THURSDAY, MARCH 10, 2022 10:24 A.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 WEDNESDAY, MARCH 9TH.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, I MOVE TO

NYS ASSEMBLY MARCH 10, 2022

DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF WEDNESDAY, MARCH

THE 9TH AND ASK THAT THE SAME STAND APPROVED.

ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO

ORDERED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. COLLEAGUES, WELCOME TO OUR CHAMBERS. HAPPY THURSDAY. I

ACTUALLY WOULD LIKE TO SHARE A QUOTE TODAY. THIS ONE FROM A

GENTLEMAN, HIS NAME IS JOHN MAXWELL. HE IS AN AMERICAN AUTHOR,

SPEAKER, A PASTOR WHO HAS WRITTEN MANY BOOKS PRIMARILY FOCUSING ON

LEADERSHIP. HIS BOOKS HAVE SOLD MILLIONS OF COPIES AND OFTEN WAS ON

THE NEW YORK TIMES BEST SELLER LIST. HIS WORDS FOR US TODAY, THE

PESSIMIST COMPLAINS ABOUT THE WIND. THE OPTIMIST EXPECTS IT TO

CHANGE. BUT THE LEADER CHANGES THE SAILS.

WITH THAT, MR. SPEAKER, COLLEAGUES SHOULD BE AWARE

THAT YOU HAVE ON YOUR DESK A MAIN CALENDAR. WE ALSO HAVE A DEBATE

LIST. AND AFTER THERE'S ANY HOUSEKEEPING WE ARE GOING TO TAKE UP

RESOLUTIONS THAT ARE ON PAGE 3. WE WILL THEN WORK OFF OF OUR DEBATE

LIST WITH THE FOLLOWING BILLS ON DEBATE: CALENDAR NO. 256 BY MS.

DARLING, CALENDAR NO. 259 BY MRS. BARRETT, 269 BY MRS. BARRETT AND

CALENDAR NO. 370 BY MR. BURKE. MR. SPEAKER, THERE MAY BE A NEED

FOR ADDITIONAL WORK ON THE FLOOR. WE WILL ANNOUNCE THAT WHEN THE

TIME IS APPROPRIATE. AND WE ALSO MAY HAVE TO HAVE CONFERENCE NEEDS,

WE WILL ANNOUNCE THAT AS WELL.

SO THAT'S THE GENERAL OUTLINE, MR. SPEAKER. IF YOU

NYS ASSEMBLY MARCH 10, 2022

HAVE ANY HOUSEKEEPING NOW WOULD BE A GREAT TIME.

ACTING SPEAKER AUBRY: CERTAINLY. WE DO

HAVE A BIT OF HOUSEKEEPING.

ON A MOTION BY MR. STECK, PAGE 6, CALENDAR NO. 17,

BILL NO. 263, THE AMENDMENTS ARE RECEIVED AND ADOPTED.

ON A MOTION BY MS. ROSENTHAL, PAGE 9, CALENDAR NO.

41, BILL NO. 662, AMENDMENTS ARE RECEIVED AND ADOPTED.

ON A MOTION BY MS. ROSENTHAL, PAGE 41, CALENDAR

NO. 385, BILL NO. 2344, AMENDMENTS ARE RECEIVED AND ADOPTED.

WE WILL NOW GO TO PAGE 3. RESOLUTIONS ON PAGE 3,

ASSEMBLY NO. 640, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. 640, MS. JOYNER.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM MARCH 2022 AS KIDNEY DISEASE AWARENESS

MONTH 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 NO. 641, MR. MCDONALD.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM APRIL 6, 2022 AS MISSING PERSONS 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.

NYS ASSEMBLY MARCH 10, 2022

ON THE DEBATE LIST, CALENDAR NO. 256, THE CLERK WILL

READ.

THE CLERK: ASSEMBLY NO. A07599, CALENDAR NO.

256, DARLING, MAGNARELLI, GALEF, ZINERMAN, FAHY. AN ACT TO AMEND

THE VEHICLE AND TRAFFIC LAW, IN RELATION TO THE SECONDARY ENFORCEMENT

OF CERTAIN MOTOR VEHICLE EQUIPMENT VIOLATIONS.

ACTING SPEAKER AUBRY: MS. DARLING, AN

EXPLANATION IS REQUESTED.

MS. DARLING: OKAY. ONE OF THE MOST COMMON

INTERACTIONS THAT PEOPLE HAVE WITH LAW ENFORCEMENT OCCURS DURING

TRAFFIC STOPS. OFTEN, HOWEVER, THERE'S A DISPARITY IN WHO IS BEING

STOPPED, ESPECIALLY FOR MINOR VIOLATIONS. ACCORDING TO 2020 RESEARCH

PUBLISHED BY THE STANFORD OPEN POLICING PROJECT OF A DATASET OF NEARLY

100 MILLION TRAFFIC STOPS CARRIED OUT ACROSS THE UNITED STATES, BLACK

DRIVERS WERE ABOUT 20 PERCENT MORE LIKELY TO BE STOPPED THAN WHITE

DRIVERS RELATIVE TO THEIR SHARE OF THE RESIDENTIAL POPULATION. THE STUDY

ALSO FOUND THAT ONCE STOPPED, BLACK DRIVERS WERE SEARCHED ABOUT 1.5 TO

2 TIMES AS OFTEN AS WHITE DRIVERS. AS HAS BEEN PAINFULLY DEMONSTRATED

OVER THE PAST FEW YEARS IN THE NEWS, THESE STOPS FOR MINOR VIOLATIONS

HAVE LED TO MOTORISTS DYING AT THE HANDS OF POLICE. THIS BILL IS

INTENDED TO REDUCE THE NUMBER OF TRAFFIC STOPS FOR MINOR NONMOVING

VIOLATIONS SUCH AS STICKERS ON VEHICLE WINDOWS AND OBJECTS PLACED OR

SUSPENDED IN OR ON THE VEHICLE, THEREBY REDUCING THE POSSIBILITY OF A

TRAGIC OUTCOME FROM SUCH TRAFFIC STOPS.

ACTING SPEAKER AUBRY: THANK YOU.

NYS ASSEMBLY MARCH 10, 2022

MR. MORINELLO.

MR. MORINELLO: THANK YOU. WILL THE SPEAKER

YIELD FOR A COUPLE OF QUESTIONS?

ACTING SPEAKER AUBRY: MS. DARLING, WILL YOU

YIELD?

MS. DARLING: I WILL YIELD.

ACTING SPEAKER AUBRY: MS. DARLING YIELDS,

SIR.

MR. MORINELLO: THANK YOU. YOU JUST GAVE AN

EXPLANATION. SO, IS IT MY UNDERSTANDING AND THIS BODY'S UNDERSTANDING

THAT THE PURPOSE OF THIS IS MORE OF A REMOVAL OF BIAS AS OPPOSED TO

PUBLIC SAFETY?

MS. DARLING: YOU SAID A REMOVAL OF?

MR. MORINELLO: REMOVE BIAS. BASICALLY --

MS. DARLING: YES.

MR. MORINELLO: YEAH. OKAY. SO PUBLIC SAFETY

WAS NOT A CONSIDERATION?

MS. DARLING: NO, PUBLIC SAFETY IS DEFINITELY A

CONSIDERATION BECAUSE OF THE BIAS THAT SOME PEOPLE HAVE. YES.

MR. MORINELLO: OKAY. YOU ALSO SAID MINOR

VIOLATION. IS THERE SOMEWHERE IN THE VEHICLE AND TRAFFIC LAW OR THE

CRIMINAL PROCEDURE LAW THAT DELINEATES BETWEEN MINOR OR MAJOR

VIOLATIONS?

MS. DARLING: WELL, THIS MINOR VIOLATION WOULDN'T

LEAD TO ANY POINTS ON YOUR LICENSE. AND THIS LAW PRETTY MUCH

NYS ASSEMBLY MARCH 10, 2022

DETERMINES OR ALLOWS TO DETERMINE WHAT THE VIOLATION WOULD BE.

MR. MORINELLO: SO --

MS. DARLING: AND ALSO, THERE ARE DEFINITIONS OF

SERIOUS TRAFFIC VIOLATIONS AND THIS IS NOT INCLUDED IN THAT.

MR. MORINELLO: SO YOUR DEFINITION DOESN'T

INCLUDE THE CLASSIFICATIONS IN THE CRIMINAL PROCEDURE LAW, BEING

VIOLATIONS, B MISDEMEANORS, A MISDEMEANORS AND FELONIES. YOU'VE

ADDED ANOTHER SECTION THAT'S NOT IN THE CRIMINAL PROCEDURE LAW; AM I

CORRECT ON THAT?

MS. DARLING: YES. THESE ARE TRAFFIC VIOLATIONS OR

EQUIPMENT VIOLATIONS.

MR. MORINELLO: OKAY. SO THIS DELINEATES

BETWEEN MAJOR AND MINOR TRAFFIC VIOLATIONS.

MS. DARLING: IT JUST -- THIS BILL SAYS THAT THESE TWO

ARE SECONDARY ENFORCEMENT VIOLATIONS.

MR. MORINELLO: OKAY. THERE'S BEEN AN

INCREASED FOCUS ON DRIVING WHILE INTOXICATED, AND MANY TIMES IF

THEY'RE NOT SHOWING ANY OUTWARDLY SIGNS THERE NEEDS TO BE A REASON TO

STOP A VEHICLE. SO, WITH THIS LEGISLATION IT WOULD BASICALLY TAKE AWAY

ONE OF THE TOOLS THAT OUR LAW ENFORCEMENT HAS TO GET TROUBLED DRIVERS

OFF THE ROAD. CAN I UNDERSTAND THAT?

MS. DARLING: I DISAGREE. IF WE'RE LOOKING FOR

DWI INFRACTIONS, WHERE I LIVE WE HAVE STOPS, WE HAVE STOPS SET UP AT

DIFFERENT AREAS AND COPS ARE DEFINITELY ABLE TO BE ABLE TO MAKE SURE THAT

THEY ARE MONITORING -- ESPECIALLY DURING TIMES -- AT CERTAIN TIMES AT

NYS ASSEMBLY MARCH 10, 2022

NIGHT -- PEOPLE WHO ARE UNDER THE INFLUENCE AND JUST CHECKING TO MAKE

SURE THAT PEOPLE ARE DRINKING -- OR NOT DRIVING IRRESPONSIBLY WHILE

DRINKING.

MR. MORINELLO: WHAT WOULD -- WHAT WOULD

OCCUR IF, IN FACT, THERE WAS HANGING -- SOMETHING HANGING FROM THE

REARVIEW MIRROR THAT ACTUALLY WAS IMPAIRING THE VISIBILITY OF THE DRIVER?

WOULD THE POLICE THEN BE PRECLUDED FROM STOPPING THAT VEHICLE?

MS. DARLING: YES, FOR THAT PARTICULAR REASON.

MR. MORINELLO: OKAY. SO IN ESSENCE, THERE'S NO

PUBLIC SAFETY COMPONENT IN THIS PARTICULAR BILL.

MS. DARLING: THERE IS A PUBLIC SAFETY COMPONENT.

BECAUSE BLACK DRIVERS ARE PART OF THE PUBLIC AND THEY ARE NOT SAFE. SO

THIS BILL IS --

MR. MORINELLO: SO --

MS. DARLING: THIS BILL IS HERE TO ENSURE THAT WE

HAVE SOME PROTECTIONS AROUND THE BLACK COMMUNITY. THIS COUNTRY HAS

DONE A GREAT JOB CRIMINALIZING US, SO RIGHT NOW CERTAIN THINGS DO SEEM

A LITTLE PIECEMEAL. BUT WE HAVE TO PROVIDE THOSE PROTECTIONS TO MAKE

SURE THAT PEOPLE CAN LEAVE THEIR HOME, GET IN THEIR CAR AND RETURN HOME

SAFELY. WHEN WE HAVE THESE TRAFFIC VIOLATIONS AND THESE STOPS, A LOT OF

TIMES THIS IS THE FIRST TIME THAT WE REALLY HAVE INTERACTIONS WITH THE

POLICE. AND THERE ARE COMMUNITIES THAT ARE PETRIFIED OF HAVING

INTERACTIONS WITH THE POLICE. SO, WE WANT TO MAKE SURE THAT WE, AGAIN,

HAVE THOSE PROVISIONS AND PROTECTIONS SO THAT SOMETHING LIKE A HANGING

AIR FRESHENER DOES NOT LEAD TO ESCALATED INCIDENTS THAT HAVE LED TO

NYS ASSEMBLY MARCH 10, 2022

DEATH. WE DO NOT WANT THAT. SO THIS IS A PROTECTION WHERE THIS HAS TO

BE A SECOND -- YOU HAVE TO PULL THEM OVER FOR A MOVING VIOLATION OR

SOMETHING ELSE. YOU CANNOT SIMPLY PULL SOMEBODY OVER BECAUSE THEY

HAVE SOMETHING HANGING OR SOMETHING -- A STICKER ON THEIR REAR OR FRONT

WINDSHIELD. AND YOU WOULD BE SO SHOCKED TO FIND IN MY COMMUNITY

HOW MANY PEOPLE ARE PULLED OVER FOR THE SLIGHTEST MINOR INFRACTIONS.

SO THIS IS JUST ONE LEVEL OF PROTECTION THAT WE DESPERATELY NEED IN THE

STATE OF NEW YORK. AND THE UNITED STATES, IF YOU ASK ME.

MR. MORINELLO: DO YOU KNOW OF ANY EXCEPTIONS

TO THE STICKER OR MIRROR -- OR REARVIEW MIRROR PROVISION?

MS. DARLING: YES. WHATEVER THE COMMISSIONER

DECIDES IS NECESSARY. LIKE REGISTRATION STICKERS, INSPECTION STICKERS.

ANYTHING THE COMMISSIONER OF MOTOR VEHICLES DEEMS NECESSARY.

MR. MORINELLO: SO THE STATE CAN EXEMPT

THEMSELVES FROM -- BASICALLY FROM CERTAIN REGULATIONS.

MS. DARLING: YES, WE -- WE NEED THOSE. WE NEED

THOSE STICKERS ON THE WINDOWS.

(LAUGHTER)

MR. MORINELLO: THANK YOU VERY MUCH TO THE

SPONSOR. I TRULY UNDERSTAND THE REASONING BEHIND THIS, AND I APPRECIATE

YOUR CANDOR AND YOUR ANSWERING THE QUESTIONS IN THE MANNER YOU DID.

MS. DARLING: THANK YOU, JUDGE.

MR. MORINELLO: ON THE BILL. MY ONLY --

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. MORINELLO: MY ONLY CONCERN WITH THIS

NYS ASSEMBLY MARCH 10, 2022

PARTICULAR BILL IS I UNDERSTAND AND I TRULY ACCEPT THE UNDERLYING REASON.

BUT THERE'S ALSO THE GENERAL PUBLIC AND NOT JUST A SEGMENT OF THE PUBLIC.

I ALSO FIND IT LUDICROUS THAT THE STATE CAN EXEMPT THEMSELVES FROM

STICKERS, BEING INSPECTION STICKERS AND REGISTRATION STICKERS, OKAY,

WHICH CAN STILL IMPAIR THE VIEW OF SOMEONE. I WOULD THINK THAT MAYBE

IN THE FUTURE THE SPONSOR MIGHT LOOK AT THE ENTIRE BILL AND DETERMINE

WHETHER OR NOT THAT IS PARTICULARLY NECESSARY IN OUR TIMES.

I THANK YOU VERY MUCH.

ACTING SPEAKER AUBRY: MR. ANGELINO.

MR. ANGELINO: THANK YOU, MR. SPEAKER. ON THE

BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. ANGELINO: I UNDERSTAND THE -- THE

BACKGROUND. WHAT I DON'T UNDERSTAND IS THE -- THE FEELING THAT SOME

PEOPLE HAVE TOWARDS POLICE. I DON'T KNOW WHAT HAPPENS IN OTHER AREAS,

BUT IN THE AREA -- THE RURAL AREA I LIVE IN, PEOPLE RUN TO THE POLICE FOR

HELP. THE -- I DON'T KNOW OF ANYONE BEING AFRAID OF THE POLICE EVER,

UNLESS THEY WERE DOING SOMETHING WRONG. SPECIFICALLY ON THIS, I WANT

TO REMIND PEOPLE THESE ARE MINOR VIOLATIONS, AND THERE ARE PLENTY OF

MINOR VIOLATIONS IN THE VEHICLE AND TRAFFIC LAW REGARDING DIRT ON

LICENSE PLATES, LAMPS, DECALS, STICKERS. IF WE DON'T WANT THE MINOR

VIOLATIONS, THEN THIS IS THE PLACE. WE'LL WRITE THEM OUT OF THE LAW AND

THEY WON'T MATTER. THAT'S HAPPENING IN OTHER AREAS. I DO WANT TO

REMIND EVERYBODY HERE THAT MINOR TRAFFIC VIOLATIONS AND POLICE OFFICERS

PULLING OVER VIOLATORS IS REAL POLICE WORK. AND I'LL GIVE YOU THE

NYS ASSEMBLY MARCH 10, 2022

EXAMPLE OF TIMOTHY MCVEIGH, WHO AFTER BLOWING UP THE OKLAHOMA

CITY STATE OFFICE BUILDING WAS STOPPED BY A TROOPER FOR SPEEDING. JOEL

RIFKIN, THE LONG ISLAND KILLER, WAS STOPPED AND A FEMALE STATE TROOPER

KNEW SOMETHING WASN'T RIGHT AND ULTIMATELY WE FOUND A BODY OF A

MURDERED FEMALE IN THE TRUNK. I MYSELF MADE A MINOR TRAFFIC VIOLATION

STOP AND SAW A BOY SCOUT FLASHLIGHT ON THE BACK SEAT OF A CAR. A

DEPARTMENT STORE HAD BEEN BURGLARIZED AND A LOT OF -- A LOT OF ITEMS

WERE TAKEN. AND SOME OF THE THINGS WE FOUND IN THE STORE, THE BOY

SCOUT SECTION THEY USED ALL THE FLASHLIGHTS TO FURTHER THEIR BURGLARY AND

OBVIOUSLY THEY TOOK ONE WITH THEM. SO THESE ARE ALL EXAMPLES OF SMALL

MINOR VIOLATIONS THAT LEAD TO REAL POLICE WORK. AND I'M -- I'M SORRY FOR

WHAT HAPPENS IN OTHER AREAS THAT PEOPLE WOULD -- IT BREAKS MY HEART TO

THINK THAT PEOPLE WOULD BE AFRAID OF A POLICE OFFICER. IF THIS IS

NECESSARY THEN WHY DON'T WE JUST DO AWAY WITH THE -- THE LEGISLATION

BEHIND IT AND DOESN'T HAVE TO BE A SECONDARY VIOLATION?

THANK YOU VERY MUCH, SIR.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. GOODELL.

MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD

THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MS. DARLING, WILL YOU

YIELD?

MS. DARLING: I WILL YIELD.

ACTING SPEAKER AUBRY: MS. DARLING YIELDS.

MR. GOODELL: THANK YOU. A COUPLE OF QUESTIONS.

NYS ASSEMBLY MARCH 10, 2022

FIRST, AM I CORRECT THAT THIS TYPE OF TRAFFIC TICKET COMES WITH NO POINTS

ATTACHED?

MS. DARLING: YES, THERE ARE NO POINTS.

MR. GOODELL: AND THERE ARE A NUMBER OF OTHER

TRAFFIC VIOLATIONS THAT HAVE NO POINTS, RIGHT? EQUIPMENT-TYPE

VIOLATIONS?

MS. DARLING: YES.

MR. GOODELL: IS THERE A REASON WHY WE'RE

SELECTING THIS PARTICULAR VIOLATION THAT HAS NO POINTS AND NOT THE OTHER

ONES, OR CAN WE ANTICIPATE SUBSEQUENT LEGISLATION THAT DEALS WITH OTHER

MINOR EQUIPMENT VIOLATIONS?

MS. DARLING: WELL AS GREAT AS I AM, I'M NO

FORTUNE TELLER SO I CAN'T TELL WHAT'S GOING TO COME FOR FUTURE LEGISLATION.

BUT I CAN SAY THAT RECENT INCIDENTS HAVE REALLY SPOKEN TO THE FACT THAT

CERTAIN MEASURES ARE USED DISPROPORTIONATELY IN CERTAIN COMMUNITIES

AGAINST CERTAIN GROUPS OF PEOPLE. SO, WE HAD A MAJOR, MAJOR INCIDENT,

WHAT, TWO YEARS AGO AND THIS BILL WAS BORN OUT OF THAT TO SAY, YOU

KNOW, WE -- WE HAD SOMEONE WHO LOST THEIR LIFE BECAUSE THEY HAD

SOMETHING HANGING ON THEIR REARVIEW MIRROR. AND HE'S NOT THE ONLY

PERSON WHO'S HAD THAT EXPERIENCE, AS -- AS THE DATA SHOWS. SO, AGAIN,

WHILE WE ADDRESS THE ENORMOUS SYSTEMIC RACISM HERE IN THIS COUNTRY,

IT'S -- IT'S REALLY ONE -- ONE ISSUE AT A TIME, AND THIS ISSUE WOULD REALLY,

REALLY HELP MY COMMUNITY TO BE ABLE TO SAY WE DO HAVE PROTECTIONS

AGAINST AT LEAST THAT.

MR. GOODELL: IN READING THIS, IT -- IT APPEARS THAT

NYS ASSEMBLY MARCH 10, 2022

THE ONLY REMEDY SET FORTH IN THIS STATUTE IS THAT IF THE ONLY BASIS FOR A

STOP WAS SOMETHING HANGING IN THE WINDOW OR WINDSHIELD OR REARVIEW

-- REAR WINDOW THAT YOU COULDN'T ISSUE A SUMMONS. AM I CORRECT, THEN,

THAT THIS WOULD NOT PRECLUDE EVIDENCE THAT WAS OTHERWISE DISCOVERED

AFTER THE STOP? SO, FOR EXAMPLE, IF THE IS VEHICLE IS STOPPED FOR THIS

BASIS AND THE OFFICER COMES UP AND REALIZES IT'S TIMOTHY MCVEIGH, CAN

HE STILL ARREST TIMOTHY MCVEIGH OR, YOU KNOW, ANYONE ELSE WHO'S GOT

AN OUTSTANDING WARRANT? IF HE SEES THERE'S A GUN ON THE FLOOR CAN HE

ARREST HIM IF IT'S -- TURNS OUT THE GUN WAS ILLEGAL OR A GHOST GUN? IS IT AN

EXCLUSION -- IN OTHER WORDS, DOES THE EXCLUSIONARY RULE KICK IN IF THE

STOP WAS BASED ONLY ON THIS BASIS?

MS. DARLING: WELL, ONCE THIS LAW IS PASSED THERE

CAN'T BE A STOP BASED ONLY ON THIS BASIS. SO THERE WOULD HAVE TO BE

ANOTHER REASON WHY THEY WERE STOPPED.

MR. GOODELL: THIS DOESN'T PRECLUDE THE STOP, IT

JUST SAYS IT PRECLUDES THE ISSUANCE OF A TICKET, CORRECT?

MS. DARLING: IT'S NOT A REASONABLE BASIS TO STOP A

DRIVER.

MR. GOODELL: SO THEN MY QUESTION IS, IF FOR SOME

REASON AN OFFICER MAKES THE STOP BASED ON JUST THIS GROUND, IS IT YOUR

INTENT THAT THE EXCLUSIONARY RULE WOULD KICK IN AND ANY SUBSEQUENT

ILLEGAL ACTIVITY THAT WAS DISCOVERED FOLLOWING THAT STOP WOULD BE

EXCLUDED FROM EVIDENCE?

MS. DARLING: WELL, IF THIS PARTICULAR REASON, THIS

MOTOR VEHICLE EQUIPMENT VIOLATION, IS WHY AN OFFICER STOPPED A DRIVER,

NYS ASSEMBLY MARCH 10, 2022

THEY WOULD NOT BE ABLE TO STOP THE DRIVER FOR THIS OFFENSE ALONE. SO THE

ANSWER TO THAT IS YEAH.

MR. GOODELL: SO LET ME JUST, SO WE'RE CLEAR, GIVE

SOME EXAMPLES. LET'S SAY AN OFFICER STOPPED IMPROPERLY --

MS. DARLING: OKAY.

MR. GOODELL: -- STOPPED SOMEONE FOR THIS REASON

ALONE. WHEN THEY WALK UP TO THE CAR THEY SEE A REVOLVER ON THE FLOOR

AND IT TURNS OUT THE REVOLVER WAS A GHOST GUN OR THE DRIVER WAS A

CONVICTED FELON AND THE GUN WAS NOT PROPERLY REGISTERED, CAN THE

OFFICER THEN MAKE AN ARREST BASED ON WHAT HE VIEWS? AND WOULD THAT

ARREST STILL BE VALID EVEN IF THE INITIAL STOP WAS NOT PROPER?

MS. DARLING: OKAY. THE TRIAL JUDGE WOULD HAVE

TO DETERMINE -- THE TRIAL JUDGE WOULD HAVE TO DETERMINE, BECAUSE THERE

WOULD BE A HEARING, IF THE OFFICER MADE A REASONABLE STOP AT THAT TIME.

AND THE TRIAL JUDGE WOULD HAVE TO CONSIDER ALL EVIDENCE.

MR. GOODELL: I SEE. THANK YOU VERY MUCH, MS.

DARLING. I APPRECIATE YOUR COMMENTS.

MS. DARLING: THANK YOU.

MR. GOODELL: ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: AS THE SPONSOR NOTED, THIS TRAFFIC

TICKET HAS VERY LIMITED CONSEQUENCES TO THE DRIVER BECAUSE THERE AREN'T

ANY POINTS ASSOCIATED WITH IT. AND I CAN ASSURE YOU THAT THE FINE,

UNLESS THE OBSTRUCTION WAS VERY SERIOUS, WOULD LIKEWISE BE DI

NYS ASSEMBLY MARCH 10, 2022

MINIMUS. OF COURSE, THE REASON THE LAW IS THERE IN THE FIRST PLACE IS

BECAUSE SOMETIMES THE OBSTRUCTION OF THE WINDSHIELD IS PRETTY

SIGNIFICANT. AND AS THE SPONSOR ACKNOWLEDGED, IF YOU HAVE A

SIGNIFICANT OBSTRUCTION ON THE WINDSHIELD IT CAN RESULT IN A VERY SERIOUS

ACCIDENT. YOU CAN EASILY MISS A PEDESTRIAN OR -- OR HAVE OTHER

PROBLEMS WITH YOUR VISION. THAT'S WHY THE ORIGINAL BILL IS THERE. SO

EVEN THOUGH THERE'S NO POINTS, IT CAN HAVE SERIOUS CONSEQUENCES. BUT

THE MOST SERIOUS ASPECT OF THIS BILL IS THAT, AS MY COLLEAGUE MENTIONED,

SOMETIMES A STOP ON A RELATIVELY MINOR EQUIPMENT VIOLATION CAN LEAD

TO A MUCH, MUCH MORE SERIOUS CHARGE. AND SO A VEHICLE THAT'S STOPPED

FOR A MINOR TRAFFIC INFRACTION, WHEN THE OFFICER WALKS UP IF HE SEES AN

ILLEGAL GUN HE CAN MAKE AN ARREST. AND WE'VE TALKED EXTENSIVELY ABOUT

THE PROBLEM WITH GUN VIOLENCE HERE. AND THIS BILL LEAVES IT OPEN THAT IF

THE STOP WAS BASED ON OBSTRUCTED WINDSHIELD, THAT ARREST MIGHT NOT

HOLD UP UNDER THE EXCLUSIONARY RULE. AND SO MANY TIMES AN OFFICER

WILL WALK UP AND HE'LL LOOK IN, AS MY COLLEAGUE NOTED, AND THEY'LL SEE

STOLEN PROPERTY IN THE CAR, OR DRUGS. OR HE'LL REALIZE THERE'S AN

OUTSTANDING WARRANT FOR THE DRIVER. IN MY COUNTY, THE -- I -- I

UNDERSTAND THAT THERE -- THERE'S A CONCERN IN OTHER AREAS OF THE STATE

THAT THESE MINOR TRAFFIC STOPS MIGHT BE MOTIVATED BY AN IMPROPER

MOTIVE. I UNDERSTAND AND I APPRECIATE THAT, AND I URGE EVERY POLICE

DEPARTMENT TO ENSURE THAT THE LAW IS APPLIED FAIRLY AND EQUITABLY TO

EVERYONE. BUT WE MOST ASSUREDLY DO NOT WANT TO ELIMINATE THE ABILITY

OF OUR POLICE TO ARREST SOMEONE FOR ILLEGAL FIREARMS THAT ARE SEEN IN A

ROUTINE TRAFFIC STOP, EVEN FOR A MINOR EQUIPMENT VIOLATION. OR TO

NYS ASSEMBLY MARCH 10, 2022

CONFISCATE DRUGS THAT THEY MAY SEE IN A ROUTINE TRAFFIC STOP. OR TO

RESPOND TO ANY OTHER CRIME THAT OCCURS FOLLOWING A ROUTINE TRAFFIC STOP

SUCH AS THIS.

AND SO WHILE THIS BILL ON ITS FACE IS SOMEWHAT

INNOCUOUS, THE RAMIFICATIONS COULD BE VERY SERIOUS. FOR THAT REASON,

I'LL RECOMMEND THAT MY COLLEAGUES NOT SUPPORT THIS BILL. BUT I DO

APPRECIATE AND SUPPORT THE SPONSOR'S DESIRE TO ENSURE THAT ALL OF OUR

LAWS, INCLUDING MINOR TRAFFIC INFRACTIONS, ARE ENFORCED IN A FAIR AND

EQUITABLE MANNER WITHOUT REGARD TO RACE, COLOR, CREED, NATIONAL ORIGIN,

SEX OR ANY OTHER IMPROPER CLASSIFICATION.

THANK YOU VERY MUCH TO MY -- TO THE SPONSOR FOR HER

ANSWERS, AND THANK YOU VERY MUCH, MR. SPEAKER.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.

I'M SORRY. MR. REILLY.

MR. REILLY: WILL THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MS. DARLING, WILL YOU

YIELD?

MS. DARLING: I'LL YIELD.

MR. REILLY: THANK YOU, MS. DARLING.

MR. REILLY: QUICK QUESTION IN REGARDS TO THIS

LEGISLATION. I NOTICED IN -- IN THE WORDING IT SAYS ANYTHING AFFIXED TO

THE WINDSHIELD LIKE STICKERS, POSTERS. WOULD TINTED WINDOWS APPLY TO

THIS AS AN INITIAL STOP? WOULD THAT BE PROHIBITED?

MS. DARLING: THAT'S A SEPARATE SECTION OF LAW,

TINTED WINDOWS.

NYS ASSEMBLY MARCH 10, 2022

MR. REILLY: OKAY. SO, IF THEY -- IF THEY HAPPEN TO

USE A CERTAIN TYPE OF TINT THAT COULD BE CONSIDERED A POSTER OR A STICKER,

WOULD THAT HINDER A -- A VEHICLE STOP AS THE INITIAL REASONABLE CAUSE TO

BELIEVE TO STOP?

MS. DARLING: NO.

MR. REILLY: NO. OKAY. ALL RIGHT. THANK YOU. I

JUST WANTED TO CLARIFY.

ACTING SPEAKER AUBRY: MR. MANKTELOW.

MR. MANKTELOW: THANK YOU. WOULD THE

SPONSOR YIELD FOR A QUESTION, PLEASE?

ACTING SPEAKER AUBRY: MS. DARLING, WILL YOU

YIELD?

MS. DARLING: I'LL YIELD.

MR. MANKTELOW: GOOD MORNING, TAYLOR. HOW

ARE YOU?

MS. DARLING: AMAZING. HOW ARE YOU?

MR. MANKTELOW: GOOD. HEY, JUST A -- JUST A

QUESTION ON THIS. I'VE HEARD FROM A LOT OF THE COLLEAGUES HERE. WAS

THERE EVER A -- A THOUGHT PROCESS OR A -- A CONSIDERATION OF POSSIBLY JUST

DOING A PILOT PROGRAM IN YOUR AREA?

MS. DARLING: IN -- IN -- MY AREA, NO. THERE

WASN'T A PILOT PROGRAM BECAUSE WE CONSIDERED THE DATASET FROM THE

STUDY THAT I MENTIONED AND THE JUSTIFICATION FOR THE BILL.

MR. MANKTELOW: SO -- SO NO CONSIDERATION.

MS. DARLING: NO.

NYS ASSEMBLY MARCH 10, 2022

MR. MANKTELOW: OKAY. THAT WAS THE ONLY

QUESTION I HAD FOR YOU, SO THANK YOU VERY MUCH.

MS. DARLING: NO PROBLEM.

MR. MANKTELOW: MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. MANKTELOW: I APPLAUD THE SPONSOR FOR HER

-- HER BRINGING THAT BILL FORWARD, ESPECIALLY FOR WHAT'S GOING ON IN HER

AREA AND REPRESENTING HER DISTRICT. MY ONLY CONCERN IS AFTER LISTENING

TO MY COLLEAGUES THIS MORNING IS THAT LOOKING AT THE I-81 CORRIDOR,

ROUTE 90 CROSSING NEW YORK STATE, TRAFFIC COMING FROM THE SOUTH TO

THE NORTH UP THROUGH CANADA, I JUST WANT TO BE SURE WE DON'T TIE THE

HANDS OF OUR POLICE OFFICERS AND NOT ALLOWING THEM TO DO SOME OF THESE

STOPS THAT ARE NEEDED. AND AS WE'VE HEARD THIS MORNING, SOME OF THESE

STOPS PRODUCE GREAT - GREAT OUTCOMES AND SAVE LIVES.

SO, I WOULD LOVE TO SUPPORT THIS FOR -- FOR THE SPONSOR,

BUT I DO HAVE CONCERNS ACROSS THE WHOLE STATE. SO, I WILL BE VOTING NO,

BUT I -- I APPLAUD THE SPONSOR FOR LOOKING OUT FOR HER DISTRICT. SO THANK

YOU VERY MUCH, MR. SPEAKER.

ACTING SPEAKER AUBRY: MS. GIGLIO.

MS. GIGLIO: THANK YOU, MR. SPEAKER. WILL THE

SPONSOR YIELD?

ACTING SPEAKER AUBRY: MS. DARLING, WILL YOU

YIELD?

MS. DARLING: I YIELD.

MS. GIGLIO: GOOD MORNING.

NYS ASSEMBLY MARCH 10, 2022

MS. DARLING: GOOD MORNING.

MR. GIGLIO: SO, JUST A QUESTION. SO, IN LONG

ISLAND WE OFTEN HAVE TRAFFIC STOPS WHERE WE HAVE OFFICERS STANDING ON

BOTH SIDES OF THE ROADS AND THEY CHECK TO MAKE SURE TO YOUR INSPECTION

IS UP, IF YOU'RE UP TO DATE ON YOUR REGISTRATION, AND IF NOT THEY PULL YOU

OVER. AND, YOU KNOW, OFTENTIMES IF THERE IS SOMETHING WRONG IN THE

CAR, IF THEY HAVE AN ODOR OF MARIHUANA OR THEY HAVE -- THERE'S SOME

INDICATION THAT THERE'S SOMETHING IN THE CAR OR THAT'S HAPPENING THAT'S

BREAKING THE LAW. SO ON -- IN THIS PARTICULAR CASE, IF AN OFFICER WERE TO

PULL SOMEBODY OVER BECAUSE THERE WAS AN OBSTRUCTION OF THE

WINDSHIELD OR AN OBSTRUCTION OF THE REARVIEW WINDOW AND THEY WERE TO

SEE A GUN ON THE STREET [SIC] OR THEY WERE TO DETECT THAT SOMEBODY IS

USING DRUGS IN THE CAR OR AN OPEN CONTAINER EVEN, AND THEY WERE TO ASK

-- IF IT'S A GUN -- DO YOU HAVE A PISTOL PERMIT AND THEY WERE TO LOOK AT

THE GUN AND SEE IF THE REGISTRATION OR THE GUN TYPE MATCHES THE SERIAL

NUMBER ON THE BACK OF THE PISTOL PERMIT AND IT DOESN'T SO THEY WERE TO

ARREST THEM FOR HAVING AN ILLEGAL FIREARM, IF THAT WERE TO GO TO COURT

WOULD THE FACT THAT THEY HAVE THE ILLEGAL FIREARM HOLD UP IN COURT

BECAUSE THE REASON THAT THEY ORIGINALLY GOT PULLED OVER WAS BECAUSE OF

THE OBSTRUCTION OF THE WINDOW? (MAJOR RUNON SENTENCE, BUT I

COULDN'T FIND A WAY TO BREAK IT UP WITHOUT IT NOT MAKING SENSE)

MS. DARLING: SO, THEY WOULD HAVE TO HAVE A

HEARING AND THAT WOULD BE TO UP TO THE TRIAL JUDGE TO EXAMINE ALL

EVIDENCE AND, YOU KNOW, MAKE THEIR -- MAKE THEIR DECISION BASED ON

THAT. SO THE POLICE OFFICER WOULD HAVE TO PRETTY MUCH PROVE WHY HE

NYS ASSEMBLY MARCH 10, 2022

STOPPED THE VEHICLE IN THE FIRST PLACE, AND IT WOULD BE UP TO THE TRIAL

JUDGE TO DETERMINE IF THAT WAS A REASONABLE CAUSE TO STOP THE VEHICLE.

MS. GIGLIO: OKAY. WELL, I GUESS ONCE THIS LAW IS

ADOPTED THEN IT WOULDN'T BE A LEGAL CAUSE TO PULL THE CAR OVER. SO THAT'S

MY CONCERN. SO THANK YOU VERY MUCH.

MS. DARLING: NO PROBLEM. THANK YOU.

MS. GIGLIO: MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MA'AM.

MS. GIGLIO: DURING THE DEBATE LAST YEAR WHEN WE

WERE TALKING ABOUT MARIHUANA, LEGALIZING MARIHUANA, THERE WERE

SEVERAL CASES THAT WERE BROUGHT UP TO ME THROUGHOUT THE COUNTRY,

INCLUDING IN COLORADO WHERE THERE WAS SUSPECT OF ILLEGAL ACTIVITY

OCCURRING IN A CAR. AND THE CAR WAS PULLED OVER FOR ONE REASON AND

THEN WHEN THEY OPENED IT UP THEY FOUND OUT THAT THERE WERE KILOS OF

COCAINE AND THE CASE WAS DISMISSED BECAUSE THE REASON THAT THEY

PULLED THE CAR OVER WAS NOT A REASON TO PULL THE CAR OVER. SO I FEAR THAT

THIS IS GOING TO RESTRICT A POLICE OFFICER'S RESPONSIBILITY TO PROTECT THE

PUBLIC AND UPHOLD THE LAW. AND I COULDN'T AGREE WITH MY COLLEAGUES

MORE IN SAYING THAT IF WANT TO DO AWAY WITH OBSTRUCTION OF WINDSHIELDS

AND REARVIEW WINDOWS, THEN THAT'S WHAT THE LAW SHOULD BE, NOT

PROHIBITING AN OFFICER FROM PULLING SOMEBODY OVER FOR VIOLATING NEW

YORK STATE LAW.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. SALKA.

MR. SALKA: THANK YOU, MR. SPEAKER. WOULD THE

NYS ASSEMBLY MARCH 10, 2022

SPONSOR YIELD FOR A QUESTION OR TWO?

ACTING SPEAKER AUBRY: MS. DARLING, WILL YOU

YIELD?

MS. DARLING: I'LL YIELD.

MR. SALKA: THANK YOU VERY MUCH. DO WE HAVE

ANY NUMBERS ON INCIDENCES OF ACCIDENTS, OCCURRENCES THAT HAVE

HAPPENED BECAUSE OF OBSTRUCTION OF THE WINDSHIELD OR THE -- THE REAR

WINDOW?

MS. DARLING: NOT ON HAND.

MR. SALKA: SO, POSSIBLY IT COULD BE REMOTE OR IT

COULD BE OF AN IMPRESSIVE NUMBER ENOUGH TO JUSTIFY SOMETHING LIKE

THIS? WE REALLY DON'T KNOW?

MS. DARLING: NO.

MR. SALKA: OKAY. THANK YOU. ALSO, I'M NOT SURE

-- I'M NOT A LAWYER, SO I'M NOT EXACTLY SURE WHAT THE ANSWER WOULD BE

TO THIS, BUT IS THERE GOING TO BE A MINIMUM FINE ATTACHED TO THIS

OFFENSE? SO, WILL SOMEONE GET FINED $100 FOR THIS VIOLATION ALONG WITH

THE STATE SURCHARGE OR IS THAT UP TO THE PARTICULAR JUDGE OR HOW IT'S

CLAIMED?

MS. DARLING: ONE MINUTE.

THIS BILL DOESN'T ALTER THE FINES THAT ARE CURRENTLY IN

PLACE FOR THIS EQUIPMENT VIOLATION.

MR. SALKA: SO I KNOW THAT SOME EQUIPMENT

VIOLATIONS --

MS. DARLING: AND THE MAXIMUM -- THE MAXIMUM

NYS ASSEMBLY MARCH 10, 2022

FINE IS $150.

MR. SALKA: OKAY. THANK YOU. BECAUSE I KNOW

THAT SOMETIMES ALONG WITH THE STATE SURCHARGE SOME OF THESE FINES CAN,

EVEN FOR A MINOR VIOLATION, CAN BE -- CAN BE QUITE COSTLY, ESPECIALLY

SOMEONE OF -- OF MEAGER MEANS, IF YOU WILL. SO -- AND I KNOW

EVERYBODY HAS TO PERTAIN TO THE LAW AND ADHERE TO THE LAW. BUT TO

APPLY ANOTHER LAW THAT MIGHT CAUSE SOME KIND OF UNDULY FISCAL STRESS

ON SOMEONE IS -- IS OBVIOUSLY OF A CONCERN OF MINE. BUT THANK YOU.

THANK YOU FOR YOUR TIME.

MS. DARLING: OF COURSE. THANK YOU.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, WILL THE

SPONSOR YIELD FOR A QUESTION, PLEASE?

ACTING SPEAKER AUBRY: MS. DARLING, WILL YOU

YIELD?

MS. DARLING: I'LL YIELD.

ACTING SPEAKER AUBRY: MS. DARLING YIELDS.

MRS. PEOPLES-STOKES: THERE ARE A NUMBER OF

PEOPLE, INCLUDING MY DAUGHTER WHO TRANSITIONED A FEW YEARS AGO, WHO

WERE ISSUED HANDICAPPED STICKERS, AND YOU KIND OF HANG THEM ON YOUR

-- ON YOUR REARVIEW MIRROR. IS THAT ILLEGAL TO HAVE THAT UP THERE WHEN

YOU'RE DRIVING?

MS. DARLING: CAN YOU DESCRIBE THAT AGAIN?

MRS. PEOPLES-STOKES: SO THERE'S A LITTLE STICKER

THAT YOU CAN -- NOT A STICKER, A HANGER THAT YOU HANG OVER YOUR

NYS ASSEMBLY MARCH 10, 2022

REARVIEW MIRROR WHEN YOU'RE DRIVING SO WHEN YOU PARK PEOPLE KNOW

THAT YOU HAVE MOBILITY ISSUES AND YOU NEED TO BE ABLE TO PARK IN A

HANDICAPPED PARKING SPACE.

MS. DARLING: ALL RIGHT.

MRS. PEOPLES-STOKES: BUT SO WHEN YOU PULL OFF

AND DRIVE, IS THAT ILLEGAL TO HAVE THAT STILL HANGING IS MY QUESTION.

MS. DARLING: IF IT'S HANGING, YES.

MRS. PEOPLES-STOKES: IF IT'S HANGING.

MS. DARLING: YES.

MRS. PEOPLES-STOKES: YES. AND SO I -- I DON'T

KNOW ABOUT MANY PEOPLE, BUT I ACTUALLY LIVE IN A COMMUNITY WHERE A

LOT OF PEOPLE RIDE AROUND WITH THAT HANGING THERE BECAUSE THEY ARE

HANDICAPPED. AND WHEN THEY GET TO THE LOCATION WERE THEY WANT TO BE,

THEY WOULD LIKE TO PARK IN A HANDICAPPED PARKING SPACE WITHOUT BEING

TICKETED FOR IT. AND SO SOMETIMES THEY DON'T REMOVE IT. AND I GUESS

MY QUESTION -- REASON FOR ASKING THIS IS BECAUSE I SEE SO MANY PEOPLE

WITH THAT. POLICE WOULD BE CONSUMED WITH STOPPING DISABLED PEOPLE

ON A REGULAR BASIS TO ASK THEM TO REMOVE THE HANGER AND/OR GIVING

THEM A TICKET. AND/OR IN SOME CASES IF THEY'RE BLACK THEY COULD END UP

DEAD BECAUSE THAT DOES HAPPEN IN THIS COUNTRY. NOW, I'M NOT GOING TO

SAY THAT THAT'S THE OFFICERS'S INTENTION WHEN HE GOES TO WORK, BUT THAT IS

A RESULT ALL TOO OFTEN. AND SO I -- I DO UNDERSTAND MY COLLEAGUES'

CONCERNS ON THE OTHER SIDE OF THE AISLE REGARDING ANY CHANGES IN LAWS

THAT COULD NOT ALLOW OFFICERS TO DO WHAT THEY THINK THEIR JOB IS, BUT I

ALSO UNDERSTAND THE PERSPECTIVE FROM WHICH THIS BILL IS INTENDED. NO

NYS ASSEMBLY MARCH 10, 2022

ONE SHOULD COME TO WORK TO DO THEIR JOB FROM A RACIAL LENS, AND ALL TOO

OFTEN IN AMERICA AND IN NEW YORK STATE THAT HAPPENS. THIS IS AN

EFFORT TO TRY TO STREAM THAT DOWN JUST A LITTLE BIT. AND IF IT'S EFFECTIVE IT

WOULD BE BENEFICIAL FOR EVERYBODY, INCLUDING THOSE PEOPLE, HUNDREDS

OF THOUSANDS OF THEM, WHO HAVE A TAG HANGING FROM THEIR REARVIEW

MIRROR EVERY DAY BECAUSE THEY'RE HANDICAPPED.

THANK YOU, MR. SPEAKER.

MS. DARLING: THANK YOU.

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 7599. 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 VERY MUCH, SIR. THE

REPUBLICAN CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION. THOSE

WHO SUPPORT IT ARE FREE TO VOTE IN FAVOR CERTAINLY ON THE FLOOR OF THE

LEGISLATURE -- MANY OF OUR MEMBERS ARE HERE -- OR CALLING THE MINORITY

LEADER'S OFFICE AND WE'LL ENSURE THEIR VOTE IS PROPERLY RECORDED.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

NYS ASSEMBLY MARCH 10, 2022

SPEAKER. I'D LIKE TO REMIND MY COLLEAGUES THAT THIS IS GENERALLY GOING

TO BE MAJORITY MEMBERS VOTING IN THE AFFIRMATIVE ON THIS PIECE OF

LEGISLATION. HOWEVER, IF THERE ARE COLLEAGUES WHO CHOOSE NOT TO,

PLEASE FEEL TO CONTACT THE MAJORITY LEADER'S OFFICE, YOUR VOTE WILL BE

PROPERLY RECORDED.

THANK YOU, MR. SPEAKER.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER AUBRY: THANK YOU, MRS.

PEOPLES-STOKES.

MS. JACKSON TO EXPLAIN HER VOTE.

MS. JACKSON: THANK YOU, MR. SPEAKER, FOR

ALLOWING ME TO SPEAK ON -- ON THE FLOOR TO EXPLAIN MY VOTE. I VOTE IN

THE AFFIRMATIVE BECAUSE, ONE, IT'S FORTUNATE TO BE ABLE TO SIT IN THIS BODY

AND SAY THAT POLICE ARE SEEN AS PEOPLE TO HELP, BUT UNFORTUNATELY IN MY

COMMUNITY THAT IS NOT ALWAYS THE CASE. WE LIVE IN THE WORLD OF SANDRA

BLAND. WE LIVE IN A WORLD WHERE BLACK AND BROWN PEOPLE, NO MATTER

IF THEY'RE MALE OR FEMALE, ARE STOPPED BY THE POLICE AND THAT ONE MINOR

TRAFFIC STOP TURNS INTO SOMEONE LOSING THEIR LIFE. AND I BELIEVE THE

POINT IS THAT OUR POLICE OFFICERS HAVE SOMETHING BETTER TO DO THAN TO

STOP PEOPLE BY HANGING THINGS IN THEIR WINDOWS -- OR STICKERS ON THEIR

WINDOWS, RATHER, OR HANGING THINGS IN THEIR REARVIEW MIRROR -- IN THEIR

-- AND IN THEIR REARVIEW MIRROR. AND I GET TO SEE A LOT PEOPLE COME INTO

THIS -- THIS BUILDING, AND A LOT OF US LEAVE OUR LITTLE HANGING STICKER ON

OUR REARVIEW MIRROR, AND I WOULD LOVE OUR POLICE OFFICERS TO HAVE

SOMETHING BETTER TO DO THAN TO STOP US LEGISLATORS WHO DON'T -- I'M

NYS ASSEMBLY MARCH 10, 2022

ASSUMING ARE NOT COMING HERE TO DO ANY HARM OR DO ANY HARM ON OUR

REGULAR DAY TO DAY. I'D RATHER SEE THEM HAVE SOMETHING ELSE BETTER TO

DO. AND I WOULD LOVE TO SEE MY PEOPLE IN THE TIME HAVE A SPACE WHERE

THEY CAN INTERACT WITH POLICE AND IT NOT BE TO THE DETRIMENT OF THEIR LIFE.

BUT THAT IS NOT THE CASE RIGHT NOW, SO I THANK THE -- I WANT TO THANK THE

SPONSOR FOR THIS BILL AND I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. JACKSON IN THE

AFFIRMATIVE.

MS. HYNDMAN TO EXPLAIN HER VOTE.

MS. HYNDMAN: THANK YOU, MR. SPEAKER, FOR

ALLOWING ME TO EXPLAIN MY VOTE. I WANT TO THANK THE SPONSOR ON THIS

PIECE OF LEGISLATION. AND TO MY COLLEAGUES, EVERY OFFICER AND EVERYONE

WHO'S DRIVING A CAR WHO'S BLACK OR BROWN WANTS TO MAKE IT HOME AT

THE END OF THE DAY. BUT WHAT COUNTLESS MEN, BLACK MEN HAVE HEARD,

FATHERS BROTHERS, UNCLES, COUSINS, HUSBANDS HAVE HEARD A LOT OF TIMES

WITH THESE STOPS IS THAT, YOU FIT THE DESCRIPTION. SO WHAT WE HAVE TO BE

MINDFUL OF THE PIECES OF LEGISLATION WE PASS IN THE PEOPLE'S HOUSE HAVE

TO MOVE THE NEEDLE TO THE CENTER AND NOT TO THE LEFT OR THE RIGHT.

SO FOR THAT -- FOR THOSE REASONS I COMMEND THE

SPONSOR'S LEGISLATION BECAUSE AS WE KNOW THIS HAPPENS THROUGHOUT THE

STATE OF NEW YORK AND THROUGHOUT THE COUNTRY. I VOTE YES. THANK

YOU.

ACTING SPEAKER AUBRY: MS. HYNDMAN IN THE

AFFIRMATIVE.

MR. MEEKS TO EXPLAIN HIS VOTE.

NYS ASSEMBLY MARCH 10, 2022

MR. MEEKS: THANK YOU, MR. SPEAKER, FOR AN

OPPORTUNITY TO EXPLAIN MY VOTE. I HEARD A COLLEAGUE IN THE ROOM

EARLIER MENTION DWI. SOMETHING THAT AFFECTS A NUMBER OF PEOPLE IN

OUR COMMUNITY THAT WE DON'T TALK MUCH ABOUT IS DWB, DRIVING WHILE

BLACK. IT'S A REAL THING. I'VE EXPERIENCED IT MYSELF JUST A FEW YEARS AGO

WORKING AS A LABOR ORGANIZER DRIVING HOME AFTER WORK, A LONG DAY AT

WORK, PULLED UP IN FRONT OF MY HOME. I GET PULLED OVER BY A POLICE

OFFICER. HE IMMEDIATELY ASKED FOR MY INFORMATION, GET MY ID. OH,

YOU'RE STAYING HERE? YES, I LIVE HERE AND I HAPPEN TO OWN HERE. WELL,

YOU NEED TO USE YOUR SIGNAL WHEN YOU PULL INTO THE CURB. SO, I'M GOING

TO LET YOU GO, I'M NOT GOING TO BUST YOUR BALLS. WELL, HE DIDN'T KNOW

ABOUT THE MOMENT WHEN HE PULLED UP BEHIND ME AND HE PUT HIS LIGHTS

ON THAT WOULD -- THERE WAS A LEVEL OF ANXIETY THAT TOOK PLACE. THERE

WAS A -- A -- A LEVEL OF, WILL I SURVIVE THIS MOMENT, THIS INTERACTION?

SO IN THAT TIME THERE WERE PRAYERS THAT WERE SENT UP TO HEAVEN ASKING

GOD TO COVER ME IN THIS MOMENT AND LET THIS INTERACTION GO SMOOTHLY.

SO, IT WASN'T SO MUCH THAT I WAS DOING ANYTHING WRONG, BUT IT WAS AN

OPPORTUNITY, I GUESS, THEY SEIZE TO PULL SOMEONE OVER IN AN EFFORT TO

POLICE. HOWEVER, NOT TOO FAR FROM MY HOME AN OPEN AIR -- OPEN AIR

DRUG MARKET, AND THAT OPEN AIR MARKET DRUG MARKET EXISTED FOR SOME

TIME. SO I FOUND IT INTERESTING THAT I WAS BEING PULLED OVER, YET AN

OPEN AIR DRUG MARKET RIGHT UP THE STREET AND NO -- NO POLICING IN THAT

PARTICULAR AREA.

SO I THINK THAT, YOU KNOW, I'D LIKE TO THANK THE

SPONSOR FOR THIS LEGISLATION. I THINK IT'S NEEDED AND I THINK THAT WE

NYS ASSEMBLY MARCH 10, 2022

HAVE TO RECOGNIZE THAT INJUSTICE ANYWHERE IS A THREAT TO JUSTICE

EVERYWHERE. SO WHERE IT MAY NOT HAPPEN IN YOUR COMMUNITY, IT COULD

POSE A THREAT TO YOUR COMMUNITY. THANK YOU. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU, MR.

MEEKS.

MR. ANDERSON TO EXPLAIN HIS VOTE.

MR. ANDERSON: THANK YOU, MR. SPEAKER, TO

EXPLAIN MY VOTE. THANK YOU. I WANT TO COMMEND THE SPONSOR FOR

INTRODUCING THIS CRITICAL PIECE OF LEGISLATION. AS A YOUNG LEGISLATOR AND

AS SOMEONE WHO USES THE I-87, DRIVING UP HERE EVERY WEEK IS

SOMETHING THAT I'M FEARFUL OF. IT'S SOMETHING THAT MY FAMILY IS FEARFUL

OF. BECAUSE JUST LIKE MY COLLEAGUE SAID, DRIVING WHILE BLACK IS A REAL

THING HERE IN THE STATE OF NEW YORK AND ALL ACROSS THIS COUNTRY. AND

SO WHEN WE HAVE A CRITICAL PIECE OF LEGISLATION THAT UNDERSTANDS THE

NEED TO BALANCE THE SAFETY ON THE ROADS WHILE ALSO BALANCING AND

MAKING SURE THAT THERE'S RACIAL SENSITIVITY AND UNDERSTANDING THAT OUR

OFFICERS CAN'T JUST STOP FOLKS, IT'S IMPORTANT TO HAVE AND STRIKE THAT

BALANCE. AND I COMMEND THE SPONSOR FOR INTRODUCING THIS CRITICAL

PIECE OF LEGISLATION THAT UNDERSTANDS THAT BALANCE AND SO WE CAN BE A

LITTLE LESS FEARFUL, JUST SLIGHTLY LESS FEARFUL. OBVIOUSLY WE'RE STILL

FIGHTING AGAINST SYSTEMIC RACISM AND ALL THE OTHER ELEMENTS OF SYSTEMIC

RACISM, BUT THIS IS A DROP IN THE BUCKET TO ENSURE THAT WE CONTINUE THAT

FIGHT AND TO ENSURE THAT WE DON'T HAVE TO DRIVE IN FEAR AND WE DON'T

HAVE TO BE BEHIND THE WHEEL IN FEAR FOR HAVING AN AIR FRESHENER OR

HAVING A -- AS -- AS THE MAJORITY LEADER SAID, HAVING THE DECAL FOR

NYS ASSEMBLY MARCH 10, 2022

SOMEONE WHO LIVES WITH A DISABILITY. THESE ARE THE THINGS THAT WE

DON'T WANT TO BE FEARFUL OF, AND WE WANT TO DRIVE IN PEACE AND IN SAFETY

AND CREATE THAT BALANCE.

AND I AGAIN COMMEND THE SPONSOR FOR THIS PIECE OF

LEGISLATION AND PROUDLY VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. ANDERSON IN THE

AFFIRMATIVE.

MR. REILLY TO EXPLAIN HIS VOTE.

MR. REILLY: THANK YOU, MR. SPEAKER. SO READING

THE LEGISLATION I CLARIFIED ON DEBATE ABOUT THE TINTED WINDOWS. ONE

ISSUE THAT I STILL THINK IS THAT IN THE LEGISLATION IT DOESN'T SAY ABOUT HOW

MUCH OF A WINDOW CAN BE BLOCKED. AND WE SEE THE HIGH SCHOOLS, YOU

KNOW, CHEERLEADING COMPETITIONS, WE SEE PEOPLE ADVERTISING THINGS,

AND THEY PUT THESE LITTLE CAR WRAPS OR PICTURES OR POSTERS ON THEIR

WINDSHIELDS. IF THERE WAS SOMETHING THAT COULD ACTUALLY ENSURE THAT WE

SAY HOW MUCH OF A WINDSHIELD OR A BACK REAR WINDOW HAS TO BE OPEN

FOR VIEW, THAT WOULD BE SOMETHING THAT COULD HELP. BUT INSTEAD WE'RE

DEBATING ON WHETHER A HANGING THING -- AND YES, I REMEMBER AS A KID IN

BROOKLYN, IN BENSONHURST, PEOPLE DRIVING AROUND WITH THEIR LITTLE FUZZY

DICE, AND YES, IT DID OBSTRUCT DRIVING AND IT DID CAUSE INJURIES BECAUSE

OF ACCIDENTS, NOT TO MENTION THEIR FEET OUT THE WINDOW. BUT LET'S JUST

SAY THERE IS A WAY THAT WE CAN FIX THIS. AND AS FOR SPEAKING ABOUT THE

DISPROPORTIONATE CAR STOPS IN MINORITY COMMUNITIES, I WORKED IN THOSE

MINORITY COMMUNITIES. I WILL TELL YOU THAT WE DO NEED A LITTLE MORE

EMPATHY ON BOTH SIDES OF THE AISLE, BOTH SIDES OF THE COMMUNITY FROM

NYS ASSEMBLY MARCH 10, 2022

THE POLICE, AND I ENSURE YOU THAT I WILL DO MY BEST TO CONTINUE THAT

EFFORT. AND, YOU KNOW, THOSE PRAYERS THAT ARE MADE ON CAR STOPS? AS

A POLICE OFFICER I MADE THOSE PRAYERS, TOO AS I'M APPROACHING. BECAUSE

I CAN TELL YOU IN NO WAY DID I EVER, EVER WANT TO FIRE MY GUN IN THE LINE

OF DUTY AND I WAS THANKFUL THAT I NEVER DID BECAUSE THAT IS SOMETHING

THAT YOU CAN NEVER FORGET. I HAVE BEEN INVOLVED IN SHOOTINGS. I WAS

RIGHT THERE AS THE GUNFIRE WAS HAPPENING. IT IS SOMETHING YOU NEVER

GET PAST AND I LIVE WITH THAT EVERY DAY. AND I KNOW OUR COMMUNITIES

LIVE WITH THAT EVERY DAY. BUT I JUST THINK THERE'S A LITTLE MORE THAT WE

COULD HAVE DID TO MAKE SURE THAT THERE'S A SAFETY ASPECT OF THIS FOR

MOTORISTS ON THE ROAD. NOT NECESSARILY FOR LAW ENFORCEMENT, FOR THE

COMMUNITY-AT-LARGE.

THANK YOU, MR. SPEAKER. I VOTE IN THE NEGATIVE.

ACTING SPEAKER AUBRY: THANK YOU. MS. --

MR. TAYLOR.

MR. TAYLOR: MR. SPEAKER, THANK YOU. I RISE TO

COMMEND THE SPONSOR OF THIS PIECE OF LEGISLATION. AND I HEAR THE

CONVERSATION AND I THINK THERE'S MERIT ON BOTH SIDES. BUT I WANT TO

SHARE AND WEIGH IN WITH MY EXPERIENCE AS A FORMER MILITARY POLICE

OFFICER. AND TO THAT DEGREE, I REMEMBER SOME NIGHTS WHEN THINGS WERE

SLOW. AND YOUNG, LOOKING FOR SOMETHING TO DO AND SOMEONE SURELY

HAS DONE SOMETHING WRONG AS I PARKED OUTSIDE OF THE WHAT THEY CALL

THE NCO (WHEN YOU GET TO THIS PART, COME AND SEE ME) OR THE ENLISTED

CLUB BECAUSE IF YOU'VE BEEN IN THERE FOR A COUPLE OF HOURS, I'M SURE IT

WAS NOT ONLY DANCING. SO PROBABLY I CAN FIND PROBABLE CAUSE WITH --

NYS ASSEMBLY MARCH 10, 2022

WITH -- WITH (INAUDIBLE) TO IT, IF THAT MAKES SENSE. BUT WHEN WE TALK

ABOUT A HANGING DEVICE FROM THE REARVIEW MIRROR, I THINK IT INTENSIFIES

THE OPPORTUNITY FOR SOMEONE TO LOOK FOR PROBABLE CAUSE. AND MORE

TIMES THAN NOT, THE INDIVIDUAL IN THAT CAR THAT'S BEING STOPPED, IF THEY --

HE OR SHE IS OF COLOR, ARE PETRIFIED. I'VE BEEN STOPPED MORE TIMES THAN

THE LAW ALLOWS. EVEN AS A LEGISLATOR COMING UP THAT THRUWAY. HEY,

YOU GOT A TAILLIGHT OUT. OH, YOU KNOW YOUR LICENSE PLATE THING IS

MISSING. PROBABLE CAUSE IS RELEVANT IN SOME PLACES, BUT I THINK THAT IT'S

FAR OVERREACHING AND SUBJECTIVE. WE HAVE TO BE CAREFUL AS WE TRY TO

PROTECT OFFICERS THAT WE ALSO WANT THE CITIZENS OF THIS COUNTRY TO FEEL

EQUALLY AS SAFE AS THEY'RE GOING ABOUT THEIR BUSINESS.

SO, FOR THAT, MR. SPEAKER, I STAND AND COMMEND THE

SPONSOR OF THIS LEGISLATION. AND WE'RE SPLITTING HAIRS ABOUT MUCH OF

NOTHING. MUCH TO DO ABOUT NOTHING. IN MY OPINION WE NEED TO JUST

TOTALLY GET RID OF IT AND ALLOW PEOPLE AS CITIZENS AROUND THIS COUNTRY TO

DRIVE THROUGH AND FROM. BUT IF I NEED A PROBABLE CAUSE SO MINUTE THAT

I HAVE TO SEE WELL, WHAT'S IN YOUR DEVICE I THINK IT'S FAR REACHING AND

CAN BE SUBJECTIVE. WELL, WHY DID YOU STOP THAT VEHICLE? AND IF YOU

DO NOT HAVE PROBABLE CAUSE, THEN EVERYTHING GOES SOUTH AFTER THAT.

YOU MUST RELEASE THAT INDIVIDUAL BECAUSE YOU HAD NO PROBABLE CAUSE

FOR STOPPING THE VEHICLE IN THE FIRST PLACE. I HEARD THE ARGUMENT ABOUT

SOMETHING IN ANOTHER STATE WHERE THIS WAS THROWN OUT. THAT'S

UNFORTUNATE. BUT IF YOU DO NOT HAVE THE PROBABLE CAUSE YOU CANNOT

STOP THE VEHICLE AND EVERYTHING AFTER THAT BECOMES --

ACTING SPEAKER AUBRY: REVEREND, HOW DO

NYS ASSEMBLY MARCH 10, 2022

YOU VOTE?

MR. TAYLOR: IN THE POSITIVE -- IN THE AFFIRMATIVE.

THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MS. LUCAS --

MR. TAYLOR: THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: -- TO EXPLAIN HER VOTE.

MS. LUCAS: I THINK MANY PEOPLE ARE PASSIONATE

ABOUT THIS. COMING FROM EAST NEW YORK WE ARE STOPPED WHILE

DRIVING BLACK AND WE ARE STOPPED BY WALKING BLACK. I MYSELF HAVE

BEEN PULLED OVER IN MY OWN COMMUNITY DRIVING AROUND TWICE IN ONE

NIGHT. I WAS ALSO PULLED OVER WITH GUNS DRAWN IN MANHATTAN. AND SO I

COMPLETELY UNDERSTAND THE NEED FOR A BILL LIKE THIS. UNFORTUNATELY, IT IS

NOT EQUITABLE WHEN IT COMES TO STOPS WITHIN THE CITY. AND WE'VE

WATCHED OVER AND OVER AGAIN AS MANY PEOPLE AND YOUNG MEN AND

WOMEN ARE KILLED UPSTATE, IN THE SOUTH, IN THE CITY, AND IT'S EXTREMELY

IMPORTANT FOR US TO IDENTIFY AND MAKE SURE THAT WE ARE PAYING ATTENTION

TO WHAT IS HAPPENING REGARDLESS OF WHERE WE LIVE. AND WHILE IT MAY

NOT AFFECT MANY OF THE UPSTATE LEGISLATORS, THIS IS SOMETHING THAT WE

CAN'T WAIT UNTIL SOMETHING HAPPENS IN OUR COMMUNITY FOR US TO FEEL A

NEED AND UNDERSTAND THE NEED FOR JUSTICE TO BE SERVED. AND BECAUSE OF

MY OWN PERSONAL EXPERIENCING -- EXPERIENCES AND ME WATCHING AND

HAVING TO PULL OVER TO FILM AND WATCH AS POLICE ADDRESS AND DEAL WITH

MY BROTHERS AND MY SISTERS WITHIN THIS COMMUNITY, THIS IS THE REASON

WHY IT IS EXTREMELY NECESSARY FOR ME TO VOTE IN THE AFFIRMATIVE.

NYS ASSEMBLY MARCH 10, 2022

I COMMEND MY COLLEAGUE FOR BRINGING THIS TO SURFACE

AND TO EXPOSING SOME OF THE INJUSTICES WITHIN THIS STATE. AND AGAIN, I

HAVE TO VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. LUCAS IN THE

AFFIRMATIVE.

MS. DARLING TO EXPLAIN HER VOTE.

MS. DARLING: THANK YOU FOR THE OPPORTUNITY TO

EXPLAIN MY VOTE. I WOULD LOVE FOR EVERYONE IN NEW YORK STATE AND

THE UNITED STATES TO LIVE IN A PLACE WHERE WHEN THEY SEE LAW

ENFORCEMENT THAT THEY FEEL SAFE AND -- AND THEY'RE GRATEFUL AND THEY

KNOW THAT THEY'RE THERE TO HELP. AND I REALLY HATE THIS CONVERSATION

AND FEELING OF US VERSUS THEM AS WE WORK HARD TO AGAIN CREATE THESE

PROTECTIONS FOR COMMUNITIES THAT HAVE BEEN TARGETED. AND I JUST

WANTED TO SHARE HEARING MY COLLEAGUES' EXPERIENCES, ALL MY LIFE I

WANTED TO HAVE A -- A BEAUTIFUL BLACK SON, AND I HAVE HIM NOW. AND

TO HAVE THE STARK DIFFERENCE BETWEEN HOW I HAVE TO RAISE HIM AND HOW

HE HAS TO ENCOUNTER THE WORLD AND HOW TO TEACH HIM HOW THE WORLD

WILL ENCOUNTER HIM VERSUS MY -- MY DAUGHTER'S, I PRAY I HAVE THE

STRENGTH TO HANDLE THAT. I PRAY MY CHILD IS NOT AT THE HAND OF SOMEONE

BECAUSE THEY FEEL LIKE HE SHOULDN'T BE HERE OR THAT PEOPLE WHO LOOK

LIKE HIM ARE CRIMINALS. AND YES, WE'RE NOT GOING TO BE ABLE TO ERASE

THAT FEELING AND THAT APPROACH BECAUSE IT IS IN THE FABRIC OF OUR

COUNTRY. BUT IT IS OUR RESPONSIBILITY, ESPECIALLY HERE IN NEW YORK

STATE, TO DO ALL THAT WE CAN TO ENSURE THAT EVERYONE HERE FEELS LIKE THEY

BELONG AND THEY FEEL SAFE. AND THAT IS WHY WE DO THIS EVERY DAY. AND

NYS ASSEMBLY MARCH 10, 2022

I'M JUST SO GRATEFUL TO -- TO BE IN A BODY WHERE MANY OF US UNDERSTAND

THAT. AND FOR THAT REASON I -- OF COURSE I'LL BE VOTING IN THE AFFIRMATIVE.

THANK YOU ALL SO MUCH.

ACTING SPEAKER AUBRY: MR. GIBBS TO EXPLAIN

HIS VOTE.

MR. GIBBS: THANK YOU, MR. SPEAKER, FOR THE

OPPORTUNITY TO EXPLAIN MY VOTE. I ALSO WANT TO THANK THE SPONSOR FOR

BRINGING IT TO THE FOREFRONT. I, TOO, HAVE BEEN PULLED OVER ON A NUMBER

OF OCCASIONS, AND WHETHER IT BE FIVE, TEN MINUTES -- EXCUSE ME, FIVE,

TEN MILES OVER THE LIMIT OR I MAY HAVE SWITCHED THE LANES WITHOUT

SIGNALING. I -- I WANT TO SHARE WITH MY COLLEAGUES WHO PERHAPS DON'T

LIVE IN A POLICED DISTRICT TO JUST BEAR WITH ME FOR A FEW SECONDS AND

IMAGINE LIVING IN A DISTRICT WHERE -- WHERE THE POLICE FORCE IS

PREDOMINANTLY BLACK AND BROWN AND YOU'RE PULLED OVER SIMPLY

BECAUSE YOU'RE WHITE. AND BECAUSE YOU SWITCHED LANES WITHOUT

SIGNALING, NOW YOU'RE ACCOSTED AT YOUR DOOR AND WINDOW BY AN OFFICER

WITH HIS HAND ON THE REVOLVER WHILE BANGING ON YOUR WINDOW WITH A

FLASHLIGHT. VERY INTIMIDATING JUST FOR SWITCHING LANES WITHOUT

SIGNALING. NOW WE HAVE A BILL THAT ADDRESSES BEING PULLED OVER

BECAUSE YOU HAVE SOMETHING HANGING OVER YOUR REARVIEW MIRROR,

ANOTHER JUSTIFICATION TO STOP. I -- I JUST WANT -- WANT YOU ALL TO IMAGINE

THE FEAR THAT WE GO THROUGH DRIVING AND BEING PULLED OVER. SEEING THE

SIREN, WONDERING IS TODAY YOUR DAY? WILL YOU SURVIVE THE STOP? WILL

THE OFFICER BE KIND? WILL THE OFFICER BE MINDFUL THAT YOU HAVE A FAMILY

AT HOME WAITING FOR YOU? THESE ARE THE THINGS THAT WE DO AND SEE AND

NYS ASSEMBLY MARCH 10, 2022

EXPERIENCE IN OUR DISTRICT.

SO I APPLAUD THE SPONSOR FOR THE BILL AND I STAND

AFFIRMATIVE ON MY VOTE YES.

ACTING SPEAKER AUBRY: MR. GIBBS IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MR. GOODELL FOR THE PURPOSES OF AN INTRODUCTION.

MR. GOODELL: THANK YOU VERY MUCH, MR.

SPEAKER. IT IS MY GREAT HONOR AND PRIVILEGE TO INTRODUCE TO ALL OF OUR

COLLEAGUES JOE CHENELLY. MR. CHENELLY IS THE EXECUTIVE DIRECTOR OF

AMVETS HERE IN NEW YORK STATE, AND HE COMES TO US WITH AN

EXTENSIVE SERVICE TO OUR COUNTRY AS A U.S. MARINE FOR SEVEN YEARS

SERVING IN AFGHAN -- AFGHANISTAN 2001-2002, IRAQ IN 2003-2004.

ALSO, HE SERVED IN AFRICA IN 2002. I RECOGNIZE THAT HE SERVED IN THE

U.S. MARINES, WHICH HAS A SPECIAL PLACE IN MY HEART SINCE MY DAUGHTER

WAS ALSO SERVING IN IRAQ DURING THE SAME TIME PERIOD AS A MEMBER OF

THE U.S. MARINES.

PLEASE WELCOME JOE CHENELLY AS A GUEST OF

ASSEMBLYMAN HAWLEY AND WELCOME HIM TO OUR CHAMBER. THANK YOU

SO MUCH, SIR.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. GOODELL, MR. HAWLEY, THE SPEAKER AND ALL THE MEMBERS, SIR, WE

EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. WE ARE PLEASED AND HONORED

NYS ASSEMBLY MARCH 10, 2022

THAT YOU'VE JOINED US, AND WE COMMEND YOU FOR THE SERVICE THAT YOU'VE

PROVIDED THIS COUNTRY AND THE SACRIFICES THAT YOU'VE MADE FOR ALL OF US

SO THAT WE CAN BE FREE AND WE CAN HAVE THE KIND OF DEBATES THAT YOU

HEARD HERE TODAY WHERE WE SEEK TO FIND RESOLUTION TO THE PROBLEMS OF

OUR WORLD. THANK YOU SO VERY MUCH, AND YOU ARE ALWAYS WELCOME

HERE.

(APPLAUSE)

PAGE 36, CALENDAR NO. 259, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A07605-A, CALENDAR

NO. 259, BARRETT, NORRIS. AN ACT TO AMEND THE TAX LAW, THE EXECUTIVE

LAW, THE ECONOMIC DEVELOPMENT LAW, THE PUBLIC OFFICERS LAW, THE

REAL PROPERTY TAX LAW AND THE MILITARY LAW, IN RELATION TO EXPANDING

THE DEFINITION OF VETERAN TO INCLUDE MEMBERS OF THE COMMISSIONED

CORPS O THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION AND

THE UNITED STATES PUBLIC HEALTH SERVICE.

ACTING SPEAKER AUBRY: MRS. BARRETT, AN

EXPLANATION IS REQUESTED.

MRS. BARRETT: THANK YOU, MR. SPEAKER --

ACTING SPEAKER AUBRY: ONE MINUTE. LET THE

CROWD KIND OF CLEAR OUT BEHIND YOU.

MRS. BARRETT: IT'S MY FAN CLUB. WHERE -- WHERE

ARE YOU SENDING THEM?

THE PURPOSE OF THIS BILL IS TO ENSURE THAT ALL PERSONS

RECOGNIZED AS A VETERAN UNDER FEDERAL LAW ARE ALSO RECOGNIZED AS SUCH

UNDER STATE LAW, WHICH MEANS INCLUDING THE COMMISSION CORPS OF

NYS ASSEMBLY MARCH 10, 2022

NOAA, BEING THE NATIONAL OCEAN -- OCEANIC AND ATMOSPHERIC

ADMINISTRATION, AND THE U.S. PUBLIC HEALTH SERVICES.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. WOULD THE SPONSOR

YIELD?

MRS. BARRETT: YES, SIR.

ACTING SPEAKER AUBRY: MRS. BARRETT YIELDS.

MR. GOODELL: THANK YOU, MRS. BARRETT. AS YOU

KNOW, MANY OF OUR LOCAL MUNICIPALITIES GIVE A TAX CREDIT OR A PARTIAL

PROPERTY TAX EXEMPTION TO VETERANS. WOULD THIS LAW AUTOMATICALLY

EXPAND THOSE WHO ARE GETTING THE EXEMPTION FOR ALL OF OUR LOCAL

MUNICIPALITIES WHO HAVE OPTED INTO THAT PROGRAM?

MRS. BARRETT: NO, THIS REALLY JUST MAKES THE LAW

CONSISTENT WITH THE STATE AND THE FEDERAL GOVERNMENT, AND WHAT

MUNICIPALITIES DO ABOUT TAX EXEMPTIONS IS -- IS A COMPLETELY SEPARATE

ISSUE.

MR. GOODELL: SO IF A LOCAL MUNICIPALITY, FOR

EXAMPLE -- AND MANY IN MY DISTRICT HAVE -- IF A LOCAL MUNICIPALITY

GIVES A TAX EXEMPTION FOR VETERANS, WOULD THIS LAW IF ADOPTED THEN

AUTOMATICALLY INCREASE THE NUMBER OF INDIVIDUALS ELIGIBLE FOR THAT

EXEMPTION?

MRS. BARRETT: THEY -- THEY CAN BE IF THE

MUNICIPALITY WANTS TO DO THAT, BUT IT'S NOT REQUIRED. IT'S NOT -- IT'S NOT A

PART OF PASSING THIS LEGISLATION.

MR. GOODELL: SO IF THIS LAW PASSES, WOULD THEN

NYS ASSEMBLY MARCH 10, 2022

THE MUNICIPALITIES STILL HAVE THE OPTION OF SAYING, WE'RE ONLY GIVING A

TAX EXEMPTION FOR MEMBERS OF THE ARMY, AIR FORCE, MARINE, COAST

GUARD? I HOPE I HAVEN'T MISSED -- BUT NOT THE PUBLIC HEALTH --

MRS. BARRETT: AND THE SPACE FORCE, DON'T FORGET

THE NEW SPACE FORCE.

MR. GOODELL: SPACE FORCE BUT NOT THE PUBLIC

HEALTH SERVICE?

MRS. BARRETT: THEY WOULD NEED TO DO IT ALL

TOGETHER IF THEY WERE DOING ANY OF THEM.

MR. GOODELL: IT'S ALL OR NOTHING, RIGHT? YEAH,

THAT'S WHAT I KIND OF THOUGHT. ISN'T THERE A FUNDAMENTAL DIFFERENCE

BETWEEN SERVING IN THE PUBLIC HEALTH SERVICE WHERE YOU'RE NOT ON THE

FRONT LINE, HOPEFULLY, OF ANY CONFLICT AND SERVING ON THE FRONT LINE AS A

MEMBER OF THE U.S. MARINES, FOR EXAMPLE, IN AFGHANISTAN OR IRAQ OR --

OR ELSEWHERE?

MRS. BARRETT: YOU DON'T THINK SERVING IN A

MEDICAL HOSPITAL AND BEING UNDER FIRE IS ON THE FRONT LINES AS A PUBLIC

HEALTH OFFICER? I -- I THINK THERE ARE MANY DIFFERENT WAYS THAT PEOPLE

SERVE IN THE MILITARY, AND THE FACT THAT THE FEDERAL GOVERNMENT IS

INCLUDING THESE TWO IS -- IS I THINK TESTAMENT TO THE FACT THAT THEY ARE AS

MUCH ON THE FRONT LINE AS OUR OTHER DEVOTED AND HEROIC SERVICE

MEMBERS.

MR. GOODELL: THANK YOU, MRS. BARRETT. I

APPRECIATE YOUR COMMENTS.

ON THE BILL, SIR.

NYS ASSEMBLY MARCH 10, 2022

ACTING SPEAKER AUBRY: ON THE BILL MR.

GOODELL.

MR. GOODELL: THANK YOU VERY MUCH, SIR. THERE

IS NO DOUBT IN ANYONE'S MIND HERE THAT THE NATIONAL OCEANIC AND

ATMOSPHERIC ADMINISTRATION DOES A PHENOMENAL JOB HELPING US WITH

WEATHER PREDICTIONS. AND THERE'S NO DOUBT THAT THE PUBLIC HEALTH

SERVICE DOES A GREAT JOB HELPING US ADDRESS MANY PUBLIC HEALTH ISSUES.

BUT I HAVE TWO CONCERNS. FIRST, I THINK THERE IS A FUNDAMENTAL

DIFFERENCE BETWEEN OUR U.S. MILITARY THAT ARE SERVING ON THE FRONT LINES

OR ARE IN A SERVICE THAT COULD PUT THEM ON THE FRONT LINES IN AN ARMED

CONFLICT. I THINK THERE'S A SUBSTANTIAL AND SIGNIFICANT DIFFERENCE

BETWEEN THAT GROUP OF MILITARY OFFICERS AND MEMBERS OF THE MILITARY

AND THOSE WHO ARE WORKING HERE IN THE UNITED STATES AS PART OF A

FEDERAL BUREAUCRACY. PART OF THE PUBLIC HEALTH SERVICE OR PART OF

NOAA. AND WHILE I APPRECIATE THAT THE FEDERAL GOVERNMENT MAY

EXTEND THE OPPORTUNITY FOR MEMBERS OF THE PUBLIC HEALTH SERVICE TO

ACCESS V.A. SERVICES, I THINK THAT'S GREAT. AND I SUPPORT WHAT THE

FEDERAL GOVERNMENT DOES IN TERMS OF OFFERING BENEFITS TO ALL OF ITS

FEDERAL EMPLOYEES. BUT I DON'T THINK THAT MEANS THAT THE STATE OF NEW

YORK SHOULD MANDATE THAT ALL OF OUR LOCAL GOVERNMENTS AUTOMATICALLY

EXTEND ALL THEIR VETERAN BENEFITS TO MEMBERS OF THE FEDERAL PUBLIC

HEALTH SERVICE OR NOAA. IT'S NOT OUR RESPONSIBILITY TO MANDATE THAT

LOCAL GOVERNMENTS EXTEND BENEFITS TO FEDERAL BUREAUCRATS THAT WOULD

NEVER NORMALLY FACE THE CHALLENGES AND THE RISKS OF BEING A MEMBER OF

OUR ACTIVE MILITARY THAT FACES THE CHALLENGES OF BEING IN BATTLE.

NYS ASSEMBLY MARCH 10, 2022

AND SO FOR THAT REASON I -- I WILL OPPOSE THIS BOTH

BECAUSE I THINK IT'S AN UNWARRANTED EXPANSION AND BECAUSE I OPPOSE

IMPOSING ADDITIONAL MANDATES ON OUR LOCAL GOVERNMENTS. THANK YOU,

SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MR. SMULLEN.

MR. SMULLEN: THANK YOU, MR. SPEAKER. WOULD

THE SPONSOR YIELD FOR A QUESTION?

ACTING SPEAKER AUBRY: MRS. BARRETT, WILL

YOU YIELD?

MRS. BARRETT: YES.

ACTING SPEAKER AUBRY: MRS. BARRETT YIELDS.

MR. SMULLEN: MRS. BARRETT, THANK YOU VERY MUCH

FOR -- FOR BRINGING UP THIS BILL. I NOTICE THAT IT DOESN'T HAVE A SAME-AS

SPONSOR IN THE SENATE AS OF YET. IS THAT -- IS THAT TRUE?

MRS. BARRETT: WELL, IT DOESN'T EXACTLY HAVE A

SAME-AS. THE BILL WAS CHANGED, BUT THERE IS A SENATE SPONSOR.

MR. SMULLEN: THERE -- THERE IS A SENATE SPONSOR

IN -- IN THE BILL. THANK YOU. I DIDN'T -- I DIDN'T KNOW THIS BILL WAS

COMING UP TODAY OR ELSE I WOULD HAVE ASKED IF I COULD -- COULD

COSPONSOR IT. I JUST WANTED TO BE CLEAR ABOUT IT. THE -- THE VARIOUS

BRANCHES OF THE MILITARY AT THE FEDERAL LEVEL ARE -- ARE CLARIFIED IN

FEDERAL STATUTE, INCLUDING THEIR ABILITY TO RECEIVE VETERANS BENEFITS.

AND I'VE -- I'VE HEARD MY COLLEAGUES, AND -- AND I JUST WANT TO BE CLEAR

THAT I CONSIDER THE U.S. PUBLIC HEALTH SERVICE AND THE NATION OCEANIC

NYS ASSEMBLY MARCH 10, 2022

ADMINISTRATION TO BE PART OF THE MILITARY WHEN THEY'RE CALLED TO DO SO,

AND IT'S UNDER SPECIFIC CRITERIA UNDER CERTAIN PLANS. BUT FOR INSTANCE,

WE DID HAVE U.S. PUBLIC HEALTH SERVICE OFFICERS SERVING IN

AFGHANISTAN, AND THAT WOULD IN SOME WAYS, ALTHOUGH WE -- WE CAN

MAKE A DISTINCTION BETWEEN COMBAT BRANCHES IN -- IN THE VARIOUS

MILITARY SERVICES AND THE NON-COMBAT SUPPORT BRANCH. THIS WOULD BE

WHAT WOULD BE CONSIDERED A -- A SERVICE SUPPORT BRANCH. AND IT DOES

SO AT THE NATIONAL LEVEL AND IT PROVIDES VERY VALUABLE INFORMATION TO

NOT ONLY THE FULL FEDERAL GOVERNMENT BUT ALL OF THE MILITARY. AND IT'S --

IT'S REALLY IMPORTANT THAT THIS -- THIS DISTINCTION AND THEIR ROLE IS -- IS

CODIFIED. AND I -- GENERALLY SPEAKING I'M IN -- I'M IN --

MR. SPEAKER, ON THE BILL. MY -- MY APOLOGIES.

ACTING SPEAKER DILAN: ON THE BILL. AND I

THINK -- I THINK IN GENERAL THIS IS SOMETHING THAT JUST -- IT -- IT CODIFIES

AND CLARIFIES IT IN NEW YORK STATE LAW. BUT AS MY COLLEAGUE DID ALSO

RECOMMEND, YOU KNOW, I THINK THE DISTINCTION NEEDS TO BE MADE THAT

IT'S STILL UP TO LOCALITIES AS TO WHETHER THEY -- WHETHER THEY WANT ARMED

SERVICES OR SOME OF THESE OTHER SERVICES THAT ARE THERE BECAUSE WE'VE

ALSO GOT A SIXTH BRANCH OF THE MILITARY NOW, WHICH IS THE SPACE FORCE.

AND IT'S GETTING KIND OF DIVIDED UP BETWEEN -- IT'S NOT JUST ARMY, NAVY

AIR FORCE, MARINES, COAST GUARD, SPACE FORCE, PUBLIC HEALTH SERVICE

AND A -- AND A VARIETY OF OTHER NATIONAL LEVEL ENTITIES. BUT GENERALLY

SPEAKING I'M IN FAVOR OF LEGISLATION LIKE THIS AND JUST URGE MY

COLLEAGUES JUST TO CONSIDER IT AT THE NATIONAL LEVEL, BUT THEN BRING IT

DOWN TO THE STATE LEVEL AND ALLOW MUNICIPALITIES THE DISCRETION AS TO

NYS ASSEMBLY MARCH 10, 2022

WHETHER THEY WANT TO EXTEND THAT FINANCIAL BENEFIT THAT WOULD -- THAT

WOULD OCCUR AT THAT LEVEL.

THANK YOU VERY MUCH, MR. SPEAKER.

ACTING SPEAKER DILAN: MR. ANGELINO.

MR. ANGELINO: THANK YOU, MR. SPEAKER. WILL

THE SPONSOR YIELD FOR A COUPLE OF QUESTIONS, PLEASE?

ACTING SPEAKER DILAN: WILL THE SPONSOR

YIELD?

MRS. BARRETT: YES, I WILL.

MR. ANGELINO: HELLO. A COUPLE OF QUICK

QUESTIONS. I'M VAGUELY AWARE OF NOAS [SIC] AND THE JOB THEY DO. I

ALSO AM AWARE THEY DO SOMETIMES DEPLOY --

MRS. BARRETT: I'M SORRY, COULD YOU JUST SPEAK UP

A LITTLE MORE CLEARLY? I'M LOSING SOME OF YOUR WORDS IN THE VAST

(INAUDIBLE) HERE.

MR. ANGELINO: VERY WELL. I'M VAGUELY AWARE OF

THIS AGENCY, AND I DO KNOW THAT THEY HAVE DEPLOYED IN THE PAST. DO

YOU KNOW HOW MANY OF THESE --

MRS. BARRETT: WHICH AGENCY ARE YOU SPEAKING

ABOUT? THERE'S TWO AGENCIES THAT WE'RE TALKING ABOUT HERE.

MR. ANGELINO: WHAT'S THE TOTAL POPULATION OF

THESE TWO AGENCIES? I KNOW I CAN FIND --

MRS. BARRETT: I DON'T KNOW. IF YOU KNOW THAT,

PLEASE SHARE IT WITH US.

MR. ANGELINO: OKAY. I -- I DON'T THINK THERE'S

NYS ASSEMBLY MARCH 10, 2022

MANY, SO I DON'T -- AND I DON'T KNOW HOW MANY ARE IN NEW YORK STATE,

EVEN. DOES THE U.S. GOVERNMENT RECOGNIZE THESE PEOPLE AS VETERANS?

MRS. BARRETT: YES, THAT'S THE REASON WE'RE DOING

THIS.

MR. ANGELINO: OKAY.

MRS. BARRETT: TO MAKE OUR STATE LAW -- THAT'S I

SAID IN THE EXPLANATION, TO MAKE OUR STATE LAW CONSISTENT WITH THE

FEDERAL GOVERNMENT.

MR. ANGELINO: OKAY. I -- I DIDN'T KNOW THIS WAS

COMING UP AND -- OR I WOULD HAVE DONE RESEARCH AND WOULDN'T HAVE TO

ASK THESE QUESTIONS. BUT I'M -- I'M SURE YOU'RE AWARE IN YOUR POSITION

ON THE VETERANS COMMITTEE THAT VETERANS ARE ALSO DISTINGUISHED BY

WHERE THEY SERVED, WHEN THEY SERVED AND WHAT DEVICES OR DECORATIONS

THEY MIGHT HAVE. ARE WE GOING TO TRY AND DO SOMETHING LIKE THAT WITH

THIS?

MRS. BARRETT: NO, THAT'S NOT OUR INTENTION.

MR. ANGELINO: OKAY. I KNOW SOME VETERANS IF

THEY SERVED IN COMBAT THEY HAVE A HIGHER RATING FOR THEIR TAX DEDUCTION

AND, THEN DISABLED AND WOUNDED. AND AGAIN, I DON'T KNOW BECAUSE I --

I COULD HAVE RESEARCHED THIS BUT WE'RE STANDING HERE NOW. DO THESE --

THESE VETERANS, DO THEY RECEIVE SOME SORT OF DISCHARGE PAPERS TO

PROVE?

MRS. BARRETT: YEAH, YES, THEY --

MR. ANGELINO: OKAY.

MRS. BARRETT: THEY ARE --

NYS ASSEMBLY MARCH 10, 2022

MR. ANGELINO: OKAY. I -- I VOTED YES ON THIS

ALREADY ONCE, BUT I DIDN'T KNOW WE WERE ACTUALLY GOING TO DEBATE IT

BECAUSE THIS WILL PROBABLY BE A YES FOR ME TODAY, TOO. BUT --

MRS. BARRETT: WE -- WE DIDN'T HAVE TO DEBATE IT.

MR. ANGELINO: WELL, THANK YOU VERY MUCH.

THANK YOU, MR. SPEAKER.

MRS. BARRETT: THANK YOU.

ACTING SPEAKER DILAN: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER DILAN: THE CLERK WILL RECORD

THE VOTE ON ASSEMBLY 7605-A. THIS IS A FAST ROLL CALL. ANY MEMBER

WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO RECORD -- TO

CONTACT THE MINORITY OR MAJORITY LEADER'S OFFICE AT THE NUMBERS

PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU, SIR. WE ARE SO BLESSED

IN THIS CHAMBER TO HAVE PEOPLE WITH DIFFERENT BACKGROUNDS AND

EXPERIENCE, AND -- AND WE SEE THAT IN THIS DISCUSSION HERE TODAY. SO I

HAVE TREMENDOUS RESPECT FOR COLONEL SMULLEN. HE'S NOT THE ONLY

COLONEL HERE, RIGHT NEXT TO HIM IS ANOTHER COLONEL AS WELL. AND THEY

BRING A WEALTH OF EXPERIENCE TO OUR -- TO OUR CHAMBER AND I'M THANKFUL

FOR THAT. WHEN WE PASS LEGISLATION LIKE THIS, WE ALSO NEED TO RECOGNIZE

THAT IT HAS IMPACTS WELL BEYOND JUST THOSE WHO PREDICT THE WEATHER OR

HELP WITH THE PUBLIC HEALTH SERVICE BECAUSE IT AUTOMATICALLY INCREASES

NYS ASSEMBLY MARCH 10, 2022

THOSE WHO ARE ELIGIBLE FOR EXEMPTIONS ON THE LOCAL LEVEL. AND OF

COURSE MORE PEOPLE WHO ARE PAYING LESS ON PROPERTY TAX -- GOD BLESS

THEM -- THE MORE EVERYONE ELSE HAS TO PAY. AND I WOULD BE SUPPORTIVE

OF THIS BILL IF IT ALLOWED LOCAL MUNICIPALITIES TO MAKE THAT CHOICE FOR

THEMSELVES. BUT I'M ALWAYS HESITANT WHEN WE PASS LEGISLATION THAT HAS

UNINTENDED FINANCIAL CONSEQUENCES TO ALL OF OUR LOCAL GOVERNMENTS

WHICH MAY FORCE THEM TO ADDRESS HOW THEY'RE MEETING THE TAX GAP AS

WE IN THE STATE GRACIOUSLY EXEMPT MORE MEMBERS OF THEIR COMMUNITY

FROM HAVING TO PAY TAX. LAST YEAR WE HAD 20 NO VOTES ON THIS, SO MY

CAUCUS IS PRETTY EVENLY SPLIT, AND I THINK YOU SAW TODAY THE GREAT

STRENGTH OF HAVING DIVERSE OPINIONS EVEN WITHIN OUR CAUCUS.

SO AGAIN, MY -- MY THANKS TO MY COLLEAGUE COLONEL

SMULLEN, THANKS TO THE SPONSOR. I WILL BE VOTING NO BECAUSE I DON'T

THINK IT'S APPROPRIATE FOR US IN THE STATE TO BE EXTENDING TAX EXEMPTIONS

AUTOMATICALLY TO ALL OF OUR LOCAL GOVERNMENTS. THANK YOU, SIR.

ACTING SPEAKER DILAN: THANK YOU, MR.

GOODELL.

MR. GOODELL.

MR. GOODELL: THANK YOU, MR. SPEAKER. PLEASE

RECORD MY COLLEAGUES MR. DIPIETRO AND MR. TAGUE IN THE NEGATIVE.

THANK YOU, SIR.

ACTING SPEAKER DILAN: THANK YOU.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

NYS ASSEMBLY MARCH 10, 2022

PAGE 36, CALENDAR NO. 269, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A07696, CALENDAR NO.

269, BARRETT, CUSICK, WOERNER. AN ACT TO AMEND THE PUBLIC

AUTHORITIES LAW, IN RELATION TO PROHIBITING DEVELOPMENT OF

BUILD-READY SITES ON VIABLE AGRICULTURAL LAND.

ACTING SPEAKER DILAN: AN EXPLANATION IS

REQUESTED, MRS. BARRETT.

MRS. BARRETT: THANK YOU. THANK YOU FOR YOUR

REQUEST. THIS LEGISLATION WOULD PROHIBIT THE SITING OF RENEWABLE

ENERGY FACILITIES ON VIABLE AGRICULTURAL LAND BY NYSERDA AS PART OF

THEIR BUILD-READY PROGRAM.

MS. WALSH: THANK YOU, MR. SPEAKER. WILL THE

SPONSOR YIELD?

ACTING SPEAKER DILAN: MRS. BARRETT, WILL YOU

YIELD?

MRS. BARRETT: YES, I WILL, SIR.

ACTING SPEAKER DILAN: THE SPONSOR YIELDS.

MS. WALSH: GOOD MORNING, MRS. BARRETT.

MRS. BARRETT: GOOD MORNING, MS. WALSH.

MS. WALSH: HAS THIS BILL BEEN AMENDED SINCE WE

VOTED ON IT LAST YEAR?

MRS. BARRETT: I'M SORRY, I --

MS. WALSH: HAS THIS BILL BEEN AMENDED IN ANY

WAYS SINCE WE VOTED ON IT LAST YEAR?

MRS. BARRETT: NO. NO, IT'S --

NYS ASSEMBLY MARCH 10, 2022

MS. WALSH: OKAY. SO JUST AS A REFRESHER FOR MY

COLLEAGUES, IN JULY OF 2019 THE LEGISLATURE ENACTED THE CLIMATE

LEADERSHIP AND COMMUNITY PROTECTION ACT, THE CLIMATE ACT, WHICH

MANDATES IN PART THAT 70 PERCENT OF THE STATEWIDE ELECTRICITY LOAD COME

FROM RENEWABLE ENERGY SOURCES BY THE YEAR 2030. IS THAT CORRECT?

MRS. BARRETT: I'M SORRY. GO AHEAD. I'M SORRY.

DID YOU HAVE A QUESTION? I GOT LOST.

MS. WALSH: I WAS ASKING YOU TO JUST CONFIRM THAT

THE CLIMATE ACT WAS REQUIRING THAT BY 2030, 70 PERCENT OF THE

STATEWIDE ELECTRICITY LOAD NEEDS TO COME FROM RENEWABLE ENERGY

SOURCES, RIGHT?

MRS. BARRETT: IF -- IF THAT'S WHAT THE CLCPA

SAYS, YES.

MS. WALSH: IT DOES, IN FACT. PUBLIC AUTHORITIES

LAW TITLE 9-B AUTHORIZES NYSERDA TO ENCOURAGE THE SITING AND

DEVELOPMENT OF RENEWABLE ENERGY FACILITIES BY DEVELOPING THESE

BUILD-READY SITES, RIGHT?

MRS. BARRETT: RIGHT.

MS. WALSH: OKAY. SO COULD YOU PLEASE JUST WALK

US THROUGH QUICKLY HOW THE PROCESS OF DEVELOPING A BUILD-READY SITE

WORKS?

MRS. BARRETT: WELL THIS -- WHAT THAT BILL DOES IS

-- IS BASICALLY -- IT DOESN'T TAKE AWAY FROM THE FARMERS' RIGHTS TO DECIDE

WHETHER TO ENTER A CONTRACT, BUT IT -- IT KEEPS NYSERDA FROM

INCENTIVIZING VIABLE AGRICULTURAL LAND. SO, THE BILL ENSURES THAT

NYS ASSEMBLY MARCH 10, 2022

BUILD-READY SITES ARE DEVELOPED ON PREVIOUSLY DISTURBED SITES. WE'VE

HAD MANY CONVERSATIONS HERE ABOUT WHY ARE WE NOT ON BROWNFIELDS,

WHY ARE WE NOT ON ROOFTOPS OF WAREHOUSES, WHY ARE WE GOING TO

FARMLAND WHERE WE SHOULD BE GROWING FOOD FOR ALL OF US AND ALL OF OUR

CONSTITUENTS AND THEIR FAMILIES? SO, WE ARE -- WE ARE URGING --

ENCOURAGING THOSE SITES -- IT PROHIBITS THE DEVELOPMENT OF THIS

NYSERDA BUILD-READY SITES ON THE VIABLE AGRICULTURAL LAND AND IT

PROHIBITS NYSERDA FROM DEEMING VIABLE AGRICULTURAL LAND AS

UNDERUTILIZED SITES. SO THEY CAN'T BE IDENTIFIED AS UNDERUTILIZED.

MS. WALSH: OKAY. SO WHEN NYSERDA IS TRYING

TO IMPLEMENT THIS BUILD-READY PROGRAM, THE FIRST THING THAT THEY DO IS

THEY DO A LOOK, A BROAD LOOK AROUND THE STATE TO TRY TO IDENTIFY

POTENTIAL SITES, RIGHT?

MS. BARRETT: IDEALLY, YES, THAT'S WHAT THEY DO.

MS. WALSH: RIGHT. AND I THINK IN THE FIRST YEAR OF

THE PROGRAM WHAT THEY DID IS THEY REACHED OUT AND THEY INVITED

NOMINATIONS OF DIFFERENT POTENTIAL SITES AND THEY CAME UP WITH I THINK,

LIKE, 14 OF THEM. AND THEY LOOKED AT THOSE AND THEN THEY ALSO

SURVEYED A LITTLE OVER 500 SITES AROUND THE STATE IN THIS FIRST YEAR. I JUST

-- I FINISHED READING THEIR APRIL 2021 REPORT WHICH KIND OF SUMMARIZED

WHAT THE FIRST YEAR OF THE PROGRAM LOOKED LIKE. SO, THIS BILL

SPECIFICALLY, THOUGH, GETTING TO YOUR -- TO YOUR BILL SPECIFICALLY, IT

PROVIDES THAT WHEN NYSERDA IS IDENTIFYING, SCREENING AND ASSESSING

POTENTIAL PROJECT SITES, THE -- THE PHRASES "VIABLE AGRICULTURAL LAND"

SHALL NOT BE DEEMED SUITABLE FOR THE DEVELOPMENT OF THE BUILD-READY

NYS ASSEMBLY MARCH 10, 2022

SIGHT. CORRECT?

MRS. BARRETT: CORRECT.

MS. WALSH: OKAY. SO, DOES THE BILL DEFINE WHAT IS

CONSIDERED TO BE VIABLE AGRICULTURAL LAND?

MRS. BARRETT: THE -- ACTUALLY, AG AND MARKETS

LAW DEFINES IT AND IT IS LAND -- QUOTE, "LAND THAT IS HIGHLY SUITABLE FOR A

FARM OPERATION."

MS. WALSH: THAT'S RIGHT, UNDER SECTION 301 OF THE

AG AND MARKETS LAW.

MRS. BARRETT: YOU GOT IT.

MS. WALSH: YEAH. WOULD YOU AGREE THAT THAT'S

RATHER A BROAD DEFINITION?

MS. BARRETT: I THINK IT'S A WORKING DEFINITION

THAT'S IN OUR LAW.

MS. WALSH: SO IT -- LAND HIGHLY SUITABLE FOR A FARM

OPERATION. AND THEN LATER ON IN THE AG AND MARKETS LAW IT TALKS ABOUT

WHAT -- WHAT A FARM OPERATION CONSISTS OF. IT COULD BE (INAUDIBLE), IT

COULD BE DIFFERENT THINGS. BUT THE DEFINITION ENCOMPASSES NOT JUST

LANDS THAT ARE CURRENTLY IN PRODUCTION OR THAT CONTAIN PRIME SOILS, BUT

ANY LAND THAT COULD BE USED FOR AGRICULTURAL PURPOSES, RIGHT? WHETHER

IT'S BEING CURRENTLY USED IN AGRICULTURE AT THE MOMENT. CORRECT?

MRS. BARRETT: I -- I THINK -- YOU KNOW, WE HAVE

SEEN OVER AND OVER THAT, YOU KNOW, THAT SOIL MAPS HAVE IDENTIFIED THE

LANDS THAT ARE MOST VIABLE AND, YOU KNOW, I THINK IT'S A HOME SECURITY

-- HOMELAND SECURITY ISSUE TO BE SURE THAT NEW YORK STATE CAN

NYS ASSEMBLY MARCH 10, 2022

CONTINUE TO GROW FOOD FOR ALL OF OUR FAMILIES. SO FARMLAND PROTECTION

IS REALLY CRITICAL.

MS. WALSH: RIGHT. BUT WHAT -- THE POINT THAT I'M

TRYING TO MAKE -- OR THE QUESTION I'M TRYING TO ASK IS WHEN YOU DEFINE

SOMETHING AS BEING -- LAND HIGHLY SUITABLE FOR A FARM OPERATION AS

BEING VIABLE AGRICULTURAL LAND YOU'RE NOT TALKING ABOUT -- LIKE THROUGH

THE COUNTIES THEY HAVE SOIL AND WATER CONSERVATION DISTRICTS. THEY

GO AROUND, THEY TAKE TEST SAMPLES, THEY DO MAPPING TO FIGURE OUT

WHERE THE AREAS OF PRIME SOIL OR WHERE THE REALLY UNIQUE SOIL IS. BUT

THIS BILL JUST SAYS IF IT'S VIABLE -- IF IT'S LAND THAT THEY CONSIDER HIGHLY

SUITABLE FOR A FARM OPERATION IT'S CONSIDERED VIABLE FARM -- OR VIABLE

AGRICULTURAL LAND AND IT CANNOT BE CONSIDERED FOR ONE OF THESE

BUILD-READY SITES UNDER NYSERDA.

MRS. BARRETT: IT -- IT COULD BE PART -- IT'S STILL --

THE -- THE FARMER -- IF THE FARMER REALLY WANTED TO GIVE UP HIS FARMLAND

OR HER FARMLAND AND ENSURE THAT, YOU KNOW, THAT IT BECAME A SOLAR FARM

IT -- IT COULD STILL HAPPEN. WHAT THIS BILL DOES IS IT JUST KEEPS THIS VIABLE

FARMLAND FROM BEING INCENTIVIZED OR BEING, YOU KNOW, PRIORITIZED AS A

FIRST PLACE TO GO. AND IT'S PROTECTING FARMLAND, PROTECTING FOOD

PRODUCTION.

MS. WALSH: RIGHT. SO LET'S TALK ABOUT THAT. SO, AT

-- WHILE IT IS TRUE THAT A FARMER COULD WORK DIRECTLY WITH A DEVELOPER,

THERE ARE INCENTIVES TO HAVING THIS BE A NYSERDA PROJECT, CORRECT?

WHAT KINDS OF PERKS OR BENEFITS ARE THERE FOR THE DEVELOPER IF THIS IS A

NYSERDA PROJECT?

NYS ASSEMBLY MARCH 10, 2022

MS. BARRETT: I DON'T REALLY -- I'M NOT REALLY SURE

DO -- THAT'S NOT WHAT THIS BILL DOES. SO, YEAH, NYSERDA'S FOCUS IS FOR

DIFFICULT TO DEVELOP LANDS. THAT'S THE -- THAT WAS THE INTENTION OF THIS

BUILD-READY PROJECT IS TO SEEK OUT THOSE DIFFICULT TO DEVELOP SITES. SO

THERE ARE NO INCENTIVES FOR THESE OTHER THINGS YOU'RE -- THAT YOU'RE

DESCRIBING.

MS. WALSH: WELL, NO, THERE ABSOLUTELY ARE, I

BELIEVE. IT SAYS THE BUDGET IS $71.8 MILLION THROUGH 2025. IT

AUTHORIZES AN ADDITIONAL $50 MILLION IN CLEAN ENERGY FUNDS. THERE ARE

PILOTS, THERE ARE FINANCIAL INCENTIVES THAT ARE IN PLACE. IF YOU CAN GET

THIS TO BE A NYSERDA-DESIGNATED BUILD-READY SITE, THERE'S AN

ADVANTAGE TO THE DEVELOPER TO BE ABLE TO COME IN AND THEN THAT COULD

TRICKLE DOWN TO THE FARMER, TOO, AS WELL.

MRS. BARRETT: I -- I DON'T BELIEVE THAT THAT'S HOW

IT WORK -- WORKS. I THINK THOSE FUNDS ARE OTHER NYSERDA PROJECTS,

NOT SPECIFICALLY FOR THIS FARMLAND PIECE.

MS. WALSH: WELL, NO, I AM NOT EVEN TALKING ABOUT

SPECIFICALLY FARMLAND, MRS. BARRETT. I'M TALKING ABOUT JUST THE PROGRAM

ITSELF.

MRS. BARRETT: THAT'S NOT WHAT THIS BILL IS ABOUT.

MS. WALSH: WELL, IT -- BUT FOR YOU TO SAY -- FOR YOU

TO REPRESENT THAT, WELL, THE FARMER COULD JUST WORK DIRECTLY WITH A

DEVELOPER, THERE'S NOTHING IN THIS BILL THAT WOULD PREVENT IT IS KIND OF

LIKE SAYING TO A MEMBER OF THE MINORITY PARTY, WELL, IF YOU THINK THE

BILL IS SUCH A GREAT IDEA WHY DON'T YOU BRING A BILL TO THE FLOOR THAT WILL

NYS ASSEMBLY MARCH 10, 2022

DO THAT? I MEAN, THE -- THE FACT OF THE MATTER IS THAT THIS PROGRAM IS A

PROGRAM THAT YOU WANT TO GET INTO, WHETHER YOU'RE A FARMER OR WHETHER

YOU HAPPEN TO OWN A BROWNFIELD. IT'S BENEFICIAL. IT FAST-TRACKS A

PROJECT AND THERE ARE CERTAIN PERQUISITES THAT COME WITH BEING

DESIGNATED AS A NYSERDA PROJECT.

BUT -- BUT LET ME MOVE ON ANYWAY BECAUSE I -- I DON'T

WANT TO RUN OUT OF TIME. SO, EFFECTIVELY -- WELL NO, LET ME SKIP OVER

THAT BECAUSE YOU DIDN'T -- YOU DIDN'T AGREE WITH ME ON THAT. LET ME

GIVE YOU AN EXAMPLE. WHAT IF THERE IS A COALITION OF SORTS IN A

COMMUNITY WHERE YOU HAVE COMMUNITY PARTNERS, FARMERS, OTHER

INTERESTED PARTIES WHO WANT TO STRING TOGETHER LESS PRODUCTIVE ACREAGE,

STEERING DEVELOPMENT AWAY FROM PRODUCTIVE OR PRIME SOILS? USING THE

BUILD-READY PROGRAM WOULD HELP PROJECTS LIKE THIS BE MORE AFFORDABLE

TO DEVELOPERS, THEREBY FURTHER PROTECTING LARGE LOSSES OF PRODUCTIVE

FARMLAND. BUT UNDER THIS BILL, IF IT'S CONSIDERED TO BE VIABLE

AGRICULTURAL LAND IT'S JUST COMPLETELY STRUCK FROM CONSIDERATION UNDER

THE NYSERDA PROGRAM, RIGHT?

MRS. BARRETT: NO. I -- THERE -- THERE'S A LOT OF

DIFFERENT PROGRAMS THAT NYSERDA DOES AND INCENTIVIZE. THIS IS ONE

PARTICULAR PROGRAM WHICH IS CALLED BUILD-READY. IT'S THE ONLY ONE THAT

WE'RE TALKING ABOUT HERE. IT'S -- THERE'S A LOT OF OTHER WAYS THAT, YOU

KNOW, A COMMUNITY COULD BE ACCESSING NYSERDA FUNDS. THERE'S A

LOT OF OTHER, YOU KNOW, ROUTES TO GET THERE. BUT THIS IS JUST THIS ONE

PARTICULAR PROGRAM THAT IS VIABLE FARMLAND AND WE WANT TO BE SURE TO

PROTECT IT BECAUSE I DON'T KNOW IF THERE'S ANYBODY ELSE HERE, BUT I DON'T

NYS ASSEMBLY MARCH 10, 2022

WANT TO GIVE UP EATING. AND I THINK OUR FARM OR FOODS THAT WE GROW

HERE IN NEW YORK STATE ARE -- ARE ESSENTIAL TO OUR COMMUNITIES.

MS. WALSH: I DON'T THINK ANYBODY IS DISPUTING THAT

AT ALL. WHAT I'M SAYING IS, LET'S SAY THAT A FARMER IS INTERESTED IN HAVING

A PORTION OF HIS LAND OR HER LAND THAT IT -- THAT HE DOES NOT BELIEVE OR

SHE DOES NOT BELIEVE IS VERY PRODUCTIVE, AND TO USE THAT FOR A SOLAR

PROJECT. LET'S SAY THAT THE -- THIS PARTICULAR FARMER HAS HUNDREDS AND

HUNDREDS OF ACRES AND SHE HAS MADE THE DETERMINATION LOOKING AT HER

FARMING OPERATION THAT THERE -- THERE IS -- THERE'S A CERTAIN AREA WHERE IT

WOULD BE APPROPRIATE TO DO A COLOCATION; TO HAVE FARMING IN ONE AREA

AND HAVE SOLAR IN ANOTHER AREA. WOULD THAT TYPE OF A PROJECT BE UNDER

-- UNDER YOUR BILL, UNDER THIS NYSERDA BUILD-READY PROGRAM, COULD

THAT EVEN BE ENTERTAINED?

MS. BARRETT: YES.

MS. WALSH: IT COULD -- REALLY?

MRS. BARRETT: YES.

MS. WALSH: OKAY.

MRS. BARRETT: IT'S -- THERE ARE A LOT OF OTHER

PROGRAMS BESIDES THIS BUILD-READY PIECE.

MS. WALSH: NO, I'M NOT -- BUT I'M NOT TALKING

ABOUT OTHER PROGRAMS --

MRS. BARRETT: THESE ARE ALL PIECES --

MS. WALSH: I'M TALKING ABOUT UNDER THIS PROGRAM,

COULD -- IF YOU HAVE -- IF YOU'RE A FARMER AND YOU HAVE SOME LAND THAT

YOU BELIEVE WOULD BE APPROPRIATE FOR SOLAR AND SOME AREAS THAT YOU

NYS ASSEMBLY MARCH 10, 2022

WOULD WANT TO CONTINUE TO FARM, BUT IF IT'S DEEMED VIABLE AGRICULTURAL

LAND YOU CAN'T EVEN BE CONSIDERED, RIGHT?

MRS. BARRETT: NO, I -- I DISAGREE WITH --

MS. WALSH: YOU DISAGREE.

MRS. BARRETT: -- THAT INTERPRETATION OF IT.

MS. WALSH: OKAY. OKAY. WELL, LET ME -- LET ME

ASK YOU THIS. UNDER THE 507 SITES THAT WERE SCREENED BY NYSERDA AS

POTENTIAL BUILD-READY SITES, DO YOU HAPPEN TO KNOW HOW MANY WERE

EITHER CONSIDERED TO BE GREENFIELD OR AGRICULTURAL OUT OF THOSE 507

SITES?

MRS. BARRETT: I DON'T KNOW.

MS. WALSH: YEAH, 59. FIFTY-NINE WERE CONSIDERED.

AND DO YOU KNOW HOW MANY OF THOSE 59 SITES WERE CLOSED BECAUSE

THEY WERE DEEMED UNSUITABLE AND NO LONGER UNDER CONSIDERATION?

MRS. BARRETT: YOU'RE GOING TO TELL ME. GO

AHEAD.

MS. WALSH: YEAH, ALL OF THEM WERE CLOSED. NONE

OF THEM WERE CONSIDERED TO BE SUITABLE. SO IF THE CONCERN ABOUT THAT

THIS BILL REPRESENTS IS TO PROTECT VIABLE FARMLAND, IT APPEARS THAT BASED

ON NYSERDA'S REPORT FROM ITS FIRST YEAR IN -- IN OPERATION UNDER THIS

BUILD-READY PROGRAM THAT NONE OF THE AGRICULTURAL SITES WERE

CONSIDERED SUITABLE. ALL OF THEM WERE REJECTED. ZERO ARE ON THE

PRIORITY SITE LIST WHICH, BY THE WAY, CONTAINS FIVE SITES THAT WERE

IDENTIFIED: A FORMER INDUSTRIAL MINE IN ST. LAWRENCE COUNTY, A FORMER

AIRPORT IN CLINTON COUNTY, A FORMER CORRECTIONAL FACILITY, A FORMER

NYS ASSEMBLY MARCH 10, 2022

OPWDD SITE AND AN UNDERUTILIZED SITE IN THE CITY OF OGDENSBURG AND

THE TOWN OF LISBON. SO NONE OF THE PRIORITY SITES ARE AGRICULTURAL

ANYWAY. SO WHY DO WE NEED THIS BILL?

MRS. BARRETT: YOU'RE TALKING ABOUT DIFFERENT

KINDS OF SITES. WE'RE TALKING ABOUT EXISTING VIABLE FARMLAND. THAT'S

WHAT NYSERDA DOES. THAT'S WHERE THEY'RE GOING INTO ALL OF THESE

OTHER PLACES TO LOOK AT IT AND TO UNDERSTAND, YOU KNOW, IS THIS VIABLE, IS

THIS GOING TO WORK? WE'RE TALKING ABOUT CLEAN FARMLAND THAT WE DON'T

WANT TO PRIORITIZE AS A SITE FOR SOLAR WHEN IT COULD BE USED FOR FARMING.

MS. WALSH: POTENTIALLY USED, NOT -- IT DOESN'T EVEN

MEAN THAT IT'S CURRENTLY USED FOR FARMLAND.

MRS. BARRETT: COULD IS THE WORD, COULD.

MS. WALSH: OKAY. SO -- OKAY. THANK YOU VERY

MUCH.

ON THE BILL, MR. SPEAKER.

ACTING SPEAKER AUBRY: ON THE BILL, MS.

WALSH.

MS. WALSH: OKAY. IN -- IN MY OPINION THIS BILL

ISN'T NECESSARY. AS OF APRIL 20 -- 2021 NYSERDA REPORT PROVES THAT

THERE WERE ZERO BUILD-READY SITES THAT ARE IN AGRICULTURE AND ARE BEING

CONSIDERED. FIFTY-NINE AGRICULTURAL SITES INVESTIGATED WERE ALL DEEMED

UNSUITABLE. SO WORRIES THAT PRIME AGRICULTURAL LAND IS GOING TO BE FAST-

TRACKED OR FOREVER LOST TO SOLAR OR RAISED IN WIND TURBINES ISN'T BORNE

OUT BY THE EVIDENCE AT ALL. IT APPEARS THAT THE DIRECTIVE TO NYSERDA

TO PRIORITIZE BROWNFIELDS AND THE LIKE IS BEING FOLLOWED, WHICH IS A

NYS ASSEMBLY MARCH 10, 2022

GOOD THING. THAT BEING SAID, I COULD ENVISION AN APPROPRIATE

AGRICULTURAL SITE IN THE FUTURE. NOT ALL AGRICULTURAL LAND IS PRIME SOIL,

TILLABLE PRODUCTIVE LAND. A FARMER SHOULD BE ABLE TO MAKE THE PITCH TO

POTENTIALLY WORK WITH OTHER COMMUNITY MEMBERS TO PROPOSE A

BUILD-READY SITE. HERE'S ONE: THERE'S A PRIORITY SITE IN AN OLD

ABANDONED AIRPORT WHICH IS NEXT TO A FARMER'S FIELD THAT ISN'T BEING USED

FOR ANYTHING. WHY NOT ADD THE TWO TOGETHER AND MAKE ONE GREAT SITE?

THE BILL -- THIS BILL WOULD PREVENT EVEN THE POSSIBILITY OF THAT

HAPPENING. THAT'S COLOCATION OR AGRIVOLTAICS. I HAD TO LOOK THAT UP.

THAT'S WHY THE FARM BUREAU OPPOSES THIS BILL. THE DEFINITION OF VIABLE

AGRICULTURAL LANDS IS SO BROAD, THIS BILL WOULD COMPLETELY FORECLOSE A

POTENTIAL PROJECT. FARMERS NEED ALL THE HELP THAT THEY CAN GET. WE TALK

ALL THE TIME IN THIS CHAMBER ABOUT FOOD INSECURITY AND HOW IMPORTANT

FARMERS ARE, BUT IN THE NEXT BREATH WE TELL THEM HOW MUCH THEY CAN

GROW, HOW MUCH THEY CAN CHARGE. WE REGULATE EVERY SINGLE ASPECT OF

THEIR BUSINESS, AND NOW WE'RE SHUTTING THE DOOR ON A POSSIBLE INCOME

STREAM FOR A FARMING OPERATION.

LAST YEAR WE HAD 43 NO VOTES ON THIS BILL AND

BIPARTISAN OPPOSITION. THIS BILL HASN'T CHANGED AT ALL SINCE LAST YEAR.

I'LL BE VOTING NO AGAIN ON THIS BILL AND I'D ENCOURAGE MY COLLEAGUES TO

DO THE SAME. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MR. SMULLEN.

MR. SMULLEN: THANK YOU VERY MUCH, MR.

SPEAKER. WOULD THE SPONSOR YIELD?

NYS ASSEMBLY MARCH 10, 2022

ACTING SPEAKER AUBRY: MRS. BARRETT, WILL

YOU YIELD?

MRS. BARRETT: YES.

ACTING SPEAKER AUBRY: MRS. BARRETT YIELDS.

MR. SMULLEN: THANK -- THANK YOU VERY MUCH,

MRS. BARRETT. JUST TO CLARIFY THE -- THE DEFINITION OF VIABLE LAND, WHAT IS

YOUR APPRECIATION RIGHT NOW OF THE AMOUNT OF VIABLE LAND THAT WE'RE

TALKING ABOUT THAT WOULD BE AFFECTED BY THE PROVISIONS OF THIS BILL?

MS. BARRETT: I -- I DON'T REALLY HAVE A SENSE. I

HAVE -- YOU KNOW, IN MY OWN COMMUNITY THERE'S FARMLAND THAT IS

BEING SITED FOR SOLAR FARMS AND THERE'S A BATTLE GOING ON AND I -- YOU

KNOW, I THINK THAT TO SUGGEST THAT THIS IS NOT SOMETHING THAT WILL

HAPPEN IN -- IN NEW YORK STATE IS, YOU KNOW, IS JUST NOT RIGHT. I -- I

DISAGREE WITH IT COMPLETELY.

MR. SMULLEN: WELL, AS TERMS OF -- OF VIABLE

AGRICULTURAL LAND BEING TAKEN OUT OF PRODUCTION AND THEN PUT UNDER --

UNDER THE SOLAR --

MRS. BARRETT: INCENTIVIZED IS WHAT THIS -- THIS

BILL -- IS -- THE ISSUE HERE IS WE DON'T NEED TO INCENTIVIZE IT BECAUSE

THERE ARE OTHER PROGRAMS THAT -- THAT FARMERS CAN, IF THEY WANT TO, GO

INTO A SOLAR OR PARTNER WITH ANOTHER COMMUNITY ENTITY TO -- TO HAVE

RENEWABLES THAT THEY CAN USE.

MR. SMULLEN: BUT TO BE CLEAR, TO BE INCENTIVIZED

BY A DEPARTMENT OF THE NEW YORK STATE GOVERNMENT TO HIT A PARTICULAR

AMOUNT OF TARGET MEGAWATTS UNDER SOLAR --

NYS ASSEMBLY MARCH 10, 2022

MRS. BARRETT: RIGHT.

MR. SMULLEN: -- PROVISION UNDER THE LAW --

MRS. BARRETT: RIGHT.

MR. SMULLEN: NOW, HOW WOULD THIS -- HOW

WOULD THIS LAW AFFECT THE GOVERNOR'S OFFICE OF SITE SELECTION THAT

PRIORITIZES AND FAST-TRACKS LARGE PROJECTS TO HIT THE CLCPA TARGETS?

MRS. BARRETT: THE -- THE ORIS, IT HAS NO IMPACT

ON THAT. THOSE -- THERE ARE MULTIPLE OTHER WAYS THAT, YOU KNOW, THAT

THE GOVERNMENT IS INCENTIVIZING. THIS IS JUST A FAST TRACK ABOUT

FARMLAND THAT WE'RE TRYING TO MAKE SURE THAT IT DOESN'T HAPPEN SO THAT

FARMLAND DOESN'T -- THE FARMLAND DOESN'T GET TAKEN OVER AND, YOU KNOW,

AND THEN NO LONGER USED RIGHT AT THE OUTSET. IT JUST -- IT JUST SLOWS DOWN

THE PROCESS.

MR. SMULLEN: SURE, I UNDERSTAND. AND SO, YOU

KNOW, TALKING ABOUT FARMLAND, I -- I LIVE IN A RURAL AREA, AS YOU KNOW.

I'VE GOT MANY FARMERS WHO ARE FINDING THAT THE ECONOMIC INCENTIVES BY

THE STATE ARE GREATER THAN THE ECONOMIC INCENTIVES REGULATED BY THE

STATE TO HAVE LAND UNDER AGRICULTURAL PRODUCTION. YOU KNOW, FOR

INSTANCE, IF YOU WERE A FORMER DAIRY FARMER THAT HAS HAY, SOLAR PAYS

MORE THAN HAY DOES IN MANY ECONOMIC MODELS THAT THEY'RE FACED WITH.

WHY -- WHY WOULDN'T THEY TAKE THAT IF THERE'S NO PRICE SUPPORTS FOR HAY

OR FOR CORN OR FOR DAIRY THAT WOULD ALLOW THEM TO -- TO MAKE MONEY

AND -- AND KEEP IT VIABLE AND KEEP IT UNDER PRODUCTION?

MRS. BARRETT: THEY CAN. THEY ABSOLUTELY CAN.

THERE ARE MULTIPLE PROGRAMS THAT THEY CAN DO THAT.

NYS ASSEMBLY MARCH 10, 2022

MR. SMULLEN: I -- I'M NOT -- I'M NOT CERTAIN HOW

-- YOU KNOW, WE'RE -- WE'RE TALKING ONE PROVISION OF -- OF DEFINITION

UNDER AG AND MARKETS LAW AND THEN ANOTHER PROVISION OF PRODUCTION

OF ACTUAL FOOD STUFFS WHERE THE -- WHERE THE --

MRS. BARRETT: THIS IS JUST -- IT'S A VERY LIMITED

PROGRAM OF -- THAT NYSERDA ENGAGES. IT DOESN'T HAVE ANYTHING WITH

THE ORIS PROCESS. IT'S JUST A -- A FAST TRACKING AND OF -- OF VIABLE

FARMLAND THAT WE'RE -- YOU KNOW, THAT WE'RE JUST ASKING NOT TO HAVE

HAPPEN.

MR. SMULLEN: SURE. AND -- AND DO YOU BELIEVE --

HOW LONG WILL SOLAR FIELDS BE IN EXISTENCE TYPICALLY IN NEW YORK STATE?

MRS. BARRETT: WELL, ISN'T THAT A GOOD QUESTION.

AND WHAT'S GOING TO HAPPEN TO THEM AFTERWARD WHEN TECHNOLOGY

CHANGES? I DON'T KNOW. DO YOU KNOW?

MR. SMULLEN: WELL, TYPICALLY A MUNICIPALITY, AT

LEAST THE ONES I'M FAMILIAR WITH, REQUIRES A SOLAR FARM TO BOND IT SO

WHEN IT'S -- WHEN IT'S OUT OF PRODUCTION IT ACTUALLY GETS RETURNED.

WOULD THAT ACTUALLY BE PRESERVING VIABLE AGRICULTURAL LAND FOR A PERIOD

OF ANYWHERE FROM 20 TO 40 YEARS DEPENDING ON THE SOLAR CONTRACT?

MRS. BARRETT: NO.

MR. SMULLEN: IT HAS TO BE TAKEN OUT. THERE'S A

BOND THAT SAYS IT HAS TO BE TAKEN OUT AND RETURNED TO ITS ORIGINAL STATE.

MRS. BARRETT: RIGHT.

MR. SMULLEN: I GUESS THERE'S AN ARGUMENT THAT

COULD BE MADE THERE.

NYS ASSEMBLY MARCH 10, 2022

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. SMULLEN: I -- I REALLY APPRECIATE THE SPONSOR'S

DESIRE TO PRESERVE VIABLE AGRICULTURAL LAND. I'M ALSO VERY SENSITIVE TO

THE VARIOUS AGES AND STAGES THAT FARMERS ARE IN THEIR LIVES ACROSS NEW

YORK STATE. AND PARTICULARLY TO THE UNFRIENDLY BUSINESS CLIMATE THAT

FARMERS HAVE IN NEW YORK STATE, PARTICULARLY WITH NATIONAL LEVEL DAIRY

PRICES THAT HAVE TO BE TAKEN BY FARMERS AND SOME OF THE REGULATORY

REQUIREMENTS AND BURDENS THAT ARE PLACED ON THEM BY NEW YORK STATE

WHERE WE'RE -- WE'RE TRYING TO TELL THE ONE CLASS OF PEOPLE TO PRODUCE

FOOD BUT WE'LL INCENTIVIZE THIS OTHER THING THAT THE STATE IS SUBSIDIZING

AT A MUCH HIGHER LEVEL. SO IT'S PUTTING PEOPLE IN A REALLY -- A -- A

TERRIBLE CONUNDRUM IN MY MIND. FOR THAT REASON, FOR THE CONFUSION

THAT THAT IS -- THAT THERE IS IN THE AGRICULTURAL COMMUNITY OVER THE SOLAR

ISSUE, ON ONE HAND THE STATE GOVERNMENT COMING IN HEAVY HANDED AND

SAYING, MUNICIPALITIES, YOU CANNOT REGULATE THIS ANYMORE. BECAUSE IF

A MUNICIPALITY HAS CONTROL OF IT THEN THEY SAY, WELL, THIS IS REALLY -- THIS

IS VIABLE AGRICULTURAL LAND. WE SHOULDN'T USE THIS PARTICULAR LAND FOR

SOLAR, WE SHOULD USE THIS LAND OVER HERE WHICH IS MUCH BETTER. AND

WE'VE GOT SOME REALLY PERVERSE INCENTIVES OUT THERE.

FOR THAT REASON, I'LL BE VOTING NO. THANK YOU VERY

MUCH, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MR. SULK -- MR. SALKA. I'M SORRY.

MR. SALKA: THANK YOU, SIR. MR. SPEAKER, WOULD

NYS ASSEMBLY MARCH 10, 2022

THE SPONSOR YIELD FOR A QUESTION OR TWO?

ACTING SPEAKER AUBRY: MS. BARRETT, WILL YOU

YIELD?

MRS. BARRETT: (INAUDIBLE)

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. SALKA: NOW, FROM WHAT I UNDERSTAND THIS IS

JUST FOR SITES UNDER THE BUILD-READY PROGRAM.

MRS. BARRETT: YES.

MR. SALKA: AND YOU EXPLAINED THAT THERE ARE

MANY PROGRAMS THAT NYSERDA OFFERS FOR INCENTIVES FOR DEVELOPMENT

OF SOLAR AND WIND. COULD, IN FACT, ANY OF THOSE PROGRAMS OPEN UP THE

POSSIBILITY OF INSTALLATION ON THOSE LANDS THAT AREN'T NOW OR WILL BE

PROHIBITED BY -- AS A BUILD-READY SITE? IN OTHER WORDS, KIND OF A

FRONT-DOOR APPROACH --

MRS. BARRETT: I'M SORRY. COULD YOU JUST -- I -- I

LOST SOME OF YOUR WORDS, SIR. COULD THIS WHAT?

MR. SALKA: ALL THOSE PROGRAMS, ALL THOSE INCENTIVE

PROGRAMS, THE OTHER INCENTIVE PROGRAMS --

MRS. BARRETT: RIGHT.

MR. SALKA: -- THAT NYSERDA HAS --

MRS. BARRETT: RIGHT.

MR. SALKA: COULD THOSE PROGRAMS BE USED,

UTILIZED TO, IN FACT, INSTALL A SOLAR PROJECT ON WHAT I CALL TILLABLE LAND?

MRS. BARRETT: YES. ABSOLUTELY.

MR. SALKA: SO IN OTHER WORDS, BY ELIMINATING THIS

NYS ASSEMBLY MARCH 10, 2022

WE ARE NOT ELIMINATING THE POSSIBILITY THAT A -- A GREEN PROJECT, IF YOU

WILL, CAN BE -- COULD BE APPLIED TO THOSE --THOSE LANDS WHICH ARE --

WE'RE LISTING AS VIABLE AGRICULTURE? SO THERE'S A WAY AROUND THIS.

MRS. BARRETT: ABSOLUTELY. THIS IS REALLY JUST

LIMITING THE FAST-TRACKING OF THESE LANDS THROUGH THIS BUILD-READY

PROGRAM. THE -- THE SAME LANDS -- THE -- THE FARMERS' RIGHTS ARE STILL

THERE AND THERE ARE PLENTY OF OTHER INCENTIVES OUT THERE. I MEAN, I, YOU

KNOW, HAVE BEEN A CHAMPION, AS ALL OF YOU KNOW, FOR OUR FARMERS AND

FOR FARMLAND PRESERVATION AND FOR THE WHOLE INDUSTRY. SO THIS IS NOT

SOMETHING THAT IS MEANT TO UNDERMINE THE AGRICULTURAL SECTOR OF THE

NEW YORK STATE BY ANY STRETCH OF THE IMAGINATION. IT'S JUST ABOUT

MAKING SURE THAT WE STOP AND WE THINK AND WE PRESERVE THE LANDS IF WE

CAN THAT ARE -- THAT ARE MOST PRODUCTIVE FOR -- FOR FOOD GROWTH AND --

AND OTHER AGRICULTURE.

MR. SALKA: BUT WE JUST ADMITTED THAT THERE IS, VIA

THESE UNDER -- OTHER, EXCUSE ME, OTHER INCENTIVE PROGRAMS THAT THERE'S A

POSSIBILITY THAT IT'S INEVITABLE THAT, LET'S SAY, IF A FARM HAS GOT 100 ACRES

OF LAND AND BECAUSE NOW WITH THE OUTRAGEOUS PRICE OF FERTILIZERS AND

FUEL MANY OF THEM ARE -- THEY'RE APPROACHING HERE SAYING, I CAN'T EVEN

AFFORD TO PLANT THIS YEAR. SO NOW IF THAT, IN FACT, PERSISTS FOR THE NEXT

COUPLE OF YEARS THAT FARMER IS GOING TO LOOK AT THAT PROPERTY AND HE'S

GOING TO SAY, I'M PAYING TAXES ON THIS LAND AND I CAN'T EVEN PLANT ON IT

NOW BECAUSE OF THE OUTRAGEOUS COST OF BEING ABLE TO PLANT AND FERTILIZE

AND -- AND TILL. SO, ESSENTIALLY, THOUGH, THIS IS JUST KIND OF DELAYING THE

INEVITABLE IF, IN FACT, THAT FARMER DECIDES TO EXERCISE THAT OPTION TO

NYS ASSEMBLY MARCH 10, 2022

DEVELOP THE LAND WITH A SOLAR OR WIND PROJECT.

MRS. BARRETT: I'M GOING TO DISAGREE WITH YOU

BECAUSE I THINK THERE ARE OTHER THINGS THAT WE SHOULD BE DOING IN NEW

YORK STATE TO SUPPORT THOSE FARMERS TO BE ABLE TO CONTINUE GROWING

FOOD AND USING IT IN AGRICULTURE. SO, I DON'T THINK WE'RE DELAYING ANY

INEVITABLE AT ALL.

MR. SALKA: WELL, I -- I AGREE. WE SHOULD BE

SUPPORTING OUR FARMERS IN ANY WAY, SHAPE OR FORM, AND THAT IT'S MUCH

MORE -- IT'S MUCH MORE PRACTICAL TO GROW FOOD THAN TO TRY TO ATTAIN

SOME WHAT I FEEL IS AN UNREALISTIC GOAL THAT 70 PERCENT OF THE POWER BY

2030. THE STATE'S GOT A REAL CONUNDRUM HERE IS THAT THEY'RE SETTING

AGAIN AN UNREALISTIC GOAL, AND I HAVE A FEELING THAT IF, IN FACT, THEY GET

CLOSER TO THAT -- THE REALIZATION THAT THAT GOAL IS NOT GOING TO BE

ATTAINED, THEY ARE GOING TO DO WHATEVER THEY CAN TO --TO -- TO ATTAIN THAT

GOAL.

BUT AGAIN, I APPRECIATE YOU TIME TO ANSWER MY

QUESTIONS. AND WE ALL SUPPORT AGRICULTURE, WE ALL SUPPORT OUR FARMERS.

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 7696. 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.

NYS ASSEMBLY MARCH 10, 2022

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION FOR THE REASONS

MENTIONED BY MY COLLEAGUES. THOSE WHO SUPPORT IT ARE CERTAINLY FREE

TO AND ENCOURAGED TO VOTE FOR IT HERE ON THE FLOOR OF THE ASSEMBLY OR

CALL THE MINORITY LEADER'S OFFICE AND WE'LL RECORD YOUR VOTE

ACCORDINGLY.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MS. HYNDMAN.

MS. HYNDMAN: I WOULD 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 AND THEIR NAMES WILL BE ANNOUNCED ACCORDINGLY.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

(THE CLERK RECORDED THE VOTE.)

MS. GIGLIO TO EXPLAIN HER VOTE.

MS. GIGLIO: THANK YOU, MR. SPEAKER. TO EXPLAIN

MY VOTE. COMING FROM A VERY LARGE AGRICULTURAL DISTRICT, IT IS VERY

IMPORTANT -- AND -- AND A PROPONENT OF PROPERTY RIGHTS -- I BELIEVE THAT

IT IS UP TO A PROPERTY OWNER TO DECIDE WHAT THEIR PROPERTY SHOULD BE

USED FOR AND THAT NEW YORK STATE SHOULD NOT BE HAVING ANY

PROHIBITIONS ON THAT.

SO I WILL BE VOTING NO, BUT I APPRECIATE THE SPEAKER'S

NYS ASSEMBLY MARCH 10, 2022

INITIATIVE IN TRYING TO PRESERVE OUR FOOD PRODUCTION. THANK YOU.

ACTING SPEAKER AUBRY: MS. GIGLIO IN THE

NEGATIVE.

MR. TAGUE.

MR. TAGUE: THANK YOU, MR. SPEAKER. TO EXPLAIN

MY VOTE.

ACTING SPEAKER AUBRY: PLEASE, SIR.

MR. TAGUE: THERE'S PROBABLY NO ONE MORE IN THIS

CHAMBER THAT CARES MORE ABOUT KEEPING OUR LANDS IN AGRICULTURE.

HOWEVER, THE FAILURE OF THIS LAW TO EXPLAIN VIABLE AGRICULTURAL LANDS IS

MY REASON FOR MY NO VOTE. ALONG WITH THE FARM BUREAU AND MANY

AGRICULTURAL ORGANIZATIONS, THE FAILURE WAS BACK IN THE BUDGET TWO

YEARS AGO WHEN WE ALLOWED GOVERNMENT AGENCIES TO TAKE AWAY LOCAL

CONTROL AND LOCAL HOME RULE.

FOR THOSE REASONS, I'LL BE VOTING IN THE NEGATIVE.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU, SIR. I'LL -- I'LL BE VOTING

NO ON THIS BILL BECAUSE I THINK IT'S ONE MORE NAIL IN THE COFFIN OF OUR

AGRICULTURAL INDUSTRY. I APPRECIATE THE STATED DESIRE OF THE SPONSOR TO

PROTECT AGRICULTURAL PROPERTY. IT'S A -- AN OBJECTIVE THAT BOTH OF US

SHARE, FOR SURE. BUT IF WE'RE SERIOUS ABOUT PRESERVING OUR AGRICULTURAL

INDUSTRY IN NEW YORK STATE, WE NEED TO LOOK AT WHAT'S HAPPENING IN

FARM ECONOMICS. WE, AS A STATE, ARE MOVING FORWARD TO DRAMATICALLY

NYS ASSEMBLY MARCH 10, 2022

INCREASE THE COST OF FARMING BY IMPOSING OVERTIME STANDARDS THAT DON'T

MAKE SENSE IN THE CONTEXT OF FARMING OPERATIONS. AND WE KNOW

BECAUSE WE'VE HEARD FROM LITERALLY THOUSANDS OF FARMERS ACROSS THE

STATE AS WELL AS FARM WORKERS THAT THOSE OVERTIME STANDARDS ARE GOING

TO CREATE HORRIFIC PROBLEMS. A FEW YEARS AGO, WE BANNED FRACKING,

HYDROFRACKING. AND IN MY DISTRICT FARMERS WOULD USE THOSE NATURAL GAS

WELLS TO OFFSET OPERATING LOSSES. WE LIMIT MARIHUANA COMMERCIAL

LICENSES TO ONE ACRE, SO THAT DIDN'T REALLY HELP A REAL FARM. SO LET'S BE

SERIOUS. IF WE WANT TO HELP FARMERS LET'S MAKE IT PROFITABLE FOR FARMING

IN NEW YORK AND NOT IMPOSE MORE BURDENS ON THEM.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

NEGATIVE.

MR. WALCZYK.

MS. WALCZYK: THANK YOU, MR. SPEAKER. TO

EXPLAIN MY VOTE. THIS BILL PRETENDS TO PROTECT AGRICULTURAL AND

FARMLAND BUT IT TRAMPLES ON PROPERTY RIGHTS, PUTTING FARMERS AT A

DISADVANTAGE IN NEW YORK STATE. I KNOW THAT THERE ARE FANS IN THIS

CHAMBER OF DIFFERENT FORMS OF GOVERNMENT, BUT FARMS IN THIS STATE ARE

NOT COMMUNES AND I WILL BE VOTING NO.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. WALCZYK IN THE

NEGATIVE.

MS. HYNDMAN.

MS. HYNDMAN: PLEASE RECORD MY COLLEAGUES IN

NYS ASSEMBLY MARCH 10, 2022

THE NEGATIVE ON THIS PIECE OF LEGISLATION, MS. BUTTENSCHON AND MRS.

GUNTHER.

THANK YOU.

ACTING SPEAKER AUBRY: SO NOTED. THANK

YOU.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

ACTING SPEAKER AUBRY: PAGE 41, CALENDAR

NO. 370, THE CLERK WILL READ.

THE CLERK: SENATE NO. S07726, CALENDAR NO.

370, SENATOR SKOUFIS (A08775, BURKE). AN ACT TO AMEND THE PUBLIC

HEALTH LAW, IN RELATION TO DIRECTING THE DEPARTMENT OF HEALTH TO

ESTABLISH AND IMPLEMENT AN INFECTION INSPECTION AUDIT AND CHECKLIST ON

NURSING HOMES.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. BURKE.

MR. BURKE: YES, I'M HAPPY TO. THANK YOU, MR.

SPEAKER. THIS BILL AMENDS CHAPTER 768 OF THE LAWS OF 2021 WHICH

ESTABLISHED A PROGRAM UNDER THE DEPARTMENT OF HEALTH FOR AUDITS OF

NURSING HOME COMPETENCY ON INFECTION CONTROL. THIS CHAPTER

AMENDMENT WOULD -- WOULD CLARIFY THAT THE INFECTION INSPECTION

CONTROL AUDIT AND CHECKLIST MUST BE CONSISTENT WITH THE INFECTION

CONTROL SURVEY STANDARD ISSUED BY THE FEDERAL GOVERNMENT, AND REQUIRE

NURSING HOMES TO MEET ALL METRICS ON THE CHECKLIST TO BE SCORED AS IN

NYS ASSEMBLY MARCH 10, 2022

COMPLIANCE WITH INFECTION CONTROL.

MR. BYRNE: THANK YOU FOR THE EXPLANATION. MR.

SPEAKER, WILL THE SPONSOR YIELD FOR A QUESTION?

ACTING SPEAKER AUBRY: MR. BURKE, WILL YOU

YIELD?

MR. BURKE: OF COURSE.

MR. BYRNE: THANK YOU, MR. BURKE. THE QUESTION

-- WE WENT THROUGH THIS TOWARDS THE END OF THE SESSION LAST YEAR AND I

THINK THE CHAPTER AMENDMENT MAKES THE BILL IMPROVED AND IT DOES

ADDRESS SOME OF THE CONCERNS THAT WE RAISED ABOUT INCONSISTENT --

INCONSISTENCIES WITH THE FEDERAL REGULATIONS THAT EXIST. BUT AGAIN, I'LL

ASK SOME OF THE QUESTIONS I THINK I ASKED LAST YEAR. WHO WILL BE

CONDUCTING THESE AUDITS REFERENCED IN THE BILL? AND DO WE KNOW WHAT

THE ASSOCIATED COST TO THE STATE WOULD BE?

MR. BURKE: SURE. SO, THE DEPARTMENT OF HEALTH

WILL BE CONDUCTING THESE AUDITS. THEY'RE PURPOSELY EXTERNAL AUDITS.

UNFORTUNATELY, INTERNAL AUDITS PROVE TO NOT BE THAT EFFECTIVE. AND AS

FAR AS COSTS, WHO KNOWS? YOU KNOW, WE WOULD HOPE THAT EVERYONE

WOULD BE IN COMPLIANCE AND WE WOULDN'T HAVE TO GO THROUGH THIS 90-

DAY CYCLE OF -- OF REPEATED INSPECTIONS. BUT THE DEPARTMENT OF HEALTH

SEEMS SATISFIED WITH THESE CHAPTER AMENDMENTS AND I THINK THAT THEY

ARE PREPARED TO DO THIS, AND SO THAT'S -- THESE ARE THE CHANGES THAT WE'VE

MADE.

MR. BYRNE: THANK YOU FOR ANSWERING THE

QUESTIONS.

NYS ASSEMBLY MARCH 10, 2022

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. BYRNE: I WANT TO THANK THE SPONSOR FOR

ANSWERING MY QUESTIONS. AND IT WAS REFRESHING TO SEE THAT IT SEEMS

THAT OUR -- OUR NEW GOVERNOR PAID ATTENTION TO OUR DEBATE LAST YEAR

BECAUSE SOME OF THE CHAPTER AMENDMENTS ADDRESS AT LEAST SOME OF THE

CONCERNS THAT WERE RAISED ABOUT INCONSISTENCIES WITH FEDERAL

REGULATIONS FROM THE CENTER FOR MEDICARE AND MEDICAID SERVICES. I

WOULD ALSO ADD THAT THERE ARE STILL CONCERNS THAT THIS COULD BE

DUPLICATIVE, ADD COSTLY PENALTIES. IT ALSO INCREASED COSTS TO THE STATE.

AND THERE IS ALSO CONCERNS THAT HAVE BEEN EXPRESSED BY GROUPS LIKE

LEADINGAGE THAT IN THE CONTEXT OF THE PANDEMIC AND STAFFING SHORTAGES

THAT THEY ALREADY MAINTAIN A LOT OF ADMINISTRATIVE REQUIREMENTS, AND

REDUNDANT ADMINISTRATIVE REQUIREMENTS CAN ACTUALLY DIVERT STAFF FROM

VERY IMPORTANT RESIDENT CARE RESPONSIBILITIES. AND THAT IS ANOTHER

CONCERN THAT I HAVE. I CERTAINLY APPRECIATE THE SPONSOR'S GOAL. I DON'T

QUESTION THE MOTIVES OF THIS LEGISLATION. I THINK WHAT WE'RE TRYING TO

ACCOMPLISH IS -- IS CERTAINLY GOOD. WE WANT TO MAKE SURE THAT WE --

WE HAVE GOOD CARE IN THESE FACILITIES THAT CARE FOR SOME OF OUR LOVED

ONES AND OUR MOST VULNERABLE, BUT WE ALSO NEED TO MAKE SURE THAT WE

ARE JUST MINDFUL OF THE COST THAT COME WITH THESE NEW REGULATIONS AND

MANDATES ON THESE FACILITIES.

SO I THINK THE LAST TIME WE VOTED ON THE ORIGINAL BILL

WE HAD 43 NO VOTES. I APPRECIATE THE AMENDMENT. I WILL STILL BE VOTING

NO AND RECOMMEND TO MY COLLEAGUES A VOTE IN THE NEGATIVE. THANK

NYS ASSEMBLY MARCH 10, 2022

YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. JENSEN.

MR. JENSEN: THANK YOU, MR. SPEAKER. WILL THE

SPONSOR YIELD FOR A FEW QUESTIONS?

ACTING SPEAKER AUBRY: MR. BURKE, WILL YOU

YIELD?

MR. BURKE: YEAH, HAPPY TO.

ACTING SPEAKER AUBRY: MR. BURKE YIELDS.

MR. JENSEN: THANK YOU, MR. BURKE. I JUST WANTED

TO -- TO BUILD OFF SOME OF THE QUESTIONS AND COMMENTS OF MY -- MY

PREVIOUS COLLEAGUE. OFTENTIMES IN NURSING HOMES THE INFECTION CONTROL

OPERATIONS ARE OVERSEEN BY A REGISTERED NURSE. AND WHILE SOME OF

THESE AMENDMENTS ARE POSITIVE, WILL THE WORK -- ANY ADDITIONAL

WORKLOAD THAT PUTS IN PLACE SOME OF THESE NEW INFECTION CONTROL

MEASURES, WILL THOSE TAKE INTO ACCOUNT AS DIRECT PATIENT CARE UNDER

PREVIOUSLY PASSED 70/40 SPENDING MECHANISMS?

MR. BURKE: THEY WILL.

MR. JENSEN: THEY WILL. OKAY. I UNDERSTAND YOU

MENTIONED EARLIER THAT THE DEPARTMENT OF HEALTH HAS SAID THAT WITH

THEIR STAFFING DIFFICULTIES THROUGHOUT THE PANDEMIC THEY'RE PREPARED TO

FULFILL THE OBLIGATIONS OF THIS LEGISLATION. THAT'S -- IS THAT CORRECT?

MR. BURKE: CORRECT.

MR. JENSEN: OKAY. HAS THE DEPARTMENT OF HEALTH

-- I KNOW EVEN BEFORE THE PANDEMIC THEY WERE OFTEN MONTHS -- PLENTY

NYS ASSEMBLY MARCH 10, 2022

OF MONTHS BEHIND ON ANNUAL INSPECTIONS OF NURSING HOMES AS WELL AS

MONTHS AND MONTHS AND MONTHS BEHIND ON INVESTIGATIONS ON RESIDENT

AND FAMILY COMPLAINTS. DO YOU KNOW IF THAT SITUATION IS SUBSTANTIALLY

DIFFERENT TODAY?

MR. BURKE: I DON'T.

MR. JENSEN: IS THERE ANY CONCERN THAT YOU HAVE AS

THE SPONSOR OF THIS LEGISLATION THAT ADDING ADDITIONAL INSPECTION

MECHANISMS THAT ARE ALREADY COVERED BY ANNUAL INSPECTIONS AND

INVESTIGATIONS INTO ACCUSATIONS OF NEGLECT AND INAPPROPRIATE ACTION BY

CARE PROVIDERS THAT THIS MAY ADD TO EVEN LESS ABILITY TO INVESTIGATE

THOSE SORTS OF CLAIMS OR CONDUCT INSPECTIONS BY DOH?

MR. BURKE: I MEAN DO I HAVE CON -- I HAVE

CONCERNS ABOUT HOW WE FUNCTION AND OPERATE AND OVERSEE NURSING

HOMES IN GENERAL AND THE COST THAT THAT'S HAD ON VULNERABLE PEOPLE AND

FAMILIES. BUT TO NOT DO THIS, NO, I DISAGREE THAT IT'S A DUPLICATIVE

SERVICE. IT'S -- IT'S OBVIOUSLY NECESSARY. AND AFTER WHAT WE JUST WENT

THROUGH, I THINK WE NEED TO DO EVERYTHING IN OUR POWER -- I THINK

EVERYONE WOULD AGREE -- MAYBE WE DISAGREE ON HOW TO DO IT, BUT WE

NEED TO DO EVERYTHING IN OUR POWER TO ENSURE WE DON'T HAVE ANOTHER,

YOU KNOW, NURSING HOME EPICENTER PUBLIC HEALTH CATASTROPHE. AND I

THINK THIS IS THE BEST WAY TO DO THAT. IF THE DEPARTMENT OF HEALTH ISN'T

MEETING THEIR CAPACITY AND NEED, THEN WE NEED TO HIRE MORE PEOPLE AT

THE DEPARTMENT OF HEALTH. BUT I THINK WE NEED TO AT LEAST GIVE THIS A

SHOT, SEE HOW IT GOES AND THEN OF COURSE, YOU KNOW, DO OUR DUE

DILIGENCE AND HAVE OVERSIGHT WHEN WE HAVE OUR -- OUR HEARING PERIOD.

NYS ASSEMBLY MARCH 10, 2022

MR. JENSEN: WELL -- AND I -- AND I THINK, YOU

KNOW, ALL OF US WOULD -- WOULD AGREE IN THAT RESPECT THAT WE WANT TO

MAKE SURE THAT WE'RE KEEPING RESIDENTS IN LONG-TERM CARE SAFE AND

PROVIDE EXCEPTIONAL -- EXCEPTIONAL CARE. BUT THESE ITEMS ARE ALREADY

REQUIRED BY -- UNDER FEDERAL LAW. THEY'RE ALREADY BEING INSPECTED BY

THE DEPARTMENT OF HEALTH. SO I DON'T WANT TO RELITIGATE --

MR. BURKE: THEY'RE -- THEY'RE NOT, THOUGH. SO THE

-- THE FEDERAL REQUIREMENTS ARE INTERNAL AUDITS FROM THE NURSING HOME

FACILITIES THEMSELVES. THIS WOULD BE AN EXTERNAL AUDIT. SO THE

STANDARD -- THE STANDARDS ARE NOW -- NOW WE'RE MAKING EQUAL, BUT THE

REQUIREMENT OF A -- OF AN EXTERNAL AUDIT, IT PRIORITIZES THAT AND IT GIVES IT

MORE URGENCY WITHIN STATE LAW AS WELL.

MR. JENSEN: WITH ALL DUE RESPECT, MR. BURKE, AS

SOMEBODY WHO WORKED IN A NURSING HOME AND HAS GONE THROUGH AN

ANNUAL INSPECTION, THEY DO INSPECT FOR INFECTION CONTROL MEASURES.

THEY ALREADY ARE LOOKING AT THESE ASPECTS OF THE OPERATIONS OF A

NURSING HOME. SO WE'RE ASKING THEM TO CONTINUE TO DO THE SAME THING,

WHICH WE SHOULD BE DOING, BUT THEY SHOULD ALREADY BE DOING IT IN THE

FIRST PLACE. AND IF WE'RE DOING MORE ANNUAL INSPECTIONS WHEN THEY'RE

SUPPOSED TO BE TAKING PLACE, THESE THINGS WOULD BE CAUGHT EVEN

EARLIER. SO THEY -- I -- I DO BELIEVE, AND I THINK A LOT OF OPERATORS AND --

AND PROVIDERS BELIEVE THAT IT IS DUPLICITOUS. BUT WHAT'S UNDER THE LAW

RIGHT NOW, NOT NECESSARILY THIS LAW, IS THAT WE ARE DISINCENTIVIZING CARE

PROVIDERS FROM MAKING CAPITAL INVESTMENTS THAT MAY ACTUALLY MAKE A

DIFFERENCE IN THE CARE BEING PROVIDED. IF A NURSING HOME WANTS TO

NYS ASSEMBLY MARCH 10, 2022

INVEST IN GREATER AIR CIRCULATION MEASURES TO PROTECT AIR PURIFICATION AND

MAKE SURE IT'S -- THE AIR IS CLEANER ON A NURSING FLOOR, THEY, UNDER LAWS

THAT WE PASSED LAST YEAR, THEY'RE DEINCENTIVIZED FROM MAKING THAT

INVESTMENT. SO WOULDN'T WE WANT TO MAKE MORE ABILITY FOR NURSING

HOMES TO INVEST IN CARE STAFF, IN THE CARE ENVIRONMENT RATHER THAN

ADDING MORE AND MORE INSPECTIONS THAT MAY -- MAY BE DUPLICATIVE?

MR. BURKE: AGAIN, I DON'T -- I DON'T THINK THEY ARE

DUPLICATIVE. BUT I WOULD EQUATE THIS TO, YOU KNOW, IF -- IF -- SORT OF A

FIRE SAFETY OR ANY OTHER VERY NECESSARY SAFETY STANDARD. IF IT WAS

EFFECTIVE, THEN WE WOULDN'T HAVE MET THE, I THINK, SOME OF THE

CHALLENGES WE'VE MET THROUGHOUT THE COVID PANDEMIC. WE CAN'T LET

IT HAPPEN AGAIN. IT'S NOT DUPLICATIVE. THESE AREN'T -- THEY ARE INTERNAL

AUDITS FROM THE -- FROM THE FEDERAL STANDARD. THIS DOES MAKE THEM

EXTERNAL. IT NEEDS TO BE DONE. AND AGAIN, WE MAY DISAGREE ON -- WE

MAY DISAGREE ON SOME OF THESE THINGS. WE CAN ALL DISAGREE OR AGREE

THAT WE HAVE TO DO A WHOLE LOT BETTER AND THIS IS THE EFFORT TO DO THAT.

MR. JENSEN: OKAY. THANK YOU, MR. BURKE. I

APPRECIATE YOU (INAUDIBLE). THANK YOU, MR. SPEAKER.

MR. BURKE: THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MR. SALKA.

MR. SALKA: THANK YOU, MR. SPEAKER. WILL THE

SPONSOR YIELD FOR A QUESTION?

ACTING SPEAKER AUBRY: MR. BURKE, WILL YOU

YIELD?

NYS ASSEMBLY MARCH 10, 2022

MR. BURKE: YES, SIR.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS,

SIR.

MR. SALKA: THE QUESTION I HAVE, THE FIRST ONE IS

WILL THE DOH HAVE ANY KIND OF CONSIDERATION FOR THE STATE OF -- OF THE

STAFFING OF THE NURSING HOMES WHEN IT LOOKS AT THESE POSSIBLE CITATIONS?

IN OTHER WORDS, TO SIMPLIFY IT, IF NURSING HOMES WHICH HAVE BEEN

CHRONICALLY SHORT-STAFFED NOW FOR YEARS AND COVID-19 REALLY

UNDERSCORED IT AND WE SAW THE EFFECTS AND THE IMPLICATIONS, WHEN THE

DOH DOES GO IN AND DO THESE INFECTION CONTROL INSPECTIONS, WHICH A

LOT OF NURSING HOMES ALREADY HAVE IN PLACE, WILL THEY BE ABLE TO MAYBE

GIVE IT A BIT OF A SUBJECTIVE ANALYSIS, IF YOU WILL, BEFORE THEY GO AND

PLACE HEAVY FINES, KIND OF ALREADY KICKING THEM WHILE THEY'RE DOWN.

SO WILL THERE WILL BE ANY WIGGLE ROOM AT ALL WHEN THE DOH GOES IN TO

ASSESS THE INFECTION CONTROL POLICIES AND THEIR EFFECTIVENESS?

MR. BURKE: OF COURSE. I MEAN, SO THE EFFORT HERE

ISN'T TO BE PUNITIVE. THE -- THE EFFORT IS OBVIOUSLY TO HAVE A HIGH SAFETY

STANDARD. SO IT CAN BE -- THE FINES CAN BE UP TO A CERTAIN POINT

DEPENDING ON, YOU KNOW, HOW -- HOW THEY'RE SCALED AND GROW. BUT THE

EFFORT IS TO SORT OF PUT THE ONUS ON THE NURSING HOMES TO ENSURE THEY'RE

DOING EVERYTHING IN THEIR POWER TO PREVENT ANOTHER PANDEMIC, YOU

KNOW, CREATING THEM -- CREATING ANOTHER SORT OF NURSING HOME

PANDEMIC EPICENTER IF SOMETHING ELSE DOES HAPPEN. SO -- BUT I -- I

WOULD GO BACK -- IF YOU ARE A NURSING HOME AND YOU CAN'T -- IF YOU DO

NOT HAVE THE PROPER STANDARDS TO PREVENT A -- A HEALTH OUTBREAK WITHIN

NYS ASSEMBLY MARCH 10, 2022

YOUR NURSING HOME, SHOULD YOU BE OPERATING? I THINK THAT'S A REALLY

IMPORTANT QUESTION. I UNDERSTAND THE DIFFICULTIES THEY HAVE AS AN

INDUSTRY, BUT, YOU KNOW, DO WE -- WOULD I WANT TO SEND MY LOVED ONES

TO A NURSING HOME THAT -- THAT DOESN'T MEET THOSE STANDARDS? I

WOULDN'T, AND I DON'T THINK ANYONE ELSE WOULD. AND I DON'T THINK

ANYONE ELSE SHOULD HAVE TO. THEY SHOULD HAVE THAT -- IT'S HARD ENOUGH

PUTTING A LOVED ONE IN A NURSING HOME. YOU'D HAVE THAT COMFORT

KNOWING THAT THESE STANDARDS ARE MET. AND SO IT'S -- IT'S NOT PUNITIVE.

IT'S NOT DRACONIAN. IT'S -- IT'S TO URGE THEM AND PUSH THEM TO -- TO MEET

THESE I THINK VERY REASONABLE STANDARDS.

MR. SALKA: THANK YOU. AND I UNDERSTAND THAT THE

HEALTHCARE INDUSTRY IN THIS COUNTRY IS PROBABLY ONE OF THE MOST

REGULATED INDUSTRIES IN THE WORLD. AND THE SCRUTINY THAT HOSPITALS AND

NURSING HOMES ARE UNDER ALREADY HAS BEEN WELL-ESTABLISHED. BUT

AGAIN, MY CONCERN GOES BACK TO WHETHER OR NOT WE ARE PLACING A

SOMEWHAT PUNITIVE OR UNREALISTIC GOAL ON THESE INSTITUTIONS THAT ARE

ALREADY HAVING A VERY, VERY DIFFICULT TIME EVEN WITH BASIC STAFFING. NOT

ONLY RNS, BUT CNAS, DIETARY, HOUSEKEEPING. I MEAN, THESE ARE ACUTE

SITUATIONS THAT WERE EXACERBATED BY THE -- BY THE PANDEMIC. BUT WE

UNDERSTAND FOR A LONG TIME THE NURSING HOMES HAVE REALLY BEEN

BETWEEN A ROCK AND A HARD PLACE WHEN IT COMES TO ADEQUATE STAFFING,

BEING ABLE TO BALANCE THEIR BOOKS AND BEING ABLE TO, WHAT IS THE MOST

IMPORTANT THING, IS TO GIVE THE BEST PATIENT CARE.

BUT THOSE ARE A BIT OF MY CONCERNS. SO I WOULD

APPRECIATE IT IF THE DOH WOULD HAVE THE OPTION OF LOOKING AT THESE

NYS ASSEMBLY MARCH 10, 2022

SITUATIONS AND MAKING SURE THAT THEY'RE NOT PAINTING THESE NURSING

HOMES INTO A CORNER. BECAUSE A CLOSED NURSING HOME IS JUST AS BAD OR

CAN BE WORSE THAN A NURSING HOME THAT IS NOT DELIVERING AS GOOD OF

CARE AS THEY CAN. SO -- BUT I APPRECIATE YOUR TIME, MR. BURKE.

MR. BURKE: THANK YOU.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD

THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MR. BURKE, WILL YOU

YIELD?

MR. BURKE: OF COURSE.

ACTING SPEAKER AUBRY: MR. BURKE YIELDS.

MR. GOODELL: THANK YOU, MR. BURKE. I -- I SEE

THAT THE PROPOSED BILL WOULD REQUIRE AN AUDIT TO UTILIZE A CHECKLIST

THAT'S CONSISTENT WITH THE FOCUS OF INFECTION CONTROL SERVICES STANDARD

SET BY THE FEDERAL CENTERS FOR MEDICAID AND MEDICARE, AND THAT THE

FACILITY, QUOTE, "MUST MEET ALL METRICS ON THE CHECKLIST." HOW MANY

METRICS ARE THERE ON THIS CHECKLIST?

MR. BURKE: I DON'T HAVE THAT IN FRONT OF ME RIGHT

NOW.

MR. GOODELL: IS IT FAIR TO SAY THAT SOME OF THE

METRICS ARE MUCH MORE IMPORTANT THAN OTHER ONES?

MR. BURKE: I GUESS -- NOW THAT WOULD BE

SUBJECTIVE, BUT -- BUT I -- I SUPPOSE.

MR. GOODELL: WOULDN'T IT MAKE SENSE THAT

NYS ASSEMBLY MARCH 10, 2022

REQUIRING DOH TO DO A FOLLOW-UP SURVEY WITHIN 90 DAYS SHOULD BE

BASED ON ONLY THOSE HIGH PRIORITY METRICS AND NOT ALL METRICS?

MR. BURKE: NO. I -- I THINK SETTING A STRONG

STANDARD, ESPECIALLY IN CONSIDERATION OF WHAT'S HAPPENED, IS THE MOST

APPROPRIATE. NOW, THE PREVIOUS BILL DID THAT, BUT, YOU KNOW, WE DID

RECEIVE A LOT OF PUSH BACK AND I THINK WE EVEN TALKED ABOUT IT IN OUR

LAST DEBATE HOW -- WHICH I DIDN'T -- I DIDN'T NECESSARILY DISAGREE WITH,

EVEN ON MY OWN BILL THAT -- THAT IT WAS -- I'M TRYING TO FIND THE RIGHT

WORD -- NOT CONVOLUTED, BUT COMPLICATED AND -- AND CREATES -- CREATED

EVEN MORE DIFFICULTY FOR THE DEPARTMENT OF HEALTH. THIS CREATES A -- A

BASIC STANDARD. AND LIKE I SAID, WHEN IT COMES TO FIRE SAFETY WE FELT --

WE WANT THEM TO MEET THE HIGHEST STANDARD, AND WE SEE WHAT HAPPENS

AND UNFORTUNATELY, WHAT COULD HAPPEN (INAUDIBLE).

MR. GOODELL: WE'VE HEARD REPEATED REPORTS THAT

THE STATE DEPARTMENT OF HEALTH IS SERIOUSLY UNDERSTAFFED. IS THAT YOUR

UNDERSTANDING AS WELL?

MR. BURKE: I HAVE HEARD THAT.

MR. GOODELL: DO THEY HAVE THE STAFFING

CAPABILITIES TO IMPLEMENT THIS LAW?

MR. BURKE: THEY BELIEVE THEY DO.

MR. GOODELL: HAVE YOU HEARD FROM THEM?

MR. BURKE: I HAVE.

MR. GOODELL: WE'VE ALSO HEARD THAT THERE IS

SUBSTANTIAL STAFFING ISSUES AFFECTING -- AFFECTING ALL OF OUR NURSING

HOMES. DO YOU KNOW WHETHER THEY HAVE THE STAFFING NECESSARY TO

NYS ASSEMBLY MARCH 10, 2022

RESPOND TO AN INSPECTION AND THE FOLLOW-UP INSPECTION WITHIN 90 DAYS

IF THEY MISS ANY ONE OF THE METRICS?

MR. BURKE: I BELIEVE THEY DO, AND I -- AND I

BELIEVE THEY HAVE A RESPONSIBILITY AND THEY HAVE TO.

MR. GOODELL: AND HAVE YOU HEARD FROM ANY OF

THE NURSING HOMES OR THE ASSOCIATIONS THAT REPRESENT THEM CONFIRMING

THAT THEY HAVE THE STAFFING TO DO THIS?

MR. BURKE: NOT SPECIFICALLY, BUT I HAVE NOT -- THIS

-- OBVIOUSLY, THIS IS A CHAPTER SO WE'RE GOING BACK A COUPLE YEARS NOW.

I DID MEET WITH SOME NURSING HOME PROVIDERS IN 2021, 2020. BUT I

HAVEN'T RECEIVED SIGNIFICANT PUSH BACK FROM NURSING HOME INDUSTRY

PROVIDERS. I HAVE -- I HAVE NOT -- YOU KNOW, YOU'VE -- YOU'VE BEEN IN

THIS GAME A LONG TIME SO YOU UNDERSTAND HOW IT WORKS. GENERALLY, IF

THERE IS STRONG OPPOSITION YOU HEAR ABOUT IT AND I HAVE NOT FACED THAT.

MR. GOODELL: THANK YOU VERY MUCH, MR. BURKE.

I APPRECIATE YOUR COMMENTS AND INSIGHTS.

ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: EVERYONE HERE - REPUBLICAN,

DEMOCRAT, INDEPENDENT, CONSERVATIVE, LIBERAL - EVERYONE HERE WANTS

OUR NURSING HOMES TO BE PROVIDING THE BEST QUALITY OF CARE FOR OUR

LOVED ONES. THAT GOES ALMOST WITHOUT SAYING. BUT I WANT TO REMIND

EVERYONE WE START FROM THE SAME PREMISE. WE ALSO RECOGNIZE THAT

WHEN YOU ASK A BUREAUCRACY TO CREATE A CHECKLIST THEY'RE VERY ADEPT AT

NYS ASSEMBLY MARCH 10, 2022

CREATING LONG CHECKLISTS. AND AS EARLIER DEBATES ON OTHER LAWS HAVE

INDICATED, NOT ALL INFRACTIONS ARE THE SAME. SOME INFRACTIONS AFFECT THE

LIFE AND SAFETY OF OUR RESIDENTS AND THOSE ARE CRITICAL AND ABSOLUTELY WE

EXPECT THE NURSING HOMES TO MEET THEM. HAVING BEEN A COUNTY

EXECUTIVE WITH A COUNTY NURSING HOME FOR EIGHT YEARS I CAN ALSO ASSURE

YOU THAT THERE ARE ALSO ITEMS ON THOSE INSPECTION REPORTS THAT ARE NOT BY

ANY STRETCH OF THE IMAGINATION LIFE-THREATENING OR SERIOUS. SO WHAT THIS

BILL SAYS IS THAT IF A NURSING HOME FAILS TO MEET EVERY METRIC -- I'M

SORRY, I SHOULDN'T PARAPHRASE. IT SAYS IF IT FAILS TO MEET ALL METRICS ON

THE CHECKLIST THEY AUTOMATICALLY GET A FOLLOW-UP INSPECTION WITHIN 90

DAYS. AND UNFORTUNATELY, ALL OUR NURSING HOMES ARE FACING SEVERE

STAFFING SHORTAGES, AND SO WHEN YOU FACE ANOTHER INSPECTION IN 90 DAYS

YOU'RE DEVOTING MORE RESOURCES TO ADDRESSING THE INSPECTION THAN YOU

ARE OTHERWISE PROVIDING FOR PATIENT CARE.

AND SO I CERTAINLY APPRECIATE THE SPONSOR'S DESIRE.

THIS CHAPTER AMENDMENT IS ALSO AN IMPROVEMENT BECAUSE IT REFLECTS

THE FACT THAT WE'RE NOT DEVELOPING STANDARDS THAT ARE SEPARATE AND

DISTINCT FROM THE ONES THAT ALREADY EXIST. THAT'S A GREAT IMPROVEMENT.

AND AGAIN, I APPRECIATE MY COLLEAGUE'S DESIRE. BUT IT WOULD BE I THINK

VERY HELPFUL FOR BOTH THE NURSING HOME OPERATORS AND OUR RESIDENTS IF

WE PRIORITIZE THOSE SHORTCOMINGS THAT ARE CRITICAL AND WOULD TRIGGER A

FOLLOW-UP INSPECTION AND THE DEVOTION OF TIMES AND STAFF TO ADDRESS

FROM THOSE WHO ARE NOT CRITICAL, AND I HOPE THAT'S A CHANGE THAT WE CAN

LOOK AT IN THE FUTURE.

THANK YOU, MR. SPEAKER.

NYS ASSEMBLY MARCH 10, 2022

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 7726. THIS IS A PARTY VOTE. ANY MEMBER WHO

WISHES TO BE RECORDED AS AN EXCEPTION TO THEIR CONFERENCE POSITION IS

REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS

PREVIOUSLY PROVIDED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION. THOSE WHO

SUPPORT IT ARE CERTAINLY ENCOURAGED TO VOTE IN THE AFFIRMATIVE HERE ON

THE FLOOR OR CONTACT THE MINORITY LEADER'S OFFICE AND WE'LL ENSURE THAT

YOUR VOTE IS PROPERLY RECORDED.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: COLLEAGUES, THIS IS A

PARTY VOTE IN THE AFFIRMATIVE. HOWEVER, SHOULD ANY DESIRE TO VOTE IN

THE NEGATIVE, PLEASE FEEL FREE TO CONTACT THE MAJORITY LEADER'S OFFICE

AND YOUR VOTE WILL BE PROPERLY RECORDED.

ACTING SPEAKER AUBRY: THANK YOU.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

NYS ASSEMBLY MARCH 10, 2022

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. IF WE COULD NOW GO TO CALENDAR NO. 37. IT'S ON PAGE 9 AND

IT'S ON DEBATE BY MS. PAULIN.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A00563-A, CALENDAR

NO. 37, PAULIN, GALEF, JEAN-PIERRE, ABINANTI, DINOWITZ, ENGLEBRIGHT,

EPSTEIN, HUNTER, GOTTFRIED, MCDONOUGH, REILLY, COOK, STECK, GRIFFIN,

OTIS, VANEL, SAYEGH, ZINERMAN. AN ACT TO AMEND THE PUBLIC SERVICE

LAW, IN RELATION TO REQUIRING CERTAIN NOTICES TO BE PROVIDED TO

CUSTOMERS RECEIVING TELEPHONE SERVICE THROUGH FIBER OPTIC-BASED

TELEPHONE LINES.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MS. PAULIN.

MS. PAULIN: ABSOLUTELY. THE BILL WOULD REQUIRE

TELEPHONE CORPORATIONS TO PROVIDE NOTICE TO CUSTOMERS BEFORE INITIATING

A CHANGE IN A CUSTOMER'S TELEPHONE SERVICE FROM COPPER-BASED LINES TO

FIBER OPTIC LINES.

ACTING SPEAKER AUBRY: MR. PALMESANO.

MR. PALMESANO: YES, MR. SPEAKER. WILL THE

SPONSOR YIELD FOR A FEW QUESTIONS?

ACTING SPEAKER AUBRY: MS. PAULIN, WILL YOU

YIELD?

MS. PAULIN: I WOULD BE HAPPY TO.

NYS ASSEMBLY MARCH 10, 2022

ACTING SPEAKER AUBRY: MS. PAULIN YIELDS,

SIR.

MR. PALMESANO: THANK YOU. AND BEFORE I START,

I JUST WANT SAY I KNOW YESTERDAY WHEN I WAS DEBATING OUR COLLEAGUE I

SAID I WASN'T GOING TO USE THE WHOLE 15 MINUTES. OOPS, SORRY ABOUT

THAT EVERYONE. I'M -- I'M NOT GOING TO MAKE THAT PLEDGE HERE, BUT I'M

GOING TO TRY MY BEST TO SEE HOW WE CAN GET THROUGH THIS DISCUSSION

TODAY WITH SOME QUESTIONS TO ASK. SO I GUESS MY FIRST QUESTION, AMY,

IS I KNOW WE'RE TALKING ABOUT FIBER DEPLOYMENT. WE ALL AGREE THAT WE

NEED TO DO ALL WE CAN TO EXPEDITE FIBER DEPLOYMENT ACROSS OUR STATE AS

QUICKLY AS POSSIBLE AS EFFICIENTLY AS POSSIBLE. WOULDN'T YOU AGREE WITH

THAT?

MS. PAULIN: YES.

MR. PALMESANO: ESPECIALLY AFTER THE REMOTE

EXPERIENCE -- LEARNING EXPERIENCE OUR KIDS FACED BEFORE -- DURING THE

COVID CRISIS AND WHICH WAS A PROBLEM EVEN WITH THE INTERNET

TECHNOLOGY AND RELIABILITY WAS A PROBLEM BEFORE COVID BUT WAS JUST

EXACERBATED AFTER COVID. IS THAT AN ACCURATE ASSESSMENT?

MS. PAULIN: I'M SORRY.

MR. PALMESANO: I'M SORRY. I'M JUST TRYING TO

EMPHASIZE THE POINT THAT RELIABILITY AND INTERNET ACCESS WAS A PROBLEM

BEFORE COVID BUT IT BECAME EXACERBATED --

MS. PAULIN: YES. YES.

MR. PALMESANO: -- AFTER COVID AND WE SAW --

MS. PAULIN: ABSOLUTELY.

NYS ASSEMBLY MARCH 10, 2022

MR. PALMESANO: -- PEOPLE HAVING TO LINE UP

OUTSIDE OF LIBRARIES AND SCHOOLS TRYING TO GET INTERNET ACCESS SO THEY

COULD DO PAPERS AND THINGS OF THAT NATURE. SO I KNOW -- I UNDERSTAND

THE INTENTIONS BEHIND YOUR LEGISLATION HERE TODAY, BUT I JUST -- I HAD A

FEW QUESTIONS TO ASK YOU, IF I MAY.

RIGHT NOW THE FCC HAS A REGULATORY PROCESS WHEN

THERE'S A COPPER RETIREMENT, CORRECT? WHERE COMPANIES WILL NOTIFY THE

FCC THAT THEY PLAN TO RETIRE THE COPPER IN AN AREA WELL BEFORE THAT

RETIREMENT. THERE'S A PROCESS RIGHT NOW THAT THE FCC HAS IN PROCESS

WHEN THEY -- WHEN THEY RETIRE COPPER TO DO FIBER DEPLOYMENTS, CORRECT?

MS. PAULIN: YES. THERE -- THEY HAD CHANGED THEIR

PROCESS IN THE LAST COUPLE OF YEARS TO ELIMINATE THE NOTICE AND TO

SIMPLY REQUIRE A POSTING ON A WEBSITE IF THEY'RE GOING TO COME INTO AN

AREA AND CHANGE FROM COPPER TO FIBER. SO THAT WAS WHAT PROMPTED THE

BILL.

MR. PALMESANO: SO WERE THESE RULES AND

REGULATIONS AND NOTIFICATIONS MADE BECAUSE THE COMPANIES AREN'T

MAKING -- ARE YOU SAYING THE COMPANIES AREN'T MAKING THE NOTIFICATION

TO CUSTOMERS WHEN THEY'RE DOING THE DEPLOYMENTS?

MS. PAULIN: IT'S OPTIONAL NOW. I KNOW THAT, YOU

KNOW, LOCALLY, VERIZON WHERE A LOT OF US RESIDE DOES STILL PROVIDE

NOTICE BUT IT IS OPTIONAL. I ALSO KNOW THAT THE -- THAT VERIZON, BEING A

BIG PROVIDER, DOESN'T OBJECT TO THIS BILL BECAUSE THEY BELIEVE THAT NOTICE

IS WORTHWHILE WHICH IS WHY THEY'RE CONTINUING TO DO IT. BUT THERE ARE A

LOT OF SMALLER COMPANIES, PERHAPS, AND OVER TIME WE MAY SEE THAT THIS

NYS ASSEMBLY MARCH 10, 2022

NOTICE IS NOT GIVEN TO CUSTOMERS. SO WE WANT TO ENSURE THAT IT IS.

MR. PALMESANO: I DID WANT TO ASK -- YOU KNOW,

OBVIOUSLY, AGAIN, WE'RE -- WE KNOW THAT THE FIBER IS THE PREFERRED

TECHNOLOGY. AND I KNOW THAT YOU SAID THAT YOU'RE TRYING TO WORK WITH

ORGANIZATIONS. BECAUSE ONE PART OF THE BILL THAT KIND OF CONCERNS ME

BECAUSE I KNOW RIGHT NOW WHERE COMPANIES ARE TRYING TO MAKE THOSE

NOTIFICATIONS, WHEN LETTERS DO GO OUT THEY'RE NOTIFYING THEM WITHIN, YOU

KNOW, 30 TO 60 DAYS, SOMETIMES 45 DAYS. IN YOUR BILL IT TALKS ABOUT

HOW ANY SUCH NOTICE SHALL BE DEEMED TO BE APPROVED BY THE

COMMISSION 90 DAYS AFTER THE COMPANY APPLIES TO THE COMMISSION FOR

APPROVAL. SO THE -- SO THE PSC CAN HAVE UP TO 90 DAYS TO APPROVE THE

COMMUNICATION THAT NEEDS TO GO OUT TO THE -- TO THE CUSTOMERS SO THAT

THE COMPANY WOULDN'T BE ABLE TO GO OUT THERE AND DO THE DEPLOYMENT

UNTIL THEY GET THAT APPROVAL, SO THEY WOULD HAVE TO WAIT 90 DAYS; ISN'T

THAT CORRECT?

MS. PAULIN: YES. WE -- WE BECAME AWARE TODAY

OF THE CONCERN BY THE TELEPHONE CORPORATIONS THAT THAT MIGHT BE TOO

LONG. WE JUST LEARNED ABOUT THAT CONCERN. SO WE HAVEN'T -- DIDN'T HAVE

TIME YET TO CHECK WITH THE PSC WHETHER IT CAN BE SHORTENED. BUT I

HAVE TOLD THEM AND I'LL SAY IT ON THE FLOOR, I'M VERY OPEN-MINDED TO

SHORTENING IT. I WOULD -- I WOULD WANT TO SHORTEN IT IF IT CAN BE

SHORTENED, BUT I -- I JUST LEARNED ABOUT IT TODAY FOR THE FIRST TIME, AS I

THINK YOU HAVE AS WELL.

MR. PALMESANO: OKAY. BECAUSE I -- THAT WAS

MY OTHER QUESTION WHEN I LOOKED AT THE LANGUAGE BECAUSE IF IT'S 90

NYS ASSEMBLY MARCH 10, 2022

DAYS AND THEN IF THERE'S AN ERROR OR SOMETHING THEY WANT CORRECTED IT

GOES BACK TO THE PSC. HOW MUCH TIME WOULD THEY HAVE TO DO THAT?

AND THAT'S JUST KIND ADDS UP IN THAT TIME FRAME.

MS. PAULIN: I -- I AGREE. AND I JUST WANT TO ANSWER

ONE OTHER SMALL POINT THAT -- THAT I THINK YOU ALLUDED TO, AND THAT IS THE

REASON WE WANT TO DO THIS CAME UP DURING STORM SANDY AND OTHER

STORMS, AND IT CAME WITH UP WITH SOME OF OUR EMERGENCY PROVIDERS,

FOR EXAMPLE, A LOCAL DENTIST WE HAD WHO DOES EMERGENCY WORK. AND

WITH COPPER, THE BATTERY BACKUP IS DONE BY THE UTILITY SO THAT THEY

MAINTAIN SERVICE DURING THOSE STORMS, UNLIKE FIBER WHO CONVERTS TO A

BATTERY SYSTEM. AND I HAVE ANOTHER BILL I THINK ON THE FLOOR TO DEBATE

AT ANOTHER LATER POINT ABOUT NOTICE WHEN YOU HAVE BATTERIES, BECAUSE

THE BATTERIES DON'T HAVE A LONG LIFE AND THEY NEED TO BE REPLACED AND

NOT EVERYONE IS AWARE. SO BECAUSE OF THAT, THESE EMERGENCY HEALTH

PROVIDERS WANTED THE OPPORTUNITY TO MAINTAIN THEIR COPPER, OR AT LEAST

ONE COPPER PHONE BECAUSE THEY ARE MAINTAINED BY THE UTILITIES, THE

SERVICE. SO THAT WAS WHAT -- AND THEY WANTED THAT OPTION AND -- AND IT

SEEMED LIKE THEY SHOULD GET NOTICE TO BE ABLE TO ASK FOR THAT OPTION.

MR. PALMESANO: OKAY. AND ALSO -- I THINK ALSO

YOU MENTIONED ABOUT POSTING STUFF ON THE WEBSITE. SO THERE IS LIKE, I

KNOW, LIKE I THINK, A CONSUMER GUIDE OUT THERE THAT LETS PEOPLE KNOW

ABOUT THE ISSUES WHEN THEY DO DEPLOYMENT AND WHERE THINGS STAND

FROM THAT PERSPECTIVE THAT -- THAT WOULD HAVE TO ACCESS THE INTERNET

(INAUDIBLE).

MS. PAULIN: I DON'T KNOW HOW MANY TIMES YOU

NYS ASSEMBLY MARCH 10, 2022

CHECK THE INTERNET ACCESS OF YOUR TELEPHONE PROVIDER. I DON'T CHECK IT

VERY OFTEN.

MR. PALMESANO: NO, I AGREE. I JUST WANTED TO

JUST CLARIFY THAT. SO WHEN THERE IS NOTIFICATION THAT IS MADE, COMPANIES

THAT ARE MAKING NOTIFICATION, I KNOW SOME ARE, YOU'RE SAYING SOME

AREN'T, THEY'RE MAKING THAT COMMUNICATION WITHIN A CERTAIN PERIOD OF

TIME FRAME. AND THEN WE'RE TALKING ABOUT THE -- THE 90 DAY TIME FRAME

THAT YOU SAID THERE'S SOME -- YOU KNOW, WE'RE LOOKING TO ADDRESS.

SO, AMY, I WANT TO SAY THANKS FOR YOUR TIME ON THIS

AND I'LL JUST SPEAK ON THE BILL NOW. THANK YOU VERY MUCH.

MS. PAULIN: OKAY. THANK YOU SO MUCH.

MR. PALMESANO: I JUST WANT TO COMMEND THE

SPONSOR. OBVIOUSLY, DURING THIS DEBATE, YOU KNOW, WE FIND THINGS OUT

DURING DISCUSSIONS AND -- AND AS BILLS COME UP. I APPLAUD HER FOR HER

WILLINGNESS TO WORK TO TRY TO FIND AMENDMENTS BECAUSE OF THE -- THE

CONCERNS THAT ARE OUT THERE AND THE NEED TO DEPLOY AS QUICKLY AS WE

CAN. AND I THINK THE FCC, YOU KNOW, RECOGNIZED THE FACT THAT THEY

WANT TO HAVE UNIFORMITY WITH THESE RULES AND REGULATIONS TO HOPEFULLY

ENCOURAGE THIS MORE EFFICIENT AND CRITICAL FIBER DEPLOYMENT, MORE

EFFICIENCY WITH THE PREFERRED TECHNOLOGY. AND I THINK, YOU KNOW,

BECAUSE THE FCC REALLY DOES DEVELOP THE RULES AND POLICIES REGARDING

COPPER RETIREMENTS AND -- AND THE FIBER DEPLOYMENT BECAUSE IT'S A

UNIVERSAL THING ACROSS THE COUNTRY THAT UNIFORMITY STANDARD IS

IMPORTANT. I WOULD HOPE THAT THE FCC REGULATIONS WOULD BE GOOD

ENOUGH, BUT THERE MIGHT BE SOME QUESTIONS THERE, OBVIOUSLY. BUT I

NYS ASSEMBLY MARCH 10, 2022

THINK THAT UNIFORMITY THAT IS IN PLACE, THAT HAS BEEN IN PLACE WITH THE

FCC IS THE REASON WE'RE SEEING COMPANIES AND ORGANIZATIONS INVESTING

BILLIONS OF DOLLARS INTO THE INFRASTRUCTURE FOR THAT BROADBAND

DEPLOYMENT BECAUSE WHEN THEY KNOW IT'S UNIFORM ACROSS THE COUNTRY

AND THAT STATES HAVE DIFFERENT RULES AND REGULATIONS, DIFFERENT

REQUIREMENTS, WHETHER IT'S NOTIFICATION OR OTHER REGULATIONS AND

REPORTING REQUIREMENTS. AS WE TALKED ABOUT THE -- THE TIME FRAME THAT

THE PSC HAS TO REVIEW -- CORRESPONDENCE IS GOING FROM A -- A COMPANY

TO A CUSTOMER EVEN THOUGH WHEN, YOU KNOW, THESE COMPANIES ARE

PROBABLY ALREADY TRYING -- ARE ALREADY TRYING TO DO THAT -- THOSE

NOTIFICATIONS THROUGH THEIR CURRENT PROCESS. AND I THINK WE WANT TO

MAKE SURE THAT WE'RE DOING EVERYTHING WE CAN TO BE HELPFUL AND -- AND

MAKE SURE THIS DEPLOYMENT CONTINUES TO PROGRESS IN A QUICK, EFFICIENT

MANNER RATHER THAN PUTTING UP MORE ROADBLOCKS AND HINDRANCES TO THAT.

WE WANT TO MAKE SURE WE'RE NOT BEING DUPLICATIVE IN HAVING THE

ADDITIONAL REQUIREMENTS AND ENCOURAGE THIS PROCESS TO EXPEDITE. I

THINK I WAS JUST CONCERNED ON THE PROCESS OF ADDING MORE BURDENS THAT

CAN PLACED ON -- ON THOSE WHO ARE DOING THIS DEPLOYMENT, GETTING THAT

-- THOSE CHANGES AND CHANGING OUT THE COPPER AND PUTTING IN THE FIBER

BECAUSE WE KNOW IT'S THE MOST EFFICIENT AND IMPROVED TECHNOLOGY. I

THINK AS WE WERE TALKING ABOUT, WE NEED TO GET THE FIBER DEPLOYMENT

THAT'S NOT GOING OUT FAST ENOUGH. THERE CONTINUES TO BE HINDRANCES AND

HURDLES IN THIS PROCESS. YOU KNOW, WHAT WE'VE EXPERIENCED OVER THE

PAST TWO YEARS DURING COVID, THE REMOTE LEARNING EXPERIENCE, WE

KNEW THAT ACCESS TO A RELIABLE INTERNET AND TECHNOLOGY WAS A PROBLEM

NYS ASSEMBLY MARCH 10, 2022

BEFORE COVID, ESPECIALLY IN OUR UPSTATE RURAL AREAS FOR SURE, THAT ARE

HAVING DIFFICULT TIMES. AND THIS PROBLEM JUST BECAME MORE

EXACERBATED DURING COVID AND AFTER, AND WE NEED TO REALLY REDOUBLE

OUR EFFORTS TO MAKE SURE WE'RE DOING EVERYTHING WE CAN TO TAKE THE

HURDLES AND -- AND THE OBSTRUCTIONS OUT OF THE WAY OF GETTING THE

DEPLOYMENT OF THE BROADBAND AND FIBER OUT THERE TO OUR COMMUNITIES,

ESPECIALLY IN OUR RURAL AREAS. YOU KNOW, MANY AREAS WHO AREN'T

GETTING ACCESS TO THE INTERNET THAT THEY NEED THAT WAS PROMISED, EVEN

THOUGH THIS ADMINISTRATION AND THE PAST ADMINISTRATION WAS SAYING WE

HAVE UNIVERSAL BROADBAND. WE DO NOT. WE NEED TO MAKE SURE WE'RE

PUTTING THAT -- THOSE HURDLES AND THOSE BURDENS OUT OF THE WAY OF THE

DEVELOPERS SO THEY CAN MAKE THOSE DEPLOYMENTS. I THINK THAT CERTAINLY

ONE THING THAT WE SHOULD BE TALKING ABOUT MORE THAT WE DON'T TALK

ABOUT MORE AND THAT IS WHAT THIS CHAMBER DID WITH THE HELP OF THE

GOVERNOR WAS WHEN THEY PLACED -- PLACED IN LAW A DOT RIGHT-OF-WAY

TAX FEE WHICH WAS A PURE MONEY GRAB BY THE STATE OF NEW YORK TO

COLLECT DOLLARS FOR RESOURCES, AND WHICH WAS A TOTALLY (INAUDIBLE)

CONTRADICTS THE GOALS AND WHAT WE'VE BEEN TRYING TO PRODUCE AND

PROVIDE ALL ALONG IN THIS PROCESS ABOUT TRYING TO GET UNIVERSAL

BROADBAND AND GETTING ACCESS TO ALL THOSE WHO NEED IT. BUT THIS TAX,

DOT RIGHT-OF-WAY TAX HAS BEEN IN PLACE FOR NOW FOR A COUPLE OF YEARS,

AND THE FACT THAT THIS -- THIS CHAMBER, THE MAJORITY AND THE GOVERNOR

HASN'T ELIMINATED THAT ONEROUS TAX WHICH CONTINUES TO BE ANOTHER

HINDER AND BURDEN FOR COMPANIES TO BE ABLE TO DEPLOY FIBER AND

BROADBAND INTO THEIR COMMUNITIES, PARTICULARLY IN OUR RURAL

NYS ASSEMBLY MARCH 10, 2022

COMMUNITIES. I THINK THAT'S SOMETHING WE NEED TO LOOK AT AS PART OF

THIS ISSUE, AND I THINK WE HAVE TO CONTINUE TO TRY TO DO EVERYTHING WE

CAN TO MAKE SURE THAT WE'RE TRYING TO HAVE A UNIVERSAL REQUIREMENT

WITH THE FCC GUIDING US VERSUS THE STATE AND HAVING A PATCHWORK OF

REGULATIONS AND RULES.

SO BECAUSE OF THAT AND I THINK WE HAVE A LOT OF WORK

TO DO ON THIS, MR. SPEAKER, I'M GOING TO BE VOTING IN THE NEGATIVE. BUT

I UNDERSTAND AND I DO APPLAUD THE -- THE SPONSOR FOR LOOKING OUT AND

TRYING TO DO AMENDMENTS TO TRY TO MAKE THIS PROCESS THE SOONER THE

BETTER, SO WE'LL SEE WHERE THOSE AMENDMENTS GO AND IF WE CAN MAKE

THE BILL ANY BETTER. BUT IN THE MEANTIME, UNTIL THEN, UNTIL WE SEE THOSE,

I'M GOING TO BE VOTING NO ON THIS LEGISLATION AND -- AND ASK SOME OF MY

COLLEAGUES TO DO THE SAME. THANK YOU.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON ASSEMBLY PRINT 563-A. 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 BILL. THOSE WHO WISH TO

SUPPORT IT CERTAINLY ARE ENCOURAGED TO VOTE IN FAVOR OF THE BILL ON THE

NYS ASSEMBLY MARCH 10, 2022

FLOOR OR CALL THE MINORITY LEADER'S OFFICE AND WE WILL RECORD YOUR VOTE

ACCORDINGLY.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU, MR.

GOODELL.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. MAJORITY COLLEAGUES WILL GENERALLY BE IN FAVOR OF THIS PIECE

OF LEGISLATION. HOWEVER, SHOULD MEMBERS DECIDE TO BE AN EXCEPTION,

PLEASE FEEL FREE TO CONTACT THE MAJORITY LEADER'S OFFICE AND WE WILL

PROPERLY RECORD YOUR VOTE.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU, MA'AM.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU, SIR. I WILL BE VOTING NO

ON THIS BILL AND ENCOURAGE MY COLLEAGUES TO VOTE NO BECAUSE THIS BILL

MAKES THE PROCESS OF UPGRADING OUR TELECOMMUNICATIONS SYSTEM

SLOWER AND MORE BURDENSOME BY IMPOSING MULTIPLE DELAYS THAT COULD

IMPACT THE ABILITY OF A TELECOMMUNICATION COMPANY TO PUT IN

HIGH-SPEED INTERNET. AS MENTIONED BY MY COLLEAGUE BEFORE, YOU COULD

CONVERT FROM THE OLD COPPER TO THE STATE-OF THE-ART FIBER OPTICS. THE

UTILITY COMPANY WOULD HAVE TO SEND THE PSC A PROPOSED NOTICE. THE

PSC WOULD HAVE 90 DAYS TO REVIEW IT. IF THEY MADE CHANGES, THE

UTILITY COMPANY WOULD HAVE TO GO BACK AND MAKE THE CHANGES. THE

NYS ASSEMBLY MARCH 10, 2022

PSC WOULD THEN HAVE TO FACE A SECOND 90-DAY PERIOD. AND ONCE IT'S --

THEY SIGN OFF, THE UTILITY COMPANY WOULD HAVE TO GIVE A 45-DAY NOTICE

TO THE CUSTOMERS. SO THIS BILL POTENTIALLY ADDS SEVEN-AND-A-HALF

MONTHS OR MORE TO THE PROCESS OF UPGRADING OUR SYSTEM TO PROVIDE

STATE-OF-THE-ART FIBER OPTICS. AND AS WE'VE SEEN PARTICULARLY OVER THE

LAST TWO YEARS WITH COVID, THAT STATE-OF-THE-ART FIBER OPTIC SYSTEM IS

SO MUCH FASTER AND BETTER FOR INTERNET ACCESS. I THINK WE SHOULD BE

STRIVING TO EXPEDITE THE PROCESS RATHER THAN SLOW THE PROCESS DOWN.

AND I GREATLY APPRECIATE THE SPONSOR'S COMMENTS THAT SHE WOULD LOOK

AT AMENDMENTS. I WOULD HOPE THAT IN THE FUTURE WE AMEND THE BILL

BEFORE WE VOTE ON IT RATHER THAN AFTER WE VOTE ON IT.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

NEGATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER, COLLEAGUES. CAN WE TURN OUR ATTENTION NOW TO CALENDAR NO.

45? IT'S ON PAGE 10 SPONSORED BY MS. WALLACE, AND IT IS ON DEBATE, SIR.

ACTING SPEAKER AUBRY: PAGE 10, CALENDAR

NO. 45, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A00744, CALENDAR NO.

45, WALLACE, ABINANTI, VANEL, GRIFFIN, ZINERMAN, DESTEFANO, SILLITTI,

NYS ASSEMBLY MARCH 10, 2022

SAYEGH. AN ACT TO AMEND THE GENERAL BUSINESS LAW, IN RELATION TO THE

REQUIREMENT THAT CERTAIN HEALTH CLUBS SHALL HAVE AT LEAST ONE AUTOMATED

EXTERNAL DEFIBRILLATOR AVAILABLE UPON THE PREMISES.

ACTING SPEAKER AUBRY: MS. WALLACE, AN

EXPLANATION HAS BEEN REQUESTED.

MS. WALLACE: YES. SO THIS BILL WOULD REQUIRE

THAT HEALTHCARE CLUBS WITH 50 MEMBERS OR MORE HAVE AT LEAST ONE AED,

AUTOMATED EXTERNAL DEFIBRILLATOR, ON PREMISES THAT IS READILY AVAILABLE

FOR USE.

ACTING SPEAKER AUBRY: MS. WALSH.

MS. WALSH: THANK YOU, MR. SPEAKER. WILL THE

SPONSOR YIELD FOR A FEW QUESTIONS?

ACTING SPEAKER AUBRY: MS. WALLACE, WILL

YOU YIELD TO MS. WALSH?

MS. WALLACE: YES.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MS. WALSH: THANK YOU SO MUCH. THANK YOU, MR.

SPEAKER. SO MS. WALLACE, WHAT DOES THE CURRENT LAW REQUIRE? WHAT

SIZE HEALTH -- HEALTH CLUB NEEDS TO PROVIDE THE AED CURRENTLY?

MS. WALLACE: CURRENTLY THE LAW REQUIRES 500 OR

MORE MEMBERS.

MS. WALSH: AND SO WHAT THIS BILL DOES IN PART IS IT

-- OR REALLY ALMOST ONLY EFFECT OF THIS BILL IS TO TAKE IT FROM 500 DOWN TO

50 OR MORE MEMBERS; IS THAT CORRECT?

MS. WALLACE: THAT'S ABSOLUTELY CORRECT.

NYS ASSEMBLY MARCH 10, 2022

MS. WALSH: OKAY. AND THERE'S ALSO ANOTHER

PORTION OF THE BILL THAT I DON'T BELIEVE IS BEING CHANGED. WELL, ACTUALLY,

LET ME ASK IT TO YOU THIS WAY. IT -- OTHER THAN LOWERING THE THRESHOLD

FOR HEALTH CLUB MEMBERS BEFORE AN AED HAS TO BE PROVIDED, IS THERE

ANYTHING ELSE THAT THIS BILL DOES OR MAKES ANY CHANGE IN THE CURRENT

LAW?

MS. WALLACE: NO. I -- I THINK THAT THAT'S REALLY

THE INTENT OF THIS BILL. AND I THINK THE EFFECT OF THIS BILL IS JUST TO LOWER

IT FROM 500 TO 50. IN THE PASSAGE FROM THE TIME THAT WE ORIGINALLY HAD

ENACTED 500, THE COST OF DEFIBRILLATORS HAVE GONE DOWN SIGNIFICANTLY.

THERE'S A LOT OF RESEARCH THAT SHOWS THAT THEY ARE TRULY LIFESAVING. SO I

THINK IT JUST MAKES A LOT OF SENSE TO LOWER THE THRESHOLD AND HAVE THESE