MONDAY, FEBRUARY 14, 2022 3:15 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 SATURDAY, FEBRUARY 12TH.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I MOVE TO
1
NYS ASSEMBLY FEBRUARY 14, 2022
DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF SATURDAY, FEBRUARY
THE 12TH AND ASK THAT THE SAME STAND APPROVED.
ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO
ORDERED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. I'D LIKE THE OPPORTUNITY TO SHARE THIS QUOTE THIS AFTERNOON,
THIS EARLY EVENING WITH COLLEAGUES. THIS ONE IS FROM KATHERINE
JOHNSON. KATHERINE JOHNSON, AS MANY OF YOU MAY KNOW, WAS AN
AFRICAN-AMERICAN MATHEMATICIAN WHO SPENT MORE THAN 30 YEARS OF HER
LIFE WORKING FOR NASA. KATHERINE AND HER COLLEAGUES WERE REGARDED
AS HUMAN COMPUTERS DURING THE EARLY NASA YEARS. THE WORDS THAT
KATHERINE IS SHARING WITH US TODAY, MR. SPEAKER, "LIKE WHAT YOU DO,
AND THEN YOU WILL DO YOUR BEST." CLEARLY SHE LOVED WHAT SHE DID.
NOW, MR. SPEAKER, IF I COULD HAVE MEMBERS'
ATTENTION. I WOULD LIKE TO SHARE WHAT THE SCHEDULE FOR TODAY WILL BE.
MEMBERS HAVE ON THEIR DESKS AN A-CALENDAR AND A MAIN CALENDAR. AT
THIS TIME, MR. SPEAKER, WOULD YOU PLEASE ADVANCE THE A-CALENDAR.
ACTING SPEAKER AUBRY: ON MRS.
PEOPLES-STOKES' MOTION, THE A-CALENDAR IS ADVANCED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, SIR. AFTER
HOUSEKEEPING, WE'RE GOING TO TAKE UP RESOLUTIONS ON PAGE 3. WE HAVE
34 NEW BILLS ON THE MAIN CALENDAR. WE'RE GOING TO TAKE THESE BILLS UP
ON CONSENT BEGINNING WITH CALENDAR NO. 332, IT'S ON PAGE 4, MR.
2
NYS ASSEMBLY FEBRUARY 14, 2022
SPEAKER. THEN WE'RE GOING TO TAKE UP RULES REPORT NO. 60 BY MS.
WALKER FROM THE A-CALENDAR ON CONSENT, AS WELL. WE WILL THEN
PROCEED TO OUR DEBATE LIST. WE'RE GOING TO BE DEBATING BILLS BEGINNING
WITH CALENDAR NO. 315 ON PAGE 56 BY MR. BRONSON, AND WE WILL
FOLLOW THROUGH FOLLOWING THAT, MR. SPEAKER. SO THAT IS A GENERAL
OUTLINE, IF THERE'S HOUSEKEEPING, NOW WOULD BE A GREAT TIME.
ACTING SPEAKER AUBRY: WE HAVE NO
HOUSEKEEPING SO WE WILL MOVE DIRECTLY TO THE RESOLUTIONS ON PAGE 3.
THE CLERK WILL READ.
THE CLERK: ASSEMBLY RESOLUTION NO. 551, MS.
SOLAGES.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM OCTOBER 17, 2022 AS BLACK POETRY DAY IN
THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 552, MR.
JONES.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM FEBRUARY 14, 2022 AS CANADIAN-AMERICAN
HERITAGE DAY IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: MR. JONES ON THE
RESOLUTION.
MR. JONES: YES, THANK YOU, MR. SPEAKER, AND
3
NYS ASSEMBLY FEBRUARY 14, 2022
THANK YOU FOR ALLOWING ME TO BRIEFLY ACKNOWLEDGE
CANADIAN-AMERICAN HERITAGE DAY HERE IN THE NEW YORK STATE
ASSEMBLY. THE PAST COUPLE OF YEARS HAVE BEEN MORE THAN DIFFICULT ON
OUR -- ON OUR RELATIONSHIPS WITH CANADA. WHERE I AM FROM AND WHERE
MANY OF US REPRESENT, WE HAVE FAMILIES AND LOVED ONES ON THE OTHER
SIDE OF THE BORDER, THEY HAVE NOT BEEN ABLE TO SEE US. WE'RE NOT ONLY
CONNECTED TO CANADA ECONOMICALLY, THEY ARE THE LARGEST TRADING
PARTNER, BUT CULTURALLY AND HISTORICALLY. AND, LIKE I SAID, MANY OF US
HAVE LOVED ONES, FAMILY MEMBERS AND FRIENDS ON THE OTHER SIDE OF THAT
BORDER AND WE'VE BEEN SEPARATED FOR THE LAST COUPLE OF YEARS. IT'S BEEN
DIFFICULT ON THEM, IT'S BEEN DIFFICULT ON US BUT ON THIS DAY, LET US
RECOGNIZE THAT OUR FRIENDS AND OUR -- OUR FAMILIES FROM THE NORTH AND
FROM CANADA ARE RECOGNIZED HERE ON CANADIAN-AMERICAN HERITAGE
DAY. THANK YOU FOR THE OPPORTUNITY TO SPEAK ON THIS AND WE'RE WITH
YOU, CANADA.
ACTING SPEAKER AUBRY: THANK YOU, SIR. ON
THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO.
THE RESOLUTION IS ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 553, MRS.
GUNTHER.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM FEBRUARY 14, 2022 AS A DAY FOR HEARTS:
CONGENITAL HEART DEFECT AWARENESS DAY 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
4
NYS ASSEMBLY FEBRUARY 14, 2022
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 554, MR.
SAYEGH.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM FEBRUARY 13, 2022 AS RADIO DAY IN THE
STATE OF NEW YORK, IN CONJUNCTION WITH THE OBSERVANCE OF WORLD
RADIO DAY.
ACTING SPEAKER AUBRY: MR. SAYEGH ON THE
RESOLUTION.
MR. SAYEGH: THANK YOU VERY MUCH FOR THE
OPPORTUNITY. RESOLUTION COMMEMORATING WORLD RADIO DAY IN THE
STATE OF NEW YORK. HEINRICH HERTZ DISCOVERED RADIO WAVES IN 1887
REVOLUTIONIZING COMMUNICATION. AND WHEREAS, ACCORDING TO NASA,
RADIO WAVES HAVE THE LONGEST WAVELENGTHS IN THE ELECTROMAGNETIC
SPECTRUM. AND RADIO DEVICES WORK BY RECEIVING THESE ELECTROMAGNETIC
RADIO WAVES AND CONVERTING THEM TO MECHANICAL VIBRATIONS IN THE
SPEAKER TO CREATE THE SOUND WAVES YOU CAN HEAR. AND FREQUENCY
MODULATION, FM SYSTEMS OF RADIO BROADCASTING, WHICH IS NOW THE
HOME OF MOST MUSIC STATIONS WAS INVENTED IN YONKERS, NEW YORK IN
1937 BY EDWIN ARMSTRONG. MR. ARMSTRONG'S INVENTION OF FM RADIO
HERE IN YONKERS CONNECTED THE WORLD AND WAS THE GENESIS OF AMERICAN
PREEMINENCE IN COMMUNICATIONS AND TECHNOLOGY.
AND RADIO HAS THE ABILITY TO CROSS INTERNATIONAL
BOUNDARIES AND BRING NEWS, ENTERTAINMENT, AND HOPE TO THOSE WHO LIVE
IN UNFREE SOCIETIES. ON JULY 11, 1943, ANNE FRANK, WHILE HIDING FROM
5
NYS ASSEMBLY FEBRUARY 14, 2022
THE NAZIS, WROTE IN HER DIARY, QUOTE, "THE RADIO, WITH ITS WONDROUS
VOICE, HELPS US NOT TO LOSE HEART AND TO KEEP TELLING OTHERS," QUOTE,
"CHEER UP, KEEP YOUR SPIRITS HIGH, THINGS ARE BOUND TO GET BETTER,"
UNQUOTE. AND RADIO HAS ADVANCED THE CAUSE OF SCIENCE EVEN BEYOND
THE BOUNDARIES OF OUR PLANET. AND WE KNOW THAT IN JULY, 1969
AMERICAN ASTRONAUT NEIL ARMSTRONG USED RADIO COMMUNICATIONS TO
TRANSIT A MESSAGE ON THE SURFACE OF EARTH'S MOON, QUOTE, "THAT'S ONE
SMALL STEP FOR MANKIND [SIC], ONE GIANT LEAP FOR MANKIND." AND TODAY,
RECOGNIZING RADIO IS CRUCIAL TO FREE SPEECH AND CONSTITUTIONAL RIGHTS.
SO THANK YOU FOR THIS OPPORTUNITY TO DECLARE FEBRUARY
13TH AS WORLD RADIO DAY HERE IN THE STATE OF NEW YORK. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAY
AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.
PAGE 4, CALENDAR NO. 382, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00159, CALENDAR NO.
382, GOTTFRIED, PAULIN, GALEF, COLTON, CAHILL, ENGLEBRIGHT, ABINANTI,
HYNDMAN, STECK. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION
TO REMEDIES AVAILABLE IN PRIVATE ACTIONS BY PATIENTS OF RESIDENTIAL
HEALTH CARE FACILITIES.
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 A159. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
6
NYS ASSEMBLY FEBRUARY 14, 2022
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. A00384-A, CALENDAR
NO. 383, BRAUNSTEIN. AN ACT TO AMEND CHAPTER 802 OF THE LAWS OF
1947, RELATING TO FACILITATING THE FINANCING AND EFFECTUATION OF AIR
TERMINALS BY THE PORT OF NEW YORK AUTHORITY, IN RELATION TO PROHIBITING
CERTAIN FLIGHTS AT LAGUARDIA AIRPORT.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A01635, CALENDAR NO.
384, PERRY. AN ACT TO AMEND THE CRIMINAL PROCEDURE LAW, IN RELATION
TO ESTABLISHING THE CHANCE TO HELP NOTIFICATION ACT.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A02344, CALENDAR NO.
385, L. ROSENTHAL, STECK, STERN, LAVINE, MAGNARELLI, REYES, GRIFFIN,
BRABENEC, JACKSON, ABINANTI, CARROLL. AN ACT TO AMEND THE PUBLIC
HEALTH LAW, IN RELATION TO FOOD ALLERGY AWARENESS IN FOOD SERVICE
ESTABLISHMENTS AND ONLINE FOOD ORDERING SERVICES.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A03217-A, CALENDAR
NO. 386, SAYEGH, DICKENS, GRIFFIN, GALEF, SIMON, BUTTENSCHON,
MONTESANO, SEAWRIGHT, DESTEFANO, THIELE, SANTABARBARA, TAGUE,
7
NYS ASSEMBLY FEBRUARY 14, 2022
DURSO, LEMONDES, LAWLER, OTIS. AN ACT TO AMEND THE PUBLIC SERVICE
LAW AND THE PUBLIC AUTHORITIES LAW, IN RELATION TO DEFINING MEDICAL
NEEDS FOR ESSENTIAL ELECTRICITY AND TO REQUIRE CERTAIN SERVICE PROVIDERS'
EMERGENCY RESPONSE PLANS TO INCLUDE OUTREACH PLANS FOR CUSTOMERS
WHO HAVE DOCUMENTED THEIR NEED FOR ESSENTIAL ELECTRICITY FOR MEDICAL
NEEDS.
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 3217-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 VOTES.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A05376-B, CALENDAR
NO. 387, QUART, HEVESI, ANDERSON, AUBRY, ZINERMAN, JACKSON, SIMON,
KELLES. AN ACT TO AMEND THE CIVIL PRACTICE LAW AND RULES, IN RELATION
TO EVIDENCE OF LOST EARNINGS OR IMPAIRED EARNING CAPACITY.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A07532, CALENDAR NO.
388, GOTTFRIED. AN ACT TO AMEND THE SOCIAL SERVICES LAW AND THE
PUBLIC HEALTH LAW, IN RELATION TO GRANTING RESIDENTS OF ADULT CARE
8
NYS ASSEMBLY FEBRUARY 14, 2022
FACILITIES A CAUSE OF ACTION TO SEEK THE APPOINTMENT OF TEMPORARY
OPERATORS OF SUCH FACILITIES.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A07946-A, CALENDAR
NO. 389, WEPRIN. AN ACT TO AMEND CHAPTER 188 OF THE LAWS OF 1978,
RELATING TO INCORPORATING THE COLONIAL FARMHOUSE RESTORATION SOCIETY
OF BELLEROSE, QUEENS COUNTY, NEW YORK, IN RELATION TO PROVIDING FOR
THE POWERS AND DUTIES OF SUCH SOCIETY.
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 7946-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.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A08328, CALENDAR NO.
390, STERN. AN ACT TO AMEND THE GENERAL MUNICIPAL LAW, IN RELATION
TO AUTHORIZING A MUNICIPALITY TO INCREASE THE NUMBER OF YEARS OF
SERVICE THAT A PARTICIPANT IN A DEFINED CONTRIBUTION PLAN SERVICE AWARD
PROGRAM OR A DEFINED BENEFIT PLAN SERVICE AWARD PROGRAM MAY RECEIVE
A CONTRIBUTION.
9
NYS ASSEMBLY FEBRUARY 14, 2022
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 8328. 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. A08339, CALENDAR NO.
391, GONZÁLEZ-ROJAS, SIMON, GRIFFIN, ENGLEBRIGHT, SEAWRIGHT,
DICKENS, GOTTFRIED, ABINANTI, KELLES, JACOBSON, MCDONALD, DINOWITZ,
ANDERSON, CAHILL, STIRPE, GALEF. AN ACT TO AMEND THE TAX LAW, IN
RELATION TO REQUIRING THE DEPARTMENT OF HEALTH TO PUBLISH CERTAIN
REPORTS ON DEPARTMENT'S WEBSITE DETAILING SALES OF OPIOIDS IN THE STATE.
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 8339. 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.)
10
NYS ASSEMBLY FEBRUARY 14, 2022
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A08449, CALENDAR NO.
392, PAULIN. AN ACT TO AMEND THE BUSINESS CORPORATION LAW AND THE
LIMITED LIABILITY COMPANY LAW, IN RELATION TO REQUIRING CERTAIN
COMPANIES AND CORPORATIONS TO REPORT CERTAIN DATA REGARDING THE
GENDER, RACE AND ETHNICITY OF THEIR EMPLOYEES.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A08493-A, CALENDAR
NO. 393, PAULIN, MAGNARELLI, SANTABARBARA. AN ACT TO AMEND CHAPTER
3 OF THE LAWS OF 2020 RELATING TO ESTABLISHING THE STRETCH LIMOUSINE
PASSENGER SAFETY TASK FORCE, IN RELATION TO EXTENDING THE DATE OF THE
FINAL REPORT SHALL BE ISSUED AND IN RELATION TO EXTENDING 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 PRINT 8493-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.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A08631, CALENDAR NO.
11
NYS ASSEMBLY FEBRUARY 14, 2022
394, SEAWRIGHT. AN ACT TO AMEND THE PUBLIC AUTHORITIES LAW, IN
RELATION TO REQUIRING CERTAIN DIRECTORS OF THE ROOSEVELT ISLAND
OPERATING CORPORATION TO BE RESIDENTS OF ROOSEVELT ISLAND AND TO
REQUIRE THE APPOINTMENT OF CERTAIN VACANT BOARD POSITIONS WITHIN SIXTY
DAYS.
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 8631. 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. A08701, CALENDAR NO.
395, REYES. AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO THE
"HATE CRIMES ANALYSIS AND REVIEW ACT"; AND TO AMEND A CHAPTER OF
THE LAWS OF 2021, AMENDING THE EXECUTIVE LAW RELATING TO ENACTING
THE "HATE CRIMES ANALYSIS AND REVIEW ACT", AS PROPOSED IN
LEGISLATIVE BILLS NUMBERS S. 70-A AND A. 2230-A, IN RELATION TO THE
EFFECTIVENESS THEREOF.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
REYES, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
12
NYS ASSEMBLY FEBRUARY 14, 2022
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 7807. 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. A08709, CALENDAR NO.
396, EPSTEIN. AN ACT TO AMEND THE EDUCATION LAW, IN RELATION TO
PREVENTING INSTITUTIONS FROM IMPLEMENTING CONTINGENCIES ON THE
RECEIPT OF STATE FUNDING.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
EPSTEIN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED AND THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A08747, CALENDAR NO.
397, GRIFFIN, COLTON. AN ACT TO AMEND A CHAPTER OF THE LAWS OF 2021
DIRECTING THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND OTHER
STATE DEPARTMENTS AND AGENCIES TO CONDUCT A STUDY ON THE QUALITY OF
LIFE AND HUMAN HEALTH IMPACTS AT JOHN F. KENNEDY INTERNATIONAL
AIRPORT AND LAGUARDIA AIRPORT, AS PROPOSED IN LEGISLATIVE BILLS
NUMBERS S. 966-B AND A. 2140-B, IN RELATION TO THE STUDY ON THE
QUALITY OF LIFE AND HUMAN HEALTH IMPACTS OF JOHN F. KENNEDY
INTERNATIONAL AIRPORT AND LAGUARDIA AIRPORT.
13
NYS ASSEMBLY FEBRUARY 14, 2022
ACTING SPEAKER AUBRY: ON A MOTION BY MRS.
GRIFFIN, 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 7732. 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.)
MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU
COULD PLEASE RECORD OUR COLLEAGUE, MR. DILAN, IN THE NEGATIVE ON THIS
ONE.
ACTING SPEAKER AUBRY: SO NOTED, THANK YOU.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A08755, CALENDAR NO.
398, JONES. AN ACT TO AMEND THE ENVIRONMENTAL CONSERVATION LAW, IN
RELATION TO AQUATIC INVASIVE SPECIES INSPECTION STATIONS AND SPREAD
PREVENTION EFFORTS.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
JONES, 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
14
NYS ASSEMBLY FEBRUARY 14, 2022
THE VOTE ON SENATE PRINT 7827. 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. A08756, CALENDAR NO.
399, WOERNER, VANEL. AN ACT TO AMEND THE PUBLIC SERVICE LAW, IN
RELATION TO REQUIRING THE PUBLIC SERVICE COMMISSION TO INITIATE A
PROCEEDING TO EXAMINE A PROCESS FOR STREAMLINING ACTIONS RELATED TO
UTILITY POLE ATTACHMENTS.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
WOERNER, 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 7689. 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. A08757, CALENDAR NO.
15
NYS ASSEMBLY FEBRUARY 14, 2022
400, WOERNER. AN ACT TO AMEND THE STATE FINANCE LAW, THE MENTAL
HYGIENE LAW AND THE EXECUTIVE LAW, IN RELATION TO ESTABLISHING AN
OPIOID SETTLEMENT FUND.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
WOERNER, 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 7870. 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.
WITHOUT OBJECTION, ON A MOTION BY MS. LUNSFORD TO
RECONSIDER THE SUBSTITUTION OF SENATE BILL NO. 7882 FOR ASSEMBLY BILL
NO. 8852, SAID SENATE BILL IS RECOMMITTED TO THE COMMITTEE ON
JUDICIARY, AND SAID ASSEMBLY BILL IS RESTORED TO ITS PLACE ON THE ORDER
OF THIRD READING.
THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A08828, CALENDAR NO.
401, CAHILL. AN ACT TO AMEND THE INSURANCE LAW, THE GENERAL
BUSINESS LAW AND THE TAX LAW IN RELATION TO PEER-TO-PEER CAR SHARING;
TO AMEND A CHAPTER OF THE LAWS OF 2021 AMENDING THE INSURANCE LAW,
16
NYS ASSEMBLY FEBRUARY 14, 2022
THE GENERAL BUSINESS LAW, THE TAX LAW AND THE VEHICLE AND TRAFFIC
LAW RELATING TO ENACTING THE PEER-TO-PEER CAR SHARING PROGRAM ACT, AS
PROPOSED IN LEGISLATIVE BILLS NUMBERS S. 6715 AND A. 2349-A, IN
RELATION TO THE EFFECTIVENESS THEREOF; AND TO REPEAL CERTAIN PROVISIONS OF
SUCH LAWS RELATING THERETO.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
CAHILL, 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 7838. 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. A08833, CALENDAR NO.
402, GOTTFRIED, SAYEGH. AN ACT TO AMEND THE PUBLIC HEALTH LAW AND
THE EDUCATION LAW, IN RELATION TO EXPENSES FOR POTABLE WATER TESTING.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
GOTTFRIED, 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
17
NYS ASSEMBLY FEBRUARY 14, 2022
THE PRINT [SIC] ON SENATE PRINT 7840. 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. A08838, CALENDAR NO.
403, GOTTFRIED, SAYEGH. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN
RELATION TO PHARMACY BENEFIT MANAGERS; TO AMEND THE INSURANCE LAW,
IN RELATION TO REGISTRATION AND LICENSING OF PHARMACY BENEFIT MANAGERS;
TO AMEND THE STATE FINANCE LAW, IN RELATION TO ESTABLISHING THE
PHARMACY BENEFIT MANAGER REGULATORY FUND; AND TO AMEND A CHAPTER
OF THE LAWS OF 2021 AMENDING THE PUBLIC HEALTH LAW RELATING TO
PHARMACY BENEFIT MANAGERS; AMENDING THE INSURANCE LAW RELATING TO
REGISTRATION AND LICENSING OF PHARMACY BENEFIT MANAGERS; AND
REPEALING CERTAIN PROVISIONS OF THE PUBLIC HEALTH LAW RELATING THERETO,
AS PROPOSED IN LEGISLATIVE BILLS NUMBERS S. 3762 AND A. 1396, IN
RELATION TO THE EFFECTIVENESS THEREOF.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
GOTTFRIED, 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
18
NYS ASSEMBLY FEBRUARY 14, 2022
THE VOTE ON SENATE PRINT 7837. 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. A08844, CALENDAR NO.
404, SIMON. AN ACT TO AMEND THE TAX LAW, IN RELATION TO TAXPAYER
GIFTS FOR FIREARMS VIOLENCE RESEARCH; AND TO REPEAL SECTION 86 OF THE
STATE FINANCE LAW RELATING TO THE GUN VIOLENCE RESEARCH FUND.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
SIMON, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED AND THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A08846, CALENDAR NO.
405, SIMON. AN ACT TO AMEND THE EDUCATION LAW AND THE STATE
FINANCE LAW, IN RELATION TO THE NEW YORK STATE FIREARM VIOLENCE
RESEARCH INSTITUTE, AND TO AMEND A CHAPTER OF THE LAWS OF 2021
AMENDING THE EDUCATION LAW AND THE STATE FINANCE LAW RELATING TO
CREATING A FIREARM VIOLENCE RESEARCH INSTITUTE, AS PROPOSED IN
LEGISLATIVE BILLS NUMBERS S. 2981 AND A. 7302, IN RELATION TO THE
EFFECTIVENESS THEREOF.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
SIMON, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. THE BILL IS LAID ASIDE.
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NYS ASSEMBLY FEBRUARY 14, 2022
THE CLERK: ASSEMBLY NO. A08848, CALENDAR NO.
406, CRUZ. AN ACT TO AMEND THE REAL PROPERTY LAW, IN RELATION TO
INCREASING REQUIRED TRAINING FOR REAL ESTATE BROKERS AND REAL ESTATE
SALESPEOPLE TO PREVENT DISCRIMINATION; AND TO AMEND A CHAPTER OF THE
LAWS OF 2021 AMENDING THE REAL PROPERTY LAW RELATING TO INCREASING
REQUIRED TRAINING FOR REAL ESTATE BROKERS AND REAL ESTATE SALESPEOPLE TO
PREVENT DISCRIMINATION, AS PROPOSED IN LEGISLATIVE BILLS NUMBERS A.
5359 AND S. 2132-B, RELATING TO THE EFFECTIVENESS THEREOF.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
CRUZ, 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 7730. 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. A08849, CALENDAR NO.
407, ZINERMAN. AN ACT TO AMEND THE REAL PROPERTY ACTIONS AND
PROCEEDINGS LAW, IN RELATION TO REQUIRING A PLAINTIFF IN A MORTGAGE
FORECLOSURE ACTION TO MAINTAIN THE SUBJECT PROPERTY.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
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NYS ASSEMBLY FEBRUARY 14, 2022
ZINERMAN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A08856, CALENDAR NO.
408, SOLAGES. AN ACT TO AMEND A CHAPTER OF THE LAWS OF 2021
AUTHORIZING THE ASSESSOR OF THE TOWN OF HEMPSTEAD, COUNTY OF
NASSAU, TO ACCEPT FROM MERCY MEDICAL CENTER AN APPLICATION FOR
EXEMPTION FROM REAL PROPERTY TAXES, AS PROPOSED IN LEGISLATIVE BILLS
NUMBERS S. 1208-A AND A. 7738-A, IN RELATION TO MAKING TECHNICAL
CORRECTIONS THERETO.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
SOLAGES, 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 7709. 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. A09021, CALENDAR NO.
409, MONTESANO. AN ACT TO AMEND A CHAPTER OF THE LAWS OF 2021
RELATING TO AUTHORIZING THE TOWN OF OYSTER BAY TO GRANT SAI MANDIR
USA A REAL PROPERTY TAX EXEMPTION, AS PROPOSED IN LEGISLATIVE BILLS
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NYS ASSEMBLY FEBRUARY 14, 2022
NUMBERS S. 7110-A AND A. 7908-A, IN RELATION TO MAKING THE
EXEMPTION CONTINGENT UPON THE APPROVAL OF THE LEGISLATURE OF THE
COUNTY OF NASSAU.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
MONTESANO, 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 7828. 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. A09025, CALENDAR NO.
410, BRONSON. AN ACT TO AMEND CHAPTER 60 OF THE LAWS OF 2021,
AMENDING THE EDUCATION LAW RELATING TO ABSENTEE BALLOTS FOR SCHOOL
DISTRICT ELECTIONS DURING A DECLARED DISASTER EMERGENCY, IN RELATION TO
THE EFFECTIVENESS THEREOF.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
BRONSON, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED AND THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A09026, CALENDAR NO.
411, MCDONALD. AN ACT TO AMEND THE TAX LAW, IN RELATION TO TERMINAL
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NYS ASSEMBLY FEBRUARY 14, 2022
RENTAL ADJUSTMENT CLAUSES IN MOTOR VEHICLE LEASES; AND TO AMEND A
CHAPTER OF THE LAWS OF 2021 AMENDING THE TAX LAW RELATING TO
TERMINAL RENTAL ADJUSTMENT CLAUSES IN MOTOR VEHICLE LEASES, AS
PROPOSED IN LEGISLATIVE BILLS NUMBERS S. 3926 AND A. 5401, IN RELATION
TO THE EFFECTIVENESS THEREOF.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
MCDONALD, 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 7721. 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 MEEKS: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A09036, CALENDAR NO.
412, GONZÁLEZ-ROJAS. AN ACT TO AMEND THE PUBLIC AUTHORITIES LAW, IN
RELATION TO REQUIRING THE METROPOLITAN TRANSPORTATION AUTHORITY TO
DEVELOP A STRATEGIC ACTION PLAN TO IMPROVE BICYCLE AND PEDESTRIAN
ACCESS AT ITS BRIDGES AND PASSENGER STATIONS; AND TO AMEND A CHAPTER OF
THE LAWS OF 2021 AMENDING THE PUBLIC AUTHORITIES LAW RELATING TO
REQUIRING THE METROPOLITAN TRANSPORTATION AUTHORITY TO DEVELOP A
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NYS ASSEMBLY FEBRUARY 14, 2022
STRATEGIC ACTION PLAN TO IMPROVE BICYCLE AND PEDESTRIAN ACCESS AT ITS
BRIDGES AND PASSENGER STATIONS, AS PROPOSED IN LEGISLATIVE BILLS
NUMBERS S. 4943-B AND A. 6235-B, IN RELATION TO REQUIRING THE
METROPOLITAN TRANSPORTATION AUTHORITY TO DEVELOP A STRATEGIC ACTION
PLAN TO IMPROVE BICYCLE AND PEDESTRIAN ACCESS AT ITS BRIDGES AND
PASSENGER STATIONS.
ACTING SPEAKER MEEKS: ON A MOTION BY MS.
GONZÁLEZ-ROJAS, 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 MEEKS: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 7824. 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. A09146, CALENDAR NO.
413, OTIS. AN ACT TO AMEND CHAPTER 618 OF THE LAWS OF 1998,
AMENDING THE GENERAL MUNICIPAL LAW AND THE EDUCATION LAW RELATING
TO DISPOSAL OF SURPLUS COMPUTER EQUIPMENT BY POLITICAL SUBDIVISIONS, IN
RELATION TO THE EFFECTIVENESS THEREOF.
ACTING SPEAKER MEEKS: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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NYS ASSEMBLY FEBRUARY 14, 2022
ACTING SPEAKER MEEKS: THE CLERK WILL RECORD
THE VOTE ON BILL NO. A9146. 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. A09161, CALENDAR NO.
414, MAGNARELLI. AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW, IN
RELATION TO MAKING TECHNICAL CORRECTIONS TO SUCH LAW.
ACTING SPEAKER MEEKS: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A09169, CALENDAR NO.
415, PAULIN, OTIS. AN ACT TO AMEND CHAPTER 802 OF THE LAWS OF 1947,
RELATING TO FACILITATING THE FINANCING AND EFFECTUATION OF AIR TERMINALS
BY THE PORT OF NEW YORK AUTHORITY, IN RELATION TO INFORMATION
CONCERNING SERVICES FOR HUMAN TRAFFICKING VICTIMS IN PORT AUTHORITY
AIRPORTS.
ACTING SPEAKER MEEKS: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER MEEKS: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY BILL NO. 9169. 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.
25
NYS ASSEMBLY FEBRUARY 14, 2022
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
WE ARE NOW ON CALENDAR A, PAGE 3, RULES REPORT NO.
60, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A09280, RULES REPORT
NO. 60, WALKER. AN ACT TO AMEND THE ELECTION LAW, IN RELATION TO
PROVIDING THAT IN 2022, THE STATEMENT OF PARTY POSITIONS TO BE FILLED AT
PRIMARY ELECTION SHALL BE FILED BY FEBRUARY 28, 2022; AND PROVIDING FOR
THE REPEAL UPON THE EXPIRATION THEREOF.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
WALKER, 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 8308. 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.
ON THE MAIN CALENDAR, PAGE 56, CALENDAR NO. 315,
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NYS ASSEMBLY FEBRUARY 14, 2022
THE CLERK WILL READ.
THE CLERK: SENATE BILL NO. S07761, CALENDAR NO.
315, SENATOR SAVINO (BRONSON--A08702). AN ACT TO AMEND THE SOCIAL
SERVICES LAW, IN RELATION TO MAKING CARE AND SERVICES PROVIDED BY
LICENSED MENTAL HEALTH COUNSELORS AND MARRIAGE AND FAMILY THERAPISTS
ELIGIBLE FOR COVERAGE UNDER THE MEDICAID PROGRAM.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 7761. THIS IS A PARTY VOTE. ANY MEMBER WHO
WISHES TO BE RECORDED AS AN EXCEPTION TO THE 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 WILL BE GENERALLY OPPOSED TO THIS LEGISLATION FOR THE
REASONS I HOPE TO EXPLAIN IN A MOMENT.
ACTING SPEAKER AUBRY: SO NOTED.
MR. GOODELL: THOSE WHO WISH TO SUPPORT IT
SHOULD CERTAINLY CALL THE MINORITY LEADER SO WE CAN RECORD THEIR VOTE.
THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
MS. LUPARDO.
MS. LUPARDO: THANK YOU, MR. SPEAKER. I WOULD
27
NYS ASSEMBLY FEBRUARY 14, 2022
LIKE TO REMIND MY COLLEAGUES THAT THIS IS A PARTY VOTE. MAJORITY
MEMBERS WILL BE RECORDED IN THE AFFIRMATIVE. IF THERE ARE ANY
EXCEPTIONS, I ASK MAJORITY MEMBERS TO CONTACT THE MAJORITY LEADER'S
OFFICE AT THE NUMBER PREVIOUSLY PROVIDED. I WILL THEN ANNOUNCE YOUR
NAME ACCORDINGLY.
ACTING SPEAKER AUBRY: THANK YOU, SO NOTED.
MR. GOODELL TO EXPLAIN HIS VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL: THANK YOU, SIR. THIS IS A CHAPTER
AMENDMENT THAT ADDRESSED ADDITIONAL SERVICES THAT WOULD BE REQUIRED
TO BE COVERED BY MEDICAID. LAST YEAR, THE ORIGINAL BILL REQUIRED
MEDICAID COVERAGE TO INCLUDE MARRIAGE COUNSELING, FAMILY THERAPISTS,
CREATIVE ART THERAPISTS OR PSYCHOANALYSTS. AND THE CHAPTER AMENDMENT
NARROWS THAT SOMEWHAT AND PROVIDES THAT MEDICAID WILL PROVIDE
SERVICES OR MENTAL HEALTH COUNSELORS AND MARRIAGE AND FAMILY
THERAPISTS. EVERY YEAR, WE LOOK AT THE COST OF THE MEDICAID PROGRAM
AND ONCE AGAIN THIS YEAR, THE COST IS GOING UP BY A SUBSTANTIAL AMOUNT.
IT IS, I BELIEVE, THE SECOND OR THIRD -- I THINK IT'S THE SECOND HIGHEST
CATEGORY OF ALL EXPENSES INCURRED BY STATE GOVERNMENT. AND OF
COURSE, ALL THOSE EXPENSES ARE BORNE BY THE TAXPAYERS BOTH ON THE STATE
LEVEL AND ON THE COUNTY LEVEL. AND WHILE I HAVE NO DOUBT THAT ALL OF
THESE SERVICES, INCLUDING MARRIAGE COUNSELING AND FAMILY COUNSELING,
ARE VALUABLE, I WOULD NOTE THAT MOST PRIVATE INSURANCE DOESN'T COVER IT
AND, IN FACT, OUR OWN INSURANCE HERE IN THE STATE FOR US AS LEGISLATORS
AND AS EMPLOYEES DOES NOT COVER MARRIAGE AND FAMILY THERAPISTS.
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NYS ASSEMBLY FEBRUARY 14, 2022
IN ADDITION TO THE HUGE COST TO ALL THE TAXPAYERS, WE
HAVE A UNIQUE SITUATION WHERE WE'RE ASKING THE TAXPAYERS TO FUND
HEALTH CARE COVERAGE THAT THEY DON'T GET IN THEIR OWN PROGRAM, IN THEIR
INSURANCE. AND IN ADDITION TO BEING FUNDAMENTALLY UNFAIR TO THE
TAXPAYERS, WE CREATE A SITUATION WHERE ANYONE WHO IS ON MEDICAID, IF
THEY'RE OFFERED A JOB, LOSE SERVICES BECAUSE THEIR PRIVATE SECTOR
INSURANCE DOESN'T COVER IT. SO BECAUSE OF THE COST, THE FACT IT'S NOT
COVERED IN PRIVATE INSURANCE, AND THE FUNDAMENTAL FAIRNESS OF TRYING TO
BALANCE THOSE COMPETING INTERESTS, I RECOMMEND AGAINST IT TO MY
COLLEAGUES. THANK YOU, SIR.
ACTING SPEAKER AUBRY: MR. GOODELL IN THE
NEGATIVE.
MR. BRONSON TO EXPLAIN HIS VOTE.
MR. BRONSON: YES, MR. SPEAKER. FIRST OF ALL, THIS
BILL IS ABOUT ACCESS TO MENTAL HEALTH AND BEHAVIORAL HEALTH SERVICES SO
THAT OUR FAMILIES AND OUR CHILDREN ARE ABLE TO DEAL WITH THE MANY
ASPECTS OF THIS VERY TRYING TIME DURING COVID. IT'S INACCURATE TO
SUGGEST THAT COMMERCIAL INSURANCE CARRIERS DO NOT COVER THESE TYPES OF
SERVICES; INDEED, SEVERAL HAVE BEEN SUED BY THE ATTORNEY GENERAL'S
OFFICE AND THROUGH THEIR SETTLEMENTS HAVE AGREED TO INCLUDE PROVISIONS
THAT WOULD INCLUDE COVERAGE FOR THERAPY AND COUNSELING THROUGH THOSE
PROFESSIONS LICENSED UNDER ARTICLE 163 OF THE EDUCATION LAW.
SO INSTEAD OF SUGGESTING THAT OUR FAMILIES AREN'T
RECEIVING THIS UNDER COMMERCIAL CARRIERS, THE REAL ANALYSIS IS IF YOU ARE
WEALTHY ENOUGH TO SELF-PAY FOR MENTAL HEALTH SERVICES OR YOU HAVE IT
29
NYS ASSEMBLY FEBRUARY 14, 2022
COVERED ON YOUR COMMERCIAL INSURANCE COVERAGE, THEN YOU GET ACCESS
TO MENTAL HEALTH. BUT IF YOU'RE POOR AND YOU'RE ON MEDICAID, WITHOUT
THIS PROVISION YOU DON'T HAVE ACCESS TO MENTAL HEALTH SERVICES. AND, IN
FACT -- AND, IN FACT, ROUGHLY 50 PERCENT OF THE STATE'S -- OF THE COUNTIES,
RATHER, IN NEW YORK STATE DO NOT HAVE ONE SINGLE MENTAL HEALTH
PROVIDER WHO ACCEPTS MEDICAID, NOT ONE. THIS BILL WILL ALLOW
PROFESSIONS WHO DO DESIRE TO ACCEPT MEDICAID AS A REIMBURSABLE
EXPENSE FOR THEIR SERVICES WILL BE ABLE TO FILL THAT GAP, PREDOMINANTLY
IN UPSTATE NEW YORK. THANK YOU.
ACTING SPEAKER AUBRY: MR. BRONSON IN THE
AFFIRMATIVE.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD MY
COLLEAGUE, MR. ASHBY, IN THE AFFIRMATIVE ON THIS BILL. THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED, THANK YOU.
READ THE LAST SECTION.
ARE -- ARE THERE ANY OTHER VOTES? EXCUSE ME.
ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 56, CALENDAR NO. 324, THE CLERK WILL READ.
THE CLERK: SENATE NO. S07696, CALENDAR NO.
324, SENATOR BROUK (PAULIN, SAYEGH--A08733). AN ACT TO AMEND THE
PUBLIC HEALTH LAW AND THE ENVIRONMENTAL CONSERVATION LAW, IN
RELATION TO PESTICIDE USE PROHIBITED AT CERTAIN CHILDREN'S CAMPS.
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NYS ASSEMBLY FEBRUARY 14, 2022
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MS. PAULIN.
MS. PAULIN: SURE. THIS IS A CHAPTER AMENDMENT TO
CHAPTER 783 OF 2021 WHICH PROHIBITED THE APPLICATION OF PESTICIDES TO
ANY PLAYGROUND, ATHLETIC OR PLAYING FIELD AT A CHILDREN'S OVERNIGHT OR
DAY CAMP AT THE REQUEST OF THE DEPARTMENT OF HEALTH AND THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION.
ACTING SPEAKER AUBRY: MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD?
ACTING SPEAKER AUBRY: MS. PAULIN, WILL YOU
YIELD?
MS. PAULIN: I WOULD BE HAPPY TO.
ACTING SPEAKER AUBRY: MS. PAULIN YIELDS.
MS. WALSH: THANK YOU SO MUCH. I REMEMBER
WHEN WE DEBATED THIS LAST YEAR, THERE WERE -- YOU WENT THROUGH -- WE
WENT THROUGH THE BILL PRETTY -- PRETTY CAREFULLY, SO I JUST WANT TO TOUCH
ON A FEW THINGS THAT THE CHAPTER AMENDMENT HAS CHANGED. I GUESS MY
FIRST QUESTION, JUST BROAD PICTURE, IS WITH THIS CHAPTER AMENDMENT AND
THE UNDERLYING CHAPTER, MAY ANY PESTICIDES BE USED NOW AT -- IN A
CAMP SETTING ANYMORE?
MS. PAULIN: YES, THEY WOULD BE ALLOWED. THE --
THE -- IT'S GOING TO BE IDENTICAL TO WHAT WE DO AT SCHOOLS WHICH IS WHAT
PROMPTED SOME OF THE CHANGES IN THE BILL. AND WHAT WOULD HAPPEN IS
IF THERE WAS A PROBLEM, YOU KNOW, A PEST THAT THEY WANTED TO USE ANY
31
NYS ASSEMBLY FEBRUARY 14, 2022
KIND OF PESTICIDE ON IT WOULD REQUIRE GOING TO EITHER THE LOCAL HEALTH
DEPARTMENT OR THE STATE HEALTH DEPARTMENT, DEPENDING ON THE
JURISDICTION OF THE CAMP, AND THEN THEY WOULD HAVE TO GET APPROVAL
THROUGH THAT METHOD.
MS. WALSH: AND UNDER THIS -- THIS CHAPTER
AMENDMENT, IS THERE ANY LONGER ANY TIME FRAME FOR GETTING A RESPONSE
FROM THAT LOCAL OR COUNTY AGENCY TO APPLY PESTICIDES?
MS. PAULIN: I THINK YOU'RE REFERRING TO THE CHANGE
THAT WE MADE IN THE BILL WHICH WOULD HAVE ALLOWED FOR ONE APPLICATION
WITHIN 24 HOURS IF THEY DIDN'T GET A PROMPT RESPONSE, AND THAT WAS
TAKEN OUT OF THE BILL TO MAKE IT CLOSE -- MORE CLOSELY ALIGNED OR
IDENTICALLY ALIGNED WITH THE SCHOOLS WHICH IS WORKING FINE, AND THE
CAMPS DID NOT OBJECT. THEY HAVE A GOOD RELATIONSHIP WITH THE
RESPECTIVE HEALTH DEPARTMENTS; IN FACT, A BETTER ONE THAN THE SCHOOLS
WHO DON'T HAVE A DIRECT RELATIONSHIP. THE -- IN THE CASE OF CAMPS, THE
DEPARTMENT OF HEALTH ACTUALLY REGULATES THOSE CAMPS AND HAS A MUCH
CLOSER RELATIONSHIP. SO THE -- THEY DIDN'T OBJECT AND THIS WAY WE HAVE
LESS PESTICIDES APPLIED TO AREAS WHERE THERE ARE CHILDREN, SO WE WENT
ALONG.
MS. WALSH: SO I THINK THAT THEY'RE ACTUALLY -- I HAD
TWO QUESTIONS AND I THINK YOU JUST KIND OF ANSWERED ONE OF THEM. SO
DURING OUR DEBATE LAST YEAR, YOU DID MENTION THAT YOU PUT IN THE BILL
AFTER TALKING TO THE CAMPS, WORKING VERY COOPERATIVELY WITH THE CAMPS
IN DEVELOPING THE BILL AND HAVING NO OPPOSITION FROM THEM, THE PART
ABOUT THE EMERGENCY APPLICATIONS. SO THEY COULD -- THIS CHAPTER
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NYS ASSEMBLY FEBRUARY 14, 2022
AMENDMENT TAKES THAT OUT SO I THANKED YOU AT THE TIME FOR MAKING THAT
COOPERATIVE, COLLABORATIVE CHANGE TO THE BILL AND THEN THE GOVERNOR
WANTED IT BACK OUT AGAIN.
MS. PAULIN: WHEN -- WHEN IT WAS FIRST PROPOSED, I
THOUGHT, OKAY, I'M GOING TO HAVE TO FIGHT THIS BECAUSE I DID HAVE THAT
RELATIONSHIP WITH THE CAMPS, AND WENT TO THE CAMPS AND SAID, DO YOU
WANT ME TO FIGHT THIS, AND THEY SAID, NO, WE'RE FINE WITH IT NOW. SO
THAT'S WHY WE WENT ALONG; I DID NOT OBJECT BECAUSE THEY DID NOT OBJECT.
MS. WALSH: OKAY. SO THE OTHER -- I GUESS THE
OTHER PART OF THE QUESTION ON TIMING THEN IS WITH THE -- WITH THIS
CHAPTER AMENDMENT TAKING OUT THE SINGLE EMERGENCY APPLICATION OF
PESTICIDE IF THEY DON'T GET A RESPONSE WITHIN 24 HOURS, THAT LANGUAGE
NOW IS TAKEN OUT. SO IF THERE IS A NEED TO APPLY A PESTICIDE, THEN YOU
SAID THAT THEY'LL MAKE APPLICATION TO THE LOCAL AGENCY, WHOEVER THAT
MIGHT BE, AND -- BUT THEN DOES THAT LOCAL AGENCY HAVE ANY TIME LIMIT OR
TIME -- OR TIME FRAME FOR GIVING A RESPONSE? BECAUSE I WOULD IMAGINE
THAT IF THERE IS A PEST, YOU WANT TO GET RID OF IT ASAP, YOU KNOW, SO
THAT THE CAMPERS AREN'T POTENTIALLY HARMED BY IT.
MS. PAULIN: WELL, I KNOW THAT IT'S BEEN WORKING IN
THE SCHOOLS, YOU KNOW, WITH THE SAME KIND OF LANGUAGE THAT DOESN'T
REQUIRE A CERTAIN TIME FRAME. SO -- SO IF THERE'S A PROBLEM WITH CAMPS
THAT'S DIFFERENT THAN THE SCHOOLS, YOU KNOW, WE WILL OBVIOUSLY HAVE TO
ADDRESS IT, BUT THERE SEEMS TO HAVE BEEN NO PROBLEM WITH THE SCHOOLS
CONTACTING THE HEALTH DEPARTMENT AND GETTING A PROMPT RESPONSE AND
THEY HAVE CHILDREN ON THOSE PLAYGROUNDS EVERY DAY DURING THE SCHOOL
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NYS ASSEMBLY FEBRUARY 14, 2022
YEAR, SO -- INCLUDING WARM MONTHS AND FALL MONTHS THAT ARE WARM
WHERE THERE COULD BE PUDDLES OR WHATEVER LEADING TO MOSQUITOS,
LEADING TO ALL KINDS OF DISEASES.
MS. WALSH: MM-HMM.
MS. PAULIN: SO I THINK IF IT'S WORKING FOR THE
SCHOOLS, THE THOUGHT FROM DEC AND DOH AND THE CAMPS WAS LET'S GIVE
IT A TRY LIKE THIS SO THAT WE DON'T HAVE UNNECESSARY PESTICIDES ON THESE
-- ON THESE PROPERTIES.
MS. WALSH: OKAY. NOW, I ALSO NOTICED THAT THE
CHAPTER AMENDMENT REMOVED THE COMMISSIONER OF HEALTH'S ABILITY TO
GRANT EXEMPTIONS. THEY'RE JUST COMPLETELY TAKEN OUT OF IT THEN; IS THAT
CORRECT?
MS. PAULIN: BECAUSE WE DID IT THE WAY THEY DO IT
FOR SCHOOLS AND THE TWO AGENCIES WORK COLLABORATIVELY TO GET THAT
LANGUAGE TO WORK FOR THEM.
MS. WALSH: OKAY. SO THE IDEA WAS TO BRING IT
DOWN TO A MORE LOCAL LEVEL FOR THE APPROVAL OR THE DENIAL AS THE CASE
MAY BE?
MS. PAULIN: WELL, I THINK -- I THINK THERE ARE SOME
AREAS -- I MEAN YOU MIGHT KNOW BETTER THAN I FROM UPSTATE THAT DOES
RELY ON THE STATE HEALTH DEPARTMENT. SO IN THAT CASE, THEY ARE THE
LOCAL DEPARTMENT. YOU KNOW, DOWN WHERE WE ARE, WE HAVE LOCAL
COMMISSIONERS FOR THE MOST PART.
MS. WALSH: YEAH, RIGHT. SO I KNOW THAT LIKE WHEN
I WAS ON MY TOWN BOARD, WE ALSO SAT AS A -- AS A BOARD OF HEALTH TO
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NYS ASSEMBLY FEBRUARY 14, 2022
DETERMINE, FOR EXAMPLE, LIKE FAILING SEPTIC SYSTEMS OR THINGS LIKE THAT.
SO I DON'T KNOW WHETHER AN APPLICATION WOULD -- IF WE HAD A CAMP
WITHIN OUR, YOU KNOW, OUR TOWN, I DON'T KNOW IF THAT WOULD --
APPLICATION OR REQUEST WOULD COME TO US AS MEMBERS OF THE TOWN
BOARD SITTING AS A BOARD OF HEALTH OR -- OR WHAT.
MS. PAULIN: I THINK IT WOULD WORK THE SAME FOR
ANY LOCAL COMMUNITY WHERE YOU HAVE -- WHERE YOU ALREADY DEAL,
BECAUSE EVERYBODY HAS SCHOOLS IN THEIR DISTRICT SO WHATEVER WHICH WAY
IT'S WORKING FOR SCHOOLS, NOW IT WOULD WORK FOR CAMPS THE SAME EXACT
-- THE SAME WAY.
MS. WALSH: ALL RIGHT, VERY GOOD. THANK YOU SO
MUCH.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MS.
WALSH.
MS. WALSH: SO EVEN THOUGH I DIDN'T SUPPORT THE --
THE BILL LAST YEAR, I HAVE -- I HAVE MORE CONCERNS ABOUT IT NOW ACTUALLY
AFTER THE CHAPTER AMENDMENT. I JUST FEEL THAT THERE ARE A COUPLE OF -- I
CAN UNDERSTAND THE DESIRE OF THE SPONSOR AND THE GOVERNOR AND HER
OFFICE TO TRY TO REMAIN CONSISTENT ACROSS SCHOOLS AND DAY CARE CENTERS
AND NOW SCHOOL CAMPS -- OR NOT SCHOOL CAMPS, SUMMER CAMPS, BUT I
THINK THAT -- I THINK THAT THERE'S ANOTHER WAY THAT THIS COULD HAVE BEEN
HANDLED AND I THINK THAT IN A WAY, SUMMER CAMPS ARE DIFFERENT THAN --
THAN DAY CARE CENTERS AND SCHOOLS AND COULD HAVE BEEN TREATED
DIFFERENTLY.
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NYS ASSEMBLY FEBRUARY 14, 2022
WE SPOKE LAST YEAR WHEN WE WERE ON DEBATE ABOUT
THE IDEA OF AN INTEGRATED PEST MANAGEMENT PLAN AS BEING, PERHAPS, A
BETTER SOLUTION TO DEALING WITH THIS ISSUE AND IT COULD BE PREFERABLE, THE
USE OF A PRE-EMERGENT HERBICIDE, TOO, COULD BE USED. YOU KNOW, WHEN
WE'VE GOT THINGS LIKE MOSQUITOES AND TICKS, WE KNOW WE'RE HAVING
MORE EXTREME, YOU KNOW, WEATHER EVENTS WHERE WE'RE GETTING
POSSIBLY, YOU KNOW, HEAVY RAINFALLS THAT COULD ENCOURAGE -- ENCOURAGE
THESE TYPES OF PESTS AND WE WANT TO PROTECT OUR KIDS, OF COURSE, FROM --
FROM HARMFUL TICKS AND MOSQUITOES THAT COULD CONTRIBUTE TO ZIKA OR
WEST NILE VIRUS OR LYME DISEASE. I DO UNDERSTAND AND RESPECT THE
FACT THAT IT'S A BALANCING ACT, WE WANT TO PROTECT OUR KIDS FROM TOO
MANY PESTICIDES THAT COULD PROVIDE -- BE HARMFUL TO -- TO KIDS.
BUT I DO THINK THAT, YOU KNOW, LAST YEAR WHEN WE
VOTED ON THIS BILL WE DID HAVE 35 NO VOTES, AND I WOULD CONTINUE TO
RECOMMEND MY COLLEAGUES TO VOTE IN THE NEGATIVE ON THIS CHAPTER
AMENDMENT BECAUSE I THINK BY REMOVING THAT PROVISION THAT ALLOWED A
CAMP TO APPLY A SINGLE EMERGENCY APPLICATION IF THEY DIDN'T GET A
TIMELY RESPONSE FROM THE AGENCY THAT WAS GOING TO BE GIVING
PERMISSION OR NOT, I THINK BY TAKING THAT AWAY WE'RE ELIMINATING, EVEN
THOUGH MAYBE THE -- THE CAMPS AREN'T COMPLAINING ABOUT IT, PER SE, BUT
I THINK THAT THAT'S A PROVISION THAT I ACTUALLY LIKED IN THE ORIGINAL BILL
THAT'S BEEN TAKEN OUT. AND I JUST THINK THAT THERE'S ANOTHER WAY TO
HANDLE THIS AND I THINK THE CHAPTER AMENDMENT DOESN'T IMPROVE THE
BILL, IN MY -- IN MY OPINION, AND FOR THAT REASON I WOULD ENCOURAGE MY
COLLEAGUES TO VOTE IN THE NEGATIVE. THANK YOU, MR. SPEAKER.
36
NYS ASSEMBLY FEBRUARY 14, 2022
ACTING SPEAKER AUBRY: THANK YOU, MS.
WALSH.
MR. MANKTELOW.
MR. MANKTELOW: THANK YOU, MR. SPEAKER.
WOULD THE SPONSOR YIELD, PLEASE?
ACTING SPEAKER AUBRY: MS. PAULIN, WILL YOU
YIELD?
MS. PAULIN: YES, I'D BE HAPPY TO.
ACTING SPEAKER AUBRY: MS. PAULIN YIELDS.
MR. MANKTELOW: THANK YOU, MS. PAULIN. YOU
SAID EARLIER THAT DEC SAYS LET'S GIVE IT A TRY?
MS. PAULIN: I'M SORRY?
MR. MANKTELOW: YOU SAID EARLIER IN THE
PREVIOUS -- I'M SORRY, THE PREVIOUS DEBATE, THE PREVIOUS SPEAKER, I'M
SORRY, DEC SAYS LET'S GIVE IT A TRY?
MS. PAULIN: NO, I DON'T KNOW THAT I USED THOSE
WORDS. I SAID THAT THE CAMPS INDICATED NO OPPOSITION TO MAKING THE
CHANGES THAT DEC AND THE DEPARTMENT OF HEALTH RECOMMENDED
THINKING THAT THEIR RELATIONSHIP WAS A GOOD ONE AND THAT THEY WOULD GET
THE KIND OF RESPONSE THEY NEEDED TO ADDRESS THE PESTICIDE ISSUES.
MR. MANKTELOW: OKAY. MAYBE I
MISUNDERSTOOD, I WILL CHECK -- I WILL CHECK THE -- THE TRANSCRIPTS LATER
ON. YOU HAD ALSO TALKED ABOUT IT'S WORKING WELL FOR THE SCHOOLS
THROUGHOUT NEW YORK STATE. HAS THERE BEEN ANY ISSUES WITH OTHER
SCHOOLS THAT YOU KNOW OF?
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NYS ASSEMBLY FEBRUARY 14, 2022
MS. PAULIN: I HAVEN'T HEARD. ALL THROUGH THE TIME
THAT I WAS CARRYING THIS BILL, WHICH WAS FOR A GOOD AMOUNT OF TIME, I
HAD -- AND REPRESENTING SCHOOLS AND HEARING FROM MY COLLEAGUES, I
HAVE NEVER HEARD OF A COMPLAINT OR A PROBLEM. ALSO, WE WORKED VERY
CLOSELY WITH THE HEALTH DEPARTMENTS AND THEY DIDN'T REPORT ANY
PROBLEM WITH THE SCHOOLS.
MR. MANKTELOW: OKAY. ANOTHER QUESTION I
HAVE IN REGARDS TO DAY CAMPS, IF A DAY CAMP DECIDES TO VISIT ANOTHER
PIECE OF PROPERTY AS PART OF THEIR DAILY ROUTINE, IT'S NOT ACTUALLY OWNED
BY THE DAY CAMP BUT OWNED BY A PRIVATE INDIVIDUAL, WHAT TAKES PLACE
IN THAT SITUATION?
MS. PAULIN: I THINK IF IT WAS A USE THAT WAS
PRIMARILY FOR THE CAMP, IN OTHER WORDS, A BALL FIELD THAT MIGHT BE A
DISTANCE AWAY THAT THEY TRAVEL TO, THEN IT WOULD BE PROBABLY CONSIDERED
PART OF THE CAMP. I -- I -- I DON'T KNOW THAT FOR 100 PERCENT, BUT I THINK
THE WAY THE LANGUAGE WORKS IF IT'S USED BY THE CAMP THEN, YES; IF IT'S AN
-- YOU KNOW, THEY'RE VISITING A -- A FARM, YOU KNOW, OR A, YOU KNOW,
ANY -- OR A MUSEUM THAT HAD GRASS, THEN IT PROBABLY -- THEN IT WOULD NOT
BE APPROPRIATE.
MR. MANKTELOW: IT WOULDN'T BE APPROPRIATE TO
APPLY THE PESTICIDE, OR IT --
MS. PAULIN: RIGHT. I MEAN, IT'S A CAMP, IT'S FOR THE
CAMP, IT'S FOR THE KIDS ON THE CAMP. IT'S NOT FOR EVERY TIME YOU VISIT
SOMEWHERE. JUST LIKE A SCHOOL, IT'S SIMILAR TO THE WAY A SCHOOL WOULD
WORK.
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NYS ASSEMBLY FEBRUARY 14, 2022
MR. MANKTELOW: OKAY. SO IN -- IN OUR AREA
UPSTATE WHERE IT'S MUCH MORE -- IT'S MUCH MORE RURAL, SOME OF OUR
CAMPS ARE ACTUALLY ALONG THE LAKESHORE WHERE WE HAVE A HUGE AMOUNT
OF MOSQUITOES AND OTHER INSECTS, AND I THINK EARLIER YOU HAD SAID THAT
WE WOULD HAVE TO REACH OUT TO OUR LOCAL DEPARTMENT OF HEALTH, THEN, IS
THAT CORRECT, TO GET A --
MS. PAULIN: YES.
MR. MANKTELOW: HOW -- HOW LONG WOULD THAT
TAKE, DO YOU KNOW?
MS. PAULIN: I -- I GUESS IT WOULD TAKE THE SAME
AMOUNT OF TIME THAT THE RESPONSE NOW WOULD TAKE FOR THE SCHOOLS,
WHICH SEEMS TO BE PRETTY IMMEDIATE BECAUSE, AGAIN, WE HAVEN'T HEARD
ANY COMPLAINTS AND I'M ASSUMING THAT YOUR SCHOOLS ARE ALSO SIMILAR TO
YOUR CAMPS IN THAT THEY'RE ALSO ON, YOU KNOW, IF YOU'RE IN A RURAL AREA
YOUR SCHOOLS ARE GOING TO BE IN THAT SAME AREA JUST LIKE YOUR CAMPS.
SO I DON'T -- I DON'T KNOW THAT IT MAKES SENSE TO MAKE A DISTINCTION
BETWEEN SCHOOLS THAT MIGHT BE IN ONE AREA AND CAMPS THAT MIGHT BE IN
THE SAME AREA, AND THAT'S THE SAME CONCLUSION THAT WAS MADE BY DEC,
THE DEPARTMENT OF HEALTH AND THE CAMPS.
MR. MANKTELOW: ALL RIGHT. HAVE YOU SPOKEN TO
ANY OF OUR LOCAL HEALTH AGENCIES WITHIN OUR COUNTIES TO LET THEM KNOW
THAT THIS MAY BE COMING?
MS. PAULIN: NYSACHO IS AWARE OF THE CHANGE,
YES.
MR. MANKTELOW: AND DO YOU KNOW IF THEY'VE
39
NYS ASSEMBLY FEBRUARY 14, 2022
REACHED OUT TO OUR LOCAL HEALTH AUTHORITIES?
MS. PAULIN: I DON'T KNOW THE MECHANISM THAT
NYSACHO USES, BUT I KNOW THAT THEY, ON THEIR BOARD, HAVE A VARIETY
OF PEOPLE AND VARIETY OF TYPES OF HEALTH DEPARTMENTS ON THEIR BOARD SO
THAT I WOULD THINK THAT EVERYONE IS REPRESENTED BUT INDIVIDUALLY, NO, I
HAVEN'T HEARD THAT THEY'VE REACHED OUT.
MR. MANKTELOW: OKAY. ALSO DURING THE
SUMMER MONTHS, WE HAVE A LOT OF 4-H PROGRAMS WHERE OUR 4-H KIDS
GO TO DIFFERENT CAMPS THROUGHOUT THE -- THROUGHOUT THE SUMMER,
DIFFERENT PROGRAMS THAT THEY'RE DOING, AND SOME OF THE PROGRAMS,
THEY'RE ACTUALLY PRODUCING VEGETABLES AND FRUITS AND DIFFERENT ITEMS
LIKE THAT, AND I BELIEVE SOME OF THOSE LOCATIONS THERE WOULD BE
PESTICIDES USED. DOES THAT -- DOES THAT THEN, IN TURN, SAY THEY'RE NOT
ALLOWED TO DO THAT ANYMORE?
MS. PAULIN: NO, I DON'T THINK THERE'S ANY
PROHIBITION ON PESTICIDE USE.
MR. MANKTELOW: OKAY.
MS. PAULIN: WHAT THE PROHIBITION IS, IS IF YOU'RE
GOING TO APPLY IT THEN YOU NEED TO GET APPROVAL. SO I DON'T SEE THIS BILL
PREVENTING ANY VALID USE OF THE PESTICIDE, YOU KNOW, ONCE THE APPROVAL
HAS TAKEN PLACE.
MR. MANKTELOW: OKAY. IN REGARD TO THAT SAME
QUESTIONING, ON SOME OF THESE CAMPS WHERE THEY ARE PRODUCING APPLES
AND IF WE HAVE A WETTING PERIOD PRIOR TO THE DAY OF THE CAMP WHERE
YOU DO HAVE TO DO A COVERUP SPRAY WITHIN 24 HOURS TO STOP THE MILDEW
40
NYS ASSEMBLY FEBRUARY 14, 2022
WITHIN THE APPLES. SO HOW WOULD -- HOW WOULD THAT TAKE PLACE IN THAT
SITUATION, WOULD WE JUST NOT BE ABLE TO APPLY THE PESTICIDE UNTIL AFTER
THE APPROPRIATE TIME?
MS. PAULIN: SO I GUESS -- JUST TO UNDERSTAND IT --
MR. MANKTELOW: SURE.
MS. PAULIN: SO WHAT YOU'RE SAYING IS THAT, YOU
KNOW, THERE'S AN APPLE TREE, RIGHT, YOU'RE SAYING THAT --
MR. MANKTELOW: YES.
MS. PAULIN: -- YOU NEED TO SPRAY THE APPLE TREE?
MR. MANKTELOW: THAT'S CORRECT.
MS. PAULIN: DO YOU HAVE AN IDEA OF WHEN THAT
MIGHT OCCUR? LIKE, I GUESS I'M A LITTLE CONFUSED; IS IT SO LAST MINUTE?
MR. MANKTELOW: WELL, IT'S PRETTY TOUGH, YOU
KNOW, MOTHER NATURE DECIDES WHEN WE'D HAVE TO OR NOT DO IT. SO LET
ME GIVE YOU AN EXAMPLE, IT COULD BE A SUNDAY AFTERNOON, WE HAVE A
THUNDERSHOWER GO THROUGH, THE TREES STAY WET OVERNIGHT, THAT MEANS THE
NEXT DAY, WITHIN 24 HOURS WE NEED TO DO A COVERUP SPRAY. WE NOW
HAVE CAMPERS OR YOUNG PEOPLE AT THE CAMP. WHAT DO WE DO IN THAT
SITUATION?
MS. PAULIN: I WOULD IMAGINE THAT IF YOU HAVE, YOU
KNOW, AN APPLE TREE ON YOUR PROPERTY YOU MIGHT -- AND KNOW THAT THIS
IS A COMMON OCCURRENCE THAT YOU MIGHT HAVE THIS STORM THAT YOU MIGHT
HAVE TO SPRAY, THAT YOU COULD LIKELY GET AN ADVANCE APPROVAL FROM THE
HEALTH DEPARTMENT. I DON'T KNOW WHY YOU WOULD HAVE TO WAIT FOR
THAT. YOU KNOW, YOU COULD CERTAINLY HAVE THE CONVERSATION AND THE
41
NYS ASSEMBLY FEBRUARY 14, 2022
COOPERATION, YOU KNOW, WITH THE HEALTH DEPARTMENT TO BE ABLE TO, YOU
KNOW, TO USE A CERTAIN PESTICIDE OR WHATEVER, YOU KNOW, IN A CERTAIN
CIRCUMSTANCE.
MR. MANKTELOW: BECAUSE I KNOW, AS YOU KNOW
PROBABLY, THAT MANY TIMES WE DO NOT KNOW IF THERE'S A THUNDERSTORM
COMING UNTIL, YOU KNOW, AN HOUR AHEAD OF TIME.
MS. PAULIN: BUT YOU KNOW THAT THERE MIGHT BE
ONE, RIGHT, SO THAT --
MR. MANKTELOW: NO, NOT ALWAYS. I MEAN,
THERE'S MANY TIMES FARMING OVER MY 30-PLUS YEARS WHERE I WENT TO BED
THAT EVENING AND HAD NO IDEA THERE WAS GOING TO BE A THUNDERSTORM.
MS. PAULIN: NO, NO, I'M NOT SUGGESTING THAT YOU
MIGHT NOT KNOW THAT IT COULD OCCUR, JUST LIKE I DIDN'T KNOW THERE WAS
GOING TO BE SNOW WHEN I WOKE UP THE OTHER MORNING.
MR. MANKTELOW: SURE.
MS. PAULIN: BUT YOU DO KNOW THAT THERE'S A
POSSIBILITY OF A THUNDERSTORM. SO IF YOU'RE IN AN AREA THAT YOU WOULD
HAVE A TREE, LIKE AN APPLE TREE OR A PEAR TREE OR ANOTHER FRUIT TREE, YOU
THEN COULD CALL THE HEALTH DEPARTMENT AND SAY UNDER THE CERTAIN
CIRCUMSTANCE THAT THERE IS, AND I DON'T EVEN -- I DON'T KNOW WHETHER
YOU CAN -- WHETHER -- WHAT PESTICIDE YOU WOULD USE OR WHY --
MR. MANKTELOW: SURE.
MS. PAULIN: -- I'M NOT EVEN PRETENDING TO KNOW
THAT, BUT IF THERE WAS A CIRCUMSTANCE THAT YOU KNOW COULD OCCUR ON
YOUR CAMPGROUNDS BECAUSE YOU HAVE THAT FRUIT TREE, YOU COULD GET
42
NYS ASSEMBLY FEBRUARY 14, 2022
PRE-APPROVAL TO SUGGEST THAT, YOU KNOW, IF THERE'S AN UNEXPECTED
THUNDERSTORM, IS IT OKAY, YOU KNOW, WHAT WOULD BE THE MECHANISM FOR
ME TO CONTACT THE HEALTH DEPARTMENT SO I CAN GET THAT OKAY ON A MORE
IMMEDIATE BASIS. SO I THINK -- I THINK THAT WHAT WE KNOW IS THAT THERE'S
A STRONG COLLABORATION AND COOPERATION WITH THE REGULATORS AND THE
CAMPS AND AGAIN, EVEN MORE SO THAN FOR THE SCHOOL DISTRICTS THAT HAVE
NO RELATIONSHIP REALLY WITH THE HEALTH DEPARTMENTS, EXCEPT FOR MAYBE
DURING COVID, BUT OTHER THAN THAT, THERE'S NO REGULATORY OVERSEEING OR
RELATIONSHIP. BUT THERE IS A DIRECT ONE FOR THE HEALTH DEPARTMENTS AND
THE CAMPS SO IF IT WAS EVER GOING TO WORK, IT WOULD WORK EVEN BETTER
FOR THE CAMPS WHO DO HAVE THIS ONGOING RELATIONSHIP, AND USUALLY AN
ASSIGNED PERSON, AN ASSIGNED DEPARTMENT AT THE HEALTH DEPARTMENT
WHO OVERSEES THE CAMPS.
SO I THINK THAT, AGAIN, PROBABLY WHAT I SAID, LET'S GIVE
IT A CHANCE, WHAT I -- IF I SAID THAT WHAT I MEANT IT AS IS AS LEGISLATORS,
SINCE THE CAMPS, THE DEPARTMENT OF HEALTH AND THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION ALL BELIEVE THAT IT'S DOABLE, THEN WE AS
LEGISLATORS SHOULD GIVE THAT A CHANCE BEFORE WE CHANGE THE SYSTEM AND
-- BECAUSE THE CURRENT SYSTEM OF SCHOOL DISTRICTS IS WORKING BEAUTIFULLY,
AND THAT WAS THE POINT THAT DEC AND DOH MADE TO MY OFFICE AND,
AGAIN, WE REACHED OUT TO THE CAMPS AND THEY WERE WILLING TO GO ALONG.
MR. MANKTELOW: OKAY. I APPRECIATE YOUR TIME
AND I APPRECIATE YOUR BRINGING THIS BILL FORWARD, AND I HOPE YOU HAVE A
NICE --
MS. PAULIN: THANK YOU.
43
NYS ASSEMBLY FEBRUARY 14, 2022
MR. MANKTELOW: -- VALENTINE'S DAY.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. MANKTELOW: THANK YOU, MR. SPEAKER, ON
THE BILL. MY CONCERN HERE IS WE KEEP DOING APPLES AND ORANGES.
SCHOOLS ARE NOT LIKE SUMMER CAMPS, SCHOOLS AREN'T ALONG LAKES,
SCHOOLS ARE NOT ALWAYS ALONG WOODS OR OTHER PLACES WHERE A LOT OF
THESE TICKS AND MOSQUITOES WOULD BE BORN, WOULD BE THERE. AND MY
CONCERN IS WE'RE GOING TO TIE UP OUR CAMPS, OUR DIRECTORS OF CAMPS TO
THE POINT WHERE THEY MAY HAVE TO SHUT DOWN THE CAMP FOR TWO OR THREE
DAYS UNTIL THEY GET AN ANSWER.
THE SECOND THING, MUCH LIKE HERE IN ALBANY, WE TEND
TO DO THIS, WE PUT THIS -- THIS GLORIOUS IDEA FORWARD WITHOUT REALLY
TALKING TO THE ENTITIES THAT ARE GOING TO BE INVOLVED. MY CONCERN IS IF I
GO BACK HOME AND I NEED TO CALL MY HEALTH DEPARTMENT, FIRST THING
THEY'RE GOING TO SAY, MR. SPEAKER, IS, WELL, WE DON'T HAVE ANY PROTOCOL
OVER THAT, WE'LL HAVE TO CHECK WITH ALBANY, WITH THE STATE. AND AGAIN,
WE JUST PASS THE BUCK AGAIN AND IT'S GOING TO BE A CONTINUED ISSUE.
I WOULD -- I APPLAUD THE SPONSOR FOR HER CONCERN AND
SAFETY OF THE CHILDREN, ABSOLUTELY 100 PERCENT, BUT I WISH BEFORE WE
MAKE THIS DROP DEAD BILL INTO A LAW, THIS AMENDMENT, I WISH WE COULD
PUT THOSE PROTOCOLS IN PLACE SO OUR CAMPS, OUR 4-H'ERS, OUR PUBLIC
HEALTH OFFICIALS BACK IN OUR HOME DISTRICTS WOULD KNOW EXACTLY WHAT TO
DO. WHAT I'M HEARING FROM THE SPONSOR WHEN I DID THE DEBATE WAS THIS
SHOULD BE ABLE TO BE DONE, SO I WILL BE MORE THAN WILLING TO WORK WITH
44
NYS ASSEMBLY FEBRUARY 14, 2022
HER ON THIS, AND WHOEVER ELSE, TO MAKE SURE WE HAVE THOSE PROTOCOLS IN
PLACE SO MAYBE OUR DAY CAMPS CAN HAVE SOMETHING IN PLACE PRIOR TO
THE THUNDERSTORM SEASON OR THROUGH A CERTAIN INSECT SEASON. SO IF THIS
WAS IN THERE, I MAY BE ABLE TO SUPPORT IT. I AGREE WITH MY COLLEAGUE
EARLIER, I COULD HAVE SUPPORTED THIS EARLIER BUT I THINK RIGHT NOW, IT
REALLY TIES THE HANDS -- AND IN ONE HAND WE'RE LOOKING TO KEEP OUR
CHILDREN SAFE, MR. SPEAKER, BUT AT THE SAME TIME WE HAVE TO TRUST THE
INDIVIDUALS RUNNING THE DAY CAMPS, RUNNING OUR LOCAL HEALTH
DEPARTMENTS TO HAVE THE POSSIBILITY AND THE ABILITY TO MAKE A QUICK
CHANGE. SO I WILL BE DOING SOME LOOKING ON THAT, SO HOPEFULLY THE
GOVERNOR WILL HOLD OFF ON SIGNING THIS AMENDMENT, BUT I DO THANK YOU
FOR YOUR TIME, MR. SPEAKER, AND I, AGAIN, I THANK THE SPONSOR FOR TAKING
MY QUESTIONS. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MR. GOODELL.
MR. GOODELL: THANK YOU, SPEAKER. WOULD THE
SPONSOR YIELD?
ACTING SPEAKER AUBRY: MS. PAULIN, WILL YOU
YIELD?
MS. PAULIN: I WOULD BE HAPPY TO.
MR. GOODELL: THANK YOU, MS. PAULIN. AM I
CORRECT THAT THIS APPLIES ONLY TO PESTICIDES BEING APPLIED TO
PLAYGROUNDS, TURF OR ATHLETIC OR PLAYING FIELDS?
MS. PAULIN: I BELIEVE THAT'S THE LANGUAGE.
MR. GOODELL: SO UNDER THIS, A CAMP WOULD BE
45
NYS ASSEMBLY FEBRUARY 14, 2022
ABLE TO APPLY PESTICIDES ANYWHERE ELSE ON THE CAMP?
MS. PAULIN: WELL, YOU KNOW, THE -- I THINK THAT WE
TALKED ABOUT THIS, OR MAYBE NOT WITH YOU, BUT I REMEMBER TALKING
ABOUT IT AT THE LAST DEBATE AND THAT HAD TO DO WITH, YOU KNOW, MICE IN A
KITCHEN OR SOMETHING LIKE THAT AND THEY WOULD BE ABLE TO USE
APPROPRIATE MEANS TO GET RID OF THOSE PESTS, YES. SO IT'S ONLY -- IT'S
LIMITED TO THE GROUNDS THAT ARE INDICATED IN THE -- IN THE BILL.
MR. GOODELL: AND THE ONLY EXCEPTION IS IF YOU
HAVE AN EMERGENCY APPLICATION THAT'S BEEN APPROVED?
MS. PAULIN: SO I GUESS I'M NOT CLEAR EXACTLY WHAT
YOU'RE ASKING. THE EMERGENCY APPLICATION WAS ACTUALLY TAKEN OUT OF
THE BILL.
MR. GOODELL: WELL, I'M LOOKING AT PAGE 2 STARTING
ON LINE 8. IT SAYS, EXCEPT AN EMERGENCY APPLICATION FOR PESTICIDE CAN
BE MADE. SO IT'S A GENERAL PROHIBITION AGAINST ANY PESTICIDE ON ANY
PLAYGROUND, TURF OR ATHLETIC PLAYING FIELD AT ANY CAMP EXCEPT THAT YOU
CAN APPLY FOR EMERGENCY APPLICATION.
MS. PAULIN: RIGHT.
MR. GOODELL: AND IS THERE ANY GUIDANCE ON
WHAT'S AN EMERGENCY?
MS. PAULIN: WELL, YOU KNOW, WHEN WE ASKED IN
THE BILL TO ALLOW FOR KIND OF RULES AND REGS TO DEVELOP IT, THEY TOLD US
THEY HAVE DONE THIS FOR YEARS WITH SCHOOLS AND IT WORKS AND THEY DIDN'T
WANT TO REINVENT THE WHEEL, ESSENTIALLY. SO -- SO I BELIEVE, SINCE THAT'S
IDENTICAL LANGUAGE TO WHAT WE HAVE FOR SCHOOLS THAT THAT -- THAT
46
NYS ASSEMBLY FEBRUARY 14, 2022
EMERGENCY IS, YOU KNOW, ALREADY UNDERSTOOD BY THE LOCAL HEALTH
DEPARTMENTS AND THE STATE HEALTH DEPARTMENT BECAUSE THEY HAVE
ALREADY ADMINISTERED THIS IN TWO OTHER SITUATIONS, DAY CARE AND SCHOOLS.
MR. GOODELL: I SEE. THANK YOU, MS. PAULIN, I
APPRECIATE YOUR COMMENTS. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
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 SENATE PRINT 7696. THIS IS A PARTY VOTE. ANY MEMBER WHO
WISHES TO BE RECORDED AS AN EXCEPTION TO THE 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 FOR THE REASONS I
HOPE TO EXPLAIN IN A MOMENT FOLLOWING UP ON THE COMMENTS OF MY
COLLEAGUES. THANK YOU, SIR. CERTAINLY THOSE WHO WISH TO SUPPORT IT ARE
ENCOURAGED TO CALL THE MINORITY LEADER'S OFFICE AND WE WILL RECORD
THEIR VOTE ACCORDINGLY.
ACTING SPEAKER AUBRY: CERTAINLY.
MS. SOLAGES.
MS. SOLAGES: THANK YOU, MR. SPEAKER. I WOULD
LIKE TO REMIND MY COLLEAGUES THIS IS A PARTY VOTE. MAJORITY MEMBERS
47
NYS ASSEMBLY FEBRUARY 14, 2022
WILL BE RECORDED IN THE AFFIRMATIVE. IF THERE ARE ANY EXCEPTIONS, I ASK
MAJORITY MEMBERS TO CONTACT THE MAJORITY LEADER'S OFFICE AT THE
NUMBER PREVIOUSLY PROVIDED AND I WILL ANNOUNCE THEIR NAME
ACCORDINGLY.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER AUBRY: MR. GOODELL TO
EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, SIR. BOTH THE ORIGINAL
BILL AND THE CHAPTER AMENDMENT PROHIBIT CAMPS FROM APPLYING
PESTICIDES ON PLAYGROUNDS, TURF OR ATHLETIC OR PLAYING FIELDS AT ANY TIME,
AND WE'RE TOLD THAT THAT PROHIBITION IS APPROPRIATE BECAUSE IT WORKS IN
SCHOOLS. UNFORTUNATELY, THE CHAPTER AMENDMENT ELIMINATES THE ABILITY
OF A CAMP TO GET AN EXCEPTION WITHIN 24 HOURS IN THE EVENT OF
EMERGENCY, WHICH MEANS YOU CAN HAVE AN EMERGENCY SITUATION THAT
DIRECTLY IMPACTS THE HEALTH OR SAFETY OF THE CHILDREN AND WITH THIS
CHAPTER AMENDMENT YOU WOULD NOT BE ASSURED OF GETTING A RESPONSE
WITHIN 24 HOURS.
IN MY COUNTY AND MUCH OF UPSTATE, OUR DAY CAMPS
ARE NOT AN EXTENDED DAY CARE. IT'S NOT A SCHOOL WITH A PLAYGROUND. MY
BOY SCOUT CAMP HAS HUNDREDS AND HUNDREDS OF ACRES, INCLUDING BEAVER
DAMS, WETLANDS, TRAILS, ALL OF WHICH ARE GREAT FOR ENJOYING THE WILDLIFE
AND GREAT FOR BREEDING INSECTS LIKE THOSE THAT CAUSE TICKS OR
MOSQUITOES. LAST YEAR, I ACTUALLY GOT LYME DISEASE FROM A TICK. LET
ME TELL YOU, IT'S NOT A FUN EXPERIENCE. IT WAS DEBILITATING. AND I WAS
VERY THANKFUL I CAUGHT IT QUICKLY AND WITHIN A FEW WEEKS I REGAINED
48
NYS ASSEMBLY FEBRUARY 14, 2022
MY COORDINATION, COULD SIGN MY OWN SIGNATURE AGAIN, AND COULD TALK
WITHOUT SOUNDING LIKE I HAD BEEN DRINKING ALL DAY. IT'S A SERIOUS ISSUE.
AND FOR THE LAST 22 YEARS, WE'VE HAD WEST LYME -- WEST NILE VIRUS IN
NEW YORK STATE, AND THAT'S A VERY SERIOUS ISSUE AS WELL.
AND SO WHEN WE LOOK AT PROTECTING OUR CHILDREN, WE
SHOULD ALLOW THESE RURAL CAMPS TO APPLY INSECTICIDE AND PROTECT THE
KIDS RATHER THAN FORCING THEM TO SLATHER THE KIDS UP WITH HIGHLY TOXIC
CHEMICALS TO PROTECT THEM. SO WE ALL HAVE THE SAME OBJECTIVES,
UNFORTUNATELY THIS DOESN'T PROVIDE ENOUGH FLEXIBILITY. THANK YOU, MR.
SPEAKER, I RECOMMEND AGAINST THIS BILL.
ACTING SPEAKER AUBRY: MR. GOODELL IN THE
NEGATIVE.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE ADD MY
COLLEAGUE, MR. BROWN, AS AN AFFIRMATIVE ON THIS BILL. THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED, THANK YOU.
MS. SOLAGES.
MS. SOLAGES: CAN YOU PLEASE ADD MR. CAHILL AS
AN EXCEPTION? THANK YOU.
ACTING SPEAKER AUBRY: CERTAINLY, SO NOTED.
THANK YOU.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 57, CALENDAR NO. 327, THE CLERK WILL READ.
49
NYS ASSEMBLY FEBRUARY 14, 2022
THE CLERK: ASSEMBLY NO. A08743, CALENDAR NO.
327, NIOU, BURDICK. AN ACT TO AMEND THE EXECUTIVE LAW AND A
CHAPTER OF THE LAWS OF 2021 AMENDING THE EXECUTIVE LAW RELATING TO
REQUIRING THE COLLECTION OF CERTAIN DEMOGRAPHIC INFORMATION BY CERTAIN
STATE AGENCIES, BOARDS, DEPARTMENTS AND COMMISSIONS, AS PROPOSED IN
LEGISLATIVE BILLS NUMBERS S. 6639-A AND A. 6896-A, IN RELATION TO THE
COLLECTION OF CERTAIN DEMOGRAPHIC INFORMATION BY CERTAIN STATE
AGENCIES, BOARDS, DEPARTMENTS AND COMMISSIONS; AND TO AMEND A
CHAPTER OF THE LAWS OF 2021 AMENDING THE EXECUTIVE LAW RELATING TO
REQUIRING THE COLLECTION OF CERTAIN DEMOGRAPHIC INFORMATION BY CERTAIN
STATE AGENCIES, BOARDS, DEPARTMENTS AND COMMISSIONS, AS PROPOSED IN
LEGISLATIVE BILLS NUMBERS S. 6639-A AND A. 6896-A, IN RELATION TO THE
EFFECTIVENESS THEREOF.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
NIOU, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS ADVANCED.
MR. GOODELL.
MR. GOODELL: ON THE BILL, SIR.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. GOODELL: I KNOW MS. NIOU HAS GOT A LOT OF
ANSWERS TO ALL MY QUESTIONS AND I APPRECIATE HER COURTESY IN MEETING
WITH ME PRIOR TO THIS MOMENT TO ANSWER A LOT OF THOSE QUESTIONS. AND
SO AS LONG AS IT DOESN'T DISAPPOINT HER TO JUST SPEAK ON THE BILL, I'LL -- I'LL
DO SO. THE BILL-IN-CHIEF REQUIRED ALL THE STATE AGENCIES THAT COLLECT
DEMOGRAPHICS TO COLLECT INFORMATION ON EVERY MAJOR ASIAN GROUP, AND
LAST YEAR WE EXPRESSED CONCERN THAT THERE ARE LITERALLY DOZENS OF ASIAN
50
NYS ASSEMBLY FEBRUARY 14, 2022
GROUPS AND THAT CREATES AN ISSUE. SO IF YOU'RE FILLING OUT AN
APPLICATION, FOR EXAMPLE, WITH THE HEALTH DEPARTMENT, IT WOULD BE
CAUCASIAN, BLACK, HISPANIC, AND ANY ONE OF DOZENS OF ASIAN NATIONS OR
HERITAGES. AND IT GETS MORE COMPLICATED IF YOU HAPPEN TO HAVE PARENTS
WHO WERE FROM VIETNAM AND ONE FROM A DIFFERENT ASIAN GROUP, WHICH
ONE DO YOU REPORT?
SO THAT IS A CONCERN WE ADDRESS. THIS CHAPTER
AMENDMENT ADDRESSES THAT CONCERN SOMEWHAT BY SAYING WE WANT TO
HAVE JUST THE TOP TEN ASIAN GROUPS RATHER THAN ALL OF THEM, WHICH I
THINK IS A STEP IN THE RIGHT DIRECTION TO MANAGE OUR DATA COLLECTION, AND
THEN IT LISTS CERTAIN ASIAN GROUPS THAT WE WANT THE INFORMATION ON
REGARDLESS OF WHETHER THEY'RE IN THE TOP TEN. AND THOSE ARE THE ONES
THAT ARE ACTUALLY CURRENTLY PROBABLY IN THE TOP TEN WITH PERHAPS A FEW
EXCEPTIONS, WHERE WE'RE ASKING FOR INFORMATION ON EVERY ONE FROM
GUAM AND CHAMORRO. AND JUST TO PUT THAT IN PERSPECTIVE, THOSE TWO
GROUPS COLLECTIVELY IN THE ENTIRE UNITED STATES HAVE SLIGHTLY MORE
POPULATION THAN A NEW YORK STATE ASSEMBLY DISTRICT. LIKEWISE,
SAMOA, YOU KNOW, SAMOA HAS ABOUT 200,000 PEOPLE IN THE ENTIRE
UNITED STATES, AND A SMALL FRACTION OF THOSE IN NEW YORK STATE.
SO OUR CONCERN WITH THE ORIGINAL BILL WAS WE'RE ASKING
FOR TOO MUCH DATA THAT IS NOT EASILY ALLOCATED, FOR EXAMPLE, HOW DO YOU
KNOW WHICH TO REPORT IF YOUR PARENTS CAME FROM TWO DIFFERENT ASIAN
COUNTRIES, AS AN EXAMPLE. BUT I SUPPOSE WE RELY ON SELF-REPORTING.
THE BILL SPONSOR MADE IT CLEAR THAT WHILE WE'RE REQUIRING OUR STATE
AGENCIES TO COLLECT DATA ON THE TEN MOST POPULOUS ASIAN GROUPS PLUS
51
NYS ASSEMBLY FEBRUARY 14, 2022
SEVERAL PACIFIC ISLANDS, THEY ARE FREE TO AGGREGATE THAT INFORMATION, OR
DE-AGGREGATE IT AS MAY BE HELPFUL. AND AS THE SPONSOR EXPLAINED TO
ME, ONE REASON WHY YOU MIGHT WANT TO HAVE A LARGER DATABASE IS
BECAUSE CERTAIN ASIAN GROUPS RESPOND DIFFERENTLY TO CERTAIN DISEASES.
SO THERE ARE SOME ASIAN GROUPS THAT WERE MUCH MORE SUSCEPTIBLE TO
HAVING SERIOUS SIDE EFFECTS OF COVID, AS AN EXAMPLE, THAN OTHERS.
AND SO THE ORIGINAL BILL HAD 35 NO VOTES. THE
AMENDMENT REDUCES THE SCOPE OF THE ORIGINAL BILL, THAT'S A POSITIVE STEP.
IT WOULD STILL REQUIRE REPORTING OF TEN SEPARATE ASIAN CATEGORIES, PLUS
NATIVE HAWAIIAN, THOSE FROM GUAM, CHAMORRO, AND SAMOA. THAT'S
STILL EXCESSIVE, BUT NOT AS EXCESSIVE AS IT WAS. SO AGAIN, I APPRECIATE
THE ENLIGHTENMENT BY MY COLLEAGUE AND THE EXPLANATION. I HOPE I HAVE
BEEN ABLE TO SUMMARIZE THE PROS AND CONS OF THIS CHAPTER AMENDMENT.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 7821. 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.
52
NYS ASSEMBLY FEBRUARY 14, 2022
PAGE 57, CALENDAR NO. 333, THE CLERK WILL READ.
THE CLERK: SENATE NO. S07775, CALENDAR NO.
333, SENATOR HINCHEY (LUPARDO--A08766). AN ACT TO AMEND THE
AGRICULTURE AND MARKETS LAW, IN RELATION TO THE CLIMATE RESILIENT
FARMING INITIATIVE; AND TO AMEND A CHAPTER OF THE LAWS OF 2021
AMENDING THE AGRICULTURE AND MARKETS LAW AND THE SOIL AND WATER
CONSERVATION DISTRICTS LAW RELATING TO ESTABLISHING THE SOIL HEALTH AND
CLIMATE RESILIENCY ACT, AS PROPOSED IN LEGISLATIVE BILLS NUMBERS S.
4722-A AND A. 5386-A, IN RELATION TO THE EFFECTIVENESS THEREOF.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. WOULD THE SPONSOR
YIELD?
MS. LUPARDO: YES, I'D BE HAPPY TO.
ACTING SPEAKER AUBRY: MS. LUPARDO, WILL
YOU YIELD?
MS. LUPARDO: YES, I'D BE HAPPY TO.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. GOODELL: THANK YOU, MS. LUPARDO. THIS IS A
CHAPTER AMENDMENT THAT HAS A PROVISION THAT SAYS THE COMMISSIONER
AG AND MARKETS AND THE SOIL AND WATER CONSERVATION COMMITTEE ARE
EMPOWERED TO PROMULGATE RULES AND REGULATIONS AS DEEMED NECESSARY
TO EFFECT THE PURPOSES OF THE ORIGINAL BILL, WHICH WAS TO ESTABLISH
VOLUNTARY STANDARDS FOR SOIL HEALTH AND ENCOURAGE AGRICULTURE
PRODUCERS TO REDUCE THE EFFECTS OF FARMING ON CLIMATE CHANGE; IS THAT A
FAIR SUMMARY?
53
NYS ASSEMBLY FEBRUARY 14, 2022
MS. LUPARDO: CORRECT.
MR. GOODELL: SO IF THE ORIGINAL BILL PROVIDES THAT
THE STANDARDS WERE ALL GOING TO BE VOLUNTARY --
MS. LUPARDO: MM-HMM.
MR. GOODELL: -- WHY WOULD THE AG
COMMISSIONER OR THE WATER AND CONSERVATION COMMITTEE NEED TO
ADOPT REGULATIONS WHICH NORMALLY HAVE THE FORCE OF LAW?
MS. LUPARDO: SURE. WELL, LET ME JUST STEP BACK A
MINUTE TO MAKE IT CLEAR THAT THE SOIL, HEALTH, AND CLIMATE RESILIENCY
ACT THAT WE UNANIMOUSLY PASSED WAS AND STILL REMAINS -- THE GOAL OF
THE -- OF THAT BILL IS TO ENCOURAGE AND PROMOTE HEALTHY SOIL PRACTICES.
THERE IS NO MANDATE INVOLVED AND NOR IS ANY MANDATE INTENDED. THE
COMMISSIONER -- I'M SORRY, THE DEPARTMENT ASKED US TO SIMPLY CLARIFY
IN THIS BILL THAT THEY ARE IN CHARGE OF THE PROGRAM. YOU MAY HAVE
NOTICED THAT THE GOVERNOR PUT IN HER BUDGET $17 MILLION TOWARDS
CLIMATE RESILIENT FARMING, WHICH IS A $13 MILLION INCREASE, IT'S A
SUBSTANTIAL SUM THAT'S BEING PUT IN TO HELP STAND UP THIS INITIATIVE TO
HELP OUR FARMERS GET BETTER EDUCATION AND TRAINING IF THEY ARE
INTERESTED. AND I THINK THE DEPARTMENT JUST THOUGHT THEY WANTED IT
CRYSTAL CLEAR THAT THEY ARE IN THE CHARGE OF THE PROGRAM, AND THAT'S
REALLY ALL THAT AMOUNTS TO.
MR. GOODELL: SO IT'S YOUR VIEW --
MS. LUPARDO: IT'S OBVIOUS ALREADY THAT THEY ARE IN
CHARGE OF THE PROGRAM, BUT I THINK THEY WANTED IT SPECIFICALLY IN HERE.
MR. GOODELL: SO IT'S YOUR VIEW THAT THE ADDITION
54
NYS ASSEMBLY FEBRUARY 14, 2022
OF THAT LANGUAGE DOES NOT IN ANY WAY CHANGE THE VOLUNTARY NATURE OF
THIS PROGRAM.
MS. LUPARDO: ABSOLUTELY NOT, YOU'RE CORRECT ON
THAT. AND TO BE HONEST WITH YOU, YOU KNOW, ANYTHING THAT WE HAVE
DONE IS FAR MORE SUCCESSFUL WHEN IT'S VOLUNTARY. I THINK WE WOULD
DEFEAT THE PROGRAM IF WE MADE IT MANDATORY, AND I'M GOING ON THE
RECORD TO SAY THAT.
MR. GOODELL: THANK YOU VERY MUCH FOR THAT
CLARIFICATION, MS. LUPARDO.
ON THE BILL.
MS. LUPARDO: YOU'RE WELCOME.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. GOODELL: I APPRECIATE THE SPONSOR'S
CLARIFICATION THAT THIS PROGRAM WILL REMAIN VOLUNTARY. THE ORIGINAL BILL
PASSED UNANIMOUSLY AND WITH THAT CLARIFICATION THAT THIS CHAPTER
AMENDMENT DOES NOT CHANGE THE VOLUNTARY NATURE OF IT, I WILL
RECOMMEND IT TO MY COLLEAGUES. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, MR.
GOODELL.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST,
2023.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 7775. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
55
NYS ASSEMBLY FEBRUARY 14, 2022
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.
PAGE 57, CALENDAR NO. 344.
THE CLERK: SENATE NO. S07805, CALENDAR NO.
344, SENATOR GIANARIS (MAMDANI--A08796.) AN ACT TO AMEND THE
STATE ADMINISTRATIVE PROCEDURE ACT, IN RELATION TO PUBLIC HEARINGS ON
PROPOSED RULES; AND TO AMEND A CHAPTER OF THE LAWS OF 2021 AMENDING
THE STATE ADMINISTRATIVE PROCEDURE ACT RELATING TO PUBLIC HEARINGS ON
PROPOSED RULES, AS PROPOSED IN LEGISLATIVE BILLS NUMBERS S. 155 AND A.
6267, IN RELATION TO THE EFFECTIVENESS THEREOF.
ACTING SPEAKER AUBRY: THERE IS AN
AMENDMENT AT THE DESK. MR. GANDOLFO TO BRIEFLY EXPLAIN THE
AMENDMENT WHILE WE EXAMINE IT. THANK YOU.
MR. GANDOLFO: 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: PROCEED.
MR. GANDOLFO: THANK YOU, MR. SPEAKER. THE
BILL-IN-CHIEF AMENDS THE STATE ADMINISTRATIVE PROCEDURE ACT REGARDING
THE HOLDING OF PUBLIC HEARINGS BY STATE AGENCIES ON PROPOSED RULES AND
REGULATIONS. THIS AMENDMENT ADDS TO THE BILL-IN-CHIEF BY PROVIDING
THAT NO STATE AGENCY SHALL PROMULGATE RULES, REGULATIONS OR ANY FORM OF
56
NYS ASSEMBLY FEBRUARY 14, 2022
GUIDANCE REQUIRING INDIVIDUALS UNDER THE AGE OF 18 WHO ARE NOT
EXHIBITING COVID-19 SYMPTOMS TO WEAR A MASK OR FACE COVERING IN A
PUBLIC PLACE OR WHILE PARTICIPATING IN ANY RECREATIONAL OR ORGANIZED
SPORTING ACTIVITY.
ACTING SPEAKER AUBRY: WE HAVE EXAMINED
YOUR AMENDMENT AND FOUND IT NOT GERMANE TO THE BILL BEFORE THE
HOUSE. YOU MAY APPEAL THE RULING OF THE CHAIR AND SPEAK TO THE
ISSUES OF GERMANENESS. MR. GANDOLFO, DO YOU APPEAL?
MR. GANDOLFO: YES, SIR. RESPECTFULLY, I'D LIKE TO
APPEAL THE DECISION OF THE SPEAKER.
ACTING SPEAKER AUBRY: PROCEED, ON ISSUE OF
GERMANENESS.
MR. GANDOLFO: THE BILL-IN-CHIEF RELATES TO THE
PROMULGATION OF AGENCY REGULATIONS AND THE AMENDMENT BEFORE US
PROHIBITS THE PROMULGATION OF CERTAIN RULES AND REGULATIONS BY STATE
AGENCIES. ULTIMATELY, BOTH THE BILL-IN-CHIEF AND THE HOSTILE AMENDMENT
DEAL WITH THE PURVIEW OF THE STATE'S AGENCIES RULE-MAKING AUTHORITY.
THIS AMENDMENT IS BEING OFFERED IN AN EFFORT TO PROTECT THE RIGHTS OF
NEW YORK FAMILIES TO DECIDE FOR THEMSELVES IF MASKING THEIR CHILDREN
IS RIGHT FOR THEM. THE NUMBER OF COVID CASES HAS DECREASED
ACCORDING TO THE GOVERNOR TODAY, IT IS BELOW 3 PERCENT. MANY CHILDREN
ARE VACCINATED AND THE STATEWIDE MASK MANDATE HAS BEEN LIFTED.
NEIGHBORING STATES SUCH AS NEW JERSEY, CONNECTICUT AND DELAWARE
HAVE ANNOUNCED AN END TO THEIR SCHOOL MASK MANDATES; YET, OUR
CHILDREN IN NEW YORK ARE EXPECTED TO CONTINUE WEARING MASKS FOR
57
NYS ASSEMBLY FEBRUARY 14, 2022
HOURS AND HOURS EACH DAY.
I KNOW THE LEGISLATURE DID NOT PUT THAT MANDATE IN
PLACE, BUT WE'RE ABLE TO REPEAL IT RIGHT -- WE'RE ABLE TO KNOCK IT OUT RIGHT
HERE TODAY. SO I URGE MY COLLEAGUES TO SUPPORT THIS AMENDMENT BEFORE
US AND UNMASK OUR KIDS ONCE AND FOR ALL. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. TAGUE ON THE AMENDMENT, ON GERMANENESS.
MR. TAGUE: THANK YOU, MR. SPEAKER ON THE APPEAL
OF THE AMENDMENT. ENOUGH IS ENOUGH, MR. SPEAKER. WE CAN'T ALLOW --
WE CAN ALLOW OUR CHILDREN TO GO TO MOVIE THEATERS, RESTAURANTS,
CHURCHES, AND EVEN PLACES LIKE CHUCK E. CHEESE'S FOR BIRTHDAYS
WITHOUT WEARING A MASK. BUT WE ARE STILL MANDATING CHILDREN TO WEAR
THEIR MASKS IN SCHOOLS. WHAT IS THE LOGIC BEHIND THIS, MR. SPEAKER? IT
JUST DOESN'T MAKE ANY SENSE. IT IS TIME TO GIVE OUR CHILDREN BOTH THE
LIVES AND -- GIVE THEM BACK BOTH THEIR LIVES AND CONTROL BACK TO THEIR
PARENTS. MR. SPEAKER, WE NEED TO LEAVE THE POLITICS BEHIND AND DO THE
RIGHT THING FOR THE GOOD OF THESE CHILDREN AND THEIR MENTAL HEALTH. IT'S
TIME FOR COMMON SENSE TO PREVAIL. LET'S ACT TODAY TO UNMASK OUR
CHILDREN. LIKE FREEDOM AND LIBERTY AND MENTAL WELL-BEING, LET THAT BE
OUR TOP PRIORITY. LET'S DO THE RIGHT THING.
WHEN GOVERNMENT FEARS THE PEOPLE, THIS IS LIBERTY.
WHEN PEOPLE FEAR THE GOVERNMENT, IT'S TYRANNY. ENOUGH IS ENOUGH.
GIVE OUR CHILDREN BACK THEIR RIGHTS AND GIVE OUR PARENTS BACK CONTROL.
I BELIEVE IN THIS AMENDMENT AND THIS APPEAL AND I WILL BE VOTING IN THE
AFFIRMATIVE. THANK YOU, MR. SPEAKER.
58
NYS ASSEMBLY FEBRUARY 14, 2022
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. REILLY ON THE AMENDMENT AND ITS GERMANENESS.
MR. REILLY: THANK YOU, MR. SPEAKER. I RISE TODAY
TO TALK ABOUT WHY THIS AMENDMENT IS GERMANE. THIS AMENDMENT IS
GERMANE BECAUSE IF YOU LOOK AROUND AT ALL THE INFORMATION WE'RE
HEARING ON SOCIAL MEDIA, IN THE NEWS, THE DEPARTMENT OF HEALTH FROM
OUR STATE IS ABOUT TO ADOPT MANDATES THAT GO -- THAT COINCIDE WITH THE
BILL-IN-CHIEF. THE PROCESS AND THAT ADOPTION WILL INCLUDE THE ABILITY FOR
THE HEALTH COMMISSIONER OF NEW YORK STATE TO KEEP OUR KIDS MASKED
WHENEVER THE COMMISSIONER DEEMS NECESSARY. IN THE BILL-IN-CHIEF, IT
ACTUALLY STATES ABOUT RESIDENTS, CITIZENS OF THE STATE PETITIONING
AGENCIES TO HOLD PUBLIC HEARINGS. WELL, WE'RE PETITIONING AS PARENTS,
AS LEGISLATORS. IT IS NOW YOUR RESPONSIBILITY. IF YOU REALLY WANT THIS
BILL-IN-CHIEF TO BE ADOPTED AND TO MEAN WHAT IT SAYS ON PAPER, THEN THIS
AMENDMENT IS SOMETHING THAT IS NECESSARY.
AS A FAMILY MEMBER, AS A FATHER OF TWO HIGH SCHOOL
STUDENTS, I CAN TELL YOU THE AGONY THEY FEEL. JUST YESTERDAY I HAD TO
SEND AN E-MAIL TO MY DAUGHTER'S TEACHER BECAUSE SHE TOOK THE MASK OFF
FOR 30 SECONDS TO GET SOME AIR. I TOLD HER NOT TO BE COMBATIVE ABOUT IT,
BUT I SAID IF YOU NEED THE OPPORTUNITY TO REMOVE YOUR MASK AND TO GAIN
YOUR COMPOSURE BECAUSE OF THE ANXIETY AND THE STRESS, THEN DO IT
RESPECTFULLY. SHE DID, AND WE GOT A CALL FROM THE ASSISTANT PRINCIPAL.
YOU KNOW, IT'S AMAZING THAT WE GET CALLS ABOUT TAKING YOUR MASK OFF,
BUT WHEN THERE'S VIOLENCE IN THE SCHOOL, THEY'RE HESITANT ABOUT TAKING
ANY ACTION.
59
NYS ASSEMBLY FEBRUARY 14, 2022
THIS IS OUR OPPORTUNITY TO MAKE THE WORDS IN THE
ACTUAL BILL-IN-CHIEF MEAN SOMETHING. STAND UP, UNMASK OUR KIDS
BECAUSE YOU'LL BE STARTING THE FIRST PETITION TO MAKE SURE WE HOLD OUR
AGENCIES ACCOUNTABLE. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. RA.
MR. RA: THANK YOU, MR. SPEAKER, ON THE
GERMANENESS OF THIS AMENDMENT.
ACTING SPEAKER AUBRY: SIR.
MR. RA: YOU KNOW, I JUST WANT TO READ REAL QUICK
THE SPONSOR'S MEMO, AND THE JUSTIFICATION SAYS, IF THE RULES ADOPTED BY
STATE AGENCIES ARE TO HAVE MINIMAL BURDENS AND MAXIMUM
EFFECTIVENESS FROM THE PUBLIC'S PERSPECTIVE, IT IS CRUCIAL THAT EVERY
EFFORT BE MADE TO SOLICIT AND CONSIDER THE VIEWS OF THE PUBLIC IN
DEVELOPING RULES. WELL, I THINK WHAT ALL OF OUR CONSTITUENTS FEEL RIGHT
NOW IS THAT THEY HAVEN'T HAD THAT OPPORTUNITY THROUGHOUT THIS PANDEMIC
AND, IN PARTICULAR, IN THE RULES THAT ARE CURRENTLY IN EFFECT. AND I'VE
HEARD FROM CONSTITUENTS OVER THE LAST FEW WEEKS BOTH WHO WANT MASK
MANDATES TO REMAIN AND THOSE WHO DO NOT. BUT WHAT I TRY TO REITERATE
TO BOTH SIDES IS THAT YOU'RE SUPPOSED TO HAVE A SAY FOR YOUR ELECTED
REPRESENTATIVES. THAT'S US, THAT'S ALL OF US WHO WERE ELECTED TO SERVE IN
THIS BODY, MOST OF US WHO WILL PUT OUR NAME ON THE BALLOT THIS FALL TO
BE REPRESENTATIVES OF OUR COMMUNITIES IN THIS BODY, AND IF WE'RE
WILLING TO CONTINUE TO ALLOW UNELECTED BUREAUCRATS TO DO OUR JOBS FOR
US, DON'T BOTHER CIRCULATING PETITIONS IN A COUPLE OF WEEKS TO RUN FOR
60
NYS ASSEMBLY FEBRUARY 14, 2022
REELECTION THIS FALL.
WE ARE ELECTED BY THE PEOPLE, WE'RE THEIR VOICE, AND
WE SHOULD BE THERE TO HEAR FROM PEOPLE ON BOTH SIDES OF THIS ISSUE WHO
WANT MASK MANDATES TO GO AWAY AND WHO WANT THEM TO CONTINUE. BUT
THEY DO NOT HAVE ANY ADEQUATE SAY IN WHAT'S GOING ON WHEN IT'S DONE
THROUGH AGENCIES. SO I CAN'T IMAGINE A MORE GERMANE AMENDMENT
THAN THIS ONE BECAUSE WE'RE TALKING ABOUT ENSURING THAT WHEN AGENCIES
ADOPT RULES, THEY'RE DOING SO WHILE STILL HEARING FROM THE PUBLIC. SO I
WOULD URGE MY COLLEAGUES TO EVEN IF YOU THINK THAT, YOU KNOW, WE
NEED TO CONTINUE WITH ALL THESE MANDATES TO STAND UP FOR US AS AN
ELECTED LEGISLATURE. YOU KNOW, THE GOVERNOR CAME IN AND SAID THAT
SHE WAS GOING TO HAVE RESPECT FOR US AS AN ELECTED LEGISLATURE. WELL,
CERTAINLY THE WAY THEY'RE ACTING ON -- ON THESE COVID MANDATES IN
RECENT WEEKS DOESN'T INDICATE THAT TO ME AT ALL.
SO I URGE MY COLLEAGUES TO VOTE AGAINST SAYING THIS IS
NOT GERMANE AND LET'S MOVE FORWARD, HAVE A VOTE ON THIS AMENDMENT
AND MOVE FORWARD THROUGH THIS PANDEMIC. LASTLY, LET ME REMIND
EVERYBODY, EVERYBODY WATCHED THE SUPER BOWL LAST NIGHT, ALL THESE
CELEBRITIES IN LOS ANGELES HOBNOBBING AROUND, THERE WASN'T A MASK IN
SIGHT. BUT IN THAT VERY COUNTY, ALL THOSE KIDS WENT TO SCHOOL THIS
MORNING AND FOR EIGHT HOURS IN SCHOOL WORE MASKS, AND THE SAME WAS
TRUE IN THIS STATE. SO I URGE YOU TO ADOPT THIS AMENDMENT AND MOVE
FORWARD AND PUT ASIDE A PROCESS THAT IS NOW BASICALLY TREATING THE LEAST
VULNERABLE POPULATION IN OUR STATE AS THE ONLY ONES THAT HAVE TO
CONTINUE TO SUFFER UNDER MANDATES. THANK YOU, MR. SPEAKER.
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ACTING SPEAKER AUBRY: THANK YOU, SIR.
MS. GIGLIO.
MS. GIGLIO: THANK YOU, MR. SPEAKER. SO MY
OFFICE HAS RECEIVED HUNDREDS OF PHONE CALLS AND E-MAILS REGARDING THE
PROPOSED STATE ADMINISTRATIVE PROCEDURE ACT WHICH WOULD CODIFY
WHETHER OR NOT THE HEALTH DEPARTMENT COULD SAY WHETHER KIDS HAVE TO
WEAR MASKS IN SCHOOL. AND TO ME, THIS IS VERY GERMANE TO THE BILL
BECAUSE THE LAW AND THE RULES ARE BEING CREATED BY THE STATE
ADMINISTRATIVE PROCEDURE ACT WHICH HAD PUBLIC NOTICE WHERE PEOPLE
COULD WRITE IN THEIR COMMENTS AND I BELIEVE THEY'RE DUE BY FEBRUARY
17TH, IT'S JUST UNBELIEVABLE THAT THIS IS COMING UP TODAY REGARDING THE
PROPOSED RULES AND THE MASK MANDATES. I'VE ATTENDED SEVERAL RALLIES
FOR PARENTS THAT ARE EXERCISING THEIR CONSTITUTIONAL RIGHT TO PROTEST THE
REQUIREMENTS OF MASKS. I HAVE LETTERS FROM SCHOOL DISTRICTS THAT I'M
LOOKING AT NOW SAYING THAT THE LOCAL HEALTH DEPARTMENTS CAN MAKE
THOSE DECISIONS BASED ON INFECTION RATES, BASED ON WHAT IS HAPPENING
INSIDE THE SCHOOL, BASED ON THE POPULATION IN THE CLASSROOMS, BASED ON
THE CLASSROOM SIZES. AND I DON'T THINK THAT THIS SHOULD BE A BROAD
BRUSH, ONE-SIZE-FITS-ALL THROUGHOUT THE WHOLE STATE. I THINK THAT THIS IS
VERY GERMANE TO THE BILL BECAUSE WE'RE TALKING ABOUT RULES AND WE'RE
TALKING ABOUT THE STATE ADMINISTRATIVE PROCEDURE ACT AND THEM
DICTATING THE RULES, WHERE IT SHOULD BE VOTED ON BY THE LEGISLATURE.
SO I THINK THAT WE SHOULD BE LOOKING AT THIS AND NOT
JUST FLOWING THIS THROUGH THE STATE ADMINISTRATIVE PROCEDURES ACT, BUT
WE SHOULD BE MAKING DECISIONS AS TO WHETHER OR NOT THE KIDS SHOULD BE
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WEARING MASKS IN SCHOOL, AND I THINK THAT IT SHOULD BE DONE ON A LOCAL
LEVEL AS GOVERNOR CUOMO INITIALLY DID IN SAYING THAT HE WAS LEAVING IT
UP TO THE LOCAL SCHOOLS TO MAKE THE DECISIONS, RATHER THAN THE STATE
WITH A BROAD BRUSH. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
MR. LAWLER.
MR. LAWLER: THANK YOU, MR. SPEAKER, ON THE
GERMANENESS. THROUGHOUT THIS PANDEMIC, ONE OF THE GREAT TRAGEDIES
HAS BEEN THAT THIS BODY HAS GIVEN UP ITS AUTHORITY AND ALLOWED THE
EXECUTIVE BRANCH UNILATERAL CONTROL OF THE PANDEMIC RESPONSE. AND
WHAT THE AMENDMENT SEEKS TO DO IS RETURN THAT AUTHORITY TO THE
LEGISLATURE. WHAT IT SEEKS TO DO WITH RESPECT TO THE BILL-IN-CHIEF IS
ACTUALLY MAKE THE BILL-IN-CHIEF MEAN SOMETHING. AND ALL OF US ON BOTH
SIDES OF THE AISLE HAVE HEARD FROM CONSTITUENTS FOR AND AGAINST THE
VARIOUS MANDATES, WHETHER IT BE MASK MANDATES OR VACCINE MANDATES,
AND ALL OF US HAVE AN OBLIGATION TO RESPOND TO OUR CONSTITUENTS
REGARDLESS OF WHAT OUR POSITION MAY BE ON -- ON THE ISSUE. AND I HAVE
HEARD FROM CONSTITUENTS DAY IN, DAY OUT, ESPECIALLY AS IT PERTAINS TO
MASK MANDATES IN SCHOOL. AND THE GOVERNOR RECENTLY ANNOUNCED THE
END TO THE INDOOR MASK MANDATE FOR BUSINESSES IN NEW YORK STATE.
OUR NEIGHBORING STATES HAVE ANNOUNCED NOT ONLY THE REMOVAL OF MASK
MANDATES FOR BUSINESSES, BUT FOR SCHOOLS.
AND SO WHAT THIS BILL -- WHAT THE AMENDMENTS SEEKS
TO DO IS RESTORE LEGISLATIVE AUTHORITY, AND IT SEEKS TO ENSURE THAT
AGENCIES AND UNELECTED BUREAUCRATS DO NOT HAVE THE AUTHORITY TO JUST
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MAKE RULES UP AND MAKE THEM PERMANENT. THE AGENCIES WERE GIVEN
TEMPORARY AUTHORITY DURING COVID. THEY ARE NOW SEEKING TO MAKE
THAT AUTHORITY PERMANENT. AND SO IT IS CRITICAL IN -- AT THIS JUNCTURE THAT
WE MOVE FORWARD AS A LEGISLATIVE BODY, RESTORE OUR AUTHORITY AND END
THE GOVERNOR'S UNILATERAL MASK MANDATES THROUGHOUT THE STATE.
AND LET'S BE CLEAR, EVEN THOUGH THIS IS A VOTE ON THE
GERMANENESS, THAT IS SEMANTICS AND IT IS PROCEDURAL. THIS VOTE IS A VOTE
IN FAVOR OF OR AGAINST CONTINUING THE GOVERNOR'S UNILATERAL AUTHORITY
AND CONTINUING THE MASK MANDATE IN SCHOOLS. SO WE CAN HIDE BEHIND
SEMANTICS AND PROCEDURE, BUT VOTERS WILL SEE AND OUR CONSTITUENTS WILL
SEE WHERE WE ALL STAND. SO I ENCOURAGE EVERYONE IN THIS CHAMBER TO
VOTE IN FAVOR OF THIS AMENDMENT BEING GERMANE AND REJECT THE CHAIR'S
DETERMINATION. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
MR. DURSO.
MR. DURSO: THANK YOU, MR. SPEAKER. TO DISCUSS
THE -- THE BILL AND THE GERMANENESS.
ACTING SPEAKER AUBRY: YES, SIR.
MR. DURSO: IN RELATION TO THE BILL CURRENTLY THAT
WE'RE LOOKING AT, IT SAYS, IN RELATION TO PUBLIC HEARINGS ON PROPOSED
RULES AND TO AMEND A CHAPTER OF THE LAWS OF THE 2021 AMENDING THE
STATE ADMINISTRATIVE PROCEDURE ACT RELATING TO PUBLIC HEARINGS ON
PROPOSED RULES. PUBLIC HEARINGS WOULD BE THE ONE THAT I WOULD LIKE TO
PICK OUT OF THIS.
WE'VE HAD TWO YEARS NOW OF ONE OF THE LARGEST PUBLIC
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HEARINGS THAT I KNOW, RIGHT. WE'VE HEARD FROM TONS OF PARENTS,
GRANDPARENTS, STUDENTS, VOTERS, PEOPLE THAT CANNOT VOTE YET DUE TO AGE.
EVERYBODY HAS AN OPINION ON THIS. AGAIN, WE HAVE NEVER SAID, I HAVE
NEVER STATED FROM THE BEGINNING THAT YOU SHOULDN'T WEAR A MASK OR THAT
YOU SHOULD WEAR A MASK. I SAID IT'S BEEN A CHOICE. WE ARE NOW TO THE
POINT WHERE THE GOVERNOR HAS SAID THE INFECTION RATE IS BELOW 3
PERCENT. WE HAVE THE CDC SAYING THAT CLOTH MASKS DO NOT PROTECT
CHILDREN FROM COVID-19 OR THE TRANSMISSION OF COVID-19; YET, WE'RE
STILL SENDING OUR KIDS INTO SCHOOL WITH CLOTH MASKS ON. THEY CANNOT
WEAR THE KN95 MASKS IN THE SCHOOL BECAUSE IT IS NOT HEALTHY FOR THEM
TO WEAR DUE TO BREATHING ISSUES. I SAY ALL THIS AS I STAND HERE WITH NO
MASK ON BECAUSE WE ARE NOW ALLOWED TO STAND IN THIS CHAMBER TODAY
WITHOUT WEARING A MASK. THE ONLY PEOPLE THAT HAVE TO WEAR A MASK AS
OF TODAY ARE OUR CHILDREN IN SCHOOL.
WE HEAR FROM PARENTS EVERY DAY, THAT IS THE PUBLIC
HEARING. WE SHOULD BE LISTENING TO THEM, LISTENING TO THEIR CONCERNS,
LISTENING TO CONCERNS OF MENTAL HEALTH. WE TALK ABOUT MENTAL HEALTH
EVERY DAY IN THIS CHAMBER; YET, WE ARE DOING NOTHING TO COMBAT THE
MENTAL HEALTH OF SOME OF THE ISSUES FOR OUR CHILDREN THAT ARE IN SCHOOL
TODAY. I WILL SPEAK AS A FATHER OF TWO YOUNG GIRLS MYSELF. I HAVE A
SIX-YEAR-OLD DAUGHTER THAT GOES TO SCHOOL WHO HAS NEVER BEEN IN
SCHOOL WITHOUT A MASK ON. IN HER THREE YEARS IN HER ELEMENTARY SCHOOL
HAS NEVER BEEN TO SCHOOL WITHOUT A MASK ON, TECHNICALLY DOES NOT
KNOW WHAT HER TEACHER'S FACE LOOKS LIKE. IF WE DON'T THINK THAT THAT HAS
SOMETHING TO DO WITH OUR CHILDREN'S MENTAL HEALTH, THIS BODY REALLY
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NEEDS TO GET IT TOGETHER.
THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
MR. TANNOUSIS.
MR. TANNOUSIS: THANK YOU, MR. SPEAKER, AS TO
THE GERMANENESS FOR THIS BILL.
THANK YOU, MR. SPEAKER, AS TO THE GERMANENESS FOR
THIS BILL. YOU KNOW, AFTER REVIEWING THE JUSTIFICATION AND INTENT OF THE
BILL-IN-CHIEF, IT'S APPARENT THAT THIS BILL IS DESIGNED TO HAVE
ACCOUNTABILITY FOR THE TAXPAYERS AND FOR THE RESIDENTS OF THIS STATE
WHEN IT COMES TO STATE AGENCIES AND THE GOVERNMENT. AND THERE'S
NOTHING BETTER THAN HOLDING THAT ACCOUNTABILITY THAN VOTING FOR THIS
AMENDMENT THAT WOULD GIVE PARENTS THE ABILITY TO DECIDE WHAT IS BEST
FOR THEIR CHILDREN. DO THE RIGHT THING. VOTE FOR THIS AMENDMENT. LET'S
BE DONE. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. IT'S PARTICULARLY
RELEVANT THAT THIS CHAPTER AMENDMENT IS COMING UP TODAY ALONG WITH
THIS PROPOSED AMENDMENT BECAUSE THE HEALTH DEPARTMENT, AS WE MEET
HERE TODAY, IS CONSIDERING PERMANENT AMENDMENTS THAT DEAL WITH
MASKING REQUIREMENTS, ISOLATION, AND A RAFT OF OTHER CHANGES. THE
BILL-IN-CHIEF PROVIDED THAT YOU COULD HAVE A PUBLIC HEARING UPON THE
REQUEST OF 125 INDIVIDUALS, AND THE CHAPTER AMENDMENT CHANGES THAT
FROM 125 TO 500. IT INCREASES THE THRESHOLD FOR THE PETITION PROCESS BY
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400 PERCENT JUST BEFORE THESE REGULATIONS DEALING WITH COVID AND
MASKING AND QUARANTINES HAD TO BE CONSIDERED AND APPROVED ON A
PERMANENT BASIS. THERE'S NO DOUBT THAT THIS LEGISLATION, THIS CHAPTER
AMENDMENT IS DESIGNED SPECIFICALLY TO MAKE IT FOUR TIMES HARDER FOR
THE PUBLIC TO DEMAND A HEARING.
AND SO THE CHAPTER AMENDMENT RECOGNIZES THAT WE
ARE ON THE CUSP OF ADOPTING THESE NEW REGULATIONS, WHICH IS WHY THE
CHAPTER AMENDMENT SAYS LET'S BE CLEAR, THESE AMENDMENTS THAT ARE
BEING PROPOSED BY THE CHAPTER AMENDMENT SHOULD NOT ALLOW THE HEALTH
DEPARTMENT TO SIDESTEP THE PUBLIC HEARING AND IMPOSE A MASK
REQUIREMENT ON OUR CHILDREN. THAT'S WHY IT'S GERMANE, BECAUSE IF WE
DON'T AMEND THIS AND SAY YOU CAN'T CHANGE THOSE REGS THAT YOU'RE
PLANNING TO CHANGE WITHIN THE NEXT FEW DAYS BY SIDESTEPPING ALL OF THE
PUBLIC HEARINGS BY REQUIRING AN INCREASE IN THE PETITION REQUIREMENTS
BY FOUR TIMES, JUST ON THE EVE OF ADOPTING THOSE REGULATIONS, THERE'S NO
WAY FOR THE PUBLIC TO STEP FORWARD.
NOW, WE HAVE KNOWN FROM THE BEGINNING OF THIS
PANDEMIC THAT OUR CHILDREN ARE THE LEAST VULNERABLE TO SERIOUS
RAMIFICATIONS. WE HAVE KNOWN THAT RIGHT FROM THE GET-GO, HAVEN'T WE?
WE KNEW THAT OUR SENIOR CITIZENS AND THOSE WITH COMORBIDITIES WERE AT
THE HIGHEST RISK, AND WE KNEW, THANKFULLY AND THANK GOD, THAT OUR
CHILDREN WERE AT THE LOWEST RISK. SO WHERE ARE WE TODAY? WELL, ALL THE
ADULTS NO LONGER HAVE TO WEAR MASKS, I'M WEARING ONE AS A COURTESY TO
MY COLLEAGUES, BUT I'M DOING IT VOLUNTARILY. SO WE NOW HAVE THE
UNIQUE SITUATION IN NEW YORK STATE WHERE OUR SENIOR CITIZENS DON'T
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HAVE TO WEAR MASKS EVEN THOUGH THEY'RE THE MOST VULNERABLE, NONE OF
THE ADULTS HAVE TO WEAR MASKS. THE ONLY ONES THAT HAVE TO WEAR MASKS
ARE THE LEAST VULNERABLE OF ALL OF OUR RESIDENTS. AND OVER AND OVER, WE
KEEP HEARING FROM EDUCATIONAL PROFESSIONALS AND MENTAL HEALTH
COUNSELORS THAT FORCING OUR CHILDREN TO GO TO SCHOOL WEARING A MASK
AND NOT BEING ABLE TO SEE THEIR TEACHER TALK AND NOT SEEING THEIR FULL
FACIAL EXPRESSION, AND NOT SEEING THEIR FRIEND'S FACE IN SCHOOL IS HAVING
A HORRIFIC IMPACT NOT ONLY ON THEIR MENTAL HEALTH, BUT ON THE
EDUCATIONAL EXPERIENCE.
ACCORDING TO THE CDC IN 2020, THE LATEST DATA, THERE
WERE OVER 29,000 CHILDREN UNDER THE AGE OF 14 THAT DIED, AND EACH ONE
IS TRAGIC. TO PUT THAT IN PERSPECTIVE, THERE WERE 134 THAT DIED FROM
COVID. AND WITH VERY FEW EXCEPTIONS, ALL OF THEM HAD SERIOUS
UNDERLYING HEALTH IMPACT. SO WE REQUIRE HUNDREDS OF THOUSANDS OF
CHILDREN TO WEAR A MASK WHEN WE KNEW AND WE KNOW AND THE DATA
PROVES IT THAT THEY'RE AT VERY LOW RISK.
THE REASON THIS CHAPTER AMENDMENT IS GERMANE IS
BECAUSE IF WE DON'T ACT AND AMEND THIS CHAPTER AMENDMENT, THIS
CHAPTER AMENDMENT WILL UNDOUBTEDLY BE SIGNED BY THE GOVERNOR
TONIGHT AND WILL RAISE THE THRESHOLD FOR A PUBLIC HEARING BY A FACTOR OF
FOUR JUST BEFORE THE HEALTH DEPARTMENT CONSIDERS REGULATIONS THAT
WOULD ALLOW THE EXTENSION AND CONTINUATION OF THIS MASK REQUIREMENT
ON CHILDREN. SO THE AMENDMENT SAYS IF YOU'RE GOING TO MAKE THE
AMENDMENTS, YOU HAVE THE LEGAL PROCESS AND THE POLICY TO DO IT, BUT
DON'T RAM DOWN MASK REQUIREMENTS THROUGH THIS AMENDMENT BY
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NYS ASSEMBLY FEBRUARY 14, 2022
UNDERCUTTING THE ABILITY OF THE PUBLIC TO PASS FOR A PUBLIC HEARING AT THE
SAME TIME. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MR. SALKA.
MR. SALKA: THANK YOU, MR. SPEAKER. MY
COLLEAGUES HAD MADE SOME VERY COMPELLING ARGUMENTS ABOUT WHY WE
SHOULD CONSIDER THE GERMANENESS OF THIS, AND I'M GOING TO GO A LITTLE BIT
FARTHER. THE QUESTION IS HOW ARE WE GOING TO BE THOUGHT OF SOME DAY
WHEN THE DATA IS FINALLY IN, WHEN THE EVIDENCE IS FINALLY IN THAT WHAT
WE DID EITHER WORKED OR IT DIDN'T. HOW ARE WE GOING TO BE THOUGHT OF
IN THE FUTURE WHEN WE LOCKED DOWN AN ENTIRE SOCIETY, CAUSED
INCREDIBLE AMOUNT OF DAMAGE BOTH TO THE ECONOMY AND TO THE
PSYCHOLOGY OF THOUSANDS, OF MILLIONS OF PEOPLE, MILLIONS; AN ENTIRE --
AN ENTIRE WORLD FOR THAT MATTER. AND HOW ARE WE GOING TO BE THOUGHT
OF SOME DAY WHEN WE LOOK BACK AND WE SEE THOUSANDS AND MILLIONS OF
CHILDREN HAVE THAT HAVE BEEN HARMED BY THIS MASK MANDATE. WHAT IS
GOING TO BE OUR LEGACY, THAT WE DESTROYED AN ENTIRE GENERATION? THAT
WE SET OURSELVES BACK YEARS UPON YEARS IN THE DEVELOPMENTAL
CHARACTERISTICS OF CHILDREN WHO WERE FORCED TO NOT BE ABLE TO RECOGNIZE
THEIR CLASSMATES, THAT WEREN'T ABLE TO BREATHE PROPERLY?
YOU KNOW, I WAS AT A STOPLIGHT AND I SAW A SCHOOL BUS
GO BY IN MY DISTRICT, AND EVERY SINGLE ONE OF THOSE CHILDREN THAT I COULD
SEE THROUGH THOSE WINDOWS HAD THEIR HEADS DOWN. NOW, I REMEMBER
WHEN I WAS ON THE SCHOOL BUS, WE HAD A GREAT TIME, WE WERE RUNNING
AROUND, PROBABLY DOING MORE THAN WE SHOULD HAVE, AND THAT'S WHEN THE
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NYS ASSEMBLY FEBRUARY 14, 2022
SCHOOL BUS DRIVER WOULD STOP AND SAY, ALL RIGHT, SETTLE DOWN. BUT
EVERY SINGLE ONE OF THOSE KIDS THAT I SAW HAD THEIR HEAD DOWN BECAUSE
THEY COULDN'T BE ALLOWED TO BE KIDS, TO RECOGNIZE THEIR CLASSMATES, TO
BE ABLE TO GROW, TO BE ABLE TO PROSPER EDUCATIONALLY AND SOCIALLY
BECAUSE OF THOSE MASKS.
AND YOU KNOW, AS A RESPIRATORY THERAPIST, I DID FIT
TESTING FOR QUITE SOME TIME AND IT'S ANECDOTAL, OF COURSE, BUT WHEN WE
WERE TESTING N95S AND WE WERE GOING THROUGH THE MANEUVERS THAT A
HEALTH CARE PROFESSIONAL WOULD DO AS THEY WERE DOING PATIENT CARE,
MOVING UP AND DOWN, MAKING THEIR HEAD GO AROUND, YOU KNOW, LIKE
THIS AND WHATEVER JUST WHILE THEY WERE DOING PATIENT CARE, CLEANING,
SOMEONE, YOU KNOW, SETTING UP AN IV, 70 PERCENT, 70 PERCENT OF THOSE
HEALTH CARE PROFESSIONALS FLUNKED THAT FIT TEST. SO WE UNDERSTAND THE
LIMITATIONS OF NOT ONLY AN N95, BUT EXTRAPOLATE THAT OUT TO THE
LIMITATIONS OF A CLOTH MASK OR A PIECE OF PAPER ON THEIR FACE.
SO JUST SOME DAY WHEN WE'RE LOOKING BACK AND WE'RE
REALIZING WHAT WE DID TO SOCIETY, WHAT WE DID TO OUR CHILDREN, I HOPE
WE'RE ABLE TO REALIZE THAT THERE WERE THINGS THAT WE DID THAT JUST WERE
NOT RIGHT. WE NEED TO BE ABLE TO GIVE PARENTS BACK THE CHOICE OF HOW
TO PROTECT THEIR CHILDREN. WHEN WE LOOK BACK SOME DAY AND WE KNOW
THAT VACCINES DIDN'T WORK THE WAY THEY WERE SUPPOSED TO, BOOSTERS
DIDN'T WORK THE WAY THEY WERE SUPPOSED TO, THE WAY WE WERE
PROMISED, AND MASKS SURE AS HECK DIDN'T WORK THE WAY THAT WE WERE
PROMISED.
SO I SAY LIFT THIS MASK MANDATE. MAKE SURE THE
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CHILDREN AND PARENTS HAVE THE LIBERTY TO LIVE LIFE IN THIS GREAT COUNTRY
WITH FREEDOM, WITH EXPRESSION, WITH THE ABILITY TO BE ABLE TO EXPRESS
WHO THEY ARE AND HAVE EACH OTHER RECOGNIZE THAT. THANK YOU, MR.
SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER, JUST BRIEFLY
ON THE GERMANENESS ISSUE. BOTH THE BILL-IN-CHIEF HERE AND THE HOSTILE
AMENDMENT DEAL WITH THE PURVIEW OF A STATE AGENCY'S RULEMAKING
AUTHORITY. I MEAN, THAT -- THAT'S IT. I DON'T SEE HOW YOU COULD FIND THIS
TO BE NOT GERMANE. IT'S -- YOU KNOW, OVER -- MUCH LIKE MY COLLEAGUES
HAVE SAID, OVER THE LAST MONTH OR SO I HAVE RECEIVED SO MANY INQUIRIES
FROM PEOPLE WITHIN MY DISTRICT, REALLY CONCERNED ABOUT THE WAY THAT
AGENCIES ARE STEPPING IN AS -- TO -- TO BASICALLY PUT INTO PLACE RULES AND
REGULATIONS THAT WE'RE NOT DEALING WITH ON THE FLOOR THAT WE HAVE
SOMETIMES ONE-HOUSE BILLS OR BILLS THAT ARE OUT THERE THAT ARE MAYBE
STUCK IN COMMITTEE OR AREN'T REALLY BEING DEALT WITH, BUT THROUGH THIS
SHADOW GOVERNMENT, THE -- THE USE OF AGENCY RULEMAKING, IT'S AN END
AROUND THE REGULAR PROCESS OF DELIBERATING AND DEBATING AND PASSING OR
NOT PASSING LEGISLATION.
SO THAT -- THAT'S BEEN A REAL AWAKENING FOR PEOPLE IN
MY DISTRICT. I HAVE BEEN ASKED TO SPEAK TO A NUMBER OF GROUPS OVER THE
LAST FEW WEEKS AND I GO IN AND I FEEL ALMOST LIKE I'M DOING A COUPLE OF
HOURS JUST ON CIVICS, YOU KNOW, THIS IS HOW -- THIS IS HOW A LAW GETS
PASSED, YOU NEED A MATCHING BILL, AND I'M GOING THROUGH THE WHOLE --
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THE WHOLE DESCRIPTION AND THEN INEVITABLY THE HAND GOES UP AND A
PERSON SAYS, BUT WHAT ABOUT THIS STATE ADMINISTRATIVE PROCEDURE ACT,
WHAT ABOUT THIS SAPA PROCEDURE? AND THEN I HAVE TO EXPLAIN THAT IN
SOME INSTANCES, THE ADMINISTRATIVE PROCEDURE ACT ALLOWS RULEMAKING
TO OCCUR THAT WE DON'T REALLY HAVE ANYTHING TO DO WITH, BUT WE CAN
HERE. WE CAN RETAKE THE AUTHORITY THAT WE SHOULD HAVE, THAT WE SHOULD
BE EXERCISING AS A WAY TO REPRESENT THE PEOPLE THAT HAVE PUT US HERE.
AND FOR THAT REASON, I BELIEVE THAT THE -- THE PROPOSED
AMENDMENT IS ABSOLUTELY GERMANE TO THE BILL-IN-CHIEF WHICH, AS MY
COLLEAGUES STATED, MAKES IT HARDER TO REQUIRE A PUBLIC HEARING ON THESE
-- ON AGENCY RULEMAKING. SO FOR THOSE REASONS, I -- I WOULD ENCOURAGE
A DIFFERENT OUTCOME AND I WOULD ENCOURAGE MY COLLEAGUES TO REJECT THE
IDEA THAT THIS HOSTILE AMENDMENT IS NOT GERMANE, TO FIND THAT IT'S
GERMANE, AND THEN LET'S DEBATE IT AND VOTE ON IT. THANK YOU, MR.
SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
MR. MANKTELOW.
MR. MANKTELOW: THANK YOU, MR. SPEAKER, ON
THE GERMANENESS OF THIS -- OF THIS AMENDMENT. I REALLY WASN'T GOING TO
SAY ANYTHING ON THIS, BUT AS I LISTEN HERE THIS AFTERNOON, I JUST REALIZED
THAT OUR -- WE WENT FROM 100-AND-SOME PEOPLE NOW TO 400 OR 500 AND
ALL OF OUR LOCAL COMMUNITIES BACK HOME, SOME OF THEM SO SMALL, IT'D
BE TOUGH FOR THEM TO PUT UP 500 PEOPLE. BUT WHY I'M SPEAKING IS
YESTERDAY MY GRANDDAUGHTER, ALIYAH, CAME OVER TO THE HOUSE. SHE HAS
ASTHMA, SHE IS FOUR YEARS OLD. EVERY DAY SHE GOES TO SCHOOL AND WEARS
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A MASK BECAUSE SHE HAS TO. SHE JUST WANTS TO TAKE IT OFF FOR A LITTLE
WHILE. SHE'S NOT ALLOWED TO. SHE HAS LONG, THICK BLOND HAIR AND
BEHIND HER EARS, THERE'S A RASH FROM THE -- FROM THE CORDS OF THE MASK
BECAUSE THEY DON'T ALL FIT RIGHT. HOW COULD I NOT SPEAK ON THIS? HOW
CAN WE, AS LEGISLATORS, ALLOW THIS TO HAPPEN, FOR ONE INDIVIDUAL TO MAKE
A DECISION FOR ANY OF OUR CHILDREN, FOR OUR GRANDCHILDREN. THIS IS NOT A
THIRD-WORLD COUNTRY. THIS IS NOT SOCIALISM. PAPA, WHEN CAN I STOP
WEARING THE MASK? WHEN CAN I BREATHE?
THERE'S A WAY TO WORK THROUGH THIS. GIVE THE KIDS THE
OPTION, GIVE THE FAMILIES THE OPTION. IF YOU WANT YOUR CHILD MASKED IN
SCHOOL, LET THAT PARENT MAKE THAT DECISION FOR THEIR CHILD. LET'S NOT ONE
PERSON MAKE IT FOR ALL OF OUR CHILDREN. BECAUSE I'M NOT GOING TO STOP.
I HAVE THE LIFE OF MY GRANDDAUGHTER TO THINK ABOUT. AND HOW DARE WE
ALLOW THIS TO HAPPEN TO SOMEONE WE DON'T EVEN KNOW? SO PLEASE, VOTE
FOR THE GERMANENESS OF THIS TO THE BILL AND LET'S DO THE RIGHT THING HERE.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. FITZPATRICK.
MR. FITZPATRICK: THANK YOU, MR. SPEAKER. THIS
BILL IS GERMANE -- OR THIS AMENDMENT, THE CHALLENGE IS GERMANE
BECAUSE FREEDOM IS ALWAYS GERMANE TO WHAT WE DO HERE. AND
RESISTING TYRANNY IS ALSO GERMANE TO WHAT WE ARE TRYING TO ACCOMPLISH
HERE. THIS IS -- LIKE MY COLLEAGUE, THE PREVIOUS SPEAKER, I HAVE A
SIMILAR STORY WITH MY OWN GRANDCHILDREN WHO ARE NOT HAPPY. MY
SEVEN-YEAR-OLD GRANDSON HATES WEARING HIS MASK BECAUSE HE FINDS IT
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NYS ASSEMBLY FEBRUARY 14, 2022
DIFFICULT TO BREATHE, AS WELL AS MY THREE-YEAR-OLD GRANDDAUGHTER. IT
MAKES ME VERY, VERY ANGRY AS A GRANDPARENT WATCHING THESE CHILDREN,
AND OTHERS, SUFFER IN THESE CLASSROOMS WHEN THERE ARE THOUSANDS OF
PEOPLE AT THE SUPER BOWL LAST NIGHT PARTYING, TODAY CHILDREN IN
CALIFORNIA HAVE TO WEAR A MASK. THIS IS NONSENSE. IT'S GOT TO STOP.
THIS IS TYRANNY AND WE'RE MAKING IT MORE DIFFICULT FOR PEOPLE TO
EXPRESS THEIR CONCERNS FOR WHAT THIS BILL-IN-CHIEF IS TRYING TO
ACCOMPLISH.
WE'RE ALL FED UP WITH THIS. IT'S GOT TO STOP. AND I
WANT TO ASK THE GOVERNOR, WITH ALL DUE RESPECT, LISTEN TO THE PEOPLE OF
THE STATE OF NEW YORK, THE PARENTS WHO WANT THEIR CHILDREN SET FREE,
THEY WANT THEIR CHILDREN TO BREATHE SO THEY CAN LEARN. THEY WANT THEIR
CHILDREN WITHOUT MASKS SO THEY CAN CONTINUE TO DEVELOP. THIS HAS GOT
TO STOP. GOVERNOR, I HOPE YOU'RE LISTENING BECAUSE THIS IS A VERY, VERY
IMPORTANT YEAR FOR ALL OF US. BUT OUR CHILDREN HAVE GOT TO STOP BEING
ABUSED BY BUREAUCRATS IN THE DEPARTMENT OF HEALTH WHO KNOW VERY
WELL THAT THE SCIENCE SAYS THEY DON'T NEED TO WEAR A MASK. THEY ARE
THE LOWEST RISK.
THE TYRANNY HAS TO END. THIS MADNESS HAS TO END.
PLEASE SUPPORT THIS AMENDMENT. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. MCDONOUGH.
MR. MCDONOUGH: THANK YOU, MR. SPEAKER. YOU
KNOW, I THINK BACK, EVERY ONE OF THE PEOPLE OUT THERE VOTED FOR THEIR
REPRESENTATIVES, 150 OF US WHO ARE SITTING HERE TODAY ARE THOSE
REPRESENTATIVES THAT THEY SELECTED. AND THE IDEA IS THAT WE ARE THEIR
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REPRESENTATIVES. NOW, TALK ABOUT THE GERMANENESS OF THIS BILL. WE
THINK IT'S GERMANE. AND ONCE IT'S DECIDED THAT IT IS GERMANE, THEN IT
WOULD GO TO A VOTE. AND THEN EVERY MEMBER HAS TO STOP AND THINK,
HOW MANY CALLS DID THEY GET IN THEIR OFFICE REGARDING THIS MASK
MANDATE, AND HOW MANY WERE FOR IT AND HOW MANY WERE AGAINST IT.
WE REPRESENT THOSE PEOPLE, AND WE HAVE TO DO WHAT THEY ASK US TO DO,
AND THAT'S TO REPRESENT THEM. AND WHEN THE OVERWHELMING CALLS THAT
I'VE GOTTEN IN MY OFFICE AND I'M SURE EVERY MEMBER HAS GOTTEN MOST
CALLS AGAINST IT, NOT FOR IT. NOT PEOPLE SAYING, OH, KEEP MASKING MY
CHILD. NO. THEY GO TO THEIR REPRESENTATIVE AND THEY SAY, WE DON'T
WANT THIS. I'M ONE OF THOSE REPRESENTATIVES, AS EVERYBODY ELSE IN THIS
CHAMBER IS, AND I THINK WE WERE ELECTED TO REPRESENT THEM. THIS IS NOT
REPRESENTING THEM. IF WE VOTE THIS AS NOT GERMANE THEN IT'S DEAD, IT IS
GERMANE. AND THEN LETTING IT GO TO THE WHOLE HOUSE TO DECIDE ON A
VOTE AND LET THEM TELL THEIR CONSTITUENTS, THIS IS HOW I VOTED TO
REPRESENT YOU. THAT'S IT. WE ARE A REPRESENTATIVE GOVERNMENT AND
THAT'S OUR JOB TO DO, AND WE HAVE TO LISTEN TO THE PEOPLE. AS I SAID
BEFORE, I WOULD IMAGINE THAT 90 PERCENT OF THE CALLS THAT EVERY MEMBER
HAS RECEIVED IN THEIR OFFICE HAS BEEN AGAINST THE MASK MANDATE. SO
EVERYBODY THINK ABOUT THIS WHEN YOU VOTE.
THANK YOU VERY MUCH, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, MR.
MCDONOUGH.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
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NYS ASSEMBLY FEBRUARY 14, 2022
SPEAKER. I -- I RESPECT AND ADMIRE THE POSITION YOU TAKE IN SAYING THAT
THIS AMENDMENT IS NOT GERMANE, BECAUSE IT IS NOT. AND I ALSO RESPECT
AND ADMIRE THE (INAUDIBLE) THAT YOU HAVE, AS WELL AS HOW ALL THE REST OF
US HAVE HAD, TO LISTEN TO OUR COLLEAGUES TO TRY TO SUGGEST HOW IT IS
GERMANE BY BASICALLY TALKING ABOUT AN ISSUE THAT'S IMPORTANT TO THEM.
AND I WANT TO SAY THAT I THINK THE PERSON WHO IS THE SPONSOR OF THIS
LEGISLATION CARES AS MUCH ABOUT THE CHILDREN IN HIS FAMILY AS THEY DO
ABOUT THE CHILDREN IN THEIR COMMUNITIES. AND I'M CONFIDENT THAT MOST
OF MY COLLEAGUES CARE AS MUCH ABOUT THE CHILDREN IN THEIR COMMUNITIES
AS WELL. I DO KNOW THAT, YOU KNOW, IN THESE POSITIONS THERE ARE PEOPLE
WHO ARE -- AND AGENCIES, THE HEAD OF AGENCIES THAT ARE SELECTED BY THE
EXECUTIVE BRANCH OF GOVERNMENT AND SOMETIMES CONFIRMED BY THE
SENATE THAT SERVE THESE ROLES. AND IT'S A ROLE THAT THEY'RE SERVING. AND
I WON'T SAY THAT WE ALWAYS WILL DISAGREE WITH IT, BUT I DO THINK THAT
SOMETIMES WE HAVE TO HONOR THEIR OPINION. AND I THINK IN THIS CASE
THIS IS ONE OF THOSE TIMES THAT WE HAVE TO HONOR THAT OPINION. NOT
BECAUSE IT HAS ANYTHING TO DO WITH NECESSARILY THE BILL THAT WAS PUT --
THE BILL-IN-CHIEF, BUT BECAUSE OUR COLLEAGUES HAVE SPOKE SO
PASSIONATELY ABOUT IT. I THINK WE HAVE TO GIVE IT SOME CONSIDERATION.
BUT IT DOESN'T BELONG ATTACHED TO THIS BILL. AND IF THERE ARE SOME BILLS
OUT THAT THERE WHERE THIS IS BEING DEALT WITH, THEN LET'S TALK ABOUT THAT.
BECAUSE QUITE HONESTLY, IT'S ALMOST UNFAIR FOR THE TIME THAT WE SPEND
HERE FOR PEOPLE TO HAVE AN OPPORTUNITY TO CAMPAIGN. AND TO -- AND I
THINK THERE ARE MANY CASES THAT WE CAN LOOK BACK AND IF THIS WAS THE
OTHER PARTY, WE WOULDN'T BE MINDING THE CDC. WE WOULD SAY THIS BILL
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NYS ASSEMBLY FEBRUARY 14, 2022
IS NOT EVEN A PROBLEM. WELL, IT IS A PROBLEM. IT'S DAMAGING OUR
ECONOMY, PEOPLE HAVE LOST THEIR LIVES AND CHILDREN ARE IN JEOPARDY.
NOT BECAUSE THE CDC SAID THEY ARE OR THEY'RE NOT. NOT BECAUSE THE
HEALTH COMMISSIONER SAYS THEY ARE OR THEY'RE NOT. IT'S BECAUSE THERE'S
A VIRUS THAT'S STILL OUT THERE THAT COULD VERY MUCH -- VERY MUCH IMPACT
THEM. AND I THINK THAT WE --
ACTING SPEAKER AUBRY: MR. TAGUE --
MRS. PEOPLES-STOKES: -- AS CONCERNED ABOUT
THAT AS WE ARE CONCERNED ABOUT CHANGING THE DIRECTION OF THE
BILL-IN-CHIEF. LET'S KEEP THE BILL-IN-CHIEF AS IT IS AND MOVE FORWARD,
MR. SPEAKER.
MR. TAGUE: MADAM MAJORITY LEADER, WILL YOU
YIELD?
MRS. PEOPLES-STOKES: NO, SIR. I WILL NOT.
ACTING SPEAKER AUBRY: THE MAJORITY LEADER
DOES NOT YIELD.
MR. TAGUE: THANK YOU. MY OTHER 15 MINUTES,
THEN.
ACTING SPEAKER AUBRY: YOU CERTAINLY HAVE
THAT -- YOU HAVEN'T SPOKEN BEFORE, YOU HAVE THAT RIGHT.
MR. TAGUE: THANK YOU, MR. SPEAKER. THERE'S A
COUPLE OF THINGS THAT MADAM MAJORITY LEADER HAD MENTIONED
(INAUDIBLE/MIC NOT ON).
ACTING SPEAKER AUBRY: HOLD -- HOLD ONE
MINUTE, MR. TAGUE.
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NYS ASSEMBLY FEBRUARY 14, 2022
(PAUSE)
MR. TAGUE, FIRST OF ALL, YOU WERE OUT OF ORDER TRYING TO
INTERRUPT THE MAJORITY LEADER AS SHE WAS EXPLAINING THE TALK ABOUT
GERMANENESS. AND YOU CANNOT TALK ABOUT THE BILL-IN-CHIEF.
MR. TAGUE: YOU RECOGNIZED ME, SIR.
(INAUDIBLE/MIC NOT ON.)
ACTING SPEAKER AUBRY: AND -- AND, AS I
WOULD IF YOU STOOD UP BECAUSE I WOULD ALWAYS ASK YOU WHY YOU STAND.
BUT WHEN YOU EXPLAIN (INAUDIBLE) TO IT, THEN --
MR. TAGUE: WELL, I THINK THERE WAS SOME
IMPORTANT QUESTIONS (INAUDIBLE/MIC NOT ON).
ACTING SPEAKER AUBRY: WELL, WE'RE SPEAKING
TO GERMANENESS NOW AND YOU'RE NOT ARGUING THE BILL-IN-CHIEF. SO WE'RE
SPEAKING TO THE GERMANENESS OF THE BILL BASED ON MY RULING THAT THE
AMENDMENT WAS NOT GERMANE.
MR. TAGUE: I THINK IT'S OBVIOUS IT'S GERMANE.
ACTING SPEAKER AUBRY: OKAY. SO, MR.
GANDOLFO APPEALS THE DECISION OF THE CHAIR. THE QUESTION BEFORE THE
HOUSE IS SHALL THE DECISION OF THE CHAIR STAND AS THE JUDGMENT OF THE
HOUSE. THOSE WHO ARE VOTING YES VOTE TO SUSTAIN THE RULING OF THE
CHAIR. THOSE VOTING NO VOTE TO OVERRIDE THE DECISION OF THE CHAIR.
THE CLERK WILL RECORD THE VOTE. 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.
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NYS ASSEMBLY FEBRUARY 14, 2022
MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. THE
REPUBLICAN CONFERENCE GENERALLY SUPPORTS THIS AMENDMENT. HOWEVER,
IF THERE ANY MEMBERS THAT DO NOT SUPPORT THE PROPOSED AMENDMENT
THEY SHOULD CONTACT THE MINORITY LEADER'S OFFICE AND WE'LL RECORD THEIR
VOTE ACCORDINGLY. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER, FOR THE OPPORTUNITY TO REMIND MY COLLEAGUES THAT THIS WILL BE
-- SHOULD BE A VOTE IN THE AFFIRMATIVE, AFFIRMING YOUR DECISION THAT THE
AMENDMENT IS NOT GERMANE AND THAT MEMBERS ARE ASKED TO SUPPORT
YOUR DECISION. THOSE DECIDING THAT THEY CANNOT, THEY SHOULD CONTACT
THE MAJORITY LEADER'S OFFICE AND WE WILL BE PLEASED TO RECORD THEIR
VOTE.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
MR. GOODELL: MR. SPEAKER, IF I MAY INTERRUPT.
THE REPUBLICAN CONFERENCE GENERALLY SUPPORTS THE AMENDMENT, WHICH
MEANS WE ARE GENERALLY OPPOSED TO YOUR RULING ON GERMANENESS.
ACTING SPEAKER AUBRY: WELL, WE ARE VOTING
ON GERMANENESS AT THE MOMENT.
MR. GOODELL: RIGHT. WE'RE VOTING ON
GERMANENESS. SO, THE REPUBLICAN CONFERENCE BELIEVES THIS IS
GERMANE, WHICH I BELIEVE MEANS WE VOTE TO OVERTURN THE SPEAKER'S
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NYS ASSEMBLY FEBRUARY 14, 2022
RULING.
ACTING SPEAKER AUBRY: EXACTLY RIGHT.
MR. GOODELL: THANK YOU, SIR.
(THE CLERK RECORDED THE VOTE.)
MRS. PEOPLES-STOKES: (INAUDIBLE), MR.
SPEAKER. I BELIEVE YOU UNDERSTOOD ME THOROUGHLY THAT WE ARE VOTING
TO SUPPORT YOUR DECISION.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, WOULD YOU
PLEASE RECORD OUR COLLEAGUES MR. STERN, MS. WALLACE AND MS.
BUTTENSCHON IN THE NEGATIVE ON --
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU.
ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE RULING OF THE CHAIR IS SUSTAINED ON THE BILL.
MR. MAMDANI, AN EXPLANATION IS REQUESTED.
MR. MAMDANI: GOOD EVENING. GOOD EVENING.
AN EXPLANATION OF THIS BILL -- WOULD YOU LIKE AN EXPLANATION OF THE BILL
OR OF THE CHAPTER AMENDMENT?
MR. LAWLER: OF THE CHAPTER AMENDMENT.
MR. MAMDANI: THE CHAPTER AMENDMENT CHANGES
SOME OF THE THRESHOLDS OF PETITIONING FROM 125 TO 500, AND THEN FOR
TWO SPECIFIC AGENCIES TO 750. IT ALSO CHANGES THE DATE ON WHICH THE
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NYS ASSEMBLY FEBRUARY 14, 2022
BILL WILL BECOME APPLICABLE INTO LAW TO THE 1ST OF JANUARY OF NEXT YEAR.
ADDITIONALLY, IT CHANGES THE DEADLINE BY WHICH THESE PETITIONS HAVE TO
BE RECEIVED FROM 20 DAYS BEFORE THE END OF THE PUBLIC COMMENT PERIOD
TO 30 DAYS BEFORE THE END OF THE PUBLIC COMMENT PERIOD. ALL OF THESE
CHAPTER AMENDMENTS WERE MADE FOLLOWING FEEDBACK FROM VARIOUS
AGENCY HEADS AS TO THE WAYS IN WHICH THIS BILL COULD ACTUALLY BE PUT
INTO LAW AND ENFORCED.
MR. LAWLER: THANK YOU. WILL THE SPONSOR YIELD?
ACTING SPEAKER AUBRY: MR. MAMDANI, WILL
YOU YIELD?
MR. MAMDANI: IT TAKES GREAT PATIENCE, BUT I WILL.
MR. LAWLER: WHAT WAS YOUR ORIGINAL INTENT OF THE
BILL?
MR. MAMDANI: IT DEFINITELY WASN'T THE PREVIOUS
AMENDMENT, I CAN TELL YOU THAT. BUT THE ORIGINAL INTENT OF THIS BILL WAS
TO ENSURE THAT NEW YORKERS HAVE A GREATER ABILITY TO HOLD AGENCIES
ACCOUNTABLE AS TO THEIR RULE CHANGES. AND THEY'D HAVE A GREATER MEANS
BY WHICH TO BE HEARD BECAUSE THE BILL ALSO PERMITS HEARINGS TO TAKE
PLACE EVENINGS AS WELL AS WEEKENDS, AND CHANGES THE FORMAT TO ALLOW
INDIVIDUALS TO ASK AGENCY REPRESENTATIVES QUESTIONS DIRECTLY.
MR. LAWLER: SO WOULD -- WOULD YOU SAY THAT
ACCOUNTABILITY AND TRANSPARENCY ARE TWO WORDS THAT YOU WOULD'VE USED
TO DESCRIBE THE INTENT OF YOUR BILL?
MR. MAMDANI: I WOULD.
MR. LAWLER: OKAY. IN THE GOVERNOR'S APPROVAL
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NYS ASSEMBLY FEBRUARY 14, 2022
MEMO SHE SAID THAT THERE ARE PROBLEMATIC PORTIONS AND THAT SHE CAME
TO AN AGREEMENT WITH THE LEGISLATURE. WHAT WAS PROBLEMATIC WITH THE
ORIGINAL BILL, AND WHAT WAS THE AGREEMENT?
MR. MAMDANI: I THINK THE THINGS THAT WERE FOUND
TO BE PROBLEMATIC WERE THE CHANGES THAT I SPECIFIED EARLIER. THE
THRESHOLDS, THE -- THE DATES BY WHICH THINGS WERE DUE. AND ALL OF THIS
COMES FROM THE FACT THAT WE WANT TO ENSURE THAT WE CREATE LAWS THAT
ARE NOT SIMPLY UNFUNDED OR INENFORCEABLE -- UNENFORCEABLE, RATHER.
AND SO THESE AGENCY HEADS MADE CLEAR THAT IF THE LAW PASSED IN ITS
ORIGINAL LANGUAGE, THEY WOULD NOT ACTUALLY BE ABLE TO CARRY IT OUT. SO
THESE ARE CHANGES WHICH ALLOW FOR IT TO TRULY BE CARRIED OUT.
MR. LAWLER: SO, HOW WOULD 125 RESIDENTS OF THE
STATE OF NEW YORK PETITIONING AN AGENCY MAKE IT HARDER TO CARRY OUT
THAT AGENCY'S MISSION AS OPPOSED TO 500 OR 750?
MR. MAMDANI: I THINK WHAT IT DOES IS IT RAISES THE
THRESHOLD TO ENSURE THAT AN AGENCY IS NOT GOING TO BE HOLDING AS MANY
HEARINGS AS WOULD BE POSSIBLE AT 125 VERSUS 500. RAISING THE
THRESHOLD I THINK, YOU KNOW -- I UNDERSTAND WHAT YOU'RE GETTING AT, BUT
I THINK THAT I WOULD ALSO UNDERLINE IS THAT THIS JUST MEANS IT'S A LITTLE
MORE STRENUOUS OF AN ORGANIZING OPPORTUNITY, BUT IT MEANS THAT NEW
YORKERS GET A CHANCE TO SPEAK TO MORE OF THEIR NEIGHBORS IN TRYING TO
MAKE THIS HAPPEN. I DON'T BELIEVE THAT 500 OR 750 SIGNATURES IS OUT OF
REACH FOR ANY ORGANIZER THAT IS ANGERED BY ANY RULE OR INTERESTED IN
HEARING MORE DIRECT FEEDBACK BY IT. IF I DID BELIEVE IT WAS PROHIBITIVE,
I WOULD NOT HAVE AGREED TO THESE CHAPTER AMENDMENTS.
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NYS ASSEMBLY FEBRUARY 14, 2022
MR. LAWLER: OKAY. WHAT IS THE DIFFERENCE
BETWEEN THE STATE EDUCATION DEPARTMENT, LET'S SAY, AND CHANGING IT
FROM 125 TO 500 VERSUS THE DEPARTMENT OF HEALTH AND CHANGING IT TO
750? WHY THE DISCREPANCY IN -- IN THE NUMBER OF SIGNATURES REQUIRED?
MR. MAMDANI: MY OPINION IS THAT THE DISCREPANCY
COMES TO THE AMOUNT OF APPLICABLE RULES WITHIN THOSE TWO AGENCIES.
BUT I CAN ALSO CHECK WITH COUNSEL TO MAKE SURE. THAT IS CORRECT.
MR. LAWLER: OKAY. SO YOU BELIEVE THAT TO
PETITION THE DEPARTMENT OF HEALTH SHOULD REQUIRE 250 MORE RESIDENTS
THAN TO PETITION THE DEPARTMENT OF EDUCATION.
MR. MAMDANI: THESE CHAPTER AMENDMENTS ARE
NOT THE END RESULT OF PURELY MY BELIEFS, THEY'RE ALSO THE RESULT OF HOW
WE COME ABOUT TO A THREE-WAY COMPROMISE ON LEGISLATION TO BE
ENACTED.
MR. LAWLER: FAIR ENOUGH. DO YOU THINK THAT
RAISING THE SIGNATURE THRESHOLD IS IN KEEPING WITH THE SMALL D
DEMOCRATIC PRINCIPLES OF THE GREAT STATE OF NEW YORK?
MR. MAMDANI: I THINK THAT RAISING THE THRESHOLD IS
IN KEEPING WITH THE PROMISE THAT I HAVE MADE TO MY CONSTITUENTS THAT I
WOULD USE MY TIME IN THE LEGISLATURE TO PASS BILLS WHICH COULD
ACTUALLY SEE THE LIGHT OF DAY AND THE WAY THAT THEY ARE ENFORCED AND PUT
INTO PRACTICE. BECAUSE AT THE END OF IT, WHAT I WANT TO ENSURE IS THAT WE
CAN PASS A LAW THAT THESE AGENCIES WOULD ACTUALLY ABIDE BY AND HOLD
HEARINGS FOR. AND SO THEY HAVE SAID THAT THEY REQUIRE AN ADDITIONAL
250 SIGNATURES IN ORDER TO ENSURE THAT THEY CAN ACTUALLY HOLD THOSE
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NYS ASSEMBLY FEBRUARY 14, 2022
HEARINGS, AND I'M WILLING TO TAKE THEIR WORD AT IT BECAUSE THIS IS ALSO A
PILOT PROGRAM. IF IT DOES NOT SEEM TO BE THE CASE, THEN WE WILL CHANGE
THE LAW IN THE FUTURE.
MR. LAWLER: SO THIS APPLIES TO STATE AGENCIES.
DO YOU THINK NEW YORKERS SHOULD HAVE THE ABILITY TO PETITION THEIR
LEGISLATORS, FOR INSTANCE, ON LEGISLATION?
MR. MAMDANI: CAN YOU EXPAND ON THAT?
MR. LAWLER: DO YOU THINK THAT, FOR INSTANCE, IN
OTHER STATES THERE IS AN INITIATIVE AND REFERENDUM WHICH ALLOWS NEW
YORKERS TO PETITION TO BRING LEGISLATION ON TO THE BALLOT? THIS IS ABOUT
AGENCY REGS, OBVIOUSLY, AND THE ABILITY OF NEW YORKERS TO PETITION
AGENCIES ON THOSE PROPOSED REGULATIONS. DO YOU THINK NEW YORKERS
SHOULD HAVE THE ABILITY TO PETITION THEIR ELECTED REPRESENTATIVES ABOUT
PROPOSED LEGISLATION?
MR. MAMDANI: I'M IN FAVOR OF ANY MEASURE THAT
WOULD INCREASE THE LEVEL OF DEMOCRACY WITHIN OUR STATE. BUT I WOULD
GLADLY SPEAK TO YOU ABOUT THIS OUTSIDE OF THE CHAMBER IN TERMS OF
SPECIFICS TO THESE KINDS OF RULES, GIVEN THAT THEY'RE NOT - IN THE WORDS OF
THE CHAMBER - GERMANE TO TODAY'S DISCUSSION.
MR. LAWLER: AS SOME PEOPLE THINK YOU AND I ARE
BROTHERS, I WOULD WELCOME THAT DISCUSSION. BUT I GUESS THE QUESTION IS
REALLY ULTIMATELY, IF THIS IS ABOUT TRANSPARENCY AND ACCOUNTABILITY FOR
STATE GOVERNMENT AND STATE AGENCIES, AREN'T WE MAKING IT HARDER FOR
NEW YORKERS TO PETITION THEIR GOVERNMENT BY RAISING THE SIGNATURE
REQUIREMENT?
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NYS ASSEMBLY FEBRUARY 14, 2022
MR. MAMDANI: I WOULD ARGUE THAT IN RAISING -- IN
AGREEING TO THESE CHAPTER AMENDMENTS THAT WERE PROPOSED AT THE
RECOMMENDATION OF THESE VERY AGENCIES, WE ARE ENSURING THAT THIS LAW
ACTUALLY HAS A CHANCE TO SEE THE LIGHT OF DAY AND BE ENFORCED. IF WE DO
NOT AGREE TO THESE CHAPTER AMENDMENTS AND WE INSIST ON IT BEING AT 500
SIGNATURES, THERE IS A POSSIBILITY THAT THIS LAW COULD BE VETOED BY THE
EXECUTIVE AS IT HAD BEEN PRIOR BY THE PREVIOUS EXECUTIVE. AND YES, I
UNDERSTAND THERE ARE SOME WHO CONFUSE US, BUT WE ARE BOTH
LOUD-MOUTHED FRESHMAN LEGISLATORS. MINORITIES IN DIFFERENT SENSES;
YOU'RE REPUBLICAN, I'M BROWN. BUT YES, THERE ARE SOME DIFFERENCES.
MR. LAWLER: I WOULD JUST REMIND YOU THAT THERE
ARE SUPERMAJORITIES IN BOTH HOUSES, AND THE MAJORITY CERTAINLY, IF THEY
EVER SO CHOSE, COULD OVERRIDE THE GOVERNOR'S VETO. AND I RECALL
READING THIS MORNING IN A PROFILE ON THE SPEAKER ANOTHER INDIVIDUAL
SAYING -- TALKING ABOUT, WE HAVE THE VOTES, WE HAVE THE VOTES. AND
YOU GUYS CERTAINLY HAVE THE VOTES IF YOU EVER WANT TO USE IT TO OVERRIDE
THE GOVERNOR. IN THE -- WHAT WAS THE IMPETUS FOR THE CHANGE FROM 20
DAYS TO 30 DAYS?
MR. MAMDANI: I THINK THAT JUST ENSURES THAT
THERE'S A GREATER AMOUNT OF TIME FOR THE AGENCIES TO RESPOND.
MR. LAWLER: DOESN'T IT LIMIT THE TIME IN WHICH
RESIDENTS MAY BE ABLE TO CIRCULATE AND GATHER SIGNATURES? SO NOT ONLY
ARE WE INCREASING THE NUMBER OF SIGNATURES REQUIRED, WE'RE ACTUALLY
DECREASING THE TIME BY WHICH THEY CAN SUBMIT THEM AFTER BEING
NOTIFIED THAT THERE'S EVEN A PROPOSED REGULATION. SO NOT ONLY ARE WE
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NYS ASSEMBLY FEBRUARY 14, 2022
MAKING IT HARDER ON THE SIGNATURE END OF IT, WE'RE ACTUALLY SHORTENING
THE PERIOD OF TIME TO COLLECT THOSE SIGNATURES.
MR. MAMDANI: WE ARE SHORTENING THE PERIOD, BUT
I THINK AS WITH ALL OF THESE CHAPTER AMENDMENTS THERE ALSO COMES A
DECISION THAT WE MAKE AS TO WHETHER SOMETHING IS WORTH VOTING DOWN
TO THE EXTENT OF USING THE SUPERMAJORITY. AND I DO SINCERELY BELIEVE
THAT THESE CHANGES, WHILE DIFFERENT FROM THE ONES THAT I HAD PUT
FORWARD IN MY BILL, ARE NOT TO THE EXTENT REQUIRED THAT WE WOULD NEED
TO VOTE THIS DOWN. AND I TELL YOU THAT AS SOMEBODY WHO HAS
PREVIOUSLY VOTED AGAINST CHAPTER AMENDMENTS WITH THAT VERY CONCERN.
MR. LAWLER: THANK YOU.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. LAWLER: THANK YOU. SO, WHAT I FIND VERY
INTERESTING IS I -- I THINK THE SPONSOR'S ORIGINAL INTENT IS VERY LAUDABLE
AND WAS TO BRING ACCOUNTABILITY AND TRANSPARENCY TO STATE GOVERNMENT
AND STATE AGENCIES. AND THE PREVIOUS AMENDMENT THAT WAS PROPOSED
WAS INTENDED TO DO THAT, TO BRING ACCOUNTABILITY TO STATE GOVERNMENT
AND TO ALLOW THE REPRESENTATIVES OF THE PEOPLE TO HAVE A SAY IN
LEGISLATING AND GOVERNING. AND WHAT I THINK IS UNFORTUNATE ABOUT THIS
CHAPTER AMENDMENT IS THAT THIS IS ANOTHER ATTEMPT BY THE EXECUTIVE TO
LIMIT OUR LEGISLATIVE AUTHORITY, AND ANOTHER ATTEMPT BY THE EXECUTIVE TO
LIMIT THE POWER OF THE PEOPLE. THE EXECUTIVE'S PROPOSED CHAPTER
AMENDMENT WOULD INCREASE THE NUMBER OF SIGNATURES REQUIRED TO
PETITION AN AGENCY. AND WHAT IS ALARMING IS THAT THE EXECUTIVE IS
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NYS ASSEMBLY FEBRUARY 14, 2022
TRYING TO DIFFERENTIATE BETWEEN AGENCIES. THE IDEA THAT SOMEHOW THE
DEPARTMENT OF HEALTH SHOULD REQUIRE 750 SIGNATURES BUT THE
DEPARTMENT OF EDUCATION SHOULD ONLY REQUIRE 500 IS -- IS VERY ARBITRARY
AND CAPRICIOUS. THE BOTTOM LINE IS THAT THE DEPARTMENT OF HEALTH, AS
WE POINTED OUT IN OUR AMENDMENT, IS PROPOSING TO -- TO MAKE
PERMANENT AND LASTING REGULATIONS BASED ON TEMPORARY POWERS IT WAS
GIVEN DURING THE PANDEMIC. AND THE FACT THAT THAT SOMEHOW REQUIRES
750 SIGNATURES, 250 MORE THAN OTHER AGENCIES, IS TROUBLE. AND I THINK
THE SPONSOR'S ORIGINAL INTENT WAS RIGHT. UNELECTED BUREAUCRATS SHOULD
NOT HAVE MORE AUTHORITY THAN THIS BODY. THIS BODY SHOULD BE COMING
UP WITH LAWS THAT ARE IMPLEMENTED BY THE EXECUTIVE. THE EXECUTIVE
SHOULD NOT BE TAKING AWAY OUR LEGISLATIVE AUTHORITY, AND THE EXECUTIVE
CERTAINLY SHOULD NOT BE MAKING IT MORE DIFFICULT FOR THE PEOPLE OF THE
STATE OF NEW YORK TO PETITION ITS GOVERNMENT. AND I THINK, AS THE
SPONSOR SAID, 150 -- 125 TO 500 OR 750 IS NOT THAT MANY MORE
SIGNATURES. THAT MAY BE THE CASE, BUT THEN THERE'S REALLY NO REASON TO
DO IT AT ALL. IT'S ABOUT CONTROL AND IT'S ABOUT LIMITING THE VOICE OF THE
PEOPLE. AND I THINK WE, AS A BODY, NEED TO TAKE BACK OUR LEGISLATIVE
AUTHORITY AND OVERSIGHT, AND STOP ALLOWING THE EXECUTIVE MORE AND
MORE POWER WITH EVERY PASSING BILL. LAST WEEK WE HAD CHAPTER
AMENDMENTS ALLOWING THE EXECUTIVE MORE APPOINTMENTS TO VARIOUS
BOARDS. IT'S A SLOW CREEP AND IT LIMITS THE AUTHORITY THAT THE PEOPLE OF
THE STATE OF NEW YORK HAVE VESTED IN US, NOT UNELECTED BUREAUCRATS.
AND SO WHILE I THINK THIS BILL IS IMPORTANT AND I THINK
IT SHOULD PASS, I WOULD ENCOURAGE MY COLLEAGUES TO VOTE NO ON THIS
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NYS ASSEMBLY FEBRUARY 14, 2022
CHAPTER AMENDMENT AND TO USE OUR LEGISLATIVE PREROGATIVE WITH
SUPERMAJORITIES IN BOTH HOUSES TO OVERRIDE THE GOVERNOR'S VETO. AND
SO I ENCOURAGE ALL OF MY COLLEAGUES TO VOTE NO ON THIS AMENDMENT.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
MS. GIGLIO.
MS. GIGLIO: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD?
ACTING SPEAKER AUBRY: MR. MAMDANI, WILL
YOU YIELD?
MR. MAMDANI: I YIELD.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MS. GIGLIO: OKAY. ARE YOU FAMILIAR WITH A
PETITION THAT WAS SUBMITTED BY A COUPLE OF RESIDENTS IN MY DISTRICT TO
THE DEPARTMENT OF HEALTH? IT CONTAINED 200 ORIGINAL SIGNATURES AND
3,000 ELECTRONIC SIGNATURES REQUESTING A PUBLIC HEARING ON THESE
CHANGES.
MR. MAMDANI: I -- I AM NOT FAMILIAR. I ALSO DON'T
KNOW WHAT "THESE CHANGES" REFERS TO.
MS. GIGLIO: "THESE CHANGES" REFER TO THE RULES THAT
ARE CURRENTLY BEING CONSIDERED UNDER SAPA AND FACE COVERINGS
HAPPEN TO BE ONE OF THEM.
MR. MAMDANI: OKAY. THANK YOU FOR --
MS. GIGLIO: SO YOU'RE FAMILIAR WITH IT NOW?
MR. MAMDANI: I -- I'M NOW FAMILIAR WITH WHAT IT
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NYS ASSEMBLY FEBRUARY 14, 2022
REFERS TO, BUT NOT WITH THE PETITION THAT WAS SUBMITTED BY YOUR
CONSTITUENTS.
MS. GIGLIO: OKAY. BECAUSE I'M BEING TOLD BY THE
PEOPLE THAT HAD SUBMITTED THE PETITION THAT THEY WERE COMPLETELY
IGNORED. THEY TOLD US THAT THEY RECEIVED AN E-MAIL AND THERE WAS NO
RESPONSE AND THEY FORWARDED IT TO TWO DIFFERENT PEOPLE TO BASICALLY GET
RID OF US. THAT'S WHAT I'M BEING TOLD BY ONE OF MY CONSTITUENTS. THAT
THEY HAD 200 LIVE SIGNATURES AND ACTUALLY 4,449 ELECTRONIC SIGNATURES.
SO I WOULD ASK YOU THAT SEEING AS THE 125 SIGNATURES -- MORE THAN 125
SIGNATURES WERE SUBMITTED TO THE DEPARTMENT OF HEALTH PRIOR TO WHAT I
BELIEVE YOU WILL BE ADOPTING THIS AFTERNOON AND THE SENATE PROBABLY
WILL BE ALSO, WOULD YOU SAY THAT A PUBLIC HEARING WAS IN ORDER?
MR. MAMDANI: AS PER THE LANGUAGE OF THE
ORIGINAL LEGISLATION, IT WAS DECEMBER 15TH THAT THE PROPOSAL WAS PUT IN
PLACE WITH THE DEPARTMENT OF HEALTH. THE LANGUAGE OF THIS LEGISLATION
BEFORE HAVING THE CHAPTER AMENDMENTS REQUIRED THAT ALL PETITIONS BE
SUBMITTED 20 DAYS BEFORE THE END OF THE PUBLIC COMMENT PERIOD. SO IF
THOSE PETITIONS WERE SENT AT THAT TIME, THEN IT WOULD PERHAPS MATCH THE
INTENT OF THIS LEGISLATION. BUT THE ISSUE IS IS THAT THIS LEGISLATION WAS
NOT SIGNED INTO LAW, AND AS A REQUEST BY THE REPUBLICANS -- BY ALL OF
YOU, RATHER, THE PARTY -- WAS LAID ASIDE AND SO WE'RE DEBATING IT TODAY.
AND SO THERE IS NO -- IT DOES NOT HAVE ANY AFFECT ON THE EXISTING LAW AT
THIS MOMENT UNTIL WE PASS IT.
MS. GIGLIO: OKAY, SO, TERRIFIC. THAT -- SO THIS --
THIS WAS SENT TO THE DEPARTMENT OF HEALTH -- I'M LOOKING AT THE LETTER
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NYS ASSEMBLY FEBRUARY 14, 2022
RIGHT NOW -- ON JANUARY 31ST OF 2022. SO, THEREFORE, WOULD YOU SAY
THAT THE REQUEST WITH THE SIGNATURES OF MORE THAN 125 WOULD WARRANT A
PUBLIC HEARING ON THESE CHANGES?
MR. MAMDANI: BY THIS BILL?
MS. GIGLIO: YES.
MR. MAMDANI: THE -- THE -- ORIGINAL -- WHETHER
THE ORIGINAL LEGISLATION OR THE CHAPTER AMENDMENT --
MS. GIGLIO: OKAY. SO, I'M JUST ASKING BECAUSE
WE'RE CHANGING IT TO SAY THAT IF IT'S THE DEPARTMENT OF HEALTH IT'S GOING
TO BE 750 SIGNATURES INSTEAD OF 125. SO I'M ASKING YOU, DO YOU THINK
THAT THE 200 SIGNATURES REQUESTING A PUBLIC HEARING ON THESE CHANGES TO
THE RULES IN THE STATE THAT WAS SUBMITTED TO THE DEPARTMENT OF HEALTH
ON JANUARY 31ST WOULD WARRANT A PUBLIC HEARING?
MR. MAMDANI: BY THE ORIGINAL LEGISLATION OR THE
CHAPTER, ONE, IT WOULD NOT BECAUSE EVEN THE ORIGINAL ONE WITH THE
LARGER TIMELINE STILL REQUIRED THE PETITIONS TO BE SUBMITTED 20 DAYS
BEFORE THE END OF THE PUBLIC COMMENT PERIOD. GIVEN THAT TODAY IS THE
END OF THE PUBLIC COMMENT PERIOD, THE 31ST WOULD NOT FALL WITHIN THAT
TIMELINE.
MS. GIGLIO: AMAZING. OKAY, SO I GUESS WE'LL JUST
HAVE TO FOCUS ON GETTING MORE SIGNATURES ONCE THIS IS ADOPTED AND THEN
THEY WOULD HAVE ADDITIONAL TIME TO SUBMIT A PETITION PRIOR TO, YOU
KNOW, 30 DAYS I GUESS, BEFORE?
MR. MAMDANI: IT WOULD BE 30 DAYS BEFORE. BUT I
DO NOT THINK THAT IT WOULD STILL HAVE ANY RELEVANCE TO WHAT THEY'RE
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NYS ASSEMBLY FEBRUARY 14, 2022
PETITIONING RIGHT NOW, GIVEN THAT THAT PUBLIC COMMENT PERIOD ENDS
TODAY AND THIS WOULD ONLY PERTAIN TO RULES MOVING FORWARD, NOT
RETROACTIVELY.
MS. GIGLIO: WHAT A SHAME. WHAT A SHAME THAT THE
PEOPLE CAN'T BE HEARD AND THAT WE'RE SHORTENING THE AMOUNT OF TIME TO
WHICH THEY CAN SUBMIT THIS PETITION AND THAT THIS PETITION FALLS A FEW
DAYS SHORT OF WHEN IT WOULD BE RELEVANT FOR A PUBLIC HEARING. AND,
YOU KNOW, THE FACT THAT THEY HAVE 4,449 ELECTRONIC SIGNATURES AND 200
SIGNATURES. THANK YOU, MR. MAMDANI. THANK YOU FOR YOUR TIME.
ACTING SPEAKER AUBRY: YOU'RE NOW ON THE
BILL.
MS. GIGLIO: IT'S A DISGRACE.
ON THE BILL, YES.
ACTING SPEAKER AUBRY: YES, MA'AM. GO
AHEAD.
MS. GIGLIO: IT'S A DISGRACE. AND, YOU KNOW, IT'S --
IT'S OVERREACH. IT'S GOVERNMENT OVERREACH AND IT'S NOT ALLOWING THE
PEOPLE TO BE HEARD. YOU'RE CHANGING THE THRESHOLDS, WHICH ANY --
ANYBODY THAT HAS CONCERN WITH THE DEPARTMENT OF HEALTH SHOULD BE
ABLE TO HAVE A PUBLIC HEARING, I DON'T EVEN KNOW WHY WE WOULDN'T
HAVE A PUBLIC HEARING. SO MANY PEOPLE DIDN'T EVEN KNOW ABOUT THESE
CHANGES THAT SAPA WAS CONSIDERING. AND THE WAY IT'S DONE IS JUST
COMPLETELY BLINDSIDING THE PUBLIC. AND THAT'S NOT WHAT WE, AS
LEGISLATORS, SHOULD BE DOING. WE SHOULD BE MAKING IT AN OPEN,
TRANSPARENT PROCESS. AND I'M APPALLED BY THE FACT THAT BECAUSE THEY
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NYS ASSEMBLY FEBRUARY 14, 2022
WERE A FEW DAYS SHORT THAT THEY ARE NOT ABLE TO GET A PUBLIC HEARING.
BECAUSE I'M SURE YOU WOULD HEAR FROM HUNDREDS OF THOUSANDS
THROUGHOUT THE STATE IF THERE WERE A PUBLIC HEARING ON THIS. PARENTS
DON'T WANT THEIR KIDS MASKED ANYMORE. THE PARENTS WANT CONTROL OF IT.
AND IN ALL THIS -- WITH ALL THE DISCUSSIONS WITH SUPERINTENDENTS AND THE
SCHOOL BOARD PRESIDENTS AND SCHOOL BOARD MEMBERS, THEY ARE SAYING
THAT THEY WANT LOCAL CONTROL OR THEY WANT METRICS. I HAVE BEEN TALKING
TO THE GOVERNOR'S REP FOR THE PAST THREE MONTHS ABOUT GIVE US THE
METRICS. THE SAME AS WHEN WE OPENED UP THE BUSINESSES AS TO WHEN
THE KIDS COULD TAKE THEIR MASKS OFF. THERE WAS GREEN, THERE WAS
YELLOW, THERE WAS ORANGE AND NOW IT'S RED. RED, WE WERE ZOOMING.
ORANGE, WE WERE IN SCHOOL WEARING MASKS. YELLOW, IT GOT A LITTLE MORE
LENIENT, AND GREEN, NOW, YOU KNOW, NO MASKS. SO THAT'S HOW IT
HAPPENED WITH THE BUSINESSES. BUT THE SCHOOL DISTRICTS DO NOT HAVE
ANY METRICS AS TO WHEN THEY CAN UNMASK THE KIDS. SO I -- I ASK THE
GOVERNOR AGAIN, AS I'VE ASKED HER REP FOR THE PAST THREE MONTHS, TO
PLEASE COME UP WITH METRICS THAT THE DEPARTMENT OF HEALTH MUST LIVE
BY WHEN IT COMES TO, YOU KNOW, THE DEPARTMENT OF HEALTH MANDATING
THAT THE KIDS WEAR MASKS.
I DON'T KNOW IF ANYBODY SAW IT ON THE NEWS THE OTHER
NIGHT, BUT WHEN A TEACHER ANNOUNCED, AS OF TOMORROW, NO MORE MASKS
AND YOU HEARD A CLASSROOM FULL OF CHILDREN SCREAMING IN EXCITEMENT --
ACTING SPEAKER AUBRY: MS. GIGLIO --
MS. GIGLIO: -- THESE CHILDREN HAVE NEVER SEEN THEIR
TEACHER'S FACE.
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ACTING SPEAKER AUBRY: WHILE I UNDERSTAND
YOUR PASSION, WE ARE ON A BILL THAT YOU NEED TO REFER TO.
MS. GIGLIO: YES. WELL, THE RULES ARE CUTTING
PEOPLE OUT IS WHAT I'M TRYING TO SAY. AND BY RAISING THE PETITION
NUMBER FROM 125 TO 750 WHEN IT COMES TO THE DEPARTMENT OF HEALTH IS
LOSING TRACK OF WHAT WE AS GOVERNMENT SHOULD BE DOING, AND THAT'S
BEING TRANSPARENT AND HAVING PUBLIC HEARINGS.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1,
2023.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 7805. 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 CHAPTER AMENDMENT. THOSE
WHO SUPPORT IT SHOULD CALL THE MINORITY LEADER'S OFFICE AND WE'LL
RECORD THEIR VOTE ACCORDINGLY.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES.
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NYS ASSEMBLY FEBRUARY 14, 2022
MRS. PEOPLES-STOKES: (INAUDIBLE-MIC NOT ON).
HOWEVER, THERE MAY BE SOME WHO MAY DISAGREE. THEY SHOULD FEEL
FREE TO CONTACT THAT MAJORITY LEADER'S OFFICE AND THEIR VOTE WILL BE
PROPERLY RECORDED.
ACTING SPEAKER AUBRY: THANK YOU, MRS.
PEOPLES-STOKES.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, SIR. LAST YEAR THE
SPONSOR PRESENTED A BILL THAT WOULD REQUIRE OUR ADMINISTRATIVE AGENCIES
TO HOLD A PUBLIC HEARING IF THEY WERE PETITIONED BY 125 PEOPLE AND THE
PETITION WAS FILED AT LEAST 20 DAYS BEFORE THE EFFECTIVE DATE OF THE
PROPOSED RULE. AND IT HAD UNANIMOUS BIPARTISAN SUPPORT, WE THOUGHT IT
WAS A GREAT BILL. THE GOVERNOR SIGNED THAT BILL. IT'S NOW LAW. SO,
TODAY WE'RE BEING ASKED TO APPROVE AN AMENDMENT TO THAT BILL THAT WAS
PUSHED BY THE GOVERNOR, INSISTED ON BY THE GOVERNOR, WHICH WOULD
INCREASE THE HEARING THRESHOLD BY A FACTOR OF FOUR TIMES FOR MOST
AGENCIES -- FOUR TIMES MORE PEOPLE -- AND SIX TIMES MORE PEOPLE IF THE
REGULATION INVOLVED THE HEALTH DEPARTMENT OR THE EDUCATION
DEPARTMENT. SO WE'RE GOING BACKWARDS WITH THIS AMENDMENT IN A BIG,
BIG WAY. AND TO JUST PUT THIS IN PERSPECTIVE, FOR MANY OF OUR
ASSEMBLY SEATS, THE NUMBER OF SIGNATURES THAT YOU WOULD NEED FROM A
MEMBER OF THE PUBLIC ON A DESIGNATED PETITION TO GET YOU ON THE BALLOT
FOR THE NEW YORK STATE ASSEMBLY WOULD BE LESS THAN THE PETITION
NUMBERS UNDER THIS BILL TO JUST HAVE A PUBLIC HEARING. JUST TO HAVE A
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NYS ASSEMBLY FEBRUARY 14, 2022
PUBLIC HEARING. I'M FRUSTRATED WITH THE FACT THAT THIS LEGISLATIVE BODY
THIS YEAR KEEPS PASSING ONE BILL AFTER ANOTHER TO REDUCE OR RESTRICT OR
PROHIBIT PUBLIC INPUT AND INVOLVEMENT. UNLIKE THE ENTIRE REST OF THE
STATE OF NEW YORK, WE DON'T ALLOW THE PUBLIC ON THE CHAMBER. THE
PUBLIC CAN'T COME HERE. THEY CAN GO ANYWHERE ELSE THEY WANT IN THE
STATE OF NEW YORK, BUT THEY CAN'T COME HERE TO THE ASSEMBLY
CHAMBER AND WATCH US IN SESSION. THEY CAN'T COME TO OUR LEGISLATIVE
OFFICE BUILDING. WE HAVE ARMED STATE TROOPERS TO MAKE SURE THE
PUBLIC CAN'T COME INTO OUR LEGISLATIVE OFFICE BUILDING AND MEET WITH
US. WE PASSED LEGISLATION TO ALLOW LOCAL GOVERNMENTS TO BAN THE
PUBLIC FROM PUBLIC HEARINGS. WE HAVE OUR COMMITTEE MEETINGS ON
ZOOM, BUT YOU CAN'T SEE WHO IS TALKING, IT'S ONLY AN AUDIO. SO WE'VE
CLOSED OUR LEGISLATIVE OFFICE BUILDINGS, WE'VE CLOSED THOSE ASSEMBLY
CHAMBERS, AND NOW WE'RE INCREASING THE PETITION REQUIREMENT
DRAMATICALLY. IT'S A STEP IN THE WRONG DIRECTION.
THANK YOU, MR. SPEAKER. I'M VOTING AGAINST THIS.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. WALCZYK TO EXPLAIN HIS VOTE.
MR. WALCZYK: THANK YOU, MR. SPEAKER, TO
EXPLAIN MY VOTE. THE STATE ADMINISTRATIVE PROCEDURE ACT TURNS OUT
GOVERNMENT'S A LITTLE BIT MORE THAN JUST WHAT I WOULD CONSIDER
ADMINISTRATIVE PROCEDURAL THINGS. YOU KNOW, BUREAUCRATIC PAPERWORK.
IT TURNS OUT, AND MOST NEW YORKERS FOUND OUT RECENTLY, THAT THIS
ACTUALLY CAN BE USED TO AFFECT SOME THINGS THAT MATTER VERY CLOSE TO
THEIR HOMES. THINGS THAT IMPACT EVEN THEIR CHILDREN'S FUNCTION IN THEIR
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NYS ASSEMBLY FEBRUARY 14, 2022
DAY-TO-DAY LIFE. SO WE'VE GOT THE OPPORTUNITY WITH BILLS LIKE THIS TO
CONTINUE TO HIDE FROM OUR CONSTITUENTS. WE HAVE THE OPPORTUNITY TO
VOTE FOR SOMETHING LIKE THIS THAT WILL ALLOW US TO HIDE BEHIND THOSE
GOVERNMENT BUREAUCRATS AND GIVE DECISION-MAKING POWER OVER TO
THEM. WE CAN HIDE BEHIND THE GOVERNOR, WHICH I THINK THIS BODY HAS
BEEN PRETTY GOOD AT, AT LEAST SINCE I'VE BEEN HERE. WE CAN HIDE WITHIN
THE COMFORT OF OUR OWN TRIBE AND DOCTRINE, OR WE COULD DO WHAT OUR
CONSTITUENTS SENT US HERE TO DO, AND THAT WOULD BE MAKE DECISIONS ON
RULES AND LEGISLATION THAT GOVERN ALL NEW YORKERS. WE CAN DEBATE
THEM IN AN OPEN PROCESS. WE DON'T HAVE TO CONTINUE TO HAND POWER
OVER TO THE EXECUTIVE BRANCH THROUGH THE ADMINISTRATIVE PROCEDURES
ACT WHICH GETS MORE AND MORE ONEROUS WITH THIS BILL HERE TODAY. I
DIDN'T THINK THE ADMINISTRATIVE PROCEDURES ACT WAS GOING TO HAVE
MAJOR POLICY INITIATIVES, BUT IT DOES. I MEAN, IT USURPS LEGISLATIVE
AUTHORITY IN THIS INSTANCE AND WE'RE ABANDONING THE DUTIES OF THE
LEGISLATIVE BODY. SO I'M -- LIKE, I'M SORRY IF THAT THIS JOB SOMETIMES IS
INCONVENIENT. SOMETIMES WHEN YOU'RE IN THE MAJORITY YOU'RE GOING TO
HAVE TO LISTEN FOR 15 MINUTES OR YOUR (INAUDIBLE) STAFF WILL LISTEN FOR 30
MINUTES TO THE THOUGHTS OF SOMEBODY ON THE OTHER SIDE OF THE AISLE WHO
HAS DIFFERENT IDEAS FOR HOW TO GET TO THE SAME (INAUDIBLE) IN THE STATE
OF NEW YORK.
(BUZZER SOUNDS)
I'LL FINISH OUT, MR. SPEAKER. BUT NOBODY SAYS YOU
HAVE TO BE HERE AND NOBODY SAYS YOU HAVE TO COME BACK. AND I LOOK
FORWARD TO WORKING WITH WHOEVER FILLS YOUR SEAT THAT WANTS TO DO THE
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NYS ASSEMBLY FEBRUARY 14, 2022
JOB OF THIS LEGISLATIVE BODY. WITH THAT I VOTE NO, MR. SPEAKER.
ACTING SPEAKER AUBRY: MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER. I WOULD JUST
LIKE TO POINT OUT THAT LAST AUGUST WE -- WE GOT A NEW GOVERNOR. WE --
OUR FORMER GOVERNOR RESIGNED AND WE GOT A NEW GOVERNOR WHO
BASICALLY ON DAY ONE SAID THAT -- INSISTED, IN FACT -- THAT TRANSPARENCY
WILL BE THE HALLMARK OF MY ADMINISTRATION. QUOTE, "THE PUBLIC
DESERVES A CLEAR, HONEST PICTURE OF WHAT'S HAPPENING, AND THAT'S
WHETHER IT'S GOOD OR BAD. THEY NEED TO KNOW THE TRUTH, AND THAT'S HOW
WE RESTORE CONFIDENCE" CLOSED QUOTE. SO MY PROBLEM WITH THIS BILL --
AND I -- AND I -- REALLY, I FEEL BAD FOR THE SPONSOR BECAUSE I THINK THAT
THE ORIGINAL BILL WAS A GOOD BILL. AS -- AS IT HAS BEEN SAID, IT WAS
UNANIMOUSLY APPROVED BY US LAST YEAR. AND I ALSO HAVE HEARD THE
SAYING MANY TIMES THAT, YOU CAN'T ALLOW THE PERFECT GET IN THE WAY OF
THE GOOD. AND THAT'S A COMFORT, I THINK TO MY COLLEAGUES ON THE OTHER
SIDE OF THE AISLE WHO WILL HAVE TO DEAL WITH THESE CHAPTER AMENDMENTS.
AND THERE HAVE BEEN A LOT OF THEM THIS YEAR. THE GOVERNOR HAS
INSISTED ON A NUMBER OF CHAPTER AMENDMENTS. BUT I CAN'T SUPPORT THIS
ONE BECAUSE I AGREE WITH MY COLLEAGUES WHEN THEY SAY THAT THIS IS
REALLY ABOUT CONTROL. IT'S ABOUT A LACK OF TRANSPARENCY. IT'S GOING TO
AFFECT PEOPLE'S ABILITY TO KNOW WHAT'S GOING ON IN THEIR GOVERNMENT
AND TO BE ABLE TO FAIRLY COMMENT ABOUT IT. AND, YOU KNOW, IT LIMITS THE
POWER OF THE PEOPLE. SO I CANNOT SUPPORT THIS CHAPTER AMENDMENT.
WITH ALL DUE RESPECT TO THE SPONSOR, I THINK HE HAD IT RIGHT THE FIRST
TIME.
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NYS ASSEMBLY FEBRUARY 14, 2022
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, MS.
WALSH.
MR. FITZPATRICK TO EXPLAIN HIS VOTE.
MR. FITZPATRICK: THANK YOU, MR. SPEAKER, TO
EXPLAIN MY VOTE. YOU KNOW, AS I'VE MENTIONED IN MANY OF THE DEBATES
IN HOUSING WHEN THE RENT CONTROL LAWS WERE EXTENDED WHEN THEY
SHOULD HAVE EXPIRED, WHERE PROPERTY OWNERS WEREN'T TREATED FAIRLY AND
ALLOWED TO PRIVATIZE THEIR BUILDINGS, THE GOAL POSTS WERE CONSTANTLY
MOVED. AND THAT'S WHAT HAPPENING HERE. THE SPONSOR IS ATTEMPTING TO
MOVE THE GOAL POSTS TO MAKE IT HARDER FOR THE PUBLIC TO PETITION THEIR
GOVERNMENT. IT'S -- WHAT IT DOES, THE MORE YOU MOVE THE GOAL POSTS ON
THE PUBLIC, THE MORE YOU CREATE AN ENVIRONMENT WHERE TYRANNY CAN
PREVAIL, AND THAT'S WHAT'S HAPPENING HERE.
THIS IS A BAD BILL. IT SHOULD NOT BE PASSED AND I URGE
PEOPLE TO NOT -- TO VOTE AGAINST TYRANNY AND DEFEAT THIS BILL. THANK
YOU.
ACTING SPEAKER AUBRY: MR. FITZPATRICK IN THE
NEGATIVE.
MS. GIGLIO TO EXPLAIN HER VOTE.
MS. GIGLIO: THANK YOU, MR. SPEAKER, TO EXPLAIN
MY VOTE. SO, IN TEXTING BACK AND FORTH TO THE PERSON THAT SUBMITTED THE
PETITION, SHE SAID SHE COULD NOT FIND THE INFORMATION ANYWHERE ON THE
WEBSITE THAT SAYS THAT YOU HAD TO SUBMIT THE PETITION NO SOONER THAN 20
DAYS PRIOR TO THE ADOPTION OR PRIOR TO THE END OF THE WRITTEN COMMENT
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NYS ASSEMBLY FEBRUARY 14, 2022
PERIOD. AND I'M GOING THROUGH THAT WEBSITE AND I CAN'T FIND IT EITHER. I
SEE "PROPOSED RULEMAKING", I SEE ALL THE DATES AS TO WHEN THESE NEW
LAWS WERE PUT UP JANUARY 5TH WITH A COMMENT EXPIRATION PERIOD OF
MARCH 7TH. DECEMBER 15TH THE COMMENT PERIOD ENDING FEBRUARY
14TH, WHICH IS THE ONE THAT WE'RE -- THAT'S THE COMMUNICABLE DISEASE
AND ISOLATION AND QUARANTINE. FEBRUARY -- OR DECEMBER 15TH -- THE
COMMENT PERIOD ENDS TODAY, FEBRUARY 14TH. BUT NOWHERE ON HERE
DOES IT SAY THAT YOU MUST SUBMIT YOUR COMMENTS NO SOONER THAN 20
DAYS BEFORE THE END OF THE COMMENT PERIOD. ANOTHER LACK OF
TRANSPARENCY. AND IF THE GOVERNOR WOULD, PLEASE, LET'S -- LET'S DO THIS
AGAIN. LET'S -- IF THEY -- IF THIS GETS PASSED, LET'S VETO IT. LET'S ALLOW
THESE PETITIONS, LET'S ALLOWING THE PUBLIC HEARINGS. LET'S BE TRANSPARENT,
WHICH IS WHAT WE WERE HOPING FOR WITH THE NEW GOVERNOR. SO I JUST
ASK THAT YOU -- THIS MUST BE VETOED. THE PUBLIC MUST BE HEARD. AND
FROM THIS DAY FORWARD, IT SHOULD BE ON THE WEBSITE WITH THE RULEMAKING
AS TO HOW MANY SIGNATURES THEY NEED ON A PETITION IF THEY WANT A
PUBLIC HEARING AND HOW MANY DAYS THEY NEED TO SUBMIT IT PRIOR TO THE
CUTOFF.
THANK YOU.
ACTING SPEAKER AUBRY: MS. GIGLIO IN THE
NEGATIVE.
MR. MAMDANI.
MR. MAMDANI: THANK YOU, SIR. I DO APPRECIATE
THE SPIRITED DEBATE AND THE COMMENTS AND RESPECT THAT HAS BEEN GIVEN
AS TO THE INTENT OF THIS BILL. I THINK THE POINT OF DISAGREEMENT WE HAVE
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NYS ASSEMBLY FEBRUARY 14, 2022
AS IS -- IS AS TO WHETHER THE INCREASE IN THE THRESHOLD WARRANTS ENOUGH
TO REJECT THIS COMPROMISE OR TO ACCEPT IT. I UNDERSTAND AND RESPECT THAT
OTHERS HAVE A DIFFERENT OPINION. FOR ME, I DO NOT BELIEVE THAT THE
INCREASE IN THIS THRESHOLD AND THE LENGTHENING OF THE PERIOD OF TIME
THAT THE SIGNATURES ARE REQUIRED MERITS OPPOSITION TO THE CHAPTER
AMENDMENT.
I DO WANT TO CLARIFY A NUMBER OF THINGS. ONE IS THE
REASON THAT THIS KIND OF LANGUAGE COULD NOT BE FOUND ON ANY WEBSITE
WAS BECAUSE FOR IT TO BECOME LAW WE HAD TO PASS THIS CHAPTER
AMENDMENT, AND WHEN THIS CHAPTER AMENDMENT IS PASSED, IT WOULD
ONLY BECOME LAW ON JANUARY 1ST OF NEXT YEAR. I ALSO THINK, WITH ALL
DUE RESPECT, THAT THE RAISING OF THE THRESHOLD BY 375 SIGNATURES IS NOT
WHAT SHOULD BE UNDERSTOOD AS TYRANNY. I THINK THAT WORD SHOULD STILL
HAVE MEANING, AND I THINK THAT THAT IS NOT IN KEEPING WITH WHAT THESE
CHANGES REALLY ARE. I AM VERY PROUD AT THE OPPORTUNITY. I HOPE TO PASS
THIS BILL. AND I BELIEVE THAT EVEN WITH THESE CHANGES, THOUGH THEY ARE
DIFFERENT FROM THE INITIALLY-PROPOSED VERSION, RESIDENTS OF MY
NEIGHBORHOOD, ASTORIA, QUEENS, AS WELL AS NEW YORKERS ACROSS THIS
ENTIRE BEAUTIFUL STATE WILL HAVE A CHANCE THAT THEY DID NOT HAVE BEFORE
TO HOLD AGENCIES ACCOUNTABLE AND TO GET DIRECT ACCESS TO AGENCY
REPRESENTATIVES THAT THEY HAVE THUS FAR BEEN DENIED. AND I AM
SYMPATHETIC TO A LOT OF THE CONCERNS THAT HAVE BEEN RAISED FROM THE
OTHER SIDE TODAY AS TO THE AMOUNT OF ANGUISH THAT MANY NEW YORKERS
ARE FEELING IN THEIR INABILITY TO GET DIRECT ANSWERS FROM GOVERNMENT OR
TO FEEL THAT THEIR VOICES ARE HEARD. AND WHILE I THINK THAT THAT'S TRUE OF
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NYS ASSEMBLY FEBRUARY 14, 2022
THIS MOMENT RIGHT NOW IN THE PANDEMIC, I THINK IT'S ALSO BEEN TRUE
MANY TIMES BEFORE. AND MY HOPE FOR THIS BILL IS THAT WHEN IT IS
ENACTED AND THEN THE PILOT PROGRAM THAT IT BE SUCCESSFUL AND THAT IT
LEADS TO NEW YORKERS FEELING THAT THEY HAVE A PLACE IN THIS
GOVERNMENT, THAT THEIR VOICES ARE HEARD. AND THOUGH IT WILL NOT PLEASE
MY COLLEAGUES ON THE OTHER SIDE, THIS IS, FOR ME, THE ESSENCE OF
SOCIALISM, WHICH IS THE EXTENSION OF DEMOCRACY FROM THE BALLOT BOX TO
REST OF OUR SOCIETY THE ABILITY FOR EACH AND EVERY PERSON TO HAVE THE
CONTROL OVER THEIR OWN LIVES.
SO I'M VERY EXCITED FOR THIS BEING A FIRST STEP. THANK
YOU.
ACTING SPEAKER AUBRY: MR. MAMDANI IN THE
AFFIRMATIVE.
MR. LAWLER TO EXPLAIN HIS VOTE.
MR. LAWLER: THANK YOU, MR. SPEAKER. I WOULD
JUST NOTE, LABELING THIS BILL THE EXTENSION OF SOCIALISM MAKES ME
REAFFIRM MY NEGATIVE VOTE.
THANK YOU.
ACTING SPEAKER AUBRY: MR. LAWLER IN THE
NEGATIVE.
MS. SOLAGES.
MS. SOLAGES: CAN YOU PLEASE LOG OUR COLLEAGUE
MR. STERN IN THE NEGATIVE?
ACTING SPEAKER AUBRY: SO NOTED.
MS. SOLAGES: THANK YOU.
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ACTING SPEAKER AUBRY: THANK YOU.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MS. SOLAGES.
MS. SOLAGES: MR. SPEAKER, DO WE HAVE ANY
FURTHER HOUSEKEEPING OR RESOLUTIONS?
ACTING SPEAKER AUBRY: WE HAVE BOTH, MS.
SOLAGES.
ON A MOTION BY MS. WEINSTEIN, PAGE 54, CALENDAR
NO. 274, BILL NO. 7737-A, AMENDMENTS ARE RECEIVED AND ADOPTED.
ON A MOTION BY MS. LUNSFORD, PAGE 61, CALENDAR NO.
378, BILL NO. 8852, AMENDMENTS ARE RECEIVED AND ADOPTED.
WE HAVE NUMEROUS FINE RESOLUTIONS. WE WILL TAKE
THEM UP WITH ONE VOTE.
ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTIONS ARE ADOPTED.
(WHEREUPON, ASSEMBLY RESOLUTION NOS. 555-558
WERE UNANIMOUSLY ADOPTED.)
MS. SOLAGES.
MS. SOLAGES: THANK YOU, MR. SPEAKER. I NOW
MOVE THAT THE ASSEMBLY STAND ADJOURNED AND THAT WE RECONVENE AT
3:00 P.M., TUESDAY, FEBRUARY 15TH, TOMORROW BEING A SESSION DAY.
ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS
ADJOURNED.
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NYS ASSEMBLY FEBRUARY 14, 2022
(WHEREUPON, AT 7:09 P.M., THE ASSEMBLY STOOD
ADJOURNED UNTIL TUESDAY, FEBRUARY 15TH AT 3:00 P.M., THAT BEING A
SESSION DAY.)
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