WEDNESDAY, MAY 8, 2025 12:34 P.M.
ACTING SPEAKER HUNTER: THE HOUSE WILL
COME TO ORDER.
GOOD MORNING, COLLEAGUES -- STILL MORNING --
AFTERNOON.
IN THE ABSENCE OF CLERGY, LET US PAUSE FOR A MOMENT OF
SILENCE.
(WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)
VISITORS ARE INVITED TO JOIN THE MEMBERS IN THE PLEDGE
OF ALLEGIANCE.
(WHEREUPON, ACTING SPEAKER HUNTER LED VISITORS AND
MEMBERS IN THE PLEDGE OF ALLEGIANCE.)
A QUORUM BEING PRESENT, THE CLERK WILL READ THE
JOURNAL OF WEDNESDAY, MAY 7TH.
1
NYS ASSEMBLY MAY 8, 2025
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: I MOVE TO DISPENSE WITH
THE FURTHER READING OF THE JOURNAL OF WEDNESDAY, MAY THE 7TH, AND THAT
THE SAME STAND APPROVED.
ACTING SPEAKER HUNTER: WITHOUT OBJECTION,
SO ORDERED.
MRS. PEOPLES-STOKES: THANK YOU, MADAM
SPEAKER, AND COLLEAGUES THAT ARE IN THE CHAMBERS, AS WELL AS THE GUESTS
THAT WE HAVE HERE.
I HAVE A QUOTE TODAY. THIS ONE IS COMING FROM KAY
LYONS. SHE IS AN AUTHOR OF MULTIPLE BOOKS. HER WORDS FOR US TODAY:
YESTERDAY IS A CANCELLED CHECK; TOMORROW IS A PROMISSORY NOTE; TODAY
IS THE ONLY CASH YOU HAVE. SPEND IT WISELY.
MADAM SPEAKER, MEMBERS HAVE -- MAY I HAVE
MEMBERS' ATTENTION SO WE CAN ANNOUNCE WHAT -- HOW WE'RE GONNA GO
ABOUT TODAY. WE HAVE ON OUR DESK A MAIN CALENDAR. BEFORE YOU DO
ANY HOUSEKEEPING OR INTRODUCTIONS, WE'RE GONNA BE CALLING FOR THE
FOLLOW COMMITTEES TO MEET: WAYS AND MEANS, AND THAT WILL BE
FOLLOWED BY RULES. THESE COMMITTEES ARE GOING TO PRODUCE AN
A-CALENDAR, WHICH WE WILL TAKE UP TODAY.
AS WE CONTINUE TO MOVE FORWARD TO THE ADOPTION OF
OUR STATE BUDGET, WE EXPECT A VERY BUSY AND PRODUCTIVE DAY AHEAD. I
WANT TO THANK MY COLLEAGUES FOR THEIR CONTINUED PATIENCE AND
COOPERATION.
AND I ALSO WOULD LIKE TO ACKNOWLEDGE THAT THE WHITE
2
NYS ASSEMBLY MAY 8, 2025
SMOKE HAS GONE UP.
(CHEERS)
AND SOON WE WILL KNOW. SOON WE WILL KNOW WHO
OUR -- THE NEW POPE WOULD BE.
MADAM SPEAKER, WE'RE GONNA BEGIN OUR FLOOR WORK BY
TAKING UP A CALENDAR RESOLUTION BY MR. SANTABARBARA. WE'RE
COMMEMORATING THE ASSEMBLY'S LEGISLATIVE DISABILITY [SIC] AWARENESS
DAY. THAT'S THE GENERAL OUTLINE OF WHERE WE'RE GOING TODAY. YOU CAN
PLEASE BEGIN BY CALLING THE WAYS AND MEANS COMMITTEE TO THE
SPEAKER'S CONFERENCE ROOM.
THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
WAYS AND MEANS COMMITTEE TO THE SPEAKER'S
CONFERENCE ROOM. PLEASE MEET CHAIR PRETLOW IN THE SPEAKER'S
CONFERENCE ROOM. WAYS AND MEANS COMMITTEE MEETING.
WE HAVE NO HOUSEKEEPING THIS MORNING, BUT A FEW
INTRODUCTIONS.
MS. ROMERO FOR THE PURPOSES OF AN INTRODUCTION.
MS. ROMERO: THANK YOU.
ON BEHALF OF MY COLLEAGUES ASSEMBLYMEMBER STECK,
ASSEMBLYMEMBER SANTABARBARA AND ASSEMBLYMEMBER MCDONALD, I'M
HONORED TO RECOGNIZE GIRLS INC. TODAY ON THE FLOOR.
GIRLS INC. OF THE GREATER CAPITAL REGION IS A
NATIONALLY-RECOGNIZED NONPROFIT ORGANIZATION DEDICATED TO INSPIRING ALL
GIRLS TO BE STRONG, SMART, AND BOLD THROUGH DIRECT SERVICE AND
3
NYS ASSEMBLY MAY 8, 2025
ADVOCACY.
FOR OVER 85 YEARS, GIRLS INC. OF THE GREATER CAPITAL
REGION HAS EMPOWERED GIRLS THROUGH PROGRAMS FOCUSED ON EDUCATION,
HEALTH AND LEADERSHIP. THE ORGANIZATION USES MENTORSHIP,
RESEARCH-BASED PROGRAMMING AND ADVOCACY TO ENCOURAGE GIRLS IN THE
CAPITAL REGION TO PURSUE THEIR DREAMS, BREAK BARRIERS, AND DEVELOP
INDEPENDENCE.
FOCUSED ON GENDER EQUITY, ACCESS TO STEM
EDUCATION, AND PROVIDING LEADERSHIP OPPORTUNITIES FOR YOUNG WOMAN
[SIC], GIRLS INC. IS PAVING THE WAY FOR THE NEXT GENERATION OF FEMALE
TRAILBLAZERS.
WE'RE JOINED TODAY BY AVA MCKNIGHT, JUANJAGO --
JUANGAGO WAYO, SHILO SUN CASILLA AND AUTUMN MARIE. AND I HOPE
YOU WILL JOIN ME TODAY TO RECOGNIZE THE ORGANIZATION'S DEDICATION AND
IMPACT ON YOUNG -- YOUNG WOMEN'S LIVES AND AFFORD THEM ALL THE
CORDIALITIES OF THE HOUSE. THESE WOMEN ARE BRIGHT AND BRILLIANT YOUNG
WOMAN [SIC] AND I'M HONORED TO RECOGNIZE THEM HERE TODAY.
ACTING SPEAKER HUNTER: THANK YOU.
ON BEHALF OF MS. ROMERO, MR. SANTABARBARA, AND THE
SPEAKER AND ALL MEMBERS, WE WELCOME YOU, YOUNG WOMEN, FROM GIRLS
INC., THE GREATER CAPITAL REGION. CONTINUE TO STAY STRONG, SMART AND
BOLD. WE WELCOME YOU TO THE CHAMBER, EXTEND THE PRIVILEGES OF THE
FLOOR TO YOU. HOPE YOU ENJOY OUR PROCEEDINGS TODAY.
THANK YOU SO VERY MUCH FOR JOINING US.
(APPLAUSE)
4
NYS ASSEMBLY MAY 8, 2025
MR. RAGA FOR THE PURPOSES OF AN INTRODUCTION.
MR. RAGA: THANK YOU, MADAM SPEAKER.
TODAY I'M -- I'M SO HONORED TO HELP WELCOME BACK
COMMUNITY MEMBERS OF THE NEPALI COMMUNITY. NOT JUST FROM
ASSEMBLY DISTRICT 30 IN QUEENS, BUT ACROSS THE STATE HERE AS OUR -- AS
WE HELP CELEBRATE OUR 2ND ANNUAL NEPALI COMMUNITY DAY HERE IN THE
STATE'S CAPITOL HERE IN -- IN -- IN ALBANY.
THESE COMMUNITY LEADERS ARE HERE TO MEET WITH
LAWMAKERS, ELEVATE THEIR LEGISLATIVE AND POLICY PRIORITIES, AND ENSURE
THE VOICES OF NEPALI AMERICANS ACROSS THE STATE ARE HEARD AND
REPRESENTED.
THEIR PRESENCE REFLECTS A GROWING MOVEMENT OF
ENGAGED CONSTITUENTS WHO ARE COMMITTED TO CONTRIBUTING MEANINGFUL --
MEANINGFULLY TO THE POLICIES THAT SHAPE THEIR VERY LIVES.
TODAY WE PROUDLY ACKNOWLEDGE THEIR -- THEIR WORK IN
THE COMMUNITY, BUT ALSO WHEN THEY BRING WITH THEM THEIR CULTURAL
TRADITIONS, STRONG FAMILY VALUES, AND VIBRANT ENTREPRENEURIAL SPIRIT.
THEY'RE ALSO ENRICHING THE NEIGHBORHOODS FROM NEW YORK CITY TO THE
CAPITAL REGION, SO ALL CORNERS OF NEW YORK STATE. THEIR CONTRIBUTION
TO THE STATE'S ECONOMIC, CULTURAL, AND CIVIC LIFE ARE SIGNIFICANT AND
WORTHY OF SUCH RECOGNITION.
TODAY WE HAVE COMMUNITY MEMBERS REPRESENTING
DOZENS OF THEIR ORGANIZATIONS ACROSS THE STATE, NOT TO MENTION THE
MAGAR ASSOCIATION USA; THE NEPALI MANDAZI COMMUNITY IN ALBANY;
LONG ISLAND NEPALESE SOCIETY OF NEW YORK; KIERA RYE (PHONETIC),
5
NYS ASSEMBLY MAY 8, 2025
SOCIETY OF AMERICA; THE GUROTOMO (PHONETIC) SOCIETY, INC.; GOMO
SAMAS AMERICA; THE FEDERATION OF IN -- INDIGENOUS PEOPLE OF NEPAL IN
AMERICA, OR FIPNA; MINORITY EMPOWERMENT NETWORK; AND THE NEW
YORK CITY NEPAL COMMUNITY MEDIA NETWORK, AS WELL THE GUROTOMO
SOCIETY, INC. AND TARA KISHNAN FOUNDATION OF AMERICA. THESE ARE
COMMUNITY MEMBERS THAT CAME ALL THE WAY HERE IN ALBANY TO MEET
WITH THEIR LEGISLATORS AND ADVOCATE FOR THEIR COMMUNITY.
PLEASE, MADAM SPEAKER, IF YOU CAN GIVE THEM THE
CORDIALITIES OF THE FLOOR.
ACTING SPEAKER HUNTER: THANK YOU.
ON BEHALF OF MR. RAGA, THE SPEAKER AND ALL MEMBERS,
WE WELCOME OUR NEPALI COMMUNITY MEMBERS HERE TODAY. WELCOME
YOU TO THE CHAMBER, EXTEND THE PRIVILEGES OF THE FLOOR TO YOU. HOPE
YOU ENJOY OUR PROCEEDINGS TODAY.
THANK YOU SO VERY MUCH FOR JOINING US.
(APPLAUSE)
MR. BURDICK FOR THE PURPOSES OF AN INTRODUCTION.
MR. BURDICK: THANK YOU, MADAM SPEAKER.
IT IS MY HONOR TO RECOGNIZE SEVERAL DISTINGUISHED
GUESTS JOINING US TODAY FOR LEGISLATIVE DISABILITY AWARENESS DAY, EACH
OF WHOM ASSISTS ME IN MY WORK ON THE NEW YORK STATE ASSEMBLY
STANDING COMMITTEE ON PEOPLE WITH DISABILITIES; EACH A POWERFUL
VOICE FOR FAMILIES AND INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES
ACROSS NEW YORK STATE.
SO I'D LIKE TO INTRODUCE KATY FAIVRE, WHO'S A FAMILY
6
NYS ASSEMBLY MAY 8, 2025
ADVOCATE AND STATE LEAD FOR THE NEW YORK STATE ALLIANCE FOR
DEVELOPMENTAL DISABILITIES. KATY PLAYS A KEY ROLE IN COORDINATING
STATEWIDE EFFORTS TO ELEVATE FAMILY PERSPECTIVES IN DISABILITY POLICY.
SHE ALSO SERVES ON MY ADVISORY COMMITTEE TO ASSIST ME IN MY WORK ON
THE COMMITTEE.
SHANNON LEVINE, SHE'S A DISABILITY ADVOCATE WITH --
ALSO WITH THE NEW YORK'S ASSOCIATION OF DEVELOPMENTAL DISABILITIES
[SIC], AND A VERY DEDICATED FAMILY MEMBER. SHANNON BRINGS INVAL --
INVALUABLE INSIGHT AS SOMEONE DIRECTLY IMPACTED BY THE ISSUES WE ARE
WORKING TO ADDRESS.
AND LASTLY, BUT NOT LEAST, IS SIMCHA WEINSTEIN, FAMILY
PEER ADVOCATE, AUTHOR, RABBI, AND PROUD "DADVOCATE." SIMCHA IS A
STRONG SUPPORTER OF INCLUSIVE COMMUNITIES AND FAMILY-CENTERED
ADVOCACY. AND BOTH SHANNON AND SIMCHA HAVE BEEN VERY HELPFUL IN
THEIR ADVICE TO THE WORK THAT WE'RE DOING ON THE COMMITTEE.
SO, MADAM SPEAKER, I WOULD ASK THAT YOU KINDLY
WELCOME THEM TO THE CHAMBER AND ACCORD THEM ALL THE COURTESIES OF
THIS CHAMBER.
THANK YOU SO MUCH.
ACTING SPEAKER HUNTER: THANK YOU.
ON BEHALF OF MR. BURDICK, THE SPEAKER AND ALL
MEMBERS, WE WELCOME YOU HERE TODAY TO THE ASSEMBLY CHAMBER.
THANK YOU FOR ADVOCATING FOR OUR LEGISLATIVE AWARENESS DISABILITY
DAY [SIC]. "DADVOCATE", I LIKE THAT. THAT SOUNDS GOOD. I THINK WE'RE
GONNA BE USING THAT. WE EXTEND THE PRIVILEGES OF THE FLOOR TO YOU, AND
7
NYS ASSEMBLY MAY 8, 2025
HOPE YOU ENJOY OUR PROCEEDINGS TODAY.
THANK YOU SO VERY MUCH FOR JOINING US.
(APPLAUSE)
PAGE 3, ASSEMBLY RESOLUTION NO. 455, THE CLERK WILL
READ.
THE CLERK: ASSEMBLY RESOLUTION NO. 455, MR.
SANTABARBARA.
LEGISLATIVE RESOLUTION MEMORIALIZING KATHY HOCHUL
TO PROCLAIM MAY 8TH OF 2025, AS NEW YORK STATE ASSEMBLY
LEGISLATIVE DISABILITIES AWARENESS DAY.
ACTING SPEAKER HUNTER: MR. SANTABARBARA
ON THE RESOLUTION.
MR. SANTABARBARA: THANK YOU, MADAM
SPEAKER.
I RISE TODAY AS CHAIR OF THE ASSEMBLY'S COMMITTEE ON
PEOPLE WITH DISABILITIES TO SPEAK IN SUPPORT OF THIS RESOLUTION
RECOGNIZING MAY 8, 2025 AS NEW YORK STATE ASSEMBLY LEGISLATIVE
DISABILITIES AWARENESS DAY.
THIS DAY IS MORE THAN SYMBOLIC, IT'S A REFLECTION OF OUR
VALUES AS A LEGISLATIVE BODY. IT'S A REMINDER THAT INCLUSION,
EMPOWERMENT, AND EQUAL OPPORTUNITY MUST BE AT THE HEART OF OUR
WORK; NOT JUST FOR SOME, BUT FOR ALL NEW YORKERS. PEOPLE WITH
DISABILITIES AND THEIR FAMILIES ARE VITAL MEMBERS OF OUR COMMUNITY.
THEY ARE LEADERS, WORKERS, NEIGHBORS STUDENTS, ADVOCATES, AND MORE.
THEY CONTRIBUTE TO -- TO OUR COMMUNITIES IN COUNTLESS WAYS, AND TO OUR
8
NYS ASSEMBLY MAY 8, 2025
STATE'S SUCCESS, OFTEN WHILE NAVIGATING BARRIERS THAT TOO MANY OF US
TAKE FOR GRANTED.
TODAY'S RESOLUTION NOT ONLY RECOGNIZES THAT
CONTRIBUTION, BUT ALSO AFFIRMS OUR RESPONSIBILITY TO LISTEN TO THEIR
VOICES, ELEVATE THEIR PRIORITIES, AND PASS MEANINGFUL LEGISLATION THAT
PROMOTES INTEGRATION, INDEPENDENCE, AND EQUALITY.
AS PART OF TODAY'S RECOGNITION, WE ARE ADVANCING A
LEGISLATIVE PACKAGE THAT REF -- REFLECTS THE CONCERNS OF THE DISABILITY
COMMUNITY; BILLS THAT ADDRESS ACCESS, INCLUSION, WORKFORCE SUPPORT AND
QUALITY OF CARE. THESE ARE NOT PARTISAN ISSUES, THEY ARE MATTERS OF
DIGNITY AND CIVIL RIGHTS. LET THIS DAY SERVE AS A CALL TO ACTION. LET US
COMMIT OURSELVES TO BUILDING A NEW YORK WHERE EVERY PERSON,
REGARDLESS OF ABILITY, CAN LIVE WITH A FULL PROMISE OF OPPORTUNITY.
THANK YOU, MADAM SPEAKER, FOR THE OPPORTUNITY TO
SPEAK ON THIS RESOLUTION AND I ENCOURAGE ALL OF MY COLLEAGUES TO JOIN
ME IN SUPPORTING IT.
ACTING SPEAKER HUNTER: THANK YOU.
MR. ANDERSON ON THE RESOLUTION.
MR. ANDERSON: THANK YOU, MADAM SPEAKER, TO
SPEAK ON THE RESOLUTION. I WANT TO THANK THE SPONSOR AND THE CHAIR OF
THE PEOPLE -- STANDING COMMITTEE ON PEOPLE WITH DISABILITIES HERE AT
THE STATE CAPITOL FOR HOLDING THIS DAY AND INTRODUCING THIS RESOLUTION.
AS AN INDIVIDUAL THAT IDENTIFIES WITH A DISABILITY, I THINK IT'S CRITICAL AND
IMPORTANT TO ENSURE THAT WE HIGHLIGHT THE ABILITIES OF ALL NEW YORKERS
AND HOW THEY CONTRIBUTE TO THE SUCCESS OF THIS STATE.
9
NYS ASSEMBLY MAY 8, 2025
I DO WANT TO JUST ACKNOWLEDGE SOME ORGANIZATIONS IN
MY DISTRICT THAT ARE DOING CRITICAL WORK WITH OUR INDIVIDUALS WHO LIVE
WITH AUTISM. WE HAVE PERFECT PIECES TO THE PUZZLE [SIC] AND TRISHA
BERMUDEZ, UNDERSTANDING IN THE ARVERNE COMMUNITY HOW IMPORTANT IT
IS TO RECOGNIZE HOW STUDENTS AND YOUNG PEOPLE AND PEOPLE ACROSS THE
SPECTRUM WHO LIVE WITH AUTISM ARE A PART OF THAT PERFECT PUZZLE.
I ALSO WANT TO ACKNOWLEDGE KAMI AGARD, WHO IS A
PART AND THE LEADER OF ROCKAWAY BEACH FAMILIES FOR AUTISM [SIC].
THESE ARE INDIVIDUALS THAT ARE SEEING THE IMPORTANCE OF US LIFTING UP
OUR COMMUNITIES. AND I'M ALSO GRATEFUL FOR YORK EMPOWERED
INITIATIVE, WHICH CONNECTS OUR STUDENTS WHO LIVE WITH DISABILITIES TO
EDUCATIONAL OPPORTUNITIES IN HIGHER EDUCATION INSTITUTIONS SUCH AS YORK
COLLEGE, AND I WAS PROUD TO SUPPORT THEM LAST YEAR AND WILL CONTINUE
TO SUPPORT THE EFFORTS AND THE WORK THAT THEY DO TO SUPPORT OUR STUDENTS
WITH DISABILITIES.
LET'S CONTINUE TO HIGHLIGHT THE ABILITIES OF FOLKS, AND
NOT THE DISABILITIES. THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MR. BURDICK ON THE RESOLUTION.
MR. BURDICK: THANK YOU, MADAM SPEAKER, TO
GIVE ME THE OPPORTUNITY TO SPEAK ON THIS RESOLUTION.
I FIRST WISH TO THANK THE SPEAKER FOR EACH YEAR HOLDING
LEGISLATIVE DISABILITY [SIC] AWARENESS DAY, OFFERING THE OPPORTUNITY TO
MOVE AHEAD ON LEGISLATION TO IMPROVE THE LIVES OF PEOPLE WITH
DISABILITIES. AND I ALSO WISH TO THANK CHAIR SANTABARBARA FOR HIS
10
NYS ASSEMBLY MAY 8, 2025
ENERGETIC ADVOCACY, ZEAL, AND LEADERSHIP IN MOVING AHEAD.
WE INCREASINGLY DO RECOGNIZE THE ONGOING WORK OF
MAKING NEW YORK STATE A STATE THAT TRULY IS ACCESSIBLE, INCLUSIVE AND
RESPONSIVE TO THE NEEDS OF THOSE WITH DISABILITIES. BUT WE ALSO
RECOGNIZE THAT WHILE PROGRESS HAS BEEN MADE, MUCH MORE NEEDS TO BE
DONE.
NEW YORKERS WITH DISABILITIES ARE CIVIC PARTICIPANTS,
AS WE SAW TODAY, FOR THOSE WHO MIGHT'VE BEEN DOWN IN THE WELL TO SEE
THOSE WHO'VE COME HERE TO ADVOCATE FOR THOSE NEEDS. AND THEY'RE
ACROSS THE ENTIRE SPECTRUM; STUDENTS, WORKERS, VOTERS, PARENTS,
PROFESSIONALS AND OUR NEIGHBORS. BUT FOR TOO LONG, THEY HAVE BEEN
FORCED FOR FIGHT FOR RIGHTS OTHERS TAKE FOR GRANTED AND TO NAVIGATE
INSTITUTIONS BUILT ON THE ASSUMPTION THAT DISABILITY IS AN EXCEPTION, NOT
A NORM.
SO, I AM VERY PROUD TO BE A PART OF THE EFFORT TO
IMPROVE LIVES, AND TO BE A MEMBER OF THE COMMITTEE ON PEOPLE WITH
DISABILITIES SINCE ITS INCEPTION IN 2021, AND I AM DEDICATED TO MOVING
AHEAD WITH PERSISTENCE AND PERSEVERANCE TO DO SO.
THANK YOU VERY MUCH.
ACTING SPEAKER HUNTER: THANK YOU.
MRS. PEOPLES-STOKES ON THE RESOLUTION.
MRS. PEOPLES-STOKES: THANK YOU, MADAM
SPEAKER.
I APPRECIATE THE OPPORTUNITY TO HONOR THE SPONSOR OF
THIS RESOLUTION. IT'S CRITICALLY IMPORTANT, NOT JUST TO ALL NEW YORKERS,
11
NYS ASSEMBLY MAY 8, 2025
BUT ACROSS THE NATION. I ALSO WANT TO HONOR THOSE DISABLED PEOPLE WHO
MEET THE CHALLENGES EVERY DAY THAT MOST OF US DON'T HAVE TO DEAL WITH,
AND NOT ONLY DO THEY MEET THEM, THEY EXCEED AT THEM.
AND I'D ALSO LIKE TO HONOR THE WEST NEW YORK
INDEPENDENT LIVING CENTER [SIC] THAT OPERATES IN MY DISTRICT. IT'S
AMAZING WORK THAT THEY DO WITH THE PEOPLE THERE TO HELP TRAIN THEM FOR
WORKING, HELP THEM GET THROUGH HOW TO TRANSPORT, HELP THEM FIND THE
RIGHT LIVING SITUATIONS. AND IT ALWAYS MAKES ME THINK THAT SOMETIMES
WE LOOK AT PEOPLE WITH A DISABILITY AND THINK THAT THEY ARE UNABLE TO DO
THINGS. THAT IS NOT TRUE. AND JUST BECAUSE YOU'RE DISABLED DOES NOT
MEAN THAT YOU'RE NOT ABLE TO WORK AND LIVE A GOOD QUALITY OF LIFE.
SO I WANT TO THANK ALL THE ADVOCATES ACROSS THE STATE
THAT PROVIDE THAT NECESSARY SUPPORT AND RESOURCES THAT OUR DISABLED
COMMUNITY NOT ONLY NEEDS, BUT DESERVES.
THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
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, WOULD
YOU PLEASE PUT OUR HOUSE AT EASE?
ACTING SPEAKER HUNTER: ON MRS. PEOPLES-
STOKES' MOTION, THE HOUSE STANDS AT EASE.
(WHEREUPON, AT 12:50 P.M., THE HOUSE STOOD AT EASE.)
12
NYS ASSEMBLY MAY 8, 2025
*******************
(WHEREUPON, AT 1:16 P.M., THE HOUSE WAS CALLED BACK
TO ORDER.)
ACTING SPEAKER HUNTER: THE HOUSE WILL
COME TO ORDER.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MADAM SPEAKER,
COLLEAGUES HAVE ON THEIR DESK AN A-CALENDAR. I WOULD LIKE TO MOVE TO
ADVANCE THAT CALENDAR.
ACTING SPEAKER HUNTER: YES, MA'AM. THANK
YOU.
ON A MOTION BY MRS. PEOPLES-STOKES, THE A-CALENDAR
IS ADVANCED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MADAM SPEAKER, FOR THE
KNOWLEDGE OF THE COLLEAGUES THAT ARE IN THE CHAMBER, IT LOOKS VERY
POTENTIAL THAT THE NEXT CARDINAL [SIC] WILL BE CARDINAL -- THE NEXT POPE
WILL BE CARDINAL ROBERT PREVOST. HE'S 69 YEARS OLD, HE'S FROM CHICAGO,
AND WOULD BE THE FIRST AMERICAN POPE IF HE'S ELECTED.
ON THAT, MADAM SPEAKER, WE'RE GOING TO BE GOING
RIGHT TO RULES REPORT NO. 183. OUR WAYS AND MEANS CHAIR IS READY.
ACTING SPEAKER HUNTER: THANK YOU.
COLLEAGUES, WE'RE GONNA BE ON DEBATE. IF WE COULD
HAVE SOME QUIET, PLEASE? THANK YOU.
13
NYS ASSEMBLY MAY 8, 2025
PAGE 4, RULES REPORT NO. 183, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A03006-C, RULES
REPORT NO. 183, BUDGET BILL. AN ACT TO AMEND THE EDUCATION LAW, IN
RELATION TO CONTRACTS FOR EXCELLENCE; TO AMEND THE EDUCATION LAW, IN
RELATION TO FOUNDATION AID; TO AMEND THE EDUCATION LAW, IN RELATION TO
THE ESTABLISHMENT OF A STATEWIDE DUAL ENROLLMENT PROGRAM POLICY; TO
AMEND THE EDUCATION LAW, IN RELATION TO ALLOWABLE TRANSPORTATION
EXPENSES; TO AMEND THE EDUCATION LAW, IN RELATION TO UNIVERSAL
PRE-KINDERGARTEN AND THE STATEWIDE UNIVERSAL FULL-DAY
PRE-KINDERGARTEN PROGRAM; TO AMEND THE EDUCATION LAW, IN RELATION TO
STATE AID ADJUSTMENTS; TO AMEND THE EDUCATION LAW, IN RELATION TO THE
APPORTIONMENT OF MONEYS FOR SCHOOL AID; TO AMEND CHAPTER 378 OF THE
LAWS OF 2010 AMENDING THE EDUCATION LAW RELATING TO PAPERWORK
REDUCTION, IN RELATION TO EXTENDING THE PROVISIONS THEREOF; TO AMEND THE
EDUCATION LAW AND THE GENERAL BUSINESS LAW, IN RELATION TO
REQUIREMENTS FOR ZERO-EMISSIONS SCHOOL BUSES; TO AMEND CHAPTER 756
OF THE LAWS OF 1992 RELATING TO FUNDING A PROGRAM FOR WORK FORCE
EDUCATION CONDUCTED BY THE CONSORTIUM FOR WORKER EDUCATION IN NEW
YORK CITY, IN RELATION TO REIMBURSEMENT FOR THE 2025-2026 SCHOOL YEAR
WITHHOLDING A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID AND IN
RELATION TO THE EFFECTIVENESS THEREOF; TO AMEND THE EDUCATION LAW, IN
RELATION TO MAXIMUM CLASS SIZES FOR SPECIAL CLASSES FOR CERTAIN STUDENTS
WITH DISABILITIES; TO AMEND CHAPTER 82 OF THE LAWS OF 1995 AMENDING
THE EDUCATION LAW AND OTHER LAWS RELATING TO STATE AID TO SCHOOL
DISTRICTS AND THE APPROPRIATION OF FUNDS FOR THE SUPPORT OF GOVERNMENT,
14
NYS ASSEMBLY MAY 8, 2025
IN RELATION TO THE EFFECTIVENESS THEREOF; TO AMEND PART C OF CHAPTER 56
OF THE LAWS OF 2020 DIRECTING THE COMMISSIONER OF EDUCATION TO
APPOINT A MONITOR FOR THE ROCHESTER CITY SCHOOL DISTRICT, ESTABLISHING
THE POWERS AND DUTIES OF SUCH MONITOR AND CERTAIN OTHER OFFICERS AND
RELATING TO THE APPORTIONMENT OF AID TO SUCH SCHOOL DISTRICT, IN RELATION
TO THE EFFECTIVENESS THEREOF; TO AMEND CHAPTER 19 OF THE LAWS OF 2020
AUTHORIZING THE COMMISSIONER OF EDUCATION TO APPOINT A MONITOR TO
OVERSEE THE HEMPSTEAD UNION FREE SCHOOL DISTRICT AND ESTABLISHING
THE POWERS AND DUTIES OF SUCH MONITOR, IN RELATION TO THE EFFECTIVENESS
THEREOF; TO AMEND CHAPTER 18 OF THE LAWS OF 2020 AUTHORIZING THE
COMMISSIONER OF EDUCATION TO APPOINT A MONITOR TO OVERSEE THE
WYANDANCH UNION FREE SCHOOL DISTRICT AND ESTABLISHING THE POWERS
AND DUTIES OF THE MONITOR, IN RELATION TO THE EFFECTIVENESS THEREOF; TO
AMEND CHAPTER 89 OF THE LAWS OF 2016 RELATING TO SUPPLEMENTARY
FUNDING FOR DEDICATED PROGRAMS FOR PUBLIC SCHOOL STUDENTS IN THE EAST
RAMAPO CENTRAL SCHOOL DISTRICT, IN RELATION TO THE EFFECTIVENESS
THEREOF; TO AMEND THE EDUCATION LAW, IN RELATION TO CREATING SAFE
HARBORS AND A PHASE-IN PERIOD FOR COMPLIANCE WITH CERTAIN SECTIONS OF
SUCH LAW RELATING TO INSTRUCTION AT NONPUBLIC SCHOOLS; PROVIDING FOR
SPECIAL APPORTIONMENT FOR SALARY EXPENSES; PROVIDING FOR SPECIAL
APPORTIONMENT FOR PUBLIC PENSION ACCRUALS; TO AMEND CHAPTER 121 OF
THE LAWS OF 1996 AUTHORIZING THE ROOSEVELT UNION FREE SCHOOL
DISTRICT TO FINANCE DEFICITS BY THE ISSUANCE OF SERIAL BONDS, IN RELATION
TO AN APPORTIONMENT FOR SALARY EXPENSES; PROVIDING FOR SET-A-SIDES
FROM THE STATE FUNDS WHICH CERTAIN DISTRICTS ARE RECEIVING FROM THE
15
NYS ASSEMBLY MAY 8, 2025
TOTAL FOUNDATION AID; PROVIDING FOR SUPPORT OF PUBLIC LIBRARIES; AND TO
REPEAL CERTAIN PROVISIONS OF THE EDUCATION LAW RELATING TO CALCULATION
OF SCHOOL AID (PART A); TO AMEND THE EDUCATION LAW, IN RELATION TO
ESTABLISHING A UNIVERSAL FREE SCHOOL MEALS PROGRAM; AND TO REPEAL
SECTION 925 OF THE EDUCATION LAW RELATING TO THE COMMUNITY ELIGIBILITY
PROVISION STATE SUBSIDY (PART B); TO AMEND THE EDUCATION LAW, IN
RELATION TO STUDENT USE OF INTERNET-ENABLED DEVICES DURING THE SCHOOL
DAY (PART C); TO AMEND THE EDUCATION LAW IN RELATION TO SCHOLARSHIPS
AWARDED TO PART-TIME STUDENTS BY THE NEW YORK STATE HIGHER
EDUCATION SERVICES CORPORATION; TO AMEND THE EDUCATION LAW, IN
RELATION TO MAKING CONFORMING CHANGES; TO REPEAL SECTION 666 OF THE.
EDUCATION LAW, RELATING TO TUITION AWARDS FOR PART-TIME UNDERGRADUATE
STUDENTS; AND TO REPEAL SECTION 667-C-1 OF THE EDUCATION LAW RELATING
TO THE NEW YORK STATE PART-TIME SCHOLARSHIP AWARD PROGRAM (PART
D); TO AMEND THE EDUCATION LAW, IN RELATION TO EXCELSIOR SCHOLARSHIP
AWARDED TO STUDENTS BY THE NEW YORK STATE HIGHER EDUCATION SERVICES
CORPORATION (PART E); TO AMEND THE EDUCATION LAW, IN RELATION TO
CREATING A NEW YORK OPPORTUNITY PROMISE SCHOLARSHIP (PART F);
INTENTIONALLY OMITTED (PART G); INTENTIONALLY OMITTED (PART H);
INTENTIONALLY OMITTED (PART I); INTENTIONALLY OMITTED (PART J);
INTENTIONALLY OMITTED (PART K); TO AMEND THE PRIVATE HOUSING FINANCE
LAW, IN RELATION TO REDUCTION OF TAXES PURSUANT TO SHELTER RENT (PART L);
INTENTIONALLY OMITTED (PART M); TO UTILIZE RESERVES IN THE MORTGAGE
INSURANCE FUND FOR VARIOUS HOUSING PURPOSES (PART N); TO AMEND PART
N OF CHAPTER 56 OF THE LAWS OF 2020, AMENDING THE SOCIAL SERVICES
16
NYS ASSEMBLY MAY 8, 2025
LAW RELATING TO RESTRUCTURING FINANCING FOR RESIDENTIAL SCHOOL
PLACEMENTS, IN RELATION TO THE EFFECTIVENESS THEREOF (PART O); TO AMEND
THE SOCIAL SERVICES LAW, IN RELATION TO CERTIFICATION OF CHILD CARE
SUPPORT CENTERS TO PLACE SUBSTITUTE CAREGIVERS IN LICENSED AND
REGISTERED CHILD CARE PROGRAMS (PART P); TO AMEND THE SOCIAL SERVICES
LAW, IN RELATION TO IMPROVING INFANCY HEALTH BY INCREASING PUBLIC
ASSISTANCE ALLOWANCES TO CERTAIN PERSONS (PART Q); TO AMEND THE SOCIAL
SERVICES LAW, IN RELATION TO INCREASING THE STANDARDS OF MONTHLY NEED
FOR AGED, BLIND AND DISABLED PERSONS LIVING IN THE COMMUNITY (PART R);
TO AMEND PART W OF CHAPTER 54 OF THE LAWS OF 2016 AMENDING THE
SOCIAL SERVICES LAW RELATING TO THE POWERS AND DUTIES OF THE
COMMISSIONER OF SOCIAL SERVICES RELATING TO THE APPOINTMENT OF A
TEMPORARY OPERATOR, IN RELATION TO THE EFFECTIVENESS THEREOF (PART S); TO
AMEND THE LABOR LAW, IN RELATION TO REVISING THE HEALTHY TERMINALS
ACT (PART T); TO AMEND THE LABOR LAW, IN RELATION TO LIMITING
LIQUIDATED DAMAGES IN CERTAIN FREQUENCY OF PAY VIOLATIONS (PART U); TO
AMEND THE LABOR LAW, IN RELATION TO CIVIL PENALTIES FOR VIOLATIONS OF
CERTAIN PROVISIONS FOR THE PAYMENT OF WAGES (PART V); TO AMEND THE
LABOR LAW, IN RELATION TO THE CIVIL PENALTIES FOR VIOLATIONS OF CHILD
LABOR LAWS (PART W); TO AMEND THE LABOR LAW AND THE EDUCATION LAW,
IN RELATION TO DIGITIZING THE PROCESS BY WHICH MINORS APPLY FOR
EMPLOYMENT CERTIFICATES OR WORKING PAPERS; AND TO REPEAL CERTAIN
PROVISIONS OF THE LABOR LAW AND THE EDUCATION LAW RELATING THERETO
(PART X); TO AMEND THE VETERANS' SERVICES LAW, IN RELATION TO ANNUITY
TO BE PAID TO PARENTS, SPOUSES, AND MINOR CHILDREN OF SERVICE MEMBERS
17
NYS ASSEMBLY MAY 8, 2025
WHO DIED WHILE ON ACTIVE DUTY; AND TO AUTHORIZE THE COMMISSIONER OF
VETERANS' SERVICES TO CONDUCT AN OUTREACH PROGRAM FOR THE PURPOSE OF
INFORMING THE PUBLIC AND PERSONS WHO MAY BE ELIGIBLE TO RECEIVE AN
ANNUITY (PART Y); INTENTIONALLY OMITTED (PART Z); IN RELATION TO REQUIRING
THE SUBMISSION OF AN ANNUAL REPORT ON THE NEW YORK STATE MUSEUM
(PART AA); TO AMEND THE LABOR LAW, IN RELATION TO DECREASING THE
LENGTH OF THE SUSPENSION PERIOD APPLICABLE TO CERTAIN STRIKING WORKERS
WHO SEEK TO OBTAIN UNEMPLOYMENT INSURANCE BENEFITS (PART BB); TO
AMEND THE SOCIAL SERVICES LAW, IN RELATION TO THE MAINTENANCE OF
EFFORT REQUIREMENTS OF SOCIAL SERVICES DISTRICTS IN PROVIDING CHILD CARE
ASSISTANCE UNDER THE CHILD CARE BLOCK GRANT (PART CC); TO AMEND THE
PENAL LAW, IN RELATION TO EVADING ARREST BY CONCEALMENT OF IDENTITY
(PART DD); TO AMEND THE CORRECTION LAW, IN RELATION TO MERIT TIME
ALLOWANCE AND LIMITED CREDIT TIME ALLOWANCE (PART EE); IN RELATION TO
AUTHORIZING THE COMMISSIONER OF EDUCATION TO APPOINT A MONITOR TO
OVERSEE THE MOUNT VERNON CITY SCHOOL DISTRICT AND ESTABLISHING THE
POWERS AND DUTIES OF SUCH MONITOR; AND PROVIDING FOR THE REPEAL OF
SUCH PROVISIONS UPON EXPIRATION THEREOF (PART FF); TO AMEND THE
GENERAL BUSINESS LAW, THE REAL PROPERTY LAW AND THE ADMINISTRATIVE
CODE OF THE CITY OF NEW YORK, IN RELATION TO PROVIDING EXPANDED
HOMEOWNERSHIP OPPORTUNITIES FROM THE CONVERSION OF CERTAIN
RESIDENTIAL RENTAL BUILDINGS TO CONDOMINIUM STATUS BY PROPERTY OWNERS
THAT COMMIT TO THE STEWARDSHIP OF PERMANENTLY AFFORDABLE UNITS AND
THE PRESERVATION OF EXPIRING AFFORDABLE HOUSING INVENTORY IN THE CITY
OF NEW YORK; AND PROVIDING FOR THE REPEAL OF CERTAIN PROVISIONS UPON
18
NYS ASSEMBLY MAY 8, 2025
EXPIRATION THEREOF (PART GG); TO AMEND THE PUBLIC HOUSING LAW, IN
RELATION TO ESTABLISHING THE HOUSING ACCESS VOUCHER PILOT PROGRAM
(PART HH); TO AMEND SECTION 2 OF CHAPTER 868 OF THE LAWS OF 1975
CONSTITUTING THE NEW YORK STATE FINANCIAL EMERGENCY ACT FOR THE CITY
OF NEW YORK, IN RELATION TO THE EFFECTIVENESS THEREOF (PART II); TO
AMEND THE PUBLIC AUTHORITIES LAW, IN RELATION TO ESTABLISHING THE CITY
OF BUFFALO PARKING AUTHORITY (PART JJ); TO AMEND THE LABOR LAW, IN
RELATION TO INCREASING THE MAXIMUM BENEFIT RATE FOR UNEMPLOYMENT
INSURANCE (PART KK); TO AMEND THE CRIMINAL PROCEDURE LAW, IN
RELATION TO DISCOVERY REFORM (PART LL); AND IN RELATION TO PROVIDING FOR
THE ADMINISTRATION OF CERTAIN FUNDS AND ACCOUNTS RELATED TO THE
2025-2026 BUDGET, AUTHORIZING CERTAIN PAYMENTS AND TRANSFERS; TO
AMEND THE STATE FINANCE LAW, IN RELATION TO THE ADMINISTRATION OF
CERTAIN FUNDS AND ACCOUNTS, IN RELATION TO THE EFFECTIVENESS THEREOF, AND
IN RELATION TO INTEREST OWED ON OUTSTANDING BALANCES OF DEBT; TO AMEND
PART XX OF CHAPTER 56 OF THE LAWS OF 2024, AMENDING THE STATE
FINANCE LAW AND OTHER LAWS RELATING TO PROVIDING FOR THE
ADMINISTRATION OF CERTAIN FUNDS AND ACCOUNTS RELATED TO THE 2023-2024
BUDGET, IN RELATION TO THE EFFECTIVENESS THEREOF; TO AMEND THE STATE
FINANCE LAW, IN RELATION TO THE SCHOOL TAX RELIEF FUND; TO AMEND THE
STATE FINANCE LAW, IN RELATION TO THE DEDICATED INFRASTRUCTURE
INVESTMENT FUND; AUTHORIZING THE COMPTROLLER TO TRANSFER UP TO
$25,000,000 FROM VARIOUS STATE BOND FUNDS TO THE GENERAL DEBT
SERVICE FUND FOR THE PURPOSES OF REDEEMING OR DEFEASING OUTSTANDING
STATE BONDS; TO AMEND THE PRIVATE HOUSING FINANCE LAW, IN RELATION TO
19
NYS ASSEMBLY MAY 8, 2025
HOUSING PROGRAM BONDS AND NOTES; TO AMEND THE PUBLIC AUTHORITIES
LAW, IN RELATION TO THE ISSUANCE OF BONDS AND NOTES BY THE DEDICATED
HIGHWAY AND BRIDGE TRUST FUND; TO AMEND THE PUBLIC AUTHORITIES
LAW, IN RELATION TO THE ISSUANCE OF BONDS AND NOTES FOR CITY UNIVERSITY
FACILITIES; TO AMEND THE PUBLIC AUTHORITIES LAW, IN RELATION TO THE
ISSUANCE OF BONDS FOR LIBRARY CONSTRUCTION PROJECTS; TO AMEND THE
PUBLIC AUTHORITIES LAW, IN RELATION TO THE ISSUANCE OF BONDS FOR STATE
UNIVERSITY EDUCATIONAL FACILITIES; TO AMEND THE PUBLIC AUTHORITIES LAW,
IN RELATION TO THE ISSUANCE OF BONDS AND NOTES FOR LOCALLY-SPONSORED
COMMUNITY COLLEGES; TO AMEND THE NEW YORK STATE MEDICAL CARE
FACILITIES FINANCE AGENCY ACT, IN RELATION TO THE ISSUANCE OF MENTAL
HEALTH SERVICES FACILITIES IMPROVEMENT BONDS AND NOTES; TO AMEND PART
K OF CHAPTER 81 OF THE LAWS OF 2002, RELATING TO PROVIDING FOR THE
ADMINISTRATION OF CERTAIN FUNDS AND ACCOUNTS RELATED TO THE 2002-2003
BUDGET, IN RELATION TO THE ISSUANCE OF BONDS AND NOTES TO FINANCE
CAPITAL COSTS RELATED TO HOMELAND SECURITY; TO AMEND THE URBAN
DEVELOPMENT CORPORATION ACT, IN RELATION TO THE ISSUANCE OF BONDS AND
NOTES FOR PURPOSES OF FUNDING OFFICE OF INFORMATION TECHNOLOGY
SERVICES PROJECT COSTS; TO AMEND CHAPTER 329 OF THE LAWS OF 1991,
AMENDING THE STATE FINANCE LAW AND OTHER LAWS RELATING TO THE
ESTABLISHMENT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND, IN
RELATION TO THE ISSUANCE OF FUNDS TO THE THRUWAY AUTHORITY; TO AMEND
THE URBAN DEVELOPMENT CORPORATION ACT, IN RELATION TO THE ISSUANCE OF
BONDS AND NOTES TO FUND COSTS FOR STATEWIDE EQUIPMENT; TO AMEND THE
PUBLIC AUTHORITIES LAW, IN RELATION TO THE ISSUANCE OF BONDS FOR
20
NYS ASSEMBLY MAY 8, 2025
PURPOSES OF FINANCING ENVIRONMENTAL INFRASTRUCTURE PROJECTS; TO AMEND
PART D OF CHAPTER 389 OF THE LAWS OF 1997, RELATING TO THE FINANCING OF
THE CORRECTIONAL FACILITIES IMPROVEMENT FUND AND THE YOUTH FACILITY
IMPROVEMENT FUND, IN RELATION TO THE ISSUANCE OF BONDS AND NOTES FOR
THE YOUTH FACILITIES IMPROVEMENT FUND; TO AMEND THE PUBLIC
AUTHORITIES LAW, IN RELATION TO THE ISSUANCE OF BONDS AND NOTES FOR THE
PURPOSE OF FINANCING PEACE BRIDGE PROJECTS AND CAPITAL COSTS OF STATE
AND LOCAL HIGHWAYS; TO AMEND THE URBAN DEVELOPMENT CORPORATION
ACT, IN RELATION TO THE ISSUANCE OF BONDS FOR ECONOMIC DEVELOPMENT
INITIATIVES; TO AMEND PART Y OF CHAPTER 61 OF THE LAWS OF 2005,
RELATING TO PROVIDING FOR THE ADMINISTRATION OF CERTAIN FUNDS AND
ACCOUNTS RELATED TO THE 2005-2006 BUDGET, IN RELATION TO THE ISSUANCE
OF BONDS AND NOTES FOR THE PURPOSE OF FINANCING CAPITAL PROJECTS FOR THE
DIVISION OF MILITARY AND NAVAL AFFAIRS AND INITIATIVE OF THE STATE
POLICE; TO AMEND THE PUBLIC AUTHORITIES LAW, IN RELATION TO THE
ISSUANCE OF BONDS AND NOTES FOR THE PURPOSE OF FINANCING THE
CONSTRUCTION OF THE NEW YORK STATE AGRICULTURE AND MARKETS FOOD
LABORATORY; TO AMEND THE PUBLIC AUTHORITIES LAW, IN RELATION TO
AUTHORIZATION FOR THE ISSUANCE OF BONDS FOR THE CAPITAL RESTRUCTURING
FINANCING PROGRAM, THE HEALTH CARE FACILITY TRANSFORMATION PROGRAMS,
AND THE ESSENTIAL HEALTH CARE PROVIDER PROGRAM; TO AMEND THE PUBLIC
AUTHORITIES LAW, IN RELATION TO THE ISSUANCE OF BONDS OR NOTES FOR THE
PURPOSE OF ASSISTING THE METROPOLITAN TRANSPORTATION AUTHORITY IN THE
FINANCING OF TRANSPORTATION FACILITIES; TO AMEND PART D OF CHAPTER 389
OF THE LAWS OF 1997, RELATING TO THE FINANCING OF THE CORRECTIONAL
21
NYS ASSEMBLY MAY 8, 2025
FACILITIES IMPROVEMENT FUND AND THE YOUTH FACILITY IMPROVEMENT
FUND, IN RELATION TO THE ISSUANCE OF CERTAIN BONDS AND NOTES; TO AMEND
THE PUBLIC AUTHORITIES LAW, IN RELATION TO FUNDS FOR THE DEPARTMENT OF
HEALTH AND FINANCING THROUGH THE DORMITORY AUTHORITY; TO AMEND THE
PUBLIC HEALTH LAW, IN RELATION TO THE DEPARTMENT OF HEALTH INCOME
FUND; TO AMEND CHAPTER 174 OF THE LAWS OF 1968 CONSTITUTING THE
URBAN DEVELOPMENT CORPORATION ACT, IN RELATION TO PERSONAL INCOME
TAX REVENUE ANTICIPATION NOTES; TO AMEND THE STATE FINANCE LAW, IN
RELATION TO CERTAIN REVENUE BONDS; TO REPEAL CERTAIN PROVISIONS OF THE
STATE FINANCE LAW RELATING TO THE ACCIDENT PREVENTION COURSE INTERNET,
AND OTHER TECHNOLOGY PILOT PROGRAM FUND, RELATING TO THE REQUIRED
CONTENTS OF THE BUDGET, RELATING TO THE DEPOSIT OF RECEIPTS DERIVED FROM
CERTAIN INDIRECT COST ASSESSMENTS AND RELATING TO THE NEW YORK STATE
STORM RECOVERY CAPITAL FUND; TO REPEAL CERTAIN PROVISIONS OF THE
URBAN DEVELOPMENT CORPORATION ACT RELATING TO FUNDING PROJECT COSTS
FOR RESTORING STATE PROPERTIES DAMAGED AS A RESULT OF STORM SANDY; AND
PROVIDING FOR THE REPEAL OF CERTAIN PROVISIONS UPON EXPIRATION THEREOF
(PART MM).
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.
22
NYS ASSEMBLY MAY 8, 2025
MR. PRETLOW: THE BILL THAT WE WILL HAVE BEFORE
US IS TO ENACT MAJOR COMPONENTS OF LEGISLATION THAT IS NECESSARY TO
IMPLEMENT THE STATE FISCAL YEAR '25-'26 BUDGET AS IT PERTAINS TO THE
EDUCATION, LABOR AND FAMILY ASSISTANCE BUDGETS.
ACTING SPEAKER HUNTER: MR. RA.
MR. RA: THANK YOU, MADAM SPEAKER. WILL CHAIR
PRETLOW YIELD?
ACTING SPEAKER HUNTER: WOULD THE CHAIR
YIELD?
MR. PRETLOW: YES, I WILL.
ACTING SPEAKER HUNTER: THE CHAIR YIELDS.
MR. RA: SO, GIVEN THAT WE NOW HAVE SOME OF THE
FINANCIAL PLAN INFORMATION, THE FINANCIAL PLAN INFORMATION WE'VE BEEN
LOOKING FOR EVEN THOUGH WE STILL HAVE MANY BILLS TO COME IN TERMS OF
OUR APPROPRIATION BILLS, I -- I THINK NOW WOULD BE AN APPROPRIATE TIME
THAT WE GO THROUGH SOME OF THESE GENERAL QUESTIONS WITH REGARD TO THIS
BUDGET AND -- AND THE FINANCIAL PLAN.
SO TO START, CAN YOU GIVE US, ON AN ALL-FUNDS BASIS,
THE SPENDING NUMBER AND HOW THAT COMPARES TO LAST YEAR'S CLOSEOUT
AND THE EXECUTIVE PROPOSAL?
MR. PRETLOW: YES. THIS IS A $254.3 BILLION
ALL-FUNDS BUDGET, WHICH IS AN INCREASE OF $2.3 BILLION OVER THE
EXECUTIVE'S PROPOSAL AND $12.9 BILLION OR 5.3 PERCENT OVER STATE FISCAL
YEAR '24-'25. THIS IS LARGELY ATTRIBUTED TO COMMITMENTS OF $792
MILLION FOR PUBLIC PROTECTION, $650 MILLION IN MEDICAID, $621 MILLION
23
NYS ASSEMBLY MAY 8, 2025
IN HUMAN SERVICES, $297 MILLION IN SCHOOL AID, $149 MILLION FOR
HIGHER EDUCATION, AND $207 MILLION FOR OTHER VARIOUS PROGRAMS.
MR. RA: OKAY. DO WE KNOW HOW MUCH THIS BUDGET
SPENDS ON A STATE OPERATING FUND BASE?
MR. PRETLOW: STATE OPERATING FUNDS IS $163.5
BILLION, WHICH IS AN INCREASE OF $2.3 BILLION OVER THE EXECUTIVE'S
PROPOSAL OF -- AND $15.5 BILLION OR 10.5 PERCENT OVER STATE FISCAL YEAR
'24-'25.
MR. RA: OKAY. AND THEN GENERAL FUND?
MR. PRETLOW: GENERAL FUND IS $126.6 BILLION,
WHICH IS AN INCREASE OF $10.3 BILLION OVER THE EXECUTIVE'S PROPOSAL,
AND $18 BILLION OR 16.5 PERCENT OVER STATE FISCAL YEAR '24-'25. THIS
MONEY IS MOSTLY ATTRIBUTED TO AN $8 BILLION PAYMENT IN STATE
UNEMPLOYMENT INSURANCE TRUST FUND DEBT, AND COMMITMENTS TO
PUBLIC PROTECTION, MEDICAID, HUMAN SERVICES, SCHOOL AID AND VARIOUS
OTHER PROGRAMS.
MR. RA: OKAY. AND THEN WITH REGARD TO OUR OUT-
YEAR GAPS OR SURPLUSES, WHAT ARE -- WHAT ARE -- WELL, AS IS REQUIRED, THIS
BUDGET IS BALANCED FOR THIS FISCAL --
MR. PRETLOW: YOU MEAN THE GAP CLOSING PLAN?
MR. RA: THE -- THE --
MR. PRETLOW: THE ENACTED '26-'27 BUDGET GAP IS
ESTIMATED AT $6.7 BILLION. THE EXECUTIVE ESTIMATES THE BUDGET GAP IS
6.5-, SO THE ENACTED IS $192 MILLION OVER THE EXECUTIVE'S PREDICTIONS.
THE ENACTED '27-'28 BUDGET GAP IS ESTIMATED AT $10.5 BILLION, WHICH IS
24
NYS ASSEMBLY MAY 8, 2025
$700 MILLION OVER THE GOVERNOR'S PROPOSALS. AND THE '28-'29 BUDGET
GAP IS ESTIMATED AT $11.7 BILLION, WHICH IS ESTIMATED AT $671 MILLION
OVER THE EXECUTIVE'S PROPOSALS.
MR. RA: OKAY. SO THE CUMULATIVE OUT -- OUT-YEAR
DEFICIT AT THE TIME THE EXECUTIVE WAS ABOUT $27 BILLION. SO, IN -- IN
TOTAL, DO YOU KNOW WHAT IT CALCULATES OUT TO IN THE ENACTED?
MR. PRETLOW: ABOUT 28.5 BILLION.
MR. RA: OKAY. THANK YOU. ALL RIGHT.
NOW, I KNOW THAT ONE OF THE -- ACTUALLY, HOLD ON ONE
SECOND. I'M GONNA -- DEBT. CAN YOU GIVE ME THE DEBT OUTSTANDING AND
WHAT THE INCREASE IS FROM LAST YEAR?
MR. PRETLOW: THE DEBT OUTSTANDING FOR STATE
FISCAL YEAR '26 IS $63.5 BILLION. YOU WANT '27 ALSO, ALL THE YEARS?
FISCAL YEAR '27 IS $73 BILLION, FISCAL YEAR '28 IS $81.9 BILLION, FISCAL YEAR
'29 IS $89.9 BILLION, AND FISCAL YEAR 2030 IS $97.5 BILLION.
MR. RA: OKAY. AND HOW MUCH DO WE HAVE LEFT
UNDER THE DEBT CAP FOR FISCAL YEAR 2026?
MR. PRETLOW: THE DEBT CAP FOR '25-'26 REMAINING
IS $20.7 BILLION.
MR. RA: OKAY. AND THE NUMBER YOU JUST GAVE ME
FOR 2030, IS THAT WHEN WE GET THE CLOSEST TO THE CAP AND WHAT -- HOW
MUCH THEY --
MR. PRETLOW: YES, AT 2030 WE SHOULD BE AROUND
(INDISCERNIBLE) BILLION.
MR. RA: OKAY. THANK YOU. AND HOW -- HOW MUCH
25
NYS ASSEMBLY MAY 8, 2025
IS THE DEBT ISSUANCE OF THIS BUDGET?
MR. PRETLOW: OKAY. THE -- THE SUPPORTED DEBT
ISSUANCE FOR THIS YEAR IS $8.9 BILLION, WHICH IS AN INCREASE OF 3.1 BILLION
OVER FISCAL YEAR 2025.
MR. RA: OKAY. GREAT.
IN TERMS OF THE RESERVES, I -- I KNOW WE MENTIONED
THERE -- THE MOVING OF MONEY WITH REGARD TO THE UNEMPLOYMENT
INSURANCE PAYMENT TO PAY OFF THAT DEBT. SO WHERE -- WHERE'S THIS
BUDGET LEAVE US WITH REGARD TO THE RESERVE FUNDS; THE ECONOMIC
UNCERTAINTIES FUND, THE RAINY DAY RESERVE FUND AND THE TAX
STABILIZATION FUND?
MR. PRETLOW: YOU'RE SPEAKING AFTER WE DISBURSE
THE $8 BILLION?
MR. RA: YES.
MR. PRETLOW: OKAY. WE'RE LOOKING AT
CONTINGENCY FUND RESERVE IS $8.138 BILLION, AND THE RESERVE FOR
ECONOMIC INSECURITY BE $3.347 BILLION, AND THE UNDESIGNATED FUND
BALANCE BE $9.615 BILLION.
MR. RA: AND I KNOW THE GOVERNOR HAS -- HAS TOUTED
IN RECENT YEARS HAVING THE STATE MAINTAIN 50 PERCENT RESERVE LEVELS. I
WOULD ASSUME THAT WITH THAT MOVEMENT OF THE $8 BILLION, THAT THAT
NUMBER IS DIPPING DOWN. IS THERE ANY PLAN HERE TO START TO MOVE BACK
TOWARDS HAVING THAT NUMBER TO MAINTAIN A 15 PERCENT RESERVE?
MR. PRETLOW: WELL, THE GOVERNOR'S GOAL IS TO DO
THE 50 PERCENT RESERVE AND WE DID HAVE THAT. BUT THE -- WE IN THE
26
NYS ASSEMBLY MAY 8, 2025
LEGISLATURE FELT IT MORE IMPORTANT THAT WE REDUCE THE UNEMPLOYMENT
INSURANCE DEFICIT THAT WE HAD SO WE CAN GO THROUGH WITH WHAT WE
WE'RE INTENDING TO DO, WHICH IS TO RAISE THE MAXIMUM ON THE
UNEMPLOYMENT INSURANCE AND -- AND REDUCE THE PAYMENTS THAT MANY
OF OUR SMALL BUSINESSES IN THE STATE OF NEW YORK ARE BEING REQUIRED TO
PAY BECAUSE OF THIS $8 BILLION DEFICIT THAT THE STATE HAD INCURRED DUE TO
THE COVID-19 PANDEMIC.
MR. RA: AND IS -- IS THE UI DEBT THE ONLY THING WE'RE
USING RESERVE FUNDS TO PAY? ARE WE USING RESERVE FUNDS FOR ANY OTHER
SPENDING IN THIS BUDGET?
MR. PRETLOW: AS FAR AS I KNOW, WE'RE ONLY USING
IT FOR THE UNEMPLOYMENT INSURANCE DEBT.
MR. RA: OKAY.
AND THERE WAS A SHORT-TERM LIQUIDITY PROPOSAL IN THE
ONE-HOUSE -- I'M SORRY, IN THE EXECUTIVE THAT WE'VE SEEN IN THE PAST
THAT THE ONE-HOUSE REJECTED. WHERE -- WHERE DID WE LAND ON THAT
PROPOSAL WITH REGARD TO THE ENACTED BUDGET? THAT WOULD BE THE $3
BILLION SHORT-TERM LIQUIDITY FINANCING.
MR. PRETLOW: I BELIEVE WE ENDED UP THERE, BUT AT
$3 BILLION FOR ONE YEAR.
MR. RA: OKAY. AND IS -- IS ANYTHING ACCOUNTED FOR
IN THE FINANCIAL PLAN WITH -- WITH THE NEED TO USE THIS AUTHORITY?
MR. PRETLOW: NO.
MR. RA: THANK YOU.
LASTLY, I JUST WANT TO GET INTO -- AND I THINK WE'LL HAVE
27
NYS ASSEMBLY MAY 8, 2025
PROBABLY MORE EXTENSIVE CONVERSATIONS WITH REGARD TO THIS IN THE
APPROPRIATION BILLS -- BUT WHAT ARE THE INITIATIVES BEING DONE WITH
REGARD TO DEALING WITH POTENTIAL FEDERAL CUTS IN THIS BUDGET?
MR. PRETLOW: WE'RE REALLY NOT ADDRESSING
POTENTIAL CUTS, BECAUSE LIKE I SAID YESTERDAY IN OUR DEBATE, THAT I'M
DEPENDING ON OUR COLLEAGUES IN THE UNITED STATES CONGRESS TO FIGHT
BACK WITH THOSE ONEROUS CUTS THAT WE HEAR, I'M CALLING THEM RUMORS
RIGHT NOW. AND IF, IN FACT, THEY FAIL US, THEN WE MAY BE REQUIRED TO DO
SOMETHING IN THE FUTURE TO ADJUST THE CURRENT BUDGET BEFORE US.
MR. RA: OKAY. BUT WE -- WE ARE GOING TO BE SEEING
IN THE APPROPRIATION BILLS SOME AUTHORITY FOR THE DEPARTMENT OF BUDGET
[SIC] TO MAKE ADJUSTMENTS?
MR. PRETLOW: YES, JUST FOR THE THINGS THAT WE
KNOW ARE GOING TO HAPPEN.
MR. RA: OKAY. THANK YOU. ALL RIGHT. I THINK THAT'S
IT FOR THE GENERAL FINANCIAL PLAN QUESTIONS. SO, I'M GONNA JUST MOVE ON
TO THIS PARTICULAR BUDGET BILL. THANK YOU FOR -- FOR ANSWERING THOSE --
THOSE QUESTIONS.
SO, I WANT TO START WITH, YOU KNOW, ONE OF THE THINGS
THAT IS -- WELL ACTUALLY, GENERALLY SPEAKING, IT'S -- IT'S ALWAYS GOOD WHEN
EDUCATION IS IN ELFA. WE'VE HAD MANY TIMES THAT EDUCATION HAS --
PIECES HAVE FOUND THEIR WAYS INTO -- TO OTHER BILLS WITHOUT ELFA. SO,
LET'S START WITH REGARD TO EDUCATION FUNDING, FOUNDATION AID. WE WENT
THROUGH AN EXERCISE AS THE RESULT OF LAST YEAR'S BUDGET TO DO -- TO HAVE
THE ROCKEFELLER INSTITUTE DO A STUDY AND COME BACK WITH -- WITH SOME
28
NYS ASSEMBLY MAY 8, 2025
INFORMATION TO THE LEGISLATURE. THE GOVERNOR IN HER EXECUTIVE BUDGET
PROPOSAL TOOK SOME PIECES OF THAT IN HER PROPOSAL, BUT CERTAINLY NOT
ANYWHERE NEAR ALL OF THEM. WHERE DID WE END UP IN TERMS OF CHANGES
TO THE FOUNDATION AID FORMULA TO THIS BUDGET?
MR. PRETLOW: WELL, THE -- THE TOTAL COST IS GOING
TO BE $37.6 BILLION. THAT'S AN INCREASE OF 304 MILLION OVER THE
EXECUTIVE AND 1.7 BILLION OVER THE PRIOR YEAR.
MR. RA: OKAY. DID WE --
MR. PRETLOW: (INDISCERNIBLE) FOUNDATION -- I'M
SORRY, THE FOUNDATION AID BREAKDOWN IS $26.4 BILLION. THAT'S $1.4
BILLION OVER THE '24-'25 SCHOOL YEAR AND $119 MILLION OVER THE
EXECUTIVE.
MR. RA: OKAY. DID -- DOES THE ENACTED BUDGET
ACCEPT THE GOVERNOR'S CHANGES TO THE FOUNDATION AID FORMULA?
MR. PRETLOW: THE LEGIS -- THE LEGISLATURE
ACCEPTS THE GOVERNOR'S FORMULA CHANGES WITH SOME SMALL EXCEPTIONS.
WOULD YOU LIKE THE EXCEPTIONS?
MR. RA: SURE.
MR. PRETLOW: OKAY. THE -- WE'RE REPLACING THE
CENSUS POVERTY DATA IN SMALL AREA INCOME QUALITY ESTIMATES, AND WE'RE
ACCEPTING -- WE'RE REPLACING THE FREE AND REDUCED-PRICED LUNCH FOR THE
ECONOMICALLY-DISADVANTAGED STUDENTS. WE'RE ACCEPTING AN EXECUTIVE
CHANGE INCREASING THE STATE SHARING RATIO MAXIMUM FROM .91 TO .93
PERCENT, AND WE'RE ACCEPTING THE EXECUTIVE'S CHANGE OF A 2 PERCENT
MINIMUM INCREASE. WE'RE ACCEPTING THE SECOND-TIER STATE FUNDING
29
NYS ASSEMBLY MAY 8, 2025
SHARE RATIO AT .628 AS -- OF THE EXECUTIVE PROPOSAL OF 6.15 -- I'M SORRY,
6.16. WE'RE INCREASING THE WESTCHESTER REGIONAL COST INDEX TO 1.351,
WHICH IS ACTUALLY COSTING $19.5 MILLION OF INCREASE TO THE WESTCHESTER
SCHOOL DISTRICTS. AND WE'RE INCREASING THE ENGLISH LANGUAGE LEARNERS
WEIGHT RATIO FROM .50 TO .53 PERCENT, WHICH AMOUNTS TO $51.5 MILLION.
MR. RA: OKAY. SO, ONE OF THE ROCKEFELLER INSTITUTE
RECOMMENDATIONS WAS REPLACING THE CURRENT ENGLISH LANGUAGE LEARNER
WEIGHTING OF 50 CENT -- 50 PERCENT WITH A SCALED ADJUSTMENT BASED ON
INSTRUCTIONAL SERVICE HOURS NEEDED. SO, HOW DOES -- HOW DOES WHAT
WE'VE -- WE'VE DONE WITH REGARD TO ELLS COMPARE TO -- TO THAT
RECOMMENDATION?
MR. PRETLOW: WE'RE TAKING A LOOK AT ALL OF THE
YEARS AND WE'RE TAKING THE HIGHEST YEAR AND USING THAT AS A GUIDE FOR
THE DISTRIBUTION TO ALL.
MR. RA: OKAY. AND DURING THE NEGOTIATIONS, THERE
WAS ALSO SOME TALK REGARDING A ROCKEFELLER INSTITUTE RECOMMENDATION
TO UPDATE HOW ADJUSTED FOUNDATION AID AMOUNT IS CALCULATED. WE
DON'T HAVE THAT IN THIS BUDGET, CORRECT?
MR. PRETLOW: NO.
MR. RA: AND WHEN THE EXECUTIVE BUDGET WAS
RELEASED, MY UNDERSTANDING THAT -- WAS THAT THERE WERE APPROXIMATELY
24 DISTRICTS, WHICH INCLUDED NEW YORK CITY, WHOSE FOUNDATION AID
INCREASE WAS SMALLER THAN IT WOULD'VE OTHERWISE BEEN DUE TO CHANGES
MADE TO THE POVERTY COUNT DATA. BASED ON THE CHANGES IN THE FINAL
BUDGET, DO WE KNOW HOW THIS COMPARES, HOW MANY DISTRICTS WILL
30
NYS ASSEMBLY MAY 8, 2025
RECEIVE A SMALLER FOUNDATION AID INCREASE THAN THEY WOULD HAVE IF WE
-- IF WE KEPT THE CURRENT POVERTY COUNT DATA?
MR. PRETLOW: I BELIEVE THAT'S 18.
MR. RA: THANK YOU.
THE BOCES AIDABLE SALARY INCREASE. OBVIOUSLY,
SOMETHING THAT SO MANY OF US HAVE TALKED ABOUT FOR YEARS. MANY
THOUGHT WE'D NEVER SEE THE DAY, SO KUDOS FOR -- FOR THAT TO -- TO
EVERYBODY WHO'S ADVOCATED FOR THAT. DOES THIS INCREASE THE AIDABLE
SALARY CAP TO ALL BOCES EMPLOYEES OR JUST CTE INSTRUCTORS?
MR. PRETLOW: I BELIEVE IT'S ALL.
MR. RA: OKAY. AND AM I CORRECT WE ARE -- WE'RE
WAITING UNTIL THE 2026-'27 SCHOOL YEAR TO BEGIN THE PHASE-IN?
MR. PRETLOW: YES.
(BUZZER SOUNDS)
ACTING SPEAKER HUNTER: ARE YOU GONNA TAKE
YOUR SECOND 15?
MR. RA: YES, MADAM SPEAKER, THANK YOU.
ACTING SPEAKER HUNTER: OKAY.
MR. RA: SO, IT WON'T BEGIN IN THE SCHOOL YEAR THAT
STARTS THIS FALL --
MR. PRETLOW: NO.
MR. RA: -- IT WILL BE THE FOLLOWING SCHOOL YEAR.
MR. PRETLOW: NEXT -- NEXT SCHOOL YEAR.
MR. RA: AND THEN IT IS A THREE-YEAR PHASE-IN?
MR. PRETLOW: YES.
31
NYS ASSEMBLY MAY 8, 2025
MR. RA: UP TO 60,000, CORRECT?
MR. PRETLOW: YES.
MR. RA: OKAY. THANK YOU.
DO WE KNOW WHAT THE ANNUAL FISCAL IMPACT OF
INCREASING THE AIDABLE BOCES SALARY CAP DURING THIS PHASE-IN PERIOD
WILL BE?
(CONFERENCING)
MR. PRETLOW: OKAY. THAT WAS NOT DETERMINED
RIGHT NOW, WE'LL LOOK AT THAT WHEN WE DO -- DOING NEXT YEAR'S SCHOOL
BUDGETS.
MR. RA: OKAY. THANK YOU.
UPK. THERE WAS A -- A REPORT FROM SED IN DECEMBER
ON STREAMLINING THE UPK PROGRAM WHICH HIGHLIGHTED THAT MANY
DISTRICTS ARE LEAVING A PORTION OF THEIR UPK ALLOCATIONS UNSPENT
BECAUSE THE STATE REIMBURSEMENT RATE FALLS WELL BELOW THE PREVAILING
MARKET RATE FOR COMPARABLE CHILDCARE SLOTS. HAVE WE MADE CHANGES TO
THE UPK PROGRAM AND -- AND ITS FUNDING?
MR. PRETLOW: WE HAD TALKED ABOUT IT, WE HAVE
NOT MADE ANY CHANGES IN THIS SCHOOL FISCAL YEAR, AND DISCUSSIONS ARE
ONGOING.
MR. RA: OKAY. SO, THE -- THE AIDABLE AMOUNT WOULD
-- WILL REMAIN THE SAME AS IT HAS BEEN?
MR. PRETLOW: YES.
MR. RA: THANK YOU.
THE ZERO-EMISSION SCHOOL BUS ISSUE. CAN YOU GO
32
NYS ASSEMBLY MAY 8, 2025
THROUGH THE CHANGES THERE WITH REGARD TO THE ZERO-EMISSION SCHOOL BUS
MANDATE?
MR. PRETLOW: OKAY. IN OUR CURRENT PROPOSED
BUDGET BEFORE US WE'RE PROVIDING UP TO TWO EXTENSIONS OF UP TO 24
MONTHS EACH TO SCHOOL DISTRICTS THAT ARE UNABLE TO MEET THE 2027
MANDATE TO PURCHASE ONLY ZERO-EMISSION BUSES, AND WE'RE REQUIRING
ANY ENTITY SELLING ZERO-EMISSION BUSES TO DISTRICTS OR CONTRACTORS TO
PROVIDE -- PROVIDING TRANSPORTATION SERVICES TO NEW YORK, TO PROVIDE
INDEPENDENT RANGE ESTIMATES TO SUCH BUSES PRIOR TO THEIR SALE.
MR. RA: OKAY. DOES THIS BUDGET INCLUDE ANY
ADDITIONAL FUNDING TO HELP OFFSET THE COST FOR SCHOOL DISTRICTS IN
PURCHASING THESE BUSES?
MR. PRETLOW: THERE IS SOME FUNDING IN THE
CAPITAL BUDGET.
MR. RA: AND CAN YOU EXPLAIN THE CHANGE THAT WE'RE
MAKING TO THE TRANSPORTATION AID FORMULA IN TERMS OF REDUCING AID FOR
ZERO-EMISSION SCHOOL BUS PURCHASES THAT ARE SUBSIDIZED BY
ENVIRONMENTAL VOUCHERS?
(CONFERENCING)
MR. PRETLOW: OKAY. WE JUST HAVE A TECHNICAL
CHANGE THAT'S CONFORMING WITH CURRENT PRACTICES.
MR. RA: OKAY. AND THEN THERE IS -- THE INDEPENDENT
RANGE ESTIMATE PROVISION REQUIRES ZERO-EMISSION SCHOOL BUS SELLERS TO
RETROACTIVELY PROVIDE RANGE ESTIMATES TO CUSTOMERS IF THEY -- IF THEY
HAVE A RANGE ESTIMATE AFTER JANUARY 1ST, 2026 FOR ANY MODEL OF BUS
33
NYS ASSEMBLY MAY 8, 2025
SOLD. IS THERE A CUTOUT FOR HOW FAR BACK THE SELLERS (INDISCERNIBLE/
CROSS-TALK) --
MR. PRETLOW: WELL, IN NEW YORK IT IS NOT RETRO --
IT IS NOT RETROACTIVE, IT'S -- WE'LL USE THE CURRENT.
MR. RA: OKAY. THANK YOU.
SUBSTANTIAL EQUIVALENCY. THIS HAS BEEN AN OFTEN
TALKED-ABOUT TOPIC. IT'S SOMETHING THAT WE'VE HEARD POP UP IN PREVIOUS
BUDGETS, PREVIOUS END-OF-SESSIONS. CAN YOU EXPLAIN THE CHANGES WE'RE
MAKING WITH REGARD TO THE SUBSTANTIAL EQUIVALENCY STANDARD FOR
NON-PUBLIC SCHOOLS?
MR. PRETLOW: OKAY. WELL, WHAT THIS LEGISLATION
DOES IS CODIFY SEVEN PATHWAYS FOR A SCHOOL TO, YOU KNOW, COME UNDER
A SUBSTANTIAL EQUIVALENCY FOR NON-PUBLIC SCHOOLS TO ACHIEVE SUBSTANTIAL
EQUIVALENCY. THE PATHWAYS INCLUDE A NON-PUBLIC HIGH SCHOOL THAT IS
REGISTERED WITH THE BOARD OF REGENTS OR A NON-PUBLIC SCHOOL WITH A
REGISTERED HIGH SCHOOL, A STATE-APPROVED PRIVATE SPECIAL EDUCATION
SCHOOL OR CERTAIN STATE-OPERATED OR STATE-SUPPORTED SCHOOL, ACCREDITED
OR PROVISIONAL ACCREDITATION, PARTICIPATION IN THE INTERNATIONAL
BACCALAUREATE PROGRAM, A NON-PUBLIC SCHOOL WITH INSTRUCTION THAT IS
APPROVED BY THE U.S. GOVERNMENT FOR INSTRUCTION ON A MILITARY BASE OR
ACADEMY, AND THERE ARE ALSO TWO PATHWAYS USING YEAR-END
SUMMARATIVE [SIC] OR CUMULATIVE TESTS IN THE SAME SUBJECT AREAS AND
GRADE LEVELS AS NEW YORK STATE TESTING PROGRAM TEST WITH THE PHASE-
IN PERIOD ENDING IN 20 -- IN 2032 AND 2033 SCHOOL YEARS.
MR. RA: AND MY UNDERSTANDING IS A LOT OF THESE ARE
34
NYS ASSEMBLY MAY 8, 2025
CURRENTLY PATHWAYS THAT -- THAT ARE UTILIZED. SO, IT SEEMS REALLY THE
LARGEST CHANGE WOULD BE NOT HAVING THE LOCAL ENTITY LIKE THE BOCES OR
THAT WOULD CERTIFY THE NON-PUBLIC SCHOOL, CORRECT?
MR. PRETLOW: WELL, THAT -- THAT OPTION STILL EXISTS
IN REGS.
MR. RA: OKAY. THANK YOU.
(INDISCERNIBLE) CELL PHONE BAN. HOW DOES THIS
PROPOSAL OR THIS PROVISION IN THE ENACTED BUDGET DIFFER FROM THE
GOVERNOR'S PROPOSAL WHICH MANY DISTRICTS FELT WAS, YOU KNOW, LACKED
THE FLEXIBILITY TO -- TO ALLOW THEM TO DECIDE LOCALLY HOW TO IMPLEMENT
THIS?
MR. PRETLOW: WELL, I BELIEVE THIS IS A BILL TO BILL
BAN ON CELL PHONES IN PUBLIC SCHOOLS OR IN ALL SCHOOLS, AND THE DISTRICTS
THEMSELVES CAN DETERMINE WHAT METH -- METHODOLOGY THEY USE TO
ACHIEVE THAT.
MR. RA: OKAY. DOES -- DOES IT --
MR. PRETLOW: AND THAT WILL BE IN CONSULTATION
WITH THE LOCAL PEOPLE.
MR. RA: WELL, THAT'S WHAT I WAS GONNA -- SO -- SO
WHAT LOCAL PARTICIPATION AND LOCAL DISCUSSION IS REQUIRED BY THIS BILL FOR
WHEN -- WHEN A DISTRICT IS ADOPTING IT TO ENGAGE WITH TEACHERS, PARENTS,
STUDENTS AS THEY'RE COMING UP WITH WHAT THEIR POLICY IS GONNA LOOK LIKE
FOR THEIR PARTICULAR BUILDINGS?
MR. PRETLOW: WELL, THAT WILL BE LIKE AN EMPLOYEE
ORGANIZATIONS, YOU KNOW, SUCH AS UNIONS AND PARENT ORGANIZATIONS LIKE
35
NYS ASSEMBLY MAY 8, 2025
THE PTA.
MR. RA: OKAY. BUT THE -- THE PROVISIONS STILL --
MR. PRETLOW: AND THE -- AND THE STUDENTS WILL
ALSO HAVE SOME PARTICIPATION, IF I FAILED TO -- TO MENTION.
MR. RA: BUT -- BUT DO THE PROVISIONS REQUIRE
EXPLICITLY A FORMAL STAKEHOLDER ENGAGEMENT PROCESS?
MR. PRETLOW: NO, THE PROCESS ISN'T OUTLINED IN
THIS PROPOSAL.
MR. RA: OKAY. I THINK THAT'S IT FOR -- FOR LOWER
EDUCATION.
HIGHER EDUCATION. WE HAVE THE OPPORTUNITY PROMISE
SCHOLARSHIP FOR COMMUNITY COLLEGES, WHICH WOULD PROVIDE GRANTS FOR
TUITION, FEES, BOOKS AND SUPPLIES TO SUNY AND COMMUNITY COLLEGE
STUDENTS AGE 25 TO 55 PURSUING AN ASSOCIATE DEGREE IN HIGH-DEMAND
SUBJECTS. SO, I KNOW THE ORIGINAL PROPOSAL TALKED ABOUT SPECIFIC HIGH-
DEMAND SUBJECTS. DOES THIS -- IS THIS THE SAME LANGUAGE OR DOES IT
DIFFER FROM THAT?
MR. PRETLOW: NO, WE'RE USING THE GOVERNOR'S
PROPOSAL LANGUAGE.
MR. RA: OKAY. DOES -- DOES IT ALLOW FOR THAT LIST TO
BE EXPANDED IN ANY WAY OTHER THAN STATUTORILY?
MR. PRETLOW: YES, IT DOES.
MR. RA: AND WHO WOULD THAT BE AT DISCRETION OF,
SUNY OR...
MR. PRETLOW: THE DEPARTMENT OF LABOR.
36
NYS ASSEMBLY MAY 8, 2025
MR. RA: DO WE HAVE ANY SENSE OF HOW MANY
STUDENTS ARE EXPECTED TO BENEFIT FROM THIS NEW SCHOLARSHIP?
MR. PRETLOW: I -- I HOPE MANY, BUT I DON'T -- THAT
ACTUAL BE SUB -- SUBJECT TO APPROPRIATION.
MR. RA: OKAY. DO WE -- DO WE HAVE ANY SENSE WITH
REGARD TO THIS OR DOES THE LANGUAGE SAY ANYTHING IF THE DEPARTMENT OF
LABOR WERE TO CHANGE THIS LIST IS -- IS -- ONCE A STUDENT IS GIVEN THIS
SCHOLARSHIP, DOES THE STUDENT HAVE IT THROUGH THE END OF THEIR PROGRAM
EVEN IF THERE WAS, SAY, A CHANGE BY THE DEPARTMENT OF LABOR THAT THEY
DECIDED A FIELD WAS NOT AS IN DEMAND AS IT HAD BEEN BEFORE?
MR. PRETLOW: NO, THE STUDENT WILL MAINTAIN IT FOR
THE ENTIRE TWO-YEAR PERIOD.
MR. RA: OKAY. GREAT. AND AM I CORRECT, BECAUSE IT
PROVIDES FOR ALL OF THESE DIFFERENT, YOU KNOW, TUITION, FEES, BOOKS, IT'S --
IT'S NOT THE TYPE OF SCHOLARSHIP WE'VE SEEN LIKE THE EXCELSIOR THAT YOU
HAVE TO EXHAUST ANY OTHER TYPES OF AID THAT YOU MAY BE ELIGIBLE FOR
BEFORE YOU CAN UTILIZE IT? AND THE ELIGIBLE STUDENT, IF YOU'RE IN A
PROGRAM -- IF YOU MEET THE AGE REQUIREMENTS AND YOU'RE IN A PROGRAM
IN ONE OF THESE FIELDS, YOU'RE ELIGIBLE?
MR. PRETLOW: WELL, YOU'LL STILL BE REQUIRED TO
APPLY FOR OTHER AID, BUT THIS WILL FILL IN WHATEVER GAP IS THERE IF YOU
DON'T RECEIVE THAT OTHER ADDITIONAL AID.
MR. RA: OKAY. AND IS IT ANTICIPATED THAT -- YOU
KNOW, PRESUMABLY THESE ARE SUBJECTS THAT THERE IS GOING TO BE GOOD JOB
OPPORTUNITIES FOR THESE STUDENTS AFTER THEY FINISH. IS IT ANTICIPATED THAT
37
NYS ASSEMBLY MAY 8, 2025
THE DEPARTMENT OF LABOR WOULD WORK ALONGSIDE THESE -- THE
COMMUNITY COLLEGES TO PARTNER -- TO REALLY MATCH WITH POTENTIAL
EMPLOYERS FOR JOB PLACEMENT AFTER GRADUATION?
MR. PRETLOW: WELL, THAT -- THAT IS THE GOAL AND,
YOU KNOW, RIGHT NOW THE HIGH DEMAND FIELDS FOR THE '25-'26 ACADEMIC
YEAR ARE INCLUDED, BUT NOT LIMITED TO, ADVANCED MANUFACTURING,
TECHNOLOGY, CYBER SECURITY, ENGINEERING, ARTIFICIAL INTELLIGENCE, NURSING,
AND ALLIED HEALTH PROFESSIONALS -- PROFESSIONS, I SHOULD SAY -- GREENS
AND RENEWABLE ENERGY, AND PATHWAYS TO TEACHING IN SHORTAGE AREAS.
THE LIST OF FIELDS CAN BE UPDATED BY THE DEPARTMENT OF LABOR ANNUALLY
THEREAFTER.
MR. RA: OKAY.
TOTALLY DIFFERENT TOPIC AREA. THE CHILDCARE SUBSTITUTE
POOL. THIS WAS A PROPOSAL WE SAW IN THE EXECUTIVE BUDGET, OBVIOUSLY
THERE ARE OTHER CHILDCARE PROPOSALS OR FUNDING WITHIN THIS BUDGET.
HOW DOES THIS PROPOSAL COMPARE TO THE GOVERNOR'S PROPOSAL? IS THIS
THE GOVERNOR'S PROPOSAL OR IS IT DIFFERENT?
(CONFERENCING)
MR. PRETLOW: OKAY. I'M TOLD THAT THE ONLY
DIFFERENCE IS WE HAVE A NONPROFIT RUNNING THE POOL RATHER THAN A
PRIVATE COMPANY.
MR. RA: OKAY. AND HOW WILL OCFS DECIDE WHICH
RESOURCE AND REFERRAL PROGRAMS TO CERTIFY AS CHILDCARE SUPPORT CENTERS
TO FACILITATE THE PLACEMENT OF SUBSTITUTES?
(CONFERENCING)
38
NYS ASSEMBLY MAY 8, 2025
MR. PRETLOW: OKAY. THESE R&RS ALREADY EXIST
AND THEY WILL WORK THROUGHOUT THE STATE.
MR. RA: DO WE HAVE A SPECIFIC APPROPRIATION WITH
REGARD TO CREATING THE SUBSTITUTE POOL?
MR. PRETLOW: THREE MILLION DOLLARS.
MR. RA: THREE?
MR. PRETLOW: YES.
MR. RA: THANK YOU. AND HOW -- DO WE KNOW HOW
THIS WILL WORK WITH REGARD TO THE WORKERS? THEY WILL -- WILL THEY BE
PAID DIRECTLY BY ANY EMPLOYER THAT THEY'RE ASSIGNED TO THROUGH THE
SUBSTITUTE POOL?
MR. PRETLOW: YES.
MR. RA: OKAY. AND IS THERE ANY PLAN WITH REGARD TO
OFFERING GUIDANCE FOR THESE INDIVIDUALS GIVEN THAT THEY MAY BE NOW
GETTING PAID BY NUMEROUS DIFFERENT EMPLOYERS IN TERMS OF DEALING WITH
TAX IMPLICATIONS AND ULTIMATELY DOING THEIR -- THEIR TAXES AT THE END OF
THE YEAR?
MR. PRETLOW: YEAH, THERE IS HALF-A-MILLION-DOLLAR
CARVEOUT THAT'S GONNA BE USED FOR TECHNICAL ASSISTANCE.
MR. RA: OKAY.
I -- I -- THE LAST THING I WANT TO QUICKLY ASK ABOUT,
BECAUSE I'M RUNNING OUT OF TIME, IS THE MASK BAN.
MR. PRETLOW: SORRY, I DIDN'T HEAR YOU.
MR. RA: THE MASK BAN. SO, DO YOU KNOW HOW THIS
COMPARES TO -- AS -- AS YOU RECALL A FEW YEARS BACK, WE REPEALED A
39
NYS ASSEMBLY MAY 8, 2025
LONGSTANDING STATE STATUTE WITH REGARD TO MASKS DURING THE PANDEMIC.
HOW DOES THE LEVEL OF A CLASS B MISDEMEANOR COMPARE TO THAT LAW
THAT HAD PREVIOUSLY BEEN ON THE BOOKS IN NEW YORK STATE? IS IT THE
SAME LEVEL OF CRIME, IS IT LESS? IS IT HIGHER?
MR. PRETLOW: MR. RA, I'M GONNA DEFER THAT
QUESTION TO MY COLLEAGUE MR. JEFF DINOWITZ TO ANSWER.
MR. RA: SURE.
(PAUSE)
MR. DINOWITZ: OKAY. WELL, THE OLD LAW IS VERY
DIFFERENT THAN THIS LAW. AND, BY THE WAY, IT IS NOT A MASK BAN, IT NEVER
WAS A MASK BAN THAT WE WERE TALKING ABOUT. AND THE PEOPLE THIS YEAR
WHO WERE CALLING IT A MASK BAN WERE EITHER WRONG BECAUSE THEY DIDN'T
KNOW WHAT THEY WERE TALKING ABOUT OR THEY WERE JUST PLAIN OUT -- PLAIN
OUT LYING. SO, THIS IS NOT A MASK BAN. THE OLD LAW PROHIBITED MASKING,
AND IN PART IT WAS BECAUSE OF THINGS LIKE WHITE HOODS, BUT NOT ONLY THAT.
THIS IS A LITTLE DIFFERENT. IT -- IT GOES AT IT FROM THE POINT OF VIEW THAT IF
YOU'RE COMMITTING A CRIME -- IF YOU'RE COMMITTING A CRIME WHILE
MASKED, THAT'S AN ADDITIONAL PENALTY, OR IF YOU'RE MASKED AND THEN ARE
COMMITTING A CRIME, WHICH IS KIND OF THE SAME THING. OR IF YOU'RE
RUNNING AWAY FROM A CRIME, FLEEING A CRIME, THAT'S WHERE THIS COMES
IN. SO, FOR EXAMPLE --
ACTING SPEAKER HUNTER: THANK YOU, MR. RA.
MR. RA: I'M OUT OF TIME. THANK YOU, MR. DINOWITZ.
ACTING SPEAKER HUNTER: MR. TAGUE.
MR. TAGUE: THANK YOU, MADAM SPEAKER. WOULD
40
NYS ASSEMBLY MAY 8, 2025
THE CHAIR PLEASE ANSWER A FEW QUESTIONS? YOU WON'T HAVE TO REFER TO
MR. DINOWITZ OR MR. LAVINE, I PROMISE. THIS IS GONNA BE SHORT AND
SWEET.
ACTING SPEAKER HUNTER: MR. PRETLOW, WILL
YOU YIELD?
MR. PRETLOW: YES, I DO.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MR. TAGUE: ABOUT FOUR WEEKS AGO, YOU AND I HAD
A DISCUSSION AT THE VERY BEGINNING OF THIS PROCESS.
MR. PRETLOW: YES, SIR, AND I MADE A PREDICTION
AND LO AND BEHOLD IT CAME TO FRUITION.
MR. TAGUE: WELL, I THINK IT WAS MY PREDICTION THAT
WE WOULD HAVE WHITE SMOKE AT THE VATICAN BEFORE ALBANY. AND WE
HAVE POPE LEO XIV. WHAT A GREAT DAY TO BE A CATHOLIC, WHAT A GREAT
DAY TO BE AN AMERICAN. BUT I JUST WANTED TO SAY, ARE WE GONNA
CONTINUE THE DARK, GLOOMY SMOKE THAT'S COMING OUT OF ALBANY, OR ARE
WE GOING TO HAVE SOME WHITE SMOKE, MR. PRETLOW?
MR. PRETLOW: WHITE SMOKE.
MR. TAGUE: THANK GOD.
(LAUGHTER)
THANK YOU, AS ALWAYS, MR. PRETLOW. BUT I WANTED TO
MAKE SURE FOR THE RECORD THAT WE KNEW THAT I MADE THIS PREDICTION
ABOUT FOUR WEEKS AGO, AND THANK YOU SO MUCH.
MADAM SPEAKER, THANK YOU, AND LET'S GET THIS BUDGET
DONE, FOLKS.
41
NYS ASSEMBLY MAY 8, 2025
ACTING SPEAKER HUNTER: THANK YOU, MR.
TAGUE.
MR. SMULLEN.
MR. SMULLEN: THANK YOU, MADAM SPEAKER.
WOULD THE SPONSOR YIELD FOR A FEW QUESTIONS?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MR. PRETLOW: YES.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MR. SMULLEN: THANK YOU.
MR. PRETLOW, I'D LIKE TO DO A LITTLE BIT DEEPER DIVE INTO
SOMETHING THAT'S VERY IMPORTANT TO THE RURAL AREAS OF UPSTATE NEW
YORK AND THAT'S THE ELECTRIC SCHOOL BUS MANDATE. YOU SAID PREVIOUSLY
TO MY COLLEAGUE THAT WE'D COME TO A -- PERHAPS A TWO-YEAR PAUSE OR UP
TO A FOUR-YEAR PAUSE. HOW DID WE GET TO TWO OR FOUR YEARS? WHY NOT
TEN YEARS?
MR. PRETLOW: THIS WAS THE RESULT OF THE
NEGOTIATION BETWEEN THE LEGISLATURE AND THE EXECUTIVE, AND THIS IS
WHAT WE SETTLED ON.
MR. SMULLEN: SO, WAS THE INPUT OF THE VARIOUS
SCHOOL ORGANIZATIONS -- I'VE -- I'VE READ ALL THE MEMOS, AND UNIVERSALLY
ACROSS ALL OF THE ORGANIZATIONS THAT REPRESENT PUBLIC SCHOOLS,
PARTICULARLY IN REGARDS TO THIS MANDATE, THEY WERE URGING THAT IT BE
PAUSED. AND, IN FACT, WAS THERE A DISCUSSION THAT IT ACTUALLY BE GIVEN
AS AN OPT-OUT ABILITY FOR SCHOOLS TO BE ABLE TO SAY, LOOK, WE'RE NOT
42
NYS ASSEMBLY MAY 8, 2025
READY FOR THIS. CAN WE OPT OUT OF IT? WAS THAT DISCUSSED IN YOUR
NEGOTIATIONS?
MR. PRETLOW: I'M REALLY NOT SURE WHETHER THAT
WAS DISCUSSED AS I WAS NOT IN THAT ROOM. THERE ARE A LOT OF ISSUES
HAVING TO DO WITH THE MANDATE ON THE ELECTRIC SCHOOL BUSES. I'M PRETTY
SURE THAT MANY STAKEHOLDERS DID SUBMIT INFORMATION TO THE INDIVIDUALS
DOING THE NEGOTIATIONS AND IS THIS WHAT CAME OUT OF THE FINAL -- THIS IS
THE FINAL RESULT OF THE NEGOTIATIONS ON THE -- EXTENDING THE DEADLINE ON
ENACTING (INDISCERNIBLE).
MR. SMULLEN: WELL, I WOULD CERTAINLY HOPE THAT
THE LISTENING CONTINUES, BECAUSE THIS TWO-YEAR PAUSE, WHILE BENEFICIAL
IN THE -- IN THE SHORT-TERM BECAUSE THIS MANDATE WAS SUPPOSED TO TAKE
PLACE IN 2027, IT'S SOMETHING THAT'S -- THAT THE TECHNOLOGY ISN'T READY FOR
IT. WHAT IS YOUR -- WHAT IS YOUR ESTIMATE RIGHT NOW OF THE COSTS THAT THE
THESE PUBLIC SCHOOLS WILL HAVE -- ACROSS NEW YORK STATE WILL HAVE TO
EXPEND FOR THESE ELECTRIC SCHOOL BUSES IF THEY FULFILL THE MANDATE IN
TWO OR FOUR YEARS? WHAT'S THE COST ESTIMATES FROM YOUR --
MR. PRETLOW: WELL, EACH SCHOOL DISTRICT WOULD BE
DIFFERENT, BUT MY ESTIMATE IS THAT A SCHOOL -- ELECTRIC SCHOOL BUS COSTS --
COSTS AT LEAST TWICE AS MUCH AS A REGULAR DIESEL ONE, SO I WOULD THINK
THAT THEIR EXPENSES WOULD AT LEAST DOUBLE.
MR. SMULLEN: YEAH, SO THANK YOU FOR AT LEAST
SAYING IT WOULD DOUBLE. IT CAN BE SOMETIMES BETWEEN TWO OR THREE
TIMES THE ESTIMATES THAT I'VE BEEN GIVEN. AND WHAT WE'VE ALSO LEARNED
IS THAT THIS COULD COST BETWEEN $8- AND $15 BILLION, PARTICULARLY
43
NYS ASSEMBLY MAY 8, 2025
ONEROUS FOR THE RURAL SCHOOL DISTRICT. THIS IS A MATTER OF RURAL EQUITY.
I DID A VERY UNSCIENTIFIC POLL OF THE DISTRICTS IN UPSTATE
NEW YORK, AND UNIVERSALLY THEY SAID THAT IF THEY WERE ALLOWED TO OPT
OUT THEY WOULD ACTUALLY DO SO BECAUSE THE TECHNOLOGY ISN'T READY, THEY
DON'T HAVE THE MONEY FOR IT, AND THEY ALSO DON'T HAVE THE INFRASTRUCTURE
THAT GOES ALONG FOR IT.
HAVE THERE BEEN ANY ESTIMATES ON THE STATE? I SEE
THAT WE ARE FINALLY GETTING AROUND TO REQUIRING THE BUS COMPANIES TO
GIVE A GOOD FAITH ESTIMATE OF WHAT THE PERFORMANCES OF THEIR BUSES.
BUT HAVE WE GOTTEN ANY ESTIMATES ON WHAT IT WOULD COST TO UPGRADE THE
ELECTRICAL INFRASTRUCTURE OF ALL THE SCHOOL DISTRICTS IN NEW YORK STATE TO
COMPLY WITH THIS MANDATE?
MR. PRETLOW: THAT IS NOT PART OF THIS PROPOSAL.
THERE IS MONEY, I KNOW, IN THE CAPITAL PART OF THE BUDGET TO DO SOME
OF THAT, BUT I THINK THE EXPENSES THAT WILL BE NECESSITATED BY FULL
IMPLEMENTATION OF THE ELECTRIC SCHOOL BUSES WILL BE TREMENDOUS.
MR. SMULLEN: AND -- AND THAT WOULD BE SOME
SORT OF CAPITAL AID IN -- IN -- IN SCHOOL BUDGETS --
MR. PRETLOW: YES.
MR. SMULLEN: -- NOT TRANSPORTATION AID, CORRECT?
MR. PRETLOW: WELL, IT WOULD PROBABLY FALL UNDER
-- IT DEPENDS IF THE SCHOOL DISTRICT HAS THEIR OWN BUSES OR IF THEY USE A
SERVICE.
MR. SMULLEN: WELL, EITHER WAY THE TAXPAYERS ARE
GOING TO PAY FOR IT THROUGH INCREASED LEASE COSTS -- LEASE COSTS OR
44
NYS ASSEMBLY MAY 8, 2025
THEY'RE GONNA BUY THE BUSES THEMSELVES. SO, THE -- THE TAXPAYER IS
GOING TO HAVE TO PAY FOR IT THROUGH THE SCHOOL BUDGET ONE WAY OR THE
OTHER. THAT'S A -- THAT DOESN'T MATTER WHICH -- WHICH FINANCIAL SCHEME
YOU HAVE. BUT WHAT -- WHAT THE ACTUAL COST IS FOR THE ELECTRICAL
INFRASTRUCTURE. BECAUSE I'M GETTING ESTIMATES, AND THIS IS FROM A LOT OF
RURAL AREAS, THAT THE ACTUAL CHARGING INFRASTRUCTURE, THE GRID DOESN'T
HAVE THE ABILITY TO PROVIDE THAT ELECTRICITY. SO, WOULD THE -- THE COST OF
UPGRADING THE GRID, WOULD THAT BE INCLUDED IN THE ELECTRIC SCHOOL BUS
MANDATE COSTS?
MR. PRETLOW: WELL, IF THEY UPGRADE THE GRID
THOSE COSTS WOULD BE ON THE PROVIDERS OF THE ELECTRICITY. I GUESS THAT'S
WHY --
MR. SMULLEN: SO -- SO IT WOULD HAVE TO GO TO THE
PUBLIC SERVICE COMMISSION AND --
MR. PRETLOW: YES.
MR. SMULLEN: -- GET AN INCREASE IN WHAT THEY CAN
CHARGE IN ORDER TO PAY FOR THE UPSTREAM COSTS OF THOSE CHARGE -- THAT
CHARGING INFRASTRUCTURE.
MR. PRETLOW: WELL, I THINK IT'S MORE THAN JUST
WHAT THEY CHARGE FOR IT, IT'S THE ACTUAL -- THE ACTUAL PRODUCTION OF THE
ELECTRICITY. I DON'T THINK THAT WE HAVE THE CAPACITY AT THIS POINT TO
PRODUCE ENOUGH ELECTRICITY TO EVEN PUT INTO THESE CHARGERS.
MR. SMULLEN: YOU'RE RIGHT, WE DON'T HAVE THE
ABILITY TO PRODUCE THAT ELECTRICITY, AND THAT WOULD BE A GREAT REASON FOR
EXTENDING THIS MORATORIUM ON THIS MANDATE UP TO AT LEAST TEN YEARS TO
45
NYS ASSEMBLY MAY 8, 2025
BE ABLE TO SAY, LOOK, UNTIL WE KNOW THAT THE GRID IS READY TO BE
UPGRADED TO BE ABLE TO CHARGE THESE BUSES ACROSS NEW YORK STATE, TWO
YEARS ISN'T ENOUGH, FOUR YEARS ISN'T ENOUGH. LET'S ACTUALLY DO A
COST-BENEFIT ESTIMATE OF WHAT IT WOULD COST TO UPGRADE THE GRID AND
THEN TAKE THE COST OF THE SCHOOL BUSES IN CURRENT YEAR TERMS AND
ACTUALLY COST THEM OUT AND SEE WHAT THE -- WHAT THE TAXPAYERS CAN BEAR.
BECAUSE WHAT IS THE ESTIMATE THAT THE STATE IS GONNA PAY FOR
TRANSPORTATION AID FOR THESE ELECTRIC SCHOOL BUSES FOR OUR -- FOR OUR
SCHOOLS?
MR. PRETLOW: WELL, I'M PRETTY SURE THIS GOES BY
PERCENTAGE AND A PERCENTAGE IS DETERMINED BY THE NEED OF THE DISTRICTS;
HOW MANY STUDENTS ARE BEING TRANSPORTED, HOW FAR THEY'RE BEING
TRANSPORTED. SOME DISTRICTS RECEIVE 20 PERCENT REIMBURSEMENT FOR
COSTS, SOME RECEIVE 90 PERCENT, DEPENDING ON WHAT THE DISTRICT IS AND
WHERE -- AND WHERE THEY ARE. I DON'T SEE THAT PERCENTAGE CHANGING
BECAUSE WE'RE CHANGING THE TYPE OF BUSES THAT ARE BEING USED.
MR. SMULLEN: WELL, ACTUALLY THIS IS AN ADDITIONAL
COST, SO TRANSPORTATION AID WOULD HAVE TO INCREASE. SO WHAT IS THAT
AMOUNT THAT THE STATE IS GOING TO PUT INTO THE TRANSPORTATION AID IN THE
OUT-YEARS TO BE ABLE TO PAY FOR THESE BUSES?
MR. PRETLOW: WELL, LIKE I SAID, IT'LL
(INDISCERNIBLE) -- IT WILL PROBABLY BE THE SAME PERCENTAGE THAT THEY'RE
GETTING NOW REIMBURSEMENT FOR TRANSPORTATION AID. SOME DISTRICTS ARE
RECEIVING 20 PERCENT, SOME DISTRICTS ARE RECEIVING UP TO 80 PERCENT
REIMBURSEMENT FOR TRANSPORTATION COSTS. IT ALL DEPENDS ON THE DISTRICT,
46
NYS ASSEMBLY MAY 8, 2025
THE NUMBER OF STUDENTS BEING TRANSPORTED, THE DISTANCE OF THE -- THE
AGGREGATE DISTANCE THAT THE BUSES HAVE TO TRAVEL TO PICK UP THEIR
STUDENTS.
MR. SMULLEN: SURE. BUT THIS IS -- JUST -- JUST FOR
THE RECORD, THIS IS AN $8- TO $15 BILLION ADDITIONAL COST. RIGHT NOW
SCHOOL DISTRICTS ONLY GET ABOUT A BILLION DOLLARS OF TRANSPORTATION AID.
SO, WHEN THE STATE REQUIRES THIS MANDATE AND THEN DOESN'T PROVIDE
STATE MONEY TO ACTUALLY PAY FOR IT, THEN THE LOCAL PROPERTY TAXPAYERS
HAVE TO PICK UP THE BILL. AND UNFORTUNATELY IN RURAL AREAS -- AND -- AND
THIS IS WHAT THE RURAL EQUITY PROBLEM IS HERE, IS THAT THEY HAVE TO
CHOOSE BETWEEN EDUCATIONAL PROGRAMS THAT IS ACTUALLY PROVIDING
PROGRAM TO SCHOOLS, OR PAYING FOR THESE ADDITIONAL MANDATED
TRANSPORTATION COSTS. AND THAT'S WHAT'S PARTICULARLY FRUSTRATING AND
WHY, YOU KNOW, I THINK WE OUGHT TO EXTEND THIS WELL OUT INTO THE FUTURE
UNTIL THE GRID IS READY, UNTIL THE TECHNOLOGY IS READY FOR THE ACTUAL
BUSES.
I DID WANT TO TALK ABOUT THE TRUTH IN ADVERTISING FOR --
FOR BUS MANUFACTURERS. WE'VE ACTUALLY RECENTLY LOST ONE OF THE BUS
MANUFACTURERS THAT WAS MAKING THESE THINGS. HOW MANY BUSES ARE
MADE EACH YEAR TO BE ABLE TO RESPOND AT THIS DEMAND SIGNAL FROM RURAL
-- OR FROM -- FROM SCHOOLS TO BE ABLE TO BUY THESE BUSES? ARE THERE
ENOUGH BUSES OUT THERE RIGHT NOW TO BE BOUGHT?
MR. PRETLOW: I DON'T KNOW THE SIZE OF THE MARKET
FOR SCHOOL BUSES.
MR. SMULLEN: YEAH. I -- I'M -- I'M VERY
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NYS ASSEMBLY MAY 8, 2025
CONCERNED ABOUT THAT BECAUSE --
MR. PRETLOW: WELL, THERE IS A WAIVER THAT IF BUSES
AREN'T AVAILABLE, DISTRICTS WOULDN'T BE FORCED TO PURCHASE DISTRICTS [SIC]
FROM FARAWAY PLACES.
MR. SMULLEN: AND THAT WOULD BE UNFORTUNATE
BECAUSE WHEN THE SUPPLY CAN'T RESPOND TO THE DEMAND SIGNALS -- THIS IS
BASIC ECONOMICS -- THEN COSTS GO UP. SO WE MIGHT -- AND THAT MIGHT
NOT EVEN BE TWO TIMES AS MUCH, THREE TIMES AS MUCH, FOUR TIMES AS
MUCH, WE'RE JUST GONNA GET OURSELVES IN TO A -- A VERY DOUBLE BAD
PREDICAMENT FOR OUR SCHOOL DISTRICTS. OKAY. JUST -- THAT'S -- THAT'S IT FOR
ELECTRIC SCHOOL BUSES.
I JUST WANTED TO HIT VERY BRIEFLY ON THE SO-CALLED FREE
SCHOOL LUNCH PROGRAM. HOW MUCH IS THIS PROGRAM ACTUALLY GONNA COST
NEW YORKERS RIGHT NOW?
MR. PRETLOW: THE SCHOOL LUNCH TOTAL COST? $340
MILLION.
MR. SMULLEN: IS THAT IN ADDITION TO WHAT WE'RE
ALREADY PAYING, THE 150 MILLION THAT WE'RE ALREADY PAYING, OR IS THAT THE
TOTAL COST?
MR. PRETLOW: NO, THAT'S THE TOTAL.
MR. SMULLEN: TOTAL COST. AND WHERE DOES THAT
MONEY -- HOW IS IT BROKEN OUT IN A PERCENTAGE FROM -- ONE OF THE
REQUIREMENTS OF THE PROGRAM IS THAT WE BILL THE FEDS FOR THEIR SHARE OF
THEIR PROGRAM. HOW MUCH IS THAT GONNA BE MATCHED BY FEDERAL
MONEY?
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NYS ASSEMBLY MAY 8, 2025
MR. PRETLOW: THERE'S PROBABLY AROUND TWO --
WELL, I THINK THE AGGREGATE AMOUNT FROM THE FEDERAL GOVERNMENT IS $2
BILLION ANNUALLY.
MR. SMULLEN: SO, IT IS A SIGNIFICANT AMOUNT, THE --
MR. PRETLOW: YES.
MR. SMULLEN: -- THE AMOUNT OF MONEY THAT COMES
FROM (INDISCERNIBLE) THAT, YOU KNOW, THE ACTUAL SCHOOL LUNCH PROGRAM.
WHERE IS THIS SOURCED MATERIAL FOR THOSE SCHOOL LUNCHES REQUIRED BY
NEW YORK STATE? WHERE IS IT REQUIRED TO COME FROM?
MR. PRETLOW: THERE IS NO REQUIREMENT.
MR. SMULLEN: IS A CERTAIN PERCENTAGE OF IT
REQUIRED TO COME FROM NEW YORK STATE FARMS?
MR. PRETLOW: IT'S NOT REQUIRED.
MR. SMULLEN: IS THERE A GOAL?
MR. PRETLOW: I DON'T BELIEVE THAT WAS IN THE
CONVERSATION. I KNOW THAT WE DO PROMOTE NEW YORK PRODUCTS. AND
I'M PRETTY SURE THAT DISTRICTS WOULD USE LOCAL SOURCES FOR THEIR
INDIVIDUAL -- FOR THEIR SCHOOLS.
MR. SMULLEN: GREAT. THANK YOU VERY MUCH. I
REALLY APPRECIATE THAT SENTIMENT, MR. CHAIRMAN.
MADAM SPEAKER, MAY I GO ON THE BILL?
ACTING SPEAKER HUNTER: ON THE BILL, SIR.
MR. SMULLEN: SO, EVERYONE KNOWS THAT THERE'S NO
SUCH THING AS A FREE LUNCH. ANYBODY THAT STUDIED ECONOMICS IN ANY
ECONOMIC SCHOOL IN THE WESTERN WORLD. WHAT WE HAVE HERE IS WE'VE
49
NYS ASSEMBLY MAY 8, 2025
INCREMENTALLY GONE FROM A PROGRAM WHERE MOSTLY STUDENTS ARE --
WOULD BRING THEIR LUNCHES TO SCHOOL TO NOW WE'RE PROVIDING LUNCHES TO
THEM. AND, IN FACT, THERE'S ANOTHER PROVISION IN THIS BUDGET FOR NEARLY
UNIVERSAL PRE-K. AND WE'RE GETTING OURSELVES TO A SYSTEM WHERE OUR
STUDENTS FROM WHEN THEY'RE THREE TO FOUR YEARS OLD UNTIL THEY'RE 18 ARE
GONNA BE EATING CERTAINLY LUNCH, AND IF NOT THAT, THEN BREAKFAST IN OUR
PUBLIC SCHOOL SYSTEM. AND ONE OF THE THINGS THAT I WANNA MAKE SURE
THAT WE GET INTO THE CONVERSATION, AND I APPRECIATE THE CHAIRMAN'S
COMMENTS, IS THAT THAT FOOD BE VERY HIGH QUALITY, VERY NUTRITIOUS FOOD
WHICH IS GONNA BE THE MOST BENEFICIAL TO ENABLE LEARNING. IF WE AS A
SOCIETY, AS A -- AS A PEOPLE, ARE GONNA PAY FOR OUR CHILDREN'S LUNCHES
AND SOON THEIR BREAKFASTS FROM WHEN THEY'RE FROM PRE-K TO WHEN
THEY'RE 12 YEARS OLD, WE OUGHT TO BE HAVING THEM EAT GOOD, NUTRITIOUS,
IN MY MIND, NEW YORK FOODS. SO, I WOULD LIKE TO PROPOSE IN THIS
BODY AND -- AND LEGISLATION, THEY SHOULD BE OUR FARMS THAT PROVIDE OUR
FOOD FOR OUR SCHOOLS, AND THAT IT BE GOOD NEW YORK PRODUCTS; DAIRY
PRODUCTS, MEATS, CHEESES, YOGURTS, BEEF, PORK, CHICKEN, FRUITS,
VEGETABLES. AND THAT WE NEED AS A STATE, THROUGH OUR DEPARTMENT OF
AG AND MARKETS, TO BE ABLE TO INCENTIVIZE NEW YORK FARMERS, SMALL
AND LARGE, TO BE ABLE TO PROVIDE THESE MEALS TO OUR STUDENTS. THAT
WOULD MAKE SOME -- SOME SENSE OF WHAT WE'RE TRYING TO DO HERE IN THIS
BUDGET, WHICH IS TO PROVIDE UNIVERSAL MEALS FOR OUR STUDENTS IN
SCHOOLS. THAT WOULD BENEFIT NEW YORKERS AS A WHOLE, AND OUR
STUDENTS IN PARTICULAR.
ON THE ELECTRIC SCHOOL BUS MANDATE, THESE HAVE BEEN
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NYS ASSEMBLY MAY 8, 2025
SOLD TO US AS A ZERO-EMISSION SCHOOL BUS. THE TRUTH OF THE MATTER IS, IS
THAT THEY'RE ELECTRIC-POWERED SCHOOL BUSES, AND THERE IS NO SUCH THING
AS A ZERO-EMISSION SCHOOL BUS. THE ELECTRICITY TO POWER THEM MUST BE
MADE SOMEWHERE. IT MUST BE TRANSMITTED FROM ITS POINT OF GENERATION
TO WHERE THE BUSES ARE, IN THIS CASE STORED OUTSIDE BECAUSE IT'S UNSAFE
TO KEEP THEM IN A BUILDING, AND THEN THAT ELECTRICITY WOULD BE USED BY
THESE SCHOOL BUSES TO MOVE OUR KIDS BACK AND FORTH TO SCHOOL. AND THE
PROBLEM WITH THE PROGRAM THAT WE'VE SET UP HERE IN NEW YORK IS THAT
WE'VE PRIMARILY SHIFTED THESE COSTS ON TO ALL OF THE LOCAL TAXPAYERS.
THAT IS PRIMARILY THE LOCAL PROPERTY TAXPAYERS IN EACH OF THE DISTRICTS.
AND LIKE -- LIKE IT'S BEEN SAID, NEW YORK IS A BIG, DIVERSE STATE. THERE
ARE DISTRICTS THAT HAVE HIGH WEALTH, AND THERE ARE DISTRICTS THAT HAVE LOW
WEALTH. AND THE REQUIREMENT THAT'S SET BY THE STATE FOR A TECHNOLOGY
THAT IS NOT READY -- IN FACT WE HAVE TO NOW GO TO TRUTH IN ADVERTISING TO
SAY THAT THESE ELECTRIC SCHOOL BUSES ARE ACTUALLY GOING TO DO -- WE HAVE
TO TELL THEM TO ADVERTISE CORRECTLY WHAT THEY CAN AND CAN'T DO SO WE CAN
DO GOOD COST ESTIMATES, SHOWS THAT THIS PROGRAM, THIS TECHNOLOGY, ISN'T
READY FOR PRIME TIME.
A TWO-YEAR MORATORIUM IS GOOD, A FOUR-YEAR
MORATORIUM IS BETTER, A TEN-YEAR MORATORIUM IN WHICH SCHOOL DISTRICTS
COULD OPT OUT OF THEIR OWN VOLITION AT THE VOTE OF THEIR BOARD OF
EDUCATION WOULD BE THE BEST WAY TO GO.
WE'VE GOT A LOT OF WORK TO DO WHEN IT COMES TO
IMPLEMENTING THIS TECHNOLOGY IN NEW YORK STATE, BECAUSE WE ARE A
BIG, DIVERSE STATE, IT'S NOT READY FOR PRIME TIME, AND WE MUST VERY
51
NYS ASSEMBLY MAY 8, 2025
CAREFULLY CONSIDER HOW WE SPEND OUR EDUCATIONAL MONEY. BECAUSE WE
AS IN NEW YORK -- AS NEW YORK, SPEND MORE PER CAPITA THAN ANY OTHER
STUDENT [SIC] IN THE UNITED STATES THAN ANY OTHER STATE. AND I DON'T
THINK WE SHOULD INCREASE THAT COST THROUGH AN ARTIFICAL PROGRAM LIKE THE
ELECTRIC SCHOOL BUS MANDATE.
THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MR. LAVINE.
MR. LAVINE: WILL THE SPONSOR YIELD? AND I DO
WANT TO NOTE, CHAIR PRETLOW, THAT THE QUESTIONS THAT I HAVE DEAL WITH
DISCOVERY. SO WHETHER YOU WILL RESPOND OR CODES CHAIR DINOWITZ WILL
RESPOND, I'M HAPPY TO SPEAK WITH -- WITH EITHER OF YOU.
ACTING SPEAKER HUNTER: MR. PRETLOW, WILL
YOU YIELD?
MR. PRETLOW: I MIGHT THINK THAT MR. DINOWITZ IS
WELL-VERSED IN THIS SUBJECT MATTER AND I WILL DEFER TO MR. DINOWITZ.
ACTING SPEAKER HUNTER: THANK YOU. MR.
DINOWITZ YIELDS.
MR. DINOWITZ: THANK YOU. AND MR. LAVINE, I'M
HAPPY TO SPEAK WITH YOU, BUT I'M NOT GONNA BE TURNING MY HEAD TO LOOK
AT YOU, IF YOU DON'T MIND. EXCEPT ONCE.
MR. LAVINE: NOT -- NOT TO WORRY.
I'D LIKE TO TURN TO THE AMENDMENTS TO THE DISCOVERY
LAWS MADE IN THIS YEAR'S BUDGET. WILL THE AMENDMENTS ALTER A
PROSECUTOR'S BASIC OBLIGATION TO MAKE REASONABLE INQUIRES TO LEARN OF
52
NYS ASSEMBLY MAY 8, 2025
DISCOVERABLE MATERIALS AND DISCLOSE THEM TO THE DEFENSE?
MR. DINOWITZ: SO, AS I'M ABOUT TO ANSWER THAT I
JUST WANTED TO MAKE A FEW REMARKS FIRST, IF YOU DON'T MIND, SO WE CAN
THEN GET INTO IT.
SO, AS THE FEDERAL GOVERNMENT HAS ITS ATTEMPTS TO
DISMANTLE DUE PROCESS RIGHTS, USURP FUNCTIONS OF THE JUDICIARY, I
BELIEVE NEW YORKERS HAVE TO PROTECT DUE PROCESS AND THE INTEGRITY OF
OUR LEGAL SYSTEM. AND THAT'S SOMETHING WE'RE TRYING TO DO HERE TODAY.
EVIDENCE SHARING IS FUNDAMENTAL TO DUE PROCESS, AND JUDGES PLAY A KEY
ROLE IN ENSURING THAT THE LAWS GOVERNING DISCOVERY ARE PROPERLY
IMPLEMENTED. THE CHANGES MADE TO OUR DISCOVERY LAWS SIX YEARS AGO
WERE MADE WITH THOSE IMPORTANT PRINCIPLES IN MIND, AND WE'VE MADE
SURE THAT WE HAVE KEPT THE UNDERLYING PRINCIPLES OF THE LAW WE PASSED
IN 2019 INTACT. ROBUST EVIDENCE SHARING WITH AUTOMATIC DISCOVERY
WHICH IS LINKED TO THE RIGHT OF A SPEEDY TRIAL, AND WE'VE ALSO CODIFIED
THE VERY IMPORTANT COURT OF APPEALS DECISION IN PEOPLE V. BAY TO
ENSURE THAT THE COURTS ARE EMPOWERED TO CONSIDER THE FACTS OF EACH
CASE AND DETERMINE WHETHER A PROSECUTOR WAS DILIGENT.
SO IN ANSWER TO YOUR QUESTION, AND I'M SURE YOU ALL
REMEMBER THE QUESTION, NO, THE AMENDMENTS TO THE STATUTE WILL NOT
ALTER THE PROSECUTOR'S OBLIGATIONS TO EXERCISE DUE DILIGENCE TO LEARN OF
AND OBTAIN AND DISCLOSE ALL DISCOVERABLE MATERIAL.
MR. LAVINE: WHEN WE FIRST MADE THE REFORMS, AND
THAT WAS KALIEF'S LAW, OUR INTENT WAS TO ENSURE THAT THE PROSECUTOR
OBTAINED AND DISCLOSED ALL OF THE EVIDENCE IN A CASE BEFORE THEY COULD
53
NYS ASSEMBLY MAY 8, 2025
STATE READY FOR TRIAL AND STOP THE SPEEDY TRIAL CLOCK, THE SPEEDY TRIAL
LAW. THIS WAS MEANT TO ENSURE THAT PROSECUTORS CANNOT STOP THE
SPEEDY TRIAL CLOCK BEFORE THEY HAVE SPOKEN TO ALL OF THEIR WITNESSES AND
GATHERED ALL OF THEIR EVIDENCE.
DO THE AMENDMENTS TO THE LAW, THE PRESENT
AMENDMENTS TO THE LAW, CHANGE THIS FUNDAMENTAL PROMISE?
MR. DINOWITZ: NO. THEY DO NOT CHANGE THE
FUNDAMENTAL PROMISE. PROSECUTORS CANNOT STOP THE SPEEDY TRIAL CLOCK
UNTIL THEY'VE SPOKEN TO THEIR WITNESSES AND THEY'VE GATHERED AND
DISCLOSED ALL OF THE EVIDENCE, JUST LIKE BEFORE.
MR. LAVINE: NONE OF THE ADDITIONS MADE TO THIS
ARTICLE CHANGE THE RULE THAT IN ORDER TO STATE READY FOR TRIAL, THE
PROSECUTOR MUST HAVE COMPLIED WITH ALL OF THEIR OBLIGATIONS UNDER CPL
SECTIONS 245.50 SUB 1 AND 245.20. THAT'S A QUESTION.
MR. DINOWITZ: CORRECT. THE PROSECUTORS ARE STILL
REQUIRED TO COMPLY WITH ALL OF THEIR DISCOVERY OBLIGATIONS BEFORE THEY
CAN BE DEEMED READY FOR TRIAL.
MR. LAVINE: THE AMENDMENTS TO THE STATUTE NOW
INSTRUCT JUDGES, QUOTE, "IN ASSESSING A PARTY'S DUE DILIGENCE, THE COURT
SHALL LOOK AT THE TOTALITY OF THE PARTY'S EFFORTS TO COMPLY WITH THE
PROVISIONS OF THIS ARTICLE RATHER THAN ASSESS THE PARTY'S EFFORTS ITEM BY
ITEM", UNQUOTE. DOES THIS AMENDMENT STILL REQUIRE THE COURTS TO
CONSIDER THE PROSECUTOR'S EFFORTS AS TO EACH ITEM THAT IS BELATEDLY
DISCLOSED OR WITHHELD?
MR. DINOWITZ: YES. THE COURTS MUST STILL
54
NYS ASSEMBLY MAY 8, 2025
EVALUATE THE PROSECUTOR'S EFFORTS AS TO EACH ITEM OF EVIDENCE BELATEDLY
DISCLOSED OR WITHHELD IN ORDER TO DETERMINE WHETHER THE PROSECUTOR'S
FAILURE TO OBTAIN MATERIAL WAS THE RESULT OF LACK OF DILIGENCE. BUT THE
COURT'S ULTIMATE DETERMINATION AS TO WHETHER THE PROSECUTOR EXERCISED
DILIGENCE MUST BE BASED ON ALL OF THE PROSECUTOR'S EFFORTS WITH RESPECT
TO ALL OF THESE ITEMS. SO IF THE COURTS WERE TO INTERPRET THIS LANGUAGE
OTHERWISE, THIS COULD BE READ TO PERMIT SUBSTANTIAL COMPLIANCE, WHICH
IS NOT OUR INTENT.
MR. LAVINE: ACCORDING TO THE COURT OF APPEALS
DECISION IN PEOPLE V. BAY, THAT'S B-A-Y, REASONABLENESS AND -- AND
DILIGENCE ARE THE CENTRAL QUESTIONS FOR THE COURT TO CONSIDER WHEN
EVALUATING WHETHER A PROSECUTOR HAS FULFILLED THEIR DISCOVERY
OBLIGATIONS. THESE AMENDMENTS ALSO ADD ADDITIONAL FACTORS THAT
APPEAR TO REQUIRE AN EVALUATION OF THE SIGNIFICANCE OF THE DISCOVERY OR
THE HARM CAUSED BY THE BELATED DISCLOSURE. IS THIS MEANT TO REQUIRE A
FINDING OF PREJUDICE TO THE DEFENSE?
MR. DINOWITZ: NO. WE ADD THOSE FACTORS TO THE
LIST IN ORDER TO LESSEN THE POSSIBILITY OF JUDGES DISMISSING CASES FOR
TRULY INADVERTENT OR TECHNICAL ERRORS WHEN THE PROSECUTION WAS
OTHERWISE DILIGENT. IN DOING SO, WE SEEK TO ADDRESS CONCERNS RAISED BY
THE GOVERNOR WHILE ENSURING DUE DILIGENCE REMAINS THE CENTRAL
QUESTION FOR THE COURTS.
MR. LAVINE: LET ME POSE AN EXAMPLE. IN BAY, THE
PROSECUTOR FAILED TO DISCLOSE SEVERAL POLICE REPORTS AND A 9-1-1 CALL
RECORDING BEFORE CERTIFYING COMPLIANCE, PRIOR TO CERTIFYING COMPLIANCE
55
NYS ASSEMBLY MAY 8, 2025
WITH THE STATUTE. WHEN A -- WHEN QUESTIONED ABOUT THE MISSING
MATERIAL, THE PROSECUTOR ASSERTED THAT ALL MATERIAL HAD BEEN DISCLOSED.
THESE MATERIALS DID, IN FACT, EXIST AND WERE DISCLOSED TO THE DEFENSE
MONTHS LATER, JUST DAYS BEFORE THE START OF THE TRIAL. THE DEFENSE IN THAT
CASE COULD NOT ESTABLISH THAT THE BELATED, THAT THE BELATED DISCLOSURE
WAS PREJUDICIAL TO THE DEFENDANT.
WOULD THE ADDITION OF THE NEW FACTORS CHANGE THE
OUTCOME OF THAT CASE?
MR. DINOWITZ: NO. THE NEW FACTORS WOULD NOT
HAVE CHANGED THE OUTCOME OF BAY. THE COURT WOULD HAVE REQUIRED TO
CONSIDER ALL OF THE FACTORS WE NOW LIST IN THE STATUTE. AND APPLYING
THOSE FACTORS TO BAY, A PROSECUTOR WOULD NOT BE DEEMED TO HAVE BEEN
DILIGENT.
MR. LAVINE: THANK YOU, MR. DINOWITZ.
ACTING SPEAKER HUNTER: THANK YOU.
MS. ROMERO.
MS. ROMERO: THANK YOU. WILL THE SPONSOR YIELD?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MR. PRETLOW: YES, I WILL.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MS. ROMERO: THANK YOU, MR. PRETLOW.
MY QUESTIONS ARE ALSO PERTAINING TO THE DISCOVERY
MODIFICATIONS, SO --
MR. PRETLOW: THEN I -- I YIELD TO MR. DINOWITZ.
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NYS ASSEMBLY MAY 8, 2025
MS. ROMERO: THANK YOU.
MR. DINOWITZ: SO MUCH.
MS. ROMERO: THANK YOU, MR. DINOWITZ. YOU
DON'T -- YOU ALSO DON'T HAVE TO TURN TOWARDS ME IF YOU --
MR. DINOWITZ: (INDISCERNIBLE) SIT NEXT TO ME.
MS. ROMER: YEAH, THANK YOU.
SO, PROSECUTORS ARE STILL REQUIRED TO MAKE DILIGENT
EFFORTS TO LEARN OF WHAT EVIDENCE EXISTS AND THEN CANNOT CERTIFY
COMPLIANCE WITH THEIR DISCOVERY OBLIGATIONS UNTIL THEY HAVE PROVIDED
ALL KNOWN MATERIAL IN THEIR POSSESSION OR THE POSSESSION OF THE POLICE,
RIGHT?
MR. DINOWITZ: YEAH, THAT'S CORRECT. THE
PROSECUTORS MUST MAKE REASONABLE INQUIRIES AND DILIGENT EFFORTS TO
LEARN ALL OF THE MATERIAL IN POSSESSION OF THE POLICE AND THEN MUST
DISCLOSE ALL OF THOSE ITEMS.
MS. ROMERO: AND THERE WERE SOME MINOR
AMENDMENTS TO THE SECTION OF THE STATUTE THAT DESCRIBES WHAT A
CERTIFICATE OF COMPLIANCE MUST SIGNIFY. AFTER THE EXERCISE OF
DILIGENCE, PROSECUTORS ARE NOW REQUIRED TO AFFIRM THAT THEY HAVE
PROVIDED ALL KNOWN MATERIALS THAT THEY HAVE OBTAINED AS OPPOSED TO ALL
KNOWN MATERIAL. CAN YOU JUST CLARIFY FOR US THAT WE HAVE NOT CHANGED
THE RULE THAT PROSECUTORS ARE PRESUMED TO HAVE OBTAINED ANYTHING IN
THE POSSESSION OF THE POLICE?
MR. DINOWITZ: RIGHT. YES, THAT'S CORRECT. THE
PROSECUTORS ARE DEEMED -- ARE PRESUME TO POSSESS ANYTHING IN THE
57
NYS ASSEMBLY MAY 8, 2025
POSSESSION OF THE POLICE, AND THIS WAS MEANT TO CLARIFY THAT IF
PROSECUTORS HAVE MADE REASONABLE INQUIRIES AND DILIGENT EFFORTS TO
LEARN OF AND OBTAIN ITEMS OUTSIDE OF THEIR OWN POSSESSION OR CONTROL
BUT HAVE FAILED TO OBTAIN THEM, THEY ARE PERMITTED TO FILE A CERTIFICATE
OF COMPLIANCE.
MS. ROMERO: AND JUST TO PUT A POINT ON IT, MR.
DINOWITZ, THE PHRASE THEY HAVE OBTAIN -- THEY HAVE OBTAINED REFERS TO
EVIDENCE OUTSIDE OF THE PROSECUTOR'S POSSESSION, CUSTODY OR CONTROL.
MR. DINOWITZ: RIGHT. IT -- IT -- THE PHRASE ONLY
APPLIES TO ITEMS NOT IN THE POSSESSION OF THE PROSECUTOR OR THE POLICE.
MS. ROMERO: AND THERE'S ALSO A NEW 35-DAY
DEADLINE FOR DEFENSE TO CHALLENGE THE CERTIFICATE OF COMPLIANCE. WHAT
IF A PROSECUTOR FILES A CERTIFICATE OF COMPLIANCE DESPITE BEING AWARE
THAT MANY ITEMS THAT ARE IN THE POSSESSION OF THE POLICE HAVE NOT YET
BEEN DISCLOSED? WILL THE 35-DAY MOTION CLOCK START BEFORE THE
PROSECUTOR HAS OBTAINED AND DISCLOSED THESE ITEMS?
MR. DINOWITZ: IF -- IF THE PROSECUTOR FILES THEIR
CERTIFICATE OF COMPLIANCE BEFORE OBTAINING AND DISCLOSING NO MATERIAL
IN THE POSSESSION OF THE POLICE, THEN THEY ARE FILING THE CERTIFICATE IN
BAD FAITH. SO IN THAT SITUATION THE COURT WOULD HAVE GOOD CAUSE TO
EXTEND THE DEFENSE'S DEADLINE, AND THE EXTRA TIME ALLOTTED WOULD NOT BE
EXCLUDED FROM THE SPEEDY TRIAL CALCULATION.
MS. ROMERO: THANK YOU. THAT CONCLUDES MY
QUESTIONS.
ACTING SPEAKER HUNTER: THANK YOU.
58
NYS ASSEMBLY MAY 8, 2025
MR. DURSO.
MR. DURSO: THANK YOU, MADAM SPEAKER. WILL THE
SPONSOR YIELD?
ACTING SPEAKER HUNTER: DOES THE SPONSOR
YIELD?
MR. PRETLOW: YES, I WILL.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MR. DURSO: THANK YOU, CHAIR PRETLOW. SO I'M
GONNA JUMP AROUND A LITTLE BIT, SO I APOLOGIZE NOW.
ONE IS FIRST I WANTED TO SAY I'M ALSO VERY HAPPY AND
ELATED THAT THE BOCES REIMBURSABLE AID WILL BE IN THERE THIS YEAR.
GLAD TO SEE THAT, THANK YOU.
I DID HAVE A QUESTION ABOUT THE CHARTER SCHOOL
TRANSITIONAL AID. WILL THIS CHANGE IN ANY WAY THAT -- AS OF RIGHT NOW WE
SEEM TO BE HAVING A PROBLEM WITH STUDENTS THAT DECIDE TO GO TO A
CHARTER SCHOOL OR DO GO TO A CHARTER SCHOOL WITH THE MONEY FOLLOWING
THEM FROM THE SCHOOL DISTRICT. BUT NOW IF THEY ARE FOR SOME REASON
ASKED TO LEAVE THE SCHOOL, CAN'T KEEP UP OR DECIDE TO GO BACK TO THEIR
ORIGINAL SCHOOL, THAT MONEY STAYS WITH THE CHARTER SCHOOL FOR THE ENTIRE
YEAR. SO WILL THIS IN ANY WAY CHANGE THAT, WHERE THE MONEY WILL GO
BACK TO THE SCHOOL DISTRICT AND NOT STAY WITH THE CHARTER SCHOOL FOR THE
ENTIRE YEAR?
MR. PRETLOW: THE MONEY IS NOT SUPPOSED TO STAY
WITH THE CHARTER SCHOOL.
MR. DURSO: WE KNOW IT'S NOT SUPPOSED TO, BUT
59
NYS ASSEMBLY MAY 8, 2025
(INDISCERNIBLE/CROSS-TALK).
MR. PRETLOW: THE DIFFERENCE IS THAT THERE ARE
QUART -- QUARTERLY RECONCILIATIONS, AND WHAT'S SUPPOSED TO HAPPEN IS THE
CHARTER SCHOOL SHOULD SEND WHAT THE UNUSED PORTION OF THE STUDENT'S
TUITION THAT THE PUBLIC SCHOOL SENT TO THEM BACK TO THE PUBLIC SCHOOLS.
MY UNDERSTANDING IS THEY DON'T ALWAYS DO THAT, AND I HAVE BEEN
PERSONALLY WORKING ON WAYS TO MAKE SURE THAT THAT DOES HAPPEN.
THAT'S NOT REALLY ADDRESSED IN THIS BUDGET RIGHT NOW.
MR. DURSO: IT'S -- IT'S NOT ADDRESSED?
MR. PRETLOW: BECAUSE -- BECAUSE THEY'RE --
THEY'RE NOT OBEYING WHAT CURRENT LAW IS, SO WE'RE TRYING TO FIND A WAY
TO ENFORCE THAT.
MR. DURSO: BUT I'M SAYING -- IT'S NOT ADDRESSED IN
THIS BUDGET, YOU'RE SAYING, CORRECT?
MR. PRETLOW: NO.
MR. DURSO: OKAY. THANK YOU, SIR.
SO ON THE ZERO-EMISSION SCHOOL BUS MANDATE
EXTENSION. THERE'S A PORTION IN HERE THAT SAYS, TO RECEIVE A SECOND
EXTENSION, A SCHOOL DISTRICT MUST HAVE AT LEAST ENGAGED WITH
NYSERDA IN THE INITIAL AND DEVELOPMENT OF A FLEET CERTIFICATION PLAN.
COULD YOU EXPLAIN TO ME A LITTLE BETTER WHAT "ENGAGING" WOULD BE AND
WHO IS MAKING THAT DECISION IF THEY'VE PROPERLY ENGAGED SO THEY COULD
GET THAT SECOND TWO-YEAR EXTENSION?
(CONFERENCING)
MR. PRETLOW: OKAY, THE ENGAGEMENT HAS TO DO
60
NYS ASSEMBLY MAY 8, 2025
WITH NYSERDA MEETING WITH THE SCHOOL DISTRICTS ON AN ANNUAL BASIS
AT LEAST ONCE A YEAR.
MR. DURSO: SO IT'S REALLY JUST A MEETING --
MR. PRETLOW: AND SED APPROVED THAT.
MR. DURSO: OKAY. SO IT'S -- IT'S NOT OF THEY'VE
ALREADY STARTED TO PURCHASE ZERO-EMISSION SCHOOL BUSES. IT'S NOT EVEN
THAT THEY HAVE THE INFRASTRUCTURE SET. IT'S THAT THEY HAVE THOSE MEETINGS
--
MR. PRETLOW: YES.
MR. DURSO: -- AND NYSERDA UNDERSTANDS THAT
THERE IS A PLAN IN PLACE BUT THEY CAN'T DO IT YET AT THAT POINT?
MR. PRETLOW: WELL, WHAT THE DIFFICULTIES ARE IN
THEM GETTING TO THE -- THE GOAL, WHICH IS, YOU KNOW, 100 PERCENT
COMPLIANCE.
MR. DURSO: OKAY. AND NYSERDA IS STRICTLY IN
CHARGE OF DECIDING WHO CAN GET THAT SECOND TWO-YEAR EXTENSION?
MR. PRETLOW: UM, YES.
MR. DURSO: YES? OKAY.
AGAIN, SO JUST MOVING ON TO THE UNIVERSAL FREE SCHOOL
MEALS. AGAIN, BEEN A BIG SUPPORTER OF THIS AND I -- I -- I'M VERY HAPPY
TO SEE IT IN HERE. JUST FOR CLARIFICATION, THIS IS FOR EVERY STUDENT,
CORRECT? IT DOESN'T GO BY SOCIOECONOMIC BACKGROUND, IT DOESN'T GO BY
ZIP CODE OR SCHOOL DISTRICT OR ANYTHING. EVERY STUDENT IN EVERY SCHOOL
IN NEW YORK STATE CAN RECEIVE FREE BREAKFAST AND LUNCH, CORRECT?
MR. PRETLOW: ABSOLUTELY. EVERY SCHOOL.
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NYS ASSEMBLY MAY 8, 2025
MR. DURSO: THANK YOU. AND DO THEY HAVE TO
APPLY FOR IT? IS THERE PAPERWORK TO FILL OUT OR IT'S AN AUTOMATIC?
MR. PRETLOW: WELL, IF EVERY STUDENT IN EVERY
SCHOOL GETS IT, I DON'T KNOW WHY IT WOULD BE NECESSARY TO HAVE A PAPER
TO BE FILLED OUT. BUT IF THEY DO, THEN THEY WOULD.
MR. DURSO: BUT WE'RE NOT SURE YET?
MR. PRETLOW: BUT THIS IS A FREE LUNCH PROGRAM.
SO WHEN THE SCHOOL BELL --
MR. DURSO: NO, AND I'M VERY HAPPY --
MR. PRETLOW: WHEN THE BELL RINGS AND THE
STUDENTS BREAK FOR LUNCH THEY SHOULD GO TO THE CAFETERIA AND HAVE LUNCH
--
MR. DURSO: I AGREE.
MR. PRETLOW: -- AND NOT HAVE THE REQUIREMENT TO
DO ANY OTHER -- ANYTHING ELSE.
MR. DURSO: I AGREE. I JUST WANTED TO SEE IF WE
KNEW IF THERE WAS SOME KIND OF AN APPLICATION PROCESS IN PLACE AS OF
NOW. BECAUSE I KNOW PRIOR, YOU HAD TO APPLY FOR THOSE FREE SCHOOL
MEAL LUNCHES. I JUST WANTED TO SEE NOW, DO THEY STILL HAVE TO APPLY OR
IS IT JUST --
MR. PRETLOW: WELL, THEY HAVE TO APPLY. I -- I
THINK THEY HAVE TO APPLY BECAUSE THERE HAS TO BE SOME NOTATION MADE
AS IF ANY STUDENTS HAVE FOOD RESTRICTIONS AND THAT WOULD BE INCLUDED IN
THE APPLICATION. SOME HAVE FOR RELIGIOUS REASONS, SOME HAVE FOR
HEALTH REASONS, FOODS THAT THEY CAN'T EAT. AND IF EVERYONE WENT DOWN
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NYS ASSEMBLY MAY 8, 2025
AND NO ONE KNEW WHO THESE CHILDREN WERE AND THEY HAD LUNCH, THEY
MAY HAVE ADVERSE EFFECTS FROM THE LUNCH THAT THEY RECEIVED.
MR. DURSO: OKAY. THANKS. AGAIN, MY CONCERN
WITH IT, AGAIN, IS THAT THE POSSIBLY BULLYING ASPECT OR PEOPLE FEELING
UNCOMFORTABLE ASKING FOR THAT. I DON'T WANT A STUDENT TO HAVE TO FILL OUT
THAT PAPERWORK. I WISH AND HOPE THAT IT GOES THAT IF THAT CHILD GOES INTO
SCHOOL THAT DAY AND UNFORTUNATELY IF THEIR FAMILY'S COME ON A HARDSHIP,
THEY DON'T HAVE MONEY, THEY COULD GET A FREE SCHOOL LUNCH. OKAY.
MY NEXT QUESTION IS ABOUT THE BELL-TO-BELL BILL HERE
WHEN IT COMES TO THE DEVICES IN THE SCHOOL. THE PLAN IS ALLOWED TO BE
SET, CORRECT, BY EACH INDIVIDUAL SCHOOL?
MR. PRETLOW: YES.
MR. DURSO: SO THERE'S NO SPECIFICS ON HOW IT HAS
TO BE DONE, IT'S JUST -- BASICALLY IT'S SAYING BELL TO BELL KIDS CANNOT USE
THEIR PHONES DURING CLASS TIME.
MR. PRETLOW: WELL, FIRST, IT'S NOT EVERY SCHOOL
SETTING, IT'S EVERY SCHOOL DISTRICT SETTING IT FOR THE SCHOOLS IN THAT
DISTRICT.
MR. DURSO: OKAY. BUT THE OVERARCHING, THE STATE
BILL THAT'S GOING INTO THIS BUDGET, RIGHT, IS SAYING THAT BELL TO BELL.
MR. PRETLOW: YES.
MR. DURSO: OKAY. IS THERE ANY FUNDING INCLUDED
IN THIS FOR THOSE THINGS SO THAT THEY CAN, WHETHER IT'S THE YONDR
POUCHES, LOCKERS, ANYTHING LIKE THAT, IS THERE SPECIFIC --
MR. PRETLOW: THERE'S $13.5 MILLION INCLUDED IN
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NYS ASSEMBLY MAY 8, 2025
THIS BUDGET.
MR. DURSO: FOR THAT SPECIFICALLY?
MR. PRETLOW: YES.
MR. DURSO: THANK YOU, SIR.
NEXT I AM GOING TO MOVE ONTO THE EXPANDED RECOVERY
TOOLS FOR STOLEN WAGES. JUST A QUICK QUESTION. AGAIN, I'VE BEEN A BIG
PROPONENT OF IT. BUT IS THERE ANY FUNDING IN THE BUDGET INCLUDED FOR
MORE HIRING OF INVESTIGATORS? THE DEPARTMENT OF LABOR SEEMS TO HAVE
A PROBLEM GETTING ENOUGH INVESTIGATORS INTO THE FIELD TO INVESTIGATE
THESE THINGS AND ON OUR CONSTRUCTION SITES. SO IS THERE ANY FUNDING IN
THIS BUDGET AT ALL, WHETHER IT'S IN THIS BILL OR ANOTHER, SO THAT THEY CAN
HIRE MORE INVESTIGATORS AND NOT SAY, WE DON'T HAVE ENOUGH
INVESTIGATORS IN THE FIELD?
MR. PRETLOW: UNFORTUNATELY, THERE'S NO FUNDING
IN THIS BUDGET FOR ADDITIONAL INVESTIGATORS.
MR. DURSO: SO, HOW IN YOUR -- AND JUST -- JUST A
THOUGHT. HOW ARE THEY GOING TO EXPAND THE RECOVERY OF THESE WAGES IF
THEY HAVE -- THEY DON'T HAVE MORE INVESTIGATORS, THEY DON'T HAVE THE
PROPER PEOPLE TO DO IT?
MR. PRETLOW: WELL, THEY HAVE THE PROPER PEOPLE,
THEY JUST DON'T HAVE ENOUGH -- IN MY OPINION THEY DON'T HAVE ENOUGH.
AND I GUESS VARIOUS -- OR CHANGES IN THE USAGE OF TIME WILL HELP THIS. I
KNOW THERE IS A LOT OF EMPLOYEES THAT ARE EXPERIENCING WAGE THEFT AND
THEY'RE AFRAID TO COME FORWARD BECAUSE THEY'RE AFRAID OF RETALIATION
FROM THEIR EMPLOYER THAT'S STEALING THEIR SALARIES. MORE AND MORE
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NYS ASSEMBLY MAY 8, 2025
INDIVIDUALS ARE COMING FORWARD, AND I'M PRETTY SURE THAT PEOPLE WHO
ARE WORKING IN THE DEPARTMENT OF LABOR CAN BE REASSIGNED TO THIS -- TO
A DIFFERENT AREA FOR THIS PARTICULAR PURPOSE AND ENFORCING WAGE THEFT
LAWS.
MR. DURSO: SO I -- I NOTICED IN OTHER PARTS OF THE
BUDGET THAT THERE WAS HIRING FOR SPECIFIC DEPARTMENTS, COMMISSIONS,
BUT THERE'S NO PART OF THIS BUDGET SAYING THAT THE DEPARTMENT OF LABOR
IS GOING TO BE HIRING MORE INVESTIGATORS. I MEAN, WE'VE HEARD THE
GOVERNOR SAY, NEW YORK'S OPEN. WE'RE HIRING. IF YOU LOST YOUR JOB
WITH THE FEDERAL GOVERNMENT, YOU COULD COME HERE AND BE HIRED, BUT
WE'RE NOT HIRING MORE INVESTIGATORS, CORRECT? THAT WE KNOW OF WITH
THE DEPARTMENT OF LABOR SPECIFICALLY.
MR. PRETLOW: WELL, THE -- THE -- WHEN WE GET THE
PROPOSAL FROM THE GOVERNOR THEY WOULD REQUEST AN ADDITIONAL FTE,
THREE FTES OR WHATEVER, THE PROPOSAL THAT WE RECEIVED DID NOT INCLUDE
ANY REQUESTS FOR OR ANY -- YOU KNOW, ANY REQUESTS FOR ADDITIONAL
INSPECTORS. SO WE'RE GENERALLY NOT GOING TO, IN OUR ONE-HOUSE BUDGETS,
INCREASE THE STAFF OF THE GOVERNOR'S BUDGET. THAT'S NOT OUR
RESPONSIBILITY, SO THAT WASN'T DONE.
MR. DURSO: OKAY. NO PROBLEM. THANK YOU, SIR.
JUST TWO MORE QUESTIONS.
JUST TO GET AN UNDERSTANDING OF THE MERIT TIME AWARD
FOR INCARCERATED INDIVIDUALS. WHEN WE'RE TALKING ABOUT -- IT SAYS,
"ADDITIONALLY, THIS PROGRAM WILL ENABLE THE CORRECTIONS COMMISSIONER
TO IDENTIFY INDIVIDUAL PROGRAMS ELIGIBLE FOR LIMITED CREDIT TIME
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NYS ASSEMBLY MAY 8, 2025
ALLOWANCES PROVIDED THAT THESE PROGRAMS ARE COMPLETED SUCCESSFULLY
WITHIN 18 MONTHS." SO I JUST WANTED TO GET AN UNDERSTANDING. IS THAT
FOR ALL THOSE IN PRISON THAT CREATED -- THAT COMMITTED ANY CRIME? IS IT
FOR ANYBODY THAT HAS A CERTAIN AMOUNT OF TIME LEFT THAT IT'LL GO ON TO THE
BACK END? I JUST WANT TO UNDERSTAND THE PROCESS AND WHAT THIS ACTUALLY
DOES.
MR. PRETLOW: OKAY. WE'RE NOT CHANGING WHO'S
ELIGIBLE --
MR. DURSO: OKAY.
MR. PRETLOW: -- AND IT DEFINITELY EXCLUDES VIOLENT
CRIMINALS. WE'RE TALKING ABOUT PEOPLE BASICALLY THAT ARE IN ON DRUG
CHARGES AND LESSER CHARGES WITH (INDISCERNIBLE), BUT CHARGES WITH LONG
TERMS BUT DEFINITELY NON-VIOLENT.
MR. DURSO: SO NON-VIOLENT CRIMINALS, CORRECT?
MR. PRETLOW: YES.
MR. DURSO: NOW, IS THAT FOR WHAT THEIR INITIAL
CRIME WAS OR WHAT IT WAS PLED DOWN TO? WHAT THEY WERE INCARCERATED
FOR.
MR. PRETLOW: I DON'T KNOW THAT.
MR. DURSO: OKAY. JUST CHECKING, I THINK I ONLY
HAVE ONE MORE QUESTION FOR YOU, SIR. OH, YES.
WHEN IT COMES TO, WE'LL CALL IT THE MASK BILL, EVADING
ARREST BY CONCEALMENT OF IDENTITY. MY QUESTION IS IT STATES IN HERE THAT
-- AND I'LL JUST READ IT -- A MISDEMEANOR -- WAIT, EXCUSE ME. I'LL START
OVER. THIS PART CREATES THE CRIME OF EVADING ARREST BY CONCEALMENT OF
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NYS ASSEMBLY MAY 8, 2025
IDENTITY WHICH WILL BE LEVIED AGAINST AN INDIVIDUAL IN THE COURSE OF THE
COMMISSION OF A CLASS A MISDEMEANOR OR FELONY OR ANY IMMEDIATE
FIGHT THEREOF, SUCH PERSON WEARS A MASK OR FACIAL COVERING WITH NO
OTHER LEGITIMATE PURPOSE OTHER THAN TO PREVENT THEIR IDENTIFICATION,
APPREHENSION OR ARREST AT THAT TIME.
SO MY QUESTION WOULD BE, CAN YOU BE ARREST -- IS IT A
-- I MEAN, IN LAYMAN'S TERMS, IS IT ILLEGAL, THEN, TO WEAR A MASK OR IS IT
AN AFTER CHARGE? SO IF YOU'RE ARRESTED FOR THAT MISDEMEANOR, CAN THEN
THEY TACK ON ANOTHER CHARGE BECAUSE YOU WERE WEARING A MASK DURING
IT?
MR. PRETLOW: WELL, MR. DURSO, I'M SURE OUR --
OUR COLLEAGUE MR. DINOWITZ HEARD THAT QUESTION AND HE WILL RESPOND.
MR. DURSO: NO PROBLEM, SIR. THANK YOU.
MR. DINOWITZ: THERE HAS TO BE AN UNDERLYING
CRIME, SO YOU'RE NOT GONNA GET ARRESTED SIMPLY FOR WEARING A MASK,
CONTRARY TO WHAT SOME MISLEADING PEOPLE MIGHT SAY. YOU WOULD HAVE
TO BE COMMITTING A FELONY OR A MISDEMEANOR, CONCEALING YOUR IDENTITY
AND THEN EITHER COMMITTING THE CRIME OR TRYING TO RUN AWAY FROM THE
CRIME. THEN YOU CAN BE CHARGED WITH AN ADDITIONAL OFFENSE, WHICH
WOULD BE A CLASS B MISDEMEANOR WHICH, BY THE WAY, IN REFERENCE TO
SOMETHING WAS SAID EARLIER, THE OLD LAW BACK BEFORE COVID WAS
SIMPLY A VIOLATION.
MR. DURSO: OKAY. SO -- AND AGAIN, NOT A LAWYER.
SO A VIOLATION OBVIOUSLY IT WAS NOT A MISDEMEANOR IT WAS LOWER,
CORRECT?
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NYS ASSEMBLY MAY 8, 2025
MR. DINOWITZ: CORRECT.
MR. DURSO: BUT NOW WITH THIS NOW LEGISLATION, A
POLICE OFFICER COULD NOT STOP SOMEBODY, CORRECT, FOR WEARING A MASK?
THAT ITSELF -- THAT IN ITSELF IS NOT A -- BREAKING THE LAW, CORRECT? IT'S
ONLY AN ADD-ON.
MR. DINOWITZ: WELL, I -- YES, YOU COULD PUT IT THAT
WAY. A POLICE OFFICER SHOULD NOT STOP SOMEBODY SIMPLY FOR WEARING A
MASK. SO IF THEY'RE WEARING ONE OF THESE COVID MASKS OR SOMETHING
ELSE, YOU COULD DO THAT. YOU ALWAYS WERE ABLE TO AND YOU WILL
CONTINUE TO BE ABLE TO. BUT IF YOU'RE CONCEALING YOUR IDENTITY BY
WEARING A MASK WHILE COMMITTING A CRIME, THEN THAT COULD BE AN
ADDITIONAL CHARGE, A CLASS B MISDEMEANOR.
MR. DURSO: OKAY. SO, JUST TRYING TO UNDERSTAND
THIS. IT'S AN ADD-ON, CORRECT? SO IF YOU WERE WEARING A MASK WHILE
COMMITTING A CRIME, THE SECONDARY ADD-ON OR CRIME WOULD BE THAT YOU
WERE WEARING THE MASK WHILE COMMITTING THE CRIME, CORRECT?
MR. DINOWITZ: YEAH. I MEAN, I DON'T LIKE TO THINK
OF IT AS SECONDARY BECAUSE I THINK THE WHOLE --
MR. DURSO: WELL, I'M -- I'M JUST --
MR. DINOWITZ: -- YOU KNOW WHAT I'M --
MR. DURSO: -- FOR -- FOR LACK OF A BETTER WORD, SIR.
MR. DINOWITZ: YES.
MR. DURSO: OKAY.
MR. DINOWITZ: AND THAT WOULD -- COULD MEAN THAT
YOU WOULD -- IF FOUND GUILTY OF THESE CRIMES, YOU CAN BE -- HAVE AN
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NYS ASSEMBLY MAY 8, 2025
ENHANCED PENALTY. OR ADDITIONAL PENALTY, ACTUALLY.
MR. DURSO: RIGHT. SO THAT WAS GONNA BE MY
QUESTION IS IF YOU WERE -- IT'S ONLY IF YOU ARE FOUND GUILTY OF THE INITIAL
CRIME, RIGHT, THAT -- LET'S SAY IT WAS ARMED ROBBERY. I'M JUST THROWING
SOMETHING OUT THERE. AGAIN, NOT A LAWYER, NOT A POLICE OFFICER. BUT
YOU DID IT WHILE WEARING A MASK. THE INITIAL CHARGE WOULD BE FOR THE
ARMED ROBBERY AND THE -- WEARING A MASK DOING IT WOULD BE SECONDARY,
CORRECT? SO --
MR. DINOWITZ: IT WOULD BE ADDITIONAL.
MR. DURSO: ADDITIONAL.
MR. DINOWITZ: I DON'T LIKE TO THINK OF IT AS
SECONDARY. I THINK WEARING A MASK WHILE DOING BAD THINGS IS --
MR. DURSO: IS BAD.
MR. DINOWITZ: -- DESERVES TO BE PROSECUTED.
MR. DURSO: SURE. SO BUT -- SO A POLICE OFFICER
COULD NOT STOP SOMEONE IF THEY THINK THEY MAY COMMIT A CRIME. OR IN
OTHER WORDS, OBVIOUSLY WE'VE SEEN A LOT OF PROTESTS THAT HAVE TURNED
VIOLENT, DEMONSTRATIONS THAT HAVE GONE VIOLENT, NOT GOTTEN VIOLENT. BUT
PEOPLE ARE WEARING MASKS, AND I'M ASSUMING THAT THIS IS WHERE THE
GENESIS OF THIS IS COMING FROM. SO IN OTHER WORDS, IT'S -- THE POLICE
OFFICER REALLY, RIGHT, HAS TO WAIT FOR A CRIME TO OCCUR FOR THEN THIS TO BE
-- TO TAKE EFFECT BECAUSE THE WEARING THE MASK IS NOT A CRIME UNLESS
THERE WAS ANOTHER CRIME.
MR. DINOWITZ: YES. I MEAN, A POLICE OFFICER'S NOT
SUPPOSED TO STOP SOMEBODY --
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NYS ASSEMBLY MAY 8, 2025
MR. DURSO: NO, I UNDERSTAND THAT.
MR. DINOWITZ: -- UNLESS THEY HAVE PROBABLE CAUSE
TO BELIEVE THAT THEY'RE COMMITTING A CRIME. BUT LET ME GIVE YOU A VERY
SPECIFIC EXAMPLE.
MR. DURSO: SURE.
MR. DINOWITZ: SO YESTERDAY A WHOLE BUNCH OF
PEOPLE TOTALLY COVERED WITH THEIR FACES, MAYBE HAD LITTLE EYE HOLES, BUT
THEY WERE TOTALLY COVERED AND THEY BROKE INTO -- OR -- OR WENT INTO A, I
GUESS, A LIBRARY AT COLUMBIA UNIVERSITY -- THE HOTBED OF WHATEVER --
AND THEY WERE DOING WHATEVER THEY WERE DOING. I THINK SOME OF THEM
CAUSED DAMAGE, DID THINGS THEY WERE NOT SUPPOSED TO DO. SOME OF
THEM UNDOUBTEDLY, IN MY OPINION, COMMITTED SOME CRIMES AND -- AND
THEN THEY TRIED TO LEAVE AND THE POLICE OFFICERS WOULDN'T LET THEM LEAVE
UNTIL THEY SHOWED THEIR IDS AND THEY WERE ALL SAYING, YOU KNOW, LET US
OUT, LET US OUT. WELL, YOU BROKE IN, YOU SHOULDN'T WORRY ABOUT GETTING
OUT. BUT THEY COULD HAVE BEEN CHARGED, I BELIEVE, WITH BOTH THE
UNDERLYING CRIMES AND THE ADDITIONAL CRIME OF WEARING THE MASK, A
CLASS B MISDEMEANOR.
MR. DURSO: OKAY. SO THOSE PEOPLE THAT WERE
THERE, RIGHT -- SO YOU'RE SAYING THEY BROKE IN? I DON'T KNOW THE WHOLE
STORY.
MR. DINOWITZ: BUT THEY WENT IN. I DON'T KNOW IF
THEY BROKE IN, BUT THEY WENT IN.
MR. DURSO: OKAY. SO THE ONES THAT ACTUALLY
PHYSICALLY COMMITTED A CRIME, RIGHT, WHILE WEARING THE MASK COULD BE
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NYS ASSEMBLY MAY 8, 2025
CHARGED WITH THAT INITIAL CRIME AND ANOTHER CRIME OF WEARING A MASK
WHILE COMMITTING THAT CRIME, CORRECT?
MR. DINOWITZ: CORRECT.
MR. DURSO: PEOPLE THAT WERE WITH THEM THAT DIDN'T
COMMIT A CRIME, RIGHT, OR DIDN'T DAMAGE ANYTHING OR ANYTHING ELSE, CAN
THEY BE ALSO ARRESTED AT THAT POINT FOR WEARING THAT MASK WHILE THEY
WERE WITH A GROUP THAT WAS COMMITTING A CRIME TO HIDE THEIR IDENTITY?
MR. DINOWITZ: WELL, FIRST OF ALL, NOT -- I ASSUME
NOT EVERYBODY WAS WEARING A MASK, SO THEY CAN'T BE CHARGED WITH A
MASK CRIME. BUT THERE MIGHT HAVE BEEN SOME PEOPLE WHO WEREN'T
COMMITTING A CRIME, ALSO.
(BUZZER SOUNDS)
ACTING SPEAKER HUNTER: THANK YOU, MR.
DURSO.
MR. DURSO: THANK YOU.
ACTING SPEAKER HUNTER: MS. CRUZ.
MS. CRUZ: THANK YOU, MADAM SPEAKER. WILL THE
SPONSOR YIELD FOR A COUPLE OF QUESTIONS?
ACTING SPEAKER HUNTER: DOES THE SPONSOR
YIELD?
MR. PRETLOW: YES, I WILL.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MS. CRUZ: MR. PRETLOW, YOU CAN SIT BACK DOWN.
THESE QUESTIONS RELATE TO DISCOVERY.
MR. PRETLOW: I YIELD YOUR TIME TO MR. DINOWITZ.
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NYS ASSEMBLY MAY 8, 2025
MS. CRUZ: THANK YOU, MR. PRETLOW.
MR. DINOWITZ, I HAVE --
MR. DINOWITZ: WHY IS EVERYBODY BEHIND ME ALL
THE TIME?
(LAUGHTER)
MS. CRUZ: MY APOLOGIES. YOU DON'T HAVE -- WE
ALREADY KNOW HOW WE LOOK, SO DON'T WORRY.
MR. DINOWITZ: YES, WE DO.
MS. CRUZ: MR. -- MR. DINOWITZ, WE, AS LEGISLATORS,
HAVE A DUTY TO PROTECT PEOPLE'S CONSTITUTIONAL RIGHTS. I WANT TO FOCUS
MY QUESTIONS ON HOW THE AMENDMENTS TO THIS BILL PREVENT NEW
YORKERS FROM HAVING THEIR CONSTITUTIONAL RIGHTS DIMINISHED. THAT
INCLUDES THE RIGHT TO ACCESS FAVORABLE EVIDENCE.
THIS CONFERENCE HAS EXPRESSED A STRONG DESIRE TO
ENSURE THAT THE AMENDMENTS MADE TO CHANGE THE PROSECUTION'S
OBLIGATIONS TO DISCLOSE RECORDS OF POLICE OFFICERS' MISCONDUCT. DO THE
AMENDMENTS ENSURE THAT THESE DOCUMENTS REMAIN DISCOVERABLE?
MR. DINOWITZ: YES. NO CHANGE WAS INTENDED IN
THAT SECTION OF THE LAW. THE ASSEMBLY CHAMPIONED THE REPEAL OF CIVIL
RIGHTS LAW 50-A, AND THAT WAS BACK IN 2020 IF I REMEMBER CORRECTLY.
AND IN THIS SAME SPIRIT WE INTEND THE POLICE MISCONDUCT RECORDS, WHEN
THERE ARE SUCH RECORDS, OBVIOUSLY, TO BE TURNED OVER TO THE DEFENSE AS
THEY ARE UNDER THE CURRENT STATUTE.
MS. CRUZ: AND THE LANGUAGE THAT IS CURRENTLY IN THE
OPENING PARAGRAPH OF SECTION 245.20 SUBSECTION 1 WAS MOVED TO THE
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NYS ASSEMBLY MAY 8, 2025
FIRST SENTENCE OF 245.20 SUBSECTION 1(K). DOES THIS CHANGE ANYTHING?
MR. DINOWITZ: NO. THE USE OF THIS IDENTICAL
LANGUAGE WAS INTENDED TO MAINTAIN THE DISCOVERABILITY OF ALL ITEMS IN
EVIDENCE THAT ARE REQUIRED BY THE CURRENT VERSION OF THE LAW. ALL LAW
ENFORCEMENT OFFICERS CALLED AS WITNESSES WHO MAY HAVE A HISTORY OF
MISCONDUCT SHOULD EXPECT FOR ALL OF THEIR MISCONDUCT RECORDS, NOT JUST
THOSE ARISING FROM THE INSTANT CASE, TO BE DISCLOSED BY THE PROSECUTION.
AND THIS IS CONSISTENT WITH THE REPEAL OF 50-A OUT OF A DESIRE FOR
TRANSPARENCY AND THE LONGSTANDING POSITION OF THE ASSEMBLY TO ENSURE
THAT THE CONSTITUTIONAL PROTECTIONS ARE AFFORDED TO A PERSON ACCUSED OF A
CRIME THE RIGHT TO CROSS-EXAMINE AND IMPEACH THE CREDIBILITY OF ANY
PROSECUTION WITNESS REMAINS INTACT.
MS. CRUZ: AND TO BE CLEAR, MR. DINOWITZ, OUR
INTENT IS FOR THESE RECORDS OF MISCONDUCT TO BE DISCOVERABLE REGARDLESS
OF WHETHER THEY ARISE OUT OF THE INSTANCE -- THE INSTANT CASE?
MR. DINOWITZ: YES. WE DON'T INTEND TO LIMIT THE
DISCLOSURE OF POLICE MISCONDUCT RECORDS TO ALLEGATIONS ARISING FROM THE
INSTANT CASE. THIS IS AN ABSURD NOTION WHEN YOU THINK ABOUT IT, TO
INTERPRET IT THAT WAY. OUR INTENT WAS AND STILL IS TO ENSURE THAT THE
MATERIAL THAT TENDS TO IMPEACH A WITNESS, REGARDLESS OF WHETHER IT
DIRECTLY STEMS FROM THE INSTANCE CASE, BE DISCLOSED TO THE DEFENSE.
THIS ENSURES THAT POLICE WITNESSES ARE TREATED NO DIFFERENTLY THAN ANY
OTHER PROSECUTION WITNESS. IN FACT, SUCH AN INTERPRETATION WOULD RUN
AFOUL OF THE CONSTITUTION. IN GIGLIO -- MAYBE IT'S GILLIO, I'M NOT SURE --
V. THE UNITED STATES 1972, THE SUPREME COURT ESTABLISHED THAT THE
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NYS ASSEMBLY MAY 8, 2025
PROSECUTION HAS A DUTY TO DISCLOSE ANY EVIDENCE THAT COULD BE USED TO
IMPEACH THE CREDIBILITY OF A WITNESS. AND RECENTLY IN THE SECOND
DEPARTMENT, THEY PROPERLY INTERPRETED OUR INTENT IN PEOPLE V. COLEY,
WHICH WAS DECIDED JUST THIS PAST APRIL 2ND. AND AS THE COLEY COURT
PROPERLY OBSERVED, IF WE HAD INTENDED TO LIMIT THE DISCOVERABILITY OF
POLICE WITH CONDUCT RECORDS TO THOSE THAT ARISE FROM THE INSTANT CASE,
WE WOULD HAVE MADE THAT EXPLICIT, AS WE DID IN OTHER SUBPARAGRAPHS OF
THE SUBDIVISION.
MS. CRUZ: THANK YOU, MR. DINOWITZ.
MADAM SPEAKER, ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MS. CRUZ: I STAND AS THE SPONSOR OF THE CLEAN SLATE
BILL, A BILL THAT IS -- THAT THIS HOUSE PASSED LAST SESSION AND THAT FURTHER
DEMONSTRATES THE ASSEMBLY'S RESOLUTE COMMITMENT TO SECOND CHANCES
AND TO MOVING OUR SYSTEM FORWARD.
I ALSO STAND AS A SUPPORTER OF OUR LANDMARK 2019
REFORMS INCLUDING KALIEF'S LAW, WHICH CHANGED DISCOVERY
REQUIREMENTS BY CREATING A NEW CRIMINAL PROCEDURE LAW SECTION 245
TO OUTLINE 21 CATEGORIES OF AUTOMATIC DISCLOSURE AND THAT -- AND IN
WHICH CREATED A PROCESS FOR THE PROSECUTION TO CERTIFY THEIR DUE
DILIGENCE IN COMPLYING WITH THESE DISCLOSURES. MOST IMPORTANTLY, BY
COUPLING THE AUTOMATIC DISCLOSURE OF OBLIGATIONS TO THE DEFENDANT'S
RIGHT TO A SPEEDY TRIAL PURSUANT TO CRIMINAL PROCEDURE LAW SECTION
30.30, A DEFENDANT BECAME -- NOW CONTINUES TO BE ENTITLED TO ALL THE
DISCOVERY RELATED TO THEIR CASE BEFORE GOING TO TRIAL OR TAKING A PLEA.
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NYS ASSEMBLY MAY 8, 2025
AS ALMOST 90 PERCENT OF CASES ARE A RESULT THROUGH A PLEA NEGOTIATION,
THE REFORM MEANT AN END TO WHAT BOTH PROSECUTORS AND DEFENDERS
REFERRED TO AS THE "BLINDFOLD ERA."
THE ISSUES OF THE BLINDFOLD ERA IS THE STORY OF MY
FRIEND, THE LATE MARVIN MAYFIELD, WHO SPENT 11 MONTHS IN RIKERS. HE
TOOK A PLEA IN A CASE WHERE THE PROSECUTORS WITHHELD MOST -- THE MOST
CRITICAL PIECE OF EVIDENCE, THE DRUG LAB. IN THIS -- IN HIS MEMORY AND
FOR THOSE WHO -- WHO ARE FORCED TO NAVIGATE OUR CRIMINAL JUSTICE
SYSTEM BLINDLY, I WILL CONTINUE TO FIGHT. I ALSO SPEAK AS AN ATTORNEY
WHO KNOWS FIRSTHAND THE IMPORTANCE OF BOTH PROTECTING THE DEFENDANT'S
RIGHTS TO DUE PROCESS AND THE NEED FOR A SYSTEM THAT IS RESPONSIVE TO
VICTIMS OF CRIMES. THAT IS WHY TO FULLY ADDRESS THE NEEDS OF OUR
COMMUNITY MEMBERS, WE MUST -- WE MUST HAVE CONSIDERED -- WE MUST
BE CONSIDERATE AND THOUGHTFUL IN OUR APPROACH; ONE THAT PLACES PEOPLE
THAT WE SERVE AT THE CENTER OF ANY EFFORT TO SOLVE -- SOLVE A PERCEIVED
PROBLEM.
LUCKILY, THROUGH THE WORK OF OUR SPEAKER AND HIS
TEAM, THIS BILL THAT I STAND IN SUPPORT OF TODAY DOES NOT UNDO WHAT WE
FOUGHT SO HARD FOR IN 2019. THIS BILL REAFFIRMS THE OBLIGATIONS OF THE
PROSECUTION UNDER THE GUIDANCE OF THE COURT OF APPEALS IN THE CASE OF
PEOPLE V. BAY, WHICH CLARIFIED THAT DISCOVERY LAW DOES NOT REQUIRE A
PERFECT PROSECUTOR AND THAT THERE IS NO RULE OF STRICT LIABILITY WHEN IT
COMES TO EVIDENCE SHARING.
OUR INTENT IN CLARIFYING 245 STATUTE WAS TO ENSURE THAT
DEFENDANTS STILL RECEIVE THE NECESSARY DISCOVERY TO ENGAGE IN INFORMED
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NYS ASSEMBLY MAY 8, 2025
COURT PROCEEDINGS. THIS BILL MAINTAINS TRANSPARENCY AND DUE PROCESS.
IT MAINTAINS THE CONNECTION BETWEEN THE SPEEDY TRIAL AND DISCOVERY
FROM KALIEF'S LAW, AND IT WILL PREVENT WRONGFUL CONVICTIONS. THIS BILL
ENSURES PROSECUTORS DO THEIR JOBS. CHANGES MADE TO THE LAW LIKE THIS --
TO THIS LAW THAT PROTECT FUNDAMENTAL RIGHTS SHOULD BE DONE IN THE
LEGISLATIVE BODY WITH FULL TRANSPARENCY AND STAKEHOLDER INPUT THAT OUR
FORUM MAKES POSSIBLE. AND I'M PROUD TO SUPPORT THAT THOUGHTFUL
APPROACH OUR HOUSE TOOK. AND I'M GONNA SAY THAT AGAIN. THE
THOUGHTFUL APPROACH THAT OUR HOUSE TOOK IN AMENDING CPL 245.
NOW TO FREE LUNCHES. I HAVE TO SAY THAT THIS HAS TO BE
BY FAR ONE OF THE MOST HEARTWARMING APPROACHES TO ENSURING WE END
FOOD INSECURITY THAT I'VE SEEN OUR HOUSE TAKE IN A LONG TIME. THERE IS
NOT A MORE NOBLE CAUSE THAN ENSURING EVERY CHILD THAT STEPS INTO A
SCHOOL DOES IT WITHOUT HAVING TO WORRY ABOUT WHERE THEIR NEXT MEAL IS
GOING TO COME FROM. AND I WANT TO COMMEND OUR SPEAKER FOR
SUPPORTING OUR COLLEAGUE JESSICA GONZÁLEZ-ROJAS, AND FOR HER EFFORTS.
I AM SO PROUD NOT ONLY TO CALL HER MY FRIEND, BUT TO BE A MEMBER OF
THIS HOUSE WHEN WE CAN FINALLY SAY WE'RE GOING TO HAVE UNIVERSAL FREE
LUNCHES AND OUR KIDS WILL NOT BE HUNGRY WHEN THEY GO TO SCHOOL.
AND SO WITH THAT, I'M GONNA BE LATER VOTING YES AND I
JUST WANT TO SAY THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
MR. GANDOLFO.
MR. GANDOLFO: THANK YOU, MADAM SPEAKER.
WOULD THE CHAIR PLEASE YIELD?
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NYS ASSEMBLY MAY 8, 2025
ACTING SPEAKER HUNTER: WILL THE CHAIR
YIELD?
MR. PRETLOW: YES, I WILL.
ACTING SPEAKER HUNTER: THE CHAIR YIELDS.
MR. GANDOLFO: THANK YOU, SIR.
SO I HAVE SOME QUESTIONS ON THE HOUSING ACCESS
VOUCHER PROGRAM IN PART HH. FIRST, I SEE THAT THIS PROGRAM IS BEING
RUN AS A FOUR-YEAR PILOT?
(PAUSE)
MR. PRETLOW: COULD YOU REPEAT THAT QUESTION,
PLEASE?
MR. GANDOLFO: YES, SIR. SO THIS -- THE HOUSING
ACCESS VOUCHER PROGRAM, IT'S BEING RUN AS A FOUR-YEAR PILOT RATHER THAN
A PERMANENT PROGRAM?
MR. PRETLOW: YES.
MR. GANDOLFO: WHY IS THAT?
MR. PRETLOW: THAT WAS PART OF HOW THE
NEGOTIATIONS TURNED OUT.
MR. GANDOLFO: OKAY. AND WHAT IS THE
APPROPRIATION ASSOCIATED WITH THIS PROGRAM?
MR. PRETLOW: FIFTY MILLION.
MR. GANDOLFO: IS THAT FOR -- IS THAT OVER THE
LIFETIME OF THE PILOT, ARE WE EXPECTING, OR IS THAT JUST FOR THE
(INDISCERNIBLE/CROSS-TALK)?
MR. PRETLOW: WELL, THAT'S -- THAT'S FOR THE YEAR, I
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BELIEVE.
MR. GANDOLFO: OKAY. SO 50 MILLION. OKAY.
HOW SIMILAR IS THIS PROGRAM TO THE FEDERAL HOUSING
CHOICE VOUCHER PROGRAM OR SECTION 8?
MR. PRETLOW: THEY ARE COMPARABLE.
MR. GANDOLFO: OKAY. SO THEY ARE COMPARABLE.
HOW MUCH OF THE MONTHLY RENT PAYMENT WILL THE
VOUCHER UNDER THIS PROGRAM COVER?
(CONFERENCING)
MR. PRETLOW: IT'S SIMILAR TO THE SECTION 8
PROGRAM. THEY'LL HAVE -- THEY'LL BE REQUIRED FOR A CONTRIBUTION OF ABOUT
30 PERCENT OF THEIR INCOME.
MR. GANDOLFO: SO THIS COULD COVER UP TO --
MR. PRETLOW: PER TENANT, YEAH.
MR. GANDOLFO: UP TO -- SO IT COULD COVER, LIKE,
70 PERCENT OF THE RENT PAYMENT? IS THAT...
MR. PRETLOW: PARDON?
MR. GANDOLFO: SO ARE -- ARE YOU SAYING IT WOULD
COVER 70 PERCENT OF THE RENT PAYMENT?
MR. PRETLOW: YES.
MR. GANDOLFO: OKAY. OKAY.
AND THE VOUCHERS. HOW LONG WOULD THEY BE PROVIDED
FOR? IS THERE A TIME LIMIT?
MR. PRETLOW: WELL, THIS IS A PILOT PROGRAM. MY
ASSUMPTION IS THAT THEY WILL CONTINUE INDEFINITELY, BUT I CAN'T ANSWER
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THAT.
MR. GANDOLFO: OKAY. SO IT'S A PILOT -- BECAUSE I
SEE IN THE LEGIS -- THE LANGUAGE HERE THAT THE LEASES WOULD BE FOR A
MINIMUM OF ONE YEAR. SO THERE'S NO UPPER LIMIT ON HOW LONG AN
INDIVIDUAL COULD RECEIVE THE VOUCHERS?
MR. PRETLOW: NOT TO MY KNOWLEDGE.
(CONFERENCING)
THEY COME OFF THE PROGRAM WHEN THEIR INCOME GOES
TO A POINT THAT THEY'RE NO LONGER -- THEIR INCOME EXCEEDS THE 30 PERCENT
OF THEIR RENT.
MR. GANDOLFO: OKAY. AND IF THEIR INCOME NEVER
EXCEEDS THE 30 PERCENT OF THE RENT --
MR. PRETLOW: THEY STAY IN THE PROGRAM.
MR. GANDOLFO: SO IT WILL CONTINUE INDEFINITELY,
THEN, IF THE PILOT WAS EXTENDED TO A PERMANENT PROGRAM IT WOULD
CONTINUE TO BE INDEFINITE?
MR. PRETLOW: YES.
MR. GANDOLFO: OKAY.
IS THERE ANY PROJECTED COST BEYOND-- I GUESS, ARE YOU
EXPECTING TO HAVE TO APPROPRIATE 50 MILLION EVERY YEAR FOR THIS? COULD
THAT COST GROW OR SHRINK?
MR. PRETLOW: WELL, IT WILL PROBABLY BE -- MORE
THAN LIKELY BE MORE THAN 50- BUT YES.
MR. GANDOLFO: OKAY. SO IT COULD GROW TO MORE
THAN 50-.
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IN TERMS OF -- I -- I DIDN'T SEE IN THE LANGUAGE, SO
CORRECT ME IF I'M WRONG, IS THERE A NEW YORK RESIDENCY REQUIREMENT
WHERE THERE'S AN AMOUNT OF TIME THAT AN INDIVIDUAL WOULD HAVE HAD TO
HAVE LIVED IN NEW YORK TO QUALIFY FOR THIS VOUCHER?
MR. PRETLOW: NO, THERE ISN'T.
MR. GANDOLFO: OKAY. SO SOMEONE CAN, LET'S SAY,
COME OVER FROM NEW JERSEY AND APPLY FOR THIS VOUCHER PROGRAM
THROUGH DHCR?
MR. PRETLOW: WELL, THE PERSON HAS TO BE
HOMELESS OR AT RISK OF BEING HOMELESS.
MR. GANDOLFO: RIGHT. AND WHAT DOCUMENTATION
HAS TO BE PROVIDED TO ESTABLISH THAT?
MR. PRETLOW: WELL, WHICHEVER ORGANIZATION IS
ADMINISTERING THE PROGRAM WILL DETERMINE WHAT IDENTIFICATION IS
NEEDED OR WHAT PROOF IS NEEDED THAT ONE IS HOMELESS OR --
MR. GANDOLFO: OKAY. BECAUSE (INDISCERNIBLE)
ALSO HERE, I KNOW IT WOULD BE PROVIDED TO INDIVIDUALS WHO ARE
HOMELESS OR FACING IMMINENT RISK OF LOSING THEIR HOMES.
MR. PRETLOW: THE DEFINITION IS IN WHAT -- WHAT
YOU'RE READING, I BELIEVE.
MR. GANDOLFO: OKAY. AND THEN AT THE END OF THE
DEFINITION THERE'S THE -- THE TERM "OTHER LOSS OF PRIMARY NIGHTTIME
RESIDENCE." WHAT -- WHAT MIGHT THAT BE?
MR. PRETLOW: IF YOUR HOUSE BURNS DOWN.
MR. GANDOLFO: OKAY. SO -- SO IF THE HOUSE
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BURNS DOWN YOU WOULD QUALIFY FOR THIS PROGRAM, BUT THEN THE LEASE
WOULD HAVE TO BE A MINIMUM OF ONE YEAR. WHAT IF SOMEONE'S HOUSE
BURNS DOWN BUT THEY'RE ABOVE THAT 30 PERCENT OF THE RENT
(INDISCERNIBLE/CROSS-TALK)?
MR. PRETLOW: THEN THEY WOULDN'T QUALIFY FOR THE
PROGRAM.
MR. GANDOLFO: OKAY. SO THEN IT WOULD BE, I
GUESS, A LOWER-INCOME INDIVIDUAL WHOSE HOUSE BURNS DOWN. OKAY.
ALSO IN THE LANGUAGE UNDER THE ELIGIBILITY PORTION IT
SAYS, INDIVIDUALS AND FAMILIES WHO MEET THESE STANDARDS SHALL BE
ELIGIBLE REGARDLESS OF IMMIGRATION STATUS. DOES THAT JUST MEAN
CITIZENSHIP? DOES THAT MEAN SOMEONE WOULD QUALIFY IF THEY DO NOT
HAVE LEGAL STATUS AT ALL IN THE UNITED STATES?
MR. PRETLOW: I -- WHATEVER THE LANGUAGE OF THE
BILL SAYS. I -- I CAN'T (INDISCERNIBLE).
MR. GANDOLFO: OKAY. WELL, IT'S A LITTLE
AMBIGUOUS BECAUSE IT JUST SAYS "IMMIGRATION STATUS." DOES THAT MEAN
-- SO IMMIGRATION STATUS, YOU COULD TAKE THAT TO MEAN SOMEONE'S NOT A
U.S. CITIZEN BUT THEY'RE LEGALLY ON A VISA, OR IT COULD MEAN THAT YOU'RE
NOT IN THE COUNTRY LEGALLY AT ALL?
MR. PRETLOW: WELL, IF SOMEONE FALLS UNDER THE
OTHER PARAMETERS OF OTHER REQUIREMENTS, THEN ANYONE CAN BE ELIGIBLE.
MR. GANDOLFO: OKAY. SO SOMEONE WHO IS --
MR. PRETLOW: THERE -- THERE ARE SEVERAL
PARAMETERS THAT HAVE TO MET TO BE ELIGIBLE. IF SOMEONE FALLS INTO THOSE
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NYS ASSEMBLY MAY 8, 2025
PARAMETERS THEN THEY ARE ELIGIBLE.
MR. GANDOLFO: OKAY. SO OTHER THAN
IMMIGRATION STATUS, IF THEY FELL INTO THE OTHER PARAMETERS THAT WE --
MR. PRETLOW: RIGHT. THEN THEY DON'T QUALIFY.
MR. GANDOLFO: OKAY. SO EVEN IF THEY'RE NOT
HERE LEGALLY AND -- OKAY. SO THAT WOULD QUALIFY.
SO NOW SAY -- I KNOW IN NEW YORK CITY A LOT OF
MIGRANTS WHO ARE HERE ILLEGALLY ARE STILL POSTED IN HOTELS. IF THEY WERE
TO MOVE FROM A HOTEL INTO ONE OF THESE RENTALS THAT WOULD BE ELIGIBLE
FOR A VOUCHER, WOULD THE STATE BE PICKING UP THAT COST?
MR. PRETLOW: WELL, IT IS A STATE-FUNDED PROGRAM,
SO, YES.
MR. GANDOLFO: WELL, I WAS ASKING BECAUSE I
KNOW THERE -- WE DIDN'T APPROPRIATE ANY ADDITIONAL FUNDS TO NEW YORK
CITY THIS YEAR TO COVER THE COST OF THE MIGRANTS THERE BECAUSE THEY HAD
UNUSED FUNDS KIND OF STILL SITTING OUT THERE. WOULD THERE BE ANY EFFORT
MADE TO CLAW BACK SOME OF THE FUNDS THAT WE HAD PREVIOUSLY
APPROPRIATED TO THE CITY?
MR. PRETLOW: THAT'S NOT -- THAT'S NOT IN ANY PART
OF THIS BILL.
MR. GANDOLFO: OKAY. SO THEY -- SO -- OKAY. I
APPRECIATE THAT. THANK YOU.
MADAM SPEAKER, ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. GANDOLFO: MADAM SPEAKER, I DON'T THINK
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NYS ASSEMBLY MAY 8, 2025
MANY PEOPLE HAVE AN ISSUE WITH PROVIDING A HOUSING ACCESS VOUCHER
PROGRAM TO PEOPLE WHO TRULY NEED IT AND ARE FACING TOUGH TIMES AND
MIGHT BE AT RISK OF LOSING THEIR HOMES. I DO HAVE A LITTLE BIT OF AN ISSUE
WITH THE OVERLY-BROAD LANGUAGE THAT WOULD EXTEND THIS TO PEOPLE WHO
ARE NOT IN THE COUNTRY LEGALLY. IT JUST SEEMS LIKE A WAY TO KEEP PEOPLE
WHO SHOULD NOT BE HERE HERE INDEFINITELY WHO ARE CURRENTLY HOUSED IN
SOME OF THE HOTELS IN NEW YORK CITY, JUST A WAY TO KEEP THEM HERE
AND KEEP THEM HOUSED FUNDED ON THE NEW YORK TAXPAYER DIME. SO I
WOULD HAVE LIKED TO SEE THAT TIGHTENED UP A LITTLE MORE IN THAT
LANGUAGE.
BUT I THANK THE CHAIR ONCE AGAIN FOR HUMORING MY
QUESTIONS, AND THAT'S ALL FOR ME.
ACTING SPEAKER HUNTER: THANK YOU.
MR. REILLY.
MR. REILLY: THANK YOU, MADAM SPEAKER. WILL
THE -- WILL THE SPON -- WILL THE CHAIR YIELD? BUT IT'S GONNA BE
SPECIFICALLY ON THE MASK, SO I WILL GIVE YOU THE OPTION TO DEFER.
MR. PRETLOW: MR. REILLY, I WILL GLADLY YIELD AND
ASK OUR --
ACTING SPEAKER HUNTER: THE CHAIR YIELDS TO
MR. DINOWITZ.
MR. PRETLOW: -- AND ASK MY COLLEAGUE MR.
DINOWITZ TO ANSWER YOUR QUESTIONS ON MASKS.
MR. REILLY: THANK YOU, MR. DINOWITZ.
SO, FOCUSING STRICTLY ON THE LEGISLATION IN PART DD
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NYS ASSEMBLY MAY 8, 2025
WHICH INVOLVES EVADING ARREST BY CONCEALMENT OF IDENTITY, IT SAYS A
PERSON IS GUILTY OF EVADING ARREST BY CONCEALMENT OF IDENTITY WHEN IN
THE COURSE OF THE COMMISSION OF FELONY OR CLASS A MISDEMEANOR OR IN
THE IMMEDIATE OF FLIGHT THERE -- THEREFROM, SUCH PERSON WEARS A MASK
OR A FACIAL COVERING OR OTHERWISE OBSCURES THEIR FACE COMPLETELY OR
PARTIALLY FOR NO LEGITIMATE PURPOSE WITH THE INTENT TO PREVENT THEIR
IDENTIFICATION, APPREHENSION OR ARREST FOR SUCH CRIME, EVADING ARREST BY
CONCEALMENT OF IDENTITY IS A CLASS B MISDEMEANOR.
THE QUESTION I HAVE IS, WHAT'S THE DEFINITION "FOR NO
LEGITIMATE PURPOSE"?
MR. DINOWITZ: WELL, I IMAGINE THAT'S SOMETHING
-- THAT'S SOMETHING A JURY MIGHT HAVE TO DECIDE.
MR. REILLY: OKAY. SO IN THE CONVERSATION THAT
YOU HAD WITH A COLLEAGUE EARLIER, YOU MENTIONED THAT, I THINK IT WAS --
THE CONVERSATION WAS GEARED TOWARDS THIS WAS AN ADD-ON CRIME. AN
ADD-ON CHARGE, I SHOULD SAY, TO A CRIME. SO IT STATES IN HERE THAT OF
COURSE FOR -- IF THEY'RE CHARGED WITH A CLASS A MISDEMEANOR OR A
FELONY. DO BOTH THOSE -- DOES THE CLASS A MISDEMEANOR AND THE
FELONY HAVE TO BE DEFINED IN THE PENAL LAW OR ARE OTHER FELONIES
ALLOWED TO CARRY THAT ADDITIONAL CHARGE?
MR. DINOWITZ: ANY FELONY OR CLASS A
MISDEMEANOR.
MR. REILLY: OKAY. SO IT DOESN'T HAVE TO BE
DEFINED IN THE PENAL LAW. SO WHY I'M ASKING THAT IS BECAUSE WE
FELONIES THAT ARE IN THE VTL, WE FELONIES THAT ARE IN NEW YORK CITY
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NYS ASSEMBLY MAY 8, 2025
HEALTH CODE. WOULD THAT -- WOULD THOSE CONSTITUTE THE ABILITY TO
CHARGE THIS CRIME IF IT'S COMMITTED DURING THE COMMISSION OR --
MR. DINOWITZ: IF THEY'RE COMMITTING A CRIME OR
THEY'RE EVADING, RUNNING AWAY FROM A CRIME AND THEY'RE WEARING A
MASK TO CONCEAL THEIR IDENTITY, THEN THEY'D BE COVERED BY THIS AND,
THEREFORE, COULD BE CHARGED WITH AN ADDITIONAL CRIME, A CLASS B
MISDEMEANOR.
MR. REILLY: OKAY.
SO IN THE EARLIER DISCUSSION -- SO BASICALLY I JUST WANT
TO CLARIFY. IT'S NOT JUST CRIMES THAT ARE DEFINED IN THE PENAL LAW,
CORRECT?
MR. DINOWITZ: I THINK YOU ASKED THAT AND I THINK
MY ANSWER WAS FELONIES AND CLASS A MISDEMEANORS.
MR. REILLY: OKAY. EVEN OUTSIDE THE PENAL LAW?
MR. DINOWITZ: WHEREVER THEY ARE.
MR. REILLY: OKAY. FAIR ENOUGH.
SO PART OF THE DISCUSSION YOU HAD EARLIER WAS -- AND IT
RAISES A REALLY PLAUSIBLE SITUATION THAT CAN HAPPEN, RIGHT? REALISTIC.
TALKED ABOUT IN THE COMMISSION OF A CRIME. SO I'M GONNA GIVE YOU A
SCENARIO. AND YOU MENTIONED BEFORE THAT A POLICE OFFICER CAN ONLY
STOP SOMEONE FOR PROBABLE -- WITH PROBABLE CAUSE. I JUST WANT TO GIVE
YOU THIS SCENARIO. SO UNDER TERRY V. OHIO, RIGHT, FOR A REASONABLE STOP,
RIGHT, FOR STOP, QUESTION AND POSSIBLY FRISK, YOU NEED A REASONABLE
SUSPICION, RIGHT? SO WE HAVE THE LEVELS OF SUSPICION: YOU HAVE MERE
SUSPICION, REASONABLE SUSPICION, AND THEN PROBABLE CAUSE TO MAKE AN
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NYS ASSEMBLY MAY 8, 2025
ARREST. SO THE REASONABLE SUSPICION IS THAT A POLICE OFFICER BELIEVES THAT
A CRIME IS AFOOT. AND I'M GONNA GIVE YOU A SCENARIO AND I WANT TO -- I
WANT TO ASK YOU A FOLLOW-UP QUESTION BEHIND THAT. SO I'M A POLICE
OFFICER. I'M IN A HIGH-CRIME AREA KNOWN FOR ROBBERIES. I'M WALKING THE
FOOT POST AND I SEE SOMEONE STANDING ON THE CORNER WHO MATCHES THE
DESCRIPTION OF A PRIOR ROBBERY SUSPECT. HE'S WEARING A SURGICAL MASK.
HE'S LOOKING INSIDE A BAR, HE'S WATCHING. HE'S GOING BEHIND A CORNER.
HE GOES TO HIS WAIST, HE SHIFTS SOMETHING. MY REASONABLE SUSPICION IS
ALERTED AS A POLICE OFFICER. SO NOW I GO OVER AND QUESTION HIM. AS I
GO TO QUESTION HIM, HE REACHES FOR HIS WAIST. I GO TO REACH FOR THE
WAIST, HE RUNS. WE NOW GET INTO A FOOT PURSUIT. I TACKLE HIM. I RECOVER
A LOADED FIREARM. HE TRIED TO LEAVE. NOW HE'S ARRESTED. HE GETS
CHARGED WITH ATTEMPTED ROBBERY AND THEY ADD THE CHARGE OF CONCEALING
YOUR IDENTITY, RIGHT, BY WEARING A MASK. GOES TO TRIAL. THAT CHARGE,
THE ORIGINAL ATTEMPTED ROBBERY CHARGE, IS DROPPED. CAN THE MASK
CHARGE CONTINUE?
(CONFERENCING)
MR. DINOWITZ: AS -- AS INDICATED BEFORE, THE
PROSECUTION WOULD HAVE TO SHOW THAT THERE WAS A COMMISSION OF A
CRIME -- THAT THE MASKING WAS DURING THE COMMISSION OF A CRIME AND
THAT THE PURPOSE OF THE MASKING WAS TO CONCEAL ONE'S IDENTITY.
MR. REILLY: OKAY. SO IN THE -- IF THE ROB -- THE
ATTEMPTED ROBBERY CHARGE IS DROPPED BUT THE CRIMINAL POSSESSION OF A
WEAPON IS THERE, THE CRIMINAL POSSESSION OF A WEAPON HAPPENED AFTER
THE STOP. WOULD THE -- WOULD THE MASK CHARGE STILL BE ABLE TO BE
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NYS ASSEMBLY MAY 8, 2025
CONTINUED?
MR. DINOWITZ: WELL, THAT WOULD BE A MATTER OF
FACT THAT WOULD HAVE TO BE DETERMINED EITHER BY A JURY OR BY A JUDGE.
MR. REILLY: SO DO YOU THINK IT WOULD BE MORE
BENEFICIAL IF THEY OUTLINED SPECIFIC REASONS WHY A MASK WOULD BE
ALLOWED AND THIS CHARGE WOULDN'T BE AUTHORIZED, OR DO YOU THINK IT'S
TOO AMBIGUOUS?
MR. DINOWITZ: I THINK IF YOU GET TOO SPECIFIC THEN
YOU LOSE -- THEN IT'S HARDER TO CHARGE A CRIME SOMETIMES. THE WAY --
THE WAY THIS SOON-TO-BE LAW IS WRITTEN, IT'S -- IT'S INCLUSIVE ENOUGH SO
THAT IT WILL COVER THE TYPE OF SITUATIONS THAT WE WOULD WANT TO COVER
WITHOUT GIVING THE ABILITY OF SOMEBODY WHO MAY WANT TO CHALLENGE IT
TO SAY WELL, IT'S WRITTEN VERY SPECIFICALLY SO IT DOESN'T COVER THIS
SITUATION. THIS IS WIDE ENOUGH TO COVER WHAT WE WANT TO COVER
WITHOUT BEING SO BIG THAT IT'S TOO VAGUE.
MR. REILLY: OKAY.
SO ANOTHER QUESTION. YOU HAVE A PERSON ON -- THEY'RE
ON THE 4 TRAIN. THEY'RE WEARING A MASK. THEY GET INTO A VERBAL DISPUTE
WITH AN INDIVIDUAL. THEY PUNCHED THAT PERSON IN THE FACE AND THEY
LEAVE THE TRAIN. THEY RUN AWAY, THEY'RE WEARING A MASK. THEY GET
APPREHENDED. THERE'S NO REAL PHYSICAL INJURY TO THE VICTIM. NO BLOODY
NOSE, NO BLACK EYE. CAN THAT INDIVIDUAL BE CHARGED WITH EVADING
WEARING A MASK?
MR. DINOWITZ: AGAIN, THAT WOULD BE SOMETHING
THAT A PROSECUTION WOULD HAVE TO DETERMINE WAS A CHARGEABLE OFFENSE,
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NYS ASSEMBLY MAY 8, 2025
AND THEN IT WOULD GO TO A JUDGE OR A JURY.
MR. REILLY: SO I'LL -- I'LL ANSWER THAT QUESTION.
MR. DINOWITZ: WELL, YOU ASKED IT SO I'M
SUPPOSED TO ANSWER, SO...
MR. REILLY: I KNOW. BUT I'LL -- I'LL ACTUALLY GIVE
SOME BACKGROUND (INDISCERNIBLE/CROSS-TALK) --
MR. DINOWITZ: SO THEN I'LL ASK YOU A QUESTION.
MR. REILLY: SO IF THERE'S NO PHYSICAL INJURY -- IF
THERE'S NO PHYSICAL INJURY, IT'S JUST HARASSMENT, THIS CHARGE WOULDN'T BE
ALLOWED. THAT'S AN EXAMPLE.
THANK YOU, MR. -- THANK YOU, MR. DINOWITZ.
ON THE BILL, MADAM SPEAKER.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. REILLY: SO THE REASON WHY I JUST SHARED THAT
LAST EXAMPLE IS BECAUSE THIS WOULD HAVE NO TEETH IN A SITUATION LIKE
THAT. AND IF YOU NOTICED, THAT'S WHERE PEOPLE ARE WEARING THEIR MASK
AND DISGUISING THEMSELVES. DOING THINGS LIKE THAT. LET'S NOT FORGET
THAT THE ORIGINAL LAW ON THE BOOKS THAT MADE IT A VIOLATION REQUIRED
THREE OR MORE PEOPLE TO GATHER TOGETHER WEARING MASKS TO MAKE IT A
VIOLATION. AND THE REASON WHY THAT WAS ON THE BOOKS WAS FOR, IT WAS
STATED EARLIER, PEOPLE THAT WANTED TO MARCH IN A PARADE. THEY WERE
MEMBERS OF THE KKK. AND I SPOKE ABOUT IT IN 2020 WHEN WE REPEALED
THIS LAW, AND I SAID WE WERE GOING DOWN A DANGEROUS PATH. AND THE
EXAMPLE I GAVE THEM WAS THAT LOOKOUT PERSON, LOOKING TO CASE A BAR TO
COMMIT A ROBBERY. AND HERE WE ARE FIVE YEARS LATER, I'M SAYING IT
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NYS ASSEMBLY MAY 8, 2025
AGAIN.
REMEMBER, THE THINGS THAT WE PUT ON PAPER HERE DO
NOT TRANSITION TO THE STREET OR TO THE COURTROOM THE WAY YOU INTENDED.
IT HAPPENS OVER AND OVER AGAIN. AND IN MY SEVEN YEARS I KEEP SAYING
IT BECAUSE I TRY AND GET IT RIGHT. I TRY AND GET YAS [SIC] TO UNDERSTAND
THAT THERE IS A WAY TO FIX THINGS IF WE -- IF WE GET THE INTENTION AND THE
RATIONALE FROM THE PEOPLE WHO ARE ACTUALLY DEALING WITH THE SITUATION
IN REAL TIME. AND IT DOESN'T SEEM TO HAPPEN THAT WAY.
AS A MATTER OF FACT, THERE WAS A LETTER THAT WAS WRITTEN
MAY 28, 2020 BY OUR CURRENT ATTORNEY GENERAL, AND ON MAY 11TH SHE
WROTE IT. ATTORNEY GENERAL JAMES SENT A LETTER TO GOVERNOR CUOMO
AND LEGISLATIVE LEADERS POINTING OUT THIS CONFLICT OF LAW AND URGING THAT
THIS SPECIFIC PROVISION OF THE PENAL CODE BE SUSPENDED OR REPEALED.
THERE WERE TWO OPTIONS. WE WERE UNDER THE STATE OF EMERGENCY.
THERE WERE EXECUTIVE ORDERS. THAT LAW THAT BANNED MASKS OF THREE OR
MORE PEOPLE IN PUBLIC COULD HAVE BEEN SUSPENDED BY AN EXECUTIVE
ORDER. AND WE WOULDN'T HAVE HAD FIVE YEARS OF PEOPLE NOW USING
MASKS TO WREAK HAVOC AND CAUSE CHAOS IN OUR STATE. SO THAT'S WHY
WE'RE HERE TODAY TALKING ABOUT ADDING YET ANOTHER LAW.
MY FEAR IS THIS DOESN'T GO FAR ENOUGH. THERE IS NO
REASON WHY -- EVEN IF WE WOULD HAVE PUT THE ORIGINAL LAW BACK INTO
PLACE, THAT WOULD HAVE HAD MORE TEETH THAN THIS DOES. AND AS I READ
THE LEGISLATION TO YOU, YOU'LL UNDERSTAND THAT IT'S OPEN TO INTERPRETATION
AND I GUARANTEE AT ONE POINT I WOULDN'T BE SURPRISED IF IT GETS
OVERTURNED IN COURT, THAT THIS LAW IS UNCONSTITUTIONAL.
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NYS ASSEMBLY MAY 8, 2025
SO I HOPE THAT ONE DAY WE ACTUALLY DO GET IT RIGHT.
WE'LL SEE IF I'LL BE TALKING ABOUT IT NEXT YEAR. THANK YOU, MADAM
SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MS. WALKER.
MS. WALKER: HABEMUS PAPAM.
THERE'S ALSO IN PSALM 106 A PASSAGE THAT READS,
"BLESSED ARE THOSE WHO OBSERVE JUSTICE AND WHO DO RIGHTEOUSNESS AT
ALL TIMES."
WILL THE SPONSOR YIELD, MADAM CHAIR [SIC], THROUGH
MR. DINOWITZ FOR A FEW QUESTIONS ON DISCOVERY REFORM?
ACTING SPEAKER HUNTER: DOES THE SPONSOR
YIELD?
MR. DINOWITZ.
MR. DINOWITZ: YES.
MS. WALKER: MR. DINOWITZ, KALIEF'S LAW WAS
INTENDED TO ENSURE THAT THE PROSECUTOR OBTAINED AND DISCLOSED ALL OF THE
EVIDENCE IN A CASE BEFORE THEY COULD STATE READY FOR TRIAL AND STOP THE
SPEEDY TRIAL LAW CLOCK. THIS WAS MEANT TO ENSURE THAT PROSECUTORS
CANNOT STOP THE SPEEDY TRIAL CLOCK BEFORE THEY HAVE SPOKEN TO ALL OF
THEIR EVIDENCE. DO THE AMENDMENTS TO THE LAW CHANGE THIS
FUNDAMENTAL PROMISE?
MR. DINOWITZ: NO, THEY DO NOT CHANGE THIS
FUNDAMENTAL PROMISE. THE PROSECUTORS CANNOT STOP THE SPEEDY TRIAL
CLOCK UNTIL THEY HAVE SPOKEN TO THEIR WITNESSES AND GATHERED AND
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NYS ASSEMBLY MAY 8, 2025
DISCLOSED ALL THE EVIDENCE, JUST LIKE BEFORE.
MS. WALKER: AWESOME. NONE OF THE ADDITIONS
MADE TO THIS ARTICLE CHANGE THE RULE THAT IN ORDER TO STATE READY FOR TRIAL
THE PROSECUTOR MUST HAVE COMPLIED WITH ALL OF THEIR OBLIGATIONS UNDER
CPL SECTIONS 245.50 SECTION 1 AND 245.20.
MR. DINOWITZ: THAT'S CORRECT. PROSECUTORS ARE
STILL REQUIRED TO COMPLY WITH THEIR DISCOVERY OBLIGATIONS BEFORE THEY
CAN BE DEEMED READY FOR TRIAL.
MS. WALKER: THANK YOU.
SO SPEEDY TRIAL CONTINUES TO BE THE ENFORCEMENT
MECHANISM FOR THE DISCOVERY LAW.
MR. DINOWITZ: YES.
MS. WALKER: THE CONNECTION TO THE SPEEDY TRIAL
STATUTE ALSO PREVENTS PROLONGED PRETRIAL DETENTION WHERE A PROSECUTOR
HAS NOT TIMELY SHARED EVIDENCE; IS THAT CORRECT?
MR. DINOWITZ: YES, YOU GOT THAT RIGHT. THE
SPEEDY TRIAL STATUTE REQUIRES RELEASE FROM CUSTODY IF THE PROSECUTOR
DOES NOT SHARE EVIDENCE AND STATE READY FOR TRIAL WITHIN THE TIME
FRAMES LISTED IN THE SPEEDY TRIAL STATUTE.
MS. WALKER: THANK YOU, MR. DINOWITZ.
ON THE BILL, MADAM SPEAKER.
ACTING SPEAKER HUNTER: ON THE BILL.
MS. WALKER: SPEAKER HEASTIE AND HIS TEAM
SHOULD BE COMMENDED BECAUSE THIS BUDGET IS MORE THAN A COLLECTION OF
FIGURES THAT COMPRISE A SPENDING PLAN TO IMPROVE THE LIVES OF NEW
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NYS ASSEMBLY MAY 8, 2025
YORKERS. IT'S MORE THAN POLICY. AT ITS CORE THIS BUDGET REFLECTS OUR
VALUES AND PRIORITIES AND INCLUDES JUSTICE AND RIGHTEOUSNESS. AMONG
THE GREATEST OF THESE IS THE EVEN-HANDED DELIVERY OF DUE PROCESS DURING
ADJUDICATIONS TO EVERYONE ACCUSED OF A CRIME.
AS AN ATTORNEY, I FIRMLY BELIEVE THAT DUE PROCESS IS AS
ESSENTIAL TO AMERICAN JURIS PRUDENCE AS AIR, FOOD AND WATER ARE TO LIFE.
IT IS A CONSTITUTIONAL GUARANTEE THAT REQUIRES ACCESS TO ALL OF THE
EVIDENCE THAT THE GOVERNMENT HAS AGAINST A DEFENDANT. DUE PROCESS
PROVIDES THAT THE GOVERNMENT MUST FOLLOW FAIR PROCEDURES AND ENSURES
FUNDAMENTAL FAIRNESS WHEN TAKING ACTIONS THAT COULD IMPACT THESE
RIGHTS. BUT IF WE'RE HONEST, WE KNOW THAT OUR SYSTEM FALLS SHORT FAR TOO
OFTEN IN THE DELIVERY OF JUSTICE TO BLACK AND BROWN NEW YORKERS,
CULMINATING IN A PRISON -- PRISON SENTENCE SYSTEM THAT IS JUST US INSTEAD
OF JUSTICE.
NEXT MONTH WILL MARK THE SOMBER TEN YEAR
ANNIVERSARY OF THE DEATH OF KALIEF BROWDER AND AN ENDURING SYMBOL OF
THE PRETRIAL FAILURE OF A VERY BROKEN CRIMINAL LEGAL SYSTEM. KALIEF WAS
WRONGFULLY ACCUSED OF STEALING A BACKPACK AT THE AGE OF 16. HE
LANGUISHED ON RIKERS ISLAND FOR THREE YEARS, UNABLE TO MAKE BAIL,
WITHOUT ACCESS TO THE STATE'S EVIDENCE AGAINST US -- AGAINST HIM.
FIGHTING A LOSING BATTLE FOR DUE PROCESS. DURING THAT TIME HE ENDURED
BEATINGS, SUFFERING BROKEN BONES AND LACERATIONS. HE SPENT 800 DAYS
IN SOLITARY CONFINEMENT WHICH IS A FORM OF TORTURE THAT CAUSED
EMOTIONAL AND PSYCHOLOGICAL TRAUMA, TAKING HIS OWN LIFE AFTER HE WAS
FINALLY RELEASED. IN 2019, THOUGH WE TOOK ACTION TO PREVENT FUTURE
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NYS ASSEMBLY MAY 8, 2025
TRAGEDIES FOR SYSTEMATIC FAILURES DURING PRETRIAL DETENTION INCLUDING
BAIL REFORM, DISCOVERY REFORM AND SPEEDY TRIAL, NOTING THAT NO ONE HAD
BEEN CONVICTED OF A CRIME. CHANGING THE LAW -- CHANGING THE LAW TO
CREATE THESE NECESSARY SAFEGUARDS MAKE SURE THAT DEFENDANTS GET
DISCOVERY IN A TIMELY FASHION SO THAT THEY CAN MAKE INFORMED
DECISIONS ABOUT THEIR DEFENSE, INCLUDING THE POSSIBILITY OF TAKING A PLEA
DEAL.
ALSO, BROOKLYN'S OWN DERRICK HAMILTON. HE SERVED
NEARLY 21 YEARS IN PRISON FOR A CRIME HE DIDN'T COMMIT. IN A RECENT
ARTICLE HE WROTE THAT, IN MY CASE, THE REAL NAME OF THE TESTIFYING
WITNESS, THE KEY FORENSIC EVIDENCE THAT WOULD HAVE PROVED MY
INNOCENCE, WAS NOT TURNED OVER UNTIL TRIAL. THIS ROBBED ME OF FULLY
INVESTIGATING THE ACCUSATIONS AGAINST ME, AND HIRING EXPERTS TO EXPLAIN
THAT EVIDENCE. ONLY AFTER MY CONVICTION DID WE LEARN THAT THE
TESTIFYING WITNESS WAS COERCED BY POLICE TO LIE. THAT ANOTHER
EYEWITNESS TOLD THE POLICE THAT I WAS NOT THE PERPETRATOR. BUT DESPITE
CASES LIKE DERRICK'S OR EVEN AFTER THE DEATH OF KALIEF, WE STILL STAND
HERE YEAR AFTER YEAR HOLDING ON AND FIGHTING FOR THE PROGRESS THAT WE
MADE IN THE NAMES OF THOSE WHO HAVE BEEN DENIED JUSTICE. THOSE WHO
HAVE BEEN WRONGFULLY CONVICTED AND FORCED TO ACCEPT COERCED PLEA
DEALS. OR SO BROKEN THAT THEY EVEN LOST THEIR WILL TO LIVE.
YEAR AFTER YEAR SYCOPHANTS DRAW FROM A TIGER AND
PREDICTABLE PLAYBOOK SPREADING MISLEADING INFORMATION THAT ALIGNS
WITH THE DANGEROUS RHETORIC OF POLICE AND PROSECUTORS.
LET'S LOOK AT THE FACTS. IN THE FIVE YEARS SINCE THE
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NYS ASSEMBLY MAY 8, 2025
REFORMS WERE ENACTED, THERE HAS NOT BEEN A SINGLE WRONGFUL CONVICTION
THAT LED TO AN EXONERATION IN NEW YORK STATE INVOLVING EXCULPATORY
EVIDENCE BEING WITHHELD. AND THAT'S ACCORDING TO THE NATIONAL
REGISTRY OF EXONERATIONS. A 2020 REPORT ISSUED BY THE BROOKLYN
DISTRICT ATTORNEY'S CONVICTION REVIEW COMMITTEE FOUND THAT 25
EXONEREES SERVED A TOTAL OF 426 YEARS CONSECUTIVELY, COLLECTIVELY.
FORTY-FIVE PERCENT OF THE WRONGFUL CONVICTIONS WERE THE RESULT OF THE
NONDISCLOSURE OF EVIDENCE; 96 PERCENT OF THOSE EXONEREES WERE BLACK
AND BROWN. GUESS WHAT? JUSTICE OR JUST US? THESE WRONGFUL
CONVICTIONS OCCURRED BEFORE THE DISCOVERY REFORMS WERE EVEN ENACTED.
IT IS IMPORTANT TO NOTE THAT THE PRESENT CHANGES THAT
THE PROSECUTORS MUST STILL TURN OVER COMPLETE AND ROBUST DISCOVERY, NOT
ONLY WHAT'S IN THEIR ACTUAL POSSESSION. SECONDLY, THE SPEEDY TRIAL
STATUTE, CPL -- CPL 30.30, STILL ACTS AS THE ENFORCEMENT MECHANISM TO
ENSURE EARLY AND COMPLETE DISCOVERY. PROSECUTORS CANNOT ANNOUNCE
THAT THEY'RE READY FOR TRIAL WITHOUT A VALID CERTIFICATE OF COMPLIANCE
ATTESTING THAT THEY HAVE MET THEIR DISCOVERY OBLIGATIONS, AMONG OTHER
SPEEDY TRIAL REQUIREMENTS. COURTS WILL STILL USE THE OBJECTIVE DUE
DILIGENCE STANDARD. WHILE THEY CAN CONSIDER WHETHER ANY LATE
DISCOVERY RESULTED IN PREJUDICE TO THE DEFENSE, IT CAN NEVER BE THE SOLE
DETERMINATIVE FACTOR EVEN IF IT CAN'T BE DEMONSTRATED. COURTS MUST STILL
ENSURE THAT PROSECUTORS DO NOT PLAY GAMES WITH THE SPEEDY TRIAL CLOCK
BY FILING EMPTY CERTIFICATES OF COMPLIANCE. WHILE THE AMENDMENTS
REQUIRE PROSECUTORS TO STATE KNOWN MATERIAL THAT THEY HAVE BEEN UNABLE
TO OBTAIN, COURTS MUST STILL EVALUATE WHETHER THEIR EFFORTS SATISFY DUE
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NYS ASSEMBLY MAY 8, 2025
DILIGENCE, WHICH REFERS TO ALL REASONABLE EVIDENCE TO PROVIDE
EXCULPATORY EVIDENCE TO THE DEFENSE. AND THAT INCLUDES WHETHER THEY
SHOULD HAVE KNOWN ABOUT MISSING MATERIALS OR MATER -- OR -- OR MIS --
MISLEADING MATERIALS. MOST IMPORTANTLY, DUE DILIGENCE CANNOT BE
SATISFIED MERELY BY DISCLOSING WHAT PROSECUTORS HAVE OBTAINED OR WILL
OBTAIN.
I WANT TO EMPHASIZE THAT THESE AMENDMENTS HAVE NOT
CHANGED THE BASIC PREMISE OF DISCOVERY REFORM. WHAT IS IN LAW
ENFORCEMENT'S POSSESSION IS STILL DEEMED TO BE IN THE PROSECUTOR'S
POSSESSION. DUE DILIGENCE CANNOT BE SATISFIED IF POLICE DEPARTMENTS DO
NOT TURN OVER THE EVIDENCE TO THE PROSECUTION. WE HAVE NOT CHANGED
THE IMPORTANCE OF TURNING OVER DISCIPLINARY RECORDS OF POLICE OFFICERS.
WHEN WE REPEAL CIVIL RIGHTS LAW 50-A, WE ACKNOWLEDGE THAT POLICE
OFFICERS SHOULD BE TREATED LIKE EVERYDAY WITNESSES. EVIDENCE ABOUT
CREDIBILITY RISES TO THAT CONSTITUTIONAL LEVEL. THESE DISCOVERY LAWS
ACKNOWLEDGE THAT THE DEFENSE CANNOT EFFECTIVELY TEST AN OFFICER'S
CREDIBILITY OR ASSERTIONS UNLESS THEY HAVE ACCESS TO DETAILED
DISCIPLINARY OR MISCONDUCT RECORDS. THE MISCONDUCT DOES NOT HAVE TO
ARISE FROM THE INSTANT CRIMINAL CASE.
WHILE PROSECUTORS ARE GRANTED MORE LEEWAY TO REDACT
MATERIALS, THEY MUST STILL STATE THE REASONS FOR DOING SO. THESE
AMENDMENTS TODAY STILL REQUIRE THAT PROSECUTORS TURN OVER THE COURT
DISCOVERY REQUIREMENTS WITHOUT REDACTIONS. WE ARE NOT ALLOWING
PROSECUTORS TO GO BACK TO BEING THE GATEKEEPERS OF EVIDENCE. THEY
CANNOT DETERMINE WHAT IS RELEVANT OR WHAT MAY BE SIGNIFICANT.
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PROSECUTORS LOOK AT EVIDENCE WITH ONLY ONE EYE. THEY LOOK FOR
EVIDENCE THAT WILL LEAD TO A CONVICTION. EVIDENCE THAT MAY BE HELPFUL
TO A DEFENSE MAY BE DEEMED BY THEM TO BE INSIGNIFICANT, THUS WHILE
ONE OF THE MANY DUE DILIGENCE FACTORS INCLUDES THE COURT'S ABILITY TO
DETERMINE WHAT IS SIGNIFICANT. PROSECUTORS MAY NOT AND SHOULD NOT
MAKE THAT DETERMINATION. BY CHANGING THE QUALIFYING LANGUAGE IN
SOME OF THE INDIVIDUAL CATEGORIES OF 245.20, WE ARE NOT GRANTING
PROSECUTORS THAT GATEKEEPING FUNCTION. IN FACT, RELATED TO THE SUBJECT OF
THE CHARGES IS HARDLY DISTINGUISHABLE FROM RELATED TO THE SUBJECT MATTER
OF THE CASE. THIS MATTERS IN SOME CONTEXTS, PERHAPS. FOR EXAMPLE, WE
ACKNOWLEDGE THAT IF A SEARCH WARRANT WAS CONDUCTED, DISCLOSURE IS
WARRANTED EVEN IF IT WAS ISSUED AND RESULTED IN THE ARREST AND
PROSECUTION IN THE INSTANT CASE; FOR EXAMPLE, THE CHARGES.
WITHOUT THE ACCOMPANYING SAFETY VOW THAT REQUIRES
PROSECUTORS TO -- TO RESPOND TO DEFENSE INQUIRES, THE DEFENSE'S ABILITY TO
ASK FOR EXTENSIONS OF TIME AND THE REQUIREMENT THAT PROSECUTORS STILL
FILE THEIR CERTIFICATE OF COMPLIANCE IN GOOD FAITH, I CANNOT IN GOOD
CONSCIENCE VOTE TO PASS THE BUDGET. HOWEVER, I HOPE THAT THE
CONCESSIONS MADE IN DISCOVERY DO INDEED PRESERVE THE ORIGINAL INTENT
OF THE 2020 LAW, WHICH IS EVEN-HANDED DELIVERY OF DUE PROCESS TO
EVERY ACCUSED NEW YORKER NO MATTER WHAT THEIR ZIP CODE IS.
WITH THAT, I WILL VOTE IN THE AFFIRMATIVE AT THE AFFIRM --
AT THE APPROPRIATE TIME, AND I WILL ENCOURAGE MY COLLEAGUES TO DO THE
SAME. THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
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NYS ASSEMBLY MAY 8, 2025
MR. TANNOUSIS.
MR. TANNOUSIS: THANK YOU, MADAM SPEAKER.
WILL THE SPONSOR YIELD THROUGH MR. DINOWITZ FOR SOME QUESTIONS?
ACTING SPEAKER HUNTER: MR. DINOWITZ, WILL
YOU YIELD?
MR. DINOWITZ: YES.
ACTING SPEAKER HUNTER: THANK YOU.
MR. TANNOUSIS: THANK YOU VERY MUCH, MR.
DINOWITZ.
A QUESTION IN REGARD TO THE EVADING ARREST BY
CONCEALMENT OF IDENTITY, ALSO KNOWN AS THE MASK BILL. I DON'T WANT TO
BE REPETITIVE; HOWEVER, JUST TO CONFIRM, THE ONLY WAY AN INDIVIDUAL IS
CHARGED WITH THIS SPECIFIC SECTION OF THE PENAL LAW, THEY WOULD
ALREADY HAVE TO FACE AN A MISDEMEANOR OR HIGHER; IS THAT CORRECT?
MR. DINOWITZ: YES.
MR. TANNOUSIS: OKAY. YOU MADE MENTION A FEW
MINUTES AGO ABOUT SOME PROTESTS THAT OCCURRED AND SOME SIT-INS,
ACTUALLY, THAT OCCURRED AT COLUMBIA UNIVERSITY; IS THAT CORRECT?
MR. DINOWITZ: WELL, I -- I MADE REFERENCE TO
THOSE WHO ENTERED A LIBRARY AND SOME OF THE PEOPLE APPARENTLY
COMMITTED SOME OF THE VIOLATIONS THAT -- THAT MIGHT BE A MISDEMEANOR
OR -- OR WORSE.
MR. TANNOUSIS: WELL, IN ORDER FOR THIS TO APPLY IT
CAN'T JUST ONLY BE A MISDEMEANOR. IT WOULD HAVE TO BE AN A
MISDEMEANOR OR HIGHER; ISN'T THAT CORRECT, MR. DINOWITZ?
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MR. DINOWITZ: YES, I SAID THAT ALREADY. THE --
MR. TANNOUSIS: CORRECT.
MR. DINOWITZ: IT IS MY OPINION THAT SOME OF THE
PEOPLE AT THAT EVENT YESTERDAY DID COMMIT EITHER AN A MISDEMEANOR,
MISDEMEANOR OR HIGHER. BUT THAT'S NOT FOR ME TO DETERMINE, OF COURSE.
MR. TANNOUSIS: SO MAYBE SOME OF THOSE PEOPLE
COMMITTED AN A MISDEMEANOR OR HIGHER; FOR EXAMPLE, AS IN CRIMINAL
MISCHIEF. BUT THE VAST MAJORITY PROBABLY COMMITTED THE MOST
COMMON CHARGE WHICH IS CHARGED IN PROTESTING WITHIN A STRUCTURE LIKE
A SCHOOL BUILDING, WHICH IS PENAL LAW SECTION 140.10, WHICH IS
CRIMINAL TRESPASS IN THE THIRD DEGREE. MR. DINOWITZ, IS THAT AN A
MISDEMEANOR OR IS THAT A B MISDEMEANOR?
MR. DINOWITZ: CHECKING.
MR. TANNOUSIS: I COULD SAVE YOU TIME.
(CONFERENCING)
MR. DINOWITZ: WE BELIEVE IT'S A B.
MR. TANNOUSIS: YOU ARE CORRECT.
MR. DINOWITZ: HOWEVER, IT'S NOT UP TO US TO BRING
THE CHARGES. AND SOME OF THE PEOPLE THERE, FOR EXAMPLE, SOME OF THE
PEOPLE WHO COMMITTED DAMAGE, MIGHT BE CHARGED WITH SOMETHING
HIGHER THAN THAT.
MR. TANNOUSIS: IT -- IT'S NOT UP TO YOU BRINGING
THE CHARGES, BUT WE ARE SITTING HERE VOTING ON LAWS THAT THE POLICE
DEPARTMENT AND THE DISTRICT ATTORNEY'S OFFICE WILL BE BOUND BY. SO IN
ESSENCE, SOMETHING THAT OCCURRED AT COLUMBIA IN THAT TYPE OF SITUATION
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WHERE THE VAST MAJORITY OF PEOPLE THAT ENTERED THAT BUILDING WERE THERE
TO CAUSE HAVOC. AND MAYBE PERHAPS THEY MAY NOT HAVE NECESSARILY
BROKE ANYTHING, THEY WERE STILL TRESPASSING. AND IF THEY WERE CHARGED
WITH TRESPASSING IN THE THIRD DEGREE, WHICH IS A LEVEL B
MISDEMEANOR, THIS CHARGE WOULD NOT APPLY. WOULD IT, MR. DINOWITZ?
MR. DINOWITZ: WELL, NOT EVERYBODY WHO WEARS A
MASK IS GOING TO BE CHARGED UNDER THIS STATUTE. ALTHOUGH I WILL SAY
THAT AS I MENTIONED EARLIER, THE OLD STATUTE THAT MR. REILLY WARNED US --
ALTHOUGH I DON'T REMEMBER -- WARNED US WE SHOULD NOT REPEAL WAS
SIMPLY A VIOLATION. SO THIS -- THIS CHARGE IS A MORE SERIOUS CHARGE IF IT
CAN BE BROUGHT.
MR. TANNOUSIS: IT'S A MORE SERIOUS CHARGE, BUT
THE ISSUE WITH THIS CHARGE AS COMPARED TO THAT ONE IS THAT THAT ONE WAS
A STANDALONE CHARGE, ALBEIT A VIOLATION. THIS IS NOT A STANDALONE
CHARGE. YOU WOULD NEED TO BE CHARGED WITH SOMETHING ELSE, WHICH IS
SIGNIFICANTLY HIGHER IN ORDER TO BE CHARGED WITH THIS. ISN'T THAT TRUE,
MR. DINOWITZ?
MR. DINOWITZ: IF YOU'RE COMMITTING ANOTHER
CRIME YOU CAN BE CHARGED WITH THIS IF YOU'RE COMMITTING AN A
MISDEMEANOR OR A FELONY. BUT THIS LANGUAGE CREATES A NEW CRIME
CALLED -- THAT WE CALL MASKED HARASSMENT, AND THIS IS A STEP FORWARD
BECAUSE CONSIDERING WHAT WE HAVE RIGHT NOW WHERE THE OLD LAW WAS
REPEALED, WE HAVE NOTHING. AND WHILE MANY PEOPLE ARE PARTICIPATING
IN DEMONSTRATIONS, WHICH IS THEIR FIRST AMENDMENT RIGHT, THERE ARE
SOME PEOPLE -- MAYBE IT'S A SMALL NUMBER, MAYBE NOT -- WHO ARE GOING
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BEYOND WHAT THEY SHOULD BE DOING, AND THIS IS AIMED TOWARDS THEM.
SO IF THEY'RE COMMITTING AN A MISDEMEANOR OR A FELONY AND THEY'RE
WEARING A MASK IN ORDER TO CONCEAL THEIR IDENTITY, THEY CAN BE CHARGED
HERE AND I THINK THAT IS A VERY GOOD THING.
MR. TANNOUSIS: SO ACTUALLY, YOU BROUGHT UP A
GREAT POINT, MR. DINOWITZ.
MR. DINOWITZ: I USUALLY DO.
MR. TANNOUSIS: WELL, NOT ALWAYS BUT I'LL GIVE
YOU -- I'LL ASK YOU A -- A QUICK -- QUICK QUESTION IN REGARDS TO YOUR
POINT. SO LET'S SAY THEY ARE CHARGED WITH THIS, OKAY? WHAT IS THE
BENEFIT OF HAVING THEM CHARGED WITH THIS EXTRA CHARGE?
MR. DINOWITZ: THE BENEFIT TO WHOM?
MR. TANNOUSIS: WHAT IS THE BENEFIT TO THE
GENERAL PUBLIC?
MR. DINOWITZ: WELL, THERE'S NO BENEFIT TO THEM,
THERE'S A BENEFIT TO ALL OF US --
MR. TANNOUSIS: OKAY.
MR. DINOWITZ: -- IN THAT IF THEY'RE DOING THIS AND
THEY'RE DOING IT WHILE CONCEALING THEIR IDENTITY, THAT'S NOT GOOD AND
THEY CAN BE CHARGED WITH AN ADDITIONAL CRIME AND THEY CAN BE -- A
PENALTY CAN BE LEVIED ON THEM.
MR. TANNOUSIS: NOW, WHAT ARE YOU -- YOU SAID
PENALTY LEVIED ON THEM. ARE YOU SUGGESTING THAT IF SOMEBODY IS
ARRESTED AND CHARGED WITH THIS CRIME THAT THEY MAY RECEIVE A
CONSECUTIVE SENTENCE ON TOP OF THE ORIGINAL SENTENCE THEY WOULD
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NYS ASSEMBLY MAY 8, 2025
RECEIVE ON THE MISDEMEANOR CASE?
MR. DINOWITZ: WELL, I CAN'T TELL YOU THAT. HOW --
HOW COULD I POSSIBLY KNOW THAT?
MR. TANNOUSIS: WELL, LET ME -- LET ME SAVE YOU
THE TIME. THE ANSWER IS NO.
MR. DINOWITZ: WELL, YOU DON'T KNOW THAT BECAUSE
THIS HASN'T BEEN IN EFFECT YET --
MR. TANNOUSIS: NO, NO, NO. AND I DO KNOW THAT.
MR. DINOWITZ: AND ALTHOUGH GIVEN YOUR PAST
EXPERIENCE MAYBE THAT WAS THE CASE. WE MIGHT HAVE -- DA'S OFFICES
MAY HANDLE THINGS DIFFERENTLY THAN THAT. THERE'S NO RULE THAT SAYS THAT
THEY CAN'T BE -- THAT THERE CAN'T BE PENALTIES FOR BOTH.
MR. TANNOUSIS: NO, NO, NO. THERE ARE RULES, MR.
DINOWITZ. SEE, IN THE STATE OF NEW YORK WHEN YOU ARE CHARGED WITH
ONE TRANSACTION AND POTENTIALLY YOU ARE CHARGED WITH AN A
MISDEMEANOR AND A B MISDEMEANOR AND THEN MAYBE THIS POTENTIAL
CHARGE, YOU CANNOT SENTENCE A DEFENDANT CONSECUTIVELY ON THE SAME
TRANSACTION. YOU SEE? IN ORDER TO SENTENCE THEM CONSECUTIVELY, IT
WOULD HAVE TO BE TWO SEPARATE INCIDENTS. SO IN ACTUALITY, BY LAW,
NOBODY WILL RECEIVE EXTRA TIME BY (INDISCERNIBLE/CROSS-TALK) THIS.
MR. DINOWITZ: I DISAGREE WITH THAT, BECAUSE WHEN
THE PENALTY IS ASSESSED ON SOMEBODY, THE LENGTH OF ANY POTENTIAL JAIL
TIME, YOU KNOW, THERE'S USUALLY A RANGE. AND THIS CAN MAKE THAT A
LONGER PENALTY. THERE'S A MAX, AND IT DOESN'T -- AND A JUDGE DOESN'T
ALWAYS SET THE MAXIMUM PENALTY. BUT IF THERE'S -- THERE'S THIS
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ADDITIONAL CRIME, AND THIS WOULD BE A CRIME, THEN THERE STILL COULD BE A
HIGHER PENALTY. YOU CAN FRAME IT ANY WAY YOU WANT; WELL, IT'S GONNA
BE, YOU KNOW, NOT CONSECUTIVE, IT'S GONNA RUN CONCURRENTLY, WHATEVER.
THE FACT IS THE JUDGE CAN STILL SENTENCE SOMEBODY TO MORE TIME IF
THEY'RE CONVICTED OF THIS AND THE UNDERLYING CRIME.
MR. TANNOUSIS: A JUDGE COULD TAKE INTO
CONSIDERATION CERTAIN THINGS. HOWEVER, THERE IS NOTHING IN THIS BILL
PERTAINING TO THIS MASK BILL THAT WOULD REQUIRE THE JUDGE TO ACTUALLY
TAKE ANYTHING ELSE INTO CONSIDERATION BEYOND THE CHARGES THAT ARE IN
FRONT OF THEM, CORRECT?
MR. DINOWITZ: THE -- THE JUDGE HAS CERTAIN
LATITUDE WHEN THE DETERMINING THE PENALTY.
(LAUGHTER/DOG BARKING)
I SOMETIMES CAN'T TELL IF IT'S A DOG OR IF IT'S PEOPLE
YELLING, BUT...
MR. TANNOUSIS: YES, I'M SORRY.
MR. DINOWITZ: THE FACT IS, I DON'T THINK ANYBODY
WANTS TO BE CONVICTED OF ANY CRIME, HAVE THAT CRIME ON THEIR RECORD.
SO EVEN IF WHAT YOU'RE SAYING IS TRUE, AND I'M NOT EVEN CONCEDING THAT,
THE FACT IS THEY WOULD HAVE AN ADDITIONAL CRIME ON THEIR RECORD. SO
PEOPLE -- AND I DON'T WANT TO JUST USE YESTERDAY'S THING AT COLUMBIA AS
THE ONLY EXAMPLE BECAUSE THERE ARE PLENTY OF OTHER CIRCUMSTANCES
WHERE THIS CAN COME INTO PLAY. BUT I'LL -- BUT IN TERMS OF THAT, DO YOU
REALLY THINK THAT THE PEOPLE WHO WERE THERE WOULD LIKE TO HAVE A
CRIMINAL CONVICTION, EVEN IF IT'S A CLASS B MISDEMEANOR? NO ONE
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WANTS THAT. AND THIS IS WHAT THEY WILL GET. AND I THINK THIS MAKES A
VERY IMPORTANT STATEMENT AS WELL AS -- AS SOMETHING THAT'S VERY
PRACTICAL, THAT THIS IS NOT SOMETHING WHICH WE THINK SHOULD BE
HAPPENING IN OUR STATE. THAT PEOPLE SHOULD BE NOT ONLY COMMITTING
CRIMES, BUT DOING IT WHILE THEY'RE CONCEALING THEIR IDENTITY AND
DELIBERATELY CONCEALING THEIR IDENTITY SO THEY CAN'T BE IDENTIFIED IN
TERMS OF HAVING COMMITTED THAT CRIME.
MR. TANNOUSIS: I'M SORRY, MR. DINOWITZ. ARE
YOU SUGGESTING THAT SOMEONE THAT IS ARRESTED AND CHARGED POTENTIALLY
WITH MULTIPLE CRIMES, NOW THOSE CRIMES THEY ARE CHARGED WITH IS GONNA
BE ON THEIR PERMANENT RECORD? IS THAT WHAT YOU'RE SUGGESTING? OR ARE
YOU TALKING ABOUT -- ARE YOU TALKING ABOUT CHARGES THAT THEY'RE PLEADING
GUILTY TO?
MR. DINOWITZ: IF SOMEBODY IS GUILTY OF A CRIME
THAT'LL BE ON THEIR RECORD.
MR. TANNOUSIS: CORRECT. SO YOU COULD CHARGE
THEM WITH THIS CRIME ALL YOU WANT. JUST BECAUSE SOMEBODY IS CHARGED
AND ARRESTED WITH A CRIME THAT DOESN'T APPEAR IN ANY PERMANENT RECORD.
MR. DINOWITZ: WELL, I'M GLAD YOU AGREE WITH THAT,
BECAUSE WE'VE BEEN SAYING THINGS LIKE THAT FOR YEARS.
MR. TANNOUSIS: THAT'S THE LAW. THAT'S SOMETHING
I AGREE WITH.
MR. DINOWITZ: THAT'S RIGHT. ONLY IF PEOPLE ARE
CONVICTED SHOULD THEY BE PENALIZED.
MR. TANNOUSIS: CORRECT.
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NYS ASSEMBLY MAY 8, 2025
MR. DINOWITZ: GOOD. I'M GLAD WE AGREE.
MR. TANNOUSIS: WHEN YOU -- I DON'T WANT TO
BELABOR THE POINT, BUT I JUST WANT TO GET THIS OUT THERE, OKAY? WHEN AN
INDIVIDUAL IS CHARGED ON A CRIMINAL COMPLAINT, OKAY, AND THEY -- LET'S
SAY THEY PLEAD GUILTY FOR THAT CRIMINAL TRANSACTION. HOW MANY CHARGES
DO THEY PLEAD GUILTY TO?
MR. DINOWITZ: I DON'T KNOW, THAT DEPENDS ON HOW
MANY CHARGES THEY'RE PLEADING GUILTY TO. HOW CAN I ANSWER THAT?
MR. TANNOUSIS: ONE. ONE CHARGE. SO MOST
LIKELY, THEY WON'T EVEN PLEAD GUILTY TO THIS CHARGE BECAUSE THIS CHARGE
WILL NOT BE THE HIGHEST CHARGE (INDISCERNIBLE/CROSS-TALK) --
ACTING SPEAKER HUNTER: MR. LAVINE, WHY DO
YOU RISE?
MR. LAVINE: WILL THE SPEAKER YIELD FOR JUST A
COUPLE OF BASIC CPL, CRIMINAL PROCEDURE LAW --
MR. TANNOUSIS: MR. LAVINE, I -- ALTHOUGH I
APPRECIATE IT, I WILL NOT. I TEND NOT TO INTERRUPT PEOPLE WHEN I -- WHEN
THEY SPEAK, SO I'M NOT (INDISCERNIBLE/CROSSTALK).
MR. LAVINE: I DON'T WANT TO INTERRUPT YOU.
ACTING SPEAKER HUNTER: THANK YOU. THE
SPEAKER DOES NOT YIELD.
MR. TANNOUSIS: THANK YOU, THOUGH.
YES, MR. LAVINE?
MR. DINOWITZ: IS -- IS -- SO --
MR. TANNOUSIS: MR. DINOWITZ, SORRY.
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NYS ASSEMBLY MAY 8, 2025
MR. DINOWITZ: LET ME SEE IF I CAN TRANSLATE WHAT
YOU'RE SAYING. THE TRANSLATION OF WHAT YOU'RE SAYING IS YOU DON'T THINK
WE SHOULD PASS LEGISLATION ADDRESSING THE ISSUE OF MASKED HARASSMENT
BECAUSE YOU DON'T THINK IT'LL MEAN ANYTHING. SO YOU WOULD RATHER US
DO NOTHING THAN DO SOMETHING.
MR. TANNOUSIS: NO. WHAT I WOULD RATHER YOU DO
IS ACTUALLY PASS LEGISLATION THAT WILL BE MEANINGFUL AND ACTUALLY HAVE
CONSEQUENCES THAT WILL ACTUALLY PROTECT THE PUBLIC. NOT PASS THIS TYPE
OF WINDOW DRESSING TYPE OF LEGISLATION THAT ANYBODY THAT WORKED IN
LAW ENFORCEMENT KNOWS; WHETHER YOU'RE A PROSECUTOR, A POLICE OFFICER
OR ANYTHING ELSE, IS NOT REALLY GONNA DO MUCH OF ANYTHING. BECAUSE
NOBODY THAT IS ACTUALLY PARTAKING IN THESE PROTESTS IS ACTUALLY GOING TO
CARE THAT THERE MIGHT BE AN ADD-ON CHARGE FOR WEARING A MASK. THEY'RE
GONNA WEAR IT ANYWAY. SO THAT'S MY POINT. I -- I'M --
MR. DINOWITZ: I THOUGHT THAT WAS A QUESTION, SO
LET ME ANSWER IT.
MR. TANNOUSIS: SURE, SURE, SURE.
MR. DINOWITZ: SO I -- I GUESS YOU CAN READ THE
MINDS OF ALL THESE PEOPLE AND KNOW THAT THE FACT IS, VARIOUS GROUPS,
ORGANIZATIONS, DIVERSE COALITION [SIC] THAT HAVE BEEN BEHIND PASSING
MASK LEGISLATION SUPPORT THIS BECAUSE I GUESS THEY BELIEVE THAT THIS IS
MEANINGFUL. NOW, MAYBE IT DOESN'T RISE UP TO THE STANDARDS OF WHAT
YOU WOULD LIKE, BUT IT'S MEANINGFUL AND IT'S NOT NUTTIN. THIS IS GONNA
COUNT FOR SOMETHING.
MR. TANNOUSIS: OKAY. WELL, I'M JUST SPEAKING
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NYS ASSEMBLY MAY 8, 2025
FROM EXPERIENCE. I'VE SPENT MORE TIME IN MY CAREER IN THE COURTROOM
THAN OUTSIDE THE COURTROOM, SO I AM JUST SPEAKING ON MY EXPERIENCE.
ANOTHER QUESTION I HAVE FOR YOU, MR. DINOWITZ.
WHERE IN THE BUDGET HAVE THERE BEEN ANY CHANGES TO BAIL REFORM?
WHERE IN THIS BILL HAVE THERE BEEN ANY CHANGES TO BAIL REFORM?
MR. DINOWITZ: I DON'T BELIEVE THE ISSUE OF BAIL
REFORM IS GERMANE TO THIS PARTICULAR BILL.
MR. TANNOUSIS: THANK YOU. ANY -- WHAT PART OF
THE BUDGET HAD CHANGES TO RAISE THE AGE TO HOLD -- ACCOUNT -- PEOPLE
ACCOUNTABLE FOR THEIR ACTIONS?
MR. DINOWITZ: THERE'S A LOT OF THINGS THAT MAY
NOT BE IN THE BUDGET, BUT WE'RE TALKING ABOUT THE THINGS THAT ARE
ACTUALLY IN THIS BILL. AND SO WHAT YOU'RE TALKING ABOUT HAS NO
RELEVANCE TO ANYTHING AS FAR AS I COULD SAY.
MR. TANNOUSIS: OKAY, SO I'LL TAKE THAT AS A NO.
WHAT PART OF THE BUDGET IN THIS PARTICULAR BILL
INCREASES JUDICIAL DISCRETION IN REGARDS TO SENTENCING OR ANYTHING ELSE?
MR. DINOWITZ: WELL, I'M HERE TO TALK ABOUT MASKS
AND DISCOVERY. SO I WOULD LOVE TO DEFER TO THE CHAIR -- BUT I WON'T DO
-- BUT I WON'T DO THAT BECAUSE YOU'RE -- I'LL JUST GIVE YOU THE SAME
ANSWER. WE'RE HERE TO TALK ABOUT WHAT'S CONTAINED IN THIS BILL, AND WE
DON'T HAVE THAT MUCH TIME. WE ONLY HAVE AN HOUR AND 55 MINUTES LEFT
AND I'M SURE YOU DON'T WANT TO EAT INTO THE TIME OF YOUR COLLEAGUES.
BUT I DON'T KNOW THE ANSWER TO ALL OF THOSE QUESTIONS, BUT AS FAR AS BAIL,
THAT'S NOT AN ISSUE THAT'S BEEN BEFORE US THIS TIME AROUND.
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NYS ASSEMBLY MAY 8, 2025
MR. TANNOUSIS: OKAY. THANK YOU, MR.
DINOWITZ.
MR. DINOWITZ: ANY TIME.
MR. TANNOUSIS. A PLEASURE AS ALWAYS.
ON THE BILL, MADAM SPEAKER.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. TANNOUSIS: OKAY. THIS BILL, WHETHER YOU
WANT TO CALL IT THE EVADING ARREST BY CONCEALMENT OF IDENTITY OR YOU
WANT TO CALL IT THE MASK BILL OR WHATEVER YOU WANT TO CALL IT, WHATEVER
THIS LEGISLATURE WANTS TO CALL IT, IS NOTHING MORE THAN WINDOW
DRESSING. IT IS A B MISDEMEANOR CHARGE THAT CANNOT BE A STANDALONE
CHARGE. SO IF SOMEBODY IS ALREADY CHARGED WITH AN A MISDEMEANOR OR
A FELONY, THAT IS THE ONLY WAY THEY WILL BE CHARGED WITH THIS PARTICULAR
CHARGE. I CAN TELL YOU, AND I'M SURE MANY OTHER PEOPLE IN THIS ROOM
WILL TELL YOU, THAT WHEN SOMEBODY IS ARRESTED ON THE SAME CRIMINAL
TRANSACTION AND THERE IS A COMPLAINT THAT IS FILED WITH THE COURT, THERE
ARE QUITE A FEW CHARGES ON THAT DOCKET. THIS BILL GUARANTEES THAT
EVADING ARREST BY CONCEALMENT OF IDENTITY WILL NOT BE THE HIGHEST
CHARGE THEY WILL FACE. AS A RESULT, PROBABLY NOT GOING TO BE THE CHARGE
THEY WILL PLEAD GUILTY TO. THIS WILL NOT DO ANYTHING TO PROTECT THE
PUBLIC. THIS WILL NOT DO ANYTHING TO PROJECT -- TO PROTECT OUR JEWISH
BROTHERS AND SISTERS. THIS IS NOTHING BUT WINDOW DRESSING TO PRETEND
THAT WE'RE HELPING.
ANOTHER BUDGET, SOME DISCOVERY REFORMS MADE. NO
CHANGES TO BAIL REFORM. NO CHANGES TO RAISE THE AGE. NO SUBSTANTIVE
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CHANGES TO INCREASE JUDICIAL DISCRETION. SAME YEAR AFTER YEAR.
MADAM SPEAKER, I VOTE NO.
ACTING SPEAKER HUNTER: THANK YOU, MR.
TANNOUSIS.
MS. GONZÁLEZ-ROJAS.
MS. GONZÁLEZ-ROJAS: THANK YOU, MADAM
SPEAKER.
ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MS. GONZÁLEZ-ROJAS: I RISE TODAY NOT ONLY AS A
ASSEMBLYMEMBER, BUT AS A PROUD MEMBER OF THE MOM SQUAD. AND
LET ME TELL YOU, THE MOMS SHOWED UP TO FIGHT FOR AN EQUITABLE BUDGET,
AS WE DO YEAR AFTER YEAR. THIS BUDGET BILL IS A TESTAMENT TO WHAT
HAPPENS WHEN WE LEAD WITH OUR VALUES. WHEN WE CENTER THE NEEDS OF
CHILDREN, OUR FAMILIES AND OUR MOST VULNERABLE COMMUNITIES.
AFTER YEARS OF ORGANIZING, ADVOCATING, AND REFUSING TO
BACK DOWN, I AM SO THRILLED TO SHARE THAT UNIVERSAL SCHOOL MEALS WILL
FINALLY BE A REALITY IN NEW YORK STATE. FOR THREE YEARS I'VE
CHAMPIONED THIS CAUSE ALONGSIDE A LARGE AND BIPARTISAN GROUP IN OUR
CHAMBER, WITH MY SENATE PARTNER, WITH PARENTS ACROSS THE STATE, WITH
FOOD JUSTICE ADVOCATES, WITH ANTIPOVERTY ORGANIZATIONS, AND WITH THE
NEW YORK STATE UNITED TEACHERS UNION. BECAUSE WE ALL BELIEVE THAT
NO CHILD SHOULD GO HUNGRY IN SCHOOL. AND WE ALL KNOW THAT WE CANNOT
TEACH A HUNGRY CHILD. AND NOW EVERY SINGLE ONE OF NEW YORK'S 2.7
MILLION CHILDREN WILL HAVE ACCESS TO A FREE, HEALTHY BREAKFAST AND FREE
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HEALTHY LUNCH, NO MATTER THEIR ZIP CODE OR INCOME LEVEL.
WE HAVE ERASED A STIGMA. WE HAVE EASED THE BURDEN
ON WORKING FAMILIES, AND WE HAVE NOURISHED THE MINDS AND BODIES
ACROSS THE STATE. AND THIS IS MORE THAN JUST A POLICY WIN, THIS IS A
CULTURAL SHIFT. THIS IS EQUITY IN ACTION.
AND FOR THE FIRST TIME EVER, NEW YORK IS LAUNCHING A
BIRTH ALLOWANCE FOR FAMILIES RECEIVING PUBLIC ASSISTANCE. A ONE-TIME
$1,800 CASH BENEFIT FOR NEW MOTHERS. BUT I WANT TO BE CLEAR; THIS IS
JUST THE BEGINNING. RESEARCH HAS SHOWED [SIC] THAT DIRECT CASH
ASSISTANCE TO NEW PARENTS CAN BE LIFE-CHANGING. IT IMPROVES MATERNAL
HEALTH, INFANT DEVELOPMENT, AND ECONOMIC OUTCOMES FOR FAMILIES. THIS
INVESTMENT RECOGNIZES THE REALITY OF WHAT IT COSTS TO WELCOME A CHILD
INTO THE WORLD, AND IT SIGNALS A BROADER COMMITMENT TO FIGHTING
POVERTY THROUGH TRUST IN OUR PEOPLE. BUT WE MUST ADEQUATELY INVEST IN
THIS PROGRAM IN FUTURE YEARS TO ENSURE ITS SUCCESS. BECAUSE LET'S BE
HONEST; DIAPERS, FORMULA, CAR SEATS, CRIBS, THESE AREN'T LUXURIES, THEY'RE
NECESSITIES. AND NOW WE'RE SAYING TO OUR MOST VULNERABLE MOMS, WE
SEE YOU, WE VALUE YOU, AND WE HAVE YOUR BACK.
WE ALSO PRESERVED IN THIS BUDGET CRITICAL SUPPORT FOR
WORKING FAMILIES BY PROTECTING THE CHILDCARE ASSISTANCE PROGRAM
FROM DEVASTATING CUTS. NEW YORK CITY HAD PROPOSED ELIMINATING
CHILDCARE FOR UP TO 7,000 FAMILIES, BUT WE FOUGHT BACK. WE HELD THE
LINE, BECAUSE EVERY PARENT DESERVES TO KNOW THEIR CHILD IS SAFE AND
CARED FOR WHILE THEY WORK TO PROVIDE FOR THEIR FAMILY.
AND THIS YEAR'S BUDGET ALSO INCLUDES A CRITICAL LIFELINE
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FOR FAMILIES FACING HOUSING INSECURITY. THE HOUSING ACCESS VOUCHER
PROGRAM, A LONG OVERDUE INITIATIVE, IS NOW FUNDED AS A PILOT PROGRAM.
IT WILL HELP KEEP NEW YORKERS HOUSED BY BRIDGING THE GAP BETWEEN
INCOME AND RENT. BUT AGAIN, LET'S BE CLEAR. THIS IS JUST THE START. THIS
IS NOT THE FINISH LINE. WE MUST FULLY FUND THIS PROGRAM AT THE LEVEL IT
DESERVES; 250 MILLION PER YEAR TO TRULY ADDRESS OUR HOUSING CRISIS AND
PREVENT HOMELESSNESS ACROSS OUR STATE.
AND I'M THRILLED TO CELEBRATE ANOTHER KEY VICTORY IN
THIS BUDGET. WE STRENGTHEN THE VERY FORMULA THAT DETERMINES HOW OUR
SCHOOL ARE FUNDED. WE INCREASE SUPPORT FOR ENGLISH LANGUAGE
LEARNERS, WHICH IS A WIN FOR NEW YORK CITY WHERE SO MANY STUDENTS
GROW UP SPEAKING A LANGUAGE OTHER THAN ENGLISH AT HOME.
WE ALSO UPDATED THE REGIONAL COST INDEX, WHICH
MEANS SCHOOLS IN HIGH-COST AREAS WILL FINALLY RECEIVE THE AID THAT
REFLECTS THE COST THAT THEY FACE. AND WE MODERNIZE HOW WE MEASURE
POVERTY IN SCHOOLS BY USING UPDATED DATA SOURCES, ENSURING OUR MOST
DISADVANTAGED STUDENTS ARE NO LONGER OVERLOOKED. THESE ARE LONG
OVERDUE REFORMS THAT WILL MAKE OUR SCHOOL AID FORMULA MORE FAIR,
MORE ACCURATE, AND MORE JUST. AND THEY HELP LEVEL THE PLAYING FIELD
FOR CHILDREN IN DISTRICTS LIKE MINE.
AND FINALLY, I WANT TO UPLIFT A VICTORY FOR OUR STUDENTS
AND OUR WORKFORCE; OUR CONTINUED COMMITMENT TO CUNY AND SUNY
AND THE INVESTMENT IN JOB TRAINING PROGRAMS. THIS BUDGET INCLUDES DUE
INVESTMENTS IN APPRENTICESHIPS, WORKFORCE DEVELOPMENT, AND THE NEW
YORK STATE OPPORTUNITY PROMISE, A PROPOSAL THAT WILL MAKE
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COMMUNITY COLLEGE FREE FOR ADULT LEARNERS PURSUING ASSOCIATE'S DEGREES
IN HIGH-DEMAND FIELDS LIKE NURSING, TEACHING, TECH, AND ENGINEERING.
THERE ARE OVER FOUR MILLION WORKING-AGE ADULTS IN NEW YORK WITHOUT A
COLLEGE DEGREE OR A CREDENTIAL. THIS PROGRAM COULD COVER TUITION, FEES
AND BOOKS. IT CAN OPEN THE DOORS OF OPPORTUNITY AND BUILD THE
WORKFORCE OUR STATE NEEDS. WE MUST DO EVERYTHING TO PUT MORE NEW
YORKERS ON THE PATH TO SUCCESS.
THIS IS A BUDGET THAT REFLECTS MANY OF OUR VALUES, AND
YET THERE'S STILL SO MUCH WORK TO DO. IT CONTAINS MEANINGFUL WINS FOR
OUR CHILDREN, FOR OUR FAMILIES, FOR OUR COMMUNITIES, AND IT'S THE RESULT
OF TIRELESS ADVOCACY BY PARENTS, BY EDUCATORS, BY SOCIAL WORKERS AND
COMMUNITY LEADERS. BUT WE KNOW THIS BUDGET IS NOT PERFECT, AND THAT'S
WHY WE'LL KEEP ORGANIZING, WE'LL KEEP PUSHING, WE'LL KEEP FIGHTING,
BECAUSE WHEN MOMS LEAD, MOMS WIN. AND TO THE SPEAKER, TO MY
AMAZING TEAM, TO MY COLLEAGUES IN THIS -- IN THE MAJORITY, AND
ESPECIALLY THOSE IN THE MOM SQUAD, THANK YOU. TO EVERY NEW YORKER
RAISING A CHILD WHILE FIGHTING FOR A BETTER WORLD, THESE WINS ARE FOR YOU.
SO LET'S KEEP GOING. LET'S KEEP BUILDING. LET'S MAKE
NEW YORK THE BEST PLACE IN THE COUNTRY TO RAISE A FAMILY WITH DIGNITY,
SUPPORT AND LOVE. THANK YOU SO MUCH.
ACTING SPEAKER HUNTER: THANK YOU.
MR. MOLITOR.
MR. MOLITOR: THANK YOU, MADAM SPEAKER. WILL
THE SPONSOR YIELD?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
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NYS ASSEMBLY MAY 8, 2025
YIELD?
MR. PRETLOW: YES, I WILL.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MR. MOLITOR: MR. PRETLOW, THIS IS ON DISCOVERY.
SO, I KNOW MR. DINOWITZ WAS FIELDING THIS QUESTION --
MR. PRETLOW: I'LL -- I'LL HAPPILY TO YIELD MY TIME
TO MR. DINOWITZ.
MR. MOLITOR: THANK YOU. MR. DINOWITZ, I WASN'T
GOING TO ASK ANY QUESTIONS ABOUT THIS, BUT OVER THE COURSE OF THE
DEBATE, AT LEAST AT THE VERY BEGINNING, I GOT A LITTLE BIT CONFUSED, AND SO
I WANT TO CLARIFY SOME THINGS. THE WAY I UNDERSTAND THE WAY THIS LAW
IS BEING INTERPRETED -- OR THIS BILL -- IT'S NOT YET LAW -- IS THAT A
PROSECUTOR'S DILIGENCE UNDER THE LAW ONLY APPLIES TO THOSE DISCOVERABLE
MATERIALS THAT ARE OUTSIDE OF THEIR POSSESSION, CUSTODY AND CONTROL,
RIGHT? SO, FOR EXAMPLE, I HAVE A WITNESS IN A CASE. I HAVE TO TALK TO
MY WITNESS AND MAKE SURE THAT I'VE OBTAINED ALL THE AVAILABLE
EVIDENCE. BUT THE WAY -- THE WAY YOU'RE INTERPRETING THE LAW, IF --
WE'RE TALKING ABOUT A POLICE AGENCY, ALL THAT STUFF IS AUTOMATICALLY
DEEMED TO BE IN MY POSSESSION ALREADY; MEANING, I DON'T HAVE TO DO
ANYTHING TO GO AND OBTAIN IT.
MR. DINOWITZ: THE -- FIRST -- FIRST OF ALL, DILIGENT.
THE -- THE PROSECUTOR HAS TO BE DILIGENT IN OBTAINING ALL DISCOVERY.
MR. MOLITOR: RIGHT.
MR. DINOWITZ: DILIGENT. THAT MEANS THEY JUST
CAN'T SAY, WELL, YOU KNOW -- THEY'RE NOT -- NOT DO SOMETHING AND THEN --
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AND THEY'RE JUST LIKE, SAY, I COULDN'T GET IT. THEY HAVE TO MAKE EVERY
EFFORT TO OBTAIN EVIDENCE THAT'S THERE. AND THE -- IF THE POLICE DO NOT
HAVE -- IF THE POLICE HAVE EVIDENCE, BUT IT'S NOT IN THE HANDS OF THE
PROSECUTOR, IT'S -- IT'S STILL IN THE HANDS OF THE PROSECUTOR, ESSENTIALLY.
THEY --
MR. MOLITOR: RIGHT.
MR. DINOWITZ: -- SO THEY HAVE TO GET ALL THAT STUFF.
MR. MOLITOR: AND -- AND SO IN THE MATTER OF THE
EFFORT THAT THE PROSECUTOR MAKES TO GET EVERY PIECE OF DISCOVERABLE --
PIECE OF DISCOVERABLE MATERIAL FROM THEIR VARIOUS LAW ENFORCEMENT
AGENCIES, IF SOMETHING IS NOT -- IS INADVERTENTLY MISSED, REGARDLESS OF
ITS VALUE TO THE CASE, AS THE WAY YOU'RE INTERPRETING THIS BILL, THE
PROSECUTOR WILL HAVE NOT COMPLIED WITH THEIR DISCOVERY OBLIGATIONS.
MR. DINOWITZ: WELL, I'M -- I'M NOT INTERPRETING
THE BILL. I MEAN, EVERYTHING IS -- IS WRITTEN IN PLAIN LANGUAGE. IT'S -- OR
LAW, BUT IT'S WRITTEN IN PLAIN LANGUAGE. BUT THE PROSECUTOR -- THERE --
THERE ARE -- IN -- IN THE BAY CASE, THE COURT OF APPEALS LOOKED AT A
NUMBER OF FACTORS, AND I'M JUST GONNA MENTION SOME OF THEM --
MR. MOLITOR: NO. I -- I'VE READ BAY. I DON'T -- I
DON'T NEED YOU TO READ THE FACTORS TO BAY --
MR. DINOWITZ: WELL, THEN YOU SHOULD KNOW THE
ANSWERS TO THE QUESTION BECAUSE YOU READ BAY.
MR. MOLITOR: WELL, BUT BAY ALSO SAYS, THE COURT
OF APPEALS SAYS, THERE'S NO SUCH THING AS A PERFECT PROSECUTOR. THERE'S
NO SUCH THING AS A PERFECT PERSON. WE KNOW THAT. AND MY FEAR IS THAT
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NYS ASSEMBLY MAY 8, 2025
THIS -- THIS BILL THAT WE'RE ANTICIPATING VOTING ON TODAY, IS GOING TO
IMPOSE STRICT LIABILITY ON THE PROSECUTOR.
MR. DINOWITZ: WELL, LET -- LET ME ALLEVIATE YOUR
FEAR, BECAUSE I DON'T -- I WOULDN'T SAY -- I WOULDN'T CHARACTERIZE IT THE
WAY YOU DID. THE PROSECUTOR HAS TO MAKE EVERY POSSIBLE EFFORT. BUT
IF -- IF THERE'S SOMETHING THAT WAS MISSED, BUT THEY MADE THE EFFORT TO
COMPLY, YOU KNOW, A COURT WILL LOOK AT; HOW MUCH DISCOVERY, HOW
COMPLICATED THE CASE IS, IF THE PROSECUTOR KNEW THAT THEY DIDN'T GET
SOMETHING, BUT THEY MADE THE EFFORT TO DO IT. THERE'S A WHOLE BUNCH OF
THINGS THAT THE PROSECUTOR CAN DO TO MAKE SURE THAT THEY CAN SUBMIT THE
CERTIFICATE OF COMPLIANCE, AND DO IT HONESTLY. AND, I DON'T THINK THIS
IS OVERLY BURDENSOME. I MEAN, CERTAINLY, IF YOU'RE A DEFENDANT, YOU
WOULD WANT TO MAKE SURE THAT YOU HAVE EVERY OPPORTUNITY TO HAVE ALL
THE EVIDENCE AVAILABLE TO YOU. AND ONE OF THE MANY REASONS IS THAT, IN
THE PAST, MANY PEOPLE ENTERED A PLEA WITHOUT KNOWING ALL THE --
WITHOUT KNOWING ALL THE CIRCUMSTANCES. AND THAT'S REALLY NOT FAIR.
MR. MOLITOR: I --
MR. DINOWITZ: I MEAN, LISTEN, I WANT EVERY BAD
PERSON THAT DID A CRIME TO GO TO JAIL. BUT, THERE'S A RIGHT WAY TO DO
THINGS AND THERE'S A WRONG WAY TO DO THINGS. AND THIS MAKES SURE WE
DO THINGS THE RIGHT WAY WITH GIVING PEOPLE THEIR DUE PROCESS TO WHICH
THEY'RE ENTITLED UNDER THE CONSTITUTION. SO --
MR. MOLITOR: I --
MR. DINOWITZ: -- I DON'T THINK -- I DON'T THINK YOUR
FEARS ARE WELL-FOUNDED.
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MR. MOLITOR: I'M SORRY, MR. DINOWITZ. I -- I'M
SORRY FOR INTERRUPTING YOU. I -- I AGREE WITH EVERYTHING YOU SAID. IT'S
JUST THAT SOME OF THE QUESTIONS ASKED BY OUR COLLEAGUES HERE TODAY
SEEM TO INDICATE THAT A PROSECUTOR IS AUTOMATICALLY IN POSSESSION OF
EVERYTHING THAT'S IN POSSESSION OF ALL OF THE LAW ENFORCEMENT AGENCIES
WITHIN THEIR COUNTY. AND THAT IF THEY FAIL, REGARDLESS OF THE EFFORTS THAT
THEY TAKE IN ORDER TO OBTAIN THAT MATERIAL, IF THEY FAIL TO TURN SOMETHING
OVER, THE CASE -- THE CERTIFICATE OF COMPLIANCE WILL BE DEEMED INVALID.
MR. DINOWITZ: WHAT -- WHAT WE'RE DOING TODAY
DOESN'T CHANGE WHAT THE CURRENT LAW IS IN TERMS OF WHAT YOU JUST SAID
ABOUT THE PROSECUTOR BEING, ESSENTIALLY, IN POSSESSION OF -- OF ALL THE
EVIDENCE THAT THE POLICE HAVE. SO THAT'S NOT BEING CHANGED HERE AT ALL.
MR. MOLITOR: WELL, WE ARE CHANGING THIS
DISCOVERY STATUTE, AND WE'RE NOW PUTTING QUITE A FEW THINGS ON THE
RECORD THAT GO TO THE LEGISLATIVE INTENT. AND SOME COURTS HAVE
INTERPRETED, YOU KNOW, WHAT THAT MEANS -- WHAT THE AUTOMATIC
POSSESSION OF POLICE MATERIALS IN THE PROSECUTOR HANDS. WHAT DOES
THAT EXACTLY MEAN? YOU KNOW, AM I, AS A PROSECUTOR, AM I -- AM I
BEING DILIGENT BY GOING TO -- BECAUSE WE DON'T DEFINE "DILIGENCE" IN THE
STATUTE, DO WE?
MR. DINOWITZ: AGAIN, WE'RE -- WE'RE NOT -- WE'RE
NOT CHANGING THE PIECE ABOUT THE POLICE, THE DOCUMENTS THAT THEY HAVE,
AND, THE FACT THAT THAT PROSECUTOR HAS POSSESSION.
(CONFERENCING)
WELL -- AND -- AND -- AND -- AND SINCE YOU READ THE
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BAY CASE, THE ISSUE OF -- OF DILIGENCE IS -- IS REALLY VERY KEY HERE. AND
THAT CASE LAYS OUT WHAT'S INVOLVED THERE. AND IF THE PROSECUTORS MAKE
EVERY EFFORT THAT THEY POSSIBLY CAN, AND DO THINGS THE WAY THEY HAVE TO
IN TERMS OF THE TIMETABLE AND EVERYTHING ELSE, THEN I DON'T BELIEVE THAT
A CASE WILL BE JUST THROWN OUT ON THAT BASIS.
NOW LET ME -- LET ME JUST TELL YOU THAT, THESE CASES --
SO LET ME TRY TO ANSWER IT. AND I'LL JUST TAKE A MINUTE. THE -- THE DATA
THAT WE HAVE OF CASES THAT HAVE BEEN DISMISSED BECAUSE OF DISCOVERY
VIOLATIONS RELATE MOSTLY TO MISDEMEANORS. THROUGHOUT THE STATE, THE
PERCENTAGE OF FELONY CASES THAT HAVE BEEN DISMISSED ON DISCOVERY
GROUNDS, HAS NOT CHANGED IN THE PAST SIX YEARS. AND, IN FACT, THE
PERCENTAGE OF CASES -- OF MISDEMEANOR CASES HAS NOT CHANGED OUTSIDE
THE CITY OF NEW YORK; WITHIN THE FOUR BOROUGHS OTHER THAN STATEN
ISLAND, THAT'S WHERE THE -- THE -- THE INCREASE IN DISMISSALS HAVE BEEN.
SO WHAT WE'RE DOING TODAY, I DON'T THINK IS -- IF
ANYTHING, IT'S GOING TO RESULT IN A FEW DISMISSALS.
MR. MOLITOR: SO, YOU WOULD AGREE WITH ME THAT
REGARDLESS OF WHERE THE PROSECUTOR IS TRYING TO OBTAIN THE DISCOVERABLE
MATERIAL FROM; WHETHER IT'S A LAY WITNESS OR IT'S A LAW ENFORCEMENT
AGENCY, THE QUESTION AS TO DILIGENCE WILL BE LEFT TO THE COURT? WHETHER
THE PROSECUTOR WAS DILIGENT, IT'LL BE LEFT TO THE COURT?
MR. DINOWITZ: WELL, ULTIMATELY, IT'S UP TO THE
COURTS. YES.
MR. MOLITOR: OKAY. ALL RIGHT. AND IN THESE
DISCOVERY CHANGES -- WELL, IN THE DISCOVERY LAW, IN GENERAL, THE DEFEND
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-- THE DEFENDANT ALSO HAS TO FILE THE CERTIFIC -- CERTIFICATE OF
COMPLIANCE WITHIN SO MANY DAYS AFTER THE PROSECUTOR, IS THAT CORRECT?
MR. DINOWITZ: YES -- YES. THEY HAVE TO -- THEY
HAVE A CERTAIN AMOUNT OF TIME TO RESPOND AFTER THE PROSECUTOR FILES THE
CERTIFICATE OF COMPLIANCE.
MR. MOLITOR: AND THEY'RE REQUIRED TO TURN OVER
ANY DISCOVERABLE MATERIALS THAT ARE LISTED IN THE STATUTE?
MR. DINOWITZ: YES.
MR. MOLITOR: IS -- HAVE THOSE PROVISIONS BEEN
CHANGED? BECAUSE I KNOW -- I KNOW IN 2 -- IN CPL 240 -- OR 245.20,
SUBDIVISION (1), THOSE PROVISIONS SPECIFICALLY RELATE TO THE PROSECUTION.
HAVE THE -- HAVE THE PROVISIONS FOR THE DEFENSE CHANGED AS WELL?
MR. DINOWITZ: THEY HAVE NOT.
MR. MOLITOR: OKAY. AND HAS THERE -- HAS ANY
CHANGE BEEN MADE? BECAUSE THE WAY THE STATUTE CURRENTLY OPERATES IS
IF THE DEFENSE FAILS TO FILE A CERTIFICATE OF COMPLIANCE, THERE'S REALLY NO
REMEDY. HAVE WE PROVIDED A REMEDY NOW IF THE DEFENSE FAILS TO
COMPLY WITH THE CERTIFICATE OF COMPLIANCE REQUIREMENT?
MR. DINOWITZ: THAT -- NO. THAT -- THAT HASN'T
BEEN THE ISSUE THAT WE'VE BEEN DEALING WITH. BUT THE ANSWER IS NO.
MR. MOLITOR: OKAY.
(PAUSE)
I DON'T THINK I HAVE ANY FURTHER QUESTIONS.
THANK YOU, MR. DINOWITZ.
MR. DINOWITZ: THAT'S IT?
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NYS ASSEMBLY MAY 8, 2025
MR. MOLITOR: THAT'S IT --
MR. DINOWITZ: OKAY.
MR. MOLITOR: -- EASY.
ACTING SPEAKER HUNTER: THANK YOU.
MR. NORBER.
MR. NORBER: THANK YOU, MADAM SPEAKER.
THANK YOU. WOULD THE -- MR. DINOWITZ YIELD?
ACTING SPEAKER HUNTER: MR. DINOWITZ,
THROUGH THE CHAIRMAN, WILL YOU YIELD?
MR. NORBER: TRY TO KEEP IT SHORT. THANK YOU VERY
MUCH. I DO APPRECIATE ALL THE QUESTIONS YOU'VE BEEN ASKING -- OR BEEN
ANSWERING THE PAST COUPLE OF HOURS ALREADY. LISTENING TO EVERYTHING, I
KNOW THAT WE CAN RELATE ON MANY ISSUES, BEING ME AND YOU COMING
FROM THE SAME KIND OF BACKGROUND. BUT I DO WANT TO SPEAK ABOUT THE
MASK ISSUE, MASK BILL, AS IT PERTAINS TO THE JEWISH COMMUNITY. MY
COMMUNITY, MY COUNTY, IS PROBABLY ONE OF THE MOST POPULOUS JEWISH
COMMUNITIES IN THE UNITED STATES. SO I THINK THAT IT'S IMPORTANT THAT
WE BRING THIS UP.
DO YOU KNOW RIGHT NOW WHICH MINORITY GROUP IS
BEING THE MOST AFFECTED BY HATE CRIMES IN NEW YORK?
MR. DINOWITZ: YES. I BELIEVE THAT THE JEWISH
COMMUNITY BY FAR IS THE COMMUNITY MOST AFFECTED BY HATE CRIMES.
THIS LEGISLATION IS NOT -- DOESN'T APPLY JUST TO THE JEWISH COMMUNITY,
OBVIOUSLY --
MR. NORBER: OBVIOUSLY. NOTHING TO DO WITH IT.
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MR. DINOWITZ: -- IT APPLIES TO ALL COMMUNITIES.
BUT THE FACT IS, IS THAT BOTH IN NEW YORK AND NATIONALLY, THERE HAVE
BEEN A HEAVILY DISPROPORTIONATE NUMBER OF HATE CRIMES DIRECTED AT THE
JEWISH COMMUNITY. IN FACT, THE REPORT THAT CAME OUT BY ADL JUST A --
A COUPLE OF WEEKS AGO, INDICATED THAT THROUGHOUT THE UNITED STATES
THERE WAS A HATE CRIME DIRECTED AGAINST THE JEWISH COMMUNITY EVERY
HOUR OF THE ENTIRE YEAR OF 2024. SO, THERE'S NOT EVEN A CLOSE SECOND
WHEN IT COMES TO THAT. AND, THAT IS ALSO TRUE IN NEW YORK. WHILE
OTHER COMMUNITIES HAVE DEFINITELY BEEN IMPACTED --
MR. NORBER: YES.
MR. DINOWITZ: -- BY HATE CRIMES, AND I THINK THE
MUSLIM COMMUNITY, ASIAN AMERICAN COMMUNITY, AMONG OTHERS, HAVE
BEEN IMPACTED. NO QUESTION ABOUT IT --
MR. NORBER: RIGHT.
MR. DINOWITZ: -- BUT THE JEWISH COMMUNITY BY
FAR HAS BEEN THE MOST IMPACTED COMMUNITY.
MR. NORBER: THANK YOU SO MUCH FOR DOING MY
RESEARCH FOR ME.
MR. DINOWITZ: ANY TIME.
MR. NORBER: THAT'S GREAT. YOU'RE ABSOLUTELY
RIGHT. AND WE BOTH BELIEVE -- AND YOU JUST HAD AN EVENT HERE TWO DAYS
AGO ABOUT A NOW -- NEVER AGAIN IS NOW, CORRECT? AND SO, I GUESS, WE
UNDERSTAND WHAT THIS -- THE PROBLEM IS RIGHT NOW WITH THE JEWISH
COMMUNITIES IN THE ENTIRE STATE. AND WE'RE TALKING ABOUT THE MASK
BAN, UP TO NOW THE MASK ISSUE, BUT NOBODY'S TALKING ABOUT WHY IT'S
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BEEN AN ISSUE RIGHT NOW, AND WHO'S TRYING TO PROMOTE IT, AND WHY IT'S
IMPORTANT FOR SPECIFIC COMMUNITIES MORE THAN OTHERS. SO I'M
GONNA ASK -- WE'RE TALKING ABOUT THE LEGISLATION ABOUT IT, BUT I'M ASKING
YOU SOME VERY -- VERY SIMPLE QUESTIONS ABOUT IT.
SO, IS CALLING AN ISRAELI AN F'ING ZIONIST, IS THAT A
CRIME --
MR. DINOWITZ: I'M SORRY -- SAY -- SAY THAT AGAIN --
SAY THAT AGAIN. I -- (INDISCERNIBLE/CROSSTALK)
MR. NORBER: IS CALLING AN ISRAELI AN F'ING ZIONIST,
IS THAT A CRIME?
MR. DINOWITZ: I CAN'T -- SAY IT AGAIN.
MR. NORBER: IS CALLING AN ISRAELI, OR A JEW, AN
F'ING ZIONIST, IS THAT A CRIME?
MR. DINOWITZ: IS CALLING SOMEBODY A -- A ZIONIST
A CRIME?
MR. NORBER: YEAH.
MR. DINOWITZ: I -- I DON'T KNOW THAT IT'S GERMANE
TO THIS BILL SPECIFICALLY. I CAN GIVE YOU MY OPINION --
MR. NORBER: IT DOES --
(CROSSTALK)
MR. DINOWITZ: -- BECAUSE --
MR. NORBER: -- BECAUSE ALL THE PEOPLE THAT ARE
WEARING THESE MASKS --
MR. DINOWITZ: -- I CAN GIVE YOU MY OPINION.
MR. NORBER: -- YEAH.
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MR. DINOWITZ: OFTEN WHEN SOMEBODY IS CALLED A
ZIONIST IN HOSTILE CIRCUMSTANCES, THERE IS NO QUESTION IN MY MIND THAT
IT'S AN ANTI-JEWISH REMARK.
MR. NORBER: RIGHT.
MR. DINOWITZ: THAT'S WHAT I BELIEVE --
MR. NORBER: ME TOO.
MR. DINOWITZ: -- BUT THAT'S NOT WHAT -- THAT'S NOT
WHAT THIS BILL IS EXACTLY.
MR. NORBER: THAT'S DEFINITELY NOT THE BILL IS, FOR
SURE, BUT THAT'S WHAT I WANT TO GET TO.
IS DISSEMINATING TERRORIST PROPAGANDA IN THE
UNIVERSITIES, IS THAT A CRIME?
(CONFERENCING)
MR. DINOWITZ: DISSEMINATING TERRORIST
PROPAGANDA. I -- I -- I'D HAVE -- I DON'T ACTUALLY KNOW THE ANSWER TO
THAT. BUT I BELIEVE IF YOU ARE SIMPLY SPEAKING IN AND OF ITSELF, SPEAKING
IS NOT A CRIME. BUT COMMITTING A CRIME --
MR. NORBER: RIGHT.
MR. DINOWITZ: -- A FELONY IS -- OR A CLASS A
MISDEMEANOR, IS WHAT'S COVERED IN THIS BILL. THERE ARE A LOT OF THINGS
THAT HAVE BEEN GOING ON THAT I DON'T LIKE --
MR. NORBER: RIGHT.
MR. DINOWITZ: -- AND THAT -- JUST BECAUSE I DON'T
LIKE SOMETHING, JUST BECAUSE I THINK THAT SOME OF THE PEOPLE DOING
SOME OF THESE THINGS ARE HORRIBLE PEOPLE WHO ARE FILLED WITH HATE, THAT
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NYS ASSEMBLY MAY 8, 2025
IN AND OF ITSELF, WHAT'S IN PEOPLE'S HEADS IS NOT NECESSARILY A CRIME.
BUT WHAT PEOPLE DO --
MR. NORBER: RIGHT.
MR. DINOWITZ: -- AND WHAT THEIR MOTIVATIONS ARE,
THAT COULD BE A CRIME.
MR. NORBER: OKAY. THAT'S CORRECT.
SO LET'S -- ANOTHER EXAMPLE, JUST SOMETHING THAT
HAPPENED THIS PAST YEAR. SOMEBODY WEARING A MASK, YELLING IN THE
MIDDLE OF THE SUBWAY: ARE THERE ANY ZIONISTS HERE? ARE ANY JEWS
HERE? PLEASE STAND UP. IS THAT A CRIME?
MR. DINOWITZ: (NO RESPONSE)
MR. NORBER: I JUST WANT TO KNOW AT THE END OF THE
DAY --
MR. DINOWITZ: THAT -- THAT -- IN MY OPINION -- I'M
FAMILIAR WITH THE INCIDENT THAT YOU'RE TALKING ABOUT --
MR. NORBER: I KNOW.
MR. DINOWITZ: -- IT HAPPENED ABOUT THE SAME
TIME AS THE PRESIDENT OF THE BROOKLYN MUSEUM'S HOME WAS ATTACKED
BECAUSE SHE WAS JEWISH. WHAT HAPPENED ON THAT SUBWAY COULD BE --
COULD BE CONSIDERED A HATE CRIME.
MR. NORBER: OKAY. GOOD.
DO YOU BELIEVE THAT THIS BILL DOES ENOUGH TO FIGHT
AND -- AND STOP IN ITS TRACKS, THESE TYPES OF THREATS, HARASSMENTS,
VIOLENCE AGAINST OUR COMMUNITY?
MR. DINOWITZ: THERE'S PROBABLY NO BILL THAT I
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WOULD THINK -- THAT I WOULD THINK WOULD DO ENOUGH. HOWEVER --
MR. NORBER: YEAH.
MR. DINOWITZ: -- WHAT THIS BILL DOES IS MORE THAN
NOT DOING THIS BILL DOES. AND IF YOU VOTE AGAINST THIS BILL, THEN YOU ARE
NOT DOING ANYTHING. AND, SO, I WOULD STRONGLY URGE THAT YOU CONSIDER
VOTING FOR THIS; OTHERWISE, YOU CAN BE EASILY CHARACTERIZED AS NOT DOING
THE RIGHT THING IN TERMS OF THIS ISSUE.
MR. NORBER: OKAY. ALL RIGHT.
SO, JUST ANOTHER QUESTION, QUICKLY. IF HUNDREDS OF
PROTESTORS WOULD BE WALKING AROUND THE STREETS OF NEW YORK WITH
NAZI OR KKK INSIGNIA OR PILLOWCASES ON THEIR HEADS, IS IT OUR
RESPONSIBILITY IN THIS LEGISLATIVE BODY TO STOP THAT?
MR. DINOWITZ: AGAIN, I HAVE AN OPINION ON THAT.
I DID NOT THINK -- I DID NOT AGREE WITH THE POSITION OF THE AMERICAN
CIVIL LIBERTIES UNION THAT NAZIS SHOULD BE ABLE TO MARCH WITH
IMPUNITY THROUGH THE TOWN OF SKOKIE, ILLINOIS.
MR. NORBER: RIGHT.
MR. DINOWITZ: BUT THAT'S -- THAT'S ME. SOME
PEOPLE TOTALLY DISAGREE WITH THAT. SOME PEOPLE THINK THAT THAT'S THEIR --
PART OF THEIR RIGHT TO FREE SPEECH. I THINK THAT THERE ARE -- THERE ARE
CERTAIN LIMITATIONS. I DON'T THINK THAT WE SHOULD TAKE LYING DOWN
PEOPLE COMMITTING HATE. AND THERE IS NO QUESTION THAT WHILE, OVER THE
YEARS, MOST OF THE HATRED DIRECTED AGAINST THE JEWISH COMMUNITY,
BECAUSE THAT'S WHAT YOU'RE TALKING ABOUT HERE, HAS TRADITIONALLY COME
FROM ONE END OF THE POLITICAL SPECTRUM. BUT IN MORE -- IN THE PAST
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COUPLE OF YEARS, IT'S COME FROM BOTH ENDS OF THE POLITICAL SPECTRUM.
AND I THINK WE GOTTA DO EVERYTHING WE CAN TO TRY TO ADDRESS THAT ISSUE.
AND THIS IS ONE WAY THAT THEY'RE TRYING TO ATTACK. AND IT'S NOT JUST FOR
THE JEWISH COMMUNITY, AS I SAID. THIS COULD IMPACT ANY COMMUNITY,
NOT JUST THE JEWISH COMMUNITY.
MR. NORBER: SO WHY NOT BRING BACK THE MASK BAN
AS IT WAS IN 2 -- 2020 UNTIL COVID? WHAT WAS THE REASON BEHIND NOT
JUST REPEALING THE REPEAL OF THE MASK BAN?
MR. DINOWITZ: WELL, YOU -- YOU KNOW THAT -- AS I
MENTIONED EARLIER, THE MASK LAW THAT WE HAD BACK BEFORE COVID, THE
PENALTY WAS A VIOLATION, WHICH PROBABLY WOULD RESULT IN A DESK
APPEARANCE TICKET. THAT LAW WAS UPHELD. I KNOW THAT THERE WERE THOSE
IN CERTAIN SEGMENTS, MAYBE EVEN IN THIS ROOM, WHO WOULD THINK THAT
THAT VIOLATED PEOPLE'S FIRST AMENDMENT RIGHTS, BUT THE COURTS
DISAGREED. THAT HAD BEEN ADJUDICATED, AND IT WAS UPHELD. BUT THAT --
THAT'S NOT THE LAW WE'RE VOTING ON TODAY. WE'RE VOTING ON THIS. THIS --
WHICH IS A CLASS B MISDEMEANOR, NOT -- AND -- AND, AGAIN, NOT A MASK
BAN.
MR. NORBER: OKAY. I DO UNDERSTAND THAT THERE'S A
NEED TO PROTECT THE RIGHTS OF THOSE WHO ARE WEARING MASKS FOR
MEDICINAL OR RELIGIOUS PURPOSES OR BECAUSE THE FIRST AMENDMENT,
WHICH I COMPLETELY BELIEVE IN, BUT IS WEARING THESE -- AS THESE PEOPLE
WEARING THESE HAMAS KUFIYAS AND THE HAMAS INSIGNIA, IS IT MORE
IMPORTANT TO PROTECT THEIR RIGHTS THAN PROTECTING THE SAFETY OF STUDENTS,
CHILDREN IN THESE HIGH SCHOOLS WHO ARE BEING HARASSED AND THREATENED
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EVERY DAY?
MR. DINOWITZ: I THINK --
MR. NORBER: WHAT I WANT TO SAY IS, WE CAN FIND A
WAY IN THIS BODY TO AT LEAST PUT A BILL TOGETHER THAT WOULD MAKE SENSE
FOR EVERYBODY. IT'S JUST THAT WE DIDN'T HAVE THE OPPORTUNITY TO HAVE THAT
KIND OF DELIBERATION HERE. AND -- AND SINCE I GOT --
MR. DINOWITZ: I THINK IT'S --
MR. NORBER: -- INTO OFFICE THIS YEAR, I WAS
SUSPECTING -- ASSUMING SINCE OCTOBER 7TH, WITH ALL THIS VIOLENCE GOING
ON, AND HARASSMENT, THAT WE COULD GET TOGETHER AND DO THAT. AND THAT
NEVER HAPPENED.
MR. DINOWITZ: I THINK IT'S CRITICALLY -- CRITICALLY
IMPORTANT TO PROTECT EVERYBODY'S RIGHTS. AND AS -- AS WE DISCUSSED
EARLIER, SOME COMMUNITIES HAVE FACED MORE DISCRIMINATION, AT LEAST
RECENTLY, OR AT LEAST MORE HATE CRIMES THAN OTHERS.
I DON'T -- DURING COVID I WAS AMONG THE LAST PEOPLE
TO STOP WEARING A MASK. I BELIEVE STRONGLY THAT WE SHOULD HAVE BEEN
WEARING MASKS. BUT, SEE, MY MASK DID -- COVERED MY NOSE, MY
MOUTH. IT DIDN'T COVER MY HEAD, IT DIDN'T COVER MY -- UP -- UP HERE
(INDICATING), IT DIDN'T COVER MY EARS. BECAUSE I WASN'T TRYING TO
CONCEAL MY IDENTITY. I WASN'T TRYING TO LIE ABOUT PEOPLE. I DON'T LIKE
MASKS, AS A GENERAL RULE. IF PEOPLE NEED THEM FOR THEIR HEALTH-RELATED
PURPOSES, THEY NEED IT FOR RELIGIOUS PURPOSES, OR WHATEVER, FINE. BUT
THE MASKS THAT WE SEE, SUCH AS THE ONES WE SAW YESTERDAY AT COLUMBIA
UNIVERSITY OR THE MASKS THAT THE PROUD BOYS WEAR WHEN THEY PUT THE
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SKI MASK OVER THEIR HEAD AS WE SAW ON JANUARY 6TH AND BEYOND
JANUARY 6TH, OR, FRANKLY, THE MASKS THAT ICE AGENTS WEAR WHEN THEY
ARREST PEOPLE SOMETIMES, I DON'T LIKE ANY OF THAT. BUT THIS BILL -- THIS
BILL IS DIRECTED AT THE -- THE PROVISIONS ARE VERY SIMPLE. MR. REILLY --
(CROSSTALK)
MR. NORBER: I UNDERSTAND THAT YOU WANT TO PROTECT
THE JEWISH COMMUNITY, ALSO. AND -- BUT YOU'RE SAYING THIS BILL DOES
SOMETHING DO IT. WHAT DOES IT DOES -- WHAT DOES IT DO TO HELP THE
JEWISH COMMUNITY? WHAT DOES IT -- IF YOU'RE SAYING THAT I SHOULD
SUPPORT THIS BILL, BECAUSE I'M GOING TO VOTE NO ON IT, JUST BECAUSE OF
THIS BILL, BECAUSE IT DOESN'T DO ANYTHING, WHAT DOES IT DO?
MR. DINOWITZ: WHAT I'M SAYING IS THAT THIS BILL
CAN CAUSE SOMEBODY TO BE CHARGED WITH AN ADDITIONAL CRIME IF THEY
COMMIT A CRIME WHILE WEARING A MASK, TRYING TO CONCEAL THEIR IDENTITY,
OR FLEEING FROM A CRIME. SO, THEY COULD BE CHARGED WITH AN ADDITIONAL
CRIME.
MR. NORBER: ALL RIGHT.
ON THE BILL.
THANK YOU VERY MUCH. THANK YOU FOR YOUR TIME.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. NORBER: OKAY. THIS IDEA OF WEARING A KUFIYA
MASK OR HAMAS INSIGNIA IN ORDER TO THREATEN AND -- AND HARASS
LAW-ABIDING JEWS, STUDENTS, AND CHILDREN IN HIGH SCHOOLS, IT'S CURRENTLY
BEING PERPETUATED BY OUR INABILITY IN THIS BODY TO DISCUSS THE MATTER.
JEWS OF NEW YORK STATE ARE SUFFERING AND ARE BEING COMPLETELY
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IGNORED. THIS IS NOT A POLITICAL ISSUE, AND IN NO WAY SHOULD IT BE
CONTROVERSIAL. YOU CAN SAY THAT THIS A FIRST AMENDMENT QUESTION, BUT
IT REALLY ISN'T. BECAUSE WE HAVE FOUND WAYS IN THE PAST TO MAKE
BALANCE BETWEEN FIRST AMENDMENT ISSUES AND KEEPING PEOPLE SAFE.
ALL RIGHT. BECAUSE OF THAT, I WILL VOTING NO ON THIS. I
HOPE THAT THIS YEAR, OR NEXT YEAR, WE COULD JUST WORK TOGETHER AS A
TEAM, AS A DELIBERATIVE BODY TO PROTECT ALL MINORITIES; ESPECIALLY, THOSE
WHO ARE, ON A DAILY BASIS, SUFFERING BY THE HANDS OF PEOPLE WHO ARE
PROMOTING TERRORISM IN OUR COUNTRY. THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
MS. WALSH.
MS. WALSH: THANK YOU, MADAM SPEAKER.
WILL CHAIR PRETLOW YIELD, OR WILL MR. BENEDETTO YIELD
FOR SOME QUESTIONS ABOUT THIS CELL PHONE POLICY? YOUR PREFERENCE.
MR. PRETLOW: MR. BENEDETTO WILL YIELD.
ACTING SPEAKER HUNTER: MR. -- THE CHAIR
YIELDS TO MR. BENEDETTO.
MS. WALSH: THANK YOU SO MUCH.
MR. BENEDETTO: SURE.
MS. WALSH: I JUST HAVE -- AS I SAID, JUST A FEW
CLARIFYING QUESTIONS. WE 'VE TOUCHED ON IT A LITTLE BIT, BUT I WANTED TO
JUST GO THROUGH THE SCHOOL BELL-TO-BELL CELL PHONE POLICY, PART C. SO,
IN THE BEGINNING OF THE -- THIS SECTION IT TALKS ABOUT, I BELIEVE, THAT
NON-INTERNET ENABLED DEVICES SUCH AS CELLULAR PHONES OR OTHER
COMMUNICATION DEVICES NOT CAPABLE OF CONNECTING TO THE INTERNET OR
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ENABLING THE USER TO ACCESS CONTENT ON THE INTERNET. THEY -- THEY'RE
OUTSIDE THE SCOPE OF THIS BAN, IS THAT CORRECT?
MR. BENEDETTO: THAT IS CORRECT.
MS. WALSH: OKAY. SO, IN OTHER WORDS, WHEN I
THINK ABOUT, I THINK ABOUT THOSE OLD, LIKE, CLAMSHELL, LIKE, FLIP PHONES
AND STUFF THAT AREN'T SMARTPHONES. THOSE WOULD STILL BE PERMISSIBLE IN
THE SCHOOL SETTING?
MR. BENEDETTO: THAT IS CORRECT.
MS. WALSH: OKAY. AND SCHOOL DAY -- THE
DEFINITION OF "SCHOOL DAY," I JUST WANTED TO CLARIFY. WHAT IF THERE IS,
FOR EXAMPLE, A FIELD TRIP WITHIN THE SCHOOL, THE SCHOOL HOURS, YOU
KNOW, BUT THEY'RE OFF ON A SCHOOL TRIP, DO THEY -- ARE THEY GONNA HAVE
TO SECURE THEIR PHONES AND -- ARE THEY GONNA NOT HAVE ACCESS TO THEIR
PHONES DURING THOSE?
MR. BENEDETTO: THAT WOULD BE OFF SCHOOL
GROUNDS, SO --
MS. WALSH: THAT'S TRUE. OKAY --
MR. BENEDETTO: -- THAT WOULD BE UP TO THE
SCHOOL POLICY --
MS. WALSH: THAT'S THE DISTINCTION. OKAY, IF THEY'RE
OFF SCHOOL GROUNDS. AND I'M -- AND I'M PRESUMING THAT AFTER THAT
SCHOOL BELL RINGS AT THE END OF THE DAY, AND STUDENTS GO ON TO ATHLETIC
PRACTICE OR THEATER PRACTICE, OR WHATEVER THEY'RE DOING AFTER SCHOOL, IF
IT'S ON THE SCHOOL GROUNDS, THEY MAY AT THAT POINT HAVE THEIR
CELLPHONES, IS THAT CORRECT?
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MR. BENEDETTO: THAT IS CORRECT.
MS. WALSH: OKAY. I WANTED TO KNOW, IT -- IT SPOKE
A LITTLE BIT ABOUT -- THERE WERE A LOT OF "SHALL" -- S-H-A-L-LS ALL
THROUGHOUT THE -- THE SECTION. AND I UNDERSTAND. BUT WHAT DO WE DO
WITH -- OR WHAT DO YOU FORESEE IS GOING TO HAPPEN FOR THOSE SCHOOLS --
AND I REPRESENT SOME OF THEM. MAYBE YOU DO AS ALL -- WHO ALREADY
WENT THROUGH ALL THAT EFFORT OF GATHERING STAKEHOLDERS TOGETHER,
MEETING WITH THE PTA, MEETING WITH THEIR TEACHERS, AND COMING UP
WITH THEIR OWN PLAN THAT WAS SOMETHING LESS OF A BELL-TO-BELL CELLPHONE
PROHIBITION?
MR. BENEDETTO: THEY WILL HAVE TO ABIDE BY THE
LAW AS ALL SCHOOLS CERTAINLY WANT TO DO. AND THEY WOULD MAKE
NECESSARY ADJUSTMENTS, CONSULTING THE -- ALL THE PEOPLE WHO ARE
INTERESTED BODIES, AND THEY WILL HAVE TO ADJUST THEIR SCHOOL POLICIES IN
ACCORDANCE WITH THE LAW.
MS. WALSH: AND -- AND I CAN UNDERSTAND THAT. MY
QUESTION, I GUESS, MORE SPECIFICALLY IS, DO THEY NEED TO START FROM
SQUARE ONE AGAIN? DO THEY NEED TO HOLD ALL THOSE MEETINGS AND
STAKEHOLDER MEETINGS, AND EVERYTHING? OR CAN THEY JUST SAY, WELL, WE
CAME UP WITH THIS. IT GOT US 80 PERCENT THERE. NOW WE'RE GONNA HAVE
TO ADJUST THE POLICY AND JUST RELEASE IT -- HOPES THAT POLICY AS IS CALLED
FOR IN THIS LEGISLATION?
(CONFERENCING)
I ASK BECAUSE I'VE BEEN ASKED ABOUT IT.
MR. BENEDETTO: THEY WILL PROBABLY HAVE TO
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MEET UNDERNEATH THE LAW, AND CALL THE STAKEHOLDERS TOGETHER AND HAVE A
DISCUSSION. IT COULD BE A RATHER LIMITED DISCUSSION BECAUSE THEY
ALREADY HAVE A POLICY, AND ONLY NEED TO MAKE SMALL CHANGES. BUT THEY
WILL HAVE TO CONSULT.
MS. WALSH: VERY GOOD. THANK YOU.
AND THEN IN PART 7 OF THIS PARTICULAR SECTION, IT TALKS
ABOUT PUBLISHING AN ANNUAL REPORT ON ITS WEBSITE. CAN YOU TALK A LITTLE
BIT ABOUT WHAT THAT REPORT NEEDS TO INCLUDE, AND WHY THAT REPORTING IS A
PART OF THIS PLAN?
MR. BENEDETTO: I THINK IT WOULD BE -- TO TAKE A
LOOK AT IF A -- AFTER A YEAR OR SO YOU WANT TO TAKE A LOOK AT THE POLICY
THAT YOU HAVE IMPLEMENTED, AND -- AND TAKE A LOOK AT WHETHER THERE
HAVE BEEN X AMOUNT OF VIOLATIONS TO THAT POLICY, WHAT SUCCESS HAS
BEEN ACHIEVED BY THAT POLICY, AND TO FURTHER JUST LOOK AT AND MAKE SURE
YOU MADE THE RIGHT DECISION.
MS. WALSH: OKAY. SO EACH -- EACH AND EVERY YEAR
FROM NOW GOING FORWARD, THIS IS A REPORT -- THIS IS GONNA BE DATA THAT
NEEDS TO BE COLLECTED BY THE SCHOOL DISTRICT. I AM ASSUMING THAT THIS IS
A DISTRICTWIDE REPORT THAT'S GONNA BE ASSEMBLED. SO, IN OTHER WORDS, IF
YOU'VE GOT, YOU KNOW, X NUMBER OF ELEMENTARY SCHOOLS, THEN YOU GOT
YOUR MIDDLE SCHOOL AND YOUR HIGH SCHOOL, YOU'RE GONNA BE AGGREGATING
DATA, AND THEN PUTTING IT UP ON -- ON THE SCHOOL'S DEPARTMENT -- SCHOOL
DISTRICT'S WEBSITE?
MR. BENEDETTO: THAT IS CORRECT.
MS. WALSH: OKAY. ALL RIGHT. AND IT DOES SPEAK
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ABOUT -- AROUND LINE 13 OR 14, ON THAT PAGE, 33, THAT INCLUDING
NON-IDENTIFIABLE DEMOGRAPHIC DATA OF STUDENTS WHO HAVE FACED
DISCIPLINARY ACTION FOR NONCOMPLIANCE, AND ANALYSIS OF ANY
DEMOGRAPHIC DISPARITIES IN ENFORCEMENT OF THE POLICY. COULD YOU JUST
EXPLAIN WHAT THAT SECTION MEANS? I DON'T UNDERSTAND IT. THANK YOU.
(CONFERENCING)
MR. BENEDETTO: WE CERTAINLY WANT, AND, AGAIN,
THE REASON TO BE LOOKED AT, TO MAKE SURE THE POLICY THAT THEY HAVE BEEN
EMPLOYING OVER THE PAST YEAR HAS BEEN IMPLEMENTED FAIRLY. AND WHAT
YOU WANT TO DO IS TAKE AN ANALYSIS OF IT AND MAKE SURE IT HAS BEEN.
MS. WALSH: BUT WHAT -- WHEN WE TALK ABOUT
DEMOGRAPHIC DISPARITIES, WHAT SPECIFICALLY ARE WE LOOKING AT? ARE WE
LOOKING AT -- AT RACE, RELIGION, GENDER, ALL OF THE ABOVE? WHAT --
WHAT -- IS THAT THE KIND OF STUFF THAT WE'RE LOOKING AT?
MR. BENEDETTO: YES.
MS. WALSH: IS IT ANTICIPATED IN ANY WAY THAT THERE
WOULD BE A SELECTIVE ENFORCEMENT OF A POLICY BASED ON DEMOGRAPHICS?
MR. BENEDETTO: WE HAVE GREAT CONFIDENCE IN ALL
OUR ADMINISTRATORS THROUGHOUT THE -- THE DISTRICTS THAT IT WILL BE
IMPLEMENTED FAIRLY. BUT, THERE'S ALWAYS A CHANCE THAT IT MIGHT NOT BE,
AND WE JUST WANT TO LOOK INTO IT.
MS. WALSH: AND FOR THAT REASON, EVERY SINGLE YEAR
MOVING FORWARD THE -- THE SCHOOL DISTRICTS GONNA HAVE TO BE COMPILING
THIS DATA AND DOING THIS REPORT. AND -- AND I APPRECIATE YOUR ANSWERS.
THAT'S MY -- I GUESS, MY OWN EDITORIAL ON THAT. BUT THANK YOU VERY,
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MR. BENEDETTO.
MR. BENEDETTO: YOU'RE WELCOME. IT'S ALWAYS A
PLEASURE --
MS. WALSH: ALWAYS A PLEASURE.
VERY BRIEFLY, MADAM SPEAKER, ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MS. WALSH: SO I DO -- I WAS PERSONALLY ONE OF
THOSE PEOPLE THAT HAD BEEN IN FAVOR OF ALLOWING THOSE SCHOOL DISTRICTS
THAT HAD ALREADY GONE THROUGH ALL THAT WORK, AND HAD DETERMINED BY
WORKING COLLABORATIVELY WITH ALL THE STAKEHOLDERS IN THEIR DISTRICTS ON A
PLAN, AND THAT PLAN WAS WORKING, TO JUST BE ABLE TO KEEP THAT PLAN AND
NOT HAVE TO START ALL OVER. I IMAGINE THAT WHEN -- AND CERTAINLY THE --
THE SCHOOL DISTRICTS THAT I'M THINKING OF, HAD CONSIDERED THE IDEA OF A
BELL-TO-BELL CELLPHONE BAN, AND HAD REJECTED IT FOR PROBABLY ANY
NUMBER OF REASONS. BUT, THEY CAME TO SOMETHING THAT WAS ALMOST
THERE, BUT MAYBE IT WAS A LITTLE BIT OF A -- OF A SOFTER PLAN, BUT IT WAS
WORKING FOR THEM. AND SO I HATE THE IDEA THAT ON TOP OF EVERYTHING
ELSE THAT THE SCHOOLS HAVE -- WE ASK THEM TO DO, ARE GONNA HAVE TO GO
BACK TO SQUARE ONE, GATHER THE STAKEHOLDERS TOGETHER, MEET WITH THE
PTA, MEET WITH THE -- THE TEACHERS UNION, MEET WITH THE SCHOOL
SUPERINTENDENTS, BUT, YOU KNOW, MEET WITH EVERYBODY AND COME UP
WITH IT AGAIN. BUT SOBEIT. I DO NOTE THAT THE -- THAT THERE IS NO MODEL
POLICY THAT'S BEEN INCLUDED. SO IT'S KIND OF LIKE WE GAVE THEM THE
MANDATE BUT NOT THE -- NOT A MODEL POLICY TO ADOPT. BUT -- I DON'T
KNOW. THE -- THE PART ABOUT THE REPORTING AT THE END THAT I WAS JUST
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ASKING THE PREVIOUS SPEAKER ABOUT, I MEAN, I GUESS THE THING IS, WHEN I
MEET WITH SCHOOL SUPERINTENDENTS -- AND I KNOW THAT WE JUST CELEBRATED
TEACHERS' WEEK HERE BY RESOLUTION -- BUT WHEN I SPEAK WITH SCHOOL
SUPERINTENDENTS, THEY TALK ABOUT ALL THE REPORTING REQUIREMENTS THAT
THEY HAVE. AND IT'S ALMOST LIKE DEATH BY A THOUSAND CUTS. AND I JUST
HATE THE IDEA OF -- OF ADDING ANOTHER THING ON TO THEM. BUT I SUPPOSE,
AT LEAST AT THE BEGINNING, WE'RE GONNA WANT TO CHECK IN AND SEE HOW
THE POLICY IS WORKING. SO I -- I WOULD BE SUPPORTIVE OF THAT AS WELL.
SO I DO THINK THAT IT'S GONNA HAVE THE IDEA OF ELIMINATING THE INFLUENCE
OF SMARTPHONES IN SCHOOLS DURING THE INSTRUCTIONAL DAY. I THINK IT'S
GONNA BE A VERY, VERY INTERESTING THING TO TRACK IN TERMS OF
ATTENTIVENESS. REMOVING A DISTRACTION LIKE THAT, I THINK IT'S GONNA BE
VERY INTERESTING IF WE COULD EVER QUANTIFY OR EVEN ANECDOTALLY ANALYZE
WHAT IT DOES IN TERMS OF HOW STUDENTS ARE INTERACTING WITH EACH OTHER.
AND ANYTHING THAT WE COULD DO TO IMPROVE MENTAL HEALTH IN THE
SCHOOLS IS VERY -- IT'S VERY IMPORTANT. I'VE WORKED ON LEGISLATION TO TRY
TO CURB BULLYING IN SCHOOLS. AND I THINK THAT -- I -- I -- I AM JUST VERY
EXCITED BY THE IDEA THAT -- I KNOW THAT MANY STUDENTS THAT I KNOW ARE
PROBABLY NOT TOO EXCITED ABOUT THIS IDEA, BUT I -- I DO THINK THAT IN THE
LONG RUN IT MAY BE A GREAT BENEFIT; PARTICULARLY, AS WE'VE COME OUT
FROM THE PANDEMIC, AND HAVE STILL HAD SO MUCH LEARNING LOSS, AND
SOCIAL LOSS, TO TRY TO START TO REVERSE. SO I DO THINK THAT THIS IS A GOOD
POLICY, AND I DO SUPPORT IT.
I THINK WHAT I'LL DO IS, RATHER THAN TO USE THAT TIME
RIGHT NOW, I'M GOING TO YIELD BACK THE REMAINDER OF MY TIME SO THAT WE
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CAN FINISH UP ON THIS PARTICULAR PIECE OF LEGISLATION, AND PERHAPS I'LL
EXPLAIN MY VOTE LATER. THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
MS. BAILEY.
MS. BAILEY: THANK YOU, MADAM SPEAKER. WILL
THE CHAIR YIELD FOR A HANDFUL OF QUESTIONS?
ACTING SPEAKER HUNTER: WILL THE CHAIR
YIELD?
MR. PRETLOW: (INDISCERNIBLE).
ACTING SPEAKER HUNTER: THE CHAIR YIELDS.
MS. BAILEY: I JUST HAVE A COUPLE QUESTIONS ON THE
EV BUSES. WE SAT IN MANY BUDGET HEARINGS AND -- AND EV BUSES CAME
UP QUITE FREQUENTLY. SO, I SEE IN THE PROVISIONS THAT WE HAVE OUTLINED
HERE, WE ARE EXTENDING THE ORIGINAL TWO YEARS TO A FOUR YEAR WAIVER, IF
NECESSARY, FOR SCHOOLS.
MR. PRETLOW: WELL, YES. TWO YEARS AND ANOTHER
TWO YEARS.
MS. BAILEY: OKAY. SO --
MR. PRETLOW: MAYBE.
MS. BAILEY: -- BASED OFF OF WHAT HAD PASSED
PREVIOUSLY WHERE IT HAD THE TWO YEARS ALREADY BUILT INTO IT, DO WE HAVE
SCHOOLS THAT HAVE ALREADY APPLIED FOR THAT TWO-YEAR EXTENSION?
MR. PRETLOW: I -- I AM NOT SURE OF THAT. I DON'T
BELIEVE SO.
MS. BAILY: NO? OKAY --
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MR. PRETLOW: NO.
MS. BAILY: THANK YOU. AND SO WILL -- I ALSO READ
AT THE -- THE BOTTOM LANGUAGE: THE APPLICATION WILL BE AVAILABLE ON --
THE COMMISSIONER SHALL MAKE THE APPLICATION AVAILABLE ON THE WEBSITE
BY DECEMBER 31ST OF THIS YEAR.
MR. PRETLOW: YES.
MS. BAILY: OKAY. SO, HOPEFULLY, AT THAT POINT IN
TIME WE'LL HAVE AN UNDERSTANDING IN THE BEGINNING OF THE YEAR HOW
MANY SCHOOLS MIGHT BE LOOKING FOR THE INITIAL TWO-YEAR EXTENSION?
MR. PRETLOW: YES.
MS. BAILEY: OKAY. SO, WE'RE GONNA WORK ON THE
TWO-YEAR EXTENSION. AND THEN IF THEY NEED TO GO OUT TO THE -- TO THE
FOUR YEAR, THAT'S GOING TO REQUIRE THE SCHOOLS TO MEET WITH NYSERDA
ON AN ANNUAL BASIS TO DISCUSS THEIR PLAN MOVING FORWARD.
MR. PRETLOW: THAT IS CORRECT.
MS. BAILEY: I'M UNDERSTANDING THAT? CORRECT.
OKAY.
MY NEXT QUESTION IS: HAVE WE -- I'M NOT SURE HOW WE
GOT TO THIS POINT IN THE NEGOTIATIONS. SO, DURING THAT TIME, ARE YOU
AWARE, IS THERE ANY PROVISION IF WE GO OUT PAST FOUR YEARS, WHAT THAT
MIGHT LOOK LIKE FOR OUR SCHOOLS AND OUR SCHOOL BOARDS?
MR. PRETLOW: NOT RIGHT NOW.
MS. BAILY: OKAY. AND HAVE WE DISCUSSED THIS
WITH THE SCHOOL BOARDS? AND DO WE HAVE AN UNDERSTANDING OF HOW
THEY FEEL THIS -- THIS SECTION OF THE BILL WILL PLAY OUT FOR THEM?
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NYS ASSEMBLY MAY 8, 2025
MR. PRETLOW: WELL, I HAVEN'T PRESENTLY DISCUSSED
IT WITH THE SCHOOL BOARDS OTHER THAN THE SCHOOL BOARDS THAT I REPRESENT,
AND THEY BOTH HAVE ISSUES WHILE WITH THE PLAN AS WE HAVE IT GOING
FORWARD.
MS. BAILEY: AND I WOULD AGREE WITH YOU ON THAT.
AND HAVE WE REACHED OUT TO NYSERDA TO FIND OUT, ONCE WE REACH
THAT THREE OR FOUR YEAR POINT, WHAT THAT MIGHT ENTAIL FOR THEM TO MEET
WITH THESE SCHOOL DISTRICTS ACROSS THE STATE INDEPENDENTLY?
MR. PRETLOW: WELL, I THINK THE FULL
IMPLEMENTATION DATE IS GONNA DEPEND ON WHETHER THE INFRASTRUCTURE IS
IN PLACE, AS THEY -- ONE OF OUR COLLEAGUES FORMALLY HAS TALKED ABOUT,
THE INFRASTRUCTURE NOT BEING SUFFICIENT. RIGHT NOW WE DON'T HAVE THE
CAPACITY TO GENERATE THE -- ENOUGH ELECTRICITY TO CHARGE ALL OF THE BUSES
AS -- AS PERCEIVED. AND WE DON'T HAVE THE CHARGING STATIONS THAT THE
BUS DEPOTS OR THE SCHOOLS, DEPENDING ON THE WAY PEOPLE GET THEIR
SCHOOL BUSES FROM. SO THERE ARE A LOT OF ISSUES THAT ARE STILL OPEN. SO
I'M PRETTY SURE THAT THAT TWO YEAR PLUS TWO YEAR WILL BE EXTENDED
ANOTHER TWO TO FOUR YEARS.
MS. BAILEY: WELL, THANK YOU. I'M GLAD TO HEAR YOU
SAY THAT. AND I APPRECIATE YOU ANSWERING MY QUESTIONS.
ACTING SPEAKER HUNTER: THANK YOU.
MR. BLUMENCRANZ.
MR. BLUMENCRANZ: THANK YOU. WILL THE
SPONSOR OR, I GUESS, MR. BENEDETTO, THROUGH THE SPONSOR, YIELD FOR
SOME QUESTIONS ON PART A?
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NYS ASSEMBLY MAY 8, 2025
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD --
MR. BENEDETTO: OF COURSE.
ACTING SPEAKER HUNTER: -- THROUGH
MR. BENEDETTO?
MR. PRETLOW: THE SPONSOR YIELDS.
ACTING SPEAKER HUNTER: THANK YOU.
MR. BLUMENCRANZ: MR. BENEDETTO, MY
QUESTIONS PERTAIN WITH THE ELL INCREASES THAT WE SAW IN THE BUDGET.
COULD YOU JUST TALK A LITTLE BIT ABOUT WHAT HAPPENED THERE? WHY THE 3
PERCENT? IS THERE JUSTIFICATION TO THE 50 TO 53 PERCENT INCREASE IN THE
ELL WAITING THE NEXT SCHOOL YEAR?
MR. BENEDETTO: WELL, I THINK WE JUST FELT THAT AN
ADJUSTMENT SHOULD BE MADE. THERE HAS BEEN A -- AN INCREASE OF -- OF --
OF CHILDREN WHO HAVE COME INTO THE SYSTEM WHO ARE NOT ENGLISH
SPEAKERS. AND REFLECTIVE OF THAT, THEY MADE AN ADJUSTMENT.
MR. BLUMENCRANZ: WAS THERE -- WHAT DID THE
CONSULTATIONS WITH EXPERTS LOOK LIKE? HOW -- HOW EXACTLY DID THE
NUMBER THAT WAS CHOSEN, HOW DID THAT COME TO BE? I'M --
(CONFERENCING)
MR. BENEDETTO: IT WAS BASED ON PARTIALLY BY
THE -- THEY -- ONE OF THE SUGGESTIONS MADE BY THE ROCKEFELLER --
MR. BLUMENCRANZ: THE COMPREHENSIVE STUDY
THEY RELEASED?
MR. BENEDETTO: YES, THE STUDY THAT THEY MADE.
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AND BASED UPON THE NEEDS OF THE COMMUNITIES AND NEEDS OF THE -- OF
THE VARIOUS NOT ENGLISH SPEAKING STUDENTS.
MR. BLUMENCRANZ: SO, JUST FOR FRAME OF
REFERENCE, DO YOU HAVE A -- AWARENESS TO THE -- THE LEVELS WHEN IT
COMES TO ELL STUDENTS WHO HAVE ENTERING, EMERGING, TRANSITIONING,
AND THEN YOU HAVE EXPANDING AND COMMANDING PROFICIENCY OF THE
LANGUAGE? ARE YOU AWARE OF THE DIFFERENT REQUIREMENTS AT EACH LEVEL?
MR. BENEDETTO: THE -- THE TEAM WHO PUT THIS
FORMULA TOGETHER CERTAINLY DID.
MR. BLUMENCRANZ: THE TEAM AT ROCKEFELLER?
MR. BENEDETTO: CORRECT.
MR. BLUMENCRANZ: SO, WHEN I SPEAK TO MY
SCHOOL DISTRICTS, THIS IS OFTEN SOMETHING THAT COMES UP, I HAVE A LOT OF
SCHOOL DISTRICTS WITH EMERGING LEARNERS ON LONG ISLAND. THE PAST TEN
YEARS, THERE'S BEEN A 60 PERCENT INCREASE. MY DISTRICT, IN PARTICULAR, THE
SCHOOLS HAVE BEEN MORE THAN DOUBLE. IS THERE ANY CHANGE TO THE -- THE
SUPPORT PROVIDED PER LEVEL OF EFFICIENCY THAT IS CURRENTLY IN PLACE?
MR. BENEDETTO: NO. IT'S A FLAT INCREASE.
MR. BLUMENCRANZ: WAS THERE A CONVERSATION
SURROUNDING POTENTIALLY MAKING REFORMS BASED ON LEVELS OF
PROFICIENCY? I ASK, BECAUSE IF SOMEONE IS AN EMERGING STUDENT, AND
MANY OF MY DISTRICTS HAVE MOSTLY EMERGING NEW AMERICANS, THEY
SPEAK NO ENGLISH, AND THEY NEED THE 360 MINUTES OF EDUCATION. VERSUS
MANY SCHOOL DISTRICTS THAT HAVE MORE THAN DOUBLE THE NUMBER OF
STUDENTS, BUT THEY ARE IN -- CLASSIFIED AS EXPANDING OR COMMANDING,
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THEY NEED LITTLE TO NO EXTRA SUPPORT IN COMPARISON TO THOSE EMERGENT
STUDENTS.
MR. BENEDETTO: SO, PLEASE REPEAT THE QUESTION --
MR. BLUMENCRANZ: THE QUESTION IS --
MR. BENEDETTO: -- BECAUSE I WANT TO UNDERSTAND
IT BEFORE I ANSWER IT.
MR. BLUMENCRANZ: THE STUDY WAS RELEASED.
MANY EXPERTS, SCHOOL DISTRICTS THAT WERE CONCERNED, SCHOOL DISTRICTS
LIKE MINE WHO HAVE CONCERNS CONSIDERING THE HIGH INFLUX OF CHINESE,
URDU, HINDU POPULATION THAT DO NOT SPEAK ENGLISH, THEY DID NOT FEEL
THAT THAT STUDY ACCURATELY REFLECTED THE STRUGGLES THEY WERE FACING.
BECAUSE EVEN IF THEY HAD A FEW STUDENTS, THEY WERE A FEW STUDENTS THAT
NEEDED TO REACH THAT 360 MINUTE THRESHOLD. THAT'S HIRING AN EXTRA
INDIVIDUALIZED TEACHER, THAT'S -- A SIDE CLASS TEACHING, THAT'S A
SIGNIFICANT SUPPORT STAFF INCREASE IN NUMBER. VERSUS THE STUDENTS WHO
DON'T NEED ALL THOSE REQUIREMENTS BECAUSE THEY'RE NOT EMERGING, OR
NEW AMERICAN STUDENTS. SO, WAS THERE A DISCUSSION SURROUNDING THE
FACT THAT NOT ALL ELL IS TREATED EQUAL AND YET ALL FUNDING IS TREATED
EQUAL?
MR. BENEDETTO: IT'S VERY DIFFICULT A LOT OF TIMES
TO MAKE THESE DETERMINATION [SIC], BUT DISCUSSIONS LIKE THAT WERE
DISCUSSED. AND -- AND --
MR. BLUMENCRANZ: AND THEN --
MR. BENEDETTO: -- IT ALL FACTORED INTO WHAT THEY
WERE DOING, YES.
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MR. BLUMENCRANZ: SO, THE DISCUSSIONS HAPPEN,
BUT WE STILL FEEL LIKE EVEN THOUGH ALL EDUCATION LEVELS ARE NOT EQUAL,
FUNDING SHOULD STAY EQUAL?
MR. BENEDETTO: A LOT OF TIMES WHEN YOU'RE
DOING YOUR FORMULA ON THIS, AND WORKING OUT WHAT DISTRICTS SHOULD BE
GETTING HOW MUCH MONEY, YOU WANT TO GIVE AS MUCH AS YOU CAN
SOMETIMES, AND SOMETIMES YOU CAN SAY YOU JUST CAN'T WORK IT INTO THE
FORMULA. AND THAT -- DISTRICTS WILL HAVE TO BE ABLE TO DO WITH LESS.
MR. BLUMENCRANZ: OKAY.
MOVING ON TO THE CELLPHONE BAN RESTRICTIONS. A LOT OF
CONCERNS OUT OF MY DISTRICT RELATING TO THIS BAN IN PARTICULAR. WHEN IT
COMES TO SCHOOL DISTRICTS, THANKFULLY, LUCKILY ALL OF MINE HAVE HAD
NUANCE CONVERSATIONS SURROUNDING THIS ALREADY. THEY ALREADY HAVE
POLICIES IN PLACE, WHICH THEY'LL NOW HAVE TO CHANGE. DO YOU SEE AN
ISSUE THAT MAY ARISE, AS MANY OF THE SCHOOL DISTRICTS HAVE POINTED OUT,
THAT THIS MAY LEAD TO AN INFLUX IN 504 ISSUES? THEY'RE KINDA GEARING UP
FOR THE FACT THAT MANY PARENTS WILL TRY TO INTERVENE BY FINDING WAYS TO
MAKE SURE THEIR CHILDREN CAN STILL HAVE CELLPHONES. IT'S GONNA BE A BIG
COST BURDEN ON THEM. IS THAT SOMETHING THAT'S BEEN A PART OF THE
DISCUSSION WHEN THIS WAS CREATED?
MR. BENEDETTO: YES, IT WAS. AND I THINK THAT'S
WHY ONE OF THE EXCEPTION -- EXEMPTIONS THAT CAN BE MADE IN THE LOCAL
SCHOOL PLAN WOULD'VE -- BE INVOLVING IEPS, AND BE INVOLVING WHAT
PLANS FOR 504 CHILDREN, AND THAT SHOULD BE CONSIDERED.
MR. BLUMENCRANZ: SO, SCHOOL DISTRICTS SHOULD
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NYS ASSEMBLY MAY 8, 2025
PREPARE FOR -- EVEN IF STUDENTS DON'T HAVE IEPS, NOW THAT PARENTS FIND IT
A NECESSITY OR THEY DON'T LIKE THE BAN, THEY TRY TO GO THROUGH THAT
PROCESS, THEY CAN GET THIS EXEMPTION, THAT'S A -- THAT'S GONNA BE A BIG
ADMINISTRATIVE COST BURDEN ON THE SCHOOL DISTRICTS, CORRECT?
MR. BENEDETTO: I'M SORRY. WHAT'S GONNA BE A
BIG ADMINISTRATIVE COST?
MR. BLUMENCRANZ: IF ALL OF A SUDDEN --
MR. BENEDETTO: YEAH.
MR. BLUMENCRANZ: -- MANY STUDENTS' PARENTS
DECIDE TO INITIATE THE PROCESS, GET AN IEP FOR THEIR STUDENT SO THEY CAN
GET AN EXEMPTION. WHETHER IT BE FOR ANXIETY OR OTHER LEARNING
DISABILITIES, OR ASSISTED TECHNOLOGY, THAT'S A -- IN ONE YEAR THAT'S A LARGE
ADMINISTRATIVE INFLUX OF STUDENTS ALTERING THEIR EDUCATIONAL PROCESSES.
IS THIS SOMETHING THAT'S BEEN A CONCERN HERE?
MR. BENEDETTO: I THINK THE WHOLE PREPARATION OF
AN IEP, PUTTING TOGETHER FOR THE STUDENTS, THEY LOOK AT THE ENTIRE NEEDS
OF THE STUDENTS. AND IN THE FUTURE YOU'RE ANTICIPATING, MAYBE BY YOUR
QUESTION, THAT THERE'S GOING TO BE A SUDDEN INFLUX OF MODIFICATIONS ON
THE IEP OVER THE NEXT COUPLE OF YEARS BECAUSE OF THE CELLPHONE BAN,
AND TO MAKE SURE THAT'S INCLUDED WITH THE IEP. I GUESS, IN THEORY, THAT
MIGHT HAPPEN. BUT I DON'T KNOW THAT THAT IS DEFINITELY GOING TO
HAPPEN.
MR. BLUMENCRANZ: IF WE SEE THAT THIS IS -- WE'LL
GET THESE REPORTS EVERY YEAR --
MR. BENEDETTO: YES.
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MR. BLUMENCRANZ: -- SOMETHING THAT IS
HAPPENING --
MR. BENEDETTO: AND THERE YOU GO --
MR. BLUMENCRANZ: -- SPECIFICALLY IN REGIONAL
PLACES, IS IT SOMETHING YOU THINK THIS BODY BE -- WILL BE WILLING TO
ENTERTAIN AN OPT OUT PROVISION FOR SCHOOL DISTRICTS WHO FEEL LIKE THEY'RE
HAVING THE CONVERSATION WE'RE HOPING TO HAVE HERE? OR YOU THINK THAT
THERE'S NOT GOING TO BE FLEXIBILITY ON THIS POLICY IN THE FUTURE?
MR. BENEDETTO: WELL, I DON'T THINK THAT'S PART --
THAT'S NOT IN THIS BILL. AND THAT WILL BE SOMETHING DEALT WITH IN THE
FUTURE, IF THAT DOES HAPPEN.
MR. BLUMENCRANZ: OKAY. THANK YOU FOR YOUR
TIME.
MR. BENEDETTO: YOU'RE WELCOME.
MR. BLUMENCRANZ: THANK YOU.
MADAM SPEAKER, ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. BLUMENCRANZ: MANY OF THE SCHOOL DISTRICTS
IN MY AREA, BUT I KNOW IN MANY OF THE AREAS THAT ALL OF US REPRESENT, ARE
FACING EITHER THE CONSEQUENCES OR THE RESULTS, DEPENDING ON HOW YOU
SEE IT, OF THE POLICIES CREATED IN THIS BODY. THESE ARE -- WHAT -- HAVE
TURNED INTO UNFUNDED MANDATES. I HAVE SCHOOL DISTRICTS THAT WERE ONCE
PAYING 10,000 ON TRANSLATORS TO MEET MANDATES THAT WERE CREATED HERE,
TO CLOSE TO 200,000. I HAVE SCHOOLS THAT ARE SCRAMBLING TO FIND
INDIVIDUALS THAT SPEAK MULTIPLE DIFFERENT DIALECTIC AND LINGUISTIC
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COMMUNITIES, LANGUAGES, AND ARE STRUGGLING TO KEEP UP WITH;
ESPECIALLY TRANSIENT AND CHANGE IN COMMUNITIES. ONE DISTRICT IN
PARTICULAR REACHED OUT SAYING THEY'VE HAD ALMOST 200 STUDENTS -- THIS IS
A DISTRICT OF ONLY 3,000 STUDENTS -- SHOW UP WITHIN THE LAST SIX MONTHS
DURING THE SCHOOL YEAR. THIS IS A BIG ISSUE FOR DISTRICTS THAT THEY'RE
STRUGGLING TO FUND ON TOP OF EVERY OTHER ISSUE.
I HOPE WE CAN HAVE A MORE NUANCED DIALOGUE ABOUT
HOW WE CAN DEAL WITH MAKING SURE EVERY STUDENT CAN HAVE EDUCATIONAL
OPPORTUNITIES WITHOUT BANKRUPTING OUR SCHOOLS, AND HOPE WE CAN DO SO
IN THE FUTURE. THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
MS. ROSENTHAL.
MS. ROSENTHAL: THANK YOU, MADAM SPEAKER.
ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MS. ROSENTHAL: EVERY BUDGET IS A VALUE
STATEMENT. IT'S MANY PAGES TO REFLECT THE URGENCY OF THE DAY, THE
DIRECTION OF THE STATE, AND THE BELIEFS OF OUR MANY CONSTITUENTS. SO
WHILE WE MUST CELEBRATE THE WINS WE FOUGHT LONG AND HARD FOR, WE
MUST ALSO ACKNOWLEDGE SOME OF THE NON-FISCAL ADDITIONS THAT SNUCK
THEIR WAY IN.
AS CHAIR OF THE ASSEMBLY COMMITTEE ON HOUSING, I
HAVE DEEP RESERVATIONS ABOUT OUR PROVISION IN THIS BUDGET THAT ALLOWS
LANDLORDS RECEIVING TAX ABATEMENTS AND SUBSIDIES SUCH AS 421(A) AND
LOW INCOME HOUSING TAX CREDIT TO CONVERT THEIR MARKET RATE UNITS INTO
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NYS ASSEMBLY MAY 8, 2025
CONDOS UNDER THE GUISE OF SPARKING AFFORDABLE HOMEOWNERSHIP AND
PRESERVING AFFORDABLE HOUSING. ONE OF THE MORE GALLING PARTS OF THE
PROGRAM IS SOME BUILD -- IS THAT SOME BUILDINGS WHOSE TAX BREAKS AND
SUBSIDIES AREN'T SLATED TO EXPIRE FOR ANOTHER 25 YEARS, WOULD BE
ALLOWED TO CONVERT THEIR MARKET RATE UNITS INTO MULTI-MILLION CONDOS. I
MUST ASK, ESPECIALLY AS WE CONTEMPLATE A POTENTIAL REDUCTION OR LOSS OF
HOUSING SUBSIDIES FROM THE FEDS, WHY SHOULD ANYONE WHO'S RECEIVING
LUCRATIVE GOVERNMENT TAX BREAKS TO PROVIDE AFFORDABLE HOUSING FOR THE
NEXT 25 YEARS OR MORE, ALSO BE ALLOWED UNDER THE GUISE OF PROTECTING
AFFORDABLE HOUSING, MAKE MILLIONS OF DOLLARS BY TRANSFORMING THAT VERY
BUILDING INTO A CONDO DECADES BEFORE ANY SUCH BENEFITS EXPIRE? WE
SHOULD BE ENSURING THAT OUR FEDERAL AND CITY SUBSIDIES ARE BEING
SMARTLY USED TO STIMULATE THE PRODUCTION OF MUCH NEEDED HOUSING;
ESPECIALLY, AS WE BATTLE IMPLEMENTATION OF TARIFFS ON THE FEDERAL LEVEL.
HOWEVER, THE ASSEMBLY WE MET WITH INCREDIBLE RESISTANCE WHEN WE
SUGGESTED THAT BUILDINGS CAN BEGIN THE PROCESS OF CONVERTING THEIR
MARKET RATE UNITS FOR BREAKS THAT EXPIRE IN THE NEAR FUTURE INSTEAD OF
ONES THAT WILL BE AFFORDABLE FOR MANY YEARS TO COME. WE NEEDED
COMMONSENSE GUARDRAILS IN PLACE, BUT BIG REAL ESTATE WAS HAPPY TO
HAVE THIS IN THE BUDGET. WE MUST STAY VIGILANT BECAUSE AFTER 2019
HSTPA WAS PASSED. A LOT OF PEOPLE IN THE INDUSTRY WERE NOT HAPPY
AND WE'RE LOOKING TO ROLL BACK SOME OF THE GAINS. LAST YEAR WE HAD TO
ROLL BACK SOME OF THE IAI GAINS. THIS YEAR WE LOWERED THE PERCENTAGE
OF RESIDENTS AND NONRESIDENTS WHO COULD VOTE TO CONVERT BUILDINGS INTO
CONDOS FROM 51 TO 15 PERCENT. WE WILL HAVE OUR EYE ON WHAT ATTEMPTS
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NYS ASSEMBLY MAY 8, 2025
WILL BE MADE NEXT YEAR, AND WILL REMAIN VIGILANT IN PROTECTING THE
RIGHTS WE FOUGHT SO HARD FOR.
HOWEVER, THIS BUDGET HAS A LOT TO CELEBRATE WHEN IT
COMES TO HOUSING VOUCHERS. FOR THE FIRST TIME IN NEW YORK STATE'S
HISTORY WE'LL BE CREATING A STATEWIDE INFRASTRUCTURE TO DISTRIBUTE OUR
VERY OWN HOUSING VOUCHERS TO THOUSANDS OF TENANTS IN DESPERATE NEED
OF A SAFE AND AFFORDABLE PLACE TO LIVE. I COULD NOT BE PROUDER OF WHAT
THIS BILL AND THIS MOMENT MEANS TO SO MANY PEOPLE ACROSS THE STATE;
ESPECIALLY TO THOSE WHO, THROUGH NO FAULT OF THEIR OWN, HAVE FOUND
THEMSELVES AT THE MERCY OF A MERCILESS ADMINISTRATION IN WASHINGTON
THAT HAS THREATENED TO CUT THEIR VOUCHERS.
I HOPE HAVP WILL PROVIDE THOUSANDS OF NEW
YORKERS, WHETHER THEY LIVE IN SHELTER OR LIVE IN FEAR OF RECEIVING AN
EVICTION NOTICE, WILL HAVE MUCH NEEDED RELIEF. FIGHTING FOR POLICIES
THAT HELP KEEP TENANTS IN THEIR HOME IS VERY HARD, WHICH IS WHY I'M
PROUD TO HAVE WORKED WITH AN INCREDIBLE TEAM TO MAKE THIS MOMENT A
REALITY. FIRST, I'D LIKE TO THANK SPEAKER HEASTIE AND HIS WONDERFUL STAFF
FOR CHAMPIONING THIS EFFORT FOR THE ASSEMBLY. THIS WOULD NOT HAVE
BEEN POSSIBLE WITHOUT HIS TENACIOUS SPIRIT AND LEADERSHIP. I ALSO WANT
TO THANK THE MANY HOUSING ADVOCATES WHO NEVER EVER TOOK NO FOR AN
ANSWER. I'D LIKE TO THANK LEGAL AID SOCIETY, WIN, VOCAL NEW YORK,
HOUSING JUSTICE FOR ALL, THE COALITION FOR THE HOMELESS, ENTERPRISE,
NHD AND SO MANY OTHERS FOR DILIGENTLY WORKING ALONGSIDE ME FOR THE
PAST FEW YEARS TO MAKE THIS HAPPEN. I ALSO WANT TO THANK THE MANY
TENANTS WHO CONTINUALLY TREK TO ALBANY TO HELP, QUITE LITERALLY, OPEN
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DOORS FOR THOUSANDS OF NEW YORKERS. LAST, BUT NEVER LEAST, I'D LIKE TO
THANK THE TIRELESS HOUSING COMMITTEE STAFF, FLETCHER WHYLAND,
MEGHAN FURCICK, ALEX PERRY, AND CHRISTANA MAJEKODUMI FOR BRAVING
THE WATERS WITH ME DAY AFTER DAY TO FIGHT FOR MORE AFFORDABLE NEW
YORK FOR ALL PEOPLE. HAVP IS A GREAT VICTORY. THERE ARE SO MANY
JUBILANT PEOPLE ACROSS THE STATE WHO NOW KNOW THAT THE PERSON LIVING
ON THEIR STREET HAS AN OPPORTUNITY TO MOVE INTO A SAFE PLACE TO LIVE.
I'D ALSO LIKE TO MENTION A WIN ON THE MITCHELL-LAMA
PROGRAM, WHICH KEEPS THE DREAM OF MIDDLE-CLASS HOMEOWNERSHIP
ALIVE IN NEW YORK. ITS DECADES OLD BUILDINGS ARE IN DESPERATE NEED OF
AN INFUSION IN CAPITAL FUNDS. LAST DECEMBER I HELD A HEARING WITH THE
COMMITTEE ON MITCHELL-LAMA BUILDINGS, AND THEY DESCRIBED THE VERY
REAL NEEDS OF THEIR BUILDINGS. I AM PROUD THAT THIS BUDGET WILL SLASH THE
MITCHELL-LAMA SHELTER IN TAX FROM 10 PERCENT TO 5 PERCENT. THIS WILL
ALLOW DOZENS OF BUILDINGS TO REINVEST THEIR HARD-EARNED DOLLARS BACK
INTO THEIR BUILDINGS TO COMPLETE MUCH-NEEDED REPAIRS. THESE ARE TRUE
HISTORIC CHANGES THAT WILL TRANSFORM THE LIVES OF EVERYDAY NEW YORKERS
WHO ARE STRUGGLING TO GET BY.
I AM VERY PROUD OF WHAT WE WERE ABLE TO ACHIEVE FOR
BOTH HOMEOWNERS AND TENANTS THIS YEAR. AND LOOK FORWARD TO FIGHTING
AGAIN NEXT SESSION -- FOR NEXT YEAR, RATHER, FOR MORE FUNDING FOR HAVP
SO THAT WE CAN HELP MORE PEOPLE STAY IN NEW YORK STATE IN AN
AFFORDABLE SPACE. THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
MR. BURDICK.
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MR. BURDICK: THANK YOU, MADAM SPEAKER.
ON THE BILL.
I WISH TO THANK SPEAKER --
ACTING SPEAKER HUNTER: ON THE BILL.
MR. BURDICK: -- I WISH TO THANK SPEAKER HEASTIE
AND HIS EXTRAORDINARY TEAM FOR THEIR PERSEVERANCE AND SUCCESS IN
NEGOTIATING THIS BUDGET BILL. THE OUTCOME OF WHICH I THINK IS VERY
POSITIVE. I'M DELIGHTED WITH THE ROBUST SUPPORT FOR PUBLIC EDUCATION,
WITH RECORD FUNDING FOR FOUNDATION AID, AND PLEASED WITH THE
REVISIONS ON FACTORS FOR ENGLISH LANGUAGE LEARNERS, AND ALSO TO MOVE
TOWARD PARITY FOR WESTCHESTER COUNTY, WITH LONG ISLAND AND NEW
YORK CITY IN THE REGIONAL COST INDEX.
WE CAN BE VERY PROUD OF THE UNIVERSAL SCHOOL MEALS
PROGRAM PROVIDING FOR ALL STUDENTS REGARDLESS OF INCOME, ELIMINATING
THE STIGMA ASSOCIATED WITH IT FOR THOSE OF LIMITED FINANCIAL MEANS.
AS A MEMBER OF THE HOUSING COMMITTEE, I'M VERY
PLEASED WITH THE FOUR YEAR PILOT PROGRAM FOR THE HOUSING ACCESS
VOUCHER PROGRAM, WITH A $50 MILLION APPROPRIATION. IT IS VITALLY
IMPORTANT TO THOSE WHO ARE HOMELESS OR AT RISK OF HOMELESSNESS. AND
WE CAN ALSO BE PROUD OF 400 MILLION IN ADDITIONAL FUNDING FOR
CHILDCARE SUBSIDIES FOR A TOTAL OF 2.19 BILLION.
ON THORNY POLICY ISSUES WE REACHED FAIR RESOLUTIONS
AND COMPROMISES THAT TOOK TIME TO IRON OUT. AND WE STUCK TO IT UNTIL
WE COULD REACH AN ACCORD. THE EXPANSION OF THE MENTAL HYGIENE LAW
REGARDING INVOLUNTARY HOSPITALIZATION IS IN RESPONSE TO SHOCKING
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NYS ASSEMBLY MAY 8, 2025
VIOLENT CRIMES COMMITTED BY MENTALLY ILL INDIVIDUALS. THE REVISIONS
PROVIDE FOR STREAMLINED INVOLUNTARY HOSPITALIZATION OF THOSE WITH
MENTAL ILLNESS WHERE THEY POSE A RISK TO THEMSELVES OR OTHERS. IN DOING
SO, WE ARE PROTECTING OUR COMMUNITIES WHILE ALSO PROTECTING THOSE
WITH MENTAL ILLNESS. THERE ARE CRITICAL GUARDRAILS TO SAFEGUARD THE
INDIVIDUAL'S RIGHTS.
THE USE OF FACE MASK -- FACE MASKS FOR WHICH THERE'S
NO VALID BASIS WHEN USED TO CONCEAL IDENTITY AND IN CONNECTION WITH
COMMITTING A SERIOUS MISDEMEANOR OR GREATER CRIME WILL BE A SEPARATE
CLASS B MISDEMEANOR.
A UNIFORM BELL-TO-BELL LAW WILL APPLY TO PRIMARY AND
SECONDARY PUBLIC SCHOOLS WHICH WILL BAN STUDENT USE THROUGHOUT THE
SCHOOL DAY OF CELLPHONES AND OTHER PERSONAL INTERNET-ENABLED DEVICES.
THERE ARE IMPORTANT EXEMPTIONS FOR STUDENTS WHO REQUIRE SUCH DEVICES
FOR MEDICAL, EDUCATIONAL OR TRANSLATION PURPOSES, AND DIRECTS THE
SCHOOLS TO PROVIDE A METHOD TO ENSURE THAT PARENTS WILL HAVE THE ABILITY
TO REACH THEIR CHILDREN IF NEEDED. AND I'M PLEASED THAT 13.5 MILLION IS
APPROPRIATED IN THE BUDGET TO ASSIST SCHOOLS IN ENFORCING THE BAN.
AND TO ADDRESS THE CONCERNS OF PROSECUTORS THAT CASES
ARE BEING DISMISSED FOR MINOR PROCEDURAL ERRORS. THE DISCOVERY
PROVISIONS OF THE CRIMINAL PROCEDURE LAW IS BEING AMENDED TO REQUIRE
THE DISCLOSURE TO DEFENSE COUNSEL OF RELEVANT MATERIALS IN THEIR ACTUAL
POSSESSION. IF PROSECUTORS DEMONSTRATE DILIGENT AND GOOD FAITH EFFORTS
TO OBTAIN AND PROVIDE DISCOVER -- DISCOVERABLE MATERIALS, JUDICIAL
REMEDIES FOR FAILURE TO DO SO ARE TO BE PROPORTIONATE TO THE RELEVANCE OF
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NYS ASSEMBLY MAY 8, 2025
MISSING INFORMATION RATHER THAN SIMPLY AUTOMATIC DISMISSAL OF THE
CASE.
ONE AREA OF DISAPPOINTMENT ENTAILS SUBSTANTIAL
EQUIVALENCY. THE RULES ARE CRITICAL TO ENSURE THAT ALL CHILDREN IN NEW
YORK, REGARDLESS OF THE SCHOOL THEY ATTEND, RECEIVE A BASIC STANDARD OF
EDUCATION THAT PROVIDES THEM WITH THE SKILLS AND KNOWLEDGE EXPECTED
BY THE STATE; ESPECIALLY IMPORTANT IN CORE SUBJECTS. I AM DISAPPOINTED
THAT THESE RULES HAVE BEEN WEAKENED AND IT MAY BE MANY YEARS BEFORE
FULL IMPLEMENTATION OF SUBSTANTIAL EQUIVALENCY IS IMPLEMENTED IN ALL
SCHOOLS.
UNBALANCED, HOWEVER, THIS IS AN EXCELLENT BUDGET BILL
OF WHICH WE ALL CAN BE PROUD. AND I WILL BE VOTING IN THE AFFIRMATIVE.
THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
MS. KELLES.
MS. KELLES: ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MS. KELLES: I WILL COVER WHAT MY THOUGHTS ARE ON
THE -- THE BILL IN -- IN COMPLETES WHEN I EXPLAIN MY VOTE, BUT I DID WANT
TO READ A STATEMENT THAT I WROTE AFTER DAYS OF ANALYZING EXISTING
REGULATIONS ON SUBSTANTIAL EQUIVALENCY, AS WELL AS THE BILL THAT WAS
INCLUDED HERE IN THIS BUDGET BILL.
AS A FORMER TEACHER AND PASSIONATE DEFENDER OF
CHILDREN'S RIGHTS AND FREEDOM, I'M DEEPLY CONCERNED WITH AND OPPOSE
THE POLICY LANGUAGE THAT WAS ADDED TO THIS BUDGET THAT UNDERMINES THE
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ABILITY OF OUR DEPARTMENT OF EDUCATION TO ENSURE EVERY CHILD ACROSS
THE STATE ACHIEVES A BASIC LEVEL OF INSTRUCTION IN BOTH CONTENT AND
QUALITY. IN CURRENT REGULATIONS, THE STATE ENSURES THAT SCHOOLS NEED
SUBSTANTIAL EQUIVALENCY IN THE QUALITY OF EDUCATION THEY PROVIDE
THROUGH OVERSIGHT BY THE LOCAL SCHOOL AUTHORITY THAT IS ADMINISTRATING
STATE LAW AND REGULATIONS. THIS LAW COMPLETELY REMOVES THE DIRECT
OVERSIGHT OF THE LOCAL SCHOOL AUTHORITY AND, THEREFORE, STATE
DEPARTMENT OF EDUCATION, IF THE PRIVATE SCHOOL SATISFIES ONE OF SEVEN
PATHWAYS. THE LANGUAGE EVISCERATES THE INTEGRITY OF THE LAST TWO
PATHWAYS BY ADDING DEFINITIONS INTO THE LAW FOR WHAT BOTH, QUOTE,
"PROFICIENCY," AND, QUOTE, "YEAR-END CUMULATIVE OR SUMMATIVE
ASSESSMENT MEANS". THIS LANGUAGE DEFINES PROFICIENCY AS ACHIEVING A
LOW 33RD PERCENTILE. THE EXCUSES THAT THIS PERCENTILE IS THE SAME AS
THAT USED FOR HOMESCHOOLED STUDENTS, BUT THIS IS -- THIS IS DISINGENUOUS.
UNDER CURRENT HOMESCHOOL REGULATIONS, THIS PERCENTILE IS SIMPLY USED
FOR REPORTING PURPOSES, AND THEY ARE ADDITIONALLY HELD TO QUARTERLY
REPORT SCRUTINY. FAMILIES FOR CHILDREN BEING HOMESCHOOLED MUST ALSO
SUBMIT AN INDIVIDUALIZED HOME INSTRUCTION PLAN, WHICH IS REVIEWED
AND APPROVED BY THE LOCAL SCHOOL DISTRICT. THIS PROCESS ENSURES
INSTRUCTIONAL QUALITY, ALIGNMENT WITH STATE STANDARDS, AND REGULAR
ENGAGEMENT WITH LOCAL EDUCATORS. IN CONTRAST, THE SUBSTANTIAL
EQUIVALENCY PROPOSAL STRIPS AWAY THAT LOCAL RELATIONSHIP AND
ACCOUNTABILITY, OFFERING NO REQUIRED REVIEW, NO INSTRUCTIONAL PLAN, AND
NO MEANINGFUL DISTRICT OVERSIGHT. THIS PATHWAY NOW ALLOWS NONPUBLIC
SCHOOLS TO USE OUTDATED ASSESSMENTS THAT ARE NOT SED DEVELOPED, SED
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APPROVED OR SED APPROVED FOR THE PURPOSES OF SUBSTANTIAL EQUIVALENCY
BY SCHOOLS TO ENSURE ALIGNMENT WITH STATE LEARNING STANDARDS.
CURRENTLY, ALL NONPUBLIC SCHOOLS MUST MEET SUBSTANTIAL EQUIVALENCY BY
JUNE 30TH OF THIS YEAR. IN THIS BUDGET WE HAVE INCLUDED LANGUAGE THAT
NOT ONLY ALLOWS FOR AN EIGHT YEAR ON-RAMP FOR SCHOOLS TO MEET
SUBSTANTIAL EQUIVALENCY, BUT BY THE WAY THAT IT IS WRITTEN, ALL STUDENTS
WHO ARE CURRENTLY IN ANY GRADE FROM THIRD TO TWELFTH GRADE WILL NEVER
BE OFFICIALLY ENSURED THAT THEY ARE RECEIVING AN EDUCATION THAT IS
SUBSTANTIALLY EQUIVALENT. FURTHER, PERMITTING THE OPPORTUNITY FOR
NONPUBLIC SCHOOLS TO CHANGE WHICH PATHWAY THEY ARE SELECTING TO
DETERMINE WHETHER THEY MEET SUBSTANTIAL EQUIVALENCY FROM YEAR TO
YEAR CREATES A "CHOOSE YOUR OWN ADVENTURE" TO FIND WHICH PATHWAY AT
ANY POINT MOST LIKELY ACHIEVES THE SCHOOL'S AGENDA FOR LIMITING ANY
EXTERNAL OVERSIGHT AND SIGNIFICANTLY RESTRICTS THE CHANCE OF TRACKING
PROGRESS AND GROWTH.
LASTLY, AS WRITTEN, IF ONE SCHOOL MEETS CRITERIA, THEN
ALL AFFILIATED SCHOOLS ARE DEEMED TO HAVE MET THE CRITERIA OF SUBSTANTIAL
EQUIVALENCY. WE CAN ALL DISCUSS AND LAMENT THAT WE HAVE SCHOOLS
SUFFERING FROM FINANCIAL INSUFFICIENCY, AFFECTING THE QUALITY OF
EDUCATION AND EDUCATIONAL ATTAINMENT OF STUDENTS. BUT THAT IS NOT WHAT
THIS ISSUE IS ABOUT, NOR THE ESSENCE OF MY CONCERN. THIS IS A QUESTION,
INDEPENDENT OF STUDENTS INDIVIDUAL PERFORMANCE, OF WHETHER
FUNDAMENTALLY THE EDUCATION BEING OFFERED IN ANY SCHOOL IN THE STATE IS
SUBSTANTIALLY EQUIVALENT TO WHAT A STUDENT CAN OBTAIN IN ANY OTHER
SCHOOL IN THE STATE.
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NYS ASSEMBLY MAY 8, 2025
IT IS TRULY OUR RESPONSIBILITY AS A STATE TO ENSURE THAT
OUR CHILDREN, NO MATTER WHO THEY ARE OR WHERE THEY ARE OR WHAT CULTURE
THEY COME FROM, THAT THEY CAN GROW UP TO BE WHOEVER AND WHATEVER
THEY WANT TO BE, AND ACHIEVE ALL THAT THEIR HEARTS DESIRE AND THEIR MINDS
DREAM TO ACHIEVE. 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: THANK YOU, MADAM SPEAKER. THE
MINORITY CONFERENCE WILL GENERALLY BE IN THE NEGATIVE ON THIS BILL, BUT
IF THERE ARE PEOPLE WHO WISH TO VOTE YES, THEY MAY DO SO AT THEIR SEATS
NOW. THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
MS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MADAM
SPEAKER. THE MAJORITY CONFERENCE IS GONNA BE IN FAVOR OF THIS BUDGET
BILL; 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: THE CLERK WILL
RECORD THE VOTE.
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NYS ASSEMBLY MAY 8, 2025
(THE CLERK RECORDED THE VOTE.)
MR. YEGER TO EXPLAIN HIS VOTE.
MR. YEGER: THANK YOU, MADAM SPEAKER. I'VE
BEEN ENGAGED IN THIS DEBATE ON THE TOPIC OF SUBSTANTIAL EQUIVALENCY FOR
A VERY LONG TIME. BUT, I -- I FREQUENTLY FIND AS A NEW YORKER, A NEW
YORK CITY RESIDENCE, AS A RESIDENT OF BROOKLYN, WHY THE DEBATE ISN'T
THAT PUBLIC SCHOOLS SHOULD BE SUBSTANTIALLY EQUIVALENT TO THE PRIVATE
SCHOOLS THAT MY COMMUNITY RUNS. WE DON'T HAVE METAL DETECTORS IN
OUR SCHOOLS, YOU NEVER SEE SIX KIDS WALKING OUT OF OUR SCHOOL AND
KNOCKING DOWN AN OLD LADY. THE MEMBER WHO YOU SEE HERE TODAY IS A
PRODUCT OF THOSE SCHOOLS. THE MEMBERS OF THE LEGISLATURE OF THIS
HOUSE, THE OTHER HOUSE, THAT SPEAK UP ABOUT THIS TOPIC HAVE NEVER
THEMSELVES WALKED INTO ANY OF OUR SCHOOLS. THEY DON'T REPRESENT ANY
OF THE CHILDREN WHO GO TO THOSE SCHOOLS, OR THE FAMILIES WHO HAVE
DECIDED TO MAKE THAT THEIR LIFE CHOICE. THEY HAVE OPINIONS ABOUT
THINGS THAT THEY'RE ENTITLED TO BECAUSE THEY PAY FULL PRICE FOR A SEAT ON
THIS FLIGHT JUST LIKE EVERYBODY ELSE, BUT THEY DON'T KNOW OUR SCHOOLS.
THEY'RE NOT FROM OUR COMMUNITIES. THEY DON'T REPRESENT OUR CHILDREN.
WE DO. I WILL BE VOTING FOR THIS BECAUSE THIS IS AN OPPORTUNITY FOR US TO
AT LEAST RIGHT THIS SHIP, THAT IF THE STATE IS GOING TO PUT ITS FOOT ON THE
NECK OF SCHOOLS THAT DO INCREDIBLE WORK, LIKE STEWART-WRIGHT, SO THAT
THOSE SCHOOLS CAN BECOME COMPLIANT WITH A WRONGHEADED NOTION OF
REQUIRING THEM TO BE SUBSTANTIALLY EQUIVALENT TO, AT LEAST IN MY
COMMUNITY, THE NEW YORK CITY PUBLIC SCHOOL SYSTEM. I THINK IT'S A
BAD MOVE TO HAVE PRIVATE SCHOOLS BE SUBSTANTIALLY EQUIVALENT TO NEW
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NYS ASSEMBLY MAY 8, 2025
YORK CITY PUBLIC SCHOOL SYSTEM, BUT THAT'S WHAT THE LAW REQUIRES AND
WE'RE GONNA TRY OUR BEST TO GET THERE. I WILL BE VOTING YES TODAY.
THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU. MR.
YEGER IN THE AFFIRMATIVE.
MRS. PEOPLES-STOKES TO EXPLAIN HER VOTE.
MRS. PEOPLES-STOKES: THANK YOU, MADAM
SPEAKER, FOR THE OPPORTUNITY TO EXPLAIN MY VOTE. IT'S BEEN A VERY
EXCITING AND, I THINK, A COOPERATIVE DAY AS WE DISCUSSED THIS BILL. I
VOTED FOR A LOT OF PROS AND CONS ON EACH ISSUE THAT CAME UP. I HAVE TO
SAY, I THINK THE BELL-TO-BELL SCHOOL ISSUE COULD PRESENT US SOME
PROBLEMS, BUT I THINK WE'RE GONNA HAVE TO LOOK AT THAT ONE VERY
CLOSELY. I'M HAPPY TO HEAR THAT THERE'S NOT GONNA BE ANY NECESSARILY
ANY PUNISHMENT FOR THOSE YOUNG PEOPLE WHO TEND NOT TO WANT TO
FOLLOW RULES. AND MUCH LIKE WE DON'T, WELCOME THE SPACE AND
EVERYBODY IN THE ROOM GET ON A CELLPHONE. I THINK THOSE THINGS -- LITTLE
COMPUTERS IN YOUR HANDS -- SHOULD BE USED TO ENHANCE INSTRUCTION AS
OPPOSED TO BEING PROHIBITED. BUT WE WILL WATCH AS THIS ONE GOES
FORWARD.
SECONDLY, I WOULD SAY I'M REALLY PLEASED ABOUT THE
INCREASED IN RESOURCES FOR THE LIBRARIES AND CULTURAL ORGANIZATIONS. AT
A TIME WHEN OUR FEDERAL GOVERNMENT IS LITERALLY DECREASING THE COST OF
LIBRARIES AND USING ITS MAGA AGENDA TO REMOVE A PART OF HISTORY, I
THINK IT'S CRITICALLY IMPORTANT THAT WE STILL KEEP RESOURCES AND ADD
RESOURCES TO OPPORTUNITIES FOR ENTIRE COMMUNITIES THAT HAVE ACCESS TO
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NYS ASSEMBLY MAY 8, 2025
NOT JUST LEARNING THROUGH BOOKS, BUT THROUGH THE VIRTUAL OPPORTUNITIES
THAT ARE IN THE LIBRARIES IN THE STATE OF NEW YORK.
SO I'M VERY PLEASED WITH A -- WITH MANY, MANY PIECES
OF THIS BUDGET, MUCH LIKE I -- I'M NOT PLEASED WITH SOME OTHERS. BUT ALL
IN ALL, I -- I BELIEVE THIS IS GOING TO BE BETTER FOR NEW YORK STATE
CITIZENS ACROSS THE BOARD, IF WE ARE APPROVING THIS AND PAYING ATTENTION
TO THE RESULTS OF IT, BECAUSE JUST BECAUSE THIS IS A REALLY GOOD IDEA NOW,
AND IT'S A LAW THAT WE PASS, DOESN'T MEAN THAT IT CAN'T NECESSARILY TAKE
SOME TWEAKS IN THE FUTURE.
AND SO I LOOK FORWARD TO VOTING IN THE AFFIRMATIVE ON
THIS PIECE OF LEGISLATION. AND I WOULD ENCOURAGE ALL OF MY COLLEAGUES
THAT ARE IN THE CHAMBERS TO DO LIKEWISE.
ACTING SPEAKER HUNTER: THANK YOU. MRS.
PEOPLES-STOKES IN THE AFFIRMATIVE.
MR. OTIS TO EXPLAIN HIS VOTE.
MR. OTIS: THANK YOU, MR. SPEAKER [SIC]. JUST
WANTED TO HIGH -- HIGH -- HIGHLIGHT ONE ASPECT OF THE EDUCATION BUDGET
WHICH IS WORTH FOCUSING ON WHICH IS, WE'RE CONTINUING OUR
COMMITMENT ON FOUNDATION AID. WE'RE INCREASING WHAT THE GOVERNOR
HAD PROPOSED. WE STARTED A TASK FIVE YEARS AGO TO GET EVERYONE UP TO
SPEED, AND WE ACKNOWLEDGED LAST YEAR, AND FOUGHT HARD LAST YEAR THAT
THERE'S NO TURNING BACK. WE'RE GONNA CONTINUE TO HAVE TO GROW
FOUNDATION AID AND OTHER LINE ITEMS AIDS IN THE EDUCATION BUDGET. WE
HAVE A GOOD INCREASE THIS YEAR. THE GOVERNOR CAME IN WITH A GOOD
PROPOSAL. WE ADDED TO IT. WE NEED TO CONTINUE TO DO THAT AND UP OUR
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NYS ASSEMBLY MAY 8, 2025
GAME NEXT YEAR AS WELL. I VOTE AYE.
ACTING SPEAKER HUNTER: MR. OTIS IN THE
AFFIRMATIVE.
MS. LEVENBERG TO EXPLAIN HER VOTE.
MS. LEVENBERG: THANK YOU, MADAM SPEAKER. I
WILL BE VOTING IN FAVOR OF THIS BILL BECAUSE OF THE GOOD IN IT CERTAINLY
WEIGH -- OUTWEIGHS THE BAD. BUT I DO HAVE SOME RESERVATIONS ABOUT A
FEW OF ITS CONTENTS.
I FIRST WANT TO LIFT UP THE VOICES OF CONSTITUENTS WHO'VE
REACHED OUT TO ME CONCERNING A VARIETY OF SIGNIFICANT POLICY ITEMS THAT
WERE POPPING UP IN THE BUDGET AT THE VERY LAST MINUTE. PEOPLE DO
NOTICE. AND I BELIVE IT UNDERMINES PUBLIC TRUST. IT'S OFTEN SAID THAT A
BUDGET IS A STATEMENT ABOUT WHAT WE VALUE. THAT IS ESPECIALLY TRUE FOR
US GIVEN THE AMOUNT OF POLICY THAT IS INCLUDED IN THIS BUDGET. I KNOW
THAT WE TRY TO KEEP IT OUT, BUT IT IS HERE. THERE ARE MANY THINGS IN THIS
BUDGET THAT DO POSITIVELY REFLECT OUR VALUES; UNIVERSAL SCHOOL MEALS,
HOUSING ACCESS VOUCHERS, CHILDCARE SUBSIDIES, PAYMENT FOR LOW INCOME
FAMILIES UPON THE BIRTH OF A BABY, IMPORTANT CHANGES TO THE FOUNDATION
AID FORMULA, THANKFULLY, THAT REALLY DO BENEFIT OUR SCHOOLS, FREE
COMMUNITY COLLEGE TO PROMOTE ENTRY INTO HIGH DEMAND FIELDS. I COULD
GO ON AND ON.
I AM A YES FOR ALL OF THAT. BUT I FEEL COMPELLED TO
STAND UP AND SPEAK OUT AGAINST A SPECIFIC ITEM IN THE BUDGET THAT I FEEL
IS A BETRAYAL OF AN INCREDIBLY IMPORTANT VALUE. OUR STATE CONSTITUTION
SAYS THAT ALL STUDENTS, NO MATTER WHERE THEY COME FROM OR WHAT SCHOOL
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NYS ASSEMBLY MAY 8, 2025
THEY ATTEND OR WHO EDUCATES THEM ARE ENTITLED TO A SOUND, BASIC
EDUCATION. SUBSTANTIAL EQUIVALENCY IS HOW WE PROTECT THAT IMPORTANT
CONSTITUTIONAL RIGHT FOR STUDENTS WHO ATTEND PRIVATE SCHOOL. THIS CAN
BE A DIFFICULT PRINCIPLE TO PROTECT BECAUSE THE CONSTITUENTS WHO ARE
MOSTLY DIRECTLY IMPACTED BY IT ARE THE ONES WHO CAN'T YET VOTE. ALL
PARENTS WANT WHAT THEY THINK IS BEST FOR THEIR CHILDREN. BUT SOMETIMES
WHAT THEY THINK IS BEST IS NOT ACTUALLY WHAT THE CHILD, THE FUTURE ADULT
THEY ARE RAISING, WANTS FOR THEMSELVES, AND THEIR INTERESTS OUR IN
CONFLICT. IN THE CASE OF EDUCATION, I CANNOT LOOK AWAY FROM THE YOUNG
ADULTS WHO SAY THEY WERE SEVERALLY DISADVANTAGED BY AN EDUCATION THAT
DID NOT PREPARE THEM FOR LIFE IN OUR SOCIETY. SOMETIMES PEOPLE DON'T
SUCCEED IN SCHOOL. SOMETIMES SCHOOLS FAIL CHILDREN --
ACTING SPEAKER HUNTER: THANK YOU, MS.
LEVENBERG. HOW DO YOU VOTE?
(CROSSTALK)
MS. LEVENBERG: -- TRYING TO MEET HIGH STANDARD.
WE OWE IT TO --
ACTING SPEAKER HUNTER: HOW DO YOU VOTE,
MS. LEVENBERG?
(CROSSTALK)
MS. LEVENBERG: -- TO AT LEAST TRY.
I WILL BE VOTING IN THE AFFIRMATIVE.
ACTING SPEAKER HUNTER: THANK YOU. MS.
LEVENBERG IN THE AFFIRMATIVE.
MR. WIEDER TO EXPLAIN HIS VOTE.
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NYS ASSEMBLY MAY 8, 2025
MR. WIEDER: THANK YOU, MADAM SPEAKER. DEAR
COLLEAGUES, I WANT TO BEGIN BY THANKING MY GOOD FRIEND AND COLLEAGUE
THE ASSEMBLYMAN FROM BOROUGH PARK FOR HIS GREAT LEADERSHIP AND
ADVOCATING FOR THE INTEGRITY OF PRIVATE SCHOOLS. I AM PROUD TO STAND
WITH HIM TODAY.
I RISE IN SUPPORT OF THE PROVISION IN THE -- IN THIS
BUDGET THAT REDUCES THE EXCESSIVE OVERSIGHT OF PRIVATE SCHOOLS BY THE
STATE EDUCATION DEPARTMENT. LET ME BE CLEAR, THE PUSH FOR SUBSTANTIAL
EQUIVALENCY IS THE GREATEST HOAX IN THE STATE OF NEW YORK. THEY CLAIM
THAT CHILDREN IN THE HASIDIC SCHOOLS AREN'T RECEIVING A PROPER EDUCATION
IS SIMPLY FALSE. IT'S A ROTTEN RED HERRING. THESE SCHOOLS PRODUCE
SUCCESSFUL CIVICALLY-ENGAGED CITIZENS. WHILE THE STATE PROVIDES A
PITTANCE FOR TRANSPORTATION, LUNCH, AND VARIOUS STYLE PROGRAMS, IT DOES
NOT GIVE A NICKEL FOR TEACHERS, CURRICULUM, PROGRAMS OR BUILDING AND
GROUNDS. SO, WHY DOES THE EDUCATION DEPARTMENT BELIEVE IT HAS THE
AUTHORITY TO CONTROL THESE INSTITUTIONS? PARENTS ARE WATCHING IN ANGST
AS THE VERY DEPARTMENT TASKED WITH MANAGING, MANY, VERY STRUGGLING
PUBLIC SCHOOLS, NOW SEEKS TO IMPOSE CONTROL OVER SUCCESSFUL PRIVATE
SCHOOLS. WE SHOULD CELEBRATE THE RICH, CULTURAL, AND EDUCATIONAL
DIVERSITY THAT NONPUBLIC SCHOOLS BRING TO OUR STATE. WHAT HAPPENED?
WHAT HAPPENED, I ASK, TO NEW YORK'S COMMITMENT TO DIVERSITY, EQUITY,
AND INCLUSION? THIS BUDGET IS A STEP FORWARD, RESPECTING PARENTAL
RIGHTS, AND PROTECTING EDUCATIONAL FREEDOM.
I THANK OUR GREAT SPEAKER FOR HIS DISTINGUISHED
LEADERSHIP, AND URGE MY COLLEAGUES TO SUPPORT THIS MEASURE. AND I'LL
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PROUDLY VOTE YES. THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU. MR.
WIEDER IN THE AFFIRMATIVE.
MS. HYNDMAN TO EXPLAIN HER VOTE.
MS. HYNDMAN: THANK YOU, MADAM SPEAKER,
FOR -- SPEAKER FOR ALLOWING ME TO EXPLAIN MY VOTE.
I WOULD JUST LIKE TO SAY THAT AS WE SEE THE FEDERAL
GOVERNMENT HAS BEEN DECIMATING HIGHER EDUCATION THROUGH OUR STATES
IN THIS COUNTRY, WE ARE DOING THE RIGHT THING BY MAKING SURE THAT OUR
POPULATION ARE EDUCATED FOR ALL OF THE CUTTING-EDGE TECHNOLOGIES THAT
ARE ON OUR DOORSTEP. THE OPPORTUNITY PROMISE SCHOLARSHIP PROGRAM
IN OUR COMMUNITY COLLEGES WILL HELP TO BOOST ECONOMY AS WE KNOW THE
COMMUNITY COLLEGES ARE THE ECONOMIC ENGINES THROUGHOUT THE STATE OF
NEW YORK.
SO I PROUDLY VOTE IN THE -- IN THE AFFIRMATIVE ON THIS
PART OF OUR STATE BUDGET. THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU. MS.
HYNDMAN IN THE AFFIRMATIVE.
MR. MCDONALD TO EXPLAIN HIS VOTE.
MR. MCDONALD: THANK YOU, MADAM SPEAKER.
AND TO MY COLLEAGUES AND OUR SPEAKER, THANK YOU FOR YOUR LEADERSHIP
AS THIS BUDGET IS STARTING TO COME TO A CLOSE.
AND I JUST WANT TO MENTION A FEW ITEMS THAT I
PERSONALLY, AND I THINK MANY OF US, ARE PROUD OF IN THIS BUDGET.
REDUCING THE UNEMPLOYMENT TRUST FUND DEBT, THAT $7 BILLION THAT WAS
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GONNA BE LAID ON THE BACK OF SMALL BUSINESSES, YET AT THE SAME TIME
PROVIDING PROTECTION FOR THOSE IN THE FUTURE WHO MAY BE UNEMPLOYED,
IS A WIN-WIN FOR EVERYBODY.
FIXING THE MANUAL LABOR PAYROLL ISSUE, WHICH IS AN
ANTIQUATED LAW THAT WAS CAUSING A LOT OF PROBLEMS FOR OUR SMALL
BUSINESSES, IS A SMART MOVE.
MEANINGFUL CHANGES TO THE DISCOVERY PROGRAM,
SOMETHING ADVOCATED BY OUR DISTRICT ATTORNEYS, WHICH THEY SUPPORT,
BUT, YES, STILL MAINTAINS THAT DELICATE BALANCE TO MAKE SURE EVERYONE
HAS A FAIR AND SPEEDY TRIAL.
MEANINGFUL CHANGES TO INVOLUNTARILY COMMITMENT,
BECAUSE MANY INDIVIDUALS ARE STRUGGLING WITH MENTAL HEALTH AND
BEHAVIORAL ISSUES. THEY SHOULD NOT BE INCARCERATED. BUT THEY NEED
APPROPRIATE CARE, FOLLOWTHROUGH, AND WRAPAROUND SERVICES.
FOR OUR LOCAL GOVERNMENTS, CONTINUING OUR AIM
FUNDING INCREASE OF $50 MILLION. ANOTHER INCREASE IN CHIPS AID FOR
ROADS AND BRIDGES FOR $50 MILLION. AND ALSO A CONTINUATION OF A
PROGRAM STARTED BY YOU, MR. SPEAKER, OF ANOTHER $500 MILLION IN THE
CLEAN WATER INFRASTRUCTURE GRANT PROGRAM REALLY GOES A LONG WAY TO
HELPING OUR LOCAL GOVERNMENTS SERVE THE PUBLIC.
I ALSO WANT TO SAY THAT I'M VERY PLEASED THAT WE ARE
MAKING A MEANINGFUL CHANGE FOR THOSE INDIVIDUALS TO SIT FOR LAW
ENFORCEMENT EXAMS. FOR YEARS, IT'S BEEN 35 YEARS FOR SOMEBODY TO SIT
FOR A POLICE OFFICER EXAM. NOW, IT'S BEING RAISED TO THE AGE OF 43.
PEOPLE WITH LIVED EXPERIENCE CONSIDERING A NEW AGE OF POLICING.
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MR. SPEAKER, THANK YOU FOR YOUR LEADERSHIP, YOUR
COLLEAGUES, THANK YOU FOR YOUR DIALOG.
ACTING SPEAKER HUNTER: THANK YOU. MR.
MCDONALD IN THE AFFIRMATIVE.
MS. ROMERO TO EXPLAIN HER VOTE.
MS. ROMERO: THANK YOU. TODAY WE REAFFIRM
NEW YORK'S COMMITMENT TO DUE PROCESS AND THE FUNDAMENTAL RIGHT TO
A FAIR TRIAL. AT A TIME WHEN BASIC CONSTITUTIONAL RIGHTS ARE UNDER THREAT
ACROSS THE COUNTRY, WE IN THIS CHAMBER HAVE CHOSEN A DIFFERENT PATH TO
PROTECT THEM.
DISCOVERY REFORMS OF 2020 WERE BORNE FROM TRAGEDY.
THOSE REFORMS WERE PASSED TO ENSURE FAIRNESS, TRANSPARENCY AND JUSTICE
TO PREVENT WHAT HAPPENED TO KALIEF BROWDER FROM EVER HAPPENING
AGAIN. AND THESE REFORMS TODAY GUARANTEE THAT PROSECUTORS CANNOT
CLAIM READINESS FOR TRIAL UNTIL THEY'VE TURNED OVER ALL EVIDENCE;
EVIDENCE THAT CAN MEAN THE DIFFERENCE BETWEEN FREEDOM AND INJUSTICE.
THIS REFORM THAT WE'RE PASSING TODAY IS ABOUT RACIAL JUSTICE, TOO. BLACK
AND BROWN NEW YORKERS ARE DISPROPORTIONATELY JAILED BEFORE TRIAL AND
WRONGFULLY CONVICTED AT ALARMING RATES. DISCOVERY REFORM HELPS
CORRECT THAT IMBALANCE.
DURING THIS BUDGET PROCESS, THERE WERE PROPOSALS ON
THE TABLE THAT TRIED TO ROLL BACK THESE HARD (INDISCERNIBLE) PROTECTIONS.
THE INITIAL PROPOSAL THAT WOULD -- WOULD HAVE ALLOWED PROSECUTORS TO
WITHHOLD CRITICAL EVIDENCE WHILE CLAIMING READINESS FOR TRIAL. THIS
WOULD HAVE BEEN A SERIOUS STEP BACKWARD, BUT HERE IN THIS BODY WE
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SAID NO.
I AM SO INCREDIBLY PROUD TO BE A MEMBER OF THIS
ASSEMBLY, AND GRATEFUL TO BE ELECTED WHEN I WAS AND NOW TO BE A PART
OF THIS RECENT BUDGET -- BUDGET DISCUSSION. THANK YOU, SPEAKER
HEASTIE; THANK YOU, MIGUELINA; THANK YOU, JEN, FOR FIGHTING FOR THESE
CHANGES. AND LET US BE CLEAR TO ALL THAT READ AND LISTENED TO THESE
WORDS TODAY THAT WERE DISCUSSED, THAT QUOTE THEM IN YOUR FUTURE
MOTIONS, THE AMENDMENTS THAT WE PASSED TODAY PROTECT THE HEART AND
SPIRIT OF THE 2020 DISCOVERY REFORMS. THE AMENDMENTS THAT WE PASSED
TODAY STILL REQUIRE PROSECUTORS TO TURN OVER ALL EVIDENCE. POLICE
MISCONDUCT REMAINS DISCOVERABLE. AND THE SPEEDY TRIAL RIGHTS REMAIN
TIED TO REAL, COMPLETE DISCOVERY. ACCESS TO EVIDENCE ISN'T A
TECHNICALITY, IT'S A CONSTITUTIONAL RIGHT.
IN THE FACE OF POLITICAL PRESSURE WE STOOD FIRM, WE
DEFENDED DUE PROCESS, AND TODAY I'M PROUD TO SAY NEW YORK STANDS FOR
JUSTICE AND I AM SO PROUD TO BE A NEW YORK STATE ASSEMBLYMEMBER.
I'M SO PROUD OF WHAT WE DID HERE AND I'M SO PROUD TO STAND HERE WITH
ALL OF YOU REPRESENTING THE 109TH ASSEMBLY DISTRICT IN THE STATE OF
NEW YORK, AND FOR ALL OF THE REASONS ABOVE I'M VOTING IN THE
AFFIRMATIVE.
ACTING SPEAKER HUNTER: THANK YOU. MS.
ROMERO IN THE AFFIRMATIVE.
MS. BICHOTTE HERMELYN TO EXPLAIN HER VOTE.
MS. BICHOTTE HERMELYN: YES. THANK YOU,
MADAM SPEAKER, FOR ALLOWING ME TO EXPLAIN MY VOTE.
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NYS ASSEMBLY MAY 8, 2025
I WANT TO THANK ALL MY COLLEAGUES FOR PUTTING OUR
STUDENTS FIRST WITH THESE BUDGET PROPOSALS. INCREASING FOUNDATION AID
AT 2 PERCENT FOR EACH SCHOOL DISTRICT AND EXPANDING THE FORMULAS SO
MORE SCHOOLS GET MORE FUNDING FOR BETTER SUPPORT TO EDUCATE OUR
STUDENTS WITH EQUITY AND TO ENSURE ALL STUDENTS GET THE BEST CHANCE AT A
BRIGHT FUTURE.
I ALSO WANT TO THANK YOU FOR ADDRESSING SUBSTANTIAL
EQUIVALENCY AND LISTENING TO THE VOICES OF THE JEWISH COMMUNITY,
MANY OF WHOM THAT I REPRESENT. THANK YOU SO MUCH.
I ALSO WANT TO -- I'M VERY THANKFUL FOR THE INCLUSION OF
UNIVERSAL FREE LUNCH. THOUSANDS OF KIDS ACROSS THE STATE FACE FOOD
INSECURITY AND DON'T KNOW WHERE THEIR NEXT MEAL MAY COME FROM.
ALLOWING ALL STUDENTS TO HAVE ACCESS TO FREE BREAKFAST AND LUNCH IS JUST
A COMMONSENSE THING TO DO. AND I WANT TO GIVE A HUGE THANK YOU TO
MY COLLEAGUE WHO FOUGHT FOR THIS FOR YEARS, AND -- AND JUST FOR STANDING
UP FOR STUDENTS ALL OVER THE STATE WITH THIS LEGISLATION. CONGRATULATIONS
TO HER.
AND ON TOP OF THESE, THERE ARE IMPORTANT PIECES OF
LEGISLATION THAT'S IMPORTANT TO RECOGNIZE, LIKE THE CHANGES OF DISCOVERY
LAWS TO CONTINUE TO PROMOTE THE RIGHT TO A SPEEDY, EQUITABLE TRIAL AND
THE RIGHT TO DUE PROCESS. AND TO ENSURE THAT WHAT HAPPENED TO KALIEF
BROWDER, AN INNOCENT YOUNG MAN WHO SAT IN JAIL FOR THREE YEARS
WAITING FOR HIS TRIAL BEFORE HIS CASE WAS DISMISSED, DOES NOT HAPPEN TO
ANOTHER CHILD, ANOTHER HUMAN BEING.
SO FOR THESE REASONS, MADAM SPEAKER, THAT ONLY TOUCH
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THE SURFACE OF WHAT IS COVERED IN THIS PART OF THE BUDGET, I WILL BE
VOTING IN THE AFFIRMATIVE. THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU. MS.
BICHOTTE HERMELYN IN THE AFFIRMATIVE.
MR. EPSTEIN TO EXPLAIN HIS VOTE.
MR. EPSTEIN: THANK YOU, SPEAKER. I RISE TO
EXPLAIN MY VOTE.
I REALLY WANT TO THANK THE SPEAKER AND THE STAFF FOR ALL
THE WORK THEY PUT INTO OVER THE LAST MANY MONTHS TO GET US TO THIS
MOMENT. THERE'S A LOT OF REALLY IMPORTANT THINGS WE'RE DOING IN -- IN
THIS BUDGET THIS WEEK. JUST ALONE ON -- ON THE CELLPHONES IN SCHOOLS, I
HAVE A YOUTH COUNCIL IN MY DISTRICT, AND THE YOUTH COUNCIL, THESE ARE
YOUNG PEOPLE WHO GO TO NEW YORK CITY HIGH SCHOOLS, SAYING HOW
IMPORTANT THIS IS FOR THEM TO BE ABLE TO GET PHONES OUT OF THEIRS HANDS
DURING THE SCHOOL DAY. AND THEY WERE ADVOCATING WHEN I INTRODUCED
LEGISLATION LAST YEAR TO TALK ABOUT THIS. TO TALK ABOUT HOW IMPORTANT IT
IS THAT THEY ARE LEARNING IN SCHOOL AND FOLLOWING UP WITH LEARNING IN
SCHOOL. AND IT'S REALLY CRITICAL THAT WE'RE SAYING TO THE NEW YORKERS IN
PUBLIC SCHOOL AND WE SEE YOU, WE HEAR YOU, THE PARENTS, THE FAMILIES.
WE'RE GONNA MAKE DISTRICTS HAVE LOCAL POLICIES. BUT WE'RE GOING
FORWARD TO MAKE SURE THAT OUR STUDENTS ARE SAFE AND THEY'RE FOCUSED ON
LEARNING WHILE THEY'RE IN SCHOOL.
THE HOUSING OPPORTUNITIES WE'VE DONE TODAY IS
EXPANDING PERMANENT AFFORDABLE HOUSING OPTIONS, CREATING SECTION 8
VOUCHERS. THIS IS SOMETHING THAT'S BEEN HISTORIC. WE'VE TALKED ABOUT
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THIS FOR -- FOR YEARS. AND THIS IS AN OPPORTUNITY TO SAY THAT NEW
YORKERS WHO ARE STRUGGLING WITH BEING ABLE TO PAY THEIR RENT, WHICH
WE KNOW 50 PERCENT OF NEW YORKERS IN NEW YORK CITY ARE PAYING
MORE THAN 50 PERCENT OF THEIR INCOME TOWARDS RENT -- WE'RE SAYING TO
THEM THAT WE SEE YOU, WE KNOW WHAT'S HAPPENING IN YOUR LIVES.
THE UNIVERSAL SCHOOL MEALS IS ANOTHER CRITICAL
MOMENT. WE'RE SAYING THAT PEOPLE WHO CAN'T AFFORD IT CAN NOW GET
ACCESS TO FREE BREAKFAST AND FREE LUNCH. THIS IS SOMETHING THAT WE SEE
IN THE CITY THAT'S HELPED FAMILY THROUGHOUT -- THROUGHOUT THE BOROUGHS,
AND THIS IS GONNA BE SOMETHING THAT'S MAINTAINING STATEWIDE.
AND EDUCATION DOESN'T EXIST WITHOUT RESOURCES AND THE
EXPANSION OF FOUNDATION AID. BUT CHANGING THE FORMULA ON TOP OF IT
FOR ENGLISH LANGUAGE LEARNERS REALLY PUTS MONEY INTO SCHOOLS THAT
NEED IT AND FOCUSES ON THOSE.
AND FINALLY, ON THE CHANGES TO DISCOVERY. CLEARLY,
HAVING PEOPLE V. BAY IS A GUIDE TO US ALL. HELPS US TO UNDERSTAND WHAT
THE RULES OF DISCOVERY HAVE TO BE SO ALL THE PARTIES IN THE DISPUTE WILL
KNOW WHAT THEY HAVE TO DO AND WHAT THEY CAN'T DO. PEOPLE V. BAY
HELPS US GET THAT STANDARD --
ACTING SPEAKER HUNTER: THANK YOU, MR.
EPSTEIN. HOW DO YOU VOTE?
MR. EPSTEIN: -- AND I VOTE IN THE AFFIRMATIVE.
THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU. MR.
EPSTEIN VOTING IN THE AFFIRMATIVE.
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MS. WALKER TO EXPLAIN HER VOTE.
MS. WALKER: THANK YOU, MADAM SPEAKER, FOR THE
OPPORTUNITY TO EXPLAIN MY VOTE.
WHILE A NOT OUTRIGHT BAN ON MASKS, TODAY'S BUDGET
WILL CREATE A NEW CRIME CALLED MASKED HARASSMENT. IT WILL CRIMINALIZE
THE WEARING OF FACE COVERINGS FOR THE PRIMARY PURPOSE OF MENACING OR
THREATENING VIOLENCE AGAINST ANOTHER PERSON OR GROUP OF PERSONS IN
REASONABLE FEAR FOR THEIR PHYSICAL SAFETY. NO MATTER HOW
WELL-INTENDED, THIS WOULD OPEN THE FLOODGATES FOR SELECTIVE AND
RACIALLY-BIASED ENFORCEMENT. PEOPLE CAN TRAVEL AROUND THE STATE AND
POST ON SOCIAL MEDIA ABOUT THE THREAT OF MASK PROTESTS ON COLLEGE
CAMPUSES, BUT THIS WILL ALSO HAVE EFFECTS IN OUR LOCAL COMMUNITIES. IN
PRACTICE, LAW ENFORCEMENT OFFICERS CAN AND WILL USE THE CRIMINALIZATION
OF MASK WEARING AS A PRETEXT TO STOP AND QUESTION BLACK AND BROWN
PEOPLE, ESPECIALLY YOUNG PEOPLE IN COMMUNITIES LIKE MINE WHICH HAVE
HISTORICALLY BEEN OVER-POLICED. JUST TAKE A LOOK AT THE STOP AND FRISK
DATA OR STOP -- OR TRAFFIC STOP DATA AND OBJECTIVE THINKERS CAN EASILY SEE
WHICH COMMUNITIES ARE THE MOST OVER-POLICED. THERE'S NO REASON TO
BELIEVE THAT THE ENFORCEMENT OF SO-CALLED MASK HARASSMENT WILL BE ANY
DIFFERENT. THIS WILL BE BROKEN WINDOWS POLICING GONE AWRY. AND
WHILE I DO STILL SUPPORT THIS BILL AND THIS BUDGET, I DO WANT TO RAISE UP
THAT CONCERN.
I ALSO APPLAUD THE BELL-TO-BELL SMARTPHONE BAN IN
SCHOOLS. NEW YORK IS THE FIRST STATE TO PROTECT CHILDREN FROM HARMFUL
AND ADDICTIVE SOCIAL MEDIA CONTENT, AND NOW WE'RE POISED TO BECOME
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NYS ASSEMBLY MAY 8, 2025
THE FIRST LARGE STATE TO BAN SMARTPHONES IN SCHOOLS FOR THE ENTIRE DAY.
SO TO MY 13-YEAR-OLD DAUGHTER, TIKTOK DOES NOT BELONG IN MATH CLASS,
AND YOUR IG STORIES CAN WAIT UNTIL AFTER SCHOOL INSTEAD OF BEING
AMERICA'S NEXT TOP BATHROOM MODEL. THE BELL-TO-BELL BAN WILL
ELIMINATE CLASSROOM DISTRACTION AND HELP OUR YOUNG PEOPLE TO SEE -- TO
SUCCEED.
CONGRATULATIONS ON THIS YEAR'S BUDGET. I VOTE IN THE
AFFIRMATIVE.
ACTING SPEAKER HUNTER: THANK YOU. MS.
WALKER IN THE AFFIRMATIVE.
MS. KELLES TO EXPLAIN HER VOTE.
MS. KELLES: THANK YOU. I -- I DO WANT TO NOTE AS I
-- I SAID BEFORE, THERE ARE CERTAIN -- SOME THINGS IN THIS BUDGET THAT I AM
DEEPLY CONCERNED ABOUT. AS I SAID, I DON'T SUPPORT THE WATERING DOWN
OF THE SUBSTANTIAL EQUIVALENCY. I THINK WE HAD A MISSED OPPORTUNITY OF
NOT GETTING AN EXPANSION OF THE EARNED TIME PROGRAM WHICH WOULD
HAVE CREATED TRUE TRANSFORMATION IN THE CARCERAL SYSTEM AND IMPROVE
SAFETY FOR CORRECTIONS OFFICERS AND STAFF, AND TREAT PEOPLE INCARCERATED,
WHICH WE CAN STILL DO HOPEFULLY OUTSIDE THE BUDGET. THE ADDITION OF
THE -- THE MASK CRIME. YOU KNOW, THERE ARE THINGS THAT DO CONCERN ME.
BUT I DO WANT TO THANK THE SPEAKER AND ALL OF THE STAFF
FOR PHENOMENAL WORK AND PERSEVERANCE. AND THEY HAVE GOTTEN SOME
AMAZING THINGS IN THIS BUDGET AS HAS BEEN MENTIONED BY OTHERS;
UNIVERSAL SCHOOL MEALS, REMOVING CELLPHONES FROM SCHOOLS SO OUR
STUDENTS CAN TRULY FOCUS ON THEIR EDUCATION. PAYMENT OF LOW-INCOME
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NYS ASSEMBLY MAY 8, 2025
FAMILIES UPON BIRTH OF A CHILD. CHILD CARE SUBSIDIES THAT OUR CHILDCARE
FACILITIES NEED DESPERATELY. FREE COMMUNITY COLLEGES FOR STUDENTS
GOING INTO HIGH-DEMAND FIELDS. HOUSING ACCESS VOUCHER PROGRAMS AND
INCREASED FUNDING FOR PERMANENTLY AFFORDABLE HOUSING. THE INCREASE
IN LOCAL FUNDING FOR INFRASTRUCTURE FOR MUNICIPALITIES. CLEAN WATER
INFRASTRUCTURE FUNDING. INCREASED FOUNDATION AID. CREATION OF THE
GREEN AFFORDABLE PRE-ELECTRIFICATION, OR GAP FUND, THAT WILL HELP
FAMILIES DO THE REMEDIATIONS ON THEIR HOMES SO THAT THEY CAN THEN
MOVE TO THE EMPOWER PLUS PROGRAM AND DO ELECTRIFICATION ON THEIR
HOMES. SIGNIFICANT INCREASE IN FUNDING FOR -- FOR BUILDING
ELECTRIFICATION AND DECARBONIZATION. THERMAL ENERGY NETWORKS. AND
INCREASING FUNDING FOR THE ENVIRONMENTAL PROTECTION FUND. AND JUST
LIKE OTHERS, I COULD GO ON AND ON AND ON. THESE ARE AMAZING, DEEPLY
NEEDED.
AND I AGAIN WANT TO THANK STAFF AND THE SPEAKER FOR
THEIR INCREDIBLE WORK ON GETTING THESE DONE, AND I STAND IN SUPPORT OF
THE ENTIRE BODY OF THE LEGISLATION DESPITE THE FEW CONCERNS THAT I HAVE.
ACTING SPEAKER HUNTER: THANK YOU, MS.
KELLES.
MS. KELLES: THANK YOU.
ACTING SPEAKER HUNTER: MS. KELLES IN THE
AFFIRMATIVE.
MR. ANDERSON TO EXPLAIN HIS VOTE.
MR. ANDERSON: THANK YOU, MADAM SPEAKER, TO
EXPLAIN MY VOTE. I WANT TO TAKE A MOMENT TO THANK THE ENTIRE STAFF AND
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NYS ASSEMBLY MAY 8, 2025
OUR SPEAKER FOR THIS BUDGET. WHILE NOT PERFECT, IT CERTAINLY MEETS THE
NEEDS OF WORKING-CLASS NEW YORKERS ACROSS THE SPECTRUM.
I'M GRATEFUL FOR THE CREATION OF THE HOUSING ACCESS
VOUCHER PROGRAM WHICH WILL CREATE A NEW SECTION 8 PROGRAM IN THE
FACE OF THE CUTS THAT WE'RE FACING ON THE FEDERAL LEVEL AND PROTECT
RENTERS HERE IN THE STATE OF NEW YORK. I'M ALSO GRATEFUL FOR THE
FUNDING FOR MITCHELL-LAMA, GIVEN THE MITCHELL-LAMA COMPLEXES THAT I
HAVE IN MY DISTRICT THAT ARE IN NEED OF REPAIR AND SUPPORT.
AS THE NEW CHAIR OF THE FOOD, FARM AND NU -- AND
TASK FORCE -- FOOD, FARM AND NUTRITION POLICY TASK FORCE, I'M EXCITED
THAT PART OF OUR PRIORITIES THIS YEAR RELATING TO FREE MEALS MADE IT INTO
THIS BUDGET, AND WE'RE GRATEFUL FOR THAT. BUT ALSO WHEN WE'RE LOOKING
AT CONTINUING THE FIGHT FOR OUR HOUSING AND OUR NEIGHBORS, GRATEFUL THAT
THE NEW YORK CITY HOUSING AUTHORITY WILL ALSO HAVE CAPITAL MONEY IN
THIS BUDGET TO ADDRESS THEIR LONGSTANDING NEEDS AND ISSUES.
TWO PROGRAMS THAT ARE NEAR AND DEAR TO ME AS A
GRADUATE OF THOSE PROGRAMS, THE OPPORTUNITY PROGRAMS AND OUR SEEK
PROGRAM AS WELL AS OUR MY BROTHER'S KEEPER PROGRAMS RECEIVED AN
INCREASE IN FUNDING THIS YEAR, AS WELL AS OUR FOSTER YOUTH INITIATIVE THAT
ALSO RECEIVED AN ADDITIONAL INCREASE IN FUNDING THIS YEAR.
AGAIN, WHILE I MENTIONED, MADAM SPEAKER, THAT THE
BUDGET IS NOT PERFECT AND THERE ARE SOME THINGS THAT I DISAGREE WITH, I
DO AGREE THAT WORKING-CLASS NEW YORKERS DESERVE TO HAVE A FIGHTING
FUTURE, AND I ALSO BELIEVE THAT WE LIVE TO FIGHT ANOTHER DAY.
MADAM SPEAKER, I WITHDRAW MY REQUEST AND PROUDLY
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NYS ASSEMBLY MAY 8, 2025
VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER HUNTER: THANK YOU. MR.
ANDERSON IN THE AFFIRMATIVE.
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 WE
COULD CONTINUE OUR EFFORTS HERE AND GO TO RULES REPORT NO. 184,
FOLLOWED BY RULES REPORT NO. 182.
ACTING SPEAKER HUNTER: THANK YOU.
(PAUSE)
PAGE 9, RULES REPORT NO. 184, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A03009-C, RULES
REPORT NO. 184, BUDGET BILL. AN ACT TO AMEND THE TAX LAW, IN
RELATION TO THE INFLATION REFUND CREDIT (PART A); TO AMEND THE TAX
LAW, IN RELATION TO PROVIDING FOR A MIDDLE-CLASS TAX CUT AND EXTENDING
THE TEMPORARY PERSONAL INCOME TAX HIGH INCOME SURCHARGE (PART B); TO
AMEND THE TAX LAW, IN RELATION TO ENHANCING THE EMPIRE STATE CHILD
CREDIT FOR THREE YEARS (PART C); TO AMEND THE PUBLIC HOUSING LAW, IN
RELATION TO CERTAIN ELIGIBILITY FOR THE NEW YORK STATE LOW-INCOME
HOUSING TAX CREDIT PROGRAM AND INCREASES TO THE AGGREGATE AMOUNT OF
THE ALLOCABLE TAX CREDIT (PART D); TO AMEND THE TAX LAW, IN RELATION TO
CREDITS FOR THE REHABILITATION OF HISTORIC PROPERTIES (PART E); TO AMEND
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NYS ASSEMBLY MAY 8, 2025
THE REAL PROPERTY LAW, IN RELATION TO THE PURCHASE OF RESIDENTIAL REAL
PROPERTY BY CERTAIN PURCHASERS (SUBPART A); TO AMEND THE TAX LAW, IN
RELATION TO DEPRECIATION AND INTEREST DEDUCTION ADJUSTMENTS FOR
PROPERTIES OWNED BY INSTITUTIONAL INVESTORS IN RESIDENTIAL PROPERTIES
(SUBPART B); AND TO AMEND THE REAL PROPERTY LAW, IN RELATION TO PUBLIC
NOTICE OF REAL PROPERTY SOLICITATION CEASE AND DESIST ZONES (SUBPART C)
(PART F); INTENTIONALLY OMITTED (PART G); TO AMEND THE ECONOMIC
DEVELOPMENT LAW AND THE TAX LAW, IN RELATION TO THE EXCELSIOR JOBS
PROGRAM; AND TO REPEAL ARTICLE 22 OF THE ECONOMIC DEVELOPMENT LAW
RELATING TO THE EMPLOYEE TRAINING INCENTIVE PROGRAM (SUBPART A); AND
TO AMEND THE ECONOMIC DEVELOPMENT LAW, IN RELATION TO THE EMPIRE
STATE JOBS RETENTION PROGRAM (SUBPART B) (PART H); TO AMEND THE TAX
LAW, IN RELATION TO FILM PRODUCTION AND POST-PRODUCTION CREDITS (PART
I); TO AMEND THE ECONOMIC DEVELOPMENT LAW AND THE TAX LAW, IN
RELATION TO THE NEWSPAPER AND BROADCAST MEDIA JOBS PROGRAM (PART J);
TO AMEND THE TAX LAW, IN RELATION TO THE EMPIRE STATE DIGITAL GAMING
MEDIA PRODUCTION CREDIT (PART K); TO AMEND SUBPART B OF PART PP OF
CHAPTER 59 OF THE LAWS OF 2021 AMENDING THE TAX LAW AND THE STATE
FINANCE LAW RELATING TO ESTABLISHING THE NEW YORK CITY MUSICAL AND
THEATRICAL PRODUCTION TAX CREDIT AND ESTABLISHING THE NEW YORK STATE
COUNCIL ON THE ARTS CULTURAL PROGRAM FUND, IN RELATION TO THE
EFFECTIVENESS THEREOF; AND TO AMEND THE TAX LAW, IN RELATION TO THE
NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION TAX CREDIT (PART
L); TO AMEND THE TAX LAW, IN RELATION TO CLARIFYING THE NOTICES
AFFORDED PROTEST RIGHTS (PART M); TO AMEND THE TAX LAW, IN RELATION TO
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NYS ASSEMBLY MAY 8, 2025
THE FILING OF TAX WARRANTS AND WARRANT-RELATED RECORDS (PART N); TO
AMEND THE REAL PROPERTY TAX LAW AND THE TAX LAW, IN RELATION TO
SIMPLIFYING STAR INCOME DETERMINATIONS; AND TO REPEAL CERTAIN
PROVISIONS OF SUCH LAWS RELATING THERETO (PART O); INTENTIONALLY OMITTED
(PART P); INTENTIONALLY OMITTED (PART Q); TO AMEND THE TAX LAW, IN
RELATION TO INCREASING THE ESTIMATED TAX THRESHOLD UNDER ARTICLE 9-A OF
THE TAX LAW (PART R); TO AMEND THE TAX LAW, IN RELATION TO
ESTABLISHING A TAX CREDIT FOR ORGAN DONATION (PART S); TO AMEND THE TAX
LAW, IN RELATION TO EXTENDING THE ESTATE TAX THREE-YEAR GIFT
ADD-BACK RULE (PART T); AMEND THE TAX LAW, IN RELATION TO EXPANDING
THE CREDIT FOR EMPLOYMENT OF PERSONS WITH DISABILITIES (PART U); TO
AMEND THE TAX LAW, IN RELATION TO REPORTING OF FEDERAL PARTNERSHIP
ADJUSTMENTS (SUBPART A); AND TO AMEND THE ADMINISTRATIVE CODE OF
THE CITY OF NEW YORK, IN RELATION TO REPORTING OF FEDERAL PARTNERSHIP
ADJUSTMENTS (SUBPART B) (PART V); TO AMEND THE TAX LAW AND THE
ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, IN RELATION TO
ESTABLISHING A CREDIT AGAINST THE TAX ON PERSONAL INCOME OF CERTAIN
RESIDENTS OF A CITY HAVING A POPULATION OF ONE MILLION OR MORE
INHABITANTS (PART W); INTENTIONALLY OMITTED (PART X); TO AMEND THE TAX
LAW, IN RELATION TO EXTENDING THE CLEAN HEATING FUEL CREDIT FOR THREE
YEARS (PART Y); TO AMEND THE TAX LAW, IN RELATION TO EXTENDING THE
ALTERNATIVE FUELS AND ELECTRIC VEHICLE RECHARGING PROPERTY CREDIT FOR
THREE YEARS (PART Z); TO AMEND THE TAX LAW, IN RELATION TO EXTENDING
THE SALES TAX EXEMPTION FOR CERTAIN SALES MADE THROUGH VENDING
MACHINES (PART AA); TO AMEND THE LABOR LAW, IN RELATION TO EXTENDING
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NYS ASSEMBLY MAY 8, 2025
THE WORKERS WITH DISABILITIES TAX CREDIT (PART BB); TO AMEND THE TAX
LAW, IN RELATION TO EXTENDING THE HIRE A VET CREDIT (PART CC); TO
AMEND PART HH OF CHAPTER 59 OF THE LAWS OF 2014, AMENDING THE TAX
LAW RELATING TO A MUSICAL AND THEATRICAL PRODUCTION CREDIT, IN RELATION
TO THE EFFECTIVENESS THEREOF (PART DD); TO AMEND PART U OF CHAPTER 59
OF THE LAWS OF 2017, AMENDING THE TAX LAW, RELATING TO THE FINANCIAL
INSTITUTION DATA MATCH SYSTEM FOR STATE TAX COLLECTION PURPOSES, IN
RELATION TO EXTENDING THE EFFECTIVENESS THEREOF (PART EE); TO AMEND THE
RACING, PARI-MUTUEL WAGERING AND BREEDING LAW, IN RELATION TO
SIMPLIFYING THE PARI-MUTUEL TAX RATE SYSTEM; AND TO REPEAL SECTION 908
OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW RELATING
THERETO (SUBPART A); TO AMEND THE RACING, PARI-MUTUEL WAGERING AND
BREEDING LAW, IN RELATION TO LICENSES FOR SIMULCAST FACILITIES, SUMS
RELATING TO TRACK SIMULCAST, SIMULCAST OF OUT-OF-STATE THOROUGHBRED
RACES, SIMULCASTING OF RACES RUN BY OUT-OF-STATE HARNESS TRACKS AND
DISTRIBUTIONS OF WAGERS; TO AMEND CHAPTER 281OF THE LAWS OF 1994
AMENDING THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW AND
OTHER LAWS RELATING TO SIMULCASTING, IN RELATION TO THE EFFECTIVENESS
THEREOF; AND TO AMEND CHAPTER 346 OF THE LAWS OF 1990 AMENDING THE
RACING, PARI-MUTUEL WAGERING AND BREEDING LAW AND OTHER LAWS
RELATING TO SIMULCASTING AND THE IMPOSITION OF CERTAIN TAXES, IN RELATION
TO THE EFFECTIVENESS THEREOF (SUBPART B); AND TO AMEND THE RACING,
PARI-MUTUEL WAGERING AND BREEDING LAW AND THE STATE
FINANCE LAW, IN RELATION TO MARKET ORIGIN CREDITS AND FEES (SUBPART
C)(PART FF); TO AMEND THE RACING, PARI-MUTUEL WAGERING AND
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BREEDING LAW, IN RELATION TO THE TAX ON GAMING REVENUES IN CERTAIN
REGIONS; TO AMEND PART OOO OF CHAPTER 59 OF THE LAWS OF 2021
AMENDING THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW
RELATING TO THE TAX ON GAMING REVENUES, IN RELATION TO THE EFFECTIVENESS
THEREOF; AND PROVIDING FOR THE REPEAL OF CERTAIN PROVISIONS UPON
EXPIRATION THEREOF (PART GG); TO AMEND THE RACING, PARI-MUTUEL
WAGERING AND BREEDING LAW, IN RELATION TO THE UTILIZATION OF FUNDS IN
THE CAPITAL OFF-TRACK BETTING CORPORATIONS' CAPITAL ACQUISITION FUNDS
(PART HH); TO AMEND THE RACING, PARI-MUTUEL WAGERING AND BREEDING
LAW, IN RELATION TO ENHANCING THE HEALTH AND SAFETY OF THOROUGHBRED
HORSES; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON
EXPIRATION THEREOF (PART II); TO AMEND THE TAX LAW AND CHAPTER 60 OF
THE LAWS OF 2016 AMENDING THE TAX LAW RELATING TO CREATING A FARM
WORKFORCE RETENTION CREDIT, IN RELATION TO EXTENDING THE PROVISIONS
THEREOF (PART JJ); TO AMEND THE AGRICULTURE AND MARKETS LAW AND THE
TAX LAW, IN RELATION TO THE FARM EMPLOYER OVERTIME CREDIT (PART
KK); TO AMEND PART H OF CHAPTER 59 OF THE LAWS OF 2024 AMENDING
THE TAX LAW RELATING TO THE FILING OF AMENDED RETURNS UNDER ARTICLE 28
THEREOF, IN RELATION TO MAKING TECHNICAL CORRECTIONS THERETO (PART LL);
TO AMEND THE TAX LAW, IN RELATION TO VENDOR FEES PAID TO CERTAIN
VENDOR TRACKS; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON
EXPIRATION THEREOF (PART MM); TO AMEND THE RACING, PARI-MUTUEL
WAGERING AND BREEDING LAW, IN RELATION TO MEMBERS OF THE FRANCHISED
CORPORATION APPOINTED BY THE NEW YORK RACING ASSOCIATION (PART
NN); TO AMEND THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW,
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IN RELATION TO MOBILE SPORTS TAX REVENUE BE USED FOR PROBLEM GAMBLING
(PART OO); TO EXTEND THE DURATION OF CERTAIN BROWNFIELD REDEVELOPMENT
AND REMEDIATION TAX CREDITS FOR CERTAIN SITES (PART PP); TO AMEND THE
TAX LAW, IN RELATION TO THE RELIEF FROM SALES TAX LIABILITY PROVIDED TO
CERTAIN LIMITED PARTNERS AND MEMBERS OF LIMITED LIABILITY COMPANIES
(PART QQ); TO AMEND THE TAX LAW, IN RELATION TO SIMPLIFYING THE
PROPERTY TAX CREDIT; AND TO REPEAL CERTAIN PROVISIONS OF SUCH LAW
RELATING THERETO (PART RR); TO AMEND THE TAX LAW, IN RELATION TO
AUTHORIZING AN OCCUPANCY TAX IN THE CITY OF AUBURN; AND PROVIDING FOR
THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION THEREOF (PART SS); TO
AMEND THE TAX LAW, IN RELATION TO AUTHORIZING THE CITY OF BUFFALO TO
IMPOSE A HOTEL AND MOTEL TAX; AND PROVIDING FOR THE REPEAL OF SUCH
PROVISIONS UPON THE EXPIRATION THEREOF (PART TT); TO AMEND THE TAX
LAW, IN RELATION TO GEOTHERMAL ENERGY SYSTEMS TAX CREDITS (PART UU);
TO AMEND THE TAX LAW, IN RELATION TO THE METROPOLITAN COMMUTER
TRANSPORTATION MOBILITY TAX; AND TO AMEND THE PUBLIC AUTHORITIES
LAW, IN RELATION TO AMENDING THE RATES OF TAX AND THE DISTRIBUTION OF
REVENUE THEREFROM (PART VV); TO AMEND THE TAX LAW, IN RELATION TO
SALES AND COMPENSATING USE TAXES FOR THE METROPOLITAN COMMUTER
TRANSPORTATION DISTRICT; TO AMEND THE STATE FINANCE LAW, IN RELATION TO
THE MASS TRANSPORTATION OPERATING ASSISTANCE FUND AND THE DEDICATED
MASS TRANSPORTATION TRUST FUND; AND TO AMEND THE PUBLIC AUTHORITIES
LAW, IN RELATION TO THE METROPOLITAN TRANSPORTATION AUTHORITY
DEDICATED TAX FUND (PART WW); AND TO AMEND THE PUBLIC AUTHORITIES
LAW, IN RELATION TO THE AGGREGATE PRINCIPAL AMOUNT OF BONDS, NOTES OR
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NYS ASSEMBLY MAY 8, 2025
OTHER OBLIGATIONS ISSUED BY THE METROPOLITAN TRANSIT AUTHORITY, THE
TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY AND THE NEW YORK CITY
TRANSIT AUTHORITY (PART XX).
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: ABSOLUTELY. THIS BILL WOULD ENACT
MAJOR PIECES OF LEGISLATION THAT ARE REQUIRED TO IMPLEMENT THE REVENUE
PROPOSALS THAT ARE NECESSARY TO ENSURE A BALANCED STATE BUDGET.
ACTING SPEAKER HUNTER: MR. RA.
MR. RA: THANK YOU, MADAM SPEAKER. WOULD 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 WE HAVE A NUMBER OF
REVENUE ACTIONS WITHIN THIS BILL, BUT LET'S START WITH THE TOP LINE OF THIS.
WHAT IS THE FISCAL IMPACT OF THIS PARTICULAR BUDGET BILL?
MR. PRETLOW: THIS BILL WOULD REDUCE STATE
REVENUES FOR FISCAL YEAR '25-'26 BY $2.7 BILLION.
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NYS ASSEMBLY MAY 8, 2025
MR. RA: OKAY. AND THE -- IN THE FOLLOWING YEAR?
MR. PRETLOW: ON THE OUT-YEARS, A $1.7 BILLION
REDUCTION IN FISCAL YEAR '26-'27 AND $1.1 BILLION IN FISCAL YEARS '27-'28.
MR. RA: OKAY. NOW, ONE OF THE, I WOULD SAY, YOU
KNOW, SIGNATURE PROPOSALS OF THE GOVERNOR'S EXECUTIVE BUDGET WAS
THIS REBATE CHECK PROGRAM.
MR. PRETLOW: YES.
MR. RA: HOW DOES THIS DIFFER FROM THE GOVERNOR'S
INITIAL PROPOSAL?
MR. PRETLOW: WELL, IT'S BEEN LOWERED A LITTLE BIT
BECAUSE WE WANTED TO REUSE SOME OF THE MONIES FOR OTHER ISSUES. BUT
THE PROPOSE -- THE PROPOSAL AS WRITTEN WOULD PROVIDE FOR A ONE-TIME $2
BILLION INFLATION REFUND CREDIT FOR CERTAIN TAXPAYERS IN THE FOLLOWING
AMOUNTS: $400 FOR JOINT FILERS WITH INCOMES BELOW $150,000, AND
$300 FOR JOINT FILERS WITH INCOMES BETWEEN $150- AND $300,000; $200
FOR SINGLE FILERS WITH INCOMES BELOW $75,000 AND $150 FOR SINGLE FILERS
WITH INCOMES BETWEEN $75- AND $150,000.
MR. RA: OKAY. AND DO WE HAVE ANY IDEA OF HOW
MANY NEW YORKERS ARE EXPECTED TO RECEIVE THESE CHECKS?
MR. PRETLOW: STATEWIDE WE'RE LOOKING AT
APPROXIMATELY 8.2 BILL -- MILLION NEW YORKERS. THAT BREAKS OUT AS
NEW YORK STATE -- NEW YORK CITY WITH 3.5 MILLION AND THE REST OF THE
STATE 4.7 MILLION.
MR. RA: OKAY. AND AS WE'VE DONE THESE TYPES OF
PROGRAMS IN THE PAST, SOMETIMES THEY'VE GONE OUT -- AND I'M SURE
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NYS ASSEMBLY MAY 8, 2025
YOU'VE DEALT WITH CONSTITUENTS WHO HAD, YOU KNOW, NEIGHBORS, FRIENDS
SAY THEY GOT THEM AND THEY DIDN'T GET THEM. THIS IS GONNA BE, I
ASSUME, IMPLEMENTED THROUGH TAX AND FINANCE. AND ARE -- AND ARE
THEY RESPONSIBLE FOR -- FOR MAKING SURE THAT THEY GO OUT IN A TIMELY
MANNER AND -- AND VERIFYING ELIGIBILITY?
MR. PRETLOW: WELL, THE PLAN IS FOR THE
INDIVIDUALS TO RECEIVE THEM IN THE FALL, AND IF FOR SOME REASON YOU DON'T
RECEIVE IT IN THE FALL YOU CAN APPLY FOR IT IN THE NEXT YEAR.
MR. RA: OKAY. THANK YOU.
THE MIDDLE-INCOME TAX CUT. CAN YOU GIVE ME THE
FISCAL IMPACT OF THAT PROVISION?
MR. PRETLOW: THE FISCAL IMPACT IS $103 MILLION
IN THIS FISCAL YEAR '25-'26, $452 MILLION IN '26-'27, $968 MILLION IN
FISCAL YEAR '27-'28, AND $1.055 BILLION IN FISCAL YEAR '28-'29.
MR. RA: OKAY. AND THIS IS A 0.2 PERCENT REDUCTION
OVER A TWO-YEAR PERIOD?
MR. PRETLOW: YES.
MR. RA: AND IT BEGINS NEXT YEAR.
MR. PRETLOW: IT BEGINS IN 2027.
MR. RA: OKAY. IT BEGINS IN 2027. OKAY.
NOW, THIS DIFFERS, CORRECT, FROM THE -- I BELIEVE YOU
HAD A MORE --
MR. PRETLOW: WELL, ACTUALLY -- LET ME REPHRASE
THAT. IT PHASES IN OVER TWO YEARS.
MR. RA: PHASE -- IT BEGINS IN '26 AND THEN IT WILL BE
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NYS ASSEMBLY MAY 8, 2025
FULLY PHASED IN BY 2027.
MR. PRETLOW: CORRECT.
MR. RA: I -- I KNOW IN YOUR ONE-HOUSE BUDGET YOU
HAD, I BELIEVE, A MORE EXTENSIVE MIDDLE-CLASS INCOME TAX CUT, RIGHT?
THIS -- THIS ONE IS -- IS THIS REFLECTIVE OF THE GOVERNOR'S INITIAL PROPOSAL
OR IS IT SOMEWHERE IN BETWEEN THOSE TWO?
MR. PRETLOW: WELL, IT WAS -- IT WAS PARED DOWN A
BIT AND IT'S BETWEEN THE TWO.
MR. RA: OKAY. AND THEN THE -- WE HAVE AN
EXTENSION OF THE TAX ON MILLIONAIRES THAT WE HAD DONE A FEW YEARS AGO.
THIS WAS GOING TO EXPIRE IN ANOTHER YEAR, I BELIEVE, BUT -- SO HOW LONG
ARE WE EXTENDING THIS QUOTE, UNQUOTE "TEMPORARY TAX"?
MR. PRETLOW: THAT EXTENSION IS FOR ANOTHER FIVE
YEARS.
MR. RA: FOR ANOTHER FIVE YEARS. OKAY.
AND DO WE KNOW WHAT THE ANTICIPATED REVENUE FROM
THIS PARTICULAR TAX IS OVER THE FIVE YEARS?
MR. PRETLOW: IN THE FISCAL YEAR '27-'28 IT'S $989
MILLION; IN THE FISCAL YEAR '28-'29 IT'S $3.6 BILLION; AND IT'S IN THE
NEIGHBORHOOD OF $4.8 BILLION ANNUALLY THEREAFTER.
MR. RA: OKAY. NOW, YOU -- YOU MAY RECALL DURING
THE BUDGET HEARING PROCESS WE -- WE HAD, YOU KNOW, SPOKEN TO THE
COMMISSIONER OR ACTING COMMISSIONER OF TAX AND FINANCE REGARDING
ANY DATA THEY MIGHT HAVE WITH REGARD TO HOW THIS HAS IMPACTED NEW
YORKERS IN TERMS OF OUT-MIGRATION. AS YOU KNOW, WE -- WE -- WE'VE
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NYS ASSEMBLY MAY 8, 2025
HAD A REDUCTION IN OUR SHARE OF MILLIONAIRES LIVING IN NEW YORK. ARE
YOU AWARE OF ANY DATA AS TO HOW THIS TAX HAS OPERATED SINCE WE PUT IT
IN RELATIVE TO WHAT OUR PROJECTED REVENUES ARE FROM IT? HAVE WE
REALIZED WHAT WE EXPECTED, AND DO WE HAVE ANY DATA SHOWING THAT
NEW YORKERS HAVE -- HAVE LEFT THE STATE?
MR. PRETLOW: MY RECORDS SHOW THAT ACCORDING TO
PRELIMINARY TAX DATA FROM THE TAX AND FINANCE DEPARTMENT THE
NUMBER OF MILLIONAIRE TAX FILERS HAS INCREASED TO 86,211 IN 2023.
SINCE 2020, THE NUMBER OF MILLIONAIRE FILERS IN NEW YORK STATE HAS
INCREASED BY ALMOST 30,000 PEOPLE. SO THEY'RE COMING IN, NOT GOING
OUT.
MR. RA: WELL, I -- I THINK IT DEPENDS ON HOW WE
CHARACTERIZE THIS. I THINK WE -- THERE'S -- THERE'S MORE, BUT OUR SHARE
RELATIVE TO OTHER STATES HAS -- HAS BEEN REDUCED GREATLY AND -- AND IT'S
THE LOWER-TAXED STATES WHERE THAT NUMBER IS -- IS INCREASING.
MR. PRETLOW: WELL, MANY INDIVIDUALS HAVE
GOTTEN RICHER DURING -- DURING THE PANDEMIC. I MEAN, RIGHT -- RIGHT NOW
IN NEW YORK WE HAVE 10,299 FILERS THAT ARE EARNING ABOVE $5 MILLION,
AND 1,293 FILERS EARNING ABOVE $10 MILLION. AND I THINK THIS IS YOUR
GROUP HERE, 551 FILERS EARNING 25 MILLION.
MR. RA: OKAY. SOME OF THE OTHER TAX PROVISIONS,
WE HAVE THE CHILD TAX CREDIT. THIS IS AN ISSUE THAT I THINK HAS HAD A LOT
OF SUPPORT ON BOTH SIDES OF THE AISLE. IT'S BEEN A PRIORITY FOR OUR
CONFERENCE AND WE HAD PUT TOGETHER A SIMILAR PROPOSAL LAST YEAR. WE
KNOW THE GOVERNOR ORIGINALLY PROPOSED A THREE-YEAR ENHANCEMENT TO
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NYS ASSEMBLY MAY 8, 2025
THE EMPIRE STATE CHILD TAX CREDIT AND THE MAJORITY'S PROPOSAL WOULD
HAVE MADE THAT -- THIS A ONE-YEAR ENHANCEMENT. THE FINAL BUDGET HAS A
THREE-YEAR ENHANCEMENT?
MR. PRETLOW: YES.
MR. RA: OKAY. AND DO WE HAVE ANY DATA OR -- OR
PROJECTED IMPACT IN TERMS OF REDUCING CHILD POVERTY IN NEW YORK STATE
WITH THE IMPLEMENTATION OF THIS? I KNOW THAT DURING THE PANDEMIC
WHEN THE FEDERAL GOVERNMENT ENHANCED THIS, IT -- IT SEEMED TO HAVE A
GREAT IMPACT ON HELPING REDUCE CHILDHOOD POVERTY.
MR. PRETLOW: OKAY, WELL, THIS ENHANCED CREDIT
WOULD BENEFIT APPROXIMATELY 1.6 MILLION FILERS AND 2.8 MILLION
CHILDREN. THE FISCAL IMPACT BY YEAR IS 471 MILLION IN FISCAL YEAR '26,
825 MILLION IN FISCAL YEAR '27 AND 825 MILLION IN FISCAL YEAR '28.
MR. RA: THANK YOU FOR THAT.
STAR. WE ARE ENACTING REFORMS TO THE STAR
PROGRAM, INCLUDING REQUIRING THAT TO RECEIVE ENHANCED STAR BENEFIT
ONLY ONE OWNER RESIDING AT THE PROPERTY WOULD NEED TO BE 65 YEARS OR
OLDER, AND ONLY THE INCOME OF THOSE WHO PRIMARILY RESIDE AT THE
PROPERTY WOULD BE CONSIDERED FOR STAR ELIGIBILITY. SO HOW -- HOW IS
THAT VERIFIED IN TERMS OF WHO PRIMARILY RESIDES AT THE PROPERTY TO MAKE
THEM ELIGIBLE FOR THAT?
MR. PRETLOW: WELL, THE PROPOSAL WOULD SIMPLIFY
INCOME AND AGE ELIGIBILITY RULES UNDER THE NEW PROGRAM IN VARIOUS
WAYS. ONE IS IT REQUIRES ONLY ONE RESIDENT OF A PROPERTY TO BE 65 YEARS
OR OLDER TO QUALIFY FOR ENHANCED STAR. IT WOULD ONLY CONSIDER THE
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INCOME OF THE OWNER WHO WAS -- PRIMARILY RESIDES ON THE PROPERTY THAT
IS CONSIDERED. IT ALLOWS PROPERTY OWNERS WHO ARE NOT REQUIRED TO FILE
INCOME TAX RETURNS TO MAINTAIN THEIR BENEFIT WITHOUT THE NEED TO FILE
INCOME VERIFICATION WORKSHEETS IF THEY ARE ELIGIBLE FOR THREE
CONSECUTIVE YEARS, AND IT SETS JULY 1ST AS THE RESIDENCY DATE FOR STAR
CREDIT INCOME ELIGIBILITY PURPOSES INSTEAD OF DECEMBER 31ST AS IN
CURRENT LAW.
MR. RA: AND DO WE KNOW HOW MANY MORE SENIORS
WOULD QUALIFY FOR ENHANCED STAR UNDER THIS ENACTED BUDGET CHANGE?
MR. PRETLOW: WE DON'T KNOW THE NUMBER, BUT WE
DO KNOW THAT IT WILL EXPAND THE ELIGIBILITY.
MR. RA: OKAY. THANK YOU.
THE WAITING PERIOD FOR REAL ESTATE INVESTORS. CAN --
CAN YOU EXPLAIN THAT AND WHETHER THIS MIRRORS THE EXECUTIVE BUDGET
PROPOSAL OR -- OR IF THERE ARE CHANGES FROM THAT ORIGINAL
(INDISCERNIBLE/CROSS-TALK)?
MR. PRETLOW: WELL, THE FINALIZED AGREEMENT IS
THAT REAL ESTATE INVESTMENT TRUSTS OR REAL ESTATE INVESTMENTS WOULD HAVE
TO WAIT 90 DAYS OR HAVE A -- A PROPERTY WOULD HAVE TO BE ON THE MARKET
FOR 90 DAYS BEFORE THEY CAN MAKE AN OFFER ON IT. AND IT PROHIBITS THE
DEPRECIATION AND INTEREST TAX DEDUCTIONS THAT THESE PROPERTY OWNERS
ALSO TAKE.
MR. RA: AND SO MY UNDERSTANDING IS THE SECRETARY
OF STATE THEN CAN ALSO ESTABLISH ZONES WHERE HOMEOWNERS CAN'T BE
SOLICITED BY THESE TYPES OF INVESTORS. DO WE KNOW HOW THE PROVISION
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FOR HOMEOWNERS TO OPT OUT OF THE RESTRICTIONS IS GOING TO WORK IN
PRACTICE?
(CONFERENCING)
MR. PRETLOW: THE DEPARTMENT OF STATE WILL
ESTABLISHED WHERE THE ZONES ARE AND MAKE IT PUBLIC.
MR. RA: OKAY. AND DO YOU KNOW WHY -- WHY THE
SECRETARY OF STATE AS OPPOSED TO MAYBE AN AGENCY THAT MORE REGULARLY
DEALT WITH HOUSING?
MR. PRETLOW: THEY WORK WITH MUNICIPALITIES ON
A REGULAR BASIS, SO THEY'RE MORE FAMILIAR WITH EACH COMMUNITY.
MR. RA: OKAY. NOW WOULD -- WOULD THE ZONES HAVE
TO BE CONTINUOUS WITH SOME POLITICAL BOUNDARIES OR WOULD -- COULD
THEY JUST BE PART OF --
MR. PRETLOW: NOT TO MY KNOWLEDGE.
MR. RA: OKAY. SO IT COULD BE A PART OF A TOWNSHIP,
IT COULD BE A PART OF A COUNTY. NOT NECESSARILY THE WHOLE OF THAT
POLITICAL SUBDIVISION.
MR. PRETLOW: IF -- IF WE'RE TALKING RESIDENTIAL
UNITS, IT SOUNDS PRETTY DIFFICULT TO HAVE A HOUSE IN HALF A COUNTY. BUT IT
DOES HAPPEN, I DO KNOW, BUT THAT WOULDN'T BE A RESTRICTION. IT SHOULD
NORMALLY BE IN THE ENTIRETY OF ONE COUNTY.
MR. RA: GIVEN THAT INSTITUTIONAL INVESTORS WILL NOT
BE ABLE TO CLAIM DEPRECIATION DEDUCTIONS, HOW DO WE ANTICIPATE THIS IS
GOING TO INFLUENCE THE MARKET FOR SINGLE- AND TWO-FAMILY RESIDENCES?
MR. PRETLOW: I DON'T KNOW WHAT YOU MEAN BY
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THAT.
MR. RA: WELL, IS THERE A CONCERN THAT THIS MIGHT
DISCOURAGE INVESTMENT IN CERTAIN AREAS?
MR. PRETLOW: I DON'T BELIEVE IT'LL DISCOURAGE
INVESTMENT, BUT WHAT IT WOULD DO IS GIVE THE ORDINARY PERSON -- I HATE
TO USE THAT WORD -- THE OPPORTUNITY FIRST TO PURCHASE A PIECE OF PROPERTY
BEFORE A WELL-HEELED LLC MOVES IN AND TAKES THE PROPERTY OFF THE
MARKET AND TURNS IT INTO RENTAL INCOME, WHICH IN TURN REDUCES THE
AFFORDABILITY OF HOUSING IN WHICHEVER MARKET IT'S TAKING PLACE.
MR. RA: OKAY.
I WANT TO GET INTO THE SEVERAL PROVISIONS RELATED TO THE
MTA. SO THERE'S A COUPLE OF DIFFERENT CHANGES HERE. THERE'S A
INCREASE IN THE PAYROLL MOBILITY TAX, BUT THERE ARE CHANGES WITH REGARD
TO SOME SMALL BUSINESSES AS WELL AS SOME, I DON'T KNOW HOW I WOULD
DESCRIBE IT, BUT TWO -- TWO DIFFERENT ZONES IN TERMS OF THAT DOWNSTATE
MTA REGION.
BUT TO START, CAN YOU TELL ME HOW MUCH WE BELIEVE
THESE CHANGES TO THE MTA PAYROLL TAX IS GOING TO GENERATE FOR THE
MTA.
MR. PRETLOW: I BELIEVE IT WILL BE BETWEEN -- I
HAVE IT HERE SOMEWHERE -- $1.4 BILLION.
MR. RA: ANNUALLY?
MR. PRETLOW: YES.
MR. RA: OKAY. AND CAN YOU JUST BRIEFLY EXPLAIN THE
ZONES AND HOW THERE'S A DIFFERENT TAX RATE DEPENDING ON WHICH OF THE
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TWO ZONES A COUNTY IS IN?
MR. PRETLOW: GIVE ME ONE SECOND. I'M LOOKING
THAT UP.
MR. RA: SURE.
(PAUSE)
MR. PRETLOW: ZONE 1 IS NEW YORK CITY, AND
THAT'S .895 PERCENT. AND ZONE 2 ARE THE SUBURBS, THAT ZONE IS .645
PERCENT.
MR. RA: DO -- DO WE KNOW HOW THAT $1.4 BILLION IN
REVENUE BREAKS OUT BETWEEN THE TWO ZONES? WHAT WOULD BE GENERATED
IN THE -- IN THE ZONE 1 IN NEW YORK CITY AND WHAT WOULD BE GENERATED
FROM THE BUSINESSES IN ZONE 2?
MR. PRETLOW: WELL, I WOULD IMAGINE THE BULK OF
IT WILL BE COMING FROM ZONE 1, NEW YORK CITY. I DON'T KNOW THE EXACT
NUMBERS.
MR. RA: OKAY. I THINK THAT WOULD BE -- I MEAN,
OBVIOUSLY, OVER -- OVER TIME HOPEFULLY THAT IS INFORMATION THAT WE CAN
COMPILE (INDISCERNIBLE/CROSS-TALK) --
MR. PRETLOW: WELL, IF YOU WANT A REAL NUMBER
YOU COULD USE 1.16 BILLION FOR NEW YORK CITY.
MR. RA: I'M SORRY, CAN -- CAN YOU REPEAT THAT?
MR. PRETLOW: 1.16 BILLION FOR NEW YORK CITY,
ZONE 1.
MR. RA: THAT'S NEW YORK CITY. SO THE OTHER ZONE
IS A FEW HUNDRED MILLION?
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MR. PRETLOW: YES.
MR. RA: OKAY. THANK YOU.
AND THEN WE ALSO HAVE METROPOLITAN COMMUTER
DISTRICT SALES TAX CHANGES. UNDER THE CURRENT LAW, REVENUES FROM SALES
TAX COLLECTED WITHIN THE METROPOLITAN COMMUTER TRANSPORTATION
DISTRICT ARE ALLOCATED TO THE METROPOLITAN MASS TRANSIT OPERATING
ASSISTANCE FUND, AND THE MTA HAS DISCRETION ON HOW THAT FUNDING IS
ALLOCATED. THIS BUDGET NOW CODIFIES HOW THE SALES TAX REVENUE THAT IS
DEPOSITED INTO THE FUND WILL BE ALLOCATED, CORRECT?
MR. PRETLOW: YES. YOU'RE REFERRING TO
DISTRIBUTION OF REVENUE FROM THE .375 PERCENT DISTRICT SALES TAXES?
MR. RA: YES.
MR. PRETLOW: OKAY. SO, 85 PERCENT OF THE
REVENUE FROM THE DISTRICT SALES TAX WILL BE SHIFTED TO THE MASS
TRANSPORTATION FUND. OF THIS 15 PERCENT WOULD GO TOWARD THE LONG
ISLAND RAILROAD AND METRO-NORTH COMMUTER RAILS. THE REMAINING 85
PERCENT WOULD BE DIRECTED TOWARD THE NEW YORK TRANSIT AUTHORITY AND
ITS SUBSIDIARIES AND THE STATE [SIC] ISLAND RAPID TRANSIT OPERATING
AUTHORITY.
MR. RA: DO YOU KNOW, THAT 15 PERCENT THAT WE'RE
CODIFYING, IS THIS AN INCREASE, DECREASE, THE SAME IN TERMS OF THE
REVENUE ALLOCATION?
MR. PRETLOW: IT'S -- IT'S NEUTRAL, MR. RA.
MR. RA: SO IT'S THE SAME AS IT WOULD BE CURRENTLY.
MR. PRETLOW: YES.
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MR. RA: OKAY. THANK YOU.
AND THE BONDING CAP WITH REGARD TO THE MTA. THIS
BUDGET'S INCREASING THE MTA'S BONDING CAP BY APPROXIMATELY $25
BILLION TO AN AGGREGATE TOTAL OF ABOUT $115.5 BILLION; IS THAT CORRECT?
MR. PRETLOW: YES. THAT'S CORRECT.
MR. RA: WHEN WAS THE LAST TIME THIS BOND CAP WAS
INCREASED?
MR. PRETLOW: FIVE YEARS AGO.
MR. RA: AND DO WE KNOW WHAT -- WHAT THE INCREASE
WE DID AT THAT POINT WAS?
MR. PRETLOW: FORTY-EIGHT BILLION?
MR. RA: OKAY.
MR. PRETLOW: FORTY BILLION.
MR. RA: DO YOU -- DO YOU KNOW HOW CLOSE THE
MTA IS TO ITS CURRENT BOND CAP?
MR. PRETLOW: I THINK THEY HAVE 25 BILLION AWAY.
THEY HAVE SOME ROOM.
MR. RA: OKAY. SO THEY HAVE 25 BILLION IN ROOM, BUT
WE'RE ALSO INCREASING IT BY 25 BILLION, CORRECT?
MR. PRETLOW: YES.
MR. RA: OKAY. AND THESE BONDS, ARE ANY OF THEM
CONSIDERED TO BE A DEBT OF THE STATE OR THEY'RE ALL THE RESPONSIBILITY OF
THE METROPOLITAN TRANSIT AUTHORITY?
MR. PRETLOW: THEY'RE THE RESPONSIBILITY OF THE
AUTHORITY.
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MR. RA: AND DO WE KNOW -- WE HAD AUTHORIZED THE
MTA TO DO AUTHOR -- DEBT AUTHORIZATIONS AT A 50-YEAR MATURE --
MATURITY. DO WE KNOW IF THE MTA HAS OR PLANS TO DO ANY SUCH
AUTHORIZATIONS?
MR. PRETLOW: THERE ARE NO CURRENT PLANS.
MR. RA: OKAY. SO WE WOULDN'T BE ABLE, THEN, TO
DETERMINE WHAT SAVINGS THAT THAT AUTHORITY IS PROVIDING?
MR. PRETLOW: YES.
MR. RA: ONE OTHER AREA. WE ARE EXTENDING THE
BROWNFIELD TAX CREDIT FOR CERTAIN REMEDIATION AND REDEVELOPMENT SITES,
CORRECT?
MR. PRETLOW: YES.
MR. RA: AND WHEN WAS THAT LAST AMENDED?
MR. PRETLOW: I'M NOT SURE.
MR. RA: OKAY. HOW IS THE STATE CURRENTLY ENSURING
THAT THE BROWNFIELD TAX CREDITS ARE EFFECTIVELY AND EFFICIENTLY APPLIED IN
THE MOST ECONOMICALLY-DISADVANTAGED COMMUNITIES? AND DO WE -- DO
WE KNOW AS WE'RE EXTENDING THIS PROGRAM, YOU KNOW, WHAT RESULTS
WE'RE GETTING FROM THIS? THIS -- IT IS SOME OF THE MOST GENEROUS TAX
CREDITS IN THE COUNTRY.
MR. PRETLOW: WELL, THIS IS A SUPERFUND PROJECT
YOU'RE REFERRING TO. AND YES, THEY ARE IMPORTANT TO DO, AND MY NOTES
DON'T INCLUDE THE -- THE NUMBER THAT YOU'RE LOOKING FOR, BUT I WILL -- I
CAN GET BACK TO YOU ON THAT.
MR. RA: OKAY. THANK YOU.
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NYS ASSEMBLY MAY 8, 2025
THE TAX CREDITS REGARDING FILM AND THEATRICAL TAX
CREDITS, I'LL START WITH PART I, THE FILM TAX CREDIT. WE ARE MAKING
CHANGES TO THE FILM TAX CREDIT IN THIS BILL?
MR. PRETLOW: YES. WE'RE -- WE'RE EXTENDING IT
FOR ANOTHER TWO YEARS, AND WE'RE ALSO INCLUDING MUSIC SCORING AS
ELIGIBLE FOR THE CREDIT.
MR. RA: OKAY. NOW SO IT'S -- AND IT'S AN ADDITIONAL
$100 MILLION.
MR. PRETLOW: YES.
MR. RA: ANNUALLY. AND THE EXTENSION NOW WILL
TAKE THE PROGRAM -- THE PROGRAM THROUGH 2036?
MR. PRETLOW: 2036, YES.
MR. RA: SO CURRENTLY IT WOULD EXPIRE IN 2034?
MR. PRETLOW: YES.
MR. RA: SO IS THERE A REASON WE'RE EXTENDING IT TWO
YEARS WHEN IT DOESN'T EXPIRE FOR ANOTHER NINE YEARS?
MR. PRETLOW: BECAUSE IT PRODUCES MORE CERTAINTY
IN THE PROGRAM.
MR. RA: AND DO YOU -- THIS CHANGE, DO WE KNOW
WHAT ITS FISCAL IMPACT IS IN TERMS OF THE REDUCTION IN STATE REVENUE OVER
THE NEXT COUPLE OF YEARS?
MR. PRETLOW: ABOUT 100 MILLION.
MR. RA: AND THEN THERE'S A -- THE NEW YORK CITY
MUSICAL AND THEATRICAL TAX CREDIT PROGRAM. THAT -- THAT'S ALSO BEING
EXTENDED FOR TWO YEARS?
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MR. PRETLOW: YES.
MR. RA: AND WE'RE ALSO INCREASING THE AGGREGATE
AMOUNT OF THE CREDIT AVAILABLE BY $100 MILLION?
MR. PRETLOW: THAT IS CORRECT.
MR. RA: OKAY.
THE FARM WORKFORCE RETENTION CREDIT. WE HAD -- HAD,
YOU KNOW, DONE THIS A FEW YEARS AGO. I KNOW WE'RE EXTENDING THAT FOR
THREE YEARS.
MR. PRETLOW: YES.
MR. RA: THEN WE'RE ALSO TAKING SOME ACTIONS -- AS
I'M SURE YOU RECALL, WE HAD PASSED A PIECE OF STANDALONE LEGISLATION
DESIGNED TO HELP FARMS WHO UTILIZE PROFESSIONAL EMPLOYER
ORGANIZATIONS TO HANDLE THEIR PAYROLL, AND UNDER CURRENT LAW THEY
WEREN'T ABLE TO FULLY REALIZE THE FULL BENEFIT OF THE CREDIT. SO IS THIS THE
SAME LANGUAGE AS -- AS THE BILL WE HAD PASSED PREVIOUSLY?
MR. PRETLOW: NO. THIS PROPOSAL WOULD ENSURE
FARM OPERATORS THAT USE THIRD-PARTY ENTITIES TO HANDLE PAYROLL THAT -- THAT
MAKE THEM ELIGIBLE FOR THE WORKERS OVERTIME CREDIT.
MR. RA: OKAY. SO THIS WILL ACCOMPLISH THE SAME --
THE SAME GOAL --
MR. PRETLOW: YES.
MR. RA: -- OF THAT PIECE OF LEGISLATION.
MR. PRETLOW: RIGHT.
MR. RA: EXCELLENT.
JUST A COUPLE OF OTHER PROVISIONS. I NOTE THAT THERE ARE
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TWO LOCAL OCCUPANCY TAX AUTHORIZATIONS IN HERE?
MR. PRETLOW: YES.
MR. RA: AS MANY OF US KNOW, YOU KNOW, A LOT OF --
WE HAVE A LOT OF THESE THAT WILL BE ACTING ON, WE HAVE DONE SOME
ALREADY. BUT WE WILL BE DOING THROUGHOUT, YOU KNOW, THE REST OF
SESSION OCCUPANCY TAXES, YOU KNOW, SALES TAX EXTENSIONS. IS THERE A
REASON WHY THERE'S TWO PARTICULAR CITIES THAT ARE BEING DONE NOW IN THE
BUDGET AS OPPOSED TO OUTSIDE OF THE PROCESS?
MR. PRETLOW: WELL, THE CITY OF BUFFALO IS -- IS
GETTING ONE, AS YOU -- AS I KNOW YOU'RE WELL AWARE. THAT WILL GIVE THE
CITY $3.5 MILLION ANNUALLY, AND THE CITY OF AUBURN IS GETTING A TAX
WHICH WILL PRODUCE SIGNIFICANT REVENUE FOR THEM. THE REASON IT'S IN THE
BUDGET IS BECAUSE IT CAME AS PART OF A PACKAGE.
MR. RA: IT CAME AS PART OF A PACKAGE. OKAY. THE --
I KNOW IT'S NOT NECESSARY IN A BUDGET BILL, BUT HAVE THESE PARTICULAR
CITIES ENACTED ANY TYPE OF HOME RULE REQUEST FOR THESE?
MR. PRETLOW: WELL, I KNOW THE CITY OF BUFFALO
PASSED A HOME RULE MESSAGE ON IT.
MR. RA: OKAY. THANK YOU.
HOLD ON. I'M JUST FLIPPING THROUGH TO SEE IF I HAVE
ANYTHING ELSE. I THINK THAT IS IT FOR NOW, MR. PRETLOW. THANK YOU.
MADAM SPEAKER, ON THE BILL.
ACTING SPEAKER WOERNER: ON THE BILL, SIR.
MR. RA: THANK YOU. SO THERE ARE CERTAINLY SOME
POSITIVES TO THIS BILL, BUT WHEN I LOOK AT IT AND I THINK ABOUT THE OVERALL
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PACKAGE OF THIS BUDGET, THAT'S WHAT GIVES ME PAUSE. WE'VE TALKED FOR
YEARS ABOUT OUR STATUS AS A HIGH-TAX STATE AND AS A STATE THAT RANKS VERY
POORLY WHEN IT COMES TO BUSINESSES AND ATTRACTING BUSINESSES. AND WE
HAVE THINGS LIKE A VERY, VERY MODEST INCOME TAX CUT. IT'S NOT REALLY
GONNA MEAN ALL THAT MUCH. THE REBATE CHECKS, WHICH IS A ONE-TIME
GIMMICK, BUT IT'S A $2 BILLION ONE. WE'RE EXTENDING SOME TAXES THAT
WERE TEMPORARY, AND I DO WANT TO NOTE THAT WHEN YOU THINK ABOUT
DOWNSTATE, THE MTA CHANGES ARE -- ARE A CONCERN AS WELL. AGAIN, I'VE
SAID THIS MANY TIMES BEFORE, THE MTA, WE UNDERSTAND HOW IMPORTANT
IT IS TO DOWNSTATE. BUT WE CONTINUE TO INCREASE DIFFERENT TYPES OF TAXES
TO GAIN REVENUE FOR THE MTA AND IT'S SOMETHING WE JUST SEEM TO DO
EVERY FEW YEARS WITHOUT, I THINK, TAKING A MORE HOLISTIC LOOK AT HOW
THE MTA IS RUN, HOW IT SPENDS MONEY. AND I KNOW WHEN MY
CONSTITUENTS READ ABOUT ANOTHER TAX CHANGE THAT'S GONNA PUT ANOTHER
BILLION-PLUS DOLLARS INTO THE MTA'S COFFERS, THEY'RE GONNA BE
CONCERNED.
NOW, I'LL TALK ABOUT QUICKLY THE MILLIONAIRE TAX
INCREASE. WE, AS A STATE, ARE HEAVILY, HEAVILY RELIANT -- AND I KNOW THE
CHAIR HAD GIVEN SOME NUMBERS IN TERMS OF THE NUMBER OF PEOPLE THAT
ARE IN THESE CERTAIN INCOME BRACKETS -- WE ARE EXTREMELY RELIANT ON
THOSE PEOPLE. AND -- AND A LOT OF OUR STRONG RECEIPTS THAT HAVE COME IN
IN TERMS OF -- AND -- AND WHY WE'RE REALLY DOING THINGS LIKE THE -- LIKE
THE REBATE CHECK HAVE BEEN BONUS-BASED, THINGS OF THAT NATURE, AND WE
ARE VERY RELIANT ON THIS SMALL SEGMENT OF OUR INCOME TAX PAYERS. AND
IF EVEN A SMALL NUMBER OF THEM WERE TO LEAVE THE STATE IT CREATES A
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HUGE HOLE FOR US IN -- IN OUR BUDGET.
SO WHILE I APPRECIATE SO MANY OF THE PROVISIONS IN
THIS BILL, WE ARE LOOKING AT AN OVERALL BUDGET THAT SPENDS ALMOST $13
BILLION MORE THAN LAST YEAR. AND IF AFFORDABILITY IS THE NAME OF THE
GAME, I'M NOT SURE THAT WE WILL EVER BE ABLE TO SPEND OUR WAY TO BEING
A MORE AFFORDABLE STATE. SO THAT IS HOW I LOOK AT THIS BUDGET AS A
WHOLE. AND WHEN YOU THINK ABOUT THE REVENUE PROVISIONS, YOU KNOW,
THIS BILL BALANCES OUT IN SOME WAYS, YOU KNOW, IN ONE NUMBER, BUT YOU
HAVE TAXES THAT ARE GOING INTO THINGS LIKE THE MTA AND -- AND ON NET IT
MAY IN MANY WAYS CANCEL ITSELF OUT.
SO I -- I THANK MY COLLEAGUES FOR -- FOR THEIR ADVOCACY
WITH REGARD TO SOME OF THESE ISSUES THAT I SAID HAVE BEEN PRIORITIES OF
OURS LIKE THE CHILD TAX CREDIT. THIS LOOKS VERY SIMILAR TO -- TO SOME
PROVISIONS WE PUT FORTH LAST YEAR. BUT AGAIN, I'M NOT SURE THAT
INCREASING OUR STATE'S SPENDING BY $13 BILLION AND LOOKING AT ANOTHER
BILLION-AND-A-HALF IN OUT-YEAR DEFICITS SO THAT WE'RE ALMOST AT $29
BILLION WHILE WE SIT HERE AND WORRY ABOUT WHAT MIGHT BE COMING FROM
THE FEDERAL GOVERNMENT IS -- IS REALLY GONNA PUT US ON THAT PATH TO
BEING SUSTAINABLE IN THE FUTURE.
THANK YOU.
ACTING SPEAKER HUNTER: MR. SEMPOLINSKI.
MR. SEMPOLINSKI: THANK YOU, MADAM SPEAKER.
I'M GONNA GO DIRECTLY ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL, SIR.
MR. SEMPOLINSKI: SO, I WAS PREPARING TODAY, YOU
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KNOW, GOING OVER THE BILLS THIS MORNING WHICH IS AS EARLY AS WE COULD
PREPARE CONSIDERING HOW -- WHEN THE BILLS CAME OUT. AND IN LOOKING
THROUGH THIS PARTICULAR BILL FOR A COUPLE OF REASONS, ONE SECTION CAUGHT
MY EYE, WHICH IS PART I WHICH EXTENDS AND AMENDS THE FILM TAX CREDIT.
AND THIS CAUGHT MY EYE FOR A COUPLE OF REASONS, JUST BECAUSE OF SOME
NUMBERS. ONE, THIS BILL ESTABLISHES A NEW $100 MILLION EMPIRE STATE
INDEPENDENT FILM PRODUCTION CREDIT. THE ESTIMATES THAT I'VE GOT ARE
ALL OF THE THINGS IN THIS SECTION IN PART I WHICH IS THE EXISTING CREDITS
AND THE NEW CREDITS. AND THE PRODUCTION PLUS INITIATIVE WOULD REDUCE
STATE REVENUES BY APPROXIMATELY $111 MILLION WITH THESE PARTICULAR
CREDITS. AND I WAS RECALLING OUR DEBATE LAST NIGHT ON THE HEALTH AND
MENTAL HYGIENE BILL, AND WE WERE TOLD THAT EACH PERCENTAGE OF THE TII
WOULD COST ABOUT $100 MILLION. AND WE'VE HEARD SOME OF OUR
COLLEAGUES SAY THAT BUDGETING IS ABOUT VALUES. I SAID LAST NIGHT WHEN I
VOTED NO BECAUSE OF THAT, THAT BUDGETING IS ABOUT PRIORITIES. AND I
AGREE, BUDGETING IS ABOUT VALUES AND IT'S ABOUT PRIORITIES. AND WHAT
THIS BILL SAYS IS IT IS A HIGHER VALUE AND A HIGHER PRIORITY FOR THE STATE OF
NEW YORK FOR SOME GOOFBALLS FROM HOLLYWOOD TO MAKE ART FILMS THAN
TO PROTECT AND GIVE MEANINGFUL WAGES TO THOSE WHO CARE FOR THE MOST
VULNERABLE; THE DEVELOPMENTALLY-DISABLED, THOSE WITH MENTAL
CHALLENGES.
SO I WILL BE VOTING NO BECAUSE MY PRIORITY IS OUR MOST
VULNERABLE, NOT MAKING ART FILMS. THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU, MR.
SEMPOLINSKI.
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MR. MAHER.
MR. MAHER: THANK YOU, MADAM SPEAKER. WOULD
THE CHAIR YIELD FOR A COUPLE OF QUESTIONS?
ACTING SPEAKER HUNTER: WILL THE CHAIR
YIELD?
MR. PRETLOW: YES, I WILL.
ACTING SPEAKER HUNTER: THE CHAIR YIELDS.
MR. MAHER: THANK YOU. SO THE FIRST THING THAT I
WANTED TO TALK ABOUT WAS THE REBATE CHECKS. SO JUST TO CONFIRM, THEY
WOULD NOT BE SUBJECT TO FEDERAL PERSONAL INCOME TAX, CORRECT?
MR. PRETLOW: I DON'T BELIEVE SO, YES.
MR. MAHER: SO THEY -- YOU -- YOU WOULD STILL HAVE
TO PLACE IT AS INCOME AND YOU WOULD GET HIT WITH YOUR FEDERAL INCOME
TAX OR NO?
MR. PRETLOW: I DON'T BELIEVE SO. NOT NECESSARILY,
BUT I -- I DIFFER WITH THAT, BUT NOT NECESSARILY.
MR. MAHER: NOT NECESSARILY? OKAY. WELL, LET ME
MOVE ON FROM THAT ONE. THAT WAS JUST ONE QUICK QUESTION I HAD,
ACTUALLY.
I DID WANT TO TOUCH ON THE SEMICONDUCTOR RESEARCH
AND DEVELOPMENT PROGRAM, PART H.
MR. PRETLOW: THE ANSWER TO YOUR FIRST QUESTION
IS YES, YOU DO PAY TAX ON IT.
MR. MAHER: YOU DO PAY FEDERAL INCOME TAX?
MR. PRETLOW: FEDERAL INCOME TAX ON YOUR REFUND
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NYS ASSEMBLY MAY 8, 2025
THAT YOU -- IF -- WHEN WE USED TO BE ABLE TO DEDUCT OUR INCOME TAX, YOU
PAY TAX ON THE REFUND. IT'S THE SAME THING.
MR. MAHER: OKAY. I JUST WANTED TO VERIFY. I
KNOW THE STATE WAS EXEMPT, BUT YOU WOULD HAVE TO PAY WITH THE
FEDERAL ON YOUR PERSONAL. OKAY. ALL RIGHT.
SO PART H, SEMICONDUCTOR RESEARCH AND
DEVELOPMENT PROGRAM. I WANT TO TALK A LITTLE BIT ABOUT THE 15 PERCENT
QUALIFYING EXPENSES. WHAT WOULD SOME OF THOSE BE?
MR. PRETLOW: I DON'T KNOW.
MR. MAHER: OKAY. SO, IS THERE ANY LANGUAGE WITH
THIS INCENTIVE, WHICH I AGREE WITH, WE SHOULD PROVIDE INCENTIVES FOR
THIS TYPE OF BUSINESS. WE WANT THIS TYPE OF RESEARCH BEING DONE. ARE
THERE ANY SORT OF PROVISIONS THAT SAY THE PRODUCTS THAT NEED TO BE
PURCHASED WOULD HAVE TO BE PURCHASED LOCALLY, WITHIN A CERTAIN
ECONOMIC REGION, A COUNTY REGION, OR EVEN IN THE STATE OF NEW YORK?
MR. PRETLOW: NO, THERE AREN'T ANY PROVISIONS FOR
THAT.
MR. MAHER: OKAY. SO WE WOULD BE PUTTING A
PRETTY MASSIVE AMOUNT OF TAXPAYER DOLLARS BUT THERE WOULD NOT BE ANY
SORT OF MANDATE --
MR. PRETLOW: THERE'S NO MANDATE. THERE'S
ALWAYS THE DESIRE THAT THEY UTILIZE, YOU KNOW, PRODUCTS FROM NEW
YORK AND PEOPLE FROM NEW YORK. BUT THERE -- WE'RE NOT MANDATING IT.
MR. MAHER: NO, UNDERSTOOD. JUST -- WE DO A LOT OF
LOCAL LABOR AGREEMENTS. WE WANT TO MAKE SURE THAT WHEN WE PUT
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INCENTIVES OUT THERE THAT WE HIRE LOCAL AND WE PURCHASE LOCAL. SO THERE
WAS NONE OF THAT THAT ENDED UP IN THIS BILL WHEN IT COMES TO THE
SEMICONDUCTOR RESEARCH AND DEVELOPMENT PROGRAM?
MR. PRETLOW: OKAY. SEMICONDUCTOR RESEARCH
AND DEVELOPMENT PROJECTS, THE -- THE ONLY NEW PROJECTS THAT SUPPORT
RESEARCH AND DEVELOPMENT WITHIN THE SEMICONDUCTOR MANUFACTURING
INDUSTRY THAT HAVE AT LEAST $100 MILLION IN QUALIFIED INVESTMENTS IN THE
STATE. SO WE ARE REQUIRING THAT THEY INVEST THIS MONEY IN THE STATE.
MR. MAHER: IN THE STATE OF NEW YORK.
MR. PRETLOW: YES.
MR. MAHER: OKAY. SO THEY WOULD HAVE TO
PURCHASE THE ITEMS IN THAT -- FROM SOME -- A VENDOR IN THE STATE OF NEW
YORK, NOT FROM ANOTHER COUNTRY?
MR. PRETLOW: YES.
MR. MAHER: OKAY. THANK YOU FOR THAT.
THIRD ONE IS ON ORGAN DONATION. THE TAX CREDIT,
10,000, IT WOULD BE FOR REIMBURSEMENT OF EXPENSES, LOST WAGES. IS THAT
ALSO SHARED IN THE HOUSEHOLD? FOR EXAMPLE, IF YOU HAVE SOMEBODY
WHO IS DONATING THEIR -- THEIR ORGAN AND THEY ARE MANDATED TO HAVE
SOMEBODY TAKE CARE OF THEM FOR A PERIOD OF WEEKS AFTER THEIR SURGERY,
WOULD THE SPOUSE WHO IS THEN NOT GONNA BE ABLE TO WORK BECAUSE THEY
HAVE TO STAY HOME WITH THEIR LOVED ONE, WILL THEY BE ABLE TO RECOUP
AND CLAIM FOR THOSE LOST WAGES AS WELL?
MR. PRETLOW: WELL, THIS IS FOR UNRECOUPED
INSURANCE LOSSES. SO IF MONIES WERE SPENT AND INSURANCE PAID PART OF
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NYS ASSEMBLY MAY 8, 2025
IT, THIS MONEY WOULD GO TOWARD WHAT YOU DID NOT RECOUP.
MR. MAHER: UNDERSTOOD. BUT WOULD IT JUST BE --
MR. PRETLOW: SO IF A -- BUT IF A FAMILY MEMBER
WERE QUALIFIED TO RECEIVE SOMETHING THROUGH THE INSURANCE COMPANY
THEN, YES, THEY WOULD BE ABLE TO (INDISCERNIBLE) WITH THIS GRANT.
MR. MAHER: OKAY. THANK YOU FOR THAT.
PART F. I'M GONNA MOVE AROUND, SORRY TO KEEP
JUGGLING. THIS IS GOING TO BE RELATED TO THE REAL ESTATE GROUPS --
MR. PRETLOW: YES.
MR. MAHER: -- PURCHASING PROPERTIES?
MR. PRETLOW: YES.
MR. MAHER: SO ONE CLARIFICATION I WANTED TO
MAKE, THERE ARE THREE BULLET POINTS THAT EXIST; 75 PERCENT OF ELIGIBLE
WAGES -- SORRY, THAT'S THE WRONG ONE. THE WAITING PERIOD AND LIMIT
DEDUCTION ON INSTITUTIONAL REAL ESTATE INVESTORS. SO IT SAYS HERE THAT THE
FOLLOWING CRITERIA MUST BE MET: ENTITY OWNS TEN OR MORE; ENTITY
MANAGES OR RECEIVES FUNDS POOLED; AND ENTITY HAS 30 MILLION OR MORE
IN NET ASSETS. IS THAT ALL OF THEM, ALL THREE THEY HAVE TO HAVE OR IS IT JUST
ANY ONE?
MR. PRETLOW: IT'S ALL THREE.
MR. MAHER: OKAY. THANK YOU. THAT'S A VERY
IMPORTANT DETAIL AND I APPRECIATE YOU ANSWERING THAT QUESTION.
MOVING ON TO THE MTA, PART WW. THIS IS REALLY
CONCERNING FOR -- FOR MYSELF AND THE DISTRICT THAT I REPRESENT WITH
ORANGE COUNTY. SO IT SAYS ON THE BOTTOM HERE, OF THE .375 PERCENT OF
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NYS ASSEMBLY MAY 8, 2025
THE SALES TAX FROM THE COUNTY THAT THEY'RE CURRENTLY RECEIVING. THAT'S
THE SALES TAX THAT THEY PAY RIGHT NOW, CORRECT?
MR. PRETLOW: IT DOESN'T IMPACT THEM.
MR. MAHER: I'M SORRY?
MR. PRETLOW: IT DOES NOT IMPACT THEM.
MR. MAHER: RIGHT. SO THE QUESTION I WOULD ASK IS
THAT .375 PERCENT THEY PAY DOESN'T CHANGE, IT'S THE SAME DOLLAR AMOUNT?
MR. PRETLOW: YES.
MR. MAHER: OKAY. SO WHAT I AM SEEING THERE IS
THAT THERE'S A PERCENT. SO 85 PERCENT OF THAT .375, WHICH IS ABOUT $1
MILLION IN ORANGE COUNTY, 85 PERCENT WILL NOW BE DEDICATED TO MASS
TRANSPORTATION IN NEW YORK CITY AND ONLY 15 PERCENT WILL BE ALLOCATED
TO BOTH THE LONG ISLAND RAILROAD AND METRO-NORTH, WHICH REALLY, WE
DON'T USE THE LONG ISLAND RAILROAD, JUST METRO-NORTH. SO IT'S REALLY 7.5
PERCENT OF THEIR SALES TAXES ONLY BEING USED TO AREAS THAT RESIDENTS IN
ORANGE COUNTY ARE GONNA UTILIZE WITH THE MTA.
MR. PRETLOW: WELL, THAT IS CURRENT LAW.
MR. MAHER: OKAY. SO THAT WAS MY NEXT QUESTION.
SO THE CURRENT PERCENTAGES ARE THE SAME?
MR. PRETLOW: YES.
MR. MAHER: SO THAT DOESN'T CHANGE ANYTHING?
MR. PRETLOW: NO.
MR. MAHER: OKAY. SO WE'RE JUST CODIFYING IN THIS
BUDGET BILL BUT THAT HAS ALWAYS BEEN THE CASE.
MR. PRETLOW: YES.
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NYS ASSEMBLY MAY 8, 2025
MR. MAHER: ALL RIGHT. THANK YOU, MR. PRETLOW. I
APPRECIATE IT.
ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. MAHER: OKAY. SO, SIMILAR TO WHAT MY
COLLEAGUE BROUGHT UP -- AND I DO APPRECIATE THE SPONSOR ANSWERING ALL
OF MY QUESTIONS. HE ACTUALLY HIT ON EVERY SINGLE ONE OF THE CONCERNS
THAT I WAS HOPING NOT TO DEBATE ABOUT.
I DID WANT TO TALK ABOUT PRIORITIES. SO WHEN WE TALK
ABOUT THE REBATE CHECKS, THAT'S ACTUALLY AN AREA WHERE I LOOK AT AN
INVESTMENT THAT THE STATE IS MAKING. FOR ME IT'S -- IT'S SOMETHING THAT
IS TOUGH BECAUSE YOU OBVIOUSLY WANT TO BE ABLE TO PUT DOLLARS IN THE
POCKETS OF HARDWORKING NEW YORKERS. WE BELIEVE IN THAT, IT'S
SOMETHING THAT I BELIEVE IN. I THINK THERE ARE OTHER WAYS TO DO IT. I
THINK ENHANCING REBATES AND ENHANCING TAX INCENTIVES ARE -- ARE BETTER
WAYS TO DO IT. WHEN WE LOOK AT SPENDING $2 BILLION ON A POLICY LIKE
THIS BUT WE CAN'T FIND THAT EXTRA COUPLE HUNDRED MILLION TO HELP OUR
DSPS, THIS IS AGAIN ANOTHER AREA WHERE I DON'T BELIEVE WE'RE
PRIORITIZING THE RIGHT WAY IN A $254 BILLION BUDGET. I THINK WE NEED TO
DO BETTER FOR THOSE THAT ARE OUR FRONTLINE WORKERS. THERE ARE A LOT OF
THINGS THAT I BELIEVE WE COULD BE INVESTING IN, AND THIS IS ONE CLEAR
EXAMPLE OF WHERE I BELIEVE WE HAVE MISSED THE MARK ON TAKING CARE OF
THOSE FOLKS WHO SERVE OUR MOST VULNERABLE POPULATIONS.
THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
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NYS ASSEMBLY MAY 8, 2025
MR. SLATER.
MR. SLATER: THANK YOU, MADAM SPEAKER. WILL
THE SPONSOR YIELD JUST FOR A FEW QUESTIONS ON THE MTA PAYROLL TAX?
ACTING SPEAKER HUNTER: WILL THE CHAIR
YIELD?
MR. PRETLOW: YES.
ACTING SPEAKER HUNTER: THE CHAIRMAN
YIELDS.
MR. SLATER: THANK YOU VERY MUCH, CHAIRMAN. I
APPRECIATE YOUR CONTINUED PATIENCE DURING THIS PROCESS.
I JUST WANTED TO GET MORE CLARIFICATION ON THIS
PARTICULAR ISSUE. SO, WE ARE PROPOSING TO CREATE TWO ZONES WITH THE
MTA PAYROLL TAX, CORRECT?
MR. PRETLOW: YES.
MR. SLATER: AND THE WAY THAT I'M READING THIS,
AND SO JUST CORRECT ME IF I'M WRONG, THE THREE LEVELS OF PAYROLL EXPENSE
THAT WE CURRENTLY TAX, THOSE THREE LEVELS WOULD BE REDUCED IN ZONE 2.
IS THAT AN ACCURATE STATEMENT?
MR. PRETLOW: YOU'RE TALKING ABOUT THE SMALL
BUSINESS TAX REDUCTIONS?
MR. SLATER: I'M TALKING ABOUT THE PAYROLL TAX
AMOUNTS FOR PAYROLL EXPENSES FOR EMPLOYERS WITH EXPENSES BETWEEN
$312,000 AND $500 AND $375,000. THERE'S THREE DIFFERENT LEVELS THAT
WE TAX AT.
MR. PRETLOW: WELL, THE NUMBERS YOU QUOTED ARE
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NYS ASSEMBLY MAY 8, 2025
CORRECT IF ALL -- THAT'S ALSO FOR NEW YORK CITY.
MR. SLATER: YEAH. CORRECT. SO THERE'S -- IT'S ALSO
FOR NEW YORK CITY?
MR. PRETLOW: YES.
MR. SLATER: SO I'M JUST TRYING TO UNDERSTAND
BECAUSE THE -- THE WAY THAT I'M READING IT IS THE RATES REDUCE FOR ZONE
2. I JUST WANT TO MAKE SURE I'M CLEAR ON THAT.
MR. PRETLOW: YES.
MR. SLATER: OKAY.
MR. PRETLOW: THE RATES ARE REDUCED FOR ZONE 2.
MR. SLATER: SO WE'RE -- AND THEN YOU SAID EARLIER
TO MY COLLEAGUE THAT YOU'RE EXPECTING APPROXIMATELY, I BELIEVE IT WAS
1.1 BILLION OUT OF ZONE 1.
MR. PRETLOW: YES.
MR. SLATER: LEAVING A COUPLE OF HUNDRED OUT OF
ZONE 2.
MR. PRETLOW: YES.
MR. SLATER: DO WE KNOW HOW MUCH WE CURRENTLY
GENERATE THROUGH THE MTA PAYROLL TAX IN THOSE ZONE 2 COUNTIES?
MR. PRETLOW: I CAN GET THAT INFORMATION FOR YOU.
(CONFERENCING)
EIGHTY-FIVE PERCENT COMES FROM NEW YORK CITY.
MR. SLATER: UNDERSTOOD. BUT I GUESS WHAT I'M
TRYING TO GET AT, IF YOU CAN -- WHILE YOU'RE TRYING TO GET THAT INFORMATION
IS, ARE THERE ZONES (INDISCERNIBLE/CROSS-TALK) --
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NYS ASSEMBLY MAY 8, 2025
MR. PRETLOW: (INDISCERNIBLE/CROSS-TALK) MILLION,
85 PERCENT'S FROM NEW YORK CITY. SO JUST DO THE MATH.
MR. SLATER: HOLD ON, I'M GETTING MY CALCULATOR
OUT. IT'S RIGHT NEXT TO ME.
(LAUGHTER)
MR. PRETLOW: HE'S WORKING HARD.
MR. SLATER: IT'S A LOT OF ZEROS.
(LAUGHTER)
MR. PRETLOW: I'LL HELP YOU OUT. IT'S 200 -- IT'S
$2.84 BILLION, AND ZONE 2 IS PAYING 458 MILLION OUT OF THAT.
MR. SLATER: OKAY. GREAT. AND SO WE'RE -- I GUESS
MY QUESTION IS ARE WE EXPECTING TO SEE MORE OUT OF ZONE 2 OR LESS OUT
OF ZONE 2?
MR. PRETLOW: WELL, MORE FROM BOTH, BUT MORE
FROM THE -- YES, WE -- YES, MORE FROM NEW YORK CITY.
MR. SLATER: MORE FROM NEW YORK CITY, BUT I -- I
JUST WANT TO FOCUS IN ON ZONE 2 --
MR. PRETLOW: OKAY.
MR. SLATER: -- BECAUSE THAT'S -- THAT'S WHERE I
REPRESENT.
MR. PRETLOW: YES. WE WILL -- WE'RE EXPECTING TO
SEE MORE FROM ZONE 2.
MR. SLATER: AND THEN -- SO BUT IF YOU'RE REDUCING
THOSE RATES IN ZONE 2, WHERE ARE YOU -- HOW ARE YOU GENERATING MORE?
MR. PRETLOW: WELL, THE INCOME LEVEL GOES UP AND
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NYS ASSEMBLY MAY 8, 2025
THE PERCENTAGE STAYS THE SAME, THE NET RECEIPT IS HIGHER.
MR. SLATER: FOR THE MTA PAYROLL TAX?
MR. PRETLOW: OKAY. THERE'S A NEW BRACKET FOR
BUSINESSES WITH ANNUAL EXPENSES OF AT LEAST $10 MILLION, AND THE
INCREASE THE CURRENT PAYROLL MOBILITY TAX RATE ON SUCH BUSINESSES FROM
.6 PERCENT TO .895 PERCENT FOR BUSINESSES LOCATED IN NEW YORK CITY,
AND FROM .34 PERCENT TO .635 PERCENT FOR BUSINESSES LOCATED OUTSIDE OF
NEW YORK CITY.
MR. SLATER: AND SO IT'S GONNA BE THOSE LARGER
EMPLOYERS THAT WE'RE GONNA BE GENERATING MORE MONEY FROM?
MR. PRETLOW: YES.
MR. SLATER: AND DO WE HAVE ANY SENSE AS TO HOW
MANY EMPLOYERS THAT MIGHT BE?
MR. PRETLOW: I'M LOOKING AT 7,372 EMPLOYERS.
MR. SLATER: EMPLOYEES OR EMPLOYERS?
MR. PRETLOW: EMPLOYERS.
MR. SLATER: EMPLOYERS. OKAY. SO WE'RE GONNA
SEE AN INCREASE ON THOSE 7,000 AND CHANGE --
MR. PRETLOW: YOUR QUESTION WAS HOW MANY
BUSINESSES WERE CREATING THIS INCREASE, CORRECT?
MR. SLATER: CORRECT.
MR. PRETLOW: SO OKAY. SO THAT'S THE ANSWER,
7,372 OR 1.8 PERCENT OF BUSINESSES IN THE REGION WILL RECEIVE AN
INCREASE.
MR. SLATER: SO OTHER THAN THOSE 7,000, EVERYONE
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NYS ASSEMBLY MAY 8, 2025
ELSE WILL SEE A REDUCTION IN THEIR PAYROLL TAX ASSESSMENT?
MR. PRETLOW: YES.
MR. SLATER: AND IF YOU'RE A MUNICIPALITY, MY
UNDERSTANDING IS THERE WILL BE AN ELIMINATION OF THE MTA PAYROLL TAX;
IS THAT ACCURATE?
MR. PRETLOW: FOR OUTSIDE OF NEW YORK CITY. SO
YOU'RE TALKING ZONE 2, SO YES.
MR. SLATER: ALL I CARE ABOUT IS ZONE 2.
MR. PRETLOW: BUT HALF OF THE STATE IS IN ZONE 1.
MR. SLATER: I UNDERSTAND, BUT I REPRESENT ZONE 2.
(LAUGHTER)
SO ZONE 2 MUNICIPALITIES WILL NO LONGER PAY THE MTA
PAYROLL TAX; IS THAT ACCURATE?
MR. PRETLOW: YES.
MR. SLATER: OKAY. AND THEN FOR EMPLOYERS IN
BOTH ZONES WITH QUARTERLY PAYROLL EXPENSES OF LESS THAN 320,000, WE'RE
ELIMINATING THE PAYROLL TAX FOR THEM AS WELL?
MR. PRETLOW: THEY'RE NOT PAYING NOW, I BELIEVE.
MR. SLATER: THEY'RE -- THEY'RE NOT PAYING NOW AND
WILL NOT HAVE TO PAY MOVING FORWARD.
MR. PRETLOW: CORRECT.
MR. SLATER: OKAY. ALL RIGHT. WELL, THANK YOU,
MR. CHAIRMAN. I HOPE YOU GET SOME DINNER. I APPRECIATE IT.
THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
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NYS ASSEMBLY MAY 8, 2025
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER HUNTER: A PARTY VOTE HAS
BEEN REQUESTED.
MR. GANDOLFO.
MR. GANDOLFO: THANK YOU, MADAM SPEAKER.
THE MINORITY CONFERENCE WILL BE IN THE NEGATIVE GENERALLY ON THIS
BUDGET BILL, BUT ANYONE WHO WOULD LIKE TO VOTE IN THE AFFIRMATIVE IS
FREE TO DO SO AT THEIR DESK.
ACTING SPEAKER HUNTER: THANK YOU.
MS. HYNDMAN.
MS. HYNDMAN: MADAM SPEAKER, THE MAJORITY
WILL BE IN THE AFFIRMATIVE ON THIS BUDGET VOTE. ANY MEMBER WISHING TO
VOTE NEGATIVE -- NEGATIVELY MUST COME TO THE CHAMBER AND DO SO.
THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MS. GLICK TO EXPLAIN HER VOTE.
MS. GLICK: THANK YOU, MS. [SIC] SPEAKER. JUST A
COUPLE OF ITEMS.
I'M VERY PLEASED TO SEE THAT WE ARE TRYING TO EVEN OUT
THE ATTEMPT OF HOMEBUYERS BY RESTRICTING PRIVATE EQUITY FROM BUYING
UP HOMES IN ADVANCE OF OTHER PEOPLE GETTING A SHOT AT GETTING A NEW
HOME. WE -- WE HAVE SEEN A CONSOLIDATION, A DISTORTION OF THE MARKET
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NYS ASSEMBLY MAY 8, 2025
BY PRIVATE EQUITY FIRMS THAT BUY UP HOUSES AND THEN RENT THEM. AND
PEOPLE WANT TO GET THEIR OWN HOME. THEY DON'T WANT TO BE SUBJECT TO A
LANDLORD, AND THIS HAS MADE IT DIFFICULT FOR YOUNG FAMILIES THAT REALLY
WANT TO STRIKE OUT ON THEIR OWN. AND I -- SO I'M VERY HAPPY ABOUT THAT.
AND I THINK THAT, YOU KNOW, THE MTA IS THE LIFEBLOOD
OF THE CITY AND THE CITY GENERATES THE MAJORITY OF OUR TAX REVENUE, AND
SO I'M PLEASED THAT WE'RE TAKING THE BURDEN OFF OF SMALL BUSINESSES BUT
PUTTING IT WHERE IT BELONGS ON BIG BUSINESSES THAT DEPEND ON A LOT OF
PEOPLE GETTING TO WORK ON TIME. AND THE NEW YORK CITY PARTNERSHIP,
WHICH SPEAKS FOR NEW YORK -- FOR MAJOR EMPLOYERS, HAS HAD A, YOU
KNOW, A LOT TO SAY ABOUT THE MTA, AND SO THEY HAVE BEEN SUPPORTIVE
OF THESE CHANGES BECAUSE WE NEED TO ENSURE THAT WE KEEP THAT SYSTEM
WORKING. AND THAT SYSTEM ALSO BUYS A LOT OF ITS PRODUCTS THAT ARE MADE
IN NEW YORK. SO I AM THRILLED TO SEE THAT.
AND WHILE I'M NOT SURE WE NEEDED TO MOVE QUICKLY
ON THE FILM TAX CREDIT, IT IS AN IMPORTANT FEATURE. IT DOESN'T JUST PROVIDE
STUFF TO THE FILM INDUSTRY --
ACTING SPEAKER HUNTER: THANK YOU, MS.
GLICK. HOW DO YOU VOTE?
MS. GLICK: -- IT ALSO -- THEY BUY STUFF FROM SMALL
BUSINESSES IN MY DISTRICT.
I AM PLEASED TO VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER HUNTER: THANK YOU, MA'AM.
MS. GLICK VOTING IN THE AFFIRMATIVE.
MS. WOERNER TO EXPLAIN HER VOTE.
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NYS ASSEMBLY MAY 8, 2025
MS. WOERNER: THANK YOU, MADAM SPEAKER, FOR
ALLOWING ME THE OPPORTUNITY TO EXPLAIN MY VOTE. I JUST WANT TO
HIGHLIGHT A COUPLE OF THINGS THAT HAVE NOT BEEN -- HAVE NOT BEEN RAISED
IN THE CONVERSATION SO FAR.
THE FIRST IS THE EXPANSION OF THE HISTORIC PRESERVATION
TAX CREDIT TO INCLUDE TRANSFERABILITY WHEN SOMEONE IS TAKING ONE OF
THOSE BIG OLD ABANDONED BUILDINGS AND CONVERTING IT INTO AFFORDABLE
HOUSING. I THINK THIS IS A -- THE GREENEST BUILDING OUT THERE IS THE ONE
THAT'S ALREADY IN EXISTENCE. SO -- SO ENCOURAGING MORE REHABILITATION OF
THE ABANDONED BUILDINGS THAT -- THAT ARE IN ALL OF OUR UPSTATE CITIES, THE
OLD MILL BUILDINGS AND SO FORTH, THIS TRANSFERABILITY IS GOING TO REALLY
HELP MAKE THOSE PROJECTS MORE ATTAINABLE FOR OUR CITIES.
I ALSO WANT TO SPEAK TO ONE OF THE -- ONE OF THE ASPECTS
OF THE GAMING AND RACING CHANGES THAT WERE IN THE REVENUE BUDGET, ONE
OF WHICH PUTS MORE MONEY INTO PROBLEM GAMING. THIS IS -- THIS IS A
PRIORITY THAT -- THAT HAS BEEN RAISED TO ME AS THE CHAIR OF RACING AND
WAGERING, AND I'M VERY PLEASED THAT -- THAT WE ARE ADDING ADDITIONAL
MONIES INTO PROBLEM GAMING AND ENCOURAGING OASAS TO MAKE
INVESTMENTS TO TRY AND MITIGATE THE IMPACTS THAT EXPANDED GAMING HAS
HAD.
FIXING THE FARM WORKER OVERTIME CREDIT, SOMEONE
MENTIONED THAT EARLIER, VERY IMPORTANT TO THE DAIRY FARMERS IN MY
REGION AND SO I AM VERY GRATEFUL THAT THAT IS REFLECTED IN THIS BUDGET.
AND THEN NOT IN THIS BUDGET, BUT IN THE -- OR NOT IN THIS
BILL BUT IN THE BUDGET GENERALLY, I JUST WANT TO SAY THANK YOU TO THE
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NYS ASSEMBLY MAY 8, 2025
ASSEMBLY LEADERSHIP, TO THE SPEAKER AND TO WAYS AND MEANS, FOR
REALLY -- REALLY LEANING INTO -- AND TO OUR CHAIR OF THE LABOR COMMITTEE
-- REALLY LEANING INTO PAYING OFF THE UI DEBT. THERE -- THIS WILL HELP
BUSINESSES HIRE MORE PEOPLE, PAY BETTER, AND IT IS A -- IT IS A REALLY
POSITIVE STEP FORWARD FOR US.
AND WITH THAT, I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER HUNTER: THANK YOU. MS.
WOERNER IN THE AFFIRMATIVE.
MR. RA TO EXPLAIN HIS VOTE.
MR. RA: THANK YOU. REAL QUICKLY FOR MY COLLEAGUE
WHO SITS NEXT TO ME BUT ISN'T HERE WITH US IN -- IN THE CHAMBER TODAY,
HE -- HE HAS A SAYING THAT HE'S BEEN SAYING FOR YEARS WHEN WE TALK
ABOUT THE -- THE HOLLYWOOD TAX CREDITS WHICH WE'RE INCREASING AND
EXTENDING AGAIN IN THIS BUDGET BILL. AND WE HAVE ENTITIES LIKE
SATURDAY NIGHT LIV E WHO HAVE BEEN IN NEW YORK FOR 50 YEARS AND ARE
TAKING ADVANTAGE OF GETTING MILLIONS OF DOLLARS FROM THE NEW YORK
STATE TAXPAYERS FOR THEIR PRODUCTIONS. SO IN TRIBUTE TO MR. PALMESANO,
AT THE BEGINNING OF THE SHOW THEY SAY, "LIVE FROM NEW YORK", NOT
"LIVE FROM SASKATCHEWAN."
THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
MR. SANTABARBARA TO EXPLAIN HIS VOTE.
MR. SANTABARBARA: THANK YOU, MADAM
SPEAKER. IN EXPLAINING MY VOTE, I RISE TO SUPPORT THE CONTINUATION AND
EXPANSION OF THE NEW YORK DISABILITY EMPLOYMENT TAX CREDIT. THIS
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NYS ASSEMBLY MAY 8, 2025
IS A PROGRAM THAT SUPPORTS INCLUSIVE HIRING AND CREATES REAL
OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES.
JUST EARLIER TODAY WE TALKED ABOUT OUR LEGISLATIVE
DISABILITY [SIC] AWARENESS DAY, AND I SPOKE ABOUT THE IMPORTANCE OF
MOVING BEYOND SYMBOLIC GESTURES AND TOWARDS REAL STRUCTURAL CHANGE.
THIS TAX CREDIT IS ONE OF THOSE CHANGES. IT HELPS EMPLOYERS DO WHAT'S
RIGHT, NOT BY MANDATE, BUT BY PROVIDING MEANINGFUL SUPPORT TO OUR
EMPLOYERS TO HIRE INDIVIDUALS WITH DISABILITIES, RECOGNIZING THEIR
CONTRIBUTIONS AND TO PROMOTE LONG-TERM EMPLOYMENT SUCCESS. THESE
PROGRAMS MAKE A -- MAKE A REAL DIFFERENCE IN PEOPLE'S LIVES. THEY
REFLECT A GLOWING -- A GROWING UNDERSTANDING THAT INCLUSION IN THE
WORKFORCE IS ESSENTIAL, NOT OPTIONAL, AND THAT INDIVIDUALS WITH
DISABILITIES DESERVE ACCESS TO THE SAME ECONOMIC OPPORTUNITIES AS
EVERYONE ELSE -- AS EVERYONE ELSE HAS.
AS CHAIR OF THE ASSEMBLY'S COMMITTEE ON PEOPLE
WITH DISABILITIES, I'M PROUD TO SUPPORT THIS MEASURE IN THIS BUDGET BILL
AND I'M PLEASED TO VOTE IN THE AFFIRMATIVE.
THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: MR. SANTABARBARA IN
THE AFFIRMATIVE.
MRS. PEOPLES-STOKES TO EXPLAIN HER VOTE.
MRS. PEOPLES-STOKES: THANK YOU, MADAM
SPEAKER, FOR THE OPPORTUNITY TO EXPLAIN MY VOTE. I WANT TO SAY THAT
THERE ARE A COUPLE OF THINGS ABOUT THIS REVENUE BILL THAT ARE VERY
HELPFUL TO THE COMMUNITY THAT I KNOW AND LOVE. ONE OF THEM IS, QUITE
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NYS ASSEMBLY MAY 8, 2025
FRANKLY, THE TAX THAT HELPS PEOPLE DECIDE TO MAKE MOVIES IN OUR AREA.
THIS TAX HELPED HALLMARK DECIDE TO BUILD A WHOLE COMPLETE STUDIO IN
WESTERN NEW YORK, AND NOW, AS YOU MAY KNOW, THEIR MARKET IS REALLY
GROWING. THERE USED TO BE ONE HALLMARK CHANNEL, NOW THERE'S ABOUT
THREE. YOU COULD SEE A MOVIE ABOUT EVERY HOLIDAY, EVERY SEASON THAT
COMES UP, THAT IS MADE BY HALLMARK, AND SOME OF THEM ARE, QUITE
FRANKLY, LIVE FROM BUFFALO. SO I AM GRATEFUL TO SEE THAT RESTORED.
I'M ALSO REALLY HAPPY ABOUT THE BROWNFIELDS TAX. WE
LIVE IN ONE OF THE OLDEST COMMUNITIES IN THE STATE OF NEW YORK, AND
THE CONDITION OF THE PROPERTIES AND WHAT'S BEEN LEFT BY THE OLD
INDUSTRIAL ERA THAT WE LIVED THROUGH NEEDS TO BE DEALT WITH IN ORDER FOR
IT TO BE REDEVELOPED. AND SO THIS HELPS A LOT OF DEVELOPERS DECIDE TO
MOVE INTO COMMUNITIES THAT THEY HAVE PREVIOUSLY DECIDED THEY WEREN'T
GOING TO DEVELOP IN.
AND LASTLY, I WILL SAY THAT I THINK THE WHOLE IDEA OF
STOPPING PRIVATE EQUITY FIRMS FROM BUYING PROPERTY, LEAVING IT VACANT
FOR DECADES, SOMETIMES IN BLIGHTED CONDITIONS, OR SOMETIMES PREPARING
IT FOR HOUSING AND OVERCHARGING PEOPLE TO LIVE THERE IS SOMETHING THAT
NEEDS TO BE STOPPED. AND SO I'M REALLY GRATEFUL THAT THE SPEAKER AND
THE HOUSING TEAM CAME TOGETHER AND PUT THIS IN THIS BUDGET, AND I'M
VERY GRATEFUL TO HAVE THE OPPORTUNITY TO VOTE FOR IT.
ACTING SPEAKER HUNTER: MRS. PEOPLES-
STOKES IN THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? THE CLERK WILL ANNOUNCE
THE RESULTS.
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NYS ASSEMBLY MAY 8, 2025
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 3, RULES REPORT NO. 182, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A03004-D, RULES
REPORT NO. 182, BUDGET BILL. AN ACT MAKING APPROPRIATIONS FOR THE
SUPPORT OF GOVERNMENT. CAPITAL PROJECTS BUDGET.
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, MADAM SPEAKER. TODAY AS
THE ASSEMBLY IS CONSIDERING PASSAGE OF THE CAPITAL PROJECTS BILL,
REPRESENTING ANOTHER STEP CLOSER IN COMPLETING OUR WORK ON THE STATE
BUDGET. THE CAPITAL PROJECTS BILL APPROPRIATES $30.5 BILLION FOR STATE
FISCAL YEAR '25-'26 WHILE AUTHORIZING DISBURSEMENTS OF UP TO $19.3
BILLION ON AN ALL-FUNDS BASIS FOR CAPITAL PROJECTS.
THE CAPITAL PROJECTS BILL MAKES CRITICAL INVESTMENTS
IN TRANSPORTATION, HEALTH, EDUCATION, ECONOMIC DEVELOPMENT, PUBLIC
PROTECTION, SOCIAL WELFARE, HOUSING AND OTHER VITAL AREAS.
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NYS ASSEMBLY MAY 8, 2025
TRANSPORTATION AND ECONOMIC -- TRANS -- I'M SORRY, TRANSPORTATION AND
ECONOMIC DEVELOPMENT CAPITAL OBLIGATIONS ACCOUNT FOR $12.3 BILLION OR
40.4 PERCENT OF THE TOTAL SPENDING IN STATE FISCAL YEAR '25-'26. CAPITAL
SPENDING OVER THE NEXT FIVE YEARS IS EXPECTED TO AVERAGE $20.3 BILLION
A YEAR.
AND WITH THAT, MADAM SPEAKER, I WOULD LIKE TO
ENCOURAGE OUR COLLEAGUES TO SUPPORT THIS MOST IMPORTANT BILL. THANK
YOU.
ACTING SPEAKER HUNTER: 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: THANK YOU. OKAY. SO YOU GAVE ME THE
APPROPRIATION, 30.5-. THE FISCAL IMPACT IS UP TO 19.3 BILLION?
MR. PRETLOW: CORRECT.
MR. RA: HOW MUCH IN NEW DEBT ISSUANCE DOES THIS
BILL AUTHORIZE?
MR. PRETLOW: NEW DEBT COMES TO 8.9 BILLION.
MR. RA: I'M SORRY?
MR. PRETLOW: 8.9 BILLION.
MR. RA: 8.9 BILLION. THANK YOU.
CAN YOU IDENTIFY FOR US ANY APPROPRIATIONS OR
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PROGRAMS IN THIS BILL THAT ARE DISCRETIONARY FUNDS THAT DON'T HAVE A SET
RECIPIENT OR AREN'T DISTRIBUTED BY A FORMULA? FUNDS THAT MAY BE JUST AT
THE DISCRETION OF THE MAJORITIES OR THE GOVERNOR TO DISTRIBUTE?
(CONFERENCING)
MR. PRETLOW: OKAY, YOU'RE REFERRING TO THE
PROJECTS OR PROGRAMS, I GUESS, LIKE THE CREST PROGRAM. I HAVE A LIST
OF ALL OF THE DISCRETIONARY ENTITIES THAT ARE RECEIVING FUNDS FROM
CREST, AND IF YOU WOULD LIKE I WILL READ THEM TO YOU.
MR. RA: WELL, I'M -- I'M NOT TALKING ABOUT --
MR. PRETLOW: NASSAU COUNTY IS GETTING $50,000
FOR THE COUNTY, INCORPORATED VILLAGE OF GARDEN CITY IS GETTING
$50,000, AND THEN --
MR. RA: THAT IS NOT WHAT I'M -- THAT'S NOT WHAT I'M
ASKING. THOSE ARE -- THOSE ARE ALREADY --
MR. PRETLOW: THESE ARE CREST FUNDS THAT ARE AT
THE DISCRETION OF INDIVIDUAL MEMBERS. WE'RE GIVING ALLOCATIONS AND
THEN --
MR. RA: YES. I'M -- I'M ASKING -- BUT THOSE -- THOSE,
WE -- WE HAVE A PROCESS THAT WE GO THROUGH. I'M TALKING ABOUT POTS
THAT WE -- THAT WE DON'T -- THAT ARE AT THE FULL DISCRETION OF -- OF THE
MAJORITIES OR THE GOVERNOR.
MR. PRETLOW: I'M NOT AWARE OF ANYTHING.
MR. RA: OKAY. THANK YOU.
SO THIS, I BELIEVE, IS THE FIRST BILL THAT WE SEE
WITHHOLDING LANGUAGE OR CONTINGENCY LANGUAGE WITH REGARD TO THE
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DIRECTOR OF THE BUDGET. SO CAN YOU JUST DETAIL WHAT POWERS WE'RE
GIVING THE DIRECTOR OF THE BUDGET?
(CONFERENCING)
MR. PRETLOW: WE'RE GIVING THE DIRECTOR OF THE
BUDGET THE ABILITY TO LOOK AT ITEMS THAT WHERE IF THERE'S A DEFICIT OR
THERE SEEMS TO BE GOING TOWARD A DEFICIT, TO MAKE ANY ADJUSTMENTS IF
THEY HAVE TO BE MADE.
MR. RA: OKAY. AND ARE -- ARE THERE -- ARE THERE ANY
PAYMENTS THAT WE ARE ALLOCATING OR APPROPRIATING IN THIS BUDGET THAT ARE
EXEMPT FROM THIS AUTHORITY, OR COULD IT BE ANYTHING THAT'S IN THIS BILL?
(CONFERENCING)
MR. PRETLOW: OKAY, ANYTHING FEDERALLY ALLOWED,
SUCH AS SOCIAL -- LIKE SOCIAL SECURITY.
MR. RA: AND THE NUMBER IS AN IMBALANCE OF $2
BILLION OR MORE THAT WOULD TRIGGER THIS, CORRECT?
MR. PRETLOW: YES.
MR. RA: DO WE KNOW WHY 2 BILLION? WHY NOT 1
BILLION, 3 BILLION?
MR. PRETLOW: I DON'T KNOW IF THERE'S ANY
PARTICULAR REASON WHY WE PICKED 2 BILLION. IT'S A ROUND NUMBER.
MR. RA: OKAY. SO WHAT HAPPENS IF THERE'S A
STRUCTURAL IMBALANCE OF $1.5 BILLION?
MR. PRETLOW: THEN THE -- THE BUDGET DIRECTOR
[SIC] HAS THE ABILITY TO (INDISCERNIBLE) UP -- LIKE WE SAID, UP TO $2
BILLION, SO 1.5 BILLION IS UP TO 2-.
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NYS ASSEMBLY MAY 8, 2025
MR. RA: OKAY. IS -- AND IS THERE A CHECK FROM THE
LEGISLATURE WITH REGARD TO IF THE -- IF THE BUDGET DIRECTOR [SIC], SAY,
CUTS A PROGRAM THAT THE LEGISLATURE LIKES THAT MAYBE THE GOVERNOR
DOESN'T LIKE AS -- AS MUCH. WHAT IS -- WHAT IS THE RECOURSE FOR THE
LEGISLATURE?
MR. PRETLOW: WE HAVE TEN DAYS TO AGREE OR
DISAGREE WITH THE -- WITH THE PROPOSED CUTS.
MR. RA: OKAY. AND DO WE JUST SAY WE DISAGREE
WITH IT OR IS THE REQUIREMENT THAT, I BELIEVE, IT WOULD BE VIA A
CONCURRENT RESOLUTION?
MR. PRETLOW: YES.
MR. RA: SO WOULD -- DOES THAT RESOLUTION HAVE TO
FIND A SIMILAR CUT WITH THE SAME FISCAL IMPACT?
MR. PRETLOW: YES.
MR. RA: OKAY. THANK YOU. AND THAT WOULD ALL --
THAT WOULD HAVE TO BE DONE AT ONE TIME, CORRECT?
MR. PRETLOW: YES.
MR. RA: WE WOULD HAVE TO REJECT AND -- AND COME
UP WITH OUR ALTERNATIVE PLAN.
MR. PRETLOW: THAT IS CORRECT.
MR. RA: DO YOU KNOW, IN PARTICULAR, YOU KNOW,
WITH REGARD -- I -- I UNDERSTAND ESPECIALLY IN SOME OF THE OTHER AREAS
AND POTS OF MONEY, BUT DO WE HAVE ANYTHING THAT WE'RE PARTICULARLY
CONCERNED OF THAT WOULD BE IN CAPITAL THAT WE WOULD HAVE AN
IMBALANCE COMING?
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NYS ASSEMBLY MAY 8, 2025
MR. PRETLOW: NOT AT THIS TIME.
MR. RA: OKAY. THANK YOU.
SOME OF OUR CAPITAL APPROPRIATIONS WITH REGARD TO
ECONOMIC DEVELOPMENT. THIS BUDGET INCLUDES, I BELIEVE, $90 MILLION
TO SUPPORT EMPIRE AI?
MR. PRETLOW: YES.
MR. RA: SO THIS IS AN ADDITIONAL FROM THE $250
MILLION FROM LAST YEAR, CORRECT?
MR. PRETLOW: THAT IS CORRECT.
MR. RA: DO WE KNOW HOW MUCH OF THE $250
MILLION ALLOCATED LAST YEAR HAS BEEN SPENT TO DATE?
MR. PRETLOW: NO.
MR. RA: AND DO WE KNOW IF THERE'S A SPECIFIC
PURPOSE TO THE ADDITIONAL -- TO THIS ADDITIONAL FUNDING? IS IT BRINGING
MORE INSTITUTIONS INTO THE PROGRAM?
MR. PRETLOW: YES, WE'RE TRYING TO BRING MORE
INSTITUTIONS INTO THE PROGRAM.
MR. RA: FAST NY AND POWER UP. THE BUDGET
INCLUDES THE $100 MILLION FOR THE GOVERNOR'S FOCUSED ATTRACTION OF
SHOVEL-READY TRACKS OR FAST NY PROGRAM, AND ANOTHER $100 MILLION
FOR A NEW PROMOTE OPPORTUNITY WITH ELECTRIC READINESS UNDERGROUND
PROPERTIES FUND, THE POWER UP FUND. CAN YOU JUST TELL US WHAT THE
DIFFERENCE BETWEEN THESE TWO TYPES OF PROGRAMS ARE IN TERMS OF WHAT
WOULD BE ELIGIBLE FOR THESE FUNDS?
MR. PRETLOW: WELL, THE PURPOSE IS TO GET SITES
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INTO THE POWER CAPACITY.
MR. RA: OKAY. IS -- WOULD THE SAME TYPES OF
PROJECTS, THOUGH, BE -- BE ELIGIBLE FOR EITHER OF THESE?
MR. PRETLOW: YEAH, I BELIEVE SO.
MR. RA: OKAY. AND DO WE HAVE ANY SENSE OF HOW
MANY SHOVEL-READY SITES WE HAVE AROUND THE STATE THAT MIGHT BE ABLE
TO GET THIS FUNDING QUICKLY?
MR. PRETLOW: I'M NOT -- I'M NOT AWARE OF THAT
NUMBER.
MR. RA: OKAY. DO WE HAVE A SENSE OF HOW THESE
SITES FOR FAST NY FUNDING WILL BE CHOSEN IN TERMS OF DISTRIBUTION
AROUND THE STATE? IS IT REGIONALIZED?
MR. PRETLOW: I BELIEVE THAT WOULD COME UNDER
THE DIRECTION OF UDC.
MR. RA: DEC?
MR. PRETLOW: UDC.
MR. RA: UDC. I'M SORRY. OKAY. AND DO -- DO YOU
KNOW WHAT THE TIMELINE IS FOR DEPLOYING THE POWER UP FUNDS? IS IT
-- IN THE SHORT TERM, IS THIS -- IS THIS A LONG-TERM INITIATIVE?
MR. PRETLOW: IT'S -- IT'S LONG-TERM, BUT I'M NOT
SURE ABOUT WHEN THE -- WHEN THE DURATION ENDS.
MR. RA: OKAY. AND THEN THERE'S A POT OF MONEY
THAT SAYS IT'S FOR THE FEE FOR WORLD CUP. I KNOW THAT THE ACTUAL GAMES
ARE BEING STAGED IN NEW JERSEY, BUT NEW YORK AND NEW JERSEY I GUESS
ARE A JOINT HOST COMMUNITY. WE HAVE A $20 MILLION PROPOSAL. DO WE
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KNOW WHAT SPECIFICALLY THESE FUNDS ARE BEING USED FOR?
MR. PRETLOW: NO.
MR. RA: OKAY. IS -- IS THE ASSUMPTION THAT THEY WILL
BE USED SOLELY IN NEW YORK STATE?
MR. PRETLOW: I WOULD IMAGINE SO, YES. WE
WOULDN'T BE SPENDING MONEY IN NEW JERSEY.
MR. RA: OKAY. EVEN THOUGH I LIKE THE FOOTBALL TEAM
THAT PLAYS THERE, I DON'T LIKE GOING THERE EITHER, SO...
(LAUGHTER)
THE BILLS FANS ARE BOOING ME.
OKAY. AND -- AND I WANT TO GO INTO A COUPLE OF OTHER
PIECES IN THE EDUCATION REALM. SO WE HAVE -- IN LIBRARY CONSTRUCTION
AID, WHERE DID WE LAND IN THIS BUDGET ON LIBRARY CONSTRUCTION AID?
MR. PRETLOW: I THINK IT'S 44-.
MR. RA: AND --
MR. PRETLOW: WE -- IT WAS 10- OVER THE
EXECUTIVE.
MR. RA: 10- OVER THE EXECUTIVE. OKAY. AND -- AND
I'M SURE -- I -- I THINK THIS IS -- THIS IS ONE OF THOSE AREAS THAT HAS, I
THINK, WIDESPREAD SUPPORT OVER THE YEARS TO INVEST IN LIBRARY CAPITAL.
AS YOU MIGHT KNOW, THERE'S $1.75 BILLION IN UNMET CAPITAL NEEDS BY
OUR -- BY OUR LIBRARIES ACCORDING TO THE STATE LIBRARY. SO HOW IS THAT
CONSTRUCTION AID PRIORITIZED AND -- AND DISTRIBUTED TO OUR STATE'S
LIBRARIES?
MR. PRETLOW: IT'S -- IT'S BASED ON THE NEED OF THE
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PROJECT, IF IT'S SHOVEL-READY, HOW QUICKLY IT CAN BE PUT INTO -- INTO
OPERATION.
MR. RA: AND ANOTHER PIECE THAT'S NOT NECESSARILY
SCHOOL-RELATED DIRECTLY, BUT IS FUNDING FOR CAPITAL IMPROVEMENTS TO THE
STATE MUSEUM. WE'VE HAD -- WE'VE HAD A LOT OF TALK ABOUT THIS IN THE
LAST FEW YEARS IN TERMS OF INVESTING IN THAT, WHICH IS -- AND IT -- WHICH
IS RUN BY THE STATE EDUCATION DEPARTMENT. SO HOW MUCH FUNDING ARE
WE ALLOCATING FOR IMPROVEMENTS TO THE STATE MUSEUM?
MR. PRETLOW: WELL, WE HAVEN'T CHANGED THAT
FROM WHAT THE GOVERNOR ORIGINALLY PROPOSED. I CAN GET YOU THAT
NUMBER IN A SECOND IF YOU WANT.
MR. RA: SURE.
MR. PRETLOW: 155 MILLION -- 135 MILLION.
MR. RA: SO WE'RE ACCEPTING THE GOVERNOR'S
PROPOSAL. DO WE KNOW HOW SPECIFICALLY THOSE FUNDS ARE BEING USED,
AND IF THERE'S ANY SPECIFIC PROJECTS THAT ARE BEING PLANNED FOR THAT
MONEY?
MR. PRETLOW: MY BELIEF IS IT'S THE OVERALL REPAIRS
OF THE -- OF THE BUILDING.
MR. RA: DO WE HAVE -- I -- DO WE HAVE ANY SENSE IF
THERE WAS -- MY UNDERSTANDING WAS THEY HAD A, I FORGET WHAT YOU CALL
IT, SOME TYPE OF DEVICE THAT REGISTERS SEISMIC ACTIVITY THAT WAS BROKEN
AND THEY SAID THEY WERE UNABLE TO GET IT WORKING WHEN WE HAD --
MR. PRETLOW: A SPECTROGRAPH [SIC].
MR. RA: THERE YOU GO. DO WE KNOW IF THAT IS GOING
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TO BE REPAIRED WITH ANY OF THIS MONEY?
MR. PRETLOW: I DO NOT KNOW WHAT THE -- THE --
WHAT THE CHECKLIST IS ON WHAT'S GOING TO BE REPAIRED, BUT I WOULD HOPE
THAT THE SPECTROGRAPH [SIC] IS REPAIRED SO WE'LL KNOW IF AN IMPENDING
EARTHQUAKE IS HEADING TOWARD THE GREAT CITY OF ALBANY.
MR. RA: YES. ESPECIALLY WITH THE INVESTMENTS WE'RE
MAKING (INDISCERNIBLE/CROSS-TALK) --
MR. PRETLOW: ONLY 400 MILLION.
MR. RA: HIGHER EDUCATION. COMMUNITY COLLEGE
MAINTENANCE AND IMPROVEMENTS. COMMUNITY COLLEGES ARE RECEIVING
35.1 MILLION?
MR. PRETLOW: YES.
MR. RA: AND I -- I BELIEVE THIS IS A SIZEABLE INCREASE
FROM LAST YEAR, MORE THAN DOUBLE. DO WE KNOW WHAT SPECIFIC
MAINTENANCE NEEDS AT CUNY WE'RE TARGETING WITH THIS INCREASE IN
FUNDING?
MR. PRETLOW: WELL, I DO KNOW THAT THERE ARE
MAJOR REPAIRS NEEDED AT MANY OF THE CUNY CAMPUSES. I KNOW THAT
MY ALMA MATER, BARUCH, IS GOING INTO A REFORMATION OR TRANSITION AND
NEEDS FUNDING FOR REPAIRS ON THAT CAMPUS. MY BELIEF IS THAT EVERY
CAMPUS HAS SOME NEED, AND WE CAN'T -- UNFORTUNATELY, WE CAN'T AFFORD
TO -- TO FIX ALL OF THEM. BUT THERE ARE NEEDS IN JUST ABOUT EVERY CAMPUS
IN THE CUNY.
MR. RA: CAN -- NOW, CAN WE EXPLAIN THAT -- THE --
THE DISPARITY BETWEEN -- MY UNDERSTANDING IS THE SUNY COMMUNITY
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COLLEGES ARE RECEIVING $7.7 MILLION LESS FOR GENERAL MAINTENANCE AND
IMPROVEMENTS THAN LAST YEAR. SO WE HAVE A $15.7 MILLION IN -- OR A --
$15.7 MILLION WAS THE NUMBER FOR CUNY LAST YEAR. IT'S UP TO 35.1, SO
YOU HAVE ALMOST $20 MILLION IN ADDITIONAL FUNDS WHILE WE'RE CUTTING
THE SAME TYPE OF FUNDING FOR SUNY COMMUNITY COLLEGES BY $7.7
MILLION. IS THERE A REASON FOR THAT DISPARITY?
MR. PRETLOW: THERE'S A PRIORITY LIST THAT WAS --
THAT WAS PUT TOGETHER. AND I BELIEVE IF YOU LOOK AT THE MONIES THAT
SUNY RECEIVED LAST YEAR COMPARED TO WHAT CUNY RECEIVED LAST YEAR,
YOU'LL PROBABLY SEE THE EXACT OPPOSITE OF WHAT YOU'RE SEEING THIS YEAR.
MR. RA: OKAY. AND WHAT ABOUT INDEPENDENT
COLLEGES? LAST YEAR WE FUNDED THE HIGHER EDUCATION CAPITAL
MATCHING GRANTS PROGRAM AT $40 MILLION. THERE'S -- THERE'S NO NEW
FUNDING FOR A NEW ROUND OF THAT IN THIS BUDGET?
MR. PRETLOW: I DON'T BELIEVE THERE'S ANY NEW
FUNDING NOW. THEY'RE STILL SPENDING DOWN LAST YEAR'S MONEY.
MR. RA: DO WE KNOW HOW MUCH MONEY IS STILL
AVAILABLE?
MR. PRETLOW: I'D HAVE TO LOOK THAT UP. I DON'T
KNOW.
MR. RA: THANK YOU.
NOW THE SUNY DOWNSTATE AND SUNY UPSTATE
HOSPITALS. WHAT ARE THE CAPITAL APPROPRIATIONS WE'RE MAKING FOR THOSE
INSTITUTIONS?
MR. PRETLOW: A TOTAL OF 900 MILLION; 450-
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DOWNSTATE AND 450- UPSTATE.
MR. RA: OKAY. NOW, THE 450- FOR UPSTATE, THAT'S
NEW THIS YEAR, CORRECT?
MR. PRETLOW: YES.
MR. RA: AND THAT'S AN INCREASE OVER THE GOVERNOR'S
PROPOSAL BY $250 MILLION?
MR. PRETLOW: YES.
MR. RA: SO DO WE HAVE -- DO WE KNOW SPECIFICALLY
WHAT IMPROVEMENTS ARE PLANNED FOR THESE UNIVERSITY HOSPITALS WITH THIS
FUNDING?
MR. PRETLOW: I'M NOT -- I'M NOT SURE WHAT...
MR. RA: IS THERE --
MR. PRETLOW: OKAY, I'M TOLD THEY'RE BUILDING A
CENTRALIZED ANNEX AT SUNY UPSTATE.
MR. RA: AT SUNY UPSTATE. OKAY. THANK YOU.
AND I KNOW WE'VE TALKED FOR -- FOR SEVERAL YEARS ABOUT SUNY
DOWNSTATE. IS THIS FUNDING GOING TO BE ENOUGH TO ADDRESS THEIR NEEDS
ON THE HEELS OF INVESTMENTS WE'VE MADE IN PRIOR YEARS, OR DO WE THINK
THAT THIS IS GOING TO BE A RECURRING THING THAT WE'RE GONNA BE PROVIDING
THIS TYPE OF CAPITAL IN -- IN FUTURE BUDGETS?
MR. PRETLOW: WELL, I'M PRETTY SURE ADDITIONAL
FUNDING WILL BE NECESSARY IN THE FUTURE.
MR. RA: OKAY. HOUSING. SO, THERE'S THIS INITIATIVE
IN NEW YORK CITY WHICH THE GOVERNOR HAS MADE COMMITMENTS TO, THE
CITY OF YES, OVER $1 BILLION. DO WE EXPECT THIS TO BE A ONE-TIME
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APPROPRIATION, OR DO WE THINK THIS IS GONNA BE SOMETHING THAT WE HAVE
TO FUND IN FUTURE BUDGETS?
MR. PRETLOW: WELL, THERE'S A ONE-TIME
APPROPRIATION BROKEN DOWN OVER -- OVER MANY PROGRAMS. WOULD YOU
LIKE THE LIST OF PROGRAMS?
MR. RA: SURE.
MR. PRETLOW: OKAY. WE HAVE $500 MILLION IN
NEW CONSTRUCTION PRESERVATION OF AFFORDABLE HOUSING, $200 MILLION FOR
THE CITY OF NEW YORK HOUSING AUTHORITY [SIC], $80 MILLION FOR
MITCHELL-LAMA PRESERVATIONS, $50 MILLION TO ESTABLISH MIXED-INCOME
REVOLVING FUND, $30 MILLION FOR SUPPORTING HOUSING FOR ADULTS, YOUTH,
YOUNG ADULTS, AND EXISTING PROGRAMS, $30 MILLION FOR MOLD AND
ASBESTOS REHABILITATION, $25 MILLION FOR NEW YORK HOUSING FOR THE
FUTURE AND CO-OPS, $25 MILLION FOR THE NEW YORK HOUSING FOR THE
FUTURE RENTAL PROGRAM, $20 MILLION FOR LEAD ABATEMENT, $20 MILLION
FOR SUPPORTIVE HOUSING, $20 MILLION FOR PRESERVATION OF EXISTING
AFFORDABLE OR SUPPORTIVE RENTAL DEVELOPMENTS REGULATED BY MUNICIPAL,
STATE OR FEDERAL AGENCIES. THAT TOTALS $1 BILLION AND THAT'S PART OF THE
CITY OF YES.
MR. RA: OKAY. AND HOW IS THIS ACTUALLY
DISTRIBUTED? ARE WE SENDING THE MONEY TO THE CITY? IS THERE A -- IS IT
A REIMBURSEMENT? WHAT IS THE ACTUAL MECHANICS OF GIVING THIS MONEY
TO ALL OF THOSE DIFFERENT PROGRAMS?
MR. PRETLOW: WELL, THESE ARE ALL CAPITAL PROJECTS
THAT HAVE TO BE -- HAVE TO BE APPROVED.
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MR. RA: OKAY. AND WHAT -- WHAT --
MR. PRETLOW: AND WE'LL WORK -- WE'LL WORK WITH
THE CITY AS TO HOW THE MONIES ARE -- ARE DISTRIBUTED.
MR. RA: AND WHAT -- WHAT STATE ENTITY OR AGENCY IS
-- IS GOING TO BE HANDLING THAT?
MR. PRETLOW: DHCR.
MR. RA: OKAY. AND DO WE KNOW HOW MANY UNITS
OF HOUSING ARE EXPECTED TO BE BUILT ACROSS NEW YORK CITY WITH THIS
FUNDING?
MR. PRETLOW: I DON'T HAVE A NUMBER, BUT I KNOW
THEY'RE TALKING IN THE THOUSANDS.
MR. RA: OKAY. AND DO WE -- DO WE KNOW WHAT
TYPE OF UNITS WE'RE TALKING ABOUT? WE'RE TALKING ABOUT MULTI-FAMILY
UNITS, SINGLE -- WHAT -- WHAT TYPE OF HOUSING UNITS WE -- WE'RE TALKING
ABOUT WITH THIS?
MR. PRETLOW: THERE'LL BE A RANGE, BUT IT'LL BE
AFFORDABLE IN ANY CASE.
MR. RA: AND DO WE -- WITH REGARD TO THE 25 MILLION
FOR MITCHELL-LAMA, DO WE HAVE ANY SENSE OF HOW MANY UNITS WILL BE
ABLE TO BE REHABILITATED BY THAT FUNDING?
MR. PRETLOW: I DON'T HAVE THAT INFORMATION.
MR. RA: OKAY.
MR. PRETLOW: DO YOU -- DO YOU MEAN NYCHA
OR DO YOU MEAN MITCHELL-LAMA?
MR. RA: MITCHELL-LAMA. NO, NYCHA.
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MR. PRETLOW: I BELIEVE THAT WHAT WAS SPENT --
WELL, 25 MILLION IS WHAT WAS -- BUT I'M NOT SURE HOW MANY UNITS--
MR. RA: OKAY, $25 MILLION.
THE -- THE PRO-HOUSING SUPPLY FUND. $100 MILLION IS
PROVIDED TO PRO-HOUSING CERTIFIED MUNICIPALITIES TO UNDERTAKE
INFRASTRUCTURE IMPROVEMENTS. WHAT KIND OF INFRASTRUCTURE QUALIFIES FOR
THIS FUNDING?
(CONFERENCING)
MR. PRETLOW: THIS IS ALL MAJOR INFRASTRUCTURE
ITEMS LIKE SEWER SYSTEMS, POWER LINES, AND THINGS OF THAT NATURE.
MR. RA: OKAY. SO, ARE THERE ANY OTHER REQUIREMENTS
FOR A MUNICIPALITY WHO HAS ALREADY BEEN CERTIFIED AS PRO-HOUSING TO BE
ELIGIBLE FOR THIS FUNDING?
MR. PRETLOW: I DON'T BELIEVE SO.
MR. RA: OKAY. SO, DO WE KNOW -- I MEAN -- SEWERS,
THINGS OF THAT NATURE, ARE OBVIOUSLY VERY EXPENSIVE PROJECTS.
MR. PRETLOW: THAT IS CORRECT.
MR. RA: DO WE HAVE ANY SENSE OF -- THERE'S ABOUT
300 CERTIFIED MUNICIPALITIES RIGHT NOW, HOW MANY MIGHT ACTUALLY BE --
ABLE TO BE HELPED BY THE $100 MILLION?
MR. PRETLOW: WELL, IT ACTUALLY DEPENDS ON
PROJECT LENGTH OF IT. I MEAN, I'M EXPER -- MY COMMUNITY IS
EXPERIENCING $155 MILLION SEWER REPAIR RIGHT NOW. IT JUST DEPENDS ON
-- IT'S A VERY SMALL CITY SO...
MR. RA: THANK YOU.
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JUST WANT TO SHIFT TO ONE OTHER AREA. TRANSPORTATION,
IN PARTICULAR, CHIPS. WHAT'S OUR -- WHAT'S OUR CHANGE OR INCREASE IN
THE CHIPS PROGRAM IN THIS BUDGET?
MR. PRETLOW: WELL, WE -- WE DID INCREASE THE
CHIPS ALLOCATION THIS YEAR BY $50 MILLION. THAT'S, YOU KNOW, THAT'S
DISTRIBUTED ON A PER CAPITA BASIS, AS YOU KNOW.
MR. RA: AND DO WE KNOW IF THAT'S -- AS YOU RECALL
DURING THE BUDGET HEARINGS AND -- AND WHEN THE GOVERNOR PUT OUT HER
INITIAL BUDGET, ONE OF THE THINGS THAT SHE CAME OUT WITH WAS ADDITIONAL
MONEY FOR THE STATE CAPITAL PROGRAM FOR THEIR HIGHWAYS TO ACCOUNT FOR
THE INCREASE IN COSTS THAT HAVE COME UP IN THE LAST FEW YEARS, BECAUSE,
YOU KNOW, AS HIGHWAY SUPERINTENDENTS CAME BEFORE US DURING THE
BUDGET PROCESS TOLD US THEY COULDN'T PAVE THE SAME NUMBER OF MILES
WITH THE SAME NUMBER OF DOLLARS. DOES THIS $50 MILLION -- IS IT
SUFFICIENT TO REFLECT LIKEWISE THE INCREASE IN COST FOR OUR LOCAL
GOVERNMENTS?
MR. PRETLOW: NO. I BELIEVE THE NUMBER THE
GOVERNOR WAS TALKING ABOUT FOR THE STATE ROAD [SIC] WAS $800 MILLION.
THIS IS AN INCREASE OF 50 MILLION. I BELIEVE THE TOTAL CHIPS AMOUNT IS
A LITTLE OVER $300 MILLION.
MR. RA: OKAY. AND THIS INCREASE OF $50 MILLION
WITHOUT MAKING ANY OTHER CHANGES TO THE CHIPS PROGRAM, YOU KNOW,
INDEXING IT FROM INFLATION OR ANYTHING THAT COULD -- THAT COULD PROVIDE
SOME CERTAINTY DOWN THE ROAD TO THOSE --
MR. PRETLOW: NO, WE AREN'T.
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MR. RA: -- MUNICIPALITIES?
MR. PRETLOW: NO.
MR. RA: MTA CAPITAL PLAN. IN THIS YEAR'S BUDGET,
THE STATE, NEW YORK CITY AREA CONTRIBUTED 3 BILLION TO THE MTA'S
2025-'29 CAPITAL PLAN; IS THAT CORRECT?
MR. PRETLOW: YES.
MR. RA: SO, IF I'M UNDERSTANDING CORRECTLY, YOU
KNOW, GOING BACK TO WHAT WE'RE LOOKING AT WITH OUR LOCAL ROADS, WE
HAVE $6 BILLION TO THE MTA, ANOTHER -- PLUS UP TO ANOTHER 1.2 BILLION.
THAT WAS, I BELIEVE, THE SHIFT FROM -- WITH REGARD TO THE PROJECT AT THE --
THAT THE FEDERAL GOVERNMENT HAS NOW TAKEN OVER, CORRECT?
MR. PRETLOW: YES.
MR. RA: THE $1.2 BILLION?
MR. PRETLOW: I BELIEVE SO.
MR. RA: SO, DO WE ANTICIPATE THE STATE JUST
PROVIDING THAT -- THAT $1.2 BILLION NOW DIRECTLY TO THE MTA?
MR. PRETLOW: YES.
MR. RA: AND DO WE KNOW HOW THAT'S BEING FUNDED?
IS IT BONDED MONEY?
MR. PRETLOW: WELL, YES, IT IS.
MR. RA: SO, WILL IT THEN BE A DEBT OF THE STATE, OR A
DEBT OF THE MTA?
MR. PRETLOW: WELL, THIS WILL BE A STATE DEBT.
MR. RA: THANK YOU.
MADAM SPEAKER, ON THE BILL.
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ACTING SPEAKER HUNTER: ON THE BILL.
MR. RA: SO, JUST QUICKLY I WANT -- I WANT TO POINT
OUT, YOU KNOW, THE CHIPS INCREASE. ANY DOLLAR WE CAN PUT IN CHIPS
IS -- IS A GOOD ONE TO HELP OUR LOCAL ROADS, BRIDGES, CULVERTS GET FIXED.
WE KNOW THERE'S A TREMENDOUS NEED BY OUR LOCAL GOVERNMENTS, BUT
UNFORTUNATELY WE'RE PUTTING, YOU KNOW, LOTS OF MONEY IN DIFFERENT
PLACES AND -- AND WE DID THIS CONTRIBUTION, THIS ADDITIONAL MONEY, TO
THE DOT CAPITAL PROGRAM. AND WE NEED TO HAVE, AS WE GO FORWARD,
THAT RECOGNITION OF THE SAME INCREASE IN COST THAT OUR LOCAL
GOVERNMENTS ARE-- ARE EXPERIENCING. IT JUST -- YOU JUST CAN'T PAVE THE
SAME NUMBER OF MILES OF ROADS WITH THE SAME AMOUNT OF MONEY
BECAUSE THE PRICE OF EVERYTHING THAT GOES IN TO DOING THESE PAVING
PROGRAMS HAS GONE UP. I KNOW WE HAVE A NUMBER OF DIFFERENT
PROGRAMS NOW THAT WE PUT MONEY INTO, BUT REALLY CHIPS IS THE ONE
THAT, TO ME, PROVIDES THE FAIREST DISTRIBUTION THROUGHOUT THE STATE TO OUR
-- OUR CITIES, TO OUR TOWNS, TO OUR VILLAGES, TO OUR COUNTIES. SO, THAT IS
-- REALLY, THE THING WE ALL THINK OF WHEN WE THINK OF CAPITAL, IS LOCAL
INFRASTRUCTURE. MAKING SURE OUR LOCAL GOVERNMENTS CAN KEEP OUR ROADS
PAVED, KEEP THEM SAFE FOR -- FOR THOSE THAT ARE DRIVING ON THEM, SO THAT
THEY CAN GET TO WORK AND -- AND -- AND DO THE THINGS THAT THEY NEED TO
DO ON A DAY -- DAY-TO-DAY BASIS WITH THEIR FAMILIES.
I THINK THAT'S ALL I HAVE ON THIS BILL. THANK YOU,
MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MR. MILLER.
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MR. MILLER: THANK YOU, MADAM SPEAKER. WILL
THE CHAIRMAN YIELD FOR ONE QUESTION --
ACTING SPEAKER HUNTER: WILL THE CHAIRMAN
YIELD?
MR. MILLER: -- ON TRANSPORTATION?
MR. PRETLOW: YES.
ACTING SPEAKER HUNTER: THE CHAIR YIELDS.
MR. MILLER: MOST OF THE QUESTIONS HAVE BEEN
ASKED, MR. PRETLOW. I JUST WANTED TO TAKE THIS A LITTLE BIT OF A DIFFERENT
DIRECTION ON WORKER SAFETY. YOU KNOW, WE PUT SOME -- WE -- WE
EXTENDED THE --
MR. PRETLOW: THE SPEED CAMERAS IN WORK ZONES.
MR. MILLER: -- SPEED CAMERAS IN THE WORK ZONES.
MR. PRETLOW: ABSOLUTELY, YES.
MR. MILLER: WAS THERE -- I DIDN'T SEE ANY CAPITAL
MONEY FOR ADDITIONAL WORKER PROTECTIONS OR -- OR ADDIT -- OR ADDITIONAL
CAMERAS FOR THE WORK ZONES? IT'S BEEN A --
MR. PRETLOW: THERE -- THERE'S NO EXTRA MONEY PUT
IN -- IN THE BUDGET, BUT THE CAPITAL MONEY PUT IN THE BUDGET FOR THAT, BUT
THAT PRETTY SURE WILL BE FUNDED OUT OF EXPENSES AND REVENUE GENERATED
FOR PEOPLE THAT CHOOSE TO SPEED THROUGH WORK ZONES.
MR. MILLER: OKAY. BUT THAT THE -- BUT THAT
REVENUE WILL -- IT WON'T COME IN ALL AT ONCE? IT'S GONNA COME IN --
MR. PRETLOW: NO. IT WON'T, BUT THE STATE HAS
GOOD CREDIT.
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NYS ASSEMBLY MAY 8, 2025
MR. MILLER: -- DURING THE YEAR AND WORKER
PROTECTIONS ARE EXTREMELY IMPORTANT TO ALL OF US.
MR. PRETLOW: YES.
MR. MILLER: WE ALL DRIVE THE THRUWAY, WE ALL
KNOW THE SITUATIONS OUT THERE. WE WANNA MAKE SURE OUR -- OUR
HIGHWAY WORKFORCE IS -- IS THE SAFEST HERE IN THE STATE AND THE STATE IS
--
MR. PRETLOW: THAT -- THAT'S -- THAT'S THE REASON
THAT WE EXPANDED THE PROGRAM BECAUSE IT WAS SUCCESSFUL. THE PILOT
PROGRAM THAT WE ORIGINALLY DID WAS SUCCESSFUL, AND IS NOW BEING
EXPANDED TO INCLUDE MORE LOCATIONS. AND I'M PRETTY SURE THAT, YOU
KNOW, THE -- THE STATE CAN AFFORD TO -- TO -- TO FRONT THE MONEY FOR
WHATEVER ADDITIONAL EXPENSE IS NECESSARY FOR SETTING THE CAMERAS UP,
AND THAT WILL BE REPLENISHED BY THE FINES THAT ARE DERIVED FROM PEOPLE
THAT FOOLISHLY CHOOSE TO SPEED THROUGH WORK ZONES.
MR. MILLER: OKAY. AND ALONG WITH THE WORKER
PROTECTION, THERE'S A LOT OF NEW TECHNOLOGY OUT THERE THAT I KNOW THAT
WE HAVE SOME PILOT PROGRAMS THAT WE'RE USING FOR OUR -- FOR OUR PLOW
TRUCKS AND SANDERS DURING THE WINTER. WE REALLY NEED TO TAKE A REAL
GOOD LOOK AT THAT AND SEE IF WE CAN EXPAND THAT WORKER PROTECTION
PROGRAM. IT'S -- IT'S SOMETHING THAT REALLY NEEDS TO BE DONE.
THANK YOU FOR ANSWERING THAT, MR. PRETLOW.
ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. MILLER: YOU KNOW, AS WE'VE HEARD HERE,
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NYS ASSEMBLY MAY 8, 2025
CHIPS IS THE LIFEBLOOD OF OUR HIGHWAYS THROUGH NEW YORK STATE. YOU
KNOW, WHEN WE THINK OF OUR HIGHWAYS, WE THINK OF THE NEW YORK
STATE THRUWAY, WE THINK OF ALL OUR STATE ROADS, BUT CHIPS IS -- IS -- IS
TRULY THE LIFEBLOOD FOR OUR TOWNS, OUR COUNTIES, YOU KNOW, SOME OF OUR
-- SOME OF OUR TOWNS THAT'S ALL THE HIGHWAY MONEY THEY -- THEY'VE HAD.
EVERY YEAR WE HAVE A SEA OF ORANGE HERE, AND WE ASK FOR AND -- AND --
AND THE HIGHWAY CREWS ASK FOR MORE FUNDING. YOU KNOW, WE -- WE
HAVE SOME LINE ITEMS HERE. DEDI -- DEDICATED HIGHWAY AND BRIDGE
TRUST FUND, 336.5 MILLION. SAME AS THE GOVERNOR, SAME AS LAST YEAR.
AIRPORT CAPITAL, 36.5 MILLION. SAME AS THE GOVERNOR, SAME AS LAST
YEAR. CONSOLIDATE LOCAL STREETS HIGHWAYS IMPROVEMENT PROGRAMS
[SIC], CHIPS, 50 MILLION MORE THAN THE GOVERNOR'S PROPOSAL, 50
MILLION MORE THAN LAST YEAR. THE PRICE OF AGGREGATES GONE UP, THE
PRICE OF LABORS GONE UP. WE'VE TALKED ABOUT THIS EVERY YEAR. I'M -- I'M
SURE EVERY ONE OF US DROVE HERE TODAY OR -- OR -- OR WE RODE IN A
VEHICLE. AND, WITH THE EXTREME WINTER THAT WE'VE HAD, AND THE
HIGHWAY CONDITIONS THAT WE HAVE HERE IN -- IN NEW YORK STATE, WE
REALLY NEED TO GET THIS UP TO WHAT THE ASK WAS -- WAS $250 MILLION
ADDITIONAL.
LOCAL ROAD AND BRIDGE CAPITAL ASSISTANCE, 15 MILLION
IN NEW FUNDING FOR PROJECTS RELATED TO CAPITAL INVESTMENT AND STATE
LOCAL ROADS AND BRIDGES.
MR. PRETLOW, WILL YOU TAKE ANOTHER -- WILL YOU YIELD
FOR ONE MORE QUESTION?
ACTING SPEAKER HUNTER: MR. PRETLOW, WILL
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NYS ASSEMBLY MAY 8, 2025
YOU YIELD?
MR. PRETLOW: YES, I WILL.
MR. MILLER: OKAY. ON --
ACTING SPEAKING HUNTER: THE CHAIR YIELDS.
MR. MILLER: -- ON THAT TOPIC, THE LOCAL ROAD AND
BRIDGE CAPITAL ASSISTANCE, 15 MILLION IN NEW FUNDING FOR PROJECTS
RELATED TO CAPITAL INVESTMENT AND STATE AND LOCAL ROADS. DO WE KNOW
HOW THIS WILL BE DISTRIBUTED AND ALLOCATED ACROSS THE STATE?
MR. PRETLOW: THAT'S USUALLY DISTRIBUTED BY THE --
IT'S PART OF CHIPS, RIGHT?
MR. MILLER: I -- THAT'S -- THAT'S ALL I HAVE IS A -- IS A
LINE ITEM HERE.
MR. PRETLOW: REPEAT -- REPEAT THE QUESTION,
PLEASE.
MR. MILLER: LOCAL ROAD AND BRIDGE CAPITAL
ASSISTANCE, 15 MILLION IN NEW FUNDING FOR PROJECTS RELATED TO CAPITAL
INVESTMENT AND STATE AND LOCAL ROADS AND BRIDGES. I -- I BELIEVE THIS IS
DIFFERENT THAN THE CHIPS -- THAN THE CHIPS MONEY.
MR. PRETLOW: 5-0 YOU'RE SAYING, CORRECT?
MR. MILLER: 1-5.
MR. PRETLOW: OH, 1-5.
MR. MILLER: FIFTEEN.
MR: PRETLOW: I DON'T KNOW WHAT THAT IS.
(CONFERENCING)
I'M NOT SURE HOW IT'S ALLOCATED. THAT'S THE -- THAT'S THE
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NYS ASSEMBLY MAY 8, 2025
GENERAL STATE ROAD, BRIDGE FUND. IT'S --
MR. MILLER: OKAY. THANK YOU.
BACK ON THE BILL, MADAM SPEAKER.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. MILLER: PAVE-NY, 150 MILLION. SAME AS THE
GOVERNOR, SAME AS LAST YEAR. PAVE OUR POTHOLES, 100 MILLION. SAME
AS THE GOVERNOR, SAME AS LAST YEAR. WE ALL DRIVE ON THE ROADS. WE
HAVE INFRASTRUCTURE HERE THAT IS -- IS FAILING, IT NEEDS ALL THE UPDATING
THAT WE CAN GIVE IT. YOU KNOW, WE -- WE TALK A LOT ABOUT ECONOMIC
DEVELOPMENT AND OUR INFRASTRUCTURE ON OUR HIGHWAYS AND BRIDGES AND
STRUCTURES IS PART OF ECONOMIC DEVELOPMENT. AND WE REALLY, REALLY
NEED TO TAKE A GOOD LOOK AT HOW WE'RE TAKING CARE OF OUR -- OF OUR
ROADS. WE BARELY FUND TO TAKE CARE OF THE DECLINE. WE'RE -- THAT'S WHAT
WE'RE DOING RIGHT NOW, AND WE -- WE NEED TO TAKE A BETTER LOOK AT THIS
AND WE REALLY NEED TO FUND ON THIS. THIS IS ONE OF THE THINGS -- WE
DON'T DO A GOOD JOB ON MAINTAINING WHAT WE HAVE HERE IN NEW YORK
STATE. AND I REALLY WISH WE COULD'VE PUT MORE IN HERE, AND I HOPE THAT,
MOVING ON IN THE FUTURE, THAT WE CAN.
YOU KNOW, I -- I TALKED TO MY COLLEAGUES FROM THE
HUDSON VALLEY, AND THEY HAVE ROUGHLY 8,2 -- 8,200 LANE MILES OF ROAD
IN THE HUDSON VALLEY. AND BEFORE I HAD THE 122ND ASSEMBLY DISTRICT,
I HAD THE 101ST, WHICH WAS PART OF THE HUDSON VALLEY. AND WHEN MY
COLLEAGUES TALK ABOUT THE ROADS IN THE HUDSON VALLEY, THEY COULD EAT
UP THAT 50 MILLION IN A MATTER OF MINUTES. PROBABLY JUST PAVING WHAT --
WHAT THEY HAVE RIGHT NOW. AND THAT'S JUST THAT REGION, BUT WE HAVE ALL
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NYS ASSEMBLY MAY 8, 2025
THE REGIONS ACROSS THE STATE. AND WE REALLY NEED TO PUT MORE MONEY IN
THE CHIPS, IN THE PAVE OUR POTHOLES, IN THE BRIDGE NY, INTO EVERY
PROGRAM THAT WE HAVE HERE.
THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MR. ARI BROWN.
MR. A. BROWN: THANK YOU, MADAM SPEAKER. WILL
THE SPONSOR YIELD?
ACTING SPEAKER HUNTER: MR. PRETLOW, WILL
YOU YIELD?
MR. PRETLOW: YES, THANK YOU.
ACTING SPEAKER HUNTER: MR. PRETLOW YIELDS.
MR. A. BROWN: THANK YOU, CHAIRMAN. WHICH
INDUS -- WHICH INDUSTRY, MR. CHAIRMAN, WOULD YOU SAY IS THE DRIVING
FORCE OF OUR ECONOMY? ACTUALLY, THE ENTIRE ECONOMY OF THE WHOLE
UNITED STATES.
MR. PRETLOW: THE DRIVING FORCE? WHICH
INDUSTRY?
MR. A. BROWN: THERE'S ONLY ONE.
MR. PRETLOW: CONSTRUCTION?
MR. A. BROWN: THAT'S IT, HOUSING STARTS, EXACTLY.
AND WHICH COMPONENT SCARES THE LIFE OUT OF EVERY MAYOR AND
SUPERVISOR WHEN THEY'RE PREPARING THEIR BUDGET? ONE BIG TICKET ITEM
THAT SCARES THE WITS OUT OF ALL --
MR. PRETLOW: LABOR.
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NYS ASSEMBLY MAY 8, 2025
MR. A. BROWN: WHAT'S THAT?
MR. PRETLOW: LABOR.
MR. A. BROWN: OKAY. AND -- AND INFRASTRUCTURE,
BECAUSE IT'S ONE OF THE BIGGEST COSTS.
THAT BRINGS ME TO THE POINT OF OUR DISCUSSION FOR THIS
PARTICULAR CAPITAL PROJECTS BILL. THERE'S AN ELEPHANT IN THE ROOM THAT
NO ONE SEEMS TO REALIZE THAT'S CONVERGING ON US VERY QUICKLY.
EVERYBODY'S WORRIED ABOUT THE ELECTRIC BUSES, BUT THERE'S SOMETHING A
LOT BIGGER HAPPENING. ARE YOU FAMILIAR WITH THE ALL-ELECTRIC BUILDING
ACT? BILL NO. 8431.
MR. PRETLOW: YES, I AM.
MR. A. BROWN: OKAY. SO, AS WE KNOW, BY
DECEMBER 31ST, 2025, ANY NEW CONSTRUCTION, EVEN SINGLE FAMILY
HOMES, WOULD HAVE TO BE FULLY ELECTRIC.
MR. PRETLOW: YES.
MR. A. BROWN: I DID A COMPREHENSIVE ASSESSMENT.
I TOOK A SMALL VILLAGE OF LESS THAN 7,000 RESIDENTS AND I DID AN
ASSESSMENT BASED ON CURRENT THREE YEAR DATA OF NEW CONSTRUCTION
HOMES THAT WERE BUILT IN THAT TIME PERIOD. AND IT'S A PARTICULAR VILLAGE
THAT DOES A LOT OF CONSTRUCTION. WHEREAS, YOU CAN BUILD MODERATE
CONSTRUCTION TODAY AND RESIDENTIAL CONSTRUCTION FOR BETWEEN $185 - AND
$245 A SQUARE FOOT. WHEN I IMPLEMENTED THE COMPONENTS OF THIS
PARTICULAR BILL, I'M TOUCHING AROUND 310 TO AROUND 318 PER SQUARE FOOT.
WE TALK ABOUT AFFORDABLE HOUSING, YOU'RE THE
CHAIRMAN OF WAYS AND MEANS. I DON'T HAVE TO EXPLAIN TO YOU WHAT 3
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NYS ASSEMBLY MAY 8, 2025
-- $318 A SQUARE FOOT FOR A MODERATELY SIZED 2,500 SQUARE FOOT HOME.
THERE WILL BE -- WOULD YOU AGREE --
MR. PRETLOW: YES.
MR. A. BROWN: -- THAT THERE WOULDN'T BE A SINGLE
AFFORDABLE HOUSE IN NEW YORK?
THEN THERE'S THE OTHER ELEPHANT IN THE ROOM THAT'S
CONVERGED, AND IT HAS CONVERGED AT THE SAME TIME THAT'S LEAVING MOST
OF THE STATE IN THE BUILDING INDUSTRY VERY CONCERNED. ASSEMBLY BILL,
A10439, WHICH IS THE ADVANCED BUILDING CODE, APPLIANCE AND
EQUIPMENT EFFICIENCY ACT. ARE YOU FAMILIAR WITH THAT WHEN IT COMES
TO CONSTRUCTION? FORGET ABOUT THE APPLIANCES, THE CONSTRUCTION
COMPONENTS OF THAT?
MR. PRETLOW: NO, MR. BROWN, I'M NOT. BUT, I
DON'T SEE HOW THIS RELATES TO THE BILL AT HAND.
MR. A. BROWN: I'LL -- I'LL --
MR. PRETLOW: UNLESS YOU'RE GONNA DRAW IT
TOGETHER.
MR. A. BROWN: I'M GOING TO BRING IT TOGETHER IN --
IN A COUPLE OF MINUTES.
YOU KNOW, AS A LITTLE BOY, I -- I WANTED TO SURPRISE MY
FATHER. AROUND 45 YEARS AGO MY FATHER WENT AWAY FOR A DAY AND I SAID
-- I SAID, I'M GONNA FRAME THE WHOLE FIRST FLOOR OF THIS HOUSE BY MYSELF.
AND I WAS ABLE TO DO THAT AND FRAME THE WALLS ON THE FLOOR, AND THEN
STAND THEM UP BECAUSE IT WAS 2X4. THIS BILL REQUIRES US TO NOW FRAME
IN 2X8. I'M BENCHING ALMOST THREE PLATES AND I CAN'T STAND UP A WALL
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NYS ASSEMBLY MAY 8, 2025
LIKE THAT, WHICH MEANS MY LABOR WENT UP AND MY CONSTRUCTION COSTS
WENT UP. SO HERE -- HERE'S WHERE THE QUESTION IS. I LOOKED AT THE CHART,
THE BREAKDOWN FROM THE SUSTAINABLE FUTURE PROGRAMS CAPITAL PROJECT,
WHAT WE'RE TALKING ABOUT NOW, AND I WENT THROUGH EACH AND EVERY
COMPONENT. THE GREEN GAS EMISSIONS REDUCTION [SIC] AND EVERY
SINGLE ASPECT OF THE EMPOWER NEW YORK, NYSERDA'S MONEY AND THE
CLEAN -- THE CLEAN GREEN SCHOOLS. AND ONE BY ONE I'M SAYING, I'M
HOPING I'M GONNA FIND SOME COMPONENT THAT'S GONNA HELP PAY FOR THE
INFRASTRUCTURE THAT'S GONNA BE REQUIRED TO SUSTAIN ALL OF THIS ELECTRIC
MANDATES -- UNFUNDED MANDATES THAT'S BEING IMPLEMENTED HERE. I
LOOKED AT THE VERY BOTTOM AND I SAID, MAYBE IT'S IN THE RENEWABLE
ENERGY PROJECT'S 200 MILLION, MAYBE IT'S IN THE FLEXIBLE, ANY PURPOSE
LINE 100 MILLION. I'M SAYING $300 MILLION. I'M ASKING YOU, CHAIRMAN,
WHERE'S THE MONEY GONNA COME FROM TO IMPLEMENT JUST THE SMALLEST
ASPECT OF THIS, JUST THE BASIC ELECTRIC TO POWER A HOUSE? WHICH MY
ESTIMATE WILL ADD APPROXIMATELY 85- TO $110,000 PER HOUSE TO -- TO
QUALIFY -- TO -- TO MAKE THESE HOUSES QUALIFY WHAT'S BEING IMPLEMENTED
BY THIS. JUST -- JUST TO IMPROVE THE TRANSFORMERS. FOR -- FORGET ABOUT,
YOU KNOW, HAVING INFRASTRUCTURE. WHERE -- WHERE'S THE MONEY GONNA
COME FROM?
MR. PRETLOW: IT -- IT MAY BE INADEQUATE BUT THIS
BUDGET DOES INCLUDE $200 MILLION FOR RENEWABLE ENERGY PROJECTS. AND
ONE OF THOSE PROJECTS IS TO IMPROVE THE GRID CONDUCTIVITY PRO --
PROJECTS.
MR. A. BROWN: THANK YOU, MR. CHAIRMAN. COULD
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NYS ASSEMBLY MAY 8, 2025
YOU TELL ME WHAT THAT NUMBER IS THAT -- THAT YOU JUST TALKED ABOUT TO
IMPROVE THE GRID?
MR. PRETLOW: IT'S NOT SPECIFICALLY FOR IT. THE --
THE ENTIRE AMOUNT IS $200 MILLION AND IT'S -- BE ALLOCATED TOWARDS
CERTAIN AREAS. RENEWABLE ENERGY, GENERATION UNDERTAKEN BY -- NOT BE
AS AUTHORIZED BY THE BUILD PUBLIC RENEWABLE ACT [SIC], MUNICIPAL
RENEWABLE ENERGY PROJECTS AND GRID CONNECTIONS.
MR. A. BROWN: THANK YOU. WOULD YOU AGREE THAT
THAT'S -- THAT AMOUNT IN ITS ENTIRETY, WOULD PROBABLY WOULDN'T EVEN BE
EQUAL TO 1 PERCENT OF THE NEED TO --
MR. PRETLOW: I -- I PREFACE MY STATEMENT BY
SAYING THIS IS PROBABLY INADEQUATE.
MR. A. BROWN: WELL, LET'S HAVE THE DISCUSSION
OPENLY. WOULD YOU AGREE THAT (INDISCERNIBLE) IF WE TOOK THE ENTIRE
BUDGET IN THE STATE OF NEW YORK, A QUARTER OF A TRILLION DOLLARS, THAT
PROBABLY WOULD BE ABOUT A THIRD OF WHAT WOULD BE NEEDED TO IMPROVE
THE INFRASTRUCTURE JUST TO SUPPORT THIS MANDATE THAT'S COMING IN -- IN
ABOUT A YEAR'S TIME -- LESS THAN A YEAR'S TIME?
MR. PRETLOW: I -- I CAN'T SPEAK TO THAT. I DON'T
KNOW.
MR. A. BROWN: WELL, WITH RESPECT TO THE
CHAIRMAN, I WILL TELL YOU, THAT'S EXACTLY WHAT'S HAPPENING. AND -- AND
I APPRECIATE YOUR TIME, MR. CHAIRMAN.
MADAM SPONSOR [SIC], ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
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NYS ASSEMBLY MAY 8, 2025
MR. A. BROWN: YOU KNOW, WE -- WE ALL TALKED
ABOUT THE ELECTRIFICATION OF THE BUSES; IT WAS SCARY. THIS SCARES ME A
LOT MORE. YOU KNOW, OUTWARD MIGRATION IN NEW YORK IS SOMETHING
LIKE NO ONE CAN BELIEVE. WHEN THIS IS IMPLEMENTED, THERE WILL BE
NOTHING LEFT. THE -- THE MARKET LOOKS AT HOUSING STARTS. IT -- THE -- THE
MARKET LOOKS -- THE STOCKMARKET LOOKS AT EVERY STATE, WHERE WE'RE
GONNA BUILD, HOW MANY HOUSES ARE GONNA BE BUILT IN EVERY PARTICULAR
AREA. THERE WILL BE NO NEW HOUSES BUILT IN THIS AREA BECAUSE EVEN IF
PEOPLE CAN AFFORD TO DO IT, MAYBE SOME LUXURY AREAS, THERE ISN'T THE
INFRASTRUCTURE TO SUSTAIN THIS. AND THE POINT OF MY -- MY QUESTIONING IS
VERY SIMPLE; WHY COULDN'T WE HAVE -- IF -- IF -- IF THIS -- THIS MANDATE --
IF THESE PARTICULAR BILLS WERE SO IMPORTANT, WHY MAKE IT AN UNFUNDED
MANDATE? YOU KNOW, WE'RE ALREADY SPENDING A QUARTER OF A TRILLION
DOLLARS. LET'S JUST SHOW GOODWILL AND PUT AT LEAST A HALF A BILLION
DOLLARS, WOULDN'T BE A TRICKLE INTO WHAT WE NEED, BUT LET'S AT LEAST SHOW
THAT WE'RE SERIOUS ABOUT THE UNFUNDED MANDATES THAT WE'RE ASKING THE
REST OF THE STATE TO DO. I -- I DON'T KNOW WHAT TO DO, YOU KNOW. WE'RE
GONNA LOSE CONGRESSIONAL SEATS, CONTINUOUSLY SO, AND WE'RE GONNA LOSE
THE LAST OF OUR PEOPLE IN THE STATE. PEOPLE CAN'T AFFORD TO LIVE IN NEW
YORK, AND THIS IS BEYOND THE NAIL IN THE COFFIN. AND FOR THAT REASON, I
WILL CERTAINTY BE VOTING NO ON THIS BILL.
THANK YOU, MADAM -- MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MR. SLATER.
MR. SLATER: THANK YOU, MADAM SPEAKER. WILL
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NYS ASSEMBLY MAY 8, 2025
THE CHAIRMAN YIELD FOR A FEW QUESTIONS ON THE DOT CORE CAPITAL
PLAN?
ACTING SPEAKER HUNTER: WILL THE CHAIRMAN
YIELD?
MR. PRETLOW: YES, I WILL YIELD.
ACTING SPEAKER HUNTER: THE CHAIR YIELDS.
MR. SLATER: THANK YOU, CHAIRMAN. WHILE YOUR
STAFF COMES IN, DID YOU HAVE A CHANCE TO EAT YET? NOT YET?
MR. PRETLOW: NO.
MR. SLATER: THERE'S SOME GOOD FOOD.
MR. PRETLOW: WAY TO RUB IT IN.
(LAUGHTER)
MR. SLATER: SIR, JUST -- I JUST WANTED TO GO OVER
THE DOT CORE CAPITAL PLAN. WE SEE AN $800 MILLION ALLOCATION,
ADDITIONAL ALLOCATION; IS THAT ACCURATE?
MR. PRETLOW: YES.
MR. SLATER: AND WHAT SPECIFICALLY IS THAT $800
MILLION GOING TO BE USED FOR?
MR. PRETLOW: I'LL TELL YOU IN A SECOND.
MR. SLATER: THANK YOU.
(CONFERENCING)
MR. PRETLOW: IT'S JUST INFLATIONARY -- AN
INFLATIONARY INCREASE FOR THE WHOLE PROGRAM. MOST STATE AND HIGHWAY
ROAD PROGRAM.
MR. SLATER: AND SO IS THAT FOR EXISTING PROJECTS OR
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NYS ASSEMBLY MAY 8, 2025
FUTURE PROJECTS?
MR. PRETLOW: YES, EXISTING.
MR. SLATER: EXISTING PROJECTS IN NEW YORK STATE.
MR. PRETLOW: YES.
MR. SLATER: IS THAT GOING TO GO TOWARDS PROJECTS
THAT -- BECAUSE I THINK THAT WE'VE SEEN SEVERAL INSTANCES WHERE WE'VE
ALLOCATED DOLLARS OR PROJECTS THAT HAVEN'T BROKEN GROUND. SO ARE THESE
SHOVEL-READY PROJECTS? ARE THESE PROJECTS THAT ARE ALREADY IN THE
PROCESS, OR ARE THEY IN THE PLANNING STAGES?
MR. PRETLOW: WELL, THESE ARE THE ITEMS THAT HAVE
BEEN IN THE FIVE-YEAR CAPITAL PLAN. HOPEFULLY THEY'RE SHOVEL-READY BY
NOW.
MR. SLATER: BUT WE DON'T KNOW FOR SURE?
MR. PRETLOW: I -- I DON'T KNOW FOR SURE.
MR. SLATER: AND SO, WHEN IT COMES SPECIFICALLY,
AND I WANT TO THANK MY COLLEAGUE FOR RAISING THE ISSUES OF THE HUDSON
VALLEY WHICH I KNOW YOU ARE VERY, VERY FAMILIAR WITH. AND SO, WHEN
IT COMES TO REGION 8, WHAT BENEFIT WILL THE $800 MILLION HAVE FOR THE
HUDSON VALLEY, IF ANY?
MR. PRETLOW: OKAY. IT'S -- IT'S NOT DISBURSED
REGIONALLY, SO I GUESS IT WOULD DEPEND ON NEED OF THAT -- THE DISTRICT.
MR. SLATER: DO WE KNOW OF ANY PROJECTS IN
REGION 8 THAT WOULD BENEFIT FROM --
MR. PRETLOW: I DON'T KNOW OF ANY PROJECTS.
MR. SLATER: -- $800 MILLION? I'M SORRY, SIR?
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NYS ASSEMBLY MAY 8, 2025
MR. PRETLOW: I DO NOT KNOW OF ANY PROJECT, IN
ANY REGION, THAT WILL BENEFIT BY THIS ADDITIONAL MONEY.
MR. SLATER: I KNOW THAT WHEN WE WERE GOING
THROUGH THE BUDGET PROCESS, WE HAD BEEN ADVOCATING STRONGLY FOR THE
800 MILLION. OUR PARTNERS IN THE SENATE IN THEIR ONE-HOUSE INCLUDED A
SEPARATE ALLOCATION JUST FOR REGION 8. DO WE KNOW WHERE THAT
ALLOCATION STANDS DURING THIS FINAL BUDGET PHASE?
MR. PRETLOW: THAT WAS NOT IN THE BUDGET.
MR. SLATER: AND SO, IS THAT SOMETHING THAT WAS
NEGOTIATED OUT OF THE BUDGET BY THE EXECUTIVE?
MR. PRETLOW: I DON'T KNOW IF IT WAS NEGOTIATED
OUT. WE LIKE TO SAY IT FELL OFF THE TABLE.
MR. SLATER: BUT IT IS NOT ALLOCATED IN THE FINAL
PRODUCT?
MR. PRETLOW: NO.
MR. SLATER: UNDERSTOOD. AMONG THE OTHER ITEMS
THAT WE TALKED ABOUT DURING THE BUDGET PROCESS WAS A -- A NEEDS
ASSESSMENT FOR DOT?
MR. PRETLOW: YES.
MR. SLATER: DO WE KNOW IF THAT NEEDS ASSESSMENT
PROPOSAL WAS ADOPTED AS PART OF THIS BUDGET?
MR. PRETLOW: NO, IT WASN'T.
MR. SLATER: IT WAS NOT? VERY GOOD. WELL, MR.
CHAIRMAN, THANK YOU FOR ANSWERING MY QUESTIONS. IF I COULD GO ON THE
BILL, MADAM SPEAKER, AND GIVE THE CHAIRMAN SOME TIME TO REST.
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NYS ASSEMBLY MAY 8, 2025
ACTING SPEAKER HUNTER: ON THE BILL.
MR. SLATER: THANK YOU VERY MUCH. AS MY
COLLEAGUE BEFORE ME HAD SAID, WHEN IT COMES TO CONSTITUENT SERVICES,
THE NUMBER ONE ISSUE MY DISTRICT GETS CALLS ABOUT IS THE CONDITIONS OF
OUR STATE ROADS. STATE ROADS ARE THE MAIN ARTERIES IN THE 94TH
ASSEMBLY DISTRICT, AND I WOULD ARGUE ACROSS THE ENTIRE HUDSON VALLEY.
WE KNOW THAT REGION 8, THE DATA SHOWS IT, WE HAVE THE WORST RATED
ROADS, WORST RATED STATE ROADS, THE WORST RATED STATE BRIDGES. WE HAVE
A SIGNIFICANT INFRASTRUCTURE PROBLEM. AND WHILE I APPRECIATE THE 800
MILLION THAT IS IN FOR DOT CORE CAPITAL, WE CONTINUE TO OVERLOOK THE
NEEDS OF THE HUDSON VALLEY. WE CONTINUE TO OVERLOOK THE SAFETY
CONCERNS THAT GET RAISED BY PEOPLE UTILIZING OUR STATE ROADS, AND WE
CONTINUE TO OVERLOOK THE QUALITY OF LIFE IMPROVEMENTS THAT WOULD BE
MADE IF WE WERE ABLE TO ALLOCATE THE NECESSARY FUNDING TO ENSURE SAFE
AND ADEQUATE STATE ROADS IN THE HUDSON VALLEY. AND I'M NOT JUST
TALKING ABOUT MY ASSEMBLY DISTRICT, I AM TALKING ABOUT EVERY ONE OF
MY COLLEAGUES ACROSS DOT, REGION 8, REPUBLICAN, DEMOCRAT, IT
DOESN'T MATTER. WE KNOW THAT THERE IS A SIGNIFICANT UNDERFUNDING OF
OUR REGION, WE KNOW OUR REGION CONTINUES TO SUFFER FROM THESE CHRONIC
PROBLEMS, AND WE CANNOT CONTINUE TO IGNORE IT.
I'VE SPOKEN TO DOT ALMOST ON A WEEKLY BASIS ABOUT
DIFFERENT TROUBLED AREAS, WHETHER IN PUTNAM COUNTY, NORTHERN
WESTCHESTER, AND I UNDERSTAND THAT THE UPCOMING FIVE-YEAR CAPITAL
PLAN IS AROUND THE CORNER AND THAT'S GREAT, BUT THE HUDSON VALLEY HAS
TO BEGIN TO BE PRIORITIZED FULL STOP. AND I WOULD INVITE ANY OF MY
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NYS ASSEMBLY MAY 8, 2025
COLLEAGUES TO COME DRIVE ON OUR ROADS AND YOU'LL SEE THEM FIRSTHAND,
BECAUSE THE WAY THAT THEY ARE RIGHT NOW IS JUST UNACCEPTABLE.
DESPITE MY CONCERNS AND DESPITE THE FACT THAT I FEEL
WE'VE CONTINUED TO MISS THE MARK WHEN IT COMES TO THE HUDSON
VALLEY, I DO APPRECIATE OTHER ITEMS IN THIS CAPITAL -- IN THIS CAPITAL BILL.
I AM, ONCE AGAIN, GOING TO BE SUPPORTING IT. I DO THINK IT'S IMPORTANT
THAT WE CONTINUE TO INVEST IN OUR CLEAN WATER AND PROTECT OUR
ENVIRONMENT WITH THE EPF, AND THERE ARE OTHER ITEMS AS WELL THAT I
BELIEVE ARE WORTHY OF SUPPORTING. I JUST HOPE WHEN WE COME BACK
AGAIN NEXT YEAR THE HUDSON VALLEY IS FINALLY PRIORITIZED.
THANK YOU VERY MUCH, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
READ THE LAST SECTION.
THE CLERK: THIS BILL 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 PARTICULAR PIECE OF
LEGISLATION. IF THE -- IF THERE ARE MEMBERS WHO WANT TO VOTE YES, THEY
CAN DO SO NOW. THANKS.
ACTING SPEAKER HUNTER: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MADAM
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SPEAKER. THE MAJORITY CONFERENCE IS GONNA BE IN FAVOR OF THIS PIECE
OF LEGISLATION.
ACTING SPEAKER HUNTER: THANK YOU.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. STECK TO EXPLAIN HIS VOTE.
MR. STECK: THANK YOU, MADAM CHAIRMAN [SIC].
THE SUBTLE ABRIDGEMENT OF CONSTITUTIONAL POWERS HAS A LONG RUN
CORROSIVE EFFECT. IT STARTS TO WHITTLE AWAY AT THE GREATEST MANIFESTATION
OF DEMOCRACY. ONE PERSON, THE GOVERNOR OF NEW YORK, ALREADY HAS
GREATER POWER OVER THE BUDGET THAN ANY OTHER GOVERNOR OF ANY OTHER
STATE. I HAVE NEVER SUPPORTED ANY FURTHER CEDING OF LEGISLATIVE POWER
TO THE GOVERNOR. I DON'T SUPPORT RULE BY EXECUTIVE ORDERS WHETHER
HERE OR IN WASHINGTON. WE ARE THE HEART OF DEMOCRACY, NOT THE
GOVERNOR. CITIZENS MAY EASILY MEET WITH US TO DISCUSS BUDGETARY
MATTERS. THEY HAVE LITTLE INFLUENCE OVER THE GOVERNOR. I OPPOSED
GIVING THE GOVERNOR EMERGENCY POWERS DURING COVID, AND MUST TAKE
THE SAME POSITION HERE EVEN IF THE DISEASE IS COMING DOWN FROM THE
FEDERAL GOVERNMENT. THEREFORE, I VOTE IN THE NEGATIVE.
ACTING SPEAKER HUNTER: MR. STECK IN THE
NEGATIVE.
MR. MAHER.
MR. MAHER: THANK YOU, MADAM SPEAKER. I RISE TO
EXPLAIN MY VOTE ON THIS PARTICULAR BUDGET BILL. MANY OF MY COLLEAGUES
HAVE ALREADY SHARED THEIR ISSUES WITH THE LACK OF INVESTMENT IN
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INFRASTRUCTURE ON OUR STATE AND LOCAL ROADS, AND THAT IS EXACTLY WHY I
STAND HERE AT THIS MOMENT IN TIME. WHEN WE TAKE A LOOK AT CHIPS
WITH AN ADDITIONAL 50 MILLION, WE ASK FOR A LOT OF MORE. WHEN WE TALK
ABOUT THE RISE IN COSTS OF MATERIALS, WE KNOW THAT THAT 50 MILLION
INCREASE IS STILL GOING TO LIMIT THE AMOUNT OF ROADS THAT WE'VE BEEN ABLE
TO PAVE IN OUR LOCALITIES FOR THE PREVIOUS YEAR. WE KNOW IT'S NOT NEARLY
ENOUGH. WHEN WE TALK ABOUT EXTREME WINTER RECOVERY, PAVE-NY
AND PAVE OUR POTHOLES, THERE IS NO INCREASE EVEN THOUGH THERE IS A
MASSIVE INCREASE FROM YEAR TO YEAR IN OUR COSTS. THAT AMOUNTS TO A CUT
BY THE STATE OF NEW YORK IN OUR INFRASTRUCTURE, IN OUR LOCAL AND STATE
ROADS. AND AS MY COLLEAGUE SHARED AS WELL, WHEN IT COMES
SPECIFICALLY TO THE HUDSON VALLEY, DEPARTMENT OF TRANSPORTATION
REGION 8, WE ARE WOEFULLY UNDERFUNDED. AND AGAIN, WITH THE $254
BILLION BUDGET, I CANNOT IMAGINE HOW WE HAVE PRIORITIZED THE SAFETY OF
OUR RESIDENTS AND NOT INVESTING IN OUR INFRASTRUCTURE. WE HAD AN
EARTHQUAKE RECENTLY, AND I REMEMBER BEING ASKED; WHERE WERE YOU,
DID YOU FEEL IT? AND I SAID, NO, I WAS ACTUALLY DRIVING. I WAS ON A
STATE ROAD, AND IT PRETTY MUCH FEELS LIKE AN EARTHQUAKE EVERY SINGLE
TIME YOU DRIVE DOWN IT. THIS IS NOT A JOKE, THIS IS WHAT HAPPENED.
THIS STATE NEEDS TO DO BETTER WHEN IT COMES TO
INVESTING IN OUR INFRASTRUCTURE, OUR STATE AND LOCAL ROADS. FOR THAT
REASON AND MANY MORE, I WILL BE IN THE NEGATIVE, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MR. SLATER [SIC] IN THE NEGATIVE.
MS. GLICK TO EXPLAIN HER VOTE.
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NYS ASSEMBLY MAY 8, 2025
MS. GLICK: THANK YOU. TO BRIEFLY EXPLAIN MY
VOTE. I'M VERY HAPPY TO SEE OUR INSTITUTIONS OF HIGHER EDUCATION GETTING
THE FUNDING THAT THEY NEED TO UPGRADE THEIR FACILITIES. THIS IS TEACHING
YOU WANT TO BE IN A FACILITY THAT HAS THE RIGHT EQUIPMENT, THAT IS IN GOOD
WORKING ORDER, SO THAT YOU CAN FOCUS ON YOUR STUDIES. I'M ALSO THRILLED
WITH MONEY THAT IS GOING FOR CLEAN WATER INFRASTRUCTURE ALL OVER THE
STATE. IT'S ALWAYS OVER-SUBSCRIBED, IT'S VERY CRUCIAL, ALL THE MORE SO
WITH THE ADVENT OF VARIOUS FOREVER CHEMICALS. AND I ALSO WOULD BE
REMISS IF I DID NOT THANK THE SPEAKER FOR HEARING MY PLEA FOR ADDITIONAL
RESOURCES FOR THE ENVIRONMENTAL PROTECTION FUND. IT IS A GREAT THING TO
GET ADDITIONAL RESOURCES BECAUSE THOSE GO TO PROJECTS ALL OVER THE STATE,
EVERY ONE OF OUR DISTRICTS IS GOING TO SEE THE BENEFIT OF THE
ENVIRONMENTAL PROTECTION FUND. SO, I WITHDRAW MY REQUEST AND VOTE
IN THE AFFIRMATIVE.
ACTING SPEAKER HUNTER: THANK YOU. MS.
GLICK IN THE AFFIRMATIVE.
MS. SHIMSKY TO EXPLAIN HER VOTE.
MS. SHIMSKY: THANK YOU, MADAM SPEAKER.
WHEN YOU LET INFRASTRUCTURE INVESTMENTS GO OVER A PERIOD OF TIME, IT'S
VERY HARD TO CLAW THEM BACK AND GET THEM BACK INTO THE CONDITION THEY
SHOULD BE IN. THAT BEING SAID, THIS $800 MILLION IN ADDITIONAL
INVESTMENT IN OUR STATE ROADS AND BRIDGES WILL GO A LONG WAY IN GETTING
US STARTED ON THE, EXCUSE THE PUN, THE ROAD BACK. THE $50 MILLION IN
CHIPS FUNDING, WHICH WE WILL HAVE THIS YEAR AND NEXT YEAR, IT'S NOT
GOING TO PAVE A WHOLE LOT MORE STATE ROADS, BUT IT WILL -- OR LOCAL
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NYS ASSEMBLY MAY 8, 2025
ROADS, BUT IT WILL HELP OUR LOCAL GOVERNMENTS KEEP PACE WITH THE COST
OF LIVING, WHICH IS ALSO VERY IMPORTANT, AND AT LEAST THEY WON'T FALL
FURTHER BEHIND ON THEIR FEDERAL -- ON THEIR STATE AID. AND ALL OF THE
OTHER INFRASTRUCTURE INVESTMENTS WE HAVE IN HERE THAT WILL APPLY TO
CLEAN WATER, WASTEWATER, BUILDINGS, ENERGY EFFICIENCY, THESE ARE ALL
CRITICAL FOR OUR PEOPLE TO LIVE THE KIND OF LIVES THAT THEY SHOULD HAVE.
AND MANY OF THEM WILL ALSO END UP BEING COST-EFFECTIVE INCLUDING THE
-- AND PERHAPS ESPECIALLY, THE ENERGY EFFICIENCY ONES.
SO, I LOOK FORWARD TO VOTING FOR THIS BUDGET, AND
ESPECIALLY VOTING FOR THE CAPITAL PROJECTS BUDGET. THIS WILL GO A LONG
WAY. WE JUST HAVE TO REMEMBER THAT WE NOW NEED TO KEEP UP, YEAR
OVER YEAR, THE MOMENTUM TO MAKE SURE WE COULD BRING OUR
INFRASTRUCTURE BACK TO WHERE WE NEED IT TO BE. THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU. MS.
SHIMSKY IN THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: IF WE COULD CALL WAYS
AND MEANS AND RULES IN THE SPEAKER'S CONFERENCE ROOM IMMEDIATELY.
AND WHILE THEY'RE DOING THAT, IF YOU PUT THE HOUSE --
OUR HOUSE AT EASE.
ACTING SPEAKER HUNTER: WAYS AND MEANS TO
THE SPEAKER'S CONFERENCE ROOM, WAYS AND MEANS TO THE SPEAKER'S
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NYS ASSEMBLY MAY 8, 2025
CONFERENCE ROOM.
ON A MOTION BY MRS. PEOPLES-STOKES, THE HOUSE WILL
STAND AT EASE.
(WHEREUPON, THE HOUSE STOOD AT EASE AT 6:49 P.M.)
************************
(WHEREUPON, THE HOUSE WAS CALLED BACK TO ORDER AT
7:21 P.M.)
ACTING SPEAKER HUNTER: THE HOUSE WILL
COME TO ORDER.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU. MEMBERS
HAVE ON THEIR DESK A B-CALENDAR. I'D LIKE TO MOVE THAT B-CALENDAR.
ACTING SPEAKER HUNTER: ON A MOTION BY
MRS. PEOPLES-STOKES, THE B-CALENDAR IS ADVANCED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU. IF WE COULD
BRING OUR ATTENTION RIGHT TO PAGE 3, WE'RE GONNA BEGIN WITH RULES
REPORT NO. 185 STRAIGHT THROUGH TO RULES REPORT NO. 187. WE'RE
GONNA START AT NO. 187, I'M SORRY, MADAM SPEAKER. WE'RE GONNA START
WITH NO. 187, THEN WE'RE GONNA GO TO NO. 185, AND IMMEDIATELY
FOLLOWING THAT, NO. 186.
ACTING SPEAKER HUNTER: THANK YOU, MA'AM.
PAGE 3, RULES REPORT NO. 187, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A03003-D, RULES
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NYS ASSEMBLY MAY 8, 2025
REPORT NO. 187, BUDGET BILL. AN ACT TO MAKING APPROPRIATIONS FOR THE
SUPPORT OF GOVERNMENT, AID TO LOCALITIES BUDGET.
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: WHY, YES, MADAM SPEAKER. GOOD
EVENING, AGAIN. THIS BILL WOULD ENACT THE AID TO LOCALITIES BILL FOR OUR
STATE FISCAL YEAR 2025 THROUGH 2026, AND INCLUDES AN ALL-FUNDS
APPROPRIATION OF $231.1 BILLION. THE BILL AUTHORIZES DISBURSEMENTS OF
UP TO $85 BILLION FROM THE GENERAL FUND, AND UP TO $199.9 BILLION ON
AN ALL-FUNDS BASIS.
ACTING SPEAKER HUNTER: MR. RA.
MR. RA: THANK YOU, MADAM SPEAKER. WILL CHAIR
PRETLOW YIELD?
ACTING SPEAKER HUNTER: WILL THE CHAIR
YIELD?
MR. PRETLOW: ABSOLUTELY.
ACTING SPEAKER HUNTER: THE CHAIR YIELDS.
MR. RA: THANK YOU. SO, I WANNA START WITH THE
EDUCATION RELATED PROVISIONS. WE TALKED ON THE ELFA BILL ABOUT THE
CELLPHONE BAN. NOW, WE'RE DEALING WITH THE MONEY SIDE OF THIS. SO,
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WE ARE ACCEPTING THE -- THE NUMBER THAT THE GOVERNOR HAD PROPOSED IN
HER EXECUTIVE BUDGET OF $13.5 MILLION?
MR. PRETLOW: YES.
MR. RA: IS THAT CORRECT?
MR. PRETLOW: YES.
MR. RA: SO, WE HEARD FROM A LOT OF STAKEHOLDERS IN
THE BUDGET HEARING THAT THEY DIDN'T FEEL LIKE THAT WAS GONNA BE
SUFFICIENT FOR IMPLEMENTING THIS. DO WE HAVE ANY SENSE ON WHAT THE
AVERAGE COST ON THE SCHOOL BUILDING LEVEL IS GONNA BE TO IMPLEMENT --
MR. PRETLOW: I REALLY HAVE NO IDEA WHAT THE COST
WOULD BE BECAUSE IT COULD BE ANYWHERE FROM ZERO, WHICH JUST TELLS THE
YOUNG PEOPLE TO LEAVE THEIR PHONES HOME, TO $30 PER PHONE. WE KNOW
SOME SCHOOL DISTRICTS WANT TO PURCHASE LITTLE RADIO-PROOF BAGS TO PUT
CELLPHONES IN. SO, THERE'S -- AND SINCE WE'RE LEAVING IT UP TO EACH OF
THE INDIVIDUAL DISTRICTS IN THE STATE, THERE'S REALLY -- THERE'S NO HARD
NUMBER THAT YOU CAN USE.
MR. RA: OKAY. DO WE KNOW HOW WE WILL GO ABOUT
ALLOCATING THIS $13.5 BILLION TO SCHOOLS AROUND THE STATE?
MR. PRETLOW: NO. I CAN'T -- WE'RE NOT GONNA
DETERMINE THAT. THAT'LL GO THROUGH THE -- I THINK IT'LL GO THROUGH THE
EXECUTIVE TO SED.
MR. RA: OKAY. AND ARE -- ARE THERE ANY SPECIFIC
RESTRICTIONS ON WHAT THE FUNDING CAN BE USED FOR? YOU KNOW, IS -- IS IT
SPELLED OUT IN ANY WAY THAT YOU CAN BUY POUCHES, YOU CAN BUY CUBBIES,
OR -- OR IS IT MORE OPEN-ENDED IF A DISTRICT WERE TO COME WITH SAY THIS IS
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HOW WE'RE HANDLING THIS, WHATEVER THAT EXPENSE WOULD BE -- MIGHT BE
ELIGIBLE?
MR. PRETLOW: YEAH. I THINK I -- I JUST STATED IT
WOULD BE OPEN-ENDED BECAUSE EACH DISTRICT WILL HAVE A DIFFERENT WAY
TO HANDLE IT.
MR. RA: OKAY.
THE UNIVERSAL FREE SCHOOL MEALS. DO WE HAVE ANY
SENSE -- OBVIOUSLY THIS IS AN INITIATIVE THAT HAS BEEN TALKED ABOUT FOR
THE LAST SEVERAL YEARS. WE'VE PUT MONEY TOWARDS IT, THIS YEAR IT'S FULLY
FUNDED. BUT AS YOU'RE AWARE, THERE HAS BEEN SOME TALK ABOUT THE
FEDERAL LEVEL, SOME FUNDING MIGHT BE LOST. DO WE KNOW HOW MUCH
FUNDING COULD BE LOST FROM THE FEDERAL LEVEL AND HOW THAT WOULD
IMPACT THIS PROGRAM?
MR. PRETLOW: WE -- WE HAVEN'T REALLY DETERMINED
THAT. I MEAN, THAT'S -- I MEAN I'VE STATED IN PREVIOUS CONVERSATIONS WITH
INDIVIDUALS IN THIS HOUSE THAT A LOT OF THIS IS OPERATING ON RUMOR AS TO
WHAT WE THINK THE FEDERAL GOVERNMENT IS GOING TO DO. WE'VE DONE THIS
BUDGET BASED ON WHAT WE KNOW TO BE THE TRUE AND PROPER BUDGET, AND
NOTWITHSTANDING ANY POTENTIAL CUTS, WHICH I'M STILL CONSIDERING RUMORS.
AND AS I ALSO STATED EARLIER, WE'RE DEPENDING ON OUR COLLEAGUES IN
WASHINGTON, D.C. NOT TO ALLOW SOME OF THE DRACONIAN CUTS THAT PEOPLE
ARE TALKING ABOUT HAPPENING TO THE STATE OF NEW YORK.
MR. RA: THE -- THIS -- THIS BILL, THOUGH, DOES CONTAIN
PROVISIONS LIKE THE PRIOR APPROPRIATION BILL WITH REGARD TO AUTH --
AUTHORITY FOR THE DIRECTOR OF BUDGET TO MAKE ADJUSTMENTS UP TO $2
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BILLION.
MR. PRETLOW: UP -- UP TO $2 BILLION, YES.
MR. RA: OKAY. THANK YOU. AND IT'S -- AND IT'S THE
SAME LANGUAGE, SAME PROVISIONS WITH REGARD TO THE --
MR. PRETLOW: YES.
MR. RA: -- THE LEGISLATURE'S ROLE AND -- AND ALL THAT?
MR. PRETLOW: YES. TEN -- TEN DAYS FOR THE
LEGISLATURE TO MAKE A DETERMINATION WHETHER WE ACCEPT THOSE CUTS OR
NOT, OR IF WE DON'T ACCEPT THEM, TO RECOMMEND OUR OWN CUTS.
MR. RA: WOULD -- WOULD -- WOULD THIS TYPE OF
FUNDING FALL UNDER THAT EXCEPTION LANGUAGE FROM -- FROM THAT TYPE OF
ADJUSTMENT?
(CONFERENCING)
MR. PRETLOW: POSSIBLY.
MR. RA: SO, WE'RE -- WE'RE NOT -- WE'RE NOT SURE
WHETHER IT DOES?
MR. PRETLOW: WE'RE NOT 100 PERCENT SURE, NO.
MR. RA: OKAY. PRIOR YEAR CLAIMS, WE'VE TALKED
ABOUT THIS FOR MANY YEARS. THERE'S BEEN TIMES IN -- IN BUDGET
PROPOSALS THAT WE'VE -- WE'VE PROPOSED PAYING THESE PRIOR YEAR CLAIMS.
AS WE KNOW, MANY TIMES OUR COLLEAGUES WHO HAVE HAD TO ADVANCE
THOSE TYPE OF BILLS HAVE GOTTEN VETOED. THERE'S NO FUNDING IN THIS
BUDGET FOR PRIOR YEAR (INDISCERNIBLE) CLAIMS, CORRECT?
MR. PRETLOW: CORRECT.
MR. RA: AND THEN OUR SPECIAL EDUCATION SCHOOLS.
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DO WE HAVE ANY PROVISIONS SPECIFICALLY TO HELP SPECIAL EDUCATION
SCHOOLS BETTER RETAIN STAFF?
MR. PRETLOW: WE -- WE DID -- WE DID -- WE
INCLUDED A COLA, I BELIEVE.
MR. RA: OKAY. AND ARE WE DOING ANYTHING WITH
REGARD FOR A MORE PREDICTABLE TUITION GROWTH RATE FOR THESE SCHOOLS?
(CONFERENCING)
MR. PRETLOW: WELL, THERE'S A STUDY THAT'S IN
PROGRESS NOW, AND WE'RE WAITING FOR THE RESULTS OF -- OF THAT STUDY
BEFORE WE MAKE ANY PERMANENT MOVES.
MR. RA: AND THE PROPOSAL THAT HAS BEEN BROUGHT TO
US BY ADVOCATES WITH REGARD TO THE 4201 SCHOOLS TO ALLOW THEM TO
RETAIN A FUND BALANCE LIKE WE ALLOW FOR ALL OTHER SCHOOLS IN NEW YORK
STATE, ARE WE DOING ANYTHING WITH THAT IN THIS BILL?
MR. PRETLOW: THAT WAS NOT INCLUDED.
MR. RA: OKAY. IS THAT SOMETHING WE CAN PERHAPS
LOOK AT POST-BUDGET IN A STANDALONE PIECE OF LEGISLATION?
MR. PRETLOW: ABSOLUTELY.
MR. RA: AND DOES THIS BUDGET PROVIDE ANY FUNDING
FOR DIRECT SALARY INCREASES FOR THE TEACHERS AT THE 4201 SCHOOLS?
MR. PRETLOW: NO.
MR. RA: OKAY. THANK YOU.
THE PUBLIC CAMPAIGN FINANCE PROVISIONS. WE'RE
INCLUDING $100 MILLION FOR THE PUBLIC CAMPAIGN MATCHING FUNDS?
MR. PRETLOW: YES.
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NYS ASSEMBLY MAY 8, 2025
MR. RA: AND MY UNDERSTANDING IS AT THE END OF THE
CYCLE FOR 2024, THE CAMPAIGN FINANCE BOARD DISTRIBUTED
APPROXIMATELY $35 MILLION TO QUALIFYING CANDIDATES. YOU KNOW, MANY
OF OUR COLLEAGUES MAY HAVE UTILIZED THAT PROGRAM LAST FALL. WITH THE
EXPANSION OF MATCHABLE CONTRIBUTIONS THAT WE'RE DOING IN THIS BUDGET,
IS -- ARE WE INCREASING THE AMOUNT THAT WE'RE PUTTING OUT?
MR. PRETLOW: NO, WE'RE NOT INCREASING THE
AMOUNT. WE'RE JUST NOT PENALIZING INDIVIDUALS THAT ARE TAKING PART IN
THE PROGRAM IF THEY INADVERTENTLY OR RECEIVE EVEN AS A NOMINAL AMOUNT
OF MONEY OVER THE 250 MAXIMUM, FROM HAVING TO RETURN THE 250 -- YOU
KNOW, THE ENTIRE MATCHING AMOUNT. SO WHAT'S HAPPENING IS THE BASE
NUMBER DOES NOT CHANGE. IT'S STILL $250. BUT INDIVIDUALS THAT CAN
RECEIVE UP TO $1,050, IF AFTER THE MATCH IS MADE THEY RECEIVE EXTRA
FUNDING FROM A CONTRIBUTOR, AN INDIVIDUAL CONTRIBUTOR.
MR. RA: NOW, I -- WELL, I DON'T WANNA PUT WORDS IN
YOUR MOUTH, BUT I BELIEVE YOU -- YOU DID STATE ON THE PRIOR BILL THAT YOU
FELT THIS WOULD CAUSE THERE TO BE MORE FUNDS PAID OUT THROUGH THIS
PROGRAM.
MR. PRETLOW: WELL, IF THERE'S MORE FUNDS IT'S
BECAUSE FUNDS WEREN'T CLAWED BACK BY PEOPLE THAT INADVERTENTLY
RECEIVED EXTRA MONEY. THE BUDGETED AMOUNT, THOUGH, REMAINS THE
SAME.
MR. RA: OKAY. AND SO WE'RE GONNA HAVE NEXT YEAR,
AS YOU KNOW, IN ADDITION TO THE LEGISLATURE'S STATEWIDE CANDIDATES FOR
THE FIRST TIME WILL BE INCLUDED AS WELL.
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NYS ASSEMBLY MAY 8, 2025
MR. PRETLOW: STATEWIDE CANDIDATES HAVE BEEN
PART OF THIS PROGRAM FOR YEARS.
MR. RA: WELL, IT WILL BE THE FIRST CYCLE THEY'RE
ACTUALLY RUNNING WITH THE PUBLIC MATCHING FUNDS. THEY -- THEY HAVE
NOT BEEN -- THEY'VE BEEN ABLE TO OPT INTO THE PROGRAM OVER THE LAST
COUPLE OF YEARS, BUT THIS WILL BE THE FIRST TIME THEY'RE ACTUALLY BEING
ABLE TO GET FUNDS.
WHAT HAPPENS WITH REGARD TO THIS PROGRAM IF THIS
MONEY GETS EXHAUSTED? IS -- IS THIS PROGRAM TREATED BASICALLY AS AN
ENTITLEMENT, THAT MONEY WOULD HAVE TO COME FROM THE GENERAL FUND TO
COVER A SHORTFALL?
MR. PRETLOW: WELL, IT'LL BE AUTOMATICALLY
TRANSFERRED FROM ANOTHER FUND TO FILL IT. BUT WE FEEL THE $100 MILLION IS
SUFFICIENT.
MR. RA: OKAY.
I'M GONNA TO SHIFT TO HIGHER EDUCATION. WE -- WE
TALKED A LITTLE BIT ABOUT THIS PROGRAM, THE OPPORTUNITY SCHOLARSHIP. WE
INCLUDED 14.1 MILLION AND 21.1 MILLION FOR THE SCHOLARSHIP AND FOR
CUNY AND SUNY. SO DO WE HAVE ANY SENSE -- I KNOW WE ASKED THIS
EARLIER -- OF HOW MANY STUDENTS MIGHT BENEFIT FROM THIS?
MR. PRETLOW: I'M SORRY, I DIDN'T HEAR YOU.
MR. RA: THE PROMISE SCHOLARSHIP. HOW MANY
STUDENTS WE THINK ARE GOING TO BE ABLE TO TAKE ADVANTAGE OF THIS
FUNDING?
MR. PRETLOW: OKAY. THAT'S A NUMBER THAT WE
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NYS ASSEMBLY MAY 8, 2025
CAN'T DETERMINE THE EXACT AMOUNT. IT DEPENDS ON THE NUMBER OF
STUDENTS THAT DO APPLY FOR IT AND WHAT THE CRITERIA IS FOR THE
APPLICATIONS.
MR. RA: OKAY. AND THEN WITH REGARD TO CUNY AND
SUNY COMMUNITY COLLEGE BASE AID, WE HAVE INCREASES FOR -- FOR THOSE,
RESPECTIVELY?
MR. PRETLOW: YES. THERE'S AN ADDITIONAL $8
MILLION BASE AID FOR SUNY AND A $5.3 MILLION BASE AID INCREASE FOR
CUNY.
MR. RA: AND ARE WE -- I KNOW IN THE PAST WE HAVE
HAD NUMBERS FROZEN FROM PRIOR -- FROM PRIOR YEARS BECAUSE OF SOME
LOSS IN ENROLLMENT. WHAT -- WHAT ARE WE BASING THE ENROLLMENT
NUMBERS FOR PURPOSES OF AID FOR THE COMMUNITY COLLEGES?
MR. PRETLOW: SAME BASE AS LAST YEAR.
MR. RA: OKAY.
AND THEN TAP. YOU KNOW, WE MADE SOME LARGE
INVESTMENTS IN TAP LAST YEAR. HOW MUCH IS BEING ALLOCATED TO FILL THE
TAP GAP?
(CONFERENCING)
MR. PRETLOW: I BELIEVE IT'S 60- AND 50-, ABOUT
$100 MILLION.
MR. RA: OKAY. AND WERE THERE ANY DISCUSSIONS,
BECAUSE, YOU KNOW, WE HAD --WE HAD FINALLY PUT (INDISCERNIBLE) -- PUT
THOSE BACK TOGETHER AND NOW, YOU KNOW, AFTER A COUPLE OF YEARS THAT
NUMBER IS STARTING TO GROW AGAIN. HAS THERE HAVE BEEN ANY DISCUSSIONS
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NYS ASSEMBLY MAY 8, 2025
OF SIMPLY LINKING TAP AWARDS TO SUNY TUITION SO THAT WE WON'T HAVE
TO MAKE SEPARATE APPROPRIATIONS TO FILL THE TAP GAP?
MR. PRETLOW: THAT'S -- THAT'S NOT IN THIS BUDGET.
MR. RA: OKAY.
THE HOUSING PROVISIONS. THE GOVERNOR HAD PROPOSED
A $50 MILLION FUND TO HELP FIRST-TIME HOME BUYERS. AM I CORRECT THAT IS
NOT INCLUDED IN THIS FINAL BUDGET?
MR. PRETLOW: THAT'S CORRECT.
MR. RA: NOW, WE ALSO HAVE A $50 MILLION
APPROPRIATION FOR SOMETHING CALLED THE HOUSING ACCESS VOUCHER
PROGRAM. IS THAT RELATED THAT THAT IS BEING FUNDED INSTEAD OF THIS OR IS
THIS A TOTALLY SEPARATE --
MR. PRETLOW: TOTALLY SEPARATE.
MR. RA: -- INITIATIVE?
MR. PRETLOW: IT'S TOTALLY SEPARATE.
MR. RA: AND -- AND WHO WILL BENEFIT FROM THE
HOUSING ACCESS VOUCHER PROGRAM IN THIS $50 MILLION?
MR. PRETLOW: WELL, THE ELIGIBLE INDIVIDUALS AND
FAMILIES ARE HOMELESS, AT RISK OF HOMELESSNESS, AND PEOPLE WITH
INCOMES WITH NO MORE THAN 50 PERCENT OF AMI.
MR. RA: DO WE KNOW HOW THIS WILL BE DISTRIBUTED IN
TERMS OF REGION OF THE STATE? IS THERE ANY ALLOCATION SPECIFICALLY FOR
NEW YORK CITY, OUTSIDE NEW YORK CITY?
MR. PRETLOW: IT'S ALLOCATED -- ALLOCATED BY COUNTY
BASED ON THE NUMBER OF PEOPLE THAT ARE HOUSING-CHALLENGED.
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NYS ASSEMBLY MAY 8, 2025
MR. RA: OKAY. AND HOW DOES THE VOUCHER PROGRAM
WORK? IS -- IS THE LOCAL ADMINISTRATOR WHO'S ADMINISTERING THIS GIVING
IT DIRECTLY TO THE LANDLORD OR IS THE TENANT RESPONSIBLE FOR GETTING THE
VOUCHER AND THEN -- AND THEN PAYING IT TO THE LANDLORD?
MR. PRETLOW: THE RENT GOES TO THE LANDLORD.
MR. RA: GOES DIRECTLY TO THE LANDLORD.
I -- I WANT TO ASK ABOUT ANOTHER ISSUE WE TALKED ABOUT,
THE UNEMPLOYMENT INSURANCE ISSUE. WE HAD THE SWEEP AND TRANSFER IN
THE ELFA BILL, BUT THERE'S NO CORRESPONDING APPROPRIATION IN THE
UNEMPLOYMENT INSURANCE BENEFIT FUND IN AID TO LOCALITIES, WHICH IS
WHERE IT HAD BEEN LOCATED IN THE MAJORITY'S ONE-HOUSE. SO CAN YOU
TELL ME WHERE THAT APPROPRIATION IS FOR -- FOR THE UI DEBT?
MR. PRETLOW: IT'S AN AUTOMATIC TRANSFER, SO IT
DOESN'T NEED AN APPROPRIATION.
MR. RA: OKAY. SO THE STATE DOESN'T NEED TO DO AN
APPROPRIATION SEPARATELY?
MR. PRETLOW: NO.
MR. RA: AND THE 8 BILLION I THINK WAS THE NUMBER TO
BOTH PAY OFF THE FULL DEBT AND REPLENISH THE FUND WITH SUFFICIENT MONEY
SO THAT WE CAN MOVE FORWARD WITH INCREASING THE BENEFIT, CORRECT?
MR. PRETLOW: CORRECT.
MR. RA: WHAT ARE THE MECHANICS OF ACTUALLY DOING
THIS? IS THE STATE IMMEDIATELY PAYING THIS AS A LUMP SUM TO THE FEDERAL
GOVERNMENT, OR WHAT'S THE TIMELINE FOR THAT TO BE DONE?
MR. PRETLOW: IT WILL BE PROBABLY BE MADE OVER A
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COUPLE OF PAYMENTS THROUGHOUT THE YEAR.
MR. RA: DO WE KNOW WHAT THE TIMELINE IS FOR THAT
TO HAPPEN?
MR. PRETLOW: WELL, THE FIRST PAYMENT WILL BE
MADE ON OR -- ON OR BEFORE JUNE 30TH, AND THEN WE'LL MAKE FOLLOWING
PAYMENTS MAYBE A QUARTER LATER.
MR. RA: OKAY. AND DOES TAKING THAT ACTION AND
PAYING -- PAYING THIS MAKE MOOT THE $165 MILLION FOR THE INSURANCE
ASSESSMENT SURCHARGE OR DO WE STILL NEED TO -- TO PAY THAT?
MR. PRETLOW: WELL, WE STILL HAVE TO PAY THE
INSURANCE FROM THE PRIOR YEAR.
MR. RA: OKAY. SO WE -- WE HAVE THE APPROPRIATION
FOR THAT 165 MILLION IN ONE OF THESE BUDGET BILLS?
MR. PRETLOW: YES.
MR. RA: WHICH -- WHICH BILL IS THAT IN?
MR. PRETLOW: STATE OPS.
MR. RA: THANK YOU. ALL RIGHT, SO WE'LL SEE THAT IN
THE NEXT BILL. OKAY.
THE CHILDCARE ASSISTANCE PROGRAM. THERE WAS SOME
REPORTING RECENTLY ABOUT NEW YORK CITY AND OTHER COUNTIES ANNOUNCED
THAT THEY HAD ALREADY CLOSED THE CHILD CARE ASSISTANCE PROGRAM TO
ACCEPTING NEW APPLICANTS. MY UNDERSTANDING IS WE ARE INCREASING THE
FUNDING FOR THAT IN THIS BUDGET?
MR. PRETLOW: YES, BY $400 MILLION.
MR. RA: OKAY. NOW, IS THIS GOING TO BE SUFFICIENT
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TO ALLOW NEW YORK CITY TO REOPEN THE APPLICATIONS? THEY SAID THEY
NEEDED OVER $800 MILLION FOR THE PROGRAM.
MR. PRETLOW: I -- I BELIEVE SO. YOU KNOW, 350
MILLION FOR CHILD CARE SUBSIDIES OF SOCIAL SERVICES DISTRICTS STATEWIDE
WILL BE MATCHED ONE-FOR-ONE BY LOCAL DISTRICTS WHICH MUST BE MATCHED
ONE -- BY ONE -- ONE-FOR-ONE BY LOCAL DISTRICTS WITH PRIORITY GIVEN TO
NEW YORK CITY.
MR. RA: OKAY. SO THE $413 MILLION --
MR. PRETLOW: SO THAT WOULD BE 750 MILLION -- I'M
SORRY, I CUT YOU OFF.
MR. RA: THE -- THE INCREASE OF $413 MILLION, IS ANY
OF THIS FOR OUTSIDE OF NEW YORK CITY OR IS THAT ALL FOR THE PROGRAM
WITHIN NEW YORK CITY?
MR. PRETLOW: FIFTY MILLION.
MR. RA: FIFTY MILLION IS FOR OUTSIDE NEW YORK CITY.
MR. PRETLOW: OUTSIDE.
MR. RA: THANK YOU.
ONE OF THE CONCERNS WE'VE HEARD OUTSIDE OF NEW
YORK CITY AND IN UPSTATE COUNTIES IN PARTICULAR IS -- IS ABOUT HAVING TO
CLOSE THE PROGRAM TO NEW APPLICANTS BECAUSE OF HAVING TO PROVIDE THE
CHILD CARE ASSISTANCE ON A FIRST COME, FIRST SERVED BASIS RATHER THAN
PRIORITIZING THAT THE MOST NEEDY APPLICATIONS, THE MOST NEEDY
APPLICANTS GET -- GET THE FUNDING. IS THERE ANY SUPPORT TO ALLOW LOCAL
SERVICE -- SOCIAL SERVICE DISTRICTS TO PRIORITIZE APPLICANTS IN THAT WAY AS
OPPOSED TO PAYING THIS OUT ON A FIRST COME, FIRST SERVED BASIS?
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NYS ASSEMBLY MAY 8, 2025
MR. PRETLOW: THE GOVERNOR PUT OUT PROPOSALS
(INDISCERNIBLE) $1 MILLION FOR A STUDY TO SEE HOW WE CAN MAKE THIS
MORE SUSTAINABLE.
MR. RA: OKAY.
RAISE -- RAISE THE AGE. THIS BUDGET, FROM WHAT I CAN
SEE, INCLUDES THE $250 MILLION FUNDING?
MR. PRETLOW: YES. AND THERE IS NO INCREASE IN
THIS BUDGET FOR RAISE THE AGE.
MR. RA: OKAY. NOW, THERE WAS WHAT I FOUND TO BE A
BIT OF AN ALARMING REPORT LAST YEAR WITH REGARD TO HOW MUCH MONEY IS
SITTING UNUSED WITH REGARD TO THIS ISSUE. CAN YOU GIVE US AN UPDATE
ABOUT THAT? THERE WAS SUPPOSEDLY AROUND $980 MILLION THAT HAD BEEN
SITTING UNUSED FOR THIS PROGRAM. DO WE HAVE ANY SENSE AS TO WHERE
THAT STANDS AND IF THAT MONEY HAS STARTED TO BE UTILIZED?
MR. PRETLOW: ARE YOU REFERRING TO REAPPROPRIATED
FUND -- FUNDING?
MR. RA: YES.
MR. PRETLOW: WELL, THE COUNTIES -- WE PAY THE
COUNTIES AS THEY SUBMIT INVOICES TO US. IT SEEMS THAT MANY COUNTIES
AREN'T PARTICIPATING, SO THE FUNDS THAT WERE SET ASIDE FOR THEM ARE NOT
BEING USED.
MR. RA: MY UNDERSTANDING THAT IS THEY HAVE
CONCERNS BECAUSE THEY HAVE TO, YOU KNOW, BUILD THE INFRASTRUCTURE FIRST
AND THEN -- AND THEN GET THE MONEY.
MR. PRETLOW: RIGHT.
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MR. RA: SO I -- I THINK WE MAY HAVE SOME WORK TO
DO TO TRY TO FIGURE OUT HOW TO PUT THESE TWO THINGS TOGETHER. WE'VE HAD
THIS POLICY ON THE BOOKS FOR MANY YEARS, AND OBVIOUSLY THAT'S A LOT OF
MONEY TO BE SITTING OUT THERE THAT COULD BE USED TO -- TO REALLY HELPING
MAKE SURE WE GET SERVICES FOR INDIVIDUALS AND, YOU KNOW, AND PUT
THEM ON -- ON A BETTER TRACK IN THEIR LIFE. SO THAT -- THAT'S IT ON THAT ONE.
PUBLIC PROTECTION. WE HAD TALKED ABOUT EARLIER IN THE
YEAR AND THE GOVERNOR MENTIONED THIS, I BELIEVE, IN HER STATE OF THE
STATE AND THEN IN THE BUDGET THAT $77 MILLION HAS BEEN NOW PROVIDED
TO THE NYPD FOR INCREASED NIGHTTIME PATROLS OF THE SUBWAY SYSTEM.
MR. PRETLOW: YES.
MR. RA: DO WE KNOW WHEN THIS FUNDING WILL TAKE
EFFECT FOR SIX MONTHS?
MR. PRETLOW: IT'S ALREADY STARTED, TO MY
KNOWLEDGE.
MR. RA: OKAY. AND RIGHT NOW, DO WE HAVE DATA
SHOWING THE IMPACT OF DOING THESE OVERNIGHT PATROLS?
MR. PRETLOW: NO.
MR. RA: DO -- DO WE ENVISION THAT THIS WOULD BE
SOMETHING THAT THE STATE WOULD CONTINUE TO FUND AFTER THE SIX MONTHS
OR WOULD IT UP TO NEW YORK CITY TO ALLOCATE RESOURCES TO DO THAT?
MR. PRETLOW: I BELIEVE THAT THE STATE WILL
CONTINUE TO FUND THIS. MAYBE NOT AT THE SAME LEVEL; MAYBE MORE,
MAYBE LESS. BUT I'M PRETTY SURE THAT THE STATE, WHICH HAS INVESTED
HEAVILY IN THE CITY, WILL CONTINUE.
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MR. RA: OKAY.
THE DISCOVERY FUNDING. WE HAVE $15 MILLION IN
ADDITIONAL FUNDING AS PART OF THE TOTAL OF $135 MILLION FOR DISCOVERY?
MR. PRETLOW: YES.
MR. RA: WHAT, IF ANY, IMPACT ARE THE CHANGES THAT
WE MADE IN THE PRIOR BILL HAVING ON THAT? IS THERE ANY PRIORITIZATION
WITH REGARD TO PROVIDING FUNDING TO MAKE SURE THAT THESE CHANGES ARE
ROLLED OUT?
MR. PRETLOW: THE FUNDING IS GIVEN TO THEM WITH
NO STRINGS ATTACHED.
MR. RA: OKAY. AND HOW IS THAT ALLOCATED
THROUGHOUT THE STATE?
MR. PRETLOW: $45 MILLION FOR NEW YORK CITY
PROSECUTION, $45 MILLION FOR ROS PROSECUTION AND $45 MILLION FOR THE
DEFENSE. ROS IS THE REST OF THE STATE.
MR. RA: OKAY. AND THEN THE LOCAL CRIME REDUCTION.
THERE WAS A EXECUTIVE BUDGET PROPOSAL THAT -- FOR $10 MILLION IN NEW
FUNDING FOR EFFORTS FOCUSED ON SUPPORTING LOCAL CRIME REDUCTION.
THOSE FUNDS ARE NOT IN THE FINAL BUDGET?
MR. PRETLOW: THAT IS CORRECT.
MR. RA: OKAY. AND IS THERE ANY FURTHER FUNDING
WITH REGARD TO THE INITIATIVE THAT WAS UNDERTAKEN LAST YEAR WITH REGARD
TO FUNDING FOR RETAIL THEFT AND LOCAL CRIME?
MR. PRETLOW: I DON'T BELIEVE SO.
MR. RA: ON THE TRANSPORTATION SIDE OF THINGS. MY
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UNDERSTANDING IS THE MTA IS GETTING $4.4 BILLION IN OPERATING AID,
CORRECT?
MR. PRETLOW: YES.
MR. RA: OKAY. AND THAT'S IN ADDITION TO THE $6
BILLION WE HAVE IN THE CAPITAL, THE NEW REVENUE FROM THE CHANGE IN THE
MTA PAYROLL TAX, AND CONGESTION PRICING. DO WE HAVE ANY SENSE --
OBVIOUSLY THE CONGESTION PRICING, SOME OF THESE OTHER THINGS ON THE
CAPITAL SIDE. DO WE HAVE ANY SENSE AS TO WHERE THIS LEAVES THE MTA
IN TERMS OF THEIR OPERATING BUDGET, HAVING THIS $4.4 BILLION AND THE
ADDITIONAL 1.4 THAT THEY'RE GONNA GET FROM THE MTA PAYROLL TAX
CHANGE? I BELIEVE THAT IS -- IS THAT FOR CAPITAL OR IS THAT FOR OPERATING?
MR. PRETLOW: THAT WAS OPERATING, AND THEY'RE
FULLY FUNDED FOR THE REST OF THE YEAR.
MR. RA: SO THEY ARE -- THEY DO NOT HAVE AN
OPERATING DEFICIT --
MR. PRETLOW: NO, THEY DON'T.
MR. RA: -- WITH THIS INFLUX OF FUNDS. OKAY. THANK
YOU.
AND THEN IN TERMS OF NON-MTA SYSTEMS, BOTH UPSTATE
AND DOWNSTATE, CAN YOU TELL ME WHAT FUNDING INCREASES WE'RE GIVING TO
THOSE TRANSIT SYSTEMS, NON-MTA?
MR. PRETLOW: THERE'S $5 MILLION FOR THE UPSTATE.
MR. RA: AND IS THAT FOR SPECIFIC SYSTEMS, OR...
MR. PRETLOW: WELL, IT'S A TOTAL OF 349 MILLION. I
SHOULD HAVE...
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MR. RA: I THINK THAT IS IT. THANK YOU, MR. PRETLOW.
MADAM SPEAKER, ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. RA: THANK YOU. SO OBVIOUSLY THIS IS ONE OF
THOSE BILLS THAT MAKES UP REALLY THE BULK OF -- OF SPENDING THAT WE'RE
SENDING TO OUR LOCAL GOVERNMENTS, SENDING TO TRANSPORTATION SYSTEMS,
SPENDING ON ALL -- ALL TYPES OF DIFFERENT THINGS.
I -- I JUST WANT TO NOTE ONE PARTICULAR PIECE OF IT THAT I
-- THAT I MENTIONED EARLIER, AND THAT'S OUR SPECIAL EDUCATION --
EDUCATION INSTITUTIONS. YOU KNOW, EACH AND EVERY YEAR WE TALK ABOUT
RECORD SCHOOL AID AND, YOU KNOW, WE ALL WANT TO INVEST IN OUR SCHOOLS
IN OUR STATE. AND YES, WE HAVE SOME INCREASES IN -- IN OPERATING
INCREASE TO -- A RELATIVELY SMALL ONE -- BUT TO OUR 4201 SCHOOLS. BUT
THOSE SCHOOLS, AND IF YOU'VE EVER VISITED ONE, THEY'RE WONDERFUL PLACES.
THOSE SCHOOLS NEED ENHANCED SUPPORT FROM THE STATE. AND -- AND THE
SAME WITH THE 853 SCHOOLS. WE HAVE THIS STUDY THAT'S ONGOING TO
CHANGE THE -- TO FIX THE RATE METHODOLOGY, I SHOULD SAY. BUT THEY'VE
ALSO ASKED FOR HELP IN THE INTERIM SO THAT THEY CAN RECRUIT AND RETAIN
STAFF TO WORK WITH POPULATIONS THAT IN THE CASE OF THE 4201 SCHOOLS
HAVE LOW INCIDENTS OF DISABILITIES, IN THE CASE OF THE 853 SCHOOLS OFTEN
HAVE BEHAVIORAL PROBLEMS, MENTAL HEALTH ISSUES, AND ARE NOT ABLE TO BE
SERVED BY OUR LOCAL PUBLIC SCHOOLS. BUT MAKE NO MISTAKE, THESE ARE
PUBLIC SCHOOLS. SO I HOPE THAT IN THE FUTURE WE CAN FIND WAYS TO
PROVIDE SOME DIRECT SUPPORT TO THEM IN TERMS OF RECRUITING TEACHERS,
RETAINING TEACHERS AND STAFF, AND MAKING SURE THAT THEY ALSO -- WHEN WE
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LOOK AT A BUDGET AND SAY WE INCREASED SCHOOL AID BY X-NUMBER OF
DOLLARS OR X-PERCENTAGE, THAT THAT IS ALSO GOING TO THOSE STUDENTS AS
WELL BECAUSE THEY DESERVE NOTHING LESS THAN WHAT THE REST OF OUR
STUDENTS ARE GETTING IN NEW YORK STATE.
THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MR. JENSEN.
MR. JENSEN: THANK YOU -- THANK YOU, MADAM
SPEAKER. WILL THE HONORABLE MEMBER FROM MOUNT VERNON YIELD FOR
SOME QUESTIONS?
ACTING SPEAKER HUNTER: WILL THE CHAIR
YIELD?
MR. PRETLOW: YES.
ACTING SPEAKER HUNTER: THE CHAIR YIELDS.
MR. JENSEN: THANK YOU VERY MUCH, MR. PRETLOW.
AND AS HAS PREVIOUSLY BEEN BROUGHT UP THROUGHOUT
THE BUDGET PROCESS BY MY FRIEND, THE GENTLEMAN FROM GARDEN CITY,
MUCH OF THE DETAILED INFORMATION REGARDING MEDICAID FUNDING HAS NOT
BEEN EXPLICITLY STATED EITHER IN BILL TEXT OR IN THE APPROPRIATION
LANGUAGE. PRIOR TO THIS BILL COMING TO THE FLOOR, HAVE WE SEEN A
FINANCIAL PLAN OR A PUBLICLY-AVAILABLE MEDICAID SCORECARD?
MR. PRETLOW: YES, WE HAVE.
MR. JENSEN: WHAT WAS THAT, MR. PRETLOW? I'M
SORRY.
MR. PRETLOW: YES, WE HAVE.
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MR. JENSEN: WE HAVE?
MR. PRETLOW: YES.
MR. JENSEN: OH, THAT'S INTERESTING. OKAY.
(LAUGHTER)
I HAVE NOT SEEN THE MEDICAID SCORECARD AS I HAVE BEEN
SITTING HERE LISTENING TO THE TREMENDOUS CONVERSATIONS JUST BETWEEN
YOURSELF AND THE GENTLEMAN FROM FRANKLIN SQUARE.
(LAUGHTER)
COULD YOU PROVIDE --
MR. PRETLOW: AFTER THIS -- AFTER WE FINISH THE
BUDGET PROCESS THIS EVENING COME TO MY OFFICE AND I WILL GIVE YOU A
COPY.
MR. JENSEN: IT'S A -- IT'S A DATE, MR. PRETLOW.
SO SINCE I HAVE NOT SEEN IT YET, BUT I LOOK FORWARD TO,
COULD YOU PROVIDE ME WITH THE STATUS FOR SOME OF THE FOLLOWING
EXECUTIVE ADMINISTRATIVE MEDICAID PROPOSALS, STARTING WITH THE
ELIMINATION OF FUNDING FOR THE MEDICAID -- MANAGED LONG-TERM CARE
QUALITY POOL?
MR. PRETLOW: NO CHANGE FROM THE GOVERNOR.
MR. JENSEN: NO CHANGE FROM THE GOVERNOR?
MR. PRETLOW: NO.
MR. JENSEN: OKAY. HOW ABOUT THE INSTITUTION OF A
HARD ENROLLMENT CAP ON THE NURSING HOME TRANSITION DIVERSION
WAIVER?
MR. PRETLOW: THAT ALSO IS NO CHANGE FROM THE
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GOVERNOR.
MR. JENSEN: NO CHANGE. ALL RIGHT, TWO FOR TWO.
SHIFTING FUNDING FOR MANAGED CARE QUALITY POOL.
MR. PRETLOW: WELL, IT'S BEEN SHIFTED BUT THERE'S
NO CHANGE.
MR. JENSEN: WHERE HAS IT BEEN SHIFTED TO? I MEAN,
GOOD -- I WISH WE HAD A SEISMOGRAPH AT THE STATE MUSEUM TO KNOW
HOW THE GROUND BENEATH OUR -- OUR FEET MAY BE SHIFTING ON THIS
PARTICULAR TOPIC.
MR. PRETLOW: I THINK IT WAS SHIFTED TOWARDS THE
MTO [SIC] TAX. I SAID MCO.
MR. JENSEN: OH, MCO TAX?
MR. PRETLOW: YES.
MR. JENSEN: OKAY.
AND THEN CHHAS, THE CERTIFIED HOME HEALTH
AGENCIES. ONCE AGAIN, CHHAS, BECAUSE IT'S FUN TO SAY IT. CHHAS.
MR. PRETLOW: THERE'S NOTHING IN THIS BUDGET.
MR. JENSEN: NOTHING IN RELATION TO CHHAS.
OKAY.
SIMILAR TO SOME PREVIOUS QUESTIONS, AND YOU JUST
MENTIONED THE MCO TAX, SEVERAL OF INVEST -- SEVERAL INVESTMENTS OF THE
MANAGED CARE ORGANIZATION TAX WERE INCLUDED IN THE EXECUTIVE BUDGET
FINANCIAL PLAN, AND HAVE NOT BEEN OUTLINED IN ARTICLE VII OR
APPROPRIATION LANGUAGE. COULD YOU PROVIDE A BREAKDOWN OF MCO TAX
INVESTMENTS THAT ARE NOT INCLUDED IN ARTICLE VII LANGUAGE?
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MR. PRETLOW: THE MCO TAX INVESTMENTS FOR
HOSPITALS IS $305 MILLION; NURSING HOMES, ASSISTED LIVING PROGRAMS AND
HOSPICE IS $200 MILLION; FISCAL FEE SCHEDULE IS $50 MILLION; THE ENACTED
HOSPITALS, $305 MILLION; NURSING HOMES, ASSISTED LIVING PROGRAMS AND
HOSPICE, $230 MILLION; PHYSICIAN FEE SCHEDULE IS $50 MILLION;
MAINSTREAM MANAGED CARE QUALITY POOL IS $50 MILLION; SAFETY NET
TRANSFORMATION PROGRAM IS $300 MILLION; CLINICS AND FEDERALLY-
QUALIFIED HEALTH CENTERS IS $20 MILLION; FQHC VALUE-BASED PAYMENTS
OF $15 MILLION; GLOBAL CAP OFFSET IS $500 MILLION, FOR A TOTAL OF $1.470
BILLION.
MR. JENSEN: OKAY. THANK YOU VERY MUCH, MR.
PRETLOW, FOR THE VERY COMPREHENSIVE LISTING. I APPRECIATE IT.
LAST YEAR IN THE ENACTED BUDGET THERE WAS A 10
PERCENT MEDICAID CAPITAL REDUCTION. WAS THAT RESTORED IN THIS YEAR'S --
MR. PRETLOW: NO, IT WASN'T.
MR. JENSEN: IT WASN'T? OKAY.
SHIFTING A LITTLE BIT BUT STILL IN MEDICAID, I UNDERSTAND
IN THIS BUDGET BILL WE DO HAVE A BREAKDOWN OF MEDICAID ALLOCATIONS
ASSIGNED TO THE DEPARTMENT OF HEALTH WHEN IT COMES TO THE GENERAL
FUND, FEDERAL FUNDS WE RECEIVED, HEALTHCARE, THE HCRA INDIGENT CARE
ACCOUNT, HCRA RESOURCE FUND, HEALTHCARE STABILITY FUND AND
MISCELLANEOUS SPECIAL REVENUE. BUT WOULD YOU BE ABLE TO SHARE WITH
ME THE BREAKDOWN OF ALL FEDERAL, STATE AND LOCAL MEDICAID ALLOCATIONS
ACROSS ALL STATE AGENCIES?
MR. PRETLOW: DO YOU WANT THE EFFECTIVE OR THE
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ENACTED -- THE EXECUTIVE OR THE ENACTED?
MR. JENSEN: I WOULD LIKE ENACTED, PLEASE.
MR. PRETLOW: OKAY. FOR THE GENERAL FUND IT'S
$30,380,914,000; THE SPECIAL REVENUE IS $9,454,960,000; THE SPECIAL
REVENUE FEDERAL IS $69,784,188,000, FOR TOTALS OF $109,620,000,62,000.
MR. JENSEN: THANK YOU, MR. PRETLOW.
I WANT TO VISIT A TOPIC THAT MY FRIEND, THE GENTLEMAN
FROM YORKTOWN, BROUGHT UP YESTERDAY IN RELATION TO THE MEDICAL
INDEMNITY FUND. THIS LEGISLATION INCLUDES $211 MILLION FOR THE MIF,
WHICH IS A $159 MILLION INCREASE FROM LAST YEAR, AND ENHANCED RATES FOR
THE MIF ARE ALSO EXTENDED UNTIL JUNE OF NEXT YEAR. AND ALTHOUGH THIS
FUNDING IS WELCOME, ARE THESE FUNDING LEVELS SUSTAINABLE WITHOUT
PROGRAMMATIC CHANGES TO THE FUND?
MR. PRETLOW: FOR ONE YEAR.
MR. JENSEN: NOT -- SO WE'RE NOT GONNA MAKE ANY
PROGRAMMATIC CHANGES?
MR. PRETLOW: NOT -- NOT -- NO.
MR. JENSEN: IS THIS SOMETHING THAT COULD BE DONE
OUTSIDE OF THE BUDGET WITH BIPARTISAN --
MR. PRETLOW: I BELIEVE SO.
MR. JENSEN: YOU BELIEVE SO OR YOU DON'T BELIEVE
SO?
MR. PRETLOW: I -- I DO BELIEVE SO.
MR. JENSEN: ALL RIGHT. I -- WE'LL DREAM IT, WE'LL
BELIEVE IT.
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NYS ASSEMBLY MAY 8, 2025
IS THIS FUNDING INTENDED TO BE THE FUNDING FLOOR FOR THE
FUND GOING FORWARD?
MR. PRETLOW: NO. WE HAVE TO LOOK AT THAT FOR
NEXT -- NEXT YEAR -- NEXT YEAR'S BUDGET.
MR. JENSEN: DO WE KNOW THE TOTAL OF MONEY OR
THE TOTAL AMOUNT OF FUNDING THAT WE NEED IN THE FUND TO SATISFY ALL
CLAIMS FROM CURRENT ENROLLEES IN THE MIF OR INDIVIDUALS WHO ARE
CURRENTLY IN THE PROCESS OF ENROLLING?
MR. PRETLOW: WELL, THAT VARIES FROM YEAR TO YEAR.
THERE'S REALLY NO WAY TO GET A HANDLE ON IT.
MR. JENSEN: OKAY.
MR. PRETLOW: BUT WE'RE LEAVING, LIKE, 200
MILLION.
MR. JENSEN: OKAY. FUNDS FOR INDEMNITY FUND ARE
DERIVED FROM HCRA. HOW ARE THE ADDITIONAL HCRA FUNDS FOR THE
MIF GENERATED?
MR. PRETLOW: THERE'S SOMETHING CALLED A HOSPITAL
QUALITY ASSESSMENT.
MR. JENSEN: FOR THE -- A QUALITY ASSESSMENT?
MR. PRETLOW: YES.
MR. JENSEN: OKAY.
MOVING ON TO THE OPIOID SETTLEMENT PAYMENT. THE
REAPPROPRIATIONS FOR THE OFFICE OF ADDICTION SERVICES AND SUPPORTS
INCLUDES A $54.9 MILLION PAYMENT TO PHARMACEUTICAL COMPANIES DUE TO
A MARCH OF THIS YEAR'S SETTLEMENT. IS THIS A REFUND DUE TO THE SETTLEMENT
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REGARDING THE OPIOID STEWARDSHIP ACT?
MR. PRETLOW: YES.
MR. JENSEN: OKAY. AND WILL THIS PAYMENT REMOVE
RESOURCES FROM ADDITION PREVENTION AND TREATMENT EFFORTS OF THE OPIOID
STEWARDSHIP ACCOUNT?
MR. PRETLOW: I DON'T BELIEVE THEY'VE BEEN
COMMITTED.
MR. JENSEN: WHAT WAS THAT? I'M SORRY.
MR. PRETLOW: I DON'T BELIEVE THEY'VE BEEN -- I DO
NOT BELIEVE THEY'VE BEEN COMMITTED.
MR. JENSEN: OKAY. THANK YOU.
AND THEN LASTLY, I KNOW WE MENTIONED THIS WHEN WE
TALKED YESTERDAY, BUT ON THE TARGETED INFLATIONARY INCREASE. THIS BILL
CONTAINS FUNDING FOR THAT 2.6 PERCENT TARGETED INCREASE -- TARGETED
INFLATIONARY INCREASE. TYPICALLY, AGENCIES EXPERIENCE A SIGNIFICANT LAG
IN RECEIVING THESE FUNDS AFTER WE APPROPRIATE THEM. WHAT ARE THE
REASONS FOR POTENTIALLY MONTH-LONG LAGS BETWEEN THE BUDGET'S --
BETWEEN THE BUDGET PASSAGE AND AGENCIES RECEIVING THESE INCREASES?
MR. PRETLOW: WE'RE NOT DOING THAT THIS YEAR. WE
TRIED SOMETHING LAST YEAR AND THEY DIDN'T DO IT PROPERLY SO WE'RE NOT
DOING IT THIS YEAR.
MR. JENSEN: SO DO YOU THINK THERE IS THE POTENTIAL
THAT AS A CHAMBER, AS THE LEGISLATURE, THAT WE COULD WORK IN A
COOPERATIVE MANNER TO HELP ENSURE THAT THESE FUNDS REACH THE AGENCIES
THAT NEED THEM QUICKER?
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MR. PRETLOW: I BELIEVE SO.
MR. JENSEN: WELL, THAT'S ANOTHER ONE TO DREAM TO
BELIEVE. I APPRECIATE IT, MR. PRETLOW.
AND THEN WILL THE FACT THE BUDGET IS LATE POTENTIALLY
LEAD TO AGENCIES RECEIVING THESE FUNDS EVEN LATER THAN THEY WOULD
USUALLY?
MR. PRETLOW: WELL, THE BUDGET MAY BE LATE, BUT
WE DID MAKE INCREMENTAL PAYMENTS THROUGHOUT THE PERIOD OF APRIL 1ST
UNTIL TODAY. SO THEY HAVE NOT BEEN FISCALLY HURT BECAUSE OF THE BUDGET
BEING LATE.
MR. JENSEN: OKAY. I THANK MY HONORABLE FRIEND
FOR HIS -- HIS INDULGENCE IN TAKING MY QUESTIONS.
THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MRS. BAILEY.
MRS. BAILEY: THANK YOU, MADAM SPEAKER.
WOULD THE SPONSOR -- OR WOULD THE CHAIRMAN YIELD FOR --
ACTING SPEAKER HUNTER: WILL THE CHAIR
YIELD?
MRS. BAILEY: -- PROBABLY A DOZEN QUESTIONS THIS
TIME. I'M SORRY.
MR. PRETLOW: YES, ABSOLUTELY.
ACTING SPEAKER HUNTER: THE CHAIRS YIELD.
MRS. BAILEY: I HAVE A COUPLE OF QUESTIONS. I -- I
WANT TO GO BACK REAL QUICK ON THE HOUSING. I JUST NEEDED TO SEEK SOME
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NYS ASSEMBLY MAY 8, 2025
CLARITY.
MR. RA HAD -- HAD ASKED ABOUT THE FIRST-TIME
HOMEOWNERS FUNDING. THERE'S NO FUNDING THIS YEAR, THAT $50 MILLION.
MR. PRETLOW: THAT'S CORRECT.
MRS. BAILEY: IS THAT THE FUNDING THAT WOULD GO
INTO SONYMA TO OFFER THE VARIOUS PROGRAMS AND GRANTS THAT THEY OFFER
TO THE FIRST-TIME HOMEOWNERS?
MR. PRETLOW: YES.
MRS. BAILEY: AND HAVE WE MOVED THAT FUNDING
SOMEWHERE ELSE TO TRY AND ATTRACT NEW FAMILIES, THAT I'M MISSING?
MR. PRETLOW: I DON'T BELIEVE SO.
MRS. BAILEY: OKAY. THAT -- THAT IS A CONCERN.
WHEN WE LOOK AT OUTMIGRATION, YOU KNOW, THE AGE GROUPS BETWEEN 26
AND 44 ARE OUR TOP AGE GROUPS THAT ARE -- THAT ARE LEAVING OUR STATE.
AND IT'S UNFORTUNATE THAT WE'RE NOT PROVIDING THAT ANY LONGER AS AN
INCENTIVE FOR THEM TO -- TO COME AND PURCHASE THEIR FIRST HOME WITH US.
SO LET ME SHIFT NOW TO ECONOMIC DEVELOPMENT.
UNDER THE OFFICE OF WORKFORCE AND ECONOMIC DEVELOPMENT, WE ARE
FUNDING 17 MILLION LESS THAN LAST YEAR AND THE TARGETS OF WORKFORCE
INVESTMENTS ON TEACHERS, HEALTHCARE WORKERS, APPRENTICESHIPS AND
INTERNSHIPS, MENTAL HEALTH PROFESSIONALS AND CAREGIVERS. IS THAT
FUNDING BEING SHIFTED SOMEWHERE ELSE AS FAR AS FOCUSING ON WHAT WE'RE
DOING TO HELP BUILD THOSE PROFESSIONS?
MR. PRETLOW: THAT MONEY REALLY HASN'T BEEN
PRIORITIZED. IT'S MONEY THAT IS AVAILABLE, THOUGH, FOR THE VARIOUS
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PROGRAMS THAT YOU'RE REFERRING TO.
MRS. BAILEY: I'M SORRY, I DID NOT HEAR YOU.
MR. PRETLOW: I SAID -- I FORGOT MY ANSWER.
(LAUGHTER)
MRS. BAILEY: MY QUESTION WAS IS THAT $17 MILLION
LESS THIS YEAR, ARE WE ALLOCATING THAT SOMEWHERE ELSE TO HELP WITH THOSE
PROFESSIONS TO RECRUIT OR, YOU KNOW, TO -- TO BRING FOLKS INTO THOSE
FIELDS?
MR. PRETLOW: WELL, THERE'S LESS MONEY THIS YEAR
BECAUSE IT'S JUST AN OVERALL -- THERE'S LESS MONEY AVAILABLE. SO THAT'S
WHY WE'VE LOWERED IT.
MRS. BAILEY: THERE'S LESS MONEY AVAILABLE --
MR. PRETLOW: YES.
MRS. BAILEY: -- IN THE BUDGET THIS YEAR?
MR. PRETLOW: TO SPEND ON THESE -- THOSE
PROGRAMS.
MRS. BAILEY: OKAY. THAT'S UNFORTUNATE. WHEN I
LOOK AT, YOU KNOW, WHERE SOME OF THAT FUNDING WE'RE NOT ADDING TO OR
WE'RE TAKING AWAY FROM, AND I'LL -- I'LL DISCUSS THAT A LITTLE BIT MORE IN A
MINUTE.
SO, YOU KNOW, AS MY COLLEAGUE ALSO INDICATED, WHEN
WE'RE LOOKING AT OUR SPECIAL EDUCATION AND -- AND THE NEED TO ENHANCE
OUR 853 SCHOOLS OR THE -- YOU KNOW, THE 44 -- I'M SORRY, 40 -- 4201 --
MR. PRETLOW: 4201?
MRS. BAILEY: SORRY. THE 4201 SCHOOLS. I DO WANT
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TO JUST, YOU KNOW, THANK OUR COLLEAGUES FOR, YOU KNOW, PUTTING THE
FUNDING BACK IN FOR THE 4201 SCHOOLS, SPECIFICALLY THE ONES THAT ARE IN
THE MY AREA THAT STUDENTS ATTEND. SO I WOULD LIKE TO SAY THANK YOU TO
THAT.
AND WITH THAT, THAT IS ALL MY QUESTIONS I HAVE FOR YOU.
THANK YOU.
AND ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MRS. BAILEY: SO, AS -- AS I TAKE A LOOK THROUGH
JUST REAL QUICKLY, IT IS A BIT DISHEARTENING TO SEE THAT, YOU KNOW, SOME
-- SOME OF THE PROGRAMS THAT WE HAVE INVESTED IN IN THE PAST THAT I'VE
SEEN WORK OUT IN THE DISTRICT, SPECIFICALLY BEING THE FIRST-TIME HOME --
HOMEOWNERS FUNDING THAT CAME THROUGH SONYMA. AS A FORMER
COUNTY CLERK, I SAW THIS COME THROUGH AND COME ACROSS MY DESK VERY
OFTEN, AND IT IS SOMETHING THAT HELPS TO BRING IN NEW FOLKS, FIRST-TIME
HOMEOWNERS INTO OUR STATE. BUT IT'S ALSO MY SON IS LOOKING FOR A HOME
RIGHT NOW AND IT'S A CHALLENGE. IT'S A CHALLENGE FOR OUR -- OUR YOUNGER
FOLKS, AND WE ARE SEEING THEM LEAVE IN DROVES. AND I REALLY HOPE THAT
WE CAN COME TOGETHER TO FIGURE OUT A WAY TO -- TO ATTRACT THEM AND
KEEP THEM HERE BECAUSE THAT'S WHAT GONNA MAKE OUR STATE CONTINUE TO
MOVE FORWARD.
WHEN WE LOOK AT THE ECONOMIC DEVELOPMENT, WHAT
OUR ECONOMIC DEVELOPMENT FOLKS DO IS UNBELIEVABLE. THE RESOURCES
THAT THEY SHARE AND THE INDUSTRIES THAT THEY, YOU KNOW, THEY FOCUS ON
WHERE WE'RE LOOKING AT, YOU KNOW, TEACHERS AND HEALTHCARE WORKERS,
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APPRENTICESHIPS, INTERNSHIPS, MENTAL HEALTH PROFESSIONALS AND
CAREGIVERS. I'M SURE WE'RE ALL HAVING THE SAME CONVERSATIONS I'M
HAVING OUT IN MY DISTRICT WITH FOLKS, YOU KNOW, FOR THE LAST FIVE -- FIVE
MONTHS, BEING NEW TO THIS BODY, ONE OF THE PIECES -- YOU KNOW, FOLKS
ASK ME WHAT IT'S LIKE. I'VE SAID NO ONE CAN PREPARE YOU FOR TUESDAYS.
BUT I'LL BE HONEST, TUESDAYS HAVE BEEN ONE OF THE MY FAVORITE DAYS
HERE IN ALBANY BECAUSE I HAVE MET SOME GREAT INDIVIDUALS WHO
ADVOCATE FOR THEMSELVES, AND ALL OF THESE FOLKS HAVE ADVOCATED
INDICATING THAT THEY NEED MORE. AND IT'S UNFORTUNATE THAT WE -- WE
AREN'T NECESSARILY SEEING THE RECRUITMENT MEASURES THAT I THINK THAT WE
COULD DO. YOU KNOW, WE INDICATE THAT, YOU KNOW, THE FUNDING'S NOT
THERE. THERE'S A LOT OF FUNDING IN THIS BUDGET. THERE'S A QUARTER OF A
TRILLION DOLLARS. I THINK WE COULD INVEST IN THE FOLKS THAT ARE HERE IN
NEW YORK STATE, OUR WORKFORCE AND OUR NEW, YOUNGER FAMILIES TO
CONTINUE TO INVITE THEM TO COME HERE. WE HAVE SOME OF THE MOST
BEAUTIFUL LANDSCAPE. WE LIVE IN A JEWEL RIGHT HERE. BUT UNFORTUNATELY,
WE CONTINUE TO SEND FOLKS ELSEWHERE DUE TO THE LACK OF AFFORDABILITY.
AND I REALLY HOPE THAT WE CAN COME TOGETHER TO LOOK AT WHAT WE ARE
DOING FROM A RETENTION AND A RECRUITMENT STANDPOINT, BECAUSE I THINK
WE HAVE AN OPPORTUNITY TO CONTINUE TO MAKE NEW YORK STATE GREAT.
THAT IS WHY I RAN FOR THIS LEGISLATIVE BODY BECAUSE I WANT MY CHILDREN
AND MY CHILDREN'S CHILDREN TO ENJOY WHAT I HAVE BEEN ABLE TO ENJOY.
SO, MADAM SPEAKER, THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
MR. MAHER.
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NYS ASSEMBLY MAY 8, 2025
MR. MAHER: THANK YOU, MADAM SPEAKER. WILL
THE SPONSOR -- CHAIRMAN --
ACTING SPEAKER HUNTER: WILL THE CHAIR
YIELD?
MR. MAHER: -- YIELD FOR SOME QUESTIONS?
I APPRECIATE YOU.
MR. PRETLOW: ABSOLUTELY.
ACTING SPEAKER HUNTER: THE CHAIR YIELDS.
MR. MAHER: THANK YOU.
I SEE THAT RAISE THE AGE IS FUNDED AN ADDITIONAL $250
MILLION, SAME AS LAST YEAR; IS THAT CORRECT?
MR. PRETLOW: THAT'S THE SAME AS LAST YEAR,
CORRECT.
MR. MAHER: DO WE KNOW HOW MUCH WAS SPENT IN
THE LAST FISCAL YEAR?
MR. PRETLOW: I KNOW WE DIDN'T SPEND ENOUGH
BECAUSE THIS IS DEPENDENT ON THE COUNTIES DRAWING DOWN. THE NUMBER
IS APPROXIMATELY $100 MILLION THAT WAS SPENT.
MR. MAHER: ALL RIGHT. YEAH, I THINK THAT'S AN
IMPORTANT THING FOR US TO KNOW AND FOR US TO EVALUATE, AND CERTAINLY
HOPEFULLY TO WORK WITH THESE LOCALITIES TO ENSURE THAT WE SPEND THOSE
DOLLARS. BECAUSE I DON'T THINK IT'S ABOUT NOT HAVING THE NEED OF A DOLLAR
AMOUNT THAT SIZE, BUT REALLY FIGURING OUT A WAY TO CREATE AN EXPENDITURE
THOROUGHLY.
I ALSO WANTED TO TOUCH ON THE COLA, AND I WANTED TO
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NYS ASSEMBLY MAY 8, 2025
KNOW AS PART OF THE BUDGET NEGOTIATIONS WHY OUR DOMESTIC VIOLENCE
NON-PROFITS WERE -- WERE NOT INCLUDED IN THAT COST-OF-LIVING ADJUSTMENT.
(CONFERENCING)
MR. PRETLOW: OKAY. SO I'M TOLD THAT NOT EVERY
HUMAN SERVICES PROVIDER IS INCLUDED IN THE COLA.
MR. MAHER: I'M SORRY, CAN YOU REPEAT THAT?
MR. PRETLOW: NOT EVERY HUMAN SERVICES PROVIDER
IS INCLUDED IN THE -- IN THE COLA.
MR. MAHER: THAT -- THAT IS APPARENT, YES. I WAS
JUST CURIOUS IF THOSE DISCUSSIONS CAME UP, IF YOU OR ANYONE THAT YOU
CAN THINK OF WERE A PART OF THOSE DISCUSSIONS. AND I KNOW THAT WE HAD
BEEN ADVOCATING ESPECIALLY ON BOTH SIDES OF THE AISLE, INCLUDING YOURS,
THAT WE WANTED TO TRY TO INCLUDE DOMESTIC VIOLENCE NON-PROFITS TO BE
PART OF THAT COLA. SO WERE THERE ANY OF THOSE DISCUSSIONS AND WHY
WERE THEY LEFT OUT?
MR. PRETLOW: WELL, THE DISCUSSIONS WERE -- WERE
HAD, AND MANY ADVOCATES FOR THE VARIOUS ENTITIES DID COME BEFORE US
AND SOME WERE LEFT OUT BECAUSE WE JUST DIDN'T HAVE ENOUGH CASH TO FILL
EVERYTHING.
MR. MAHER: OKAY. THANK YOU SO MUCH FOR
ANSWERING MY QUESTIONS.
ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. MAHER: A RECURRING THEME FOR ME IS JUST
LOOKING AT THIS BUDGET, TRYING TO DO OUR BEST TO SIPHON THROUGH THE
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NYS ASSEMBLY MAY 8, 2025
THOUSANDS OF PAGES AND HAVING A FEW HOURS TO LOOK THROUGH IT, ONE
REALLY COMMON THEME IS -- IS CLEAR TO ME: THERE IS A LOT OF SPENDING
BEING DONE THAT REALLY IS NOT MORE IMPORTANT THAN TAKING CARE OF SOME
OF THOSE NON-PROFITS AND REALLY THE WORKERS THAT ARE PART OF THESE
ORGANIZATIONS IN THE HUMAN SERVICES INDUSTRY THAT DO GOD'S WORK EVERY
SINGLE DAY, AND SOME OF WHOM ARE ON SOCIAL SERVICES THEMSELVES
BECAUSE THE SALARIES ARE NOT COMPETITIVE ENOUGH. SOME OF THESE
NON-PROFITS IN THESE AMAZING INDUSTRIES THAT DO SUCH AMAZING WORK ARE
AT 50 PERCENT RETENTION LOSS ANNUALLY. WE REALLY NEED TO CONSIDER
WHERE OUR INVESTMENTS ARE GOING. AND WHEN IT COMES SPECIFICALLY TO
OUR DOMESTIC VIOLENCE NON-PROFITS, THIS IS A GROUP THAT DOES NOT JUST
HANDLE DOMESTIC VIOLENCE. THE MINORITY HAD A TASK FORCE REPORT ON
HUMAN TRAFFICKING AND EXPLOITATION, AND ONE OF THE THINGS IT REVEALED, IT
WAS ASTONISHING WHEN WE TRAVELED THROUGHOUT EVERY CORNER OF THIS
STATE, WAS MEETING WITH DOMESTIC VIOLENCE NON-PROFITS WHO ARE ALSO
SERVICING TRAFFICKING VICTIMS. AND WHILE WE KNOW THE STATE HAS SPENT
$4.3 BILLION -- OR, SORRY, SPENT PROBABLY A LITTLE OVER A BILLION BUT HAS
ALLOCATED $4.3 BILLION TO IMPACT THE MIGRANT CRISIS, WE KNOW HOW MUCH
THAT'S ALSO BEEN PUT ON OUR DOMESTIC VIOLENCE NON-PROFITS WHO ARE
ALREADY UNDERSTAFFED AND UNDERFUNDED. WHEN IT COMES TO ENSURING
THAT WE ARE SUPPORTING THESE ORGANIZATIONS AND THESE HUMANS THAT ARE
DOING THE WORK THAT THE STATE IS MANDATING THEM TO DO, WE REALLY NEED
TO CONSIDER WHERE OUR INVESTMENTS ARE GOING.
SO I WANTED TO STAND UP HERE ON BEHALF OF OUR
DOMESTIC VIOLENCE NON-PROFITS. AND THE THING ABOUT IT IS, I KNOW THAT
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NYS ASSEMBLY MAY 8, 2025
THIS IS NOT AN ISSUE THAT I CARE ABOUT ONLY. I'VE HAD PLENTY OF
CONVERSATIONS WITH MY COLLEAGUES FROM BOTH SIDES OF THE AISLE. ONE OF
MY FAVORITE THINGS TO DO IS TO MEET MY DEMOCRATIC COLLEAGUES, AND I
KNOW THAT A LOT OF YOU CARE ABOUT THIS SAME ISSUE YOURSELF. SO HOW IT
DIDN'T GET NEGOTIATED IN THE END AND THEY'RE LEFT OUT AGAIN IN THIS COLA
IS SOMETHING WE REALLY OUGHT TO FIGURE OUT, AND I AM HAPPY TO BE PART
OF THOSE BIPARTISAN CONVERSATIONS IN THE FUTURE.
THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
ON A MOTION BY THE SENATE -- 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: THANK YOU, MADAM SPEAKER. THE
MINORITY CONFERENCE WILL BE IN THE NEGATIVE ON THIS BUDGET BILL, BUT IF
ANYBODY WANTS TO VOTE YES THEY CAN DO SO AT THEIR SEATS NOW.
THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MADAM
SPEAKER. THE MAJORITY CONFERENCE IS GOING TO BE IN FAVOR OF THIS PIECE
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NYS ASSEMBLY MAY 8, 2025
OF LEGISLATION.
ACTING SPEAKER HUNTER: THANK YOU.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MS. WALSH TO EXPLAIN HER VOTE.
MS. WALSH: THANK YOU VERY MUCH, MADAM
SPEAKER. SO, WE'RE ALMOST THERE. WE HAVE A FEW -- JUST A COUPLE MORE
BUDGET BILLS TO GO. I WANTED TO TAKE THIS OPPORTUNITY AND EXPLAIN MY
VOTE HERE BECAUSE IT'S REALLY REFLECTIVE OF MY VOTE ON THE BUDGET AS A
WHOLE, AND BECAUSE AS WAS NOTED, THIS IS WHERE MOST OF THE SPENDING IS
HAPPENING.
SO, THIS IS MY NINTH BUDGET, AND AT THE BEGINNING
WHEN I FIRST STARTED I WOULD REALLY TRY TO ANALYZE EACH AND EVERY BILL
AND TRY TO FIGURE OUT, MAYBE I CAN SEE MYSELF TO VOTE YES ON THIS ONE OR
THAT ONE. THIS YEAR I'VE OPTED TO VOTE NO ON THE WHOLE THING, AND I'D
LIKE TO JUST VERY BRIEFLY EXPLAIN WHY. IT'S NOT BECAUSE I DON'T LIKE A LOT
OF THE THINGS THAT ARE BEING FUNDED IN THE BUDGET. AS I'VE NOTED, YOU
KNOW, EARLIER IN OUR DEBATES THERE -- THERE'S A LOT OF GOOD THINGS THAT
ARE GOING ON IN THIS BUDGET. BUT QUITE HONESTLY, JUST BOTTOM LINE FOR
ME IS IT JUST SPENDS TOO MUCH. IT JUST SPENDS TOO MUCH. YOU KNOW,
WHEN I BEGAN IN 2017 THE STATE BUDGET WAS $153.1 BILLION. SO QUICK
MATH IS THERE'S BEEN A $101 BILLION INCREASE JUST SINCE I STARTED. THAT IS
SICKENING. I THINK THAT IS JUST OUTRAGEOUS AND IT'S -- IT'S INSANE AND IT'S
UNSUSTAINABLE. WE JUST CAN'T KEEP SPENDING LIKE THIS. WE CAN'T. AND
IT'S THE LATEST BUDGET WE'VE HAD SINCE 2010, 38 DAYS LATE. IT'S THE LEAST
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TRANSPARENT. I FIND THAT I FIND OUT MORE ABOUT WHAT'S GOING ON EITHER ON
THE ELEVATOR RIDING UP WITH PEOPLE OR -- OR ON X, AND 50 PERCENT OF IT IS
ALL WRONG ANYWAY. BUT I THINK THAT -- I THINK THAT WHEN I GOT BRIEFED
THIS MORNING FOR FOUR HOURS ON SOME OF THESE BUDGET BILLS, MY HEAD
WAS JUST SWIMMING WITH NUMBERS AND IT WAS PRETTY -- I WAS JUST KIND
OF ALMOST, LIKE, SICK TO MY STOMACH AT THE -- THE NUMBERS THAT WERE
FLYING AROUND. IT'S JUST TOO MUCH, YOU GUYS. WE'VE -- WE'VE GOTTA
REALLY PULL ON OUR BELTS. AND WE CAN'T KEEP DUMPING IT ON, YOU KNOW,
OUR -- OUR LOCAL REPUBLICAN REPRESENTATIVES AT THE FEDERAL LEVEL. WE
KNOW THAT THERE'S GONNA BE SOME STUFF GOING ON AT THE FEDERAL LEVEL.
WHY DID WE HAVE TO SPEND EVERY SINGLE DOLLAR WE HAD, PLUS? PLUS,
PLUS, PLUS.
SO I'M A NO ON THE WHOLE BUDGET AND THAT'S WHY.
THANK YOU VERY MUCH, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU. MS.
WALSH IN THE NEGATIVE.
MS. CRUZ TO EXPLAIN HER VOTE.
MS. CRUZ: THANK YOU, MADAM SPEAKER. AS WE
STRUGGLE THROUGH CUTS COMING FROM THE FEDERAL GOVERNMENT I WANT TO
THANK OUR SPEAKER FOR PUSHING THIS BUDGET TOWARD EQUITY, OPPORTUNITY
AND COMPASSION AND I WANT TO THANK OUR WAYS AND MEANS TEAM AND
PROGRAM AND COUNSEL TEAMS FOR THEIR HARD WORK AND COMMITMENT THAT
MADE IT POSSIBLE. AND OF COURSE I WANT TO THANK MY OWN TEAM, MY
CHIEF-OF-STAFF ROBIN AND LEGISLATIVE DIRECTOR JAMIE FOR THEIR ENDLESS
WORK IN HELPING US DELIVER FOR OUR COMMUNITY, ALONG WITH THE WINS
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THAT WE HEARD EARLIER FROM HOUSING VOUCHERS TO UNIVERSAL SCHOOL MEALS.
I WANT TO HIGHLIGHT A COUPLE OF THE WINS LOCALLY THAT
I'M GETTING TODAY. $8.5 MILLION FOR MY QUEENS MUSEUM, WHICH IS A
CULTURAL ANCHOR IN QUEENS THAT SERVED AS A FOOD PANTRY DURING THE
WORST TIMES OF THE PANDEMIC; $2.75 MILLION FOR THE LORENA BORJAS
TGNC EQUITY AND WELLNESS FUND TO SUPPORT OUR TRANS COMMUNITY;
$64.4 MILLION FOR MUCH-NEED IMMIGRANT LEGAL SERVICES TO PROTECT
CONSTITUTIONAL RIGHTS. MANY, MANY MORE. A LITTLE BIT OF -- A HALF A
MILLION DOLLARS FROM -- FOR THE ALEX JIMENEZ LEGACY PROGRAM FROM THE
EXECUTIVE, AND I WANT TO THANK THE GOVERNOR FOR THAT. AT A TIME WHEN
THE FEDERAL GOVERNMENT IS MAKING CUTS THAT ARE ATTACKING OUR
COMMUNITY, WE, WITH THIS INVESTMENT, ARE RECOGNIZING AND ARE STANDING
UP FOR THE PROMISE TO NEW YORKERS TO STAND UP FOR OUR VALUES.
I KNOW THAT MUCH MORE WORK CONTINUES -- IS GONNA
CONTINUE TO BE NEEDED, ESPECIALLY AS MORE CUTS COME OUR WAY. BUT I
KNOW THAT I SPEAK FOR ALL OF US HERE SAYING THAT WE ARE COMMITTED TO
PROTECTING NEW YORKERS REGARDLESS OF IMMIGRATION STATUS, OF GENDER,
OF INCOME. WE WANT TO MAKE SURE THAT EVERYONE GETS TO LIVE WITH
DIGNITY, THAT -- THE DIGNITY THAT THEY DESERVE.
I'M GONNA VOTE YES BECAUSE THIS BUDGET REFLECTS
PROGRESS AND WHAT IS POSSIBLE WHEN YOU GOVERN WITH COMPASSION AND
COURAGE. THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU. MS.
CRUZ IN THE AFFIRMATIVE.
MS. SEAWRIGHT TO EXPLAIN HER VOTE.
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MS. SEAWRIGHT: THANK YOU, MADAM SPEAKER. I
RISE TO EXPLAIN MY VOTE. THIS FINAL BUDGET PROVIDES RESIDENTS PAYING
OVER 72 BILLION PER YEAR IN STATE AND LOCAL TAXES. NEW YORK IS FOURTH
IN THE NATION FOR THE 60-PLUS POPULATION WITH OLDER RESIDENTS PAYING
OVER 72 BILLION. THIS VITAL POPULATION IS BOOMING; 4.6 MILLION NEW
YORKERS ARE OVER THE AGE OF 60. BY 2030, THIS POPULATION IS EXPECTED
TO REACH 5.3 MILLION.
OUR STATE ACHIEVED THE LANDMARK DISTINCTION FOR OLDER
ADULTS, BECOMING THE FIRST AGE-FRIENDLY STATE IN THE NATION, YET WE STILL
FACE AGISM AND DISCRIMINATION IN THE DESIGN OF SERVICES AND FUNDING
PROGRAMS. THEY ARE MORE THAN ONE-THIRD OF THE POPULATION AND
INCREASINGLY DIVERSE, YET THERE ARE PEOPLE SINKING LOWER INTO POVERTY
EACH YEAR. THEY ARE THE DRIVING FORCE FOR THE ECONOMY, CULTURAL LIFE
AND OUR VOLUNTEER BASE. YET SENIORS ARE STRUGGLING TO AFFORD HOUSING,
TRANSPORTATION, THE RISING COST OF MEDICATION AND SO MUCH MORE. THE
NEED FOR INVESTMENT IS CRUCIAL, ESPECIALLY WITH THE UNPRECEDENTED CUTS
COMING FROM THE FEDERAL GOVERNMENT.
THE NEW YORK STATE BUDGET INCLUDES AN OVERALL 38
MILLION YEAR-TO-YEAR INCREASE. FIFTY-THREE MILLION IN FUNDING WILL MEET
UNMET NEEDS. THESE FUNDS WILL FOLLOW OUR AREA AGENCIES ON AGING TO
PROVIDE CRITICAL SUPPORT PROGRAMS IN PARTNERSHIPS WITH COMMUNITY
ORGANIZATIONS SUCH AS MEALS ON WHEELS. A $10 MILLION INCREASE TO
COMMUNITY SERVICE PROGRAMS SUCH AS THE NEW YORK FOUNDATION FOR
SENIORS CITIZENS, SAGE'S LGBT [SIC] WELCOME ELDER HOUSING, THE
NEW YORK STATEWIDE SENIOR ACTION COUNCIL'S PATIENT'S RIGHTS HOTLINE,
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THE LISMA FOUNDATION, AND THE HOLOCAUST SURVIVOR'S INITIATIVE.
MADAM SPEAKER, I'M PROUD TO CAST MY VOTE IN THE
AFFIRMATIVE ON THIS BUDGET. THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU. MS.
SEAWRIGHT IN THE AFFIRMATIVE.
MR. OTIS TO EXPLAIN HIS VOTE.
MR. OTIS: THANK YOU. I WANT TO THANK THE SPEAKER
AND OUR WAYS AND MEANS STAFF AND -- AND COLLEAGUES FOR THE JOB DONE
IN THIS BUDGET. I'M GONNA HIGHLIGHT A FEW THINGS: REALLY GOOD THINGS
ON INFRASTRUCTURE HERE; ANOTHER 500 MILLION FOR CLEAN WATER; AN INCREASE
OF 25 MILLION FOR THE ENVIRONMENTAL PROTECTION FUND -- LET'S GIVE A
SHOUT-OUT TO DEBORAH GLICK FOR -- FOR PUSHING THAT -- THE RESILIENCY
AND SUSTAINABILITY PROGRAM THAT THE GOVERNOR HAS ROLLED OUT, ARE VERY
IMPORTANT THINGS. BUT WE'VE DONE OTHER THINGS FOR AFFORDABLE HOUSING,
FOR HIGHER EDUCATION OPPORTUNITY PROGRAMS, FOR MENTAL HEALTH. FOR OUR
ROADS AND BRIDGES, VERY IMPORTANT FOR MASS TRANSIT.
THROUGHOUT THE DEBATE TODAY ON BOTH SIDES OF THE
AISLE WE'VE HEARD A LOT OF FRUSTRATION ABOUT NOT ENOUGH MONEY IS BEING
SPENT IN A LOT OF AREAS. AND THE REALITY CHECK IS GOING TO BE WE ALL
WOULD'VE LIKED TO HAVE SPENT MORE, BUT WE'RE GONNA TO GET HIT PROBABLY
WITH SOME VERY CHALLENGING DECISIONS FROM WASHINGTON THAT ARE GONNA
HURT NEW YORK AND HURT THE ABILITY OF ALL OF US TO REPRESENT THE PEOPLE
THAT NEED HELP IN COMMUNITIES WE SERVE IN. AND SO IT'S EASY TO SAY WE
NEED TO SPEND MORE. IT'S EASY TO SAY WE SPEND TOO MUCH. THE REALITY
IS WE NEED MORE MONEY FOR A LOT OF THESE SERVICES.
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NYS ASSEMBLY MAY 8, 2025
WE DID A GOOD JOB IN THIS BUDGET AND THE GOVERNOR
DID A GOOD JOB IN THIS BUDGET. ON THE NUMBERS, THIS WAS A REASONABLE
BUDGET. WE MADE SOME GOOD ADDITIONS, WE MADE ADDITIONS ON SCHOOL
AID. BUT WE SHOULD FEEL GOOD, ALL OF US, FOR THE JOB THEY WE'VE DONE
HERE IN TRYING TO IMPROVE THE LIFE OF NEW YORKERS.
I VOTE AYE.
ACTING SPEAKER HUNTER: THANK YOU. MR.
OTIS IN THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? THE CLERK WILL ANNOUNCE
THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 3, RULES REPORT --
(PAUSE)
PAGE 3, RULES REPORT NO. 185, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A03000-D, RULES
REPORT NO. 185, BUDGET BILL. AN ACT MAKING APPROPRIATIONS FOR THE
SUPPORT OF GOVERNMENT. STATE OPERATIONS BUDGET.
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.
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NYS ASSEMBLY MAY 8, 2025
MR. PRETLOW: ABSOLUTELY. THIS BILL WOULD ENACT
THE STATE OPERATIONS BILL FOR STATE FISCAL YEAR 2025-'26, AND INCLUDES AN
ALL-FUNDS APPROPRIATION OF $63.6 BILLION. THE BILL AUTHORIZES
DISBURSEMENTS OF UP TO $25 BILLION FROM THE GENERAL FUND, AND UP TO
$39.2 BILLION FROM AN -- ON AN ALL-FUNDS BASIS.
ACTING SPEAKER HUNTER: MR. RA.
MR. RA: THANK YOU, MADAM SPEAKER. WILL THE
SPONSOR YIELD?
MR. PRETLOW: YES.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MR. RA: THANK YOU. OKAY, SO YOU GAVE US THE
FUNDING NUMBERS. LET ME START WITH THIS: THIS ALSO INCLUDES SIMILAR
CONTINGENCY LANGUAGE AS THE OTHER APPROPRIATION BILLS WITH REGARD TO
THE BUDGET DIRECTOR AND THE AUTHORITY UP TO $2 BILLION?
MR. PRETLOW: YES.
MR. RA: AND IS THIS LANGUAGE IDENTICAL TO WHAT WAS
IN THE OTHER BILLS?
MR. PRETLOW: YES.
MR. RA: THANK YOU. ALL RIGHT.
LET ME START WITH SOME OF THE GENERAL GOVERNMENT
PROVISIONS. SO, CANNABIS. WE'RE PROVIDING $68.1 MILLION TO SUPPORT
THE OFFICE OF CANNABIS MANAGE -- MANAGEMENT?
MR. PRETLOW: YES.
MR. RA: DO WE KNOW HOW MANY PEOPLE ARE
CURRENTLY EMPLOYED AT OCM, AND IS IT FULLY STAFFED AT THIS POINT?
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NYS ASSEMBLY MAY 8, 2025
MR. PRETLOW: I DON'T BELIEVE THEY'RE FULLY STAFFED.
MR. RA: OKAY. WITH THIS INCREASE IN FUNDING,
WHICH I UNDERSTAND TO BE ABOUT $5 MILLION MORE THAN LAST YEAR, DO WE
THINK THAT WILL HELP STREAMLINE THE APPLICATION PROCESS? THIS PROGRAM
HAS BEEN NOTORIOUSLY SLOW IN GETTING UP AND RUNNING.
MR. PRETLOW: THAT IS THE INTENTION.
MR. RA: AND DO WE HAVE ANY NUMBERS OR UPDATE IN
TERMS OF HOW MANY DRUG RECOGNITION EXPERTS WE CURRENTLY HAVE IN NEW
YORK? WHEN WE PASSED THIS A FEW YEARS BACK, THAT WAS ONE OF THE
INITIATIVES THAT WAS GONNA BE FUNDED. DO WE HAVE ANY SENSE OF HOW
MANY WE'VE NOW TRAINED AND HAVE --
MR. PRETLOW: I HAVE NO SENSE OF THAT AT ALL.
MR. RA: OKAY.
THE ETHICS COMMISSION, COELIG. THIS BUDGET
PROVIDES $9.2 MILLION; THAT'S 844,000 MORE THAN THE GOVERNOR. CAN
YOU EXPLAIN THIS INCREASE OVER THE GOVERNOR, WHAT THE PURPOSE IS FOR
IT?
MR. PRETLOW: I GUESS THE GOVERNOR WANTED TO
BEEF UP OUR STAFF.
MR. RA: OKAY.
MR. PRETLOW: AND THERE -- AND THERE ARE ALSO
ADDITIONAL LEASES THAT ARE BEING PAID FOR WITH THESE MONIES.
MR. RA: OKAY. NOW, THIS COMMISSION, AS WE MIGHT
-- WE MIGHT RECALL, HAD BEEN THE SUBJECT OF SOME -- SOME LITIGATION THAT
WAS UPHELD RECENTLY. SO I -- I BELIEVE IT'S NOW ON -- ON SOLID GROUND,
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NYS ASSEMBLY MAY 8, 2025
HAVING GOTTEN UP TO THE COURT OF APPEALS. WILL -- WILL THIS FUNDING
NOW BE ABLE TO SUPPORT ADDITIONAL STAFF AT THE COMMISSION OR
ADDITIONAL TRAINING THAT THE COMMISSION IS REQUIRED TO CONDUCT?
MR. PRETLOW: THEY DON'T NEED ANY ADDITIONAL
AUTHORITY TO DO THAT, THEY CAN DO THAT NOW AS OF RIGHT...
MR. RA: OKAY. BUT WITH THE ADDITIONAL FUNDING, WE
-- WE JUST ASSUME IT'S FOR SOME ADDITIONAL STAFFING OR...
MR. PRETLOW: IT'S REALLY FOR LEASE SPACE. I THINK
THEY'RE EXPANDING THEIR FOOTPRINT.
MR. RA: LEASE SPACE. OKAY.
THE REPARATIONS COMMISSION. WE'RE ALLOCATING 5
MILLION TO THE NEW YORK STATE COMMUNITY COMMISSION ON REP --
REPARATIONS REMEDIES AS WE DID LAST YEAR?
MR. PRETLOW: THAT'S CORRECT.
MR. RA: AND WE'RE MOVING THE FUNDING FROM THE
DEPARTMENT OF STATE TO THE OFFICE OF GENERAL SERVICES, CORRECT?
MR. PRETLOW: YES.
MR. RA: IS THERE A SPECIFIC REASON? HAS THERE BEEN
ISSUES WITH THE APPROPRIATION OR GETTING THE MONEY FROM THE
DEPARTMENT OF STATE?
MR. PRETLOW: THE -- THE EXECUTIVE THOUGHT THAT IT
WAS MORE APPROPRIATE TO BE IN THAT AGENCY SO THAT'S WHERE IT WAS
MOVED TO.
MR. RA: OKAY. AND THIS IS AN ADDITIONAL 5 MILLION
ABOVE LAST YEAR'S?
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NYS ASSEMBLY MAY 8, 2025
MR. PRETLOW: NO.
MR. RA: REAPPROP? IS -- AND IS THIS FUNDING JUST FOR
MEETINGS AND EXPENSES FOR -- FOR THE COMMISSION?
MR. PRETLOW: THAT REALLY WASN'T DELINEATED. I
DON'T KNOW WHAT IT WAS...
MR. RA: OKAY. AND IS THIS FUNDING SUFFICIENT FOR
THEM TO -- I KNOW WE TALKED ABOUT YESTERDAY THE CHANGE IN THE
DEADLINE FOR -- FOR THE REPORT. IS THIS SUFFICIENT TO GET THEM THROUGH
BEING ABLE TO GENERATE THAT REPORT BACK TO US?
MR. PRETLOW: I BELIEVE SO, YES.
MR. RA: OKAY.
DOCCS. WE'RE ALL OBVIOUSLY AWARE OF THE DOCCS
WORKFORCE SHORTAGE, THAT THE DEPARTMENT IS DOWN AN ESTIMATED 4,400
CORRECTION OFFICERS. APPROXIMATELY 2,000 WERE TERMINATED AFTER THE
CORRECTION OFFICERS' DEMONSTRATION EARLIER IN THE YEAR. IS THE 150
MILLION INCREASE PROVIDED TO DOCCS FOR PERSONAL SERVICES EXCLUSIVELY
FOR THE INCREASED OVERTIME THAT -- FOR CURRENT CORRECTION OFFICERS WE
HAVE ON STAFF?
MR. PRETLOW: IT'S TO USE FOR ANY PERSONAL SERVICE
COSTS AS THEY COME UP -- AS THEY ARISE.
MR. RA: OKAY. AND THERE'S A NEW APPRO --
APPROPRIATION IN THIS BILL FOR THE CORRECTIONAL FACILITY EMERGENCY
RESPONSE OF 535 MILLION.
MR. PRETLOW: YES.
MR. RA: THE BILL TEXT SAYS IT'S INTENDED TO STABILIZE
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THE CORRECTIONAL SYSTEM. CAN YOU PROVIDE SPECIFICS AS TO WHAT THE
PLANS ARE WITH THAT MONEY TO STABILIZE THE SYSTEM?
MR. PRETLOW: THE -- THE BULK OF THAT MONEY, I
BELIEVE, IS FOR THE NATIONAL GUARDS THAT HAVE BEEN -- BEING UTILIZED IN
THE FACILITIES RIGHT NOW, AND THERE ARE OTHER INSTANCES WHERE FUNDS ARE
NECESSARY THAT THEY CAN BE USED.
MR. RA: AND THE -- AS WE'VE SEEN IN SEVERAL OF OUR
EXTENDERS, THE RECURRENT COST WITH REGARD TO NATIONAL GUARD THAT HAS
BEEN DEPLOYED. IS THAT COST STILL AROUND $106 MILLION PER MONTH?
MR. PRETLOW: IT'S APPROXIMATELY THE SAME AS IT'S
BEEN. WE'RE -- WE'RE SLOWLY TRYING TO -- WELL, WE'RE RAPIDLY TRYING TO
INCREASE THE WORKFORCE THAT THE FACILITIES --
MR. RA: HAS -- HAS THERE BEEN ANY MAJOR CHANGE IN
THE HEAD COUNT OF -- OF HOW MANY NATIONAL GUARD ARE IN THERE OR HAS IT
BEEN STEADY FROM WHAT WE WERE SEEING IN THE APPROPRIATIONS WE DID IN
THE EXTENDERS?
MR. PRETLOW: I THINK WE'VE -- WE HAVE ONLY
AROUND 3,100 DOWN NOW.
MR. RA: OKAY.
WE HAVE SOME CHANGES -- WE HAVE AN OFFICE OF GUN
VIOLENCE PREVENTION THAT WAS WITHIN DCJS. WE'RE MOVING THE
FUNDING FROM DOH TO DCJS. WHAT'S THE REASON BEHIND THIS SHIFT?
MR. PRETLOW: I GUESS A MORE DIRECT ACCESS TO THE
-- TO THE MONEY FOR THE -- FOR THE DEPARTMENT.
MR. RA: IS THERE --
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MR. PRETLOW: AND IT ALSO -- AND IT ALSO CONFORMS
WITH THE STATUTES THAT WE'VE PASSED.
MR. RA: OKAY. IS THERE A CONTINUING ROLE FOR THE
DEPARTMENT OF HEALTH GIVEN THAT MENTAL HEALTH IS A MAJOR FACTOR IN GUN
VIOLENCE?
MR. PRETLOW: YES, THERE IS.
MR. RA: SO THE DEPARTMENT OF HEALTH WILL CONTINUE
TO BE INVOLVED WITH REGARD TO THIS OFFICE?
MR. PRETLOW: YES, SIR.
MR. RA: OKAY.
ENVIRONMENTAL CONSERVATION. THE PROPOSED BUDGET
ALLOCATES FUNDS FOR 28 POSITIONS TO SUPPORT NEW WETLAND REGULATIONS. I
KNOW LOCAL MUNICIPALITIES ARE NOT LEGALLY REQUIRED TO INFORM RESIDENTS
TO CONTACT THE DEC BEFORE THEY START PROJECTS, WHICH SOMETIMES CAN
CAUSE COMMUNICATION GAPS AND INDIVIDUALS TO INADVERTENTLY BE
VIOLATING THIS. HOW WILL THE HIRING OF THESE 28 NEW STAFF ASSIST IN
MAKING SURE THAT STATE RESIDENTS DON'T RUN AFOUL OF THESE NEW
REGULATIONS?
(CONFERENCING)
MR. PRETLOW: THEY WILL BE ASSISTED BY THE DEC
AND LOOKING AT THE LANDS, MAKING DETERMINATIONS AS TO WHETHER THEY'RE
WETLANDS OR NOT.
MR. RA: OKAY. AND HOW IS THE DEPARTMENT
PRIORITIZING TRANSPARENCY IN TERMS OF THEIR REGULATORY ENFORCEMENT SO
THAT PEOPLE ARE NOT ACCIDENTALLY VIOLATING THESE WETLAND REGULATIONS?
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(CONFERENCING)
MR. PRETLOW: THEY CAN -- THEY CAN ASK FOR AN
OPINION FROM DEC TO LOOK AT THEIR PROPERTY AND DETERMINE WHETHER OR
NOT IT'S A WETLAND.
MR. RA: OKAY. THANK YOU.
I WANT TO ASK ABOUT A PIECE THAT HAS BEEN WIDELY
REPORTED. OBVIOUSLY, WE'RE -- WE'RE ALL FAMILIAR WITH THAT IN THE PAST
WE HAVE HAD APPROPRIATIONS TO ALLOW FOR A DEFENSE OF STATE EMPLOYEES,
A LEGAL DEFENSE OF STATE EMPLOYEES, WHEN SOMETHING HAPPENS THAT IS
RELATED TO THEIR DUTIES. SO LET ME START WITH THAT. I'M NOT -- NOT THE NEW
PIECE, BUT HOW MUCH IS BEING APPROPRIATED FOR THAT GENERAL PURPOSE?
MR. PRETLOW: FOR THE NEW PIECE I BELIEVE IT'S $10
MILLION.
MR. RA: AND THE -- THE EXISTING PIECE THAT WE'VE HAD
IN THE PAST?
MR. PRETLOW: FIVE MILLION.
MR. RA: FIVE MILLION. OKAY. SO THIS $10 MILLION
PIECE. MY UNDERSTANDING IS THAT IT ALLOWS FOR THE PAYMENT OR
REIMBURSEMENT OF REASONABLE ATTORNEY'S FEES AND EXPENSE -- AND
EXPENSES. NOW, IT COULD -- UNLIKE THE EXISTING FUNDING, IT COULD EVEN
BE IN A SITUATION WHERE THE PERSON IS, YOU KNOW, IN -- IN SOME TYPE OF
CRIMINAL SITUATION EVEN IF IT'S NOT RELATED TO THEIR OFFICIAL DUTIES?
MR. PRETLOW: YES.
MR. RA: OKAY. SO THAT -- THAT IS A DEPARTURE FROM
WHAT WE DO -- HAVE DONE IN THE PAST, CORRECT? NORMALLY IT HAS TO RELATE
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TO THE INDIVIDUAL'S OFFICIAL DUTIES.
MR. PRETLOW: CORRECT.
MR. RA: OKAY. AND NOW, WHAT IS THE INTENTION WITH
-- WITH REGARD TO THIS? IT TALKS ABOUT SOME REALLY BROAD LANGUAGE THAT IF
THE PERSON -- IF THE INVESTIGATION IS -- HAS -- I -- I GUESS IF THE PERSON IS
TARGETED BECAUSE OF THE POSITION THEY HOLD. I -- I -- I KNOW THAT
EVERYBODY'S TALKING ABOUT THIS WITH REGARD TO THE ATTORNEY GENERAL AND
THE PRESIDENT. BUT IT SEEMS TO ME THAT THAT LANGUAGE IS SO BROAD THAT
REGARDLESS OF WHAT AN INVESTIGATION WAS LAUNCHED ABOUT, WHATEVER THAT
CONDUCT IS HAVING ABSOLUTELY NOTHING TO DO WITH THAT GOVERNMENTAL ROLE
THAT THEY COULD STILL HAVE THE STATE PAYING FOR THE DEFENSE; AM I
CORRECT?
MR. PRETLOW: IF THAT PERSON CAN PROVE THAT
THEY'RE BEING TARGETED BECAUSE OF THEIR POSITION WITH THE STATE.
MR. RA: SO, I -- I WOULD SAY IF WE LOOK AT THE
CURRENT SITUATION THAT WE'RE LOOK -- THE LENS WE'RE LOOKING AT THIS
THROUGH, THE ATTORNEY GENERAL, TO ME, THEN COULD PRETTY MUCH HAVE
ANYTHING HAPPEN AND CLAIM THAT THAT'S THE REASON THEY'RE -- THEY'RE
COMING AFTER HER.
MR. PRETLOW: NO. SHE WOULDN'T DETERMINE THAT,
THE EXECUTIVE WOULD DETERMINE THAT.
MR. RA: OKAY. SO --
MR. PRETLOW: IF WE WERE TALKING ABOUT HER. BUT
THIS IS -- BILL IS, AS I JUST SAID, A VERY BROAD BILL. (INDISCERNIBLE/CROSS-
TALK)
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MR. RA: YEAH, SO CORRECT. SO IT'S -- IF IT'S THE
ATTORNEY GENERAL THE EXECUTIVE DETERMINES --
MR. PRETLOW: YES.
MR. RA: -- THE REASONABLENESS AND -- AND WHETHER
THAT'S THE INTENTION. AND IF IT'S ANY OTHER STATE EMPLOYEE, THE ATTORNEY
GENERAL MAKES THE DETERMINATION, CORRECT?
MR. PRETLOW: YES. ANY OTHER STATE EMPLOYEE
THAT DOES NOT WORK IN THE ATTORNEY GENERAL'S OFFICE --
MR. RA: IN THE ATTORNEY GENERAL'S OFFICE.
MR. PRETLOW: -- INCLUDING THE ATTORNEY GENERAL.
MR. RA: OKAY. AND THE COMPTROLLER. WHAT'S THE
COMPTROLLER'S ROLE WITH REGARD TO PAYING FUNDS FOR ANY TYPE OF LEGAL
DEFENSE?
MR. PRETLOW: IF IT'S DETERMINED THAT THE
INDIVIDUAL STATE EMPLOYEE IS ELIGIBLE TO RECEIVE FUNDING FROM THE STATE,
THE ATTORNEY -- THE COMPTROLLER WILL THEN BE AUTHORIZED BY THE
GOVERNOR AFTER THEY CERTIFY A LOT OF THINGS ARE AUTHORIZED TO RELEASE
FUNDING TO THE OUTSIDE COUNSELS.
MR. RA: SO IT'S THE COMPTROLLER WHO ACTUALLY WILL
BE PAYING THE LEGAL BILL --
MR. PRETLOW: YES.
MR. RA: -- ON BEHALF OF THE STATE. AND THE
COMPTROLLER'S ROLE, IS IT THE SAME AS IT IS WITH REGARD TO THE OTHER $5
MILLION POT OF MONEY FOR ANY STATE EMPLOYEE WHO -- WHO IS -- IS IN A
LEGAL MATTER RELATED TO THEIR STATE DUTIES?
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MR. PRETLOW: YES.
MR. RA: OKAY. THANK YOU.
MR. PRETLOW: I THINK I JUST SPOKE ALSO, MR. RA,
IT'S AN EXTRA 10 MILLION, NOT 5 MILLION.
MR. RA: TEN MILLION. OKAY. THANK -- THANK YOU,
MR. PRETLOW.
MADAM SPEAKER, ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. RA: SO, I -- I DO NEED -- NEED TO POINT THAT OUT.
THIS -- THE LANGUAGE HERE IS EXTREMELY BROAD, AND IT SEEMS TO ME THAT
YOU COULD HAVE A SITUATION WHERE -- AND, FRANKLY, WE DO HAVE A
SITUATION WHERE THERE ARE SOME INVESTIGATION GOING ON THAT HAS
ABSOLUTELY NOTHING TO DO WITH THE ATTORNEY GENERAL'S ROLE AS THE
ATTORNEY GENERAL OF NEW YORK STATE. IT'S NOT RELATED IN ANY WAY
WHATSOEVER. AND REGARDLESS OF WHAT AN INVESTIGATION IS LAUNCHED
ABOUT, IT SEEMS TO ME UNDER THIS LANGUAGE THAT THE ATTORNEY GENERAL IS
GONNA BE ABLE TO SAY, UH, THE PRESIDENT'S COMING AFTER ME BECAUSE --
BECAUSE I WENT AFTER HIM. AND WE'RE GONNA PROVIDE STATE TAXPAYER
MONEY TO DEFEND SOMEBODY POTENTIALLY ABOUT THEIR OWN PROPERTY AND
FINANCIAL DEALINGS THAT HAVE NOTHING TO DO WITH NOT ONLY THEIR ROLE IN
NEW YORK STATE, NOT -- PROPERTY NOT EVEN LOCATED IN NEW YORK STATE,
AND THE TAXPAYERS ARE GOING TO HAVE TO PAY FOR THAT DEFENSE. THAT'S
OUTRAGEOUS AND IT'S WRONG AND IT'S NOT SOMETHING THAT SHOULD BE SHOVED
IN A BUDGET BILL AS A RESULT OF CLOSED-DOOR NEGOTIATIONS.
I'M GONNA BE VOTING NO ON THIS BILL. THANK YOU,
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MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MR. BLUMENCRANZ.
MR. BLUMENCRANZ: THANK YOU, MADAM
SPEAKER. WILL THE SPONSOR -- THE SPONSOR YIELD FOR A FEW MORE
QUESTIONS?
ACTING SPEAKER HUNTER: MR. PRETLOW, WILL
YOU YIELD?
MR. PRETLOW: YES, I WILL.
ACTING SPEAKER HUNTER: THE CHAIR YIELDS.
MR. BLUMENCRANZ: I RESPECTFULLY DIRECT YOUR
ATTENTION TO THE BUDGETARY FUNDING FOR THE STATE SUNY SYSTEM AND THE
CUNY SYSTEM INSTITUTIONS. CAN YOU TELL ME HOW MUCH SUNY IS
BEING ALLOCATED IN THIS BUDGET AND HOW MUCH THE CUNY SYSTEM IS
BEING ALLOCATED IN THIS BUDGET?
(CONFERENCING)
MR. PRETLOW: I HAVE THE INCREASES, I DON'T HAVE
THE TOTAL. YOU HAVE TO WAIT A SECOND, PLEASE.
(CONFERENCING)
12.7 BILLION FOR SUNY AND 3.7 BILLION FOR CUNY.
MR. BLUMENCRANZ: OKAY. SO, 7 BILLION AND 3
BILLION. COULD YOU TELL ME, IS ANY --
MR. PRETLOW: TWELVE BILLION.
MR. BLUMENCRANZ: I'M SORRY?
MR. PRETLOW: TWELVE BILLION.
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MR. BLUMENCRANZ: TWELVE BILLION. COULD YOU
TELL ME OF ANY OF THOSE BILLIONS WHAT PERCENTAGE IS GOING TOWARDS A
MATERIAL FIGHT OR TO COMBAT ANTI-SEMITISM AT BOTH OF THESE GROUPS OF
INSTITUTIONS, BOTH THE CUNY AND SUNY SYSTEM?
MR. PRETLOW: THERE'S DEFINITELY NOT A LINE FOR THAT
ON THE BUDGET, SO I WOULDN'T BE KNOWLEDGEABLE OF THAT INFORMATION.
MR. BLUMENCRANZ: NO? NO, I -- I COULDN'T FIND
ONE EITHER, NO LINE ITEM.
MR. PRETLOW: THAT WOULD BE UP TO THE -- THE --
THE CHANCELLOR OF THE -- OF EITHER INSTITUTION TO DEVELOP A POLICY FOR
THAT. THERE'S NO SPECIFIC LINE FOR THE SUBJECT MATTER THAT YOU
MENTIONED.
MR. BLUMENCRANZ: SO JUST TO ENUMERATE WHERE
-- WHERE I'M COMING FROM, WE'VE SEEN A PLETHORA OF ISSUES WITHIN BOTH
THE SUNY AND CUNY SYSTEM WHEN IT COMES TO ANTI-SEMITIC ATTACKS,
ANTI-SEMITIC FODDER APPEARING WITHIN THE SCHOOLS. AND MOST RECENTLY
WE'VE EVEN SEEN ACADEMIC CHAIRS HOSTING OPENINGS PAID FOR WITH
TAXPAYER DOLLARS, AMONG OTHER THINGS, FOR CLUSTERS THAT WORK IN THE
PALESTINIAN STUDIES SECTION OF THE UNIVERSITY, LOOKING AND CATEGORIZING
AND CRITICAL THINKING. I MEAN, THE JOB LISTING SHOWS A PLETHORA OF
ANTI-SEMITIC DOG WHISTLES. THERE'S NO STRINGS ATTACHED IN THIS BUDGET. I
KNOW THE GOVERNOR HAS CALLED OUT THE FACT THAT, YOU KNOW, THIS JOB
LISTING WAS NOT OKAY AND SHE PERSONALLY HAD TO HAVE IT TAKEN DOWN.
BUT YOU THINK IT'S STILL JUST UP TO THE CHANCELLORS TO COMBAT
ANTI-SEMITISM (INDISCERNIBLE/CROSS-TALK) --
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MR. PRETLOW: WELL, I JUST SAID THAT THERE'S NO
SPECIFIC LINE FOR THAT.
MR. BLUMENCRANZ: SO THIS BODY AND THE
SENATE, THE GOVERNOR, THERE -- THERE'S NO SPECIFIC ACTION BEING TAKEN IN
THE BUDGET THIS YEAR TO COMBAT WHAT HAS BEEN A PERNICIOUS AND ACTIVELY
VICIOUS ATTACKS AGAINST THE JEWISH COMMUNITY ON OUR COLLEGE
CAMPUSES?
MR. PRETLOW: AN AGGREGATE DOLLAR AMOUNT HAS
BEEN ALLOCATED TO BOTH UNIVERSITIES, AND IT'S UP TO THOSE UNIVERSITIES TO
DETERMINE HOW THEY SPEND THAT ALLOCATION. NOW, I WOULD SUGGEST TO
YOU THAT IF YOU THINK THERE SHOULD BE A LINE THAT YOU INTRODUCE
LEGISLATION TO CREATE SUCH A LINE AFTER IT PASSES THIS HOUSE AND THE
SENATE AND IS SIGNED BY THE GOVERNOR. IT WOULD BE A LAW, AND NEXT
YEAR THERE WILL BE A LINE.
MR. BLUMENCRANZ: SO YOU'RE SAYING BY
LEGISLATION THIS BODY SHOULD DO SOMETHING. CERTAINLY, I'VE --
MR. PRETLOW: (INDISCERNIBLE/CROSS-TALK).
MR. BLUMENCRANZ: -- INTRODUCED LEGISLATION
MYSELF.
MR. PRETLOW: BUT I'M SAYING RIGHT NOW THAT LINE
DOES NOT EXIST. IT WOULD BE THE UNIVERSITIES' (INDISCERNIBLE/CROSS-TALK).
MR. BLUMENCRANZ: IN THIS YEAR IT WAS NOT A
PRIORITY FOR --
MR. PRETLOW: I NEVER SAID IT WASN'T A PRIORITY.
MR. BLUMENCRANZ: WELL, IT DIDN'T MAKE IT IN THE
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BUDGET.
MR. PRETLOW: I JUST -- WELL --
ACTING SPEAKER HUNTER: WE NEED TO ASK THE
QUESTION, PLEASE, THEN ANSWER. THANK YOU.
MR. PRETLOW: I'VE ANSWERED THE QUESTION THREE
TIMES.
MR. BLUMENCRANZ: OKAY.
IS THERE ANY PORTION OF THE BUDGET THAT SPEAKS TO ANY
MATERIAL CHANGES THAT HAVE BEEN REQUESTED FROM JUDGE LIPPMAN IN HIS
EXTENSIVE REPORTING OF CHANGES THAT NEED TO BE MADE AT THE SUNY OR
CUNY SYSTEM?
MR. PRETLOW: I DON'T KNOW WHERE YOU'RE COMING
FROM WITH THIS.
MR. BLUMENCRANZ: THE GOVERNOR HAD
REQUESTED THAT A REPORT BE MADE THAT SIGNIFICANT CHANGES BE MADE TO
OUR SUNY AND CUNY SYSTEMS BASED ON THAT REPORT THAT JUDGE
LIPPMAN PRODUCED. HAVE ANY OF THOSE MATERIAL CHANGE -- CHANGES
BEEN PRESENT IN ANY OF THE BUDGET LANGUAGE?
MR. PRETLOW: WELL, I HAVEN'T SEEN THE REPORT, NOR
WAS I AWARE THAT THE REPORT WAS REQUESTED. SO IF IT HAS BEEN TURNED IN
TO THE EXECUTIVE, THAT'S WHERE IT IS, AND IT'S UP TO THE EXECUTIVE TO MAKE
ANY ACTIONS BASED ON THAT REPORT IF FOR, YOU KNOW, HE OR SHE DETERMINES
THAT THOSE CHANGES SHOULD BE MADE.
MR. BLUMENCRANZ: ALL RIGHT. THANK YOU VERY
MUCH.
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MADAM SPEAKER, ON THE BILL, PLEASE.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. BLUMENCRANZ: I'M VERY DISHEARTENED TO SEE
SO MANY LINE ITEMS FOR OUR CUNY SYSTEM AND FOR OUR SUNY SYSTEM IN
THE BUDGET THIS YEAR AS ANTI-SEMITIC ATTACKS AGAINST JEWISH STUDENTS
CONTINUE TO RISE. AS JEWISH STUDENTS I SPEAK TO IN MY DISTRICT TALK TO
ME ABOUT WHERE THEY'RE GOING TO SCHOOL, THEY'RE GOING TO PLACES LIKE
UT OR FLORIDA BECAUSE THEY SAY, I'M A JEWISH STUDENT. WHY WOULD I BE
AT A CUNY OR A SUNY? WHY WOULD I BE AT NYU OR COLUMBIA?
BECAUSE I'M NOT BEING PROTECTED THERE. WHEN I STOOD WITH STUDENTS ON
THE STREETS OUTSIDE OF HUNTER COLLEGE DURING THESE PROTESTS AND I HEARD
HOW UNSAFE THEY FELT, AND NEW YORK CONTINUES TO BE APATHETIC TOWARDS
THE PLIGHT THAT JEWISH STUDENTS FACE WHILE THESE SCHOOLS STILL FACE OPEN
CASES FROM THE OFFICE OF CIVIL RIGHTS IN THE DEPARTMENT OF EDUCATION
PENDING BACK FOR YEARS. CUNY WAS THE FIRST TO BE REPORTED AS NOT
TACKLING ANTI-SEMITISM SERIOUSLY ENOUGH. AND WE STILL DON'T SEE IT AS A
PRIORITY OF THIS BODY, WITH THE HUNDREDS AND THOUSANDS OF PRIORITIES
WE'VE SEEN MOVE THROUGH OVER THE COURSE OF THE LAST 48 HOURS.
ACTING SPEAKER HUNTER: MS. GLICK, WHY DO
YOU RISE?
MS. GLICK: WILL THE GENTLEMAN YIELD?
ACTING SPEAKER HUNTER: WILL MR.
BLUMENCRANZ YIELD?
MR. BLUMENCRANZ: I -- I WILL NOT YIELD. THANK
YOU.
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NYS ASSEMBLY MAY 8, 2025
MS. GLICK: OH, OKAY. THANK YOU.
ACTING SPEAKER HUNTER: MR. BLUMENCRANZ
DOES NOT YIELD.
MR. BLUMENCRANZ: I WILL NOT YIELD, BECAUSE
JEWISH STUDENTS DESERVE MORE FROM THIS BODY. THEY DESERVE MORE
THAN SWEET NOTHINGS. THEY DESERVE MORE THAN EMPTY PROMISES AND
THEY DESERVE A GOVERNMENT THAT SUPPORTS THEM, THAT MAKES SURE THEY
FEEL SAFE WHEN THEY GO TO SCHOOL. AND I HOPE AND I PRAY THAT THIS BODY
ONE DAY CAN SEE THAT THAT SHOULD BE A PRIORITY, ESPECIALLY IN THE BUDGET.
THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
MR. GANDOLFO.
MR. GANDOLFO: THANK YOU, MADAM SPEAKER.
WOULD THE CHAIR PLEASE YIELD FOR NOT TOO MANY QUESTIONS, BUT I DON'T
WANT --
ACTING SPEAKER HUNTER: WILL THE CHAIR
YIELD?
MR. PRETLOW: ABSOLUTELY.
ACTING SPEAKER HUNTER: THANK YOU. THE
CHAIR YIELDS.
MR. GANDOLFO: THANK YOU.
MY QUESTIONS ARE, AGAIN, ABOUT THE PAYMENT OF THE
ATTORNEY'S FEES FOR STATE OFFICERS. NOW, I KNOW IN YOUR EXCHANGE WITH
MY COLLEAGUE FROM FRANKLIN SQUARE, A WONDERFUL PLACE, YOU HAD
MENTIONED -- YOU HAD DISCUSSED THAT IF THE ATTORNEY GENERAL IS THE ONE
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WHO IS BEING INVESTIGATED BY THE FEDERAL GOVERNMENT, THE GOVERNOR
WOULD MAKE THE DETERMINATION ON WHETHER OR NOT THEY COULD BE
ENTITLED TO THIS LEGAL DEFENSE FUND; IS THAT CORRECT?
MR. PRETLOW: THAT IS CORRECT.
MR. GANDOLFO: OKAY. AND THEN IF IT'S THE
GOVERNOR, THE AG WOULD MAKE THAT DETERMINATION?
MR. PRETLOW: WELL, EVERYONE -- EVERYONE ELSE IN
THE AG WOULD BE --
MR. GANDOLFO: EVERYONE ELSE IS AG. OKAY.
IS THERE ANY CONCERN OVER USING THAT KIND OF POWER AS
LEVERAGE IN SOME KIND OF NEGOTIATION? YOU KNOW, RIGHT NOW WE HAVE
A SITUATION WHERE THE FEDERAL GOVERNMENT IS INVESTIGATING THE ATTORNEY
GENERAL. THERE'S NO CONCERN THAT IN ORDER FOR THE ATTORNEY GENERAL TO
ACCESS THESE FUNDS, SHE HAS GO THROUGH THE GOVERNOR?
MR. PRETLOW: I DON'T HAVE THAT CONCERN.
MR. GANDOLFO: OKAY. BECAUSE I KNOW THIS
BUDGET PROCESS IS KIND OF -- A LOT OF THE DISCUSSION AROUND THIS BUDGET
PROCESS IS THE GOVERNOR HAVING A LOT OF POWER, AND KIND OF WIELDING IT
TO ALMOST BULLY PEOPLE INTO GETTING HER WAY.
MR. PRETLOW: WELL, THE POWER WE'RE REFERRING TO
IN THE CONVERSATIONS WE'VE HAD IN THIS ROOM HAVE BEEN THE GOVERNOR'S
POWER OVER THE BUDGET BASED ON THE COURT OF APPEALS DECISION, PATAKI
V. SILVER [SIC] SEVERAL YEARS AGO.
MR. GANDOLFO: UH-HUH.
MR. PRETLOW: NOT NECESSARILY THE OVERALL POWER
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OF THE GOVERNOR OF THE STATE OF NEW YORK.
MR. GANDOLFO: OKAY. FAIR ENOUGH.
AND NOW IN YOUR EXCHANGE WITH MY COLLEAGUE OVER
HERE (INDICATING), I THINK I HEARD YOU, AND CORRECT ME IF I'M WRONG, THIS
IS NOT SPECIFICALLY ABOUT THE ATTORNEY GENERAL?
MR. PRETLOW: NO, IT'S NOT.
MR. GANDOLFO: WHY IS IT RETROACTIVE TO JANUARY
1ST? ARE YOU AWARE OF ANY OTHER FEDERAL INVESTIGATION INTO A STATE
OFFICER?
MR. PRETLOW: NO, I DON'T. BUT THAT IS THE
BEGINNING OF THE YEAR.
MR. GANDOLFO: OKAY. SO --
MR. PRETLOW: CALENDAR YEAR.
MR. GANDOLFO: WHY WOULDN'T IT JUST BE FROM
HERE ON OUT? IT -- IT'S NOT THE BEGINNING OF THE FISCAL YEAR.
(CONFERENCING)
MR. PRETLOW: THAT'S WHEN THE FEDERAL
ADMINISTRATION STARTED. NOT THE PRESIDENCY, BUT THE CONGRESS.
MR. GANDOLFO: OKAY. SO WHY -- WHY DIDN'T WE
DO -- I MEAN, CONGRESS CAN'T DIRECT THE DEPARTMENT OF JUSTICE --
MR. PRETLOW: NO. THAT'S -- THAT'S WHY WE
DIDN'T USE THE 6TH OR THE 20TH. WE USED THE 1ST.
MR. GANDOLFO: OKAY. SO THERE -- THERE'S NO
OTHER FEDERAL INVESTIGATION WE'RE AWARE OF INTO A STATE OFFICER? WE JUST
DECIDED TO GO RETROACTIVE --
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(CROSSTALK)
MR. PRETLOW: I'M NOT PRIVY -- I'M NOT PRIVY TO
THAT INFORMATION.
MR. GANDOLFO: OKAY. BUT --
MR. PRETLOW: I WOULD IMAGINE THAT THERE IS
BECAUSE WHEN I'VE READ OF SEVERAL THREATS TO ELECTED OFFICIALS IN THIS
STATE AND OTHER STATES BECAUSE OF WHAT'S BEEN PERCEIVED AS THEIR
MISTREATMENT OF A CERTAIN INDIVIDUAL IN WASHINGTON.
MR. GANDOLFO: OKAY. FAIR ENOUGH.
SO DEFINITELY NOT ABOUT THE ATTORNEY GENERAL?
MR. PRETLOW: I COULD NEVER SAY DEFINITELY TO
ANYTHING, BUT I WOULD SAY I DON'T KNOW.
MR. GANDOLFO: OKAY. FAIR ENOUGH.
THANK YOU, CHAIRMAN. THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MR. ARI BROWN.
MR. A. BROWN: THANK YOU, MADAM SPEAKER. WILL
THE SPONSOR YIELD FOR ONE QUICK QUESTION?
ACTING SPEAKER HUNTER: MR. PRETLOW, WILL
YOU YIELD?
MR. PRETLOW: OH -- (INDISCERNIBLE) --
MR. A. BROWN: THANK YOU, CHAIRMAN.
ACTING SPEAKER HUNTER: THE CHAIRMAN
YIELDS.
MR. A. BROWN: QUICK QUESTION. HAVE YOU EVER
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HEARD OF THE FOLLOWING BILLS: A4766? A4772? A4773? A4797?
A4809? AND 4813? ANY OF THEM RING A BELL?
MR. PRETLOW: I COULDN'T TELL YOU WHAT A SINGLE
ONE OF THOSE BILLS IS. I HAVE -- I RECOGNIZE THE NUMBERS, THOUGH.
(LAUGHTER)
MR. A. BROWN: THANK -- THANK YOU, MR. SPONSOR.
ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. A. BROWN: THERE'S A VERY GOOD REASON WHY
OUR CHAIRMAN HASN'T HEARD ABOUT THOSE BILLS.
I TAKE ISSUE -- AND I HAPPEN TO LIKE THE CHAIRMAN VERY
MUCH -- HE SAID THAT IF WE WOULD ONLY WRITE A BILL RELATED TO THE
ANTI-SEMITISM ISSUES THAT ASSEMBLYMAN BLUMENCRANZ HAD MENTIONED,
NEXT YEAR IT'LL GO INTO LEGISLATION. WELL, THESE ARE SEVEN OF NINE BILLS
THAT I HAD WRITTEN. NOT ONLY THAT I HAD WRITTEN THE BILLS, IT TAKES MONTHS
FOR ME TO GET A BILL NUMBER ON MOST OF MY BILLS BECAUSE THEY'RE RELATED
TO JEWISH-RELATED ISSUES. AND I MAKE ISSUE OF IT. AND TIME GOES BY,
AND TIME GOES BY. I'LL REMEMBER -- REMIND EVERYBODY IN THIS ROOM
WHEN OUR NOW-CONGRESSMAN -- THEN -- THEN-ASSEMBLYMAN NOW
CONGRESSMAN --
ACTING SPEAKER HUNTER: MR. BROWN, CAN YOU
PLEASE RELATE YOUR COMMENTS TO THE BUDGET BILL?
MR. A. BROWN: OH, I AM. I'M -- ABSOLUTELY.
ACTING SPEAKER HUNTER: THANK YOU.
MR. A. BROWN: WHEN THEN-ASSEMBLYMAN LAWLER
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WANTED TO ASSEMBLE A RESOLUTION," END JEW HATRED DAY." I'M ONLY
SPEAKING TO WHAT THE CHAIRMAN HAD SPOKEN TO. AND THAT WAS JUST A
SIMPLE RESOLUTION. WOULDN'T COME TO THE FLOOR. WE KNOW VERY WELL
THAT THESE BILLS WILL NEVER COME TO THE FLOOR IN ANY WAY, SHAPE OR FORM.
AND THE REASON WHY MY COLLEAGUE HAD MENTIONED THAT BECAUSE I'VE
WRITTEN DOZENS OF LETTERS TO THE -- TO THE CHANCELLOR OF CUNY AND
SUNY, MATOS RODRIGUEZ AND KING, AND THEY ARE THE WORST OF THE
ANTI-SEMITES. AND MY COLLEAGUE IS EXACTLY RIGHT WHY THIS SHOULD HAVE
BEEN WRITTEN INTO THIS BILL. BECAUSE THE FUNDING GOES -- NOT ONLY ARE
WE NOT DEFUNDING THEM, BUT WE'RE ENCOURAGING THEM TO ENCOURAGE
ANTI-SEMITISM.
I APPLAUD YOU.
THANK YOU, MADAM SPONSOR [SIC].
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 MINORITY CONFERENCE WILL BE IN THE NEGATIVE ON
THIS BUDGET BILL. THE YES VOTES COULD BE RECORDED NOW AT YOUR DESK IF
YOU CARE TO.
ACTING SPEAKER HUNTER: THANK YOU.
MRS. PEOPLES-STOKES.
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NYS ASSEMBLY MAY 8, 2025
MRS. PEOPLES-STOKES: THANK YOU, MADAM
SPEAKER.
THE MAJORITY CONFERENCE IS GONNA BE IN FAVOR OF THIS
BUDGET BILL.
ACTING SPEAKER HUNTER: THANK YOU.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. TAGUE TO EXPLAIN HIS VOTE.
MR. TAGUE: THANK YOU, MADAM SPEAKER.
IF YOU DIDN'T KNOW, THERE WAS WHITE SMOKE AT THE
VATICAN TODAY. HOPEFULLY, HERE, IN A LITTLE BIT, WE'RE GONNA GET WHITE
SMOKE OUT OF ALBANY.
BUT I JUST WANTED TO EXPLAIN MY VOTE. I -- I WILL BEING
VOTING IN THE NEGATIVE ON THIS. I CANNOT UNDERSTAND HOW A BILL, IN THE
NEW YORK STATE BUDGET, CAN ALLOW THE GOVERNOR OF THE STATE OF NEW
YORK TO MAKE A DECISION OUT OF SOMEBODY COMMITTED A CRIME, FOR THE
TAXPAYERS OF THIS STATE TO FUND THEIR LEGAL EXPENSES. UNBELIEVABLY
RIDICULOUS. AND ANYBODY THAT VOTES FOR THIS BILL SHOULD BE ASHAMED OF
THEMSELVES.
THANK YOU. I WILL BE IN THE NEGATIVE.
ACTING SPEAKER HUNTER: MR. TAGUE IN THE
NEGATIVE.
MRS. PEOPLES-STOKES TO EXPLAIN HER VOTE.
MRS. PEOPLES-STOKES: I AM ACTUALLY HONORED TO
STAND AND SAY THAT I AM NOT ASHAMED FOR VOTING FOR THIS BILL, AND NOR
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SHOULD ANYONE ELSE BE.
I APPRECIATE THE CONCERN THAT OUR COLLEAGUES ON THE
OTHER SIDE OF THE HOUSE -- AISLE HAVE FOR OUR ATTORNEY GENERAL, BUT THIS
DOESN'T SAY ANYTHING ABOUT HER NAME. COULD YOUR CONCERN BE ABOUT
THE FACT -- DID YOU KNOW THAT SHE'S BEEN THREATENED PUBLICALLY? COULD
THAT BE IT? I'M NOT SURE. BUT I AM PLEASED TO HAVE THE OPPORTUNITY TO
VOTE ON THIS BILL.
ACTING SPEAKER HUNTER: THANK YOU. MRS.
PEOPLES-STOKES IN THE AFFIRMATIVE.
MS. KELLES TO EXPLAIN HER VOTE.
MS. KELLES: THANK YOU. I ALSO STAND WITH MY
COLLEAGUE WHO JUST SPOKE. IT DOESN'T NAME A SPECIFIC ATTORNEY
GENERAL. IT IS TO DEFEND THE CHAIR AND THE SEAT FOR A PERSON WHO HAS
BEEN ATTACKED BY -- BY, I THINK, IN -- IN A REALLY DISGUSTING WAY. SO I
APPLAUD THOSE COMMENTS.
BUT I -- I DO WANT TO NOTE SOMETHING THAT I -- I WOULD
HAVE HOPED TO SEE IN THIS BUDGET, BUT I DO HOPE THAT WE DO IN THE
FUTURE, IS SOME -- IS MORE SUPPORT FOR OUR PAROLE OFFICERS. WE -- IN
2019 WE HAD OVER 800 PAROLE OFFICERS. WE HAVE JUST OVER 500 NOW.
AND I KNOW THAT THERE ARE A LOT OF THEM, LIKE OUR NATIONAL GUARD, WHO
HAVE BEEN HELPING OUT IN OUR PRISON SYSTEM, AND -- AND BEING PULLED
FROM THEIR CURRENT POSITIONS OR THE WORK THAT THEY'VE BEEN TRAINED TO
DO. SO THAT'S ONE THING THAT I CERTAINLY WOULD LOVE TO SEE.
I WANT TO APPLAUD, THOUGH, THE STEPS THAT WERE TAKEN TO
CREATE PARITY FOR ENVIRONMENTAL CONSERVATION OFFICERS, STATE -- THE STATE
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PARKS, AND THE SUNY CAMPUS POLICE TO CREATE PARITY WITH ALL THE OTHER
OFFICERS WHO ARE DOING WORK THROUGHOUT THE STATE. AND THIS IS REALLY
AN IMPORTANT STEP IN THE RIGHT DIRECTION. IT'S NOT ALL THE WAY -- ALL THE
WAY TO FULL PARITY, BUT A HUGELY IMPORTANT STEP AND I'M VERY, VERY
THANKFUL FOR THAT IN THIS. I KNOW IT'S BEEN A VERY LONG FIGHT.
SO, ABSOLUTELY SUPPORT IT, AND I STAND IN SUPPORT OF THE
BILL. THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU. MS.
KELLES IN THE AFFIRMATIVE.
MR. GANDOLFO TO EXPLAIN HIS VOTE.
MR. GANDOLFO: THANK YOU, MADAM SPEAKER.
IF IT LOOKS LIKE A DUCK, SWIMS LIKE A DUCK, AND QUACKS
LIKE A DUCK, THEN IT'S PROBABLY A DUCK.
I VOTE NO.
(LAUGHTER)
ACTING SPEAKER HUNTER: MR. GANDOLFO IN THE
NEGATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 3, RULES REPORT NO. 186, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A03001-A, RULES
REPORT NO. 186, BUDGET BILL. AN ACT MAKING APPROPRIATIONS FOR THE
SUPPORT OF GOVERNMENT. LEGISLATURE AND JUDICIARY
BUDGET.
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NYS ASSEMBLY MAY 8, 2025
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: ABSOLUTELY, MADAM SPEAKER.
THIS BILL WOULD ENACT THE LEGISLATURE AND JUDICIARY
BILL FOR STATE FISCAL YEAR '25-'26, AND INCLUDES AN ALL-FUNDS
APPROPRIATION OF $4.4 BILLION. THE BILL AUTHORIZES DISBURSEMENTS OF UP
TO $4 BILLION FROM THE GENERAL FUND, AND UP TO $4.4 BILLION ON AN
ALL-FUNDS BASIS.
ACTING SPEAKER HUNTER: MR. RA.
MR. RA: MADAM SPEAKER, ON THE BILL?
ACTING SPEAKER HUNTER: ON THE BILL.
MR. TAGUE: YAY!
(LAUGHTER)
MR. RA: THANK YOU, MR. TAGUE, FOR THAT REACTION.
(APPLAUSE)
SO I -- I JUST WANT TO -- AS WE GO THROUGH THIS, WHICH IS
ALWAYS TRADITIONALLY OUR LAST BILL, THE LEGISLATURE AND JUDICIARY BUDGET,
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NYS ASSEMBLY MAY 8, 2025
WHICH I ALWAYS FIND APPROPRIATE, AND I ALSO FEEL COMPELLED TO VOTE FOR
IT AT THE END OF A PROCESS WHERE WE'VE RUN THE STAFF RAGGED, WHO GET
PAID FROM -- FROM THIS BILL. AND I -- I JUST WANT TO TAKE A COUPLE OF
MINUTES TO JUST SAY A COUPLE OF THANK YOUS AS WE WRAP UP THIS PROCESS.
I'D BE REMISS IF I DIDN'T START WITH CONGRATULATING
CHAIR PRETLOW ON HIS MAIDEN VOYAGE HERE.
(APPLAUSE)
MR. PRETLOW, YOU'RE -- YOU'RE A GENTLEMAN. IT'S BEEN A
PLEASURE TO WORK WITH YOU OVER THE COURSE OF THIS PROCESS. AS I'VE
MENTIONED IN THE PAST, IT WAS -- YOU TAKING OVER WAS A FULL-CIRCLE
MOMENT FOR ME, BECAUSE MY FIRST RANKERSHIP BACK IN 2011 WAS AS THE
RANKING MEMBER ON -- ON THE RACING AND WAGERING COMMITTEE. I
THINK WE'VE HAD MORE FLOOR DEBATES TODAY THAN -- THAN WE HAD IN -- IN
THOSE TWO YEARS BECAUSE WE DIDN'T -- WE DIDN'T HAVE A TON OF FLOOR
DEBATES ON THAT COMMITTEE. BUT IT'S BEEN A PLEASURE TO WORK WITH YOU,
WORK WITH YOUR STAFF.
I HAVE TO THANK TROY FOR ALL OF HIS COURTESIES AND HELP
WITH -- WITH OUR STAFF AS WE WENT THROUGH IN, PARTICULARLY, THE HEARING
PROCESS.
PHILIP FIELDS AND THE -- THE MAJORITY WAYS AND MEANS
TEAM, THANK YOU FOR YOUR COURTESIES AND YOUR WORK WITH OUR TEAM ON
OUR SIDE OF THE AISLE.
(APPLAUSE)
AND THEN MY -- MY TEAM HERE. EVERY TIME. EVERY
TIME.
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NYS ASSEMBLY MAY 8, 2025
SO, I -- I HAVE TO SAY, ON -- ON BEHALF OF
LEADER BARCLAY WHO, SIX BUDGETS AGO, ENTRUSTED ME WITH WHAT I ALWAYS
CALL THE GREATEST JOB I NEVER KNEW I WANTED. BECAUSE I USED TO HAVE
THE JOB THAT MR. GANDOLFO HAS, AND I LOVED WORKING WITH -- WITH MR.
GOODELL IN THAT ROLE. AND WHEN THE LEADER TOOK OVER, HE HAD JUST
SPENT A YEAR AS THE RANKER ON WAYS AND MEANS. AND HE CALLED ME THE
NEXT MORNING AND OFFERED ME THE OPPORTUNITY TO DO THIS JOB. AND I'M A
NERD. I'M A POLICY WONK. I LOVE THIS STUFF. BUT I NEVER TRULY
UNDERSTOOD EVERYTHING THAT GOES INTO THIS ROLE. BUT, REALLY, THE GREATEST
PART ABOUT IT IS YOU GET TO WORK WITH THE MOST INCREDIBLE STAFF OF PEOPLE
WHO ARE JUST ALWAYS ON THE BALL. AND IT DOESN'T MATTER WHAT CHANGES.
PEOPLE COME, PEOPLE GO. THERE IS A CULTURE IN OUR WAYS AND MEANS
STAFF THAT THE NEXT PERSON LEARNS THE ISSUE AREA, AND -- AND THEY'RE READY
TO GO AND READY TO MAKE OUR MEMBERS LOOK GOOD AND KNOW WHAT WE'RE
TALKING ABOUT WHEN WE'RE HERE ON THE FLOOR.
SO ON BEHALF OF -- OF LEADER BARCLAY, I WANT TO THANK
JOSH RISLER, OUR DIRECTOR, IN HIS FIRST BUDGET AS OUR DIRECTOR.
(APPLAUSE)
AND -- AND, AGAIN, THAT'S ANOTHER ONE THAT IS KIND OF
FULL CIRCLE FOR ME, BECAUSE MANY YEARS AGO A YOUNG EDUCATION RANKER
WORKED OFTEN WITH A YOUNG EDUCATION ANALYST ON OUR WAYS AND MEANS
STAFF, AND THAT WAS JOSH. AND THE FACT THAT WE'VE NOW HAD THE
OPPORTUNITY TO DO THIS BUDGET PROCESS TOGETHER WITH ME AS RANKER AND
HIM AS THE DIRECTOR OF OUR STAFF IS A REALLY SPECIAL THING. I'M INCREDIBLY
PROUD OF HOW HE'S TAKEN OVER HIS ROLE AND HOW HE'S LED OUR INCREDIBLE
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NYS ASSEMBLY MAY 8, 2025
TEAM; ALL OF OUR DEPUTIES, ALL OF OUR ANALYSTS, ALL OF OUR SUPPORT STAFF,
WHO HAVEN'T SLEPT IN DAYS, YET, WERE THERE THIS MORNING BRIEFING US ON
ALL THE REST OF THE BUDGET BILLS, ANSWERING EVERY QUESTION, HERE ON THE
FLOOR ALL DAY, MAKING SURE WE HAVE EVERYTHING WE NEED. THERE IS
NOTHING I COULD BE PROUDER OF THAN THAT I GET TO WORK WITH EACH AND
EVERY ONE OF YOU EACH AND EVERY DAY.
SO THANK YOU FROM THE BOTTOM OF MY HEART, AND ON
BEHALF OF THE LEADER, FOR THE WORK YOU'VE DONE THROUGHOUT THIS
PROCESS.
(APPLAUSE)
AND WITH THAT, I WILL SAY THAT I WILL BE VOTING IN FAVOR
OF THIS BILL. AND I WILL SIT DOWN.
(LAUGHTER)
THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MADAM
SPEAKER.
I AM SO HAPPY THAT MR. RA FINALLY FOUND A BILL THAT
HE -- THAT HE CAN VOTE FOR.
(LAUGHTER)
ACTING SPEAKER HUNTER: ON THE BILL.
MRS. PEOPLES-STOKES: I AM ALSO SUPER GRATEFUL
THAT SPEAKER HEASTIE HAS PUT TOGETHER AN AMAZING TEAM TO DO WHAT I
THOUGHT WAS UNHEARD OF, AND THAT'S ENTIRELY BRING A HUNDRED AND SOME-
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NYS ASSEMBLY MAY 8, 2025
ODD PEOPLE TO A POINT WHERE THEY CAN AGREE ON SOMETHING.
PARTICULARLY, THIS TIME, AND WITH THIS PARTICULAR BUDGET.
SO I AM IN -- VERY IMPRESSED BY HIM, HIS ENTIRE STAFF;
JENNIFER, JESSICA, JEN AND PHIL, AND THEIR A-TEAM. I CALL THEM THE
A-TEAM EVERY TIME I SEE THEM BECAUSE THEY ARE THE A-TEAM.
SO THANK YOU ALL SO, SO MUCH FOR THE WORK THAT YOU
PUT IN.
(APPLAUSE)
MADAM SPEAKER, I ACTUALLY CAN LOOK IN THE FACE
SOMETIMES OF THESE YOUNG STAFFERS OF OUR STAFF WHEN A MEMBER IS
TALKING TO THEM AND -- AND UNDERSTAND ALMOST EXACTLY WHAT THE
CONVERSATION IS ABOUT. BUT THEY STILL COME THROUGH. SO I AM SUPER,
SUPER PROUD OF THEM.
THERE ARE A TON OF THINGS IN THESE -- IN THIS BUDGET THAT
SOME PEOPLE JUST DON'T REALLY CARE FOR, BUT I FEEL LIKE WE HAVE MADE THE
BEST DECISIONS THAT WE COULD WITH WHAT WE WERE GIVEN. AND I THINK
THE CITIZENS OF NEW YORK STATE ARE GOING TO APPRECIATE THIS.
I AM PARTICULARLY IMPRESSED AND HONORED FOR THE SMALL
BUSINESSES ACROSS OUR STATE WHO ARE GONNA GET A BREAK, THAT SPEAKER
HEASTIE REALLY WENT TO THE WALL TO FIGHT FOR. HE DIDN'T GO INTO THAT ROOM
WITH SUPPORT ON THAT TOPIC, BUT HE STAYED THERE ON IT. AND IT'S BECAUSE
OF THAT, NOW ALL OF THESE SMALL BUSINESSES WILL BENEFIT FROM NOT HAVING
TO PAY A TAX THAT WE HAD ASSESSED ON THEM.
AS WELL AS UN -- THE UNEMPLOYED PERSON --
(APPLAUSE)
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NYS ASSEMBLY MAY 8, 2025
-- COULD HAVE A LARGER CHECK BECAUSE OF OUR WORK HERE
TODAY. SO THESE ARE THINGS THAT ARE GONNA BE GREAT FOR OUR ENTIRE
COMMUNITY. NOT JUST THE CHILDREN K THROUGH 12, BUT THOSE WHO ARE
GOING TO HIGHER ED, THE WORKERS, THE MOTHERS, THE FATHERS. THE CITIZENS
OF NEW YORK STATE ARE GOING TO BE IN A BETTER POSITION FOR THIS BUDGET.
SO THANK YOU ALL FOR WHAT YOU'VE DONE.
AND I ALSO WANT TO ADD MY VOICE TO THIS GENTLEMAN
RIGHT HERE (INDICATING). STELLAR. STELLAR. WE HAVE NOT SEEN --
(APPLAUSE)
-- WONDERFUL -- WONDERFUL WAYS AND MEANS CHAIRS,
MADAM SPEAKER. BUT THIS ONE RIGHT HERE --
(APPLAUSE)
YES.
(APPLAUSE)
HE ALMOST KIND OF REMINDS ME OF DENNY, THE WAY HE'S
STANDING THERE AND TAKING THE QUESTIONS AND GIVING THE ANSWERS.
WITH THAT, MR. SPEAKER -- MADAM SPEAKER, I AM SUPER
HAPPY AND VERY PLEASED TO BE VOTING ON THIS BUDGET.
AND, BY THE WAY, THE SMOKE IS WHITE. THE SMOKE IS
COMING OUT WHITE.
I SUPPORT THE BILL.
(PAUSE)
ACTING SPEAKER HUNTER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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NYS ASSEMBLY MAY 8, 2025
ACTING SPEAKER HUNTER: A PARTY VOTE HAS
BEEN REQUESTED.
MS. WALSH.
MS. WALSH: THANK YOU, MADAM SPEAKER.
THE MINORITY CONFERENCE WILL BE GENERALLY IN THE
NEGATIVE ON THIS PIECE OF LEGISLATION.
THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MADAM
SPEAKER.
THE MAJORITY CONFERENCE IS GOING TO BE IN FAVOR OF
THIS LAST PIECE OF BUDGET LEGISLATION.
ACTING SPEAKER HUNTER: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. PRETLOW TO EXPLAIN HIS VOTE.
MR. PRETLOW: THANK YOU, MADAM SPEAKER. AND
THANK YOU, MY COLLEAGUES.
THIS IS MY 32ND BUDGET. THIRTY-SECOND BUDGET. THE
FIRST ONE THAT I WAS AT THE HELM, I GUESS YOU WOULD SAY. AND IT -- IT
WASN'T ME. YOU GAVE ME APPLAUSE, BUT IT'S THE PEOPLE BEHIND ME. PHIL
FIELDS AND HIS CREW. THE WHOLE WAYS AND MEANS TEAM, EVERYONE. I
WANT TO THANK YOU FOR YOUR HELP.
(APPLAUSE)
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AND THEY -- AND THEY WERE AMPLY BACKED UP BY
PROGRAM AND COUNSEL. IT WAS JUST A FANTASTIC TEAMWORK.
(APPLAUSE)
AND I KNOW AS MANY OF YOU SAW, YOU KNOW, I REALLY
CAN'T BE EXPECTED TO KNOW EVERYTHING IN WHAT'S PROBABLY AROUND 9,000
PAGES OF BUDGET. AND WHEN I WAS ASKED A QUESTION, YOU MIGHT SEE
THEM DOING THE CURLY SHUFFLE, COMING UP AND GOING -- GOING BACK. DO
YOU ALL KNOW WHO CURLY IS BECAUSE IT WAS YOUNG PEOPLE. BUT ANYWAY,
ONE OF THE STOOGES.
ANYWAY -- MIKE, YOU KNOW.
(LAUGHTER)
AND, YOU KNOW, THEY WOULD WHISPER TO ME WHAT THE
ANSWERS ARE, AND, YOU KNOW, JUST TO MAKE ME LOOK GOOD.
I WANT TO THANK THE SPEAKER FOR GIVING ME THE
OPPORTUNITY TO -- TO DO THIS. I HAD LONG -- LONGED FOR IT A -- FOR A VERY
LONG TIME. AND I'LL GIVE YOU A QUICK STORY. WHEN I WAS FIRST ELECTED
BACK IN '92, I WENT TO A NEW MEMBERS WELCOMING, AND SOMEBODY
NAMED NAOMI MATUSOW, WHO MANY OF YOU KNOW. AND SHE WAS THE
MEMBER THAT WAS ELECTED BACK WHEN -- WHEN -- WHEN I WAS. AND AT
THAT MEETING WITH ALL THE NEW MEMBERS WAS SHELLY SILVER. AND I WAS
THE NEOPHYTE. I DIDN'T KNOW A WHOLE LOT OF THINGS. AND WHEN I MET
HIM, I SAID, I'M GONNA BE ON YOUR COMMITTEE. JUST LIKE THAT. I SAID,
YOU KNOW, ONE OF THE RAMBUNCTIOUS YOUNGSTERS, I'M GONNA BE ON YOUR
COMMITTEE. AND HE SAYS, THERE ARE NO FRESHMAN ON MY COMMITTEE.
(LAUGHTER)
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NYS ASSEMBLY MAY 8, 2025
WELL, I THINK HE'S LOOKING DOWN ON US NOW AND
SAYING, GEE, THE FRESHMAN FINALLY MADE IT.
SO, ANYWAY, I WANT TO THANK YOU. I WANT TO THANK
MR. RA FOR ALL THE HELP THAT HE GAVE. YOU KNOW, THERE -- THERE WAS
COOPERATION. WE -- WE WEREN'T FIGHTING BACK AND FORTH HERE. WE --
EVERYONE HAD POINTS TO MAKE, AND SOME POINTS WERE WELL-TAKEN. AND I
WILL TAKE BACK TO MY SIDE SOME OF THE POINTS THAT WERE MADE BY THE
OTHER SIDE ON THIS BUDGET BECAUSE, YOU KNOW, WE ALL HAVE IDEAS. IT HAS
BEEN SAID THAT WE ALL REPRESENT 140,000 PEOPLE, WHICH IS TRUE. AND IF
YOU REPRESENT, YOU KNOW, ONE-SIXTH OF THE STATE, THAT'S A LARGE PORTION
OF A 20 MILLION -- 20 MILLION-PERSON POPULATION. SO I THINK WE HAVE TO
GIVE THEM WHATEVER RESPECT THAT THEY'RE DUE.
WITH THAT, MADAM SPEAKER, I CAST MY -- I GUESS IF
THERE'S TEN BILLS IN 30 YEARS, THAT'S A 300TH VOTE YES ON A BUDGET SINCE I
HAVE NEVER VOTED NO ON A BUDGET BILL. SO --
ACTING SPEAKER HUNTER: THANK YOU.
MR. PRETLOW: I VOTE YES.
ACTING SPEAKER HUNTER: MR. PRETLOW IN THE
AFFIRMATIVE.
(APPLAUSE)
MS. WALSH TO EXPLAIN HER VOTE.
MS. WALSH: THANK YOU, MADAM SPEAKER.
SO, I DON'T WANT THIS EVENING TO END WITHOUT AT LEAST
EXPRESSING MY DEEP APPRECIATION NOT ONLY TO THE WAMS STAFF, BUT ALSO
TO ED RA.
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NYS ASSEMBLY MAY 8, 2025
(APPLAUSE)
ED IS THE FIRST ONE TO STAND UP AT THE MICROPHONE AND
THANK EVERYBODY ELSE. BUT I THINK IT'S IMPORTANT TO RECOGNIZE THE -- THE
TONE THAT HE SETS, AND THE REALLY STEADY HAND THAT HE HAD IN GUIDING OUR
WHOLE CONFERENCE THROUGH THIS -- THIS PROCESS. AND THE TIME THAT HE
PUTS IN IS REMARKABLE. AND HE MIGHT DESCRIBE HIMSELF AS A NERD OR A
WONK, BUT, YOU KNOW, HE'S EXACTLY THE PERSON THAT WE NEED HIM TO BE
THROUGH THIS PROCESS. AND I JUST WANT TO EXTEND, COLLECTIVELY, ALL OF OUR
THANKS TO ED. SO THANK YOU VERY MUCH.
I'LL BE IN THE NEGATIVE ON THIS BILL.
(LAUGHTER)
NOT TO BE A BUZZ KILL, BUT I CAN'T SUPPORT AN 8.9
PERCENT INCREASE IN THE JUDICIARY.
BUT OTHER THAN THAT, HAVE A GREAT EVENING, EVERYBODY.
(LAUGHTER)
ACTING SPEAKER HUNTER: MS. WALSH IN THE
NEGATIVE.
MS. LUCAS TO EXPLAIN HER VOTE.
MS. LUCAS: THANK YOU, MADAM SPEAKER.
I RISE TODAY PROUDLY IN SUPPORT OF THIS YEAR'S BUDGET,
AND I RISE WITH THE VOICES OF EAST NEW YORK, STARRETT CITY, BROWNSVILLE
AND CANARSIE BEHIND ME. I'M HONORED TO BE THE VOICE OF THE AMAZING
AND VALIANT 60TH ASSEMBLY DISTRICT.
THIS IS MORE THAN JUST A BUDGET. THIS IS A STATEMENT
OF VALUES. THIS IS A BUDGET THAT SAYS, WE SEE YOU TO COMMUNITIES THAT
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NYS ASSEMBLY MAY 8, 2025
HAVE TOO OFTEN BEEN OVERLOOKED, UNDERINVESTED, AND UNDERESTIMATED.
I VOTED YES BECAUSE THIS BUDGET DELIVERS FOR WORKING
FAMILIES. IT BRINGS $1,000 PER CHILD THROUGH AN EXPANDED CHILD CARE --
TAX CREDIT. IT BRINGS FREE SCHOOL MEALS TO OUR STUDENTS SO NO CHILD STARTS
THEIR DAY HUNGRY, AND NO PARENT HAS TO CHOOSE BETWEEN LUNCH MONEY
AND RENT. IT BRINGS $2 BILLION FOR AFFORDABLE CHILDCARE BECAUSE EVERY
PARENT DESERVES A CHANCE TO WORK, PROVIDE, AND KNOW THEIR CHILD IS
SAFE AND CARED FOR.
IT BRINGS A HISTORIC $1 BILLION TAX CUT TO LOW- AND
MIDDLE-INCOME NEW YORKERS. THAT'S REAL RELIEF IN OUR POCKETS AT A
TIME WHEN PRICES ARE HIGH AND OPPORTUNITIES FEEL TOO FAR OUT OF REACH.
BUT, MADAM SPEAKER, WHAT MOVES ME MOST DEEPLY,
WHAT MADE THIS VOTE NOT JUST EASY BUT NECESSARY, IS WHAT WE'VE DONE
FOR HOUSING JUSTICE FOR TENANTS AND HOMEOWNERS. MAJOR INVESTMENTS.
EQUITABLE INVESTMENTS. LIFE-CHANGING INVESTMENTS.
IN EAST NEW YORK, IN STARRETT CITY AND BROWNSVILLE
AND CANARSIE, TOO MANY OF MY NEIGHBORS LIVE WITH THE FEAR OF
DISPLACEMENT. TOO MANY FAMILIES FACE LANDLORDS WHO ABUSE LOOPHOLES
AND PUSH TENANTS OUT. TOO MANY SENIORS AND SINGLE MOTHERS ARE JUST
ONE RENT INCREASE AWAY FROM THE STREETS.
THIS BUDGET FIGHTS BACK. IT FUNDS EVICTION PREVENTION.
IT SUPPORTS PRESERVATION AND AFFORDABILITY IN MITCHELL-LAMA AND PUBLIC
HOUSING. AND IT INCLUDES THE HOUSING ACCESS VOUCHER PROGRAM, ONE
OF THE MOST IMPORTANT HOUSING VICTORIES OF OUR STATE --
ACTING SPEAKER HUNTER: THANK YOU, MS.
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NYS ASSEMBLY MAY 8, 2025
LUCAS. HOW DO YOU VOTE?
MS. LUCAS: -- HAS SEEN IN DECADES.
I VOTE YES.
ACTING SPEAKER HUNTER: THANK YOU.
MS. LUCAS IN THE AFFIRMATIVE.
MS. WOERNER TO EXPLAIN HER VOTE.
MS. WOERNER: THANK YOU, MADAM SPEAKER, TO
ALLOW -- FOR ALLOWING ME TO EXPLAIN MY VOTE.
WHAT I REALLY WANT TO SAY IS JUST A HUGE THANK YOU TO
COLLIN EVERS AND HIS STAFF -- HIS TEAM, AND MATT HENNING AND HIS TEAM
FOR HELPING A NEW CHAIR NAVIGATE HER WAY THROUGH THE BUDGET PROCESS
IN A WAY SHE'S NEVER HAD TO EXPERIENCE BEFORE. THANK YOU VERY MUCH
FOR ALL YOUR HELP. IT MADE A HUGE DIFFERENCE.
AND I WANT TO JUST SAY TO -- TO GARY PRETLOW. GARY,
YOU DID AN AMAZING JOB. YOU WERE -- IT WAS A MASTER CLASS ON HOW
TO -- HOW TO HANDLE THIS. AND -- AND AS A -- JUST AMAZING.
CONGRATULATIONS.
(APPLAUSE)
AND WITH THAT, I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER HUNTER: MS. WOERNER IN THE
AFFIRMATIVE.
MR. TAGUE TO EXPLAIN HIS VOTE.
MR. TAGUE: THANK YOU, MADAM SPEAKER, FOR
ALLOWING ME TO EXPLAIN MY VOTE.
UNFORTUNATELY, I'LL BE VOTING NO ON THIS BILL. I JUST
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NYS ASSEMBLY MAY 8, 2025
CAN'T SEE AN 8.9 PERCENT INCREASE ON PAY FOR THE JUDICIAL [SIC], WHEN THIS
LEGISLATURE, WE HAVE HAD TWO PAY RAISES. AND THESE FOLKS THAT WE WERE
ALL JUST CLAPPING AND BRAGGING ABOUT HAVEN'T GOTTEN A BUMP IN THEIR --
IN THEIR PAY.
SO I THINK THAT WHEN WE -- AS WE MOVE FORWARD, WHEN
WE COME IN NEXT YEAR, IT'S TIME TO THINK ABOUT THESE FOLKS THAT DO ALL THE
WORK. AND WHILE I'M SAYING THAT, I WANT TO THANK LAUREN O'HARE,
WHO'S OUR CHIEF-OF-STAFF IN THE REPUBLICAN CONFERENCE.
(APPLAUSE)
THIS WAS HER FIRST YEAR AS CHIEF-OF-STAFF, AND SHE'S
DONE A PHENOMENAL JOB. AND I JUST WANT TO THANK HER AND TO ALL THE
PEOPLE THAT KEEP US MOVING EVERY DAY THAT WE'RE HERE.
AND I ALSO WANT TO THANK GARY PRETLOW. GARY, THANK
YOU. I THINK WE HAVE A GREAT FRIENDSHIP. AND EVEN THOUGH A LITTLE BIT
OF JOKING BACK AND FORTH, I HAVE A LOT OF RESPECT FOR YOU AND APPRECIATE
EVERYTHING YOU'VE DONE THROUGH THIS PROCESS.
AND, OF COURSE, ED RA IS A TRUE PROFESSIONAL. I'M
PROUD AND HONORED TO SERVE WITH HIM IN THE SAME CONFERENCE.
BUT LET'S REALLY THINK ABOUT IT. MOVING FORWARD, IT'S
TIME TO TAKE CARE OF THE PEOPLE THAT DO ALL THE HARD WORK. LET'S BUMP
UP OUR EMPLOYEES. IT'S TIME. THEY DESERVE IT. WE DON'T HAVE A
PROBLEM SPENDING $254 BILLION IN THE STATE OF NEW YORK. LET'S TAKE
CARE OF THE PEOPLE THAT TAKE CARE OF US.
I VOTE NO.
(APPLAUSE)
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ACTING SPEAKER HUNTER: MR. TAGUE IN THE
NEGATIVE.
MR. ALVAREZ TO EXPLAIN HIS VOTE.
MR. ALVAREZ: THANK YOU, MADAM SPEAKER.
I HAVE THE HONOR AND THANKFUL TO BE AN
ASSEMBLYMEMBER REPRESENTING THE 78TH ASSEMBLY DISTRICT.
TODAY I PROUDLY CAST A YES VOTE ON THIS YEAR'S STATE
BUDGET BECAUSE IT'S A SLAM-DUNK FOR THE NORTHWEST BRONX AND A
VICTORY FOR WORKING FAMILIES ACROSS NEW YORK.
THIS BUDGET DELIVERS REAL, IMMEDIATE RELIEF. A
THOUSAND DOLLARS [SIC] CHILD TAX CREDIT. FREE SCHOOLS [SIC] MEAL FOR
EVERY STUDENTS [SIC]. INFLATION REFUND CHECKS. IT BRINGS OVER 2 BILLION
TO EXPAND AFFORDABLE CHILDCARE AND CREATE A HISTORIC 1 BILLION TAX CUT
FOR LOW- AND MIDDLE-INCOME NEW YORKERS. THAT MEANS MORE SUPPORT
FOR FAMILIES TRYING TO MAKE ENDS MEET, A LITTLE BREATHING ROOM FOR THE
PEOPLE WHO CARRY OUR ECONOMY ON THEY [SIC] BACK.
BUT FOR ME, MADAM SPEAKER, WHAT HIT CLOSEST TO HOME
IS INVESTMENT IN HOUSING. WE'RE TALKING ABOUT (INDISCERNIBLE) SHELTER,
RENT TAXES FOR MITCHELL-LAMA RESIDENTS. A STRONGER PRESERVATION
PROGRAMS [SIC] AND DIRECT PROTECTION TO KEEP OUR COMMUNITIES
AFFORDABLE.
AND LET'S BE CLEAR: KEEPING PEOPLE HOUSED MEANS
PROTECTING THEIR LEGAL RIGHTS, TOO. THIS BUDGET INCLUDE [SIC] CRUCIAL
FUNDING TO EXPAND THE LEGAL RIGHT TO COUNSEL IN EVICTION PROCEEDINGS.
THAT MEANS TENANTS IN THE BEAUTIFUL 78TH ASSEMBLY DISTRICT, MANY WHO
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ARE SENIORS, IMMIGRANTS OR WORKING FAMILIES, WILL FINALLY HAVE THE LEGAL
PROTECTION THEY NEED WHEN FACING UNFAIR EVICTION. BECAUSE HAVING A
LAWYER CAN BE DIFFERENCE [SIC] BETWEEN LOSING YOUR HOME AND KEEPING
YOUR DIGNITY.
AND AT THE HEART WITH ALL OF THIS IS SOMETHING TRULY
HISTORIC, THE HOUSING ACCESS VOUCHER PROGRAM. LET ME SAY IT CLEAR,
HOUSING ACCESS VOUCHER PROGRAM IS A GAME CHANGER. IT'S THE
STRONGEST COMMITMENT NEW YORK HAS EVER MADE TO HELP FAMILIES AVOID
HOMELESSNESS AND THEY STAY HOUSED WITH DIGNITY. IT'S A SAFETY NET WE'VE
BEEN FIGHTING FOR; IT EMPOWERS TENANTS, STABILIZE NEIGHBORHOODS, AND
BRING REAL HOPE TO PEOPLE WHO HAVE BEEN PRICED OUT OF --
ACTING SPEAKER HUNTER: THANK YOU, MR.
ALVAREZ. HOW DO YOU VOTE?
MR. ALVAREZ: I VOTE YES.
ACTING SPEAKER HUNTER: THANK YOU.
MR. ALVAREZ IN THE AFFIRMATIVE.
MRS. PEOPLES-STOKES TO EXPLAIN HER VOTE.
MRS. PEOPLES-STOKES: THANK YOU, MADAM
SPEAKER, FOR ALLOWING ME TO EXPLAIN MY VOTE.
IT'S A WONDERFUL FEELING TO SAY THANK YOU, MADAM
SPEAKER. AS WE -- WE MISS JEFF A LOT, BUT WE WANT TO REALLY THANK YOU
SO MUCH WHAT YOU'VE DONE IN YOUR FIRST INAUGURAL YEAR AS THE SPEAKER.
(APPLAUSE)
WE HAVE SO MUCH TO -- SO MANY DECISIONS TO THANK
SPEAKER HEASTIE FOR MAKING, AND HE DEFINITELY MADE A GOOD CALL WITH
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NYS ASSEMBLY MAY 8, 2025
SITTING YOU THERE. GREAT JOB. GREAT JOB.
I THINK WE SHOULD NOW GO TO RESOLUTIONS ON PAGE 3.
(PAUSE)
MADAM SPEAKER, PLEASE EXCUSE ME, BUT I NEED YOU
TO -- WE NEED TO ACKNOWLEDGE THIS GUY RIGHT HERE (INDICATING) WHO'S
ALWAYS IN MY EAR.
ACTING SPEAKER HUNTER: THAT'S TRUE.
(APPLAUSE)
MRS. PEOPLES-STOKES: JOHN KNIGHT.
I DON'T SEE HER AT THE MOMENT, BUT DEB. DEB MILLER IS
SOMEWHERE AROUND BECAUSE YOU ALWAYS SEE HER IN AND AROUND.
BETWEEN THE TWO OF THESE, THEY -- THEY'RE IN MY EAR CONSTANTLY, AND I DO
APPRECIATE THEM SO MUCH. BECAUSE IF YA'LL DON'T UNDERSTAND THIS, THE
SAME WAY WE RUN SESSION, EVERYTHING THAT'S ABOUT -- THERE SHE IS.
(APPLAUSE)
EVERYTHING THAT HAPPENS --
(APPLAUSE)
EVERYTHING THAT HAPPENS IN OUR SESSION, IT HAPPENED
JUST LIKE THIS 10 YEARS AGO, 20 YEARS AGO, 50 YEARS AGO, 100 YEARS AGO.
THEY'RE KEEPING US INTACT WITH HOW IT WAS DESIGNED TO HAPPEN IN THIS
ROOM. AND WE HAVE TO REALLY APPRECIATE THEM. SO THANK YOU.
I WANT TO SAY THE SAME THING ABOUT MICHELLE, TOO,
BECAUSE I SEE HOW --
(CHEERS/APPLAUSE)
SHE KNOWS HOW TO PASS IT ON.
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NYS ASSEMBLY MAY 8, 2025
(APPLAUSE)
AND I LOVE THE WAY HER AND JOHN JUST COMMUNICATE TO
MAKE SURE THAT EVERYTHING IS GONNA BE SMOOTH BASED ON THESE GUYS.
SO, AGAIN, CAN YOU MOVE THIS BILL, MADAM SPEAKER,
AND GO TO -- SO THE WHITE SMOKE CAN REALLY COME UP?
ACTING SPEAKER HUNTER: THANK YOU.
MRS. PEOPLES-STOKES IN THE AFFIRMATIVE.
MR. MORINELLO TO EXPLAIN HIS VOTE.
MR. MORINELLO: (INAUDIBLE) ONE PERSON, MR.
WAYNE JACKSON.
(APPLAUSE)
WHO KEPT US GOING.
(CHEERS/APPLAUSE)
AND THE HONORABLE MICHAEL NORRIS SAID THANK YOU FOR
VOTING TO HIM -- MAKE HIS PAY COME THROUGH THIS WEEK.
(LAUGHTER)
ACTING SPEAKER HUNTER: MR. MORINELLO IN
THE NEGATIVE?
OH. MR. MORINELLO IN THE AFFIRMATIVE?
MR. MORINELLO: YES.
ACTING SPEAKER HUNTER: ALL RIGHT NOW.
OKAY.
(APPLAUSE)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
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THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
(APPLAUSE)
MRS. PEOPLES-STOKES: NOW, MADAM SPEAKER,
IF WE COULD PLEASE TURN OUR ATTENTION TO RESOLUTIONS ON PAGE 3.
ACTING SPEAKER HUNTER: RESOLUTIONS, PAGE
3. RESOLUTION NO. 456, THE CLERK WILL READ.
THE CLERK: ASSEMBLY RESOLUTION NO. 456, MS.
CLARK.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM MAY 9, 2025, AS PROVIDER APPRECIATION 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. 457, MR.
GIBBS.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM MAY 11, 2025, AS MOTHER'S 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. 458, MS.
REYES.
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NYS ASSEMBLY MAY 8, 2025
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM MAY 2025, AS WORKERS' 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. 459, MS.
SOLAGES.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM MAY 2025, AS TRAUMA-INFORMED CARE
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. 460, MS.
BUTTENSCHON.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM SEPTEMBER 21, 2025, AS A DAY OF PEACE 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. 461, MS.
LUNSFORD.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
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NYS ASSEMBLY MAY 8, 2025
KATHY HOCHUL TO PROCLAIM SEPTEMBER 2025, AS EARLY INTERVENTION
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: YES, WE DO HAVE
SOME HOUSEKEEPING.
AT THE REQUEST OF THE SPONSOR, THE FOLLOWING BILL IS
RECOMMITTED BACK AS FOLLOWS: MR. JONES, RULES REPORT NO. 139, BILL
A03984 IS RECOMMITTED TO WAYS AND MEANS.
MS. PAULIN, PAGE 13, CALENDAR NO. 83, BILL NO.
A0852-A, THE AMENDMENTS ARE RECEIVED AND ADOPTED.
WE HAVE NO ADDITIONAL RESOLUTIONS.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: I NOW MOVE THAT THE
ASSEMBLY STAND ADJOURNED UNTIL MAY -- FRIDAY, MAY THE 9TH, TOMORROW
BEING A LEGISLATIVE DAY, AND THAT WE RECONVENE AT 2:00 P.M. ON MAY
THE 12TH, MONDAY BEING A SESSION DAY.
ACTING SPEAKER HUNTER: ON MRS. PEOPLES-
STOKES' MOTION, THE HOUSE STANDS ADJOURNED.
(WHEREUPON, AT 9:24 P.M., THE HOUSE STOOD ADJOURNED
UNTIL FRIDAY, MAY 9TH, THAT BEING A LEGISLATIVE DAY, AND TO RECONVENE
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NYS ASSEMBLY MAY 8, 2025
ON MONDAY, MAY 12TH AT 2:00 P.M., THAT BEING A SESSION DAY.)
334