WEDNESDAY, MAY 7, 2025 11:12 A.M.
ACTING SPEAKER HUNTER: THE HOUSE WILL
COME TO ORDER.
GOOD MORNING, COLLEAGUES. TODAY IS THE DAY.
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 MEMBERS IN THE PLEDGE OF
ALLEGIANCE.
(WHEREUPON, ACTING SPEAKER HUNTER LED VISITORS AND
MEMBERS IN THE PLEDGE OF ALLEGIANCE.)
A QUORUM BEING PRESENT, THE CLERK WILL READ THE
JOURNAL OF TUESDAY, MAY 6TH.
MRS. PEOPLES-STOKES.
1
NYS ASSEMBLY MAY 7, 2025
MRS. PEOPLES-STOKES: MADAM SPEAKER, I MOVE
TO DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF TUESDAY, MAY
THE 6TH AND THAT THE SAME STAND APPROVED.
ACTING SPEAKER HUNTER: WITHOUT OBJECTION,
SO ORDERED.
MRS. PEOPLES-STOKES: THANK YOU.
I'D LIKE TO SHARE A QUOTE FOR TODAY. THIS ONE COMES
FROM HENRY FORD. MOST OF US HAVE HEARD THAT NAME BEFORE. HE'S AN
AMERICAN INDUSTRIALIST AND BUSINESSMAN, AND THE FOUNDER OF THE FORD
MOTOR COMPANY. HE IS CREDITED AS A PIONEER IN MAKING AUTOMOBILES
AFFORDABLE FOR THE MIDDLE-CLASS AMERICANS. HIS WORDS FOR US TODAY:
"COMING TOGETHER IS A BEGINNING. KEEPING TOGETHER IS PROGRESS.
WORKING TOGETHER IS SUCCESS." SO LET US BEGIN OUR WORK TODAY.
MADAM SPEAKER, COLLEAGUES HAVE ON THEIR DESK A
MAIN CALENDAR. BEFORE ANY HOUSEKEEPING OR INTRODUCTIONS, WE'RE
GONNA BE CALLING FOR THE FOLLOWING COMMITTEES TO MEET: WAYS AND
MEANS, FOLLOWED BY RULES. THESE COMMITTEES ARE GONNA PRODUCE AN
A-CALENDAR OF WHICH WE WILL TAKE UP TODAY. WE'LL BE TAKING UP
CALENDAR RESOLUTIONS AT THE END OF THE DAY. I WILL ANNOUNCE ANY FURTHER
FLOOR ACTIVITY AS WE PROCEED.
WE EXPECT A VERY BUSY AND PRODUCTIVE DAY AHEAD OF
US. I WANT TO THANK MY COLLEAGUES IN ADVANCE FOR THEIR CONTINUED
PATIENCE AND COOPERATION AS WE MOVE FORWARD TO ADOPT OUR STATE
BUDGET.
WITH THAT AS A GENERAL OUTLINE, MADAM SPEAKER, LET US
2
NYS ASSEMBLY MAY 7, 2025
BEGIN BY CALLING THE WAYS AND MEANS COMMITTEE TO THE SPEAKER'S
CONFERENCE ROOM.
ACTING SPEAKER HUNTER: WAYS AND MEANS
COMMITTEE TO THE SPEAKER'S CONFERENCE ROOM. WAYS AND MEANS
COMMITTEE MEMBERS, PLEASE MEET CHAIR PRETLOW IN THE SPEAKER'S
CONFERENCE ROOM.
WE HAVE NO HOUSEKEEPING, NO INTRODUCTIONS.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MADAM SPEAKER, IF WE
COULD STAND AT EASE.
ACTING SPEAKER HUNTER: ON MRS. PEOPLES-
STOKES' MOTION, THE HOUSE STANDS AT EASE.
(WHEREUPON, AT 11:15 A.M., THE HOUSE STOOD AT EASE.)
*****************************
(WHEREUPON, THE HOUSE CAME BACK TO ORDER AT 11:30
A.M.)
ACTING SPEAKER HUNTER: THE HOUSE WILL
COME TO ORDER.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MADAM SPEAKER, WE DO
HAVE A FEW PEOPLE, A FEW OF OUR COLLEAGUES THAT WOULD LIKE TO MAKE
SOME INTRODUCTIONS, AND IMMEDIATELY FOLLOWING THAT WE WILL ADVANCE
THE A-CALENDAR.
ACTING SPEAKER HUNTER: THANK YOU.
3
NYS ASSEMBLY MAY 7, 2025
MS. BUTTENSCHON FOR THE PURPOSES OF AN INTRODUCTION.
MS. BUTTENSCHON: THANK YOU, MADAM SPEAKER.
ON BEHALF OF ASSEMBLYMEMBER [SIC] VANEL,
ZINERMAN, OUR MAJORITY LEADER CRYSTAL PEOPLES-STOKES,
ASSEMBLYMEMBER MILLER AND I, I HAVE THE HONOR AND THE GREAT PLEASURE
TO INTRODUCE THE LUPUS AGENCIES THAT ARE HERE WITH TODAY FOR A LUPUS
AWARENESS EVENT. THE LUPUS AND ALLIED DISEASE [SIC] ASSOCIATION
HAVE RUN THIS EVENT FOR THE LAST 17 YEARS BY THE AMAZING KATHLEEN
ARNTSEN THAT IS THE LEADER WITH HER HUSBAND DAVID. THE LUPUS AND
ALLIED DISEASE [SIC] ASSOCIATION IS AN ALL-VOLUNTEER ORGANIZATION THAT
RUNS OUT OF KATHLEEN'S HOME AND HAS DONATED OVER $2.9 MILLION TO
VARIOUS RESEARCH INSTITUTES ACROSS THE STATE. THEY'RE ALSO HERE WITH
MANY OTHER INDIVIDUALS, WITH THE MASONIC MEDICAL RESEARCH INSTITUTE
FROM UTICA, NEW YORK, AS WELL AS ACROSS THE STATE OF NEW YORK WITH
MANY THAT FACE THIS CHALLENGE AS WELL AS SUPPORT THOSE WITH THIS
CHALLENGE.
I WANT TO THANK YOU ALL FOR COMING TO ALBANY TODAY,
AND YOUR CONTINUOUS DEDICATION AND SUPPORT FOR THOSE THAT FACE THIS
CHALLENGE OF LUPUS AND THE CONDUCTED RESEARCH THAT IS BEING DONE
DAILY.
THANK YOU.
ACTING SPEAKER HUNTER: ON BEHALF OF MS.
BUTTENSCHON, MEMBERS VANEL, MILLER, ZINERMAN AND MAJORITY LEADER
CRYSTAL PEOPLES-STOKES AND THE SPEAKER, WE WELCOME YOU TO THE
CHAMBER, EXTEND THE PRIVILEGES OF THE FLOOR TO YOU. THANK YOU SO VERY
4
NYS ASSEMBLY MAY 7, 2025
MUCH FOR THE WORK THAT YOU DO ADVOCATING FOR LUPUS AWARENESS AND
THANK YOU FOR JOINING US.
(APPLAUSE)
MR. BLANKENBUSH FOR THE PURPOSES OF AN INTRODUCTION.
MR. BLANKENBUSH: THANK YOU, MADAM
SPEAKER, FOR AN INTRODUCTION.
TODAY, IF YOU'VE NOTICED IN THE WELL AND AROUND THE
LOB, THAT YOU SAW MEMBERS OF THE FORT DRUM 10TH MOUNTAIN
DIVISION, AND THEY'RE HERE TODAY IN OUR ASSEMBLY. THE GENERAL JUST
SPOKE AT THE SENATE. THEY HAVE SEVERAL MEETINGS TODAY SCHEDULED WITH
LEADERSHIP. AND JUST FOR -- FOR -- TO -- FOR EVERYBODY TO KNOW, THAT FORT
DRUM IS IN PARTNERSHIP TODAY WITH ASSEMBLYMAN GRAY, SENATOR
WALCZYK AND MYSELF. MOST OF FORT DRUM IS IN THE 117TH DISTRICT,
WHICH IS MY DISTRICT. BUT OBVIOUSLY, WE SHARE PARTS OF FORT DRUM WITH
EACH OTHER.
AND JUST TO GIVE YOU A LITTLE BIT OF HISTORY, FORT DRUM,
JUST THE ECONOMIC IMPACT OF THE NORTH COUNTRY IS $2.55 BILLION FOR THE
LAST FISCAL YEAR. THE OTHER THING ABOUT FORT DRUM, TOO, IS THEY USE A LOT
OF THE CIVILIAN -- OUR CIVILIAN FACILITIES. FOR EXAMPLE, FORT DRUM
DOESN'T HAVE A HOSPITAL ON ITS BASE. SO FORT DRUM SOLDIERS AND THEIR
FAMILIES USE -- USE OUR HOSPITALS. THERE'S NO SCHOOL IN FORT DRUM. SO
THERE'S A COUPLE HIGH SCHOOLS THAT SHARE THE FAMILIES WITH -- WITH FORT
DRUM.
FORT DRUM IS A VERY COMMUNITY-ORIENTED FORT. THE
MEMBERS SHARE IN DIFFERENT THINGS LIKE MEMORIAL DAY AND ALL THE
5
NYS ASSEMBLY MAY 7, 2025
THINGS. THE FORT DRUM BAND PARTICIPATES IN -- IN A LOT OF OUR PARADES
IN THE NORTH COUNTRY. BUT IT IS A VERY COMMUNITY-ORIENTED -- WE HAVE
REALLY GREAT RELATIONSHIPS WITH FORT DRUM. AND TODAY I HAVE -- ALONG
WITH ALL THE REST OF THEM I WANT TO INTRODUCE - SINCE I DON'T HAVE TIME TO
INTRODUCE EVERYBODY - WE HAVE BRIGADIER GENERAL - IF I DON'T MESS THIS
UP - BRIGADIER GENERAL JOSEPH ESCACON -- ESCANDON. WE HAVE
COLONEL MATTHEW MAYER. WE HAVE CHAPLAIN COLONEL JAMES LESTER.
AND WE HAVE SERGEANT MAJOR JOHN FOLGER.
IF YOU'D PLEASE, WOULD YOU WELCOME THEM TO THE
ASSEMBLY CHAMBER? AS AN EX-ARMY ENLISTED PERSON, I KNOW YOU
APPRECIATE THE ARMY AND I WOULD LIKE TO HAVE YOU INTRODUCE -- OR
WELCOME THEM TO THE CHAMBER.
ACTING SPEAKER HUNTER: THANK YOU.
ON BEHALF OF MR. BLANKENBUSH, ASSEMBLYMEMBER
GRAY, THE SPEAKER AND ALL MEMBERS, WELCOME, GENERAL, COLONEL AND
ALL OF THE REST OF OUR VISITORS FROM THE ARMY BASE, THE FORT DRUM 10TH
MOUNTAIN DIVISION. WE APPRECIATE YOU BEING HERE TODAY, EXTEND THE
PRIVILEGES OF THE FLOOR TO YOU. ALWAYS HAPPY TO SEE OUR ARMY
MEMBERS HERE IN THE ASSEMBLY CHAMBER. THANK YOU SO VERY MUCH
FOR JOINING US TODAY.
(APPLAUSE)
MRS. PEOPLES-STOKES FOR THE PURPOSES OF AN
INTRODUCTION.
MRS. PEOPLES-STOKES: THANK YOU, MADAM
SPEAKER. IF YOU WOULD ALLOW ME THE OPPORTUNITY TO -- I SHOULD GIVE
6
NYS ASSEMBLY MAY 7, 2025
YOU THE OPPORTUNITY, RATHER, TO WELCOME OUR FORMER COLLEAGUE, ONCE A
COLLEAGUE, ALWAYS A COLLEAGUE, PHIL GOLDFEDER TO OUR CHAMBERS TODAY.
ACTING SPEAKER HUNTER: ON BEHALF OF THE
MAJORITY LEADER, THE SPEAKER AND ALL MEMBERS, WELCOME, PHIL.
WELCOME BACK. WE SEE YOU VERY OFTEN, BUT IT'S ALWAYS GLAD TO SEE YOU
IN THE CHAMBER AS AN EXCEPTIONAL, EXCEPTIONAL MEMBER. I EXTEND TO
YOU THE PRIVILEGES OF THE FLOOR, WE LOOK FORWARD TO SEEING YOU IN OUR
HALLS ALWAYS. THANK YOU SO VERY MUCH FOR JOINING US AGAIN TODAY.
(APPLAUSE)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MADAM SPEAKER,
MEMBERS HAVE ON THEIR DESK A MAIN -- A-CALENDAR, AND I WOULD LIKE TO
ADVANCE THAT A-CALENDAR.
ACTING SPEAKER HUNTER: ON A MOTION BY
MRS. PEOPLES-STOKES, THE A-CALENDAR IS ADVANCED.
MEMBERS, WE'RE GETTING READY TO BE ON DEBATE. IF
EVERYONE COULD TAKE THEIR SEATS OR LEAVE IF YOU'RE LEAVING, THAT WOULD
BE AWESOME.
PAGE 3, RULES REPORT 179, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A03005-C, RULES
REPORT NO. 179, 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
7
NYS ASSEMBLY MAY 7, 2025
THE GEOGRAPHIC AREA OF EMPLOYMENT OF CERTAIN POLICE OFFICERS, IN
RELATION TO EXTENDING THE EXPIRATION OF SUCH CHAPTER; TO AMEND CHAPTER
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 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 APPROPRIATIONS
MADE BY CHAPTER 50 OF THE LAWS OF 1994 ENACTING THE STATE
OPERATIONS BUDGET, 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 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
8
NYS ASSEMBLY MAY 7, 2025
CHAPTER; TO AMEND THE VEHICLE AND TRAFFIC LAW, IN RELATION TO
EXTENDING THE EXPIRATION OF THE MANDATORY SURCHARGE AND 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 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 CHAPTER 222 OF THE LAWS OF 1994
CONSTITUTING 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 CHAPTER 3 OF THE LAWS OF 1995,
ENACTING THE SENTENCING REFORM ACT OF 1995, IN RELATION TO EXTENDING
THE EXPIRATION OF CERTAIN PROVISIONS OF SUCH CHAPTER; TO AMEND CHAPTER
9
NYS ASSEMBLY MAY 7, 2025
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 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 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 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 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); TO AMEND THE PUBLIC OFFICERS LAW, IN RELATION TO
RESIDENCY REQUIREMENTS FOR CERTAIN POSITIONS AS A CORRECTION OFFICER; TO
AMEND THE RETIREMENT AND SOCIAL SECURITY LAW, IN RELATION TO
MANDATORY RETIREMENT FOR CERTAIN MEMBERS OR OFFICERS OF THE STATE
10
NYS ASSEMBLY MAY 7, 2025
POLICE; TO AMEND THE EXECUTIVE LAW, IN RELATION TO ELIGIBILITY FOR
APPOINTMENT AS A SWORN MEMBER OF THE STATE POLICE; AND TO AMEND THE
CIVIL SERVICE LAW, IN RELATION TO THE REQUIREMENTS FOR APPOINTMENT OF
POLICE OFFICERS (PART C); INTENTIONALLY OMITTED (PART D); INTENTIONALLY
OMITTED (PART E); INTENTIONALLY OMITTED (PART F); TO AMEND THE
EXECUTIVE LAW, IN RELATION TO EXPANDING SUPPORT SERVICES FOR VICTIMS
OF FINANCIAL ABUSE AND HOMICIDE (PART G); TO AMEND THE EXECUTIVE LAW
AND THE PUBLIC HEALTH LAW, IN RELATION TO EXPANDING PROTECTIONS AND
SERVICES TO SURVIVORS OF SEXUAL ASSAULT (PART H); TO AMEND THE SOCIAL
SERVICES LAW, IN RELATION TO PUBLIC ASSISTANCE FOR SURVIVORS OF GENDER-
BASED VIOLENCE; AND TO REPEAL SUBDIVISION 4 OF SECTION 349-A OF THE
SOCIAL SERVICES LAW RELATING THERETO (PART I); TO AMEND THE STATE
FINANCE LAW AND THE EXECUTIVE LAW, IN RELATION TO A MODEL GENDER-
BASED VIOLENCE AND THE WORKPLACE POLICY (PART J); INTENTIONALLY OMITTED
(PART K); TO AMEND THE PENAL LAW, IN RELATION TO ARTIFICIAL
INTELLIGENCE-GENERATED CHILD SEXUAL ABUSE MATERIAL (PART L);
INTENTIONALLY OMITTED (PART M); INTENTIONALLY OMITTED (PART N);
INTENTIONALLY OMITTED (PART O); INTENTIONALLY OMITTED (PART P); 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 Q); TO AMEND THE
PUBLIC AUTHORITIES LAW, IN RELATION TO THE BONDING LIMIT OF THE NEW
YORK CITY TRANSITIONAL FINANCE AUTHORITY (PART R); TO AMEND THE REAL
PROPERTY TAX LAW AND THE ADMINISTRATIVE CODE OF THE CITY OF NEW
YORK, IN RELATION TO THE INDUSTRIAL AND COMMERCIAL ABATEMENT
11
NYS ASSEMBLY MAY 7, 2025
PROGRAM (PART S); INTENTIONALLY OMITTED (PART T); INTENTIONALLY OMITTED
(PART U); TO AMEND THE CIVIL SERVICE LAW, IN RELATION TO EXTENDING THE
WAIVER OF CERTAIN STATE CIVIL SERVICE EXAMINATION FEES; AND TO AMEND
PART EE OF CHAPTER 55 OF THE LAWS OF 2023, AMENDING THE CIVIL
SERVICE LAW RELATING TO WAIVING STATE CIVIL SERVICE EXAMINATION FEES
BETWEEN JULY 1, 2023 AND DECEMBER 31, 2025, IN RELATION TO THE
EFFECTIVENESS THEREOF (PART V); TO AMEND THE STATE FINANCE LAW, IN
RELATION TO PROVIDING FOR AN ALTERNATE PAYMENT ELECTION FOR CERTAIN
EMPLOYEES; AND PROVIDING FOR THE REPEAL OF CERTAIN PROVISIONS OF SUCH
LAW RELATING THERETO (PART W); INTENTIONALLY OMITTED (PART X); TO AMEND
CHAPTER 60 OF THE LAWS OF 2015, CONSTITUTING THE INFRASTRUCTURE
INVESTMENT ACT, IN RELATION TO CONSTRUCTION MANAGER AS CONSTRUCTOR
CONTRACTS (PART Y); INTENTIONALLY OMITTED (PART Z); TO AMEND THE
WORKERS' COMPENSATION LAW, IN RELATION TO MEDICAL PROVIDERS ENTITLED
TO RENDER EMERGENCY CARE AND TREATMENT IN CASES OF A WORKERS'
COMPENSATION INJURY (PART AA); INTENTIONALLY OMITTED (PART BB); TO
AMEND THE WORKERS' COMPENSATION LAW, IN RELATION TO TEMPORARY
PAYMENT OF COMPENSATION FOR MEDICAL TREATMENT AND CARE (PART CC);
INTENTIONALLY OMITTED (PART DD); INTENTIONALLY OMITTED (PART EE);
INTENTIONALLY OMITTED (PART FF); TO AMEND THE CORRECTION LAW, IN
RELATION TO ADDRESSING ACCOUNTABILITY WITHIN THE DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION (PART GG); TO AMEND THE
CORRECTION LAW, IN RELATION TO THE FUNCTIONS, POWERS AND DUTIES OF THE
STATE COMMISSION OF CORRECTION (PART HH); INTENTIONALLY OMITTED (PART
II); TO AMEND CHAPTER 729 OF THE LAWS OF 2023, CONSTITUTING THE NEW
12
NYS ASSEMBLY MAY 7, 2025
YORK STATE COMMUNITY COMMISSION ON REPARATIONS REMEDIES, IN
RELATION TO EXTENDING THE TIME THE NEW YORK STATE COMMUNITY
COMMISSION ON REPARATIONS REMEDIES HAS TO SUBMIT A WRITTEN REPORT
OF ITS FINDINGS AND RECOMMENDATIONS TO THE LEGISLATURE AND THE
GOVERNOR (PART JJ); ENACTING THE "OAK ORCHARD WASTEWATER PROJECT
DESIGN-BUILD ACT"; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS
UPON EXPIRATION THEREOF (PART KK); TO AMEND THE JUDICIARY LAW, IN
RELATION TO INCREASING THE AMOUNT OF ALLOWANCE THAT TRIAL AND GRAND
JURORS ARE ENTITLED TO IN EACH COURT OF THE UNIFIED COURT SYSTEM (PART
LL); TO AMEND THE EXECUTIVE LAW, IN RELATION TO ESTABLISHING THE NEW
YORK STATE OFFICE OF GUN VIOLENCE PREVENTION; AND TO REPEAL CERTAIN
PROVISIONS OF THE PUBLIC HEALTH LAW RELATING THERETO (PART MM); TO
AMEND THE NEW YORK CITY CIVIL COURT ACT, IN RELATION TO ADDITIONAL
JUDGES IN THE CIVIL COURT OF THE CITY OF NEW YORK; AND TO AMEND THE
COURT OF CLAIMS ACT, IN RELATION TO INCREASING THE NUMBER OF JUDGES OF
THE COURT OF CLAIMS (PART NN); TO AMEND THE ELECTION LAW AND THE
STATE FINANCE LAW, IN RELATION TO PUBLIC CAMPAIGN FINANCING; AND TO
REPEAL SECTION 11 OF PART ZZZ OF CHAPTER 58 OF THE LAWS OF 2020
AMENDING THE ELECTION LAW RELATING TO PUBLIC FINANCING FOR STATE
OFFICE; AMENDING THE STATE FINANCE LAW RELATING TO ESTABLISHING THE
NEW YORK STATE CAMPAIGN FINANCE FUND; AND AMENDING THE TAX LAW
RELATING TO ESTABLISHING THE NYS CAMPAIGN FINANCE FUND CHECK-OFF,
RELATING TO THE SEVERABILITY OF THE PROVISIONS THEREOF (PART OO); TO
AMEND THE LEGISLATIVE LAW, IN RELATION TO DELAYING IMPLEMENTING
CERTAIN RESTRICTIONS ON OUTSIDE EARNED INCOME BY MEMBERS OF THE
13
NYS ASSEMBLY MAY 7, 2025
LEGISLATURE UNTIL JANUARY 1, 2027 (PART PP); TO AMEND THE ELECTION
LAW, IN RELATION TO REQUIRING THAT CANDIDATES FOR THE OFFICES OF GOVERNOR
AND LIEUTENANT GOVERNOR ARE DESIGNATED AND VOTED ON JOINTLY (PART QQ);
TO AMEND THE EXECUTIVE LAW, IN RELATION TO CIVIL ENFORCEMENT ACTIONS
INITIATED BY THE ATTORNEY GENERAL (PART RR); TO AMEND THE RETIREMENT
AND SOCIAL SECURITY LAW, IN RELATION TO THE RESTORATION OF 20 -YEAR
SERVICE RETIREMENT FOR NEW YORK CITY POLICE OFFICERS (PART SS); TO
AMEND THE RETIREMENT AND SOCIAL SECURITY LAW, IN RELATION TO
ESTABLISHING A 25-YEAR RETIREMENT PLAN FOR FIREFIGHTERS EMPLOYED BY THE
DIVISION OF MILITARY AND NAVAL AFFAIRS (PART TT); TO AMEND THE
RETIREMENT AND SOCIAL SECURITY LAW, IN RELATION TO REMOVING ELIGIBILITY
OR RECEIPT OF PRIMARY SOCIAL SECURITY DISABILITY BENEFITS AS A CONDITION
FOR ORDINARY DISABILITY RETIREMENT FOR CERTAIN MEMBERS (PART UU); 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 VV); TO AMEND THE CRIMINAL PROCEDURE LAW, THE
EXECUTIVE LAW AND THE MENTAL HYGIENE LAW, IN RELATION TO VIRTUAL
APPEARANCES IN CERTAIN CRIMINAL PROCEEDINGS; TO REPEAL CERTAIN
PROVISIONS OF THE CRIMINAL PROCEDURE LAW RELATING THERETO; AND
PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION THEREOF
(PART WW); TO AMEND THE ADMINISTRATIVE CODE OF THE CITY OF NEW
YORK, IN RELATION TO PROMOTIONS OF POLICE DETECTIVES, SERGEANTS, AND
LIEUTENANTS FOR RETIREMENT PURPOSES (PART XX); TO AMEND THE
14
NYS ASSEMBLY MAY 7, 2025
RETIREMENT AND SOCIAL SECURITY LAW, IN RELATION TO ESTABLISHING
ALTERNATIVE 20- AND 25-YEAR PLANS FOR CERTAIN OFFICERS OF STATE LAW
ENFORCEMENT (PART YY); TO AMEND THE CORRECTION LAW, IN RELATION TO
LOWERING THE MINIMUM HIRING AGE FOR CORRECTION OFFICERS (PART ZZ); TO
AMEND CHAPTER 141 OF THE LAWS OF 1994, AMENDING THE LEGISLATIVE
LAW AND THE STATE FINANCE LAW RELATING TO THE OPERATION AND
ADMINISTRATION OF THE LEGISLATURE, IN RELATION TO EXTENDING SUCH
PROVISIONS (PART AAA); AND IN RELATION TO AUTHORIZING THE DEPARTMENT
OF CORRECTIONS AND COMMUNITY SUPERVISION TO CLOSE UP TO THREE
CORRECTIONAL FACILITIES IN THE 2025-2026 STATE FISCAL YEAR; AND PROVIDING
FOR THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION THEREOF (PART BBB).
ACTING SPEAKER HUNTER: 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 HUNTER: AN EXPLANATION HAS
BEEN REQUESTED.
MR. PRETLOW.
MR. PRETLOW: YES, MADAM SPEAKER. AFTER MANY
WEEKS OF HARD WORK AND NEARLY AS MANY EXTENDERS, TODAY WE BEGIN THE
PROCESS OF ADOPTING THE BUDGET FOR STATE FISCAL YEAR '25-'26. THE INPUT
OF OUR MEMBERS HAS GUIDED THE DISCUSSIONS THAT HAVE LED TO THIS
LEGISLATION. I WOULD LIKE TO EXTEND MY GRATITUDE TO THE MANY
INDIVIDUALS WHO HAVE HELPED US GET TO THIS POINT. ON BEHALF OF THE
SPEAKER AND MYSELF, I THANK YOU FOR YOUR CONSIDERATION AND
15
NYS ASSEMBLY MAY 7, 2025
CONTRIBUTIONS THROUGHOUT THE PROCESS.
WHILE NUMBERS ARE STILL BEING FINALIZED, THE ENACTED
BUDGET IS EXPECTED TO AUTHORIZE AROUND $254 BILLION IN SPENDING,
$2 BILLION OVER THE EXECUTIVE'S PROPOSAL. THE BUDGET AGREEMENT THAT IS
TAKING SHAPE INCLUDES A PACKAGE OF REVENUE PROPOSALS THAT WILL SAVE
NEW YORK STATE TAXPAYERS A TOTAL OF $2.7 BILLION IN FISCAL YEAR '25-'26,
AND $1.7 BILLION IN FISCAL YEAR '26-'27. IT IS IMPORTANT -- IT IS AN
IMPORTANT STEP FORWARD TO PROVIDING THE PEOPLE THAT WE ALL REPRESENT
SOME RELIEF IN AN OTHERWISE TURBULENT ECONOMIC CLIMATE.
SOME OF THE MAJOR TAX RELIEF PROVISIONS CONTAINED IN
THE OVERALL BUDGET FRAMEWORK INCLUDE PROVIDING A ONE-TIME INFLATION
REFUND, REDUCING TAX RATES FOR WORKING AND MIDDLE-CLASS FAMILIES, AND
ENHANCING THE EMPIRE STATE CHILD CREDIT. THROUGH THESE PROPOSALS,
THE LEGISLATURE DEMONSTRATES OUR CONTINUED COMMITMENT TO ADDRESSING
COST-OF-LIVING CONCERNS THAT HAVE NEGATIVELY IMPACTED MANY IN OUR
COMMUNITIES.
THIS BUDGET PROVIDES $37.1 BILLION IN GENERAL SUPPORT
FOR PUBLIC SCHOOLS, WHICH IS AN INCREASE OF $1.7 BILLION OVER THE PRIOR
FISCAL YEAR. IT INCLUDES CHANGES TO IMPROVE THE FOUNDATION AID
FORMULA, UPDATING METRICS, AS WELL AS GUARANTEEING A MINIMUM 2
PERCENT ANNUAL INCREASE FOR OUR SCHOOL DISTRICTS. THE BUDGET ALSO
INCLUDES SUPPORT FOR UNIVERSAL SCHOOL MEALS FOR ALL STUDENTS. THE
BUDGET PROVIDES FOR FREE TUITION AT SUNY AND CUNY SCHOOLS FOR
INDIVIDUALS PURSUING ASSOCIATE'S DEGREES IN HIGH-DEMAND FIELDS.
ADDITIONAL OPERATING AND CAPITAL INVESTMENTS ARE ALSO INCLUDED FOR
16
NYS ASSEMBLY MAY 7, 2025
PUBLIC COLLEGES AND UNIVERSITIES.
IN HEALTHCARE, THE BUDGET EXPANDS SUPPORT FOR
HOSPITALS AND NURSING HOMES BY PROVIDING INCREASED RATES AND
INCREASED -- INCREASES THE FUNDS FOR FEDERALLY-QUALIFIED HEALTH CLINICS.
THE BUDGET PROVIDES $1.3 BILLION IN MULTI-YEAR SUPPORT FOR THE SAFETY
NET HOSPITAL TRANSPORTATION PROGRAM, AND AN ADDITIONAL $800 MILLION
FOR DISTRESSED AND SAFETY NET HOSPITALS.
FOR YEARS, BUSINESSES AND WORKERS ALIKE HAVE
CONTINUED TO FEEL THE LASTING IMPRINT -- IMPACT OF THE PANDEMIC THROUGH
THE STAGNANT UNEMPLOYMENT INSURANCE BENEFITS AND RISING
UNEMPLOYMENT INSURANCE RATES. THIS BUDGET COMMITS UP TO $8 BILLION
TO SETTLE THE OUTSTANDING UNEMPLOYMENT INSURANCE DEBT, PROVIDING
RELIEF TO BUSINESSOWNERS AND UNEMPLOYED NEW YORKERS ACROSS THE
STATE.
THIS BUDGET RESOLVES A $36 BILLION FUNDING GAP TO
SUPPORT A NEW FIVE-YEAR MTA CAPITAL PLAN. IT ALSO INCLUDES AN
ADDITIONAL $1.1 BILLION FOR A $34.2 BILLION DEPARTMENT OF
TRANSPORTATION FIVE-YEAR CAPITAL PLAN, AS WELL AS INCREASES OF $50
MILLION FOR LOCAL ROADS AND $26 MILLION FOR UPSTATE TRANSIT.
THE BUDGET INCLUDES $1 BILLION TO EXPAND AFFORDABLE
HOUSING IN NEW YORK CITY, AND AFTER MANY YEARS OF ADVOCATING, THE
HOUSING ACCESS VOUCHER PROGRAM WILL BE INCLUDED TO PROVIDE RENTAL
SUPPORT FOR THOSE WHO ARE HOMELESS OR AT RISK AT -- AT HOMELESSNESS
STATEWIDE.
THIS BUDGET ALSO INCLUDES $1 BILLION IN FUNDING FOR
17
NYS ASSEMBLY MAY 7, 2025
CLIMATE MITIGATION CAPITAL PROJECTS, INCLUDING INVESTMENTS TO THE
(INDISCERNIBLE), RESIDENTIAL BUILDINGS, MUNICIPALITIES AND TRANSITIONING
TO CLEAN ENERGY.
IN ORDER TO KEEP UP WITH INCREASING ENROLLMENT IN THE
STATE'S CHILDCARE PROGRAM, THIS BUDGET INCLUDES AN ADDITIONAL $400
MILLION FOR A TOTAL OF $2.2 BILLION FOR CHILDCARE SUBSIDIES.
FINALLY, WE RECOGNIZE THE IMPORTANCE OF ENSURING
WAGES FOR HUMAN SERVICE WORKERS TO CONTINUE TO RISE, INCLUDING $262
MILLION TO PROVIDE A 2.6 PERCENT INFLATIONARY INCREASE.
WITH THAT, MADAM SPEAKER, I WILL CONCLUDE MY
REMARKS. I AM HAPPY TO ANSWER ANY QUESTIONS.
ACTING SPEAKER HUNTER: THANK YOU.
MR. RA.
MR. PRETLOW: I'M NOT FINISHED.
ACTING SPEAKER HUNTER: OH.
MR. PRETLOW: TO THIS WE WOULD ENACT MAJOR
COMPONENTS OF LEGISLATION THAT ARE NECESSARY TO IMPLEMENT STATE FISCAL
YEAR '25-'26 BUDGET AS IT PERTAINS TO PUBLIC PROTECTION AND GENERAL
GOVERNMENT.
ACTING SPEAKER HUNTER: MR. RA.
MR. RA: THANK YOU, MADAM SPEAKER. WILL CHAIR
PRETLOW YIELD?
MR. PRETLOW: YES, I WILL.
ACTING SPEAKER HUNTER: THE CHAIR YIELDS.
MR. RA: THANK YOU, MR. CHAIR. I'M GLAD WE'VE NOW
18
NYS ASSEMBLY MAY 7, 2025
ARRIVED AT THIS POINT OF -- OF TAKING UP THE ACTUAL SUBSTANCE OF THE STATE
BUDGET. THE PROCEDURAL PART OF THE PROCESS, AS -- AS THE GOVERNOR
MIGHT SAY.
SO I JUST WANT TO START WITH YOU -- YOU GAVE AN
OVERVIEW OF THE OVERALL BUDGET AND MENTIONED A LOT OF NUMBERS AND A
LOT OF PROVISIONS. SO, BROADLY SPEAKING, DO WE KNOW WHEN WE'RE
GOING TO SEE A DETAILED FINANCIAL PLAN THAT -- THAT DETAILS ALL OF THOSE
SPENDING NUMBERS?
MR. PRETLOW: THAT IS CURRENTLY BEING FINALIZED.
AS YOU CAN SEE, SINCE WE'RE STARTING TO DO BUDGET BILLS, THAT THERE --
WE'RE VERY CLOSE TO COMING TO THAT FINAL FIGURE.
MR. RA: OKAY. AND WE'RE ANTICIPATING THIS IS GONNA
COME IN AT AROUND $254 BILLION, CORRECT?
MR. PRETLOW: THAT IS CORRECT.
MR. RA: OKAY. AND I -- I BELIEVE YOU MENTIONED
THIS YESTERDAY, BUT PART OF THAT WILL BE THAT MONEY IS COMING OUT OF THE
RESERVES TO DEAL WITH THE UNEMPLOYMENT INSURANCE ISSUE?
MR. PRETLOW: I BELIEVE ALL OF IT IS, BUT YES.
MR. RA: OKAY. AND DO YOU HAVE ANY FURTHER DETAIL
AS TO -- THAT, I BELIEVE, WOULD BE ABOUT $2 BILLION ABOVE WHAT THE
GOVERNOR PROPOSED IN HER EXECUTIVE -- HOW THAT $2 BILLION IS BEING
DIVVIED UP IN DIFFERENT AREAS OF THIS BUDGET?
MR. PRETLOW: WELL, ARE YOU REFERRING TO THE -- THE
PAYMENT OF THE UNEMPLOYMENT INSURANCE?
MR. RA: NO, I'M -- I'M TALKING ABOUT JUST THE
19
NYS ASSEMBLY MAY 7, 2025
INCREASE IN SPENDING FROM THE EXECUTIVE PROPOSAL.
MR. PRETLOW: THAT'S -- THAT'S REALLY TOO -- I COULD
LIST IT FOR YOU, BUT IT WILL TAKE ALL OF YOUR TIME. IT'S DIVIDED UP IN ALL
AREAS OF THE BUDGET. THERE'S NO ONE SPECIFIC PLACE.
MR. RA: OKAY. SO THERE'S NO LARGE --
MR. PRETLOW: NO.
MR. RA: -- INCREASE IN ONE PARTICULAR AREA. OKAY.
SO WE WILL -- I -- I -- I WOULD SAY, THEN, AS WE GET INTO
THE APPROPRIATION BILLS SEE THAT IN VARIOUS AREAS OF THE BUDGET.
MR. PRETLOW: YES.
MR. RA: SO WE'LL TALK ABOUT THAT AS WE GET THERE.
I KNOW WE DON'T HAVE THE DETAILED FINANCIAL PLAN YET.
DO WE HAVE SENSE OF OUT-YEAR GAPS? THE EXECUTIVE BUDGET PROPOSAL
HAD $27 BILLION IN OUT-YEAR GAPS. DO WE HAVE ANY SENSE OF WHERE
THOSE NUMBERS ARE GOING TO BE ONCE THIS BUDGET IS ENACTED?
MR. PRETLOW: THAT'S PART OF WHAT'S BEING
FINALIZED RIGHT NOW.
MR. RA: OKAY. AND THEN THERE HAS BEEN SOME TALK
WITH REGARD TO THIS BUDGET AND WHAT WE MAY BE LOOKING AT IN THE
MONTHS TO COME ONCE THE FEDERAL GOVERNMENT FINISHES THEIR BUDGET
PROCESS.
MR. PRETLOW: YES.
MR. RA: ONE OF THE THINGS THAT HAS BEEN OUT THERE IS
THAT THERE IS THE POTENTIAL FOR THE GOVERNOR TO BE GRANTED AUTHORITY TO
MAKE ADJUSTMENTS UP TO A CERTAIN AMOUNT. IS THAT PROVISION GOING TO
20
NYS ASSEMBLY MAY 7, 2025
BE PART OF THE BUDGET?
MR. PRETLOW: WELL, THAT'S STILL BEING FINALIZED,
BUT NOT IN THIS BILL.
MR. RA: OKAY. SO WE WILL LIKELY SEE THAT IN A -- IN A
LATER BILL.
MR. PRETLOW: YES.
MR. RA: THANK YOU.
OKAY, SO I'M GONNA MOVE ON TO THIS BILL IN PARTICULAR.
SO I ACTUALLY WANT TO START WITH REGARD TO, THERE ARE A NUMBER OF
PROVISIONS DEALING WITH LAW ENFORCEMENT, CORRECTIONS, IN TERMS OF
HIRING AND -- AND RETIREMENT AND -- AND THAT TYPE OF STUFF. SO, ONE OF
WHICH IS ALLOWING 18-YEAR-OLDS TO BECOME CORRECTIONS OFFICERS AFTER
THEY COMPLETE A CIVIL SERVICE TEST WHILE DOCCS IS BELOW 90 PERCENT
STAFFING CAPACITY.
MR. PRETLOW: THAT'S -- THAT'S CORRECT.
MR. RA: DO WE KNOW WHAT OUR CURRENT STAFFING
CAPACITY IS?
MR. PRETLOW: RIGHT NOW WE'RE AT APPROXIMATELY
4,000 COS SHORT, AND THIS IS AN ATTEMPT TO INCREASE THOSE NUMBERS.
THE GOVERNOR HAS REQUESTED THAT THE LEGISLATURE APPROVE, AND WE ARE
BY PASSING THESE BILLS, THE AUTHORITY TO HIRE 18-YEAR-OLDS TO WORK
ACTUALLY BACK OFFICE AND ONLY SUPERVISED IF THEY'RE DEALING WITH ANY OF
THE INCARCERATED.
MR. RA: OKAY. AND MY UNDERSTANDING IS THAT THE
18-YEAR-OLD OFFICERS WOULD, WHEN INTERACTING WITH -- WITH INCARCERATED
21
NYS ASSEMBLY MAY 7, 2025
INDIVIDUALS, WOULD HAVE TO BE SUPERVISED BY --
MR. PRETLOW: YES.
MR. RA: -- A CO OVER 21?
MR. PRETLOW: YES, ABSOLUTELY.
MR. RA: OKAY. SO IS THERE GOING TO BE, THEN, ANY
TYPE OF ENHANCED OR EXTRA TRAINING FOR -- FOR THE 18-YEAR-OLDS?
OBVIOUSLY, THERE -- THERE SEEMS TO BE SOME CONCERN WITH REGARD TO,
YOU KNOW, PUTTING THESE INDIVIDUALS IN -- IN THESE SETTINGS.
MR. PRETLOW: YES. I THINK THEY'RE DOING THE
ADDITIONAL CLASSES IN THE ACADEMY.
MR. RA: OKAY. ONE -- THERE'S ALSO, MY
UNDERSTANDING, A PROVISION WITH REGARD TO ALLOWING OUT-OF-STATE
INDIVIDUALS TO BECOME CORRECTIONS OFFICERS, CORRECT?
MR. PRETLOW: THAT'S ALSO BEING CONSIDERED
BECAUSE, YOU KNOW, MANY OF OUR FACILITIES ARE LOCATED NEAR BORDERS OF
OTHER STATES AND THE POPULATION IS SUCH THAT IT WAS DIFFICULT TO FILL THE
POSITIONS THAT ARE NEEDED.
MR. RA: OKAY. DO WE -- DO YOU KNOW -- THE
LANGUAGE THAT WE'VE SEEN SEEMS TO INDICATE THAT FOR -- IT WOULD BE FOR
CORRECTION OFFICERS THAT YOU DON'T NEED TO MEET THE RESIDENCY
REQUIREMENTS. WHAT HAPPENS IF THAT INDIVIDUAL BECOMES A CORRECTION
OFFICER, DOWN THE LINE TAKES THE TEST TO BECOME A SERGEANT TO GET
PROMOTED? THE LANGUAGE SEEMS UNCLEAR WHETHER THAT PERSON WOULD BE
ELIGIBLE FOR THAT. WOULD THAT PERSON HAVE TO MOVE INTO NEW YORK
STATE TO BE ABLE TO BECOME A SERGEANT OR -- OR A HIGHER OFFICER WITHIN A
22
NYS ASSEMBLY MAY 7, 2025
CORRECTIONAL FACILITY?
MR. PRETLOW: THIS ONLY APPLIES TO CORRECTION
OFFICERS. SO THE QUESTION IS, IF THEY (INAUDIBLE/CROSS-TALK) --
MR. RA: IF THEY WERE TO -- IF THEY WERE TO APPLY --
TAKE THE TEST TO BECOME A SERGEANT, WOULD -- WOULD THEY NOT BE ELIGIBLE
IF THEY'RE OUT-OF-STATE?
(CONFERENCING)
MR. PRETLOW: THEY WOULD NOT HAVE TO BE LIVING
IN THE STATE.
MR. RA: I'M SORRY?
MR. PRETLOW: IF THEY'RE IN A CORRECTIONAL FACILITY
THEY WOULD NOT HAVE TO BE STATE RESIDENTS.
MR. RA: OKAY. THANK YOU.
SOME OF THE OTHER PROVISIONS WITH REGARD TO
CORRECTIONS, OBVIOUSLY WE HAVE A NUMBER OF THINGS THAT WE'VE TALKED
ABOUT IN TERMS OF TRYING TO AID IN RECRUITMENT AND RETENTION OF
CORRECTIONS OFFICERS. AS YOU MENTIONED, WE HAVE, YOU KNOW, 4,000
MEMBERS THAT WE'RE -- THAT WE'RE DOWN.
ONE -- ONE OF THE THINGS THAT'S COME UP IN THE PAST,
AND I BELIEVE IT ACTUALLY PASSED UNANIMOUSLY LAST YEAR, WAS -- WAS THE
DEATH GAMBLE. I KNOW WE -- WE HAVE THIS AGE, OUT-OF-STATE. CAN YOU
EXPLAIN -- WELL, NUMBER ONE, NOTHING IN THAT REGARD WAS INCLUDED,
CORRECT? BECAUSE THE GOVERNOR PREVIOUSLY VETOED IT AND SAID IT WAS
SOMETHING THAT SHOULD BE DONE DURING THE CONTEXT OF THE BUDGET.
MR. PRETLOW: THAT IS NOT INCLUDED IN THE BUDGET.
23
NYS ASSEMBLY MAY 7, 2025
MR. RA: DO YOU KNOW IF THAT WAS ANY CONVERSATION,
GIVEN THAT THE GOVERNOR'S REASON FOR VETOING WAS THAT SHE FELT IT SHOULD
BE A -- A BUDGET?
MR. PRETLOW: IF THERE WAS, I WAS NOT PART OF THAT
CONVERSATION. I CAN'T ANSWER THAT.
MR. RA: OKAY.
AND THEN WITH REGARD TO SOMETHING WE'RE DOING, WE
HAVE A 20-YEAR RETIREMENT PLAN FOR NEW YORK CITY POLICE OFFICERS IN --
IN -- IN THIS BUDGET. THERE WAS A TREMENDOUS CONCERN EXPRESSED THAT
THIS WOULD BE -- WELL, WHILE IT'S, YOU KNOW, SOMETHING I THINK MANY OF
US SUPPORT, THAT NOT INCLUDING CORRECTIONS OFFICERS OR DOING SOMETHING
SIMILAR FOR CORRECTION OFFICERS WOULD BE ANOTHER, BASICALLY, INCENTIVE
FOR PEOPLE THAT ARE CORRECTION OFFICERS NOW AND, PARTICULARLY, YOU
KNOW, AS YOU GET FURTHER DOWNSTATE, TO GO TO A MORE ATTRACTIVE POSITION
WITH THE NYPD. SO WE'RE -- WE'RE NOT DOING ANY TYPE OF 20-YEAR
RETIREMENT FOR THE CORRECTIONS OFFICERS IN OUR STATE PRISONS, CORRECT?
MR. PRETLOW: YES.
MR. RA: NOW, ARE NEW YORK CITY CORRECTIONS
OFFICERS INCLUDED IN THIS LANGUAGE?
MR. PRETLOW: NO. I THINK THEY HAVE THEIR OWN
PENSION SYSTEM.
MR. RA: OKAY. SO IT'S JUST -- IT'S JUST FOR NYPD,
THEN?
MR. PRETLOW: YES. NEW YORK CITY HAS SEVERAL
SEPARATE PENSIONS SYSTEMS; THEY HAVE ONE FOR LIEUTENANTS AND
24
NYS ASSEMBLY MAY 7, 2025
SERGEANTS, THEY HAVE ONE FOR PATROLMEN. THEY HAVE -- THEY HAVE
SEVERAL. ALL OF THEM, BY THE WAY, IN BAD SHAPE.
MR. RA: OKAY.
AND THEN THE DOCCS BODY-WORN CAMERA PROGRAM.
ALL THE CORRECTION OFFICERS, SECURITY SUPERVISORS AND CIVILIAN STAFF AS
REQUIRED BY THE CORRECTIONS COMMISSIONER WILL BE PROVIDED
BODY-WORN CAMERAS. HOW DO YOU ENVISION DOCCS WILL ENSURE
COMPLIANCE WITH THIS POLICY?
MR. PRETLOW: BODY-WORN CAMERAS ARE --
OBVIOUSLY, YOU HAVE THEM ON, AND THERE IS A LIGHT THAT SHOWS THAT THEY
ARE ACTUALLY OPERATING. AND IF AN OFFICER IS SEEN WITHOUT THE CAMERA
THAT AFFIXES TO ONE'S CHEST, IT WOULD BE OBVIOUS THAT THEY'RE NOT IN
COMPLIANCE WITH THE REGULATION, AND WHOMEVER IS THE SUPERVISOR OF
THAT INDIVIDUAL SHOULD TAKE APPROPRIATE ACTION.
MR. RA: AND I GUESS A LOT OF THIS IS GOING TO BE DONE
WITHIN, YOU KNOW, THE PARTICULAR FACILITIES. BUT DO WE KNOW EXACTLY
HOW WE ARE TREATING CIVILIAN STAFF DIFFERENTLY FROM COS WITH REGARD TO
THE BODY-WORN CAMERA PROGRAM?
MR. PRETLOW: WELL, FOR THE MOST PART, CIVILIAN
STAFF AREN'T ALLOWED WITHIN THE CONFINEMENT AREA. THEY'RE IN THE -- IN
THE OFFICES. BUT I DON'T BELIEVE THAT THEY WERE ADDRESSED IN THIS
PROPOSAL.
MR. RA: OKAY. THANK YOU.
MR. PRETLOW: THEY COULD -- THE COMMISSIONER
WOULD HAVE THE RESPONSIBILITY TO DESIGNATE ANY INDIVIDUALS THAT HE OR
25
NYS ASSEMBLY MAY 7, 2025
SHE DEEMS IT APPROPRIATE TO WEAR A BODY-WORN CAMERA.
MR. RA: OKAY.
A -- A COUPLE OF OTHER ITEMS THAT ARE WITHIN THE PUBLIC
PROTECTION REALM. OBVIOUSLY, ONE OF THE THINGS THAT HAS BEEN A
OVERARCHING CONVERSATION IN THIS BUDGET PROCESS, AND -- AND I BELIEVE IS
ONE OF THE REASONS THAT IT'S -- YOU KNOW, WE'RE BASICALLY A WEEK INTO
MAY AND -- AND FINALLY GETTING TO THE -- THE WORK OF PASSING THIS BUDGET
-- WAS -- WAS DISCOVERY REFORM. I KNOW THAT THIS IS OMITTED IN THIS BILL.
THE GOVERNOR HAS BEEN OUT TALKING ABOUT THE VICTORY SHE ACHIEVED
WITH REGARD FOR DISCOVERY REFORM. DO WE KNOW WHICH BILL AND WHEN
WE'LL SEE THESE PROVISIONS?
MR. PRETLOW: MR. RA, YOU'LL DISCOVER THAT THAT
BILL IS NOT IN THIS BILL AND THAT IT WILL PROBABLY BE IN A LATER BILL.
MR. RA: WE LOOK FORWARD TO DISCOVERING THE
DISCOVERY CHANGES IN A -- IN A LATER BILL.
THERE IS A PROVISION THAT WOULD ADD TO THE EXECUTIVE
LAW TO ENSURE THAT THE DEPARTMENT OF LAW IS NOT REQUIRED TO PROVIDE
DOCUMENTS FROM OTHER STATE AGENCIES AS PART OF THE DISCOVERY PROCESS
IN CIVIL ENFORCEMENT ISSUE -- ACTIONS. SO GIVEN THAT WE DON'T HAVE THE
DISCOVERY REFORM IN THIS BILL, WHY ARE WE ALLOWING THE DEPARTMENT OF
LAW TO NARROW ITS OWN DISCOVERY OBLIGATIONS WHEN OUR STATE
PROSECUTORS AREN'T BEING GIVEN THAT PRIVILEGE?
(CONFERENCING)
MR. PRETLOW: ARE YOU REFERRING TO THE -- WITH THE
ATTORNEY GENERAL'S OFFICE?
26
NYS ASSEMBLY MAY 7, 2025
MR. RA: YES.
MR. PRETLOW: OKAY. YEAH, THIS -- THIS CLARIFIES
THE AUTHORITY OF THE --OF THE -- ATTORNEY GENERAL IN THESE SITUATIONS.
MR. RA: I BELIEVE IT DOES PROVIDE SOME DISCRETION
THERE --
MR. PRETLOW: YEAH.
MR. RA: -- WITHIN THE ATTORNEY GENERAL'S OFFICE.
MR. PRETLOW: YES.
MR. RA: SO I GUESS WE WILL HAVE TO SEE WHEN WE SEE
THE DISCOVERY LANGUAGE WHETHER WE ARE, YOU KNOW, (INDISCERNIBLE) OR
-- OR GIVING SOME SIMILAR DISCRETION TO OUR -- OUR LOCAL PROSECUTORS.
I THINK THE LAST THING WITH REGARD TO PUBLIC PROTECTION,
THE OFFICE OF GUN VIOLENCE PREVENTION WAS ESTABLISHED IN DCJS AND
WE'RE MOVING FUNDING FROM THE DEPARTMENT OF HEALTH TO DCJS.
WHAT'S THE REASON BEHIND ESTABLISHING THIS FUNDING NOW WITHIN DCJS?
MR. PRETLOW: WELL, WE JUST THOUGHT IT WOULD BE
MORE APPROPRIATE TO BE THERE.
MR. RA: OKAY. DO WE -- DO WE ENVISION THE
DEPARTMENT OF HEALTH CONTINUING TO PLAY A ROLE WITH REGARD TO THIS,
GIVEN -- YOU KNOW, I -- I THINK WE'RE ALL VERY AWARE THAT MENTAL HEALTH
IS A MAJOR CONTRIBUTING FACTOR TO GUN VIOLENCE. DO WE -- DO WE
ANTICIPATE THE DEPARTMENT OF HEALTH REMAINING TO HAVE A ROLE IN
CONJUNCTION WITH DCJS?
MR. PRETLOW: I -- I'M PRETTY SURE THE DEPARTMENT
OF HEALTH WILL MAINTAIN SOME INVOLVEMENT IN -- IN THIS, ESPECIALLY IN
27
NYS ASSEMBLY MAY 7, 2025
THE MENTAL HEALTH AREAS.
MR. RA: OKAY. THANK YOU.
I AM GOING TO MOVE TO THE ENVIRONMENT. SO THE
ENACTED BUDGET ESTABLISHES THE OAK ORCHARD WASTEWATER DESIGN-BUILD
[SIC] ACT, WHICH AUTHORIZES ONONDAGA COUNTY TO UTILIZE A
DESIGN-BUILD CONTRACT DELIVERY METHOD FOR MAKING REPAIRS,
RENOVATIONS AND RECONSTRUCTION AND OTHER TYPES OF WORK WITH REGARD TO
THE OAK ORCHARD WASTEWATER TREATMENT PLANT. IS THE WORK ENVISIONED
HERE A CONSEQUENCE OF THE BROADER INFRASTRUCTURE NEEDS OF MICRON?
AND IS THAT -- IS THAT COMPANY CONTINUING TO INVEST IN OPERATIONS IN THE
AREA AND UNDER OBLIGATIONS TO REMAIN IN THE AREA?
MR. PRETLOW: WELL, MICRON IS DEFINITELY
CONTINUING TO INVEST THERE, BUT I'M NOT SURE IF THAT'S IN THIS BILL.
MR. RA: ARE WE AWARE OF --
(CONFERENCING)
MR. PRETLOW: I'M TOLD IT IS IN THE BILL.
MR. RA: SO FURTHER, DO WE KNOW, ARE THERE ENERGY
NEEDS THAT THAT FACILITY WILL NEED TO BE ADDRESSED GIVEN OUR LOOMING
GRID UNCERTAINTY AND THE HIGH ENERGY REQUIREMENTS OF THAT TYPE OF
OPERATION?
MR. PRETLOW: I'M PRETTY SURE THE INFRASTRUCTURE IS
-- WILL HAVE TO BE UPGRADED BECAUSE THAT FACILITY WILL REQUIRE MORE
RESOURCES THAN ARE CURRENTLY AVAILABLE.
MR. RA: OKAY.
I WANT TO SWITCH GEARS AGAIN WITH REGARD TO A COUPLE
28
NYS ASSEMBLY MAY 7, 2025
OF THE CHANGES WITH REGARD TO CIVIL COURT, COURT OF CLAIMS. WE HAVE
AN ADDITIONAL TEN NEW YORK CITY CIVIL COURT JUDGES AND FIVE
ADDITIONAL COURT OF CLAIMS JUDGES THAT --
MR. PRETLOW: YES.
MR. RA: -- ARE INCLUDED WITHIN THIS?
MR. PRETLOW: YES.
MR. RA: DO WE KNOW IF THE COURT OF CLAIMS, WILL
THOSE JUDGESHIPS BE SPREAD ACROSS THE STATE OR ARE THEY EARMARKED FOR
SPECIFIC DISTRICTS?
MR. PRETLOW: THEY'LL -- SINCE THEY'RE APPOINTED
BY THE GOVERNOR, THEY'D BE STATEWIDE.
MR. RA: ARE -- ARE -- BUT OFTENTIMES THESE
INDIVIDUALS WILL THEN SERVE WITHIN A PARTICULAR JUDICIAL DISTRICT.
MR. PRETLOW: YES.
MR. RA: DO WE -- DO WE KNOW IF WE'RE ANTICIPATING
THEM BEING ASSIGNED TO PARTICULAR AREAS OF THE STATE?
MR. PRETLOW: I'M REALLY NOT SURE. THAT'S UP TO
THE -- THE OFFICE OF COURT SERVICES [SIC]. THAT'S NOT WHAT WE WOULD DO,
WE'RE JUST AUTHORIZING THE NUMBER TO BE INCREASED.
MR. RA: OKAY. AND WITHIN, I -- I WOULD ASSUME,
PERHAPS THE LEGISLATURE AND JUDICIARY BUDGET, IS THERE GOING TO BE
ADDITIONAL FUNDING INCLUDED TO DEAL WITH THE FINANCIAL IMPACT, NOT JUST
THE SALARY OF THE ADDITIONAL JUDGES, BUT OBVIOUSLY WHEN YOU HAVE A
JUDGE, YOU MAY HAVE CAPITAL NEEDS IN TERMS OF COURTROOMS. YOU -- YOU
NEED CLERKS, YOU NEED COURT OFFICERS, ALL -- ALL OF THOSE THINGS FOR
29
NYS ASSEMBLY MAY 7, 2025
ADDITIONAL JUDGESHIPS. IS THERE GOING TO BE ADDITIONAL FUNDING IN THE
LEGISLATURE AND JUDICIARY BUDGET FOR THAT?
MR. PRETLOW: WELL, THAT BILL HAS NOT BEEN
INTRODUCED YET, AND WHEN IT IS INTRODUCED I'M PRETTY SURE -- I -- I KNOW
THAT THOSE ITEMS WILL BE ADDRESSED.
MR. RA: OKAY. THANK YOU.
THE OTHER THING THAT WE APPEAR TO BE MAKING MAJOR
CHANGES TO IN THIS BILL IS THE PUBLIC CAMPAIGN MATCHING PROGRAM.
MR. PRETLOW: YES.
MR. RA: SO LET ME START WITH REALLY ONE OF THE BASIC
PIECES OF THIS PROGRAM. HOW DOES THIS BILL CHANGE THE DEFINITION OF A
MATCHABLE CONTRIBUTION?
MR. PRETLOW: WELL, CURRENTLY A MATCHABLE
CONTRIBUTION IS UP TO $250. IF SOMEONE RECEIVES $250 OR LESS THEY'D GET
MATCHED, I THINK IT'S 8 TO 1 BY THE STATE. IF THEY THEN RECEIVE CURRENTLY
$10 MORE THAN THAT, THE FIRST $200 BECOMES INELIGIBLE AND THE MONEY
HAS TO BE RETURNED. WHAT THIS BILL DOES IS IT INCREASES THAT ADDITIONAL
AMOUNT THAT'S CONTRIBUTED TO THE INDIVIDUAL TO I THINK IT'S $1,050. SO
THE FIRST $250 STILL REMAINS MATCHABLE.
MR. RA: OKAY. SO THERE WOULD BE -- IF THE PERSON
GAVE -- YOU KNOW, IT HAS TO -- OBVIOUSLY THE ELIGIBILITY, I WOULD SAY,
RIGHT, REMAINS THE SAME. IT'S GOTTA BE A RESIDENT OF THE DISTRICT.
MR. PRETLOW: YES. THAT DOESN'T CHANGE.
MR. RA: SO THE INDIVIDUAL THEN CAN GIVE UP TO
$1,050 WITHOUT RENDERING THE ORIGINAL $250 MATCHLESS.
30
NYS ASSEMBLY MAY 7, 2025
MR. PRETLOW: YEAH.
MR. RA: BUT THERE IS NO ADDITIONAL MONEY FROM, YOU
KNOW, THAT, I GUESS, EXTRA $800.
MR. PRETLOW: NO.
(INDISCERNIBLE/CROSS-TALK)
THAT'S DEFINITELY NOT MATCHED.
MR. RA: OKAY. DO YOU HAVE ANY SENSE OF WHERE
THAT WHERE THAT NUMBER 1050 COMES FROM? BECAUSE IT SEEMS LIKE IT'S
-- IT'S NOT THE MAXIMUM DONATION, IT'S A -- IT'S --
MR. PRETLOW: THAT -- THAT NUMBER WAS
NEGOTIATED.
MR. RA: OKAY. I MEAN, I WOULD JUST SAY THIS IS MORE
OF A RHETORICAL QUESTION, BUT, YOU KNOW, I KNOW WE DID A BILL A COUPLE
YEARS AGO WITH REGARD TO THIS, AND WHILE I DO NOT AGREE WITH THE PUBLIC
FINANCE PROGRAM AT ALL AND GIVING PUBLIC MONEY TO POLITICAL
CAMPAIGNS, IF YOU ASSUME THE ARGUMENT THAT -- THAT ITS PURPOSE IS TO
ENHANCE THE VALUE OF SMALL DONORS, THIS SEEMS COUNTERPRODUCTIVE TO --
TO THAT GOAL.
ONE OF THE OTHER PIECES OF IT WAS WITH REGARD TO
ALLOWING A CARRYOVER OF FUNDS. SO MY UNDERSTANDING IS CURRENTLY,
RIGHT, YOU GO THROUGH A CAMPAIGN CYCLE, YOU GET WHATEVER MONEY YOU
GET. AT THE END OF THE DAY YOU HAVE TO, YOU KNOW, RECTIFY ALL THE
NUMBERS WITH THE -- WITH THE BOARD OF ELECTIONS AND THE DIVISION THAT
-- THAT HANDLES THIS PROGRAM. AND THE INTENT AT LEAST WAS THAT
EVERYTHING NEEDED TO BE ZEROED OUT, CLOSED OUT, NEW CAMPAIGN ACCOUNT
31
NYS ASSEMBLY MAY 7, 2025
OPENED FOR THE NEXT ELECTION. BUT NOW THIS WILL ALLOW UP TO $50,000 TO
BE CARRIED OVER?
MR. PRETLOW: YES, THAT'S -- THAT IS THE NUMBER.
MR. RA: SO IF -- IF SOMEBODY, SAY, DOES THAT FROM
ONE ELECTION TO THE NEXT AND THEY CONTINUE TO RAISE AND -- AND MAYBE
THEY'RE NOT SPENDING THE MONEY, WOULD THAT COUNT? YOU KNOW, TWO
YEARS FROM THEN, COULD THEY NOW CARRY OVER THE $50,000 THEY HAD FROM
THE PREVIOUS ELECTION AND THEN ANOTHER $50,000?
MR. PRETLOW: NO. THAT -- THAT -- NO.
MR. RA: SO WOULD -- SO THEY CAN'T USE -- THEY WOULD
HAVE TO, I GUESS, KEEP IT AT $50,000 FROM ELECTION TO ELECTION.
MR. PRETLOW: THAT IS THE MAXIMUM ALLOWABLE TO
CARRY OVER.
MR. RA: OKAY. AND AGAIN, THIS IS SOMETHING THAT
WE WOULD SEE IN ANOTHER BILL, BUT DO WE ANTICIPATE THE CHANGES THAT ARE
BEING MADE TO THE PROGRAM INCREASING THE COST OF THE PROGRAM, AND DO
WE -- DO WE ANTICIPATE A -- A LARGER APPROPRIATION FOR THE PROGRAM IN A
FUTURE BILL?
MR. PRETLOW: THAT WASN'T PART OF THE DISCUSSION.
MY PERSONAL FEELING IS THAT WE INCREASE THE COST BECAUSE THERE ARE
PEOPLE THAT RECEIVE THE 250, THEY'RE NOW -- NOT HAVING TO BEING
REQUIRED TO GIVE IT BACK, SO THAT 8 TO 1 MATCH WILL REMAIN.
MR. RA: OKAY. THANK YOU.
AND ARE THERE ANY FURTHER CHANGES BEING MADE? ONE
OF THE THINGS THAT CAME UP IN THE AFTERMATH OF THE ELECTIONS LAST YEAR
32
NYS ASSEMBLY MAY 7, 2025
WAS THERE HAD BEEN, REALLY, GUIDANCE GIVEN TO THE CANDIDATES WITH
REGARD TO GIVING -- OR TRANSFERRING MONEY TO CONSTITUTED COMMITTEES,
AND THE GUIDANCE WAS REALLY THAT YOU COULDN'T DO THAT. AND THEN AFTER
ELECTION DAY THERE WAS A POLICY THAT WAS ADOPTED BY THE PUBLIC
CAMPAIGN FINANCE BOARD THAT CHANGED THAT. ARE WE MAKING ANY
STATUTORY CHANGES TO REFLECT THAT CHANGE IN POLICY?
MR. PRETLOW: THERE ARE SOME CHANGES BEING
MADE, LIKE NOT HAVING TO CLOSE OUT A BANK ACCOUNT AND TRANSFER ALL THE
MONEY BACK TO -- TO THE STATE. THERE ARE VARIOUS THINGS THAT WE'RE
TRYING TO MAKE THIS WORK, AND THAT'S ONE OF THEM.
MR. RA: OKAY. AND WITH REGARD TO THE CLOSING OF
THE BANK ACCOUNT, WHAT -- SO IF -- IF ONE OF US HASN'T CLOSED OUT OUR
ACCOUNT FROM -- FROM LAST YEAR, WOULD -- IS THIS JUST GOING FORWARD OR
WOULD WE NOT NOW HAVE TO DO THAT?
MR. PRETLOW: THIS IS GOING FORWARD, I BELIEVE.
YOU WOULD NOT HAVE TO DO IT NOW. YEAH.
MR. RA: OKAY. MAKES THINGS A LITTLE EASIER FOR SOME
OF US. I KNOW I HAVEN'T CLOSED OUT MINE OUT YET. SO, THANK -- THANK
YOU.
I -- I WANT TO GET INTO ONE OTHER TOPIC: THE CHANGE
WITH REGARD TO THE REPARATIONS COMMISSION. MY UNDERSTANDING IS THEY
WERE ORIGINALLY REQUIRED TO ISSUE THEIR REPORT ONE YEAR FROM THEIR FIRST
MEETING. THIS IS CHANGING IT TO 30 MONTHS FOLLOWING THEIR FIRST
MEETING?
MR. PRETLOW: YES.
33
NYS ASSEMBLY MAY 7, 2025
MR. RA: AND WHAT -- DO YOU KNOW WHEN THEIR FIRST
MEETING WAS? LIKE, WHEN DOES THIS END UP BEING THE DEADLINE FOR THIS
REPORT?
MR. PRETLOW: I'M NOT SURE IF IT'S HAPPENED. I'M
NOT AWARE. I DON'T KNOW.
MR. RA: OKAY. HAS THE COMMISSION, YOU KNOW,
REQUESTED THAT THEY JUST NEED -- THEY'RE GONNA NEED MORE TIME TO DO
THIS REPORT? DO WE KNOW WHERE THIS -- WHAT THE IMPETUS IS FOR THIS
CHANGE?
MR. PRETLOW: I'M PRETTY SURE THE COMMISSION
SINCE THEY HAVE BEEN CONSTITUTED DETERMINED THAT THEY DO NEED EXTRA
TIME AND REQUESTED THE GOVERNOR/THE LEGISLATURE TO EXTEND THAT.
MR. RA: OKAY. THANK YOU.
WORKERS' COMPENSATION. SO, WE HAVE A PROVISION,
MEDICAL AND SURGICAL RESIDENTS OR FELLOWS THAT WOULD NOW BE ALLOWED
TO RENDER MEDICAL CARE TO THOSE PATIENTS TREATED BY WORKERS'
COMPENSATION, CORRECT?
MR. PRETLOW: THAT IS CORRECT.
MR. RA: OKAY. IS -- IS THIS BEING NECESSITATED BY A
SHORTAGE OF DOCTORS OR PHYSICIANS IN NEW YORK THAT CAN PROVIDE THIS
CARE, OR IS THAT WE HAVE DOCTORS BUT THEY'RE NOT TAKING ON PATIENTS THAT
ARE COVERED BY WORKERS' COMP?
MR. PRETLOW: WELL, WE'RE TRYING TO HELP SPEED UP
THE TREATMENTS THAT PEOPLE REQUIRE, AND THERE IS A SHORTAGE OF DOCTORS
THAT ARE AVAILABLE TO DO THIS.
34
NYS ASSEMBLY MAY 7, 2025
MR. RA: OKAY. AND WHAT OVERSIGHT WILL THE
WORKERS' COMPENSATION BOARD EXERCISE TO ENSURE THAT MEDICAL AND
SURGICAL RESIDENTS OR FELLOWS HAVE MET THEIR SUPERVISORY REQUIREMENTS
IN ORDER TO RENDER THIS CARE?
MR. PRETLOW: I THINK THE SAME SUPERVISORY
FUNCTIONS THAT THEY HAVE NOW.
MR. RA: AND BECAUSE WORKERS' COMPENSATION CASES
OFTEN INVOLVE LEGAL AND FINANCIAL IMPLICATIONS, ARE -- WILL MEASURES BE
TAKEN BY THE BOARD TO ENSURE THAT DECISIONS AND DOCUMENTATION OF
RESIDENTS AND FELLOWS IS GIVEN THE SAME LEGAL WEIGHT AS THOSE OF
FULLY-LICENSED PHYSICIANS?
MR. PRETLOW: I WOULD IMAGINE SO.
MR. RA: THANK YOU.
I THINK I ON -- I HAVE ONE OTHER ISSUE THAT I WANTED TO
ASK ABOUT WITH REGARD TO THE STATE WORKFORCE.
THERE WAS A PROVISION IN THE EXECUTIVE BUDGET THAT
WOULD HAVE ALLOWED FOR THE AM -- AMOR -- AMORTIZATION OF UNFUNDED
ACCRUED LIABILITIES FOR NEW YORK CITY PENSION FUNDS. I KNOW I -- YOU
KNOW, AS SOMEBODY WHO REPRESENTS A NEIGHBORING COUNTY IN NEW
YORK CITY, I HAVE A LOT OF CITY WORKERS, RETIRED CITY WORKERS WHO ARE
CONSTITUENTS AND I'VE HEARD FROM A LOT OF THEM WITH CONCERNS WITH
REGARD TO THIS. SO MY UNDERSTANDING IS WE'RE OMITTING THAT FROM THIS
BILL, CORRECT?
MR. PRETLOW: THAT IS CORRECT.
MR. RA: IS THAT -- DO WE BELIEVE THAT IS DEAD, OR IS IT
35
NYS ASSEMBLY MAY 7, 2025
SOMETHING WE MAY SEE IN ONE OF THE FUTURE BILLS?
MR. PRETLOW: THAT'S SOMETHING I BELIEVE WE'LL
SEE AT A LATER DATE.
MR. RA: OKAY. THANK YOU. I THINK THAT'S IT FOR NOW.
MADAM SPEAKER, ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. RA: SO, YOU KNOW, THIS IS ALWAYS AN INTERESTING
BUDGET BILL. ANY NUMBER OF DIFFERENT ISSUE AREAS ARE IMPLICATED BY IT.
I'D BE REMISS IF I DIDN'T SAY THAT. NUMBER ONE, I'M HAPPY WE'RE FINALLY
TAKING UP BUDGET BILLS. IT'S TAKEN A LONG TIME TO GET HERE. THERE ARE
SOME GOOD THINGS IN THIS BILL WITH REGARD TO TRYING TO HELP ON THE LAW
ENFORCEMENT TIME, RETENTION AND RECRUITMENT. I DO WANT TO REITERATE THE
CONCERN WITH REGARD TO OUR CORRECTIONS OFFICERS. THEY'VE IDENTIFIED THE
SOLUTIONS FOR US. AND THIS IS TREATING THE SYMPTOMS AND NOT THE
DISEASE. THEY HAVE TREMENDOUS CONCERNS FOR THEIR SAFETY IN OUR
PRISONS. HALT HAS BEEN AN ISSUE THAT THEY'VE BROUGHT TO US
REPEATEDLY, WE'RE NOT DOING ANYTHING ABOUT THAT. AND THEIR OWN
RETIREMENT SYSTEM, THEY ARE CONCERNED THAT WHILE THEY ALREADY HAVE A
STAFFING CRISIS, NOW IT MAY BE EXACERBATED BECAUSE WE'RE GIVING AN
ENHANCED ABILITY TO RETIRE DOWN TO THE NYPD, WHICH I'M SUPPORTIVE OF,
BUT WE'RE NOT DOING THE SAME THING FOR THOSE OFFICERS. SO IT'S JUST
ANOTHER THING THAT MAKES OTHER JOBS IN LAW ENFORCEMENT MORE
ATTRACTIVE TO -- TO THESE INDIVIDUALS THAN STAYING IN OUR -- IN OUR PRISONS.
SO THAT IS A TREMENDOUS CONCERN FOR THAT WORKFORCE AS WE NOT ONLY DO
THAT, BUT THEN ALSO HAVE THE ABILITY FOR THE GOVERNOR TO POTENTIALLY
36
NYS ASSEMBLY MAY 7, 2025
CLOSE ANOTHER THREE PRISONS. IT SEEMS LIKE OUR SOLUTION TO THE ISSUES
THAT THEY HAVE REPEATEDLY BROUGHT TO US IS, LET'S LET MORE PEOPLE OUT,
LET'S CLOSE PRISONS, INSTEAD OF ADDRESSING THEIR SAFETY. INSTEAD OF
ADDRESSING THEIR BENEFITS. INSTEAD OF MAKING IT A -- A SAFER AND MORE
ATTRACTIVE JOB FOR PEOPLE TO TAKE. SO THAT -- THAT IS A TREMENDOUS
CONCERN.
NOW, REAL QUICK I WOULD LIKE TO JUST GO BACK TO MY
ORIGINAL QUESTIONS ABOUT THE BUDGET AS A WHOLE. ONE OF THE PROBLEMS
WHEN WE DO START TO TAKE UP THESE BILLS, AND HOPEFULLY WE'RE GONNA SEE
ALL OF THE REMAINING BILLS WITHIN THE NEXT 24 HOURS OR SO. BUT THAT
WE'RE STARTING TO ADOPT BUDGETS BILLS WITHOUT A FINANCIAL PLAN CONTINUES
TO BE A CONCERN TO ME. WHAT DOES THAT TELL US? YEAH, IT'S A LITTLE BIT OF
A WONKY THING IF YOU EVER LOOK AT IT, BUT IT TELLS US HOW MUCH MONEY
WE'RE SPENDING. IT TELLS US WHAT OUR OUT-YEAR NUMBERS LOOK LIKE. WE
HAD AN EXECUTIVE BUDGET PROPOSAL, I'LL REPEAT, $27 BILLION IN OUT-YEAR
BUDGET DEFICITS. WHAT DOES THAT NUMBER LOOK LIKE WITH THIS ENACTED
BUDGET? AND THAT PUTS THE WHOLE PUZZLE TOGETHER. OUR REVENUE
ACTIONS, OUR SPENDING ACTIONS. WHAT ARE WE COMMITTING TO IN TERMS OF
RECURRING SPENDING, AND HOW FAR AWAY IS IT FROM OUR RECURRING
REVENUES? THAT IS SOMETHING THAT'S REALLY IMPORTANT FOR US TO KNOW AS
WE'RE TRYING MAKE AN EDUCATED AND INFORMED DECISION AS TO HOW TO
VOTE ON THESE BILLS ON BEHALF OF THE PEOPLE WE REPRESENT. I HOPE THAT AS
WE GET FUTURE BILLS WE HAVE THAT INFORMATION, SO ESPECIALLY AS WE'RE
GETTING INTO APPROPRIATIONS BILLS THAT ARE APPROPRIATING A QUARTER OF A
TRILLION - I'LL REPEAT THAT, A QUARTER OF A TRILLION OF NEW YORK STATE
37
NYS ASSEMBLY MAY 7, 2025
TAXPAYERS' DOLLARS. AND IN PARTICULARLY OUT-YEAR NUMBERS SHOULD NOT
ONLY BE CONCERNING FOR THE RESIDENTS OF THE STATE, BUT AS WE TALK ABOUT
-- I HEAR A LOT OF TALK ABOUT WHAT'S GONNA HAPPEN AT THE FEDERAL LEVEL
AND WHAT ADJUSTMENTS WE MAY HAVE TO MAKE. WELL, IF WE'RE PUTTING
OURSELVES IN A WORSE POSITION IN THE OUT-YEARS, THOSE DECISIONS ARE
GOING TO BE THAT MUCH MORE DIFFICULT.
SO, THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU, MR. RA.
MR. DURSO.
MR. DURSO: THANK YOU, MADAM SPEAKER. WOULD
THE SPONSOR YIELD FOR SOME QUESTIONS, PLEASE?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MR. PRETLOW: YES, I WILL.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MR. DURSO: THANK YOU, CHAIR PRETLOW. I
APPRECIATE IT.
SO I WANNA FOCUS BACK ON THE CORRECTIONS OFFICER AND
THE AGE LIMIT CHANGE. SO THE QUESTION IS, WHAT WE HAVE AN
UNDERSTANDING OF IS THAT THEY WILL ALLOW CORRECTION OFFICERS OR PEOPLE OF
18 YEARS TO 21 TO BE ABLE TO TAKE THAT TEST IF DOCCS DECIDES THAT THERE
IS A STAFFING CAPACITY SHORTAGE OF 90 PERCENT OR LESS, CORRECT?
MR. PRETLOW: YES.
MR. DURSO: OKAY. SO, ONCE THEY MAKE THAT
DECISION AND DETERMINATION THAT THEY'RE NOT AT THEIR STAFFING PERCENTAGE,
38
NYS ASSEMBLY MAY 7, 2025
THEY WILL THEN OPEN UP THE CIVIL SERVICE EXAM FOR THOSE PEOPLE 18 AND
ABOVE?
MR. PRETLOW: THEY HAVE THE AUTHORITY TO DO THAT,
YES. THEY DON'T NECESSARILY HAVE TO DO IT, BUT THEY CAN DO IT.
MR. DURSO: SO NOW IF THEY DO OPEN THAT UP AND
THEN THEY REACH THAT STAFFING LEVEL, THEN WILL THEY NOT BE ALLOWED TO
OPEN UP TESTING TO CONTINUALLY FILL THOSE ROLLS IF THE STAFFING IS ABOVE
THAT 90 PERCENT?
(CONFERENCING)
MR. PRETLOW: AFTER IT REACHES 90 PERCENT, THE
AUTHORIZATION IS NEGATED.
MR. DURSO: OKAY. SO IT'S -- IT'S BASICALLY JUST TO
FILL THE SPOTS THAT ARE NEEDED, CORRECT?
MR. PRETLOW: CORRECT.
MR. DURSO: OKAY. SO WITH THAT BEING SAID, SO THEN
WE'RE HIRING 18- TO 21-YEAR-OLDS TO WORK IN OUR STATE PRISONS, CORRECT?
MR. PRETLOW: CORRECT.
MR. DURSO: TO FILL THOSE GAPS. BUT THEY'RE NOT
ALLOWED TO DO CERTAIN JOBS WITHIN THE PRISON, CORRECT?
MR. PRETLOW: YES.
MR. DURSO: OKAY. AND SOME OF THOSE ARE CONTACT
ROLES, CORRECT? SO BEING --
MR. PRETLOW: THEY SHOULD HAVE NO INMATE
CONTACT AT ALL.
MR. DURSO: SO WHAT -- WHAT ARE THEY DOING?
39
NYS ASSEMBLY MAY 7, 2025
MR. PRETLOW: THEY'RE WORKING IN THE OFFICES --
MR. DURSO: OKAY. SO --
MR. PRETLOW: -- AND THEY'RE WORKING IN THE
INFIRMARY. THEY'RE WORKING IN VARIOUS OTHER PLACES WITHIN THE FACILITY.
MR. DURSO: AS CORRECTIONS OFFICERS.
MR. PRETLOW: AS CORRECTIONS OFFICERS.
CORRECTIONS OFFICERS ARE DOING IT NOW.
MR. DURSO: RIGHT.
MR. PRETLOW: BUT THIS WOULD REPLACE THE ONES
WITH MORE EXPERIENCE, ONES THAT CAN GO INSIDE THE FACILITY, AND HAVE
THE 18- TO 21-YEAR-OLDS FILL IN THE SPACES FOR THEM.
MR. DURSO: SO THOSE THAT ARE DOING MORE CLERICAL
WORK --
MR. PRETLOW: THEY'RE ALWAYS SUPERVISED.
THEY'RE ALWAYS UNDER SUPERVISION.
MR. DURSO: UNTIL THE AGE OF 21, CORRECT?
MR. PRETLOW: YES.
MR. DURSO: OKAY. SO, NOW IN CASE -- AND THEY ARE
NOT, UNDER ANY CIRCUMSTANCES ONCE THEY ARE EMPLOYED BY THE STATE,
WORKING IN THE PRISONS, TO BE ABLE TO CARRY A FIREARM FOR ANY TYPES OF
JOB THAT'S GOING ON WITHIN THE PRISON, CORRECT?
(INDISCERNIBLE/CROSS-TALK)
MR. PRETLOW: WELL, NO CORRECTION OFFICER CARRIES
A FIREARM IN THE PRISON. THAT'S --
MR. DURSO: WELL, THEY WILL IN AN EMERGENCY,
40
NYS ASSEMBLY MAY 7, 2025
CORRECT? SO IF -- IF THERE'S A --
MR. PRETLOW: THEY -- THEY WON'T BE PART OF THAT
UNIT THAT WOULD BE CALLED IN TO CARRY FIREARMS WITHIN A FACILITY.
MR. DURSO: WHAT IN CASE OF AN EMERGENCY?
MR. PRETLOW: THEY -- IT DOESN'T MATTER. THEY
WILL NOT BE PART OF ANY -- ANY GROUP THAT'S CARRYING FIREARMS WITHIN THE
PRISON.
MR. DURSO: OKAY. SO UNDER NO CIRCUMSTANCES,
CORRECT?
MR. PRETLOW: UNDER NO CIRCUMSTANCES.
MR. DURSO: SO, CORRECTIONS OFFICERS DURING THE
ACADEMY DO GO THROUGH SOME TYPE OF FIREARM TRAINING, CORRECT?
MR. PRETLOW: WELL, THEY WILL GET FIREARM
TRAINING. THAT'S PART OF THEIR TRAINING, BUT THEY WILL NOT BE PERMITTED TO
CARRY FIREARMS WITHIN A PRISON FACILITY.
MR. DURSO: OKAY. SO TRAINING DOESN'T CHANGE,
RIGHT?
MR. PRETLOW: NO.
MR. DURSO: THEY'RE GETTING SAME TRAINING THAT
ANYBODY 21 AND UP WOULD GET.
MR. PRETLOW: YOU'RE RIGHT. THEN WHEN THEY
BECOME 21 (INDISCERNIBLE/CROSS-TALK) --
MR. DURSO: JUST THEIR JOB DUTIES ARE DIFFERENT.
MR. PRETLOW: RIGHT.
MR. DURSO: OKAY. SO NOW GOING TO THE PART
41
NYS ASSEMBLY MAY 7, 2025
WHERE WE CAN HIRE OUT-OF-STATE WORKERS, RIGHT, PEOPLE THAT LIVE WITHIN,
LET'S JUST SAY VERMONT, PENNSYLVANIA, NEW JERSEY, TO FILL THOSE ROLLS.
NOW THAT'S GONNA BE OPEN TO THOSE PEOPLE THAT DO NOT LIVE WITHIN NEW
YORK STATE.
MR. PRETLOW: THAT IS CORRECT.
MR. DURSO: IS THERE ANY TYPE OF RESIDENCE --
RESIDENCY REQUIREMENT SAYING THAT THEY HAVE TO MOVE INTO NEW YORK
STATE ONCE THEY ARE HIRED?
MR. PRETLOW: NO.
MR. DURSO: OKAY. WILL THEY RECEIVE THE SAME
BENEFITS THAT ANY OTHER CORRECTIONS OFFICER GETS, INCLUDING PAY,
HEALTHCARE, ANYTHING LIKE THAT?
MR. PRETLOW: AS EMPLOYEES, OF COURSE THEY WILL.
MR. DURSO: AND THE NEW YORK STATE RETIREMENT,
CORRECT?
MR. PRETLOW: YES.
MR. DURSO: OKAY. DO THEY -- NOW, WE HAVE
CERTAIN BENEFITS IN NEW YORK STATE THAT WE GIVE TO OUR STATE
EMPLOYEES, INCLUDING COLLEGE TUITION REIMBURSEMENT, ANYTHING LIKE
THAT. WILL THEY THEN QUALIFY FOR THOSE THINGS EVEN THOUGH THEY LIVE OUT-
OF-STATE?
MR. PRETLOW: NO.
MR. DURSO: NO. IS THAT PROVISION IN THE -- IN THE
BILL?
MR. PRETLOW: NO, THAT WOULD BE UP TO THE
42
NYS ASSEMBLY MAY 7, 2025
EXECUTIVE OR THE SUPERINTENDENT OF PRISONS [SIC].
MR. DURSO: THAT -- THAT WOULD BE UP TO THE --
MR. PRETLOW: YEAH, THAT -- THAT'S NOT IN THE BILL,
NO.
MR. DURSO: OKAY. SO -- SO BUT WE'RE JUST SAYING A
BLANKET NO, THEY WON'T QUALIFY FOR THOSE BECAUSE THEY LIVE OUT-OF-STATE
EVEN THOUGH IT'S AFFORDED TO EVERY OTHER NEW YORK STATE EMPLOYEE?
MR. PRETLOW: OKAY. THERE'S NOTHING THAT SAYS
THEY WOULDN'T QUALIFY FOR ANYTHING. SO ARE YOU REFERRING TO COLLEGE
TUITION --
(INDISCERNIBLE/CROSS-TALK)
MR. DURSO: SURE, LET'S JUST USE THE ONE EXAMPLE,
SURE.
MR. PRETLOW: SO THEY WOULD NOT QUALIFY FOR THAT.
MR. DURSO: BUT EVERY OTHER NEW YORK STATE
EMPLOYEE WOULD.
MR. PRETLOW: YES.
MR. DURSO: JUST IF YOU LIVE OUT OF -- SO BASICALLY
YOU'RE SAYING THEY HAVE TO LIVE WITHIN THE STATE TO RECEIVE --
MR. PRETLOW: LET -- LET ME CHECK ON THAT TO GET
AN ACCURATE ANSWER FOR YOU.
MR. DURSO: SURE.
(CONFERENCING)
MR. PRETLOW: THEY'RE ELIGIBLE FOR ANYTHING THAT
ANY OTHER EMPLOYEE IS ELIGIBLE FOR --
43
NYS ASSEMBLY MAY 7, 2025
MR. DURSO: SO WE ARE --
MR. PRETLOW: INCLUDING COLLEGE REIMBURSEMENT.
MR. DURSO: SO WE'RE GONNA GIVE SOMEONE THAT
LIVES IN VERMONT, NEW JERSEY, PENNSYLVANIA, THE SAME BENEFITS THAT
ANY OTHER NEW YORKER WOULD HAVE.
MR. PRETLOW: WE'RE GIVING SOMEONE THAT'S
WORKING FOR THE NEW YORK STATE DEPARTMENT OF CORRECTIONS THE SAME
BENEFITS THAT OTHER WORKERS ARE RECEIVING.
MR. DURSO: SHOULDN'T WE JUST SAVE THAT FOR OUR --
FOR PEOPLE WHO LIVE IN NEW YORK STATE?
MR. PRETLOW: IF WE COULD FILL THEM WITH NEW
YORKERS THEN WE WOULDN'T HAVE TO LOOK TO THE OUTSIDE TO FILL. WE'D STILL
HAVE THE 4,000 INDIVIDUAL SHORTAGE THAT WE'RE TRYING TO FILL TO MAKE THE
FACILITY SAFER.
MR. DURSO: OKAY. AND -- AND WHAT IS THE NUMBER
OF CORRECTION OFFICERS WE DO NEED TO HIRE TO FILL THAT STAFFING
REQUIREMENT?
MR. PRETLOW: FOUR THOUSAND.
MR. DURSO: FOUR THOUSAND. SO WE'RE LOOKING AT
POSSIBLY 4,000 -- POSSIBLY, OBVIOUSLY, NOT ALL OF THEM WILL COME OUT OF
NEW YORK STATE. BUT POSSIBLY THOUSANDS OF NON-NEW YORKERS
(INDISCERNIBLE/CROSS-TALK)
MR. PRETLOW: (INDISCERNIBLE/CROSS-TALK) TO BRING
THE SYSTEM UP TO FULL EMPLOYMENT, WE NEED AN ADDITIONAL 4,000
INDIVIDUALS.
44
NYS ASSEMBLY MAY 7, 2025
MR. DURSO: AS OPPOSED -- SO JUST -- YOU KNOW,
AND IT'S -- IT'S, AGAIN, A RHETORICAL QUESTION, BUT WOULDN'T WE BE BETTER
SERVED GIVING THE BENEFITS, PAYING OUR CORRECTION OFFICERS MORE AND
MAKING THE PRISONS SAFE FOR THEM TO WORK IN INSTEAD OF HIRING PEOPLE
OUTSIDE OF THE STATE AND GIVING THEM THEIR BENEFITS?
MR. PRETLOW: I'M SORRY, I DIDN'T HEAR THE
QUESTION.
MR. DURSO: I APOLOGIZE, SIR. I SAID WOULDN'T WE BE
BETTER OFF MAKING OUR PRISONS SAFER, PAYING OUR -- OUR CORRECTION
OFFICERS BETTER AND GIVING THEM BETTER HEALTHCARE BENEFITS TO ATTRACT
PEOPLE WITHIN NEW YORK STATE TO WORK THERE AS OPPOSED TO ATTRACTING
PEOPLE THAT WORK OUTSIDE OF THE STATE AND GIVING THEM ALL THE SAME
BENEFITS THAT HARD-WORKING NEW YORKERS GET EXCEPT THEY GET TO LIVE
SOMEWHERE ELSE?
MR. PRETLOW: WELL, THE ATTEMPT IS TO ATTRACT NEW
YORKERS, BUT BASED ON THE LOCATION OF MANY OF THE FACILITIES THERE AREN'T
ENOUGH INDIVIDUALS TO FILL THE POSITIONS THAT WE NEED. THAT'S WHY
ANOTHER ONE OF THE PROPOSALS IS TO DIVEST OURSELVES OF CERTAIN FACILITIES
AND MOVE THEM CLOSER TO A LARGER POPULATION. TO RECRUIT PEOPLE FROM
NEW YORK CITY AND HAVE THEM HAVE TO COMMUTE TO CLINTON COUNTY,
IT'S -- IT'S REALLY -- IT'S REALLY ROUGH THAT -- WE HAVE VERY FEW FACILITIES
DOWNSTATE. THERE ARE TWO WOMEN'S FACILITIES AND THERE -- THERE ARE
HALF-WAY-TYPE HOUSE, BUT THE MAIN FACILITIES ARE FAR UPSTATE, FAR FROM
THE POPULATION OF NEW YORK STATE. YOU KNOW, A MAJORITY OF THE
POPULATION OF NEW YORK STATE.
45
NYS ASSEMBLY MAY 7, 2025
MR. DURSO: SO WITH THAT BEING SAID, SO AGAIN, WE
CAN HIRE SOMEONE THAT LIVES IN PENNSYLVANIA AND THEN SOMEONE THAT
LIVES IN RHODE ISLAND, RIGHT? THEY MAYBE LIVE ON THE BORDER. OR
MAINE, EVEN --
(INDISCERNIBLE/CROSS-TALK)
MR. PRETLOW: RHODE ISLAND
(INDISCERNIBLE/CROSS-TALK) --
MR. DURSO: -- (INDISCERNIBLE/CROSS-TALK) SOMEONE
ON THE OPPOSITE SIDE OF THE STATE.
MR. PRETLOW: YES.
MR. DURSO: IS THERE ANY PROVISIONS IN THIS STATING
THAT SO IF WE HIRE SOMEONE FROM NEW JERSEY -- BECAUSE AGAIN, IF YOU
GO WORK FOR STATE CORRECTIONS [SIC], YOU COULD BE PUT IN ANY
CORRECTIONAL FACILITY.
MR. PRETLOW: CORRECT.
MR. DURSO: IS THERE ANY PROVISION STATING THAT
THEY'LL BE IN AN AREA THAT'S CLOSE FOR THEM TO GET --
MR. PRETLOW: NO, THEY WILL BE TREATED JUST LIKE
ANY OTHER --
MR. DURSO: SO HOW IS THAT ATTRACTING PEOPLE FROM
OUTSIDE THE STATE TO COME WORK HERE BUT YOU COULD BE LIVING IN JERSEY
AND HAVE TO TRAVEL UP TO BUFFALO? THAT'S NOT REALLY -- IT'S NOT GONNA
WORK AS FAR AS COMMUTE. SO IT'S ACTUALLY COUNTER --
MR. PRETLOW: WE'RE NOT -- WE'RE NOT BASING THIS
ON THE CONVENIENCE OF THE INDIVIDUAL THAT'S BEING HIRED, WE'RE BASING IT
46
NYS ASSEMBLY MAY 7, 2025
ON THE NEED TO HAVE PERSON POWER IN THE FACILITIES. WHEN THEY'RE HIRED
THEY WOULD MORE THAN LIKELY MAKE A REQUEST AS THE FACILITY THAT THEY
WOULD LIKE TO WORK IN, AND MORE THAN LIKELY THEY WILL BE HIRED WITH
THAT ON THE -- ON THE BACK BURNER --
(INDISCERNIBLE/CROSS-TALK)
MR. DURSO: BUT THERE'S NO GUARANTEE OF IT.
MR. PRETLOW: BUT THEY COULD, OF COURSE, BE
TRANSFERRED TO ANOTHER FACILITY. BUT IF THEY'RE NEEDED WHERE THEY'RE FIRST
HIRED, THEY'RE NOT GONNA BE TRANSFERRED.
MR. DURSO: UNDERSTOOD. BUT YOU HAD -- YOU HAD
STATED JUST EARLIER THAT CLOSING SOME OF THE PRISONS, POSSIBLY, RIGHT, AND
MOVING THEM TO BIGGER CITY AREAS WHERE THEY COULD ATTRACT MORE PEOPLE
AND PEOPLE COULD THEN COMMUTE EASIER, THIS WAS THE COUNTER-ARGUMENT.
BECAUSE AGAIN, SOMEONE IN NEW JERSEY COULD APPLY, GET HIRED, BUT
THEN BE SENT TO BUFFALO.
MR. PRETLOW: I'M PRETTY SURE IF SOMEONE FROM
NEW JERSEY IS HIRED THEY'D KNOW WHAT FACILITY THEY WOULD BE ASSIGNED
TO, AND MORE THAN LIKELY NOT BE TRANSFERRED TO SOMEPLACE FAR AWAY FROM
THEIR HOME.
MR. DURSO: OKAY. IS -- IS THERE ANY POSSIBILITY OR
ANY THOUGHT ON STATE HOUSING FOR SOME OF THE WORKERS THAT WILL BE
HIRED, THAT MAY BE --
(INDISCERNIBLE/CROSS-TALK)
MR. PRETLOW: MY UNDERSTANDING IS THAT MANY OF
THEM NOW LIVE IN TRAILERS OUTSIDE THE FACILITIES BUT THERE'S NO STATE
47
NYS ASSEMBLY MAY 7, 2025
HOUSING BEING BUILT.
MR. DURSO: WE HAVE TRAIL -- I'M SORRY, CAN YOU SAY
-- WE HAVE TRAILERS --
MR. PRETLOW: IT'S MY UNDERSTANDING THAT MANY
CORRECTION OFFICERS ARE LIVING IN TRAILERS OUTSIDE OF THE FACILITY BECAUSE
THERE IS NO STATE HOUSING --
(INDISCERNIBLE/CROSS-TALK)
MR. DURSO: IS THAT ATTRACTIVE TO PEOPLE TO COME
WORK FOR THE CORRECTIONAL -- I'M (INDISCERNIBLE/CROSS-TALK).
MR. PRETLOW: I DON'T KNOW HOW ATTRACTIVE IT IS,
BUT TRAILER PARKS ARE QUITE POPULAR ACROSS THE COUNTRY AND I DON'T KNOW
WHAT --
MR. DURSO: WELL, I DIDN'T SAY THAT. THAT'S NOT
WHAT I SAID. I JUST SAID THAT TRAILERS OUTSIDE OF A PRISON DOESN'T SOUND
ALL THAT ATTRACTIVE. THAT WAS -- THAT WAS PRETTY GOOD.
SO, LET ME JUST MAKE SURE I HAVE NO OTHER QUESTIONS.
SO GOING BACK TO 18-YEAR-OLDS BEING ABLE TO, AGAIN, WORK IN A CAPACITY
IN A PRISON WITH A CONTACT ROLE AND/OR HAVE TO USE -- BEING
(INDISCERNIBLE) IF THEY'RE CARRYING A FIREARM. DOES THAT STOP THEM FROM
BEING ABLE TO APPLY FOR A CONCEALED-CARRY LICENSE WHEN THEY'RE WORKING
OFF DUTY? IN OTHER WORDS, A LOT OF THOSE CORRECTION OFFICERS OBVIOUSLY
CARRY A FIREARM ON THEM WHEN THEY'RE OFF DUTY, OBVIOUSLY TO PROTECT
THEMSELVES, THEIR FAMILY. AND MOST OF THEM ARE ALLOWED TO DO THAT DUE
TO HAVING PEACE OFFICER STATUS. NOW, DOES THAT CHANGE FOR THEM IF THEY
ARE HIRED AT 18 --
48
NYS ASSEMBLY MAY 7, 2025
(INDISCERNIBLE/CROSS-TALK)
MR. PRETLOW: NO, THAT DOES NOT CHANGE FOR THEM.
YOU HAVE TO BE 21 TO APPLY.
MR. DURSO: I'M SORRY, SAY THAT AGAIN, SIR?
MR. PRETLOW: THAT DOES NOT CHANGE FOR THEM.
THEY CANNOT MAKE AN APPLICATION AS AN 18-YEAR-OLD CORRECTION OFFICER
TO HAVE AN OFF-DUTY WEAPON.
MR. DURSO: SO WE'RE NOT GIVING THE CORRECTION
OFFICERS THAT ARE 18 AND 19 THE SAME ABILITY TO PROTECT THEMSELVES AND
THEIR FAMILY AFTER WORKING IN A CORRECTIONAL FACILITY WHEN THEY'RE
WALKING OUT ON THE STREET?
MR. PRETLOW: NO, WE'RE NOT.
MR. DURSO: OKAY. THANK YOU, SIR.
AND THEN JUST TOUCHING ON THE 20 YEAR RETIREMENT FOR
THE NEW YORK CITY CORRECTIONS OFFICERS. WAS THAT, IN YOUR ESTIMATION,
A FINANCIAL ISSUE THAT THEY DIDN'T ALLOW THAT TO HAPPEN?
MR. PRETLOW: NO. THAT'S NOT IN THIS BILL.
MR. DURSO: THAT'S NOT IN THIS BILL? I'M SORRY, SIR. I
MAY HAVE BEEN CONFUSED. JUST GIVE ME ONE SECOND IF YOU DON'T MIND.
(CONFERENCING)
SO WE HAVE IT AS PART SS, SIR.
MR. PRETLOW: WE'RE TALKING NYPD
(INDISCERNIBLE) CORRRECTIONS OFFICERS DO NOT --
MR. DURSO: RIGHT. I'M -- THAT'S WHAT I'M SAYING.
SO NYPD HAS A 20 YEAR.
49
NYS ASSEMBLY MAY 7, 2025
MR. PRETLOW: RIGHT.
MR. DURSO: CORRECT? BUT NEW YORK CITY
CORRECTIONS DOES NOT HAVE A 20 RETIREMENT IN THIS, CORRECT?
MR. PRETLOW: THAT IS CORRECT.
MR. DURSO: IS THAT A FINANCIAL ISSUE IS THAT THEY'RE
NOT ALLOWING TO GET 20 YEAR AND --
(INDISCERNIBLE/CROSSTALK)
MR. PRETLOW: THERE ARE NUMEROUS RETIREMENT
BILLS THAT GO THROUGH THIS CHAMBER ON AN ANNUAL BASIS AND THEIR
PENSION SYSTEM WAS SET UP IN A DIFFERENT WAY. RIGHT NOW THE
CORRECTIONS OFFICERS IN NEW YORK CITY DO NOT HAVE A 20 YEAR
RETIREMENT, BUT I'M PRETTY SURE THERE'S A BILL FLOATING AROUND SOMEWHERE
TO GIVE THEM THAT.
MR. DURSO: WILL THAT BILL BE IN ONE OF OUR BUDGET
BILLS --
(INDISCERNIBLE/CROSSTALK)
MR. PRETLOW: THAT WOULD BE A STANDALONE BILL
MORE THAN LIKELY.
MR. DURSO: THAT WOULD BE A STANDALONE BILL. AND
-- AND AGAIN, YOU'RE UNDERSTANDING THAT IT'S MORE OF A FINANCIAL ISSUE
THAT THEY'RE NOT ALLOWING THOSE CORRECTION OFFICERS TO GET A 20 YEAR
RETIREMENT?
MR. PRETLOW: WELL, IT IS A FINANCIAL ISSUE, OF
COURSE.
MR. DURSO: AGAIN, WHEN WE'RE TALKING ABOUT
50
NYS ASSEMBLY MAY 7, 2025
RECRUITING AND RETAINMENT OF CORRECTIONS OFFICERS, INCLUDING IN NEW
YORK CITY WHERE A LOT OF THEM DO LEAVE AND GO OVER TO NYPD, OR A LOT
OF THEM ARE JUST LITERALLY WAITING FOR THAT 20 YEAR RETIREMENT TO GET IN
AND GET OUT. AND WE CAN'T RETAIN THEM, KEEP THEM. OBVIOUSLY THE
PRISONS ARE DANGEROUS, CONDITIONS IN NEW YORK CITY PRI -- PRISONS ARE
AWFUL. WE HAVE NO OTHER RETAINMENT TOOL TO HIRE MORE OFFICERS. I THINK
A 20 YEAR RETIREMENT WOULD BE SOME WAY TO BRING MORE PEOPLE INTO
THAT THAT'S NEEDED, DON'T YOU THINK?
MR. PRETLOW: MORE THAN LIKELY, BUT I THINK THIS IS
TRUE IN MANY OTHER AREAS. I MEAN HALF THE AREA THAT I REPRESENT, THEY
CANNOT KEEP POLICE OFFICERS BECAUSE SURROUNDING COMMUNITIES PAY 20
PERCENT MORE THAN THE COMMUNITY THAT I REPRESENT THE POLICE OFFICERS.
SO THEY GO TO MY CITY WHERE THERE'S ALWAYS A VACANCY. THEY GET
TRAINING AND THEN THEY JUMP SHIP AND GO SOMEPLACE ELSE. IT'S A
FINANCIAL ISSUE, BUT IT'S FELT IN MANY OTHER AREAS OTHER THAN CORRECTION
OFFICERS.
MR. DURSO: THANK YOU, MR. PRETLOW. I APPRECIATE
YOU ANSWERING MY QUESTIONS. THANK YOU, SIR.
ACTING SPEAKER HUNTER: THANK YOU.
MR. GANDOLFO.
MR. GANDOLFO: THANK YOU, MADAM SPEAKER.
WOULD THE CHAIR PLEASE YIELD FOR A COUPLE QUESTIONS.
ACTING SPEAKER HUNTER: WILL THE CHAIR
YIELD?
MR. PRETLOW: YES.
51
NYS ASSEMBLY MAY 7, 2025
ACTING SPEAKER HUNTER: THE CHAIR YIELDS.
MR. GANDOLFO: I FELT THAT. I'M SORRY.
(LAUGHTER)
SO MOST OF MY QUESTIONS ARE GOING TO FOCUS AROUND
THE CORRECTIONS AND PRISON ISSUES AS WELL, AND I APOLOGIZE IF SOME OF
THEM SEEM REDUNDANT BUT I'M JUST LOOKING FOR SOME CLARITY.
SO IN LOWERING THE MINIMUM AGE FOR CORRECTION
OFFICERS TO 18, THEY WOULD STILL BE PEACE OFFICERS, CORRECT --
MR. PRETLOW: YES.
MR. GANDOLFO: -- EVEN THOUGH THEY'RE WORKING IN
MORE OF THESE CLERICAL ROLES? OKAY. THANK YOU.
YOU STATED DURING YOUR DISCUSSION WITH MY COLLEAGUE
HERE THAT THEY WOULDN'T HAVE REALLY ANY CONTACT WITH THE INMATES THERE.
IS THAT --
MR. PRETLOW: THEY SHOULDN'T UNLESS THEY'RE
SUPERVISED. THEY SHOULD NOT UNDER THE NORMAL COURSE OF THINGS, BUT IF
SOMETHING COMES UP AND THEY'RE SUPERVISED THEY WILL NOT -- THEY COULD
HAVE CONTACT.
MR. GANDOLFO: OKAY. AND DO THEY HAVE TO BE
SUPERVISED IN ALL OF THEIR DUTIES?
MR. PRETLOW: NO.
MR. GANDOLFO: OKAY. SO NOT SUPERVISED IN ALL OF
THE DUTIES. WHICH -- WHAT TYPES OF DUTIES WOULD THEY HAVE TO BE
SUPERVISED BY --
MR. PRETLOW: IF THEY'RE TYPING IN THE OFFICE, IF
52
NYS ASSEMBLY MAY 7, 2025
THEY'RE ADMITTING VISITORS, IF THEY'RE WORKING IN THE YARD OUTSIDE, IF
THEY'RE -- BUT EVEN (INDISCERNIBLE) -- NON-CONTACT JOBS, THERE ARE
NUMEROUS JOBS IN A FACILITY THAT DO NOT HAVE CONTACT WITH THE INMATES.
MR. GANDOLFO: OKAY. SO IF THERE'S NO CONTACT
WITH --
MR. PRETLOW: RIGHT.
MR. GANDOLFO: -- OKAY. THEN THERE WOULD BE NO
SUPERVISION.
MR. PRETLOW: YES.
MR. GANDOLFO: YOU MENTIONED THEY MIGHT WORK
IN -- IN AN INFIRMARY. WOULD THAT BE A SITUATION WHERE THEY WOULD
REQUIRE,
MR. PRETLOW: IF THEY WORKED IN THE INFIRMARY AND
SOMEONE WAS BROUGHT IN THEY WOULD HAVE TO BE SUPERVISED.
MR. GANDOLFO: OKAY. AND SO GIVEN THE LIMITED
SCOPE OF WITH WHAT AN UNDER 21 CORRECTIONS OFFICER CAN DO, HOW MUCH
DO WE EXPECT THAT TO IMPROVE THE STAFFING CAPACITIES OF THESE FACILITIES?
I KNOW THERE'S SOME PROVISIONS IN THERE TO -- FOR THE COMMISSIONER TO
SUBMIT A REPORT. LET ME GO BACK, ACTUALLY. WHAT IS THE CURRENT STAFFING
CAPACITY FOR MOST OF OUR STATE PRISONS?
MR. PRETLOW: RIGHT NOW WE'RE -- MY
UNDERSTANDING IS THAT WE'RE 4,000 CORRECTION OFFICERS SHORT.
MR. GANDOLFO: OKAY.
MR. PRETLOW: AND TRYING TO FILL THAT GAP. SO
WHAT WE'VE DECIDED TO -- WHAT WE'VE DONE IN NEGOTIATIONS IS SAYING IF
53
NYS ASSEMBLY MAY 7, 2025
WE CAN GET UP TO A 90 PERCENT CAPACITY, THEN WE WON'T HAVE THE NEED TO
TAKE OUT-OF-STATE INDIVIDUALS UNDER -- UNDER 21, BUT AS IT STANDS RIGHT
NOW TO KEEP THE SAFETY OF THE -- OF THE INMATES, WE NEED A HIGHER
NUMBER OF CORRECTION OFFICERS. SO WHAT THIS DOES IS REMOVES AN
EXPERIENCED CORRECTION OFFICER FROM NON-CONTACT DUTIES THEY HAVE NOW
AND PUT THEM INTO THE FACILITY AND REPLACE THEM WITH PEOPLE BETWEEN
THE AGES OF 18 AND 21.
MR. GANDOLFO: DO YOU KNOW PERCENTAGE-WISE
WHAT THE STAFFING CAPACITY IS? I KNOW WE HAVE TO -- WE'RE LOOKING TO
GET IT UP TO 90. DO YOU KNOW --
MR. PRETLOW: NOT OFF THE TOP OF MY HEAD.
(CONFERENCING)
SO WE NEED 2,500 TO GET TO --
MR. GANDOLFO: TWENTY-FIVE HUNDRED, OKAY. SO
NOW THE DOCCS COMMISSIONER HAS TO SUBMIT A STAFFING CAPACITY
REPORT TO THE GOVERNOR AND THE LEGISLATURE UNTIL WE HIT THAT 90 PERCENT
--
MR. PRETLOW: YES.
MR. GANDOLFO: -- STAFFING CAPACITY.
MR. PRETLOW: YES.
MR. GANDOLFO: WHY DON'T THEY HAVE TO CONTINUE
SUBMITTING THE REPORTS SO WE CAN MONITOR IF IT'S, YOU KNOW, STAYING
ABOVE 90 PERCENT, IF IT'S CLOSER TO 95? WHY ARE WE ALLOWING THEM TO
JUST STOP SUBMITTING THAT REPORT?
MR. PRETLOW: WELL, THIS IS GOING TO HAPPEN
54
NYS ASSEMBLY MAY 7, 2025
REGULARLY UNTIL THEY HIT THE 90 PERCENT.
MR. GANDOLFO: RIGHT, BUT IF -- IF WE HIT 90
PERCENT, WHY DO THEY NO LONGER HAVE TO SUBMIT THE STAFFING CAPACITY
REPORT? DON'T YOU THINK THAT'S SOMETHING THAT SHOULD BE CONTINUALLY
MONITORED TO SEE IF IT'S, YOU KNOW, STARTING TO DIP BACK DOWN BELOW THE
90?
MR. PRETLOW: MORE THAN LIKELY, YEAH.
MR. GANDOLFO: OKAY. SO IT SHOULD -- OKAY. SO
IS THERE ANY PROVISION THAT IF IT DOES DIP BELOW 90 PERCENT THAT THEY
HAVE TO START SUBMITTING THEIR REPORTS AGAIN?
MR. PRETLOW: NO.
MR. GANDOLFO: OKAY. I REALLY THINK THAT SHOULD
BE IN THERE BECAUSE IF, YOU KNOW, IF SOME OF THESE CHANGES DON'T WORK,
THE EXAMPLE USED OF OUT-OF-STATE WORKERS, AND MAYBE THERE'S NEEDS IN A
PRISON A LITTLE FARTHER AWAY THAN THEY HAD ORIGINALLY EXPECTED TO WORK
IN AND THEY DECIDE THEY'RE GOING TO LEAVE THE WORKFORCE. DO YOU
ENVISION A SCENARIO WHERE THE STAFFING RATIO -- STAFFING CAPACITIES COULD
START DECLINING?
MR. PRETLOW: IT COULD.
MR. GANDOLFO: OKAY. OKAY. AND JUST ON A
COUPLE OF THE OTHER ISSUES THAT HAVE BEEN RAISED BY A LOT OF CORRECTIONS
OFFICERS. I KNOW IN THE AGREEMENT WHERE A LOT OF THE COS RETURN TO
WORK, SOME PROVISIONS OF HALT WAS SUSPENDED FOR 90 DAYS. I KNOW
THERE'S THAT COMMITTEE THAT IS WORKING TO RECOMMEND CHANGES. ARE
THERE ANY CHANGES TO HALT IN THIS BUDGET?
55
NYS ASSEMBLY MAY 7, 2025
MR. PRETLOW: NO.
MR. GANDOLFO: OKAY. IS THERE ANY REASON WHY
THERE ARE NO CHANGES TO HALT?
MR. PRETLOW: WELL, THAT WASN'T PART OF THE
NEGOTIATIONS WHEN WE DID THAT.
MR. GANDOLFO: OKAY. SO THERE'S --
(INDISCERNIBLE/CROSSTALK)
OKAY. YOU KNOW, I THINK THAT'S SOMETHING THAT REALLY
WOULD MEAN A LOT TO OUR CORRECTIONS OFFICERS AND FOR THE RECRUITMENT
ABILITY. I KNOW ONE ISSUE ON MY VISITS TO RIKERS ISLAND THAT WERE RAISED
WERE THE -- THE ISSUE OF SEXUAL ASSAULTS ON CORRECTIONS OFFICERS FROM
INMATES, SPECIFICALLY FEMALE CORRECTIONS OFFICERS. THERE IS LEGISLATION
INTRODUCED IN OUR HOUSE THAT WOULD ESTABLISH THE CRIME OF FORCEABLE
TOUCHING OF A CORRECTIONS OFFICER. IS ANYTHING LIKE THAT INCLUDED IN THIS
BUDGET?
MR. PRETLOW: YOU'RE SAYING THERE WAS SEXUAL
ASSAULTS BY FEMALE INMATES ON CORRECTION OFFICERS AND --
MR. GANDOLFO: NO, NO. BY MALE INMATES ON --
(INDISCERNIBLE/CROSSTALK)
MR. PRETLOW: OKAY. OKAY.
MR. GANDOLFO: SORRY IF I WORDED IT A LITTLE
CLUNKY, BUT REGARDLESS, IS THERE -- IS THERE ANYTHING THAT ADDRESSES THAT
ISSUE AND ESTABLISHES A CRIME OF FORCIBLE TOUCHING OF A CORRECTIONS
OFFICER?
MR. PRETLOW: WELL, NO. THAT'S NOT IN THIS -- THIS
56
NYS ASSEMBLY MAY 7, 2025
BILL, NO.
MR. GANDOLFO: OKAY. AND NOW WHAT ABOUT THE
DEATH GAMBLE? IS THERE ANYTHING ADDRESSING THE ISSUE OF THE DEATH
GAMBLE WHERE IF CORRECTIONS OFFICERS WORK PAST THEIR RETIREMENT AGE
AND THEN PASS AWAY, THEIR BENEFICIARIES LOSE OUT ON THEIR PENSION
BENEFITS. I KNOW THAT'S A BIG ISSUE FOR A LOT OF CORRECTIONS OFFICERS AND
MOST LIKELY DOES IMPACT THE RECRUITMENT OF CORRECTIONS OFFICERS AND THE
STAFFING LEVELS. IS THERE ANY CHANGE TO THE DEATH GAMBLE THAT THE
GOVERNOR'S VETOED?
MR. PRETLOW: NO, THERE ISN'T.
MR. GANDOLFO: OKAY. OKAY. BECAUSE SHE HAD
SAID IT SHOULD BE TAKEN UP IN THE BUDGET, BUT EVEN THOUGH IT'S VETOED,
IT'S NOT IN THE BUDGET. IS THERE A REASON WHY THAT -- THAT DIDN'T MAKE THE
CUT?
MR. PRETLOW: AS -- AS I STATED EARLIER, WE PASS A
LOT OF PENSION BILLS IN THIS HOUSE AND THAT WAS ONE OF THE ONE TIMES IT
WOULD MORE THAN LIKELY BE PART OF THE NEGOTIATIONS AGAIN.
MR. GANDOLFO: OKAY. ALL RIGHT. THANK YOU.
NOW IN TERMS OF JUST GOING BACK, I WANT TO BE CLEAR I
HEARD THIS CORRECTLY. SO THE 18-YEAR-OLD CORRECTIONS OFFICERS OR UNDER
21 CORRECTIONS OFFICERS, THEY WOULD RECEIVE THE FIREARMS TRAINING AS
PART OF THE ACADEMY, BUT THEY -- UNDER NO CIRCUMSTANCES WOULD BE
ABLE TO CARRY A FIREARM.
MR. PRETLOW: THAT IS CORRECT.
MR. GANDOLFO: AND ALSO THEY COULD NOT CARRY
57
NYS ASSEMBLY MAY 7, 2025
OUTSIDE OF THEIR WORK HOURS.
MR. PRETLOW: THAT IS CORRECT.
MR. GANDOLFO: OKAY. ALL RIGHT.
MR. PRETLOW, THOSE ARE ALL THE QUESTIONS I HAVE.
MADAM SPEAKER, ON THE BILL BRIEFLY.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. GANDOLFO: THANK YOU, MADAM SPEAKER.
YOU KNOW, CONTAINED IN THIS BUDGET BILL IS SUPPOSED
TO BE THE SOLUTION TO A LOT OF THE STAFFING PROBLEMS THAT OUR STATE
PRISONS ARE FACING. UNFORTUNATELY A LOT OF THEM APPEAR TO BE HALF
MEASURES THAT ARE GOING TO PROVIDE THE LONG-TERM STABILITY FOR THAT
WORKFORCE. THEY ARE -- CONTINUE TO BE -- OUR CORRECTIONS OFFICERS
CONTINUE TO LACK SOME OF THE BENEFITS AND PROTECTIONS THAT OTHER LAW
ENFORCEMENT OFFICERS HAVE, AND THEN WE'RE WONDERING WHY WE'RE
HAVING A HARD TIME RETAINING AND ATTRACTING PEOPLE TO WORK IN THESE
JOBS TO AVOID THE CRISIS THAT WE SAW LESS THAN TWO MONTHS AGO. IT'S -- OF
COURSE IT'S NICE TO SEE SOMETHING DONE, BUT WE'RE REALLY NOT GOING FAR
ENOUGH TO MAKE A MEANINGFUL CHANGE FOR THESE OFFICERS WHO PUT THEIR
HEALTH AND SAFETY ON THE LINE EACH AND EVERY DAY THAT THEY SHOW UP TO
WORK. I JUST THINK WE CAN DO BETTER HERE. THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MR. SLATER.
MR. SLATER: THANK YOU, MADAM SPEAKER. WILL
THE CHAIRMAN YIELD FOR SOME QUESTIONS?
ACTING SPEAKER HUNTER: WILL THE CHAIR
58
NYS ASSEMBLY MAY 7, 2025
YIELD?
MR. PRETLOW: YES, I WILL.
MR. SLATER: THANK YOU VERY MUCH, CHAIRMAN. I
APPRECIATE YOUR TIME.
I JUST WANT TO TOUCH BASE ON SOME OF THE CAMPAIGN
FINANCE CHANGES TO BEGIN WITH. I KNOW THAT YOU ANSWERED SOME OF MY
COLLEAGUES' QUESTIONS EARLIER. I JUST WANTED TO DIVE A LITTLE BIT DEEPER
INTO THAT IF WE COULD. JUST CURIOUS IF WE KNOW HOW MUCH MONEY WAS
SPENT LAST YEAR ON THE PUBLIC FINANCE PROGRAM HERE IN NEW YORK STATE.
MR. PRETLOW: CAN I DEFER THAT QUESTION TO
CHAIRMAN -- CHAIRWOMAN WALKER?
MR. SLATER: SURE.
MS. WALKER: THANK YOU, MR. CHAIRMAN. THE
ANSWER TO THAT IS 35 MILLION, MR. SLATER.
MR. SLATER: GREAT. THANK YOU VERY MUCH. DO
WE KNOW HOW MANY PARTICIPANTS WE HAD IN THAT PROGRAM?
MS. WALKER: OF THE 336 ASSEMBLY POLITICAL
CANDIDATES IN THE 2024 ELECTION CYCLE, 67 PERCENT WERE REGISTERED FOR
THE PUBLIC CAMPAIGN FINANCE PROGRAM. OF THAT 67 PERCENT, 59 PERCENT
PARTICIPATED IN AND RECEIVED MATCHING FUNDS IN THE 2024 GENERAL
ELECTION.
MR. SLATER: AND THAT WAS JUST THE ASSEMBLY. IT
DIDN'T INCLUDE SENATE CANDIDATES, CORRECT?
MS. WALKER: NO.
MR. SLATER: DO WE KNOW WHAT THAT NUMBER IS JUST
59
NYS ASSEMBLY MAY 7, 2025
SO WE HAVE A CUMULATIVE?
MS. WALKER: WE CAN GET THAT FOR YOU.
MR. SLATER: OKAY. THAT'S FINE. WE CAN MOVE ON.
SO I JUST WANTED TO DIVE DEEPER INTO THE MATCH,
BECAUSE WE ARE CHANGING SOME OF THOSE PARAMETERS THAT WE HEARD
EARLIER. SO JUST TO MAKE SURE I'M CLEAR, WHAT IS THE CALCULATION IF
SOMEONE RECEIVES A THOUSAND -- $1,050 DONATION AND THE $250 ARE
MATCHED? WHAT WOULD THAT MATCHABLE CALCULATION BE?
MS. WALKER: TWENTY-THREE HUNDRED DOLLARS.
MR. SLATER: AND THAT'S THE SAME AS IT WAS
PREVIOUSLY, CORRECT?
MS. WALKER: CORRECT.
MR. SLATER: OKAY. GREAT. I APPRECIATE THAT.
AND I WANTED TO JUST TOUCH ON THE DEFINITION OF
SURPLUS, BECAUSE THERE SEEMED TO BE A LOT OF CONFUSION DURING LAST
CYCLE ON HOW A SURPLUS IS CALCULATED. DOES THE LANGUAGE PROVIDED IN
THIS BILL SPECIFICALLY LINE OR CALL OUT HOW THEY DEFINE SURPLUS?
MS. WALKER: YES. IF YOU LOOK IN PART OO,
SECTION 1 DOWN TO ON THE THIRD PAGE TO LINE NUMBER 19 -- SORRY. LINE
NUMBER 3, SECTION NO. 19. SURPLUS MEANS THOSE FUNDS WHERE THE TOTAL
SUM OF CONTRIBUTIONS RECEIVED AND PUBLIC MATCHABLE FUNDS RECEIVED BY
A PARTICIPATING CANDIDATE AND HIS OR HER OR THEIR AUTHORIZED COMMITTEE
EXCEEDS THE TOTAL CAMPAIGN EXPENDITURES OF SUCH CANDIDATE IN
AUTHORIZED COMMITTEE FOR ALL COVERED ELECTIONS HELD IN THE SAME
CALENDAR YEAR, OR FOR A SPECIAL ELECTION TO FILL A VACANCY. FOR PURPOSES
60
NYS ASSEMBLY MAY 7, 2025
OF THIS SUBDIVISION, TOTAL CAMPAIGN EXPENDITURES SHALL INCLUDE
TRANSFERS, CONTRIBUTIONS OUT AND ALL OTHER LAWFUL LIABILITIES INCURRED.
THOSE -- THAT WAS THE UPDATE, SIR.
MR. SLATER: VERY GOOD. I -- I APPRECIATE THAT. SO
JUST TO MAKE SURE I'M CLEAR, SOMEONE CAN TRANSFER FUNDS CURRENTLY
BASED ON THE STATE BOARD OF ELECTION'S RULING TO EITHER ANOTHER
HOUSEKEEPING ACCOUNT OR SOME OTHER CAMPAIGN ACCOUNT; IS THAT TRUE?
MS. WALKER: CORRECT.
MR. SLATER: AND SO ARE WE CODIFYING THAT ABILITY
HERE? BECAUSE THAT WAS JUST A RULING BY THE STATE BOARD OF ELECTIONS.
IT WASN'T IN ANY OF THE LANGUAGE THAT WE PASSED, TO MY KNOWLEDGE, HERE
AS A LEGISLATURE.
MS. WALKER: SO THE DEFINITION OF TRANSFER MEANS
-- WHICH WAS -- WHICH IS INCLUDED IN THE LAW, MEANS ANY EXCHANGE OF
FUNDS BETWEEN A PARTY OR CONSTITUTED COMMITTEE AND A CANDIDATE OR ANY
OF HIS OR HER AUTHORIZED COMMITTEES.
MR. SLATER: AND SO YOU COULD RECEIVE PUBLIC
FUNDS AND TRANSFER THOSE PUBLIC FUNDS INTO ONE OF THOSE COMMITTEES.
MS. WALKER: YES.
MR. SLATER: GREAT. THANK YOU FOR THE
CLARIFICATION. I APPRECIATE THAT. AND I WANT TO JUST GET INTO THE
CARRYOVER. I KNOW THAT MY COLLEAGUE TOUCHED UPON IT EARLIER.
SO RIGHT IN THE -- IN THE CURRENT SYSTEM, CARRYOVER
FUNDS WAS NOT ALLOWED. IN THE NEW SYSTEM, UNDER THESE PROVISIONS,
WE'RE GOING TO ALLOW UP TO $50,000. IS THAT PUBLIC OR NON-PUBLIC FUNDS
61
NYS ASSEMBLY MAY 7, 2025
OR ARE YOU CO-MINGLING BOTH?
MS. WALKER: NON-PUBLIC FUNDS.
MR. SLATER: NON-PUBLIC FUNDS. SO YOU CANNOT
CARRY OVER ANY MONEY THAT YOU RECEIVE FROM THE STATE INTO A -- A -- THE
FOLLOWING YEAR ELECTION.
MS. WALKER: THAT'S CORRECT.
MR. SLATER: OKAY. FANTASTIC. ARE THERE
LIMITATIONS ON HOW THOSE FUNDS THAT ARE CARRIED OVER CAN BE USED?
MS. WALKER: NO. ANY -- WELL, THERE ARE CERTAIN
LIMITATIONS, OF COURSE, IN TERMS OF WHAT IS --
MR. SLATER: OF COURSE.
MS. WALKER: -- INELIGIBLE --
MR. SLATER: YES.
MS. WALKER: -- CAMPAIGN EXPENSE, BUT NO.
MR. SLATER: OKAY. SO AS LONG AS IT'S BASICALLY A
TRADITIONAL CAMPAIGN ACCOUNT FOLLOWING THE TRADITIONAL EXPENDITURE
RULES OF THAT TYPE OF CAMPAIGN.
MS. WALKER: THAT'S CORRECT.
MR. SLATER: OKAY. OKAY. VERY GOOD. AND I JUST
WANT TO MAKE SURE I CLARIFY. SO IT WAS SAID EARLIER THAT IT IS A ONE-TIME
ROLLOVER OF -- OF $50,000. SO IF YOU ROLL IT OVER FROM LAST YEAR TO THIS
YEAR HYPOTHETICALLY, YOU GO THROUGH THE CYCLE AND YOU GO ON TO ANOTHER
CYCLE, YOU CAN'T ROLL OVER ANOTHER 50,000? IS THAT AN ACCURATE
UNDERSTANDING OF WHAT WAS SAID? OR SINCE IT'S NON-PUBLIC YOU CONTINUE
TO ROLL?
62
NYS ASSEMBLY MAY 7, 2025
MS. WALKER: YOU CAN ROLL OVER $50,000 PER CYCLE.
MR. SLATER: PER CYCLE.
MS. WALKER: YES.
MR. SLATER: SO IT'S NOT A ONE-TIME.
MS. WALKER: IT'S NOT.
MR. SLATER: AND SINCE IT'S NON-PUBLIC DOLLARS,
THEY'RE NOT DOLLARS PROVIDED BY THE STATE, YOU CONTINUE TO ROLL THOSE IN
PERPETUITY REALLY.
MS. WALKER: CORRECT.
MR. SLATER: OKAY. THANK YOU VERY, VERY MUCH. I
APPRECIATE THOSE CLARIFYING QUESTIONS.
IF I COULD, I'D LIKE TO PIVOT, MR. CHAIRMAN, OVER TO
SOME OF OUR CORRECTION QUESTIONS. AND I DO WANT TO THANK MY COLLEGE
CHAIR WALKER FOR ANSWERING THOSE QUESTIONS FOR ME ON -- ON THE
ELECTION SIDE, ABSOLUTELY.
SO MR. CHAIRMAN, ON THE BODY-WARN CAMERAS --
MR. PRETLOW: YES.
MR. SLATER: I JUST WANT TO TALK ABOUT THAT A LITTLE
BIT IF WE COULD. WAS THIS POLICY DISCUSSED WITH ANY COLLECTIVE
BARGAINING UNITS?
MR. PRETLOW: I'M NOT AWARE IF THEY WERE
DISCUSSED WITH COLLECTIVE BARGAINING UNITS, BUT IT'S SOMETHING THAT
SHOULD'VE BEEN DONE A LONG TIME AGO, NOTWITHSTANDING ANY COLLECTIVE
BARGAINING.
MR. SLATER: UNDERSTOOD. SO DOES DOCCS HAVE
63
NYS ASSEMBLY MAY 7, 2025
ANY RULES OR REGULATIONS THAT SPEAK TO BODY-WORN CAMERAS?
MR. PRETLOW: WELL, AT LEAST SOME WERE WEARING
BODY CAMERAS ALREADY. IT'S EVIDENCED BY THE -- THE TAPE [SIC] THAT WERE
MADE OF THE MURDER OF MR. BROOKS, BUT THEY WEREN'T ALL REQUIRED TO
HAVE THEM ON AS THE SECOND INSTANCE WHERE AN INDIVIDUAL WAS
MURDERED IN A PRISON, THE CAMERAS HAPPENED NOT TO BE ON.
MR. SLATER: SO THEN THERE'S CLEARLY RULES AND REGS
THAT ALLOW -- DO WE KNOW IF THE LANGUAGE IN THIS PARTICULAR BILL
COMPLIES WITH WHAT'S ALREADY IN PLACE FROM A --
(INDISCERNIBLE/CROSSTALK)
MR. PRETLOW: WELL, THE LANGUAGE STILL MANDATES
THAT THEY WEAR THEIR CAMERAS AND TURNED ON AT ALL TIMES.
MR. SLATER: SO THERE'S A NEW --
MR. PRETLOW: SO -- SO IT'S A LOT MORE EXPANSIVE
THAN WHAT WE HAVE RIGHT NOW.
MR. SLATER: MORE EXPANSIVE, UNDERSTOOD. AND SO
DOES THE NEW POLICY CONFLICT WITH ANY COLLECTIVE BARGAINING
AGREEMENTS WHICH MAY BE IN PLACE?
MR. PRETLOW: I'M NOT AWARE OF THAT.
MR. SLATER: DID WE REVIEW ANY COLLECTIVE
BARGAINING AGREEMENTS THAT ENSURE THAT THEY WEREN'T IN CONFLICT?
MR. PRETLOW: I DID NOT -- WHAT CONFLICTS ARE YOU
REFERRING TO? WHY --
(INDISCERNIBLE/CROSSTALK)
MR. SLATER: WELL, AGAIN, I MEAN MOST OF THE TIME
64
NYS ASSEMBLY MAY 7, 2025
THESE TYPES OF MATTERS ARE COLLECTIVELY BARGAINED. AND SO WE'RE
MANDATING THAT IT -- INTO PLACE, AND SO THERE ARE ALREADY COLLECTIVE
BARGAINING AGREEMENTS IN PLACE, SPECIFICALLY WITH OUR CORRECTION
OFFICERS?
MR. PRETLOW: YES.
MR. SLATER: SO I'M CURIOUS IF THE IMPLEMENTATION
OR THE MANDATE THAT WE'RE PUTTING IN PLACE HERE, IF THAT CONFLICTS WITH
ANY OF THE COLLECTIVE BARGAINING AGREEMENTS THAT ARE CURRENTLY IN PLACE.
MR. PRETLOW: NOT TO MY KNOWLEDGE.
MR. SLATER: AND SO IF SOMEONE DECIDES NOT TO
COMPLY, WHAT'S THE CONSEQUENCE?
MR. PRETLOW: WELL, THAT'S UP TO THE -- THE
COMMISSIONER, THE SUPERINTENDENT. IF I WERE IN CHARGE THE PERSON
WOULD BE TERMINATED IMMEDIATELY, BUT I'M NOT THE SUPERINTENDENT.
MR. SLATER: BUT AREN'T THEY PROTECTED UNDER THEIR
COLLECTIVE BARGAINING AGREEMENT AS WELL? IS THERE A DISCIPLINARY --
MR. PRETLOW: IF THERE ARE MANDATES ON THE,
QUOTE-UNQUOTE, UNIFORM THAT THEY ARE WEARING AND THEY REFUSE TO DO
THAT, THEN THE REPRIMAND SHOULD BE TERMINATION.
MR. SLATER: BUT IT'S NOT --
(INDISCERNIBLE/CROSSTALK)
MR. PRETLOW: IT'S --
MR. SLATER: -- STIP -- IT'S NOT STIPULATED IN THIS,
CORRECT?
MR. PRETLOW: OKAY. SO WHATEVER THE CORRECTIVE
65
NYS ASSEMBLY MAY 7, 2025
ACTIONS THAT ARE UNDER THE CURRENT COLLECTIVE BARGAINING AGREEMENT,
THAT'S WHAT THE, QUOTE-UNQUOTE, PUNISHMENT WOULD BE.
MR. SLATER: I APPRECIATE THAT. THANK YOU.
DOES -- DOES THE -- WHAT IS THE PROCUREMENT PROCESS
GOING TO LOOK LIKE WHEN IT COMES TO PURCHASING THE CAMERAS? IS THERE
A SPECIFIC VENDOR THAT HAS TO BE UTILIZED SINCE SOME ALREADY ARE
UTILIZING THESE CAMERAS? WILL YOU JUST BE USING THE SAME VENDOR?
MR. PRETLOW: THERE -- THERE IS MONEY IN THE --
BEING ALLOCATED --
MR. SLATER: I'M SORRY -- I'M SORRY, SIR. I CAN'T --
I'M HAVING A HARD TIME HEARING YOU.
MR. PRETLOW: TELL MIKE TO SHUT UP.
(LAUGHTER)
MR. SLATER: HE'S A LITTLE BIT TALLER THAN ME.
MR. PRETLOW: THERE'S -- THERE'S MONEY IN THE
BUDGET THAT WE'RE VOTING ON RIGHT NOW, BUT IT DOESN'T DELINEATE THAT IT'S
FOR BODY CAMERAS BUT THAT IS THE INTENTION OF IT.
MR. SLATER: AND SO IS THE THOUGHT PROCESS THAT
EITHER WE'RE GONNA EXPAND THE CURRENT CONTRACT THAT'S IN PLACE OR ARE WE
GONNA HAVE TO REBID?
MR. PRETLOW: YOU MEAN OUR PROCUREMENT
CONTRACT?
MR. SLATER: CORRECT.
MR. PRETLOW: THAT'S NOT REALLY ADDRESSED. WE
JUST HAVE TO PURCHASE THE BODY CAMERAS.
66
NYS ASSEMBLY MAY 7, 2025
MR. SLATER: AND TO MAKE SURE I'M CLEAR, THIS ONLY
APPLIES TO STATE EMPLOYEES, CORRECT?
MR. PRETLOW: YOU'RE TALKING ABOUT CORRECTIONS
EMPLOYEES?
MR. SLATER: CORRECTIONS, YES. STATE CORRECTION
EMPLOYEES, YES.
MR. PRETLOW: BUT THERE COULD BE A MANDATE FOR
SOME CIVILIANS WHO ALSO WEAR BODY CAMS.
MR. SLATER: AND IS THAT STIPULATED IN THIS
LANGUAGE?
MR. PRETLOW: IT'S -- THE COMMISSIONER DECIDES
THAT.
MR. SLATER: SO DOES THAT PERMISSION OR THAT
AUTHORITY, IS THAT PROVIDED WITHIN THIS LANGUAGE OR DOES THAT ALREADY
EXIST?
MR. PRETLOW: YES.
MR. SLATER: IT'S PROVIDED HERE TODAY?
MR. PRETLOW: IT'S IN THE LANGUAGE, YES.
MR. SLATER: UNDERSTOOD. AND -- AND STILL,
BECAUSE WE DO HAVE OTHER UNIONS WHO HAVE MEMBERS IN OUR
CORRECTIONAL FACILITIES, WOULD THEY HAVE TO BE PART OF THOSE
CONVERSATIONS IF THE COMMISSIONER WAS GOING TO MANDATE CIVILIANS
WEAR CAMERAS?
MR. PRETLOW: THAT'S REALLY UP TO THE
COMMISSIONER TO DETERMINE WHO'S INVOLVED IN THOSE CONVERSATIONS.
67
NYS ASSEMBLY MAY 7, 2025
IT'S THE COMMISSIONER'S RESPONSIBILITY TO UPHOLD THE LAW, AND THE LAW IS
WEARING BODY CAMS. THEN IT'S UP TO THE COMMISSIONER IF EITHER HE OR
SHE WANTS SOMEONE ELSE TO BE INVOLVED.
MR. SLATER: AND SO JUST TO MAKE SURE THAT I
UNDERSTAND, THEN, SO WE'RE SAYING THAT ALL STATE CORRECTIONAL OFFICERS
MUST WEAR THEM, AND IT'S UP TO THE DISCRETION OF THE COMMISSIONER TO
HAVE CIVILIAN EMPLOYEES WEAR THEM?
MR. PRETLOW: YEAH.
MR. SLATER: I'M SORRY, SIR?
MR. PRETLOW: YES.
MR. SLATER: YES. OKAY, GREAT.
AND IT HAS NO IMPACT ON COUNTY CORRECTIONS? I JUST
WANT TO BE CLEAR ON THAT.
MR. PRETLOW: NO.
MR. SLATER: NO? VERY, VERY GOOD.
LET ME JUST SEE IF I HAVE ANY OTHER QUESTIONS HERE.
(PAUSE)
IS THERE ANY TYPE OF TRAINING THAT IS REQUIRED FOR THOSE
IN ORDER TO WEAR THE BODY CAMERAS?
MR. PRETLOW: I'M NOT AWARE IF EXTRA TRAINING IS
REQUIRED TO SNAP SOMETHING ON A FIXTURE ON YOUR CHEST AND PUSH A
BUTTON TO TURN IT ON. BUT IF THERE IS EXTRA TRAINING REGARDING THAT, I'M
PRETTY SURE IT WILL TAKE PLACE.
MR. SLATER: I MEAN, SOME OF THE CAMERAS ARE A BIT
NUANCED, IS MY UNDERSTANDING. SO SOME HAVE, LIKE, A 30-SECOND DELAY,
68
NYS ASSEMBLY MAY 7, 2025
SOME HAVE LIKE A MUTE COMPONENT TO IT.
MR. PRETLOW: (INDISCERNIBLE/CROSSTALK) DEFINITELY
BE INFORMED HOW TO OPERATE THE CAMERAS FULLY.
MR. SLATER: AND THEN, AGAIN, BECAUSE HAVING SEEN
SOME OF THIS IMPLEMENTED ELSEWHERE, USUALLY THE COLLECTIVE BARGAINING
UNIT IS PART OF THAT DISCUSSION. SO IF WE'RE SAYING THEY HAVE TO DO THIS,
ARE THEY GONNA BE PART OF THE DISCUSSION ON IMPLEMENTATION?
(INDISCERNIBLE/CROSSTALK)
MR. PRETLOW: YOU KEEP BRINGING UP THE
COLLECTIVE BARGAINING UNIT. I THINK WE'RE DEALING WITH THE HEALTH AND
SAFETY OF BOTH INMATES AND CORRECTION OFFICERS --
MR. SLATER: NO QUESTION.
MR. PRETLOW: -- AND THIS SHOULDN'T BE BARGAINED
AWAY AND SHOULDN'T BE USED AS A TRADING ITEM AT A BARGAINING SESSION TO
GET MORE RENUMERATION [SIC] FOR THEIR WORK OR WHATEVER. THIS SHOULD
NOT BE SOMETHING THAT'S BARGAINABLE.
MR. SLATER: SO -- I'M SORRY, SO YOU'RE SAYING --
MR. PRETLOW: IN MY OPINION,
MR. SLATER: -- THAT IN YOUR OPINION, BODY-WORN
CAMERAS SHOULD NOT BE SOMETHING THAT'S COLLECTIVELY BARGAINED BY
UNION LEADERSHIP?
MR. PRETLOW: YES.
MR. SLATER: OKAY. I TEND TO DISAGREE, BUT THAT'S
OKAY.
I JUST -- SO AGAIN, JUST ON THE TRAINING SIDE. SO THERE'S
69
NYS ASSEMBLY MAY 7, 2025
NO MANDATED TRAINING, THERE'S NO TRAINING THAT'S GOING TO BE PROVIDED
UNLESS IT'S ORCHESTRATED BY THE COMMISSIONER?
MR. PRETLOW: SAY IT AGAIN, PLEASE.
MR. SLATER: ON THE TRAINING SIDE.
MR. PRETLOW: YEAH.
MR. SLATER: SO IT'S NOT MANDATED.
MR. PRETLOW: RIGHT.
MR. SLATER: WE ARE UNSURE IF TRAINING IS GOING TO
BE PROVIDED AT THIS POINT.
MR. PRETLOW: THE USE -- THE USE OF BODY
CAMERAS?
MR. SLATER: YES.
MR. PRETLOW: I'M PRETTY SURE THEY WILL BE TRAINED
ON HOW TO USE THEM.
MR. SLATER: OKAY.
MR. PRETLOW: THAT IS DEFINITELY SOMETHING THEY
SHOULD BE TRAINED ON.
MR. SLATER: VERY GOOD. WELL, AGAIN, I APPRECIATE
THE TIME IN ANSWERING MY QUESTIONS. LOOKING FORWARD TO HAVING MORE
DIALOGUE THROUGHOUT THIS PROCESS.
THANK YOU SO MUCH, MR. CHAIRMAN. THANK YOU,
MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MR. ANGELINO.
MR. ANGELINO: THANK YOU, MADAM SPEAKER. I
70
NYS ASSEMBLY MAY 7, 2025
THINK ALL OF MY QUESTIONS HAVE BEEN ASKED AND ANSWERED BY MY
COLLEAGUES. SO TAKE A BREAK, CHAIR, AND I'LL JUST GO ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. ANGELINO: SPECIFICALLY, WE'RE TALKING ABOUT
SECTION OO, THE PUBLIC FINANCE CAMPAIGN PORTION. I WAS HERE WHEN
THAT BILL WAS ORIGINALLY PASSED FIVE YEARS AGO, AND I KNEW BACK THEN IT
WAS A BAD BILL. I VOTED NO, AND I KNEW IT WAS GONNA BE RIPE FOR
CHANGES AND THAT'S EXACTLY WHAT'S HAPPENING. IT'S ONLY GETTING WORSE.
ORIGINALLY, WE PASSED THIS TO ENCOURAGE SMALL
DONATIONS TO HELP A GRASSROOTS CANDIDATE CHALLENGE AN INCUMBENT. AND
THAT'S WHAT THE LAW WENT INTO EFFECT TWO CYCLES AGO. AND I THINK SOME
OF THE INCUMBENTS SAW WHAT HAPPENED AND THEY REALIZED, HOLY COW,
THE -- THE PLAYING FIELD REALLY IS LEVEL BECAUSE WE ALMOST GOT OUR
BUTTOCKS KICKED. ONCE THAT REACTION HAPPENED, THE -- THE BILL DROPPED I
THINK AT THE LAST CYCLE. BOOM, NOW WE'RE GOING TO LET LARGER -- LARGER
DONATIONS COME IN FROM OTHER PEOPLE. LUCKILY OUR GOVERNOR VETOED
THAT AND THAT WAS A SMART THING TO DO. AND I DON'T KNOW WHY SHE
NEGOTIATED THIS IN NOW BECAUSE IT'S ACTUALLY WORSE THAN WHAT THAT
CHANGE WAS GONNA DO.
I DON'T PARTAKE IN THIS PROGRAM THAT I CALL "WELFARE FOR
POLITICIANS." LAST CYCLE I HAD AN OPPONENT WHO DID PARTAKE IN
PUBLICLY-FINANCED CAMPAIGN. AND I'M NO RONALD REAGAN, BUT HERE I
AM RIGHT NOW.
IN THIS WHOLE BIG CATALOG OF REASONS A TAXPAYER CAN
HATE A POLITICIAN, WE'VE JUST ADDED ANOTHER PAGE. I KNOW MEMBERS
71
NYS ASSEMBLY MAY 7, 2025
FROM BOTH SIDES OF THE AISLE USE THIS AND I KNOW THERE ARE MEMBERS
FROM BOTH SIDES OF THE AISLE WHO DO NOT, AND FOR THEM I'M GRATEFUL AND
I APPRECIATE IT. THE CHANGES THAT WE'RE PROPOSING NOW ARE ONLY GONNA
HELP INCUMBENTS. IT'S NOT GOING TO ENCOURAGE CHALLENGERS. IT'S NOT LIKE
CHALLENGERS ARE SPROUTING LIKE GERANIUMS AROUND US, AND THIS IS
ACTUALLY GONNA DISCOURAGE ANYONE ELSE. THOSE WHO DO USE THIS FROM
BOTH SIDES OF THE AISLE, I'VE TALKED TO THEM AND THEY COMPLAIN ABOUT
HOW CUMBERSOME THE RULES ARE, HOW THE -- EVERYTHING IS SCRUTINIZED,
HOW DIFFICULT IT IS, AND I FEAR THAT IN THE FUTURE THOSE ARE THE NEXT
CHANGES. WE'RE JUST GONNA MAKE IT EASIER TO SPEND TAXPAYER DOLLARS SO
THAT WE CAN KEEP OUR SEATS.
AND TO ECHO MY FIRST COMMENTS, I KNEW THIS WAS A
BAD BILL TO BEGIN WITH YEARS AGO. BUT WHEN I READ THE CHANGES, I GOT TO
TELL YOU, I -- I HAD A LITTLE TROUBLE KEEPING MY FROSTED MINI WHEATS
DOWN THIS MORNING WHEN I WAS READING THIS. BUT I JUST CAN'T WAIT FOR
THE AUDITS TO BEGIN.
THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MR. REILLY.
MR. REILLY: THANK YOU, MADAM SPEAKER. WOULD
THE CHAIRMAN YIELD FOR A FEW QUESTIONS?
ACTING SPEAKER HUNTER: WILL THE CHAIR
YIELD?
MR. PRETLOW: YES.
ACTING SPEAKER HUNTER: THE CHAIR YIELDS.
72
NYS ASSEMBLY MAY 7, 2025
MR. REILLY: THANK YOU, MR. PRETLOW.
SO I'D LIKE TO TURN TO PART NN, CIVIL COURT AND COURT OF
CLAIMS JUDGES.
MR. PRETLOW: YES.
MR. REILLY: SPECIFICALLY, I'M QUESTIONING HOW
MANY JUDGES ARE BEING INCLUDED IN NEW YORK CITY?
MR. PRETLOW: THERE ARE TEN.
MR. REILLY: TEN. AND WHAT'S THE BREAKDOWN?
MR. PRETLOW: THE -- I BELIEVE THEY'RE CIVIL COURT
JUDGES. YOU MEAN THE BREAKDOWN IN THE -- COUNTY BY COUNTY?
MR. REILLY: YES.
MR. PRETLOW: OKAY. TWO -- TWO IN THE BRONX,
THREE IN KINGS COUNTY, ONE IN NEW YORK COUNTY, TWO IN QUEENS AND
ONE IN STATEN ISLAND.
MR. REILLY: HOW MANY IN NEW YORK COUNTY?
MR. PRETLOW: TWO.
MR. REILLY: TWO? OKAY. SO STATEN ISLAND,
RICHMOND COUNTY GETS ONE?
MR. PRETLOW: ONE.
MR. REILLY: OKAY. CAN YOU TELL ME HOW THEY
CAME ABOUT THE ALLOCATIONS?
MR. PRETLOW: IT'S A COMBINATION OF NEED AND
POPULATION.
MR. REILLY: NEED AND POPULATION. SO --
MR. PRETLOW: YEAH, THE ACTUAL DETERMINATION WAS
73
NYS ASSEMBLY MAY 7, 2025
MADE BY THE OFFICE OF COURT ADMINISTRATION.
MR. REILLY: OKAY. SO PIGGYBACKING OFF THE SAME
CONVERSATION THAT WE HAD IN THE LAST BUDGET SEASON, WE HAD 12 JUDGES
APPOINTED TO NEW YORK CITY IN CIVIL COURT, RIGHT? THOSE SEATS WERE
ESTABLISHED. AND ZERO WENT TO STATEN ISLAND, RICHMOND COUNTY. THIS
BUDGET SEASON WE HAVE TEN, AND ONE IS GOING TO STATEN ISLAND. THE
REASON WHY I BRING THAT UP IS BECAUSE SOME OF THE -- ONE THING THAT YOU
JUST MENTIONED IS BASED ON NEED AND VOLUME. SO THE LAST CIVIL COURT
SEAT THAT WAS ESTABLISHED IN RICHMOND COUNTY WAS IN 1968. IN 1968
STATEN ISLAND HAD APPROXIMATELY 300,000 PEOPLE. WE CURRENTLY HAVE A
POPULATION OF JUST UNDER 500,000. AND THE REASON WHY I BRING THAT UP
IS, OUT OF 100 -- APPROXIMATELY 140 CIVIL COURT JUDGES IN NEW YORK
CITY, STATEN ISLAND ONLY GETS 3 PERCENT OF THOSE JUDGES WHILE THEY
REPRESENT 6 PERCENT OF NEW YORK CITY. SO THE DISPARITY IS ONLY GONNA
BE HEIGHTENED BY ADDING ONLY ONE SEAT SINCE WE WERE LEFT OUT LAST YEAR.
IS THERE A WAY WE CAN REMEDY THAT?
MR. PRETLOW: THE ADMINISTRATION -- YOU KNOW,
THE OFFICE OF COURT ADMINISTRATION IS THE ULTIMATE RULER ON HOW JUDGES
ARE DISBURSED AND WHERE THEY SHOULD BE PLACED. WE DON'T REALLY DO
THAT LEGISLATION. LEGISLATIVELY, WE, YOU KNOW, BACK UP WHAT THE OCA
HAS SAID. THEY CAN -- STATEN ISLAND'S -- RICHMOND COUNTY CAN MAKE A
REQUEST AND HOPEFULLY THE CHIEF JUDGE MAKES THE DECISION IN THE FAVOR
OF RICHMOND COUNTY.
MR. REILLY: SO, WE DID MAKE THAT REQUEST LAST --
AFTER LAST YEAR'S BUDGET. WE WROTE A BIPARTISAN LETTER TO THE GOVERNOR'S
74
NYS ASSEMBLY MAY 7, 2025
OFFICE, TO OCA, AND WE INDICATED WHY THAT NEED IS NECESSARY. AND
I'M WONDERING IF THAT DISCUSSION HAPPENED DURING THIS BUDGET
NEGOTIATION.
MR. PRETLOW: WELL, I THINK THE RESPONSE TO YOUR
LETTER LAST YEAR WAS FRUITFUL SINCE YOU'RE GETTING A JUDGE THIS YEAR.
MR. REILLY: SO YOU MENTIONED THE NUMBERS AND
THE VOLUME OF CASES. SO I JUST WANT TO GIVE YOU SOME OF THE DATA FOR
VOLUMES OF CASES AND I'D LIKE TO GET YOUR INPUT ON THAT.
SO IN 2024, NEW YORK COUNTY HAD 25,247 CASES FILED
IN CIVIL COURT. KINGS, 20,902; QUEENS COUNTY, 21,129; BRONX COUNTY,
36,362; AND RICHMOND COUNTY HAD 30,417 CASES FILED, WHICH IS ON PAR
WITH THE REST OF THE BOROUGHS, RIGHT, WITH THE REST OF THE COUNTIES. IN
FACT, QUEENS COUNTY HAD 9,000 LESS. KINGS COUNTY HAD 10,000 LESS,
AND EVEN NEW YORK COUNTY HAD 5,000 CASES LESS THAN RICHMOND
COUNTY CIVIL COURT CASES FILED.
SO THE REASON WHY I BRING THOSE NUMBERS UP -- AND
THAT'S JUST 2024. IF WE GO BACK TO 2023, WE HAVE NEW YORK COUNTY AT
64,000, KINGS COUNTY AT 110,000, QUEENS COUNTY AT 75,000, AND
BRONX COUNTY AT 95,000 AND RICHMOND COUNTY AT 66,000. WHICH IS
ON PAR, RICHMOND COUNTY, EXACTLY WITH NEW YORK COUNTY.
SO GIVEN THE VOLUME AND THE INCREASE IN POPULATION
SINCE 1968, DO YOU BELIEVE THAT ANOTHER JUDICIAL SEAT WOULD BE
RECOMMENDED?
MR. PRETLOW: WELL, IN MY HUMBLE OPINION AND
BASED ON THE STATISTICS THAT YOU JUST RECITED, I THINK THAT YOU HAVE A
75
NYS ASSEMBLY MAY 7, 2025
GOOD CASE TO PRESENT BEFORE THE OFFICE OF COURT ADMINISTRATION.
MR. REILLY: SO, MOVING A LITTLE FURTHER INTO IT, I
NOTICED THAT THERE'S CERTAIN MUNICIPAL COURT DISTRICTS THAT ARE ASSIGNED
THESE SEATS. FOR EXAMPLE, BRONX COUNTY HAS ONE GOING TO THE ELECTED
FIRST MUNICIPAL COURT DISTRICT. THE SECOND ONE GOING TO THE SECOND
MUNICIPAL COURT DISTRICT IN BRONX COUNTY. IN NEW YORK COUNTY, THE
FOURTH MUNICIPAL COURT DISTRICT AND THE SIXTH MUNICIPAL AND THE
SEVENTH MUNICIPAL. SO ALL THE COUNTIES HAVE A SPECIFIC MUNICIPAL
DISTRICT THAT IT'S BEING ASSIGNED TO. IN RICHMOND COUNTY, THE ONE SEAT
IS GOING TO THE FIRST MUNICIPAL COURT DISTRICT. DO YOU -- CAN YOU TELL
ME HOW THAT DISTRICT WAS SELECTED?
MR. PRETLOW: I THINK THAT'S BASED ON THE NUMBER
OF ARRESTS IN THE DISTRICT.
MR. REILLY: THE NUMBER OF WHAT?
MR. PRETLOW: ARRESTS.
MR. REILLY: WELL, THIS IS CIVIL COURT SEATS. SO WE
-- DID WE USE A CRIMINAL COURT ARREST TO DETERMINE WHERE THESE COURT
SEATS WERE GOING?
MR. PRETLOW: THAT IS THE BASIS THAT'S USED TO
DETERMINE, YES.
MR. REILLY: SO THEY WENT BY WHERE THE NUMBER OF
ARRESTS WERE?
MR. PRETLOW: THAT'S WHAT I'M TOLD, YES.
MR. REILLY: SO CAN YOU TELL ME, IF IT'S BY WHERE
THE NUMBER OF ARRESTS ARE, WHERE IS THE THIRD MUNICIPAL COURT DISTRICT
76
NYS ASSEMBLY MAY 7, 2025
AND THE SEVENTH MUNICIPAL COURT DISTRICT IN NEW YORK COUNTY, SO WE
CAN DETERMINE WHERE THOSE ARRESTS WERE MADE IN COMPARISON TO
RICHMOND COUNTY?
MR. PRETLOW: I'LL HAVE TO GET THAT INFORMATION FOR
YOU. I DON'T HAVE IT AT HAND.
MR. REILLY: OKAY.
CAN YOU TELL ME WHY THEY WERE USING -- WHY THE --
THAT DATA ON ARRESTS WAS USED TO CREATE CIVIL COURT CASES?
MR. PRETLOW: AS I STATED EARLIER -- AS I STATED
EARLIER, THIS WAS ALL DETERMINED BY THE OFFICE OF COURT ADMINISTRATION
WHICH IS LED BY SOME FINE JURISTS, AND THEY MUST HAVE THEIR REASONS FOR
MAKING THE SELECTIONS IN THE MANNER THAT THEY DO. WE'RE JUST
APPROVING WHAT THEY'VE RECOMMENDED THAT WE APPROVE.
MR. REILLY: SO USING ARREST RECORDS FOR CIVIL COURT
SEATS WHEN WE SEE THAT THE COURT FILINGS FOR CIVIL COURT ACTIONS DON'T
CORRELATE WITH HOW MANY SEATS WERE DESIGNATED, IS THERE A WAY THAT WE
CAN MOVE FORWARD AND AMEND THIS TO ALLOW ADDITIONAL CIVIL COURT SEATS
IN RICHMOND COUNTY?
MR. PRETLOW: WELL, I IMAGINE YOU CAN PUT IN A
BILL TO MAKE THAT REQUEST.
MR. REILLY: SO, A BILL -- BILL WAS SUBMITTED LAST
YEAR FOR SIMILAR REASONS AND IT DIDN'T MOVE, AND I FIGURED SINCE WE ARE
TALKING ABOUT POLICY AND WE'RE TALKING ABOUT FUNDING SEATS IN THIS
BUDGET, THIS IS THE OPPORTUNITY TO DO THAT. I WOULD'VE -- I WOULD'VE
BEEN ABLE TO POSSIBLY INTRODUCE A BILL IF I ACTUALLY SAW THIS LEGISLATION
77
NYS ASSEMBLY MAY 7, 2025
IN TIME, BUT GIVEN HOW THE BUDGET PROCESS HAS EVOLVED THIS TIME WE
REALLY DIDN'T IT 'TIL YESTERDAY OR EVEN THIS MORNING. SO WOULD THERE BE
AN OPPORTUNITY TO AMEND THIS MOVING FORWARD?
MR. PRETLOW: NOT IN THIS CURRENT BUDGET.
MR. REILLY: THANK YOU, MR. CHAIR.
MADAM SPEAKER, ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. REILLY: ONCE AGAIN, WE TALK ABOUT EQUITY IN
THIS CHAMBER AND THE CHAMBER NEXT DOOR, AND WE DON'T HAVE EQUITY.
THE NUMBERS THAT I STATED TO YOU ARE FACTS. YOU CAN LOOK THEM UP ON
OCS' WEBSITE. THE NEED IS THERE. THE SAD REALITY IS THE REASON WHY
CERTAIN MUNICIPAL DISTRICTS WERE CHOSEN IS PROBABLY BASED ON
REGISTRATION.
ACTING SPEAKER HUNTER: MR. LAVINE, WHY DO
YOU RISE?
MR. LAVINE: WILL THE SPEAKER YIELD?
MR. REILLY: YES, I WILL, SIR.
MR. LAVINE: MR. REILLY, YOU DO UNDERSTAND, YOU
DO APPRECIATE THAT THERE IS A BACKLOG IN TERMS OF HANDLING CRIMINAL
COURT CASES IN THE CITY OF NEW YORK. CERTAINLY YOU AGREE WITH THAT, DO
YOU NOT?
MR. REILLY: SURE.
MR. LAVINE: SO OCA IS REQUESTING CIVIL COURT
JUDGES. NOW, DO YOU KNOW WHAT CIVIL COURT JUDGES HAVE THE AUTHORITY
TO DO?
78
NYS ASSEMBLY MAY 7, 2025
MR. REILLY: THEY CAN SIT IN, YES, CRIMINAL COURT.
MR. LAVINE: AND WHERE CAN THEY SIT?
MR. REILLY: IN CRIMINAL COURT.
MR. LAVINE: AND WHERE ELSE CAN THEY SIT?
(INDISCERNIBLE/CROSSTALK)
MR. REILLY: CIVIL COURTS.
MR. LAVINE: HOW ABOUT FAMILY COURT?
MR. REILLY: IN FAMILY COURT.
MR. LAVINE: SO THAT'S THE REASON. THANK YOU.
MR. REILLY: SO (INDISCERNIBLE) -- SO, MR. LAVINE
WAS THAT DESIGNATE -- WILL YOU YIELD FOR A QUESTION?
MR. LAVINE: I'M NOT IN A POSITION TO YIELD, BUT IF
YOU WANT TO ASK ME SOMETHING THROUGH THE -- THROUGH THE SPEAKER
THAT'S COOL WITH ME, MIKE.
ACTING SPEAKER HUNTER: YES. THROUGH THE
SPEAKER YOU MAY ASK AND ANSWER QUESTIONS.
MR. REILLY: SO THE -- THE QUESTION I HAVE IS LAST
YEAR'S BUDGET THEY DESIGNATED THAT THEY WERE GOING TO SIT IN FAMILY
COURT. THIS BUDGET DOESN'T SEEM TO SAY THAT; AM I CORRECT?
MR. LAVINE: BUT WE STILL NEED THEM. CIVIL COURT
JUDGES CAN BE APPOINTED THROUGH THE COURT SYSTEM TO SERVE ANYWHERE
IN THE CITY OF NEW YORK WHEN IT COMES TO CIVIL COURT, CRIMINAL COURT
OR FAMILY COURT.
MR. REILLY: SO ARE THESE --
MR. LAVINE: AND THAT'S WHERE WE HAVE THE
79
NYS ASSEMBLY MAY 7, 2025
BACKLOG, AND THAT'S WHY OCA WANTS THIS.
MR. REILLY: I UNDERSTAND THAT. SO MY QUESTION IS,
THOUGH, IF WE TALK ABOUT EQUITY FOR ALL NEW YORKERS, WOULDN'T THE NEED
TO ENSURE THAT WE HAVE THOSE JUDGES EQUALLY DISBURSED?
MR. LAVINE: MICHAEL, DO YOU NOT APPRECIATE THAT A
JUDGE ELECTED IN THE FIRST DISTRICT IN THE BRONX, FOR EXAMPLE, CAN BE
SENT ANYWHERE IN THE CITY OF NEW YORK, ANYWHERE THE COURTS
DETERMINE THERE'S A NEED?
MR. REILLY: YES. BUT WOULDN'T YOU -- WOULDN'T
YOU APPRECIATE THAT MEMBERS IN A COUNTY IN NEW YORK STATE SHOULD
HAVE A JUDGE THAT'S ELECTED BY THEM REPRESENTING THEM? WOULDN'T THAT
-- ISN'T THAT THE SPIRIT --
MR. LAVINE: THERE'S --
MR. REILLY: ISN'T THAT THE SPIRIT OF OUR ELECTIONS FOR
JUDGES?
MR. LAVINE: HAVING SPENT 30-PLUS YEARS IN THE
COURTS, MANY OF THEM IN THE CRIMINAL COURTS OF THE CITY OF NEW YORK, I
COULD HAVE CARED LESS WHERE THOSE JUDGES CAME FROM. WHAT BOTHERED
ME WAS NOT BEING ABLE TO HAVE A CASE CALLED UNTIL 5:00 OR 6:00 OR 7:00
AT NIGHT. THIS IS THE DIRE CHALLENGE OUR COURT SYSTEM FACES TODAY. AND
WHILE I UNDERSTAND THE NARROW VIEW THAT WE WANT TO HAVE JUDGES
ELECTED IN, YOU KNOW, FROM YOUR STREET OR FROM YOUR NEIGHBORHOOD, THE
CHALLENGE WE FACE IS INFINITELY GREATER TODAY. AND I THINK THAT WE HAVE
TO MEET THAT CHALLENGE, AND WE MEET THAT CHALLENGE BY WORKING WITH
THE OFFICE OF COURT ADMINISTRATION AND DOING WHAT OCA WANTS. FAIR
80
NYS ASSEMBLY MAY 7, 2025
ENOUGH?
MR. REILLY: FAIR ENOUGH. THANK YOU, MR. LAVINE.
MR. LAVINE: YOU'RE WELCOME, MICHAEL.
MR. REILLY: ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. REILLY: SO, GIVEN MY LAST EXCHANGE WE
LOOKED AT 12 JUDGES WERE GIVEN LAST YEAR TO FOUR COUNTIES IN NEW YORK
CITY; RICHMOND COUNTY NOT BEING ONE. THIS YEAR THERE ARE TEN JUDGES;
ONE TO RICHMOND COUNTY. SO IF YOU'RE KEEPING SCORE, I BELIEVE THAT IS
ABOUT 21 TO ONE. HOW IS THAT EQUITABLE? HOW? EQUITY, EQUITY, EQUITY.
I'M SORRY, BUT THERE'S NOTHING MORE TO THIS THAN PLAYING POLITICS. AND
THAT IS THE ABSOLUTE REASON WHY THERE ARE SPECIFIC MUNICIPAL COURT
DISTRICTS ASSIGNED FOR THESE ELECTED POSITIONS. MAKE NO MISTAKE, WE
WILL CONTINUE TO FIGHT AS STATEN ISLAND, AS RICHMOND COUNTY AS ONE,
BECAUSE WE WANT OUR FAIR SHARE. AND YES, WE'RE GETTING ONE JUDGE AND
I GUESS WE SHOULD TAKE OUR BONE AND JUST SAY THANK YOU. BUT THAT'S NOT
WHAT WE DO. WE CONTINUE TO FIGHT TO MAKE SURE THAT WE GET THE JUDGES
THAT WE DESERVE. BECAUSE I CAN TELL YOU RIGHT NOW, LAST YEAR'S JUDGES, I
DON'T THINK ANYBODY WAS ASSIGNED TO STATEN ISLAND. SO THAT ARGUMENT
THAT ANYONE FROM OTHER BOROUGHS CAN BE ASSIGNED THERE ARE NOT. THAT
FELL ON DEAF EARS.
SO MOVING FORWARD, I WANT YOU TO THINK ABOUT THAT.
HOW WOULD YOU FEEL IF YOUR COUNTY SUFFERED THE SAME INJUSTICE EACH
AND EVERY BUDGET SEASON? THANK YOU, MADAM SPEAKER.
(APPLAUSE)
81
NYS ASSEMBLY MAY 7, 2025
ACTING SPEAKER HUNTER: THANK YOU.
MR. MAHER.
MR. MAHER: THANK YOU, MADAM SPEAKER. WILL
THE SPONSOR YIELD FOR SOME QUESTIONS?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MR. PRETLOW: YES.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MR. MAHER: THANK YOU, SIR.
I WANTED TO ALSO TALK A LITTLE BIT ABOUT OUR CORRECTIONS,
AND I KNOW THAT WE HAVE A 4,000 CORRECTION OFFICERS SHORTAGE. WE
TALKED ABOUT A 2,500 NUMBER GETTING US TO 90 PERCENT. I'M JUST MAKING
AN ASSUMPTION, THAT DOES NOT INCLUDE ANY OF THE MILITARY PERSONNEL THAT
WE HAVE IN THAT 90 PERCENT THRESHOLD?
MR. PRETLOW: NO, IT DOES NOT.
MR. MAHER: OKAY. SO THE GOAL WOULD BE,
THEORETICALLY, TO STAFF UP ENOUGH TO MINIMIZE ALMOST HOPEFULLY TO ZERO
AT SOME POINT, THE MILITARY PRESENCE OF THE NATIONAL GUARD.
MR. PRETLOW: THAT IS OUR INTENTION, YES.
MR. MAHER: OKAY. SO WHY ARE WE, THROUGH
CORRECTIONS AND WITH THE NATIONAL GUARD, PROMOTING ENTERING THE
NATIONAL GUARD FOR SPECIAL DUTY IN CORRECTION FACILITIES WHILE LOWERING
THE AGE AND COMPETING AGAINST EACH OTHER FOR PERSONNEL?
MR. PRETLOW: REPEAT THAT, PLEASE?
MR. MAHER: CURRENTLY THERE ARE ADVERTISEMENTS TO
82
NYS ASSEMBLY MAY 7, 2025
JOIN THE NATIONAL GUARD SPECIFICALLY TO WORK IN SPECIAL DUTY IN PRISONS
IN NEW YORK STATE RIGHT NOW.
MR. PRETLOW: I HAVE NOT SEEN THOSE ADS, AND I
DON'T THINK THAT THAT'S A SPECIFIC DUTY OF THE NATIONAL GUARD. THE
GOVERNOR HAS ENLISTED THE NATIONAL GUARD TO HELP FILL THE SHORTAGE OF
CORRECTION OFFICERS, BUT I DON'T THINK THAT THAT -- THAT'S DEFINITELY NOT A
LONG-TERM GOAL. THE LONG-TERM GOAL IS TO PUT PERMANENT EMPLOYEES AT
EACH OF THE FACILITIES. AND THE NATIONAL GUARD IS ACTUALLY PRETTY
EXPENSIVE. IF YOU -- YOU VOTED ON A NUMBER OF EXTENDERS THIS YEAR TO
PAY THE NATIONAL GUARD AND IT WAS TENS OF MILLIONS OF DOLLARS. WE
REALLY DON'T WANT TO CONTINUE DOING THAT BECAUSE EVEN THOUGH THEY'RE
PREPARED TO DO WHAT THEY MAY HAVE TO DO, THAT'S NOT WHAT THEIR CALLING
IS. NATIONAL GUARDS ARE NOT FULL-TIME SOLDIERS, THEY'RE GENERALLY PEOPLE
LIKE MAYBE SOME MEMBERS IN THIS HOUSE, AND THEY HAVE OTHER JOBS AND
THEY'VE BEEN CALLED TO ACTIVE DUTY TO HELP FILL A NEED FOR THE STATE RIGHT
NOW.
MR. MAHER: WE'RE IN AGREEMENT. WOULD YOU
AGREE THAT THOSE TWO THINGS WOULD THEN BE IN CONFLICT WITH THE STATE
PROMOTING CORRECTION OFFICERS --
MR. PRETLOW: IF THEY'RE RUNNING ADS, I WOULD SAY
ABSOLUTELY.
MR. MAHER: OKAY. THANK YOU FOR THAT.
WHEN WE TALK ABOUT THE 90 PERCENT, DOES THAT
THRESHOLD STEM FROM THE BFL? THE -- THAT'S PRONOUNCED BFL. IT IS
SPECIFICALLY -- ONE SECOND. THE BUDGET FILL LEVEL. IS THAT WHERE THE 90
83
NYS ASSEMBLY MAY 7, 2025
PERCENT THRESHOLD COMES FROM?
MR. PRETLOW: IT'S JUST A THRESHOLD THAT WE CAME
UP WITH -- ACTUALLY, IT'S AN ARBITRARY NUMBER. WE'RE JUST TRYING TO GET TO
90 PERCENT AND THEN WE CAN FILL NORMALLY. BUT RIGHT NOW THE SHORTAGE
IS SO BIG THAT WE HAVE TO TAKE DRASTIC ACTIONS TO GET THE COMPLEMENT OF
INDIVIDUALS UP TO A STAFFING LEVEL THAT WE THINK IS SAFE.
MR. MAHER: OKAY. THAT'S VERY CONFUSING. SO
THERE IS AN EXISTING PROCESS THAT'S REFERRED TO AS THE "BUDGET FILL LEVEL"
IN EACH FACILITY THAT DICTATES WHAT A SAFE WORKING ENVIRONMENT IS BASED
ON STAFFING. SO WE'RE NOT USING THAT SPECIFIC BFL TO DETERMINE THE 90
PERCENT; IS THAT ACCURATE?
MR. PRETLOW: THIS IS WHAT THE -- THE NUMBERS
THAT WE'RE USING NOW WERE PROVIDED TO US BY THE EXECUTIVE IN -- IN THIS
BUDGET, AND WE'RE JUST -- WE'RE AGREEING WITH WHAT SHE'S DETERMINED THE
NEED TO BE. I'M NOT SURE WHAT THE CRITERIA WAS IN CALCULATING WHAT THE
SHORTAGE IS. I ONLY KNOW THAT WE NEED A FULLER COMPLEMENT OF
CORRECTION OFFICERS TO KEEP ALL PARTIES CONCERNED IN SAFE CONDITIONS.
MR. MAHER: OKAY. BUT UNDERSTANDING THAT
NUMBER OF 2,500 OR 4,000, 90 PERCENT CAME FROM THE EXECUTIVE OFFICE,
IT OUGHT TO COME FROM SOMEWHERE, ESPECIALLY IF WE'RE CREATING REPORTS
THAT GET US TO A CERTAIN THRESHOLD. DON'T WE HAVE TO KNOW WHAT THAT
THRESHOLD IS, AND SHOULD -- SHOULDN'T THERE BE A LEVEL OF SCIENTIFIC DATA
TO DETERMINE WHAT THAT THRESHOLD IS?
MR. PRETLOW: OH, ABSOLUTELY. AND I'M PRETTY
SURE THAT THE SUPERVISOR [SIC] OF THE DEPARTMENT OF CORRECTIONS USED
84
NYS ASSEMBLY MAY 7, 2025
WHAT CRITERIA HE NEEDED TO COME WITH THE NUMBERS THAT WE'RE CURRENTLY
VOTING ON.
MR. MAHER: SO IT'S POSSIBLE THIS DID COME FROM
THAT BFL THAT FACILITIES CURRENTLY USE.
MR. PRETLOW: IT'S PROBABLE THAT IT CAME FROM
THERE.
MR. MAHER: OKAY. ALL RIGHT. I WANT TO TOUCH ON
WHY THAT'S IMPORTANT. SO WHEN IT COMES TO THE BFL, ONE QUESTION I
WOULD HAVE IS CURRENTLY, ALTHOUGH WE ARE IN A STAFFING CRISIS, A SEVERE
STAFFING CRISIS, ARE WE AT 100 PERCENT RECREATION IN OUR STATE PRISONS OR
ARE THERE STILL PROGRAMS THAT ARE NOT BEING RUN DUE TO STAFFING LEVELS?
MR. PRETLOW: I'M NOT AWARE OF THAT. I ONLY KNOW
THAT WE HAVE A SHORTAGE OF CORRECTION OFFICERS. I'M NOT SURE WHICH
AREAS THAT SHORTAGE IS IN.
MR. MAHER: OKAY. THAT'S AN IMPORTANT POINT,
ESPECIALLY AS PART OF THIS DISCUSSION BECAUSE THE BFL IS ADJUSTED BASED
ON RECREATION AND OTHER ACTIVITIES. SO IF A CERTAIN FACILITY IS TRYING TO
CREATE AN ENVIRONMENT TO PROTECT OUR INCARCERATED INDIVIDUALS, THOSE
THAT ARE TRYING TO REINTEGRATE INTO SOCIETY AND GET A BETTER QUALITY OF
LIFE, WE WOULD NEED TO INCREASE THE BFL. SO IS THAT GOING TO BE
CONSIDERED WHEN WE TALK ABOUT THE 90 PERCENT THRESHOLD? AND IF IT IS,
I THINK IT'S EVEN MORE IMPORTANT THAT WHAT MY COLLEAGUE BROUGHT UP IS
AFTER YOU HIT 90 PERCENT WE NEED TO CONTINUE TO HAVE THOSE REPORTS
BECAUSE PRIOR TO JANUARY OF THIS YEAR, WE WERE LOSING 54 CORRECTION
OFFICERS EVERY TWO WEEKS THROUGH ATTRITION. SO WOULD YOU AGREE THAT IT
85
NYS ASSEMBLY MAY 7, 2025
WOULD BE IMPORTANT TO CONTINUE REPORTING EVEN AFTER WE HIT THAT 90
PERCENT THRESHOLD?
MR. PRETLOW: WELL, I WOULD AGREE IT IS IMPORTANT,
BUT NONE OF THAT IS CONTAINED IN THIS BILL.
MR. MAHER: FAIR ENOUGH. THANK YOU FOR THAT
ANSWER. OKAY.
SO IT WAS BROUGHT UP THAT THERE WERE NO DISCUSSIONS
WITH THE BARGAINING UNIT, CORRECT?
MR. PRETLOW: YES.
MR. MAHER: OKAY. WHEN IT COMES TO
18-YEAR-OLDS BEGINNING TO WORK IN SPECIFIC ENVIRONMENTS, IS THERE ANY
KNOWLEDGE OF IF THAT'S GOING TO BE IN CONFLICT WITH THE APPROVED UNION
CONTRACT?
MR. PRETLOW: NOT TO MY KNOWLEDGE.
MR. MAHER: OKAY. AND I SAY THAT BECAUSE SOME
OF THE CONVERSATIONS THAT I'VE HAD SEEM TO -- SEEM TO SAY THAT IT ACTUALLY
WILL AND POTENTIALLY COULD HAVE SOME PUSHBACK BECAUSE SOME OF THOSE
DUTIES THAT SOME OF THESE YOUNGER OFFICERS WOULD BE PERFORMING, SOME
OF THEM ARE SPECIFIC TO SENIORITY AND THERE COULD BE SOME ISSUES WITH
MORALE. AND I WAS JUST CURIOUS IF THOSE CONVERSATIONS CAME UP WHILE
THIS BUDGET WAS BEING PUT TOGETHER, WHILE THIS LANGUAGE WAS BEING PUT
TOGETHER IN THE BUDGET.
(CONFERENCING)
MR. PRETLOW: WHAT YOU'RE SAYING IS CORRECT, BUT
MY -- WHAT I THINK AND WHAT I KNOW IS THAT THERE ARE ENOUGH VACANCIES
86
NYS ASSEMBLY MAY 7, 2025
THAT THAT WON'T BE THE CASE WHERE JOBS THAT ARE BASED ON SENIORITY WILL
BE REPLACED BY 18- TO 21-YEAR-OLDS.
MR. MAHER: OKAY. AND I JUST WANT TO CLEAR
SOMETHING UP FOR THE RECORD. SO WHEN IT COMES TO 18-YEAR-OLDS, FOR
THE FIRST 18 MONTHS THEY CANNOT HAVE CONTACT WITH INCARCERATED
INDIVIDUALS UNLESS THEY ARE SUPERVISED, CORRECT?
MR. PRETLOW: YES.
MR. MAHER: SO AFTER 18 MONTHS, SOME OF WHOM
MAY STILL BE 18 YEARS OLD, THEY WILL BE ABLE TO, ON THEIR OWN, BE IN
CONTACT SITUATIONS WITH INCARCERATED INDIVIDUALS?
MR. PRETLOW: YOU REALLY STILL CAN'T BE 18 YEARS
OLD 18 MONTHS AFTER YOU'RE (INDISCERNIBLE/CROSSTALK) --
MR. MAHER: SORRY, 19, 19. YOU'RE RIGHT. I MEANT
-- I MEAN TO SAY 19, I APOLOGIZE.
MR. PRETLOW: YOU CAN BE 19 1/2 (INDISCERNIBLE/
CROSSTALK).
MR. MAHER: THERE YOU GO. SO YOU'D STILL BE A
TEENAGER IS MY POINT.
MR. PRETLOW: YES, YOU WILL STILL BE A TEENAGER --
MR. MAHER: OKAY.
MR. PRETLOW: -- AND THEY WOULD STILL HAVE TO BE
IN THE COMPANY OF SUPERVISORS.
MR. MAHER: THEY WOULDN'T AFTER 18 MONTHS,
THOUGH.
MR. PRETLOW: PARDON?
87
NYS ASSEMBLY MAY 7, 2025
MR. MAHER: AFTER 18 MONTHS.
MR. PRETLOW: I MISSPOKE. NOT AFTER 18 -- YES,
THEY WILL NOT HAVE TO.
MR. MAHER: OKAY. SO I JUST WANT TO MAKE IT CLEAR
THAT AFTER 18 MONTHS OF BEING ON THE JOB, STILL POTENTIALLY BEING A
TEENAGER EVEN THOUGH 19 1/2, THEY WOULD BE ABLE TO INTERFACE WITH
INCARCERATED INDIVIDUALS IN THOSE ENVIRONMENTS?
MR. PRETLOW: YES.
MR. MAHER: OKAY. THANK YOU.
WHEN IT COMES TO SOME OF THE STUDIES THAT HAVE BEEN
DONE, IT DOES SEEM LIKE THERE ARE INCREASED ASSAULTS IN STATES
THROUGHOUT THIS COUNTRY. WE'VE SEEN IT HAPPEN IN MARYLAND AND OTHER
STATES, TEXAS. AND SOME OF THOSE ASSAULTS, IT LOOKS LIKE IT'S -- IT'S A
PERCEPTION OF WEAKNESS AND THEN THE HIGHER TURNOVER. WERE THERE ANY
CONCERNS ABOUT OUR EXISTING TURNOVER ISSUES AND AMPLIFYING THOSE
TURNOVER ISSUES BY HAVING THOSE 18 TO 21? I KNOW IT'S IMPORTANT TO GET
BODIES IN, BUT WAS THERE SOME SUSTAINABLE LONG-TERM IMPACTS THAT WERE
DISCUSSED DURING THESE NEGOTIATIONS?
MR. PRETLOW: IF THERE WERE, I WAS NOT PART OF
THOSE DISCUSSIONS.
MR. MAHER: OKAY.
WHEN WE TALK ABOUT THE STAFFING ISSUES, WAS IT -- AND
WE TALKED ABOUT THE CAMERAS AND SOME OF THE OTHER TOPICS THAT ARE
POLICY-RELATED, WERE THE ONGOING EXPOSURES THAT WERE TAKING PLACE
WITHIN OUR PRISONS AND SOME OF THE THINGS THAT WE NEED TO PROTECT OUR
88
NYS ASSEMBLY MAY 7, 2025
COS, CIVILIAN STAFFING, INCARCERATED INDIVIDUALS, WAS ANY OF THAT
BROUGHT UP FROM A POLICY STANDPOINT WHILE NEGOTIATING THE BUDGET, AND
WAS THAT CONSIDERED TO BE PUT IN HERE IN CERTAIN REMEDIES?
MR. PRETLOW: NO. I -- I'M TRYING TO WORK THROUGH
MY HEAD WHAT YOU HAD -- WHAT YOU HAD JUST SAID.
MR. MAHER: SO THERE HAD BEEN OVER THE LAST WEEK
ALONE IN MY DISTRICT THERE'S NEARLY A DOZEN EXPOSURES FROM DRUGS THAT
ARE BEING BROUGHT INTO SOME OF THESE FACILITIES, AND THERE HAVE BEEN
CORRECTION OFFICERS AND CIVILIAN STAFF THAT HAVE BEEN PUT IN THE HOSPITAL,
SOME HAVE TO BE NARCAN'D. IT'S AN EMER -- IT'S ISSUE THAT'S BEEN
CONSTANT, IT'S BEEN HORRIFYING, AND THE STATE HAS NOT DONE ENOUGH. SO
FROM A POLICY STANDPOINT, IF WE'RE MAKING CORRECTIONS IN THIS BUDGET,
WAS THAT ONE AREA THAT WAS DISCUSSED DURING NEGOTIATIONS?
MR. PRETLOW: THAT'S NOT IN THE BUDGET. THAT'S NOT
PART OF THE BUDGET NEGOTIATIONS.
MR. MAHER: OKAY. THANK YOU FOR THAT ANSWER.
OKAY.
BODY-WORN CAMERAS. AGAIN, THE BARGAINING UNIT WAS
NOT BROUGHT INTO THAT, CORRECT?
MR. PRETLOW: I DON'T BELIEVE SO.
MR. MAHER: OKAY. AND WE'RE NOT SURE ABOUT THE
IMPACT THAT WOULD HAVE ON THE EXISTING UNION CONTRACTS?
MR. PRETLOW: IT SHOULDN'T HAVE ANY EFFECT ON
EXISTING CONTRACTS.
MR. MAHER: OKAY. I WAS TRYING TO READ THROUGH
89
NYS ASSEMBLY MAY 7, 2025
THE EXACT LANGUAGE IN THE BUDGET BILL. CAN YOU CONFIRM THAT IF A
CORRECTION OFFICER HAD TO USE THE RESTROOM THAT THEY WOULD STILL HAVE TO
HAVE THE CAMERA ON? I KNOW IT'S A PERSONAL QUESTION, I'M JUST ASKING
FOR THE RECORD.
MR. PRETLOW: I DON'T BELIEVE SO, NO.
MR. MAHER: YOU DON'T BELIEVE THAT THEY WOULD
HAVE TO KEEP THE CAMERA ON?
MR. PRETLOW: IF THEY'RE IN THE RESTROOM, I DON'T
THINK THEY NEED THE BODY CAMERA ON. THEY'RE NOT IN --
MR. MAHER: I WOULD AGREE WITH YOU, I JUST DIDN'T
SEE IT IN THE BUDGET BILL.
MR. PRETLOW: OKAY. THAT SPECIFIC LANGUAGE MAY
NOT BE THERE, BUT IT'S NOT REQUIRED THAT YOU WEAR A BODY CAM WHILE
YOU'RE USING THE RESTROOM.
MR. MAHER: THANK YOU. THAT'S A CONCERN FROM A
LOT OF MY CONSTITUENTS. I HAVE FOUR STATE PRISONS IN MY DISTRICT AND I
APPRECIATE YOU MAKING THAT ADMISSION. I AGREE WITH YOU. OKAY. ALL
RIGHT.
SO WE ANSWERED PRETTY MUCH ALL OF MY QUESTIONS, SIR.
I REALLY APPRECIATE YOUR TIME, AND I'M GONNA SPEAK ON THE BILL, MADAM
SPEAKER.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. MAHER: OKAY. I WANTED TO ASK THOSE
QUESTIONS. I REALLY APPRECIATE SOME OF THE ANSWERS, I AGREE WITH A LOT
OF WHAT YOU ALSO HAD SAID.
90
NYS ASSEMBLY MAY 7, 2025
WHEN WE TALK ABOUT THE POLICY INITIATIVES THAT WE
HAVE PUT IN THIS BUDGET, I DON'T THINK WE REALLY THOUGHT ABOUT THE
LONG-TERM IMPACT THAT WE'RE GONNA HAVE ON THE STAFFING CRISIS. WE
LOOK AT THE AMOUNT OF PRISONS, IT LOOKS LIKE WE'RE GONNA BE CLOSING
POTENTIALLY UP TO THREE UP TO MARCH OF NEXT YEAR. WE'VE CLOSED A LOT OF
PRISONS OVER THE LAST SEVERAL YEARS AND WE STILL HAVE AN EVEN WORSE
STAFFING CRISIS. SINCE JANUARY WE'VE LOST A THIRD OF OUR ENTIRE STATE
WORKFORCE. WE'RE HAVING ADVERTISERS COMPETE WITH NEW HIRES, AND WE
FIRED 2,000 CORRECTION OFFICERS WHEN HUNDREDS OF THEM WANTED TO COME
BACK ALMOST IMMEDIATELY. THEY HAVE BEEN DENIED THE ABILITY TO DO
THAT.
NOW WE'RE GONNA BE PUTTING TEENAGERS IN A POSITION
WHERE -- YES, THERE ARE SO MANY 18, 19-YEAR-OLDS THAT ARE COMPETENT,
THAT CAN HANDLE THEMSELVES. BUT THERE ARE A LOT OF PEOPLE, MYSELF
INCLUDED WHEN I WAS 18, THAT DID NOT BELONG IN A SITUATION LIKE THAT,
AND I DO BELIEVE IT'S GONNA -- IT'S GONNA CAUSE SOME MAJOR ISSUES NOT
JUST FOR THOSE INDIVIDUALS, BUT THOSE THAT ARE INCARCERATED AND ALSO
MORALE IN OUR WORKFORCE IN GENERAL. I THINK THERE IS A WHOLE LOT MORE
WE COULD HAVE LOOKED AT. AND WHEN I THINK ABOUT WHAT'S BEST FOR
EVERYONE -- AGAIN, NOT JUST OUR CORRECTION OFFICERS BUT THEIR FAMILIES,
THOSE THAT ARE WORKING AS CIVILIAN STAFF AND THOSE THAT ARE INCARCERATED
-- WE HAVE NOT MADE OUR PRISONS ANY SAFER WITH THESE POLICY ISSUES AND
WITH THESE ITEMS IN THE BUDGET. I THINK WE'VE MADE IT FAR WORSE. AND
WHILE I HOPE THAT I AM WRONG BECAUSE IT IS EVERY -- EVERYONE'S WISH TO
MAKE THINGS BETTER, I DO NOT SEE A LIGHT AT THE END OF THE TUNNEL FOR BOTH
91
NYS ASSEMBLY MAY 7, 2025
OUR CORRECTION OFFICERS, OUR -- OUR INCARCERATED INDIVIDUALS AND ANYONE
WHO IS WORKING IN OUR STATE PRISONS. TO SAY NOTHING OF THE FACT THAT
WHEN WE CLOSE STATE PRISONS WE TAKE THOSE THAT ARE INCARCERATED THAT
ARE IN ENVIRONMENTS THAT THEY'VE WORKED TO PUT THEMSELVES IN A CERTAIN
PLACE IN, NOW WE'RE UPROOTING THEM, PUTTING THEM IN ANOTHER PRISON
ENVIRONMENT WHERE THEY COULD HAVE A MUCH WORSE EXPERIENCE THAT WILL
THREATEN THEIR ABILITY TO REINTEGRATE BACK INTO OUR SOCIETY PROPERLY.
WE ALSO THEN HAVE THE HUMAN ASPECT AND THE
COMMUNITY ASPECT OF SHUTTING DOWN A PRISON, THE MULTIPLIER EFFECT ON
HOW THAT INTERFERES WITH THE LOCAL ECONOMY, POTENTIALLY CLOSING DOWN
OTHER SMALL BUSINESSES THAT RELY ON THAT MAIN EMPLOYER TO THEN SUPPORT
THE PIZZA PLACES, THE GAS STATIONS AND ALL THE OTHER LOCATIONS. WE KNOW
CLOSING PRISONS DOES NOT SOLVE THE PROBLEM. WE'RE HERE STILL. WE'RE
HIRING 18-YEAR-OLDS AND WE'RE STILL THINKING OF POTENTIALLY CLOSING MORE
PRISONS.
WHEN WE -- WHEN WE TALK ABOUT STAFFING ISSUES WE
REALLY NEED TO GET TO THE BOTTOM OF THAT BFL NUMBER. WE NEED TO
REALLY BE HONEST WITH OURSELVES TO FIGURE OUT A WAY TO GET OUR STAFFING
LEVELS WHERE THEY NEED TO BE FOR EVERYONE'S SAKE. AND IF WE'RE
UNWILLING TO MAKE CERTAIN POLICY CHANGES, WE REALLY NEED TO FIGURE OUT
WAYS TO TREAT OUR CORRECTION OFFICERS AND CIVILIAN STAFF IN A WAY THAT
ALLOWS THEM TO BE OUR NUMBER ONE RECRUITERS FOR THE FUTURE. IT ALWAYS
WAS A FAMILY BUSINESS. IT ALWAYS WAS OUR COS PASSING DOWN TO THE
NEXT GENERATION THAT PRIDE AND THEIR ABILITY TO HAVE A DECENT-PAYING JOB
AND TO PROVIDE A PUBLIC SERVICE. THEY'RE NOT THERE ANYMORE. SO NOW
92
NYS ASSEMBLY MAY 7, 2025
IT'S ON INCENTIVES LIKE THIS, NOW IT'S ON HIRING 18-YEAR-OLDS. THESE
THINGS WILL NOT WORK IN A SUSTAINABLE WAY.
ACTING SPEAKER HUNTER: THANK YOU, MR.
MAHER.
MR. MAHER: THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: MR. SEMPOLINSKI.
MR. SEMPOLINSKI: THANK YOU, MADAM SPEAKER.
WOULD THE CHAIRMAN YIELD FOR A COUPLE OF QUESTIONS?
ACTING SPEAKER HUNTER: WILL THE CHAIR
YIELD?
MR. PRETLOW: YES.
ACTING SPEAKER HUNTER: THE CHAIR YIELDS.
MR. SEMPOLINSKI: I APPRECIATE IT, CHAIRMAN. I
APPRECIATE ALSO YOU ANSWERING ALL OUR QUESTIONS AND ALL OF THE WORK ALL
OF YOUR STAFF HAS BEEN DOING AND ALL OF OUR STAFF ON OUR SIDE.
I'M GONNA TO FOCUS ON TWO SECTIONS; THE FIRST WOULD BE
PART BBB, THE PRISON CLOSURES, AND SOME OF MY CONCERNS MIRROR WHAT
MR. MAHER WAS JUST SAYING. AM I CORRECT THAT PART BBB DOES NOT
INDICATE IN ANY WAY, SHAPE OR FORM WHICH CORRECTIONAL FACILITIES MIGHT
BE CLOSED UNDER THIS SECTION?
MR. PRETLOW: THAT IS CORRECT. THAT GIVES -- THAT
PART GIVES THE GOVERNOR THE AUTHORITY TO CLOSE UP TO THREE FACILITIES.
MR. SEMPOLINSKI: AND THAT IS ANY TIME BETWEEN
NOW AND MARCH 31ST --
MR. PRETLOW: NEXT YEAR, CORRECT.
93
NYS ASSEMBLY MAY 7, 2025
MR. SEMPOLINSKI: -- OF NEXT YEAR. OKAY. AND
THAT WOULD BE DONE WITH ONLY 90 DAYS' NOTICE.
MR. PRETLOW: YES.
MR. SEMPOLINSKI: IT WOULD BE HER AUTHORITY.
MR. PRETLOW: YES.
MR. SEMPOLINSKI: SO MY CONCERN THERE IS I DON'T
HAVE ANY CORRECTIONAL FACILITIES IN MY DISTRICT. I DO HAVE SOME THAT ARE
VERY CLOSE TO MY DISTRICT THAT ARE ADJACENT, SO WE HAVE A LOT OF FOLKS
THAT ARE STAFF IN THOSE FACILITY -- IN THAT FACILITY. AND IT'S A VERY RURAL
AREA, AND HAVING THE LEVEL OF ANXIETY THEY HAVE IN THAT AREA OF THE
DISTRICT IS CONCERNING TO HAVE THAT SORT OF BROAD AUTHORITY. BUT THANK
YOU.
THE OTHER QUESTION, THIS IS -- I'M JUST SORT OF CURIOUS
ABOUT THIS -- WAS SECTION QQ, THE JOINT ELECTION OF THE GOVERNOR AND
LIEUTENANT GOVERNOR. I JUST WANT TO MAKE SURE I UNDERSTAND THE
CHANGE THERE. CURRENTLY -- AM I CORRECT, IN OUR CURRENT LAW THE
GOVERNOR AND THE LIEUTENANT GOVERNOR RUN AS A TICKET IN THE GENERAL
ELECTION BUT ARE NOT A TICKET IN THE PRIMARY AND THIS WOULD CHANGE THAT
SECOND (INDISCERNIBLE).
MR. PRETLOW: UNDER -- UNDER CURRENT LAW, YOU
ARE CORRECT.
MR. SEMPOLINSKI: SO THERE'S -- WHAT I'M CURIOUS
ABOUT WITH THIS IS THERE'S CERTAINLY BEEN SOME DRAMA SURROUNDING THE
POSITION OF THE LIEUTENANT GOVERNOR FOR THE LAST COUPLE LIEUTENANT
GOVERNORS. HOWEVER, THAT DRAMA HAD NOTHING TO DO WITH THE CHOICE IN
94
NYS ASSEMBLY MAY 7, 2025
THE PRIMARY. IT JUST CERTAINLY, BOOM, THIS SHOWS UP. IT -- IT HAD -- THERE
WAS NEVER A SITUATION WHERE A GUBERNATORIAL NOMINEE DIDN'T GET THE
NOMINEE OF THEIR CHOOSING IN THE PRIMARY. THAT HASN'T BEEN THE
CONCERN FOR THE LAST COUPLE LIEUTENANT GOVERNORS. THERE'S BEEN OTHER
THINGS. SO WHY THIS? WHY NOW? WHY IN THE BUDGET WHEN IT HAS
NOTHING TO DO WITH FISCAL?
MR. PRETLOW: WELL, THERE ARE A LOT OF THINGS IN
THIS BUDGET THAT HAVE NOTHING TO DO WITH THE FISCAL SAVINGS, BUT -- BUT I
HATE TO USE THE ANALOGY, BUT I WILL -- IS THAT UNDER THE CURRENT SYSTEM
WE'RE CONDONING SHOTGUN MARRIAGES, AND --
(LAUGHTER)
BECAUSE IF -- IF YOU WERE RUNNING FOR GOVERNOR AND I
WAS RUNNING FOR LIEUTENANT GOVERNOR IN A PRIMARY WITH THREE OTHER
PEOPLE AND YOU HAD THREE PEOPLE AND YOU WON, AND YOU AND I HAVE
DIAMETRICAL OPPOSITE VIEWS ON EVERYTHING AND I WON MY PRIMARY AND
YOU WON YOUR PRIMARY. NOW YOU'RE THE GOVERNOR AND I'M YOUR
LIEUTENANT GOVERNOR. WE'RE NOT GONNA GET ALONG, IT'S WATER AND OIL.
AND THAT'S WHAT THE CURRENT SYSTEM IS DOING. I THINK 30-SOME OTHER
STATES DO IT RUNNING AS A TICKET AS WE DO WITH THE PRESIDENCY OF THE
UNITED STATES. YOU RUN AS A TICKET BECAUSE AS BEING SOMEONE'S
BACKUP, YOU WANT THEM TO AT LEAST HAVE THE SAME POLITICAL VIEWS AS YOU
HAVE, THE SAME VIEWS ON -- ON -- ON SEVERAL ISSUES, AND TO REPRESENT
YOU IN GOOD FAITH AND NOT TRY TO MAKE YOU LOOK BAD IF THEY'RE OUT
REPRESENTING YOU.
AND, YOU KNOW, TO -- TO YOUR POINT, I'VE BEEN HERE FOR
95
NYS ASSEMBLY MAY 7, 2025
A NUMBER OF YEARS AND I KNOW WHEN ALFRED DELBELLO WAS MARIO
CUOMO'S LIEUTENANT GOVERNOR, THEY DIDN'T EVEN SPEAK AND HE DECIDED
THAT HE DIDN'T WANT IT AND HE -- HE RESIGNED. I THINK THE CURRENT
GOVERNOR (INDISCERNIBLE) THE LIEUTENANT GOVERNOR OF THE FORMER
GOVERNOR, AND THEY DIDN'T GET ALONG ALL THAT WELL. SO THIS, I THINK, IS
GOOD FOR THE POLITICAL STATE FOR BOTH PARTIES IN NEW YORK.
MR. SEMPOLINSKI: WELL, CHAIRMAN, I -- I RESPECT
YOUR FLAIR FOR MATRIMONIAL METAPHORS --
(LAUGHTER)
-- AND I THINK WE'D FIND A WAY TO WORK TOGETHER IF THAT
WAS OUR SITUATION.
BUT MY -- MY POINT BEING, THIS HAS NOT BEEN THE
PARTICULAR PROBLEM THAT THE CURRENT GOVERNOR'S BEEN HAVING WITH HER
LIEUTENANT GOVERNOR, IT'S BEEN OTHER PROBLEMS. AND MY OPINION
WOULD BE THAT IT WOULD SORT OF PUSHES IT INTO PARTY BOSSES PICKING AS
OPPOSED TO A MORE DEMOCRATIC PROCESS.
THAT BEING SAID, I APPRECIATE YOU BEING WILLING TO
ANSWER MY QUESTIONS. I'M GONNA GO ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. SEMPOLINSKI: SO TO -- TO GO BACK TO THE
PRISON CLOSURES, I WANT TO REITERATE WHAT MY FRIEND MR. MAHER SAID.
THE PORTION OF THE DISTRICT THAT I REPRESENT THAT IS NEAR COLLINS
CORRECTIONAL IS A VERY RURAL AREA. I WAS THERE A FEW WEEKS AGO FOR A
FIRE DEPARTMENT DINNER AND EVERYBODY -- THAT'S ALL THEY WANTED TO TALK
ABOUT WAS, WHAT'S GONNA HAPPEN WITH THE CORRECTIONAL FACILITY? IS IT
96
NYS ASSEMBLY MAY 7, 2025
GONNA BE CLOSED? HAVE YOU HEARD A RUMOR? IS IT ON THE LIST? AND
HAVING THAT LEVEL OF ANXIETY OVER SUCH A SMALL COMMUNITY FOR SUCH A
LONG TIME, UP TO MARCH 31ST OF NEXT YEAR AND THEN POTENTIALLY HAVE A
SNAP CLOSURE IS CERTAINLY NOT SOMETHING THAT I CAN SUPPORT. WHEN WE
MAKE DECISIONS LIKE THIS, IT SHOULD BE OPEN, IT SHOULD BE TRANSPARENT. IT
SHOULD BE WITH ENOUGH TIME FOR COMMUNITIES TO ADJUST. I -- I -- CONCUR,
I DON'T THINK WE SHOULD BE CLOSING PRISONS AT ALL. THIS CERTAINLY -- THIS
SORT OF BLANKET AUTHORITY TO THE GOVERNOR IS -- IS NOT THE WAY TO
ACCOMPLISH SOMETHING THAT I DON'T THINK WE SHOULD BE ACCOMPLISHING
AT ALL.
AND THEN THE OTHER PIECE -- AND -- AND I'LL BE VOTING
AGAINST THIS PARTICULAR BILL MOSTLY ON THE PRISON CLOSURES, BUT THE OTHER
REASON WOULD BE WE'VE ALL BEEN WAITING TO SEE WHAT'S GONNA HAPPEN
WITH DISCOVERY REFORM. THERE'S NOT EVEN A WHISPER OF IT IN THIS BILL.
THE ANTICIPATION IS IT'S GONNA COME LATER. I'LL -- IT'LL BE INTERESTING TO
SEE, IS IT WATERED DOWN, IS IT NOT WATERED DOWN, WHAT THE DETAILS ARE.
BUT THERE -- THAT'S A GAPING HOLE IN THIS BILL THAT WAS JUST ANOTHER REASON
WHICH I WILL BE VOTING IN THE NEGATIVE.
BUT AGAIN, I APPRECIATE THE CHAIRMAN ANSWERING MY
QUESTIONS AND I APPRECIATE THE QUALITY OF THE DEBATE TODAY. THANK YOU
VERY MUCH.
ACTING SPEAKER HUNTER: THANK YOU.
CAN WE HAVE SOME QUIET IN THE CHAMBER, PLEASE?
MRS. BAILEY.
MRS. BAILEY: THANK YOU, MADAM SPEAKER.
97
NYS ASSEMBLY MAY 7, 2025
WOULD THE CHAIR YIELD FOR SOME QUESTIONS?
ACTING SPEAKER HUNTER: WILL THE CHAIR
YIELD?
MR. PRETLOW: YES, I WILL.
ACTING SPEAKER HUNTER: THE CHAIR YIELDS.
MRS. BAILEY: THANK YOU VERY MUCH.
I HAVE A COUPLE QUESTIONS IN AND AROUND CORRECTIONAL
FACILITIES, SPECIFICALLY, FIRST AND FOREMOST, ON THE RETENTION AND HIRING OF
NEW CORRECTIONS OFFICERS. SO YOU HAD INDICATED THAT WE'RE DOWN ABOUT
4,000 CORRECTIONS OFFICERS --
MR. PRETLOW: THAT'S WHAT I'M TOLD, YES.
MRS. BAILEY: -- THIS YEAR. OKAY. AND WE'RE
LOOKING TO OPEN TESTING UP FOR 18-YEAR-OLDS TO SIT FOR THE TEST TO BECOME
A CORRECTIONS OFFICER?
MR. PRETLOW: THAT'S CORRECT.
MRS. BAILEY: AND OUT-OF-STATE RESIDENTS?
MR. PRETLOW: YES.
MRS. BAILEY: AND ONCE WE HIT A 90 PERCENT FILL
RATE, I GUESS, OR STAFFING RATE FOR OUR CORRECTIONAL OFFICERS THAT THOSE
PROVISIONS WILL THEN BE PUT ON PAUSE OR WILL NOT BE PAID INTO THE
EQUATION, CORRECT?
MR. PRETLOW: THAT'S THE INTENTION.
MRS. BAILEY: SO MY QUESTION WOULD BE, IF THESE
INDIVIDUALS SAT FOR THE TEST, WHAT HAPPENS TO THEIR NAMES IF THEY ARE ON
THE LIST TO BECOME A CORRECTIONAL FACILITY [SIC] AND THE CORRECTIONAL
98
NYS ASSEMBLY MAY 7, 2025
FACILITY IS USING A LIST TO ADVANCE SOMEONE FORWARD?
MR. PRETLOW: WELL, THEY GET -- IT'S 60 DAYS FROM
THE ANNOUNCEMENT THAT THEY CAN ACCEPT THE POSITION OR NOT. NOW, YOU
HAVE TO REMEMBER, YOU KNOW, WE DO HAVE 18-YEAR-OLDS IN THE FACILITIES
RIGHT NOW IN THE FORM OF --
MRS. BAILEY: I'M GOING TO GET TO THAT AS WELL.
MR. PRETLOW: -- THE NATIONAL GUARD, SO...
MRS. BAILEY: THE NATIONAL GUARD. I'VE TALKED TO
MANY OF THEM.
MR. PRETLOW: OKAY. SO YOUR QUESTION IS IF
THEY'RE ON THE LIST --
MRS. BAILEY: SO IF THEY'RE ON THE --
MR. PRETLOW: -- THERE'S A 60-DAY WINDOW --
MRS. BAILEY: IF THEY ARE ON THE VALID LIST TO
BECOME A CORRECTIONS OFFICER BUT WE'VE HIT THAT 90 -- YOU KNOW, WE'VE
HIT THAT 90 PERCENT --
MR. PRETLOW: THEY CAN STILL -- THEY CAN STILL BE
HIRED IN THAT CASE.
MRS. BAILEY: OKAY. SO THEY STILL WOULD BE ABLE TO
BE CHOSEN OFF OF THAT LIST, THEY JUST WOULD NOT THEN BE ABLE TO SIT FOR A
NEW TEST IF WE'RE STILL AT THAT 90 PERCENT; AM I UNDERSTANDING THAT
CORRECTLY?
MR. PRETLOW: YES.
MRS. BAILEY: OKAY.
SO AS YOU ALLUDED TO THE NATIONAL GUARD. SO, THE
99
NYS ASSEMBLY MAY 7, 2025
PROVISIONS IN THE BUDGET THE WAY IN WHICH IT'S READ, THERE ARE CERTAIN
THINGS THAT OUR 18- TO 21-YEAR-OLDS ARE NOT ABLE TO DO IN THE FACILITY?
MR. PRETLOW: CORRECT.
MRS. BAILEY: ARE THOSE THE SAME PROVISIONS
CURRENTLY TODAY THAT OUR NATIONAL GUARD MEMBERS WHO ARE WITHIN THE
18- AND 21-YEAR-OLD --
MR. PRETLOW: I DON'T BELIEVE SO.
MRS. BAILEY: OKAY. SO ARE NATIONAL GUARD
MEMBERS WHO ARE 18 TO 21 CURRENTLY ARE ABLE TO DO THE THINGS THAT WE
HAVE OUTLINED WE CHOOSE NOT TO HAVE 18- TO 21-YEAR-OLDS --
MR. PRETLOW: THE NATIONAL GUARD IS THERE UNDER
AN EMERGENCY SITUATION. THE ANSWER -- DIRECT ANSWER TO YOUR QUESTION
IS YES.
MRS. BAILEY: OKAY. THANK YOU.
SO I -- THERE ARE, YOU KNOW, MEASURES IN THIS BILL
OVERALL THAT, YOU KNOW, ARE -- ARE GREAT TO SEE; THE 20-YEAR-OLD
RETIREMENT FOR THE NEW YORK CITY FOLKS; EXPANDING, YOU KNOW, LAW
ENFORCEMENT TO THE AGE OF 43 TO SIT FOR AN EXAM. IS THERE A REASON WE
DID NOT INCLUDE THOSE PROVISIONS INTO -- FOR OUR CORRECTIONS OFFICERS?
MR. PRETLOW: I DON'T KNOW IF THERE WAS A REASON
OR WHAT THE REASON WAS THAT THEY WEREN'T INCLUDED.
MRS. BAILEY: OKAY.
SO, WE'RE LOOKING TO STAFF, YOU SAID 2,500 IS WHAT
WE'RE LOOKING TO REACH, CORRECT?
MR. PRETLOW: PARDON?
100
NYS ASSEMBLY MAY 7, 2025
MRS. BAILEY: TWENTY-FIVE HUNDRED CORRECTIONS
OFFICERS WILL GET US TO THAT 90 PERCENT?
MR. PRETLOW: THAT'S WHAT I'M TOLD, YES.
MRS. BAILEY: OKAY.
I'M GONNA SHIFT MY THOUGHT PROCESS HERE JUST FOR A
MINUTE AND GO TO THE CLOSURES ON A PRISON -- OR ON THE CORRECTIONAL
FACILITIES. THE BUDGET ALIGNS -- OUTLINES FOR UP TO THREE CORRECTIONAL
FACILITIES TO BE CLOSED AT THE GOVERNOR'S CHOOSING.
MR. PRETLOW: WITH 90-DAY NOTICE, YES.
MRS. BAILEY: WITH 90-DAY NOTICE BASED ON -- AS
THE GOVERNOR DETERMINES TO BE NECESSARY FOR THE COST-EFFECTIVE AND
EFFICIENT OPERATION OF THE CORRECTIONAL FACILITY -- OR CORRECTIONAL SYSTEM.
MR. PRETLOW: YES.
MRS. BAILEY: FOR OUR PAST CORRECTIONAL FACILITIES
THAT WE'VE CLOSED, HOW HAS THAT CONTRIBUTED TO THE EFFECTIVE OPERATION
OR THE COST EFFECTIVENESS OF MAINTAINING OUR CORRECTIONAL FACILITIES?
MR. PRETLOW: WELL, I -- I IMAGINE THAT THERE --
PEOPLE THAT WERE INCARCERATED --
(CONFERENCING)
OKAY. WE'VE -- WE'VE CLOSED SO FAR 26 CORRECTIONAL
FACILITIES AND ELIMINATED MORE THAN 15,000 PRISON BEDS SINCE 2011, AND
IT'S RESULTED IN AN ANNUAL SAVINGS TO THE STATE OF $492 MILLION.
MRS. BAILEY: FOUR HUNDRED AND NINETY-TWO
MILLION?
MR. PRETLOW: YES.
101
NYS ASSEMBLY MAY 7, 2025
MRS. BAILEY: DO YOU KNOW, IN THOSE CLOSURES OF
THOSE 26 FACILITIES HOW MANY CORRECTIONAL OFFICERS DID NOT TAKE A
TRANSFER TO ANOTHER FACILITY?
MR. PRETLOW: I -- I DO NOT KNOW. BUT I -- MY
UNDERSTANDING IS THAT 96 PERCENT REMAINED EMPLOYED OR RETIRED.
MRS. BAILEY: OKAY. AND FOR THOSE THAT HAVE HAD
TO TRAVEL -- KIND OF GOING BACK TO WHAT MY COLLEAGUE MR. DURSO WAS
TALKING ABOUT -- THOSE THAT HAVE HAD TO TRAVEL TO A DIFFERENT CORRECTIONAL
FACILITY FOR EMPLOYMENT, WHERE ARE THEY HOUSED? HOW ARE THEY
HOUSED?
MR. PRETLOW: THEY'RE NOT HOUSED IN STATE
HOUSING. I DON'T KNOW HOW THEIR HOUSED. AS I STATED EARLIER, I DO
KNOW SOME INSTANCES WHERE THERE ARE TRAILER CAMPS OUTSIDE THE FACILITY
THAT MANY OF THE CORRECTION OFFICERS STAY IN. MOST OF THEM -- THEY TRY
TO WORK WITHIN THE CONFINES OF THEIR LOCALE WHERE THEY ACTUALLY LIVE,
AND THEY COMMUTE TO WORK LIKE MOST PEOPLE.
MRS. BAILEY: OKAY. AND ONE OF THE CONCERNS THAT
I HAVE IS, I DO HAVE A CORRECTIONAL FACILITY IN MY DISTRICT, GROVELAND
CORRECTIONAL FACILITY, AND THERE ARE INDIVIDUALS WHO TRAVEL QUITE A
DISTANCE DUE TO CLOSURES; MULTIPLE CLOSURES IN SOME INSTANCES WHERE
THEY'VE BEEN TRANSFERRED MANY -- TO MANY PLACES. AND IT'S MY
UNDERSTANDING THAT SOME OF THEM DO STAY ON THE GROUNDS IN STATE
HOUSING.
MR. PRETLOW: OKAY.
MRS. BAILEY: OKAY.
102
NYS ASSEMBLY MAY 7, 2025
MY NEXT QUESTIONS ARE GOING TO GO ON THE BODY-WORN
CAMERA, AND I BELIEVE MY COLLEAGUE MR. MAHER MENTIONED THIS OR
ASKED, AND WE'VE REHASHED THAT IT -- THE POLICY HAS NOT GONE THROUGH
ANY BARGAINING UNITS AS IT'S OUTLINED, AND YOU HAD MENTIONED ON THE
RECORD THAT IF STAFF NEEDS TO USE THE RESTROOM THAT THE CAMERAS THEN
COULD BE TURNED OFF?
MR. PRETLOW: TO MY KNOWLEDGE. I DON'T -- I
CAN'T GIVE YOU 100 PERCENT GUARANTEE THAT, BUT TO THE BEST OF MY
KNOWLEDGE THAT'S THE CASE.
MRS. BAILEY: OKAY. I THINK WE NEED TO SEEK SOME
CLARITY ON THAT, BECAUSE THOSE THAT HAVE BODY CAMERAS RIGHT NOW, I
DON'T BELIEVE THAT'S NECESSARILY THE INFORMATION IN WHICH THEY'RE BEING
LED TO BELIEVE IS ACCURATE. SO THAT WOULD BE GREAT IF WE GOT SOME --
SOME CLARITY ON THAT.
THE NEXT QUESTION I HAVE ON BODY-WORN CAMERAS IS
THE COMMISSIONER HAS THE ABILITY TO HAVE CIVILIAN STAFF WEAR BODY-
WORN CAMERAS; IS THAT CORRECT IN THIS BILL?
MR. PRETLOW: YES.
MRS. BAILEY: HOW WILL THAT BE DETERMINED? DO
WE KNOW? IS IT BY FACILITY? IS IT BY POSITION? AND WILL THE BARGAINING
UNITS THAT REPRESENT THOSE INDIVIDUALS BE INVOLVED IN THAT DECISION-
MAKING PROCESS?
MR. PRETLOW: I THINK THAT'S DETERMINED BY THE
SUPERINTENDENT OF --
MRS. BAILEY: BY THE SUPERINTENDENT OR THE
103
NYS ASSEMBLY MAY 7, 2025
COMMISSIONER?
MR. PRETLOW: THE COMMISSIONER, I SHOULD SAY.
MRS. BAILEY: OKAY. SO WE DON'T KNOW IF THAT'S BY
POSITION OR IF IT'S BY A FACILITY-SPECIFIC --
MR. PRETLOW: THAT'S DETERMINED BY THE
COMMISSIONER, DOCCS COMMISSIONER.
MRS. BAILEY: OKAY.
MR. PRETLOW: AND IN -- IN ANSWER TO YOUR FORMER
QUESTION ABOUT USING THE CAMERA IN THE RESTROOM, I THINK THE
LEGISLATION, THE WAY IT'S WORDED, SAYS WHEN IT'S NECESSARY TO HAVE THE
CAMERA ON OR WHEN IT SHOULD BE ON, AND NOT 24/7.
MRS. BAILEY: SO I READ THE SECTION THAT IT SAID IT'S
ON AT ALL TIMES.
MR. PRETLOW: ON AND ACTIVATED ARE TWO DIFFERENT
THINGS.
MRS. BAILEY: OKAY. BUT IF IT'S ON, ISN'T IT STILL
RECORDING (INAUDIBLE/CROSS-TALK) --
MR. PRETLOW: IT DOESN'T HAVE TO BE ACTIVATED IF
THEY'RE SITTING ON THE COMMODE.
MRS. BAILEY: OKAY.
MR. PRETLOW: BUT IT SHOULD -- IT COULD BE ON BUT
IT'S NOT ACTIVATED (INAUDIBLE/CROSS-TALK) --
MRS. BAILEY: SO YOU'RE INDICATING ON MEANS ON
THE BODY, ON THE PERSON --
MR. PRETLOW: YES.
104
NYS ASSEMBLY MAY 7, 2025
MRS. BAILEY: -- VERSUS BEING ACTIVATED?
MR. PRETLOW: YES.
MRS. BAILEY: OKAY. THANK YOU. ON THE -- THANK
VERY MUCH FOR ANSWERING MY QUESTIONS.
ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MRS. BAILEY: VERY MUCH LIKE MY COLLEAGUE TO THE
LEFT, MR. SEMPOLINSKI, YOU KNOW, I -- I CAN'T IN GOOD FAITH VOTE FOR THIS
BILL, AND I REALLY THINK WE MISSED THE MARK WHEN IT COMES TO AN
OPPORTUNITY. THERE ARE SEVERAL MEASURES IN HERE FROM -- FROM A POLICY
BASE THAT -- YOU KNOW, IN AND AROUND OUR CORRECTIONS OFFICERS, BUT IT
SPEAKS LOUD TO ME THAT WE DID NOT LISTEN TO THEM A FEW MONTHS BACK.
AND WE'RE TAKING MEASURES TO RETAIN AND RECRUIT IN SOME AREAS OF LAW
ENFORCEMENT, BUT UNFORTUNATELY, WE'RE -- WE'RE SELLING OURSELVES SHORT.
WE CURRENTLY ARE SPENDING $100 MILLION A MONTH ON
THE NATIONAL GUARD IN OUR CORRECTIONAL FACILITIES. I HAVE CONCERNS WITH
BRINGING FOLKS IN FROM OUT-OF-STATE AND WHAT THAT MEANS FOR OUR
CORRECTIONAL FACILITIES. WHERE DO WE HOUSE THESE INDIVIDUALS? IF THEY
ARE COMING IN, WILL THAT BE SOMETHING THAT GETS LAYERED ON LATER ON?
AND HOW THAT -- WHAT DOES THAT MEAN FOR OUR STATE RESIDENTS IF THE
THEY'RE ALL ON THE SAME LIST? I DID NOT READ ANY PROVISIONS IN THERE THAT
NEW YORK STATE RESIDENTS HAVE A PREFERENCE OVER OUT-OF-STATE RESIDENTS
WHEN IT COMES TO HIRING OUR CORRECTIONAL OFFICERS WITH THIS NEW
FRAMEWORK. AND I HAVE TRUE CONCERNS -- I HAVE TRUE CONCERNS WITH OUR
NATIONAL GUARDSMEN IN OUR CORRECTIONAL FACILITIES RIGHT NOW WHO ARE
105
NYS ASSEMBLY MAY 7, 2025
BETWEEN THE AGES OF 18 AND 21. AND I HAVE SAID THIS EVERY DAY SINCE
THEY WERE -- THEY WERE PUT IN PLACE, IS THAT OUR CORRECTIONAL OFFICERS
CANNOT SIT FOR THE EXAM UNTIL THEY WERE 21 YEARS OF AGE, BUT HERE WE
HAVE OUR NATIONAL GUARD IN THERE AT 18. SO WE'RE MAKING SOME
CARVE-OUTS FOR INDIVIDUALS IF THEY CHOOSE TO GO INTO THIS PROFESSION AT
THAT AGE. HOWEVER, WHAT DOES THAT DO AND HOW ARE THOSE POSITIONS
GOING TO BE TRANSITIONED AND MOVED AROUND IF THEY ARE CONSIDERED A
PEACE OFFICER? AND WE'RE DOING HIRING. IS THERE A CERTAIN AMOUNT OF
INDIVIDUALS IN ANY ONE CORRECTIONAL FACILITY UNDER THE AGE OF 21? DO
WE HAVE A NUMBER OF JOBS OUTLINED THAT THESE INDIVIDUALS CAN FILL
VERSUS THOSE THAT HAVE TO BE OVER 21?
SO I REALLY BELIEVE WE NEED TO TAKE A BETTER LOOK AT
THIS AND REALLY LOOK AT HOW DO WE RETAIN AND RECRUIT OUR STAFF IN NEW
YORK STATE AND STOP PIECEMEALING DIFFERENT PIECES. I THINK IT WAS
HEARD LOUD AND CLEAR A FEW MONTHS AGO ON WHAT SOME OF THE MEASURES
ARE THAT WE WOULD BE ABLE TO GET FOLKS INTO OUR CORRECTIONAL FACILITIES.
THE ANSWER IS NOT CLOSING UP TO THREE MORE. IT HAS A HUGE ECONOMIC
SHORTFALL ON THOSE AREAS IN WHICH THOSE CLOSINGS TAKE PLACE. OUR
DISTRICT SUFFERED A CLOSURE IN 2019 AND THERE ARE INDIVIDUALS THAT TO THIS
DAY CONTINUE TO SPEAK ON THAT. FURTHERMORE, THAT PROPERTY SAT VACANT
AND STILL SITS VACANT. THE COUNTY JUST TOOK POSSESSION OF IT LAST YEAR
FROM NEW YORK STATE. SO IT WOULD ALSO BE WHAT'S THE EXIT PLAN FOR
THESE EMPTY FACILITIES AS WE MOVE FORWARD.
THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
106
NYS ASSEMBLY MAY 7, 2025
MS. WALSH.
MS. WALSH: THANK YOU VERY MUCH, MADAM
SPEAKER. WILL THE CHAIRMAN YIELD FOR SOME QUESTIONS?
ACTING SPEAKER HUNTER: WILL THE CHAIR
YIELD?
(INDISCERNIBLE)
ACTING SPEAKER HUNTER: THE CHAIR YIELDS.
MS. WALSH: THANK YOU SO MUCH.
ONE -- ONE OF THE THINGS THAT'S GREAT ABOUT HAVING
SMART COLLEAGUES IS THEY TENDED TO ASK SOME OF THE SAME QUESTIONS.
I'M GONNA TRY VERY MUCH NOT TO BE REPETITIVE. BUT I DID HAVE A FEW,
KIND OF, I GUESS, CLEANUP QUESTIONS TO ASK ON A VARIETY OF TOPICS.
THE FIRST I'LL TAKE UP IS THE ISSUE WITH THE JUDGES, THE
CIVIL COURT AND COURT OF CLAIMS JUDGES THAT ARE GOING TO BE ADDED.
THAT'S IN PART NN OF THIS BILL. THE PART PROVIDES FOR TEN ADDITIONAL
NEW YORK CITY CIVIL COURT JUDGES AND IT LAYS OUT THE DIFFERENT
COUNTIES. WE HEARD QUITE A BIT OF DISCUSSION ABOUT THAT EARLIER. MY
QUESTION IS, IS THERE ANYTHING IN THIS BILL THAT ADDS ANY UPSTATE JUDGES?
MR. PRETLOW: NO. UNFORTUNATELY, I'LL SAY NO.
MS. WALSH: WELL, I APPRECIATE YOU SAYING IT'S
UNFORTUNATE; I WOULD AGREE WITH YOU. IS -- IS THAT, TO YOUR KNOWLEDGE,
BUILT INTO ANY OTHER BILL THAT WE MIGHT BE SEEING IN THE COURSE OF
PASSING THIS BUDGET?
MR. PRETLOW: NOT TO MY KNOWLEDGE. AS I SAID --
AS I SAID EARLIER TO OUR COLLEAGUE, THESE REQUESTS ARE MADE BY THE OFFICE
107
NYS ASSEMBLY MAY 7, 2025
OF COURT ADMINISTRATION BASED ON HOW THEY SEE THE NEED STATEWIDE.
THEY SEE A NEED FOR A SUPREME COURT JUDGE -- JUDGES IN, YOU KNOW, IN
DISTRICT 12, THEY'LL PUT ONE OR THEY'LL MAKE A REQUEST FOR ONE. WE'RE
JUST APPROVING WHAT THE OFFICE OF COURT ADMINISTRATION HAS REQUESTED
TO FILL THE RANKS OF THEIR JUDGESHIPS.
MS. WALSH: SO CHAIRMAN, ARE YOU SUGGESTING THAT
I SHOULD TAKE MY BEEF UP WITH OCA, THEN?
MR. PRETLOW: ABSOLUTELY.
MS. WALSH: ALL RIGHT. I WILL DO THAT.
THE NEXT THING I'D LIKE TO TALK ABOUT QUICKLY BECAUSE
WE HAVE HAD A LOT OF QUESTIONING ABOUT IT IS THE PUBLIC CAMPAIGN
FINANCING CHANGES.
MR. PRETLOW: YES.
MS. WALSH: IT IS CONFUSING. AND IT HAS, YOU KNOW,
THE -- MR. RA SPOKE EARLIER ABOUT THE -- THE PROBLEMS WITH ESSENTIALLY
TRYING TO PASS BUDGET BILLS WHEN WE DON'T YET HAVE A FULL PICTURE OF OUR
SPENDING PLAN. I THINK ABOUT THAT A LITTLE BIT WHEN IT COMES TO THE
PUBLIC CAMPAIGN FINANCE CHANGES. IT SEEMS AS THOUGH WE MEMBERS ARE
KIND OF BEING LED THROUGH AND GETTING, YOU KNOW, POSITIONS AND MEMOS
AND -- AND IDEAS AS WE'RE GOING THROUGH THE PROGRAM ABOUT WHAT'S
GONNA BE ALLOWED AND NOT GONNA BE ALLOWED. SO IT'S JUST, LIKE, OVERALL
KIND OF A CONFUSING THING.
MY QUESTION IS REALLY AT THE END OF AN ELECTION CYCLE,
CAN YOU TRANSFER EITHER NON- OR PUBLIC MONEY OVER TO A HOUSEKEEPING
OR OTHER POLITICAL ACCOUNT?
108
NYS ASSEMBLY MAY 7, 2025
MR. PRETLOW: I DO NOT BELIEVE YOU COULD TRANSFER
ANY PUBLIC MONEY IN. IT HAS TO BE RETURNED.
MS. WALSH: OKAY. BUT NOT -- OKAY, THE PUBLIC
MONEY HAS TO BE RETURNED, AND I -- I GET THAT. NON-PUBLIC MONEY, WHAT
ABOUT THAT? CAN THAT BE SENT OVER AS IT WAS, I GUESS, YOU KNOW, LAST
YEAR AT THE END OF THAT ELECTION CYCLE? WE -- I READ ABOUT THAT.
MR. PRETLOW: YES. I THINK UP TO $50,000 CAN BE
TRANSFERRED.
MS. WALSH: UP TO $50,000, THANK YOU, COULD BE
TRANSFERRED TO A HOUSEKEEPING OR OTHER POLITICAL ACCOUNT. THANK YOU.
OKAY.
AND I -- I JUST WANTED TO ASK -- AND -- AND -- I WANTED
TO ASK BECAUSE I ALSO WAS HERE WHEN WE FIRST PASSED THIS AND I DIDN'T
SUPPORT IT. I STILL THINK THAT CANDIDATES SHOULD BE ABLE TO MARSHAL THE
RESOURCES TO BE ABLE TO RUN A CAMPAIGN ON THEIR OWN. HOWEVER, THE --
THE PURPORTED REASON THAT WAS GIVEN FOR CREATING THIS WHOLE PROGRAM
WAS TO TRY TO AMPLIFY THE VOICES OF SMALL DONORS VERSUS LARGE DONORS,
AND TO HELP GRASSROOTS NON-MONEY CANDIDATES WHO WANT TO PARTICIPATE
IN THIS PROCESS TO HAVE A FIGHTING CHANCE.
MR. PRETLOW: THAT'S THE THEORY.
MS. WALSH: HOW IS THE -- HOW DOES THE LANGUAGE
IN THIS BILL HELP FURTHER EITHER ONE OF THOSE GOALS?
MR. PRETLOW: I BELIEVE THE ORIGINAL ITERATION OF
THIS BILL CAUSED DIFFICULTIES TO SEVERAL INDIVIDUALS JUST FOR THE $250
MAXIMUM. YOU KNOW, $250 WAS MATCHABLE, I BELIEVE, AT EIGHT-TO-ONE
109
NYS ASSEMBLY MAY 7, 2025
PAYMENT TO THE -- THE CANDIDATE. BUT IF A WEEK AFTER THAT $10 CAME IN
AND YOU HAD $261, YOU WERE THEN RESPONSIBLE TO RETURN THE 250 -- THE
ENTIRE MATCHING AMOUNT, AND YOU MAY HAVE SPENT IT. I MEAN, I USE TWO
WEEKS AS AN EXAMPLE, BUT A MONTH-AND-A-HALF AFTER YOU GOT YOUR $250
MATCHED, YOU RECEIVED AN ADDITIONAL $10 THAT THREW YOU OVER. YOU
MAY HAVE ALREADY SENT OUT A MAILER OR SPENT THAT MONEY, BUT NOW
YOU'RE RESPONSIBLE -- OR YOU WERE RESPONSIBLE TO RETURN THE MATCHING
MONEY THAT YOU RECEIVED, YOU KNOW, EARLIER. UNDER THIS NEW BILL YOU
CAN -- AFTER YOU MAX OUT AT $250, YOU CAN GET UP TO $1,050. AND I --
DON'T ASK ME WHERE THAT NUMBER CAME FROM, IT WAS NEGOTIATED.
MS. WALSH: NEGOTIATED.
MR. PRETLOW: YOU KNOW, $1,050 AND YOU WOULD
NOT HAVE TO RETURN THE ORIGINAL MATCHED FUNDS.
MS. WALSH: YEAH, AND I CAN APPRECIATE THAT. AND
I -- I THINK MANY OF US WHO DID PARTICIPATE IN THE PROGRAM EXPERIENCED
THAT KIND OF INCREDIBLY ANNOYING THING. AND IT WAS ALMOST INSULTING TO
SOMEBODY BECAUSE YOU'RE LOOKING AT THE DONOR, SOMETIMES THE DONOR
AND THEIR SPOUSE GOT AGGREGATED IN TERMS OF THEIR CONTRIBUTIONS. BUT IF
THEY WANTED TO GIVE YOU ADDITIONAL MONEY LATER IN THE YEAR, FOR
EXAMPLE, YOU HAD TO TURN THEM DOWN AND THEN YOU HAD TO GO THROUGH
THAT WHOLE THING, THAT WHOLE CONVERSATION. I UNDERSTAND THAT. ALL
RIGHT. LET'S MOVE AWAY FOR A MOMENT FROM PUBLIC CAMPAIGN FINANCING,
BECAUSE I DO THINK THAT THERE WERE A LOT OF QUESTIONS ON THAT.
I WANT TO JUST A QUICK QUESTION ABOUT THE -- THE HIRING
THE 18- TO 21-YEARS-OLDS FOR CORRECTIONS OFFICERS. AND YOU MENTIONED
110
NYS ASSEMBLY MAY 7, 2025
EARLIER, I THINK, I JUST WANT TO CLARIFY, YOU SAID SO THE PLAN IS TO MOVE
MORE CORRECTIONS OFFICERS THAT CURRENTLY WERE HOLDING DESK JOBS, I'M
GONNA SAY, OR NOT, YOU KNOW, DIRECT INMATE CONTACT SORT OF JOBS --
MR. PRETLOW: YES.
MS. WALSH: -- AND MOVE THEM SINCE THEIR MORE
EXPERIENCED TO WORK WITH -- DIRECTLY WITH THE INMATES AND THEN HAVE
THE 18- TO 20-YEAR-OLDS -- 21-YEAR-OLDS MORE IN THESE DESK JOBS. DID I
UNDERSTAND THAT CORRECTLY?
MR. PRETLOW: YES, YOU DID.
MS. WALSH: OKAY. ALL RIGHT. AND -- OKAY. I
WOULD -- THIS IS MY EDITORIAL, BUT I WOULD SAY THAT YOU MIGHT HAVE
SOME OF THOSE MORE EXPERIENCED CORRECTIONS OFFICERS WHO DON'T WANT
TO HAVE DIRECT CONTACT WITH THE -- WITH THE INMATES
(INAUDIBLE/CROSS-TALK) --
MR. PRETLOW: THAT IS -- THAT IS A POSSIBILITY.
SOME MAY HAVE REQUESTED TO GET AWAY FROM THE -- THE POPULATION TO
THOSE -- TO THOSE POSITIONS. BUT MY UNDERSTANDING IS, IS THAT -- IS THAT
THERE ARE ENOUGH VACANCIES RIGHT NOW THAT -- THAT CAN ALL BE HANDLED
INTERNALLY WITHIN THE FACILITIES.
MS. WALSH: THANK YOU VERY MUCH. AND THANK
YOU VERY MUCH FOR YOUR ANSWERS.
AND, MR. SPEAKER, ON THE BILL, PLEASE.
ACTING SPEAKER O'PHARROW: ON THE BILL.
MS. WALSH: THANK YOU SO MUCH.
SO AS WITH -- YOU KNOW, THIS IS -- THIS IS OUR FIRST, I
111
NYS ASSEMBLY MAY 7, 2025
GUESS, MEATIER BILL THAT WE'RE GONNA BE TALKING ABOUT TODAY AND, YOU
KNOW, THERE ARE ALWAYS GONNA BE THINGS IN THE BILL THAT WE LIKE, THERE'S
GONNA BE THINGS THAT WE DON'T LIKE. I WANTED TO, I GUESS, TALK ABOUT A
COUPLE OF THINGS THAT I WAS VERY HAPPY TO SEE IN THE BILL. ONE IS THE
25-YEAR RETIREMENT PLAN FOR FIREFIGHTERS THAT ARE EMPLOYED BY THE NEW
YORK STATE DIVISION OF MILITARY AND NAVAL AFFAIRS. I THINK THAT'S GREAT
BECAUSE IN MY DISTRICT I HAVE THE 109TH AIRLIFT WING. THEY'RE THE ONES
THAT FLY THE MISSIONS TO ANTARCTICA. AND THEY HAVE FIREFIGHTERS THAT ARE
ON BASE THAT WERE VERY UPSET ABOUT THE CURRENT SITUATION AND ARE VERY
HAPPY -- I THINK THEY'RE GONNA BE VERY HAPPY TO SEE THE 25-YEAR
RETIREMENT PLAN. AND SIMILARLY, I WAS VERY HAPPY TO SEE THE RETIREMENT
PLAN FOR THE NEW YORK STATE EN CON POLICE, THE NEW YORK STATE PARK
POLICE AND THE NEW YORK STATE UNIVERSITY POLICE TO MIRROR THE NEW
YORK STATE POLICE RETIREMENT --
ACTING SPEAKER O'PHARROW: MR. MEEKS,
WHY DO YOU RISE?
MR. MEEKS: I RISE FOR A POINT OF ORDER, CHAIR.
THROUGHOUT THIS DEBATE TODAY I'VE HEARD A NUMBER OF MY COLLEAGUES
ACROSS THE AISLE USE THE TERM "INMATE" IN REFERRING TO INCARCERATED
INDIVIDUALS. IN AUGUST OF 2021, THE GOVERNOR SIGNED INTO LAW AND IT
RELATES TO REPLACING ALL INSTANCES OF THE WORDS OR VARIATIONS OF THE
WORDS "INMATE" OR "INMATES" WITH THE WORDS "INCARCERATED INDIVIDUAL"
OR "INCARCERATED INDIVIDUALS" OR VARIATIONS THEREOF. SO I JUST WANT TO
PUT THAT ON THE FLOOR AND ASK THAT MY COLLEAGUES BE MINDFUL OF THE
TERMS THEY'RE USING TODAY.
112
NYS ASSEMBLY MAY 7, 2025
THANK YOU.
MS. WALSH: THANK YOU SO MUCH, MR. MEEKS. IF I
MAY CONTINUE.
SO THOSE ARE THE TWO THINGS THAT I MENTIONED THAT I
WAS VERY HAPPY TO SEE IN THE BUDGET BILL. UNFORTUNATELY, I DO NEED TO
MENTION A FEW THINGS THAT I'M NOT VERY HAPPY ABOUT. THE FIRST HAS TO
DO WITH THE JUDGES, AND I -- I CAN APPRECIATE SOME OF MY DOWNSTATE
COLLEAGUES UNHAPPY THAT MAYBE THEIR AREA DIDN'T GET WHAT THEY THOUGHT
THEY NEEDED. I'VE GOT A REAL PROBLEM BECAUSE UPSTATE REALLY GOT THE
SHORT END OF THE STICK ON THIS ONE. I MEAN, I DON'T KNOW, MAYBE --
MAYBE WE'LL SEE IT IN A LATER BUDGET BILL, BUT THE CHAIR IS INDICATING THAT
WE WILL LIKELY NOT. SO IT'S NOT TO SAY THAT THERE WOULDN'T BE SOME KIND
OF AN OMNIBUS BILL SOMETIMES PASSED AT THE END OF SESSION. BUT THE
FACT OF THE MATTER IS THAT OCA IS REALLY LARGELY LISTENING, I THINK,
DISPROPORTIONATELY TO DOWNSTATE VOICES. AND SPEAKING FROM THE
COUNTY THAT I PRIMARILY REPRESENT, SARATOGA COUNTY, SARATOGA COUNTY
HAS THE FASTEST-GROWING POPULATION OUT OF 53 UPSTATE NEW YORK
COUNTIES OVER THE PAST DECADE, AND ALL INDICATIONS ARE THAT THIS GROWTH
IS EXPECTED TO CONTINUE FOR THE FORESEEABLE FUTURE. IN THE 11 COUNTIES
COMPRISING THE 4TH JUDICIAL DISTRICT, SARATOGA COUNTY HAS 26 PERCENT
OF THE ENTIRE DISTRICT'S POPULATION --
ACTING SPEAKER O'PHARROW: MR. LAVINE,
WHY DO YOU RISE?
MR. LAVINE: I RESPECTFULLY ASK IF THE SPEAKER WILL
YIELD FOR JUST ONE QUESTION.
113
NYS ASSEMBLY MAY 7, 2025
MS. WALSH: YOU KNOW WHAT? I -- I DON'T YIELD,
AND I'D VERY HAPPY TO TALK TO YOU LATER.
MR. LAVINE: I WILL MAKE IT VERY SHORT.
MS. WALSH: ONLY BECAUSE MY TIME IS SO LIMITED,
MR. LAVINE. THANK YOU SO MUCH, CHUCK.
SO IN THE 11 COUNTIES COMPRISING THE 4TH JUDICIAL
DISTRICT, SARATOGA COUNTY HAS 26 PERCENT OF THE ENTIRE DISTRICT'S
POPULATION, BUT ONLY ONE OF THE 16 COUNTY COURT JUDGES ASSIGNED IN THE
4TH JD. I PROVIDE THAT BY WAY OF EXAMPLE. I THINK THAT IF WE ARE GOING
TO BE DOING THESE TYPES OF ADDITIONS OF JUDGES IN THE BUDGET, I WOULD
ASK AND I WOULD LIKE TO PUT ON THE RECORD THAT I WOULD LIKE OCA TO
LISTEN. AND I'M DRAWING THAT INFORMATION THAT I JUST READ TO ALL OF YOU
FROM A LETTER THAT WAS PROVIDED TO OUR DISTRICT ADMINISTRATIVE JUDGE
FROM THE NEW YORK STATE UNIFIED COURT SYSTEM WHO IS IN CONSTANT
CONTACT WITH OCA. SO IT'S NOT LIKE WE'RE NOT RAISING THIS ISSUE OR THAT
I'M ONLY RAISING IT IN THE CONTEXT OF THE BUDGET.
SO I REALLY DO HOPE THAT WE'LL SEE THIS BEFORE THE END
OF SESSION, WHENEVER THAT MIGHT BE. I -- I -- FROM WHAT I UNDERSTAND
WE MAY HAVE A COUPLE OF MORE DAYS EVEN TO WORK WITH DURING THIS --
THIS YEAR'S SESSION, WHICH I KNOW WE'RE VERY HAPPY TO HEAR ABOUT THAT.
I THINK PROBABLY I'LL LEAVE IT THERE. I MEAN, I THINK THAT
THE -- THE MAIN THING, I GUESS, I DO JUST WANT TO JUST TOUCH ON BRIEFLY IN
THE VERY LIMITED TIME THAT I HAVE REMAINING HAS TO DO WITH PUBLIC
CAMPAIGN FINANCING.
AS I STATED DURING THE QUESTIONING, I THINK THAT THIS
114
NYS ASSEMBLY MAY 7, 2025
WHOLE PROGRAM WAS REALLY SET UP PURPORTEDLY TO HELP GRASSROOTS, FIRST-
TIME, MAYBE NOVICE, MAYBE NOT AS WELL-KNOWN, NON-INCUMBENTS RUN
FOR OFFICE. AND IT WAS DESIGNED TO HELP PEOPLE WHO WANTED TO GIVE
SMALL AMOUNTS OF MONEY OR COULD ONLY GIVE SMALL AMOUNTS OF MONEY,
AND TO TRY TO REDUCE THE IMPACT -- SOMETIMES I THINK VERY
DISPROPORTIONATE IMPACT OF MONEY COMING IN FROM SPECIAL INTEREST
GROUPS AND LOBBYING GROUPS. AND I THINK THAT ON THE FACE OF IT, THEY
SEEMED LIKE GOOD IDEAS. I DON'T NECESSARILY LIKE THE WHOLE -- I DON'T
SUPPORT THE WHOLE PROGRAM. BUT, YOU KNOW, AS WAS SAID THIS MORNING,
AS RECENTLY FROM MY LOCAL PAPER, THESE CHANGES TURN THE REFORM ON ITS
HEAD AND SUBVERT IT ORIGINAL INTENT.
A COUPLE OF YEARS AGO, AS WAS MENTIONED, IN 20 -- TWO
YEARS -- TWO YEARS AGO, LAWMAKERS -- WE PASSED A BILL THAT WOULD HAVE
ALLOWED THE FIRST 250 OF ANY CONTRIBUTION TO BE MATCHED BY STATE
FUNDING, AND THE GOVERNOR VETOED THE BILL SAYING IT WOULD, QUOTE,
"EFFECTIVELY REDUCE THE IMPACT OF SMALL DONORS ON ELECTIONS", CLOSED
QUOTE, AND WAS A, QUOTE, "DIRECT CONTRAVENTION OF THE PURPOSE OF THE
PUBLIC CAMPAIGN FINANCE PROGRAM." I DID AGREE WITH HER THEN. I DON'T
KNOW WHY NOW WE'RE SEEING THIS LANGUAGE IN HERE NOW. AND I DON'T
APPRECIATE THE FACT THAT IT'S BURIED IN THE BUDGET. SO OUT OF 100 PAGES
OF BUDGET TEXT IT'S BEING KIND OF STUCK IN THERE, I THINK PROBABLY SO THAT
THE PUBLIC WON'T BE VERY AWARE OF IT.
SO FOR THOSE REASONS I WON'T BE SUPPORTING THIS BILL.
BUT HEY, WE'RE STARTING TO VOTE ON BUDGET BILLS. I'M HAPPY TO SEE THAT.
THANK YOU VERY MUCH, MR. SPEAKER.
115
NYS ASSEMBLY MAY 7, 2025
ACTING SPEAKER O'PHARROW: MR. DILAN.
MR. DILAN: THANK YOU, MR. SPEAKER.
ON THE BILL.
ACTING SPEAKER O'PHARROW: ON THE BILL.
MR. DILAN: FIRST I WOULD LIKE TO THANK MY
COLLEAGUE, THE NEW CHAIR OF WAYS AND MEANS, ON HIS MAIDEN VOYAGE,
SO-TO-SPEAK, FOR GETTING HIS FIRST BUDGET BILL ON THE FLOOR AND TO
DEBATING IT.
BUT, MR. SPEAKER AND MY COLLEAGUES, I WOULD LIKE TO
REMIND FOLKS AS TO WHY WE ARE HERE ON THE CORRECTIONS PORTIONS OF THIS
BILL TODAY. IN MY TIME IN THIS CHAMBER, I TRADITIONALLY HAVEN'T TALKED
ON A PUBLIC PROTECTION BILL. BUT THE CHANGES THAT WE ARE IMPLEMENTING
TODAY IS BECAUSE ROBERT BROOKS AND MESSIAH NANTWI WERE TRAGICALLY
MURDERED BY STATE EMPLOYEES WHEN THEY WERE UNDER THE CARE OF THE
STATE OF NEW YORK. NOW, TO MY KNOWLEDGE, UNLESS THEIR USE OF FORCE
GUIDELINES WERE KICKED IN, THE GUARDS THAT MURDERED THEM DID NOT HAVE
THE AUTHORITY TO DO SO. THIS STATE DID NOT GRANT THEM THAT AUTHORITY. SO
WE'RE HERE TODAY BECAUSE THIS BILL CODIFIES LANGUAGE THAT IS IN THE
DOCCS COMMISSIONER'S DIRECTIVES. WHY ARE WE DOING THAT? IN CASE
A FUTURE DOCCS COMMISSIONER DECIDES TO CHANGE THEM. ALL RIGHT?
WE'VE HEARD THROUGHOUT THIS SESSION, YOU KNOW,
MANY OF MY COLLEAGUES HAVE HEARD THE PAIN THAT SOME OF US FROM THE
CAUCUS HAVE FELT, SOME OF US FROM OUTSIDE OF THE CAUCUS HAVE FELT, AND
SOME THAT EVEN INDIVIDUAL MEMBERS MAY HAVE FELT AS A RESULT OF THESE
TWO MURDERS. WHAT WE HAVEN'T EXPRESSED AS A CAUCUS IS THE PAIN OUR
116
NYS ASSEMBLY MAY 7, 2025
COMMUNITY FEELS. RIGHT? I HEAR FOLKS TALKING ABOUT THE ANXIETY, ABOUT
PRISON CLOSURES AND DOING THAT UNDER EXPEDITED AUTHORITY. BUT NO ONE'S
TALKING ABOUT THE ANXIETY OF THE SAFETY OF THEIR FAMILY WHO MAY HAVE
COMMITTED A CRIME, PROBABLY HAVE COMMITTED A CRIME. SOME OF THEM
INNOCENT, NOT AT ALL. BUT EVEN THOUGH THEY COMMITTED THAT CRIME, THEY
DID NOT HAVE THE RIGHT FOR THEIR LIFE TO BE TAKEN BY AN EMPLOYEE OF THE
STATE OF NEW YORK. SO WHAT ARE WE SUPPOSED TO DO AS A LEGISLATURE,
NOTHING? WE'RE SUPPOSED TO ONLY LOOK AT ONE SIDE OF THE EQUATION, OUR
WORKFORCE AND NOT THE OTHER PEOPLE UNDER THE CARE OF THE STATE? NO.
TODAY WE'RE TAKING ACTION. IT'S A FIRST STEP OF MANY
STEPS THAT WE NEED TO TAKE TO DO THE NEXT RIGHT THING. AND I BELIEVE
THAT'S WHAT, MY COLLEAGUES, WE ARE DOING HERE TODAY. SO CODIFYING
LANGUAGE TO SET PERMANENT GUIDELINES IN LAW FOR THE USE OF BODY
CAMERAS, TO ME, IS A CRITICAL FIRST STEP. AND REFORMING A DEPARTMENT
THAT NEEDS TO BE REFORMED.
NOW, MANY OF YOU, MY COLLEAGUES, WE'VE ALL SEEN THAT
VIDEO, RIGHT? WE ALL SAW WHAT WAS HORRENDOUS. BUT WE ALSO SAW BODY
LANGUAGE THAT WAS EQUALLY DISTURBING. EQUALLY DISTURBING. ALMOST
LOOKED NONCHALANT AND -- AND MATTER-OF-FACT. AND THAT PAINS A LOT OF
US, A LOT OF OUR PEOPLE THAT -- THAT WE -- WE REPRESENT. AND I CAN'T TELL
YOU THE AMOUNT OF CALLS THAT I HAVE GOTTEN FROM PEOPLE IN THE STATE AND
FROM OUT OF THE STATE OVER THE CONCERN OF THE SAFETIES OF SOMEONE WHO
IS INCARCERATED BECAUSE NOT THAT THEY HAVE FEAR FROM ANOTHER
INCARCERATED INDIVIDUAL, BUT THEY HAVE FEAR POTENTIALLY OF SOMEONE WHO
WAS CHARGED WITH THEIR SAFETY AND THEIR CARE.
117
NYS ASSEMBLY MAY 7, 2025
NOW LISTEN, I THINK SAFETY AND THE CARE OF EVERYONE
WHO IS IN A CORRECTIONAL FACILITY IS PARAMOUNT, WHETHER YOU'RE AN
INCARCERATED IN -- INDIVIDUAL OR A GUARD. BUT AS WE STAND HERE TODAY, I
CAN'T REMEMBER THE LAST TIME AN INCARCERATED INDIVIDUAL WAS KILLED --
EXCUSE ME, THAT A -- A CORRECTION OFFICER WAS KILLED IN THE LINE OF DUTY
BY AN INCARCERATED INDIVIDUAL. SO WE NEED TO TAKE THIS INTO ACCOUNT AS
WE GO FORWARD. AND I -- I HAVE TO SAY, I BELIEVE WE SHOULD BE GOING
FURTHER. YOU KNOW, THERE WAS LANGUAGE OFFERED UP THAT WOULD GIVE US
REPORTING. AND -- AND -- AND TO PARAPHRASE MY FRIEND IN CONFERENCE,
MR. ANDERSON, I DO HAVE A BILL FOR THAT. BUT BASICALLY SAYS HOW OSI,
WHO IS GETTING ADDITIONAL MANPOWER TO CONDUCT THESE INVESTIGATIONS
WHERE THESE INSTANCES OCCUR, HAVE TO REPORT TO US. BECAUSE OSI,
DOCCS OSI, NOT THE AG'S OSI, IS NOT INDEPENDENT OF DOCCS. SO
WHERE ARE OUR INDEPENDENT CHECKS ON THIS SYSTEM? I BELIEVE THAT
TECHNOLOGY IS THE FIRST IMPORTANT STEP THAT WE CAN TAKE, AND SETTING
FORTH THE RULES FOR THAT TECHNOLOGY IS WHAT WE ARE DOING HERE TODAY.
NOW IN THE CASE OF ROBERT BROOKS, THE CAMERAS WERE
ON AND WE ALL, UNFORTUNATELY, HAD TO SEE WHAT HAPPENED. IN THE CASE OF
MESSIAH NANTWI, THOSE CAMERAS WEREN'T ROLLING. PROBABLY
INTENTIONALLY. SO IT'S A CLEAR MESSAGE THAT WE HAVE TO DO SOMETHING.
WE -- WE CAN'T JUST SIT HERE AND SAY THAT -- THAT -- THAT ONLY ONE SIDE OF
THIS EQUATION IS AFFECTED, RIGHT? NOW I -- I GUARANTEE BOTH SIDES OF
EQUATION ARE AFFECTED. BUT LET'S DEAL WITH IT HOLISTICALLY, AND LET'S START
TO DEAL WITH IT FROM A PERSPECTIVE THAT IN THE NEAR FUTURE SOME OF THE
FOLKS THAT HAVEN'T BEEN TALKED ABOUT IN THIS SYSTEM HAVEN'T BEEN
118
NYS ASSEMBLY MAY 7, 2025
HARMED IN THE LAST SIX MONTHS. SO WHEN WE START TO DEAL WITH THAT,
WHEN WE START TO UNPACK THAT, WHEN WE START TO DEAL WITH THE EMOTIONS
THAT SOME OF US ARE FEELING AND SOME OF THE MEMBERS OF OUR
COMMUNITY ARE FEELING, THEN I THINK WE ARE ON A ROAD TO SOLVING THIS
PROBLEM. BUT I THINK RIGHT NOW IF WE JUST LOOK AT IT AS LABOR FORCE
VERSUS INCARCERATED VERSUS THE LEGISLATURE VERSUS THE GOVERNOR, WE'LL
BE HERE. WE'LL BE HERE AND NOTHING WILL CHANGE. AND THE SAD THING IS
THAT THE TECHNOLOGY -- THE TECHNOLOGY, THE WILL, IS OUT THERE TO MAKE
SUCH CHANGE, AND I HOPE THAT WE COLLECTIVELY ARE ALL PART OF DOING THAT
CHANGE TOGETHER. THE CAUCUS HAS BEEN TREMENDOUSLY SUPPORTIVE,
MEMBERS OF THE CORRECTIONS COMMITTEE HAVE BEEN TREMENDOUSLY
SUPPORTIVE. AND NOT OF ME. I -- I COULD CARE LESS ABOUT ME. IT'S OF THE
AGENDA. THEY COULD CARE LESS ABOUT ME. IT'S OF THE AGENDA THAT NEEDS
TO BE DONE FOR OUR PEOPLE THAT HAS NOT BEEN DONE AND HAS BEEN
OVERLOOKED FOR YEARS. THIS IS THE FIRST STEP IN CORRECTING THAT TODAY.
AND I KNOW A LOT OF MY COLLEAGUES ARE EAGER TO GET TO THAT WORK.
AND THERE'S A LOT OF THINGS IN THIS BUDGET THAT I DO NOT
LIKE. ALL RIGHT? I -- I DON'T LIKE THE IDEA OF 18-YEAR-OLDS GOING IN. I
PERSONALLY THINK THEY'RE NOT READY. I'M GOING TO VOTE FOR IT AS PART OF A
NEGOTIATED AGREEMENT. YOU DON'T ALWAYS GET WHAT YOU WANT. BUT THAT
ADDRESSES, POTENTIALLY, A RECRUITING PROBLEM THAT REALISTICALLY EXISTS. IT
DOES. WE CAN'T DENY THAT IT EXISTS, IT -- IT DOES. BUT AT THE SAME TIME,
WE HAVE TO ACKNOWLEDGE COLLECTIVELY THAT ON THE OTHER SIDE OF THE
EQUATION, THINGS THAT HAVE BEEN SWEPT UNDER THE RUG AND NOT DEALT WITH
FOR YEARS NEED TO BE ADDRESSED BY THIS LEGISLATURE. THERE NEEDS TO BE A
119
NYS ASSEMBLY MAY 7, 2025
DRAMATIC REFORM OF THE PRISON SYSTEM IN THIS STATE SO THAT FOLKS SERVE
THE SENTENCE THAT THEY WERE ISSUED BY A COURT, NOT BY A MEMBER OF THE
STATE WORKFORCE. UNLESS, OF COURSE, THE USE OF FORCE GUIDELINES THAT
THEY HAVE ARE BROKEN. AND IN THIS CASE NEITHER ONE OF THESE INDIVIDUALS
WHO I HAVE CITED EARLIER BROKE THOSE USE OF FORCE RULES, IN MY OPINION
OR FROM WHAT I BELIEVE.
SO, MR. SPEAKER, I MEAN, I -- I COULD GO ON. THERE --
THERE'S SO MANY THINGS THAT WE COULD DO. THERE'S THINGS WHERE WE'RE
CHANGING LANGUAGE TO THE STATE COMMISSION OF -- OF CORRECTIONS. I
THINK THEY NEED TO BE EMPOWERED. THEY NEED TO BE EMPOWERED
INDEPENDENTLY. THEY WERE EMPOWERED IN THIS STATE IN THE PAST. THEY
LOOK AT -- THEY LOOK AT DEATHS IN THE DOCCS SYSTEM AND IN LOCAL
SYSTEMS, BUT THEY NEED TO BE EMPOWERED IN THE WORST WAY. THEY HAVE
ALMOST NO SAY OVER DOCCS. THEY DO HAVE SOME SAY ON LOCAL JAILS,
AND ME AND MY COLLEAGUE DURING THE BUDGET HEARING, DEMOND MEEKS,
GOT TO WATCH ANOTHER ASSAULT THAT OCCURRED ON SOMEONE WHO WAS
INCARCERATED RIGHT HERE IN ALBANY COUNTY, AT THE LOCAL CORRECTIONAL
FACILITY. AND ALBANY COUNTY CORRECTIONAL FACILITY HAS HAD SOME
CHALLENGES THIS YEAR. SO WE REALLY NEED TO LOOK AT THIS HOLISTICALLY.
BUT TO LOOK AT IT AND JUST SAY, OH, WELL WHERE ARE MY GUARDS GONNA
WORK? AND THIS ASPECT IS UNFAIR WHEN YOU CLEARLY SEE, NO MATTER WHAT
PARTY YOU'RE IN, YOU SAW WHAT YOU SAW. SO LET'S DEAL WITH IT
COLLECTIVELY, HOLISTICALLY.
I'M -- I'M -- LOOK, I'M PRO-LABOR. I'M PRO-ALL LABOR.
RIGHT? I CONSIDER MYSELF PRO-LABOR. AND SURE, YOU KNOW, THE REASON
120
NYS ASSEMBLY MAY 7, 2025
WHY THE 18-YEAR-OLDS ARE BEING DONE, BECAUSE WHEN I VISITED SOME OF
THESE CORRECTIONAL FACILITIES I'VE TALKED TO INCARCERATED INDIVIDUALS. I'VE
ALSO TALKED TO GUARDS. ONE OF THEIR BIGGEST FEARS IS BEING -- COMING IN
ON A FRIDAY AND BEING STUCK AND THEY CAN'T GO HOME AND THEY MISS
THEIR DAUGHTER'S BIRTHDAY AND THEY CAN'T GET OUT. YOU KNOW, I'M -- I'M
SYMPATHETIC TO THAT. I'M HUMAN. I WANT TO BE THERE FOR MY DAUGHTER'S
BIRTHDAY, TOO. BUT WE CAN'T DENY THE FACT THAT UNDER THE COLLECTIVE CARE
TWO PEOPLE WERE MURDERED, AND OTHERS ABUSED AND SWEPT UNDER THE RUG
FOR YEARS THAT WE MAY NEVER KNOW ABOUT. SO WE'RE TAKING THE FIRST STEP
TO CHANGE THAT. AND I THINK THE TAXPAYERS OF THIS STATE, THE LEGISLATURE
OF NEW YORK -- OF THE STATE OF NEW YORK ARE ENTITLED TO A LEVEL OF
TRANSPARENCY AND ACCOUNTABILITY OF ALL AGENCIES. NOT JUST DOCCS, OF
EVERY AGENCY. DOCCS IS NOT EXCLUSIVE. THEY'RE NOT -- THEY DON'T GET
TO BE OPAQUE AS THEY WERE USED TO IN THE PAST. THAT HAS TO CHANGE. WE
CAN DO IT FAIRLY. WE CAN DO IT FAIRLY FOR INCARCERATED INDIVIDUALS AND
WE CAN DO IT FAIRLY FOR A WORKER ALIKE. BUT TO SAY THAT THE WORKER WAS
AGGRIEVED AHEAD OF WHAT WE JUST SAW, LET'S BE HUMAN. FORGET ABOUT
BEING A DEMOCRAT OR A REPUBLICAN. LET'S BE HUMAN. ALL WE ASK IS TO
BE TREATED FAIRLY. AND I THINK THE SECOND WE GET TO DOING THAT AS A
STATE AND AS THE LEGISLATURE, WE'LL BE IN A MUCH, MUCH, MUCH BETTER
PLACE.
SO, MR. SPEAKER, I -- I COULD GO ON, BUT IN -- IN THE,
YOU KNOW, JUST THE INTEREST OF TAKING THE FIRST STEP AND VOTING ON WHAT I
BELIEVE HOLISTICALLY IS THE FIRST STEP IN DOING THE RIGHT THING, I'M GONNA
TO VOTE, OR I INTEND TO VOTE YES ON THIS BILL. BUT I THOUGHT AT THIS TIME IT
121
NYS ASSEMBLY MAY 7, 2025
WAS VERY, VERY, VERY IMPORTANT TO PUT THE FULL NARRATIVE OUT THERE AND
NOT JUST HALF THE NARRATIVE THAT EXISTS WITHIN THE DOCCS SYSTEM TODAY.
SO WITH THAT, MR. SPEAKER, I THANK YOU. YOU KNOW, I
-- I COULD SAY MORE, BUT I THINK IT'S APPROPRIATE TO STOP HERE BECAUSE I
THINK IT PUTS, YOU KNOW, JUST A LEVEL OF CIVILITY TO IT AND A LEVEL OF
HUMANITY TO IT THAT I THINK WE ALL NEED. AND IT ALLOWS SOME OF US WHO
HAVE BEEN DEALING WITH THIS PAIN AND SILENCE TO AT LEAST COME FORWARD
AND -- AND EXPRESS THAT. BECAUSE AT THE END OF THE DAY WE'RE -- WE'RE
ALL HUMAN. AND -- AND SOME OF THIS STUFF THAT HAPPENS, AS A LEGISLATURE
YOU TRY NOT TO BRING THE STUFF HOME WITH YOU, BUT WE'RE ALL STILL HUMAN.
SOME OF THIS STUFF HURTS.
THANK YOU, MR. SPEAKER.
(APPLAUSE)
ACTING SPEAKER O'PHARROW: THANK YOU, MR.
DILAN.
MRS. [SIC] CHANDLER-WATERMAN.
MS. CHANDLER-WATERMAN: ON THE BILL.
THANK YOU, SPEAKER.
AS I KNOW THIS BUDGET BILL COVERS A COLLECTIVE OF
IMPORTANT ISSUES, I WILL FOCUS ON ONE VERY IMPORTANT CONCERN FOR NEW
YORKERS. AS A NEW YORK STATE ASSEMBLY MEMBER REPRESENTING
BROOKLYN, IN BROOKLYN, ASSEMBLY DISTRICT 58 COVERING AN
UNDER-RESOURCE AREA OF EAST FLATBUSH, PARTS OF CANARSIE, BROWNSVILLE
AND CROWN HEIGHTS, PREDOMINANTLY BLACK AND BROWN COMMUNITIES
THAT HAVE SOME OF THE HIGHEST LEVEL [SIC] OF GUN VIOLENCE THROUGHOUT
122
NYS ASSEMBLY MAY 7, 2025
NEW YORK STATE. TODAY MARKS A PIVOTAL MOMENT WITH THE PASS [SIC] OF
CRITICAL LEGISLATION THROUGH THIS BUDGET TO ADDRESS THE NATIONAL CRISIS OF
GUN VIOLENCE, AND ESPECIALLY THE TRAUMA TO THE COMMUNITIES IMPACTED.
I WANT TO EXTEND SPECIAL THANK YOU TO THE LEADERSHIP HERE WITH OUR
SPEAKER, HIS TEAM, WAYS AND MEANS, MR. PRETLOW AND MY COLLEAGUES,
BUT ALSO TO THE ADVOCACY GROUPS WHO HAVE AND ARE CONTINUING TO
SUPPORT US IN DOING MUCH OF THIS WORK ACROSS THE STATE, ESPECIALLY
NATIONAL GROUPS LIKE NEW YORKERS AGAINST GUN VIOLENCE, COMMON
CAUSE, MY DISTRICT 58 PUBLIC SAFETY TASK FORCE AND THE LOCAL GROUPS AND
MY COLLEAGUES' DISTRICT [SIC] THROUGHOUT THE STATE THAT HELP MYSELF AND
MY SENATE PRIME SPONSOR CREATE THIS PIECE OF LEGISLATION. DUE TO THIS
COLLABORATIVE WORK OF EVERYONE BEHIND THE SCENES, WE ARE ABLE THROUGH
THIS BUDGET TO PASS THE LEGISLATION TO SECURE THE NEW YORK STATE OFFICE
OF GUN VIOLENCE PREVENTION TO EXPAND AND ENSURE THAT ITS OFFICE IS
PERMANENT IN STATE STATUTE REGARDLESS OF WHO'S IN OFFICE TO GUIDE THE
DEVELOPMENT AND IMPLEMENTATION OF IMPACTFUL WRAPAROUND SERVICES,
ESPECIALLY MENTAL HEALTH SUPPORT, INTENTIONAL SUPPORT FOR OUR SURVIVORS,
DATA COLLECTION, GRANT ALLOCATION TO COMMUNITY-BASE [SIC] ORGANIZATIONS
AND PUBLIC EDUCATION CAMPAIGNS AIMED TO REDUCE GUN VIOLENCE WITH
THE COORDINATION OF STAKEHOLDERS AND AGENCIES, ESPECIALLY THE
DEPARTMENT OF HEALTH, OFFICE OF MENTAL HEALTH AND OFFICE OF VICTIM
SERVICES. THIS MOVE IS NOT JUST MERELY CONSEQUENTIAL. IT IS VITAL AND
THE ACTIONS WERE ARE TAKING IN THE REGARD WILL SET A PRECEDENCE WITH
STATES ACROSS THE COUNTRY, ESPECIALLY SINCE WE ARE IN UNCERTAIN TIMES
WHERE HUNDREDS OF MILLIONS OF DOLLARS WERE CUT ON THE FEDERAL LEVEL
123
NYS ASSEMBLY MAY 7, 2025
FROM THE SAME -- SAME COMMUNITY GROUPS IN THE MIDDLE OF A GRANTED
CONTRACT THAT PROVIDES RESOURCES TO SUPPORT HOLISTIC RESPONSE AND
PREVENTATIVE GUN VIOLENCE MEASURES.
ALSO, IN JANUARY THE WHITE HOUSE OFFERS [SIC] A GUN
VIOLENCE PREVENTION WAS CLOSED WITH THIS NEW ADMINISTRATION. THE
SAME MONTH, DAYS PRIOR TO THE OFFICE CLOSURE, TEN YOUNG PEOPLE WERE
SHOT AND INJURED IN A MASS -- MASS GUN VIOLENCE INCIDENT IN NEW YORK
CITY. AND UPDATE -- AND UPSTATE LIKE BUFFALO MASS SHOOTING OF TEN
MURDERED OR EVEN ROCHESTER REPORT A SUMMER VIOLENCE OF FIVE PEOPLE
BEING SHOT. OUR PLIGHT TO ERADICATE GUN VIOLENCE IS NOT JUST ANOTHER
PIECE OF LEGISLATION, IT IS HOW TO TRULY REIMAGINE HOW TO ADDRESS PUBLIC
HEALTH CRISIS. ONE INCIDENT OF GUN VIOLENCE IS TOO MUCH AND SURVIVORS
AND FAMILIES NEED TO BE SUPPORTED DURING THE TRAUMATIC TIME. IF THERE'S
ONE INCIDENT OR WHAT WE NOW HAVE AS A NEW TERM IN THE STATE STATUTE
MASS GUN VIOLENCE INCIDENTS WHETHER THERE'S A MASS SHOOTING OF FOUR OR
MORE BEING MURDERED OR THREE OR MORE BEING -- ARE INJURED OR THREE OR
MORE INJURED IN SEVEN DAYS OF MULTIPLE SHOOTINGS, THESE (INDISCERNIBLE)
INDIVIDUAL INJURED NOW IS A TERM CODIFIED OR MORE SUPPORT. NO ONE
WAKES UP THINKING THEIR LOVED ONE WILL BE A VICTIM OF GUN VIOLENCE.
HOWEVER, THERE IS SOME PEOPLE'S REALITY EVERY DAY.
I WANT TO THANK THE VITAL FORCE OF OUR SURVIVORS WHO
TURNED THEIR PAIN INTO PURPOSE, ESPECIALLY WITH THIS LEGISLATION, THE
NOW, THE OFFICE OF VICTIM SERVICES THROUGH THIS BUDGET WILL NOW BE
MORE FINANCIAL SUPPORT FOR BETTER ASSISTANCE WITH NO JUDGMENT TO THE
VICTIM. MORE SUPPORT WILL BE (INDISCERNIBLE) FOR CLEANUP OF THE CRIME
124
NYS ASSEMBLY MAY 7, 2025
SCENE WHETHER YOU'RE A FAMILY OR NOT. LOSS (INDISCERNIBLE) TO SURVIVORS
SUPPORT, ASSISTANCE WITH RELOCATION AND EVEN (INDISCERNIBLE) SUPPORT TO
THOSE WHO ARE LIVING WITH DISABILITIES THAT ARE VICTIMS. WHILE WE HAVE
A BIG, ILLEGAL GUN PROBLEM, WE NEED MORE RESTRICTIONS TO STOP THE FLOW
OF ILLEGAL GUNS INTO OUR COMMUNITIES, BUT WE ALSO NEED TO ENSURE GUN
OWNERS, LEGAL GUN OWNERS ARE RESPONSIBLE WHEN IT COMES TO SAFE
STORAGE AS WELL. THIS CRISIS OF COMMUNITY VIOLENCE IS MULTI-LAYERED.
MY HEART GOES OUT TO ALL THE FAMILIES IMPACTED WHILE I'M APPRECIATIVE
THAT WE HAVE TAKEN STEPS TO SECURE AND EXPAND THE OFFICE OF GUN
VIOLENCE PREVENTION AND PROVIDE MORE SUPPORT FOR SURVIVORS THROUGH
THE OFFICE OF VICTIM SERVICES THERE ARE STILL MORE FINANCIAL INVESTMENTS
AND RESOURCES NEEDED TO TRULY ADDRESS THIS ONGOING CRISIS IN A
MEANINGFUL WAY AND MAKING SURE THAT THESE AGENCIES HAVE THAT
FINANCIAL SUPPORT. I'LL BE REMISS IF I DID NOT MENTION THE WRAPAROUND
SERVICES (INDISCERNIBLE) FOR CHILDREN LIKE CHILD CARE, AFTER SCHOOL
PROGRAMS, OUT OF SCHOOL PROGRAMS, EDUCATIONAL SUPPORTED PROGRAMS
AND RESOURCES ARE ALSO UPLIFTED WITH MORE FINANCIAL INVESTMENTS. THIS
BILL'S NOT PERFECT, NOT EVERYTHING WE WANT TO -- WANT TO HAVE, BUT
HOWEVER, I LOOK FORWARD TO CONTINUE TO WORK COLLABORATIVELY WITH
THESE AGENCIES, STAKEHOLDERS, ESPECIALLY SURVIVORS AND
COMMUNITY-BASED ORGANIZATIONS INTERRUPTING THE VIOLENCE TO ENSURE WE
ARE INTENTIONAL WITH LISTENING TO THOSE WHO HAVE LIVED EXPERIENCY --
EXPERIENCES HOLISTICALLY TO LEND THEIR VOICES TO SUPPORT THE PUBLIC
HEALTH CRISIS.
THANK YOU. I PLAN TO VOTE IN THE AFFIRMATIVE.
125
NYS ASSEMBLY MAY 7, 2025
ACTING SPEAKER O'PHARROW: THANK YOU,
MRS. [SIC] CHANDLER-WATERMAN.
MR. TANNOUSIS.
MR. TANNOUSIS: MR. SPEAKER, WILL THE SPONSOR
YIELD FOR SOME QUESTIONS?
MR. PRETLOW: YES.
ACTING SPEAKER O'PHARROW: THE SPONSOR
YIELDS.
MR. TANNOUSIS: THANK YOU. THANK YOU.
CHAIRMAN, I WANT TO GO BACK TO THE TEN CIVIL COURT
SEATS THAT ARE FROM NEW YORK CITY. ONCE AGAIN, HOW WERE THE
DETERMINATIONS MADE AS TO HOW MANY SEATS WERE TO GO TO EACH
BOROUGH?
MR. PRETLOW: THE OFFICE OF COURT
ADMINISTRATION MADE THE DETERMINATION AS TO HOW MANY THEY NEEDED
IN THE SYSTEM, AND MY BE -- AND MY BELIEF IS THAT THE BASIS THAT THEY DID
THE JUDGES' ASSIGNMENT BY COUNTY WAS BASED ON ARRESTS IN THAT COUNTY.
MR. TANNOUSIS: OKAY. SO WHAT YOU'RE TELLING US
HERE IN THE ASSEMBLY IS THAT THE OFFICE OF COURT ADMINISTRATION
DETERMINED HOW MANY SEATS AND WHICH BOROUGHS THEY WERE GOING TO;
IS THAT WHAT YOU'RE TELLING US?
MR. PRETLOW: YES.
MR. TANNOUSIS: OKAY. AND WHO IN THE OFFICE OF
COURT ADMINISTRATION DID YOU SPEAK TO IN REGARDS TO THIS?
MR. PRETLOW: I DIDN'T SPEAK TO ANYONE IN THE
126
NYS ASSEMBLY MAY 7, 2025
OFFICE OF COURT -- OFFICE OF COURT ADMINISTRATION. THEY MADE A
REQUEST THROUGH THE EXECUTIVE FOR THESE POSITIONS TO BE INCLUDED IN THE
BUDGET.
MR. TANNOUSIS: OH, SO YOU DIDN'T HAVE ANY TYPE
OF CONVERSATION WITH ANYBODY AT OCA --
MR. PRETLOW: ME PERSONALLY --
MR. TANNOUSIS: -- IN REGARDS TO --
MR. PRETLOW: -- ABSOLUTELY NOT.
MR. TANNOUSIS: I'M SORRY?
MR. PRETLOW: I SAID ME PERSONALLY, ABSOLUTELY
NOT.
MR. TANNOUSIS: OKAY. SO WHAT YOU'RE SAYING
BASICALLY IS THAT THESE TEN JUDGESHIPS SOMEHOW APPEARED OUT OF
NOWHERE AND WE HAVE NO IDEA WHY CERTAIN BOROUGHS, EVERY BOROUGH
BASICALLY HAS TWO, BROOKLYN HAS THREE AND STATEN ISLAND HAS ONE. AND
YOU ALSO HAVE NO IDEA WHY CERTAIN MUNICIPAL DISTRICTS POTENTIALLY HAVE
A JUDGESHIP WHILE OTHERS DON'T. IS THAT WHAT YOU'RE TELLING US?
MR. PRETLOW: I'M TELLING YOU THAT THE OFFICE OF
COURT ADMINISTRATION MAKES A DETERMINATION AS TO THE ASSIGNMENT AND
LOCATION OF JUDGES.
MR. TANNOUSIS: OKAY. MAYBE THEN WE SHOULD
HAVE BROUGHT JUDGE ZAYAS HERE AND MAYBE I COULD'VE ASKED HIM UNDER
--
MR. PRETLOW: IF HE WERE A MEMBER OF THIS BODY I
WOULD -- I WOULD ACCEPT THAT, BUT RIGHT NOW WE ARE DOING THE BUDGET AS
127
NYS ASSEMBLY MAY 7, 2025
REQUESTED IN -- IN THIS CASE BY THE EXECUTIVE.
MR. TANNOUSIS: OKAY. WELL, THANK YOU VERY
MUCH.
ON THE BILL --
ACTING SPEAKER HUNTER: ON THE BILL.
MR. TANNOUSIS: -- MADAM SPEAKER.
YOU KNOW, IT'S A LITTLE BIT INSULTING TO OUR INTELLIGENCE
TO SIT HERE AND WE KNOW THAT THERE WERE TEN NEW YORK CITY JUDGES, TEN
JUDGES PROPOSED IN THIS BUDGET FOR NEW YORK CITY. CERTAIN BOROUGHS
GOT CERTAIN AMOUNT OF JUDGES. AND NOW WE'RE EXPECTED TO BELIEVE THAT
ALL OF THESE ARE MADE IN REGARDS TO THE DEMAND INSTEAD OF ANY OTHER
FACTOR. STATEN ISLAND HAS TWO MUNICIPAL DISTRICTS. THE ONE THAT
PARTICULARLY -- MAY PARTICULARLY FAVOR ONE PARTY OVER ANOTHER HAPPENS
TO BE THE ONE THAT THEY CREATE THE JUDICIAL SEAT FOR. WHO HERE NOW
BELIEVES THAT OCA CREATED THESE? I FIND THAT HARD TO BELIEVE. I VOTE
NO!
ACTING SPEAKER HUNTER: THANK YOU.
MR. BOLOGNA.
MR. BOLOGNA: THANK YOU VERY MUCH, MADAM
SPEAKER. WOULD THE SPONSOR YIELD FOR A FEW QUICK QUESTIONS?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MR. PRETLOW: YES.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MR. BOLOGNA: I HAVE TO TELL YOU, MR. PRETLOW,
128
NYS ASSEMBLY MAY 7, 2025
FROM MY DAYS OF WORKING FOR OUR PREVIOUS COLLEAGUE JIM HAYES WHEN
HE USED TO DEBATE DENNY FARRELL. YOU'RE VERY REMINISCE AND YOUR STYLE
VERY MUCH STILL REMINDS ME OF THE LATE GREAT DENNY FARRELL.
MR. PRETLOW: I REMEMBER MR. HAYES.
MR. BOLOGNA: YOU'RE GIVING OFF MR. FARRELL
VIBES, SO THANK YOU VERY MUCH.
OKAY. SO A FEW -- FEW QUICK QUESTIONS FOR YOU. I JUST
WANT TO CLARIFY SOME THINGS. SO WOULD YOU AGREE THAT OUR GOAL IS TO --
TO SOLVE A STAFFING CRISIS WITHIN THE DEPARTMENT OF CORRECTIONS?
MR. PRETLOW: YES. I WOULD AGREE TO THAT,
MR. BOLOGNA: OKAY. THEN TO HOLISTICALLY JUST
LOOKING AT IT FROM A THOUSAND FOOT VIEW, IS IT TO FIX A STAFFING CRISIS OR IS
IT TO FIX THE RATIO OF CORRECTIONS OFFICERS TO INCARCERATED INDIVIDUALS?
MR. PRETLOW: THE DETERMINATION AS TO THE
NUMBER OF -- OF -- OF OFFICERS IN THE FACILITIES IS MADE BY THE
COMMISSIONER OF DOCCS.
MR. BOLOGNA: MM-HMM.
MR. PRETLOW: SO IF HE OR SHE OR CURRENTLY IS A HE
IS USING THE RATIO OF DOCCS EMPLOYEES TO INCARCERATED INDIVIDUALS
AND THAT'S HOW THEY DO IT, HE'S THE EXPERT IN THIS. MY ASSUMPTION IS THAT
HE'S AN EXPERT IN THIS BY VIRTUE OF HIS POSITION. WE ARE NOT EXPERTS. I
DON'T BELIEVE ANYONE IN THIS ROOM IS AN EXPERT ON CORRECTIONS. SO WE'RE
LETTING THEM DO WHAT THEIR JOB IS. CERTAIN REQUESTS WERE MADE BY THE
COMMISSIONER TO THE GOVERNOR TO PUT CERTAIN THINGS IN THE BUDGET AS IT
PERTAINS -- AS IT PERTAINS TO STAFFING, AS IT PERTAINS TO BODY CAMERAS,
129
NYS ASSEMBLY MAY 7, 2025
EVEN AS IT PERTAINS TO THE PERMISSION TO CONSOLIDATE INCARCERATED
INDIVIDUALS BY VIRTUE OF CLOSING INSTITUTIONS. THIS IS ALL DONE THROUGH
THE DEPARTMENT OF CORRECTIONS.
MR. BOLOGNA: THANK YOU. IT'S A -- IT'S A CRITICAL
POINT TO -- TO HARP IN ON, BECAUSE AGAIN, I MEAN OBVIOUSLY WE'VE ALL,
YOU KNOW, BEEN PAYING ATTENTION TO WHAT'S HAPPENING SINCE THE
BEGINNING OF THE YEAR REALLY WITH -- WITH, YOU KNOW, OUR CORRECTIONS
OFFICERS. AND, YOU KNOW, ONE OF THE THINGS WE'VE HEARD IS -- IS, YOU
KNOW, EARLY RELEASE, WE'VE SEEN THAT A LITTLE BIT, SO I'M JUST TRYING TO
HONE IN ON THE INTENT OF SOME OF THESE REFORMS TO SEE IS IT REALLY TO
BRING UP OUR STAFFING NUMBERS, OR IS IT TO KIND OF CLIMB THE NEXUS POINT
OF BRINGING UP STAFFING AND BRINGING DOWN THE -- THE NUMBER OF
INCARCERATED INDIVIDUALS, WHICH ACTUALLY LEAVES ME TO KIND OF ANOTHER
QUESTION.
SO, SOME OF THE -- IN THE TIME THAT WE HAVE SEEN THAT
KIND OF CRISIS WITHIN DOCCS AND THE STRIKING IN OUR COUNTY FACILITIES
HAVE ACTUALLY HAD AN INFLUX OF STATE HOLDS, WHICH ARE PAID AT A LOWER --
WHICH IS PAID AT ABOUT $100 I THINK PER -- PER NIGHT. OUR FEDERAL HOLDS
I THINK ARE AT $148 A NIGHT. SO I HAVE SOME SHERIFFS AND CORRECTIONS IN
MY DISTRICT THAT HAVE HAD TO TURN AWAY FEDERAL HOLDS BECAUSE OF THE
INFLUX OF STATE. SO MY QUESTION IS, IS THERE ANY FUNDING IN THIS -- IN
THIS BUDGET OR IN LANGUAGE THAT WOULD REIMBURSE OR MAKE WHOLE THE
COUNTIES THAT HAVE HAD TO TURN AWAY FEDERAL HOLDS?
MR. PRETLOW: I DON'T BELIEVE SO.
MR. BOLOGNA: OKAY. THEN I WANT TO FLIP OVER TO
130
NYS ASSEMBLY MAY 7, 2025
-- BACK TO PART HH, WHICH TALKS ABOUT THE REPORT. WHAT IS THE INTENT OF
THE REPORT?
MR. PRETLOW: THE INTENT OF THE COURT?
MR. BOLOGNA: SORRY. HOLD ON.
(PAUSE)
IT IS THE -- OH, HERE WE GO. THE CORRECTIONS
COMMISSION REPORT.
NOW, IT'S MY UNDERSTANDING THAT THE CITIZENS' POLICY
AND COMPLAINT REVIEW COUNCIL THAT ALREADY EXISTS, BUT WHAT WE'RE
ADDING IS NOW THERE IS A REPORT THAT THAT COUNCIL HAS TO -- OR
COMMISSION HAS TO PRODUCE, CORRECT?
MR. PRETLOW: YES.
MR. BOLOGNA: OKAY. WHAT IS THE INTENT OF THAT
REPORT?
MR. PRETLOW: SPEAKER: OKAY. IT'S MY BELIEF
THAT THIS DONE -- BEING DONE TO CREATE MORE TRANSPARENCY WITHIN THE
SYSTEM.
MR. BOLOGNA: THIS ISN'T I GOTCHA THING.
MR. PRETLOW: NO, NO, NO.
MR. BOLOGNA: I'M GENERALLY TRYING TO UNDERSTAND.
MR. PRETLOW: NO, NO.
MR. BOLOGNA: SO IN ONE OF THE PARTS THERE IT SAYS,
THE COMMISSION SHALL MAINTAIN A WEBSITE THAT ALLOWS THE SUBMISSION
OF WRITTEN COMPLAINTS REGARDING ANY CORRECTIONAL FACILITY AND PROVIDES
THE COMMISSION TO ADDRESS FOR THE RECEIPT OF COMPLIANCE BY MAIL. THE
131
NYS ASSEMBLY MAY 7, 2025
COMMISSION SHOULD PROMULGATE RULES REQUIRING CORRECTIONS FACILITIES TO
PROVIDE INCARCERATED INDIVIDUALS IN WRITING THE WEBSITE'S MAILING
ADDRESS. IS THIS ALSO ELIGIBLE FOR COS TO SUBMIT COMPLAINTS AND
THOUGHTS AS WELL?
MR. PRETLOW: I WOULD IMAGINE SO, YES.
MR. BOLOGNA: OKAY. PERFECT. THANK YOU.
AND THEN MY LAST QUESTION WOULD BE THIS: SO PART SS,
WHICH IS THE -- I THINK IT'S THE 20 -- 20 YEARS FOR NEW YORK CITY
CORRECTIONS OFFICERS. OH, SORRY. NEW YORK CITY POLICE DEPARTMENT.
MR. PRETLOW: NO. POLICE (INDISCERNIBLE) OVER 20
YEARS IS ONLY FOR POLICE OFFICERS.
MR. BOLOGNA: OKAY.
MR. PRETLOW: NOT CORRECTION OFFICERS.
MR. BOLOGNA: OKAY. YES, WHICH IS -- WHICH IS
MY POINT. I THINK THIS WAS BROUGHT UP EARLIER. HAS THERE BEEN ANY TALK,
DISCUSSION OR CONCERN THAT NOW THAT THE PENSION BENEFIT OCCURS EARLIER
MIGHT BE BETTER, THERE MIGHT BE NEW YORK CITY CORRECTIONS OFFICERS
THAT LEAVE TO GO WORK AT THE NYPD BECAUSE THAT THEIR BENEFIT IS BETTER,
ONLY FURTHER EXACERBATING THE STAFFING CRISIS AND SHORTAGE WITHIN NEW
YORK CITY COS.
MR. PRETLOW: THAT IS A POSSIBILITY, BUT WE HAVE
THAT -- WE HAVE THAT DISCREPANCY IN MANY OTHER AREAS, AND THERE IS AS I
MENTIONED EARLIER TO ONE OF OUR -- OUR COLLEAGUES THAT I HAVE THE SAME
EXPERIENCE WHERE -- WHERE IT'S CALLED A BADGE TRAIN WHERE POLICE
OFFICERS LEAVE ONE COMMUNITY TO GO TO ANOTHER, LEAVING RIGHT NEXT DOOR
132
NYS ASSEMBLY MAY 7, 2025
AND, YOU KNOW --
MR. BOLOGNA: YUP.
MR. PRETLOW: -- EVEN TEN, 15 PERCENT INCREASE. IT
HOLDS TRUE WITH PENSIONS, ALSO. WE HAVE DIFFERENT PENSION SYSTEMS FOR
PARK POLICE OR NEW YORK CITY POLICE VERSUS NEW YORK STATE POLICE.
THERE ARE A LOT OF DIFFERENT SYSTEMS THAT EACH OF THOSE GAIN THROUGH
SOME FORM OF COLLECTIVE BARGAINING. SO YES, THERE ARE DIFFERENCES AND
EVERYONE THAT'S IN A POSITION, WHICHEVER POSITION THEY'RE IN KNEW THAT
BEFORE THEY TOOK THE JOB.
MR. BOLOGNA: OKAY. I MEAN JUST -- THERE'S REALLY
NOT A QUESTION HERE BUT TO DRIVE HOME THE POINT, I GUESS I'LL GO ON THE
BILL, MADAM SPEAKER. THANK YOU VERY MUCH, MR. PRETLOW.
IN 2019 OUR NEW YORK CITY CORRECTIONS OFFICER
NUMBER WAS AT -- WAS AT 9,600. IT IS NOW AT 4,800 WITH OUR
INCARCERATED INDIVIDUALS BEING CURRENTLY AT 7,500. THOSE -- THOSE ARE
KIND OF SCARY NUMBERS, AND I GUESS ONE DATE THAT I'LL REMEMBER IN MY
CAREER WAS OCTOBER 13, 2021. AND THAT WAS ACTUALLY THE DAY THAT I WAS
ABOUT TO TOUR WENDE CORRECTIONAL FACILITY WITH MY PREDECESSOR AND
BOSS AT THE TIME ASSEMBLYMAN MIKE NORRIS. THAT WAS A
TRANSFORMATIVE DAY FOR ME. I HAD NEVER BEEN IN A MAXIMUM SECURITY
PRISON. THAT WAS A -- IT WAS AN EXPERIENCE UNLIKE ANY OTHER. AND I
TRIED TO SEE IT FROM EVERYONE'S ANGLE, BOTH THE INCARCERATED INDIVIDUALS
AND THE COS AS WELL, BUT ONE OF THE THINGS THAT -- THAT TRULY STUCK OUT TO
ME WAS -- WAS IN FACT THE RATIOS. WALKING THROUGH THE HALLS AND
WALKING THROUGH SOME OF THE -- THE ROOMS, WHETHER IT WAS THE
133
NYS ASSEMBLY MAY 7, 2025
VOCATIONAL SERVICES, WHETHER IT WAS, YOU KNOW, THE -- THE YARD, THERE
WERE INFINITELY MORE INCARCERATED INDIVIDUALS THAN ACTUAL COS. AND,
YOU KNOW, AGAIN, YOU NEVER KNOW WHAT HAPPENS BUT I MYSELF DIDN'T
EXACTLY FEEL SAFE IN THERE. SO I COULDN'T IMAGINE WHAT IT FELT OR FEELS
LIKE FOR CORRECTIONS OFFICERS IN THOSE -- YOU KNOW, IN THOSE PRECARIOUS
SITUATIONS.
SO, AGAIN, I THINK THAT -- THAT WE'VE HEARD A LOT OF, YOU
KNOW, TALK ABOUT RESPECTING EVERYONE'S POINT OF VIEW AND I -- I THINK
THAT'S GOOD HERE, BUT I DO WANT TO MAKE SURE THAT WE ARE AFTER TALKING
WITH A NUMBER OF COS AND LISTENING TO SOME OF THEIR -- THEIR CONCERNS
AND, YOU KNOW, THE -- THE TIME AWAY FROM THEIR FAMILIES, THE HOURS THAT
THEY WORK AND THE CONDITIONS THAT THEY WORK UNDER, I JUST WANT TO MAKE
SURE THAT WE ARE MAINTAINING AN OPEN LINE OF COMMUNICATION WITH
THEM GOING FORWARD. SO THANK YOU VERY MUCH, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MR. LEMONDES.
MR. LEMONDES: THANK YOU, MADAM SPEAKER.
WILL THE CHAIR YIELD FOR SOME QUESTIONS?
ACTING SPEAKER HUNTER: WILL THE CHAIR
YIELD?
MR. PRETLOW: YES.
ACTING SPEAKER HUNTER: THE CHAIR YIELDS.
MR. LEMONDES: THANK YOU. MY OVERALL
COMMENTS ARE WITH RESPECT TO THE CLOSURE NOTIFICATION TIME PERIOD AND
CONTEXT THEREIN. I'M JUST WONDERING IF YOU HAVE EVER PERSONALLY CLOSED
134
NYS ASSEMBLY MAY 7, 2025
ANY LARGE FACILITIES IN YOUR CAREER?
MR. PRETLOW: HAVE I PERSONALLY CLOSED ANY LARGE
FACILITIES?
MR. LEMONDES: YES.
MR. PRETLOW: OTHER THAN MY APARTMENT DOOR, NO.
MR. LEMONDES: THE REASON I ASK THAT IS I BELIEVE
THAT WE HAVE A 90 -- WE HAVE A -- WE HAVE A 90 DAY NOTICE HERE. I'VE
CLOSED MANY FACILITIES IN MY CAREER. NINETY DAYS IS NOTHING. THIS
EXTREMELY DISRUPTIVE TO FAMILIES, TO THE CAREERS OF THE INDIVIDUALS
THEMSELVES, TO OUR WHOLE ENTIRE INFRASTRUCTURE. AND SO AS THE
REPRESENTATIVE OF THE AUBURN PRISON [SIC], WHICH OUR COMMUNITY
DEPENDS ON THAT -- ON THAT FACILITY. THAT FACILITY DOES -- DOES
EXCEPTIONAL WORK MAINTAINING OUR SECURITY INFRASTRUCTURE, BUT LIVING
UNDER THE THREAT OF CONSTANT CLOSURE, I THINK IS REALLY DETRIMENTAL TO OUR
WORKFORCE. AND THAT LEADS ME TO ASK THE QUESTION, DO YOU BELIEVE A
LEADER'S JOB IS TO INCITE FEAR OR CONFIDENCE IN THEIR PEOPLE, GROUP,
ORGANIZATION, FAMILY --
(INDISCERNIBLE/CROSS-TALK)
MR. PRETLOW: I WOULD SAY CONFIDENCE.
MR. LEMONDES: I WOULD AGREE WITH YOU, BUT THIS
POLICY BY ITSELF DOES JUST THE OPPOSITE IN A PERPETUAL STATE, WHICH I
THINK IS -- IS EXCEPTIONALLY DANGEROUS FOR MULTIPLE REASONS WHICH WE
DON'T HAVE TIME TO GO INTO. SO I -- I WOULD ASK THAT WE CONSIDER
CHANGING THIS TIME FRAME RIGHT NOW TODAY, TOMORROW FROM 90 DAYS TO
ONE YEAR AT A MINIMUM TO DO JUSTICE TO THE PEOPLES WHOSE LIVES ARE
135
NYS ASSEMBLY MAY 7, 2025
TORN APART, THROWN UPSIDE DOWN, KICKED TO THE CURB AND FORGOTTEN
ABOUT. AND THAT IMPACTS EVERYTHING. THAT IMPACTS SAFETY WITHIN THE
FACILITIES, THAT IMPACTS THE OFFICERS, IT IMPACTS THOSE THAT ARE SENTENCED,
IT IMPACTS EVERYBODY. SO I JUST WANT TO THAT LEAVE -- LEAVE THAT TOPIC
WITH THAT QUESTION ABOUT EXPANSION.
MADAM SPEAKER, ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. LEMONDES: THANK YOU.
WITH RESPECT TO THIS PARTICULAR BILL, I PERSONALLY WILL
NOT VOTE FOR IT FOR THE FOLLOWING REASONS: ITS LACK OF TRANSPARENCY, ITS
INJUSTICE TO OUR CO COMMUNITIES AND THEIR FAMILIES AND ITS
DESTABILIZING EFFECTS TO OUR OVERALL SECURITY INFRASTRUCTURE, ITS GENERAL
UNSUSTAINABILITY, $454 [SIC] BILLION IN A STATE WITH THE HIGHEST
OUT-MIGRATING POPULATION IN THE NATION. AND OH, BY THE WAY, IN CASE
ANYBODY'S CHECKED, WE HAVE BEEN RANKED DEAD LAST FOR THE 12TH
CONSECUTIVE YEAR IN ECONOMIC OUTLOOK. THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MR. BLUMENCRANZ.
MR. BLUMENCRANZ: THANK YOU, MADAM
SPEAKER.
TODAY I RISE NOT JUST AS A LEGISLATOR OR A MEMBER OF
THE SUBCOMMITTEE ON INTERNET AND NEW TECHNOLOGY --
ACTING SPEAKER HUNTER: ARE YOU ON THE BILL,
SIR?
MR. BLUMENCRANZ: SORRY, YES. ON THE BILL.
136
NYS ASSEMBLY MAY 7, 2025
NOT JUST AS A MEMBER OF THE SUBCOMMITTEE ON
INTERNET AND NEW TECHNOLOGY, BUT ALSO AS A REPRESENTATIVE OF MY
DISTRICT ON LONG ISLAND. AS SOMEONE WHO CARES ABOUT THE PLIGHT OF
FAMILIES, OF PARENTS, OF YOUNG PEOPLE WHO HAVE -- WHO EXPECT THEIR
GOVERNMENT TO PROTECT THEM FROM THE DARKEST THREATS THAT COME FROM
MODERN TECHNOLOGIES.
LAST SESSION I INTRODUCED A PIECE A LEGISLATION, THE
NEW YORK STATE AI CHILD SAFETY ACT TO FINALLY BRING JUSTICE INTO THE
21ST CENTURY TO CLOSE A DANGEROUS LOOPHOLE IN OUR STATE'S PENAL LAW
THAT ALLOW PREDATORS TO EXPLOIT INNOCENT VICTIMS THROUGH DEEP FAKE
PORNOGRAPHY AND WALK AWAY WITH A SLAP ON THE WRIST. TODAY I'M PROUD
TO SAY THAT THE FIGHT THAT I WAGE, THE ADVOCACY THAT I LEAD ALONGSIDE
DEDICATED ADVOCATES AND LEADERS HAS MADE ITS WAY INTO THIS YEAR'S STATE
BUDGET. WHILE I CANNOT IN GOOD CONSCIENCE SUPPORT EVERY PROVISION
WITHIN THE OMNIBUS BUDGET BILL, I WILL NOT SHY AWAY FROM PRAISING
WHEN WE GET IT RIGHT. THIS PROVISION, PART L IS A WIN FOR NEW YORKERS,
FOR NASSAU COUNTY AND FOR LONG ISLAND. IT'S A WIN FOR THE CHILDREN AND
FAMILIES WHO HAVE SUFFERED IN SILENCE. IT IS A WIN FOR LAW ENFORCEMENT
AND PROSECUTORS WHO FOR TOO LONG HAVE LACKED THE TOOLS THEY NEED TO
PROSECUTE DANGEROUS CRIMINALS. LET ME BE CLEAR. THIS IS A PERSONAL
VICTORY FOR ME AND FOR NASSAU COUNTY. THE VERSION I INTRODUCED WENT
EVEN FURTHER TO ENSURE THAT CRIMINALS LIKE PATRICK CAREY, A MAN WHO
USED DEEP FAKE PORNOGRAPHY TO TERRORIZE 11 YOUNG GIRLS AND WOMEN
FROM MACARTHUR HIGH SCHOOL JUST A FEW YEARS AGO IN LEVITTOWN WOULD
FACE SERIOUS CONSEQUENCES FOR THEIR DEPRAVED ACTIONS. THIS HEINOUS
137
NYS ASSEMBLY MAY 7, 2025
INDIVIDUAL USED ARTIFICIAL INTELLIGENCE TO CREATE VILE SEXUALLY EXPLICIT
CONTENT USING THE IMAGES AND FACES OF YOUNG GIRLS HE KNEW MANY OF
THEM STILL IN MIDDLE AND HIGH SCHOOL. HE USED THESE IMAGES AND
VIDEOS POSTING THEM ONLINE ON PORNOGRAPHIC WEBSITES INCLUDING THEIR
NAME, THEIR ADDRESSES, THEIR PHONE NUMBERS, THEIR PERSONAL
INFORMATION. HE ENCOURAGED OTHERS TO THREATEN THEM AND HE MADE
THEIR LIVES A LIVING NIGHTMARE. AND YET, UNDER THE OUTDATED LAWS THAT
EXIST IN OUR PENAL CODE HE WAS ONLY ABLE TO BE SENTENCED FOR SIX
MONTHS. SIX MONTHS! WHY? BECAUSE OUR LAW DID NOT CONSIDER THAT
DIGITAL MANIPULATION AND DEEP FAKES WOULD BE A REAL CRIME AS A
CRIMINAL CONDUCT UNLESS THE CHILD PORNOGRAPHY COULD BE PROVEN. THIS
WAS A LOOPHOLE. THIS WAS A FAILURE AND THIS IS WHAT HAD TO CHANGE IN
PART L. IT IS TIME -- IT IS TIME I'D LIKE TO THANK THE TIRELESS WORK OF
NASSAU COUNTY DISTRICT ATTORNEY ANNE DONNELLY FOR HER TIRELESS WORK
IN THIS HORROR STORY. A CASE THAT SICKENED EVERY PARENT ON LONG ISLAND.
DA DONNELLY NOT ONLY PURSUED THIS CASE WITH DETERMINATION, SHE ALSO
CALLED ON THIS LEGISLATURE TO ACT. SHE PROPOSED REAL SOLUTIONS AND
PROUD THAT WE ANSWERED THE CALL TODAY. TO THE VICTIMS, TO THE YOUNG
GIRLS, TO THOSE WHO WERE BRAVE ENOUGH TO COME FORWARD TO FACE THEIR
ABUSER TO TESTIFY IN COURT AND TO DEMAND JUSTICE, THIS CHANGE IN THIS LAW
IS FOR YOU. YOUR VOICES WERE NOT IN VAIN. YOU ARE HEARD NOT JUST IN
NASSAU COUNTY BUT IN YOUR STATEHOUSE TODAY. WE STILL HAVE MORE
WORK TO DO AND I BELIEVE THIS LAW SHOULD GO FURTHER, THAT OUR JUSTICE
SYSTEM MUST TREAT THIS CONDUCT NOT JUST AS A NEW FORM OF HARASSMENT
BUT AS A DIRECT ASSAULT ON CHILDREN. BUT I'M GRATEFUL TODAY THAT WE TOOK
138
NYS ASSEMBLY MAY 7, 2025
MEANINGFUL STEPS IN THE RIGHT DIRECTION, BECAUSE WHEN WE TALK ABOUT
PUBLIC SAFETY WE'RE NOT JUST TALKING ABOUT THE VIOLENCE ON THE STREETS
ANYMORE, WE'RE TALKING ABOUT HOW NEW TECHNOLOGIES LIKE DEEP FAKES
CAN BE WEAPONIZED, CAN BE USED AGAINST CHILDREN, AND IF WE FAIL TO ACT
TO IGNORE THESE NEW THREATS, THEN WE ARE NOT DOING OUR JOB. SO WHILE I
CANNOT VOTE FOR THIS ENTIRE BUDGET I STAND HERE TO SAY THIS: I AM PROUD
OF OUR ADVOCACY. I AM PROUD OF OUR ADVOCATES WHO FOUGHT HARD, AND
I'M HAPPY TO DELIVER JUSTICE TO THESE VICTIMS. I THANK DISTRICT ATTORNEY
ANNE DONNELLY FOR HER LEADERSHIP. AND I THANK THE BRAVE VICTIMS WHO
REFUSED TO BE SILENCED AND WORKED HARD TO MAKE SURE THIS COULD GET
DONE. AND I PROMISED THEM THIS: I WILL NOT STOP FIGHTING UNTIL THIS LAW
REFLECTS THE REALITIES IN OUR COMMUNITY.
THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER HUNTER: A PARTY VOTE HAS
BEEN REQUESTED.
MS. WALSH.
MS. WALSH: THANK YOU, MADAM SPEAKER. THE
REPUBLICAN CONFERENCE WILL GENERALLY BE IN THE NEGATIVE ON THIS PIECE
OF LEGISLATION, BUT SHOULD MEMBERS WISH TO VOTE YES THEY CAN CERTAINLY
DO SO AT THEIR SEATS NOW. THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
MRS. PEOPLES-STOKES.
139
NYS ASSEMBLY MAY 7, 2025
MRS. PEOPLES-STOKES: THANK YOU, MADAM
SPEAKER. THE MAJORITY CONFERENCE IS GENERALLY GONNA BE IN FAVOR OF
THIS BILL; HOWEVER, THERE MAY BE A FEW THAT WOULD DESIRE TO BE AN
EXCEPTION, THEY SHOULD FEEL FREE DO SO AT THEIR SEATS.
ACTING SPEAKER HUNTER: THANK YOU.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. LAVINE TO EXPLAIN HIS VOTE,
MR. LAVINE: THANKS MUCH, MADAM SPEAKER.
I JUST WANT TO CLARIFY SOMETHING. THERE'S BEEN A BIT OF
CONFUSION WITH RESPECT TO THE NUMBER OF JUDGES THAT WE ARE GOING TO
PROVIDE FOR IN THIS BUDGET. AND YES, THERE ARE TEN JUDGES FOR NEW
YORK CITY WHERE WE STILL FACE THE HEAVIEST OF BACKLOGS. HOWEVER, IT'S
NOT AS IF THERE AREN'T OTHER JUDGES FOR OTHER PARTS OF NEW YORK STATE,
BECAUSE WE WILL NOW BE PROVIDING FOR FIVE ADDITIONAL COURT OF CLAIMS
JUDGES WHO CAN SERVE ANYWHERE IN THE STATE OF NEW YORK AND THEY CAN
ALSO SERVE AS ACTING SUPREME COURT JUSTICES, JUDGES RATHER, ANYWHERE
IN THE STATE OF NEW YORK TO HELP ALLEVIATE OVERCROWDING AND BACKLOG
BURDENS THROUGHOUT THE STATE.
SO, WITH THAT BEING SAID, AND I'M SURE WE ALL RECOGNIZE
THE AND REALIZE THAT, BUT I'M GOING TO BE VOTING IN THE AFFIRMATIVE AND I
APPRECIATE THE OPPORTUNITY TO ADDRESS THAT PARTICULAR ISSUE. THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU. MR.
LAVINE IN THE AFFIRMATIVE.
MR. MAHER TO EXPLAIN HIS VOTE.
140
NYS ASSEMBLY MAY 7, 2025
MR. MAHER: I RISE TO EXPLAIN MY VOTE.
I REALLY WAS ENCOURAGED HONESTLY FROM MY COLLEAGUES
ACROSS THE AISLE THAT AGREED WITH SOME OF THE ITEMS THAT WERE BROUGHT
UP IN MY DEBATE AND THE QUESTIONS THAT I ASKED, ESPECIALLY WHEN IT
COMES TO SHOWING GENUINE AND REAL EMOTION ABOUT MAKING SURE THAT
WE'RE HITTING ON ALL SIDES OF THE ISSUES SPECIFICALLY WHEN IT COMES TO
OUR PRISONS. FOR MY TWO YEARS AND THREE YEARS NOW HEADING IN HERE I
CAN SAY FROM MY PERSPECTIVE THAT THIS HAS BEEN ONE-SIDED. WHEN IT
COMES TO MAKING A CORRECTION AND HAVING THE PENDULUM SWING IN A --
IN A DIFFERENT DIRECTION, YES, I BELIEVE THERE ARE PLENTY OF FOLKS THAT CAN
MAKE AN ARGUMENT AND I CAN MAKE ONE AS WELL THAT SAYS WE NEEDED TO
MAKE SOME CHANGES, BUT I THINK THAT PENDULUM HAS SWUNG WAY TOO FAR
TO POINT WHERE IT HAS IMPACTED OUR PRISON SYSTEMS AND EVERYONE
INVOLVED; CORRECTIONS OFFICERS, CIVILIAN STAFF AND THOSE THAT ARE
INCARCERATED IN A NEGATIVE WAY. SO WHILE I VOTE NO ON THIS BUDGET BILL I
AM GOING TO HOLD ON TO THE HOPE IN THOSE CONVERSATIONS AND IN THE
STATEMENTS THAT WERE MADE THAT WE CAN TACKLE THIS ISSUE TOGETHER IN A
BIPARTISAN WAY THAT REALLY DOES SERVE EVERYONE. I VOTE IN THE NEGATIVE.
THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: MR. MAHER IN THE
NEGATIVE.
MR. DILAN TO EXPLAIN HIS VOTE.
MR. DILAN: MADAM SPEAKER, I DIDN'T INTEND TO DO
THIS AGAIN, BUT THERE ARE PARTS THAT I DIDN'T SPEAK ON EARLIER, AND THERE'S
ANOTHER ASPECT OF THIS BILL THAT I WISH WERE NOT DOING TODAY AND THAT IS
141
NYS ASSEMBLY MAY 7, 2025
THE ALLOWING FOR THE PEOPLE OUTSIDE OF THE STATE OF NEW YORK TO
BECOME A CORRECTION OFFICER IN THE FIRST PLACE. I THINK IT'S INCUMBENT
UPON US TO DO A BETTER JOB RECRUITING WITHIN THE STATE OF NEW YORK, BUT
GIVEN WHERE WE ARE I'M GOING TO SUPPORT THIS, BUT WHEN I SAY
HOLISTICALLY I ALSO MEAN IN THE WORKFORCE, TOO. I WOULD LOVE TO SEE
MORE DIVERSITY AMONGST THE RANKS OF A NEW YORK STATE CORRECTION
OFFICER. I THINK WE NEED TO DO A BETTER JOB RECRUITING, PARTICULARLY IN
THE AREAS UPSTATE AND COMMUNITIES OF COLOR. YOU KNOW, WE -- WE --
WE HAD AND STILL HAVE AN OPPORTUNITY TO DO THAT, AND WHILE THERE'S NO
FUNDS IN THIS BUDGET FOR THAT, I WISH THERE WERE, IT'S SOMETHING THAT I
THINK WE -- WE -- WE -- WE NEED TO TAKE A LOOK AT. NOW WHEN I SAID
EARLIER HOLISTICALLY, YOU KNOW, I -- I MEANT THAT YES, WE DO
ACKNOWLEDGE THAT THERE ARE WORKFORCE PROBLEMS, BUT WE ALSO HAVE TO
ACKNOWLEDGE THAT THERE ARE STILL PROBLEMS REMAINING IN REGARDS TO THE
HUMANE TREATMENT OF INCARCERATED INDIVIDUALS AND IT WOULD BE GREAT TO
HEAR BOTH SIDES OF THE AISLE TALK ABOUT THAT BECAUSE WHAT WE ALSO WE
KNOW IS UNFAIR. SO IF THERE'S AN OPPORTUNITY TO DO THAT IN A REAL HUMAN
WAY, I LOOK FORWARD TO WORKING ANYONE AND EVERYONE, BUT I MEAN IF
WE'RE GOING TO DO THE BIPARTISAN POLITICS, THEN IT FORCES ME AS A
DEMOCRAT TO PUT MY GUARD UP AND -- AND PLAY FOR MY TEAM, BECAUSE AT
THE END OF THE DAY THAT -- THAT -- THAT'S WHAT I AM, BUT I THINK A FAIR,
UNBIASED POLICY WILL KEEP THE ENTIRE SYSTEM SAFE AND KEEP EVERYONE IN
IT SAFE.
THANK YOU, MADAM SPEAKER. I VOTE YES.
ACTING SPEAKER HUNTER: THANK YOU. MR.
142
NYS ASSEMBLY MAY 7, 2025
DILAN IN THE AFFIRMATIVE.
MS. WALSH TO EXPLAIN THE VOTE.
MS. WALSH: THANK YOU, MADAM SPEAKER.
SO UNFORTUNATELY I WASN'T ABLE TO REALLY TALK ABOUT THIS
WHEN I WENT ON THE BILL EARLIER JUST BECAUSE OF A FEW THINGS, SO I
WANTED TO JUST MENTION HOW REALLY DUMB I THINK THE GOVERNOR'S IDEA IS
TO ALLOW 18- TO 21-YEAR-OLDS TO COME AND WORK IN THESE CORRECTIONAL
FACILITIES.
YOU KNOW, MY DAD WAS 19 YEARS OLD WHEN HE FOUGHT
IN WORLD WAR II AS A -- AS A NAVY SEAMAN, AND, YOU KNOW, I THINK THAT
THAT GREATEST GENERATION IS ONE THING, BUT AS A PARENT OF SIX KIDS
INCLUDING AN 18-YEAR-OLD AND A 20-YEAR-OLD AND A FEW OLDER, A LITTLE BIT
OLDER THAN THAT, AND I DON'T MEAN TO -- I'M NOT TRYING AT ALL TO THROW
SHADE ON THAT WHOLE GENERATION, BUT IN TERMS OF LEVELS OF MATURITY, I --
IT'S JUST -- IT'S -- IT'S -- IT'S -- IT'S NOT -- IT'S NOT THERE, IT'S JUST NOT THERE.
THAT'S KIND OF WHY WE'RE DOING THE WHOLE CELL PHONE BAN, I THINK, IN
SCHOOLS IS THAT WE HAVE AN UNDERSTANDING THAT -- THAT IT'S NOT THERE. THE
LEVEL OF MATURITY IS NOT THERE AND LET'S FACE IT. BEING A CORRECTIONS
OFFICER, PARTICULARLY TODAY, IS AN ABSOLUTELY MISERABLE JOB. I -- I -- THAT
-- AND -- AND THAT'S WHY WE DON'T HAVE ANYBODY GOING INTO THIS FIELD
AND WE DON'T TREAT THEM WITH THE KIND OF RESPECT AND THE BENEFITS AND
UNDERSTANDING THAT THEY DESERVE. AND FRANKLY, IF YOU LOOK AT OUR LAW
ENFORCEMENT, THAT'S WHY THE CITY OF ALBANY IS DOWN I DON'T KNOW HOW
MANY POLICE OFFICERS. WE CAN'T GET PEOPLE TO BE POLICE OFFICERS EITHER
ANYMORE. SO I JUST -- I JUST WANTED TO GO ON THE RECORD SAYING THAT I'VE
143
NYS ASSEMBLY MAY 7, 2025
HEARD MUCH BETTER IDEAS THAN THIS ONE AND IT'S JUST ONE OF SEVERAL
REASONS WHY I WON'T BE SUPPORTING THIS BILL.
THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU. MS.
WALSH IN THE NEGATIVE.
MS. CLARK TO EXPLAIN HER VOTE.
MS. CLARK: THANK YOU, MADAM SPEAKER.
ONE SMALL PART OF THIS BUDGET BILL THAT WAS NOT REALLY
DISCUSSED TODAY BUT I AM VERY, VERY PROUD OF HAS TO DO WITH THE WAY
WE SUPPORT DOMESTIC VIOLENCE VICTIMS. RIGHT NOW WHEN YOU ARE TRYING
TO LEAVE A -- A RELATIONSHIP WHERE THERE MAY BE SOME ABUSE HAPPENING,
THERE ARE A LOT OF BARRIERS, A LOT OF FINANCIAL BARRIERS THAT MAKE IT HARD TO
MAKE THAT DECISION. AS WE TRY TO SUPPORT THOSE SURVIVORS AND ENSURE
THAT THEY GET PUBLIC BENEFITS WHEN THEY QUALIFY, THERE IS THIS PROCESS BY
WHICH THEY HAVE TO PROVE THAT THEY ARE VICTIMS IN A DOMESTIC VIOLENCE
CASE. THIS OFTEN PUTS THEM IN MORE DANGER BECAUSE IT REQUIRES
DOCUMENTATION OR SOME SORT OF NOTICE TO WHAT COULD POTENTIALLY BE
THEIR ABUSER, SO WHAT WE ARE CHANGING HERE, WHICH IS A PIECE OF
LEGISLATION I HAVE CHAMPIONED FOR A LONG TIME IS TO ALLOW FOR
SELF-ATTESTATION TO ALLOW PEOPLE TO HAVE A MUCH EASIER ROAD TO SECURING
THE BENEFITS THEY NEED TO ECONOMICALLY TAKE CARE OF THEMSELVES AND
THEIR BASIC NEEDS WHILE THEY ESCAPE WHAT IS OFTEN A VERY HORRIBLE
SITUATION. SO I'M VERY PROUD TO HAVE THAT BE PART OF THIS BUDGE BILL AND
VERY PROUD TO VOTE IN THE AFFIRMATIVE. THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU. MS.
144
NYS ASSEMBLY MAY 7, 2025
CLARK IN THE AFFIRMATIVE.
MR. MANKTELOW TO EXPLAIN HIS VOTE.
MR. MANKTELOW: THANK YOU, MADAM SPEAKER.
AS I LISTENED TODAY ABOUT THE CORRECTIONS OFFICERS I
WANT TO PUT THIS IN A DIFFERENT PERSPECTIVE. AS MUCH LIKE US AS PARENTS,
WE HAVE CHILDREN THAT WE RAISE AND BRING FORWARD; SOME ARE REALLY
GOOD AND SOME ARE REALLY BAD, BUT THE ONE THING WE ALL HAVE IN
COMMON IS WE LOVE EACH AND EVERY ONE OF THOSE CHILDREN. MUCH LIKE
OUR CORRECTIONS OFFICERS THAT DO THIS EVERY SINGLE DAY GOING INTO A PLACE
THAT'S NOT VERY NICE HAVING GONE THROUGH SEVERAL OF THEM, GIVING THEM
THE ABILITY TO DO THEIR JOB, SHOWING THEM THAT WE DO CARE ABOUT THEM
FROM THE STATE SIDE. THEY'VE TOLD US WHAT'S BEEN GOING WRONG. WE
HAVE NOT ADDRESSED THAT AS A LEGISLATURE. WE CONTINUE TO FIGHT FOR
THEM AND SUPPORT THEM. AND BY DOING SO, WE CAN KEEP THESE
CORRECTIONS OFFICERS, AND IF WE ARE GOING TO BRING IN 18- TO 21-YEAR-OLD
YOUNG PEOPLE INTO THE CORRECTIONS OFFICERS' FIELD, MUCH LIKE MY MILITARY
SERVICE, WHEN I CAME IN, THE SERGEANTS AND THE NCOS THAT HAD BEEN
THERE SO LONG TAUGHT ME SO MUCH. IF WE CAN'T RETAIN OUR VITAL
CORRECTIONS OFFICERS WITH THE EXPERIENCE THAT THEY'VE HAD, THIS IS A TRAIN
WRECK WAITING TO HAPPEN. I WAS VERY DISAPPOINTED THAT WE'RE NOT DOING
ANYTHING TO HELP OUR CORRECTIONS OFFICERS IN THIS PIECE OF THE BUDGET. I
HOPE TO SEE MORE DOWN THE LINE, BUT FOR THAT REASON I CANNOT SUPPORT IT.
SO THANK YOU, MADAM SPEAKER, FOR ALLOWING ME TO
SAY SOMETHING.
ACTING SPEAKER HUNTER: THANK YOU. MR.
145
NYS ASSEMBLY MAY 7, 2025
MANKTELOW IN THE NEGATIVE.
MS. PHEFFER AMATO TO EXPLAIN HER VOTE.
MS. PHEFFER AMATO: THANK YOU, MADAM
SPEAKER, FOR THE OPPORTUNITY TO EXPLAIN MY VOTE.
I'M VERY PROUD OF THIS PIECE OF THE BUDGET FOR THE 20
YEAR PENSION FOR THE NEW YORK CITY POLICE OFFICERS. PUBLIC SAFETY IS
THE NUMBER ONE ISSUE AMONGST OUR COMMUNITIES AND INCREASING THAT
LEVEL TO HELP THE RECRUITMENT RETENTION OF THOSE OFFICERS TO GIVE THEM
SUPPORT TO KNOW THAT WE HAVE THEIR BACK I'M VERY PROUD OF THIS BUDGET.
AND ON A PERSONAL NOTE, I JUST HAVE TO SAY OUT LOUD, I'M NOT SURE WHAT
WE'RE ALL SCARED OF OF 18-YEAR-OLDS. EIGHTEEN-YEAR-OLDS CAN GET INTO A
CIVIL SERVANT CAREER, PENSION BENEFITS AND BE IN THE RIGHT PLACE EVEN IF
IT'S IN THE CORRECTIONAL FACILITIES STARTING WORK AND HAVE RESPONSIBILITY.
WE SHOULDN'T FEAR OUR 18-YEAR-OLDS.
THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU. MS.
PHEFFER AMATO IN THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULT.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MADAM SPEAKER, IF WE
COULD NOW GO TO PAGE 12 OF OUR CALENDAR AND TAKE UP RULES REPORT
NO. 181.
ACTING SPEAKER HUNTER: THANK YOU. PAGE
146
NYS ASSEMBLY MAY 7, 2025
12, RULES REPORT NO. 181, THE CLERK WILL READ.
THE CLERK: ASSEMBLY A03008-C, RULES REPORT
NO. 181, BUDGET BILL. AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION
TO THE WATERFRONT COMMISSION ACT (PART A); TO AMEND PART I OF
CHAPTER 413 OF THE LAWS OF 1999 RELATING TO PROVIDING FOR MASS
TRANSPORTATION PAYMENTS, IN RELATION TO THE AMOUNT OF PAYMENTS IN THE
CENTRAL NEW YORK REGIONAL TRANSPORTATION DISTRICT AND ADDING
CORTLAND COUNTY TO SUCH DISTRICT (PART B); TO AMEND THE VEHICLE AND
TRAFFIC LAW, IN RELATION TO EXTENDING PROVISIONS RELATED TO A PILOT
PROGRAM REGARDING AN INTERNET-BASED PRE-LICENSING COURSE; AND TO
AMEND CHAPTER 368 OF THE LAWS OF 2019 AMENDING THE
VEHICLE AND TRAFFIC LAW AND STATE FINANCE LAW RELATING TO
ESTABLISHING A PRE-LICENSING COURSE INTERNET PROGRAM, IN RELATION TO
EXTENDING THE EFFECTIVENESS THEREOF (PART C); TO AMEND THE VEHICLE AND
TRAFFIC LAW, IN RELATION TO ABANDONED VEHICLES (PART D); INTENTIONALLY
OMITTED (PART E); INTENTIONALLY OMITTED (PART F); INTENTIONALLY OMITTED
(PART G); INTENTIONALLY OMITTED (PART H); TO AMEND PART PP OF CHAPTER
54 OF THE LAWS OF 2016, AMENDING THE PUBLIC AUTHORITIES LAW AND THE
GENERAL MUNICIPAL LAW RELATING TO THE NEW YORK TRANSIT AUTHORITY
AND THE METROPOLITAN TRANSPORTATION AUTHORITY, IN RELATION TO
EXTENDING PROVISIONS OF LAW RELATING TO CERTAIN TAX INCREMENT
FINANCING PROVISIONS (PART I); TO AMEND CHAPTER 929 OF THE LAWS OF
1986 AMENDING THE TAX LAW AND OTHER LAWS RELATING TO THE
METROPOLITAN TRANSPORTATION AUTHORITY, IN RELATION TO EXTENDING CERTAIN
PROVISIONS THEREOF APPLICABLE TO THE RESOLUTION OF LABOR DISPUTES (PART
147
NYS ASSEMBLY MAY 7, 2025
J); TO AMEND THE PUBLIC AUTHORITIES LAW, IN RELATION TO ACQUISITIONS OR
TRANSFERS OF PROPERTY FOR CERTAIN TRANSIT PROJECTS; AND TO AMEND PART
VVV OF CHAPTER 58 OF THE LAWS OF 2020 AMENDING THE PUBLIC
AUTHORITIES LAW RELATING TO ACQUISITIONS OR TRANSFERS OF PROPERTY FOR
TRANSIT PROJECTS, IN RELATION TO THE EFFECTIVENESS THEREOF (PART K); TO
AMEND PART UUU OF CHAPTER 58 OF THE LAWS OF 2020 AMENDING THE
STATE FINANCE LAW RELATING TO PROVIDING FUNDING FOR THE METROPOLITAN
TRANSPORTATION AUTHORITY 2020-2024 CAPITAL PROGRAM AND PARATRANSIT
OPERATING EXPENSES, IN RELATION TO FUNDING FOR NET PARATRANSIT OPERATING
EXPENSES AND IN RELATION TO THE EFFECTIVENESS THEREOF (PART L); TO AMEND
THE STATE FINANCE LAW, IN RELATION TO PROVIDING FUNDING FOR THE
METROPOLITAN TRANSPORTATION AUTHORITY 2025-2029 CAPITAL PROGRAM
(PART M); TO AMEND THE VEHICLE AND TRAFFIC LAW, THE GENERAL
MUNICIPAL LAW AND CHAPTER 773OF THE LAWS OF 2021, AMENDING THE
VEHICLE AND TRAFFIC LAW AND THE PUBLIC OFFICERS LAW RELATING TO
ESTABLISHING A DEMONSTRATION PROGRAM ON INTERSTATE ROUTE 278 IN KINGS
COUNTY TO ENFORCE VEHICLE WEIGHT RESTRICTION ON SUCH INTERSTATE BY
MEANS OF MOBILE OR STATIONARY WEIGH IN MOTION SYSTEMS, IN RELATION TO
ESTABLISHING A DEMONSTRATION PROGRAM ON CERTAIN COVERED LOCATIONS TO
ENFORCE VEHICLE WEIGHT RESTRICTION ON SUCH INTERSTATE BY MEANS OF
MOBILE OR STATIONARY WEIGH IN MOTION SYSTEMS; TO AMEND CHAPTER 773
OF THE LAWS OF 2021, AMENDING THE VEHICLE AND TRAFFIC LAW AND THE
PUBLIC OFFICERS LAW RELATING TO ESTABLISHING A DEMONSTRATION PROGRAM
ON INTERSTATE ROUTE 278 IN KINGS COUNTY TO ENFORCE VEHICLE WEIGHT
RESTRICTION ON SUCH INTERSTATE BY MEANS OF MOBILE OR STATIONARY WEIGH
148
NYS ASSEMBLY MAY 7, 2025
IN MOTION SYSTEMS, IN RELATION TO THE EFFECTIVENESS THEREOF; AND TO
REPEAL CERTAIN PROVISIONS OF CHAPTER 773 OF THE LAWS OF 2021,
AMENDING THE VEHICLE AND TRAFFIC LAW AND THE PUBLIC OFFICERS LAW
RELATING TO ESTABLISHING A DEMONSTRATION PROGRAM ON INTERSTATE ROUTE
278 IN KINGS COUNTY TO ENFORCE VEHICLE WEIGHT RESTRICTION ON SUCH
INTERSTATE BY MEANS OF MOBILE OR STATIONARY WEIGH IN MOTION SYSTEMS,
RELATING THERETO (PART N); INTENTIONALLY OMITTED (PART O); INTENTIONALLY
OMITTED (PART P); TO AMEND THE VEHICLE AND TRAFFIC LAW, IN RELATION TO
THE SPEED VIOLATION PHOTO MONITORING SYSTEMS PROGRAM IN WORK ZONES
INCLUDING AUTHORIZING A PHOTO MONITORING PROGRAM FOR THE TRIBOROUGH
BRIDGE AND TUNNEL AUTHORITY AND NEW YORK STATE BRIDGE AUTHORITY;
AND TO AMEND CHAPTER 421 OF THE LAWS OF 2021 AMENDING THE VEHICLE
AND TRAFFIC LAW AND THE GENERAL MUNICIPAL LAW RELATING TO CERTAIN
NOTICES OF LIABILITY, IN RELATION TO EXTENDING SUCH PROVISIONS (PART Q);
INTENTIONALLY OMITTED (PART R); TO AMEND CHAPTER 495 OF THE LAWS OF
2004, AMENDING THE INSURANCE LAW AND THE PUBLIC HEALTH LAW RELATING
TO THE NEW YORK STATE HEALTH INSURANCE CONTINUATION ASSISTANCE
DEMONSTRATION PROJECT, IN RELATION TO THE EFFECTIVENESS THEREOF (PART S);
TO AMEND THE PUBLIC AUTHORITIES LAW, IN RELATION TO AUTHORIZING THE
OLYMPIC REGIONAL DEVELOPMENT AUTHORITY TO ENTER INTO AGREEMENTS
FOR MEMBERSHIP OF ONE OR MORE OF ITS SKI VENUES IN RECIPROCAL SKI PASS
PROGRAMS WHERE SUCH MEMBERS ARE REQUIRED TO GUARANTEE CONTRACTUAL
INDEMNITY UP TO A CAPPED AMOUNT (PART T); TO AMEND THE GENERAL
BUSINESS LAW, IN RELATION TO ARTIFICIAL INTELLIGENCE COMPANION MODELS;
AND TO AMEND THE STATE FINANCE LAW, IN RELATION TO ESTABLISHING A
149
NYS ASSEMBLY MAY 7, 2025
SUICIDE PREVENTION FUND (PART U); TO AMEND THE GENERAL BUSINESS LAW,
IN RELATION TO REFUND POLICIES (PART V); TO AMEND THE GENERAL BUSINESS
LAW, IN RELATION TO AUTOMATIC RENEWALS (PART W); TO AMEND THE GENERAL
BUSINESS LAW, IN RELATION TO REQUIRING DISCLOSURE OF ALGORITHMICALLY SET
PRICES (PART X); TO AMEND THE BANKING LAW, IN RELATION TO THE
REGULATION OF BUY-NOW-PAY-LATER LENDERS (PART Y); TO AMEND THE
INSURANCE LAW, IN RELATION TO REPORTING REQUIREMENTS FOR PHARMACY
BENEFIT MANAGERS (PART Z); INTENTIONALLY OMITTED (PART AA);
INTENTIONALLY OMITTED (PART BB); TO AMEND THE INSURANCE LAW, IN
RELATION TO FOR HIRE MOTOR VEHICLE INSURANCE RATES (PART CC);
INTENTIONALLY OMITTED (PART DD); TO AMEND THE NEW YORK STATE URBAN
DEVELOPMENT CORPORATION ACT, IN RELATION TO EXTENDING THE AUTHORITY
OF THE NEW YORK STATE URBAN DEVELOPMENT CORPORATION TO ADMINISTER
THE EMPIRE STATE ECONOMIC DEVELOPMENT FUND (PART EE); TO AMEND
CHAPTER 393 OF THE LAWS OF 1994, AMENDING THE NEW YORK STATE
URBAN DEVELOPMENT CORPORATION ACT, RELATING TO THE POWERS OF THE
NEW YORK STATE URBAN DEVELOPMENT CORPORATION TO MAKE LOANS, IN
RELATION TO EXTENDING LOAN POWERS (PART FF); TO AMEND PART BB OF
CHAPTER 58 OF THE LAWS OF 2012, AMENDING THE PUBLIC AUTHORITIES
LAW, RELATING TO AUTHORIZING THE DORMITORY AUTHORITY TO ENTER INTO
CERTAIN DESIGN AND CONSTRUCTION MANAGEMENT AGREEMENTS, IN RELATION TO
THE EFFECTIVENESS THEREOF (PART GG); INTENTIONALLY OMITTED (PART HH);
INTENTIONALLY OMITTED (PART II); INTENTIONALLY OMITTED (PART JJ); TO
AMEND CHAPTER 261 OF THE LAWS OF 1988, AMENDING THE STATE FINANCE
LAW AND OTHER LAWS RELATING TO THE NEW YORK STATE INFRASTRUCTURE
150
NYS ASSEMBLY MAY 7, 2025
TRUST FUND, IN RELATION TO THE EFFECTIVENESS THEREOF; AND TO AMEND THE
EXECUTIVE LAW, IN RELATION TO A POLICY STUDY REGARDING WAYS TO
IMPROVE THE EFFECTIVENESS OF THE MINORITY AND WOMEN-OWNED
BUSINESS ENTERPRISE PROGRAM (PART KK); TO AMEND THE STATE FINANCE
LAW, IN RELATION TO THE EXCELSIOR LINKED DEPOSIT PROGRAM (PART LL); TO
AMEND THE STATE FINANCE LAW AND THE PUBLIC AUTHORITIES LAW, IN
RELATION TO PURCHASING THRESHOLDS (PART MM); TO AMEND THE INSURANCE
LAW, THE PUBLIC AUTHORITIES LAW AND THE TAX LAW, IN RELATION TO
AUTHORIZING THE NEW YORK CONVENTION CENTER OPERATING CORPORATION
TO CREATE A PURE CAPTIVE INSURANCE COMPANY (PART NN); INTENTIONALLY
OMITTED (PART OO); TO AMEND THE ENVIRONMENTAL CONSERVATION LAW, IN
RELATION TO EXTENDING THE WASTE TIRE MANAGEMENT FEE FOR TWO YEARS AND
REMOVING THE EXCLUSION FOR MAIL ORDER SALES (PART PP); TO AMEND PART
ZZ OF CHAPTER 55 OF THE LAWS OF 2021 AMENDING THE ENVIRONMENTAL
CONSERVATION LAW RELATING TO ESTABLISHING A DEER HUNTING PILOT
PROGRAM, IN RELATION TO EXTENDING PROVISIONS OF THE YOUTH DEER
HUNTING PROGRAM (PART QQ); TO AMEND THE ENVIRONMENTAL
CONSERVATION LAW, THE STATE FINANCE LAW AND THE PUBLIC AUTHORITIES
LAW, IN RELATION TO THE INACTIVE HAZARDOUS WASTE DISPOSAL SITE
PROGRAM (PART RR); TO AMEND THE GENERAL BUSINESS LAW, IN RELATION TO
THE RECALL OF CLASS B FIREFIGHTING FOAM AND PROHIBITING THE SALE OR
DISTRIBUTION OF FIREFIGHTING PERSONAL PROTECTIVE EQUIPMENT THAT CONTAINS
INTENTIONALLY ADDED PFAS (PART SS); TO AMEND THE TAX LAW, IN RELATION
TO EXEMPTIONS FOR ANY NOT-FOR-PROFIT TAX EXEMPT CORPORATION OPERATED
FOR CONSERVATION, ENVIRONMENTAL, PARKS OR HISTORIC PRESERVATION
151
NYS ASSEMBLY MAY 7, 2025
PURPOSES (PART TT); INTENTIONALLY OMITTED (PART UU); IN RELATION TO
AUTHORIZING THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT
AUTHORITY TO FINANCE A PORTION OF ITS RESEARCH, DEVELOPMENT AND
DEMONSTRATION, POLICY AND PLANNING, AND FUEL NY PROGRAM, AS WELL AS
CLIMATE CHANGE RELATED EXPENSES OF THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION FROM AN ASSESSMENT ON GAS AND ELECTRIC CORPORATIONS
(PART VV); INTENTIONALLY OMITTED (PART WW); TO AUTHORIZE UTILITY AND
CABLE TELEVISION ASSESSMENTS THAT PROVIDE FUNDS TO THE DEPARTMENT OF
HEALTH FROM CABLE TELEVISION ASSESSMENT REVENUES AND TO THE
DEPARTMENT OF AGRICULTURE AND MARKETS, DEPARTMENT OF STATE, THE
OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION, AND THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION FROM UTILITY ASSESSMENT
REVENUES; REQUIRES ACCOUNTINGS BE SUBMITTED OF SUCH FUNDS; AND
PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION THEREOF
(PART XX); TO AMEND THE GENERAL BUSINESS LAW AND THE STATE FINANCE
LAW, IN RELATION TO INCREASING AND REDIRECTING CIVIL PENALTIES FOR FAILING
TO COMPLY WITH THE DEPARTMENT OF PUBLIC SERVICE'S PRESCRIBED RULES
AND REGULATIONS ESTABLISHED FOR THE PROTECTION OF UNDERGROUND
FACILITIES; AND TO AMEND CHAPTER 522 OF THE LAWS OF 2000, AMENDING
THE STATE FINANCE LAW AND THE GENERAL BUSINESS LAW RELATING TO
ESTABLISHING THE UNDERGROUND FACILITIES SAFETY TRAINING ACCOUNT, IN
RELATION TO THE EFFECTIVENESS THEREOF (PART YY); TO AMEND THE TAX LAW,
IN RELATION TO AUTHORIZING THE DEPARTMENT OF TAXATION AND FINANCE TO
DISCLOSE CERTAIN INFORMATION TO THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION OR THE NEW YORK STATE ENERGY RESEARCH AND
152
NYS ASSEMBLY MAY 7, 2025
DEVELOPMENT AUTHORITY FOR THE PURPOSE OF IMPLEMENTING THE NEW
YORK STATE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT (PART
ZZ); INTENTIONALLY OMITTED (PART AAA); IN RELATION TO ESTABLISHING A
COMMISSION TO ENSURE THE REPLACEMENT OF THE STATUE OF ROBERT R.
LIVINGSTON IN THE NATIONAL STATUARY HALL OF THE UNITED STATES CAPITOL
WITH A STATUE OF HARRIET TUBMAN (PART BBB); TO AMEND THE
ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO EXTENDING CERTAIN
REBATES FOR CLEAN VEHICLE PROJECTS (PART CCC); TO AMEND THE CANNABIS
LAW, IN RELATION TO APPOINTMENTS TO THE CANNABIS CONTROL BOARD AND
AGREEMENTS OF SUCH BOARD WITH THE NEW YORK STATE INDIAN NATIONS AND
TRIBES (PART DDD); AND TO AMEND THE CANNABIS LAW, IN RELATION TO A
SPECIAL LICENSE FEE; TO AMEND THE STATE FINANCE LAW, IN RELATION TO
MAKING A CONFORMING TECHNICAL CHANGE; AND PROVIDING FOR THE REPEAL OF
CERTAIN PROVISIONS UPON THE EXPIRATION THEREOF (PART EEE).
ACTING SPEAKER HUNTER: ON A MOTION BY MR.
PRETLOW, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. GOVERNOR'S MESSAGE IS AT THE DESK.
THE CLERK WILL READ.
THE CLERK: I HEREBY CERTIFY TO AN IMMEDIATE VOTE,
KATHY HOCHUL, GOVERNOR.
ACTING SPEAKER HUNTER: AN EXPLANATION HAS
BEEN REQUESTED.
MR. PRETLOW.
MR. PRETLOW: YES. THIS BILL WOULD ENACT INTO --
INTO LAW MAJOR COMPONENTS OF LEGISLATION THAT IS NECESSARY FOR THE
153
NYS ASSEMBLY MAY 7, 2025
IMPLEMENTATION OF STATE FISCAL YEAR 2025-'26 BUDGET AS IT PERTAINS TO
THE TRANSPORTATION ENVIRONMENT AND ECONOMIC DEVELOPMENT BUDGETS.
ACTING SPEAKER HUNTER: MR. RA.
MR. RA: THANK YOU, MR. [SIC] SPEAKER. WILL CHAIR
PRETLOW YIELD?
ACTING SPEAKER HUNTER: WILL THE CHAIR
YIELD?
MR. PRETLOW: YES, I WILL.
ACTING SPEAKER HUNTER: THE CHAIR YIELDS.
MR. RA: THANK YOU.
SO, THIS ONE AS WE KNOW HAS -- GOES THROUGH A -- A
NUMBER OF DIFFERENT AREAS SO IF YOU WILL BEAR WITH ME AS I TRY TO GO
THROUGH A NUMBER OF THEM. AND I WANT TO START WITH -- THERE ARE SOME
CHANGES THAT WE ARE MAKING WITH REGARD TO THE CANNIBIS CONTROL BOARD
AND CLASSIFYING THE CHAIRPERSON OF THE CANNIBIS CONTROL BOARD AS A
PUBLIC -- OR I WOULD SAY DECLASSIFYING THE CHAIR AS -- AS A PUBLIC OFFICER.
WHAT IS THE REASON FOR THAT CHANGE?
MR. PRETLOW: THE EXECUTIVE FEELS THAT AS A
MEMBER OF A BOARD THAT THE OFFICE OF CANNABIS MANAGEMENT BOARD
CHAIR SHOULD NOT BE A SALARIED INDIVIDUAL BUT BASED ON -- PAID BY PER
DIEM.
MR. RA: OKAY. NOW I KNOW THAT THAT IS ALSO PART OF
THIS BUT, IN TERMS OF THEIR CLASSIFICATION DOES THAT CHANGE, YOU KNOW,
ETHICAL OBLIGATIONS THAT THEY MIGHT HAVE IN TERMS OF ETHICS LAWS,
DISCLOSURES, CONFLICT OF INTEREST LAW THAT OTHERWISE A PUBLIC OFFICER
154
NYS ASSEMBLY MAY 7, 2025
WHO'S SUBJECT TO SECTION 73 OF THE PUBLIC OFFICERS LAW WOULD BE
SUBJECT TO?
MR. PRETLOW: IT'S COMPARED TO THE CHAIRS OF OTHER
OVERSIGHT BOARDS.
MR. RA: OKAY. SO ONE OF THE THINGS, AND I THINK
WE'RE ALL FAMILIAR WITH -- WITH THIS, THE PUBLIC OFFICERS LAW BARS GIFTS
EXCEEDING $15 FROM LOBBYISTS OR ENTITIES DOING BUSINESS WITH THE
BOARD. IS THERE SOMEWHERE ELSE, THOSE TYPE OF PROHIBITIONS THAT WOULD
BE APPLICABLE TO -- TO THIS PERSON WHO'S NO LONGER UNDER SECTION 73?
(CONFERENCING)
MR. PRETLOW: THEY'RE STILL SUBJECT TO SECTION 73.
MR. RA: THEY'RE STILL SUBJECT --
MR. PRETLOW: JUST NOT THE SAME WAY, YEAH.
MR. RA: OKAY. WHAT -- IS THERE -- I MEAN WHAT --
WHAT THINGS WOULD THEY NOT BE SUBJECT TO ANYMORE AS -- AS A RESULT OF
BEING RECLASSIFIED AS NOT BEING A PUBLIC OFFICER?
MR. PRETLOW: THEY'LL STILL HAVE TO FILE THE
FINANCIAL DISCLOSURE.
MR. RA: OKAY. WOULD THEY -- SO THERE ARE A NUMBER
OF PROVISIONS, ONE OF THEM PROHIBITS COMPENSATED ADVISORY SERVICES ON
PENDING LEG -- LEGISLATION AFFECTING THE CANNABIS INDUSTRY. IS THERE A
SECTION THAT WOULD PROHIBIT THE CHAIR FROM LOBBYING LAWMAKERS OR --
MR. PRETLOW: WELL, THEY -- THEY -- THEY CAN DO
WHAT THEY WANT BUT THEY CANNOT HAVE ANY INTEREST AT ALL IN THE CANNABIS
INDUSTRY.
155
NYS ASSEMBLY MAY 7, 2025
MR. RA: OKAY. PUBLIC OFFICERS LAW 73 ALSO
SUBJECTS THE CHAIR TO FINANCIAL DISCLOSURE REQUIREMENTS. SO THAT WILL
STILL BE REQUIRED?
MR. PRETLOW: YES.
MR. RA: OKAY. AND VIOLATIONS ARE -- ARE PUNISHABLE
BY PENALTIES UP TO $10,000 AND REFERRAL FOR CRIMINAL PROSECUTION --
MR. PRETLOW: I BELIEVE THAT'S THE CASE.
MR. RA: THAT WOULD STILL BE THE CASE --
MR. PRETLOW: YES.
MR. RA: -- FOR THAT INDIVIDUAL?
MR. PRETLOW: YES.
MR. RA: THANK YOU. OKAY. CANNABIS LAW ITSELF
OUTLINES THE CHAIRPERSON'S HOURS WHICH INCLUDES THE DIRECT OVERSIGHT OF
LICENSING, REGULATIONS AND ENFORCEMENT. IS THIS POWER DIFFERENT THAN
THOSE GRANTED TO THE UNPAID MEMBERS OF THE BOARD?
MR. PRETLOW: THE -- THE POWERS OF THE CHAIR
REMAIN THE SAME. IT'S JUST THAT THEIR NUMERATION IS DIFFERENT.
MR. RA: OKAY. SO THE -- SO THE TWO CHANGES ARE IN
TERMS OF PUBLIC OFFICERS LAW AND THAT THEY WILL NO LONGER BE A SALARIED
INDIVIDUAL.
MR. PRETLOW: CORRECT.
MR. RA: RATHER A PER DIEM INDIVIDUAL.
MR. PRETLOW: YES.
MR. RA: OKAY. THANK YOU. THERE ARE A NUMBER OF
PROVISIONS ABOUT I WOULD SAY... WELL, TECHNOLOGICAL PROVISIONS MAYBE I
156
NYS ASSEMBLY MAY 7, 2025
WOULD CALL THEM. ONE -- ONE IS ABOUT THE IDEA OF DYNAMIC PRICING.
CAN YOU EXPLAIN THAT PIECE AND WHAT TYPE OF BUSINESSES WOULD BE
INCLUDED UNDER THIS DYNAMIC PRICING DISCLOSURE REQUIREMENT?
(CONFERENCING)
MR. PRETLOW: OKAY. IT'S ANY BUSINESS OTHER --
OTHER THAN INSURANCE BUSINESS, BANKING AND RIDESHARE.
MR. RA: SO IT WOULD NOT INCLUDE THOSE TYPES OF
BUSINESS.
MR. PRETLOW: YES.
MR. RA: OKAY. DOES THE PROVISIONS PROHIBIT ANY
COLLECTION OF PERSONAL DATA WHILE EITHER PHYSICALLY AT A STORE OR WHILE
USING A STORE WEBSITE FOR (INDISCERNIBLE) USE IN CRAFTING TARGETED
DYNAMIC PRICING?
MR. PRETLOW: NO.
MR. RA: AND MY UNDERSTANDING IS, YOU KNOW, WE'RE
TRYING TO STOP BAD ACTORS WHO USE DATA TO TARGET PEOPLE WITH HIGHER
PRICES. YOU KNOW, I THINK IT -- IT'S BEEN DESCRIBED AS -- AS A PRICING
DISCRIMINATION THROUGH HIGHER PRICES, BUT MY UNDERSTANDING IS THIS BILL
APPLIES TO DISCOUNTS AS WELL. SO EVERYONE WOULD BE FORCED TO MAKE THE
DISCLOSURE WHETHER THEY'RE BENEFITTING FROM CONSUMERS OR INCREASING
PRICES ON THEM; IS THAT CORRECT?
MR. PRETLOW: REPEAT THAT, PLEASE.
MR. RA: MY UNDERSTANDING IS THAT IF YOU'RE USING --
USING SOME TYPE OF MODEL FOR DYNAMIC PRICING YOU HAVE TO DISCLOSE IT.
SO EVEN IF, SAY, YOU'RE USING IT IN A WAY THAT BENEFITS THE CONSUMER
157
NYS ASSEMBLY MAY 7, 2025
THROUGH (INDISCERNIBLE) A LOWER PRICE, YOU STILL HAVE TO BE DISCLOSING
THAT YOU'RE DOING THAT.
MR. PRETLOW: YES.
MR. RA: OKAY. MY CONCERN THEN THAT IF SOMEBODY,
YOU KNOW, IF WHAT WE MIGHT THINK IS A BAD ACTOR IS TARGETING PEOPLE
WITH HIGHER PRICES THERE'S -- REALLY THEY'RE TREATED THE SAME, WHETHER
YOU'RE TRYING TO BENEFIT THE CONSUMER OR YOU'RE TRYING TO INCREASE A
PRICE ON THE CONSUMER.
MR. PRETLOW: CORRECT.
MR. RA: AND THEN I WONDER, WE HAVE A DISCLOSURE
AND WE HAVE -- EVERY PERSON USED -- OR I'M SORRY, EVERY BUSINESS USING
IT IS GOING TO HAVE TO DISCLOSE TO THE PUBLIC. SO IS THERE ANY CONCERN
THAT THIS IS GOING TO CAUSE UNNECESSARY CONFUSION TO THE CONSUMERS FOR
BEING -- UTILIZING THESE BUSINESSES?
MR. PRETLOW: NO, IT SHOULDN'T. IT'S JUST A ONE LINE
DISCLOSURE.
MR. RA: OKAY. THANK YOU. THERE ARE ALSO SOME
PROVISIONS RELATED TO AUTOMATIC RENEWAL OF -- OF -- OF SUBSCRIPTIONS AND
THINGS OF THAT -- OF THAT NATURE. IS THAT GOING TO BE UNIVERSALLY
APPLICABLE TO -- TO ANY BUSINESS, YOU KNOW, GIVING THOSE TYPE OF
SERVICES? IS THERE ANY RESTRICTION WITH REGARD TO BUSINESS SIZE OR -- OR,
YOU KNOW, REVENUE OR ANYTHING LIKE THAT?
(CONFERENCING)
MR. PRETLOW: NO.
MR. RA: OKAY. AND SOME OF THE PROVISIONS TALK
158
NYS ASSEMBLY MAY 7, 2025
ABOUT, YOU KNOW, HOW TO GIVE THIS, YOU KNOW, NOTICE; LARGER TYPE,
CONTRASTING TYPE, FONT, COLOR. WHO'S GOING TO BE PROVIDING ANY
GUIDANCE TO THESE BUSINESSES ON HOW THEY MAKE SURE THEY ARE
FOLLOWING THESE PROVISIONS? WOULD IT BE THE ATTORNEY GENERAL?
WOULD THERE BE A STATE AGENCY THAT WOULD BE RESPONSIBLE FOR THAT?
MR. PRETLOW: THIS IS, I BELIEVE, MATCHES FEDERAL
REQUIREMENTS, SO THE GUIDELINES ARE AT THE FEDERAL LEVEL.
MR. RA: THEY WOULD BE THE SAME AS THE FEDERAL
REQUIREMENTS,
MR. PRETLOW: YES.
MR. RA: AND ARE THERE SOME TYPES OF SERVICES THAT
ARE NOT COVERED BY THIS OR IS IT ANY -- ANY CONTINUOUS OR AUTOMATIC
RENEWAL SERVICES?
MR. PRETLOW: I BELIEVE THAT PUBLIC UTILITY --
THERE'S ALREADY EXCEPTIONS THAT PUBLIC UTILITIES IS AN EXAMPLE OF ONE.
MR. RA: PUBLIC UTILITIES, OKAY.
THERE'S ALSO A VERY, I GUESS, INTERESTING PROVISION THAT
WE'RE FAMILIAR WITH FROM A PIECE OF STANDALONE LEGISLATION WE LOOKED AT
EARLIER THIS YEAR WITH REGARD TO THE AI COMPANION SYSTEMS?
MR. PRETLOW: YES.
MR. RA: SO DOES THIS MATCH THAT BILL, THAT STANDALONE
BILL?
MR. PRETLOW: NO, IT DOESN'T.
MR. RA: BUT LARGELY MIRRORS IT WOULD YOU SAY?
MR. PRETLOW: YES.
159
NYS ASSEMBLY MAY 7, 2025
MR. RA: OKAY. NOW, THERE'S A -- IT SAYS THAT THE USER
NEEDS TO BE NOTIFIED AT THE BEGINNING OF AND EVERY THREE HOURS THAT THE
AI IS NOT HUMAN EITHER VERBALLY OR IN WRITING.
SO DOES THAT MEAN THAT THE AI COMPANY CAN MEET THE
REQUIREMENT BY JUST DOING IT VERBALLY OR -- OR ARE THEY SUPPOSED TO DO
BOTH?
MR. PRETLOW: WELL, THEY'RE SUPPOSED TO BE
EXPLICIT IN MAKING SURE THAT THE PERSON THAT'S ON THE OTHER END KNOWS
THAT THEY'RE NOT SPEAKING WITH A REAL INDIVIDUAL. THAT THEY'RE SPEAKING
WITH A COMPUTER-GENERATED ENTITY.
MR. RA: BUT IF IT -- SO SUPPOSE A USER - AND I'LL BE
HONEST, I'M NOT FULLY UNDERSTANDING - BUT AS THIS BILL CAME UP I ASKED
PEOPLE ABOUT THESE TYPE OF AI COMPANIONS, FRIENDS, WHATEVER WE WANT
TO CALL THEM. IF IT'S VERBAL AND SOMEBODY SAY IS USING, YOU KNOW, THEIR
PHONE AND DOING SOME TYPE OF TEXT CONVERSATION OR SOMETHING AND THEY
DON'T HAVE SOUND ON. THEY COULD -- THEY COULD MISS IT WOULD BE MY
CONCERN.
MR. PRETLOW: IT'LL BE ONE OR THE OTHER. THEY HAVE
TO HAVE SOME -- SOME WAY TO NOTIFY THE INDIVIDUAL ON THE OTHER END --
MR. RA: OKAY.
MR. PRETLOW: -- THAT WOULD BE OUR COMPUTER-
GENERATED ENTITIES.
MR. RA: AND IS THERE ANY REQUIREMENT THAT THE USER
ACKNOWLEDGED THAT THEY'VE SEEN THE NOTIFICATION? HOW'S THE AI
COMPANION SYSTEM KNOW THAT THE USER HAS -- HAS SEEN THE NOTIFICATION?
160
NYS ASSEMBLY MAY 7, 2025
MR. PRETLOW: THERE'S NO REQUIREMENT THAT THE AI
ENTITY GETS A NOTIFICATION THAT THE OTHER -- THE USER AT THE OTHER END IS
ACKNOWLEDGING THE FACT THAT THEY ARE SPEAKING WITH A COMPUTER-
GENERATED ENTITY.
MR. RA: OKAY. AND -- AND I GUESS THE LAST PIECE -
AND THIS IS OBVIOUSLY GOING TO BE SOMETHING FOR THESE COMPANIES TO
FIGURE OUT, BUT DO WE KNOW HOW THE AI COMPANION OPERATOR IS ABLE --
IS GOING TO BE ABLE TO DETECT SUICIDAL IDEATIONS OR EXPRESSIONS OF
SELF-HARM BY A -- BY A USER?
MR. PRETLOW: THE BILL IS NOT SPECIFIC TO THAT.
MR. RA: OKAY. MOVE TO A -- I'M GOING TO MOVE TO A
COUPLE OF DIFFERENT AREAS. THE FIRST COUPLE IN THE TRANSPORTATION REALM.
SO THE BUDGET EXTENDS THE DMV PRE-LICENSING COURSE.
DO YOU KNOW WHY MOTORISTS UNDER THE AGE OF 21 ARE PROHIBITED FROM
TAKING THE COURSE ONLINE?
MR. PRETLOW: I DON'T KNOW. MAYBE THEY ARE
UNDER THE IMPRESSION THAT PEOPLE AREN'T REALLY LOOKING AT THE SCREEN OR
DON'T HAVE THE CAPABILITY OF GENERATING INFORMATION AS TO THE ACTIVITY OR
THE PERSON AT THE OTHER END.
MR. RA: OKAY. AND A COUPLE OTHER VEHICLE-RELATED
PROVISIONS.
THERE'S A PROVISION HERE THAT IDENTIFIES AN ABANDONED
VEHICLE AS ANY VEHICLE WITH NO NUMBER PLATES OR WITH THE WHOLESALE
VALUE -- WITH THE WHOLESALE VALUE OF 2,250 OR LESS, AND LOCAL AUTHORITIES
WILL NOT BE REQUIRED TO OBTAIN A VEHICLE TITLE FOR THESE ABANDONED
161
NYS ASSEMBLY MAY 7, 2025
VEHICLES.
DO WE KNOW HOW REDEFINING THESE ABANDONED
VEHICLES WILL BE IMPACTING OUR -- OUR LOCAL GOVERNMENTS?
MR. PRETLOW: IF A VEHICLE IS LEFT ON THE SIDE OF THE
ROAD AND ILLEGALLY PARKED PAST A PRESCRIBED NUMBER OF HOURS, THE
DEPARTMENT OF SANITATION WILL HAVE THE AUTHORITY AFTER DETERMINING
WHAT THE -- THE RESALE VALUE OF -- THE WHOLESALE VALUE OF THIS CAR.
USUALLY THEY'RE IN PRETTY BAD SHAPE SO THEY CAN TAKE THEM OFF THE STREET
WITHIN A DAY.
MR. RA: AND THE LOCAL GOVERNMENT CAN THEN SELL OR
JUNK --
MR. PRETLOW: WELL, MOST OF THEM JUNK THEM,
WHATEVER THEY CAN DO BUT THEY WANT TO GET THEM OFF OF THE STREETS.
MR. RA: OKAY. AND DO YOU KNOW, IS THIS MAINLY,
YOU KNOW, PUBLIC SAFETY, QUALITY OF LIFE CONCERN OR IS IT ALSO -- OR IS THE
IMPETUS TO THIS ENVIRONMENTAL?
MR. PRETLOW: I THINK IT'S BOTH. MORE -- MORE SO
ENVIRONMENTAL THAN PUBLIC SAFETY BUT PUBLIC SAFETY DOES PLAY INTO THIS.
MR. RA: OKAY. ONE OF THE I WOULD SAY OFTEN TALKED
ABOUT PROVISIONS WITHIN -- THAT WAS WITHIN THIS BILL BUT -- BUT IS
OMITTED, IS THE DRUG DRIVING CHANGES. I NOTICED THEY'RE NOT IN THIS BILL.
DO WE EXPECT THAT WE'RE GOING TO SEE THAT SOMEWHERE ELSE?
MR. PRETLOW: I'M PRETTY SURE THAT WE WILL, BUT AT
A LATER DATE.
MR. RA: OKAY, GREAT.
162
NYS ASSEMBLY MAY 7, 2025
MR. PRETLOW: BUT MAYBE NOT.
MR. RA: OKAY. STAY TUNED.
THE ULTRA HEAVY CLASS THREE E-BIKES. THE GOVERNOR'S
PROPOSAL TO RECLASSIFY THESE E-BIKES WEIGHING OVER 100 POUNDS IS
LIMITED USE. MOTORCYCLES WAS OMITTED FROM THIS BUDGET BILL; IS THAT
CORRECT?
MR. PRETLOW: OH, THAT'S NOT COMING BACK.
MR. RA: THAT ONE IS OUT.
MR. PRETLOW: YES, THAT'S OUT.
MR. RA: OKAY. AND THEN THE PROVISIONS WITH REGARD
TO OVERWEIGHT VEHICLE ENFORCEMENT. PART N OF THIS BUDGET AUTHORIZES
TRANSPORTATION AGENCIES AND AUTHORITIES TO IMPLEMENT DEMONSTRATION
PROGRAMS USING WEIGH-IN MOTION TECHNOLOCY [SIC] AND VERY -- IN VERY
SPECIFIC LOCATIONS.
DO WE THINK THIS IS GOING TO, OR HOW -- HOW IS THIS
GOING TO IMPACT OUR EV MANDATE? WE'RE -- WE'RE MANDATING
ELECTRONIC VEHICLES, IN PARTICULAR TRUCKS, SCHOOL BUSES THAT ARE VERY
HEAVY BECAUSE OF THE SIZE OF THE BATTERY. AND SO WE'RE -- - WE'RE
WONDERING, IS THIS GOING TO ULTIMATELY IDENTIFY THE WEAR AND TEAR THAT
THOSE VEHICLES MAY HAVE ON OUR ROADS?
MR. PRETLOW: WELL, MR. RA, I KNOW YOU'RE FULLY
AWARE THAT THE WEIGHT OF A VEHICLE DIRECTLY AFFECTS THE CONDITION OF THE
ROADS -- HOW THE ROADS ARE LEFT, AND THERE ARE SEVERAL VEHICLES NOW THAT
ARE OVERWEIGHT THAT ARE USING OUR ROADS. THIS TECHNOLOGY THAT'S GOING
TO BE USED I THINK MAKES MOSTLY ALL IN NEW YORK CITY WILL BE
163
NYS ASSEMBLY MAY 7, 2025
IN-GROUND, AND AS TRUCKS ROLL OVER IT THEY WILL DETERMINE THE WEIGHT OF
THE TRUCK AND IF THE TRUCK IS OVERWEIGHT THEY'LL BE ISSUED A SUMMONS.
MR. RA: OKAY. SO REALLY AS WE'RE, I GUESS, GENERALLY
FAMILIAR WITH, RIGHT, WE'VE SEEN IN THE TRADITIONAL WAY THAT THERE'S, YOU
KNOW, A WEIGH STATION THAT THEY'RE REQUIRED TO STOP AT AND THIS IS TO
MAYBE MODERNIZE A --
(INDISCERNIBLE/CROSSTALK)
MR. PRETLOW: I -- I -- I DON'T KNOW IF THESE
STATIONS ARE REALLY UTILIZED. I MEAN I -- I DRIVE ON 87 AT LEAST TWICE A
WEEK AND GO PASS A WEIGH STATION AT THE WOODBURY EXIT, I'M PRETTY SURE
YOU PASS IT, ALSO.
MR. RA: I DO.
MR. PRETLOW: AND I'VE NEVER SEEN EVER A TRUCK IN
THAT WEIGH STATION. THAT IS A NICE FANCY --
(INDISCERNIBLE/CROSSTALK)
MR. RA: I'M NOT SURE I HAVE EITHER. I -- I -- I DO
KNOW THAT I'M SURE MANY OF US CAN RECALL THIS BEFORE WE HAD WAZE AND
ALL THOSE TYPE OF THINGS THAT WOULD -- WOULD TELL YOU WHETHER IT WAS
POLICE OFFICERS. WE OFTEN KNEW THAT THERE MIGHT BE ONE AROUND THE
WEIGH STATIONS TO CATCH ANY TRUCKS THAT DIDN'T STOP.
MTA. THERE ARE $6 BILLION COMMITTED TO THE MTA
2025-'29 CAPITAL PLAN.
MR. PRETLOW: YES.
MR. RA: THREE BILLION IS SUPPOSED TO BE COMING
FROM THE STATE. THE OTHER 3 BILLION FROM -- FROM NEW YORK CITY. DO
164
NYS ASSEMBLY MAY 7, 2025
WE KNOW HOW THE REMAINING GAPS IN THE CAPITAL PLAN ARE GOING TO BE
FILLED? YOU KNOW, THERE'S OBVIOUSLY A LOT MORE MONEY THAT'S GOING TO
BE REQUIRED ABOVE THIS $6 BILLION.
MR. PRETLOW: THAT'LL BE DELINEATED IN ANOTHER
BILL. YOU'RE REFERRING TO THE MONEY FROM THE CITY AND THE STATE --
MR. RA: YES.
MR. PRETLOW: -- THAT GOES TO THE MTA, YES.
MR. RA: OKAY. SO WE WILL BE LIKELY DEALING WITH
SOME MTA FUNDING PROPOSALS.
MR. PRETLOW: YES, ABSOLUTELY.
MR. RA: FAIR TO SAY PROBABLY IN THE REVENUE BILL?
MR. PRETLOW: YES.
MR. RA: THANK YOU. WITH REGARD TO -- TO TAXES.
THERE IS A PROVISION THAT ALLOWS TAX AND FINANCE TO SHARE DATA FROM
THE TAX RETURNS OF FOSSIL FUEL AND PETROLEUM BUSINESSES WITH DEC AND
NYSERDA TO ASSIST WITH THE IMPLEMENTATION OF THE CLCPA.
MR. PRETLOW: YES.
MR. RA: WHAT SPECIFICALLY TYPES OF DATA ARE GOING TO
BE SHARED WITH DEC AND NYSERDA?
(CONFERENCING)
MR. PRETLOW: THEY'RE GOING -- THEY'RE GOING TO
USE IT TO (INDISCERNIBLE) COORDINATE THE FINANCIAL DATA BETWEEN THE
DIFFERENT ENTITIES.
MR. RA: OKAY. AND WHAT SAFEGUARDS ARE INCLUDED
TO ENSURE THAT THIS TAX RETURN DATA IS USED APPROPRIATELY BY THESE
165
NYS ASSEMBLY MAY 7, 2025
ENTITIES?
MR. PRETLOW: I'D IMAGINE THE ORDINARY AUDIT
PROCEDURES THAT ARE CURRENTLY BEING USED.
MR. RA: WILL THOSE ENTITIES BE GIVEN NOTICE THAT TAX
AND FINANCE ARE SHARING THEIR DATA WITH DEC AND NYSERDA?
MR. PRETLOW: I DO NOT BELIEVE SO, NO.
MR. RA: OKAY. AND IF IDENTIFYING INFORMATION FOR
THE BUSINESSES IS WITHHELD FROM DEC AND NYSERDA, HOW EXACTLY IS
THIS DATA GOING TO HELP IMPLEMENT THE CLCPA STANDARDS?
(CONFERENCING)
MR. PRETLOW: THIS -- THIS IS GOING TO ALLOW THEM
TO COMPARE REPORTING STANDARDS AND MAKE DECISIONS BASED ON WHAT
THEY DETERMINE.
MR. RA: OKAY. AND IS THIS JUST GENERAL COMPLIANCE
WITH REGARD TO THE CLCPA OR DOES IT -- DOES IT RELATE TO THE CLIMATE
SUPERFUND BILL AND --
MR. PRETLOW: IT DOES NOT RELATE TO THE SUPERFUND.
MR. RA: OKAY. OKAY. THANK YOU. THE
BUY-NOW-PAY-LATER PROPOSAL.
MR. PRETLOW: YOU MEAN PAY GO (PHONETIC)?
MR. RA: I'M SORRY?
MR. PRETLOW: PAY GO? PAY NOW...
MR. RA: YES. BUY NOW AND PAY -- PAY LATER ACT.
SO I THINK WE'VE SEEN A NUMBER OF PROPOSALS BOTH IN
THE BUDGET AND STANDALONE BILLS OVER THE LAST COUPLE OF YEARS THAT
166
NYS ASSEMBLY MAY 7, 2025
WOULD REGULATE THESE TYPE OF LOANS. CAN YOU JUST GIVE SOME DETAILS AS
TO WHAT THE FINAL VERSION OF THIS BILL INCLUDES TO THESE TYPES OF LENDERS?
(CONFERENCING)
MR. PRETLOW: OKAY. IT ALLOWS DFS TO OVERSEE
AND REGULATE THE BUY-NOW-PAY-LATER ENTITIES.
MR. RA: OKAY. IF A ENTITY SAY HAD DIFFERENT TYPES OF
CATEGORIES OF LOANS, THIS TALKS ABOUT DIFFERENT CATEGORIES OF
BUY-NOW-PAY-LATER LOANS. WOULD A COMPANY HAVE TO OBTAIN A SEPARATE
LICENSE FOR EACH CATEGORY OR IS THERE JUST ONE LICENSE THAT WOULD COVER
ALL OF IT?
MR. PRETLOW: IT'S JUST ONE LICENSE.
MR. RA: OKAY. AND DO WE HAVE ANY SENSE OF HOW
MANY OF THESE TYPES OF LENDERS ARE CURRENTLY OPERATING IN NEW YORK?
MR. PRETLOW: I DO NOT ACCESS TO THAT NUMBER.
MR. RA: OKAY. AND DO WE KNOW HOW LONG DFS HAS
OR WILL HAVE TO REVIEW AND APPROVE OR DENY AN APPLICATION TO OPERATE
ONE OF THESE SERVICES IN NEW YORK?
MR. PRETLOW: THERE'S NO TIME LIMIT.
MR. RA: THERE'S NO TIME LIMIT, OKAY.
AND IF SOMEBODY IS -- AN ENTITY IS ALREADY PROVIDING
THESE TYPES OF SERVICES IN NEW YORK STATE, ONCE THIS IS EFFECTIVE, WILL
THEY HAVE TO SUSPEND OPERATIONS UNTIL THEY'RE ABLE TO GET A LOAN?
MR. PRETLOW: NO.
MR. RA: OKAY. THANK YOU. OKAY.
SO, ONE OF THE QUESTIONS OR -- OR I WOULD SAY CONCERNS
167
NYS ASSEMBLY MAY 7, 2025
THAT HAS BEEN EXPRESSED IS THAT WE'VE HAD ESTABLISHED FEDERAL AND STATE
LEGAL PRECEDENT AROUND INTERSTATE BANKING. AND BY INCLUDING AN
(INDISCERNIBLE) FOR OUT-OF-STATE STATE-CHARTERED BANKS FROM OUR LAWS, IS
THERE A CONCERN THAT THERE MIGHT BE RETALIATORY RESPONSES FROM OTHER
STATES AND THAT THAT COULD THREATEN THE COMPETITIVENESS OF OUR CHARTERED
BANKS IN NEW YORK?
MR. PRETLOW: IT WON'T.
MR. RA: I'M SORRY?
MR. PRETLOW: WE DON'T BELIEVE IT WILL, NO.
MR. RA: THANK YOU. OKAY. THAT'S ALL I HAVE ON
THAT.
ONE -- ONE OTHER ISSUE I WANT TO GET INTO IN ANOTHER
TOTALLY SEPARATE AREA OF ENERGY. SO NYSERDA'S ANNUAL FINANCE
AUTHORIZATION IS INCLUDED IN THIS BILL, BUT AM I CORRECT, IT DOES NOT
INCLUDE AUTHORIZATION FOR THE GOVERNOR'S PROPOSED $7 MILLION
ASSESSMENT INCREASE WHICH WOULD HAVE HELP PAID FOR THE COST
ASSOCIATED WITH NYSERDA'S NUCLEAR POWER DEVELOPMENT PLAN?
MR. PRETLOW: IT DOES NOT INCLUDE IT, NO.
MR. RA: DOES THIS BUDGET IN ANY WAY SUPPORT
NYSERDA'S -- NYSERDA'S PLAN TO SUPPORT CONSTELLATION ENERGY'S
NEW EFFORT TO INSTALL A SMALL MODULAR REACTOR AT ONE OF ITS SITES IN
OSWEGO?
MR. PRETLOW: I DON'T BELIEVE SO.
MR. RA: AND AM I CORRECT THIS BILL INCLUDES AN
EXTENSION ON REBATE PROGRAMS FOR MUNICIPALITIES WHO ARE WISHING TO
168
NYS ASSEMBLY MAY 7, 2025
PURCHASE ELECTRONIC [SIC] VEHICLES AND INFRASTRUCTURE?
MR. PRETLOW: YES, IT DOES.
MR. RA: ARE THERE ANY REQUIREMENTS WITH THIS REBATE
PROGRAM REGARDING FIRE SUPPRESSION SYSTEMS OR ANYTHING OF THAT NATURE
REGARDING EV INFRASTRUCTURE?
MR. PRETLOW: I DON'T BELIEVE SO.
MR. RA: OKAY. I THINK THAT IS GOING TO BE IT ON THIS
PARTICULAR BILL.
MADAM SPEAKER, ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. RA: THANK YOU TO CHAIR PRETLOW. THERE WAS A
LOT OF DIFFERENT AREAS WITHIN -- WITHIN THIS BILL, SO I APPRECIATE YOU AND
YOUR STAFF SHUFFLING AROUND TO TRY TO GET THROUGH A NUMBER OF THEM.
I -- ONE -- ONE -- ONE ISSUE I JUST REALLY WANT TO
MENTION WITH REGARD TO THIS. I HOPE WHEN WE SEE THOSE PROVISIONS
REGARDING DRUG DRIVING THAT THEY REFLECT, YOU KNOW, WHAT THE PROPOSAL
AND THEY'RE NOT WATERED DOWN, BECAUSE WE -- WE HAVE A PROBLEM IN
THIS -- IN THIS STATE AND THESE PROVISIONS, I KNOW THERE'S BEEN
EXPRESSIONS OF -- OF CONCERN ON HOW THEY WOULD BE UTILIZED, BUT THE
BOTTOM LINE IS WE HAVE HAD SOME HORRIFIC TRAGEDIES HAPPEN IN THE STATE
AND PROSECUTORS BECAUSE THEY CAN'T SAY SPECIFICALLY WHAT SUBSTANCE WAS
BEING USED ARE UNABLE TO PROSECUTE THEM. YOU KNOW, WE'VE HAD VERY
STRONG SUPPORT FROM OUR -- OUR DAS DOWN ON LONG ISLAND FOR THIS ISSUE
FOR YEARS. AND I -- I LOOK FORWARD TO SEEING THAT PROVISION IN A FUTURE
BILL AND GETTING THAT DONE BECAUSE IT IS GOING TO BE SOMETHING THAT IS
169
NYS ASSEMBLY MAY 7, 2025
GOING TO MAKE THE ROADS OF NEW YORK STATE SAFER.
YOU KNOW, WITH REGARD TO THE MTA, AS WE'VE CALLED
FOR ON OUR SIDE OF THE AISLE, WE ALL UNDERSTAND HOW VITAL THE MTA IS,
HOW VITAL MTA CAPITAL IS, BUT -- AND -- AND WE'LL TALK ABOUT THIS WHEN
WE GET TO IT, MY CONSTITUENTS CONSTANTLY READ ABOUT SCANDALS, WASTE,
THINGS OF THAT NATURE WITHIN THE MTA. AND THE LAST THING THEY WANT TO
SEE IS ANOTHER TAX COMING ON TOP OF THEM TO -- TO FUND THE MTA.
SO I LOOK FORWARD TO FURTHER DISCUSSIONS REGARDING
THAT ISSUE WHEN WE -- WHEN WE SEE THOSE PROVISIONS IN A FUTURE BILL.
AS I SAID ON THE LAST BILL, WE'RE MOVING FORWARD. THIS IS THE SECOND
BILL. WE HAVE ANOTHER ONE READY TO GO AND HOPEFULLY THE REST WILL
FOLLOW, AND WE CAN FINALLY AFTER WELL OVER A MONTH PUT THIS BUDGET TO
BED.
THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MR. GANDOLFO.
MR. GANDOLFO: THANK YOU, MADAM SPEAKER.
WOULD THE CHAIR YIELD FOR A COUPLE OF QUESTIONS?
ACTING SPEAKER HUNTER: WILL THE CHAIR
YIELD?
MR. PRETLOW: A COUPLE MAKES IT TWO, CORRECT?
ACTING SPEAKER HUNTER: THE CHAIR YIELDS.
MR. GANDOLFO: MAYBE, MAYBE A COUPLE MORE,
TOO.
MR. PRETLOW: A FEW COUPLES?
170
NYS ASSEMBLY MAY 7, 2025
MR. GANDOLFO: A FEW COUPLES, YEAH. WE'RE,
WE'RE HAVING FUN.
SO I JUST HAVE -- I ACTUALLY DON'T HAVE THAT MANY FOR
YOU. SO I HAVE SOME QUESTIONS ON PART RR, THE SUPERFUND
AMENDMENTS UNDER THE ENVIRONMENTAL SECTION HERE. SO IN PART RR IT
AMENDS THE SUPERFUND WHILE HERE TO PRIORITIZE (INDISCERNIBLE)
PROGRAMS AT SITES PLACED IN DISADVANTAGED COMMUNITIES.
FIRST, I WANTED TO GET YOUR DEFINITION, WHAT CONSTITUTES
A DISADVANTAGED COMMUNITY?
MR. PRETLOW: A DISADVANTAGED COMMUNITY IS --
THERE'S A DEFINITION IN CURRENT LAW. I CAN'T TELL YOU OFF THE TOP OF MY
HEAD WHAT IT IS, BUT THERE IS A DEFINITION OF A DISADVANTAGED COMMUNITY
IN CURRENT LAW.
MR. GANDOLFO: OKAY. AND WHAT -- WHAT EXACTLY
WOULD IT MEAN TO PRIORITIZE THOSE REMEDIAL SITES? IS THAT IN TERMS OF
TIMING, IN TERMS OF FUNDING?
(CONFERENCING)
MR. PRETLOW: OH, SORRY. SAY THAT AGAIN.
MR. GANDOLFO: SURE. SO WHAT EXACTLY DOES IT
MEAN TO PRIORITIZE THESE REMEDIAL SITES? IS THAT PRIORITIZED IN TERMS OF
FUNDING, IN TERMS OF TIME FRAME TO START --
MR. PRETLOW: IT'S A COMBINATION OF A FEW THINGS.
A COMBINATION OF NEED, EXPEDIENCY, THE COST, HOW HAZARDOUS IS THE
SITE, AND YOU KNOW, WE'RE USING FEDERAL MONEY FOR THIS SO THE
AVAILABILITY OF CASE THAT THE STATE HAS. MANY -- MANY ITEMS.
171
NYS ASSEMBLY MAY 7, 2025
MR. GANDOLFO: BECAUSE I'M LOOK -- THE LANGUAGE
ADDS, IT WILL PRIORITIZE REMEDIAL PROGRAMS AT SITES PLACED IN CLASS 1 OR 2
AS DESCRIBED IN THE SUBPARAGRAPH YEAR THAT ARE LOCATED IN
DISADVANTAGED COMMUNITIES. SO I DID -- I DID A QUICK SEARCH AND ON
LONG ISLAND THERE ARE A NUMBER OF CLASS 2, WHICH ARE PRETTY SERIOUS, AT
LEAST IN SUFFOLK COUNTY I WAS LOOKING, AND I KNOW THERE'S ONE IN MY
DIS -- THERE'S I THINK TWO IN MY DISTRICT, ONE JUST OUTSIDE MY DISTRICT
WHERE I GREW UP THAT ARE CLASS 2. BUT I DON'T BELIEVE THOSE WOULD FALL
INTO THE DEFINITION OF A DISADVANTAGED COMMUNITY. SO HOW WOULD THAT
WORK? IF THERE'S A CLASS 1 REMEDIAL SITE IN A COMMUNITY THAT'S NOT
DISADVANTAGED, WOULD A CLASS 2 SITE IN A DISADVANTAGED COMMUNITY
TAKE PRECEDENCE OVER THAT?
MR. PRETLOW: I DON'T BELIEVE THERE ARE ANY CLASS
1 SITES. AND A LOT OF THIS HAS TO DO WITH THE TERM THAT WAS BROUGHT TO
LIGHT MANY YEARS AGO "INSTITUTIONAL RACISM" WHERE HAZARDOUS SITES WERE
PUT IN COMMUNITIES THAT FALL UNDER THE DEFINITION OF HAZARDOUS. AND
THE PURPOSE OF THE LAW IS TO EXPEDITE, TO THE BEST OF OUR ABILITY, THE
CLEANUP OF THOSE SITES.
MR. GANDOLFO: OKAY. CAN ANY CURRENT SITE THAT'S
LETS SAY A CLASS 2, COULD ANY OF THOSE BE DEPRIORITIZED IF A NEW CLASS 2
REMEDIAL SITE POPS UP IN WHAT IS DESCRIBED AS A DISADVANTAGED
COMMUNITY?
MR. PRETLOW: OKAY. WELL, I THINK I JUST
DESCRIBED IT. THE CRITERIA THAT I JUST DESCRIBED; HOW IMPORTANT IT IS, THE
COST, WHERE IT IS AND WE CAN EX -- EXPEDITE.
172
NYS ASSEMBLY MAY 7, 2025
MR. GANDOLFO: RIGHT, BUT BY DEFINITION A CLASS 2
SUPERFUND SITE IS IMPORTANT. IT'S -- IT'S DESCRIBED AS PRESENTING A
SERIOUS DANGER TO THE ENVIRONMENT OR (INDISCERNIBLE), NOT AS SERIOUS AS
CLASS 1. SO MY QUESTION IS KNOWING THAT WE HAVE SITES, LET'S SAY,
WHERE I GREW UP IN WEST ISLIP, THE DZUS FASTENER COMPANY IS A CLASS
2 SITE. THERE ARE VERY HIGH RATES OF CANCER IN THAT COMMUNITY,
SPECIFICALLY AMONG WOMEN, THERE ARE HIGH RATES OF BREAST CANCER AND
BELIEVED TO BE CAUSED BY THAT SITE. COULD THE REMEDIATION OF THAT SITE
BE DEPRIORITIZED BECAUSE IT'S NOT CONSIDERED TO BE IN A DISADVANTAGED
COMMUNITY?
MR. PRETLOW: IT'S ALL COMPARATIVE. IT DEPENDS ON
THE COMMISSIONER AS TO WHICH SITE. IF ONE SITE HAS ALREADY BEEN
STARTED, I DOUBT THEY'RE GOING TO STOP THAT SITE AND GO SOMEPLACE ELSE.
SO IT JUST DEPENDS ON THE CRITERIA THEY SET OUT EARLIER.
MR. GANDOLFO: OKAY. I MEAN THE CRITERIA IS NOT
EXACTLY CLEAR, THOUGH. IS IT UP TO THE DISCRETION OF THE COMMISSIONER?
MR. PRETLOW: DISADVANTAGE IS RELATIVE TO OTHER
SITES. THE SORT OF DISADVANTAGED SITE WOULDN'T HAVE MORE OF A PRIORITY.
MR. GANDOLFO: OKAY. OVER... JUST -- BECAUSE
ONE OF THOSE LET'S SAY ARE LIKE WEST --
MR. PRETLOW: WELL, THEY ALL HAVE TO BE CLEANED
UP.
MR. GANDOLFO: RIGHT.
MR. PRETLOW: IT'S JUST THE ORDER TO PUT THEM IN.
MR. GANDOLFO: BUT MY QUESTION IS CAN ONE THAT
173
NYS ASSEMBLY MAY 7, 2025
IS CURRENTLY UNDERWAY, LET'S SAY THERE'S AN ISSUE OF FUNDING --
MR. PRETLOW: NO.
MR. GANDOLFO: -- COULD THAT BE --
MR. PRETLOW: IT'S NOT GOING TO BE -- IT'S CURRENTLY
--
(INDISCERNIBLE/CROSSTALK).
MR. GANDOLFO: THEY'RE NOT GOING TO STOP.
MR. PRETLOW: MID-REMEDIATION AND GO
SOMEPLACE ELSE BECAUSE THEY DISCOVERED A HAZARDOUS SITE, A SUPERFUND
SITE IN A COMMUNITY, IN A DISADVANTAGED COMMUNITY, THEY'RE NOT GOING
TO --
(INDISCERNIBLE/CROSSTALK)
MR. GANDOLFO: OKAY. SO THEY'RE NOT GOING TO OR
ARE THEY PREVENTED FROM?
MR. PRETLOW: THEY'RE NOT GOING TO -- THEY'RE NOT
GOING TO STOP --
MR. GANDOLFO: OKAY.
MR. PRETLOW: -- REMEDIATION OF A PLACE THAT THEY
-- THE AREA THAT YOU FIRST DESCRIBED.
MR. GANDOLFO: OKAY. ARE THEY PROHIBITED FROM
STOPPING IT OR --
MR. PRETLOW: THEY'RE NOT PROHIBITED FROM DOING
ANYTHING IF THEY WANT TO --
(INDISCERNIBLE/CROSSTALK).
MR. GANDOLFO: OKAY. I GUESS WE'RE PUTTING
174
NYS ASSEMBLY MAY 7, 2025
SOME TRUST IN THE COMMISSIONER THEN. THAT'S GREAT.
NOW, DOES -- IN TERMS OF THE DISADVANTAGED
COMMUNITY, DOES THAT GO BY ZIP CODE?
MR. PRETLOW: I BELIEVE SO.
MR. GANDOLFO: OKAY.
MR. PRETLOW: I THINK IT'S MORE CENSUS TRACK THAN
ZIP CODE.
MR. GANDOLFO: MORE CENSUS, OKAY. OKAY,
GREAT. I APPRECIATE YOU ANSWERING THOSE QUESTIONS.
JUST ONE MORE QUESTION. SOMETHING THAT WAS
INTENTIONALLY OMITTED HERE WAS DISTINCTIVE LICENSE PLATES FOR GOLD STAR
FAMILIES. IS THERE ANY REASON WHY THAT DIDN'T MAKE THIS BUDGET?
MR. PRETLOW: I DON'T KNOW WHY THAT WAS
INTENTIONALLY OMITTED, BUT I THINK THAT THAT'S GOING TO BE DONE OR WILL BE
DONE IN A SEPARATE PIECE OF LEGISLATION.
MR. GANDOLFO: OKAY.
MR. PRETLOW: AND NOT -- AND NOT AS A BUDGET BILL.
MR. GANDOLFO: IS THERE A -- A REASON FOR -- THAT
SEEMS LIKE IT MIGHT HAVE A FISCAL IMPACT AND THE GOVERNOR ALWAYS TELLS
US WE SHOULDN'T DO THINGS --
MR. PRETLOW: THAT'S REALLY NOT A --
(INDISCERNIBLE). IF IT IS IT'S DE MINIMUS.
MR. GANDOLFO: OKAY, DE MINIMUS. ALL RIGHT.
APPRECIATE IT. THANK YOU, CHAIR. THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
175
NYS ASSEMBLY MAY 7, 2025
MR. MORINELLO.
MR. MORINELLO: I JUST HAVE A QUESTION ON ONE
SECTION. ON PART DDD --
ACTING SPEAKER HUNTER: MR....
MR. MORINELLO: OH, I'M SORRY, THANK YOU. MY
APOLOGIES.
ACTING SPEAKER HUNTER: THAT'S OKAY.
MR. MORINELLO: IT COMES OFF MY TIME? I ONLY
HAVE ONE QUESTION. PART DDD -- OH, I'M SORRY.
ACTING SPEAKER HUNTER: SPONSOR, WILL YOU
YIELD?
MR. MORINELLO: WILL HE YIELD?
ACTING SPEAKER HUNTER: MR. PRETLOW, WILL
YOU YIELD?
MR. MORINELLO: WILL YOU YIELD? I'M SORRY.
MR. PRETLOW: FOR THE JUDGE, ABSOLUTELY.
MR. MORINELLO: I APPRECIATE IT.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MR. PRETLOW: THE PART DDD DEALING WITH THE
AGREEMENT AUTHORIZED SUCH INDIAN NATIONS OR TRIBES TO ACQUIRE, POSSESS,
MANUFACTURE, SELL, DELIVER, TRANSPORT, DISTRIBUTE OR DISPENSE ADULT-USE
CANNABIS AND MEDICAL CANNABIS.
WHAT IS THE INTENTION OF THAT PARAGRAPH OR THAT
INCLUSION IN THE BILL?
(CONFERENCING)
176
NYS ASSEMBLY MAY 7, 2025
MR. PRETLOW: IT'S TO GIVE THE STATE MORE ABILITY TO
DO TESTING ON THE NATIVE AMERICAN FACILITIES.
MR. MORINELLO: ALL RIGHT. SO THEY WILL BE ABLE
TO PURCHASE PRODUCTS PRODUCED IN NEW YORK STATE OR GROWN BY NEW
YORK STATE GROWERS?
MR. PRETLOW: YES.
MR. MORINELLO: OKAY. NOW, THE NATION BEING
TAX FREE, WILL THEY BE TAXED ON THESE PURCHASES?
MR. PRETLOW: NO, I DON'T BELIEVE SO. NO.
MR. MORINELLO: NO. SO IT WILL LEGALIZE THEIR
ABILITY FOR THEIR DISPENSARIES --
MR. PRETLOW: YES.
MR. MORINELLO: -- TO COME OFF THE REZ AND MAKE
PURCHASES.
MR. PRETLOW: THEY COULD PROBABLY DO IT AS -- AS
A MATTER OF RIGHT NOW, BUT -- BUT YES.
MR. MORINELLO: I'M SORRY. I DIDN'T HEAR YOU, MR.
PRETLOW.
MR. PRETLOW: I SAID THEY CAN PROBABLY DO IT AS OF
RIGHT NOW, BUT (INDISCERNIBLE) --
MR. MORINELLO: THANK YOU FOR BEING SO CANDID.
THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MS. WALSH.
MS. WALSH: THANK YOU, MADAM SPEAKER. WILL
177
NYS ASSEMBLY MAY 7, 2025
CHAIR PRETLOW PLEASE YIELD FOR QUESTIONS?
MR. PRETLOW: YES, I WILL.
ACTING SPEAKER HUNTER: THE CHAIR YIELDS.
MS. WALSH: THANK YOU VERY MUCH. MY QUESTIONS
HAVE TO DO WITH PART KK, THE PART ABOUT THE MWBE PROGRAM.
MR. PRETLOW: KKK?
MS. WALSH: JUST TWO K'S.
MR. PRETLOW: OH, TWO K'S.
MS. WALSH: DON'T GET ME INTO TROUBLE, MR.
PRETLOW. JUST TWO.
SO IT LOOKS AS THOUGH IN THIS SECTION, IT EXTENDS THE
MINORITY OF WOMEN-OWNED BUSINESS ENTERPRISE PROGRAM FOR THREE
YEARS UNTIL DECEMBER 31ST, 2028. JUST POINT OF -- JUST CURIOSITY, AND I
DON'T KNOW. IS IT ALWAYS DONE IN THREE YEAR INCREMENTS, OR IS THIS
SHORTER THAN USUAL?
MR. PRETLOW: THIS WAS NEGOTIATED, I BELIEVE IT
WAS DONE AROUND THREE YEAR PERIODS.
MS. WALSH: OKAY. I DON'T KNOW WHY I THOUGHT
FIVE BUT THAT'S -- THAT'S FINE, THREE YEARS. SO -- AND THIS PART ALSO DIRECTS
THE DIVISION OF MWBE, THE COMMISSION OF POLICY STUDY ANALYZING
POTENTIAL WAYS TO IMPROVE THE EFFECTIVENESS OF THE STATE MWBE
PROGRAM. SO, MY QUESTION IS WHAT SPECIFICALLY IS THE STUDY GOING TO
EXAMINE?
MR. PRETLOW: I'M REALLY NOT SURE WHAT THE STUDY
IS GOING TO -- TO BRING ABOUT. THIS WAS SOMETHING THAT WAS REQUESTED
178
NYS ASSEMBLY MAY 7, 2025
OF THE EXECUTIVE, OR THE EXECUTIVE WANTED IN THIS YEAR'S BUDGET AND
THAT'S HOW IT'S THERE.
MS. WALSH: OKAY. BECAUSE IT ALL IT SAYS IN THE BILL
LANGUAGE ITSELF IS JUST POTENTIAL WAYS TO IMPROVE THE EFFECTIVENESS OF
THE PROGRAM. I DIDN'T KNOW IF THERE WAS ANY FURTHER GUIDANCE ABOUT...
MR. PRETLOW: YEAH, YOU KNOW, I THINK THEY
REALLY JUST WANT TO FIGURE OUT IF THERE'S A WAY TO IMPROVE THE PROGRAM.
THERE HAVE BEEN SOME -- SOME ISSUES WITHIN THE MWBE PROGRAM OVER
TIME AND WHAT THIS WOULD DO IS TRY TO LOOK INTO WHAT'S HAPPENING THERE
AND SEE IF THERE'S AREAS WHERE IMPROVEMENT CAN BE DONE.
MS. WALSH: THAT'S GREAT. AND -- AND I WOULD
AGREE THAT THERE DEFINITELY ARE SOME ISSUES WITH THE PROGRAM AND THERE
ARE SEVERAL BILLS THAT I'LL DISCUSS LATER TO ADDRESS SOME OF THOSE
PROBLEMS.
MR. PRETLOW: YES.
MS. WALSH: BUT THE REPORT ITSELF WON'T BE DUE UNTIL
MAY 1ST, 2027 IT LOOKS LIKE ACCORDING TO THE BILL TEXT. AND IT'S GOING TO
BE HANDLED BY AN OUTSIDE -- AN OUTSIDE ENTITY IS GOING TO DO THE STUDY?
MR. PRETLOW: WELL, BASED ON THOSE DATES IT LOOKS
LIKE IT'S GOING TO BE A REALLY DELIBERATIVE COMMITTEE, BUT YES. IT'S GOING
TO BE AN OUTSIDE ENTITY.
MS. WALSH: YEAH, CAUSE IT -- IT JUST SEEMS TO ME
THAT -- WELL, I GUESS, YOU KNOW, THE DISPARITY STUDY, WE JUST GOT THAT
KIND OF TOWARDS THE END OF LAST YEAR. WE WERE WAITING FOR QUITE A
WHILE FOR THAT, BUT THIS IS CLEARLY A DIFFERENT KIND OF STUDY THAN THE
179
NYS ASSEMBLY MAY 7, 2025
DISPARITY STUDY; IS THAT -- IS THAT CORRECT? IT'S NOT GOING TO BE LOOKING --
MR. PRETLOW: YES.
MS. WALSH: IT'S NOT GOING TO BE LOOKING AGAIN AT
ANY STATISTICS OR DATA OR CONCLUSIONS RAISED BY THE DISPARITY STUDY, THE --
MR. PRETLOW: NO, I DON'T BELIEVE SO. THIS IS JUST
TO LOOK AT WHAT DATA WE DO HAVE NOW AND SEE IF THE PROGRAM CAN BE
IMPROVED.
MS. WALSH: OKAY. VERY GOOD. WILL THE MINORITY
LEADER OF THE ASSEMBLY GET A COPY OF THAT REPORT WHEN IT'S -- WHEN IT'S
COMPLETED?
MR. PRETLOW: I'M PRETTY SURE IT WILL BE ON THE --
ON THE WEBSITE.
MS. WALSH: OKAY.
MR. PRETLOW: EVERYBODY WILL GET IT, INCLUDING
YOU AND I.
MS. WALSH: WELL, THAT'S GREAT. SO IT -- IT DID SAY AT
LINE 30 THAT IT WOULD BE -- IT WOULD GO TO THE GOVERNOR AND THE
LEGISLATURE. I JUST -- WHEN IT JUST SAYS "LEGISLATURE" I NEVER KNOW
WHETHER IT MEANS JUST THE MAJORITY OR IF IT'S ALL OF US, SO I'M HAPPY TO
HEAR WE'LL HAVE SOME LIGHT READING TO DO IN 2027. THAT'S GREAT,
WONDERFUL.
ALL RIGHT. WELL, THANK YOU VERY MUCH, CHAIR.
MADAM SPEAKER, ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MS. WALSH: SO I -- I GENERALLY DON'T HAVE A BIG
180
NYS ASSEMBLY MAY 7, 2025
PROBLEM WITH CONDUCTING STUDIES. I MEAN WE -- WE AUTHORIZE THEM ALL
THE TIME HERE IN THE ASSEMBLY. UNFORTUNATELY THE GOVERNOR HAS A
PRETTY STRONG HISTORY OF VETOING AN AWFUL LOT OF THE STUDIES THAT -- THAT
WE PASSED MANY TIMES UNANIMOUSLY IN OUR BODY, SO I FIND IT
INTERESTING THAT THIS STUDY IS REALLY BEING CONDUCTED AT HER REQUEST,
ACCORDING TO THE -- THE ANSWERS GIVEN BY THE CHAIR, WHICH I APPRECIATE.
I THINK WE -- I DEFINITELY BELIEVE THAT THERE ARE SOME
REAL PROBLEMS WITH THE MWBE PROGRAM. OUR LOCAL PAPER, THE TIMES
UNION DID A SERIES OF ARTICLES. AND THEN A COLLEAGUE OF MINE AND I
DEFINITELY PICKED UP THE ISSUE WHEN WE WENT THROUGH ALL THE BUDGET
HEARINGS EARLIER THIS YEAR TALKING ABOUT A NUMBER OF ISSUES, AND A REAL
BACKLOG OF CASES AND POSSIBLY A -- A BIAS, REALLY, ESPECIALLY TOWARDS
CERTAIN WOMEN WHO ARE WHITE, WHO ARE IN TRADITIONALLY MAYBE WOULD
BE CONSIDERED TO BE MALE INDUSTRIES, LIKE CONSTRUCTION AND WHO ARE --
WERE BEING AND ARE BEING PUT THROUGH A LOT OF ADDITIONAL HOOPS AND ARE
BEING TURNED DOWN, SO THAT REMAINS A REAL CONCERN OF MINE. I WOULD
LIKE TO JUST STATE FOR THE RECORD THAT I -- I -- ALTHOUGH IT'S A LITTLE BIT
VAGUE IN THE -- IN THE BUDGET LANGUAGE ABOUT IMPROVING THE
EFFECTIVENESS OF THE -- OF THE MWBE PROGRAM IS WHAT IT SAYS, BUT
IMPROVING THE EFFECTIVENESS I HOPE ALSO LOOKS AT TAKING A LOOK AT SOME
OF THE INEQUITIES THAT ARE IN A SYSTEM THAT IS SUPPOSED TO BE ADDRESSING
INEQUITY, IRONICALLY. SO I WOULD JUST LIKE TO MENTION THAT THERE ARE A
NUMBER OF REALLY GOOD BILLS THAT ARE ALREADY -- THAT HAVE ALREADY BEEN
INTRODUCED THAT OUR ASSEMBLY COULD TAKE -- COULD TAKE UP AT ANY TIME,
WHICH I THINK WOULD DO A LOT TOWARDS IMPROVING THE EFFECTIVENESS OF
181
NYS ASSEMBLY MAY 7, 2025
MWBE.
ONE WOULD PROVIDE A REBUTTABLE PRESUMPTION RELATING
TO RECERTIFICATION AS AN MWBE IF THERE'D BEEN NO CHANGE IN OWNERSHIP
OF THE ENTERPRISE AND NO MATERIAL CHANGE IN THE NATURE OR MANAGEMENT
OF THE ENTERPRISE FOR THE TIME THAT THE APPROVAL OF THE PREVIOUS MWBE
WAS GIVEN AND WAS CERTIFIED.
SO, IN OTHER WORDS, IF YOU'VE ALREADY BEEN CERTIFIED AS
AN MWBE AND NOTHING HAS CHANGED, WHY SHOULD YOU HAVE TO BASICALLY
REINVENT THE WHEEL FOR MWBE? WHY SHOULDN'T THERE BE A REBUTTABLE
PRESUMPTION THAT YOU GET APPROVED AGAIN? I MEAN THAT JUST MAKES
SENSE, AND THAT WOULD MOVE THINGS ALONG FOR A LOT OF BUSINESSES WHO
HAD BEEN PREVIOUSLY CERTIFIED AND THEN ONLY TO FIND OUT THAT THERE WAS
-- THAT THEIR RECERTIFICATION WAS BEING MIRED DOWN IN A LOT OF
BUREAUCRACY. I THINK THAT THERE ARE OTHER BILLS THAT WE COULD DO RIGHT
NOW. SO I HATE THE FACT THAT WE WERE WAITING AND WAITING AND WAITING
FOR THIS DISPARITY STUDY TO BE CONCLUDED BEFORE WE COULD TAKE ANY
ACTION. NOW WE'RE GOING TO HAVE A FURTHER STUDY THAT'S NOT GOING TO BE
DUE UNTIL 2027 AND I WOULD HATE TO THINK THAT THAT MIGHT IN SOME WAYS
STYMIE OR CREATE A ROADBLOCK TO THIS BODY TAKING REALLY APPROPRIATE
ACTION, REALLY JUST COMMONSENSE ACTION. SO I HOPE THAT -- YOU KNOW,
I'M ALL FOR IMPROVING EFFICIENCY. I'M ALL FOR STUDYING THINGS AND
BRINGING IN SOMEBODY FROM THE OUTSIDE MAYBE WITH A FRESH PAIR OF EYES
WOULD BE A GOOD IDEA, BUT I THINK THAT IN THE MEANTIME WE'VE GOT SOME
THINGS THAT WE CAN DO RIGHT NOW THAT I THINK WILL DEFINITELY MOVE THINGS
AHEAD IN A POSITIVE DIRECTION FOR THIS PROGRAM.
182
NYS ASSEMBLY MAY 7, 2025
SO I WILL BE -- I WILL BE SUPPORTING THIS BILL OVERALL,
BUT I DID WANT TO SPEAK ON THAT PARTICULAR ISSUE.
THANK YOU VERY MUCH, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MR. JENSEN.
MR. JENSEN: THANK YOU, MADAM SPEAKER. WILL
THE SPONSOR YIELD FOR A HANDFUL OF QUESTIONS?
ACTING SPEAKER HUNTER: WILL THE CHAIR
YIELD?
MR. PRETLOW: THAT TRANSLATES TO FIVE, CORRECT?
YES, I WILL YIELD.
ACTING SPEAKER HUNTER: THE CHAIR YIELDS.
MR. JENSEN: THANK YOU VERY MUCH, CHAIRMAN
PRETLOW.
I WANT TO FOCUS ON PART Z OF THIS BILL, PREDOMINANTLY
THE PHARMACY BENEFIT MANAGER REBATE TRANSPARENCY LANGUAGE, AND I'LL
GIVE TIME FOR YOUR DEDICATED STAFF TO MAKE THEIR WAY DOWN.
I GUESS WHAT WAS THE GENESIS AND THE REASONING FOR
THIS BEING INCLUDED IN THE BUDGET LANGUAGE?
(CONFERENCING)
MR. PRETLOW: IT'S AN ATTEMPT TO PROVIDE GREATER
TRANSPARENCY.
MR. JENSEN: SO UNDERSTANDING THAT FROM -- FROM
READING THE LANGUAGE, BUT HOW WOULD DISCLOSING THE DETAILS OF THE
TERMS OF THE CONTRACT BETWEEN THE PBMS AND MANUFACTURERS HAVE ANY
183
NYS ASSEMBLY MAY 7, 2025
BENEFIT TO NEW YORKERS, ESPECIALLY IF THIS DATA IS NOT GOING TO BE
AUTOMATICALLY PUBLISHED ON A DOH WEBSITE?
MR. PRETLOW: RIGHT. SO YOUR QUESTION IS WHY ARE
WE DOING THIS?
MR. JENSEN: YEAH. HOW DOES THIS HAVE ANY -- YOU
KNOW, CERTAINLY YOU TALKED ABOUT WE HAVE TO INCREASE TRANSPARENCY --
MR. PRETLOW: RIGHT.
MR. JENSEN: -- BUT HOW WOULD NEW YORKERS
KNOWING PROPRIETARY CONTRACT LANGUAGE BETWEEN PBMS AND
MANUFACTURERS MAKE ANY DIFFERENCE ON THE WAY NEW YORKERS LIVE THEIR
LIVES OR GO ABOUT THEIR DAY?
MR. PRETLOW: WELL, THE THING IS THE MORE
OPPORTUNITIES TO MAKE AN INFORMED CHOICE AND TO SEE IF THE ENTITY THAT
THEY'RE DEALING WITH IS OVERCHARGING THEM.
MR. JENSEN: BUT HOW WOULD NEW YORKERS KNOW
JUST FROM LOOKING AT -- THEY WOULDN'T HAVE ACCESS TO THIS DATA BECAUSE
DOESN'T THE LANGUAGE ALSO SAY THAT IT'S UP TO THE DISCRETION OF THE HEALTH
COMMISSIONER WHETHER OR NOT TO PUBLISH THIS DATA? SO IF IT'S NOT GOING
TO BE AUTOMATICALLY PUBLISHED, WHY ARE WE REQUIRING THE MANUFACTURERS
AND THE PBMS TO HAVE TO TURN OVER THIS DATA WHEN NEW YORKERS MAY
NOT EVEN KNOW THAT IT EXISTS OR OUT THERE, AND IF THEY DID, EVEN HOW TO
APPROPRIATELY READ IT TO UNDERSTAND THE NUANCE NEGOTIATIONS IN DRUG
PRICING?
MR. PRETLOW: WELL, I THINK THE EXECUTIVE FEELS
IT'S IN THE BEST INTEREST OF THE STATE THAT WE AT LEAST MAKE THE ATTEMPT TO
184
NYS ASSEMBLY MAY 7, 2025
MAKE THIS INFORMATION AVAILABLE AND BEING MORE TRANSPARENT. YOU
KNOW, WE MAKE A LOT OF THINGS AVAILABLE THAT THE CONSUMERS GENERALLY
DON'T AVAIL THEMSELVES TO OR DON'T KNOW EXIST. ONE EXAMPLE THAT
COMES TO MY MIND IS WHEN WE HAVE RETAIL PRICES ON PRESCRIPTION DRUGS.
MOST PEOPLE HAVE NO IDEA WHAT THE RETAIL PRICE OF PRESCRIPTION DRUGS
ARE IF THEY HAVE INSURANCE. IF THEY DON'T HAVE INSURANCE THEY DON'T
KNOW IF THEY'RE BEING RIPPED OFF OR NOT BY THEIR -- BY THEIR PHARMACIST
OR THE DRUGGIST, BUT WE DO MAKE PROVISIONS THAT THAT BE MADE AVAILABLE
AND EVERY PHARMACY YOU GO INTO NOW THEY SAY IF YOU WANT THE RETAIL
PRICE IT'S AVAILABLE. THEY DON'T (INDISCERNIBLE) BECAUSE THERE'S SO MANY
DIFFERENT DRUGS, AND THERE'S GENERICS AND THEIR NAME BRAND AND, YOU
KNOW, THE WHOLE -- THE WHOLE WORKS --
MR. JENSEN: BUT --
MR. PRETLOW: -- BUT WE DO WANT TO MAKE AS MUCH
AVAILABLE TO THE PUBLIC AS POSSIBLE.
I THINK I UNDERSTAND YOUR POINT IN SAYING THAT THEY
MAY NOT KNOW WHAT THEY'RE LOOKING AT, AND THAT IS A POSSIBILITY, BUT
THERE USUALLY IS SOMEONE THAT WOULD BE AVAILABLE THAT WOULD BE ABLE TO
FIGURE OUT WHAT THEY'RE LOOKING AT, WHAT IT MEANS.
MR. JENSEN: AND I CAN UNDERSTAND ALL THAT AND I
CAN RESPECT THAT. HOWEVER, IN OUR STATE 96 PERCENT OF ALL NEW YORKERS
HAVE HEALTH INSURANCE. AND FROM MY OWN EXPERIENCE WHEN I GO TO MY
PRIMARY CARE PROVIDER OR A SPECIALIST AND I'M PRESCRIBED A MEDICATION,
I'M NOT WALKING INTO MY PHARMACIST AND SAYING, WELL, LET ME SEE, YOU
KNOW, THE (INDISCERNIBLE) -- LET ME SEE ALL THE PRICING INFORMATION. NO.
185
NYS ASSEMBLY MAY 7, 2025
I'M GOING TO PICK UP THE PRESCRIPTION THAT MY PROVIDER HAS DEEMED IS
THE BEST TO TREAT WHATEVER AILMENT, ILLNESS WHAT MAY YOU, WHAT MAY
HAVE BROUGHT ME IN THERE. SO MY CONCERN IS THAT WE'RE PUTTING AN ONUS
AND -- AND EXTRA REGULATORY BARRIERS BOTH ON THE PBMS AND ON
MANUFACTURERS, WHICH 60 PERCENT OF ALL BIOTECHNOLOGY INNOVATION IS
HAPPENING IN THE STATE PROVIDES, YOU KNOW, AN ONEROUS REGULATORY
REQUIREMENT WITHOUT ANY CLEAR PUBLIC BENEFIT, NO PUN INTENDED.
MR. PRETLOW: WELL, DFS IS ACTUALLY THE ENTITY
THAT DOES UNDERSTAND ALL OF THIS AND THEY'RE THE ONES THAT WILL BE THE
ULTIMATE RECIPIENT OF THE INFORMATION, AND THEY'LL MAKE DECISIONS BASED
ON WHAT THEIR FINDINGS ARE.
MR. JENSEN: WELL, AND I APPRECIATE YOU FOR
BRINGING UP DFS, BUT ALREADY DFS CAN REQUEST THE TERMS OF THE
CONTRACTS BETWEEN THE MANUFACTURERS AND THE PBMS. SO THERE ALREADY
IS A MECHANISM FOR THE STATE AGENCY THAT REGULATES THIS INDUSTRY TO GET
THIS INFORMATION IF THEY DO BELIEVE THERE IS FUNNY BUSINESS GOING ON.
SO, ONCE AGAIN, IT ONLY REENFORCES WHY I THINK THIS IS ONEROUS
REGULATION THAT IS NOT NEEDED.
MR. PRETLOW: THE INFORMATION IS NEEDED AND
YOU'RE RIGHT. THEY COULD DO THAT NOW, BUT THIS ACTUALLY CODIFIES IT AND
MAKES IT MORE PERTINENT.
MR. JENSEN: OKAY. SHIFTING GEARS ON PART II ON THE
DASNY PUBLIC EMPLOY -- OR PUBLIC LIBRARY'S AUTHORIZATION,
UNDERSTANDING THAT THIS PORTION WAS INTENTIONALLY OMITTED TO ALLOW
DASNY TO ASSIST PUBLIC LIBRARIES AND PROVIDING FINANCING CONSTRUCTION
186
NYS ASSEMBLY MAY 7, 2025
ASSISTANCE FOR LIBRARIES THAT ARE CHARTED BY THE BOARD OF REGENTS. WHY
WAS THIS INTENTIONALLY OMITTED, ESPECIALLY WHEN WE'VE PASSED
LEGISLATION PREVIOUSLY IN THIS BODY - I MYSELF CARRIED TWO OF THEM LAST
YEAR - TO ALLOW FOR DASNY TO HELP WITH SOME OF THE FINANCING AND
INSTITUTIONAL GUIDANCE ON CONSTRUCTION AND RENOVATION PRODUCTS -- OR
PROJECTS?
MR. PRETLOW: THIS IS USUALLY APPROVED ON A
CASE-BY-CASE BASIS. WE GIVE DASNY THE PERMISSION TO NEGOTIATION
WITH THE LIBRARIES INDIVIDUALLY. SO, JUST LIKE I SAID, IT'S DONE ON A
CASE-BY-CASE BASIS.
MR. JENSEN: SO WE'D RATHER CONTINUE TO SEE THE
MEMBERS BRING THEIR -- BRING THEIR ONE-OFF BILLS AND MOVE THROUGH THE
CHAMBER THROUGH THE HOME RULE PROCESS.
MR. PRETLOW: YES.
MR. JENSEN: OKAY. THANK YOU VERY MUCH, MR.
CHAIRMAN. I APPRECIATE YOUR ANSWERS. THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MR. BOLOGNA.
MR. BOLOGNA: THANK YOU VERY MUCH, MADAM
SPEAKER. WOULD THE SPONSOR YIELD FOR A COUPLE OF QUESTIONS, PLEASE?
ACTING SPEAKER HUNTER: WILL THE CHAIR
YIELD?
MR. PRETLOW: YES.
ACTING SPEAKER HUNTER: THE CHAIR YIELDS.
MR. BOLOGNA: THANK YOU VERY MUCH. MY
187
NYS ASSEMBLY MAY 7, 2025
QUESTIONS ARE GOING TO BE DIRECTED TOWARDS THE BUY-NOW-PAY-LATER, THE
PART Y. I'LL GIVE YOUR STAFF A COUPLE MINUTES TO GET OVER.
(PAUSE)
SO IN THE BUY-NOW-PAY-LATER LENDING, I GUESS MY
QUESTION IS WHO'S -- WHAT GROUPS ARE ASKING FOR THIS? WHO -- WHO IS
THIS INTENDED FOR, WHAT IS THE INTENT OF THIS LEGISLATION?
MR. PRETLOW: WELL, THIS IS SOMETHING DONE IN THE
-- IN THE CONSUMER PROTECTION. SOME PEOPLE FALL INTO TRAPS, AND WE FEEL
THAT THIS PROTECTS THEM.
MR. BOLOGNA: SO ARE YOU SAYING THAT THERE --
WHO HAS BEEN VICTIMIZED BY BUY-NOW-PAY-LATER? IS THERE --
MR. PRETLOW: WELL, MANY PEOPLE ARE AFFECTED.
YOU KNOW, YOU GO ON A -- AN AMAZON SITE AND YOU WANT TO PURCHASE A
PAIR OF SUNGLASSES AND THEY'RE -- AND THEY'RE $12 AND THEY GIVE YOU
MAKE THREE EQUAL PAYMENTS OR -- OR WHATEVER. THAT'S BUYING NOW,
PAYING LATER.
MR. BOLOGNA: OKAY. SO THEY'RE -- ACTUALLY I'M
GOING TO KIND OF SWITCH UP MY QUESTIONS A LITTLE BIT HERE BECAUSE YOU
ACTUALLY BRING UP A GOOD POINT WITH THE AMAZON.
WOULD -- WOULD AMAZON BE THE ENTITY THAT IS GIVING
THE BUY-NOW-PAY-LATER BECAUSE I THOUGHT THAT SOMEONE FROM AMAZON
WOULD BE EXEMPT, BECAUSE THEY'RE THE ENTITY DOING THE FINANCING,
CORRECT? CAUSE THE --
MR. PRETLOW: THERE -- THERE ARE THIRD-PARTIES AND
SOMETIMES IT'S JEFF THEMSELVES.
188
NYS ASSEMBLY MAY 7, 2025
MR. BOLOGNA: OKAY. SO THERE ARE A NUMBER OF
EXEMPT ORGANIZATIONS IN THE LEGISLATION PRIMARILY FOREIGN NATIONAL,
FOREIGN OUTSIDE AS WELL, BUT LIKE FEDERALLY-CHARTERED ORGANIZATIONS.
THOSE ARE GENERALLY WHAT THE EXEMPTIONS ARE. SO IT IS MY
UNDERSTANDING THAT THESE WERE -- THESE WERE REQUIREMENTS WOULD REALLY
ONLY APPLY TO NEW YORK STATE-CHARTERED INSTITUTIONS, CORRECT?
MR. PRETLOW: YES.
MR. BOLOGNA: OKAY. IS THERE ANY CONCERN THAT
PLACING ADDITIONAL BURDENS ON NEW YORK-CHARTERED INSTITUTIONS, YOU
KNOW, THEY'RE DWINDLING AS IS, THAT THIS IS ONLY GOING TO KIND OF
EXACERBATE THAT PROBLEM?
MR. PRETLOW: WELL, THEY'RE DWINDLING BECAUSE
WE HAVE STRONG CONSUMER PROTECTIONS AND WE DON'T ALLOW BANKS TO USE
USER'S INTEREST SO THEY GO OUT TO THE MIDWEST LIKE WYOMING AND
MINNESOTA WHERE THE LAWS ARE A LOT LAXER AND BANKING INSTITUTIONS AND
FINANCIAL INSTITUTIONS HAVE MORE LEEWAY INTO... I USE THE TERM "HURTING"
BECAUSE IT'S HURTING CONSUMERS FOR SAKE OF PROFIT.
MR. BOLOGNA: I UNDERSTAND. THANK YOU. SO FOR
-- ALSO FOR CLARIFICATION, IT'S LOOKING LIKE THERE ARE SEVERAL CATEGORIES
HERE FOR THE BUY-NOW-PAY-LATER LOANS. AM I CORRECT IN ASSUMING THAT --
THAT A BUY-NOW-PAY-LATER CAN SERVICE MORE THAN ONE CATEGORY WITH ONLY
ONE APPLICATION? OR ONE LICENSURE I GUESS IS WHAT I'M SAYING? IN OTHER
WORDS, HERE THERE'S THREE CATEGORIES. THERE IS BUY-NOW-PAY-LATER ZERO
INTEREST. BUY-NOW-PAY-LATER INSTALLMENT, AND THEN ANY SUBSET OF
BUY-NOW-PAY-LATER. SO IF SOMEONE APPLIES FOR A LICENSE OR -- LICENSE
189
NYS ASSEMBLY MAY 7, 2025
FOR ONE OF THOSE, DO THEY HAVE TO APPLY FOR ALL OF THEM OR IS THAT ONE
LICENSE --
MR. PRETLOW: THEY USE ONE -- ONE LICENSE.
MR. BOLOGNA: ONE LICENSE? OKAY.
I DO WANT TO GO BACK TO THE DEFINITION OF THE QUOTE,
"BUY-NOW-PAY-LATER LOAN." IN THE TEXT IT SAYS THAT IT MEANS A
CLOSED-ENDED CREDIT PROVIDED TO A CONSUMER IN CONNECTION WITH SUCH
CONSUMER'S PARTICULAR PURCHASE OF GOODS OTHER THAN A MOTOR VEHICLE.
WHY JUST MOTOR VEHICLES? WHY IS -- JUST LIKE A MORTGAGE IS TECHNICALLY
A CLOSED-ENDED CREDIT.
MR. PRETLOW: WELL, BECAUSE THE AUTOMOBILE
INDUSTRY IS ALREADY REGULATED.
MR. BOLOGNA: OKAY.
MR. PRETLOW: WHERE OTHERS -- WHERE OTHERS
AREN'T.
MR. BOLOGNA: OKAY. SO I GUESS THE WAY I'M
READING THIS, THOUGH, IS THAT IF YOU -- A MORTGAGE LENDER NOW HAS TO GET
A LICENSE.
MR. PRETLOW: SAY THAT AGAIN, PLEASE. I DIDN'T
UNDERSTAND.
MR. BOLOGNA: OKAY. WHAT I'M SAYING, IT SAYS
RIGHT HERE, BUY-NOW-PAY-LATER LOAN MEANS CLOSED-ENDED CREDIT
PROVIDED TO CONSUMER. A MORTGAGE COULD TECHNICALLY BE A
CLOSED-ENDED CREDIT BECAUSE THERE'S A DEFINITIVE END -- DEFINITIVE START
DATE, DEFINITIVE END DATE. IT'S NOT LIKE IT'S A CREDIT CARD.
190
NYS ASSEMBLY MAY 7, 2025
MR. PRETLOW: RIGHT.
MR. BOLOGNA: SO TECHNICALLY, ACCORDING TO THIS,
IS A MORTGAGE BUY-NOW-PAY-LATER?
MR. PRETLOW: WELL, THIS IS WHAT WE'RE TRYING TO
OVERSEE IS BUYING NOW, PAYING LATER. WHETHER IT IS INTEREST OR NOT
INTEREST, OR WHETHER IT'S A CLOSED-END LOAN, WHETHER IT'S AN OPEN-END
LOAN. WE'RE JUST LOOKING -- LOOKING AT IT AS AN ENTITY THAT'S SELLING
SOMETHING OVER TIME UNLICENSED.
LIKE, I'LL JUST GIVE YOU AN EXAMPLE AND I HOPE WE --
DO YOU REMEMBER, LIKE, A FEW YEARS -- SEVERAL YEARS AGO WHEN YOU BUY
A CELL PHONE THEY WOULD TRY TO SELL YOU INSURANCE FOR YOUR PHONE --
MR. BOLOGNA: YES.
MR. PRETLOW: -- AND THEN IT WAS DEEMED THAT
THOSE INDIVIDUALS THAT WORKED BEHIND THE COUNTER REALLY SHOULD HAVE
BEEN INSURANCE AGENTS OR BROKERS AND THEY WEREN'T --
MR. BOLOGNA: MM-HMM.
MR. PRETLOW: -- AND THEY WERE ACTUALLY BREAKING
THE LAWS SO NOW THEY CHANGED IT FROM INSURANCE POLICIES -- IT'S THE
SAME THING -- THEY'LL FIX YOUR PHONE IF YOU DROP IT BUT NOT REALLY
BECAUSE NO ONE EVER COLLECTS ON THOSE POLICIES, BUT -- BUT THEY CALL IT,
YOU KNOW, SOMETHING ELSE, THEY JUST CHANGED THE NAME OF IT. WHAT
WE'RE TRYING TO DO IS JUST KEEP OUR CONSUMERS AS INFORMED AND AS SAFE
AS POSSIBLE.
MR. BOLOGNA: OKAY. THAT'S AN -- THAT'S AN
ADMIRABLE -- ADMIRABLE TASK. I JUST -- I GUESS THE OPEN-ENDED DEFINITION
191
NYS ASSEMBLY MAY 7, 2025
OF IT IS A LITTLE CONCERNING BECAUSE, YOU KNOW, IT -- IT -- IT -- THERE'S
QUESTIONS WITH REGARDS TO WHO ACTUALLY NEEDS TO APPLY FOR A LICENSE AND
WHO -- WHO DOESN'T.
SO ASSUMING THESE REQUIREMENTS APPLY TO BANKING
ORGANIZATIONS THAT PROVIDE BUY-NOW-PAY-LATER SERVICES TO INDIVIDUALS
RESIDING IN OTHER STATES, THE QUESTION THEN BECOMES, IS THERE A CONCERN
THAT THIS COULD VIOLATE THE COMMERCE CLAUSE? SEEMS TO ME THAT THIS --
THIS PROPOSAL COULD INADVERTENTLY REGULATE INTERSTATE COMMERCE. HAS
THAT BEEN DISCUSSED AT ALL?.
MR. PRETLOW: WELL, THERE'S -- THAT'S A NO.
MR. BOLOGNA: OKAY.
MR. PRETLOW: BUT THE DFS WOULD BE THE ONE THAT
WOULD DETERMINE AND MAKE THE REGULATIONS AS TO WHO HAS TO -- WHO
QUALIFIES AND WHO DOESN'T, WHO SHOULD GET THIS PARTICULAR LICENSE OR
WHO DOESN'T REALLY NEED IT.
MR. BOLOGNA: OKAY. AND THEN AS FAR AS DFS IS
CONCERNED AND THE GUIDANCE WE'RE GIVING DFS WITHIN -- WITHIN THE TAX
TIER, I'M CURIOUS AS TO WHY THE PAYABLE AND FOR -- OR FEWER INSTALLMENTS
WHICH WAS IN THE SENATE ONE-HOUSE, IS THERE A REASON THAT THAT WAS
REMOVED FROM THE FINAL BUDGET HERE?
MR. PRETLOW: THE NUMBER OF (INDISCERNIBLE) IS
REALLY AN ARBITRARY NUMBER, SO THERE WAS SOME DISAGREEMENT BETWEEN
THE THREE PARTIES DURING NEGOTIATIONS SO IT WAS TAKEN OUT. IT WASN'T
INCLUDED.
MR. BOLOGNA: WELL, I'M NOT SURE HOW ARBITRARY IT
192
NYS ASSEMBLY MAY 7, 2025
WAS AND THE REASON I BRING THAT UP IS BECAUSE THE CONSUMER -- THE
FEDERAL CONSUMER FINANCE PROTECTION BUREAU DEFINES BUY NOW, PAY --
BUY-NOW-PAY-LATER LOANS AS CLOSED AND INSTALLMENT LOANS THAT ARE
PAYABLE IN FOUR INSTALLMENTS. SO WOULDN'T IT MAKE SENSE THEN TO USE AT
LEAST SIMILAR LANGUAGE TO WHAT THE FEDS REGULATE IT AS?
MR. PRETLOW: WE'RE LOOKING AT SOME HAVE MANY
AS 12 INSTALLMENTS, YOU KNOW, OVER -- OVER THE COURSE OF A YEAR, YOU
PAY OVER A YEAR, SO IT'S ARBITRARY WHAT YOU'RE REFERRING TO.
MR. BOLOGNA: OKAY. IS THERE ANY CONCERN THAT
THERE MIGHT BE A CONFLICT WITH -- WITH FEDERAL REGS SUCH AS THE
CONSUMER FINANCE PROTECTION BUREAU'S REGULATION LIKE UNDER THE --
LIKE THE TRUTH IN LENDING ACT. IS THERE ANY CONFLICTS THAT COULD ARISE
HERE?
(CONFERENCING)
MR. PRETLOW: OUR LANGUAGE IS STRONGER THAN THE
LANGUAGE UNDER FEDERAL LEVEL AND THAT'S WHY WE'RE PUSHING THIS.
MR. BOLOGNA: OKAY.
MR. PRETLOW: WE'RE -- WE'RE ALREADY SUBJECT TO
WHAT THE FEDERAL GOVERNMENT SAID. WE'RE STRENGTHENING THEIR
LANGUAGE.
MR. BOLOGNA: GOT IT. OKAY. SO COUPLE MORE
QUESTIONS HERE.
I SEE THAT LENDERS IN HERE WILL BE REQUIRED TO DISCLOSE
THEIR REASONABLE RISK BASE UNDERWRITING. ARE YOU AWARE OF ANY OTHER
LOANS IN NEW YORK STATE THAT WOULD REQUIRE A LENDER TO DISCLOSE WHAT
193
NYS ASSEMBLY MAY 7, 2025
COULD POTENTIALLY BE PROPRIETARY UNDERWRITING PRACTICES? IS THERE -- I
FEAR THAT WE'RE SETTING A PRECEDENT HERE.
MR. PRETLOW: NO, I'M NOT, BUT THAT'S BECAUSE -- I
THINK THAT'S BECAUSE OF THE SMALL AMOUNTS THAT WE'RE DEALING WITH AND
THE LARGER INTEREST PAYMENTS THAT ARE REQUIRED.
MR. BOLOGNA: OKAY. THE LEGISLATION -- WE'RE
TALKING -- WE'RE PUTTING A LOT ON DFS. I MEAN IF YOU GO THROUGH THIS IS
A PRETTY DENSE PIECE OF LEGISLATION. SO WE'RE ACTUALLY ASKING A LOT OF
DFS AND THIS IS PRETTY DENSE AND PRETTY COMPLICATED.
SO I GUESS ANOTHER QUESTION I WOULD HAVE IS, ARE WE
PROVIDING DFS WITH ANY ADDITIONAL RESOURCES THAT THEY MAY NEED TO
COME UP WITH REGS ON THIS? I DIDN'T SEE ANY IN THE -- IN THE BILL TEXT. I
DON'T KNOW IF THAT'S ANOTHER PORTION OF THE BUDGET.
MR. PRETLOW: WELL, NO, BUT WE'RE -- WE'RE UNDER
-- UNDER THE IMPRESSION THAT THIS CAN BE FULFILLED BY THE EXISTING
RESOURCES.
MR. BOLOGNA: YOU HAVE GREATER FAITH THAN I DO.
UNDER CURRENT LAW, LICENSE -- LICENSEES -- SORRY, UNDER
CURRENT LAW CREDIT LICENSURES ARE CAPPED AT 25 PERCENT. ACCORDING TO
THE TEXT HERE, BUY-NOW-PAY-LATER ARE GOING TO BE CAPPED AT 16 PERCENT
INTEREST RATE. WHY THE DISPARITY?
MR. PRETLOW: BECAUSE THE AMOUNTS THAT WE'RE
DEALING WITH ARE SO SMALL.
MR. BOLOGNA: OKAY, BUT I MEAN THAT'S FINE, BUT IF
WE'RE TALKING ABOUT LIKE, YOU KNOW, I THINK YOU USED THE EXAMPLE A
194
NYS ASSEMBLY MAY 7, 2025
$12 PAIR OF SUNGLASSES AT AMAZON. I MEAN, WHY ARE WE DOING A, YOU
KNOW, AN ANNUALIZED LOAN RATE FOR SOMETHING THAT'S $12?
MR. PRETLOW: BECAUSE THAT'S HOW FINANCE WORKS.
I MEAN WHEN YOU -- WHEN YOU WRITE A CHECK -- WE DON'T WRITE CHECKS
ANYMORE, BUT YOU KNOW HOW THEY PLAY THE FLOAT?
MR. BOLOGNA: YES.
MR. PRETLOW: THE BANKS MAKE BILLIONS OF DOLLARS
JUST ON YOUR CHECK FROM YOUR BANK GETTING TO MY BANK OVER NIGHT. SO
EVEN THOUGH WE'RE DEALING WITH SMALL NUMBERS, THE AGGREGATE OF THOSE
NUMBERS IS ENORMOUS IN MANY CASES.
MR. BOLOGNA: OKAY. THE FINAL QUESTION I HAVE IS
IT'S MY UNDERSTANDING THAT -- THAT YOU WILL BE THE FIRST STATE TO REGULATE,
FULLY REGULATE I SHOULD SAY BUY-NOW-PAY-LATER. SO THERE'S -- TALKING TO
-- TO FINANCIAL INSTITUTIONS, THERE IS A LOT OF CONFUSION ON WHAT WE'RE
GIVING TO DFS TO COME UP WITH REGULATIONS FOR THIS. SO I GUESS, WHY
NOW? WHY IN THIS BUDGET? I MEAN IT FEELS A LITTLE RUSHED. IS THERE A
REASON THAT WE KIND OF PUSHED THIS THROUGH INTO THIS POINT? LIKE,
WHAT'S -- WHAT'S THE IMPETUS OF THIS?
MR. PRETLOW: IT WAS PROBABLY AN IDEA WHOSE
TIME HAS COME.
MR. BOLOGNA: I'LL TAKE THAT. WELL, THAT YOU VERY
MUCH, MR. PRETLOW.
MADAM SPEAKER, ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. BOLOGNA: SO I DEFINITELY THINK WE CAN ALL
195
NYS ASSEMBLY MAY 7, 2025
AGREE THAT PROTECTING CONSUMERS IS ESSENTIAL FOR THE HEALTH OF OUR
FINANCIAL SYSTEMS. PREDATORY PRACTICES SHOULD ABSOLUTELY BE
ADMONISHED AND THESE PRACTICES ARE OFTEN THE CATALYST FOR REGULATIONS
THAT NEGATIVELY IMPACT RESPONSIBLE FINANCIAL INSTITUTIONS. AND
EVENTUALLY IMPACTS CONSUMERS, THE VERY PEOPLE WE'RE TRYING TO PROTECT.
THE VAST MAJORITY OF FINANCIAL INSTITUTIONS PROVIDE CONSUMERS WITH
PRODUCTS AND SERVICES THAT MEET THEIR NEEDS, OFFER CREDIT, LOANS AND
OPTIONS THAT ALLOW THEM TO INVEST, PURCHASE NECESSARY PRODUCTS AND
YES, EVEN BUILD CREDIT AND BUILD WEALTH. SO WITH THAT SAID, WHEN
FINANCIAL PRODUCTS BECOME CUMBERSOME OBSTACLES OR UNFEASIBLE FOR
INSTITUTIONS TO PROVIDE, IT'S ULTIMATELY THAT IS THE CONSUMER THAT IS
DENIED ACCESS TO SAFE, LOW CREDIT -- SORRY, LOW COST CREDIT OPTIONS. SO I
FEAR WHAT'S BEGINNING TO HAPPEN HERE IN NEW YORK STATE IS NEW YORK
STATE-CHARTERED INSTITUTIONS ARE SORT OF BEING IN THE CROSSHAIRS WITH
DEATH BY A THOUSAND CUTS. INCREMENTALLY, WE ARE UNLEVELING THE
PLAYING FIELD WITH THE CONSTANT EXEMPTION OF NON-STATE CHARTERED
ORGANIZATIONS. I FEAR WHAT THE IMPLI -- IMPLICATIONS ARE THERE. THESE
EXEMPTIONS ARE, YOU KNOW, SETTING CONCERNING PRECEDENT AND ARE
CHIPPING AWAY AT STATE-CHARTERED ORGANIZATIONS AND ARE FORCING THEM
TO EITHER CLOSE THEIR DOORS OR SWITCH TO A FEDERAL CHARTER.
IN ADDITION I DO HAVE CONCERNS THAT THE TRADITIONAL
PAY AND FOR LANGUAGE HAS BEEN REMOVED FROM THE BUDGET. IF WE'RE IN
FACT GOING TO REGULATE THIS PRODUCT IT WOULD STAND TO REASON THAT WE
INCLUDE ONE OF THE MOST COMMON METHODS OF USAGE IN THE REGULATION.
AND FINALLY I WANT TO MAKE THIS POINT. MANY OF US ARE ACTUALLY
196
NYS ASSEMBLY MAY 7, 2025
REPRESENTING WHETHER IT'S URBAN, LIKE MYSELF, VERY RURAL COMMUNITIES.
THEY ARE VERY UNDERBANKED. YOU KNOW, IN MY COMMUNITIES, YOU
KNOW, PEOPLE HAVE TO TRAVEL 20, 30 MINUTES TO GET TO A FINANCIAL
INSTITUTION. OFTENTIMES WE RELY ON STATE-CHARTERED CREDIT UNIONS AND
STATE-CHARTERED, YOU KNOW, SAVINGS BANKS AND BANKS TO MEET THOSE
FINANCIAL NEEDS. I HAVE A GRAVE CONCERN. I'VE ONLY BEEN HERE FIVE
MONTHS, BUT I CAN ALREADY SEE WHERE -- WHERE THIS IS HEADED. AND I
JUST HAVE GRAVE CONCERNS THAT WE'RE DOING A DISSERVICE AND HURTING OUR
STATE-CHARTERED INSTITUTIONS BECAUSE WE CONSTANTLY ISOLATE THEM AND WE
ARE CONSTANTLY GIVING EXEMPTIONS TO LARGER FEDERAL BANKS.
SO WITH THAT, CHAIR, THANK YOU VERY MUCH FOR
ANSWERING MY QUESTIONS. MADAM SPEAKER, THANK YOU VERY MUCH.
ACTING SPEAKER HUNTER: THANK YOU.
MS. GIGLIO.
MS. GIGLIO: THANK YOU, MADAM SPEAKER. I WILL
SPARE CHAIR PRETLOW AND GO ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL, MA'AM.
MS. GIGLIO: YEAH. SO I WANT TO TALK A LITTLE BIT OF
WHAT MY COLLEAGUE SPOKE ABOUT ABOUT SECTION KK WITH THE
MINORITY-WOMEN BUSINESS ENTERPRISE. AND YOU KNOW, IT'S -- IT'S REALLY
DISHEARTENING TO THINK THAT WE'RE GOING TO HAVE THE DIRECTOR OF THE
DEPARTMENT PUT OUT AN RFP TO AN ENTITY THAT MAY NOT HAVE ANY
FAMILIARITY WITH THE CONSTRUCTION INDUSTRY AS DO -- AS MANY OF THE
PEOPLE THAT ACTUALLY WORK IN THAT OFFICE. THEY DON'T HAVE A FAMILIARITY
WITH THE BUSINESS. AND WOMEN CAN BE IN THE MIDDLE OF A CONTRACT AND
197
NYS ASSEMBLY MAY 7, 2025
FIND OUT THAT THEIR RECERTIFICATION HAS BEEN DENIED LEAVING THE
CONTRACTOR LIABLE TO MAKE UP THAT MWBE PARTICIPATION THAT THEY STARTED
THE CONTRACT WITH AND THAT THEY STARTED THE CONSTRUCTION PROJECT WITH.
AND THESE WOMEN THAT ARE BEING DENIED THEIR RECERTIFICATION ARE HAVING
TO SPEND UP TO $10,000 IN LEGAL FEES TO CHALLENGE THE DENIAL. AND IT'S
JUST NOT FAIR. IT HAPPENED TO FIVE WOMEN IN MY DISTRICT, AND I'M
HEARING FROM PEOPLE ALL OVER THE STATE. AS A WBE AND HAVING MY OWN
CONSTRUCTION COMPANY SINCE 1997, NOW DOING CONSULTING, PEOPLE ARE
CALLING ME. I'M ON THE EXECUTIVE BOARD FOR MY UNION, LOCAL 138
OPERATING ENGINEERS AND I TALK TO A LOT OF PEOPLE IN THE CONSTRUCTION
TRADES AND THEY'RE HAVING TO FILE WAIVERS BECAUSE THEY CAN'T FIND
PARTICIPATION FROM MINORITY OR WOMEN BUSINESS IN THE INDUSTRY AND
THAT'S REALLY DISHEARTENING. I THINK THAT WE REALLY NEED TO INSTEAD OF
HIRING AN ENTITY, WE NEED TO ACCUMULATE A GROUP OF PEOPLE. YOU COULD
EVEN GO TO THE WOMEN THAT WERE DECERTIFIED OR THE MINORITIES THAT WERE
DECERTIFIED AND SAY, WHAT WAS THE PROBLEM IN THE PROCESS AND IT WOULD
BE A VERY SIMPLE FIX AND IT WOULDN'T COST THE STATE ANY MONEY. BUT GO
TO THE PEOPLE THAT IT AFFECTS THE MOST, THOSE ARE THE PEOPLE IN THE
CONSTRUCTION INDUSTRY AND THE MWBES THAT RELY ON THE PROGRAM TO GET
HIRED BY BIGGER CONTRACTORS AND ACTUALLY GET TO WORK, AND THAT NEEDS TO
BE A QUICKER FIX, BECAUSE TWO YEARS IS TOO LONG TO WAIT AND WE NEED TO
DO SOMETHING ABOUT IT SOONER THAN LATER, ESPECIALLY WITH ALL THESE GREAT
PROJECTS THAT WE ARE GOING TO BE SEEING THE STATE OF NEW YORK PUTTING
FORWARD WITH THE WEIGHT LIMITS ON THE ROADS AND -- AND THE
INFRASTRUCTURE THAT'S GOING TO BE NEEDED, THE SEWAGE CONNECTIONS IN
198
NYS ASSEMBLY MAY 7, 2025
SUFFOLK COUNTY AND A LOT OF GREAT THINGS THAT THIS LEGISLATIVE BODY HAS
DONE, BUT WE NEED TO MAKE THESE JOBS AVAILABLE FOR MINORITY WOMEN
BUSINESS ENTERPRISE, HAVE ONE POLICY, ONE CONSISTENT CHECKLIST THAT
THEY USE FOR EVERYBODY REGARDLESS OF THEIR, YOU KNOW, RACE OR COLOR,
BUT JUST HAVE EVERYBODY SCRUTINIZED THE SAME, MAKE SURE THAT THEY'RE
FAMILIAR WITH THE CONSTRUCTION INDUSTRY, GET THEM THEIR MWBES.
AUTOMATIC RENEWAL OF THE CERTIFICATIONS WITH RANDOM AUDITS I THINK IS A
GREAT IDEA THAT MY COLLEAGUE MENTIONED EARLIER, BUT I DON'T THINK WE
NEED TO WAIT TWO YEARS. I DON'T THINK WE NEED TO SPEND MONEY ON AN
ENTITY TO EXAMINE THIS. IT'S -- IT'S REALLY VERY CLEAR AND JUST GO BACK TO
THE BUDGET HEARINGS WHEN WE SPOKE ABOUT THE MWBES AND IT WAS ALL
SAID THERE. AND THEY'RE REALLY VERY SIMPLE FIXES.
SO I -- I APPRECIATE THAT WE'RE DOING SOMETHING ABOUT
IT, BUT I THINK THAT IT'S GOING TO TAKE TOO LONG TO GET IT DONE AND IN THE
INTERIM WE'RE GOING TO LOSE A LOT OF PEOPLE THAT MAY BE INTERESTED IN
TRYING TO GET CERTIFIED OR TRYING TO GET RECERTIFIED.
THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MR. BLUMENCRANZ.
MR. BLUMENCRANZ: THANK YOU, MADAM
SPEAKER. WILL THE SPONSOR YIELD FOR SOME QUESTIONS?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MR. PRETLOW: YES.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
199
NYS ASSEMBLY MAY 7, 2025
MR. BLUMENCRANZ: WITH THE PROVISION X
RELATED TO THE DYNAMIC PRICING. WHAT --- WHAT ENTITIES ARE CURRENTLY
REGULATED IN THIS ITERATION OF THIS LEGISLATION INSIDE THE BUDGET?
MR. PRETLOW: ALL BUSINESSES IN NEW YORK WITH
THE EXCEPTION OF BANKS, INSURANCE COMPANIES, INSURANCE AND
RIDE-SHARE, UBER, LYFT.
MR. BLUMENCRANZ: SO THEY CAN'T USE LOCATIONS
-- IF THEY'RE USING LOCATION SERVICES TO PRICE DYNAMICALLY, THEN THEY'RE
EXEMPT, CORRECT?
MR. PRETLOW: YES.
MR. BLUMENCRANZ: AND IF THEY'RE IN THE
BANKING INDUSTRY OR REGULATED UNDER INSURANCE LAW, CORRECT?
MR. PRETLOW: YEP.
MR. BLUMENCRANZ: SO WHAT ABOUT BANKING
AFFILIATES, AFFILIATED COMPANIES TO FINANCIAL INSTITUTIONS OR COMPANIES
THAT HAVE FORMER RELATIONSHIPS THAT MAKE THEM BANKING AFFILIATES OR
AFFILIATES OF FINANCIAL INSTITUTIONS?
MR. PRETLOW: WELL, THEY'RE -- THEY'RE ALL INCLUDED
IN --
MR. BLUMENCRANZ: IN THE EXEMPTION.
MR. PRETLOW: YES, IN THE EXEMPTION.
MR. BLUMENCRANZ: OKAY. SO AFFILIATE
COMPANIES OF SAY AMERICAN EXPRESS, LIKE TICKETMASTER. WOULD THEY
BE CONSIDERED OR ARGUABLY BE CONSIDERED AN AFFILIATE OF A FINANCIAL
INSTITUTION THAT'S --
200
NYS ASSEMBLY MAY 7, 2025
MR. PRETLOW: THERE WOULDN'T BE -- THEY WOULD
NOT BE CONSIDERED AN AFFILIATE.
MR. BLUMENCRANZ: WHAT ABOUT AFFILIATES -- OR
WHAT ABOUT ANY SUBSIDIARY OF A FINANCIAL INSTITUTION?
MR. PRETLOW: YES.
MR. BLUMENCRANZ: SO SAY RESY OR OTHER
RESERVATION SERVICES OWNED BY BANKING OR CREDIT CARD COMPANIES
WOULD NOT BE --
MR. PRETLOW: THEY -- THEY WOULD -- THEY WOULD
BE -- NO, THEY WOULD BE INCLUDED.
MR. BLUMENCRANZ: WHY WOULD THEY BE
INCLUDED IF THEY'RE OWNED BY A FINANCIAL INSTITUTION?
MR. PRETLOW: NO. WE'RE TALKING TWO DIFFERENT
THINGS. THEY'RE INCLUDED IN THE EXEMPTION.
MR. BLUMENCRANZ: IN THE EXEMPTION, OKAY.
WHERE BESIDES BANKING AND RIDE-SHARE DO YOU SEE THAT
THIS IS THE MOST EGREGIOUS THAT THERE'S A NEED FOR A DISCLOSURE?
MR. PRETLOW: I DON'T KNOW A HUNDRED PERCENT
HOW FACTUAL WHAT I'M GOING TO SAY IS, BUT IT IS MY BELIEF THAT ONLINE
PURCHASES PRICES HAVE CHANGED BASED ON WHO WAS MAKING THE ORDER. IT
HAS NOT HAPPENED TO ME PERSONALLY BUT I HAVE HEARD THAT INDIVIDUALS
HAVE GONE TO THE SAME WEBSITE, SEEN THE SAME ITEM AND THE PRICE WAS
DIFFERENT FOR EACH OF THE INDIVIDUALS THAT WAS LOOKING AT IT. NOW I'M
PRETTY SURE THAT THAT WAS BASED ON SOME ALGORITHM AS HOW THE PEOPLE
DO THEIR PURCHASING AND THE PRICE WAS THEN SHOWN TO THEM TO BE WHAT IT
201
NYS ASSEMBLY MAY 7, 2025
IS.
IF YOU LOOK AT -- THERE'S A WEBSITE CALL TEMU. THEIR
PRICES ARE -- YOU LOOK AT IT ONE DAY AND IT'S A PENNY, THE NEXT DAY IT'S
$12. YOU KNOW, I DON'T KNOW WHAT THAT'S ALL ABOUT BUT MY FORMER
EXAMPLE IS WHAT'S BEEN HAPPENING.
MR. BLUMENCRANZ: SO VALID ANECDOTE. IF I AM
AMAZON AND I HAVE BUSINESS, WHICH AMAZON HAS A LOT OF BUSINESS THAT
WOULD CATEGORIZE ME IN SOME CAPACITY OR ONE OF MY SUBSIDIARIES AS A
FINANCIAL INSTITUTION AND I'M BEING REGULATED AS SUCH, WOULD THEY NOT
BE SUBJECT TO THIS PIECE OF LEGISLATION OR PROVISION OF THE BUDGET?
(CONFERENCING)
MR. PRETLOW: I'M GOING TO READ YOU THE
DEFINITION BECAUSE... ANY FINANCIAL INSTITUTION OR AFFILIATE OF A FINANCIAL
INSTITUTION ALL HAS DEFINED IN U.S. -- IN 15 UNITED STATES CODE 6809 TO
THE EXTENT THAT THE FINANCIAL INSTITUTION OR AFFILIATE IS SUBJECT TO TITLE V
OF THE GRAMM-LEACH-BLILEY ACT 15 -- UNITED STATES CODE §6801 AND
AMENDED FOR THE RULES AND IMPLEMENTATION AND REGULATIONS
PROMULGATED THEREUNDER.
MR. BLUMENCRANZ: SO IT DOES INCLUDE AFFILIATES
OF FINANCIAL INSTITUTIONS.
MR. PRETLOW: YEAH. SO IF THE ENTITY IS SUBJECT TO
THOSE REFERENCES THEN THEY'RE SUBJECT TO THIS DYNAMIC PRICING RULE.
MR. BLUMENCRANZ: WHEN YOU SAY "SUBJECT TO"
-- THE LACK OF CLARITY HERE IS BECAUSE A LOT OF LARGE-SCALE BUSINESSES THAT
MAY OPERATE MAY HAVE SOME PORTION OF THEIR BUSINESS THAT IS SUBJECT
202
NYS ASSEMBLY MAY 7, 2025
TO, OR MAY HAVE AN AFFILIATE THAT IS NOT THAT IS PROVIDING AND HAVING THE
TYPE OF PRICING THAT YOU'RE ENUMERATING NEEDS TO BE DISCLOSED. IT JUST
SEEMS A LITTLE VAGUE AND CATCHALL AND YET ALSO DOES NOT ENCOMPASS
MANY OF THE BUSINESSES THAT ACTUALLY DO THIS PRACTICE.
MR. PRETLOW: SO WHAT I JUST READ IS WHAT
QUALIFIES FOR THE EXEMPTION. IF YOU DON'T FIT THAT CRITERIA THEN YOU'RE NOT
EXEMPT. THAT'S THE EASIEST WAY TO EXPLAIN IT.
MR. BLUMENCRANZ: NOW LET'S SAY A COMPANY
ISN'T EXEMPT. IS IT THE BELIEF THAT THAT VERY DISCLOSURE THAT STATES QUOTE,
"THIS PRICE WAS SET BY AN ALGORITHM USING YOUR PERSONAL DATA WILL
CHANGE PURCHASING BEHAVIOR." IS THERE ANY (INDISCERNIBLE) TO SHOW
THAT?
MR. PRETLOW: WILL THAT HELP THE CONSUMER MAKE
A DECISION?
MR. BLUMENCRANZ: IS THERE OTHER OPTIONS IN
MANY OF THESE CASES, PLACES LIKE TICKETMASTER. THERE ISN'T ANOTHER
PLACE TO GO GET A TICKET.
MR. PRETLOW: WELL, THERE'S VIVID, THERE'S
TICKETMASTER. THERE'S -- THERE'S A LOT OF DIFFERENT PLACES.
MR. BLUMENCRANZ: IT DEPENDS ON IF THEY HAVE
EXCLUSIVE --
(INDISCERNIBLE/CROSSTALK)
MR. PRETLOW: THERE ARE CROOKS, BUT THEY HAVE A
LOT OF DIFFERENT PLACES TO GO.
MR. BLUMENCRANZ: IF IT IS SUCH A BIG PROBLEM
203
NYS ASSEMBLY MAY 7, 2025
THEN WHY NOT SIMPLY BAN THE PRACTICE ENTIRELY? WHY EVEN -- LIKE I
SAID, TICKETMASTER GIVE AN EXCLUSIVE THAT (INDISCERNIBLE) CAN SELL A
TICKET LEGALLY. NOW IT DISCLOSES IT. HOW CAN THAT CHANGE BEHAVIOR
WHEN THERE'S STILL NOT ALLEGED PRACTICES IN CERTAIN EVENTS?
MR. PRETLOW: MR. BLUMENCRANZ, I KNOW YOU'RE
NOT PROPOSING MORE REGULATIONS, ARE YOU?
MR. BLUMENCRANZ: JUST WONDERING IF WE'RE
TRYING TO CLAIM SOMETHING IS DOING SOMETHING. IS IT ACTUALLY DOING THE
THING IT'S CLAIMING TO DO. JUST TRYING TO BE DISINGENUOUS TO THE PEOPLE
OF NEW YORK, RIGHT?
MR. PRETLOW: YES. WE'RE -- WE'RE -- WE'RE JUST
TRYING TO MAKE THINGS FAIR FOR EVERYONE.
MR. BLUMENCRANZ: NOW YOU SAY FAIRNESS. THE
LEGISLATION ITSELF IT HAS A MECHANISM FOR -- AND RECOURSE IF THEY FIND
THAT SOMEONE IS VIOLATING THIS LAW, CORRECT?
MR. PRETLOW: YES.
MR. BLUMENCRANZ: NOW WHAT DOES THAT ENTAIL
IN YOUR READING OF THE BILL?
(CONFERENCING)
MR. PRETLOW: OKAY. THERE'S SUBJECT TO AN
INVESTIGATION BY THE ATTORNEY GENERAL, AND AFTER THAT THEY'RE SUBJECT TO
CIVIL PENALTIES.
MR. BLUMENCRANZ: CIVIL PENALTIES. SO THERE'S
-- IS THERE A PRIVATE RIGHT TO ACTION INVOLVED WITH INDIVIDUALS WHO FEEL
THAT THIS IS HAPPENING UNDER --
204
NYS ASSEMBLY MAY 7, 2025
MR. PRETLOW: NO. I DON'T BELIEVE SO, NO.
MR. BLUMENCRANZ: NO PRIVATE RIGHT TO ACTION?
SO WHAT -- SO WHO -- HOW WOULD CIVIL -- I KNOW THAT THERE'S NO HARM
NEEDED FOR CIVIL PENALTIES, OR NO HARM TO BE PROVEN, SO HOW WOULD
THOSE CIVIL PENALTIES WORK IN THE AG'S OFFICE?
MR. PRETLOW: WELL, THAT'S USUALLY DETERMINED BY
-- BY ACTIONS THROUGH THE ATTORNEY GENERAL'S OFFICE.
MR. BLUMENCRANZ: SORRY. CAN YOU REPEAT THAT?
MR. PRETLOW: I SAID THOSE PENALTIES ARE USUALLY
DETERMINED THROUGH SOME INTERACTION WITH THE ATTORNEY GENERAL'S
OFFICE WHICH WOULD BE THE ENTITY DOING THE INVESTIGATION.
MR. BLUMENCRANZ: AND DO YOU THINK THAT WILL
BE PER OCCURRENCE, OR IS THAT SUPPOSED TO BE JUST IF IT'S HAPPENING AT
ALL?
MR. PRETLOW: IT WOULD PROBABLY BE PER
OCCURRENCE. WE KNOW IT'S HAPPENING, SO WE HAVE TO -- IT'LL BE BY
OCCURRENCE, I BELIEVE.
MR. BLUMENCRANZ: SO THE BILL DOES NOT PROVIDE
A CLEAR THRESHOLD FOR WHEN PRICING SYSTEMS QUALIFY AS ALGORITHMIC.
DOES THIS MEANS THAT BUSINESSES THAT USE AUTOMATED SOFTWARE TO ADJUST
PRICES MUST COMPLY? MANY PEOPLE, ESPECIALLY SMALL BUSINESSES, USE
AND UTILIZE SOFTWARE AS A SERVICE SYSTEM THAT THEY USE TO SET OR TAKE
RECOMMENDATIONS ON PRICING. HOW -- HOW WOULD THEY BE EFFECTED?
ARE THEY THE ONES -- THE ONEROUS ON THE BUSINESSOWNER, EVEN IF THEY
USE A SOFTWARE AND ARE UNAWARE OF THE ALGORITHMS INCLUDED?
205
NYS ASSEMBLY MAY 7, 2025
MR. PRETLOW: SO YOU WANT THE DEFINITION OF
ALGORITHMS?
MR. BLUMENCRANZ: SURE. THAT'S A GOOD START.
MR. PRETLOW: OKAY. IT'S A COMPUTER NATIONAL
AUTOMATED PROCESS THAT USES A SET OF RULES TO DETERMINE A SEQUENCE OF
OPERATIONS.
MR. BLUMENCRANZ: OKAY.
MR. PRETLOW: THAT'S --
MR. BLUMENCRANZ: SO I'M A SMALL BUSINESS. I
CONTRACT OR PURCHASE A MONTHLY SOFTWARE THAT HELPS ME SET AND ADJUST
PRICES TO MAKE SURE I'M MEETING THE MARKET RATE MAXIMIZING WHAT I
CAN GET FROM MY COMMUNITY AS A SMALL BUSINESSOWNER. IS THE ONEROUS
ON ME TO MAKE SURE THAT DISCLOSURE IS PROVIDED WHEN THEY PURCHASE
SOMETHING FROM ME, OR IS IT ON THE SOFTWARE SERVICE THAT IS PROVIDING
ME THEIR SERVICE?
MR. PRETLOW: WELL, IT'S WHOEVER SETTING THE
PRICE.
MR. BLUMENCRANZ: SO PRICE RECOMMENDATIONS
ARE ALLOWED, SO I CAN USE THE SOFTWARE TO ACCEPT THE RECOMMENDATION,
BUT BECAUSE I DIDN'T PERSONALLY USE THE SOFTWARE, I CAN SET THE PRICE
WITHOUT DISCLOSURE BECAUSE IT WAS RECOMMENDED TO ME BUT I'M NOT THE
ONE THAT USED AN ALGORITHM?
MR. PRETLOW: THE PURPOSE OF THE LAW, THE SPIRIT
OF THE LAW IS TO NOT HAVE INDIVIDUAL -- OR GIVE THEM THE ABILITY TO USE AN
ALGORITHM TO DETERMINE THE PRICE. IF YOU USE AN ALGORITHM TO DETERMINE
206
NYS ASSEMBLY MAY 7, 2025
THE PRICE WHETHER THE PERSON YOU BOUGHT YOUR SOFTWARE FROM OR RENTED
YOUR SOFTWARE FROM OR LEASED YOUR SOFT -- SOFTWARE FROM OR YOURSELF,
WHOMEVER OF THE FOUR ENTITIES I JUST MENTIONED, IS RESPONSIBLE AND IS
LIABLE THROUGH ANY PENALTIES THAT MAY OR MAY NOT BE ADJUDICATED
THROUGH THE ATTORNEY GENERAL'S OFFICE.
MR. BLUMENCRANZ: I THINK YOU AND I BOTH KNOW
THAT IF THERE WILL BE SUITS AND THERE WILL BE MANY SUITS IF US -- LET'S SAY A
SOFTWARE THAT I'M PROVIDED IS PROVIDED -- USING AN ALGORITHM. THEY ARE
NOT REQUIRED TO DISCLOSE TO ME THEY'LL BE USING IT, AND THEN THEY CAN
PROVIDE ME A SERVICE AND I BECOME WILLFULLY UNAWARE THAT I'M BREAKING
THE LAW BECAUSE THE SOFTWARE I'M PROVIDING IS BREAKING THE LAW.
THERE'S A LOT OF SPIRIT IN THIS BILL. I'M JUST TRYING TO UNDERSTAND HOW IN
PRACTICE MANY OF THESE REGS THAT ARE PLACED IN HERE ARE POSSIBLE.
MR. PRETLOW: YOU MENTIONED A LOT OF LAWSUITS.
THAT'S WHY WE HAVE SO MANY LAWYERS.
MR. BLUMENCRANZ: AND THEY'LL BE AN AWFUL LOT
THAT'LL BE HAPPY ABOUT THIS BILL SO...
MANY INSURANCE COMPANIES USE ALGORITHMS TO SET
PREMIUMS BASED ON CONSUMER DATA. SHOULDN'T THESE CUSTOMERS BE
AWARE, AGAIN, WHERE ARE WE SEE ACTUAL EMPIRICAL EVIDENCE OF THE
NEGATIVE EFFECTS OF THIS SEEM TO BE COMPLETELY LEFT OUT OF THE EQUATION
IN THE PRACTICE OF THIS BILL. I'M JUST TRYING TO UNDERSTAND, YOU KNOW,
THERE WAS A GENESIS THAT THIS WOULD HELP THE COMMUNITY UNDERSTAND
WHERE THIS PRICING IS BEING UTILIZED, AND YET WE LEAVE OUT PRETTY MUCH
EVERY INDUSTRY THAT UTILIZES IT.
207
NYS ASSEMBLY MAY 7, 2025
MR. PRETLOW: WELL, THIS IS JUST -- JUST FOR
DISCLOSURE.
MR. BLUMENCRANZ: OKAY. SO IS IT GOOD THAT WE
DISCLOSE WHEN IT'S HAPPENING OR IT DOESN'T MATTER OR MAYBE --
MR. PRETLOW: WELL, IT'S ALWAYS GOOD TO DISCLOSE
IT. WE ALWAYS LIKE FULL DISCLOSURE.
MR. BLUMENCRANZ: EXCEPT (INDISCERNIBLE)
DOESN'T HAVE TO DISCLOSE, RIGHT? OKAY. THANK YOU.
ON THE BILL, PLEASE.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. BLUMENCRANZ: I THINK THAT DYNAMIC PRICING
IS ONE OF THE COMPONENTS OF THE BUDGET THIS YEAR, WHICH IS A DIFFERENT
PROBLEM, IS SOMETHING THAT NEEDS TO BE TACKLED. I THINK THAT THERE ARE
INSTANCES WHERE IT CAN SYSTEMICALLY HARM CONSUMERS AND VIOLATE MANY
PRACTICES WE HOLD DEAR IN A CAPITALIST SOCIETY WHILE STILL TRYING TO
ACHIEVE FAIRNESS. I THINK THAT WE REALLY NEED TO GET A HOLD OF AND TACKLE
WHERE PRICES AND PRICE COLLUSION IS HAPPENING AND HURTING EVERYBODY
IN THE STATE OF NEW YORK. THIS BILL SAYS IT DOES SOMETHING AND
SIMULTANEOUSLY DOES NOTHING AT ALL. THE SPIRIT OF THE BILL IS ABOUT ALL
THAT THE BILL MAINTAINS BESIDES MAKING SURE A LOT OF LAWYERS WILL FIND
WAYS TO WORK THEIR WAY AROUND IT.
SO I APPRECIATE THE SPIRIT OF THE BILL, BUT I DO THINK WE
NEED TO WORK TOGETHER AND A LITTLE BIT HARDER TO PROTECT THE PEOPLE OF
NEW YORK. THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
208
NYS ASSEMBLY MAY 7, 2025
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER HUNTER: A PARTY VOTE HAS
BEEN REQUESTED.
MS. WALSH.
MS. WALSH: THANK YOU, MADAM SPEAKER.
THE MINORITY CONFERENCE WILL BE IN THE NEGATIVE ON
THIS PIECE OF LEGISLATION. IF MEMBERS WANT TO VOTE YES, THEY CAN DO SO
AT THEIR SEATS. THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
MR. FALL.
MR. FALL: THANK YOU, MADAM SPEAKER.
THE MAJORITY CONFERENCE WILL BE IN THE AFFIRMATIVE ON
THIS PIECE OF LEGISLATION OR BUDGET BILL. FOR THOSE THAT WOULD LIKE TO
VOTE IN A DIFFERENT DIRECTION, THEY CAN DO SO IN THE CHAMBER AT THEIR
DESK.
ACTING SPEAKER HUNTER: THANK YOU.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MS. ROZIC TO EXPLAIN HER VOTE.
MS. ROZIC: THANK YOU, MADAM SPEAKER.
REALLY QUICKLY SINCE I KNOW WE HAVE A LONG WAY TO
GO. I JUST WANT TO COMMENT VERY QUICKLY ON THE CONSUMER PROTECTIONS
THAT WE ARE DELIVERING IN THIS BUDGET BILL, WHICH IS HUGE FOR ALL NEW
YORKERS IN TODAY'S DIGITAL MARKETPLACE. THIS IS A MAJOR STEP FORWARD IN
209
NYS ASSEMBLY MAY 7, 2025
PROTECTING CONSUMERS. IT PROVIDES NOT ONLY FAIRNESS, ACCOUNTABILITY BUT
IT ALSO PUTS CONSUMERS FIRST, AND THE ASSEMBLY MAJORITY, WE FOUGHT TO
INCLUDE MANY MEASURES INCLUDING REQUIRING AI COMPANIONS TO ALERT
USERS THAT THEY'RE NOT COMMUNICATING WITH A HUMAN, AND TO ALLOW THE
PROTOCOL IF USERS EXPRESS SUICIDAL IDEATION OR SELF-HARM. IT MANDATES
CLEAR RETURN AND REFUND POLICIES. IT REQUIRES SUBSCRIPTION SERVICES TO
PROVIDE SIMPLE, CLEAR CANCELLATION METHODS. AND IT ALSO DEMANDS
BUSINESSES TO DISCLOSE WHEN PRICES ARE GENERATED USING PERSONAL DATA
THROUGH ALGORITHMIC PRICING MODELS. WE ALSO PROVIDE NEW FUNDING FOR
CONSUMERS WHEN THEY HAVE UTILITY-RELATED MATTERS.
NEW YORKERS ARE NOW BETTER EQUIPPED, INFORMED,
EMPOWERED AND PROTECTED THANKS TO THIS BUDGET. AND I WOULD BE
REMISS IF I DIDN'T ALSO THANK THE AMAZING COMMITTEE STAFF THAT WORKED
ON A LOT OF THESE MEASURES INCLUDING MATT, EMILY, SKYE AND ALLY.
SO WITH THAT, I JUST WITHDRAW MY REQUEST AND VOTE IN
THE AFFIRMATIVE.
ACTING SPEAKER HUNTER: THANK YOU.
MS. ROZIC IN THE AFFIRMATIVE.
MS. TORRES TO EXPLAIN HER VOTE.
MS. TORRES: THANK YOU, MADAM SPEAKER.
I RISE TODAY IN STRONG SUPPORT OF THIS BUDGET BILL,
PARTICULARLY PART X AS IT RELATES TO THE DISCLOSURE OF ALGORITHMIC PRICING.
CONSUMERS TODAY ARE OFTEN SUBJECT TO PRICING ON LINE THAT CHANGES NOT
BECAUSE OF SIMPLE SUPPLY AND DEMAND, BUT BECAUSE OF WHO THEY ARE,
THEIR PERSONAL DATA. ALGORITHMS THAT SET PRICES BASED ON OUR PERSONAL
210
NYS ASSEMBLY MAY 7, 2025
DATA FROM OLD SEARCHES, YOUR ZIP CODE, GENDER, RACE AND BEYOND,
INFLUENCES THE PRICE THAT WE ARE OFFERED FOR A PRODUCT. AND
UNFORTUNATELY THIS IS COMMON PRACTICE WITH NEW YORKERS BEING
CHARGED DIFFERENT PRICES FOR THE SAME EXACT PRODUCT. IT AFFECTS
EVERYONE. NEW YORKERS DESERVE TO KNOW WHEN THEY'RE BEING CHARGED
A DIFFERENT PRICE FOR THE SAME PRODUCT BECAUSE OF WHO THEY ARE, AND SO
THIS BILL SETS AN IMPORTANT STANDARD. IF A COMPANY USES YOUR PERSONAL
DATA TO SET A PRICE FOR YOU, THEY MUST TELL YOU. IT ENSURES CLEAR
DISCLOSURE AND ACCOUNTABILITY. AND NEW YORK WILL BE THE FIRST IN THE
NATION TO IMPLEMENT THE STANDARD AND INFORM CONSUMERS ABOUT
DYNAMIC PRICING.
I AM PROUD TO HAVE WORKED ON THIS CRITICAL PROVISION
WITH MANY COLLEAGUES AND I WILL BE VOTING IN THE AFFIRMATIVE. THANK
YOU.
ACTING SPEAKER HUNTER: THANK YOU.
MS. TORRES IN THE AFFIRMATIVE.
MR. BLUMENCRANZ TO EXPLAIN HIS VOTE.
MR. BLUMENCRANZ: THANK YOU, MADAM
SPEAKER.
I RISE TODAY A BIT SAD AT THE LACK OF EMPHASIS WE'VE
PLACED ON MAKING SURE THAT AS WE CREATE AND DEVELOP THE CAPITAL PLAN,
AS WE WRITE CHECKS FOR BILLIONS OF DOLLARS TO FUND AN MTA THAT
CONTINUES TO HEMORRHAGE MONEY AND LACK A COHESIVE LEADERSHIP THAT
PROVIDES US WITH A FUTURE IN WHICH THE MTA WILL NOT BE THE LEAST
EFFICIENT TRANSIT SYSTEM WHEN IT COMES TO DOLLAR FOR DOLLAR SPENDING
211
NYS ASSEMBLY MAY 7, 2025
WHERE THEY CONTINUE TO NOT HAVE THE OVERSIGHT THEY NEED.
FOR THE PAST SEVERAL MONTHS I HAVE BEEN CONTINUING
AND ECHOING THE CALL THAT MANY OF MY COLLEAGUES HAVE. IT IS TIME WE
HAVE AN INDEPENDENT FORENSIC AUDIT OF THE MTA. NOT ONE WHERE THEY
GET TO CHERRY-PICK WHAT WE GET TO SEE. NOT ONE WHERE THEY GET TO
DECIDE WHAT THEY SHOW US OR NOT, BUT ONE THAT SHOWS US ALL OF THE
NUMBERS, SHOWS US WHERE THE WASTE, WHERE THE INEFFICIENCY, WHERE THE
LACK OF MANAGEMENT IS MOST GLARING. IT SHOULDN'T BE THAT IT COSTS MORE
TO BUILD A (INDISCERNIBLE) TRACK IN NEW YORK THAN ANYWHERE ELSE IN THE
WORLD. CITIES SHOULDN'T BE ABLE TO BUILD TRAIN LINES IN THE TIME IT TAKES
US TO CREATE A PLAN. IT IS ONE OF THE BIGGEST ISSUES SADDLING NEW
YORKERS AND WE CONTINUE TO PAY FOR IT EVERY STEP OF THE WAY. WE HAVE
ALL SEEN THE TAXES INCURRED ON NEW YORKERS, LONG ISLANDERS ESPECIALLY
FACE THIS ISSUE WHEN IT COMES TO THE BURDEN OF CONGESTION PRICING AS
WELL. SO I EMPHASIZE MY COLLEAGUES VOTE IN THE NEGATIVE UNTIL WE
DECIDE TO REALLY HANDLE THE MTA THE WAY WE SHOULD.
THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
MR. BLUMENCRANZ IN THE NEGATIVE.
ARE THERE ANY OTHER VOTES? THE CLERK WILL ANNOUNCE
THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MR. FALL.
MR. FALL: MADAM SPEAKER, CAN THE HOUSE NOW
212
NYS ASSEMBLY MAY 7, 2025
STAND AT EASE UNTIL 7:30 P.M. THIS EVENING.
ACTING SPEAKER HUNTER: THANK YOU.
ON MR. FALL'S MOTION THE HOUSE STANDS AT EASE UNTIL
7:30 P.M.
(WHEREUPON, THE HOUSE WAS CALLED BACK TO ORDER AT
7:55 P.M.)
*****************************
ACTING SPEAKER HUNTER: THE HOUSE WILL
COME TO ORDER.
MRS. PEOPLES-STOKES: THANK YOU. WE'RE GOING
TO GO RIGHT TO PAGE 7 AND TO RULES REPORT NO. 180.
ACTING SPEAKER HUNTER: PAGE 7, RULES
REPORT NO. 180, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A03007-C, RULES
REPORT NO. 180, 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
213
NYS ASSEMBLY MAY 7, 2025
TO KNOWN AND PROJECTED DEPARTMENT OF HEALTH STATE FUND MEDICAID
EXPENDITURES (PART A); 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 EXTENDING THE EXPIRATION THEREOF;
TO AMEND CHAPTER 942 OF THE LAWS OF 1983 AND CHAPTER 541 OF THE
LAWS OF 1984 RELATING TO FOSTER FAMILY CARE DEMONSTRATION PROGRAMS,
IN RELATION TO EXTENDING THE EXPIRATIONS THEREOF; TO AMEND CHAPTER 256
OF THE LAWS OF 1985, AMENDING THE SOCIAL SERVICES LAW AND OTHER
LAWS RELATING TO FOSTER FAMILY CARE DEMONSTRATION PROGRAMS, IN RELATION
TO EXTENDING THE EXPIRATION THEREOF; TO AMEND PART C OF CHAPTER 58 OF
THE LAWS OF 2009, AMENDING THE PUBLIC HEALTH LAW RELATING TO
PAYMENT BY GOVERNMENTAL AGENCIES FOR GENERAL HOSPITAL INPATIENT
SERVICES, IN RELATION TO THE EFFECTIVENESS THEREOF; TO AMEND CHAPTER 474
OF THE LAWS OF 1996, AMENDING THE EDUCATION LAW AND OTHER LAWS
RELATING TO RATES FOR RESIDENTIAL HEALTHCARE FACILITIES, IN RELATION TO THE
EFFECTIVENESS THEREOF; TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO
MOBILE INTEGRATED AND COMMUNITY PARAMEDICINE; TO AMEND SECTION 2
OF CHAPTER 137 OF THE LAWS OF 2023, AMENDING THE PUBLIC HEALTH LAW
RELATING TO ESTABLISHING A COMMUNITY-BASED PARAMEDICINE
DEMONSTRATION PROGRAM, IN RELATION TO EXTENDING THE EFFECTIVENESS
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 PART FFF OF CHAPTER 59 OF THE
LAWS OF 2018, AMENDING THE PUBLIC HEALTH LAW RELATING TO AUTHORIZING
214
NYS ASSEMBLY MAY 7, 2025
THE COMMISSIONER OF HEALTH TO REDEPLOY EXCESS RESERVES OF CERTAIN
NOT-FOR-PROFIT MANAGED-CARE ORGANIZATIONS, IN RELATION TO THE
EFFECTIVENESS THEREOF; 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 THE PUBLIC HEALTH LAW, IN
RELATION TO REIMBURSEMENT RATE PROMULGATION FOR RESIDENTIAL HEALTH CARE
FACILITIES, AND IN RELATION TO CERTIFIED HOME HEALTH AGENCY SERVICES
PAYMENTS; 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 THE
EFFECTIVENESS 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 OF CERTAIN PROVISIONS 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; TO AMEND THE PUBLIC HEALTH
LAW, IN RELATION TO GROSS RECEIPTS FOR GENERAL HOSPITAL ASSESSMENTS; TO
215
NYS ASSEMBLY MAY 7, 2025
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 633 OF THE LAWS OF 2006, AMENDING THE PUBLIC HEALTH LAW
RELATING TO THE HOME BASED PRIMARY CARE FOR THE ELDERLY DEMONSTRATION
PROJECT, IN RELATION TO THE EFFECTIVENESS THEREOF; 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 PART BBB OF CHAPTER 56 OF THE LAWS OF 2022, AMENDING THE
PUBLIC HEALTH LAW AND OTHER LAWS RELATING TO PERMITTING THE
COMMISSION OF HEALTH TO SUBMIT A WAIVER THAT EXPANDS ELIGIBILITY FOR
NEW YORK'S BASIC HEALTH PROGRAM AND INCREASES THE FEDERAL POVERTY
LIMIT CAP FOR BASIC HEALTH PROGRAM ELIGIBILITY FROM TWO HUNDRED TO TWO
HUNDRED FIFTY PERCENT, IN RELATION TO EXTENDING CERTAIN PROVISIONS
RELATED TO PROVIDING LONG-TERM SERVICES AND SUPPORTS UNDER THE
ESSENTIAL PLAN; TO AMEND THE SOCIAL SERVICES LAW, IN RELATION TO WHICH
CONTRACTS STAY IN FORCE AFTER SEPTEMBER 30, 2025; TO AMEND PART MM
OF CHAPTER 56 OF THE LAWS OF 2020 DIRECTING THE DEPARTMENT OF HEALTH
TO ESTABLISH OR PROCURE THE SERVICES OF AN INDEPENDENT PANEL OF CLINICAL
PROFESSIONALS AND TO DEVELOP AND IMPLEMENT A UNIFORM TASK-BASED
ASSESSMENT TOOL, IN RELATION TO WHICH CONTRACTS STAY IN FORCE AFTER
SEPTEMBER 30, 2025; AND TO AMEND CHAPTER 769 OF THE LAWS OF 2023
AMENDING THE PUBLIC HEALTH LAW RELATING TO THE ADULT CYSTIC FIBROSIS
216
NYS ASSEMBLY MAY 7, 2025
ASSISTANCE PROGRAM, IN RELATION TO THE EFFECTIVENESS THEREOF (PART B);
INTENTIONALLY OMITTED (PART C); TO AMEND THE PUBLIC HEALTH LAW, IN
RELATION TO SUPPLEMENTAL HOSPITAL PAYMENTS (PART D); TO AMEND THE
SOCIAL SERVICES LAW, IN RELATION TO SHIFTING LONG-TERM NURSING HOME
STAYS FROM MANAGED CARE TO FEE FOR SERVICE, AND AUTHORIZING PENALTIES
FOR MANAGED CARE PLANS THAT DO NOT MEET CONTRACTUAL OBLIGATIONS (PART
E); TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO ESTABLISHING A TAX
ON MANAGED CARE PROVIDERS; TO AMEND THE STATE FINANCE LAW, IN
RELATION TO THE HEALTHCARE STABILITY FUND; 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 CERTAIN MEDICAID PAYMENTS MADE FOR CERTAIN
MEDICAL SERVICES (PART F); 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 INSURANCE
COVERAGE PAID FOR BY FUNDS FROM THE HOSPITAL EXCESS LIABILITY POOL AND
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 G);
217
NYS ASSEMBLY MAY 7, 2025
INTENTIONALLY OMITTED (PART H); TO AMEND THE PUBLIC HEALTH LAW, IN
RELATION TO ELIMINATING THE FEES PAID BY FUNERAL DIRECTORS FOR PERMITS
FOR BURIALS AND REMOVALS WHICH ARE USED TO SUPPORT THE ELECTRONIC
DEATH REGISTRATION SYSTEM; AND TO REPEAL CERTAIN PROVISIONS OF SUCH LAW
RELATING THERETO (PART I); TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO
THE DUE DATE FOR AWARDS APPLIED FOR UNDER THE STATEWIDE HEALTH CARE
FACILITY TRANSFORMATION III PROGRAM (PART J); INTENTIONALLY OMITTED (PART
K); INTENTIONALLY OMITTED (PART L); TO AMEND THE PUBLIC HEALTH LAW, IN
RELATION TO REQUIRING GENERAL HOSPITALS TO REPORT COMMUNITY BENEFIT
SPENDING (PART M); INTENTIONALLY OMITTED (PART N); INTENTIONALLY
OMITTED (PART O); TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO
REQUIRING HOSPITALS TO PROVIDE STABILIZING CARE TO PREGNANT INDIVIDUALS;
AND TO REPEAL SECTION 2803-O-1 OF THE PUBLIC HEALTH LAW, RELATING TO
REQUIRED PROTOCOLS FOR FETAL DEMISE (PART P); TO AMEND THE SOCIAL
SERVICES LAW, IN RELATION TO ESTABLISHING INCREASED COVERAGE OF CARE AS
WELL AS AVAILABILITY OF CARE FOR INFERTILITY TREATMENTS; AND TO AMEND
SECTION 4 OF PART K OF CHAPTER 82 OF THE LAWS OF 2002 AMENDING THE
INSURANCE LAW AND THE PUBLIC HEALTH LAW RELATING TO COVERAGE FOR THE
DIAGNOSIS AND TREATMENT OF INFERTILITY, RELATING TO A PROGRAM TO PROVIDE
GRANTS TO HEALTH CARE PROVIDERS FOR IMPROVING ACCESS TO INFERTILITY (PART
Q); INTENTIONALLY OMITTED (PART R); INTENTIONALLY OMITTED (PART S); TO
AMEND THE PUBLIC HEALTH LAW, IN RELATION TO REQUIRING HOSPITALS TO
MAINTAIN SEXUAL ASSAULT FORENSIC EXAMINERS AT THEIR FACILITIES; AND TO
AMEND THE EXECUTIVE LAW, IN RELATION TO MAKING TECHNICAL CORRECTIONS
THERETO (PART T); INTENTIONALLY OMITTED (PART U); INTENTIONALLY OMITTED
218
NYS ASSEMBLY MAY 7, 2025
(PART V); INTENTIONALLY OMITTED (PART W); INTENTIONALLY OMITTED (PART
X); INTENTIONALLY OMITTED (PART Y); TO AMEND CHAPTER 565 OF THE LAWS
OF 2022 AMENDING THE STATE FINANCE LAW RELATING TO PREFERRED SOURCE
STATUS FOR ENTITIES THAT PROVIDE EMPLOYMENT TO CERTAIN PERSONS; AND TO
AMEND CHAPTER 91 OF THE LAWS OF 2023 AMENDING THE STATE FINANCE
LAW RELATING TO ESTABLISHING A THRESHOLD FOR THE AMOUNT OF WORK
NEEDED TO BE PERFORMED BY A PREFERRED SOURCE WHICH IS AN APPROVED
CHARITABLE NON-PROFIT-MAKING AGENCY FOR THE BLIND, IN RELATION TO THE
EFFECTIVENESS THEREOF (PART Z); TO AMEND PART NN OF CHAPTER 58 OF THE
LAWS OF 2015, AMENDING THE MENTAL HYGIENE LAW RELATING TO
CLARIFYING THE AUTHORITY OF THE COMMISSIONERS IN THE DEPARTMENT OF
MENTAL HYGIENE TO DESIGN AND IMPLEMENT TIME-LIMITED DEMONSTRATION
PROGRAMS, IN RELATION TO THE EFFECTIVENESS THEREOF (PART AA); TO AMEND
PART L OF CHAPTER 59 OF THE LAWS OF 2016, AMENDING THE MENTAL
HYGIENE LAW RELATING TO THE APPOINTMENT OF TEMPORARY OPERATORS FOR
THE CONTINUED OPERATION OF PROGRAMS AND THE PROVISION OF SERVICES FOR
PERSONS WITH SERIOUS MENTAL ILLNESS AND/OR DEVELOPMENTAL DISABILITIES
AND/OR CHEMICAL DEPENDENCE, IN RELATION TO THE EFFECTIVENESS THEREOF
(PART BB); 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 CC); TO
AMEND THE MENTAL HYGIENE LAW AND THE PUBLIC HEALTH LAW, IN
RELATION TO ADDING HOMELESS YOUTH TO THE DEFINITION OF MINORS FOR THE
219
NYS ASSEMBLY MAY 7, 2025
PURPOSE OF CONSENT FOR CERTAIN TREATMENT (PART DD); TO AMEND THE
MENTAL HYGIENE LAW, IN RELATION TO INVOLUNTARY ADMISSION AND ASSISTED
OUTPATIENT TREATMENT AND ESTABLISHING THE BEHAVIORAL HEALTH CRISIS
TECHNICAL ASSISTANCE CENTER; AND TO AMEND THE EXECUTIVE LAW, THE
GENERAL MUNICIPAL LAW, AND THE COUNTY LAW, IN RELATION TO REQUIRED
TRAINING AND MAINTAINING OF RECORDS RELATING TO PERSONS DEALING WITH
MENTAL HEALTH AND SUBSTANCE USE CRISES (PART EE); IN RELATION TO
ESTABLISHING A TARGETED INFLATIONARY INCREASE FOR DESIGNATED PROGRAMS
(PART FF); TO AMEND THE MENTAL HYGIENE LAW, IN RELATION TO MENTAL
HEALTH INCIDENT REVIEW PANELS (PART GG); TO AMEND THE SOCIAL SERVICES
LAW, IN RELATION TO EXTENDING PROVISIONS OF LAW RELATING TO
SCHOOL-BASED HEALTH CENTERS (PART HHS); TO AMEND THE MENTAL
HYGIENE LAW, IN RELATION TO REQUIRING ANY NEW YORK SUBDIVISION THAT
DIRECTLY RECEIVED FUNDS PURSUANT TO A STATEWIDE OPIOID SETTLEMENT
AGREEMENT TO POST AND SUBMIT TO THE OFFICE OF ADDICTION SERVICES AND
SUPPORTS CERTAIN INFORMATION RELATING TO SUCH FUNDS (PART II); TO
AMEND THE PUBLIC HEALTH LAW, IN RELATION TO REPORTING PREGNANCY
LOSSES AND CLARIFYING WHICH AGENCIES ARE RESPONSIBLE FOR SUCH REPORTS;
AND PROVIDING FOR THE REPEAL OF CERTAIN PROVISIONS UPON EXPIRATION
THEREOF (PART JJ); TO AMEND CHAPTER 55 OF THE LAWS OF 2022, AMENDING
THE GENERAL MUNICIPAL LAW AND THE TOWN LAW RELATING TO AUTHORIZING
FEES AND CHARGES FOR EMERGENCY MEDICAL SERVICES, IN RELATION TO THE
EFFECTIVENESS THEREOF (PART KK); TO AMEND THE PUBLIC AUTHORITIES LAW,
IN RELATION TO THE NASSAU HEALTH CARE CORPORATION (PART CLL); AND TO
AMEND CHAPTER 517 OF THE LAWS OF 2016, AMENDING THE PUBLIC HEALTH
220
NYS ASSEMBLY MAY 7, 2025
LAW RELATING TO PAYMENTS FROM THE NEW YORK STATE MEDICAL
INDEMNITY FUND, IN RELATION TO THE EFFECTIVENESS THEREOF (PART MM)
AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO THE WATERFRONT
COMMISSION ACT (PART A); TO AMEND PART I OF CHAPTER 413 OF THE LAWS
OF 1999 RELATING TO PROVIDING FOR MASS TRANSPORTATION PAYMENTS IN
RELATION TO THE AMOUNT OF PAYMENTS IN THE CENTRAL NEW YORK REGIONAL
TRANSPORTATION DISTRICT AND ADDING CORTLAND COUNTY TO SUCH DISTRICT
(PART B); TO AMEND CHAPTER 368 OF THE LAWS OF 2019 AMENDING THE
VEHICLE AND TRAFFIC LAW AND STATE FINANCE LAW RELATING TO
ESTABLISHING A PRE-LICENSING COURSE INTERNET PROGRAM, IN RELATION TO
EXTENDING THE EFFECTIVENESS THEREOF (PART C); TO AMEND THE VEHICLE AND
TRAFFIC LAW, IN RELATION TO ABANDONED VEHICLES (PART D); TO AMEND THE
VEHICLE AND TRAFFIC LAW, IN RELATION TO EXPANDING THE DEFINITION OF
WHAT CONSTITUTES DRUGGED IMPAIRED DRIVING, PENALIZING REFUSALS TO
SUBMIT TO PRELIMINARY SCREENING TESTS, AUTHORIZING PROMPT LICENSE
SUSPENSIONS FOR DRUGGED DRIVING ARRESTS AND EXPANDING SITUATIONS IN
WHICH CHEMICAL TESTS CAN BE COMPELLED (PART E); TO AMEND THE VEHICLE
AND TRAFFIC LAW, IN RELATION TO IMPROVING SAFETY AT ELEMENTARY SCHOOL
INTERSECTIONS (PART F); TO AMEND THE VEHICLE AND TRAFFIC LAW, IN
RELATION TO BICYCLES WITH ELECTRIC ASSIST (PART G); TO AMEND THE VEHICLE
AND TRAFFIC LAW, IN RELATION TO MAXIMUM SPEED LIMITS FOR BICYCLES,
BICYCLES WITH ELECTRIC ASSIST, ELECTRONIC SCOOTERS AND OTHER DEVICES
AUTHORIZED OR REQUIRED TO USE BICYCLE LANES (PART H); TO AMEND PART PP
OF CHAPTER 54 OF THE LAWS OF 2016, AMENDING THE PUBLIC AUTHORITIES
LAW AND THE GENERAL MUNICIPAL LAW RELATING TO THE NEW YORK TRANSIT
221
NYS ASSEMBLY MAY 7, 2025
AUTHORITY AND THE METROPOLITAN TRANSPORTATION AUTHORITY, IN RELATION
TO EXTENDING PROVISIONS OF LAW RELATING TO CERTAIN TAX INCREMENT
FINANCING PROVISIONS (PART I); TO AMEND CHAPTER 929 OF THE LAWS OF
1986 AMENDING THE TAX LAW AND OTHER LAWS RELATING TO THE
METROPOLITAN TRANSPORTATION AUTHORITY, IN RELATION TO EXTENDING CERTAIN
PROVISIONS THEREOF APPLICABLE TO THE RESOLUTION OF LABOR DISPUTES (PART
J); TO AMEND THE PUBLIC AUTHORITIES LAW, IN RELATION TO ACQUISITIONS OR
TRANSFERS OF PROPERTY FOR CERTAIN TRANSIT PROJECTS; AND TO AMEND PART
VVV OF CHAPTER 58 OF THE LAWS OF 2020 AMENDING THE PUBLIC
AUTHORITIES LAW RELATING TO ACQUISITIONS OR TRANSFERS OF PROPERTY FOR
TRANSIT PROJECTS, IN RELATION TO THE EFFECTIVENESS THEREOF (PART K); TO
AMEND PART UUU OF CHAPTER 58 OF THE LAWS OF 2020 AMENDING THE
STATE FINANCE LAW RELATING TO PROVIDING FUNDING FOR THE METROPOLITAN
TRANSPORTATION AUTHORITY 2020-2024 CAPITAL PROGRAM AND PARATRANSIT
OPERATING EXPENSES, IN RELATION TO FUNDING FOR NET PARATRANSIT OPERATING
EXPENSES AND IN RELATION TO THE EFFECTIVENESS THEREOF (PART L); TO AMEND
THE STATE FINANCE LAW, IN RELATION TO PROVIDING FUNDING FOR THE
METROPOLITAN TRANSPORTATION AUTHORITY 2025-2029 CAPITAL PROGRAM
(PART M); TO AMEND THE VEHICLE AND TRAFFIC LAW AND THE PUBLIC
OFFICERS LAW, IN RELATION TO AUTHORIZING COVERED AGENCIES AND
AUTHORITIES TO USE WEIGH-IN-MOTION TECHNOLOGY TO AUTOMATICALLY
ENFORCE VEHICLE WEIGHT LIMITS ON THEIR FACILITIES (PART N); TO AMEND THE
VEHICLE AND TRAFFIC LAW, IN RELATION TO BUS OPERATION-RELATED TRAFFIC
REGULATIONS (PART O); TO AMEND THE VEHICLE AND TRAFFIC LAW AND THE
ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, IN RELATION TO THE
222
NYS ASSEMBLY MAY 7, 2025
AUTHORIZATION OF A SURCHARGE FOR THE ISSUANCE OF PERMITS RELATING TO THE
OBSTRUCTION OR CLOSURE OF A STREET OR PEDESTRIAN PLAZA FOR CONSTRUCTION
PURPOSES IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE AND TO
THE IMPOSITION OF SUCH SURCHARGE (PART P); TO AMEND THE VEHICLE AND
TRAFFIC LAW AND THE PUBLIC OFFICERS LAW, IN RELATION TO THE SPEED
VIOLATION PHOTO MONITORING SYSTEMS PROGRAM IN WORK ZONES INCLUDING
AUTHORIZING A PHOTO MONITORING PROGRAM FOR THE TRIBOROUGH BRIDGE
AND TUNNEL AUTHORITY AND NEW YORK STATE BRIDGE AUTHORITY; TO
AMEND THE STATE FINANCE LAW, IN RELATION TO ESTABLISHING A WORK ZONE
SPEED CAMERA ADMINISTRATION FUND; AND TO AMEND CHAPTER 421 OF THE
LAWS OF 2021 AMENDING THE VEHICLE AND TRAFFIC LAW AND THE GENERAL
MUNICIPAL LAW RELATING TO CERTAIN NOTICES OF LIABILITY, IN RELATION TO
EXTENDING SUCH PROVISIONS (PART Q); INTENTIONALLY OMITTED (PART R); TO
AMEND CHAPTER 495 OF THE LAWS OF 2004, AMENDING THE INSURANCE LAW
AND THE PUBLIC HEALTH LAW RELATING TO THE NEW YORK STATE HEALTH
INSURANCE CONTINUATION ASSISTANCE DEMONSTRATION PROJECT, IN RELATION
TO THE EFFECTIVENESS THEREOF (PART S); TO AMEND THE PUBLIC AUTHORITIES
LAW, IN RELATION TO AUTHORIZING THE OLYMPIC REGIONAL DEVELOPMENT
AUTHORITY TO ENTER INTO AGREEMENTS FOR MEMBERSHIP OF ONE OR MORE OF
ITS SKI VENUES IN RECIPROCAL SKI PASS PROGRAMS WHERE SUCH MEMBERS ARE
REQUIRED TO GUARANTEE CONTRACTUAL INDEMNITY UP TO A CAPPED AMOUNT
(PART T); TO AMEND THE GENERAL BUSINESS LAW, IN RELATION TO ARTIFICIAL
INTELLIGENCE COMPANION MODELS (PART U); TO AMEND THE GENERAL
BUSINESS LAW, IN RELATION TO REFUND POLICIES (PART V); TO AMEND THE
GENERAL BUSINESS LAW, IN RELATION TO AUTOMATIC RENEWALS (PART W); TO
223
NYS ASSEMBLY MAY 7, 2025
AMEND THE GENERAL BUSINESS LAW, IN RELATION TO REQUIRING DISCLOSURE OF
ALGORITHMICALLY SET PRICES (PART X); TO AMEND THE BANKING LAW, IN
RELATION TO THE REGULATION OF BUY-NOW-PAY-LATER LENDERS (PART Y); TO
AMEND THE INSURANCE LAW, IN RELATION TO DISCLOSURE OF PHARMACY
BENEFIT MANAGER REBATE CONTRACTS (PART Z); TO AMEND THE GENERAL
BUSINESS LAW, THE BANKING LAW, AND THE SOCIAL SERVICES LAW, IN
RELATION TO PROTECTING ELIGIBLE ADULTS FROM FINANCIAL EXPLOITATION (PART
AA); TO AMEND THE INSURANCE LAW, IN RELATION TO FOR HIRE GROUP
INSURANCE (PART BB); TO AMEND THE INSURANCE LAW, IN RELATION TO FOR
HIRE MOTOR VEHICLE INSURANCE RATES (PART CC); INTENTIONALLY OMITTED
(PART DD); TO AMEND THE NEW YORK STATE URBAN DEVELOPMENT
CORPORATION ACT, IN RELATION TO EXTENDING THE AUTHORITY OF THE NEW
YORK STATE URBAN DEVELOPMENT CORPORATION TO ADMINISTER THE EMPIRE
STATE ECONOMIC DEVELOPMENT FUND (PART EE); TO AMEND CHAPTER 393
OF THE LAWS OF 1994, AMENDING THE NEW YORK STATE URBAN
DEVELOPMENT CORPORATION ACT, RELATING TO THE POWERS OF THE NEW
YORK STATE URBAN DEVELOPMENT CORPORATION TO MAKE LOANS, IN RELATION
TO EXTENDING LOAN POWERS (PART FF); TO AMEND PART BB OF CHAPTER 58
OF THE LAWS OF 2012, AMENDING THE PUBLIC AUTHORITIES LAW, RELATING TO
AUTHORIZING THE DORMITORY AUTHORITY TO ENTER INTO CERTAIN DESIGN AND
CONSTRUCTION MANAGEMENT AGREEMENTS, IN RELATION TO THE EFFECTIVENESS
THEREOF (PART GG); INTENTIONALLY OMITTED (PART HH); INTENTIONALLY
OMITTED (PART II): INTENTIONALLY OMITTED (PART JJ); TO AMEND CHAPTER
261 OF THE LAWS OF 1988, AMENDING THE STATE FINANCE LAW AND OTHER
LAWS RELATING TO THE NEW YORK STATE INFRASTRUCTURE TRUST FUND, IN
224
NYS ASSEMBLY MAY 7, 2025
RELATION TO THE EFFECTIVENESS THEREOF (PART KK); TO AMEND THE STATE
FINANCE LAW, IN RELATION TO THE EXCELSIOR LINKED DEPOSIT PROGRAM
(PART LL); TO AMEND THE STATE FINANCE LAW AND THE PUBLIC AUTHORITIES
LAW, IN RELATION TO PURCHASING THRESHOLDS (PART MM); TO AMEND THE
INSURANCE LAW, THE PUBLIC AUTHORITIES LAW AND THE TAX LAW, IN
RELATION TO AUTHORIZING CERTAIN NEW YORK STATE AND LOCAL AUTHORITIES TO
CREATE A PURE OR GROUP CAPTIVE INSURANCE COMPANY (PART NN); TO
AMEND THE AGRICULTURE AND MARKETS LAW, IN RELATION TO FARMLAND
PROTECTION (PART OO); TO AMEND THE ENVIRONMENTAL CONSERVATION LAW,
IN RELATION TO EXTENDING THE WASTE TIRE MANAGEMENT FEE FOR FIVE YEARS
AND REMOVING THE EXCLUSION FOR MAIL ORDER SALES (PART PP); TO AMEND
CHAPTER 55 OF THE LAWS OF 2021 AMENDING THE ENVIRONMENTAL
CONSERVATION LAW RELATING TO ESTABLISHING A DEER HUNTING PILOT
PROGRAM, IN RELATION TO EXTENDING PROVISIONS OF THE YOUTH DEER HUNTING
PROGRAM (PART QQ); TO AMEND THE ENVIRONMENTAL CONSERVATION LAW,
THE STATE FINANCE LAW AND THE PUBLIC AUTHORITIES LAW, IN RELATION TO
THE INACTIVE HAZARDOUS WASTE DISPOSAL SITE PROGRAM (PART RR); TO
AMEND THE GENERAL BUSINESS LAW, IN RELATION TO PROHIBITING THE SALE
AND MANUFACTURING OF FIREFIGHTING PERSONAL PROTECTIVE EQUIPMENT
CONTAINING INTENTIONALLY ADDED PFAS (PART SS); TO AMEND THE
ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO AUTHORIZING
THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION TO ACQUIRE
CONSERVATION EASEMENTS WITHOUT ATTORNEY GENERAL APPROVAL (SUBPART
A); AND TO AMEND THE TAX LAW, IN RELATION TO EXEMPTIONS FOR ANY
NOT-FOR-PROFIT TAX EXEMPT CORPORATION OPERATED FOR CONSERVATION,
225
NYS ASSEMBLY MAY 7, 2025
ENVIRONMENTAL, PARKS OR HISTORIC PRESERVATION PURPOSES (SUBPART B)
(PART TT); TO AMEND THE ENVIRONMENTAL CONSERVATION LAW, IN RELATION
TO THE MANAGEMENT OF CRABS (PART UU); IN RELATION TO AUTHORIZING THE
NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY TO
FINANCE A PORTION OF ITS RESEARCH, DEVELOPMENT AND DEMONSTRATION,
POLICY AND PLANNING, AND FUEL NY PROGRAM, AS WELL AS CLIMATE CHANGE
RELATED EXPENSES OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
FROM AN ASSESSMENT ON GAS AND ELECTRIC CORPORATIONS (PART VV); TO
AMEND ABANDONED PROPERTY LAW, IN RELATION TO ENSURING ESCOS ARE
SUBJECT TO THE SAME CONSUMER PROTECTION REGULATIONS REGARDING
UNCLAIMED DEPOSITS AND REFUNDS CURRENTLY FACING UTILITY COMPANIES
(PART WW); TO AUTHORIZE UTILITY AND CABLE TELEVISION ASSESSMENT
REVENUES AND TO THE DEPARTMENT OF AGRICULTURE AND MARKETS,
DEPARTMENT OF STATE, THE OFFICE OF PARKS, RECREATION AND
HISTORIC PRESERVATION, AND THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION FROM UTILITY ASSESSMENT REVENUES; REQUIRES ACCOUNTINGS
BE SUBMITTED OF SUCH FUNDS; AND PROVIDING FOR THE REPEAL OF SUCH
PROVISIONS UPON EXPIRATION THEREOF (PART XX); TO AMEND THE
GENERAL BUSINESS LAW AND THE STATE FINANCE LAW, IN RELATION TO
INCREASING AND REDIRECTING CIVIL PENALTIES FOR FAILING TO COMPLY WITH
THE DEPARTMENT OF PUBLIC SERVICE'S PRESCRIBED RULES AND REGULATIONS
ESTABLISHED FOR THE PROTECTION OF UNDERGROUND FACILITIES; AND TO AMEND
CHAPTER 522 OF THE LAWS OF 2000, AMENDING THE STATE FINANCE LAW
AND THE GENERAL BUSINESS LAW RELATING TO ESTABLISHING THE
UNDERGROUND FACILITIES SAFETY TRAINING ACCOUNT, IN RELATION TO THE
226
NYS ASSEMBLY MAY 7, 2025
EFFECTIVENESS THEREOF (PART YY); AND TO AMEND THE TAX LAW, IN RELATION
TO AUTHORIZING THE DEPARTMENT OF TAXATION AND FINANCE TO DISCLOSE
CERTAIN INFORMATION TO THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
OR THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY
FOR THE PURPOSE OF IMPLEMENTING THE NEW YORK STATE CLIMATE
LEADERSHIP AND COMMUNITY PROTECTION ACT (PART ZZ); INTENTIONALLY
OMITTED (PART AAA); IN RELATION TO ESTABLISHING A COMMISSION TO
ENSURE THE REPLACEMENT OF THE STATUE OF ROBERT R. LIVINGSTON IN THE
NATIONAL STATUARY HALL OF THE UNITED STATES CAPITOL WITH A STATUE OF
HARRIET TUBMAN (PART BBB); TO AMEND THE ENVIRONMENTAL
CONSERVATION LAW, IN RELATION TO EXTENDING CERTAIN REBATES FOR CLEAN
VEHICLE PROJECTS (PART CCC); TO AMEND THE CANNABIS LAW, IN RELATION
TO APPOINTMENTS TO THE CANNABIS CONTROL BOARD AND AGREEMENTS OF
SUCH BOARD WITH THE NEW YORK STATE INDIAN NATIONS AND TRIBES (PART
DDD); AND TO AMEND THE CANNABIS LAW, IN RELATION TO A SPECIAL LICENSE
FEE; TO AMEND THE STATE FINANCE LAW, IN RELATION TO MAKING A
CONFORMING TECHNICAL CHANGE; AND PROVIDING FOR THE REPEAL OF CERTAIN
PROVISIONS UPON THE EXPIRATION THEREOF (PART EEE).
ACTING SPEAKER HUNTER: 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 HUNTER: AN EXPLANATION HAS
BEEN REQUESTED.
227
NYS ASSEMBLY MAY 7, 2025
MR. PRETLOW.
MR. PRETLOW: THIS BILL WOULD ENACT INTO LAW
MAJOR COMPONENTS OF LEGISLATION THAT IS NECESSARY TO IMPLEMENT THE
STATE FISCAL YEAR 2025 THROUGH 2026 BUDGETS AS IT PERTAINS TO THE HEALTH
AND MENTAL HYGIENE BUDGET.
ACTING SPEAKER HUNTER: MR. JENSEN.
MR. JENSEN: THANK YOU. THANK YOU, MADAM
SPEAKER.
WILL CHAIRMAN PRETLOW YIELD FOR A CORNUCOPIA OF
QUESTIONS?
ACTING SPEAKER HUNTER: WILL THE CHAIR
YIELD?
MR. PRETLOW: ABSOLUTELY.
ACTING SPEAKER HUNTER: THE CHAIR YIELDS.
MR. PRETLOW: ONE OF THOSE SAT WORDS, OKAY.
MR. JENSEN: THANK -- THANK YOU VERY MUCH, MR.
CHAIRMAN.
THIS BUDGET BILL INTRODUCES THE FIRST MAJOR REFORMS TO
MEDICAID, WHICH IS ONE OF THE STATE'S LARGEST BUDGET ITEMS, AND MUCH
OF THE DETAILED INFORMATION REGARDING THIS MEDICAID FUNDING IS NOT
EXPLICITLY STATED IN THE BILL TEXT.
PRIOR TO TAKING UP THIS BILL, HAVE WE SEEN OR FINALIZED
THE FINANCIAL PLAN OR MEDICAID SCORECARD THAT'S PUBLICLY AVAILABLE?
MR. PRETLOW: AS I STATED EARLIER, WE'RE STILL
WORKING ON THE FINALIZED FINANCIAL PLAN, BUT WE HAVE SOME IDEA AS TO
228
NYS ASSEMBLY MAY 7, 2025
WHAT IT WOULD REPRESENT.
MR. JENSEN: OKAY. THE ENACTED BUDGET WILL
INCLUDE SIGNIFICANT LEGISLATIVE CHANGES TO MEDICAID, INCLUDING THE
MEDICAID SAVINGS PROPOSALS BY THE GOVERNOR AND AUTHORIZES ADDITIONAL
MEDICAID EXPENDITURES.
DOES THIS BUDGET REMAIN WITHIN THE MEDICAID GLOBAL
CAP THAT IS BEING EXTENDED BY THIS BUDGET BILL?
MR. PRETLOW: YES, IT DOES.
MR. JENSEN: OKAY. THE EXECUTIVE BUDGET
FINANCIAL PLAN SHOWED THAT THE STATE WOULD EXCEED THE GLOBAL CAP NEXT
YEAR AND EVERY YEAR THEREAFTER AND HAD TO USE GENERAL FUND RESOURCES
TO REMAIN UNDER THE CAP THIS FISCAL YEAR.
WHAT DOES THIS BUDGET DO TO ENSURE THAT WE ARE
SPENDING WITHIN THE CAP MOVING FORWARD?
(CONFERENCING)
MR. PRETLOW: WE'RE USING THE MCO TAX REVENUE
TO ENSURE THAT IT STAYS IN THE CAP.
MR. JENSEN: OKAY. I'LL GET TO THE MCO IN A
MINUTE, BUT I APPRECIATE THAT.
IF WE CONTINUE TO PROPOSE BUDGETS THAT -- WHETHER IN
THE GOVERNOR'S PROPOSAL OR IN THE ENACTED BUDGETS THAT EXCEED THE
GLOBAL CAP, DON'T YOU THINK IT MIGHT BE TIME THAT WE RETHINK HOW WE
CALCULATED CAP ON MEDICAID SPENDING?
MR. PRETLOW: I BELIEVE WE JUST RECENTLY CHANGED
THE METRIC AS -- HOW WE CALCULATE THE GLOBAL CAP.
229
NYS ASSEMBLY MAY 7, 2025
MR. JENSEN: OKAY. WELL, IF WE HAVE TO CONTINUE --
IF WE HAVE TO CONTINUE TO LOOK AT WAYS TO OBFUSCATE AND CHANGE THE
DEFINITION OF CAP COVERED SPENDING, MAYBE IT MIGHT BE WORTH HAVING A
MORE IN DEPTH -- WE'VE HAD TWO MEDICAID REDESIGN TASK FORCE
INITIATIVES, BUT MAYBE WE LOOK AT HOW WE PRIORITIZE THE EFFICIENCY AND
EFFECTIVENESS OF MEDICAID SPUNDING -- SPENDING MOVING FORWARD?
MR. PRETLOW: I THINK WE WOULD SUPPORT THAT BUT
THEN YOU'RE SUGGESTING WE DO A THIRD?
MR. JENSEN: I MEAN THE THIRD, SOMETHING NEW. I'M
SURE WE CAN FUND -- FIND A FUN NAME FOR IT.
MOVING ON. THIS BUDGET BILL AUTHORIZES SEVERAL
DISBURSEMENTS UNDER THE MCO TAX THAT YOU JUST MENTIONED. HOWEVER,
THE WAIVER AUTHORITY FOR THE MCO TAX IS TEMPORARY. AND THE FEDERAL
ADMINISTRATION THAT'S CURRENTLY IN OFFICE WAS NOT THE ONE THAT APPROVED
THE WAIVER. AND HAS SIGNALED A DESIRE TO NOT RENEW THESE TYPES OF
FUNDING MECHANISMS.
IS IT TRUE THAT IF THE STATE DOES NOT RECEIVE A NEW
WAIVER FOR THIS TAX WHEN IT EXPIRES, THAT WE WILL HAVE TO FIND A NEW
MECHANISM TO GET $3.7 BILLION TO OUR PROVIDERS, OR POTENTIALLY LOOK AT
REDUCING REIMBURSEMENT RATES AND FUNDING AVAILABLE?
MR. PRETLOW: WELL, THE MCO TAX IS NOT
TEMPORARY. IT'S -- IT'S --
MR. JENSEN: WELL, IT'S TEMPORARY FOR THREE YEARS.
IT'S NOT -- WE HAVE TO REAPPLY EVERY THREE YEARS FOR --
MR. PRETLOW: NO, WE'RE JUST -- WE'RE -- WE'RE JUST
230
NYS ASSEMBLY MAY 7, 2025
ENTERING IN OUR BOOKS FOR THREE YEARS, BUT IT'S NOT SET FOR THREE YEARS.
WE JUST -- WHEN WE DO OUR -- OUR LEGISLATIVE -- OUR BOOKS, WE ONLY
BOOK IT FOR THREE YEARS.
MR. JENSEN: OKAY. THE MCO PART OF THIS BILL
INCLUDES FURTHER COMMITMENTS TO HELP FUND OUR NURSING HOMES AND
HOSPITALS FOR 2026.
MR. PRETLOW: YES.
MR. JENSEN: WHAT GUARANTEE DOES THE STATE HAVE
THIS FUNDING WILL BE AVAILABLE FROM THE MCO TAX, AND WOULD THE STATE
HAVE TO BACKFILL THIS COMMITMENT WITH OTHER FUNDS IF NOT AVAILABLE?
MR. PRETLOW: WELL, WE HAVE THE FAITH IN OUR
UNITED STATES GOVERNMENT TO CONTINUE ITS PROMISE THAT IT HAS BEEN
DOING AND CONTINUE TO FUND THIS.
MR. JENSEN: OKAY.
MR. PRETLOW: BUT WE HAVE ENOUGH CASH TO GET US
THROUGH DECEMBER, ANYWAY.
MR. JENSEN: OKAY. SO WE HAVE ENOUGH CASH ON
HAND TO SATISFY THE BUDGET PROMISES THAT ARE INCLUDED IN THIS...
MR. PRETLOW: YES.
MR. JENSEN: OKAY. WITH THE MONEY THAT'S BEING
ALLOCATED TO PROVIDERS USING THE MCO TAX REVENUE, IS THAT GOING TO BE
DONE ON A LUMP SUM METHOD OR WILL THAT BE REIMBURSEMENT RATES UP TO
A TOTAL AMOUNT?
MR. PRETLOW: THERE'S -- THERE'S DIFFERENT WAYS
THAT EACH OF THESE ALLOCATIONS ARE DISBURSED, SO THEY'RE NOT ALL THE SAME.
231
NYS ASSEMBLY MAY 7, 2025
SO I CAN'T REALLY ANSWER THE QUESTION WITH ONE ANSWER. EACH OF THE
INDIVIDUAL COMPONENT, WHETHER IT'S HOSPITALS, NURSING HOMES, MANAGED
CARE POOLS, THEY'RE ALL ALLOCATED DIFFERENT -- USING A DIFFERENT
METHODOLOGY.
MR. JENSEN: OKAY. AND IS THAT GOING TO BE
AVAILABLE IN THE SCORECARD OR FINANCIAL PLAN WHEN THAT'S PUBLISHED?
MR. PRETLOW: HOW THEY'RE BEING ALLOCATED OR
WHAT THE TOTAL AMOUNT OF THE ALLOCATIONS ARE?
MR. JENSEN: BOTH.
MR. PRETLOW: WELL, I HAVE THE TOTAL AMOUNTS IN
FRONT OF ME AND THE ALLOCATION WILL PROBABLY BE PUBLIC AT SOME POINT.
MR. JENSEN: OKAY. MEDICAID ENROLLMENT
CONTINUES TO BE A CHALLENGE WITHIN THE STATE MEDICAID BUDGET. AND AS
WE SEE UNCERTAINTY FROM THE FEDERAL GOVERNMENT, BOTH AT THE
ADMINISTRATION LEVEL AND THE CONGRESSIONAL LEVEL, THAT THERE COULD BE
CHANGES TO THE WAY MEDICAID SUPPORT IS CALCULATED FOR THE STATES.
IS THERE ANY LANGUAGE IN THIS BUDGET BILL THAT PROVIDES
FOR PROVISIONS THAT WOULD ASSIST THE LOW INCOME INDIVIDUALS IN OUR
STATE AND OTHER MEMBERS OF OUR STATE WHO RELY ON THIS CRITICALLY
IMPORTANT SOCIAL SAFETY NET FOR THEIR HEALTHCARE NEEDS, AS WELL AS
HELPING INDIVIDUALS THAT MAY NO LONGER BE ELIGIBLE TRANSITION TO
COMMERCIALLY-AVAILABLE INSURANCE PLANS?
MR. PRETLOW: WELL, I THINK IN ANSWERING YOUR
QUESTION WE KNOW THAT THE BUDGET DIRECTOR HAS THE AUTHORITY AND THE
ABILITY TO MAKE CHANGES AND ADJUSTMENTS THROUGHOUT THE YEAR BASED ON
232
NYS ASSEMBLY MAY 7, 2025
THE FINANCIAL PLAN WHEN WE -- WHEN WE FINALLY PASS IT. AS LONG AS HE
OPERATES WITHIN THE CONSTRAINTS OF THAT PLAN WE SHOULD BE OKAY.
MR. JENSEN: THERE -- THERE HAS BEEN RUMORS AND
IT'S BEEN REPORTED IN THE PRESS THAT IF THERE ARE -- UPON PASSAGE OF A
FEDERAL BUDGET THERE ARE CHANGES THAT WOULD IMPACT OUR BUDGET PLAN
THAT'S BEING PASSED THIS WEEK. WOULD WE LOOK AS A CO-EQUAL BRANCH OF
GOVERNMENT TO HAVE A SAY IN ANY SORT OF CHANGES FOR MEDICAID
ALLOCATIONS OR WOULD THIS BODY BE IN THE -- THE BODY IN THE OTHER PLACE
BE COMPLETELY CONTENT WITH DEFERRING ALL AUTHORITY TO THE BUDGET
DIRECTOR TO MAKE THOSE DECISIONS?
MR. PRETLOW: WELL -- WELL, TO DATE THERE HAVE NOT
BEEN ANY CHANGES AND WE'RE NOT GOING TO DO OUR BUDGET BASED ON
RUMOR. IF WHAT'S BEING DISCUSSED OR WHAT'S BEING RUMORED AS TO THE
POTENTIAL CHANGES TO THE MEDICAID DISBURSEMENTS FOR THE STATES, I'M
DEPENDING ON OUR GOOD FRIENDS IN THE UNITED STATES CONGRESS TO STOP
THAT FROM HAPPENING.
MR. JENSEN: OKAY. PIVOTING TO HEALTH PLAN PENALTY
AUTHORITY, THIS BUDGET BILL CONTAINS PROVISIONS THAT AUTHORIZES THE
HEALTH COMMISSIONER TO PENALIZE MANAGED CARE PLANS FOR FAILURE TO
MEET CONTRACT OBLIGATIONS AND PERFORMANCE STANDARDS.
DOESN'T THE DEPARTMENT OF HEALTH ALREADY HAVE THE
AUTHORITY TO LEVEL PENALTIES AGAINST THE PLANS THROUGH THE MODEL
CONTRACT?
MR. PRETLOW: YES, THEY DO.
MR. JENSEN: OKAY. WELL, IF THE DOH ALREADY HAS
233
NYS ASSEMBLY MAY 7, 2025
THIS AUTHORITY, THEN WHAT IS THE THOUGHT PROCESS OR THE PURPOSE ON
INCREASING THE PENALTIES VIA STATUTE?
MR. PRETLOW: PEOPLE HAVE BEEN VIOLATING THE
MODEL CONTRACT AND THAT'S WHY WE'RE TRYING TO ENHANCE IT.
MR. JENSEN: SO IS THE BELIEF THAT THE HEALTH
COMMISSIONER HAS NOT BEEN FULFILLING THE DUTIES OF THEIR OFFICE IN
APPROPRIATELY RECOGNIZING THOSE VIOLATIONS, HENCE THE --
MR. PRETLOW: NO. THIS ISN'T ON THE HEALTH
COMMISSIONER. IT'S ON THE LARGE CORPORATIONS WHO ARE OPERATING WITHIN
THE STATE THAT ARE GOING AGAINST THE RULES.
MR. JENSEN: YES, BUT IF THE -- IF THE HEALTH
COMMISSIONER ALREADY HAS THE AUTHORITY TO DO THIS, THEN WHY ARE WE
ENHANCING IT IF HE ALREADY HAS THE ABILITY? IS HE NOT DOING IT? IS THAT --
IS THAT WHY WE --
MR. PRETLOW: NO, NO. HE IS DOING --
MR. JENSEN: -- (INDISCERNIBLE/CROSSTALK) PUT INTO
LAW?
MR. PRETLOW: -- IT BUT PEOPLE ARE STILL VIOLATING.
THEY'RE STILL CONTINUING TO VIOLATE IT.
MR. JENSEN: OKAY. IS THERE ANYTHING IN THIS BILL
THAT REQUIRED THE HEALTH DEPARTMENT TO PROVE THAT THERE WAS A CONTRACT
VIOLATION BEFORE THEY LEVIED PENALTIES? IS THERE A DUE PROCESS?
MR. PRETLOW: YES.
MR. JENSEN: YES? WHAT IS THAT?
MR. PRETLOW: PROVIDING NOTICE AND -- AND
234
NYS ASSEMBLY MAY 7, 2025
OPPORTUNITY.
MR. JENSEN: SO THEY WOULD HAVE TO PROVIDE NOTICE
--
MR. PRETLOW: OPPORTUNITY FOR THEM TO CORRECT IT,
I SHOULD SAY.
MR. JENSEN: OKAY. MOVING ON TO EVERYBODY'S
FAVORITE TOPIC, THE CONSUMER DIRECTED PERSONAL ASSISTANCE PROGRAM.
WE'VE SEEN CONSUMERS AND AIDES THAT ARE ENROLLED OR HAVE BEEN
PREVIOUSLY ENROLLED IN THE CDPAP PROGRAM HAVE RUN INTO A LITANY OF
ISSUES WITH THE TRANSITION TO A STATEWIDE FISCAL INTERMEDIARY VARYING
FROM ENROLLMENT ISSUES TO PAYMENT ISSUES. AND THERE HAS BEEN
BIPARTISAN CALLS FOR A DELAY IN THE TRANSITION, EVEN THOUGH WE'VE ALREADY
PASSED THAT TRANSITION DATE.
DOES THIS BUDGET INCLUDE ANY SORT OF DELAY TO THE
TRANSITION OR PROVISIONS THAT HOLD A FISCAL -- THE STATEWIDE FISCAL
INTERMEDIARY ACCOUNTABLE FOR FAILURES TO FULFILL THE ASSUMPTIONS THAT WE
PASSED IN LAST YEAR'S BUDGET?
MR. PRETLOW: THIS BILL DOES NOT MAKE ANY
CHANGES TO THE CDPAP NOR TRANSITION TO A SINGLE FISCAL INTERMEDIARY.
MR. JENSEN: SO THERE ARE NO PROVISIONS THAT WOULD
PUT GUARDRAILS IN PLACE TO ENSURE THAT SERVICES FOR CURRENT AND FUTURE
CONSUMERS AND AIDES WON'T BE IN JEOPARDY DUE TO THE ISSUES WITH THE
TRANSITION TO A STATEWIDE FISCAL INTERMEDIARY?
MR. PRETLOW: WELL, NOT AT THIS POINT BUT ALL --
THEY'RE SUPPOSED TO BE TRANSITIONING INTO THE SINGLE FISCAL INTERMEDIARY.
235
NYS ASSEMBLY MAY 7, 2025
MR. JENSEN: OKAY. SO NOT -- NOT -- NOT IN THIS
BUDGET BILL AND WE DON'T -- DO WE FORESEE SOMETHING HAPPENING AT
SOME POINT IN THIS SESSION?
MR. PRETLOW: YES.
MR. JENSEN: OKAY. THANK YOU VERY MUCH.
MOVING TO THE TARGETED INFLATIONARY INCREASE. THIS
BUDGET PROPOSAL AND BUDGET BILL INCLUDES A 2.6 PERCENT TARGETED
INFLATIONARY INCREASE. HOWEVER, MANY STAKEHOLDERS WERE REQUESTING A
-- A 7.8 PERCENT INCREASE.
DOES THE 2.6 PERCENT REFLECT AN ACTUAL RATE OF INFLATION
FOR THE COST THAT THESE PROGRAMS INCUR?
MR. PRETLOW: NO, IT DOESN'T, BUT I'M TOLD THAT
EVERY 1 PERCENT EQUATES TO $100 MILLION AND WE DON'T HAVE THAT AMOUNT
OF CASH.
MR. JENSEN: OKAY. SO I GUESS, LITTLE SNARKY, WHY
WOULD THIS BE CALLED A TARGETED INFLATIONARY INCREASE IF IT DOESN'T KEEP
UP WITH THE RATE OF INFLATION?
MR. PRETLOW: IT WASN'T -- IT WASN'T OUR CHOICE TO
NAME IT THAT. THAT'S --
MR. JENSEN: WHAT WAS THAT?
MR. PRETLOW: IT WASN'T OUR CHOICE TO NAME IT THAT.
THAT'S WHAT WE WERE GIVEN.
MR. JENSEN: I THINK YOU AND I COULD PROBABLY
COME UP WITH --
MR. PRETLOW: A BETTER NAME? MORE THAN LIKELY.
236
NYS ASSEMBLY MAY 7, 2025
MR. JENSEN: WELL, YOU KNOW, WE COULD GET A TASK
FORCE TOGETHER. I KNOW THE GOVERNOR'S A BIG FAN OF TASK FOR -- TASK
FORCE AS WE COULD WORK ON THAT MAYBE AFTER BUDGET TO COME UP WITH A
BETTER NAME FOR IT.
MR. PRETLOW: WE'LL LOOK INTO THAT.
MR. JENSEN: PERFECT. I APPRECIATE THAT, CHAIRMAN.
IF THIS INCREASE DOESN'T FULLY FUND THE TOTAL RATE OF
INFLATION, COULD THIS POTENTIALLY MAKE THESE PROGRAMS LAGGING BEHIND
INFLATION GOING INTO FUTURE YEARS MAKING THE BURDEN ON FUTURE BUDGETS
EVEN MORE PRONOUNCED?
MR. PRETLOW: YEAH, BUT THAT IS POSSIBLE BUT WE
PROBABLY WOULDN'T DO THAT.
MR. JENSEN: OKAY.
GOING ON TO EMERGENCY MEDICAL SERVICES. THE BUDGET
BILL ADMITS PROVISIONS THAT WOULD HAVE ALLOWED COUNTIES TO CREATE
SPECIAL DISTRICTS TO RAISE REVENUE FOR EMS SERVICES, WHICH WAS
SUPPORTED BY COUNTIES. THAT PROPOSAL ALSO INCLUDED ONEROUS REPORTING
AND ASSESSMENT REQUIREMENTS FOR THE EMS PROVIDERS. IS AUTHORIZING
SPECIAL DISTRICTS FOR EMS SOMETHING THAT CAN BE DONE OUTSIDE THE
BUDGET, AND COULD THIS BE DONE WITHOUT INCLUDING ADDITIONAL
BURDENSOME REQUIREMENTS FOR OUR REGIONAL EMS INFRASTRUCTURE?
MR. PRETLOW: WE COULDN'T COME TO AN AGREEMENT
ON HOW TO ACTUALLY HANDLE THIS. EACH OF THE PARTIES HAD THEIR OWN IDEAS
HOW TO DO THIS, SO WE'RE GOING TO CONTINUE TO -- TO HASH THIS OUT
PROBABLY OUTSIDE OF THE BUDGET.
237
NYS ASSEMBLY MAY 7, 2025
MR. JENSEN: OKAY. AND THEN INVOLUNTARY
COMMITMENTS IN KENDRA'S LAW, THIS BUDGET BILL INCLUDES AN EXPANSION
OF MENTAL HYGIENE LAW IN REGARDS TO INVOLUNTARY COMMITMENT AND
KENDRA'S LAW.
AM I CORRECT IN BELIEVING THAT THE INTENT OF THIS
LEGISLATION IS TO ENSURE THAT INDIVIDUALS WHO ARE IN NEED OF MENTAL
HEALTHCARE WILL BE BETTER ABLE TO CONNECT TO SERVICES AND RECEIVE A
STRONGER CONTINUITY OF CARE?
MR. PRETLOW: THAT IS ABSOLUTELY THE GOAL.
MR. JENSEN: OKAY. IS THERE A MECHANISM TO ALLOW
FOR A LOOKBACK AFTER A PERIOD OF TIME TO SEE WHETHER OR NOT THE DESIRED
RESULTS ARE OCCURRING BASED ON THE VIEWPOINTS OF STAKEHOLDERS WHO ARE
INVOLVED IN THE NEGOTIATION ON THIS LANGUAGE?
MR. PRETLOW: WELL, THERE'S NO SUNSET IN THIS BUT
I'M SURE PRETTY SURE THAT IT WILL BE FOLLOWED CLOSELY BY THE EXECUTIVE.
MR. JENSEN: OKAY. AND THEN FINALLY THIS BUDGET
BILL INCLUDES PROVISIONS THAT WOULD REQUIRE THE UTILIZATION OF MENTAL
HEALTH INCIDENT REVIEW PANELS. WHAT ARE THE INTENT OF THESE PANELS?
(CONFERENCING)
MR. PRETLOW: THEIR PURPOSE IS GOING TO BE TO
REVIEW INCIDENCES WHERE DEADLY FORCE HAS BEEN USED AND TO MAKE SURE
THAT BEST PRACTICES ARE BEING UTILIZED.
MR. JENSEN: OKAY. SO IN ADDITION TO -- TO THAT
PURPOSE, WOULD THEY ALSO REVIEW INCIDENCES REGARDING INTERACTIONS
WITH LAW ENFORCEMENT TO REVIEW GAPS IN THE SERVICE CONTINUUM THAT
238
NYS ASSEMBLY MAY 7, 2025
COULD LEAD TO AN ESCALATION OF INCIDENTS?
MR. PRETLOW: YES.
MR. JENSEN: OKAY. WITH SEXUAL ASSAULT FORENSIC
EXAMINERS, IS THERE A TIMELINE FOR DOH TO DEVELOP THE REGS AND AN
EFFECTIVE DATE FOR THE ROLLOUT OF THESE?
MR. PRETLOW: TWO YEARS.
MR. JENSEN: TWO YEARS? OKAY.
AND THEN IN THE BUDGET BILL THERE'S AN EXTENSION OF THE
HEALTHCARE FACILITY TRANSFORMATION ROUNDS, THREE AND FOUR. AM I CORRECT
IN NOT SEEING ANY NEW ROUNDS OF THE HEALTHCARE FACILITY TRANSFORMATION
PROGRAMS?
MR. PRETLOW: THEY'RE AREN'T ANY NEW ROUNDS IN
THIS BUDGET PROPOSAL.
MR. JENSEN: WILL WE SEE ANY NEW CAPITAL DOLLARS
FOR ROUNDS THREE OR FOUR IN FUTURE BUDGET BILLS OR A NEW INFLUX OF CAPITAL
DOLLARS FOR HEALTHCARE PROVIDERS FOR CAPITAL --
MR. PRETLOW: I -- I REALLY CAN'T MAKE ANY
ASSUMPTION AS TO WHAT A FUTURE BUDGET PROPOSAL WOULD BE.
MR. JENSEN: YEAH, I MEAN, MR. CHAIRMAN, IT COULD
JUST BE BETWEEN US. I WON'T TELL ANYBODY ELSE IF YOU JUST WANT TO WINK
-- WINK AT ME, DON'T SAY ANYTHING IF WE CAN EXPECT IT.
(LAUGHTER)
THANK YOU VERY MUCH, MADAM SPEAKER. THANK YOU,
MR. CHAIRMAN.
ACTING SPEAKER HUNTER: THANK YOU.
239
NYS ASSEMBLY MAY 7, 2025
MR. RA.
MR. RA: THANK YOU, MADAM SPEAKER. WILL CHAIR
PRETLOW YIELD?
ACTING SPEAKER HUNTER: WILL THE CHAIR
YIELD?
MR. PRETLOW: YES, I WILL.
ACTING SPEAKER HUNTER: THE CHAIR YIELDS.
MR. RA: I'M TRYING A LITTLE MISDIRECTION ON YOU
THERE.
MR. PRETLOW: I'VE NOTICED THAT.
MR. RA: MR. JENSEN LEADOFF.
MR. PRETLOW: MR. JENSEN LEADING OFF. DOES HE
TAKE YOUR SECOND 15 OR DO YOU TAKE IT?
MR. RA: NO, HE IS NOT. I WILL BE RESERVING IT FOR
MYSELF.
SO I WANT TO FOCUS ON PART LL, OF THE HOSTILE TAKEOVER
BY NEW YORK STATE OF NASSAU UNIVERSITY MEDICAL CENTER AND THE
NASSAU HEALTH CARE CORPORATION.
SO THERE ARE A NUMBER OF CONCERNS WITH REGARD TO THIS
AND CHANGES THAT ARE BEING MADE TO THE BOARD EFFECTIVELY GIVING NEW
YORK STATE, REALLY, THE GOVERNOR CONTROL OF -- OF -- OF THE BOARD. SO
LET'S -- LET'S START THERE. MY UNDERSTANDING IS WE'RE TAKING A WHAT IS
NOW A 15 MEMBER BOARD AND REDUCING IT TO 11 MEMBERS?
MR. PRETLOW: YES.
MR. RA: AND THEN THE GOVERNOR WOULD APPOINT SIX
240
NYS ASSEMBLY MAY 7, 2025
OUT OF THE 11 MEMBERS, CORRECT?
MR. PRETLOW: I THOUGHT IT WAS NINE BUT IS IT SIX?
YEAH, SIX.
MR. RA: SIX, AND ONE -- WELL, TWO OF THOSE
APPOINTMENTS WOULD BE AT THE RECOMMENDATION OF THE LEGISLATIVE
LEADERS HERE IN ALBANY, THE -- THE MAJORITY LEADER IN THE SENATE AND
THE SPEAKER IN THE ASSEMBLY.
MR. PRETLOW: CORRECT.
MR. RA: AND ARE THERE ANY APPOINTMENTS AT THE
RECOMMENDATION OF THE MINORITY LEADER OF THE ASSEMBLY OR THE
MINORITY LEADER OF THE SENATE?
MR. PRETLOW: NOT TO MY KNOWLEDGE.
MR. RA: OKAY. AND THEN THE REST OF THE BOARD SEATS
ARE MADE UP OF APPOINTMENTS BY THE COUNTY EXECUTIVE AND THEN THE
LEGISLATIVE MAJORITIES AND MINORITIES IN THE COUNTY LEGISLATURE.
MR. PRETLOW: CORRECT.
MR. RA: NOW WHY ARE WE GIVING APPOINTMENTS TO
THE MINORITY PARTY IN THE COUNTY LEGISLATURE BUT NOT THE MINORITY PARTY
HERE IN ALBANY WHERE WE HAVE SEVEN REPUBLICAN ASSEMBLYMEMBERS
WHO SERVE THIS COUNTY AND FOUR REPUBLICAN STATE SENATORS THAT SERVE
THIS COUNTY WHO WILL HAVE NO APPOINTMENTS, YET THE TWO MAJORITIES
WILL.
MR. PRETLOW: WELL, BECAUSE THEY'RE IN THE
COUNTIES.
MR. RA: WELL, WE --
241
NYS ASSEMBLY MAY 7, 2025
MR. PRETLOW: AND THEY LIVE IN THE COUNTIES AND
THEY'RE REPRESENTING AS THE COUNTY AS THEY'RE LIVING IN THE COUNTY.
MR. RA: I LIVE IN THE COUNTY AS WELL, AND -- AND I
THINK WE SHOULD HAVE LOCAL CONTROL OF -- OF THIS HOSPITAL BOARD.
ONE OF THE OTHER THINGS WITH REGARD TO THESE BOARD
SEATS IS THAT THERE SEEMS TO BE A DIFFERENCE IN THE - AND IT SAYS IN THE
BILL - THE INITIAL TERMS OF THESE MEMBERS WHERE WE HAVE - AND CORRECT
ME IF I'M WRONG, BUT THE COUNTY EXECUTIVE'S APPOINTMENTS ARE GOING TO
SERVE INITIAL TERMS OF TWO YEARS?
MR. PRETLOW: I BELIEVE SO.
MR. RA: BUT THE GOVERNOR'S APPOINTMENTS SERVE
INITIAL TERMS OF FOUR?
MR. PRETLOW: CORRECT.
MR. RA: IS THERE A REASON WHY THERE'S A DIFFERENT
LENGTH IN THE TERMS OF THESE INDIVIDUALS DEPENDING ON WHO THEY'RE
APPOINTED BY?
MR. PRETLOW: I THINK IT HAS TO DO WITH THEIR
TERMS. THE GOVERNOR HAS A FOUR-YEAR TERM AND THE COUNTY LEGISLATORS
HAVE A TWO-YEAR TERM.
MR. RA: WELL, THE COUNTY EXECUTIVE HAS A FOUR-YEAR
TERM AS WELL. I'M TALKING ABOUT THE COUNTY LEGISLATORS.
MR. PRETLOW: OKAY.
MR. RA: THE COUNTY EXECUTIVE, THEY BOTH HAVE
FOUR-YEAR TERMS.
MR. PRETLOW: I'LL HAVE TO CHECK WITH THE
242
NYS ASSEMBLY MAY 7, 2025
EXECUTIVE ON THAT THEN.
MR. RA: YEAH. I -- I -- I -- I HAVE -- I HAVE SOME
HUNCHES AS TO WHAT THE INTENTION IS OF THE GOVERNOR OVER THE COURSE OF
THOSE FOUR YEARS AND I HAVE A HUNCH THAT'S WHY IT'S BEING -- BEING DONE
THAT WAY.
NOW EACH OF THE CURRENT 15 BOARD MEMBERS ARE
ESSENTIALLY -- THEIR TERMS ARE DEEMED LEGALLY EXPIRED AS OF -- IS IT JUNE
1ST?
MR. PRETLOW: JUNE 1ST, I BELIEVE.
MR. RA: OKAY. SO NO MATTER WHAT TIME THEY HAD
LEFT ON THEIR TERMS THAT BOARD IS EFFECTIVELY DISSOLVES AS OF JUNE 1ST AND
WE WILL NOW HAVE THE NEW 11 MEMBER BOARD.
MR. PRETLOW: YES.
MR. RA: OKAY.
MR. PRETLOW: BUT THE DIRECTOR WILL BE STAYING ON
OR CAN STAY ON.
MR. RA: UNTIL THEY PICK A -- A NEW ONE.
MR. PRETLOW: RIGHT.
MR. RA: NOW WITH REGARD TO THE BOARD ORGANIZING
AND HAVING A BOARD CHAIR AND THEN ULTIMATELY A CO WHO IS RESPONSIBLE
FOR -- FOR THE HOSPITAL. WHO'S GOING TO PICK THE CHAIR OF THE BOARD?
MR. PRETLOW: I BELIEVE THE BOARD AS A -- AS A
GROUP WILL TAKE A VOTE AS TO WHO THE CHAIRMAN OF THE BOARD IS.
(CONFERENCING)
MY BAD. THE GOVERNOR PICKS THE CHAIR.
243
NYS ASSEMBLY MAY 7, 2025
MR. RA: THE GOVERNOR APPOINTS THE CHAIR. AND
THEN IN TERMS OF THE CO, THE PERSON RUNNING THE DAY-TO-DAY OPERATIONS
IS APPOINTED BY THE BOARD --
MR. PRETLOW: YES.
MR. RA: -- STILL, BUT THE NASSAU INTERIM FINANCE
AUTHORITY, NIFA, HAS TO APPROVE SALARY AND BENEFITS FOR THAT
INDIVIDUAL.
MR. PRETLOW: YES.
MR. RA: OKAY. YOU KNOW, AND I WOULD NOTE FOR MY
COLLEAGUES WHO AREN'T FAMILIAR WITH -- WITH NASSAU COUNTY OR NIFA,
NIFA IS ANOTHER ENTITY THAT HAS SEVEN DIRECTORS, ALL OF WHOM ARE
APPOINTED BY THE GOVERNOR, SOME IN CONSULTATION WITH THE MAJORITY
LEADER AND -- AND THE SPEAKER HERE IN ALBANY. SO YOU MAY NOT
CHARACTERIZE THIS AS A TAKEOVER, BUT EFFECTIVELY WHAT WE'RE DOING HERE IS
MAKING SURE THAT THE GOVERNOR HAS CONTROL OF THIS ENTITY EVERY WHICH
WAY. AND I WOULD NOTE THAT NIFA HAS OVER THE COURSE OF ITS HISTORY
ALWAYS SEEMED TO TREAT REPUBLICAN ADMINISTRATIONS DIFFERENTLY THAN
DEMOCRATIC ONES. AND AS THE HOSPITAL WAS TRYING TO VINDICATE THEIR
RIGHTS TO SOME FUNDING THAT THEY FEEL THE STATE HAS WITHHELD, NIFA
TRIED TO BLOCK THEM FROM DOING SO. SO THAT IS TREMENDOUSLY CONCERNING
TO ME.
NOW, NEW YORK STATE EFFECTIVELY HAVING CONTROL OF
THIS HOSPITAL, THERE ARE A NUMBER OF ASSETS AND -- AND -- AND OTHER
THINGS THAT ARE -- ARE POTENTIALLY IMPACTED. SO ONE OF THE THINGS IS
THERE ARE BOND OBLIGATIONS THAT THE HOSPITAL HAS.
244
NYS ASSEMBLY MAY 7, 2025
WHAT IS NEW YORK STATE'S ROLE SHOULD THE NASSAU
HEALTH CARE CORPORATION DEFAULT ON ITS BOND OBLIGATIONS IN THE FUTURE?
MR. PRETLOW: WELL, THE PURPOSE OF THIS NEW
BOARD IS TO REDIRECT THE ACTIVITIES OF MANAGEMENT OF THE HOSPITAL AND
ASSIST THEM IN PAYING OFF THESE OVERDUE BONDS, OR THESE DEBTS THAT HAVE
BEEN INCURRED OVER THE PAST SEVERAL YEARS.
MR. RA: BUT IF -- IF -- IF THEY WERE TO DEFAULT ON
THESE BONDS, IS NEW YORK STATE TAKING RESPONSIBILITY OR THE TAXPAYERS
OF NASSAU COUNTY RESPONSIBLE FOR THOSE?
MR. PRETLOW: IT DOESN'T CHANGE FROM WHAT IT IS
RIGHT NOW. THE LEGISLATION DOESN'T CHANGE THAT AT ALL.
MR. RA: OKAY. IF -- IF THE NEW BOARD WERE TO TAKE
ON NEW DEBT, IS -- IS THE STATE RESPONSIBLE FOR THAT OR THE TAXPAYERS OF
NASSAU COUNTY ON -- ON THE HOOK FOR THAT?
MR. PRETLOW: STILL THE SAME.
MR. RA: ONE OF THE THINGS THE NAS -- THE NASSAU
HEALTH CARE CORPORATION DOES IS PROVIDE OTHER SERVICES FOR THE COUNTY,
IN PARTICULAR THEY MANAGE THE CORRECTIONAL CENTER HEALTH SERVICES AND
HEALTH SERVICE FOR THE DEPARTMENT OF SOCIAL SERVICES. CAN WE
GUARANTEE -- CAN NEW YORK STATE WITH THIS RECONSTITUTED BOARD
GUARANTEE THAT NASSAU COUNTY AND OUR COMMUNITY AREN'T GOING TO LOSE
ANY OF THOSE SERVICES?
MR. PRETLOW: WELL, THE INTENT OF THIS LEGISLATION
IS TO ENSURE THAT THE NASSAU COUNTY MUNICIPAL HEALTH AGENCY CAN
CONTINUE TO MANAGE THOSE. BUT GIVEN THE INDICATIONS AS TO WHAT WAS
245
NYS ASSEMBLY MAY 7, 2025
EXPERIENCED IN THE PAST WE DON'T KNOW IF UNDER THE CURRENT BOARD THAT
CAN BE DONE.
MR. RA: AND WITHIN THE AGREEMENT THAT NASSAU
HEALTH CARE CORPORATION HAS WITH THE COUNTY, THE STATE PLEDGED NOT TO
LIMIT OR IMPAIR THEIR AGREEMENT WITH THE COUNTY UNTIL THE BONDS WERE
FULLY SATISFIED.
DOES THIS CHANGE LIMIT OR IMPAIR NASSAU HEALTH CARE
COMMUNITY -- NASSAU HEALTH CARE CORPORATION'S AGREEMENT WITH THE
COUNTY THAT THEY HAD WITH REGARD TO THE STATE NOT LIMITING OR REPAIRING
THEIR AGREEMENT?
MR. PRETLOW: NO, IT DOESN'T.
MR. RA: THERE WAS -- THERE WAS ALSO A PROVISION --
THIS IS LINE, I BELIEVE IT'S THE TOP OF PAGE 69, THAT SAYS, ALL CONTRACTS OR
OBLIGATIONS ENTERED INTO BY THE CORPORATION FOR OVER $1 MILLION WILL BE
SUBJECT TO THE APPROVAL OF THE NASSAU COUNTY INTERIM FINANCE
AUTHORITY. MY UNDERSTANDING IS CURRENTLY IF THE CURRENT BOARD WOULD
NEED APPROVAL JUST OVER --
ACTING SPEAKER HUNTER: MR. LAVINE, WHY DO
YOU RISE?
MR. LAVINE: TO QUESTION WHETHER THE SPEAKER WILL
YIELD?
ACTING SPEAKER HUNTER: WILL THE SPEAKER
YIELD?
MR. RA: I'D BE HAPPY TO, MR. LAVINE.
MR. LAVINE: THANK YOU. SO DO YOU KNOW HOW
246
NYS ASSEMBLY MAY 7, 2025
MANY PEOPLE IN THE NASSAU UNIVERSITY MEDICAL CENTER TREATS A YEAR?
MR. RA: ABOUT 300,000.
MR. LAVINE: AND THAT'S ABOUT 300 A DAY? YES.
AND DO YOU KNOW THAT IT'S LOCATED IN AN AREA WHERE THERE ARE FEW IF ANY
URGENT CARES?
MR. RA: I'M SORRY?
MR. LAVINE: IT'S LOCATED IN AN AREA OF NASSAU
COUNTY WHERE THERE ARE FEW IF ANY URGENT CARE FACILITIES.
MR. RA: SURE.
MR. LAVINE: AND DO YOU KNOW HOW MUCH IT LOST
IN 2023?
MR. RA: I'M FAMILIAR WITH THEIR FINANCES, BUT ARE YOU
FAMILIAR WITH THE CHANGE THAT THEY HAVE MADE IN TERMS OF THEIR
FINANCIAL SITUATION?
MR. LAVINE: I'M FAMILIAR WITH THE FACT THAT THEY
LOST 180 MILLION IN 2023 AND 158 MILLION IN 2024; IS THAT CORRECT?
MR. RA: I THINK IT IS, YES.
MR. LAVINE: YES. SO IS THAT A MATTER OF CONCERN?
MR. RA: I THINK THAT'S A MATTER OF CONCERN, BUT
WHAT'S ALSO A MATTER OF CONCERN IS THE IDEA OF NEW YORK STATE COMING
IN THAT HAS -- WE'VE SEEN IN PREVIOUS BUDGETS FUNDING GET ALLOCATED TO
ANY NUMBER OF OTHER HOSPITALS, BUT THE STATE HAS NOT BEEN WILLING TO
HELP WHAT IS A SAFETY NET HOSPITAL THAT SERVES, AS I'M SURE YOU'RE AWARE,
A LARGELY MEDICAID AND UNINSURED POPULATION, AND WE HAVE ANY
NUMBER OF HOSPITALS AROUND THIS STATE. WE'VE SEEN OUR OWN, RIGHT,
247
NYS ASSEMBLY MAY 7, 2025
SUNY-RUN HOSPITALS EXPERIENCE SIMILAR ISSUES THAT SERVE THESE
POPULATIONS BECAUSE THE REIMBURSEMENT RATES ARE LOW, BECAUSE THEY ARE
TREATING UNINSURED PATIENTS AND NOBODY IS GOING TO BE ABLE TO HAVE A
PROFITABLE INSTITUTION UNDER THOSE SITUATIONS.
MR. LAVINE: SO I AM FAMILIAR WITH THE NASSAU
UNIVERSITY MEDICAL CENTER AND HAVE BEEN FOR MANY YEARS, AND AS A
MATTER OF FACT HAVE SPENT WITH SEVERAL OF MY FRIENDS THEIR LAST MOMENTS
ON EARTH THERE. AND I THINK THAT EVERY ONE OF GOOD CONSCIENCE WANTS
TO MAKE SURE THAT THIS HOSPITAL SUCCEEDS AND I'M SURE YOU WOULD AGREE
WITH THAT.
MR. RA: I -- I WOULD AGREE AND I HOPE THAT THAT'S THE
INTENTION, BUT ARE YOU, MR. LAVINE, AND I KNOW YOU ASKED ME TO YIELD,
BUT CAN I ASK YOU A QUESTION?
MR. LAVINE: THAT'S WHAT I'M HERE FOR.
MR. RA: OKAY. ARE YOU FAMILIAR, I'M SURE YOU ARE,
WITH THE REPORT THAT WAS DONE DURING THE PRIOR ADMINISTRATION WITH
REGARD TO THE FUTURE OF THE HOSPITAL?
MR. LAVINE: YES.
MR. RA: WHICH RECOMMENDED IT BECOME A LIMITED
PSYCH FACILITY WITH JUST A FEW HUNDRED EMPLOYEES AS OPPOSED TO I'M
SURE YOU'RE AWARE THERE ABOUT 3,600 EMPLOYEES WORKING THERE NOW AS A
FULL HOSPITAL WITH AN EMERGENCY ROOM, WITH A BURN CENTER, A LEVEL ONE
TRAUMA CENTER. A LOT OF THE LANGUAGE I SEE HERE LOOKS VERY SIMILAR TO
WHAT IS IN THAT REPORT.
SO I AM QUESTIONING WHAT THE LONG-TERM INTENTION IS
248
NYS ASSEMBLY MAY 7, 2025
FOR THIS HOSPITAL. SO I HOPE YOU ARE CORRECT THAT THE INTENTION IS TO PUT
THE HOSPITAL ON -- ON SOUND FISCAL FOOTING SO THAT IT CAN CONTINUE TO
SERVE THE COMMUNITY, BECAUSE AS I'M SURE YOU'RE AWARE YOU LOSE A
HOSPITAL LIKE THIS, THE IMPACT THAT IT'LL HAVE ON OUR CONSTITUENTS WOULD
BE IMMENSE. WOULD YOU AGREE?
MR. LAVINE: SEVENTY PERCENT OF THE FOLKS WHO ARE
TREATED AT NUMC COME FROM MINORITY COMMUNITIES AND UNDERSERVED
COMMUNITIES AND THAT'S WHY THERE ARE SO VERY FEW URGENT CARE FACILITIES
IN THOSE NEIGHBORHOODS, AND THERE ARE 3,500 EMPLOYEES THERE.
NOW, YOU DO KNOW THAT OUTSIDE AUDITORS FOR AT LEAST
THE LAST FIVE YEARS HAVE SAID THAT THAT HOSPITAL CANNOT CONTINUE
FUNCTIONING THE WAY IT FUNCTIONS. IT'S GOING TO FAIL.
MR. RA: YES, AND I'M CURIOUS AS TO WHY WE ARE
DOING THIS NOW IF WE'VE BEEN TALKING ABOUT THIS FOR FIVE YEARS. WHY
DIDN'T WE DO THIS FIVE YEARS AGO?
MR. LAVINE: WELL, AS SOMEONE VERY WISE ONCE TOLD
ME, IF NOT FOR THE LAST MINUTE NOTHING WOULD EVER GET DONE, BUT WE ALSO
ARE AWARE THAT NEWSDAY HAS REFERRED TO THE HOSPITAL AS A SINKING SHIP,
CORRECT?
MR. RA: YES, BUT I DON'T ALWAYS TAKE EVERYTHING THAT
I READ IN NEWSDAY AS GOSPEL, SO I THINK THAT CHARACTERIZATION MAY MEAN
MORE TO YOU FROM NEWSDAY THAN IT DOES TO ME.
MR. LAVINE: WELL, I THINK IT OUGHT TO MEAN A LOT TO
EVERYONE WHO'S CONCERNED ABOUT THE FUTURE OF THE HOSPITAL. AND YOU
ARE AWARE THAT THE EXECUTIVE OFFICER OR THE CHAIRMAN OF THE BOARD,
249
NYS ASSEMBLY MAY 7, 2025
MATTHEW BRUDERMAN MADE A COMPLAINT TO THE POLICE THAT HIS HOME ON
CENTER ISLAND --
MR. RA: (INDISCERNIBLE) --
MR. LAVINE: -- ON CENTER ISLAND.
MR. RA: THE FORMER CHAIRMAN, HE WAS DISMISSED BY
THE COUNTY EXECUTIVE.
MR. LAVINE: AND I THINK I'M GOING TO GET TO THAT
POINT BUT I'M GLAD THAT YOU EMPHASIZED THAT BECAUSE TWO WEEKS AGO
THE COUNTY EXECUTIVE FORCED HIM TO RESIGN. OH, ACTUALLY FIRED HIM,
FIRED HIM WHEN HE WOULDN'T OFFER A RESIGNATION. NOW, THAT GUY, MR.
BRUDERMAN CLAIMED -- AND THIS IS THE GUY WHO'S RUNNING THE HOSPITAL --
THAT GUY CLAIMED THAT BURGLARS --
MR. RA: WELL, HE'S THE CHAIR OF THE BOARD, THE CEO
IS RUNNING THE HOSPITAL.
MR. LAVINE: AND -- AND -- AND WE KNOW WHO HE
ANSWERS TO, RIGHT, TO THE COUNTY EXECUTIVE. ANY QUESTION ABOUT THAT?
I DON'T THINK SO.
SO HE CLAIMED - AND I KNOW THIS MAY NOT BE VERY
COMFORTABLE FOR SOME PEOPLE TO KNOW ABOUT - BUT HE CLAIMED THAT
BURGLARS ACTUALLY BROKE INTO HIS MANSION ON CENTER ISLAND AND STOLE
MATERIAL DOCUMENTS THAT THE FBI WANTED.
MR. RA: YES.
MR. LAVINE: NOW DOES THAT GIVE US CONFIDENCE IN
THE WAY THIS HOSPITAL IS BEING MANAGED?
MR. RA: WELL, AGAIN, HE WAS FIRED BY -- BY THE
250
NYS ASSEMBLY MAY 7, 2025
COUNTY EXECUTIVE.
MR. LAVINE: DOES THAT GIVE YOU CONFIDENCE? DID
YOU HAVE CONFIDENCE IN THE HOSPITAL WHEN IT ENDORSED THE POLITICAL
CANDIDATE FOR DISTRICT ATTORNEY, BECAUSE I DIDN'T HEAR ANYONE ON YOUR
SIDE OF THE AISLE SAYING --
ACTING SPEAKER HUNTER: GENTLEMEN,
GENTLEMEN. WE NEED TO BE SPEAKING ON THE BILL.
DO YOU CONTINUE TO YIELD, MR. RA?
MR. RA: MY TIME'S UP.
ACTING SPEAKER HUNTER: YOU'RE NOT DOING
YOUR SECOND 15?
MR. RA: NOT RIGHT NOW.
THANK YOU, MR. LAVINE.
MR. LAVINE: YOU'RE WELCOME, MR. RA, AND THANK
YOU.
ACTING SPEAKER HUNTER: MR. DURSO.
MR. DURSO: THANK YOU, MADAM SPEAKER. WOULD
THE CHAIR YIELD FOR SOME QUESTIONS?
ACTING SPEAKER HUNTER: WILL THE CHAIR
YIELD?
MR. PRETLOW: YES.
ACTING SPEAKER HUNTER: THE CHAIR YIELDS.
MR. DURSO: THANK YOU, MR. PRETLOW.
SO TO CONTINUE WITH WHAT MY COLLEAGUE WAS SPEAKING
OF, ARE -- ARE WE CONSIDERING THIS A STATE TAKEOVER OF NUMC?
251
NYS ASSEMBLY MAY 7, 2025
MR. PRETLOW: I BELIEVE YOU CAN TERM IT THAT BUT
IT'S NOT REALLY A STATE TAKEOVER. IT'S STILL BEING RUN BY THE COUNTY.
MR. DURSO: SO IT'S STILL BEING RUN BY THE COUNTY
AND -- OKAY. SO WITH THAT BEING SAID AND JUST TO -- I KNOW WE'RE GOING
TO GO OVER A LOT OF THE SIMILAR QUESTIONS HERE, BUT THEY'RE CHANGING THE
BOARD FROM 15 TO 11, CORRECT?
MR. PRETLOW: YES.
MR. DURSO: IF IT'S NOT A STATE TAKEOVER, WHY IS IT
THAT THERE'S GOING TO BE SIX APPOINTEES APPOINTED BY ELECTED OFFICIALS
THAT LIVE OUTSIDE THE COUNTY? SHOULDN'T WE HAVE A COUNTY HOSPITAL RUN
BY THOSE WHO UNDERSTAND WHAT GOES ON IN THE COUNTY?
MR. PRETLOW: I BELIEVE THE EXECUTIVE'S OPINION IS
TO ENSURE THAT THE BOARD IS WELL RUN.
MR. DURSO: THAT -- SO THE ELECTED OFFICIALS THAT
LIVE OUTSIDE THE COUNTY THAT ARE GOING TO APPOINT THOSE THAT SIT ON THIS
BOARD THAT'S GOING FROM 11 TO 15 ARE GOING TO KNOW WHAT THE NEEDS OF
NASSAU COUNTY ARE BETTER THAN THOSE WHO LIVE IN NASSAU COUNTY?
MR. PRETLOW: WELL, I BELIEVE THAT ONLY TWO WILL
LIVE OUTSIDE THE COUNTY.
MR. DURSO: WELL, IT'S ONLY TWO TOTAL YOU'RE SAYING
THAT COULD LIVE OUTSIDE THE COUNTY?
MR. PRETLOW: YES.
MR. DURSO: BUT THEY'RE GOING TO BE APPOINTED BY
THOSE THAT LIVE OUTSIDE THE COUNTY IS WHAT I WAS SAYING, CORRECT?
MR. PRETLOW: IT DEPENDS ON WHERE THE GOVERNOR
252
NYS ASSEMBLY MAY 7, 2025
IS FROM.
MR. DURSO: WELL, THE CURRENT GOVERNOR IS FROM
BUFFALO, CORRECT?
MR. PRETLOW: THE CURRENT GOVERNOR IS FROM --
LIVES IN BUFFALO.
MR. DURSO: CORRECT. SO SHE DOESN'T KNOW MUCH
ABOUT NASSAU COUNTY.
MR. PRETLOW: EVERYBODY KNOWS ABOUT NASSAU
COUNTY.
MR. DURSO: WHAT DO YOU KNOW ABOUT NASSAU
COUNTY, SIR?
MR. PRETLOW: I KNOW IT'S TO THE EAST OF QUEENS
COUNTY AND TO THE WEST OF SUFFOLK COUNTY. IT HAS BEACHES. IT HAS
ISLANDS THAT ARE ON FIRE. IT HAS --
MR. DURSO: WELL, NOT ANYMORE, NOT ANYMORE.
WRONG COUNTY ACTUALLY, YES. THAT WAS SUFFOLK COUNTY.
MR. PRETLOW: ISN'T FIRE ISLAND IN NASSAU COUNTY?
MR. DURSO: NO.
MR. PRETLOW: OH, THAT'S SUFFOLK? I'VE NEVER BEEN
THERE.
MR. DURSO: THAT'S OKAY.
MR. PRETLOW: I KNOW NOTHING ABOUT --
MR. DURSO: NEITHER OR PROBABLY SOME OF THE
PEOPLE THAT WILL BE APPOINTED TO THIS BOARD, BUT THAT'S OKAY.
(LAUGHTER)
253
NYS ASSEMBLY MAY 7, 2025
SO NOW THERE'S GOING TO BE - AND I'M JUST GOING TO READ
THIS AGAIN - SIX APPOINTED BY THE GOVERNOR INCLUDING THE FOLLOWING,
ONE SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE SPEAKER OF THE
ASSEMBLY, ONE SHALL BE APPOINTED UPON RECOMMENDATION OF THE
TEMPORARY PRESIDENT OF THE SENATE, CORRECT?
MR. PRETLOW: YES.
MR. DURSO: THEN THERE WILL BE TWO APPOINTED BY
THE COUNTY EXECUTIVE FOR ONLY THOSE TWO YEARS. WHAT WAS YOUR
REASONING FOR THE TWO YEARS ONLY, SIR?
MR. PRETLOW: THAT IS WHAT THE EXECUTIVE HAD
SUGGESTED THAT WE DO AND PART OF THE NEGOTIATION THAT WAS FINALIZED TO
BE CONTAINED IN THIS BUDGET.
MR. DURSO: SO AGAIN, THE TWO APPOINTED BY THE
COUNTY EXECUTIVE WHO ESSENTIALLY IS IN CHARGE OF OUR COUNTY ONLY GETS
TWO YEARS, BUT THEN THE TWO APPOINTED -- ONE APPOINTED BY THE
MINORITY LEADER OF THE COUNTY LEGISLATURE GETS A THREE-YEAR TERM. WHY
WOULD IT ONLY BE -- WHY WOULD IT BE THREE YEARS FOR A COUNTY LEGISLATOR
ONLY HAS A TWO-YEAR TERM, BUT TWO YEARS FOR A COUNTY EXECUTIVE HAS A
FOUR YEAR?
MR. PRETLOW: THAT'S HOW THE NEGOTIATIONS
WORKED OUT.
MR. DURSO: OKAY. SO IT DIDN'T WORK OUT IN OUR
FAVOR IS WHAT YOU'RE SAYING.
MR. PRETLOW: SOMETIMES THAT HAPPENS.
MR. DURSO: SURE. I'M JUST GOING TO CONTINUE WITH
254
NYS ASSEMBLY MAY 7, 2025
MY NOTES HERE. MUST BE RESIDENTS, OKAY. SO DIRECTORS APPOINTED BY THE
COUNTY EXECUTIVE AND THE COUNTY LEGISLATURE MUST BE RESIDENTS OF
NASSAU COUNTY, FOUR OF THE DIRECTORS APPOINTED BY THE GOVERNOR MUST
BE RESIDENTS OF NASSAU COUNTY, PROVISIONS REQUIRED APPOINTEES OF THE
GOVERNOR TO BE APPOINTED ON THE RECOMMENDATION OF THE COUNTY
EXECUTIVE AND THE COUNTY LEGISLATURE ARE REMOVED. WHY ARE THEY
REMOVING THOSE PROVISIONS?
MR. PRETLOW: I'M NOT -- WHAT SECTION ARE YOU
REFERRING TO?
MR. DURSO: I DON'T HAVE THE SAME SECTION YOU DO,
SIR. I JUST HAVE OUR MEMO BREAKDOWN.
SO ACTUALLY LET ME JUST GET TO A DIFFERENT QUESTION. IT
SAYS THE BOARD NO LONGER REQUIRES THE APPROVAL OF THE COUNTY
EXECUTIVE, CORRECT, WHEN SELECTING THE CEO.
MR. PRETLOW: I DO NOT BELIEVE THAT'S CORRECT.
MR. DURSO: SO THE BOARD NO LONGER REQUIRES THE
APPROVAL OF THE COUNTY EXECUTIVE WHEN SELECTING A CEO. AND THE
SALARY AND BENEFITS OF THAT CEO WILL BE SUBJECT TO NIFA APPROVAL,
CORRECT?
MR. PRETLOW: YES.
MR. DURSO: OKAY. WHO APPOINTS THOSE THAT ARE
PART OF NIFA?
MR. PRETLOW: I BELIEVE THAT WOULD BE THE
GOVERNOR.
MR. DURSO: SO ESSENTIALLY IT'S A STATE TAKEOVER OF
255
NYS ASSEMBLY MAY 7, 2025
THE COUNTY HOSPITAL, CORRECT, BECAUSE NIFA AND THE GOVERNOR ARE
ESSENTIALLY CONTROLLING THE BOARD AND WHO GETS APPOINTED TO THE BOARD,
CORRECT?
MR. PRETLOW: I WOULDN'T TERM IT AS A STATE
TAKEOVER. IT MAY HAVE THAT APPEARANCE.
MR. DURSO: IT CERTAINLY DOES. OKAY. SO JUST
ANOTHER FOOD FOR THOUGHT HERE.
LAST YEAR WE GAVE $100 MILLION TO SUNY DOWNSTATE.
WAS THERE A SIMILAR MECHANISM PUT IN PLACE FOR A SIMILAR TAKEOVER OF
THAT BOARD IN COMPARISON TO THE BOARD OF NASSAU COUNTY HOSPITAL?
MR. PRETLOW: NO.
MR. DURSO: WHY NOT?
MR. PRETLOW: IT'S ALREADY A STATE HOSPITAL, I
BELIEVE.
MR. DURSO: IT'S ALREADY A STATE HOSPITAL? BUT WHY
-- OKAY. SO --
MR. PRETLOW: SUNY DOWNSTATE IS A STATE
HOSPITAL.
MR. DURSO: ALL RIGHT. SO IT'S ALREADY A STATE
HOSPITAL SO NOW WE'RE MAKING NASSAU COUNTY MEDICAL CENTER A STATE
HOSPITAL, CORRECT?
MR. PRETLOW: NOT REALLY. IT'S STILL GOING TO BE
NASSAU COUNTY'S HOSPITAL.
MR. DURSO: UNDERSTOOD. SO WHAT WAS THE REASON
FOR THE $100 MILLION TO SUNY DOWNSTATE?
256
NYS ASSEMBLY MAY 7, 2025
MR. PRETLOW: THEY HAD TO SHORE UP SOME OF THE
EXPENSES THAT WERE NECESSARY.
MR. DURSO: SO WHY ARE THEY NOT GIVING NASSAU
COUNTY MEDICAL CENTER WHO NEEDS SOME SHORING UP $100 MILLION?
MR. PRETLOW: WE -- WE ARE GIVING THE MEDICAL
CENTER $50 MILLION.
MR. DURSO: IT'S NOT HUNDRED.
MR. PRETLOW: THEY'RE GETTING WHAT, 50 MILLION IN
CAPITAL.
MR. DURSO: I'M SORRY, SIR?
MR. PRETLOW: WE GAVE THEM $50 MILLION.
MR. DURSO: OKAY. BUT WE GAVE SUNY DOWNSTATE
100. WHY THE $50 MILLION DISCREPANCY ON TWO HOSPITALS THAT NEEDED
MONEY, NEEDED FUNDING TO OPERATE? WHY ARE WE GIVING SUNY
DOWNSTATE THAT CHANCE AND NOT TAKING OVER THEIR BOARD, CHANGING HOW
THEIR BOARD IS STRUCTURED BUT WE'RE CHANGING NASSAU COUNTY MEDICAL
CENTER --
MR. PRETLOW: WELL, FIRST OF ALL, SUNY DOWNSTATE
HAD MORE NEEDS THAN -- THAN NASSAU HAS RIGHT NOW. SO THAT'S WHY THEY
GOT THE $100 MILLION.
MR. DURSO: WHAT DIFFERENT NEEDS DID THEY HAVE, IF
YOU REMEMBER.
MR. PRETLOW: WELL, THEY DIDN'T HAVE THE SAME
CAPITAL NEEDS, FIRST OF ALL.
MR. DURSO: OKAY. BUT --
257
NYS ASSEMBLY MAY 7, 2025
MR. PRETLOW: SO THEY -- SO YOU RECEIVE OR YOU
RECEIVE -- IT'S NOT ONLY YOU, IT'S THE MEDICAL CENTER IS RECEIVING I
BELIEVE $50 MILLION IN CAPITAL TO SHORE UP SOME OF ITS FACILITIES.
MR. DURSO: UNDERSTOOD. BUT AS MY COLLEAGUE HAD
SAID BEFORE, THE FINANCIAL DISTRESS AS HE CALLED IT THAT NASSAU COUNTY
MEDICAL CENTER HAS BEEN IN, IT IS STILL A VERY VITAL AND IMPORTANT PIECE
OF NASSAU COUNTY BEING ONE OF OUR MAIN HOSPITALS HAVING CERTAIN
CENTERS JUST LIKE THE BURN UNIT AND ALL THESE OTHER THINGS THAT ARE REALLY
SPECIFIC AND IMPORTANT TO THOSE THAT LIVE IN NASSAU COUNTY. WHY
WOULDN'T WE JUST FUND IT AS OPPOSED TO JUST TAKING OVER THE BOARD? IT'S
NOT GOING TO CHANGE THE FINANCIAL STRESS THAT IT'S IN RIGHT NOW.
MR. PRETLOW: WELL, THE STATE DID ATTEMPT TO WORK
WITH NASSAU COUNTY AND THEY REFUSED TO TAKE THE HELP.
MR. DURSO: HOW IS THAT? CAN YOU EXPLAIN THAT?
MR. PRETLOW: THEY WOULDN'T SHARE INFORMATION,
THEY WOULDN'T WORK WITH THE STATE. THEY TRIED -- THE STATE TRIED TO GIVE
THEM DISTRESSED HOSPITAL PAYMENTS AND THEY DIDN'T ACCEPT THEM.
MR. DURSO: DO YOU KNOW BY ANY CHANCE, SIR, IF
THE DEPARTMENT OF HEALTH HAS EVER MET WITH THE HOSPITAL?
MR. PRETLOW: I BELIEVE MULTIPLE TIMES.
MR. DURSO: OKAY. FROM WHAT WE UNDERSTAND THAT
IS NOT HAPPENING, THAT THE DOH HAS REFUSED TO MEET WITH NASSAU
COUNTY MEDICAL CENTER AND THEIR BOARD TO DISCUSS SOME OF THE NEEDS
OF THE HOSPITAL. MY CONCERN AGAIN, SIR, OBVIOUSLY IS BEING A NASSAU
COUNTY RESIDENT --
258
NYS ASSEMBLY MAY 7, 2025
ACTING SPEAKER HUNTER: MR. LAVINE, WHY DO
YOU RISE?
MR. LAVINE: WILL THE SPEAKER YIELD?
MR. DURSO: ABSOLUTELY, SIR.
ACTING SPEAKER HUNTER: THE SPEAKER YIELDS.
MR. LAVINE: THE STATE OFFERED $84 MILLION AND ALL
THE STATE WANTED IN RETURN WAS FOR THE HOSPITAL TO BE RUN LIKE A HOSPITAL
INCLUDING FILING ACTUAL FINANCIAL STATEMENTS, INCLUDING A PROFESSIONAL
SEARCH FOR THE CHIEF EXECUTIVE, INCLUDING REAL INFORMATION ON THE
HIGHEST PAID EMPLOYEES AT THIS PARTICULAR FACILITY AND PAID TO THE
OUTSIDE LOBBYISTS AND THE FINANCIAL CONSULTANTS, AND THE COUNTY SIMPLY
SAID NOT INTERESTED.
MR. DURSO: AND WHY DO YOU THINK THAT IS, SIR?
MR. LAVINE: NOW I COULD GIVE YOU A DIPLOMATIC
ANSWER.
MR. DURSO: I WOULD PREFER YOUR ANSWER.
MR. LAVINE: I'M GOING TO GIVE YOU THE TRUTH AS I
SEE IT.
MR. DURSO: YES, SIR.
MR. LAVINE: I DON'T THINK THE COUNTY WANTS TO RUN
THIS FACILITY. AND I THINK THE COUNTY HAS WANTED TO GET RID OF THIS
FACILITY AND THE A. HOLLY PATTERSON NURSING FACILITY FOR MANY, MANY
YEARS. AND I WOULD ASK YOU, WHY WOULD THE COUNTY EXECUTIVE PUT
SOMEONE IN CHARGE OF THE BOARD WHO HAD ABSOLUTELY NO EXPERIENCE
WHATSOEVER IN TERMS OF HEALTHCARE OR RUNNING A HOSPITAL? AND THAT'S
259
NYS ASSEMBLY MAY 7, 2025
THE GUY WHOSE HOME AS YOU WILL RECALL WAS BURGLARIZED AND ALL THAT
WAS TAKEN, NONE OF THE EXPENSIVE ARTWORK, NONE OF THE EXPENSIVE
AUTOMOBILES.
MR. DURSO: I UNDERSTAND, SIR.
MR. LAVINE: I KNOW YOU DON'T WANT TO HEAR THIS,
BUT --
MR. DURSO: NO, NO. IT'S NOT THAT I DON'T WHAT TO
HEAR IT. IT'S JUST I'M LIMITED ON TIME AND WE'RE TALKING ABOUT SOMEONE'S
PRIVATE ISSUES THAT I HAVE NOTHING TO DO WITH. IF YOU WANT TO TALK ABOUT
WHY THEY WILL PUT SOMEONE IN CHARGE LIKE THAT, CAN YOU GUARANTEE ME
THAT THE GOVERNOR AND NIFA'S GOING TO PUT SOMEONE IN CHARGE THAT'S
QUALIFIED?
MR. LAVINE: WELL, THE COUNTY EXECUTIVE SAID HE
NEEDED SOME -- HE NEEDED --
MR. DURSO: CAN YOU GUARANTEE ME THAT --
ACTING SPEAKER HUNTER: WE'RE ASKING AND
ANSWERING QUESTIONS, GENTLEMEN, PLEASE.
MR. LAVINE: SO THE ANSWER TO YOUR QUESTION IS
WHEN MATTHEW BRUDERMAN WAS APPOINTED, THE COUNTY EXECUTIVE SAID
HE NEEDED SOMEONE OF HIS STATURE TO BE INVOLVED AT THE HOSPITAL. I AM
--
MR. DURSO: MR. LAVINE, ARE YOU GOING TO ANSWER
MY QUESTION?
MR. LAVINE: YOU KNOW, I -- MR. DURSO, YOU'RE A
GOOD GUY.
260
NYS ASSEMBLY MAY 7, 2025
ACTING SPEAKER HUNTER: MR. TAGUE, WHY DO
YOU RISE?
MR. TAGUE: I'M WONDERING, MADAM SPEAKER, WHAT
THE GERMANENESS OF THIS DISCUSSION IS ON THIS BUDGET BILL THAT WE ARE
DISCUSSING RIGHT NOW? I THINK IT'S TIME THAT WE MOVE ON, TALK ABOUT THE
BILL AND NEVER MIND THIS POLITICAL DISCUSSION.
ACTING SPEAKER HUNTER: THANK YOU, MR.
TAGUE.
MR. DURSO: MR. LAVINE, I UNDERSTAND YOUR
CONCERN WITH WHO WAS PRIORLY APPOINTED. MY CONCERN IS GOING
FORWARD. OBVIOUSLY THIS BILL HAS BEEN BROUGHT TO THE FLOOR, CORRECT?
THE BUDGET BILL ITSELF IS GOING TO PASS, WHICH IS NOW GOING TO ALLOW FOR
ESSENTIALLY A STATE TAKEOVER. IF YOU WANT TO STAND UP AND SAY TO ME
THAT YOU CAN GUARANTEE THAT THE PERSON THAT'S GOING TO BE THE CEO OF
THIS HOSPITAL IS GOING TO BE QUALIFIED IN HEALTHCARE, I WOULD LOVE TO HEAR
THAT FROM YOU.
MR. LAVINE: HISTORY MATTERS.
MR. DURSO: JUST ANSWER THE QUESTION, PLEASE, SIR.
MR. LAVINE: I WOULD BE HAPPY TO ANSWER THE
QUESTION. AND IF YOU'LL ALLOW ME TO --
MR. DURSO: YES.
MR. LAVINE: -- I'LL BE VERY PLEASED TO. HISTORY
DOESN'T MATTER? ARE WE SUPPOSED TO ACCEPT THAT THERE'S GOING TO BE A
WHOLE NEW TURN OF LIFE'S EVENTS AT THIS HOSPITAL THAT RUNS CONTRARY TO
WHAT WE HAVE SEEN OVER THE COURSE OF THE LAST YEARS? I'M NOT THAT
261
NYS ASSEMBLY MAY 7, 2025
GULLABLE AND I DON'T THINK ANY OF US SHOULD BE THAT GULLABLE.
MR. DURSO: I AGREE.
MR. LAVINE: AND IF THIS HOSPITAL DOESN'T CHANGE, IT
IS GOING TO FAIL AND THAT IS GOING TO BE VERY BAD FOR EVERYONE IN NASSAU
COUNTY AND EVERYONE IN OUR REGION OF THE -- OF THE STATE AND WE DO NOT
WANT TO SEE THAT HAPPEN.
NOW YOU HAVE A DIFFERENT VIEW, BUT YOUR VIEW HAS
HELD FOR YEARS.
MR. DURSO: MR. LAVINE, MR. LAVINE, UNFORTUNATELY
I'M GOING TO RUN OUT OF TIME AND IF YOU WOULD LIKE TO STAND AND ASK ME
QUESTIONS, I'D APPRECIATE YOU ANSWER THE QUESTIONS THAT I ASK YOU.
YOU'RE REFUSING TO DO THAT, SIR, SO I APOLOGIZE BUT I NO LONGER YIELD TO
MR. LAVINE.
MR. LAVINE: OH, MY GOODNESS GRACIOUS. I AM SO
OFFENDED.
ACTING SPEAKER HUNTER: THANK YOU, MR.
LAVINE.
MR. DURSO.
MR. DURSO: ON THE BILL, MADAM SPEAKER.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. DURSO: OKAY. SO UNFORTUNATELY AS WE ALL
KNOW THIS IS OBVIOUSLY A VERY POLITICAL AND POLITICALLY-DRIVEN PIECE OF
LEGISLATION. WE UNDERSTAND THAT AND -- AND MAYBE NOT EVERYBODY DOES
UNDERSTAND, BUT NASSAU COUNTY MEDICAL CENTER IS A VERY IMPORTANT
AND VITAL PIECE OF NASSAU COUNTY, WHICH AS MR. LAVINE SAID SERVES
262
NYS ASSEMBLY MAY 7, 2025
OVER 300,000 PEOPLE AND WE THANK THEM FOR BEING THERE, BUT IT ALSO
EMPLOYS 3,600 PEOPLE, AND NOBODY YET HERE HAS GUARANTEED THE FACT
THAT THOSE 3,600 PEOPLE WILL STAY EMPLOYED, THAT THEY'LL BE ABLE TO
SERVICE 300,000 PEOPLE THAT LIVE WITHIN THE COUNTY THAT I LOVE AND LIVE
IN. IT'S, AGAIN, THIS IS PUTTING POLITICS BEFORE PEOPLE, WHICH IS
UNFORTUNATE. AND AS WE HAD SAID BEFORE, THERE WAS PLANS IN PLACE FOR
THE PAST NUMBER OF YEARS PRIOR TO THE ADMINISTRATION THAT'S IN NOW TO
SHUT DOWN THIS HOSPITAL AND CHANGE IT. AND AGAIN, NO ONE CAN
GUARANTEE THAT THAT'S NOT GOING TO HAPPEN, WHICH AGAIN IS UNFORTUNATE.
THIS IS STRICTLY ABOUT POLITICS -- EXCUSE ME, MADAM SPEAKER, STRICTLY
ABOUT PUTTING PEOPLE LAST AND NOT GUARANTEEING THE FACT THAT, AGAIN, AND
I WILL SAY IT AGAIN BECAUSE IT'S WHAT I'M ALL ABOUT, THAT THE 300,000
RESIDENTS THAT GET SERVICED BY THIS HOSPITAL WILL CONTINUE TO BE SERVICED
AND THE 3,600 UNION MEMBERS THAT WORK IN THIS HOSPITAL ARE NOT
GUARANTEED THEIR JOB. AND I KNOW FOR MYSELF NOR MY COLLEAGUES WILL
STAND FOR THAT.
THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MR. SLATER.
MR. SLATER: THANK YOU, MADAM SPEAKER. WILL
CHAIRMAN PRETLOW YIELD FOR JUST A FEW QUESTIONS?
ACTING SPEAKER HUNTER: WILL THE CHAIR
YIELD?
MR. PRETLOW: I WILL YIELD FOR THREE QUESTIONS, YES.
ACTING SPEAKER HUNTER: THE CHAIR YIELDS.
263
NYS ASSEMBLY MAY 7, 2025
MR. SLATER: JUST THREE. I FIGURED WE'LL LET THE TWO
SIDES HERE GO BACK TO THEIR CORNERS FOR A LITTLE BIT AND REST FOR ANOTHER
ROUND.
SIR, I'D LIKE TO JUST TALK ABOUT THE MEDICAL INDEMNITY
FUND, SOMETHING THAT I'VE BECOME A BIT FAMILIAR WITH. THIS BUDGET BILL
SPEAKS TO THE MEDICAL INDEMNITY FUND; IS THAT CORRECT?
MR. PRETLOW: YES.
MR. SLATER: CAN YOU PLEASE TELL US WHAT THE
PROVISIONS OF THE BUDGET DO FOR THE MEDICAL INDEMNITY FUND, THE MIF?
MR. PRETLOW: IT EXTENDS THE ENHANCED -- THE
ENHANCED RATES AND THERE'S ALSO A CASH INJECTION.
MR. SLATER: AND THERE'S A CASH INJECTION YOU
SAID?
MR. PRETLOW: WE JUST WANT TO MAKE SURE THAT THE
FUNDS STAYS FLUID.
MR. SLATER: CORRECT, BECAUSE LAST YEAR IT WAS SHUT
DOWN FOR NEW ENROLLEES; IS THAT ACCURATE?
MR. PRETLOW: I BELIEVE SO.
MR. SLATER: OKAY. AND WE -- AND THE GOVERNOR
REALLOCATED APPROXIMATELY ANOTHER $56 MILLION TO REOPEN IT?
MR. PRETLOW: YES.
MR. SLATER: SO THE PROVISIONS THAT WE'RE LOOKING
AT IN THIS BILL, HOW DOES IT PREVENT SOMETHING LIKE THAT FROM OCCURRING
AGAIN?
MR. PRETLOW: WE HAVE ENOUGH MONEY IN THE -- IN
264
NYS ASSEMBLY MAY 7, 2025
THE ACCOUNT. WE ALLOCATED ENOUGH THIS TIME.
MR. SLATER: HOW MUCH DID WE ALLOCATE?
MR. PRETLOW: ONE HUNDRED AND FIFTY-NINE
MILLION.
MR. SLATER: ONE HUNDRED AND FIFTY-NINE MILLION
SPECIFICALLY FOR MIF.
MR. PRETLOW: YES.
MR. SLATER: AND IS THERE ANYTHING FROM A
PROCEDURAL STANDPOINT OR ADMINISTRATIVE STANDPOINT THAT IS INCLUDED IN
THE PROVISIONS OF THIS BILL?
MR. PRETLOW: WE HAVEN'T MADE ANY POLICY
CHANGES. WE JUST PUT IN A LITTLE EXTRA MONEY.
MR. SLATER: BECAUSE I KNOW THAT DURING THE
BUDGET HEARING WHEN I ASKED THE COMMISSIONER SPECIFICALLY ABOUT
MIF, HE SAID THAT HE HAD SOME SUGGESTIONS THAT HE WOULD LIKE TO
EXPLORE. AND HE ALSO SAID THAT THIS COULD BE AN OPPORTUNITY TO EXPLORE
THOSE SUGGESTIONS. HAVE WE HEARD FROM THE COMMISSIONER ABOUT WHAT
CHANGES TO THE ADMINISTRATION OF THE MIF HE WOULD LIKE TO SEE?
MR. PRETLOW: WELL, THERE'S ALWAYS SOMEONE THAT
WOULD LIKE TO SEE CHANGE BUT NO, WE HAVE HAD CONVERSATIONS SO THERE'S
BEEN NOTHING HAS COME TO FRUITION. SO THOSE CONVERSATIONS WILL
CONTINUE.
MR. SLATER: OKAY. THAT'S GOOD TO HEAR BECAUSE
I'VE ASKED TO MEET WITH THE COMMISSIONER ABOUT THIS SINCE THAT
MEETING. HE HAS NOT RESPONDED. FAMILIES IN THE MIF HAVE ASKED TO
265
NYS ASSEMBLY MAY 7, 2025
MEET WITH HIM. YET HE HAS NOT RESPONDED TO THEM EITHER, AND SO IT'S
LEFT US IN THE DARK WHEN IT COMES TO WHAT SUGGESTIONS OR
RECOMMENDATIONS THAT HE HAS HAD. AND SO I KNOW THAT THERE ARE
SEVERAL PROPOSALS THAT ARE OUT THERE BUT NOTHING ADMINISTRATIVELY IS
INCLUDED, JUST TO RECAP, BUT $159 MILLION HAS BEEN ADDED.
MR. PRETLOW: YES.
MR. SLATER: OKAY. WELL, THANK YOU VERY MUCH
FOR ANSWERING MY QUESTIONS, MR. CHAIRMAN, ON THE MIF, I APPRECIATE
IT.
MR. PRETLOW: THANK YOU.
MR. SLATER: THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MR. MAHER.
MR. MAHER: THANK YOU, MADAM SPEAKER. WILL
THE CHAIR YIELD?
ACTING SPEAKER HUNTER: WILL THE CHAIR
YIELD?
MR. PRETLOW: YES.
ACTING SPEAKER HUNTER: THE CHAIR YIELDS.
MR. MAHER: THANK YOU SO MUCH.
SO THE FIRST QUESTION I HAVE IS ON EMS. I KNOW THAT
WE DISCUSSED THAT ESSENTIAL SERVICE WAS SOMETHING THAT WE COULDN'T
REALLY GET AN AGREEMENT ON. IS IT FAIR TO SAY THAT IT WAS IMPORTANT TO ALL
PARTIES THAT ESSENTIAL SERVICE IS SOMETHING THAT WE SHOULD GET TO, THAT
WE SHOULD BE ABLE TO SUPPORT OUR EMS A -- A LITTLE BIT MORE, JUST THERE
266
NYS ASSEMBLY MAY 7, 2025
WERE SOME DIFFERENCES --
MR. PRETLOW: ABSOLUTELY, BUT WE DIDN'T WANT TO
PUT A MANDATE ON THE LOCALITIES. EVERY COUNTY HANDLES IT A LITTLE BIT
DIFFERENTLY AND WE DIDN'T WANT TO HAVE ONE-SIZE-FITS-ALL WITH REGARD TO
EMS, SO THOSE -- THOSE CONVERSATIONS ARE CONTINUING, AND IF LEGISLATION
IS NECESSARY IT WOULD BE IN A FUTURE BILL SOMETIME THIS SESSION.
MR. MAHER: THE STATE OF NEW YORK DIDN'T WANT TO
PUT A MANDATE ON LOCALITIES?
MR. PRETLOW: YES.
MR. MAHER: I'M SORRY. JUST --
(LAUGHTER)
-- OKAY, FOR EMS, ALL RIGHT. THANK YOU. WELL, I'M
HAPPY THAT IT'S GOING TO BE DISCUSSED AND WE'RE GOING TO TAKE IT ON AFTER
THE BUDGET.
I WANT TO HIT ON THE 2.6 PERCENT HUMAN SERVICES
TARGETED INFLATIONARY INCREASE, WHICH IS NOT, AS WE'VE DISCUSSED
PREVIOUSLY, A TARGETED INFLATIONARY INCREASE, THE INCREASE WOULD BE
CLOSER TO THAT 7.8 PERCENT IF WE WERE BEING TRUE TO THOSE WORDS.
YOU HAD MENTIONED A NUMBER, 1 PERCENT WOULD BE
100 MILLION FOR EVERY 1 PERCENT, CORRECT?
MR. PRETLOW: RIGHT.
MR. MAHER: I FIND IT HARD TO BELIEVE THAT IN A
BUDGET OF 254 BILLION THAT THERE WERE THINGS THAT WE PRIORITIZED OVER
OUR OFFICE OF MENTAL HEALTH AND NON-PROFIT ORGANIZATIONS THAT ARE
MANY COUNTLESS WORKING IN A JOB SERVING OUR MOST IN NEED RESIDENTS IN
267
NYS ASSEMBLY MAY 7, 2025
THIS STATE, WHILE SOMETIMES BEING ON SOCIAL SERVICES THEMSELVES FOR
ORGANIZATIONS THAT NOW AFTER SEVERAL YEARS ARE RECEIVING WHAT AMOUNTS
TO A CUT DUE TO INFLATION AND WHAT THE STATE IS PROVIDING. I -- I THINK A
LOT OF FOLKS WOULD AGREE WITH ME THAT WE PROBABLY COULD'VE PRIORITIZED
DIFFERENT AREAS IN THE BUDGET AND I WOULD ASK, SIR, IF YOU AGREE WITH
THAT STATEMENT.
MR. PRETLOW: I'M SORRY. DID YOU ASK A QUESTION?
MR. MAHER: I'M ASKING, SIR, RESPECTFULLY IF YOU
WOULD AGREE THAT THERE ARE PROBABLY SOME OTHER AREAS IN THIS BUDGET
THAT WE COULD HAVE PRIORITIZED SOME OF OUR HUMAN SERVICES, DIRECT
SERVICE PROFESSIONALS THAT ARE DOING GOD'S WORK ON THE GROUND. IT -- IT
DOESN'T FEEL LIKE THIS BUDGET SUPPORTS THEM ENOUGH. IN FACT, AS MUCH AS
WE -- WE KNOW THE PREVIOUS GOVERNOR SET US BACK BY NOT HAVING THE
INCREASES OVER YEAR BY YEAR BY YEAR, WE NEED THAT LARGE NUMBER, THAT
7.8 PERCENT OR SOMETHING CLOSE TO IT, NOT JUST TO KEEP UP BUT TO KEEP UP
AND CATCH UP, AND -- AND MY QUESTION TO YOU IS, DO YOU BELIEVE THERE
ARE OTHER AREAS WE COULD HAVE COME THROUGH IN THE BUDGET TO MAKE UP
THOSE COUPLE 100 MILLION THAT --
MR. PRETLOW: SHOULD WE HAVE REDUCED
SOMETHING ELSE TO INCREASE THIS? THAT IS A POSSIBILITY.
IN OUR ASSEMBLY ONE-HOUSE WE DID INCLUDE A LARGER
INCREASE. AND DURING THE NEGOTIATIONS, IT DIDN'T COME TO WHAT WE HAD
ACTUALLY WANTED. SO WE HAVE TO, AS YOU KNOW HOW THE LAW IS WRITTEN,
WE NOW HAVE A LOT OF AUTHORITY OVER WHAT'S IN THE BUDGET AND WE HAVE
TO GET WHAT WE CAN DURING THE NEGOTIATIONS.
268
NYS ASSEMBLY MAY 7, 2025
MR. MAHER: WELL, THANK YOU FOR THAT RESPONSE. I
DO APPRECIATE THE CANDOR. THAT 2.1 TO 2.6 JUST SEEMS LIKE A REALLY SLAP
IN THE FACE OF SOME OF THOSE EMPLOYEES. WHILE I KNOW WE'RE TRYING AS
HARD AS WE ARE AND I UNDERSTAND OUR ONE-HOUSE WAS WHERE IT WAS,
CERTAINLY DISAPPOINTED IN THAT FINAL NUMBER.
I WANT TO ASK ABOUT SECTION JJJ, PREGNANCY LOSS. I
KNOW WE'RE REDEFINING THAT SECTION, REGISTRATION OF FETAL DEATHS TO
REPORTING OF PREGNANCY LOSS. WHY ARE WE DOING THAT?
MR. PRETLOW: CAN I REFER THAT QUESTION TO
ASSEMBLYWOMAN PAULIN?
MR. MAHER: SURE.
MS. PAULIN: WE'RE JUST UPDATING OLD TERMINOLOGY.
MR. MAHER: OKAY. THAT'S IT? JUST UPDATING OLD
TERMINOLOGY?
MS. PAULIN: YEP.
MR. MAHER: ALL RIGHT. THANK YOU FOR THAT ANSWER.
I APPRECIATE IT.
ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. MAHER: ALL RIGHT. SO I APPRECIATE THE ANSWERS
TO MY QUESTIONS. I THINK WHEN IT COMES TO THIS BUDGET BILL THERE'S A LOT
WE COULD GET INTO. OBVIOUSLY WE DIDN'T HAVE A WHOLE LOT OF TIME TO GO
OVER IT. THANK YOU TO THE STAFF FOR THE WORK THEY'VE DONE TO HELP US GET
TO WHERE WE ARE.
THE 2.6 PERCENT IS CRIMINAL, IT REALLY IS. AND I KNOW
269
NYS ASSEMBLY MAY 7, 2025
THIS BODY AND OUR ONE-HOUSE AND I WAS PROUD TO SEE THAT WAS AT THE
7.8 PERCENT, AND I'M NOT PART OF NEGOTIATIONS SO I CAN'T IMAGINE WHAT
HAPPENED AND I KNOW A LOT OF US ARE FRUSTRATED BY THIS NUMBER ON BOTH
SIDES OF THE AISLE, BUT I HAVE TO STAND UP HERE AND JUST SAY THERE ARE
SOME PEOPLE THAT ARE ON THE GROUND SERVING OUR RESIDENTS WHO ARE
GOING THROUGH CRISIS AND THEY'RE IN NEED OF MENTAL HEALTH SERVICES THERE
THEMSELVES JUST BY DOING THE JOBS THAT THEY'RE DOING.
IN SOME OF OUR AGENCIES, RETENTION IS A 50 PERCENT LOSS
ANNUALLY, AND WHAT WE'RE DOING BY PUTTING THAT FINAL NUMBER AT 2.6
PERCENT IS WE'RE SETTING THEM BACK EVEN FURTHER. THIS ISN'T JUST FOR
SALARY INCREASES. THIS IS ALSO FOR EXPENSES FOR THESE NON-PROFITS. AND
LET US NOT FORGET THAT NEW YORK STATE IS MANDATING ON LOCALITIES THESE
SERVICES TO BE PROVIDED. THEY'RE SAVING MONEY. WHAT WOULD HAPPEN
-- WHAT WILL HAPPEN IF SOME OF THESE ORGANIZATIONS FALL? HOW MANY
HAVE ALREADY? WHAT WILL THE STATE'S RESPONSIBILITY BE THEN AND WHAT
WILL THE COST BE AT THAT POINT? THESE ARE THINGS WE OUGHT TO CONSIDER
WHEN THINKING ABOUT BUDGETS. AND AGAIN, I KNOW OUR ONE-HOUSE HAD
IT WHERE IT NEEDED TO BE, BUT THIS FINAL NUMBER AT 2.6 PERCENT IS
UNACCEPTABLE, DISAPPOINTING AND I WANTED TO MAKE SURE THAT THOSE THAT
ARE ON THE GROUND ARE HEARING THAT THERE ARE PEOPLE THAT ARE VERY UPSET
ABOUT IT AND WE CERTAINLY WISH WE COULD DO BETTER.
THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MR. MIKULIN.
MR. MIKULIN: WILL THE SPONSOR YIELD FOR A FEW
270
NYS ASSEMBLY MAY 7, 2025
QUESTIONS?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MR. PRETLOW: YES, I WILL.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MR. MIKULIN: I'M ACTUALLY GOING TO GO BACK INTO
WHAT WE'VE BEEN TALKING ABOUT WITH NASSAU UNIVERSITY MEDICAL
CENTER. AND RIGHT NOW I WANT TO FOCUS ON THE BONDS AND I THINK THAT
THERE WAS A LITTLE BIT OF -- WHEN WE WERE TALKING ABOUT --
MR. PRETLOW: I CANNOT HEAR YOU.
MR. MIKULIN: WHEN THIS WAS BEING DISCUSSED
BEFORE, I THINK THAT THERE WAS A LITTLE BIT OF A MISUNDERSTANDING HERE.
SO I WANT TO START OUT WITH A LITTLE BIT OF A BACKGROUND, WHICH IS WHEN
NUMC WAS CREATED, THE COUNTY GUARANTEEING BONDS BECAUSE THEY WERE
A CORPORATION, THEY DIDN'T HAVE ANY FUNDING, THEY GUARANTEED BONDS ON
BEHALF OF THE HOSPITAL IN ORDER FOR THE HOSPITAL TO RUN. TO THIS DAY THERE
ARE STILL BONDS BEING PAID OFF BY NASSAU COUNTY, INTEREST AND OTHERWISE
THAT SUPPORT NUMC FROM THE ORIGINAL BONDING.
SO MY QUESTION IS, HAVE WE RECEIVED AN OPINION FROM
BOND COUNSEL THAT THE BOND CONVENANCE WOULD NOT BE VIOLATING --
WOULD NOT BE VIOLATED BY ENACTING THIS LANGUAGE?
MR. PRETLOW: THERE'S NO REASON FOR THAT.
MR. MIKULIN: WELL, THEN HOW DON'T WE KNOW IF
THIS IS GOING TO TRIGGER A DEFAULT ON THE BONDS FROM THE COUNTY?
MR. PRETLOW: I'M PRETTY SURE BOND COUNSEL HAS
271
NYS ASSEMBLY MAY 7, 2025
LOOKED AT THE PROPOSAL AND APPROVED OF IT.
MR. MIKULIN: ARE YOU SURE? DO WE KNOW --
MR. PRETLOW: AND IF WE DON'T FIX THE FINANCES OF
--
MR. MIKULIN: DO WE KNOW --
MR. PRETLOW: -- THE MEDICAL CENTER, IT'S GOING --
MR. MIKULIN: DO WE KNOW IF THE BOND --
MR. PRETLOW: -- TO CLOSE DOWN ANYWAY. I THINK
WE HEARD THE STENOGRAPHER BECAUSE WE'RE SPEAKING OVER EACH OTHER.
MR. MIKULIN: DO WE KNOW IF THE BOND COUNSEL
HAS, THOUGH?
MR. PRETLOW: I'M ASSUMING THEY DID.
MR. MIKULIN: SO THAT'S AN ASSUMPTION. SO WHY
WOULD THE COUNTY TAKE OUT BONDS IF THEY DIDN'T -- IF THEY WEREN'T
CONTRACTUALLY GUARANTEEING WITH RESPECT TO THE BOARD IF THEY DIDN'T HAVE
THIS CONTROL ON OVER THE BOARD, WHY --
MR. PRETLOW: YOU'RE ASKING WHY DID THE
COUNTY --
MR. MIKULIN: WHY WOULD THE COUNTY TAKE THE
BONDS OUT THEN IF THEY WOULDN'T HAVE CONTROL ON -- ON -- ON OVER THE
BOARD?
MR. PRETLOW: WELL, I THINK AT THE TIME THE BONDS
WERE TAKEN OUT THEY HAD CONTROL OVER IT, BUT THEY WOULD CONTINUE TO
HAVE CONTROL OVER IT, BUT BECAUSE OF, YOU KNOW, MISMANAGEMENT WITH
THE -- WITH THE BOARD, THE STATE HAS MADE A MOVE TO TAKE A
272
NYS ASSEMBLY MAY 7, 2025
CONSERVATORSHIP OVER IT.
MR. MIKULIN: SO THIS IS A STATE CONTROL THEN,
BECAUSE BEFOREHAND YOU SAID THIS WASN'T A STATE CONTROL BUT NOW YOU
JUST SAID IT WAS, SO WILL YOU CLARIFY --
MR. PRETLOW: I'M SAYING A CONSERVATOR. I'M NOT
SAYING CONTROL. CONSERVATORY.
MR. MIKULIN: CONSERVATORY, SO THIS IS A STATE
CONTROL.
MR. PRETLOW: NO.
MR. MIKULIN: WELL, WE JUST KIND OF WENT BACK AND
FORTH BUT...
MR. PRETLOW: WE JUST MAKE SURE WE DO THE RIGHT
THING.
MR. MIKULIN: -- BUT DO I BELIEVE. WELL, SO LET'S GO
BACK, THOUGH, TO THE BONDS. SO UNDER STATE LAW WHEN THE BONDHOLDER,
SO WHEN A PERSON WENT OUT AND THEY PURCHASED A BOND FOR THE COUNTY,
THE BOND SAYS THAT THE STATE WILL NOT ALTER, LIMIT OR IMPAIR THE RIGHTS
VESTED TO NASSAU UNIVERSITY MEDICAL CENTER TO OPERATE THE HOSPITAL
WHICH WAS FINANCED BY THE BOND. BUT AREN'T WE CHANGING HOW THE
HOSPITAL OPERATES?
MR. PRETLOW: NO, WE'RE NOT.
MR. MIKULIN: WELL, HOW AREN'T WE?
MR. PRETLOW: WE'RE CHANGING THE BOARD. WE'RE
NOT CHANGING THE --
MR. MIKULIN: NO, WE ARE CHANGING --
273
NYS ASSEMBLY MAY 7, 2025
MR. PRETLOW: -- (INDISCERNIBLE/CROSSTALK) OF THE
HOSPITAL.
MR. MIKULIN: BUT WE ARE CHANGING WHO APPOINTS
THE BOARD.
MR. PRETLOW: YES.
MR. MIKULIN: SO WE ARE CHANGING HOW -- HOW THE
BOARD OPERATES.
MR. PRETLOW: NO. THE BOARD STILL OPERATES AS THE
BOARD WITH AUTONOMY.
MR. MIKULIN: OH, WE'RE CHANGING --
MR. PRETLOW: WE'RE JUST TALKING ABOUT HOW THE
NEW BOARD MEMBERS ARE PUT IN PLACE. AND WHY THEY WERE PUT IN PLACE,
AND THE REASON THEY WERE PUT IN PLACE IS BECAUSE THE BOARD THAT'S BEEN
REPLACED WAS TOTALLY MISMANAGING THE HOSPITAL.
MR. MIKULIN: (INDISCERNIBLE) MISMANAGE THE
HOSPITAL.
MR. PRETLOW: NO, I'D LIKE TO -- I COULD ANSWER
THAT QUESTION WITH A QUICK POLL OF THE INDIVIDUALS IN THIS -- IN THIS
CHAMBER. AND YOU DON'T HAVE TO DO WHAT I ASK YOU TO DO, BUT
EVERYONE IN THIS ROOM THAT HAS HEALTH INSURANCE --
ACTING SPEAKER HUNTER: MR. LAVINE, WHY DO
YOU RISE?
MR. PRETLOW: -- RAISE YOUR HAND.
MR. LAVINE: WILL THE SPEAKER YIELD?
MR. PRETLOW: LET ME FINISH MY --
274
NYS ASSEMBLY MAY 7, 2025
ACTING SPEAKER HUNTER: MR. MIKULIN, DO
YOU YIELD?
MR. MIKULIN: I YIELD.
MR. LAVINE: I COULDN'T HEAR.
ACTING SPEAKER HUNTER: MR. MIKULIN YIELDS.
MR. LAVINE: SO, MR. MIKULIN, A LONG TIME AGO I
WAS COUNSEL FOR AN INDUSTRIAL DEVELOPMENT AGENCY AND HAD TO REVIEW
ALL THE BONDING DOCUMENTS, AND THAT WENT ON FOR A COUPLE OF YEARS AND
IT WAS AN INTERESTING EXPERIENCE, BUT I THINK -- OR I THINK YOUR
CHARACTERIZATION THAT THERE WILL BE A PROBLEM WITH THE BONDS CAUSE THE
BOARD IS CONSTITUTED DIFFERENTLY. THE BOARD WILL STILL FUNCTION AS A
BOARD, BUT IT'S GOING TO BE CONSTITUTED DIFFERENTLY AS IT HAS BEEN OVER
THE COURSE OF MANY YEARS WHEN THERE HAVE NOT BEEN FULL MEMBERSHIP
ON THAT BOARD. DO YOU --
MR. MIKULIN: WELL, FIRST OF ALL --
MR. LAVINE: DO YOU ACCEPT THAT?
MR. MIKULIN: I THINK YOU'RE DEFLECTING FROM THE
QUESTION.
MR. LAVINE: I'M SORRY. I CAN'T HEAR YOU.
MR. MIKULIN: I THINK YOU'RE --
MR. LAVINE: I DON'T THINK WE CAN HEAR YOU.
MR. MIKULIN: I THINK YOU'RE DEFLECTING FROM THE
ORIGINAL QUESTION WHICH WAS HAVE WE CONSULTED BOND COUNSEL TO VERIFY
YOUR POINT, AND THE ANSWER THAT I RECEIVED WAS WE ASSUME SO. SO THE
ANSWER IS WE DON'T REALLY KNOW THE ANSWER TO MY QUESTION.
275
NYS ASSEMBLY MAY 7, 2025
MR. LAVINE: BUT I THINK WE DO KNOW THAT IF THE
HOSPITAL CONTINUES ON THE TRAJECTORY THAT IT HAS BEEN ON INVOLVING
LOSING TONS OF MONEY AND OWING, OWING HALF A BILLION DOLLARS AS OF
DECEMBER '24 WITH 400 MILLION OWED TO NYSHA. I MEAN I THINK WE
CAN ASSUME, AND I HOPE YOU WOULD AGREE WITH ME, THAT ANY BONDING IN
THE FUTURE IS GOING TO BE PUT IN DANGER.
MR. MIKULIN: WELL, WITH ALL DUE RESPECT WHAT ARE
WE DOING RIGHT NOW WITH REFLECTS TO NASSAU COUNTY AND THEIR BONDS, SO
THEY SHOULD BE CONTINUING TO PAY OUT THE BOND? WHY ISN'T THE STATE
THEN TAKING ON OVER THE BONDING AND PAYING BACK NASSAU COUNTY
WITHIN THIS BUDGET?
MR. LAVINE: NASSAU COUNTY IS OBLIGATED TO
CONTINUE HONORING THOSE BONDS. AND ANY BOND COUNSEL --
MR. MIKULIN: HOW WOULD YOU CONTROL --
MR. LAVINE: -- WHO WOULD TELL YOU DIFFERENTLY --
MR. MIKULIN: HOW WOULD YOU --
MR. LAVINE: I'M SORRY. I'M SORRY. THIS IS LIKE
WE'RE MARRIED. I DON'T GET TO FINISH A SENTENCE.
ACTING SPEAKER HUNTER: BUT WE GET TO ASK
AND ANSWER. THE STENOGRAPHER HAS TO KEEP UP WITH YOU SO I NEED YOU
TO ASK, STOP, ANSWER.
THANK YOU.
MR. LAVINE: I'VE STOPPED.
ACTING SPEAKER HUNTER: THANK YOU.
MR. MIKULIN: BUT THAT IS WITHOUT THE COUNTY
276
NYS ASSEMBLY MAY 7, 2025
HAVING CONTROL AND, YOU KNOW, WITH YOUR OTHER THING, I'VE BEEN TALKING
ON -- ON THIS FLOOR ON YEARS -- FOR YEARS REGARDING HOW THE STATE HAS
DEFUNDED THE HOSPITAL AND JUST NOW THERE IS ACTUALLY A LAWSUIT BECAUSE
FEDERAL MONEY HASN'T BEEN GIVEN -- UP TO THE TUNE OF $1 BILLION. SO WE
COULD ALSO SAY THAT THE STATE HAS ALSO HELPED CAUSE THIS ISSUE WITH
NASSAU UNIVERSITY MEDICAL CENTER AND NOW YOU WANT TO TAKE IT ON
OVER CLAIMING MISMANAGEMENT WHICH THE STATE HAS A PARTIAL
RESPONSIBILITY FOR THIS AS WELL.
MR. LAVINE: SO TO THE EXTENT I COULD HEAR WHAT
YOU SAID, I STILL WILL MAINTAIN, AS WOULD ANY RESPONSIBLE BOND COUNSEL,
THAT WITHOUT A DRAMATIC CHANGE IN THE MANAGEMENT OF THAT HOSPITAL,
ANY BONDS ISSUED IN THE -- IN THE FUTURE ARE GOING TO BE SOLD AT A VERY
UNATTRACTIVE RATE OF INTEREST.
MR. MIKULIN: WE'RE NOT HERE TO DEBATE RIGHT NOW
THE CURRENT MANAGEMENT OF THE HOSPITAL. I MEAN I WOULD DISAGREE WITH
YOU ON SOME POINT BECAUSE I DO BELIEVE THAT IN THE PAST FEW YEARS THE
FINANCES HAVE GOTTEN BETTER AT THAT HOSPITAL WITHOUT CURRENT STATE AID,
SO I THINK YOUR CHARACTERIZATION IS A LITTLE BIT MISLEADING, BUT THAT BEING
SAID, I DO NOT CONTINUE TO YIELD, SO THANK YOU SO VERY MUCH.
MR. LAVINE: SO, MR. MIKULIN AND MY COLLEAGUE, I
UNDERSTAND WHY THERE IS NO DESIRE TO DEBATE WHAT HAS HAPPENED IN THE
PAST AT THAT HOSPITAL, BUT I WILL --
ACTING SPEAKER HUNTER: MR. MIKULIN, DO
YOU STOP YIELDING?
MR. MIKULIN: YES.
277
NYS ASSEMBLY MAY 7, 2025
ACTING SPEAKER HUNTER: OKAY.
THANK YOU, MR. LAVINE.
MR. RA, WHY DO YOU RISE?
MR. RA: I OBJECT TO -- AS A POINT OF ORDER I OBJECT TO
THE CHARACTERIZATION BY MR. LAVINE THAT WE'RE NOT INTERESTED IN
DEBATING. WE'VE HAD THREE MEMBERS YIELD TO YOUR QUESTIONS DURING THE
COURSE OF THIS DEBATE. SO I THINK CLEARLY WE'RE WILLING TO DEBATE. IT'S
THIS SIDE OF THE AISLE AND THE GOVERNOR WHO IS NOT WILLING TO DEBATE,
WON'T ENGAGE WITH THE HOSPITAL IN ANY CONVERSATIONS. IT'S FALSE TO SAY
THAT THEY HAVE MET WITH THEM. THEY HAVE REFUSED TO, AND THIS WAS
HATCHED OUT BEHIND CLOSED DOORS, SO WHO'S NOT WILLING TO DEBATE THE
FUTURE OF THE HOSPITAL? I -- I WITHDRAW MY REQUEST, MADAM SPEAKER.
MR. MIKULIN: WILL -- WILL THE SPONSOR YIELD FOR
JUST A FEW MORE QUESTIONS?
ACTING SPEAKER HUNTER: THANK YOU.
MR. MIKULIN.
MR. MIKULIN: ALL RIGHT. SO I'M GOING TO MOVE ON
FROM THE BONDING ASPECT AND I WANT TO ASK SO, REGARDING THIS SECTION,
SO NIFA MAY IMPOSE A CONTROL PERIOD OVER THE CORPORATION; IS THAT
CORRECT?
MR. PRETLOW: I BELIEVE SO, YES.
MR. MIKULIN: WHAT WOULD THAT CONTROL TIME
PERIOD LOOK LIKE?
MR. PRETLOW: IT'LL BE DETERMINED BUT AT A LATER
DATE.
278
NYS ASSEMBLY MAY 7, 2025
MR. MIKULIN: WHO CONTROLS NIFA, TO YOUR
KNOWLEDGE?
MR. PRETLOW: THE GOVERNOR.
MR. MIKULIN: THE GOVERNOR. SO SHE
APPOINTMENTS MEMBERS, RIGHT?
MR. PRETLOW: YES.
MR. MIKULIN: SEVEN MEMBERS. WHY ARE THOSE
MEMBERS QUALIFIED TO OVERSEE THE HOSPITAL, HOW?
MR. PRETLOW: PROBABLY BY THEIR EDUCATION, THEIR
BACKGROUND AND THEIR EXPERIENCES IN LIFE.
MR. MIKULIN: AND HOW IS IT THAT ANY OF THEM HAVE
ANY QUALIFICATIONS IN RUNNING A HOSPITAL IN HEALTH CARE? SO IT'S JUST...
MR. PRETLOW: WELL, NIFA CAN ALREADY OVERSEE
THE HOSPITAL. THAT'S NOT -- THAT'S NOT THE ISSUE.
MR. MIKULIN: WELL, NIFA --
MR. PRETLOW: YOU'RE ASKING FOR THE QUALIFICATIONS
--
MR. MIKULIN: YEAH, I GUESS --
MR. PRETLOW: -- OF BOARD MEMBERS. AND WHAT
I'VE HAVE BEEN HEARING, I'M NOT FAMILIAR WITH THE -- WITH THE HEALTH
CENTER IN NASSAU, BUT WHAT I'VE HEARD WITH THE DEBATE SO FAR IS THAT THE
BOARD MEMBERS AND THE PERSON THAT WAS LEADING THE HOSPITAL WERE
TOTALLY UN -- UNQUALIFIED TO DO THE JOBS THAT THEY WERE ASSIGNED TO DO.
SO WHAT'S HAPPENING NOW IS UNDER THIS PROPOSAL --
MR. MIKULIN: WELL, I WOULD SAY --
279
NYS ASSEMBLY MAY 7, 2025
MR. PRETLOW: -- THE GOVERNOR IS --
MR. MIKULIN: -- THAT'S A MISCHARACTERIZATION SO...
MR. PRETLOW: WHAT IS?
MR. MIKULIN: A LOT OF THAT IS A
MISCHARACTERIZATION, BUT --
MR. PRETLOW: I DON'T -- I DON'T BELIEVE SO. NO. I
STARTED ASKING A QUESTION BEFORE MR. LAVINE GOT UP AND I'M JUST ASKING
BY A SHOW OF HANDS HOW MANY INDIVIDUALS IN THIS ROOM HAVE HEALTH
INSURANCE THROUGH NIFA, JUST RAISE YOUR HAND. YOU DON'T HAVE TO IF
YOU DON'T WANT TO. BUT IF YOU DO YOU ARE PAYING 4 PERCENT MORE ON
YOUR HEALTH INSURANCE EVERY PAY PERIOD BECAUSE NASSAU COUNTY IS NOT
PAYING $400 MILLION THAT THEY OWE --
MR. MIKULIN: THAT'S NOT TRUE.
MR. PRETLOW: IT IS TRUE.
MR. MIKULIN: THERE IS A CONTRACTUAL OBLIGATION
WITH NYSHA AND THE HOSPITAL HAS BEEN PAYING THAT --
MR. PRETLOW: NO, THEY HAVEN'T.
MR. MIKULIN: -- PER MONTH.
MR. PRETLOW: THEY'RE SELLING YOU A BILL OF GOODS,
SIR. THEY'RE NOT DOING A THING.
MR. MIKULIN: WITH -- WITH -- WITH ALL DUE RESPECT I
DISAGREE WITH THAT STATEMENT.
MR. PRETLOW: THIS IS A DRASTIC STEP THAT WE'RE
TAKING, BUT THEY'RE LOSING LIKE $100 MILLION A MONTH.
MR. MIKULIN: BUT HASN'T IT ALSO BEEN ADDRESSED
280
NYS ASSEMBLY MAY 7, 2025
EXCEPT THAT WE HAVE BEEN DEFUNDING THE HOSPITAL FOR THE LAST FEW YEARS
WITHOUT PROVIDING THEM WITH ANY STATE AID?
MR. PRETLOW: WE HAVEN'T BEEN COMPLYING WITH
WHAT THEY SHOULD HAVE BEEN COMPLYING TO TO RECEIVE THOSE FUNDS.
MR. MIKULIN: WELL, THERE IS A $40 MILLION DISH
PAYMENT RIGHT NOW THAT HASN'T BEEN PAID OUT TO THE HOSPITAL THAT WAS
GIVEN BY THE FEDERAL GOVERNMENT BUT HAS BEEN GIVEN FOR EVERY SINGLE
OTHER HOSPITAL. WHY IS THAT? WHY HAVEN'T THEY RECEIVED THE $40
MILLION IN -- IN FEDERAL AID THEN?
MR. PRETLOW: OKAY. THE -- THE -- THE COUNTY
PUTS UP THE SHARE, NOT THE -- NOT THE STATE.
MR. MIKULIN: SO HOW WOULD THE COUNTY PUT UP --
SO THE COUNTY'S RECEIVING THE MONEY FROM THE FEDERAL GOVERNMENT TO
GIVE TO THE HOSPITAL THEN?
MR. PRETLOW: YES.
MR. MIKULIN: THAT'S -- THAT'S NOT THE WAY I --
MR. PRETLOW: IT'S CALLED AN INTERGOVERNMENTAL
TRANSFER. IGT, NOT THE SLOT MACHINES.
MR. MIKULIN: I BELIEVE THAT THE COUNTY HAS MAXED
OUT ON THEIR PAYMENTS TO THE HOSPITAL. WHAT IS THEY'RE REQUIRED TO DO,
BUT ANYWAY...
ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. MIKULIN: IT SEEMS TO ME THAT ONCE AGAIN THIS
BODY IS PLAYING POLITICS WITH THE HOSPITAL. FOR YEARS I HAVE BEEN
281
NYS ASSEMBLY MAY 7, 2025
STANDING HERE DEBATING AND ASKING FOR FUNDING FOR THIS STATE HOSPITAL.
THERE IS NO PUBLIC HEALTH BENEFITS CORPORATION THAT WOULD BE ABLE TO --
TO OPERATE IN THE GREEN. THERE ARE INDIVIDUALS THAT COME TO THIS
HOSPITAL EVERY SINGLE DAY WITHOUT INSURANCE AND THE HOSPITAL HAS TO
TREAT THEM. THEREFORE, WITHOUT FUNDING FROM THE STATE GOVERNMENT,
THIS HOSPITAL CANNOT OPERATE. WHAT THE STATE HAS DONE HERE IS THEY
HAVE CAUSED AN ISSUE AND NOW ARE COMING IN FOR A TAKEOVER ON ONE OF
THE ISSUES THAT THEY HAVE HELPED CREATE. I KNOW FOR A FACT THE GOVERNOR
HAS BEEN INVITED TO NUMC AND THE GOVERNOR HAS NEVER STEPPED FOOT IN
THAT HOSPITAL, EVEN THOUGH ON THE DATE WHERE SHE WAS INVITED SHE WAS
SIMPLY RIGHT DOWN THE ROAD. WHAT HAS GONE ON HERE TODAY IS NOTHING
BUT POLITICS. POLITICS-DRIVEN, IT HAS NOTHING TO DO WITH SUPPORT. THAT
HOSPITAL PROVIDES A GREAT BURN UNIT. IT PROVIDES A NUMBER ONE TRAUMA
CENTER. IT PROVIDES THE COMMUNITY WITH GREAT SERVICES AND PROVIDES
THE PEOPLE OF THE COMMUNITY WITH JOBS, BUSINESSES AND LIFESAVING
TREATMENT.
WHAT'S HAPPENING HERE RIGHT NOW IS A DISTRACTION, AND
IT IS ONE FUELED BY SIMPLY POLITICS NOT HELPING. THE COUNTY IS THE PARTY
THAT SHOULD BE PICKING THE MEMBERS OF THE BOARD BECAUSE THEY ARE THE
ONES THAT PUT UP THE FINANCES AND THAT IS THE GOVERNMENT THAT IS CLOSELY
RELATED TO THE -- THE -- THE PEOPLE. THERE SHOULD BE LOCAL CONTROL, NOT
COMING IN BY THE STATE. THANK YOU VERY MUCH.
ACTING SPEAKER HUNTER: THANK YOU.
MR. MANKTELOW.
MR. MANKTELOW: THANK YOU, MADAM SPEAKER.
282
NYS ASSEMBLY MAY 7, 2025
WOULD THE CHAIR JUST YIELD FOR A QUESTION?
ACTING SPEAKER HUNTER: WILL THE CHAIR
YIELD?
MR. PRETLOW: FOR A QUESTION I HEARD.
ACTING SPEAKER HUNTER: THE CHAIR YIELDS.
MR. MANKTELOW: I'LL DO MY BEST, SIR.
CAN YOU ANSWER FOR ME, MR. PRETLOW, WHY PART JJ WAS
PUT INTO THE BUDGET?
MR. PRETLOW: REPORTING ON PREGNANCY LOSS, I
WANT TO YIELD TO MS. PAULIN.
MS. PAULIN: WE PUT LOTS OF POLICY IN THE BUDGET
AND THIS RELATES TO AN UPDATE IN TERMS OF TECHNOLOGY AND THAT WAS COST
AND SO IT WAS TIED TOGETHER.
MR. MANKTELOW: WHO REQUESTED THIS TO GO -- BE
PUT IN THE BUDGET?
MS. PAULIN: I BELIEVE ORIGINALLY THE SENATE HAD IT
IN THEIR ONE-HOUSE.
MR. MANKTELOW: AND HOW ABOUT FROM THE
ASSEMBLY SIDE?
MS. PAULIN: WE DID NOT HAVE IT IN OUR ONE-HOUSE.
MR. MANKTELOW: OKAY. AND THEN, CAN I ASK
YOU MORE THAN ONE QUESTION?
MS. PAULIN: SURE.
MR. MANKTELOW: ALL RIGHT, THANKS. THANK YOU.
I WAS JUST WONDERING AS I READ THROUGH THE BILL TEXT A
283
NYS ASSEMBLY MAY 7, 2025
LITTLE BIT WE WERE TALKING ABOUT MISCARRIAGE AND STILLBIRTH. THEY SHALL
BE REGISTERED WITHIN 72 HOURS OF THAT HAPPENING TO THE STATE DOH,
CORRECT?
MS. PAULIN: YES.
MR. MANKTELOW: AND INDUCED TERMINATION OF
PREGNANCY, THE MOTHER HAS THE OPPORTUNITY TO NOT DO THAT; IS THAT
CORRECT?
MS. PAULIN: THAT'S CORRECT.
MR. MANKTELOW: WELL, WHY IS THAT?
MS. PAULIN: BECAUSE IT'S INFORMATION THAT ISN'T
NEEDED FOR ANY PURPOSE.
MR. MANKTELOW: SO WHAT WOULD BE THE PURPOSE
OF A STILLBIRTH OR A MISCARRIAGE INFORMATION THEN?
MS. PAULIN: SO THAT'S DATA THAT'S USED FOR THE
PURPOSES OF VITAL RECORDS FOR LIKE OTHER REPORTED TYPES OF MEDICAL
PROCEDURES.
MR. MANKTELOW: SO YOU DON'T FEEL THAT INDUCED
TERMINATION IS A VITAL RECORD?
MS. PAULIN: IT'S GATHERED -- THE INFORMATION THAT --
IT WAS GATHERED DIFFERENTLY, SO FOR STILLBORNS, FOR THAT -- FOR THE TWO THAT
YOU MENTIONED --
MR. MANKTELOW: SURE.
MS. PAULIN: -- IT WAS DONE OR IS DONE ELECTRONICALLY
AND EASY. FOR -- FOR -- FOR TERMINATING A PREGNANCY, IT WAS DONE ON
PAPER, AND THE PAPER WAS OFTEN PIECES OF IT WOULD GET LOST AND YOU
284
NYS ASSEMBLY MAY 7, 2025
WOULDN'T BE ABLE OFTEN TO SEE, BECAUSE IT WAS OLD-FASHIONED IN THAT IT
WAS -- IT WAS -- I CAN'T EVEN THINK OF THE WORD ANYMORE IT'S SO OLD --
CARBON, YOU KNOW, IN ORDER TO GET TO THE BOTTOM. SO BY THE TIME IT GOT
TO WHERE IT WAS SUPPOSED TO BE YOU OFTEN COULDN'T EVEN TELL WHAT THE
INFORMATION WAS ABOUT. SO -- AND OFTEN PROVIDERS JUST DIDN'T BOTHER
SENDING IT IN SO IT WASN'T A REAL GOOD PIECE OF INFORMATION ANYWAY AND
THAT DATA IS COLLECTED ALREADY BY OTHER GROUPS SO THAT'S MUCH MORE --
THE INFORMATION THAT THEY COLLECT IS JUST MUCH MORE ACCURATE SO IT
WOULD SEEM -- IT SEEMED DUPLICATIVE.
MR. MANKTELOW: OKAY. I'M NOT SURE WHAT
CARBON PAPER IS. NO, I'M JUST KIDDING.
(LAUGHTER)
I DO KNOW WHAT IT IS.
MY LAST QUESTION ON PART JJ. SO IF AN INDIVIDUAL
COMES INTO OUR STATE FOR A INDUCED TERMINATION OF AN ABORTION.
MS. PAULIN: RIGHT.
MR. MANKTELOW: DO THEY HAVE THE SAME
OPPORTUNITY TO REGISTER AS WELL?
MS. PAULIN: SO THE REGISTRATION WOULD HAPPEN IF
YOU WANTED TO BURY OR CREMATE THE -- THE FETUS. OTHERWISE, YOU
WOULDN'T HAVE TO REGISTER, THAT'S THE POINT, YOU KNOW, OR PART OF THE
POINT HERE. SO, SO YES. THEY WOULD HAVE THAT SAME OPPORTUNITY TO
REGISTER, I WOULD ASSUME, IF THEY COULD FIND A FUNERAL DIRECTOR THAT'S
WILLING TO CREMATE OR BURY THE -- THE FETUS.
MR. MANKTELOW: OKAY. I THANK YOU FOR YOUR
285
NYS ASSEMBLY MAY 7, 2025
TIME IN ANSWERING MY QUESTIONS.
MADAM SPEAKER, ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. MANKTELOW: THANK YOU.
AGAIN, WE HAVE POLICY IN THE BUDGET, SOMETHING THAT I
DO NOT AGREE WITH. I UNDERSTAND HOW IT GETS IN THERE. I REALLY WISH IT
WASN'T IN THERE. IT'S THE TENTH HOUR AT, YOU KNOW, 9:00 AT NIGHT ON OUR
FIRST NIGHT OF BUDGET DEBATES AND WE JUST GOT THIS WITHIN 24 HOURS, I'D
LIKE TO HAVE A LITTLE MORE TIME BUT THE -- THE SPONSOR DID ANSWER MY
QUESTIONS, WHICH I APPRECIATE. JUST -- JUST TO PIGGYBACK ON SOME OF THE
OTHER SITUATIONS -- OR TOPICS TONIGHT ABOUT THE HOSPITAL.
WE ALL KNOW SINCE POST-COVID THAT OUR HOSPITALS
HAVE STRUGGLED. THEY HAVE STRUGGLED IN BUFFALO. THEY HAVE STRUGGLED
IN ROCHESTER, IN SYRACUSE. OUR SMALL, LOCAL HOSPITALS ARE STRUGGLING,
AND I HEAR BOTH SIDES OF THE STORY ON WHAT'S GOING ON IN NASSAU COUNTY
WITH THAT HOSPITAL. I HOPE WITH A QUARTER OF A TRILLION DOLLAR BUDGET THAT
WE CAN HELP EACH AND EVERY ONE OF THESE HOSPITALS TO BE SUCCESSFUL,
BECAUSE WE ALL KNOW EVERYONE DOESN'T DO THINGS EXACTLY RIGHT. AND I
KNOW ON THIS ASSEMBLY FLOOR, ON MY SEVENTH YEAR, HOW MUCH MONEY
WE HAVE PUT TO THE MTA OVER THESE SEVEN YEARS THAT I'VE BEEN HERE AND
WE ALL KNOW THAT THE MTA COULD BE RUN MUCH BETTER, SERVICING THE
PEOPLE OF THE CITY MUCH BETTER, BUT WE CONSTANTLY KICK DOLLARS TO THE
MTA. I HOPE AS A SOCIETY WE'RE WILLING TO KICK THOSE DOLLARS TO PEOPLE
THAT ABSOLUTELY NEED THE HELP; OUR LOW INCOME FAMILIES, OUR FAMILIES OF
BROWN AND BLACK COMMUNITIES, PEOPLE THAT DON'T HAVE EVERYTHING.
286
NYS ASSEMBLY MAY 7, 2025
WHEN THEY GO TO THIS HOSPITAL AND THEY'RE REQUIRED TO TAKE CARE OF THESE
INDIVIDUALS THEY ARE. AND AS A BUSINESSMAN, IF THEY DON'T HAVE TO PAY
YOU'RE GOING TO LOSE MONEY. SO I HOPE THAT WE AS A ASSEMBLY
CHAMBER CAN SUPPORT THE NASSAU COUNTY HOSPITAL, AS WELL AS ALL OF OUR
HOSPITALS ACROSS THE STATE.
SO MADAM SPEAKER, THANK YOU FOR ALLOWING ME TO SAY
A FEW WORDS. MUCH APPRECIATED. THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
MR. NORBER.
MR. NORBER: THANK YOU, MADAM SPEAKER. WILL
THE SPONSOR YIELD?
ACTING SPEAKER HUNTER: WILL THE CHAIR
YIELD?
MR. PRETLOW: YES, I WILL.
ACTING SPEAKER HUNTER: THE CHAIR YIELDS.
MR. NORBER: I PROMISE TO KEEP THIS SORT OF SWEET
AND HOPEFULLY I'LL GET THIS DONE (INDISCERNIBLE).
SO UNDER THIS LEGISLATION THE GOVERNOR WILL DESIGNATE
THE CHAIR FOR THE BOARD, CORRECT?
MR. PRETLOW: DOES THIS HAVE TO DO WITH NASSAU
COUNTY HOSPITAL?
MR. NORBER: YES.
MR. PRETLOW: I'M YIELDING ALL QUESTIONS, FURTHER
QUESTIONS TO MR. LAVINE TO ANSWER.
MR. NORBER: SERIOUSLY? I DON'T YIELD, IT'S REALLY
287
NYS ASSEMBLY MAY 7, 2025
QUICK, DON'T WORRY.
MR. LAVINE: WELL, MAKE IT AS QUICK AS YOU WANT --
MR. NORBER: OY VEY.
MR. LAVINE: -- OR AS SLOW AS YOU WANT.
MR. NORBER: OKAY. SO IS THE GOVERNOR REQUIRED
TO APPOINT THE CHAIR FROM NASSAU COUNTY?
MR. LAVINE: THE CHAIR OF THE BOARD WOULD BE
DESIGNATED BY THE GOVERNOR, RATHER THAN OUR COUNTY EXECUTIVE.
MR. NORBER: AND DO YOU BELIEVE THAT THE -- THE
CHAIR SHOULD BE A COUNTY -- A NASSAU COUNTY RESIDENT?
MR. LAVINE: NINE OF THE 11 ON THAT BOARD, WHICH
IS A PRETTY GOOD PERCENTAGE, WILL BE NASSAU COUNTY RESIDENTS.
MR. NORBER: BUT THE CHAIR HIMSELF, DO YOU
BELIEVE, I'M ASKING YOU, THAT THE PERSON SHOULD BE A RESIDENT FROM
NASSAU COUNTY?
MR. LAVINE: MY FRIEND, I COULD CARE LESS WHERE
THAT PERSON RESIDES.
MR. NORBER: OKAY.
MR. LAVINE: WHAT I CARE ABOUT IS WHAT WE SHOULD
ALL CARE ABOUT, WHICH IS THAT THAT PERSON IS SOMEONE WHO IS COMPETENT
TO HANDLE THAT POSITION. AND BECAUSE THAT HAS NOT BEEN THE CASE WE ARE
NOW DISCUSSING THIS THIS EVENING.
MR. NORBER: DO YOU BELIEVE THAT THE CURRENT
HEALTH COMMISSIONER, IS HE COMPETENT?
MR. LAVINE: I'M SORRY. CAN YOU REPEAT THAT?
288
NYS ASSEMBLY MAY 7, 2025
MR. NORBER: DO YOU BELIEVE -- THE CURRENT HEALTH
COMMISSIONER, DO YOU BELIEVE THAT HE'S COMPETENT?
MR. LAVINE: I'M SORRY. THE CURRENT?
MR. NORBER: HEALTH COMMISSIONER, NASSAU
COUNTY.
MR. LAVINE: THE NASSAU COUNTY HEALTH
COMMISSIONER?
MR. NORBER: YES.
MR. LAVINE: I DON'T KNOW THE NASSAU COUNTY
HEALTH COMMISSIONER. I'VE KNOWN SEVERAL OF THE PREVIOUS NASSAU
COUNTY HEALTH COMMISSIONERS, BUT I DON'T KNOW THIS ONE.
MR. NORBER: OKAY, FAIR ENOUGH. ALL RIGHT. IN THE
PROVISIONS INCLUDED IN THE BILL, THIS REMOVES THE COUNTY EXECUTIVE
FROM THE CHAIR AND CO SELECTION PROCESS.
MR. LAVINE: YES, TO A SUBSTANTIAL EXTENT --
MR. NORBER: RIGHT, RIGHT.
MR. LAVINE: -- A VERY SUBSTANTIAL EXTENT.
MR. NORBER: SO WHAT IS THE RATIONALE FOR SUCH A
SIGNIFICANT LIMITATION ON THE COUNTY EXECUTIVE'S ABILITY?
MR. LAVINE: THE --
MR. NORBER: THIS LIMITATION. WHAT'S THE RATIONALE
BEHIND IT?
MR. LAVINE: THE COUNTY EXECUTIVE HAD THE
OPPORTUNITY TO APPOINT THE PREVIOUS CHAIR. THAT'S THE GUY WHOSE HOUSE
WAS BURGLARIZED. THAT'S ALSO THE GUY, MR. NORBER, WHO WAS FINED A
289
NYS ASSEMBLY MAY 7, 2025
QUARTER OF A MILLION DOLLARS BY THE SEC AND CENSURED IN 2023. SO I'M
NOT SO SURE THAT THAT WAS SUCH A -- A WISE CHOICE FOR APPOINTMENT.
MR. NORBER: OKAY. DR. CALNAN (PHONETIC) RIGHT
NOW IS THE (INDISCERNIBLE), IS IN CHARGE, WHY IS HE NOT --
MR. LAVINE: I -- I'M SORRY. WE CAN'T HEAR WHAT
YOU'RE SAYING.
MR. NORBER: MR. -- DR. CALNAN RIGHT NOW, WHY IS
NOT COMPETENT RIGHT NOW IN YOUR OPINION?
MR. LAVINE: I RESPONDED TO YOU. I HAVE -- I HAVE
NO IDEA. I -- I -- I DON'T KNOW THE DOCTOR.
MR. NORBER: OKAY. SO WHY IS THIS NECESSARY?
MR. LAVINE: THE NASSAU COUNTY -- NASSAU
UNIVERSITY MEDICAL CENTER SHOULD HAVE DONE WHAT EVERY RESPONSIBLE
HOSPITAL DOES. ACTUALLY, WHAT EVERY RESPONSIBLE EVEN SCHOOL BOARD
DOES WHEN THEY NEED A SUPER -- A NEW SUPERINTENDENT, YOU CONDUCT A
PROFESSIONAL SEARCH AND YOU LOOK FOR SOMEONE WHO HAS GOT EXPERTISE
IN MANAGEMENT OF HOSPITALS, AND YOU LOOK FOR SOMEONE, MY FRIEND,
WHO HAS CREDIBILITY. NOW, THAT OBVIOUSLY DID NOT OCCUR, DID IT?
MR. NORBER: OKAY. OKAY. JUST LAST QUESTION.
WHAT OTHER PUBLIC HEALTH BENEFITS CORPORATIONS IS THERE WHERE THE STATE
AND SPECIFICALLY THE GOVERNOR APPOINTS THE MAJORITY OF THE MEMBERS OF
THE BOARD?
MR. LAVINE: I -- I DON'T KNOW BUT I LIKE THAT
QUESTION BUT I -- I DON'T THINK THAT QUESTION IS TERRIBLY RELEVANT TO THE
CONDITION OF THE NASSAU UNIVERSITY MEDICAL CENTER.
290
NYS ASSEMBLY MAY 7, 2025
MR. NORBER: OKAY, BUT SPECIFICALLY
(INDISCERNIBLE) RIGHT NOW ABOUT THE -- THIS SITUATION, CORRECT?
MR. LAVINE: AND THAT'S -- THAT'S WHAT WE'RE HERE
DOING.
MR. NORBER: OKAY. SO DO YOU HAVE ANY IDEA WHY
YOU THINK THAT NASSAU COUNTY IS BEING TREATED DIFFERENTLY AT THIS TIME?
MR. LAVINE: NASSAU COUNTY HAS HAD EVERY
OPPORTUNITY TO HELP ITSELF TO MAKE SURE THAT THIS HOSPITAL AND THE
NURSING HOME ARE ABLE TO FUNCTION. NASSAU COUNTY HAS ABDICATED THAT
RESPONSIBILITY LEAVING US WITH THE QUESTION, WHAT DO WE DO? WE JUST
LET THIS PLACE CONTINUE TO DETERIORATE? I'M NOT WILLING TO DO THAT.
PERHAPS SOME ARE.
MR. NORBER: OKAY. THANK YOU VERY MUCH.
MR. LAVINE: YOU'RE WELCOME.
ACTING SPEAKER HUNTER: THANK YOU.
MS. CHANDLER-WATERMAN.
MS. CHANDLER-WATERMAN: THANK YOU,
MADAM SPEAKER.
WE APPRECIATE THE LEADERSHIP OF OUR SPEAKER, CARL
HEASTIE --
ACTING SPEAKER HUNTER: ARE YOU ON THE BILL?
MS. CHANDLER-WATERMAN: ON THE BILL, SORRY.
ACTING SPEAKER HUNTER: ON THE BILL.
MS. CHANDLER-WATERMAN: ON THE BILL.
THANK YOU, MADAM SPEAKER.
291
NYS ASSEMBLY MAY 7, 2025
WE APPRECIATE THE LEADERSHIP OF OUR SPEAKER, CARL
HEASTIE, HIS TEAM, WAYS AND MEANS AND OUR CHAIR ON MENTAL HEALTH
ASSEMBLYWOMAN SIMON.
SINCE TAKING OFFICE I CREATED AN (INDISCERNIBLE) MENTAL
TASK FORCE, AND WE -- AND WE APPRECIATE THE VITAL VOICES OF THE
ADVOCATES AND PEERS. ALSO A PROUD SHARE OF THE MENTAL HEALTH
COMMITTEE ON THE BLACK LEGISLATIVE FORCE AND I HAVE FAMILY MEMBERS
WITH -- LIVING WITH MENTAL HEALTH CONDITIONS. WE HAVE ADVOCATED A
BUDGET THAT MEETS THE NEEDS OF ALL NEW YORKERS, ESPECIALLY WHEN IT
COMES TO A PUBLIC HEALTH CRISIS. THIS BUDGET IS A STEP TOWARDS
ADJUSTING SOME IMPORTANT PROTECTIONS FOR INDIVIDUALS WITH MENTAL
HEALTH CONDITIONS, AND OF COURSE THERE IS MORE THAT WE NEED TO CONTINUE
TO BUILD ON. WE NEED TO ENSURE THAT WE ARE A PERSON CENTER, HAVE PEERS
AT THE FOREFRONT OF THE CONVERSATION, CULTURALLY COMPETENT AND
INTENTIONAL WITH DISCHARGE PLANNING. SOME HIGHLIGHTS IN THIS BUDGET
INCLUDES ENSURING IMPROVED AND MORE EXTENSIVE DISCHARGE PLANNING
REQUIRES THAT THE PATIENT BEING RELEASED BE GIVEN RELEVANT TREATMENT,
RECOMMENDATIONS, REFERRAL TO OUTPATIENT SERVICES AND FOLLOW THROUGH
WITHIN A WEEK TO ENSURE THAT THE PATIENTS HAVE APPOINTMENTS SET UP FOR
POST-DISCHARGE TREATMENT. WE NEED TO ENSURE THAT FAMILIES AND THEIR
SUPPORTIVE TEAM IS NOTIFIED WHEN DISCHARGE HAPPEN [SIC] AND IS
INCLUDED INTENTIONALLY. WE ALSO NEED A PLAN FOR THOSE THAT ARE
DISCHARGED UNDER 72 HOURS. WE ALSO NEED AND WE AGREE THE NEED OF
ADDITIONAL COLLABORATION STAKEHOLDERS TO PROVIDE FOR STRATEGIC STRATEGIES
TO ADDRESS MISFACTORS DEALING WITH VIOLENCE IF THEY ARE PRESENT. THOSE
292
NYS ASSEMBLY MAY 7, 2025
WHO HAVE INTENSIVE, COMPLEX NEEDS MUST HAVE A COMPREHENSIVE
SERVICE PLAN AND DISCHARGE SUMMARIES AND WRITTEN TO THE PATIENT AND
THE FACILITATION OF REFERRALS AT TIME OF DISCHARGE. COMMUNICATION TO
THOSE WHO WILL BE PROVIDING POST-DISCHARGE CARE IN THE COMMUNITY
INCLUDING INTENSIVE CARE MANAGER FOR THE INDIVIDUAL AND THEIR CHILDREN
IF THEY HAVE. COORDINATION REFERRALS TO LOCAL COMMUNITY-BASED CULTURAL
RELEVANT AND PEER-BASED PROGRAMS. WE KNOW INDIVIDUALS WITH LIVED
EXPERIENCE ARE PROVEN TO BE VERY HELPFUL IN RESTORING IN ONE'S HEALING.
WITH MANDATED INCIDENT REVIEW PANELS, WE ARE ABLE TO UNDERSTAND AND
LEARN THROUGH ASSESSMENTS OF WHAT WORK WELL AND WHAT DIDN'T GO SO
WELL WHEN THERE'S A PUBLIC INCIDENT INVOLVING A PERSON EXPERIENCING
EMOTIONAL CRISIS AND WE DEVELOP COMMON SENSE POLICY THAT IS
WELL-INFORMED.
THIS WILL BE THE FIRST TIME SINCE THE PASSAGE OF THIS BILL
IN 2014, SO I'M HAPPY ABOUT THAT. THE ESTABLISHMENT OF BEHAVIORAL
HEALTH TECHNICAL ASSISTANCE CENTERED TO BE A CURATOR OF BEST PRACTICES,
ASSIST LOCAL AGENCIES AND IMPLEMENTATION OF MENTAL HEALTH PROGRAMS
AND FACILITATE PUBLIC EDUCATION INFORMATION AND TRAINING. THIS WILL
ALSO EXPAND THE USE OF EFFECTIVE PROGRAMS SUCH AS CLUBHOUSES
(INDISCERNIBLE) AND ACT TEAMS. WE NEED MORE THROUGHOUT THE STATE.
WE WANT TO ENSURE THAT FINANCIAL ASSISTANT [SIC] IS GIVEN, ESPECIALLY TO
LOCAL GROUPS TO ENSURE THIS IS SUCCESSFUL. WE KNOW DANIEL'S LAW BEING
FULLY PASSED AND FUNDED IS OUR ULTIMATE GOAL. HOWEVER, IN THIS BUDGET,
IT WILL EXPLORE PILOT PROGRAMS FOR THE PROPER RESPONSE TO MENTAL HEALTH
CRISIS. WE HOPE THAT WE UTILIZE THE RECOMMENDATION OF THE REPORT
293
NYS ASSEMBLY MAY 7, 2025
CREATED BY THE AMAZING DANIEL'S LAW TASK FORCE. ONCE AGAIN, WE ARE
ASK -- WE ASK FOR A NON (INDISCERNIBLE). MY COLLEAGUE HERE, MR.
O'PHARROW, A RETIRED DETECTIVE DID AN OP-ED QUALIFYING THAT THIS POINT
THAT LAW ENFORCEMENT IS NOT TRAINED OR IS THE APPROPRIATE RESPONSE TO
INDIVIDUAL [SIC] IN CRISIS, WHICH LEAD [SIC] ME INTO MY NEXT POINT.
INVOLUNTARY COMMITMENT IS NOT A HOLISTIC WAY TO SUPPORT PERSON'S
EXPERIENCE IN EMOTIONAL CRISIS. WE NEED MENTAL HEALTH PROFESSIONALS
RESPONDING AND ASSESSING OUR LOVED ONES IN NEED. OUR COMMUNITIES
AND I ARE CONCERNED THAT WE ARE CODIFYING INTO STATE LAW A
(INDISCERNIBLE) THAT HAS BEEN USED IN THE CITY THAT WAS UNSUCCESSFUL
BECAUSE LAW ENFORCEMENT SHOULD NOT BE THE ONES RESPONDING AND DO
NOT WANT TO RESPOND. MENTAL HEALTH ILLNESS IS NOT A CRIME. LAW
ENFORCEMENT WILL NEVER BE TRAINED CLINICIANS AND HAVE -- AND HAVING
THEM BE FIRST RESPONDERS AND FACILITATE TRANSPORTING (INDISCERNIBLE) TO
CRISIS TO HOSPITALS CAN GO SO WRONG AS WE HAVE MANY EXAMPLES LIKE
DANIEL PRUDE, OR IN MY DISTRICT SHAHEED VISAL (PHONETIC).
WITH THE LACK OF BEDS, ESPECIALLY CO -- OCCURRING
CONDITIONS WHEN IT COMES TO SUBSTANCE ABUSE ALONG WITH MENTAL HEALTH
AND LACK OF HOUSING, SUPPORTIVE HOUSING, WHERE DO INDIVIDUALS GO
WHEN THEY ARE DISCHARGED? WE NEED TRUE INVESTMENTS IN PERMANENT,
SUPPORTIVE HOUSING TO ENSURE THOSE WHO ARE UNHOUSED CAN GET PROPER
SUPPORT WHILE HAVING A STABLE LIVING CONDITION. A PERSON SHOULD NOT
BE FORCED INTO TREATMENT. TREATMENT SHOULD BE MORE ACCESSIBLE AND
VOLUNTARY. THIS PRACTICE OF COERCION CAUSES MORE DISTRUST AND TRAUMA.
THE PRESENT [SIC] OF LAW ENFORCEMENT DOES NOT DEESCALATE, IT ESCALATES
294
NYS ASSEMBLY MAY 7, 2025
THE SITUATION. WE NEED TO FOCUS ON MORE INVESTMENT ON VOLUNTARY
WRAPAROUND SERVICES BEING READILY AVAILABLE AND INTENTIONAL, ESPECIALLY
IN THE BLACK AND BROWN COMMUNITIES. WE NEED TO CREATE A REAL
INTENTIONAL EFFORT TO ADDRESS THE MENTAL HEALTH CRISIS. AS I SAY THERE ARE
SOME STEPS IN THE RIGHT DIRECTION; HOWEVER, THERE'S MORE TO BE DONE,
THERE'S MORE AGENCIES TO BE INVOLVED. NYPD CANNOT BE OVERUSE [SIC]
IN THESE SITUATION [SIC]. THEY NEED TO BE SUP -- SUPPORTING THOSE WHO
ARE -- THAT ARE VICTIMS AND WHEN CRIMES ARE COMMITTED.
THANK YOU VOTE. I WILL VOTE IN THE AFFIRMATIVE AND
BEG WE CONTINUE TO BUILD ON THIS LEGISLATION. THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
MR. BLUMENCRANZ.
MR. BLUMENCRANZ: MR. [SIC] SPEAKER, WILL THE
SPONSOR YIELD FOR SOME QUESTIONS?
MR. PRETLOW: YES, I WILL.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MR. BLUMENCRANZ: I HAVE SOME QUESTIONS
ABOUT PART LL AGAIN.
MR. PRETLOW: I'M YIELDING ALL QUESTIONS ON LL TO
MR. LAVINE.
MR. BLUMENCRANZ: OKAY. MR. LAVINE, WOULD
YOU YIELD FOR SOME QUESTIONS?
MR. LAVINE: YES.
MR. BLUMENCRANZ: MR. LAVINE, IS THERE ANY
ACCOUNTABILITY FOR THE $1 BILLION MEDICAID SHORTFALL THAT WE'VE SEEN FOR
295
NYS ASSEMBLY MAY 7, 2025
THIS HOSPITAL? HAVE WE SEEN ANY -- ANY RECOURSE THAT WE'LL SEE COMING
FORWARD WITH THIS RECEIVERSHIP THAT THEY'RE CREATING?
MR. LAVINE: I'M SORRY. IS THERE ANY
ACCOUNTABILITY?
MR. BLUMENCRANZ: WILL -- WILL THERE BE ANY
METRICS OF ACCOUNTABILITY TO THE $1 BILLION SHORTFALL THAT HAS LED THIS
HOSPITAL DOWN THIS DIRECTION?
MR. LAVINE: AND SO -- AND LET ME ASK YOU, MR.
BLUMENCRANZ, WITH ALL DUE RESPECT, WHAT IS THE MEDICAID SHORTFALL?
MR. BLUMENCRANZ: WHAT IS IT?
MR. LAVINE: YEAH.
MR. BLUMENCRANZ: YOU'VE BEEN HERE FOR 20
YEARS. THIS HOSPITAL'S BEEN SUFFERING FOR EVERY SINGLE ONE OF THOSE
YEARS. IT HAS BEEN A COLOSSAL BURDEN NOT ONLY ON THE ENTIRE NASSAU
COUNTY HEALTHCARE SYSTEM AS A WHOLE, BUT ALSO SPECIFICALLY ON THIS
HOSPITAL. SO YOU TELL ME. YOU THINK THERE'S NO -- THEY'RE JUST -- THEY'RE
GETTING THEIR REIMBURSEMENTS JUST FINE?
MR. LAVINE: MR. BLUMENCRANZ, THANK YOU FOR
CREDITING ME WITH MY POLITICAL LONGEATIVITY-- LONGEVITY IN A COUNTY
WHICH -- IN WHICH MANY OF MY VIEWS ARE NOT SHARED BY THE FOLKS WHO
-- WHO RULE THERE, BUT ANY SHORTFALL HAS BEEN THE FAULT OF THE HOSPITAL
ITSELF.
MR. BLUMENCRANZ: SO IN THE PREVIOUS
ADMINISTRATION I THINK WHAT WAS IN THE OTHER DEBATE YOU SAID, YOU
NEEDED AN INDIVIDUAL WHO HAS REAL EXPERIENCE RUNNING A HOSPITAL,
296
NYS ASSEMBLY MAY 7, 2025
RIGHT?
MR. LAVINE: YES.
MR. BLUMENCRANZ: THE INDIVIDUAL WHO RAN THE
HOSPITAL PREVIOUSLY, WHAT -- WHAT WAS HIS EXPERIENCE RUNNING HOSPITALS
--
MR. LAVINE: MR. -- MR. SUNEZ (PHONETIC) WHO WAS
A FORMER --
MR. BLUMENCRANZ: AMBASSADOR.
MR. LAVINE: -- AMBASSADOR, ALSO RAN A MAJOR, A
MAJOR CHAIN OF -- OF HOTELS --
MR. BLUMENCRANZ: OH!
MR. LAVINE: -- SO AT LEAST HAD -- MR. BLUMENCRANZ,
I DON'T KNOW. DO YOU WANT TO STOP ME FROM TALKING?
MR. BLUMENCRANZ: WOULD YOU LIKE ME TO? I
TRIED TO SPEAK TO THE SPONSOR HERE, BUT HE YIELDED HIS TIME TO YOU.
MR. LAVINE: WELL, MR. BLUMENCRANZ, NASSAU
UNIVERSITY MEDICAL CENTER IS CLOSER TO MY HOUSE THAN IT IS TO THE -- THE
SPONSOR'S HOUSE. AND AS YOU KNOW, ALTHOUGH I DON'T BELIEVE YOU WERE
EARLIER IN THE DEBATE --
MR. BLUMENCRANZ: I WAS LISTENING.
MR. LAVINE: -- I HAVE BEEN IN THAT HOSPITAL VISITING
FRIENDS MANY, MANY TIMES. AND WITH RESPECT TO THE QUALIFICATIONS OF
THE PREVIOUS DIRECTOR OF THE HOSPITAL, ARE YOU SUGGESTING THAT THOSE
QUALIFICATIONS ARE NOT AS SUBSTANTIAL AS MR. BRUDERMAN'S QUALIFICATIONS?
MR. BLUMENCRANZ: I'M ASKING YOU WHERE THE
297
NYS ASSEMBLY MAY 7, 2025
OUTRAGE COMES FROM TODAY THAT HASN'T BEEN HERE FOR 20 YEARS AS THIS
HOSPITAL'S CONTINUED TO FAIL. THE STATE HAS SHORTCHANGED THIS PARTICULAR
FACILITY 50 PERCENT OF WHAT IT'S OWED IN MEDICAID PAYMENTS OVER THE
COURSE OF THE PAST FEW YEARS, BUT NOW --
MR. LAVINE: YOU -- YOU ASK WHERE THE OUTRAGE
COMES FROM?
MR. BLUMENCRANZ: OH!
MR. LAVINE: BECAUSE I HAVE --
MR. BLUMENCRANZ: THE OUTRAGE TODAY --
MR. LAVINE: I HAVE LIVED IN COMMUNITIES WHERE
PEOPLE --
MR. BLUMENCRANZ: EXCUSE ME.
ACTING SPEAKER HUNTER: WE'RE ASKING AND
ANSWERING, PLEASE, GENTLEMEN.
MR. BLUMENCRANZ: ARE WE BOTH ASKING OR DO I
ASK QUESTIONS OF THE SPONSOR'S ANSWERS?
MR. LAVINE: I -- I WOULD SUGGEST YOU ASK YOUR
QUESTIONS THROUGH THE SPEAKER.
MR. BLUMENCRANZ: IF YOU DON'T WISH TO ANSWER
MY QUESTIONS, MR. LAVINE, THEN I RESPECTFULLY ASK IF THE SPONSOR CAN
CONTINUE TO ANSWER THE WAY IT'S SUPPOSED TO BE.
MR. LAVINE: MR. BLUMENCRANZ, I LIKE THE IDEA OF
DIALOGUE. AND THAT'S WHY I'M SUGGESTING THAT WHATEVER QUESTIONS YOU
HAVE, AND I DO BELIEVE THAT THAT'S PART OF OUR POLICY, WILL YOU PLEASE
POSE THEM THROUGH THE SPEAKER?
298
NYS ASSEMBLY MAY 7, 2025
MR. BLUMENCRANZ: THROUGH YOU, MADAM
SPEAKER, IS THIS ABOUT PATIENTS OR IS IT ABOUT POLITICS?
MR. LAVINE: I HEARD --
MR. BLUMENCRANZ: WOULD YOU LIKE THE EXERCISE
OR WOULD YOU LIKE THE DIALOGUE --
MR. LAVINE: MR. -- MR. BLUMENCRANZ --
MR. BLUMENCRANZ: MR. LAVINE...
MR. LAVINE: MR. BLUMENCRANZ, SOME OF US HAVE
LIVED A LIFE'S EXPERIENCE WHERE WE WEREN'T ALWAYS ABLE TO GET MEDICAL
CARE AND LIVED IN COMMUNITIES IN WHICH MEDICAL CARE --
MR. BLUMENCRANZ: AND THOSE PEOPLE THAT ARE AT
THIS HOSPITAL --
MR. LAVINE: AND MAY I --
MR. BLUMENCRANZ: AND THE HOSPITAL THAT YOU
SAID --
ACTING SPEAKER HUNTER: MR. BLUMENCRANZ,
MR. LAVINE, IT IS YOUR TIME, MR. BLUMENCRANZ, YOU CAN CONTINUE TO
YIELD YOUR TIME TO MR. LAVINE, YOU COULD GO ON THE BILL, BUT YOU WILL
ASK A QUESTION, HE WILL ANSWER THE QUESTION.
MR. BLUMENCRANZ: I HAVE NOT YIELDED MY TIME
TO MR. LAVINE.
ACTING SPEAKER HUNTER: OKAY.
MR. BLUMENCRANZ: THE SPONSOR HAS SAID THAT
MR. LAVINE WILL BE ANSWERING QUESTIONS ON HIS BEHALF.
ACTING SPEAKER HUNTER: THEN YOU WILL WAIT
299
NYS ASSEMBLY MAY 7, 2025
FOR HIM TO ASK THE QUESTION, PLEASE, SIR, AND YOU WILL ANSWER AND YOU
WILL WAIT FOR THE RESPONSE, PLEASE. THANK YOU.
MR. LAVINE: I BELIEVE THERE IS A FUNDAMENTAL RIGHT
TO MEDICAL CARE. NOT EVERYONE SHARES MY BELIEF.
MR. BLUMENCRANZ: THAT THERE HAS BEEN
STATEMENTS MADE THAT SERVICE WILL BE CUT FROM THE VERY PEOPLE YOU
CLAIM DESERVE HEALTH CARE WHO CAN'T AFFORD IT.
MR. LAVINE: I DON'T --
MR. BLUMENCRANZ: WHAT -- WHAT HEALTH CARE'S
ON THE CHOPPING BLOCK, MR. LAVINE? YOU THINK WE NEED THE CHANGE, A
CHANGE THAT WILL INVOLVE A REMOVAL OF HEALTHCARE SERVICES TO RESIDENTS
OF NASSAU COUNTY? THAT SEEMS LIKE A GOOD IDEA?
MR. LAVINE: MR. BLUMENCRANZ, I THINK WE MAY
COMMUNICATE BETTER IF WE AREN'T QUITE SO BOISTEROUS, BUT I DON'T LIVE IN
BUBBLE AND I AM FEARFUL OF WHAT IS GOING TO OCCUR IN THE MONTHS TO
COME AS A RESULT OF A POLITICAL -- A POLITICAL PARTY RUNNING THE UNITED
STATES WHICH DOESN'T SHARE MY BELIEF IN THE FUNDAMENTAL RIGHT TO
MEDICAL CARE.
MR. BLUMENCRANZ: MR. LAVINE, WHEN THERE WAS
OVER 2,000 SUBPOENAS PROVIDED FROM THE FEDERAL GOVERNMENT TO THE
ADMINISTRATOR OF THIS HOSPITAL UNDER THE PREVIOUS ADMINISTRATION.
WHEN HE WAS UNDER FEDERAL INVESTIGATION, THIS BODY AND THIS STATE DID
NOT FIND IT NECESSARY TO PUT IT INTO A RECEIVERSHIP, BUT TODAY IT DOES.
DOES THAT NOT SEEM LIKE YOUR POLITICAL OUTRAGE TODAY MIGHT ANGER AND
FRUSTRATE THE RESIDENTS OF NASSAU COUNTY WHO ARE HEARING THAT THERE
300
NYS ASSEMBLY MAY 7, 2025
WILL BE SERVICE CUTS?
MR. LAVINE: I DON'T WANT TO SEE THIS HOSPITAL SHUT,
DO YOU?
MR. BLUMENCRANZ: OF COURSE I DO NOT AND LIKE
SUNY DOWNSTATE I DO NOT WANT TO SEE IT IN THE SAME POSITION. BUT DO
YOU THINK THAT THERE WILL BE CUTS TO HEALTH CARE PROVIDED TO THE VERY
PEOPLE YOU SEEK TO BE HELPING? IS THAT GOING TO BE A PART OF THE
PROCESS IN REMOVING THIS RECEIVERSHIP IN THE FUTURE OF THIS HOSPITAL?
MR. LAVINE: FIRST OF ALL, I DON'T KNOW WHAT YOU
MEAN BY RECEIVERSHIP, AND SECONDLY --
MR. BLUMENCRANZ: WHAT WOULD YOU CLASSIFY
THIS TAKEOVER AS?
MR. LAVINE: MR. -- MR. BLUMENCRANZ, YOU MAY
NOT LIKE WHAT I'VE GOT TO SAY, BUT I DO LISTEN TO WHAT YOU SAY AND I
WOULD URGE YOU TO SHOW ME THAT SAME MODICUM OF RESPECT. I AM IN
FAVOR OF THIS PROPOSITION BECAUSE I WANT THE HOSPITAL TO CONTINUE AND I
DO NOT WANT TO SEE ANYONE LOSE THEIR MEDICAL SERVICES.
MR. BLUMENCRANZ: IS THERE AN EXPECTATION IN
YOUR MIND AS A MEMBER OF THE MAJORITY WHO IS PART OF THIS DISCUSSION,
IS THERE AN IDEA THAT WE MIGHT SEE SOME IMPROVEMENTS TO THE
REIMBURSEMENT ISSUES THAT HAVE SYSTEMICALLY BEEN ISSUES FOR THE
HOSPITAL TO HAVE A BUDGET THAT MAKES ANY SOLVENCY ISSUES NO LONGER A
QUESTION?
MR. LAVINE: WE HAVE DOZENS OF SAFETY NET
HOSPITALS IN NEW YORK STATE. WAIT, MR. BLUMENCRANZ. I'M ACTUALLY
301
NYS ASSEMBLY MAY 7, 2025
INCORRECT. WE HAVE NEARLY A HUNDRED SAFETY NET HOSPITALS IN OUR STATE.
NOT ONE OF THEM COMES CLOSE TO THE CRISIS THAT WE FACE AT THE NASSAU
UNIVERSITY MEDICAL CENTER. HOW, MY FRIEND, DO YOU ACCOUNT FOR THAT?
MR. BLUMENCRANZ: HOW MANY OF THOSE ARE
COUNTY HOSPITALS, NOT FULLY STATE-RUN INSTITUTIONS BUT COUNTY HOSPITALS?
MR. LAVINE: WELL, THERE'S H&H AND IT DOESN'T
MATTER TOO MUCH IN THE SCHEME OF THINGS WHETHER THEY'RE COUNTY
HOSPITALS OR THEY'RE NOT COUNTY HOSPITALS.
NASSAU UNIVERSITY MEDICAL CENTER IS UNIQUE AND I
THINK WE ALL KNOW THE REASON WHY. I SHOULD SAY MOST OF US KNOW THE
REASON.
MR. BLUMENCRANZ: SO WHY DON'T YOU SAY THE
QUIET PART OUT LOUD? GO AHEAD. WHY -- WHY IS IT FROM DEMOCRATS OR
REPUBLICAN ADMINISTRATION, WHY -- WHY IS THE SYSTEMIC ISSUES -- WHY
HAS THIS BODY TURNED A CHEEK AND NOW THEY CARE, NOW THAT THIS
PARTICULAR POLITICAL MOMENT THEY DECIDE TO STAND UP AND DO SOMETHING?
MR. LAVINE: WELL, WE EITHER DO SOMETHING OR WE
DON'T DO SOMETHING AND I THINK IT'S TIME TO DO SOMETHING.
MR. BLUMENCRANZ: OF COURSE YOU DO.
MR. LAVINE: BUT NOT EVERYONE AGREES WITH THAT.
MR. BLUMENCRANZ: MADAM SPEAKER, ON THE
BILL, PLEASE.
ACTING SPEAKER HUNTER: ON THE BILL, SIR
MR. BLUMENCRANZ: MADAM SPEAKER, THIS IS A
BLATANT POWER GRAB. IT UNDERMINES HOME RULE AND LOCAL
302
NYS ASSEMBLY MAY 7, 2025
REPRESENTATION. THIS HOSPITAL HAS BEEN SHORTCHANGED. IT'S BEEN
HANDICAPPED. IT'S BEEN HARMED BY STATE INSTITUTIONS FOR DECADES,
WHETHER IT'S A DEMOCRAT IN THE COUNTY EXECUTIVE'S OFFICE OR A
REPUBLICAN. THE LOSERS BECAUSE OF THE INADEQUATE SERVICE THE STATE
HAS PROVIDED HAS BEEN PATIENTS, HAS BEEN NASSAU COUNTY RESIDENTS AND
HAS BEEN NEW YORKERS. IT'S TIME THE STATE STEPS UP, PAYS ITS BILLS, FIXES
THE INEQUITIES THAT IT HAS PROVIDED TO THIS HOSPITAL AND WORK AS A
PARTNER WITH NASSAU COUNTY INSTEAD OF CONSTANTLY TREATING IT LIKE A
HAMMER IN NEED OF A NAIL. I EXPECT MORE FROM THIS BODY AND I HOPE
THAT WE WORK TOGETHER LOCAL AND STATE GOVERNMENT, NOT WORK AGAINST
EACH OTHER. THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
MS. WALSH.
MS. WALSH: THANK YOU, MADAM SPEAKER. WILL
CHAIR PRETLOW YIELD, ALTHOUGH I WILL TELL YOU AT THE OUTSET, CHAIR, THAT I
HAVE QUESTIONS CONCERNING PART JJ, WHICH I BELIEVE THAT YOU MAY HAVE
BEEN REFERRING TO MS. PAULIN IF I'M NOT MISTAKEN. THANK YOU VERY
MUCH. THEN I WOULD ASK MS. PAULIN TO PLEASE YIELD FOR SOME
QUESTIONS.
ACTING SPEAKER HUNTER: MS. PAULIN YIELDS.
MS. WALSH: THANK YOU VERY MUCH.
SO THE QUESTIONS I HAVE HAVE TO DO WITH PART JJ, AS I
SAID, HAVING TO DO WITH THE -- WHAT WAS PREVIOUSLY TERMED AS THE
REGISTRATION OF FETAL DEATHS THAT IS NOW GOING TO BE CALLED REPORTING OF
PREGNANCY LOSS.
303
NYS ASSEMBLY MAY 7, 2025
MS. PAULIN: YES.
MS. WALSH: SO I BELIEVE YOU ANSWERED IN RESPONSE
TO PREVIOUS QUESTIONING THAT IT WAS JUST A SIMPLE CHANGE IN TERMINOLOGY
TO GO FROM REGISTRATION OF FETAL DEATHS TO REPORTING OF PREGNANCY LOSS; IS
THAT CORRECT?
MS. PAULIN: YES, BECAUSE THE -- THE FETUS ISN'T
CALLED A FETUS UNTIL NINE WEEKS, SO PREGNANCY LOSS WAS MORE ACCURATE
BECAUSE IT CAPTURED A MISCARRIAGE THAT COULD HAPPEN PRIOR.
MS. WALSH: I DIDN'T KNOW IF IT WOULD'VE BEEN THE
ELIMINATION OF THE WORD "DEATH" THAT I WAS WONDERING IF PERHAPS
BECAUSE OF SAY AN EARLY ABORTION THAT'S THE RESULT OF MAYBE LIKE A -- LIKE
A PLAN B TYPE MEDICATION, IF THAT WAS FELT NO LONGER TO BE CONSIDERED A
DEATH IN THE -- IN THE TERMS OF THE LEGISLATION.
MS. PAULIN: IT REALLY HAS TO DO WITH THE NINE
WEEKS.
MS. WALSH: I'M SORRY?
MS. PAULIN: IT HAD TO DO WITH THE NINE WEEKS.
MS. WALSH: IT HAD TO DO WITH THE NINE WEEKS?
MS. PAULIN: YEAH.
MS. WALSH: OKAY. VERY GOOD.
SO, NOW IT -- IT LOOKS AS THOUGH WE KEEP TRACK
CURRENTLY OF ALL DIFFERENT TYPES OF -- WELL, WE -- WE KEEP TRACK,
OBVIOUSLY, OF LIVE BIRTHS, BUT WE ALSO KEEP TRACK OF DIFFERENT TYPES OF
PREGNANCY LOSS. SO CAN YOU JUST RE -- REVIEW WHAT THOSE DIFFERENT TYPES
ARE?
304
NYS ASSEMBLY MAY 7, 2025
MS. PAULIN: WELL, IT'S STILLBIRTH, IT'S MISCARRIAGE
AND IT'S AN ABORTION, ESSENTIALLY. THOSE ARE THE THREE MAIN CATEGORIES.
MS. WALSH: OKAY. SO UNDER THE CHANGES MADE TO
THIS -- TO THIS PART OF THE LAW IN PART JJ OF THIS BILL, WE'LL STILL KEEP TRACK
OF THE SPONTANEOUS MISCARRIAGES, THE DATA, RIGHT? AND WE'LL STILL KEEP
TRACK OF THE STILLBIRTH DATA, BUT IS IT TRUE THAT THIS BILL NOW WILL NO LONGER
REQUIRE THE RECORDING OF THE DATA OR NUMBERS REGARDING THE NUMBER OF
ABORTIONS?
MS. PAULIN: THAT'S CORRECT.
MS. WALSH: OKAY. AND WHY IS THAT? WHY ARE WE
SINGLING THAT OUT AND TREATING IT DIFFERENTLY IN TERMS OF DATA?
MS. PAULIN: AGAIN, AS I EXPLAINED A LITTLE BIT AGO,
THE DATA IS COLLECTED DIFFERENTLY, SO FOR STILLBIRTH AND FOR MISCARRIAGE, IT
GOES INTO AN ELECTRONIC SYSTEM. IT'S VERY EASY. IT'S USUALLY AT A
HOSPITAL, SO THE DATA IS PRETTY ACCURATE. THE WAY ABORTIONS ARE -- THE
WAY THAT DATA IS GATHERED IS YOU GET LIKE A TRIPLICATE THING, YOU KNOW,
THE OLD FASHIONED CARBON -- YOU HAVE TO WRITE IT OUT.
MS. WALSH: YEAH.
MS. PAULIN: IT'S MAILED TO DIFFERENT PROVIDERS. IT'S
NOT CONSISTENTLY SENT IN. YOU ACTUALLY HAVE TO RETURN IT TO THE CLERK'S
OFFICE. MANY PROVIDERS DON'T DO THAT, SO THE DATA IS REALLY INACCURATE TO
BEGIN WITH, SO MUCH MORE ACCURATE DATA IS COLLECTED BY THE SOCIETY OF
FAMILY PLANNING. SO THAT DATA IS ACCURATE AND IT'S NOT -- IT'S NOT SIMILAR
IN A LOT OF RESPECTS TO THE DATA WE THINK SHOULD BE ACCURATE, WHICH IS
THE TRIPLICATE. SO IT DOESN'T MAKE SENSE TO KEEP THAT DATA WHEN WE GET
305
NYS ASSEMBLY MAY 7, 2025
IT A DIFFERENT WAY.
MS. WALSH: AND -- AND I APOLOGIZE. I COULDN'T
QUITE HEAR YOU. DID YOU SAY IT WAS THE SOCIETY FOR FAMILY PLANNING?
MS. PAULIN: YES. AND THE -- ALSO THE GUTTMACHER
INSTITUTE ALSO COLLECTS THE SAME DATA FROM THE PROVIDERS. SO IT'S -- THAT'S
JUST BETTER DATA.
MS. WALSH: OKAY. ALL RIGHT. OKAY. AND I
UNDERSTAND THAT. I APPRECIATE THAT ANSWER.
SO, IS -- WAS THE -- THE CARBON METHOD -- I'LL CALL IT THE
CARBON METHOD --
MS. PAULIN: YEAH, YEAH.
MS. WALSH: -- YOU KNOW, THE THREE PIECES OF PAPER
AND ALL THE CARBON STUFF. SO WAS THERE A CONCERN THAT THAT WOULD'VE
BEEN A SIGNIFICANT UNDERREPORT, BECAUSE YOU WOULD'VE HAD MAYBE SOME
PEOPLE NOT RETURNING THE PAPERWORK OR SOMETHING LIKE, IT WOULD'VE
BEEN AN UNDERREPORT?
MS. PAULIN: IF -- IF IT'S -- YES. IT WOULD BE AN
UNDERREPORTING JUST -- AND JUST -- IT COULD BE WRONG, YOU KNOW. IT -- IT
COULD BE THAT YOU DIDN'T UNDERSTAND IT BY THE THIRD PAGE BECAUSE YOU
DIDN'T WRITE HARD, YOU KNOW. SO IT JUST WASN'T -- IT WASN'T WORKING AND
DIDN'T MAKE A LOT OF SENSE.
MS. WALSH: DO YOU KNOW WHETHER THOSE TWO OTHER
-- THE SOCIETY OF FAMILY PLANNING AND THEN GUTTMACHER - I MIGHT BE
SAYING THAT WRONG --
MS. PAULIN: YEAH.
306
NYS ASSEMBLY MAY 7, 2025
MS. WALSH: -- THOSE TWO SOURCES, HOW DID THEY
OBTAIN THEIR DATA? DO YOU HAVE ANY IDEA?
MS. PAULIN: THEY DO PROVIDER SURVEYS --
MS. WALSH: OKAY.
MS. PAULIN: -- SO -- AND IT'S -- YOU KNOW, SO THE --
THE DATA WAS COLLECTED AND IT WAS VERY SPECIFIC TO AN INDIVIDUAL, YOU
KNOW, RIGHT? SO THE DATA THAT -- THAT THE OTHER TWO BETTER COLLECTORS
GATHER IS NOT SPECIFIC TO THE INDIVIDUAL. IT'S JUST -- IT GIVES -- AND GIVES
US REALLY THE NUMBERS WE'RE LOOKING FOR AND THE GEOGRAPHIC LOCATIONS
PERHAPS, BUT NOT -- YOU KNOW, IT'S NOT GOING TO SAY A SPECIFIC NAME,
WHICH IS A BETTER WAY TO COLLECT THE DATA FOR VITAL RECORDS ANYWAY.
MS. WALSH: RIGHT. OKAY. SO DO YOU KNOW
WHETHER THOSE OTHER TWO ORGANIZATIONS, DO THEY COLLECT CURRENTLY DATA
REGARDING ABORTION MEDICATION THAT'S BEING PROVIDED OUTSIDE THE
BOUNDARIES OF NEW YORK STATE THROUGH TELEHEALTH AND, YOU KNOW,
MAILING IT AS WE'VE DISCUSSED IN PREVIOUS BILLS WE'VE DISCUSSED?
MS. PAULIN: SO I'M GLAD YOU BROUGHT UP TELEHEALTH
BECAUSE THE TELEHEALTH PROVIDERS DIDN'T SEE THEMSELVES AS -- THEY DIDN'T
-- THEY DIDN'T THINK THEY WERE OBLIGATED TO FILL OUT THE TRIPLICATE --
MS. WALSH: OKAY.
MS. PAULIN: -- OFTEN, SO WE DIDN'T GET THAT
INFORMATION, BUT WHEN THEY'RE SURVEYED, THEY DO PROVIDE THE DATA, SO
THAT WE REALLY HAVE A MUCH BETTER FEEL FOR WHAT'S HAPPENING IN -- IN
THAT AREA.
MS. WALSH: OKAY.
307
NYS ASSEMBLY MAY 7, 2025
(PAUSE)
I THINK THOSE ARE ALL THE QUESTIONS I HAVE ON THIS
PARTICULAR PART. AND MADAM SPEAKER, AT THIS POINT I WOULD ASK CHAIR
PRETLOW TO YIELD FOR SOME QUESTIONS REGARDING -- REGARDING --
ACTING SPEAKER HUNTER: MR. PRETLOW, DO YOU
YIELD?
MS. WALSH: -- REGARDING -- HOLD ON -- KENDRA'S LAW
AND THOSE CHANGES. I DON'T KNOW IF YOU'RE HANDLING THOSE.
MR. PRETLOW: SO INVOLUNTARY COMMITMENT YOU'RE
REFERRING TO.
MS. WALSH: INVOLUNTARY COMMITMENT, YES.
MR. PRETLOW: YES.
MS. WALSH: YES.
ACTING SPEAKER HUNTER: THE CHAIR YIELDS.
MS. WALSH: THANK YOU.
SO DO WE HAVE ANY IDEA OF HOW MANY PEOPLE WE'RE
TALKING ABOUT HERE WHO WILL BE AFFECTED BY THE CHANGES THAT ARE BEING
MADE IN THIS PART EE?
MR. PRETLOW: I'M NOT SURE -- I'M NOT SURE OF THAT
NUMBER. I KNOW THAT IT'S IN THE VICINITY OF 1,000.
MS. WALSH: ONE THOUSAND?
MR. PRETLOW: IN THE VICINITY OF 1,000. I DON'T
WANT TO GIVE YOU AN EXACT NUMBER BUT...
MS. WALSH: PER YEAR --
MR. PRETLOW: YES.
308
NYS ASSEMBLY MAY 7, 2025
MS. WALSH: -- AND WITHIN THE STATE.
MR. PRETLOW: YES.
MS. WALSH: THANK YOU, SIR. SO WHEN -- I
UNDERSTAND THAT THIS -- I BELIEVE THAT THIS ORIGINATED AS A PROPOSAL MADE
BY THE GOVERNOR'S OFFICE.
MR. PRETLOW: THAT IS CORRECT.
MS. WALSH: BUT I'M INTERESTED IN KNOWING IF
DURING THE NEGOTIATION IF THERE WERE CONCERNS THAT WERE RAISED ABOUT
THE CIVIL RIGHTS OF THOSE 1,000 OR SO PEOPLE REGARDING THE POSSIBILITY OF
THEM BEING INVOLUNTARILY COMMITTED.
MR. PRETLOW: WELL, CIVIL RIGHTS ARE ALWAYS A
CONSIDERATION WHENEVER THESE NEGOTIATIONS ARE TAKING PLACE, BUT THIS IS
BEING DONE IN THE BEST INTEREST OF THE GENERAL PUBLIC AND THE PEOPLE
THAT ARE IN NEED OF HELP.
MS. WALSH: SO I -- I AGREE THAT IT IS -- IT IS A
BALANCE THAT WE NEED TO TRY TO STRIKE HERE. ARE YOU AWARE OF ANY
CHANGES THAT WERE MADE IN THE GOVERNOR'S PROPOSAL, OR HAS THE
PROPOSAL THAT WE'RE LOOKING AT AND VOTING ON TONIGHT ESSENTIALLY EXACTLY
THE SAME AS WHAT THE GOVERNOR --
MR. PRETLOW: WELL, I THINK THE MOST -- THE MOST
SUBSTANTIVE CHANGE IS PROBABLY THAT WE'VE -- WILL DEVELOP AN EXIT PLAN
FOR PEOPLE THAT MAY BE CONFINED. WE'RE ALSO MANDATING THAT THERE ARE
A SUFFICIENT NUMBER OF HEALTH PROFESSIONALS AVAILABLE FOR THE TREATMENT
OF PEOPLE THAT HAVE BEEN DETAINED AGAINST THEIR -- THEIR WISHES.
(CONFERENCING)
309
NYS ASSEMBLY MAY 7, 2025
AND WE ALSO HAVE A CRISIS RESPONSE CENTER, YES.
MS. WALSH: AND IS THE CRISIS RESPONSE, IS THAT AN
ADDITIONAL PIECE THAT WAS PLACED INTO THE -- THE POLICY?
MR. PRETLOW: YES. THAT WAS PART OF THE
NEGOTIATIONS. THAT WAS ONE OF THE THINGS THAT HELD THE BUDGET UP
GETTING THAT --
MS. WALSH: OKAY.
MR. PRETLOW: -- IN -- IN THE BUDGET.
MS. WALSH: OKAY. AND COULD YOU -- COULD YOU
TALK A LITTLE BIT ABOUT HOW THESE APPROXIMATELY - AND I UNDERSTAND THAT
THAT'S A BALLPARK FIGURE, BUT HOW THESE FOLKS WILL BE IDENTIFIED AND
BROUGHT INTO THE SYSTEM FOR ASSISTANCE? I MEAN IS THAT -- IS THAT
THROUGH REFERRALS?
MR. PRETLOW: WELL, I WOULD THINK GENERALLY BY
ACTIVITIES OR ACTIONS ON THE STREET.
MS. WALSH: OKAY.
MR. PRETLOW: WHEN, YOU KNOW, A INDIVIDUAL IS
COME -- COME -- COMES -- IS COME UPON BY A MEMBER OF THE GENERAL
PUBLIC OR A POLICE OFFICER OR WHOMEVER AND SEES THAT THE PERSON IS IN
NEED OF HELP, THEN THEY WILL BE ESCORTED TO A -- TO A FACILITY. I MEAN IS
WHAT WE DO IS EXPAND THE CRITERIA TO COMMIT A PERSON FOR INVOLUNTARY
TREATMENT TO INCLUDE A PERSON'S INABILITY TO PROVIDE FOR THEIR OWN
ESSENTIAL NEEDS, SUCH AS FOOD, CLOTHING AND NECESSARY MEDICAL CARE.
PERSONAL SAFETY OR SHELTER, OTHERWISE KNOWN AS GRAVELY DISABLED
STANDARD.
310
NYS ASSEMBLY MAY 7, 2025
MS. WALSH: AND HOW LONG WILL -- IF AN INDIVIDUAL
IS BELIEVED TO MEET THAT STANDARD AND WE'RE GOING TO BE LOOKING AT
THOSE DIFFERENT CRITERIA AND THERE'S GOING TO BE A DETERMINATION MADE
THAT THEY NEED TO BE INVOLUNTARY COMMITTED, FOR WHAT PERIOD OF TIME
AND WHAT DUE PROCESS, FOR LACK OF A BETTER TERM, WILL BE UTILIZED TO
DETERMINE WHEN THAT PERIOD OF TIME SHOULD BE ENDING?
MR. PRETLOW: WELL, THE FIRST THING THEY'RE USUALLY
FOR A 72 HOUR HOLD --
MS. WALSH: YEP.
MR. PRETLOW: -- WHERE THEY CAN BE EXAMINED BY A
HEALTHCARE PROFESSIONAL, AND IF SOMETHING IS DEEMED TO BE NECESSARY
THEN THAT WOULD BE EXTENDED.
MS. WALSH: AND IS THERE ANY PERIOD OF TIME
BEYOND WHICH, YOU KNOW, YOU'D HAVE TO GO BACK FOR ANOTHER REVIEW OR
YOU'D HAVE TO HAVE A HEARING OR -- I CONFESS THAT I'VE HEARD OF A 72 HOUR
HOLD BEFORE BUT I'M NOT TOO FAMILIAR WITH HOW THIS PROGRAM WOULD
WORK.
(CONFERENCING)
MR. PRETLOW: IT WOULD EITHER BE -- I HAVE TO FIND
MY NOTES -- IT WOULD EITHER BE DETERMINED WHETHER THEY CAN BE
RELEASED AT THAT POINT OR MAYBE THEY SHOULD BE HELD FOR FURTHER
EVALUATION.
MS. WALSH: OKAY. AND IS THERE --
MR. PRETLOW: AND THAT WOULD -- THAT WOULD
REQUIRE A COURT ORDER. THAT'S NOT GOING TO BE JUST AS A POLICE OFFICER OR
311
NYS ASSEMBLY MAY 7, 2025
A HEALTHCARE PROFESSIONAL. BRING SOMEWHERE THERE. YOU WOULD HAVE
TO BRING IN A COURT ORDER TO -- TO HOLD THEM.
MS. WALSH: THANK YOU. YOU ANTICIPATED -- YOU
KIND OF ANTICIPATED MY NEXT QUESTION. WHAT -- WHAT TYPE OF JUDGE
WOULD BE HANDLING THESE TYPES OF APPLICATIONS? WOULD IT BE A
SURROGATE COURT JUDGE? AT LEAST UPSTATE THAT'S I THINK WHO WOULD BE
PROBABLY HANDLING A MATTER LIKE THAT.
MR. PRETLOW: THAT WOULD BE A CIVIL COURT JUDGE.
MS. WALSH: CIVIL COURT JUDGE, OKAY. AND WILL WE
SEE LATER, PERHAPS, IN THE BUDGET BILLS ANY KIND OF MONEY APPROPRIATION
TO SUPPORT WRAPAROUND SERVICES AS WAS MENTIONED BY A PREVIOUS
SPEAKER?
MR. PRETLOW: YES, ABSOLUTELY.
MS. WALSH: VERY GOOD. THANK YOU VERY MUCH FOR
ANSWERING THOSE QUESTIONS.
MR. PRETLOW: THANK YOU.
MS. WALSH: THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MR. RA.
MR. RA: MADAM SPEAKER, ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. RA: SO I JUST WANT TO REITERATE AND CLEAR UP A --
A FEW THINGS.
NUMBER ONE, YOU KNOW, WE TALKED ABOUT SAFETY NET
HOSPITALS. THERE'S ONLY 29 NON-PROFIT SAFETY NET HOSPITALS IN NEW YORK
312
NYS ASSEMBLY MAY 7, 2025
STATE. AND TALKING ABOUT ANY THAT ARE IN POOR CONDITION, THERE IS
NOTHING THAT HAS BEEN IN WORST CONDITION THAN SUNY DOWNSTATE, AND
WE'VE INVESTED IN THAT IN LAST YEAR'S BUDGET AND AGAIN IN THIS YEAR'S
BUDGET. NOW WE'RE APPARENTLY GIVING CAPITAL TO NASSAU UNIVERSITY
MEDICAL CENTER, WHICH -- WHICH IS GREAT, BUT IF OUR CONCERN IS THAT
THERE IS NOT A PATH TO THEM BEING SOLVENT, WHAT THEY NEED IS OPERATING
HELP. WHY ARE WE NOT DOING THAT? WHY HAVE WE FAILED TO DO THAT FOR
THE LAST COUPLE OF YEARS?
THE HOSPITAL HAS RESPONDED TO EVERYTHING, ALL THE
COMMUNICATIONS FROM THE DEPARTMENT OF HEALTH. IT IS NOT CORRECT TO
SAY THAT THEY HAVEN'T. THAT DOESN'T MEAN THE DEPARTMENT OF HEALTH
LIKED THE RESPONSE, BUT IT'S NOT TRUE THAT THEY HAVEN'T RESPONDED. WHAT
HASN'T HAPPENED IS THE HOSPITAL HAD REQUESTED MEETINGS IN WRITING TO
THE DEPARTMENT OF HEALTH, WHICH THE DEPARTMENT OF HEALTH HAS
REFUSED TO DO.
ALSO, I WANT TO POINT OUT SOMETHING THAT WE SHOULD ALL
BE AWARE OF AS WE VOTE ON THIS BILL. AND THAT'S THE FACT THAT WHAT WE
HAVE RIGHT NOW, THIS ENTITY AUTHORIZED -- DULY AUTHORIZED THROUGH THEIR
BOARD, A LAWSUIT AGAINST NEW YORK STATE CLAIMING OVER $1 BILLION THAT
THEY FEEL THEY ARE OWED THAT NEW YORK STATE WAS FOOLING AROUND WITH
PAYMENTS TO THEM. AND WE ALL KNOW WHAT'S GOING TO HAPPEN. AS SOON
AS THIS NEW BOARD COMES IN THEY'RE GOING TO TERMINATE THAT LAWSUIT. SO
THE IDEA THAT -- I MEAN THINK ABOUT THAT. WE ARE HAVING A BOARD GET
TAKEN OVER THAT HAS AUTHORIZED A LAWSUIT AGAINST THE STATE. THE STATE'S
GOING TO TAKE OVER THAT BOARD SO THEY CAN DROP THE LAWSUIT. AND WE'RE
313
NYS ASSEMBLY MAY 7, 2025
GOING TO PUT THE NASSAU INTERIM FINANCE AUTHORITY IN CHARGE OF
APPROVING THE CEO'S COMPENSATION AND BENEFITS, THE SAME NASSAU
INTERIM FINANCE AUTHORITY THAT'S SUPPOSED TO BE LOOKING OUT FOR THE
FINANCIAL INTEREST OF THE HOSPITAL, WHICH HAS ALSO TRIED TO DEFUND THIS
LAWSUIT FROM NUMC.
NOW I ALSO WANT TO TALK ABOUT WHEN WE THINK ABOUT
WHETHER THIS IS POLITICS AT PLAY. LOOK AT THE MAKEUP OF THE NEW BOARD.
THE GOVERNOR'S APPOINTMENTS, THE APPOINTMENTS LOCALLY. NOW WE
HAVE A TENDENCY TO LOOK AT THESE THINGS IN TERMS OF WHO'S CURRENTLY IN
POWER, BUT IMAGINE SOMETHING THAT'S NOT UNTHINKABLE IF IN AN ELECTION
THE COUNTY EXECUTIVE'S OFFICE WERE TO FLIP TO THE OTHER PARTY AND THE
COUNTY LEGISLATURE'S MAJORITY FLIPS TO THE OTHER PARTY. WHAT WOULD
YOU HAVE? YOU WOULD HAVE A BOARD WITH 11 MEMBERS, TEN OF WHOM
WERE APPOINTED BY ONE POLITICAL PARTY. THERE'S POLITICS AT PLAY HERE.
AND THIS BODY, AND IN PARTICULAR THE GOVERNOR, IS PLAYING POLITICS WITH
OUR SAFETY NET HOSPITAL, WITH A HOSPITAL THAT SERVED ALMOST 300,000
PEOPLE LAST YEAR THAT HAS 3,6 -- 3,500, WHATEVER IT IS, HARDWORKING
EMPLOYEES WHO GO TO WORK EVERY DAY TRYING TO PROVIDE HEALTHCARE TO
THE RESIDENTS OF NASSAU COUNTY. AND WHAT WE'RE DOING IS WRONG. IT
JEOPARDIZES THE JOBS OF THOSE INDIVIDUALS AND IT JEOPARDIZES THE
HEALTHCARE OF THE PEOPLE THAT THIS HOSPITAL SERVES. SO I HOPE THE
INTENTION IS TO PUT THE HOSPITAL ON A BETTER PATH FORWARD, BUT AS I SAID
EARLIER, THERE WAS A REPORT DONE UNDER THE PRIOR ADMINISTRATION THAT
RECOMMENDED SERIOUSLY SCALING DOWN WHAT THIS HOSPITAL WAS. IT WOULD
NO LONGER BE A HOSPITAL. IT WOULD NO LONGER BE THERE FOR THE
314
NYS ASSEMBLY MAY 7, 2025
COMMUNITY OTHER THAN A VERY LIMITED PURPOSE, AND IF YOU READ THAT
REPORT AND READ THIS PROVISION YOU WOULD SEE A LOT OF SIMILARITIES.
THEN I THINK ABOUT THE TERMS OF OFFICE. FOR SOME
REASON THE -- THE GOVERNOR NEEDS HER APPOINTEES TO HAVE LONGER INITIAL
TERMS OF OFFICE THAN THE COUNTY EXECUTIVE. THEY'RE BOTH ELECTED
OFFICIALS WHO HAVE FOUR-YEAR TERMS THEMSELVES, BUT THE APPOINTEES OF
THE COUNTY EXECUTIVE GET A TWO-YEAR TERM AND THE APPOINTEES OF THE
GOVERNOR GET A FOUR-YEAR TERM? WHAT SENSE DOES THAT MAKE? SO THERE
IS POLITICS ALL OVER THIS PROVISION OF THIS BILL. AND WE LOOK BACK IN
PRIOR ADMINISTRATIONS, THIS BODY DIDN'T SEE FIT TO DO ANYTHING REGARDING
THIS. NOW HERE WE ARE, THINK ABOUT THE POLITICS AT PLAY OF EVEN, YOU
KNOW, THE COUNTY EXECUTIVE WHO HAS MAYBE AN INTEREST IN CHALLENGING
THE GOVERNOR. SO THIS IS A COMPLETE POLITICAL POWER-PLAY BY THE
GOVERNOR BECAUSE ONE PARTY CONTROLS ALBANY SO THIS ISN'T BEING DONE TO
HELP THE RESIDENTS OF NASSAU COUNTY. THIS ISN'T BEING DONE TO HELP
THOSE WHO NEED HEALTHCARE. THIS IS BEING DONE BECAUSE THE GOVERNOR
CAN DO IT. BECAUSE SHE'S IN CHARGE. AND SHE WANTS TO TAKE OVER THIS --
THIS HOSPITAL BOARD.
IT'S UNFORTUNATE THAT I HAVE TO LOOK AT THIS ACTION
THROUGH THAT LENS, AND I WANT TO REMIND EVERYBODY AS WE WENT THROUGH
THIS BUDGET PROCESS WE KEPT TALKING ABOUT THINGS THAT SHOULD OR
SHOULDN'T BE IN THE BUDGET. HEALTHCARE FOR 300,000 PEOPLE HASHED OUT
BEHIND CLOSED DOORS, NO TRANSPARENCY. THESE PROVISIONS JUST BECAME
PUBLIC WITHIN THE LAST 24 HOURS. WHY AREN'T WE ADDRESSING THIS OUTSIDE
THE BUDGET IF THERE'S SUCH A NEED? WHY AREN'T WE HAVING A HEARING?
315
NYS ASSEMBLY MAY 7, 2025
WHY AREN'T WE -- WHY AREN'T WE GIVING OURSELVES THE OPPORTUNITY TO
SPEAK TO INDIVIDUALS ABOUT -- ABOUT THIS HOSPITAL? NOW I WANT TO ALSO
REMIND EVERYBODY, WE CAN TALK ALL WE WANT ABOUT THE PREVIOUSLY FIRED
CHAIRMAN. THE CURRENT CHAIRMAN OF THE BOARD IS OUR HEALTH
COMMISSIONER. THIS IS AN INDIVIDUAL WHO HAS BEEN APPROVED BY NEW
YORK STATE ON THREE SEPARATE OCCASIONS TO BE HEALTH COMMISSIONER IN
DIFFERENT PARTS OF THIS STATE. I CAN'T IMAGINE THERE'S ANYBODY MORE
QUALIFIED THAT THE GOVERNOR COULD MAKE THE CHAIR OF THIS BOARD. AND I
ALSO LOOK AT WHO THE GOVERNOR'S APPOINTMENTS -- THE GOVERNOR HAS
APPOINTMENTS TO THE CURRENT BOARD. TWO OF THEM ARE JUST FAILED
DEMOCRATIC POLITICAL CANDIDATES. DO THEY HAVE SOME GREAT ABILITY TO
IMPROVE THE HEALTHCARE OF NASSAU COUNTY RESIDENTS? I -- I HAVE NO
REASON TO -- TO THINK THEY DO, SO WE SHOULDN'T BE TAKING THIS TYPE OF
ACTION IN THIS BILL, BUT -- BUT WHAT BOTHERS ME MORE IS WE'RE NOT TREATING
NASSAU COUNTY AND NASSAU COUNTY MEDICAL CENTER THE WAY WE HAVE
TREATED OTHER HOSPITALS THROUGHOUT THE STATE. WE'RE NOT. WE HAVEN'T
GIVEN THEM THE SUPPORT AND NOW WE'RE USING THE EXCUSE THAT THEY'RE
FAILING AND WE HAVE TO COME AND TAKE THEM OVER. YET, WHEN OTHER
HOSPITALS HAVE BEEN IN NEED, WE'VE GIVEN THEM FUNDING, BOTH CAPITAL
AND OPERATING TO SET THEM ON A BETTER PATH FORWARD. WE'VE NEVER BEEN
WILLING TO DO THAT WITH -- WITH OUR SAFETY NET HOSPITAL IN NASSAU
COUNTY.
SO I ASK MY COLLEAGUES TO REALLY THINK ABOUT THE FACT
THAT YOUR SAFETY NET HOSPITAL MAY BE NEXT. NOW I -- I WOULD SAY IF
YOU'RE IN A COUNTY THAT IS DEMOCRATIC CONTROLLED YOU'RE PROBABLY OKAY.
316
NYS ASSEMBLY MAY 7, 2025
BUT THIS IS A POLITICAL ACTION BY THE EXECUTIVE AND THE -- WE SHOULD BE
ASHAMED OF OURSELVES THAT WE'RE PUTTING THIS IN THE BUDGET AND
IMPACTING HUNDREDS OF THOUSANDS OF PEOPLE AND THOUSANDS OF PEOPLE'S
JOBS ON LANGUAGE THAT IF WE -- WE DO EVERYTHING DIGITALLY NOW, BUT IF
WE PRINTED THIS BILL OUT, THE INK WOULDN'T BE DRY YET. YET WE'RE GOING
TO TAKE THIS ACTION TODAY.
SO I WILL BE VOTING IN THE NEGATIVE ON THIS BILL. AND I
WISH I COULD VOTE IN THE NEGATIVE MULTIPLE TIMES ON THIS BILL BECAUSE IT
IS NOT WHAT'S IN THE BEST INTEREST OF THE RESIDENTS OF NASSAU COUNTY.
THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
MR. ARI BROWN.
MR. A. BROWN: THANK YOU, MADAM SPEAKER. WILL
THE SPONSOR YIELD?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MR. PRETLOW: YES.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MR. A. BROWN: THANK YOU, MR. CHAIRMAN.
THE QUESTION'S BEEN ASKED SEVERAL TIMES BUT I THINK IT
WILL TAKE YOUR EXPERTISE AS THE CHAIRMAN OF WAYS AND MEANS BECAUSE
MY QUESTION IS SIMPLY A MATTER OF MATH OF FINANCES THAT ONLY YOU COULD
POSSIBLY ANSWER SO I'LL TRY TO ASK IT IN A DIFFERENT WAY BECAUSE I HAVE
YET TO HEAR THE ANSWER TO THIS QUESTION.
THE STATE SYSTEMATICALLY WITHHELD THE MATCHING
317
NYS ASSEMBLY MAY 7, 2025
MEDICAID FUNDS SPECIFICALLY UNDER THE DISPROPORTIONATE SHARE HOSPITAL
AND UPPER PAYMENT LIMIT PROGRAMS, I THINK THAT'S VERY CLEAR. THE SHARE
-- SO BASICALLY, IN SIMPLE TERMS, THE STATE OWES NUMC APPROXIMATELY
$1.06 BILLION, SOME WILL SAY WITH SOME OTHER MATH ALMOST $2 BILLION.
WHY SPECIFICALLY WAS THIS MONEY HELD ALL THIS TIME? IT'S JUST A MATH
QUESTION. WE DON'T NEED ANYBODY ELSE ANSWERING THE QUESTION.
MR. PRETLOW: WELL, THE STATE DOESN'T PAY THE
FEDERAL PORTION.
MR. A. BROWN: AS A MATTER OF FACT --
MR. PRETLOW: I'M SORRY. THE NON-FEDERAL
PORTION.
MR. A. BROWN: UNDER THE DSH AND THE UPL
PROGRAMS, ALL THE OTHER HOSPITALS GET THEIR SHARE AND THEY'VE BEEN
DENIED OVER THE PAST TWO DECADES. WHY IS THIS HOSPITAL SO UNIQUE?
AND AGAIN, IT'S JUST -- IT'S JUST A MATH QUESTION. IT HAS TO DO WITH WAYS
AND MEANS. YOU GUYS FIGURE THIS OUT ALL THE TIME.
MR. PRETLOW: I THINK THAT WHAT'S HAPPENING IS THE
HOSPITAL HAS NOT BEEN COMPLYING WITH WHAT THEY WERE SUPPOSED TO BE
PAYING, AND THEY WERE NOT ACCEPTING THE HELP THAT THE STATE WAS
OFFERING AND THIS BEGAN TO GROW. I THINK -- I BELIEVE THEY'RE DEVELOPING
A DEFICIT NOW -- OVER $40 MILLION A MONTH OR --
(CONFERENCING)
-- $100 MILLION.
MR. A. BROWN: THANK YOU, CHAIR, FOR THAT ANSWER.
BUT I ASK: WE'RE NOT TALKING ABOUT $1 MILLION OR A -- OR $100 MILLION.
318
NYS ASSEMBLY MAY 7, 2025
DO YOU NOT THINK THAT BETWEEN 1- AND $2 BILLION WOULD KIND OF SOLVE
THIS PROBLEM IF THE STATE DIDN'T WITHHOLD THAT MONEY? WE'RE NOT
TALKING ABOUT A FEW DOLLARS, EVEN THE MONEYS THAT YOU HAD MENTIONED.
I THINK WHAT WE ALL KNOW --
MR. PRETLOW: WE'RE NOT WITHHOLDING ANY MONEY.
MR. A. BROWN: YOU ACTUALLY ARE, BETWEEN 1 --
1.06 AND $2 BILLION OVER THE LAST TWO DECADES. THAT'S A FACT. YOU
KNOW THAT. YOU'RE THE CHAIR OF WAYS AND MEANS. MR. CHAIRMAN,
WE'RE OF THAT CERTAIN AGE WHERE WE CAN LOOK EACH OTHER IN OUR EYES AND
WE KNOW WHEN ONE OF US IS BEING HONEST ABOUT THE SITUATION, WE KNOW,
THEY KNOW IT. WHY THE ONE -- THE $2 BILLION?
MR. PRETLOW: WE DO NOT AGREE WITH THAT NUMBER.
I DO NOT BELIEVE IT'S --
MR. A. BROWN: LET'S GO ON TO A DIFFERENT QUESTION.
IS IT NOT TRUE THAT IN YOUR CONFERENCE THERE WERE DISCUSSIONS AMONG
YOUR COLLEAGUES THAT ONE OF THE MAIN REASONS, BECAUSE THEY CAME TO ME
AND TOLD ME, THAT ONE OF THE MAIN REASONS WHY THEY WANTED TO TAKE
OVER THE HOSPITAL IS BECAUSE OF THE THOUSANDS OF JOBS THAT IN A HEAVILY
REPUBLICAN AREA, NOW THAT THEY CAN GIVE OUT THESE PARTICULAR JOBS?
MR. PRETLOW: I WOULD NEVER --
MR. A. BROWN: -- YOU CAN SAY THEY KNOW.
MR. PRETLOW: I WAS NOT PARTY TO ANY CONVERSATION
LIKE THAT.
MR. A. BROWN: WELL, YOUR COLLEAGUES HAD
MENTIONED THAT TO ME IN A GREAT --
319
NYS ASSEMBLY MAY 7, 2025
MR. PRETLOW: I HAVE NO IDEA WHO THAT WOULD BE.
MR. A. BROWN: THANK YOU, MR. CHAIRMAN. I
APPRECIATE YOUR FORTHRIGHTNESS. THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MR. MOLITOR.
MR. MOLITOR: THANK YOU. WILL THE SPONSOR
YIELD?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MR. PRETLOW: YES.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MR. MOLITOR: THIS IS MY FIRST ALBANY AFTER DARK
SESSION.
MR. PRETLOW: BE PREPARED FOR MANY MORE.
MR. MOLITOR: MR. PRETLOW, MY QUESTIONS ARE
ABOUT PART P AND PART JJ, AND I THINK MS. PAULIN IS --
MR. PRETLOW: YES. I'LL REFER THOSE -- I YIELD TO
MS. PAULIN ON BOTH OF THOSE.
MR. MOLITOR: THANK YOU. LET'S START WITH PART P.
MS. PAULIN: OKAY.
MR. MOLITOR: I JUST WANT TO MAKE SURE I
UNDERSTAND THE -- THE SECTION. IF -- IF SOMEONE COMES TO A HOSPITAL,
GENERAL HOSPITAL, WITH A PREGNANCY AND THEY'RE HAVING AN EMERGENCY,
THIS BILL WOULD REQUIRE THAT HOSPITAL TO STABILIZE THAT PERSON AND
PROVIDE THEM TREATMENT AND WOULD PREVENT THEIR TRANSFER TO ANY OTHER
320
NYS ASSEMBLY MAY 7, 2025
HOSPITAL WITHOUT THEIR CONSENT; IS THAT CORRECT?
MS. PAULIN: YES.
MR. MOLITOR: AND SO IF THAT PERSON THEN WAS
STABILIZED BUT THEN REQUESTED AN ABORTION, THAT HOSPITAL WOULD HAVE TO
PROVIDE THE ABORTION; IS THAT CORRECT?
MS. PAULIN: THEY WOULD PROVIDE IT IF IT WAS PART OF
THE STABILIZATION. THEY WOULD BE REQUIRED TO DO THAT, BUT IF IT WAS NOT
PART OF THE STABILIZATION, THEY -- THEY WOULDN'T BE AS OBLIGATED, NO.
MR. MOLITOR: SO IF THE HOSPITAL STABILIZED THAT
PERSON AND THEN THERE WAS NO LONGER AN EMERGENCY SITUATION, THEY
WOULD JUST DISCHARGE THAT PERSON, RIGHT? THEY WOULDN'T HAVE TO
PERFORM ANY ADDITIONAL MEDICAL SERVICES UNDER THIS BILL?
MS. PAULIN: RIGHT. THAT'S CORRECT.
MR. MOLITOR: BUT IF THERE WAS AN EMERGENCY AND
THE PATIENT REQUESTED AN ABORTION, THE HOSPITAL WOULD HAVE TO PROVIDE
THE ABORTION, WOULDN'T THEY?
MS. PAULIN: WELL, I DON'T KNOW WHAT YOU MEAN
EXACTLY BECAUSE IF SOMEBODY HAD AN EMERGENCY AND THEY WERE
PREGNANT, YOU KNOW, HIGH BLOOD PRESSURE OR, YOU KNOW, ANOTHER --
SOMETHING ELSE THAT WAS GOING ON, AND TO STABILIZE THAT PATIENT THEY
NEEDED TO HAVE AN ABORTION, THEY WOULD -- THE HOSPITAL WOULD BE
OBLIGATED TO DO THAT. IF THE ABORTION WASN'T PART OF THE STABILIZATION AND
THE HEALTH, YOU KNOW, TO MAINTAIN THE HEALTH OF THE MOM, THEN THAT'S
SOMETHING ELSE, YOU KNOW, IT'S NOT PART OF THIS BILL.
MR. MOLITOR: OKAY. AND I JUST WANT TO MAKE
321
NYS ASSEMBLY MAY 7, 2025
SURE -- YOU KNOW, I JUST WANT TO CLARIFY WHERE MY QUESTION'S COMING
FROM AND CORRECT ME IF I'M WRONG OR IF I'M RIGHT AND YOU AGREE WITH
ME. THIS BILL WOULDN'T FORCE LIKE A CATHOLIC HOSPITAL TO PERFORM
ABORTIONS, WOULD IT?
MS. PAULIN: IT'S -- IT DOESN'T CHANGE ANYTHING THAT'S
-- THAT'S NOT HAPPENING ALREADY. IF -- YOU KNOW, BECAUSE WE'RE
CODIFYING FEDERAL LAW, SO THOSE -- ALL HOSPITALS REGARDLESS OF WHETHER
THEY'RE CATHOLIC HOSPITALS OR ANOTHER RELIGIOUS HOSPITAL OR WHETHER
THEY'RE A SECULAR HOSPITAL, ALL OPERATE UNDER FEDERAL LAW, WHICH
REQUIRES THEM TO STABILIZE A PREGNANT PERSON OR ANYBODY COMING IN FOR
ANY CONDITION.
MR. MOLITOR: OKAY. AND HOW MUCH, HOW MUCH
MONEY IS ALLOCATED IN THE STATE BUDGET FOR PART P?
MS. PAULIN: THERE'S NO ADDITIONAL MONEY FOR PART
P.
MR. MOLITOR: OKAY. IS THERE -- ARE WE RENEWING
AN AMOUNT OF MONEY FROM A PREVIOUS BUDGET FOR PART P?
MS. PAULIN: NO, BECAUSE IT'S NOT A CHANGE IN THE
WAY THE HOSPITALS OPERATE NOW.
MR. MOLITOR: OKAY. AND THERE'S NOTHING IN PART
P THAT ALLOCATES WHERE LIKE MONEY COMING FROM ANOTHER PART OF THE
BUDGET FOR THIS PARTICULAR PROVISION TO BE APPLIED?
MS. PAULIN: NO.
MR. MOLITOR: OKAY. AND THERE'S NOTHING IN HERE
THAT INDICATES WHEN THE STATE NEEDS TO APPROPRIATE MONEY FOR THIS
322
NYS ASSEMBLY MAY 7, 2025
PARTICULAR SECTION?
MS. PAULIN: NO.
MR. MOLITOR: OKAY. SO I GUESS MY NEXT QUESTION
IS, HOW IS THIS PROVISION IN COMPLIANCE WITH THE NEW YORK STATE
CONSTITUTION? DOESN'T THIS VIOLATE ARTICLE VII -- ARTICLE VI AND ARTICLE
VII -- OR I'M SORRY. ARTICLE VII, SECTION VI AND VII OF THE NEW YORK
CONSTITUTION?
MS. PAULIN: I THINK YOU HAVE TO TELL ME WHAT THOSE
ARE, BUT I KNOW IT DOESN'T VIOLATE ANY PART OF THE CONSTITUTION SO I CAN
SAY THAT WITH ASSURITY, BUT I DON'T KNOW WHICH YOUR PARTS YOU'RE
REFERRING TO.
MR. MOLITOR: WELL, ARTICLE VII HAS TO DO WITH
STATE FINANCES, RIGHT? AND THOSE PARTICULAR SECTIONS SPECIFICALLY STATE
THAT APPROPRIATION BILLS HAVE TO BE ABOUT APPROPRIATIONS, ABOUT
ALLOCATING MONEY. BUT AS YOU'VE JUST ADMITTED THIS PART P IS PURE
POLICY.
MS. PAULIN: YES. IN FACT THE GOVERNOR PUT IT IN
HER BUDGET AS PURE POLICY AND THIS IS A REVISION OF WHAT SHE'S PUT IN, BUT
SHE HAD PUT IT IN HER EXECUTIVE BUDGET TO BEGIN WITH.
MR. MOLITOR: WELL -- BUT ISN'T IT UNCONSTITUTIONAL
FOR US TO HAVE POLICY IN APPROPRIATION BILLS?
MS. PAULIN: WELL, THIS ISN'T AN APPROPRIATION BILL.
IT'S AN ARTICLE VII BILL.
MR. MOLITOR: OKAY. I JUST CITED ARTICLE VII TO
YOU. OKAY. GOING TO PART JJ --
323
NYS ASSEMBLY MAY 7, 2025
MS. PAULIN: YUP.
MR. MOLITOR: THAT -- I'LL START WITH THE SAME
QUESTIONS FOR PART JJ, HOW MUCH -- HOW MUCH MONEY IS BEING
ALLOCATED IN THE BUDGET FOR THE IMPLEMENTATION OF THIS PARTICULAR
SECTION?
MS. PAULIN: NO -- NO MONEY. IT'S THE SAME. IT'S A
POLICY ISSUE.
MR. MOLITOR: AND WE'RE NOT ALLOCATING MONEY
FROM ANY OTHER PART OF THE BUDGET FOR THIS PARTICULAR -- FOR PART JJ?
MS. PAULIN: NO. THE SENATE HAD PUT IN THIS
LANGUAGE SO THERE WAS THREE-WAY AGREEMENT ON THE LANGUAGE, BUT IT
WAS PURE POLICY AGAIN.
MR. MOLITOR: OKAY. NOW IN PART JJ IT CHANGES --
IT CHANGES THE DEFINITION OF -- IT REMOVE FETUS FROM -- FROM THE -- FROM
THE STATUTE, RIGHT?
MS. PAULIN: MM-HMM.
MR. MOLITOR: AND IT ADDS -- LET ME GET THE EXACT
LANGUAGE HERE. IT -- IT CHANGES FETUS TO PRODUCTS OF CONCEPTION. CAN
YOU TELL ME WHAT IS A PRODUCT OF CONCEPTION?
MS. PAULIN: CAN YOU SHOW ME WHERE YOU'RE
REFERRING SO THAT I CAN BE MORE --
MR. MOLITOR: YEAH. I'M LOOKING -- THIS IS PART JJ,
LINE -- SECTION 3, WHICH IS LINE 29 THROUGH 38. IT'S RIGHT AT LINE 33.
MS. PAULIN: LINE 33. LET'S SEE. (READING) SO IF
THE INDIVIDUAL EXPERIENCING THE PREGNANCY LOSS REQUESTS A REGISTRATION
324
NYS ASSEMBLY MAY 7, 2025
TO FACILITATE DISPOSITION OF THE PRODUCTS OF CONCEPTION -- I'M TOLD BY MY
VERY ABLE CENTRAL STAFF PERSON HERE THAT PRODUCTS OF CONCEPTION IS
ALREADY IN THE LAW, BUT, YOU KNOW, WE DO -- YOU KNOW, EARLIER, YOU
KNOW, WE'RE REALLY TALKING ABOUT, YOU KNOW, STILLBIRTH, MISCARRIAGE AND,
YOU KNOW, TERMINATION OF A PREGNANCY THROUGH AN ABORTION. SO, YOU
KNOW, I GUESS ANOTHER PRODUCT OF CONCEPTION WOULD BE THE ACTUAL BIRTH,
RIGHT? BUT OTHERWISE I CAN'T THINK OF ANOTHER OUTCOME.
MR. MOLITOR: OKAY. THOSE ARE ALL THE QUESTIONS I
HAD. THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
MR. GANDOLFO.
MR. GANDOLFO: THANK YOU, MADAM SPEAKER. I
WOULD ASK THE CHAIR TO YIELD. I HAVE A BRIEF QUESTION ABOUT NUMC. I
DON'T KNOW IF HE WANTS TO THEN YIELD HIS TIME TO OUR OTHER COLLEAGUE
OVER THERE. I DON'T KNOW IF YOU WANT TO SKIP A STEP --
MR. PRETLOW: I -- I WILL YIELD MY TIME TO MR.
LAVINE.
MR. GANDOLFO: OKAY. SO I'M A SUFFOLK COUNTY
GUY SO I'M A LITTLE REMOVED FROM THE SITUATION HERE, BUT I JUST HAVE A
COUPLE OF QUICK QUESTIONS REGARDING THE SITUATION WITH NUMC.
SO IT IS THE CASE THAT NUMC HAS FILED A $1 BILLION
LAWSUIT AGAINST NEW YORK STATE OVER THE CLAIM OF WITHHELD MEDICAID
FUNDS?
MR. LAVINE: YES, AND THE COUNTY LEGISLATURE
AUTHORIZED A LOT OF MONEY TO BE SPENT AT A VERY ELEGANT -- WITH A VERY
325
NYS ASSEMBLY MAY 7, 2025
ELEGANT LAW FIRM TO BRING THAT LAWSUIT.
MR. GANDOLFO: OKAY. SO THAT LAWSUIT IS STILL
PENDING? IT HAS NOT YET BEEN RESOLVED?
MR. LAVINE: IT IS -- I'M NOT EVEN SURE IT'S ACTUALLY
BEEN FILED. WE RECEIVED A LETTER A COUPLE OF DAYS AGO TO THE EFFECT THAT
IT WAS GOING TO BE FILED AND, MR. GANDOLFO, EVEN THOUGH YOU ARE IN
SUFFOLK COUNTY, THE DISTRICT I REPRESENT IS RIGHT NEXT TO SUFFOLK COUNTY
AND YOU AND I HAVE WORKED IN THE PAST ON SOME ISSUES THAT WERE OF
IMPORTANCE TO SUFFOLK COUNTY. AND GIVEN THAT NUMC IS THE SAFETY
NET HOSPITAL, IT IS CRITICALLY IMPORTANT TO PEOPLE IN NASSAU COUNTY AND
CRITICALLY IMPORTANT TO PEOPLE AS WELL IN SUFFOLK COUNTY.
MR. GANDOLFO: OH, YEAH. THERE'S A LOT OF ISSUES
THAT ARE OF IMPORTANCE TO BOTH COUNTIES. WE ARE A REGION.
SO IT IS MY UNDERSTANDING THAT THE LAWSUIT WAS FILED
AND MY QUESTION IS: DOES THE BOARD OF DIRECTORS OF NUMC HAVE THE
AUTHORITY CURRENTLY TO WITHDRAW THAT LAWSUIT?
MR. LAVINE: I CAN -- I CAN ONLY GUESS THE ANSWER
TO THAT IS YES.
MR. GANDOLFO: OKAY. SO THEN PRESUMABLY THE
NEW COMPOSITION OF THE NEW BOARD WOULD ALSO HAVE THE AUTHORITY TO
WITHDRAW THAT LAWSUIT?
MR. LAVINE: ESPECIALLY IF IT'S A SPECIOUS PIECE OF
LITIGATION.
MR. GANDOLFO: OKAY. SO THEY COULD WITHDRAW.
THANK YOU. THOSE ARE MY ONLY QUESTIONS, MADAM SPEAKER.
326
NYS ASSEMBLY MAY 7, 2025
ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. GANDOLFO: MADAM SPEAKER, IT JUST SEEMS A
LITTLE INTERESTING THAT AFTER NUMC FILED A $1 BILLION LAWSUIT AGAINST THE
STATE, THE STATE IS NOW TAKING THE STEP OF REWORKING THE BOARD OF
DIRECTORS TO MAKE IT UNDER THE CONTROL OF THE GOVERNOR AND THE
MAJORITIES HERE WHICH ARE DEMOCRAT RUN, WE ALL KNOW THAT. AND IT
KIND OF SEEMS FROM AN OUTSIDER LOOKING IN THAT THEIR INTENTION WOULD
BE TO WITHDRAW THAT LAWSUIT AND POTENTIALLY SAVE THEMSELVES FROM $1
BILLION JUDGMENT. WE KEEP HEARING THAT IT HAS BEEN POORLY RUN AND
THAT PRESUMABLY I GUESS A STATE RUN SYSTEM HERE WOULD BE BETTER, BUT
LOOKING AT SUNY DOWNSTATE THAT IS RUN BY THE STATE. THAT HAS RUN
ANNUAL DEFICITS TO THE TUNE OF $100 MILLION EVERY SINGLE YEAR, WHICH I
GET IT. IT'S A SAFETY NET HOSPITAL. THEY SERVE A LOT OF LOWER INCOME
COMMUNITIES THAT DON'T ALWAYS HAVE THE ABILITY TO PAY. BUT THE
DIFFERENCE HERE IS DOWNSTATE HAS BEEN TREATED TOTALLY DIFFERENTLY. THEY
RECEIVED 100 MILLION IN OPERATING FUNDS LAST YEAR. THIS YEAR THE
GOVERNOR ANNOUNCED A COMMITMENT OF ANOTHER 200 MILLION IN
OPERATING FUNDS, AND IF WE THINK THAT THE STATE CAN RUN IT BETTER, ONE, I
THINK THE GOVERNOR'S APPROVAL RATINGS WOULD BE HIGHER, BUT, TWO, WE
JUST HAVE TO TAKE A LOOK DOWN MEMORY LANE OF WHAT HAS HAPPENED AT
SUNY DOWNSTATE.
IN 2024 THE SUNY DOWNSTATE CEO RESIGNED AMID
ALLEGATIONS OF UNETHICAL CONDUCT, AND ALSO IN 2024 THEIR CHAIR OF
EMERGENCY MEDICINE WAS INDICTED FOR ALLEGEDLY STEALING $1.5 BILLION
327
NYS ASSEMBLY MAY 7, 2025
FROM THE HOSPITAL. SO THE NOTION THAT THE STATE IS GOING TO TAKE THIS
OVER AND IT'S GOING TO BE SUNSHINE AND RAINBOWS AND EVERYTHING WILL BE
OKAY IS -- IS JUST LAUGHABLE. IT'S CLEARLY A POLITICAL MOVE AGAINST A
POTENTIAL POLITICAL RIVAL. MANY PEOPLE ARE SAYING THAT COUNTY
EXECUTIVE BLAKEMAN WILL EMERGE AS A TOP CONTENDER TO RUN FOR
GOVERNOR AGAINST KATHY HOCHUL. THAT MIGHT BE TRUE. THERE'S OTHERS
WHO ARE INTERESTED, AS WE ALL READ THE REPORTS. BUT IT -- IT'S JUST SHAPING
UP TO LOOK LIKE A POLITICAL HIT JOB AGAINST A RIVAL BEFORE A CAMPAIGN
EVEN GETS STARTED.
I WILL BE VOTING NO ON THIS BUDGET BILL. I -- I -- THIS IS
NOT THE FIRST TIME I'VE SEEN THIS BODY AND THIS STATE GOVERNMENT TAKE
THESE POLITICAL ACTIONS AGAINST NASSAU COUNTY IN PARTICULAR. IT'S KIND OF
CURIOUS TO ME, SO I -- I JUST CAN'T SUPPORT THE BILL.
THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MADAM
SPEAKER.
ON THE BILL.
THERE ARE JUST A FEW THINGS HERE THAT BRING SOME
CONCERN TO ME, AND I WILL MENTION THE -- THE CARE OF THE MENTALLY ILL
WHO, IN MANY CASES, REALLY NEED MORE HELP THAN WHAT WE'RE BEING
PROVIDED FOR IN THIS LEGISLATION. SO IT'S INVOLUNTARY, BUT I THINK THAT
THEIR HEALTH IS MORE IMPORTANT THAN THE HEALTH OF THE PEOPLE THAT WE'RE
TRYING TO PROTECT. THE SAFETY OF THE PEOPLE THAT WE'RE TRYING TO PROTECT.
328
NYS ASSEMBLY MAY 7, 2025
THESE ARE PEOPLE WHO HAVE HAD ISSUES FOR QUITE A WHILE THAT WE HAVE
NOT NECESSARILY DEALT WITH AS A SOCIETY, AND I JUST HOPE THAT AT THE END
OF THE DAY THAT THE SERVICE THAT THEY GET WILL COME FROM QUALIFIED
MENTAL HEALTH PEOPLE AS WELL AS EFFECTIVE LAW ENFORCEMENT. I'VE SEEN
THESE THINGS WORK IN THE GREAT CITY OF BUFFALO WHERE A PARENT ACTUALLY
CALLED BECAUSE THEY KNEW THAT THEIR SON WAS OUT OF CONTROL AND DOING
SOME THINGS IN A BUSINESS THAT HE SHOULDN'T BE DOING. AND NOT ONLY DID
THE POLICE SHOW UP BUT SO DID THE CRISIS MENTAL HEALTH WORKERS, AND
THAT AVERTED THIS YOUNG MAN FROM HURTING SOMEBODY THAT HE WOULD
HAVE HURT. AND SO I HOPE THAT WE'RE SETTING UP A SYSTEM THAT LOOKS LIKE
THAT, AND NOT A SYSTEM THAT JUST PICKS PEOPLE UP AND TAKES THEM PLACES
WHERE THEY SHOULD NOT BE, WHERE THEY DON'T KNOW WHERE THEY'RE AT,
THEY DON'T UNDERSTAND WHAT'S GOING ON.
AND SO I -- I REALLY HOPE THAT WE'RE GONNA DO THIS
RIGHT. I WAS NOT AROUND YEARS AGO WHEN SOCIETY DECIDED THAT PEOPLE
WHO WERE SEVERELY MENTAL [SIC] ILL SHOULD BE MORE IN THE COMMUNITY
AS OPPOSED TO INSTITUTIONALIZED. I WAS NOT AROUND, SO I DON'T KNOW WHY
THAT DECISION WAS MADE. BUT I DO KNOW THAT THERE ARE A LOT OF PEOPLE
WHO HAVE SERIOUS MENTAL HEALTH PROBLEMS THAT SHOULD NOT BE IN
COMMUNITIES AT TIMES WHEN THEY CANNOT CONTROL THEIR BEHAVIOR. NOT
JUST FOR THEIR HEALTH AND SAFETY, BUT FOR THE HEALTH AND SAFETY OF THE
PEOPLE WHO LIVE IN AND AROUND THEM. AND SO I WILL WATCH THAT VERY
CLOSELY.
SECONDLY, I WILL SAY I -- I -- I LISTENED TO THE DEBATE
ABOUT THE SAFETY NET HOSPITAL, AND I KNOW THAT MOST SAFETY NET HOSPITALS
329
NYS ASSEMBLY MAY 7, 2025
ARE CHALLENGED. THERE IS NO QUESTION. BUT I DON'T KNOW THAT ALL OF
THEM END UP ON A CONSISTENT LIST OF THE CENTER FOR MEDICAID -- MEDICAL
SERVICES WITH ONE STAR OUT OF FIVE. AND I DON'T KNOW THAT ALL OF THEM
END UP WITH A PATIENT BASE THAT THESE ARE VERY ELDERLY OR VERY BLACK
AND VERY BROWN, WHO LITERALLY RATES THEM ONE STAR OUT OF FIVE AS WELL.
SO I CAN IMAGINE, BECAUSE WE ARE IN A POLITICAL ENVIRONMENT, THAT
PEOPLE ARE GONNA FIND WAYS TO MAKE ALL OF THIS ABOUT POLITICS. BUT IT
REALLY COULD BE ABOUT THE HEALTH OF THE PEOPLE WHO GO THERE ON A
REGULAR BASIS, AND THAT THERE NEEDS TO BE SOME CHANGES IN THAT. NOW,
DOES -- IS THAT GONNA COST MONEY? IT ABSOLUTELY IS GOING TO COST
MONEY. AND SO IF THERE IS NOT ENOUGH IN THIS BUDGET, THEN WE NEED TO
START TRYING TO FIGURE OUT HOW WE GET ENOUGH IN THE BUDGET. BUT WHAT
YOU DON'T WANT TO DO IS PUT ADDITIONAL RESOURCES INTO A PLACE WHERE THE
PEOPLE WHO ARE IN CHARGE OF MANAGING IT DON'T HAVE THE CAPACITY TO
MANAGE IT PROPERLY.
SO LET'S TRY SOMETHING DIFFERENT AND SEE FOR THE
HUNDREDS OF THOUSANDS OF PATIENTS WHO NEED TO GET SERVICE FROM THIS
HOSPITAL HAVE THAT OPPORTUNITY TO GET A QUALITY SERVICE WHERE PEOPLE --
AND THE WORKERS ARE MANAGED IN A WAY, THE FINANCES ARE MANAGED IN A
WAY THAT THEY NOT ONLY GET GOOD SERVICE, BUT THEY START RATING THE
SERVICE THAT THEY GET MORE THAN ONE OUT OF FIVE.
WITH THAT, I LOOK FORWARD TO VOTING FOR THIS PIECE OF
LEGISLATION. I'M GLAD THAT WE'VE HAD THIS CONVERSATION. I THINK IT'S
CRITICALLY IMPORTANT. BUT I THINK WHEN WE HAVE THE OPPORTUNITY TO SEE
WHAT THIS COULD BRING AS A RESULT FOR THE PEOPLE WHO NEED THE SERVICE,
330
NYS ASSEMBLY MAY 7, 2025
WE WILL BE PLEASED FOR THEM. WE WON'T NECESSARILY THINK THAT
EVERYTHING ABOUT THIS IS ABOUT POLITICS. AND I KNOW WE WORK IN A
POLITICAL ENVIRONMENT, WE ALL GOT ELECTED BASED ON THIS. BUT AT THE END
OF THE DAY, OUR BIGGEST CONCERN SHOULD BE ABOUT THE PEOPLE WHO WALK
INTO THE PLACE TO GET HEALTHCARE AND CAN'T -- DON'T HAVE ANYWHERE ELSE TO
WALK INTO. BECAUSE AS WAS SAID, THERE'S NO URGENT CARES IN THE
NEIGHBORHOOD THAT ARE GONNA TAKE CARE OF THEM. THEY NEED -- THEY
HAVE TO GO TO THIS HOSPITAL. AND SO I THINK IT'S INCUMBENT UPON US TO
TRY TO DO WHAT IS NECESSARY TO GET IT INTO A BETTER POSITION WHERE IT'S
PROPERLY MANAGED.
THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
MR. BURROUGHS.
MR. BURROUGHS: THANK YOU. I JUST WANTED TO
SPEAK ON NUMC AND --
ACTING SPEAKER HUNTER: ARE YOU ON THE BILL,
SIR?
MR. BURROUGHS: I'M ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. BURROUGHS: AND BEING A MEMBER WHO
REPRESENTS A LARGE BASE THAT USE THAT HOSPITAL, NUMC HAS BEEN SEVERELY
MISMANAGED FOR DECADES. AND THE FACT THAT, YOU KNOW, WE'RE HERE
DEBATING WHETHER IT'S -- IT'S CONSIDERED A STATE TAKEOVER OR NOT, I THINK
IT DOES A DISSERVICE TO THE PEOPLE IN MY DISTRICT SPECIFICALLY. AND
HAVING PEOPLE THAT ARE ACTUALLY IN THAT HOSPITAL THAT SERVICE IT AND FROM
331
NYS ASSEMBLY MAY 7, 2025
THE INSIDE OUT THEY CAN SEE THE NEGATIVE WAY -- WAY WHICH OF THIS
HOSPITAL WAS OPERATED. AND SO YOU SPEAK ABOUT THE COUNTY EXECUTIVE
AND YOU SPEAK ABOUT IT BEING A POLITICAL MOVE. AT WHAT POINT WOULD
YOU SAY WE CONTINUE TO ALLOW THE HOSPITAL TO BE MISMANAGED THIS WAY?
AND SO YOU MAY CALL IT A HOSPITAL TAKEOVER, BUT I THINK WE JUST CALL IT
FIGURING OUT A WAY TO OPERATE THAT HOSPITAL IN A WAY THAT WORKS
FUNCTIONAL.
SO THE GOVERNOR'S COME UP WITH SOME SUGGESTIONS. I
FULLY SUPPORT THOSE SUGGESTIONS. AND I THINK THAT WHEN YOU HAVE A
BASE AND THEY ARE CONSTANTLY AFRAID OF HOW THE HOSPITAL IS MANAGED,
WHEN YOU HAVE INDIVIDUALS THAT ARE THE CEO, THEY COME UP TO THE
STATE AND THEY ASK US FOR FUNDING, BUT THEY DON'T SHOW US TRANSPARENCY
ON HOW THEY HAVE SPENT MONEY OR WHERE THEY'RE GONNA CONTINUE TO
SPEND MONEY, I THINK I HAVE A PROBLEM WITH THAT. AND ALSO, WHEN YOU
HAVE THOSE SAME INDIVIDUALS SPEND MONEY ON ATTACK ADS, SPENDING
MONEY ON ATTACKING THE STATE, SPEND MONEY ON ATTACKING THE
GOVERNOR, I THINK IT SHOWS A GREAT UNDERSTANDING OF HOW THE HOSPITAL IS
IN THE CONSTRAINTS IT'S IN. BECAUSE YOU'RE MISMANAGING MONEY BUT
YOU'RE USING MONEY FOR MAILERS THAT COST TENS OF THOUSANDS OF DOLLARS.
THAT MONEY SHOULD BE USED FOR THE HOSPITAL. THAT MONEY SHOULD BE
USED TO GUIDE THAT -- THAT -- THAT INSTITUTION INTO A DIRECTION OF POSITIVE
MOVEMENT, NOT NEGATIVE.
COUNTY EXECUTIVE BRUCE BLAKEMAN -- BRUCE -- AND --
AND BRUDERMAN HAVE BEEN MANAGING THAT HOSPITAL INTO THE GROUND.
AND SO FOR THAT, I -- I WILL BE VOTING IN THE POSITIVE FOR THESE CHANGES.
332
NYS ASSEMBLY MAY 7, 2025
THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
ON A MOTION BY MR. PRETLOW, 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 HUNTER: A PARTY VOTE HAS
BEEN REQUESTED.
MS. WALSH.
MS. WALSH: MADAM SPEAKER, THE MINORITY
CONFERENCE WILL BE IN THE NEGATIVE ON THIS PIECE OF LEGISLATION. IF
ANYBODY WANTS TO VOTE YES THEY CAN DO SO NOW AT THEIR SEATS. THANK
YOU.
ACTING SPEAKER HUNTER: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MADAM SPEAKER, THE
MAJORITY CONFERENCE IS GOING TO GENERALLY BE IN FAVOR OF THIS PIECE OF
PROGRESSIVE LEGISLATION. I AM SURE THAT WE WILL DO LIKEWISE; HOWEVER,
THERE MAY BE A FEW THAT WOULD DESIRE TO BE AN EXCEPTION. THEY SHOULD
FEEL FREE TO DO SO AT THEIR SEATS.
ACTING SPEAKER HUNTER: THANK YOU.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. BRAUNSTEIN TO EXPLAIN HIS VOTE.
MR. BRAUNSTEIN: THANK YOU, MADAM SPEAKER,
333
NYS ASSEMBLY MAY 7, 2025
TO EXPLAIN MY VOTE. I WILL BE VOTING IN FAVOR OF THIS BUDGET BILL. IN
PARTICULAR, I SUPPORT THE CLARIFYING LANGUAGE AROUND WHEN AN INDIVIDUAL
WITH MENTAL HEALTH ISSUES CAN BE BROUGHT IN FOR INVOLUNTARY TREATMENT.
I -- I THINK MANY OF US, PARTICULARLY WHO REPRESENT THE CITY OF NEW
YORK, HAVE NOTICED AN INCREASE IN PEOPLE WITH MENTAL HEALTH ISSUES
THAT ARE UNTREATED, WHETHER IT'S ON OUR STREETS OR -- OR IN OUR SUBWAYS.
AND THE CONCERN IS WE SEND OUT, YOU KNOW, SUPPORT TEAMS TO TRY AND
GET PEOPLE IN FOR HELP, BUT SOME INDIVIDUALS ARE JUST INCAPABLE OF
UNDERSTANDING THEY NEED HELP AND THEY REFUSE THE SUPPORT THAT'S GIVEN.
RIGHT NOW THE STANDARD FOR WHETHER OR NOT AN INDIVIDUAL COULD BE
BROUGHT IN FOR INVOLUNTARY TREATMENT, IT'S -- IT'S NOT CLEAR IF SOMEONE HAS
TO BE PHYSICALLY VIOLENT, WHETHER OR NOT THEY'RE -- RIGHT? AND IT COULD
BE READ THAT THEY HAVE TO BE THREATENING TO COMMIT SUICIDE OR
THREATENING TO ATTACK SOMEBODY. AND THIS LANGUAGE MAKES IT CLEAR THAT
HARM TO YOURSELF OR OTHERS INCLUDES A PERSON, BECAUSE OF THEIR MENTAL
ILLNESS, THEIR INABILITY TO PERFORM BASIC HUMAN TASKS LIKE FEEDING
THEMSELVES, CLOTHING THEMSELVES, TAKING CARE OF THEIR HEALTH CARE.
I'VE CARRIED LEGISLATION TO PUSH THIS CHANGE FOR SEVERAL
YEARS NOW. IT ONLY APPLIES TO A SMALL UNIVERSE OF INDIVIDUALS, BUT THESE
INDIVIDUALS DO NEED THAT HELP. I THINK THIS IS THE COMPASSIONATE THING
TO DO, AND I'M HOPEFUL THAT WITH THIS NEW STANDARD WE'LL BE ABLE TO HELP
THOSE NEEDY -- NEEDY NEW YORKERS WHO ARE SUFFERING WITH MENTAL
ILLNESS.
SO I WILL BE VOTING IN THE AFFIRMATIVE. THANK YOU.
ACTING SPEAKER HUNTER: MR. BRAUNSTEIN IN
334
NYS ASSEMBLY MAY 7, 2025
THE AFFIRMATIVE.
MR. EPSTEIN TO EXPLAIN HIS VOTE.
MR. EPSTEIN: THANK -- THANK YOU, MADAM
SPEAKER. I RISE TO EXPLAIN MY VOTE.
SO THERE'S A LOT IN THIS BILL AND I THINK THERE'S A LOT THAT
WE SHOULD BE TALKING ABOUT. WE ALL KNOW, AS A PRIOR SPEAKER SAID,
THERE'S PEOPLE STRUGGLING WITH MENTAL HEALTH ISSUES, AND THE WAY THE
CURRENT SYSTEM FUNCTIONS IS WE HAVE A ONE-SIZE-FIT-ALL [SIC] RESPONSE TO
THE CRISIS OF MENTAL HEALTH. AND THIS BILL TALKS ABOUT HOW WE'D REFRAME
THAT. HOW NOT EVERYTHING NEEDS A POLICE RESPONSE. THAT EMS AND
OTHER RESPONDERS ARE CRITICAL. AND TO ENSURE THAT WE HAVE THOSE PEOPLE
IN PLACE, WE ARE STATUTORILY REQUIRING THIS SYSTEM AND STRUCTURE IN PLACE.
WE ALSO NEED TO TALK ABOUT DISCHARGE PLANS BECAUSE
WHEN PEOPLE ARE LEAVING A HOSPITAL OR OUR CORRECTIONAL FACILITIES, IT'S
REALLY IMPORTANT THAT THERE'S A REAL DISCHARGE PLAN FOR PEOPLE WHO ARE
STRUGGLING WITH MENTAL HEALTH. THAT'S REALLY IMPORTANT.
USING EMS IS A REAL CRITICAL FACTOR IN ENSURING THAT
PEOPLE WITH MENTAL HEALTH AREN'T BEING FACED WITH THE POLICE AS THE FIRST
RESPONDER, AND MAYBE EMS CAN BRING THE TEMPERATURE DOWN AND
ENSURE THAT PEOPLE HAVE REAL PLANS.
NO BILL IS PERFECT, BUT THERE'S A LOT HERE THAT WE CAN
BUILD ON TO ENSURE THAT PEOPLE WHO ARE STRUGGLING IN NEW YORK GET THE
SUPPORT THAT THEY NEED AND GET THE HELP THEY NEED, AND TO ENSURE
LONG-TERM VIABILITY. AND THAT'S WHAT THIS IS ABOUT. IN ADDITION, WE'RE
ENSURING THAT HOSPITALS GET ADDITIONAL RESOURCES TO MOVE FORWARD TO
335
NYS ASSEMBLY MAY 7, 2025
ENSURE OUR SAFETY NET HOSPITALS GET THE SUPPORT THAT THEY NEED.
AND BASED ON ALL OF THESE THINGS AND THE RESOURCES
THAT WE NEED FOR REPRODUCTIVE CARE ACROSS THE BOARD, I'LL BE VOTING IN
FAVOR OF THIS BILL.
(PAUSE)
MRS. PEOPLES-STOKES: MADAM SPEAKER, WOULD
YOU PLEASE WITHDRAW THE ROLL SO THAT WE MIGHT PUT OUT THE SENATE SUB?
ACTING SPEAKER HUNTER: THE ROLL CALL IS
WITHDRAWN.
ON A MOTION BY MR. PRETLOW, 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 HUNTER: A PARTY VOTE HAS
BEEN REQUESTED.
MS. WALSH.
MS. WALSH: ONCE AGAIN, MADAM SPEAKER, THE
MINORITY CONFERENCE WILL BE IN THE NEGATIVE. ANY AFFIRMATIVE VOTES
CAN BE CAST RIGHT NOW AT THEIR DESKS. THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MADAM SPEAKER, THE
MAJORITY CONFERENCE IS GOING TO BE IN FAVOR OF THIS PIECE OF LEGISLATION.
ACTING SPEAKER HUNTER: THANK YOU.
THE CLERK WILL RECORD THE VOTE.
336
NYS ASSEMBLY MAY 7, 2025
(THE CLERK RECORDED THE VOTE.)
MR. SEMPOLINSKI TO EXPLAIN HIS VOTE.
MR. SEMPOLINSKI: THANK YOU, MADAM SPEAKER.
I'M GOING TO BE VOTING IN THE NEGATIVE. THERE ARE CERTAINLY THINGS IN
THIS BILL THAT I LIKE. THERE ARE PROBABLY MORE THAT I DON'T. BUT I WANT TO
HIGHLIGHT ONE PARTICULAR REASON THAT I'M VOTING IN THE NEGATIVE, WHICH IS
THE LACK OF THE 7.8 TII OR COLA OR WHATEVER EUPHEMISM YOU WANT TO
PUT ON IT, WHICH DOESN'T MATTER BECAUSE AS IT WAS POINTED OUT EARLIER, IT
HAS NOTHING TO DO WITH THE ACTUAL RATE OF INFLATION. IT'S VERY FRUSTRATING.
I VIEWED DURING THE BUDGET HEARINGS SORT OF THE CONSENSUS AMONG THE
ASSEMBLY, THE SENATE, REPUBLICANS, DEMOCRATS, SORT OF A FOUNTAIN OF
HOPE AND BIPARTISANSHIP HERE IN ALBANY. AND -- AND A LOT OF US ASKED,
FROM BOTH SIDES OF THE AISLE, WHY DON'T WE JUST START EVERY YEAR WITH
INFLATION FOR THE MENTAL HYGIENE LINES, AND INSTEAD WE HAVE TO DO THIS
DANCE EVERY YEAR WHERE THE LEGISLATURE WANTS TO DO MORE, THE
EXECUTIVE WANTS TO DO LESS. AND IT WOULD BE FINE EXCEPT WE'RE DEALING
WITH OUR MOST VULNERABLE POPULATION FOR THESE PARTICULAR LINE ITEMS;
THOSE WITH DEVELOPMENTAL DISABILITIES, THOSE WHO ARE DEALING WITH
MENTAL HEALTH CHALLENGES, THOSE WHO ARE DEALING WITH ADDICTIONS.
PEOPLE THAT ARE RECEIVING BENEFITS NOT BECAUSE OF ANY CHOICE THEY MADE
AND FOR NO FAULT OF THEIR OWN IN MANY CASES. THOSE WITH
DEVELOPMENTAL DISABILITIES, THOSE WITH MENTAL HEALTH CHALLENGES,
THEY'RE -- THEY'RE NOT CHOOSING TO BE IN THE SITUATION THAT THEY'RE IN.
AND THE COMPROMISE THAT WAS REACHED BETWEEN 2.1 AND 7.8 AT 2.6,
THAT'S NOT EXACTLY A PRETTY FAIR COMPROMISE. THAT'S NOWHERE NEAR THE
337
NYS ASSEMBLY MAY 7, 2025
MIDDLE, AND IT'S CERTAINLY NOWHERE NEAR THE 7.8 WHICH WOULD HAVE
MADE UP FOR INFLATIONARY PRESSURE. SO THAT IS NOT A COMPROMISE THAT
I'M PREPARED TO ACCEPT. IT'S -- IT'S NOT A COMPROMISE THAT GIVES THE
PEOPLE THAT ARE DOING THE HARD WORK IN THESE AREAS WHAT THEY DESERVE.
ESPECIALLY GIVEN WE'RE ABOUT TO SPEND A QUARTER-TRILLION DOLLARS. OUT OF
A QUARTER-TRILLION DOLLARS WE COULDN'T FIND ENOUGH MONEY TO
(INDISCERNIBLE/CROSS-TALK) --
ACTING SPEAKER HUNTER: THANK YOU, MR.
SEMPOLINSKI. HOW DO YOU VOTE?
MR. SEMPOLINSKI: (INDISCERNIBLE/CROSS-TALK)
ABOUT PRIORITIES AND THESE PEOPLE SHOULD BE A PRIORITY, NOT AN
AFTERTHOUGHT.
ACTING SPEAKER HUNTER: HOW DO YOU VOTE?
MR. SEMPOLINSKI: I VOTE IN THE NEGATIVE.
ACTING SPEAKER HUNTER: MR. SEMPOLINSKI IN
THE NEGATIVE.
MS. SIMON TO EXPLAIN HER VOTE.
MS. SIMON: THANK YOU, MADAM SPEAKER. AS
MENTAL HEALTH CHAIR I HAVE ADVOCATED FOR A BUDGET THAT MEETS THE
NEEDS OF ALL NEW YORKERS, AND THIS BUDGET BILL PUTS INTO EFFECT SOME
IMPORTANT PROGRESS FOR PEOPLE WITH MENTAL ILLNESS. IT ENSURES
IMPROVED AND MORE EXTENSIVE DISCHARGE PLANNING, FOLLOW-THROUGH TO
ENSURE THAT PEOPLE ARE REFERRED TO COMMUNITY-BASED AND PEER-BASED
PROGRAM AND SERVICE TO PLANS THAT WILL BE ISSUED IN WRITING SO THAT
EVERYBODY KNOWS WHAT'S GOING ON AND CAN FOLLOW THROUGH.
338
NYS ASSEMBLY MAY 7, 2025
WE'RE ALSO GOING TO BE CREATING FOR THE FIRST TIME SINCE
2014 WHAT WAS MANDATED -- WE'RE MANDATING THIS YEAR THE USE OF
INCIDENT REVIEW PANELS. TOO OFTEN AN INCIDENT OCCURS, WE DON'T KNOW
WHAT WENT WRONG, WE DON'T STUDY IT. AND WHEN IT'S -- IF IT'S STUDIED
BEHIND THE SCENES, IT'S NEVER RELEASED. THIS WILL HELP US MAKE BETTER
POLICY BECAUSE WE WILL BE MORE FULLY INFORMED.
WE ARE ALSO SUPPORTING PILOT PROJECTS FOR BEST
PRACTICES TO RESPONSE IN MENTAL HEALTH CRISES, ALTHOUGH IT IS NOT QUITE
WHAT WE HAD ENVISIONED IN DANIEL'S LAW OR CAPSULE -- IT DOESN'T
CAPTURE QUITE WHAT THE TASK FORCE RECOMMENDED. AND WE WILL BE
CREATING A BEHAVIORAL HEALTH TECHNICAL ASSISTANCE CENTER TO BE THE
REPOSITORY OF BEST PRACTICES AND ASSIST LOCALITIES IN RESPONDING.
WE'RE ALSO EXPANDING THE USE OF EFFECTIVE PROGRAMS
SUCH AS CLUBHOUSES, INSET AND ACT TEAMS. WE NEED TO DO MORE
BECAUSE THEY ARE HIGHLY EFFECTIVE, THEY ARE VERY COST-EFFECTIVE, AND
THEY'RE BETTER TREATMENT FOR PEOPLE.
WE HAVE A LOT OF WORK TO DO, HOWEVER. I'M
DISAPPOINTED THAT WE'RE CODIFYING INTO STATE LAW A STANDARD THAT -- FOR
INVOLUNTARY COMMITMENT THAT HAS BEEN IN USE IN NEW YORK CITY AND
HAS BEEN LARGELY UNSUCCESSFUL; IN LARGE PART BECAUSE FIRST RESPONDERS
ARE NOT TRAINED CLINICIANS AND THEY'RE GOING TO PICK UP PEOPLE WHO
DON'T MEET THAT STANDARD. THEY WILL THEN CYCLE BACK OUT BECAUSE WE
DON'T HAVE PLACES FOR THEM TO GO. AND THAT, OF COURSE, IS -- BRINGS UP
ONE PROBLEM (INDISCERNIBLE/CROSS-TALK) --
ACTING SPEAKER HUNTER: THANK YOU, MS.
339
NYS ASSEMBLY MAY 7, 2025
SIMON. HOW DO YOU VOTE?
MS. SIMON: -- SUPPORTED HOUSING.
I WILL BE VOTING IN THE AFFIRMATIVE.
ACTING SPEAKER HUNTER: THANK YOU. MS.
SIMON IN THE AFFIRMATIVE.
MS. BICHOTTE HERMELYN TO EXPLAIN HER VOTE.
MS. BICHOTTE HERMELYN: THANK YOU, MADAM
SPEAKER, FOR ALLOWING ME TO EXPLAIN MY VOTE. I WANT TO APPLAUD MY
COLLEAGUES, THE SPEAKER, THE MAJORITY LEADER, THE GOVERNOR AND ALL OF
US FOR TACKLING AN ISSUE THAT STILL GOES -- THAT STILL PLAGUES MANY NEW
YORKERS, AND THAT IS REPRODUCTIVE HEALTH, BY INCLUDING A PREGNANT
PERSON WHO IS IN ACTIVE LABOR IN THE DEFINITION OF EMERGENCY MEDICAL
CONDITION. THIS WILL ENSURE THAT BABIES AND EXPECTANT FAMILIES ARE
TAKEN CARE OF AT THE TIME OF ADMISSION AND NOT IGNORED. EXPANDING
ACCESS TO INFERTILITY CARE BY ALLOWING MEDICAL ASSISTANCE PROGRAM TO
COVER PRESERVATION SERVICES TO ENSURE FAMILIES HAVING TO MAKING [SIC]
DIFFICULT DECISIONS REGARDING A LOVED ONE'S HEALTH OR EVEN THEIR OWN
HEALTH WILL HAVE ONE LESS THING TO WORRY ABOUT IF THEIR MEDICAL
CONDITION OR TREATMENT OF SAID CONDITION WILL NEGATIVELY IMPACT THEIR
FERTILITY AND DECREASE THEIR ODDS OF EVER HAVING CHILDREN IN THE FUTURE.
FOR THESE REASONS AND MANY OTHER REASONS SUCH AS
ADDRESSING MENTAL HEALTH, INCREASING FUNDING FOR MEDICARE AND
MEDICAID FOR SOME OF OUR MOST VULNERABLE COMMUNITIES, I WILL BE
VOTING IN THE AFFIRMATIVE. THANK YOU.
ACTING SPEAKER HUNTER: MS. BICHOTTE
340
NYS ASSEMBLY MAY 7, 2025
HERMELYN IN THE AFFIRMATIVE.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? THE CLERK WILL ANNOUNCE
THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MADAM SPEAKER, IF YOU
COULD NOW GO TO PAGE 3 SO THAT WE MIGHT TAKE UP OUR RESOLUTIONS.
ACTING SPEAKER HUNTER: RESOLUTIONS, PAGE
3, THE CLERK WILL READ.
THE CLERK: ASSEMBLY RESOLUTION NO. 444, MS.
LUNSFORD.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM MAY 7, 2025, AS FENTANYL AWARENESS DAY
IN THE STATE OF NEW YORK.
ACTING SPEAKER HUNTER: ON THE RESOLUTION,
ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 445, MR.
DURSO.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM MAY 7, 2025, AS SKILLED TRADES DAY IN THE
STATE OF NEW YORK.
341
NYS ASSEMBLY MAY 7, 2025
ACTING SPEAKER HUNTER: ON THE RESOLUTION,
ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 446, MR.
BENDETT.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM MAY 7, 2025, AS SCHOOL NURSE DAY IN THE
STATE OF NEW YORK.
ACTING SPEAKER HUNTER: MR. BENDETT ON THE
RESOLUTION.
MR. BENDETT: THANK YOU, MADAM SPEAKER.
TODAY PLEASE JOIN ME IN ACKNOWLEDGING THE ROLE AND THE VALUE OF OUR
SCHOOL NURSES IN CARING FOR OUR YOUTH AS WE RECOGNIZE TODAY AS SCHOOL
NURSE DAY IN THE STATE OF NEW YORK.
SCHOOL NURSES HAVE SERVED A CRITICAL ROLE IN IMPROVING
PUBLIC HEALTH AND ENSURING OUR STUDENTS' ACADEMIC SUCCESS FOR MORE
THAN 100 YEARS. SO LET'S CELEBRATE AND ACKNOWLEDGE THE
ACCOMPLISHMENTS OF SCHOOL NURSES EVERYWHERE AND THEIR EXTRAORDINARY
EFFORTS TO MEET THE NEEDS OF TODAY'S STUDENTS BY IMPROVING THE DELIVERY
OF HEALTHCARE IN OUR SCHOOLS.
THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 447, MR.
342
NYS ASSEMBLY MAY 7, 2025
MCDONALD.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM MAY 5-11, 2025, AS TARDIVE DYSKINESIA
AWARENESS WEEK IN THE STATE OF NEW YORK.
ACTING SPEAKER HUNTER: ON THE RESOLUTION,
ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 448, MS.
WOERNER.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM MAY 2025, AS BEEF MONTH IN THE STATE OF
NEW YORK.
ACTING SPEAKER HUNTER: ON THE RESOLUTION,
ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 449, MS.
LEVENBERG.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM MAY 2025, AS GLOBAL EMPLOYEE HEALTH AND
FITNESS MONTH IN THE STATE OF NEW YORK.
ACTING SPEAKER HUNTER: MS. LEVENBERG ON
THE RESOLUTION.
MS. LEVENBERG: THANK YOU, MADAM SPEAKER. I
RISE TO SUPPORT THIS RESOLUTION PROCLAIMING MAY 2025 AS GLOBAL
EMPLOYEE HEALTH AND FITNESS MONTH IN THE STATE OF NEW YORK.
343
NYS ASSEMBLY MAY 7, 2025
THIS INTERNATIONAL OBSERVANCE OF HEALTH AND FITNESS IN
THE WORKPLACE HAS A GOAL OF PROMOTING THE BENEFITS OF A HEALTHY
ENVIRONMENT TO EMPLOYERS AND THEIR EMPLOYEES THROUGH WORKSITE
HEALTH PROMOTION ACTIVITIES AND WORKPLACES IN HOPES THAT ONE DAY ALL
PEOPLE WILL HAVE REGULAR OPPORTUNITIES TO BE PHYSICALLY ACTIVE SO THEY
CAN LIVE, WORK, PLAY AND THRIVE. OF COURSE THAT DOES INCLUDE GETTING A
GOOD NIGHT'S SLEEP, MADAM SPEAKER.
SO I BELIEVE THAT IT'S FITTING TO SET ASIDE AND RECOGNIZE
TIME TO STOP AND THINK AND ENCOURAGE A HEALTHY LIFESTYLE FOR PEOPLE OF
ALL AGES, AND IN DOING SO ENHANCE THE HEALTH AND WELFARE OF THE ENTIRE
STATE OF NEW YORK. SO THEREFORE, I HOPE WE CAN ALL GET SOME GOOD REST
TONIGHT.
THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 450, MR.
DESTEFANO.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM MAY 2025 AS WILDFIRE SAFETY AWARENESS
MONTH IN THE STATE OF NEW YORK.
ACTING SPEAKER HUNTER: ON THE RESOLUTION,
ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 451, MS.
344
NYS ASSEMBLY MAY 7, 2025
SEAWRIGHT.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM MAY 2025 AS OLDER NEW YORKERS MONTH IN
THE STATE OF NEW YORK.
ACTING SPEAKER HUNTER: ON THE RESOLUTION,
ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 452, MS.
LUPARDO.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM MAY 2025 AS MOTORCYCLE SAFETY AND
AWARENESS MONTH IN THE STATE OF NEW YORK.
ACTING SPEAKER HUNTER: ON THE RESOLUTION,
ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 453, MS.
BUTTENSCHON.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM MAY 2025 AS LUPUS AWARENESS MONTH IN
THE STATE OF NEW YORK.
ACTING SPEAKER HUNTER: ON THE RESOLUTION,
ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 454, MR.
RIVERA.
345
NYS ASSEMBLY MAY 7, 2025
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM JUNE 2025 AS WORLD REFUGEE AWARENESS
MONTH IN THE STATE OF NEW YORK.
ACTING SPEAKER HUNTER: ON THE RESOLUTION,
ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MADAM SPEAKER, DO YOU
HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?
ACTING SPEAKER HUNTER: WE HAVE NO
HOUSEKEEPING OR RESOLUTIONS.
MS. WALSH.
MS. WALSH: MADAM SPEAKER, WOULD YOU PLEASE
CALL ON ASSEMBLYMEMBER SMULLEN FOR AN ANNOUNCEMENT?
ACTING SPEAKER HUNTER: MR. SMULLEN FOR THE
PURPOSES OF AN ANNOUNCEMENT.
MR. SMULLEN: GOOD EVENING, MADAM SPEAKER.
IT'S MY PLEASURE TO ANNOUNCE THAT THERE WILL BE MINORITY CONFERENCE AT
08:30, 8:30 A.M., TOMORROW MORNING ON ZOOM.
THANK YOU VERY MUCH, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MINORITY CONFERENCE 8:30 TOMORROW MORNING, THURSDAY, 8:30 A.M. VIA
ZOOM.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: I NOW MOVE THAT THE
346
NYS ASSEMBLY MAY 7, 2025
ASSEMBLY STAND ADJOURNED THAT WE RECONVENE AT 10:30 A.M., THURSDAY,
MAY THE 8TH, TOMORROW BEING A SESSION DAY.
ACTING SPEAKER HUNTER: THANK YOU. ON
MRS. PEOPLES-STOKES' MOTION, THE HOUSE STANDS ADJOURNED.
(WHEREUPON, AT 10:41 P.M., THE HOUSE STOOD
ADJOURNED UNTIL THURSDAY, MAY 8TH AT 10:30 A.M., THAT BEING A SESSION
DAY.)
347