MONDAY, MAY 1, 2023 1:30 P.M.

ACTING SPEAKER AUBRY: THE HOUSE WILL COME

TO ORDER.

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

SILENCE.

(WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)

VISITORS ARE INVITED TO JOIN THE MEMBERS IN THE PLEDGE

OF ALLEGIANCE.

(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND

MEMBERS IN THE PLEDGE OF ALLEGIANCE.)

A QUORUM BEING PRESENT, THE CLERK WILL READ THE

JOURNAL OF SUNDAY, APRIL 30TH.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. I MOVE TO DISPENSE WITH THE FURTHER READING OF THE JOURNAL

NYS ASSEMBLY MAY 1, 2023

AND -- OF SUNDAY, APRIL THE 30TH AND THAT THE SAME SHOULD STAND

APPROVED.

ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO

ORDERED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR. SPEAKER

AND COLLEAGUES THAT ARE IN THE CHAMBERS. I DO WANT TO SHARE A QUOTE

WITH YOU ALL TODAY. I KNOW MANY OF YOU ARE AVID BASEBALL FANS. I'M A

BIG FAN BUT NOT SO MUCH BASEBALL. BUT THIS QUOTE COMES FROM WADE

BOGGS. YOU PROBABLY KNOW HIM. HE IS AN AMERICAN FORMER

PROFESSIONAL THIRD BASEMAN. HE SPENT 18 SEASONS IN MAJOR LEAGUE

BASEBALL. PRIMARILY HE WAS WITH THE BOSTON RED SOX, BUT HE ALSO

PLAYED FOR THE NEW YORK YANKEES AND THE TAMPA BAY RED DEVILS

[SIC]. ON -- HE WON THE WORLD SERIES IN 1966 [SIC] WHEN HE WAS WITH

YANKEES WHEN THEY BEAT THE ATLANTA BRAVES. I ACTUALLY KIND OF SORT OF

REMEMBER THAT. A LOT OF PEOPLE WERE VERY EXCITED ABOUT THAT. HIS

WORDS FOR US TODAY, MR. SPEAKER, "A POSITIVE ATTITUDE CAUSES A CHAIN

REACTION OF POSITIVE THOUGHTS, EVENTS AND OUTCOMES. IT IS A CATALYST AND

IT SPARKS EXTRAORDINARY RESULTS." WE'RE GOING TO BE LOOKING FOR THOSE

EXTRAORDINARILY POSITIVE RESULTS TODAY AS WE BEGIN OUR WORK, MR.

SPEAKER.

COLLEAGUES HAVE ON THEIR DESK A MAIN CALENDAR.

AFTER ANY HOUSEKEEPING AND/OR INTRODUCTIONS, WE'RE GOING TAKE UP

RESOLUTIONS WHICH ARE ON PAGE 3. WE WILL THEN BE CALLING FOR THE

FOLLOWING COMMITTEES: WAYS AND MEANS AND RULES IN THE SPEAKER'S

NYS ASSEMBLY MAY 1, 2023

CONFERENCE ROOM. THOSE COMMITTEES ARE GOING TO PRODUCE AN

A-CALENDAR OF WHICH WE'RE GOING TO TAKE UP TODAY. IF THERE IS A NEED

FOR ADDITIONAL FLOOR ACTIVITY, MR. SPEAKER, I WILL ACKNOWLEDGE THAT AT

THAT POINT. HOWEVER, THAT'S THE GENERAL OUTLINE OF WHERE WE'RE GOING

TODAY. IF YOU HAVE HOUSEKEEPING OR INTRODUCTIONS, NOW WOULD BE A

GREAT TIME, SIR.

THANK YOU.

ACTING SPEAKER AUBRY: CERTAINLY, MRS.

PEOPLES-STOKES. WE DO HAVE A PIECE OF HOUSEKEEPING.

ON A MOTION BY MS. PAULIN, PAGE 22, CALENDAR NO.

142, BILL NO. A.5848-A, AMENDMENTS ARE RECEIVED AND ADOPTED.

FOR THE PURPOSES OF AN INTRODUCTION, MR. GIBBS.

MR. GIBBS: THANK YOU, MR. SPEAKER. I RISE TO

INTRODUCE AN EXCEPTIONAL FRIEND, HONORABLE SHAH A. ALLY. JUDGE SHAH

ALLY IS AN ELECTED CIVIL COURT JUDGE IN NEW YORK COUNTY. JUDGE ALLY

WAS ELECTED IN NOVEMBER OF 2018 AS THE ONLY CANDIDATE TO EVER BE

REPORTED AS MOST HIGHLY QUALIFIED FROM THREE SEPARATE SCREENING PANELS

IN ONE YEAR. JUDGE ALLY IS THE FIRST MUSLIM MALE JUDGE ELECTED IN NEW

YORK STATE HISTORY. JUDGE ALLY IS CURRENTLY THE SUPERVISING JUDGE TO

THE NEW YORK COUNTY CIVIL COURT, MAKING HIM THE FIRST SOUTH ASIAN

SUPERVISING JUDGE OR JUDGE IN ANY ADMINISTRATIVE ROLE IN NEW YORK

STATE HISTORY. JUDGE ALLY IS ALSO THE PRESIDENT OF THE ASIAN-AMERICAN

JUDGES ASSOCIATION OF NEW YORK, A STATEWIDE ASSOCIATION ADVOCATING

FOR THE INCLUSION AND ADVANCEMENT OF ASIAN-AMERICAN JUDGES IN OUR

STATE COURT SYSTEMS.

NYS ASSEMBLY MAY 1, 2023

FOR A DECADE PRIOR TO HIS TIME ON THE BENCH, JUDY ALLY

OPERATED HIS OWN LAW PRACTICE SPECIALIZING IN FAMILY COURT AND

CRIMINAL LAW. JUDGE ALLY WAS A MEMBER OF THE 18B PANEL, WHERE HE

PROVIDED INDIGENT LEGAL SERVICES TO LITIGANTS IN FAMILY, CRIMINAL AND

SUPREME COURTS, AND JUDGE ALLY IS A FIRM BELIEVER IN PUBLIC SERVICE AND

COMMUNITY SERVICE. HE WAS THE CHAIRMAN OF COMMUNITY BOARD 12,

WASHINGTON HEIGHTS AND INWOOD. JUDGE ALLY WAS ALSO APPOINTED

CHIEF JUDGE BY JANET DIFIORE AS THE COMMISSIONER TO THE FRANKLIN H.

WILLIAMS COMMISSION TO ADDRESS RACIALLY -- EQUALITY, EXCUSE ME, IN THE

COURT SYSTEM. JUDGE ALLY CURRENTLY SITS ON THE BOARD OF DIRECTORS OF

ROW NEW YORK AND THE FORT TRYON PARK TRUST WHERE HE IS THE

CHAIRPERSON OF THE DOG RUN COMMITTEE; HE'S ALSO THE MEMBER OF THIS

COMMITTEE. JUDGE ALLY ALSO RESIDES IN MANHATTAN WITH HIS WIFE, A

FAMILY COURT JUDGE; AND THEIR SON/PUPPY, MR. BEAR.

SO, MR. SPEAKER, I ASK THAT YOU'D PLEASE EXTEND THE

CORDIALITY TO MY DEAR FRIEND, JUDGE SHAH ALLY. THANK YOU.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. GIBBS, THE SPEAKER AND ALL THE MEMBERS, YOUR HONOR, WE

WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU THE

PRIVILEGES OF THE FLOOR. CONGRATULATIONS ON OBVIOUSLY A FRUITFUL AND

BENEFICIAL CAREER THAT YOU HAD AND CONTINUE TO HAVE. PLEASE KNOW THAT

YOU ARE ALWAYS WELCOME HERE. THANK YOU SO MUCH FOR THE SERVICE THAT

YOU'VE PROVIDED THIS STATE. THANK YOU.

(APPLAUSE)

MR. REILLY FOR THE PURPOSES OF AN INTRODUCTION.

NYS ASSEMBLY MAY 1, 2023

MR. REILLY: THANK YOU, MR. SPEAKER. ON BEHALF

MYSELF, MR. FALL, MR. PIROZZOLO AND MR. TANNOUSIS, I'D LIKE TO

INTRODUCE DONNY SWANSON AND STUDENTS AND STAFF FROM PATHWAYS TO

GRADUATION FROM THE NEW YORK CITY DEPARTMENT OF EDUCATION.

DONNY SWANSON IS NOT ONLY THE PRINCIPAL OF PATHWAYS TO GRADUATION,

HE IS A DEAR FRIEND OF MINE AND A DEAR FRIEND TO ALL FOUR OF US IN THE

EDUCATION SYSTEM. AND THE WORK THAT THEY HAVE DONE IN THEIR SHORT

EXISTENCE SINCE HE IS AT THE HELM IS NOTHING LESS THAN REMARKABLE. I'VE

SEEN THESE STUDENTS IN ACTION AND THEY'VE DONE SOME WONDERFUL WORK.

SO JUST TO GIVE YOU A LITTLE INSIGHT INTO WHAT PATHWAYS TO GRADUATION IS,

IT'S A PROGRAM WHERE STUDENTS CAN EARN THEIR HIGH SCHOOL EQUIVALENCY

DIPLOMA BY PREPARING FOR THE HIGH SCHOOL EQUIVALENCY EXAM. CLASSES

TAKE PLACE AT VARIOUS LOCATIONS ACROSS THE CITY AND ARE OPEN FOR

STUDENTS AGES 17 TO 21. PATHWAYS TO GRADUATION STATEN ISLAND HAS

IMPLEMENTED A PROGRAM WHERE STUDENTS WHO WERE CONSIDERED ALTERNATE

ACCESS -- ALTERNATE ASSESSMENT AND NOT ON TRACK TO RECEIVE A DIPLOMA

OPTION CAN NOW DO SO IN STATEN ISLAND THROUGH DISTRICT 79Z.

GRADUATION -- PATHWAYS TO GRADUATION STATEN ISLAND,

P2G-STATEN ISLAND, IS AN ALTERNATIVE LEARNING PROGRAM WITHIN THE NEW

YORK CITY DEPARTMENT OF EDUCATION THAT SERVES AS ONE OF FIVE

BOROUGH-BASED PROGRAMS WHICH COLLECTIVELY MAKE UP OUR CITYWIDE

PROGRAM, WHO TYPICALLY DID NOT FIND SUCCESS WITHIN THE TRADITIONAL

LEARNING ENVIRONMENT. MOREOVER, PATHWAYS TO GRADUATION WELCOMES

ALL STUDENTS, REGARDLESS OF THEIR CREDIT ACCUMULATION OR PREVIOUS

PARTICIPATION IN THE NEW YORK CITY SCHOOL SYSTEM. WE WELCOME,

NYS ASSEMBLY MAY 1, 2023

AFFIRM AND CELEBRATE THE BACKGROUND AND IDENTITIES OF OUR SCHOOL

COMMUNITY AS WE WORK TO LEVERAGE OPPORTUNITIES, SUPPORTS, THAT

PROMOTES SUCCESS WITHIN THE THREE DOMAINS OF TRANSITION PLANNING --

EDUCATION, EMPLOYMENT, INDEPENDENT LIVING -- AND PREPARING ALL

STUDENTS TO OBTAIN THEIR HSE DIPLOMA AND BEYOND.

TODAY IN ALBANY, THEY MET WITH THE -- THE CHIEF

DISABILITY OFFICER WITH THE GOVERNOR'S OFFICE, AND THEY WERE PLEADING

THEIR CASE OF HOW GOOD THIS PROGRAM IS AND ALL THE SUCCESS THAT THEY

CAN DO FOR NOT ONLY THEMSELVES, BUT FOR OUR COMMUNITY AS A WHOLE.

SO PLEASE, MR. SPEAKER, WELCOME THEM TO THE

ASSEMBLY FLOOR AND GIVE THEM THE MOST -- UTMOST RESPECT THAT THEY

DESERVE. THANK YOU.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. REILLY AND THE ENTIRE STATEN ISLAND DELEGATION, WE WELCOME

THESE STUDENTS AND PRINCIPAL HERE TO THE NEW YORK STATE ASSEMBLY,

EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. CONGRATULATE YOU ON THE

WORK THAT YOU'RE DOING IN THE PATHWAYS PROGRAM. CONTINUE THAT GOOD

WORK, AND CONTINUE TO SPREAD THE WORD ABOUT HOW SUCCESSFUL YOU ARE

AND THIS PROGRAM IS. THANK YOU SO VERY MUCH.

(APPLAUSE)

MRS. PEOPLES-STOKES FOR THE PURPOSES OF A

ANNOUNCEMENT.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. COULD YOU PLEASE CALL THE WAYS AND MEANS COMMITTEE TO

THE SPEAKER'S CONFERENCE ROOM?

NYS ASSEMBLY MAY 1, 2023

ACTING SPEAKER AUBRY: CERTAINLY. WAYS AND

MEANS, SPEAKER'S CONFERENCE ROOM IMMEDIATELY, PLEASE.

RESOLUTIONS ON PAGE 3, THE CLERK WILL READ.

THE CLERK: ASSEMBLY RESOLUTION NO. 370, MS.

JEAN-PIERRE.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM APRIL 2023 AS THE MONTH OF THE MILITARY

CHILD 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. 371, MS.

SOLAGES.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM MAY 1-5, 2023 AS MATERNAL HEALTH

AWARENESS WEEK 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. 372, MR.

SAYEGH.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM MAY 1, 2023 AS SCHOOL PRINCIPAL'S DAY IN

THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: MR. SAYEGH ON THE

NYS ASSEMBLY MAY 1, 2023

RESOLUTION.

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

I RISE TODAY TO SHOW NOT ONLY OUR RESPECT, BUT ACKNOWLEDGEMENT OF THE

ROLE SCHOOL PRINCIPALS PLAY. SCHOOL ADMINISTRATORS, PREDOMINANTLY

PRINCIPALS, ARE TRULY UNSUNG HEROES. WHEN WE LOOK AT THE URGENCY AND

THE IMPORTANCE OF A GOOD QUALITY EDUCATION, WE REALIZE THAT IN ADDITION

TO THE IMPACT GOOD TEACHERS HAVE, IT'S THE LEADERSHIP IN THE SCHOOL

BUILDING THAT SETS THE TONE FOR ACADEMIC SUCCESS FOR A LEARNING

ATMOSPHERE THAT MAKES STUDENTS AND PARENTS FEEL WELCOME, THAT

PROMOTES TEAM TEACHING, THAT PROMOTES IDENTITY BUILDING, SELF-ESTEEM

BUILDING THAT MOTIVATES STUDENTS TO DO THEIR VERY BEST. AND I CAN TELL

YOU AS A PRINCIPAL FOR SOME 30 YEARS, I'VE HAD THE PLEASURE WORKING IN

THAT FIELD AND RECOGNIZE WHAT IT TAKES TO REALLY PROMOTE ACADEMIC

SUCCESS, ESPECIALLY TO MAKE SURE THAT STUDENTS LEARN AT THEIR MAXIMUM

POTENTIAL, MAKING SURE THAT STUDENTS ARE BEST PREPARED TO TAKE

STANDARDIZED TESTING, AND THAT STUDENTS APPRECIATE EACH OTHER'S

DIFFERENCES. AND THIS IS THROUGH LEADERSHIP AT THE PRINCIPAL'S LEVEL. SO

WHETHER IT'S SETTING ACADEMIC STANDARDS, PROVIDING LEADERSHIP,

PROMOTING TEAMWORK, MOBILIZING A POSITIVE ENERGY IN A SCHOOL

BUILDING, THE ROLE OF PRINCIPALS IS TO PROMOTE OPEN MINDS AMONG

STUDENTS AND TEACHERS ALIKE, AND TO ENCOURAGE NEW IDEAS AND

KNOWLEDGE, AND TO REALLY PRACTICE DEMOCRACY THROUGH CIVIC PRIDE AND

CIVIC AWARENESS.

SO TODAY IS VERY SPECIAL TO RECOGNIZE UNSUNG HEROES,

SCHOOL ADMINISTRATORS, SPECIFICALLY SCHOOL PRINCIPALS, FOR THE ROLE THEY

NYS ASSEMBLY MAY 1, 2023

PLAY. THANK YOU VERY MUCH, MR. SPEAKER.

ACTING SPEAKER EACHUS: ON THE RESOLUTION,

ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 373, MS.

DARLING.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM MAY 2023 AS FOSTER CARE MONTH IN THE

STATE OF NEW YORK.

ACTING SPEAKER EACHUS: MS. DARLING ON THE

RESOLUTION.

MS. DARLING: THANK YOU, MR. SPEAKER. I STAND

TODAY AS THE CHAIRWOMAN OF THE SUBCOMMITTEE FOR FOSTER CARE, AND I

AM SO EXCITED ABOUT SO MUCH OF THE WORK THAT WE'RE ABLE TO

ACCOMPLISH HERE FOR FOSTER CARE, THE WORK THAT WE'VE BEEN ABLE TO DO TO

DECREASE THE NUMBERS OF STUDENTS AND -- AND CHILDREN IN FOSTER CARE, THE

AMOUNT OF WORK THAT WE'VE DONE TO SUPPORT FAMILIES IN LIEU OF

REMOVING CHILDREN FROM FAMILIES IN FOSTER CARE. BUT, WE STILL HAVE A LOT

OF WORK LEFT TO DO FOR FOSTER CARE, SPECIFICALLY FOR OUR FOSTER CARE

WORKERS. OUR FOSTER CARE WORKERS HAVE NOT RECEIVED A SALARY THAT IS

LIVABLE HERE IN THE STATE OF NEW YORK FOR PROBABLY THE LAST TEN YEARS.

SO WE ARE REQUESTING THE $17 MILLION REQUIRED TO BRING THIS INDUSTRY

WHOLE. CONTINUITY OF CARE WITHIN THIS INDUSTRY IS SO IMPORTANT BECAUSE

OUR CHILDREN BECOME ATTACHED AND THEY FORM RELATIONSHIPS. AND WE

WANT PEOPLE WHO WANT TO WORK IN THIS FIELD WORKING IN THIS FIELD.

NYS ASSEMBLY MAY 1, 2023

SO TODAY I STAND TO RECOGNIZE FOSTER CARE; ALL THE

PEOPLE WHO SUPPORT THAT INDUSTRY, ALL OF OUR CHILDREN WHO ARE IN THE

SYSTEM, WHO HAVE LEFT THE SYSTEM. AND I WANT TO SAY AGAIN, WE STILL

HAVE SO MUCH WORK TO DO WITH THIS SYTEM. THANK YOU VERY MUCH FOR

ALLOWING ME TO SPEAK ON THIS RESOLUTION.

ACTING SPEAKER EACHUS: BEING THE BROTHER OF

13 FOSTER BROTHERS AND SISTERS, THANK YOU VERY MUCH.

ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 374, MR.

LAVINE.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM MAY 2023 AS STROKE AWARENESS MONTH IN

THE STATE OF NEW YORK.

ACTING SPEAKER EACHUS: ON THE RESOLUTION,

ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 375, MR.

THIELE.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM MAY 2023 AS LUPUS AWARENESS MONTH IN

THE STATE OF NEW YORK.

ACTING SPEAKER EACHUS: ON THE RESOLUTION,

ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS

ADOPTED.

NYS ASSEMBLY MAY 1, 2023

THE CLERK: ASSEMBLY RESOLUTION NO. 376, MS.

REYES.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM MAY 2023 AS WORKERS' AWARENESS MONTH IN

THE STATE OF NEW YORK.

ACTING SPEAKER EACHUS: MS. REYES ON THE

RESOLUTION.

MS. REYES: THANK YOU, MR. SPEAKER. I AM PROUD

TO INTRODUCE THIS RESOLUTION PROCLAIMING MAY 2023 AS WORKERS'

AWARENESS MONTH IN THE STATE OF NEW YORK. IN CONJUNCTION WITH THE

OBSERVANCE OF INTERNATIONAL WORKERS' DAY, THIS DAY NOT ONLY HONORS THE

HARD WORK OF ALL RESIDENTS, BUT MORE IMPORTANTLY, PAYS HOMAGE TO THE

STRONG UNION TRADITIONS OF OUR GREAT STATE. MAY DAY, MARKED AS A DAY

OF SOLIDARITY, IS AN OFFICIAL HOLIDAY IN 66 COUNTRIES. BUT THE ROOTS OF

MAY DAY, HOWEVER, ARE DEEPLY ROOTED IN AMERICAN HISTORY AND DATE

BACK TO MAY 1, 1886 WHEN MORE THAN 300,000 WORKERS WALKED OFF

THEIR JOBS AND 13,000 BUSINESSES CLOSED THEIR DOORS ACROSS THE UNITED

STATES IN DEMAND FOR AN EIGHT-HOUR WORKDAY. IT IS THE ORIGINAL PEOPLE

OVER PROFITS RALLY CALL, AND BECAUSE OF THAT WE MUST ACKNOWLEDGE THAT

MAY DAY AND THE STRUGGLE OF WORKERS FIGHTING FOR SOCIAL AND ECONOMIC

JUSTICE DID NOT COME EASY. RATHER, THEIR DETERMINATION COINCIDED WITH

SACRIFICE, AND ULTIMATELY CREATED A STANDARD THAT ALLOWED MILLIONS OF

WORKERS TO ORGANIZE. SINCE THEN, ORGANIZED LABOR HAS FOUGHT FOR THE

RIGHTS AND DIGNITY OF ALL WORKERS. FROM THIS ORGANIZING AND THEIR

SACRIFICE WE NOW HAVE LABOR LAWS SUCH AS THE 40-HOUR WORK WEEK,

NYS ASSEMBLY MAY 1, 2023

LIVING WAGE LAWS, A MINIMUM WAGE -- AND WE ARE FIGHTING TO RAISE THAT

FLOOR IN THIS YEAR'S BUDGET AS WE SPEAK -- HEALTH CARE, PENSION BENEFITS,

SOCIAL SECURITY AND SO MUCH MORE, ALL OF WHICH BENEFIT ALL WORKERS

PAST, PRESENT AND FUTURE, THAT CALL NEW YORK THEIR HOME. I MAY BE AN

ELECTED OFFICIAL, BUT I AM ALSO A PROUD RANK-AND-FILE UNION MEMBER. IN

THE LABOR MOVEMENT WE BELIEVE THAT UNITED WE BARGAIN, AND DIVIDED

WE BEG. IT IS MY HOPE THAT WE DO NOT ONLY TAKE THIS OPPORTUNITY TO

RECOGNIZE THE CONTRIBUTIONS OF WORKERS WHICH STRIVE THROUGH POLICY

AND LAW TO PROTECT WORKERS AND THEIR FAMILIES IN ALL WE DO.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER EACHUS: ON THE RESOLUTION,

ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS

ADOPTED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, WOULD YOU

PLEASE PUT THE HOUSE AT EASE?

ACTING SPEAKER EACHUS: THE HOUSE WILL

STAND AT EASE.

(WHEREUPON, THE HOUSE STOOD AT EASE.)

* * * * * * * * * * * * * * * * * *

ACTING SPEAKER AUBRY: THE HOUSE WILL COME

TO ORDER.

FOR THE PURPOSES OF A INTRODUCTION, MS. WEINSTEIN.

MS. WEINSTEIN: THANK YOU, MR. SPEAKER. I'M

NYS ASSEMBLY MAY 1, 2023

VERY HONORED TODAY TO HAVE SEVERAL GUESTS HERE IN THE CHAMBER AS WE

BEGIN -- OBSERVING AS WE BEGIN OUR BUDGET ADOPTION TODAY. WE HAVE --

LUCKY TO HAVE WITH US MIKE FREER, WHO IS A MEMBER OF PARLIAMENT AND

JUSTICE MINISTER FOR THE COURTS AND LEGAL SERVICES. HE'S IN ALBANY

TODAY TO EXTEND TIES FROM ONE OF THE WORLD'S KEY GLOBAL LEGAL

JURISDICTIONS TO ANOTHER, WORK WITH THE U.K.'S COMMON LAW COUNTRY

PARTNERS AND CELEBRATE LAW DAY. HE WAS OVER AT THE COURT OF APPEALS

JUST EARLIER AND HE ATTENDED EVENTS THERE, BOTH -- ALSO WITH THE STATE

BAR ASSOCIATION AND AMERICAN BAR ASSOCIATION. AND TODAY, THE

HONORABLE MIKE FREER IS JOINED WHEN -- WITH BEN BRIERLEY, SENIOR

POLICY ADVISOR OF THE BRITISH CONSULATE IN NEW YORK AND

COINCIDENTALLY, MY COUSIN. AND TOM MARSAN, WHO IS PRIVATE

SECRETARY TO MIKE FREER.

I WOULD ASK THAT YOU EXTEND THE COURTESIES OF THE FLOOR

TO OUR GUESTS TODAY. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MS. WEINSTEIN, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU

HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU THE PRIVILEGES OF

THE FLOOR. THANK YOU FOR SHARING YOUR TIME WITH US HERE IN ALBANY AND

FOR WATCHING THESE PROCEEDINGS. PLEASE KNOW THAT YOU'RE ALWAYS

WELCOME HERE, AND THAT BOND OF FRIENDSHIP THAT EXISTS BETWEEN OUR

COUNTRIES WILL CONTINUE STILL. THANK YOU SO VERY MUCH.

(APPLAUSE)

MR. MANKTELOW.

MR. MANKTELOW: THANK -- THANK YOU, MR.

NYS ASSEMBLY MAY 1, 2023

SPEAKER, FOR THE TIME TO GIVE AN INTRODUCTION, SIR. IT'S MY PRIVILEGE TO

INTRODUCE EMILY FOSTER. EMILY IS HERE FOR THE NEW YORK STATE

FOUNDATION OF REPUBLICAN WOMEN FROM MONROE COUNTY. SHE IS IN

TOWN FOR THE 104TH ANNUAL CONFERENCE AND DINNER GALA. SHE IS ALSO THE

AMBASSADOR FOR THE FREDERICKS -- FREDERICK DOUGLASS FOUNDATION,

FINGER LAKES REGION, AND SHE'S IN MY DISTRICT. AND IT'S JUST GREAT TO

HAVE HER ON THE FLOOR, AND I WOULD ASK FOR THE CORDIALITIES OF THE HOUSE

TO BE GIVEN TO HER.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. MANKTELOW, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU

HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU THE PRIVILEGES OF

THE FLOOR. THANK YOU FOR JOINING US HERE TODAY. KNOW THAT YOUR WORK

HAS BEEN MUCH APPRECIATED. CONTINUE THE GREAT WORK. THANK YOU SO

VERY MUCH.

(APPLAUSE)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, MEMBERS

HAVE ON THEIR DESKS AN A-CALENDAR. I'D LIKE TO ADVANCE THAT

A-CALENDAR.

ACTING SPEAKER AUBRY: ON MRS. PEOPLES-

STOKES' MOTION, THE A-CALENDAR IS ADVANCED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: IF WE COULD BEGIN OUR

WORK TODAY WITH THE A-CALENDAR, WE WOULD LIKE TO START WITH BUDGET

BILL NO. 3004 [SIC]. IT'S RULES REPORT NO. 24 [SIC] AND IT IS GOING TO BE

NYS ASSEMBLY MAY 1, 2023

MANAGED BY OUR VERY CAPABLE CHAIR OF WAYS AND MEANS, HELENE

WEINSTEIN.

ACTING SPEAKER AUBRY: THANK YOU.

PAGE 3, RULES REPORT NO. 124, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A03004-D, RULES

REPORT NO. 124, BUDGET BILL. AN ACT MAKING APPROPRIATIONS FOR THE

SUPPORT OF GOVERNMENT, CAPITAL PROJECTS BUDGET.

ACTING SPEAKER AUBRY: GOVERNOR'S MESSAGE

IS AT THE DESK, THE CLERK WILL READ.

THE CLERK: I HEREBY CERTIFY TO AN IMMEDIATE VOTE,

KATHY HOCHUL, GOVERNOR.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MS. WEINSTEIN.

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

MARKS THE 62ND DAY OF MARCH, AND I'M HAPPY TO REPORT THAT WE ARE

PREPARED TO ADOPT THE BUDGET FOR STATE FISCAL YEAR '23-'24. THE

EXECUTIVE BUDGET WAS RELEASED ON FEBRUARY 1ST, AND MEMBERS HAVE

WORKED DILIGENTLY SINCE THAT TIME. YOUR FEEDBACK AND PERSPECTIVE

THROUGHOUT THIS PERIOD HAVE INFLUENCED THE PRODUCT BEFORE US GREATLY,

AND ON BEHALF OF THE SPEAKER I THANK ALL OF YOU FOR YOUR COOP --

COLLABORATION AND PATIENCE.

THE BUDGET BEFORE US AUTHORIZES 229 BILLION IN NEW

SPENDING, AN INCREASE OF 2.1 BILLION OVER THE EXECUTIVE BUDGET. THE

BUDGET INCLUDES NEARLY 3 BILLION IN GENERAL SUPPORT FOR PUBLIC SCHOOLS,

AN AMOUNT WHICH FULLY FUNDS THE FOUNDATION AID FORMULA ONCE AND FOR

NYS ASSEMBLY MAY 1, 2023

ALL. THE BUDGET ALSO INCLUDES A NEW 150 MILLION FOR UNIVERSAL PRE-K,

130 MILLION TO PROVIDE MEALS FREE OF CHARGE TO ALL CHILDREN IN

DISADVANTAGED SCHOOLS AND SCHOOL DISTRICTS. THIS BUDGET INVESTS IN

SUNY AND CUNY AND PROVIDES MULTI-YEAR STATE SUPPORT FOR PUBLIC

COLLEGES AND UNIVERSITIES IN LIEU OF A TUITION INCREASE. SUBSTANTIAL

CAPITAL INVESTMENTS IN HIGHER EDUCATION WILL ENSURE THAT OUR STUDENTS

HAVE ACCESS TO STATE-OF-THE-ART FACILITIES LONG INTO THE FUTURE.

THE BUDGET INVESTS IN OUR HEALTH CARE, INFRASTRUCTURE

PROVIDING LONG OVERDUE INCREASES IN MEDICAID RATES FOR INPATIENT AND

OUTPATIENT SERVICES, NURSING HOME SERVICES AND ASSISTED LIVING

PROGRAMS. A NEW $500 MILLION IS INCLUDED FOR DISTRESSED AND SAFETY

NET HOSPITALS AS WELL.

THE PROPOSAL INCLUDES 1.6 BILLION TO SHORE UP THE

FINANCES OF THE MTA WHILE DEDICATING RESOURCES TO SOFTEN THE IMPACT

OF FUTURE FARE INCREASES. WE ENHANCED SUBWAY SERVICE AS A RESULT OF --

THERE WILL BE ENHANCED SUBWAY SERVICE AS A RESULT OF THE MTA FUNDING

AND ESTABLISHING PRIOR -- A PILOT PROGRAM TO HAVE A NO-FARE BUS ROUTE IN

EACH OF THE FIVE BOROUGHS. SEPARATELY, AN ADDITIONAL 100 MILLION IS

PROVIDED FOR LOCAL ROADS, AND 20 MILLION IS ADDED FOR UPSTATE TRANSIT.

AND AFTER A 5 PERCENT INCREASE JUST LAST YEAR, THE

HUMAN SERVICES COLA IS AUTHORIZED TO INCREASE BY AN ADDITIONAL 4

PERCENT UNDER THIS BUDGET, AIDING WORKERS WHO ASSIST VULNERABLE NEW

YORKERS. THE BUDGET PROVIDES FOR A $2 INCREASE TO THE MINIMUM WAGE

WITH INDEXING PEGGED TO INFLATION ONCE FULLY PHASED IN. THIS BUDGET

ALSO -- ALSO AUTHORIZES ONE-TIME PAYMENTS TO STABILIZE AND RETAIN THE

NYS ASSEMBLY MAY 1, 2023

CHILDCARE WORKFORCE AS WELL.

LAST, NEARLY 400 MILLION IS PROVIDED TO ADDRESS

OUTSTANDING RENTAL ARREARS IN UPSTATE PUBLIC HOUSING AUTHORITIES AND

NYCHA, AS WELL AS ARREARS FOR SECTION 8 APPLICATIONS SUBMITTED TO THE

ERAP PORTAL, COMBINED WITH OVER 246 MILLION IN FEDERAL AND STATE

RESOURCES NOW AVAILABLE TO ALL OTHER PENDING ERAP CASES. THE

AMOUNTS WE PROVIDE TODAY ARE INTENDED TO SETTLE UP ON PANDEMIC-

RELATED ARREARS ONCE AND FOR ALL.

AND WITH THAT, MR. SPEAKER, I'LL CONCLUDE THESE

OPENING REMARKS AND I'M HAPPY TO TAKE QUESTIONS SPECIFIC TO THIS BILL.

ACTING SPEAKER AUBRY: MR. RA.

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

WEINSTEIN YIELD?

MS. WEINSTEIN: YES.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS,

SIR.

MR. RA: THANK YOU. SO -- SO STARTING WITH I -- YOUR

REMARK ABOUT THIS BEING THE 62ND DAY OF MARCH, I THINK WE'D ALL BE

HAPPY THAT IT'S STILL SHORTER THAN MARCH OF 2020, SO WE'LL TAKE IT. SO I

WANT TO JUST START AT THE TOP. YOU GAVE SOME OF THE GLOBAL OVERVIEW OF

THIS BUDGET, AND IN COMMITTEE WE JUST GOT SOME OF THE -- I -- I KNOW A

FINANCIAL PLAN IS FORTHCOMING SHORTLY, WHICH WE WILL LOOK FORWARD TO

SEEING, AND I WOULD SAY, YOU KNOW, WE'D PREFER TO HAVE BEFORE WE'RE

VOTING OR DISCUSSING ANY BUDGET BILLS. BUT IF YOU CAN JUST GIVE -- GIVE

US THOSE NUMBERS IN TERMS OF WHAT THIS BUDGET SPENDS AMONGST THE

NYS ASSEMBLY MAY 1, 2023

DIFFERENT CATEGORIES.

MS. WEINSTEIN: SURE. SO, AS I SAID, ALL FUNDS,

229 BILLION, AN INCREASE OF 2 BILLION -- ACTUALLY 2.1 BILLION OVER THE

EXECUTIVE PROPOSAL, AND 8.6 BILLION OR 3.9 PERCENT OVER LAST FISCAL YEAR.

AND IT'S LARGELY ATTRIBUTED TO COMMITMENTS TO SCHOOL AID, HIGHER ED,

HOUSING, MEDICAID, THE COST OF LIVING -- THE COLA FOR HUMAN SERVICES,

INDIGENT LEGAL REPRESENTATION, AID TO LOCAL GOVERNMENTS AND VARIOUS

PROGRAMS. IN TERMS OF STATE OPERATING FUNDS, 127.2 BILLION, WHICH IS

AN INCREASE OF ROUGH -- ROUGHLY 2 BILLION OVER THE GOVERNOR'S

ESTIMATES, AND 3.4 BILLION OR 2.8 PERCENT OVER LAST FISCAL YEAR. AND THE

GENERAL FUND IS 108.1 BILLION, WHICH IS AN INCREASE OF 1.2 BILLION OVER

THE EXECUTIVE PROPOSAL, AND 15.3- OR 16.5 PERCENT OVER FISCAL YEAR

'22-'23. AND IN TERMS OF STATE FUNDS, 145 BILLION, WHICH IS AN INCREASE

OF 2 BILLION OVER THE EXECUTIVE, AND 9.5 BILLION OR 7 PERCENT OVER FISCAL

YEAR '22-'23.

MR. RA: GREAT. THANK YOU. NOW, MOVING TO THIS

BILL ITSELF, OUR CAPITAL BILL. SO, HOW MUCH DOES THIS BILL APPROPRIATE?

MS. WEINSTEIN: 23.2 BILLION.

MR. RA: OKAY. OKAY. AND THEN WHAT IS THE FISCAL

IMPACT OR THE ACTUAL AMOUNT THAT WILL BE SPENT BY THIS BILL?

MS. WEINSTEIN: 18.6 BILLION.

MR. RA: OKAY. AND THEN HOW MUCH IN NEW DEBT

ISSUANCE DOES THIS BILL AUTHORIZE?

MS. WEINSTEIN: THAT'S 9.8 BILLION.

MR. RA: THANK YOU. SO, ONE OF THE THINGS THAT I

NYS ASSEMBLY MAY 1, 2023

KNOW IS CONTAINED THIS YEAR, SOME ARE NEW, IN PARTICULAR DATING BACK TO

LAST YEAR IN TERMS OF SOME OF THESE NEW FUNDS, WOULD YOU BE ABLE TO

IDENTIFY THE APPROPRIATIONS OR PROGRAMS WITHIN THIS BILL THAT ARE

DISCRETIONARY FUNDS THAT ARE SUPPORTED BY THE GOVERNOR AND MAJORITIES

BUT DON'T HAVE A SET RECIPIENT LINED OUT OR -- OR A FORMULA DISTRIBUTING

THEM?

(PAUSE)

MS. WEINSTEIN: I BELIEVE APPROXIMATELY 385

MILLION.

MR. RA: OKAY. SO THAT -- IS THAT ALL WITHIN THE

CREST PROGRAM?

MS. WEINSTEIN: YES, IN SAM AND -- AND

REAPPROPS.

MR. RA: YES. THERE IS NO NEW MONEY IN SAM,

CORRECT?

MS. WEINSTEIN: NO.

MR. RA: OKAY.

MS. WEINSTEIN: YES, THAT'S CORRECT. THERE IS NO

NEW SAM MONEY.

MR. RA: YES, THANK YOU. OKAY, SO JUST GOING

THROUGH A FEW OF THE DIFFERENT AREAS. I GUESS I WILL START ALPHABETICALLY

WITH AGRICULTURE. MR. PALMESANO FOUND THAT FUNNY. SO, I KNOW THE

BUDGET DOESN'T INCLUDE ANY NEW FUNDING FOR A MEAT PROCESSING GRANT

PROGRAM WHICH WAS ENACTED LAST YEAR. HOWEVER, THE 5 MILLION THAT'S

BEEN REAPPROPRIATED FROM 2022-'23 FOR EXPANDING EXISTING PLANTS,

NYS ASSEMBLY MAY 1, 2023

CREATING NEW PLANTS, JOB TRAINING SAFETY UPGRADES OR OTHER PURPOSES TO

FURTHER OPPORTUNITIES FOR BEEF, PORK AND OTHER MEAT, FARMERS TO PROCESS

MEAT WITHIN NEW YORK STATE. AND MY UNDERSTANDING IS THOSE GRANT

AMOUNTS WERE CONSISTENT WITH A MINIMUM OF $50,000 PER RECIPIENT. I

KNOW THERE'S BEEN A LOT OF DISCUSSION ABOUT THIS PROGRAM. THERE'S BEEN

HEARINGS OVER THE LAST FEW YEARS ABOUT HOW IMPORTANT IT IS THAT NEW

YORK NOT ONLY MAINTAIN THE MEAT PROCESSING CAPACITY, IT STILL HAS, BUT

ALSO EXPAND PROCESSING CAPACITY TO MEET EXISTING DEMAND. SO, WAS

THERE ANY TALK OF PROVIDING NEW FUNDING TO THIS TYPE OF PROGRAM, OR IS

THAT SOMETHING THAT WE CAN CONTINUE TO LOOK AT IN THE FUTURE?

MS. WEINSTEIN: WE CERTAINLY CAN CONTINUE TO

LOOK AT IT IN THE FUTURE. THERE ARE NEW -- NOT -- THERE ARE NOT ANY NEW

MONIES APPROPRIATED BECAUSE THAT MONEY IS REAPPROPRIATED FROM LAST

YEAR'S BUDGET.

MR. RA: OKAY. HOW MUCH IS REAPPROPRIATED FOR

THAT?

MS. WEINSTEIN: I DON'T HAVE THAT INFORMATION AT

HAND, BUT CERTAINLY AS THE DAY GOES ON I CAN PROVIDE THAT INFORMATION.

MR. RA: OKAY. DO WE -- DO YOU HAVE ANY

INFORMATION IN TERMS OF WHAT THE PARTICIPATION HAS BEEN IN THAT

PROGRAM IN TERMS OF HOW MANY GRANTS OR HOW MUCH HAS GONE OUT?

MS. WEINSTEIN: UNFORTUNATELY, I DON'T HAVE THAT

INFORMATION. I'M SORRY THAT I DON'T HAVE THAT FOR YOU.

MR. RA: OKAY. LASTLY, IN TERMS OF JUST, YOU KNOW,

FUTURE DISCUSSIONS, YOU KNOW, DO WE BELIEVE THAT'S SOMETHING THAT ONCE

NYS ASSEMBLY MAY 1, 2023

WE GET TO THAT POINT THAT WE HAVE EXHAUSTED THE REAPPROPRIATIONS THAT

WE MIGHT LOOK AT PUTTING NEW MONEY INTO THE PROGRAMS SO THAT WE CAN

CONTINUE TO SUPPORT THESE FARMERS?

MS. WEINSTEIN: OH, CERTAINLY. IF -- IF THE PROGRAM

IS -- USES THE FUNDS THAT HAVE BEEN REAPPROPED, IT CERTAINLY WOULD MEAN

THAT WE WOULD BE LOOKING AT IT IN TERMS OF GOING FORWARD IN A FUTURE

BUDGET.

MR. RA: OKAY. MOVING TO ENVIRONMENTAL

CONSERVATION. SO THE -- THE CAPITAL BUDGET APPROPRIATES $5 MILLION IN

NEW FUNDING FOR EXPENSES RELATED TO PROJECTS UNDERTAKEN TO FACILITATE

NET CONSERVATION BENEFITS TO ENDANGERED AND THREATENED SPECIES

POTENTIALLY IMPACTED BY MAJOR RENEWABLE ENERGY FACILITIES VIA THE

ENDANGERED AND THREATENED SPECIES MITIGATION FUND BANK. NOW, THIS

WAS FIRST SET UP UNDER THE ACCELERATED RENEWABLE ENERGY GROWTH AND

COMMUNITY BENEFIT ACT BACK IN 2020, BUT THIS IS THE FIRST TIME WE'RE

PROVIDING FUNDING WITH REGARD TO THIS. SO JUST WONDERING, YOU KNOW,

AS WE'RE GOING THROUGH, YOU KNOW, THINGS LIKE THE CLIMATE LEADERSHIP

AND COMMUNITY PROTECTION ACT, IS THAT WHAT'S PROMPTING THIS, US

MOVING FORWARD WITH SOME OF THOSE PROJECTS TO FINALLY PROVIDE SOME

FUNDING FOR THIS ISSUE?

MS. WEINSTEIN: I BELIEVE THAT BECAUSE IT'S A

DEDICATED FUND THAT THERE'S FINALLY ENOUGH RESOURCES IN THAT FUND TO BE

APPROPRIATING IT.

MR. RA: OKAY, THANK YOU. SO, I -- I KNOW MANY OF

MY OTHER COLLEAGUES HAVE, YOU KNOW, A LOT TO SAY AND ALSO HAVE BETTER

NYS ASSEMBLY MAY 1, 2023

KNOWLEDGE REGARDING A LOT OF THESE ISSUES SO I'M GOING TO LEAVE SOME

OF THAT TO THEM. BUT OBVIOUSLY, THIS IS SOMETHING THAT PEOPLE HAVE

BEEN LOOKING AT, ESPECIALLY WE'RE NOW THREE OR FOUR YEARS OUT FROM, YOU

KNOW, PASSING THE CLCPA, THESE TYPES OF ISSUES OF MITIGATING SOME OF

THOSE IMPACTS I THINK ARE GOING TO BE A CONTINUED CONVERSATION.

NOW, IN TERMS OF THIS ENACTED BUDGET, MOVING OVER TO

ENERGY, SO THE 2022-'23 ENACTED BUDGET APPROPRIATES $200 MILLION IN

NEW FUNDING, WHICH IS THE SAME AS THE GOVERNOR, FOR LOANS, GRANTS AND

OTHER COSTS RELATED TO NYSERDA CLEAN ENERGY PRODUCTS FOR LOW-

INCOME STATE RESIDENTS. THESE INCLUDE ENERGY EFFICIENCY, HEATING AND

COOLING, HEALTH AND SAFETY AND OTHER RELATED ENERGY IMPROVEMENTS AS

WELL AS ADMINISTRATIVE EXPENSES. DO WE -- HOW DO WE FEEL ABOUT THIS

FUNDING ROUND? IS IT RELATED TO A FEASIBLE GOAL CONSIDERING THE

EXORBITANT EXPENSES ASSOCIATED WITH HOME AND BUSINESS

ELECTRIFICATION?

MS. WEINSTEIN: WE BELIEVE IT WOULD HELP FUND UP

TO 20,000 PROJECTS, RESIDENTIAL PROJECTS.

MR. RA: OKAY. AND, YOU KNOW, PUTTING THIS IN AS

NEW FUNDING, OBVIOUSLY THERE IS A LOT OF LONG-TERM WORK THAT IS GOING

TO GO INTO ALL OF THESE INITIATIVES. SO WHAT IS THE LONG-TERM OUTLOOK

WITH REGARD TO THIS FUNDING AND MAYBE FUTURE FUNDING TO MAKE SURE

THAT WE'RE ACHIEVING THE OBJECTIVES WITHOUT PASSING ON THE FISCAL

CONSEQUENCES TO OUR RATEPAYERS AND BUSINESSES?

MS. WEINSTEIN: BUT FOR THE MOMENT THIS IS

BRAND-NEW FUNDING. SO AS WE GO FORWARD OVER THE NEXT YEARS AS WE

NYS ASSEMBLY MAY 1, 2023

SEE HOW THE PROGRAM IS UTILIZED, CERTAINLY WE WOULD BE CONSIDERING

ADDING ADDITIONAL FUNDING IN FUTURE BUDGET YEARS.

MR. RA: AND LASTLY ON THIS PIECE, ARE THE RURAL POOR

CONSIDERED PART OF THIS LOW-INCOME CONVERSATION?

MS. WEINSTEIN: I -- I DON'T SEE WHY NOT. OF

COURSE THEY WOULD BE.

MR. RA: THANK YOU. I'M GOING TO MOVE ON TO

ECONOMIC DEVELOPMENT, STARTING IN PARTICULAR WITH THE BELMONT PARK

REDEVELOPMENT. THIS WAS OBVIOUSLY SOMETHING THAT WAS WITHIN THE

GOVERNOR'S ORIGINAL PROPOSAL TO SUPPORT, YOU KNOW, THIS ULTIMATE

RENOVATION OF BELMONT PARK, AND -- AND IN PARTICULAR A LOAN. SO, CAN

YOU TELL ME, A, HOW IS THIS DIFFERENT -- DIFFER FROM THE GOVERNOR'S

ORIGINAL PROPOSAL FOR THIS?

(PAUSE)

MS. WEINSTEIN: THE -- THE FUNDING MECHANISM IS

THE SAME AS THE GOVERNOR'S PROPOSAL.

MR. RA: OKAY. ARE THERE ANY OTHER PROVISIONS THAT

DIFFER FROM THE GOVERNOR'S PROPOSAL?

MS. WEINSTEIN: THERE ARE SOME REQUIREMENTS AS

TO WHAT HAPPENS WITH AQUEDUCT ONCE THIS PROPOSAL GOES FORWARD, ONCE

BELMONT GOES FORWARD.

MR. RA: OKAY. DOES -- SO DOES IT REQUIRE, YOU

KNOW, BY SOME DATE CERTAIN THAT AQUEDUCT CEASE OPERATIONS ONCE

BELMONT'S RENOVATION IS COMPLETE?

(PAUSE)

NYS ASSEMBLY MAY 1, 2023

MS. WEINSTEIN: ONCE -- THE AQUEDUCT PROPERTY

WOULD REVERT BACK TO THE STATE ONCE THERE'S SUBSTANTIAL COMPLETION OF

BELMONT, AND THEN A LOCAL ADVISORY BOARD WOULD BE FORMED TO ASSESS

BIDS AND MAKE RECOMMENDATIONS AS TO THE USE OF THE PROPERTY.

MR. RA: OKAY. AND IS THERE ANY SPECIFIC

PARAMETERS RELATED TO THE PROPERTY THAT -- YOU KNOW, ANY LIMITING

LANGUAGE IN TERMS OF WHAT THAT ENTITY COULD ULTIMATELY DECIDE TO USE

THE PROPERTY OR IS IT PRETTY WIDE OPEN THAT THEY COULD, YOU KNOW,

BASICALLY MEET WITH THE COMMUNITY AND MEET WITH STAKEHOLDERS AND

COME UP WITH THE PROPER USE THAT WILL BEST BENEFIT THE STATE AND THE

LOCAL COMMUNITY?

MS. WEINSTEIN: I WOULD SAY THERE ARE GENERAL

PARAMETERS, BUT IT'S REALLY GOING TO BE DECIDED BY THE ADVISORY BOARD.

MR. RA: OKAY. AND THEN LASTLY, WITH REGARD TO THE

CONSTRUCTION ITSELF, THIS DOES CONTAIN SOME NEW LABOR PROVISIONS

REGARDING THE WORK AT BELMONT, CORRECT?

MS. WEINSTEIN: YES. THERE -- THERE -- IT'S A

REQUIREMENT OF A PROJECT LABOR AGREEMENT.

MR. RA: OKAY. THANK YOU VERY MUCH.

MOVING ON TO OUR REGIONAL ECONOMIC DEVELOPMENT

COUNCILS, WHICH, YOU KNOW, OBVIOUSLY ANY OF US WHO'VE BEEN AROUND

FOR A WHILE KNOW THESE HAVE BEEN SOMETHING WELL OVER A DECADE NOW.

NOW, I KNOW -- YOU KNOW, THIS PROCESS, I THINK WE'VE SEEN IT

REGIONALLY, YOU KNOW, HAVE IMPACTS. BUT CERTAINLY DURING THE PRIOR

ADMINISTRATION, YOU KNOW, THERE -- THERE'D BE THESE ELABORATE AWARD

NYS ASSEMBLY MAY 1, 2023

CEREMONIES AND ALL THAT TYPE OF STUFF, BUT I THINK THAT MANY OF US HAVE

THOUGHT OVER THE YEARS, WELL, THIS MAY WORK IN SOME LARGER SENSE. THE

BETTER APPROACH MIGHT BE PUSHING FOR WIDESPREAD SMALL BUSINESS TAX

AND REGULATORY RELIEF. AND IN PARTICULAR, YOU KNOW, THERE ARE INDUSTRIES

THAT -- THAT HAVE BEEN PRETTY HARD HIT IN THE STATE. BETWEEN 2011 AND

NOVEMBER 2022, MANUFACTURING JOBS NATIONWIDE HAVE INCREASED BY 1.2

MILLION WHILE NEW YORK LOST 34,800 MANUFACTURING JOBS FOR A DECREASE

OF ABOUT ALMOST 8 PERCENT. SO THIS -- DOES THIS BUDGET INCLUDE ANY NEW

CAPITAL TO SUPPORT SMALL BUSINESSES WHO ARE STRUGGLING WITH HIGH

INFLATION AND THE LINGERING EFFECTS OF THE COVID PANDEMIC WHO MIGHT

NOT BE ABLE TO GET THE SUPPORT OF AN ENTITY LIKE THE REDCS?

MS. WEINSTEIN: NOT IN PARTICULAR, IN TERMS OF A

WIDESPREAD ALLOCATION OF FUNDS. BUT THE REGIONAL ECONOMIC

DEVELOPMENT COUNCILS DO LOOK TO HELPING TO REVITALIZE DOWNTOWNS,

REVITALIZE COMMERCIAL ENTITIES. AND HAVING BEEN TO OVER THE YEARS A

NUMBER OF THEIR PRESENTATIONS AROUND THE STATE OF THE REGIONAL

ECONOMIC DEVELOPMENT COUNCILS, I THINK THEY CLEARLY FOCUS ON

IMPROVING THE ECONOMY, THE LOCALS ECONOMY.

MR. RA: OKAY. THANK YOU.

ACTING SPEAKER AUBRY: MR. RA, YOU ARE ON

YOUR SECOND 15.

MR. RA: YES, SIR. THANK YOU, MR. SPEAKER.

MOVING ON TO EDUCATION, IN PARTICULAR, LIBRARIES AND LIBRARY

CONSTRUCTION. AS I THINK ALL OF MY COLLEAGUES KNOW, WE ALL HEAR FROM

OUR LOCAL LIBRARIES ON A REGULAR BASIS, AND UNFORTUNATELY, OUR LOCAL

NYS ASSEMBLY MAY 1, 2023

LIBRARIES SEEM TO BE PROPOSED FOR CUTS EVERY YEAR BY THE EXECUTIVE.

THANKFULLY THERE IS STRONG SUPPORT IN THIS BODY AND DOWN THE HALL FOR

OUR LOCAL LIBRARIES AND TRYING TO MEET BOTH THEIR OPERATING AND CAPITAL

NEEDS. BUT ONE OF THE THINGS THAT THEY LOOK AT IS TO ELIMINATE THE

LIBRARY CONSTRUCTION CAP. THIS CAP LIMITS PUBLIC LIBRARY SYSTEMS TO

AWARDING ONLY 50 PERCENT OF THEIR TOTAL -- TOTAL LIBRARY CONSTRUCTION

GRANTS ALLOCATION TO LIBRARIES SERVING ECONOMICALLY-DISTRESSED

COMMUNITIES. THE NEW YORK LIBRARY ASSOCIATION ASSERTS THAT

RENEWING THIS CAP WILL ENSURE THAT LIBRARIES IN THESE COMMUNITIES AS

WELL AS THOSE IN RURAL REGIONS CAN BENEFIT FROM LIBRARY CONSTRUCTION AID

AS INTENDED. SO, NUMBER ONE, DOES THIS BUDGET BILL OR ANY SUBSEQUENT

BILLS ELIMINATE THE LIBRARY CONSTRUCTION CAP?

MS. WEINSTEIN: NO, WE DON'T ELIMINATE IT, WE DO

ADD $20 MILLION. AND WE CAN LOOK AT THE LIBRARY CONSTRUCTION CAP AND

ALL OF THOSE ISSUES POST-BUDGET. IT'S NOT REQUIRED. WE DON'T -- WE CAN

DO THAT THROUGH LEGISLATION, NOT THROUGH -- WE DON'T HAVE TO DO IT

THROUGH THE BUDGET.

MR. RA: I -- I THINK THAT WOULD BE APPRECIATED THAT

WE CAN, YOU KNOW, HAVE A DISCUSSION MAYBE OUTSIDE OF THE PRESSURE OF

THIS PROCESS ABOUT THE MERITS OF THAT CAP, YOU KNOW, SO THANK YOU FOR

THAT. YOU KNOW, THOSE SAME STAKEHOLDERS THAT WE HEAR FROM IN OUR

COMMUNITY HAVE REPEATEDLY INFORMED US THAT MANY OF OUR STATE'S

LIBRARIES ARE IN URGENT NEED OF REPAIR AND RENOVATION. MORE THAN HALF

OF THE STATE'S LIBRARIES ARE OVER 60 YEARS OLD, AND DATA SHOWS A

SIGNIFICANT BACKLOG OF $1.5 BILLION IN CAPITAL NEEDS FOR LIBRARIES

NYS ASSEMBLY MAY 1, 2023

STATEWIDE. THESE AGING FACILITIES NOT ONLY PRESENT PHYSICAL AND SAFETY

CONCERNS, BUT ALSO HINDER THE LIBRARIES' ABILITY TO PROVIDE MODERN,

INNOVATIVE SERVICES TO THEIR COMMUNITY. AND I THINK ADDRESSING THIS

ISSUE BY INVESTING IN LIBRARY INFRASTRUCTURE WILL ONLY HELP ENSURE THAT

OUR PUBLIC LIBRARIES REMAIN VIBRANT, ACCESSIBLE AND VALUABLE

COMMUNITY RESOURCES FOR YEARS TO SOME. SO GIVEN THE URGENT NEED FOR

GREATER STATEWIDE INVESTMENT IN LIBRARY CAPITAL CONSTRUCTION PROJECTS,

WHY DO WE HAVE TO NEGOTIATE JUST TO MAINTAIN PREVIOUS YEARS' SPENDING

LEVELS? THIS -- AS I SAID, WHY ARE WE ALWAYS IN A SITUATION THAT WE'RE

WORKING FROM BEHIND WITH REGARD TO OUR LIBRARIES?

MS. WEINSTEIN: WELL, AS -- AS YOU KNOW, WE ARE

-- OUR ONE-HOUSE PROPOSAL HAD DOUBLE THE AMOUNT THAT WE'RE

ULTIMATELY ENDING UP WITH, AND NEGOTIATION IS A THREE-WAY NEGOTIATION

TO GET TO A FINAL BUDGET AND THAT WAS THE LIMIT THAT WE WERE ABLE TO

ACHIEVE IN THIS YEAR'S BUDGET.

MR. RA: ALL RIGHT. DO YOU KNOW IF -- HAVE THERE

BEEN ANY CONVERSATIONS ABOUT MAYBE SOME TYPE OF MULTI-YEAR PLAN OR

-- OR SOME TYPE OF BOND ACT THAT WOULD GIVE SOME CERTAINTY IN -- INTO

FUTURE YEARS FOR OUR LIBRARIES WITH REGARD TO THEIR CAPITAL NEEDS AND

TRYING TO MEET THEM?

MS. WEINSTEIN: NOT SPECIFICALLY RELATING TO THIS,

BUT, YOU KNOW, CLEARLY WE HAVE LOTS OF CONVERSATIONS ABOUT FUNDS

THROUGHOUT THE BUDGET.

MR. RA: OKAY. MOVING TO HEALTH. SO, THE

STATEWIDE HEALTHCARE TRANSFORMATION FUND, AS YOU KNOW, A SIGNIFICANT

NYS ASSEMBLY MAY 1, 2023

AMOUNT OF FUNDS FROM THE PREVIOUS ROUNDS OF THIS PROGRAM REMAIN

UNSPENT. HAVE WE IDENTIFIED WHAT THE CAUSES OF DELAYS IN SPENDING

FROM PREVIOUS ROUNDS OF THIS FUNDING HAVE BEEN?

MS. WEINSTEIN: WELL, SINCE IT'S NOT A SPECIFIC RFP

THEY HAVE TO GO THROUGH -- THERE'S A LOT OF ADMINISTRATIVE REQUIREMENTS

THAT THEY HAVE TO GO THROUGH, SO IT JUST TAKES -- IT TAKES TIME TO -- TO GO

THROUGH THAT PROCESS.

MR. RA: AND WITH REGARD TO THE WADSWORTH

LABORATORIES, THIS CAPITAL PROJECTS BILL INCLUDES $967 MILLION IN

FUNDING FOR THE WADSWORTH LABORATORIES. IS THIS RELATED TO THE 750

MILLION THAT WAS ANNOUNCED FOR WADSWORTH BY THE GOVERNOR LAST

APRIL?

MS. WEINSTEIN: IT -- IT REPLACES THAT MONEY. THAT

MONEY IS BROUGHT INTO THE DEPARTMENT OF HEALTH FROM ECONOMIC

DEVELOPMENT.

MR. RA: IT REPLACES THAT MONEY?

MS. WEINSTEIN: YES.

MR. RA: SO WHAT IS THE PLAN FOR THIS ALMOST BILLION-

DOLLAR INVESTMENT?

(PAUSE)

MS. WEINSTEIN: THEY -- THERE HAVE BEEN YEARS

TRYING TO REESTABLISH AND -- AND IMPROVE WADSWORTH. CERTAINLY DURING

THE COVID PANDEMIC WE SAW THE IMPORTANCE OF -- OF WADS --

WADSWORTH AND THIS WILL BE FOR A NEW CAMPUS IN -- AT THE HARRIMAN

STATE FACILITY.

NYS ASSEMBLY MAY 1, 2023

MR. RA: AND IN TERMS OF THE OPERATION AND ACTIVITIES

OF THE LABORATORIES, WILL THIS FUNDING OR -- OR, YOU KNOW, BUILDING AND

ALL OF THAT INTERRUPT ANY OF THEIR OPERATIONS?

MS. WEINSTEIN: IT'S A -- IT WILL NOT BECAUSE IT'S A

BRAND-NEW BUILDING, SO ONCE THE -- WADSWORTH WILL CONTINUE ONCE THE

NEW -- IN ITS CURRENT LOCATION. ONCE THE NEW FACILITY IS BUILT IT WILL BE

TRANSFERRED OVER.

MR. RA: THANK YOU. MOVING TO HIGHER EDUCATION.

SO, THE PROPOSAL FOR CUNY AND SUNY TO RECEIVE NEW WHAT'S BEING

CALLED "FLEXIBLE FUNDING" CAPITAL APPROPRIATIONS. IT'S A TOTAL OF 805

MILLION BETWEEN THEM; 435- AND $370 MILLION RESPECTIVELY. SO CAN

YOU JUST EXPLAIN WHAT'S MEANT BY FLEXIBLE FUNDING, AND HOW ARE WE

ENSURING THAT THEIR FUNDS ARE INTENDED ONLY TO BE USED FOR HIGHER

EDUCATION CAPITAL PROJECTS?

MS. WEINSTEIN: SO, FLEXIBLE FUNDING IS WHAT IT

SOUNDS LIKE. IT CAN BE USED FOR ANY -- ANY PURPOSE OF THE CAMPUS THAT

WOULD BE A CAPITAL NEED, INCLUDING IT.

MR. RA: INCLUDING IT. IS THERE ANY METHOD THAT'S

GOING TO BE USED TO IDENTIFY THE DEFINITE USES FOR THESE CAPITAL

APPROPRIATIONS?

MS. WEINSTEIN: THE -- THE BOARD OF TRUSTEES AT

EACH INSTITUTION WILL MAKE THOSE DETERMINATIONS. I WOULD NOTE THAT IN

SUNY, OF THE 370- THERE IS 20 MILLION THAT IS DEDICATED FOR SUNY

POLY.

MR. RA: OKAY, THANK YOU. I JUST WANT TO ASK ABOUT A

NYS ASSEMBLY MAY 1, 2023

COUPLE OF OTHER ITEMS. I HAVE A FEW MINUTES LEFT HERE. SO, WITH REGARD

TO SOMETHING THAT WE ESTABLISHED LAST YEAR, THE VETERANS NON-PROFIT

CAPITAL PROGRAM. THE BUDGET INCLUDES $5 MILLION IN FUNDING FOR THE

VETERANS NON-PROFIT CAPITAL PROJECTS SO THAT VETERAN SERVICE

ORGANIZATIONS CAN MAKE CAPITAL IMPROVEMENTS TO THEIR FACILITIES. THERE

WAS NO REAPPROPRIATION. SOME MAY REMEMBER THAT OUR CONFERENCE

PROPOSED A MUCH LARGER CAPITAL FUND FOR THESE ORGANIZATIONS. WE'RE

TALKING ABOUT, YOU KNOW, THOSE VFWS, THOSE AMERICAN LEGIONS WITHIN

SO MANY OF OUR DISTRICTS THAT NEED ROOFS AND REPAVE PARKING LOTS AND ALL

KINDS OF RENOVATIONS BECAUSE THEY'RE OLDER BUILDINGS. SO, CAN YOU TELL

ME, NUMBER ONE, DO YOU KNOW HOW MUCH MONEY IS STILL OUT THERE IN

THIS PROGRAM FROM LAST YEAR?

MS. WEINSTEIN: SO THE MONEY HASN'T GONE OUT,

AND PART OF THE PROBLEM WAS THAT THE FUNDING WAS GOING THROUGH

DASNY AND THAT WAS REALLY THE ROADBLOCK TO GETTING THIS -- THIS MONEY

OUT. SO THE RFP IS OUT THERE, AND WITH DASNY BEING OUT OF THE

PICTURE THE MONEY SHOULD START TO FLOW.

MR. RA: OKAY. AND IS -- IS THAT ALSO WHY THIS YEAR'S

APPLICATION PROCESS ENDED UP BEING EXTENDED? IT WAS SUPPOSED TO BE

IN MARCH, IT WAS EXTENDED OUT TO JUNE?

MS. WEINSTEIN: YES. YES, THAT'S LARGELY

RESPONSIBLE FOR THAT.

MR. RA: OKAY. AND DO YOU KNOW, ARE THESE VETERAN

SERVICE ORGANIZATIONS BEING NOTIFIED ABOUT THE AVAILABILITY OF THIS GRANT

PROGRAM AND -- AND THAT, YOU KNOW, THE DEADLINE HAS BEEN EXTENDED?

NYS ASSEMBLY MAY 1, 2023

MS. WEINSTEIN: I -- I BELIEVE THAT THE DEPARTMENT

OF VETERAN AFFAIRS IS -- IS NOTIFYING, HAS IN THE PAST AND WILL CONTINUE

TO NOTIFY THE ORGANIZATIONS OF THE AVAILABILITY OF FUNDING.

MR. RA: OKAY. I'M GOING TO TRY TO GET INTO ONE OTHER

TOPIC WITHIN PUBLIC PROTECTION AND GENERAL GOVERNMENT, CRIMINAL

JUSTICE SERVICES. THERE'S $50 MILLION IN FUNDING TO SUPPORT DISCOVERY

IMPLEMENTATION AND PRE-TRIAL SERVICES. DO YOU KNOW HOW DCJS IS

GOING TO DETERMINE WHICH NON-PROFIT ORGANIZATIONS RECEIVE THESE

CAPITAL INVESTMENTS?

MS. WEINSTEIN: WELL, THEY-- STATEWIDE WE DID

HAVE IN LAST YEAR'S BUDGET, SO I THINK DCJS WILL MAKE DETERMINATIONS

AS THEY GET REQUESTS FOR FUNDING.

MR. RA: AND DO YOU KNOW JUST ON THE -- ON THE BACK

END HOW DCJS EVALUATES THE EFFECTIVENESS OF THESE FUNDS WITH THE

NON-PROFIT ORGANIZATIONS THEY'RE PROVIDING THEM TO?

MS. WEINSTEIN: WE'RE -- WE'RE NOT PROVIDING

CRITERIA FOR DCJS, SO THEY WILL DEVELOP THE CRITERIA TO DEAL WITH THE

VARIOUS ORGANIZATIONS IN TERMS OF FUNDING.

MR. RA: THANK YOU VERY MUCH, CHAIR WEINSTEIN.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. RA: SO, I -- I THANK THE CHAIR FOR -- FOR

ANSWERING THE QUESTIONS. OBVIOUSLY, WE HAVE EIGHT MORE BILLS AFTER

THIS ONE TO DO, SO WE WILL HAVE LOTS OF CONVERSATIONS ABOUT THE PIECES

OF THIS BUDGET. BUT JUST A COUPLE OF THINGS AT THE OUTSET HERE. NOW, WE

NYS ASSEMBLY MAY 1, 2023

WENT -- JUST WENT THROUGH THIS BILL. OBVIOUSLY, IF YOU THINK BACK OVER A

MONTH AGO NOW WE PASSED THE DEBT SERVICE BILL AND, YOU KNOW, MANY

TALKED ABOUT OUR DEBT ON OUR STATE. THE COMPTROLLER HAD A REPORT

ABOUT THE IMPACT OF OUR DEBT AND HOW LARGE IT IS, THAT WE'RE SECOND TO

ONLY CALIFORNIA. SO I WOULD ASK MY COLLEAGUES TO KEEP IN MIND THAT

THIS BILL IS WHAT ISSUES A LOT OF THAT DEBT. NOW, ALL DEBT'S NOT BAD.

THERE ARE REASONS WE ISSUE DEBT FOR THINGS THAT ARE -- YOU KNOW, HAVE A

LONG, USEFUL LIFE. AND, YOU KNOW, WE'RE TRYING TO MAKE INVESTMENTS IN

THINGS LIKE OUR INFRASTRUCTURE, BOTH PHYSICAL AND OTHERWISE. I THINK THAT

TERM MEANS SOMETHING VERY DIFFERENT NOW THAN IT DID TEN YEARS AGO OR

20 YEARS AGO WHEN WE START TO TALK ABOUT TECHNOLOGY AND ALL THOSE

TYPES OF THINGS. BUT IT'S SOMETHING I THINK WE ALL NEED TO CONTINUE TO

BE COGNIZANT OF IS OUR DEBT BURDEN. AND IN PARTICULAR, THAT WE

CONTINUE TO ISSUE A LOT OF THIS DEBT THROUGH AUTHORITIES, THROUGH

BACK-DOOR BORROWING. AND OUR TAXPAYERS DO NOT GET THE OPPORTUNITY TO

APPROVE THE VAST, VAST MAJORITY OF IT, AS IS ACTUALLY REQUIRED UNDER OUR

STATE CONSTITUTION.

NOW, RELATIVE TO THIS BUDGET PROCESS AS A WHOLE, WE'RE

A MONTH LATE. I'M GLAD WE'RE HERE, I'M GLAD WE'RE HAVING THE

OPPORTUNITY. WE'RE DEBATING OUR FIRST BUDGET BILL. IT'S ONLY 3 O'CLOCK IN

THE AFTERNOON, SO WE'RE IN THE LIGHT OF DAY, WHICH IS A GOOD THING. BUT

WE'RE STILL RELYING ON A MESSAGE OF NECESSITY, WE'RE STILL HERE DEBATING

AND DISCUSSING AND VOTING ON OUR FIRST BUDGET BILL WITHOUT A FULL

FINANCIAL PLAN OUT THERE, AND I JUST CONTINUE TO THINK WE CAN DO BETTER.

SO, HOPE SPRINGS ETERNAL THAT WE CAN BE MORE TRANSPARENT, WE CAN

NYS ASSEMBLY MAY 1, 2023

MAKE SURE THE PUBLIC KNOWS WHAT'S GOING ON. BUT I HOPE THAT AS WE

GET THROUGH THIS PROCESS WE CONTINUE TO HAVE THESE DISCUSSIONS IN A

WAY THAT WE'RE AWAKE, WE'RE ALERT, AND WE'RE HAVING THE OPPORTUNITY TO

DISCUSS, DEBATE AND MAKE VOTES THAT ARE IN THE BEST INTERESTS OF ALL OF

OUR CONSTITUENTS.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MR. PALMESANO.

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

SPONSOR -- OR THE CHAIRLADY WEINSTEIN YIELD?

ACTING SPEAKER AUBRY: MS. WEINSTEIN, WILL

YOU YIELD?

MS. WEINSTEIN: YES.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. PALMESANO: THANK YOU, MS. WEINSTEIN. I

KIND OF WANT TO TALK ABOUT A COUPLE OF AREAS, IF I COULD. JUST SOME

GENERAL QUESTIONS AND THEN I'LL GET INTO A MAIN TOPIC. THE BUDGET

PROPOSAL FROM THE GOVERNOR WHEN SHE SUBMITTED IT TO US, HAD AN $8.7

BILLION APPROXIMATE SURPLUS, CORRECT? APPROXIMATELY.

(PAUSE)

THAT WASN'T A HARD QUESTION.

(LAUGHTER)

MS. WEINSTEIN: I THINK -- I THINK -- IT MADE ME

THING ABOUT DIFFERENT THINGS. THERE WAS 30 -- OVER $30 BILLION IN

RESERVE.

NYS ASSEMBLY MAY 1, 2023

MR. PALMESANO: OKAY.

MS. WEINSTEIN: IS THAT WHAT YOU'RE TALKING ABOUT?

MR. PALMESANO: YEAH, I WAS JUST TALKING ABOUT

THE GENERAL BUDGET SURPLUS PROJECTED, YOU KNOW, WITH THE GOVERNOR.

MS. WEINSTEIN: YES.

MR. PALMESANO: SO THAT WAS THE NUMBER I HAD.

AND THEN WE'RE ALSO LOOKING AT ABOUT $13 BILLION IN AN ECONOMIC

UNCERTAINTIES FUND, CORRECT?

MS. WEINSTEIN: YES.

MR. PALMESANO: OKAY. AND THEN -- AND THE

CAPITAL PORTION, WE'RE LOOKING AT THE CREST FUNDING OF $385 MILLION

INCREASE ON TOP OF THE CURRENT $385 MILLION INCREASE, CORRECT? FOR A

TOTAL OF 700 MILLION FOR CREST FUNDING?

MS. WEINSTEIN: YES.

MR. PALMESANO: RIGHT? AND THAT'S TOTAL

DISCRETIONARY FUNDING THAT'S GOING TO BE DIVVIED UP BY THE GOVERNOR

AND THE MEMBERS OF THE LEGISLATURE HOW THAT'S ALLOCATED, CORRECT?

MS. WEINSTEIN: THE CREST FUNDING IS 385

MILLION.

MR. PALMESANO: YEAH, A $385 MILLION INCREASE,

RIGHT?

MS. WEINSTEIN: YES.

MR. PALMESANO: OKAY. ON TOP OF THE 385- FROM

CURRENT. OKAY.

MS. WEINSTEIN: OF THE REAPPROPS.

NYS ASSEMBLY MAY 1, 2023

MR. PALMESANO: YES. AND THEN WE HAVE THE

SAM PROGRAM IS A $3.1 BILLION PROGRAM, 2.1 BILLION IS AVAILABLE RIGHT

NOW GIVEN THE BUDGET SITUATION, CORRECT?

MS. WEINSTEIN: THAT'S A REAPPROPRIATION. THERE'S

NO NEW FUNDING.

MR. PALMESANO: RIGHT. OKAY. SO BUT THAT'S ALL

-- ALSO A DISCRETIONARY-FUNDED PROGRAM, CORRECT?

MS. WEINSTEIN: IT'S -- I MEAN, DISCRETIONARY IN THE

SENSE THAT IT ISN'T DELINEATED WITHIN THE CAPITAL BUDGET WHAT THE USE OF

THOSE FUNDS IS FOR, BUT IT IS --

MR. PALMESANO: RIGHT, SO --

MS. WEINSTEIN: -- ALLOCATED BASED ON NEEDS --

MR. PALMESANO: MEMBERS GENERALLY DIRECT HOW

THAT FUNDING IS GOING TO BE ALLOCATED, CORRECT?

MS. WEINSTEIN: MEMBERS, THE SPEAKER AND THE

MAJORITY LEADER --

MR. PALMESANO: AND THE GOVERNOR.

MS. WEINSTEIN: -- MAKE RECOMMENDATIONS AS TO --

AND THE GOVERNOR MAKE RECOMMENDATIONS FOR THE SPENDING OF THAT

CAPITAL FUNDS.

MR. PALMESANO: AND I KNOW THERE'S A -- IT'S NOT

IN THIS BILL, BUT ONE OF THE NEXT BILLS WE'RE GOING TO BE DEALING WITH IS

THE FILM TAX CREDIT IS GOING TO BE EXPANDED TO A $380 MILLION INCREASE

FOR THAT, CORRECT, TO 700 MILLION?

MS. WEINSTEIN: YES. YES, WE'LL HAVE AN

NYS ASSEMBLY MAY 1, 2023

OPPORTUNITY TOMORROW.

MR. PALMESANO: OKAY. I WANT TO TALK ABOUT THE

LOCAL INFRASTRUCTURE, IF WE MAY, LIKE THE CHIPS PROGRAM.

MS. WEINSTEIN: SURE.

MR. PALMESANO: SO RIGHT NOW, YOU KNOW, THIS

YEAR THEY -- THEY TOOK A BIG HIT, YOU KNOW, AS FAR AS ASPHALT PRICES OR --

OR -- EXCUSE ME, FUEL COSTS ARE HIGH -- ARE 260 PERCENT HIGHER, ASPHALT

PRICES ARE 80 PERCENT HIGHER, STEEL COSTS HAVE INCREASED BY 115 PER --

115 PERCENT, A 22 PERCENT CONSTRUCTION INFLATION RATE. I KNOW THIS

BUDGET CALLS FOR A $60 MILLION INCREASE IN THE CHIPS PROGRAM AND A

$40 MILLION IN TOURING ROADS [SIC]. IT WAS ESTIMATED JUST BECAUSE OF

THE INFLATIONARY INCREASE THEY WOULD NEED $270 MILLION BETWEEN

CHIPS AND OTHER LOCAL INFRASTRUCTURE FUNDING TO KIND OF MAKE UP THAT

DIFFERENCE, BUT THIS IS A REALLY -- THAT DOESN'T REALLY GET TO THE POINT OF

THE PROBLEM THERE FROM THAT PERSPECTIVE, DOES IT?

MS. WEINSTEIN: WELL, AS YOU SAY, WE HAVE $100

MILLION TOTAL ABOVE THE GOVERNOR IN CHIPS FUND -- IN CHIPS AND THE

STATE ROUTE [SIC].

MR. PALMESANO: ALL RIGHT. HOW MANY -- HOW

MANY MUNICIPALITIES BENEFIT FROM THE LOCAL TOURING ROADS [SIC]

PROGRAM? ISN'T ABOUT 88 MUNICIPALITIES? LIKE, 56 CITIES, 22 VILLAGES,

TEN TOWNS. IS THAT ABOUT RIGHT?

MS. WEINSTEIN: WELL, THE -- THE STATE ROAD [SIC]

PROGRAM RUNS THROUGH -- THROUGHOUT THE STATE. SO I DON'T -- I COULDN'T

TELL YOU RIGHT NOW HOW MANY SPECIFIC ROADS ARE COVERED.

NYS ASSEMBLY MAY 1, 2023

MR. PALMESANO: I -- I THINK IT'S LIKE 88. AND

THERE'S LIKE 1,500 MUNICIPALITIES THAT BENEFIT FROM THE CHIPS PROGRAM,

RIGHT? EVERY TOWN, MUNICIPALITY, VILLAGE, CITY, COUNTY GETS BENEFITS

FROM THE CHIPS PROGRAM BECAUSE IT'S DONE THROUGH A FORMULA THAT'S

DETERMINED --

MS. WEINSTEIN: YES, EVERY MUNICIPALITY RECEIVES

CHIPS FUNDING.

MR. PALMESANO: RIGHT, BUT THE TOURING ROADS

[SIC], THAT JUST GOES TO A LIMITED NUMBER OF MUNICIPALITIES, CORRECT?

EIGHTY-EIGHT?

MS. WEINSTEIN: IT GOES TO THE -- IT HAS --

MUNICIPALITIES THAT HAVE STATE ROADS --

MR. PALMESANO: RIGHT.

MS. WEINSTEIN: -- GOING THROUGH THEM, SO THEY

ARE STATE ROADS AND SOME OF --

MR. PALMESANO: CORRECT.

MS. WEINSTEIN: -- IT IS REIMBURSEMENT FOR THE

LOCAL SPENDING OF MONEY.

MR. PALMESANO: AND YOU'RE AWARE OF WHAT THE

FEDERAL INFRASTRUCTURE MONEY THAT'S COMING IN, WE'RE SET TO RECEIVE

ABOUT $13.4 BILLION OR A $4.6 BILLION INCREASE OF FEDERAL INFRASTRUCTURE

AID COMING INTO NEW YORK STATE, CORRECT? APPROXIMATELY.

MS. WEINSTEIN: WE -- WE ARE STILL WAITING FOR THAT

INFRASTRUCTURE FUNDING.

MR. PALMESANO: AND THEN THAT -- AND THAT --

NYS ASSEMBLY MAY 1, 2023

UNFORTUNATELY, YOU ARE AWARE THAT MOST OF OUR LOCAL MUNICIPALITIES DO

NOT BENEFIT FROM THAT FUNDING FOR LOCAL INFRASTRUCTURE BECAUSE THEY'RE

NOT ELIGIBLE FOR THAT FEDERAL TRANSPORTATION AID, CORRECT?

MS. WEINSTEIN: I -- THAT -- I CAN'T OFFHAND BE ABLE

TO SAY THAT THAT'S A CORRECT ASSESSMENT.

MR. PALMESANO: OKAY. NOW, I DON'T HAVE IT

HERE, BUT WHAT'S THE MTA NON-CAPITAL? WHAT'S THE MTA OPERATING

ASSISTANCE FROM THE STATE TO THE MTA FOR OPERATING?

MS. WEINSTEIN: $4 BILLION.

MR. PALMESANO: $4 BILLION. OKAY. AND THAT'S

THE -- IS THAT AN INCREASE OVER LAST YEAR OR IS THAT THE SAME AMOUNT?

MS. WEINSTEIN: IT'S AN INCREASE, BUT I DON'T THINK A

DRAMATIC INCREASE OVER THE LAST YEAR. YOU KNOW, THAT'S DEDICATED TAX

REVENUE --

MR. PALMESANO: SURE.

MS. WEINSTEIN: -- SO --

MR. PALMESANO: SURE.

MS. WEINSTEIN: -- NOT -- NOT GENERAL FUNDS.

MR. PALMESANO: JUST GETTING BACK TO THE -- THE

LOCAL INFRASTRUCTURE ASPECT OF IT AND THE INFLATIONARY INCREASES THAT WE

TALKED ABOUT. I MEAN, AGAIN, I'LL REPEAT THEM. ASPHALT -- OR FUEL COSTS,

260 PERCENT HIGHER; ASPHALT, 80 PERCENT HIGHER; AND STEEL COSTS, 115

PERCENT HIGHER. SHOULDN'T WE BE LOOKING -- I MEAN, WE'RE TALKING ABOUT

A MINIMUM WAGE INCREASE TO DEAL WITH INFLATIONARY INCREASES.

SHOULDN'T WE BE DOING THE SAME THING FOR OUR LOCAL GOVERNMENTS

NYS ASSEMBLY MAY 1, 2023

BECAUSE THEY'RE CONSTRAINED BY THIS FUNDING, AND WOULDN'T IT BE BETTER

TO MAKE SOME PARITY WITH OUR MTA FUNDING?

MS. WEINSTEIN: WELL, I MEAN, THAT IS WHY WE

HAVE THE INCREASE IN LOCAL CAPITAL FUNDING FOR CHIPS AND STATE ROADS

[SIC].

MR. PALMESANO: RIGHT.

MS. WEINSTEIN: THE STATE PROGRAM, STATE-FUNDED

ROADS PROGRAM, IN FACT, HAS NOT INCREASED THIS YEAR.

MR. PALMESANO: RIGHT. AND -- AND -- AND GREAT.

I'M VERY, YOU KNOW, EXCITED THERE'S A CHIPS INCREASE OR SHOULD BE --

DON'T BELIEVE IT'S ENOUGH, BUT THAT'S OKAY. I GUESS -- MR. SPEAKER, ON

THE BILL. THANK YOU, MADAM CHAIR, FOR YOUR TIME. I REALLY APPRECIATE

IT.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. PALMESANO: YES, MR. SPEAKER, MY

COLLEAGUES. YOU KNOW, WHEN I LOOK AT THIS CAPITAL BUDGET I GET A LITTLE

FRUSTRATED ON THE LOCAL INFRASTRUCTURE SIDE. YES, THERE'S A CHIPS

INCREASE OF $60 MILLION. IT'S NICE THAT THERE'S AN INCREASE, BUT WE SAID IT

AND I MENTIONED IT BEFORE, THERE'S SIGNIFICANT INFLATIONARY INCREASES THAT

HIT THOSE LOCAL MUNICIPALITIES; A 22 PERCENT CONSTRUCTION INFLATION RATE

INCREASE, FUEL COSTS INCREASED BY 260 PERCENT, ASPHALT COSTS BY 80

PERCENT, STEEL COSTS BY 115 PERCENT. THEY NEEDED 270 MILLION JUST TO

BREAK EVEN. IT'S EATING AWAY AT THEM. AND YET, YOU KNOW, THE FUNDING

FOR THE MTA ALWAYS IS A PRIORITY. AND THEN I THINK I GET MORE

FRUSTRATED, AND I UNDERSTAND WE HAVE DISCRETIONARY FUNDING IN THIS

NYS ASSEMBLY MAY 1, 2023

BUDGET, BUT WE'RE TALKING ABOUT A $385 MILLION INCREASE TO THE CREST

PROGRAM ON TOP OF THE 385 MILLION THAT'S ALREADY IN THERE FOR

DISCRETIONARY FUNDING THAT THE GOVERNOR AND MEMBERS WILL BE ABLE TO

DECIDE, WHICH IS FINE. BUT OUR LOCAL MUNICIPALITIES NEED THAT MONEY,

TOO. WE COULD HELP THEM DRAMATICALLY IF WE PROVIDE SOME OF THIS

ASSISTANCE. WE HAD AN $8.7 BILLION SURPLUS, A $13 BILLION ECONOMIC

UNCERTAINTY FUND. ALL THESES DOLLARS COULD BE HELPFUL, BUT WE'RE

PROVIDING THIS $60 MILLION FOR THE CHIPS PROGRAM. AND I UNDERSTAND

THE TOURING ROADS [SIC] THAT'S GOING TO OUR COMMUNITIES, TOO, BUT THAT

-- THAT'S REALLY GOING THROUGH TO BENEFIT THE, LIKE, THROUGH 88

COMMUNITIES WHEN WE HAVE OVER 1,500 MUNICIPALITIES THAT BENEFIT

FROM THE CHIPS PROGRAM.

YOU KNOW, I TALK ABOUT THIS ISSUE A LOT EVERY YEAR. I

MEAN, THE FACT OF THE MATTER IS OUR LOCAL INFRASTRUCTURE DOESN'T GET THE

ATTENTION IT NEEDS. THE MTA IS ALWAYS A FOCUS. AND I'M NOT -- I DON'T

HAVE A PROBLEM FUNDING THE MTA. THE MTA IS A GOOD PROGRAM. I

MEAN, THEY BENEFIT COMPANIES UPSTATE THAT MAKE MASS TRANSIT AND RAIL

WHICH I HAVE IN MY DISTRICT AND ALSO IN OTHERS. BUT -- AND I UNDERSTAND

THAT THE MTA IS THE LIFEBLOOD OF THE DOWNSTATE TRANSPORTATION

NETWORK, BUT CHIPS IS THE LIFEBLOOD OF OUR UPSTATE TRANSPORTATION

NETWORK. SOMETIMES IT'S THE ONLY FUNDING MUNICIPALITIES RECEIVE AND

THEN TAKE IT ON TOP, EVEN THE MONEY THEY'RE RECEIVING WITH THE

INFLATIONARY INCREASES WE TALKED ABOUT IS NOT GOING TO MAKE AN IMPACT.

EIGHTY-SEVEN PERCENT OF THE ROADS IN NEW YORK STATE ARE OWNED AND

MAINTAINED BY OUR LOCAL MUNICIPALITIES, 52 PERCENT OF THE BRIDGES ARE

NYS ASSEMBLY MAY 1, 2023

OWNED AND MAINTAINED BY LOCAL MUNICIPALITIES, AND 48 PERCENT OF THE

MILES DRIVEN ARE DRIVEN ON OUR LOCAL ROADS. I MEAN, THIS IS A PUBLIC

SAFETY ISSUE, THIS IS AN ECONOMIC DEVELOPMENT ISSUE. AND WHEN WE

TALK ABOUT WE NEED TO BE PROACTIVE, I MEAN, HOW MANY OF US PUT OUR

CHILDREN ON A SCHOOL BUS EVERY DAY, THEY GO OVER A LOCAL BRIDGE. GOD

FORBID ONE OF THOSE BRIDGES WERE TO COLLAPSE, BECAUSE THE STATISTICS

SHOW THAT THERE'S -- THE PAVEMENT CONDITIONS, THE BRIDGE CONDITIONS.

AND THE COMPTROLLER AND OTHERS ARE SAYING THEY'RE NOT DOING VERY WELL

AND THEY NEED ATTENTION. THE NEW YORK STATE ASSOCIATION OF TOWNS

DID A STUDY SAYING THERE'S $2 BILLION THAT ARE NEEDED TO MAKE UP WHERE

WE NEED TO BE. EVEN THE COMPTROLLER DID A REPORT A FEW YEARS AGO

SAYING THERE'S $89 BILLION IN UNMET NEEDS. I MEAN, THERE'S A NEED HERE.

THERE'S -- THERE'S A CRISIS ON OUR LOCAL INFRASTRUCTURE, BUT EVERY YEAR WE

COME BACK, WE HAVE SEVERAL OF OUR HIGHWAY SUPERINTENDENTS THAT COME

UP AND ADVOCATE. EVERYONE SAYS WE'RE ALL FOR IT, BUT WHEN THE BUDGET

COMES AROUND THERE'S NEVER A SIGNIFICANT COMMITMENT ON THIS SIDE AND

THERE NEEDS TO BE, ESPECIALLY WITH THE INFLATIONARY SIDE. THIS IS

SOMETHING THAT WILL CREATE JOBS. THIS IS SOMETHING THAT WILL MAKE AN

IMPACT. BUT IT JUST SEEMS LIKE IT GETS IGNORED. YOU KNOW, EACH -- FOR

EACH $150 MILLION THAT ARE INVESTED IN OUR LOCAL ROADS, BRIDGES AND

CULVERTS IT CREATES 4,200 HIGHWAY CONSTRUCTION JOBS. SO WE CAN HAVE

AN ECONOMIC IMPACT, A SAFETY IMPACT. YOU KNOW, I TALKED ABOUT THE

SCHOOL BUS. HOW MANY -- YOU KNOW, WHEN THAT AMBULANCE OR POLICE

OFFICER IS TRYING TO GET TO A SCENE, IF THERE'S A LOCAL ROAD OR A BRIDGE IS

OUT THAT -- THAT -- THAT CHANGES THE PUBLIC SAFETY CONTENTS. WE CAN DO

NYS ASSEMBLY MAY 1, 2023

BETTER ON THIS ISSUE, MY COLLEAGUES. I JUST DON'T UNDERSTAND WHY EVERY

YEAR WE COME BACK UP HERE AND I HAVE TO BRING THIS UP, AND WE'RE JUST

NOT MAKING THE INVESTMENT AND COMMITMENT IN THE CHIPS PROGRAM

WHICH WILL MAKE AN IMPACT. EVERY DOLLAR WE INVEST IN THE CHIPS

PROGRAM SAVES THE PROPERTY TAXPAYER $1. EVERY DOLLAR INVESTED IN THE

CHIPS PROGRAM SAVES $6 TO $14 IN LONG-TERM REHABILITATION COSTS. WE

HAVE TO DO A BETTER JOB ON THIS. I MEAN, I'D LIKE TO SEE MORE OF A

COMMITMENT FROM THE MAJORITY ON THIS. CERTAINLY WOULD LIKE TO SEE

MORE OF A COMMITMENT FROM THE GOVERNOR ON THIS. BECAUSE WHENEVER

IT INVOLVES THE MTA, YOU KNOW, WHETHER IT'S -- WE GO ALL OUT FOR THE

MTA, BUT THERE'S NEVER NO PARITY WHEN IT COMES TO OUR UPSTATE

INFRASTRUCTURE NETWORK, ESPECIALLY FOR THE CHIPS PROGRAM, AND THEN IT

JUST GETS BORNE ON THE BACK OF TAXPAYERS AND THEN THEY'RE GOING TO GET

HIT MORE AND MORE AND MORE, SO THEY CAN'T DO THE CRITICAL INFRASTRUCTURE

WORK THAT NEEDS TO BE DONE. THIS SHOULD HAVE BEEN MORE

COMMONSENSE MORE THAN EVER IN THIS BUDGET WITH THE SURPLUS WE HAD,

THE ECONOMIC UNCERTAINTY FUNDS WE HAD, BUT YET, IN THE SAME BUDGET

BILL WE'RE INCREASING DISCRETIONARY FUNDING BY $385 MILLION. WE STILL

HAVE THE $2.1 BILLION IN THE SAM FUNDING, BUT YET IN ANOTHER BUDGET

BILL WE'RE GOING TO INCREASE BY $380 MILLION THE FILM TAX CREDITS FOR

HOLLYWOOD TO SUBSIDIZE FILM TAX CREDIT BUT YET WE'RE GOING TO LET OUR

BRIDGES, OUR CULVERTS AND BRIDGES AND ROADS DETERIORATE, AND THAT'S

WHAT'S HAPPENING, BECAUSE THERE'S NOT A STRONG ENOUGH COMMITMENT

FROM THIS GOVERNOR NOR THIS LEGISLATURE, AND WE COULD DO A MUCH

BETTER JOB. SO I MEAN, I -- THE BUDGET IS HERE WHERE IT IS AND I

NYS ASSEMBLY MAY 1, 2023

UNDERSTAND IT. BUT LET'S TRY TO DO A BETTER JOB, LADIES AND GENTLEMEN.

THIS IS ABOUT OUR LOCAL COMMUNITIES, AND QUITE FRANKLY, OUR LOCAL

TAXPAYERS DESERVE TO HAVE SOME OF THEIR TAX -- STATE TAX DOLLARS COME

BACK TO THEIR LOCAL COMMUNITIES TO FIX THEIR ROADS AND BRIDGES.

SO, WE CAN DO -- WE CAN DO A MUCH STRONGER

COMMITMENT ON THIS. UNFORTUNATELY, THIS BUDGET DOESN'T DO IT FOR THIS

YEAR AND THAT'S WHY I'M GOING TO BE VOTING NO. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. ANGELINO.

MR. ANGELINO: THANK YOU, MR. SPEAKER. WOULD

YOU ASK THE CHAIRWOMAN TO YIELD FOR SOME QUESTIONS?

ACTING SPEAKER AUBRY: MS. WEINSTEIN, WILL

YOU YIELD?

MS. WEINSTEIN: YES.

ACTING SPEAKER AUBRY: MS. WEINSTEIN

YIELDS, SIR.

MR. ANGELINO: HELLO, MADAM CHAIR. I'LL BE

TALKING ABOUT THE -- THE CAPITAL BUDGET, SOME OF THE STATE FACILITIES,

CORRECTIONS FACILITIES AND ALSO RIGHT HERE IN THIS BUILDING. AND I GUESS

I'LL START WITH THE EASY ONE. THERE'S A $3 MILLION APPROPRIATION FOR THE

LEGISLATIVE LIBRARY WITHIN THIS BUILDING. IF YOU KNOW, I WOULD LIKE -- I

WAS -- THE QUESTION IS, IS THIS GOING TO BE A MULTI-YEAR PROJECT?

MS. WEINSTEIN: IT -- IT IS -- THE $3 MILLION IS FOR A

-- A MULTI-YEAR PROJECT.

MR. ANGELINO: THANK YOU. AND WILL THE LIBRARY

NYS ASSEMBLY MAY 1, 2023

BE CLOSED OR DISPLACED OR KEEPING OPERATIONS SOMEPLACE ELSE WITHIN

THE BUILDING?

MS. WEINSTEIN: I THINK THAT'S GOING TO BE SUBJECT

TO THEIR PLAN. I THINK THAT IDEALLY THEY WOULD LIKE TO KEEP THE LIBRARY

OPEN AS THE RENOVATIONS TAKE PLACE ON A LIMITED BASIS.

MR. ANGELINO: DO YOU KNOW IF THIS IS -- IT'S

CALLED THE LEGISLATIVE LIBRARY. IS THIS SOMETHING THAT EITHER OUR HOUSE

OR THE PEOPLE DOWN THE HALL ASKED FOR OR DID OGS ASK FOR THIS?

MS. WEINSTEIN: YES.

MR. ANGELINO: YES TO ALL?

MS. WEINSTEIN: YES, TO ALL OF IT. IT'S -- IT'S USED

EXTENSIVELY BY BOTH HOUSES AND THE MEMBERS.

MR. ANGELINO: ALL RIGHT. THANK YOU VERY MUCH,

BECAUSE I DO USE THAT AND IT'S A -- IT'S A GEM OVER THERE AND I COULD SEE

-- I WAS TOLD THE WALLS WERE SUPPOSED TO BE WHITE AND THEY'RE A NICE

PATINA OF TAN.

MS. WEINSTEIN: AND THEY HAVE NICE HISTORICAL

MURALS. I ENCOURAGE PEOPLE TO TAKE -- THERE'S A LITTLE BROCHURE THAT TALKS

ABOUT THE HISTORY OF THE LIBRARY.

MR. ANGELINO: WELL, THANK YOU, MA'AM.

MOVING ON TO A CORRECTIONS PORTION IN THE PUBLIC

PROTECTION, GENERAL GOVERNMENT AREA, I SEE THERE'S ABOUT A 110 MILLION

FOR FACILITY MAINTENANCE AND OPERATIONS, AND THEN A 372 MILLION FOR

MAINTENANCE AND IMPROVEMENT OF EXISTING FACILITIES. IS THERE ANY

NEW-BUILD CONSTRUCTION OR IS THIS RENOVATIONS?

NYS ASSEMBLY MAY 1, 2023

MS. WEINSTEIN: IT -- IT IS FOR ONGOING

IMPROVEMENTS AND CONSTRUCTION OF EXISTING FACILITIES.

MR. ANGELINO: OKAY. BECAUSE ONE WAS CALLED

FACILITY MAINTENANCE AND THE OTHER IS MAINTENANCE AND IMPROVEMENTS.

AND AGAIN, IT'S 109 MILLION FOR ONE AND 372 MILLION FOR THE OTHER.

WHAT -- HOW DO YOU DIFFERENTIATE?

(PAUSE)

MS. WEINSTEIN: I THINK, YOU KNOW, JUST THE

COMMON MEANINGS OF THE WORDS "MAINTENANCE" IS EXISTING FACILITIES TO

KEEP THEM IN THE CONDITION THAT THEY ARE, SHOULD BE, AND

"IMPROVEMENTS" MEANS SOMETHING THAT IMPROVEMENT TO THE FACILITY

MODERNIZATION WERE NEEDED.

MR. ANGELINO: THAT'S FINE. I'M SATISFIED, THANK

YOU. THE -- IS THERE ANYTHING IN THERE -- OVER THE PAST 20 YEARS I THINK

WE'VE CLOSED 15 STATE CORRECTIONAL FACILITIES. IS THERE ANYTHING IN THE

BUDGET ABOUT THE SHUTTERED FACILITIES? WHAT ARE WE DOING WITH THEM?

I KNOW WE'VE TRIED TO SELL SOME, BUT OTHERS ARE JUST SITTING VACANT.

MS. WEINSTEIN: YOU KNOW, CERTAINLY WE SHARE THE

CONCERN ABOUT THE SHUTTERED FACILITIES. YOU KNOW, SOME OF THE ISSUE

RELATES TO FACILITIES BEING OUT OF MUNICIPAL AREAS, BEING MORE ISOLATED

AND -- AND HAVING -- OGS IS HAVING DIFFICULTY FINDING TENANTS WILLING TO

MAKE THE COMMITMENT TO MOVE -- TO TAKE OVER THOSE FACILITIES.

MR. ANGELINO: THANK YOU, MADAM CHAIR.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

NYS ASSEMBLY MAY 1, 2023

MR. ANGELINO: SO JUST DOWN THE HALL IS THE

WONDERFUL LEGISLATIVE LIBRARY, AND I DO USE IT AND I ENCOURAGE OTHERS

TO GO DOWN THERE. IT'S A VERY NICE PORTION, A LOT OF HISTORY IN THERE THAT

EVERY TIME I GO IN THERE I'M USUALLY THERE BY MYSELF WITH LIBRARIANS. I'D

LIKE TO SEE IT USED MORE IF WE'RE INVESTING THIS MONEY INTO IT.

NOW, GOING ON TO THE CORRECTIONAL FACILITY QUESTIONS

THAT I ASKED, SO WE'VE CLOSED SCORES OF FACILITIES OVER THE LAST 20 YEARS.

I -- I HAVE TWO OF THESE CLOSED FACILITIES IN MY DISTRICT. ONE WAS SOLD TO

A PRIVATE DEVELOPER THAT REALLY DIDN'T GO VERY FAR. I DON'T KNOW WHERE

THAT IS NOW; HOPEFULLY IT'S STILL PAYING TAXES. ANOTHER ONE OF THE

FACILITIES WAS A CAMP THAT HAS SAT IDLE FOR 15 YEARS WITH NO

MAINTENANCE. IT'S A BEAUTIFUL FACILITY. IT HAS A CHAPEL, CLASSROOMS,

BARRACKS, KITCHEN. I THINK IT EVEN HAS ITS OWN SEWAGE TREATMENT PLANT.

THIS HAS BEEN SITTING IDLE AND IT'S ROTTING AWAY. CONSTITUENTS DRIVE PAST

IT AND IT'S A MONUMENT TO A WASTE OF MONEY. THESE PLACES AT ONE TIME

EMPLOYED HUNDREDS OF OUR NEIGHBORS AND HAD MULTI-MILLION-DOLLAR

PAYROLLS. AND IT'S JUST -- IT'S A TOUGH PILL TO SWALLOW FOR PEOPLE TO DRIVE

BY. IF -- IF WE HAVE THE MONEY IN THE CAPITAL BUDGET, MAYBE WE JUST

LEVEL IT AND PUT -- MAYBE IT WILL BE MORE MARKET -- MARKETABLE IF IT

WERE AN EMPTY LOT INSTEAD OF A DECAYING FACILITY.

SO I APPRECIATE MADAM CHAIR'S PATIENCE AND I KNOW

SHE'S GOING TO HAVE A LONG DAY. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. SIMPSON.

MR. SIMPSON: THANK YOU, MR. SPEAKER. WOULD

NYS ASSEMBLY MAY 1, 2023

THE CHAIRWOMAN YIELD?

ACTING SPEAKER AUBRY: MS. WEINSTEIN, WILL

YOU YIELD?

MS. WEINSTEIN: YES.

ACTING SPEAKER AUBRY: MS. WEINSTEIN

YIELDS, SIR.

MR. SIMPSON: THANK YOU. MY COLLEAGUE ASKED

QUESTIONS ABOUT CLOSED FACILITIES AND I JUST WANTED TO ASK A QUESTION FOR

CLARITY. SO WE HAVE A RECENTLY-CLOSED FACILITY WITHIN MY DISTRICT IN

ESSEX COUNTY. THIS BUILDING HAS HAD GREAT INVESTMENT BY NEW YORK

STATE, IT'S IN GREAT SHAPE. WE REALLY CAN'T AFFORD TO LET THAT BUILDING JUST

GO UNHEATED, UNMAINTAINED UNTIL SUCH TIME THAT -- UNTIL WE CAN FIGURE

OUT WHAT TO DO WITH IT. IT'S GOING TO REQUIRE A CONSTITUTIONAL

AMENDMENT TO ACTUALLY RELEASE IT FROM THE CONFINES OF THE STATE AND THE

ADIRONDACK PARK TO FIND SOMEONE TO LOCATE THERE. IN THE MEANTIME, IS

THERE ANY FUNDING THAT WILL PRESERVE THIS BUILDING SO IT DOESN'T END UP

LIKE SOME OF THE OTHER FACILITIES MY COLLEAGUE HAS SPOKE ABOUT AND

SOME OF THE OTHER HIGHER PROFILE COMMUNITIES LIKE IN SARATOGA COUNTY,

THAT BASICALLY IT'S -- IT'S A DANGEROUS PLACE TO EVEN BE.

MS. WEINSTEIN: WELL, SPECIFICALLY TO YOUR

QUESTION ABOUT THAT FACILITY I COULDN'T GIVE YOU EXACT INFORMATION. BUT

OGS DOES WORK WITH THE -- THE EDC TO TRY AND FIND APPROPRIATE

TENANTS TO COME UP WITH IDEAS FOR HOW TO CONVERT SOME -- SOME OF

THESE FACILITIES. THERE HAVE BEEN SOME THAT HAVE BEEN CONVERTED TO

HOUSING AND OTHERS LOOKING -- EDC LOOKING TO TRY AND ATTRACT A TENANT

NYS ASSEMBLY MAY 1, 2023

THAT WOULD BE APPROPRIATE. SO CERTAINLY WE CAN TALK SEPARATELY ABOUT

YOUR -- THAT FACILITY IN ESSEX BUT I DON'T HAVE ANY PARTICULAR

INFORMATION.

MR. SIMPSON: SO, AS I SAID, THE REAL CONCERN IS

THERE IS SOMEBODY THERE. I'M NOT SURE IF THEY'RE CORRECTIONS STAFF OR IF

IT'S OGS THAT'S MAINTAINING IT, KEEPING THE LIGHTS ON, KEEPING, YOU

KNOW, THINGS FROM DETERIORATING, BUT IT'S IN THE ADIRONDACK PARK WHERE

WE SEE EXTREME WEATHER.

MS. WEINSTEIN: YOU KNOW, THE GOVERNOR, AS

YOU'RE PROBABLY AWARE, LAST YEAR LAUNCHED A PRISON REDEVELOPMENT

COMMISSION WITH -- THEY HAVE A PANEL OF EXPERTS ACROSS THE -- THE STATE

REGARDING ECONOMIC DEVELOPMENT, CRIMINAL JUSTICE REFORM AND

TRYING TO EXAMINE AND COME UP WITH IDEAS TO HOW TO REPURPOSE THE

SHUTTERED CORRECTIONAL FACILITIES.

MR. SIMPSON: OKAY, THANK YOU.

MS. WEINSTEIN: HOPEFULLY THAT COMMISSION IS

CONTINUING TO -- TO WORK AND TRYING TO COME UP FOR IDEAS HOW TO

DEVELOP THESE -- THE PRISONS.

MR. SIMPSON: OKAY, THANK YOU.

ON THE BILL, MR. SPEAKER.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. SIMPSON: CLEARLY WE -- EVEN AT THIS TIME AFTER

WE'VE MADE THE DECISION TO CLOSE A PRISON THAT REALLY HAS A HUGE IMPACT

ON OUR COMMUNITIES ECONOMICALLY, ALSO THEY HAVE THESE EMPTY STATE

BUILDINGS AND I'M DISAPPOINTED THAT IT'S BEEN MONTHS AND MONTHS SINCE

NYS ASSEMBLY MAY 1, 2023

THIS FACILITY HAS BEEN CLOSED. AND I HAVEN'T BEEN ABLE TO GET A CLEAR

ANSWER ON HOW WE'RE EVEN GOING TO EVEN PRESERVE THE BUILDING THAT IS

THERE FROM DETERIORATING SHOULD WE FIND A SUITABLE TENANT TO COME IN

THERE. FOR THAT REASON I'M GOING TO VOTE NO ON THIS BILL. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. GOODELL.

MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD

THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MS. WEINSTEIN, WILL

YOU YIELD?

MS. WEINSTEIN: YES.

ACTING SPEAKER AUBRY: MS. WEINSTEIN

YIELDS.

MR. GOODELL: THANK YOU, MS. WEINSTEIN, AND

THANK YOU BY THE WAY FOR ALL YOUR ANSWERS TO OUR QUESTIONS. YOU

NOTED EARLIER THAT THIS BILL CONTEMPLATES AN ADDITIONAL 9.8 BILLION IN

DEBT. HOW MUCH OF THAT DEBT HAS BEEN APPROVED BY THE VOTERS?

(PAUSE)

MS. WEINSTEIN: RIGHT, SO 6 PERCENT OF THIS DEBT IS

GENERAL OBLIGATION DEBT.

MR. GOODELL: I SEE. SO 94 PERCENT HAS NOT BEEN

APPROVED BY THE VOTERS IF YOUR NUMBERS ARE CORRECT.

MS. WEINSTEIN: WELL, IT'S SALES TAX AND PIT.

MR. GOODELL: SO THAT'S THE AMOUNT. YOU SAID 94

PERCENT IS THEN BACKED BY SALES TAX REVENUES AND PERSONAL INCOME TAX

NYS ASSEMBLY MAY 1, 2023

REVENUES?

MS. WEINSTEIN: YES.

MR. GOODELL: I SEE. AND OF THAT 94 PERCENT OF

THE DEBT THAT'S BACKED BY THE PERSONAL INCOME TAX OR SALES TAX REVENUE,

HOW MUCH OF IT IS ISSUED BY ON OR ON BEHALF OF THE STATE? IS IT ALL

ISSUED ON BEHALF OF THE STATE?

MS. WEINSTEIN: ALL OF IT, YES.

MR. GOODELL: AND SO THE CONSTITUTION, AS YOU

KNOW, SAYS THAT ANY DEBT THAT'S ISSUED BY OR ON BEHALF OF THE STATE

REQUIRES VOTER APPROVAL. HOW COME WE DON'T HAVE ANY VOTER APPROVAL

IF ALL THIS DEBT IS ISSUED BY OR ON BEHALF OF THE STATE?

MS. WEINSTEIN: HAVING, YOU KNOW, RESEARCHED

THE CAPITAL -- RATHER THE COURT OF APPEALS DECISION RELATING TO THIS WE'RE

SATISFIED THAT WE DO NOT NEED VOTER APPROVAL.

MR. GOODELL: I SEE. I NOTE THAT ON PAGE 114 AND

115 OF THIS BUDGET BILL THERE'S AN APPROPRIATION FOR COMPETITIVE GRANTS

TO PROVIDE SAFETY AND SECURITY PROJECTS AT NON-PROFIT ORGANIZATIONS.

AND IT LOOKS LIKE IT'S MAYBE A -- IT LOOKS LIKE 35 MILLION, 50 MILLION, NO

I'M SORRY, 35 MILLION, RIGHT? THAT'S ON PAGE 115. I ALSO NOTE THOUGH

THAT ARTICLE VII, SECTION 8 OF THE NEW YORK STATE CONSTITUTION STATES

AND I QUOTE, "THE MONEY OF THE STATE SHALL NOT BE GIVEN OR LOANED TO OR

IN AID OF ANY PRIVATE CORPORATION OR ASSOCIATION; NOR SHALL THE CREDIT

OF THE STATE BE GIVEN OR LOANED TO OR IN AID OF ANY INDIVIDUAL, OR PUBLIC

OR PRIVATE CORPORATION OR ASSOCIATION." AND THEN IT HAS A COUPLE OF

EXCEPTIONS THAT ARE LISTED. WHAT EXCEPTION DOES THIS FALL UNDER?

NYS ASSEMBLY MAY 1, 2023

(PAUSE)

MS. WEINSTEIN: IT'S OVERSEEN BY THE DEPARTMENT

OF CORRECTIONS -- I'M SORRY, DCJS CRIMINAL JUSTICE.

MR. GOODELL: WELL, I UNDERSTAND BUT THESE FUNDS

ARE GOING DIRECTLY TO NON-PROFIT CORPORATIONS OR ASSOCIATIONS, CORRECT?

MS. WEINSTEIN: YES.

MR. GOODELL: IS 35 MILLION GOING TO

NON-FOR-PROFIT CORPORATIONS?

MS. WEINSTEIN: YES.

MR. GOODELL: AND THE STATE CONSTITUTION SAYS NO

MONEY OF THE STATE SHALL BE GIVEN OR LOANED TO ANY NOT-FOR-PROFIT OR

PRIVATE ORGANIZATION WITH CERTAIN EXCEPTIONS. I READ THROUGH THE

EXCEPTIONS, I DIDN'T SEE ONE THAT APPLIED. DID I MISS SOMETHING?

WHAT EXCEPTION WOULD AUTHORIZE AS EXPENDITURE

CONSISTENT WITH ARTICLE VIII, SECTION -- I'M SORRY ARTICLE VII, SECTION 8

OF THE CONSTITUTION?

MS. WEINSTEIN: WE BELIEVE, YOU KNOW, AGAIN -- I

JUST WOULD TELL YOU THAT WE BELIEVE THAT IT IS WITHIN THE DECISION OF THE

SCHULZ CASE TO ALLOW THAT THESE PAYMENTS ARE ALLOWED.

MR. GOODELL: WELL, THE SCHULZ CASE --

MS. WEINSTEIN: BECAUSE, YOU KNOW, THEY ARE

PROVIDING SERVICES TO THE STATE AND FOR OUR CITIZENS AND WE'VE ENTERED

INTO AGREEMENTS TO ALLOW THEM TO DO THAT.

MR. GOODELL: WELL, THE SCHULZ CASE DEALT WITH

THE BORROWING PROVISIONS. THIS DEALS WITH THE EXPENDITURE PROVISIONS,

NYS ASSEMBLY MAY 1, 2023

DIFFERENT SECTION OF THE CONSTITUTION. I DON'T THINK THE SCHULZ CASE

DEALT WITH ARTICLE VII, SECTION 8, DID IT?

I BELIEVE THE SCHULZ DECISION DEALT WITH ARTICLE VII --

ARTICLE VII, SECTION 11, NOT SECTION 8.

MS. WEINSTEIN: THIS IS FUNDING FOR COMMUNITIES

WHERE THERE ARE VIOLENT CRIMES, THESE HAVE GONE TO ORGANIZATIONS THAT

ARE HIGH RISK OF HATE CRIMES OR ATTACKS, YOU KNOW, SO THIS IS FUNDING

THAT HAS GONE TO SYNAGOGUES AND CHURCHES, TOO, AND MOSQUES FOR

CRIMINAL JUSTICE IMPROVEMENTS TO HARDEN THEIR FACILITIES AND, YOU

KNOW, ARE -- WE BELIEVE THAT THIS IS CONSTITUTIONAL AND IT'S BEEN FUNDING

THAT HAS HAPPENED OVER THE YEARS AND HAS NOT BEEN CHALLENGED IN THE

COURTS AS BEING INAPPROPRIATE.

MR. GOODELL: OKAY. I SEE THAT THE LANGUAGE SAYS

THAT 10 MILLION SHALL BE MADE AVAILABLE FOR NOT-FOR-PROFIT REPRODUCTIVE

HEALTH CENTERS. I ASSUME THAT IT WOULD OF COURSE INCLUDE PRO-ABORTION

CENTERS, BUT WOULD IT ALSO INCLUDE PRO-LIFE CENTERS SINCE THEY ARE BOTH

SUBJECT TO THESE KINDS OF THREATS?

MS. WEINSTEIN: FUNDING WOULD BE APPLIED FOR SO

FOR ANY FACILITY THAT TALKS -- THAT COMES WITHIN THIS DEFINITION OF

REPRODUCTIVE HEALTH CENTER COULD APPLY FOR FUNDING.

MR. GOODELL: THANK YOU. MY COLLEAGUE NOTED

THAT THERE WAS ANOTHER 385 MILLION APPROPRIATED FOR THE COMMUNITY

RESILIENT ECONOMIC SUSTAINABILITY AND TECHNOLOGY PROGRAM.

MS. WEINSTEIN: CORRECT.

MR. GOODELL: THAT'S IN ADDITION TO THE 385- THAT'S

NYS ASSEMBLY MAY 1, 2023

BEING RE-APPROPRIATED, CORRECT?

MS. WEINSTEIN: YES.

MR. GOODELL: AND THAT STATUTORY LANGUAGE WHICH

IS ON PAGE 1,108, STARTING ON LINE 25 SAYS FUNDING UNDER THIS

APPROPRIATION SHALL BE PURSUANT TO A PLAN AGREED TO BY THE DIRECTOR OF

THE BUDGET, SPEAKER OF THE ASSEMBLY AND PRESIDENT PRO TEMP OF THE

SENATE. SO ARE WE APPROPRIATING BETWEEN THESE TWO PROGRAMS

TWO-THIRDS OF $1 BILLION TO BE ALLOCATED WITHOUT ANY LEGISLATIVE

OVERSIGHT? THAT PLAN DOES NOT HAVE TO BE APPROVED BY THE LEGISLATURE,

CORRECT?

MS. WEINSTEIN: IT DOESN'T HAVE TO BE APPROVED BY

THE LEGISLATURE PER SE, BUT I WOULD SAY THAT THE SPEAKER AND THE

MAJORITY LEADER OF THE SENATE CERTAINLY ARE LEGISLATORS AND ACT ON

BEHALF OF OUR BODIES, OUR RESPECTIVE BODIES.

MR. GOODELL: BUT OF COURSE AS YOU AND I BOTH

KNOW THEY RAN FROM THE SAME SIZE LEGISLATIVE DISTRICT AS I DID AND AS

YOU DID AND THEY ONLY HAVE ONE VOTE ON THE FLOOR BUT WE'RE GIVING

THEM AUTHORITY THIS YEAR OVER MORE THAN TWO-THIRDS OF A $1 BILLION

WITHOUT ANY PLAN. IS THERE A PLAN IN PLACE BY THE WAY? HAVE THEY

ALREADY WRITTEN A PLAN?

MS. WEINSTEIN: THERE IS NO PLAN BUT CERTAINLY

MEMBERS WHO DID NOT WANT TO ACCEPT THIS FUNDING BECAUSE OF HOW IT IS

-- HOW IT IS PRESENTED IN THE BUDGET DON'T HAVE TO SUBMIT PROJECT --

CAPITAL PROJECTS THEY WOULD LIKE TO HAVE FUNDED IN THEIR DISTRICT.

MR. GOODELL: FOR SURE. NOW THIS OF COURSE IS THE

NYS ASSEMBLY MAY 1, 2023

SECOND YEAR THAT WE'VE HAD THIS APPROPRIATION AND THE LEGISLATION LAST

YEAR CALLED FOR A PLAN. IS THAT PLAN IN WRITING OR IS IT AD HOC?

MS. WEINSTEIN: IT IS A PLAN THAT IS RESOLVED AND

WORKED ON BETWEEN THE LEGISLATURE, THE DIVISION OF THE BUDGET AND

DASNY PROJECTS I'M AWARE OF FROM MEMBERS OF OUR HOUSE ARE VETTED

BY OUR -- BY OUR WAYS AND MEANS STAFF PRIOR TO THEIR BEING MOVED ON

TO -- TO ACTUAL -- ACTUAL FUNDING.

MR. GOODELL: OKAY. IS THIS PLAN AVAILABLE TO THE

PUBLIC? IS IT OPEN AND AVAILABLE FOR EVERYONE TO REVIEW AND COMMENT

ON OR IS IT DEVELOPED -- I MEAN THE STATUTE ONLY PROVIDES THREE PEOPLE

TO DO IT. IT'S JUST THOSE THREE OR IS IT --

MS. WEINSTEIN: SINCE NO FUNDING HAS BEEN

PROVIDED THROUGH THIS PLAN THERE IS NO PLAN.

MR. GOODELL: THERE ISN'T A NEED FOR THE PLAN

SINCE NO MONEY IS SET ASIDE.

MS. WEINSTEIN: YES, RIGHT.

MR. GOODELL: NOW OF COURSE THE MAJORITY HAS

ALWAYS BEEN VERY SENSITIVE TO BEING FAIR AND EQUITABLE TO MINORITIES

ACROSS THE STATE AND WE HAVE MULTIPLE LEGISLATIVE INITIATIVES IN THAT

REGARD. IS IT FAIR TO EXPECT THAT THESE FUNDS WILL BE ALLOCATED ON AN

EQUITABLE BASIS BETWEEN THE MAJORITY AND THE MINORITY?

MS. WEINSTEIN: IT'S THE -- THE FUNDING IS ALLOCATED

ON A -- IT'S NOT ALLOCATED ON A SET FORMULA.

MR. GOODELL: NO, I UNDERSTAND THAT BUT I MEAN

REFLECTING THE FACT THAT THE REPUBLICANS REPRESENT ROUGHLY ONE-THIRD OF

NYS ASSEMBLY MAY 1, 2023

THE STATE POPULATION, CAN WE REASONABLY ANTICIPATE THAT IF IT'S SPREAD

EQUALLY BETWEEN THE SENATE AND THE ASSEMBLY AND THEN SUBSEQUENTLY

ALLOCATED ONE-THIRD THE REPUBLICANS, TWO-THIRDS THE DEMOCRATS, THAT

THE REPUBLICANS OUGHT TO BE LOOKING AT 61.4 MILLION OUT OF THIS FUND?

IS THAT PART OF THE DISCUSSION ABOUT BEING EQUITABLE TO MINORITIES AS

WELL?

MS. WEINSTEIN: I -- I CANNOT TELL YOU HOW THIS

FUNDING WILL BE SPENT IN THE FUTURE BUT CERTAINLY ANY MEMBER OF OUR

HOUSE OR THE SENATE CAN SUBMIT A PROPOSAL FOR THE -- FOR CAPITAL

FUNDING AND THAT WOULD BE EVALUATED.

MR. GOODELL: THANK YOU VERY MUCH.

ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL.

MR. GOODELL: THANK YOU VERY MUCH. OBVIOUSLY

I HAVE DEEP CONCERNS ON THE CONSTITUTIONALITY OF VARIOUS ASPECTS OF THIS

BECAUSE WE'RE ALLOCATING LITERALLY MILLIONS OF DOLLARS OF STATE MONEY TO

NON-FOR-PROFITS WHEN THE STATE CONSTITUTION IS VERY CLEAR THAT WE ARE

NOT TO USE THE STATE TREASURY AND THE TAXPAYERS AS A PERSONAL PIGGYBANK

TO FUND NOT-FOR-PROFITS THROUGH OTHERS. AND THERE ARE CERTAIN

EXCEPTIONS OF COURSE. BUT I DIDN'T HEAR WHAT THOSE EXCEPTIONS WERE IN

TERMS OF THIS PARTICULAR LANGUAGE. AND SO THAT'S A CONCERN TO US AND

OBVIOUSLY THE STATE CONSTITUTION HAS RESTRICTIONS ON BORROWING AND IT

SAYS THAT ANY MONEY THAT'S BORROWED BY OR ON BEHALF OF THE STATE NEEDS

VOTER APPROVAL, AND WE'RE TOLD THAT WE HAVE 9.8 BILLION OF ADDITIONAL

BORROWING IN THIS, THAT THIS BUDGET INCLUDES A GUARANTEE, IF YOU WILL, OF

NYS ASSEMBLY MAY 1, 2023

TAXPAYER MONEY THROUGH THE SALES TAX ALLOCATION AND PERSONAL INCOME

TAX ALLOCATION BUT THERE'S NO VOTER APPROVAL. WELL, WE'VE DONE THAT LOTS

IN THE PAST AND SO WE'RE GOING TO CONTINUE IT. IT CERTAINLY VIOLATES THE

SPIRIT IF NOT THE LETTER OF THE LAW. WE'RE ASKED TO APPROVE ONE-THIRD OF

$1 BILLION IN DISCRETIONARY FUNDING TO BE DECIDED UPON BY THE DIRECTOR

OF THE BUDGET, THE SPEAKER OF THE ASSEMBLY AND THE PRESIDENT PRO

TEMP OF THE SENATE WITH NO INPUT WHATSOEVER IN THE STATUTE FROM THE

MINORITY. AND WE DON'T EVEN GET AN INFORMAL COMMITMENT THAT THE

ONE-THIRD OF THE STATE THAT'S REPRESENTED BY THE MINORITY WILL BE TREATED

FAIRLY.

AS MY COLLEAGUE MENTIONED, THIS BUDGET PROVIDES $1

BILLION IN TAX CREDITS FOR WEALTHY HOLLYWOOD MILLIONAIRES AND THOSE

ENGAGED IN THEATER PRODUCTIONS IN NEW YORK CITY, $1 BILLION. AND WE

MODIFIED THE LANGUAGE TO MAKE SURE THAT YOU CAN QUALIFY FOR THIS TAX

CREDIT EVEN THOUGH YOU'RE MAKING A HALF A MILLION DOLLARS. YEAH, WE'RE

NOT HERE HELPING THE POOR. THIS TAX CREDIT HELPS THE FILTHY RICH. BUT

WHAT ARE WE DOING TO HELP MUNICIPALITIES DEAL WITH THE FACT THAT OUR

LOCAL BUSINESSES ACROSS THE STATE, NOT JUST THE ONES THAT MAKE A FANCY

FILM WITH MULTI-MILLIONAIRES IN NEW YORK CITY ONCE IN A WHILE OR

ELSEWHERE. NO TAX CREDIT FOR THOSE FOLKS. TOO BAD. I THINK WE CAN DO

BETTER AND I LOOK FORWARD TO DOING BETTER IN THE FUTURE, MR. SPEAKER,

THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MS. WALSH.

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

NYS ASSEMBLY MAY 1, 2023

WEINSTEIN YIELD?

ACTING SPEAKER AUBRY: MS. WEINSTEIN, WILL

YOU YIELD?

MS. WEINSTEIN: YES.

ACTING SPEAKER AUBRY: SPONSOR YIELDS,

MA'AM.

MS. WALSH: THANK YOU VERY MUCH. MY QUESTIONS

ARE GOING TO BE SURROUNDING THE COMMUNITY MENTAL HEALTH FACILITIES.

SO LAST YEAR THERE WAS A BUDGET ITEM FOR $35 MILLION ON THIS PARTICULAR

TOPIC AND THIS YEAR IT'S GONE UP TO $1 BILLION. AND WE KNOW THAT THERE

WAS A LOT OF DISCUSSION THROUGHOUT ALL OF OUR BUDGET HEARINGS AND

REALLY FRANKLY I MEAN IN THIS CHAMBER WE'VE SPOKEN QUITE A BIT ABOUT

THE NEED FOR INCREASING SUPPORTS FOR INDIVIDUALS WITH MENTAL HEALTH

NEEDS. AND I'M VERY SUPPORTIVE OF THAT. I JUST -- MY QUESTIONS HAVE TO

DO WITH HOW IT'S WORDED AND HOW IT WILL BE IMPLEMENTED. SO FROM

WHAT I CAN SEE IT SAYS IT WILL BE FOR MUNICIPALITIES AND NON-FOR-PROFIT

AGENCIES FOR INCREASED SUPPORT AND EXPANSION OF INTENSIVE CRISIS

STABILIZATION CENTERS, INTENSIVE MOBILE TREATMENT, LOW BARRIER HOUSING,

SUPPORTIVE AND REENTRY TRANSITIONAL HOUSING AND INPATIENT ALTERNATIVES

TO DETENTION AND TREATMENT; IS THAT CORRECT?

MS. WEINSTEIN: YES, YES.

MS. WALSH: AND THAT'S A LOT AND THAT'S A WIDE

RANGE OF SERVICES AND THAT COULD BE -- THAT COULD BE GREAT. IS THERE

ANYTHING THOUGH IN THE BILL THAT TALKS ABOUT OUT OF THOSE HOW THIS $1

BILLION IS GOING TO BE APPORTIONED? BECAUSE I MEAN WE KNOW THAT IN

NYS ASSEMBLY MAY 1, 2023

THIS -- I MEAN IT'S A $229 BILLION BUDGET, I GUESS WHAT'S 1 BILLION BUT IT'S

A LOT OF MONEY SO HOW IS IT GOING TO BE SPENT?

MS. WEINSTEIN: SO SOME PORTION IS FOR CAPITAL

INVESTMENT TO -- FOR NEW UNITS AND OTHERS ARE FOR THE -- IN THE

APPROPRIATION TO SUPPORT EXISTING FACILITIES.

MS. WALSH: BUT IN THE BILL ITSELF CHAIRWOMAN, IS IT

BROKEN DOWN AS FAR AS DIFFERENT TYPES OF STRATEGIES AND WHAT PORTION OF

THE 1 BILLION EACH THING WILL BE GETTING OR IS IT -- HOW IS IT GOING TO BE

DECIDED?

MS. WEINSTEIN: THERE'S 60 MILLION FOR STEP-DOWN

FACILITIES, THERE'S FUNDING FOR -- SPECIFICALLY FOR 1,000 NEW -- NEW UNITS,

1,000 NEW UNITS IN CAPITAL AND THEN ALSO SUPPORT IN THE 1,000 UNITS IN

THE AID TO LOCALITIES BUDGET.

MS. WALSH: OKAY, VERY GOOD. AND ARE THERE

CERTAIN CRITERIA FOR APPLYING FOR THESE FUNDS OR IS THIS BEING DONE ON A

-- ON AN AWARDED GRANT BASIS OR HOW IS THIS GOING TO BE DECIDED?

MS. WEINSTEIN: I BELIEVE IT WILL BE THROUGH RFPS.

MS. WALSH: THROUGH RFPS, OKAY. AND IS THERE

ANY PROVISION IN THE BILL LANGUAGE OR ANY THOUGHT BEHIND HOW THIS $1

BILLION IN MENTAL HEALTH FACILITY, COMMUNITY MENTAL HEALTH FACILITY

MONEY WILL BE SPREAD OUT THROUGHOUT THE STATE EITHER IN PERCENTAGE OR

IN ANY OTHER MANNER.

MS. WEINSTEIN: WELL, I BELIEVE THAT THERE ARE

STAKEHOLDER MEETINGS HAPPENING AS WE SPEAK TO HELP DETERMINE HOW

THIS FUNDING WILL BE ALLOCATED, BUT CERTAINLY IT WOULD BE OUR INTENTION

NYS ASSEMBLY MAY 1, 2023

THAT IT BE SPREAD AROUND THE STATE BASED ON -- ON THE NEED AND SPECIFIC

COMMUNITIES.

MS. WALSH: AND CHAIRWOMAN, WHO -- WHO WILL BE

THE -- WHO WILL BE MAKING THE DECISIONS ABOUT WHO IS GOING TO GET THIS

MONEY AND HOW MUCH AND WHERE THROUGHOUT THE STATE?

MS. WEINSTEIN: THE COMMISSIONER WILL BE.

MS. WALSH: THE COMMISSIONER...

MS. WEINSTEIN: MENTAL HEALTH ULTIMATELY WILL BE.

MS. WALSH: THE COMMISSIONER OF MENTAL HEALTH,

OKAY, VERY GOOD. THANK YOU VERY MUCH, MR. SPEAKER. THANK YOU,

CHAIR.

ACTING SPEAKER AUBRY: THANK YOU.

(PAUSE)

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: A PARTY VOTE HAS

BEEN REQUESTED.

MR. GOODELL.

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

REPUBLICAN CONFERENCE IS GENERALLY OPPOSED TO THIS, BUT WITH ANY BILL

THAT RUNS 1,200 PAGES THERE'S SOME THAT MAY WISH TO VOTE IN FAVOR OF IT.

AND IF SO THEY CAN DO SO HERE ON THE FLOOR. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

NYS ASSEMBLY MAY 1, 2023

SPEAKER. THE MAJORITY CONFERENCE IS ECSTATIC TO HAVE THIS OPPORTUNITY

TO BEGIN VOTING ON OUR BUDGET PROCESS AND SO WE GENERALLY ARE GOING TO

BE IN FAVOR OF THIS FIRST BUDGET BILL. HOWEVER, THERE MAY BE A FEW THAT

WILL DECIDE TO DISSENT AND THEY CERTAINLY SHOULD BY PRESSING THEIR

BUTTON AT THEIR DESK.

ACTING SPEAKER AUBRY: THANK YOU, MA'AM.

THE CLERK WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. OTIS TO EXPLAIN HIS VOTE

MR. OTIS: THANK YOU, MR. SPEAKER. I JUST WANT TO

HIGHLIGHT THAT IN THIS BUDGET BILL IS CONTAINED A NEW $500 MILLION IN

FUNDING FOR CLEAN WATER PROJECTS AROUND THE STATE, THE WIOA PROGRAM

WHICH I THINK EVERYONE HERE IS FAMILIAR WITH IS GIVING OUT IN ITS LIFE

OVER $2.6 BILLION IN GRANTS TO LOCAL WATER PROJECTS. THIS BUDGET BILL

ALSO INCLUDES MONEY FROM THE BOND ACT OF 250 MILLION FOR NEW STORM

WATER GRANT PROGRAM, AN ADDITIONAL 200 MILLION FOR CLEAN WATER

PROJECTS. SO THERE IS GOOD FUNDING HERE FOR CLEAN WATER THAT SHOULD

HELP EVERY DISTRICT REPRESENTED IN THIS HOUSE AND SO I WILL BE VOTING

AYE FOR THAT REASON AND FOR THE MANY OTHER GOOD REASONS AND THINGS

THAT ARE IN THIS BILL, THANK YOU.

ACTING SPEAKER AUBRY: MR. OTIS IN THE

AFFIRMATIVE.

MR. JACOBSON TO EXPLAIN HIS VOTE.

MR. JACOBSON: THANK YOU, MR. SPEAKER. I AM

VOTING IN THE AFFIRMATIVE FOR THIS BUDGET BILL. THERE ARE MANY GREAT

NYS ASSEMBLY MAY 1, 2023

PROJECTS THAT WILL BE FUNDED. ONE THAT MANY OF YOU WOULD BE HAPPY TO

KNOW, EVEN THOUGH INSTEAD OF VOTING AGAINST IT, THERE'S $15 MILLION FOR

THE COUNTY BOARDS OF ELECTION SO THEY CAN UPDATE THEIR VOTING

MACHINES, THE ABSENTEE VOTING SCANNERS, THEIR MAIL PROCESSING AND ALSO

TO UPDATE THE SOFTWARE FOR SECURITY AND CONNECTIVITY OF THE SYSTEM. SO

THIS IS REALLY GREAT. IT WILL BE ALLOCATED ACCORDING TO THE NUMBER OF

PEOPLE THAT ARE REGISTERED IN EACH COUNTY AND IT'S SOMETHING THAT YOU

SHOULD CONSIDER, BECAUSE I KNOW THAT EVEN THOSE THAT VOTE AGAINST IT

WILL BE ABLE TO TAP THIS AS AN ACCOMPLISHMENT. SO I VOTE IN THE

AFFIRMATIVE. I THANK THE CHAIR OF THE WAYS AND MEANS COMMITTEE FOR

DOING A FABULOUS JOB AND FOR ALL OF US FOR PASSING THIS CAPITAL BUDGET,

THANK YOU.

ACTING SPEAKER AUBRY: ARE THERE ANY OTHER

VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 4, RULES REPORT NO. 125, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A03005-C, RULES

REPORT NO. 125, BUDGET BILL. AN ACT TO AMEND CHAPTER 887 OF THE

LAWS OF 1983, AMENDING THE CORRECTION LAW RELATING TO THE

PSYCHOLOGICAL TESTING OF CANDIDATES, IN RELATION TO THE EFFECTIVENESS

THEREOF; TO AMEND CHAPTER 428 OF THE LAWS OF 1999, AMENDING THE

EXECUTIVE LAW AND THE CRIMINAL PROCEDURE LAW RELATING TO EXPANDING

THE GEOGRAPHIC AREA OF EMPLOYMENT OF CERTAIN POLICE OFFICERS, IN

RELATION TO EXTENDING THE EXPIRATION OF SUCH CHAPTER; TO AMEND CHAPTER

NYS ASSEMBLY MAY 1, 2023

886 OF THE LAWS OF 1972, AMENDING THE CORRECTION LAW AND THE PENAL

LAW RELATING TO PRISONER FURLOUGHS IN CERTAIN CASES AND THE CRIME OF

ABSCONDING THEREFROM, IN RELATION TO THE EFFECTIVENESS THEREOF; TO

AMEND CHAPTER 261 OF THE LAWS OF 1987, AMENDING CHAPTERS 50, 53

AND 54 OF THE LAWS OF 1987, THE CORRECTION LAW, THE PENAL LAW AND

OTHER CHAPTERS AND LAWS RELATING TO CORRECTIONAL FACILITIES, IN

RELATION TO THE EFFECTIVENESS THEREOF; TO AMEND CHAPTER 55 OF THE LAWS

OF 1992, AMENDING THE TAX LAW AND OTHER LAWS RELATING TO TAXES,

SURCHARGES, FEES AND FUNDING, IN RELATION TO EXTENDING THE EXPIRATION

OF CERTAIN PROVISIONS OF SUCH CHAPTER; TO AMEND CHAPTER 339 OF THE

LAWS OF 1972, AMENDING THE CORRECTION LAW AND THE PENAL LAW

RELATING TO INMATE WORK RELEASE, FURLOUGH AND LEAVE, IN RELATION TO THE

EFFECTIVENESS THEREOF; TO AMEND CHAPTER 60 OF THE LAWS OF 1994

RELATING TO CERTAIN PROVISIONS WHICH IMPACT UPON EXPENDITURE OF

CERTAIN APPROPRIATE ACTIONS MADE BY CHAPTER 50 OF THE LAWS OF 1994

ENACTING THE STATE OPERATIONS BUDGET, IN RELATION TO THE EFFECTIVENESS

THEREOF; TO AMEND CHAPTER 907 OF THE LAWS OF 1984, AMENDING THE

CORRECTION LAW, THE NEW YORK CITY CRIMINAL COURT ACT AND THE

EXECUTIVE LAW RELATING TO PRISON AND JAIL HOUSING AND ALTERNATIVES TO

DETENTION AND INCARCERATION PROGRAMS, IN RELATION TO EXTENDING THE

EXPIRATION OF CERTAIN PROVISIONS OF SUCH CHAPTER; TO AMEND CHAPTER

166 OF THE LAWS OF 1991, AMENDING THE TAX LAW AND OTHER LAWS

RELATING TO TAXES, IN RELATION TO EXTENDING THE EXPIRATION OF CERTAIN

PROVISIONS OF SUCH CHAPTER; TO AMEND THE VEHICLE AND TRAFFIC LAW, IN

RELATION TO EXTENDING THE EXPIRATION OF THE MANDATORY SURCHARGE AND

NYS ASSEMBLY MAY 1, 2023

VICTIM ASSISTANCE FEE; TO AMEND CHAPTER 713 OF THE LAWS OF 1988,

AMENDING THE VEHICLE AND TRAFFIC LAW RELATING TO THE IGNITION

INTERLOCK DEVICE PROGRAM, IN RELATION TO EXTENDING THE EXPIRATION

THEREOF; TO AMEND CHAPTER 435 OF THE LAWS OF 1997, AMENDING THE

MILITARY LAW AND OTHER LAWS RELATING TO VARIOUS PROVISIONS, IN RELATION

TO EXTENDING THE EXPIRATION DATE OF THE MERIT PROVISIONS OF THE

CORRECTION LAW AND THE PENAL LAW OF SUCH CHAPTER; TO AMEND PART D

OF CHAPTER 412 OF THE LAWS OF 1999, AMENDING THE CIVIL PRACTICE LAW

AND RULES AND THE COURT OF CLAIMS ACT RELATING TO PRISONER LITIGATION

REFORM, IN RELATION TO EXTENDING THE EXPIRATION OF THE INMATE FILING FEE

PROVISIONS OF THE CIVIL PRACTICE LAW AND RULES AND GENERAL FILING FEE

PROVISION AND INMATE PROPERTY CLAIMS EXHAUSTION REQUIREMENT OF THE

COURT OF CLAIMS ACT OF SUCH CHAPTER; TO AMEND THE FAMILY PROTECTION

AND DOMESTIC VIOLENCE INTERVENTION ACT OF 1994, IN RELATION TO

EXTENDING THE EXPIRATION OF CERTAIN PROVISIONS OF THE CRIMINAL

PROCEDURE LAW REQUIRING THE ARREST OF CERTAIN PERSONS ENGAGED IN

FAMILY VIOLENCE; TO AMEND CHAPTER 505 OF THE LAWS OF 1985,

AMENDING THE CRIMINAL PROCEDURE LAW RELATING TO THE USE OF

CLOSED-CIRCUIT TELEVISION AND OTHER PROTECTIVE MEASURES FOR CERTAIN

CHILD WITNESSES, IN RELATION TO EXTENDING THE EXPIRATION OF THE

PROVISIONS THEREOF; TO AMEND THE SENTENCING REFORM ACT OF 1995, IN

RELATION TO EXTENDING THE EXPIRATION OF CERTAIN PROVISIONS OF SUCH

CHAPTER; TO AMEND CHAPTER 689 OF THE LAWS OF 1993 AMENDING THE

CRIMINAL PROCEDURE LAW RELATING TO ELECTRONIC COURT APPEARANCE IN

CERTAIN COUNTIES, IN RELATION TO EXTENDING THE EXPIRATION THEREOF; TO

NYS ASSEMBLY MAY 1, 2023

AMEND CHAPTER 688 OF THE LAWS OF 2003, AMENDING THE EXECUTIVE LAW

RELATING TO ENACTING THE INTERSTATE COMPACT FOR ADULT OFFENDER

SUPERVISION, IN RELATION TO THE EFFECTIVENESS THEREOF; TO AMEND PART H OF

CHAPTER 56 OF THE LAWS OF 2009, AMENDING THE CORRECTION LAW

RELATING TO LIMITING THE CLOSING OF CERTAIN CORRECTIONAL FACILITIES,

PROVIDING FOR THE CUSTODY BY THE DEPARTMENT OF CORRECTIONAL SERVICES

OF INMATES SERVING DEFINITE SENTENCES, PROVIDING FOR CUSTODY OF FEDERAL

PRISONERS AND REQUIRING THE CLOSING OF CERTAIN CORRECTIONAL FACILITIES, IN

RELATION TO THE EFFECTIVENESS OF SUCH CHAPTER; TO AMEND PART C OF

CHAPTER 152 OF THE LAWS OF 2001 AMENDING THE MILITARY LAW RELATING

TO MILITARY FUNDS OF THE ORGANIZED MILITIA, IN RELATION TO THE

EFFECTIVENESS THEREOF; TO AMEND CHAPTER 554 OF THE LAWS OF 1986,

AMENDING THE CORRECTION LAW AND THE PENAL LAW RELATING TO PROVIDING

FOR COMMUNITY TREATMENT FACILITIES AND ESTABLISHING THE CRIME OF

ABSCONDING FROM THE COMMUNITY TREATMENT FACILITY, IN RELATION TO THE

EFFECTIVENESS THEREOF; AND TO AMEND PART F OF CHAPTER 55 OF THE LAWS

OF 2018, AMENDING THE CRIMINAL PROCEDURE LAW RELATING TO THE

PRE-CRIMINAL PROCEEDING SETTLEMENTS IN THE CITY OF NEW YORK, IN

RELATION TO THE EFFECTIVENESS THEREOF (PART A); INTENTIONALLY OMITTED

(PART B); INTENTIONALLY OMITTED (PART C); INTENTIONALLY OMITTED (PART D);

INTENTIONALLY OMITTED (PART E); TO AMEND THE PENAL LAW, IN RELATION TO

CERTAIN CRIMES RELATING TO THE POSSESSION AND STORAGE OF A FIREARM (PART

F); TO AMEND THE STATE FINANCE LAW AND THE EXECUTIVE LAW, IN RELATION

TO ESTABLISHING A HAZARD MITIGATION REVOLVING LOAN FUND (PART G); TO

AMEND THE VOLUNTEER FIREFIGHTERS' BENEFIT LAW AND THE GENERAL

NYS ASSEMBLY MAY 1, 2023

MUNICIPAL LAW, IN RELATION TO PERMITTING THE PAYING OF A TRAINING

STIPEND TO VOLUNTEER FIREFIGHTERS (PART H); INTENTIONALLY OMITTED (PART

I); TO AMEND THE MILITARY LAW, IN RELATION TO THE EXPANSION OF

ELIGIBILITY FOR WORLD TRADE CENTER DEATH AND DISABILITY BENEFITS FOR

MEMBERS OF NEW YORK'S ORGANIZED MILITIA (PART J); INTENTIONALLY

OMITTED (PART K); INTENTIONALLY OMITTED (PART L); INTENTIONALLY OMITTED

(PART M); INTENTIONALLY OMITTED (PART N); TO AMEND CHAPTER 396 OF THE

LAWS OF 2010 AMENDING THE ALCOHOLIC BEVERAGE CONTROL LAW RELATING

TO LIQUIDATOR'S PERMITS AND TEMPORARY RETAIL PERMITS, IN RELATION TO THE

EFFECTIVENESS THEREOF (PART O); INTENTIONALLY OMITTED (PART P); TO AMEND

CHAPTER 303 OF THE LAWS OF 1988, RELATING TO THE EXTENSION OF THE STATE

COMMISSION ON THE RESTORATION OF THE CAPITOL, IN RELATION TO EXTENDING

SUCH PROVISIONS FOR AN ADDITIONAL FIVE YEARS (PART Q); TO AMEND THE

STATE FINANCE LAW, IN RELATION TO METHODS OF PROCUREMENT; AND TO

REPEAL CERTAIN PROVISIONS OF SUCH LAW RELATING THERETO (PART R); TO

AMEND THE CIVIL SERVICE LAW, IN RELATION TO COMPETITIVE WORKFORCE

EXPANSION AND RETENTION (PART S); TO AMEND THE CIVIL SERVICE LAW, IN

RELATION TO EMPLOYMENT OF CERTAIN PERSONS WITH DISABILITIES (PART T);

INTENTIONALLY OMITTED (PART U); TO AMEND PART HH OF CHAPTER 56 OF THE

LAWS OF 2022 AMENDING THE RETIREMENT AND SOCIAL SECURITY LAW

RELATING TO WAIVING APPROVAL AND INCOME LIMITATIONS ON RETIREES

EMPLOYED IN SCHOOL DISTRICTS AND BOARD OF COOPERATIVE EDUCATIONAL

SERVICES, IN RELATION TO THE EFFECTIVENESS THEREOF (PART V); TO AMEND THE

RETIREMENT AND SOCIAL SECURITY LAW, IN RELATION TO ALLOWING

PARTICIPATING EMPLOYERS OF THE NEW YORK STATE AND LOCAL RETIREMENT

NYS ASSEMBLY MAY 1, 2023

SYSTEM TO WITHDRAW FROM THE CONTRIBUTION STABILIZATION PROGRAM (PART

W); INTENTIONALLY OMITTED (PART X); TO AMEND THE GENERAL MUNICIPAL

LAW, IN RELATION TO MOVING THE SPECIAL ACCIDENTAL DEATH BENEFIT

APPROPRIATION FROM THE DEPARTMENT OF AUDIT AND CONTROL TO THE

GENERAL FUNDS MISCELLANEOUS ALL STATE DEPARTMENT AND AGENCIES (PART

Y); TO AMEND THE EXECUTIVE LAW, IN RELATION TO THE FIRST CLASS OF THE

COMMISSION ON ETHICS AND LOBBYING IN GOVERNMENT (PART Z); TO

AMEND THE TAX LAW AND PART C OF CHAPTER 2 OF THE LAWS OF 2005

AMENDING THE TAX LAW RELATING TO EXEMPTIONS FROM SALES AND USE

TAXES, IN RELATION TO EXTENDING CERTAIN PROVISIONS THEREOF; TO AMEND THE

GENERAL CITY LAW AND THE ADMINISTRATIVE CODE OF THE CITY OF NEW

YORK, IN RELATION TO EXTENDING CERTAIN PROVISIONS RELATING TO SPECIALLY

ELIGIBLE PREMISES AND SPECIAL REBATES; TO AMEND THE ADMINISTRATIVE

CODE OF THE CITY OF NEW YORK, IN RELATION TO EXTENDING CERTAIN

PROVISIONS RELATING TO EXEMPTIONS AND DEDUCTIONS FROM BASE RENT; TO

AMEND THE REAL PROPERTY TAX LAW, IN RELATION TO EXTENDING CERTAIN

PROVISIONS RELATING TO ELIGIBILITY PERIODS AND REQUIREMENTS; TO AMEND

THE REAL PROPERTY TAX LAW, IN RELATION TO EXTENDING CERTAIN PROVISIONS

RELATING TO ELIGIBILITY PERIODS AND REQUIREMENTS, BENEFIT PERIODS

AND APPLICATIONS FOR ABATEMENTS; AND TO AMEND THE ADMINISTRATIVE

CODE OF THE CITY OF NEW YORK, IN RELATION TO EXTENDING CERTAIN

PROVISIONS RELATING TO A SPECIAL REDUCTION IN DETERMINING THE TAXABLE

BASE RENT (PART AA); TO REPEAL SUBDIVISION 12 OF SECTION 239-BB OF

THE GENERAL MUNICIPAL LAW RELATING TO COUNTY-WIDE SHARED SERVICES

PANELS (PART BB); INTENTIONALLY OMITTED (PART CC); TO AMEND CHAPTER

NYS ASSEMBLY MAY 1, 2023

141 OF THE LAWS OF 1994, AMENDING THE LEGISLATIVE LAW AND THE STATE

FINANCE LAW RELATING TO THE OPERATION AND ADMINISTRATION OF THE

LEGISLATURE, IN RELATION TO EXTENDING SUCH PROVISIONS (PART DD); TO

AMEND THE CIVIL SERVICE LAW, IN RELATION TO WAIVING STATE CIVIL

SERVICE EXAMINATION FEES BETWEEN JULY 1, 2023 AND DECEMBER 31,

2025; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON THE

EXPIRATION THEREOF (PART EE); TO AMEND THE GENERAL MUNICIPAL LAW, IN

RELATION TO PROVIDING SUFFOLK COUNTY CERTAIN FEES FOR THE SERVICES OF

THE SUFFOLK COUNTY TRAFFIC AND PARKING VIOLATIONS AGENCY (PART FF);

TO AMEND THE RETIREMENT AND SOCIAL SECURITY LAW, IN RELATION TO

PROVIDING CERTAIN DEATH BENEFITS TO CORRECTION OFFICERS, CORRECTION

OFFICER-SERGEANTS, CORRECTION OFFICER-CAPTAINS, ASSISTANT WARDENS,

ASSOCIATE WARDENS OR WARDENS EMPLOYED BY WESTCHESTER COUNTY (PART

GG); TO AMEND THE RETIREMENT AND SOCIAL SECURITY LAW, IN RELATION TO

AUTHORIZING POLICE/FIRE MEMBERS OF THE NEW YORK CITY FIRE

DEPARTMENT PENSION FUND TO OBTAIN CREDIT FOR SERVICE AS AN EMT

MEMBER (PART HH); TO AMEND THE RETIREMENT AND SOCIAL SECURITY LAW,

IN RELATION TO PROVIDING CERTAIN DEATH BENEFITS TO COUNTY FIRE MARSHALS,

SUPERVISING FIRE MARSHALS, FIRE MARSHALS, ASSISTANT FIRE MARSHALS,

ASSISTANT CHIEF FIRE MARSHALS, CHIEF FIRE MARSHALS AND DIVISION

SUPERVISING FIRE MARSHALS EMPLOYED BY NASSAU COUNTY (PART II); TO

AMEND THE RETIREMENT AND SOCIAL SECURITY LAW, IN RELATION TO ALLOWING

CERTAIN MEMBERS OF THE NEW YORK CITY POLICE PENSION FUND TO BORROW

FROM CONTRIBUTIONS (PART JJ); TO AMEND THE RETIREMENT AND SOCIAL

SECURITY LAW, IN RELATION TO THE RETIREMENT OF DEPUTY SHERIFFS-CIVIL IN

NYS ASSEMBLY MAY 1, 2023

THE COUNTY OF MONROE (PART KK); TO AMEND THE RETIREMENT AND SOCIAL

SECURITY LAW, IN RELATION TO CERTAIN MEDICAL PRESUMPTIONS APPLICABLE

TO MEMBERS OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT

SYSTEM (PART LL); TO AMEND THE STATE FINANCE LAW, IN RELATION TO THE

TRANSFER AND DISPOSAL OF CERTAIN PERSONAL PROPERTY OF THE STATE (PART

MM); TO AMEND THE EXECUTIVE LAW, IN RELATION TO REPORTS BY THE

DIRECTOR OF THE OFFICE OF COUNTERTERRORISM (PART NN); AND TO AMEND

THE NOT-FOR-PROFIT CORPORATION LAW, THE EXECUTIVE LAW, AND THE

EDUCATION LAW, IN RELATION TO THE DISCOVERY AND DISPOSITION OF HUMAN

REMAINS AND FUNERARY OBJECTS (PART OO).

ACTING SPEAKER AUBRY: GOVERNOR'S MESSAGE

IS AT THE DESK. THE CLERK WILL READ.

THE CLERK: I HEREBY CERTIFY TO AN IMMEDIATE VOTE,

KATHY HOCHUL, GOVERNOR.

MS. WEINSTEIN: SO BRIEFLY, THIS BILL WOULD ENACT --

WOULD ENACT INTO LAW MAJOR COMPONENTS OF LEGISLATION THAT ARE

NECESSARY TO IMPLEMENT THE STATE FISCAL YEAR BUDGET AS IT PERTAINS TO THE

PUBLIC PROTECTION GENERAL GOVERNMENT BUDGET AND IT'S NECESSARY FOR

THE ENACTMENT OF PORTIONS OF THE '23-'24 BUDGET AS CONTAINED IN THE

STATE OPERATIONS CAPITAL PROJECTS AND AID TO LOCALITIES BILLS.

ACTING SPEAKER AUBRY: MR. RA.

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

WEINSTEIN YIELD?

MS. WEINSTEIN: YES.

MR. RA: THANK YOU. SO JUST A FEW QUESTIONS. AS

NYS ASSEMBLY MAY 1, 2023

YOU KNOW AND MANY OF MY COLLEAGUES KNOW, THERE WAS A LOT THAT WAS

IN THIS BILL IN TERMS OF THE EXECUTIVE BUT IS NOT IN THIS FINAL VERSION IS

OMITTED SO THERE ARE THINGS THAT PERHAPS WE WILL SEE LATER TODAY OR

TOMORROW IN -- IN OTHER BILLS. SO I WANT TO START WITH PROBABLY THE ISSUE

THAT PRETTY MUCH ANYBODY WHO'S BEEN FOLLOWING THE BUDGET PROCESS

KNOWS HAS BEEN VERY MUCH IN THE MIX AND WAS PERHAPS REALLY ONE OF

THE MAJOR PIECES OF THE REASON WE'RE HERE A MONTH AFTER THE BUDGET

DEADLINE AND THAT'S BAIL REFORM. SO, YOU KNOW, THAT'S NOT INCLUDED IN

THIS BILL AND MY ASSUMPTION IS THAT THE CHANGES THAT HAVE BEEN

NEGOTIATED WE WILL SEE IN A LATER BILL?

MS. WEINSTEIN: YES, YOU ARE CORRECT THAT WAS --

THOSE SECTIONS WERE REMOVED FROM THIS BILL AND WILL BE IN A BILL WE WILL

BE DISCUSSING TOMORROW.

MR. RA: OKAY. AND WE THINK THAT WILL BE ELFA?

MS. WEINSTEIN: YES.

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

PART OF THIS DISCUSSION HAS BEEN THE FACT THAT NEW YORK STATE REMAINS

THE ONLY STATE IN THE NATION THAT DOESN'T ALLOW JUDGES TO CONSIDER

DANGEROUSNESS WHEN DETERMINING PRETRIAL RELEASE OR CONDITIONS. DO

THOSE CHANGES - AND AS I SAID, WE WILL SEE THEM MAYBE LATER TODAY OR

TOMORROW, DO THOSE CHANGES FINALLY PROVIDE JUDGES WITH THE NECESSARY

DISCRETION TO ENSURE THE SAFETY OF OUR COMMUNITIES AND MAKE THOSE

CHANGES THAT THE PUBLIC HAS BEEN ASKING FOR?

MS. WEINSTEIN: WE WILL DISCUSS THOSE CHANGES

TOMORROW.

NYS ASSEMBLY MAY 1, 2023

MR. RA: OKAY, FAIR ENOUGH. IN TERMS OF THE CHANGES

TO THE CONCEALED CARRY IMPROVEMENT ACT. YOU KNOW, THERE WERE

MANY ISSUES THAT CAME UP AFTER WE PASSED THOSE PROVISIONS LAST -- LAST

SUMMER AFTER THE SUPREME COURT DECISION AND WE'RE PLEASED TO SEE

THAT THE FINAL BUDGET INCLUDES PROVISIONS TO CLARIFY THE INTENT OF THAT

AND ENSURE THAT OUR LAW-ABIDING GUN OWNERS ARE NOT UNFAIRLY OR

UNJUSTLY PROSECUTED. AND AS I SAID, IT DID CAUSE A LOT OF CONFUSION IN

TERMS OF THOSE WHO ARE LAWFULLY PARTICIPATING IN ACTIVITIES SUCH AS

HUNTING, MILITARY CEREMONIES AND HISTORICAL REENACTMENTS THAT BELIEVE

THEY WOULD NO LONGER BE ABLE TO ENGAGE IN THOSE ACTIVITIES. SO, DO

THESE AMENDMENTS NOW CLARIFY THAT THESE INDIVIDUALS ARE ALLOWED TO

LAWFULLY ENGAGE IN THESE ACTIVITIES WITHOUT CONCERN FOR BEING ACCUSED

OF A CRIME?

MS. WEINSTEIN: YES, YES. THAT IS -- THAT IS

CORRECT. ALSO, I DON'T KNOW IF YOU MENTIONED LIKE MEMORIAL DAY

PARADES AND EVENTS LIKE, LIKE THAT BUT YES. THOSE -- ALL OF THOSE

CONCERNS HAVE BEEN ADDRESSED WITH THE CHANGES NOW TO THE CONCEALED

CARRY.

MR. RA: OKAY. AND THAT WAS ONE OF THE CONCERNS

WAS THAT WHETHER MILITARY CEREMONIES AND HONOR GUARDS AND COLOR

GUARDS COULD STILL BE PERFORMED. I -- I DIDN'T THINK THAT THEY

SPECIFICALLY TALKED ABOUT COLOR GUARDS PARTICIPATING IN PARADES IN THIS

LEGISLATION BUT WE THINK THOSE ARE COVERED NOW?

MS. WEINSTEIN: YES. WE BELIEVE THAT WOULD BE

COVERED.

NYS ASSEMBLY MAY 1, 2023

MR. RA: OKAY. AND DO WE KNOW OR HAVE WE

DIRECTED IN THIS BILL IN ANY WAY HOW STATE AGENCIES SUCH AS THE STATE

POLICE AND DCJS WILL MAKE SURE THAT INFORMATION GETS OUT TO THE PUBLIC

IN TERMS OF THESE THINGS? AS YOU MAY HAVE SEEN, YOU KNOW, ONE OF THE

THINGS THAT I KNOW I DIRECTED CONSTITUENTS TO THERE WAS A LOT OF

QUESTIONS AND ANSWERS ON -- ON THE WEBSITES THAT THEORETICALLY CLARIFIED

THE INTENT OF THE LAW BUT DIDN'T NECESSARILY REFLECT THE STATUTORY

PROVISIONS THAT HOPEFULLY WE'RE NOW PUTTING IN PLACE HERE.

MS. WEINSTEIN: I -- I WOULD ASSUME THAT THOSE

QUESTIONS WILL BE UPDATED TO REFLECT WHAT WE'RE DOING HERE TODAY.

MR. RA: OKAY. AND ONE OTHER PIECE OF THAT THAT I

KNOW CAME UP WAS WITH REGARD TO OUR YOUTH AND BOY SCOUTS, YOU

KNOW, AT CAMPS WHO MAY PARTICIPATE IN MARKSMANSHIP. I BELIEVE THEY

HAVE A BADGE THAT THEY'RE ABLE TO EARN AT CAMPS AND THERE WAS SOME

CONCERNS RAISED THAT THEY WOULDN'T BE ABLE TO DO THAT. DOES THIS CLARIFY

THEIR ABILITY TO ENGAGE IN THOSE ACTIVITIES AT BOY SCOUTS CAMPS?

MS. WEINSTEIN: YES, IT DOES. IT INCLUDES HUNTER,

EDUCATION TRAINING, MARKSMANSHIP PRACTICE, MARKSMANSHIP

COMPETITION TRAINING OR TRAINING IN THE SAFE HANDLING AND USE OF

FIREARMS. THOSE ARE ALL CONTAINED WITHIN THIS -- WITHIN THIS

CLARIFICATION.

MR. RA: THANK YOU. ONE PIECE THAT WE WOULD

NORMALLY SEE IN THIS BILL, AT LEAST IN THE EXECUTIVE PROPOSAL, IS THE

SWEEPS AND TRANSFERS LANGUAGE. IT'S BEEN OMITTED IN THIS BILL. HAS THIS

LANGUAGE BEEN SIGNED OFF ON AT THIS POINT?

NYS ASSEMBLY MAY 1, 2023

MS. WEINSTEIN: IT HAS BEEN SIGNED OFF. YOU'RE

CORRECT. IT'S NOT IN THIS BILL BUT IT WILL BE IN ELFA TOMORROW.

MR. RA: OKAY. DO WE KNOW WHAT ARTICLE VII BILL

WE WILL SEE THAT IN? WILL THAT ALSO BE ELFA?

MS. WEINSTEIN: ELFA.

MR. RA: OKAY. SOUNDS LIKE ELFA IS GOING TO BE

DOING A LOT OF HEAVY LIFTING IN THIS BUDGET.

MS. WEINSTEIN: AND WE'LL HAVE FOUR HOURS TO

DISCUSS THAT BILL TOMORROW.

MR. RA: YES, WE WILL, THANK YOU. JUST ONE OR TWO

OTHER QUESTIONS. THERE ARE A COUPLE OF PIECES RELATED TO DIFFERENT -- I'M

SORRY, LET ME FIND IT HERE. SO REGARDING CREDITS, DEATH BENEFITS, THINGS

OF THAT NATURE. SO FIRST THERE'S A HEART PRESUMPTION -- PROVISION. DOES

THAT MATCH THE LEGISLATIVE LANGUAGE IN THE BILL THAT THE LEGISLATURE

ADOPTED LAST YEAR THAT WAS SUBSEQUENTLY VETOED BY THE GOVERNOR?

MS. WEINSTEIN: YES. ONE OF THE THINGS WE ARE

INCLUDING A NUMBER OF BILLS THAT HAD BEEN ADOPTED LAST YEAR ARE FOLDED

INTO THIS PROPOSAL.

MR. RA: OKAY. I KNOW THERE'S A NUMBER OF THESE

LIKE YOU SAID. THERE'S THREE YOU SAID? IT'S -- THERE'S AN EMT ONE,

CORRECT?

MS. WEINSTEIN: YES.

MR. RA: OKAY. AND WHAT'S THE THIRD ONE?

(PAUSE)

MS. WEINSTEIN: IN -- IN MONROE COUNTY, AND THEN

NYS ASSEMBLY MAY 1, 2023

ALSO IN THE EMT -- HOLD ON -- SO NASSAU DEPUTY --

MR. RA: FIRE MARSHAL?

MS. WEINSTEIN: FIRE MARSHALS AND MONROE

COUNTY RETIREMENT AS I MENTIONED, AND WESTCHESTER COUNTY.

MR. RA: CORRECTION OFFICERS.

MS. WEINSTEIN: DEATH BENEFIT.

MR. RA: ANY OF THESE THAT -- THAT ARE RELATIVE TO BILLS

THAT WERE PASSED LAST YEAR AND VETOED, THE LANGUAGE IS ALL THE SAME AS

MS. WEINSTEIN: YES.

MR. RA: -- THEY WERE IN THOSE STANDALONE BILLS.

MS. WEINSTEIN: YES.

MR. RA: WHICH IS GREAT BECAUSE AS YOU KNOW SO

OFTEN IN THE PAST WE'VE HAD BILLS GET VETOED AND THE EXECUTIVE SAYING

HEY, THIS IS A BUDGET ISSUE AND THEN THEY END UP NOT MAKING IT INTO THE

BUDGET SO --

MS. WEINSTEIN: CORRECT. NOT -- NOT EVERYTHING

WE PASSED MADE IT.

MR. RA: NOT EVERYTHING BUT --

MS. WEINSTEIN: IT'S REALLY -- IT'S THE FIRST TIME THAT

WE'VE BEEN ABLE TO INCORPORATE SOME OF THOSE BILLS THAT WE'VE PASSED

INTO THE BUDGET.

MR. RA: OKAY, THANK YOU. ONE OTHER PIECE THAT I

WANTED TO ASK ABOUT BECAUSE A LOT OF THIS AREA HAS BEEN EXCLUDED WITH

REGARD TO ALCOHOLIC BEVERAGE CONTROL. WE HAVE, I THINK, A FEW DIFFERENT

NYS ASSEMBLY MAY 1, 2023

PROVISIONS THAT HAVE BEEN OMITTED HERE, THE REVIEW OF ALCOHOLIC

BEVERAGE CONTROL LAW WHICH WAS GOING TO HAVE THE SLA TO REVIEW THE

ABC LAW AND RECOMMEND POLICY NEUTRAL LEGISLATIVE CHANGES,

TEMPORARY WHOLESALE PERMITS, EXPEDITING SLA REVIEW OF CORPORATE

CHANGES AND EXPEDITED SLA MUNICIPAL NOTIFICATION PROCESS. I KNOW

IT'S BEEN A CONVERSATION OVER THE LAST SEVERAL BUDGETS REALLY REGARDING

SOME MODERNIZATION AND LOOKING AT OUR -- OUR LAWS WITH REGARD TO

BEVERAGE CONTROL IS -- ARE WE ANTICIPATING ANY OF THOSE THINGS COMING

UP IN A LATER BILL OR ARE THESE OUT AND SOMETHING THAT MAYBE WE'LL LOOK

AT POST-BUDGET?

MS. WEINSTEIN: THESE ARE POLICY-RELATED ISSUES

THAT WE'LL BE LOOKING AT POST-BUDGET.

MR. RA: OKAY. THANK YOU VERY MUCH, MADAM

CHAIR.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER OTIS: ON THE BILL.

MR. RA: THANK YOU. SO THIS ONE, AS I SAID, IS REALLY

KIND OF STRIPPED DOWN. THERE'S A LOT OF THINGS MISSING FROM IT, ONE --

ONE OF THEM BEING BAIL REFORM WHICH OBVIOUSLY HAS BEEN A HOT TOPIC IN

THIS BILL AND I THINK WE'RE ALL ANXIOUS TO SEE THE LEGISLATIVE LANGUAGE OF

THOSE CHANGES WHEN THEY APPEAR IN THE ELFA BILL LATER TODAY,

TOMORROW, WHENEVER WE GET OUR HANDS ON THAT SO WE CAN LOOK AT HOW

THAT'S GOING TO IMPACT THINGS. UNFORTUNATELY, LIKE SEVERAL YEARS AGO

WHEN THE FIRST VERSION OF BAIL REFORM WAS ADOPTED, IT'S UNLIKELY THAT

WE'RE GOING TO HAVE A TON OF TIME TO GET INPUT FROM PEOPLE AS TO WHAT

NYS ASSEMBLY MAY 1, 2023

THE IMPACT OF THOSE CHANGES ARE GOING TO BE. BUT, YOU KNOW, ON

BALANCE THERE ARE SOME IMPORTANT THINGS THAT HAVE MADE IT INTO THIS --

THIS BUDGET BILL, LIKE I'VE SAID. SOME OF THE THINGS THAT HAVE BEEN

VETOED, IT'S NOT ALWAYS THE CASE THAT WE HEAR FROM THE EXECUTIVE HEY,

THIS IS A BUDGET ISSUE AND THEN WE ACTUALLY END UP TACKLING THE BUDGET

SO I DO THINK IT'S A POSITIVE THING THAT WE ADDRESS THOSE ISSUES WITHIN

THE BUDGET AFTER THE GOVERNOR VETO BILLS THAT PASSED UNANIMOUSLY, IF

NOT NEAR UNANIMOUSLY WITHIN -- WITHIN THE LAST LEGISLATIVE SESSION. BUT

ALSO, SOME OF THE CLARIFICATIONS REGARDING THE CONCEALED CARRY

IMPROVEMENT ACT THAT WE PASSED LAST SUMMER WHICH WE DID ON VERY --

VERY MUCH LIKE A BUDGET BILL, VERY LITTLE NOTICE, VERY LITTLE OPPORTUNITY

FOR PEOPLE TO WEIGH IN AND REALLY I THINK THAT'S THE REASON WHY WE'RE

MAKING SO MANY OF THESE CHANGES IS THERE WERE ISSUES THAT WEREN'T

CONSIDERED THAT WOULD HAVE BEEN CONSIDERED IF WE HAD ADEQUATE TIME

FOR THE PUBLIC TO LOOK AT IT AND SAY HEY, HOW DOES THIS EFFECT OR REENACT

OR HOW DOES THIS EFFECT THE CEREMONIAL UNIT, HOW DOES THIS EFFECT A BOY

SCOUT CAMP. SO I'M HAPPY TO SEE MANY OF THOSE PROVISIONS THAT I KNOW

MANY OF MY COLLEAGUES ON OUR SIDE OF THE AISLE FOUGHT FOR AND -- AND I

HOPE THAT WE CAN CONTINUE TO HAVE THOSE CONVERSATIONS BECAUSE I THINK

THERE ARE STILL SOME ISSUES OUTSTANDING REGARDING THIS WHETHER IT'S

ABOUT, YOU KNOW, RETIRED LAW ENFORCEMENT OR -- OR EVEN SOME OF OUR

BUSINESS OWNERS THAT STILL ARE IN A MURKY AREA WITH REGARD TO DOING

THINGS THAT THEY FEEL ARE NECESSARY TO PROTECT THEMSELVES AND THEIR

BUSINESS. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. REILLY.

NYS ASSEMBLY MAY 1, 2023

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

CHAIRWOMAN YIELD, PLEASE?

MS. WEINSTEIN: YES.

ACTING SPEAKER AUBRY: MS. WEINSTEIN

YIELDS.

MR. REILLY: THANK YOU, MADAM CHAIR. SO JUST TO

FOR CLARIFICATION BECAUSE I REMEMBER DURING THE DEBATE ON THE

CONCEALED CARRY, WE WERE TALKING ABOUT H.R. 218 WHICH IS THE

QUALIFICATION FOR ACTIVE AND RETIRED LAW ENFORCEMENT OFFICERS TO BE ABLE

TO CARRY ACROSS STATE LINES. IN THIS -- IN THIS BILL, DOES THE LANGUAGE

INCLUDE THAT ALL ACTIVE AND RETIRED LAW ENFORCEMENT WOULD BE REQUIRED

TO HAVE AN H.R. 218 TO BE EXEMPT FROM THE SENSITIVE AND RESTRICTED

LOCATIONS?

MS. WEINSTEIN: YES. THE SHORT ANSWER IS YES.

MR. REILLY: THANK YOU, MADAM CHAIR. ONE OTHER

POINT THAT I WANTED -- AND I THANK -- I JUST WANT TO THANK YOU FOR

CLARIFYING THAT. ANOTHER THING THAT I WANTED TO -- TO ASK, IN THIS -- IN

THIS BILL, WOULD IT BE COVERED IN THIS ONE OR WOULD IT BE ANOTHER ONE IF

WE'RE TALKING ABOUT THE DRUG RECOGNITION EXPERTS FOR ADDITIONAL

ALLOCATION OF FUNDING. I KNOW LAST YEAR, A COUPLE OF YEARS AGO WE WERE

ABLE TO SECURE AN EXTRA $10 MILLION TO TRAIN MORE OFFICERS. IS THERE ANY

ALLOCATION FOR THAT IN THIS BUDGET?

(PAUSE)

MS. WEINSTEIN: THERE'S NO FUNDING IN THIS BILL FOR

THAT.

NYS ASSEMBLY MAY 1, 2023

MR. REILLY: OKAY. DO WE KNOW IF THERE'S FUNDING

IN ANOTHER BILL?

(PAUSE)

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

IN A DIFFERENT BILL, PERHAPS IN STATE OPS.

MR. REILLY: OKAY. MAYBE WE CAN --

MS. WEINSTEIN: WE HAVE TO TALK ABOUT IT

TOMORROW.

MR. REILLY: OKAY. I CAN WAIT UNTIL TOMORROW, WE

WAITED THIS LONG. THANK YOU, MADAM CHAIR.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. REILLY: SO ONE KEY ASPECT THAT I THINK IS A

GREAT IMPROVEMENT TO THIS FOR THE CONCEALED CARRY IS THAT WE -- WE

MOVED SO QUICKLY LAST SUMMER THAT WE ACTUALLY LEFT OFF RETIRED PEACE

OFFICERS SUCH AS NEW YORK CITY CORRECTION OFFICERS, NEW YORK STATE

CORRECTION OFFICERS. THEY -- IF THEY WERE RETIRED THEY WERE NO -- NO

LONGER ALLOWED TO CARRY WHEN THEIR CONCEALED FIREARM -- AND REMEMBER

THAT WHILE THEY WERE WORKING THEY RECEIVED DEATH THREATS, DEATH THREATS

TO THEMSELVES, TO THEIR FAMILIES. SO THAT'S WHY THEY ARE GRANTED THE

OPPORTUNITY TO HAVE A CONCEALED CARRY PERMIT JUST LIKE POLICE OFFICERS

WHEN THEY RETIRE. AND TO PUT THIS INTO PERSPECTIVE OF WHY THIS IS A

GOOD CHANGE, IF YOU'RE A RETIRED CORRECTIONS OFFICER AND YOU'RE WITH

YOUR FAMILY AND YOU'RE DRIVING HOME AND NOW ONE OF YOUR KIDS HAS TO

GO TO THE BATHROOM SO YOU STOP AT A DUNKIN' DONUTS SO YOU CAN GO GET

NYS ASSEMBLY MAY 1, 2023

A CUP OF COFFEE, LET YOUR KID USE THE BATHROOM, BECAUSE YOU HAVE YOUR

FIREARM ON YOU, YOU ARE VIOLATING THE CONCEALED CARRY PERMIT LAW ALL

BECAUSE A LITTLE MIXUP THAT WE DIDN'T HAVE WHEN WE HAD IT IN THE

LEGISLATION THAT RETIRED POLICE OFFICERS WERE EXEMPT, BUT NOT LAW

ENFORCEMENT OFFICERS THAT WERE DESIGNATED AS PEACE OFFICERS. SO

ALLOWING THOSE WHO ARE QUALIFIED UNDER H.R. 218, THE LAW

ENFORCEMENT -- LAW ENFORCEMENT OFFICER SAFETY ACT IS REALLY A GOOD

THING AND I'M HAPPY TO SEE THAT WE'RE MAKING THAT CHANGE SO THANK YOU,

MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MR. JENSEN.

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

WILL THE CHAIRWOMAN YIELD FOR A FEW QUESTIONS?

ACTING SPEAKER AUBRY: MS. WEINSTEIN, WILL

YOU YIELD?

MS. WEINSTEIN: YES.

ACTING SPEAKER AUBRY: MS. WEINSTEIN

YIELDS, SIR.

MR. JENSEN: THANK YOU, MADAM CHAIR. I MIGHT

ASK A COUPLE QUESTIONS REGARDING THE TRAINING SEGMENTS FOR VOLUNTEER

FIREFIGHTERS. IS THIS -- ARE THESE STIPENDS GOING TO BE MANDATORY FOR

EVERY VOLUNTEER FIRE DEPARTMENT IN THE STATE TO PROVIDE TO THEIR

MEMBERSHIP FOR COMPLETING CERTAIN TRAINING?

(PAUSE)

MS. WEINSTEIN: I BELIEVE THAT THAT'S AN

NYS ASSEMBLY MAY 1, 2023

APPROPRIATION SO IT WOULD BE IN THE AID TO LOCALITIES.

MR. JENSEN: IT'S NOT IN THE PUBLIC PROTECTION? THE

ARTICLE VII LANGUAGE AUTHORIZING THE PROGRAM?

MS. WEINSTEIN: THE ARTICLE VII LANGUAGE IS, YES.

MR. JENSEN: YES, SO THAT'S -- SO IS IT GOING TO BE

MANDATORY FOR EVERY VOLUNTEER FIRE DEPARTMENT TO PROVIDE THIS STIPEND

FOR THEIR MEMBERS?

MS. WEINSTEIN: I'M ADVISED, YES.

MR. JENSEN: YES, OKAY. SO MY NEXT QUESTION IS IN

THE AUTHORIZATION LANGUAGE FOR THIS PROGRAM, WHO IS RESPONSIBILE FOR

PAYING THIS STIPEND? IS IT A STATE GRANT THAT FIRE DEPARTMENTS ARE GOING

TO APPLY FOR? IS IT THE FIRE DEPARTMENTS THEMSELVES FOR MONEY THEY

MAY RAISE FROM FUNDRAISING DRIVES OR IS IT THE FIRE DISTRICTS THEY'RE

ASSOCIATED WITH BASED ON THE TAX REVENUE THEY COLLECT FROM THEIR LEVY?

(PAUSE)

MS. WEINSTEIN: IT'S -- IT'S ESTIMATED TO BE $750

PER FIREFIGHTER AND IT WOULD BE THE OFFICE OF FIRE PREVENTION CONTROL

WILL PROMULGATE RULES AND REGULATIONS NECESSARY TO IMPLE -- IMPLEMENT

THE PROVISIONS OF THE SECTION.

MR. JENSEN: SO IS IT $750 PER FIREFIGHTER IF THEY

ACCOMPLISH X, Y AND Z TRAINING OR IS IT PER TRAINING EVOLUTION --

MS. WEINSTEIN: THAT'S REALLY THE ESTIMATE OF WHAT

IT WOULD BE.

MR. JENSEN: OKAY. SO IT'S NOT -- SO TAKE FOR

EXAMPLE A FIRE FIGHTER 1 COURSE THAT MAY BE UPWARDS OF 100 HOURS FOR

NYS ASSEMBLY MAY 1, 2023

COMPLETION. THEY WOULDN'T GET SAY MINIMUM WAGE PER HOUR FOR THE

COMPLETION OF THAT COURSE EVEN IF THEY'RE AT THE STATE FIRE ACADEMY IN

MONTOUR FALLS.

MS. WEINSTEIN: NOT NECESSARILY, CORRECT.

MR. JENSEN: IS IT -- DOES -- I KNOW YOU SAID IT WAS

ESTIMATION BUT WOULD THAT $750 PER TRAINING, WOULD THAT CHANGE BASED

ON WHAT THE TRAINING IS?

MS. WEINSTEIN: I MEAN THAT'S THE DOB ESTIMATE.

I COULDN'T TELL YOU THE PARTICULARS FOR ANY INDIVIDUAL DEPARTMENT.

MR. JENSEN: OKAY. DO WE KNOW IF THIS INCOME IS

GOING TO BE TAXABLE INCOME UNDER NEW YORK STATE?

(PAUSE)

MS. WEINSTEIN: IT'S NOT GOING TO BE TAXABLE BY THE

STATE.

MR. JENSEN: IT'S NOT TAXABLE INCOME AND JUST TO

MAKE SURE I'M CORRECT. SO IT'S NOT THE -- IF A FIRE DISTRICT LEVIES TAXES,

THEY'RE NOT GOING TO BE PAYING THE STIPEND OUT OF THEIR GENERAL FUND,

IT'S GOING -- IT'S GOING TO BE MONEY COMING FROM OFPC VIA GRANT SO IT'S

NOT LOCAL TAXPAYERS PICKING UP THIS COST.

MS. WEINSTEIN: CORRECT.

MR. JENSEN: OKAY. I KNOW IN SOME COMMUNITIES

WHERE THEY HAVE VOLUNTEERS FOR THINGS LIKE ZONING BOARD OR OTHER

DIFFERENT PLANNING REVIEW BOARDS THERE'S A STIPEND ASSOCIATED WITH THAT.

AND I KNOW WHEN LOCALITIES MAY COMPENSATE THEIR TIME FOR THIS

THROUGH A STIPEND, THEY'RE ELIGIBLE TO JOIN THE NEW YORK STATE

NYS ASSEMBLY MAY 1, 2023

RETIREMENT SYSTEM. WILL VOLUNTEER FIREFIGHTERS WHO ARE NOT MEMBERS

OF STATE RETIREMENT SYSTEM ALSO BE ELIGIBLE TO JOIN THE STATE RETIREMENT

SYSTEM FOR THE COMPENSATED TRAINING?

MS. WEINSTEIN: THERE'S NOTHING HERE THAT

PROVIDES FOR THAT.

MR. JENSEN: WOULD THEY BE ABLE TO JOIN A UNION IF

THE FIRE DISTRICT HAS AN EXISTING UNION AS PART OF IT?

MS. WEINSTEIN: WE DON'T MAKE ANY CHANGES

RELATING TO -- TO THAT IN THIS PROPOSAL.

MR. JENSEN: IS THERE ANY CONCERN THAT THIS

PROGRAM, IF IMPLEMENTED, WOULD VIOLATE THE FAIR LABOR STANDARDS ACT?

MS. WEINSTEIN: NO, WE DO NOT HAVE CONCERNS IN

THAT REGARD.

MR. JENSEN: OKAY. THANK YOU, MADAM CHAIR. I

APPRECIATE YOUR ANSWERS. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. ANGELINO.

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

MADAM CHAIR YIELD FOR SOME QUESTIONS?

ACTING SPEAKER AUBRY: MS. WEINSTEIN?

MS. WEINSTEIN: YES.

ACTING SPEAKER AUBRY: MS. WEINSTEIN

YIELDS.

MR. ANGELINO: REGARDING THE CONCEALED CARRY

IMPROVEMENT ACT, THERE WERE SOME AMENDMENTS IN THERE. WHEN THE

LAW ORIGINALLY WAS DISCUSSED LAST YEAR IN EXTRAORDINARY SESSION, THERE'S

NYS ASSEMBLY MAY 1, 2023

A WHOLE SECTION IN THERE ABOUT AMMUNITION PURCHASES. WERE THERE ANY

AMENDMENTS OR CHANGES TO THE AMMUNITION PURCHASES?

MS. WEINSTEIN: NO.

MR. ANGELINO: THANK YOU. THAT'S OKAY. SHE

DIDN'T YELL AT ME.

MS. WEINSTEIN: IT WAS TOO SHORT OF A QUESTION,

SORRY.

MR. ANGELINO: WELL, I -- I WAS CONCERNED ABOUT

THAT BECAUSE I HAVE A WHOLE -- THERE'S A -- A GROUP OF MY CONSTITUENTS

THAT ARE REALLY HAVING DIFFICULTY PURCHASING AMMO THAT I'LL SPEAK ABOUT

ON THE BILL. I'M GLAD MY COLLEAGUE ASKED ALL THOSE QUESTIONS ABOUT THE

VOLUNTEER FIREFIGHTER STIPEND BECAUSE I HAD A WHOLE BUNCH AND HE

ASKED THEM AND I WISH I WERE HIS CONSTITUENT. UNDER THE CIVIL SERVICE

LAW I SEE THERE'S SOME CHANGES TO 55B, THE EMPLOYMENT OF PEOPLE

WITH DISABILITIES. YOU'RE INCREASING THAT FROM 1,200 TO 1,700 AND THAT'S

55B OF THE CIVIL SERVICE LAW. WERE THERE ANY CHANGES TO 55C LIKE

CHARLIE?

MS. WEINSTEIN: NO, THERE WERE NOT.

MR. ANGELINO: OKAY, THANK YOU. AND I'VE BEEN

HAVING TROUBLE -- THERE'S A LOT OF INTERESTING THINGS IN HERE. IS THIS

ABOUT THE TIME I SHOULD BE ASKING YOU ABOUT THE RETIREMENT OF STATE LAW

ENFORCEMENT OFFICERS OF THE 25 YEAR PLAN?

MS. WEINSTEIN: THIS WOULD BE THE APPROPRIATE

TIME TO ASK THAT QUESTION.

MR. ANGELINO: OKAY, BECAUSE I COULDN'T FIND IT SO

NYS ASSEMBLY MAY 1, 2023

I WAS HOPING I WAS GOING TO FIND IT SOMEPLACE ELSE. THERE'S THREE

STATEWIDE LAW ENFORCEMENT AGENCIES; PARK POLICE, SUNY CAMPUS

POLICE, THE ENCON OFFICERS AND FOREST RANGERS. THEY'RE FINE AGENCIES

BUT THEY'RE LOSING OFFICERS BECAUSE THEY'RE NOT COMPETITIVE BECAUSE

THEY HAVE 25 YEAR RETIREMENT. IS THERE ANYTHING IN HERE THAT GIVES THEM

EQUITY TO OTHERS?

MS. WEINSTEIN: UNFORTUNATELY, NO.

MR. ANGELINO: OKAY, BECAUSE WE'VE HEARD ALL

KINDS OF EXCUSES BACK AND FORTH OF WHY THAT DOESN'T HAPPEN BUT I

PROMISED THEM THAT I WOULD ASK.

MS. WEINSTEIN: WELL, AS YOU ARE AWARE THAT WAS

LEGISLATION THAT WE DID PASS. IT WAS VETOED AND WHILE WE ARE

SUPPORTIVE OF IT WE COULD NOT GET AN AGREEMENT TO INCLUDE IT IN THIS

BUDGET.

MR. ANGELINO: THANK YOU, I APPRECIATE IT.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. ANGELINO: SO THE QUESTIONS I JUST ASKED AND

WERE ANSWERED VERY QUICKLY, THE SECTION OF THE CIVIL SERVICE LAW 55C

THAT'S THE PART THAT EMPLOYEES DISABLED AND WOUNDED VETERANS. AND

THIS COUNTRY'S BEEN AT WAR FOR 20 YEARS AND WE HAVE A WHOLE SLEW OF

NEW WOUNDED VETERANS AND I WOULD HAVE LIKED TO HAVE SEEN THOSE

NUMBERS INCREASE FOR THEIR EMPLOYMENT ABILITIES, AND I GUESS I'LL TRY TO

TAKE THAT UP THROUGH MY POSITION ON THE VETERANS COMMITTEE. THE

OTHER IS THE CONCEALED CARRY IMPROVEMENT ACT. I TRIED TO CRACK THE

NYS ASSEMBLY MAY 1, 2023

CODE ON THIS, I KNEW IT WAS BEING NEGOTIATED BUT I -- I COULDN'T GET ANY

OF MY QUESTIONS ASKED OR ANY OF MY CONCERNS BROUGHT TO YOUR

NEGOTIATIONS OF THE MAJORITY. BUT I REPRESENT A HUGE AMISH

COMMUNITY. AMISH DO NOT GET THEIR PHOTOGRAPHS TAKEN AND THE AMISH

BUY A LOT OF AMMUNITION BECAUSE THEY HUNT AND FISH AND THEY'RE PRETTY

SELF-SUSTAINED. THEY CAN'T BUY THEIR AMMUNITION WITHOUT BEING A FELON,

THEY CAN'T HAVE ANYBODY GIVE THEM AMMUNITION WITHOUT BEING --

SOMEBODY BEING A FELON. A FFL DEALER CANNOT SELL IT TO THEM BECAUSE

THEY DON'T HAVE PHOTO ID. SO, I DON'T KNOW HOW IT'S WORKING OUT. I

DON'T KNOW IF THEY'RE JUST FINDING AMMUNITION LAYING ON THE SIDE OF THE

ROAD NEAR THEIR MAILBOX, BUT THAT'S A GROUP OF PEOPLE THAT SHOULD BE

CONSIDERED IF WE'RE GOING TO MAKE FURTHER AMENDMENTS. THE AMISH

COMMUNITY, THEY'RE PRETTY MUCH LEFT OUT IN THE DARK WHEN IT COMES TO

BEING ABLE TO BUY AMMUNITION IN NEW YORK STATE. AND LET ME JUST

CHECK IF I HAVE ANYTHING MORE I WANTED TO COMMENT ON, IT WAS

PROBABLY VOLUNTEER FIREFIGHTER THINGS. SO, MR. SPEAKER, THANK YOU VERY

MUCH. I'M COMPLETE.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. SIMPSON.

MR. SIMPSON: THANK YOU, MR. SPEAKER. WOULD

THE CHAIRWOMAN WEINSTEIN YIELD?

ACTING SPEAKER AUBRY: MS. WEINSTEIN?

MS. WEINSTEIN: YES.

ACTING SPEAKER AUBRY: MS. WEINSTEIN

YIELDS.

NYS ASSEMBLY MAY 1, 2023

MR. SIMPSON: THANK YOU. I JUST HAVE A CLARIFYING

QUESTION. WHEN THIS WAS PASSED, THE CCIA WAS PASSED, THERE WAS A LOT

OF DISCUSSION ABOUT THE DEFINITION OF PARKS AND WHETHER IT INCLUDED THE

ADIRONDACK PARK AND THE CATSKILL PARK. AND I KNOW THAT THERE'S CLARITY

NOW ON PRIVATE PROPERTY WITHIN THOSE REGIONS. DID WE CLARIFY THE STATE

LAND WITHIN THE ADIRONDACK PARK AND CATSKILL PARK?

MS. WEINSTEIN: WE DO CLARIFY THE DEFINITION OF

PUBLIC PARK THAT IT SHALL NOT INCLUDE ANY PRIVATE -- PRIVATELY HELD LAND

WITHIN A PUBLIC PARK NOT DEDICATED TO PUBLIC USE OR FOREST PRESERVE IS

ALSO NOW DEFINED AS LANDS WITHIN SPECIFIC COUNTY EXCEPT ANY PRIVATE

PROPERTY LAND WITHIN THE LIMITS OF A VILLAGE OR CITY AND THE ADIRONDACK

OR CATSKILL PARKS.

MR. SIMPSON: SO YOU SAID WITHIN THE LIMITS --

MS. WEINSTEIN: THE PRIVATE LAND IS NOT INCLUDED

EVEN IF IT EXISTS WITHIN THE ADIRONDACK OR THE CATSKILL PARK, AND THE

FOREST PRESERVE AS WELL.

MR. SIMPSON: OKAY. THANK YOU FOR THAT

CLARIFICATION. NO FURTHER QUESTIONS. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MR. MANKTELOW.

MR. MANKTELOW: THANK YOU, MR. SPEAKER.

WOULD CHAIRWOMAN YIELD FOR JUST ONE QUESTION?

MS. WEINSTEIN: SURE.

MR. MANKTELOW: THANK YOU, MS. WEINSTEIN.

BACK TO THE CONCEALED CARRY IMPROVEMENT ACT, I KNOW WE TALK ABOUT

NYS ASSEMBLY MAY 1, 2023

MILITARY CEREMONIES AND I KNOW IN MY AREA WE HAVE A LOT OF DIFFERENT

CEREMONIES THAT REALLY ATTRIBUTE TO OUR MILITARY. AND ONE OF THOSE IS

OUR FIFE AND DRUM BANDS THAT MARCH WITH THE MILITARY, SOMETIMES WITH

MILITARY CEREMONIES, SOMETIMES WITH OTHER PARADES. ARE THEY ALLOWED

TO CARRY THEIR -- THEIR WEAPONS IN THOSE PARADES AS WELL; IS THAT CORRECT?

MS. WEINSTEIN: YES, YES.

MR. MANKTELOW: AND SOMETIMES WHEN THEY'RE

MARCHING -- AND WHY I'M ASKING THE QUESTION IS I KNOW THIS YEAR UP IN

OUR AREA THERE'S GOING TO BE A CONTINGENCY OF OUT-OF-COUNTRY FIFE AND

DRUM GROUPS THAT ARE COMING TO -- TO NEW YORK STATE. AND ARE THEY

ALLOWED TO USE THEIR MUSKETS, TOO, AS WELL IN -- IN THAT PARADE?

MS. WEINSTEIN: IF IT IS WITHIN ONE OF THE

PERMITTED ACTIVITIES, YES. YOU KNOW, SPECIFICALLY AS WE DISCUSSED

PERSONS WHILE PARTICIPATING IN MILITARY CEREMONIES, FUNERALS AND OUR

GUARDS -- HONOR GUARDS RATHER, YES.

MR. MANKTELOW: SO MARCHING IN -- MARCHING IN

A PARADE WOULD BE PART OF THAT AS WELL?

MS. WEINSTEIN: YES, YES.

MR. MANKTELOW: OKAY. AND THEY WOULD BE

ALLOWED TO CARRY THEIR WEAPONS AND SHOW THEM HOW THEY USE THEM LIKE

REENACTMENTS; IS THAT CORRECT?

MS. WEINSTEIN: YES.

MR. MANKTELOW: OKAY, THAT'S ALL I HAVE THEN,

CHAIR. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

NYS ASSEMBLY MAY 1, 2023

MR. PIROZZOLO.

MR. PIROZZOLO: THANK YOU, MR. SPEAKER. I'D LIKE

TO ASK THE CHAIRMAN IF SHE'D YIELD -- CHAIRWOMAN, SORRY.

MS. WEINSTEIN: YES.

ACTING SPEAKER AUBRY: MS. WEINSTEIN

YIELDS.

MR. PIROZZOLO: I WOULD, TOO, WOULD ALSO LIKE A

LITTLE BIT OF CLARIFICATION ON THE CONCEALED CARRY ACT.

MS. WEINSTEIN: SURE.

MR. PIROZZOLO: LET ME JUST STATE, THOUGH, FOR THE

RECORD THAT I THINK ANY ATTEMPT TO PREVENT PEOPLE WHO HAVE A

CONCEALED CARRY PERMIT FROM CARRYING, I DISAGREE WITH, BUT THERE ARE

SOME THINGS THAT, YOU KNOW, I HAVE READ THAT, YOU KNOW, IN THE INITIAL

STATEMENT I DIDN'T HAVE CLARIFICATION, I HAVE A LITTLE MORE CLARIFICATION

HERE BUT I'D JUST LIKE TO BE SURE. WE'RE TALKING ABOUT THE REGULATION OR

PREVENTING PEOPLE WHO HAVE A CARRY PERMIT FROM CARRYING IN AREAS THAT

ARE DESIGNATED BY OR AREAS THAT ARE UNDER THE CONTROL OF FEDERAL, STATE

OR LOCAL GOVERNMENT. IT GOES ON TO MENTION SPECIFICALLY TIMES

SQUARE. AND I KNOW THAT WE HAVE IMPROVED THIS ACT, IF THAT COULD BE

SAID AS FAR AS PEOPLE WHO ARE COURT OFFICERS, PEOPLE WHO WORK AND

THINGS LIKE THAT, BUT I'M VERY CONCERNED ABOUT SECURITY GUARDS. AND I

DO SEE IN SECTION E THAT SECURITY GUARDS IS DEFINED OR PEOPLE WHO ARE

REGISTERED TO CARRY A WEAPON CAN DO SO WHILE AT THE LOCATION OF THEIR

EMPLOYMENT. SO MY CONCERN IS ABOUT THE LOCATION, BECAUSE MANY

TIMES WE HAVE SECURITY GUARDS WHO WORK FOR ARMED SECURITY AGENCIES

NYS ASSEMBLY MAY 1, 2023

WHO WILL BE DRIVING FROM LOCATION TO LOCATION, IN AND OUT OF LOCATIONS

SO I WANT TO KNOW IF THEY ARE INCLUDED IN THAT. WILL THEY BE ABLE TO

WORK WITHOUT HAVING A PROBLEM?

MS. WEINSTEIN: IT COVERS PEOPLE WHILE WORKING

SO IF THEY ARE WORKING IN -- AS THEY DRIVE FROM LOCATION TO LOCATION --

MR. PIROZZOLO: WHILE AT THE LOCATION, NOT AT THE

LOCATIONS OR NOT THAT THEY CAN BE MOVING AROUND. SO I WOULD LIKE

CLARITY ON THAT.

MS. WEINSTEIN: IF THEY ARE -- IF THEY ARE WORKING I

THINK IT'S CLEAR THAT WHILE WORKING THEY CAN CARRY.

MR. PIROZZOLO: ARE WE SURE?

MS. WEINSTEIN: SECURITY EXISTING LAW THAT

SECURITY GUARDS GRANT A SPECIAL ARMED REGISTRATION CARD AT THE LOCATION

OF THEIR EMPLOYMENT DURING THEIR WORK HOURS AS SUCH A SECURITY GUARD.

MR. PIROZZOLO: OKAY.

MS. WEINSTEIN: SO THE WORK HOURS INCLUDES THE

TRAVELING FROM LOCATION TO LOCATION.

MR. PIROZZOLO: I REALLY JUST WANTED TO BE SURE

BECAUSE THAT -- THAT WAS A BIG PROBLEM WE HAD LAST TIME. AND YOU

KNOW YOU HAVE PEOPLE WHO ARE TRYING TO MAKE A LIVING DOING THEIR JOB,

ALL OF A SUDDEN COMING UNDER -- UNDER SCRUTINY. THANK YOU VERY MUCH.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, MR.

PIROZZOLO.

MR. SMULLEN.

NYS ASSEMBLY MAY 1, 2023

MR. SMULLEN: THANK YOU, MR. SPEAKER. WOULD

THE SPONSOR YIELD FOR A QUESTION?

MS. WEINSTEIN: YES.

ACTING SPEAKER AUBRY: SPONSOR YIELDS.

MR. SMULLEN: WELL, THANK YOU, CHAIR. THIS IS

ANOTHER QUESTION ON PART F, THE CONCEALED CARRY IMPROVEMENT ACT.

DO ANY OF THE AMENDMENTS THAT ARE PRESENTED TO US TODAY AND THE BILL

WE PASSED LAST YEAR, DO ANY OF THEM HAVE ANY FISCAL IMPLICATIONS TO

NEW YORK STATE?

MS. WEINSTEIN: NO.

MR. SMULLEN: WELL, THANK YOU.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. SMULLEN: SO HERE WE ARE ON A MESSAGE OF

NECESSITY. WE'RE HERE BECAUSE THE GOVERNOR'S DEEMED THAT THIS IS SO

IMPORTANT THAT WE WOULDN'T HAVE THREE DAYS TO AGE THIS BILL, TO TAKE A

LOOK AT IT, TO TALK TO PEOPLE AROUND THE STATE ABOUT IT AND SAY WE CAN

NOW MOVE FORWARD ON VOTING YES OR NO ON THIS BILL. AND THAT SEEMS

JUST LIKE WHEN WE PASSED THE CONCEALED CARRY IMPROVEMENT ACT LAST

YEAR IN JULY IN A SPECIAL SESSION ON A MESSAGE OF NECESSITY WHEN WE

HAD EXACTLY THE SAME SITUATION AS WE HAVE BEFORE US TODAY. I'VE WENT

THROUGH ALL OF THE PROPOSED AMENDMENTS TO THE CONCEALED CARRY

IMPROVEMENT ACT AND I'M HERE TO SAY, FROM MY PERSPECTIVE, NONE OF

THEM GO FAR ENOUGH FOR AN ACT WHICH NEEDS TO BE REVIEWED JUDICIALLY.

AND THE CYNIC IN ME SAYS THAT THIS IS AN ATTEMPT TO SOFTEN SOME OF THE

NYS ASSEMBLY MAY 1, 2023

PROVISIONS OF THE CONCEALED CARRY IMPROVEMENT ACT TO MAKE IT MORE

PALATABLE TO WHERE IT SITS RIGHT NOW IN THE SECOND CIRCUIT COURT OF

APPEALS TO FEDERAL JUDGES WHO ARE ACTUALLY HAVE HEARD ARGUMENTS AND

ARE ACTUALLY CONSIDERING WHAT TO DO ABOUT THIS BILL. AND THE -- THE

FURTHER CYNIC IN ME SAYS THAT WE'RE TRYING TO CORRECT A BAD BILL THAT WAS

RUSHED THROUGH ON A MESSAGE OF NECESSITY FROM LAST YEAR. SO WHEN --

WHEN I SEE ALL OF THESE THINGS AND I LOOK AT THE -- THE AGGREGATE IN TOTAL

AND SAY WHAT ARE WE TRYING TO DO HERE, WE'RE PUTTING POLICY FIXES IN THE

BUDGET TO BAD POLICY THAT WE RUSHED THROUGH LAST SUMMER. SO FOR THOSE

REASONS I'LL BE VOTING NO ON THIS PARTICULAR SECTION OF THE BUDGET BILL

AND LOOK FORWARD TO HOW THE JUDICIARY ACTUALLY REVIEWS THIS WHETHER AS

THE SECOND CIRCUIT COURT OF APPEALS OR AGAIN AT THE UNITED STATES

SUPREME COURT IN CONFORMANCE WITH JUSTICE THOMAS'S DECISION IN THE

BRUEN CASE. THANK YOU VERY MUCH, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MR. DESTEFANO.

MR. DESTEFANO: 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.

MR. DESTEFANO: THANK YOU, CHAIRWOMAN. THIS

IS GOING TO BE MORE LIKE A FOLLOW-UP TO WHEN WE'RE DOING THE

NYS ASSEMBLY MAY 1, 2023

ONE-HOUSE BUDGET AND I WAS JUST HOPING TO SEE SOME OF THOSE CHANGES

OR LANGUAGE IN THE BUDGET WHICH I HAVEN'T SEEN SO I'M GOING TO ASK AS A

FOLLOW-UP TO THOSE QUESTIONS THAT I ASKED YOU DURING THE ONE-HOUSE

BUDGET. WHEN WE TALKED ABOUT THE OUT-OF-NETWORK DOCTORS THAT THE

GOVERNOR DID HER EXECUTIVE ORDER ON TO LOWER THE REIMBURSEMENT, IS

THERE ANY REASON WHY THAT WAS NOT PUT INTO THE BUDGET FOR THE

OUT-OF-NETWORK DOCTORS?

(PAUSE)

MS. WEINSTEIN: IT'S -- IT'S NOT PART OF THE BUDGET.

IT'S AN ISSUE WITH GOVERNMENT EMPLOYEES.

MR. DESTEFANO: HEALTH BENEFITS FOR THE

EMPLOYEES ARE, AND THAT SHOULD BE PUT SOMEWHERE IN THE BUDGET WHERE

WE'RE TALKING ABOUT THE BENEFITS THAT OUR EMPLOYEES RECEIVE FROM OUR

STATE, AND WE SAY WE WOULD ADDRESS THAT AT A LATER DATE.

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

MR. DESTEFANO: OKAY. IN THE GOVERNOR'S STATE

OF THE STATE SHE HIGHLIGHTED THAT THE STATE WILL EXPERIENCE A SIGNIFICANT

WORKERS SHORTAGE. WE ARE PLEASED TO SEE THAT THERE ARE SOME

MODIFICATIONS WITH THE CIVIL SERVICE CONTINUOUS TESTING. HOW MUCH

WILL THE STATE LOSE ON THE FEE WAIVER FOR THE -- GIVING THOSE CONTINUOUS

TESTS? DO WE KNOW?

MS. WEINSTEIN: WELL, WE HAVE ADDED $2.5

MILLION TO COVER THE -- THE WAIVERS FOR THESE NEXT FEW YEARS.

MR. DESTEFANO: AND DO YOU THINK THAT THAT'S

GOING TO BE ENOUGH TO COMBAT THE PROBLEM OF THE WORKER SHORTAGES

NYS ASSEMBLY MAY 1, 2023

THAT WE ARE EXPERIENCING IN THE STATE?

MS. WEINSTEIN: WE ARE HOPEFUL THAT IT WILL

ENCOURAGE PEOPLE TO TAKE THE CIVIL SERVICE EXAMS.

MR. DESTEFANO: BECAUSE IT'S GOING TO BE FREE TO

TAKE? IS THAT THE IDEA?

MS. WEINSTEIN: I'M SORRY?

MR. DESTEFANO: IT'S FREE FOR THEM TO TAKE THE

TEST?

MS. WEINSTEIN: YES, YES. AND THERE'S ALSO

PROMOTIONS ABOUT THE IMPORTANCE OF -- THE BENEFITS OF WORKING FOR

MUNICIPAL GOVERNMENT AND STATE GOVERNMENT.

MR. DESTEFANO: OKAY. SO FOR THE CONTINUOUS

RECRUITMENT AND GIVING THESE TESTS ON A -- ON A REVOLVING BASIS, WHO

DETERMINES WHICH TESTS ARE GOING TO BE ON THE CONTINUOUS TESTING

PROGRAM?

(PAUSE)

MS. WEINSTEIN: SO THE LOCAL AND STATE

GOVERNMENTS WOULD BE ABLE TO DETERMINE WHICH -- BASED ON WHERE

THERE ARE NEEDS.

MR. DESTEFANO: SO THE LOCALITIES WILL BE THE ONES

LIKE THE COUNTIES WHO GIVE CIVIL SERVICE TESTS, THEY'RE THE ONES THAT ARE

GOING TO MAKE THAT DECISION WHICH TESTS WILL BE ON AN ONGOING BASIS?

MS. WEINSTEIN: YES.

MR. DESTEFANO: OKAY. SO IN MY OPINION AS I --

AS I MENTIONED HERE SEVERAL TIMES, I'VE BEEN A -- I WAS A CIVIL SERVANT

NYS ASSEMBLY MAY 1, 2023

FOR OVER 30 YEARS WORKING FOR MY COUNTY. DOESN'T THAT LOOK LIKE IT

PERCEIVES THE IDEA THAT IT'S LIKE CHERRY-PICKING WHICH ONES ARE GOING TO

BE AVAILABLE ON A CONTINUOUS BASIS RATHER THAN A SET TIME FOR WHEN

CERTAIN TESTS WILL BE GIVEN?

MS. WEINSTEIN: WELL, YOU KNOW, WHERE -- IT'S --

IT'S NOT REALLY FOR US TO BE MICROMANAGING THIS AREA. THE LOCALITIES

WOULD HAVE A MUCH -- AND THE STATE WILL HAVE A MUCH CLEARER

UNDERSTANDING OF WHERE THERE'S A DEMAND WHERE WE NEED ADDITIONAL

PERSONNEL. SO THAT WOULD -- IT WOULD BE UP TO THOSE DISCUSSIONS.

MR. DESTEFANO: SO THE COUNTY THAT'S GOING TO BE

MAKING THE CRITERIA FOR WHICH TESTS ARE GOING TO BE ON AN ONGOING

BASIS, DOESN'T THAT GIVE THE APPEARANCE OF POSSIBLE CRONYISM OR

NEPOTISM WHEN THEY KNOW SOMEBODY'S FRIEND OR COUSIN OR GRANDFATHER

NEEDS A -- A JOB AND THEY'RE GOING TO, YOU KNOW, JUST CONTINUE THOSE

TESTS BECAUSE WE KNOW A LOT OF PEOPLE THAT ARE IN THE FAMILY NEED TO

TAKE A TEST TO GET THE JOB?

MS. WEINSTEIN: WELL, I -- I WOULD HOPE NOT.

MR. DESTEFANO: OH, OKAY, MOVING ON. WE TALK

A LOT ABOUT THE -- WHEN WE'RE GOING TO WAIVE THE -- THE CAP FOR THE

35,000 FOR ANOTHER YEAR FOR PUBLIC SCHOOL EMPLOYEES TO BE ABLE TO --

WAS THERE ANY THOUGHT GIVEN TO EXCEED THAT AMOUNT FOR OTHER POSITIONS

WITHIN THE STATE? BECAUSE WE KNOW AS YOU SAY, WE HAVE A CRISIS WITH

THE AMOUNT OF PEOPLE THAT WORK IN PUBLIC EMPLOYMENT. AND ONE OF THE

DETERRENT FACTORS IS THE $35,000 CAP THAT THEY CANNOT EXCEED IF THEY'RE

ALREADY RECEIVING A PENSION. WE HAD TALKED ORIGINALLY ABOUT THAT, THAT

NYS ASSEMBLY MAY 1, 2023

WE WERE GOING TO MAYBE MOVE THAT INTO ANOTHER LEVEL, AND I WAS JUST

WONDERING, YOU KNOW, BEING THE CHAIR OF WAYS AND MEANS IF THAT WAS

EVER CONSIDERED TO DO THAT IN ANY OTHER JOB?

MS. WEINSTEIN: THAT WAS NOT DISCUSSED AS PART OF

THIS BUDGET.

MR. DESTEFANO: OKAY. AGAIN, GOING BACK TO

THAT ORIGINAL ONE-HOUSE BUDGET DEBATE WE HAD TIER 6. WE -- WE HEAR A

LOT ABOUT IT. I THINK THAT'S ONE OF THE THINGS THAT IS LACKING IN OUR

BUDGET PROCESS BECAUSE WHEN WE TALK ABOUT IT THEY SAY IT'S GOT BE A

STANDALONE BILL AND THEN SOMEBODY ELSE SAYS WELL, NO, IT'S JUST GOT TO BE

IN THE BUDGET PROCESS AND OBVIOUSLY IT'S OMITTED FROM THIS. IS THERE ANY

CONSIDERATION BEING GIVEN TO REFORM TIER 6?

MS. WEINSTEIN: THERE IS -- IT'S NOT IN THIS BILL.

MR. DESTEFANO: OKAY.

MS. WEINSTEIN: OR THIS BUDGET.

MR. DESTEFANO: OKAY. YOU KNOW, WE TALK

ABOUT IT ALL THE TIME AND IT ALWAYS SEEMS LIKE WE'RE KICKING IT DOWN THE

ROAD, BUT THERE'S A LEGITIMATE PROBLEM WITH THE -- WITH THE AMOUNT OF

EMPLOYEES THAT WE ARE LACKING IN STATE GOVERNMENT, COUNTY

GOVERNMENT, LOCAL GOVERNMENTS, YOU KNOW, TOWNS, VILLAGES. I WOULD

JUST HAVE HOPED THAT WE HAD ADDRESSED THOSE SEEING AS WE HAVE THE

HIGHEST BUDGET EVER BEING INTRODUCED INTO THE STATE. SOME OF THOSE

THINGS THAT ARE HAVING A PROBLEM I WOULD THINK WOULD BE LANDING IN

THIS BUDGET IN SOME WAY, SHAPE OR FORM, MAYBE JUST FOR A LITTLE BIT OF

PROGRESS. SO I WANT TO THANK YOU FOR ANSWERING MY QUESTIONS. I

NYS ASSEMBLY MAY 1, 2023

APPRECIATE IT. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. -- MS. BYRNES.

MS. BYRNES: THANK YOU, MR. SPEAKER. IF THE

CHAIRWOMAN WOULD YIELD.

MS. WEINSTEIN: YES.

ACTING SPEAKER AUBRY: MS. WEINSTEIN

YIELDS.

MS. BYRNES: THANK YOU. JUST -- I KNOW THAT AS

SOON AS I START MAKING POSTS, SOMEONE'S GOING TO ASK A QUESTION, I

KNOW WHAT IT'S GOING TO BE. SO I'M GOING TO RIGHT NOW, BY THE WAY OF

CLARIFICATION, ASK YOU A QUESTION THAT I KNOW IS COMING AT MOST OF OUR

DIRECTION WITHIN AN HOUR. BY THE CHANGES THAT YOU ARE MAKING TO -- TO

THE GUN LAWS, ARE YOU AFFIRMATIVELY, THOUGH, INDICATING THAT ALL OF THE

SHOOTING SPORTS THAT ARE ENGAGED IN IN SPORTSMEN'S CLUBS, BE IT TRAP,

SKEET, FIVE-STAND, WHATEVER THE SHOOTING SPORT IS THAT THOSE ARE EXEMPT

FROM THE GUN LAWS --

MS. WEINSTEIN: WELL, I THINK I DID READ IT

PREVIOUSLY BUT MARKSMANSHIP TRAINING AND COMPETITION IS -- IS

INCLUDED.

MS. BYRNES: SO ANY OF THE SHOOTING SPORTS

INCLUDING PRACTICE FOR THEM ARE EXEMPT.

MS. WEINSTEIN: YES.

MS. BYRNES: THANK YOU.

ACTING SPEAKER AUBRY: MR. BLUMENCRANZ.

NYS ASSEMBLY MAY 1, 2023

MR. BLUMENCRANZ: THANK YOU. WILL THE

SPONSOR YIELD?

MS. WEINSTEIN: YES.

ACTING SPEAKER AUBRY: MS. WEINSTEIN

YIELDS, SIR.

MR. BLUMENCRANZ: THANK YOU. MY QUESTION IS

CONCERNING THE CYBERSECURITY BRIEFING PART NN.

MS. WEINSTEIN: YES.

MR. BLUMENCRANZ: SO WITH REGARDS TO THE

BRIEFING, IS THERE ANY SPECI -- SPECIFICITY TO THE RELATIONSHIP OR THE

COLLABORATION BETWEEN ITS AND CISO? IT WASN'T EXACTLY LAID OUT IN THE

LANGUAGE WE RECEIVED.

(PAUSE)

MS. WEINSTEIN: SO, THIS -- THE DEPARTMENT OF

HOMELAND SECURITY EVERY YEAR DOES BRIEFING FOR THE LEGISLATURE SO THIS

WILL -- BY INCLUDING THIS LANGUAGE WE'RE REQUIRING THAT CYBERSECURITY BE

PART OF THAT BRIEFING.

MR. BLUMENCRANZ: OKAY. SO MY NEXT QUESTION

WAS IN THE PAST, HAS CYBERSECURITY RESILIENCY BEEN TAKEN INTO

CONSIDERATION IN THIS REPORT?

MS. WEINSTEIN: THEY -- HAVING ATTENDED A

NUMBER OF THESE BRIEFINGS MYSELF, IT'S SOMETIMES BROUGHT UP BUT IT'S

NOT SPECIFICALLY -- IT HASN'T BEEN SPECIFICALLY REQUIRED SO IT WILL NOW BE

SPECIFICALLY REQUIRED. SO IT'S POSSIBLE THERE MAY BE A MORE ROBUST

DISCUSSION ABOUT CYBERSECURITY IN OUR STATE.

NYS ASSEMBLY MAY 1, 2023

MR. BLUMENCRANZ: GREAT, THANK YOU VERY

MUCH.

ACTING SPEAKER AUBRY: MS. GIGLIO.

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

SPONSOR YIELD?

ACTING SPEAKER AUBRY: MS. WEINSTEIN?

MS. WEINSTEIN: YES.

ACTING SPEAKER AUBRY: MS. WEINSTEIN

YIELDS.

MS. GIGLIO: GREAT, THANK YOU. SO WITH THE

ISSUANCE OF TEMPORARY RETAIL PERMITS FOR ALCOHOLIC BEVERAGES AND RETAIL

FACILITIES, I'M JUST CONCERNED ABOUT IT BECAUSE IF THEY DO NOT HAVE A

CERTIFICATE OF OCCUPANCY OR IF IT IS NOT A PERMITTED USE, ONCE THEY ARE

OPEN AND THE SLA HAS GIVEN THEM A TEMPORARY PERMIT, WHAT IS THE

PROCEDURE TO REMOVE THEM AFTER A YEAR WHEN THE SLA EVALUATES THE

PAPERWORK AND DECIDES THAT THEY SHOULD NOT BE THERE? DOES THIS

REQUIRE A LETTER FROM THE LOCAL GOVERNMENT OR MUNICIPALITY THAT ACTUALLY

PERMITS THIS TO EXIST AS A RETAIL SALE FOR RETAIL APPLICANTS?

MS. WEINSTEIN: RIGHT. SO THIS IS -- WE'RE REALLY

JUST EXTEND -- THIS IS AN EXTENDER, A ONE-YEAR EXTENDER. SO THE

TEMPORARY PERMIT CAN BE REVIEWED, SIMILAR TO IN TERMS OF THE INITIAL

APPLICATION CAN BE REVOKED IF THERE IS A REASON TO REVOKE IT.

MS. GIGLIO: OKAY. BECAUSE IT SAYS THAT THEY'RE

GOING TO ISSUE THE TEMPORARY PERMITS AND THEN THEY'LL WAIT FOR A FULL

REVIEW. SO I'M JUST ASKING IF THAT FULL REVIEW -- IF THAT TEMPORARY

NYS ASSEMBLY MAY 1, 2023

PERMIT WOULD REQUIRE A LETTER FROM THE LOCAL GOVERNMENT SAYING THAT IT'S

A PERMITTED USE IN THAT ZONING DISTRICT. BEFORE THE TEMPORARY PERMIT

COULD BE ISSUED.

MS. WEINSTEIN: SO WE DID NOT CHANGE THE

REQUIREMENT FOR NOTIFICATION TO THE LOCALITY OF THE APPLICATION.

MS. GIGLIO: SO IF A LOCAL GOVERNMENT WERE TO SAY

WE OBJECT AND IT'S NOT PERMITTED IN THAT ZONING DISTRICT THEN THE SLA

WOULD REVIEW THAT AND THEN THEY WOULD NOT ISSUE THE TEMPORARY PERMIT.

MS. WEINSTEIN: CORRECT. I HAD -- I HAD SOME OF

THESE QUESTIONS MYSELF IN -- IN MY COMMUNITY AND MY UNDERSTANDING

IS THAT THE LOCALITY CAN PREVENT THE TEMPORARY PERMIT FROM BEING

ISSUED.

MS. GIGLIO: THAT'S GREAT, THANK YOU. AND THEN ALSO

WHEN IT CAME TO THE CIVIL SERVICE TO PERMIT THE CONTINUOS RECRUITMENT

TESTING PROCESS, I MEAN THE PROBLEM WITH CIVIL SERVICE SEEMS TO BE

THAT THERE AREN'T AS -- AS MANY PEOPLE AS ARE NEEDED TO GRADE THE TESTS.

DON'T YOU THINK THAT FIXING THE INITIAL PROBLEM OF GETTING ENOUGH

PEOPLE TO ADMINISTER THE TEST AND THEN TO GRADE THE TEST MIGHT BE MORE

APPROPRIATE OR IF THERE IS A POSITION OPEN TO EXPEDITE THE REVIEW OF

THOSE TEST RESULTS RATHER THAN CHERRY-PICKING AS ONE OF MY FORMER

COLLEAGUES HAS STATED.

MS. WEINSTEIN: I -- I'M JUST NOT AWARE OF THAT

SITUATION. CERTAINLY WILL LOOK INTO IT.

MS. GIGLIO: YEAH, SOMETIMES IT CAN TAKE UP TO SIX

MONTHS FOR A TEST TO BE GRADED. AND THEN WHEN IT COMES TO THE LANDFILL

NYS ASSEMBLY MAY 1, 2023

CLOSURE UNDER THE ENVIRONMENTAL PROTECTION FUND WHERE WE ARE -- IT

WAS IN 2022-'23 IT WAS AT 750- THEN IT WAS 300 FOR 2023-'24 AND NOW --

SO IT'S REDUCING IT BY 450. AND IN MY DISTRICT WE HAVE -- AND ON LONG

ISLAND WE HAVE THE LAST LANDFILL THAT IS ABOUT TO CLOSE IN 2024, AND BY

LOWERING THAT LANDFILL CLOSURE BUDGETED AMOUNT IS REALLY VERY

PROBLEMATIC ESPECIALLY BECAUSE LOCALITIES ARE TRYING TO FIGURE OUT WHAT

THEY'RE GOING TO DO AND HOW THEY'RE GOING TO GET RID OF THE GARBAGE OFF

OF LONG ISLAND. AND REALLY, I MEAN WE NEED MORE MONEY TO FIGURE OUT

WHAT NEW MARKET FOR RECYCLABLES SO THAT WE DON'T HAVE AS MUCH

GARBAGE COMING OFF OF THE ISLAND.

MS. WEINSTEIN: WE CERTAINLY WILL LOOK INTO THAT,

ASSEMBLYMEMBER.

MS. GIGLIO: OKAY. I JUST THINK THAT LANDFILL

CLOSURES SEEING IT WAS A STATE UNFUNDED MANDATE AND IT'S PUT ON THE

TAXPAYERS OF LONG ISLAND THAT WE HAVE A MECHANISM TO GET RID OF OUR

GARBAGE AND ENOUGH MONEY TO DO IT. AND I -- I THANK YOU FOR

ANSWERING MY QUESTIONS. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MR. GOODELL.

MR. GOODELL: THANK YOU. WOULD THE SPONSOR

YIELD?

ACTING SPEAKER AUBRY: MS. WEINSTEIN?

MS. WEINSTEIN: YES.

ACTING SPEAKER AUBRY: SPONSOR YIELDS.

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

NYS ASSEMBLY MAY 1, 2023

THAT THE INCREASE IN FUNDING FOR ASSIGNED COUNSEL FOR INDIGENT LEGAL

SERVICES WAS INTENTIONALLY REMOVED FROM THIS BUDGET. DO WE

ANTICIPATE IT WILL SHOW UP SOMEWHERE ELSE?

MS. WEINSTEIN: YES.

MR. GOODELL: AND ARE WE ANTICIPATING AN

INCREASE? IT'S QUITE LOW NOW.

MS. WEINSTEIN: YES, YES.

MR. GOODELL: THANK YOU. I HAD SOME QUESTIONS

ON THE LOWER MANHATTAN SALES AND USE TAX EXEMPTION.

MS. WEINSTEIN: OKAY.

MR. GOODELL: IT'S MY UNDERSTANDING - THIS IS PART

AA - THAT THAT WAS INITIALLY IMPLEMENTED IN RESPONSE TO 9/11. 9/11 OF

COURSE WAS WHAT, TWENTY-TWO YEARS AGO? AND IT APPLIES OR PROVIDES A

SALES TAX EXEMPTION FOR OFFICE EQUIPMENT. WITH THE EXCEPTION OF THE

CHAIRS IN THIS CHAMBER MOST OFFICE EQUIPMENT IS REPLACED IN A MUCH

FASTER TIME FRAME THAN 20 PLUS YEARS. HOW LONG DO YOU ANTICIPATE THAT

THIS SALES TAX EXEMPTION WOULD APPLY TO OFFICE EQUIPMENT WITH A USEFUL

LIFE TYPICALLY OF THREE TO FIVE YEARS?

MS. WEINSTEIN: WELL, WE ARE MODIFYING THE

GOVERNOR'S PROPOSAL TO EXTEND THESE PROGRAMS FOR FOUR YEARS INSTEAD OF

THE FIVE YEARS.

MR. GOODELL: SO THIS TEMPORARY USE TAX

EXCEPTION [SIC] WILL ONLY APPLY FOR A QUARTER OF A CENTURY?

MS. WEINSTEIN: IT'S FOUR MORE YEARS.

MR. GOODELL: OKAY. HOW MUCH REVENUE IS

100

NYS ASSEMBLY MAY 1, 2023

EFFECTED BY THIS SALES AND USE TAX EXEMPTION?

(PAUSE)

MS. WEINSTEIN: SO ALL OF THESE TOGETHER WE

ESTIMATE 10 -- $10 MILLION.

MR. GOODELL: SO LOWER MANHATTAN, OF COURSE, IS

THE LOCATION OF THE NEW -- I MEAN RELATIVELY NEW FREEDOM TOWER,

RIGHT? AND IT'S -- OBVIOUSLY THAT'S WHERE WALL STREET IS. IT'S ACTUALLY

PROBABLY ONE OF THE HIGHEST ASSESSED AREAS IN NEW YORK STATE, EVEN IN

THE NATION. WHY IS IT THAT WE'RE PROVIDING SALES AND USE TAX

EXEMPTIONS TO ONE OF THE MOST PROFITABLE AND EXPENSIVE PARTS OF THE

COUNTRY?

MS. WEINSTEIN: THIS WAS REQUESTED BY NEW YORK

CITY.

MR. GOODELL: NO DOUBT. MOST LIKELY FROM LOWER

MANHATTAN, CORRECT?

MS. WEINSTEIN: NEW YORK CITY REPRESENTS ALL OF

THE FIVE BOROUGHS.

MR. GOODELL: THERE'S MANY OF US THAT COME FROM

DISTRICTS - AND THIS IS TRUE AS WELL IN NEW YORK CITY, CERTAINLY AREAS IN

BROOKLYN, THE BRONX, HARLEM, UPSTATE WHERE THE RESIDENTS ARE NOT AS

WEALTHY AS THOSE WHO LIVE IN LOWER MANHATTAN. IS THERE A

CONSIDERATION FOR HAVING A SALES AND USE TAX EXEMPTION THAT WOULD

APPLY TO THE POOR RESIDENTS OF THE STATE AS OPPOSED TO THE WEALTHIEST

RESIDENTS THAT WOULD HELP UPSTATERS ADDRESS, FOR EXAMPLE, THE IMPACT

OF INFLATION?

101

NYS ASSEMBLY MAY 1, 2023

MS. WEINSTEIN: SO THIS IS A PROPOSAL THAT THE CITY

OF NEW YORK HAS REQUESTED. THEY KNOW THEY'RE LOSING SOME FUNDS,

SALES AND USE TAX FROM THIS AND WE ARE GOING ALONG. THERE'S NOTHING

THAT PREVENTS US FROM LOOKING AT OTHER AREAS IN A FUTURE BUDGET.

MR. GOODELL: BUT WE'RE WAIVING OUR STATE SHARE

OF THE SALES AND USE TAX AS WELL, CORRECT?

MS. WEINSTEIN: YES.

MR. GOODELL: OKAY. SO YOU'RE SAYING THAT YOU

BELIEVE THE MAJORITY WOULD FAVORABLY REVIEW A REQUEST FROM ALL THE

POORER COUNTIES ACROSS THE STATE; BRONX, HARLEM, MY COUNTY, RURAL

COUNTIES FOR A WAIVER OF THE STATE SHARE OF SALES TAX ON OFFICE FURNITURE,

BUILDING RENOVATIONS, COMMERCIAL PROPERTY THAT WOULD BE LIKEWISE

CONSIDERED FAVORABLY?

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

THAT LOWER MANHATTAN IS A MAJOR GENERATOR OF IN -- INCOME TAX FOR

REVENUES FOR OUR STATE. AND THESE ARE PROGRAMS DESIGNED TO KEEP THAT

POPULATION IN NEW YORK CITY AND NEW YORK STATE.

MR. GOODELL: THANK YOU VERY MUCH. IN ORDER TO

QUALIFY FOR THE EXEMPTION, DO YOU HAVE TO ACTUALLY PURCHASE THE ITEM

IN LOWER MANHATTAN OR YOU CAN PURCHASE IT ANYWHERE IN THE UNITED

STATES?

(PAUSE)

MS. WEINSTEIN: IT NEEDS TO BE PURCHASED LOCALLY.

MR. GOODELL: PURCHASED IN LOWER MANHATTAN?

MS. WEINSTEIN: NOT NECESSARILY THERE BUT LOCALLY.

102

NYS ASSEMBLY MAY 1, 2023

LOCALLY AS THAT'S --

MR. GOODELL: WHAT DO YOU MEAN? IN NEW YORK

CITY YOU MEAN?

(PAUSE)

MS. WEINSTEIN: I'M SORRY. IT CAN BE PUR -- IT HAS

TO BE USED IN THE -- IN THIS AREA, CAN BE PURCHASED OTHER PLACES.

MR. GOODELL: SO THE EXEMPTION IS BASED ON

WHERE ITS INTENDED USE IS AS OPPOSED TO WHERE IT'S PURCHASED FROM.

MS. WEINSTEIN: CORRECT.

MR. GOODELL: I SEE. AND IS THERE ANY RECAPTURE

PROVISION THAT PREVENTS SOMEONE WHO'S INGENIOUS AND WANTS TO BUY

FURNITURE USING A WAREHOUSE IN MANHATTAN AND THEN RESELLING IT?

MS. WEINSTEIN: THERE ISN'T SOMETHING LIKE THAT,

BUT -- AS PART OF THIS BUT OBVIOUSLY ANY FRAUD COULD BE REPORTED TO THE

DEPARTMENT OF TAX AND FINANCE.

MR. GOODELL: OKAY. YEAH, YOU KNOW, I

APPRECIATE THE FACT THAT MOST OF THE FURNITURE IN MY OFFICE HAS A LITTLE

TAG SO THAT THE STATE CAN TRACK ITS LOCATION, CERTAINLY NOTHING

COMPARABLE HERE. I MEAN IF YOU BUY IT AND YOU CERTIFY YOU'RE IN LOWER

MANHATTAN AND YOU SHIP IT OFF TO SOME OTHER LOCATION, THERE'S REALLY NO

WAY TO TRACK THAT, CORRECT?

MS. WEINSTEIN: THESE ARE ITEMS THAT ARE -- THESE

EXEMPTIONS ARE AUDITED -- POTENTIALLY AUDITED BY THE TAX DEPARTMENT

SO I HAVE -- DO NOT HAVE A LOT OF CONCERN.

MR. GOODELL: THANK YOU VERY MUCH FOR YOUR

103

NYS ASSEMBLY MAY 1, 2023

COMMENTS. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MR. GALLAHAN.

MS. GALLAHAN: THANK YOU, MR. SPEAKER. WILL

THE SPONSOR YIELD FOR ONE QUESTION?

ACTING SPEAKER AUBRY: MS. WEINSTEIN, WILL

YOU YIELD?

MS. WEINSTEIN: YES.

MR. GALLAHAN: THANK YOU. AS A SMALL BUSINESS

OWNER, I'M CURIOUS ABOUT CARRYING MY CONCEALED HANDGUN THROUGH

DIFFERENT AREAS WHEN I GO TO BUY SUPPLIES AND -- AND I'D LIKE TO KNOW

WHAT I'D DO WHEN I -- WHEN I HAVE SUMS OF MONEY THAT I TAKE TO THE

BANK. ARE THERE ANY PROVISIONS IN THE NEW LANGUAGE THAT WOULD ALLOW

ME TO DO THAT?

MS. WEINSTEIN: WE HAVE NOT CHANGED THAT

DEFINITION THAT IF IT IS -- IF SOMEONE WITH A CONCEALED PERMIT'S GOING --

IF YOU'RE GOING TO PRIVATE PROPERTY, AS LONG AS THAT PRIVATE PROPERTY

OWNER ALLOWS IT, THERE'S NO STATE PROHIBITION.

MR. GALLAHAN: SO PICKING UP SUPPLIES, GOING TO

A -- GOING TO A WHOLESALE MEAT MARKET OR VEGETABLES MARKET?

MS. WEINSTEIN: IF THEY DON'T HAVE SIGNAGE OR

PROHIBITING.

MR. GALLAHAN: SO SIGNAGE IS STILL REQUIRED.

(PAUSE)

MS. WEINSTEIN: IT -- IT CAN BE JUST EXPRESSED

104

NYS ASSEMBLY MAY 1, 2023

CONSENT OR SIGNAGE THAT ALLOWS IT IN A PRIVATE SETTING.

MR. GALLAHAN: THANK YOU. THANK YOU, MR.

SPEAKER.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: PARTY VOTE HAS BEEN

REQUESTED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS BUDGET BILL. CERTAINLY THOSE

WHO SUPPORT IT CAN VOTE IN FAVOR HERE ON THE FLOOR. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. THE MAJORITY CONFERENCE IS GOING TO BE SUPPORTING THIS

PIECE OF LEGISLATION. HOWEVER, THERE MAY BE SOME WHO CHOOSE NOT TO

DO SO. THAT WOULD BE THEIR OPPORTUNITY TO DO SO. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 8, RULES REPORT NO. 126, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A03007-C, RULES

105

NYS ASSEMBLY MAY 1, 2023

REPORT NO. 126, BUDGET BILL. AN ACT TO AMEND PART H OF CHAPTER 59 OF

THE LAWS OF 2011, AMENDING THE PUBLIC HEALTH LAW AND OTHER LAWS

RELATING TO GENERAL HOSPITAL REIMBURSEMENT FOR ANNUAL RATES, IN RELATION

TO KNOWN AND PROJECTED DEPARTMENT OF HEALTH STATE FUND MEDICAID

EXPENDITURES (PART A); TO AMEND CHAPTER 451 OF THE LAWS OF 2007,

AMENDING THE PUBLIC HEALTH LAW, THE SOCIAL SERVICES LAW AND THE

INSURANCE LAW RELATING TO PROVIDING ENHANCED CONSUMER AND PROVIDER

PROTECTIONS, IN RELATION TO THE EFFECTIVENESS OF CERTAIN PROVISIONS

RELATING TO CONTRACTS BETWEEN PLANS, INSURERS, OR CORPORATIONS AND

HOSPITALS; TO AMEND PART C OF CHAPTER 58 OF THE LAWS OF 2007,

AMENDING THE SOCIAL SERVICES LAW AND OTHER LAWS RELATING TO

ADJUSTMENTS OF RATES, IN RELATION TO THE EFFECTIVENESS OF CERTAIN

PROVISIONS RELATING TO THE AMOUNT OF INCOME TO BE APPLIED TOWARD THE

COST OF MEDICAL CARE, SERVICES AND SUPPLIES OF INSTITUTIONALIZED

SPOUSES; TO AMEND CHAPTER 906 OF THE LAWS OF 1984, AMENDING THE

SOCIAL SERVICES LAW RELATING TO EXPANDING MEDICAL ASSISTANCE

ELIGIBILITY AND THE SCOPE OF SERVICES AVAILABLE TO CERTAIN PERSONS WITH

DISABILITIES, IN RELATION TO THE EFFECTIVENESS THEREOF; TO AMEND THE

SOCIAL SERVICES LAW, IN RELATION TO THE AGE OF ELIGIBILITY FOR HOME

AND COMMUNITY-BASED SERVICES WAIVERS; TO AMEND CHAPTER 313 OF THE

LAWS OF 2018, AMENDING THE PUBLIC HEALTH LAW RELATING TO BODY

IMAGING SCANNING EQUIPMENT, IN RELATION TO THE EFFECTIVENESS THEREOF;

TO AMEND CHAPTER 426 OF THE LAWS OF 1983, AMENDING THE PUBLIC

HEALTH LAW RELATING TO PROFESSIONAL MISCONDUCT PROCEEDINGS, IN

RELATION TO THE EFFECTIVENESS OF CERTAIN PROVISIONS THEREOF; TO AMEND

106

NYS ASSEMBLY MAY 1, 2023

CHAPTER 582 OF THE LAWS OF 1984, AMENDING THE PUBLIC HEALTH LAW

RELATING TO REGULATING ACTIVITIES OF PHYSICIANS, IN RELATION TO THE

EFFECTIVENESS OF CERTAIN PROVISIONS THEREOF; TO AMEND THE PUBLIC HEALTH

LAW, IN RELATION TO EXTENDING THE DEMONSTRATION PERIOD IN CERTAIN

PHYSICIAN COMMITTEES; TO AMEND CHAPTER 505 OF THE LAWS OF 1995,

AMENDING THE PUBLIC HEALTH LAW RELATING TO THE OPERATION OF

DEPARTMENT OF HEALTH FACILITIES, IN RELATION TO THE EFFECTIVENESS THEREOF;

TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO REIMBURSEMENT RATE

PROMULGATION FOR RESIDENTIAL HEALTH CARE FACILITIES; TO AMEND THE PUBLIC

HEALTH LAW, IN RELATION TO CERTIFIED HOME HEALTH AGENCY SERVICES

PAYMENTS; TO AMEND CHAPTER 19 OF THE LAWS OF 1998, AMENDING THE

SOCIAL SERVICES LAW RELATING TO LIMITING THE METHOD OF PAYMENT FOR

PRESCRIPTION DRUGS UNDER THE MEDICAL ASSISTANCE PROGRAM, IN RELATION TO

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

TO CONTINUING NURSING HOME UPPER PAYMENT LIMIT PAYMENTS; TO AMEND

CHAPTER 904 OF THE LAWS OF 1984, AMENDING THE PUBLIC HEALTH LAW

AND THE SOCIAL SERVICES LAW RELATING TO ENCOURAGING COMPREHENSIVE

HEALTH SERVICES, IN RELATION TO THE EFFECTIVENESS THEREOF; TO AMEND PART

X2 OF CHAPTER 62 OF THE LAWS OF 2003, AMENDING THE PUBLIC HEALTH

LAW RELATING TO ALLOWING FOR THE USE OF FUNDS OF THE OFFICE OF

PROFESSIONAL MEDICAL CONDUCT FOR ACTIVITIES OF THE PATIENT HEALTH

INFORMATION AND QUALITY IMPROVEMENT ACT OF 2000, IN RELATION TO THE

EFFECTIVENESS OF CERTAIN PROVISIONS RELATING TO INCREASING INFORMATION

AVAILABLE TO PATIENTS; TO AMEND PART H OF CHAPTER 59 OF THE LAWS OF

2011, AMENDING THE PUBLIC HEALTH LAW RELATING TO THE STATEWIDE

107

NYS ASSEMBLY MAY 1, 2023

HEALTH INFORMATION NETWORK OF NEW YORK AND THE STATEWIDE PLANNING

AND RESEARCH COOPERATIVE SYSTEM AND GENERAL POWERS AND DUTIES, IN

RELATION TO MAKING CERTAIN PROVISIONS PERMANENT; TO AMEND PART A OF

CHAPTER 58 OF THE LAWS OF 2008, AMENDING THE ELDER LAW AND OTHER

LAWS RELATING TO REIMBURSEMENT TO PARTICIPATING PROVIDER PHARMACIES

AND PRESCRIPTION DRUG COVERAGE, IN RELATION TO EXTENDING THE EXPIRATION

OF CERTAIN PROVISIONS THEREOF; TO AMEND CHAPTER 474 OF THE LAWS OF

1996, AMENDING THE EDUCATION LAW AND OTHER LAWS RELATING TO RATES FOR

RESIDENTIAL HEALTH CARE FACILITIES, IN RELATION TO EXTENDING THE

EFFECTIVENESS OF CERTAIN PROVISIONS THEREOF; TO AMEND CHAPTER 81 OF THE

LAWS OF 1995, AMENDING THE PUBLIC HEALTH LAW AND OTHER LAWS

RELATING TO MEDICAL REIMBURSEMENT AND WELFARE REFORM, IN RELATION TO

EXTENDING THE EFFECTIVENESS OF CERTAIN PROVISIONS THEREOF; TO AMEND THE

SOCIAL SERVICES LAW, IN RELATION TO THE EFFECTIVENESS OF CERTAIN

PROVISIONS RELATING TO NEGOTIATION OF SUPPLEMENTAL REBATES RELATING TO

MEDICATION ASSISTED TREATMENT; TO AMEND PART B OF CHAPTER 57 OF THE

LAWS OF 2015, AMENDING THE SOCIAL SERVICES LAW AND OTHER LAWS

RELATING TO SUPPLEMENTAL REBATES, IN RELATION TO THE EFFECTIVENESS

THEREOF; TO AMEND PART KK OF CHAPTER 56 OF THE LAWS OF 2020,

AMENDING THE PUBLIC HEALTH LAW RELATING TO THE DESIGNATION OF

STATEWIDE GENERAL HOSPITAL QUALITY AND SOLE COMMUNITY POOLS AND THE

REDUCTION OF CAPITAL RELATED INPATIENT EXPENSES, IN RELATION TO THE

EFFECTIVENESS THEREOF; TO AMEND PART C OF CHAPTER 60 OF THE LAWS OF

2014, AMENDING THE SOCIAL SERVICES LAW RELATING TO FAIR HEARINGS

WITHIN THE FULLY INTEGRATED DUALS ADVANTAGE PROGRAM, IN RELATION TO

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NYS ASSEMBLY MAY 1, 2023

THE EFFECTIVENESS THEREOF; TO AMEND CHAPTER 779 OF THE LAWS OF 1986,

AMENDING THE SOCIAL SERVICES LAW RELATING TO AUTHORIZING SERVICES FOR

NON-RESIDENTS IN ADULT HOMES, RESIDENCES FOR ADULTS AND ENRICHED

HOUSING PROGRAMS, IN RELATION TO EXTENDING THE EFFECTIVENESS OF CERTAIN

PROVISIONS THEREOF; TO AMEND CHAPTER 884 OF THE LAWS OF 1990,

AMENDING THE PUBLIC HEALTH LAW RELATING TO AUTHORIZING BAD DEBT AND

CHARITY CARE ALLOWANCES FOR CERTIFIED HOME HEALTH AGENCIES, IN RELATION

TO EXTENDING THE PROVISIONS THEREOF; TO AMEND CHAPTER 81 OF THE LAWS

OF 1995, AMENDING THE PUBLIC HEALTH LAW AND OTHER LAWS RELATING TO

MEDICAL REIMBURSEMENT AND WELFARE REFORM, IN RELATION TO THE

EFFECTIVENESS THEREOF; TO AMEND PART A OF CHAPTER 56 OF THE LAWS OF

2013, AMENDING CHAPTER 59 OF THE LAWS OF 2011 AMENDING THE PUBLIC

HEALTH LAW AND OTHER LAWS RELATING TO GENERAL HOSPITAL REIMBURSEMENT

FOR ANNUAL RATES, IN RELATION TO EXTENDING GOVERNMENT RATES FOR

BEHAVIORAL SERVICES AND ADDING AN ALTERNATIVE PAYMENT METHODOLOGY

REQUIREMENT; AND TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO

RESIDENTIAL HEALTH CARE FACILITY ASSESSMENTS; TO AMEND PART MM OF

CHAPTER 57 OF THE LAWS OF 2021 AMENDING THE PUBLIC HEALTH LAW

RELATING TO AIDING IN THE TRANSITION TO ADULTHOOD FOR CHILDREN WITH

MEDICAL FRAGILITY LIVING IN PEDIATRIC NURSING HOMES AND OTHER SETTINGS,

IN RELATION TO THE EFFECTIVENESS THEREOF; TO AMEND CHAPTER 471 OF THE

LAWS OF 2016 AMENDING THE EDUCATION LAW AND THE PUBLIC HEALTH

LAW RELATING TO AUTHORIZING CERTAIN ADVANCED HOME HEALTH AIDES TO

PERFORM CERTAIN ADVANCED TASKS, IN RELATION TO THE EFFECTIVENESS

THEREOF; AND TO AMEND PART R OF CHAPTER 59 OF THE LAWS OF 2016

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NYS ASSEMBLY MAY 1, 2023

AMENDING THE PUBLIC HEALTH LAW AND THE EDUCATION LAW RELATING TO

ELECTRONIC PRESCRIPTIONS, IN RELATION TO THE EFFECTIVENESS THEREOF (PART

B); TO AMEND PART A3 OF CHAPTER 62 OF THE LAWS OF 2003 AMENDING THE

GENERAL BUSINESS LAW AND OTHER LAWS RELATING TO ENACTING MAJOR

COMPONENTS NECESSARY TO IMPLEMENT THE STATE FISCAL PLAN FOR THE

2003-04 STATE FISCAL YEAR, IN RELATION TO EXTENDING THE EFFECTIVENESS OF

PROVISIONS THEREOF; TO AMEND THE NEW YORK HEALTH CARE REFORM ACT

OF 1996, IN RELATION TO EXTENDING CERTAIN PROVISIONS RELATING THERETO; TO

AMEND THE NEW YORK HEALTH CARE REFORM ACT OF 2000, IN RELATION TO

EXTENDING THE EFFECTIVENESS OF PROVISIONS THEREOF; TO AMEND THE PUBLIC

HEALTH LAW, IN RELATION TO EXTENDING CERTAIN PROVISIONS RELATING TO THE

DISTRIBUTION OF POOL ALLOCATIONS AND GRADUATE MEDICAL EDUCATION; TO

AMEND THE PUBLIC HEALTH LAW, IN RELATION TO EXTENDING CERTAIN

PROVISIONS RELATING TO HEALTH CARE INITIATIVE POOL DISTRIBUTIONS; TO

AMEND THE SOCIAL SERVICES LAW, IN RELATION TO EXTENDING PAYMENT

PROVISIONS FOR GENERAL HOSPITALS; AND TO AMEND THE PUBLIC HEALTH LAW,

IN RELATION TO EXTENDING CERTAIN PROVISIONS RELATING TO THE ASSESSMENTS

ON COVERED LIVES (PART C); INTENTIONALLY OMITTED (PART D); TO AMEND THE

PUBLIC HEALTH LAW, IN RELATION TO AMENDING AND EXTENDING THE

VOLUNTARY INDIGENT CARE POOL; IN RELATION TO ESTABLISHING THE DEFINITION

OF RURAL EMERGENCY HOSPITAL; AND IN RELATION TO EXPANDING ELIGIBILITY FOR

VITAL ACCESS PROVIDER ASSURANCE PROGRAM FUNDING; AND TO AMEND PART I

OF CHAPTER 57 OF THE LAWS OF 2022 RELATING TO PROVIDING A FIVE PERCENT

ACROSS THE BOARD PAYMENT INCREASE TO ALL QUALIFYING FEE-FOR-SERVICE

MEDICAID RATES, IN RELATION TO MEDICAID PAYMENTS MADE FOR THE

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NYS ASSEMBLY MAY 1, 2023

OPERATING COMPONENT OF HOSPITAL INPATIENT SERVICES AND HOSPITAL

OUTPATIENT SERVICES (PART E); TO AMEND CHAPTER 266 OF THE LAWS OF

1986 AMENDING THE CIVIL PRACTICE LAW AND RULES AND OTHER LAWS

RELATING TO MALPRACTICE AND PROFESSIONAL MEDICAL CONDUCT, IN RELATION

TO EXTENDING THE EFFECTIVENESS OF CERTAIN PROVISIONS THEREOF; TO AMEND

PART J OF CHAPTER 63 OF THE LAWS OF 2001 AMENDING CHAPTER 266 OF THE

LAWS OF 1986 AMENDING THE CIVIL PRACTICE LAW AND RULES AND OTHER

LAWS RELATING TO MALPRACTICE AND PROFESSIONAL MEDICAL CONDUCT, IN

RELATION TO EXTENDING CERTAIN PROVISIONS CONCERNING THE HOSPITAL EXCESS

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

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

LAWS RELATING TO EXTENDING CERTAIN PROVISIONS RELATING THERETO, IN

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

TO AMEND THE ELDER LAW, IN RELATION TO PROGRAMS FOR THE AGING (PART

G); TO AMEND SECTION 5 OF PART AAA OF CHAPTER 56 OF THE LAWS OF

2022, AMENDING THE SOCIAL SERVICES LAW RELATING TO EXPANDING

MEDICAID ELIGIBILITY REQUIREMENTS FOR SENIORS AND DISABLED INDIVIDUALS,

IN RELATION TO THE EFFECTIVENESS OF THE BASIC HEALTH PLAN PROGRAM; TO

AMEND THE SOCIAL SERVICES LAW, IN RELATION TO ENACTING THE 1332 STATE

INNOVATION PROGRAM; AND TO AMEND THE STATE FINANCE LAW, IN RELATION

TO ESTABLISHING THE 1332 STATE INNOVATION PROGRAM FUND (PART H); TO

AMEND THE PUBLIC HEALTH LAW, IN RELATION TO EXTENDING AUTHORITY TO

ENROLL CERTAIN RECIPIENTS IN NEED OF MORE THAN 120 DAYS OF

COMMUNITY-BASED LONG-TERM CARE IN A MANAGED LONG-TERM CARE PLAN; TO

AMEND THE PUBLIC HEALTH LAW, IN RELATION TO EXTENDING THE MORATORIUM

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NYS ASSEMBLY MAY 1, 2023

ON THE PROCESSING AND APPROVAL OF APPLICATIONS SEEKING A CERTIFICATE OF

AUTHORITY AS A MANAGED LONG-TERM CARE PLAN AND SETTING PERFORMANCE

STANDARDS FOR MANAGED LONG-TERM CARE PLANS; TO AMEND PART H OF

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

OTHER LAWS RELATING TO KNOWN AND PROJECTED DEPARTMENT OF HEALTH

STATE FUND MEDICAL EXPENDITURES, IN RELATION TO EXTENDING THE

PROVISIONS THEREOF; AND TO AMEND PART I OF CHAPTER 57 OF THE LAWS OF

2022 PROVIDING A ONE PERCENT ACROSS THE BOARD PAYMENT INCREASE TO ALL

QUALIFYING FEE-FOR-SERVICE MEDICAID RATES, IN RELATION TO PROVIDING AN

ADDITIONAL INCREASE TO ALL QUALIFYING FEE-FOR-SERVICE MEDICAID RATES FOR

THE OPERATING COMPONENT OF RESIDENTIAL HEALTH CARE FACILITIES SERVICES

AND AN ADDITIONAL INCREASE TO ALL QUALIFYING FEE-FOR-SERVICE MEDICAID

RATES FOR THE OPERATING COMPONENT OF ASSISTED LIVING PROGRAMS (PART I);

INTENTIONALLY OMITTED (PART J); TO AMEND THE SOCIAL SERVICES LAW, IN

RELATION TO AUTHORIZING MEDICAID ELIGIBILITY FOR CERTAIN SERVICES

PROVIDED TO INDIVIDUALS WHO ARE IN A CORRECTIONAL INSTITUTION, AND FOR

CERTAIN SERVICES PROVIDED TO INDIVIDUALS WHO ARE IN AN INSTITUTION FOR

MENTAL DISEASE (PART K); TO AMEND THE INSURANCE LAW AND THE PUBLIC

HEALTH LAW, IN RELATION TO SITE OF SERVICE REVIEW AND COVERAGE FOR

SERVICES PROVIDED AT HOSPITAL-BASED OUTPATIENT CLINICS (PART L); TO

AMEND THE PUBLIC HEALTH LAW, IN RELATION TO REVIEW AND OVERSIGHT OF

MATERIAL TRANSACTIONS (PART M); TO AMEND THE SOCIAL SERVICES LAW, IN

RELATION TO EXPANDING THE MEDICAID BUY-IN PROGRAM FOR PEOPLE WITH

DISABILITIES (PART N); INTENTIONALLY OMITTED (PART O); TO AMEND THE

PUBLIC HEALTH LAW, IN RELATION TO ESTABLISHING A NEW STATEWIDE HEALTH

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NYS ASSEMBLY MAY 1, 2023

CARE TRANSFORMATIVE PROGRAM; AND TO AMEND THE PUBLIC HEALTH LAW,

IN RELATION TO ADDING DEBT RETIREMENT, WORKING CAPITAL OR OTHER

NON-CAPITAL PROJECTS TO EXISTING HEALTH CARE FACILITY TRANSFORMATION

PROGRAMS (PART P); TO AMEND THE SOCIAL SERVICES LAW, IN RELATION TO

ESTABLISHING MEDICAID REIMBURSEMENT FOR COMMUNITY HEALTH WORKERS

(CHWS) FOR HIGH-RISK POPULATIONS; AND TO AMEND THE PUBLIC HEALTH

LAW, IN RELATION TO PERMITTING LICENSED MENTAL HEALTH COUNSELORS AND

LICENSED MARRIAGE AND FAMILY THERAPISTS IN COMMUNITY HEALTH CENTERS

TO BE REIMBURSED (PART Q); TO AMEND THE SOCIAL SERVICES LAW AND THE

PUBLIC HEALTH LAW, IN RELATION TO EXPANDING MEDICAID COVERAGE OF

PREVENTATIVE HEALTH CARE SERVICES (PART R); TO AMEND THE PUBLIC HEALTH

LAW AND THE CIVIL SERVICE LAW, IN RELATION TO MODERNIZING THE STATE OF

NEW YORK'S EMERGENCY MEDICAL SYSTEM AND WORKFORCE (PART S); TO

AMEND THE PUBLIC HEALTH LAW, IN RELATION TO LEAD TESTING IN CERTAIN

MULTIPLE DWELLINGS; TO AMEND THE EXECUTIVE LAW, IN RELATION TO

EXPANDING THE POWERS OF THE SECRETARY OF STATE WITH RESPECT TO THE

NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE; AND

PROVIDING FOR THE REPEAL OF CERTAIN PROVISIONS OF THE PUBLIC HEALTH LAW

UPON EXPIRATION THEREOF (PART T); TO AMEND THE GENERAL BUSINESS LAW,

IN RELATION TO SAFEGUARDING ABORTION ACCESS THROUGH DATA PRIVACY

PROTECTION (PART U); INTENTIONALLY OMITTED (PART V); TO AMEND CHAPTER

471 OF THE LAWS OF 2016 AMENDING THE EDUCATION LAW AND THE PUBLIC

HEALTH LAW RELATING TO AUTHORIZING CERTAIN ADVANCED HOME HEALTH AIDES

TO PERFORM CERTAIN ADVANCED TASKS, IN RELATION TO THE EFFECTIVENESS

THEREOF (PART W); TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO

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NYS ASSEMBLY MAY 1, 2023

PROVIDING FOR THE REGISTRATION OF TEMPORARY HEALTH CARE SERVICES

AGENCIES (PART X); TO AMEND THE CIVIL PRACTICE LAW AND RULES AND THE

JUDICIARY LAW, IN RELATION TO AFFIDAVITS FOR MEDICAL DEBT ACTIONS

(SUBPART A); INTENTIONALLY OMITTED (SUBPART B); TO AMEND THE PUBLIC

HEALTH LAW, IN RELATION TO REQUIRING HOSPITALS PARTICIPATING IN THE

GENERAL HOSPITAL INDIGENT CARE POOL TO USE CERTAIN FORMS FOR THE

COLLECTION OF MEDICAL DEBT (SUBPART C); AND TO AMEND THE INSURANCE

LAW, IN RELATION TO GUARANTY FUND COVERAGE FOR INSURERS WRITING HEALTH

INSURANCE; AND TO DIRECT THE SUPERINTENDENT OF FINANCIAL SERVICES TO

DEVELOP AN ASSESSMENT OFFSET PLAN TO LIMIT THE IMPACT OF CERTAIN

ASSESSMENTS (SUBPART D) (PART Y); INTENTIONALLY OMITTED (PART Z); TO

AMEND THE PUBLIC HEALTH LAW, IN RELATION TO HEPATITIS C SCREENING AND

REQUIRING THIRD TRIMESTER SYPHILIS TESTING; AND TO AMEND CHAPTER 425 OF

THE LAWS OF 2013 AMENDING THE PUBLIC HEALTH LAW RELATING TO

REQUIRING HOSPITALS TO OFFER HEPATITIS C TESTING, IN RELATION TO

EXTENDING SUCH PROVISIONS THEREOF (PART AA); TO AMEND THE PUBLIC

HEALTH LAW, IN RELATION TO ADDING CERTAIN FENTANYL ANALOGS TO THE

SCHEDULES OF CONTROLLED SUBSTANCES (PART BB); INTENTIONALLY OMITTED

(PART CC); IN RELATION TO ESTABLISHING A COST OF LIVING ADJUSTMENT FOR

DESIGNATED HUMAN SERVICES PROGRAMS (PART DD); TO AMEND PART A OF

CHAPTER 56 OF THE LAWS OF 2013, AMENDING THE SOCIAL SERVICES LAW

AND OTHER LAWS RELATING TO ENACTING THE MAJOR COMPONENTS OF

LEGISLATION NECESSARY TO IMPLEMENT THE HEALTH AND MENTAL HYGIENE

BUDGET FOR THE 2013-2014 STATE FISCAL YEAR, IN RELATION TO THE

EFFECTIVENESS OF CERTAIN PROVISIONS THEREOF (PART EE); INTENTIONALLY

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NYS ASSEMBLY MAY 1, 2023

OMITTED (PART FF); INTENTIONALLY OMITTED (PART GG); TO AMEND THE

MENTAL HYGIENE LAW, IN RELATION TO CERTIFIED COMMUNITY BEHAVIORAL

HEALTH CLINICS (PART HH); TO AMEND THE INSURANCE LAW AND THE

FINANCIAL SERVICES LAW, IN RELATION TO INSURANCE COVERAGE FOR

BEHAVIORAL HEALTH SERVICES (SUBPART A); TO AMEND THE INSURANCE LAW,

IN RELATION TO UTILIZATION REVIEW STANDARDS FOR MENTAL HEALTH SERVICES

(SUBPART B); INTENTIONALLY OMITTED (SUBPART C); INTENTIONALLY OMITTED

(SUBPART D); TO AMEND THE INSURANCE LAW, IN RELATION TO SUBSTANCE USE

DISORDER TREATMENT (SUBPART E); AND TO AMEND THE INSURANCE LAW AND

THE PUBLIC HEALTH LAW, IN RELATION TO NETWORK ADEQUACY FOR MENTAL

HEALTH AND SUBSTANCE USE DISORDER SERVICES (SUBPART F) (PART II); TO

AMEND THE MENTAL HYGIENE LAW, IN RELATION TO THE IMPOSITION OF

SANCTIONS BY THE COMMISSIONER OF MENTAL HEALTH (PART JJ); TO AMEND

THE MENTAL HYGIENE LAW, IN RELATION TO ESTABLISHING THE INDEPENDENT

DEVELOPMENTAL DISABILITY OMBUDSMAN PROGRAM (PART KK); TO

AMEND THE INSURANCE LAW, IN RELATION TO COVERAGE FOR ABORTION SERVICES

(PART LL); TO AMEND THE PUBLIC HEALTH LAW AND THE INSURANCE LAW, IN

RELATION TO THE DEFINITION OF CLINICAL PEER REVIEWER (PART MM); TO

AMEND THE PUBLIC HEALTH LAW, IN RELATION TO WAGE ADJUSTMENTS FOR

HOME CARE AIDES; TO AMEND THE SOCIAL SERVICES LAW, IN RELATION TO

ELECTRONIC VISIT CERTIFICATIONS; AND TO REPEAL CERTAIN PROVISIONS OF THE

SOCIAL SERVICES LAW, RELATING TO DEFINITIONS AND TO PRECLAIM REVIEW FOR

PARTICIPATING PROVIDERS OF MEDICAL ASSISTANCE PROGRAM SERVICES AND

ITEMS (PART NN); TO DIRECT THE OFFICE OF MENTAL HEALTH TO CONVENE A

TASK FORCE ON IMPLEMENTING MENTAL HEALTH CRISIS RESPONSE AND FOR

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MENTAL HEALTH, ALCOHOL USE, AND SUBSTANCE USE CRISES; AND PROVIDING FOR

THE REPEAL OF SUCH PROVISIONS UPON THE EXPIRATION THEREOF (PART OO);

AND DIRECTING THE COMMISSIONER OF MENTAL HEALTH TO ESTABLISH A

MATERNAL MENTAL HEALTH WORKGROUP TO STUDY AND ISSUE

RECOMMENDATIONS RELATED TO MATERNAL MENTAL HEALTH AND PERINATAL AND

POSTPARTUM MOOD AND ANXIETY DISORDERS; AND PROVIDING FOR THE REPEAL

OF SUCH PROVISION UPON EXPIRATION THEREOF (PART PP).

ACTING SPEAKER AUBRY: GOVERNOR'S MESSAGE

IS AT THE DESK, THE CLERK WILL READ.

THE CLERK: I HEREBY CERTIFY TO AN IMMEDIATE VOTE,

KATHY HOCHUL, GOVERNOR.

ACTING SPEAKER AUBRY: AN EXPLANATION HAS

BEEN REQUESTED, MS. WEINSTEIN.

MS. WEINSTEIN: BRIEFLY, THIS BILL WOULD ENACT INTO

LAW MAJOR COMPONENTS OF LEGISLATION THAT ARE NECESSARY TO IMPLEMENT

THE STATE FISCAL YEAR BUDGET '23-'24 AS IT PERTAINS TO HEALTH AND MENTAL

HYGIENE BUDGET.

ACTING SPEAKER AUBRY: MR. RA.

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

SPONSOR YIELD?

ACTING SPEAKER AUBRY: MS. WEINSTEIN, WILL

YOU YIELD?

MS. WEINSTEIN: YES.

ACTING SPEAKER AUBRY: SPONSOR YIELDS.

MR. RA: THANK YOU. SO JUST WANT TO GO THROUGH A

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NYS ASSEMBLY MAY 1, 2023

FEW OF THESE PROVISIONS HERE. SO STARTING WITH THE EXECUTIVE BUDGET

INCLUDE PROVISIONS THAT WOULD HAVE DECREASED THE INCOME THRESHOLD FOR

INDIVIDUALS TO ACCESS THE PRIVATE PAY PROGRAM WITHIN THE STATE OFFICE

FOR THE AGING. THAT IS REJECTED HERE; AM I CORRECT?

MS. WEINSTEIN: IT WAS ULTIMATELY ACCEPTED.

MR. RA: IT WAS ACCEPTED?

MS. WEINSTEIN: YES.

MR. RA: IN THIS BILL.

MS. WEINSTEIN: YES.

MR. RA: OKAY. EMERGENCY MEDICAL SERVICES

HEALTH INSURANCE. THIS BILL INCLUDES PROVISIONS THAT MAKE ACTIVE

MEMBERS OF VOLUNTARY AMBULANCE COMPANIES SERVING MUNICIPAL

CORPORATION RECEIVE STATE HEALTH BENEFITS REGARDLESS OF THE AMOUNT

DERIVED FROM PUBLIC SOURCES; IS THAT CORRECT?

MS. WEINSTEIN: YES.

MR. RA: SO DO WE KNOW WHAT THE OVERALL COST OF THE

STATE WOULD BE UNDER THESE PROVISIONS?

MS. WEINSTEIN: WE DON'T HAVE A FISCAL ESTIMATE

ON THAT.

MR. RA: OKAY. AND ARE THERE ANY COSTS PURSUANT TO

THAT THAT ARE BORNE BY THE MUNICIPALITIES?

MS. WEINSTEIN: SO IN TERMS OF LOCAL COSTS NOT -- IT

WOULD -- THERE'S NO NEW MANDATES. I BELIEVE WHAT WE'RE REALLY IS

CODIFYING WHAT CURRENTLY EXISTS.

MR. RA: OKAY, THANK YOU. WITH REGARD TO THE HEALTH

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NYS ASSEMBLY MAY 1, 2023

INSURANCE GUARANTEE FUNDING. THE ENACTED HEALTH AND MENTAL

HYGIENE ARTICLE VII BILL BEFORE US INCLUDES PROVISIONS TO CREATE A

HEALTH INSURANCE GUARANTEE FUND TO PROTECT POLICYHOLDERS IN THE EVENT

OF A HEALTH INSURANCE CLAIM BECOMING INSOLVENT. IN THE EVENT OF A PLAN

BECOMING INSOLVENT, IS THERE ANYTHING IN THIS LEGISLATION THAT WOULD

PREVENT HEALTH INSURANCE COMPANIES FROM PASSING ASSESSMENT COSTS

ONTO THEIR POLICYHOLDERS?

MS. WEINSTEIN: NO, THERE'S NOT.

MR. RA: OKAY. WITH REGARD TO HOME CARE WORKER

WAGES. MY UNDERSTANDING IS THIS BILL REDUCES THE SUPPLEMENTAL

PAYMENTS TO HOME CARE WORKERS BY $1.55 PER HOUR IMMEDIATELY AND

THEN IN THE OUT-YEARS THE MINIMUM WAGE FOR HOME CARE WORKERS IS

INCREASED, CORRECT?

(PAUSE)

MS. WEINSTEIN: THIS ALL TAKES EFFECT NEXT YEAR

JANUARY 1ST, 2024 SO THE WAGE PARITY WILL KICK IN SO THERE WON'T BE THAT

DRAMATIC REDUCTION.

MR. RA: OKAY. SO GIVEN THAT, WILL HOME CARE

WORKERS RECEIVING THE SUPPLEMENTAL PAYMENTS LOSE TAKE-HOME PAY

UNTIL THE MINIMUM WAGE IS INCREASED IN THE FUTURE OR THE WAY THIS IS SET

UP IT'LL KICK IN SO THAT THEY WON'T?

MS. WEINSTEIN: IT'LL KEEP THEM EVEN. THERE'S 53

MILLION TO INCREASE HOME HEALTH CARE WAGES BY THE $1.55 BEGINNING IN

JANUARY 2024 AND THEN INDEX IN WAGES AFTER THAT.

MR. RA: NOW, DOES IT KEEP THAT -- IT'LL KEEP THEM

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NYS ASSEMBLY MAY 1, 2023

EVEN. DOES IT KEEP THEM EVEN WITH WHERE THEY WOULD HAVE BEEN WITH

THE SUPPLEMENT GOING FORWARD?

MS. WEINSTEIN: IT WILL -- GOING FORWARD IT WILL BE

INCREASED. THEY'LL BE A LARGER INCREASE GOING FORWARD IN TERMS OF THE

SUPPLEMENT, BECAUSE IT'LL BE 55 CENTS PER -- PER YEAR VERSUS THE, YOU

KNOW, VERSUS THE DOLLAR.

MR. RA: OKAY. AND IS THERE A COST SAVINGS

ASSOCIATED WITH REDUCING THE SUPPLEMENTAL PAYMENTS TO HOME CARE

WORKERS?

MS. WEINSTEIN: GOING FORWARD IT WILL BE ABOUT

$400 MILLION A YEAR TO PAY FOR THIS INCREASE.

MR. RA: OKAY. SO THERE'S NOT A SAVINGS BEING

REALIZED BY GETTING RID OF THE SUPPLEMENTAL, THIS IS FOR THE INCREASE IN

TERMS OF THE NEW MINIMUM WAGE THAT WOULD BE PUT IN PLACE.

MS. WEINSTEIN: RIGHT. THE SAVINGS DOESN'T REALLY

OFFSET WHAT THE -- THE CHANGES ARE.

MR. RA: OKAY. AND THEN WITH REGARD TO SOME OF THE

COLAS STARTING WITH HUMAN SERVICES, THE COST OF LIVING ADJUSTMENT.

THE BILL AUTHORIZES A 4 PERCENT COLA FOR HUMAN SERVICE WORKERS. I

KNOW THE EXECUTIVE PROPOSAL INCLUDED 2.5 PERCENT COLA WHILE

ADVOCATES CLAIMED AN 8.5 PERCENT COLA WAS NECESSARY TO ADDRESS THE

WORKFORCE SHORTAGE. SO NUMBER ONE, DO YOU BELIEVE THIS INCREASE IS

ADEQUATE TO ADDRESS THE ISSUES THAT MANY ADVOCATES HAVE IDENTIFIED IN

TERMS OF THE WORKFORCE SHORTAGE RECRUITING WORKERS AS WELL AS RETAINING

WORKERS?

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NYS ASSEMBLY MAY 1, 2023

MS. WEINSTEIN: WELL, FIRST I WOULD SAY THAT WE

HAD ADVOCATED FOR A HIGHER PERCENTAGE BUT THIS IS WHERE THE

NEGOTIATIONS ENDED UP.

MR. RA: OKAY. I WILL TAKE THAT SOMEWHAT TO MEAN

THAT MAYBE NOT, BUT A COUPLE OF OTHER PIECES, THOUGH, THAT I KNOW FIT

INTO THIS. SO LAST YEAR THERE WAS A COLA WHICH WAS PUT IN

NOTWITHSTANDING THE NORMAL RATE SETTING. DOES THIS -- IS THIS STRUCTURED

IN THE LEGISLATIVE LANGUAGE SO THAT THIS COLA BUILT ON TOP OF LAST YEAR'S

COLA?

MS. WEINSTEIN: YES. YES, IT DOES.

MR. RA: OKAY. AND THEN ONE OF THE OTHER ISSUES

THAT WAS BROUGHT UP AND I RECALL DISCUSSING THIS AT THE BUDGET HEARING

WAS THAT THE FISCAL YEARS DON'T NECESSARILY LINE UP. SO THERE WAS A

CONCERN WITH A SHORTAGE THAT WOULD BE PRESENT IN THE FINAL QUARTER OF

THE FISCAL YEAR FOR THE -- NOT OUR FISCAL YEAR BUT THE YEAR THAT THESE

PROVIDERS OPERATE ON, BASICALLY THE PERIOD BETWEEN APRIL 1ST AND THE

END OF JUNE. AND THEY WERE REQUESTING SOME TYPE OF SHORT-TERM CASH

INFUSION TO MAKE SURE THAT THEY COULD KEEP UP WITH LAST YEAR'S COLA

DURING THAT INTERIM PERIOD. ARE WE DOING ANYTHING TO ADDRESS THAT IN

THIS BUDGET?

MS. WEINSTEIN: I -- I DON'T BELIEVE THAT IT IS A CASH

FLOW ISSUE BECAUSE MANY OF THESE PROGRAMS ARE PAID ON A WEEKLY

BASIS. SO I DON'T THINK THE DIFFERENCE OF A -- OF A FISCAL YEAR ULTIMATELY

RESULTS IN ANY PROBLEMS.

MR. RA: WELL, THEN I'LL ASK IT THIS WAY THEN. SO THE

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NYS ASSEMBLY MAY 1, 2023

SECOND COLA, IT WOULD KICK IN WHEN? AT THE BEGINNING OF OUR FISCAL

YEAR AS OF APRIL 1ST OR AT SOME LATER TIME?

MS. WEINSTEIN: OUR FISCAL YEAR, APRIL 1ST.

MR. RA: THANK YOU. REGARDING THE MEDICAID

COUNTY SHARING AND GLOBAL CAP. THIS BILL SIGNIFICANTLY EXPANDS

BENEFITS UNDER THE MEDICAID PROGRAM WHILE ALSO EXTENDING THE

MEDICAID GLOBAL CAP. SO NUMBER ONE, DOES THIS BUDGET COMPLY WITH

THE MEDICAID GLOBAL CAP?

MS. WEINSTEIN: YES, IT DOES.

MR. RA: AND ARE YOU ABLE TO BREAK OUT HOW MUCH

THIS BUDGET SPENDS IN TERMS OF MEDICAID BY FEDERAL, STATE AND LOCAL

SPENDING?

MS. WEINSTEIN: WE DON'T MAKE ANY CHANGES FROM

THE EXECUTIVE BUDGET IN THAT REGARD.

MR. RA: OKAY. AND DO YOU KNOW HOW CLOSE THIS

BUDGET WITH ALL OF ITS PROVISIONS COME TO THE GLOBAL CAP? DOES IT LEAVE

ANY ROOM IN THE CASE SOME TYPE OF EMERGENCY SHOULD ARISE IN TERMS OF

THE PROGRAM?

MS. WEINSTEIN: THE GLOBAL CAP IS BALANCED AND

THERE ALWAYS IS A POTENTIAL FOR EMERGENCY AND THAT WOULD BE FUNDED

OUTSIDE OF THE GLOBAL CAP.

MR. RA: THANK YOU FOR THAT. AS YOU KNOW ONE OF

THE BIG ISSUES THAT WAS OUT THERE WITH REGARD TO MEDICAID WAS THE

EXECUTIVE BUDGET PROPOSAL REALLY ADMINISTRATIVE ACTIONS THAT IMPACT

THE FINANCIAL PLAN AND PROVIDE ROOM UNDER THE MEDICAID GLOBAL CAP.

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NYS ASSEMBLY MAY 1, 2023

ONE OF THOSE ACTIONS WAS NOT PASSING ON THE EFMAP FUNDING TO THE

COUNTIES. IT WASN'T NECESSARILY AN ACTUAL BUDGET LANGUAGE PROVISION

BUT IT WAS SOMETHING THAT THE ADMINISTRATION WAS PLANNING ON DOING

AND I KNOW IN YOUR ONE-HOUSE BUDGET YOU PUT FORTH SOME LANGUAGE

THAT WOULD HAVE PREVENTED THAT FROM HAPPENING. DO WE HAVE ANYTHING

IN THE ENACTED BUDGET THAT WOULD PREVENT THAT FROM HAPPENING?

MS. WEINSTEIN: WE DO RESTORE 405 MILLION IN THE

COUNTY ACA FMAP FOR THIS BUDGET '23-'24 WHICH WOULD BE 90 PERCENT

OF THAT MONEY. AND IT'S PROJECTED 270 MILLION WOULD FLOW TO THE

COUNTIES IN '24-'25 AND THEN IT WOULD BE PHASED OUT IN SEVERAL YEARS

AFTER THAT BUT, YOU KNOW, I DO THINK THAT IT'S IMPORTANT TO TAKE INTO

CONSIDERATION THAT -- THAT WHILE SALES TAX REVENUES IN THE COUNTIES HAVE

INCREASED THE -- WE HAVE FROZEN AS OF 2015 THE ANNUAL LOCAL SHARE OF

MEDICAID. SO, FOR EXAMPLE, THIS YEAR THAT THE STATE IS ADDING $7.6

BILLION TO THE WHAT OTHERWISE HAD BEEN THE COUNTY SHARE FOR MEDICAID.

AND IRONICALLY THE COUNTIES HAVE RECEIVED THE ENHANCED FMAP FROM

THE ACA ON THE STATE MONIES AND THEY'VE BEEN ABLE TO KEEP THAT

MONEY. SO WHAT WE'RE DOING HERE IS WE'RE PHASING OUT THAT -- THAT

AMOUNT OF MONEY OVER THE NEXT FOUR YEARS. THE STATE WOULD SAVE

APPROXIMATELY 2.4 BILLION WHILE PAYING DURING THAT SAME PERIOD

PROBABLY OVER $9 BILLION TO THE COUNTIES.

MR. RA: JUST GOING BACK FOR A SECOND, YOU SAID 405

MILLION THIS YEAR AND YOU SAID IT WAS A 90 PERCENT RESTORATION. THAT --

MS. WEINSTEIN: I'M SORRY. IT'S 75.

MR. RA: SEVENTY-FIVE.

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NYS ASSEMBLY MAY 1, 2023

MS. WEINSTEIN: YES.

MR. RA: OKAY. THAT MAKES MORE SENSE BECAUSE I

BELIEVE THE TOTAL AMOUNT WAS 644 MILLION --

MS. WEINSTEIN: YES.

MR. RA: SO WHAT -- DO YOU KNOW WHAT THE -- SO THAT

270, DO YOU KNOW WHAT THAT REPRESENTS AS A PERCENTAGE?

MS. WEINSTEIN: ABOUT 50 PERCENT OFF THE BASE.

MR. RA: OFF THE BASE. AND IN TERMS OF THE

RESTORATION, IS THERE ANY LIKE BREAKOUT IN TERMS OF I KNOW SOMETIMES

WE'VE HAD INSTANCES WHERE IT WAS APPROACHED ONE WAY SAY IN NEW

YORK CITY AND IN A DIFFERENT WAY IN THE COUNTIES OUTSIDE OF NEW YORK

CITY. IS IT ACROSS THE BOARD 75 PERCENT OR IS THERE ANY VARIATION WITH

REGARD TO THAT?

MS. WEINSTEIN: IT'S -- THAT AMOUNT IS ACROSS THE

BOARD.

MR. RA: GREAT, THANK YOU. THIS LEGISLATION ALSO

PROVIDES PROVISIONS THAT PROVIDE A 6.5 PERCENT RATE INCREASE TO NURSING

HOMES WITH THE POSSIBILITY OF THAT RATE INCREASING TO 7.5 PERCENT

PENDING FEDERAL APPROVAL. CAN YOU JUST EXPLAIN THAT IN TERMS OF WHY

THE NEED FOR THE FEDERAL APPROVAL TO DO THE 7.5 PERCENT?

MS. WEINSTEIN: BECAUSE IN ORDER TO GO ABOUT TO

HAVE THAT INCREASE WE NEED FEDERAL APPROVAL BECAUSE WE WANT THE

FEDERAL MATCH TO OUR -- THEY HAVE TO APPROVE THE MATCH SO THE 6.5

WE'RE CONFIDENT WILL BE APPROVED, BUT WE'RE TRYING TO GET THE ADDITIONAL

1 PERCENT TO HAVE A 7.5 PERCENT INCREASE AS YOU MENTIONED.

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NYS ASSEMBLY MAY 1, 2023

MR. RA: OKAY. AND DO WE HAVE ANY IDEA WHAT THE

TIMELINE IS ON THAT IN TERMS OF HOW LATE IT USUALLY TAKES THE FEDERAL

GOVERNMENT TO APPROVE OR DISAPPROVE OF -- OF SUCH AN INCREASE?

MS. WEINSTEIN: IN THE PAST IT'S BEEN ABOUT A

MONTH'S TIME THAT OUR PLAN IS APPROVED.

MR. RA: OKAY. AND SO GIVEN THAT OBVIOUSLY THAT

WILL IMPACT, DO WE KNOW HOW THIS IS GOING TO BE ACCOUNTED FOR IN THE

STATE FINANCIAL PLAN FOR THE ENACTED BUDGET?

MS. WEINSTEIN: AT THE MOMENT IT'S ACCOUNTED FOR

THE 6.5 PERCENT WHICH WOULD BE 216.5 MILLION.

MR. RA: THANK YOU. IN TERMS OF THE MEDICAID FEE

FOR SERVICE TRANSITION 340-B, THE MEDICAID PHARMACY BENEFIT FEE FOR

SERVICE TRANSITION AS WE KNOW AND I BELIEVE WE DISCUSSED LAST WEEK

ON THE LAST EXTENDER WENT INTO EFFECT ON APRIL 1ST. THE MAJORITY'S

ONE-HOUSE BUDGET HAD PROPOSED REPEALING THAT TRANSITION, BUT NOW THE

DEPARTMENT OF HEALTH HAS MOVED FORWARD. SO CAN YOU TELL ME ABOUT

ANY PROVISIONS IN THIS BILL REGARDING THE TRANSITION? WE'RE ALLOWING

THAT TO MOVE FORWARD NOW; IS THAT CORRECT?

MS. WEINSTEIN: YES. IT'S ESTIMATED THAT THE 410

MILLION IN SAVINGS IS ASSOCIATED WITH THE NEW YORK RX TRANSITION AND

WHAT WE DO IS WE HAVE 30 MILLION TO REINVEST IN SAVINGS ASSOCIATED

WITH THAT TRANSITION TO SUPPORT THE RYAN WHITE CLINICS, 125 MILLION TO

REINVEST SAVINGS ASSOCIATED TO PORT -- TO SUPPORT THE FQHCS AND D --

DTC SUPPLEMENTAL PAYMENTS AND ADDITIONAL REINVESTMENT OF SAVINGS

$45 MILLION, AND THERE ARE SOME MORE SMALLER AMOUNTS.

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NYS ASSEMBLY MAY 1, 2023

MR. RA: OKAY, THANK YOU. MEDICAID WAIVER

ELIGIBILITY EXPANSION. I UNDERSTAND THIS BILL INCLUDES PROVISIONS THAT

REQUIRE -- REQUIRES A WAIVER TO PROVIDE MEDICAID FOR INDIVIDUALS IN AN

INSTITUTE OF MENTAL DISEASE --

(BUZZER SOUNDS)

ACTING SPEAKER AUBRY: YES, SIR.

MR. RA: ALL RIGHT, THANK YOU, MR. SPEAKER. SO

INSTITUTE OF MENTAL DISEASE. WHAT IS INCLUDED IN THIS BUDGET THAT WOULD

ASSIST FOSTER CARES THAT WOULD MEET THE DEFINITION OF AN INSTITUTE OF

MENTAL DISEASE?

MS. WEINSTEIN: WELL, WE -- ITS SERVICES WE'VE

ALREADY BEEN PROVIDING BUT BECAUSE OF CHANGES IN THE FEDERAL LAW WE

NEED TO HAVE AN ADDITIONAL WAIVER TO CONTINUE.

MR. RA: OKAY. AND THEN THE STATEWIDE HEALTH CARE

FACILITY TRANSFORMATION PROGRAM. THIS BILL INCLUDES LANGUAGE THAT

ALLOWS FOR ANOTHER $1 BILLION IN CAPITAL FUNDING FOR HEALTH CARE

FACILITIES ACROSS THE STATE, CONSIDERABLE AMOUNTS OF FUNDING FROM

PREVIOUS ROUNDS REMAIN UNSPENT. DO WE KNOW WHAT THE DELAY IS FROM

PREVIOUS ROUNDS OF THIS FUNDING IN TERMS OF GETTING IT OUT THE DOOR AND

WHAT IS INCLUDED IN THIS LEGISLATION TO ENSURE THAT IT GETS OUT THE DOOR IN

A TRANSPARENT, EQUITABLE AND TIMELY MANNER?

MS. WEINSTEIN: MY UNDERSTANDING IS THAT 600

MILLION HAS ALREADY BEEN APPROVED AND FROM THE PRIOR TRANS --

MR. RA: HOW MUCH?

MS. WEINSTEIN: SIX HUNDRED MILLION FROM THE

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NYS ASSEMBLY MAY 1, 2023

PRIOR TRANSFORMATION FUNDING. SO WE'RE ANTICIPATING THAT THIS MONEY

WILL BE DISBURSED IN A TIMELY MANNER.

MR. RA: OKAY, THANK YOU. JUST A COUPLE OF OTHER

QUESTIONS ABOUT PROGRAMS THAT HAD BEEN PROPOSED THAT ARE NOT PART OF

THIS. SO THERE WAS A PROGRAM CALLED PAY AND RESOLVE, OTHERWISE

KNOWN AS PAY AND PURSUE THAT IS INTENTIONALLY OMITTED. IS IT SAFE TO SAY

THAT IS OUT? WE WON'T SEE THAT IN SOME OTHER BILL?

MS. WEINSTEIN: CORRECT, THAT WILL NOT BE

REAPPEARING.

MR. RA: OKAY, THANK YOU. IN TERMS OF THE

TOBACCO-RELATED PROVISIONS. NOW I KNOW LOOKING AT THIS MORE GLOBALLY

THERE WERE I THINK TWO MAJOR THINGS IN THIS BUDGET. THERE WAS A

PROPOSAL FOR AN INCREASE IN CIGARETTE TAX AND THEN THERE WAS THIS

PROPOSAL THAT WOULD HAVE BEEN SEEN HERE REGARDING BANNING THE SALE OF

FLAVORED TOBACCO, EXPANDING THE DEFINITION OF VAPING PRODUCTS AND

INCREASE ENFORCEMENT CAPABILITIES UNDER THE PUBLIC HEALTH LAW, THOSE

ARE ALL OMITTED FROM THIS BILL?

MS. WEINSTEIN: THE TAX WILL BE IN THE NEXT BILL

THAT WE TAKE UP TONIGHT BUT -- WE ACCEPTED THE INCREASE OF TAX AND THE

FLAVORED TOBACCO IS OUT.

MR. RA: OKAY.

MS. WEINSTEIN: AND WILL NOT BE REAPPEARING.

MR. RA: YOU KNOW, WE'LL SEE THE TAX IN REVENUE,

CORRECT?

MS. WEINSTEIN: RIGHT.

126

NYS ASSEMBLY MAY 1, 2023

MR. RA: THANK YOU VERY MUCH, MADAM CHAIR.

MR. SPEAKER, ON THE BILL.

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

MR. RA: SO JUST QUICKLY, AND I THANK THE CHAIR FOR

THE OPPORTUNITY TO ASK SOME OF THESE QUESTIONS. I THINK WE ALL KNOW

THAT THIS CAN BE A COMPLICATED POLICY AREA, IT'S ALWAYS ONE OF THE MORE

INTERESTING BUDGET HEARINGS AS WE GO THROUGH IT BECAUSE THERE A LOT OF

THESE TYPES OF PROPOSALS THAT ARE COMPLICATED AND -- AND INVOLVE A LOT

OF BACK AND FORTH BETWEEN DIFFERENT ENTITIES. SO, YOU KNOW, WE'RE

HAPPY TO I THINK HAVE CONVERSATIONS ABOUT MAYBE SOME OF THEM

OUTSIDE OF THE BUDGET BUT I THINK, YOU KNOW, WE TALKED A LOT DURING THIS

PROCESS AND DURING THIS TIME ABOUT SOME OF THE COLAS THAT WERE OUT

THERE, THE NEED FOR INVESTMENTS IN A LOT OF THESE SECTORS WITHIN THE

HEALTH AND HUMAN SERVICES REALM, PARTICULARLY SOME WHO STRUGGLED

BEFORE THE PANDEMIC TO RECRUIT STAFF, TO RETAIN STAFF, SO THOSE CONTINUE

TO BE A CONCERN. I AM HAPPY THAT WE'RE MAKING SOME INVESTMENTS IN

THAT, BUT WE DO HAVE TO CONTINUE TO TRY TO ADDRESS WHAT WAS AT CRISIS

LEVELS EVEN PRE-PANDEMIC AND NOW HAS GOTTEN THAT MUCH WORSE. AND

UNFORTUNATELY IN A LOT OF CASES, NOT ONLY IN TERMS OF THE WORKERS BUT

THOSE PEOPLE THEY SERVE WHO ARE STRUGGLING AFTER SUCH A DIFFICULT TIME

AS WELL. SO, I THANK MY COLLEAGUES FOR A LOT OF DIALOG AND ADVOCACY

THAT HAS GONE ON THE LAST FEW MONTHS RELATED TO THESE ISSUES AND I HOPE

IT WILL CONTINUE BECAUSE WE STILL HAVE A LONG WAY TO GO TO MAKE THE

INVESTMENT IN THOSE WORKERS AND THE PEOPLE THEY SERVE. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

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NYS ASSEMBLY MAY 1, 2023

MR. JENSEN.

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

WILL THE CHAIR YIELD FOR A CORNUCOPIA OF QUESTIONS REGARDING THIS

BUDGET BILL?

MS. WEINSTEIN: SURE.

MR. JENSEN: THANK YOU, MADAM CHAIR. REVISITING

THE MEDICAID RATE INCREASE FOR LONG-TERM CARE PROVIDERS. ORIGINALLY

THE LONG-TERM CARE PROVIDERS WERE -- WERE ASKING FOR A 20 PERCENT

INCREASE. THE GOVERNOR PROPOSED 5 PERCENT. THE ONE-HOUSE BUDGETS

WERE IN AGREEMENT THAT IT SHOULD BE 10 PERCENT AND YET TODAY WE'RE

SEEING A BUDGET BILL THAT'S AT 6.5 PERCENT THAT MAYBE WILL BE 7.5 IN A

MONTH'S TIME. ARE WE CONFIDENT THAT 6.5 PERCENT AND/OR 7.5 PERCENT

WILL ACTUALLY BE ENOUGH TO SATISFY THE NEEDS OF THESE PROVIDERS THAT THEY

EXPRESSED FOR WHY THEY NEEDED THE 20 PERCENT AT THE BEGINNING OF THIS

YEAR?

MS. WEINSTEIN: WELL, AS YOU SAID OUR ONE-HOUSE

INCLUDED A HIRING REIMBURSEMENT. WE ARE AT THE 6.5 WITH THE

POSSIBILITY OF THE 7.5 PERCENT AS A RESULT OF NEGOTIATIONS.

MR. JENSEN: OKAY. AND WAS IT -- WAS IT THE

UNWILLINGNESS OF THE GOVERNOR TO BUDGE OFF OF HER 6.5 ONCE IT WAS

DISCUSSED AFTER OTHER TOPICS WERE AGREED UPON?

MS. WEINSTEIN: THIS IS WHERE WE -- THIS IS WHERE

WE LANDED ON THIS PROPOSAL. THIS DOES INCREASE THE NURSING HOME AND

ASSISTED LIVING REIMBURSEMENT BY $216.5 MILLION.

MR. JENSEN: OKAY. THANK YOU VERY MUCH,

128

NYS ASSEMBLY MAY 1, 2023

MADAM CHAIR. IS THERE ANY LANGUAGE INCLUDED IN THIS ARTICLE VII

LEGISLATION THAT WOULD REQUIRE MORE CONSISTENT REBASING OF MEDICAID

REIMBURSEMENT RATES THAT ON A REGULAR BASIS WHETHER IT'S THREE YEARS OR

FIVE YEARS?

MS. WEINSTEIN: NO, BECAUSE WE DON'T BELIEVE

THEY NEED LANGUAGE TO WORK ON THAT.

MR. JENSEN: WHY -- WHY NOT?

MS. WEINSTEIN: WE BELIEVE WE HAVE MADE THAT

SUGGESTION ABOUT THE -- WE'VE MADE THE SUGGESTION ABOUT THE -- THE

NEED TO LOOK AT REBASING AND WE BELIEVE THAT CAN BE DONE

ADMINISTRATIVELY.

MR. JENSEN: WELL, WOULDN'T PUTTING SOMETHING IN

STATUTE THAT WOULD REQUIRE CONSISTENT REBASING ON A REGULAR BASIS MAKE

COMMON SENSE TO MAKE SURE THAT WE DON'T GET INTO A POSITION WHERE WE

HAVE SUCH A DIVERGENT MIX OF REQUESTS THAT WE HAVE PROVIDERS COMING

BACK ASKING FOR DOUBLE DIGIT INCREASES TO SATISFY 14 YEARS OF

UNDERFUNDING?

MS. WEINSTEIN: WELL, YOU KNOW, I GUESS THERE'S

TWO DIFFERENT WAYS OF REBASING. ONE IS WITHIN THE TOTAL DOLLARS THAT

THEY HAVE AND THE OTHER IS, AS WE WERE DISCUSSING I THINK MORE -- YOUR

QUESTION IS MORE DIRECTED AT IS THE REBASING TO INCREASE THE RATES AND

THAT THEY CAN MAKE THE REQUEST OF US THROUGH BUDGET DISCUSSIONS.

MR. JENSEN: OKAY. IS THERE ANY ADDITIONAL

FUNDING, WHETHER IT'S INCLUDED IN THIS BILL OR SUBSEQUENT BUDGET BILLS,

THAT WOULD PROVIDE ADDITIONAL FUNDING OUTSIDE THE MEDICAID RATE

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NYS ASSEMBLY MAY 1, 2023

INCREASE FUNDS TO ASSIST LONG-TERM CARE PROVIDERS TO IMPLEMENT AND

ABIDE BY ANY STAFFING MANDATES SET FORTH BY THE STATE?

(PAUSE)

MS. WEINSTEIN: SO THE 190 MILLION FROM THE STATE

SHARE HAS GONE OUT THE DOOR, WE'RE WAITING FOR THE FEDERAL MATCH

MONEY TO COME IN.

MR. JENSEN: SO THERE WAS -- AND MAYBE I'M

REMEMBERING INCORRECTLY, BUT WHETHER IT WAS IN THE GOVERNOR'S

PROPOSAL THERE WAS $187 MILLION THAT WAS PROPOSED FOR THIS STAFFING

INCREASE -- OUR STAFFING ASSISTANCE, EXCUSE ME. IS THAT MONEY BEING

USED TO COVER PART OF THE MEDICAID RATE INCREASE?

MS. WEINSTEIN: SO LAST YEAR WE'RE WAITING FOR THE

FEDERAL MONEY AND THIS YEAR'S MONEY INSTEAD OF THAT PROGRAM WE OPTED

FOR THE -- TO HAVE SOME OF THOSE FUNDS FOR THE RATE INCREASE.

MR. JENSEN: SO THERE'S NO SEPARATE LINE ITEM FOR

STANDALONE STAFFING ASSISTANCE.

MS. WEINSTEIN: NO, THERE ISN'T AND, YOU KNOW,

THEY BELIEVE THERE'S A FEELING THAT THE RATE INCREASE WILL GET MONEY INTO

THE FACILITIES FASTER THAN DEVELOPING A STAFFING PROGRAM AND IS FAIRER

AND THAT IT IS -- IT IS AVAILABLE TO ALL OF THE FACILITIES.

MR. JENSEN: OKAY. YOU -- RANKING MEMBER RA

ASKED ABOUT THE TRANSITION TO NYRX SO I WON'T REVISIT THAT, BUT I KNOW

YOU LISTED OFF A COUPLE DIFFERENT PROGRAMS AT THE SAVINGS OF THAT

TRANSITION WE'RE GOING TO. IS ANY OF THOSE SAVINGS GOING TO HELP OFFSET

THE 7.5 PERCENT MEDICAID RATE INCREASE THAT'S GOING TO HOSPITALS?

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NYS ASSEMBLY MAY 1, 2023

(PAUSE)

MS. WEINSTEIN: YES. SOME OF IT IS TO OFFSET THAT

INCREASE.

MR. JENSEN: DO YOU KNOW APPROXIMATELY HOW

MUCH OR...

MS. WEINSTEIN: SO IT'S JUST OVER 200 MILLION.

MR. JENSEN: OKAY, THANK YOU. I KNOW WITH THE

TRANSITION OR PROVIDERS THAT WERE RECEIVING THE 340-B FUNDS, THE

MEDICAID INCREASE, RATE INCREASE IS GOING TO HELP MAKE THEM WHOLE,

BUT THERE ARE SOME PROVIDERS THAT ARE STILL GOING TO SEE A DEFICIT BASED

ON LOSING THE 340-B FUNDS THAT THEY WERE MANAGING FOR THEIR

COMMUNITY HEALTH PROVIDERS. THE MEDICAID RATE DOESN'T CLOSE THAT

GAP. IN THIS LEGISLATION OR ANY OTHER LEGISLATION TO COME, IS THERE A

MAKE-WHOLE PROVISION TO ENSURE THAT THESE HEALTH PROVIDERS WILL STILL

HAVE THE RESOURCE AVAILABLE TO CONTINUE OFFERING THESE COMMUNITY

HEALTH SERVICES THAT MEMBERS OF COMMUNITIES HAVE RELIED ON?

MS. WEINSTEIN: NOT NECESSARILY A DOLLAR FOR DOLLAR

BUT THE 45 MILLION THAT I MENTIONED IN -- IN ADDITIONAL REINVESTMENT OF

SAVINGS ASSOCIATED WITH THE MOVE TO THE RN -- THE NEW YORKRX

TRANSITION PROGRAM WILL -- IS THERE TO HELP OFFSET LOSSES FROM ANY 30 --

340-B ELIMINATION.

MR. JENSEN: ARE THOSE OFFSET FUNDS GOING TO BE

PRORATED WITH EQUITY SO THAT IF, YOU KNOW, THAT EVERYBODY IS GETTING

EITHER A 65 PERCENT OR WHATEVER THE PERCENTAGE MAY BE THAT YOU'RE NOT

HAVING ONE SYSTEM MAYBE GET A DIFFERENT AMOUNT THAN ANOTHER SYSTEM?

131

NYS ASSEMBLY MAY 1, 2023

MS. WEINSTEIN: THE PROGRAMS WILL NEED TO APPLY

AND I -- AND THEN THE FUNDING WILL BE ALLOCATED BASED ON AN ASSESSMENT

OF THE INFORMATION THEY SUBMIT.

MR. JENSEN: IT -- IT MAY BE -- IT MAY BE WORTH

CLARIFYING AT SOME POINT, IN SOME WAY THAT THOSE FUNDS APPLY EQUITABLY

FOR EACH SYSTEM. STAYING WITH HOSPITALS, MR. RA ALSO TOUCHED ON THIS

ABOUT THE STATEWIDE HEALTH CARE FACILITY TRANSFORMATION PROGRAM. IS

THERE ANY REQUIREMENT CHANGES IN ROUND FIVE FOR THIS FUNDING FROM

PREVIOUS APPROVED ROUNDS?

MS. WEINSTEIN: NO.

MR. JENSEN: NO CHANGES --

MS. WEINSTEIN: NO. THEY ARE --

MR. JENSEN: SAME REQUIREMENTS?

MS. WEINSTEIN: SAME REQUIREMENTS.

MR. JENSEN: OKAY. IS THERE ANY REQUIREMENT FOR

EQUITY IN THE DISTRIBUTION OF THESE FUNDS EITHER BY REGION OF THE STATE OR

BY PROVIDER-TYPE WHETHER THAT IS ACUTE CARE, LONG-TERM CARE, PACE

PROGRAMS, COMMUNITY HEALTH PROVIDERS? I KNOW THERE WAS SOME

PROVISION IN THE ONE-HOUSE BUDGET ABOUT EARMARKING CERTAIN

PERCENTAGES TO CERTAIN PROVIDERS.

MS. WEINSTEIN: THERE ISN'T A REQUIREMENT BUT THAT

IS SOMETHING THAT IS LOOKED AT IN DETERMINING THE AWARDING OF TRANS --

TRANSFORMATION FUNDS.

MR. JENSEN: IS THAT GOING TO BE DONE BY DOH AND

THE GOVERNOR THROUGH THE NON-COMPETITIVE GRANT PROCESS?

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NYS ASSEMBLY MAY 1, 2023

MS. WEINSTEIN: YES.

MR. JENSEN: OKAY. GOING -- SO WE'VE -- WE'VE

TALKED ABOUT MEDICAID RATE INCREASES FOR NURSING HOMES, WE'VE TALKED

ABOUT MEDICAID RATE INCREASES FOR HOSPITALS. IS THERE ANY MEDICAID RATE

INCREASE FOR ASSISTED LIVING PROVIDERS?

MS. WEINSTEIN: YES, 6.5 PERCENT.

MR. JENSEN: SIX-AND-A-HALF PERCENT. IS THERE ANY

FUNDING AVAILABLE FOR HOSPICE OR PALLIATIVE CARE PROVIDERS?

MS. WEINSTEIN: NO RATE INCREASES BUT THEY CAN

APPLY THROUGH THE CAPITAL FUNDING.

MR. JENSEN: SO NO -- NO EARMARKED FUNDING

DIRECTLY FOR THEM LIKE THE OTHER THREE HEALTH CARE PROVIDING ENTITIES.

MS. WEINSTEIN: CORRECT.

MR. JENSEN: OKAY. IS THERE ANY MEDICAID RATE

INCREASE FOR HOME CARE PROVIDERS?

(PAUSE)

MS. WEINSTEIN: NOT A MEDICAID RATE BUT THE -- THE

INCREASE THAT I MENTIONED IN THE WAGES AND THEN THERE WOULD BE THE

INCREASE IN MINIMUM WAGE GOING FORWARD.

MR. JENSEN: OKAY. REGARDING THE STAFFING

PROVISIONS THAT WERE INCLUDED IN THIS ARTICLE VII LANGUAGE THAT MAKE

THE NURSE STAFFING AGENCIES REGISTER WITH THE STATE. IS THERE ANY

GEOGRAPHIC RESTRICTIONS CONTAINED IN WHERE THE EMPLOYEES OF THESE

STAFFING AGENCIES CAN WORK IN COMPARATIVE TO WHAT THEIR ZIP CODE MAY

BE?

133

NYS ASSEMBLY MAY 1, 2023

MS. WEINSTEIN: NO, THERE'S NOT LANGUAGE BUT THE

AGENCIES CANNOT RESTRICT WHERE THE EMPLOYEES GO.

MR. JENSEN: SO SOMEBODY COULD WORK ON A UNIT ON

A FRIDAY, THEY COULD QUIT A HEALTH SYSTEM, BE HIRED BY AN AGENCY ON

SATURDAY AND BE WORKING ON THE SAME UNIT ON MONDAY WITH LESS

RESPONSIBILITIES AND INCREASED PAY?

MS. WEINSTEIN: YOU'RE -- YOU'RE NOT INCORRECT BUT

WE ARE TRYING TO COLLECT DATA ON THAT ISSUE.

MR. JENSEN: IS THERE -- ON THAT -- ON THAT REVIEW

GROUP, IS THERE ANY LEGISLATIVE APPOINTMENTS TO -- TO THAT REGISTRATION

REVIEW BOARD?

MS. WEINSTEIN: I DON'T BELIEVE SO.

MR. JENSEN: OKAY, THANK YOU. WAS THE FUNDING

THAT WAS ELIMINATED OR PROPOSED TO BE ELIMINATED FOR THE MANAGED

LONG-TERM CARE QUALITY POOL, WAS THAT RESTORED IN THIS BUDGET?

MS. WEINSTEIN: YES -- YES, IT WAS.

MR. JENSEN: OKAY. WERE ANY OF THE GOVERNOR'S

PROPOSED SCOPE OF PRACTICE CHANGES CONTAINED IN THIS ENACTED BUDGET?

MS. WEINSTEIN: NO.

MR. JENSEN: OKAY. DOES THAT INCLUDE THE

INTERSTATE NURSE LICENSURE COMPACT?

MS. WEINSTEIN: CORRECT, THAT WAS NOT -- THAT'S NOT

INCLUDED.

MR. JENSEN: IN THIS LEGISLATION OR SUBSEQUENT

LEGISLATION, IS THERE ANY CHANGE TO THE LEVEL OF FUNDING FOR THE PATRICIA

134

NYS ASSEMBLY MAY 1, 2023

MCGEE NURSE FACULTY SCHOLARSHIP?

MS. WEINSTEIN: NO.

MR. JENSEN: SO IT'S CONSISTENT -- STILL GOING TO BE

CONSISTENT AT A LITTLE OVER 5.9 MILLION?

(PAUSE)

MS. WEINSTEIN: WE WILL TALK ABOUT THAT

TOMORROW. I BELIEVE WE DID ACTUALLY INCREASE IN THE HIGHER ED BUDGET.

MR. JENSEN: MADAM CHAIR, THAT'S CRUEL TO MAKE

ME WAIT A WHOLE ANOTHER DAY TO -- TO FIND OUT.

MS WEINSTEIN: WELL, WE CAN -- WE CAN TALK ON THE

SIDE.

MR. JENSEN: ALL RIGHT. LET ME ASK THIS QUESTION

BUT I THINK I'M GOING TO GET THE SAME ANSWER. IS THERE ANY CHANGE FOR

THE NURSE FAMILY PARTNERSHIP FUNDING?

MS. WEINSTEIN: WE ADDED A $1 MILLION. IT'LL BE IN

THE AID TO LOCALITIES, BUT I WON'T MAKE YOU WAIT UNTIL TOMORROW.

THERE WILL BE A $1 MILLION MORE FOR A TOTAL OF 4 MILLION.

MR. JENSEN: MUCH APPRECIATED FOR THE SNEAK PEEK.

JUST BETWEEN YOU AND I, MADAM CHAIR. REGARDING THE MENTAL HEALTH

PROVISIONS, THE GOVERNOR ANNOUNCED IN HER -- HER CONCEPTUAL

THREE-WAY AGREEMENT THAT SHE ANNOUNCED BY HERSELF, SHE ANNOUNCED A

$1 BILLION COMMITMENT TO MENTAL HEALTH FUNDING. AND IT LOOKS LIKE IN

THIS BUDGET BILL THERE'S A LOT OF DIFFERENT THINGS THAT MAKE UP THAT $1

BILLION. ARE WE SURE THAT WE'RE GOING TO HAVE ENOUGH CAPACITY TO

PROVIDE THE NECESSARY MENTAL HEALTH SERVICES THAT STATE RESIDENTS

135

NYS ASSEMBLY MAY 1, 2023

REQUIRE BASED ON THE AMOUNT OF PROVIDERS WE CURRENTLY HAVE WHO DO

THAT MENTAL HEALTH WORK? AND IS THERE ANY MONEY SPECIFICALLY

DESIGNATED TO INCREASING THE AVAILABLE STAFFING OR RECRUITING NEW

MENTAL HEALTH PROVIDING STAFF?

MS. WEINSTEIN: WELL, IN TERMS OF THE STAFFING, WE

DO ADD 150 BEDS OVER 35 -- 3,500 RESIDENTIAL SLOTS. SO WE DO INCREASE

THE COLA FOR -- THE HUMAN SERVICES COLA TO 4 PERCENT.

MR. JENSEN: WELL, AND I UNDERSTAND ABOUT THE

COLA AND I'M NOT NECESSARILY TALKING ABOUT THE -- THE WORKERS THAT

WE'RE ENVISIONING THAT WOULD BE ELIGIBLE FOR THAT COLA INCREASE. I'M

TALKING ABOUT THE ACTUAL LICENSED PROVIDER. AND CERTAINLY $1 BILLION FOR

150 BEDS AND 30 SOME ODD INPATIENT BEDS, THAT'S A $1 BILLION IS A LOT OF

MONEY FOR LESS THAN 200 BEDS STATEWIDE. SO MY QUESTION IS, ARE WE --

WE'RE ADDING BEDS, WHICH IS GREAT, BUT DO WE ACTUALLY HAVE THE CARE

PROVIDERS, THE LICENSED CLINICAL STAFF TO PROVIDE THIS INCREASED LEVEL OF

CARE THAT WE NEED?

MS. WEINSTEIN: WE -- TO ENCOURAGE MORE

EMPLOYEE PARTICIPATION WE HAVE 14 MILLION IN LOAN FORGIVENESS AS PART

OF THIS, AND THE -- THE COLA WOULD RESULT IN 85.6 MILLION FOR OMH

WORKERS.

MR. JENSEN: OKAY. WELL, THANK YOU, MADAM

CHAIR. I HAVE FIVE SECONDS LEFT AND I'LL RETURN SO YOU CAN GET A SIP OF

WATER. THANK YOU, MADAM CHAIR. THANK YOU, MADAM SPEAKER.

ACTING SPEAKER LUNSFORD: MR. ARI BROWN.

MR. A. BROWN: THANK YOU, MADAM SPEAKER. WILL

136

NYS ASSEMBLY MAY 1, 2023

THE MADAM CHAIRPERSON YIELD FOR SOME QUESTIONS?

MS. WEINSTEIN: YES.

ACTING SPEAKER LUNSFORD: MADAM

CHAIRPERSON, WILL YOU YIELD?

MR. A. BROWN: THANK YOU.

ACTING SPEAKER LUNSFORD: DON'T TAKE MY

JOB.

(LAUGHTER)

MR. A. BROWN: ON PAGE 129, LINE 12, IT STATES

OWNERS SHALL CERTIFY AS FREE OF LEAD PAINT HAZARDS. MADAM

CHAIRPERSON, PLEASE CLARIFY WHAT "FREE OF PAINT HAZARDS MEAN?" DOES

THIS MEAN EXISTING OR EXPOSED?

MS. WEINSTEIN: EXPOSED.

MR. A. BROWN: EXPOSED, OKAY. THANK YOU,

MADAM CHAIRPERSON. ON THIS -- ON THIS MAP FROM THE DEPARTMENT OF

HEALTH WEBSITE, THE MOST HAZARDOUS LOCATIONS OF LEAD PAINT

CONTAMINATION INCLUDE ALL OF LONG ISLAND. MADAM CHAIRPERSON, CAN

YOU TELL ME HOW MANY RENTAL UNITS THERE ARE ON LONG ISLAND?

MS. WEINSTEIN: WE -- WE DON'T KNOW THAT

INFORMATION, BUT THAT WILL BE -- THERE'S THREE -- THERE'S A SEVERAL-YEAR

PHASE-IN OF THIS PROGRAM AND THAT'LL BE SOMETHING THAT THE -- THE LOCAL

DEPARTMENTS OF HEALTH -- HEALTH WILL HELP DETERMINE.

MR. A. BROWN: THANK YOU, MADAM CHAIR.

MS. WEINSTEIN: I ASSUME, THE LOCAL PROPERTY

RECORDS.

137

NYS ASSEMBLY MAY 1, 2023

MR. A. BROWN: THANK YOU. ACCORDING TO THE

LONG ISLAND INDEX, THERE ARE ACTUALLY 2,338 MULTI-FAMILY BUILDINGS,

AND 162,000 APARTMENTS ON LONG ISLAND. BUT LET'S GET BACK TO THAT IN A

MOMENT.

MS. WEINSTEIN: OKAY.

MR. A. BROWN: ON PAGE 129, LINE 29.5, "THE

DEPARTMENT SHALL ESTABLISH AN ANNUAL INSPECTION AND AUDIT PROCESS

WHICH SHALL REVIEW AT LEAST 10 PERCENT OF THE CERTIFICATION INSPECTIONS

OF THE RESIDENTIAL DWELLINGS QUALIFIED FOR THE REGISTRY." ON LINE 34,

"SUCH ORDER SHALL BE CONDUCTED IN PERSON." ACCORDINGLY, HOW WILL THIS

COMMITTEE AUDIT THE 10 PERCENT OF THE 162,000 UNITS, 16,000, LET ALONE

ALL THE REST OF THEM IN THE STATE?

MS. WEINSTEIN: SO, FIRST OF ALL, I WOULD JUST SAY

THAT WE HAVE $18.2 MILLION ASSOCIATED WITH THIS INSPECTION. THE

PROPOSAL ALLOWS FOR SELF-CERTIFICATION, AND THESE -- THE AUDIT WOULD BE

10 PERCENT OF THOSE WHO ARE SELF-CERTIFIED, TO AUDIT 10 PERCENT OF THOSE

THAT ARE SELF-CERTIFIED.

MR. A. BROWN: THANK YOU, MADAM CHAIRPERSON.

WITH RESPECT, IT DOESN'T EXACTLY SAY THAT IN THERE, KIND OF GOING THROUGH

THE WEEDS ON THE SELF-CERTIFICATION. BUT LET'S TALK ABOUT THAT. I'M GOING

TO DO A LITTLE ROUNDING FOR YOU. LET'S CALL IT $20 MILLION ALLOCATED FOR

THIS ENDEAVOR. MADAM CHAIRPERSON, EVEN IF THERE WERE 150,000

INSPECTIONS TAKING INTO ACCOUNT THE WHOLE STATE, 10 PERCENT OF THE

VOLUME OF UNITS, APARTMENT UNITS (INAUDIBLE), THAT WOULD AMOUNT TO

SENDING A FULL-TIME EMPLOYEE TO CONDUCT THESE IN-PERSON INSPECTIONS

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NYS ASSEMBLY MAY 1, 2023

FOR ABOUT 100, $120 AN INSPECTION, A FULL DAY TO PAY SOMEONE TO DO

THAT, AND THAT DOESN'T EVEN LEAVE A PENNY MORE FOR ANY OF THE ASPECTS OF

THE CERTIFICATION PROCESS. SO I ASK YOU, MADAM CHAIRPERSON, DO YOU

BELIEVE THAT THERE'S ENOUGH FUNDING IN THIS BUDGET, REALLY, TO PERFORM

THESE TASKS?

MS. WEINSTEIN: I'LL -- LET -- LET ME JUST CLARIFY

SOMETHING. MY -- I'M JUST -- I'M INFORMED THAT THE -- SINCE IT'S BASED

ON COMMUNITIES OF INTEREST THAT LONG ISLAND IS NOT PART -- WOULD NOT BE

SUBJECT TO THIS REGISTRY AT THIS TIME.

MR. A. BROWN: I'M SO HAPPY TO HEAR THAT, MADAM

CHAIRPERSON. BUT IF YOU LOOK AT THE DEPARTMENT OF HEALTH CHART, THEY

SPECIFICALLY SAY, IN COLOR, THE ENTIRE ISLAND IS, AND THEY BOLDLY EXPRESS

THAT. IT'S STRAIGHT FROM THE DEPARTMENT OF HEALTH..

MS. WEINSTEIN: MY UNDERSTANDING IS THAT THERE IS

A DIFFERENT MAP AS IT RELATES TO LEAD, COMMUNITIES OF -- OF CONCERN, AND

THAT -- YOU KNOW, AND IT IS DWELLINGS BEFORE 1980, SO WE CAN HELP

CLARIFY THAT AFTERWARDS FOR YOU.

MR. A. BROWN: THANK YOU, MADAM CHAIRPERSON.

EVEN IF THE EXISTING LEAD -- LEAD PAINT MAY BE ENCAPSULATED AND

CERTIFIED, WHAT HAPPENS TO THE TENANCY DURING A RENOVATION? IN OTHER

WORDS, CERTAINLY ONCE THE RENOVATION TAKES PLACE, THE BUILDING WOULD

NOT THEN BE IN COMPLIANCE, THEREBY THE TENANT -- THEREBY EXPOSING THE

TENANTS. MUST EVERY TENANT THEN MOVE OUT DURING EVEN THE SMALLEST OF

RENOVATIONS?

MS. WEINSTEIN: RIGHT, IT -- IT'S JUST AN ABATEMENT

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NYS ASSEMBLY MAY 1, 2023

SO IT'S JUST PAINTING OVER.

MR. A. BROWN: THANK YOU, MADAM CHAIR.

MS. WEINSTEIN: IT'S NOT, YOU KNOW, A MAJOR

RENOVATION THAT HAS TO TAKE PLACE.

MR. A. BROWN: WELL, IF I MAY, MADAM

CHAIRPERSON, THAT ACTUALLY EXISTS TODAY. WE DIDN'T NEED THIS BILL TO SAY

THAT. THIS HAS BEEN GOING ON AT -- I'M IN THE CONSTRUCTION BUSINESS FOR

NEARLY FIVE DECADES, WE'RE ALL REQUIRED TO HAVE ONE MAN ON EVERY JOB

THAT'S CERTIFIED FOR THIS. THIS BILL ABSOLUTELY DOES NOT SAY THAT. THIS

REALLY GETS INTO THE WEEDS ON -- ON -- BEYOND ENCAPSULATION AND -- AND

ALL THOSE OTHER COMPONENTS YOU WERE JUST TALKING ABOUT. IT'S NOT THE --

IT'S NOT WHAT EXISTS. THERE'S SOMETHING NEW HAPPENING HERE, THAT'S WHY

WE'RE HERE TODAY.

BUT LET'S MOVE -- MOVE ON FORWARD. I HAVE TO ASK THIS

QUESTION; IT'S ACTUALLY THE MILLION-DOLLAR QUESTION, OR THE

FEW-MILLION-DOLLAR-QUESTION OR THE BILLION-DOLLAR QUESTION. WHY IS

NEW YORK CITY EXCLUDED? ACCORDING TO --

MS. WEINSTEIN: BECAUSE NEW YORK'S ALREADY

COVERED.

MR. A. BROWN: WELL, TO SOME TO DEGREE BUT NOT

FULLY. NOT LIKE -- NOT WITH THIS PARTICULAR LEGISLATION. I MEAN, YOU HAVE

MS. WEINSTEIN: WELL -- WELL, THERE'S -- THERE'S ALSO

REQUIREMENTS, IN PARTICULAR WITH NYCHA, THAT ARE FEDERAL

REQUIREMENTS.

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NYS ASSEMBLY MAY 1, 2023

MR. A. BROWN: OKAY, BUT THIS -- DOES THIS BILL NOT

CARVE OUT NEW YORK CITY SPECIFICALLY? WHY NOT TAKE IT IN? THERE ARE

2,183,000 RENTER-OCCUPIED HOUSING UNITS IN NEW YORK CITY. CERTAINLY

NEW YORK CITY HAS AN INVENTORY THAT'S A LOT OLDER, ALL OF WHICH OR MOST

OF WHICH WAS BUILT BEFORE '79, FULL OF LEAD PAINT. WHY NOT THROW NEW

YORK CITY INTO THIS THING, ALSO?

MS. WEINSTEIN: AT THE MOMENT, IT'S -- IT'S

MODELED AFTER THE ROCHESTER PROGRAM WHICH -- THE MONROE COUNTY

PROGRAM WHICH HAS BEEN VERY SUCCESSFUL. SO THE IDEA IS EXPANDING IT

TO THESE OTHER COMMUNITIES OF CONCERN.

ACTING SPEAKER LUNSFORD: GENTLEMEN IN THE

BACK, IF WE COULD PLEASE KEEP OUR VOICES DOWN, WE'RE ON DEBATE.

MR. A. BROWN: THANK YOU, MADAM CHAIRPERSON.

MADAM SPEAKER, ON THE BILL.

ACTING SPEAKER LUNSFORD: ON THE BILL.

MR. A. BROWN: THANK YOU. IT'S MY FIRM BELIEF

THAT THE GOVERNMENT'S PUSH FOR LEAD-FREE BUILDINGS IN NEW YORK IS

UNREALISTIC AND POTENTIALLY HARMFUL TO THE RENTAL INDUSTRY. THE TASK OF

MAKING MULTI-RENTAL UNITS LEAD-FREE IN NEW YORK, WHILE ADMIRABLE IN

THEORY, IS VIRTUALLY IMPOSSIBLE WITHOUT MAJOR DEMOLITION AND

RECONSTRUCTION OF THE BUILDING. AS WE KNOW, LEAD WAS COMMONLY USED

IN PAINT AND PLUMBING IN OLDER BUILDINGS BEFORE REGULATIONS WERE PUT

IN PLACE BEFORE 1970 AND '79. IT'S IMPORTANT THAT WE RECOGNIZE THAT

SOME ISSUES CANNOT BE REMEDIED BY TOP-DOWN REGULATION ALONE.

FIGHTING AGAINST LEAD CONTAMINATION IN MULTI-RENTAL UNIT BUILDINGS IS AN

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NYS ASSEMBLY MAY 1, 2023

ADMIRABLE GOAL, BUT WE MUST RECOGNIZE THAT THE TASK IS NOT AS EASY AS IT

MAY SEEM. LET'S FOCUS ON PREVENTATIVE MEASURES RATHER THAN

UNREALISTIC PHYSICAL AND ECONOMICALLY-HARMFUL REGULATIONS.

LASTLY, JUST AS THE GOVERNOR'S HOUSING COMPACT WENT

AFTER SUBURBIA, THIS PIECE OF LEGISLATION DOES THE SAME. HAVEN'T WE

LEARNED ANYTHING FROM THAT FAILED ENDEAVOR? THANK YOU, MADAM

CHAIRPERSON AND MADAM SPEAKER.

ACTING SPEAKER LUNSFORD: MS. GIGLIO.

MS. GIGLIO: THANK YOU, MADAM SPEAKER. WILL THE

SPONSOR YIELD?

ACTING SPEAKER LUNSFORD: WILL THE SPONSOR

YIELD?

MS. WEINSTEIN: YES.

ACTING SPEAKER LUNSFORD: THE SPONSOR

YIELDS.

MS. GIGLIO: OKAY. SO BUDGETS REFLECT PRIORITIES IN

THE STATE, AND WHAT MESSAGE ARE WE SENDING OUR VULNERABLE POPULATION

WHEN DIRECT SERVICE PROFESSIONALS WHO HAVEN'T SEEN AN INCREASE IN 10

YEARS GET A SLIGHT INCREASE LAST YEAR, AND THEN BOTH SIDES OF THE AISLE

AGREE IN BOTH ONE-HOUSE BILLS TO GIVE AN 8.5 PERCENT INCREASE, A COST OF

LIVING ADJUSTMENT, AND IT GETS PUT DOWN TO 4 PERCENT? I JUST AM -- I'M

BAFFLED AT HOW THAT HAPPENED, AND I -- I WOULD LIKE TO KNOW WHAT THE

JUSTIFICATION FOR IT IS.

MS. WEINSTEIN: WELL, WE DO RECOGNIZE THE

IMPORTANCE OF THE INCREASE. IT WAS 5.4 LAST YEAR, A 5.4 PERCENT INCREASE

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LAST YEAR, THEN A 4 PERCENT INCREASE. THAT'S PRETTY DRAMATIC OVER JUST A

TWO-YEAR PERIOD OF TIME. WE HAD WANTED A HIGHER (INAUDIBLE) IN OUR

ONE-HOUSE, WE HAD A HIGHER PERCENTAGE INCLUDED, BUT AS A RESULT OF

NEGOTIATIONS AND NEEDS IN OTHER AREAS, THIS IS WHERE WE ENDED UP, AT

THE ADDITIONAL 4 PERCENT.

MS. GIGLIO: YEAH, SO THAT'S, YOU KNOW, 5.4 AND

THEN 4 PERCENT OVER A 12-YEAR PERIOD FOR A COST OF LIVING ADJUSTMENT,

WHICH IS REALLY -- I MEAN, WHEN WE'RE LOOKING AT MINIMUM WAGE AND

WE'RE LOSING DIRECT SERVICE PROFESSIONALS TO MINIMUM WAGE AND GOING

AND WORKING AT A FAST FOOD PLACE RATHER THAN TAKING CARE OF OUR

VULNERABLE POPULATION, I THINK THE PRIORITIES -- I'LL -- I'LL GO TO THE BILL

AFTERWARDS.

MS. WEINSTEIN: SURE.

MS. GIGLIO: MY NEXT QUESTION HAS TO DO WITH THE

INDEPENDENT DEVELOPMENTAL DISABILITY OMBUDS PROGRAM, AND HOW

WILL IT IMPLEMENT TRANSPARENCY MEASURES, IF AT ALL, WITH THE CONCERNS OF

COMPLAINTS AND THE REPORTING OF COMPLAINTS?

(PAUSE)

MS. WEINSTEIN: IT'S -- THIS PROGRAM IS TO HELP

INDIVIDUALS, FAMILIES, ACCESS THE PROGRAMS. IT'S NOT REALLY LOOKING AT

COMPLAINTS.

MS. GIGLIO: SO WILL THERE BE AN ONLINE DATA --

DATABASE TO TRACK ALL THE ACCOUNT -- ALL THE COMPLAINTS?

MS. WEINSTEIN: NOT AT -- NOT AT THIS TIME.

MS. GIGLIO: AND WHO IS GOING TO BE RUNNING THE

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INDEPENDENT DEVELOPMENTAL DISABILITY OMBUDSMAN PROGRAM? WILL

THAT BE A STATE-HIRED PERSON OR WILL THAT BE A NOT-FOR-PROFIT?

MS. WEINSTEIN: IT WILL BE A NOT-FOR-PROFIT.

MS. GIGLIO: A NOT-FOR-PROFIT. SO WHAT

ACCOUNTABILITY BY THE OMBUDSMAN WILL THE STATE REQUIRE IF A COMPLAINT

BY A FAMILY MEMBER IS NOT ADDRESSED?

MS. WEINSTEIN: DO YOU MEAN HOW WOULD THE

NOT-FOR-PROFIT BE CHOSEN, OR...

MS. GIGLIO: YES. I MEAN, A LOT OF THE PEOPLE WITH

DEVELOPMENTAL DISABILITIES HAVE SAID THAT IT WAS A CONFLICT OF INTEREST

REPORTING TO AN OMBUDSMAN WITHIN A HOME OR A FACILITY WHERE THEIR

LOVED ONE RESIDES AND LIVES. SO HOW IS THIS OMBUDSMAN GOING TO BE

HELD ACCOUNTABLE FOR THE TRACKING OF COMPLAINTS IF AN OMBUDSMAN

WITHIN A HOUSE OR A FACILITY IS NOT ADDRESSED?

MS. WEINSTEIN: IT -- IT IS AN INDEPENDENT NOT-

FOR-PROFIT THAT WILL BE THE OMBUDSMAN OBVIOUSLY SUBJECT TO THE STATE

RULES AND REGULATIONS.

MS. GIGLIO: BUT THERE -- THERE WON'T BE ANY

TRACKING AS TO ANY COMPLAINTS TO THAT OMBUDSMAN THAT IS GETTING THE

MONEY FROM THE STATE FOR THE NOT-FOR-PROFIT?

MS. WEINSTEIN: THIS IS NOT REALLY THE -- THEIR GOAL

-- THEIR PURPOSE IS NOT TO RECEIVE COMPLAINTS, IT'S TO HELP FAMILIES

NAVIGATE THE SYSTEM, AND INDIVIDUALS NAVIGATE THE SYSTEM. SO THEY'RE

NOT GOING TO BE RECEIVING COMPLAINTS, THEY'RE GOING TO BE PROVIDING

ASSISTANCE FOR SERVICES -- (INAUDIBLE) SERVICES.

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NYS ASSEMBLY MAY 1, 2023

MS. GIGLIO: OKAY, BECAUSE I -- I HAVE ATTENDED A --

WITH ONE OF MY COLLEAGUES OVER HERE IN THE CORNER OVER THE SUMMER

WHERE THE CONCERNS ABOUT AN OMBUDSMAN THAT WOULD BE HEARING

COMPLAINTS OUTSIDE OF THE FACILITY RATHER THAN AN OMBUDSMAN WITHIN A

FACILITY WHERE THEIR LOVED ONE IS RESIDING WOULD -- THERE WOULD BE AN

OMBUDSMAN THAT THAT COMPLAINT COULD GO TO AND BE TRACKED ABOUT A

FACILITY THAT IS A NOT-FOR-PROFIT THAT IS CARING FOR SOMEONE.

MS. WEINSTEIN: THE -- THIS IS WHAT WE'RE

DISCUSSING HERE NOW IS ALL OUTSIDE OF THE FACILITY. IT'S A NOT-FOR-PROFIT

OUTSIDE OF THE FACILITY.

MS. GIGLIO: OKAY, BUT IT IS SO THAT THE FACILITIES

THEMSELVES HAND OUT THE INFORMATION FOR THE OMBUDSMAN. SO YOU'RE

SAYING THAT I'VE ALREADY IDENTIFIED A FACILITY THAT I WANT TO HAVE MY

LOVED ONE STAY IN, AND WHEN I GO THERE THEY HAVE TO HAND OUT A PAPER

TELLING THEM HOW TO CONTACT AN OMBUDSMAN TO HELP THEM GET INTO THAT

FACILITY OR HOME?

MS. WEINSTEIN: IT -- THE OMBUDSMAN WILL BE

PROVIDING INFORMATION OF HOW TO ACCESS SERVICES.

MS. GIGLIO: OKAY, BUT IT SAYS THAT THE NOT-FOR-

PROFITS ARE BASICALLY GOING TO BE HANDING OUT THAT PAPERWORK TO THEM,

SO THEY'RE ALREADY THERE.

MS. WEINSTEIN: THEY ARE SEPARATE AND APART FROM

THE ENTITY THAT'S PROVIDING THE SERVICES.

MS. GIGLIO: OKAY, I THOUGHT THE STATE WAS DOING A

GOOD THING IN MAKING SURE THERE WAS AN OMBUDSMAN THAT WAS NOT

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NYS ASSEMBLY MAY 1, 2023

WITHIN A HOME OR A FACILITY WHERE SOMEONE WAS SAYING THAT THEY COULD

REPORT A COMPLAINT TO AND TRACK IT WHICH, IN MY OPINION, WOULD BE A

MUCH BETTER SERVICE FOR AN OMBUDSMAN RATHER THAN HAVING A FACILITY

PASS OUT PAPERWORK SAYING, HERE'S THE OMBUDSMAN, HE'S GOING TO HELP

YOU THROUGH THE PROCESS, WHEN MOST OF THESE FACILITIES AND HOMES HAVE

SOMEBODY IN-HOUSE THAT WILL HELP THEM FILL OUT THE PAPERWORK AND GET

THROUGH THE PROCESS. SO IT'S MY --

MS. WEINSTEIN: WELL, IT'S MORE THAN JUST THE

PAPERWORK, IT'S LOCATING THE SERVICES THAT THE PEOPLE ARE LOOKING FOR.

MS. GIGLIO: BUT THEY'RE GETTING IT FROM FOR THE

AGENCY THAT THEY'RE SEEKING OUT, SO...

MS. WEINSTEIN: WELL, IT ALSO MAY HELP INFORM

THEM AS TO PERHAPS A MORE APPROPRIATE FACILITY THAT -- OR SERVICE THAT

MAY MEET THEIR NEEDS.

MS. GIGLIO: OKAY. AND WHEN IT COMES TO THE

HOME CARE REDUCTION, YOU KNOW, THAT IS BECOMING A SCARCE JOB

PLACEMENT FOR PEOPLE THAT WANT TO BE INVOLVED WITH OUR VULNERABLE

POPULATION. THE REDUCTION IN COST, LIKE I SAID, YOU KNOW, IT'S A MATTER

OF GOING AND WORKING HERE AND MAKING A LIVING WAGE, WHICH IS WHAT

NEW YORK STANDS FOR. SO THE REDUCTION IN THE HOME CARE CRITERIA, AND

ACTUALLY THE NEW CRITERIA IN ORDER TO GET HOME CARE IF YOU SHOULD BE

HOSPITALIZED AND THEN HOME IS, IN -- IN MY OPINION -- I'M SORRY. THANK

YOU. THANK YOU, MADAM CHAIR.

ON THE BILL.

ACTING SPEAKER LUNSFORD: ON THE BILL.

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NYS ASSEMBLY MAY 1, 2023

MS. GIGLIO: IN MY OPINION, WE'RE DRIVING PEOPLE

INTO HOSPITALS, WE'RE DRIVING THEM INTO NURSING HOMES AND WE ARE

TRYING TO CUT DOWN ON THE AMOUNT OF WORKERS THAT TAKE CARE OF OUR

VULNERABLE POPULATION IN THIS STATE. BY CUTTING THE COLA -- YOU

KNOW, YOU'RE -- YOU'RE TALKING MINIMUM WAGE, WE NEED A LIVING WAGE,

BUT THE PEOPLE THAT ARE WORKING FOR OUR VULNERABLE POPULATION CAN'T

AFFORD A HOUSE, THEY CAN'T AFFORD -- THEY'RE WORKING TWO AND THREE JOBS.

SO IF WE'RE GUNG-HO ABOUT MAKING SURE THAT EVERYBODY IN NEW YORK

STATE HAS A LIVING WAGE, WE SHOULD BE TAKING CARE OF OUR STATE

RESIDENTS THAT ARE VULNERABLE.

THANK YOU, MADAM SPEAKER.

ACTING SPEAKER LUNSFORD: THANK YOU.

MR. SIMPSON.

MR. SIMPSON: THANK YOU, MADAM SPEAKER.

ON THE BILL.

ACTING SPEAKER LUNSFORD: ON THE BILL.

MR. SIMPSON: NURSING HOMES HAVE NOT SEEN THE

NECESSARY MEDICAID RATE REIMBURSEMENT ADJUSTMENT SINCE 2007. AS A

MATTER OF FACT, NEW YORK STATE CUT THAT RATE IN 2020. SINCE THEN, COSTS

HAVE INCREASED NEARLY 45 PERCENT. THE INDUSTRY IS IN DIRE, CRITICAL AND

DESPERATE NEED FOR A 20 PERCENT INCREASE TO BECOME SOLVENT AND STABLE

IN THE LONG-TERM. ONE OF THE MOST RESPECTED NURSING HOMES IN MY

REGION HAS THE HIGHEST STAFFING RATING BY CMS IN THE REGION, BUT HAS

BEEN UNABLE TO ACHIEVE THAT STAFFING RATIO ON OVER 90 PERCENT OF THE

DAYS IN 2023, DESPITE OPERATING WITH OVER 25 EMPTY BEDS. NEW DATA

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NYS ASSEMBLY MAY 1, 2023

ON DIRECT CARE STAFFING IN NURSING HOMES SHOWS THAT THE SHORTAGE OF

RNS, LPNS, AND AIDES IS NOT IMPROVING. THREE OF FOUR HOMES WERE

UNABLE TO MEET THE STATE'S MANDATED STAFFING LEVELS DATA BASED ON

COMPREHENSIVE DATE FROM THE FOURTH QUARTER OF 2022 RELEASED BY THE

CMS ON APRIL 26TH. TO REITERATE, 77 PERCENT OF HOMES STATEWIDE IN

THE FOURTH QUARTER ARE CURRENTLY UNABLE TO MEET THE STATE STAFFING

REQUIREMENTS. THOSE THAT CAN MEET THE REQUIREMENTS ARE 20 PERCENT

MORE LIKELY TO HAVE LOWER CAPACITY. THE ONLY WAY TO ATTRACT STAFF OR

(INAUDIBLE) DEPARTURES IS TO ENSURE ADEQUATE MEDICAID REIMBURSEMENT

TO FUND WAGES COMMENSURATE WITH THE IMPORTANCE OF THE WORK. THE

LONE 5-STAR HOME IN MY DISTRICT WILL CONTINUE TO STRUGGLE AND MAKE

DIFFICULT DECISIONS. A 6.5 PERCENT OR EVEN A 7.5 PERCENT INCREASE DOES

NOT ADEQUATELY ADDRESS THE NURSING HOME CRISIS THAT WE ALL KNOW EXISTS,

AND HAS EXISTED FOR SEVERAL YEARS.

FOR THOSE REASONS, I CANNOT SUPPORT THIS BILL. THANK

YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MR. BLUMENCRANZ.

MR. BLUMENCRANZ: 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.

MR. BLUMENCRANZ: SO, THE PORTION OF THE BILL

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NYS ASSEMBLY MAY 1, 2023

DEFINING SITE OF SERVICE CLINICAL REVIEW REFERS TO THE CLINICAL CRITERIA

APPLIED TO HEALTH CARE PLANS FOR THE PURPOSES OF DETERMINING WHETHER

OR NOT URGENT OUTPATIENT MEDICAL PROCEDURES AND SURGERIES WILL BE

COVERED BY A GIVEN INSURER OR ENROLLEE. MY QUESTION IS, WHAT EXACTLY

ARE THE CONSIDERED CLINICAL CRITERIA?

MS. WEINSTEIN: I CAN'T GIVE YOU SPECIFIC

EXAMPLES, BUT IT WAS SOMETHING THAT WE WERE REQUESTED BY PROVIDERS TO

HELP IDENTIFY AND IT WILL BE DEVELOPED OVER TIME THROUGH THE AGENCY.

MR. BLUMENCRANZ: I GUESS MY QUESTION COMES

UP BECAUSE I'M VERY CONCERNED THAT THIS REVIEW, AS IT STANDS, DOES NOT

INCLUDE THE USE OF EVIDENCE-BASED MEDICAL REVIEW. SO, ESSENTIALLY

WHAT YOU COULD SEE HAPPENING IN THE FUTURE IS THAT THESE AMBULATORY

SERVICE CENTERS USING THE CRITERIA THAT WOULD BE FULLY BASED ON COST

FACTORS, AND I FIND THAT VERY DESTRUCTIVE TOWARDS THE CONSUMER AND

ESPECIALLY FOR MEDICAL CARE PROVIDERS WHO WOULD HAVE TO LOOK BACK

AND SEE IF THEY'RE DOING THE MOST COST-EFFECTIVE APPROACH VERSUS THE

MOST EVIDENCE-BASED APPROACH WHEN IT COMES TO TREATING A PATIENT.

MS. WEINSTEIN: ALL RIGHT. I UNDERSTAND YOUR --

YOUR -- YOUR CONCERNS, BUT THIS WILL BE SUBJECT TO REGULATIONS MOVING

FORWARD. THERE'LL BE OPPORTUNITY TO COMMENT THAT.

MR. BLUMENCRANZ: OKAY. SO I GUESS IF I ASKED

YOU QUESTIONS BASED ON THE GEOGRAPHICAL ISSUES WITHIN THE BILL I WOULD

HAVE THE SAME ANSWER?

MS. WEINSTEIN: YEAH.

MR. BLUMENCRANZ: ALL RIGHT. OKAY. SO THEN I

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NYS ASSEMBLY MAY 1, 2023

JUST HAD ANOTHER QUESTION BASED ON PART T, THE LEAD-BASED TESTING

REGISTRY. WHAT'S THE ENFORCEMENT MECHANISM IN PLACE ON THIS REGISTRY?

(PAUSE)

MS. WEINSTEIN: SO, THE AUDITS ARE DONE BY THE

DEPARTMENT OF HEALTH AND THERE WOULD BE -- THE LOCAL HEALTH

DEPARTMENTS AND THERE WOULD BE PENALTIES ASSESSED IF IT WAS

DETERMINED YOU WERE OUT OF COMPLIANCE.

MR. BLUMENCRANZ: OKAY. I -- I WAS JUST

CURIOUS, ALSO, WHERE THESE CIVIL PENALTIES OR FEES THAT WILL BE INCURRED

TO VIOLATORS, WHERE -- WHERE THOSE FUNDS WILL GO AND WHAT THEY'LL BE

USED FOR? WILL THEY BE USED TO REMEDIATE THESE PROJECTS OR ASSIST IN

REMEDIATION IN PROJECTS THAT CAN'T NECESSARILY BE FIXED BY THE SMALL-

TIME CARE -- I'M SORRY, SMALL-TIME HOUSING PROVIDER?

MS. WEINSTEIN: SO, SOME OF THE FUNDING IS GOING

TO THE LOCAL DEPARTMENTS OF HEALTH TO PERFORM THESE INSPECTIONS AND

THERE'S ALSO FUNDING TO HELP WITH LANDLORDS TO ABATE THE PROPERTY -- THE

LEAD PROBLEMS.

MR. BLUMENCRANZ: I'M SORRY, CAN YOU REPEAT

THAT LAST PART?

MS. WEINSTEIN: SOME OF THE FUNDING WOULD ALSO

GO -- I BELIEVE $4 MILLION WOULD ALSO BE AVAILABLE FOR OWNERS TO -- TO

APPLY FOR TO ABATE THE LEAD PROBLEMS.

MR. BLUMENCRANZ: OKAY. ALL RIGHT.

MY NEXT QUESTION IS ON THE DATA SHARING PROTECTIONS.

SO WITH RESPECT TO THE PROVISIONS THAT CALL FOR DATA INFORMATION SHARING

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NYS ASSEMBLY MAY 1, 2023

IN THE BUDGET, SUCH AS PART HH REGARDING COMMUNITY BEHAVIORAL HEALTH

CLINICS' JOINT LICENSURE, WILL DATA TOKENIZATION BE TAKEN INTO

CONSIDERATION TO ALLOW FOR THE EASE OF DATA SHARING BETWEEN

INTERGOVERNMENTAL DEPARTMENTS AND AGENCIES?

MS. WEINSTEIN: JUST THE CRIMINAL BACKGROUND

CHECK SHARING.

MR. BLUMENCRANZ: OKAY. AND WHAT, IF ANY,

PROTECTIONS WILL BE IN PLACE FOR -- TO ENSURE PRIVACY PROTECTION?

MS. WEINSTEIN: THERE -- THERE ARE CONFIDENTIALITY

PROCEDURES THAT ARE ALREADY IN PLACE.

MR. BLUMENCRANZ: OKAY. AND THAT WOULD --

THAT WOULD CONTINUE --

MS. WEINSTEIN: CORRECT.

MR. BLUMENCRANZ: -- WITHIN INTERAGENCY DATA

TRANSFERS?

MS. WEINSTEIN: YES, WITH INTERAGENCY, YES.

MR. BLUMENCRANZ: ALL RIGHT. THAT WILL -- THAT

WILL BE ALL MY QUESTIONS THAT HAVEN'T ALREADY BEEN ANSWERED TODAY.

THANK YOU VERY MUCH.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD

THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MS. WEINSTEIN?

MS. WEINSTEIN: YES.

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

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NYS ASSEMBLY MAY 1, 2023

APPRECIATE YOUR INSIGHTS. I WANTED TO TOUCH BASE FIRST ON THE LEAD PAINT

REGISTRY. I SEE THAT IT FINDS THE OWNER AS A VENDEE IN POSSESSION. AS

YOU KNOW, A VENDEE IN POSSESSION WOULD INCLUDE SOMEBODY WHO'S

BUYING THE PROPERTY ON A LAND CONTRACT EVEN THOUGH THEY'RE NOT --

THEY'RE THE RECORDED OWNER. THEY'RE NOT THE RECORD OWNER, THEY'RE THE

TITLED OWNER. WOULD THE NOTICE OF A VIOLATION GO TO BOTH THE VENDEE IN

POSSESSION AND THE TITLE OWNER?

MS. WEINSTEIN: WHOEVER WAS AUTHORIZING THE

LEASE WOULD GET THE NOTICE.

MR. GOODELL: I SEE. AND A LOT OF THE VENDEES IN

POSSESSION ARE THERE UNDER A LAND CONTRACT THAT'S NOT RECORDED. DOES

THIS BILL PROVIDE ANY MECHANISM FOR IDENTIFYING WHO THE VENDEE IN

POSSESSION IS?

MS. WEINSTEIN: NOTHING IN PARTICULAR HERE, BUT I

THINK I HAD MENTIONED EARLIER THAT THERE IS A THREE-YEAR -- THIS DOESN'T --

IT TAKES EFFECT IN THREE YEARS, IT'S TO ALLOW THE THREE-YEAR BUILD UP AND TO

BE ABLE TO IDENTIFY THE -- WHO THE APPROPRIATE INDIVIDUAL OWNER WOULD

BE (INAUDIBLE) --

MR. GOODELL: SO IN OTHER WORDS, WE DON'T KNOW

NOW, BUT WE HAVE THREE YEARS TO FIGURE IT OUT, BASICALLY.

MS. WEINSTEIN: WELL, THE DEPARTMENT OF -- THE

LOCAL DEPARTMENTS OF HEALTH WORKING WITH THE LOCAL PROPERTY ASSESSORS

WILL WORK TO DEVELOP THIS PROGRAM --

MR. GOODELL: BUT THIS IS A STATE -- THIS IS A STATE

RENTAL, NOT A LOCAL RENTAL REGISTRATION, CORRECT? IT'S A STATEWIDE?

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NYS ASSEMBLY MAY 1, 2023

MS. WEINSTEIN: STATEWIDE, YES.

MR. GOODELL: NOW, IT ALSO APPLIES NOT ONLY TO

APARTMENTS WITH TWO OR MORE UNITS, BUT IT SAYS THOSE THAT ARE

POTENTIALLY ELIGIBLE FOR RENTAL. SO IN OTHER WORDS, EVERY SINGLE DUPLEX,

EVEN THOUGH IT'S NOT BEING RENTED, WOULD BE SUBJECT TO THIS?

MS. WEINSTEIN: YES.

MR. GOODELL: AND SO EVEN THOUGH THE OWNERS

MAY BE ACTUALLY USING BOTH SIDES OF THE DUPLEX ARE GOING TO HAVE TO

CERTIFY THAT IT'S LEAD-FREE?

MS. WEINSTEIN: LET ME CORRECT MYSELF. ONLY IF

THERE IS AN INTENTION TO RENT OR LEASE THAT PROPERTY.

MR. GOODELL: BUT THE LANGUAGE IN THE STATUTE

ACTUALLY SAYS "ARE POTENTIALLY ELIGIBLE", RIGHT? I MEAN, THERE'S NO

REFERENCE TO INTENT, THE ACTUAL LANGUAGE SAYS POTENTIALLY ELIGIBLE,

CORRECT?

MS. WEINSTEIN: YES, BUT, YOU KNOW, SINCE IT IS

SUBJECT TO SELF-CERTIFICATION THERE WOULD -- I BELIEVE THEY WOULD BE ABLE

TO CERTIFY THAT THEY DON'T HAVE ANY RENTAL PROPERTY.

MR. GOODELL: NOW LET'S ASSUME THEY'RE GOING

THROUGH THE SELF-CERTIFICATION, THEY HAD THE PROPERTY TESTED AND THERE'S A

LEAD PROBLEM. DOES THIS MEAN, THEN, THAT THE OWNER WOULD HAVE TO

EVICT THE TENANTS?

MS. WEINSTEIN: NO. MOST --

MR. GOODELL: EITHER FIX IT OR EVICT THE TENANTS?

MS. WEINSTEIN: WELL, THE ISSUE -- THE -- THE WORD

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NYS ASSEMBLY MAY 1, 2023

-- THE OPERATIVE WORD IS ABATE THE PROBLEM, AND MOST INSTANCES WE'RE

REALLY TALKING ABOUT IS EXPOSED LEAD PAINT. SO IT --

MR. GOODELL: BUT IF THEY DON'T HAVE --

MS. WEINSTEIN: -- AGAIN, IT CAN EASILY BE --

MR. GOODELL: I APOLOGIZE.

MS. WEINSTEIN: -- PAINTED OVER.

MR. GOODELL: BUT IF THEY DON'T HAVE THE MONEY TO

FIX IT, THEN THEIR ONLY OTHER OPTION IS TO VACATE THE PREMISES THEMSELVES

IF THEY'RE IN A DUPLEX OR -- OR REQUIRE THE TENANTS TO VACATE?

MS. WEINSTEIN: THAT'S WHY THERE IS $4 MILLION

ASSOCIATED WITH -- FUNDS AVAILABLE FOR LANDLORDS TO ACCESS TO HELP WITH

THE COSTS OF ABATING.

MR. GOODELL: JUST SO WE'RE CLEAR, THEIR THREE

OPTIONS ARE, ONE, APPLY TO FUNDING AND HOPEFULLY THEY CAN GET IT, RIGHT?

IF THEY -- OBVIOUSLY OUR FIRST PRIORITY IS TO ABATE, THAT'S WHAT WE HOPE.

IF THEY CAN'T AFFORD IT, THEN THEY CAN APPLY FOR THE 4 MILLION. IF THEY ARE

INELIGIBLE AND THE 4 MILLION DOESN'T COVER IT, THEN IS THE LAST OPTION TO

VACATE THE PREMISES AND REQUIRE THE TENANTS TO VACATE?

MS. WEINSTEIN: ULTIMATELY, IF -- IF THAT'S -- IF THE

SITUATION IS SO BAD THAT IT CAN'T BE EASILY ABATED, YES, BECAUSE WE DON'T

WANT TO HAVE, PARTICULARLY CHILDREN, EXPOSED TO -- PEOPLE EXPOSED TO

THIS HAZARDOUS CONDITION.

MR. GOODELL: NOW, IT REFERENCES CIVIL PENALTIES

UNDER SECTION 12 OF THE PUBLIC HEALTH LAW, THAT'S $2,000 FOR THE FIRST

VIOLATION. IS IT A SEPARATE VIOLATION EACH DAY, OR IS IT JUST ONE VIOLATION

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NYS ASSEMBLY MAY 1, 2023

FOR THE YEAR? HOW IS THAT CALCULATED?

MS. WEINSTEIN: IT IS ONE DAY. IT'S DAILY UNTIL YOU

EITHER START ABATING OR STOP LEASING.

MR. GOODELL: I SEE. SO IF IT TESTS POSITIVE AND

THEY DON'T HAVE THE MONEY TO FIX IT AND THEY CAN'T WAIT FOR A GRANT

BECAUSE A GRANT OBVIOUSLY WILL TAKE DAYS, WEEK, MONTHS, MOST LIKELY

MONTHS, THEN WHAT THEY SHOULD DO IS ASK THE LOCAL MUNICIPALITY TO

CONDEMN THE PROPERTY SO THEY CAN IMMEDIATELY GET THE TENANTS OUT,

CORRECT? OTHERWISE THEY'RE FACING $2,000 A DAY PENALTY?

MS. WEINSTEIN: WELL, THIS WILL BE LARGELY LEFT UP

TO THE REGULATIONS, BUT I CERTAINLY WOULD SUGGEST THAT IF ONCE YOU APPLY

FOR FUNDING TO ABATE THE PROBLEM THAT THAT WOULD STAY ANY FINES.

MR. GOODELL: I WOULD CERTAINLY HOPE SO.

TURNING, IF I MAY, TO PAGE 173 DEALING WITH ABORTION

MEDICATION. THIS SECTION OF THE LAW AUTHORIZES THE -- PHYSICIANS IN

NEW YORK STATE TO PRESCRIBE ABORTION MEDICATION EVEN IF THAT ABORTION

MEDICATION HAS NOT BEEN APPROVED BY THE FOOD AND DRUG

ADMINISTRATION, CORRECT?

MS. WEINSTEIN: YES, IF IT'S OFF-LABEL -- IT WOULD

ALLOW FOR OFF-LABEL USE.

MR. GOODELL: BUT IT'S ILLEGAL TO BUY DRUGS UNLESS

THEY'RE APPROVED BY THE FDA, RIGHT, IN INTERSTATE COMMERCE?

MS. WEINSTEIN: AS SIMILAR AS TO CANCER

TREATMENTS, AS LONG AS IT'S APPROVED BY THE FDA FOR A LEGITIMATE

PURPOSE IT CAN BE APPROVED OFF-LABEL.

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NYS ASSEMBLY MAY 1, 2023

MR. GOODELL: OH, NO DOUBT. IF IT'S BEEN

APPROVED IT CAN BE USED, AND THERE'S EMERGENCY AUTHORIZATION TO GET

APPROVAL. BUT THIS SAYS EVEN IF THE DRUG HAS NOT BEEN APPROVED, RIGHT?

I MEAN, IT EXPRESSLY SAYS THAT EVEN THOUGH WE HAVE DRUG THAT'S NOT BEEN

APPROVED BY THE FDA AS SAFE AND EFFECTIVE, THIS STATUTE AUTHORIZES

PHYSICIANS TO PRESCRIBE IT?

MS. WEINSTEIN: ONLY IF IT HASN'T BEEN APPROVED

FOR OFF-LABEL USE THAT SECTION REFERS TO THAT.

MR. GOODELL: WELL, IT SAYS ANY DRUG, RIGHT?

COVERAGE FOR ABORTION SHALL INCLUDE COVERAGE FOR ANY DRUG PRESCRIBED

FOR THE PURPOSE OF AN ABORTION, INCLUDING BOTH GENERIC AND

NAME-BRAND, EVEN IF THE DRUG HASN'T BEEN APPROVED. ARE WE NOW NOT

CARING AT ALL ABOUT THE HEALTH AND SAFETY OF WOMEN AND THE ROLE OF THE

FDA TO ENSURE THAT A DRUG IS SAFE AND EFFECTIVE?

MS. WEINSTEIN: EVEN IF IT IS AN UNAPPROVED,

OFF-LABEL (INAUDIBLE) FROM THE FDA IF IT IS ON THE WORLD -- WORLD

HEALTH ORGANIZATION LIST OF APPROVED DRUGS.

MR. GOODELL: AH, SO WE'RE NOW LOOKING TO THE

WORLD HEALTH ORGANIZATION TO AUTHORIZE DRUGS THAT HAVE NOT BEEN

CERTIFIED BY THE FDA TO BE SAFE AND EFFECTIVE; IS THAT CORRECT? AS LONG

AS IT RELATES TO ABORTION.

MS. WEINSTEIN: I -- I THINK THIS IS -- DISCUSSION IS

THEORETICAL SINCE THE -- THE TWO DRUGS THAT ARE IN FACT APPROVED BY THE --

CURRENTLY APPROVED BY THE FDA.

MR. GOODELL: NOW, THIS ALSO GOES ON TO SAY THAT

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NYS ASSEMBLY MAY 1, 2023

EVERY MALPRACTICE INSURANCE CARRIER CANNOT DENY COVERAGE OR REFUSE TO

RENEW COVERAGE FOR A PHYSICIAN THAT HAS PRESCRIBED ABORTION

MEDICATION; IS THAT CORRECT?

MS. WEINSTEIN: SOLELY FOR THAT -- ON THAT BASIS,

YES.

MR. GOODELL: SO A SURVEY DONE AND COSPONSORED

IN PART BY PLANNED PARENTHOOD INDICATED THAT OUT OF ROUGHLY 2,000

PEOPLE THAT RESPONDED, 125 REQUIRED MEDICAL FOLLOW-UP FOLLOWING THE

INGESTION OF THESE ABORTION MEDICATIONS. CAN A -- UNDER THIS LANGUAGE,

CAN AN INSURANCE COMPANY REFUSE TO RENEW A POLICY TO A PHYSICIAN IF

THE PHYSICIAN FAILED TO GIVE INFORMED CONSENT AND ADVISE THE CLIENT OF

THE HIGH RISK OF FOLLOW-UP NEED, OR IF THERE WERE ADVERSE REACTIONS THAT

WEREN'T ADEQUATELY EXPLAINED, IF THERE WAS INADEQUATE FOLLOW-UP OR HE

COMMITTED MALPRACTICE IN ANY OTHER REGARD?

MS. WEINSTEIN: SINCE THIS IS SUBJECT TO INFORMED

CONSENT, THE PRESCRIBING OF IT I DON'T BELIEVE THERE'S A CONCERN.

MR. GOODELL: WELL, OF COURSE UNDER THE CURRENT

COURT RULINGS THEY REVERTED BACK -- AT LEAST ONE CIRCUIT DID -- TO WHERE

THE STANDARDS WERE FOR THE FIRST 17 YEARS AND REQUIRED THREE IN-PERSON

MEETINGS WITH THE PHYSICIAN, INCLUDING A FOLLOW-UP, ULTRASOUND AND

OTHER BEST PRACTICES. CAN A -- CAN AN INSURANCE COMPANY REFUSE TO

RENEW A MALPRACTICE INSURANCE IF THERE'S A LAWSUIT BECAUSE THE

PHYSICIAN FAILED TO FOLLOW THOSE SAFETY PROCEDURES THAT WERE IN PLACE

FOR THE FIRST 17 YEARS OF THIS (INAUDIBLE)?

MS. WEINSTEIN: YEAH, AS YOU'RE AWARE, THAT

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OPINION HAS BEEN STAYED PENDING APPEAL.

MR. GOODELL: I UNDERSTAND, BUT I'M -- I'M JUST

QUESTIONING. I MEAN, IT'S ONE THING TO WRITE A PRESCRIPTION, BUT AS YOU

KNOW, BEST PRACTICES WOULD BE A PERSONAL VISIT, HAVING A DRUG TAKEN IN

THE PRESENCE OF THE PHYSICIAN, A SCHEDULED FOLLOW-UP, (INAUDIBLE)

MEDICAL CARE FOR WELL-KNOWN AND SERIOUS SIDE EFFECTS. AM I CORRECT,

THE INSURANCE COMPANY, EVEN UNDER THIS LANGUAGE, COULD RENEW --

REFUSE TO RENEW A MALPRACTICE INSURANCE IF THE PHYSICIAN FAILED TO

PROTECT THE HEALTH OF THE WOMAN BY FOLLOWING THOSE PROCEDURES?

MS. WEINSTEIN: IT CAN'T -- AS I SAID, THE INSURANCE

COMPANY CAN'T REFUSE TO RENEW BASED ON THE PRESCRIBING. IF THERE ARE

OTHER IRREGULARITIES WITH -- OF A PHYSICIAN, THEN THAT COULD POTENTIALLY

BE A BASIS.

MR. GOODELL: THANK YOU VERY MUCH FOR THOSE

CLARIFICATIONS.

ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: SO, IT'S BEEN WELL REPORTED THAT WE

HAVE A HOUSING CRISIS ACROSS NEW YORK STATE. IT'S PARTICULARLY SEVERE

IN NEW YORK CITY, BUT IT'S A SERIOUS ISSUE ACROSS THE STATE. AND SO

WHAT ARE WE DOING AS A LEGISLATURE TO IMPROVE THE NUMBER OF HOUSING

UNITS THAT ARE AVAILABLE FOR RENT? WELL, WE SHOT DOWN -- APPARENTLY THE

MAJORITY DID -- ANY PROPOSALS BY THE GOVERNOR IN THAT REGARD. WHAT'S

THIS BILL DO? THIS BILL SAYS THAT IF YOU OWN A DUPLEX AND YOU'RE LIVING

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NYS ASSEMBLY MAY 1, 2023

IN HALF AND RENTING THE OTHER HALF, OR YOU'RE EVEN THINKING ABOUT RENTING

BOTH HALVES, YOU HAVE TO DO A LEAD INSPECTION. AND IF THAT LEAD

INSPECTION SHOWS THAT YOU HAVE ELEVATED LEAD, YOU'RE FACING A

$2,000-A-DAY FINE. NOW, THE ONLY WAY TO AVOID THAT FINE, OF COURSE, IS

TO VACATE THE PREMISES IMMEDIATELY BECAUSE AT $2,000 A DAY, EVEN IF

YOU WERE -- EVEN IF YOUR BROTHER-IN-LAW WERE A PAINTER IT'S UNLIKELY

YOU'D GET HIM THERE FAST ENOUGH. NOW WE'RE TOLD, DON'T WORRY ABOUT

IT, YOU CAN APPLY FOR A GRANT. YEAH, $4 MILLION STATEWIDE. HOW MANY

OF YOU HAVE SEEN A GRANT PROCESS IN THE STATE OF NEW YORK THAT DIDN'T

TAKE MONTHS? SO IF YOU CAN'T AFFORD TO REPAIR AND YOU CAN'T WAIT

MONTHS FOR A GRANT, YOUR ONLY OPTION IS TO VACATE THE PREMISES. THAT

MEANS YOU TELL YOUR TENANT, GET THE HECK OUT.

NOW, AS MY COLLEAGUE NOTED, THERE ARE HUNDREDS OF

THOUSANDS OF APARTMENTS THAT WILL BE AFFECTED BY THIS. WE'RE TOLD,

WELL, WAIT A MINUTE, IT'S ONLY GOING TO BE IN THE MOST SERIOUS AREAS.

REALLY? WHAT'S THE STATUTE SAY? THE ACTUAL STATUTORY LANGUAGE SAYS

"LOCATED WITHIN COMMUNITIES OF CONCERN AS IDENTIFIED BY THE HEALTH

DEPARTMENT." WHAT'S THAT MEAN, MY FRIENDS? NOW, WE -- EVERY ONE OF

US HERE IN THIS CHAMBER WANT TO SEE A REDUCTION IN LEAD. ALL OF US. WE

ALL SUPPORT LEAD ABATEMENT. BUT THIS PROPOSAL IS A HAMMER, IT'S NOT A

HANDOUT. IT'S A SLAP ACROSS THE FACE. IT DOESN'T PROVIDE THE MEANS OF

ACHIEVING THIS END, IT FORCES THOUSANDS, IF NOT HUNDREDS OF THOUSANDS OF

RENTAL UNITS OFF THE MARKET. AND IF YOU THINK YOU'VE GOT A HOUSING

CRISIS NOW, WAIT 'TIL YOU'RE DONE WITH THIS.

THEN WE HAVE AN ASTOUNDING PROVISION WHEN IT RELATES

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TO ABORTION MEDICATION. APPARENTLY, THIS LEGISLATURE BELIEVES THAT AS

LONG AS YOU'RE TERMINATING THE LIFE OF AN UNBORN CHILD, YOU CAN USE

PRESCRIPTION MEDICATION THAT'S NOT APPROVED BY THE FDA AND THE

MALPRACTICE INSURANCE COVERAGE HAS TO COVER YOU. REALLY? WE'RE

SAYING THAT YOU CAN PRESCRIBE MEDICATION THAT'S NOT BEEN APPROVED BY

THE FDA AS (INAUDIBLE) SAFE AND EFFECTIVE AND THAT'S OKAY AS LONG AS

YOU'RE KILLING AN UNBORN BABY?

PLEASE, MY FRIENDS, LET'S PUT WOMEN'S HEALTH FIRST, LET'S

ADDRESS -- ADDRESS THE HOUSING CRISIS BY PROVIDING POSITIVE FINANCIAL

INCENTIVES RATHER THAN A HAMMER, AND LET'S FOCUS ON MOVING THE STATE

FORWARD RATHER THAN BACKWARDS WITH PUNITIVE MEASURES THAT DON'T

REFLECT PUBLIC SAFETY. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MR. KEITH BROWN.

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

SPONSOR YIELD FOR A FEW QUESTIONS?

ACTING SPEAKER AUBRY: MS. WEINSTEIN, WILL

YOU YIELD?

MS. WEINSTEIN: YES.

MR. K. BROWN: THANK YOU, MADAM CHAIR. I

PROMISE NOT TO BE REPETITIVE, I JUST HAD SOME QUESTIONS IN SOME AREAS

THAT WE HAVEN'T GONE OVER YET. IN PART II, BEHAVIORAL HEALTH INSURANCE

REFORM SAYS -- A SECTION IN THERE REFERS TO CLARIFICATIONS WERE MADE TO

VARIOUS OPIOID ANTAGONISTS THAT ARE EXEMPT FROM PRIOR AUTHORIZATION.

CAN YOU JUST EXPLAIN WHAT THE -- WHAT THAT MEANS?

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NYS ASSEMBLY MAY 1, 2023

MS. WEINSTEIN: IT REMOVES PRIOR AUTHORIZE --

AUTHORIZATION FOR THE MEDICATED TREATMENTS, ASSISTED TREATMENTS. MAT

TREATMENTS.

MR. K. BROWN: I'M SORRY, I COULDN'T HEAR YOU.

MS. WEINSTEIN: IT REMOVES THE PRIOR AUTHORIZATION

REQUIREMENT FOR MEDICATED-ASSISTED TREATMENTS SUCH AS METHADONE.

MR. K. BROWN: I'M SORRY, EITHER IT'S BECAUSE THE

BACK OF THE ROOM OR (INAUDIBLE) --

MS. WEINSTEIN: WELL, MAYBE YOU NEED TO ASK

SOME OF YOUR COLLEAGUES TO...

MR. K. BROWN: I CAUGHT MOST OF IT, I DIDN'T HEAR

THE END OF IT.

MS. WEINSTEIN: MAT TREAT -- MAT, MEDICATED-

ASSISTED TREATMENTS. IT REMOVES THE REQUIREMENT OF PRIOR AUTHORIZATION.

MR. K. BROWN: OKAY, VERY GOOD. THANK YOU.

ALSO, I SAW THAT THERE WAS AN OMISSION OF THE SALE OF

FLAVORED TOBACCO FOR VAPE PRODUCTS. THAT DIDN'T MAKE IT INTO THE FINAL?

ANY PARTICULAR REASON WHY?

MS. WEINSTEIN: THERE WAS NOT AGREEMENT ABOUT

INCLUDING IT IN THE BUDGET.

MR. K. BROWN: OKAY. AND THEN, LATER ON, STAYING

ON THE TOPIC OF FENTANYL, PART BB UNDER MENTAL HYGIENE RELATES TO

STATE SCHEDULE 1 AND 2 LIST OF CONTROLLED SUBSTANCES INCLUDING VARIOUS

FENTANYL ANALOGS. THIS CAME UP LAST TIME WE TALKED ABOUT THIS IN THE

ONE-HOUSE BILL. ANY PARTICULAR REASON WHY WE'RE TRYING TO CLASSIFY

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NYS ASSEMBLY MAY 1, 2023

DRUGS UNDER FENTANYL AND ANALOGS? IN OTHER WORDS, WHY ARE WE

CONSTANTLY TRYING TO CLASSIFY INSTEAD OF COMING UP WITH SOME MORE

GENERIC LANGUAGE THAT ALLOWS US TO STAY AHEAD OF THE DRUGS ON THE

STREET, RATHER THAN ALWAYS PLAYING CATCHUP IN THE STATE OF NEW YORK?

MS. WEINSTEIN: IT -- IT'S MERELY BASED ON THE

FEDERAL -- THE CHANGES ON THE FEDERAL LEVEL TO KEEP UP WITH THE FEDERAL

SCHEDULE.

MR. K. BROWN: WELL, I UNDERSTAND THAT. BUT WE

HAVE STATE COURTS, RIGHT, AND WE HAVE A SYSTEM OF STATE LAW THAT

CLASSIFIES EACH ONE SO THAT DISTRICT ATTORNEYS AND POLICE HAVE TO PROVE

EACH AND EVERY SINGULAR DRUG, RATHER THAN THE FEDERAL LEGISLATION WHICH

HAS A MORE OMNIBUS APPROACH. AND I DON'T UNDERSTAND WHY IN NEW

YORK WE DON'T ADOPT A SIMILAR TYPE OF PROVISION. AND I SPEAK ABOUT

THIS ALL THE TIME.

MS. WEINSTEIN: WE'RE JUST MATCHING WHAT THE

FEDERAL GOVERNMENT DOES IN THIS REGARD.

MR. K. BROWN: OKAY. SO AGAIN, WE'RE GOING TO BE

A STEP BEHIND AND WE'RE GOING TO CONSTANTLY -- I'M SORRY, I'LL ASK

ANOTHER QUESTION.

THE JOINT LICENSURE. ONE OF MY COLLEAGUES BROUGHT UP

THE FACT OF INFORMATION SHARING AND I WANTED TO ASK IT IN A DIFFERENT

WAY. I CONSTANTLY HEAR FROM SERVICE PROVIDERS IN THE ALCOHOL AND

SUBSTANCE ABUSE ARENA THAT THEY HAVE A PROBLEM BECAUSE EVEN

TREATMENT FACILITIES CAN'T SHARE MEDICAL INFORMATION. AND ARE WE DOING

ANYTHING TO ADDRESS THE FACT THAT WE'RE NOT SHARING INFORMATION EVEN

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NYS ASSEMBLY MAY 1, 2023

BETWEEN NOT JUST OMH AND OASAS, BUT NOT BETWEEN PROVIDERS? SO IN

OTHER WORDS, WHEN A PATIENT SWITCHES FROM ONE PROVIDER TO THE NEXT,

THERE'S NO ABILITY TO SHARE THAT INFORMATION. SO THERE'S NO CONTINUITY OF

CARE. ARE WE ADDRESSING THAT WITH THIS PROVISION OF THE BUDGET?

MS. WEINSTEIN: NO. AS I MENTIONED TO AN EARLIER

QUESTION -- IN RESPONSE TO AN EARLIER QUESTION, JUST THE SHARING OF

BACKGROUND CHECKS.

MR. K. BROWN: SO MAYBE WE'LL ADDRESS THAT

OUTSIDE OF THE BUDGET OR PERHAPS NEXT YEAR?

MS. WEINSTEIN: WE CERTAINLY CAN LOOK AT IT.

MR. K. BROWN: OKAY. THANK YOU.

WITH REGARD TO DANIEL'S LAW TASK FORCE, I SEE THERE'S

NO MINORITY LEADER APPOINTMENTS EITHER IN THE SENATE OR THE

ASSEMBLY. THIS IS AN ONGOING PROBLEM THAT WE'VE HAD. SOMETHING

LIKE THIS, WHICH IS A -- A BIPARTISAN ISSUE THAT CROSSES PARTY LINES, WHY

DON'T WE HAVE MINORITY REPRESENTATION? AND WHY CAN'T WE ADDRESS THIS

LIKE ADULTS?

MS. WEINSTEIN: WE THINK THAT THE REPRESENTATION

HERE WILL PROVIDE SUFFICIENT GUIDANCE.

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

THANK YOU, MADAM CHAIRWOMAN FOR THE ANSWERS TO THE QUESTIONS. I

HAVE NO FURTHER QUESTIONS.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

ON A MOTION BY --

MR. MCDONALD.

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MR. MCDONALD: THANK YOU, MR. SPEAKER.

(INAUDIBLE-AUDIO IS OFF) ONE OF COLLEAGUES BROUGHT UP THE CONCERN

ABOUT ONE OF THE MEDICATIONS THAT IS UNLABELLED USE. BASICALLY THAT

MEANS IT'S NOT INDICATED FOR A PARTICULAR CONDITION. IT IS VERY COMMON

IN MEDICINE TO HAVE MEDICATIONS NOT BE INDICATED AS AN ABORTIVE

(INAUDIBLE), FOR EXAMPLE, BUT TO BE ALLOWED TO BE USED BASED ON PEER

REVIEW. IT'S VERY COMMON IN MEDICINE. AS A MATTER OF FACT, TODAY IF

ANYBODY EVER HEARD OF OZEMPIC? IT'S NOT INDICATED FOR WEIGHT LOSS, BUT

MANY PEOPLE ARE GETTING IT PAID BY THEIR INSURANCE PLANS FOR WEIGHT

LOSS. SO, THERE WAS A LITTLE BIT OF CONCERN EXPRESSED BY MY COLLEAGUE, I

JUST WANT PEOPLE TO UNDERSTAND THAT THAT MEDICATION HAS BEEN

WELL-STUDIED, WELL-DOCUMENTED AND IT DOES ACTUALLY HAVE A ROLE IN -- IN

THIS PROCESS.

MR. GOODELL: MR. SPEAKER? MR. SPEAKER?

WOULD MR. MCDONALD YIELD?

ACTING SPEAKER AUBRY: MR. MCDONALD, WILL

YOU YIELD?

MR. MCDONALD: WELL (INAUDIBLE) --

ACTING SPEAKER AUBRY: MAYBE NOT.

MR. MCDONALD: WELL, WE JUST LOST FOUR COUNTRIES,

BUT THAT'S OKAY.

MR. GOODELL: OKAY. THANK YOU FOR YIELDING, MR.

MCDONALD. AND I -- AND I APPRECIATE THE FACT --

MR. MCDONALD: SORRY.

MR. GOODELL: -- THAT WE HAVE A PRACTICING

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NYS ASSEMBLY MAY 1, 2023

PHARMACIST HERE ON THE FLOOR OF THE ASSEMBLY --

MR. MCDONALD: YEP.

MR. GOODELL: -- AND I APPRECIATE THAT EXPERTISE

THAT YOU BRING, AND HOPEFULLY YOU'LL EITHER SELL YOUR PRACTICE OR BECOME

LESS SUCCESSFUL IN TWO YEARS SO YOU CAN STAY HERE.

(INAUDIBLE/CROSS-TALK)

MR. MCDONALD: ACTUALLY, I'VE ALREADY -- I'VE

ALREADY -- I SOLD MY PRACTICE TWO YEARS AGO, BUT I STILL PRACTICE

PHARMACY ON A DAILY BASIS. AND I'LL BE HAPPY TO BE HERE AS LONG AS THE

PEOPLE OF THE 108TH ASSEMBLY DISTRICT WILL ALLOW ME TO BE HERE.

MR. GOODELL: WELL, I'M GLAD. SO, OBVIOUSLY,

YOU'VE TALKED A LOT ABOUT -- OR YOU SPOKE SOME ABOUT OFF-LABEL USE, IF

YOU WILL, OF A DRUG THAT'S APPROVED BY THE FDA.

MR. MCDONALD: CORRECT.

MR. GOODELL: HAVE YOU EVER DEALT WITH A

SITUATION WHERE A PHYSICIAN FOR PRESCRIBING A DRUG THAT WAS NOT

APPROVED BY THE FDA?

MR. MCDONALD: YES.

MR. GOODELL: AND IN WHAT CIRCUMSTANCES --

MR. MCDONALD: FOR ITS INDICATION. JUST TO BE

CLEAR, FOR WHAT IT'S INDICATED FOR.

MR. GOODELL: UNDER WHAT CIRCUMSTANCES WOULD A

PHARMACIST BE ABLE TO BUY A DRUG OR FILL A PRESCRIPTION IF THE DRUG WERE

NOT APPROVED BY THE FDA?

MR. MCDONALD: SO, THE EXAMPLE OF THE DRUG THAT

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NYS ASSEMBLY MAY 1, 2023

YOU'RE REFERENCING HERE IS MISOPROSTOL, WHICH YEARS AGO WAS KNOWN AS

CYTOTEC, WHICH WAS USED COMMONLY FOR ARTHRITIS. IT IS STILL READILY

AVAILABLE TODAY. I BUY IT AT LEAST TWO OR THREE TIMES A WEEK BECAUSE IT'S

APPROVED BY THE FDA. WHAT YOU WERE HONING IN ON, UNDERSTANDABLY,

IS WHAT IS IT INDICATED FOR AND I THINK THAT'S AN IMPORTANT DISTINCTION.

MR. GOODELL: NOW, THE LANGUAGE IN THE BILL THAT

WE'RE DISCUSSING REQUIRES COVERAGE FOR, QUOTE, "ANY DRUG PRESCRIBED FOR

THE PURPOSE OF AN ABORTION, INCLUDING GENERIC AND BRAND-NAME DRUGS,

EVEN IF SUCH DRUG WAS NOT APPROVED BY THE FDA FOR THAT PURPOSE."

AND SO WHAT YOU'RE SAYING IS IF IT'S APPROVED FOR ARTHRITIS YOU CAN USE IT

TO KILL AN UNBORN BABY.

MR. MCDONALD: NO, I'M NOT SAYING THAT.

MR. GOODELL: OKAY. WHAT ARE YOU --

MR. MCDONALD: WHAT I'M SAYING IS THE

MEDICATION IS APPROVED BY THE FDA. IT'S NOT INDICATED FOR ABORTION,

BUT THERE ARE MANY PEER REVIEW JOURNAL ARTICLES THAT ALLOW IT TO HAPPEN.

AND INTERESTINGLY ENOUGH, YOU CAN ACTUALLY READ THE LITERATURE AND IT

WILL SHOW YOU THE UNLABELLED USES. THIS IS AN UNLABELED USE OF

MISOPROSTOL. NOW, PEOPLE MAY AGREE OR DISAGREE ON THE UNLABELED

USE, AND THAT'S OKAY, THAT'S ABSOLUTELY FINE. BUT I THINK IT'S JUST AN

IMPORTANT CLARIFICATION BECAUSE IT'S BEING -- POTENTIALLY BEING CONFUSED

TO BE A DANGEROUS MEDICATION, AND THE BOTTOM LINE IS AS LONG AS THE

APPROPRIATE PRESCRIBER PRESCRIBING IT FOR THE APPROPRIATE SITUATION AS A

-- AS AN UNLABELED USE FOR IS SAFE.

MR. GOODELL: NOW AM I CORRECT THAT THIS

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NYS ASSEMBLY MAY 1, 2023

COMBINATION OF MEDICATIONS HAS A -- A SERIOUS SIDE EFFECT THAT AFFECTS

UPWARDS OF 1 PERCENT OF THOSE WHO TAKE IT THAT WOULD THEN REQUIRE

FOLLOW-UP MEDICAL CARE; IS THAT CORRECT?

MR. MCDONALD: ALL MEDICATIONS HAVE POTENTIAL

SIDE EFFECTS.

MR. GOODELL: RIGHT.

MR. MCDONALD: I MEAN, THIS IS --

MR. GOODELL: ONE PERCENT, WOULDN'T YOU AGREE,

IS A FAIRLY HIGH PERCENTAGE OF MEDICATION THAT REQUIRES MEDICAL

FOLLOW-UP OR HOSPITALIZATION?

MR. MCDONALD: AND THIS IS WHY I ALWAYS

REINFORCE WITH INDIVIDUALS THAT MEDICATION SHARING IS NOT APPROPRIATE.

BECAUSE IF IT'S PRESCRIBED INAPPROPRIATELY FOR THE WRONG PATIENT, IT MAY

CAUSE THOSE TYPE OF CONDITIONS. UNFORTUNATELY, IN MANY DIFFERENT AREAS

-- SUBSTANCE USE IS A GREAT EXAMPLE -- WE HAVE A LOT OF MEDICATION

BEING SHARED INAPPROPRIATELY ON A REGULAR BASIS. MISOPROSTOL IS A DRUG

THAT WE, AS PHARMACISTS, GUARD VERY CAREFULLY AND ADVISE PATIENTS,

WHETHER THEY'RE TAKING IT FOR ARTHRITIS OR ANY OTHER PURPOSE, THAT IT'S

INTENDED FOR THEM FROM THE PRESCRIBER, NOT FOR ANYBODY ELSE.

MR. GOODELL: AGAIN, THANK YOU FOR YOUR

EXPERTISE.

MR. MCDONALD: THANK YOU.

MR. GOODELL: THANK YOU, MR. SPEAKER, AND

THANK YOU TO MY COLLEAGUE.

ACTING SPEAKER AUBRY: THANK YOU.

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NYS ASSEMBLY MAY 1, 2023

MS. WALSH.

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

CHAIRWOMAN JUST PLEASE YIELD FOR A QUICK QUESTION?

ACTING SPEAKER AUBRY: MS. WEINSTEIN, WILL

YOU YIELD?

MS. WEINSTEIN: YES.

MS. WALSH: THANK YOU VERY MUCH. THE QUESTION

THAT I HAVE IS PRETTY SPECIFIC AND IT HAS TO DO WITH PART DD, WHICH HAS

TO DO WITH THE HUMAN SERVICES COST OF LIVING ADJUSTMENT.

MS. WEINSTEIN: YES.

MS. WALSH: SO, I'VE BEEN CONTACTED BY A

CONSTITUENT WHO WAS CONCERNED THAT CHILDREN'S HEALTH HOME CARE

MANAGERS WHO OPERATE UNDER THE AUSPICES OF DOH RATHER THAN OMH,

OPWDD, WERE NOT BEING INCLUDED IN THE COLA, AND I JUST WANTED TO

EITHER CONFIRM -- I JUST WANT CLARIFICATION ON THAT PART FOR MY

CONSTITUENT.

MS. WEINSTEIN: UNFORTUNATELY, THEY ARE NOT

INCLUDED IN THIS COLA.

MS. WALSH: IS -- IS THERE A PARTICULAR REASON WHY?

BECAUSE FROM WHAT I UNDERSTAND, THE WORK THAT THEY DO IS -- IS -- IS

IMPORTANT WORK AND IT -- IT JUST -- THE -- THE CONSTITUENT WAS WONDERING

IF IT WAS BECAUSE SHE WAS UNDER DOH RATHER THAN ONE OF THESE OTHER --

OMH OR OPWDD. IS THAT -- IS THAT WHY, OR IS THERE SOMETHING I CAN

TELL HER?

MS. WEINSTEIN: THERE WERE SOME STATUTORY

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NYS ASSEMBLY MAY 1, 2023

INCONSISTENCIES WITH SEVERAL -- THAT'S NOT THE ONLY TITLE THAT IS NOT

INCLUDED, SO THEY WERE JUST A NUMBER THAT WE WERE NOT ABLE TO INCLUDE.

MS. WALSH: OKAY. WELL, THANK YOU VERY MUCH FOR

YOUR ANSWER. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, MS.

WALSH.

(PAUSE)

READ THE LAST SECTION. HOLD UP.

ON A MOTION BY MS. WEINSTEIN, 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: A PARTY VOTE HAS

BEEN REQUESTED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE WILL BE GENERALLY OPPOSED TO THIS BUDGET BILL. CERTAINLY,

THOSE WHO SUPPORT IT CAN DO SO BY VOTING IN FAVOR ON THE FLOOR.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. THE MAJORITY CONFERENCE IS GOING TO BE IN FAVOR OF THIS PIECE

OF LEGISLATION. IT'S A GOOD PIECE, WE'RE GOING TO SUPPORT IT.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

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NYS ASSEMBLY MAY 1, 2023

(THE CLERK RECORDED THE VOTE.)

MR. OTIS TO EXPLAIN HIS VOTE.

MR. OTIS: THANK YOU, MR. SPEAKER. I JUST WANTED

TO HIGHLIGHT ONE OF THE PROVISIONS IN THIS BUDGET BILL THAT WAS

MENTIONED A LITTLE IN DISCUSSION EARLIER, HAVING TO DO WITH QUASI-PUBLIC

EMS PROVIDERS ALLOWING THEIR PEOPLE TO QUALIFY FOR NYSHIP. THIS

CODIFIES A REGULATORY CHANGE THE DEPARTMENT OF CIVIL SERVICE MADE IN

FEBRUARY OF THIS YEAR. IT WAS SOMETHING THAT WAS IN A BILL THAT I

CARRIED. BUT THE REAL POINT OF IT WAS THAT THESE KINDS OF ENTITIES, THEIR

PEOPLE WERE NOT ELIGIBLE FOR NYSHIP BECAUSE WHAT WAS BEING HELD

AGAINST THEM WAS THE INSURANCE REVENUES THAT THEY GET, AND THERE'S A

50 PERCENT RULE FOR THE MUNICIPAL CONTRIBUTIONS OF THESE ENTITIES.

THEY'RE REALLY QUASI-GOVERNMENTAL. THE DEPARTMENT OF CIVIL SERVICE,

IN THEIR WISDOM, DECIDED THAT THAT WAS THE WRONG POLICY AND SO THEY

DID BY REGULATION, WHICH WE'RE NOW REINFORCING BY STATUTE IN THIS

BUDGET BILL. IT'S A GOOD THING FOR RETAINING EMERGENCY EMS WORKERS,

WHICH IS A PROBLEM STATEWIDE. EASIER ACCESS TO HEALTH INSURANCE IS A

GOOD THING FOR EVERYBODY IN THIS STATE, AND IN THIS CASE WARRANTED. OUR

COMPLIMENTS TO THE DEPARTMENT OF CIVIL SERVICE AND ALSO TO STATE

COMPTROLLER TOM DINAPOLI WHOSE STAFF FED INTO THIS AND MY COLLEAGUE

IN THE SENATE, SHELLEY MAYER.

I VOTE AYE.

ACTING SPEAKER AUBRY: MR. OTIS IN THE

AFFIRMATIVE.

MS. WOERNER TO EXPLAIN HER VOTE.

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NYS ASSEMBLY MAY 1, 2023

MS. WOERNER: THANK YOU, MR. SPEAKER, FOR

ALLOWING ME THE OPPORTUNITY TO EXPLAIN MY VOTE. MANY OF US PUSHED

HARD FOR OUR -- AN INCREASED REIMBURSEMENT RATE FOR OUR NURSING HOMES,

AND WE SUCCEEDED IN ACHIEVING A HIGHER RATE THAN THE GOVERNOR HAD

PROPOSED. BUT STILL, WITH THE INCREASE OF 6.5 PERCENT AND EVEN WITH THE

POTENTIAL THAT IT COULD GO TO 7.5 PERCENT, IT'S UNLIKELY TO BE ENOUGH TO

STABILIZE THE FINANCES OF OUR NOT-FOR-PROFIT NURSING HOMES. TO ADJUST TO

THE FINANCIAL CIRCUMSTANCES THEY FIND THEMSELVES IN, THEY HAVE CLOSED

BEDS, AND IN FACT ACROSS THE STATE OUR NURSING HOMES HAVE CLOSED 6,000

BEDS SINCE THE PANDEMIC. AND I SUSPECT THAT WE CAN EXPECT TO SEE

EVEN MORE BEDS CLOSED, AND THAT'S GOING TO FURTHER IMPACT HOSPITALS

AND PATIENTS ACROSS THE STATE. IN THE LAST QUARTER OF 2022, 77 PERCENT OF

NURSING HOMES COULD NOT MEET THEIR REQUIRED STAFFING LEVELS BECAUSE

THEY COULDN'T ATTRACT OR RETAIN APPROPRIATE STAFF, AND THAT'S WITH

SIGNIFICANTLY FEWER BEDS OPEN. THE ONLY WAY TO FIX THE STAFFING IS TO BE

ABLE TO OFFER BETTER PAY, AND THAT REQUIRES A BETTER REIMBURSEMENT RATE

THAT SUPPORTS HIGHER WAGES FOR THE PEOPLE WHO CARE FOR OUR VULNERABLE

ELDERLY. WE HAVE MORE WORK TO BE DONE, AND I LOOK FORWARD TO

WORKING WITH ALL OF YOU TO MAKE SURE THAT OUR NURSING HOMES IN THE

FUTURE HAVE THE RESOURCES THEY NEED TO CARE FOR THEIR PATIENTS.

THANK YOU, AND WITH THAT I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. WOERNER IN THE

AFFIRMATIVE.

MRS. GUNTHER TO EXPLAIN HER VOTE.

MRS. GUNTHER: I RISE TODAY TO TALK ABOUT MY

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NYS ASSEMBLY MAY 1, 2023

DISAPPOINTMENT IN THE INCREASES FOR BOTH PEOPLE THAT WORK ON MENTAL

HEALTH UNITS AND IN LONG-TERM CARE. AS A REGISTERED NURSE, I'VE WORKED

ON A MENTAL HEALTH FLOOR, I'VE WORKED IN LONG-TERM CARE, IT'S VERY HARD

TO EXPLAIN BOTH THE PHYSICAL AND THE EMOTIONAL ENERGY THAT WE PUT IN TO

OUR JOB. I THINK THAT THIS INCREASE -- AND I -- I CONCUR WITH MY

COLLEAGUE CARRIE WOERNER THAT THIS WILL NOT ATTRACT MORE PEOPLE TO

COME TO OUR LONG-TERM CARES TO TAKE CARE OF PEOPLE WITH MENTAL

HYGIENE. AND IT'S SO IMPERATIVE THAT WE GO BACK AND THINK ABOUT IT,

THAT THIS ARE MOSTLY WOMEN WORKING ON THE FLOOR. IT'S BOTH PHYSICAL

AND -- IT'S BOTH PHYSICAL AND MENTAL, AND IT'S JUST NOT FAIR THAT WE HAVE

TO BEG EVERY YEAR TO GET A LIVING WAGE THAT -- FOR PEOPLE THAT PROVIDE

CARE TO PEOPLE THAT ARE THE MOST VULNERABLE. SO WE CAN'T KEEP DOING

THIS. WE HAVE TO PAY THEM A LIVING WAGE. MOSTLY WOMEN. AGAIN, I

SAY MOSTLY WOMEN. IF IT WAS A MAN'S WORLD IT WOULDN'T BE LIKE THIS.

SO I'M VOTING YES ON THIS BUDGET BILL, BUT I'M VOTING --

I'M HORRIFIED THAT WE COULDN'T DO A BETTER JOB. THANK YOU.

ACTING SPEAKER AUBRY: MRS. GUNTHER IN THE

AFFIRMATIVE.

MR. PALMESANO TO EXPLAIN HIS VOTE.

MR. PALMESANO: YES, MR. SPEAKER, TO EXPLAIN

MY VOTE. I ALSO RISE TO EXPRESS MY INCREDIBLE DISAPPOINTMENT AND

FRUSTRATION WITH THIS BUDGET, ESPECIALLY THE FACT OF THE MATTER IS OUR

RESPONSIBILITY -- BUDGETING IS ABOUT PRIORITIES. AND WHAT DOES THIS SAY

TO US AS A -- ABOUT US AS A STATE IF WE'RE NOT TAKING CARE OF OUR MOST

VULNERABLE CITIZENS? THOSE INDIVIDUALS WITH INTELLECTUAL AND

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NYS ASSEMBLY MAY 1, 2023

DEVELOPMENTAL DISABILITIES WHO WERE DEALT A VERY BAD HAND IN LIFE AT NO

FAULT OF THEIR OWN, AND YET THEIR QUALITY OF CARE AND QUALIFY OF LIFE IS

DEPENDENT UPON WHAT WE DO UP HERE IN ALBANY. AND -- AND ALSO WHAT

IT'S REALLY DEPENDENT ON IS THE DIRECT SUPPORT PROFESSIONALS WHO CARE FOR

THEM WHO ARE TASKED WITH IMPROVING THEIR QUALITY OF CARE AND QUALITY

OF LIFE, BUT YET THERE ARE TREMENDOUS STAFF SHORTAGES IN HOMES ALL

AROUND THE STATE BECAUSE WE'RE NOT PROVIDING THE RESOURCES THEY NEED

TO HIRE MORE PEOPLE, TO PAY THEM A FAIR WAGE, AND IT JUST DOESN'T MAKE

ANY SENSE TO ME. WE ALL REMEMBER THE BE FAIR TO -- BE FAIR TO DIRECT

CARE CAMPAIGN A FEW YEARS AGO. I GUESS WE ALL FORGOT ABOUT THAT. AND

IT'S JUST CONTRADICTORY. WHAT DO OUR PRIORITIES SAY WHEN IN OUR NEXT

BUDGET BILL WE'RE GOING TO BE TAKING UP WE'RE TALKING ABOUT A $700

MILLION TAX CREDIT FOR HOLLYWOOD MILLIONAIRES? REALLY? WHEN OUR

MOST VULNERABLE CITIZENS AND THE DIRECT SUPPORT PROFESSIONALS WHO CARE

FOR THEM JUST WANT A LIVING WAGE SO THEY CAN STAY AND DO THAT JOB.

THOSE INDIVIDUALS ARE THE ONES THEY MEET ON A REGULAR BASIS EVERY DAY.

SOMETIMES THAT'S THE ONLY FAMILY MEMBER THOSE INDIVIDUALS WITH

DISABILITIES THEY SEE, ARE THOSE STAFF MEMBERS WHO ARE IN THOSE HOMES

EVERY DAY. THEY'RE THERE BECAUSE THEY CARE AND THEY WANT TO IMPROVE

THEIR QUALITY OF CARE AND LIFE. BUT YET, THIS BUDGET FAILS THEM

DRAMATICALLY. WE SHOULD ALL BE ASHAMED OF OURSELVES THAT THERE'S NOT

MORE IN THIS BUDGET TO HELP TAKE CARE OF THOSE MOST VULNERABLE CITIZENS,

THOSE INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES. AND WE COULD HAVE

DONE THAT IF WE GAVE THE DIRECT SUPPORT PROFESSIONALS WHO CARE FOR

THEM EACH AND EVERY DAY A LIVING WAGE.

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NYS ASSEMBLY MAY 1, 2023

I VOTE NO.

ACTING SPEAKER AUBRY: MR. PALMESANO IN THE

NEGATIVE.

MR. STECK TO EXPLAIN HIS VOTE.

MR. STECK: THANK YOU, MR. SPEAKER. I JOIN IN THE

REMARKS OF MY COLLEAGUE, THE CHAIR OF THE MENTAL HEALTH COMMITTEE.

AND ON THE SUBSTANCE ABUSE SIDE I WOULD JUST NOTE THAT OUR STAFF

WORKED VERY HARD TO TRY AND INFUSE THE 12 ADDICTION TREATMENT CENTERS

OPERATED BY THE STATE OF NEW YORK WITH MENTAL HEALTH SERVICES SO THAT

WE COULD MORE EFFECTIVELY TREAT THE BIGGEST PROBLEM IN THIS FIELD,

WHICH IS COOCCURRING MENTAL HEALTH AND SUBSTANCE ABUSE DISORDERS.

HOWEVER, THE GOVERNOR INFLEXIBLY WILL NOT HIRE ADDITIONAL STATE

WORKERS TO DO THAT JOB. AND UNFORTUNATELY, IN A LOT OF OUR NOT-FOR-

PROFITS THEY DON'T OFFER HIGH ENOUGH WAGES TO ATTRACT THE TYPE OF

PERSONNEL NEEDED TO DO THAT WORK.

SO, OBVIOUSLY OUR STAFF WORKED VERY HARD. THERE --

THERE'S MANY, MANY GOOD THINGS IN THIS BUDGET. I WILL BE VOTING FOR THIS

PARTICULAR PART OF THE BUDGET, BUT I DO CONCUR IN THE SENTIMENTS OF MY

COLLEAGUE THAT WE COULD DO MUCH BETTER.

ACTING SPEAKER AUBRY: MR. STECK IN THE

AFFIRMATIVE.

MS. SIMON TO EXPLAIN HER VOTE.

MS. SIMON: THANK YOU, MR. SPEAKER. I WANT TO

SHARE THAT I -- MY COMMENTS REFLECT THE SAME ISSUES THAT WERE RAISED BY

OUR MENTAL HEALTH CHAIR REGARDING THE -- THE RATES -- REGARDING THE

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NYS ASSEMBLY MAY 1, 2023

REIMBURSEMENT RATES NOT BEING ENOUGH. I KNOW THE NOT-FOR-PROFIT

NURSING HOME IN MY DISTRICT VERY, VERY MUCH NEEDS MORE THAN 6.5

PERCENT AND MORE THAN THE POSSIBILITY OF 7.5 PERCENT. AND ALSO, OUR

FAILURE TO PROVIDE SUFFICIENT RESOURCES TO PAY FOR THOSE PEOPLE WHO CARE

FOR OUR MOST VULNERABLE NEW YORKERS. AND I ALSO WANTED TO ADDRESS

THE COMMENTS THAT WERE MADE PREVIOUSLY ON THE FLOOR TO JUST REITERATE

AND MAKE VERY CLEAR THAT THE SCIENTIFIC CONSENSUS IS THAT MIFEPRISTONE

IS SAFE AND EFFECTIVE AND IT HAS BEEN FOR 23 YEARS. IT HAS FEWER SIDE

EFFECTS THAN EITHER TYLENOL OR VIAGRA.

THANK YOU. I'LL BE VOTING IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. SIMON IN THE

AFFIRMATIVE.

MS. KELLES TO EXPLAIN HER VOTE.

MS. KELLES: I JUST WANT TO ADD MY -- MY VOICE TO

COMMENTS THAT HAVE BEEN MADE ALREADY. I HAD A CONVERSATION TWO

NIGHTS AGO WITH AN EXECUTIVE DIRECTOR OF A MUNICIPAL NURSING HOME --

THERE'S ONLY 14 LEFT IN THE STATE -- AND SHE WAS PRACTICALLY IN TEARS

BECAUSE THEY WERE AT A NEGATIVE OF 18 MILLION LAST YEAR BECAUSE OF THE

MEDICAID REIMBURSEMENT RATES AND WERE JUST UNCLEAR TO THEM HOW THEY

WILL POSSIBLY SURVIVE WITHOUT A SUFFICIENT MEDICAID REIMBURSEMENT

RATE. AND I HAVE TO ADMIT, IT WAS VERY HEARTBREAKING. I, TOO, AM

HEARTBROKEN THAT WE HAVEN'T BEEN ABLE TO DO MORE. 6.5 IS NOWHERE NEAR

WHAT THEY NEEDED, NEITHER IS 7.5. I DO THINK THAT WE ARE GOING TO HAVE

TO REVISIT THIS, BECAUSE THE LAST THING WE WANT IS TO LOSE THE MUNICIPAL

NURSING HOMES THAT WE HAVE.

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NYS ASSEMBLY MAY 1, 2023

AND THE OTHER THING I WANTED TO JUST ADD MY VOICE TO

WOULD BE THE COLA, THE COST OF LIVING ADJUSTMENT. I HAVE HEARD SO

OFTEN, WELL, THERE IS A RAISE, THERE'S A 4 PERCENT RAISE. CAN WE PLEASE

ACKNOWLEDGE THAT A COST OF LIVING ADJUSTMENT IS NOT A RAISE, IT IS TO HOLD

THEM HARMLESS FROM GOING BACKWARDS, TO HAVING THE VALUE OF THEIR

WAGE BE LESS THAN IT WAS WORTH PRIOR TO INFLATION. WHAT WE

ACKNOWLEDGED IS THAT 8.5 PERCENT WOULD BE WHAT THEY WOULD BE NEED --

WHAT THEY WOULD HAVE NEEDED TO BE HELD HARMLESS. SO WE HAVE NOT

REACHED THAT. I RECOGNIZE THAT WE DON'T -- THIS BUDGET IS SOMETHING

WE'RE VOTING ON. I AM MOVING FORWARD WITH THE REST OF OUR BODY, BUT

THIS IS SOMETHING WE ARE ABSOLUTELY GOING TO HAVE TO CONTINUE TO

REVISIT. OUR WORKERS IN THIS STATE NEED OUR SUPPORT.

I WILL SUPPORT, BUT I -- I DO HOPE WE REVISIT THESE

IMPORTANT -- THESE IMPORTANT ISSUES.

THANK YOU.

ACTING SPEAKER AUBRY: MS. KELLES IN THE

AFFIRMATIVE.

MRS. PEOPLES-STOKES TO EXPLAIN HER VOTE.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER, FOR THE OPPORTUNITY TO EXPLAIN MY VOTE. I CERTAINLY DO

EMPATHIZE WITH THE CHAIR OF MENTAL HEALTH AND THOSE WHO SPOKE ABOUT

OUR INABILITY TO COME UP WITH SOME WAYS TO FAIRLY COMPENSATE THEM

FOR THE WORK THAT THEY DO EVERY DAY. BUT IT BROUGHT TO MIND A GOOD

FRIEND OF MINE WHO JUST RETIRED. HER NAME IS RHONDA FREDERICKS [SIC]

AND SHE WORKED AT PEOPLE INC. WHICH IS A FACILITY THAT DEALS WITH THE

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NYS ASSEMBLY MAY 1, 2023

DISABLED POPULATION AND FINDS HOUSING FOR THEM AND HEALTH CARE,

WHATEVER THEY NEED SHE WORKS IT OUT. AND I MENTIONED RHONDA

BECAUSE SHE STARTED OUT AS A HEALTH CARE WORKER AND SHE WORKED THERE

LONG ENOUGH TO BECOME THE CEO AND BUILD IT INTO A CORPORATION THAT'S

NOT AS DEPENDENT AS IT USED TO BE ON STRICTLY GOVERNMENT RESOURCES.

THEY BUILD HOUSING AND THEY'RE JUST DOING A PHENOMENAL JOB. AND I

DON'T BRING IT UP TO DIMINISH THE FACT THAT PEOPLE NEED TO BE PAID NOW,

BUT I DO BRING IT UP TO SAY THAT WE CAN GET BY THAT. RHONDA IS A GOOD

DEMONSTRATION OF THAT.

LAST THING I WANT TO SAY IS WE'VE BEEN WORKING AND

UNDERSTANDING WITH CLARITY HOW DETRIMENTAL LEAD IS TO PARTICULARLY

CHILDREN WHOSE NEUROLOGICAL SYSTEMS ARE NOT YET DEVELOPED. AT SOME

POINT WE REALLY HAVE TO DEAL WITH THAT. AND SHAME ON US. IT'S BEEN

SINCE 1943 THAT WE'VE KNOWN THIS WAS A PROBLEM. THIS IS STILL 2023,

2023. WE HAVE TO DO SOMETHING ABOUT LEAD POISONING. AND WHILE THIS

IS PROBABLY NOT THE PREFERRED METHOD, IT'S WORKED IN SOME OTHER PLACES.

AND BY THE WAY, I LIVE IN ONE OF THOSE COMMUNITIES OF CONCERN,

BECAUSE IN A PREVIOUS LIFE I HAD LEGISLATION INTRODUCED BY THEN-

ASSEMBLYMEMBER ARTHUR REED AND SENATOR VOLKER THAT REQUIRED THE

STATE TO KEEP A RECORD. WHERE DO THE CHILDREN LIVE WHO HAVE LEAD

POISONING? A LOT OF THEM LIVE IN MY DISTRICT. A LOT OF THEM LIVE IN AND

AROUND WESTERN, NEW YORK. AND I WOULD LIKE FOR IT TO BE FINALLY ONCE

AND FOR ALL CLEANED UP, GIVING CHILDREN AN OPPORTUNITY FOR A CLEAN BILL

OF HEALTH AND A DECENT EDUCATION. I'M HAPPY TO SUPPORT THIS BILL.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES

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NYS ASSEMBLY MAY 1, 2023

IN THE AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 14, RULES REPORT NO. 127, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A03009-C, RULES

REPORT NO. 127, BUDGET BILL. AN ACT TO AMEND THE TAX LAW, IN

RELATION TO PROVIDING THE AUTHORITY TO ABATE INTEREST FOR TAXPAYERS

IMPACTED BY DECLARED DISASTERS (PART A); TO AMEND THE TAX LAW, IN

RELATION TO CLARIFYING THE DEFINITION OF LIMITED PARTNER FOR THE PURPOSES

OF THE METROPOLITAN COMMUTER TRANSPORTATION MOBILITY TAX (PART B);

TO AMEND THE TAX LAW, IN RELATION TO MAKING THE INVESTMENT TAX CREDIT

REFUNDABLE FOR ELIGIBLE FARMERS FOR FIVE YEARS (PART C); TO AMEND THE

TAX LAW, IN RELATION TO THE EMPIRE STATE FILM PRODUCTION CREDIT AND

THE EMPIRE STATE FILM POST-PRODUCTION CREDIT (PART D); TO AMEND THE

TAX LAW, IN RELATION TO THE ABATEMENT OF PENALTIES FOR UNDERPAYMENT

OF ESTIMATED TAX BY A CORPORATION (PART E); TO AMEND THE ECONOMIC

DEVELOPMENT LAW, IN RELATION TO THE COVID-19 CAPITAL COSTS TAX

CREDIT PROGRAM (PART F); TO AMEND THE SOCIAL SERVICES LAW AND THE

TAX LAW, IN RELATION TO CREATING A TAX CREDIT FOR THE CREATION AND

EXPANSION OF CHILD CARE (PART G); TO AMEND THE TAX LAW AND THE

ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, IN RELATION TO A CREDIT

FOR CERTAIN BUSINESSES ENGAGED IN BIOTECHNOLOGIES (PART H); TO AMEND

THE TAX LAW, IN RELATION TO EXTENDING THE CURRENT CORPORATE TAX RATES

(SUBPART A); TO AMEND THE TAX LAW, IN RELATION TO EXTENDING THE

178

NYS ASSEMBLY MAY 1, 2023

REHABILITATION OF HISTORIC PROPERTIES TAX CREDIT (SUBPART B); TO AMEND

THE TAX LAW, IN RELATION TO EXTENDING THE EMPIRE STATE COMMERCIAL

PRODUCTION TAX CREDIT FOR FIVE YEARS (SUBPART C); TO AMEND THE TAX

LAW, IN RELATION TO EXTENDING PROVISIONS OF LAW RELATING TO THE GRADE

NO. 6 HEATING OIL CONVERSION TAX CREDIT (SUBPART D); TO AMEND

SUBPART B OF PART PP OF CHAPTER 59 OF THE LAWS OF 2021 AMENDING THE

TAX LAW AND THE STATE FINANCE LAW RELATING TO ESTABLISHING THE NEW

YORK CITY MUSICAL AND THEATRICAL PRODUCTION TAX CREDIT AND

ESTABLISHING THE NEW YORK STATE COUNCIL ON THE ARTS CULTURAL PROGRAM

FUND, IN RELATION TO THE EFFECTIVENESS THEREOF; AND TO AMEND THE TAX

LAW, IN RELATION TO THE NEW YORK CITY MUSICAL AND THEATRICAL

PRODUCTION TAX CREDIT (SUBPART E)(PART I); TO AMEND THE TAX LAW, IN

RELATION TO MAKING TECHNICAL CORRECTIONS TO THE CREDIT FOR COMPANIES

WHO PROVIDE TRANSPORTATION TO INDIVIDUALS WITH DISABILITIES (SUBPART

A); TO AMEND THE TAX LAW, IN RELATION TO ELIGIBILITY FOR THE BROWNFIELD

REDEVELOPMENT TAX CREDIT (SUBPART B); TO AMEND THE TAX LAW, IN

RELATION TO THE PASS-THROUGH ENTITY TAX AND CITY PASS-THROUGH ENTITY TAX

AND MAKING TECHNICAL CORRECTIONS THERETO (SUBPART C) (PART J); TO

AMEND THE REAL PROPERTY TAX LAW, IN RELATION TO SIMPLIFYING CERTAIN

SENIOR CITIZENS REAL PROPERTY TAX EXEMPTIONS (PART K); TO AMEND

CHAPTER 540 OF THE LAWS OF 1992, AMENDING THE REAL PROPERTY TAX

LAW RELATING TO OIL AND GAS CHARGES, IN RELATION TO THE EFFECTIVENESS

THEREOF (PART L); INTENTIONALLY OMITTED (PART M); TO AMEND THE REAL

PROPERTY TAX LAW AND THE STATE ADMINISTRATIVE PROCEDURE ACT, IN

RELATION TO CLARIFYING THE SOLAR OR WIND ENERGY SYSTEM APPRAISAL MODEL

179

NYS ASSEMBLY MAY 1, 2023

(PART N); INTENTIONALLY OMITTED (PART O); TO REPEAL CERTAIN PROVISIONS OF

THE TAX LAW, RELATING TO ELIMINATING CONGESTION SURCHARGE REGISTRATION

REQUIREMENTS (PART P); TO AMEND THE TAX LAW, IN RELATION TO THE

PAYMENT OF TAX ON INCREASED QUANTITIES OF MOTOR FUEL AND DIESEL MOTOR

FUEL ON WHICH THE TAXES PURSUANT TO ARTICLES 12-A, 13-A AND 28 WERE

NOT PREVIOUSLY PAID (PART Q); TO AMEND THE TAX LAW, IN RELATION TO

EXTENDING THE SALES TAX EXEMPTION FOR CERTAIN SALES MADE THROUGH

VENDING MACHINES (PART R); TO AMEND THE TAX LAW, IN RELATION TO AN

INCREASE IN THE RATE OF TAX ON CIGARETTES (PART S); TO AMEND THE TAX

LAW, IN RELATION TO THE REVOCATION OF CERTAIN CERTIFICATES AND CIVIL

PENALTIES FOR REFUSAL OF A CIGARETTE AND TOBACCO INSPECTION (PART T); TO

AMEND THE TAX LAW AND THE ADMINISTRATIVE CODE OF THE CITY OF NEW

YORK, IN RELATION TO EXTENDING THE TAX RATE REDUCTION UNDER THE NEW

YORK STATE REAL ESTATE TRANSFER TAX AND THE NEW YORK CITY REAL

PROPERTY TRANSFER TAX FOR CONVEYANCES OF REAL PROPERTY TO EXISTING REAL

ESTATE INVESTMENT FUNDS (PART U); TO AMEND THE TAX LAW, IN RELATION TO

PERMITTING THE COMMISSIONER OF TAXATION AND FINANCE TO SEEK JUDICIAL

REVIEW OF DECISIONS OF THE TAX APPEALS TRIBUNAL (PART V); TO AMEND THE

STATE FINANCE LAW, IN RELATION TO CLARIFYING THE DEPOSIT TIMEFRAME FOR

MONEYS DEPOSITED BY THE COMMISSIONER OF TAXATION AND FINANCE (PART

W); TO AMEND THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW

AND THE TAX LAW, IN RELATION TO REQUIRING THE NEW YORK RACING

ASSOCIATION, INC. TO ENTER INTO A REPAYMENT AGREEMENT WITH THE STATE OF

NEW YORK FOR THE REPAYMENT OF FUNDS PROVIDED BY THE STATE FOR THE

RENOVATION OF BELMONT PARK RACETRACK; AND IN RELATION TO THE

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NYS ASSEMBLY MAY 1, 2023

MEMBERSHIP OF THE FRANCHISE OVERSIGHT BOARD (PART X); INTENTIONALLY

OMITTED (PART Y); INTENTIONALLY OMITTED (PART Z); INTENTIONALLY OMITTED

(PART AA); TO AMEND THE RACING, PARI-MUTUEL WAGERING AND BREEDING

LAW, IN RELATION TO LICENSES FOR SIMULCAST FACILITIES, SUMS RELATING TO

TRACK SIMULCAST, SIMULCAST OF OUT-OF-STATE THOROUGHBRED RACES,

SIMULCASTING OF RACES RUN BY OUT-OF-STATE HARNESS TRACKS AND

DISTRIBUTIONS OF WAGERS; TO AMEND CHAPTER 281 OF THE LAWS OF 1994

AMENDING THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW AND

OTHER LAWS RELATING TO SIMULCASTING; TO AMEND CHAPTER 346 OF THE LAWS

OF 1990 AMENDING THE RACING, PARI-MUTUEL WAGERING AND BREEDING

LAW AND OTHER LAWS RELATING TO SIMULCASTING AND THE IMPOSITION OF

CERTAIN TAXES, IN RELATION TO EXTENDING CERTAIN PROVISIONS THEREOF; AND

TO AMEND THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW, IN

RELATION TO EXTENDING CERTAIN PROVISIONS THEREOF (PART BB);

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

RELATION TO THE LIABILITY OF A PERSON WHO PRESENTS FALSE CLAIMS FOR

MONEY OR PROPERTY TO THE STATE OR A LOCAL GOVERNMENT (PART DD); TO

REPEAL SUBPARAGRAPH 9 OF PARAGRAPH (E) OF SUBDIVISION 1 OF SECTION

210-B OF THE TAX LAW RELATING TO THE TRANSFERABILITY OF THE INVESTMENT

TAX CREDIT (PART EE); TO AMEND THE TAX LAW, IN RELATION TO THE AMOUNT

OF CREDIT FOR CIDER, WINE, AND LIQUOR UNDER THE ALCOHOLIC BEVERAGE

PRODUCTION CREDIT (PART FF); AND TO AMEND THE TAX LAW, IN RELATION TO

ESTABLISHING A PERMANENT RATE FOR THE METROPOLITAN TRANSPORTATION

BUSINESS TAX SURCHARGE (PART GG).

ACTING SPEAKER AUBRY: GOVERNOR'S MESSAGE

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NYS ASSEMBLY MAY 1, 2023

IS AT THE DESK, THE CLERK WILL READ.

THE CLERK: I HEREBY CERTIFY TO AN IMMEDIATE VOTE,

KATHY HOCHUL, GOVERNOR.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MS. WEINSTEIN.

MS. WEINSTEIN: THANK YOU, MR. SPEAKER. SO THIS

IS A -- A REVENUE BILL. A BILL WOULD ENACT MAJOR PIECES OF LEGISLATION

THAT ARE REQUIRED TO IMPLEMENT THE REVENUE PROPOSALS THAT ARE

NECESSARY TO ENSURE A VALID STATE BUDGET. THE BILL WOULD -- THIS BILL

WOULD REDUCE STATE REVENUES IN FISCAL YEAR '23-'24 BY 34 MILLION IN THE

OUT-YEARS. REVENUE WOULD INCREASE BY 714 MILLION IN FISCAL YEAR

'24-'25, 905 MILLION IN FISCAL YEAR '25-'26, 455 MILLION IN FISCAL YEAR

'26-'27 AND THEN IN '27-'28 WHEN THE REVENUES WOULD BE REDUCED BY

$445 MILLION. AND I'M HAPPY LATER TO ANSWER SOME QUESTIONS. LET ME

JUST BRIEFLY SAY THAT THIS BILL INCLUDES LANGUAGE TO EXTEND AND ENHANCE

THE FILM TAX CREDIT BY PROVIDING ADDITIONAL INCENTIVES FOR UPSTATE

PRODUCTION --

ACTING SPEAKER AUBRY: SHH.

MS. WEINSTEIN: EXTEND CURRENT CORPORATE

FRANCHISE TAX RATES, INCREASE THE STATE EXCISE TAX ON CIGARETTES, PROVIDES

A FULLY REFUNDABLE INVESTMENT TAX CREDIT FOR ELIGIBLE FARMERS, EXTENDS

AND EXPANDS THE CURRENT NEW YORK CITY MUSICAL AND THEATRICAL

PRODUCTIONS CREDIT TO OFF-BROADWAY PRODUCTIONS AND THE LAST MAJOR

PROVISION EXTENDS THE CURRENT REHABILITATION OF HISTORIC PROPERTIES TAX

CREDIT.

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ACTING SPEAKER AUBRY: MR. RA.

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

WEINSTEIN YIELD?

ACTING SPEAKER AUBRY: AND MEMBERS, MS.

WEINSTEIN AND MR. RA HAVE BEEN STANDING AND TALKING ALL AFTERNOON,

AND IF YOU HAVE NO REASON TO BE IN THE CHAMBER BECAUSE ALL YOU WANT

TO DO IS TALK, I'D ASK YOU TO GO OUTSIDE OR SIT DOWN AND BE QUIET OR SIT

DOWN, SIR AND BE QUIET. PLEASE. YOU CAN TAKE THAT OUTSIDE. HE WON'T

GO ANYWHERE.

MR. RA.

MR. RA: THANK YOU, MR. SPEAKER. AND ON THAT

NOTE, THANK YOU TO THE CHAIR FOR YOUR -- YOUR STAMINA ALREADY TODAY AND

ANSWERING QUESTIONS ON NOW OUR FOURTH BUDGET BILL. SO I JUST WANT TO

GO THROUGH -- AND I THANK YOU. THAT SUMMARY YOU GAVE AT THE OUTSET IN

TERMS OF THE FISCAL -- OVERALL FISCAL IMPACT OF THIS BILL. SO JUST STARTING

THERE QUICKLY. SO THAT INCLUDES ALL OF THE PIECES WITHIN THIS BILL ITSELF,

CORRECT? ARE THERE OTHER REVENUE ACTIONS OUTSIDE OF THIS BILL?

MS. WEINSTEIN: YES, YOU ARE CORRECT.

MR. RA: OKAY. SO THAT WOULD BE, LIKE FOR INSTANCE,

THE MTA REVENUE ACTIONS ARE OUTSIDE OF THIS PARTICULAR BILL?

MS. WEINSTEIN: CORRECT. WE'D BE DEALING WITH

THAT TOMORROW.

MR. RA: AND THAT'S COMING IN THE TED BILL?

MS. WEINSTEIN: YES.

MR. RA: OKAY, THANK YOU. SO JUST TO GO THROUGH

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NYS ASSEMBLY MAY 1, 2023

SOME OF THE PROVISIONS AND I'LL -- I'LL GET BACK TO -- ACTUALLY, LET ME START

THERE SINCE IT VERY MUCH RELATES HERE. SO, THE TEMPORARY BUSINESS TAX

INCREASE. SO YOU WENT THROUGH THE OUT-YEAR REVENUE NUMBERS AND

OBVIOUSLY WE GO FROM A REDUCTION TO AN INCREASE THAT GETS AS HIGH AS

905 MILLION AND THEN, YOU KNOW, FOUR, FIVE YEARS DOWN THE ROAD WE'RE

AT A DECREASE. NOW THAT WOULD BE AS A RESULT OF THIS TEMPORARY

BUSINESS TAX THAT WE ARE EXTENDING IN THIS BILL ULTIMATELY SUNSETTING

DOWN THE ROAD?

MS. WEINSTEIN: YES. THIS IS THE -- THE TEMPORARY

EXTENSION RUNS THROUGH TAX YEAR 2026. SO THAT'S WHY AT THAT POINT IT

WOULD SUNSET AND THAT'S WHY THERE WOULD THEN BE A REDUCTION IN

REVENUE.

MR. RA: I WOULD JUST NOTE, AS YOU ARE AWARE, THIS

WAS INTENDED TO BE TEMPORARY BUT TAX -- TAX INCREASES IN NEW YORK

STATE DON'T SEEM TO EVER TRULY BE TEMPORARY. THEY'RE EXTENDED WITH

REGULARITY. SO I GUESS WE'LL SEE AS WE GET DOWN THE ROAD WHERE WE ARE

IN TERMS OF OUR FISCAL PICTURE. SO I WOULD HOPE MAYBE IT WOULD LAPSE

AND GO BACK TO THE PREVIOUS PERCENTAGE, BUT I'M NOT SO SURE THAT WILL

ULTIMATELY HAPPEN BUT...

MS. WEINSTEIN: THIS WAS, AS YOU'RE AWARE, THE

EXECUTIVE'S PROPOSAL --

MR. RA: YES.

MS. WEINSTEIN: -- THAT WE ACCEPTED.

MR. RA: WELL -- WELL NOTED. THIS WAS THE

EXECUTIVE'S PROPOSAL TO EXTEND THIS, BUT WE DO REGULARLY, YOU KNOW,

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NYS ASSEMBLY MAY 1, 2023

EXTEND TEMPORARY TAX INCREASES. YOU KNOW, NOW I NOTED I THINK LAST

WEEK ON SOME OF OUR EXTENDERS THAT, YOU KNOW, THE HIGH COST OF DOING

BUSINESS IN OUR STATE IS -- IS AN ISSUE. WE'RE SEEING OUTMIGRATION,

WE'RE SEEING BUSINESSES LEAVE, SO, YOU KNOW, OVERALL WITH REGARDS TO

THESE REVENUE PROVISIONS, IS THERE ANYTHING IN THIS PARTICULAR BILL THAT

DOES PROVIDE RELIEF TO OUR MIDDLE-CLASS TAXPAYERS IN NEW YORK?

MS. WEINSTEIN: ONE OF THE THINGS I'M VERY

PARTICULARLY HAPPY ABOUT IS THAT, NOT IN THIS BILL BUT IT WILL BE IN THE

ELFA BILL TOMORROW, IS THE PROPOSAL TO EXPAND THE CHILD TAX CREDIT IN

THE FUTURE TO FAMILIES WITH CHILDREN UNDER THE AGE OF FOUR, WHICH IS

APPROXIMATELY JUST UNDER $180 MILLION BEGINNING IN FISCAL YEAR 2025.

MR. RA: WELL, THANK YOU. WE'LL LOOK FORWARD TO

LOOKING AT THAT IN PARTICULAR. SO YOU GAVE THE KIND OF NET FIGURES IN

REVENUE, BUT DO YOU, YOU KNOW, HAVING BEEN HERE SOME TIME, WE'VE

SEEN KIND OF A PATTERN, RIGHT? SO A FEW YEARS BACK NO ELECTION COMING,

NONE OF US WERE STANDING FOR ELECTION IN THE STATEWIDE, OFFICIALS WERE

STANDING FOR ELECTION, THE ENACTED BUDGET TENDS TO CONTAIN TAX INCREASES

AND WE GO INTO ELECTION YEAR. WE DO SOME MAYBE ONE-SHOT REDUCTIONS.

SO TWO YEARS AGO THE ENACTED BUDGET INCLUDED $8.1 BILLION IN TAX

INCREASES. TWO YEARS BEFORE THAT IT WAS $5.8 BILLION IN TAX INCREASES.

SO YOU GAVE ME THE NET REALLY REVENUE PICTURE, BUT DO YOU HAVE A

NUMBER IN TERMS OF WHAT THE TWO-YEAR TAX INCREASE IN THIS BUDGET IS?

MS. WEINSTEIN: THE ONLY CHANGE IS THE -- AS WE

JUST WERE DISCUSSING THE EXTENSION OF THE CORPORATE -- OF THE ARTICLE 9A

TAX RATE.

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NYS ASSEMBLY MAY 1, 2023

MR. RA: OKAY, THANK YOU. AND I MEAN, AS WE

DISCUSSED PRIOR, YOU KNOW, THE COMPTROLLER RECENTLY REPORTED THAT OUR

TAX RECEIPTS EXCEEDED EXPECTATIONS FOR THE FISCAL YEAR 2023 BY ALMOST

$3 BILLION. SO REALLY I GUESS MY QUESTION IS, WHAT IS THE NEED TO BE

CONTINUING THESE TAX INCREASES ON -- ON NEW YORK BUSINESSES WHEN WE

KNOW THAT WE HAVE A ECONOMIC CLIMATE THAT IS NOT HOSPITABLE TO

BUSINESSES?

MS. WEINSTEIN: WELL, I WOULD SAY FIRST OF ALL THAT

THE COMPTROLLER'S NUMBER'S A LITTLE DECEPTIVE BECAUSE OF THE

TWO-YEAR -- YOU HAVE TO REALLY LOOK AT A TWO-YEAR WINDOW WHEN YOU'RE

-- BECAUSE OF THE -- THE PTET CREDIT THAT TAXPAYERS WERE RECEIVING THAT

NOW IS WHERE THE REVENUES GO DOWN ONE YEAR, THEN WE HAVE TO GIVE THE

CREDIT THE FOLLOWING YEAR. SO WE'LL BE GIVING CREDIT THIS YEAR SO THAT

NUMBER WILL -- WILL BE REDUCED.

MR. RA: OKAY. IN TERMS OF SOME OF THE OTHER TAX

PROVISIONS WITHIN THIS BILL. SO, IT CAME UP EARLIER, I'M SURE OTHERS HAVE

SOMETHING TO SAY ABOUT IT, BUT THE EMPIRE STATE FILM TAX CREDIT. SO

CAN YOU, NUMBER ONE, JUST EXPLAIN THE CHANGES THAT ARE BEING MADE TO

THAT PROGRAM THAT WE -- I THINK MOST OF US ARE FAMILIAR WITH, IT'S BEEN

AROUND A NUMBER OF YEARS, BUT BOTH IN TERMS OF THE INCREASE IN THE

ALLOCATION AND OTHER CHANGES IN TERMS OF ELIGIBILITY FOR PRODUCTIONS.

MS. WEINSTEIN: SO WE ARE INCREASING THE ANNUAL

AGGREGATE CAP FROM 420 MILLION TO 700 MILLION BEGINNING IN 2024. WE

INCREASED THE ANNUAL POST-PRODUCTION CREDIT FROM 25 MILLION TO 45

MILLION BEGINNING IN 20 -- 2024. WE INCREASED THE CREDIT FROM 25

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NYS ASSEMBLY MAY 1, 2023

PERCENT TO 30 PERCENT OF QUALIFIED EXPENSES WHICH IS WHERE IT WAS PRIOR

TO 2019. AND WE INCLUDE ABOVE THE LINE SALARIES OF WRITERS, DIRECTORS

AND OTHER SUCH PROFESSIONALS IN THE CALCULATION OF THE CREDIT. THEN

THERE ARE -- THAT'S THE -- THE (INAUDIBLE) PROGRAM THERE ARE

IMPROVEMENTS TO THE UPSTATE PROGRAM.

MR. RA: OKAY. NOW SO --

MS. WEINSTEIN: LET ME JUST SAY -- FOR EXAMPLE, I

JUST WANT TO SAY THAT RIGHT NOW UPSTATE AND THE CURRENT PROGRAM THERE'S

A $5 MILLION ANNUAL AGGREGATE CAP AND WE REMOVED THAT CAP TOTALLY.

MR. RA: OKAY, THANK YOU. SO IN -- IN ADDITION TO

THAT, WITH THESE NEW PROVISIONS, HOW FAR OUT ARE WE EXTENDING THIS

PROGRAM? WHAT YEAR WOULD THE PROGRAM EXPIRE UNDER THIS BUDGET?

MS. WEINSTEIN: 2034, A FIVE-YEAR EXTENSION.

MR. RA: OKAY. SO IS THERE A PARTICULAR REASON WHY

WE'RE EXTENDING OUT THAT FAR? I MEAN I -- I DON'T KNOW OF REALLY

ANYTHING ELSE THAT WE HAVE IN STATE LAW THAT HAS SUNSETS THAT GOES OUT

QUITE THAT FAR TO, YOU KNOW, WHAT IS STILL OVER A DECADE AWAY FROM NOW.

MS. WEINSTEIN: WELL, IT'S A FIVE-YEAR EXTENSION TO

WHERE WE ARE TODAY SO IT'S -- IT'S TO ALLOW THE PRODUCTION COMPANIES TO

HAVE SOME CERTAINTY AS THEY MAKE THEIR PLANS WHERE TO FILM.

MR. RA: OKAY. IN -- IN THE PROCESS OF MAKING THESE

DETERMINATIONS IN TERMS OF EXTENDING THE MONEY AND -- AND -- AND THE

PERCENTAGES AND ALL OF THESE THINGS, DO YOU KNOW OF ANY FISCAL ANALYSIS

THAT HAS BEEN MADE OF THIS PROGRAM IN TERMS OF WHAT THE COST PER JOB

CREATED HAS BEEN?

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NYS ASSEMBLY MAY 1, 2023

MS. WEINSTEIN: WELL, I WOULD SAY THAT IN 2022

THE EMPIRE STATE DEVELOPMENT REPORT SHOWED THAT IN 180

ENTERTAINMENT INDUSTRY PRODUCTION PROJECTS THAT PARTICIPATED IN FOUR TAX

CREDIT PROGRAMS THEY WERE ISSUED A COMBINED 490.7 MILLION TAX CREDIT

AND THAT RESULTED IN APPROXIMATELY 2.2 BILLION IN INDUSTRY SPEND-BACK

IN THE NEW YORK ECONOMY.

MR. RA: NOW DO WE KNOW HOW ANY OF THOSE

NUMBERS RELATE TO ANY OF OUR NEIGHBORING STATES? I MEAN HOW DOES THIS

CREDIT -- THIS EXPANDED CREDIT COMPARE TO OUR NEIGHBORING STATES THAT

WE ARE COMPETING WITH FOR THESE PRODUCTIONS IN THEORY? AND HOW IS

THOSE ANALYSIS AND COST-BENEFIT NUMBERS COMPARE WITH THE NEIGHBORING

STATES?

MS. WEINSTEIN: WELL, WE ARE TRYING TO KEEP PACE

WITH OUR NEIGHBORING STATES. CONNECTICUT DOESN'T HAVE A CAP AT ALL AND

NEW JERSEY INCLUDES A LOT MORE ABOVE-THE-LINE PAYMENTS SO WE -- THAT

IS PART OF THE RATIONALE, REALLY THE MAJORITY OF THE RATIONALE FOR THE --

INCREASING THE CAP IS TO KEEP NEW YORK COMPETITIVE.

MR. RA: OKAY. AND IS -- IS THERE ANY TYPE OF

LIFETIME CAP ON THIS IN TERMS OF DOLLARS OR YEARS FOR A PARTICULAR

PRODUCTION? YOU KNOW, WE -- I THINK IN THEORY WE -- WE ALL WANT TO

TALK ABOUT, YOU KNOW, THOSE SMALLER PRODUCTIONS OR THINGS WE'RE

BRINGING HERE AND JOBS AND ALL OF THAT, BUT THEN WE HAVE, YOU KNOW,

THE TONIGHT SHOW THAT'S OBVIOUSLY BEEN HERE FOR DECADES, WE HAVE

SATURDAY NIGHT LIVE WHICH HAS OPENED EVERY SHOW WITH LIVE FROM

NEW YORK FOR OVER 50 YEARS AT THIS POINT AND THEY'RE GETTING HUNDREDS

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NYS ASSEMBLY MAY 1, 2023

OF MILLIONS OF DOLLARS FROM THIS PROGRAM. SO IS THERE ANY TYPE OF CAP

FOR THOSE TYPE OF PRODUCTIONS THAT WE KNOW ARE NOT GOING ANYWHERE?

MS. WEINSTEIN: THERE IS -- THERE IS NO LIFETIME

CAP. I WILL TELL YOU FROM HAVING VISITED FACILITIES IN THE STUDIOS IN

BROOKLYN THAT HAS DRAMATICALLY INCREASED THE NUMBER OF JOBS AND THE

LOCAL IMPACT OF PEOPLE WORKING IN THE FILM INDUSTRY.

MR. RA: WELL, I DON'T THINK GENERALLY, YOU KNOW,

ANY OF US OR MANY OF US OBJECT TO, YOU KNOW, THOSE PRODUCTIONS THAT

WE WERE BRINGING HERE AND WE'RE PUTTING LOCAL PEOPLE TO WORK ON THE

PRODUCTIONS AND WE'RE ALLOWING LOCAL CATERERS TO FEED THE CREW AND ALL

THAT TYPE OF STUFF BUT IT'S THOSE TYPE OF ONES THAT I THINK WHEN WE TALK

ABOUT SOME OF THE ISSUES THAT WERE LEFT OUT IN THE PREVIOUS BILL AND THAT

WE WILL FIND NOT THERE IN OTHER BILLS THAT -- THAT CAUSES THE FRUSTRATION OF

-- OF PEOPLE WITHIN THIS LEGISLATURE AS WELL AS OUR CONSTITUENTS, BUT I

WILL -- I'LL MOVE ON TO A COUPLE OF THE OTHER PROVISIONS. THE CIGARETTE

TAX INCREASE.

MS. WEINSTEIN: YES.

MR. RA: STATE EXCISE TAX ON CIGARETTES WILL BE

INCREASED BY A DOLLAR, WHICH BRINGS IT UP TO A TOTAL RATE OF $5.35 CENTS

FOR EACH PACK OF CIGARETTES. THIS MAKES NEW YORK STATE ONE OF -- ONE

OF THE STATES WITH THE HIGHEST TAX ON CIGARETTES. THE MAIN REASON FOR

THE HIGH TAX ON CIGARETTES IS TO REDUCE SMOKING. AND I MEAN CERTAINLY

I AGREE WITH GETTING PEOPLE NOT TO SMOKE BUT IT REALLY CREATES TWO

ISSUES. NUMBER ONE, CIGARETTE TAXES TEND TO BE REGRESSIVE. AND

NUMBER TWO, WE HAVE A TREMENDOUS BLACK MARKET WITH REGARD TO

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CIGARETTES. SO DO YOU KNOW ANYTHING WITH REGARD TO THIS PROPOSAL OR

ANY ANALYSIS THAT'S BEEN DONE OR CONVERSATIONS THAT HAVE BEEN HAD WITH

THE DEPARTMENT OF TAX AND FINANCE ON WHAT METHODS THEY'RE GOING TO

TAKE TO REDUCE THE VOLUME OF ILLEGAL CIGARETTE SALES AND CIGARETTES THAT

ARE SMUGGLED INTO THIS STATE?

MS. WEINSTEIN: WELL, THERE ARE PROVISIONS IN -- IN

THIS BILL TO IMPROVE ENFORCEMENT OF THE TAXATION PROVISIONS FOR -- IN

TERMS OF IMPOSING CIVIL PENALTIES FOR UNLICENSED RETAILERS THAT REFUSE

INSPECTION AND ALSO FOR LICENSED RETAILERS THAT REFUSE AN INSPECTION.

MR. RA: OKAY, THANK YOU. I THINK IT'S IMPORTANT

THAT, YOU KNOW, WE -- WE RECOGNIZE THAT THAT IS A TREMENDOUS PROBLEM

WITHIN OUR STATE AND WE TAKE APPROPRIATE ACTION WITH THAT REGARD,

ESPECIALLY WITH A INCREASE THAT'S ONLY GOING TO EXACERBATE THAT PROBLEM.

ACTING SPEAKER AUBRY: SECOND TIME, MR. RA.

MR. RA: THANK YOU, MR. SPEAKER. SO MOVING ON.

THERE'S A PROVISION REGARDING THE SOLAR AND WIND EVALUATION MODEL IN

THIS AND IN PARTICULAR HOW THAT WOULD INTERACT WITH OUR STATE

ADMINISTRATIVE ACT. SO IN THE 2021 ENACTED BUDGET, TAX AND FINANCE

WAS TASKED WITH DEVELOPING A STANDARD METHODOLOGY FOR ASSESSING

SOLAR AND WIND PROJECTS ABOVE ONE MEGAWATT. THE MODEL IS TO BE

ANNUALLY UPDATED AND BE USED BY ASSESSORS ACROSS THE STATE. AS YOU

MAY BE AWARE LAST YEAR SEVERAL TOWNS BROUGHT A LAWSUIT AGAINST THE

DEPARTMENT FOR VIOLATING THE PROVISIONS OF THE STATE ADMINISTRATIVE

ACT THAT REQUIRED NOTICE OF PROPOSAL MAKING PUBLIC COMMENT. THIS

ENACTED BUDGET WOULD EXEMPT THE REQUIREMENTS OF PROVIDING NOTICE OF

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NYS ASSEMBLY MAY 1, 2023

PUBLIC COMMENT, CORRECT?

MS. WEINSTEIN: YES. THIS PROPOSAL WOULD CLARIFY

THAT THE ADOPTION OF THE SOLAR WIND ENERGY SYSTEM APPRAISAL MODEL IS

NOT SUBJECT TO THE STATE ADMINISTRATIVE PROCEDURE ACT.

MR. RA: OKAY. DO YOU KNOW WHAT THE CURRENT

STATUS OF THAT -- OF THAT LAWSUIT IS THAT WAS BROUGHT BY THE TOWNS

REGARDING THIS? I BELIEVE THE DEPARTMENT WAS PREVIOUSLY ENJOINED FROM

ENFORCING OR MOVING FORWARD WITH THEIR MODEL BECAUSE OF A FAILURE TO

FOLLOW THE STATE ADMINISTRATIVE ACT.

MS. WEINSTEIN: MY UNDERSTANDING IS THAT LAWSUIT

IS STILL PENDING.

MR. RA: OKAY. IS IT YOUR BELIEF THAT THIS LANGUAGE

WOULD THEN ESSENTIALLY NEGATE THAT LAWSUIT FOR THOSE MUNICIPALITIES?

MS. WEINSTEIN: YES, YES. THAT -- THAT IS THE

INTENT OF THIS LANGUAGE.

MR. RA: OKAY. AND DO YOU KNOW OF ANY

CONVERSATIONS EITHER THE MAJORITIES HAVE HAD OR THE EXECUTIVE HAS HAD

WITH LOCAL GOVERNMENT ON HOW THIS STANDARD METHODOLOGY OF ASSESSING

COULD NEGATIVELY IMPACT, YOU KNOW, THEIR MUNICIPALITIES AND THEIR --

AND THEIR PILOT PAYMENTS?

MS. WEINSTEIN: SO MY UNDERSTANDING IS IS THAT IN

DEVELOPING THE MODEL THERE WAS CONSULTATION WITH THE LOCAL ASSESSORS.

THE TAX DEPARTMENT CONSULTED WITH THE VARIOUS GROUPS DURING THE

PUBLIC COMMENT PERIOD.

MR. RA: THANK YOU. ONE LAST THING I WANTED TO ASK

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NYS ASSEMBLY MAY 1, 2023

ABOUT. THE GAMING PROVISIONS, IN PARTICULAR THE CLOSURE OF CATSKILL

OFF-TRACK BETTING. THE GOVERNOR'S PROPOSAL AUTHORIZED THE CLOSURE OF

CATSKILL OTB CORPORATION UPON THE SATISFACTION OF ALL OUTSTANDING

DEBTS AND OBLIGATIONS. THE STATE GAMING COMMISSION EXECUTIVE

DIRECTOR EXPRESSED SERIOUS CONCERNS ABOUT A LACK OF A VIABLE BUSINESS

OF THAT CATSKILL OTB. SO FIRST OFF, DOES THIS BUDGET PROVIDE FOR THAT

CLOSURE OF CATSKILL OTB?

MS. WEINSTEIN: NO, IT DOES NOT.

MR. RA: AND DOES THIS BUDGET MAKE ANY CHANGES

CONCERNING CATSKILL OTB CORPORATION?

MS. WEINSTEIN: THE -- WE MODIFIED THE

GOVERNOR'S PROPOSAL TO EXTEND SIMILAR AUTHORIZATION FOR BOTH CAPITAL

AND CATSKILL OFF-TRACK BETTING CORP. AND TO INCLUDE ADDITIONAL

OVERSIGHT PROVISIONS TO ENSURE THAT SURCHARGE MONIES ARE BEING

DISBURSED PROPERLY.

MR. RA: AND ARE THERE ANY ACTIONS IN THIS BUDGET

WITH RELATION TO ANY OTHER OTB CORPORATIONS IN THE STATE?

MS. WEINSTEIN: YES. THE -- WOULD YOU LIKE ME

TO...

MR. RA: IF YOU COULD.

MS. WEINSTEIN: THE WESTERN -- WESTERN NEW

YORK OTB.

MR. RA: AND WHAT ARE THOSE CHANGES?

MS. WEINSTEIN: I THINK WE'RE GOING TO HAVE TO

WAIT UNTIL TOMORROW BECAUSE IT'S NOT IN THIS BILL, BUT THOSE PROVISIONS

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NYS ASSEMBLY MAY 1, 2023

ON -- REGARDING THE WESTERN NEW YORK OTB WILL BE IN THE ELFA BILL

THAT WE CAN DISCUSS TOMORROW.

MR. RA: OKAY. WE WILL ANXIOUSLY AWAIT THAT AND

MAYBE I'LL TAKE SOME OPPORTUNITIES TO DISCUSS WITH MY WESTERN NEW

YORK COLLEAGUES. THANK YOU, MADAM CHAIR.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. RA: SO, YOU KNOW, I'D BE REMISS IF I DIDN'T

MENTION WITH REGARD TO THIS PARTICULAR BILL BECAUSE THIS IS THE REVENUE

BILL. THERE HAVE BEEN YEARS THAT, YOU KNOW, THIS HAS BEEN, YOU KNOW,

A BIG UGLY SO-TO-SPEAK. SO THE GOOD THING IS THERE ARE REVENUE ACTIONS

WITHIN THIS AND NOT OTHER THINGS IN IT, BUT I JUST WANT TO AGAIN MENTION

THAT WE'VE TALKED A LOT ABOUT, ON OUR SIDE OF THE AISLE, THE COST OF LIVING

IN THIS STATE, THE COST OF DOING BUSINESS IN THIS STATE, THE IMPACT IT'S

HAVING ON OUR POPULATION, THE IMPACT IT'S HAVING ON OUR BUSINESSES. AT

THE END OF THE DAY WHEN THIS BUDGET IS COMPLETE, $229 BILLION AND YET

YOU'RE GOING TO MAKE A LOT OF PEOPLE HAPPY WITH $229 BILLION. THERE'S

A LOT OF GREAT THINGS GOING ON. BUT THERE'S ALSO THE CONCERN ABOUT

WHERE WE GO FROM HERE AND WHETHER OR NOT OUR RECURRING REVENUES ARE

MATCHING OUR RECURRING SPENDING, WHETHER OR NOT WE ARE GOING TO BE

ABLE TO KEEP THIS UP FOR YEARS AND YEARS TO COME, WHICH IS WHY I VERY

MUCH LOOK FORWARD TO HAVING A FINANCIAL PLAN TO LOOK AT AND SEEING

WHAT WE'RE PROJECTING IN THE OUT-YEARS. WE DON'T YET HAVE THIS AS WE

VOTE ON THE FOURTH OF OUR BUDGET BILLS TODAY. BUT THERE'S ALSO A VERY

ELOQUENT, MAYBE POLITICAL DANCE THAT HAS GONE ON FOR THE LAST SEVERAL

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NYS ASSEMBLY MAY 1, 2023

YEARS REALLY SINCE THIS STATE HAS BECOME A SINGLE-PARTY CONTROLLED

STATE. AS I MENTIONED EARLIER, SEVERAL YEARS AGO, NON-ELECTION YEAR,

$5.8 BILLION IN TAX INCREASES. TWO YEARS AGO, $8.1 BILLION IN TAX

INCREASES. THIS YEAR WE'RE LOOKING AT ANOTHER IN EXCESS OF

HALF-A-BILLION DOLLARS IN TAX INCREASES. ON THE FLIP SIDE, IN AN ELECTION

YEAR, WHETHER IT'S THE GOVERNOR THAT HAS TO GO OUT AND FACE THE VOTERS

OR THE LEGISLATORS WHO HAVE TO GO OUT AND FACE THE VOTERS, WE TEND TO DO

SHORT-TERM TAX CUTS. LAST YEAR WE UTILIZED SOME FEDERAL MONEY AND

SOME ONE SHOTS AND WE GAVE OUT SOME TAX CUTS AND WE GO BACK AND

SAY HEY, WE CUT YOUR TAXES. I THINK THE JIG IS UP A LITTLE BIT WITH THE

PUBLIC. THEY'RE SEEING THIS BUDGET GROW BY BILLIONS AND BILLIONS OF

DOLLARS EACH AND EVERY YEAR AND GETTING TO UNSUSTAINABLE LEVELS. WE

HAVE THE SECOND LARGEST BUDGET IN THE COUNTRY, SECOND ONLY TO

CALIFORNIA WHICH HAS ALMOST DOUBLE OUR POPULATION. SO, I'LL FINISH

WHERE I STARTED, $229 BILLION. A LOT OF REALLY GOOD STUFF YOU CAN DO

WITH $229 BILLION AND YOU CAN MAKE A LOT OF PEOPLE HAPPY. BUT THE

QUESTION IS, ARE WE GOING TO BE HERE NEXT YEAR, TWO YEARS FROM NOW,

THREE YEARS FROM NOW FACING DRASTIC CUTS OF SO MANY OF THOSE PROGRAMS

BECAUSE WE'RE SPENDING MORE THAN WE HAVE THE RECURRING REVENUES TO

MEET. SO FOR THAT REASON AND MANY OTHERS, I'M GOING TO BE VOTING IN

THE NEGATIVE ON THIS PARTICULAR BUDGET BILL AND I URGE MY COLLEAGUES TO

DO THE SAME. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. SMULLEN.

MR. SMULLEN: THANK YOU, MR. SPEAKER. WOULD

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NYS ASSEMBLY MAY 1, 2023

THE SPONSOR YIELD FOR A FEW QUESTIONS?

ACTING SPEAKER AUBRY: MS. WEINSTEIN, WILL

YOU YIELD?

MS. WEINSTEIN: YES.

ACTING SPEAKER AUBRY: MS. WEINSTEIN

YIELDS, SIR.

MR. SMULLEN: THANK YOU, CHAIR. I'M JUST GOING

THROUGH, I SEE QUITE A FEW CHANGES TO THE TAX CREDITS WHICH ARE ISSUED

OUT THERE. CAN YOU JUST TELL ME IF THERE ARE ANY TAX CUTS IN THIS BUDGET.

I DIDN'T SEE ANY. ANY ACTUALLY TAXES THAT ARE REDUCED.

MS. WEINSTEIN: I DID MENTION THE EXPANSION OF

THE CHILD TAX CREDIT --

MR. SMULLEN: I SAID THE CREDITS, I SAW THOSE. BUT

ANY ACTUAL TAXES THAT ARE CUT?

MS. WEINSTEIN: I MEAN WE STILL ARE CONTINUING THE

MIDDLE-CLASS TAX CUT.

MR. SMULLEN: THANK YOU. I APPRECIATE YOU

CLARIFYING THAT. SO ONE OF THE THINGS THAT LOCALITIES ARE INTERESTED IN ARE

THE LOCAL SALES TAX, THE AUTHORIZATIONS BEING MADE PERMANENT. I SAW

THAT IT WAS OMITTED IN THIS SECTION. IS THAT COMING BACK IN THE LATER

SECTION OF THE BUDGET BILLS?

MS. WEINSTEIN: NO. WE WILL NOT BE SEEING THAT

PROPOSAL COME BACK.

MR. SMULLEN: THANK YOU VERY MUCH, I APPRECIATE

THAT.

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NYS ASSEMBLY MAY 1, 2023

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

SMULLEN.

MR. SMULLEN: SO, A COUPLE THINGS STAND OUT

SPECIFICALLY WITH THERE BEING NO TAX CUTS IN THIS BUDGET THAT I'VE HEARD

THAT THE TOP LINE IS ABOUT $229 BILLION FOR THIS YEAR, WHICH WOULD BE THE

LARGEST BUDGET EVER IN NEW YORK STATE'S HISTORY. AND JUST -- JUST SINCE

I'VE BEEN IN THE ASSEMBLY SINCE WHEN I WAS FIRST ELECTED IN 2018 THE

BUDGET THEN WAS 168 BILLION, THAT'S A $61 BILLION INCREASE, 36 PERCENT IN

JUST FOUR OR SO YEARS, WHICH TO ME IS ABSOLUTELY MIND-BOGGLING BECAUSE

NEW YORK HAS ALWAYS RANKED NEAR THE BOTTOM OF ALL THE STATES IN THE

UNITED STATES. IN FACT NOW, IT'S EITHER 49 OR 50 DEPENDING ON WHAT TAX

INDEX YOU LOOK AT FOR TAX BURDENS. AND THE REASON THAT IS IT -- IT

BOTHERS US WHEN IT COMES TO ECONOMIC OUTLOOK. SOME OF THE THINGS

THAT NEW YORK HAS ACTUALLY LOOKED AT; TOP MARGINAL PERSONAL INCOME

TAX RATE, TOP MARGINAL CORPORATE INCOME TAX RATE, PERSONAL INCOME TAX

PROGRESSIVITY, PROPERTY TAX BURDEN, SALES TAX BURDEN, DEBT SERVICES OF

SHARE OF TAX REVENUE AND AVERAGE WORKERS' COMPENSATION COSTS

AMONGST OTHER FACTORS. SO, NEW YORK IS ON A ROLL BUT IT'S ON A ROLL IN

THE WRONG DIRECTION AND IT'S BEEN THAT WAY FOR QUITE SOME TIME. AND

JUST SINCE I'VE BEEN IN THIS BODY WE'VE -- WE'VE DOUBLED DOWN ON THAT.

AND ACTUALLY, MADAM CHAIR, IF I COULD JUST ASK -- I'VE GOT ANOTHER

QUESTION TO ASK ABOUT UNEMPLOYMENT INSURANCE TAXES. ARE THEY

PROJECTED TO GO UP THIS YEAR IN NEW YORK'S ESTIMATION? WHAT I'VE

HEARD IS THAT WE'VE -- WE ACTUALLY MISSED OUR WINDOW TO PAY OUR

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NYS ASSEMBLY MAY 1, 2023

FEDERAL LOAN BACK WITH FEDERAL COVID FUNDS BUT INSTEAD WE'RE

PUSHING THEM ON TO BUSINESS TAX OWNERS OR BUSINESS OWNERS.

MS. WEINSTEIN: IF YOU COULD HOLD ONE -- ONE

MOMENT.

(PAUSE)

WE'RE -- WE'RE NOT EXPECTING UNEMPLOYMENT -- THE

UNEMPLOYMENT INSURANCE TO GO UP.

MR. SMULLEN: WE DO OR DO NOT? I'M SORRY.

MS. WEINSTEIN: DO NOT.

MR. SMULLEN: SO WHERE'S THE $6 BILLION THAT'S

BEING RELEVIED TO -- TO BUSINESS OWNERS FOR EITHER SMALL OR LARGE TO PAY

FOR THE -- REPAY THE FEDERAL LOAN COMING FROM THAT?

MS. WEINSTEIN: THAT'S OVER -- THAT'S A

CONTINUATION OF -- OF PAYMENTS OVER -- OVER TIME. WE THINK THAT THESE

PAYMENTS WILL TAKE SIX YEARS BEFORE THE UNEMPLOYMENT INSURANCE FUND

CAN BECOME SOLVENT.

MR. SMULLEN: SO WE -- WE DON'T THINK

UNEMPLOYMENT INSURANCE TAXES ARE GOING UP THEN.

MS. WEINSTEIN: CORRECT.

MR. SMULLEN: THANK YOU. THANK YOU AGAIN.

MR. SPEAKER, BACK ON THE BILL. I APPRECIATE THAT. SO

THE PICTURE FOR NEW YORK IN TAXES IS WHAT IT IS, BUT COMPARATIVELY

SPEAKING, TEXAS JUST PASSED A $300 BILLION BUDGET FOR TWO YEARS.

FLORIDA JUST PASSED A $114 BILLION BUDGET FOR A YEAR, CALIFORNIA AS

STATED BEFORE BY MY COLLEAGUE, $296 BILLION, HAVING TWICE AS MANY

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PEOPLE. SO WHEN I THINK ABOUT TAXES AND I THINK ABOUT THE REVENUE THAT

HAS TO BE GENERATED OVER TIME, IT'S FISCALLY UNSUSTAINABLE IN MY

ESTIMATION. AND THE REASON I SAY THAT IS IS BECAUSE THE FEDERAL TAX

BURDEN IS ACTUALLY INCREASING AS WELL. THE FEDERAL DEBT CLOCK IS AT

ABOUT $32 TRILLION AND GOING UP AT THIS POINT. A LOT OF THE SPENDING

FROM THE COVID-19 PANDEMIC HAS PUSHED OUR DEBT-TO-GDP RATIO TO

LEVELS THAT HAVEN'T BEEN SEEN SINCE WORLD WAR II. I DON'T THINK THAT THE

COVID-19 PANDEMIC AS BAD AS IT WAS, WAS AS BAD AS WORLD WAR II

AND REQUIRED THAT LEVEL OF NATIONAL COMMITMENT TO DEFEAT IT. SO WHAT

I'M SAYING IS, IS THAT WE NEED TO LOOK HARD IN STATES LIKE OURS THAT SPEND

SO MUCH TO MAKE SURE THAT OUR TAXPAYERS ARE GETTING THEIR MONEY'S

WORTH. THAT WE DON'T SPEND MONEY THAT WE DO NOT HAVE ON THINGS THAT

WE DO NOT NEED. AND FOR THAT REASON I'LL BE VOTING NO ON THIS REVENUE

BILL AND I URGE ALL MY COLLEAGUES TO DO SO AS WELL. THANK YOU, MR.

SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MS. FORREST.

MS. SOUFFRANT FORREST: GOOD EVENING.

ON THE BILL, MR. SPEAKER.

ACTING SPEAKER AUBRY: ON THE BILL, MS.

FORREST.

MS. SOUFFRANT FORREST: I AM VOTING NO ON

THIS BILL. AND THE REASON WHY I AM VOTING NO IS THAT THIS BILL CONTAINS

BILLIONS AND BILLIONS AND BILLIONS OF DOLLARS; TAXPAYERS DOLLARS,

CONSTITUENT DOLLARS, WORKING PEOPLE'S HARD-EARNED DOLLARS AND IT'S NOT

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GOING BACK TO WORKING PEOPLE, BUT IT IS GOING TO CORPORATIONS AND THE

WEALTHIEST AMONG US. OUR GOVERNOR KATHY HOCHUL TELLS US THAT THESE

SUBSIDIES WILL RESULT IN ECONOMIC DEVELOPMENT. WELL, I'M HERE TO TELL

YOU THE TRUTH. THESE SUB -- THESE SUBSIDIES HAVE BEEN STUDIED. AND

THE STUDIES SHOW THAT THEY DO NOT CREATE JOBS, THESE CORPORATE

GIVEAWAYS DO NOT CREATE EXTRA REVENUE, AND THEY DO NOT TRICKLE DOWN TO

WORKING PEOPLE. AS A REGISTERED NURSE, I CAN TELL YOU THAT I'M ALL ABOUT

EVIDENCE, EVIDENCE-BASED POLICIES AND PRACTICES. SO HERE ARE SOME

OTHER FACTS. NEW YORK IS THE RICHEST STATE WITH AN ECONOMY THAT TOPS

COUNTRIES; YET 14 PERCENT OF NEW YORKERS LIVE IN POVERTY, HIGHER THAN

THE NATIONAL AVERAGE. IN ONE SINGLE YEAR WE WENT FROM 36 PERCENT TO

50 PERCENT OF FAMILIES IN NEW YORK CITY UNABLE TO AFFORD THEIR BASIC

NEEDS. ONE IN TEN NEW YORKERS IS FACING FOOD INSECURITIES. THEY'RE

HUNGRY, THEY CAN'T AFFORD TO FEED THEMSELVES AND THEIR FAMILIES. HOW

MANY IN THIS CHAMBER HAVE FELT THAT? GOING TO BED HUNGRY AND

WAKING UP HUNGRY. I WONDER WHO HERE HAS HAD CORN FLAKES WITH NO --

NO MILK FOR DINNER AND LUNCH. AND THE FACT IS THAT THIS REVENUE BILL IS

GIVING AWAY THEIR MONEY. THE SAME HUNGRY, TIRED, WORKING PEOPLE TO

CORPORATIONS, TO HOLLYWOOD STUDIOS, TO TECH BILLIONAIRES. THE

GOVERNOR COULD HAVE MADE A DIFFERENCE HERE. WE COULD HAVE RAISED

TAXES ON MULTI-MILLIONAIRES WHO ARE DOING JUST FINE. WHO DID BETTER

DURING THE PANDEMIC WHEN EVERYONE ELSE DID WORSE. WHO ARE IN FACT

DOING BETTER THAN THEY EVER HAD. BUT INSTEAD OF TAXING CORPORATIONS OR

CAPITAL GAINS OR BILLIONAIRES, INSTEAD OF RAISING THE MINIMUM WAGE TO

WHAT THAT COULD ACTUALLY HELP, INSTEAD OF PASSING A NEW YORK HEALTH

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ACT, INSTEAD OF PROTECTING TENANTS FROM EVICTIONS, INSTEAD OF OFFERING

REAL CHILDCARE, INSTEAD OF LOWERING TUITION AND PROVIDING RELIABLE

TRANSPORTATION, INSTEAD OF OFFERING ALL CHILDREN FREE MEALS, WHAT HAVE

WE DONE? WE'RE GIVING MORE MONEY TO THE RICH. AS DR. KING WOULD

KNOW AND AS HAD SAID IN THIS VERY CHAMBERS AT THE BEGINNING OF THIS

SESSION, THE REVENUE BILL AS PRESENTED TODAY IS DUE TO NOTHING BUT

SHORT-SIDEDNESS AND A LACK OF SOCIAL VISION. TO FIGHT AGAINST INEQUITY IS

NOT ONLY MORAL AND INTELLIGENT BUT NECESSARY. THIS REVENUE BILL IS NOT

MORAL. THIS REVENUE BILL IS NOT INTELLIGENT. THIS REVENUE BILL IS NOT

NECESSARY. MR. SPEAKER, I AM IN THE NEGATIVE.

ACTING SPEAKER AUBRY: THANK YOU.

MR. PALMESANO.

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

CHAIRWOMAN YIELD FOR SOME QUESTIONS, PLEASE?

ACTING SPEAKER AUBRY: MS. WEINSTEIN, WILL

YOU YIELD?

MS. WEINSTEIN: YES.

ACTING SPEAKER AUBRY: MS. WEINSTEIN YIELDS

MR. PALMESANO: THANK YOU, MS. WEINSTEIN. I

KIND OF WANT TO GO THROUGH A COUPLE AREAS. MR. RA TOUCHED ON SOME

AND I'LL JUST ELABORATE A LITTLE MORE ON A COUPLE OF THINGS IF I COULD.

FIRST ON THE CIGARETTE TAX, I SEE THAT IT'S REDUCING THE REVENUE BY $13

MILLION. I KNOW WE TALKED ABOUT THIS IN THE ONE-HOUSE. IS THAT FROM

YOUR BELIEF THAT IT'S JUST GOING TO BE LESS CIGARETTE SALES OR WE'RE GOING

TO HAVE A DECREASE IN REVENUE? IS THAT --

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MS. WEINSTEIN: YES. WE THINK THERE WILL BE LESS

SALES.

MR. PALMESANO: IS IT ALSO PLAUSIBLE, THOUGH, THAT

THE DECREASE IN REVENUE IS A FACT THAT WHEN YOU INCREASE THE TAXES AS

HIGH AS YOU DO, YET WE CREATE WHAT WE KNOW IS A TREMENDOUS

UNDERGROUND BLACK MARKET. BUT WE ALSO KNOW IF YOU GO TO -- LIKE I'M

ALONG THE PENNSYLVANIA BORDER, SO IS MR. GOODELL, HE IS ALSO ON THE

OHIO BORDER, WE GO TO PENNSYLVANIA IT'S $2.60 CENTS A PACK, OHIO IS

$1.60 A PACK, ALSO, WE HAVE NATIVE AMERICAN LANDS WHERE PEOPLE ARE

BUYING CIGARETTES. ISN'T THAT PART OF THE REASON FOR THE DECREASE IN

REVENUE AS WELL? WOULDN'T YOU HAVE TO AGREE WITH THAT?

MS. WEINSTEIN: WELL, WE DECREASED THE DEMAND

FOR CIGARETTES SALES IN NEW YORK STATE.

MR. PALMESANO: ALL RIGHT. SO I SEE THAT WE'RE

DOING A LOT TO GO AFTER THE CIGARETTE TAXES AND TRYING TO CREATE MORE

REVENUE FROM THERE. WHAT ARE WE DOING ABOUT THE ILLEGAL STICKER STORES

THAT ARE POPPING UP ALL OVER ACROSS THE STATE? ARE WE DOING ANYTHING

TO GET REVENUE FROM THEM? AND THEY ACTUALLY SHOULDN'T BE OPEN

BECAUSE THEY'RE ILLEGAL. THEY'RE NOT BUSINESSES, THEY'RE ILLEGAL

OPERATIONS.

MS. WEINSTEIN: WE'LL BE ABLE TO DISCUSS THAT

TOMORROW. THEY'LL BE SOME --

MR. PALMESANO: GREAT. I LOOK FORWARD TO THAT.

MS. WEINSTEIN: -- ISSUES IN THE ELFA BILL.

MR. PALMESANO: THANK YOU. I'D LIKE TO MOVE ON

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TO THE FILM TAX CREDIT IF I COULD. I KNOW WE'RE INCREASING IT FROM 420

MILLION TO $700 MILLION. ONE ASPECT OF IT IS THE ABOVE-THE-LINE SALARIES.

SO BASICALLY (INAUDIBLE) CREDITS UP TO $500,000 FOR ABOVE-THE-LINE

SALARIES; WOULD THAT BE CORRECT?

MS. WEINSTEIN: YES.

MR. PALMESANO: OKAY. NOW, SATURDAY NIGHT

LIVE HAS BEEN IN EXISTENCE SINCE 1975. DO YOU HAVE ANY IDEA HOW

MUCH MONEY THEY'VE RECEIVED IN TAX CREDITS FROM THE TAXPAYERS?

MS. WEINSTEIN: NO.

MR. PALMESANO: EIGHT-TWO MILLION DOLLARS --

$82.6 MILLION SINCE 2015. HOW ABOUT THE JIMMY FALLON TONIGHT

SHOW? ANY IDEA HOW MUCH THEY RECEIVE?

MS. WEINSTEIN: I'M SORRY. I JUST DON'T KNOW THE

NUMBERS BUT I THINK YOU HAVE SOME --

MR. PALMESANO: I DO.

MS. WEINSTEIN: -- SO YOU COULD SHARE WITH US.

MR. PALMESANO: FIFTY-SIX MILLION DOLLARS. SO

BASED ON THIS NEW CHANGE IN THE LAW ABOVE THE LINE, MR. FALLON, YOU

KNOW, IT'S A GREAT SHOW MAKING MULTI-MILLION DOLLARS A YEAR, NOW

UNDER THIS NEW PROPOSAL, NOW STATE TAXPAYERS ARE GOING -- ARE GOING TO

BE ABLE TO SUBSIDIZE SOME OF HIS SALARY; IS THAT CORRECT? TECHNICALLY

WITH THE LANGUAGE OF THIS BILL THAT'S WHAT'S GOING TO HAPPEN, RIGHT?

MS. WEINSTEIN: IT'S POSSIBLE THAT SOME OF THAT -- I

MEAN THERE IS A CAP ON THE ABOVE-THE-LINE THAT'S REIMBURSABLE --

MR. PALMESANO: OKAY.

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MS. WEINSTEIN: -- AS PART OF THE CALCULATION OF THE

CREDIT BUT IT IS POSSIBLE.

MR. PALMESANO: OKAY. WITH THE SATURDAY NIGHT

LIVE, IS THERE JUST SOME FEAR OR WORRY THAT THEY'RE GOING TO UP AND LEAVE

NEW YORK STATE SINCE THEY'VE BEEN HERE FOR 50 YEARS? I MEAN -- I

MEAN HOW -- HOW DO THEY START OFF THEIR SHOW EVERY WEEK?

MS. WEINSTEIN: I DO NOT HAVE --

MR. PALMESANO: SAY IT WITH ME.

MS. WEINSTEIN: -- ANY INDEPENDENT KNOWLEDGE OF

THE SATURDAY NIGHT LIVE SHOW.

MR. PALMESANO: THEY SAY LIVE FROM NEW YORK

IT'S SATURDAY NIGHT LIVE [SIC]. THEY DON'T SAY LIVE FROM SASKATCHEWAN.

THEY SAY LIVE FROM NEW YORK. SO WHY ARE WE SUBSIDIZING SATURDAY

NIGHT LIVE TO THE TUNE OF $82 MILLION AND CONTINUE TO DO MORE? WHAT'S

THE PURPOSE OF THAT? WHAT ARE WE ACCOMPLISHING FROM THAT?

MS. WEINSTEIN: THE LAW IS -- THE CREDIT IS NOT

DIRECTED TOWARDS SNL BUT IT IS FOR THE LARGER FILM PRODUCTION AND

POST-PRODUCTION THAT HAPPENS IN NEW YORK STATE AND WE CAN'T EXCLUDE

ANY INDIVIDUAL PRODUCTION COMPANY BECAUSE OF A BELIEF THAT THEY WILL

LEAVE -- THEY WON'T LEAVE NO MATTER WHAT WE DO.

MR. PALMESANO: ALL RIGHT. I DID WANT TO ASK

ALSO, TOO, ABOUT MY -- MY COLLEAGUE MENTIONED UNEMPLOYMENT

SURCHARGE. IS THERE ANYTHING IN THIS BILL OR A FUTURE BILL THAT'S GOING TO

PROVIDE ANY RELIEF TO OUR SMALL BUSINESSES WHO ARE PAID AN

UNEMPLOYMENT SURCHARGE BECAUSE THEY HAD TO PAY BACK THE LOAN TO THE

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NYS ASSEMBLY MAY 1, 2023

FEDERAL GOVERNMENT FOR THE COVID, WHICH WE KNOW THERE WAS $11

BILLION IN FRAUD ACCORDING TO THE COMPTROLLER. IS THERE ANYTHING WE'RE

GOING TO SEE, NOT IN THIS BILL BUT IN A FUTURE BILL, THAT MIGHT PROVIDE

THEM SOME RELIEF?

MS. WEINSTEIN: NO.

MR. PALMESANO: NO, OKAY. I DID WANT TO TALK

ABOUT THE WIND AND SOLAR APPRAISAL, TOO, BECAUSE THESE ARE GENERALLY

EFFECTING UPSTATE NEW YORK. IN MY DISTRICT I HAVE A TREMENDOUS

AMOUNT OF WIND AND SOLAR BEING (INAUDIBLE) COMING ABOUT. I KNOW MY

COLLEAGUE TALKED ABOUT THIS. WE HAVE -- AND WE KNOW THERE'S A LAWSUIT

THAT CAME ABOUT. SO YOUR -- YOUR INTENTION WITH THIS LEGISLATION IS

BASICALLY TO CORRECT THAT LANGUAGE SO THOSE LAWSUITS WOULD BE MOOT AND

NOW THEY'LL BE ABLE TO MOVE FORWARD WITHOUT HAVING TO GO THROUGH THE

SAPA PROCESS?

MS. WEINSTEIN: CORRECT.

MR. PALMESANO: AND IS THERE ANY CONCERN ABOUT,

YOU KNOW, BECAUSE WHAT I'M HEARING, I'LL GIVE YOU AN EXAMPLE. I HAD

SOME SMALL MUNICIPALITIES, YOU KNOW. THEY TOOK THE ASSESSMENT,

INITIALLY LIKE A $2.5 MILLION ASSESSMENT THROUGH THIS PROCESS, THEY

REDUCED IT TO $530,000. I HAD ANOTHER ONE THAT WENT FROM 2.9 TO 1.1

AND NOW YOU'RE SEEING OBVIOUSLY LESS REVENUE FOR FIRE DEPARTMENTS AND

AMBULANCE WORKERS. THIS IS IN UPSTATE NEW YORK. ISN'T THERE ANY

CONCERN ABOUT, YOU KNOW, ON OUR LOCAL MUNICIPALITIES THAT HAVE THIS

REDUCED REVENUE BECAUSE OF THIS FORMULA THAT WAS DEVELOPED BY THE

STATE?

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NYS ASSEMBLY MAY 1, 2023

(PAUSE)

MS. WEINSTEIN: THE -- THE IDEA IS TO PROVIDE SOME

UNIFORMED STATEWIDE CRITERIA AND NOT HAVE THAT BACK AND FORTH BETWEEN

A LOCAL DEVELOPER.

MR. PALMESANO: AND A LOT -- LOT OF TIMES WHEN

THEY DO THIS IT'S SET UP THROUGH A PILOT PLAN. LIKE IN MY AREA A LOT OF

THOSE AREAS THE IDAS WORK WITH THE (INAUDIBLE) PILOT PAYMENT

AGREEMENTS. BUT I'M HEARING EXAMPLES WHERE SEVERAL SOLAR COMPANIES

THREATENED NOT TO TAKE THE PILOT AND GO ON THE TAX ROLLS BECAUSE THEY

KNOW IT'S GOING TO BE A MORE BENEFICIAL FORMULA FOR THEM. SO IS THAT

REALLY WHAT WE WANT? I MEAN, YOU KNOW, NOW WE'RE GOING TO -- THESE

-- THESE LOCAL COMMUNITIES ARE IN UPSTATE NEW YORK BECAUSE THAT'S

WHERE THE SOLAR AND WIND IS GOING IN UPSTATE NEW YORK. TAKING

FARMLAND, TAKING PRIME FOREST LAND, WHATEVER IT MAY BE. SO WE'RE

PENALIZING UPSTATE TAXPAYERS BECAUSE THEY HAVE TO HAVE THE SOLAR

THERE. ISN'T THAT A PROBLEM?

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

THAT IS AN OPTION, I GUESS THAT'S, YOU KNOW, AVAILABLE TO THEM TO -- TO

PAY THE TAXES VERSUS THE -- THE PILOT.

MR. PALMESANO: BECAUSE I THINK PART OF THE

PROBLEM, TOO, MADAM CHAIR, IS WE KNOW -- I MEAN IN THIS BUDGET

THERE'S A LOT OF PUBLICITY ABOUT THE HOUSING PLAN AND PEOPLE ARE

CONCERNED ABOUT NOT HAVING LOCAL CONTROL -- HAVING LOCAL CONTROL TAKEN

AWAY FROM THEM. WHAT THIS LEGISLATURE DID IS THEY TOOK TOTAL LOCAL

CONTROL AWAY FROM LOCAL GOVERNMENTS WHEN IT CAME TO SITING SOLAR AND

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NYS ASSEMBLY MAY 1, 2023

WIND AND RENEWAL PROJECTS BECAUSE WE WANT TO DEVELOP ALL THESE SOLAR

AND RENEWABLE PROJECTS AND FORGET WHAT THE LOCAL GOVERNMENT WANTS TO

DO. AND NOW -- NOW WE'RE GOING TO COME AND SAY THEY CAN'T GET THE

REVENUE THAT THEY'RE READILY ENTITLED TO. ISN'T THAT GOING TO BE A

PROBLEM? I MEAN IT'S A PROBLEM FOR MY AREA. IT'S A PROBLEM FOR OTHER

AREAS. WHAT ARE WE SAYING TO THEM?

MS. WEINSTEIN: YOU KNOW, I THINK I HAD SAID

EARLIER THAT THIS MODEL WAS ALREADY SUBJECT TO A PUBLIC COMMENT

PERIOD. THERE WERE -- THE TAX DEPARTMENT DID CONSULT WITH VARIOUS

GROUPS, LOCAL ASSESSORS AND -- AND OTHERS IN DEVELOPING THIS PROPOSAL.

MR. PALMESANO: YEAH. I THINK -- I THINK MYSELF

AND A NUMBER OF MY UPSTATE COLLEAGUES FOR THE SOLAR AND WIND HAS

GRAVE CONCERNS ABOUT HOW THIS IS WORKING. IT SEEMS LIKE IT'S GOING IN

ADVANTAGE OF THE FAVOR OF THE -- THE DEVELOPERS AND THE -- THE HECK WITH

THE LOCAL MUNICIPALITIES AND PROPERTY TAXPAYERS. MADAM CHAIR, THANK

YOU FOR YOUR TIME.

MS. WEINSTEIN: SURE.

MR. PALMESANO: YOU'VE BEEN VERY GRACIOUS AS

ALWAYS.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. PALMESANO: MR. SPEAKER, AND MY

COLLEAGUES, I KNOW THIS IS A REVENUE BILL. LET'S BE CLEAR. WE DON'T HAVE

A REVENUE PROBLEM IN NEW YORK STATE, WE HAVE A SPENDING PROBLEM IN

NEW YORK STATE. WHEN YOU LOOK AT WHERE WE WERE JUST SEVERAL YEARS

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NYS ASSEMBLY MAY 1, 2023

AGO COMPARED TO WHERE WE ARE SPENDING NOW TALKING ABOUT A $229

BILLION BUDGET, WE ALREADY KNOW WE HAVE THE HIGHEST TAXES IN THE

NATION, THE WORST BUSINESS CLIMATE, WE'RE HEADING DOWN A DANGEROUS

PATHWAY TO PUT IN PLACE AN UNAFFORDABLE AND UNRELIABLE ENERGY PLAN

THAT'S REALLY GOING TO DECIMATE OUR ECONOMY AND IMPACT THE QUALITY OF

LIFE OF MANY NEW YORKERS. AND IT'S GOING TO CONTINUE TO LEAD TO THE

MASS EXODUS OF MORE AND MORE NEW YORKERS LEAVING OUR STATE.

WE'VE SEEN 500,000 NEW YORKERS LEAVE THE PAST TWO YEARS AND WE'RE

GOING TO SEE MORE OF THEM WITH THE POLICIES THAT KEEP BEING

IMPLEMENTED HERE. OUR FARMERS, OUR FAMILIES, OUR SMALL BUSINESSES,

OUR MANUFACTURERS, AND HOW DO WE DO THIS? WE GOT A BUDGET PLAN

THAT'S INCREASING BUSINESS TAXES BY $800 MILLION THIS YEAR, IT'LL BE OVER

$1 BILLION ON THE VERY PEOPLE WE WANT TO CREATE JOBS, WHY NOT GIVE

THEM TAX CREDITS SO THEY CAN CREATE JOBS SO THEY CAN INVEST? BUT YET

WE'RE GIVING $700 MILLION TO HOLLYWOOD MILLIONAIRES SO THEY CAN HAVE

THE HOLLYWOOD FILM TAX CREDIT. WHERE ARE THE PRIORITIES? THERE'S NO

UNEMPLOYMENT HEALTH FOR OUR SMALL BUSINESSES. OUR SMALL BUSINESSES

WHO WERE CRUSHED DURING THE COVID LOCKDOWNS AND CLOSURES,

MANDATED SHUTDOWNS AND LOCKDOWNS. AND WHAT HAPPENS NOW BECAUSE

WE HAVE UNEMPLOYMENT, YOU KNOW, CLAIMS WE HAVE TO PAY BACK TO THE

FEDERAL GOVERNMENT. AND INSTEAD OF DOING WHAT MANY OTHER STATES

USING COVID FUNDS, EMERGENCY FUNDS TO PAY DOWN THAT DEBT FOR OUR

SMALL BUSINESSES, WHAT DOES THIS CHAMBER DO? WHAT DOES THIS

GOVERNOR DO? OH, SMALL BUSINESSES, HERE'S ANOTHER UNEMPLOYMENT

SURCHARGE BILL FOR YOU. YOU TAKE CARE. WE GOT YOUR BACK. NO. THEY

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NYS ASSEMBLY MAY 1, 2023

DON'T GOT THEIR BACK. THEY'RE STABBING THEM IN THE BACK, THEY'RE HURTING

THE VERY PEOPLE THAT WE WANT TO INVEST AND CREATE JOBS HERE, IT'S NOT THE

RIGHT POLICY. AND WE TALK ABOUT AGAIN SATURDAY NIGHT LIVE $82

MILLION SINCE 2015. SATURDAY NIGHT -- THE TONIGHT SHOW. I MEAN MY

GOODNESS WHERE ARE OUR PRIORITIES? AGAIN, I DON'T KNOW THE RISK OF

SATURDAY NIGHT LIVE EVER LEAVING. AND AGAIN, THEY START OFF THE SHOW

BY LIVE FROM NEW YORK, THEY'RE NOT GOING ANYWHERE. WHY DO WE NEED

TO SUBSIDIZE THAT? IT'S ABOUT PRIORITIES. AND I'M REALLY CONCERNED ABOUT

THIS WIND AND SOLAR ASSESSMENT. I KNOW MANY IN THIS CHAMBER, THEY

WANT TO PUT WIND AND SOLAR BECAUSE WE GOT TO MEET OUR GOALS BUT IT'S

GOING ALL OVER UPSTATE NEW YORK. AND WHEN WE TALK ABOUT THIS, I

KNOW WE'RE GOING TO TALK ABOUT SOME ENERGY POLICY LATER, I'M SURE WE

WILL BE DOING THAT. BUT RIGHT NOW, 90 PERCENT OF THE GENERATION IN

UPSTATE NEW YORK IS EMISSION-FREE, 90 PERCENT OF IT. WHEN WE GO

DOWN TO NEW YORK CITY AND DOWNSTATE, 87 PERCENT OF IT IS FOSSIL FUEL.

YOU CLOSED DOWN INDIAN POINT WHICH PROVIDED 25 PERCENT OF THE

POWER TO NEW YORK CITY, A RELIABLE BASE LOAD OF ENERGY. I MEAN

WHERE ARE WE GOING WITH THIS? I MEAN THIS DOESN'T MAKE ANY SENSE.

HOW ABOUT IF YOU'RE 87 PERCENT DEPENDENT ON FOSSIL FUEL AND UPSTATE'S

90 PERCENT EMISSION-FREE, HOW ABOUT YOU GUYS DO SOMETHING FIRST?

HOW ABOUT YOU DO IT DOWN THERE INSTEAD OF PUTTING IT ON THE BACKS OF

UPSTATE NEW YORK BECAUSE THE WIND AND SOLAR IS COMING FROM HERE,

YOU GOT A POWER LINE COMING FROM CANADA THAT'S GOING TO COST $4.5

BILLION THAT RATEPAYERS IN UPSTATE NEW YORK ARE PAYING FOR IT AND ONLY

NEW YORK CITY BENEFITS FROM IT. AND DON'T BE -- DON'T BE -- DON'T --

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NYS ASSEMBLY MAY 1, 2023

DON'T KID YOURSELF, IF CANADA NEEDS THAT POWER IN A STORM IT GOES TO

CANADA, NOT TO NEW YORK CITY. SO IT'S JUST POLICY AFTER POLICY THAT I

CONTINUE TO GET FRUSTRATED. A NUMBER OF MY COLLEAGUES -- WHEN WE

TALKED EVEN ABOUT THE CIGARETTE TAXES, I MEAN THESE ARE GOING TO HURT

SMALL CONVENIENCE STORES, BUSINESSES ALONG THE SOUTHERN TIER WHERE I

REPRESENT, I MEAN THEY CAN JUST GO OVER TO PENNSYLVANIA. YOU CAN GO

TO PENNSYLVANIA AND ON ANY BUSINESS YOU PAY LOWER TAXES, PROPERTY

TAXES, WORKERS' COMP COSTS, UTILITY COSTS, EVERYTHING. WE'RE AT A

COMPETITIVE DISADVANTAGE AND WE JUST CONTINUE TO MAKE IT MORE AND

MORE OF A COMPETITIVE DISADVANTAGE. IT'S NOT FAIR FOR OUR FARMERS, IT'S

NOT GOOD FOR OUR MANUFACTURERS, IT'S NOT GOOD FOR NEW YORK STATE. SO

I JUST WISH THIS BODY WOULD TAKE INTO CONSIDERATION A LITTLE BIT MORE

SOME OF THESE POLICIES WHEN WE PUT IT IN PLACE AND THE IMPACTS IT'S

HAVING ON PARTICULARLY ON SOME OF OUR UPSTATE AREAS AND LOOK AT OUR

PRIORITIES. I MEAN THIS FILM TAX CREDIT HAS GROWN WAY TOO BIG, $700

MILLION? MY GOODNESS. YOU KNOW, WE TALKED ABOUT OUR MOST

VULNERABLE CITIZENS, INDIVIDUALS WITH INTELLECTUAL DEVELOPMENTAL

DISABILITIES, WE TALKED ABOUT OUR INFRASTRUCTURE AND HOW OUR UPSTATE

ROADS AND BRIDGES ARE REALLY NOT GETTING THE RESOURCES THEY NEED. WE

DON'T SHORTCHANGE THE MTA DOWNSTATE, WE SHORTCHANGE THE UPSTATE

ROADS AND BRIDGES. I MEAN I WISH OUR COLLEAGUES ON THE OTHER SIDE OF

THE AISLE WOULD ADVOCATE MORE FOR THAT. BUT IT'S ONE POLICY AFTER

ANOTHER MAKING IT MORE DIFFICULT TO DO BUSINESSES HERE. MAKING IT

MORE DIFFICULT TO HAVE PEOPLE STAY HERE AND WANT TO RAISE A FAMILY HERE

AND WE'RE JUST GOING TO CONTINUE TO SEE THAT MASS EXODUS OF PEOPLE

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NYS ASSEMBLY MAY 1, 2023

LEAVING THE STATE WITH THE POLICIES THAT WE KEEP SEEING COMING FORWARD

FROM THIS THAT INCREASES TAXES AND INCREASES SPENDING AND EVEN DEBT.

THE COMPTROLLER SAID -- HIS REPORT BACK IN FEBRUARY SAID WE'RE GOING TO

INCREASE THE DEBT BY 42 PERCENT OVER THE NEXT FIVE YEARS OR $2.5 BILLION.

HOW IS THAT HEALTHY TO GROW OUR ECONOMY? HOW IS THAT HEALTHY TO

ENCOURAGE PRIVATE SECTOR INVESTMENT IN OUR ECONOMY? IT'S NOT AND

THAT'S WHY WE CONTINUE TO SEE THE EXODUS WE DO. SO MR. SPEAKER, FOR

THESE REASONS AND OTHERS I'M GOING TO BE VOTING NO ON THIS BILL. THANK

YOU.

ACTING SPEAKER MAGNARELLI: MR. STECK.

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

REVENUE DRIVES EVERYTHING IN THE BUDGET. THE OTHER SIDE OF THE AISLE

HAS MADE MANY CALLS FOR SPENDING A LOT OF MONEY ON A LOT OF THINGS,

BUT WITHOUT THE WILLINGNESS TO RAISE THE REVENUE TO DO IT. REVENUE

DRIVES HOW MUCH WE PAY PEOPLE WHO PROVIDE DIRECT CARE TO THE ELDERLY

OR THE DISABLED. IT DRIVES WHETHER WE CAN HIRE MORE STATE WORKERS TO

PROVIDE MENTAL HEALTH SERVICES TO PEOPLE WHO HAVE COOCCURRING MENTAL

HEALTH AND SUBSTANCE ABUSE DISORDERS. IT DRIVES WHETHER WE CAN

PROVIDE TRANSITIONAL LIVING TO PEOPLE WHO ARE HOSPITALIZED FOR REASONS

OF MENTAL HEALTH WHO ARE NOT YET READY FOR PURELY OUTPATIENT CARE. IT

DRIVES WHETHER WE CAN AVOID UNEMPLOYMENT SURCHARGES ON BUSINESSES

FOR A WORKFORCE CRISIS THAT WAS CAUSED BY AN UNEXPECTED VIRUS. LASTLY,

IT DRIVES WHETHER WE CAN BUILD THE INFRASTRUCTURE TO SUPPORT A FOSSIL

FUEL FREE ECONOMY AND WHETHER WE CAN PROTECT OUR CONSTITUENTS FROM

THE COST OF CONVERTING TO A FOSSIL FUEL FREE ECONOMY. I RUN ON THE LINE

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NYS ASSEMBLY MAY 1, 2023

OF A PARTY THAT GAVE US THE TENNESSEE VALLEY AUTHORITY AND RURAL

ELECTRIFICATION. FDR PREVIEWED A LOT OF HIS NEW DEAL POLICIES WHEN

HE WAS GOVERNOR OF NEW YORK STATE. WE SHOULD SIMILARLY BE BUILDING

ELECTRIC INFRASTRUCTURE NOW. INSTEAD, WE GIVE AWAY BILLIONS OF DOLLARS

TO LARGE CORPORATIONS LIKE THOSE FROM HOLLYWOOD OR AMAZON. IF WE

SPENT THAT MONEY ON INFRASTRUCTURE FOR A FOSSIL FUEL FREE ECONOMY, NOT

ONLY WOULD WE MAKE GREATER PROGRESS ON ADDRESSING THE CLIMATE

EMERGENCY, BUT WE WOULD ALSO CREATE MORE JOBS. WHILE THE ASSEMBLY

DID AN OUTSTANDING JOB NEGOTIATING THE MANY DETAILS OF THIS BUDGET WITH

THE GOVERNOR, AS A MEMBER I THINK I HAVE A DUTY TO EXPRESS MY

DISAGREEMENT WITH THE PHILOSOPHY UNDERLYING THE REVENUE BILL. I HAVE

A DUTY TO ADVOCATE FOR CHANGE. WITH THE CURRENT PHILOSOPHY, SO MANY

NEEDS WILL REMAIN UNMET. THANK YOU.

ACTING SPEAKER MAGNARELLI: ON A MOTION

BY MS. WEINSTEIN, 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 MAGNARELLI: A PARTY VOTE

HAS BEEN REQUESTED.

MR. GOODELL.

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

REPUBLICAN CONFERENCE IS GENERALLY OPPOSED TO THIS REVENUE BILL.

THOSE WHO FAVOR IT CAN CERTAINLY VOTE YES HERE ON THE FLOOR. THANK

YOU, SIR.

ACTING SPEAKER MAGNARELLI: MRS.

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NYS ASSEMBLY MAY 1, 2023

PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR. CHAIR.

THE MAJORITY CONFERENCE IS GENERALLY GOING TO BE IN FAVOR OF THIS PIECE

OF LEGISLATION, THIS REVENUE BUDGET BILL. HOWEVER, THERE MAY BE SOME

OF OUR COLLEAGUES WHO WOULD DESIRE TO BE AN EXCEPTION. THEY SHOULD

FEEL FREE TO BUY PUSHING THEIR BUTTON. THANK YOU, SIR.

ACTING SPEAKER MAGNARELLI: THE CLERK

WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. LAVINE TO EXPLAIN HIS VOTE.

MR. LAVINE: THANKS, MR. SPEAKER. SO I JUST WANT

TO ADDRESS A FEW POINTS THAT HAVE BEEN RAISED DURING THIS DISCUSSION.

TO BEGIN WITH, CALIFORNIA'S BUDGET IS NOT $306 BILLION A YEAR.

CALIFORNIA'S BUDGET, ACCORDING TO THE NATIONAL ORGANIZATION OF STATE

BUDGET OFFICERS, IS ABOUT TWICE NEW YORK'S. IT IS OVER $400 BILLION A

YEAR. NOW, SOME PEOPLE ADVANCED THE THEORY THAT NEW YORK ISN'T AS

GOOD AS TEXAS OR AS FLORIDA, BUT I -- I DON'T WANT TO LIVE IN TEXAS, I

DON'T WANT TO LIVE IN A PLACE THAT HAS -- IS THE CAPITAL OF MASS SHOOTINGS

AND I DON'T WANT TO LIVE IN A PLACE WHERE YOU DON'T EVEN NEED A PERMIT

TO CARRY A CONCEALED WEAPON. I DON'T WANT TO LIVE IN FLORIDA BECAUSE I

DON'T WANT TO LIVE IN A STATE THAT WANTS TO HARASS MICKEY MOUSE,

MICKEY MOUSE AFTER ALL IS 94 YEARS OLD. THAT'S JUST NOT FAIR. AND I

GUESS YOU COULD SAY AS I VOTE FOR THIS BILL THAT I'M JUST IN A NEW YORK

STATE OF MIND. THANK YOU.

ACTING SPEAKER MAGNARELLI: THANK YOU.

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NYS ASSEMBLY MAY 1, 2023

MS. GALLAGHER.

MS. GALLAGHER: I'D LIKE TO THANK THE SPEAKER,

COMMITTEE CHAIRS AND STAFF FOR THEIR HARD WORK ON THIS BUDGET. AS WE

FINALLY BEGIN THIS VOTE ON MAY 1ST, INTERNATIONAL WORKERS DAY, I

CANNOT HELP BUT THINK OF THE WORKERS I HEAR FROM EVERYDAY IN MY

DISTRICT. WORKERS WHO ARE SQUEEZED BY PRICE GOUGING AND UNJUSTIFIABLE

HOUSING CRISIS, RAMPANT WAGE THEFT, UNAFFORDABLE HEALTH CARE AND MORE.

THE CONDITIONS THAT LEAD -- THAT LED OUR ANCESTORS TO TAKE TO THE STREETS

AND PROTEST, ARE VERY SIMILAR TO THE PROBLEMS THAT WE ARE SEEING TODAY.

AND JUST AS IN THE GILDED AGE OF THE PAST, WE HAVE LEFT BILLIONAIRE

PROFITS INTACT AND HAVE HUNG WORKING PEOPLE OUT TO DRY. IN NEW YORK,

THE STATE'S 125 BILLIONAIRES HAVE GROWN THEIR WEALTH BY 49 PERCENT SINCE

2020. A THIRD OF ALL HOME PURCHASES IN OUR STATE ARE NOW MADE IN ALL

CASH AND OUR HOUSING IS HOOVERED UP BY PRIVATE EQUITY AND

INSTITUTIONAL INVESTORS. NEW YORK CITY HAS BECOME THE MOST RENT

BURDENED CITY IN THE UNITED STATES WITH A HOUSEHOLD NEEDING TO MAKE

$177,000 IN ORDER TO AFFORD AN AVERAGE APARTMENT. A RECENT REPORT ON

THE COST OF LIVING IN NEW YORK CITY FOUND THAT HALF OF ALL HOUSEHOLDS

CANNOT MEET THEIR BASIC FINANCIAL NEEDS. WORKING-CLASS PEOPLE IN MY

DISTRICT CAN NO LONGER MAKE ENDS MEET. OUR GOVERNMENT THRIVES BEST

WHEN WORKING PEOPLE ARE EMPOWERED TO LAY DOWN ROOTS THROUGH

WIDELY-AVAILABLE AFFORDABLE HOUSING, WHEN THEY HAVE WAGES THAT

SUSTAIN THEIR FAMILY AND ALLOW THEM TO SAVE FOR THE FUTURE, AND WHEN

THEIR MEDICAL CONCERNS DON'T THROW THEM INTO OVERWHELMING DEBT. WE

COULD PROVIDE THAT FUTURE FOR NEW YORKERS SIMPLY BY RAISING

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NYS ASSEMBLY MAY 1, 2023

SUSTAINABLE REVENUE BY RAISING TAXES ON THE WEALTHIEST HOUSEHOLDS AND

MOST PROFITABLE CORPORATIONS. INSTEAD, WE ARE LEAVING MONEY ON THE

TABLE THAT COULD OTHERWISE FUND FREE CHILDCARE, INVEST IN HIGHER

EDUCATION, PROTECT TENANTS AND BUILD MORE AFFORDABLE HOUSING AND

CLOSE THE MTA'S OPERATING DEFICIT. EXISTING PROPOSALS WOULD HAVE

RAISED AT LEAST $40 BILLION. I CANNOT IN GOOD CONSCIENCE VOTE YES ON A

REVENUE PLAN THAT IS COMPLICIT IN SUCH RAMPANT INEQUALITY AND THE

ONGOING ASSAULT ON ALL WORKING-CLASS NEW YORKERS. I VOTE NO.

ACTING SPEAKER MAGNARELLI: MS.

GALLAGHER IN THE NEGATIVE.

MS. CLARK: THANK YOU, MR. SPEAKER. I RISE NOT TO

TALK ABOUT MICKEY MOUSE BUT TO TALK ABOUT LIQUOR. SO I AM REALLY

PROUD AND EXCITED TO SEE THAT FOR THE FIRST TIME EVER IN THIS BILL WE ARE

CREATING THE PARITY IN THE ALCOHOL PRODUCTION TAX CREDIT TO HELP OUR

SMALL DISTILLERS, OUR CRAFT DISTILLERS AND OUR FARM DISTILLERS. THESE ARE

PLACES THAT OUR EMPLOYERS AND OFTEN SMALL COMMUNITIES, THEY'RE A

TOURIST DESTINATION, THEY BUY LOCAL SUPPLIES FROM OTHER MANUFACTURERS

IN THE AREA AND THEY SUPPORT OUR FARMS AND AGRICULTURE. IN 26 -- THIS

WAS ORIGINALLY PASSED IN 2012 FOR OUR BREWERIES AND WAS FOUND SUCH

SUCCESS THEY EXPLODED ALL OVER THE STATE AND HAVE BEEN A REAL BOON TO

BOTH OUR FARMERS AND AS EMPLOYERS AND SMALL BUSINESSES. IN 2016 THIS

WAS EXPANDED TO OUR DISTILLERS, BUT UNFORTUNATELY THE LANGUAGE WASN'T

QUITE THE WAY IT WAS SUPPOSED TO TO WORK FOR LIQUOR AS OPPOSED TO BEER

AND WE HAVE SPENT THE LAST FEW YEARS TRYING TO FIGHT FOR THE PARITY THAT

OUR DISTILLERS SO DESERVE SO THAT THEY CAN GROW AS SMALL BUSINESSES.

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NYS ASSEMBLY MAY 1, 2023

THERE'S OVER 200 IN THE STATE OF NEW YORK, WE ARE THE SECOND-LARGEST

CRAFT DISTILLERS IN THE COUNTRY. AND THIS IS AN ECONOMIC ENGINE THAT

SUPPORTS SO MUCH BEYOND JUST THE BUSINESS THAT STANDS THERE WHEN YOU

GO VISIT. I THANK CHAIRWOMAN WEINSTEIN AND EVERYONE FOR THEIR

SUPPORT OF THIS BILL AND REALLY EXCITED TO SEE IT PASSED TODAY. IT WILL

MAKE A DIFFERENCE IN MANY PLACES ACROSS THE STATE OF NEW YORK.

THANK YOU.

ACTING SPEAKER MAGNARELLI: MS. CLARK IN

THE AFFIRMATIVE?

MS. CLARK: YES.

ACTING SPEAKER MAGNARELLI: MS.

MITAYNES.

MS. MITAYNES: THANK YOU. NEW YORKERS ARE

LIVING AMIDST THE CRISIS OF INEQUALITY. FROM HOUSING, TO HEALTH CARE, TO

TRANSPORTATION, WORKING NEW YORKERS ARE FACING NEW AND RISING COSTS

THAT ARE FORCING THEM TO MAKE DIFFICULT DECISIONS BETWEEN WHICH BILLS

THEY CAN PAY, FROM PAYCHECK TO PAYCHECK ALL THE WHILE THE ULTRA-RICH

HAVE COME OUT ON THE OTHER SIDE OF A PANDEMIC WITH MORE WEALTH THAN

BEFORE. WHILE SMALL BUSINESSES SUFFER UNDER THE WEIGHT OF INFLATION,

MORE UNREGULATED DELIVERY TRUCKS PUMP POLLUTION INTO MY

NEIGHBORHOOD. THROUGHOUT THIS BUDGET CYCLE, NEW YORK HAS

EXAMINED TWO POSSIBLE FUTURES. ONE, WHERE WE CONTINUE A VICIOUS

CYCLE OF INEQUALITY FAVORING THE MOST PRIVILEGED AMONG US OR ONE,

WHERE WE INVEST IN STRONG PUBLIC SERVICES LIKE WORKER AND HOUSING

PROTECTIONS TO BUILD A NEW YORK FOR EVERYONE. BUT OUR BUDGET SYSTEM

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NYS ASSEMBLY MAY 1, 2023

IS UNDEMOCRATIC, RIGGED AGAINST WORKING NEW YORKERS AND SET UP TO

BENEFIT THE WEALTHY DONORS OF THE GOVERNOR. THE GOVERNOR HAS FAILED

IN CREATING A BUDGET TO SUPPORT WORKING NEW YORKERS. INSTEAD SHE HAS

OPTED TO PERPETUATE HISTORICAL TRENDS AND INEQUALITY CATERING TO THE

INTEREST OF THE WEALTHIEST PEOPLE IN OUR STATE AND CREATING NO NEW TAXES

FOR MULTI-MILLIONAIRES AND NO NEW TAXES ON CAPITAL GAINS. ALL THE

WHILE MY CONSTITUENTS' LIVES HANG IN THE BALANCE STRUGGLING TO KEEP THE

ROOF OVER THEIR HEADS. INSTEAD OF FUNDING PROGRAMS THROUGH FAIR TAXES

FOR THE MOST PRIVILEGED, WE ARE INSTEAD AWARDING PEOPLE FOR HOARDING

THEIR WEALTH. NEW YORK IS CHOOSING TO EXTEND TAX BREAKS FOR REAL

ESTATE INVESTMENT TRUST, TO SERVE CORPORATE REAL ESTATE INTERESTS AND

PROVIDE TAX BREAK LOOPHOLES FOR SPECULATORS. HOW ARE THOSE MORE

IMPORTANT PRIORITIES THAN SAVING LIVES ACROSS OUR STATE THROUGH HOUSING,

HEALTH CARE, EDUCATION, TRANSPORTATION, LABOR OR CLIMATE PROTECTIONS?

TO ME THEY ARE NOT. NEW YORKERS DEMAND AN UNBASHEDLY PRO-

WORKING CLASS SOLUTION TO OUR STATE'S BUDGET REVENUE DILEMMA. NOT

REFORMS THAT CONTINUE TO SEE POWER TO CORPORATIONS AND THE WELL-OFF.

AND SO I MUST VOTE NO ON THIS BUDGET PROPOSAL AND PROTECT THE WORKING

PEOPLE OF NEW YORK AND THE 51ST ASSEMBLY DISTRICT. I VOTE IN THE

NEGATIVE.

ACTING SPEAKER AUBRY: MS. MITAYNES IN THE

NEGATIVE.

MR. -- MS. SHRESTHA.

MS. SHRESTHA: THANK YOU, MR. SPEAKER. WE

HAVE A VISION FOR NEW YORK THAT INCLUDES SOCIAL HOUSING, UNIVERSAL

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NYS ASSEMBLY MAY 1, 2023

CHILDCARE, FLOURISHING PUBLIC SCHOOLS, FREE SUNY AND CUNY,

DEPENDABLE PUBLIC TRANSIT AND MORE. A NEW YORK WHERE ALL OF US, NOT

JUST A FEW, CAN AFFORD TO REST, DREAM AND TAKE CARE OF THEIR FAMILIES.

THIS REVENUE BILL ALL BUT ABANDONS THAT VISION. IT DOESN'T ADDRESS THE

FACT THAT OUR STATE IS THE RICHEST IN THE COUNTRY AND YET IT IS ALSO THE

MOST UNEQUAL. IT RANKS SECOND IN HOMELESSNESS, SECOND IN COST OF

LIVING, 29TH FOR ECONOMIC WELL-BEING OF CHILDREN AND 49TH IN STATE AND

LOCAL EDUCATION FUNDING EQUITY. IT IS A STATE WHERE THE RICH MAKE

PROFITS IN THEIR SLEEP WHILE THE WORKERS WHOSE LABOR CREATES OUR WEALTH

STRUGGLE WITH THE MOST BASIC NEEDS. THIS YEAR THE ASSEMBLY PROPOSED

A MODEST INCREASE IN TAXES FOR MULTI-MILLIONAIRES THAT WOULD HAVE

RAISED $717 MILLION IN ITS FIRST YEAR. WE ALSO PROPOSED A MODEST

INCREASE IN TAXES ON LARGE CORPORATE PROFITS THAT WOULD HAVE RAISED

$865 MILLION IN ITS FIRST YEAR AND $1.96 BILLION IN THE NEXT. FIVE

REVENUE BILLS WERE INTRODUCED IN BOTH HOUSES THAT TOGETHER WOULD HAVE

RAISED TENS OF BILLIONS OF DOLLARS. WE COULD HAVE INCREASED THE

MEDICAID BUDGET, GIVEN MINIMUM WAGE WORKERS AND HOME CARE

WORKERS THE RAISE THEY DESPERATELY NEED. WE COULD HAVE FUNDED A

UNIVERSAL SCHOOL MEAL PROGRAM. WE COULD HAVE INVESTED IN THOSE WHO

MATTER, WHOSE HARD WORK AND RESILIENCE MAKE NEW YORK WHAT IT IS.

INSTEAD THE GOVERNOR CHOSE TO PROTECT MILLIONAIRES AND CORPORATIONS.

THE RICH AREN'T LEAVING. EVERYDAY NEW YORKERS ARE AND IT'S THEM THAT

WE MUST PROTECT. I'LL BE VOTING ON THE NEGATIVE, THANK YOU.

ACTING SPEAKER AUBRY: MS. SHRESTHA IN THE

NEGATIVE.

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NYS ASSEMBLY MAY 1, 2023

MR. MAMDANI.

MR. MAMDANI: NEW YORKERS ARE STRUGGLING.

MILLIONS CANNOT AFFORD TO PAY FOR THEIR RENT, ACCESS ADEQUATE HEALTH

CARE OR GET A COLLEGE DEGREE. ONE IN TEN STUDENTS IN THE NEW YORK CITY

PUBLIC SCHOOL SYSTEM EXPERIENCED HOMELESSNESS LAST YEAR. THIS IS THE

MOST UNEQUAL STATE IN THE NATION. IF EVER THERE WAS A TIME TO TAX THE

RICH, IT IS NOW. THE BUDGET PROCESS IS OUR OPPORTUNITY TO ADDRESS NEW

YORKERS' NEEDS. PROVIDING ECONOMIC RELIEF AND INVESTING IN PUBLIC

GOODS AND SERVICES WAS POSSIBLE. ALL THAT WAS REQUIRED WAS A DECISION

TO TAX THE WEALTHIEST AMONG US TO MAKE SURE THAT THEY PAY THEIR FAIR

SHARE. OUR GOVERNOR SAID A KEY GOAL OF HER BUDGET WAS TO MAKE NEW

YORK MORE AFFORDABLE. YET SHE REFUSED TO DO THIS EVEN AS THE

ASSEMBLY, THE PEOPLE'S HOUSE, PROPOSED RAISING TAXES ON NEW YORKERS

WHO MAKE MORE THAN $5 MILLION A YEAR AND CORPORATIONS WITH PROFITS

ABOVE THAT SAME AMOUNT. WE COULD HAVE USED THIS MONEY TO FUND

VOUCHERS FOR HOMELESS CONSTITUENTS, REJECT TUITION INCREASES FOR

UNDOCUMENTED NEW YORKERS OR ADEQUATELY PAY HOME CARE WORKERS. A

BUDGET TELLS YOU EVERYTHING THAT YOU NEED TO KNOW ABOUT A

GOVERNMENT'S PRIORITIES. THIS YEAR GOVERNOR KATHY HOCHUL MADE HERS

CLEAR. AT A TIME WHEN THE COST OF LIVING HAS INCREASED AND NEW

YORKERS ARE BEING CRUSHED, SHE HAS FAILED OUR CONSTITUENTS ACROSS THE

STATE. I ENVISION A NEW YORK IN WHICH PUBLIC EDUCATION IS EXCELLENT

AND FREE IN WHICH EVERY FAMILY HAS ACCESS TO CHILDCARE. AND IN WHICH

THE MINIMUM WAGE IS A LIVING WAGE. THAT NEW YORK IS WITHIN REACH IF

WE TAX THE RICH. I WILL BE VOTING IN THE NEGATIVE. THANK YOU.

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NYS ASSEMBLY MAY 1, 2023

ACTING SPEAKER AUBRY: MR. MAMDANI IN THE

NEGATIVE.

MR. NOVAKAHOV.

MR. NOVAKHOV: THANK YOU, MR. SPEAKER. IT'S

NOT ONLY THE POOR WHO LEAVE THE STATE, IT'S NOT ONLY THE RICH WHO LEAVE

OUR STATE, IT'S ALSO THE SMOKERS WHO LEAVE OUR STATE BECAUSE BUYING A

PACK OF CIGARETTES IS SOMETHING. AND I JUST WANT -- I HAVE SOME DATA

ON CIGARETTES. SO FROM 2006 TO 2020 NEW YORK STATE TAX ROSE 190

PERCENT. THE NUMBER OF ILLEGAL CIGARETTES THAT ARE SOLD IN NEW YORK

STATE IS 53.5 PERCENT, THIS IS DATA FROM 2020 COMPARED TO LEGAL. SO

PEOPLE ARE BUYING MORE ILLEGAL CIGARETTES THAT WERE SMUGGLED FROM

OTHER STATES THAN LEGAL CIGARETTES. AND RAISING ANOTHER DOLLAR ON A PACK

IS NOT -- UNFORTUNATELY IS NOT GOING TO HELP QUIT SMOKING. I USED TO -- I

WAS A SMOKER. I QUIT SMOKING NOT BECAUSE THE CIGARETTES WERE

EXPENSIVE BUT BECAUSE OF, YOU KNOW, THE HEALTH ISSUES. AND JUST FOR

YOUR INFORMATION, THE STATE IS LOSING OVER $1.3 BILLION IN TAXES BECAUSE

OF THE SMUGGLED CIGARETTES FROM OTHER STATES. THE CIGARETTE TAX IS NOT

GOING TO HELP US EARN MORE MONEY. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, MR.

NOVAKHOV. AS ONE SMOKER THAT QUIT TO ANOTHER SMOKER THAT QUIT, THANK

YOU VERY MUCH. MR. NOVAKAHOV IN THE NEGATIVE.

MR. PIROZZOLO.

MR. PIROZZOLO: THANK YOU, MR. SPEAKER. YOU

KNOW I SIT HERE AND I KIND OF CHUCKLE A LITTLE BIT OF, YOU KNOW, WE DON'T

TAX THIS ONE, WE SHOULD TAX THE RICH, WE SHOULD TAX THIS, WE SHOULDN'T

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NYS ASSEMBLY MAY 1, 2023

DO THIS. WHAT WE REALLY SHOULD DO IS STOP TAXING EVERYONE. TAXES ARE

UNAFFORDABLE IN NEW YORK STATE. BUSINESS TAXES ARE CRAZY, REAL ESTATE

TAXES ARE CRAZY, PROPERTY TAX, YOU NAME IT, WE HAVE TOO MANY TAXES. IF

YOU WANT PEOPLE TO STAY HERE, LIVE, EARN AND RAISE THEIR FAMILIES, GIVE

THEM AN OPPORTUNITY TO MAKE MONEY AND SPEND THAT MONEY IN THIS

COMMUNITY. ALL WE ARE DOING AS AN ASSEMBLY IS INVITING IN LARGE

CORPORATIONS WHO CAN AFFORD TO PAY THESE TAXES AND TAKE THAT MONEY

AND THEY LEAVE NEW YORK STATE BECAUSE OF US. SO IF YOU WANT TO HAVE

A CONVERSATION ON TAXES, LET'S HAVE A CONVERSATION ON STOP TAXING NEW

YORK RESIDENTS. THANK YOU, MR. SPEAKER. THAT IS WHY I'M VOTING NO.

IT'S A TAX ISSUE.

ACTING SPEAKER AUBRY: MR. PIROZZOLO IN THE

NEGATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, WILL YOU

PLEASE CALL THE WAYS AND MEANS COMMITTEE TO THE SPEAKER'S

CONFERENCE ROOM?

ACTING SPEAKER AUBRY: WAYS AND MEANS,

SPEAKER'S CONFERENCE ROOM IMMEDIATELY.

MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU

WOULD PLEASE PUT THE HOUSE AT EASE.

ACTING SPEAKER AUBRY: AND THE HOUSE WILL

220

NYS ASSEMBLY MAY 1, 2023

STAND AT EASE.

MRS. PEOPLES-STOKES: THANK YOU, SIR.

ACTING SPEAKER AUBRY: YOU'RE WELCOME,

MA'AM.

(WHEREUPON, AT 7:54 P.M. THE HOUSE STOOD AT EASE)

**************************************

PAGE 3, RULES REPORT NO. 128, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A06685, RULES REPORT

NO. 128, WEINSTEIN. AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF

GOVERNMENT; AND TO AMEND CHAPTER 121 OF THE LAWS OF 2023, RELATING

TO MAKING APPROPRIATIONS FOR THE SUPPORT OF GOVERNMENT, IN RELATION

THERETO; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON

EXPIRATION THEREOF.

ACTING SPEAKER AUBRY: GOVERNOR'S MESSAGE

IS AT THE DESK, THE CLERK WILL READ.

THE CLERK: I HEREBY CERTIFY TO AN IMMEDIATE VOTE,

KATHY HOCHUL, GOVERNOR.

ACTING SPEAKER AUBRY: MR. RA.

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

WEINSTEIN YIELD?

ACTING SPEAKER AUBRY: MS. WEINSTEIN, WILL

YOU YIELD?

MS. WEINSTEIN: YES.

MR. RA: THANK YOU. I FIGURED RATHER THAN ASK FOR AN

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NYS ASSEMBLY MAY 1, 2023

EXPLANATION, SOME OF THOSE QUESTIONS I JUST HAD, SO IF WE CAN GO

THROUGH THOSE QUICK, BASIC DETAILS AS WE HAVE ON PREVIOUS EXTENDERS SO

JUST IN TERMS OF TIME FRAME. THIS AGAIN WILL COVER FROM THE PERIOD OF

THE START OF THE FISCAL YEAR THROUGH WHEN?

MS. WEINSTEIN: MAY -- THROUGH MAY 4TH.

MR. RA: OKAY. AND WHAT IS THE APPROPRIATION

WITHIN THE BILL AND THEN HOW DOES IT COMPARE TO PREVIOUS -- OUR

PREVIOUS EXTENDER BILL?

MS. WEINSTEIN: SO THE -- THIS BILL IS 1.353 BILLION.

THAT REPRESENTS 284 MILLION IN NEW APPROPRIATION AND THEN THE NET

CHANGE IS 3.27 BILLION.

MR. RA: OKAY. SO I NOTICE -- I MEAN THERE'S

BASICALLY ONE PAYMENT IN THIS FOR PAYROLL. SO WOULD THIS EXTENDER BE

UNNECESSARY IF WE WERE TO PASS THE STATE OPERATIONS BILL BEFORE THE

COMPTROLLER'S TUESDAY NOON DEADLINE?

MS. WEINSTEIN: YES.

MR. RA: OKAY. AND CONSIDERING THAT IS THE ONLY BILL

I BELIEVE NOT INDEXED OR NOT AMENDED AT THIS POINT, DO YOU KNOW WHEN

WE MIGHT SEE THAT STATE OPERATIONS BILL?

MS. WEINSTEIN: WE HAVEN'T -- THAT BILL HAS NOT

BEEN RELEASED BY THE EXECUTIVE YET.

MR. RA: BUT IT IS COMPLETE?

MS. WEINSTEIN: YES.

MR. RA: OKAY. THANK YOU, MADAM CHAIR. THANK

YOU, MR. SPEAKER.

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NYS ASSEMBLY MAY 1, 2023

ACTING SPEAKER AUBRY: THANK YOU, MR. RA.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MR. GOODELL.

MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD

YOU CALL ON MR. NORRIS FOR AN ANNOUNCEMENT?

ACTING SPEAKER AUBRY: MR. NORRIS FOR THE

PURPOSES OF AN ANNOUNCEMENT.

MR. NORRIS: THANK YOU, MR. SPEAKER. THERE WILL

BE A REPUBLICAN CONFERENCE AT 8:40 SHARP VIA ZOOM. 8:40 SHARP, VIA

ZOOM. REPUBLICAN CONFERENCE.

ACTING SPEAKER AUBRY: REPUBLICAN

CONFERENCE, 8:40 SHARP VIA ZOOM.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, DO YOU

HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?

ACTING SPEAKER AUBRY: WE HAVE A NUMBER OF

FINE RESOLUTIONS, WE'LL TAKE THEM UP WITH ONE VOTE.

ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING

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NYS ASSEMBLY MAY 1, 2023

AYE -- OOH, THAT WAS GOOD -- OPPOSED, NO. THE RESOLUTIONS ARE ADOPTED.

(WHEREUPON, ASSEMBLY RESOLUTION NOS. 378-385

WERE UNANIMOUSLY ADOPTED.)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: I NOW MOVE THAT THE

ASSEMBLY STAND ADJOURNED AND WE RECONVENE TOMORROW, TUESDAY,

MAY THE 2ND AT 11:00 A.M.

ACTING SPEAKER AUBRY: THE ASSEMBLY IS

RECONVENING AT 11:00 A.M. AND WE ARE NOW ADJOURNED.

(WHEREUPON, AT 8:24 P.M., THE ASSEMBLY STOOD

ADJOURNED UNTIL TUESDAY, MAY 2ND AT 11:00 A.M., TUESDAY BEING A

SESSION DAY.)

224