THURSDAY, DECEMBER 22, 2022 12:55 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 WEDNESDAY, DECEMBER 21ST.

MRS. PEOPLES-STOKES.

NYS ASSEMBLY DECEMBER 22, 2022

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

DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF WEDNESDAY,

DECEMBER THE 21ST AND ASK THAT THE SAME STAND APPROVED.

ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO

ORDERED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. COLLEAGUES THAT ARE IN THE CHAMBERS, IT'S GOOD TO SEE

EVERYBODY BACK. I WOULD AGAIN LIKE TO START WITH A QUOTE. THIS ONE

TODAY, MR. SPEAKER, COMES FROM DAVE CHAPPELLE. HE'S AN AMERICAN

STAND-UP COMEDIAN AND AN ACTOR. HIS WORDS FOR US TODAY: THE HARDEST

THING TO DO IS TO BE TRUE TO YOURSELF. ESPECIALLY WHEN EVERYBODY'S

WATCHING.

MR. SPEAKER, COLLEAGUES, OUR SCHEDULE FOR THE DAY IS

VERY BRIEF. MEMBERS HAVE ON THEIR DESKS A ONE-BILL A-CALENDAR. MR.

SPEAKER, I NOW ASK THAT YOU WOULD ADVANCE THAT CALENDAR.

ACTING SPEAKER AUBRY: ON MRS.

PEOPLES-STOKES' MOTION, THE A-CALENDAR IS ADVANCED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, OUR

PRINCIPAL TODAY WILL BE FROM THIS A-CALENDAR. MEMBERS ARE REMINDED,

PARTICULARLY THOSE WHO WERE HERE AFTER COVID THAT EVERYONE HAS TO BE

BACK IN THE CHAMBERS. IF YOU WANT TO SPEAK YOU HAVE TO BE IN THE

CHAMBERS. IF YOU WANT TO EXPLAIN YOUR VOTE YOU HAVE TO BE IN THE

CHAMBERS. AND IF YOU WANT TO VOTE YOU HAVE TO BE IN THE CHAMBERS,

NYS ASSEMBLY DECEMBER 22, 2022

WITHOUT EXCEPTIONS. ADDITIONALLY, I WOULD ASK MEMBERS TO BE AWARE

THAT WHEN A VOTE IS COMING UP WE SHOULD REALLY STAY IN AND AROUND THE

CHAMBERS AS OPPOSED TO MOVING BACK TO THE LOB FOR -- FOR ANY

REASON.

MR. SPEAKER, THAT'S THE GENERAL OUTLINE OF WHERE WE'RE

GOING TODAY. IF THERE ARE ANY HOUSEKEEPING OR INTRODUCTIONS THAT YOU

HAVE, NOW WOULD BE AN APPROPRIATE TIME. THANK YOU, SIR.

ACTING SPEAKER AUBRY: NO HOUSEKEEPING, NO

INTRODUCTION, MRS. PEOPLES-STOKES, OTHER THAN TO TELL YOU HAPPY

BIRTHDAY.

MRS. PEOPLES-STOKES: OH, THANK YOU.

(APPLAUSE)

THANK YOU, MR. SPEAKER AND COLLEAGUES. IT'S THE SAME

DAY EVERY YEAR AND I AM GRATEFUL FOR THE OPPORTUNITY TO STILL BE HERE IN

THE LAND OF THE LIVING.

ACTING SPEAKER AUBRY: ON THE A-CALENDAR,

PAGE 3, RULES REPORT NO. 774, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A10730, RULES REPORT

NO. 774, COMMITTEE ON RULES, MR. HEASTIE. AN ACT TO AMEND THE

LEGISLATIVE LAW, IN RELATION TO COMPENSATION OF MEMBERS.

ACTING SPEAKER AUBRY: THERE IS AN

AMENDMENT AT THE DESK.

MR. RA TO BRIEFLY EXPLAIN THE AMENDMENT WHILE THE

CHAIR EXAMINES IT.

MR. RA: THANK YOU, MR. SPEAKER. AS WE KNOW, THE

NYS ASSEMBLY DECEMBER 22, 2022

BILL-IN-CHIEF AMENDS THE LEGISLATIVE LAW REGARDING AN INCREASE IN THE

ANNUAL SALARY FOR EACH MEMBER OF THE LEGISLATURE FROM $110,000 TO

$142,000, EFFECTIVE JANUARY 1ST, 2023 AND SETS A LIMIT ON OUTSIDE

INCOME FOR MEMBERS OF THE LEGISLATURE EFFECTIVE JANUARY 1ST, 2025.

THE LIMIT ON OUTSIDE INCOME PROVIDES THAT A MEMBER OF THE LEGISLATURE

RECEIVING A SALARY FOR LEGISLATIVE WORK FROM THE STATE SHALL BE

PERMITTED TO EARN OUTSIDE INCOME EACH YEAR FOR FEE-FOR-SERVICE

ACTIVITIES AND COMPENSATED OUTSIDE ACTIVITIES APPROVED UNDER THE

PERMANENT JOINTS RULES OF THE SENATE AND ASSEMBLY IN AN AMOUNT

TOTALING NO GREATER THAN THE EARNING LIMITATIONS FOR RETIRED PERSONS IN

POSITIONS OF PUBLIC SERVICE ALLOWED UNDER SECTION 212 OF THE

RETIREMENT AND SOCIAL SECURITY LAW. THIS OUTSIDE INCOME LIMIT IS

CURRENTLY SET AT $35,000 FOR THE YEAR 2 -- 2020 AND THEREAFTER IN

COMPLIANCE WITH THE LIMIT ON OUTSIDE EARNED INCOME SHALL BE

CONDITIONED TO RECEIVING A SALARY FOR THE LEGISLATIVE ACTIVITIES FROM THE

STATE AND IF VOTING AS A MEMBER OF THE LEGISLATURE. THIS AMENDMENT

WILL ADD TO THIS BILL-IN-CHIEF BY REQUIRING A PUBLIC REFERENDUM IN THE

NOVEMBER IMMEDIATELY FOLLOWING THE PASSAGE OF THE BILL-IN-CHIEF.

THIS WOULD ALLOW THE VOTERS OF NEW YORK STATE TO HAVE A DIRECT SAY IN

WHETHER THE PAY RAISE AND OUTSIDE INCOME CAP INCLUDING -- INCLUDED IN

THIS BILL-IN-CHIEF IS WARRANTED.

ACTING SPEAKER AUBRY: MR. RA, WE HAVE

EXAMINED YOUR AMENDMENT AND FOUND IT NOT GERMANE TO THE BILL BEFORE

THE HOUSE. YOU MAY APPEAL THE DECISION OF THE HOUSE, MR. RA.

MR. RA: YES, I WOULD LIKE TO APPEAL THE DECISION OF

NYS ASSEMBLY DECEMBER 22, 2022

THE CHAIR.

ACTING SPEAKER AUBRY: MR. RA APPEALS THE

DECISION OF THE CHAIR. THE QUESTION BEFORE THE HOUSE IS SHALL -- YOU

HAVE AN OPPORTUNITY TO EXPLAIN IT.

MR. RA: YES. SO, THE BILL-IN-CHIEF, AS I SAID, RELATES

TO THE COMPENSATION AND SETS A LIMIT ON OUTSIDE EARNED INCOME OF

MEMBERS OF THE SENATE AND ASSEMBLY. I BELIEVE THE AMENDMENT IS

GERMANE BECAUSE IT ADDS TO THE PAY RAISE THE REQUIREMENT FOR A

MAJORITY VOTE BY THE ELECTORATE OF NEW YORK STATE. THE VERY SAME

VOTERS WHOSE TAXES FUND THE SALARIES OF PUBLIC OFFICIALS, INCLUDING THOSE

OF THE NEW YORK STATE ASSEMBLY AND SENATE. AND MEMBERS OF THIS

LEGISLATIVE BODY, ALL OF US, WHO ARE RETURNING IN JANUARY OR SEEK --

SOUGHT TO RETURN IN JANUARY RECENTLY PARTICIPATED IN A GENERAL ELECTION

WHEREBY THE ISSUES IMPORTANT TO NEW YORKERS WERE ON FULL DISPLAY.

NOW THE FIRST OFFICIAL ACT OF THIS LEGISLATURE AFTER ELECTION DAY IS TO

INCREASE THE SALARY BY 29 PERCENT. THE LEGISLATURE WAS NOT CALLED BACK

TO ADDRESS THE STATE GAS TAX MORATORIUM THAT ENDS IN LESS THAN TWO

WEEKS, TACKLE CRIME AND INFLATION, BUT RATHER ENACT A PAY RAISE. THIS

AMENDMENT BEING OFFERED IS MERELY AN ATTEMPT TO INCREASE

TRANSPARENCY AND DEFER TO THE WILL OF THE VOTERS WITH RESPECT -- WITH

RESPECT TO THE SALARIES THAT THE STATE LEGISLATORS RECEIVE.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. RA APPEALS THE

DECISION OF THE CHAIR. THE QUESTION BEFORE THE HOUSE IS SHALL THE

DECISION OF THE CHAIR STAND AS THE JUDGMENT OF THE HOUSE. THOSE

NYS ASSEMBLY DECEMBER 22, 2022

VOTING YES VOTE TO SUSTAIN THE RULING OF THE CHAIR. THOSE VOTING NO

VOTE TO OVERRIDE THE DECISION OF THE CHAIR.

THE CLERK WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, I'D LIKE TO

TAKE THIS OPPORTUNITY TO REMIND OUR COLLEAGUES THAT THE QUESTION BEFORE

THE HOUSE AGAIN IS PROCEDURAL, AND I WANT TO URGE COLLEAGUES TO VOTE

YES TO SUSTAIN YOUR RULING, MR. CHAIRMAN.

ACTING SPEAKER AUBRY: ARE THERE ANY OTHER

VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE RULING OF THE CHAIR IS SUSTAINED.

ON THE BILL.

AN EXPLANATION IS REQUESTED, MS. WEINSTEIN.

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

TO BUILD ON ASSEMBLYMAN RA'S EXPLANATION OF THE BILL OR JUST TO

REITERATE, THIS BILL WOULD INCREASE THE BASE SALARY FOR ELECTED MEMBERS

OF THE STATE LEGISLATURE EFFECTIVE JANUARY 1, 2023 FROM THE CURRENT RATE

OF $110,000 ANNUALLY TO A NEW RATE OF $142,000 ANNUALLY. THE BILL

WOULD ALSO FOR THE FIRST TIME ENACT A LIMITATION ON INCOME EARNED

OUTSIDE OF THE SCOPE OF LEGISLATIVE DUTIES EFFECTIVE JANUARY 1ST, 2025.

AND UNDER THIS BILL, AS IN CURRENT PRACTICE, OUTSIDE INCOME WOULD BE

VETTED BY LEGISLATIVE -- LEGISLATIVE ETHICS COMMISSION AND WOULD BE

REPORTED TO THE PUBLIC ON AN ANNUAL BASIS. THE BILL WOULD MAKE WILLFUL

NYS ASSEMBLY DECEMBER 22, 2022

AND INTENTIONAL VIOLATIONS OF OUTSIDE INCOME LIMITATIONS SUBJECT TO CIVIL

PENALTIES UNDER THE PUBLIC OFFICERS LAW, AND THE PROVISIONS OF THIS BILL

WOULD RESULT IN A NEW $6.8 MILLION IN STATE SPENDING ON AN ANNUAL

BASIS AND 1.8 MILLION IN THE LAST QUARTER OF THE CURRENT FISCAL YEAR.

ACTING SPEAKER AUBRY: MR. RA.

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

WEINSTEIN YIELD?

ACTING SPEAKER AUBRY: MS. WEINSTEIN, WILL

YOU YIELD?

(INAUDIBLE)

MR. RA: THANK YOU. SO, YOU -- I THINK YOU STATED

MY FIRST TWO QUESTIONS IN TERMS OF THE FISCAL -- ANNUAL FISCAL IMPACT OF

THIS CHANGE AS WELL AS THE ONE FOR THE REMAINDER OF THIS FISCAL YEAR.

BUT JUST FOR MY COLLEAGUES, AGAIN, YOU KNOW, THE CURRENT 2022-'23

LEGISLATURE AND JUDICIARY BUDGET WAS -- WAS $264.1 MILLION, AND OUT OF

THAT 23.4 MILLION WAS APPROPRIATED FOR THE BASE SALARIES OF THE

MEMBERS OF THE LEGISLATURE. IF YOU'RE TRYING TO DO THE MATH THAT'S 213

MEMBERS BETWEEN THE TWO HOUSES TIMES 110,000, SO YOU STATED THE --

THE ANNUAL INCREASE NEEDED WILL BE ABOUT $6.8 MILLION AND $1.8 MILLION

TO GET US THROUGH THE END OF THIS FISCAL YEAR. SO I'LL START THERE. DOES

THE CURRENT 2022-'23 LEGISLATURE AND JUDICIARY BUDGET HAVE SUFFICIENT

APPROPRIATION AUTHORITY TO SUPPORT THAT ADDITIONAL COST?

MS. WEINSTEIN: YES, WE DO.

MR. RA: OKAY. SO WE WILL HAVE NO NEED FOR ANY

TYPE OF DEFICIENCY BILL OR AMENDMENT TO THAT, CORRECT?

NYS ASSEMBLY DECEMBER 22, 2022

MS. WEINSTEIN: CORRECT.

MR. RA: OKAY. DO WE HAVE ANY ANTICIPATION AS TO

WHAT THE TOTAL FUNDING LEVEL FOR THE LEGISLATIVE BUDGET FOR THE NEXT

FISCAL YEAR WOULD BE, OR A PERCENTAGE INCREASE?

MS. WEINSTEIN: AT THE MOMENT THE ONLY

ANTICIPATED INCREASE IS THE $6.8 MILLION THAT I MENTIONED PREVIOUSLY.

MR. RA: OKAY. AND ASSUMING THIS BILL BECOMES LAW

IT WOULD REPRESENT ABOUT A 78.6 INCREASE IN SALARY FOR MEMBERS OF THE

LEGISLATURE SINCE 2018, WHICH IS JUST FOUR YEARS AGO. SO, HOW DID WE

GET THIS NUMBER AND WHY THE -- WHY THE NEED FOR THIS LARGE AN

INCREASE?

MS. WEINSTEIN: SO AS YOU MAY RECALL AND I THINK

A LOT OF THE MEMBERS HERE RECALL, THERE WAS THE LEGISLATIVE PAY

COMMISSION THAT REPORT WAS ISSUED IN 2018 THAT ESTABLISHED THE SALARY

AT 110,000. IT WAS IN THEIR REPORT, THEY RECOMMENDED THEN THAT WE GO

TO 120,000 IN 2020 AND IN 2022 THAT WE WERE -- WE WOULD BE AT

130,000. AND AS YOU'RE AWARE, THOSE -- THROUGH COURT ACTIONS THOSE --

THERE ONLY -- THE FIRST INCREASE WAS ALLOWED OF 110,000, SO WHAT -- WHAT

WE HAVE DONE IS WE LOOK AT WHAT THE COMMISSION'S RECOMMENDATION

WAS FOR 2022 OF 130,000 AND THEN ADJUST THAT NUMBER FOR 2023 FOR

INFLATION AND COME -- COME TO THE CONCLUSION OF 142,000 GOING

FORWARD STARTING IN 2023.

MR. RA: OKAY. DO WE -- DO YOU KNOW OF ANY OTHER

INDUSTRIES THAT HAVE PROVIDED NEARLY 80 PERCENT SALARY INCREASES TO

WORKERS OVER THE LAST FOUR YEARS?

NYS ASSEMBLY DECEMBER 22, 2022

MS. WEINSTEIN: THAT, I AM NOT AWARE. I AM AWARE

THAT WHEN THE 110,000 WAS ESTABLISHED IN 20 -- WAS RECOMMENDED AND

THEN ESTABLISHED STARTING IN 2019 IT WAS THE FIRST PAY RAISE IN 20 YEARS.

MR. RA: AND DO YOU KNOW WHAT THE AVERAGE

INCREASE, OR PERCENT INCREASE I SHOULD SAY, IN RECENT YEARS IS FOR OUR

STATE WORKFORCE?

MS. WEINSTEIN: I -- I -- I DON'T HAVE THE EXACT

NUMBERS FOR PREVIOUS YEARS BUT, YOU KNOW, AGAIN, I THINK WE HAVE TO

LOOK AT THAT 110- WAS THE JUMP FOR THE 20 YEARS OF NO SALARY INCREASE IN

-- IN -- FOR THE STATE LEGISLATORS.

MR. RA: OKAY. DO YOU KNOW -- SINCE, YOU KNOW,

THIS DOES COME OUT OF THIS SAME BUDGET, YOU KNOW, THE LEGISLATURE AND

JUDICIARY BUDGET, DO YOU KNOW THE AVERAGE PERCENTAGE INCREASE OF

EMPLOYEES THAT WORK FOR THE LEGISLATURE OVER THE LAST FOUR YEARS HAS

BEEN?

MS. WEINSTEIN: THAT -- THAT I DO NOT KNOW. WE

CAN CALCULATE THAT. AS -- AS YOU KNOW, THAT'S NOT A -- THE -- THE SALARY

FOR LEGISLATIVE WORKERS IS NOT SET IN -- IN LAW. IT'S DISCRETIONARY

AMONGST MEMBERS AND THE APPOINTING AUTHORITIES.

MR. RA: OKAY. AND AS YOU'RE AWARE, YOU KNOW,

ONE OF THE PIECES OF THIS IS THIS OUTSIDE INCOME CAP. YOU KNOW, WE'RE

LOOKING AT THIS NUMBER OF $35,000 PER YEAR. DO WE HAVE ANY DATA THAT

WOULD INDICATE HOW MANY EMPLOYEES OF THIS LEGISLATURE MAKE UNDER

$35,000 A YEAR?

MS. WEINSTEIN: EMPLOYEES OF THE LEGISLATURE?

NYS ASSEMBLY DECEMBER 22, 2022

MR. RA: YES.

MS. WEINSTEIN: NO, I DON'T HAVE THOSE -- THOSE

NUMBERS. I'M -- I'M SURE WE CAN GET THAT FOR YOU AT A LATER DATE.

MR. RA: OKAY. JUST FOR -- FOR MY COLLEAGUES,

ACCORDING TO THE U.S. BUREAU OF LABOR STATISTICS, FROM DECEMBER 2020

TO DECEMBER 2021 WAGES AND SALARIES ROSE 4.6 PERCENT IN THE NEW

YORK-NEWARK METROPOLITAN AREA. THAT GROWTH IN PAY FOR WORKERS

ACTUALLY REPRESENTS THE LARGEST 12-MONTH INCREASE ANY TIME IN THE LAST

FIVE YEARS, AND IF WE WERE TO USE THAT INCREASE AS AN ANNUAL AVERAGE

SINCE 2019, THAT WOULD EQUAL A TOTAL INCREASE IN PAY OF 18.4 PERCENT.

THE LEGISLATION WE ARE LOOKING AT TODAY PROVIDES FOR A 29 PERCENT

INCREASE OVER THAT SAME TIME PERIOD.

I WANT TO ASK ABOUT THE OUTSIDE INCOME PROVISIONS AND

IN PARTICULAR THE REFERENCING TO SECTION 212 OF THE RETIREMENT AND

SOCIAL SECURITY LAW, WHICH IS THE NUMBER THAT WILL BE UTILIZED TO

DETERMINE THE OUTSIDE INCOME CAP. IS THERE A SPECIFIC REASON WHY WE

ARE USING THAT PROVISION OF THE LAW TO -- TO SET THE CAP?

MS. WEINSTEIN: THAT -- THAT WAS AN OPTION THAT WE

HAD VERSUS THE PERCENTAGE AND IT SEEMED TO MAKE SENSE THAT THIS -- THAT

IS THE AMOUNT THAT SOMEONE WHO IS A RETIREE CAN EARN OUTSIDE OF THEIR

PENSION.

MR. RA: OKAY. AND -- AND LASTLY, AS THIS WAS BEING

DISCUSSED, WAS THERE ANY THOUGHT GIVEN TO PROVIDING INFLATION RELIEF TO

THE RESIDENTS AT-LARGE OF NEW YORK STATE? WE'VE HAD DISCUSSIONS IN

THE PAST AND THERE'S PROPOSALS OUT THERE FOR EXTENDING THE GAS TAX

NYS ASSEMBLY DECEMBER 22, 2022

EXEMPTION THAT'S BEEN IN EFFECT SINCE THE MIDDLE OF THE YEAR, INCREASING

THE STATE'S EARNED INCOME TAX CREDIT, PROVIDING CHILD CARE TAX CREDITS

OR ADDITIONAL PROPERTY TAX RELIEF AND ENERGY COST RELIEF AS PART OF THIS

SPECIAL SESSION THAT WE'RE HOLDING TODAY?

MS. WEINSTEIN: NOT AS PART OF TODAY'S SESSION

WHICH IS THIS ONE BILL, BUT I WOULD JUST RECALL FOR MEMBERS THAT WE HAVE

IN FACT IN THIS YEAR'S CURRENT BUDGET INSTI -- ADOPTED MANY CONSTITUENT

RELIEF THAT IS INCLUDED; ACCELERATION OF THE MIDDLE-CLASS TAX CUT, REAL

PROPERTY TAX REBATE CHECKS, THE GAS HOLIDAY, AS YOU MENTIONED, THROUGH

THE END OF THIS YEAR, SUPPLEMENTAL EARNED INCOME TAX CREDIT, CHILD

TAX CREDIT, ADDITIONAL FUNDING FOR ERAP AND LRAP AND NEW FUNDING

FOR UTILITY ARREARS. AND I WOULD JUST MENTION IN TERMS OF THE GAS TAX,

WHEN WE ENACTED THE BUDGET FOR REGULAR GAS IT WAS PRICED AT $4.16.

WHEN WE IMPLEMENTED THAT GAS TAX RELIEF THAT WAS IN JUNE, THE PRICE OF

A REGULAR GALLON OF GAS WAS $4.86, AND TODAY AS I NOTICED COMING UP

AND STOPPING ON THE THRUWAY, THE REGULAR GAS IS $3.44 A GALLON. SO

THERE HAS BEEN A DRAMATIC DECREASE IN THE -- IN THE PRICE OF GAS, BUT

CERTAINLY THESE ARE ISSUES THAT IN THE COMING BUDGET WE'LL HAVE

OPPORTUNITIES TO DISCUSS FURTHER.

MR. RA: AND -- AND I HOPE WE WILL. THANK YOU,

MADAM CHAIR.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. RA: SO, REALLY I'LL BE -- I'LL BE BRIEF WITH THIS

BECAUSE I KNOW MANY OTHER COLLEAGUES WILL BE RAISING A LOT OF THE SAME

NYS ASSEMBLY DECEMBER 22, 2022

POINTS. YOU KNOW, I LOOK AT THIS -- I -- I GENERALLY, YOU KNOW,

UNDERSTAND PEOPLE WANTING TO, YOU KNOW, BE PAID MORE, PEOPLE

WANTING TO DEAL WITH INCREASES IN COSTS. BUT AS I SAID EARLIER ON THE

AMENDMENT, WE JUST CAME OFF OF AN ELECTION. AND LIKE MANY PEOPLE IN

THIS ROOM I WAS OUT AT STREET FAIRS AND KNOCKING ON DOORS AND SEEING

CONSTITUENTS AT -- AT ALL KINDS OF EVENTS AND PARTICIPATING IN CANDIDATE'S

FORUMS, AND THERE WERE A LOT OF CONSISTENT THEMES. PEOPLE WERE VERY

CONCERNED ABOUT CRIME. THEY WERE SAYING, YOU GUYS NEED TO DO

SOMETHING ABOUT CRIME. AND MANY ON THIS SIDE OF THE AISLE SAID AND --

AND ELECTED OFFICIALS, MAJOR ELECTED OFFICIALS ON THE DEMOCRATIC SIDE OF

THE AISLE -- NOT IN THIS HOUSE, BUT, YOU KNOW, REPRESENTING NEW YORK

CITY -- SAID, HEY, THE LEGISLATURE OUGHT TO HAVE A SPECIAL SESSION AND

DEAL WITH THIS ISSUE. NOTHING CAME OF THAT. WE HAD CONSTITUENTS

ASKING US ABOUT THEIR COSTS GOING UP, INFLATION AND THE INFLATION WE'VE

BEEN DEALING WITH FOR THE LAST SEVERAL YEARS THAT IS CAUSING PEOPLE TO

MAKE VERY DIFFICULT DECISIONS. THE THINGS EVEN THAT THEY'RE USED TO

BUYING FOR EVERYDAY ESSENTIALS THAT THEY CAN'T AFFORD ANYMORE AT THE

GROCERY STORE. WE'RE IN THE MIDST OF WINTER NOW. PEOPLE STRUGGLING

WITH THE MASSIVE INCREASE IN COSTS OF FUEL. THESE WERE THE THINGS THAT

OUR CONSTITUENTS WERE DISCUSSING THIS FALL AND I HEARD ABOUT THEM

CONSTANTLY. I NEVER HAD A SINGLE CONSTITUENT SAY TO ME, IF YOU GET

REELECTED, WHAT I REALLY WOULD LIKE YOU TO DO IS GO GIVE YOURSELF A 29

PERCENT PAY INCREASE. NEVER HEARD THAT. SO I THINK THAT AS WE

CONSIDER THIS TODAY -- AND, YOU KNOW, WE DID SOME GOOD THINGS IN THE

BUDGET THIS YEAR, NO QUESTION, TO HELP NEW YORKERS. BUT NEW YORKERS

NYS ASSEMBLY DECEMBER 22, 2022

ARE STILL STRUGGLING. AND I THINK IT SENDS A VERY BAD MESSAGE ABOUT OUR

PRIORITIES WHEN WE COULDN'T COME TOGETHER TO ADDRESS CRIME, AND THE

FIRST TIME WE ARE RECONVENING AS A LEGISLATURE AFTER AN ELECTION -- AND

LOOK, I GET IT. ON THE OTHER SIDE OF THE AISLE, YOU KNOW, WE STILL ARE

GOING TO BE IN A STATE THAT IS RUN BY A SINGLE PARTY. BUT IF YOU GO LOOK

AT THE PERCENTAGES OF VOTE AND YOU GO LOOK AT THE RESULTS OF THIS

ELECTION YOU'RE GOING -- YOU'RE GOING TO SEE A COUPLE OF THINGS: WHEN

WE GAVEL IN IN JANUARY THERE'S GOING TO BE MORE PEOPLE ON THIS SIDE OF

THE AISLE THAN THERE ARE RIGHT NOW. IF YOU WENT AND LOOKED PERCENTAGE

VOTE I BELIEVE EVERY SINGLE COUNTY IN THIS STATE, THE PERCENTAGE OF VOTE

FOR THE REPUBLICAN SIDE OF THE AISLE WENT UP. THERE WERE SOME REALLY

CLOSE ELECTIONS. BUT PEOPLE HAVE EXPRESSED THEIR CONCERNS WITH THESE

ISSUES, AND TODAY'S SESSION IS NOT ADDRESSING THOSE ISSUES. SO I HOPE

THAT AS WE GET INTO A NEW SESSION AND, YOU KNOW, A BRAND-NEW TERM FOR

THE LEGISLATURE, A BRAND-NEW TERM FOR OUR STATEWIDE ELECTED OFFICIALS,

THAT WE KEEP IN MIND THOSE ISSUES AND WE DO SOMETHING TO ADDRESS THE

CRIME. WE CONTINUE TO PROVIDE RELIEF TO NEW YORKERS WHO EVEN

THOUGH INFLATION HAS COME DOWN A LITTLE BIT AND GAS PRICES HAVE COME

DOWN, THEY ARE STILL STRUGGLING. WE ARE HEARING IT IN OUR OFFICES EACH

AND EVERY DAY. SO LET'S MAKE SURE THAT WE ARE TAKING CARE OF THE NEEDS

OF EVERYDAY NEW YORKERS MUCH MORE SO THAN WE ARE TAKING CARE OF

OURSELVES.

MR. SPEAKER, I'LL BE CASTING MY VOTE IN THE NEGATIVE

AND I THANK THE CHAIR FOR HER TIME.

ACTING SPEAKER AUBRY: MR. GOODELL.

NYS ASSEMBLY DECEMBER 22, 2022

MR. GOODELL: 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, SIR.

MR. GOODELL: THANK YOU, MS. WEINSTEIN. I -- I

THOUGHT IT WOULD BE HELPFUL AT THE BEGINNING OF SOME OF THIS DEBATE TO

BETTER UNDERSTAND HOW THIS LEGISLATION WOULD ACTUALLY OPERATE IN

PRACTICE AS IT RELATES TO THE LIMITATION OF OUTSIDE INCOME. AS CURRENTLY

WRITTEN, IN TWO YEARS THE MAXIMUM AMOUNT A LEGISLATOR COULD EARN

OUTSIDE -- IN OUTSIDE INCOME WOULD BE LIMITED TO WHAT'S SPECIFIED IN

SECTION 212 OF THE RETIREMENT LAW WHICH CURRENTLY IS 35,000. THAT

WORKS -- THAT'S EASY TO UNDERSTAND IF YOU HAVE A GOVERNMENT JOB OR

YOU'RE ON A SALARY. BUT I HOPE YOU CAN EXPLAIN HOW THAT WORKS FOR THE

REST OF THE WORLD WHERE YOU'RE IN PRIVATE-SECTOR BUSINESS OR A PRIVATE-

SECTOR PROFESSIONAL. SO JUST AS AN EXAMPLE: AS AMAZING AS IT MIGHT

SOUND, SOMETIMES WHEN I BILL MY CLIENTS DON'T ALWAYS PAY RIGHT AWAY.

IS THIS $35,000 CAP BASED ON AN ACCRUAL BASIS IN TERMS OF WHAT I'VE

BILLED, OR ON A CASH BASIS BASED ON WHAT I'M ACTUALLY PAID?

MS. WEINSTEIN: SO, IT IS BASED ON WHEN THE

INCOME IS EARNED, SO ON THE ACCRUAL.

MR. GOODELL: SO EVEN THOUGH I DON'T ACTUALLY GET

ANY OF THAT MONEY I MIGHT BREAK THE INCOME THRESHOLD AND LOSE MY

NYS ASSEMBLY DECEMBER 22, 2022

RIGHT TO VOTE?

MS. WEINSTEIN: YES. IF YOU REPORT THAT -- IF THAT

INCOME IS REPORTED ON YOUR DISCLOSURE FORM (INAUDIBLE).

MR. GOODELL: WELL, I DON'T REPORT INCOME FOR IRS

PURPOSES. I DON'T REPORT INCOME FOR IRS PURPOSES ON AN ACCRUAL BASIS.

THAT IS AN OPTION, OF COURSE, FOR SOME BUSINESSES. NOT THE OPTION I

USE, I REPORT IT ON A CASH BASIS. SO IF I REPORT ON MY INCOME TAX RETURN

THAT I EARNED ONLY 30,000 DO I TRIGGER THAT EVEN THOUGH I MAY HAVE

BEEN --

MS. WEINSTEIN: CIRCUMSTANCES WOULD BE ON THE

CASH BASIS IF THAT'S WHAT YOU -- HOW YOU REPORT IT THEN IT WOULD BE ON

THE CASH BASIS.

MR. GOODELL: OKAY. FROM TIME TO TIME I'LL HAVE

A LARGE CASE. IT MIGHT ACTUALLY EXCEED 35,000 IN TERMS OF LET'S SAY A

PERSONAL INJURY CASE WHERE A LAWYER TYPICALLY MIGHT GET 30 PERCENT --

25 PERCENT TO 33 PERCENT, RIGHT, ONE-THIRD. SO YOU'RE SAYING I SHOULD

TURN DOWN ALL LARGE PERSONAL INJURY CASES BECAUSE IF I'M SUCCESSFUL FOR

MY CLIENT I WOULD NOT BE ABLE TO VOTE AS A LEGISLATOR? IS THAT WHAT THIS

BILL SAYS?

MS. WEINSTEIN: YES. YOU KNOW, I WOULD JUST

NOTE THAT THE RECOMMENDATION FROM THE COMMISSION IN 2018 WOULD

HAVE BARRED ATTORNEYS FROM BEING ABLE TO PRACTICE AND STILL SERVE AS A

MEMBER OF THE LEGISLATURE. SO THIS IS A -- A JUST -- A MORE GENEROUS

PROVISION, UNDERSTANDING THAT WE WANT TO HAVE A DIVERSE GROUP OF

LEGISLATORS WITH DIVERSE BACKGROUNDS.

NYS ASSEMBLY DECEMBER 22, 2022

MR. GOODELL: WE WANT DIVERSE BACKGROUNDS JUST

AS LONG AS THEY'RE NOT VERY SUCCESSFUL; IS THAT CORRECT? WE DON'T WANT

THEM MORE THAN 35,000 IN SUCCESSFUL BUSINESS, RIGHT?

MS. WEINSTEIN: THE -- WELL, IF YOU'RE TALKING

ABOUT A BUSINESS, THE BUSINESS CAN BE MORE SUCCESSFUL IF THE MEMBER

OF THE LEGISLATURE ISN'T THE -- DIRECTLY INVOLVED IN -- IN THE OPERATIONS OF

THAT BUSINESS AND GENERATING INCOME.

MR. GOODELL: SO, AS -- AS YOU CAN APPRECIATE, ALL

OF US WHO ARE IN THE PRIVATE SECTOR, OUR GROSS REVENUE IS VERY DIFFERENT

THAN OUR NET REVENUE. YOU MAY RUN A BUSINESS, RIGHT, AND YOU MAY

HAVE A MILLION DOLLARS IN SALES AND DEPENDING ON THE COST OF YOUR

SUPPLIES AND EVERYTHING ELSE, YOU MIGHT NET 35,000, 34,000 --

MS. WEINSTEIN: RIGHT. IT IS -- IT IS --

MR. GOODELL: IS THIS BASED ON THE NET, NOT GROSS.

MS. WEINSTEIN: CORRECT. BASED ON THE NET

INCOME.

MR. GOODELL: MANY INDIVIDUALS IN PRIVATE

PRACTICE AND BUSINESSES ALL OVER HAVE DEFERRED COMP, AND WE TAKE A

PORTION OF OUR INCOME AND WE DEFER IT. WE DON'T RECEIVE IT UNTIL LATER

IN LIFE AS PART OF A RETIREMENT PLAN. IS DEFERRED COMP INCLUDED IN

CALCULATING THIS 35,000?

MS. WEINSTEIN: NO.

MR. GOODELL: SO -- SO I -- USING MY FIRST

EXAMPLE, I HAVE A LEGAL FEE OF 100,000, I'M A SOLE PROPRIETOR, CAN I JUST

SAY -- OR MAYBE I'M IN AN LLC, THAT WOULD MAKE LLP -- SO I CAN JUST

NYS ASSEMBLY DECEMBER 22, 2022

SAY, OH, WAIT, TAKE 65,000 AND PUT IT IN A DEFERRED COMP. THAT'S OKAY,

THEN? I CAN STILL CONTINUE TO VOTE?

MS. WEINSTEIN: IF THE DEFERRED COMP IS AN IRS-

APPROVED PROGRAM, BECAUSE DEFERRED COMP IS EXCLUDED BUT THE INCOME

-- INCOME FROM -- FROM DEFERRED COMP IS ONE OF THE EXCLUSIONS IN

TERMS OF EVEN THOUGH IT'S TAXABLE WHEN IT'S WITHDRAWN IT IS NOT TAXABLE

-- IT DOESN'T COUNT TOWARDS INCOME.

MR. GOODELL: NOW, THIS PROVISION HAS A

REMARKABLE PROVISION BECAUSE IT SAYS THAT IF ANYONE IN THIS LEGISLATURE

WHO HAS AN OUTSIDE EMPLOYMENT, A PRIVATE BUSINESS OR ANYTHING LIKE

THAT, SHOULD BE TOO SUCCESSFUL -- BY THAT I MEAN OVER 35,000 -- WE LOSE

THE RIGHT TO VOTE. WE LOSE THAT RIGHT TO VOTE THE INSTANT WE MAKE

$35,001. ONE DOLLAR MORE AND WE LOSE THE RIGHT TO VOTE.

MS. WEINSTEIN: THE -- THE -- GOING OVER THE

35,000 IS (INAUDIBLE) ONCE IT'S DETERMINED THE COMPLAINT WOULD GO TO

THE -- THE NEW JCOPE ORGAN -- AND THEN IF IT WAS FOUND THAT YOU DID IN

FACT EARN OVER THE 35,000 IT WOULD COME BACK TO THE LEGISLATIVE ETHICS

COMMITTEE. THERE WOULD BE -- COULD BE A PENALTY ASSESSED, AND THEN

YES, THERE -- YOU WOULD NOT BE ABLE TO -- THE PENALTY IS FOR KNOWINGLY

AND INTENTIONALLY VIOLATING THE CAP WHICH OUR -- THE CURRENT STANDARD

FOR AN ETHICS VIOLATION.

MR. GOODELL: AND THEN WOULD WE IGNORE ALL

VOTES TAKEN FROM THE MOMENT YOU EARNED MORE THAN 35,000? WE JUST

WIPE THOSE OFF THE SLATE OR IS IT A LOSS OF VOTING PRIVILEGES PROSPECTIVE

AFTER THAT PROCESS HAS BEEN COMPLETED?

NYS ASSEMBLY DECEMBER 22, 2022

MS. WEINSTEIN: IT PROBABLY WOULD BE -- WOULD BE

PROSPECTIVE AS PART OF THE PENALTY. THERE WOULD BE A SET TIME THAT THAT

WOULD TAKE EFFECT.

MR. GOODELL: NOW, YOU SAID THE FIRST STEP IN THAT

PROCESS WOULD BE A REFERRAL OVER TO THE NEW JCOPE SUCCESSOR --

MS. WEINSTEIN: THE COMMISSION ON ETHICS AND

LOBBYING IN GOVERNMENT.

MR. GOODELL: AND THAT'S AN ORGANIZATION THAT

NOW CURRENTLY HAS NINE DEMOCRATIC POLITICAL APPOINTEES AND ONLY TWO

REPUBLICAN POLITICAL APPOINTEES; IS THAT CORRECT?

MS. WEINSTEIN: I -- I BELIEVE SO.

MR. GOODELL: SO THE REPUBLICANS HERE ARE GOING

TO TAKE GREAT COMFORT KNOWING THAT NINE OUT OF 11 MEMBERS OF THIS

COMMITTEE ARE DEMOCRAT POLITICAL APPOINTEES REVIEWING WHETHER OR

NOT WE WERE TOO SUCCESSFUL AND THEREFORE CAN'T VOTE ON LEGISLATION; IS

THAT CORRECT?

MS. WEINSTEIN: YOU KNOW, INCOME IS -- THE ONE

THING WITH NUMBERS IS IF YOU FILED A TAX RETURN YOU HAVE INCOME THAT'S

COME IN. THAT'S SOMETHING THAT'S NOT DEMOCRAT OR REPUBLICAN.

MR. GOODELL: NOW, LET'S SAY BY MISTAKE I'M TOO

SUCCESSFUL IN ONE YEAR AND IT TURNS OUT, YOU KNOW, I MADE 36,000. CAN

I RESTORE MY VOTING PRIVILEGES BY REFUNDING 1,000?

MS. WEINSTEIN: UNDER -- UNDER THE PENALTY

PROVISION, NOT ONLY IS THERE THE CIVIL PENALTY OF THE 40,000, THEN THERE'S

ALSO THE FORFEITURE OF THE AMOUNT OVER. ONCE THAT'S COMPLETED THEN YOU

NYS ASSEMBLY DECEMBER 22, 2022

-- ONCE THAT PROCESS IS COMPLETED THEN YOU'RE A SITTING MEMBER.

MR. GOODELL: AH. SO IF BY CHANCE I'M TOO

SUCCESSFUL THE STATE WILL SEIZE ALL MY MONEY, 100 PERCENT TAX ON

EXCESS EARNINGS AND THEN I CAN VOTE. AND IN THE MEANTIME NO ONE IN

MY -- MY ASSEMBLY DISTRICT HAS A VOICE HERE ON THE FLOOR OF THE

ASSEMBLY; IS THAT RIGHT?

MS. WEINSTEIN: YOU KNOW, THIS IS -- THIS IS NOT A

NEW CONCEPT.

MR. GOODELL: IT'S AN OUTRAGEOUS CONCEPT AND IT'S

NEVER BEEN DONE HERE, RIGHT --

MS. WEINSTEIN: IT -- IT'S NOT A NEW CONCEPT THAT --

MR. GOODELL: HAS THIS CONCEPT EVER BEEN APPLIED

IN THE STATE OF NEW YORK IN ANY MUNICIPALITY IN THE STATE OF NEW

YORK?

MS. WEINSTEIN: YES. IN NEW YORK CITY THERE IS

AN ABSOLUTE BAN ON OUTSIDE INCOME.

MR. GOODELL: ONE MORE REASON I'M SO DELIGHTED I

LIVE FROM THE FURTHEST YOU CAN BE FROM NEW YORK CITY AND STILL BE IN

THE STATE. ONE MORE REASON, BUT THANK YOU.

MS. WEINSTEIN: I'M NOT AWARE IF THERE ARE OTHER

MUNICIPALITIES OR JURISDICTIONS THAT HAVE SUCH A POLICY. AND ON THE

NATIONAL LEVEL, AS MR. LAWLER I'M SURE IS NOW AWARE, THERE IS A 15

PERCENT CAP ON OUTSIDE INCOME.

MR. GOODELL: BUT CERTAINLY FOR THIS STATE

LEGISLATURE.

NYS ASSEMBLY DECEMBER 22, 2022

MS. WEINSTEIN: FOR THIS STATE LEGISLATURE --

MR. GOODELL: IT'S NEVER BEEN DONE BEFORE.

MS. WEINSTEIN: THIS IS --

MR. GOODELL: NOW, AM I CORRECT --

MS. WEINSTEIN: IT'S NOT BEEN DONE -- NO, THIS -- AS

I SAID EARLIER -- I'M SORRY, MR. GOODELL.

MR. GOODELL: THANK YOU.

MS. WEINSTEIN: THIS -- THIS WAS THE

RECOMMENDATION OF THE BIPARTISAN COMMISSION.

MR. GOODELL: YES, IT WAS A RECOMMENDATION THAT

THE COURT THREW OUT AS EXCEEDING THEIR AUTHORITY.

BUT MOVING ON, IF I MAY. SO IF WE IMPLEMENT THIS CAP

OR THIS LIMITATION ON BEING A SUCCESSFUL BUSINESS OWNER, AM I CORRECT,

THEN, WHAT WOULD IT EFFECTIVELY DO IS ELIMINATE THE ABILITY OF ANY

SUCCESSFUL FARMER IN THE STATE OF NEW YORK FROM SERVING AS AN

ASSEMBLYMEMBER UNLESS THEY SOLD THE FARM? THEY'D HAVE TO SELL THE

FAMILY FARM IN ORDER TO SERVE AS A MEMBER OF THIS ASSEMBLY; IS THAT

CORRECT?

MS. WEINSTEIN: NO.

MR. GOODELL: SO, OH, WHAT, THEY JUST STOP

FARMING IT? BECAUSE IF THEY MAKE MORE THAN 35,000 ON THEIR FAMILY

FARM THEY WOULDN'T BE ABLE TO VOTE. AND IF THEY COULDN'T VOTE, NONE OF

THEIR CONSTITUENTS WOULD HAVE ANY REPRESENTATION. SO YOU'RE SAYING

THEY EITHER SELL THE FAMILY FARM OR TRANSFER IT OR PUT IT OUT OF BUSINESS IN

ORDER TO SIT ON THE FLOOR OF THIS LEGISLATURE; IS THAT CORRECT?

NYS ASSEMBLY DECEMBER 22, 2022

MS. WEINSTEIN: WELL, I MEAN, THAT PERSON CAN --

FIRST OF ALL, IF THERE ARE OTHER FAMILY MEMBERS WHO MAY REALLY START TO

HAVE A MORE ACTIVE ROLE IN THE BUSINESS AND THAT PERSON CAN WITHDRAW,

THEN THAT IS OKAY. THEY CAN RUN FOR A DIFFERENT OFFICE. THIS DOES -- THIS

PROVISION DELIBERATELY DOES NOT TAKE PLACE UNTIL 2025 SO THAT THERE IS

AMPLE TIME FOR CANDIDATES TO ASSESS WHETHER TO RUN OR NOT. AND I

WOULD SAY ALSO, WE'RE TALKING ABOUT 35,000 BUT IN -- IN REALITY IF YOU'RE

LOOKING AT THE MEMBERS OF THE LEGISLATURE, CURRENTLY THE SALARY IS

110,000. WE'RE HAVING A $32,000 INCREASE, SO IT'S REALLY $67,000 MORE

THAN TODAY THAT SOMEONE WOULD BE --

MR. GOODELL: ALL RIGHT, BUT THE BOTTOM LINE IS

THIS: YOU WOULD BE INELIGIBLE TO SERVE ON THE FLOOR OF THIS ASSEMBLY.

LET'S LIST THE REASONS. ONE, YOU'RE A FELON IN PRISON. TWO, YOU OWN A

FAMILY FARM THAT MAKES MORE THAN 35,000 THAT YOU'RE ACTIVELY INVOLVED

IN. NUMBER THREE, YOU SUCCESSFULLY OWN A PHARMACY. NUMBER FOUR,

YOU RUN A SUCCESSFUL INSURANCE AGENCY. NUMBER FIVE, YOU'RE A

SUCCESSFUL DOCTOR, LAWYER, ACCOUNTANT, PHARMACIST, SOMEONE THAT TAKES

-- VETERINARIAN. WE'RE SAYING AS A LEGISLATURE THAT NONE OF THOSE

PEOPLE ARE QUALIFIED TO SERVE ON THE FLOOR OF THIS LEGISLATURE UNLESS

THEY'RE WILLING TO SELL THE FAMILY FARM, SELL THEIR PHARMACY, SELL THEIR

INSURANCE AGENCY OR SHUT DOWN THEIR SUCCESSFUL BUSINESS OR SELL IT. AM

I CORRECT? THAT'S WHAT THIS SAYS.

MS. WEINSTEIN: THE LIMIT ON OUTSIDE INCOME IS

$35,000 STARTING IN 2025. SO CANDIDATES EITHER RUNNING FOR -- MEMBERS

RUNNING FOR REELECTION OR SOMEONE CONSIDERING RUNNING FOR THE

NYS ASSEMBLY DECEMBER 22, 2022

ASSEMBLY OR FOR THE SENATE WOULD HAVE TO ABIDE BY THOSE GUIDELINES.

MR. GOODELL: NOW, IF -- IF YOU WERE SO

UNFORTUNATE AS TO HAVE A SUCCESSFUL BUSINESS AND YOU RAN FOR THE FLOOR

OF THE ASSEMBLY AND YOU WERE ELECTED OVERWHELMINGLY AND

UNFORTUNATELY YOU MADE MORE THAN 35,000, WOULD YOUR ASSEMBLY SEAT

BE VACANT OR WOULD YOU JUST NOT BE ALLOWED TO VOTE?

MS. WEINSTEIN: OBVIOUSLY IF YOU'RE ELECTED THERE

AREN'T PROVISIONS TO REMOVE SOMEONE FROM OFFICE. SO THE PENALTY --

BESIDES THE FINANCIAL CIVIL PENALTY FOR WILLFULLY GOING OVER THE CAP

WOULD BE NOT ALLOWING THAT PERSON TO VOTE.

MR. GOODELL: AH. SO IF IT TURNS OUT YOU'RE TOO

SUCCESSFUL THEN WE'LL HAVE A MOTION HERE ON THE FLOOR OF THE ASSEMBLY

TO EXPEL YOU FROM THE ASSEMBLY.

MS. WEINSTEIN: NO.

MR. GOODELL: WELL, YOU WOULDN'T BE ABLE TO VOTE,

AND SO YOU BRING A MOTION TO EXPEL THEM FROM THE ASSEMBLY SO WE CAN

HAVE A SPECIAL ELECTION AND SO WE CAN HIRE SOMEONE TO GIVE THE VOTERS

AN OPPORTUNITY TO ELECT SOMEONE WHO IS NOT SUCCESSFUL. I MEAN, THAT'S

WHAT THIS LAW SAYS, DOESN'T IT?

MS. WEINSTEIN: NO, IT DOESN'T.

MR. GOODELL: WELL, YOU JUST CAN'T SERVE AND YOU

CAN'T VOTE IF YOU HAVE AN OUTSIDE BUSINESS AND YOU'RE SUCCESSFUL.

MADAM CHAIR, THANK YOU SO MUCH FOR YOUR

CLARIFICATIONS. I APPRECIATE THAT.

MY COLLEAGUES, THIS USED TO BE CALLED THE PEOPLE'S

NYS ASSEMBLY DECEMBER 22, 2022

HOUSE, WASN'T IT? AND WE USED TO WELCOME DIVERSITY, DIDN'T WE?

ACTING SPEAKER AUBRY: MR. GOODELL --

MR. GOODELL: ON THE BILL.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. GOODELL: AND THIS IS ONE BILL YOU SHOULDN'T

PAY ME FOR BECAUSE I MIGHT NOT BE ABLE TO VOTE ANYMORE IF YOU PAY ME

TOO MUCH FOR THIS LITTLE SPEECH. THE STRENGTH OF US AS AN ASSEMBLY IS

THE EXPERTISE THAT THE MEMBERS BRING. AND THAT EXPERTISE INCLUDES

SUCCESSFUL FARMERS, SUCCESSFUL BUSINESSMEN AND WOMEN. IT INCLUDES

PROFESSIONAL ACCOUNTANTS. THESE PEOPLE BRING INVALUABLE KNOWLEDGE

AND EXPERIENCE AND WE SHOULD NOT MAKE IT ILLEGAL FOR THEM TO SERVE AT

THE RISK OF SELLING THEIR BUSINESS OR LOSING THEIR VOTE.

THANK YOU, MR. CHAIRMAN.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. LAWLER.

MR. LAWLER: THANK YOU, MR. SPEAKER. I DON'T

KNOW WHO THOUGHT IT WAS A GOOD IDEA TO LET ME BACK IN HERE BEFORE THE

END OF THE YEAR, BUT GOD BLESS.

WOULD THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MS. WEINSTEIN, WILL

YOU YIELD?

MS. WEINSTEIN: YES.

ACTING SPEAKER AUBRY: MS. WEINSTEIN

YIELDS.

MR. LAWLER: THANK YOU. WHY DO WE HAVE

NYS ASSEMBLY DECEMBER 22, 2022

SPECIAL SESSIONS, IN YOUR OPINION?

MS. WEINSTEIN: THIS IS NOT A SPECIAL SESSION.

MR. LAWLER: WELL, WHAT IS THIS? JUST -- THIS IS A

REGULAR SESSION?

MS. WEINSTEIN: CORRECT.

MR. LAWLER: THAT WE GOT CALLED BACK FOR.

MS. WEINSTEIN: THE -- THE GOVERNOR CALLS SPECIAL

SESSION. THIS WAS A SESSION AT THE CALL OF THE SPEAKER.

MR. LAWLER: OKAY. AND DO YOU RECALL BEING

CALLED BACK BY THE SPEAKER IN PREVIOUS YEARS AT THE END OF THE YEAR?

MS. WEINSTEIN: YES.

MR. LAWLER: AND WHAT ARE THEY GENERALLY FOR?

MS. WEINSTEIN: THEY'VE BEEN VARIOUS ISSUES OVER

THE YEARS AND PAY RAISES HAS BEEN ONE OF THEM.

MR. LAWLER: SO IN YOUR ESTIMATION THIS IS NORMAL

TO COME BACK UP THE WEEK BEFORE CHRISTMAS TO GIVE OURSELVES A PAY

RAISE?

MS. WEINSTEIN: YES. AS I MENTIONED, IT DIDN'T

HAPPEN FOR 20 YEARS FROM 1998 TO -- TO 2000 -- TO 2018, BUT PRIOR TO

THAT, YES, I HAD BEEN CALLED BACK INTO SESSION SEVERAL TIMES. AND IT'S A

UNIQUE SITUATION BECAUSE THE CURRENT LEGISLATIVE RAISES CANNOT BE

ADOPTED WHILE YOU WERE SERVING. SO IT IS BY THE NATURE OF THIS LAW THAT

WE NEED TO -- BY NATURE OF THE CONSTITUTION WE NEED TO DO THIS PRIOR TO

THE NEW SESSION STARTING IN TWO WEEKS. WE -- OBVIOUSLY THERE ARE

MANY ISSUES THAT WE WILL BE DISCUSSING AS WELL AS THE UPCOMING

NYS ASSEMBLY DECEMBER 22, 2022

BUDGET.

MR. LAWLER: BUT IN YOUR ESTIMATION THIS WAS

IMPORTANT ENOUGH TO COME BACK THE WEEK BEFORE CHRISTMAS TO VOTE

ON?

MS. WEINSTEIN: IT -- THE -- THE BILL WAS -- IT WAS

JUST INTRODUCED ON MONDAY, AND I WOULD NOTE THAT PART OF THE DELAY HAD

TO DO WITH WAITING FOR THE FINAL DECISION BY THE COURT OF APPEALS IN THE

DELGADO, ET AL TRIAL WHICH WAS NOT DECIDED UNTIL NOVEMBER 17TH.

MR. LAWLER: DO YOU RECALL AT ANY TIME BEFORE

NOVEMBER 17TH THERE BEING TALK OF COMING BACK FOR A SESSION TO

INCREASE PAY IF THE DECISION IN THAT COURT CASE WAS FAVORABLE?

MS. WEINSTEIN: I WAS NOT PARTY TO SUCH A

DISCUSSION.

MR. LAWLER: OKAY. DO YOU KNOW BY CHANCE HOW

MANY ASSEMBLY DISTRICTS HAVE A MEDIAN INCOME HIGHER THAN

$142,000?

MS. WEINSTEIN: I -- I COULDN'T TELL YOU THAT RIGHT

NOW.

MR. LAWLER: OKAY. BASED ON THE 2021 ESTIMATE

THERE ARE FIVE DISTRICTS OUT OF 150 THAT HAVE A HIGHER MEDIAN INCOME

THAN THE NEWLY-PROPOSED ASSEMBLY AND SENATE SALARIES. DO YOU THINK

THAT THAT'S APPROPRIATE TO BE PAYING MEMBERS OF THE LEGISLATURE A

HIGHER MEDIAN INCOME THAN 145 ASSEMBLY DISTRICTS?

MS. WEINSTEIN: I -- I DON'T KNOW. AND -- AND

EXCUSE ME, WHEN I SAID I CAN'T TELL YOU IT DIDN'T MEAN THAT I WAS

NYS ASSEMBLY DECEMBER 22, 2022

HOLDING BACK INFORMATION THAT -- THAT I --

MR. LAWLER: NO, NO. I HAVE THE INFORMATION,

THAT'S WHY.

MS. WEINSTEIN: I JUST DIDN'T -- YOU KNOW, I -- THAT

I DON'T KNOW AND I DON'T KNOW HOW MANY DISTRICTS, FOR EXAMPLE, ARE

EARNING OVER $174,000 AS THEIR MEDIAN INCOME.

MR. LAWLER: NONE ARE EARNING OVER 174,000. BUT

AN ASSEMBLY DISTRICT IS 140,000 RESIDENTS, A CONGRESSIONAL DISTRICT IS

780,000 RESIDENTS, SO I WOULD THINK THERE'S A LITTLE BIT OF A DIFFERENCE.

WHERE DID WE COME UP WITH THE $142,000 SALARY WHEN THE

COMMISSION PROPOSED 130,000 WITH THE BAN ON OUTSIDE INCOME? HOW

DID WE GET TO 142-?

MS. WEINSTEIN: THAT WAS -- I BELIEVE I RESPONDED

TO MR. RA WHO ASKED A SIMILAR QUESTION. WE USED THE NEW YORK STATE

CONSUMER PRICE INDEX WHICH IN 2020 -- IN '21, THE YEAR THAT IT SHOULD

HAVE -- IT WAS RECOMMENDED TO GO TO 130- THE INFLATIONARY RATE WAS

3.32. THEN IN 2022, 6.08 GOING FORWARD PROJECTING WE'D GET TO

$142,480 BUT WE DROPPED THE $480 TO KEEP IT AN EVEN 142,000.

MR. LAWLER: IF THE SALARY WENT INTO EFFECT IN 2021

AT 130,000 WOULD YOU HAVE ANTICIPATED COMING BACK HERE THIS WEEK TO

RAISE IT TO 142-?

MS. WEINSTEIN: IF -- IF IT HAD BEEN RAISED IN -- TO

THE 130- IT'S VERY POSSIBLE WE WOULD BE.

MR. LAWLER: OH, INTERESTING. OKAY.

THERE WERE NEWS REPORTS THAT THE GOVERNOR AS PART OF

NYS ASSEMBLY DECEMBER 22, 2022

THIS SESSION HAD REQUESTED CHANGES TO CASHLESS BAIL. ARE YOU AWARE OF

THOSE NEWS REPORTS OR CONVERSATIONS?

MS. WEINSTEIN: I'VE -- I'VE SEEN NEWS REPORTS BUT I

WAS NOT PARTY TO ANY CONVERSATION.

MR. LAWLER: DID YOU FEEL THAT THE GOVERNOR'S

REQUEST SHOULD HAVE BEEN CONSIDERED OR DO YOU FEEL THAT WE SHOULD JUST

BE DEALING WITH THE PAY RAISE?

MS. WEINSTEIN: ULTIMATELY THE GOVERNOR DECIDED

NOT TO CALL US INTO SPECIAL SESSION SO WE'RE MOVING FORWARD WITH THIS

PROPOSAL IN REGULAR SESSION.

MR. LAWLER: SO YOU'RE OF THE OPINION THAT WE

SHOULD ONLY BE HERE TO GIVE OURSELVES A PAY RAISE THE WEEK BEFORE

CHRISTMAS BUT NOT TO DEAL WITH ANY ISSUES. I MEAN, CONSIDERING WE'RE

IN REGULAR SESSION WHY CAN'T WE BRING UP OTHER BILLS THAT ARE BEFORE THE

HOUSE?

MS. WEINSTEIN: THIS IS THE ONE BILL THAT WE ARE

DISCUSSING TODAY. OBVIOUSLY, THE ISSUE OF PUBLIC SAFETY IS SOMETHING

THAT'S VERY IMPORTANT TO ALL OF THE MEMBERS IN THIS HOUSE AND IN TWO

WEEKS WE WILL -- A NEW SESSION WILL BE STARTING AND I BELIEVE THE

MEMBERS HERE AND THOSE THAT WILL BE INCOMING WILL HAVE ISSUES OF

PUBLIC SAFETY RELIEF FOR -- FOR OUR -- INFLATION RELIEF AND -- AND OTHER

ISSUES AS PART OF OUR DISCUSSIONS AS WE MOVE ON TOWARDS ADOPTING A

NEW BUDGET.

MR. LAWLER: I KNOW I WAS ONLY HERE FOR TWO

YEARS, BUT IF I RECALL CORRECTLY USUALLY THE MONTH OF JANUARY WAS WASTED

NYS ASSEMBLY DECEMBER 22, 2022

ON A BUNCH OF CHAPTER AMENDMENTS FOR REALLY POORLY-WRITTEN BILLS THAT

NEEDED TO BE FIXED. I ASSUME WE'RE GOING TO PROBABLY HAVE CHAPTER

AMENDMENTS ON THIS BILL BASED ON THE DISCUSSION AND DEBATE BECAUSE

CLEARLY IT WAS PUT TOGETHER IN A VERY HAPHAZARD WAY WHEN YOU ACTUALLY

LOOK AT THE LANGUAGE THAT YOU CAN ALL OF A SUDDEN RESTRICT MEMBERS'

ABILITY TO VOTE. BY THE WAY, IRONICALLY, YOU KNOW -- AND YOU

MENTIONED NEW YORK CITY. NEW YORK CITY TRIED TO ALLOW

UNDOCUMENTED IMMIGRANTS TO VOTE IN AN ELECTION, BUT A MEMBER WHO IS

DULY-ELECTED COULD BE BARRED FROM EXERCISING THEIR RIGHT TO VOTE BASED

ON A SALARY. THAT'S VERY INTERESTING.

WHY IS THE OUTSIDE INCOME LIMIT TIED TO THE 212 RULE

AS PART OF THE RETIREMENT SYSTEM?

MS. WEINSTEIN: WE WERE LOOKING FOR A GUIDE.

THE 30 -- TYING INTO THE RETIREMENT SYSTEM, THE 35,000 MADE SENSE.

MR. LAWLER: WHY NOT JUST PUT IT AT EXACTLY

35,000?

MS. WEINSTEIN: WE HAVE CHANGED BECAUSE IT'S

TIED TO THE AMOUNT IN THE RETIREMENT SYSTEM WHICH HAS FLUCTUATED.

OVER THE YEARS IT'S BEEN INCREASED. SO THAT'S A WAY THAT THE NUMBER OF

OUTSIDE INCOME COULD CONCEIVABLY LIKELY INCREASE EVEN IF THE SALARY

LEVEL REMAINS THE SAME.

MR. LAWLER: OH, OKAY. SO DOWN THE ROAD, EVEN

MAYBE THIS NEXT SESSION, THE OUTSIDE INCOME LEVEL COULD CHANGE. IT

COULD GO FROM, SAY, 35,000 TO 50,000 OR 60,000 IF THE 212 RULE

INCREASES.

NYS ASSEMBLY DECEMBER 22, 2022

MS. WEINSTEIN: DURING THE LEGISLATIVE PROCESS

THAT COULD HAPPEN, YES.

MR. LAWLER: HMM. THAT'S CURIOUS. OKAY. SO

MEMBERS OF THE LEGISLATURE GOING FORWARD ARE GOING TO GET A $142,000

SALARY, A PER DIEM WHICH WILL LIKELY GO UP. HEALTH BENEFITS, FULL-TIME

PENSION CREDIT. AND OUTSIDE INCOME THAT YOU JUST ACKNOWLEDGED COULD

POTENTIALLY RAISE SO THEY'RE REALLY -- ARGUABLY, THE CAP WOULD BE IN FLUX

BECAUSE YOU DON'T WANT TO ASSIGN AN EXACT NUMBER TO IT.

HOW COME DOUBLE-DIPPERS ARE NOT INCLUDED IN THIS?

WHY ARE PEOPLE ABLE TO RECEIVE A PENSION FOR PREVIOUS EMPLOYMENT

THAT EXCEEDS THE $35,000 LIMIT AND COLLECT A SALARY?

MS. WEINSTEIN: WELL, BECAUSE THEY'VE EARNED IT

DURING THEIR TIME OF WORKING. THAT'S WHAT THE PENSION IS, THE SAME

WAY THAT DEFERRED COMP, AS WE BROUGHT UP PREVIOUSLY, IS EARNED

INCOME THAT'S DEFERRED -- IS DELAYED TO A LATER DATE.

MR. LAWLER: YOU -- YOU DO REALIZE THAT PEOPLE

WHO OWN BUSINESSES TEND TO RELY ON THAT AS THEIR RETIREMENT, RIGHT? SO

IF YOU OWN A BUSINESS, THAT'S A PROBLEM. BUT IF YOU RECEIVED A PENSION

FROM -- AS A PUBLIC EMPLOYEE THAT'S OKAY. WHY -- WHY THE

DISCRIMINATION AGAINST SOMEBODY WHO OWNS A BUSINESS WHO -- OR FOR

INSTANCE RENTAL INCOME? MANY PEOPLE OWN PROPERTY AND THEY RELY ON

THAT RENTAL INCOME AS RETIREMENT. IS THAT EXCLUDED IN THIS IF SOMEBODY

HAS RENTAL INCOME?

MS. WEINSTEIN: RENTAL -- RENTAL INCOME IS NOT ONE

OF THE CATEGORIES OF EXCLUSIONS, SO IT WOULD BE CAPPED AT THE AMOUNT IN

NYS ASSEMBLY DECEMBER 22, 2022

-- IN THE RETIREMENT LAW, IN 212.

MR. LAWLER: SO JUST SO I UNDERSTAND THIS, IF I OWN

A BUILDING AND I MAKE MORE THAN $35,000 OWNING THAT BUILDING IN

RENTAL INCOME, I WOULD HAVE TO TURN OVER THE REVENUE ABOVE -- THE

EARNED INCOME ABOVE THE 35,000 AND I WOULD PROBABLY HAVE TO SELL THE

BUILDING BEFORE MY VOTING RIGHTS WOULD BE RESTORED?

MS. WEINSTEIN: WELL, FIRST OF ALL, IT'S -- IT'S NET

INCOME, RIGHT? SO IT'S THE NET INCOME. YOU KNOW, MANY LANDLORDS TALK

TO US CONSTANTLY ABOUT THEIR INABILITY TO EARN MONEY, AND IT WOULD HAVE

TO BE IN YOUR OWN NAME, NOT A PART OF A CORPORATION OR A FAMILY

BUSINESS WHERE YOU WEREN'T THE MAIN FORCE DRIVING THAT INCOME.

MR. LAWLER: IS THERE ANY DISTINCTION BETWEEN

EARNED INCOME OR PASSIVE INCOME IN THIS BILL?

MS. WEINSTEIN: YES, PASSIVE -- THIS -- THIS BILL

RELATES TO ACTIVE -- EARNING INCOME IN AN ACTIVE ROLE. SO PASSIVE

INCOME IS NOT -- IS ONE OF THE EXCLUSIONS. AS WE MENTIONED, PENSION

AND DEFERRED COMP, INCOME FROM SECURITIES THAT YOU DO NOT HAVE A

DIRECT ROLE IN GENERATING THOSE FUNDS ARE EXCLUDED.

MR. LAWLER: BUT IF I OWN A BUILDING AND I'M NOT

INVOLVED IN THE DAY-TO-DAY OPERATIONS OF IT, LET'S SAY I HIRE SOMEBODY TO

MANAGE THE PROPERTY, THEN CAN I COUNT THAT RENTAL INCOME AS PASSIVE

INCOME?

MS. WEINSTEIN: WELL, THAT WOULD BE SOMETHING

THAT YOU WOULD ASK THE LEGISLATIVE ETHICS COMMITTEE FOR AN OPINION.

AS -- AS YOU AND OTHERS MAY BE AWARE, ANY INCOME -- CURRENTLY ANY

NYS ASSEMBLY DECEMBER 22, 2022

INCOME OVER $5,000 -- ANY OUTSIDE INCOME OVER $5,000 HAS TO GO

BEFORE THE LEGISLATIVE ETHICS COMMITTEE FOR APPROVAL. SO THAT WOULD

BE -- DEPENDING ON THE PARTICULARS OF THE SITUATION YOU'VE DESCRIBED,

THE LEGISLATIVE ETHICS COMMITTEE WOULD MAKE A DETERMINATION.

MR. LAWLER: WAS THERE ANY CONSIDERATION DURING

THE DISCUSSIONS ON THIS BILL OF INCREASING EMPLOYEE SALARIES IN THIS

BODY?

MS. WEINSTEIN: NOT -- THIS -- NOT AS PART OF THIS

BILL WHICH AMENDS THE LEGISLATIVE LAW.

MR. LAWLER: DO YOU THINK THAT THE EMPLOYEES IN

THIS BODY ARE UNDERPAID?

MS. WEINSTEIN: I AM NOT AWARE OF ALL OF THE

SALARIES OF EMPLOYEES HERE. CERTAINLY I -- I WOULD THINK THAT PEOPLE -- -

PEOPLE WHO WORK HARD DESERVE TO EARN APPROPRIATE AMOUNTS FOR THEIR

WORK.

MR. LAWLER: IS THAT HOW YOU FEEL ABOUT THIS PAY

RAISE, THAT EVERYBODY IN THIS BODY WORKS HARD AND DESERVES TO BE PAID

APPROPRIATELY?

MS. WEINSTEIN: WELL, I DON'T KNOW HOW

EVERYBODY IS -- YOU KNOW, I -- I WOULD TELL YOU, 20 -- BEFORE WE DID THE

PAY RAISE TO 79,000 I WAS AT AN EVENT AND A NUMBER OF WOMEN CAME UP

TO ME AND STARTED HARASSING ME ABOUT HOW THOSE LEGISLATORS VOTED FOR A

PAY RAISE FOR THEMSELVES. AND I SAID, WELL, I VOTED FOR IT AND THEIR

RESPONSE WAS, BUT HELENE, YOU WORK HARD, YOU DESERVE IT. AND I THINK

THAT'S HOW MOST OF OUR CONSTITUENTS FEEL ABOUT US, THAT WE IN FACT WORK

NYS ASSEMBLY DECEMBER 22, 2022

HARD. MEMBERS WORK SEVEN DAYS A WEEK OFTEN, YOU KNOW, AND NOT

WORKING NINE TO -- NINE TO FIVE, MAINTAIN DISTRICT OFFICES, MAINTAIN STAFF

HERE IN ALBANY. THEY'RE GOING TO MEETINGS IN THE EVENING, GOING TO

MEETINGS ON WEEKENDS. THERE'S -- I THINK FROM WHAT I'VE SEEN MOST

MEMBERS WORK VERY HARD.

MR. LAWLER: AND THAT MAY BE, BUT IN 145 OF THE

ASSEMBLY DISTRICTS THEY'RE GOING TO MAKE LESS THAN ON US ON THE

MEDIAN INCOME. AND TO COME BACK UP HERE THE WEEK BEFORE

CHRISTMAS TO DO THIS IS A SLAP IN THE FACE TO THOSE VOTERS.

ACTING SPEAKER AUBRY: MR. LAWLER --

MR. BROWN.

MR. K. BROWN: THANK YOU, MR. SPEAKER. WILL THE

SPONSOR YIELD FOR A QUESTION?

ACTING SPEAKER AUBRY: MS. WEINSTEIN, WILL

YOU YIELD?

MS. WEINSTEIN: YES.

ACTING SPEAKER AUBRY: MS. WEINSTEIN

YIELDS, SIR.

MR. K. BROWN: THANK YOU, MR. SPEAKER. I ONLY

HAVE ONE QUESTION. ONE QUESTION ONLY, AND THAT IS WHAT IS THE RATIONALE

BEHIND THE OUTSIDE INCOME LIMITATION?

MS. WEINSTEIN: THIS -- IT'S SIMILAR TO THE U.S.

CONGRESS, THE NEW YORK CITY COUNCIL. THE LIMITATION IS AN ETHICS

CONSIDERATION.

MR. K. BROWN: CAN YOU EXPAND UPON WHAT YOU

NYS ASSEMBLY DECEMBER 22, 2022

MEAN BY THAT?

MS. WEINSTEIN: WE'VE RECOGNIZED THAT THE

LEGISLATURE HAS BECOME CLOSE TO A FULL-TIME PROFESSION. IT'S VERY

DIFFERENT FROM THE DAYS WHEN MEMBERS WOULD COME HERE, THE BUDGET

WOULD GET PASSED ON APRIL 1ST OR MARCH 31ST AND THEY'D GO BACK HOME

TO THEIR RESPECTIVE OTHER EMPLOYMENT. SO WE ENACTED A TREMENDOUS

NUMBER OF BILLS, OVER 1,000 BILLS THIS PAST YEAR BECAME LAW AND -- OR I

GUESS WERE PASSED, AND THAT WE -- IT HAS BEEN POINTED OUT THAT MANY

GOOD GOVERNMENT GROUPS AND OTHERS WHO STUDY THE LEGISLATURE THAT --

LEGISLATIVE BODIES THAT IT IS GOOD ETHICAL PRACTICE TO NOT HAVE OUTSIDE

INFLUENCES POTENTIALLY CREATING CONFLICTS FOR MEMBERS.

MR. K. BROWN: I'D JUST LIKE TO DRILL DOWN A LITTLE

FURTHER. HOW IS THAT AN ETHICAL SITUATION, BEING THAT THE LENGTH OF TIME

THAT WE SPEND UP HERE IN ALBANY?

MS. WEINSTEIN: I WAS -- I WAS JUST POINTING OUT

THAT -- THAT WE -- THERE'S A LOT OF WORK TO BE DONE AS MEMBERS OF THE

LEGISLATURE. I BELIEVE MEMBERS SHOULD COMPENSATED FOR THAT, BUT THE

ETHICAL CONSIDERATIONS ARE THE ONES THAT HELP DRIVE THE DESIRE TO LIMIT

OUTSIDE INCOME.

MR. K. BROWN: I'M NOT SURE I UNDERSTAND. WHAT

DOES THE LENGTH OF TIME AND WHETHER WE'RE PART-TIME OR FULL-TIME HAVE

ANYTHING TO DO WITH, QUOTE, "ETHICAL" CONSIDERATIONS?

MS. WEINSTEIN: I -- I WASN'T CONFLATING THE TWO, I

WAS JUST POINTING OUT THE JUST -- SOME OF THE JUSTIFICATION FOR THE

INCREASED SALARY.

NYS ASSEMBLY DECEMBER 22, 2022

MR. K. BROWN: RIGHT. AND I'M ASKING

SPECIFICALLY ABOUT THE OUTSIDE INCOME LIMITATION. I REALLY WOULD LIKE

AN EXPLANATION OF HOW IT RELATES TO ETHICAL CONSIDERATIONS.

MS. WEINSTEIN: WHAT IT DOES, IT ALLOWS FOR THE

LEGISLATURE TO CONTINUE TO BE A BODY THAT HAS MEMBERS THAT HAVE SOME

OUTSIDE COMMUNITY WORK EXPERIENCE THAT THEY CAN BRING HERE AND IT

AVOIDS THE POTENTIAL FOR CONFLICTS OF INTEREST AMONGST THE LEGISLATORS.

MR. K. BROWN: AND WHAT DOES THE CONFLICT OF

INTEREST HAVE TO DO WITH THE ETHICAL CONSIDERATIONS EXACTLY?

MS. WEINSTEIN: THAT IS THAT AVOIDING CONFLICT OF

INTEREST BETWEEN A LEGISLATOR IS AN ETHICAL CONSIDERATION.

MR. K. BROWN: AND THEN HOW DOES IT RELATE, THE

$35,000 LIMIT, TO THE CONFLICT OF INTEREST AND THE ETHICAL

CONSIDERATIONS? IN OTHER WORDS, YOU COULD STILL DO THE SAME JOB BUT

YOU MAKE 35,000 YOUR CAP. NO CONFLICT OF INTEREST IN THAT SITUATION?

MS. WEINSTEIN: IT STRIKES A BALANCE FROM AN

ABSOLUTE BAN LIKE THAT EXISTS IN THE CITY OF NEW YORK TO ALLOWING SOME

OUTSIDE INCOME BECAUSE WE DO WANT TO HAVE SOME OF THAT EXPERIENCE

IN THE LEGISLATURE. BUT IT DOES CREATE A LIMIT THAT IS MORE REASONABLE,

AND AS I SAID, STRIKES A BALANCE SO THAT -- TO AVOID CONFLICTS OF INTEREST.

MR. K. BROWN: SO, WE JUST HAD A SITUATION LAST

YEAR WHERE THE LIEUTENANT GOVERNOR WAS BROUGHT UP ON CHARGES OF

CORRUPTION AND ACTUALLY RESIGNED BECAUSE OF ETHICAL CONSIDERATIONS; IS

THAT CORRECT?

MS. WEINSTEIN: I DON'T KNOW WHAT IT HAS TO DO

NYS ASSEMBLY DECEMBER 22, 2022

WITH THIS BILL, BUT YES, THAT WAS A FACT.

MR. K. BROWN: WELL, IS IT TRUE THAT HE HAD NO CAP

ON HIS OUTSIDE INCOME?

MS. WEINSTEIN: I -- I DON'T BELIEVE THAT -- THAT THE

-- THE REASON FOR THE CHARGES, MOST OF WHICH WERE SUBSEQUENTLY

DROPPED, HAD TO DO -- RELATED TO POTENTIAL CAMPAIGN FRAUD. IT HAD

NOTHING TO DO WITH INCOME -- EARNED INCOME.

MR. K. BROWN: MY UNDERSTANDING WAS IT HAD TO DO

WITH A NOT-FOR-PROFIT THAT HE WAS A MEMBER OF. IS THERE ANY INDICATION

IN THIS BILL ABOUT BANNING MEMBERSHIP OF NOT-FOR-PROFITS OR APPLYING

FOR GRANTS THROUGH THAT NOT-FOR-PROFIT?

MS. WEINSTEIN: IT -- IN -- IN OUR -- WE ALREADY

HAVE PROHIBITIONS ON SOMEONE SERVING ON A BOARD AND NOT-FOR-PROFIT

FROM RECEIVING STATE FUNDS.

MR. K. BROWN: SO IF WE'RE --

MS. WEINSTEIN: NOT THE INDIVIDUAL, THE

ORGANIZATION ITSELF, FROM RECEIVING STATE FUNDS IF THERE'S AN ACTIVE

MEMBER OF THE LEGISLATURE THAT PARTICIPATES IN THAT ORGANIZATION.

MR. K. BROWN: BUT WHEN I READ THE BILL TEXT IN

PREPARING FOR TODAY I DIDN'T SEE ANY MENTION OF TRYING TO AVOID

CONFLICTS OF INTEREST. DOES ANYTHING IN THIS BILL SPECIFICALLY ADDRESS

CONFLICTS OF INTEREST?

MS. WEINSTEIN: WE DON'T USE THE WORD. BUT THE

LIMITATION OF 35,000 IS INTENDED TO STRIKE A BALANCE BETWEEN SOMEONE'S

OUTSIDE INCOME ACTIVITIES -- INCOME-GENERATED ACTIVITIES AND THEIR WORK

NYS ASSEMBLY DECEMBER 22, 2022

AS A LEGISLATOR.

MR. K. BROWN: SO THE -- SO THE $35,000 LIMIT

MAGICALLY WILL AVOID ANY FUTURE CONFLICTS OF INTEREST BY MEMBERS OF THE

SENATE OR THE ASSEMBLY; IS THAT CORRECT?

MS. WEINSTEIN: WELL, I -- I WOULD JUST, YOU KNOW,

REFER YOU TO PUBLIC OFFICERS LAW SECTIONS 73 AND 74 WHICH DEAL WITH

CONFLICTS OF INTEREST.

MR. K. BROWN: RIGHT, BUT NOTHING SPECIFIC ABOUT

THE OUTSIDE INCOME LIMITATION AND THE AVOIDANCE OF CONFLICTS OF

INTEREST. IS IT -- IS IT YOUR INTENTION THAT THIS OUTSIDE INCOME LIMITATION

IS GOING TO ERASE CONFLICTS OF INTEREST?

MS. WEINSTEIN: I THINK IT REDUCES THE LIKELIHOOD.

I -- AS I SAID, IT STRIKES A BALANCE BETWEEN AN ABSOLUTE BAN, AN ABSOLUTE

BAN ON -- ON CERTAIN PROFESSIONS WHICH HAS BEEN RECOMMENDED BY

OTHER GROUPS AND BEING ABLE TO CONTINUE TO HAVE SOME OUTSIDE INCOME.

MR. K. BROWN: THANK YOU, MR. SPEAKER.

ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

BROWN.

MR. K. BROWN: MR. SPEAKER, I'D LIKE TO READ A

STATEMENT ON BEHALF OF THE PROUD LONG ISLANDERS AND THE GOOD PEOPLE

FROM THE 12TH ASSEMBLY DISTRICT.

DEAR NEW YORK, WE ARE WRITING TO EXPRESS OUR

DISAPPOINTMENT ON HOW -- ON THIS PAY RAISE BILL. DON'T GET ME WRONG,

WE LOVE YOUR BEACHES, YOUR PARKS, YOUR MOUNTAINS IN THE ADIRONDACKS

NYS ASSEMBLY DECEMBER 22, 2022

AND CATSKILLS, WE LOVE YOUR RIVERS AND LAKES BUT WE ARE TIRED OF BEING

AN ATM MACHINE FOR THE REST OF THE STATE. WE ALSO LOVE NEW YORK

CITY. THE ATMOSPHERE, THE CULTURE, ITS VENUES AND LIMITLESS ACTIVITIES.

HOWEVER, WE ARE TIRED OF MAKING YOUR PROBLEMS OUR PROBLEMS. AND

WE ARE DEAD-SET AGAINST THIS PAY RAISE INCREASE COUPLED WITH A LIMIT ON

OUTSIDE INCOME. WE DON'T WANT A WATERED-DOWN LEGISLATURE. CAREER

POLITICIANS WHO ARE BEHOLDEN TO SPECIAL INTEREST GROUPS. WE WANT

TERM LIMITS. WE WANT A LEGISLATURE THAT REFLECTS SOCIETY. THAT INCLUDES

SMALL BUSINESS OWNERS, PROFESSIONALS LIKE BANKERS, DOCTORS, LAWYERS,

ACCOUNTANTS AND FARMERS. BUT ALSO INSURANCE PEOPLE AND SCIENTISTS.

PEOPLE WITH REAL WORLD EXPERIENCE AND EXPERTISE WHO HAVE EARNED A

PAYCHECK, WHO KNOW WHAT IT'S LIKE TO WORRY ABOUT WHETHER THEY HAVE

ENOUGH MONEY TO GET THROUGH UNTIL HARVEST TIME OR HAVE STAYED UP LATE

AT NIGHT WORRYING IF THEY'RE GOING TO BE ABLE TO MAKE PAYROLL THIS

MONTH, LIKE I HAVE AS A SMALL BUSINESS OWNER. THIS IS WHAT THE

FOUNDERS OF THIS GREAT NATION ENVISIONED; A CITIZEN LEGISLATURE WHO

SERVED THE PEOPLE AND THEN AT THE END OF SESSION WENT HOME TO THEIR

LIVES, THEIR BUSINESSES AND THEIR FAMILIES. BUT YOU'RE ASKING TOO MUCH

FROM THE PEOPLE OF LONG ISLAND. WE HAVE OUR OWN PROBLEMS. WE DON'T

CARE IF THE SALARIES OF THE LEGISLATURE ARE ON PAR WITH CITY COUNCIL.

IT'S IRRELEVANT. AND THE LIMIT ON OUTSIDE INCOME IS NOTHING BUT A RUSE

TO DISTRACT VOTERS FROM MAKING YOUR LEGISLATORS ONE OF THE HIGHEST IN

THE NATION, DESPITE THE BLOATED $222 BILLION BUDGET PASSED LAST YEAR,

AND WHICH COMPLETELY IGNORES THE LEGISLATIVE STAFF WHO DESERVE A PAY

RAISE IN ORDER TO ATTRACT AND RETAIN QUALITY PEOPLE. THIS STATE IS

NYS ASSEMBLY DECEMBER 22, 2022

CONSIDERING THIS $32,000 PAY INCREASE AT A TIME WHEN PUBLIC SAFETY IS

A MAJOR CONCERN. CRIME IS UP. PEOPLE ARE HURTING. WHEN INFLATION IS

ROUGHLY 7 PERCENT. WHEN THE OPIOID FENTANYL CRISIS JUST TOOK THE LIVES

OF 713 LONG ISLANDERS. WHERE ASYLUM SEEKERS ARE FLOODING INTO NEW

YORK. THE MTA HAS A $5 BILLION BUDGET GAP, AND LIPA, THE POWER

AUTHORITY THAT YOU CREATED, NEW YORK, IS DROWNING LONG ISLAND WITH ITS

$6 BILLION OF DEBT FOR A NUCLEAR POWER PLANT THAT WE NEVER WANTED. IT'S

SIMPLE, NEW YORK. LONG ISLAND WANTS OUR COMMUNITIES TO BE SAFE. WE

WANT GOOD SCHOOLS FOR OUR KIDS, OUR DRINKING WATER SAFE, AND WE WANT

OUR HARBORS, OUR BAYS AND OUR SOUND TO BE CLEAN. WE'VE BEEN ASKING

FOR THIS FOR YEARS. MOREOVER, THIS PROPOSED BILL WILL DO NOTHING TO END

CORRUPTION HERE IN ALBANY. IF YOU WANT TO ROOT OUT CORRUPTION, THEN

ELECT PEOPLE OF HIGH MORAL CHARACTER WHO ARE NOT SUSCEPTIBLE TO

CORRUPTION. PEOPLE WHO ARE DOING THE JOB FOR THE RIGHT REASONS, NOT TO

BENEFIT THEMSELVES FINANCIALLY. AND HOLD THEM ACCOUNTABLE WITH

DISCLOSURE RULES THAT REQUIRE TRANSPARENCY. REQUIRE THEM TO DISCLOSE

THEIR FEDERAL AND STATE TAX RETURNS. PROHIBIT THEM FROM SERVING ON

BOARDS OF NOT-FOR-PROFITS AND OTHER ORGANIZATIONS THAT OBTAIN STATE

GRANTS. AND FOR GOD'S SAKES, DON'T GIVE OUT HUGE STATE CONTRACTS

WHERE THERE'S THE APPEARANCE OF A CONFLICT OF INTEREST. IN ADDITION,

THERE'S A QUESTION WHETHER THIS PROPOSAL IS EVEN CONSTITUTIONAL. YOU

WERE ONCE THE EMPIRE STATE, NEW YORK. IT'S HIGH TIME YOU START LIVING

UP TO THAT MOTTO AGAIN. FOR ALL THESE REASONS, WE'RE PUTTING YOU ON

NOTICE, NEW YORK, THAT WE'RE INVESTIGATING STATEHOOD FOR LONG ISLAND,

THE 51ST STATE IN THE UNION, AND WE WILL BE ABLE TO BE ENTERTAINING

NYS ASSEMBLY DECEMBER 22, 2022

OFFERS TO ANNEX TO OTHER NEARBY STATES SUCH AS CONNECTICUT AND RHODE

ISLAND. PLEASE (INAUDIBLE) ACCORDINGLY.

MR. SPEAKER, FOR THIS REASON AND MANY, MANY OTHERS I

WILL BE VOTING NO ON THIS BILL AND I URGE MY COLLEAGUES TO DO THE SAME.

THANK YOU, AND HAPPY HOLIDAYS.

ACTING SPEAKER AUBRY: THANK YOU, AND

HAPPY HOLIDAYS TO YOU, SIR.

MR. STECK.

MR. STECK: THANK YOU VERY MUCH, MR. SPEAKER.

LET ME BEGIN BY SAYING I WILL NOT BE ONE OF THOSE POSTURING AGAINST THE

LEGISLATIVE PAY INCREASE. NEW YORK CITY MEMBERS PARTICULARLY DESERVE

THIS INCREASE. IT IS UNCONSCIONABLE THAT STATE LEGISLATORS ARE PAID LESS

THAN CITY COUNCIL MEMBERS. NEW YORK CITY IS EXPENSIVE. I HAVE A

DAUGHTER LIVING NEAR HER MEDICAL SCHOOL PAYING $2,000 A MONTH FOR A

STUDIO APARTMENT, AND I'M TOLD THAT'S REASONABLE. MANY UPSTATE

FAMILIES HAVE TO SUBSIDIZE THEIR CHILDREN UNDER SUCH CIRCUMSTANCES,

AND I AM ONE. SO I UNDERSTAND THE NEW YORK CITY PERSPECTIVE.

I WILL BE SPEAKING TODAY AGAINST THE CHANGE IN

PHILOSOPHY THAT WE ARE UNDERGOING. MAKE NO MISTAKE ABOUT IT; WE ARE

HEADING TOWARD A FULL-TIME LEGISLATURE OF PROFESSIONAL POLITICIANS.

THAT IS NOT WHAT THOSE WHO WROTE OUR STATE CONSTITUTION HAD IN MIND.

THEY WANTED CITIZEN LEGISLATORS WHO ARE ENMESHED IN LIVES SIMILAR TO

THEIR CONSTITUENTS. THEIR DAILY LIFE EXPERIENCES ARE WHAT INFORMS THEIR

SERVICE IN THE ASSEMBLY. THEY DON'T LIVE IN THE IVORY TOWER.

I AM ALSO SPEAKING AGAINST THE SO-CALLED REFORM

NYS ASSEMBLY DECEMBER 22, 2022

GROUPS WHO HAVE DEMANDED A RESTRICTION ON LEGISLATIVE INCOME. NO

MATTER THAT THERE HAVE BEEN NO ABUSES OF OUTSIDE INCOME SINCE THE

CURRENT FULL DISCLOSURE LAWS WENT INTO EFFECT. IN 1927 THE SO-CALLED

"REFORMERS" GAVE US GUBERNATORIAL BUDGETING. THAT IS JUST ONE OF MANY

SO-CALLED "REFORMS" LIKE NOT PAYING LEGISLATORS IF THE BUDGET IS LATE, OR

GUBERNATORIAL APPOINTMENT OF JUDGES THAT HAVE MERELY ENHANCED THE

POWER OF THE GOVERNOR AND WEAKENED THE LEGISLATURE WITH NO

CORRESPONDING BENEFIT TO THE PUBLIC. THE PROPOSED BAN ON LEGISLATIVE

OUTSIDE INCOME IS OF THE VERY SAME KIND. IT APPEARS THAT SOME HAVE

LOST TOUCH WITH THE REAL LIVES OF NON-WEALTHY NEW YORKERS, ARE

ENGAGING IN ANTI-DEMOCRATIC MEAN-SPIRITED POLICIES THAT SIMPLY SERVE

TO HARM THOSE WHO HAVE WORKED HARD TO SERVE THE PUBLIC WITHOUT ANY

OFFSETTING BENEFIT TO THE PUBLIC. MY OUTSIDE INCOME, FOR EXAMPLE, IS

FULLY DISCLOSED TO MY CONSTITUENTS. IT HAS BEEN THE SUBJECT OF EXTENSIVE

REPORTING BY THE TIMES UNION, WAS RAISED REPEATEDLY BY MY OPPONENT

AND YET I WAS REELECTED WITH SIGNIFICANT MAJORITIES EVERY TIME IN A

PURPLE SUBURBAN DISTRICT.

UNDER THE PROPOSED RULES ONLY THE WEALTHY, THOSE WHO

CAN AFFORD TO LIVE OFF STOCK AND BONDS, THOSE WHO OWN SUBSTANTIAL

RENTAL PROPERTIES WHO CAN LIVE OFF THEIR RENTS LIKE MEDIEVAL LORDS,

PHYSICIANS, WHO WE ALL KNOW ARE SPECIAL, THE YOUNG BECAUSE THE SALARY

IS A GOOD ONE FOR YOUNG PEOPLE. THE RETIRED WITH PENSIONS, OR THOSE

WITH WEALTHY SPOUSES CAN AFFORD TO SERVE IN THE STATE LEGISLATURE.

MIDDLE-CLASS, MIDDLE-AGED PROFESSIONALS OF VARIOUS TYPES WITH

CHILDREN NEED NOT APPLY. MANY COME TO THE LEGISLATURE WITH WELL OVER

NYS ASSEMBLY DECEMBER 22, 2022

$100,000 IN DEBT TO PAY FOR THE COLLEGE EDUCATION OF THEIR CHILDREN, AND

SOME EVEN NOW WITH THEIR OWN COLLEGE OR PROFESSIONAL SCHOOL DEBT.

THAT IS THE REAL WORLD, NOT THE IDEAL WORLD IMAGINED BY SO-CALLED

"REFORMERS."

THE PURPOSE OF THIS SO-CALL "REFORM" IS OSTENSIBLY TO

AVOID CORRUPTION. AS A RESULT OF SHELDON SILVER, WE NOW HAVE 100

PERCENT FULL DISCLOSURE OF OUTSIDE INCOME. YOU CAN EASILY OBTAIN A

SPREADSHEET OF ALL MY CLIENTS AND THE FEES EARNED FROM THAT WORK TO SEE

IF THERE IS ANY CONFLICT WITH MY WORK AS A LEGISLATOR. THERE ISN'T.

LAWYERS WHO ARE NOT LEGISLATORS AVOID CONFLICTS OF INTEREST IN THEIR

PRACTICE EVERY DAY. SOMETIMES IT REQUIRES THE LAWYER TO TURN DOWN A

CLIENT. THE UNITED STATES SUPREME COURT HAS REPEATEDLY SAID THAT

FINANCIALLY PENALIZING PEOPLE WHO RUN FOR OFFICE IS UNCONSTITUTIONAL

AND A VIOLATION OF THE FIRST AMENDMENT, AS IT DEPRIVES VOTERS OF THE

RIGHT TO HEAR FROM CANDIDATES AND ELECTED OFFICIALS OF ALL BACKGROUNDS.

THAT IS WHY NO OTHER STATE IN THE NATION HAS THE RULE BEING PROPOSED.

THE UNITED STATES SUPREME COURT HAS REPEATEDLY SAID THAT EVEN IF

PREVENTING CORRUPTION IS A COMPELLING STATE INTEREST TO ENGAGE IN

LEGISLATION OF THIS TYPE, THAT INTEREST IS EFFECTIVELY SERVED BY FULL

DISCLOSURE SUCH AS THE REGIME THAT NEW YORK CURRENTLY HAS WITH

RESPECT TO OUTSIDE INCOME. I MUST POINT OUT THAT SHELDON SILVER WAS

CONVICTED BECAUSE HE HID OUTSIDE INCOME, AN EVENT THAT COULD OCCUR

EVEN IF THERE WERE A BAN ON OUTSIDE INCOME. HE USED HIS STATE POSITION

TO OBTAIN OUTSIDE INCOME. HE DID NOT WORK FOR IT. THAT IS WHY HE

DIDN'T DISCLOSE IT. OUTSIDE INCOME INCREASES THE INDEPENDENCE OF

NYS ASSEMBLY DECEMBER 22, 2022

LEGISLATORS, VIS-�-VIS THE GOVERNOR, AND MAKES US LESS VULNERABLE TO

GUBERNATORIAL RETALIATION.

I AM STUNNED AT THE PENCHANT FOR DEMEANING THE

LEGISLATURE OF BEING OF LESS VALUE. I UNDERSTAND WHY GOVERNOR CUOMO

DID IT. HE DID IT BECAUSE IT IS CONVENIENT POLITICALLY TO DEFLECT ATTENTION

FROM THE FAILURES OF THAT ADMINISTRATION IN THE AREAS OF BOTH ETHICS AND

POLICY. I DO NOT UNDERSTAND WHY IT'S NECESSARY FOR US TO DO IT TO

OURSELVES. LEGISLATURES WORLDWIDE ARE THE FOUNDATION OF DEMOCRACY.

IT WAS THE CONTINENTAL CONGRESS THAT WROTE THE CONSTITUTION, NOT THE

EXECUTIVE NOR EVEN THE EXALTED JUDICIARY.

TO THE EXTENT THAT SERVICE IN THE LEGISLATURE IS

DEMEANED, THIS CONTRIBUTES TO THE RISE OF DEMAGOGUES LIKE DONALD

TRUMP BY ENHANCING THE ARGUMENT THAT WE NEED A STRONGMAN LIKE

TRUMP OR CUOMO TO SAVE US. NONSENSE. THERE IS NO BASIS FOR LABELING

MEMBERS WHO HAVE WORKED INCREDIBLY HARD TO GAIN PUBLIC OFFICE AS

INHERENTLY CORRUPT BECAUSE OF THE ABUSE OF POWER OF A LEGISLATIVE

LEADER OR A GOVERNOR. AT THE SAME TIME AS WE HAVE DEMEANED THE

LEGISLATURE, WE HAVE EXALTED THE COURTS INTO A SPECIAL CLASS OF

INTELLECTUALLY-SUPERIOR BEINGS BY PAYING JUDGES A SALARY OF OVER

$200,000 PER YEAR. WE SEEM TO FORGET THAT THE JUDICIARY IS NOT THE

BASIC UNIT OF DEMOCRATIC GOVERNMENT. THE MORE POWER WE GIVE TO THE

JUDICIARY, THE LESS ENGAGED CITIZENS ARE IN DEMOCRACY. AS THE FAMOUS

JUDGE LEARNED HAND ONCE SAID - WHO I MUST ADD WAS FROM ALBANY - I

WOULD NOT WANT TO BE RULED BY A BEVY OF PLATONIC GUARDIANS. MANY

MILLIONAIRES UNDERSTAND THAT PRINCIPLE, AND GIVEN THE RISING AUTHORITY OF

NYS ASSEMBLY DECEMBER 22, 2022

THE UNITED STATES SUPREME COURT HAS SEIZED CONTROL OF IT AND ARE USING

IT FOR THEIR POLITICAL ENDS ALL DRESSED UP IN LEGAL DOCTRINE. THE CUOMO

MAJORITY COURT OF APPEALS IS SIMILAR. THE GOVERNOR HAS A HIGH SALARY

WHICH IN SOME WAYS IS COMMENSURATE WITH THAT ROLE. ON THE OTHER

HAND, I TELL MY CONSTITUENTS, TRY GETTING TO SEE THE GOVERNOR. SEE HOW

THAT WORKS FOR YOU. LEGISLATORS ARE THE MOST ACCESSIBLE OF ANY OF OUR

STATE ELECTEDS, AND THEREFORE PAY A -- PLAY A CRITICAL ROLE FOR THEIR

CONSTITUENTS. UNLIKE JUDGES, THE GOVERNOR OR CIVIL SERVANTS, THE LATTER

DO NOT NEED MORE POWER.

THE EFFORT TO DEMEAN THE FUNDAMENTAL INSTITUTION OF

DEMOCRACY IS FURTHER EVIDENT IN THIS PROPOSAL WHICH WILL PAY

LEGISLATORS LESS IN SALARY THAN WHAT A LARGE NUMBER OF STATE MANAGERIAL

EMPLOYEES ARE PAID. THE MESSAGE HERE IS THAT WE SHOULD NOT HAVE A

CITIZEN LEGISLATOR -- LEGISLATURE, BUT A PROFESSIONAL ONE. BUT THE

PROFESSIONAL LEGISLATORS WILL BE PAID LESS THAN STATE EMPLOYEES AT A

COMPARABLE LEVEL. THIS WILL ACCOMPLISH NOTHING BUT TO DEVALUE BEING

A LEGISLATOR AND TO CREATE A CLASS OF PROFESSIONAL POLITICIANS. THE CLAIM

TO APPLY THE CONGRESSIONAL MODEL, I AM SORRY TO SAY, IS FALSE.

CONGRESSIONAL OUTSIDE INCOME IS BASED ON A PERCENTAGE OF THE SALARY OF

HIGH-LEVEL GOVERNMENT EXECUTIVES SUCH AS DEPARTMENT HEADS AND IN OUR

CASE, COMMISSIONERS. THAT DOES NOT DEMEAN SERVICE IN THE

LEGISLATURE.

FINALLY, I AM UNAWARE OF ANY PROPOSED LIMITS ON THE

OUTSIDE INCOME OF THE EXECUTIVE, AN OFFICE WHOSE ABUSES AND

VULNERABILITY TO THE INFLUENCE OF CAMPAIGN CONTRIBUTIONS ARE SO

NYS ASSEMBLY DECEMBER 22, 2022

WELL-KNOWN AS TO NOT NEED FURTHER DETAIL. THERE ARE OFTEN MORE

CONFLICTS OF INTEREST IN SPOUSAL INCOME THAN IN THE FULLY-DISCLOSED

EARNED INCOME OF A LEGISLATOR.

BECAUSE I AM OPPOSED TO CREATING A CLASS OF

PROFESSIONAL POLITICIANS, I WILL BE VOTING IN THE NEGATIVE. THANK YOU.

ACTING SPEAKER GIBBS: MR. WALCZYK.

MR. WALCZYK: THANK YOU, MR. SPEAKER. I HEARD

THE SPONSOR MENTION $6.8 MILLION THIS WILL COST US ON AN ANNUAL BASIS.

I'M WONDERING IF SHE'LL YIELD FOR SOME QUESTIONS.

ACTING SPEAKER GIBBS: MS. WEINSTEIN, WOULD

YOU YIELD?

MS. WEINSTEIN: YES.

MR. WALCZYK: SO, WE'RE NOT CALLED BACK TO THIS

SESSION -- SESSION THAT THE SPEAKER HAS CALLED FOR A BUDGET BILL, THIS IS

A PAY RAISE FOR THE LEGISLATURE. DO WE HAVE A FISCAL PLAN FOR THE STATE

OF NEW YORK AT THIS POINT?

MS. WEINSTEIN: FOR -- THE AMOUNT FOR THE CURRENT

FISCAL YEAR IS ASSUMED TO BE COVERED BY THE -- THE REAPPROPRIATIONS IN

THE LEGISLATIVE AND JUDICIARY BUDGET.

MR. WALCZYK: AND THROUGH YOU, MR. SPEAKER, AS

-- AS CHAIR OF THE WAYS AND MEANS COMMITTEE, HAS THE COMPTROLLER

ISSUED ANY KIND OF GUIDANCE TO US ON THE FISCAL IMPACT OF WHAT THIS

LEGISLATION WILL DO?

MS. WEINSTEIN: NO. BUT, I MEAN, THERE'S NO NEED

FOR THE COMPTROLLER TO DO IT. THE 6.8- IS IN NEXT YEAR'S BUDGET. WE'LL

NYS ASSEMBLY DECEMBER 22, 2022

BE HAVING THOSE DISCUSSIONS STARTING SHORTLY. I'M SURE THERE'LL BE LOTS OF

OTHER ISSUES THAT PEOPLE RAISE AND WANT TO BE INCLUDED IN THAT ONCE WE

HAVE THE PRESENTATION BY THE GOVERNOR.

MR. WALCZYK: OKAY. THROUGH YOU, MR. SPEAKER,

DO YOU KNOW WHAT THE AVERAGE LABORER MAKES IN THE STATE OF NEW

YORK?

MS. WEINSTEIN: NO.

MR. WALCZYK: IT'S ABOUT $40,000. DO YOU KNOW

WHAT THE AVERAGE CONSTRUCTION WORKER MAKES IN THE STATE OF NEW

YORK?

MS. WEINSTEIN: NO.

MR. WALCZYK: IT'S ABOUT $47,000. DO YOU KNOW

HOW MUCH THE AVERAGE NURSE MAKES IN THE STATE OF NEW YORK?

MS. WEINSTEIN: I -- I'LL JUST STIPULATE THAT I -- YOU

CAN GO THROUGH A WHOLE BUNCH OF PROFESSIONS THAT I DON'T HAVE THAT

INFORMATION AT HAND.

MR. WALCZYK: THE AVERAGE -- THE AVERAGE NURSE

MAKES $93,000 A YEAR. THE AVERAGE FARMER MAKES $48,000 A YEAR.

THE AVERAGE TEACHER IN THE STATE OF NEW YORK MAKES $67,000 A YEAR.

THE AVERAGE TRUCK DRIVER, $68,000 A YEAR. THE AVERAGE ENGINEER WITH

A DEGREE MAKES $97,000 A YEAR. THE AVERAGE LEGISLATIVE STAFF THAT

WORKS FOR YOU OR ME OR MANY OTHER HERE MAKES $41,000 A YEAR AND THE

AVERAGE NEW YORK HOUSEHOLD INCOME IS $71,000 A YEAR. WHY DO YOU

THINK WE SHOULD BE PAID DOUBLE WHAT THE AVERAGE NEW YORK

HOUSEHOLD TAKES IN?

NYS ASSEMBLY DECEMBER 22, 2022

MS. WEINSTEIN: I THINK AS THE GOVERNOR

MENTIONED EARLIER AND THE SPEAKER HAS SAID AND FROM MY EXPERIENCE,

THE MEMBERS OF THE LEGISLATURE WORK VERY HARD. MEMBERS HAVE GIVEN

UP OTHER CAREERS TO RUN FOR THE ASSEMBLY AND THE STATE SENATE WHERE

PERHAPS THEY COULD BE EARNING MORE MONEY AND WE WANT MEMBERS TO

BE COMPENSATED ADEQUATELY.

MR. WALCZYK: THANK YOU.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER GIBBS: ON THE BILL.

MR. WALCZYK: AS WAS POINTED OUT EARLIER, THIS

DIDN'T COME UP IN THE GUBERNATORIAL DEBATE. WE JUST HAD A

GUBERNATORIAL ELECTION, I WATCHED THE WHOLE DEBATE. THIS DIDN'T COME

UP, IT DIDN'T COME UP IN THE PRIMARY DEBATE OR IN THE GENERAL ELECTION

DEBATE BECAUSE IT WASN'T AN ISSUE IN THIS CAMPAIGN. I'M SURE IT DIDN'T

COME UP IN ANY OF YOUR DEBATES WHEN YOU WERE EITHER REJECTED FROM

THE PEOPLE OF YOUR DISTRICT OR REHIRED TO DO THIS JOB WITH A SALARY THAT

YOU HAD ALREADY AGREED TO. AND THIS ISSUE DIDN'T COME UP SO IT WASN'T

ON THE BALLOT. THEY COULDN'T JUDGE YOU BASED ON WHAT YOUR VOTE IS

GOING TO BE TODAY. THERE'S A REASON THAT THE SPEAKER HAS CALLED THIS

SPECIAL SESSION RIGHT BEFORE A HOLIDAY WEEKEND, AND THERE'S A REASON

THAT IT WASN'T BROUGHT UP ON YOUR RE-ELECTION CAMPAIGNS. THERE'S A

REASON -- THERE'S A LAME DUCK LEGISLATURE IN THIS ROOM RIGHT NOW TO

VOTE ON THIS, AND THE REASON IS NOT BECAUSE THE PEOPLE IN THIS ROOM OR

IN THE CHAMBER ACROSS THE HALLWAY DESERVE DOUBLE WHAT THE AVERAGE

HOUSEHOLD BRINGS IN IN THE STATE OF NEW YORK. PEOPLE IN NEW YORK

NYS ASSEMBLY DECEMBER 22, 2022

CAN'T AFFORD GAS TO PUT IN THEIR VEHICLES, AND WE'RE ABOUT TO LET THE GAS

TAX EXPIRE AT THE END OF THE YEAR AND THIS IS WHAT WE'RE BRINGING

FORWARD IS A PROMISE THAT WE WILL TAX THEM FURTHER TO PAY FOR YOUR

SALARIES. PEOPLE CAN'T AFFORD GROCERIES, AND NOTHING IS BEING DONE BY

THIS LEGISLATIVE BODY ON ANY KIND OF EMERGENCY BASIS TO HELP WITH THE

COST OF AGRICULTURE PRODUCTION OR PRODUCTS IN THE STATE OF NEW YORK

AND WHAT PUTS THOSE GROCERIES ON THEIR SHELVES. PEOPLE CAN'T AFFORD

ENERGY IN THEIR HOMES AND THERE IS NOTHING BEING DONE BY THIS BODY

TODAY TO CURB WHAT THE CLCPA AND THE CLIMATE ACTION COUNCIL HAS

COMING DOWN THE PIKE FOR THEIR ENERGY COSTS AND IT'S NOT GOOD NEWS.

THERE IS ABSOLUTELY NO EMERGENCY FOR POVERTY FOR LEGISLATORS IN THE

STATE OF NEW YORK. NONE OF YOU ARE GOING BROKE, BUT THE PEOPLE THAT

YOU REPRESENT ARE. YOU SHOULD BE ASHAMED THAT YOU WOULD CALL A

SPECIAL SESSION TO BRING A BILL LIKE THIS TO THE FLOOR OF THE STATE

ASSEMBLY. YOU'RE GOING TO RAISE THE TAXES, AND THE REASON THAT I

BROUGHT THE LEGISLATION, THE BUDGET AND THE FISCAL PLAN, YOU'RE GOING TO

RAISE THE TAXES ON THE MIDDLE CLASS. THE SAME PROFESSIONS THAT I

MENTIONED. THEIR TAXES ARE GOING TO GO UP NEXT YEAR TO PAY FOR YOUR

RAISES. OBVIOUSLY, YOU ALLOWED -- YOU DISALLOWED THE PEOPLE FROM

KNOWING HOW YOU WERE GOING TO VOTE. BUT I KNOW EXACTLY HOW THE

PEOPLE WOULD HAVE VOTED IF YOU HAD SAID, I'M GOING TO GET TO ALBANY

AND GIVE MYSELF A PAY RAISE. THEY WOULD HAVE VOTED AGAINST YOU.

AND IF YOU PUT THIS AS A REFERENDUM ON THE BALLOT FOR NEW YORKERS,

THEY'D VOTE NO.

SO, MR. SPEAKER, ON BEHALF OF THE PEOPLE OF THE STATE

NYS ASSEMBLY DECEMBER 22, 2022

OF NEW YORK, I WILL VOTE NO AGAINST THE PAY RAISES FOR THIS LEGISLATURE.

ACTING SPEAKER GIBBS: MR. SCHMITT.

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

SPONSOR YIELD FOR A COUPLE QUESTIONS?

ACTING SPEAKER GIBBS: WILL THE SPONSOR

YIELD?

MS. WEINSTEIN: YES.

ACTING SPEAKER GIBBS: WHY DO YOU RISE?

(INAUDIBLE)

MR. WALCZYK, WILL YOU YIELD?

(INAUDIBLE)

MR. GOODELL: MR. SPEAKER, POINT OF ORDER. IF MR.

PRETLOW WANTS TO USE HIS TIME HE CAN ASK SOMEBODY ELSE TO YIELD.

CERTAINLY, YOU CAN CERTAINLY CALL ON HIM AFTER MR. SCHMITT IS

COMPLETED AND THEN HE'LL HAVE A WHOLE 15 MINUTES TO EXPLAIN HIS

POSITION OR ASK OTHERS TO YIELD. THANK YOU, MR. SPEAKER.

ACTING SPEAKER GIBBS: CONTINUE MR. SCHMITT.

MR. SCHMITT: ARE WE YIELD?

MS. WEINSTEIN: YES.

MR. SCHMITT: GREAT. WOULD YOU JUST BE ABLE TO

REITERATE WHAT THE FORMULA WAS OR THE PROCESS WAS TO GET TO THE 32,000

INCREASE NUMBER. I KNOW YOU MENTIONED BEFORE, WAS IT A FORMULA YOU

SAID OR...

MS. WEINSTEIN: YES. WE TOOK THE -- WE STARTED --

THE STARTING POINT THE RECOMMENDATION FROM THE 2018 COMMISSION OF

NYS ASSEMBLY DECEMBER 22, 2022

130,000 AND THEN ADJUSTED BASED ON THE NEW YORK STATE CONSUMER

PRICE INDEX TO GET TO AS I MENTIONED, $142,480 BUT OBVIOUSLY SETTLED

FOR THE -- DID NOT ROUND IT DOWN RATHER THAN ROUND IT UP.

MR. SCHMITT: NOW WHEN YOU SAY "WE," WAS THIS A

ELECTED OFFICIAL ASSEMBLYMEMBER DECISION, WAS THIS A SPEAKER

DECISION, WAS THERE A GROUP OF ECONOMISTS OR A LABORER EXPERTS THAT

WERE CONSULTED?

MS. WEINSTEIN: THIS IS HOW THE BILL WAS DRAFTED.

MR. SCHMITT: I'M SORRY. COULD YOU SAY THAT

AGAIN?

MS. WEINSTEIN: THE BILL WAS DRAFTED BASED ON THIS

FORMULA.

MR. SCHMITT: AND WHO CREATED THAT FORMULA?

MS. WEINSTEIN: IT'S THE -- IT'S THE NEW YORK STATE

CONSUMER PRICE INDEX BASED ON INFLATION FROM '21 AND '22 TO GET TO THIS

NUMBER.

MR. SCHMITT: SO LEGISLATIVE DIRECTOR RESEARCHED

THAT AND DID -- DID SOME MATH ON THE COMPUTER, BACK OF A NAPKIN OR IS

THERE SOMEBODY WITH A SPECIFIC EXPERTISE AND COMPENSATION THAT'S ON

STAFF OR...

MS. WEINSTEIN: YES. I HAVE A LOT OF CONFIDENCE IN

THE STAFF OF THE WAYS AND MEANS COMMITTEE AND THIS IS THE NUMBER

BASED ON THE NEW YORK STATE CONSUMER PRICE INDEX.

MR. SCHMITT: OKAY, BUT THERE'S NO SPECIFIC

POSITION OR OUTSIDE GROUP THAT WAS UTILIZED AS EXPERTISE IN

NYS ASSEMBLY DECEMBER 22, 2022

COMPENSATION RATES AND ECONOMIC STANDARDS.

MS. WEINSTEIN: NO, WE -- WE DIDN'T NEED TO. WE

HAD THE NUMBERS OF THE CONSUMER PRICE INDEX CHANGE.

MR. SCHMITT: NOW, YOU'VE MENTIONED SOMETHING

ABOUT FAMILY BUSINESS EXEMPTION FOR OUTSIDE INCOME. COULD YOU JUST

CLARIFY OR EXPAND ON WHAT THAT SPECIFIC DEFINITION IS?

MS. WEINSTEIN: WELL, THE -- THE -- THE FAMILY

BUSINESS CAN -- THE INCOME FROM THE FAMILY BUSINESS PROVIDED THE

MEMBER SERVICES ARE NOT A MATERIAL FACTOR IN PRODUCING THE INCOME.

MR. SCHMITT: SO AS LONG AS IF YOU HAVE A FAMILY

BUSINESS, DOES IT HAVE TO BE A CERTAIN AMOUNT OF TIME, COULD IT BE A

FAMILY BUSINESS THAT'S A DAY OLD, DOES IT HAVE TO BE 50 YEARS OLD? WHAT

CONSTITUTES A BONA FIDE --

MS. WEINSTEIN: THAT WOULD BE IN THE LEGISLATIVE

-- AS I MENTIONED EARLIER IN ORDER -- IF YOU'RE GOING TO BE EARNING MORE

THAN $5,000 ABOVE YOUR LEGISLATIVE SALARY YOU HAVE A REQUEST THAT GOES

TO THE LEGISLATIVE ETHICS COMMITTEE THAT LOOKS AT THE CURRENT PUBLIC

OFFICERS LAW AND MAKES ITS DETERMINATION WHETHER THERE'S -- NOT --

MAKE A DETERMINATION THAT THERE'S NOT A CONFLICT AND THEREFORE YOU CAN

PURSUE THAT COURSE OF INCOME PRODUCING AND THEY WOULD MAKE -- THE

LEGISLATIVE ETHICS COMMITTEE WOULD MAKE A SIMILAR DECISION WHEN

SOMEONE IN A FAMILY BUSINESS, WHETHER THAT WOULD BE MONEY THAT

WOULD -- WHETHER THEY -- THE EARNINGS FROM THAT FAMILY BUSINESS WOULD

BE EXCLUDED FROM THE INDIVIDUAL MEMBER'S INCOME.

MR. SCHMITT: SO THERE IS NOTHING DEFINED IN WHAT

NYS ASSEMBLY DECEMBER 22, 2022

WE'RE VOTING ON HERE TODAY, ANY CONCERNS OVER WHAT MAY OR MAY NOT BE

A LEGITIMATE FAMILY BUSINESS WILL BE A LATER DECISION ON MEMBERS OF THE

LEGISLATIVE ETHICS COMMISSION.

MS. WEINSTEIN: BASED ON -- ON A CASE BY CASE

BASIS, BASED ON THE INFORMATION PROVIDED TO THE LEGISLATIVE ETHICS

COMMISSION, WHICH I SHOULD MENTION IS EQUALLY DIVIDED.

MR. SCHMITT: MR. SPEAKER, I CAN'T HEAR WHAT SHE'S

SAYING. COULD YOU MAYBE BRING THE CHAMBER TO --

SERGEANT-AT-ARMS JACKSON: QUIET PLEASE,

LADIES AND GENTLEMEN.

MS. WEINSTEIN: IT WOULD BE AN INDIVIDUAL

DECISION FOR EACH INDIVIDUAL WHO WOULD MAKE A REQUEST OF -- FOR A

RULING FROM THE LEGISLATIVE ETHICS COMMISSION, WHICH AS THEY'VE DONE

IN THE PAST WITH THE REQUEST TO BE ABLE TO EARN -- WHEN YOU'RE EARNING

OVER $5,000 AND I WOULD JUST POINT OUT THAT THE LEGISLATIVE ETHICS

COMMITTEE IS BIPARTISAN.

MR. SCHMITT: NOW WHEN IT COMES TO SERVICE IN

ANY RESERVED FORCE OF THE UNITED STATES; ARMY, NATIONAL GUARD, ARMY

REVERSED, NAVY, COAST GUARD RESERVE, YOU NAME IT, MEDICAL RESERVE

CORPS, THE LIST GOES ON AND ON, WHAT ARE ANY OF THE RULES THAT WOULD BE

APPLICABLE TO THEM?

MS. WEINSTEIN: THAT IS SPECIFICALLY EXCLUDED;

ACTIVE DUTY, MILITARY RESERVES, NATIONAL GUARD, INCOME IS -- LINE DOWN

IN THE BILL AS EXCLUDED FROM THE CAP AND SO THEREFORE THAT INCOME AND

ALLOWANCES FROM THAT SERVICE IS ALLOWED.

NYS ASSEMBLY DECEMBER 22, 2022

MR. SCHMITT: SO IT COULD BE 36,000, IT COULD BE

100,000. THERE'S -- IT COULD BE ANYTHING. NO RESTRICTION.

MS. WEINSTEIN: CORRECT.

MR. SCHMITT: AND THAT'S INCLUSIVE OF ANY RESERVE,

EVEN SAY A MEDICAL RESERVE CORPS WHICH MAY NOT BE MILITARY BUT COULD

BE CALLED UPON FOR CIVIL EMERGENCES.

MS. WEINSTEIN: I BELIEVE THAT -- I BELIEVE THAT IS

CORRECT.

MR. SCHMITT: AND THAT WOULD ALSO INCLUDE STATE

MILITIA FORCES THAT MIGHT NOT BE FEDERALLY RECOGNIZED?

MS. WEINSTEIN: IF THAT IS ACTIVE MILITARY SERVICE,

YES.

MR. SCHMITT: OKAY. THE CONVERSATION EARLIER

ABOUT ANY LIMITS ON THE GOVERNOR, DOES THIS PROVIDE ANY CHANGES TO

EXECUTIVE COMPENSATION IN THE STATE OR ANY LIMITS ON EXECUTIVE

COMPENSATION OR RULES OF INCOME.

MS. WEINSTEIN: NO. THIS IS -- AMENDS

LEGISLATIVE LAW.

MR. SCHMITT: WILL LEGISLATORS HAVE ANY

RESTRICTIONS ON INCOME FROM BOOKS OR OTHER RELATED ACTIVITIES.

MS. WEINSTEIN: COPYRIGHT ROYALTY FEES IN THEIR

FUNCTIONAL EQUIVALENCE ARE EXCLUDED. FOR EXAMPLE, RESIDUALS FROM A

CAMEO APPEARANCE IN FILM.

MR. SCHMITT: SO IF A LEGISLATOR WANTED TO WRITE A

BOOK ABOUT WHAT THEY'VE DONE IN THE LAST EMERGENCY OF THE STATE AND

NYS ASSEMBLY DECEMBER 22, 2022

HOW THEY THOUGHT THEY WERE THE BEST RESPONSE TO IT, WOULD THEY BE

ALLOWED TO DO THAT WITH ANY ROYALTY?

MS. WEINSTEIN: IT -- I WOULD SAY IT WOULD BE

SUBJECT TO THE CAP AND PERHAPS HONOREE LIMITATIONS.

MR. SCHMITT: SO YOU COULD WRITE A BOOK BUT YOU

COULD NOT GET A ROYALTY OR A PAYMENT OF MORE THAN 35,000 FOR BEING AN

AUTHOR.

MS. WEINSTEIN: YEAH, I THINK THAT -- I WOULD

THINK IN THAT SITUATION THAT THE LEGISLATOR WOULD NEED -- WOULD

OBVIOUSLY BE SEEKING GUIDANCE AND I THINK THAT THE LEGISLATIVE ETHICS

COMMITTEE WOULD LIKELY PRECLUDE THE SITTING LEGISLATOR FROM WRITING

ABOUT THEIR CURRENT EXPERIENCE.

MR. SCHMITT: HOW COME IT WAS DECIDED TO

PROCEED -- I VIEW THIS AS A UNILATERAL DISARMAMENT WITH THE EXECUTIVE

BRANCH NOT BEING HELD TO THE SAME STANDARDS AS THE LEGISLATIVE BRANCH

PUTTING US IN A -- A WEAKER POSITION. WHY WAS THERE A DECISION TO

UNILATERALLY DISARM AND NOT INCLUDE RESTRICTIONS ON THE GOVERNOR,

LIEUTENANT GOVERNOR, ATTORNEY GENERAL, COMPTROLLER, IN ANY OF THESE

NEW RULES AND REGULATIONS THAT WE PUT IN?

MS. WEINSTEIN: WELL, THIS RELATES, AS I SAID, TO THE

LEGISLATIVE LAW RELATING TO -- CONVERSATION -- MEMBERS OF THE

ASSEMBLY AND THE SENATE. THE COMMISSION -- THE 2018 COMMISSION

WHICH SET SALARIES FOR STATEWIDE ELECTED OFFICIALS, WHICH WAS SET ON A

FOUR YEAR BASIS WAS NOT CHALLENGED IN THAT PORTION OF -- THE SALARY

INCREASE WAS NOT CHALLENGED IN COURT. THERE'S NOTHING TO SAY THAT WE

NYS ASSEMBLY DECEMBER 22, 2022

CAN'T ADDRESS THE ISSUES THAT YOU RAISE IN THE UPCOMING LEGISLATIVE

SESSION.

MR. SCHMITT: SO YOU PLAN TO BRING UP LEGISLATION

STARTING IN THE NEXT TERM THAT WOULD IMPACT EXECUTIVE OFFICES IN THE

STATE AND RESTRICT ANY OF THEIR OUTSIDE INCOME OR ABILITY TO WRITE BOOKS?

MS. WEINSTEIN: I DID NOT SAY THAT I WOULD. I SAID

THAT THAT IS AN ISSUE THAT COULD BE BROUGHT UP IN THE NEXT LEGISLATIVE

SESSION OR IN A FUTURE LEGISLATIVE SESSION BY ANY OF THE MEMBERS HERE.

MR. SCHMITT: WHEN IT COMES TO THE INCREASES THAT

WE'RE SEEING THAT WILL OBVIOUSLY TAKE IMMEDIATE IMPACT WITH THE FIRST

PAYCHECK FOR THE NEW LEGISLATURE IN JANUARY IF THIS IS PASSED AND

SIGNED INTO LAW?

MS. WEINSTEIN: YES.

MR. SCHMITT: AND TO A PREVIOUS COLLEAGUE'S

QUESTION, THIS IS BEING DONE OUTSIDE THE BUDGET CYCLE, THE BUDGET

PROCESS, SO WHERE'S THE FUNDING COMING FROM TO COVER THAT UP UNTIL

APRIL 1ST?

MS. WEINSTEIN: AS I MENTIONED, THE FIRST CYCLE OF

THE LAST QUARTER OF THE CURRENT FISCAL YEAR COMING FROM LEGISLATIVE

REAPPROPRIATIONS THAT ARE THERE IN -- IN THE CURRENT BUDGET AND GOING

FORWARD WOULD BE PART OF OUR NEXT YEAR'S BUDGET THE 2023-2024 BUDGET.

MR. SCHMITT: SO IF FOR SOME REASON THAT IS NOT

NEGOTIATED INTO THE NEXT BUDGET, HOW IS IT EXPECTED TO MEET THE -- OR WE

DON'T ASSUME THAT'S GOING TO BE A PROBLEM.

MS. WEINSTEIN: I -- THE LEGISLATIVE SALARIES ARE

NYS ASSEMBLY DECEMBER 22, 2022

INCLUDED IN THE LEGISLATIVE JUDICIARY BUDGET AND I WOULD ANTICIPATE THAT

THIS MONEY, THIS $6.8 MILLION WILL BE APPROPRIATED IN THE BUDGET -- IN

THE '23-'24 BUDGET.

MR. SCHMITT: GETTING BACK TO THE ISSUE ON RENTAL

INCOME THAT YOU'VE ASKED A FEW QUESTIONS ON, YOU'VE BEEN ASKED A FEW

QUESTIONS ON, JUST FOR SOME CLARITY, IF IT'S A PASSIVE RENTAL INCOME, WHAT

DETERMINES WHEN IT COMES TO RENTAL INCOME WHO QUALIFIES AS PASSIVE,

WHO QUALIFIES AS THAT?

MS. WEINSTEIN: AS I MENTIONED NUMEROUS TIMES,

THE LEGISLATURE -- IF YOU'RE PLANNING ON EARNING -- ANTICIPATING EARNING

MORE THAN MORE THAN $5,000 YOU NEED TO GO CURRENT LAW LEGISLATIVE

ETHICS COMMITTEE AND THIS WOULD BE -- YOU WOULD GO BEFORE THE

LEGISLATIVE ETHICS COMMITTEE AND THEY WOULD MAKE A DETERMINATION

WHETHER OR NOT IT WAS PASSIVE -- PASSIVE INCOME.

MR. SCHMITT: SO THE LEGISLATIVE ETHICS

COMMISSION WILL DETERMINE IF YOU ARE A PROPERTY OWNER OR IF YOU'RE

INVOLVED WITH A FAMILY ENTITY THAT MIGHT OWN PROPERTIES, IF YOU CAN

COUNT THAT OR NOT IN YOUR INCOME.

MS. WEINSTEIN: YES, BASED ON IF EVERY INDIVIDUAL

SITUATION IS DIFFERENT, THAT'S WHY WE DON'T HAVE MORE RESTRICTIONS HERE IN

THIS LEGISLATION BUT REFER BACK TO THE LEGISLATIVE ETHICS COMMITTEE

WHICH HAS BEEN MAKING THESE DETERMINATIONS --

MR. SCHMITT: I'M SORRY. SO THERE WILL BE NO

ADDITIONAL GUIDELINES ISSUED TO THE LEGISLATIVE ETHICS COMMISSION TO

BE ABLE TO MAKE THIS DETERMINATION EVEN THOUGH AS OF RIGHT NOW THE

NYS ASSEMBLY DECEMBER 22, 2022

LEGISLATIVE ETHICS COMMISSION DOESN'T HAVE ANY GUIDELINES TO THIS

BECAUSE IT'S NEVER BEEN A THING BEFORE. SO THEY'RE JUST GONNA CREATE

WHATEVER THEY WANT?

MS. WEINSTEIN: THERE IS THE -- WE ALREADY HAVE

THE PUBLIC OFFICERS LAW, SECTION 7374 THAT RELATE TO WHAT THE ELECTED

OFFICIALS PUBLIC OFFICER WHICH INCLUDES US CAN -- WHAT ACTIVITIES THEY

CAN ENGAGE IN OR NOT ENGAGE IN AND --

MR. SCHMITT: SORRY. RENTAL PROPERTY, FROM WHAT

I'M UNDERSTANDING, IS NOT CURRENTLY RESTRICTED IN THE WAY THAT YOU'RE

MENTIONING NOW, SO IT'S GOING TO BE RESTRICTED BUT WITH NO RULES ON HOW

IT'S GOING TO BE RESTRICTED.

MS. WEINSTEIN: IT MAY BE THAT THERE COULD BE

ADVISORY OPINIONS ISSUED BY THE LEGISLATIVE ETHICS COMMITTEE --

GENERAL ADVISORY OPINIONS THOUGH EACH INDIVIDUAL MEMBERS' SITUATION

WOULD HAVE TO BE TAKEN -- ADDRESSED BY AN INDIVIDUAL REQUEST TO THE

COMMISSION -- TO THE COMMITTEE.

MR. SCHMITT: THANK YOU.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. SCHMITT: MR. SPEAKER, NOT SURPRISINGLY MY

ASSEMBLY E-MAIL HAS FILLED WITH FOLKS WHO ARE AGGRESSIVELY OPPOSING

THIS PAY RAISE. I HAVEN'T GOTTEN ANY CALLS OR E-MAILS ASKING ME TO

SUPPORT THIS PAY RAISE. QUITE FRANKLY, THE SUCCESSORS TO THE ASSEMBLY

HAVE NOT EVEN ASKED ME TO SUPPORT THIS PAY RAISE. I CAN'T FIND ANYBODY

WHO SUPPORTS THIS PAY RAISE. THIS IS A REAL SLAP IN THE FACE THAT

NYS ASSEMBLY DECEMBER 22, 2022

CONSTITUENTS IN THE HUDSON VALLEY WHO I'VE HEARD FROM OVER THIS PAST

YEAR WHO ARE SUFFERING NO MATTER WHAT THEIR PROFESSION IS WITH THE COST

OF LIVING INCREASES, WHICH ARE JUST A BURDEN. CONTINUE TO COMPOUND

FROM PRICE OF EGGS, MILK, GAS, HOME HEATING OIL PARTICULARLY RIGHT NOW

AND OH, MAYBE GOT A LITTLE LOWER, WHATEVER, THAT -- THAT'S NOT IMPACTING

PEOPLE ON A DAY-TO-DAY BASIS. THEY'RE SUFFERING, TRYING TO KEEP

THEMSELVES WARM, TRYING TO DRIVE TO WORK, TRYING TO LIVE ON A FIXED

INCOME AND RETIREMENT AND TO HEAR THAT THEIR STATE LEGISLATURE IS GOING

TO GET A $32,000 INCREASE AFTER THE BALL DROPS IN TIMES SQUARE IN JUST A

FEW DAYS QUITE FRANKLY IS -- IS UNACCEPTABLE. WE HAVE SO MUCH WORK

THAT WE COULD BE DOING AND HERE THIS IS NOT TECHNICALLY CONSIDERED A

SPECIAL SESSION. SO AS COLLEAGUES HAVE POINTED OUT IT WOULD BE GREAT

TO BRING UP SOME OF THE BILLS THAT HAVE BEEN PROPOSED BY MYSELF AND

OTHERS THAT DEAL WITH BATTLING THE CURRENT INFLATION CRISIS, THAT DEAL WITH

THE PUBLIC SAFETY ISSUES THAT ARE AT HAND, THAT DEAL WITH ENSURING THAT

THOSE WHO ARE RETIRED AND MIGHT NEED OR WANT TO WORK AN ADDITIONAL

JOB CAN DO THAT WITHOUT THE RESTRICTIONS THAT MAKE IT VERY DIFFICULT TO

PROVIDE SERVICES SUCH AS DRIVING BUSES AND SECURITY FOR SCHOOLS THAT

MANY OF THOSE PUBLIC EMPLOYEES -- RETIRED PUBLIC EMPLOYEES ARE

SOUGHT OUT FOR. WE ALSO HAVE A NEW RESTRICTION THAT'S JUST BEING PLACED

ON THE LEGISLATURE, NOT THE EXECUTIVE. I'LL BE VOTING NO, MR. SPEAKER.

THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. FITZPATRICK.

MR. FITZPATRICK: THANK YOU, MR. SPEAKER. I'D

NYS ASSEMBLY DECEMBER 22, 2022

LIKE TO TAKE A SLIGHTLY DIFFERENT TACK IN THIS CONVERSATION. YOU KNOW

ELEVATING OUR PAY TO $142,000 THIS IS A SIGNIFICANT INCREASE, WE ALL

KNOW THAT, BUT IT'S NOT JUST AN INCREASE IN PAY. THIS IS ALSO A VERY

SIGNIFICANT PENSION SWEETENER, AND THAT ASPECT HAS NOT BEEN COVERED SO

FAR IN THIS CONVERSATION. I THINK IF YOU ARE GOING TO RECEIVE A LEVEL OF

COMPENSATION AT THIS LEVEL AND THE MAJORITY SETS THE RULES OF THE

HOUSE, THEY SET THE LEVEL OF COMPENSATION, BUT IF YOU ARE GETTING

COMPENSATION TO THE TUNE OF $142,000 TO SERVE IN THIS BODY, IT IS TIME

FOR THIS BODY TO PASS LEGISLATION FOR A CONSTITUTIONAL AMENDMENT TO

END THE DEFINED BENEFIT PLATFORM FOR ELECTED OFFICIALS IN THIS STATE. NOT

JUST FOR THE LEGISLATURE, BUT FOR THE GOVERNOR, FOR THE COMPTROLLER, FOR

THE ATTORNEY GENERAL, FOR COUNTY LEGISLATORS, COUNTY EXECUTIVES,

TOWN SUPERVISORS, TOWN COUNCIL MEMBERS, VILLAGE OFFICIALS, ETC.

ELECTED OFFICIALS SHOULD NOT BE IN A DEFINED BENEFIT PLATFORM. THE

SYSTEM IS UNSUSTAINABLE. IT IS PUTTING TREMENDOUS PRESSURE ON THE

INVESTMENT FUND. WE HAVE CONTRACTS WITH THE VARIOUS LABOR GROUPS THAT

HAVE CONTINUED TO PUT UPWARD PRESSURE ON THE INVESTMENT FUND. NOW

THAT WE'RE IN A RECESSION, GOING INTO A RECESSION, WE HAVE TREMENDOUS

UNDERPERFORMANCE IN THE MARKET, WE HAVE AN INCREASE IN CONTRIBUTION

PERCENTAGES FOR OUR LOCAL GOVERNMENTS. AND YET HERE WE ARE ELEVATING

OUR COMPENSATION AND RAISING THE COST OF OUR PENSION AS WELL. SO IF

YOU ARE RECEIVING A LEVEL WELL ABOVE $100,000, CLOSE TO $150,000, IT IS

IMPERATIVE, I BELIEVE THAT WE DO THE RIGHT THING FOR THE TAXPAYERS AND

FRANKLY THE RIGHT THING FOR OURSELVES AND TAKE THE STEP TO END OUR

PARTICIPATION IN A DEFINED BENEFIT PLATFORM. WE CAN DO IT. IT WOULD

NYS ASSEMBLY DECEMBER 22, 2022

REQUIRE A CONSTITUTIONAL AMENDMENT, WE CAN PASS IT. I UNDERSTAND TO

SUCCESSIVE LEGISLATURES WOULD TAKE SOME TIME BUT WE SHOULD NO LONGER

BE IN A DEFINED BENEFIT PLATFORM. AND I KNOW, MR. SPEAKER, I'M

SUPPOSED TO ADDRESS YOU WHEN WE GET UP AND SPEAK BUT I'M GOING TO

LOOK AT THE CAMERA BECAUSE I'M GOING TO ADDRESS YOU BUT I ALSO WANT TO

ADDRESS THE EDITORIAL BOARDS, THE REPORTERS, THE VARIOUS GOOD

GOVERNMENT GROUPS, PEOPLE LIKE MRS. JONES IN BUFFALO, PEOPLE LIKE

MRS. SMITH IN WATERTOWN AND EVEN MR. SHEFFORD FROM GREENLAWN, I

BELIEVE THEY WOULD LIKE TO SEE THE STATE OF NEW YORK ENACT LEGISLATION

THAT CAPS AND CLOSES PARTICIPATION IN THE DEFINED BENEFIT PLATFORM

ESPECIALLY AT THIS LEVEL OF COMPENSATION AND GOING FORWARD WE PAY OUR

OWN WAY AS ELECTED OFFICIALS. BECAUSE ONCE WE CONFER THIS BENEFIT, THE

DEFINED BENEFIT PENSION, YOU CREATED THE CAREER POLITICIAN. WHAT DO I

MEAN BY THAT? WELL, THE SYSTEM REWARDS WHAT? LONGEVITY. THE

LONGER YOU'RE IN THE SYSTEM, THE BETTER OFF YOUR PENSION -- THE BETTER

YOUR PENSION WILL BE, ESPECIALLY IF YOUR INCOME KEEPS RISING. SO WE'RE

NOT JUST GETTING AN INCREASE IN PAY, WE'RE GOING TO BE GETTING AN

INCREASE IN OUR PENSION DOWN THE ROAD AS WELL. I DON'T BELIEVE THAT IS

FAIR TO THE TAXPAYER. I THINK THE RIGHT THING TO DO IS COME BACK NEXT

YEAR ENACT LEGISLATION TO PUT A CONSTITUTIONAL AMENDMENT BEFORE THE

PEOPLE OF THE STATE OF NEW YORK AND WE ELIMINATE THE DEFINED BENEFIT

PENSION FOR ALL ELECTED OFFICIALS IN THIS STATE. AND THAT PUTS OUR INTEREST

MORE IN LINE WITH THOSE OF OUR CONSTITUENTS, THOSE PEOPLE WHO ARE IN

401KS AND IT'S THE OVERWHELMING MAJORITY OF THE PEOPLE OF THE STATE OF

NEW YORK AND THEY'RE HURTING RIGHT NOW. ASK ANY OF THEM HOW THEIR

NYS ASSEMBLY DECEMBER 22, 2022

401K IS DOING AND THEY'LL TELL YOU WHAT'S GOING ON OUT THERE, THEY'RE

HURTING. WE SHOULD BE IN THE SAME BOAT AS THEY ARE WITH REGARD TO THE

PENSION. SO IF YOU'RE GOING TO INCREASE YOUR PAY LET'S DO THE RIGHT THING

AND GET OUT OF THE DEFINED BENEFIT PLATFORM AND GET INTO THE 401K STYLE

DEFINED CONTRIBUTION PLATFORM. BELIEVE IT OR NOT SOME OF US IN THE

SENATE AND THE ASSEMBLY ARE ALREADY IN IT BECAUSE UNDER TIER 6, YOU

HAVE THE OPTION IF YOU'RE NON-UNION MAKING MORE THAN $75,000 A YEAR.

WE SHOULD MAKE THAT MANDATORY FOR ALL ELECTED OFFICIALS IN THE STATE OF

NEW YORK. WE CAN DO IT, WE SHOULD DO IT, AND I THINK WE OWE IT TO THE

PEOPLE OF THE STATE OF NEW YORK IF YOU'RE GOING TO RAISE YOUR PAY THEN

DON'T RAISE THE PENSION COST FOR THE TAXPAYERS AS WELL. SO LET'S DO IT.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MS. WALSH.

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

SPONSOR YIELD?

ACTING SPEAKER AUBRY: MS. WEINSTEIN, WILL

YOU YIELD?

MS. WEINSTEIN: YES.

ACTING SPEAKER AUBRY: MS. WEINSTEIN

YIELDS, MA'AM.

MS. WALSH: MS. WEINSTEIN, I JUST HAVE ONE

QUESTION ABOUT -- ARE YOU AWARE OF HOW MUCH MONEY IT'S COSTING TODAY

TO BRING THE LEGISLATURE HERE IN DOLLARS? HOW MUCH DOES IT COST TO

BRING US IN THE SENATE AND THE ASSEMBLY, DO YOU KNOW?

NYS ASSEMBLY DECEMBER 22, 2022

MS. WEINSTEIN: I -- I DON'T KNOW BECAUSE I DON'T

-- I HAVE NO IDEA WHO TRAVELS, WHO DOESN'T, AND TO GET HERE THEY HAVE

OTHER BUSINESS AND I DON'T KNOW WHO IS -- WHETHER EVERYBODY SUBMITS

-- SUBMITS REIMBURSEMENT FOR TRAVEL OR NOT.

MS. WALSH: THANK YOU VERY MUCH.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MS.

WALSH.

MS. WALSH: SO IT'S BEEN MY GREAT HONOR TO

REPRESENT THE 112TH ASSEMBLY DISTRICT FOR THE LAST SIX YEARS. I'M JUST

FINISHING MY SIXTH YEAR IN OFFICE, AND WHEN I STARTED THE SALARY LEVEL

FOR THIS POSITION WAS $79,500 AND I RAN, I WAS GRATEFUL TO HAVE -- TO

HAVE WON AND I'M GRATEFUL TO -- THAT I'LL BE RETURNING IN JANUARY WITH --

WITH MOST OF YOU AND TO CONTINUE TO SERVE. BUT I HAVE TO SAY THAT

TODAY, COMING TO ALBANY AND HEARING THIS DEBATE AND BEING HERE, THE

WORD THAT KEEPS COMING INTO MY MIND IS JUST EMBARRASSMENT. I'M

EMBARRASSED THAT I -- I'VE BEEN TOLD THAT IT COST AROUND $35,000 IN PER

DIEM TO BRING US ALL BACK IN HERE AND TO TAKE UP THIS ONE BILL AGENDA,

WHICH BUMPS THE PAY UP 29 PERCENT TO -- TO LEGISLATORS. AND MOST OF

THIS HAS BEEN COVERED BY OTHER SPEAKERS AND I'M NOT GOING TO GO -- GO

THROUGH ALL OF THAT. WE'VE HEARD A LOT ABOUT THAT ISSUE OF -- FOR ME

COMING IN IN 2017, JANUARY 2017 TO NOW, MY PAY WILL HAVE INCREASED

ABOUT 80 PERCENT WHICH IS -- IS PRETTY AMAZING. CERTAINLY NOT WHAT I

THOUGHT WHEN I -- WHEN I STARTED TO RUN AND WHEN I FIRST CAME INTO

OFFICE, IT'S NOT WHAT I EXCEPTED COMING INTO JANUARY OF NEXT YEAR. BUT,

NYS ASSEMBLY DECEMBER 22, 2022

WHAT I'D LIKE TO TALK ABOUT, I'D LIKE TO PICK UP ON SOME OF THE COMMENTS

MADE BY A PREVIOUS SPEAKER ABOUT THE OUTSIDE INCOME PIECE OF THIS BILL

BECAUSE I'M WORRIED ABOUT THE IMPACT THAT THAT PART OF THE BILL IS GOING

TO HAVE ON THE -- THE CALIBRE AND QUALITY OF THE DEBATE AND MEMBERS IN

OUR BODY GOING FORWARD. ONE OF THE THINGS THAT I REALLY FOUND REALLY

MOST GRATIFYING ABOUT COMING TO THE ASSEMBLY AND GETTING TO KNOW

EVERYBODY IS THE REAL DIVERSITY THAT IS BROUGHT IN. NOT JUST FOR ME

WHO'S ALWAYS BEEN UPSTATE, WHO LEANS ON MY R'S LIKE AN UPSTATER, YOU

KNOW, I -- I'VE ALWAYS BEEN FROM THIS AREA AND GETTING TO KNOW PEOPLE

FROM OTHER PARTS OF THE STATE, THE CITY, TO BUFFALO. IT'S BEEN REALLY

INFORMATIVE FOR ME BUT ALSO THE -- THE DIFFERENT KINDS OF JOBS, THE

DIFFERENT KINDS OF BACKGROUNDS THAT EVERYBODY HAD BEFORE COMING

HERE. I THINK REALLY ENRICH THE QUALITY OF THE DEBATE THAT WE HAVE, THE

KIND OF LEGISLATION THAT GETS BROUGHT FORWARD. YOU ALL KNOW THAT MY

BACKGROUND IS AS AN ATTORNEY, I'VE BEEN AN ATTORNEY FOR OVER 30 YEARS.

WHEN -- WHEN I'M -- I'M GUIDED BY AND I HAVE TO FOLLOW CERTAIN ETHICAL

CANONS AND GUIDANCE IN THE WAY THAT I PRACTICE LAW. I STILL MAINTAIN A

PRIVATE PRACTICE. I WILL SAY RIGHT UP FRONT THAT THE -- THE INCOME CAP

THAT'S -- THE OUTSIDE INCOME CAP THAT'S IN THIS BILL IS NOT GOING TO

ADVERSELY EFFECT ME BECAUSE MOST OF THE WORK THAT I DO IS AS AN

ATTORNEY FOR CHILDREN AND THE PAY THAT I RECEIVE FOR THAT -- FOR THOSE

SERVICES THAT I PROVIDE FOR THE KIDS IN FAMILY COURT IS COMING THROUGH

THE STATE. SO THAT'S FALLS, I BELIEVE WITHIN ONE OF THE EXCEPTIONS TO THE

CAP. SO I'M NOT SPEAKING AS SOMEBODY WHO IS PERSONALLY OUTRAGED, I'M

MORE CONCERNED ABOUT JUST THE REST OF US, ALL OF US TOGETHER IN THIS

NYS ASSEMBLY DECEMBER 22, 2022

CHAMBER GOING FORWARD. I THINK THAT IF YOU ARE AN ATTORNEY AND YOU

ARE ALREADY COVERED BY ALL OF THE ETHICAL RULES I KNOW THAT I CAN'T TAKE

ON MORE WORK THAT I CAN COMPETENTLY HANDLE. I CAN'T TAKE ON TYPES OF

WORK THAT I CAN'T COMPETENTLY HANDLE, OR I MIGHT FACE A MALPRACTICE

ACTION, OR I MAY BE REPORTED TO A COMMITTEE ON -- ON ATTORNEY CONDUCT,

AN ATTORNEY MISCONDUCT COMMITTEE. I ALSO KNOW THAT EVERY SINGLE YEAR

AND YOU ALL KNOW IT TOO, WE HAVE TO FILL OUT FINANCIAL DISCLOSURE FORMS

THAT ARE -- THEY'RE PAINFUL, THEY'RE SO DETAILED. THEY WANT TO KNOW

ABOUT ME, THEY WANT TO KNOW ABOUT MY SPOUSE, THEY WANT TO KNOW

ABOUT MY KIDS, THEY WANT TO KNOW NOT MY FILES, BECAUSE THEY'RE FAMILY

COURT FILES, BUT FOR MOST ATTORNEYS A COMPLETE LIST OF WHO YOUR CLIENTS

ARE, WHAT KIND OF CLIENTS THERE ARE, AND AS A PREVIOUS SPEAKER SAID I

THINK THAT WITH THE ADVENT OF THAT REALLY DETAILED FINANCIAL DISCLOSURE,

WE CAN IDENTIFY POTENTIAL CONFLICTS, WE CAN REALLY HAVE A GOOD SENSE.

THE PUBLIC CAN TRANSPARENTLY SEE WHAT I'M REPORTING AND UNDERSTAND

THE KIND OF WORK THAT I DO, WHAT I EARN, WHAT EVERYBODY IN MY FAMILY

EARNS, AD NAUSEAM. SO THE IDEA THAT THIS CAP HAS BEEN PUT INTO PLACE TO

PREVENT CONFLICTS, I DON'T SEE WHAT KIND OF CONFLICTS IT -- WHAT KIND OF

CONFLICTS DOES A -- DOES A FARMER HAVE EXACTLY, A CONFLICT OF INTEREST

WITH LEGISLATIVE WORK. I MEAN I GUESS WE WOULD FIND OUT ON THE

FINANCIAL DISCLOSURE FORM AND ON THE LEGISLATIVE ETHICS FORMS THAT ARE

FILLED OUT, BUT I CAN'T ENVISION THAT SO I -- I -- I FEEL LIKE THE -- THE CAP

THAT'S BEING PUT ON US IS REALLY TO SAY THAT YOU'RE SUPPOSED TO DEVOTE THE

VAST MAJORITY OF YOUR TIME TO YOUR LEGISLATIVE DUTIES AND I EMBRACE

THAT, I AGREE WITH THAT. I THINK WE DO. WE UNDERSTAND THAT IF WE EVEN

NYS ASSEMBLY DECEMBER 22, 2022

HOPE TO BE RE-ELECTED EVERY TWO YEARS WE NEED TO SERVE OUR

CONSTITUENCIES. WE NEED TO DO A GOOD JOB. SOME OF THAT IS GOING TO

EVENTS BACK IN OUR DISTRICTS. A LOT OF THAT IS BEING HERE IN THE SEATS

PARTICIPATING, DEBATING, CRAFTING LEGISLATION, AND DOING A GOOD JOB AS

LEGISLATORS. WE KNOW THAT, WE KNOW THAT. AND I REALLY DON'T THINK THAT

AS WE LOOK AT THE BIG ETHICAL PROBLEMS THAT WE HAVE HAD AS A BODY AND

AS A GOVERNMENT IN RECENT YEARS I DON'T THINK THAT THIS ISSUE OF A -- OF A

CAP IN EARNINGS IS GOING TO REALLY ADDRESS THOSE BAD ACTORS THAT WE'VE --

THAT HAVE HAD TO HAVE BEEN CALLED OUT AND ADDRESSED. I DON'T THINK IT'S

GOING TO MAKE ANY DIFFERENCE AT ALL. BUT I THINK IT COULD IMPACT THE

KIND OF PEOPLE THAT ARE GOING TO CHOOSE TO SERVE, THAT ARE GOING TO BE

ABLE TO SERVE. AND I THINK IT REALLY MIGHT IMPACT WHO'S GOING TO HAVE

TO MAKE THE DIFFICULT CHOICE TO NOT RUN AGAIN AND TO LEAVE AND I WORRY

ABOUT THE -- AS I SAID, WHAT THIS BODY IS GOING TO BE LIKE WHEN THAT --

WHEN THAT HAPPENS, WHEN THAT DAY COMES. YOU KNOW WE'RE IN A VERY --

AS A LAWYER I MEAN I'M ALREADY IN A VERY UNPOPULAR PROFESSION AND AS

LEGISLATORS, GOD KNOWS WE ARE IN A VERY UNPOPULAR -- WE ARE IN A VERY

UNPOPULAR PROFESSION. SO WE -- I KIND OF HAVE THAT DOUBLE, RIGHT? AND

SOME OF US DO IN THIS -- IN THIS -- IN THIS ROOM. BUT ALL I CAN REALLY SAY,

KIND OF TO CLOSE, AND I DO BELIEVE I MAY BE THE LAST SPEAKER, IS WAIT

UNTIL THE PUBLIC HEARS ABOUT THE OTHER GREAT IDEA THAT CAME UP FROM

NEW YORK CITY FROM MY FRIENDS IN THE CITY ON PUBLIC FINANCING OF

CAMPAIGNS. WAIT UNTIL THE PUBLIC REALLY WRAPS THEIR ARMS AROUND THAT

IDEA. BECAUSE IF YOU THINK THAT WE'RE UNPOPULAR NOW, GIVING A --

BUMPING OURSELVES UP RIGHT BEFORE CHRISTMAS DURING A RECESSION OR

NYS ASSEMBLY DECEMBER 22, 2022

NEAR A RECESSION, WHEN PEOPLE CAN'T DECIDE WHETHER THEY'RE GOING TO

BUY A TOY FOR THEIR KID OR THEY'RE GOING TO BUY A BAG OF GROCERIES OR IF

THEY'RE GOING TO FILL UP THEIR GAS TANK. WAIT UNTIL THEY FIND OUT THAT OUT

OF THEIR TAX DOLLARS THEY'RE ALSO GOING TO BE PAYING FOR CAREER

POLITICIANS, WHICH IS WHAT WE WILL BE BRANDED NOW, FOR SURE, WHAT

WE'RE GOING TO -- THEY'RE GOING TO BE PAYING US SO THAT WE CAN RUN OUR

CAMPAIGNS. SO ANYWAY, OBVIOUSLY I WILL BE VOTING IN THE NEGATIVE.

I'M VERY DISAPPOINTED THAT THE BODY WOULD NOT CONSIDER GERMANE THE --

I THINK THE VERY REASONABLE AMENDMENT TO PUT THIS UP TO A VOTE. LET

THE VOTERS DECIDE WHAT OUR PAY SHOULD BE, NOT OURSELVES. AND I WOULD

ENCOURAGE MY COLLEAGUES TO VOTE IN THE NEGATIVE. AND A VERY HAPPY

HOLIDAYS TO EVERYONE. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

AND MR. GOODELL FOR A SECOND.

MR. GOODELL: THANK YOU, MR. SPEAKER. SO TODAY

WE'VE BEEN CALLED BACK INTO SESSION NOT TO HELP OUR CONSTITUENTS, BUT TO

HELP OURSELVES. THINK ABOUT THAT FOR A MINUTE. WE'VE COME BACK HERE

TODAY NOT TO HELP OUR CONSTITUENTS, BUT TO HELP OURSELVES. EACH OF US IN

THIS HOLIDAY SEASON MAY HAVE DIFFERENT CHRISTMAS TRADITIONS. IN MY

DISTRICT THE PREDOMINANT CHRISTMAS TRADITION IS TO GET GIFT FOR OTHERS.

WE DON'T HAVE A CHRISTMAS TRADITION THAT'S WELL-RECOGNIZED IN MY

DISTRICT OF BUYING GIFTS FOR OURSELVES. BUT HERE WE ARE THREE DAYS

BEFORE CHRISTMAS ASKED TO VOTE OURSELVES A $32,000 SALARY INCREASE.

THANK YOU VERY MUCH. SO BEFORE YOU VOTE ON THAT SALARY INCREASE AND

MOST OF YOU WILL STILL BE HERE IN WHAT WE USED TO CALL THE PEOPLE'S

NYS ASSEMBLY DECEMBER 22, 2022

HOUSE, THINK ABOUT WHAT YOUR NEW SALARY COMPARES TO THE PEOPLE YOU

CLAIM TO REPRESENT. MAYBE YOU'RE FROM THE BRONX IN WHICH CASE YOU'LL

BE VOTING YOURSELF A SALARY THAT'S MORE THAN THREE TIMES HIGHER THAN THE

MEDIAN INCOME IN YOUR COUNTY. OR MAYBE YOU'RE FROM KINGS, OR

QUEENS, OR ERIE, OR MONROE, WHERE YOUR NEW SALARY WILL BE ONLY TWICE

AS HIGH AS THE MEDIAN INCOME IN YOUR COUNTY. SO WHAT HAVE WE DONE

TO DESERVE TO BE PAID TWICE AS MUCH OR THREE TIMES AS MUCH AS THE

PEOPLE WE CLAIM TO REPRESENT? WELL, NEW YORK STATE IS NUMBER ONE.

NUMBER ONE IN THE NATION IN THE NUMBER OF PEOPLE THAT HAVE LEFT.

WE'RE NUMBER ONE IN THE NATION IN THE AMOUNT OF INCOME THAT'S LEFT.

WE ARE FACING A RECORD HOMELESSNESS PROBLEM. WE'RE PAINFULLY AWARE

OF WHAT'S HAPPENING IN OUR STREETS WITH CRIME AND REPEAT OFFENDERS. SO

WE'RE HERE TO SAY THAT WE DESERVE A 78 PERCENT INCREASE IN OUR SALARY

OVER FOUR YEARS BECAUSE WE'RE LEADING THE NATION IN ALL THE WRONG

INDICATORS?

LAST WEEK I SAW TWO INTERESTING ANNOUNCEMENTS. ONE

WAS A RIBBON CUTTING ON A BRAND-NEW CORPORATE HEADQUARTERS WHERE

THEY'RE HIRING 4 TO 5,000 HIGHLY-PAID WORKERS. THAT RIBBON CUTTING WAS

WITH GOLDMAN SACHS IN TEXAS. AND IT WAS FOLLOWED A WEEK LATER BY

AN ANNOUNCEMENT FROM GOLDMAN SACHS THAT THEY'RE LAYING OFF 4 TO

5,000 HIGHLY-PAID WORKERS IN NEW YORK CITY. YOU KNOW SADLY, WE

HAVE A REPUTATION IN THE NATION AS BEING ANTI-BUSINESS. YOU DON'T TAKE

MY WORD FOR IT, DON'T TAKE MY WORD FOR IT, JUST TALK TO ANY BUSINESS

LEADERS WHO ARE RELOCATING TO OTHER STATES. TAKE A LOOK AT THE INCOME

DATA THAT'S COMING IN. AND THE PROJECTED MULTI-BILLION DOLLAR SHORTFALL

NYS ASSEMBLY DECEMBER 22, 2022

IN NEW YORK CITY BECAUSE OF THE LOSS OF BILLIONS OF DOLLARS OF ADJUSTED

GROSS INCOME FROM NEW YORKERS WHO HAVE LEFT NEW YORK. SO HOW

ARE WE ADDRESSING THIS ANTI-BUSINESS ATTITUDE? THIS LEGISLATION SAYS IF

YOU ARE A SUCCESSFUL BUSINESSMAN YOU CANNOT SERVE ON THE FLOOR OF THIS

ASSEMBLY UNLESS YOU SELL YOUR BUSINESS. YOU CAN'T SERVE ON THE FLOOR

OF THE ASSEMBLY IF YOU'RE A SUCCESSFUL FARMER UNLESS YOU SELL THE

FAMILY FARM. YOU CAN'T BE HERE IF YOU'RE A SUCCESSFUL MANUFACTURER

UNLESS YOU SELL YOUR MANUFACTURING OPERATION. AND WE'RE TOLD IT'S TO

AVOID A CONFLICT OF INTEREST. WELL, TAKE A MINUTE AND THINK FOR YOURSELF.

WHAT CONFLICT OF INTEREST IS THERE IF YOU RUN A FAMILY FARM? WHAT'S

YOUR CONFLICT OF INTEREST IF YOU RUN A DRY CLEANERS? OR A BODEGA? OR

THE NEIGHBORHOOD GROCERY STORE? OR INSURANCE BUSINESS? WHAT IS THE

CONFLICT OF INTEREST IF YOU SERVE AS A HEALTHCARE WORKER? YET WE MAKE

ALL OF THOSE PEOPLE INELIGIBLE TO SERVE HERE IN THE ASSEMBLY. THAT'S

WHAT THIS BILL DOES. IT SAYS IF YOU'RE SUCCESSFUL IN BUSINESS, YOU CANNOT

SERVE ON THE FLOOR OF THE ASSEMBLY. NOW WHAT HAPPENS IF YOU THINK

YOU'RE NOT THAT SUCCESSFUL AND YOU RUN AND YOU WIN? WELL, IF YOU TURN

OUT TO BE A LITTLE BIT MORE SUCCESSFUL THAN YOU THOUGHT AND YOU MADE

MORE THAN 35,000 YOU CAN'T VOTE. YOU MAY HAVE BEEN ELECTED BY YOUR

CONSTITUENTS WITH OVER 70 PERCENT OF THE VOTE. YOU MAY HAVE RUN

UNOPPOSED. BUT IF YOU MAKE MORE THAN 35,000 IN YOUR RETAIL STORE, OR

ON YOUR FARM, OR AS A CONTRACTOR, YOU CAN'T VOTE ON THE FLOOR OF THE

ASSEMBLY, AND WE CLAIM THAT WE'RE NOT ANTI-BUSINESS? MY FRIENDS,

VOTING OURSELVES A $32,000 SALARY INCREASE, JUST BEFORE CHRISTMAS, AND

MAKING IT ILLEGAL FOR ANYONE WHO IS SUCCESSFUL OUTSIDE THIS CHAMBER TO

NYS ASSEMBLY DECEMBER 22, 2022

SERVE ON THE CHAMBER AND PROHIBITING THEM FROM EVEN VOTING IS AN

ABSOLUTE DISGRACE. AND IF WE CLAIM TO REPRESENT THE PEOPLE IN OUR

DISTRICTS, IF WE CLAIM TO BE REPRESENTING IN THE PEOPLE'S HOUSE THE MEN

AND WOMEN THAT WORK SO HARD IN OUR DISTRICTS, IF WE CLAIM TO REPRESENT

THE MIDDLE-CLASS, IF WE CLAIM TO REPRESENT BLUE COLLAR WORKERS, WE

SHOULD NOT BE VOTING OURSELVES A SALARY INCREASE THAT'S TWO TO THREE

TIMES HIGHER THAN THEY WILL EVER EARN. I'M OPPOSED TO THE SALARY

INCREASE. TO ME IT'S SHOCKING. I RAN BECAUSE I HAVE A PASSION FOR

PUBLIC SERVICE. HOPE IT'S NO SURPRISE TO ANYONE I COULD EARN A LOT MORE

IN THE PRIVATE SECTOR. I RAN AS I HOPE YOU DID. NOT TO MAKE TWICE AS

MUCH AS ANYONE IN MY COUNTY DOES ON A MEDIAN INCOME, BUT TO DO

WHAT I CAN TO HELP THEM. AND SO I WOULD RECOMMEND THAT WE DON'T

MAKE IT ILLEGAL TO BE A SUCCESSFUL BUSINESS PERSON, WE DON'T MAKE IT

ILLEGAL FOR YOU TO BE A FARMER, OR AN ACCOUNTANT, OR A VETERINARIAN, OR A

DOCTOR, OR A PHARMACIST AND SIT ON THE FLOOR OF THE LEGISLATURE, THAT WE

DON'T LIMIT THE MEMBERSHIP TO THIS ORGANIZATION TO THIS ASSEMBLY TO

THIS INSTITUTION TO THOSE WHO ARE UNSUCCESSFUL, WHO ARE UNEMPLOYED, OR

UNEMPLOYABLE. THAT WE INSTEAD, WE EMBRACE PEOPLE WHO ARE

SUCCESSFUL AND WE WELCOME THEIR PUBLIC SERVICE AND THAT'S THE MISSION

WE SHOULD HAVE AS AN ASSEMBLY. THIS BILL DOES THE OPPOSITE. THANK

YOU, MR. SPEAKER, AND THANK YOU TO MY COLLEAGUES.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

ON A MOTION BY MS. WEINSTEIN THE SENATE BILL IS

BEFORE THE HOUSE. THE SENATE BILL IS ADVANCED.

READ THE LAST SECTION.

NYS ASSEMBLY DECEMBER 22, 2022

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE)

MR. GOTTFRIED TO EXPLAIN HIS VOTE. QUIET PLEASE.

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

WEEK GOVERNOR HOCHUL WAS ASKED WHETHER SHE SUPPORTED A LEGISLATIVE

PAY RAISE. AND SHE SAID WE WORK HARD, "WE" REFERRING TO US, WE WORK

HARD, IT'S A FULL-TIME JOB AND SHE SUPPORTS IT. NOW I'VE SERVED WITH NINE

GOVERNORS OVER 52 YEARS. I HAVE NEVER HEARD A GOVERNOR SAY ANYTHING

LIKE THAT. NOW I HAVE THANKED GOVERNOR HOCHUL PRIVATELY BUT I JUST

WANT TO SAY PUBLICLY WHAT AN HONEST, DECENT AND STANDUP THING THAT

WAS. MR. SPEAKER, GOVERNOR HOCHUL IS RIGHT. AND I WANT TO GIVE A

SPECIAL THANK YOU TO SPEAKER HEASTIE FOR HIS SKILL AND DEDICATION TO

THIS BODY IN BRINGING THIS ABOUT. PRESUMABLY THIS IS THE LAST BILL I WILL

VOTE ON AS A MEMBER OF THE ASSEMBLY AND I AM DELIGHTED TO BE ABLE TO

VOTE FOR THIS BILL. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

(APPLAUSE)

MR. SCHMITT.

MR. SCHMITT: TO EXPLAIN MY VOTE.

ACTING SPEAKER AUBRY: PROCEED.

MR. SCHMITT: MR. SPEAKER, I'LL BE VOTING NO ON

THIS PIECE OF LEGISLATION. I THINK THAT OVER THE LAST YEAR TALKING TO

CONSTITUENTS, HEARING REALLY THE DIFFICULTIES THEY'RE HAVING FINANCIALLY

NYS ASSEMBLY DECEMBER 22, 2022

WITH RISING COSTS, THEIR SALARIES ARE NOT INCREASING AT THE RATE OF THIS

PROPOSAL. THE PROCESS WHICH WAS DONE IN A POLITICAL MANNER TO RAISE IT

IS UNACCEPTABLE TO UNILATERALLY DISARM AND NOT PUT RESTRICTIONS ALSO ON

THE GOVERNOR AND THE EXECUTIVE OFFICES HERE IN THE STATE OF NEW YORK

TO HOLD THEM TO THE SAME STANDARD AS THE LEGISLATURE DOESN'T MAKE ANY

SENSE TO ME. AND ALSO, I FIND IT TO BE RECKLESS TO PUT RULES IN PLACE THAT

WOULD RESTRICT SOMEONE'S ABILITY TO SERVE IN A CONSTITUTIONAL OFFICE AND

NOT SPECIFICALLY OUTLINE THEM. TO ASK MEN AND WOMEN OF OUR STATE TO

STEP UP AND SERVE REGARDLESS OF PARTY, REGARDLESS OF WHAT REGION THEY

ARE IN AND BE TOLD THAT THEY MIGHT HAVE TO SELL A FAMILY BUSINESS, THEY

MIGHT NOT BE ABLE TO WORK IN THEIR PROFESSION DEPENDING ON A RULING OF

THE LEGISLATIVE ETHICS COMMISSION AFTER THEY GET HERE, JUST DOES NOT

MAKE ANY SENSE AND WILL TRULY RESTRICT THE AMOUNT OF PEOPLE WHO CAN

SERVE. SO THIS BILL WILL RESTRICT THE AMOUNT OF PEOPLE AND THE QUALITY OF

PEOPLE WHO CAN SERVE IN THIS CHAMBER AND WILL ALSO BE AN AFFRONT TO

THE HARDWORKING MEN AND WOMEN NO MATTER WHAT PART OF THE STATE WE

COME FROM INCLUDING IN ORANGE COUNTY WHERE OUR MEDIAN INCOME IS --

IS 85,000. NOW LEGISLATORS FROM ORANGE COUNTY WILL BE MAKING OVER

140,000. IT JUST DOES NOT MAKE ANY SENSE. SO MR. SPEAKER, I

APPRECIATE YOU LISTENING TO THIS MATTER AND WILL BE CASTING MY VOTE IN

THE NEGATIVE. THANK YOU.

ACTING SPEAKER AUBRY: MR. SCHMITT IN THE

NEGATIVE.

MR. LAWLER TO EXPLAIN HIS VOTE.

MR. LAWLER: THANK YOU, MR. SPEAKER. THIS WILL

NYS ASSEMBLY DECEMBER 22, 2022

BE MY LAST VOTE AND I PROUDLY VOTE NO ON GIVING THIS LEGISLATIVE BODY A

PAY RAISE. THERE'S A SAYING PIGS GET FAT, HOGS GET SLAUGHTERED. THIS

BODY CHOSE EARLIER THIS YEAR TO TRY AND GERRYMANDER A MAP TO LIMIT

REPUBLICAN REPRESENTATION. THEY WERE ROUNDLY THROWN OUT IN COURT

DESERVEDLY. AND BY THE WAY THANK YOU BECAUSE I WILL NOW BE GOING TO

CONGRESS. BUT THE BOTTOM LINE HERE IS THIS. THIS BODY HAS FAILED TO

REPRESENT THE INTEREST OF THE PEOPLE OF THE STATE OF NEW YORK. NEW

YORK LEADS THE NATION IN OUTMIGRATION AND IT HAS ABSOLUTELY NOTHING TO

DO WITH THE WEATHER. AND IT HAS EVERYTHING TO DO WITH THE FACT THAT

NEW YORK HAS BECOME UNAFFORDABLE THAT PEOPLE CANNOT AFFORD TO OWN

AND OPERATE A BUSINESS. AND NOW WITH THIS LEGISLATION IF YOU DO OWN

AND OPERATE A BUSINESS YOU'RE NOT ELIGIBLE TO SERVE THE PEOPLE OF THE

STATE OF NEW YORK IN THE STATE LEGISLATURE IF YOU MAKE MORE THAN

$35,000. WE TIED THIS NUMBER TO THE 212 WAIVER. WHY? IF THE INTENT

WAS TO CAP OUTSIDE INCOME THEN CAP OUTSIDE INCOME. PUT AN ACTUAL

DOLLAR AMOUNT ON IT. I CAN GUARANTEE WE'LL BE BACK. ALL OF YOU WILL BE

BACK TO INCREASE THAT NUMBER. WE KNOW THAT WILL HAPPEN. WE KNOW

THEY'LL BE CHAPTER AMENDMENTS TO THIS BILL BECAUSE IT WAS SO POORLY

WRITTEN TO TRY TO RAM IT THROUGH RIGHT BEFORE CHRISTMAS. ALL YOU'RE

DOING HERE IS GIVING NEW YORKERS A LUMP OF COAL. AND IT'S A SHAME. I

WILL BE VOTING NO ON THE POTTED PLANT ACT.

ACTING SPEAKER AUBRY: MS. FERNANDEZ.

MS. FERNANDEZ: THANK YOU, MR. SPEAKER. YOU

CAN SEE MY VOTE ON THE BOARD BUT I'M REALLY STANDING TO SAY THANK YOU

TO THIS BODY. THIS IS ALSO MY LAST VOTE, MY LAST DAY SERVING IN THE

NYS ASSEMBLY DECEMBER 22, 2022

BEAUTIFUL, THE AMAZING, THE PEOPLE'S HOUSE, THE ASSEMBLY CHAMBERS.

AND TO ALL MY COLLEAGUES, EVEN ON THE OTHER SIDE OF THE AISLE, THANK

YOU. THANK YOU FOR YOUR SERVICE TO YOUR DISTRICTS, THANK YOU FOR

WORKING WITH ME, THANK YOU FOR ALLOWING ME TO LEARN FROM YOU. AND

THANK GOODNESS I WON'T BE TOO FAR BUT KNOW THAT I'LL ALWAYS HAVE ALL OF

YOU IN MY MEMORY AS I SERVE MY DISTRICT. AND FOR ALL OF YOU I LOOK

FORWARD TO WORKING WITH YOU NEXT YEAR. THANK YOU.

(APPLAUSE)

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES

TO EXPLAIN HER VOTE.

MRS. PEOPLES-STOKES: THANK YOU, MR. SPEAKER

FOR THE OPPORTUNITY TO EXPLAIN MY VOTE. I DID LISTEN INTENTLY TO MUCH OF

THE DEBATE THAT WE HAD HERE TODAY AND HONESTLY I RESPECT ALL OF MY

COLLEAGUES' OPINION AND THEIR THOUGHT PROCESS, BUT I'VE ALSO HEARD FOR AT

LEAST 20 YEARS THAT SO MANY PEOPLE ARE LEAVING NEW YORK. WE'RE IN

THE WORST CONDITION WHEN IT COMES TO TAXES, BUT I DRIVE ON THE 90 EAST

AND 90 WEST ON A REGULAR BASIS AND I CANNOT TELL YOU HOW MUCH

COMMERCE I SEE THAT'S GROWING BETWEEN HERE AND THE CITY OF BUFFALO.

SO SOMEBODY STAND HERE AND SOMEBODY'S GROWING BUSINESS. SO I WANT

TO CONGRATULATE THEM AS WE MOVE INTO A HOLIDAY SEASON FOR ALL OF THOSE

BUSINESS PEOPLE WHO REALIZE THE VALUE OF STAYING AND SUPPORTING THE

GREAT STATE OF NEW YORK. WITH THAT MR. SPEAKER, I'M PLEASED TO HAVE

VOTED YES FOR THIS PIECE OF LEGISLATION.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES

IN THE AFFIRMATIVE.

NYS ASSEMBLY DECEMBER 22, 2022

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, DO YOU

HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?

ACTING SPEAKER AUBRY: WE HAVE NEITHER,

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. WELL, I HOPE THAT EVERYONE HAS A HAPPY HOLIDAY AND A HAPPY

NEW YEAR AND I NOW MOVE THAT THE ASSEMBLY STAND ADJOURNED UNTIL

FRIDAY, DECEMBER THE 3RD -- THE 23RD, TOMORROW BEING A LEGISLATIVE

DAY AND THAT WE RECONVENE AT THE CALL OF THE SPEAKER.

ACTING SPEAKER AUBRY: THE HOUSE STANDS

ADJOURNED.

(WHEREUPON, AT 3:25 P.M., THE HOUSE STOOD

ADJOURNED.)