TUESDAY, JANUARY 11, 2022 1:41 P.M.
ACTING SPEAKER AUBRY: THE HOUSE WILL COME
TO ORDER.
IN THE ABSENCE OF CLERGY, LET US PAUSE FOR A MOMENT OF
SILENCE.
(WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)
VISITORS ARE INVITED TO JOIN THE MEMBERS IN THE PLEDGE
OF ALLEGIANCE.
(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND
MEMBERS IN THE PLEDGE OF ALLEGIANCE.)
A QUORUM BEING PRESENT, THE CLERK WILL READ THE
JOURNAL OF MONDAY, JANUARY 10TH.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I MOVE TO
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NYS ASSEMBLY JANUARY 11, 2022
DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF JANUARY THE 10TH
AND ASK THAT THE SAME STAND APPROVED.
ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO
ORDERED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR. SPEAKER
AND COLLEAGUES. IT'S GOOD TO SEE FOLKS IN AND AROUND THE CHAMBERS.
NOW WE'RE GOING TO GET STARTED WITH OUR SESSION TODAY. I WOULD LIKE TO
BEGIN WITH A QUOTE. THIS ONE IS FROM AN AMERICAN PAINTER WHO WAS
ONE OF THE LEADING FIGURES IN THE FIRST GENERATION OF ABSTRACT
EXPRESSIONISTS. HE CAME UP WITH THIS APPROACH IMMEDIATELY FOLLOWING
WORLD WAR II. HIS NAME IS CLYFFORD STILL. AND HIS WORDS ARE, I THINK,
IMPORTANT TODAY, MR. SPEAKER. IT SIMPLY IS, IT'S INTOLERABLE TO BE
STOPPED BY A FRAME'S EDGE. AGAIN, THAT'S THE AMERICAN PAINTER
CLYFFORD STILL.
MR. SPEAKER, MEMBERS SHOULD NOTE THAT OUR AGENDA
FOR THE DAY, WE HAVE A MAIN CALENDAR ON YOUR DESK AND AFTER WE HAVE
DONE ANY HOUSEKEEPING WE ARE GOING TO TAKE UP RULES REPORT NO. 5 BY
MR. THIELE, AND IMMEDIATELY FOLLOWING THAT WE'RE GOING TO GO TO
CONSENT ON OUR MAIN CALENDAR.
SO, MR. SPEAKER, THAT'S THE GENERAL OUTLINE. IF YOU
HAVE ANY HOUSEKEEPING NOW WOULD BE AN APPROPRIATE TIME.
ACTING SPEAKER AUBRY: CERTAINLY, MRS.
PEOPLES-STOKES. WE HAVE A NUMBER OF PIECES OF HOUSEKEEPING.
ON A MOTION BY MS. PAULIN, PAGE 4, CALENDAR NO. 3,
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NYS ASSEMBLY JANUARY 11, 2022
BILL NO. A.129, AMENDMENTS ARE RECEIVED AND ADOPTED.
ON A MOTION BY MS. PAULIN, PAGE 8, CALENDAR NO. 23,
BILL NO. A.338, AMENDMENTS ARE RECEIVED AND ADOPTED.
ON A MOTION BY MS. PAULIN, PAGE 11, CALENDAR NO.
37, BILL NO. A.563, AMENDMENTS ARE RECEIVED AND ADOPTED.
ON A MOTION BY MS. JEAN-PIERRE, PAGE 14, CALENDAR
NO. 52, BILL NO. 815, AMENDMENTS ARE RECEIVED AND ADOPTED.
ON A MOTION BY MS. BUTTENSCHON, PAGE 16, CALENDAR
NO. 62, BILL NO. A.1121-A, AMENDMENTS ARE RECEIVED AND ADOPTED.
ON A MOTION BY MS. GLICK, PAGE 37, CALENDAR NO.
172, BILL NO. 5473-A, AMENDMENTS ARE RECEIVED AND ADOPTED.
ON A MOTION BY MR. ENGLEBRIGHT, PAGE 38, CALENDAR
NO. 178, BILL NO. A.5541-A, AMENDMENTS ARE RECEIVED AND ADOPTED.
ON A MOTION BY MS. PAULIN, PAGE 44, CALENDAR NO.
207, BILL NO. A.6259, AMENDMENTS ARE RECEIVED AND ADOPTED.
ON A MOTION BY MS. CRUZ, PAGE 44, CALENDAR NO.
209, BILL NO. A.6319, AMENDMENTS ARE RECEIVED AND ADOPTED.
ON A MOTION BY MR. MAGNARELLI, PAGE 46, CALENDAR
NO. 218, BILL NO. 6538-A, AMENDMENTS ARE RECEIVED AND ADOPTED.
AT THE REQUEST OF MS. WALLACE, CALENDAR NO. 278, BILL
NO. A.7795 IS RECOMMITTED TO THE COMMITTEE ON JUDICIARY.
PAGE 3, RULES REPORT NO. 5, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A08591, RULES REPORT
NO. 5, THIELE, ZEBROWSKI, PAULIN, ABINANTI, MCDONALD, OTIS, NIOU,
FRONTUS, MCMAHON, SILLITTI, L. ROSENTHAL, DINOWITZ, SIMON. AN ACT TO
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NYS ASSEMBLY JANUARY 11, 2022
AMEND CHAPTER 417 OF THE LAWS OF 2021 RELATING TO AUTHORIZING
POLITICAL SUBDIVISIONS TO PERMIT ANY PUBLIC BODY TO HOLD MEETINGS
REMOTELY AND WITHOUT IN-PERSON ACCESS DURING THE COVID-19 STATE
DIASTER EMERGENCY, IN RELATION TO PUBLIC BODIES HOLDING MEETINGS
REMOTELY AND TO THE EFFECTIVENESS THEREOF.
ACTING SPEAKER AUBRY: THERE IS A HOSTILE
AMENDMENT AT THE DESK OFFERED BY MR. RA WHO WILL BRIEFLY EXPLAIN THE
AMENDMENT WHILE THE CHAIR EXAMINES IT.
MR. RA.
MR. RA: THANK YOU, MR. SPEAKER. I OFFER THE
FOLLOWING AMENDMENT, WAIVE ITS READING, MOVE FOR ITS IMMEDIATE
ADOPTION AND ASK FOR AN OPPORTUNITY TO EXPLAIN IT.
ACTING SPEAKER AUBRY: PLEASE PROCEED.
MR. RA: THANK YOU, MR. SPEAKER. THE BILL-IN-CHIEF
TIES THE SUNSET DATE OF THIS OPEN MEETINGS LAW CHANGE TO ORDERS --
EXECUTIVE ORDERS PROMULGATED OR EXTENDED BY THE GOVERNOR. THE
GOVERNOR'S AUTHORITY TO RULE BY EXECUTIVE ORDER PERMITS HER TO EXTEND
THIS EXCEPTION TO THE OPEN MEETINGS LAW WITHOUT ANY INPUT OR ACTIVITY
BY THE LEGISLATURE. PLEASE KEEP IN MIND, THE LEGISLATURE RETAINS THE
AUTHORITY TO SET A SUNSET DATE OF THIS OPEN MEETINGS EXTENSION THAT
DIFFERS FROM THAT OF THE GOVERNOR. GIVEN THE SURGE IN COVID-19
CASES CAUSED BY THE DELTA AND OMICRON VARIANTS, SUBJECT GOVERNMENTS
MAY BE MEETING REMOTELY FOR THE FORESEEABLE FUTURE. HOWEVER, THE
BILL-IN-CHIEF AMENDS THE MEETING PROCEDURES OF THE ASSEMBLY AND
SENATE, NOT JUST THOSE OF LOCAL GOVERNMENTS LIKE THIS CHAPTER DID WHEN
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NYS ASSEMBLY JANUARY 11, 2022
WE FIRST ADOPTED IT LAST FALL. AS SUCH, THE LEGISLATURE HAD CONTROL OVER
THE EXPIRATION DATE OF THIS EXCEPTION TO THE OPEN MEETINGS LAW RATHER
THAN HAVING ITS SUNSET DATE BE SUBJECT TO THE WHIMS OF THE GOVERNOR
AND HER EXECUTIVE POWERS. MOREOVER, THE BILL-IN-CHIEF FAILS TO
RECOGNIZE THE CHALLENGES POSED BY AUDIO-ONLY MEETINGS. WITHOUT A
REAL-TIME VIDEO REQUIREMENT INCLUDED IN THE OPEN MEETINGS LAW
EXCEPTION, PARTICIPANTS ARE NOT VISIBLE TO THE PUBLIC. PEOPLE WITH
DIFFICULTY HEARING MAY HAVE ISSUES IDENTIFYING PARTICIPANTS IN THE
MEETING. ADDITIONALLY, MEMBERS OF THE PUBLIC MISS OUT ON ANY
NON-VERBAL CUES AND EXPRESSIONS DURING DISCUSSIONS THEY WOULD
NORMALLY SEE IN PERSON. AS SUCH, THIS AMENDMENT WILL PROMOTE GOOD
GOVERNMENT DURING A REMOTE PROCEEDING.
NOW, I WILL JUST QUICKLY READ, SINCE THIS IS SHORT, FOR
MY COLLEAGUES BECAUSE THIS IS ALL ABOUT TRANSPARENCY SO I WANT TO LET
YOU KNOW EXACTLY THE TEXT THAT I'M PROPOSING BE ADDED TO THIS BILL. IT
SAYS, "A PUBLIC BODY OPERATING REMOTELY MUST REQUIRE THAT PARTICIPANTS
REMAIN VISIBLE TO THE PUBLIC DURING ALL RECORDED VOTES. THIS
REQUIREMENT MAY BE SATISFIED BY HAVING THE VOTING PARTICIPANT AUDIBLY
IDENTIFY THEMSELVES WHEN CASTING THEIR VOTE." AND AS I SAID, IT ALSO
PUTS A FIRM DATE OF JANUARY 31, 2022 FOR THE SUNSET OF THIS RATHER THAN
ALLOWING IT TO BE DETERMINED BY THE GOVERNOR.
AS WE SAW FOR THE LAST COUPLE YEARS UNDER THE
PREVIOUS GOVERNOR, GIVING SOLE AUTHORITY OVER TO THE EXECUTIVE DID NOT
WORK OUT ALL THAT WELL. WE NEED TO MAINTAIN THE CHECKS AND BALANCES
IN OUR GOVERNMENT, AND HAVING IT UP TO THE GOVERNOR WHEN THE
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NYS ASSEMBLY JANUARY 11, 2022
LEGISLATURE CAN OR CAN'T MEET REMOTELY, I THINK, IS GIVING THE GOVERNOR
FAR TOO MUCH AUTHORITY. NOW, IF WE WERE TO EXTEND THIS TO -- JUST TO
JANUARY 31ST, WE CAN REVISIT IT. WE ARE IN REGULAR SESSION. WE WILL
HAVE THE ABILITY TO CONTINUE TO MEET REMOTELY. THERE IS NO REASON THAT
WE NEED TO LEAVE IT COMPLETELY UP TO THE GOVERNOR. MOREOVER, WITH
REGARD TO THE OTHER PIECE OF THIS AMENDMENT, WE'VE SEEN OVER THE
YEARS, OVER THE LAST COUPLE YEARS MEETING REMOTELY, SITUATIONS WHERE,
YOU KNOW, WE'VE HAD LONG, LENGTHY DEBATES ON BILLS AND I'M SURE THAT'S
HAPPENING WITH OUR LOCAL GOVERNMENTS AS WELL, AND THE PEOPLE AT HOME
ONLY SEE, YOU KNOW, THE PERSON SPEAKING. THEY DON'T KNOW WHETHER
THEIR REPRESENTATIVE HAS TURNED OFF THEIR CAMERA, GONE SHOPPING, GONE
OUT TO DO SOMETHING OR -- I MEAN, NOT OUT OF THE REALM OF THE POSSIBLE
IN THIS CHAMBER WHEN WE GO INTO LATE NIGHTS, MAYBE THEY'RE SLEEPING.
THIS WOULD REQUIRE THAT PARTICIPANTS IN A REMOTE MEETING, WHETHER IT BE
HERE IN THE STATE LEGISLATURE OR A LOCAL BODY, BE IDENTIFIED WHEN
THEY'RE VOTING. WHETHER IT'S AUDIBLY BY JUST STATING THEIR NAME AND
THEIR VOTE, OR BY REQUIRING THAT THEY BE ON CAMERA WHEN A VOTE IS BEING
RECORDED.
YESTERDAY WE ALL VOTED ALMOST IN UNISON. IT WAS TO
VOTE NO ON SOMETHING. LET'S ALL VOTE IN UNISON TODAY TO VOTE YES ON
SOMETHING AND MAKE THIS AMENDMENT THAT WILL HELP ENSURE
TRANSPARENCY AND OPEN GOVERNMENT, WHICH IS THE POINT OF THE OPEN
MEETINGS LAW.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, MR. RA.
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NYS ASSEMBLY JANUARY 11, 2022
THE CHAIR HAS EXAMINED YOUR AMENDMENT -- THE
CHAIR HAS EXAMINED YOUR AMENDMENT AND HAS FOUND IT GERMANE TO THE
BILL BEFORE THE HOUSE.
MR. RA ON THE AMENDMENT.
MR. RA: THANK YOU, MR. SPEAKER. I DON'T HAVE TOO
MUCH TO ADD BECAUSE I PROBABLY GAVE ALL OF THE INFORMATION ON THE
FRONT END THERE. BUT I JUST WANT TO AGAIN, YOU KNOW, REITERATE. THIS IS
ABOUT OPEN AND TRANSPARENT GOVERNMENT. AND REMOTE MEETINGS HAVE
BEEN A GREAT TOOL TO ENSURE GOVERNMENTS CAN CONTINUE TO FUNCTION, BUT
THEY'VE ALSO AT TIMES IN THE LAST COUPLE YEARS BECOME A WAY TO EXCLUDE
THE PUBLIC. BECAUSE THE PUBLIC DOESN'T GET TO SEE THE FULL PROCEEDINGS
IN THE WAY THEY WOULD IN PERSON. THEY DON'T KNOW WHO IS ON, WHO'S
PARTICIPATING, WHO'S NOT. AND I THINK IT'S IMPORTANT FOR OPEN
GOVERNMENT AND TRANSPARENT GOVERNMENT THAT THE PUBLIC KNOW THAT
THOSE ELECTED OFFICIALS, WHEN THEY'RE CASTING A VOTE, ARE FREE FROM
INFLUENCE BY ANYBODY, ARE CASTING THE VOTE FOR THEMSELVES, AND IT WILL
CONTINUE TO FOSTER THE TRANSPARENCY AND OPEN GOVERNMENT THAT IS WHAT
THE OPEN MEETINGS LAW IS ALL ABOUT.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. WALCZYK.
MR. WALCZYK: THANK YOU, MR. SPEAKER. AND I
APPRECIATE MY COLLEAGUE BRINGING FORWARD WHAT IS AN IMPORTANT --
IMPORTANT AMENDMENT ON THE OPEN MEETINGS LAW. THE OPEN
MEETINGS LAW IN THE STATE OF NEW YORK GUARANTEES THAT THE CITIZENS OF
THIS STATE ARE THE ONES THAT ARE IN THE POWER SEAT OF THIS GOVERNMENT.
7
NYS ASSEMBLY JANUARY 11, 2022
THE PRINCIPLE IS A GREAT ONE, MR. SPEAKER. IT ALLOWS US TO HAVE CITIZENS
IN THE BACK OF THIS CHAMBER AND UP IN THE GALLERY AND YOUR LOCAL
SCHOOL BOARD MEETINGS OR YOUR TOWN OR VILLAGE COUNCIL MEETINGS. IT
ALLOWS THE CITIZENS TO PARTICIPATE BECAUSE THERE'S A DIRECT REMINDER TO
THE REPRESENTATIVES THAT THE CITIZENS ARE THEIR BOSS EACH AND EVERY DAY.
WHEN YOU KICK YOUR BOSS OUT OF THE ROOM -- IMAGINE YOURSELF IN ANY
OTHER PROFESSION, ALL RIGHT? IMAGINE YOU'RE NOT A STATE
ASSEMBLYMEMBER TODAY, BUT YOU SHOWED UP TO WORK AT 9:00 A.M., YOU
WENT IN AND THE BOSS CAME IN TO CHECK AND SEE WHAT YOU WERE DOING
THAT DAY. HEY, JUST CHECKING IN. AND YOU SAID, GET OUT OF HERE TO YOUR
BOSS. YOU'D BE FIRED. AND FRANKLY, WITHOUT THIS AMENDMENT I THINK WE
HAVE A GREAT OPPORTUNITY TO LEAD BY EXAMPLE HERE. IN THIS CHAMBER WE
HAVE A GREAT OPPORTUNITY TO LEAD BY EXAMPLE. MY COLLEAGUE HAS
POINTED OUT A COUPLE OF THE REASONS WE CAN'T. ALREADY IN THE RULES IN
THIS CHAMBER, MR. SPEAKER, WE'RE SUPPOSED TO BROADCAST ALL OF OUR
PROCEEDINGS, INCLUDING COMMITTEE MEETINGS. WE KNOW THE TECHNOLOGY
HAS EXISTED FOR A LONG TIME - IT'S BEEN IN USE IN THIS CHAMBER FOR TWO
YEARS NOW - TO BE ABLE TO DO THAT. BUT STILL, WE IGNORE THAT SO THAT WE
CAN BE UNDER THE VEIL OF SECRECY IN ALBANY THAT IS SO FRUSTRATING OUR
BOSSES. AND HONESTLY, IF WE DON'T STARTING TAKING THE OPEN MEETINGS
LAW IN NEW YORK STATE SERIOUSLY, WE SHOULD BE FIRED BY THOSE BOSSES
THAT WE GOT KICKED OUT OF THE ROOM.
I PLAN TO SUPPORT THE AMENDMENT AND ENCOURAGE MY
COLLEAGUES TO DO THE SAME. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. THIELE ON THE
8
NYS ASSEMBLY JANUARY 11, 2022
AMENDMENT.
MR. THIELE: THANK YOU, MR. SPEAKER. WITH REGARD
TO THE AMENDMENT, I JUST WANT TO POINT OUT THAT THE BILL THAT IS BEFORE
THE LEGISLATURE TODAY THAT THIS AMENDMENT SEEKS TO CHANGE HAVE BEEN
THE RULES FOR LOCAL GOVERNMENTS AND STATE AGENCIES IN THE STATE OF NEW
YORK BEGINNING WITH THE PANDEMIC IN MARCH OF 2020 TO JUNE OF 2021.
AND THEN THERE WAS A PERIOD WHEN IT EXPIRED AND WE RESTORED IT IN
SEPTEMBER UNTIL NOW. WHAT IS IN THE BILL-IN-CHIEF IS WHAT THE RULES
HAVE BEEN FOR LOCAL GOVERNMENTS DURING THAT PERIOD OF TIME, TO HAVE --
TO BE ABLE TO KEEP GOVERNMENT OPERATING TO STILL MEET THE SPIRIT, IF NOT
THE LETTER, OF THE OPEN MEETINGS LAW. AND, YOU KNOW, IT IS -- THEY
HAVE DONE AN OUTSTANDING JOB - WHETHER IT BE LOCAL GOVERNMENTS OR
STATE BODIES - NOT JUST KEEPING THE GOVERNMENT AFLOAT, BUT RESPONDING
IN A HEROIC WAY TO THE PANDEMIC AND KEEPING OUR PEOPLE SAFE. SO THIS
IS SOMETHING -- SOMETHING THAT I BELIEVE AS LONG AS THE PANDEMIC
CONTINUES, HAS WORKED WELL. AND THIS IS A TRUE EMERGENCY RESPONSE.
WE WOULD NOT BE PUTTING A BILL LIKE THIS FORWARD TO AMEND THE OPEN
MEETINGS LAW IF NOT FOR THE EMERGENCY. IT IS SUPPOSED TO BE IN PLACE
DURING AN EMERGENCY PERIOD. AND THAT IS WHY IT IS TIED TO WHEN AND
HOW LONG THE EMERGENCY AND THE EMERGENCY DECLARATION IS GOING TO
STAY IN PLACE. I DON'T THINK ANYBODY BELIEVES THAT THIS IS ALL GOING TO BE
OVER BY JANUARY 31, 2022. WHILE I'M SITTING HERE THERE WAS AN ARTICLE
THAT CAME ACROSS JUST IN THE WALL STREET JOURNAL. HOSPITALIZATIONS ARE
THE HIGHEST THEY'VE BEEN DURING THE ENTIRE PANDEMIC. THIS IS NOT
ENDING IN THE NEXT TWO WEEKS. LOCAL GOVERNMENTS HAVE TO PLAN. NEXT
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NYS ASSEMBLY JANUARY 11, 2022
MONTH, TOWNS, VILLAGES, CITIES, THEY'RE PLANNING AND SCHEDULING PUBLIC
HEARINGS FOR ZONING BOARDS, FOR PLANNING BOARDS, FOR LOCAL LAWS. THEY
HAVE TO KNOW WHAT TO PUT IN THE NEWSPAPER. WHAT NOTICES TO PROVIDE
TO THE PUBLIC AS TO WHEN MEETINGS ARE GOING TO BE AND HOW THEY'RE
GOING TO BE HELD. EXTENDING THIS FOR TWO WEEKS FOR JANUARY 31ST JUST
ISN'T GOING TO LET THEM DO THAT. FURTHER, YOU KNOW, TO JUST SUDDENLY
CHANGE THE RULES WITH THIS AMENDMENT TODAY FOR LOCAL GOVERNMENTS,
THEY -- THEY KNOW WHAT THE RULES ARE TODAY, AND THEY KNOW HOW TO
HANDLE THEM FOR THEIR MEETINGS. SO TO CHANGE THOSE I JUST THINK IS
GOING TO -- TO BRING ABOUT CONFUSION.
WITH REGARD TO THE STATE LEGISLATURE AND OUR ROLE IN
THIS, AND WE ARE INCLUDED IN THIS BILL, YOU KNOW, I WOULD JUST SAY THAT
THIS LEGISLATION IS AN AUTHORIZATION. THIS AUTHORIZES LOCAL GOVERNMENTS,
STATE AGENCIES, STATE BODIES, EVEN THE LEGISLATURE. IT'S AN AUTHORIZATION
TO US TO BE ABLE TO MAKE THESE EXCEPTIONS TO THE OPEN MEETINGS LAW.
IT'S NOT A MANDATE. IT'S AN AUTHORIZATION. WE'RE RELYING ON HOME RULE
HERE. LOCAL GOVERNMENTS CAN DECIDE TO DO OR NOT DECIDE TO DO IT. WE
CAN DECIDE TO DO IT OR NOT DO IT. THE KIND OF THINGS THAT ARE BEING
TALKED ABOUT TODAY DON'T BELONG IN THIS LEGISLATION, BUT THEY'D PERHAPS
BE MORE SUITABLE TO TALK ABOUT WHAT OUR RULES SHOULD BE FOR THE
OPERATION THIS YEAR, WHEN WE TALK ABOUT WHAT THE RULES ARE GOING TO BE
AND ANY CHANGES WE'RE GOING TO MAKE TO THE RULES. SO I BELIEVE THAT
THIS -- THIS AMENDMENT IS ILL-CONSIDERED. YOU KNOW, IF -- YOU KNOW, TO
QUOTE THE GREAT ORATOR SENATOR JOHN BLUTARSKY, IT'S NOT OVER UNTIL WE
SAY IT'S OVER. AND UNDER SECTION 28 OF THE EXECUTIVE LAW, THE
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NYS ASSEMBLY JANUARY 11, 2022
LEGISLATURE GETS TO DECIDE ULTIMATELY WHEN THE EMERGENCY IS OVER. THE
GOVERNOR DOESN'T LET IT EXPIRE AND WE THINK IT SHOULD BE OVER, WE
PASSED THE CONCURRENT RESOLUTION THAT -- TO END THE EMERGENCY. WE'RE
NOT GIVING UP ANY CONTROL. WE HAVE CONTROL THE WHOLE TIME.
AND FOR THAT REASON, MR. SPEAKER, I BELIEVE THAT THE
AMENDMENT AS DRAFTED WILL PROVIDE A CONTINUATION AND CONTINUITY OF
GOVERNMENT, WILL KEEP THE RULES THE SAME FOR OUR LOCAL GOVERNMENTS OR
WILL ALLOW OUR LOCAL GOVERNMENTS TO CONTINUE TO OPERATE. I THINK JUST
DOING THIS FOR ANOTHER TWO WEEKS IS JUST GOING TO SOW THE SEEDS OF
CONFUSION, AND I URGE A NO VOTE.
THANK YOU.
ACTING SPEAKER AUBRY: THIS IS A PARTY VOTE.
ANY MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THEIR
CONFERENCE POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY
LEADER AT THE NUMBER -- AT THE NUMBERS PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE SUPPORTS THIS AMENDMENT AND WILL BE VOTING IN FAVOR OF IT.
IF, HOWEVER, THERE'S ANY MEMBERS THAT WOULD NOT LIKE TO SUPPORT THIS
THEY ARE ENCOURAGED TO CALL THE MINORITY LEADER'S OFFICE SO WE CAN
RECORD THEIR VOTE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: MAJORITY LEADER.
MS. SOLAGES: THANK YOU, MR. SPEAKER. I WANT TO
REMIND MEMBERS THAT THE COMMITTEE PROCESS IS AN INTEGRAL COMPONENT
11
NYS ASSEMBLY JANUARY 11, 2022
OF REPORTING BILLS TO THE ASSEMBLY FLOOR. THE AMENDMENT BEFORE US
BYPASSES THAT PROCESS. WHILE I RESPECT OUR COLLEAGUES ON THE OTHER
SIDE, I BELIEVE THAT THIS BILL IN ITS EXISTING FORM TAKES INTO CONSIDERATION
WHAT IS BEST FOR NEW YORKERS. SO I URGE MY COLLEAGUES TO VOTE AGAINST
THIS AMENDMENT.
I ALSO WANT TO REMIND MY COLLEAGUES THAT THIS IS A
PARTY VOTE. MAJORITY MEMBERS WILL BE RECORDED IN THE NEGATIVE. IF
THERE ARE ANY EXCEPTIONS, I ASK MAJORITY LEADER TO CONTACT THE
MAJORITY'S OFFICE AT THE NUMBER PREVIOUSLY PROVIDED AND I WILL THEN
ANNOUNCE YOUR NAME ACCORDINGLY.
THANK YOU.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE AMENDMENT IS DEFEATED.
ON THE BILL. MR. RA, I DON'T BELIEVE (INAUDIBLE).
MR. RA: I JUST --
ACTING SPEAKER AUBRY: ONE MINUTE.
NO, READ THE LAST SECTION.
MR. RA: MR. SPEAKER?
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: MR. RA.
MR. RA: THANK YOU, MR. SPEAKER. WILL THE SPONSOR
YIELD?
12
NYS ASSEMBLY JANUARY 11, 2022
ACTING SPEAKER AUBRY: MR. THIELE, WILL YOU
YIELD?
MR. THIELE: YES.
MR. RA: THANK YOU. SO, I MEAN, YOU GOT INTO A
LITTLE BIT OF, YOU KNOW, THE BILL-IN-CHIEF DURING YOUR SUCCESSFUL, YOU
KNOW, ARGUMENT AGAINST MY AMENDMENT. I -- I THINK WE GAVE THE
MAJORITY MEMBERS A TASTE OF VOTING NO YESTERDAY AND THEY MUST HAVE
ENJOYED IT BECAUSE THEY WERE HAPPY TO DO SO AGAIN TODAY ON MY
AMENDMENT. BUT I -- I DID HAVE A COUPLE QUESTIONS, PRIMARILY WITH
REGARD TO -- TO WHAT YOU TALKED ABOUT. AND, YOU KNOW, OUR PUBLIC
BODIES ALL OVER THE STATE DID RELY ON THIS AUTHORITY OVER THE LAST FEW
YEARS. AND NOT HAVING A DATE CERTAIN FOR THE SUNSET, ONE OF MY
CONCERNS IT -- IT BECOMES UP TO THE DISCRETION OF THE GOVERNOR. SO
CURRENTLY, THOUGH, IT WOULD EXPIRE WHEN THAT EMERGENCY DECLARATION
EXPIRES. SO WHAT IS THE CURRENT EXPIRATION DATE OF THE EMERGENCY
DECLARATION?
MR. THIELE: WELL, FIRST OF ALL, IF WE DON'T PASS THIS
BILL THIS AUTHORITY ON THE OPEN MEETINGS LAW WOULD EXPIRE ON JANUARY
15TH REGARDLESS OF WHAT HAPPENS WITH THE -- WITH THE EXECUTIVE ORDER.
BUT THE ANSWER TO YOUR QUESTION IS THAT I BELIEVE THE EXECUTIVE ORDER
EXPIRES ON JANUARY 25TH.
MR. RA: SO TECHNICALLY, MY AMENDMENT WOULD HAVE
GIVEN OUR LOCAL GOVERNMENTS AN EXTRA SIX DAYS OF CERTAINTY. BUT WE -- I
THINK WE DO EXPECT THAT WE ARE IN THE MIDST OF WHERE WE ARE AND THAT
THAT WILL LIKELY BE EXTENDED. BUT REALLY, MY QUESTION, THEN, WITH REGARD
13
NYS ASSEMBLY JANUARY 11, 2022
TO THIS I GUESS IS, YOU KNOW, WE HAD DONE THIS IN THE FALL AND AS MANY
OF MY COLLEAGUES WOULD RECALL, IT WAS TIED WITH THE EVICTION
MORATORIUM BILL. AND REALLY, I DON'T RECALL THERE BEING TOO MUCH
DISCUSSION OF -- OF THESE PARTICULAR PROVISIONS, BUT WE KNOW AT THAT
TIME IT APPLIED ONLY TO LOCAL GOVERNMENTS, NOT TO US IN THE STATE
LEGISLATURE. THE GOVERNOR IN AN ORDER A FEW WEEKS AGO APPLIED THESE
PROVISIONS TO US UP UNTIL THAT JANUARY 15TH DATE. SO IS THERE ANY OTHER
DIFFERENCE BETWEEN THOSE OPEN MEETINGS LAW CHANGES WE DID IN THE
FALL AND THIS BILL OTHER THAN IT BECOMING APPLICABLE TO THE STATE
LEGISLATURE AS WELL AS ALL THOSE OTHER LEVELS OF GOVERNMENT?
MR. THIELE: I -- I THINK YOU IDENTIFIED THEM. I
THINK -- AS YOU MENTIONED, THE GOVERNOR THROUGH AN EXECUTIVE ORDER
HAD ADDED THE STATE LEGISLATURE. THAT IS IN HERE. THAT WAS NOT IN
CHAPTER 417. AND THE EFFECTIVE DATE WAS JANUARY 15TH AND -- I'M
SORRY, THE EXPIRATION DATE IS JANUARY 15TH AND THIS WOULD CHANGE THAT
EXPIRATION DATE AS WE HAVE DISCUSSED.
MR. RA: AND -- AND JUST SO WE'RE CLEAR, YOU DID, I
BELIEVE, MENTION THIS, BUT IN ADDITION TO THE GOVERNOR BEING ABLE TO,
YOU KNOW, END THAT DECLARATION UP UNTIL A CERTAIN DATE, WE STILL, AS THE
LEGISLATURE WOULD RETAIN THE POWER TO END THE EMERGENCY DECLARATION
OURSELVES?
MR. THIELE: THAT'S CORRECT. UNDER SECTION 28 OF
THE EXECUTIVE LAW THE LEGISLATURE BY CONCURRENT RESOLUTION CAN
TERMINATE AN EXECUTIVE ORDER.
MR. RA: OKAY. THANK YOU, MR. THIELE.
14
NYS ASSEMBLY JANUARY 11, 2022
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. RA: JUST QUICKLY, YOU KNOW, I WANTED TO JUST
MAKE THAT POINT ONE MORE TIME WITH REGARD TO THIS EXECUTIVE ORDER
EMERGENCY DECLARATION AND ITS IMPACT ON EXTENDING THIS. SURE, IF WE
WERE TO DO A DATE CERTAIN, WHETHER IT WAS JANUARY 31ST OR ANY OTHER
DATE, IT MAY BE EXTENDED. BUT ONE OF THE PROBLEMS WE SAW FAR TOO
OFTEN BOTH ON THE PREVIOUS GOVERNOR AND, UNFORTUNATELY, I THINK THIS
HAS BEEN SOMEWHAT CONTINUED, IS THESE ANNOUNCEMENTS COME ABOUT ALL
OF A SUDDEN. EVEN THIS ONE THAT APPLIED TO THE LEGISLATURE KIND OF WAS
IN THE MIDDLE OF THE HOLIDAYS AND STUFF. NOBODY -- IT JUST ALL OF A
SUDDEN, YOU KNOW, LATE ONE NIGHT THIS -- THIS ORDER WAS PUT OUT. AND I
DON'T SEE HOW THAT GIVES ANY CERTAINTY TO OUR LOCAL GOVERNMENTS WHEN
IT COMES TO PLANNING. I THINK IT IS MUCH CLEARER THAT THERE BE A SUNSET
DATE AND A DATE CERTAIN. MAYBE -- AND MAYBE JANUARY 31ST IS -- IS
SOON. YOU KNOW, THE REASON WE WERE SUGGESTING THAT DATE IS BECAUSE
IT GETS US OUT ANOTHER FEW WEEKS AND WE CAN REALLY TALK ABOUT SOME OF
THE TRANSPARENCY ISSUES THAT I TALKED ABOUT THAT I THINK ARE IMPORTANT
WHEN -- WHEN GOVERNMENTS ARE MEETING REMOTELY. ONE OF THE POINTS I
WOULD MAKE UNDER THIS LANGUAGE -- AND -- AND I RAISED THIS BACK IN, I
GUESS, THE END OF AUGUST WHEN -- WHEN WE DID THE ORIGINAL BILL -- WAS
THE FACT THAT IT REALLY DOESN'T REQUIRE TWO-WAY COMMUNICATION, YET IT
REQUIRES THINGS TO BE PUT SOMEPLACE SO THAT THE PUBLIC COULD VIEW
THEM. BUT IT DOESN'T NECESSARILY REQUIRE THAT THERE BE ANYTHING IN PLACE
TO ALLOW THE PUBLIC TO INTERFACE WITH THAT LEVEL OF GOVERNMENT, WHICH I
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NYS ASSEMBLY JANUARY 11, 2022
THINK WE ALL KNOW, ESPECIALLY ON THE LOCAL LEVEL, THAT IT'S NORMALLY A
PART OF A LOT OF LOCAL MEETINGS IS -- IS AN OPPORTUNITY FOR THE PUBLIC TO
COMMENT ON THINGS, AND THAT REALLY CAN BE LOST HERE. SO WHILE I DO
THINK THAT, YOU KNOW, WE'RE TRYING TO DO THE BEST WE CAN UNDER THESE
CIRCUMSTANCES TO ENSURE OUR LOCAL GOVERNMENTS AND OUR STATE
GOVERNMENT CAN CONTINUE TO FUNCTION, I DO THINK WE SAW OVER THE LAST
ALMOST TWO YEARS NOW PLENTY OF INSTANCES WHERE THERE HAVE BEEN
FRUSTRATIONS OF THE PUBLIC, THAT THEY DIDN'T HAVE FULL TRANSPARENCY AS TO
WHAT WAS GOING ON OR THAT THEY WERE FRUSTRATED WITH THEIR INABILITY TO
PARTICIPATE IN -- IN A MEETING IN THE WAY THEY WOULD NORMALLY BE ABLE
TO IN PERSON. THE TECHNOLOGY IS THERE. WE'VE ALL LEARNED HOW TO USE IT.
WE USE IT IN OUR EVERYDAY LIVES, WHETHER IT'S MEETING WITH CONSTITUENTS,
MEETING WITH ORGANIZATIONS OR HAVING ACTUAL MEETINGS HERE IN THE
LEGISLATURE, OUR COMMITTEE MEETINGS. SO THE TECHNOLOGY CERTAINLY
EXISTS. AND I THINK THAT OUR GOAL SHOULD BE TO CONTINUE GOING FORWARD
AND FUNCTIONING AS A GOVERNMENT, BUT DOING EVERYTHING WE CAN DO TO
MAKE IT AS CLOSE TO THE LEVEL OF OPENNESS THAT PEOPLE ARE USED TO IF WE
WERE ALL TOGETHER IN THE SAME PLACE. AND AGAIN, I THINK THAT SOME
SIMPLE MEASURES LIKE WHAT WAS SUGGESTED BY MYSELF EARLIER WOULD HELP
ACCOMPLISH THAT.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD
THE SPONSOR YIELD?
16
NYS ASSEMBLY JANUARY 11, 2022
ACTING SPEAKER AUBRY: MR. THIELE, WILL YOU
YIELD?
MR. THIELE: YES.
ACTING SPEAKER AUBRY: MR. THIELE YIELDS.
MR. GOODELL: THANK YOU, MR. THIELE. AS YOU
KNOW, WE'VE GONE THROUGH A LOT OF COVID RESTRICTIONS OVER THE LAST
YEAR-AND-A-HALF, TWO YEARS ALMOST NOW. AND WE STARTED OUT WITH THE
GOVERNOR CLOSING DOWN MASSIVE PARTS OF OUR STATE. I MEAN, HE CLOSED
DOWN ALL OF OUR SCHOOLS, INCLUDING ALL THE SCHOOLS IN MY DISTRICT WHEN
WE DIDN'T HAVE A SINGLE RECORDED COVID CASE. HE CLOSED DOWN
VARIOUS BUSINESSES, HE CLOSED DOWN ALL THE LOCAL RETAIL STORES BUT NOT
WALMART. HE CLOSED DOWN THE CHURCHES BUT NOT THE LIQUOR STORES. AND
THERE'S A LOT OF FRUSTRATION WITH ALL THESE BUSINESSES BEING CLOSED IN
WHAT APPEARED TO BE AN ARBITRARY MANNER. BUT OVER TIME, AS YOU KNOW,
THEY'VE ALL REOPENED. SOMETIMES WITH RESTRICTIONS LIKE YOU HAVE TO
WEAR A MASK. SPORTS VENUES NO LONGER REQUIRE THAT YOU HAVE A
VACCINATION, RIGHT, TO SHOW THAT, OR A RESTAURANT MIGHT. ARE THERE ANY
OTHER BUSINESSES THAT ARE CURRENTLY CLOSED BY LEGISLATION OR EXECUTIVE
ORDER CURRENTLY?
MR. THIELE: NOT TO MY KNOWLEDGE.
MR. GOODELL: SO AT THIS POINT ALL OF OUR SCHOOLS
ARE OPEN OR (INAUDIBLE). THERE'S NO EXECUTIVE ORDER CLOSING OUR
SCHOOLS. NO EXECUTIVE ORDER CLOSING BUSINESSES OR STORES, SPORTS
ARENAS OR COURTS. BUT THIS BILL SAYS THAT LOCAL GOVERNMENTS WOULD BE
AUTHORIZED TO MEET AND TAKE ACTION AUTHORIZED BY LAW WITHOUT
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NYS ASSEMBLY JANUARY 11, 2022
PERMITTING THE PUBLIC IN-PERSON ACCESS. RIGHT? THAT'S WHAT THIS BILL
SAYS. WHY IS IT THAT WE ARE PASSING A LAW TO ALLOW GOVERNMENT TO BAN
THE PUBLIC AT A TIME WHEN NO OTHER BUSINESS IN THIS STATE IS BANNING THE
PUBLIC FROM ACCESS?
MR. THIELE: WE'RE NOT DOING THAT.
MR. GOODELL: IT'S (INAUDIBLE) --
MR. THIELE: YOU ASKED ME A QUESTION AND I'M
GOING TO ANSWER IT. THAT'S A MISCHARACTERIZATION OF THAT. WE ARE
PROVIDING THE AUTHORITY TO LOCAL GOVERNMENTS TO MAKE THAT DECISION FOR
THEMSELVES. THEY CAN CONTINUE TO MEET IN PERSON IF THEY WANT TO.
PERHAPS THE NUMBERS ARE HIGH IN THAT PARTICULAR LOCAL GOVERNMENT AND
THEY THINK THIS IS A BETTER WAY TO GO. THIS IS AN AUTHORIZATION FOR LOCAL
GOVERNMENTS. WE ARE LETTING LOCAL GOVERNMENTS USE THEIR HOME RULE
AUTHORITY. BUT THERE'S NOTHING IN THE BILL THAT PRECLUDES LOCAL
GOVERNMENTS FROM MEETING IN PERSON IF THEY WANT TO. THAT'S THEIR
DECISION. THAT'S WHAT THIS BILL DOES. IT IS AN AUTHORIZATION, NOT A
MANDATE.
MR. GOODELL: AND I APPRECIATE THAT IT'S A LOCAL
OPTION. I DO. BUT THE LOCAL OPTION THAT WE'RE GIVING UNDER THIS
LEGISLATION, AM I CORRECT, WOULD AUTHORIZE EVERY GOVERNMENT IN THE
STATE OF NEW YORK TO TAKE ACTION WITHOUT PERMITTING PUBLIC IN-PERSON
ACCESS, CORRECT?
MR. THIELE: THAT WOULD BE A LOCAL GOVERNMENT
JUDGMENT. AND I WILL TELL YOU, THERE ARE SITUATIONS OUT THERE RIGHT NOW,
I'VE SEEN IT WHERE --
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NYS ASSEMBLY JANUARY 11, 2022
MR. GOODELL: BUT THAT'S EXACTLY WHAT THIS BILL --
MR. THIELE: LET ME ANSWER THE QUESTION. WHERE
BETWEEN MARCH OF 2020 AND -- AND JULY OR JUNE OF 2021 WHERE
MEETING REMOTELY, ACTUALLY PUBLIC PARTICIPATION IMPROVED, INCREASED.
MORE PEOPLE PARTICIPATED. AND I -- I ALSO SAW IN LOCAL GOVERNMENTS
ACROSS THE STATE THAT WHEN THIS AUTHORITY WAS TAKEN AWAY BECAUSE THE
PANDEMIC NUMBERS WERE DOWN BUT NOT OVER FROM -- FROM JUNE UNTIL
SEPTEMBER THAT THE -- THE ATTENDANCE AT LOCAL GOVERNMENT MEETINGS THAT
I SAW AND WATCHED WAS BELOW NORMAL. BECAUSE EVEN THOUGH THE LOCAL
GOVERNMENTS WERE ALLOWED TO HAVE IN-PERSON MEETINGS, PEOPLE STILL
DIDN'T WANT TO BE IN A ROOM. SO AGAIN, WE'RE NOT MANDATING LOCAL
GOVERNMENTS TO DO ANYTHING. I THINK THEY -- WE'RE GIVING THEM THE
AUTHORITY TO KIND OF JUDGE WHAT IS THE BEST WAY UNDER THESE UNIQUE AND
TRYING CIRCUMSTANCES. WHAT IS THE BEST WAY WHERE THEY CAN CONDUCT
BUSINESS AND HEAR FROM THEIR PUBLIC -- FROM THE PUBLIC AND HOW DO --
HOW DO THEY BEST FEEL SAFE AND WHAT'S THE BEST WAY TO DO THAT. AND I
DON'T THINK THE BILL DOES ANYTHING MORE THAN THAT.
MR. GOODELL: EVEN IF WE DON'T PASS THIS
LEGISLATION, AM I CORRECT THAT EVERY SINGLE GOVERNMENT IN THE STATE OF
NEW YORK CAN, WITHOUT THIS LEGISLATION, PUT THEIR PROCEEDINGS ONLINE
ON LIKE A ZOOM OR SOME OTHER VIDEO PLATFORM SO THAT PEOPLE CAN STAY AT
HOME AND WATCH IT? CORRECT? THEY DON'T NEED OUR AUTHORIZATION TO DO
THAT?
MR. THIELE: WE DON'T -- THAT'S AN INTERESTING
QUESTION BECAUSE THE -- YOU KNOW, THE OPEN MEETINGS LAW IS ACTUALLY
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NYS ASSEMBLY JANUARY 11, 2022
SILENT ON THAT POINT. AND LOCAL GOVERNMENTS HAVE QUESTIONS -- CLEARLY,
THEY CAN PUT IT ON YOUTUBE AND THINGS OF THAT NATURE. BUT THERE HAVE
BEEN SOME QUESTIONS WHICH I HOPE WE WILL, YOU KNOW, WITH THE NEW
TECHNOLOGY AFTER THE EMERGENCY IS OVER - WE HAD SOME HEARINGS IN THE
FALL - WE WILL LEARN HOW TO BEST AMEND OUR LAW TO ALLOW MAXIMIZED
PUBLIC PARTICIPATION USING THIS -- THIS NEW TECHNOLOGY. BUT, YOU KNOW,
THERE IS SOME QUESTION, FOR EXAMPLE, WITH PUBLIC HEARINGS. LIKE THE
ZONING BOARD WHICH QUASI-JUDICIAL. YOU KNOW, CAN YOU HAVE THE
HEARING ON ZOOM? CAN PEOPLE -- CAN PEOPLE TESTIFY ON ZOOM? THERE
ARE SOME QUESTIONS WITH REGARD TO THAT. BUT THE GENERAL ANSWER TO YOUR
QUESTION IS, YOU KNOW, CERTAINLY AS FAR AS BEING ON YOUTUBE OR BEING
FOR THE PUBLIC TO VIEW, THERE'S NO QUESTION THAT THEY COULD DO THAT NOW.
MR. GOODELL: NOW, THIS LEGISLATION ONLY
AUTHORIZES LOCAL GOVERNMENTS TO BAR PEOPLE FROM COMING INTO THE
BUILDING. AND THEY CAN DO THAT AS LONG AS THEY PROVIDE THE PUBLIC WITH
THE ABILITY TO VIEW OR LISTEN. THIS LEGISLATION DOES NOT IN ANY WAY
AUTHORIZE LOCAL GOVERNMENTS TO RUN A PUBLIC HEARING WHERE THE PUBLIC
CAN MAKE COMMENTS ONLINE SUCH AS THROUGH ZOOM OR ANYTHING LIKE
THAT. THIS IS -- THIS BILL DOESN'T DEAL WITH THAT, RIGHT?
MR. THIELE: IT DOESN'T. AND I -- I THINK IT'S
SOMETHING THAT WE WILL -- WHEN -- YOU KNOW, I THINK ONE OF THE -- WE
LEARNED -- WE LEARNED A LOT OF THINGS DURING THE PANDEMIC ABOUT WAYS
TO FOSTER AND IMPROVE PUBLIC PARTICIPATION, AND THE LAW NEEDS TO CATCH
UP TO TECHNOLOGY. SO I THINK THOSE ARE THINGS WE SHOULD BE ADDRESSING
AND LOOKING AT AS FAR AS IMPROVING THE OPEN MEETINGS LAW, YOU KNOW,
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NYS ASSEMBLY JANUARY 11, 2022
GOING FORWARD. WE HAD SOME HEARINGS ON THAT IN THE FALL.
ASSEMBLYMEMBER ZEBROWSKI AND I AND ASSEMBLYMEMBER BRAUNSTEIN,
OUR COMMITTEES, YOU KNOW, HAD HEARINGS ON THAT. WE GOT SOME GOOD
SUGGESTIONS. I THINK THAT WE SHOULD BE ADDRESSING THOSE ISSUES GOING
FORWARD, NO QUESTION.
MR. GOODELL: I -- I WOULD AGREE. NOW, I'M
THANKFUL THAT OUR ASSEMBLY LIVE FEED HAS CLOSED CAPTION. THIS DOESN'T
REQUIRE CLOSED CAPTION FOR THE HEARING IMPAIRED OR OTHER DISABLED
INDIVIDUALS, CORRECT?
MR. THIELE: THE BILL THAT'S BEFORE US TODAY?
MR. GOODELL: YES.
MR. THIELE: IT IS SIMPLY AN EXTENSION OF -- OF THE
PRIOR LAW. AND THOSE CERTAINLY ARE THINGS -- AGAIN, I THINK IT'S TIME TO
UPDATE THE OPEN MEETINGS LAW AND MAKE IT MORE FRIENDLY TO PUBLIC
PARTICIPATION, AND I THINK ALL THOSE SUGGESTIONS ARE GOOD ONES. BUT WE
-- WE NEED TO, YOU KNOW, WORK OUT, YOU KNOW, WHAT IS THE BEST WAY TO
DO THAT. AND RIGHT NOW WE'RE IN THE MIDDLE OF AN EMERGENCY AND WE,
AS I SAID, YOU KNOW, WE'RE GOING TO CONTINUE WITH THE EXISTING RULES.
MR. GOODELL: SIX YEARS AGO THIS LEGISLATIVE BODY
IN 2016 PASSED AN AMENDMENT TO OUR RULES THAT REQUIRED THAT AUDIO
AND/OR VISUAL BROADBAND AT COMMITTEE MEETINGS SHALL BE MADE
AVAILABLE TO THE ASSEMBLY INTERNET SITE AS SOON AS PRACTICAL. NOW, I'M
GLAD THAT WE NOW HAVE AUDIO. WE STILL DON'T HAVE A VIDEO OR A VISUAL
RECORDING OF ANY OF OUR COMMITTEE MEETINGS SIX YEARS AFTER WE ADOPTED
THIS LEGISLATION. AND I LISTENED TO ONE OF OUR COMMITTEE MEETINGS ON
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NYS ASSEMBLY JANUARY 11, 2022
AUDIO, AND I FOUND IT VERY DIFFICULT TO TELL WHO THE SPEAKERS WERE
BECAUSE THEY'RE NOT ALWAYS IDENTIFIED. DOES THIS BILL REQUIRE AS A
CONDITION OF JUST A SIMPLE AUDIO FEED THAT THE SPEAKERS BE IDENTIFIED SO
THAT THOSE IN THE PUBLIC KNOW HOW THEIR ELECTED REPRESENTATIVES ARE
VOTING OR SPEAKING ON A PARTICULAR ISSUE?
MR. THIELE: YOU KNOW, AGAIN, AS I'VE SEEN THIS
IMPLEMENTED THAT'S WHAT LOCAL GOVERNMENTS DO. THEY -- THEY REQUIRE
THAT, WHETHER IT'S THE TOWN SUPERVISOR OR THE VILLAGE MAYOR OR CHAIR OF
THE ZONING BOARD, THEY RUN THE MEETINGS AND THEY -- CERTAINLY THEY DO
THAT. AND THEY'VE BEEN DOING THAT FOR THE BETTER PART OF THE LAST TWO
YEARS.
MR. GOODELL: THANK -- THANK YOU VERY MUCH,
MR. THIELE. AND I APPRECIATE YOUR DESIRE TO GIVE THIS LOCAL OPTION TO
LOCAL GOVERNMENTS.
MR. THIELE: THANK YOU.
MR. GOODELL: ON THE BILL, SIR.
ACTING SPEAKER AUBRY: ON THE BILL.
MR. GOODELL: THANK YOU. IN ONE RESPECT I LIKE
THIS BILL BECAUSE, AS THE SPONSOR HAS -- HAS POINTED OUT, IT MERELY
AUTHORIZES LOCAL GOVERNMENT. IT DOESN'T REQUIRE THEM TO DO ANYTHING.
AND THIS BILL ONLY SETS THE MINIMUM STANDARDS. SO LOCAL GOVERNMENTS
ARE CERTAINLY FREE UNDER CURRENT LAW, WITHOUT THIS BILL, TO DO MUCH
MORE. AND I WOULD ENCOURAGE ALL LOCAL GOVERNMENTS TO DO EVERYTHING
THEY CAN TO MAXIMIZE THE ABILITY OF THE PUBLIC TO HAVE THEIR VOICES
HEARD AND THE ABILITY TO THE PUBLIC TO LISTEN TO HOW THEIR ELECTED
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NYS ASSEMBLY JANUARY 11, 2022
REPRESENTATIVES ARE DISCUSSING AN ISSUE AND VOTING ON IT. BUT I HAVE
DEEP CONCERNS WITH THIS BILL BECAUSE WHAT THIS BILL FUNDAMENTALLY DOES
IS AUTHORIZE EVERY LOCAL GOVERNMENT IN THE STATE OF NEW YORK TO BAR
PEOPLE FROM THE PUBLIC FROM ATTENDING THEIR MEETING. THAT'S WHAT IT
SAYS. IF YOU READ IT, IT'S RIGHT IN THERE. IT SAYS LOCAL GOVERNMENTS SHALL
BE, QUOTE, "AUTHORIZED TO MEET AND TAKE ACTION AUTHORIZED BY LAW
WITHOUT PERMITTING THE PUBLIC IN-PERSON ACCESS." WHICH IS THE EXACT
OPPOSITE, ISN'T IT, OF THE OPEN MEETINGS LAW. BEFORE WE PASSED THE
OPEN MEETINGS LAW TO GUARANTEE THAT PEOPLE COULD ATTEND A PUBLIC
HEARING OR A PUBLIC MEETING, BEFORE WE DID THAT, THOSE PUBLIC MEETINGS
COULD BE CARRIED LIVE ON THE LOCAL RADIO STATION. THERE'S NOTHING
PREVENTING THAT. BUT WE TOOK STEPS AND WE SAID, IT'S IMPORTANT FOR THE
PUBLIC TO BE -- BE ABLE TO ACTUALLY WATCH AND HEAR AND SEE HOW THEIR
ELECTED REPRESENTATIVE IS VOTING ON A BILL AND WHAT THEY HAVE TO SAY.
NOW, NOTHING, NOTHING CURRENTLY BARS A LOCAL GOVERNMENT FROM ADDING
ZOOM. THEY CAN DO THAT RIGHT NOW. THERE'S NOTHING THAT BARS A LOCAL
GOVERNMENT FROM PUTTING THEIR MEETINGS ON LIVE YOUTUBE. THEY CAN
DO THAT. BUT WHAT THIS BILL DOES, IT ALLOWS LOCAL GOVERNMENTS TO BAR IN-
PERSON PARTICIPATION BY THE PUBLIC. AND WHY? WHY DO WE WANT TO
ALLOW EVERY LOCAL GOVERNMENT, EVERY SCHOOL BOARD, EVERY TOWN TO BAR
THE PUBLIC FROM ATTENDING IN PERSON? WE'RE TOLD IT'S BECAUSE OF
COVID. YET AS THE SPONSOR ACKNOWLEDGED AND I AGREE WITH HIM,
CERTAINLY, THERE'S NO OTHER BUSINESS IN THE STATE OF NEW YORK THAT BARS
THE PUBLIC. YOU WANT TO WATCH A FOOTBALL GAME WITH 60,000 OTHER
PEOPLE, YOU CAN COME. YOU HAVE TO SHOW -- YOU MIGHT -- YOU MIGHT
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NYS ASSEMBLY JANUARY 11, 2022
HAVE TO SHOW YOU'RE VACCINATED, YOU MIGHT HAVE TO WEAR A MASK, YOU
CAN COME. YOU WANT TO GO TO A STORE OR A BUSINESS OR ANY OTHER
ACTIVITY IN THE STATE OF NEW YORK, YOU CAN LEGALLY ATTEND. BUT IF WE
PASS THIS, YOU CAN GO TO ANY STORE OR BUSINESS IN THE STATE OF NEW YORK
EXCEPT YOUR LOCAL SCHOOL BOARD OR YOUR LOCAL TOWN BOARD OR YOUR
COUNTY LEGISLATURE BECAUSE THEY CAN BAN YOU. AND WE ALLOW THEM TO
BAN YOU IN PERSON AS LONG AS THEY BROADCAST AN AUDIO. AND GOOD LUCK
IF YOU DON'T KNOW THE INTERNET ACCESS POINT. GOOD LUCK IF YOU DON'T
KNOW HOW TO ACCESS AT ALL. GOOD LUCK IF YOU DON'T HAVE A COMPUTER OR
CELL PHONE. THIS BILL IS THE EXACT OPPOSITE OF THE OPEN MEETINGS LAW
AND WE'RE BEING ASKED TO APPROVE IT AT THE VERY TIME WE'VE OPENED UP
THE REST OF THE STATE OF NEW YORK.
AND FOR THAT REASON I WILL NOT BE SUPPORTING IT AND
ENCOURAGE MY COLLEAGUES TO VOTE AGAINST IT AS WELL. THANK YOU, SIR.
ACTING SPEAKER AUBRY: MS. GRIFFIN.
MS. GRIFFIN: YES. I WANTED TO THANK
ASSEMBLYMEMBER THIELE FOR THIS BILL. IT'S IMPORTANT TO NOTE THAT THE
NEW YORK CONFERENCE OF MAYORS AND MUNICIPAL WORKERS SUPPORT
THIS. AND IN MY DISTRICT WE HAD MORE PARTICIPATION ON THESE ZOOM
MEETINGS BECAUSE MANY PEOPLE WHO ARE CONCERNED ABOUT COVID,
THEY'RE SICK OR SOMETHING, THEY'VE BEEN ABLE TO ATTEND.
ACTING SPEAKER AUBRY: MS. GRIFFIN, ARE YOU
ASKING A QUESTION OF THE SPONSOR?
MS. GRIFFIN: NO, I JUST WANT TO SAY HOW --
ACTING SPEAKER AUBRY: SO YOU ARE ON THE
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NYS ASSEMBLY JANUARY 11, 2022
BILL?
MS. GRIFFIN: YES.
ACTING SPEAKER AUBRY: OKAY. YOU HAVE TO
CLARIFY.
MS. GRIFFIN: I THINK IT'S IMPORTANT FOR MANY
REASONS, MOSTLY IT INCREASES PARTICIPATION IN MANY AREAS. AND OUR NEW
YORK CONFERENCE OF MAYORS SUPPORTS THIS FOR THIS TIME OF THIS
EMERGENCY WHERE MANY PEOPLE ARE CONCERNED ABOUT COVID.
THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD?
MR. THIELE: YES.
ACTING SPEAKER AUBRY: MR. THIELE YIELDS.
MS. WALSH: THANK YOU SO MUCH. I HAVE JUST HAVE
A COUPLE OF CLARIFYING QUESTIONS ABOUT THE BILL. DOES THE BILL AUTHORIZE
OR REQUIRE A, SAY, A MUNICIPALITY OR A PUBLIC ENTITY TO CHOOSE ONLY ONCE
HOW THE MEETINGS ARE GOING TO TAKE PLACE OR DOES IT ALLOW THEM TO
MAKE DIFFERENT DECISIONS MONTH BY MONTH DURING THIS PERIOD OF TIME?
MR. THIELE: WELL, MY EXPERIENCE WITH THIS IS
USUALLY, YOU KNOW, THE BOARDS WILL SET A POLICY ONE WAY OR ANOTHER
(INAUDIBLE) LOCAL GOVERNMENTS. BUT, YOU KNOW, I -- I CAN POINT TO ONE
CASE IN MY HOME VILLAGE WHERE EVEN THOUGH THE VILLAGE BOARD HAD THE
AUTHORITY TO BE ABLE TO MEET REMOTELY, THEY STILL CONTINUE TO MEET IN
25
NYS ASSEMBLY JANUARY 11, 2022
PERSON IN THAT, YOU KNOW, LARGER -- LARGER HALL. BUT THEN AS THE
NUMBERS CONTINUED TO SPIKE, EVEN THEY DECIDED TO GO TO -- TO VIRTUAL
MEETINGS. SO IT -- IT -- IT GIVES THAT FLEXIBILITY. IT GIVES THAT, YOU KNOW,
THAT AUTHORITY TO THE LOCAL GOVERNMENT. OBVIOUSLY, ALL THESE MEETINGS
HAVE TO BE NOTICED. SO A PUBLIC HEARING OR PUBLIC MEETING, WHATEVER IT
IS, THE MONTHLY MEETING, THOSE MEETINGS UNDER -- UNDER THE -- UNDER THE
-- THE PUBLIC OFFICERS LAW ALL HAVE TO BE NOTICED. THEY'VE GOT TO BE IN
THE NEWSPAPER NOTICED. THEY'VE GOT TO BE ON THEIR -- THE SIGN BOARD.
THEY'RE GOING TO BE ON THE WEBSITE SO THE PUBLIC KNOWS WHERE, WHEN,
WHAT TIME AND HOW THEY CAN ACCESS THE MEETINGS.
MS. WALSH: DOES THIS BILL, THOUGH, REQUIRE THAT
THOSE -- THAT DECISION OR THAT POLICY IS MADE AND IT'S GOT TO BE THAT
POLICY THE WHOLE TIME?
MR. THIELE: NO, IT'S LOCAL GOVERNMENT DECISION.
MS. WALSH: SO MONTH-TO-MONTH-TO-MONTH AS THIS
SITUATION CONTINUES, THEY CAN CHANGE THEIR MINDS MONTH-TO-MONTH WHAT
THEY'RE GOING TO DO.
MR. THIELE: WELL, BASED ON, I WOULD THINK, ON
CIRCUMSTANCES. I MEAN, THAT -- THAT'S CERTAINLY SOMETHING THAT LOCAL
GOVERNMENTS DO NOW. I MEAN, SOMETIMES THEY'LL -- YOU KNOW, IF
THERE'S A PARTICULAR INTEREST IN A MEETING, MAYBE THEY NORMALLY MEET AT
VILLAGE HALL, THEY DECIDE THEY'RE GOING TO MEET AT THE SCHOOL
AUDITORIUM. YOU KNOW, THERE COULD BE CHANGES IN -- IN WHERE
MEETINGS ARE. SOMETIMES THE TIMES GETS CHANGED, YOU KNOW, FOR THIS
OR THAT. AND SO, YEAH, I MEAN, THESE ARE HOME RULE DECISIONS. YES,
26
NYS ASSEMBLY JANUARY 11, 2022
THEY HAVE THAT AUTHORITY.
MS. WALSH: AND I --
MR. THIELE: AND THIS BILL DOESN'T CONVEY THAT TO
THEM, THAT'S SOMETHING THEY'VE ALWAYS HAD.
MS. WALSH: AND DOES THIS BILL SPECIFY AT ALL HOW
THEY SHOULD BE WEIGHING HOW THEY MAKE THEIR POLICY OR JUST LEAVES IT
COMPLETELY UP TO THE -- THE PUBLIC ENTITY TO MAKE THAT DECISION WITH
WHATEVER BASIS?
MR. THIELE: WELL, IT IS -- AS WOULD BE -- THIS -- THIS
BILL DOESN'T CHANGE THAT. I MEAN, WHERE, WHEN AND HOW VILLAGES,
TOWNS, CITIES, COUNTIES WANT TO MEET IS THEIR DETERMINATION. I WOULD
SAY ULTIMATELY IT'S -- IT'S -- IT'S THE VOTERS AND THEIR CONSTITUENTS THAT
MIGHT HAVE SOMETHING TO SAY ABOUT THAT. IF -- IF YOU WERE A LOCAL
GOVERNMENT THAT TRIED TO MOVE THE MEETINGS AROUND FOR THE PURPOSES OF
TRYING TO CONFUSE PEOPLE AS TO WHERE THE MEETINGS WERE, I SUSPECT YOU
MIGHT PAY A PRICE FOR THAT.
MS. WALSH: AND JUST FOLLOWING UP A LITTLE BIT ON
THAT, SO, IN -- IN MY TOWN WE HAVE A ZONING BOARD, WE HAVE A PLANNING
BOARD, WE HAVE A TOWN BOARD. WE'VE GOT DIFFERENT COMMITTEES, TOO,
THAT MEET WITHIN THE TOWN REGULARLY. MAY EACH ONE OF THOSE BOARDS OR
COMMITTEES HAVE THEIR -- HAVE A DIFFERENT -- IT'S NOT REQUIRED THAT THEY
ALL BE UNANIMOUSLY THE SAME IN TERMS OF IN PERSON VERSUS ONLINE, YOU
KNOW, OR ANYTHING LIKE THAT? THEY COULD SET -- THEY COULD EACH SET
THEIR OWN POLICIES OF HOW THEY'RE GOING TO MEET (INAUDIBLE CROSS-TALK)?
MR. THIELE: MY EXPERIENCE -- MY EXPERIENCE WITH
27
NYS ASSEMBLY JANUARY 11, 2022
THAT HAS BEEN THAT, YOU KNOW, THE -- THE LEGISLATIVE BODY, WHETHER IT'S
THE VILLAGE BOARD OR THE TOWN BOARD OR THE COUNTY LEGISLATURE, THE CITY
COUNCIL, THEY CAN DETERMINE WHETHER OR NOT THEY WANT TO HAVE ONE
UNIFORM POLICY FOR ALL THE BOARDS OF THE TOWN, OR I'VE SEEN SOME LOCAL
GOVERNMENTS THAT -- THAT WHERE -- WHERE THE LEGISLATIVE BODY DECIDED
TO LEAVE IT UP TO THE INDIVIDUAL BOARDS. BUT AGAIN, THAT -- THAT'S A
MATTER, I THINK, FOR THE -- THE LOCAL LEGISLATIVE BODY, WHETHER IT BE THE
COUNTY, THE TOWN, THE VILLAGE, THE CITY.
MS. WALSH: VERY GOOD. AND I KNOW THAT WHEN I
SERVED ON -- ON MY TOWN'S PLANNING BOARD YEARS AGO, IF WE GOT A VERY
CONTROVERSIAL ISSUE THAT CAME IN FRONT OF THE PLANNING BOARD -- I THINK
YOU REFERENCED EARLIER THAT IF YOU EXPECT A VERY LARGE GROUP OF PEOPLE,
YOU COULD MAYBE MOVE TO A DIFFERENT VENUE, MAYBE A LARGER VENUE.
WOULDN'T THIS BILL, THOUGH, ALSO GIVE THE OPTION TO THE TOWN OF JUST
SAYING, WE'RE NOT GOING TO HAVE ANY IN-PERSON MEETINGS, IT'S ALL GOING
TO BE VIRTUAL AT THIS TIME?
MR. THIELE: WELL, AGAIN, THE -- THE BASIS FOR THAT IS
-- IS BASED ON THE EMERGENCY. IN FACT, THE ISSUE THAT YOU'RE RAISING IS
ONE OF THE THINGS WHEN WE WERE HOLDING PUBLIC HEARINGS ABOUT HOW DO
WE UPDATE THE OPEN MEETINGS LAW TO FACILITATE MORE PUBLIC
PARTICIPATION, IS THERE'S A BALANCE THAT HAS TO BE STRUCK HERE. WE WANT
MORE PEOPLE TO BE ABLE TO PARTICIPATE. ZOOM, YOUTUBE, ALL OF THOSE
THINGS ARE A WAY WHERE PEOPLE COULD PARTICIPATE IN A WAY THEY COULDN'T
PARTICIPATE BEFORE. THAT'S ONE SIDE OF THE EQUATION. AND THEN WHEN
YOU'VE GOT THE PUBLIC BODY ITSELF AND -- YOU KNOW, WE SHOULDN'T BE --
28
NYS ASSEMBLY JANUARY 11, 2022
WE SHOULDN'T BE ALLOWING TECHNOLOGY TO BE USED SO THAT THE PUBLIC -- SO
THAT PUBLIC BODIES CAN EVADE THE PUBLIC ON DIFFICULT ISSUES BY SUDDENLY
MEETING REMOTELY. YOU KNOW, NOW WE'RE IN THE MIDDLE OF AN
EMERGENCY, AND, YOU KNOW, THE BASIS OF ALLOWING THIS IS FOR PUBLIC
HEALTH AND PUBLIC SAFETY. BUT I THINK THE POINT YOU'RE RAISING IS ONE OF
THE ISSUES THAT WE'RE LOOKING AT LONG-TERM WITH REGARD TO HOW DO WE
INCORPORATE THIS NEW TECHNOLOGY TO IMPROVE PUBLIC PARTICIPATION? YOU
KNOW, IT CAN BE USED FOR GOOD AND IT CAN BE USED FOR EVIL. AND I THINK
WHEN WE LOOK AT PERMANENT CHANGES TO THE LAW, WE HAVE TO KEEP THAT
IN MIND AND TRY TO FIND THAT BALANCE BETWEEN PUBLIC PARTICIPATION AND
PUBLIC ACCOUNTABILITY. WHERE -- YOU KNOW, FIND IT IN THE CONSTITUTION.
PEOPLE HAVE THE RIGHT TO CONFRONT AND -- AND TO PETITION THEIR
GOVERNMENT -- GOVERNMENT. AND THAT MEANS IN PERSON. SO, YOU KNOW,
TECHNOLOGY SHOULD NOT BE AN EXCUSE TO BE ABLE TO AVOID THAT. I JUST
HAPPEN TO THINK IN THIS PARTICULAR EMERGENCY WHERE THERE -- WHERE
THERE -- YOU KNOW, WHERE PEOPLE LITERALLY WOULD PREFER NOT TO, YOU
KNOW, BE IN THE SAME ROOM AT THE SAME TIME THAT YOU HAVE TO PROVIDE
THESE OTHER ALTERNATIVES FOR PEOPLE TO BE ABLE TO PARTICIPATE. BUT I THINK
THE POINT THAT YOU'RE RAISING AS WE GO FORWARD IS A REALLY CRITICAL POINT
THAT WE NEED TO WEIGH WHEN WE'RE LOOKING AT WHAT THE FUTURE OF THE
OPEN MEETINGS LAW SHOULD BE.
MS. WALSH: THANK YOU, MR. SPEAKER.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MS.
WALSH.
29
NYS ASSEMBLY JANUARY 11, 2022
MS. WALSH: I VERY MUCH APPRECIATE THE SPONSOR'S
CONVERSATION WITH ME JUST NOW ABOUT THE BILL, WHAT IT DOES AND WHAT IT
DOESN'T DO. AND I -- I SHARE CONCERNS THAT ARE VERY SIMILAR TO THOSE
RAISED BY MY COLLEAGUE TO THE -- TO THE RIGHT OF ME. I THINK THAT ONE OF
THE THINGS THAT I'M CONCERNED ABOUT IS THAT WHEN WE PASSED THIS
UNDERLYING BILL, YOU KNOW, LAST YEAR, WE WERE -- WE WERE IN A DIFFERENT
PLACE. AND I FEEL THAT WE HAVE -- ALTHOUGH WE ARE MASKED AND WE ARE
DISTANT AND WE -- WE'RE OPERATING IN PERSON IN THIS CHAMBER, DOING THE
PEOPLE'S BUSINESS. AND I REALLY THINK THAT ON THE LOCAL LEVEL WHERE
REALLY, AS SOMEBODY WHO'S -- YOU KNOW, THAT HAS COME UP FROM THE
LOCAL LEVEL TO BECOME A STATE REPRESENTATIVE, I CAN TELL YOU THAT AT THE
LOCAL LEVEL THAT'S WHERE THE RUBBER REALLY MEETS THE ROAD HERE. WHETHER
IT'S A SCHOOL BOARD OR WHETHER IT'S YOUR LOCAL ZONING BOARD, PLANNING
BOARD OR TOWN BOARD MEETINGS, VILLAGE MEETINGS, WHAT -- WHAT HAVE
YOU. THAT'S -- THAT'S WHERE YOU WANT TO ENCOURAGE PUBLIC PARTICIPATION.
YOU SHOULD WANT TO ENCOURAGE PUBLIC PARTICIPATION. I HAVE NO
PROBLEM AT ALL. I THINK IT'S REALLY -- IF THERE'S BEEN A SILVER LINING TO ANY
OF WHAT WE'VE BEEN GOING THROUGH OVER THE LAST TWO YEARS IS THAT WE
HAVE REALIZED THAT WE CAN REACH PEOPLE THROUGH TECHNOLOGY AND MAKE
THESE PUBLIC MEETINGS MORE ACCESSIBLE TO PEOPLE WHO FOR WHATEVER
REASON CANNOT MAKE IT IN PERSON OR DON'T WANT TO -- TO A MEETING. SO I
WOULD SEE IT AS -- AS AN IN-PERSON MEETING AND -- NOT OR -- AND AN
OPTION TO SEE ON YOUTUBE, SEE A LIVE STREAM, WATCH IT ON FACEBOOK
LIVE. WE WOULD DO IT IN ANY OTHER DIFFERENT WAY THAT YOU CAN DO IT.
BUT I DON'T THINK IT SHOULD BE "OR." I -- I AM CONCERNED THAT RIGHT NOW,
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NYS ASSEMBLY JANUARY 11, 2022
AND I THINK WE'VE -- WE'VE SEEN IT OVER THE LAST COUPLE OF YEARS AND
WE'VE SEEN IT IN THIS CHAMBER SOMETIMES. WE ARE DEEPLY DIVIDED ON
REALLY SIGNIFICANT ISSUES HAVING TO DO WITH PERSONAL FREEDOMS AND
LIBERTIES. HOWEVER YOU WANT TO DESCRIBE IT. WE HAVE A NUMBER OF
SIGNIFICANT ISSUES WHERE THE PUBLIC IS SIGNIFICANTLY DIVIDED. WE ARE
SEEING IT RIGHT NOW. I -- I'M BEING INUNDATED IN MY OFFICE RIGHT NOW
WITH E-MAILS - I'M SURE YOU ARE, TOO - ABOUT MASKING REQUIREMENTS IN
SCHOOLS. ABOUT VACCINATION REQUIREMENTS IN SCHOOLS. THE INDIVIDUALS
WANT TO BE ABLE TO GO TO THEIR SCHOOL BOARD MEETINGS AND IN PERSON
RAISE THESE ISSUES WITH THEIR DULY-ELECTED MEMBERS OF THEIR SCHOOL
BOARD. AND WHAT I'M AFRAID OF IS THAT AS WE GET INTO THESE
CONTROVERSIAL TOPICS, THERE MAY BE A TENDENCY -- AS -- AS THE SPONSOR
ACKNOWLEDGED, IT IS AN ISSUE THAT WE NEED TO CONSIDER -- TO KEEP THE
PUBLIC OUT FROM AN IN-PERSON MEETING WHEN IT GETS A LITTLE BIT TOO HOT
AND TOO HEATED. AND I THINK THAT THAT IS A -- IS A DANGER FOR US AS A
DEMOCRACY TO -- TO USE A CURRENT EMERGENCY TO -- TO EXCLUDE FOR AN
INDETERMINATE PERIOD OF TIME THE PUBLIC FROM THESE TYPES OF MEETINGS
IN PERSON. AND AGAIN, I THINK THAT WE HAVE LEARNED A LOT OVER THE LAST
COUPLE OF YEARS IN TERMS OF MASKING AND SOCIAL DISTANCING AND
VACCINES. I THINK THAT THERE IS A WAY FOR US, TOO - AND WE'RE LEARNING
THIS YEAR - FOR US TO SAFELY MEET AND INVITE THE PUBLIC TO ALSO SAFELY
MEET WITH US TO CONDUCT OUR BUSINESS.
SO I THINK THAT ALTHOUGH DECISIONS -- I LIKE THE IDEA --
AS MY COLLEAGUE STATED, I LIKE THE IDEA OF ALLOWING THE LOCALITIES TO
MAKE THEIR OWN RULES. I LIKE THAT IDEA OF GIVING THAT LOCAL CONTROL. BUT
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NYS ASSEMBLY JANUARY 11, 2022
I -- I DO WORRY ABOUT HOW IT WOULD BE EXERCISED. AND SOMETIMES
UNDER THE GUISE OF CONCERN FOR PUBLIC SAFETY IT MAY BE ACTUALLY A WAY
TO TRY TO CHILL LEGITIMATE PUBLIC PARTICIPATION THAT CAN BE DONE IN A SAFE
MANNER.
SO FOR THOSE REASONS I WON'T BE ABLE TO SUPPORT THE BILL
AS IT'S CURRENTLY WRITTEN. I WOULD HAVE SUPPORTED IT PROBABLY IF THAT
HOSTILE AMENDMENT HAD PASSED AND WE HAD TO FIND LIMITS. BUT AS IT
STANDS RIGHT NOW IN ITS CURRENT FORM I CAN'T SUPPORT IT. THANK YOU, MR.
SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
MR. SALKA ON THE BILL.
MR. SALKA: THANK YOU, MR. SPEAKER.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. SALKA: THERE'S A KEY WORD THAT COMES TO MY
MIND WHEN WE TALK ABOUT ISSUES PERTAINING TO -- OF WHAT THE SPONSOR
HAS BROUGHT FORWARD, AND THE KEY WORD IS "CONFUSION." FIRST IT WAS
TWO WEEKS TO FLATTEN THE CURVE. THEN IT WAS WEAR A MASK, DON'T WEAR A
MASK. WEAR TWO MASKS. WEAR THREE MASKS. AND THEN IT WAS TO GET A
VACCINE, YOU CAN TAKE THE MASK OFF. NOPE. NOW YOU'VE GOT TO KEEP
THE MASK ON WITH THE VACCINE. NOW YOU'RE GONNA NEED ANOTHER
VACCINE AND A BOOSTER AND FOURTH BOOSTER, CONFUSION. WHEN I TALKED TO
SCHOOL SUPERINTENDENTS, THEY DON'T KNOW WHETHER OR NOT THEY SHOULD BE
REMOTE. WHETHER OR NOT THEY SHOULD BE HYBRID. WHETHER OR NOT THEY
COULD HAVE THEIR KIDS IN SCHOOL. CONFUSION. WHEN I TALKED TO HOSPITAL
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NYS ASSEMBLY JANUARY 11, 2022
ADMINISTRATORS, THEY'RE NOT EXACTLY SURE HOW THEY'RE SUPPOSED TO BE
RUNNING THEIR INSTITUTIONS. MORE CONFUSION. THE MIXED MESSAGES THAT
HAVE BEEN COMING THROUGH FROM GOVERNMENT, FROM HEALTH AGENCIES,
FROM DIFFERENT VARIOUS ENTITIES THAT HAVE THE AWESOME RESPONSIBILITY OF
GIVING DIRECTION TO THE PEOPLE HAS FAILED US. AND NOW WE'RE ASKING
THROUGH THIS BILL FOR US TO BE ABLE TO AGAIN POSSIBLY CIRCUMVENT ONE OF
THE MOST FAVORITE THINGS IN OUR DEMOCRACY, AND THAT'S PUBLIC ACCESS TO
GOVERNMENT. SO AS A TOWN SUPERVISOR FOR 11 YEARS AND A SCHOOL BOARD
PRESIDENT, WE NEEDED GOOD, CLEAR DIRECTION WHEN WE HAD TO MAKE
CRITICAL DECISIONS. NOW, IF THERE'S A TOWN OFFICIAL, OUR GOVERNMENT
AGENCY IS SUPPOSED TO BASE THEIR INFORMATION, HOW ARE THEY SUPPOSED
TO BASE THEIR DECISION WHEN ALL THEY HAVE IN THEIR EQUATION IS
CONFUSION? SO MY CONCERN -- AND AGAIN, I -- I -- I -- I THINK THAT THE --
THE -- ANY BILL THAT'S OFFERED THAT INCREASES TRANSPARENCY AND INCREASES
ACCESSIBILITY IN SUCH TRYING TIMES IS A GREAT BILL AND I -- AND I APPLAUD
THE SPONSOR. BUT WHEN DECISIONS, CRITICAL DECISIONS HAVE TO BE MADE
THAT GIVE ACCESS OR POTENTIALLY CUT OFF PUBLIC ACCESS TO WHAT
GOVERNMENT IS DOING, I THINK THERE'S A REAL DANGER THERE.
GIVEN THAT, IT'S A GREAT BILL IN A LOT OF RESPECTS, BUT I
CAN'T IN GOOD CONSCIENCE -- IF I HAD TO MAKE THE DECISION I -- I WOULDN'T
HAVE THE RIGHT DATA TO MAKE THAT DECISION. SO IN GOOD CONSCIENCE, I
CAN'T SUPPORT THIS BILL. BUT AGAIN, I THANK THE SPONSOR. I KNOW HIS
INTENTIONS WERE GOOD. BUT AS EVERY -- AS MANY THINGS I'VE SEEN THAT
THIS BODY INITIATE, THE INTENTIONS ARE THERE BUT SOMETIMES WE'RE JUST
GOING ABOUT IT THE WRONG WAY. BUT THANK YOU, MR. SPONSOR, AND THANK
33
NYS ASSEMBLY JANUARY 11, 2022
YOU, MR. SPEAKER, AND THANK YOU FOR ALLOWING ME TO -- TO ADDRESS THE
BILL.
ACTING SPEAKER AUBRY: CERTAINLY.
MR. ZEBROWSKI.
MR. ZEBROWSKI: THANKS, MR. SPEAKER.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. ZEBROWSKI: MR. SPEAKER, I DON'T THINK ANY
OF US REALLY KNOW WHERE THIS EPIDEMIC IS GOING. YOU KNOW, THE TWISTS
AND TURNS ARE NOT EASILY PREDICTABLE. AND IF YOU WOULD HAVE ASKED ME
BACK IN EVEN AS SOON AS OCTOBER OR NOVEMBER WHETHER OR NOT WE
WOULD HAVE HAD TO PASS AN EXTENDER LIKE THIS I THINK I PROBABLY WOULD
HAVE SAID NO. I THINK WE ALL AGREE THAT IN-PERSON PUBLIC MEETINGS WITH
A ROBUST DIALOGUE BETWEEN THE ELECTED INITIALS AND THE FOLKS THAT LIVE
WITHIN THAT MUNICIPALITY IS BEST. AND WE'VE ATTEMPTED THROUGHOUT THIS
PANDEMIC USING THE KNOWLEDGE WE HAD AT THAT TIME, WHAT DOCTORS ARE
TELLING US, TO ATTEMPT TO RUN THIS STATE AND OUR MUNICIPALITIES IN THE
BEST WAY POSSIBLE TO KEEP PEOPLE SAFE. BUT ALSO TO ENSURE THAT THE
PEOPLE'S WORK IS DONE. THIS -- I DON'T KNOW ABOUT EVERYBODY IN THIS
ROOM, BUT WITH THIS CURRENT VARIANT, I PERSONALLY ANECDOTALLY FEEL LIKE I
KNOW MORE PEOPLE THAT HAVE CURRENTLY GOTTEN COVID IN THE LAST
SEVERAL WEEKS THEN IT SEEMED LIKE AT ANY TIME THROUGHOUT THIS
PANDEMIC. AND REGARDLESS ON -- ON HOW YOU MAY FEEL ABOUT THE
SERIOUSNESS OR THE UNSERIOUSNESS OF THE DISEASE, I THINK WE WOULD ALL
AGREE THAT IF YOU HAVE COVID - EVEN IF YOU THINK IT'S NO DIFFERENT THAN
34
NYS ASSEMBLY JANUARY 11, 2022
THE FLU - IF YOU HAVE COVID OR IF YOU HAVE THE FLU, YOU SHOULDN'T BE
SITTING NEXT TO SOMEBODY AND GIVING THEM COVID OR THE FLU. OR THE
COMMON COLD, QUITE FRANKLY, SOMETIMES. BUT CERTAINLY, WE'RE NOT
DEALING, YOU KNOW, WITH THE COMMON COLD. SO, YOU KNOW, WE'RE IN A
SITUATION RIGHT NOW WHERE NOT ONLY IS IT ABOUT WHETHER OR NOT YOU CAN
RUN A MEETING SAFELY -- AND I THINK -- YOU KNOW, THERE WAS HOW WE
CONDUCTED OURSELVES IN THE BEGINNING OF THIS PANDEMIC, THE MIDDLE OF
THE PANDEMIC AND THE CURRENT PHASE OF THE PANDEMIC. BUT IT'S NOT JUST
WHETHER OR NOT YOU CAN RUN A MEETING SAFELY, BUT IT'S SOMETIMES
WHETHER OR NOT THESE ELECTED OFFICIALS CAN EVEN RUN THE MEETING AT ALL.
YOU KNOW, IF THEY -- IF THEY HAVE COVID CURRENTLY THEY CAN'T SHOW UP
TO A MEETING TO DO THE BUSINESS THAT NEEDS TO BE DONE. AND YOU NEVER
REALLY KNOW WHAT IS ON AN AGENDA FOR A MUNICIPALITY. THERE MAY BE
CONTRACTS THAT NEED TO BE EXECUTED. THERE MAY BE THINGS THAT HAVE
VERY REAL TIME CONSTRAINTS TO GET DONE. AND WHAT THIS BILL AT THE END OF
THE DAY DOES IS IT ALLOWS DURING THIS PHASE OF THE PANDEMIC FOR
MUNICIPALITIES TO DECIDE WHAT'S BEST FOR THEM AND THEIR CONSTITUENCIES
AND WHAT'S BEST TO GET THE WORK THAT NEEDS TO BE DONE DONE. MANY
MUNICIPALITIES CAN -- CAN RUN THAT LIVE. MANY MAYBE CAN'T. MANY HAVE
FIGURED OUT WAYS TO HAVE A ROBUST DIALOGUE ELECTRONICALLY, AND
HOPEFULLY THEY'LL CONTINUE TO DO THAT IF THEY HAVE TO. AND IF THEY DON'T,
GREAT. WE ALL PREFER AN IN-PERSON PROCESS. BUT THE ONE THING THAT I
THINK CONFUSES ME A BIT DURING THIS DEBATE IS THAT OFTENTIMES WE HEAR
DURING A DEBATE THAT WE SHOULD TRUST OUR MUNICIPALITIES. TRUST THESE
FOLKS, THEY KNOW WHAT THEY'RE DOING. THEY'RE THE CLOSEST FORM OF
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NYS ASSEMBLY JANUARY 11, 2022
GOVERNMENT TO THE PEOPLE AND WE SHOULDN'T BE PASSING RULES AND
REGULATIONS DOWN UPON IT. WELL, THAT'S EXACTLY WHAT THIS BILL DOES.
EXACTLY WHAT IT DOES. SO, IN ANY OF MY COLLEAGUES' DISTRICTS WHERE THEY
FEEL THAT THEY CAN RUN THESE MEETINGS OPENLY AND SAFELY, THEY CAN DO SO
TOMORROW, JUST LIKE THEY COULD DO SO TODAY. BUT IN A GIVEN SCHOOL
DISTRICT OR FIRE DISTRICT OR LIBRARY BOARD WHERE THIS CURRENT VARIANT IS
PREVENTING TWO, THREE, FOUR FOLKS FROM APPEARING BECAUSE THEY HAVE
COVID, NOT JUST BECAUSE THEY CAN'T RUN THE MEETING SAFELY BUT BECAUSE
THEY CURRENTLY HAVE COVID, WELL, THIS GIVES THEM THE ABILITY TO DO THAT
FOR THE TIME PERIOD. AND THEN LIKE ANY OTHER ISSUE, THEY'D HAVE TO
ANSWER TO THEIR CONSTITUENTS FOR IT. AND QUITE FRANKLY, I TRUST THEM
DURING THIS CURRENT SURGE TO MAKE THAT DECISION. AND I EXPECT THAT THIS
WILL BE REVISITED AT SOME POINT, HOPEFULLY. I LISTEN TO THE SAME
EVIDENCE AND OPINIONS FROM MEDICAL PROFESSIONALS AS OTHER FOLKS, AND I
TRULY HOPE THAT THIS SURGE, AS QUICKLY AS IT WENT UP IS AS QUICKLY AS IT
GOES DOWN AND MAYBE WE'RE IN A DIFFERENT PLACE IN -- BY THE END OF
JANUARY. MAYBE WE'RE IN A DIFFERENT PLACE BY THE END OF FEBRUARY. BUT
I PERSONALLY -- WHENEVER WE'RE IN A DIFFERENT PLACE I THINK WE SHOULD
THEN GET BACK TO PUBLIC MEETINGS. JUST LIKE WE HAVE HERE AND WE'RE
DOING THE BEST WE CAN, RIGHT? WE'RE ALL HERE IN ALBANY, BUT WE'RE
ATTEMPTING NOT TO HAVE 200 PEOPLE IN THIS ROOM AT ONCE SO THAT IT
SPREADS RAPIDLY AMONGST THE ENTIRE LEGISLATURE. BUT WE'RE TRYING TO DO
AS MUCH AS WE POSSIBLY CAN GIVEN THE CIRCUMSTANCES, AND THE SAME
THING FOR OUR MUNICIPALITIES. I TRUST THEM NOW TO MAKE THOSE
DECISIONS. I TRUST THEM NOW TO GET THE PEOPLE'S WORK DONE IN THE MOST
36
NYS ASSEMBLY JANUARY 11, 2022
OPEN AND TRANSPARENT WAY POSSIBLE. BUT THIS JUST GIVES THEM THE TOOLS.
THIS GIVES THEM THE TOOLS TO CONTINUE TO DO WHAT THEY NEED TO DO AS
MUNICIPALITIES. AND IF THEY DON'T NEED THOSE TOOLS, BY ALL MEANS DON'T
USE THEM. IF YOU DON'T NEED IT RIGHT NOW -- AS I THINK THE SPONSOR SAID
EARLIER, IF YOU HAVE A BIG OPEN MEETING HALL THAT YOU CAN UTILIZE THAT
CAN KEEP EVERYBODY SAFE, IF NOBODY CURRENTLY HAS COVID ON THE
BOARD, OR MAYBE IF EVERYBODY HAS HAD COVID ON THE BOARD ALREADY
RECENTLY, IF YOU THINK YOU CAN CONDUCT A MEETING SAFELY, THEN BY ALL
MEANS, DO IT. BUT I CAN'T FIGURE ALL THOSE THINGS OUT RIGHT NOW FOR EVERY
MUNICIPALITY AROUND THE STATE. I CAN'T PUT THAT INTO BILL LANGUAGE. THE
SPONSOR CAN'T PUT THAT INTO BILL LANGUAGE. NOBODY CAN PUT THAT INTO BILL
LANGUAGE. THE ONLY PEOPLE THAT KNOW EXACTLY WHAT'S GOING ON IN THAT
MUNICIPALITY RIGHT NOW ARE THOSE FOLKS THAT LIVE IN THAT MUNICIPALITY
AND THOSE FOLKS THAT HAVE TO EXECUTE THOSE OFFICIAL DUTIES.
SO THIS BILL, MR. SPEAKER, GIVES THEM THAT ABILITY AND
THAT AUTHORITY, AND THAT'S WHY I THINK IT'S THE RIGHT THING FOR US TO DO.
AND I THANK THE SPONSOR FOR ALL OF HIS HARD WORK ON THIS. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. I JUST WANT TO RISE AND I'VE LISTENED INTENTLY AT THE DEBATE HERE
TODAY AND IT MADE ME THINK ABOUT THE CITY COUNCIL MEMBER IN THE CITY
OF BUFFALO IS A VERY TECH-SAVVY GUY. SO I WANT TO SAY SOMEWHERE
AROUND 2018 OR MAYBE EVEN BEFORE THAT, HE STARTED PUTTING THE ENTIRE
CITY COUNCIL MEETINGS ON FACEBOOK. I THOUGHT, WOW, ON FACEBOOK?
37
NYS ASSEMBLY JANUARY 11, 2022
HE'S PUTTING THE CITY COUNCIL MEMBERS ON FACEBOOK? BUT HE DID THAT
CONSISTENTLY EVERY WEEK. EVERY TIME WE HAD A MEETING IT WAS ON
FACEBOOK. THIS IS WAY BEFORE ANYBODY EVER HEARD OF COVID. AND SO
TO SUGGEST THAT SOMEHOW WE HERE IN THE STATE OF NEW YORK, IN THIS
BODY, CAN FIGURE OUT WHAT'S IN THE BEST INTEREST OF LOCAL GOVERNMENTS, IT
WASN'T TRUE BEFORE COVID AND IT'S NOT TRUE NOW. AND THEY CAN MAKE
THOSE DECISIONS ON THEIR OWN. THEY HAVE AND THEY WILL CONTINUE TO DO
THAT. THIS LEGISLATION ALLOWS THEM TO DO THAT.
SECONDLY, I WANT TO ADD THIS, MR. SPEAKER. LAST WEEK
THERE WAS SOME PEOPLE IN THIS ROOM WHO ARE NOT IN THIS ROOM TODAY
BECAUSE THEY TESTED POSITIVE. LAST WEEK OUR SPEAKER WASN'T EVEN HERE
BECAUSE HE TESTED POSITIVE. SO THIS IS NOT LIKE WE ARE IN A CLEAR DAY
WHERE EVERYTHING IS GOING TO BE FINE. EVERYTHING IS NOT FINE YET. AND
SO I THINK IT'S IMPORTANT FOR US TO GIVE LOCAL GOVERNMENTS AN
OPPORTUNITY NOT JUST TO REALIZE EVERYTHING IS NOT FINE, BUT DO WHAT YOU
NEED TO DO TO HANDLE YOUR BUSINESS IN YOUR DISTRICT.
LASTLY, MR. SPEAKER, ON JANUARY THE 5TH THERE WERE
SOME UNDER 10,000 PEOPLE HOSPITALIZED IN THE STATE OF NEW YORK.
NOW HERE WE ARE ON JANUARY 11TH, THERE'S OVER 12,000 PEOPLE
HOSPITALIZED IN THE STATE OF NEW YORK. NOT BECAUSE THEY'RE HAVING
ELECTIVE SERVICE, BUT BECAUSE THEY'RE THERE FOR COVID. THERE IS A
REASON WHY WE STILL HAVE TO BE CAUTIOUS. AND I APPLAUD THE SPONSOR OF
THIS LEGISLATION. I APPLAUD THE MEMBERS IN THIS BODY, MY COLLEAGUES,
FOR UNDERSTANDING THAT WE STILL HAVE TO DEAL WITH A SERIOUS PANDEMIC.
WE'RE DOING THE BEST WE CAN AND STILL BEING ABLE TO DELIVER GOOD
38
NYS ASSEMBLY JANUARY 11, 2022
GOVERNMENT SERVICE.
SO WITH THAT, MR. SPEAKER, I CERTAINLY LOOK FORWARD TO
VOTING IN THE AFFIRMATIVE ON THIS PIECE OF LEGISLATION AND I HOPE MY
COLLEAGUES WILL JOIN ME.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON A.8591. THIS IS A PARTY VOTE. ANY MEMBER WHO WISHES TO
BE RECORDED AS AN EXCEPTION TO THEIR CONFERENCE POSITION IS REMINDED
TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION. HOWEVER, THOSE
MEMBERS WHO WISH TO SUPPORT IT, PLEASE CONTACT OUR MINORITY LEADER'S
OFFICE AND LET THEM KNOW SO WE CAN PROPERLY RECORD YOUR VOTE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE WILL GENERALLY BE VOTING IN THE
AFFIRMATIVE ON THIS ONE. HOWEVER, THERE MAY BE SOME OF OUR
COLLEAGUES WHO WOULD LIKE TO DO OTHERWISE. THEY SHOULD FEEL FREE TO
CONTACT THE MAJORITY LEADER'S OFFICE AND THEIR VOTE WILL BE PROPERLY
RECORDED.
39
NYS ASSEMBLY JANUARY 11, 2022
ACTING SPEAKER AUBRY: THANK YOU VERY
MUCH.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, MR. SPEAKER. IT IS
ESSENTIAL TO THE MAINTENANCE OF A DEMOCRATIC SOCIETY THAT THE PUBLIC
BUSINESS BE PERFORMED IN AN OPEN AND PUBLIC MANNER, AND THAT THE
CITIZENS OF THIS STATE BE FULLY AWARE AND ABLE TO OBSERVE THE
PERFORMANCE OF PUBLIC OFFICIALS AND ATTEND AND LISTEN TO THE
DELIBERATIONS AND DECISIONS THAT GO INTO MAKING OF PUBLIC POLICY. THE
PEOPLE MUST BE ABLE TO REMAIN INFORMED IF THEY ARE TO RETAIN CONTROL
OVER THOSE WHO ARE THEIR PUBLIC SERVANTS. IT IS THE ONLY CLIMATE UNDER
WHICH A COMMON WHEEL WILL PROSPER AND ENABLE THE GOVERNMENT TO
OPERATE TO THE BENEFIT OF THOSE WHO CREATED THEM. THOSE ARE NOT MY
WORDS. THAT'S SECTION 100 OF THE PUBLIC OFFICERS LAW THAT WAS
ADOPTED 46 YEARS AGO. AND EVEN THOUGH THAT WAS ADOPTED BY THIS
LEGISLATURE AND SIGNED BY THE GOVERNOR ALMOST A HALF-A-CENTURY AGO,
THOSE WORDS ARE TRUE TODAY AS THEY WERE THEN. IT'S ESSENTIAL TO THE
DEMOCRATIC PROCESS THAT MEMBERS OF THE PUBLIC BE ABLE TO ATTEND AND
OBSERVE HOW THEIR PUBLIC MEETINGS ARE BEING OPERATED. BUT NOT ONLY IS
IT THE PUBLIC POLICY AS STATED IN THE PUBLIC OFFICERS LAW, IT'S ACTUALLY A
LEGISLATIVE MANDATE THAT APPEARS OVER AND OVER AND OVER AGAIN, AS WE
REQUIRE PUBLIC HEARINGS ON SO MANY ISSUES. EVERY LOCAL LAW, ZONING
BOARDS, PUBLIC HEARINGS ARE REQUIRED THROUGHOUT. AND THIS IS A
FUNDAMENTAL LESSON THAT ALLOW LOCAL GOVERNMENTS TO MEET AND BAN
40
NYS ASSEMBLY JANUARY 11, 2022
PUBLIC ATTENDANCE.
THEREFORE, I'M OPPOSING IT. THANK YOU, SIR.
ACTING SPEAKER AUBRY: MR. ABINANTI TO
EXPLAIN HIS VOTE.
MR. ABINANTI: THANK YOU, MR. SPEAKER. I RISE TO
SUPPORT THIS LEGISLATION. I'VE HEARD FROM A LOT OF MY COMMUNITIES THAT
ARE VERY CONCERNED THAT THEY WILL HAVE TO GO BACK IN PERSON, AND THEY
WANT TO CONTINUE TO OPERATE. AS MY COLLEAGUES HAVE EXPLAINED BEFORE,
THERE ARE MANY CIRCUMSTANCES WHERE WE NEED TO HAVE MEETINGS
CONTINUE WITH PUBLIC PARTICIPATION THAT CANNOT BE DONE IN PERSON. ONE
OF THE PARAGRAPHS IN HERE, I BELIEVE, DESERVES SOME EMPHASIS. THE LAW
ITSELF STATES THAT, THE MUNICIPALITIES SHALL BE AUTHORIZED TO MEET AND
TAKE SUCH ACTION AUTHORIZED BY LAW WITHOUT PERMITTING IN-PUBLIC --
IN-PERSON ACCESS AND THEY ARE AUTHORIZED TO HAVE SUCH MEETINGS HELD
REMOTELY. IT GOES ON TO SAY, PROVIDED THAT THE PUBLIC HAS THE ABILITY TO
VIEW OR LISTEN TO SUCH PROCEEDINGS. THERE MAY BE SOME CONFUSION AS
TO WHETHER A MEETING CAN BE HELD WITHOUT HAVING REMOTE ACCESS BY THE
PUBLIC. THE WAY I READ THIS IS SUCH REMOTE ACCESS BY THE PUBLIC IS
MANDATORY. THEY CANNOT ESCAPE THE PUBLIC VIEW. THEY MUST ALLOW THE
PUBLIC TO VIEW OR HEAR THE MEETING.
THEREFORE, MR. SPEAKER, I THINK THIS COVERS ALL THE
THINGS THAT HAVE TO BE COVERED AND I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. ABINANTI IN THE
AFFIRMATIVE.
MR. RA.
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NYS ASSEMBLY JANUARY 11, 2022
MR. RA: THANK YOU, MR. SPEAKER, TO EXPLAIN MY
VOTE.
ACTING SPEAKER AUBRY: SIR.
MR. RA: YOU KNOW, JUST TO REITERATE WHAT I SAID
EARLIER, AND I HEARD A LOT DURING THIS DEBATE ABOUT, YOU KNOW, CONCERNS,
MAKING SURE, YOU KNOW, IF MEMBERS OF A BODY ARE QUARANTINED THEY
CAN OPERATE AND EVERYTHING. AND I DON'T THINK THAT'S THE POINT THAT
MANY OF MY COLLEAGUES ON MY SIDE OF THE AISLE ARE MAKING, BEING ONE
OF WE DON'T WANT THERE TO BE ANY REMOTE MEETINGS. THE POINT WE'RE
TRYING TO MAKE IS THAT THE ABILITY OF THE PUBLIC TO LISTEN OR VIEW IS A
ONE-WAY ABILITY. IT DOESN'T REQUIRE IN THIS LEGISLATION ANY ABILITY FOR THE
GOVERNING BODY, WHETHER IT'S A TOWN BOARD, A VILLAGE BOARD, A SCHOOL
BOARD, OR -- TO HEAR WHAT THE PUBLIC HAS TO SAY. THERE IS NO
REQUIREMENT IN HERE THAT REQUIRES THAT. NOTHING. THEY JUST HAVE TO BE
ABLE TO LISTEN TO IT. AND MAYBE IT'S ARCHIVED AND THEY CAN GO BACK AND
LOOK AT IT. BUT THERE'S NO REQUIREMENT FOR THAT TWO-WAY COMMUNICATION
THAT IS SO VITAL WHEN MANY OF THESE ENTITIES MEET. AND AS MY
COLLEAGUE MENTIONED, THERE WERE TONS OF ISSUES GOING ON ALL OVER THE
STATE THAT PEOPLE FEEL VERY PASSIONATELY ABOUT, AND THEY DESERVE THE
OPPORTUNITY TO BE HEARD BY THEIR ELECTED OFFICIALS ON THOSE -- ON THOSE
ISSUES.
SO I'M VOTING NO ON THIS. NOT BECAUSE I DON'T
RECOGNIZE THE DANGERS OF THE PANDEMIC. NOT BECAUSE I DON'T RECOGNIZE
THE NEED TO MAKE SURE GOVERNMENT CAN KEEP FUNCTIONING. BUT BECAUSE
I'VE SEEN FOR THE BETTER PART OF TWO YEARS NOW, COVID BEING USED FAR
42
NYS ASSEMBLY JANUARY 11, 2022
TOO OFTEN AS AN EXCUSE TO EXCLUDE THE PUBLIC. AND I THINK -- AND IF
WE'RE ALL HONEST WITH OURSELVES, CAN YOU REALLY SAY THAT EVEN IN OUR
OPERATIONS REMOTELY FOR THE LAST FEW YEARS WE CAN'T DO ANY BETTER THAN
WE'VE DONE IN TERMS OF TRANSPARENCY? THAT OUR LOCAL GOVERNMENTS
CAN'T DO ANY BETTER THAN THEY'VE DONE -- THEY'VE DONE IN TERMS OF
TRANSPARENCY? I THINK WE CAN DO BETTER, AND I'M CASTING MY VOTE IN THE
NEGATIVE FOR THAT REASON.
THANK YOU.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, COULD YOU
PLEASE RECORD OUR COLLEAGUES MS. FORREST, MS. MITAYNES AND MS.
GALLAGHER IN THE NEGATIVE ON THIS ONE?
ACTING SPEAKER AUBRY: SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 4, CALENDAR NO. 1, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00081, CALENDAR NO.
1, QUART, JACKSON, VANEL, HEVESI, SEAWRIGHT, FORREST, SIMON,
GONZALEZ-ROJÁS, GOTTFRIED, ZINERMAN, KELLES. AN ACT TO AMEND THE
SOCIAL SERVICES LAW, IN RELATION TO CRIMINAL HISTORY RECORD CHECKS OF
CERTAIN FOSTER YOUTHS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00083, CALENDAR NO.
2, QUART, BLANKENBUSH, OTIS. AN ACT TO AMEND THE GENERAL BUSINESS
43
NYS ASSEMBLY JANUARY 11, 2022
LAW, IN RELATION TO RAISING THE MAXIMUM FINE FOR PERSONS WHO VIOLATE
THE LAW REGULATING TELEMARKETING.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 83. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A00129, CALENDAR NO.
3 WAS PREVIOUSLY AMENDED ON THIRD READING.
ASSEMBLY NO. A00172, CALENDAR NO. 4, PAULIN,
L. ROSENTHAL, COLTON. AN ACT TO AMEND THE CIVIL PRACTICE LAW AND
RULES, IN RELATION TO LIMITED LIABILITY OF PERSONS JOINTLY LIABLE.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00181-A, CALENDAR
NO. 5, GUNTHER, COLTON, PERRY, ENGLEBRIGHT, STECK, COOK, ABINANTI,
JACOBSON, GRIFFIN, SANTABARBARA. AN ACT TO AMEND THE LABOR LAW THE
EDUCATION LAW, IN RELATION TO THE HOURS WORKED BY NURSES.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00189, CALENDAR NO.
6, PERRY, DICKENS, TAYLOR, COLTON, COOK, WILLIAMS, SEAWRIGHT,
44
NYS ASSEMBLY JANUARY 11, 2022
JACOBSON. AN ACT TO AMEND THE INSURANCE LAW, IN RELATION TO
PROHIBITING AN INSURER FROM CANCELLING OR REFUSING TO RENEW OR
CONDITION ITS RENEWAL OF AUTOMOBILE INSURANCE POLICIES IN CERTAIN CASES.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00190, CALENDAR NO.
7, GOTTFRIED, PAULIN, L. ROSENTHAL, ABINANTI, COLTON, SAYEGH, GALEF.
AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO HOSPITAL
ESTABLISHMENT.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00196, CALENDAR NO.
8, GOTTFRIED, BRONSON, STECK, GALEF, L. ROSENTHAL, ABINANTI,
BENEDETTO, DINOWITZ, HYNDMAN, LUPARDO, SAYEGH, DARLING,
SEAWRIGHT, ENGLEBRIGHT, COLTON, STIRPE, GRIFFIN, JACOBSON, EPSTEIN,
WALKER, PERRY, SIMON, JACKSON, FORREST, CRUZ, CARROLL, FRONTUS,
HUNTER, MEEKS, FERNANDEZ, WALLACE, MCMAHON, LUNSFORD, CLARK,
J. RIVERA, KELLES, QUART, MITAYNES, ZINERMAN. AN ACT TO AMEND THE
SOCIAL SERVICES LAW AND THE MENTAL HYGIENE LAW, IN RELATION TO
VIOLATIONS OF SAFETY CONDITIONS IN ADULT CARE FACILITIES.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00210, CALENDAR NO.
9, L. ROSENTHAL, GOTFRIED, BRONSON, SEAWRIGHT. AN ACT TO AMEND THE
PUBLIC HEALTH LAW, IN RELATION TO REQUIRING PRE-ADMISSION NOTIFICATION
OF POLICIES AUTHORIZING THE REFUSAL TO FOLLOW DIRECTIVES IN HEALTH CARE
PROXIES THAT ARE CONTRARY TO A HOSPITAL'S OPERATING PRINCIPLES.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
45
NYS ASSEMBLY JANUARY 11, 2022
THE CLERK: ASSEMBLY NO. A00216, CALENDAR NO.
10, GOTTFRIED, PAULIN, OTIS. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN
RELATION TO RETAIL CLINICS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00217, CALENDAR NO.
11, PAULIN, GOTTFRIED, GALEF, DICKENS, COLTON, COOK, EPSTEIN,
SEAWRIGHT, TAYLOR, WOERNER, MCDONOUGH, JEAN-PIERRE, FERNANDEZ,
WALKER, HYNDMAN, BUTTENSCHON, JACOBSON, GRIFFIN, ASHBY, SIMON,
OTIS, SAYEGH, GONZÁLEZ-ROJAS, JACKSON, RAJKUMAR. AN ACT TO AMEND
THE PUBLIC HEALTH LAW, IN RELATION TO INFORMING MATERNITY PATIENTS
ABOUT THE RISKS ASSOCIATED WITH CESAREAN SECTION.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 217. THIS IS A -- THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00232-C, CALENDAR
NO. 12, GOTTFRIED, DARLING, WOERNER, GALEF, DINOWITZ, BRONSON,
GONZÁLEZ-ROJAS, CUSICK, STECK, ANDERSON, SIMON, JACOBSON, COOK,
COLTON, FORREST, SANTABARBARA, GRIFFIN, WALKER, WEINSTEIN, BURGOS,
TAYLOR, FERNANDEZ, CARROLL, CRUZ, EPSTEIN, LUNSFORD, CLARK, BICHOTTE
HERMELYN, ZEBROWSKI, PEOPLES-STOKES, L. ROSENTHAL, REYES, FALL. AN
ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO INCREASING
MONETARY PENALTIES FOR PUBLIC HEALTH LAW VIOLATIONS AND PROVIDING
SUPPORT FOR THE NURSING HOME QUALITY IMPROVEMENT DEMONSTRATION
46
NYS ASSEMBLY JANUARY 11, 2022
PROGRAM.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00244-A, CALENDAR
NO. 13, GOTTFRIED, WEINSTEIN, THIELE, SEAWRIGHT, PAULIN, MCDONALD,
ABINANTI, LUPARDO, DINOWITZ, JACKSON, ENGLEBRIGHT, NOLAN, MEEKS,
HEVESI, CAHILL, BRONSON, MAGNARELLI, MONTESANO, LAWLER, SCHMITT,
BRABENEC, MCDONOUGH, SALKA, CUSICK, LUNSFORD, KELLES, BYRNE,
ZEBROWSKI, STECK, ANDERSON, SIMON, GLICK, VANEL, L. ROSENTHAL,
RICHARDSON, WILLIAMS, BICHOTTE HERMELYN, WALKER, OTIS, SAYEGH,
STIRPE, WOERNER, STERN, SILLITTI, J.D. RIVERA, ABBATE, JACOBSON, COOK,
CARROLL, GALLAGHER, COLTON, FALL, AUBRY, FORREST, CRUZ, CLARK, PERRY,
GRIFFIN, SANTABARBARA, HUNTER, FAHY, JONES, ZINERMAN, M. MILLER. AN
ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO CREATING THE HEALTH
EMERGENCY RESPONSE DATA SYSTEM.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 244-A. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD MY
FRIEND ASSEMBLYMAN FRIEND IN THE NEGATIVE.
47
NYS ASSEMBLY JANUARY 11, 2022
THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A00254, CALENDAR NO.
14, PERRY, VANEL, ZINERMAN. AN ACT TO AMEND THE PUBLIC OFFICERS LAW,
IN RELATION TO THE UNAUTHORIZED RELEASE OF SEALED RECORDS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00255-A, CALENDAR
NO. 15, GOTTFRIED, SEAWRIGHT, SAYEGH, SIMON, STECK, QUART, PAULIN,
GALLAGHER, VANEL, HEVESI, OTIS, GONZÁLEZ-ROJAS, EPSTEIN. AN ACT TO
AMEND THE PENAL LAW, IN RELATION TO INDIVIDUALS ENGAGED IN
PROSTITUTION WHO ARE VICTIMS OF OR WITNESSES TO A CRIME.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00256, CALENDAR NO.
16, PAULIN, DINOWITZ, ENGLEBRIGHT, GALEF, GRIFFIN, JACOBSON,
MCDONOUGH, SEAWRIGHT. AN ACT TO AMEND THE GENERAL BUSINESS LAW,
IN RELATION TO THE PROHIBITION OF THE SALE OF INFANT INCLINED SLEEPERS AND
THE RESTRICTION OF THE USE OF SUCH SLEEPERS IN CERTAIN SETTINGS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 60TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 256. THIS IS A FAST ROLL CALL. ANY MEMBER
48
NYS ASSEMBLY JANUARY 11, 2022
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A00263, CALENDAR NO.
17, STECK, ZINERMAN, SEAWRIGHT. AN ACT TO AMEND THE CIVIL RIGHTS
LAW, IN RELATION TO THE IMPOSITION OF PENALTIES AND REMEDIES IN SUITS
BROUGHT FOR THE VINDICATION OF CIVIL RIGHTS OR HUMAN RIGHTS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00267-A, CALENDAR
NO. 18, GUNTHER. AN ACT TO AMEND THE ARTS AND CULTURAL AFFAIRS LAW,
IN RELATION TO CREATING ARTS AND CULTURAL DISTRICTS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 120TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 267-A. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER EICHENSTEIN: ARE THERE ANY
OTHER VOTES? ANNOUNCE THE RESULTS.
49
NYS ASSEMBLY JANUARY 11, 2022
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A00273, CALENDAR NO.
19, GOTTFRIED, GRIFFIN, GALEF, KELLES, SEAWRIGHT, THIELE, MCDONALD,
JENSEN. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO
CONSIDERATION AND PRESCRIPTION OF NON-OPIOID TREATMENT ALTERNATIVES FOR
TREATMENT OF NEUROMUSCULOSKELETAL CONDITIONS.
ACTING SPEAKER EICHENSTEIN: THE BILL IS
LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00289-C, CALENDAR
NO. 20 WAS PREVIOUSLY AMENDED ON THIRD READING AND IS HIGH.
ASSEMBLY NO. A00299-B, CALENDAR NO. 21,
GOTTFRIED, PREVIOUSLY AMENDED ON THIRD READING AND IS HIGH.
ASSEMBLY NO. A00306, CALENDAR NO. 22, GOTTFRIED,
CAHILL, J. RIVERA, GLICK, PAULIN, COOK, PERRY, ENGLEBRIGHT, O'DONNELL,
L. ROSENTHAL, HEVESI, BRONSON, FAHY, DICKENS, TAYLOR, SIMON,
SAYEGH, CRUZ, REYES, ABINANTI, DARLING, FERNANDEZ, GALLAGHER,
GRIFFIN, SEAWRIGHT, BURDICK, KELLES, JACKSON, LAVINE, GONZÁLEZ-ROJAS,
BICHOTTE HERMELYN, OTIS. AN ACT TO AMEND THE PUBLIC HEALTH LAW, THE
EDUCATION LAW AND THE LABOR LAW, IN RELATION TO PROHIBITING
PARTICIPATION IN TORTURE AND IMPROPER TREATMENT OF PRISONERS BY HEALTH
CARE PROFESSIONALS.
ACTING SPEAKER EICHENSTEIN: THE BILL IS
LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00338, CALENDAR NO.
50
NYS ASSEMBLY JANUARY 11, 2022
23 WAS PREVIOUSLY AMENDED ON THIRD READING.
ASSEMBLY NO. A00349-A, CALENDAR NO. 24,
JACOBSON, OTIS. AN ACT TO AMEND THE MUNICIPAL HOME RULE LAW, IN
RELATION TO THE DEFINITION OF "POPULATION" FOR PURPOSES OF PROVIDING
SUBSTANTIALLY EQUAL WEIGHT FOR THE POPULATION OF THAT LOCAL GOVERNMENT
IN THE ALLOCATION OF REPRESENTATION IN THE LOCAL LEGISLATIVE BODY.
ACTING SPEAKER EICHENSTEIN: THE BILL IS
LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00354-A, CALENDAR
NO. 25, MAGNARELLI, SEAWRIGHT, ABINANTI, EPSTEIN, ANDERSON,
ENGLEBRIGHT, SIMON, GALEF, KELLES, BRONSON, CRUZ, CLARK, BARRETT,
MEEKS, JACOBSON. AN ACT TO AMEND THE REAL PROPERTY ACTIONS AND
PROCEEDINGS LAW, IN RELATION TO SPECIAL PROCEEDINGS BY TENANTS FOR
JUDGMENT DIRECTING REPAIRS OF CONDITIONS AND OTHER RELIEF IN RESIDENTIAL
REAL PROPERTY; AND TO AMEND THE UNIFORM CITY COURT ACT, THE UNIFORM
DISTRICT COURT ACT, AND THE UNIFORM JUSTICE ACT, IN RELATION TO
SUMMARY PROCEEDINGS RELATING THERETO.
ACTING SPEAKER EICHENSTEIN: LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00355, CALENDAR NO.
26, BRAUNSTEIN, EICHENSTEIN, TAYLOR, CARROLL, REILLY. AN ACT TO AMEND
THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK AND THE PUBLIC
AUTHORITIES LAW, IN RELATION TO REQUIRING NOTICE TO MEMBERS OF THE
LEGISLATURE AND CERTAIN LOCAL OFFICIALS RELATING TO CERTAIN CONSTRUCTION
AND OTHER PROJECTS AFFECTING SUCH MEMBERS' AND OFFICIALS' DISTRICTS.
ACTING SPEAKER EICHENSTEIN: THE BILL IS
51
NYS ASSEMBLY JANUARY 11, 2022
LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00372, CALENDAR NO.
27, L. ROSENTHAL, JACOBSON, CARROLL, WEPRIN, RICHARDSON, GOTTFRIED,
GRIFFIN, EPSTEIN, BRAUNSTEIN, STIRPE. AN ACT TO AMEND THE INSURANCE
LAW, IN RELATION TO PROHIBITING CO-PAYMENTS FOR TREATMENT AT AN OPIOID
TREATMENT PROGRAM.
ACTING SPEAKER EICHENSTEIN: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST.
ACTING SPEAKER EICHENSTEIN: THE CLERK
WILL RECORD THE VOTE ON ASSEMBLY PRINT 372. THIS IS A FAST ROLL CALL.
ANY MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MS. WALSH.
MS. WALSH: THANK YOU VERY MUCH, MR. SPEAKER.
WOULD YOU PLEASE RECORD MR. FRIEND IN THE NEGATIVE ON THIS BILL?
THANK YOU.
ACTING SPEAKER EICHENSTEIN: SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A00381-A, CALENDAR
NO. 28, PAULIN, GRIFFIN. AN ACT TO AMEND THE GENERAL BUSINESS LAW,
52
NYS ASSEMBLY JANUARY 11, 2022
IN RELATION TO THE SALE OF NEW MOTOR VEHICLE CHILD RESTRAINT SYSTEMS.
ACTING SPEAKER EICHENSTEIN: THE BILL IS
LAID SIDE.
THE CLERK: ASSEMBLY NO. A00382, CALENDAR NO.
29, PAULIN, L. ROSENTHAL, JACOBSON, COLTON, QUART, GOTTFRIED, VANEL,
HEVESI, FAHY, LUPARDO, KELLES, WALLACE, LUNSFORD, FORREST, GALLAGHER,
STIRPE, GONZÁLEZ-ROJAS. AN ACT TO AMEND THE NOT-FOR-PROFIT
CORPORATION LAW, IN RELATION TO THE CREATION, OPERATION AND DUTIES OF
NATURAL ORGANIC REDUCTION FACILITIES AS CEMETERY CORPORATIONS.
ACTING SPEAKER EICHENSTEIN: THE BILL IS
LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00413, CALENDAR NO.
30, L. ROSENTHAL, LUPARDO, SAYEGH, ZINERMAN. AN ACT TO AMEND THE
PUBLIC HEALTH LAW, IN RELATION TO ADDING DYSMENORRHEA TO THE LIST OF
CONDITIONS COVERED FOR LAWFUL MEDICAL USE OF MARIHUANA.
ACTING SPEAKER EICHENSTEIN: THE BILL IS
LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00431-C, CALENDAR
NO. 31, ROZIC, SEAWRIGHT, EPSTEIN, OTIS, SIMON, JACOBSON, MCDONALD,
LUPARDO, COLTON. AN ACT TO AMEND THE GENERAL BUSINESS LAW, IN
RELATION TO ESTABLISHING RESTRICTIONS ON THE SALE OF OVER-THE-COUNTER DIET
PILLS AND DIETARY SUPPLEMENTS FOR WEIGHT LOSS OR MUSCLE BUILDING.
ACTING SPEAKER EICHENSTEIN: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
53
NYS ASSEMBLY JANUARY 11, 2022
DAY.
ACTING SPEAKER EICHENSTEIN: THE CLERK
WILL RECORD THE VOTE ON ASSEMBLY PRINT 431-C. THIS IS A FAST ROLL CALL.
ANY MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD MY
COLLEAGUE MR. DIPIETRO IN THE NEGATIVE.
THANK YOU, SIR.
ACTING SPEAKER EICHENSTEIN: SO NOTED.
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, DO WE
HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?
ACTING SPEAKER AUBRY: WE HAVE
HOUSEKEEPING, MRS. PEOPLES-STOKES.
ON A MOTION BY MS. PHEFFER AMATO, PAGE 15,
CALENDAR NO. 58, BILL NO. 950-B, THE AMENDMENTS ARE RECEIVED AND
ADOPTED.
ON A MOTION BY MS. CRUZ, PAGE 21, CALENDAR NO. 89,
54
NYS ASSEMBLY JANUARY 11, 2022
BILL NO. 1957, AMENDMENTS ARE RECEIVED AND ADOPTED.
ON A MOTION BY MS. JEAN-PIERRE, PAGE 22, CALENDAR
NO. 93, BILL NO. 2147, AMENDMENTS ARE RECEIVED AND ADOPTED.
ON A MOTION BY MR. SAYEGH, PAGE 28, CALENDAR NO.
123, BILL NO. 3318-A, AMENDMENTS ARE RECEIVED AND ADOPTED.
ON A MOTION BY MS. RICHARDSON, PAGE 28, CALENDAR
NO. 124, BILL NO. 3366, AMENDMENTS ARE RECEIVED AND ADOPTED.
ON A MOTION BY MR. WEPRIN, PAGE 32, CALENDAR NO.
146, BILL NO. 4363, AMENDMENTS ARE RECEIVED AND ADOPTED.
ON A MOTION BY MR. WEPRIN, PAGE 41, CALENDAR NO.
195, BILL NO. 5893, AMENDMENTS ARE RECEIVED AND ADOPTED.
ON A MOTION BY MR. ABINANTI, PAGE 49, CALENDAR NO.
235, BILL NO. 7247, THE AMENDMENTS ARE RECEIVED AND ADOPTED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I NOW
MOVE THAT THE ASSEMBLY STANDS ADJOURNED AND THAT WE RECONVENE AT
10:00 A.M., WEDNESDAY, JANUARY THE 12TH, TOMORROW BEING A SESSION
DAY.
ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS
ADJOURNED.
(WHEREUPON, AT 3:41, THE ASSEMBLY STOOD ADJOURNED
UNTIL WEDNESDAY, JANUARY 12TH AT 10:00 A.M., THAT BEING A SESSION
DAY.)
55