MONDAY, JANUARY 25, 2021 3:37 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.)
SERGEANT-AT-ARMS, ARE WE IN COMPLIANCE?
(PAUSE)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I MOVE TO
DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF SUNDAY, JANUARY THE
1
NYS ASSEMBLY JANUARY 25, 2021
24TH AND ASK THAT THE SAME STAND APPROVED.
ACTING SPEAKER AUBRY: SO ORDERED.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF I COULD
JUST HAVE THE MEMBERS AND GUESTS IN THE CHAMBERS ATTENTION FOR A
MOMENT I'D LIKE TO SHARE THE SCHEDULE OF THE DAY AS WELL AS THE QUOTE OF
THE DAY, WHICH AS STATED EARLIER IN THE MONTH OF JANUARY THEY WERE ALL
GOING TO COME FROM REVEREND DR. MARTIN LUTHER KING AS WE
CELEBRATED HIM EARLIER THIS MONTH. THIS ONE TODAY, MR. SPEAKER, READS,
OUR LIVES BEGIN TO END THE DAY WE BECOME SILENT ABOUT THINGS THAT
MATTER. AGAIN, THAT'S REVEREND DR. MARTIN LUTHER KING.
MEMBERS HAVE ON THEIR DESK A MAIN CALENDAR WITH 28
BILLS. THESE NEW BILLS BEGIN ON PAGE 4, CALENDAR NO. 30 THROUGH
CALENDAR NO. 57. OUR PRINCIPAL WORK FOR THE DAY WILL BE TO CONSENT THE
CALENDAR BEGINNING WHERE WE LEFT OFF ON PAGE 10 AT CALENDAR NO. 49.
IMMEDIATELY FOLLOWING THIS SESSION, MR. SPEAKER -- IMMEDIATELY
FOLLOWING THIS SESSION -- THERE WILL BE A NEED FOR A MAJORITY
CONFERENCE. AND AS USUAL, WE WILL CONSULT WITH OUR COLLEAGUES ON THE
OTHER SIDE OF THE AISLE TO DETERMINE WHAT THEIR NEEDS MAY BE.
THAT'S THE GENERAL OUTLINE, MR. SPEAKER, AND IF YOU
HAVE ANY HOUSEKEEPING AND/OR RESOLUTIONS, IT WOULD BE AN APPROPRIATE
TIME TO BRING THEM UP NOW.
ACTING SPEAKER AUBRY: CERTAINLY, MRS.
PEOPLES-STOKES, BUT I DO BELIEVE MR. GOODELL RISES FOR THE PURPOSES OF
AN INTRODUCTION, THE FIRST OF 2021.
MR. GOODELL.
2
NYS ASSEMBLY JANUARY 25, 2021
MR. GOODELL: THANK YOU, MR. SPEAKER. AND
STARTING OFF OUR VERY FIRST INTRODUCTION, AS YOU NOTED, FOR THIS LEGISLATIVE
SESSION WE HAVE WITH US SEAN BROWN, WHO IS THE PROUD SON OF
ASSEMBLYMAN KEITH BROWN, WHO WAS JUST ELECTED. AND SEAN HAS
COME UP AND HIS FATHER TELLS ME HE IS VERY INTERESTED IN THE LEGISLATIVE
SESSION AND DOES A GREAT JOB MAKING SURE THAT HIS FATHER STAYS FOCUSED
ON THE PEOPLE'S BUSINESS.
SO IF YOU WOULD WELCOME SEAN BROWN.
ACTING SPEAKER AUBRY: CERTAINLY. SEAN, ON
BEHALF OF YOUR FATHER, ASSEMBLYMAN BROWN, THE SPEAKER AND ALL THE
MEMBERS, I WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY,
EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. SO HAPPY THAT YOU COULD
SHARE WITH US THIS DAY. HOPE THAT YOU WILL FIND IT INSTRUCTIVE, HOPE YOU
WILL BE AS PROUD OF YOUR FATHER AS I AM SURE HE IS PROUD OF YOU.
CONTINUE YOUR GREAT WORK, BE WELL AND JOIN US AGAIN SOON. THANK YOU
SO VERY MUCH.
(APPLAUSE)
THE CLERK WILL READ RESOLUTION, PAGE -- PAGE 3.
THE CLERK: ASSEMBLY RESOLUTION NO. 22, MR.
MAGNARELLI.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM JANUARY 24-30, 2021 AS ENROLLED
AGENT WEEK IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
3
NYS ASSEMBLY JANUARY 25, 2021
ADOPTED.
PAGE 10, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00973, CALENDAR NO.
9, WILLIAMS. AN ACT TO AMEND A CHAPTER OF THE LAWS OF 2020,
RELATING TO REQUIRING THE DEPARTMENT OF LABOR TO PRODUCE A REPORT
REGARDING SUMMER YOUTH EMPLOYMENT PROGRAMS FUNDED BY STATE,
FEDERAL AND LOCAL APPROPRIATIONS, AS PROPOSED IN LEGISLATIVE BILLS
NUMBERS S.1079 AND A.6393, IN RELATION TO REQUIRING THE OFFICE OF
TEMPORARY AND DISABILITY ASSISTANCE TO PRODUCE A REPORT REGARDING THE
SUMMER YOUTH EMPLOYMENT PROGRAM AND TO THE EFFECTIVENESS OF THE
PROVISIONS THEREOF.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE ON CALENDAR 9, BILL A.973. 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 NUMBER 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. A00974, CALENDAR NO.
10, DE LA ROSA. AN ACT TO AMEND THE LABOR LAW, IN RELATION TO
ESTABLISHING A REGISTRY OF WORKPLACE FATALITIES IN THE CONSTRUCTION
4
NYS ASSEMBLY JANUARY 25, 2021
INDUSTRY TO RECORD INFORMATION PERTAINING TO ALL INCIDENTS UNDER WHICH
A WORKER PERFORMING CONSTRUCTION WORK SUFFERS A WORK-RELATED FATAL
INJURY; AND TO AMEND A CHAPTER OF THE LAWS OF 2020 AMENDING THE
LABOR LAW RELATING TO ESTABLISHING A REGISTRY OF WORKPLACE FATALITIES IN
THE CONSTRUCTION INDUSTRY TO RECORD INFORMATION PERTAINING TO ALL
INCIDENTS UNDER WHICH AN EMPLOYEE PERFORMING CONSTRUCTION WORK
SUFFERS A WORK-RELATED FATAL INJURY, AS PROPOSED IN LEGISLATIVE BILLS
NUMBERS S.8828 AND A.5965-A, IN RELATION TO THE EFFECTIVENESS THEREOF.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00975, CALENDAR NO.
11, DILAN. AN ACT TO AMEND THE NOT-FOR-PROFIT CORPORATION LAW, IN
RELATION TO CEMETERY DISCLOSURE FORMS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
ON A MOTION BY MR. DILAN, THE SENATE BILL IS BEFORE
THE HOUSE. THE SENATE BILL IS ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE ON ASSEMBLY BILL -- SENATE BILL S.904. 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 NUMBER
PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
5
NYS ASSEMBLY JANUARY 25, 2021
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A00976, CALENDAR NO.
12, SEAWRIGHT, COLTON. AN ACT TO AMEND A CHAPTER OF THE LAWS OF 2020
DIRECTING THE NEW YORK STATE DEPARTMENT OF FINANCIAL SERVICES AND
THE NEW YORK STATE DEPARTMENT OF STATE'S CONSUMER PROTECTION
DIVISION TO CONDUCT A STUDY ON CONSUMER AWARENESS AND FINANCIAL
EDUCATION IN NEW YORK STATE AND MAKING RECOMMENDATIONS FOR A
CONSUMER AWARENESS AND FINANCIAL EDUCATION PROGRAM, IN RELATION TO
CONSUMER FINANCIAL LITERACY EDUCATION.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
SEAWRIGHT, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE ON SENATE BILL S.876. 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 NUMBER 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. A00977, CALENDAR NO.
13, EPSTEIN. AN ACT TO AMEND A CHAPTER OF THE LAWS OF 2020, DIRECTING
6
NYS ASSEMBLY JANUARY 25, 2021
THE DEPARTMENT OF FINANCIAL SERVICES TO STUDY, EVALUATE AND MAKE
RECOMMENDATIONS CONCERNING LENDING PRACTICES BY FINANCIAL
INSTITUTIONS TO LANDLORDS ACQUIRING PROPERTY THAT INCLUDES SMALL
BUSINESS TENANTS AND/OR RENT-REGULATED TENANTS, AS PROPOSED IN
LEGISLATIVE BILLS NUMBERS S.1476-B AND A.3275-B, IN RELATION TO
INFORMATION FOR STUDY.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00979, CALENDAR NO.
14, ZEBROWSKI. AN ACT TO AMEND THE FINANCIAL SERVICES LAW, IN
RELATION TO EXEMPTING CERTAIN COMMERCIAL FINANCING TRANSACTIONS FROM
CERTAIN DISCLOSURE REQUIREMENTS; AND TO AMEND A CHAPTER OF THE LAWS OF
2020 AMENDING THE FINANCIAL SERVICES LAW RELATING TO REQUIRING
CERTAIN PROVIDERS THAT EXTEND SPECIFIC TERMS OF COMMERCIAL FINANCING TO
A RECIPIENT TO DISCLOSE CERTAIN INFORMATION ABOUT THE OFFER TO THE
RECIPIENT, AS PROPOSED IN LEGISLATIVE BILLS NUMBERS S.5470-B AND
A.10118-A, IN RELATION TO THE EFFECTIVENESS THEREOF.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
ZEBROWSKI, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00980, CALENDAR NO.
15, ABBATE, COLTON. AN ACT TO AMEND THE LABOR LAW, IN RELATION TO
REQUIRING PUBLIC EMPLOYERS TO ADOPT A PLAN FOR OPERATIONS IN THE EVENT
OF A DECLARED STATE DISASTER EMERGENCY INVOLVING A COMMUNICABLE
DISEASE; TO AMEND THE EDUCATION LAW, IN RELATION TO CERTAIN PROTOCOLS
7
NYS ASSEMBLY JANUARY 25, 2021
FOR RESPONDING TO A DECLARED STATE DISASTER EMERGENCY INVOLVING A
COMMUNICABLE DISEASE; AND TO AMEND A CHAPTER OF THE LAWS OF 2020
AMENDING THE LABOR LAW RELATING TO REQUIRING PUBLIC EMPLOYERS TO
ADOPT A PLAN FOR OPERATIONS IN THE EVENT OF A DECLARED PUBLIC HEALTH
EMERGENCY INVOLVING A COMMUNICABLE DISEASE; AND AMENDING THE
EDUCATION LAW RELATING TO CERTAIN PROTOCOLS FOR RESPONDING TO A
DECLARED PUBLIC HEALTH EMERGENCY INVOLVING A COMMUNICABLE DISEASE;
AND AMENDING THE EDUCATION LAW RELATING TO CERTAIN PROTOCOLS FOR
RESPONDING TO A DECLARED PUBLIC HEALTH EMERGENCY INVOLVING A
COMMUNICABLE DISEASE, AS PROPOSED IN LEGISLATIVE BILLS NUMBERS
S.8617-B AND A.10832, IN RELATION TO REQUIRING PUBLIC EMPLOYERS TO
ADOPT A PLAN FOR OPERATIONS IN THE EVENT OF A DECLARED STATE DISASTER
EMERGENCY INVOLVING A COMMUNICABLE DISEASE.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE ON ASSEMBLY BILL A.980. 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 NUMBER PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MS. HYNDMAN: LAY IT ASIDE -- NO, SORRY.
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
8
NYS ASSEMBLY JANUARY 25, 2021
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A00981, CALENDAR NO.
16, DILAN. AN ACT TO AMEND THE PUBLIC SERVICE LAW, IN RELATION TO THE
EXPIRATION OF MINUTES PURCHASED WITH PREPAID CELLULAR TELEPHONE CARDS.
ACTING SPEAKER AUBRY: THE BILL IS --
MS. HYNDMAN: LAID ASIDE.
ACTING SPEAKER AUBRY: -- LAID ASIDE. THANK
YOU.
THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00982, CALENDAR NO.
17, HYNDMAN. AN ACT TO AMEND THE EDUCATION LAW, IN RELATION TO THE
STATE UNIVERSITY OF NEW YORK EDUCATIONAL OPPORTUNITY CENTERS.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
HYNDMAN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE ON SENATE BILL S.874. THIS IS A FAST ROLL CALL. THE CLERK
WILL RECORD -- 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 NUMBER PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MS. HYNDMAN TO EXPLAIN HER VOTE.
MS. HYNDMAN: THANK YOU FOR ALLOWING ME TO
9
NYS ASSEMBLY JANUARY 25, 2021
EXPLAIN MY VOTE. OVER THE YEARS, SUPPORT FOR SUNY'S EDUCATIONAL
OPPORTUNITY CENTERS, EOC, HAS BEEN A PRIORITY OF THIS HOUSE. EOCS
LOCATED ACROSS THE STATE PROVIDE ACADEMIC AND VOCATIONAL TRAINING TO
ADULTS TO HELP THEM ATTAIN THE SKILLS AND CREDENTIALS THEY NEED TO EITHER
PURSUE HIGHER EDUCATION OR SECURE CAREER-ORIENTED EMPLOYMENT. LAST
YEAR EOCS WERE CODIFIED IN EDUCATION LAW. THIS BILL WILL PROVIDE
SUNY WITH ADDITIONAL FLEXIBILITY IN THE ADMINISTRATION AND OPERATION
OF EOCS. I WOULD ALSO LIKE TO THANK THE PROGRAM COUNSEL [SIC] FOR
THEIR DILIGENCE IN MAKING THIS HAPPEN AND THE EOC DIRECTORS IN
SYRACUSE AND IN JAMAICA, QUEENS FOR MAKING SURE THAT WE HAD
EVERYTHING WE NEEDED IN THIS BILL TO PASS.
I'LL BE VOTING IN THE AFFIRMATIVE AND I ENCOURAGE MY
COLLEAGUES TO DO THE SAME. THANK YOU.
ACTING SPEAKER AUBRY: MS. HYNDMAN IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A00983, CALENDAR NO.
18, STIRPE. AN ACT TO AMEND THE ECONOMIC DEVELOPMENT LAW, IN
RELATION TO DIRECTING THE DEPARTMENT OF ECONOMIC DEVELOPMENT TO
PUBLISH AND MAINTAIN A LIST OF AVAILABLE PROGRAMS TO ASSIST SMALL
BUSINESSES; AND TO REPEAL CERTAIN PROVISIONS OF THE EXECUTIVE LAW
RELATING THERETO.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
10
NYS ASSEMBLY JANUARY 25, 2021
STIRPE, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE ON SENATE BILL S.889. 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. A01249, CALENDAR NO.
19, WEPRIN. AN ACT TO AMEND THE CORRECTION LAW, IN RELATION TO THE
CORRECTIONAL ASSOCIATION'S ABILITY TO ACCESS, VISIT, INSPECT, AND EXAMINE
ALL STATE CORRECTIONAL FACILITIES; AND TO AMEND A CHAPTER OF THE LAWS OF
2020 AMENDING THE CORRECTION LAW RELATING TO PERMITTING THE
CORRECTIONAL ASSOCIATION TO ACCESS, VISIT, INSPECT, AND EXAMINE ALL
STATE CORRECTIONAL FACILITIES, AS PROPOSED IN LEGISLATIVE BILLS NUMBERS
S.8046 AND A.10194, IN RELATION TO THE EFFECTIVENESS THEREOF.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE ON ASSEMBLY 1249. THIS IS A FAST ROLL CALL. ANY
11
NYS ASSEMBLY JANUARY 25, 2021
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MR. WEPRIN TO EXPLAIN HIS VOTE.
MR. WEPRIN: THE CORRECTIONAL ASSOCIATION OF
NEW YORK HAS HAD SPECIFIC AND UNIQUE STATUTORY AUTHORITY TO VISIT STATE
PRISONS AND REPORT TO THE LEGISLATURE ON CONDITIONS THAT THEY FIND FOR
MORE THAN 150 YEARS. THIS IS NOT A NEW AUTHORITY. WHAT IS NEW IS THE
2020 LAW AND THIS CHAPTER AMENDMENT BROUGHT THE ASSOCIATION, THE
STATE AND THE STATE LEGISLATURE TO THE TABLE TO WORK OUT AN AGREEMENT
THAT RESPECTS SECURITY, BUT GIVES APPROPRIATE ACCESS FOR OVERSIGHT AND
REPORTING. THIS BILL MAKES SEVERAL CHANGES TO CHAPTER 320 OF THE LAWS
OF 2020, INCLUDING PROVIDING DOCS 72 HOURS NOTICE IN ADVANCE OF A
VISIT; LIMITING FOUR MEMBERS TO A SPECIAL HOUSING UNIT AT THE SAME
TIME; REQUIRES THE CORRECTIONAL ASSOCIATION TO PROVIDE DOCS WITH A
LIST OF NAMES AND CONTACT INFORMATION OF PEOPLE VISITING; PROVIDES THE
DEFINITION OF "EMERGENCY"; REQUIRES THE CORRECTIONAL ASSOCIATION TO
INCLUDE DOCS' WRITTEN RESPONSE REGARDING FACILITY CONDITIONS AND
RELATED ISSUES IN CERTAIN ASSOCIATION FINALS REPORT -- FINAL REPORT TO THE
GOVERNOR AND THE LEGISLATURE. IT ALSO PROVIDES CORRECTIONAL
ASSOCIATION EMPLOYEES, BOARD MEMBERS AND DESIGNEES TO SIGN A WAIVER
AND CURRENTLY -- THAT -- WHICH CURRENTLY OCCURS AS A CONDITION OF ENTRY
INTO A DOCS FACILITY.
I WITHDRAW MY REQUEST AND VOTE IN THE AFFIRMATIVE.
12
NYS ASSEMBLY JANUARY 25, 2021
ACTING SPEAKER AUBRY: MR. WEPRIN IN THE
AFFIRMATIVE.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. TO EXPLAIN MY
VOTE. LAST YEAR WHEN THIS BILL CAME UP THERE WERE A NUMBER OF
CONCERNS THAT WERE RAISED, AND I WANT TO COMMEND MY COLLEAGUE MR.
WEPRIN FOR DISCUSSING THOSE CONCERNS AND TAKING THEM INTO
CONSIDERATION AND WORKING WITH THE GOVERNOR'S OFFICE. THERE IS
OBVIOUSLY ALWAYS A BALANCING ACT IN OUR LEGISLATION, AND THE CHALLENGE
WE HAVE IS TO BALANCE THE NEED FOR THIS ORGANIZATION TO BE ABLE TO
PERFORM ITS NOT-FOR-PROFIT MISSION, ENSURING THAT OUR PRISONS ARE
OPERATED PROPERLY, WITH THE SECURITY CONCERNS THAT THE -- THE PRISONS
HAVE AS WELL. AND I THINK THE AMENDMENTS PROPERLY BALANCE THOSE TWO
COMPETING CONCERNS. AND AGAIN, I WANT TO COMMEND MY SPONSOR.
ALTHOUGH I VOTED AGAINST THE ORIGINAL BILL LAST YEAR, I'M VERY THANKFUL
THAT THE SPONSOR HAS MADE THESE IMPROVEMENTS AND, AGAIN, I -- I
COMMEND HIM FOR HIS THOUGHTFULNESS AND I WILL BE SUPPORTING IT AND
RECOMMEND THE SAME TO MY COLLEAGUES.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: MR. GOODELL IN THE
AFFIRMATIVE.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD THE
FOLLOWING REPUBLICANS IN THE NEGATIVE ON THIS BILL: MR. WALCZYK, MR.
SCHMITT AND MR. BRABENEC.
13
NYS ASSEMBLY JANUARY 25, 2021
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU
COULD PLEASE RECORD OUR COLLEAGUES SOUFFRANT FORREST, GALLAGHER,
MAMDANI, GONZÁLEZ-ROJAS, EPSTEIN, BARNWELL, KELLES AND MITAYNES IN
THE NEGATIVE. THANK YOU.
ACTING SPEAKER AUBRY: SO RECORDED. THANK
YOU.
ARE THERE ANY OTHER VOTES?
YES, THERE ARE. MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD MR.
DIPIETRO IN THE NEGATIVE AS WELL AS MR. MANKTELOW.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. COULD WE ALSO ADD OUR COLLEAGUE MR. BARRON AS A NEGATIVE?
ACTING SPEAKER AUBRY: THANK YOU. SO
NOTED.
ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A01250, CALENDAR NO.
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NYS ASSEMBLY JANUARY 25, 2021
20, GUNTHER. AN ACT TO DIRECT THE COMMISSIONER OF MENTAL HEALTH TO
CREATE A WORKGROUP AND REPORT REGARDING FRONTLINE WORKER TRAUMA
INFORMED CARE; TO REPEAL SECTION 7.48 OF THE MENTAL HYGIENE LAW
RELATING THERETO; AND PROVIDING FOR THE REPEAL OF CERTAIN PROVISIONS
UPON EXPIRATION THEREOF.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE ON ASSEMBLY PRINT 1250. 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 NUMBER 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. A01251, CALENDAR NO.
21, REYES. AN ACT TO AMEND THE WORKERS' COMPENSATION LAW, IN
RELATION TO THE DIRECT DEPOSIT OF BENEFITS; AND AMENDING A CHAPTER OF THE
LAWS OF 2020 AMENDING THE WORKERS' COMPENSATION LAW RELATING TO
THE DIRECT DEPOSIT OF BENEFITS, AS PROPOSED IN LEGISLATIVE BILLS NUMBERS
S.7210 AND A.7579, IN RELATION TO THE EFFECTIVENESS THEREOF.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL
15
NYS ASSEMBLY JANUARY 25, 2021
RECORD THE VOTE ON ASSEMBLY PRINT 1251. 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 BILL NO. A01252, CALENDAR
NO. 22, GUNTHER. AN ACT TO AMEND THE INSURANCE LAW, IN RELATION TO
THE ORGANIZATION OF ASSESSMENT CORPORATIONS.
ACTING SPEAKER AUBRY: ON A MOTION BY --
OH, EXCUSE ME.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE ON A -- ASSEMBLY PRINT 1252. THIS IS A FAST ROLL CALL.
ANY MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADERS AT THE NUMBER 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 BILL NO. A01255, CALENDAR
16
NYS ASSEMBLY JANUARY 25, 2021
NO. 23, HEVESI, VANEL. AN ACT TO AMEND THE FAMILY COURT ACT AND A
CHAPTER OF THE LAWS OF 2020 AMENDING THE FAMILY COURT ACT, RELATING
TO THE PLACEMENT OF A FORMER FOSTER CARE YOUTH DURING A CERTAIN STATE OF
EMERGENCY, AS PROPOSED IN LEGISLATIVE BILLS NUMBERS S.8834 AND
A.10581-B, IN RELATION TO PLACEMENT WITHOUT A MOTION AND MOTIONS
BEING HEARD AND DETERMINED ON AN EXPEDITED BASIS AND IN RELATION TO
THE EFFECTIVENESS THEREOF.
ACTING SPEAKER AUBRY: MR. GOODELL.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE ON ASSEMBLY PRINT 1255. 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 TO EXPLAIN HER VOTE.
MS. WALSH: OH, THERE WE GO. THANK YOU, MR.
SPEAKER. TO EXPLAIN MY VOTE. SO WHEN WE FIRST TOOK UP THE
BILL-IN-CHIEF LAST JULY, I ACTUALLY DEBATED AGAINST THIS BILL BECAUSE WHAT
THE BILL DOES IS IT -- WELL, IT DOES A COUPLE OF THINGS. THE BILL-IN-CHIEF,
THOUGH, ALLOWS A FOSTER CARE YOUTH THAT WANTS TO REENTER FOSTER CARE TO
DO SO WITHOUT HAVING TO GET PRE-APPROVAL FROM THE FAMILY COURT, WHICH
WOULD BE THE ORDINARY COURSE OF EVENTS. THE -- THE REASON GIVEN WAS
THAT DURING COVID WE WANTED TO BE SURE THAT IF YOUTH WANTED TO
17
NYS ASSEMBLY JANUARY 25, 2021
REENTER THEY COULD DO THAT. AT THE TIME, LAST JULY, I SAID I DIDN'T REALLY
THINK THAT THERE WAS SUCH AN EXIGENCY CAUSED BY COVID TO ALLOW FOR
THE TEMPORARY SUSPENSION OF THAT REQUIREMENT IN THE FAMILY COURT
SYSTEM. I HONESTLY THINK NOW THAT WE'VE LIVED THROUGH A FEW MORE
MONTHS OF THIS TO KNOW THAT THAT IS NOT THE CASE. FAMILY COURT, ALONG
WITH MOST OF OUR OTHER COURTS, HAVE PRETTY MUCH WELL, MAYBE NOT
GROUND TO A HALT, BUT THINGS ARE REALLY, REALLY BACKED UP. SO I LIKE THIS
CHAPTER AMENDMENT. I WILL BE SUPPORTING IT. IT DOES A COUPLE OF THINGS.
IT -- IT ALLOWS REENTRY WITHOUT COURT APPROVAL, BUT IT REQUIRES THAT ONCE
THE YOUTH HAS GONE BACK INTO FOSTER CARE, THAT THEY THEN HAVE TO PETITION
THE FAMILY COURT FOR APPROVAL AFTER THE FACT. I THINK THAT'S GREAT. AND IT
ALSO HAS A SUNSET DATE AFTER THE COVID EMERGENCY HAS PASSED. AND
ALTHOUGH IT DOES ALLOW A WAIVER OF EDUCATIONAL OR VOCATIONAL PROGRAM
TEMPORARILY FOR YOUTH, I THINK THAT, YOU KNOW, THERE ARE VERY FEW FOSTER
CARE YOUTH THAT WANT TO REENTER AT ALL, AND I THINK THAT ALTHOUGH THIS
MIGHT ONLY COME INTO PLAY A LITTLE BIT, I THINK IT'S IMPORTANT THAT IF THERE
IS SOMEBODY AFFECTED BY COVID WHO WANTS TO GET BACK INTO FOSTER
CARE, WE WANT TO ELIMINATE ANY BARRIERS.
SO I WILL BE SUPPORTING THE CHAPTER AMENDMENT.
THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A01256, CALENDAR NO.
18
NYS ASSEMBLY JANUARY 25, 2021
24, EPSTEIN, VANEL. AN ACT TO AMEND A CHAPTER OF THE LAWS OF 2020,
AMENDING THE SOCIAL SERVICES LAW RELATING TO REPORTING OF YOUTH
PLACED IN FOSTER CARE SETTINGS AND RECRUITMENT OF FOSTER PARENTS, AS
PROPOSED IN LEGISLATIVE BILLS NUMBERS A.1436-C AND S.222-C, IN
RELATION TO DIRECTING THE OFFICE OF CHILDREN AND FAMILY SERVICES TO
MAKE INFORMATION PUBLICLY AVAILABLE ON THE NUMBER OF YOUTH PLACED IN
FOSTER CARE SETTINGS AND RECRUITMENT OF FOSTER PARENTS AND THE
EFFECTIVENESS THEREOF; AND TO REPEAL CERTAIN PROVISIONS OF THE SOCIAL
SERVICES LAW RELATING THERETO.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
EPSTEIN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE ON SENATE BILL S.872. 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...
(THE CLERK RECORDED THE VOTE.)
MR. EPSTEIN ON -- TO EXPLAIN HIS VOTE.
MR. EPSTEIN: THANK YOU, MR. SPEAKER. I RISE TO
EXPLAIN MY VOTE. THIS IS A CHAPTER AMENDMENT FROM A BILL THAT WE
PASSED LAST YEAR, AND THE BASIS WAS ENSURING THAT WE HAD INFORMATION
ABOUT CHILDREN IN FEDERAL CARE OR IN STATE CARE THAT WERE IN THE
BOUNDARIES OF NEW YORK STATE. THE AMENDMENTS WERE INSTEAD OF
19
NYS ASSEMBLY JANUARY 25, 2021
QUARTERLY REPORTS WE'RE GOING TO DO TWO REPORTS A YEAR, AND -- AND THERE
STILL WILL BE -- THIS INFORMATION WILL BE AVAILABLE ON THE WEBSITE. WHILE
I, YOU KNOW, I REALLY APPRECIATE THE -- US GETTING BEHIND THIS BILL, THESE
AMENDMENTS DON'T AFFECT THE SUBSTANTIVE NATURE OF THE BILL AND ALLOWS
US TO GET GOOD INFORMATION IF KIDS WERE IN FEDERAL CARE OR STATE CARE.
THIS CAME OUT OF AN ISSUE OF CHILDREN BEING BROUGHT TO OUR STATE AND
WE DIDN'T KNOW THAT THEY WERE HERE, CHILDREN WHO WERE APPREHENDED AT
THE BORDER OR OTHER ISSUES.
I'M GLAD THAT THIS CHAPTER AMENDMENT IS MOVING
FORWARD AND I ENCOURAGE MY COLLEAGUES TO VOTE IN FAVOR OF IT. I'LL BE
VOTING IN FAVOR OF IT. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR. MR.
EPSTEIN IN THE AFFIRMATIVE.
ARE THERE ANY VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A01258, CALENDAR NO.
25, HEVESI. AN ACT TO AMEND THE SOCIAL SERVICES LAW, IN RELATION TO
REQUIRING THE COMMISSIONER TO PREPARE A REPORT OF THE HOMELESS
POPULATION DURING A STATE DISASTER EMERGENCY IN PUBLICLY-FUNDED
SHELTERS, RESIDENTIAL PROGRAMS FOR VICTIMS OF DOMESTIC VIOLENCE, AND
RESIDENTIAL PROGRAMS FOR RUNAWAY AND HOMELESS YOUTH.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
HEVESI, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
20
NYS ASSEMBLY JANUARY 25, 2021
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE ON SENATE BILL S.873. 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 NUMBER PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MR. LAWLER TO EXPLAIN HIS VOTE.
MR. LAWLER: THANK YOU, MR. SPEAKER. I TAKE
NOTE OF THE FACT THAT THIS LEGISLATION REQUIRES A REVIEW OF THE HOMELESS
POPULATION, AND THE INFORMATION REVIEW SHALL INCLUDE THE NUMBER OF
CONFIRMED INFECTED INDIVIDUALS, THE NUMBER OF HOSPITALIZATIONS AND THE
NUMBER OF DEATHS, AND THAT THIS INFORMATION SHALL BE POSTED WITHIN 60
DAYS OF THE EFFECTIVE DATE OF THE BILL. I SUPPORT THAT. I WOULD HOPE THAT
WE COULD ALSO PASS LEGISLATION THAT WOULD FORCE THE DEPARTMENT OF
HEALTH AND THE GOVERNOR'S OFFICE TO RELEASE ALL OF THE INFORMATION
RELATED TO THE NURSING HOME DEATHS AND MAKE THAT READILY AVAILABLE
WITHIN 60 DAYS.
I VOTE IN THE AFFIRMATIVE AND I HOPE MY COLLEAGUES
WILL JOIN ME IN ASKING -- DEMANDING THAT THE GOVERNOR DO THE SAME
WITH RESPECT TO THE NURSING HOMES.
ACTING SPEAKER AUBRY: MR. LAWLER IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
21
NYS ASSEMBLY JANUARY 25, 2021
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY BILL NO. A01259, CALENDAR
NO. 26, DINOWITZ, SEAWRIGHT, VANEL. AN ACT TO AMEND THE PUBLIC
AUTHORITIES LAW, IN RELATION TO THE AVAILABILITY OF CRITERIA USED IN
FORMULATING CAPITAL PROGRAM PLANS OF THE METROPOLITAN TRANSPORTATION
AUTHORITY.
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 1259. THIS IS A FAST ROLL CALL. ANY
MEMBER WISHING 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 BILL NO. A01261, CALENDAR
NO. 27, HEVESI, VANEL. AN ACT TO AMEND THE SOCIAL SERVICES LAW, IN
RELATION TO CERTAIN DATA TO BE REPORTED REGARDING CHILD WELFARE
PREVENTIVE SERVICES; AND TO AMEND A CHAPTER OF THE LAWS OF 2020
AMENDING THE SOCIAL SERVICES LAW RELATING TO REPORTING DATA ON CHILD
WELFARE PREVENTIVE SERVICES, AS PROPOSED IN LEGISLATIVE BILLS NUMBERS
S.8421-A AND A.10513, IN RELATION TO THE EFFECTIVENESS THEREOF.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
22
NYS ASSEMBLY JANUARY 25, 2021
HEVESI, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE ON ASSEMBLY PRINT 882. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO RECORD IT IN THE NEGATIVE IS REMINDED TO CONTACT
THE MAJORITY OR THE MINORITY LEADER AT THE NUMBER -- 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 BILL NO. A01262, CALENDAR
NO. 28, HEVESI. AN ACT TO AMEND THE SOCIAL SERVICES LAW, IN RELATION
TO WORKING WITH THE USDA TO RECEIVE APPROVALS AND DEVELOP ONLINE
FRESH FOOD PURCHASING OPTIONS THROUGHOUT THE STATE; AND TO AMEND A
CHAPTER OF THE LAWS OF 2020 AMENDING THE SOCIAL SERVICES LAW
RELATING TO USING SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS
TO PURCHASE ONLINE GROCERIES AND TO THE STATE SUPPLEMENTAL NUTRITION
ASSISTANCE PROGRAM OUTREACH PROGRAM, AS PROPOSED IN LEGISLATIVE BILLS
NUMBERS S.8247-A AND A.10673, IN RELATION TO THE EFFECTIVENESS
THEREOF.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
OH, EXCUSE ME. ON A MOTION BY MR. HEVESI, THE
23
NYS ASSEMBLY JANUARY 25, 2021
SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE ON SENATE BILL S.878. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR THE 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 BILL NO. A01263, CALENDAR
NO. 29, L. ROSENTHAL. AN ACT TO AMEND THE ENVIRONMENTAL
CONSERVATION LAW, IN RELATION TO PROHIBITING THE USE OF GLYPHOSATE ON
STATE PROPERTY.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
ROSENTHAL, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE ON SENATE BILL S.899. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY AND/OR MINORITY LEADER AT THE NUMBER PREVIOUSLY
24
NYS ASSEMBLY JANUARY 25, 2021
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MS. ROSENTHAL TO EXPLAIN HER VOTE.
MS. ROSENTHAL: OKAY. THANK YOU, MR. SPEAKER.
TO EXPLAIN MY VOTE. LAST YEAR THE LEGISLATURE PASSED A -- A BILL WHICH
BECAME CHAPTER 378 THAT PROHIBITED THE USE OF THE PESTICIDE GLYPHOSATE
ON STATE PROPERTY. THIS CHAPTER AMENDMENT AMENDS THAT LAW AND
PERMITS VERY LIMITED CIRCUMSTANCES IN WHICH GLYPHOSATE - COMMONLY
KNOWN AS ROUNDUP - MAY BE USED ON STATE LAND. IT WILL BE PERMITTED
ONLY FOR USES WHERE THERE IS NO ACTUAL SIGNIFICANT THREAT OF DIRECT
HUMAN EXPOSURE AND IF THERE'S NO EFFECTIVE AND PRACTICABLE ALTERNATIVE.
IN ADDITION, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION WOULD BE
REQUIRED TO PROMULGATE REGULATIONS AND REPORT ANNUALLY ON USAGE,
INCLUDING THE AMOUNT AND THE LOCATION.
AND I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. ROSENTHAL IN THE
AFFIRMATIVE.
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, SIR. LAST YEAR ON THE --
ON THE ORIGINAL BILL THERE WAS MIXED VOTES WITHIN THE REPUBLICAN
CAUCUS; SOME VOTED YES, SOME VOTED NO. OVERALL, THERE WAS ALSO
BIPARTISAN OPPOSITION. SO OVERALL, THERE WERE, I THINK, 42 NEGATIVE
VOTES. AND THE CONCERN THAT WAS RAISED LAST YEAR WAS THAT THE
LEGISLATION BANNED THE USE OF GLYPHOSATE ON STATE PROPERTY. THERE ARE A
COUPLE OF CONCERNS THAT WERE RAISED. ONE CONCERN WAS THAT SOME OF
25
NYS ASSEMBLY JANUARY 25, 2021
THE ALTERNATIVES WERE MORE TOXIC. AND CERTAINLY THE SPONSOR, ALONG
WITH THE REST OF US, WANT TO MINIMIZE THE USE OF TOXIC CHEMICALS
WHENEVER POSSIBLE. THERE'S ALSO CONSIDERABLE CONCERN THAT A LOT OF
STATE PROPERTY WAS LEASED TO FARMERS AROUND THE STATE, AND THE FARMERS
NEED TO USE EFFECTIVE AND ENVIRONMENTALLY-SAFE HERBICIDES AS PART OF
THEIR FARMING OPERATIONS. AND FARMERS THAT USE HERBICIDES ARE HIGHLY
TRAINED, THEY'RE VERY KNOWLEDGEABLE, AND THEY KNOW HOW TO SAFELY USE
THIS TYPE OF HERBICIDE. THESE CONCERNS HAVE BEEN ADDRESSED IN THE
CHAPTER AMENDMENT. FIRST, WE'VE RECEIVED CLARIFICATIONS THAT FARMERS
WHO ARE LEASING LANDS WOULD NOT BE CONSIDERED STATE CONTRACTORS OR
SUBCONTRACTORS. THEY'RE TENANTS, NOT SUBCONTRACTORS AND, THEREFORE, THIS
BILL WOULDN'T APPLY TO THEM. AND AS THE SPONSOR CORRECTLY NOTED, THIS
CHAPTER AMENDMENT WOULD ALLOW THE USE OF THIS CHEMICAL, GLYPHOSATE,
ON STATE PROPERTY WHEN THERE'S NO ACTUAL OR SIGNIFICANT THREAT OF DIRECT
HUMAN EXPOSURE, NO EFFECTIVE OR PRACTICAL ALTERNATIVE, OR IT CAN BE
APPLIED IN SPECIFIC SITUATIONS.
SO, WITH THOSE ADJUSTMENTS I WILL BE SUPPORTING THE
AMENDMENT, AND I KNOW THERE ARE SOME OF MY COLLEAGUES THAT MAY BE
OPPOSED TO THE AMENDMENT BECAUSE THEY WOULD PREFER A STRONGER
RESTRICTION. SO THANK YOU, SIR, FOR ALLOWING ME TO EXPLAIN MY VOTE.
ACTING SPEAKER AUBRY: MR. MONTESANO TO
EXPLAIN HIS VOTE.
MR. MONTESANO: THANK YOU. TO EXPLAIN MY
VOTE. YOU KNOW, I HAD THE CONCERNS WITH THE BILL-IN-CHIEF AND I VOTED
IN THE NEGATIVE, AND I ALSO HAVE A PROBLEM WITH THIS AMENDMENT. IF
26
NYS ASSEMBLY JANUARY 25, 2021
GLYPHOSATE WAS SO DANGEROUS THE WAY IT WAS PRESENTED TO US ON THE LAST
BILL AND THERE WAS A -- A CLEAR ELIMINATION OF IT ON THE USE OF STATE
PROPERTY, THE REASONS THAT THE GOVERNOR GIVES IN HIS VETO MESSAGE, TO
ME, DOES NOT SUPPORT A JUSTIFICATION TO NOT ALLOW THE APPLICATION OF THIS
HERBICIDE ON STATE PROPERTY. WHY? BECAUSE IT'S TOO EXPENSIVE, HE
SAYS. IT HAS TO GO TO A MORE COSTLY ALTERNATIVE. WELL, IF THE FARMERS AND
OTHER PEOPLE AND HOMEOWNERS HAVE TO USE MORE COSTLY ALTERNATIVES ON
THEIR PROPERTY OR ORGANIC TREATMENTS ON THEIR PROPERTY, SO SHOULD THE
STATE. HE PUTS ON HERE THAT, YOU KNOW, THE PROPER APPLICATION. WE
HAVE STATE EMPLOYEES THAT HAVE TO APPLY THIS DANGEROUS CHEMICAL. WE
DON'T KNOW IF THEY HAVE THE RIGHT APPARATUS, EQUIPMENT, PROTECTIVE GEAR
TO ADMINISTER THIS. AND WHO KNOWS WHERE THEY'RE SPRAYING IT. IF
THEY'RE SPRAYING IT ON THE SIDE OF THE THRUWAY TO KILL THE WEEDS, THE
PUBLIC HAS ACCESS TO THOSE SIDE ROADS. HOW MANY TIMES YOU DRIVE ON
THE THRUWAY, STOP YOUR CAR AND GET OUT AND WALK ON THAT GRASS. OR
PEOPLE GET A DISABLED VEHICLE. OR PEOPLE LET THEIR PETS OUT ON THE
GROUND. SO, THIS WHOLE THING JUST TO SATISFY THE GOVERNOR'S PROBLEM
THAT WELL, IT'S GOING TO BE AN INCONVENIENCE TO THE STATE TO -- TO APPLY
SOMETHING DIFFERENT THAN GLYPHOSATE SO YOU SHOULD LET US USE IT FOR NOW
AND LET US CONTINUE TO POISON PEOPLE FOR THE FINANCIAL BENEFIT OF THE
STATE DOESN'T REALLY WORK FOR ME.
SO, I'LL BE VOTING IN THE NEGATIVE AND I WOULD
ENCOURAGE MY COLLEAGUES TO DO THE SAME. THANK YOU.
ACTING SPEAKER WOERNER: THANK YOU. MR.
MONTESANO IN THE NEGATIVE.
27
NYS ASSEMBLY JANUARY 25, 2021
MR. MANKTELOW.
(PAUSE)
MR. MANKTELOW: THERE WE GO. FIRST OF ALL, I'D
LIKE TO THANK THE SPONSOR FOR BRINGING OUR CONCERNS BACK TO THE TABLE
AND ALLOWING THIS CHEMICAL TO BE USED IN AGRICULTURAL PRODUCTION. YOU
KNOW, SOME OF THE POSITIVE THINGS ABOUT GLYPHOSATE IS IT WILL DEFINITELY
IMPROVE WATER QUALITY BECAUSE IN SITUATIONS WHERE WE HAVE NO TILL
PLANTING OR MINIMUM TILL PLANTING, WE NEED TO HAVE A BURN-OFF PRODUCT.
AND THIS IS REASONABLE, VERY SAFE TO USE, ESPECIALLY IN THE FARMING
COMMUNITIES BECAUSE WE ARE TRAINED, WE DO HAVE THE PROPER GEAR, AND
IT DOES A GREAT JOB. AND IT DOESN'T KILL ANYTHING -- ONE OF THE -- ONE OF
THE QUESTIONS IN COMMITTEE WAS, YOU KNOW, DOES IT KILL INSECTS?
ABSOLUTELY NOT. AND THIS IS NOT AN INSECTICIDE, THIS IS A HERBICIDE. SO
AGAIN, I WANT TO COMMEND THE SPONSOR. THIS IS A GREAT MOVE FOR OUR
AGRICULTURAL COMMUNITIES IN NEW YORK STATE, AND IN -- IN A TIME WHERE
WE NEED MORE FOOD AND SAFE FOOD, THIS IS ABSOLUTELY THE RIGHT THING TO
DO.
SO I JUST WANT TO SAY THANK YOU AND I WILL BE VOTING
YES ON THIS AMENDMENT. THANK YOU.
ACTING SPEAKER WOERNER: THANK YOU. MR.
MANKTELOW IN THE AFFIRMATIVE.
MR. BROWN.
MR. BROWN: THANK YOU, SPEAKER. I WANT TO JOIN
WITH MR. MONTESANO IN MY COMMENTS TODAY. I FIRST HEARD OF THIS
LEGISLATION IN COMMITTEE. I RAISED SEVERAL CONCERNS ABOUT THE CHAPTER
28
NYS ASSEMBLY JANUARY 25, 2021
AMENDMENTS IN COMMITTEE. I -- THE ANSWERS I RECEIVED AND THE
RESPONSES I GOT WERE NOT SATISFACTORY, SO I'LL BE VOTING IN THE NEGATIVE
ON THIS BILL. THANK YOU.
ACTING SPEAKER WOERNER: THANK YOU. MR.
BROWN IN THE NEGATIVE.
MS. KELLES TO EXPLAIN HER VOTE.
MS. KELLES: YES, THANK YOU. THAT'S MS. KELLES
(KEL-LES PHONETIC). THANK YOU SO MUCH. I -- I JUST WANT TO MAKE ONE
CLARIFICATION. MY UNDERSTANDING IS THIS RELATES TO ANY PRACTICES BUT ONLY
EXCLUSIVELY ON STATE FARM -- OR STATE LAND. BUT I DID ALSO WANT TO
CLARIFY ONE THING THAT IS VERY IMPORTANT TO ME, IS THE SCIENCE
SPECIFICALLY WITH RESPECT TO GLYPHOSATES AND INSECT POPULATIONS, AND IN
SPECIFIC, HONEY BEES. THERE'S BEEN SUBSTANTIAL RESEARCH, AND THERE ARE
FARMERS IN NEW YORK THAT THIS WOULD DRAMATICALLY AFFECT. WE ALSO
KNOW THAT THEY ARE A HUGE PART OF A BALANCED AND HEALTHY ECOSYSTEM.
THERE IS SCIENTIFIC RESEARCH ON OTHER INSECT POPULATIONS THAT IS ONGOING
AS WELL. I WOULD LOVE TO SEE THIS BE STRONGER. THERE ARE OTHER
CHEMICALS THAT CAN BE USED THAT I THINK ARE SAFER THAN GLYPHOSATES AND I
THINK THAT THEY SHOULD BE PHASED OUT BECAUSE OF THIS.
SO I AM IN STRONG SUPPORT AND I THANK
ASSEMBLYMEMBER ROSENTHAL FOR BRINGING THIS FORWARD AND I WILL BE
SUPPORTING IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: THANK YOU.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD THE
29
NYS ASSEMBLY JANUARY 25, 2021
FOLLOWING REPUBLICAN ASSEMBLYMEMBERS IN THE NEGATIVE: MR. SMITH,
MR. DURSO, MR. PALMESANO, MR. GANDOLFO, MR. WALCZYK AND MR.
MCDONOUGH.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. IF YOU COULD RECORD OUR COLLEAGUES MS. BUTTENSCHON AND MS.
GRIFFIN IN THE NEGATIVE.
ACTING SPEAKER AUBRY: CERTAINLY. THANK
YOU.
MR. ABINANTI TO EXPLAIN HIS VOTE.
MR. ABINANTI: THANK YOU, MR. SPEAKER.
GLYPHOSATE IS DANGEROUS. IT CAUSES CANCER. THE MANUFACTURER HAS LOST
SEVERAL LAWSUITS. I BELIEVE WE SHOULD BAN IT EVERYWHERE. BUT SINCE THE
GOVERNOR IS UNWILLING TO DO THAT, I WILL TAKE ANY RESTRICTION ON IT
POSSIBLE. THIS IS A CHAPTER AMENDMENT SO THAT WE WOULD GET SOME
RESTRICTIONS, OTHERWISE WE WOULD'VE SEEN THE GOVERNOR VETO THIS BILL. I
WILL TAKE WHATEVER RESTRICTION WE CAN GET, THEREFORE, I VOTE IN THE
AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. ABINANTI IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
30
NYS ASSEMBLY JANUARY 25, 2021
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF WE
COULD GO BACK TO PAGE 12 AND TAKE UP CALENDAR NO. 16 BY MR. DILAN.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY BILL NO. A00981, CALENDAR
NO. 16, DILAN. AN ACT TO AMEND THE PUBLIC SERVICE LAW, IN RELATION TO
THE EXPIRATION OF MINUTES PURCHASED WITH PREPAID CELLULAR TELEPHONE
CARDS.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
DILAN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL
RECORD THE VOTE ON SENATE PRINT 892. 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, MR. SPEAKER. PLEASE
RECORD ASSEMBLYMAN WALCZYK IN THE NEGATIVE ON THIS BILL.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED, SIR.
MRS. PEOPLES-STOKES. NO?
31
NYS ASSEMBLY JANUARY 25, 2021
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 NEITHER,
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: WELL, THEN CAN YOU CALL
ON MS. HUNTER, WHO JUST LEFT THE BUILDING?
WELL, MR. SPEAKER, IF YOU CAN CALL ON MS. HYNDMAN
FOR AN ANNOUNCEMENT.
ACTING SPEAKER AUBRY: MS. HYNDMAN FOR THE
PURPOSES OF A ANNOUNCEMENT.
MS. HYNDMAN: THE ASSEMBLY MAJORITY WILL HAVE
A CONFERENCE IMMEDIATELY AFTER SESSION.
ACTING SPEAKER AUBRY: ASSEMBLY MAJORITY
CONFERENCE IMMEDIATELY AFTER SESSION.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. WOULD YOU PLEASE
CALL ON MR. NORRIS FOR AN ANNOUNCEMENT?
ACTING SPEAKER AUBRY: MR. NORRIS FOR THE
PURPOSES OF A ANNOUNCEMENT.
MR. NORRIS: THANK YOU, MR. SPEAKER. THERE WILL
BE A MINORITY CONFERENCE IMMEDIATELY FOLLOWING SESSION VIA ZOOM.
32
NYS ASSEMBLY JANUARY 25, 2021
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. NORRIS
ANNOUNCES A MINORITY CONFERENCE IMMEDIATELY AFTER SESSION VIA ZOOM.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. IF I COULD REMIND COLLEAGUES WHO ARE PARTICIPATING REMOTELY
EITHER IN YOUR OFFICES AND/OR DISTRICT OFFICES, PLEASE STAY ON THE ZOOM.
WE'RE GOING TO GO IMMEDIATELY INTO OUR CONFERENCE WITH THE SPEAKER.
WITH THAT, MR. SPEAKER, I NOW MOVE THAT THE
ASSEMBLY STAND ADJOURNED UNTIL 2:00 P.M., TUESDAY, JANUARY THE 26TH,
TOMORROW BEING A SESSION DAY.
ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS
ADJOURNED.
(WHEREUPON, AT 4:47 P.M., THE ASSEMBLY STOOD
ADJOURNED UNTIL TUESDAY, JANUARY 26TH AT 2:00 P.M., THAT BEING A
SESSION DAY.)
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