY FOR THAT?

                                 MS. WEINSTEIN:  YOU KNOW, IT'S NOT CHARGED TO THE

                    CUSTOMER, BUT IT COMES OUT OF YOUR BUSINESS PROFITS AS A BUSINESS

                    EXPENSE.

                                 MR. MANKTELOW:  BUT ARE MY BUSINESS PROFITS

                    NOT FROM MY CUSTOMERS?

                                 MS. WEINSTEIN:  WELL, YOU CAN'T PASS THE COST

                    ALONG, IT'S THE COST OF DOING BUSINESS AND USE OF THE RIGHT-OF-WAY.

                                         434



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MR. MANKTELOW:  THAT'S MY POINT.  IF I CAN'T

                    PASS THAT COST ALONG AND CREATE REVENUE FOR MY COMPANY, HOW AM I

                    GOING TO PAY FOR THAT?  WHERE AM I GOING TO COME UP WITH THE MONEY?

                                 MS. WEINSTEIN:  YOU KNOW, PRESUMABLY YOU'RE

                    THE PART OF THE INSTALLATION OF THE -- OF THESE OPTIC -- OF THE NEW LINES

                    WILL GENERATE SOME NEW CUSTOMERS, WILL INCREASE YOUR -- THE PROFITS OF

                    THE COMPANIES.

                                 MR. MANKTELOW:  SO THEN THE CUSTOMERS ARE

                    PAYING FOR IT?

                                 MS. WEINSTEIN:  YOU KNOW, IT'S NOT A DIRECT -- IT'S

                    NOT A DIRECT COST THAT YOU COULD PASS ON TO THE CUSTOMERS.  ADDITIONAL --

                    AN ADDITIONAL CUSTOMER BASE WILL GENERATE MORE -- MORE REVENUE AND

                    IT'LL COME OUT OF THAT -- THE REVENUE TO PAY FOR THIS -- THIS FEE.

                                 MR. MANKTELOW:  AND I AGREE, AND THAT'S MY

                    QUESTION, MADAM.  IT SAYS HERE THAT WE CAN'T DO THAT, SO I DON'T

                    UNDERSTAND HOW ON ONE SIDE WE CAN, BUT IN THE BILL TEXT IT SAYS WE CAN'T.

                                 MS. WEINSTEIN:  OH, IF THERE'S A MONTHLY FEE AND

                    YOU CAN'T NOW INCREASE IT BECAUSE YOU'VE LAID SOME -- YOU'RE BEING

                    CHARGED A FEE OR LAYING NEW LINES ALONG THE RIGHT-OF-WAY.

                                 MR. MANKTELOW:  BUT A COMPANY -- A FIBER OPTIC

                    COMPANY ONLY HAS ONE WAY TO CREATE REVENUE, AND THAT'S TO HAVE

                    CUSTOMERS.

                                 MS. WEINSTEIN:  RIGHT.

                                 MR. MANKTELOW:  SO, IF THE BILL TEXT SAYS WE

                    CAN'T PASS IT TO THE CUSTOMERS, EXPLAIN TO ME HOW WE'RE GOING TO PAY FOR

                                         435



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    IT.

                                 MS. WEINSTEIN:  FROM THE PROFITS THAT ARE

                    GENERATED.

                                 MR. MANKTELOW:  FROM THE CUSTOMERS.

                                 MS. WEINSTEIN:  YES, INDIRECTLY, BUT YOU ARE NOT

                    GOING TO PUT A CHARGE ON AN INDIVIDUAL BILL THAT SAYS, THIS IS YOUR FIBER

                    OPTIC LEASE CHARGE.

                                 MR. MANKTELOW:  OKAY.  WELL, IN MY VIEW, I

                    STILL THINK THE CUSTOMER IS GOING TO END UP PAYING FOR THIS THROUGHOUT

                    THE WHOLE PROCESS AND UP TO NOW, YOU HAVEN'T TOLD ME OTHERWISE,

                    AGREE?

                                 MS. WEINSTEIN:  WELL, THAT'S DULY NOTED HERE,

                    COMMENTS.

                                 MR. MANKTELOW:  OKAY.  ALL RIGHT.  I HAVE ONE

                    OTHER QUICK QUESTION, THEN, IF IT'S OKAY.

                                 MS. WEINSTEIN:  SURE.

                                 MR. MANKTELOW:  BACK TO THE AIM FUNDING.  SO

                    JUST SO I CAN CLARIFY THIS, RIGHT NOW I HAVE 41 MUNICIPALITIES IN MY

                    DISTRICT, 28 OF THEM ARE TOWNS, 13 ARE VILLAGES AND OF THOSE 41, ONLY

                    FIVE OF THEM WILL BE PAID THROUGH AIM FUNDING THROUGH THE STATE THE

                    WAY IT'S ALWAYS BEEN SET UP.

                                 MS. WEINSTEIN:  OKAY.

                                 MR. MANKTELOW:  SO, THE REST OF THE 36

                    COMMUNITIES WILL NOW BE FUNDED BY, HOW, AGAIN?

                                 MS. WEINSTEIN:  THE CONTROLLERS -- OR THE

                                         436



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    COMPTROLLER'S OFFICE WILL DISTRIBUTE THAT -- THE SAME AMOUNT THAT

                    THEY'VE HAD IN THE PAST WILL BE DISTRIBUTED FROM THE COMPTROLLER'S

                    OFFICE RATHER THAN COMING FROM THE STATE BUDGET.

                                 MR. MANKTELOW:  AND WHERE WILL THE

                    COMPTROLLER GET THAT MONEY FROM?

                                 MS. WEINSTEIN:  AND THE COMPTROLLER WILL GET THAT

                    MONEY FROM INTERCEPTED SALES TAXES FROM THE RESPECTIVE COUNTIES THAT

                    ARE SENT TO THE TAX DEPARTMENT.

                                 MR. MANKTELOW:  SO, THE SALES TAX THAT THE

                    COUNTIES WILL BE TAKING IN, THE COMPTROLLER IS GOING TO REACH OUT, GRAB

                    THAT MONEY, TAKE IT BACK AND THEN PAY THE MUNICIPALITIES FOR THE AIM

                    FUNDING.

                                 MS. WEINSTEIN:  WELL, ACTUALLY THE TAX

                    DEPARTMENT WILL INTERCEPT AND WILL SEND IT TO THE COMPTROLLER, BUT YES.

                                 MR. MANKTELOW:  SO I GUESS TO FURTHER EXPOUND

                    ON THIS AND TO FOLLOW THROUGH WITH THIS, LAST YEAR I WAS VERY FORTUNATE

                    TO CHAIR THE FINANCE COMMITTEE IN WAYNE COUNTY AND THROUGH OUR

                    BUDGET PROCESS, WE USED THE WHOLE -- IN OUR BUDGET PROCESS, WE TOOK

                    OUR SALES TAX MONEY AND ALLOCATED IT TO THE FULL EXTENT.  SO, IF WE'RE

                    GOING TO PULL THE SALES TAX BACK TO THE STATE NOW, WHAT'S THAT GOING TO

                    DO TO OUR COUNTY THAT'S ALREADY BUDGETED THIS MONEY IN THEIR BUDGET?

                                 MS. WEINSTEIN:  WELL, YOU KNOW, AS WE'VE

                    DISCUSSED SEVERAL HOURS AGO, I GUESS, WE ARE ESTABLISHING SOME NEW

                    SALES TAX REVENUES THAT THE STATE AND LOCALITIES WILL BE COLLECTING FROM

                    THE INTERNET MARKETPLACE PROVIDERS AND FROM OUT-OF-STATE VENDORS AS A

                                         437



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    RESULT -- OUT-OF-STATE VENDORS AS A RESULT OF THE WAYFAIR DECISION IN

                    THE SUPREME COURT.  SO WE ARE PROJECTING THAT THIS WILL GENERATE $220

                    MILLION FOR COUNTIES OUTSIDE OF NEW YORK CITY, THE DOWNSTATE AREA, SO

                    THAT $59 MILLION FOR AIM COMING OUT WILL STILL NET THE COUNTIES A

                    SUBSTANTIAL INCREASE IN SALES TAX REVENUES THIS -- THIS YEAR FROM THE PAST

                    YEARS.

                                 MR. MANKTELOW:  OKAY.  AND I KNOW IN TALKING

                    WITH MY LOCAL COUNTY OFFICIALS BACK HOME, I DO KNOW THAT WITH THE

                    ADDED COST FOR THE ELECTION PROCESS COMING UP, I KNOW THAT THEY'RE

                    ALREADY COUNTING ON USING SOME OF THAT MONEY FOR THAT PROCESS, SO

                    WE'RE STILL GOING TO LACK MONEY FROM THE COUNTIES TO COVER ALL OF THESE

                    EXPENSES.

                                 MS. WEINSTEIN:  WELL, YOU KNOW, AS WE DISCUSSED

                    EARLIER, THE STATE IS PROVIDING $10 MILLION FOR THE -- ADMINISTERING THE

                    EARLY VOTING, AS WELL AS THE PURCHASE OF THE ELECTRONIC POLL BOOKS.

                                 MR. MANKTELOW:  AND WE REALLY HAVE NO IDEA IF

                    THAT'S GOING TO BE ENOUGH FUNDING FOR THE WHOLE STATE -- WE HAVE NO

                    IDEA THAT THAT $10 MILLION WILL BE ENOUGH FUNDING FOR THE WHOLE STATE,

                    CORRECT?

                                 MS. WEINSTEIN:  SO, THAT'S FUNDING FOR THE STATE

                    AND IT'S $14 -- THE $10 MILLION IS $14.7 MILLION FOR THE ELECTRONIC POLL

                    BOOKS.

                                 MR. MANKTELOW:  OKAY.  THANK YOU, MADAM

                    CHAIR.

                                 MS. WEINSTEIN:  SURE.

                                         438



                    NYS ASSEMBLY                                                    MARCH 31, 2019

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

                                 ACTING SPEAKER AUBRY:  ON THE BILL.

                                 MR. MANKTELOW:  MR. SPEAKER, ALL ALONG TODAY

                    AND -- OR THIS PAST DAY AND TONIGHT AND THIS MORNING, WE'VE ADDED A LOT

                    OF EXPENSES THAT ALWAYS SEEM TO GO BACK TO OUR COUNTIES, TO OUR LOCAL

                    MUNICIPALITIES, TO OUR LOCAL TAXPAYERS.  I HAVE GRAVE CONCERNS AS WE

                    MOVE FORWARD WITH THIS BUDGET, ESPECIALLY THIS PART OF THE BUDGET.

                    WE'RE JUST -- WE'RE GOING TO SQUASH ANYTHING THAT OUR LOCAL PEOPLE CAN

                    DO.  I APPLAUD THE TAX CAP, BUT ALONG WITH THE TAX CAP, THERE'S GOT TO BE

                    SENSIBLE SPENDING AND ALSO ADDRESSING THE UNFUNDED MANDATES AND THE

                    MANDATES THAT COME ALONG.

                                 SO, I'M GOING TO ASK MY COLLEAGUES TO NOT SUPPORT THIS

                    FUNDING TONIGHT - OR THIS MORNING - BECAUSE IT DOESN'T REALLY TAKE CARE

                    OF THE UNFUNDED MANDATES AND THE ADDED COST.  AND AS I AGREE WITH THE

                    TAX CAP, IT'S NOT SUSTAINABLE.  YOU CAN'T HAVE A TAX CAP AND CONTINUALLY

                    BE PUTTING MORE CHARGES BACK TO OUR LOCAL MUNICIPALITIES.  IT WILL NOT

                    WORK.  IT'S NOT SUSTAINABLE, SO I WILL BE VOTING NO ON THIS.  THANK YOU,

                    MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MR. COLTON.

                                 MR. COLTON:  THANK YOU, MR. SPEAKER.

                                 ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. COLTON:  THIS BUDGET BILL DEALS WITH THREE

                    AREAS OF WHICH I HAVE VERY GRAVE CONCERNS.  THE FIRST IS EDUCATION.

                                         439



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    EDUCATION HAS BEEN AN IMPORTANT PRIORITY FOR ME AND I THINK MOST

                    PEOPLE IN THIS HOUSE.  I WAS A TEACHER FOR 11 YEARS IN THE NEW YORK

                    CITY PUBLIC SCHOOL IN BEDFORD-STUYVESANT.  DURING THOSE YEARS, THE

                    EQUITABLE FORMULA WAS NOT EQUITABLE; IN FACT, IT WAS DISCRIMINATORY

                    AGAINST THE CHILDREN IN THAT SCHOOL.  AND I PERSONALLY SAW THE IMPACT

                    THAT IT HAD UPON THEIR LIVES AND THEIR FAMILIES.  AND THAT IMPACT

                    CONTINUES TODAY.  THOSE CHILDREN WHO WENT THROUGH THAT SCHOOL PERIOD

                    HAVE SUFFERED SCARS AND DISADVANTAGES BECAUSE OF THE INEQUITABLE

                    DISCRIMINATORY FORMULA.  AND, FINALLY, THE COURT OF APPEALS DECIDED

                    THAT THE FORMULA WAS INEQUITABLE AND THAT IT DEPRIVED THOSE CHILDREN OF

                    THEIR RIGHT TO A BASIC QUALITY EDUCATION.

                                 I AM VERY DISAPPOINTED WITH HOW THIS BUDGET DEALS

                    WITH THE MONEYS THAT ARE OWED TO OUR SCHOOLS.  I AM VERY DISAPPOINTED

                    WITH HOW IT DEALS WITH FOUNDATION AID.  IMAGINE IF WE WENT TO A BANK

                    AND SAID, THE INTEREST THAT WE OWE YOU, THE MONEY WE OWE YOU IS A

                    GHOST OF THE PAST, WE'RE NOT GOING TO PAY IT.  IMAGINE IF WE WENT TO A

                    CREDIT CARD COMPANY AND SAID, WE'VE PAID ENOUGH INTEREST.  WE'RE NOT

                    GOING TO DO THIS ANYMORE, IT'S A GHOST OF THE PAST.  WE WOULDN'T DO IT

                    AND IF WE DID, WE WOULD FIND THEY WOULD NOT BE RECEPTIVE.  THAT ALONE

                    MAKES IT IMPERATIVE THAT I DO NOT VOTE FOR THIS BUDGET.  I SIMPLY CANNOT

                    DO IT.  IT'S A MATTER OF CONSCIENCE WITH ME AND I SIMPLY WOULD NOT BE

                    ABLE TO DO IT ON THAT ALONE.

                                 THERE ARE TWO OTHER AREAS.  I HAVE ALWAYS BELIEVED

                    VERY STRONGLY IN PUBLIC TRANSPORTATION AND PROVIDING FUNDING SOURCES

                    FOR PUBLIC TRANSPORTATION.  AT THE TIME, A NUMBER OF YEARS AGO, WHEN

                                         440



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    THERE WAS A FUNDING SOURCE THAT WAS REPEALED, I WAS ONE OF THE FEW

                    WHO VOTED NO AGAINST THAT REPEAL.  IF THAT HAD NOT BEEN REPEALED, WE

                    MIGHT NOT FACE THE CRISIS THAT WE FACE TODAY IN PUBLIC TRANSIT.  I CANNOT

                    VOTE FOR A SYSTEM THAT DOES NOT TELL US WHAT IT IS ALL ABOUT.  THIS PLAN,

                    THIS BUDGET BILL DOES NOT SAY WHAT THE TOLLS ARE GOING TO BE.  IT DOESN'T

                    SAY WHAT THE EXEMPTIONS ARE GOING TO BE, EXCEPT FOR EMERGENCY

                    VEHICLES AND PEOPLE WITH DISABILITIES, AND I DON'T KNOW WHAT THAT

                    MEANS.  IT DOESN'T TELL US WHERE THE TOLLS ARE GOING TO BE PLACED.  IT

                    DOESN'T TELL US WHAT REFORMS ARE GOING TO BE MADE THAT WILL EFFECTIVELY

                    GET THE MTA TO RESPOND TO US AND OUR CONCERNS.  AND ALMOST EVERYONE

                    IN HERE HAS DEALT WITH THE MTA AND THEY HAVE A VERY BAD RECORD OF

                    RESPONSIVENESS.  SO, WITHOUT ASSURANCE THAT THE MONEYS THAT WE GIVE

                    THEM ARE GOING TO, IN FACT, BE USED TO IMPROVE PUBLIC TRANSIT, I CANNOT

                    SUPPORT THAT KIND OF A PLAN.  THE NEED FOR OUR PUBLIC TRANSIT IS MUCH

                    TOO GREAT.

                                 AND FINALLY, WE HAVE A NEW ARRIVAL IN THIS BUDGET BILL

                    WHICH DEALS WITH PUBLIC CAMPAIGN FINANCING.  I HAVE LONG BEEN A

                    SUPPORTER OF PUBLIC CAMPAIGN FINANCING.  I'M A COSPONSOR OF THE BILLS

                    THAT WE'VE PASSED HERE.  NOW, UNFORTUNATELY, UNITED SHAREHOLDERS WAS

                    A CASE THAT WAS DECIDED A NUMBER OF YEARS AGO AND IT HAS PLACED SOME

                    NEW CONCERNS IN TERMS OF PUBLIC CAMPAIGN FINANCING.  WE NEED TO DEAL

                    WITH THOSE CONCERNS AND WE NEED TO COME UP WITH A BILL THAT WILL TAKE

                    MONEY OUT OF POLITICS, BIG MONEY, SPECIAL INTEREST MONEY, AND HAVE US

                    RELY UPON SMALL DONATIONS.  BUT WE DO NOT NEED TO CREATE A COMMISSION

                    AND DELEGATE OUR AUTHORITY AND OUR RESPONSIBILITY TO PASS LEGISLATION ON

                                         441



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    TO A COMMISSION.  THIS BILL WILL DELEGATE THE AUTHORITY TO SPEND UP TO

                    $100 MILLION ON NINE NONELECTED PEOPLE.  THAT SIMPLY IS NOT

                    ACCEPTABLE.

                                 AND SO FOR THOSE REASONS, I HAVE A REAL PROBLEM WITH

                    THIS BILL AND I CANNOT IN GOOD FAITH VOTE FOR IT.  THANK YOU.

                                 (APPLAUSE)

                                 ACTING SPEAKER AUBRY:  MR. BLAKE.

                                 MR. BLAKE:  ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. BLAKE:  TO -- TO MY COLLEAGUES AND TO ALL OF

                    OUR CONSTITUENTS, GOOD MORNING.  WHEN -- WHEN WE -- WHEN WE VOTE

                    ON A BUDGET WITH SO MANY COMPONENTS IN IT AND FOR -- AND FOR US TO

                    GROUND OURSELVES AGAIN ON WHAT REALLY MATTERS, AS SOMETIMES THE

                    DOLLARS JUST MAY SEEM LIKE NUMBERS RATHER THAN A PATHWAY TO PROMISE.

                    SO BEFORE I KEEP GOING, I WANT TO THANK THE SPEAKER, CHAIR WEINSTEIN,

                    AND, OF COURSE, TO THE WAYS AND MEANS STAFF FOR ALL THAT YOU HAVE DONE

                    TO GET US TO THIS POINT.

                                 BRONX COMMUNITY COLLEGE IS A SCHOOL THAT IS NOT IN

                    MY DISTRICT, IT'S JUST OUTSIDE OF MINE, BUT IT'S IN MY -- MY VIEW AS I WAS

                    GROWING UP AS A KID.  I WENT OVER THERE OCCASIONALLY FOR EVENTS.  ONE

                    OF MY BROTHERS ACTUALLY WENT TO UNIVERSITY HEIGHTS HIGH SCHOOL.  IT

                    WAS DOWN THE STREET FROM MY CHURCH OF CALVARY UNITED METHODIST

                    CHURCH, IT'S ONE THAT HAD MANY REASONS FOR PERSONAL IMPACT.  BUT, IT

                    TOOK ON GREATER IMPORTANCE TO ME, COLLEAGUES, WHEN ABOUT THREE YEARS

                    AGO I WAS SITTING AT A CHURCH PEW AT A VIGIL.  AND I WAS SITTING BEHIND

                                         442



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    TWO PEOPLE I DID NOT KNOW AT THE TIME, BEING VENIDA BROWDER AND

                    AKEEM BROWDER, THE MOTHER AND BROTHER OF KALIEF.  TESTIMONIAL AFTER

                    TESTIMONIAL, I'M LISTENING ABOUT HOW THEY HAD BEEN MAKING PROGRESS.

                    AND THEN AT ONE POINT A YOUNG PERSON COMES OVER, AND THEN A TEACHER

                    WALKS OVER, AND THE TEACHER WAS FROM BRONX COMMUNITY COLLEGE.

                    AND THE TEACHER TOLD VENIDA AND SAID, I JUST WANTED YOU TO KNOW THAT I

                    KNOW WE ARE ALL HEARTBROKEN THAT KALIEF IS NO LONGER HERE, BUT I -- I

                    WANTED YOU TO KNOW THAT HE WAS MAKING PROGRESS IN SCHOOL AND THAT

                    HE WAS TRYING TO TURN HIS LIFE AROUND.  NOW, AS WE TALK ABOUT KALIEF ALL

                    THE TIME, MANY PEOPLE MAY NOT REALIZE THAT AKEEM ALSO HAD CHALLENGES

                    WHEN IT CAME TO CRIMINAL INJUSTICE, SPEAKER AND COLLEAGUES.  HE

                    ACTUALLY -- HE WAS INCARCERATED HIMSELF AT ONE POINT FOR 11 MONTHS AS

                    THEY ACCUSED HIM OF STEALING MONEY FROM HIS SCHOOL, UNTIL VIDEO

                    DEMONSTRATED THAT IT WAS NOT HIM.  WE COME HERE TO UNDERSTAND THAT

                    THIS JUST CANNOT JUST BE A CASUAL VOTE.  IT'S THE REALIZATION THAT OUR

                    TEMPORARY TIMES AS LEGISLATORS ARE IN VAIN IF WE'RE NOT COMMITTED TO A

                    CAUSE GREATER THAN OURSELVES.  LEGACY IS NOT ABOUT TEMPORARY JOY, IT'S

                    ABOUT HAVING IMPACT THAT CAN BE PERMANENT.  TRUE IMPACT IS REALIZING

                    THAT ONE VOTE THAT CAN HAPPEN TODAY CAN TRANSFORM LIVES.  AND IT WILL.

                    IT WILL TRANSFORM GENERATIONS UNBORN AND IT WILL -- AND IT WILL IMPACT

                    PEOPLE THAT DON'T EVEN KNOW YOUR NAME.  ONE NAME THAT WE SHOULD

                    ALWAYS REMEMBER IS KALIEF BROWDER.  AND I, LIKE MANY OF YOU, MADE A

                    PROMISE TO HIS FAMILY THAT WE WOULD CHANGE THE SYSTEM THAT ALLOWED

                    FOR HIM TO BE THERE INCARCERATED IN THE FIRST PLACE.  YES, WE'VE TALKED

                    ABOUT RAISE THE AGE OVER THE YEARS, AS WE SHOULD HAVE.  BUT IT'S ALSO

                                         443



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    ABOUT BAIL AND SPEEDY TRIAL AND DISCOVERY TO HAVE AN IMPACT ON THE

                    COLLECTIVE SYSTEM.  I LEARNED ABOUT OPEN DISCOVERY FROM CHAMPIONS

                    LIKE CARMEN RIVERA AND JULIO PABON AND JUDGE FERNANDO TAPIA AND

                    THE DISCOVERY FOR JUSTICE COALITION, WHO TAUGHT US ABOUT THE INJUSTICES

                    WITHIN THE SYSTEM.  A SYSTEM THAT WHEN WE TAKE THIS VOTE, ONLY

                    LOUISIANA AND SOUTH CAROLINA AND WYOMING ARE STILL IN THAT SPACE OF

                    INJUSTICE THAT WE ARE IN TODAY.  A SPACE THAT RECOGNIZES THAT OUR NATION'S

                    DAS ACROSS THE -- ACROSS THE COUNTRY COMMUNICATE AT LEAST TEN PERCENT

                    OF THE TIME, DNA RECORDS COME BACK AFTERWARDS THAT EXONERATE PEOPLE

                    WHO HAVE PLED GUILTY IN THE FIRST PLACE.  I GAINED UNDERSTANDING OF BAIL,

                    AND I COMMEND THE FORCE OF ASSEMBLYMEMBER WALKER FOR HER

                    LEADERSHIP ON TONIGHT, BECAUSE IT'S THE UNDERSTANDING THAT YOU SHOULD

                    NOT BE CRIMINALIZED BECAUSE OF POVERTY.  YOU THINK ABOUT THE RFK

                    FOUNDATION AND BRONX DEFENDERS AND BRONX FREEDOM FUND AND ALL THE

                    DIFFERENT COALITIONS THAT CAME TOGETHER.  AND WHY DO YOU DO IT?  IT'S

                    BECAUSE IT'S THE UNDERSTANDING THAT 54 PERCENT OF THOSE THAT ARE

                    INCARCERATED STILL DON'T HAVE $500 TO PAY THEIR BAIL.  IT'S THE

                    UNDERSTANDING THAT YOU COULD BE THERE FOR FIVE DAYS, AND 74 PERCENT OF

                    NEW YORK CITY ARE STILL THERE, OR 84 PERCENT OUTSIDE THE CITY ARE STILL

                    THERE.  IT'S A SYSTEM THAT IS FLAWED WITH INSTITUTIONAL RACISM AND

                    DISCRIMINATION THAT WE CAN BREAK TODAY.

                                 MY SPIRITUAL EDUCATION CAME WHEN UNDERSTANDING

                    WHAT'S GOING ON ON THE BROADER ASPECTS WHEN WE THINK ABOUT WHAT

                    SPEEDY TRIAL AND ALL THE DYNAMICS AS WELL.  THE CONVERSATIONS WITH

                    VOCAL AND JUSTLEADERSHIP AND FREE NEW YORK, SO MANY OTHERS, THAT

                                         444



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    WHEN THEY CAME TO US AND THEY SPOKE TO US IN THE HALLS, THEY WERE NOT

                    SPEAKING TO US IN ANGER, US INDIVIDUALLY, IT WAS THE FEAR AND FRUSTRATION

                    THAT THEY HAD FOR YEARS AND DECADES.  IN MAY OF 2017 IT WAS INDICATED

                    IN A RECENT STUDY THAT RIKERS WAS STILL A PART OF PEOPLE WHO WERE

                    WONDERING HOW COULD THEY MAKE ENDS MEET.  WHY?  BECAUSE NEARLY 75

                    PERCENT OF THOSE THAT WERE THERE WERE THERE BECAUSE THEY COULD NOT

                    AFFORD BAIL.  WE ARE IN THIS SPACE BECAUSE WE HAVE A SPEAKER PRO TEM

                    AND A CHAIR OF CODES AND A SISTER FROM BROOKLYN, AND SO MANY OTHERS,

                    LIKE THE STAFF THAT ARE HERE TODAY - MARTY AND DAN, THE ENTIRE TEAM- THAT

                    ARE MAKING THIS CONTRIBUTION TO SOCIETY THAT WILL TRANSFORM ALL OF US.

                    YOU ASK SOMETIMES WHY SHOULD CRIMINAL JUSTICE AND EQUITY BE PART OF A

                    BUDGET.  WELL, I'M REMINDING ALL OF YOU COLLEAGUES THAT NOVEMBER

                    2018, A PERFECT LINE CAME OUT FROM THE NEW YORK CITY BAR THAT SAID IT

                    BEST.  "COURTS SHOULD NOT PRIORITIZE REVENUE RAISING OVER THE SUCCESSFUL

                    REINTEGRATION OF INCARCERATED PERSONS BACK INTO SOCIETY."  MAKING IT

                    REAL PLAIN AND SIMPLE.  IT SHOULD NOT BE ABOUT MAKING MONEY ON THE

                    BACKS OF BLACK AND BROWN FOLK, IT SHOULD BE ABOUT HOW WE TRANSFORM

                    SOCIETY FOR THE BETTER.  ONE VOTE, YOU MAY BELIEVE, DOESN'T CHANGE

                    HISTORY.  BUT IT WILL.  IT WILL CHANGE THE DISCOURSE OF LIFE IN A STATE AND A

                    SOCIETY SO WE CAN UNDERSTAND WE'VE DONE SOMETHING BETTER.  NOW, I'M

                    NOT SAYING THAT THINGS ARE NOT PERFECT.  THERE'S ALWAYS MORE

                    IMPROVEMENT YOU CAN MAKE.  ON THE FEDERAL LEVEL, THE AFFORDABLE

                    CARE ACT, WE KNOW THERE WAS OBVIOUSLY IMPROVEMENTS THAT COULD BE

                    MADE THERE.  WE UNDERSTAND LOCALLY WHEN WE DID RAISE THE AGE, WE

                    HAD GREAT IMPACT WITH THAT.  BUT WE HAVE TO COME BACK, BECAUSE YOU

                                         445



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    SHOULDN'T HAVE TO WAIT TEN YEARS FOR YOUR RECORDS TO BE UNSEALED.  WE

                    KNOW THERE'S MORE WORK TO BE DONE WHEN IT COMES TO ACHIEVING THE

                    PROMISE WHEN IT COME TO NYCHA.  WHY HAVE PEOPLE WAITING FOR

                    YEARS FOR FUNDING TO COME INTO THEIR COMMUNITIES?  WE SHOULD MAKE IT

                    REAL CLEAR THAT THE FEDERAL MONITOR BEING APPOINTED SHOULD NOW LEAD TO

                    MONEY COMING TO OUR COMMUNITIES.  AND LET'S BE ALSO CLEAR:  WHY IS IT

                    EASY TO GET UNLEADED GAS BUT YOU CAN'T HAVE A LEAD-FREE APARTMENT?

                                 THE PROMISE STILL REMAINS WHEN YOU THINK ABOUT

                    MINORITY- AND WOMEN-OWNED BUSINESSES THAT OBVIOUSLY NEED GREATER

                    ACCESS TO CAPITAL.  THE PROMISE STILL REMAINS WHEN WE HAVE

                    CONVERSATIONS OF OUR MAYORAL CONTROL WHERE YOUNG PEOPLE ARE

                    WONDERING WHY THEY CAN'T GO TO SCHOOL AND GRADUATE FROM SCHOOL.  THE

                    PROMISE STILL REMAINS WHEN WE'RE NOT HAVING HONEST CONVERSATIONS

                    ABOUT WHAT'S HAPPENING.  I UNDERSTAND FRUSTRATION AROUND PUBLIC

                    FINANCING.  I APPRECIATE THAT.  BUT WE HAVE TO UNDERSTAND THAT WE ARE

                    ELECTED TO HELP OUR PEOPLE.  WHAT THAT MEANS IS, YOU HAVE TO MAKE

                    DECISIONS.  IS IT MORE IMPORTANT TO SAY YOU'RE GOING TO HELP SOMEONE

                    GET ELECTED, OR IS IT MORE IMPORTANT TO HELP SOMEONE GET OUT OF JAIL?

                    THE PROMISE STILL REMAINS THAT WHEN CHANEY YELVERTON OF MORRISANIA

                    AIR RIGHTS REACHES OUT AND SAYS THAT THERE ARE BROKEN LOCKS ON DOORS,

                    OR GLEN PRIMUS REACHES OUT SAYING THEY NEED MORE MEALS FOR THE YOUNG

                    PEOPLE, OR NYCHA RESIDENTS ARE WONDERING WHY THERE'S STILL LEAD, OR

                    CONCOURSE VILLAGE OR MITCHELL-LAMA RESIDENTS ARE WONDERING WHY

                    THERE'S SUCH MISMANAGEMENT, OR THE SISTER IS WONDERING WHY SHE GETS

                    DISRESPECTED, OR IMMIGRATION PARTNERSHIP WAS WONDERING WHY THERE'S

                                         446



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    NOT ENOUGH FUNDING.  I UNDERSTAND THE REASONS THAT YOU CAN BE

                    FRUSTRATED, COLLEAGUES, BUT I UNDERSTAND THIS:  INDIVIDUAL DISPLEASURE

                    SHOULD NOT BE GREATER THAN THE GREAT CONSEQUENCES THAT WILL HAPPEN ON

                    TONIGHT FOR REFORM.

                                 SO, TO AKEEM BROWDER AND THE BROWDER FAMILY,

                    HOPEFULLY WE MADE YOU PROUD TONIGHT.  HOPEFULLY WE LIVED UP TO OUR

                    PROMISE OF SAYING THAT NO ONE SHOULD BE IN A CAGE PHYSICALLY, MENTALLY,

                    EMOTIONALLY.  NO ONE SHOULD BE WONDERING IF YOU'LL STAND UP AND FIGHT

                    FOR THEM WHEN YOU HAVE A CHANCE FOR A BUDGET.  WE CELEBRATE WHAT'S

                    HAPPENING ON THIS MORNING.  DIVERSITY IN MEDICINE, SO THAT YOUNG

                    PEOPLE CAN GO TO SCHOOL AND GRADUATE FROM SCHOOL AND BECOME DOCTORS.

                    BECAUSE THEY CAN UNDERSTAND THAT NO, YOU WON'T BE A DRUG DEALER, BUT

                    YOU CAN PRESCRIBE MEDICAL PRESCRIPTIONS FOR A YOUNG PERSON.  MAYBE

                    YOU'LL SHOW THEM THAT YOU'LL CHANGE THE PROMISE OF MY BROTHER'S

                    KEEPER SO THAT YOU CAN BE IN A SPACE HERE IN NEW YORK, WHERE YOU

                    HAVE A BLACK SPEAKER AND A BLACK SPEAKER PRO TEM AND A LATINO CHAIR

                    OF LABOR, AND YOU HAVE A BROTHER NAMED HAKEEM IN DC THAT'S

                    DROPPING LYRICS WHILE DROPPING LEGISLATION.  SOMETHING HAPPENS WHEN

                    YOU SHOW PEOPLE IT'S POSSIBLE, WITH THE PROMISE.

                                 SO, WE COME HERE TONIGHT TO SAY, YES, THERE'S MORE

                    WORK TO BE DONE.  WE RESPECT THAT, WE ACKNOWLEDGE THAT.  BUT ON THE

                    THIS FIRST DAY OF APRIL, LET'S BE CLEAR THAT WHILE SOME OF US MAYBE DIDN'T

                    GET TO GO TO CHURCH YESTERDAY, LET US APPRECIATE THAT IT IMPACTS PUBLIC

                    POLICY BY WHAT YOU'RE DOING EVERY SINGLE DAY.  SPIRITUALLY EVANGELICAL

                    DOESN'T JUST MEAN YOU SIT IN THE PEW.  IT'S THE APPRECIATION WHAT YOU DO

                                         447



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    THROUGH YOUR POLICY AND YOUR VOTES.  JESUS WAS A MAN OF COLOR WHO

                    EXPERIENCED CRIMINAL INJUSTICE BY PONTIUS PILATE'S HANDS.  SO MAYBE WE

                    RECOGNIZE THAT WE SHOULD SERVE THE LEAST OF THESE BY WHAT WE DO WITH

                    OUR HANDS.  THINKING ABOUT WHY TO VOTE FOR THIS BUDGET BILL, IT'S AN

                    OPPORTUNITY FOR HOPE, JUSTICE, POSSIBILITY AND EQUITY.  SO, IN THE WORDS

                    OF FORMER JUSTICE THURGOOD MARSHALL, IN RECOGNIZING THE HUMANITY OF

                    OUR FELLOW BEINGS, WE PAY OURSELVES THE HIGHEST TRIBUTE.  SO, I PAY THIS

                    TRIBUTE BY VOTING YES TONIGHT, ACHIEVING THE PROMISE OF SPEEDY TRIAL AND

                    OPEN DISCOVERY, THE PROMISE OF BAIL REFORM THROUGH CHARITABLE BAIL

                    ORGANIZATIONS AND ALL THAT COMES WITHIN IT.  THE PROMISE OF SAYING YOU

                    WON'T HAVE TO WAIT ANY LONGER, A PROMISE OF UNDERSTANDING A BUDGET

                    SHOWS SOMEONE'S VALUES AND WHO THEY MAY BE.  I'M NOT A PERFECT

                    VESSEL.  NONE OF US ARE.  BUT WE UNDERSTAND THAT WE LIVE UP TO THE

                    PROMISE OF THE BROWDER FAMILY.  IT DIDN'T END ON ONE DAY, IT WON'T END

                    TOMORROW, IT WON'T END THE DAY AFTER.  BUT WE CAN SAY THAT JUSTICE ON

                    TONIGHT WILL ROLL DOWN LIKE WATERS AND RIGHTEOUSNESS LIKE A MIGHTY

                    STREAM.

                                 MY SPEAKER AND COLLEAGUES, WE LIVE OUT THE HONOR OF

                    KALIEF BROWDER AND WE MAKE TRUE THE PROMISE OF JUSTICE.  THAT'S WHY I

                    VOTE YES ON THIS BUDGET.  THANK YOU, EVERYONE.

                                 (APPLAUSE)

                                 ACTING SPEAKER AUBRY:  MR. MOSLEY.

                                 MR. MOSLEY:  THANK YOU, MR. SPEAKER.

                                 ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                         448



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MR. MOSLEY:  FIRST AND FOREMOST, I'D LIKE TO THANK

                    THE SPEAKER AND THE WAYS AND MEANS CHAIR AND THE MAJORITY LEADER

                    AND THE STAFFS FOR THEIR DILIGENT WORK DURING THIS BUDGET SEASON.  I

                    REMEMBER WHEN I WAS FIRST RUNNING BACK IN 2012, AND I WAS ASKED TO

                    DO AN INTERVIEW DURING A CAMPAIGN DATE.  THE EXIT POLLS WERE FAVORABLE

                    TOWARDS ME, AND THE REPORTER SAID, LET ME JUST DO A STORY ON YOU AT

                    YOUR SON'S SCHOOL AT PS 11.  AND I VIVIDLY REMEMBER THE CONVERSATION.

                    BECAUSE HE ASKED ME, WHAT WERE YOUR -- WHAT WOULD BE YOUR

                    PRIORITIES IN ALBANY?  AND I POINTEDLY POINTED OUT TO HIM, ONE, PUBLIC

                    EDUCATION; TWO, DEALING WITH THE ISSUES OF AFFORDABLE HOUSING AND

                    PRESERVING AFFORDABLE HOUSING.  NOW, I WILL BE GLAD TO NOTE THAT WE'LL

                    HAVE A ROBUST CONVERSATION ABOUT OUR RENT LAWS FOLLOWING THIS BUDGET

                    SEASON, WHERE WE WILL HAVE A DEMOCRATIC PROCESS BY WHICH COLLEAGUES

                    ON BOTH SIDES OF THE AISLE WILL DEBATE BILLS THAT WILL LOOK TO STRENGTHEN

                    AND EMPOWER OUR TENANTS, WHILE AT THE SAME TIME PRESERVING AND

                    CREATING UNIVERSAL RENT REGULATION LAWS THAT WILL PRESERVE AFFORDABLE

                    HOUSING NOT ONLY IN NEW YORK CITY BUT THROUGHOUT NEW YORK STATE.

                    BUT I ALSO SAID TO THE REPORTER, I SAID, CERTAIN THINGS WON'T TAKE PLACE

                    WHEN I GET THERE IN 2013 BECAUSE OF THE DYNAMICS IN ALBANY.  THE

                    DYNAMICS THAT PREVENTED US FROM MOVING CERTAIN PIECES OF PROGRESSIVE

                    LEGISLATION IN THE UPPER CHAMBER.  BUT I STAND HERE TODAY STRUGGLING

                    WITH THE NOTION OF VOTING NO ON A BUDGET BILL FOR THE FIRST TIME I'VE BEEN

                    HERE, BECAUSE ALTHOUGH THE DYNAMICS HAVE CHANGED, THE RESULTS STILL

                    REMAIN THE SAME.  UNDERSTANDING THAT YOUR PRIORITIES ARE REFLECTIVE IN

                    THE BUDGET IN WHICH YOU PUSH, AND THE FACT OF THE MATTER THAT, ONE, WE

                                         449



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    HAVE NOT DONE ANYTHING TO CLOSE THE TAP GAP, WE HAVE THE SAME

                    NUMBER IN WHICH WE GAVE TO OUR PUBLIC SCHOOLS IN LIEU OF CAMPAIGN

                    FOR FISCAL EQUITY LAST YEAR THAT WE ARE DOING THIS YEAR.  EVEN THOUGH

                    WE'VE CHANGED THE DYNAMICS IN THE UPPER CHAMBER IN ALBANY, THE

                    RESULTS REMAIN THE SAME.  COUPLE THAT WITH A COMMISSION, A

                    COMMISSION THAT LOOKS TO DO WHAT WE'VE BEEN ELECTED TO DO:  TO DEBATE

                    TOUGH ISSUES, TO HAVE DISCOURSE, TO TALK IN OUR RESPECTIVE CONFERENCES

                    AND TO COME ON THIS FLOOR IN AN EFFORT TO PASS LEGISLATION OUT OF THIS

                    BODY.  BUT YET AGAIN, WE WANT TO GIVE IT TO A COMMISSION.  WE DIDN'T

                    LEARN OUR LESSONS WITH THE MORELAND COMMISSION.  THE PAY -- THE PAY

                    RAISE COMMISSION, AND ALL THE BLUE RIBBONS THAT CAME BEFORE IT.  BUT

                    YET, WE WANT TO GIVE OUR RESPONSIBILITIES TO A GROUP OF NINE PEOPLE,

                    UNIDENTIFIED TO THIS POINT, ELECTED BY NO ONE, BUT YET, GIVING THE

                    RESPONSIBILITIES THAT WE WERE OBLIGATED TO PERFORM AS TRUSTEES OF THIS

                    RESPECTIVE BODY.  NOW, I CAN'T SUPPORT THAT.  MY CONSCIENCE CAN'T

                    SUPPORT THAT.  I'LL TAKE 150 INDIVIDUALS OVER NINE ANY TIME.  BUT

                    SOMETIMES IT'S IMPORTANT TO UNDERSTAND THAT IT'S JUST NOT ABOUT BEING THE

                    PRINCIPAL, BUT IT'S ABOUT BEING PRINCIPLED.  IT'S ABOUT BEING PRINCIPLED IN

                    THE SENSE THAT WE HAVE TO FIGHT AND STAND UP FOR THOSE WHO CAN'T TALK OR

                    SPEAK FOR THEMSELVES.  WE HAVE TO BE PRINCIPLED IN OUR THOUGHTS AND IN

                    OUR ACTIONS.  AND WE HAVE TO BE PRINCIPLED TO DO THE RIGHT THING.  THIS

                    OMNIBUS BILL, THIS BIG UGLY, WHATEVER YOU WANT TO CALL IT, MOST OF IT I

                    AGREE UPON; CRIMINAL JUSTICE REFORM, SOMETHING THAT WE'VE ALL BEEN

                    ADVOCATING FOR FOR MANY, MANY YEARS.  SOME OF THE OTHER ITEMS IN THE --

                    IN SOME OF THE OTHER BILL PACKAGES, THE DREAM ACT, ALL THINGS THAT --

                                         450



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    CENSUS 2020 FUNDING, ALL THINGS THAT WE WANT.  BUT IF WE DON'T DEAL

                    WITH THE FUNDAMENTAL ISSUES OF WHY WE ARE HERE, UNDERSTANDING THAT

                    THE UNDERGIRD OF OUR DEMOCRACY IS THROUGH OUR REPRESENTATION, THEN

                    WHY ARE WE HERE?  WHY NOT JUST CREATE A COMMISSION FOR EVERY

                    DOGGONE ISSUE THAT'S CONTROVERSIAL?

                                 I DO THIS WITH A HEAVY HEART, BECAUSE IT IS NOT MY

                    INTENTIONS TO BE DIFFICULT.  PARTICULARLY WHEN IT COMES TO A BUDGET

                    WHERE THERE IS PUBLIC POLICY IN PLACE, IMPORTANT PUBLIC POLICY THAT'S

                    GOING TO TRANSFORM LIVES, AS MY COLLEAGUE SO NOTED.  BUT I GOTTA DO

                    WHAT'S RIGHT.  I HAVE TO DO WHAT MY CONSCIENCE TELLS ME TO.  AND AS

                    MUCH AS I WANT TO VOTE FOR 90 PERCENT OF IT, OF WHAT'S IN THIS BILL, THAT

                    TEN PERCENT IS PULLING ME TO -- TO VOTE IN THE NEGATIVE.  BECAUSE, FOR ME

                    AND MY CONSTITUENTS, WE UNDERSTAND THAT THE FUTURE OF OUR DEMOCRACY

                    RELIES UPON OUR DEMOCRACY.  RELIES UPON PEOPLE HAVING A VOICE.  RELIES

                    UPON PEOPLE HAVING THE ABILITY TO DEFEND THEMSELVES THROUGH THEIR

                    REPRESENTATION.  AND I BELIEVE THAT THIS COMMISSION WILL -- WILL

                    UNDERSKIRT ALL OF THAT -- WILL UNDERSCORE ALL OF THAT, I SHOULD SAY.  TO

                    ME, I BELIEVE THAT IF WE'RE TO DO RIGHT BY THE MEN AND WOMEN WE

                    REPRESENT THROUGHOUT THIS STATE, PUBLIC POLICY THAT GETS THROWN AT US AT

                    THE LAST MINUTE SHOULD NOT BE A PART OF THIS PROCESS.

                                 FOR THE FUTURE OF OUR DEMOCRACY, THE FUTURE OF PUBLIC

                    SCHOOL STUDENTS, NOT JUST IN NEW YORK CITY BUT ALL THROUGHOUT THIS

                    GREAT STATE, I HUMBLY AND RESPECTFULLY WILL BE VOTING IN THE NEGATIVE.

                    THANK YOU, MR. SPEAKER.

                                 (APPLAUSE)

                                         451



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 (PAUSE)

                                 ACTING SPEAKER AUBRY:  MR. ABINANTI.

                                 (LAUGHTER)

                                 AT TEN MINUTES TO 5:00.

                                 MR. ABINANTI:  I GOT IT.

                                 (LAUGHTER)

                                 THANK YOU, MR. SPEAKER.  I WILL BE BRIEF.  I'VE HEARD

                    ALL OF MY COLLEAGUES TALK ABOUT THE PROS AND CONS.  I WANT TO EXPLAIN

                    WHY I'M GOING TO SUPPORT THIS BILL THIS EVENING.  FIRST, FROM THE REVENUE

                    POINT OF VIEW, THIS BILL GIVES US THE REVENUES WE NEED.  NOT THE

                    REVENUES WE WANT, BUT THE REVENUES WE NEED TO RUN THIS GOVERNMENT.

                    THERE ARE INCREASES OVER WHAT WE HAD LAST YEAR.  IT EXTENDS THE TOP

                    PERSONAL INCOME TAX RATE ON THE WEALTHY, IT FACILITATES THE COLLECTION OF

                    SALES TAX ON ALL INTERNET TRANSACTIONS, IT IMPOSES A TRANSFER TAX ON

                    HIGH-END REAL ESTATE TRANSACTIONS IN THE CITY OF NEW YORK, AND IT PUTS A

                    TAX ON VAPOR PRODUCTS.  IT'S NOT ENOUGH TO DO EVERYTHING WE WANT TO DO,

                    BUT IT IS ENOUGH TO DO WHAT WE HAVE TO DO.  WE SHOULD HAVE FOLLOWED

                    THE ASSEMBLY PLAN, BUT WE COULDN'T GET PARTNERS TO DO THAT.  SO, WE'RE

                    BASICALLY STUCK WITH SOMETHING THAT'S BETTER THAN WE HAD BEFORE, BUT NOT

                    ALL WE WANT.  BUT IT DOES GIVE US THE MONEY TO DO WHAT WE HAVE TO DO.

                    AND IT ALSO ALLOWS US TO SPEND ON THE NEEDS THAT WE HAVE TO MEET.

                    THERE'S EDUCATION MONEY.  AGAIN, NOT ENOUGH.  THERE'S TOO MUCH OF A

                    BURDEN ON OUR LOCAL PROPERTY TAXPAYERS.  THE STATE OF NEW YORK PAYS

                    FOR ONLY 41 PERCENT OF THE COST OF EDUCATION IN THE STATE OF NEW YORK.

                    BUT THIS BILL WILL ALLOW US TO CONTINUE AND TO DO A LITTLE BIT BETTER THAN

                                         452



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    WE DID LAST YEAR.  THERE'S NO MORE HELP IN HERE FOR PEOPLE WITH SPECIAL

                    NEEDS, BUT IT WILL CONTINUE THE PROGRAMS THAT PEOPLE WITH SPECIAL NEEDS

                    GET.

                                 BUT, YOU KNOW, THIS IS WHAT HAPPENS WHEN THE STATE'S

                    LEADER, WHEN THE GOVERNOR FRAMES A BUDGET THAT SPEAKS LIKE A

                    PROGRESSIVE BUT GOVERNS LIKE A CONSERVATIVE; THAT LIMITS REVENUES UP

                    FRONT, AND SETS ARBITRARY SPENDING CAPS.  THAT PREVENTS US FROM MEETING

                    ALL OF THE NEEDS WE NEED TO MEET.  BUT PART OF THE PROBLEM IS OUR OWN.

                    WE ALLOWED THIS GOVERNOR TO SET THESE PARAMETERS.  AND TONIGHT IS TOO

                    LATE TO MAKE A CHANGE.  WE'VE GOT TO LOOK NOW TOWARDS NEXT YEAR.  WE

                    CANNOT HURT OUR SCHOOLS, WE CANNOT HURT OUR COMMUNITIES.  WE CANNOT

                    SHUT DOWN THE STATE OF NEW YORK BECAUSE WE HAVEN'T GOTTEN

                    EVERYTHING THAT WE NEED.  SO, I THINK WE HAVE TO LOOK AND SAY, WHAT

                    ARE WE GOING TO DO DIFFERENT NEXT YEAR?  AND I HOPE THAT WE GO BACK

                    ON A VACATION AND COME BACK IN -- IN THE END OF APRIL AND IN MAY AND

                    SAY, HOW ARE WE GOING TO CHANGE THIS SYSTEM SO WE'RE NOT PUT IN THIS

                    SITUATION AGAIN NEXT YEAR?

                                 WE ALSO SEE THE POSITIVES AND NEGATIVES OF DOING

                    POLICY IN THE BUDGET.  WE GOT CRIMINAL JUSTICE REFORM.  WE'RE INSERTING

                    SOME JUSTICE INTO A CRIMINAL JUSTICE SYSTEM THAT WASN'T THERE BEFORE.

                    WE'RE ADDRESSING THE SIGNIFICANT UNDERFUNDING OF THE TRANSPORTATION

                    SYSTEM IN THE SOUTHERN PART OF THE STATE THAT IS VITAL TO THE LIVES OF

                    ABOUT HALF OF THE PEOPLE IN OUR STATE.

                                 ON THE OTHER HAND, WE WERE EXTORTED.  WE WERE

                    EXTORTED INTO DOING SOME VERY BAD THINGS.  A PERMANENT TAX CAP, FOR

                                         453



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    EXAMPLE.  THAT'S A FALSE PROMISE.  IT WON'T CUT TAXES, AND A TAX CAP

                    DOESN'T PAY FOR THE SERVICES IN THE SCHOOLS THAT WE NEED TO PAY FOR.

                    AND IT'S HYPOCRITICAL.  IT'S HYPOCRITICAL TO ATTACK THE FEDERAL

                    GOVERNMENT FOR AN ARBITRARY LIMIT ON TAXES THAT CAN BE DEDUCTED, BUT

                    THEN AT THE SAME TIME IMPOSE AN ARBITRARY LIMIT ON OUR LOCAL OFFICIALS

                    WHO ARE TRYING TO DO THEIR JOBS AS PUBLIC OFFICIALS.  AND WE'RE BEING

                    FORCED TO SET UP THIS DANGEROUS COMMISSION WHICH PROMISES CAMPAIGN

                    RE -- FINANCE REFORM, BUT WILL GIVE US, WE DON'T KNOW WHAT.  BUT IN THE

                    END, WE NEED TO PASS A BUDGET.  WE CANNOT FOLLOW THE LEAD OF THE

                    FEDERAL GOVERNMENT AND ABANDON OUR PEOPLE.

                                 SO, AFTER I LOOK AT THE PROS AND THE -- AND THE CONS, I

                    LOOK AT MY RESPONSIBILITY - AND SOME OF YOU KNOW I'VE SPOKEN OUT

                    ABOUT ALL OF THE TERRIBLE THINGS IN THIS BUDGET - BUT WE HAVE A

                    RESPONSIBILITY TO MAKE SURE THAT LATER TODAY, THE STATE OF NEW YORK

                    CONTINUES TO FUNCTION AND THAT THE SERVICES OF THE STATE OF NEW YORK

                    CONTINUE TO GET DELIVERED TO THE PEOPLE OF THE STATE.  THEREFORE, I VOTE

                    IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. PALUMBO FOR A

                    SECOND.

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

                    MS. WALKER YIELD JUST FOR A FEW QUICK QUESTIONS?

                                 MS. WALKER:  ME YIELD?

                                 MR. PALUMBO:  SHORT AND SWEET.

                                 MS. WALKER:  YES.

                                 MR. PALUMBO:  THANK YOU, MS. WALKER.

                                         454



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 ACTING SPEAKER AUBRY:  MS. WALKER YIELDS.

                                 MS. WALKER:  I YIELD.

                                 MR. PALUMBO:  THANK YOU.

                                 MS. WALKER:  GOOD MORNING.

                                 MR. PALUMBO:  I JUMPED THE GUN.  I JUMPED THE

                    GUN.  PAGE 111, IF I MAY.  NOW, RELEASE UNDER NONMONETARY CONDITIONS,

                    UNDER THAT BAIL STATUTE, INDICATES THAT A COURT RELEASES A PRINCIPAL WHEN

                    -- WHEN THEY QUALIFY, WHEN THERE IS SUCH CONDITIONS AREN'T -- THAT MAY

                    INCLUDE THAT THE PRINCIPAL BE IN CONTACT WITH PRETRIAL SERVICES, THE

                    PRINCIPAL, A, BE REASONABLE, ABIDE BY REASONABLE SPECIFIED RESTRICTIONS

                    ON TRAVEL THAT ARE REASONABLY RELATED TO AN ACTUAL RISK OF FLIGHT FROM A

                    JURISDICTION, AND THAT THEY REFRAIN FROM POSSESSING A FIREARM,

                    DESTRUCTIVE DEVICE OR OTHER DANGEROUS WEAPON.  THOSE APPEAR TO BE THE

                    ONLY CONDITIONS THAT WOULD BE IMPOSED BY THE COURT, AND THAT THERE IS

                    NO OTHER REALISTIC MONETARY CONDITION, OR SET OF NONMONETARY

                    CONDITIONS WILL SUFFICE TO REASONABLY ASSURE THAT PERSONS RETURN TO

                    COURT.  COULD YOU DEFINE FOR US WHAT YOU MEAN BY NO OTHER REALISTIC

                    MONETARY CONDITION?  WHAT'S REALISTIC MEAN IN THAT SENTENCE, PLEASE?

                                 MS. WALKER:  WELL, THE TERM REALISTICALLY IS NOT

                    SPECIFICALLY DEFINED WITHIN THIS BILL.  IT DOES LEND TO AN OPPORTUNITY FOR

                    JUDICIAL ADVOCACY.  BUT ONE OF THE THINGS THAT I CAN SAY THAT IT IS THE

                    LEGISLATIVE INTENT THAT THE LEAST RESTRICTIVE METHODS BE UTILIZED WITH

                    RESPECT TO THE ADMINISTRATION OF JUSTICE.  WE'RE TRYING TO MAKE SURE THAT

                    PEOPLE AREN'T STIGMATIZED BY THE USAGE OF ELECTRONIC MONITORING.  NOW,

                    WE DON'T CHANGE MASS INCARCERATION AND REPLACE IT WITH E-INCARCERATION

                                         455



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    OR MASS SURVEILLANCE.  AND SO THERE IS A -- A LEVEL OF DEFERENCE WITH

                    RESPECT TO THE TYPE OF PRETRIAL SERVICES OR CONDITIONS THAT ARE EMPLOYED,

                    AND WE WANT TO ENSURE THAT THE COURTS ARE UTILIZING THE LEAST RESTRICTIVE

                    MODES POSSIBLE.

                                 MR. PALUMBO:  THANK YOU.  AND AS FAR AS THOSE

                    CONDITIONS THAT THE COURT WOULD CONSIDER REGARDING POSSIBLY SETTING

                    SOMEONE WHO IS -- IS QUALIFIED TO BE RELEASED, THERE'S NO CONDITION THAT

                    INDICATES THEIR CRIMINAL HISTORY.  IS THAT ACCURATE?  THAT THAT'S NOT TO BE

                    A FACTOR THAT THEY CONSIDER?

                                 MS. WALKER:  IT'S -- UNLESS IT'S IN CONSIDERATION FOR

                    A RISK OF FLIGHT, IT'S -- IT'S NOT CONSIDERED.

                                 MR. PALUMBO:  BECAUSE I KNOW IN OUR OLD BAIL

                    STATUTE THAT EXISTED.  AND WHEN WE GO OVER TO PAGE 113 --

                                 MS. WALKER:  THE STATUTE IS STILL AS IS.

                                 MR. PALUMBO:  I'M SORRY?

                                 MS. WALKER:  THE --

                                 MR. PALUMBO:  UNDER -- UNDER 510, 520, 530 --

                                 MS. WALKER:  IT DOES STILL CONSIDER.

                                 MR. PALUMBO:  OKAY, THEY DO.  SO, CRIMINAL

                    HISTORY IS STILL A FACTOR?

                                 MS. WALKER:  FOR NONMONETARY CONDITIONS, YES.

                                 MR. PALUMBO:  OKAY.  AND WHEN HAVE HERE, WHEN

                    WE LOOK AT A QUALIFYING... WHAT WAS IT, A QUALIFIED -- A QUALIFYING

                    OFFENSE, WE HAVE OVER ON PAGE 113, LINE 32, A CLASS A FELONY DEFINED

                    -- OR SOMEONE'S ELIGIBILITY IS -- IS A CLASS A FELONY OR -- OR EXEMPTS

                                         456



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    THEM FROM IT, WITH AN A FELONY OTHER THAN AN ARTICLE 220 CRIME.  SO

                    THAT IS THE DRUGS -- THE CONTROLLED SUBSTANCE STAT -- ARTICLE.  ISN'T THAT

                    ACCURATE?

                                 MS. WALKER:  RIGHT.

                                 MR. PALUMBO:  SO, IF SOMEONE'S CHARGED, FOR

                    EXAMPLE - AND THIS MAY HAVE BEEN ADDRESSED BY SOME OF THE OTHER

                    SPEAKERS - BUT SOMEONE'S CHARGED WITH A CLASS A SALE OF HEROIN, THEY

                    MUST BE RELEASED FROM CUSTODY, RIGHT?  IN A NONMONETARY SITUATION.

                                 MS. WALKER:  WELL, YOU CAN -- IT IS AN OPTION FOR

                    RELEASE ON YOUR OWN RECOGNIZANCE, BUT YOU CAN ALSO UTILIZE ELECTRONIC

                    MONITORING IN THAT PARTICULAR SITUATION.  SO, THERE ARE EXEMPTIONS FOR

                    DRUG OFFENSES, WITH THE EXCEPTION OF THE KINGPIN STATUTE.

                                 MR. PALUMBO:  GOTCHA.  AND THAT'S SUBSECTION 77,

                    RIGHT?

                                 MS. WALKER:  YES.

                                 MR. PALUMBO:  SO, WHEN WE HAVE ALL THESE

                    MANDATORY RELEASE SITUATIONS, AND FOR NONVIOLENT FELONIES SUCH AS

                    MANSLAUGHTER IN THE SECOND DEGREE, IS A NONVIOLENT C FELONY, THAT'S STILL

                    SOMEONE ELSE WHO WOULD BE ELIGIBLE UNDER THIS PARTICULAR STATUTE.  ISN'T

                    THAT ACCURATE?

                                 MS. WALKER:  WELL, LET ME SAY THIS.  IT'S UP TO --

                    THERE'S A NUMBER OF DIFFERENT CONSIDERATIONS THAT A -- A JUDGE CAN -- CAN

                    LOOK AT WITH RESPECT TO RISK OF FLIGHT.  ONE OF THOSE SUCH

                    RECOMMENDATIONS CAN BE TO RELEASE THEM ON THEIR OWN RECOGNIZANCE, TO

                    UTILIZE PRETRIAL SERVICES OR SOME OTHER ELECTRONIC METHOD -- ELECTRONIC

                                         457



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    MONITORING METHOD IN ORDER TO SECURE THAT INDIVIDUAL'S RETURN TO COURT.

                    THE FACTORS THAT EXISTED WITH RESPECT TO THOSE PARTICULAR CHARGES,

                    HISTORICALLY WITH RESPECT TO BAIL AND THE ADMINISTRATION OF BAIL, STILL

                    EXISTS TODAY.

                                 (PAUSE)

                                 FURTHERMORE, MANSLAUGHTER IS RECKLESS CONDUCT, IT'S

                    NOT INTENTIONAL.

                                 MR. PALUMBO:  CORRECT.  AND THAT IS THE CRIME --

                    IN FACT - NOT TO GET TOO FAR IN THE WEEDS, BUT THE ONLY -- THE INTENTIONAL

                    MURDER HAS -- HAS NEVER HELD UP THE HEIDGEN CASE, COURT OF APPEALS

                    HAS SAID YOU CANNOT CHARGE MURDER FOR A DRUNK DRIVING ACCIDENT THAT

                    KILLS PEOPLE.  SO, IF SOMEONE IS DRIVING DRUNK - AND THIS HAS BEEN

                    REPEATED BY THE COURT OF APPEALS - THE MAXIMUM CHARGE IS

                    MANSLAUGHTER SECOND DEGREE -- I'VE HANDLED A TON OF THOSE CASES, I'VE

                    INDICTED CASES LIKE THAT -- THAT THE BOTTOM LINE IS, THAT'S THE TOP COUNT.

                    IF SOMEONE DRIVES DRUNK THE WRONG WAY ON THE SOUTHERN STATE, LIKE THE

                    HEIDGEN CASE, AND KILLS PEOPLE COMING HOME FROM A WEDDING, THEY

                    MUST BE RELEASED UNDER THE STATUTE.  THIS IS A MUST STATUTE.  AND THIS IS

                    THE CONCERN THAT LAW ENFORCEMENT HAS GIVEN TO ME.  AND I'M

                    WONDERING IF THERE'S ANY WAY WE CAN RECONCILE THAT IN THE BILL.  IF YOU

                    COULD POINT ME TO A PLACE WHERE THAT PERSON COULD BE HELD, CHARGED

                    WITH MAN 2, MANSLAUGHTER SECOND DEGREE AND DWI, WITH MULTIPLE

                    FATALITIES, THERE'S -- UNDER NO CIRCUMSTANCE CAN THEY HOLD THAT PERSON

                    UNDER THIS LANGUAGE.

                                 MS. WALKER:  WELL, THERE IS AN OPPORTUNITY FOR THAT

                                         458



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    INDIVIDUAL TO BE PLACED UNDER AN ELECTRONIC MONITORING SCENARIO, WHICH

                    IS, OF COURSE, YOU KNOW, IN -- IN THE EYES OF -- OF MANY INDIVIDUALS, IS

                    IN AND OF ITSELF A TYPE OF INCARCERATION.  JUST NOT WITHIN THE CONFINES

                    THAT WE KNOW OF.

                                 MR. PALUMBO:  WELL, UNDER -- ON PAGE 112, AT LINE

                    18, WE HAVE A SPECIFIC QUALIFICATION FOR ELECTRONIC MONITORING.  A

                    PERSON CHARGED WITH A FELONY, A MISDEMEANOR CRIME OF DOMESTIC

                    VIOLENCE, A MISDEMEANOR DEFINED IN ARTICLE 130 OF THE PENAL LAW.  IS

                    THAT WHERE YOU'RE SUGGESTING THAT, AND A FEW OTHER, THAT THEY MAY -- FOR

                    THE PURPOSES OF -- IN CALCULATING SUCH FIVE-YEAR PERIOD -- HANG ON, I'M

                    SORRY, I'M CATCHING UP TO THIS LANGUAGE -- THAT PERSON WOULD BE ELIGIBLE

                    FOR ELECTRONIC MONITORING.  IS THAT -- WOULD THAT APPLY?

                                 MS. WALKER:  ANY FELONY.

                                 MR. PALUMBO:  JUST SO THE RECORD IS CLEAR?  ANY

                    FELONY.  SO THEY COULD ULTIMATELY CONSIDER THAT, BUT THEY COULD NOT

                    REMAND THE DEFENDANT PENDING TRIAL, OR SET ANY CASH BAIL.  IS THAT

                    ACCURATE?

                                 MS. WALKER:  WELL, THAT BRINGS YOU -- BRINGS ME TO

                    THE SECOND PORTION OF THE LEGISLATION THAT YOU WERE GOING INTO.  IF THEY

                    PERSISTENTLY AND/OR WILLFULLY FAILED TO APPEAR IN COURT WHILE THEY ARE AT

                    LIBERTY, OR THEY VIOLATED AN ORDER OF PROTECTION, INTIMIDATED A VICTIM OR

                    WITNESS, OR WERE RELEASED ON A FELONY CHARGE, COMMITS ANOTHER FELONY,

                    THEY MAY BE REMANDED IN THOSE PARTICULAR SITUATIONS.

                                 MR. PALUMBO:  BUT THEY -- THEY WOULD STILL HAVE TO

                    BE RELEASED, THOUGH.  AND THEY WOULD -- BECAUSE THEY - OF THE NATURE OF

                                         459



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    THAT BEING A NONVIOLENT FELONY, AND THEY'D BE RELEASED WITH ELECTRONIC

                    MONITORING.  THAT'S THE MAXIMUM, I GUESS, SANCTION.  RIGHT?  UNDER

                    THIS LEGISLATION?

                                 MS. WALKER:  THAT'S -- INITIALLY, YES.  BUT IF YOU

                    SORT OF REACHED A STEPPED-UP MODEL WHILE --

                                 MR. PALUMBO:  BUT IF -- IF THEY DID APPEAR,

                    THOUGH.  --

                                 MS. WALKER:  -- YOU'RE OUT IN LIBERTY, YOU COMMIT

                    ANY OF THESE OTHER, A, B, C OR D, PERSISTENTLY AND WILLFULLY VIOLATED AN

                    ORDER OF PROTECTION, INTIMIDATED A WITNESS, WHILE RELEASED ON A FELONY

                    COMMIT ANOTHER FELONY --

                                 MR. PALUMBO:  LET ME ASK YOU THIS --

                                 MS. WALKER:  --THEN THAT'S REMAND.

                                 MR. PALUMBO:  AND THEN -- OR -- WHAT -- AND

                    WHERE WAS -- YOU -- BUT YOU HAVE TO -- WHERE WAS THAT SECTION?  IF YOU

                    WOULDN'T MIND POINTING ME TO IT.  BECAUSE MY UNDERSTANDING WAS THAT

                    THEY HAD TO EITHER NOT APPEAR, OR NOT OTHERWISE COMPLY.  BUT IF THEY

                    SHOW UP FOR ALL THEIR COURT DATES WHILE BEING ELECTRONICALLY MONITORED,

                    GET DRUNK, KILL SOMEBODY ELSE, THEY'RE SILL ELIGIBLE FOR RELEASE UNDER THE

                    STATUTE.  THERE IS NO CRIMINAL HISTORY --  THERE IS NOTHING IN THE STATUTE

                    THAT I COULD FIND, AND IF YOU COULD PLEASE POINT ME THERE --

                                 MS. WALKER:  WELL, INITIALLY --

                                 MR. PALUMBO:  -- THAT -- THAT PERSON WHO'S NOW

                    REPEATEDLY OFFENDED, THERE'S NO SPECIFIC CONDITION, UNLESS THE COURT -- I

                    -- I WOULD LIKE TO SEE WHERE THEY COULD SAY, AND ALSO, PLEASE DON'T GET

                                         460



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    ME ARRESTED.  BECAUSE THERE -- THERE'S NOTHING IN HERE THAT INDICATES A

                    SUBSEQUENT ARREST WILL BE A VIOLATION OF YOUR CONDITIONS OF BAIL.

                                 MS. WALKER:  WELL, INITIALLY, THE JUDGE STILL HAS AN

                    OPPORTUNITY TO PROVIDE ANTILOCK DEVICE ON THE VEHICLE IN ORDER TO DO

                    WHAT IT CAN TO PREVENT ANOTHER VEHICULAR SITUATION.  IN -- IN THE INSTANCE

                    WHERE THERE WAS ONE SUCH CIRCUMSTANCE, AND THERE'S ANOTHER FELONY THAT

                    GETS COMMITTED, THE JUDGE DOES HAVE THE OPTION OF REMANDING THAT

                    INDIVIDUAL.  OR BAIL.

                                 MR. PALUMBO:  AND THAT WOULD BE BECAUSE THEY

                    VIOLATED THE CONDITIONS THAT THE JUDGE IMPOSED, TO NOT GET REARRESTED?  I

                    GUESS -- BUT THEY'D HAVE TO AFFIRMATIVELY SAY THAT, I PRESUME.

                                 MS. WALKER:  THAT WOULD BE BECAUSE WHILE THEY

                    ARE AT LIBERTY AND THEY WERE RELEASED ON A FELONY CHARGE, THEY

                    COMMITTED ANOTHER FELONY CHARGE.

                                 MR. PALUMBO:  OKAY.  WELL, THAT'S GOOD TO KNOW.

                                 NOW, ONE -- JUST TWO MORE LITTLE -- TWO MORE AREAS,

                    QUICKLY.  ON 116 AT THE BOTTOM, THE NONMONETARY CONDITIONS OF RELEASE

                    SHALL BE INDIVIDUALIZED AND ESTABLISHED IN WRITING.  AT FUTURE COURT

                    APPEARANCES THEY'LL CONSIDER LESSENING CONDITIONS.  IN THE EVENT OF

                    ALLEGED NONCOMPLIANCE WITH THE CONDITIONS OF RELEASE IN AN IMPORTANT

                    RESPECT, PURSUANT TO THIS SUBDIVISION, ADDITIONAL CONDITIONS MAY BE

                    IMPOSED ON THE RECORD OR IN WRITING ONLY AFTER NOTICE OF THE FACTS AND

                    CIRCUMSTANCES, SAID ALLEGED NONCOMPLIANCE, REASONABLE UNDER THE

                    CIRCUMSTANCES, AFFORDING THE PRINCIPAL AND THE PRINCIPAL'S ATTORNEY

                    AND THE PEOPLE AN OPPORTUNITY TO BE PRESENT -- TO PRESENT RELEVANT

                                         461



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    ADMISSIBLE EVIDENCE, RELEVANT WITNESSES AND TO CROSS-EXAMINE

                    WITNESSES, AND BY -- AND A FINDING BY CLEAR AND CONVINCING EVIDENCE

                    THAT THE PRINCIPAL VIOLATED A CONDITION OF RELEASE IN AN IMPORTANT

                    RESPECT.  SO, WE HAVE TO HAVE A HEARING IN ORDER TO FIND SOMEONE IN

                    CONTRAVENTION TO THE COURT'S RULES OF RECOGNIZANCE.  SO, I'M ON

                    ELECTRONIC MONITORING FOR A MANSLAUGHTER, I COMMIT ANOTHER

                    MANSLAUGHTER OR AN A-1 FELONY DRUG SALE, SELL A HUGE PILE OF HEROIN TO

                    AN UNDERCOVER.  I NOW HAVE TO PRESENT WITNESSES AS THE PROSECUTOR,

                    SUBJECT TO CROSS-EXAMINATION, JUST TO REVOKE BAIL UNDER THIS.  WE NEED A

                    HEARING.  AND I NOW HAVE TO EXPOSE MY WITNESSES AND LET THEM BE

                    CROSS-EXAMINED, WHICH IS FINE.  BUT THIS ISN'T EVEN A PRELIMINARY

                    HEARING.  WE -- I MEAN, WE'RE NOT EVEN HAVING A FELONY EXAM AT THIS

                    POINT, THIS IS SIMPLY TO ADDRESS BAIL.  IS -- IS THAT ACCURATE?

                                 MS. WALKER:  THAT'S NOT ACCURATE.  BUT I DID LIKE

                    YOUR ITERATION OF --

                                 MR. PALUMBO:  WELL, TELL ME WHAT THAT SECTION

                    MEANS.  BECAUSE IT LOOKS AS THOUGH IT HAS TO BE A WRITTEN FINDING AFTER A

                    HEARING.

                                 MS. WALKER:  THIS IS ONLY --

                                 MR. PALUMBO:  TELL ME IF I'M --

                                 MS. WALKER:  THIS IS ONLY UPON TECHNICAL

                    VIOLATIONS.  IF THERE'S A SECOND FELONY THAT GETS COMMITTED, THEN THESE

                    CIRCUMSTANCES DOES NOT COME INTO PLAY AND --

                                 MR. PALUMBO:  WELL, WOULD THE ALLEGATIONS OF

                    ARREST WOULD BE ENOUGH --

                                         462



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MS. WALKER:  AND YOU WILL BE BAIL ELIGIBLE.

                                 MR. PALUMBO:  JUST THE ALLEGATIONS OF ARREST WOULD

                    BE ENOUGH UNDER THE STATUTE?

                                 MS. WALKER:  THE ARREST.

                                 MR. PALUMBO:  NOT A CONVICTION.  I'M SAYING JUST

                    REARRESTED, THAT WOULD BE ENOUGH FOR THEM TO FIX --

                                 MS. WALKER:  YES.

                                 MR. PALUMBO:  -- BAIL?

                                 MS. WALKER:  YES.

                                 MR. PALUMBO:  OKAY.  GOOD.  THANK YOU.

                                 ONE LAST PART.  121 -- I'M MOVING QUICK, FOLKS.

                                 MS. WALKER:  121, OKAY.  I'M WITH --

                                 MR. PALUMBO:  I JUST FIND THERE'S SOME LANGUAGE --

                                 MS. WALKER:  -- PASTOR A. R. BERNARD.

                                 (LAUGHTER)

                                 MR. PALUMBO:  THERE'S JUST -- I WON'T READ THROUGH

                    THE WHOLE THING, BUT GENERALLY, IT HAS THE SAME SITUATION WHERE IF IT'S --

                    IT NEEDS TO BE A QUALIFYING OFFENSE IN ORDER TO HOLD THAT PERSON, THEY

                    TALK ABOUT MANDATORY RELEASE.  BUT WHEN WE LOOK AT THE BOTTOM, WHICH

                    IS THE END OF 530.20 SUBSECTION (2), WHICH IS THE BOTTOM OF PAGE 122,

                    LATRICE --

                                 MS. WALKER:  I'M WITH YOU.

                                 MR. PALUMBO:  WHEN THE DEFENDANT'S CHARGED

                    WITH SOMETHING LIKE AN A FELONY, IT SEEMS COUNTERINTUITIVE TO THE OTHER

                    PART.  BECAUSE A LOCAL CRIMINAL COURT, YOU SEE SUBSECTION (2)(A), CITY

                                         463



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    COURT, TOWN COURT OR VILLAGE COURT MAY NOT ORDER RECOGNIZANCE OR BAIL

                    WHEN THE DEFENDANT IS CHARGED WITH A CLASS A FELONY, OR, THE DEFENDANT

                    HAS TWO PREVIOUS FELONY CONVICTIONS.  SO, IF SOMEONE IS CHARGED WITH

                    EVEN JUST A PLAIN OLD FELONY -- E FELONY OR D FELONY DRUG POSSESSION,

                    WHICH IS CLEARLY ELIGIBLE FOR RELEASE IN THE REST OF THE STATUTE, THIS IS

                    CONTRARY TO THAT BECAUSE A VILLAGE JUSTICE OUT, SAY IN SOUTHAMPTON, A

                    TOWN JUSTICE, MUST REMAND THAT DEFENDANT, ACCORDING TO THE SECOND PART

                    OF 530.20.  SO, I THINK THAT'S SOMETHING THAT NEEDS TO BE RECONCILED

                    MAYBE WITH A CHAPTER AMENDMENT, IN ORDER TO ACHIEVE THE INTENDED --

                    THE INTENDED RESULT.

                                 MS. WALKER:  COUNSELOR, TOWN AND VILLAGES --

                    TOWN AND VILLAGE JUSTICES DON'T -- DOES NOT HAVE JURISDICTION OVER THESE

                    TYPES OF CASES.  THAT'S CURRENT LAW, AND THAT WE DID NOT CHANGE IN THIS

                    LEGISLATION.

                                 MR. PALUMBO:  FOR ARRAIGNMENT, THEY DO, MA'AM.

                    THEY DO.  WE DO IT ALL THE TIME ON -- ON THE EAST END OF LONG ISLAND.

                    THEY --

                                 MS. WALKER:  THEY MUST BE --

                                 MR. PALUMBO:  -- THEY CAN ARRAIGN MURDER CASES.

                    THEY CAN ARRAIGN -- THEY CAN'T HAVE TRIAL JURISDICTION --

                                 MS. WALKER:  OKAY.  THEY MUST REMAND UNTIL

                    THERE'S A SUPERIOR COURT THAT CAN ACTUALLY HEAR THE CASE.

                                 MR. PALUMBO:  RIGHT.  RIGHT.  AND THAT WAS MY

                    POINT, THAT THAT SEEMS TO BE COUNTERINTUITIVE TO THE BEGINNING -- TO THE

                    OTHER PART.  BUT I APPRECIATE YOUR PATIENCE.

                                         464



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 ON THE BILL VERY QUICKLY, PLEASE --

                                 MS. WALKER:  THANK YOU.

                                 MR. PALUMBO:  -- MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  AND QUICK YOU BETTER

                    BE.

                                 MR. PALUMBO:  YES.

                                 (LAUGHTER)

                                 JUST -- MR. SPEAKER, THAT -- WE --  THIS ISN'T -- OF COURSE

                    WITHIN PUBLIC PROTECTION, BUT THIS SEEMS TO BE, UNFORTUNATELY, I DON'T

                    THINK THIS PROTECTS THE PUBLIC.  BECAUSE REMOVING DISCRETION WHEN IT

                    COMES TO THE RELEASE AND ARRAIGNMENT AND EVALUATION OF CASES ON A

                    CASE-BY-CASE BASIS IS VERY DANGEROUS.  SO, THAT'S THE BOTTOM LINE.  THERE

                    HAS BEEN SOME JUST SIGNIFICANT OPPOSITION TO THIS, JUST FOR THOSE

                    PURPOSES, THAT THE COURT WON'T BE ABLE TO EXERCISE DISCRETION.

                                 AND FOR THOSE REASONS, I'M ASKING EVERYONE TO VOTE

                    NO.  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.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MS. GLICK TO EXPLAIN HER VOTE.

                                 MS. GLICK:  THANK YOU, MR. SPEAKER.  LAST YEAR WE

                    DID RAISE THE AGE, AND THIS YEAR IN THIS BILL WE ARE BUILDING ON THE

                    ESSENTIAL CRIMINAL JUSTICE REFORM NEEDED FOR OUR STATE.  AND WHILE I

                                         465



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    SUPPORT BOTH CONGESTION PRICING AND PUBLIC FINANCING OF CAMPAIGNS, I

                    DON'T SUPPORT A PANEL FOR ONE AND A COMMISSION FOR THE OTHER.  I ALSO

                    RECOGNIZE THAT MANY NEW YORKERS DO NOT SUPPORT USING DOLLARS FOR --

                    TAX DOLLARS FOR CAMPAIGNS BECAUSE WE HAVE SO MANY CRITICAL NEEDS

                    WHICH WE HAVE YET TO FUND.  I HOPE AT SOME POINT WE CAN ADDRESS THE

                    CITY'S CONCERNS REGARDING THE PIED-À-TERRE TAX, AND RAISE THE NEEDED

                    FUNDS FOR THINGS LIKE THE TAP GAP, AND ENSURING THAT WE HAVE SUFFICIENT

                    FUNDING FOR STUDENTS WITH DISABILITIES.

                                 BUT TODAY, I WILL SUPPORT THIS BILL, AND CAN'T BELIEVE

                    THAT IT'S CLOSE TO 24 HOURS WHEN I WALKED IN.  SO, WITH THAT, I WITHDRAW

                    MY REQUEST AND VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MS. GLICK IN THE

                    AFFIRMATIVE.

                                 MR. GOODELL.

                                 MR. GOODELL:  TO EXPLAIN MY VOTE.  AS MANY OF

                    MY COLLEAGUES NOTED, THE COMMISSION DOES INDEED SEEM TO VIOLATE

                    MANY PROVISIONS IN THE CONSTITUTION, AND I KNOW YOU WANTED TO KNOW

                    WHICH SECTIONS SO YOU COULD CHECK IT ON YOUR MONITOR RIGHT AFTER YOU

                    WAKE UP AND REVIEW OUR DEBATE.  IT'S ARTICLE III, SECTION 13, WHICH IS

                    SOMETHING YOU ALL OUGHT TO APPRECIATE BECAUSE IT TALKS ABOUT YOU AND IT

                    SAYS, NO BILL, NO LAW SHALL BE ENACTED EXCEPT BY A BILL ADOPTED BY US.

                    WHAT A GREAT, GREAT NOVEL CONCEPT.  AND AS MY COLLEAGUES NOTED, WE

                    DON'T REALLY HAVE THE AUTHORITY TO DELEGATE TO SOMEONE ELSE THE POWER TO

                    MAKE LAWS, INCLUDING THE POWER BEING DELEGATED TO A HANDPICKED

                    COMMISSION TO MAKE TOUGH DECISIONS THAT WE DON'T WANT TO MAKE

                                         466



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    OURSELVES.  I WOULD ALSO POINT OUT, BY THE WAY, THAT THE CONSTITUTION

                    STATES THAT, NO DEBT SHALL BE BORROWED BY OR ON BEHALF OF THE STATE

                    EXCEPT BY VOTER APPROVAL.  THIS PARTICULAR BILL INCREASES OUR DEBT BY

                    $5.8 BILLION, WITH NO VOTER APPROVAL.  AND SINCE THERE'S NO VOTER

                    APPROVAL, THE VOTERS SHOULDN'T BE HELD RESPONSIBLE FOR PAYING THAT $5.8

                    BILLION.  BUT MANY OF YOU WILL NOTE THAT IF WE CONTINUE TO BORROW

                    WITHOUT VOTER APPROVAL AND WE DON'T CONTINUE TO PAY WITHOUT VOTER

                    APPROVAL, PEOPLE WON'T ALLOW US TO VIOLATE THE CONSTITUTION IN THE

                    FUTURE, AND THAT WOULD HAVE DEVASTATING IMPACTS, BECAUSE WE'D HAVE TO

                    GO BACK TO OUR OWN VOTERS.  SO, I HAVE GREAT CONFIDENCE IN THE VOTERS

                    THAT THEY HAVE SELECTED YOU TO REPRESENT THEM, AND I WOULD HOPE THAT IN

                    THE FUTURE, ALL OF US, HAVING BEEN ELECTED BY OUR COLLEAGUE -- BY OUR

                    CONSTITUENTS, WOULD EXERCISE THAT AUTHORITY, AS SUGGESTED BY MANY OF

                    US, AND MAKE THE TOUGH DECISIONS RATHER THAN TO TRY TO PASS THEM OFF ON

                    A HANDPICKED COMMITTEE, AND THAT WE DON'T BORROW MORE MONEY AND

                    MORTGAGE THE FUTURE WITHOUT THAT VOTER APPROVAL.

                                 SO FOR THOSE REASONS, I'LL BE VOTING NO.  THANK YOU,

                    MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MR. GOODELL IN THE

                    NEGATIVE.

                                 MS. CRUZ.

                                 MS. CRUZ:  THANK YOU, MR. SPEAKER.  MY DECISION

                    TODAY WAS NOT EASY.  I THANK MY COLLEAGUES FOR THEIR HARD WORK TO

                    SECURE PROGRESSIVE POLICIES THAT ADDRESS LONGSTANDING NEEDS, LIKE $10

                    MILLION FOR IMMIGRANT LEGAL SERVICES, CONGESTION PRICING TO HELP FIX THE

                                         467



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    MTA, AND CRIMINAL JUSTICE REFORM TO ADDRESS THE INEQUITIES OF OUR

                    CRIMINAL JUSTICE SYSTEM, WHICH DISPROPORTIONATELY AFFECT COMMUNITIES

                    OF COLORS, AND HAVE BASICALLY CRIMINALIZED POVERTY.

                                 BUT WE FAILED TO ADDRESS KEY CONCERNS THAT WOULD

                    MAKE NEW YORK A FAIRER STATE.  WE NEEDED THE ULTRA-MILLIONAIRE'S TAX,

                    ALSO KNOWN AS PIED-À-TERRE.  OTHERWISE, WE CAN'T KEEP ON COMPLAINING

                    THAT WE CAN'T FIND THE MONEY FOR THE THINGS THAT WE NEED AROUND HERE.

                    WE ALSO NEEDED TO FULLY FUND THE CENSUS COUNT, AND WE CHOSE TO

                    INSTEAD GIVE A COUPLE OF MILLION DOLLARS TO A FOOTBALL TEAM.  WE FAILED

                    TO FULLY FUND OUR SCHOOLS TO MEET THE CFE FORMULA.  THE FUNDING WE'RE

                    GETTING WILL NOT ADDRESS THE NEEDS OF OUR CHILDREN.  WE FAILED TO

                    ALLOCATE MUCH-NEEDED FUNDS TO CUNY AND SUNY.  WE FAILED TO FUND

                    TAP, GAP AND SERVICES TO STUDENTS WITH SPECIAL NEEDS.  WE MUST DO

                    BETTER FOR OUR PUBLIC COLLEGE STUDENTS.  FOR MANY OF US, IT'S THE WAY OUT

                    OF POVERTY AND INTO THE MIDDLE CLASS.  WE FAILED TO CREATE A SYSTEM OF

                    PUBLIC FINANCING FOR CAMPAIGNS, SOMETHING OUR COMMUNITIES HAVE BEEN

                    ASKING.  WE NEEDED TO CREATE A SYSTEM THAT WOULD ELEVATE THE VOICES OF

                    OUR PEOPLE ABOVE THE VOICES OF SPECIAL INTERESTS.  THE SYSTEM WE HAVE

                    NOW IS EXACTLY THE REASON WHY WE COULDN'T PASS THAT TAX FOR THE ULTRA

                    RICH.  INSTEAD, WE HAVE A COMMISSION THAT, FRANKLY, IS USURPING THE ROLE

                    OF THE LEGISLATURE.  AND THAT PERHAPS, PERHAPS WE'LL COME UP WITH A

                    SYSTEM THAT TRULY UPLIFTS THE VOICE OF OUR PEOPLE.

                                 BUT I WILL VOTE YES ON THIS BILL BECAUSE THE GOOD

                    OUTWEIGHS THE BAD.  BECAUSE WHEN I LOOK BACK IN HISTORY, I WANT TO

                    KNOW THAT I WAS ON THE RIGHT SIDE OF THINGS, BECAUSE THERE ARE PEOPLE

                                         468



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    RIGHT NOW SITTING IN JAIL BECAUSE THEY CANNOT AFFORD BAIL.  AND THAT

                    STOPS TODAY.  I CONTINUE MY COMMITMENT TO FIGHT FULLY TO FULLY FUND OUR

                    SCHOOLS UNDER THE CFE FORMULA, TO FULLY FUND THE NEEDS OF CUNY AND

                    SUNY, AND TO KEEP A WATCHFUL EYE OVER THIS COMMISSION TO ENSURE THAT

                    IT DOES WHAT IT WAS ACTUALLY APPOINTED TO DO.

                                 THANK YOU, MR. SPEAKER, AND I WILL VOTE IN THE

                    AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  THANK YOU.  MS.

                    CRUZ IN THE AFFIRMATIVE.

                                 MS. FERNANDEZ.

                                 MS. FERNANDEZ:  THANK YOU, MR. SPEAKER, FOR

                    ALLOWING ME TO EXPLAIN MY VOTE.  THIS WAS A HEFTY BILL, A BUSY BILL THAT

                    A LOT OF US AGREED ON AND A LOT OF US DISAGREED ON.  BUT THERE'S ONE

                    THING THAT I WOULD BE REMISS IF I DIDN'T SUPPORT THIS BILL, AND THAT IS

                    WHAT IT'S -- WHAT IT'S DOING TO THE CRIMINAL JUSTICE SYSTEM.  SINCE THE

                    BEGINNING OF THE SYSTEM, IT'S BEEN FLAWED.  WE ARE THE COUNTRY WITH THE

                    HIGHEST INCARCERATION RATE, AND INDIVIDUALS, AT AN ALARMING AMOUNT OF

                    THEM INNOCENT.  OUR SYSTEM TARGETS POOR MINORITY DEMOGRAPHICS AND

                    FOCUSES ON LOCKING THE MOST AMOUNT OF PEOPLE AWAY, INSTEAD OF

                    ESTABLISHING A FAIR SYSTEM WHERE INNOCENT CAN PREVAIL.  THIS WAS

                    IMPORTANT BECAUSE OF WHAT WE SUCCEEDED IN GETTING SPEEDY TRIAL IN IT,

                    DISCOVERY JUSTICE, AND CASH BAIL REFORM.  RIGHT NOW, THOUSANDS OF

                    PEOPLE ARE SITTING IN JAIL, THOUSANDS OF PEOPLE THAT COULD BE INNOCENT.

                    WHY?  BECAUSE THEY COULD NOT AFFORD THE BAIL.  THIS ANTIQUATED SYSTEM

                    STANDS AS A DIRECT ATTACK TO LOWER-INCOME INDIVIDUALS WHO ARE LESS

                                         469



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    LIKELY TO AFFORD A CASH BAIL, AND WHO WOULD, INSTEAD, SPEND THEIR DAYS

                    IN DETENTION WHILE THEY MAY AS WELL BE INNOCENT.  SUCH REFORMS ARE

                    NECESSARY TO PREVENT UNNEEDED SUFFERING.  MENTIONED BEFORE TODAY,

                    KALIEF BROWDER, WHO DID NOT ACCEPT THE GUILTY PLEA, COULD NOT AFFORD

                    THE BAIL SYSTEM SET AGAINST HIM AND WAS NOT GRANTED A SPEEDY TRIAL, WAS

                    FAILED BY THE SYSTEM AND TOOK HIS LIFE.  BUT NO MORE, NOT ONE MORE

                    PERSON WILL BE HURT, NOT ONE MORE PERSON WILL BE HELD AGAINST THEIR WILL

                    BY THIS SYSTEM.  AND IT WILL NOT HURT THE MOST VULNERABLE.

                                 THE PASSAGE OF THESE BILLS BRINGS A NEW DAY TO NEW

                    YORKERS, AND FOR THAT I PROUDLY VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MS. FERNANDEZ IN THE

                    AFFIRMATIVE.

                                 MR. EPSTEIN.

                                 MR. EPSTEIN:  THANK YOU, MR. SPEAKER.  I RISE TO

                    EXPLAIN MY VOTE.  AND HERE WE ARE ON APRIL 1ST, APRIL FOOL'S DAY,

                    REALIZING THAT THERE'S NO MONEY FOR NYCHA, FOR THE 400,000 RESIDENTS

                    THAT LIVE THERE.  THAT FOUNDATION AID ISN'T ENOUGH.  THE $4.3 BILLION

                    THAT WE OWE TO OUR STUDENTS, CUNY AND SUNY TEACHERS, TAP GAP,

                    STUDENTS WITH DISABILITIES NOT BEING TAKEN CARE OF.  WHY ARE WE NOT

                    TAXING THE PEOPLE WHO CAN MOST AFFORD IT TO COVER ALL THESE NEEDS?

                    WHY DOES THE SYSTEM WORK FOR SO MANY -- DOES NOT WORK FOR SO MANY

                    NEW YORKERS?  PEOPLE LIKE US.  THE PEOPLE IN POWER IGNORING THE

                    PEOPLE WHO ARE POWERLESS.

                                 FAIR ELECTIONS, WE SET UP FORWARD A COMMISSION.  WE

                    MAY NOT EVER GET FAIR ELECTIONS.  WE MAY NEVER GET A MATCHING SYSTEM.

                                         470



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    WHY?  WE LOOK AT THE MTA.  WE NEED MONEY FOR THE MTA, SO WE DO

                    CONGESTION PRICING.  IT'S A GOOD WAY TO FIX THE SUBWAYS.  BUT IT'S NOT

                    ENOUGH.  REALLY DISAPPOINTED TO THINK ABOUT A PIED-À-TERRE TAX, WHICH

                    COULD BRING MORE MILLIONS OF DOLLARS IN.  BUT THE WELL-CONNECTED REAL

                    ESTATE INDUSTRY LOBBIED TO MAKE THAT COLLAPSE.  CLEARLY, THE INFLUENCE OF

                    REAL ESTATE AND BIG MONEY SHOWS ITS POWER.  SHOWS HOW WITHOUT A

                    PUBLIC MATCHING SYSTEM, CORPORATE AND SPECIAL INTERESTS WILL TAKE OVER.

                                 WHILE THIS BUDGET GOES IN THE RIGHT DIRECTION, WE'VE

                    MISSED OUT ON SO MANY OPPORTUNITIES.  CRIMINAL JUSTICE REFORM IS

                    CRITICAL.  AND WE'VE HEARD FROM OUR BROTHERS AND SISTERS HERE AROUND

                    KALIEF BROWDER.  WE SHOULD SAY HIS NAME, REMEMBER HIS NAME, AND

                    THOUGHT -- THINK ABOUT HIS STRUGGLE.  THINK ABOUT PEOPLE.  A FRIEND OF

                    MINE WHO WAS RECENTLY INCARCERATED WAS HELD ON BAIL, WAS SENT TO

                    RIKERS, A LEGAL SERVICES WORKER WHO IS AN ACTIVE MEMBER OF OUR

                    COMMUNITY, BUT JUST ANOTHER WOMAN OF COLOR TO THE SYSTEM.

                                 ACTING SPEAKER AUBRY:  MR. EPSTEIN, HOW DO

                    YOU VOTE?

                                 MR. EPSTEIN:  ON SO MANY ISSUES, I'M GOING TO BE

                    VOTING IN THE AFFIRMATIVE ON THIS BILL.

                                 ACTING SPEAKER AUBRY:  MR. EPSTEIN IN THE

                    AFFIRMATIVE.

                                 MR. WEPRIN.

                                 MR. WEPRIN:  THANK YOU, MR. SPEAKER.  I'M VERY

                    TORN BY THIS BILL, BECAUSE AS CHAIR OF CORRECTIONS, I'VE LONG ADVOCATED

                    FOR THE CRIMINAL JUSTICE REFORM IN THIS BILL.  BAIL REFORM.  DISCOVERY

                                         471



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    REFORM.  SPEEDY TRIAL REFORM.  ALL BILLS THAT WE VOTED FOR IN PREVIOUS

                    YEARS IN ONE-HOUSE BILLS AND I VOTED FOR.  BUT I CANNOT VOTE FOR THIS BILL

                    BECAUSE I'VE BEEN FIGHTING VARIOUS CONGESTION PRICING PROPOSALS FOR

                    OVER TEN YEARS, GOING BACK TO MAYOR BLOOMBERG, AND OF ALL THESE

                    PROPOSALS, THIS IS BY FAR THE WORST.  IT GIVES A TOTAL BLANKET CHECK --

                    BLANK CHECK TO THE TBTA.  WE DO NOT KNOW HOW MUCH WE ARE GOING

                    TO BE TAXING OUR CONSTITUENTS, WHETHER IT'S GOING TO BE $10, $20, $30, IS

                    THERE A CAP ON IT?  IS THE ZONE GOING TO BE CHANGED?  HOW OFTEN WILL IT

                    GO UP?  THERE'S SO MANY UNANSWERED QUESTIONS IN THIS.  SO, EVEN IF I

                    WAS A SUPPORTER OF CONGESTION PRICING ALL THOSE YEARS, I COULD NOT VOTE

                    FOR THIS PROPOSAL WITH THE OPENNESS OF IT.  AND I ACTUALLY REPRESENT

                    WHAT'S REFERRED TO AS A TRANSIT DESERT, WHERE YOU HAVE TO TAKE TWO BUSES

                    -- EASTERN PART OF MY DISTRICT YOU HAVE TO TAKE TWO BUSES AND A TRAIN TO

                    GET INTO MIDTOWN MANHATTAN, INTO THE ZONE.  AND IT OFTEN TAKES MY

                    CONSTITUENTS TWO HOURS TO GET INTO THE ZONE, WHILE IF THEY'RE DRIVING

                    EVEN WITH CONGESTION, IT TAKES ABOUT AN HOUR.

                                 SO, FOR ALL OF THOSE REASONS, I CANNOT IN GOOD

                    CONSCIENCE VOTE FOR THIS BILL.  I VOTE IN THE NEGATIVE.

                                 ACTING SPEAKER AUBRY:  MR. WEPRIN IN THE

                    NEGATIVE.

                                 MR. PHILLIP STECK.

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

                    CONGRATULATE CHAIRS WEINSTEIN AND BENEDETTO FOR CONTINUING OUR

                    COMMITMENT TO INCREASED AID FOR EDUCATION UNDER DIFFICULT

                    CIRCUMSTANCES.  THE PUBLIC SCHOOLS IN THE 110TH DISTRICT DID WELL.

                                         472



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    THANK YOU.  BUT THERE IS A POISON PILL IN THIS BUDGET.  THAT IS THE

                    COMMISSION ON SO-CALLED CAMPAIGN FINANCE REFORM.  I HAVE SPOKEN

                    AGAINST PAID COMMISSIONS' AGGRANDIZEMENT OF POWER.  IT WOULD BE

                    HYPOCRITICAL OF ME TO ENDORSE THIS COMMISSION, AND HYPOCRISY DESTROYS

                    THE CREDIBILITY OF ANY ELECTED OFFICIAL IN THE EYES OF THE VOTERS.  THE

                    COMMISSION IS ANTIDEMOCRATIC.  IT ALLOWS FIVE PEOPLE TO ENACT STATUTES,

                    THUS USURPING THE CONSTITUTIONAL FUNCTION OF THE LEGISLATURE.  ALSO, IT IS

                    NOT ABOUT PUBLIC FINANCING OF ELECTIONS.  THERE IS A CLAUSE THAT WOULD

                    FACILITATE ABOLITION OF FUSION VOTING.  ONE COULD HAVE A SERIOUS DEBATE

                    ON THE PROS AND CONS OF FUSION VOTING, BUT THAT DEBATE BELONGS HERE IN

                    THIS CHAMBER, NOT IN SECRET BEHIND CLOSED DOORS IN A COMMISSION

                    FORMAT.  MUCH HAS BEEN WRITTEN AND SAID ABOUT A TAX ON DEMOCRACY AT

                    THE FEDERAL LEVEL.  SOME OF THAT HAS BEEN GOING ON RIGHT HERE UNDER OUR

                    NOSES.  MORE AND MORE POWER IS BEING CONSOLIDATED IN THE HANDS OF THE

                    GOVERNOR.  THAT HAPPENS WHEN WE ALLOW POLICY TO BE INSERTED

                    UNCONSTITUTIONALLY IN THE BUDGET AT THE VERY LAST MINUTE, WITHOUT BEING

                    FULLY VETTED.

                                 I CAME TO THIS CHAMBER BECAUSE I BELIEVE IN

                    DEMOCRACY.  FOR THAT REASON, I CANNOT ABIDE THIS BILL.  I VOTE IN THE

                    NEGATIVE.

                                 ACTING SPEAKER AUBRY:  MR. STECK IN THE

                    NEGATIVE.

                                 MR. PALMESANO.

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

                    JUST FOR -- JUST TO LET MY COLLEAGUES KNOW, INITIALLY I WAS GOING TO GO

                                         473



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    FOR ANOTHER 15 MINUTES, BUT I KNEW --

                                 (LAUGHTER)

                                 -- I KNEW IF I SPOKE AS FAST AS I DID AT THE ONE-HOUSE

                    BUDGET I COULD GET ALL I WANTED DONE IN TWO MINUTES THERE FOR SURE.  I

                    DON'T NEED TO BELABOR THE POINT ON THE STAR CONCERNS WE HAVE OR AIM

                    OR THE -- OR TAXPAYER-FUNDED CAMPAIGNS OR THE HOLLYWOOD FILM TAX

                    CREDIT.  BUT JUST THE POINT I JUST WANT TO REITERATE ONE LAST TIME, IF I

                    COULD, IS ON A LOCAL -- LOCAL MATTERS, FOR SOME OF YOUR SCHOOL DISTRICTS,

                    SOME OF OURS, YOU KNOW, THOSE SCHOOL DISTRICTS THAT HAVE PENALTIES THAT

                    ARE COMING TO THEM, LET'S PLEASE PUT TOGETHER AN OMNIBUS BILL THAT WILL

                    FORGIVE THAT -- THOSE PENALTIES.  SEND THEM UP TO THE GOVERNOR --  LET'S

                    PASS THEM, SEND THEM UP TO THE GOVERNOR, LET HIM USE HIS CONSTITUTIONAL

                    AUTHORITY TO VETO IT, WHICH HE WILL, BUT THEN LET'S USE OUR CONSTITUTIONAL

                    AUTHORITY TO OVERRIDE THAT VETO.  AND I'D ALSO JUST LIKE TO POINT OUT AGAIN

                    ON THOSE FOUR MORTGAGE -- FOUR COUNTIES THAT LOST MORTGAGE RECORDING

                    TAX REVENUE BECAUSE OF THE DELAYS WE DID IN PASSING THAT LEGISLATION

                    AND NOT DOING IT RIGHT AND PASSING IT LATE, I KNOW THERE IS NO INTENTIONAL

                    HARM, I DON'T THINK THERE WAS EVER A DELIBERATE INTENTION TO HURT THOSE

                    COUNTIES, BUT BECAUSE OF OUR INACTION, IT DID.  I JUST HOPE WE COULD FIND

                    A WAY TO FIND THAT $790,000, WHETHER IT'S THROUGH LEGISLATION -- AGAIN, IF

                    THE GOVERNOR WANTS TO VETO IT, OVERRIDE IT OR FIND OTHER POTS OF MONEY

                    TO MAKE THIS RIGHT, LET'S RIGHT THIS WRONG.

                                 SO, GIVEN SOME OF THE CONCERNS I HAVE AND HAVE BEEN

                    RAISED, I'M GOING TO BE VOTING IN THE OPPOSITION ON THIS BILL.  THANK YOU

                    SO MUCH, MR. SPEAKER.

                                         474



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 ACTING SPEAKER AUBRY:  MR. PALMESANO IN THE

                    NEGATIVE.

                                 MS. SIMON.

                                 MS. SIMON:  THANK YOU, MR. SPEAKER.  TO EXPLAIN

                    MY VOTE.  THIS IS THE BIG UGLY, AND IT IS BIG.  AND IT IS IN GOOD WAYS

                    AND BAD WAYS.  AND SOME OF THOSE BAD THINGS ARE PRETTY UGLY.  I HATE,

                    IN PARTICULAR, THAT WE HAVE NOT FULLY FUNDED FOUNDATION AID, OR CLOSED

                    THE TAP GAP OR FUND DISABILITY SERVICES FOR SUNY AND CUNY

                    STUDENTS.  I HATE THAT WE ARE SETTING UP A PUBLIC FINANCING COMMISSION.

                    BUT TO ADVOCATES -- ADVOCATES WHOSE PASSION FOR PUBLIC FINANCING I

                    SHARE, WE HAVE NO BILL TO PASS.  WE HAVE NO SEPARATE CAMPAIGN FUNDING

                    BILL.  THE EXECUTIVE'S PROPOSAL WAS NOT A BILL THAT WAS -- COULD WORK.

                    AND SO, THE COMMISSION WILL GIVE US TIME TO STUDY MODELS AND FASHION

                    A PLAN THAT WILL WORK FOR NEW YORK STATE.

                                 AND THE GOOD IN THIS BILL IS TRULY TRANSFORMATIONAL.

                    OUR CRIMINAL JUSTICE SYSTEM WILL FINALLY BE TAKEN OUT OF KAFKA BY

                    REFORMING BAIL, DISCOVERY AND SPEEDY TRIAL.  AND WE WILL FUND THE

                    MTA THROUGH CONGESTION PRICING AND PROVIDE A SUSTAINABLE REVENUE

                    SOURCE FOR THE MTA.  AND WE HAVE NEEDED REFORMS TO MAYORAL

                    GOVERNANCE AND TO HOME -- THE HOME STABILITY SUPPORT PROGRAM.

                                 MY FIRST YEAR I HAD TO VOTE FOR A BUDGET THAT WAS VERY,

                    VERY DIFFICULT FOR ME.  AND A FRIEND AND MENTOR OF MINE, FORMER

                    ASSEMBLYMEMBER JIM BRENNAN, SAID TO ME, JO ANNE, WHEN PUSH

                    COMES TO SHOVE, THE FIRST DUTY OF A LEGISLATOR IS TO PASS A BUDGET.

                                 AND SO, I WILL BE VOTING FOR THIS BUDGET BILL.  THANK

                                         475



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    YOU.

                                 ACTING SPEAKER AUBRY:  MS. SIMON IN THE

                    AFFIRMATIVE.

                                 MR. THIELE.

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

                    MY VOTE.  I'M GOING TO BE VOTING IN FAVOR OF THIS BILL.  AS HAS BEEN

                    STATED BY MANY OF MY COLLEAGUES, THERE'S MUCH IN THIS LEGISLATION TO

                    COMMEND IT, BUT I DO HAVE TO POINT OUT THAT MY VOTE TODAY SHOULD NOT

                    BE MISCONSTRUED AS SUPPORTING ALL OF THIS BILL.  IT'S NOT CALLED THE BIG

                    UGLY FOR NOTHING.  AND THE PROVISIONS THAT RELATE TO THE COMMISSION ON

                    PUBLIC FINANCING ARE SOMETHING THAT I FIND ABHORRENT.  I SUPPORT PUBLIC

                    FINANCING OF CAMPAIGNS, BUT I CANNOT SUPPORT THIS COMMISSION.  THE

                    MEMBERS OF THIS HOUSE HAVE HAD A LOT OF EXPERIENCE WITH COMMISSIONS

                    THAT LOOK JUST LIKE THIS.  AND TO QUOTE MARK TWAIN, "THERE IS NO

                    EDUCATION IN THE SECOND KICK OF A MULE."  I DON'T KNOW WHY WE

                    CONTINUE TO SUBJECT OURSELVES TO THESE COMMISSIONS.  AND IT IS MY

                    OPINION THAT THIS COMMISSION IS UNCONSTITUTIONAL.  WE ARE DELEGATING

                    AWAY OUR LEGISLATIVE AUTHORITY.  I BELIEVE IT IS UNCONSTITUTIONAL.  WE

                    HAVE GIVEN THEM NO STANDARDS, NO GUIDANCE.  NOTHING BY WHICH ANYONE

                    COULD SEE WHAT OUR INTENT IS WITH REGARD TO PUBLIC FINANCING.  I HOPE

                    THAT SOMEWHERE ALONG THE LINE THIS COMMISSION IS STRUCK DOWN,

                    BECAUSE I THINK IT IS SOMETHING THAT SIMPLY CANNOT STAND.  BUT OVERALL,

                    WHAT IS IN THIS -- THIS BILL AND WHAT IS IN THIS BUDGET IS GOOD.  AND AS

                    MY -- MY -- THE PREVIOUS SPEAKER SAID, OUR FIRST DUTY IS TO PASS A

                    BUDGET.

                                         476



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 I AM PROUD TO BE PART OF PASSING THAT BUDGET, AND I

                    VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. THIELE IN THE

                    AFFIRMATIVE.

                                 MR. RODRIGUEZ.

                                 MR. RODRIGUEZ:  THANK YOU, TO EXPLAIN MY VOTE.

                    I REPRESENT A LOW-INCOME DISTRICT THAT IS HEAVILY RELIANT ON PUBLIC

                    TRANSPORTATION AND MASS TRANSIT.  THE MTA IS CLEARLY IN CRISIS.  I

                    INTRODUCED LEGISLATION THREE YEARS AGO TO TALK ABOUT HOW WE BUILD A

                    SUSTAINABLE SOURCE OF FUNDING.  THAT WAS CALLED MOVE NY WHERE WE

                    LOOK TO ACTUALLY FIGURE OUT WAYS TO HELP SUPPORT THE SYSTEM.  IN THOSE

                    THREE YEARS, WE HAVE SEEN THE TRANSIT SYSTEM GET WORSE.  LAST YEAR THE --

                    THE SYSTEM ALMOST SLOWED TO A CRAWL REQUIRING A MAJOR INFUSION OF

                    CAPITAL THAT WE HAVE TO PAY FOR NOW, FORGETTING ABOUT THE COMMITMENTS

                    THAT WE HAVE TO OUR -- TO OUR NEXT GENERATION TO HAVE A WORLD-CLASS

                    TRANSPORTATION SYSTEM SO THAT NOT JUST MY RESIDENTS, BUT ALL THE RESIDENTS

                    OF THE STATE CAN GET TO WORK, CAN GET TO THEIR APPOINTMENTS, AND TO LEAD

                    THE LIVES THAT ARE NECESSARY FOR NEW YORK TO BE SUCCESSFUL.  IN ORDER TO

                    DO THAT, WE HAVE A PLAN HERE THAT PUTS TOGETHER CHANGING THE WAY THAT

                    WE THINK ABOUT TRANSIT.  IT IS NO LONGER MANHATTAN-CENTRIC.  WE ARE

                    LOOKING TO ADDRESS SPECIFICALLY THE TRANSIT DESERTS FIRST.  ALSO MAKING

                    SURE THAT WE FIX THE MISTAKES OF THE PAST AND MAKE SURE THAT WE CAN

                    BUILD THINGS ON TIME WITH THE REFORMS THAT ARE NECESSARY.  WE CAN'T SEE

                    A CRISIS AND THEN NOT ACT.  WE CAN'T SAY THAT WE NEED MONEY TO FIX

                    THINGS AND TAKE NO ACTION, BECAUSE IT'S NOT ENOUGH.  WE ARE RAISING

                                         477



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    ALMOST $28 BILLION, $2 BILLION TO BEGIN TO ADDRESS THE ISSUES THAT EXIST

                    IN OUR MASS TRANSIT SYSTEM TODAY, AS WELL AS IMPROVE CONNECTIVITY TO

                    BOTH LONG ISLAND RAILROAD AND MTA AS PART OF THIS PLAN --

                    METRO-NORTH.  THIS IS A PLAN THAT ADDRESSES ALL OF THOSE THINGS, PUTS IN

                    LOCKBOXES AND PROTECTIONS TO MAKE SURE THAT WE BUILD A BETTER SYSTEM

                    MOVING FORWARD FOR THE NEXT GENERATION.  BUT TO DO NOTHING WILL ONLY

                    ENSURE THAT WE'RE CREATING A SYSTEM THAT WILL FAIL AND CONTINUE TO

                    DECLINE.  THAT'S NOT WHAT NEW YORKERS DESERVE.

                                 SO, AS A RESULT, I WILL BE VOTING IN THE AFFIRMATIVE AND

                    ENCOURAGE MY COLLEAGUES DO THE SAME.

                                 ACTING SPEAKER AUBRY:  MR. RODRIGUEZ IN THE

                    AFFIRMATIVE.

                                 MR. ORTIZ.

                                 MR. ORTIZ:  THANK YOU, MR. SPEAKER, FOR ALLOWING

                    ME TO EXPLAIN MY VOTE.  I'VE BEEN HERE FOR A LITTLE WHILE, AND I HAVE

                    BEEN FACED WITH SO MANY OF THESE BIG UGLIES AND UGLIES AND UGLY, BUT

                    I HAVE NEVER SEEN AN UGLY LIKE THIS.  BUT LET ME JUST -- LET ME JUST SAY

                    THAT THERE'S A LOT OF GREAT STUFF THAT IN THIS PARTICULAR BILL.  YOU KNOW, IT

                    WAS MENTIONED BEFORE, THE CRIMINAL JUSTICE REFORM.  THAT'S A -- A STEP

                    FORWARD FOR WHAT WE HAVE SEEN MANY YEARS SINCE I'VE BEEN HERE.  THE

                    CONGESTION PRICING.  WHEN YOU LOOK AT MY DISTRICT, I HAVE THE R TRAIN

                    THAT COMES FROM QUEENS ALL THE WAY DOWN TO BAY RIDGE, PASSING PARK

                    SLOPE AND SUNSET PARK.  EVERY TIME THAT YOU TRYING TO TAKE THE R TRAIN

                    TO GET TO ANY DESIGNATION, IT'S DOWN, IT'S DELAYED.  PEOPLE GET TO WORK

                    LATE.  THEREFORE, THE CONGESTION PRICING HOPEFULLY WILL HELP NOT JUST TO

                                         478



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    STRENGTHEN THE R TRAIN, BUT TO STRENGTHEN OUR MTA TRANSPORTATION

                    THROUGH ALL THE CITY OF NEW YORK.  FURTHERMORE, I DO HAVE RED HOOK.

                    RED HOOK IS A PARTICULAR PIECE OF MY DISTRICT THAT HAD NO MODE OF

                    TRANSPORTATION; ONLY TWO BUSES.  SO, THEREFORE, I HOPE THAT WILL BE

                    ACCOUNTED TO MAKE SURE THAT WE CAN HAVE SOME KIND OF BETTER

                    TRANSPORTATION TO THE PEOPLE OF RED HOOK TO TRANSPORT BACK AND FORTH TO

                    THEIR DESTINATION.

                                 YES, IT IS A LOT OF STUFF HERE THAT WE DON'T LIKE, AND IT'S

                    A LOT OF STUFF THAT WE MIGHT LIKE.  AND I WOULD LIKE TO SEE MORE SOCIAL

                    WORKERS IN EVERY SCHOOL IN OUR -- IN THE STATE OF NEW YORK.  WHY?

                    BECAUSE WE HAVE A VERY -- A CRISIS OF SUICIDAL.  WE HAVE A CRISIS, WE

                    HAVE AN EPIDEMIC OF MENTAL HEALTH IN OUR SCHOOLS.  WE NEED MORE

                    GUIDANCE COUNSELORS IN OUR SCHOOLS, FROM PRE-K KINDERGARTEN, ALL THE

                    WAY THROUGH COLLEGE.  WE DID NEED MORE MONEY FOR THAT.  BUT WE ARE --

                    ONLY HAVE WHAT WE HAVE.  THE COMMISSION IS COMPLETELY SOMETHING

                    THAT I CALL "THE HOSTAGE," AND THEY'RE HANDCUFFED TO EVERY SINGLE ONE OF

                    US.  I THINK THE COMMISSION IS SOMETHING THAT WE GIVING TO SOMEONE

                    ELSE TO CONTROL WHAT WE NEED TO DO HERE IN THIS BODY.

                                 BUT, THEREFORE, MR. SPEAKER, THE POINT OF THE MATTER IS

                    THAT WE HAVE TO TAKE A CHANCE TO VOTE ON A BUDGET, AND THIS BUDGET IS

                    VERY IMPORTANT FOR THE PEOPLE IN MY DISTRICT AND I WILL BE VOTING IN THE

                    AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. ORTIZ IN THE

                    AFFIRMATIVE.

                                 MS. WALKER.

                                         479



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MS. WALKER:  THANK YOU, MR. SPEAKER, FOR

                    ALLOWING ME THE OPPORTUNITY TO EXPLAIN MY VOTE.  I WANT TO SAY REALLY

                    JUST HOW HONORED I WAS TO BE ABLE TO HAVE THE FAITH AND THE CONFIDENCE

                    OF OUR CONFERENCE AND, OF COURSE, OF OUR SPEAKER, BY WHICH TO

                    PARTICIPATE IN THIS YEAR'S BUDGET CONVERSATIONS.  IT WAS A LOT OF FUN, IT

                    WAS MY HONOR.  I'M A LITTLE GIRL THAT GREW UP IN THE PROJECTS IN

                    BROWNSVILLE.  AND MOST OF THE PEOPLE WHO RESIDE WITHIN OUR CRIMINAL

                    JUSTICE SYSTEM, THEY'RE FROM A FEW ZIP CODES WITHIN OUR STATE.  AND

                    THESE BILLION-DOLLAR BLOCKS.  AND I THINK THAT THIS IS MY MOMENT, MY

                    HARRIET TUBMAN MOMENT, IF YOU WILL, BECAUSE WE KNOW THAT THE

                    THIRTEENTH AMENDMENT SAYS THAT SLAVERY IS ABOLISHED EXCEPT IN THE

                    CASE OF CRIMINAL PUNISHMENT.  OR THE EIGHTH AMENDMENT, WHICH SAYS

                    THAT BAIL SHOULD NOT BE UTILIZED AS PUNISHMENT FOR A CRIME.  AND WE HAD

                    OUR PART TODAY TO HAVE OUR LEGACY MOMENT TO BE ABLE TO DO SOMETHING

                    ON BEHALF OF 84 PERCENT OF NEW YORKERS WHO ARE RESIDING WITHIN OUR

                    CRIMINAL JUSTICE SYSTEM WHO HAVE NOT BEEN CONVICTED OF A CRIME, AND

                    FOR THAT I AM IMMENSELY PROUD.

                                 AND IT IS FOR THAT REASON I AM PROUD TO CAST MY VOTE IN

                    THE AFFIRMATIVE, BECAUSE I RECOGNIZED THAT OUR CRIMINAL JUSTICE SYSTEM

                    AND THE LAWS THEREIN HAVE NOT BEEN CHANGED IN 55 YEARS.  BUT TODAY

                    WE'VE HAD THIS OPPORTUNITY, AND I PROUDLY PARTICIPATE IN IT AND I PROUDLY

                    VOTE IN THE AFFIRMATIVE.  THANK YOU VERY MUCH, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MS. WALKER IN THE

                    AFFIRMATIVE.

                                 MS. HYNDMAN.

                                         480



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MS. HYNDMAN:  THANK YOU, MR. SPEAKER, FOR

                    ALLOWING ME TO EXPLAIN MY VOTE.  WHILE I AM THOROUGHLY DISAPPOINTED

                    IN THE MONIES THAT WE HAVE PUT INTO FOUNDATION AID AND CUNY AND

                    SUNY, I AM STILL COMMITTED TO THIS -- TO THIS BODY AND TO THE PEOPLE OF

                    NEW YORK.  AND I THANK THE SPEAKER FOR HIS STEADFASTNESS IN MAKING

                    SURE THAT WHEN IT COMES TO CONGESTION PRICING, THAT WORKING WITH THE

                    OUTER BOROUGH TO MAKE SURE WE GET THOSE COMMITMENTS DONE WHICH IS

                    VERY HARD BECAUSE WE KNOW IN QUEENS, ESPECIALLY WHEN YOU LIVE IN

                    SOUTHEAST QUEENS, YOU HAVE TO TAKE A BUS TO -- TO A TRAIN, OR YOU CAN GET

                    ON THE LONG ISLAND RAILROAD.  SO I THANK THE SPEAKER FOR DOING THAT.

                    BUT I ALSO WANT TO THANK MY COLLEAGUES FOR LEADING THIS OUT OF

                    MISDEMEANOR LAND AND WORKING TOWARDS A NEW DAY OF REDUCING CASH

                    BAIL, UPDATING OUR DISCOVERY LAWS AND SPEEDY TRIAL, BECAUSE I -- I DON'T

                    WANT MY COLLEAGUES TO WORRY ABOUT DOUBLE-BUNKING WHEN IT COMES TO

                    THEIR FACILITIES AS WE REDUCE THE POPULATIONS THAT ARE GOING INTO OUR

                    CRIMINAL JUSTICE SYSTEM.

                                 WITH THAT, I WITHDRAW MY REQUEST AND VOTE IN THE

                    AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MS. HYNDMAN IN THE

                    AFFIRMATIVE.

                                 MS. FAHY.

                                 MS. FAHY:  THANK YOU, MR. SPEAKER.  I RISE TO

                    EXPLAIN MY VOTE, AND I WANT TO SHARE THE SENTIMENTS OF A NUMBER OF MY

                    COLLEAGUES IN TALKING ABOUT WHAT A -- A SERIES OF TRADE-OFFS THIS BILL IS,

                    AND THAT IN THE END IT TRULY IS A COMPROMISE.  BUT I WILL BE SUPPORTING

                                         481



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    IT, BECAUSE IN THE END A NUMBER OF THE GOOD THINGS IN THIS BUDGET

                    OUTWEIGH -- IN THIS BILL OUTWEIGH SOME OF THE -- THE NEGATIVE.  AND THAT

                    INCLUDES -- WHILE EDUCATION DIDN'T GO AS FAR -- INCLUDING HIGHER

                    EDUCATION -- DIDN'T GO AS FAR AS WE'D LIKE, IT IS THERE AND WE ARE MOVING

                    FORWARD.  WATER INFRASTRUCTURE, WE'VE MADE ANOTHER MASSIVE

                    INVESTMENT IN MAKING SURE WE HAVE OUR CLEAN WATER AND IMPROVING THAT

                    INFRASTRUCTURE AS WELL AS OUR ROADS AND BRIDGES, AND THE UPSTATE TRANSIT

                    IS MAKING SOME SERIOUS GAINS.  WE ARE RESTORING THE AIM FUNDING, AS

                    WELL AS ALBANY'S -- FILLING ALBANY'S STRUCTURAL DEFICIT WITH THE $12

                    MILLION.  AND THEN THE CRIMINAL JUSTICE REFORM THAT HAS BEEN MENTIONED

                    SO MUCH TONIGHT, WE ARE MAKING A SERIOUS STEP FORWARD WHERE YOUR

                    WALLET WON'T DICTATE THE LEVEL OF JUSTICE YOU RECEIVE WITH THE

                    OVERRELIANCE ON BAIL.  THAT SAID, THERE WERE A NUMBER OF TRADE-OFFS,

                    INCLUDING, FOR ME, THE OPIOID TAX, ALTHOUGH I'M SUPPORTING THE VAPING

                    TAX.  PRE-K TRANSPORTATION, I HOPE WE WILL TAKE IT UP IN FUTURE YEARS.

                    AND THEN I, TOO, SHARE A WHOLE HOST OF THE CONCERNS REGARDING THE

                    BINDING COMMISSION ON CAMPAIGN FINANCE REFORM, AND I WORRY THAT

                    WE HAVE ABDICATED SOME OF OUR RESPONSIBILITIES AS A LEGISLATURE.

                                 FINALLY, I THINK WE HAVE KEPT IN CHECK THE GROWTH OF

                    OUR BUDGET, AND AGAIN, I COMMEND THE SPEAKER, THE -- THE CHAIR AND A

                    WHOLE HOST OF OTHERS IN MOVING US FORWARD ON WHAT IS TRULY A VERY

                    DIFFICULT BUDGET YEAR, KNOWING THAT SOME OF THE MOST -- THE MOST

                    DIFFICULT NEWS THIS YEAR WAS THE $2.6 BILLION SHORTFALL THAT REALLY CAST

                    APPALL OVER THE ENTIRE BUDGET.

                                 WITH THAT, AGAIN, I SUPPORT THIS BUDGET.  THANK YOU,

                                         482



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MS. FAHY IN THE

                    AFFIRMATIVE.

                                 MS. LINDA ROSENTHAL.

                                 MS. ROSENTHAL:  THANK YOU, MR. SPEAKER, FOR

                    ALLOWING ME TO EXPLAIN MY VOTE.  THERE'S A LOT OF GOOD IN THIS BUDGET

                    AND THERE'S A LOT OF BAD.  I'M NOT GOING TO GO OVER WHAT MY COLLEAGUES

                    HAVE -- HAVE SAID, BUT THERE ARE TWO ITEMS IN HERE THAT ARE NOT GREAT.

                    THE COMMISSION TO RESEARCH AND RECOMMEND SOMETHING PERHAPS ABOUT

                    PUBLIC FINANCING, OR PERHAPS NOT.  THIS IS SOMETHING THAT THE

                    LEGISLATURE SHOULD DO.  WE SHOULD NOT BE OFF-LOADING IT ON A

                    COMMISSION.  WE DIDN'T HAVE A CHOICE IN THIS MATTER, IT APPEARS.  BUT I

                    THINK IT'S SOMETHING THAT IS OUR RESPONSIBILITY TO TACKLE.  ANOTHER

                    PARTICULARLY ODIOUS PART OF THIS BUDGET IS THE OPIOID TAX.  LAST YEAR THERE

                    WAS A TAX IN THE BUDGET THAT WAS SEEN AS A PUNISHMENT ON

                    PHARMACEUTICAL COMPANIES AND A WAY TO RAISE MONEY FOR THE OPIOID

                    OVERDOSE CRISIS.  THIS YEAR THERE IS A TAX THAT IS NOT ON THE

                    PHARMACEUTICAL COMPANIES, WHICH ARE LAUGHING ALL THE WAY TO THE BANK,

                    BUT INSTEAD, IT'S A TAX THAT WILL BE PASSED ON TO PHARMACISTS, TO

                    CONSUMERS, TO PATIENTS WHO NEED CERTAIN DRUGS IN ORDER TO MAKE IT

                    THROUGH THE DAY, AND PEOPLE WHO HAVE BEEN HOOKED ON OPIOIDS FOR

                    VARIOUS REASONS.  IT IS -- IT IS IMMORAL TO TAX THOSE PATIENTS.  THERE ARE

                    NO SAFEGUARDS TO ENSURE THAT IT CANNOT BE LEVIED ON PATIENTS, EVEN

                    THOUGH SOME SPOKESPEOPLE HAVE SAID IT WOULDN'T BE.  THE PEOPLE ARE

                    NOT PART OF THE PROBLEM.  NEW YORK SHOULD NOT BALANCE THE OPIOID

                                         483



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    BUDGET ON THEIR BACKS.  IN ADDITION, THE $100 MILLION WILL NOT BE AN

                    ADDITIONAL $100 MILLION FOR OPIOID PREVENTION, EDUCATION AND

                    TREATMENT.  IT WILL SUPPLANT $100 MILLION THAT IS DEDICATED TO THAT

                    BUDGET.

                                 SO, ALL IN ALL, IT'S A BAD TAX.  I VOTE IN THE AFFIRMATIVE,

                    HOWEVER, BECAUSE OF THE BETTER THINGS IN THE BUDGET.

                                 ACTING SPEAKER AUBRY:  MS. ROSENTHAL IN THE

                    AFFIRMATIVE.

                                 MR. KIM.

                                 MR. KIM:  THANK YOU, MR. SPEAKER.  I'M SUPPORTING

                    THIS BUDGET BILL BECAUSE WHEN IT COMES TO SOCIAL AND RACIAL JUSTICE,

                    WE'RE MAKING PROGRESS BY PROVIDING MEANINGFUL CRIMINAL JUSTICE

                    REFORM.  AND THAT DIDN'T HAPPEN OVERNIGHT.  IT TOOK YEARS OF EFFORT BY

                    MY COLLEAGUES HERE, AND I'VE SEEN THEM WORK TIRELESSLY TO GET US HERE.

                    BUT WHEN IT COMES TO ECONOMIC JUSTICE, I AM NOT CERTAIN IF WE'RE

                    MAKING ANY PROGRESS.  YOU KNOW, WHEN I FOUGHT AGAINST THE AMAZON

                    DEAL LAST YEAR AGAINST THE GOVERNOR, INSTEAD OF LISTENING, INSTEAD OF

                    COMING TO THE COMMUNITY AND LISTENING TO THE CONCERNS OF ADVOCATES

                    AND GRASSROOTS ORGANIZATIONS, HE STARTED PITTING GROUPS AGAINST EACH

                    OTHER; BLAMING, VILIFYING, DEMONIZING ELECTED OFFICIALS.  AND INSTEAD OF

                    COLLABORATING, IT'S SO CLEAR THAT ALL HE CARES ABOUT IS CONSOLIDATING HIS

                    POWERS.  IT'S EVIDENT IN THIS BILL BY STRIPPING AWAY THE ONE PLACE OF

                    PUSHBACK THAT WE HAVE AS A LEGISLATIVE BODY IN THE PACF BOARD.  AND

                    IT'S ABUNDANTLY CLEAR THAT WE NEED TO DO A LOT MORE IN PUSHING BACK

                    AGAINST THE GOVERNOR.  AND I KNOW THAT NOW WE ARE 150 PERCENT SURE

                                         484



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    OF THE KIND OF EXECUTIVE LEADERSHIP WE HAVE, WE KNOW WHAT WE HAVE TO

                    DO TO ACHIEVE ECONOMIC JUSTICE.  WE NEED TO HOLD EVERY DOLLAR

                    ACCOUNTABLE.  WE CANNOT LET THIS PERSON CONSOLIDATE HIS POWERS AND CUT

                    THESE MEGA DEALS BEHIND OUR BACKS.  I FOUGHT AGAINST AMAZON BECAUSE

                    I DON'T BELIEVE IN SUBSIDIZING THE GROWTH OF THESE MEGA MONOPOLIES

                    THAT ARE FUNDAMENTALLY ABUSIVE AND PREDATORY BY NATURE, AND WE NEED

                    TO DO A LOT MORE AS A LEGISLATIVE BODY, HOLDING HIM ACCOUNTABLE.

                                 THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. KIM IN THE

                    AFFIRMATIVE.

                                 MR. FALL.

                                 MR. FALL:  THANK YOU, MR. SPEAKER, MADAM

                    CHAIRWOMAN AND THE WAYS AND MEANS STAFF FOR ENSURING THAT WE DO

                    HAVE AN ON-TIME BUDGET.  ONE OF THE THINGS I'M EXCITED ABOUT IN THIS

                    BUDGET IS THE FACT THAT THE RESIDENTIAL TOLLS ON STATEN ISLAND WILL REMAIN

                    FROZEN FOR A COUPLE YEARS.  YOU KNOW, WITH CONGESTION PRICING COMING

                    DOWN THE ROAD, IT IS MY EXPECTATION THAT WE WILL HAVE A BUS RAPID

                    TRANSIT FUNDED AND WE ALSO WILL SEE MORE NEW BUSES AND RENOVATED

                    TRAIN STA -- RENOVATED TRAIN STATIONS AS A RESULT OF CONGESTION PRICING.

                    I'M ALSO HAPPY TO SEE FUNDING FOR EARLY VOTING, CRIMINAL JUSTICE REFORM

                    AND A WHOLE BUNCH OF THINGS.  YOU KNOW, I THINK IT WILL MAKE A

                    SIGNIFICANT DIFFERENCE IN OUR STATE, AND THAT IS WHY I WILL BE VOTING IN

                    THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. FALL IN THE

                    AFFIRMATIVE.

                                         485



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MR. SAYEGH.

                                 MR. SAYEGH:  THANK YOU VERY MUCH, MR. SPEAKER.

                    I WANTED TO JUSTIFY MY VOTE IN THE AFFIRMATIVE.  ALTHOUGH THIS IS A

                    DIFFICULT BUDGET, AND VERY OFTEN MANY OF US ARE NOT USED TO VOTING ON

                    BUDGETS WHERE THERE'S SO MANY TOPICS; SOME THAT WE SUPPORT AND SOME

                    THAT WE DON'T SUPPORT.  AND THAT BECOMES A DIFFICULT TASK, WHERE WE

                    HAVE TO LOOK AT OUR RESPONSIBILITY, THE RESPONSIBILITY TO MAKE SURE

                    GOVERNMENT CONTINUES TO FUNCTION, AND MORE IMPORTANT, TO FOCUS ON

                    AND LOOK TO SEE WHETHER THE BENEFITS OUTWEIGH THE NEGATIVES.  AND AS

                    AN ATTORNEY, WHAT HAS TAKEN PLACE TODAY IS HISTORICAL WITH REGARDS TO

                    CRIMINAL JUSTICE REFORM.  AND WITH REGARDS TO EDUCATION, ALTHOUGH WE

                    DID NOT GET THE MONEY THAT WE HAD HOPED TO, I DO APPRECIATE THE FACT

                    THAT THE ASSEMBLY AND THE SENATE DID PROPOSE A $1.2 MILLION BUDGET,

                    AND THAT IN ITSELF -- $1.2 BILLION -- AND THAT IN ITSELF WAS REALLY AN

                    INDICATION OF THE INTENT.  I HOPE TO SEE THIS EFFORT CONTINUE, WHEREAS IN

                    MID-APRIL, IF THERE IS ADDITIONAL TAX REVENUE, THAT WE MAKE A

                    COMMITMENT TO PUT THOSE FUNDS INTO EDUCATION, SUPPORT DISTRICTS LIKE

                    YONKERS AND MANY AROUND THE STATE THAT HAVE BEEN TREATED UNFAIRLY BY

                    THE INEQUITABLE FUNDING FORMULA.  AND I REALLY BELIEVE THAT NEW YORK

                    STATE IS DUE TO A CHANGE IN HOW WE FUND EDUCATION, ESPECIALLY WITH A

                    PERMANENT TAX CAP.  THIS IS THE TIME TO PUT EACH AND EVERY DISTRICT

                    ACROSS THE STATE ON AN EQUAL PLAYING FIELD, AND THEN FROM THAT POINT ON,

                    WE CAN BEGIN TO MONITOR WHAT TAKES PLACE WITH REGARDS TO FUNDING.

                                 SO I REALLY BELIEVE IT'S THE RESPONSIBILITY TO DO THE

                    RIGHT THING, AND TODAY, ALTHOUGH DIFFICULT, WE SUPPORT THIS BUDGET.

                                         486



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. SAYEGH IN THE

                    AFFIRMATIVE.

                                 MS. FRONTUS.

                                 MS. FRONTUS:  THANK YOU, MR. SPEAKER.  YOU

                    CAUGHT ME DOZING OFF.  I RISE TO EXPLAIN MY VOTE.  I'M VOTING IN THE

                    AFFIRMATIVE FOR THIS BILL, BUT I'D LIKE TO SHARE THAT I'M DOING SO VERY,

                    VERY GRUDGINGLY, AND WITH A VERY HEAVY HEART.  YOU KNOW, PUBLIC

                    EDUCATION IS THE CORNERSTONE OF OUR DEMOCRACY.  I JUST DON'T KNOW HOW

                    I CAN LOOK AT MY CONSTITUENTS WHEN I GET HOME, AND WHAT AM I GOING TO

                    SAY WHEN THEY ASK ME ABOUT THE $17 MILLION THAT THE SCHOOLS IN MY

                    DISTRICT ARE OWED.  EVERY TIME WE PASS A BUDGET, WE CONVEY THE VALUES

                    THAT WE BELIEVE IN.  YOU KNOW, I'M A FIRM BELIEVER THAT TALK IS CHEAP.

                    WHEN WE PAY WOMEN LESS, WE'RE SENDING A MESSAGE THAT WOMEN AREN'T

                    IMPORTANT AS MEN.  THAT'S JUST THE BOTTOM LINE.  WHEN WE PASS A BUDGET

                    THAT DOESN'T HAVE ENOUGH MONEY FOR OUR SCHOOLS, IT DOESN'T MATTER THAT

                    WE INTELLECTUALIZE IT AND THAT WE SAY THAT WE COULDN'T FIND THE MONEY.

                    THE BOTTOM LINE IS WE'RE SENDING A MESSAGE.  AND THAT'S VERY HURTFUL TO

                    ME, AS A WOMAN WHO HAS HAD EDUCATION PLAY SUCH A STRONG ROLE IN HER

                    LIFE FROM K THROUGH 12, COLLEGE AND HIGHER EDUCATION.  AND SO FOR US TO

                    COME UP SHORT WITH THE TAP GAP, FOR US TO COME UP SHORT FOR OUR

                    CUNY AND SUNY STUDENTS WHERE WE HAVE STUDENTS SITTING AT A CITY

                    UNIVERSITY WITH THE CEILINGS CRUMBLING, IT'S JUST REALLY DISGRACEFUL.  I

                    REALLY DIDN'T EVEN WANT TO SPEAK, BUT I SAID I HAVE TO SAY SOMETHING.

                    AND I'M JUST VERY, VERY HEAVY-HEARTED AND DISAPPOINTED THAT WE CAME

                                         487



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    UP SHORT FOR FOUNDATION AID, FOR MONEY FOR OUR SCHOOLS.  AND, YOU

                    KNOW, I DON'T WANT TO TAKE AWAY FROM THE FACT THAT WE'RE CELEBRATING

                    OUR VICTORY FOR CRIMINAL JUSTICE, AND I THINK THAT THAT'S IMPORTANT.  BUT

                    TO ME, IT DOESN'T OUTWEIGH WHERE WE CAME UP SHORT.

                                 THANK YOU.

                                 ACTING SPEAKER AUBRY:  MS. FRONTUS IN THE

                    AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, COULD YOU

                    PLEASE CALL THE RULES COMMITTEE IN THE SPEAKER'S CONFERENCE ROOM

                    IMMEDIATELY?

                                 ACTING SPEAKER AUBRY:  RULES COMMITTEE IN

                    THE SPEAKER'S CONFERENCE ROOM IMMEDIATELY.

                                 THE HOUSE WILL STAND AT EASE.

                                 (WHEREUPON, THE HOUSE STOOD AT EASE.)



                    ********

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, WOULD YOU

                    PLEASE CALL THE HOUSE BACK TO ORDER?

                                 ACTING SPEAKER AUBRY:  THE HOUSE WILL COME

                    TO ORDER.

                                 MRS. PEOPLES-STOKES:  THANK YOU.

                                         488



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 ACTING SPEAKER AUBRY:  MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  WE SHOULD TURN OUR

                    ATTENTION NOW TO PAGE 5, RULES REPORT NO. 53.  IT IS A BUDGET BILL, AND

                    THERE ARE SEVERAL AMENDMENTS, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.

                                 THE CLERK:  A02007-C, RULES REPORT NO. 53.

                    BUDGET BILL.  AN ACT INTENTIONALLY OMITTED (PART A); TO AMEND THE

                    PUBLIC HEALTH LAW, IN RELATION TO EXTENDING AND ENHANCING THE

                    MEDICAID DRUG CAP AND TO REDUCE UNNECESSARY PHARMACY BENEFIT

                    MANAGER COSTS TO THE MEDICAID PROGRAM (PART B); TO AMEND THE SOCIAL

                    SERVICES LAW, IN RELATION TO EXTENSION OF THE NATIONAL DIABETES

                    PREVENTION PROGRAM (PART C); 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

                    D); TO AMEND CHAPTER 505 OF THE LAWS OF 1995, AMENDING THE PUBLIC

                    HEALTH LAW RELATING TO THE OPERATION OF DEPARTMENT OF HEALTH

                    FACILITIES, IN RELATION TO EXTENDING THE PROVISIONS THEREOF; TO AMEND

                    CHAPTER 56 OF THE LAWS OF 2013, AMENDING THE SOCIAL SERVICES LAW

                    RELATING TO ELIGIBILITY CONDITIONS, IN RELATION TO EXTENDING THE PROVISIONS

                    THEREOF; TO AMEND CHAPTER 884 OF THE LAWS OF 1990, AMENDING THE

                    PUBLIC HEALTH LAW RELATING TO AUTHORIZING BAD DEBT AND CHARITY CARE

                    ALLOWANCES FOR CERTIFIED HOME HEALTH AGENCIES, IN RELATION TO EXTENDING

                    THE PROVISIONS THEREOF; TO AMEND CHAPTER 303 OF THE LAWS OF 1999,

                    AMENDING THE NEW YORK STATE MEDICAL CARE FACILITIES FINANCE

                                         489



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    AGENCY ACT RELATING TO FINANCING HEALTH FACILITIES, IN RELATION TO THE

                    EFFECTIVENESS THEREOF; TO AMEND CHAPTER 109 OF THE LAWS OF 2010,

                    AMENDING THE SOCIAL SERVICES LAW RELATING TO TRANSPORTATION COSTS, IN

                    RELATION TO THE EFFECTIVENESS THEREOF; TO AMEND CHAPTER 58 OF THE LAWS

                    OF 2009, AMENDING THE PUBLIC HEALTH LAW RELATING TO PAYMENT BY

                    GOVERNMENTAL AGENCIES FOR GENERAL HOSPITAL INPATIENT SERVICES, IN

                    RELATION TO THE EFFECTIVENESS THEREOF; TO AMEND CHAPTER 56 OF THE LAWS

                    OF 2013, AMENDING THE PUBLIC HEALTH LAW RELATING TO THE GENERAL

                    PUBLIC HEALTH WORK PROGRAM, IN RELATION TO THE EFFECTIVENESS THEREOF;

                    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 MEDICAL EXPENDITURES, IN RELATION TO EXTENDING THE

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

                    HOSPITAL ASSESSMENTS; TO AMEND CHAPTER 474 OF THE LAWS OF 1996,

                    AMENDING THE EDUCATION LAW AND OTHER LAWS RELATING TO RATES FOR

                    RESIDENTIAL HEALTH CARE FACILITIES, IN RELATION TO THE EFFECTIVENESS THEREOF;

                    TO AMEND CHAPTER 58 OF THE LAWS OF 2007, 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 2007-2008 STATE FISCAL YEAR, IN

                    RELATION TO DELAY OF CERTAIN ADMINISTRATIVE COSTS; TO AMEND CHAPTER 81

                    OF THE LAWS OF 1995, AMENDING THE PUBLIC HEALTH LAW AND OTHER LAWS

                    RELATING TO MEDICAL REIMBURSEMENT AND WELFARE REFORM, 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

                                         490



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    LAW AND OTHER LAWS RELATING TO GENERAL HOSPITAL REIMBURSEMENT FOR

                    ANNUAL RATES, IN RELATION TO RATES OF PAYMENTS; TO AMEND THE PUBLIC

                    HEALTH LAW, IN RELATION TO REIMBURSEMENT RATE PROMULGATION FOR

                    RESIDENTIAL HEALTH CARE FACILITIES; TO AMEND THE PUBLIC HEALTH LAW, IN

                    RELATION TO RESIDENTIAL HEALTH CARE FACILITY, AND CERTIFIED HOME HEALTH

                    AGENCY SERVICES PAYMENTS; TO AMEND CHAPTER 81 OF THE LAWS OF 1995,

                    AMENDING THE PUBLIC HEALTH LAW AND OTHER LAWS RELATING TO MEDICAL

                    REIMBURSEMENT AND WELFARE REFORM, 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, IN

                    RELATION TO EXTENDING GOVERNMENT RATES FOR BEHAVIORAL SERVICES AND

                    ADDING AN ALTERNATIVE PAYMENT METHODOLOGY REQUIREMENT; TO AMEND

                    CHAPTER 111 OF THE LAWS OF 2010 RELATING TO INCREASING MEDICAID

                    PAYMENTS TO PROVIDERS THROUGH MANAGED CARE ORGANIZATIONS AND

                    PROVIDING EQUIVALENT FEES THROUGH AN AMBULATORY PATIENT GROUP

                    METHODOLOGY, IN RELATION TO EXTENDING GOVERNMENT RATES FOR BEHAVIORAL

                    SERVICES AND ADDING AN ALTERNATIVE PAYMENT METHODOLOGY REQUIREMENT;

                    TO AMEND SECTION 2 OF PART H OF CHAPTER 111 OF THE LAWS OF 2010,

                    RELATING TO INCREASING MEDICAID PAYMENTS TO PROVIDERS THROUGH

                    MANAGED CARE ORGANIZATIONS AND PROVIDING EQUIVALENT FEES THROUGH AN

                    AMBULATORY PATIENT GROUP METHODOLOGY, IN RELATION TO TRANSFER OF FUNDS

                    AND THE EFFECTIVENESS THEREOF; AND TO AMEND CHAPTER 649 OF THE LAWS

                    OF 1996, AMENDING THE PUBLIC HEALTH LAW, THE MENTAL HYGIENE LAW

                    AND THE SOCIAL SERVICES LAW RELATING TO AUTHORIZING THE ESTABLISHMENT

                                         491



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    OF SPECIAL NEEDS PLANS, IN RELATION TO THE EFFECTIVENESS THEREOF (PART E);

                    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 F); TO AMEND THE SOCIAL SERVICES LAW, IN

                    RELATION TO FISCAL INTERMEDIARY SERVICES FOR THE CONSUMER DIRECTED

                    PERSONAL ASSISTANCE PROGRAM; TO AMEND THE PUBLIC HEALTH LAW, IN

                    RELATION TO PAYMENTS TO HOME CARE AIDES; TO ESTABLISH A RESIDENTIAL

                    HEALTH CARE FACILITIES CASE MIX ADJUSTMENT WORKGROUP; AND TO REPEAL

                    CERTAIN PROVISIONS OF THE SOCIAL SERVICES LAW RELATING THERETO (PART G);

                    TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO WAIVER OF CERTAIN

                    REGULATIONS; TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO CERTAIN

                    RATES AND PAYMENT METHODOLOGIES; AND TO REPEAL CERTAIN PROVISIONS OF

                    SUCH LAW RELATING THERETO (PART H); INTENTIONALLY OMITTED (PART I); TO

                    AMEND THE INSURANCE LAW AND THE PUBLIC HEALTH LAW, IN RELATION TO

                    GUARANTEED AVAILABILITY AND PRE-EXISTING CONDITIONS; AND TO REPEAL

                                         492



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    CERTAIN PROVISIONS OF THE INSURANCE LAW RELATING THERETO (SUBPART A);

                    TO AMEND THE INSURANCE LAW, IN RELATION TO ACTUARIAL VALUE

                    REQUIREMENTS AND ESSENTIAL HEALTH BENEFITS (SUBPART B); TO AMEND THE

                    INSURANCE LAW, IN RELATION TO PRESCRIPTION DRUG COVERAGE (SUBPART C);

                    AND TO AMEND THE INSURANCE LAW, IN RELATION TO DISCRIMINATION BASED

                    ON SEX AND GENDER IDENTITY (SUBPART D) (PART J); TO AMEND THE PUBLIC

                    HEALTH LAW, IN RELATION TO THE MEDICAL INDEMNITY FUND; TO AMEND

                    CHAPTER 517 OF THE LAWS OF 2016 AMENDING THE PUBLIC HEALTH LAW

                    RELATING TO PAYMENTS FROM THE NEW YORK STATE MEDICAL INDEMNITY

                    FUND, IN RELATION TO THE EFFECTIVENESS THEREOF; AND TO AMEND THE STATE

                    FINANCE LAW, IN RELATION TO THE NEW YORK STATE MEDICAL INDEMNITY

                    FUND ACCOUNT (PART K); TO AMEND THE INSURANCE LAW, IN RELATION TO

                    IN-VITRO FERTILIZATION (PART L); TO AMEND THE INSURANCE LAW, IN RELATION

                    TO REQUIRING MEDICAL, MAJOR MEDICAL, OR SIMILAR COMPREHENSIVE TYPE

                    COVERAGE HEALTH INSURANCE POLICIES TO INCLUDE CERTAIN REPRODUCTIVE

                    HEALTH COVERAGE; AND CLARIFYING THE DEFINITION OF VOLUNTARY STERILIZATION

                    PROCEDURES AND OVER-THE-COUNTER CONTRACEPTIVE PRODUCTS (PART M);

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

                    RELATION TO THE GENERAL PUBLIC HEALTH WORK PROGRAM (PART O); TO

                    AMEND THE PUBLIC HEALTH LAW, IN RELATION TO LEAD LEVELS IN RESIDENTIAL

                    RENTAL PROPERTIES (PART P); TO AMEND THE PUBLIC HEALTH LAW, IN RELATION

                    TO THE HEALTHCARE FACILITY TRANSFORMATION PROGRAM STATE III

                    AUTHORIZING ADDITIONAL AWARDS FOR STATEWIDE II APPLICATIONS (PART Q);

                    INTENTIONALLY OMITTED (PART R); INTENTIONALLY OMITTED (PART S); TO AMEND

                    THE PUBLIC HEALTH LAW, IN RELATION TO CODIFYING THE CREATION OF NY

                                         493



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    STATE OF HEALTH, THE OFFICIAL HEALTH PLAN MARKETPLACE WITHIN THE

                    DEPARTMENT OF HEALTH (PART T); TO AMEND THE ELDER LAW, IN RELATION TO

                    THE PRIVATE PAY PROGRAM (PART U); TO AMEND THE SOCIAL SERVICES LAW,

                    IN RELATION TO COMPLIANCE OF MANAGED CARE ORGANIZATIONS AND PROVIDERS

                    PARTICIPATING IN THE MEDICAID PROGRAM (PART V); TO AMEND PART D OF

                    CHAPTER 111 OF THE LAWS OF 2010 RELATING TO THE RECOVERY OF EXEMPT

                    INCOME BY THE OFFICE OF MENTAL HEALTH FOR COMMUNITY RESIDENCES AND

                    FAMILY-BASED TREATMENT PROGRAMS, IN RELATION TO THE EFFECTIVENESS

                    THEREOF (PART W); INTENTIONALLY OMITTED (PART X); 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 Y); TO AMEND THE PUBLIC HEALTH LAW AND THE MENTAL HYGIENE

                    LAW, IN RELATION TO INTEGRATED SERVICES (PART Z); INTENTIONALLY OMITTED

                    (PART AA); TO AMEND THE INSURANCE LAW, IN RELATION TO MENTAL HEALTH

                    AND SUBSTANCE USE DISORDER HEALTH INSURANCE PARITY; TO AMEND THE

                    PUBLIC HEALTH LAW, IN RELATION TO HEALTH MAINTENANCE ORGANIZATIONS;

                    AND TO REPEAL CERTAIN PROVISIONS OF THE INSURANCE LAW RELATING THERETO

                    (SUBPART A); TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO GENERAL

                    HOSPITAL POLICIES FOR SUBSTANCE USE DISORDER TREATMENT (SUBPART B);

                    INTENTIONALLY OMITTED (SUBPART C); TO AMEND THE SOCIAL SERVICES LAW,

                    IN RELATION TO COURT-ORDERED SUBSTANCE USE DISORDER TREATMENT (SUBPART

                    D); AND INTENTIONALLY OMITTED (SUBPART E)(PART BB); INTENTIONALLY

                    OMITTED (PART CC); INTENTIONALLY OMITTED (PART DD); TO AMEND THE

                    PUBLIC HEALTH LAW, IN RELATION TO DIRECT OBSERVATION AND EVALUATION OF

                                         494



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    CERTAIN TEMPORARY EMPLOYEES (PART EE); TO AMEND CHAPTER 495 OF THE

                    LAWS OF 2004, AMENDING THE INSURANCE LAW AND THE PUBLIC HEALTH

                    LAW RELATING TO THE NEW YORK STATE HEALTH INSURANCE CONTINUATION

                    ASSISTANCE DEMONSTRATION PROJECT, IN RELATION TO THE EFFECTIVENESS

                    THEREOF (PART FF); TO PROVIDE FUNDING TO PROGRAMS PROVIDING OPIOID

                    TREATMENT, RECOVERY AND PREVENTION AND EDUCATION SERVICES OPERATED BY

                    THE NEW YORK STATE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE

                    SERVICES OR CERTAIN AGENCIES (PART GG); TO AMEND THE ELDER LAW, IN

                    RELATION TO GRANTS AWARDED FOR CLASSIC NORC PROGRAMS (PART HH); 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 II); TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO

                    AUTHORIZING THE DORMITORY AUTHORITY TO TRANSFER CERTAIN FUNDS REPAID BY

                    BORROWERS RELATING TO RESTRUCTURING POOL LOANS (PART JJ); AND DIRECTING

                    THE DEPARTMENT OF HEALTH TO CONDUCT A STUDY IN RELATION TO STAFFING

                    ENHANCEMENT AND PATIENT SAFETY (PART KK).

                                 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:  WE HAVE AN

                    AMENDMENT AT THE DESK.

                                         495



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MR. DIPIETRO TO BRIEFLY EXPLAIN THE AMENDMENT WHILE

                    THE CHAIR EXAMINES IT.

                                 PROCEED, MR. DIPIETRO.

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

                    THE FOLLOWING AMENDMENT, WAIVE ITS READING, MOVE FOR ITS IMMEDIATE

                    ADOPTION AND ASK YOU FOR THE OPPORTUNITY TO EXPLAIN IT.  AND I KNOW IN

                    YOUR INFINITE KINDNESS AND SENSE OF FAIR PLAY, YOU WILL GRANT THAT

                    REQUEST.

                                 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 VERY MUCH, SIR.  THIS

                    AMENDMENT PREVENTS TAXPAYER FUNDING OF ELECTIVE ABORTIONS.  THIS

                    AMENDMENT WOULD ALLOW FOR TAXPAYER-FUNDED ABORTIONS IN THREE

                    CIRCUMSTANCES:  WHEN THE LIFE OF THE MOTHER IS AT RISK; WHEN THE

                    PREGNANCY WAS THE RESULT OF RAPE; AND WHEN THE PREGNANCY IS A RESULT OF

                    INCEST.  WITH THE RECENT EXPANSION OF ABORTION RIGHTS IN THE STATE, THOSE

                    INDIVIDUALS WHO ARE MORALLY OPPOSED TO ABORTIONS SHOULD NOT BE

                    REQUIRED TO FOOT THE BILL FOR ELECTIVE ABORTIONS.  THIS MEASURE WOULD

                    NOT STOP ANYONE OBTAINING AN ABORTION UNDER THE NEW EXPANSION, BUT IT

                    WOULD GIVE TAXPAYERS FREEDOM FROM PAYING FOR ABORTIONS THAT ARE

                    ELECTIVE.

                                 ACTING SPEAKER AUBRY:  ON THE AMENDMENT,

                    THE CLERK WILL RECORD THE VOTE.

                                         496



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 EXCUSE ME.

                                 MS. GLICK ON THE AMENDMENT.

                                 MS. GLICK:  THANK YOU, MR. SPEAKER.  WHILE I

                    APPRECIATE THAT THERE ARE INDIVIDUALS WHO, OUT OF THEIR RELIGIOUS BELIEFS,

                    ARE OPPOSED TO ABORTION, ABORTION IS ACTUALLY HEALTH CARE, AND MEDICAID

                    COVERS HEALTH CARE FOR WOMEN WHO ARE POOR AND FOR WOMEN, MANY OF

                    WHOM WHO ARE YOUNG.  WITHOUT ACCESS TO THOSE MEDICAID FUNDS,

                    WOMEN WHO ARE UNWILLING TO BECOME PARENTS, A MOTHER, SHOULD NOT BE

                    FORCED TO CARRY A PREGNANCY THAT THEY DO NOT WISH TO CARRY.  ABORTION IS

                    HEALTH CARE, AND MEDICAID COVERS HEALTH CARE, AND WE SHOULD CONTINUE

                    TO DO SO.

                                 I URGE A NO VOTE.

                                 ACTING SPEAKER AUBRY:  MR. DIPIETRO.

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

                    THIS IS NOT A RELIGIOUS ISSUE, THIS IS A MORAL ISSUE.  AND THERE ARE -- THERE

                    IS A DIFFERENCE BETWEEN IT.  I WOULD RECOMMEND THAT IN THE SENSE OF

                    TAXPAYER, WE'VE JUST GONE THROUGH A LOT OF BUDGET DISCUSSIONS ABOUT

                    WHETHER TAXPAYERS SHOULD BE FUNDING MONEY FOR CERTAIN THINGS.  WE'VE

                    ARGUED BACK AND FORTH, AND THIS DEFINITELY FITS INTO THAT CATEGORY WHERE

                    IF SOMEONE DOES NOT WANT TO PAY FOR AN ABORTION, JUST LIKE THEY DON'T

                    WANT TO PAY FOR ELECTIONS AND CAMPAIGN FUNDING, THEY SHOULD HAVE THAT

                    RIGHT.  I UNDERSTAND THAT THERE ARE SOME WHO CAN'T AFFORD IT, I

                    UNDERSTAND ALL THE CIRCUMSTANCES.  BUT IN THAT RESPECT, THAT'S ALSO THEIR

                    CHOICE.  IF YOU WANT TO TALK ABOUT CHOICE, THEY HAVE THEIR CHOICE.  BUT

                    THEY ALSO HAVE OUR RIGHT NOT TO HAVE TO PAY FOR THEIR CHOICE.

                                         497



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 SO WITH THAT, I WOULD URGE A YES VOTE.  THANK YOU,

                    MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS DEFEATED.

                                 ANOTHER AMENDMENT AT THE DESK.  MS. MELISSA MILLER

                    TO BRIEFLY EXPLAIN THE AMENDMENT WHILE THE CHAIR EXAMINES IT.

                                 MS. MILLER:  THANK YOU, MR. SPEAKER.  I OFFER THE

                    FOLLOWING AMENDMENT, WAIVE ITS READING AND MOVE FOR ITS IMMEDIATE

                    ADOPTION AND ASK FOR THE OPPORTUNITY TO EXPLAIN IT.

                                 ACTING SPEAKER AUBRY:  WE HAVE EXAMINED

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

                    HOUSE.

                                 ON THE AMENDMENT, MS. MILLER.

                                 MS. MILLER:  THIS AMENDMENT AMENDS THE

                    BILL-IN-CHIEF TO PREVENT CUTS TO THE CONSUMER DIRECTED PERSONAL

                    ASSISTANCE PROGRAM WITHOUT SPECIFICALLY DEFINING HOW THE REDUCTIONS

                    WILL BE ACHIEVED.  YEAR AFTER YEAR, THE GOVERNOR HAS IGNORED CALLS TO

                    PROTECT THE STATE'S MOST VULNERABLE POPULATION.  FOR ONCE, HE NEEDS TO

                    GET OUT AHEAD OF A PROBLEM INSTEAD OF REACTING WITH HAPHAZARD,

                    PATCHWORK SOLUTIONS.  THIS IS A PROBLEM WITH A SIMPLE ANSWER:  CUT

                    SPENDING ON WASTEFUL, INEFFECTIVE ECONOMIC DEVELOPMENT PROGRAMS

                                         498



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    AND FUND PROGRAMS COMMENSURATE TO THE TREMENDOUS VALUE THAT THEY

                    BRING TO THEIR COMMUNITIES AND TO THE REST OF THE NEW YORK STATE.  ONE

                    SUCH PROGRAM IS THE CONSUMER DIRECTED PERSONAL ASSISTANCE PROGRAM,

                    OR CDPAP.  IT WAS SPECIFICALLY DESIGNED TO GIVE THOSE IN NEED THE CARE

                    OF THE FREEDOM AND FLEXIBILITY TO HAVE PROFESSIONALS OF THEIR CHOOSING,

                    ONES THAT THEY TRUST TO HANDLE DELICATE AND CRITICAL DAY-TO-DAY TASKS IN

                    THEIR HOMES, LOOKING AFTER THEM.  IT'S COST-EFFECTIVE AND, MORE

                    IMPORTANTLY, COMPASSIONATE.  FOR MANY, THE IDEA OF WAKING UP TO ANY

                    STRANGER, LET ALONE ONE WHO HAS SO MUCH IMPACT ON THEIR WELL-BEING IS

                    FRIGHTENING AND UNFAIR.  THESE ARE PERSONAL INTERACTIONS AND THEY

                    SHOULD BE TREATED AS SUCH.  THESE SKILLS THAT THEY PERFORM CAN INVOLVE

                    DAILY HYGIENE, TOILETING, EVEN DIAPER CHANGING.  DIGNITY MUST BE

                    CONSIDERED HERE.  THE ABILITY TO FEEL COMFORTABLE AND FAMILIAR WITH WHO

                    IS TAKING CARE OF YOU OR YOUR LOVED ONE CANNOT BE MINIMIZED.  IT IS

                    PARAMOUNT IN THE SUCCESS OF CARING FOR THESE POPULATIONS; THE

                    DEVELOPMENTALLY- AND MENTALLY-DISABLED, THE MEDICALLY-COMPLEX AND

                    SENIOR CITIZENS AT HOME.  ANY CUTS TO THE CDPAP PROGRAM SHOULD BE

                    FULLY OUTLINED AND NOT DONE BEHIND THE SCENES BY THE DEPARTMENT OF

                    HEALTH AND THE DIVISION OF BUDGET.  AS WE HAVE LEARNED, NEW YORK

                    STATE OVERBILLED THE FEDERAL GOVERNMENT FOR CLAIMS WITHIN THE CDPAP

                    PROGRAM, AND TO REPAY BACK THESE FUNDS, THE GOVERNOR HAS DECIDED TO

                    HIDE THE TRUE MEANING OF THESE REDUCTIONS.  OUR MOST VULNERABLE IN

                    NEW YORK STATE SHOULD NOT BE PENALIZED BECAUSE OF THE INEFFICIENCIES

                    OF THE DEPARTMENT OF HEALTH BY CUTTING FUNDING TO THE CDPAP

                    PROGRAM.

                                         499



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 ON MARCH 27TH, IT WAS RELEASED THROUGH REGULATION

                    THAT THE DEPARTMENT OF HEALTH WOULD BE CHANGING RATES FOR PAYMENT TO

                    THIS PROGRAM TO A PER-MEMBER, PER-MONTH STRUCTURE.  NO MATTER WHAT IS

                    BEING SAID, THIS RATE CHANGE WILL NEGATIVELY IMPACT THE CDPAP

                    PROGRAM.  CHANGING THE RATES TO A PER-MEMBER, PER-MONTH STRUCTURE

                    WILL ONCE AGAIN IMPACT THE VERY VULNERABLE POPULATION OF PEOPLE WHO

                    NEED THE MOST HELP.  HIGH-NEEDS INDIVIDUALS CANNOT BE BOXED INTO A

                    CAPITATED AMOUNT.  THEIR NEEDS CHANGE.  BELIEVE ME, SPEAKING FROM

                    PERSONAL EXPERIENCE, MANY WISH THEY HAD THAT STABILITY OF A LIMITED

                    NUMBER OF HOURS PER MONTH AND THE KNOWLEDGE TO KNOW WHAT THAT

                    WOULD BE.  WHICH BRINGS ME TO THE BIG PROBLEM:  THE DECISIONS THAT

                    AFFECTS SO MANY ARE BEING MADE BEHIND OUR BACKS BY WHO?  PEOPLE

                    WHO AREN'T LIVING THIS.  I CAN TELL YOU THAT.  THE BOTTOM LINE HERE IS

                    CUTTING FUNDING WITHOUT DEFINING EXACTLY WHERE, WHY AND HOW IS GOING

                    TO HURT OUR POPULATION AND IT ISN'T NECESSARY.

                                 THANK YOU.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE AMENDMENT IS DEFEATED.

                                 WE HAVE ANOTHER AMENDMENT AT THE DESK.  MS. WALSH

                    TO BRIEFLY EXPLAIN THE AMENDMENT WHILE THE CHAIR EXAMINES IT.

                                 MS. WALSH:  THANK YOU, MR. SPEAKER.  I OFFER THE

                                         500



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    FOLLOWING AMENDMENT, WAIVE ITS READING, MOVE FOR ITS IMMEDIATE

                    ADOPTION AND ASK FOR THE OPPORTUNITY TO EXPLAIN IT.

                                 ACTING SPEAKER AUBRY:  THE CHAIR HAS

                    EXAMINED YOUR AMENDMENT, MS. WALSH, AND FOUND IT GERMANE TO THE

                    BILL BEFORE THE HOUSE.

                                 ON THE AMENDMENT.

                                 MS. WALSH:  THANK YOU, MR. SPEAKER.  THIS

                    AMENDMENT REFERS TO THE DIRECT CARE WORKER WAGE ADJUSTMENT THAT IS IN

                    THE -- THIS BILL.  AS YOU KNOW, THE HUMAN SERVICES COLA WAS

                    DEFERRED, THAT WAS PROMISED IN 2017, AND THIS YEAR WAS SCHEDULED TO BE

                    2.9 PERCENT.  AND INSTEAD OF THAT, THE DIRECT CARE WORKER WAGE

                    ADJUSTMENT WAS PUT INTO THIS BILL WHICH PROVIDES AN OVERALL AVERAGE OF

                    2 PERCENT TO INCREASE TOTAL SALARIES FOR DIRECT CARE STAFF AND DIRECT

                    SUPPORT PROFESSIONALS.  TWO PERCENT FOR JANUARY 1ST, 2020, AND ANOTHER

                    2 PERCENT FOR APRIL 1ST, 2020.  OUR AMENDMENT WOULD GIVE 3.25

                    PERCENT, EFFECTIVE TODAY, APRIL 1ST, 2019, AND 3.25 PERCENT EFFECTIVE

                    APRIL 1ST OF 2020.

                                 DIRECT CARE PROFESSIONALS HAVE ONE OF THE HARDEST AND

                    MOST DEMANDING JOBS IN NEW YORK.  THEY WORK TIRELESSLY TO ENSURE THE

                    WELL-BEING OF THOSE WHO HAVE DIFFICULTY CARING FOR THEMSELVES.  WHILE

                    THEY HAVE WATCHED GOVERNOR CUOMO FLAUNT HIS SUPPORT FOR CRIMINALS,

                    FAST-FOOD WORKERS AND HOLLYWOOD ELITES, THEIR WAGES HAVE FLAT-LINED.

                    FUNDING FOR THEIR PROGRAMS REMAINS FAR SHY OF WHAT'S NEEDED, AND THEY

                    MUST FIGHT AND SCRAP FOR RECOGNITION AT EVERY TURN.  MEMBERS OF OUR

                    CONFERENCE HAVE CONTINUED TO SUPPORT THE "# BFAIR2DIRECTCARE"

                                         501



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    INITIATIVE, WHICH HAS FOUGHT FOR MORE FUNDING AND BETTER PAY FOR DIRECT

                    CARE PROFESSIONALS.  WITHOUT ADEQUATE FUNDING, THE DISABILITY

                    COMMUNITY IS AT SERIOUS RISK OF A DEVASTATING LABOR SHORTAGE.  FAILING TO

                    ADJUST THE PAY OF DIRECT CARE WORKERS WILL PUT AN ENORMOUS STRAIN ON

                    THIS STRUGGLING INDUSTRY AND CREATE AN INCENTIVE FOR SKILLED AND

                    EXPERIENCED WORKERS TO SEEK EMPLOYMENT ELSEWHERE.  SIMPLY PUT, THEY

                    CAN MAKE MORE MONEY DOING LESS BY WORKING IN A LESS DEMANDING

                    FIELD.  THIS LEGISLATION PROVIDES CRITICAL FUNDING TO BE USED FOR

                    RECRUITMENT AND RETENTION OF DIRECT CARE STAFF, DIRECT SUPPORT

                    PROFESSIONALS AND CLINICAL STAFF.

                                 JUST THIS PAST WEEK, THERE WAS OUTRAGE AT PROPOSED

                    FEDERAL CUTS TO THE SPECIAL OLYMPICS PROGRAM, YET THE BILL THAT WE ARE

                    DEALING WITH TODAY IS A SAD INDICATION OF HOW OUR STATE IS FAILING TO

                    LEAD.  AND I FIND THAT COMPLETELY UNACCEPTABLE.  A WEEK OR SO AGO,

                    THERE WAS A BIG RALLY UP IN THE WAR ROOM THAT MANY OF US ATTENDED.

                    WHILE I WAS THERE, SEVERAL PARENTS HANDED ME LETTERS AND TALKED TO ME A

                    LITTLE BIT ABOUT THEIR CHILDREN.  HERE'S WHAT ONE OF THEM SAYS:  "OUR

                    DAUGHTER IS 48 YEARS OLD AND HAS LIVED FOR THE PAST 14 YEARS IN AN

                    INDIVIDUAL RESIDENTIAL ALTERNATIVE.  WE ARE IN OUR 70S, AND DUE TO HER

                    INCREASING PHYSICAL NEED WE ARE NO LONGER ABLE TO HAVE HER VISIT US AT

                    HOME.  THE STAFFING AT HER HOME IS IN CRISIS.  THERE ARE CURRENTLY

                    SEVERAL SHIFTS THAT HAVE NO STAFF ASSIGNED.  THE STAFF REMAINING MUST

                    WORK OVERTIME AND EXTRA SHIFTS.  THEY ARE ALSO USING RELIEF STAFF, BUT

                    THERE IS NEVER ENOUGH STAFF TO DO THE JOB THAT NEEDS TO BE DONE.  THE

                    RELIEF STAFF DO NOT HAVE THE EXPERIENCE WITH THE RESIDENTS TO DO THE BEST

                                         502



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    JOB POSSIBLE.  PART OF THE REASON IS THAT THE PAY IS SO LOW.  ONE OF OUR

                    WONDERFUL STAFF PEOPLE JUST LEFT TO WORK AT A HOSPITAL WHERE SHE WILL GET

                    $7.50 MORE AN HOUR.  WE CANNOT BLAME HER.  IN THE LAST TWO YEARS, MY

                    DAUGHTER HAS BEEN HURT IN THREE SEPARATE INCIDENTS, WHICH I FEEL ARE

                    DIRECTLY RELATED TO THE STAFFING CRISIS AND THE LOW HOURLY WAGE OFFERED

                    TO DIRECT SUPPORT PROFESSIONALS.  THE DSPS ARE PROVIDING NEEDED

                    SERVICES TO INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES AND ARE NOT

                    RECEIVING A LIVING WAGE.  IT IS CLOSE TO IMPOSSIBLE TO RECRUIT NEW STAFF,

                    ESPECIALLY SINCE THE FAST-FOOD WORKERS HAVE BEEN GIVEN A LIVING WAGE.

                    WHEN NEW STAFF ARE HIRED, THEY OFTEN STAY ONLY FOR A SHORT TIME AND

                    EITHER LEAVE FOR A STATE DSP POSITION OR LEAVE THE FIELD ENTIRELY, DUE TO

                    THE DIFFICULT WORK AND LOW WAGE."

                                 AT THIS YEAR'S RALLY, AFTER THE GOVERNOR'S STAFF CAME

                    AND ADDRESSED THE CROWD, SEVERAL WISE CONSUMERS IN THE BACK OF THE

                    ROOM SAID, HOW MUCH?  HOW MUCH ARE YOU GOING TO GIVE?  AND I

                    THINK THIS BILL, AS CURRENTLY WRITTEN, PROVIDES THE ANSWER 2 PERCENT NEXT

                    YEAR IN JANUARY, AND 2 PERCENT THEN IN APRIL OF NEXT YEAR.  AND THIS

                    AMENDMENT, WHICH I ASK YOU TO CONSIDER, WOULD GIVE 3.25 PERCENT

                    EFFECTIVE IMMEDIATELY, AND ANOTHER 3.25 PERCENT EFFECTIVE NEXT APRIL.  I

                    BELIEVE THAT IT'S THE LEAST THAT WE CAN DO TO HELP PEOPLE WHO ARE

                    STRUGGLING IN THIS REALLY CRITICAL, CRITICALLY-IMPORTANT PROFESSION, AND I

                    ASK FOR YOUR CONSIDERATION OF THIS AMENDMENT.

                                 THANK YOU.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL

                    RECORD THE VOTE.

                                         503



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 (THE CLERK RECORDED THE VOTE.)

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  COLLEAGUES, I JUST

                    WANTED TO REMIND US THAT THIS IS A THREE-WAY BUDGET DEAL THAT HAS BEEN

                    AGREED UPON, AND THAT THERE ARE -- IS INCLUDED IN THIS BUDGET $80

                    MILLION FOR THIS POPULATION OF WORKERS WHO ARE DOING A FABULOUS JOB.

                    AND OVER THE LAST FEW YEARS, MANY OF US HAVE BEEN VERY PROUD TO

                    SUPPORT THE #BFAIR2DIRECTCARE MOVEMENT.  AND WHILE IT'S NEVER

                    ENOUGH AND IT WASN'T ENOUGH FOR ANY PARTS OF OUR BUDGET TODAY, MR.

                    SPEAKER, WE THINK THAT WE'VE MADE A GOOD EFFORT HERE.  AND IT'S A GOOD

                    FINANCIAL PLAN, AND IT'S A GREAT INVESTMENT INTO A GROUP OF PEOPLE WHO

                    DESERVE MUCH, MUCH MORE.  BUT SO DO MANY OF THE OTHER PEOPLE IN OUR

                    BUDGET TODAY THAT WE WERE NOT ABLE TO TOTALLY FULLY FUND.  SO I THINK

                    WE'VE MADE A GOOD STRIDE WITH THIS ONE, AND I APPRECIATE THE COMMENTS

                    COMING FROM OUR COLLEAGUE, AND I THINK, HOWEVER, THIS AMENDMENT

                    SHOULD BE DEFEATED.

                                 ACTING SPEAKER AUBRY:  ANNOUNCE THE

                    RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE AMENDMENT IS DEFEATED.

                                 ON THE BILL.

                                 MR. RAIA.

                                 MR. RAIA:  GOOD MORNING, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  GOOD MORNING, SIR.

                    HOW ARE YOU?

                                         504



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MR. RAIA:  THE SUN'S COMING UP, IT'S A BEAUTIFUL DAY.

                    I'M GOING TO MAKE THIS AS QUICK AND PAINLESS AS POSSIBLE.  WILL THE

                    CHAIRWOMAN, WHO HAS DONE A WONDERFUL JOB FOR THE LAST 24 HOURS,

                    YIELD FOR A COUPLE OF QUESTIONS?

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN, WILL

                    YOU YIELD?

                                 MS. WEINSTEIN:  SURE.  BE HAPPY TO.

                                 MR. RAIA:  THANK YOU.  WE'LL TRY AND KEEP IT ALL IN-

                    HOUSE SO YOU DON'T HAVE TO GO TO SOME OF THE OTHER CHAIR PEOPLE.  I'LL

                    START WITH THE MOST OBVIOUS:  WHY ON EARTH IS THE LEGISLATIVE PAY

                    COMMISSION EXTENDER IN THE HEALTH BUDGET?

                                 MS. WEINSTEIN:  THERE IS JUST A TECHNICAL ISSUE THAT

                    RELATES TO -- IT'S BASICALLY A POP-UP OF THIS LEGISLATION THAT IF SOMETHING

                    WERE TO HAPPEN IN THE -- IN THE COURT CASE FOR WHATEVER REASON, IT'S IN --

                    IN THE PAST IT WAS IN THE UNCONSOLIDATED LAWS.  IT ENDED UP IN THE

                    HEALTH BUDGET -- HEALTH BILL YEARS BACK, AND WE'RE JUST HAVING THAT IN AS

                    A --IN CASE THERE'S AN ADVERSE RULING THAT IT WOULD RESTORE THOSE ITEMS.

                                 MR. RAIA:  GOTCHA.  NOT SURE I GET THAT, BUT I REALLY

                    DON'T CARE RIGHT NOW.

                                 (LAUGHTER)

                                 WHAT'S HAPPENING WITH THE FIDELIS, CENTENE

                    SETTLEMENT?  IS THE -- IS THE SETTLEMENT MONEY STILL GOING TO HOSPITALS

                    AND NURSING HOMES FOR THE CONTRACTUAL RATE INCREASES?

                                 MS. WEINSTEIN:  YES.

                                 MR. RAIA:  OKAY.  MOVING RIGHT ALONG.  UNDER

                                         505



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    LONG-TERM CARE-RELATED MRT RECOMMENDATIONS.  THERE'S A RESIDENTIAL

                    HEALTH CARE FACILITY WORKGROUP THAT'S GOING TO BE ESTABLISHED TO DEAL

                    WITH CASE MIX ADJUSTMENTS AND MEDICAID.  MY CONCERN IS, THE

                    WORKGROUP IS SUPPOSED TO GET TOGETHER AND COMPLETE ALL THEIR WORK BY

                    JUNE 30, 2019, AND THE CUTS OR WHATEVER CHANGES TO THE MEDICAID RATES

                    OF PAYMENTS WILL HAPPEN ON JULY 1, 2019.  YOU KNOW, I'VE BEEN

                    KICKING AROUND HERE FOR SOME 28 YEARS IN ONE FORM OR ANOTHER, AND I

                    CAN'T THINK OF ONE COMMISSION OR ONE WORKGROUP OR WHATEVER THAT'S

                    EVER DONE THEIR WORK ON TIME.  SO MY QUESTION IS, WHEN THEY DON'T

                    FINISH THEIR WORK ON TIME, WHAT'S GOING TO HAPPEN WITH THOSE NEW RATES

                    THAT ARE SUPPOSED TO TAKE EFFECT?

                                 MS. WEINSTEIN:  SO, THE -- THE RATES THAT THE --

                    FROM THE WORKGROUP WILL BE PERSPECTIVE, SO NOT UNTIL JANUARY 1.  SO

                    THERE SHOULDN'T BE AN ISSUE.

                                 MR. RAIA:  OKAY.  ACA CODIFICATION.

                                 MS. WEINSTEIN:  YES.

                                 MR. RAIA:  THERE'S A SECTION IN HERE, WE'RE CODIFYING

                    IN STATE LAW PROVISIONS OF THE ACA WHICH PROHIBIT INSURANCE

                    COMPANIES FROM IMPOSING ANY PREEXISTING CONDITIONS.  THIS HAS

                    ALREADY BEEN THE LAW IN NEW YORK STATE FOR A WHOLE LOT OF YEARS, RIGHT?

                                 MS. WEINSTEIN:  YES.  YES, BUT WE'RE JUST MERELY

                    -- WE'RE CODIFYING IN CASE THINGS CHANGE IN TERMS OF SOME OF THE COURT

                    DECISIONS --

                                 MR. RAIA:  OKAY.  YEAH.  I JUST WANTED TO POINT OUT

                    FOR -- FOR THOSE THAT MIGHT BE VOTING AGAINST THE BUDGET THAT THIS IS IN

                                         506



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    FACT ALREADY --

                                 MS. WEINSTEIN:  OKAY.

                                 MR. RAIA:  -- THE LAW IN NEW YORK STATE.

                                 LAST BUT NOT LEAST.... LET'S SEE.  WELL, WHY ARE WE

                    DEFERRING THE HUMAN SERVICES COST-OF-LIVING ADJUSTMENT?

                                 MS. WEINSTEIN:  JUST A LACK OF REVENUES.

                                 MR. RAIA:  OKAY.  I'M OUT.  THANK YOU VERY --

                                 MS. WEINSTEIN:  THANK YOU.

                                 MR. RAIA:  -- MUCH.

                                 MS. WEINSTEIN:  THANK YOU, MR. RAIA.

                                 MR. RAIA:  EVERYBODY GET A GOOD REST.

                                 ACTING SPEAKER AUBRY:  MS. MELISSA MILLER.

                                 MS. MILLER:  HI.  I JUST HAVE A FEW QUESTIONS, IF THE

                    SPONSOR WILL YIELD.

                                 MS. WEINSTEIN:  SURE.

                                 MS. MILLER:  ON -- ON THE CDPAP PORTION AGAIN.

                    SO IS THERE -- HAS THERE BEEN ANY LANGUAGE THAT WOULD SAY IS THERE A

                    MAXIMUM LIMIT SET PER-MEMBER, PER-MONTH?  LIKE A CAP PER-MONTH,

                    PER-MEMBER.

                                 MS. WEINSTEIN:  NO, I DO NOT BELIEVE SO.

                                 MS. MILLER:  SO, NO LANGUAGE, NOTHING HAS BEEN

                    SAID?  OR IS THAT JUST UP TO THEM TO -- TO BE DETERMINED?

                                 MS. WEINSTEIN:  THERE IS NO CAP.

                                 MS. MILLER:  NO CAP.  AND IS THERE ANY

                    CONSIDERATION FOR THE HIGHER-NEEDS POPULATION OR UNSTABLE POPULATION

                                         507



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    FOR THOSE THAT CAN'T FIT INTO THE NICE LITTLE SILO OF A FLAT AMOUNT THAT

                    CHANGES CONSTANTLY?

                                 MS. WEINSTEIN:  WELL, I THINK THE AMOUNT WOULD

                    BE SCALED BASED ON THE -- THE AMOUNT OF NEED.

                                 MS. MILLER:  SO THEY WOULD AVERAGE IT.

                                 MS. WEINSTEIN:  NO, I THINK THERE WOULD BE

                    DIFFERENT LEVELS BASED ON NEED.

                                 MS. MILLER:  YES.  IT WOULD DEFINITELY -- IT WOULD --

                    AS USUALLY IS.  BUT WILL THERE BE -- IF -- IF SOMEBODY IS A HIGHER-NEEDS,

                    THEY WOULD HAVE A HIGHER NUMBER OF -- WELL, OKAY.  NEVER MIND.  IS

                    THERE A -- ANY STATUTORY FRAMEWORK TO ENSURE THE CONTINUED SUCCESS OF

                    THIS PROGRAM?

                                 MS. WEINSTEIN:  YES.  YES.

                                 MS. MILLER:  OKAY.  AND ARE THEY STILL REDUCING THE

                    -- TAKING THE $75 MILLION FROM THE CDPAP PROGRAM?  THAT'S STILL

                    BEING...

                                 MS. WEINSTEIN:  WE'VE KEPT IT AT $75 MILLION.

                                 MS. MILLER:  SO THE -- THE RATE CHANGE

                    IMPLEMENTATION THAT'S TAKING PLACE TODAY, ACTUALLY, TO THE PER-MEMBER,

                    PER-MONTH IS ESTIMATED TO SAVE THE STATE $14 MILLION.  WHERE IS THE

                    REMAINING SAVINGS COMING FROM?

                                 MS. WEINSTEIN:  SO THE $14 MILLION I'M TOLD IS

                    ONLY FOR FEE-FOR-SERVICE MEDICAID.

                                 MS. MILLER:  RIGHT.  BUT THEY'RE -- THEY'RE TAKING

                    $75 MILLION FROM THE PROGRAM.

                                         508



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MS. WEINSTEIN:  THE $75 MILLION ALSO INCLUDES

                    MANAGED CARE.

                                 MS. MILLER:  OKAY.  I JUST ALSO HAVE -- WELL, ONE

                    MORE QUESTION ON THE CDPAP.  IS THERE ANY REASSURANCE OR GUARANTEE

                    THAT THERE WILL NOT BE ANY DISRUPTION OR LAPSE IN SERVICES TO THE

                    CONSUMERS?

                                 MS. WEINSTEIN:  THERE IS A -- A -- IN THE LAW THERE

                    IS A TRANSI -- THERE IS A REQUIREMENT FOR A TRANSITION PLAN, THERE'S A

                    WORKGROUP SET UP.

                                 MS. MILLER:  AND WHO APPOINTS PEOPLE ON TO THAT

                    WORKGROUP?

                                 MS. WEINSTEIN:  THE -- THE COMMISSIONER.

                                 MS. MILLER:  WHICH COMMISSION?

                                 MS. WEINSTEIN:  DOH, THE DEPARTMENT OF HEALTH

                    COMMISSIONER.

                                 MS. MILLER:  OKAY.  NOW I JUST HAVE A QUESTION ON

                    THE COLA.  I KNOW THAT IT WAS SOMETHING THAT WE WERE SUPPORTING.  IS

                    THAT JUST ANOTHER EXAMPLE OF THAT THEY COULDN'T COME TO A MUTUAL

                    AGREEMENT?

                                 MS. WEINSTEIN:  WE -- WE COULDN'T COME TO AN

                    AGREEMENT BECAUSE THERE WAS A NEED FOR ADDITIONAL REVENUES AND WE

                    COULDN'T COME TO AN AGREEMENT ABOUT INCREASED REVENUES.  YOU KNOW,

                    THAT WE DID -- YOU KNOW, AS WE'VE DISCUSSED -- I DISCUSSED WITH

                    ASSEMBLYWOMAN WALSH, AND I BELIEVE OTHERS, THAT WE DO HAVE THE

                    #BFAIR 2 PERCENT THAT IS GOING TO BE STARTING IN JANUARY.

                                         509



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MS. MILLER:  RIGHT.  OKAY.  THANK YOU.

                                 MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL.

                                 MS. MILLER:  ON THE CDPAP, I MEAN, AS A -- AS A

                    CONSUMER WITH A CHILD WHO IS UTILIZING THIS, I DO HAVE STRONG CONCERNS

                    THAT THERE'S MUCH THAT'S STILL VAGUE, THAT'S NOT VERY CLEAR ABOUT WHERE

                    THE CUTS ARE COMING OUT OF, AND HOW THIS PER-MEMBER, PER-MONTH IS

                    GOING TO AFFECT INDIVIDUALS WITH HIGHER NEEDS AND HOW THE TRANSITION

                    OVER FROM THE FISCAL INTERMEDIARIES THAT WERE NOT IN PLACE BEFORE 2012

                    HAVE TO REREGISTER.  SO I DO HAVE STRONG CONCERNS OVER THAT, BUT WAS

                    HAPPY THAT THEY MADE SOME COMPROMISE.  AS FAR AS THE COLA, I JUST --

                    I CANNOT FATHOM HOW WITH A $175.5 BILLION BUDGET, WE CANNOT FIND ANY

                    MONEY FOR COLA.  IF THE PARTIES THAT CONTROL NOW BOTH HOUSES AND THE

                    BRANCHES OF GOVERNMENT ARE PARTIES OF WOMEN, JUSTICE, PEOPLE OF COLOR,

                    WHY IS IT THAT THEY COULDN'T FIND $20 MILLION TO FUND THE HUMAN SERVICES

                    COLA WHOSE WORKERS ARE 81 PERCENT WOMEN AND 46 PERCENT PEOPLE OF

                    COLOR.  ARE THEY NOT WORTH THE .01 PERCENT OF THE NEW YORK STATE

                    BUDGET?  THESE ARE THE PEOPLE WHO WORK WITH CHILDREN, PEOPLE WITH

                    DISABILITIES, BEHAVIORAL HEALTH SPECIALISTS.  HOW DO YOU EXPECT THEM TO

                    CONTINUE TO SUPPORT THEMSELVES AND THEIR FAMILIES WHEN THEY'VE HAD NO

                    RAISE IN ALMOST TEN YEARS?  NEW YORK STATE IS TAKING ADVANTAGE OF

                    THEM.  SHAME, SHAME ON THEM.

                                 THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. GOTTFRIED.

                                 MR. GOTTFRIED:  YES, MR. SPEAKER, I WANT TO READ

                                         510



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    INTO THE RECORD THE TEXT OF A LETTER THAT IS BEING SENT TO ME AS CHAIR OF

                    THE ASSEMBLY HEALTH COMMITTEE AND SENATOR GUSTAVO RIVERA AS CHAIR

                    OF THE SENATE HEALTH COMMITTEE FROM DONNA FRESCATORE, THE MEDICAID

                    DIRECTOR OF NEW YORK.  THIS LETTER WAS NEGOTIATED AS PART OF THE BUDGET

                    NEGOTIATIONS ON THIS BILL AND -- AND IS PART OF THE LEGISLATIVE INTENT OF

                    THIS BUDGET LEGISLATION AND SHOULD BE REGARDED IN -- IN THAT CONTEXT.

                    AND THE TEXT OF THE LETTER GOES AS FOLLOWS, AND I APOLOGIZE IF THIS WILL

                    BE A LITTLE INCOMPREHENSIBLE.  IT'S A LOT EASIER TO MAKE SENSE OF WHEN

                    YOU'RE READING IT, BUT I NEED TO GET IT INTO THE RECORD.

                                 THE PURPOSE OF THIS LETTER IS TO CONFIRM THAT RELATED TO

                    THE 2019-20 BUDGET DIALOGUE, THE OFFICE OF HEALTH INSURANCE PROGRAM

                    -- PROGRAMS AT THE NEW YORK STATE DEPARTMENT OF HEALTH WILL CONTINUE

                    TO SUPPORT ROBUST CONSUMER PROTECTIONS FOR RECIPIENTS OF PERSONAL CARE

                    SERVICES.  THE DEPARTMENT WILL PROPOSE REGULATIONS UNDER THE NEW

                    YORK STATE ADMINISTRATIVE PROCEDURE ACT TO IDENTIFY APPROPRIATE

                    REASONS OR FACTORS TO BE DOCUMENTED IN AN INDIVIDUAL'S SERVICE PLAN FOR

                    DENYING, REDUCING OR DISCONTINUING PERSONAL CARE SERVICE -- SERVICES

                    THAT ARE NOT MEDICALLY NECESSARY.  THE PROPOSED REGULATION --

                    REGULATIONS WILL NOT ALTER THE INDIVIDUAL'S RIGHT TO A FAIR HEARING OR TO

                    HAVE SUCH SERVICES CONTINUE UNCHANGED UNTIL THE FAIR HEARING DECISION

                    IS ISSUED, PARENTHESIS, (AID-CONTINUING) IN ACCORDANCE WITH APPLICABLE

                    LAWS.

                                 NEXT, PROMOTING ASTHMA PRACTICES -- ASTHMA PROJECTS

                    AND MEDICALLY-TAILORED MEALS AS PROMISING DELIVERY SERVICE REFORM

                    INCENTIVE PAYMENT PROGRAM (DSRIP) PRACTICES AND INTERVENTIONS WITH

                                         511



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    PERFORMING PROVIDER SYSTEMS AND THEIR NETWORK PROVIDERS, INCLUDING

                    HEALTH PLANS.

                                 RELATED TO THE TRANSITION OF MEMBERS OF INDEPENDENCE

                    CARE SERVICES [SIC] (ICS), MEDICAID MANAGED CARE PLAN TO VNS

                    CHOICE, INCREASE IN NETWORK ENHANCEMENT FEE -- FEE PAID BY VNS

                    CHOICE TO PROVIDERS THAT HAVE MAINTAINED STATUS AS A PARTICIPATING

                    PROVIDER IN THE ICS NETWORK THROUGH MARCH 31, 2019; AND HAVE EITHER

                    (1) JOINED THE VNS CHOICE NETWORK ON OR BEFORE APRIL 1, 2019 AND

                    REMAIN IN THE NETWORK FOR THREE YEARS FROM THAT DATE; OR (2) ENTERED

                    INTO A CASE PAYMENT AGREEMENT WITH VNS CHOICE ON OR BEFORE APRIL

                    1, 2019; BY $24 MILLION (GROSS), PAYABLE ON A QUARTERLY BASIS, OVER THE

                    THREE-YEAR PERIOD STARTING ON APRIL 1, 2019.  IN ORDER TO RECEIVE SUCH

                    FUNDING, THE PROVIDER MUST ENTER INTO A RELEASE AGREEMENT WITH ICS

                    AND VNS CHOICE BY THE DATE REQUIRED BY SUCH RELEASE.

                                 REFRAIN FROM TAKING ADMINISTRATIVE ACTION -- ACTIONS

                    INTENDED TO CARVE OUT MEDICARE TRANSPORTATION FROM THE ADULT DAY

                    HEALTHCARE CARE PROGRAMS THAT HAVE ELECTED TO SELF-MANAGE

                    TRANSPORTATION FOR THEIR MEMBERS.

                                 UPDATE/MODIFY THE METHODOLOGY USED BY THE

                    DEPARTMENT TO RISK ADJUST THE PREMIUMS PAID TO MANAGE LONG-TERM

                    CARE PROGRAMS TO BETTER RECOGNIZE THE ACUITY OF CERTAIN

                    MEDICALLY-COMPLEX POPULATIONS.  THE DEPARTMENT WILL CONTINUE TO

                    ENGAGE STAKEHOLDERS VIA ITS ALREADY ESTABLISHED RISK ADJUSTMENT

                    METHODOLOGY ENGAGEMENT PROCESS.

                                 INCORPORATE INTO MONTHLY MEDICAID REDESIGN TEAM

                                         512



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    BRIEFINGS WITH THE LEGISLATURE THE STATUS OF THE DEPARTMENT'S EFFORTS TO

                    ENSURE MANAGED CARE ORGANIZATIONS AND PROVIDERS ARE MEETING THE

                    REQUIREMENTS OF FEDERAL AND STATE LABOR LAWS AND REGULATIONS

                    REGARDING THE WORKFORCE -- REGARDING WORKFORCE RECRUITMENT, RETENTION

                    AND MINIMUM WAGE.  THIS INCLUDES CHARGES -- CHANGES IN LAWS AND/OR

                    POLICY THAT MAY IMPOSE NEW REQUIREMENTS ON PLANS AND PROVIDERS.

                                 THE DEPARTMENT IS COMMITTED TO ENSURING THAT THE

                    LEGISLATIVE LEADERS HAVE FULL ACCESS TO VITAL INFORMATION AND

                    COMMITMENTS PROVIDED IN THIS LETTER TO BUILD OFF PREVIOUS EFFORTS TO

                    ENSURE MEDICAID PROGRAM TRANSPARENCY.  WE LOOK FORWARD TO WORKING

                    WITH YOU AND YOUR STAFF TO MAKE THE MEDICAID PROGRAM MORE COST-

                    EFFECTIVE IN THE MONTHS AND YEARS TO COME.

                                 SINCERELY, DONNA FRESCATORE.

                                 I REALIZE THAT IS KIND OF GIBBERISH, BUT I ASSURE YOU IT

                    RELATES TO IMPORTANT THINGS THAT WE WERE ABLE TO ACHIEVE WITH THE

                    HEALTH DEPARTMENT AND THE EXECUTIVE BRANCH IN THE MEDICAID

                    NEGOTIATIONS THAT PRODUCED THIS BILL.

                                 THANK YOU.

                                 (APPLAUSE)

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. ABINANTI TO EXPLAIN HIS VOTE.

                                         513



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 (JEERS/BOOING)

                                 MR. ABINANTI:  ALL RIGHT, GUYS.  I DIDN'T SAY THAT

                    WHEN YOU WE'RE TALKING, SO SHUT UP AND LISTEN.

                                 (LAUGHTER/JEERS)

                                 ACTING SPEAKER AUBRY:  MR. ABINANTI, THE

                    CHAIR WILL TAKE CARE OF THAT,

                                 MR. ABINANTI:  THANK YOU.

                                 ACTING SPEAKER AUBRY:  YOU DON'T NEED TO DO

                    THAT, PLEASE.  IT IS FIVE OR SIX IN THE MORNING --

                                 MR. ABINANTI:  I UNDERSTAND.

                                 ACTING SPEAKER AUBRY:  -- AND WE'VE ALL BEEN

                    UP, SO...

                                 MR. ABINANTI:  SO HAVE I.

                                 ACTING SPEAKER AUBRY:  SO APOLOGIZE AND WE

                    CAN GO ON.

                                 MR. ABINANTI:  I'VE HEARD MY COLLEAGUES TALK

                    ABOUT THE DEFECT IN THIS BILL, AND I AGREE WITH THEM.  THE WORD SHOULD

                    GO FORWARD VERY CLEARLY:  THIS GOVERNOR IS NO FRIEND OF PEOPLE WITH

                    SPECIAL NEEDS.  HE SET A SPENDING LIMIT, HE OPPOSED ADDING REVENUES TO

                    OUR BUDGET BY TAXING RICH NEW YORKERS.  SO OUR STAFF, WHO WORKED

                    VERY HARD, WAS NOT ABLE TO CURE THE DEFECTS THAT THE GOVERNOR BUILT INTO

                    THIS BUDGET.  WE DID WHAT WE COULD.  I'M VOTING FOR THIS, BUT PEOPLE IN

                    THE STATE OF NEW YORK ARE GOING TO GET HURT BECAUSE OF THIS GOVERNOR.

                    AND MY COLLEAGUES ON THE OTHER SIDE OF THE AISLE HAVE HIGHLIGHTED IT,

                    BUT THERE'S NOTHING WE CAN DO AS LONG AS WE LET THIS GOVERNOR SET A

                                         514



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    SPENDING LIMIT AND PREFER WEALTHY PEOPLE TO THE PEOPLE IN THE STATE OF

                    NEW YORK WHO NEED HELP.

                                 I VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. ABINANTI IN THE

                    AFFIRMATIVE.

                                 MS. SIMOTAS TO EXPLAIN HER VOTE.

                                 MS. SIMOTAS:  THANK YOU FOR THE OPPORTUNITY TO

                    EXPLAIN MY VOTE.  AN IMPORTANT PART OF THIS BUDGET BILL REMOVES A

                    BARRIER TO HEALTH CARE THAT HAS EXISTED IN NEW YORK FOR NEARLY 30 YEARS.

                    SINCE 1990, INSURANCE POLICIES HAVE PROVIDED CERTAIN COVERAGE TO NEW

                    YORKERS WHO ARE DEALING WITH INFERTILITY.  HOWEVER, BECAUSE OF AN

                    OUTDATED PROVISION IN THE LAW, MOST PATIENTS ARE DENIED ACCESS TO THE

                    SAFEST, MOST EFFECTIVE TREATMENT FOR THIS DISEASE.  I SPEAK SPECIFICALLY

                    ABOUT IVF, WHICH HAS LONG BEEN CONSIDERED THE GOLD STANDARD OF CARE

                    FOR PEOPLE GRAPPLING WITH THIS HEARTBREAKING MEDICAL CONDITION.  SINCE

                    IVF IS EXPLICITLY EXCLUDED FROM THE TYPE OF TREATMENT THAT MOST

                    INSURANCE POLICIES COVER, NEW YORKERS HAVE TO MAKE THE

                    HEART-WRENCHING DECISION OF CHOOSING BETWEEN NOT HAVING CHILDREN OR

                    INCURRING EXORBITANT OUT-OF-POCKET FEES TO CREATE THE FAMILIES THAT THEY

                    WANT.  NOT ANYMORE.  WITH THIS VOTE, WE FINALLY REMOVE THE ARCHAIC

                    RESTRICTION FROM LARGE GROUP INSURANCE POLICIES AND REQUIRE THEM TO

                    COVER IVF.  ALTHOUGH THIS BUDGET DOES NOT REMOVE THIS RESTRICTION FOR

                    ALL POLICIES, IT IS A FIRST STEP.  CHOOSING THE BEST COURSE OF TREATMENT FOR

                    INFERTILITY SHOULD BE A DECISION BETWEEN A DOCTOR AND THEIR PATIENT, AND

                    IT SHOULD BE MADE WITHOUT THE OBSTACLES OF RESTRICTIVE INSURANCE

                                         515



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    POLICIES.

                                 THANK YOU.  THIS BUDGET BILL WILL ELIMINATE THESE

                    OBSTACLES FOR -- FOR MANY NEW YORKERS, AND I VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MS. SIMOTAS IN THE

                    AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, IF WE GO TO

                    PAGE 4, RULES REPORT NO. 52, BUDGET BILL.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A02004-D, RULES

                    REPORT NO. 52, BUDGET BILL.  AN ACT MAKING APPROPRIATIONS FOR THE

                    SUPPORT OF GOVERNMENT.  (CAPITAL PROJECTS 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. BARCLAY.

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

                    WONDER IF THE CHAIRWOMAN WOULD YIELD?

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN, WILL

                                         516



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    YOU YIELD?

                                 MS. WEINSTEIN:  SURELY.  IT'S BEEN A WHILE SINCE

                    WE SPOKE.

                                 MR. BARCLAY:  IT HAS, CHAIRWOMAN.  I THINK

                    YOU'VE BEEN SPEAKING A LOT MORE THAN I HAVE RECENTLY.  JUST FOR THE --

                    COULD YOU ENLIGHTEN THE BODY JUST WHERE WE ARE IN THIS BUDGET PROCESS

                    RIGHT NOW?

                                 MS. WEINSTEIN:  OH, IN THE BUDGET PROCESS?  YES,

                    WE HAVE THIS CAPITAL PROJECTS BILL AND WE HAVE THE LEGISLATIVE --

                    LEGISLATURE/JUDI BILL, AND -- JUDICIARY -- AND THAT'S THE BILLS REQUIRED FOR

                    THE -- TO COMPLETE THE BUDGET.

                                 MR. BARCLAY:  I SEE ON MY DESK I HAVE THE

                    FINANCIAL PLAN.

                                 MS. WEINSTEIN:  YES.  YES.

                                 MR. BARCLAY:  MADAM CHAIRWOMAN, THAT'S GOOD.

                    THAT GIVES US A FULLER PICTURE.  JUST ONE QUICK QUESTION ON THIS BILL.  IN

                    THE HOUSING PART OF THIS PIECE OF LEGISLATION, YOU HAVE $72 MILLION FOR

                    THE GOVERNOR'S OFFICE OF STORM RECOVERY.  COULD YOU TELL ME HOW THIS

                    WORKS?  IS THIS FOR FUTURE STORMS THAT MAY HIT, OR DOES THIS COVER PAST

                    STORMS?

                                 MS. WEINSTEIN:  IT'S AN EXISTING PROGRAM TO HELP

                    WITH DISASTERS -- HELP PEOPLE WITH DISASTERS THAT HAPPENED AROUND THE

                    STATE.

                                 MR. BARCLAY:  IN THE TRANSPORTATION PART OF THIS

                    BUDGET, WE HAVE LEFT OUT THE EXTREME WINTER RECOVERY, WHICH WAS

                                         517



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    MONEY PROVIDED FOR UPSTATE LOCALITIES.

                                 MS. WEINSTEIN:  YES.

                                 MR. BARCLAY:  COULD YOU EXPLAIN TO ME WHY WE

                    HAVE $72 MILLION FOR THE OFFICE OF STORM RECOVERY, BUT WE GET RID OF

                    THE EXTREME -- EXTREME STORM RECOVERY -- OR EXCUSE ME, THE EXTREME

                    WINTER RECOVERY MONEY IN THIS BUDGET?

                                 MS. WEINSTEIN:  WELL, WE WERE NOT ABLE TO GET

                    AGREEMENT ON THE -- ON THE OTHER, BUT, YOU KNOW, WE'RE HOPING THAT

                    THERE'LL BE CONTINUED DISCUSSIONS CAPITAL.  THIS IS BASICALLY THE -- THE

                    GOVERNOR'S PROPOSAL WITH TWO VERY SMALL -- THIS BILL BEFORE US WITH JUST

                    TWO VERY SMALL CHANGES --

                                 MR. BARCLAY:  SO JUST --

                                 MS. WEINSTEIN:  -- ADDITIONS.

                                 MR. BARCLAY:  I'M SORRY, WHAT WAS THAT LAST PART

                    YOU SAID?  I'M SORRY.

                                 MS. WEINSTEIN:  THERE ARE JUST TWO SMALL

                    ADDITIONS TO THIS BILL OTHER THAT WHAT WAS PRESENTED TO US AS THE

                    GOVERNOR ORIGINALLY PRESENTED.

                                 MR. BARCLAY:  SO YOUR -- YOUR HOPE IS OUTSIDE

                    THIS BUDGET, THE EXTREME WINTER RECOVERY MAY GET SOMEHOW PUT BACK

                    IN BEFORE NEXT YEAR?

                                 MS. WEINSTEIN:  WE'RE -- WE ARE -- YOU KNOW,

                    TRADITIONALLY WE HAVE CAPITAL DISCUSSIONS THAT ARE ADDED TO THE -- THAT --

                    THAT RESULTS IN ADDITIONS TO THE CAPITAL PROJECTS BUDGET PRESENTED TO US

                    BY THE GOVERNOR; THAT DID NOT HAPPEN AS OF YET IN TERMS OF ADDITIONS.

                                         518



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    SO WE'RE -- CONVERSATIONS ABOUT CAPITAL ARE ONGOING, AND WE'LL CONTINUE

                    AND I'M HOPEFUL WE CAN GET SOME AGREEMENTS.

                                 MR. BARCLAY:  OKAY.  I HOPE SO, TOO.  THANK YOU,

                    CHAIRWOMAN.  THANKS FOR YOUR COURTESIES.

                                 MS. WEINSTEIN:  THANK YOU.

                                 MR. BARCLAY:  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MR. PALMESANO.

                                 MR. PALMESANO:  YES, ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. PALMESANO:  I JUST WANTED TO SPEAK A LITTLE

                    BIT ABOUT THE FACT -- I KNOW IT WAS JUST DISCUSSED THAT THERE IS NO

                    $65 MILLION IN EXTREME WINTER RECOVERY FUNDING OR $150 MILLION -- OR

                    ANY TYPE OF INCREASE IN THE CHIPS BASE AID WHATSOEVER.  I JUST WANT --

                    AND I -- AND I APPRECIATE THE COMMENTS BY THE CHAIRWOMAN SAYING THAT

                    THEY WANT TO TRY AND FIND ADDITIONAL CAPITAL FUNDING IN THE FUTURE, BUT AS

                    OF RIGHT NOW WE DON'T HAVE THAT.  SO I JUST KIND OF WANT TO SAY TO MY

                    COLLEAGUES, PARTICULARLY MY COLLEAGUES FROM UPSTATE NEW YORK, MY

                    COLLEAGUES FROM LONG ISLAND, AND YES, EVEN MY COLLEAGUES FROM NEW

                    YORK CITY, SO WHEN YOU'RE -- WHEN YOU'RE VOTING ON THIS BUDGET BILL

                    THAT HAS NO CHIPS INCREASE AND CUTS $65 MILLION FOR LOCAL

                    MUNICIPALITIES FOR LOCAL ROADS AND BRIDGES THROUGH THE WINTER

                    RECOVERY PROGRAM, I HOPE YOU KEEP IN MIND THAT 87 PERCENT OF THE

                    ROADS IN NEW YORK ARE OWNED AND MAINTAINED BY OUR LOCAL

                    MUNICIPALITIES.  FIFTY-TWO PERCENT OF THE 18,000 BRIDGES IN NEW YORK

                    ARE OWNED AND MAINTAINED BY OUR LOCAL MUNICIPALITIES.  FORTY-EIGHT

                                         519



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    PERCENT OF THE MILES DRIVEN ARE DRIVEN ON LOCAL ROADS.  ALSO, AS YOU

                    MAKE -- CAST THIS VOTE TO CUT $65 MILLION IN ASSISTANCE TO OUR LOCAL

                    MUNICIPALITIES FOR ROADS AND BRIDGES, I HOPE YOU KEEP IN MIND THERE ARE

                    STILL BILLIONS OF DOLLARS IN UNMET NEEDS ON OUR LOCAL ROADS, BRIDGES AND

                    CULVERTS.  AS YOU CAST THIS VOTE TO CUT $65 MILLION IN LOCAL FUNDING FOR

                    LOCAL INFRASTRUCTURE, I HOPE YOU KEEP IN MIND THAT THIS MORNING

                    THOUSANDS OF KIDS ARE GETTING PLACED ON SCHOOL BUSES ACROSS THE STATE

                    THAT ARE TRAVELING OVER LOCAL ROADS AND BRIDGES.  THAT FIRST RESPONDERS

                    ARE RESPONDING TO AN EMERGENCY IN YOUR LOCAL COMMUNITIES, GOING OVER

                    LOCAL ROADS AND BRIDGES.  THAT WHEN YOU CAST THIS VOTE NOW TO CUT $65

                    MILLION FOR OUR LOCAL INFRASTRUCTURE FOR THE WINTER RECOVERY PROGRAM

                    THAT YOU ARE PLACING MORE OF A BURDEN ON THE LOCAL PROPERTY TAXPAYER.

                    WHEN YOU CAST THIS VOTE TO CUT $65 MILLION FOR LOCAL INFRASTRUCTURE

                    TODAY, I HOPE YOU KEEP IN MIND THAT YOU -- YOU VOTED TO SPEND

                    $100 MILLION ANNUALLY FOR A TAXPAYER-FUNDED CAMPAIGN SYSTEM.  WHEN

                    YOU CAST THIS VOTE TO CUT $65 MILLION FOR LOCAL INFRASTRUCTURE TODAY, I

                    HOPE YOU KEEP IN MIND YOU VOTED TO SPEND $100 MILLION ANNUALLY FOR A

                    TAXPAYER-FUNDED CAMPAIGN SYSTEM.  WHEN YOU CAST THIS VOTE TO CUT $65

                    MILLION FOR LOCAL ROADS AND BRIDGES FOR LOCAL MUNICIPALITIES, YOU ARE

                    CASTING A VOTE TO ALSO SPEND $2.5- -- $2.4 BILLION ON THE SAM PROGRAM.

                    WHEN YOU CAST THIS VOTE TO CUT $65 MILLION FROM OUR LOCAL ROADS AND

                    BRIDGES, YOU HAVE ALREADY CAST A VOTE TO GIVE A $420 MILLION TAX CREDIT

                    TO HOLLYWOOD FOR THE FILM TAX CREDIT.  WHEN YOU CAST THIS VOTE TO CUT

                    $65 MILLION FROM OUR LOCAL ROADS AND BRIDGES AND CULVERTS THROUGH THE

                    WINTER RECOVERY PROGRAM, YOU HAVE ALREADY VOTED TO FREEZE THE STAR

                                         520



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    SAVINGS FOR OUR SENIORS AND OTHER SCHOOL TAXPAYERS, WHICH WILL RESULT IN

                    A CUT WHEN FULLY PHASED-IN OVER THE NEXT YEAR OF $119 MILLION CUT -- A

                    TAX INCREASE FOR OUR SENIORS AND FOR OTHER SCHOOL PROPERTY TAXPAYERS

                    BECAUSE OF THIS FREEZE.  WHEN YOU MAKE THIS VOTE TO CUT $65 MILLION IN

                    LOCAL FUNDING FOR OUR ROADS, BRIDGES AND CULVERTS, I HOPE YOU KEEP IN

                    MIND THAT YOU'RE VOTING TO SPEND BILLIONS OF DOLLARS ON THE MTA

                    DOWNSTATE.  WHEN YOU MAKE THIS CUT -- THIS VOTE TO CUT $65 MILLION

                    FROM OUR LOCAL ROADS AND BRIDGES, I HOPE YOU KEEP IN MIND THAT YOU

                    HAVE ALREADY PASSED AN UNFUNDED MANDATE ON TO OUR LOCAL COUNTIES

                    WITH THE -- AGREEING TO THE CHANGES TO THE AIM PROGRAM THAT TAKES THAT

                    MONEY FROM OUR COUNTIES RATHER THAN PUTTING THE DIRECT SUPPORT BACK.

                    YOU'VE ALREADY DONE THAT.  AND WHEN YOU MAKE THIS VOTE TO CUT $65

                    MILLION FROM THE LOCAL INFRASTRUCTURE FOR OUR WINTER RECOVERY PROGRAM,

                    I HOPE YOU REALIZE THAT, MY COLLEAGUES, YOU OWN THIS CUT.  YOU CAN'T

                    BLAME IT ON THE GOVERNOR.  YOU ARE VOTING FOR IT.  YOU HAVE TO EXPLAIN

                    IT.  YOU HAVE TO JUSTIFY, IT'S YOUR CUT.

                                 I CAN'T TELL YOU HOW VERY DISAPPOINTED I AM IN THIS

                    BUDGET, ESPECIALLY WHEN IT COMES TO -- TO OUR LOCAL ROADS AND BRIDGES.

                    IT'S VERY DISAPPOINTING.  IT'S VERY, VERY WRONG, AND YOU KNOW IT'S

                    WRONG.

                                 FOR THOSE REASONS AND MANY OTHERS, I'M GOING TO BE

                    VOTING NO ON THIS BILL AND I URGE MY COLLEAGUES TO DO THE SAME.  THANK

                    YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MR. DIPIETRO.

                                         521



                    NYS ASSEMBLY                                                    MARCH 31, 2019

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

                    SPONSOR YIELD?

                                 MS. WEINSTEIN:  YES.

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN

                    YIELDS.

                                 MS. WEINSTEIN:  YES.  BE HAPPY TO.

                                 MR. DIPIETRO:  JUST ONE QUESTION ON THE LIBRARY

                    AID.  I WAS UNDER -- I GUESS I HAD TALKED TO A NUMBER OF PEOPLE BOTH UP

                    IN THE SENATE AND HERE ON -- ON YOUR SIDE OF THE AISLE WHO WERE -- WHO

                    WERE SUPPORTING THE LIBRARY FUNDING, SO I WAS -- I REALLY THOUGHT THE

                    LAST MINUTE IT WAS GOING TO BE PUT IN, BACK INTO THE BILL AND IT'S NOT.

                    CAN YOU TELL ME, JUST HONESTLY, WAS THAT A GOVERNOR -- GOVERNOR CUT, OR

                    WAS THAT SOMETHING THAT CAME OUT OF OUR -- OUR -- OUR CONFERENCE ON

                    YOUR SIDE?

                                 MS. WEINSTEIN:  WE -- YOU KNOW, AS I MENTIONED,

                    THIS IS THE GOVERNOR'S BUDGET THAT WE HAVE BEFORE US.  WE -- HE CUT

                    LIBRARY -- HE CUT LIBRARY CAPITAL.  WE TRIED RESTORING AND WE WERE NOT

                    SUCCESSFUL.  BUT AS I SAID TO MR. BARCLAY, THE DISCUSSION ABOUT THE

                    CAPITAL WILL CONTINUE AFTER THIS BUDGET IS ADOPTED.

                                 MR. DIPIETRO:  OKAY, THANK YOU.  APPRECIATE IT.

                                 ON THE BILL, SIR.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. DIPIETRO:  I TOLD LIBRARY -- MY LIBRARY PEOPLE

                    AND ANYONE ELSE IN THE LIBRARY SYSTEM LAST YEAR AFTER THEY GOT A -- A

                    NOMINAL INCREASE, SAID THE GOVERNOR AFTER HIS ELECTION IS GOING TO CUT

                                         522



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    YOU AGAIN AND IT WAS PROVEN RIGHT.  HIS MODUS OPERANDI IS VERY STRONG

                    WHEN IT COMES TO THE DISABLED, OUR MOST NEEDY COMMUNITY, AND ALSO

                    LIBRARIES, FOR SOME REASON.  HE HAS SOMETHING IN HIS HEAD THAT HE DOES

                    NOT WANT TO FUND THEM.  AND AGAIN, WE PREDICTED THIS LAST YEAR.  NOT

                    THAT I'M A SOOTHSAYER, BUT I TOLD THEM TO WATCH THEIR PENNIES BECAUSE

                    HE'S GOING TO CUT THEM AGAIN.  AND HE DID, AND THAT'S UNFORTUNATE.

                    LIBRARIES ARE THE -- ESPECIALLY OUT -- I THINK IN EVERY DISTRICT THEY'RE THE

                    HUB OF YOUR COMMUNITY, THEY ARE THE LIFEBLOOD OF YOUR COMMUNITY.

                    THAT'S WHERE EVERYBODY GATHERS, THAT'S WHERE THE TECHNOLOGY IS, THAT'S

                    WHERE PEOPLE GO.  THEY'RE MORE THAN JUST BOOKS, AND THEY'RE VERY

                    IMPORTANT.  AND I'M JUST SAD TO SEE THAT FOR A LOUSY $14 MILLION IN THIS

                    BUDGET, IT'S NOT EVEN -- NOT EVEN A -- A DROP IN THE OCEAN THAT WE

                    COULDN'T STAND TALL, WE COULDN'T PUT OUR BACKS UP AGAINST THE WALL TO THE

                    GOVERNOR AND SAY, YOU KNOW WHAT?  ON SOMETHING LIKE THIS, GOVERNOR,

                    WE'RE NOT GOING TO CAPITULATE, WE'RE NOT GOING TO BACK DOWN, AND IT'S

                    NOT A BARGAINING CHIP.  PUT THE MONEY BACK IN.  AND I'M REALLY

                    DISAPPOINTED IN OUR GOVERNOR AND ON SOME OTHER PEOPLE THAT DIDN'T

                    HAVE THE BACKBONE TO STAND UP FOR THE LIBRARIES.  SO I'M -- I'M -- THAT'S

                    ONE THING I'M DISAPPOINTED.

                                 AND I JUST WANT TO REITERATE MY -- MY COLLEAGUE'S

                    COMMENTS ALSO ON THE CHIPS FUNDING.  WE SIT HERE EVERY YEAR AND WE

                    TRY TO -- WE TRY TO BEG FOR CRUMBS FOR OUR INFRASTRUCTURE.  CAN WE GET A

                    COUPLE MILLION MORE DOLLARS ON A $175 MILLION BUDGET WHEN EVERYONE

                    USES THE ROADS.  IT'S OUR -- OUR MAJOR FORM OF SAFETY.  THERE'S NO REASON

                    OUR ROADS SHOULD BE IN THE -- IN THE SHAPE THEY ARE, ESPECIALLY UP IN

                                         523



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    WESTERN NEW YORK.  AND I WOULD -- I PUT IN A BILL AND I'D LIKE TO SEE IT

                    NEXT YEAR THAT WE JUST SAY NO TO THE GOVERNOR, AND WE'RE GOING INCREASE

                    OUR CHIPS FUNDING TO $1 BILLION.  WE'RE GOING TO DOUBLE THE CHIPS

                    FUNDING AND GET THESE ROADS RIGHT, BECAUSE TOO MANY PEOPLE -- THE

                    INSURANCE CLAIMS ON JUST THE POTHOLES, AS YOU SEE THE COMMERCIALS.

                    POTHOLES ARE SO BAD THAT THEY'RE DOING THOUSAND -- $100,000

                    COMMERCIALS ON THEM.  SO THAT -- THAT SHOULD TELL YOU ALL YOU NEED TO

                    KNOW.  SO I'D LIKE TO SEE OUR -- OUR CHIPS FUNDING GO TO $1 BILLION

                    NEXT YEAR AND END THIS SO THAT OUR -- OUR PEOPLE CAN FINALLY HAVE THE

                    MONEY TO FIX THE ROADS AND START -- START GETTING THEM RIGHT.

                                 BETWEEN THAT AND THE LIBRARY FUNDING, THAT'S A MAJOR

                    DISAPPOINTMENT.  I'LL BE VOTING NO AND I'D -- I'D ENCOURAGE ALL MY

                    COLLEAGUES TO VOTE NO.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. RA TO EXPLAIN HIS VOTE.

                                 MR. RA:  JUST AS A POINT OF CLARIFICATION, THIS IS NOT

                    WHAT WE MEANT WHEN WE SAID WE SHOULD PASS A BUDGET IN THE LIGHT OF

                    DAY.  I VOTE NO.

                                 (LAUGHTER)

                                 ACTING SPEAKER AUBRY:  POINT WELL-TAKEN, MR.

                    RA.

                                         524



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MR. EPSTEIN TO EXPLAIN HIS VOTE.

                                 MR. EPSTEIN:  THANK YOU, MR. SPEAKER.  I RISE TO

                    EXPLAIN MY VOTE.  I'M REALLY DISTRESSED THAT WE'RE HERE TALKING ABOUT

                    CAPITAL WHEN WE HAVEN'T DEALT WITH THE ISSUES OF NYCHA.  NYCHA

                    NEEDS MILLIONS OF DOLLARS, AND WE HAVE NOTHING IN THE BUDGET FOR

                    NYCHA.  SUNY, CUNY NEEDS ALL OUR MONEY AND THERE'S NOTHING IN

                    THE BUDGET.  AND I APPRECIATE THAT WE RAN OUT OF TIME, BUT I CAN'T IN

                    GOOD CONSCIENCE GO FORWARD WITH A CAPITAL BUDGET WITHOUT THE

                    PRIORITIES.

                                 I'LL BE VOTING NO ON THIS.

                                 ACTING SPEAKER AUBRY:  MR. EPSTEIN IN THE

                    NEGATIVE.

                                 MR. OTIS TO EXPLAIN HIS VOTE.

                                 MR. OTIS:  WELL, I'M SUPPORTING THIS CAPITAL PROJECTS

                    BUDGET, BUT OUR UNDERSTANDING IS AS IT RELATES TO THE ISSUE MY COLLEAGUE

                    MENTIONED AND OTHERS, THAT THERE'S GOING TO BE FURTHER CAPITAL BUDGET

                    DISCUSSION AFTER THIS BUDGET IS ADOPTED HERE LATER IN SESSION, SO THERE'S

                    HOPE ON A LOT OF ISSUES.  ONE THING I WOULD LIKE TO POINT OUT IS THAT THE

                    BUDGET BILL THAT WE'RE VOTING ON TODAY INCLUDES THE $500 MILLION FOR

                    CLEAN WATER PROJECTS AROUND THE STATE.  THE FIRST PAYMENT ON $2.5

                    BILLION OVER THE NEXT FIVE YEARS.  THAT'S A GOOD THING FOR EVERYBODY

                    HERE IN THIS ROOM, AND SOMETHING WE CAN BE HAPPY ABOUT.

                                 THANK YOU.

                                 ACTING SPEAKER AUBRY:  ARE THERE ANY OTHER

                    VOTES?  ANNOUNCE THE RESULTS.

                                         525



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MRS. PEOPLES-STOKES.

                                 THE BILL IS PASSED.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, IF WE

                    COULD GO TO RULES REPORT NO. 51, IT IS A BUDGET BILL, A LEGISLATURE AND

                    JUDICIARY BUDGET.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A02001-A, RULES

                    REPORT NO. 51, BUDGET BILL.  AN ACT -- AN ACT MAKING APPROPRIATIONS

                    FOR THE SUPPORT OF GOVERNMENT, LEGISLATURE AND JUDICIARY 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:  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. PHILLIP STECK TO EXPLAIN HIS VOTE.

                                 MR. STECK:  THANK YOU VERY MUCH, MR. SPEAKER.  I

                    DO WANT TO POINT OUT THAT USING THE OFFICE OF COURT ADMINISTRATION'S

                                         526



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    OWN DATA THAT COURT FILINGS HAVE DECREASED 41 PERCENT FROM 2008 TO

                    2017 AND, YET, DURING THE SAME TIME PERIOD WE'VE INCREASED THE

                    JUDICIARY BUDGET BY $700 MILLION.  I DON'T FIND THIS PARTICULARLY

                    APPROPRIATE, GIVEN ALL THE HUMAN NEEDS THAT WE HAVE.  MUCH HAS BEEN

                    WRITTEN ON THE JUDICIARY BUDGET.  SOME HAVE SAID THAT IT'S THE MOST

                    EXPENSIVE JUDICIARY IN THE ENTIRE WORLD.  I WOULD POINT OUT, TOO, THAT

                    THE -- THAT THE -- WE HAVE A PROBLEM IN SCHENECTADY, WHERE FILINGS HAVE

                    BEEN DOWN, THE MAYOR HAS TRIED TO REDUCE THE NUMBER OF JUDGES FROM

                    FOUR TO THREE IN CITY COURT, AND WE GET RESISTANCE FROM OCA FOR

                    ABSOLUTELY NO REASON.

                                 THERE'S A LOT OF THINGS GOING ON IN THE JUDICIARY.  I

                    THINK THIS BODY NEEDS TO GIVE THIS TOPIC A LITTLE MORE SCRUTINY.  THE

                    NEW YORK LAW JOURNAL REPORTED THAT THE COURT OF APPEALS HAS HEARD

                    THE FEWEST CRIMINAL CASES IN THE LAST 15 YEARS.  IN OUR 3RD JUDICIAL

                    DISTRICT, THE SEVEN COUNTY AREA, WE TYPICALLY HAVE ABOUT 15 CIVIL TRIALS A

                    YEAR.  AND I DID LOOK AT SOME OF THE STATISTICS FOR SOME OF THE OTHER

                    COUNTIES THAT ARE SUPPOSED TO HAVE QUITE A BIT OF CONGESTION, RESEARCH

                    DONE BY A FORMER BAR PRESIDENT, SHOWED THAT FELONY FILINGS, EVEN IN THE

                    BRONX, WERE SUBSTANTIALLY DOWN OVER THAT SAME TIME PERIOD, AS WERE

                    CIVIL FILINGS.

                                 I WOULD URGE THAT WE NOT GIVE THIS -- THIS TOPIC IN THE

                    FUTURE JUST COMPLETE LEEWAY WITHOUT SCRUTINY.  THERE'S A LOT THERE TO BE

                    LOOKED AT, AND I HOPE WE WILL UNDERTAKE THAT TASK.  THANK YOU VERY

                    MUCH.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                         527



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MS. WEINSTEIN TO EXPLAIN HER VOTE.

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

                    SO, WHEN WE STARTED OUR LAST WAYS AND MEANS MEETING, WE HAD A LITTLE

                    MUSICAL INTERLUDE WHERE I PLAYED US SOME BARS OF A HARD DAY'S NIGHT.

                    WELL, OVER THESE PAST WEEKS I'VE HEARD THROUGH THE -- WHERE THE WAYS

                    AND MEANS STAFF ARE SUNRISE -- THE LYRICS OF SUNRISE SUNSET.  SUNRISE

                    SUNSET.  SWIFTLY FLOW THE DAYS.  BECAUSE OUR STAFF -- OUR WAYS AND

                    MEANS STAFF, OUR P&C STAFF, OUR CENTRAL STAFF HAVE WORKED SO HARD

                    OVER THESE PAST WEEKS TO BRING US TO WHERE WE ARE TODAY.  WE HAVE

                    THANKED THEM AT VARIOUS TIMES, BUT I -- I JUST WANTED TO TAKE A MOMENT

                    TO THANK ALL OF THE STAFF JUST -- IT WOULD TAKE US -- IF IT WAS A LITTLE EARLIER

                    IN THE DAY, I MIGHT NAME THEM ALL, BUT I'LL JUST NAME -- JUST HIGHLIGHT THE

                    LEADERS.  OUR SECRETARY, BLAKE WASHINGTON.

                                 (APPLAUSE)

                                 AND HIS TWO DEPUTIES, PHIL FIELDS AND --

                                 (APPLAUSE)

                                 AND SEAN O'KEEFE.

                                 (APPLAUSE)

                                 AND ALL OF -- YOU KNOW, ONE DAY WE'LL TAKE SOME TIME

                    AND I'LL READ THROUGH ALL THE NAMES OF -- OF THESE -- THE WAYS AND

                    MEANS STAFF WHO WORKED SO HARD TO BRING US WHERE WE ARE TODAY.

                                 AND, OF COURSE, I WANT TO THANK MR. BARCLAY

                    THROUGHOUT THIS PROCESS, BEGINNING AT THE HEARINGS AND THROUGH THE

                    DEBATES ON THE -- ON THE BILLS.  WE'VE --

                                 (APPLAUSE)

                                         528



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 -- REALLY APPRECIATE HIS SUPPORT.

                                 (APPLAUSE)

                                 AND, MR. SPEAKER, I WOULD LIKE TO VOTE YES ON THIS

                    BILL.

                                 ACTING SPEAKER AUBRY:  MS. WEINSTEIN IN THE

                    AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.


                    SPEAKER.  IF WE CAN FINALLY GO TO PAGE 3, RESOLUTIONS, ASSEMBLY NO.

                    243, COMMITTEE ON RULES.

                                 ACTING SPEAKER AUBRY:  PAGE 3, RULES REPORT


                    -- ASSEMBLY RESOLUTION NO. 243.  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 243,

                    COMMITTEE ON RULES.  CONCURRENT RESOLUTION OF THE SENATE AND

                    ASSEMBLY FIXING THE SALARIES OF OFFICES OF THE GOVERNOR AND THE

                    LIEUTENANT GOVERNOR PURSUANT TO SECTION 3 AND 6 OF ARTICLE IV OF THE

                    CONSTITUTION OF THE STATE OF NEW YORK.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 (LAUGHTER)

                                 MRS. PEOPLES-STOKES.

                                         529



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 MRS. PEOPLES-STOKES:  SINCE THIS WILL BE THE

                    LAST VOTE OF THE DAY AND THE MORNING, SO IF WE COULD PROPERLY TAKE A

                    VOTE SO THAT WE CAN MOVE FORWARD --

                                 (LAUGHTER)

                                 -- I WOULD APPRECIATE IT.  THANK YOU, COLLEAGUES.

                                 SPEAKER HEASTIE:  ARE THERE ANY OTHER VOTES?

                    ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE RESOLUTION IS ADOPTED.

                                 SO, I KNOW THE DAY HAS BEEN LONG, WE'VE BEEN HERE FOR

                    ALMOST 24 HOURS, BUT I JUST WANTED TO SAY A -- A COUPLE OF THINGS.  YOU

                    KNOW, WHEN -- WHEN WE ALL RUN FOR OFFICE, WE ALL SAY THAT WE WANT TO

                    CHANGE THE WORLD, AND WE TELL THAT TO OUR CONSTITUENTS, THAT WE'RE GOING

                    TO CHANGE THE WORLD.  BUT I ALWAYS FEEL LIKE THE REAL JOB FOR US, AS I'VE

                    SAID MANY TIMES BEFORE, IS JUST TRY TO MAKE THE WORLD A LITTLE BIT BETTER

                    WHEN WE OCCUPY THESE SEATS THAT WE HAVE BEEN GIVEN THE PRIVILEGE BY

                    OUR CONSTITUENTS TO -- TO GIVE US.

                                 AND I KNOW SOMETIMES IT MAY SEEM LIKE WE DIDN'T DO

                    ENOUGH.  IT REMINDS OF THE TIME I WOULD COME HOME WITH A 97 ON MY

                    REPORT CARD AND MY FATHER WOULD SAY, WELL, HOW COME YOU DIDN'T GET A

                    100?  BUT BACK THEN, I REMEMBERED WHY MY FATHER SAID THAT.  HE DIDN'T

                    SAY THAT TO ME BECAUSE HE DIDN'T THINK I DIDN'T DO GOOD ENOUGH, HE SAID

                    THAT TO ME BECAUSE HE DIDN'T WANT ME TO SETTLE AND HE WANTED ME TO

                    CONTINUE TO TRY HARDER.

                                 AND SOMETIMES WE DO TRY HARD, AND SOMETIMES WE

                                         530



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    DON'T GET EXACTLY TO WHERE WE WANT TO GET.  AND I'LL BE THE FIRST ONE TO

                    SAY THAT THIS IS NOT A GREAT BUDGET.  THERE'S NOT A LOT OF HAPPINESS IN THIS

                    BUDGET.  THERE'S A LOT THINGS THAT ARE MISSING IN THIS BUDGET.  BUT WE

                    DID THE BEST THAT WE COULD.  AND I WANT TO THANK THE MEMBERS, WHO

                    EVEN KNEW -- EVEN THOUGH WE KNOW THAT THIS IS NOT ONE OF THE BEST

                    BUDGETS THAT WE DID, THAT YOU DID THE BEST THAT YOU COULD FOR YOUR

                    CONSTITUENTS, AND EVEN HELD -- HAD TO HOLD YOUR NOSE AND VOTE ON SOME

                    PARTS OF THIS BUDGET.  IT WAS A TOUGH ONE.  THERE WASN'T A LOT OF GOOD

                    THINGS IN HERE.  BUT I'VE GOT TO SAY, ONE OF THINGS THAT IS -- BECAUSE

                    PARTICULARLY FOR ME WHEN I FIRST BECAME SPEAKER, I SAID THE MOST

                    IMPORTANT THING, I COULD DO ANY OTHER THING, I SAID BUT I FELT LIKE MY

                    SPEAKERSHIP WOULD BE IN VAIN IF WE DIDN'T REFORM THE CRIMINAL JUSTICE

                    SYSTEM HERE IN THE STATE OF NEW YORK.

                                 (APPLAUSE)

                                 AND SO, I WANT TO THANK ALL OF MY COLLEAGUES AND, YOU

                    KNOW, TO -- TO THE SPEAKER PRO TEM, JEFF AUBRY, WHO I'VE ALWAYS

                    CALLED THE -- THE GODFATHER OF -- OF CRIMINAL JUSTICE REFORM, AND THEN I

                    CALL UNCLE JOE, UNCLE JOE LENTOL, WHO, AS I SAID, WAS A LEADER ON MANY

                    OF THESE ISSUES BEFORE ANYBODY KNEW WHAT THESE ISSUES WERE ABOUT,

                    EVEN BEFORE I KNEW HOW IMPORTANT THESE ISSUES WERE, JOE LENTOL WAS

                    LEADING THE WAY ON THIS.

                                 (APPLAUSE)

                                 SO, I WANT TO THANK, OF COURSE, AND SHE WAS A ROCK STAR

                    TODAY, THAT ASSEMBLYWOMAN FROM BROOKLYN WHO DID A WONDERFUL JOB

                    TALKING ABOUT HOW IMPORTANT IT WAS TO REFORM THE BAIL SYSTEM.  AND WE

                                         531



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    STILL HAVE WORK TO DO, BECAUSE WE GOT "THIS CLOSE" TO IT BEING A CASHLESS

                    SYSTEM, BUT WE ARE GOING TO GET TO THE FINISH LINE TO MAKE IT A -- A

                    COMPLETELY CASHLESS BAIL SYSTEM.

                                 SO, LATRICE, I WANT TO THANK YOU.  YOU DID A HELL OF A

                    JOB ON WHAT YOU DID TODAY.

                                 (APPLAUSE)

                                 AND JUST ONE OTHER THING, AND I KNOW MANY OF US

                    DIDN'T LIKE HOW WE GOT THERE AND -- BUT IT WAS AN IMPORTANT THING, I

                    THINK, FOR OUR CONSTITUENTS.  AND I HAD SAID TO OUR MEMBERS IN THE

                    CONFERENCE THAT IF WE HAD LEFT THIS BUDGET SESSION -- THIS BUDGET

                    SESSION WITHOUT GIVING THE MTA A LONG-TERM SUSTAINABLE ABILITY TO

                    FUND AND REPAIR THE SYSTEM, THAT IT WOULD HAVE LOOKED BADLY UPON US.

                    AND I KNOW IT WAS TOUGH FOR SOME PEOPLE.  AND I KNOW SOME PEOPLE

                    STILL DON'T LIKE IT.  BUT AT LEAST WE CAN GO HOME AND SAY WE GAVE THE

                    MTA THE OPPORTUNITY TO RIGHT ITSELF.  BECAUSE WHEN WE GO HOME, WE

                    WANT TO MAKE SURE THAT OUR CONSTITUENTS HAVE THE ABILITY TO GET TO WORK

                    AND NOT HAVE TO WORRY ABOUT DELAYS, AND NOT HAVE TO WORRY ABOUT THE

                    TRAIN BEING STUCK, OR THE SIGNALS NOT WORKING.  SO, I WANT TO THANK

                    EVERYBODY FOR -- AGAIN, IT WAS A TOUGH ISSUE.  TEN YEARS AGO, I THINK IT

                    WAS JUST EIGHT OF US IN THE ASSEMBLY WHO SUPPORTED CONGESTION

                    PRICING, AND SO I KNOW IT TOOK A LONG AND HARD WAY TO GET THERE, BUT AT

                    LEAST THE MTA HAS THE ABILITY TO DO WHAT'S RIGHT FOR OUR CONSTITUENTS.

                                 SO, I JUST, LASTLY, WANT TO THANK, AGAIN, OUR WONDERFUL

                    CHAIR OF WAYS AND MEANS, HELENE WEINSTEIN, WHO STOOD UP HERE AND

                    -- AND DEBATED --

                                         532



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 (APPLAUSE)

                                 YOU KNOW I LIKE TO USE SPORTS METAPHORS, BUT SHE

                    LOOKED LIKE A GREAT QUARTERBACK OUT THERE HANDING IT OFF TO EVERYBODY

                    ELSE WHO NEEDED TO DEBATE ON DIFFERENT PARTS OF -- OF THE BUDGET.

                                 AND, AGAIN, OUR -- SHE'S STILL NEW, BUT SHE'S ALREADY

                    ACTING LIKE A VETERAN, OUR MAJORITY LEADER, CRYSTAL PEOPLES-STOKES.

                                 (APPLAUSE)

                                 AND ALL THE COMMITTEE CHAIRS, IT -- IT'S TOO NUMEROUS

                    TO NAME THEM, BUT I LOVE YOU ALL, YOU -- YOU MAKE US PROUD.  YOU DO

                    WHAT -- YOU DO GREAT WORK.  YOU REPRESENT YOUR -- YOUR COMMITTEES

                    WELL, YOU REPRESENT THE ASSEMBLY MAJORITY WELL.

                                 AND I WANT TO SAY TO MINORITY LEADER BRIAN KOLB AND

                    WILL BARCLAY AND OUR FRIENDS ON THE OTHER SIDE OF THE AISLE, LIKE I SAID,

                    ALL -- ALTHOUGH WE HAVE PHILOSOPHICAL DIFFERENCES, SOME OF YOU ARE

                    GOOD GUYS -- NO, I'M KIDDING --

                                 (LAUGHTER)

                                 -- ALL OF YOU -- NO, I'M KIDDING.  IT'S -- BRIAN,

                    PARTICULARLY WITH YOU, I -- I COULDN'T IMAGINE A BETTER RELATIONSHIP WITH

                    SOMEONE WHO'S SUPPOSED TO BE AN -- AN ADVERSARY.  AND I REALLY COULD

                    SAY, EVEN THOUGH YOU ARE OF THE OTHER PARTY, I TRULY CONSIDER YOU A

                    FRIEND.

                                 (APPLAUSE)

                                 AND THEN FINALLY, I JUST WANT TO RUN THROUGH -- AND I

                    KNOW HELENE STARTED TO MENTION THE WONDERFUL STAFF, BUT I JUST REALLY

                    WANT TO RUN THROUGH IT AGAIN AND -- AND POOR BLAKE, HE HASN'T HAD ANY

                                         533



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    SLEEP IN -- IN THREE DAYS.  BUT BLAKE WASHINGTON, THE DEDICATED WAYS

                    AND MEANS STAFF, LOUANN CICCONE, AND THE ENTIRE PROGRAM AND COUNSEL

                    STAFF, OUR COUNSELS, KATHLEEN O'KEEFE, HOWARD VARGAS AND JOANNE

                    BARKER, BRIAN COYNE AND OUR ENTIRE LEGISLATIVE SERVICES TEAM, RANDY

                    BLUTH IN THE BILL DRAFTING, OUR INTERGOVERNMENTAL PRESS OFFICE, CIS,

                    WAYNE JACKSON --

                                 (APPLAUSE)

                                 -- AND OUR SERGEANT-AT-ARMS.

                                 (APPLAUSE)

                                 JOHN WELLSPEAK AND HIS TEAM AND -- AND ALL OF THE --

                    THE STAFF THAT ARE WITH ME HERE IN ALBANY --

                                 (APPLAUSE)

                                 -- AND IN THE DISTRICT.  I KNOW WE HAVE PAUL UPTON

                    HERE AND WE HAVE ISA LEAVING, I HAVE RAVEN BROWN, WHO CAME UP FROM

                    THE -- THE OFFICE IN THE -- IN THE CITY, AND ALL THE ASSEMBLY SUPPORT

                    STAFF, THANK YOU FOR REALLY MAKING THE ASSEMBLY WHO WE ARE AND WHAT

                    WE ARE.  AND LIKE I SAID, I ALWAYS GET A -- A BIG KICK OUT OF ALWAYS THE

                    WEEKEND BEFORE WE HAVE TO GET TO A BUDGET, I DO LIKE TO COME UP AND

                    VISIT THE STAFF AND -- AND ACTUALLY SURPRISE THEM AND JOKE AROUND WITH

                    THEM, BUT REALLY LET THEM KNOW THAT -- HOW MUCH THEY MEAN TO US

                    BECAUSE WITHOUT THEM, THE ASSEMBLY WOULD NOT BE THE GREATEST

                    INSTITUTION IN THE STATE OF NEW YORK.

                                 (APPLAUSE)

                                 SO, THANK YOU ALL.  GO HOME, GET SOME REST.

                                 (APPLAUSE)

                                         534



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                                 AND I WILL NOW SAY AND CALL ON OUR WONDERFUL

                    MAJORITY LEADER, CRYSTAL PEOPLES-STOKES.

                                 (APPLAUSE)

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR. SPEAKER

                    --

                                 SPEAKER HEASTIE:  OH, NO.  I'M SORRY.  I'M SORRY,

                    CRYSTAL.  I NEED TO CALL ON --

                                 MRS. PEOPLES-STOKES:  MR. KOLB.

                                 SPEAKER HEASTIE:  DEALER'S CHOICE.

                                 MRS. PEOPLES-STOKES:  WELL, SINCE I'M ALREADY

                    STANDING --

                                 SPEAKER HEASTIE:  OKAY.

                                 MRS. PEOPLES-STOKES:  I WANT TO TAKE THIS

                    OPPORTUNITY, MR. SPEAKER, TO THANK YOU FOR ALLOWING ME THE

                    OPPORTUNITY TO SERVE AS MAJORITY LEADER.  ONE NEVER WOULD'VE THOUGHT

                    THAT I WOULD'VE ENDED UP HERE, NOT ANYBODY IN MY CURRENT BACKGROUND

                    OR MY LONG-TERM BACKGROUND.  AND SO, FOR ME IT'S BEEN A GREAT

                    PLEASURE.  I WILL SAY, THOUGH, IT'S BEEN TRIAL BY FIRE.  FROM DAY ONE, WE

                    CAME INTO THESE CHAMBERS AND STARTED PASSING LEGISLATION THAT WE HAD

                    BEEN WORKING ON FOR YEARS AND HAD IT PASSED IN THE SENATE AND HAD IT

                    SIGNED BY THE GOVERNOR, AND SO IT'S JUST BEEN A VERY FAST-PACED

                    OPPORTUNITY TO SERVE, ONE THAT I REALLY RELISH IN.

                                 AND THIS WHOLE BUDGET PROCESS, I WANT TO COMMEND

                    YOU ON THE WAY YOU TRY TO MAKE SURE THAT EVERYBODY GOT INCLUDED WHEN

                    THERE WAS NOT A LOT TO BE SHARED.  I -- I THINK THAT OUR MEMBERS SHOULD

                                         535



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    APPRECIATE YOUR LEADERSHIP FOR THAT, BECAUSE IT WOULD'VE BEEN VERY EASY

                    JUST TO SAY NO TO SOME OF THESE THINGS THAT WERE NECESSARY.  IT'S VERY

                    HARD TO DO A LOT WITH A LITTLE.  I KNOW THAT FROM MY -- MY FAMILY

                    GROWING UP, I KNOW THAT FROM MY OWN BACKGROUND.  EVERY NOW AND

                    THEN YOU'D LIKE TO SEE MORE IN YOUR LIFE, AND -- BUT YOU JUST DON'T HAVE

                    THE RESOURCES TO DO IT.  SO, I WANT TO COMMEND YOU FOR YOUR EFFORTS

                    THERE.

                                 IT'S BEEN A TRUE PLEASURE TO WORK WITH MR. KOLB AND

                    MY COLLEAGUES ON THE OTHER SIDE OF THE AISLE.  FOLKS KNOW I GREW UP

                    WITH REPUBLICANS SITTING AT MY DINNER TABLE, IT WAS MY MOTHER.  AND

                    IT'S -- IT'S ALWAYS BEEN A DELIGHTFUL EXPERIENCE, MY FATHER WAS ALWAYS A

                    DEMOCRAT.  SO, I -- I THINK THAT IT'S EASY TO DEVELOP RELATIONSHIPS WITH

                    PEOPLE WHEN YOU CAN JUST UNDERSTAND THAT WE ALL WANT THE SAME THING,

                    WE WANT THE BEST FOR OUR CONSTITUENCY.  SO, I THINK WE'VE DONE A GREAT

                    JOB HERE.

                                 AND I CAN'T SPEAK ENOUGH ABOUT THIS GENTLEMAN SITTING

                    HERE, RIGHT HERE ON MY LEFT, BRIAN COYNE.  I MEAN, TALK ABOUT BEING A --

                    THE CAPTAIN OF A SHIP.

                                 (APPLAUSE)

                                 THIS GUY -- THIS GUY AND THE AWESOME STAFF THAT HE

                    WORKS WITH ARE -- ARE PHENOMENAL.  THEY DON'T ALLOW YOU TO MISS A

                    BEAT, AND FOR THAT I AM ETERNALLY GRATEFUL.

                                 IT'S BEEN A PLEASURE TO SERVE YOU IN THIS POSITION, MY

                    COLLEAGUES.  I WANT TO THANK YOU ALL INDIVIDUALLY AND COLLECTIVELY FOR

                    YOUR WILLINGNESS TO WORK WITH ME AS I WORK THROUGH THIS PROCESS OF

                                         536



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    LEARNING HOW TO BE THE MAJORITY LEADER IN THE NEW YORK STATE

                    ASSEMBLY.

                                 THANK YOU, SIR.

                                 (APPLAUSE)

                                 SPEAKER HEASTIE:  THANK YOU.

                                 AND NOW WE CALL ON MR. KOLB.

                                 MR. KOLB:  THANK YOU, MR. SPEAKER.  GOOD

                    MORNING, EVERYONE.

                                 MEMBERS:  GOOD MORNING.

                                 MR. KOLB:  OKAY.  A COUPLE OF PARTS, I SHOULD BE

                    ABLE TO WRAP THIS UP BY 8:00, SO BEAR WITH ME.

                                 (LAUGHTER)

                                 FIRST OF ALL, I'D LIKE TO EXTEND A GENUINE THANK YOU AND

                    APPRECIATION AND ACKNOWLEDGMENT STARTING WITH OUR BRAND NEW WAYS

                    AND MEANS RANKER, WILL BARCLAY, WHO I THINK DID AN ABSOLUTE

                    AWESOME JOB LEADING OUR CONFERENCE.

                                 (APPLAUSE)

                                 SECOND OF ALL, MR. BARCLAY AND OUR CONFERENCE COULD

                    NOT DO WHAT WE DO IN TERMS OF CARRYING ON WHAT I -- I REALLY BELIEVE IS

                    LEGITIMATE PUBLIC POLICY DEBATE, WE'RE NOT ALWAYS GOING TO AGREE, THAT'S

                    OBVIOUS, YOU COULD TELL THAT BY THE DEBATE, OUR QUESTIONS AND -- AND THE

                    GOING BACK AND FORTH, BUT PART OF WHAT MAKES US WHO WE ARE AS A

                    CONFERENCE AS MEMBERS, IS HAVING A DEDICATED, LOYAL, HARDWORKING,

                    INTELLIGENT, WONDERFUL GROUP OF PEOPLE THAT WE REFER TO COMMONLY AS

                    OUR "STAFF", NOT -- IN WAYS AND MEANS, BUT IN THE ENTIRE ASSEMBLY

                                         537



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    REPUBLICAN CONFERENCE, I JUST WANT TO ACKNOWLEDGE EACH AND EVERY

                    ONE OF THE MEN AND WOMEN THAT HAVE DONE SUCH A TERRIFIC JOB FOR US.

                    THANK YOU, AND WE LOVE YOU.

                                 (APPLAUSE)

                                 A COUPLE OF THINGS I'D LIKE TO MENTION ON THE POLICY

                    FRONT, AND THEN I'LL CLOSE WITH A COUPLE OTHER ACKNOWLEDGMENTS.

                                 FIRST OF ALL, LADIES AND GENTLEMEN, THIS IS NOT THE WAY

                    TO DO THE PUBLIC'S BUSINESS.  WE UNDERSTAND THAT THERE'S DIFFICULTIES,

                    TRYING TO GET AGREEMENTS WITH BOTH HOUSES OF THE LEGISLATURE AND THE

                    GOVERNOR, IN PARTICULAR THE GOVERNOR.  WE GET THAT.  BUT I WOULD ALSO

                    TELL YOU THAT I WAS HOPING THAT WE WOULD LEARN THAT DOING BUSINESS IN

                    THE LIGHT OF DAY, ALL DAY, IS THE WAY TO CRAFT $170 BILLION BUDGET THAT

                    AFFECTS SO MANY LIVES IN OUR STATE.  AND THE POINT BEING IS FORGET

                    WHETHER YOU LIKE IT OR DON'T LIKE IT, BUT WE SHOULD BE ABLE TO PROVIDE

                    THE PEOPLE OF NEW YORK STATE, EVERY GROUP, EVERY INDIVIDUAL THAT

                    COMES TO VISIT OUR OFFICES THROUGHOUT THE YEAR, AND YOU ALL HAVE

                    EXPERIENCED IT, HUNDREDS IF NOT THOUSANDS OF PEOPLE THAT HAVE FLOODED

                    THE HALLWAYS OF ALBANY, THE ELEVATORS, THE -- THE STEPS, THE ESCALATORS

                    THAT ARE NOT WORKING - SORRY ROANN - IT'S REAL.  BUT THEY NEED 72 HOURS

                    AS A MINIMUM TO DIGEST, UNDERSTAND, REFLECT AND, BY THE WAY, CALL EACH

                    AND EVERY ONE OF US TO SAY, LIKE IT, DON'T LIKE IT.  COULD BE BETTER, COULD

                    YOU CHANGE THIS?  AND WHETHER OR NOT WE CHANGE IT IN THE END, EACH

                    AND EVERY ONE OF US, WE STILL SHOULD GIVE THE PEOPLE OF THE STATE OF

                    NEW YORK THE OPPORTUNITY TO WEIGH IN ON THE MOST IMPORTANT

                    DOCUMENT THAT WE CRAFT AS A LEGISLATURE.  THE AMOUNT OF MONEY THAT

                                         538



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    WE SPEND OR DON'T SPEND ON A VARIETY OF TOPICS, WHETHER IT'S EDUCATION,

                    TRANSPORTATION, CRIMINAL JUSTICE, IT DOESN'T MATTER.  WHAT MATTERS MOST

                    IS THE PEOPLE WANT TO BELIEVE AND FEEL THAT THEY HAVE AN OPPORTUNITY TO

                    WEIGH ON IN THE CHOICES THAT WE'RE MAKING.

                                 SO, THIS IS NOT REPUBLICAN, IT'S NOT DEMOCRAT.  IT'S

                    ABOUT, DO I HAVE A VOICE?  YES, WE'RE ALL ELECTED, BUT SHOULDN'T WE GIVE

                    THEM THE OPPORTUNITY TO WEIGH IN ON EVERY PIECE OF THIS BUDGET,

                    WHETHER YOU LIKE IT OR DON'T LIKE IT, JUST TO SAY, HEY, WAIT A MINUTE,

                    COULD YOU JUST ONE MORE TIME LOOK AT THIS?  AND I THINK THE FACT - AND I

                    JUST SAY - BY THE WAY, LADIES AND GENTLEMEN, THIS IS NOT ABOUT THIS YEAR,

                    THIS HAS BEEN A LONG TIME, WHERE WE'RE DOING BUDGETS AT 2:00, 3:00,

                    4:00, 5:00 IN THE MORNING, AND NOW HERE WE ARE AT 7:30 IN THE MORNING

                    FINISHING UP, CLOSING UP, WHERE ALL OF OUR CONSTITUENTS, HOPEFULLY, WERE

                    IN BED SLEEPING WHILE WE WERE CRAFTING A SPENDING PLAN THAT'S GOING TO

                    AFFECT THEIR EVERYDAY LIVES.  WHETHER IT'S A TEACHER, WHETHER IT'S A POLICE

                    OFFICER, WHETHER IT WAS A PSYCHIATRIST, WHETHER IT WAS A -- A MENTAL

                    HEALTH PROVIDER, THE FACT THAT WE'RE WRAPPING UP SOMETHING SO

                    IMPORTANT TO EACH AND EVERY ONE OF THEM WITHOUT THEM JUST HAVING

                    THREE DAYS TO LOOK AT IT, WE CAN DO BETTER, LADIES AND GENTLEMEN.

                                 I KNOW WE CAN'T CHANGE IT NOW, BUT I'M GOING TO JUST

                    SAY TO EACH AND EVERY ONE OF YOU, HOW ABOUT WE HOLD ALL OF US MORE

                    ACCOUNTABLE?  AND THIS IS BOTH HOUSES, THIS IS THE GOVERNOR.  YOU

                    KNOW, IT'S -- ENOUGH IS ENOUGH.  ENOUGH IS ENOUGH.  WE DID NOT GET

                    ELECTED TO COME DOWN HERE TO BE RUBBER STAMPS OR TO BE ROLLED OVER OR

                    TO BE JUST BULLIED INTO DOING THINGS THAT EACH AND EVERY ONE OF YOU FEEL

                                         539



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    VERY STRONGLY ABOUT.  AND PLEASE NOTICE, THIS IS NOT ABOUT PARTISAN STUFF.

                    THIS IS JUST ABOUT TRANSPARENCY, OPENNESS, COMMUNICATION.

                                 SO, WHEN WE TALKED ABOUT CRIMINAL JUSTICE -- I'M JUST

                    USING THAT AS AN EXAMPLE, GREAT TOPIC THAT WE SHOULD HAVE A

                    CONVERSATION ABOUT.  GREAT TOPIC THAT WE SHOULD HAVE PUBLIC HEARINGS

                    ABOUT.  GREAT TOPIC THAT WE SHOULD BANTER ALL ACROSS THE STATE ABOUT THE

                    RIGHT THINGS WE SHOULD DO, WHETHER YOU'RE A VICTIM OR WHETHER YOU'RE A

                    CRIMINAL.  TO STICK IT IN A BUDGET BILL IS UNCONSCIONABLE.  REALLY?  I'M

                    NOT SAYING THAT WHAT WE'VE DONE IS AWFUL, I'M JUST SAYING HOW ABOUT

                    WE -- WE REALLY TALK ABOUT THIS IN THE LIGHT OF DAY WHEN WE SHOULD.

                    AND ANY OTHER PROVISION THAT WAS THROWN IN THIS BUDGET, PUBLIC

                    FINANCING, FINE, LET'S TALK ABOUT IT.  LET'S HAVE PUBLIC HEARINGS.  THAT'S

                    ALL I'M REALLY SAYING ON SOME OF THESE THINGS.  AND IT'S NOT ABOUT SAYING

                    WE SHOULDN'T DO ANYTHING.  AND I KNOW THERE'S PASSION WITH OUR

                    COLLEAGUES ON THE OTHER SIDE OF THE AISLE ABOUT THESE TOPICS.  I RESPECT

                    EACH AND EVERY ONE OF YOU AND YOUR OPINIONS ABOUT HOW WE CAN DO

                    BETTER, HOW WE CAN DELIVER JUSTICE.  SO, WHY NOT TALK ABOUT IT IN PUBLIC.

                                 ONE OTHER THING ON THIS BUDGET, AND WE'VE DEBATED IT,

                    WE'VE TALKED ABOUT IT.  AND I'M JUST SAYING PERSONALLY, AND PLEASE

                    FORGIVE ME, BUT EVERY DAY, EVERY WEEK, ONE OF OUR COLLEAGUES IN

                    GOVERNMENT TRAVELS WITH HER FAMILY TO BRING HER SON HERE AND HER

                    HUSBAND HERE EVERY DAY SO SHE CAN SERVE GREAT PEOPLE OF HER DISTRICT

                    AND THE STATE OF NEW YORK AND MAKE SACRIFICES EVERY SINGLE DAY AND

                    TRYING TO FIND A HEALTH CARE PROVIDER.  AND WHAT DO WE DO?  WE GET

                    CHEAPSKATE ON 2 PERCENT VERSUS 3 PERCENT TO HELP THOSE DIRECT CARE

                                         540



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    PROVIDERS THAT DO GOD'S WORK --

                                 (APPLAUSE)

                                 SO, YEAH, I GET A LITTLE IRISH IN ME, A LITTLE PASSIONATE

                    ABOUT THIS STUFF.  BUT YOU KNOW WHAT, WE DON'T GET A CHANCE TO TALK

                    ABOUT THIS FROM A HUMAN ELEMENT.  ENOUGH.  AFTER THE VOTES ARE CAST, I

                    THINK IT'S BETTER THAT WE HAVE THIS CONVERSATION SO YOU DON'T THINK IT'S

                    ABOUT A VOTE.  BUT IT'S ABOUT PRIORITY.  YOU KNOW, AND WE TALK ABOUT --

                    ABOUT SOCIAL AND ECONOMIC JUSTICE, AND WE INCREASE THE MINIMUM

                    WAGE, OKAY, I GET IT.  BUT YOU KNOW WHAT?  I MET WITH THE HEALTH CARE

                    PROVIDERS IN MY DISTRICT, THE MINIMUM WAGE INCREASES THAT WE PUT FORTH

                    AND EVERYBODY SAID WE'RE GOING TO LIFT PEOPLE UP FROM POVERTY, OKAY.

                    THE MONEY THAT WE'VE PROVIDED, THE DIRECT CARE -- THE "#

                    BFAIR2DIRECTCARE" WORKERS, DO YOU REALIZE, LADIES AND GENTLEMEN, THAT

                    THE MONEY THAT WE'VE PROVIDED ARE STILL A-DOLLAR-AN-HOUR SHORT OF WHAT

                    THE MINIMUM WAGE IS INCREASED IN OUR STATE.  SO, EVEN THE MONEY AT 2

                    PERCENT THAT WE'RE PUTTING FORTH THIS YEAR, THEY'RE STILL NOW $2 BEHIND TO

                    TRY TO COMPETE WITH PEOPLE THAT ARE GOING TO WORK FOR MCDONALD'S OR

                    ANY OTHER FAST FOOD ESTABLISHMENT.  AND WE'RE STILL BE -- BEHIND THE

                    EIGHT BALL.

                                 SO, WHEN WE TALK ABOUT DOLLARS AND CENTS, I JUST WANT

                    YOU TO JUST THINK ABOUT THIS AS WE GO DOWN THE ROAD.  IT BREAKS MY

                    HEART, IT BREAKS MY HEART, WHEN I SEE A MAN, A WOMAN, A CHILD CONFINED

                    TO A WHEELCHAIR AND THEY HAVE TO STRUGGLE TO -- TO FIND A PROVIDER THAT'S

                    WILLING TO GIVE THEIR HEART AND SOUL, TO LIFT THEM OUT OF A WHEELCHAIR, TO

                    PUT THEM IN A BED, TO GET THEM OUT OF BED, AND THEN THEY'RE STRUGGLING

                                         541



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    TO FIGURE OUT WHAT THEY'RE GOING TO DO TO HELP THAT INDIVIDUAL, AND THEN

                    WE TALK ABOUT MILLIONS OF DOLLARS IN ECONOMIC DEVELOPMENT, WITH NO

                    TRANSPARENCY, NO ACCOUNTABILITY.  THAT'S WHAT GETS TO ME.

                                 SO GOING FORWARD, LADIES AND GENTLEMEN, I'M HOPING IF

                    WE CAN REVISIT SOME OF THESE THINGS THIS YEAR, AND WITH -- YOU COULD

                    CITE ANY NUMBER OF OTHER THINGS IN OUR COMMUNITIES, LIKE LIBRARIES.  MR.

                    PALMESANO, WHO, IF YOU CAN'T TELL, GETS A LITTLE ANIMATED ABOUT CHIPS

                    AND ROADS AND BRIDGES, HE DOES THAT BECAUSE HE CARES.  HE CARES ABOUT

                    THE CONSTITUENTS THAT HE SERVES.  AND THIS IS WHAT THIS IS ALL ABOUT.  AND

                    I'M NOT TRYING TO BE ON A BANDBOX, I'M JUST TRYING TO BRING A REAL

                    PERSPECTIVE THAT THIS IS NOT ABOUT DEMOCRATS AND REPUBLICANS, IT'S

                    ABOUT HOW TO MAKE LIVES BETTER IN NEW YORK STATE, REGARDLESS OF WHERE

                    YOU LIVE.

                                 SO, WITH THAT, MR. SPEAKER, A COUPLE OF FINAL

                    ACKNOWLEDGMENTS.  AND THANK YOU FOR LISTENING.

                                 FIRST OF ALL, HELENE, GOD BLESS YOU.  LONG DAY, LONG

                    DAY-AND-A-HALF.  THANK YOU FOR NOT ONLY TAKING EVERY QUESTION,

                    WHETHER YOU KNEW THE ANSWER OR NOT, IT'S IMMATERIAL, BUT WHAT I

                    APPRECIATE THE FACT THAT EVERY ONE OF MY MEMBERS OR OUR MEMBERS THAT

                    ASKED YOU A QUESTION, YOU TREATED THEM WITH RESPECT AND

                    ACKNOWLEDGMENT, AND I APPRECIATE THAT, AND THANK YOU.

                                 (APPLAUSE)

                                 MR. SPEAKER, I KNOW I'M GOING A LITTLE LONGER THAN YOU

                    WOULD LIKE ME TO, BUT I'VE JUST GOT A COUPLE MORE.

                                 MADAM MAJORITY LEADER, YOU COMMUNICATED THE OTHER

                                         542



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    DAY WHEN YOU SEE MR. KOLB -- I WAS A LITTLE ANIMATED THE OTHER DAY

                    ABOUT SOMETHING, I DON'T KNOW WHAT IT WAS.  HOWEVER, I GOT THE

                    MESSAGE COMMUNICATED TO ME THAT MRS. PEOPLES-STOKES, WHEN YOU GET

                    A CHANCE, WOULD LIKE TO GIVE YOU A HUG.  AND SO I'M HERE TO SAY, I LOVE

                    YOU, TOO.

                                 (LAUGHTER) (APPLAUSE)

                                 MR. SPEAKER, YOU KNOW, IT'S --  I LOVE YOU, MAN.

                                 (LAUGHTER)

                                 YOU NEED SOME AREAS OF IMPROVEMENT, BUT JUST A

                    COUPLE OF THINGS.  BUT MAKE NO MISTAKE, LADIES AND GENTLEMEN --

                                 SPEAKER HEASTIE:  YOU'D LIKE ME TO MOVE TO THE

                    RIGHT A LITTLE BIT, RIGHT?  THAT'S --

                                 MR. KOLB:  NO, NO, YOU'RE GOOD.

                                 (LAUGHTER)

                                 YOU'RE GOOD.

                                 SPEAKER HEASTIE:  OKAY, GOOD, BECAUSE THAT

                    WASN'T HAPPENING.

                                 MR. KOLB:  IN THIS BUSINESS THAT WE'RE IN, IT'S NOT

                    EASY.  MR. SPEAKER AND ALL OF YOU ON THE OTHER SIDE OF THE AISLE, GOT

                    YOUR JOB, GOT YOUR ROLES, GOT YOUR CONSTITUENTS.  ON THE FLIP SIDE, MY

                    MEMBERS HAVE OUR ROLES, HAVE OUR JOBS, HAVE OUR CONSTITUENTS, AND WE

                    CAN DISAGREE VEHEMENTLY, WE CAN ARGUE ON THE FLOOR, BUT ONE OF THE

                    THINGS THAT THE SPEAKER SAID, WHICH I TOTALLY AGREE WITH, THAT IN THE END,

                    AS LONG AS WE KEEP IT TO THE POLICY DISAGREEMENTS, BUT RECOGNIZE THAT

                    WE'RE HUMAN BEINGS AND FRIENDS, WHICH I DO ALSO AGREE WITH, THAT

                                         543



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    DOESN'T MAKE US BAD DEMOCRATS OR BAD REPUBLICANS, IT MAKES US SOLID

                    HUMAN BEINGS.

                                 MR. SPEAKER, THANK YOU FOR BEING YOU.

                                 (APPLAUSE)

                                 SPEAKER HEASTIE:  THANK YOU, BRIAN.  THANK

                    YOU, EVERYBODY.

                                 MR. KOLB:  I HAVE ONE MORE, MR. SPEAKER, BEFORE

                    WE WRAP UP.  I KNOW, I KNOW, I DON'T GET THIS VERY OFTEN --

                                 (LAUGHTER)

                                 -- SO I'M TAKING FULL ADVANTAGE OF IT.  I WOULD NOW LIKE

                    TO RECOGNIZE, MY FINAL ACKNOWLEDGMENT, TO MY UTMOST, ABSOLUTE

                    FAVORITE DEMOCRAT, WHO WE COULDN'T EVEN RUN THIS PLACE WITHOUT.  I

                    LOVE YOU, WAYNE JACKSON.

                                 (APPLAUSE)

                                 OKAY.  I'M DONE.

                                 (APPLAUSE)

                                 SPEAKER HEASTIE:  BEFORE I CALL ON MRS.

                    PEOPLES-STOKES, I JUST WANT TO SAY TO EVERYBODY, PLEASE GO HOME AND

                    GET SOME REST.

                                 BUT WITH THAT SAID, MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, DO WE

                    HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?

                                 SPEAKER HEASTIE:  NO -- NO HOUSEKEEPING, NO --

                    NO FURTHER RESOLUTIONS.

                                 MRS. PEOPLES-STOKES:  I'LL NOW MOVE THAT THE

                                         544



                    NYS ASSEMBLY                                                    MARCH 31, 2019

                    ASSEMBLY STAND ADJOURNED UNTIL THE CALL OF THE SPEAKER, WHICH WILL

                    HAPPEN RIGHT AWAY.

                                 (LAUGHTER)

                                 SPEAKER HEASTIE:  LET THE HOUSE STAND

                    ADJOURNED.

                                 (WHEREUPON, AT 7:40 A.M., THE ASSEMBLY STOOD

                    ADJOURNED UNTIL THE CALL OF THE SPEAKER.)





































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