MONDAY, MARCH 28, 2022 2:27 P.M.
ACTING SPEAKER AUBRY: THE HOUSE WILL COME
TO ORDER.
THE REVEREND DONNA ELIA WILL OFFER A PRAYER.
REVEREND DONNA ELIA: LET US PRAY. HOLY AND
MAJESTIC GOD FOR THIS DAY THAT YOU HAVE GIVEN US, WE GIVE YOU THANKS.
RECEIVE OUR PRAYERS AND OUR FERVENT HOPES. THANK YOU FOR CALLING THIS
ASSEMBLY AND EACH MEMBER TO PUBLIC SERVICE. REMIND EACH ONE OF
THE ASPIRATIONAL GOAL OF EXCELLENCE FOR THE BETTERMENT OF OUR
COMMUNITIES AND OUR STATE. EMPOWER THEM AS THEY WORK TOWARD
VOTING UPON THE BUDGET. IN THIS AND OTHER MATTERS, GIVE THEM CARE AND
CONVICTION IN LISTENING AND IN SPEAKING. BRIDGE THAT WHICH DIVIDES
THEM AND HELP THEM FIND COMMON GROUND. BLESS ALL STAFF PEOPLE, AS
WELL AS FAMILIES AND COMMUNITIES WHO INSPIRE AND UNDERGO THEIR WORK.
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NYS ASSEMBLY MARCH 28, 2022
DO NOT LET ANY OF US GROW WEARY IN WELL-DOING, BUT EMPOWER ALL OF US
TO BE PEOPLE OF PEACE AND JUSTICE. HELP THOSE WHO SUFFER, GRANT SAFETY
TO REFUGEES, HASTEN THE DAY WHEN VIOLENCE WILL BE NO MORE AND YOU
WHO MAKE PEACE IN HIGH PLACES, GRANT US PEACE. IN YOUR HOLY NAME
WE PRAY, AMEN.
MEMBERS: AMEN.
ACTING SPEAKER AUBRY: 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 SUNDAY, MARCH 27TH.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I MOVE TO
DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF SUNDAY, MARCH THE
27TH 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 AND GUESTS THAT ARE IN THE CHAMBERS, HAPPY
MONDAY. WE'RE MOVING RIGHT THROUGH THE MONTH OF MARCH, HEADED
TOWARDS APRIL AND SOON WE'LL BE ABLE TO SAY HAPPY SPRING FOR REAL.
TODAY I'D LIKE TO SHARE A QUOTE FROM THE LATE RUTH BADER GINSBURG,
WHO WE ALL KNOW WAS AN AMERICAN LAWYER, A JURIST WHO SERVED AS THE
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NYS ASSEMBLY MARCH 28, 2022
ASSOCIATE SUPREME COURT -- ON THE SUPREME COURT FROM 1993 UNTIL
2020. AND THE WORDS THAT SHE SHARED WITH US TODAY IS, FIGHT FOR THINGS
THAT YOU CARE ABOUT, BUT DO IT IN A WAY THAT WILL LEAD OTHERS TO JOIN
YOU. THOSE WORDS I THINK ARE PRETTY MUCH WHAT WE TRY AND DO HERE ON
A REGULAR BASIS, MR. SPEAKER, SO MEMBERS SHOULD BE MINDFUL OF THAT, AS
WELL AS BE MINDFUL OF THE FACT THAT THERE'S A MAIN CALENDAR ON THEIR
DESKS WITH 16 NEW BILLS ON IT. MEMBERS ALSO HAVE A DEBATE LIST AND WE
ALSO HAVE A FIVE-BILL A-CALENDAR. MR. SPEAKER, I WILL NOW MOVE TO
ADVANCE THAT A-CALENDAR.
ACTING SPEAKER AUBRY: ON A MOTION BY MRS.
PEOPLES-STOKES, THE A-CALENDAR IS ADVANCED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER AND MY
COLLEAGUES, TODAY WE'RE GOING TO BEGIN THE PROCESS OF PASSING THE STATE
BUDGET, BEGINNING WITH THE DEBT SERVICE BILL - DON'T APPLAUD ALL AT
ONCE, DON'T GET TOO EXCITED.
(LAUGHTER)
ON THE A-CALENDAR IS WHERE THE BILL IS LOCATED AT. I
ASK MEMBERS FOR THEIR PATIENCE AND COOPERATION AS WE HAVE VERY BUSY
AND IMPORTANT WORK AHEAD OF US.
MR. SPEAKER, AFTER YOU HAVE COMPLETED ANY
HOUSEKEEPING, WE WILL TAKE UP RESOLUTIONS ON PAGE 3. OUR PRINCIPAL
WORK FOR TODAY WILL BE TAKING UP THE BILLS ON THE A-CALENDAR FIRST ON
CONSENT AND THEN ON DEBATE. WE WILL ALSO TAKE UP RULES REPORT NO. 66
WHICH IS THE DEBT SERVICE BILL. I WILL ANNOUNCE IF THERE'S GOING TO BE A
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NYS ASSEMBLY MARCH 28, 2022
NEED FOR FURTHER FLOOR ACTIVITY AS WE PROCEED, MR. SPEAKER, BUT THAT'S
THE GENERAL OUTLINE WHERE WE'RE GOING TODAY AND IF THERE'S
HOUSEKEEPING, NOW WOULD BE A GREAT TIME. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, MRS.
PEOPLES-STOKES. AND FIRST WE HAVE AN INTRODUCTION BY MS. REYES.
MS. REYES FOR THE PURPOSES OF AN INTRODUCTION.
MS. REYES: THANK YOU, MR. SPEAKER, FOR ALLOWING
ME THE PRIVILEGES OF WELCOMING SOME OF OUR SPECIAL GUESTS TO THE NEW
YORK STATE ASSEMBLY TODAY. AS YOU KNOW, LAST WEEK WE
COMMEMORATED THE 51ST ANNIVERSARY OF THE INDEPENDENCE OF
BANGLADESH. TODAY WE ARE JOINED BY DR. MOHAMMAD MONIRUL ISLAM,
THE CONSUL GENERAL OF BANGLADESH; NAZMUL HASAN, DEPUTY CONSUL
GENERAL; AS WELL AS THE AMERICAN BANGLADESHI WELFARE ORGANIZATION
AND ITS LEADERSHIP, ABDUL SHAHID, THE PRESIDENT; JAMAL HUSSEIN, THE
SECRETARY; MOHAMMED NASIR UDDIN, THE SENIOR VICE PRESIDENT. THE
AMERICAN BANGLADESHI WELFARE ASSOCIATION IS A CULTURAL AND SOCIAL
WELFARE ORGANIZATION THAT IS DEDICATED TO SERVING BANGLADESHI
AMERICAN IMMIGRANTS THAT ARE IN THE BRONX. THIS GROUP WAS FORMED IN
2017 AND HAS BEEN SERVING BRONXITES, ESPECIALLY DURING THE COVID-19
CRISIS. AND WE ARE ALSO JOINED BY MEMBERS OF THE CENTENNIAL MUJIBUR
CELEBRATION COMMITTEE, A CEREMONIAL ORGANIZATION THAT IS DEDICATED TO
CELEBRATING THE LIFE AND LEGACY OF THE FORMER PRESIDENT AND PRIME
MINISTER OF BANGLADESH, SHEIKH MUJIBUR RAHMAN. HE IS WIDELY
REGARDED AS THE FOUNDING FATHER OF THE COUNTRY FOR HIS WORK LEADING THE
INDEPENDENCE MOVEMENT. MR. SPEAKER, WOULD YOU PLEASE HELP ME IN
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NYS ASSEMBLY MARCH 28, 2022
WELCOMING OUR SPECIAL GUESTS TO THE ASSEMBLY CHAMBER TODAY.
ACTING SPEAKER AUBRY: THANK YOU. ON
BEHALF OF MS. REYES, MR. WEPRIN, THE SPEAKER AND ALL THE MEMBERS,
WE WELCOME YOU HERE, CONSUL GENERAL, TO THE NEW YORK STATE
ASSEMBLY. WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. WE ARE SO
HAPPY THAT YOU HAVE BEEN ABLE TO JOIN US, ALONG WITH ALL OF THESE
EXCELLENT ORGANIZATIONS THAT YOU'VE GATHERED WITH YOU TODAY. WE HOPE
YOUR TRIP HERE IS BENEFICIAL. KNOW THAT YOU ARE ALWAYS WELCOME HERE
AND THAT YOU WILL ALWAYS HAVE FRIENDS HERE IN THE NEW YORK STATE
ASSEMBLY. THANK YOU SO VERY MUCH FOR JOINING US.
(APPLAUSE)
MRS. PEOPLES-STOKES, WE DO HAVE SOME HOUSEKEEPING.
ON A MOTION BY MS. PAULIN, PAGE 44, CALENDAR NO.
485, BILL NO. 9276, THE AMENDMENTS ARE RECEIVED AND ADOPTED.
WE WILL GO TO RESOLUTIONS ON THE MAIN CALENDAR. PAGE
3, THE CLERK WILL READ, 697.
THE CLERK: ASSEMBLY RESOLUTION NO. 697, MR.
SAYEGH.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM MARCH 1, 2022 AS NATIONAL HORSE
PROTECTION DAY IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 698, MR.
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NYS ASSEMBLY MARCH 28, 2022
TAGUE.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM MARCH 25-31, 2022 AS FARMWORKER
AWARENESS WEEK IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION,
MR. TAGUE.
MR. TAGUE: THANK YOU, MR. SPEAKER. THIS IS
PROBABLY THE BEST RESOLUTION AND THE BEST BILL THAT WE'RE GOING TO PASS
TODAY, SIR.
(LAUGHTER)
ACTING SPEAKER AUBRY: DON'T BE A PESSIMIST,
MR. TAGUE.
(LAUGHTER)
MR. TAGUE: MR. SPEAKER AND MY COLLEAGUES, IT'S
AN HONOR TO JOIN YOU ALL TODAY IN RECOGNIZING THE WEEK OF MARCH 25TH
TO MARCH 31ST AS FARMWORKER AWARENESS WEEK. AS WE LOOK TO
HIGHLIGHT THE HARDWORKING PROFESSIONALS WHO WORK TIRELESSLY THROUGH
WEATHER OF ALL KINDS TO ENSURE OUR GROCERY MARKET SHELVES ARE STOCKED
AND THAT WE CAN MANAGE TO PUT NUTRITIOUS, AFFORDABLE FOODS ON OUR
FAMILIES TABLES. THEIR READINESS TO WORK HARD TO EARN AS MUCH MONEY
AS POSSIBLE TO BETTER THEIR LIVES AND THE LIVES OF THEIR FAMILIES, AT TIMES
TRAVELING FROM OTHER STATES AND EVEN OTHER COUNTRIES IN PURSUIT OF
OPPORTUNITY IS A SIGN TO ME THAT THE AMERICAN DREAM IS STILL ALIVE AND
WELL FOR ALL WILLING TO CHASE IT.
TO SPEAK OF RECENT TIMES, I WANT TO EMPHASIZE THE FACT
6
NYS ASSEMBLY MARCH 28, 2022
THAT FOR OUR FARM WORKERS THERE WAS NO SUBSTANTIAL BREAK OR PAUSE IN
THEIR WORK. AS WE STAYED HOME FEARING A NOVEL VIRUS WE KNEW LITTLE
ABOUT, FARM WORKERS REMAINED IN THE FIELDS MAKING SURE FOOD MADE IT
OUT OF THE GROUND AND INTO OUR HOMES, EVEN AS THE WORLD AS WE KNOW IT
WAS TURNED UPSIDE DOWN. YOU CAN'T TEND TO CROPS OVER A ZOOM CALL.
SO WE CAN'T OVERLOOK THE CONTRIBUTION OUR FARM WORKERS MADE TOWARD
THE FIGHT TO END THIS COVID-19 PANDEMIC BY HELPING TO PREVENT
WIDESPREAD FOOD SHORTAGES MANY FEARED WOULD HAVE OCCURRED AT THE
TIME. IN HONORING OUR FARM WORKERS THIS WEEK, LET US SEEK TO CONTINUE
EMPOWERING THEM TO PURSUE THEIR DREAMS WHILE ALSO HONORING AS THEY
DO TO NOURISH OUR STATE AND OUR NATION. WHEN IT IS SAID THAT FOOD IS
FARM TO TABLE, WE MUST NEVER FORGET ABOUT THE HANDS THAT GET THE FOOD
OUT OF OUR FIELDS AND ONTO OUR PLATES.
SO MY COLLEAGUES, LET'S TAKE THIS WEEK TO SHOW OUR
APPRECIATION FOR THE HARDWORKING LABORERS WHO KEEP FOOD IN OUR
BELLIES. THANK YOU TO THE FARM WORKER, AND GOD BLESS. THANK YOU,
MR. SPEAKER.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 699, MS.
WALSH.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM MARCH 26, 2022 AS PURPLE DAY IN THE STATE
OF NEW YORK.
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NYS ASSEMBLY MARCH 28, 2022
ACTING SPEAKER AUBRY: MS. WALSH ON THE
RESOLUTION.
MS. WALSH: THANK YOU VERY MUCH, MR. SPEAKER.
GOOD AFTERNOON TO ALL MY COLLEAGUES, AND ESPECIALLY A BIG THANKS TO
EVERYBODY WHO DECIDED TO WEAR PURPLE TODAY, BECAUSE I'M PLEASED TO
PRESENT THIS IMPORTANT RESOLUTION THAT MEMORIALIZES GOVERNOR KATHY
HOCHUL TO PROCLAIM THIS PAST SATURDAY, MARCH 26, 2022 AS PURPLE DAY
IN THE STATE OF NEW YORK. EPILEPSY AWARENESS DAY, WHICH IS ALSO
KNOWN AS PURPLE DAY, WAS CREATED TO INCREASE THE PUBLIC'S
UNDERSTANDING OF THIS BRAIN DISORDER, AND TO ELIMINATE THE FEAR AND
STIGMA SURROUNDING IT. WITH OVER 3.5 MILLION PEOPLE DIAGNOSED WITH
EPILEPSY IN THE UNITED STATES, AND OVER 50 MILLION WORLDWIDE, IT IS
LIKELY THAT YOU KNOW SOMEBODY LIVING WITH THE DAY-TO-DAY CHALLENGES
THAT EPILEPSY BRINGS.
EPILEPSY IS CAUSED BY ELECTRICAL DISTURBANCES IN THE
BRAIN RESULTING IN SEIZURES OF VARIOUS TYPES. IT IS THE FOURTH MOST
COMMON NEUROLOGICAL DISORDER AFTER MIGRAINES, STROKES, AND
ALZHEIMER'S. IT IS ESTIMATED THAT 1 IN 26 AMERICANS WILL DEVELOP
EPILEPSY AT SOME POINT IN THEIR LIVES. THE GOOD NEWS IS THAT EPILEPSY
MAY SOMETIMES BE EASILY MANAGED IF DIAGNOSED AND TREATED CORRECTLY,
SO RESEARCH, AWARENESS, AND ORGANIZATIONS LIKE THE EPILEPSY
FOUNDATION ARE INCREDIBLY IMPORTANT.
THROUGHOUT MY TIME IN ALBANY, I HAVE WORKED WITH
AND SUPPORTED JEANNINE GARAB AND HER TEAM AT THE EPILEPSY
FOUNDATION OF NORTHEASTERN NEW YORK, WHICH ALSO AT LEAST WITHIN THE
8
NYS ASSEMBLY MARCH 28, 2022
LAST FEW YEARS INCLUDED MY BROTHER, BOB BAIN, AND MY SISTER-IN-LAW,
DEBBIE BAIN, WHO BOTH WORKED AT THE EPILEPSY FOUNDATION, WHICH
REALLY CAME FROM THEIR OWN ADVOCACY FROM MY NEPHEW, CHRISTOPHER,
WHO IS NOW A 40-SOMETHING WHO IS DOING VERY, VERY WELL AND VERY
CONTROLLED WITH HIS EPILEPSY THAT -- THAT KIND OF STARTED WHEN HE WAS IN
GRADE SCHOOL. THIS WEEKEND THEY'LL BE HOSTING THEIR 35TH ANNUAL
CONFECTIONS AND CHOCOLATE GALA THIS SATURDAY, SO WE'LL -- WE'LL SEE;
HOPEFULLY WE CAN FINISH UP THE BUDGET AND I CAN GET TO THAT, I HOPE I
CAN.
SO WHY ARE WE WEARING PURPLE TODAY? CASSIDY
MEGAN FROM NOVA SCOTIA, CANADA, FOUNDED EPILEPSY AWARENESS DAY
WITH THE FIRST EVENT HELD ON MARCH 26TH, 2008. SHE DECIDED TO USE THE
COLOR PURPLE BECAUSE LAVENDER IS RECOGNIZED AS THE INTERNATIONAL
FLOWER OF EPILEPSY. SHE WAS MOTIVATED BY HER OWN DIAGNOSIS AND
STRUGGLES OF LIVING WITH EPILEPSY, AND SHE REALIZED THAT -- THE
IMPORTANCE OF EVERYONE UNDERSTANDING THIS COMMON NEUROLOGICAL
DISORDER. FOLLOWING CASSIDY'S LEAD, THE ANITA KAUFMANN FOUNDATION
PARTNERED WITH THE EPILEPSY ASSOCIATION OF NOVA SCOTIA, WHICH LED TO
THE CREATION OF PURPLE DAY IN 2009. IN THAT SAME YEAR, OVER 100,000
STUDENTS, 95 WORKPLACES AND 116 ELECTED OFFICIALS PARTICIPATED IN
PURPLE DAY.
MUCH LIKE AUTISM, EPILEPSY IS NOT ONE-SIZE-FITS-ALL.
IT'S VERY COMPLICATED AND THERE ARE VERY DIFFICULT CASES OF EPILEPSY THAT
CAUSE A GREAT DEAL OF PAIN AND SUFFERING FOR THE PATIENT AND THE FAMILY.
DESPITE ALL OF THE CURRENT TREATMENTS AND THERAPIES, THERE'S MUCH MORE
9
NYS ASSEMBLY MARCH 28, 2022
IN THE WAY OF RESEARCH AND TREATMENT THAT'S NEEDED. BUT I'M HONORED TO
BE HERE TODAY TO BRING THIS RESOLUTION FORWARD AND TO THANK ALL OF YOU
FOR JOINING ME IN WEARING PURPLE TO RAISE AWARENESS FOR EPILEPSY HERE
IN THE STATE OF NEW YORK. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, MS.
WALSH.
ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.
PAGE 3, RULES REPORT -- CALENDAR A, PAGE 3, RULES
REPORT NO. 63, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A06938-B, RULES
REPORT NO. 63, EPSTEIN, SEAWRIGHT, STECK, BURDICK, DINOWITZ, CLARK,
MAGNARELLI, GONZÁLEZ-ROJAS, GOTTFRIED, KELLES, SIMON, ZINERMAN,
COLTON, RAMOS, FERNANDEZ, JACOBSON. AN ACT TO AMEND THE EDUCATION
LAW, IN RELATION TO PROHIBITING CERTAIN PRACTICES IN THE COLLECTION OF
STUDENT DEBT.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A07976-A, CALENDAR
NO -- RULES REPORT NO. 64, SEAWRIGHT, MCDONALD, GRIFFIN, JACOBSON,
SAYEGH, DAVILA, GOTTFRIED, GUNTHER, O'DONNELL, SIMON, J. M. GIGLIO,
MONTESANO, STIRPE, GLICK. AN ACT TO AMEND THE PUBLIC HEALTH LAW AND
THE SOCIAL SERVICES LAW, IN RELATION TO ASSURING MORE EQUITABLE ACCESS
TO SPECIALIZED CANCER CARE; AND PROVIDING FOR THE REPEAL OF SUCH
PROVISIONS UPON THE EXPIRATION THEREOF.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
10
NYS ASSEMBLY MARCH 28, 2022
THE CLERK: ASSEMBLY NO. A08562, RULES REPORT
NO. 65, FERNANDEZ, J. RIVERA. AN ACT TO AMEND CHAPTER 465 OF THE
LAWS OF 1994, AMENDING CHAPTER 285 OF THE LAWS OF 1891 RELATING TO
CHARGING A FEE FOR ADMISSION TO THE NEW YORK BOTANICAL GARDEN, IN
RELATION TO EXTENDING CERTAIN PROVISIONS AUTHORIZING THE IMPOSITION OF A
REQUIRED FEE; AND TO REPEAL SECTION 2 OF SUCH CHAPTER.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 8562. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD MY
COLLEAGUE MR. MONTESANO IN THE NEGATIVE. THANK YOU, SIR.
ACTING SPEAKER AUBRY: MR. MONTESANO IN THE
NEGATIVE, SO RECORDED. THANK YOU.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A09002, RULES REPORT
NO. 66, BUDGET BILL. AN ACT MAKING APPROPRIATIONS FOR THE LEGAL
REQUIREMENTS OF THE STATE DEBT SERVICE AND LEASE PURCHASE PAYMENTS
AND OTHER SPECIAL CONTRACTUAL OBLIGATIONS.
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NYS ASSEMBLY MARCH 28, 2022
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A09275, RULES REPORT
NO. 67, VANEL. AN ACT IN RELATION TO ESTABLISHING THE NEW YORK STATE
CRYPTOCURRENCY AND BLOCKCHAIN STUDY TASK FORCE; AND PROVIDING FOR
THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION THEREOF.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 9275. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MR. VANEL TO EXPLAIN HIS VOTE.
MR. VANEL: MR. SPEAKER, EVER SINCE I WAS ELECTED
TO THIS BODY, I HAVE BEEN WORKING TO MAKE SURE THAT NEW YORK STATE
HAS A PROPER REGULATORY ENVIRONMENT IN THE AREAS OF INTERNET AND
TECHNOLOGY. BLOCKCHAIN TECHNOLOGY AND CRYPTOCURRENCY IS A NEW FORM
OF ASSET AND TECHNOLOGY THAT'S ONLY 13 YEARS OLD. AS A MATTER OF FACT, IN
A DOCUMENT PUBLISHED ON OCTOBER 31ST, 2008, IT WAS TITLED, BITCOIN: A
PEER-TO-PEER ELECTRONIC CASH SYSTEM. THAT LITTLE KNOWN INCIDENT, THAT
DOCUMENT, CHANGED THE WORLD. WHY IS CRYPTOCURRENCY WORTH
ANYTHING? WHY IS BLOCKCHAIN TECHNOLOGY SO IMPORTANT? IN THAT
DOCUMENT THAT YOU CAN GOOGLE TODAY, IT DESCRIBES HOW BLOCKCHAIN
TECHNOLOGY WORKS. IT DESCRIBES HOW IT CREATES DIGITAL (INAUDIBLE). IT
DESCRIBES HOW ANYONE CAN PARTICIPATE IN THE PROCESS. IT DESCRIBES A
12
NYS ASSEMBLY MARCH 28, 2022
TRANSPARENT, OPEN PROCESS AND IT'S A FAIR AND OPEN SYSTEM THAT ANYONE,
THEY CAN ENTER TO THE NETWORK AS LONG AS YOU HAVE SKIN IN THE GAME.
AS LONG AS YOU PROVE YOU WORKED, WHICH IS CALLED PROOF OF WORK.
IN 2019 WE PASSED A SIMILAR BILL IN LAW; UNFORTUNATELY,
DUE TO THE PANDEMIC, IT WAS THWARTED. THE TASK FORCE WILL INCLUDE
APPOINTEE FROM THE MINORITY AND MAJORITY FROM BOTH HOUSES, AND FROM
THE EXECUTIVE. IT WILL INCLUDE INDUST -- IT WOULD INCLUDE THE INDUSTRY,
LABOR, RELEVANT ORGANIZATIONS, ENVIRONMENTALISTS, COMMUNITY,
ACADEMIA, AND REGULATORS. THE TASK FORCE WILL HELP US REPORT ON MAJOR
ISSUES INCLUDING FINANCIAL INCLUSION FOR THE UNDERREPRESENTED
COMMUNITIES, BUSINESS OPPORTUNITIES FOR WOMEN AND MINORITIES, JOBS
AND SKILL TRAINING ACROSS NEW YORK STATE, INCLUDING UPSTATE. IT WILL
INCLUDE THE USE OF TECHNOLOGY TO PROTECT OUR DATA AND OUR CRITICAL
INFRASTRUCTURE, TAXES FOR THE STATE AND LOCAL GOVERNMENTS, AND WAYS TO
REDUCE ENVIRONMENTAL IMPACT OF THIS EARLY AND CRUDE TECHNOLOGY.
IN AN AREA THAT'S EVER CHANGING AND DYNAMIC WITH SO
MUCH POTENTIAL, WE MUST CAREFULLY REGULATE SO THAT NEW YORK CAN BE A
PLACE THAT SERVES AN EXAMPLE FOR THE WORLD FOR PROPER REGULATIONS IN
THIS AREA. AND WITH THAT, I VOTE IN THE AFFIRMATIVE. THANK YOU, MR.
SPEAKER.
ACTING SPEAKER AUBRY: MR. VANEL IN THE
AFFIRMATIVE.
MR. SMULLEN TO EXPLAIN HIS VOTE.
MR. SMULLEN: THANK YOU, MR. SPEAKER, TO
EXPLAIN MY VOTE. I THINK THIS IS A VERY IMPORTANT ISSUE FOR NEW YORK
13
NYS ASSEMBLY MARCH 28, 2022
AS ONE OF THE LEADERS IN THE FINANCIAL SERVICES TECHNOLOGY AND IN THE
FINANCIAL SERVICES SECTOR FOR NOT ONLY THE UNITED STATES, BUT THE WORLD,
BUT TO COALESCE AND BRING TOGETHER ALL OF THE INTELLECTUAL FIREPOWER THAT
WE HAVE TO MAKE SURE THAT WE GET THIS ISSUE RIGHT. AS NEW YORK
REGULATES, SO GOES THE UNITED STATES AND SO GOES THE WORLD, AND I THINK
THAT WE SHOULD DO THIS IN A HOLISTIC WAY, UNDERSTANDING THE TECHNOLOGY,
UNDERSTANDING THE INNOVATION AND UNDERSTANDING THE POSSIBILITIES THIS
HAVE TO MAKE OUR SYSTEM OF FINANCE BETTER NOT ONLY IN NEW YORK, BUT
THE UNITED STATES AND THE WORLD. SO I'LL BE VOTING IN FAVOR OF THIS
LEGISLATION. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. SMULLEN IN THE
AFFIRMATIVE.
MR. LAWLER TO EXPLAIN HIS VOTE.
MR. LAWLER: THANK YOU, MR. SPEAKER. I THINK
THIS BILL IS CRITICALLY IMPORTANT TO ENSURE THAT THIS BODY AND THIS STATE
GOVERNMENT HAVE ALL OF THE INFORMATION AT ITS DISPOSAL TO MAKE THE
RIGHT POLICY DECISIONS WITH RESPECT TO THIS INDUSTRY. TOO OFTEN IN STATE
GOVERNMENT AND NATIONALLY WE MAKE POLICY DECISIONS WITHOUT ALL OF
THE INFORMATION. AND THERE ARE OTHER BILLS PENDING BEFORE THIS BODY
THAT WOULD SEEK TO LIMIT OR BLOCK OR REDUCE THIS INDUSTRY, AND I THINK
BEFORE THAT LEGISLATION OR ANY OF THOSE PIECES OF LEGISLATION CAN BE
CONSIDERED, I THINK THIS BILL IS NECESSARY AND I THINK THE INFORMATION
GATHERED FROM IT WILL BE CRITICALLY IMPORTANT TO INFORMING THIS BODY OF
THE PATH FORWARD. WE HAVE, FOR TOO MANY YEARS, LOST INDUSTRY, LOST
BUSINESSES TO OTHER STATE IN LARGE PART BECAUSE OF THE BURDENSOME
14
NYS ASSEMBLY MARCH 28, 2022
REGULATIONS IN THIS STATE. AND SO BEFORE WE MOVE FORWARD AND SEEK TO
LIMIT ANOTHER INDUSTRY, WE NEED THE INFORMATION.
AND SO I WANT TO THANK THE SPONSOR FOR PUTTING THIS
BILL FORWARD AND I HOPE THAT WE'RE ABLE TO LET THIS TASK FORCE COMPLETE
ITS WORK BEFORE CONSIDERING ANY OTHER LEGISLATION PERTAINING TO THIS.
THANK YOU.
ACTING SPEAKER AUBRY: MR. LAWLER IN THE
AFFIRMATIVE.
MR. FITZPATRICK TO EXPLAIN HIS VOTE.
MR. FITZPATRICK: YEAH, THANK YOU, MR. SPEAKER,
JUST TO EXPLAIN MY VOTE. I HAVE NO QUARREL OR COMPLAINT AT ALL WHAT THE
SPONSOR WANTS TO ACHIEVE HERE, I HAPPEN TO AGREE, I KNOW HOW VERY
HARD HE WORKED ON THIS AND HOW IMPORTANT IT IS TO ALL OF US IN THE STATE
OF NEW YORK. AND BECAUSE THE POTENTIAL IMPORTANCE TO ALL RESIDENTS OF
THE STATE OF NEW YORK, A BILL LIKE THIS SHOULD HAVE REPRESENTATION BY
THE MINORITY IN EACH HOUSE. THIS BILL DOES NOT HAVE THAT AND FOR THAT
REASON, I CANNOT SUPPORT IT.
ACTING SPEAKER AUBRY: MR. FITZPATRICK IN THE
NEGATIVE.
MRS. PEOPLES-STOKES TO EXPLAIN HER VOTE.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER, FOR THE OPPORTUNITY TO EXPLAIN MY VOTE. I WANT TO RISE TO BOTH
COMMEND THE SPONSOR AND, YOU KNOW, COMMEND MY COLLEAGUES WHO
UNDERSTAND THE VALUE OF DOING THIS KIND OF LEGISLATION. TECHNOLOGY HAS
BEEN MOVING IN OUR SOCIETY FOR A NUMBER OF YEARS AND SOMETIMES
15
NYS ASSEMBLY MARCH 28, 2022
WE'VE MOVED WITH IT, AND SOMETIMES WE HAVEN'T; IN FACT, WE DIDN'T
MOVE WITH IT WITH FACEBOOK AND WE DIDN'T MOVE WITH IT WITH
INSTAGRAM AND WE CAN SEE THE IMPACTS THAT IT'S HAVING ON OUR YOUNG
PEOPLE NOW ALL THROUGHOUT SOCIETY. IT MAKES SENSE TO GET AHEAD OF THIS
AS OPPOSED TO WAITING FOR IT TO HAPPEN TO US AND THEN TRYING TO FIGURE
OUT HOW TO DEAL WITH IT. SO I AM EXCITED ABOUT THIS. THE ONLY THING I
WOULD ENCOURAGE THE SPONSOR AND THE MEMBERS OF THE PEOPLE WHO END
UP ON THIS TASK FORCE, IS TO WORK WITH SOME EXPEDIENCY. WE REALLY
DON'T HAVE TIME TO DELAY THIS FOR A COUPLE YEARS. THIS TECHNOLOGY IS
MOVING QUICKLY AND AS THE SPONSOR SO NOTED, NEW YORK IS THE
FINANCIAL CAPITAL OF THE WORLD, WE NEED TO BE IN FRONT OF THIS AND NOT
BEHIND IT. SO AGAIN, MR. SPEAKER, IT'S MY PLEASURE TO VOTE FOR THIS.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES
IN THE AFFIRMATIVE.
MR. BYRNE TO EXPLAIN HIS VOTE.
MR. BYRNE: THANK YOU, MR. SPEAKER, TO EXPLAIN
MY VOTE. I WANT TO ECHO THE COMMENTS THAT WAS MADE PREVIOUSLY BY
MY COLLEAGUE FROM LONG ISLAND. I DO BELIEVE THE MINORITY CONFERENCE
DESERVES REPRESENTATION IN THIS TASK FORCE. I COMMEND THE SPONSOR FOR
THE GOALS THAT HE'S TRYING TO REACH, CERTAINLY THIS IS MUCH MORE
PREFERABLE THAN ANY SORT OF PROPOSAL THAT WILL BAN WHAT WE'RE LOOKING
TO STUDY WITH THIS TASK FORCE. BUT THE MINORITY CONFERENCE DESERVES TO
HAVE AN APPOINTMENT. WHEN I FIRST GOT ELECTED TO THIS CHAMBER IN
2017, YOU KNOW, THE MAJORITY IN THE CHAMBER DOWN THE HALL, THE
SENATE, WAS GOVERNED BY REPUBLICANS AND I KNOW A LOT OF THOSE TASK
16
NYS ASSEMBLY MARCH 28, 2022
FORCES THAT WE PASSED ON BACK THEN DID HAVE MINORITY APPOINTMENTS.
ALL OF A SUDDEN, IT SEEMS TO BE DRASTICALLY REDUCED. I BELIEVE THAT THEY
DESERVE TO HAVE REPRESENTATION, THAT WE HAVE A DIVERSITY OF THOUGHT AND
IDEAS WHEN WE LOOK AT IMPORTANT MATTERS SUCH AS THESE, AND THAT'S WHY
I'LL BE VOTING NO.
ACTING SPEAKER AUBRY: MR. BYRNE IN THE
NEGATIVE.
MR. TAGUE.
MR. TAGUE: THANK YOU, MR. SPEAKER, TO EXPLAIN
MY VOTE. FOR THE SAME REASONS AS MY COLLEAGUES BEFORE ME, I WILL ALSO
BE VOTING IN THE NEGATIVE. I THINK IT'S A GREAT IDEA AND I COMMEND THE
SPONSOR, BUT THE FACT THAT THE MINORITY DOES NOT HAVE REPRESENTATION
WHEN WE REPRESENT A LARGE MAJORITY OF RURAL UPSTATE NEW YORK AND
AREAS WHERE SOME OF THIS MINING IS GOING ON. SO FOR THOSE REASONS,
AGAIN, I SUPPORT THE CONCEPT BUT THE FACT THAT WE DON'T HAVE ANY
REPRESENTATION WITH THE STUDY, I WILL BE IN THE NEGATIVE. THANK YOU,
MR. -- MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. TAGUE IN THE
NEGATIVE.
MR. LEMONDES.
MR. LEMONDES: THANK YOU, MR. SPEAKER. VERY
SIMPLY IN SOLIDARITY WITH MY COLLEAGUES, A REPRESENTATIVE GOVERNMENT
INCLUDES ALL FACTIONS AND PARTIES OF THAT GOVERNMENT, AND I WOULD THINK
THAT IF IT WERE THE OTHER WAY AROUND, THE MAJORITY WOULD DEMAND
PARTICIPATION. SO BECAUSE THE MINORITY IS EXCLUDED, I CANNOT SUPPORT
17
NYS ASSEMBLY MARCH 28, 2022
THIS. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. LEMONDES IN THE
NEGATIVE.
MR. GOODELL TO EXPLAIN HIS VOTE? NO, TO GIVE US
EXCEPTIONS. THANK YOU, SIR.
MR. GOODELL: THANK YOU -- THANK YOU, MR.
SPEAKER. PLEASE RECORD MY COLLEAGUE MR. DIPIETRO IN THE NEGATIVE.
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU, SIR.
MR. GOODELL: THANK YOU.
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 3, RULES REPORT NO. 66, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A09002, RULES REPORT
NO. 66, BUDGET BILL. AN ACT MAKING APPROPRIATIONS FOR THE LEGAL
REQUIREMENTS OF THE STATE DEBT SERVICE AND LEASE PURCHASE PAYMENTS
AND OTHER SPECIAL CONTRACTUAL OBLIGATIONS.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED? NO? IT IS REQUESTED, OKAY. DON'T WANT TO DO YOUR WORK FOR
YOU.
(LAUGHTER)
MS. WEINSTEIN, AN EXPLANATION IS REQUESTED.
MS. WEINSTEIN: THANK YOU, MR. SPEAKER. THE
18
NYS ASSEMBLY MARCH 28, 2022
BILL THAT IS BEFORE US TODAY PROVIDES FOR DEBT SERVICE PAYMENTS OF $5.6
BILLION. THE DEBT SERVICE PAYMENTS IN THIS BILL ARE ESTIMATED TO
DECREASE FROM $2.69 BILLION FROM THE PRIOR YEAR AND WILL REMAIN IN
COMPLIANCE WITH THE LIMITATIONS SET FORTH BY THE DEBT REFORM ACT OF
2000. THIS BILL IS NECESSARY FOR THE STATE TO MAKE LEGALLY REQUIRED
DEBT SERVICE PAYMENTS ON OUTSTANDING BONDS AND NEW YORK STATE
SUPPORTED BOND ISSUANCES, AND AS I THINK MY COLLEAGUES KNOW, DEBT
SERVICE PAYS THE STATE'S GENERAL OBLIGATION BONDS, LEASE PURCHASE
AGREEMENTS, SPECIAL CONTRACTUAL PAYMENTS AND REVENUE BOND FINANCING
AGREEMENTS, AND DEBT SERVICE WILL REMAIN UNDER THE DEBT CAP FOR THE
STATE SUPPORTED BOND PAYMENTS OF PRINCIPAL, INTEREST AND OTHER RELATED
EXPENSES.
THE DEBT SERVICE PAYMENTS SUPPORTS $69.27 BILLION IN
OUTSTANDING DEBT, AND STATE DEBT SUPPORTS TRANSPORTATION AND PUBLIC
PROTECTION INFRASTRUCTURE, SUNY, CUNY, AND OTHER EDUCATIONAL
FACILITIES, ECONOMIC DEVELOPMENT PROJECTS, AS WELL AS HOUSING AND
PARKS INITIATIVES. AND WITH THAT, I'D BE HAPPY TO ANSWER SPECIFIC
QUESTIONS.
ACTING SPEAKER AUBRY: THANK YOU, MS.
WEINSTEIN.
MR. RA.
MR. RA: THANK YOU, MR. SPEAKER. WILL THE CHAIR OF
WAYS AND MEANS YIELD FOR SOME QUESTIONS?
MS. WEINSTEIN: YES.
ACTING SPEAKER AUBRY: MS. WEINSTEIN
19
NYS ASSEMBLY MARCH 28, 2022
YIELDS, BUT BEFORE WE DO THAT, MEMBERS, WE ARE ON DEBATE AND THE
NOISE SHOULD BE KEPT TO A MINIMUM IF AT ALL. AND THAT MEANS THOSE OF
YOU WHO ARE BEHIND THE EAVE, BECAUSE WE CAN HEAR YOU FROM BACK
THERE, TOO. SHH. THANK YOU.
PROCEED.
MR. RA: THANK YOU, MR. SPEAKER. SO AS YOU
MENTIONED, CHAIR, YOU KNOW, THIS IS THE FIRST -- TRADITIONALLY IS THE FIRST
BUDGET BILL THAT WE TAKE UP, BUT IT'S CERTAINLY AN IMPORTANT ONE IN
TERMS OF THE STATE PAYING OUR DEBT AND -- AND I WOULD SAY, YOU KNOW,
PROVIDES SOME SIGNS THAT THE PROCESS IS MOVING FORWARD. AND WE'RE
ACTUALLY DOING IT A LITTLE EARLIER THIS YEAR THAN WE DID LAST YEAR WHICH I
WOULD SAY IS A POSITIVE THING.
SO I -- I WOULD START WITH A QUESTION ABOUT THE OVERALL
FINANCIAL PLAN, BUT IT WOULD BE LARGELY A RHETORICAL QUESTION AT THIS
POINT BECAUSE I KNOW WE'RE NOT THERE YET, SO I'M JUST GOING TO ASK
QUESTIONS ABOUT THIS BILL IN PARTICULAR. BUT I JUST WANT TO START WITH --
BECAUSE YOU MENTIONED THE $5.6 BILLION IN THE CASH DEBT SERVICE
PAYMENTS, SO I'M ASSUMING THAT'S BASED ON THE 30 DAY FINANCIAL PLAN
CURRENTLY?
MS. WEINSTEIN: YES, YES.
MR. RA: OKAY. SO THAT WILL BE ONE TO PERHAPS
REVISIT AS WE GET A FINAL FINANCIAL PLAN HERE. WHAT -- SO JUST THE TOP
LINE OF THIS BILL, WHAT IS THE OVERALL APPROPRIATION AUTHORITY WITHIN THE
BILL?
MS. WEINSTEIN: SO THE DEBT SERVICE
20
NYS ASSEMBLY MARCH 28, 2022
APPROPRIATION IS $15.706 BILLION.
MR. RA: OKAY, THANK YOU. AND, YOU KNOW, I WOULD
NOTE THIS IS A LARGER APPROPRIATION AUTHORITY THAN WE ARE USED TO SEEING
IN THE DEBT SERVICE BILL, AND THE GOVERNOR HAS PROPOSED AGAIN THIS
YEAR A THIRD ROUND OF SHORT-TERM LIQUIDITY FINANCING TOTALING $5 BILLION
AND WITH TAX RECEIPTS CONTINUALLY COMING IN HIGHER THAN ANTICIPATED
AND THE STATE RECEIVING BILLIONS OF DOLLARS IN FEDERAL AID TO ADDRESS THE
PANDEMIC AND PRODUCE STATE SURPLUS, IS IT STILL NECESSARY TO GIVE THE
GOVERNOR THE POWER TO DECIDE TO ISSUE THIS SHORT-TERM DEBT?
MS. WEINSTEIN: FIRST I WOULD JUST SAY THAT THIS IS
ACTUALLY LESS THAN LAST YEAR. LAST YEAR IT WAS $16.411 BILLION, SO IT'S
ACTUALLY $704 MILLION LESS THAN LAST YEAR. AND JUST ABOUT THE TIMING
ISSUE, LAST YEAR WE WERE HAVING THIS DISCUSSION AT I THINK 11:09 ON
MARCH 31ST.
MR. RA: YES, WE WERE.
MS. WEINSTEIN: SO WE'RE DEFINITELY MUCH -- MUCH
EARLIER THIS YEAR AND HOPEFULLY THAT'S A GOOD SIGN MOVING FORWARD.
MR. RA: SO JUST REGARDING --
MS. WEINSTEIN: AND JUST THE SHORT TERM NOTES,
YOU MENTIONED THAT --
MR. RA: YES, CORRECT.
MS. WEINSTEIN: -- THAT'S STILL UNDER NEGOTIATION AS
WE MOVE TOWARDS CLOSING THE -- COMING TO A FINAL BUDGET.
MR. RA: OKAY. SO YOU KNOW, I KNOW, RIGHT, NONE OF
-- AS WE CONCLUDE THIS FISCAL YEAR, THAT AUTHORITY WAS NOT UTILIZED
21
NYS ASSEMBLY MARCH 28, 2022
DURING THIS FISCAL YEAR, CORRECT?
MS. WEINSTEIN: YES, THAT'S CORRECT.
MR. RA: OKAY. AND YOU SAID IT'S STILL UP FOR
NEGOTIATION AND DISCUSSION WHETHER THERE WILL BE SHORT-TERM DEBT
AUTHORIZATION.
MS. WEINSTEIN: RIGHT, THE AUTHORIZATION IS -- IS
STILL BEING NEGOTIATED, YES.
MR. RA: SO OVERALL, HOW MUCH ROOM UNDER THE DEBT
SERVICE CAP ARE WE FOR THIS FISCAL YEAR?
MS. WEINSTEIN: SO THE -- FOR THIS FISCAL YEAR, THE
REMAINING CAPACITY UNDER THE DEBT CAP IS PROJECTED TO BE 11.46- SO
THESE ARE REVISED UPWARD BECAUSE OF THE DEBT -- IN THE -- REVISED 30 DAY
AMENDMENTS BECAUSE ORIGINALLY AS IT WAS SUBMITTED IT WAS $11.2
BILLION. SO THAT'S FOR THIS YEAR. FOR 2024, IT'S PROJECTED TO BE $7.36
BILLION, THAT'S UP FROM THE $7- THAT WAS ORIGINALLY SUBMITTED TO US. IN
2025, THE REMAINING CAPACITY, ALSO UP, IS PROJECTED TO BE $4.35 BILLION.
IN THE OUTYEARS, IT ACTUALLY INCREASES A BIT MORE. IT GOES -- IN 2026 IT
GOES TO $2.9 BILLION AND IN 2027, $673 MILLION.
MR. RA: OKAY. SO 2026-'27, THAT'S $673 MILLION
WILL BE THE LOWEST CAPACITY THAT WE HIT IN THE DEBT -- OUTSTANDING CAP IN
THE OUTYEARS, CORRECT?
MS. WEINSTEIN: YES, AT THIS POINT.
MR. RA: OKAY. WHAT ABOUT THE -- HOW MUCH ROOM
UNDER THE DEBT SERVICE CAP FOR -- FOR FISCAL YEAR '23?
MS. WEINSTEIN: SO THE PERCENT IN THE DEBT
22
NYS ASSEMBLY MARCH 28, 2022
SERVICE CAP FOR THIS FISCAL YEAR IT -- IT IS $6.33 BILLION.
MR. RA: GREAT, THANK YOU. YOU KNOW, AS YOU KNOW
AND MY COLLEAGUES KNOW, NEW YORK STATE RELIES PRIMARILY ON PERSONAL
INCOME TAX RECEIPTS AND SALES TAX RECEIPTS TO BACK OUR BONDS. AND ONE
OF THE CONCERNS THAT IS OFTEN RAISED ON OUR SIDE OF THE AISLE IS
POPULATION DECLINE, AND WE'RE COMING THROUGH A TIME WITH THE
PANDEMIC, WE'VE SEEN HOW EASILY THE STATE'S TAX RECEIPTS CAN BE
DISRUPTED. WE SAW THEM DISRUPTED IN A MAJOR, MAJOR WAY AROUND THIS
TIME TWO YEARS AGO. THANKFULLY THEY HAVE REBOUNDED, AS WE ALL KNOW.
BUT WHY IS THIS CONCERNING WHEN YOU GET INTO DEBT? BECAUSE THESE ARE
THINGS THAT BACK OUR DEBT ISSUANCES. SO ARE WE TOO RELIANT ON, YOU
KNOW, OUR TAX RECEIPTS BEING BACKED BY PERSONAL INCOME TAX AND SALES
TAX RECEIPTS IN LIGHT OF THAT FACT?
MS. WEINSTEIN: I WOULD SAY NO, ESPECIALLY SINCE
WE ARE HAVING THAT REBOUND IN OUR PERSONAL INCOME TAX AND AS I JUST
WENT THROUGH THOSE NUMBERS, AS EVIDENCED BY THE FACT THAT IN THE 30
DAY AMENDMENTS THE -- OUR PIT RECEIPTS INCREASED WHICH RESULTED IN
INCREASED CAPACITY, INCREASED DEBT CAPACITY. SO I THINK WE ARE ON SOLID
-- SOLID GROUND. YOU'RE MOVING FORWARD.
MR. RA: OKAY. THANK YOU. SO I DID WANT TO GET
INTO SOME OF WHAT THE, YOU KNOW, NATIONAL ECONOMIC SITUATION, WHAT
IMPACT IT MAY HAVE ON US GOING TO THE FUTURE. AS MY COLLEAGUES MAY
KNOW, THE FEDERAL REVERSE JUST MADE THEIR FIRST QUARTER PERCENT RATE
INCREASE SINCE HOLDING INTEREST RATES AT 0 PERCENT SINCE THE BEGINNING OF
THE PANDEMIC. THEY'RE ANTICIPATING SEVEN ADDITIONAL INCREASES THROUGH
23
NYS ASSEMBLY MARCH 28, 2022
2022, AND WONDERING AS WE'RE GOING THROUGH THIS PROCESS, HAVE WE
LOOKED AT WHAT IMPACT THAT MAY HAVE ON THE COST OF ISSUING FUTURE DEBT
IN THIS BUDGET?
MS. WEINSTEIN: I MEAN, I THINK, YOU KNOW, WHAT
YOU'RE SAYING IS CERTAINLY CORRECT IN THAT AN INCREASE IN INTEREST RATES
WILL HAVE -- CAUSE US TO HAVE AN INCREASE IN THE COST OF DEBT.
MR. RA: AND DO WE ANTICIPATE THAT THERE WOULD ALSO
BE A, YOU KNOW, INCREASE IN OUR DEBT SERVICE, YOU KNOW, WHEN WE'RE
PERHAPS HERE HAVING THIS DISCUSSION A YEAR FROM NOW AS A RESULT OF
THAT?
MS. WEINSTEIN: WE DO BELIEVE THAT THERE WILL BE
ENOUGH FUNDING IN THE DEBT SERVICE APPROPRIATION TO COVER ANY
INCREASE IN INTEREST RATES.
MR. RA: OKAY. THANK YOU. IN THIS BUDGET PROPOSAL,
ONE OF THE ISSUES THAT WE'VE TALKED ABOUT IS THE ENVIRONMENTAL BOND
ACT THAT WOULD GO TO VOTERS THIS NOVEMBER. IT WAS PUT OFF BY THE
PANDEMIC. THERE WAS A PROPOSAL IN THE EXECUTIVE TO INCREASE THE
AMOUNT OF BONDS TO -- FROM $3 BILLION TO $4 BILLION. THE MAJORITIES IN
BOTH HOUSES IN THE ONE-HOUSE BUDGETS PROPOSED FURTHER INCREASES.
HAS NEGOTIATIONS CONCLUDED WITH REGARD TO THAT? DO WE KNOW WHAT
THAT NUMBER IS GOING TO LOOK LIKE FOR THE FINAL BUDGET?
MS. WEINSTEIN: THESE NUMBERS REFLECT THE
GOVERNOR'S PROPOSAL OF $4 BILLION, SO THE DISCUSSION OF THE
ENVIRONMENTAL BOND ACT, THOSE NEGOTIATIONS AND DISCUSSIONS ARE STILL
HAPPENING SO I CAN'T GIVE YOU WHAT THE FINAL NUMBER WILL ULTIMATELY
24
NYS ASSEMBLY MARCH 28, 2022
WILL BE, BUT THIS REFLECTS AND COVERS THE $4 BILLION PROPOSED BY THE
GOVERNOR.
MR. RA: OKAY. IF WE WERE TO BASE IT ON THAT $4
BILLION AND ASSUMING IT'S APPROVED BY THE VOTERS, DO WE HAVE ANY SENSE
OF WHAT THAT WILL ADD IN TERMS OF FUTURE DEBT SERVICE PAYMENTS?
MS. WEINSTEIN: YOU KNOW, SO IT WILL GO TO THE
VOTERS THIS NOVEMBER AND WE DON'T ANTICIPATE IN THIS BUDGET OR EVEN
POSSIBLY THE NEXT BUDGET HAVING -- ISSUING THAT DEBT, AND CERTAINLY NOT
IN THE BUDGET THAT WE'RE DISCUSSING NOW.
MR. RA: OKAY. AND BACK IN OCTOBER OF 2020,
MOODY'S HAD DOWNGRADED OUR GENERAL OBLIGATION BOND RATING FROM
AA2 TO AA1. HAS THIS CREDIT RATING CHANGED SINCE THAT DOWNGRADE?
MS. WEINSTEIN: THE CURRENT RATES, AND I WOULD
SAY THAT THE STATE MAINTAINS EXCELLENT CREDIT RATINGS WHERE -- THE
STANDARD & POOR'S WE'RE AA, MOODY'S IS AA2 FOR THE PITS AND ALSO FOR
OUR GENERAL OBLIGATION DEBT BONDS. SO YOU KNOW, I WOULD SAY THAT
THESE FAVORABLE RATINGS ARE ACHIEVED BY OUR ON-TIME PASSAGE AND
CONSISTENT DEBT SERVICE PAYMENTS, AS WELL AS THE REVENUES THAT WE SEE
ARE PLEDGED TO SUPPORT THESE PAYMENTS.
MR. RA: OKAY. AND AGAIN, AND I'M GOING TO ASSUME
THAT WE DON'T HAVE AN UPDATED NUMBER HERE OUTSIDE OF, YOU KNOW, THE
EXECUTIVE, BUT HAVE BUDGET NEGOTIATIONS COME TO AN AGREEMENT ON HOW
MUCH THE TOTAL OUTSTANDING DEBT IS PROJECTED TO BE FOR FISCAL YEAR '23?
I BELIEVE THE GOVERNOR HAD PROJECTED $69.3 BILLION?
MS. WEINSTEIN: WE HAVEN'T CHANGED -- WE DON'T
25
NYS ASSEMBLY MARCH 28, 2022
HAVE AN AGREEMENT BEYOND THE -- WHAT THE GOVERNOR'S PRESENTED IN THE
30 DAY AMENDMENTS WHICH ARE REFLECTED BY THE NUMBERS I RELAYED TO
YOU.
MR. RA: OKAY. ONE OF THE OTHER ISSUES THAT I DID
WANT TO GET INTO, YOU KNOW, IN THESE LAST FEW BUDGETS WE DID HAVE
PROPOSALS OR, REALLY, ENACTED PROVISIONS THAT WERE PUSHED BY THE PRIOR
GOVERNOR THAT EXEMPTED DEBT FROM OUR DEBT CAP. AND I'M WONDERING
IF YOU HAVE A NUMBER YOU CAN GIVE US AS TO HOW MUCH DEBT WE HAVE
OUT THERE THAT HAS BEEN EXEMPTED FROM OUR DEBT CAP.
MS. WEINSTEIN: SO THE DEBT OUTSTANDING THAT'S NOT
SUBJECT TO THE CAP IS $20.2 BILLION, WHICH INCLUDES PANDEMIC
BORROWING.
MR. RA: OKAY. AND SO THAT -- THAT'S TOTAL. DO YOU --
DO WE HAVE A NUMBER FROM THESE PAST TWO BUDGETS?
MS. WEINSTEIN: IF YOU COULD HOLD ON ONE
MOMENT.
MR. RA: SURE.
(PAUSE)
MS. WEINSTEIN: SO FOR 2021 IT WAS $8.92- AND FOR
2022, $17.966-. SO SOME OF THAT WAS -- WAS REPAID SO THAT'S WHY --
YEAH.
MR. RA: SO DO YOU HAVE A FIGURE FOR WHAT'S
OUTSTANDING THAT HAS NOT BEEN REPAID OF THAT?
MS. WEINSTEIN: THAT WAS THE NUMBER I GAVE YOU,
IT WAS $20.205-.
26
NYS ASSEMBLY MARCH 28, 2022
MR. RA: OKAY. THANK YOU. WELL, WE'LL TREAT THAT AS
A GOING AWAY PRESENT FROM OUR FORMER GOVERNOR, I GUESS.
ACTING SPEAKER AUBRY: MR. RA, I'M INFORMED
THAT YOU WILL TAKE YOUR SECOND 15. PLEASE PROCEED.
MR. RA: THANK YOU, MR. SPEAKER.
SO JUST A FEW OTHER ISSUES I WANTED TO BRING UP. THAT'S
ONE PIECE THAT OBVIOUSLY, AS I SAID, IS OUTSIDE OF OUR DEBT CAP, BUT ONE
OF THE ISSUES THAT, YOU KNOW, WE TALKED ABOUT A LOT IN THE PAST WITH
REGARD TO DEBT IS, YOU KNOW, WE HAVE PROVISIONS FOR HOW DEBT IS
SUPPOSED TO BE ISSUED AND THAT WE HAVE WHAT REALLY THE PRACTICE HAS
BEEN FOR THE STATE. YOU KNOW, I'M TALKING ABOUT THAT BORROWING THAT
GOES ON THAT'S NOT VOTER APPROVED AS REQUIRED. SO DO YOU KNOW HOW
MUCH DEBT WE HAVE OUTSTANDING THAT IS NOT VOTER APPROVED DEBT?
MS. WEINSTEIN: SO THE -- I WAS ANTICIPATING MR.
GOODELL ASKING THIS QUESTION. THE AMOUNT OF VOTER APPROVED DEBT IS
$2.575 BILLION.
MR. RA: THAT'S -- THAT'S THE APPROVED AMOUNT.
MS. WEINSTEIN: RIGHT, THAT -- THAT'S THE APPROVED
THAT'S OUTSTANDING.
MR. RA: SO IT -- I WOULD SAY THAT OBVIOUSLY MAKES
UP A VERY, VERY SMALL PERCENTAGE OF OUR -- OF OUR TOTAL DEBT.
MS. WEINSTEIN: CORRECT.
MR. RA: LIKEWISE, DO YOU KNOW A NUMBER ON -- I
KNOW THIS IS REPORTED BY, YOU KNOW, ENTITIES WITHIN THE STATE, HOW
MUCH DEBT HAS BEEN ISSUED BY THE AUTHORITIES THAT IS OUT THERE, OVERALL
27
NYS ASSEMBLY MARCH 28, 2022
AND THEN STATE AUTHORITIES?
MS. WEINSTEIN: SO I GUESS THE LAST CURRENT
NUMBER I HAVE, BECAUSE WE HAVE SOME DELAYED INFORMATION, IS
$165.24 BILLION IN OUTSTANDING DEBT BY AUTHORITIES AS OF 2018.
MR. RA: 2018, OKAY. AND I KNOW THAT EVEN SOME OF
THE REPORTS I'VE LOOKED AT, SOME ENTITIES, YOU KNOW, WERE SLOW TO GET
ANY INFORMATION IN DURING THE PANDEMIC. I KNOW -- I THINK I SAW A
MORE RECENT NUMBER, BUT IT WAS I BELIEVE A YEAR BEHIND ON THE MTA'S
DEBT AND SOME OTHER AUTHORITIES. SO THANK YOU FOR THAT. I JUST HAVE
ONE OR TWO OTHER, KIND OF, HIGH LEVEL QUESTIONS AND THEN I WILL LET YOU
GO. SO WITH REGARD TO THIS OVERALL NUMBER, DO YOU KNOW
PERCENTAGE-WISE OF THESE DEBT SERVICE COSTS HOW MUCH IS PRINCIPAL
AND HOW MUCH IS INTEREST?
MS. WEINSTEIN: IF YOU CAN HOLD ON A MOMENT,
THEY HAVE TO LOOK FOR THE CHART.
MR. RA: SURE.
(PAUSE)
MS. WEINSTEIN: I THINK WE WILL HAVE TO GET BACK
TO YOU WITH THE ANSWER, AND I THINK WE'LL HAVE MORE TIME THIS WEEK FOR
YOU TO HEAR THAT ANSWER.
MR. RA: SURE, OKAY. THANK YOU. AND THEN DO YOU
KNOW WHAT OUR STATE RELATED DEBT SERVICE, WHAT THE GROWTH HAS BEEN
ON AVERAGE FROM BUDGET TO BUDGET?
MS. WEINSTEIN: SO YOU'RE LOOKING BACKWARDS?
MR. RA: YES.
28
NYS ASSEMBLY MARCH 28, 2022
MS. WEINSTEIN: OKAY. WHILE I'M LOOKING FOR
BACKWARDS, DO YOU WANT TO KNOW WHAT GOING FORWARD IS?
MR. RA: WELL, IF WE KNOW WHAT THE GROWTH WILL BE
IN THE FUTURE, ABSOLUTELY; YEAH.
MS. WEINSTEIN: SO I COULD GO THROUGH THE
PROJECTED, BUT FROM FISCAL YEAR '23 TO '27 IT -- WE PROJECT A 27.24
PERCENT INCREASE, SO THAT WOULD BE GOING FROM $69.27 BILLION TO $88.14
BILLION.
MR. RA: GREAT, THANK YOU.
MS. WEINSTEIN: WE ONLY HAVE LAST YEAR AND THE
CURRENT YEAR GOING FORWARD FROM THE GOVERNOR'S OFFICE, SO WE WOULD
HAVE TO TRY AND GET YOU THAT INFORMATION.
MR. RA: OKAY, THANK YOU. I THINK THAT'S IT IN TERMS
OF QUESTIONS, SO THANK YOU, MADAM CHAIR.
MS. WEINSTEIN: THANK YOU, MR. RA.
MR. RA: I LOOK FORWARD TO MANY MORE DISCUSSIONS
WITH YOU, AS -- AND I HOPE THEY'RE ALL THIS WEEK.
MS. WEINSTEIN: I AGREE. I COULDN'T AGREE MORE.
MR. RA: MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. RA: THANK YOU. SO YOU KNOW, JUST QUICKLY
WANTED TO -- WANT TO MAKE A COUPLE OF POINTS. AS WE JUST WENT
THROUGH, YOU KNOW, WE'RE TALKING ABOUT OBVIOUSLY PRETTY LARGE DEBT
NUMBERS AND WHEN YOU ADD IN ALL OF THE AUTHORITY DEBT, YOU LOOK AT OUR
-- OUR OUTSTANDING DEBT AS A STATE WHICH WAS, YOU KNOW, BASED ON THE
29
NYS ASSEMBLY MARCH 28, 2022
EXECUTIVE BUDGET, $69.3 BILLION. AND I'M SORRY TO STEAL MY COLLEAGUE
IN FRONT OF ME -- MINE'S THUNDER BECAUSE I KNOW HE TALKS ABOUT THIS
EVERY YEAR, BUT -- SO $69.3 BILLION, $2.75 BILLION AUTHORIZED BY THE
TAXPAYERS, ACTUALLY THAT WENT THROUGH THE PROCESS THAT IS OUTLINED THAT
WE'RE SUPPOSED TO GO THROUGH. SO THE PERCENTAGE OF JUST THAT DEBT AND
THEN CERTAINLY WHEN YOU GET INTO ALL THE AUTHORITY DEBT THAT IS ACTUALLY
APPROVED BY OUR TAXPAYERS IS JUST MINISCULE RELATIVE TO THE OVERALL DEBT
THAT THE AUTHORITIES HAVE INCURRED AND CERTAINLY THAT AUTHORITIES HAVE
ISSUED ON BEHALF OF THE STATE. SO THAT IS CERTAINLY A CONCERN.
OUR STATE OUTSTANDING DEBT WAS $62.9 BILLION FOR
FISCAL YEAR '22, IT'S PROJECTED TO GROW, LIKE I SAID, TO $69.3 BILLION.
THAT'S AN INCREASE OF $6.4 BILLION OR OVER 10 PERCENT -- 10.2 PERCENT.
OUR COMPTROLLER HAS RANKED NEW YORK STATE AS THE SECOND MOST
INDEBTED STATE BEHIND CALIFORNIA AND OUR STATE RELATED DEBT IS GROWING
AT A HIGHER RATE, 2.2 PERCENT, THAN THE GROWTH OF INFLATION, WHICH IS 1.9
PERCENT, AND PERSONAL INCOME, WHICH IS 3.9 PERCENT OVER THE LAST TEN
YEARS. AND OUR DEBT PER CAPITA AT $3,461 PER PERSON WAS RANKED THE
HIGHEST IN THE NATION. THAT'S PROJECTED TO INCREASE TO $4,423 PER CAPITA
BY FISCAL YEAR '27, WHICH WOULD BE AN ANNUAL INCREASE OF 3.2 PERCENT.
SO THIS IS SOMETHING THAT TAXPAYERS IN NEW YORK STATE SHOULD BE
CONCERNED WITH.
NOW, THIS BILL CERTAINLY IS A SIGNAL TO THE FINANCIAL
MARKETS THAT WE'RE GOING TO MAKE DEBT PAYMENTS, THAT'S IMPORTANT. BUT
CERTAINLY FOR MANY OF MY COLLEAGUES THERE'S A CONCERN WITH THE FACT
THAT WE AREN'T ISSUING THE DEBT PROPERLY. THERE'S A CONCERN WITH THE
30
NYS ASSEMBLY MARCH 28, 2022
OVERALL AMOUNT OF DEBT, AND THERE'S AN ANNUAL CONCERN THAT WE ALL WILL
HAVE ON THIS BILL AND, UNFORTUNATELY, LIKELY OTHER BILLS THAT WE WILL
DISCUSS, DEBATE, AND VOTE UPON THIS WEEK THAT WE END UP HAVING TO DO
THEM IN A VACUUM, YOU KNOW, MAKING SOME ASSUMPTIONS AS TO WHAT
THE FINAL PRODUCT IN THIS BUDGET IS GOING TO LOOK LIKE, WHAT THE FINAL
FINANCIAL PLAN LOOKS LIKE. WE HAVE, LIKE I SAID, THIS BOND ACT, WE DON'T
KNOW WHAT THAT TOTAL AMOUNT'S GOING TO BE. SO WELL, YOU KNOW, THIS IS
CERTAINLY MAKING THE PAYMENTS THAT ARE DUE NOW, THEY'RE GOING TO BE
CERTAINLY THINGS IN THIS BUDGET THAT ARE GOING TO IMPACT WHAT THESE
NUMBERS LOOK LIKE INTO THE FUTURE.
SO I THANK MY COLLEAGUE, CHAIR WEINSTEIN, FOR
ANSWERING MY QUESTIONS, BUT I LOOK FORWARD TO MORE CLARITY IN DAYS TO
COME AS TO HOW HIGH A SPENDING INCREASE WE'RE GOING TO BE SEEING IN
THIS BUDGET. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. LAWLER.
MR. LAWLER: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD?
ACTING SPEAKER AUBRY: MS. WEINSTEIN, WILL
YOU YIELD?
MS. WEINSTEIN: YES.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS,
SIR.
MR. LAWLER: THANK YOU, MADAM CHAIRWOMAN.
TO THE EXTENT THAT YOU KNOW AT THIS TIME, WHAT -- WHAT IS OUR PROJECTED
31
NYS ASSEMBLY MARCH 28, 2022
BUDGET SURPLUS LOOKING TO BE?
MS. WEINSTEIN: SO I CAN TELL YOU THE NUMBER THAT
THE GOVERNOR PROJECTED, BUT -- WHICH IS $27 BILLION, BUT WE HAVE NOT
COME TO A FINAL AGREEMENT YET SO I CAN'T TELL YOU WHAT THE FINAL NUMBER
WILL BE.
MR. LAWLER: SO -- OKAY. SO BASED ON THE
GOVERNOR'S PROJECTIONS, JUST SO I HEARD YOU CORRECTLY, $27 BILLION?
MS. WEINSTEIN: YES.
MR. LAWLER: AND WHAT ARE WE PROJECTING TO
BORROW IN THIS YEAR'S BUDGET?
MS. WEINSTEIN: $9.3 BILLION AND JUST TO CORRECT,
THE GOVERNOR'S I ROUNDED DOWN, I GUESS THE GOVERNOR'S NUMBER IS
$27.7 BILLION.
MR. LAWLER: OKAY. WHY IF WE'RE PROJECTING A
BUDGET SURPLUS, WHY -- WHY WOULD WE BORROW MONEY?
MS. WEINSTEIN: YOU KNOW, THE INTEREST RATES STILL,
AT THE TIME OF THE BUDGET, WERE LOW AND BORROWING IS SOMETHING THAT
WE -- WE CAN -- WE CAN DO ESPECIALLY FOR, YOU KNOW, IF WE'RE LOOKING AT
CAPITAL MONEY, IT'S SPREAD OVER -- IT'S EXPENSES THAT IS SPREAD OVER A
PERIOD OF TIME.
MR. LAWLER: OKAY. SO WE HAVE, AS OF FISCAL
YEAR '22, $62.9 BILLION IN DEBT, AND IT IS NOW GOING TO BE PROJECTED
BASED ON THESE NUMBERS, IT'S PROJECTED TO BE $69.3 BILLION. I NOTED YOU
TALKED ABOUT OUR GREAT FISCAL OUTLOOK IN NEW YORK AND THAT TAX RECEIPTS
HAVE BEEN BETTER THAN ANTICIPATED. SO IF TAX RECEIPTS ARE BETTER THAN
32
NYS ASSEMBLY MARCH 28, 2022
ANTICIPATED AND WE HAVE A GREAT FISCAL OUTLOOK AND OBVIOUSLY WE'RE
RIGHT NOW IN THE MIDST OF DEALING WITH NATIONWIDE INFLATION WHICH
POTENTIALLY LEADS TO ECONOMIC RECESSION, WHY WOULD WE NOT TAKE THIS
OPPORTUNITY TO KIND OF GET OUR FISCAL HOUSE IN ORDER AND USE THE BUDGET
SURPLUS TO ACTUALLY REDUCE OUR DEBT, OUR TOTAL DEBT, AND BRING DOWN OUR
BORROWING LEVELS?
MS. WEINSTEIN: SO SIMILAR TO WHAT YOU WERE
SAYING, WE ARE GOING TO BE -- THE BUDGET PROVIDES OVER A FIVE-YEAR PLAN
OF $6 BILLION PAY -- PAY AS YOU GO, PAY GO ISSUANCES, SO THAT'S WHY
ACTUALLY OUR DEBT, NEW DEBT ISSUANCES ARE REDUCED FROM $50.2 BILLION
TO $44.2 BILLION OVER THE FIVE-YEAR PLAN. SO IT DOES REFLECT A 12 PERCENT
REDUCTION IN NEW DEBT ISSUANCES OVER THIS PERIOD OF TIME, OVER THE
FIVE-YEAR PLAN.
MR. LAWLER: OVER A FIVE-YEAR PLAN.
MS. WEINSTEIN: RIGHT.
MR. LAWLER: BUT IN FISCAL YEAR '23, OUR DEBT IS --
OUR TOTAL DEBT IS GOING UP, IS IT NOT?
MS. WEINSTEIN: SLIGHTLY.
MR. LAWLER: SO WE'RE MAKING AN ASSUMPTION FOR
FIVE YEARS THAT WE'LL BE ABLE TO REDUCE OUR DEBT. WHAT HAPPENS IF THE
ECONOMY TURNS DOWNWARD, WHAT ARE WE GOING TO DO THEN?
MS. WEINSTEIN: WELL, I MEAN THAT'S -- THAT'S WHAT
RESERVES ARE -- THAT'S WHAT SOME OF THE RESERVES ARE FOR. WE WILL HAVE
ENOUGH RESERVES AND THIS IS SOMETHING THAT YEAR TO YEAR WE CAN
READJUST.
33
NYS ASSEMBLY MARCH 28, 2022
MR. LAWLER: ALL RIGHT, WHEN YOU --
MS. WEINSTEIN: GOING FORWARD WE -- I MEAN,
OBVIOUSLY, WE'RE -- THE DEBT WE ISSUE NOW WILL BE THERE, BUT WE CAN
READJUST GOING FORWARD IN TERMS OF NEW DEBT.
MR. LAWLER: SO YOU'RE TALKING ABOUT RESERVES, THE
GOVERNOR PROPOSED A $216 BILLION BUDGET IN HER EXECUTIVE BUDGET.
TWO WEEKS AGO AT YOUR RECOMMENDATION THIS HOUSE PASSED A BUDGET
RESOLUTION THAT WOULD SPEND $226 BILLION. HOW MUCH DID WE REDUCE
OUR RESERVES TO GET FROM $216- TO $226-?
MS. WEINSTEIN: I BELIEVE WE WENT DOWN TO $4.5
BILLION AND WE USED SOME OF THOSE -- SOME OF THOSE UNANTICIPATED
FUNDS THAT THE GOVERNOR RECOMMENDED GO INTO RESERVES TO BE USED FOR
SPENDING. AND WE, UNDER THE -- OUR ONE-HOUSE, WE HAD $5- -- WELL,
WE LEFT $4.5 BILLION IN RESERVES.
MR. LAWLER: BUT YOU WOULD AGREE OUR --
MS. WEINSTEIN: OF THE NEW -- OF THE ADDITIONAL
MONIES.
MR. LAWLER: YOU WOULD AGREE OUR -- OUR
ONE-HOUSE OBVIOUSLY SPENT MORE MONEY WHICH MEANS THERE ARE LESS
RESERVES. WE'VE INCREASED DEBT. AND SO WHEN YOU SAY GOING FORWARD
IF THERE IS AN ECONOMIC DOWNTOWN, WE CAN RELY ON OUR RESERVES. WE'RE
ACTUALLY DEPLETING OUR RESERVES IN THE PROPOSED ASSEMBLY BUDGET.
MS. WEINSTEIN: WELL, OBVIOUSLY THAT -- WE PASSED
THAT BUDGET AND WE'RE STILL HAVING NEGOTIATIONS IN TERMS OF FINAL BUDGET.
THE GOVERNOR'S NUMBERS WERE WHAT WAS PRESENTED TO US IN JANUARY.
34
NYS ASSEMBLY MARCH 28, 2022
THEY WERE REESTIMATES OF REVENUES OF $1.2 BILLION FROM THE TIME SHE
PROPOSED THAT BUDGET TILL WHEN WE WERE ABLE TO DO OUR -- ENACT OUR --
WELL, PASS OUR ONE-HOUSE BUDGET AND ALSO THE PIT AND OTHER TAX
RECEIPTS HAVE -- HAVE INCREASED.
MR. LAWLER: OKAY. SHIFTING OVER TO SHORT-TERM
LIQUIDITY. THIS BUDGET PROPOSES A THIRD ROUND OF SHORT-TERM LIQUIDITY
ESTIMATED AT $5 BILLION. I BELIEVE IN THE 2020-2021 FISCAL TERM WE
USED $4.5 BILLION IN SHORT-TERM LIQUIDITY WHICH WAS REPAID BEFORE THE
END OF THE YEAR. AS I UNDERSTAND IT IN THE CURRENT FISCAL YEAR AND I
GUESS THERE'S A FEW DAYS LEFT, BUT IN THE CURRENT FISCAL YEAR WE HAVE NOT
USED ANY OF THE SHORT-TERM LIQUIDITY THAT WAS ALLOCATED IN THIS DEBT
SERVICE BILL LAST YEAR. WHY -- IF WE DID NOT NEED IT LAST YEAR AND IN
PART BECAUSE OF OUR ROSY FISCAL OUTLOOKS AND THE INCREASED TAX RECEIPTS,
WHY WOULD WE NEED TO INCLUDE THIS AT ALL GOING FORWARD?
MS. WEINSTEIN: WELL, IT'S MERELY AN AUTHORIZATION
STATUTE. AS YOU NOTE, IT WAS NOT USED LAST YEAR AND LAST YEAR WE REPAID
$4.5 BILLION IN THE PIT NOTES. SO IT'S MERELY AN AUTHORIZATION AND
THERE'S STILL DISCUSSIONS HAPPENING NOW AS TO WHAT A FINAL BUDGET WILL
LOOK LIKE IN TERMS OF...
MR. LAWLER: WELL, LET ME REPHRASE MY QUESTION A
LITTLE BIT. IF WE DIDN'T NEED TO USE IT LAST YEAR AND ACCORDING TO YOUR
INTERPRETATION WE HAVE A POSITIVE FISCAL OUTLOOK IN NEW YORK. WE
HAVE INCREASED TAX RECEIPTS. IF WE DIDN'T USE IT LAST YEAR, WHY DO WE
NEED THE AUTHORIZATION THIS YEAR, WHAT'S THE PURPOSE?
MS. WEINSTEIN: WELL, THE -- THE GOVERNOR
35
NYS ASSEMBLY MARCH 28, 2022
INCLUDED THAT IN THE BUDGET PRESENTED TO US IN JANUARY. WE DID NOT
INCLUDE THAT AUTHORIZATION IN OUR ONE-HOUSE BILL THAT WE PASSED ON THE
14TH. SO THAT -- WHETHER THAT AUTHORIZATION FOR THE SHORT-TERM PIT
NOTES WILL BE IN THE FINAL BUDGET IS STILL SOMETHING THAT WE ARE IN THE
PROCESS OF NEGOTIATING.
MR. LAWLER: DO YOU THINK THAT AUTHORIZATION IS
NECESSARY?
MS. WEINSTEIN: WE -- WE IN THE ASSEMBLY DO NOT
WHICH IS WHY WE REJECTED AND REMOVED IT FROM OUR ONE-HOUSE.
MR. LAWLER: OKAY. TERRIFIC, THANK YOU.
I WANT TO JUST CIRCLE BACK ON WHAT MY COLLEAGUE HAD
TALKED ABOUT WITH THE PUBLIC AUTHORITIES. SO VOTER APPROVED DEBT FOR
THE STATE IS ONLY 3.7 PERCENT OF STATE RELATED DEBT.
MS. WEINSTEIN: CORRECT.
MR. LAWLER: IT IS APPROXIMATELY $2.6 BILLION
OUTSTANDING. SO 96 PERCENT OF TOTAL DEBT FOR THE STATE OF NEW YORK IS
ACCUMULATED BY PUBLIC AUTHORITIES WITHOUT VOTER APPROVAL. CAN YOU
NAME THE TOP FEW PUBLIC AUTHORITIES THAT ACCRUE THIS DEBT?
MS. WEINSTEIN: I MAY -- LET ME SEE IF I CAN
ACTUALLY GET YOU THE BREAKDOWN BUT, YOU KNOW, SOME OF THE TOP ONES
ARE THE MTA, THE DORMITORY AUTHORITY - DASNY - SUNY, CUNY.
THOSE ARE SOME OF THE MAIN -- MAIN AUTHORITIES.
MR. LAWLER: THANK YOU FOR THAT. AND BY STATE
STATUTE, WE'VE ALLOWED -- WE'VE GRANTED THEM THE AUTHORITY TO JUST
BORROW WITHOUT VOTER APPROVAL, CORRECT?
36
NYS ASSEMBLY MARCH 28, 2022
MS. WEINSTEIN: YES.
MR. LAWLER: AND WHY -- WHY DO WE ALLOW THAT?
WHY -- WHY ARE WE ALLOWING THESE STATE AGENCY AUTHORITIES THE ABILITY
TO BORROW BILLIONS OF DOLLARS OF DEBT WITHOUT MERELY ANY OVERSIGHT?
MS. WEINSTEIN: YOU KNOW, IT'S -- WE APPROVED
THESE AMOUNTS IN THE -- IN OUR -- IN OUR BUDGET SO IT'S NOT VOTER
APPROVED, IT'S LEGISLATURE APPROVED. AND, YOU KNOW, SO THEN THE
AUTHORITIES ISSUE THE DEBTS AND WE HAVE THE CONTRACTUAL -- WE HAVE THE
OBLIGATION TO PAY IT. WE COULDN'T -- IT WOULD REALLY BE EXTREMELY
CUMBERSOME TO HAVE TO GO TO THE VOTERS FOR THE LONG LIST OF PROJECTS.
MR. LAWLER: OKAY. THANK YOU, MADAM CHAIR.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. LAWLER: WHILE I CERTAINLY APPRECIATE THAT IT
MAY BE CUMBERSOME, I THINK WHEN WE'RE TALKING ABOUT $291.7 BILLION
WORTH OF TOTAL DEBT AS OF 2020 WITH NO END IN SIGHT, I THINK MOST VOTERS
WOULD ACTUALLY LIKE TO KNOW WHAT THEIR CHILDREN AND THEIR
GRANDCHILDREN ARE GOING TO BE PAYING FOR FOR THE NEXT 40 TO 50 TO 60
YEARS. THE FACT IS TOM DINAPOLI, OUR STATE COMPTROLLER, RANKS NEW
YORK STATE AS THE SECOND MOST INDEBTED STATE BEHIND CALIFORNIA. NEW
YORK'S DEBT PER CAPITA IS PROJECTED TO INCREASE BY FISCAL YEAR '27 TO
$4,423. OUR STATE IS DEEPLY IN DEBT, AND AT A TIME WHERE MY
COLLEAGUES ARE SAYING WE HAVE A GREAT FISCAL OUTLOOK AND OUR TAX
RECEIPTS ARE BETTER THAN ANTICIPATED, IT SURE DOESN'T SEEM THAT WAY WHEN
YOU LOOK AT WHAT'S HAPPENING ALL AROUND US. WITH INFLATION THROUGH THE
37
NYS ASSEMBLY MARCH 28, 2022
ROOF, WITH SKY HIGH GAS PRICES, AND A PROPOSED BUDGET FROM THIS
CHAMBER THAT SPENDS $49 BILLION MORE THAN WAS ENACTED TWO YEARS
AGO, WE ARE HEADED FOR A FISCAL CLIFF. MY COLLEAGUE TALKS ABOUT IF WE
HAVE AN ECONOMIC DOWNTURN, OUR RESERVES ARE THERE TO HELP US. WELL,
THE PROPOSED BUDGET HELPS DEPLETE THOSE RESERVES. AND AT A TIME WHEN
WE SHOULD BE GETTING OUR FISCAL HOUSE IN ORDER AND PAYING DOWN THE
PRINCIPAL OF OUR DEBT, WE'RE ONLY PAYING 51 PERCENT OF OUR DEBT
SERVICE COST GOING TOWARDS PRINCIPAL, 49 PERCENT OF DEBT SERVICE COSTS
ARE GOING TOWARDS THE INTEREST. WE CONTINUE TO ACCUMULATE MORE DEBT
AND MORE DEBT AND MORE DEBT. AND MOST OF US WILL BE LONG GONE AND
OUR CHILDREN AND GRANDCHILDREN ARE GOING TO SUFFER THE CONSEQUENCES OF
IT.
THIS IS AN IRRESPONSIBLE BUDGET BILL AND INSTEAD OF
DOING WHAT WE SHOULD BE DOING, WHICH IS PAYING DOWN THE PRINCIPAL OF
OUR DEBT AND REDUCING OUR BORROWING, WE'RE GOING IN THE OPPOSITE
DIRECTION. I ENCOURAGE ALL MY COLLEAGUES TO VOTE NO ON THIS DEBT
SERVICE BILL.
ACTING SPEAKER AUBRY: MR. SMULLEN.
MR. SMULLEN: THANK YOU, MR. SPEAKER. WOULD
THE MEMBER FROM THE 41ST ASSEMBLY DISTRICT YIELD FOR A FEW QUESTIONS,
PLEASE?
ACTING SPEAKER AUBRY: MS. WEINSTEIN, WILL
YOU YIELD?
MS. WEINSTEIN: YES.
ACTING SPEAKER AUBRY: MS. WEINSTEIN
38
NYS ASSEMBLY MARCH 28, 2022
YIELDS.
MR. SMULLEN: THANK YOU VERY MUCH, CHAIR. I'VE
HEARD FROM MY COLLEAGUES AND I'LL TRY NOT TO COVER SOME OF THE SAME
GROUND, BUT THERE ARE A FEW POINTS THAT I'D LIKE TO ASK SOME QUESTIONS OF
YOU ON, REGARDING SPECIFICALLY IN THIS -- IN THIS BILL THAT WE'RE TALKING
ABOUT TODAY, COULD YOU EXPLAIN IN LAY TERMS, YOU KNOW, WHY THERE'S A
$6.4 BILLION INCREASE IN -- IN DEBT FOR NEW YORK STATE?
MS. WEINSTEIN: YES. SO THERE'S AN INCREASE IN
TRANSPORTATION, IN EDUCATION, IN ECONOMIC DEVELOPMENT AND HOUSING, IN
-- IN HEALTH AND MENTAL HEALTH. THOSE ARE THE -- THE PRIMARY INCREASES.
REALLY THE FIRST THREE; TRANSPORTATION, EDUCATION AND ECONOMIC
DEVELOPMENT AND HOUSING ARE THE MAJOR INCREASES; STATE FACILITIES AND
EQUIPMENT ALSO IS A SLIGHT INCREASE.
MR. SMULLEN: GENERALLY SPEAKING, THIS IS NOT FOR
INFRASTRUCTURE, THIS IS FOR VARIOUS ACCOUNTS TO MAKE UP FOR PANDEMIC
EXPENSES? I'M NOT QUITE SURE WHERE EACH OF THOSE -- THOSE CATEGORIES
FALL.
MS. WEINSTEIN: NO, IT -- IT IS INFRASTRUCTURE. IT'S
ALL INFRASTRUCTURE, THIS ISN'T OPERATING FUNDS.
MR. SMULLEN: SO IF IT'S ALL INFRASTRUCTURE, THAT
WE'RE BUILDING THINGS THAT WILL BE WITH US FOR 100 YEARS.
MS. WEINSTEIN: YES, WELL, 100 YEARS IS A -- I DON'T
KNOW ANY CONTRACTOR THAT WILL GIVE US THAT GUARANTEE, BUT YES,
LONG-TERM.
MR. SMULLEN: ONE WOULD HOPE AT LEAST IT WOULD
39
NYS ASSEMBLY MARCH 28, 2022
BE THERE FOR A LONG TIME SO --
MS. WEINSTEIN: YES.
MR. SMULLEN: -- WE'RE GETTING OUR MONEY'S WORTH
OUT OF THIS DEBT BECAUSE IT SEEMS TO ME THIS IS A 10 PERCENT INCREASE IN
DEBT IN A YEAR IN WHICH REVENUES, I THINK ONE OF MY COLLEAGUES ASKED
YOU, YOU SAID $27 BILLION IS WHAT OUR PROJECTED INCREASE IN REVENUE IS
THIS FOR THIS YEAR?
MS. WEINSTEIN: THE GOVERNOR IS -- BASED ON THE
BUDGET PRESENTED, IS ESTIMATING A BALANCE OF $27 BILLION, YES.
MR. SMULLEN: SO WE WOULD SAY THAT IT'S PROBABLY
SOME TIME IN THE -- IN THE RELATIVE ORDER OF FOUR TIMES AS MUCH REVENUE
IS COMING IN, PLUS WE'RE GETTING ABOUT $6-PLUS BILLION OF DEBT ON TOP OF
THAT REVENUE THAT WE'RE GOING TO SPEND THIS YEAR?
MS. WEINSTEIN: YES. BUT, YOU KNOW, BECAUSE
THEY ARE INFRASTRUCTURE AND CAPITAL PROJECTS, THEY TAKE SOME PERIOD OF
TIME AND THE -- THE MONEY IS SPENT OVER YEARS, IT'S NOT A ONE-YEAR
SPENDING OF DOLLARS. SO IT IS, IN MANY INSTANCES, BETTER TO HAVE SPREAD
OUT DEBT FOR THESE PROJECTS THEN TO HAVE CASH GOING TO IT IN A PARTICULAR
YEAR.
MR. SMULLEN: OF COURSE IT'S SPREAD OUT OVER
MANY YEARS BECAUSE WE KNOW IT TAKES A LONG TIME TO OBLIGATE THIS AND
TO -- AND TO PUT THIS MONEY OUT, BUT IT ALSO TAKES UP TO 30 YEARS TO PAY
THE MONEY OFF, AS WELL. SO YOU KNOW, OVER TIME THERE'S DIFFERENT
EFFECTS THAT DEBT HAS ON STATE'S LEVELS OF SPENDING AND WHATNOT.
BUT I'D LIKE TO SHIFT GEARS A LITTLE BIT AND MAKE SURE
40
NYS ASSEMBLY MARCH 28, 2022
THAT WE COVER IN THIS -- THIS PARTICULAR BILL THE LEVEL OF FEDERAL SPENDING
WHICH NEW YORK HAS BEEN OBLIGATED UNDER THE VARIOUS STIMULUS
PACKAGES. COULD YOU GIVE US A BALLPARK FIGURE OF HOW MUCH MONEY
THE FEDERAL GOVERNMENT HAS GIVEN NEW YORK IN THE PAST YEAR FOR
CORONAVIRUS RELIEF FOR INFRASTRUCTURE, WHAT WE PROJECT IT AS IN A GENERAL
SENSE?
MS. WEINSTEIN: ARE YOU TALKING JUST ABOUT THE
CAPITAL PLAN OR ARE YOU TALKING ABOUT THE TOTAL AMOUNT OF FEDERAL
DOLLARS?
MR. SMULLEN: TOTAL AMOUNT OF FEDERAL DOLLARS,
ROUGHLY.
MS. WEINSTEIN: SO THE FUNDING, THAT -- IS $47.613
BILLION.
MR. SMULLEN: $47 BILLION?
MS. WEINSTEIN: YES, $47.5 BILLION.
MR. SMULLEN: THANK YOU FOR THAT. HOW MUCH DO
WE ACTUALLY --
MS. WEINSTEIN: BUT, YOU KNOW, THAT IS FOR --
DEDICATED FOR PANDEMIC RELIEF, IT'S NOT AVAILABLE FOR OTHER PURPOSES.
MR. SMULLEN: OF COURSE, BUT IT'S MONEY THAT'S
BEEN SPENT BY NEW YORK STATE OR WILL BE SPENT FOR -- AS PART OF THIS
BUDGET THAT'S COMING UP.
MS. WEINSTEIN: YES, YES.
MR. SMULLEN: NOW, COULD YOU -- COULD YOU
ACTUALLY TELL ME WHOM ELSE DO WE OWE MONEY TO FOR THE FEDERAL
41
NYS ASSEMBLY MARCH 28, 2022
GOVERNMENT FOR THINGS SUCH AS UNEMPLOYMENT INSURANCE, HOW MUCH DO
WE OWE THE FEDS FOR THAT FUNDING?
MS. WEINSTEIN: THE UNEMPLOYMENT INSURANCE
FUND IS A LITTLE OVER $9 BILLION, THOUGH WE ARE TRYING TO HAVE THOSE
NEGOTIATIONS THAT WE -- THAT THAT WILL BE WAIVED BY THE FEDERAL
GOVERNMENT, SO I COULDN'T TELL YOU WHAT THE ABSOLUTE FINAL ANSWER WILL
BE ON WHETHER WE HAVE TO ACTUALLY PAY THAT MONEY.
MR. SMULLEN: BUT IT'S SOMEWHERE AROUND $9
BILLION THAT WE --
MS. WEINSTEIN: YES.
MR. SMULLEN: -- HAVE GIVEN OUR CITIZENS TO HELP
THEM THAT WE ACTUALLY OWE THE FEDERAL -- THE FEDERAL GOVERNMENT.
NOW, ONE OF MY COLLEAGUES HAD TALKED A LITTLE BIT ABOUT INFLATION. HOW
DOES INFLATION AFFECT ARE ABILITY TO PAY BACK DEBT THAT WE'RE -- THAT WE'RE
INCURRING? WE'RE GOING TO -- WE'RE GOING TO TAKE ON ADDITIONAL $6
BILLION, ARE WE GOING TO PAY THAT OFF IN INFLATED DOLLARS GOING FORWARD?
MS. WEINSTEIN: I CAN'T TELL YOU WHAT THE FUTURE
DOES, THAT'S THE AMOUNT THAT WE'RE GOING TO OWE. WE'RE GOING TO NEED
TO BE PAYING --
MR. SMULLEN: BUT IT'S MONEY WE OWE AND MONEY
WE'RE GOING TO HAVE TO TAX PEOPLE FOR AND WE'RE GOING TO HAVE TO GO
BACK TO THOSE CREDITORS AND GIVE THEM THAT MONEY BACK BASED ON A
SCHEDULE THAT WE'RE -- THAT WE'RE INCURRING.
MS. WEINSTEIN: YEAH; YES.
MR. SMULLEN: AND IS THAT ALSO GENERALLY SPEAKING
42
NYS ASSEMBLY MARCH 28, 2022
AND FOR THE CONVERSATION HERE, RELATING FEDERAL SPENDING TO STATE
SPENDING, IS THAT HOW THE FEDERAL GOVERNMENT DOES IT IN A SIMILAR
MANNER?
MS. WEINSTEIN: WELL, YOU KNOW, I THINK WE ALL
KNOW THAT THE -- I MEAN, I CAN'T TELL YOU EXACTLY HOW THE FEDERAL
GOVERNMENT FUNCTIONS, BUT THEY GET TO PRINT MONEY, WE DON'T.
MR. SMULLEN: WELL, I GUESS I WOULD BEG TO DIFFER
WITH YOU AT THE CHARACTERIZATION THAT THE TAXPAYERS OF THE UNITED STATES
WHO ACTUALLY BACK THAT DEBT WITH A FULL FAITH AND CREDIT OF THE UNITED
STATES GOVERNMENT, AREN'T AFFECTED BY THE SO-CALLED PRINTING OF MONEY
AND I DON'T WANT TO GET INTO A DEBATE ABOUT MONETARY AND FISCAL POLICY.
MS. WEINSTEIN: RIGHT, BUT I GUESS ALL I WAS SAYING
IS THAT WE HAVE -- WE NEED TO HAVE A BALANCED BUDGET AND THE FEDERAL
GOVERNMENT DOES NOT, THAT'S THE...
MR. SMULLEN: THEY BALANCE THEIR BUDGETS BY
OTHER MEANS IS HOW I WOULD DESCRIBE IT SORT OF THING. AT THIS POINT, WE
THINK IT'S SOMEWHERE ABOUT $28 TRILLION THAT THE FEDERAL GOVERNMENT
HAS UNDER ITS OBLIGATIONAL AUTHORITY, SOMEWHERE AROUND $5 BILLION OR
SO IN MOST RECENT. AND THE LARGEST THAT NEW YORK STATE HAS GOTTEN
FROM THAT, YOU KNOW, WE'VE GONE OVER THAT NUMBER. SO YOU KNOW,
SHOULDN'T WE THINK ABOUT USING SOME OF THOSE REVENUE SOURCES FROM
THE FEDERAL GOVERNMENT TO GO AHEAD AND PAY THIS DEBT DOWN AS
OPPOSED TO INCURRING NEW DEBT?
MS. WEINSTEIN: WELL, THE FEDERAL DOLLARS THAT ARE
PANDEMIC DOLLARS THAT WE'VE GOTTEN HAVE TO BE SPENT ON PANDEMIC --
43
NYS ASSEMBLY MARCH 28, 2022
PANDEMIC RELIEF, SO THAT -- IT'S NOT UNLIMITED. THE USE OF THAT MONEY IS
NOT UNLIMITED ON OUR -- ON THE STATE'S PART.
MR. SMULLEN: WELL, THANK YOU VERY MUCH, CHAIR;
I APPRECIATE IT.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. SMULLEN: THIS IS ALL RELATED, THE DEBT AT THE
FEDERAL LEVEL, THE DEBT AT THE STATE LEVEL, HOW MUCH WE HAVE SPENT,
HOW MUCH WE HAVE BORROWED. IT ALL ADDS UP AND IT'S ALL A BURDEN ON
THE TAXPAYERS OF THIS STATE WHETHER THEY PAY TAXES TO THE FEDERAL
GOVERNMENT, WHETHER THEY PAY TAXES TO THE STATE GOVERNMENT, OR
WHETHER THEY PAY TAXES AT THE LOCAL LEVEL. AND WHAT IT HAS ADDED UP TO
IS THE SECOND HIGHEST AT THIS TIME PER CAPITA DEBT BURDEN IN THE UNITED
STATES OF AMERICA WHEN, IN FACT, WE'RE BORROWING MONEY AT THE FEDERAL
LEVEL ONLY TO SPEND IT AT THE STATE LEVEL AND TO NOT BE FISCALLY
RESPONSIBLE AND PUT MONEY AWAY WHEN OUR TAX RECEIPTS ARE HIGHEST.
WE ARE INDEED LIKE A BUNCH OF TEENAGERS IN A CAR ABOUT TO HEAD OVER A
CLIFF, AND IT'S EVIDENT TO ANYBODY WHO LOOKS AT INFLATION THAT THIS IS WHY
INFLATION IS HAPPENING IN THE UNITED STATES TODAY BECAUSE OF
IRRESPONSIBILITY AT THE FEDERAL LEVEL AND IRRESPONSIBILITY AT THE STATE
LEVEL TO CONTROL SPENDING YEAR IN AND YEAR OUT TO MAKE SURE THAT THE
SYSTEM DOES NOT GET OUT OF BALANCE. AND I'M VERY WORRIED ABOUT THAT
BALANCE.
YOU KNOW, I CAN AGREE THAT THE STATE SHOULD PAY ITS
DEBT OBLIGATIONS, BUT I OBJECT TO MORE BEING ACCRUED FOR NO APPARENT
44
NYS ASSEMBLY MARCH 28, 2022
PURPOSE THAN TO SPEND, SPEND, AND SPEND. WE SPEND MONEY IN NEW
YORK FOR THINGS THAT WE DO NOT NEED AND IT'S MONEY THAT WE DO NOT
HAVE. AND FOR THAT REASON, I WILL BE VOTING NO ON THIS BILL AND I URGE
ALL OF MY COLLEAGUES TO THINK ABOUT THE FUTURE OF THEIR CHILDREN AND
THEIR CHILDREN'S CHILDREN HOW THIS IS GOING TO AFFECT THEM. THANK YOU
VERY MUCH, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. MONTESANO.
MR. MONTESANO: 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, SIR.
MR. MONTESANO: THANK YOU, MS. WEINSTEIN. I
JUST WANTED TO ASK, I HEARD A COMMENT BEFORE, YOU ANSWERED ONE OF MY
COLLEAGUE'S QUESTIONS STATING THAT THE LEGISLATURE VOTES ON THE DEBT
BECAUSE HE HAD ASKED YOU ABOUT DO THE PEOPLE VOTE ON IT AND YOU SAID
NO, THE LEGISLATURE VOTES ON IT. COULD YOU TELL ME WHERE WE VOTE ON
THAT? IS IT PROVISIONS OF THE BUDGET THAT CONTAIN THIS ORGANIZATION, OR IS
IT A SEPARATE BILL?
MS. WEINSTEIN: YEAR BY YEAR WHEN WE VOTE FOR
THE CAPITAL APPROPRIATIONS BILL THAT LISTS THE VARIOUS CAPITAL PROJECTS
THAT WE ARE AUTHORIZING --
45
NYS ASSEMBLY MARCH 28, 2022
MR. MONTESANO: RIGHT.
MS. WEINSTEIN: -- AND THEN TO THE EXTENT THEY --
AND THEN THE DEBT SERVICE BILL AUTHORIZES THE PAYMENTS FOR --
MR. MONTESANO: SO LET ME ASK YOU THIS: WHEN
WE TALK ABOUT THE CAPITAL BILL AND WE VOTE TO APPROVE THOSE CAPITAL
PROJECTS, AT LEAST FOR MYSELF, I'LL SPEAK FOR MYSELF, I'VE BEEN UNDER THE
ASSUMPTION WE'RE AUTHORIZING THAT MONEY OUT OF OUR CURRENT BUDGET TO
BE SPENT ON THOSE PROJECTS. SO IN ESSENCE ARE YOU SAYING THAT WE'RE
AUTHORIZING THE STATE TO GO BORROW THAT MONEY TO PAY FOR THOSE CAPITAL
PROJECTS? YES?
MS. WEINSTEIN: BASICALLY YES. I MEAN,
SOMETIMES IT CAN BE ACTUAL DOLLARS OR IT'S MOST -- YOU KNOW, MOST OFTEN
IT IS BONDED MONEY.
MR. MONTESANO: BONDED, ALL RIGHT. SO
ESSENTIALLY, SO THIS YEAR WHEN WE LOOK AT THE CAPITAL PROJECTS BILL IN
THE BUDGET, EVERYBODY SHOULD BE AWARE THIS IS MONEY WE DON'T HAVE,
THIS IS MONEY WE'RE GOING TO BORROW OR WE'RE GOING TO BOND.
MS. WEINSTEIN: CORRECT, AND THE DEBT BILL
REFLECTS THAT.
MR. MONTESANO: OKAY. ALL RIGHT. BECAUSE IT
WAS CONFUSING, I DIDN'T UNDERSTAND WHERE THIS AUTHORITY FOR THE VOTE
CAME FROM BECAUSE AGAIN, LOOKING AT THESE BILLS IN THE PAST, ONE WOULD
BE UNDER THE IMPRESSION THAT THIS WAS -- WE SPENT -- WE WERE
AUTHORIZING THE EXPENDITURE OF MONEY THAT WE ALREADY HAD. THANK
YOU.
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NYS ASSEMBLY MARCH 28, 2022
ON THE BILL, MR. SPEAKER.
ACTING SPEAKER CUSICK: ON THE BILL.
MR. MONTESANO: YOU KNOW, EVERY YEAR WE GO
THROUGH THIS WITH THIS DEBT SERVICE AND EVERY YEAR I VOTE AGAINST IT FOR
THE SIMPLE REASON IS A VERY, VERY SMALL PERCENTAGE OF THAT MONEY WAS
VOTER APPROVED, AND NOW AS THE SPONSOR INDICATES, THE MONEY IN THE
CAPITAL PROJECTS IS REALLY A LOAN. WE'RE AUTHORIZING A LOAN
UNBEKNOWNST TO MANY OF US THINKING WE WERE AUTHORIZING AN
EXPENDITURE OUT OF OUR CURRENT BUDGET, OR THE BUDGET THAT WAS BEING
ADOPTED. SO I WILL CONTINUE TO VOTE NO BECAUSE AS FAR AS I WAS
CONCERNED, THESE ARE NOT EXPENSES THAT WERE CLEARLY AUTHORIZED AND,
AGAIN, LOANS OF THAT NATURE AND BONDING OF THAT NATURE, THE SIZES THAT
THEY ARE AND THE PROJECTS THAT THEY'RE COVERING SHOULD BE VOTED ON BY
THE PUBLIC. IT'S THEIR MONEY, IT'S THEIR TAX DOLLARS. SO I REALLY THINK THAT
THE WAY THIS IS DONE NEEDS TO BE OVERHAULED, THERE NEEDS TO BE MORE
TRANSPARENCY.
SO AGAIN, I'LL BE VOTING NO AGAINST THE BILL TODAY AND,
YOU KNOW, WE'RE ALWAYS TOLD BY THE PEOPLE THAT ADVISE US THAT, YOU
KNOW, WE HAVE TO PAY THE STATE'S DEBT. WELL, I'M WILLING TO PAY THE
STATE'S DEBT THAT I'VE AUTHORIZED TO BE INCURRED, NOT THE ONES THAT I
HAVEN'T AUTHORIZED TO BE INCURRED. YOU KNOW, EVERYBODY BORROWS
MONEY IN OUR NAME, THE DORMITORY AUTHORITY, THE THRUWAY AUTHORITY,
AND EVERY OTHER PUBLIC AUTHORITY THAT EXISTS BORROWS HUNDREDS OF
MILLIONS OF DOLLARS AT A CLIP. MANY A TIMES IT'S WASTED, THE MTA BEING
THE MOST NOTORIOUS OFFENDER OF THEM ALL, AND THE PEOPLE DON'T GET A
47
NYS ASSEMBLY MARCH 28, 2022
RETURN ON THEIR DOLLAR. SO IT'S FOR THAT REASON I'LL BE VOTING IN THE
NEGATIVE AND I WOULD ASK MY COLLEAGUES TO CONSIDER DOING THE SAME.
THANK YOU.
ACTING SPEAKER CUSICK: MR. WALCZYK.
MR. WALCZYK: THANK YOU, MR. SPEAKER. WOULD
THE SPONSOR YIELD?
ACTING SPEAKER CUSICK: WILL THE SPONSOR
YIELD?
MS. WEINSTEIN: YES; YES, MR. SPEAKER.
ACTING SPEAKER CUSICK: THE SPONSOR YIELDS.
MR. WALCZYK: THANK YOU, MADAM CHAIR.
THROUGH YOU, MR. SPEAKER, WHO PURCHASES THE DEBT WHEN NEW YORK
STATE GOES OUT AND ISSUES DEBT, WHO BUYS THOSE BONDS?
MS. WEINSTEIN: MR. LAVINE, YOU BUY THE DEBT,
WERE YOU INDICATING?
(LAUGHTER)
YOU KNOW, IT'S INSTITUTIONAL BUYERS BUY IT, SOMETIMES
IT'S BANKS THAT THEN BREAK IT UP AND -- INTO, YOU KNOW, SMALLER AMOUNTS,
AND VARIOUS INVESTORS CAN BUY IT.
MR. WALCZYK: OKAY, THE PRIVATE SECTOR MOSTLY.
ARE FOREIGN GOVERNMENTS PROHIBITED FROM BUYING MUNICIPAL BONDS?
MS. WEINSTEIN: I DON'T BELIEVE SO.
MR. WALCZYK: HOW -- HOW MUCH OF A BOND THAT
NEW YORK STATE SENDS OUT TO A FOREIGN MARKET, HOW -- HOW MUCH OF
THAT BOND CAN FOREIGN MARKETS PURCHASE, IS IT 100 PERCENT?
48
NYS ASSEMBLY MARCH 28, 2022
MS. WEINSTEIN: I REALLY COULDN'T TELL YOU THE
AMOUNT, I DON'T -- I DON'T KNOW THE ANSWER TO THAT QUESTION.
MR. WALCZYK: THE -- SO THAT'S ON THE MUNICIPAL
BOND SIDE. ON THE PUBLIC AUTHORITIES, DO THEY HAVE A -- DO THEY HAVE A
STANDARD BY WHICH FOREIGN INVESTMENT...
MS. WEINSTEIN: I BELIEVE THEY JUST GO TO THE OPEN
MARKET, SO I DON'T -- I'M NOT AWARE OF RESTRICTIONS.
MR. WALCZYK: THROUGH YOU, MR. SPEAKER, I
KNOW FROM TIME TO TIME WE BRING UP THESE, YOU KNOW, DIVESTMENT BILLS
AND SOMETIMES THIS LEGISLATURE DEBATES THE VALUE THEREOF. I'M
WONDERING IS THERE ANYTHING -- WHEN WE TAKE ON A BILL LIKE THIS THAT IS
THE GENERAL DEBT SERVICE FUND FOR NEW YORK STATE, DO WE TALK ABOUT
HOW MUCH OF OUR DEBT, AS NEW YORKERS, WE'RE OFFERING FOR THE CHINESE
GOVERNMENT OR THE RUSSIAN GOVERNMENT OR ANYBODY ELSE TO PURCHASE?
MS. WEINSTEIN: THAT I COULDN'T TELL YOU. I DO
KNOW THAT DURING APARTHEID, THERE WAS A RESTRICTION THAT WAS PUT ON
BEING ABLE TO PURCHASE NEW YORK STATE DEBT. I DON'T KNOW THAT THERE
ARE RESTRICTIONS YET, AND OBVIOUSLY THIS DEBT IS NOT YET AUTHORIZED SO
GOING FORWARD I'M NOT SURE WHAT THE -- WHETHER OR NOT THERE WOULD BE
RESTRICTIONS INCLUDED.
MR. WALCZYK: OKAY. THANK YOU, MADAM CHAIR.
MR. SPEAKER, ON THE -- ON THE BILL.
ACTING SPEAKER CUSICK: ON THE BILL.
MR. WALCZYK: SO THIS IS THE FIRST IN MANY BUDGET
BILLS THAT WE'RE TAKING UP. ONE THING THAT I'M ENCOURAGED ABOUT IS THAT
49
NYS ASSEMBLY MARCH 28, 2022
THIS ONE ACTUALLY HAD ENOUGH AGE TO BE VIEWED BY THE PUBLIC, TO ALLOW
US TO ASK QUESTIONS LIKE THIS. IT'S ACTUALLY, AND I WOULD NOTE FOR THE
RECORD, MR. SPEAKER, IT IS ACTUALLY DAYLIGHT OUTSIDE RIGHT NOW. MOST
MEDIA IS OPERATING, PEOPLE ARE AWAKE WHILE WE'RE DOING THIS BILL. SO I
WANT TO GIVE A THUMBS UP FOR THIS PART OF THE PROCESS. I HOPE THAT THIS
ISN'T THE LAST ONE. I HOPE THAT THE REST OF THE BILLS THROUGHOUT THIS
PROCESS ARE ISSUED BEFORE MIDNIGHT TONIGHT SO THEY HAVE ENOUGH AGE
THAT THE PUBLIC CAN SEE THEM, SO THAT THEY HAVE ENOUGH AGE SO THAT WE
CAN COMMENT ON THEM, DIGEST THEM, HAVE A HEALTHY DEBATE OVER THE
NEXT FEW DAYS IN BROAD DAYLIGHT SO THAT THE MEDIA, THE FOURTH BRANCH OF
GOVERNMENT CAN REPORT ON THESE THINGS AND THAT THE CONSTITUENTS OF THE
GREAT STATE OF NEW YORK KNOW EXACTLY WHAT BUDGET THEY'RE GETTING. I
HAVE A FEELING THAT'S NOT HOW IT'S GOING TO GO DOWN, BUT WE'LL SEE, I'LL
HOLD OUT FOR HOPE SO GOOD LUCK AND I HOPE THAT YOU GET ALL OF THE BILLS
IN BEFORE MIDNIGHT TONIGHT, MADAM CHAIR.
I'VE GOT SOME SPECIFIC CONCERNS ABOUT THIS ONE AND IT'S
NOT JUST THAT NEW YORK SEEMS TO BE COMMITTED TO PAYING LESS THAN THE
MINIMUM PAYMENT ON ITS CREDIT CARD BILL. WE TAKE UP THIS DEBT
SERVICE BILL BEFORE WE KNOW WHAT THE SPENDING PLAN IS IN NEW YORK
STATE, WHICH SEEMS A LITTLE BIT BACKWARDS TO ME. BUT THEN AGAIN, I
DIDN'T BRING THIS ONE FORWARD HERE TODAY. IF YOU SAW, MR. SPEAKER,
SOME OF MY QUESTIONS SPECIFICALLY ARE ON WHO'S BUYING THIS DEBT. MY
UNDERSTANDING IS THAT MUNICIPAL DEBT, MUNICIPAL BONDS WHEN THEY GO
TO MARKET CAN HAVE UP TO A 10 PERCENT FOREIGN INVESTMENT. IT SOUNDS
LIKE MAYBE WHEN NEW YORK STATE ISSUES ITS DEBT IT COULD BE GREATER
50
NYS ASSEMBLY MARCH 28, 2022
THAN THAT. THE CHAIR WASN'T EVEN CERTAIN WHETHER IT COULD BE UP TO 100
PERCENT OF A FOREIGN MARKET THAT WOULD ACTUALLY OWN THE DEBT OF THE
STATE OF NEW YORK. AND WHEN YOU CONSIDER SOME OF THE FOREIGN
PLAYERS, WELL, THEY'RE NOT JUST UNFRIENDLY TO THE STATE OF NEW YORK AND
THE GREAT CAUSES THAT WE HAVE HERE, BUT THEY'RE UNFRIENDLY TO THE UNITED
STATES. AND WITHOUT CLARITY ON THOSE ANSWERS, WITHOUT CLARITY ON A
BUDGET OR A SPENDING PLAN, I CAN'T IN FULL FAITH SUPPORT A DEBT SERVICE
BILL LIKE THIS ONE WHICH PAYS LESS THAN THE MINIMUM ON OUR GIANT
CREDIT CARD DEBT.
WITH THAT, MR. SPEAKER, I WILL BE VOTING NO. THANKS
FOR THE TIME.
ACTING SPEAKER CUSICK: MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. WOULD THE SPONSOR
YIELD?
ACTING SPEAKER CUSICK: WILL THE SPONSOR
YIELD?
MS. WEINSTEIN: YES.
ACTING SPEAKER CUSICK: THE SPONSOR YIELDS.
MR. GOODELL: OF COURSE, MS. WEINSTEIN, I
APPRECIATE YOUR COMMENTS, AND YOU WERE EXPECTING ME TO ASK YOU
ABOUT ARTICLE VIII, SECTION -- SECTION 11 OF THE STATE CONSTITUTION,
RIGHT?
MS. WEINSTEIN: RIGHT, AND THE SCHULZ CASE, YES.
MR. GOODELL: YEAH, WHICH SAYS THAT NO DEBT
SHALL BE CONTRACTED BY OR ON BEHALF OF THE STATE UNLESS APPROVED BY THE
51
NYS ASSEMBLY MARCH 28, 2022
VOTERS, RIGHT, BY AND ON BEHALF, AND YOU PREVIOUSLY MENTIONED THAT THE
VOTER APPROVED DEBT IS $2.75 BILLION AND THE NON-VOTER APPROVED DEBT
IS IN EXCESS OF $165 BILLION.
MS. WEINSTEIN: CORRECT.
MR. GOODELL: SO AM I CORRECT THEN THAT THAT $165
BILLION THAT WAS NOT VOTER APPROVED IS NOT DEBT THAT WAS INCURRED BY OR
ON BEHALF OF THE STATE?
MS. WEINSTEIN: ACCORDING TO THE COURT OF
APPEALS DECISIONS, WE FEEL THAT THIS IS -- THAT THE DEBT WE'RE TALKING
ABOUT HERE THROUGH THE AUTHORITIES IS CONSTITUTIONALLY AUTHORIZED.
MR. GOODELL: SO IN ORDER FOR THAT TO BE
CONSTITUTIONAL THEN IT'S NOT DEBT INCURRED BY OR ON BEHALF OF THE STATE,
CORRECT?
MS. WEINSTEIN: IT IS ON BEHALF OF THE STATE.
MR. GOODELL: WELL, IF IT'S ON BEHALF OF THE STATE
THEN THAT TRIGGERS THE REQUIREMENT THAT WE HAVE VOTER APPROVAL. OF
COURSE, THERE'S A LOT OF DEBT THAT'S NOT INCURRED BY OR ON BEHALF OF THE
STATE; IN FACT, IT'S PROBABLY ABOUT $165 BILLION.
(PAUSE)
MS. WEINSTEIN: SOME -- SOME OF THAT DOLLAR
AMOUNT IS DEBT THAT THE AUTHORITIES ISSUE ON THEIR OWN BEHALF, YOU
KNOW, BASED ON THE CLIENTS THEY HAVE. SO I THINK THE NUMBER IS CLOSER
TO $65 BILLION THAT THE STATE IS OBLIGATED TO REPAY -- $69 BILLION I
BELIEVE.
MR. GOODELL: NOW THE $69 BILLION THAT YOU
52
NYS ASSEMBLY MARCH 28, 2022
MENTIONED, THAT'S FOR A WIDE VARIETY OF PROJECTS, RIGHT? WOULDN'T THAT
INCLUDE, FOR EXAMPLE, CONSERVATION PROJECTS, ENVIRONMENTAL PERHAPS,
TOURISM, RECREATION, PERHAPS TRANSPORTATION PROJECTS. A LOT IS WITH THE
DORMITORY, YOU MENTIONED A LOT IS WITH MTA, CORRECT? IT'S A WIDE
VARIETY OF DIFFERENT PROJECTS, HOUSING IS OFTEN A BIG ONE; AM I CORRECT?
MS. WEINSTEIN: YES, YES.
MR. GOODELL: BUT OF COURSE, DEBT THAT IS INCURRED
BY OR ON BEHALF OF THE STATE OF NEW YORK UNDER THE CONSTITUTION NOT
ONLY HAS TO BE AUTHORIZED BY THE VOTERS, BUT IT MUST BE, QUOTE, "FOR
SOME SINGLE WORK OR PURPOSE." AND OBVIOUSLY THIS DEBT IS NOT FOR A
SINGLE WORK OR PURPOSE, IT COVERS A VERY WIDE VARIETY OF PROJECTS FROM
ROADS AND BRIDGES TO APARTMENT BUILDINGS TO HOUSING AND EVERYTHING
ELSE, RIGHT?
MS. WEINSTEIN: WELL, THE -- I'M GIVING YOU THE
CUMULATIVE NUMBERS. WHEN THE DEBT IS ISSUED, IT IS FOR A SPECIFIC
PURPOSE.
MR. GOODELL: NOW, IN THE PAST WHEN WE'VE
LOOKED AT BORROWING AUTHORIZATION FOR THESE AUTHORITIES, IT ALWAYS SAID
WE'RE PLEDGING OUR TAX -- INCOME TAXES OR OUR SALES TAXES TO THE EXTENT
APPROPRIATED BY THE LEGISLATURE, CORRECT? WE ALWAYS PUT THAT
EXCEPTION, IF YOU WILL, CORRECT?
MS. WEINSTEIN: YES.
MR. GOODELL: SO AM I CORRECT THEN THAT IF WE DID
NOT PASS THIS BILL, WE WOULDN'T BE SUED BECAUSE IN THE ORIGINAL
AUTHORIZATION WE SAID THE FULL FAITH AND CREDIT OF THE STATE IS NOT BEHIND
53
NYS ASSEMBLY MARCH 28, 2022
THIS; IS THAT CORRECT?
MS. WEINSTEIN: WELL, THIS IS OUR COMMITMENT THAT
WE'VE MADE TO THE BONDHOLDERS, THAT WE ARE -- THE STATE IS VOLUNTARILY
ACCEPTING THE RESPONSIBILITY TO REPAY THIS DEBT THAT WAS INCURRED FOR
IMPROVEMENTS WITHIN OUR STATE.
MR. GOODELL: SO WE'RE VOLUNTARILY AGREEING TO
PAY $5.2 BILLION IN DEBT PAYMENTS ON BEHALF OF THE TAXPAYERS?
MS. WEINSTEIN: WELL, IT'S A CONTRACTUAL OBLIGATION
THAT WE HAVE.
MR. GOODELL: BUT IT'S AN UNENFORCEABLE
CONTRACTUAL OBLIGATION, RIGHT? I MEAN, BECAUSE WE STATE RIGHT UP THERE
THAT THERE'S -- OUR FULL FAITH AND CREDIT DOESN'T BACK IT, BECAUSE IF WE
DIDN'T HAVE THAT WAIVER, IF YOU WILL, OR THAT EXCEPTION, THEN THE COURT OF
APPEALS CASE WOULD SAY, WAIT A MINUTE, YOU GOT TO GO BACK AND GET
VOTER APPROVAL, CORRECT? I MEAN, THAT WAS THE TECHNICALITY THEY HUNG
THEIR HAT ON IN THAT DECISION, CORRECT?
MS. WEINSTEIN: WELL, THAT HAD TO DO WITH THE
PURPOSE OF ELECTORAL -- AN ELECTORAL SPENDING. SO THESE ARE DIFFERENT
KINDS OF DEBT THAT WE ARE TALKING ABOUT.
MR. GOODELL: NOW, 96 PERCENT OF OUR DEBT LOAD
AND OUR DEBT PAYMENT, AS YOU INDICATED EARLIER, RELATES TO AUTHORITIES.
HAS ANY OF THAT AUTHORITY DEBT SEPARATE AND DISTINCT FROM WHAT WE'RE
DOING HERE, HAS ANY OF THAT BEEN APPROVED BY THE VOTERS?
MS. WEINSTEIN: THE PUBLIC -- I THINK I MENTIONED
EARLIER THAT THE PUBLIC AUTHORITY DEBT IS NOT APPROVED BY THE VOTERS, IT
54
NYS ASSEMBLY MARCH 28, 2022
IS -- GENERAL OBLIGATION BONDS ARE APPROVED.
MR. GOODELL: AND OF COURSE, AS YOU KNOW, JUST
TWO YEARS AGO OUR TOTAL STATE BUDGET WAS ABOUT $176 BILLION AS I RECALL,
AND YOU INDICATED THAT THE AUTHORITY DEBT BACK THEN WAS ALMOST THE
SAME AS THE ENTIRE STATE BUDGET. ARE THOSE DEBTS INCURRED BY THE
AUTHORITY FOR PARTICULAR PROJECTS APPROVED BY ELECTED OFFICIALS? I
KNOW WE GIVE A GENERAL AUTHORIZATION FOR THE MTA TO BORROW BILLIONS,
BUT DO WE ACTUALLY SIGN OFF ON ANY OF THEIR PROJECTS?
MS. WEINSTEIN: WELL, SOME OF IT IS, AS WITH THE
DISCUSSION WITH ASSEMBLYMAN MONTESANO, SOME OF IT IS IN THE CAPITAL
IS APPROVED BY US, BY THE LEGISLATURE IN THE CAPITAL BUDGET BILL THAT
WE ARE -- WE WILL ADOPT. SOME OF IT IS THROUGH THE PUBLIC AUTHORITY'S
CONTROL BOARD, AND THAT THE LEGISLATURE HAS, YOU KNOW, THAT WE IN THE
ASSEMBLY HAVE -- HAVE -- HAVE A VOTE ON AND THE SENATE, SIMILARLY.
MR. GOODELL: NOW, AS YOU KNOW, OUR
CONSTITUTION, ARTICLE VII, SECTION 8, SUBPARAGRAPH 3, HAS AN EXCEPTION
FOR THE REQUIREMENT FOR VOTER APPROVAL ON CERTAIN DEBT THAT RELATES
SPECIFICALLY TO INDUSTRIAL OR MANUFACTURING PLANTS AND EQUIPMENT. I
MEAN, IT'S SET FORTH RIGHT IN THE CONSTITUTION. HOW MUCH OF THIS DEBT
FALLS WITHIN THAT EXCEPTION?
MS. WEINSTEIN: I DON'T KNOW THAT I CAN GIVE YOU
THOSE NUMBERS AT THIS POINT.
MR. GOODELL: I SEE. THERE ARE OTHER EXCEPTIONS,
TOO, REVENUE ANTICIPATION NOTES, RESPONDING TO FOREST FIRES, NATURAL
DISASTERS. HOW MUCH OF THAT DEBT FALLS WITHIN ANY OF THOSE OTHER
55
NYS ASSEMBLY MARCH 28, 2022
EXCEPTIONS?
MS. WEINSTEIN: I THINK, MR. GOODELL, THAT WE
NEED TO GET BACK TO YOU ON THE BREAKDOWNS OF THE NUMBER THAT YOU'RE
ASKING FOR.
MR. GOODELL: THANK YOU. DO YOU KNOW
APPROXIMATELY WHAT THE INTEREST RATE NEW YORK STATE IS CURRENTLY
PAYING ON THIS DEBT? I MEAN, DO WE HAVE A SENSE OF WHAT THE AVERAGE
INTEREST RATE MIGHT BE?
MS. WEINSTEIN: I THINK IT'S A HARD NUMBER TO COME
UP WITH BECAUSE THIS DEBT IS ISSUED AT VARIOUS POINTS THROUGHOUT THE
YEAR. EACH ONE HAS DIFFERENT KINDS OF STRUCTURE, HOW THAT DEBT IS
STRUCTURED SO THE INTEREST RATES CAN VARY FROM ONE TO THE OTHER. SO I
THINK IT'S DIFFICULT TO COME UP WITH A SINGLE INTEREST RATE.
MR. GOODELL: AND I UNDERSTAND THERE'S DIFFERENT
MATURITIES AND DIFFERENT INTEREST RATES. CAN YOU GIVE US AN IDEA OF WHAT
THE AVERAGE IS?
MS. WEINSTEIN: UNFORTUNATELY, I DON'T HAVE THAT
INFORMATION. I WILL SAY THAT AT TIMES WE HAVE PAID -- PAID DOWN HIGH
INTEREST -- SOME OF OUR HIGH INTEREST BONDS AND REISSUED TO GET LOWER
INTEREST.
MR. GOODELL: WELL, AS YOU KNOW, THE TREASURY
NOTES -- NOW, GRANTED, THE FEDERAL GOVERNMENT HAS A DIFFERENT CREDIT
RATING THAN WE DO SINCE THEY CAN PRINT MONEY, BUT THE FEDERAL NOTES
HAVE BEEN BELOW 1 PERCENT FOR MANY YEARS. IS IT SAFE TO ASSUME THAT
OUR INTEREST RATE IS IN THAT RANGE?
56
NYS ASSEMBLY MARCH 28, 2022
MS. WEINSTEIN: I WOULD THINK WE'RE NOT BELOW 1
PERCENT.
MR. GOODELL: YOU THINK WE'RE ABOVE 1 PERCENT?
MS. WEINSTEIN: YES, BUT I CAN'T GIVE YOU THAT
ANSWER RIGHT NOW.
MR. GOODELL: OKAY. WELL, AS ALWAYS, I
APPRECIATE YOUR INSIGHTS AND THANK YOU VERY MUCH FOR THE INFORMATION
YOU'VE PROVIDED.
ON THE BILL, SIR.
ACTING SPEAKER CUSICK: ON THE BILL.
MR. GOODELL: AS MY -- AS MY COLLEAGUE
MENTIONED, WE'RE SEEING THE FEDERAL RESERVE RAISE INTEREST RATES BY A
QUARTER PERCENT, AND MANY OBSERVERS EXPECT THE INTEREST RATE TO BE
RAISED MORE THAN ONCE THIS YEAR, EACH TIME BY A QUARTER PERCENT. AND
THE INTERESTING THING ABOUT INTEREST RATES IS YOU CAN SAY, WELL, IT'S ONLY
GOING UP BY A QUARTER OF A PERCENT. THAT DOESN'T SOUND BAD, DOES IT?
BUT IF YOUR INTEREST RATE ALREADY IS 1 PERCENT, THEN A QUARTER PERCENT
INCREASE MEANS YOU'RE GETTING A 20 PERCENT INCREASE IN YOUR INTEREST
RATE. AND IF THE INTEREST RATE GOES UP THREE TIMES THIS YEAR, YOU'RE
LOOKING AT A 60 PERCENT INCREASE IN YOUR INTEREST, AREN'T YOU? NOW, FOR
MOST OF US, YOU KNOW, A QUARTER OF A PERCENT DOESN'T MAKE MUCH
DIFFERENCE, BUT IN STATE OF NEW YORK WE'RE PAYING OVER $5 BILLION A
YEAR IN JUST INTEREST. SO A 20 PERCENT INCREASE IN INTEREST RATE TRANSLATES
INTO A LOT OF MONEY.
NOW, EVERY YEAR WE HAVE THE DEBATE ABOUT THE
57
NYS ASSEMBLY MARCH 28, 2022
REQUIREMENT THAT'S IN THE STATE CONSTITUTION THAT ALL THE DEBT INCURRED
BY OR ON BEHALF OF THE STATE MUST BE APPROVED BY THE VOTERS. AND SO
THE WAY THE STATE'S GOTTEN AROUND THAT IS THEY AUTHORIZE UNELECTED
OFFICIALS AND AUTHORITIES TO GO OUT AND BORROW MONEY AND THEN THEY SAY
TO THE BONDHOLDERS, THE STATE WILL MAKE SURE YOU GET PAID BACK BUT, BY
THE WAY, SUBJECT TO OUR DECISION TO MAKE SURE THAT YOU GET PAID BACK.
THEY ACTUALLY PUT IT RIGHT IN THE LANGUAGE, WE ARE NOT GUARANTEEING THE
FULL FAITH AND CREDIT OF THE STATE. AND SO THEY HAVE THIS TERM THAT'S
CALLED MORAL OBLIGATION. WHAT A GREAT PHRASE, ISN'T IT. WE HAVE A
MORAL OBLIGATION TO CIRCUMVENT THE CONSTITUTION THAT WE ALL SWORE TO
UPHOLD. I'M NOT QUITE SURE WHERE THAT CONCEPT OF MORALITY CAME FROM,
IT'S NOT ONE THAT I'M ACCUSTOMED TO FROM MY DISTRICT WHERE MY PEOPLE
COME FROM.
SO AS WAS MENTIONED, WE HAVE VOTER APPROVED DEBT
AND THAT INTEREST PAYMENT IS $239 MILLION, AND THEN WE HAVE ALL THIS
BACKDOOR BORROWING WHERE WE'RE PAYING $5.2 BILLION. AND THE AMOUNT
OF THAT BACKDOOR BORROWING IS ABOUT EQUAL TO OUR ENTIRE STATE BUDGET.
SO THINK ABOUT THAT. THE TAXPAYERS IN THE STATE OF NEW YORK ARE ON
THE HOOK FOR AN AMOUNT THAT'S ABOUT EQUIVALENT TO OUR ENTIRE STATE
BUDGET AND NOT A SINGLE STATE LEGISLATOR SIGNED OFF ON THOSE INDIVIDUAL
PROJECTS, AND NOT A SINGLE VOTER OTHER THAN THOSE MEMBERS OF THE BOARD
VOTED ON IT. THERE'S A REASON WHY OUR STATE CONSTITUTION REQUIRES VOTER
APPROVAL OF ANY DEBT, AND IT COMES OUT OF THE FACT THAT OUR STATE IN THE
PAST RAN UP A HUGE DEBT BILL AND IT CREATED HORRIFIC FINANCIAL PROBLEMS,
WHICH IS WHY THE VOTERS PUT A RESTRICTION ON WHAT WE COULD DO WHEN IT
58
NYS ASSEMBLY MARCH 28, 2022
COMES TO DEBT.
AND SO I WILL BE JOINING MOST OF MY COLLEAGUES IN
VOTING NO. IF THIS DEBT PAYMENT WAS LIMITED TO $239 MILLION, WHICH IS
THE AMOUNT OF DEBT PAYMENT ON THE VOTER APPROVED DEBT, THEN I WOULD
BE ALL IN. BUT WITHOUT THAT, I'M OPPOSED. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
MR. SALKA.
MR. SALKA: THANK YOU, MR. SPEAKER. WOULD THE
ESTEEMED CHAIR OF THE WAYS AND MEANS COMMITTEE ANSWER A FEW
QUESTIONS, PLEASE?
ACTING SPEAKER AUBRY: MS. WEINSTEIN, WILL
YOU YIELD?
MS. WEINSTEIN: YES.
ACTING SPEAKER AUBRY: MS. WEINSTEIN
YIELDS, SIR.
MR. SALKA: THANK YOU, MADAM, AND THANK YOU FOR
YOUR TIME. IT'S A GRUELING PROCESS TO SAY THE LEAST, AND IT'S ONLY
MONDAY.
MS. WEINSTEIN: I WAS GOING TO SAY, IT HAS ONLY
BEGUN.
MR. SALKA: I HAVE A QUESTION, AND I APOLOGIZE FOR
THE SOMEWHAT HYPOTHETICAL NATURE OF THE QUESTION, BUT I THINK IT'S
SOMETHING THAT A LOT OF MY CONSTITUENTS WILL WANT TO KNOW, AND I FEEL
COMMITTED TO BE ABLE TO TELL THEM. AS WE CAN SEE, ONE OF MY
COLLEAGUES STATED THAT THIS BUDGET'S ABOUT $49 BILLION MORE THAN JUST A
59
NYS ASSEMBLY MARCH 28, 2022
COUPLE YEARS AGO. SO I'M SURE THAT BUDGET TWO YEARS AGO WAS BILLIONS
OF DOLLARS MORE THAN THE BUDGET TWO YEARS BEFORE THAT AND SO FORTH AND
SO ON, SO OBVIOUSLY THERE'S A TREND OF INCREASED BUDGET -- OR INCREASED
SPENDING ON BEHALF OF THE -- THE STATE AND THE LEGISLATURE AND THE
GOVERNOR'S OFFICE.
AGAIN, I KNOW YOU DON'T HAVE A CRYSTAL BALL BUT YOU
HAVE SOME VERY QUALIFIED PEOPLE AROUND YOU, IS THERE ANY INDICATION
ABOUT HOW SUSTAINABLE THIS SPENDING IS? IN OTHER WORDS, WE ONLY HAVE
A FIXED AMOUNT OF -- WELL, A RELATIVELY FIXED AMOUNT OF REVENUE AND
THAT'S THE TAXPAYER, OKAY, AND CORPORATIONS. NOW, NEW YORK STATE HAS
LOST HUNDREDS OF THOUSANDS OF PEOPLE IN A VERY, VERY SHORT AMOUNT OF
TIME AND I IMAGINE A LOT OF THOSE ARE TAXPAYERS. SO GIVEN THAT
SHRINKING POOL OF REVENUE, WHAT THAT INCREASING EXPONENTIALLY, ALMOST
EXPONENTIAL INCREASE IN SPENDING, WHAT'S OUR SUSTAINABILITY LOOK LIKE?
WHAT DO WE LOOK LIKE IN 2027, 2028, 2030 WHEN, YOU KNOW, MY
27-YEAR-OLD SON IS GOING TO BE 30 OR 32 BY THEN AND HOPEFULLY BE A
TAXPAYER IN THE STATE OF NEW YORK.
MS. WEINSTEIN: WELL, YOU KNOW, I THINK I MADE
MENTION THAT IN REGARDS TO SOMEONE ELSE'S QUESTION THAT WE ARE ACTUALLY
SEEING, DESPITE PERHAPS PEOPLE LEAVING AND WE CAN ARGUE WE DON'T
REALLY KNOW WHETHER PEOPLE HAVE LEFT OR NOT, BUT THE BOTTOM LINE IS THAT
THE PERSONAL INCOME TAX RECEIPTS IN NEW YORK STATE ARE INCREASING,
AND JUST FROM JANUARY TO WHEN WE STARTED WORKING ON THE BUDGET JUST A
FEW WEEKS AGO -- WELL, IN THE MONTH PAST AND THE GOVERNOR'S 30 DAY
AMENDMENTS THERE WAS A $1.2 BILLION INCREASE IN PROJECTED REVENUES
60
NYS ASSEMBLY MARCH 28, 2022
FOR THIS YEAR. AND WE BELIEVE THAT THAT NUMBER IS GOING -- IS GOING TO
CONTINUE TO INCREASE SO THAT WE WILL HAVE THE FUNDS AVAILABLE.
MR. SALKA: SO EVEN -- IF I MAY, EVEN WITH THE RATE
OF INFLATION AND SOMETHING THAT WAS SUPPOSED TO BE TRANSITORY, I THINK
MOST PEOPLE AGREE NOW PROBABLY WON'T BE, IT LOOKS LIKE IT'S HERE TO STAY
FOR AWHILE. LET'S ALL HOPE THAT THE ECONOMY GETS BETTER AS WE GET OUT OF
THE -- GET OUT OF THE -- THE PANDEMIC AND MALAISE THAT WE'VE BEEN IN,
HOPEFULLY THERE'LL BE BETTER SPENDING. BUT IT JUST SEEMS TO ME THAT AS
WE GO ALONG AND OUR RATE OF SPENDING GOES ALMOST BEYOND RATIONALE,
ARE WE GOING TO HAVE THAT POOL OF REVENUE TO BE ABLE TO PAY THE BILLS IN
FIVE YEARS, IN THREE YEARS. OF COURSE, WE DON'T HAVE A FINANCIAL PLAN
YET, BUT...
MS. WEINSTEIN: WELL, EVEN THOUGH THE FINANCIAL
PLAN AND WE DO -- THE GOVERNOR DOES SHOW HER PROJECTIONS AND WE ALSO
SHOW PROJECTED REVENUES GOING FORWARD, YEAR BY YEAR WE ALWAYS
REEVALUATE THE FINANCIAL PLAN AND IF THERE IS A DOWNTURN, YOU'RE RIGHT, I
DON'T HAVE A CRYSTAL BALL SO IF THERE IS A DOWNTURN NEXT YEAR, WE DON'T
THINK THEY'LL BE, BUT IF WE'RE WRONG THEN WHEN WE WORK ON NEXT YEAR'S
BUDGET IT WILL BE REFLECT THE FACT THAT WE BELIEVE THERE ARE LESS
REVENUES.
MR. SALKA: SO YOU CAN SAY WITH RELATIVE
CONFIDENCE THAT OVER THE NEXT THREE TO FIVE YEARS, NEW YORK STATE,
ALTHOUGH IT IS INCREASING ITS RATE OF SPENDING, SHOULD BE -- SHOULD BE
FINANCIALLY SOLVENT.
MS. WEINSTEIN: YES. I MEAN, WE PROJECT
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NYS ASSEMBLY MARCH 28, 2022
INCREASES, DRAMATIC INCREASES IN PERSONAL INCOME AS THE YEARS GO
FORWARD. SO WE WILL -- NEXT YEAR WE'LL SEE IF WE'RE RIGHT.
MR. SALKA: THANK YOU VERY MUCH, AND THANK YOU
FOR YOUR -- THANK YOU FOR YOUR ANSWERS.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. SALKA: I THINK ONE OF THE THINGS THAT MOST
DISTURBS ME, AND I THINK WOULD PROBABLY DISTURB MOST OF MY
CONSTITUENTS IS THIS -- THIS 3.7 PERCENT VOTER INPUT, IF YOU WILL, ON
MONUMENTAL AMOUNTS OF DEBT. AND I PLAN ON BRINGING THIS BACK TO MY
CONSTITUENTS AND, AS WE SHOULD BE AS LEGISLATORS, INFORMING OUR
RESIDENTS, OUR CITIZENS, OUR CONSTITUENTS, AS TO WHAT'S GOING ON WITH
THEIR TAX MONEY, THE TAX MONEY THAT THEY ONLY HAVE A 3.7 PERCENT INPUT
ON. AND I THINK THAT'S VERY DISTURBING. I THINK THAT THERE'S AN EXTREME
LACK OF TRANSPARENCY IN THIS BUDGET PROCESS. WE KNOW WHAT'S GOING TO
HAPPEN AT THE END OF THE WEEK IS THERE'LL BE AN ALL-NIGHT RALLY, AN
ALL-NIGHT VIGILANCE, IF YOU WILL, ON TRYING TO KEEP TRACK OF THE BILLIONS
AND BILLIONS OF DOLLARS OF SPENDING, AGAIN, WITH ONLY 3.7 PERCENT OF
VOTER INPUT.
SO I DON'T QUITE SHARE THE -- THE -- THE -- THE ROSY
PICTURE OR AT LEAST THE OPTIMISM THAT THE -- THE -- THE -- THE CHAIR OF THE
WAYS AND MEANS COMMITTEE. I THINK WE'RE IN TROUBLE. I THINK THAT THIS
STATE IS IN BIG TROUBLE. I THINK WE'RE SPENDING OURSELVES INTO OBLIVION.
AND ABOUT THREE YEARS AGO WHEN I WAS FIRST ELECTED, I SAID THAT WE'RE
SPENDING LIKE DRUNKEN SAILORS. WELL, WE'RE SPENDING LIKE INEBRIATED
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NYS ASSEMBLY MARCH 28, 2022
SAILORS NOW, AND IF WE KEEP ON SPENDING LIKE WE ARE, IF WE DON'T START
LOOKING AT EVERY SINGLE PENNY, AND I KNOW OUT OF $226 BILLION THAT'S A
MONUMENTAL TASK, BUT IF WE DON'T START LOOKING AT TAXPAYER'S MONEY AND
MAKING SURE THAT EACH AND EVERY CENT IS SPENT IN THE MOST PRODUCTIVE
MANNER, I'M AFRAID THE STATE IS GOING TO BE IN BIG TROUBLE IN NOT TOO
LONG FOR NOW. BUT THANK YOU, THANK YOU FOR YOUR TIME.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY BILL 9002. THIS IS A PARTY VOTE. ANY MEMBER
WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION
IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS
PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. THE
REPUBLICAN CONFERENCE IS GENERALLY OPPOSED TO THIS BUDGET BILL.
CERTAINLY THOSE WHO WISH TO VOTE IN FAVOR OF IT CAN DO SO ON THE FLOOR
OR BY CALLING THE MINORITY LEADER'S OFFICE. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE IS GENERALLY IN FAVOR OF THIS PIECE
OF LEGISLATION; HOWEVER, THERE MAY BE COLLEAGUES WHO WOULD CHOOSE TO
BE AN EXCEPTION. THEY SHOULD FEEL FREE TO CONTACT THE MAJORITY
LEADER'S OFFICE AND WE'LL BE HAPPY TO RECORD THEIR VOTE. THANK YOU,
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NYS ASSEMBLY MARCH 28, 2022
SIR.
ACTING SPEAKER AUBRY: THANK YOU, MA'AM.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF WE CAN
CONTINUE ON OUR A-CALENDAR AND GO TO RULES REPORT NO. 63 BY MR.
EPSTEIN, THAT'S ASSEMBLY NO. 6938-B.
ACTING SPEAKER AUBRY: THANK YOU. THE
CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A06938-B, RULES
REPORT NO. 63, EPSTEIN, SEAWRIGHT, STECK, BURDICK, DINOWITZ, CLARK,
MAGNARELLI, GONZÁLEZ-ROJAS, GOTTFRIED, KELLES, SIMON, ZINERMAN,
COLTON, RAMOS, FERNANDEZ, JACOBSON. AN ACT TO AMEND THE EDUCATION
LAW, IN RELATION TO PROHIBITING CERTAIN PRACTICES IN THE COLLECTION OF
STUDENT DEBT.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MR. EPSTEIN.
MEMBERS WILL BE AWARE THAT WE ARE ON DEBATE AND
THAT SUCH -- AS SO, CONVERSATIONS SHOULD BE ENDED WHILE WE'RE ON THE
FLOOR. IF YOU NEED TO CONVERSE WITH SOMEONE, TAKE IT OUTSIDE OF THE
CHAMBER, PLEASE. THANK YOU.
MR. EPSTEIN.
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NYS ASSEMBLY MARCH 28, 2022
MR. EPSTEIN: THANK YOU. THIS BILL WOULD PROHIBIT
INSTITUTIONS OF HIGHER EDUCATION, POST-SECONDARY SCHOOLS FROM
WITHHOLDING STUDENT'S TRANSCRIPTS BECAUSE THEY FAILED TO PAY TUITION OR
OTHER OUTSTANDING FEES SUCH AS LIBRARY FEES, PARKING FEES, OR ANY OTHER
FEES THAT THE INSTITUTION MIGHT CLAIM THE STUDENT OWES.
ACTING SPEAKER AUBRY: MR. WALCZYK.
MR. WALCZYK: THANK YOU, MR. SPEAKER. I
WONDER IF THE SPONSOR WOULD YIELD FOR SOME QUESTIONS?
ACTING SPEAKER AUBRY: MR. EPSTEIN, WILL YOU
YIELD?
MR. EPSTEIN: OF COURSE I WILL, MR. SPEAKER.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS,
SIR.
MR. WALCZYK: THANK YOU. THROUGH YOU, MR.
SPEAKER, I'M LOOKING AT LINE 7 HERE IN THE BILL LANGUAGE AND I'M
WONDERING IF YOU CAN HELP ME OUT WITH THE -- THE DEFINITION. WE SAY
NO DEGREE GRANTING INSTITUTION OR LICENSED PRIVATE CAREER SCHOOL; WHAT'S
THE DEFINITION OF A LICENSED PRIVATE CAREER SCHOOL?
MR. EPSTEIN: A SCHOOL THAT'S BEING LICENSED BY THE
STATE OF NEW YORK.
MR. WALCZYK: EVERY SINGLE SCHOOL THAT IS
LICENSED BY THE STATE OF NEW YORK?
MR. EPSTEIN: MOST SECONDARY SCHOOLS, RIGHT.
MR. WALCZYK: OKAY. SO THIS -- THIS INCLUDES
EVEN YOUR TRACTOR TRAILER SCHOOL TO GET A COMMERCIAL DRIVER'S LICENSE,
65
NYS ASSEMBLY MARCH 28, 2022
FOR EXAMPLE.
MR. EPSTEIN: AS LONG AS THEY GIVE A CERTIFICATE
LEADING TO A CAREER, YEAH, IT WOULD INCLUDE THEM.
MR. WALCZYK: OKAY. WOULD THIS INCLUDE TRADE
SCHOOLS, FOR EXAMPLE, THAT ARE LICENSED BY THE STATE OF NEW YORK?
MR. EPSTEIN: SO IS IT A TRADE THAT LEADS TO A CAREER?
OF COURSE, THE SAME CATEGORY.
MR. WALCZYK: THANK YOU, APPRECIATE THE
CLARIFICATION. AND THROUGH YOU, MR. SPEAKER, IF THE SPONSOR WOULD
CONTINUE TO YIELD?
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. WALCZYK: WHEN THE -- WHEN THE BILL SAYS
SCHOOLS CANNOT PROVIDE LESS FAVORABLE TREATMENT OF A TRANSCRIPT REQUEST,
WHAT EXACTLY DOES THAT MEAN?
MR. EPSTEIN: SO THE SAME AMOUNT OF TIME, LIKE
SOME SCHOOLS WOULD SAY IT TAKES YOU TWO WEEKS TO GET A TRANSCRIPT, WE
WANT TO MAKE SURE IT TAKES THE SAME TIME FRAME FOR PEOPLE WHO HAVE
OUTSTANDING ALLEGED ARREARS VERSUS PEOPLE WHO DON'T. WE WANT TO TREAT
PEOPLE SIMILARLY SITUATED.
MR. WALCZYK: OKAY. SO IN THE -- IN THE
VIOLATIONS THAT I SEE THAT YOU'VE GOT HERE IN THE BILL, THERE COULD BE A
$500 PENALTY; IS THAT CORRECT?
MR. EPSTEIN: YEAH.
MR. WALCZYK: SO THAT MEANS IF A TRANSCRIPT IS
DELAYED TO A STUDENT THAT HASN'T YET PAID THE TUITION FOR THIS INSTITUTION,
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NYS ASSEMBLY MARCH 28, 2022
IT'S DELAYED BECAUSE OF SOME ADMINISTRATIVE OR CLERICAL THINGS, THE
INSTITUTION WOULD BE CHARGED $500 BECAUSE THAT COULD BE VIEWED AS
PROVIDING LESS FAVORABLE TREATMENT OF A TRANSCRIPT REQUEST?
MR. EPSTEIN: ARE YOU SAYING THIS WAS
INTENTIONALLY WITHHELD BECAUSE THEY WANTED TO PUNISH THE STUDENT FOR
WITHHOLDING -- OR NOT PAYING SOME FEES?
MR. WALCZYK: EITHER -- YEAH, SURE, I MEAN,
INTENTIONALLY OR BY -- BY BUREAUCRATIC PROCESSES IN SOME SCHOOLS.
MR. EPSTEIN: WELL, THOSE ARE TWO DIFFERENT THINGS.
INTENTIONAL IS INTENTIONAL AND --
MR. WALCZYK: OKAY.
MR. EPSTEIN: -- AND, YOU KNOW, DE MINIMIS
BECAUSE OF BUREAUCRATIC MISTAKES ARE DE MINIMIS BECAUSE OF
BUREAUCRATIC MISTAKES. IF IT'S INTENTIONAL, WE'RE ASKING THEM NOT TO DO
IT AND THERE'S A PUNISHMENT IF THEY DO. IF IT'S JUST A CLERICAL ERROR, THOSE
ARE CLERICAL ERRORS.
MR. WALCZYK: SO IF IT TAKES TWO WEEKS, IT TAKES
TWO WEEKS FOR EVERY STUDENT WHETHER THEY'VE PAID THEIR TUITION OR
WHETHER THEY'VE PAID ALL OF THEIR PARKING FEES OR NOT?
MR. EPSTEIN: THAT'S EXACTLY RIGHT. WE ARE TREATING
PEOPLE WHO HAVE ALLEGED ARREARS AND PEOPLE WHO DON'T THE SAME.
MR. WALCZYK: THANKS. IF YOU CONTINUE TO YIELD
THROUGH THE SPEAKER, HOW MANY VIOLATIONS DO YOU THINK THAT THERE ARE
CURRENTLY, HOW MANY VIOLATIONS OUT THERE IN THESE PRIVATE INSTITUTIONS?
MR. EPSTEIN: WHEN YOU SAY VIOLATIONS, WHAT DO
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NYS ASSEMBLY MARCH 28, 2022
YOU MEAN BY VIOLATIONS?
MR. WALCZYK: WELL, IF WE'RE TALKING ABOUT
PENALIZING INSTITUTIONS $500 FOR EACH VIOLATION, HOW MANY VIOLATIONS
DO YOU THINK THERE ARE CURRENTLY?
MR. EPSTEIN: WELL, WE DON'T -- THIS LAW DOESN'T --
THIS ISN'T LAW YET SO THERE AREN'T VIOLATIONS. ARE YOU ASKING ME HOW
MANY PEOPLE WERE HAVING THEIR TRANSCRIPTS WITHHELD BECAUSE OF ALLEGED
ARREARS?
MR. WALCZYK: SURE.
MR. EPSTEIN: WELL, I KNOW THE CITY OF UNIVERSITY
OF NEW YORK, CUNY, WE WERE WORKING WITH THEM AND THEY, IN
OCTOBER, REVERSED THEIR POLICY TO WITHHOLD STUDENT TRANSCRIPTS AND FROM
OCTOBER TO EARLY MARCH, THEY HAD RELEASED 6,000 TRANSCRIPTS THAT THEY
OTHERWISE WOULD HAVE WITHHELD BECAUSE OF THE REVERSE IN POLICY.
MR. WALCZYK: SO JUST IN THE CITY UNIVERSITY OF
NEW YORK, THERE WERE 6,000 FORMER STUDENTS WHO HAVE THEIR
TRANSCRIPTS WITHHELD BECAUSE THEY HADN'T PAID EITHER PARKING FEES OR
THEIR TUITION OR A COMBINATION OF THESE THINGS?
MR. EPSTEIN: OR THEY MISSED A LATE BOOK FEE FOR
$10 BUCKS.
MR. WALCZYK: RIGHT, BUT THROUGH THE SPEAKER,
THIS BILL EXPANDS THAT SCOPE TO PRIVATE INSTITUTIONS, CORRECT?
MR. EPSTEIN: IT EXPANDS IT TO ALL INSTITUTIONS IN OUR
STATE.
MR. WALCZYK: SO I GUESS THE SAME QUESTION
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NYS ASSEMBLY MARCH 28, 2022
WOULD BE HOW MANY STUDENTS DO WE THINK ARE IN THAT SITUATION IN THE
PRIVATE INSTITUTIONS THEY --
MR. EPSTEIN: I DON'T REALLY KNOW. I DON'T HAVE A
GUESS OF HOW MANY PEOPLE AND INSTITUTIONS OWE A $10 LATE FEE OR HAVE
SOME ARREARS ON TUITION. WHAT I DO KNOW THAT THIS DISPROPORTIONATELY
IMPACTS LOWER-INCOME STUDENTS AND DISPROPORTIONATELY IMPACTS BLACK
AND LATINO STUDENTS. THIS DISPROPORTIONATELY IMPACTS PEOPLE WHO
COULD BE ADVANCED IF THEY WERE GIVEN THEIR TRANSCRIPTS. PEOPLE CAN'T GO
TO GRAD SCHOOL, CAN'T GET THE JOB THAT THEY WANT. THIS IS PROHIBITING
PEOPLE FROM ADVANCING IN THEIR CAREERS AND THAT'S WHAT WHY WE'RE
TRYING TO MOVE THIS FORWARD.
MR. WALCZYK: HOW MANY?
MR. EPSTEIN: WE KNOW FROM OCTOBER TO MARCH,
6,000 AT CUNY.
MR. WALCZYK: RIGHT.
MR. EPSTEIN: BUT WE HAVE NO IDEA AT SUNY HOW
MANY THAT NUMBER IS. SUNY JUST EARLIER THIS YEAR REVERSED THEIR
POSITION, AND ALL THE PRIVATE INSTITUTIONS, YOU KNOW, WE HAVE, YOU
KNOW, TWO -- ROUGHLY TWO MILLION STUDENTS IN HIGHER EDUCATION
INSTITUTIONS AROUND THE STATE, SO I DON'T KNOW HOW MANY PEOPLE HAVE
WITH FEES, BUT WE CAN EXTRAPOLATE THAT THERE'S GOING TO BE THOUSANDS OR
TENS OF THOUSANDS OF STUDENTS.
MR. WALCZYK: OKAY. AND IF THERE'S TENS OF --
LET'S SAY YOU DON'T GET A GREAT LEVEL OF COMPLIANCE OR YOU GET MANY
VIOLATIONS FROM PRIVATE INSTITUTIONS THAT DECIDE THAT THE $500 FEE IS NOT
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NYS ASSEMBLY MARCH 28, 2022
-- NOT REALLY TOO LARGE OF A MOUNTAIN TO CLIMB WHEN THEY'VE GOT, YOU
KNOW, TENS OF THOUSANDS OF DOLLARS SOMETIMES IN DEBT THAT ARE
WITHSTANDING A STUDENT. IF THE COLLEGES ARE CHARGED THESE PENALTIES,
WHO ULTIMATELY IS GOING TO PAY THAT BILL?
MR. EPSTEIN: WHO PAYS THE PENALTY? THE COLLEGE.
MR. WALCZYK: RIGHT.
MR. EPSTEIN: AND IF IT'S A NON-PROFIT INSTITUTION,
THAT MIGHT BE ADDED TO THEIR OPERATING COST. IF IT'S A FOR-PROFIT
INSTITUTION, YOU KNOW, FOR-PROFIT INSTITUTIONS ACT IN A CERTAIN WAY, AS
WELL. AND IN THE END, IF THERE'S SUBSTANTIAL NONCOMPLIANCE, THAT'S GOING
TO HAVE TO BE A CONVERSATION. OUR EXPECTATION IS SCHOOLS ARE GOING TO
COMPLY BECAUSE MOST PEOPLE COMPLY WITH THE LAW, AND THESE ARE
NON-PROFIT INSTITUTIONS THAT HAVE STAFF WHOSE JOB IT WILL BE TO COMPLY
WITH THE LAW.
MR. WALCZYK: IN YOUR CONVERSATIONS WITH THESE
PRIVATE INSTITUTIONS AS YOU WERE CRAFTING THIS LEGISLATION, HOW MUCH
STAFF ADDITIONALLY IS GOING TO BE REQUIRED IN ORDER TO BE COMPLIANT?
MR. EPSTEIN: WELL, MY CONVERSATIONS WAS THAT
THERE WASN'T GOING TO BE A REQUIREMENT TO STAFF. THE QUESTION THEY HAD
WAS CAN THEY HAVE OTHER TOOLS IN THEIR TOOL BELT TO ENSURE THAT THEY CAN
HAVE CONVERSATIONS WITH STUDENTS WHO MAY HAVE SOME ARREARS.
MR. WALCZYK: AND I NOTE IN THE LAST PROVISION
HERE I'D JUST LIKE TO CHAT ABOUT FOR A SECOND, THROUGH THE SPEAKER,
STUDENTS WHO HAVE THEIR TRANSCRIPTS WITHHELD UNDER THIS LAW WILL BE
ABLE TO SUE THE INSTITUTION; IS THAT CORRECT?
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NYS ASSEMBLY MARCH 28, 2022
MR. EPSTEIN: STUDENTS WHO HAVE THEIR TRANSCRIPT
WITHHELD UNDER THIS LAW, YOU'RE ASKING ME IF A STUDENT IS -- SEEKS THEIR
TRANSCRIPT AND THEY ARE BEING DENIED BY THE INSTITUTION, WHAT REMEDIES
THEY HAVE AVAILABLE TO THEM?
MR. WALCZYK: YEAH, SPECIFICALLY MAYBE YOU --
MAYBE YOU COULD JUST FILL ME IN ON THIS PARAGRAPH: "IN ADDITION TO THE
RIGHT OF ACTION GUARANTEED TO THE SUPERINTENDENT OF FINANCIAL SERVICES,
PURSUANT TO THIS SECTION, ANY PERSON WHO HAS BEEN INJURED BY REASON OR
ANY VIOLATION OF THE SECTION MAY BRING AN ACTION IN THEIR OWN NAME TO
ENJOIN SUCH UNLAWFUL ACT OF PRACTICE. THE COURT MAY, IN ITS DISCRETION,
AWARD REASONABLE ATTORNEYS' FEES TO THE PREVAILING PLAINTIFF."
MR. EPSTEIN: SO YOUR QUESTION IS WHAT RECOURSE
STUDENTS HAVE WHO ARE HAVING THEIR TRANSCRIPTS WITHHELD?
MR. WALCZYK: SURE.
MR. EPSTEIN: YEAH, SO AS I MENTIONED, THE FIRST
WOULD BE TO REQUEST THAT THEY RELEASE THE TRANSCRIPT. THEY CAN ASK
THEM TO COMPLY WITH -- IF THIS PASSES IN BOTH HOUSES AND THE GOVERNOR
SIGNS IT, ASK THEM TO COMPLY WITH THE LAW. IF THEY FAIL TO COMPLY WITH
THE LAW, THERE'S A PENALTY PROVISION IN THE STATUTE AND IF THEY HAVE TO
THEN -- IF THEY CAN'T GET COMPLIANCE WITH THE LAW, THEY CAN BRING A
PROCEEDING TO ENFORCE THE COMPLIANCE AND POTENTIALLY, IF THEY'RE A
PREVAILING PARTY, GET ATTORNEYS' FEES.
MR. WALCZYK: OKAY. YEAH, I NOTICED THE JUDGE
CAN AWARD ATTORNEYS' FEES, COULD THE JUDGE AWARD ATTORNEYS' FEES TO THE
INSTITUTION IF THE JUDGE FINDS IN THE OTHER WAY?
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NYS ASSEMBLY MARCH 28, 2022
MR. EPSTEIN: YOU'RE SAYING IF THEY'RE THE PLAINTIFF?
IF THE INSTITUTION'S THE PLAINTIFF?
MR. WALCZYK: RIGHT.
MR. EPSTEIN: WELL, THE INSTITUTION IS UNLIKELY TO BE
SUING THE STUDENT FOR WITHHOLDING TRANSCRIPTS FROM THE PLAINTIFF.
MR. WALCZYK: NO, I'M SORRY, IF THE INSTITUTION IS
BEING SUED.
MR. EPSTEIN: SO THEY'RE NOT THE PLAINTIFF IN THE
ACTION, SO THEY'RE NOT GOING TO BE ENTITLED TO ATTORNEYS' FEES.
MR. WALCZYK: OKAY. SO THERE'S NO SCENARIO HERE
WHERE THE -- WHERE THE SCHOOL COULD BE AWARDED ATTORNEYS' FEES
THROUGH THE COURT?
MR. EPSTEIN: NOT BASED ON THIS STATUTE AS WRITTEN.
MR. WALCZYK: OKAY.
MR. EPSTEIN: THE BILL AS WRITTEN, SORRY.
MR. WALCZYK: DOES THIS -- YOU KNOW, SOME
CRITICS MIGHT LOOK AT THIS PIECE OF LEGISLATION AND SAY, YOU KNOW,
STUDENTS SHOULD BE PAYING THEIR TUITION. IF WE GIVE THEM THEIR
TRANSCRIPT OR THEIR DIPLOMA WHEN THEY HAVEN'T PAID THAT DEBT, THIS
ESSENTIALLY CANCELS STUDENT DEBT; WOULD YOU -- WOULD QUANTIFY IT THAT
WAY?
MR. EPSTEIN: I ABSOLUTELY DO NOT THINK THAT'S THIS AT
ALL. I THINK THIS IS FAR FROM IT. THIS IS SAYING THAT A STUDENT ALLEGEDLY
OWES SOME MONEY, WE DON'T KNOW IF IT'S $10 OR $10,000, AN INSTITUTION
SEEKS TO COLLECT IT AND THEY HAVE ALL THEIR RIGHTS AND REMEDIES UNDER
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NYS ASSEMBLY MARCH 28, 2022
LAW TO COLLECT THAT DEBT, WHETHER THEY GO TO COURT, WHETHER THEY HAVE
OTHER MEANS TO COLLECT THAT DEBT. THAT IS STILL COLLECTABLE, BUT IN THE
INTERIM THAT THE STUDENT SHOULD BE ABLE TO CONTINUE TO GET THEIR
TRANSCRIPT. THIS DOES NOT ABSOLVE THE STUDENT FROM OWING THE MONEY IF
THEY DO OWE THE MONEY. IT DOES NOT SAY THAT THEY DON'T HAVE TO PAY THE
MONEY BECAUSE IF THEY OWE IT, THEY HAVE TO PAY IT. ALL THIS IS SAYING IS
LET THAT STUDENT CONTINUE TO ADVANCE IN THEIR EDUCATION AND GET THE JOB
THAT THEY NEED, GET THE GRAD SCHOOL PROGRAM THEY NEED TO GO TO, MAYBE
TRANSFER IF THEY NEED TO. THE TRANSCRIPT SHOULD NOT BE THE REASON THAT
THE STUDENT GETS HELD UP. LET THE TRANSCRIPT GO FORWARD AND FIGURE OUT
THE FINANCIAL SITUATION WHEN YOU FIGURE OUT THE FINANCIAL SITUATION,
EITHER IN NEGOTIATIONS, SOMETIMES ARBITRATION AND SOMETIMES LITIGATION.
LOTS OF TOOLS STILL AVAILABLE FOR THE COLLEGES THAT THEY ALREADY HAVE IN
THEIR TOOL BELT. THIS IS NOT A NECESSARY VEHICLE TO STOP A STUDENT FROM
GETTING THE ADVANCEMENT THAT THEY NEED.
MR. WALCZYK: IS THERE -- THROUGH YOU, MR.
SPEAKER, IS THERE ANYTHING THAT PROHIBITS A COMPASSIONATE RELEASE FROM
A PRIVATE INSTITUTION OF A TRANSCRIPT OR A DIPLOMA TO THE STUDENT EVEN IF
THEY HAVEN'T PAID ALL OF THEIR DEBT TO THE SCHOOL OR INSTITUTION?
MR. EPSTEIN: ARE YOU ASKING IF UNDER CURRENT LAW?
MR. WALCZYK: UNDER CURRENT LAW.
MR. EPSTEIN: UNDER CURRENT LAW, A SCHOOL CAN
PROVIDE A TRANSCRIPT ANY TIME THEY WANT, BUT THEY CAN ALSO WITHHOLD
TRANSCRIPTS ANY TIME THEY WANT. AND WE'RE SAYING HERE IS YOU CAN'T
WITHHOLD THOSE TRANSCRIPTS.
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NYS ASSEMBLY MARCH 28, 2022
MR. WALCZYK: WHY -- WHY GIVE THE TRANSCRIPT --
THROUGH THE SPEAKER, WHY GIVE THE TRANSCRIPT DIRECTLY TO THE STUDENT
AND NOT THE PERSPECTIVE EMPLOYER IF THEY'RE SEEKING EMPLOYMENT?
MR. EPSTEIN: BECAUSE THE STUDENT TOOK CLASSES,
HAD A DEGREE, IF THEY HAVE A DEGREE, AND THEY NEED TO USE IT TO SHOW TO
THEIR EMPLOYER, TO TRANSFER, THE STUDENTS WORKED FOR THOSE GRADES, THE
STUDENT DID A LOT TO GET THOSE GRADES THAT THEY -- THEY ARE ENTITLED TO BE
ABLE TO SHOW THAT THEY DID THAT. WE DON'T WANT TO BE ABLE TO HOLD
PEOPLE UP JUST BECAUSE AN INSTITUTION THINKS THINGS ARE OUTSTANDING.
AND WHETHER IT'S TRUE OR NOT, WHETHER THAT IS -- THAT $10 LIBRARY FEE, AND
I KEEP SAYING THAT BECAUSE WHEN I GRADUATED FROM COLLEGE I WAS TOLD I
OWED A $10 LIBRARY FEE. YOU KNOW, AND SO $10 MAY NOT BE A LOT FOR
SOME PEOPLE, $10 FOR OTHER PEOPLE IS A TREMENDOUS AMOUNT. AND SO
THOSE ARE -- THAT STUDENT EARNED THAT, THEY SHOULD BE ENTITLED TO GET THAT
TRANSCRIPT SO THEY CAN PROCEED WITH THEIR LIVES. AND MANY PLACES, GRAD
SCHOOL, CAREERS REQUIRED TO PROVE THE TRANSCRIPT TO BE ABLE TO GET THE JOB
OR GET THE HIGHER EDUCATION YOU NEED.
MR. WALCZYK: THANK YOU.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. WALCZYK: SO IN A TIME WHERE STUDENT DEBT IS
ON THE RISE AND HIGHER EDUCATION INSTITUTIONS ARE FIGHTING THE TUITION
INCREASES THAT CONTINUE TO GO UP, ENROLLMENT IS DOWN, PRIVATE
INSTITUTIONS ARE STILL REELING IN RECOVERING FROM THE SHUTDOWNS. I
WOULDN'T SAY THAT THIS IS THE TIME TO TELL STUDENTS THAT IT'S NOT OKAY TO
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NYS ASSEMBLY MARCH 28, 2022
PAY YOUR TUITION BILL, THAT YOU STILL GET THE SAME BENEFITS THAT ANYONE
WHO FULLY PAID THEIR TUITION, MANY WORKING THEIR WAY THROUGH SCHOOL TO
MAKE SURE THAT EACH ONE OF THOSE BILLS WAS PAID ON TIME. I DON'T THINK
THE RIGHT THING TO COMMUNICATE, ESPECIALLY WHEN WE CONSIDER ABOUT THE
-- THE VALUE OF OUR EDUCATION. WE SHOULD FOCUS ON LOWERING THE COST OF
EDUCATION OVERALL. WHAT THIS ACTUALLY DOES IS IT APPLIES ADDITIONAL
PENALTIES, POTENTIALLY, TO INSTITUTIONS THAT ARE LITERALLY JUST SAYING, CAN
YOU PAY US FOR WHAT YOU SAID HAD VALUE. THE IDEA WAS YOU'RE GOING TO
GO TO SCHOOL, YOU'RE GOING TO PAY US FOR THE EDUCATION THAT HAS GREAT
VALUE, THAT'S WHAT THAT PIECE OF PAPER THAT WE'LL HAND TO YOU ON THE
STAGE ALL ROLLED UP, YOU'LL PUT IN A FRAME AND PROBABLY PAY EXTRA AFTER --
AFTER GRADUATION TO GET IT IN YOUR INSTITUTION'S FRAME, BECAUSE YOU KNOW
THAT THAT THING HAS VALUE. IT ONLY HAS VALUE BECAUSE PEOPLE PAY FOR IT.
SO IF WE TELL PEOPLE THAT THEY NO LONGER HAVE TO PAY FOR THIS THING, THEN
WHAT'S THE VALUE OF IT? THAT'S A RHETORICAL QUESTION.
IMAGINE IF WE SAID, AND I UNDERSTAND THE CATCH 22,
YOU NEED A TRANSCRIPT IN ORDER TO GET A GOOD JOB. WELL, THE SPONSOR
DIDN'T BRING A BILL FORWARD TODAY THAT SAID WE'RE GOING TO FORCE
INSTITUTIONS AT THE REQUEST OF AN EMPLOYER TO SEND A TRANSCRIPT DIRECTLY
TO THAT EMPLOYER TO SHOW, ALL RIGHT, THIS STUDENT HAS ACTUALLY MET ALL THE
QUALIFICATIONS. NO, THIS BILL INSTEAD SAYS WE'RE GOING TO GIVE THAT
BENEFIT DIRECTLY TO THE STUDENT, THE STUDENT THAT HAD THAT CONTRACT, THAT
WENT TO THAT SCHOOL FOR WHATEVER PERIOD OF TIME, SAID THAT THEY WOULD
PAY THESE BILLS, DIDN'T PAY THE BILLS, HAS NOT TECHNICALLY EARNED THAT
TRANSCRIPT BECAUSE THEY HAVEN'T LIVED UP TO THEIR PART OF THE BARGAIN YET.
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NYS ASSEMBLY MARCH 28, 2022
IMAGINE IF WE APPLIED THIS TO CAR PAYMENTS. WELL,
YOU NEED A CAR IN ORDER TO GET TO YOUR JOB, RIGHT? WELL, WHAT HAPPENS
WHEN YOU STOP PAYING THE BANK FOR THE PLEASURE OF DRIVING THAT CAR?
THEY REPOSSESS IT. NOW, THIS BODY COULD PUT A BILL FORWARD THAT SAYS
BUT HOW CAN SOMEONE PAY THE CAR PAYMENT IF THEY CAN'T GET TO THE JOB?
I MEAN, I GOT IT. TRANSPORTATION TO WORK, ESPECIALLY IN RURAL AREAS LIKE
THE ONE THAT I REPRESENT, A HUGE ISSUE IN THE BRIDGE OUT OF POVERTY. BUT
WE DON'T PUT A BILL ON THIS FLOOR THAT SAYS IF YOU DON'T PAY YOUR CAR
PAYMENTS ANYMORE, WE'LL TAKE OF YOU, YOU JUST KEEP DRIVING THAT CAR.
CARS WOULD HAVE ZERO VALUE. THEY WOULD HAVE NO VALUE. WE WOULD
SAY, WELL, CONGRATULATIONS, CARS ARE NOW FREE BECAUSE --
(BUZZER GOING OFF)
WELL, MR. SPEAKER, I THINK I MADE MY POINT. I WILL
VOTE NO ON THIS BECAUSE I THINK THE DEGREE THAT WE PUT ON OUR WALL HAS
GREAT VALUE AND SHOULD CONTINUE TO HAVE GREAT VALUE.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 30TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 6938-B. THIS IS A PARTY VOTE. ANY
MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE
POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE
NUMBERS PREVIOUSLY PROVIDED.
MR. GOODELL.
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NYS ASSEMBLY MARCH 28, 2022
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION FOR THE REASONS MY
COLLEAGUES MENTIONED; HOWEVER, IF YOU WANT TO VOTE IN FAVOR OF IT, MY
COLLEAGUES ARE ENCOURAGED TO VOTE YES ON THE FLOOR OF THE ASSEMBLY OR
CALL THE MINORITY LEADER'S OFFICE AND ADVISE THEM. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, THIS IS
GENERALLY GOING TO BE A PIECE THAT THE MAJORITY WOULD BE IN FAVOR OF;
HOWEVER, THERE MAY BE A FEW COLLEAGUES THAT WOULD CHOOSE TO BE AN
EXCEPTION. THEY SHOULD FEEL FREE TO CONTACT THE MAJORITY LEADER'S
OFFICE, WE'LL BE PLEASED TO RECORD THEIR VOTE. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, MRS.
PEOPLE-STOKES.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: YES, THANK YOU, SIR. EVERYONE HERE
WANTS TO HAVE STUDENTS HAVE THE LOWEST TUITION POSSIBLE, AND WE WANT
STUDENTS TO HAVE A GOOD EXPERIENCE IN COLLEGE AND COME OUT BEING
BETTER CITIZENS AND BETTER ADULTS. SO WHEN WE SAY TO A STUDENT, YOU CAN
IGNORE YOUR CONTRACTUAL OBLIGATION AND YOU DON'T HAVE TO PAY THE
COLLEGE, BUT YOU GET ALL THE BENEFITS, IT DOES TWO THINGS: IT RAISES COSTS
TO EVERY OTHER STUDENT BECAUSE THE INSTITUTION HAS TO MAKE UP FOR THE
LOSS OF REVENUE, AND THAT'S UNFAIR TO ALL THE STUDENTS AND RESULTS IN
HIGHER TUITION, WHICH IS EXACTLY WHAT WE DON'T WANT. AND THE SECOND
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NYS ASSEMBLY MARCH 28, 2022
PROBLEM IS IT SETS A REALLY BAD EXAMPLE. IT SAYS, YOU SIGNED A CONTRACT,
YOU BROKE THE CONTRACT, NOW YOU CAN SUE THE INSTITUTION EVEN THOUGH
YOU BROKE THE CONTRACT. AND THAT'S NOT REALLY THE RIGHT MESSAGE I DON'T
THINK. I THINK WE WANT TO SAY TO ALL OF OUR STUDENTS, WHEN YOU SIGN A
CONTRACT, IT'S A SERIOUS THING, WE EXPECT YOU TO COMPLY.
AND THEN AT LAST I WOULD MENTION, THIS BILL SAYS THAT
JUST ONE OF THOSE QUIRKY THINGS THAT HAPPENS, YOU CAN'T REFUSE A
TRANSCRIPT BECAUSE THEY HAVEN'T PAID A BILL, BUT YOU CAN BILL THEM FOR
THE TRANSCRIPT. DOES THAT MEAN YOU DON'T HAVE TO GIVE THEM THE
TRANSCRIPT IF THEY DON'T PAY THE BILL FOR THE TRANSCRIPT? AND WHY IS IT
YOU CAN BILL THEM FOR THE TRANSCRIPT BUT YOU CAN'T BILL THEM FOR THE
EDUCATION AS A CONDITION OF GETTING A TRANSCRIPT.
SO I APPRECIATE MY COLLEAGUE'S DESIRE, BUT I THINK IT'S
IMPORTANT THAT WE TRY TO KEEP TUITION AS LOW AS POSSIBLE FOR ALL THE
STUDENTS WHO ARE ACTING IN A THOUGHTFUL AND RESPONSIBLE MANNER, AND
TREAT EVERYONE AS FAIR AS WE CAN. THANK YOU, SIR.
ACTING SPEAKER AUBRY: MR. GOODELL IN THE
NEGATIVE.
MR. LAVINE.
MR. LAVINE: THANKS, MR. SPEAKER. I WANT TO
COMMEND THE SPONSOR. I THINK THAT THIS IS A VERY, VERY GOOD BILL. I ALSO
WANT TO COMMEND THE SPONSOR BECAUSE LAST MONTH THE CUNY BOARD OF
TRUSTEES DECIDED THAT IT WOULD -- THEY WOULD NO LONGER WITHHOLD
TRANSCRIPTS TO STUDENTS. AFTER ALL, THE TRANSCRIPTS ARE THE STUDENT'S
TRANSCRIPTS. NOW, I WANT TO MAKE JUST A COUPLE OF QUICK POINTS BEFORE I
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NYS ASSEMBLY MARCH 28, 2022
SAY THAT I'M VOTING IN FAVOR OF THIS -- THIS BILL. TO BEGIN WITH, NPR
REPORTS THAT THERE ARE OVER SIX MILLION PEOPLE IN THE UNITED STATES WHO
ARE HAVING TROUBLE OR IN DANGER OF NOT RECEIVING THEIR TRANSCRIPTS
BECAUSE THEY ARE CONSIDERED STILL IN DEBT TO THEIR COLLEGES AND, OF
COURSE, THIS ALSO INCLUDES THE PROPRIETARY COLLEGES AS I UNDERSTAND IT.
AND IT WOULD JUST SHOCK ME TO NO END TO KNOW THAT CERTAIN PROPRIETARY
COLLEGES ARE REFUSING TO RELEASE TRANSCRIPTS TO STUDENTS FOR ANY NUMBER
OF REASONS, BUT THAT'S REALLY BESIDE THE POINT. IT'S OVER SIX MILLION
PEOPLE. THIS INABILITY FOR PEOPLE TO BE ABLE TO GET WORK FOR WHICH THEY
NEED THEIR TRANSCRIPTS IS A DRAG ON OUR ECONOMY, OUR NATIONAL AND STATE
ECONOMY AND WE DON'T NEED THAT AT THE PRESENT TIME. WE DON'T NEED
ANYTHING THAT'S GOING TO STUNT OUR ECONOMIC GROWTH.
SO TO ME, FINALLY, AND I DON'T KNOW WHAT THE LAW IS ON
THIS, BUT WE HAD A DISCUSSION A FEW DAYS AGO ABOUT LAWYER'S FILES.
NOW, WHEN I PRACTICED LAW, ALMOST EVERY ONE OF MY CLIENTS OWED ME
MONEY IN SOME WAY OR ANOTHER, BUT NEVER ONCE WOULD IT EVER HAVE
CROSSED MY MIND NOT TO GIVE THEM THEIR FILES, THEIR RECORDS, IF THEY
OWED ME MONEY, NEVER ONCE BECAUSE THAT'S THEIR FILE. IN MANY -- AND
IT'S VERY MUCH THE SAME TRUE -- BEING TRUE WITH MEDICAL RECORDS. WELL,
I DON'T SEE WHY STUDENTS OR FORMER STUDENTS SHOULD BE PREJUDICED AND
DENIED THE RIGHT TO HAVE JOBS AND DENIED THE RIGHT AND OBLIGATION TO
CONTRIBUTE TO OUR ECONOMY. SO I'VE SAID ENOUGH, APPARENTLY. I'M
VOTING IN THE AFFIRMATIVE.
(LAUGHTER)
ACTING SPEAKER AUBRY: THANK YOU. MR.
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NYS ASSEMBLY MARCH 28, 2022
LAVINE IN THE AFFIRMATIVE.
MR. EPSTEIN TO EXPLAIN HIS VOTE.
MR. EPSTEIN: THANK YOU, MR. SPEAKER. I RISE TO
EXPLAIN MY VOTE. I WANT TO BE CLEAR, THIS HAS NOTHING TO DO WITH LOST
REVENUE. INSTITUTIONS OF HIGHER EDUCATION CONTINUE TO COLLECT THEIR
REVENUE. THEY WILL HAVE TOOLS IN THEIR TOOL BELT. AND I WOULD HOPE
THAT IN THIS BODY THAT WE CAN SEE IT LIKE FROM SOMEONE ELSE'S
PERSPECTIVE. NOT EVERYONE LIVES THE WAY WE LIVE OR GREW UP THE WAY
WE GREW UP, AND THIS IS AN OPPORTUNITY TO HELP SOMEONE WHO MAY BE
STRUGGLING A BIT, YOU KNOW, THEY MAYBE CAN'T PAY THAT LAST SEMESTER'S
WHATEVER THOSE DOLLARS ARE, BUT THAT TRANSCRIPT WILL TAKE THEM OUT OF
POVERTY, THAT TRANSCRIPT WILL HELP THEM MOVE FORWARD IN THEIR LIVES.
NOW AGAIN, THIS IS NOT ABOUT LEASING A CAR BECAUSE IF
YOU WERE LEASING A CAR AND YOU DIDN'T PAY YOUR PAYMENT, YOU WOULDN'T
BE ABLE TO KEEP THE CAR. IF YOU HAVE NOT PAID YOUR TUITION, YOU COULDN'T
GO BACK TO THE SCHOOL. SO THAT'S NOT A REAL RELEVANT EXAMPLE. THE
REALITY HERE, YOU KNOW, THIS IS AN ECONOMIC AND SOCIAL JUSTICE ISSUE FOR
OUR LOWER-INCOME NEW YORKERS. PEOPLE WANT TO PAY, THESE ARE PEOPLE
WHO CAN'T PAY. THESE ARE PEOPLE WHO, FOR WHATEVER REASON, COULDN'T
DO IT. THESE ARE PEOPLE WHO WANTED TO GO TO COLLEGE, WANTED TO GET
THEIR ADVANCEMENT, WANTED TO GET THEIR EDUCATION AND SOMETHING GOT IN
THEIR WAY. LIFE GOT IN THEIR WAY. AND WE WANT TO HELP THOSE FOLKS BE
ABLE TO CONTINUE, CONTINUE WITH THEIR EDUCATION, GET THOSE DEGREES THAT
THEY NEED AND MAKE THEIR LIVES BETTER BECAUSE THAT'S WHAT WE'RE HERE TO
DO. WE'RE HERE TO HELP LIFT PEOPLE UP.
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NYS ASSEMBLY MARCH 28, 2022
THANK YOU, MR. SPEAKER, AND THANK YOU FOR OUR
SPEAKER FOR ALLOWING US TO BRING THIS BILL TO THE FLOOR, AND I'LL BE VOTING
IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. EPSTEIN IN THE
AFFIRMATIVE.
MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. PLEASE
RECORD MY COLLEAGUES MR. BYRNE AND MR. SMITH IN THE AFFIRMATIVE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED, THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU
COULD PLEASE RECORD OUR COLLEAGUE MS. PHEFFER AMATO IN THE NEGATIVE
ON THIS PIECE.
ACTING SPEAKER AUBRY: SO NOTED, THANK YOU.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF WE COULD
CONTINUE OUR WORK, WE'RE GOING TO GO TO OUR MAIN CALENDAR AND
BEGINNING ON PAGE 4, WE'RE GOING TO START WITH CALENDAR NO. 495,
WHICH IS ASSEMBLY BILL NO. 1084 BY MS. PAULIN, AND WE SHOULD GO
STRAIGHT THROUGH TO PAGE 6 AT ASSEMBLY BILL NO. 9590, CALENDAR NO.
510 BY MRS. BARRETT. THANK YOU, SIR.
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NYS ASSEMBLY MARCH 28, 2022
ACTING SPEAKER AUBRY: THANK YOU, MRS.
PEOPLES-STOKES.
PAGE 4, MAIN CALENDAR, 495, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A01084-A, CALENDAR
NO. 495, PAULIN. AN ACT TO AMEND THE ELECTION LAW, IN RELATION TO
BALLOTS SUBMITTED IN ENVELOPES THAT ARE SEALED WITH TAPE, PASTE OR ANY
OTHER BINDING AGENT OR DEVICE AND HAVE NO INDICATION OF TAMPERING.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A01430, CALENDAR NO.
496, DINOWITZ, ABINANTI, WEPRIN, COLTON, SEAWRIGHT. AN ACT TO
AMEND THE JUDICIARY LAW AND THE LABOR LAW, IN RELATION TO CREATING
ADDITIONAL REMEDIES FOR UNLAWFUL DISCHARGE, PENALTY OR DISCRIMINATION
ON ACCOUNT OF THE EXERCISE OF A JUROR'S RIGHT TO BE ABSENT FROM
EMPLOYMENT FOR JURY DUTY.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A02549, CALENDAR NO.
497, FAHY, DINOWITZ, EPSTEIN, ABBATE, L. ROSENTHAL. AN ACT TO AMEND
THE SOCIAL SERVICES LAW, IN RELATION TO HOME VISITING SERVICES FOR
APPLICANTS FOR, OR RECIPIENTS OF, PUBLIC ASSISTANCE BENEFITS WHO ARE
EXEMPT FROM CERTAIN WORK ACTIVITIES.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A03308-B, CALENDAR
NO. 498, EPSTEIN, GALLAGHER, STECK, JACKSON, FORREST, BURDICK, CLARK,
MAGNARELLI, GOTTFRIED, ZINERMAN, COLTON, SEAWRIGHT, MAMDANI,
FERNANDEZ, FAHY. AN ACT TO AMEND THE EDUCATION LAW, IN RELATION TO
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NYS ASSEMBLY MARCH 28, 2022
REQUIRING DEGREE-GRANTING INSTITUTIONS OF HIGHER EDUCATION TO MAKE
CERTAIN BIENNIAL DISCLOSURES.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A05653-B, CALENDAR
NO. 499, L. ROSENTHAL, BARRETT, GOTTFRIED, EPSTEIN, WEPRIN,
GONZÁLEZ-ROJAS, SIMON, JACKSON, STERN, ENGLEBRIGHT, TAPIA, STIRPE,
SEAWRIGHT, DINOWITZ, BRONSON, KELLES, FAHY, SILLITTI, GRIFFIN, DAVILA,
BURKE, LAVINE, SANTABARBARA. AN ACT TO AMEND THE GENERAL BUSINESS
LAW, IN RELATION TO PROHIBITING THE SALE OF COSMETICS TESTED ON ANIMALS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A07754-C, CALENDAR
NO. 500, MCDONALD. AN ACT TO AMEND THE EDUCATION LAW, IN RELATION
TO THE PRACTICE OF DENTAL ASSISTING.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 7754-C. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED AS AN -- IN THE NEGATIVE IS
REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS
PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07994-A, CALENDAR
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NYS ASSEMBLY MARCH 28, 2022
NO. 501, CUSICK. AN ACT TO AMEND THE TRANSPORTATION LAW, IN RELATION
TO THE ENFORCEMENT OF PROVISIONS RELATING TO CERTIFICATION OF CARRIERS OF
HOUSEHOLD GOODS BY MOTOR VEHICLE.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 30TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 7994-A. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A08420, CALENDAR NO.
502, PAULIN, FAHY. AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW, IN
RELATION TO TIRE SAFETY.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A09118-A, CALENDAR
NO. 503, L. ROSENTHAL. AN ACT TO AMEND THE SOCIAL SERVICES LAW, IN
RELATION TO AUTHORIZING AND DIRECTING COUNTY PUBLIC WELFARE DISTRICTS TO
ACCEPT PAPERWORK ELECTRONICALLY.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A09133, CALENDAR NO.
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NYS ASSEMBLY MARCH 28, 2022
504, ABBATE. AN ACT TO AMEND THE CIVIL SERVICE LAW, IN RELATION TO THE
APPOINTMENT AND PROMOTION OF SUPERVISORS OF THE FIRE ALARM DISPATCHER
SERVICE.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 9133. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A09478-A, CALENDAR
NO. 505, LUPARDO. AN ACT TO AMEND THE EDUCATION LAW, IN RELATION TO
DENTAL HYGIENE PRACTICE AND LOCAL INFILTRATION ANESTHESIA AND NITROUS
OXIDE.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
LUPARDO, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 6694-B. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
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NYS ASSEMBLY MARCH 28, 2022
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A09508, CALENDAR NO.
506, WALKER. AN ACT TO AMEND THE ELECTION LAW, IN RELATION TO
REQUIRING THE BOARD OF ELECTIONS TO MAIL NOTICE OF ENSUING PRIMARY AND
GENERAL ELECTIONS AND REGISTRATION INFORMATION TO ACTIVE VOTERS BETWEEN
THE THIRD TUESDAY IN APRIL AND THE SECOND FRIDAY IN MAY EACH YEAR.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 9508. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A09510, CALENDAR NO.
507, CUSICK. AN ACT TO AMEND CHAPTER 306 OF THE LAWS OF 2011,
AUTHORIZING OWNERS OF RESIDENTIAL REAL PROPERTY IN HIGH RISK BRUSH FIRE
AREAS IN THE BOROUGH OF STATEN ISLAND TO CUT AND REMOVE REEDS FROM
THEIR PROPERTY, IN RELATION TO EXTENDING THE EXPIRATION AND REPEAL DATE
THEREOF FOR AN ADDITIONAL YEAR.
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NYS ASSEMBLY MARCH 28, 2022
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 9510. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A09584, CALENDAR NO.
508, ABBATE. AN ACT TO AMEND THE CIVIL SERVICE LAW, IN RELATION TO
TRANSFERS OF CIVIL SERVICE SECTIONS 55-B AND 55-C EMPLOYEES.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 9584. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A09589, CALENDAR NO.
509, GRIFFIN, THIELE. AN ACT TO AMEND CHAPTER 77 OF THE LAWS OF
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NYS ASSEMBLY MARCH 28, 2022
2010, AMENDING THE ENVIRONMENTAL CONSERVATION LAW AND THE PUBLIC
HEALTH LAW RELATING TO AN ENVIRONMENTAL FACILITY AND CANCER INCIDENCE
MAP, IN RELATION TO THE EFFECTIVENESS THEREOF.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 9589. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A09590, CALENDAR NO.
510, BARRETT. AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO
DIRECTING THE DIVISION OF VETERANS' SERVICES TO DEVELOP A VETERANS
MEMORIAL REGISTRY.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 365TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 9590. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
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NYS ASSEMBLY MARCH 28, 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: NO HOUSEKEEPING,
BUT NUMEROUS RESOLUTIONS. WE WILL HAVE A PRIVILEGED RESOLUTION, 701.
THE CLERK WILL READ.
THE CLERK: ASSEMBLY RESOLUTION NO. 701, MR.
LAWLER.
LEGISLATIVE RESOLUTION MOURNING THE DEATH OF POLICE
CHIEF KEVIN ARTHUR NULTY, COMMITTED LAW ENFORCEMENT OFFICER, FAMILY
MAN, AND DEVOTED MEMBER OF HIS COMMUNITY.
ACTING SPEAKER AUBRY: MR. LAWLER ON THE
RESOLUTION.
MR. LAWLER: THANK YOU, MR. SPEAKER. I'D LIKE TO
TAKE THIS MOMENT TO RECOGNIZE POLICE CHIEF KEVIN ARTHUR NULTY WHO
SERVED 43 YEARS ON THE ORANGETOWN POLICE DEPARTMENT, INCLUDING 23
YEARS AS CHIEF UNTIL HIS RETIREMENT IN 2019. I HAD THE GOOD FORTUNE OF
KNOWING CHIEF NULTY FOR ABOUT 30 YEARS AS HE AND MY DAD COACHED US
IN LITTLE LEAGUE WHEN I WAS -- WHEN I WAS YOUNG. I WENT TO SCHOOL
WITH ONE OF HIS SONS, AND CERTAINLY IN MY TIME AS DEPUTY TOWN
SUPERVISOR IN ORANGETOWN AND MY MANY YEARS LIVING IN ROCKLAND
COUNTY, I GOT TO SEE HIM IN ACTION AS POLICE CHIEF. HE WAS
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NYS ASSEMBLY MARCH 28, 2022
INSTRUMENTAL IN INSTALLING THE MANY PROGRAMS AND INITIATIVES IN THE
DEPARTMENT, AS WELL AS REALLY FOCUSING IN ON ENHANCING
POLICE-COMMUNITY RELATIONS, ESPECIALLY IN THE VILLAGE OF NYACK.
AND CHIEF NULTY WAS JUST A WONDERFUL MAN WHO WAS
WELL RESPECTED BY HIS PEERS, BY HIS COLLEAGUES, AND BY THE COMMUNITY.
HIS FAMILY, HIS WIFE, ANN, AND HIS THREE CHILDREN, GRACE, MATT AND
MICHAEL I KNOW WILL MISS HIM DEARLY, AS WILL OUR COMMUNITY. AND
CERTAINLY APPRECIATE THE INDULGENCE OF MY COLLEAGUES TO RECOGNIZE
CHIEF NULTY FOR HIS SERVICE TO OUR COMMUNITY AND WISH HIM GODSPEED.
THANK YOU.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NAY. THE RESOLUTION IS
ADOPTED.
MRS. PEOPLES-STOKES, WE HAVE SEVERAL OTHER FINE
RESOLUTIONS WHICH WILL TAKE UP WITH ONE VOTE. ON THE RESOLUTIONS, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED NO. THE RESOLUTIONS ARE
ADOPTED.
(WHEREUPON, ASSEMBLY RESOLUTION NOS. 700,
702-710 WERE UNANIMOUSLY APPROVED.)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I NOW
MOVE THAT THE ASSEMBLY STAND ADJOURNED UNTIL 1:00 P.M., TUESDAY,
MARCH THE 29TH, TOMORROW BEING A SESSION DAY.
ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS
ADJOURNED.
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NYS ASSEMBLY MARCH 28, 2022
(WHEREUPON, AT 5:30 P.M., THE ASSEMBLY STOOD
ADJOURNED UNTIL TUESDAY, MARCH 29TH AT 1:00 P.M., TUESDAY BEING A
SESSION DAY.)
91