MONDAY, MARCH 22, 2021                                                                          3:06 P.M.

                                 ACTING SPEAKER AUBRY:  THE HOUSE WILL COME

                    TO ORDER.

                                 RABBI BUTMAN WILL OFFER A PRAYER.

                                 (PAUSE)

                                 RABBI BUTMAN, YOU NEED TO UNMUTE YOURSELF.  WE

                    CAN'T HEAR YOU, PLEASE.

                                 RABBI SHMUEL M. BUTMAN:  CAN YOU HEAR ME

                    NOW?

                                 MEMBERS:  YAY.

                                 (APPLAUSE)

                                 RABBI BUTMAN:  CAN I CONTINUE?

                                 ACTING SPEAKER AUBRY:  YES.  PLEASE PROCEED.

                                 RABBI BUTMAN:  THANK YOU SO MUCH.  I WANT TO

                                          1



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                    TELL YOU THAT IN OUR SHULS, IN OUR SYNAGOGUES, EVERY SATURDAY WE SAY A

                    SPECIAL PRAYER FOR YOU.  WE SAY (SPEAKING YIDDISH).  ALL THOSE WHO

                    SERVE THE PUBLIC FAITHFULLY, AS YOU DO, WE ASK FOR A SPECIAL PRAYER.

                    AND THIS YEAR OUR PRAYER IS EVEN STRONGER.  WE ASK FOR ALL OF THOSE WHO

                    NEED TO RECOVER FROM COVID-19 SHOULD RECOVER IMMEDIATELY, AND ALL

                    OF THOSE WHO ARE HEALTHY SHOULD CONTINUE BE HEALTHY AND ALMIGHTY

                    GOD SHOULD GIVE US GOOD HEALTH AND LONG LIFE.  WE SHOULD BE ABLE TO

                    DO WHAT HE TELLS US TO DO IN THIS WORLD.  AND WE WISH YOU, YOU ARE

                    THOSE WHO SERVE THE PUBLIC FAITHFULLY AND YOU HAVE INFLUENCE OVER THE

                    WHOLE WORLD, SAYS THE REBBE.  AND WHY IS THAT?  BECAUSE YOU ARE

                    THOSE WHO ARE THE CUSTODIANS OF LAW AND ORDER IN THE STATE OF NEW

                    YORK.  AND BECAUSE THE STATE OF NEW YORK IS SUCH A GREAT STATE, THE

                    EMPIRE STATE, YOU HAVE INFLUENCE ALL OVER THE UNITED STATES.  AND

                    BECAUSE THE UNITED STATES IS A SUPERPOWER, YOU HAVE INFLUENCE ALL OVER

                    THE WORLD.  SO, THEREFORE, WHAT YOU ARE DOING IN THE ASSEMBLY

                    CHAMBER, YOU HAVE INFLUENCE ALL OVER THE WORLD AND YOU HAVE THE

                    ABILITY TO MAKE THIS WORLD A BETTER PLACE.  AND BECAUSE OF THAT,

                    ALMIGHTY GOD, WILL BESTOW HIS BLESSINGS ON YOU FOR GOOD HEALTH, FOR

                    LONG LIFE AND FOR PROSPERITY AND FOR GREAT SUCCESS IN YOUR COMMUNAL

                    LIFE AS WELL AS IN YOUR PRIVATE LIVES.

                                 AND LET US SAY AMEN.

                                 MEMBERS:  AMEN.

                                 ACTING SPEAKER AUBRY:  VISITORS ARE INVITED

                    TO JOIN THE MEMBERS IN THE PLEDGE OF ALLEGIANCE.

                                 (WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND

                                          2



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                    MEMBERS IN THE PLEDGE OF ALLEGIANCE.)

                                 A QUORUM BEING PRESENT, THE CLERK WILL READ THE

                    JOURNAL OF SUNDAY, MARCH 21ST.

                                 MRS. PEOPLES-STOKES.

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

                    DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF MARCH THE 21ST AND

                    ASK THAT THE SAME STAND APPROVED.

                                 ACTING SPEAKER AUBRY:  WITHOUT OBJECTION, SO

                    ORDERED.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  I CERTAINLY WELCOME COLLEAGUES BACK TO THE CHAMBERS, THOSE

                    WHO ARE HERE WITH US AND THOSE WHO ARE HERE REMOTELY.  I DO WANT TO

                    OFFER A QUOTE TODAY.  IT IS FROM EDITH WHARTON.  SHE WAS AN AMERICAN

                    NOVELIST, A SHORT STORY WRITER AND A DESIGNER.  EDITH'S WORDS FOR US

                    TODAY, THERE ARE TWO WAYS OF SPREADING LIGHT:  TO BE THE CANDLE OR TO

                    BE THE MIRROR THAT REFLECTS IT.  I WANT TO THANK MS. WHARTON FOR HER

                    WORDS TODAY AND SAY TO MY COLLEAGUES THAT YOU HAVE ON YOUR DESK A

                    MAIN CALENDAR AND AN A-CALENDAR.  MR. SPEAKER, I WOULD LIKE TO

                    ADVANCE THAT A-CALENDAR.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MRS.

                    PEOPLES-STOKES, THE A-CALENDAR IS ADVANCED.

                                 MRS. PEOPLES-STOKES:  THANK YOU.  AFTER ANY

                    INTRODUCTIONS AND/OR HOUSEKEEPING, WE'RE GOING TO BE TAKING UP

                    RESOLUTIONS ON PAGE 3, AND THEN WE WILL TAKE UP THE A-CALENDAR AS WELL

                                          3



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                    AS WE WILL CONSENT THE NEW BILLS THAT ARE BEGINNING WITH CALENDAR NO.

                    176.  THEN WE'RE GOING TO GO STRAIGHT THROUGH TO 189.  PROBABLY WILL BE

                    MAKING FUTURE ANNOUNCEMENTS SHOULD THERE BE FURTHER CONSENT BILLS

                    AND/OR DEBATE BILLS ON TODAY.

                                 WITH THAT, MR. SPEAKER, AS A GENERAL OUTLINE ON WHERE

                    WE'RE GOING, IF THERE'S HOUSEKEEPING, NOW WOULD BE AN APPROPRIATE

                    TIME.

                                 ACTING SPEAKER AUBRY:  NO HOUSEKEEPING,

                    BUT AN INTRODUCTION BY ASSEMBLYMAN WEPRIN.

                                 MR. WEPRIN:  THANK YOU, MR. SPEAKER.  IT'S A GREAT

                    HONOR FOR ME TO INTRODUCE A VERY CLOSE FAMILY FRIEND IN RABBI SHMUEL

                    BUTMAN.  RABBI BUTMAN HAS BEEN A FAMILY FRIEND OF -- HE -- HE -- HE

                    ALWAYS -- HE WAS A CLOSE FRIEND OF MY LATE FATHER, SAUL WEPRIN, AND A

                    CLOSE -- CLOSE FRIEND OF MY LATE UNCLE, JACK WEPRIN.  I KNOW RABBI

                    BUTMAN FOR OVER 40 YEARS.  HE IS HERE TODAY, AS HE IS EVERY YEAR,

                    BEFORE THE PASSOVER HOLIDAY TO CELEBRATE THE LUBAVITCHER REBBE'S

                    ANNIVERSARY OF HIS BIRTH WHICH THIS YEAR IS 119 YEARS.  REBBE

                    MENACHEM MENDEL SCHNEERSON, WHO IS RESPONSIBLE FOR THE

                    CHABAD-LUBAVITCH MOVEMENT EXPANDING THROUGHOUT THE WORLD.  THEY

                    NOW HAVE OVER 5,000 CENTERS IN OVER 120 COUNTRIES AND OVER -- OVER

                    5,000 CITIES ACROSS THE WORLD AND THEY REALLY -- WE -- WE'RE GOING TO BE

                    VOTING ON A RESOLUTION AT THE END OF SESSION TODAY TO COMMEMORATE THE

                    REBBE'S 119TH YEAR AND IN -- IN TURN, DECLARING THAT THE -- THE STATE OF

                    NEW YORK SHOULD DEDICATE 119 YEARS OF EDUCATION IN HONOR OF THE

                    ANNIVERSARY OF THE REBBE'S BIRTH.

                                          4



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                                 SO IT'S A GREAT PLEASURE FOR ME TO INTRODUCE AND

                    WELCOME RABBI BUTMAN TO THE CHAMBER TODAY.

                                 ACTING SPEAKER AUBRY:  THANK YOU.  ON

                    BEHALF OF MR. WEPRIN, THE SPEAKER AND ALL THE MEMBERS, RABBI, WE

                    WELCOME YOU HERE TODAY.  THANK YOU FOR YOUR PRAYER.  APPRECIATE THAT

                    YOU HAD THE FORTITUDE TO WITHSTAND THE ELECTRONIC DIFFICULTIES WE HAD.

                    PLEASE KNOW THAT YOU ARE WELCOME HERE, YOU HAVE THE PRIVILEGES OF THE

                    FLOOR AND ARE ALWAYS HAPPY TO SEE YOU.  THANK YOU SO VERY MUCH.

                                 (APPLAUSE)

                                 RESOLUTIONS ON PAGE 3.  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 118, MS.

                    LUPARDO.

                                 LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

                    ANDREW M. CUOMO TO PROCLAIM MARCH 21-27, 2021 AS AGRICULTURE

                    WEEK IN THE STATE OF NEW YORK.

                                 MS. LUPARDO ON THE RESOLUTION.

                                 MS. LUPARDO:  ON THE RESOLUTION.  THANK YOU, MR.

                    SPEAKER.  I'D JUST LIKE TO SPEAK FOR A MOMENT OR TWO.  WE NEVER WANT TO

                    MISS AN OPPORTUNITY TO BRING ATTENTION TO THE ROLE AGRICULTURE PLAYS NOT

                    ONLY IN OUR OWN LIVES BUT IN THE ECONOMIC VITALITY OF THE STATE.  YOU

                    KNOW, I THINK EVERYONE SHARES A COMMITMENT TO FIND WAYS NOT ONLY TO

                    CELEBRATE AGRICULTURE IN RESOLUTIONS LIKE THIS, BUT ALSO TO SUPPORT AND

                    PROMOTE THE LONG-TERM SUCCESS OF OUR FARMS.

                                 JUST A FEW FACTS FOR PEOPLE TO KEEP IN MIND.  THIS IS A

                    $6 BILLION HUGE ECONOMIC DRIVER FOR NEW YORK STATE WHERE NEW YORK

                                          5



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                    IS HOME TO 33,000 FAMILY FARMS AND WE'D LIKE TO SEE THAT NUMBER GROW

                    INSTEAD OF RECEDE AS IT HAS BEEN IN MANY YEARS.  WE HAVE SEVEN MILLION

                    ACRES IN FARMLAND PRODUCTION.  AND WE ALSO RANK IN THE TOP TEN OF

                    NEARLY 30 COMMODITIES.  AND JUST A FEW FACTS I THINK THE MEMBERS

                    MIGHT ENJOY.  WE'RE THE FIRST IN THE COUNTRY IN THE PRODUCTION OF YOGURT,

                    SOUR CREAM, COTTAGE CHEESE.  WE'RE THE SECOND-LARGEST PRODUCER OF

                    APPLES, CABBAGE, SNAP PEAS AND EVERYONE'S FAVORITE, MAPLE SYRUP.  AND

                    FINALLY, WE'RE THE -- WE'RE THE -- WE'RE THE RANKING THIRD IN GRAPES AND IN

                    DAIRY IN THE UNITED STATES.

                                 THANK YOU VERY MUCH, MY COLLEAGUES, MR. SPEAKER,

                    FOR LETTING ME SAY A FEW WORDS ON BEHALF OF AGRICULTURAL WEEK IN NEW

                    YORK STATE, WHICH IS PART OF A LARGER NATIONAL AGRICULTURAL WEEK EFFORT.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MR. TAGUE.

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

                    RESOLUTION, PLEASE.

                                 ACTING SPEAKER AUBRY:  ON THE RESOLUTION,

                    SIR.

                                 MR. TAGUE:  I JUST WANT TO COMMEND THE SPONSOR,

                    CHAIRWOMAN LUPARDO.  AS A FORMER DAIRY FARMER AND ALSO THE RANKER

                    IN OUR CONFERENCE FOR AGRICULTURE, I'M JUST HAPPY TO SUPPORT THIS.  AND

                    REMEMBER, NO FARMS NO FOOD.  NO FARMS.  NO FOOD.

                                 THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU, MR.

                    TAGUE.

                                          6



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                                 ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

                    AYE; OPPOSED, NO.  THE RESOLUTION IS ADOPTED.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 119, MS.

                    WALSH.

                                 LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

                    ANDREW M. CUOMO TO PROCLAIM MARCH 21, 2021 AS DOWN SYNDROME

                    AWARENESS DAY IN THE STATE OF NEW YORK, IN CONJUNCTION WITH THE

                    OBSERVANCE OF WORLD DOWN SYNDROME DAY.

                                 ACTING SPEAKER AUBRY:  MS. WALSH ON THE

                    RESOLUTION.

                                 MS. WALSH:  THANK YOU, MR. SPEAKER.  SO, TODAY

                    WE'LL BE PASSING A RESOLUTION MEMORIALIZING GOVERNOR ANDREW CUOMO

                    TO PROCLAIM MARCH 21, 2021 AS DOWN SYNDROME AWARENESS DAY IN

                    THE STATE OF NEW YORK IN CONJUNCTION WITH THE OBSERVANCE OF WORLD

                    DOWN SYNDROME DAY.  THAT WAS YESTERDAY, BY THE WAY, FOR THOSE WHO

                    ARE KEEPING TRACK, RIGHT.  SO, WORLD DOWN SYNDROME AWARENESS DAY

                    IS A GLOBAL AWARENESS DAY WHICH HAS BEEN OFFICIALLY OBSERVED BY THE

                    UNITED NATIONS SINCE 2012.  THE DATE FOR WORLD DOWN SYNDROME DAY

                    HAS SIGNIFICANCE, BEING THE 21ST DAY OF THE THIRD MONTH WHICH WAS

                    SELECTED TO SIGNIFY THE UNIQUENESS OF THE TRIPLICATION, OR TRISOMY, OF THE

                    21ST CHROMOSOME WHICH CAUSES DOWN SYNDROME.  DOWN SYNDROME IS

                    A NATURALLY-OCCURRING CHROMOSOMAL ARRANGEMENT THAT HAS ALWAYS BEEN

                    PART OF THE HUMAN CONDITION, BEING UNIVERSALLY PRESENT ACROSS RACIAL,

                    GENDER OR SOCIOECONOMIC LINES IN APPROXIMATELY 1 IN 800 LIVE BIRTHS.

                    DOWN SYNDROME USUALLY CAUSES VARYING DEGREES OF INTELLECTUAL AND

                                          7



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                    PHYSICAL DISABILITY AND ASSOCIATED MEDICAL ISSUES.  EACH YEAR THE VOICE

                    OF THE PEOPLE WITH DOWN SYNDROME AND THOSE WHO LIVE AND WORK WITH

                    THEM CONTINUES TO GROW.

                                 I WANTED TO SPECIFICALLY MENTION CHRISTINA ARANGIO,

                    WHO MANY OF YOU KNOW IS A -- A LOCAL REPORTER.  HER SON LUKE HAS

                    DOWN SYNDROME AND IS COMPLETING ELEMENTARY SCHOOL THIS YEAR.  I

                    HAVE HAD THE OPPORTUNITY TO MEET LUKE.  I THOUGHT IT WAS REALLY

                    BEAUTIFUL THAT WHEN CHRISTINA WAS WRITING YESTERDAY ON DOWN

                    SYNDROME AWARENESS, SHE TALKED ABOUT HAVING LUKE AS BEING A

                    PERSPECTIVE CHANGER.  AND THAT WAS SOMETHING AS THE PARENT OF A SON

                    WITH AUTISM, I CAN CERTAINLY RELATE TO.  IT -- IT CERTAINLY DOES CHANGE

                    YOUR PERSPECTIVE WHEN YOU HAVE SOMEBODY WITH UNIQUE CHALLENGES,

                    AND YOU HAVE AN OPPORTUNITY AND A REAL PRIVILEGE TO SEE THE -- THE

                    GROWTH AND THE DETERMINATION OF INDIVIDUALS WHO MEET THOSE

                    CHALLENGES WITH HARD WORK AND WITH PERSEVERANCE.  AND, YOU KNOW,

                    CERTAINLY OUR HEARTS JUST ACHE FOR FAMILIES THAT HAVE TO TAKE A DIFFERENT

                    PATH, AND YET THERE'S A REAL BEAUTY AND A DIGNITY TO ALSO SEEING THESE --

                    THESE KIDS GROW INTO ADULTHOOD.  YOU KNOW, WHEN I WAS A KID I

                    REMEMBER THERE WAS A FAMILY, THE MACFARLAND FAMILY, UP THE STREET

                    FROM ME, AND THEIR -- THEIR SON JODIE HAD DOWN SYNDROME.  AND IT WAS

                    -- WE FELT REALLY BAD BECAUSE IT WASN'T EXPECTED THAT JODIE WOULD MAKE

                    IT INTO ADULTHOOD BECAUSE OF THE MEDICAL CHALLENGES THAT DOWN

                    SYNDROME PRESENTED.  BUT NOW WITH MEDICAL ADVANCES, PARTICULARLY

                    TREATING HEART CONDITIONS THAT ARE ASSOCIATED WITH DOWN'S, THERE ARE

                    MANY INDIVIDUALS THAT ARE LIVING VERY -- YOU KNOW, QUITE, QUITE A BIT

                                          8



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                    LONGER THAN THEY -- THAN THEY USED TO.  AND I THINK OUR FORMER

                    ASSEMBLY COLLEAGUE MARC MOLINARO STARTED AN INITIATIVE IN DUTCHESS

                    COUNTY CALLED "THINK DIFFERENTLY."  AND I THINK THAT IT IS IMPORTANT

                    THAT WHEN WE THINK DIFFERENTLY, WE RECOGNIZE THAT INDIVIDUALS WITH

                    INTELLECTUAL, DEVELOPMENTAL DISABILITIES ARE A PART OF OUR COMMUNITY,

                    THAT THEY'RE A PART OF THE FABRIC OF OUR COMMUNITY.  AND HELPING THEM

                    TO RECEIVE THE BEST MEDICAL TREATMENT, EDUCATION, HOUSING AND JOB

                    OPPORTUNITIES IS POSSIBLE, REALLY ENHANCES -- ENHANCES ALL OF OUR LIVES

                    AND -- AND THE COMMUNITY THAT WE LIVE IN.

                                 SO, HAPPY - YESTERDAY - DOWN SYNDROME AWARENESS

                    DAY FOR THE STATE OF NEW YORK.  LET'S ALL LIVE THE BEST LIFE THAT WE CAN

                    AND REALLY COMMEND ALL THESE FAMILIES AND THINK A LITTLE BIT ABOUT THE

                    BLESSINGS THAT WE ALL HAVE.  THANKS.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MS. MILLER ON THE RESOLUTION.

                                 MS. MILLER:  THANK YOU, MR. SPEAKER.  I, OF

                    COURSE, WANT TO COMMENT ON THIS RESOLUTION.  YOU KNOW, HAVING TWO

                    CHILDREN WHO HAVE SPECIAL NEEDS, SPECIAL HEALTH CARE NEEDS, AND NOT

                    DOWN SYNDROME, I -- I COMPLETELY IDENTIFY WITH HOW YEARS AGO IF YOU

                    LEARNED YOU WERE CARRYING A CHILD WITH -- WITH DOWN SYNDROME IT WAS

                    SOMETHING TO BE FEARED, AND FAMILIES DO A LOT OF MOURNING WHEN YOU

                    HAVE THAT INFORMATION IN ADVANCE.  YOU KNOW, YOU -- YOU'RE -- YOU'RE

                    GOING TO HAVE A BABY, A CHILD WITH DOWN SYNDROME.  AND -- AND AS

                    WITH I THINK MANY SPECIAL CHILDREN, IT'S NOT UNTIL YOU ARE LIVING THE LIFE

                    WITH THESE CHILDREN WITH, YOU KNOW, ALL CHILDREN WITH SPECIAL NEEDS BUT

                                          9



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                    CERTAINLY WITH DOWN SYNDROME, IF YOU'VE EVER MET ANY CHILD WITH

                    DOWN SYNDROME YOU ARE -- THERE IS -- THERE IS NO ROOM FOR PITY, THERE

                    IS NO ROOM FOR MOURNING.  THESE CHILDREN ARE SO SPECIAL, THEY ARE SO

                    WARM AND AFFECTIONATE AND CREATIVE AND RESOURCEFUL.  THEY'RE

                    DETERMINED.  AND WHILE THERE ARE VARYING DEGREES, YOU KNOW, OF -- OF

                    THEIR, YOU KNOW DIFFERENT -- SOME HAVE MORE MEDICAL ISSUES THAN

                    OTHERS, BUT THEY ALL, ALL TRY SO HARD AND MANY OF THEM SUCCEED IN HUGE

                    WAYS.  WE'VE SEEN -- WE'VE SEEN ADULT ACTORS WHO HAVE -- HAVE DOWN

                    SYNDROME.  AND SO I THINK IT'S -- IT'S SOMETHING THAT, YOU KNOW, UNLESS

                    YOU REALLY MET SOMEBODY, IT -- THEY BRIGHTEN THE WORLD.  THEY REALLY

                    ARE.  I HAVE TO GIVE A SPECIAL SHOUT-OUT TO OLIVER'S GREAT, GREAT FRIENDS

                    SAMMY AND MOLLY AND DAQUAN, WHO HAVE BEEN FRIENDS OF HIS

                    THROUGHOUT HIS LIFE AND THEY'RE JUST -- OUR LIVES ARE BETTER BECAUSE OF IT.

                                 SO, THANK YOU FOR THIS RESOLUTION BRINGING AWARENESS

                    TO DOWN SYNDROME.

                                 ACTING SPEAKER AUBRY:  THANK YOU SO MUCH.

                                 MR. SALKA ON THE RESOLUTION.

                                 MR. SALKA:  THANK YOU, MR. SPEAKER.  AND I WANT

                    TO TAKE THIS OPPORTUNITY TO THANK THE SPONSOR OF THIS RESOLUTION.  I HAVE

                    A LITTLE BRAGGING TO DO.  IN MY DISTRICT IS AN ORGANIZATION CALLED

                    PATHFINDER VILLAGE.  AND IT'S A WONDERFUL SETTING IN RURAL OTSEGO

                    COUNTY.  AND THIS ORGANIZATION HAS BEEN AROUND FOR YEARS AND HAS AN

                    OPPORTUNITY TO GIVE THOSE YOUNG PEOPLE AND SOME OLDER PEOPLE WITH

                    DOWN SYNDROME A CHANCE TO FLOURISH, A CHANCE TO BECOME

                    INDEPENDENT, A CHANCE TO BE SAFE AND TO LEARN HOW SOCIETY CAN WORK

                                         10



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                    WITH THEM TO MAKE SURE THAT THEY CAN REALIZE THE POTENTIAL THAT THEY

                    HAVE.  AND AS MY COLLEAGUE ASSEMBLYWOMAN MILLER SAID, THESE ARE

                    WONDERFUL INDIVIDUALS.  AND WHEN I GO TO VISIT THEM THEY HAVE A

                    RESTAURANT THERE, THEY GROW FOOD AND A LOT OF ORGANIC FOODS THAT PEOPLE

                    FROM ALL OVER THE AREA COME TO ENJOY.  SO, AGAIN, I -- I WANT TO JUST

                    MAKE MENTION OF -- OF PATHFINDER VILLAGE AND THE WONDERFUL THINGS

                    THAT THEY'RE DOING WITH THESE WONDERFUL PEOPLE.  THEY'VE BEEN BORN

                    WITH DOWN SYNDROME, BUT THAT DOESN'T MEAN THAT THESE YOUNG MEN AND

                    WOMEN AREN'T ABLE TO EXPLORE EVERY POSSIBILITY THAT LIFE GIVES THEM, AND

                    PATHFINDER VILLAGE HELPS THEM SO MUCH ALONG THAT WAY.

                                 AND AGAIN, I WANT TO THANK THE SPONSOR FOR THIS.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. BROWN.

                                 MR. BROWN:  THANK YOU, MR. SPEAKER.  AND I -- ON

                    THE RESOLUTION.

                                 ACTING SPEAKER AUBRY:  ON THE RESOLUTION,

                    SIR.

                                 MR. BROWN:  I WOULD LIKE TO THANK THE SPONSOR OF

                    THIS RESOLUTION PROCLAIMING MARCH 21, 2021 AS DOWN SYNDROME

                    AWARENESS DAY.  AND I WANT TO GIVE A SPECIAL SHOUT-OUT TO MY WIFE'S

                    COUSIN, TONY COLON, WHO HOLDS A VERY SPECIAL PLACE IN FAMILY'S HEART.

                    AND I JUST WANT TO SAY TO TONY, YOU'RE THE BEST.

                                 THANK YOU VERY MUCH, SIR.

                                 ACTING SPEAKER AUBRY:  THANK YOU, MR.

                    BROWN.

                                         11



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                                 MS. GRIFFIN.

                                 MS. GRIFFIN:  HI.  I JUST WANTED TO -- TO THANK THE

                    SPEAKER FOR -- FOR RECOGNIZING DOWN -- WORLD DOWN SYNDROME DAY.

                    I'M SO GRATEFUL TO HAVE THE OPPORTUNITY TO RECOGNIZE MANY OF THE

                    PEOPLE WITH DOWN SYNDROME RIGHT IN MY DISTRICT.  AND THEY HAVE

                    WARMED THE HEARTS OF MANY IN OUR -- OUR SCHOOL DISTRICT.  THEY HAVE

                    BEEN FRIENDS TO MY KIDS.  THEY ARE JUST -- YOU KNOW, THEY REALLY ADD TO

                    THE FABRIC OF OUR COMMUNITY AND OF OUR SCHOOL DISTRICT.  AND I'M SO

                    HAPPY THAT, YOU KNOW, WE HAVE THEM IN OUR COMMUNITY.  AND I WANT

                    TO GIVE A SPECIAL SHOUT-OUT TO DANNY, TO CONNOR AND TO JANE, AND ALSO

                    TO A COUSIN OF MINE, EDWARD, WHO IS NOW DECEASED BUT HAD DOWN

                    SYNDROME.  THESE CHILDREN AS THEY GROW UP TO BE YOUNG ADULTS AND ON

                    ARE SO IMPORTANT TO ALL OF US.  AND I JUST -- I'M HAPPY AND PROUD TO

                    RECOGNIZE WORLD -- WORLD DOWN SYNDROME DAY AND THANK THE

                    SPEAKER -- THANK THE SPONSOR OF THIS RESOLUTION.

                                 THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU VERY

                    MUCH.

                                 ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

                    AYE; OPPOSED, NO.  THE RESOLUTION IS ADOPTED.

                                 PAGE 3 ON THE A-CALENDAR, RULES REPORT NO. 42.  THE

                    CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A06336-A, RULES

                    REPORT NO. 42, SILLITTI.  AN ACT TO PERMIT THE GREAT NECK UNION FREE

                    SCHOOL DISTRICT TO MOVE THE DATE OF THEIR ANNUAL AND ELECTION FOR THE

                                         12



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                    2021 YEAR SO THAT IT DOES NOT CONFLICT WITH RELIGIOUS OBSERVANCES; AND

                    PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION THEREOF

                    MEETING.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MS.

                    SILLITTI, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE ON SENATE PRINT 05669-A.  THIS IS A FAST ROLL CALL.  ANY

                    MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO

                    CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

                    PROVIDED.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MS. SILLITTI TO EXPLAIN HER.

                                 MS. SILLITTI:  THANK YOU SO MUCH, MR. SPEAKER.

                    SO, THIS YEAR SCHOOL DISTRICTS THROUGHOUT NEW YORK WITH A SIGNIFICANT

                    JEWISH POPULATION MADE A REQUEST TO MOVE THEIR ELECTION SO AS NOT TO

                    CONFLICT WITH SHAVUOT.  UNFORTUNATELY, THE GREAT NECK SCHOOL DISTRICT

                    DID NOT REQUEST A DATE CHANGE.  THE SCHOOL DISTRICT, ALONG WITH MANY,

                    MANY MEMBERS OF THE COMMUNITY, REACHED OUT TO MY OFFICE OVER THE

                    LAST FEW WEEKS TO WORK TO RECTIFY THIS OVERSIGHT.  AND I JUST WANT TO

                    MAKE MENTION OF ASSEMBLYMAN -- ASSEMBLYMEMBER BENEDETTO WHO

                    TOOK MANY PHONE CALLS, ANXIOUS PHONE CALLS OF MINE.  SO I REALLY

                    APPRECIATE THAT.  FOR THOSE WHO DON'T KNOW, SHAVOUS, OR SHAVUOT, IS AN

                                         13



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                    IMPORTANT HOLIDAY TO THE JEWISH PEOPLE.  IT COMMEMORATES THE GIVING

                    OF THE TORAH BY GOD ON MOUNT SINAI.  THIS HOLIDAY IS OBSERVED IN

                    MULTIPLE CUSTOMS, MOST IMPORTANTLY WHICH INCLUDES ABSTAINING FROM

                    CERTAIN ACTIVITIES, AND ALSO ATTENDING RELIGIOUS SERVICES.  NOT MOVING

                    THE DATE OF THIS ELECTION WOULD MAKE IT NEARLY IMPOSSIBLE FOR AN

                    OBSERVANT INDIVIDUAL TO VOTE IN PERSON FOR THIS ELECTION.

                                 IN ORDER TO PREVENT THE DISENFRANCHISEMENT OF

                    OBSERVANT JEWS IN THE GREAT NECK COMMUNITY, I'M PROUD TO SPONSOR

                    THIS LEGISLATION AND I VOTE IN THE AFFIRMATIVE.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. LAWLER.

                                 MR. LAWLER:  THANK YOU, MR. SPEAKER.  AND I

                    WANT TO THANK THE SPONSOR OF THIS BILL.  EVEN THOUGH IT IS A BILL SPECIFIC

                    TO HER DISTRICT, I, TOO, HAVE A SCHOOL DISTRICT WITHIN MY ASSEMBLY

                    DISTRICT THAT IS GOING THROUGH THE SAME PROCESS RIGHT NOW AND -- AND

                    SED HAS BEEN WORKING WITH THAT DISTRICT, AS I KNOW THEY DID WITH

                    GREAT NECK TO TRY AND ADDRESS THIS ISSUE.  AND SO, YOU KNOW, I -- I

                    THINK GETTING THIS BILL PASSED IS IMPORTANT, AS -- AS THE SPONSOR PUT

                    FORWARD, TO TRY AND ADDRESS SOME OF THE CONCERNS WITH RESIDENTS WITHIN

                    HER DISTRICT AND I WILL BE SEEKING IN SHORT ORDER TO DO SIMILAR LEGISLATION

                    FOR -- FOR MY DISTRICT WHICH IS GOING THROUGH THE SAME CHALLENGE.

                                 SO, I WILL VOTE IN THE AFFIRMATIVE AND I APPRECIATE THE

                    SPONSOR FOR PUTTING THIS BILL FORWARD.

                                 ACTING SPEAKER AUBRY:  MR. LAWLER IN THE

                    AFFIRMATIVE.

                                 FIRST VOTE OF THE DAY, MEMBERS.

                                         14



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A00172, CALENDAR NO.

                    176, PAULIN, L. ROSENTHAL, COLTON.  AN ACT TO AMEND THE CIVIL PRACTICE

                    LAW AND RULES, IN RELATION TO LIMITED LIABILITY OF PERSONS JOINTLY LIABLE.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A00603, CALENDAR NO.

                    177, D. ROSENTHAL, STIRPE, STECK, SEAWRIGHT, L. ROSENTHAL, JACOBSON.

                    AN ACT TO REPEAL A PROVISION OF THE INSURANCE LAW RELATING TO

                    ANTI-ARSON APPLICATIONS.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE ON A.603.  THIS IS A FAST ROLL CALL.  ANY MEMBER WHO WISHES TO

                    BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE MAJORITY OR

                    MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A00724, CALENDAR NO.

                    178, D. ROSENTHAL.  AN ACT IN RELATION TO REQUIRING CERTAIN PROVISIONS TO

                    BE INCLUDED IN ANY PROCUREMENT OR AGREEMENT PRIOR TO DISPOSING OF ANY

                    ASSET OWNED, LEASED OR OTHERWISE CONTROLLED ON OR IN THE IMMEDIATE

                                         15



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                    VICINITY OF THE LEFFERTS BOULEVARD BRIDGE.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

                    ROSENTHAL, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE ON SENATE PRINT 3266.  THIS IS A FAST ROLL CALL.  ANY MEMBER

                    WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE

                    MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A01423-A, CALENDAR

                    NO. 179, DINOWITZ, QUART, SEAWRIGHT, WALKER.  AN ACT IN RELATION TO

                    ENACTING THE PANDEMIC SELF-STORAGE ACT; AND PROVIDING FOR THE REPEAL

                    OF SUCH PROVISIONS UPON EXPIRATION THEREOF.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A03427, CALENDAR NO.

                    180, L. ROSENTHAL.  AN ACT TO AMEND THE PUBLIC SERVICE LAW, IN

                    RELATION TO PROHIBITING TELEPHONE, CABLE AND UTILITY COMPANIES FROM

                    CHARGING A FEE TO CUSTOMERS WHO REQUEST COPIES OF PREVIOUS BILLING

                    STATEMENTS OR STATEMENTS VERIFYING THAT THEY ARE A CUSTOMER.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                         16



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE ON A.3427.  THIS IS A FAST ROLL CALL.  ANY MEMBER WHO WISHES

                    TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE MAJORITY OR

                    MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A04302, CALENDAR NO.

                    181, ENGLEBRIGHT, GONZÁLEZ-ROJAS, KELLES, GRIFFIN.  AN ACT TO AMEND

                    THE ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO PROVIDING THAT 100

                    PERCENT OF IN-STATE SALES OF NEW PASSENGER CARS AND TRUCKS SHALL BE

                    ZERO-EMISSIONS BY 2035.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A04596, CALENDAR NO.

                    182, ENGLEBRIGHT, COLTON, COOK, L. ROSENTHAL, CARROLL, ABINANTI, OTIS,

                    GLICK, BARRETT, GRIFFIN.  AN ACT TO AMEND THE ENVIRONMENTAL

                    CONSERVATION LAW, IN RELATION TO COMPILATION OF DATA OF PESTICIDES.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A05379, CALENDAR NO.

                    183, HUNTER, JACOBSON.  AN ACT TO AMEND THE INSURANCE LAW, IN

                    RELATION TO PROVIDING FOR A POLICY TERM OF LESS THAN ONE YEAR IN CERTAIN

                    SITUATIONS.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                         17



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT ON THE 30TH

                    DAY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE ON A.5379.  THIS IS A FAST ROLL CALL.  ANY MEMBER WHO WISHES

                    TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE MAJORITY OR

                    MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A05495, CALENDAR NO.

                    184, GLICK, FAHY, STIRPE, GRIFFIN, COLTON.  AN ACT TO AMEND THE

                    EDUCATION LAW, IN RELATION TO MANDATORY REPORTING OF CERTAIN

                    CONVICTIONS, PROFESSIONAL MISCONDUCT AND/OR EMPLOYMENT TERMINATION;

                    AND TO AMEND THE CRIMINAL PROCEDURE LAW, IN RELATION TO NOTICE TO THE

                    EDUCATION DEPARTMENT.

                                 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 A.5495.  THIS IS A FAST ROLL CALL.  ANY MEMBER WHO WISHES

                    TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE MAJORITY OR

                    MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                         18



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A05541-A, CALENDAR

                    NO. 185, ENGLEBRIGHT, STECK, O'DONNELL, GRIFFIN.  AN ACT DIRECTING THE

                    DEPARTMENTS OF ENVIRONMENTAL CONSERVATION AND HEALTH TO ESTABLISH

                    ENVIRONMENTAL STANDARDS FOR AMBIENT LEAD AND LEAD CONTAMINATION IN

                    SOILS; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION

                    THEREOF.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A05972, CALENDAR NO.

                    186, BRONSON, BUTTENSCHON, ABINANTI.  AN ACT TO AMEND THE ALCOHOLIC

                    BEVERAGE CONTROL LAW, IN RELATION TO PROVIDING FOR ALTERNATIVE

                    PENALTIES FOR A FIRST-TIME VIOLATION OF CERTAIN PROVISIONS OF THE

                    ALCOHOLIC BEVERAGE CONTROL LAW; AND TO REPEAL CERTAIN PROVISIONS OF

                    SUCH LAW RELATED THERETO.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IN 45 DAYS.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE ON A.5972.  THIS IS A FAST ROLL CALL.  ANY MEMBER WHO WISHES

                    TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE MAJORITY OR

                    MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                         19



                    NYS ASSEMBLY                                                   MARCH 22, 2021


                                 THE CLERK:  ASSEMBLY NO. A06040, CALENDAR NO.

                    187, BURGOS, OTIS.  AN ACT TO AMEND THE GENERAL BUSINESS LAW, IN

                    RELATION TO INCLUDING ELECTRONIC MESSAGING TEXTS AS A FORM OF

                    TELEMARKETING COMMUNICATION.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT ON THE 30TH

                    DAY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE ON ASSEMBLY PRINT 6040.  THIS IS A FAST ROLL CALL.  ANY MEMBER

                    WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE

                    MAJORITY OR THE MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A06077, CALENDAR NO.

                    188, RAJKUMAR, GRIFFIN.  AN ACT TO AMEND THE WORKERS' COMPENSATION

                    LAW, IN RELATION TO COVERED EMPLOYMENT AS A DOMESTIC WORKER FOR

                    TEMPORARY DISABILITY BENEFITS.

                                 ACTING SPEAKER AUBRY:  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A06080, CALENDAR NO.

                    189, LUNSFORD, COLTON.  AN ACT TO AMEND THE LABOR LAW, IN RELATION TO

                    COMPELLING FAMILY REASONS AND THE CONTINUANCE OF UNEMPLOYMENT

                    BENEFITS.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MS.

                                         20



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                    LUNSFORD, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.  THE BILL IS LAID ASIDE.

                                 MS. HYNDMAN.

                                 MS. HYNDMAN:  WE ARE NOW TAKING UP THE

                    FOLLOWING BILLS ON DEBATE:  CALENDAR NO. 57, CALENDAR NO. 123 AND

                    CALENDAR NO. 128.

                                 ACTING SPEAKER AUBRY:  PAGE 9, CALENDAR NO.

                    57, THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A02354, CALENDAR NO.

                    57, DINOWITZ, VANEL, ABINANTI.  AN ACT TO AMEND THE CRIMINAL

                    PROCEDURE LAW, THE CIVIL PRACTICE LAW AND RULES AND THE EXECUTIVE

                    LAW, IN RELATION TO THE POSSESSION OF OPIOID ANTAGONISTS.

                                 ACTING SPEAKER AUBRY:  AN EXPLANATION IS

                    REQUESTED, MR. DINOWITZ.

                                 MR. DINOWITZ:  OKAY.  WHAT THIS BILL DOES IS TO

                    PROMOTE THE USE OF OPIOID ANTAGONISTS TO COMBAT AND PREVENT DRUG-

                    RELATED OVERDOSES.

                                 ACTING SPEAKER AUBRY:  MS. GIGLIO.

                                 MS. GIGLIO:  MR. SPEAKER, WILL THE SPONSOR PLEASE

                    YIELD FOR A FEW QUESTIONS?

                                 ACTING SPEAKER AUBRY:  MR. DINOWITZ, WILL

                    YOU YIELD?

                                 MR. DINOWITZ:  I WILL.

                                 MS. GIGLIO:  THANK YOU --

                                 ACTING SPEAKER AUBRY:  MR. DINOWITZ YIELDS.

                                         21



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                                 MS. GIGLIO:  THANK YOU, MS. DINOWITZ.  THIS BILL

                    WOULD PREVENT ANY EVIDENCE THAT A PERSON WAS IN POSSESSION OF AN

                    OPOID ANTAGONIST SUCH AS NARCAN FROM BEING ADMITTED INTO EVIDENCE.

                    AFTER SPEAKING TO A REPRESENTATIVE FROM MY LOCAL DISTRICT ATTORNEY'S

                    OFFICE, UNDER THIS BILL, IF THERE IS A PHOTO TAKEN AT A CRIME SCENE,

                    HOMICIDE, OR OVERDOSE DEATH AND NARCAN IS IN THE PHOTO, WOULDN'T THIS

                    PREVENT THE CRIME SCENE PHOTO FROM BEING ENTERED INTO EVIDENCE?

                                 MR. DINOWITZ:  NO.

                                 MS. GIGLIO:  OKAY.  THANK YOU.  IF AN OFFICER

                    ARRIVES TO THE SCENE OF AN UNRESPONSIVE PERSON WITH A NEEDLE IN THEIR

                    ARM THAT APPEARS TO BE OVERDOSED AND THE OFFICER ADMINISTERS NARCAN

                    AND THE PERSON AWAKENS COMBATIVE, WHICH THEY OFTEN DO AFTER NARCAN

                    IS ADMINISTERED, AND THE OFFICER IS INJURED WHEN THEY AWAKEN BECAUSE

                    THEY'RE COMBATIVE, UNDER THIS BILL HOW WOULD THE POLICE OFFICER

                    DOCUMENT THAT THE PERSON WAS INJURED AFTER NARCAN WAS ADMINISTERED IF

                    THAT FACT CAN'T BE INCLUDED INTO EVIDENCE?

                                 MR. DINOWITZ:  WHETHER OR NOT AN OFFICER IS

                    INJURED CANNOT NECESSARILY BE EXCLUDED FROM EVIDENCE.  THE WHOLE

                    POINT OF THIS LEGISLATION IS TO MAKE SURE THAT EVERYBODY CAN GET THE

                    LIFESAVING NALOXONE, AND I THINK ULTIMATELY, OUR PRIMARY OBJECTIVE

                    SHOULD BE TO SAVE PEOPLE'S LIVES.  THAT'S WHAT NALOXONE DOES.  IT'S BEEN

                    VERY SUCCESSFUL.  I'VE HAD A FEW BILLS GOING -- ONE OF THEM GOING BACK A

                    NUMBER OF YEARS, AND THE WHOLE POINT IS TO MAKE NALOXONE MORE

                    READILY AVAILABLE BECAUSE WE WANT TO SAVE LIVES.  AND I -- I WOULD BET

                    -- AND I CAN'T GIVE YOU, YOU KNOW, SPECIFICS TO BACK IT UP, BUT I WOULD

                                         22



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                    BET THAT THOUSANDS AND THOUSANDS OF THE LIVES OF NEW YORKERS HAVE

                    BEEN SAVED BECAUSE OF THE USE OF NALOXONE.  SO WE CERTAINLY DON'T

                    WANT TO CREATE A SITUATION WHERE -- WHERE ITS USE IS DISCOURAGED.  AND

                    WHAT THIS BILL DOES IS IT -- IT TAKES AWAY THAT -- THAT DISINDUCEMENT TO

                    USING NALOXONE.

                                 MS. GIGLIO:  OKAY.  SO BACK TO THE QUESTION.  IF AN

                    OFFICER WAS INJURED AFTER ADMINISTERING NARCAN AND HE HAD TO SAVE IT

                    FOR A JUDGE OR A JURY THAT HE WAS ASSAULTED, PER SE, AS PER 120.05 OF THE

                    PENAL LAW, WOULD HE BE ABLE TO SAY THAT AND COULD IT BE INCLUDED INTO

                    EVIDENCE?

                                 MR. DINOWITZ:  I -- I GUESS THAT WOULD BE UP TO A

                    JUDGE.  BUT I -- I THINK THE POINT OF THIS BILL IS THAT THE ISSUE OF WHETHER

                    NALOXONE WAS BEING USED IS NOT REALLY RELEVANT TO WHETHER OR NOT AN

                    OFFICER WAS INJURED.  I MEAN, YOU SAY THAT PEOPLE WHO TAKE NALOXONE

                    REACT IN A VIOLENT WAY IN CERTAIN CASES BUT I DON'T KNOW IF THAT'S THE

                    CASE.  WHAT I DO KNOW IS THAT IN THE ABSENCE OF NALOXONE, MANY

                    PEOPLE WOULD DIE AND I KNOW THAT YOU AND I WOULD BOTH AGREE THAT WE

                    WANT TO SEE PEOPLE LIVE, NOT DIE.

                                 MS. GIGLIO:  OKAY.  SO IF THIS BILL BECOMES LAW,

                    UNDER WHAT CIRCUMSTANCES WOULD IT BE APPROPRIATE FOR NARCAN

                    POSSESSION TO BE ENTERED AS EVIDENCE FOR A TRIAL HEARING OR OTHER

                    PROCEEDING?

                                 MR. DINOWITZ:  I -- I THINK THE POINT OF THE

                    LEGISLATION IS THAT WE'RE NOT TO USE THE POSSESSION OF NARCAN AS PROOF

                    THAT SOME ILLEGAL ACTIVITY WAS TAKING PLACE.  BECAUSE IF THAT'S THE CASE

                                         23



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                    THEN IT WOULD DISCOURAGE THE USE OF NALOXONE AND, THEREFORE, THERE

                    WOULD BE MORE DEATHS.

                                 MS. GIGLIO:  SO IN THE LEGISLATION WHERE IT SAYS THAT

                    FOR ANY OFFENSE UNDER THIS SECTION 220.03, 220.06, 220.09, 220.16,

                    220.18, 220.21 OF THE PENAL LAW THAT YOU COULD NOT ENTER THAT INTO

                    EVIDENCE.  BUT ISN'T THAT ALL MEASURING HOW MUCH OF A NARCOTIC THAT A

                    PERSON ACTUALLY HAS ON THEM?  ALL THOSE SECTIONS OF THE PENAL LAW?

                                 MR. DINOWITZ:  MAYBE -- MAYBE IF I'M NOT

                    UNDERSTANDING, BUT YOU'RE -- IT SOUNDS LIKE YOU POSSIBLY MAY BE

                    MISSING THE POINT.  THE POINT IS THAT SOMEBODY SHOULD NOT BE ARRESTED

                    -- I MEAN, IT'S WRITTEN RIGHT HERE.  THEY CAN'T BE ARRESTED IF THEY'RE IN

                    POSSESSION OF AN OPIOID ANTAGONIST.  IT CAN'T -- LET ME BACKTRACK.  I

                    SHOULD SAY IT CAN'T BE ADMITTED INTO TRIAL AND IT CAN'T BE USED FOR THE

                    PURPOSE OF ESTABLISHING PROBABLE CAUSE FOR THE ARREST OR FOR PROVING

                    ANY PERSON'S COMMISSION OF SUCH OFFENSE.  SO IT GETS BACK TO WHAT I'VE

                    ALREADY SAID.  IF WE TAKE -- WE DON'T WANT TO CREATE A SITUATION WHERE

                    PEOPLE ARE NOT GOING TO WANT TO USE OR POSSESS NALOXONE BECAUSE WE

                    KNOW IT IS A LIFESAVING -- IT'S A LIFESAVING DRUG THAT -- THAT HAS BEEN

                    FANTASTICALLY SUCCESSFUL.

                                 MS. GIGLIO:  OKAY.

                                 MR. DINOWITZ:  SO I -- I BELIEVE THAT WE ALL WANT

                    TO SAVE LIVES HERE.

                                 MS. GIGLIO:  AGREED.

                                 UNDER THE CURRENT LAW, ISN'T IT TRUE THAT THE DEFENSE

                    AND PROSECUTION CAN ARGUE WHETHER THE POSSESSION OF NARCAN IS

                                         24



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                    RELEVANT AND THAT A JUDGE WOULD ULTIMATELY DECIDE WHETHER OR NOT THE

                    POSSESSION OF NARCAN IS RELEVANT AND WHETHER OR NOT IT CAN BE ENTERED

                    INTO EVIDENCE?

                                 MR. DINOWITZ:  WELL, THAT -- THAT WOULD BE THE

                    PURPOSE OF THE BILL.  IF -- IF THAT'S THE CASE, THIS BILL WOULD CHANGE THAT.

                                 MS. GIGLIO:  RIGHT.  SO IT WOULD TAKE THAT PROCESS

                    OUT OF THE EQUATION WHERE A DEFENSE ATTORNEY AND A PROSECUTOR AND A

                    JUDGE COULD DECIDE WHETHER OR NOT THE ADMINISTER -- OR THE PRESENCE OF

                    NARCAN COULD BE ENTERED INTO EVIDENCE FOR ANY TRIAL, PROCEEDING OR LAW.

                    IS THAT -- OR HEARING, IS THAT CORRECT?

                                 MR. DINOWITZ:  RIGHT.  AND -- AND -- AND THIS BILL,

                    WHICH I -- I BELIEVE IT'S PASSED THE ASSEMBLY AT LEAST SEVEN TIMES, IS

                    ONE OF A SERIES OF BILLS THAT WE HAVE PASSED CONCERNING NALOXONE, AND

                    AS I SAID, THOUSANDS OF LIVES HAVE BEEN SAVED AND WE WANT TO SAVE EVEN

                    MORE LIVES.

                                 MS. GIGLIO:  RIGHT.  IN 2017 AND 2018 THERE WAS NO

                    SENATE COMPANION FOR THIS BILL.  IN 2019 IT DIED ON THE CALENDAR, AND IN

                    2020 IT DIED IN CODES.  CAN YOU PLEASE TELL ME WHY IT DIED ON THE

                    CALENDAR IN 2019 AND WHY IT DIED IN 2020?

                                 MR. DINOWITZ:  IN THE SENATE YOU'RE TALKING

                    ABOUT?

                                 MS. GIGLIO:  NO --

                                 MR. DINOWITZ:  NO, IT PASSED THE ASSEMBLY EVERY

                    YEAR ACCORDING TO MY NOTES FOR THE PAST SEVEN YEARS.

                                 MS. GIGLIO:  SO THEN IT DIED ON THE CALENDAR IN THE

                                         25



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                    SENATE IN 2019 AND IT DIED IN CODES IN 2020.  CAN YOU TELL ME WHY AND

                    IF IT'S BEEN AMENDED?

                                 MR. DINOWITZ:  IN -- IN THE SENATE YOU'RE TALKING

                    ABOUT NOW?

                                 MS. GIGLIO:  YES.

                                 MR. DINOWITZ:  I -- I COULD BARELY EXPLAIN THE

                    ASSEMBLY, SO HOW WOULD I POSSIBLY EXPLAIN THE SENATE EXCEPT WE'RE

                    GOING TO KEEP TRYING TO CONVINCE THE SENATE TO ALSO PASS THIS BILL.  BUT I

                    -- I CERTAINLY COULDN'T GIVE YOU THE REASON WHY THEY CHOSE NOT TO DO IT

                    OR THEY JUST RAN OUT OF TIME, PERHAPS, IN ONE OF THE SESSIONS.  BUT

                    MAYBE THIS YEAR WILL BE THE YEAR THAT THE SENATE DOES --

                                 MS. GIGLIO:  YEAH, BECAUSE I SEE THAT IT'S BEEN --

                    THIS HAS BEEN HAPPENING SINCE I BELIEVE 2014 THIS HAS BEEN TRYING TO

                    GET PASSED THROUGH THE ASSEMBLY AND THE SENATE.

                                 MR. DINOWITZ:  SOMETIMES IT TAKES A LITTLE TIME TO

                    GET GOOD LEGISLATION PASSED, AND THIS IS ONE EXAMPLE OF THAT.

                                 MS. GIGLIO:  OKAY.  THIS BILL ADDS A NEW SECTION

                    4519 (A) THAT WOULD ELIMINATE THE ABILITY TO ENTER NARCAN INTO EVIDENCE

                    WHEN NARCAN IS FOUND IN A BUILDING OR PREMISE THAT IS SUSPECTED TO

                    BEING USED FOR ILLEGAL TRADE, ILLEGAL MANUFACTURING OR OTHER ILLEGAL

                    BUSINESS.  WHAT IS THE REASONING THAT THIS SECTION WAS ADDED?

                                 MR. DINOWITZ:  AGAIN, TO ENCOURAGE THE USE OF --

                    OF NALOXONE TO SAVE LIVES.  THAT'S WHAT -- THAT'S WHAT THIS IS ALL ABOUT.

                    STRAIGHT -- VERY SIMPLY.

                                 MS. GIGLIO:  THANK YOU, MR. DINOWITZ.

                                         26



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                                 MR. DINOWITZ:  YOU'RE VERY WELCOME.

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

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

                                 MS. GIGLIO:  WHERE THE INTENT OF THE BILL IS THAT

                    EVERY PERSON USING OR SELLING DRUGS SHOULD BE COMFORTABLE CARRYING

                    NARCAN AND THAT IT CAN'T BE USED AGAINST THEM, I SAY THAT PEOPLE ARE NOT

                    GETTING ARRESTED OR PROSECUTED FOR CARRYING NARCAN.  NARCAN IS LEGAL.  IN

                    MY OPINION, THIS TAKES THE TOOL OUT OF THE TOOLBOX AND DOES NOT ALLOW

                    FOR DUE PROCESS WHICH MAY HELP STOP DRUG TRAFFICKERS AND GET PEOPLE

                    THE HELP IF THEY NEED IT.  THE CRIMINAL PROCEDURE LAW CURRENTLY

                    PERMITS A DISTRICT ATTORNEY TO ASK THAT NARCAN BE ENTERED INTO EVIDENCE

                    WHEN FOUND AT A CRIME SCENE.  THE DEFENSE ATTORNEY CAN ARGUE WHY IT

                    SHOULDN'T BE, AND THE JUDGE MAKES THE DECISION AS TO RELEVANCE.  THIS

                    BILL REMOVES THAT PROCESS.  ADDITIONALLY, BY NOT ALLOWING NARCAN TO BE

                    ENTERED INTO EVIDENCE UNDER SEVERAL SERIOUS CRIMES INCLUDING CRIMINAL

                    POSSESSION OF A CONTROLLED SUBSTANCE IN THE SECOND DEGREE, SECOND

                    DEGREE WHICH IS AN A-2 FELONY, ONE OF THE MOST SERIOUS CRIMES IN THE

                    PENAL CODE, WHERE IF CONVICTED THEY COULD FACE LIFE IMPRISONMENT.

                    CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN THE FIRST DEGREE,

                    A-1 FELONY DEGREE CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE, THE

                    HIGHEST DEGREE OF FELONY RESERVED FOR MURDER, ARSON, TERRORISM,

                    KIDNAPPING AND OPERATING AS A MAJOR TRAFFICKER FACING LIFE

                    IMPRISONMENT.  THIS BILL IS NOT SAVING LIVES.  IT IS HELPING DRUG

                    TRAFFICKERS BECOME ENRICHED FROM A DRUG PANDEMIC.  WHEN A DRUG

                    TRAFFICKER HAS NARCAN IN A BUILDING AND STATIONS FOR USERS AND NARCAN IS

                                         27



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                    AT THE SCENE, IT IS VOIDING THE TRAFFICKERS AND USERS OF ANY HELP THE

                    SYSTEM MAY PROVIDE.  SOME PEOPLE BELONG IN JAIL TO SAVE THEIR LIVES.

                    SOME PEOPLE NEED HELP AND CAN GET IT THROUGH A PROBATION HEARING OR A

                    TRIAL OR A PROCEEDING.  THIS BILL, IN MY OPINION, IS CONDONING DRUG

                    TRAFFICKING AND USE AND TYING THE HANDS OF LAW ENFORCEMENT.

                                 FOR THAT REASON, I WILL BE VOTING NO AND I ENCOURAGE

                    MY COLLEAGUES TO DO THE SAME.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MR. ANGELINO.

                                 MR. ANGELINO:  WILL THE SPONSOR YIELD FOR A

                    COUPLE OF QUICK QUESTIONS?

                                 ACTING SPEAKER AUBRY:  MR. DINOWITZ, WILL

                    YOU YIELD?

                                 MR. DINOWITZ:  YES.

                                 ACTING SPEAKER AUBRY:  MR. DINOWITZ YIELDS,

                    SIR.

                                 MR. ANGELINO:  THANK YOU.  DO YOU HAVE ANY

                    EXAMPLES OF A PROSECUTION THAT HAD USED NARCAN AS EVIDENCE?

                                 MR. DINOWITZ:  NO.

                                 MR. ANGELINO:  IS THERE ANY EXAMPLE OF ANYBODY

                    DYING BECAUSE NARCAN WAS INTRODUCED AS EVIDENCE IN ANY PROCEEDING?

                                 MR. DINOWITZ:  IT -- IT'S A LITTLE HARD TO KNOW THAT.

                    I WOULD SAY THAT IF WE DISCOURAGE THE USE OF NARCAN IT'S QUITE LIKELY

                    PEOPLE HAVE DIED.  BUT OBVIOUSLY, IF SOMETHING IS INTRODUCED IN

                    EVIDENCE LATER ON, IT'S HARD TO KNOW GOING BACK IF -- IF, IN FACT,

                                         28



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                    SOMEBODY DIED AS A RESULT OF THAT.  BUT I THINK IT'S ALMOST INEVITABLE

                    THAT THAT HAS BEEN THE CASE.

                                 MR. ANGELINO:  SO YOU -- YOU BELIEVE THAT THIS

                    LEGISLATION WILL ENCOURAGE THE POSSESSION OF NARCAN.

                                 MR. DINOWITZ:  I BELIEVE THAT THIS LEGISLATION WILL

                    REMOVE AN INCENTIVE NOT TO POSSESS NARCAN.  THAT'S RIGHT.

                                 MR. ANGELINO:  OKAY.

                                 MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MR.

                    ANGELINO.

                                 MR. ANGELINO:  SO, NARCAN HAS BEEN ISSUED TO

                    POLICE OFFICERS IN MY REGION FOR YEARS, AND WE HAVE SCORES OF RESCUE

                    SAVES AND LIVES RETURNED FROM WHAT WOULD HAVE BEEN SURE DEATH.  IT'S A

                    MIRACLE DRUG.  I CARRY IT.  I HAVE IT IN MY PERSONAL VEHICLE RIGHT NOW IN

                    THE -- IN THE PARKING LOT.  YOU NEVER KNOW WHEN YOU'RE GOING TO

                    ENCOUNTER SOMEONE.  I'VE NEVER KNOWN A POLICE OFFICER TO NOT USE

                    NARCAN, OR IF HE DID USE IT TO THINK THAT THAT WAS GOING TO SOMEHOW BE

                    INTRODUCED AS EVIDENCE OF A CRIME.  THE -- I'VE WRITTEN SCORES OF SEARCH

                    WARRANTS THAT USE THE -- THE TERMINOLOGY OF GLASSINE ENVELOPES, WAX

                    PAPERS, SCALES.  ALL THE THINGS THAT PEOPLE WHO ARE TRAFFICKING IN

                    NARCOTICS.  NEVER ONCE HAVE I TYPED THE WORD "NALOXONE" OR "NARCAN"

                    AS A PROBABLE CAUSE TO THINK THAT THERE IS DRUG SALES AFOOT.  I THINK THIS

                    IS LEGISLATION THAT IS ALREADY TAKEN CARE OF WHEN THE PROSECUTORS AND

                    DEFENSE ATTORNEYS ARE ARGUING EVIDENCE.  I -- I BELIEVE THIS MIGHT JUST

                    BE A FEEL-GOOD TYPE OF LEGISLATION.  OFFICERS ARE USING NARCAN DAILY.  I

                                         29



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                    USED IT ON CHRISTMAS EVE AND IT WORKS.  AND NEVER ONCE HAS AN OFFICER

                    EVER THOUGHT OF NOT USING IT.  BUT I DON'T THINK THAT CREATING A

                    LEGISLATION TO TIE THE HANDS OF PROSECUTORS OR ALL THE THINGS THAT MY

                    COLLEAGUE IN FRONT MENTIONED, I DON'T BELIEVE THIS IS NEEDED AND IT'S JUST

                    A CUMBERSOME LAW THAT'S GOING TO MUDDLE UP OUR COURTS.

                                 AND FOR THOSE REASONS I'LL BE VOTING NO.  THANK YOU,

                    SIR.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. GOODELL.

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

                    THE SPONSOR YIELD?

                                 ACTING SPEAKER AUBRY:  MR. DINOWITZ, WILL

                    YOU YIELD?

                                 MR. DINOWITZ:  YES, I WILL.

                                 ACTING SPEAKER AUBRY:  MR. DINOWITZ YIELDS,

                    SIR.

                                 MR. GOODELL:  THANK YOU, MR. DINOWITZ.  I VERY

                    MUCH APPRECIATE YOUR DESIRE TO CERTAINLY MINIMIZE ANY DEATHS AND

                    MANY OVERDOSES, AND CERTAINLY NARCAN CAN BE AN IMPORTANT TOOL.  BUT

                    WE ALL KNOW THAT NARCAN IS REALLY DESIGNED TO BE USED IN A SITUATION

                    WITH AN OVERDOSE.  AND THAT SITUATION IS INHERENTLY EXTREMELY

                    DANGEROUS TO AN INDIVIDUAL WHO MAY BE ABUSING DRUGS.  WOULDN'T A

                    PREFERABLE LONG-TERM APPROACH BE TO ENCOURAGE THE ARREST AND THEN A

                    REFERRAL TO A DRUG TREATMENT COURT SO THAT THE INDIVIDUAL HAS A

                    MAXIMUM POSSIBILITY OF A LONG LIFE BY GETTING DRUG TREATMENT

                                         30



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                    SUPERVISED BY A DRUG COURT?  WOULDN'T THAT BE A PREFERABLE WAY THAN TO

                    SIMPLY IGNORE THE FACT THAT NARCAN IS AT THE SCENE?

                                 MR. DINOWITZ:  IT -- IT CERTAINLY WOULD BE

                    BENEFICIAL IF THOSE PEOPLE WHO ARE DRUG USERS WOULD GO INTO TREATMENT.

                    BUT I -- I THINK THERE'S SOMETHING THAT'S BEING LEFT OUT HERE, AND THAT IS,

                    NOT EVERY INSTANCE OF THE ADMINISTER -- ADMINISTERING OF NARCAN,

                    NALOXONE, IS DONE BY POLICE.  IT COULD BE DONE BY A PARENT OR ANOTHER

                    FAMILY MEMBER.  I -- THEORETICALLY, IT CAN BE DONE BY THE -- BY THE DRUG

                    USER HIMSELF OR HERSELF.  SO THERE'S -- THERE'S A LOT OF DIFFERENT WAYS THAT

                    NARCAN CAN BE USED BY SOMEBODY.  SO WE JUST -- WE SHOULDN'T JUST

                    THINK OF IT AS -- AS THE POLICE DOING IT, ALTHOUGH THEY'RE OBVIOUSLY A

                    MAJOR COMPONENT OF THIS, WHICH IS WHY IT'S SO IMPORTANT THAT THEY HAVE

                    THAT AVAILABLE.  SHOULD PEOPLE WHO HAVE MAJOR DRUG ISSUES GO INTO

                    TREATMENT?  OF COURSE THEY SHOULD.  BUT I'M NOT GOING TO SAY THAT IT'S

                    BETTER FOR THEM TO BE ARRESTED AND REFERRED TO TREATMENT.  I -- I THINK THE

                    ISSUE HERE IS SIMPLY MAKING SURE THAT -- THAT THEY CAN GET THE -- THE

                    NALOXONE AND THAT THERE'S NO REASON THAT THEY WOULDN'T.

                                 MR. GOODELL:  NOW, POSSESSION OF NARCAN, FOR

                    EXAMPLE, OR ANY OPIATE ANTAGONIST, THAT IS NOT ILLEGAL, CORRECT?

                                 MR. DINOWITZ:  CORRECT.

                                 MR. GOODELL:  AND SO, UNDER WHAT CONCEIVABLE

                    CIRCUMSTANCES WOULD POSSESSION OF A LEGAL CHEMICAL BE EVIDENCE OF

                    POSSESSION OF SOMETHING THAT'S ILLEGAL?  I MEAN, BY DEFINITION YOU CAN

                    ONLY BE CONVICTED OF POSSESSION OF AN ILLEGAL DRUG IF THE PROSECUTION

                    ESTABLISHES BEYOND A REASONABLE DOUBT THAT YOU ARE IN POSSESSION OF AN

                                         31



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                    ILLEGAL DRUG.  NOT A LEGAL OPIATE ANTAGONIST, RIGHT?  SO, BY LAW, THE

                    NARCAN PRESENCE IS LEGALLY IRRELEVANT TO A PROSECUTION FOR POSSESSION OF

                    AN ILLEGAL DRUG, ISN'T THAT CORRECT?

                                 MR. DINOWITZ:  I'M -- I'M NOT SURE THAT THAT'S THE

                    CASE.  I THINK THAT A PROSECUTOR COULD VERY WELL WANT TO USE THE

                    POSSESSION OF THIS LEGAL SUBSTANCE AS AN INDICATION THAT SOMETHING

                    ILLEGAL MAY HAVE BEEN HAPPENING, AND WE SIMPLY WANT TO REMOVE THAT

                    FROM THE EQUATION SO THAT, AGAIN, WE CAN KEEP PEOPLE ALIVE AND THAT NO

                    ONE IS DISCOURAGED -- YOU KNOW, IT -- IT WAS MENTIONED WE TALK ABOUT

                    POLICE, AND I MENTIONED WHAT ABOUT A FRIEND?  YOU KNOW, THEY MAY BE

                    NERVOUS ABOUT HAVING IT ON THE SCENE BECAUSE THEY'RE AFRAID THAT THEY'RE

                    GOING TO GET ARRESTED OR SOMETHING LIKE THAT.  SO, I --

                                 MR. GOODELL:  BUT IT'S NOT ILLEGAL -- IT'S NOT ILLEGAL

                    TO POSSESS NARCAN, RIGHT?  IT'S ONLY ILLEGAL TO POSSESS OPIATES WITHOUT A

                    PRESCRIPTION.

                                 MR. DINOWITZ:  THE ISSUE HERE IS NOT --

                                 MR. GOODELL:  THE POSSESSION OF NARCAN IS NOT

                    ILLEGAL.  AND -- AND WHAT PUBLIC DEFENDER OR PUBLIC ATTORNEY WOULD

                    EVER ALLOW THAT EVIDENCE IN -- INTO A CASE?

                                 MR. DINOWITZ:  WELL, I THINK THE ISSUE HERE IS

                    WHETHER OR NOT THIS POSSESSION CAN IN SOME WAY BE USED TO -- AGAINST

                    SOMEBODY.  AND WE DON'T WANT THAT TO HAPPEN.  AND IF --

                                 MR. GOODELL:  DO YOU HAVE ANY EXAMPLE OF ANY

                    CASE, EITHER ON A TRIAL LEVEL OR ON APPEAL, WHERE NARCAN WAS USED AS

                    EVIDENCE -- THE LEGAL POSSESSION OF NARCAN WAS USED AS EVIDENCE OF

                                         32



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                    ILLEGAL ACTIVITY?

                                 MR. DINOWITZ:  I -- AS I SAID EARLIER WHEN I WAS

                    ASKED THE SAME QUESTION, I DON'T HAVE DATA OR EVIDENCE LIKE THAT.  BUT I

                    WILL SAY IF -- IF IT'S THE CASE THAT A PROSECUTOR PERHAPS DOESN'T LIKE THIS

                    BILL, I THINK MAYBE THEY THINK THAT THIS BILL WOULD INHIBIT THEIR ABILITY TO

                    PROSECUTE SOMEBODY.

                                 MR. GOODELL:  OF COURSE IT IS.

                                 MR. DINOWITZ:  BUT I THINK THE BOTTOM LINE IS -- IS

                    WHETHER OR NOT NALOXONE IS GOING TO BE USED IN EVERY POSSIBLE CASE

                    THAT IT COULD POTENTIALLY BE USED FOR TO SAVE LIVES.

                                 MR. GOODELL:  OF COURSE THIS IS -- THIS BILL COVERS

                    NOT JUST CRIMINAL PROSECUTIONS WHERE IT CAN'T BE USED ANYWAY UNDER ANY

                    ESTABLISHED STANDARDS OF CRIMINAL PROSECUTION.  CAN I ASK YOU A COUPLE

                    OF OTHER QUESTIONS, THOUGH?  BECAUSE BILL GOES BEYOND CRIMINAL LAW.  IT

                    ALSO WOULD AMEND THE REAL PROPERTY LAW AND THE REAL PROPERTY

                    ACTIONS AND PROCEEDINGS LAW, CORRECT?

                                 MR. DINOWITZ:  YES.

                                 MR. GOODELL:  SO, UNDER SECTION 231,

                    SUBPARAGRAPH 2 OF THE REAL PROPERTY LAW, A LANDLORD IS LIABLE TO

                    TENANTS IF THERE'S ANY ILLEGAL ACTIVITY THAT MIGHT AFFECT THE TENANTS,

                    CORRECT?

                                 MR. DINOWITZ:  IF YOU SAY SO, YES.

                                 MR. GOODELL:  WELL, YOUR BILL AMENDS SECTION

                    231, SUBPARAGRAPH 1 --

                                 MR. DINOWITZ:  MM-HMM.

                                         33



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                                 MR. GOODELL:  -- SAYING THAT THE POSSESSION OF

                    NARCAN IN AN APARTMENT CANNOT BE USED AS EVIDENCE BY A LANDLORD WHO

                    WANTS TO EVICT THAT TENANT IN ORDER TO PROTECT THE OTHER TENANTS, IS THAT

                    CORRECT?

                                 MR. DINOWITZ:  THE LANDLORD CAN'T USE THE

                    POSSESSION OF NARCAN TO DRAW AN INFERENCE THAT THE TENANT IS DOING

                    SOMETHING ILLEGAL AND THEY, THEREFORE, USE IT AS -- AS AN EXCUSE TO GET

                    RID OF SOMEBODY.  PERHAPS SOMEONE THEY WANTED TO GET RID OF IN THE

                    FIRST PLACE.

                                 MR. GOODELL:  WELL, NO DOUBT IF THEY HAVE NARCAN

                    AROUND AND THEY'RE ENGAGED IN ILLEGAL ACTIVITY AND THE LANDLORD HAS

                    PERSONAL LIABILITY UNDER SUBPARAGRAPH 2 -- IS THERE ANYTHING IN THIS BILL,

                    BY THE WAY, THAT EXEMPTS THE LANDLORD FROM LIABILITY UNDER

                    SUBPARAGRAPH 231(2) IF THEY DON'T USE THAT EVIDENCE TO EVICT A TENANT

                    THAT IS USING OR ABUSING DRUGS TO THE DETRIMENT OF THE OTHER TENANTS?

                                 MR. DINOWITZ:  I'D HAVE HAD TO CHECK, BUT I DON'T

                    KNOW THAT THERE IS.  BUT, I MEAN, THE MERE POSSESSION OF NARCAN, ONE OF

                    YOUR OWN COLLEAGUES JUST SAID THAT HE CARRIES NARCAN, I GUESS, IN HIS

                    CAR.  SO A LOT OF PEOPLE MAY HAVE THAT.  THAT DOESN'T MEAN ANYBODY

                    SHOULD DRAW A NEGATIVE INFERENCE.  THAT DOESN'T MEAN THAT ANYBODY

                    SHOULD ASSUME THAT SOMETHING ILLEGAL IS GOING ON SIMPLY BECAUSE THEY

                    HAVE -- THEY'RE POSSESSING IT.  IT MIGHT MEAN THAT THEY WANT TO BE

                    PREPARED IN CASE THEY SEE A SITUATION WHERE THEY COULD SAVE

                    SOMEBODY'S LIFE.  SO I APPLAUD HIM FOR THAT.

                                 MR. GOODELL:  WELL, I CERTAINLY WOULD APPLAUD

                                         34



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                    HIM AS WELL.  THIS PROVIDES -- YOUR BILL PROVIDES THAT YOU COULDN'T USE

                    THE POSSESSION OF NARCAN AS EVIDENCE OF POSSESSION OF AN ILLEGAL DRUG.

                    CAN THE POSSESSION OF NARCAN BE USED IN CONNECTION WITH A PAROLE

                    VIOLATION OR A PROBATION VIOLATION, OR IN THE CONTEXT OF A DRUG COURT

                    TREATMENT PLAN WHERE THE DRUG COURT MIGHT EXPRESSLY PROHIBIT

                    POSSESSION OF ANY DRUGS OR DRUG PARAPHERNALIA?

                                 MR. DINOWITZ:  THE BILL SAYS IT MAY NOT ADMITTED

                    AT ANY TRIAL, HEARING OR OTHER PROCEEDING IN A PROSECUTION FOR ANY

                    OFFENSE UNDER THE SECTIONS ENUMERATED IN THE BILL.

                                 MR. GOODELL:  SO WOULD YOU CONSIDER A

                    PROBATION, REVOCATION OR A PAROLE REVOCATION TO BE A PROSECUTION, OR IS

                    THAT SOMETHING DIFFERENT?

                                 MR. DINOWITZ:  WELL, IT DOESN'T MATTER WHAT I

                    CONSIDER, AND THAT IS WHAT -- WHAT -- IT SAYS HERE ANY TRIAL, HEARING OR

                    OTHER PROCEEDING IN A PROSECUTION.  A PROBATIONARY -- A PROBATION

                    HEARING IS NOT A PROSECUTION.

                                 MR. GOODELL:  OKAY.  AND LIKEWISE, IF IT TRIGGERS A

                    VIOLATION OF A DRUG COURT TERM CONDITION OR ANYTHING LIKE THAT WHICH --

                    YOU WOULD CONSIDER THAT TO BE OUTSIDE OF THE SCOPE OF THIS BILL?

                                 MR. DINOWITZ:  I WOULD HAVE TO, YOU KNOW, READ --

                    READ THE WORDING OF THE BILL TO GIVE YOU AN AUTHORITATIVE ANSWER, BUT IT

                    JUST OCCURS TO ME THAT WE'RE TALKING ABOUT WHAT I JUST SAID.

                                 MR. GOODELL:  OKAY.  THANK YOU VERY MUCH, MR.

                    DINOWITZ.

                                 ON THE BILL, SIR.

                                         35



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MR.

                    GOODELL.

                                 MR. GOODELL:  I APPRECIATE THE SPONSOR'S DESIRE TO

                    MAKE SURE THAT WE SAVE AS MANY LIVES AS POSSIBLE.  CERTAINLY, THAT'S AN

                    OBJECTIVE THAT EVERYBODY HERE CERTAINLY SHARES.  NARCAN OR AN OPIOID

                    ANTAGONIST IS NOT ILLEGAL.  IT'S NOT ILLEGAL TO POSSESS.  AND SINCE IT'S NOT

                    ILLEGAL TO POSSESS NARCAN OR AN OPIATE ANTAGONIST, THAT LEGAL POSSESSION,

                    BY DEFINITION, UNDER ALL THE RULES OF EVIDENCE IS IRRELEVANT TO ILLEGAL

                    POSSESSION.  THE ONLY WAY A PERSON CAN BE CONVICTED OF ILLEGAL

                    POSSESSION OF AN OPIOID IS IF THEY HAVE THE PERSON IN POSSESSION OF AN

                    OPIOID.  THAT'S THE ONLY WAY YOU CAN BE CONVICTED.  YOU CAN'T BE

                    CONVICTED OF OPIOID POSSESSION BECAUSE YOU HAVE A LEGAL DRUG WITH YOU

                    THAT'S NOT AN OPIOID.  AND SO THIS BILL IS ENTIRELY UNNECESSARY IN TERMS

                    OF A PROSECUTION BECAUSE THAT EVIDENCE IS ALREADY LEGALLY INADMISSIBLE

                    AND IRRELEVANT.  BUT THIS BILL GOES FURTHER.  THIS BILL SAYS YOU CAN'T USE

                    THE POSSESSION OF NARCAN IN EVALUATING WHETHER OR NOT A TENANT SHOULD

                    BE EVICTED FOR INJURING OR POTENTIALLY INJURING OTHER TENANTS.  OUR REAL

                    PROPERTY LAW SAYS THAT A LANDLORD NOT ONLY CAN EVICT A TENANT THAT'S

                    ENGAGED IN ILLEGAL ACTIVITY, BUT IF THE LANDLORD DOESN'T EVICT SUCH A

                    TENANT, THE LANDLORD HAS PERSONAL LIABILITY FROM THE OTHER TENANTS FOR

                    NOT TAKING STEPS TO ENSURE THAT THE APARTMENT BUILDING IS SAFE.  SO THE

                    PROBLEM THE LANDLORD HAS IS THAT UNLIKE THE POLICE, THE LANDLORD CANNOT

                    GET A SEARCH WARRANT.  SO WHAT HAPPENS IS THE LANDLORD GETS A CALL FROM

                    THE OTHER TENANTS, COMPLAINING ABOUT THE TRAFFIC AT ALL HOURS OF THE

                    NIGHT, COMPLAINING ABOUT PERHAPS FINDING OTHER DRUG PARAPHERNALIA IN

                                         36



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                    THE HALLWAYS OR ON THE SIDEWALK IN FRONT OF THE APARTMENT.  AND THE

                    LANDLORD FACING PERSONAL LIABILITY WOULD THEN BEGIN AN EVICTION

                    PROCEEDING TO PROTECT THE OTHER TENANTS.  AND THIS BILL SAYS, SORRY TO THE

                    OTHER TENANTS.  THE LANDLORD CANNOT USE OBVIOUS EVIDENCE OF ILLEGAL

                    CONDUCT TO PROTECT YOU AND TO PROTECT YOUR CHILDREN FROM ANOTHER

                    TENANT THAT'S ENGAGED IN ILLEGAL ACTIVITY.  THE BILL GOES TOO FAR AND

                    CREATES PROBLEMS IN AN EFFORT TO SOLVE SOMETHING THAT IS NOT A PROBLEM

                    UNDER CURRENT LAW.

                                 THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  THANK YOU, MR.

                    GOODELL.

                                 READ THE LAST -- READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT ON THE 60TH

                    DAY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE ON ASSEMBLY PRINT 2354.  THIS IS A FAST ROLL CALL.  ANY MEMBER

                    WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE

                    MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. GOODELL TO EXPLAIN HIS VOTE.

                                 MR. GOODELL:  THANK YOU, SIR.  OBVIOUSLY, MANY

                    OF US HAVE MIXED FEELINGS ABOUT THIS BILL BECAUSE WE CERTAINLY WANT TO

                    MAKE SURE THAT NARCAN IS READILY AVAILABLE AND THAT NOBODY IS HESITANT

                    ABOUT HAVING IT IN THEIR POSSESSION AND USING IT TO SAVE THEIR OWN LIFE OR

                    THE LIVES OF SOMEBODY ELSE.  ON THE OTHER HAND, MANY OF US ARE

                                         37



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                    CONCERNED ABOUT THE UNINTENDED CONSEQUENCES IN TERMS OF REAL ESTATE

                    AND IN TERMS OF OTHER DRUG ENFORCEMENT ACTIVITIES, IN TERMS OF HOW A

                    DRUG COURT SHOULD OPERATE.  WE THINK IT SHOULD BE CLEAR THAT THIS COULD

                    BE USED, AS -- AS THE SPONSOR ALLUDED TO, IN PROBATION OR PAROLE

                    VIOLATIONS.  AND OVERALL, OUR PRIMARY OBJECTIVE IS NOT TO HAVE PEOPLE

                    USING NARCAN ON A REGULAR BASIS, IT'S TO HELP GET THOSE PEOPLE INTO DRUG

                    COURT OR DRUG TREATMENT AND SEEK A LONG-TERM SOLUTION.  MANY OF MY

                    COLLEAGUES IN THE PAST VOTED IN FAVOR OF THIS BECAUSE THEY WANT TO MAKE

                    SURE THAT NARCAN IS READILY AVAILABLE.  MYSELF AND MANY OF MY

                    COLLEAGUES WILL BE VOTING NO THIS YEAR BECAUSE OF OUR CONCERN OVER THE

                    UNINTENDED CONSEQUENCES.

                                 SO I WILL BE VOTING NO, BUT CERTAINLY MANY OF MY

                    COLLEAGUES ON BOTH SIDES OF THE AISLE WILL BE SUPPORTING THIS BILL.

                    AGAIN, THANK YOU, SIR, AND THANK YOU TO THE SPONSOR.

                                 ACTING SPEAKER AUBRY:  MR. GOODELL IN THE

                    NEGATIVE.

                                 MR. DINOWITZ TO EXPLAIN HIS VOTE.

                                 MR. DINOWITZ:  VERY BRIEFLY.  I -- I'M AMAZED AT

                    HOW THE DISCUSSION OF THIS BILL GOT TO A POINT WHERE WE'RE TALKING ABOUT

                    HOW IT'S GOING TO HURT OR PROTECT LANDLORDS.  THIS IS NOT A HOUSING BILL.  I

                    UNDERSTAND MY OTHER BILLS THAT I'VE HAD RECENTLY WERE HOUSING BILLS.

                    THIS IS NOT THAT.  AND WE SHOULDN'T BE LOOKING AT IT FROM THE POINT OF

                    VIEW OF WHETHER OR NOT THIS IS GOING TO PROTECT OR HURT A LANDLORD

                    BECAUSE THAT'S NOT WHAT IT'S ALL ABOUT.

                                 HERE'S THE INTENDED CONSEQUENCE OF THIS BILL.  WE, AS

                                         38



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                    LEGISLATORS, SHOULD BE WORKING TO PROTECT NEW YORKERS AND TO SAVE

                    LIVES.  AND I BELIEVE SOMEHOW, SOME WAY, SOMEWHERE IN THE FUTURE,

                    THIS LEGISLATION, ONCE IT'S SIGNED INTO LAW AFTER PASSED BY THE SENATE,

                    WILL SAVE LIVES.  SO I WOULD URGE A YES VOTE, AS I VOTE YES.

                                 ACTING SPEAKER AUBRY:  MR. DINOWITZ IN THE

                    AFFIRMATIVE.

                                 MRS. GUNTHER.

                                 MRS. GUNTHER:  JUST A WORD ON THIS BILL.  I'M, OF

                    COURSE, VOTING POSITIVE -- IN THE POSITIVE OR -- BECAUSE I KNOW HOW

                    IMPORTANT THIS BILL IS.  YOU KNOW, THIS MEDICATION -- NARCANING

                    SOMEBODY SAVES LIVES.  AND, YOU KNOW, I -- I WILL ALWAYS REMEMBER

                    THAT ADDICTION IS A DISEASE.  IT'S LIKE ANY OTHER DISEASE THAT WE HAVE; IF

                    YOU HAVE CANCER.  IT IS A DISEASE.  AND SAVING ONE'S LIFE IS VERY

                    IMPORTANT.  SO, YOU KNOW, I -- I -- I DON'T SEE HOW WE CAN BRING IN

                    LANDLORDS AND ALL THOSE KINDS OF THINGS.  AND I WOULD SAY TO PEOPLE,

                    THERE BY THE GRACE OF GOD GO I OR YOU, BECAUSE THERE ARE SO MANY

                    PEOPLE THAT BECAUSE OF PHARMACEUTICAL COMPANIES AND THE LACK OF PAIN

                    MANAGEMENT, THERE ARE SO MANY PEOPLE THAT ARE ADDICTED.  AND THEY GO

                    FROM, YOU KNOW, PILLS LIKE PERCOCET, PERCODAN, AND THEY GO TO HEROIN

                    BECAUSE IT'S A LOT CHEAPER.  AND, YOU KNOW, NARCAN CAN SAVE LIVES.

                    AND I CERTAINLY THANK YOU, JEFF DINOWITZ.  IT'S SO IMPORTANT.  I KNOW

                    I'VE BEEN TRAINED IN NARCAN AND MY WHOLE OFFICE HAS BECAUSE WE

                    BELIEVE IN SAVING LIVES AND GIVING PEOPLE A SECOND CHANCE.

                                 ACTING SPEAKER AUBRY:  MRS. GUNTHER IN THE

                    AFFIRMATIVE.

                                         39



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                                 MS. GLICK.

                                 MS. GLICK:  THANK YOU, MR. SPEAKER, TO BRIEFLY

                    EXPLAIN MY VOTE.  I -- I THINK THAT THERE ARE A GREAT MANY PEOPLE, OTHER

                    THAN POLICE OFFICERS, WHO MAY, IN FACT, BE USE CARRYING NARCAN TO SAVE

                    LIVES.  WE HAVE A LOT OF PEOPLE WHO DO OUTREACH TO HOMELESS PEOPLE IN

                    NEW YORK CITY.  THEY MAY BE SOCIAL WORKERS, THEY MAY BE ADDICTION

                    TREATMENT COUNSELORS, AND THEY GO OUT TO THE STREETS TO HELP PEOPLE.

                    AND THEY SHOULD NOT FEAR THAT HAVING THIS ON THEIR PERSON WHEN THEY

                    ARE INTERACTING WITH PEOPLE WHO MAY HAVE ILLEGAL DRUGS THAT THEY GET

                    CAUGHT UP IN SOME SITUATION.  OR IF THEY FOR SOME REASON HAVE, YOU

                    KNOW, A PROBLEM WITH THEIR APARTMENT AND THE FIRE DEPARTMENT COMES

                    TO DEAL WITH SOMETHING AND THERE'S NARCAN OUT, THAT THAT SOMEHOW

                    INDICATES THAT THERE'S ILLEGAL DRUG ACTIVITY HAPPENING IN THAT APARTMENT.

                                 SO, I WITHDRAW MY REQUEST AND VOTE IN THE

                    AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MS. GLICK IN THE

                    AFFIRMATIVE.

                                 MS. GIGLIO.

                                 MS. GIGLIO:  THANK YOU, MR. SPEAKER, TO EXPLAIN

                    MY VOTE.

                                 ACTING SPEAKER AUBRY:  PLEASE.

                                 MS. GIGLIO:  I AM ALSO NARCAN TRAINED.  AND I KNOW

                    THAT IT IS INSTRUMENTAL IN PREVENTING DEATH IN AN OVERDOSE SITUATION.  I

                    DON'T THINK THAT NARCAN IS BEING USED AS PROBABLE CAUSE.  THE SPONSOR

                    OF BILL COULD NOT GIVE US ANY EXAMPLES OF WHEN NARCAN WAS USED AS

                                         40



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                    PROBABLE CAUSE.  AND THE EXEMPTIONS TO WHERE NARCAN CAN'T BE

                    INTRODUCED INTO EVIDENCE IS FOR ACTUAL DRUG -- PEOPLE THAT ARE CARRYING

                    DRUGS.  IT'S JUST THE AMOUNT OF DRUGS THAT THEY HAVE ON THEM AS TO WHEN

                    NARCAN CAN'T BE INTRODUCED.  I THINK THAT DUE PROCESS IS A DEFENSE

                    ATTORNEY AND/OR A DISTRICT ATTORNEY, A DEFENSE ATTORNEY AND THE JUDGE

                    DECIDING WHETHER OR NOT BRINGING NARCAN INTO EVIDENCE IS RELEVANT IN

                    ANY PROCEEDING.  SO, FOR THAT REASON, AGAIN, I STATED I WILL BE VOTING NO.

                    I DO BELIEVE THAT NARCAN IS LIFESAVING, BUT I THINK THAT ALSO BEING ABLE

                    TO USE IT IN A PROBATION HEARING OR IN A TRIAL OR IN A CRIMINAL PROCEEDING,

                    THAT WE ARE DENYING THE PEOPLE THE HELP THAT THEY WOULD NEED IN ORDER

                    TO GET THE HELP, RATHER THAT JUST CARRYING NARCAN AND BRINGING BACK TO

                    LIFE FROM AN OVERDOSE.  WHICH IS VERY IMPORTANT BUT -- VERY IMPORTANT

                    AND IT IS A LIFESAVING DRUG.  AND NARCAN IS NOT ILLEGAL, SO ANYBODY CAN

                    CARRY NARCAN, AS I DO, AND AS MY OTHER COLLEAGUES HAVE SAID THEY DO

                    AND THEY'RE TRAINED IN IT.  AND I RESPECT THAT.  I THINK IT'S IMPORTANT.  BUT

                    I -- I DON'T THINK THAT IT IS GETTING PEOPLE THE HELP THAT THEY NEED IF THEY

                    ARE USING DRUGS.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MS. GIGLIO IN THE

                    NEGATIVE.

                                 MS. WALLACE TO EXPLAIN HER VOTE.

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

                    GIVING ME THE OPPORTUNITY TO EXPLAIN MY VOTE.  AS HAS ALREADY BEEN

                    SAID, THIS IS AN INCREDIBLY IMPORTANT LIFESAVING DRUG.  IT IS MEDICATION

                    FOR PEOPLE WHO ARE ADDICTED.  AND ANYTHING THAT WE CAN DO TO

                    ENCOURAGE THE USE AND THE CARRYING OF THIS LIFESAVING MEDICATION IS

                                         41



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                    WORTH DOING.

                                 IN 2019, MY 23-YEAR-OLD NEPHEW DIED OF AN OVERDOSE.

                    HE DIED IN A PUBLIC BATHROOM, SHORTLY, BY THE WAY, AFTER BEING RELEASED

                    FROM BEING ARRESTED FOR THAT AND GOT IN THE MIDDLE OF A DRUG TREATMENT

                    COURT AND ALL THOSE THINGS.  SO, YOU KNOW, YOU CAN'T -- IF YOU -- IF YOU --

                    PERHAPS IF SOMEBODY HAD FOUND HIM, HAD NARCAN ON THEM, MAYBE HE'D

                    STILL BE HERE TODAY.  YOU CAN'T FINISH DRUG TREATMENT COURT, YOU CAN'T BE

                    HELPED IF YOU'RE DEAD.

                                 SO I WILL SAY THAT I THINK THAT THIS IS A VERY GOOD BILL.

                    WE DON'T WANT TO DETER PEOPLE WHO HAVE ADDICTION PROBLEMS FROM

                    CARRYING THIS BECAUSE THEY, THEMSELVES, MIGHT NEED IT OR THEY'RE AROUND

                    PEOPLE THAT MIGHT NEED IT.  SO I FULLY SUPPORT THIS BILL, AND I WANT TO

                    THANK THE SPONSOR FOR BRINGING IT AND I VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MS. WALLACE IN THE

                    AFFIRMATIVE.

                                 MR. REILLY.

                                 MR. REILLY:  THANK YOU, MR. SPEAKER, FOR GIVING

                    ME THE OPPORTUNITY TO EXPLAIN MY VOTE.  I WAS LISTENING TO THE DEBATE,

                    AND MANY -- MANY POINTS MADE ON BOTH SIDES ARE VERY IMPORTANT AND

                    THEY DEFINITELY REFLECT OUR NEED TO -- TO ADVOCATE FOR SAVING LIVES.  ONE

                    THING THAT I -- THAT STRIKES ME IS THE -- THE ABILITY OF PREVENTING AN

                    ABSOLUTE OF NO EVIDENCE BEING -- NARCAN BEING INTRODUCED AS EVIDENCE.

                    YOU KNOW, WHEN WE LOOK AT THE PROSECUTION FOR DWIS, WE ACTUALLY

                    LOOK AT ANYTHING THAT COULD POSSIBLY SUBSTANTIATE AT THE TRIAL.  YOU CAN

                    HAVE RECEIPTS OF PURCHASES OF ALCOHOL OR AT A BAR OR SOMETHING LIKE

                                         42



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                    THAT.  I THINK IF WE START TO MAKE ABSOLUTES, WE TAKE AWAY THE ABILITY TO

                    PROSECUTE AND ADVOCATE FOR VICTIMS' LIVES.  SO, I THINK, LIKE MY

                    COLLEAGUES HAVE SAID IN THE -- DURING THE DEBATE, I THINK THIS GOES A

                    LITTLE TOO FAR AND IT'S TOO MUCH OF AN ABSOLUTE.  AND THERE ALREADY IS THE

                    OPPORTUNITY FOR PEOPLE TO CARRY NARCAN AND IT'S PROMOTED AND WE HOST

                    TRAININGS.

                                 SO I THINK THIS LEGISLATION GOES A LITTLE TOO FAR.  SO FOR

                    THOSE REASONS I'LL BE VOTING IN THE NEGATIVE.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MR. REILLY IN THE

                    NEGATIVE.

                                 MS. ROSENTHAL TO EXPLAIN HER VOTE.

                                 MS. ROSENTHAL:  THANK YOU, MR. SPEAKER, TO

                    EXPLAIN MY VOTE.  I COMMEND THE AUTHOR OF THIS IMPORTANT PIECE OF

                    LEGISLATION.  AS A FORMER CHAIR OF THE COMMITTEE ON ALCOHOLISM AND

                    DRUG ABUSE, I UNDERSTAND HOW IMPORTANT NARCAN IS TO SAVING LIVES.

                    THE STATE, THE CITY, THE U.S. ALL PROMOTE THE USE OF NARCAN.  PEOPLE

                    SHOULD CARRY IT WITH THEM BECAUSE YOU NEVER KNOW.  TO TURN AROUND

                    AND SAY THAT IT COULD BE USED AS EVIDENCE IN A CRIMINAL TRIAL SENDS A

                    CHILLING MESSAGE:  DON'T USE IT.  DON'T HAVE IT WITH YOU.  DON'T TRY TO

                    SAVE A LIFE.  IT'S -- IT'S PREPOSTEROUS.  DRUG ADDICTION IS A DISEASE.  IT'S

                    NOT CRIMINAL.  AND THIS IS PART OF THE EFFORT THAT HAS CRIMINALIZED PEOPLE

                    -- PEOPLE WHO ARE IN THE MINORITY COMMUNITY, PEOPLE OF COLOR, TRYING

                    TO SEND THEM AWAY.  THIS IS A GOOD STOP TO THAT KIND OF BEHAVIOR, AND I

                    APPLAUD THE SPONSOR.

                                 I VOTE IN THE AFFIRMATIVE.

                                         43



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                                 ACTING SPEAKER J.D. RIVERA:  THANK YOU.

                                 MR. LAWLER.

                                 MR. LAWLER:  THANK YOU.  I WILL BE VOTING IN THE

                    AFFIRMATIVE.  I -- I THINK THE DEBATE, FRANKLY, HAS GOTTEN A LITTLE

                    CONFUSED.  AT THE END OF THE DAY, WE ALL WANT TO MAKE SURE THAT PEOPLE

                    WHO ARE IN DIRE NEED - AND BY DIRE I MEAN THE POTENTIAL OF DYING - HAVE

                    ACCESS TO NARCAN.  AND NARCAN BEING A LEGAL DRUG, CERTAINLY, YOU

                    KNOW, WE WANT ANYBODY WHO MAY NEED IT -- FRANKLY, I THINK IT'S

                    SOMETHING WE SHOULD LOOK TO FIND WAYS TO PROMOTE THE ABILITY OF, YOU

                    KNOW, MORE AND MORE EVERYDAY CITIZENS TO POTENTIALLY HAVE IT IN THEIR

                    HOME.  UNFORTUNATELY, WE'VE SEEN WITH THE OPIOID EPIDEMIC AND -- AND

                    HEROIN OVERDOSES, IT CAN COME UPON ANYONE AT ANY TIME IN ANY

                    HOUSEHOLD.  AND I THINK WE NEED TO MAKE SURE THAT AS A BODY, WE'RE

                    DOING WHAT WE CAN TO -- TO MAKE IT MORE READILY AVAILABLE,

                    UNFORTUNATELY.  I DO -- I DO THINK, AS MY COLLEAGUE POINTED OUT FROM

                    STATEN ISLAND, THAT THERE MAY BE TOO MUCH OF ABSOLUTISM IN THIS BILL

                    BECAUSE AT THE END OF THE DAY, THERE ARE THINGS ALL THE TIME THAT ARE USED

                    AS EVIDENCE IN THE COMMISSION OF A CRIME.  BUT OF COURSE, YOU KNOW, I

                    UNDERSTAND WHAT THE SPONSOR IS TRYING TO DO WITH THIS BILL, AND AT THE

                    END OF THE DAY, LET'S MAKE SURE THAT WE'RE DOING WHAT WE CAN TO HELP

                    SAVE LIVES AND MAKE SURE THAT NARCAN IS AVAILABLE.

                                 SO I VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER J.D. RIVERA:  THANK YOU.

                                 MS. FORREST.

                                 MS. FORREST:  YES, I THANK THE -- I WOULD LIKE TO

                                         44



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                    EXPLAIN MY VOTE.  I THANK THE SPONSOR FOR THIS BILL.  I -- WE ALL KNOW

                    THAT OPIOID ADDICTION IS PERVASIVE IN ALL OUR COMMUNITIES AND IT DOESN'T

                    MATTER YOUR CLASS, YOUR RACE OR YOUR ENVIRONMENT.  AND SO, HAVING THE

                    ABILITY TO MAKE SURE -- HAVING THIS BILL UPLIFT AND SUPPORT PEOPLE TO

                    CARRY THEIR NARCAN NO MATTER THE SITUATION.  I AM A NARCAN CARRIER, AND I

                    CARRY MY NARCAN EVERYWHERE.  SO WHETHER I'M IN NURSING SCRUBS OR I

                    AM ON THE FLOOR OR I AM OUTSIDE IN PUBLIC, I DON'T WANT ANY QUESTIONS AS

                    TO WHO I AM, OR WHAT I'M DOING AND WHAT MY NARCAN CARRYING MEANS.

                    IT SHOULD -- SHOULD SIGNIFY OTHER THAN I WANT TO SAVE LIVES.

                                 AND SO I SUPPORT THIS BILL BECAUSE IT'S AN IMPORTANT

                    BILL THAT NOT ONLY SAVES PEOPLE, BUT THEN ALSO PUTS FOREFRONT THAT OPIOID

                    IS A PROBLEM, PERIOD.  ANYWHERE WE GO, IT'S A PROBLEM AND WE SHOULD

                    ALL BE PREPARED TO ADDRESS THE PROBLEM.  THANK YOU.

                                 ACTING SPEAKER J.D. RIVERA:  THANK YOU.

                                 MR. CONRAD.

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

                    BILL, I WANT TO SAY -- I WANT TO SAY -- THANK THE SPONSOR.  I THINK WE

                    HAVE COME A LONG WAY AS A SOCIETY WHERE AT ONE POINT IN MY CAREER, I

                    WAS ARGUING WITH PEOPLE WHETHER OR NOT TO CARRY IT, WHETHER OR NOT TO

                    PAY FOR IT.  AND WE ALL AGREE THAT IT'S A BAND-AID OVER A BULLET HOLE, A

                    BIGGER PROBLEM ACROSS OUR SYSTEM.  NARCAN SAVED THE LIFE OF MY

                    BROTHER, A COMBAT VETERAN AND CAME BACK WITH OPIOID ADDICTION AFTER

                    HE WAS BLOWN OUT OF HIS BRADLEY FIGHTING VEHICLE AND HAD HIS HIPS

                    TORN OFF.  AND HE WAS PUT ON OPIATES AND WHEN HE CAME BACK HE WAS

                    BROKEN.  NARCAN SAVED HIS LIFE.

                                         45



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                                 AND I COMMEND THE SPONSOR AND I WILL BE VOTING IN

                    THE AFFIRMATIVE.

                                 ACTING SPEAKER J.D. RIVERA:  MR. GOODELL FOR

                    EXCEPTIONS.

                                 MR. GOODELL:  THANK YOU, SIR.  PLEASE RECORD THE

                    FOLLOWING IN THE NEGATIVE:  MR. ANGELINO, MR. BLANKENBUSH, MR.

                    BRABENEC, MR. DESTEFANO, MR. DIPIETRO, MR. FITZPATRICK, MR. FRIEND,

                    MS. GIGLIO, MR. HAWLEY, MR. MANKTELOW, MR. REILLY, MR. SALKA, MR.

                    TAGUE AND MR. TANNOUSIS.

                                 THANK YOU, SIR.

                                 ACTING SPEAKER J.D. RIVERA:  ARE THERE ANY

                    OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  SENATE NO. S02997, CALENDAR NO.

                    123, SENATOR PARKER (A01933, GALEF, PEOPLES-STOKES, GOTTFRIED,

                    PAULIN, DINOWITZ, ABINANTI, L. ROSENTHAL, WEPRIN, GLICK, THIELE,

                    BARRON, CARROLL, COLTON, DE LA ROSA, FAHY, JACOBSON, JONES, NORRIS,

                    QUART, SANTABARBARA, SEAWRIGHT, SIMON, STIRPE, TAYLOR, LAWLER,

                    ZINERMAN, J.D. RIVERA, GRIFFIN, BURDICK, JACKSON, OTIS, RAJKUMAR).

                    AN ACT TO AMEND THE REAL PROPERTY LAW, IN RELATION TO THE INSTALLATION

                    OR USE OF SOLAR POWER SYSTEMS WITHIN A HOMEOWNERS' ASSOCIATION.

                                 ACTING SPEAKER J.D. RIVERA:  AN EXPLANATION

                    HAS BEEN REQUESTED, MRS. GALEF.

                                 MRS. GALEF:  YES.  THIS BILL IS TO ENCOURAGE AND

                                         46



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                    PROMOTE SOLAR POWER, SPECIFICALLY WITH HOMEOWNERS' ASSOCIATIONS.

                    AND WHAT IT DOES, THE BILL WOULD ALLOW HOMEOWNERS TO INSTALL SOLAR

                    ENERGY SYSTEMS ON THEIR ROOFTOP IN CONSULTATION WITH THEIR

                    HOMEOWNERS' ASSOCIATION.  AND THE BILL WOULD PROHIBIT HOMEOWNERS'

                    ASSOCIATIONS WHICH ARE COMPRISED OF HOMES AND TOWNHOUSES AND

                    CONDO UNITS FROM UNREASONABLY RESTRICTING THE INSTALLATION OR USE OF A

                    ROOF -- ROOFTOP SOLAR POWER SYSTEM.  AND AS YOU ALL KNOW, WE HAVE A

                    GOAL IN NEW YORK STATE OF HAVING 70 PERCENT OF OUR ELECTRICITY BY

                    RENEWABLES BY 2030.  AND SO THIS IS VERY CONSISTENT WITH OUR POLICY TO

                    DO WHAT WE CAN TO ENCOURAGE SOLAR USE IN ALL AREAS OF -- OF BUSINESS

                    AND RESIDENTIAL.

                                 ACTING SPEAKER AUBRY:  MR. FITZPATRICK.

                                 MR. FITZPATRICK:  THANK YOU, MR. SPEAKER.

                    THANK YOU.  SANDY, I JUST -- JUST A COUPLE OF QUESTIONS IF -- IF THE

                    SPONSOR WOULD YIELD?

                                 MRS. GALEF:  CERTAINLY.

                                 ACTING SPEAKER AUBRY:  MRS. GALEF YIELDS.

                                 MR. FITZPATRICK:  OKAY.  THE -- THE -- WHEN YOU

                    TALK ABOUT HOMEOWNER -- HOMEOWNERS' ASSOCIATIONS, YOU -- YOU

                    IMMEDIATELY THINK OF CONDOMINIUMS.  BUT HOMEOWNERS' ASSOCIATIONS

                    COME IN OTHER FORMS.  THERE CAN BE SINGLE AND SEPARATE HOMES IN A

                    HOMEOWNERS' ASSOCIATION.  NOW, THE -- THE LAW AS YOU PROPOSE WOULD

                    DECLARE NULL AND VOID ANY -- ANY -- ANY RESTRICTION CURRENTLY ON --

                    IMPOSED BY A HOMEOWNERS' ASSOCIATION ON RESIDENTS, IS THAT CORRECT?

                                 MRS. GALEF:  AS -- AS YOU KNOW, WHEN YOU

                                         47



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                    BECOME A HOMEOWNERS' ASSOCIATION, IT ALSO INCLUDES TOWNHOUSES,

                    WHICH MANY OF THEM ARE NOT EVEN DETACHED -- I MEAN, ATTACHED TO

                    ANYTHING -- THEY HAVE TO PRESENT BYLAWS TO THE ATTORNEY GENERAL'S

                    OFFICE, AND THEY'RE RULES AND REGULATIONS.  AND WE'RE SAYING WITHIN THE

                    RULES AND REGULATIONS OF OUR HOMEOWNERS' ASSOCIATIONS, THEY SHOULDN'T

                    JUST OUTRIGHT BAN THE USE OF -- OF SOLAR ENERGY ON -- ON A -- A HOME.

                    AND THEY'RE -- THEY CAN IF THEY COME AS A HOMEOWNERS' ASSOCIATION AND

                    SAY, THIS -- THESE ARE THE REASONS THAT YOU CANNOT PUT A SOLAR ON THE

                    ROOF, AND PUT THAT IN WRITING AND SAY THAT, THIS IS WHAT WE BELIEVE YOU

                    CANNOT DO.  AND IT MAY BE BECAUSE THE ROOF ISN'T STRONG ENOUGH, IT'S TOO

                    OLD, OR WHATEVER IT IS.  ALSO, THE INDIVIDUAL -- THE HOMEOWNER, IF THEY

                    DON'T OWN THE ROOF, THEN THE HOMEOWNERS' ASSOCIATION CAN ALSO SAY, YOU

                    KNOW, THIS IS A COMMON ROOF.  YOU CANNOT PUT IT ON THAT PARTICULAR

                    ROOF.  SO THERE -- THERE'S SOME DIFFERENCES IN -- IN HOW IT IS

                    ORCHESTRATED.  BUT BASICALLY, WE'RE TRYING TO ENCOURAGE ENERGY USE.

                    YOU KNOW, I LIVE IN AN AREA WHERE WE'RE LOSING 2,000 MEGAWATTS OF

                    POWER FROM INDIAN POINT.  WE'VE LOST 1,000 ALREADY.  AND -- AND SO

                    WE'RE TRYING TO ENCOURAGE EVERYBODY TO -- TO THINK ABOUT SOLAR AND --

                    AND TO PARTICIPATE IN ALL THE WONDERFUL GOVERNMENT PROGRAMS ON A

                    FEDERAL LEVEL AND STATE LEVEL TO PUT SOLAR ON YOUR ROOF.  AND AT THE END

                    OF THE DAY, YOU SAVE A LOT OF MONEY AS -- AS -- YOU KNOW, AS A

                    PROPONENT OF USING THE SOLAR ENERGY, AND OF COURSE, YOU'RE -- YOU'RE

                    CONTRIBUTING TO THE WHOLE ISSUE OF OUR CLIMATE CONTROL.

                                 MR. FITZPATRICK:  VERY GOOD.  THANKS.  BUT -- SO,

                    IN -- IN THE -- WHERE THERE IS, YOU KNOW, COMMON WALLS, COMMON ROOF,

                                         48



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                    COMMON OWNERSHIP, THE HOMEOWNERS' ASSOCIATION MAY STILL IMPOSE

                    THAT RESTRICTION, BUT IT WOULD NEED -- IT WOULD NEED A VALID REASON TO DO

                    SO?  IS THAT --

                                 MRS. GALEF:  RIGHT.  IT ACTUALLY SAYS IN THE BILL IF IT

                    -- IF IT IS OWNED BY THE ASSOCIATION OR A COMMON, IT'S NOT YOUR OWN, IT'S

                    NOT YOUR OWN ROOF, THEN THEY -- THEY DON'T HAVE A REASON BECAUSE IT'S IN

                    THE LAW THAT SAYS YOU CANNOT, YOU CANNOT DO THAT.  IF YOU OWN YOUR ROOF

                    AND THE HOMEOWNERS' ASSOCIATION -- UP TO NOW, IN MANY OF THE CASES

                    THEY JUST SAY, NO, YOU CAN'T HAVE SOLAR.  THEY DON'T EVEN TELL YOU WHY.

                    SO WHAT WE'RE TRYING TO ENCOURAGE THEM TO DO IS SIT DOWN AS A

                    HOMEOWNERS' ASSOCIATION -- THERE IS A BOARD -- TO REVIEW THE SITUATION,

                    MAKE A DECISION, AND THEY CAN STILL SAY NO, BUT THEY HAVE TO HAVE A

                    VALID REASON FOR WHY THEY'RE SAYING NO.  AND, YOU KNOW, THERE HAVE

                    BEEN SOME COURT CASES ON AND OFF ON -- ON THIS ISSUE AND, YOU KNOW,

                    WE'RE TRYING TO PRECLUDE THOSE FROM HAPPENING.  AND WE HAVE SOME

                    OTHER STATES THAT HAVE DONE THIS.  THE WONDERFUL STATES OF ARIZONA WITH

                    LOTS OF SUN, AND CALIFORNIA AND FLORIDA.  BUT MASSACHUSETTS IS ALSO --

                    HAS ALSO DONE THIS.  SO, YOU KNOW, I THINK WE ARE THE BEGINNING OF A

                    TREND.  WE JUST WANT TO ENCOURAGE SOLAR AND I THINK, YOU KNOW, A LOT OF

                    MY CONSTITUENTS LOOK AROUND THE COMMUNITIES AND SEE -- THEY SEE ALL

                    THE SOLAR ON -- ON HOMES AND THEY SAY, WELL, WHY CAN'T WE HAVE THAT IN

                    OUR HOMEOWNERS' ASSOCIATION?  I'D LIKE TO SAVE MONEY, TOO, AND I'D LIKE

                    TO HELP THE WORLD WITH -- WITH CLIMATE CHANGE.

                                 MR. FITZPATRICK:  VERY GOOD.  SANDY, THANK YOU

                    VERY MUCH.

                                         49



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                                 MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MR.

                    FITZPATRICK.

                                 MR. FITZPATRICK:  THE -- THE SPONSOR HAS A -- I

                    UNDERSTAND HER DEDICATION TO THE ENVIRONMENT, AS WE ALL SHARE.  I -- I

                    DON'T THINK THIS IS A BAD BILL.  THE PROBLEM IS I THINK THE PEOPLE WHO

                    WISH TO LIVE IN A CONDOMINIUM NEED TO BE VERY CAREFUL OF GOING

                    FORWARD.  NO DOUBT THIS BILL WILL PASS.  BUT THEY NEED TO BE VERY CAREFUL

                    WHEN THEY SIGN ON THE DOTTED LINE TO MOVE INTO A CONDOMINIUM OR A --

                    A HOMEOWNERS' ASSOCIATION.  THEY NEED TO CHECK THE FINE PRINT VERY

                    CAREFULLY.  CLEARLY, WE ALL, YOU KNOW -- WE ALL SUPPORT THE GOAL OF -- OF,

                    YOU KNOW, CONVERSION TO RENEWABLES, AS -- AS -- AS MUCH AS REASONABLY

                    AND ECONOMICALLY FEASIBLE.  AS -- AS THAT GOAL IS, BUT THIS DEFINITELY

                    CHANGES THE NATURE OF LIVING IN A HOMEOWNERS' ASSOCIATION.  I AM

                    CONCERNED THAT EXISTING AGREEMENTS COULD BE RULED NULL AND VOID WHERE

                    THEY HAVE PUT THOSE RESTRICTIONS IN.  AND, YOU KNOW, WE ALL WANT TO

                    SAVE MONEY, BUT, YOU KNOW, AESTHETICS ARE IMPORTANT, TOO.  AND, YOU

                    KNOW, SOLAR PANELS, SOME PEOPLE LIKE THEM, SOME PEOPLE DON'T.  THEY

                    DON'T ALL LOOK VERY -- THEY'RE NOT ALL ATTRACTIVE-LOOKING.  SO -- AND IT'S

                    ONE REASON WHY PEOPLE MOVE INTO A CERTAIN TYPE OF COMMUNITY

                    BECAUSE THEY WANT A CERTAIN LOOK, THEY WANT A CERTAIN LIFESTYLE, AND THIS

                    WOULD BE POTENTIALLY FOREVER CHANGED.

                                 SO, THIS BILL IS A -- IT'S A REAL TOSS-UP.  I WILL SUPPORT IT,

                    BUT I -- I THINK IT'S GOING TO CHANGE THE NATURE OF HOMEOWNERS'

                    ASSOCIATION LIVING GOING FORWARD, AND I DO HAVE A CONCERN THAT, YOU

                                         50



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                    KNOW, THE NEXT POPULAR THING THAT COMES ALONG, IT MAY -- YOU KNOW,

                    WILL THIS REMOVE RESTRICTIONS ON, SAY, WIND TURBINES OR ANY OTHER SORT OF

                    ENERGY ALTERNATIVE THAT MAY BE MUCH MORE AESTHETICALLY UNAPPEALING

                    AS SOLAR PANELS.  SO, YOU KNOW, IF YOU SUPPORT THE ENVIRONMENT YOU'RE

                    GOING TO, I'M SURE, BE SUPPORTIVE OF THIS BILL.  BUT BUYER BEWARE.  READ

                    THE FINE PRINT GOING FORWARD IF YOU MOVE INTO A HOMEOWNERS'

                    ASSOCIATION.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU, MR.

                    FITZPATRICK.

                                 MR. GOODELL.

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

                    THE SPONSOR YIELD?

                                 ACTING SPEAKER AUBRY:  MRS. GALEF, WILL YOU

                    YIELD?

                                 MRS. GALEF:  YES, I WILL.

                                 ACTING SPEAKER AUBRY:  MRS. GALEF YIELDS.

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

                    KNOW, WHEN YOU BUY REAL PROPERTY, YOU GET A DEED.  AND THE DEED

                    DESCRIBES NOT ONLY THE DIMENSIONS OF WHAT YOU BUY, BUT IT CAN ALSO

                    DEFINE WHAT RIGHTS YOU ACQUIRE WITH THAT DEED.  SO IN OTHER WORDS, THE

                    DEED CAN SPECIFICALLY SAY THAT YOU GET MINIMAL RIGHTS OR YOU DON'T GET

                    MINIMAL RIGHTS.  IT CAN HAVE ANY NUMBER OF RESTRICTIONS.  A TYPICAL DEED

                    FOR A CONDOMINIUM OR A COOPERATIVE IN THE DEED ITSELF STATES THAT YOU

                    ARE NOT GETTING FULL OWNERSHIP, YOU DON'T HAVE THE SAME OWNERSHIP

                    RIGHTS THAT YOU WOULD GET IF YOU ARE BUYING A SIMPLE SINGLE-FAMILY

                                         51



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                    HOUSE UNDER SOLE OWNERSHIP.  THIS LEGISLATION THOUGH WOULD SAY IT

                    DOESN'T MATTER WHAT'S IN YOUR DEED, EVEN THOUGH YOUR DEED MAY

                    PROHIBIT YOU FROM PUTTING IN A SOLAR INSTALLATION WITHOUT APPROVAL OF

                    THE HOMEOWNERS' ASSOCIATION, THIS NOW GIVES YOU A NEW OWNERSHIP

                    INTEREST IN THE PROPERTY THAT'S NOT CONVEYED BY THE DEED, IS THAT CORRECT?

                                 MRS. GALEF:  WELL, THE OWNERSHIP CONTRACT THAT YOU

                    HAVE IS THERE AND IF THE HOMEOWNERS' ASSOCIATION WOULD BE REQUESTED

                    BY ONE OF THEIR HOMEOWNERS TO PUT SOLAR ON THEIR ROOF AND THAT ROOF

                    DOES NOT BELONG COOPERATIVELY WITH ANYONE, IT'S NOT COMMON ROOF, THEN

                    THE HOMEOWNERS' ASSOCIATION GATHERED TOGETHER CAN TALK ABOUT THE ISSUE

                    AND SAY, WELL, DO WE WANT TO DO THIS?  DO WE HAVE, LIKE, SIX PEOPLE

                    THAT OWN PROPERTY IN OUR HOMEOWNERS' ASSOCIATION THAT WANTS TO PUT

                    SOLAR ON THEIR ROOF?  MAYBE WE'LL DISCUSS THAT YOU COULD HAVE SOLAR ON

                    YOUR ROOF, BUT MAYBE IT WOULD HAVE TO BE TOWARD THE BACK OF THE

                    PROPERTY INSTEAD OF IN THE FRONT OF THE PROPERTY.  YOU CAN SIT AND

                    NEGOTIATE AND DISCUSS AND, AT THE END OF THE DAY, THE HOMEOWNERS'

                    ASSOCIATION CAN SAY NO.  WE'RE TRYING TO ENCOURAGE THEM TO DO THIS.

                                 YOU KNOW, I'M THINKING BACK BECAUSE I THINK WE

                    PASSED A BILL, I WAS PROBABLY HERE, MR. GOODELL WAS PROBABLY HERE,

                    THAT WOULD SAY THAT WE WOULD PROHIBIT THE INSTALLATION -- I MEAN, THAT

                    WE WOULD NOT ALLOW THE HOMEOWNERS' ASSOCIATION TO PROHIBIT SATELLITE

                    DISHES AT THEIR -- AT THEIR HOME.  AND SO, YOU KNOW, WHAT'S HAPPENED

                    OVER TIME IS THERE ARE NEW THINGS THAT HAVE COME ALONG AND WE HAVE TO

                    BE WILLING TO AT LEAST HAVE A DISCUSSION AS TO WHETHER WE SHOULD GO

                    FORWARD WITH THAT.  AND AGAIN, IF -- IF THE COMMUNITY WANTS TO SAY NO,

                                         52



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                    THEY HAVE THE ABILITY TO SAY NO.

                                 MR. GOODELL:  BUT ISN'T THE ENTIRE PURPOSE OF THIS

                    BILL TO LIMIT OR RESTRICT A HOMEOWNERS' ASSOCIATION'S ABILITY TO SAY NO?  I

                    MEAN, I'M LOOKING AT PAGE 2, IT SAYS, THE HOMEOWNERS' ASSOCIATION

                    MAY NOT ADOPT OR ENFORCE ANY RULES OR REGULATIONS THAT WOULD

                    EFFECTIVELY PROHIBIT OR IMPOSE UNREASONABLE LIMITATIONS ON THE

                    INSTALLATION OF ANY SOLAR SYSTEM, AND THAT'S PRETTY STRONG LANGUAGE,

                    RIGHT?

                                 MRS. GALEF:  RIGHT, BUT THEN IF YOU GO TO SECTION

                    4, IT SAYS, ANY DENIAL OF A HOMEOWNER'S INSTALLATION OF A SOLAR POWER

                    SYSTEM BY A HOMEOWNERS' ASSOCIATION MUST INCLUDE A DETAILED

                    DESCRIPTION OF THE EXACT BASIS FOR REJECTION IN WRITING WITH SPECIFIC

                    EXAMPLES OF THE HOMEOWNERS' ASSOCIATION CONCERNS.  SO ALL THEY HAVE

                    TO DO, I'M HOPING THEY DON'T, BUT ALL THEY HAVE TO DO IS SIT DOWN AND

                    WRITE AND SAY WHY WE DON'T WANT YOU TO DO THIS.  IT REMINDS ME OF A LOT

                    OF CO-OPS THAT PEOPLE, AND I THINK WE PASSED LAWS HERE, I KNOW WE DID

                    IN WESTCHESTER COUNTY, THAT WOULD, IF -- IF YOU'RE A CO-OP OWNER AND

                    YOU WANTED TO SELL, YOU HAD TO PUT IN WRITING WHY YOU REJECT THE SALE.

                    THIS IS THE SAME KIND OF LEGISLATION.  IT'S JUST PUTTING IN WRITING WHY

                    YOU'RE REJECTING THE USE OF A SOLAR SYSTEM ON -- ON A PROPERTY.

                                 BUT WHAT'S INTERESTING WITH THE DISCUSSION, MR.

                    GOODELL, IS THAT WHEN THE HOMEOWNERS GET TOGETHER, MAYBE THEY'LL LOOK

                    AT THEIR COMMUNITY HOUSE THAT THEY HAVE, OR THEIR POOL -- WELL, POOL

                    DOESN'T HAVE A ROOF, BUT -- OR IT MIGHT HAVE A ROOF, BUT THEY MIGHT WANT

                    TO LOOK AT SOME OF THE OTHER PARTS OF THEIR PROPERTY THAT ARE COORDINATED

                                         53



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                    WITH ALL OF THEIR RESIDENTS AND DECIDE THAT MAYBE IT WOULD BE GOOD TO

                    HAVE SOLAR ON THEIR COMMUNITY ROOM, THAT THEY COULD SAVE THOUSANDS

                    OF DOLLARS THAT EACH ONE OF THEM COULD SAVE.  SO I THINK IN THE PART OF

                    THE DISCUSSION YOU'RE GOING TO FIND THAT PEOPLE WILL COME UP WITH SOME

                    INTERESTING IDEAS, AND THIS CAME TO ME BECAUSE SOMEBODY CAME TO MY

                    OFFICE AND SAID, WE HAVE -- WE HAVE PEOPLE THAT WE WORK WITH THAT ARE

                    IN CONDOS AND THEY JUST WON'T -- THEY'LL JUST SAY NO, THAT'S IT.  THEY WON'T

                    SAY WHY, THEY JUST SAY NO.  AND WE'RE NOT GOING TO BE ABLE TO MOVE

                    FORWARD WITH HAVING ALTERNATIVE ENERGY IF WE DON'T ENCOURAGE

                    EVERYBODY TO DO THIS.  AND I MUST SAY THAT PEOPLE LOOK AROUND AT

                    NEIGHBORS AND THEY SEE ON INDIVIDUAL HOUSES PEOPLE PUTTING SOLAR,

                    THEY'RE SAVING MONEY, AND THEY WANT TO SAVE MONEY, TOO.  AND

                    ACTUALLY, I JUST WANT TO THROW IN HERE THAT THERE WAS A STUDY DONE BY THE

                    ZILLOW REAL ESTATE PEOPLE THAT SAID WHEN --

                                 MR. GOODELL:  MRS. GALEF, I APPRECIATE YOUR

                    EXPLANATION, BUT IF IT'S OKAY IF I CAN ASK A QUESTION?

                                 MRS. GALEF:  SURE.

                                 (LAUGHTER)

                                 MR. GOODELL:  I LOVE -- I LOVE DISCUSSING BILLS

                    WITH YOU, MRS. GALEF, YOU KNOW THAT.  I'M LOOKING AT PAGE 2, LINE 3, 4,

                    5, 6, AND AM I CORRECT THAT THAT LANGUAGE SAYS, A RESTRICTION IN USE

                    WHICH EFFECTIVELY PROHIBITS THE INSTALLATION OR USE OF A SOLAR SYSTEM IS

                    UNENFORCEABLE AND SHALL BE VOID AS A MATTER OF PUBLIC POLICY.  SO

                    BASED ON YOUR PREVIOUS ANSWER, IF I UNDERSTAND CORRECTLY, IF UNDER THIS

                    BILL IF A HOMEOWNERS' ASSOCIATION PUTS RESTRICTIONS ON AND THEY GIVE A

                                         54



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                    DETAILED EXPLANATION OF WHY THERE ARE RESTRICTIONS BUT DOES NOT PROHIBIT

                    THE INSTALLATION, THOSE RESTRICTIONS COULD BE VALID AS LONG AS THEY'RE NOT

                    UNREASONABLE, BUT WHAT THIS BILL WOULD PROHIBIT IS THE HOMEOWNERS'

                    ASSOCIATION FROM PROHIBITING ANY SOLAR INSTALLATION, IS THAT CORRECT?

                                 MRS. GALEF:  WELL, IT COULD BE, AND IT COULDN'T BE.

                                 MR. GOODELL:  WELL, AS A LAWYER, I ALWAYS LIKE TO

                    BE ABLE TO TELL MY CLIENT ONE THING OR THE OTHER, BUT AS YOU KNOW, AS A

                    LAWYER, WE RARELY ANSWER ANY QUESTIONS DIRECTLY, EITHER.

                                 MRS. GALEF:  RIGHT, AND I'M NOT EITHER.

                                 MR. GOODELL:  WHAT DO YOU -- WHAT DID YOU MEAN

                    WHEN YOU SAID A RESTRICTION ON USE THAT EFFECTIVELY PROHIBITS IT AS -- IS

                    INVALID?  ISN'T THAT PRETTY CLEAR?  OR DID YOU MEAN TO SAY IT'S INVALID

                    UNLESS THE HOMEOWNERS' ASSOCIATION HAS SOME REASONABLE REASON?

                                 MRS. GALEF:  THAT'S RIGHT; THAT'S RIGHT.

                                 MR. GOODELL:  THEN IF THIS COMES UP AGAIN, I

                    WOULD HOPE THAT WE CAN MAYBE TWEAK THE LANGUAGE TO REFLECT OUR

                    INTENT.

                                 ON THE BILL, SIR.

                                 AND AGAIN, THANK YOU, MRS. GALEF, FOR YOUR

                    EXPLANATION.

                                 MRS. GALEF:  YOU'RE WELCOME.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MR.

                    GOODELL.

                                 MR. GOODELL:  THIS -- THIS BILL IS UNIQUE BECAUSE IT

                    PROVIDES THAT A RESTRICTION ON SOLAR INSTALLATION CANNOT BE ENFORCED

                                         55



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                    EVEN IF IT'S IN THE HOMEOWNER'S DEED, EVEN IF BECAUSE IT'S IN THE

                    HOMEOWNER'S DEED THEY NEVER HAD THE POWER TO PUT IT UP AND THEY

                    NEVER HAD THE OWNERSHIP RIGHT TO PUT IT UP.  AND IT ALSO SAYS IT'S INVALID

                    EVEN IF IT'S IN YOUR CONTRACT, EVEN WHEN YOU WENT TO BUY IN TO THE

                    HOMEOWNERS' ASSOCIATION IN BOLD PRINT IT SAID, WARNING:  WHEN YOU

                    ENTER THIS HOMEOWNERS' ASSOCIATION, YOU AGREE TO OUR TERMS AND

                    CONDITIONS.  BY THE WAY, FILING AN EXISTING CONTRACT ALSO VIOLATES THE

                    FEDERAL CONSTITUTION WHICH SAYS THE STATE LEGISLATURE SHALL NOT ADOPT

                    ANY LEGISLATION THAT IMPAIRS THE VALIDITY OF AN EXISTING CONTRACT.  AND

                    THIS BILL OVERRIDES THE BYLAWS OF THE CORPORATION.

                                 NOW FOR THOSE OF YOU WHO HAVE NEVER BOUGHT A CONDO

                    OR COOPERATIVE OR SOMETHING SIMILAR, WHEN YOU BUY IN, YOUR DEED

                    REFERENCES THE BYLAWS AND REFERENCES THE PROCESS BY WHICH YOUR

                    NEIGHBORING OWNERS CAN CHANGE THE BYLAWS.  AND EVERYONE WHO BUYS

                    IN BUYS IN BECAUSE THEY UNDERSTAND THAT THE HOMEOWNERS' ASSOCIATION IS

                    GOING TO HAVE RULES AND REGULATIONS DEALING WITH AESTHETICS, WITH THE

                    COLORS, WITH WHAT YOU CAN PUT IN YOUR WINDOW, WHETHER YOU CAN PUT A

                    CONFEDERATE FLAG OUT.  ALL THOSE ARE REGULATED BY THE HOMEOWNERS'

                    ASSOCIATION AND EVERYONE WHO BUYS IN UNDERSTANDS THAT.  NOW ALL OF US

                    HERE TALK ABOUT DEMOCRACY, BUT NONE OF US HAVE BEEN ELECTED AS A

                    SUPER HOMEOWNERS' ASSOCIATION.  WE'RE NOT ELECTED TO THE BOARD OF THE

                    HOMEOWNERS' ASSOCIATION, THE HOMEOWNERS ARE.  AND THEY HAVE A

                    DEMOCRATIC PROCESS IN WHICH THEY DECIDE WHETHER OR NOT IT'S OKAY FOR

                    YOU TO PAINT THE OUTSIDE OF YOUR UNIT PURPLE, OR HANG A CONFEDERATE FLAG

                    OR ANYTHING ELSE.  AS A MATTER OF DEMOCRACY, WE SHOULD -- WE SHOULD

                                         56



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                    RESPECT THE FACT THAT THE HOMEOWNERS' ASSOCIATION HAS AN ELECTED BOARD

                    TO MAKE THESE DECISIONS AND THAT ALL THE HOMEOWNERS WHO BOUGHT IN

                    UNDERSTOOD THAT, UNDERSTOOD THEY'RE AESTHETIC RULES, UNDERSTOOD THEIR

                    RESTRICTIONS AND UNDERSTOOD THAT THEY WOULD HAVE A VOICE IF AND WHEN

                    THEY NEEDED TO BE CHANGED.

                                 AND SO IF YOU PROVIDE THAT CERTAIN HOMEOWNERS HAVE

                    THE ABSOLUTE RIGHT OR NOT, DEPENDING ON HOW YOU READ THE LANGUAGE, TO

                    PUT UP A SOLAR INSTALLATION, YOU ARE TRAMPLING THE RIGHTS OF EVERY OTHER

                    HOMEOWNER IN THAT ASSOCIATION.  SO LET'S RESPECT DEMOCRACY.  LET'S

                    RESPECT HUNDREDS OF YEARS OF REAL PROPERTY LAW THAT SAYS YOU ONLY

                    OWN WHAT YOUR DEED GIVES YOU.  LET'S RESPECT THE CONTRACTS THAT THESE

                    PEOPLE SIGNED WHERE THEY AGREED TO LIVE IN HARMONY WITH THEIR

                    NEIGHBORS, AND LET US NOT OVERRIDE THE VIEWS OF THE HOMEOWNERS'

                    ASSOCIATION BY MANDATING THAT THEY ALLOW SOLAR INSTALLATIONS EVEN IF NOT

                    APPROVED BY THEIR BYLAWS.

                                 THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT ON THE 60TH

                    DAY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE ON SENATE PRINT 2997.  THIS IS A PARTY VOTE.  ANY MEMBER WHO

                    WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION IS

                    REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS

                    PREVIOUSLY PROVIDED.

                                 MR. GOODELL.

                                         57



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                                 MR. GOODELL:  MR. SPEAKER, THIS WILL BE A PARTY

                    VOTE AND THE REPUBLICAN CONFERENCE WILL GENERALLY BE IN THE NEGATIVE

                    ON THIS BILL.  THOSE WHO'D LIKE TO VOTE AFFIRMATIVELY SHOULD PLEASE

                    CONTACT THE MINORITY LEADER'S OFFICE AND ADVISE THEM OF THEIR POSITION

                    ON CALENDAR NO. 123, WHICH IS A-1933.  THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  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.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU, MS.

                    HYNDMAN.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MRS. GALEF ON THE BILL -- TO EXPLAIN HER VOTE.

                                 (PAUSE)

                                 MRS. GALEF:  SORRY.  I WOULD JUST LIKE TO CONCLUDE

                    WITH THE FACT THAT THIS BILL IS SPONSORED -- OR SUPPORTED BY MANY

                    ORGANIZATIONS, ENVIRONMENTAL ADVOCATES, NEW YORK LEAGUE OF

                    CONSERVATION VOTERS, THE ALLIANCE FOR CLEAN ENERGY, AND I KNOW

                    SUSTAINABLE WESTCHESTER HAS DONE SO, TOO.

                                 LET ME JUST SAY THAT WE ESTABLISHED LONG AGO ALL THE

                    RULES AND REGULATIONS THROUGH THE ATTORNEY GENERAL'S OFFICE TO

                    ESTABLISH RULES AND REGULATIONS FOR THE HOMEOWNERS' ASSOCIATIONS.  AND

                    AT THAT POINT WHEN IT WAS DONE, I DON'T THINK ANYBODY REALLY THOUGHT

                                         58



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                    EITHER ABOUT SATELLITE DISHES, WHICH WE CORRECTED IN THE LAW, AND

                    NOBODY REALLY THOUGHT ABOUT SOLAR BECAUSE IT WASN'T AROUND, WE WERE

                    JUST USING GAS, OIL, MAYBE NUCLEAR AT THAT POINT.  SO WE'RE IN A DIFFERENT

                    TIME FRAME AND IT'S VERY IMPORTANT FOR US TO DO WHAT WE CAN TO

                    ENCOURAGE SOLAR ENERGY AND ALTERNATIVE ENERGY, BECAUSE THAT'S WHERE

                    WE'RE GOING IN OUR COUNTRY.  AND WHATEVER WAYS WE CAN DO THAT, AND

                    THIS IS ONE WAY THAT WE CAN AFFORD THAT, TO TRY TO ENCOURAGE IN OUR

                    HOMEOWNERS' ASSOCIATION THAT THEY DO ENCOURAGE SOLAR ENERGY USAGE.

                    IF THEY AREN'T GOING TO, THEY WON'T, BUT -- BUT THEY SHOULD.  AND AS I WAS

                    STARTING TO SAY, THERE WAS RESEARCH DONE BY THE ZILLOW AREA OF RESEARCH

                    AND INDICATING THAT WHEN PEOPLE DO SELL THEIR PROPERTIES, AND THEY

                    COULD GET AT LEAST A 4.1 PERCENT INCREASE IN THE VALUE OF THEIR PROPERTY.

                                 SO I THINK WE'RE ALL, YOU KNOW, WE'RE IN A CHANGING

                    WORLD.  WE'RE ALL LOOKING AT SOLAR, WE'RE LOOKING UPSTATE AT WIND OR OUT

                    ON THE ISLAND, IT'S A DIFFERENT PLACE AND WE NEED TO CHANGE WITH THE

                    TIMES AND JOIN THOSE OTHER STATES THAT HAVE DONE THE JOB THAT I THINK WE

                    WILL DO TODAY.  THANK YOU.  I VOTE YES.

                                 ACTING SPEAKER AUBRY:  MRS. GALEF IN THE

                    AFFIRMATIVE.

                                 MR. BURDICK.

                                 MR. BURDICK:  YES, MR. SPEAKER, TO EXPLAIN MY

                    VOTE.

                                 ACTING SPEAKER AUBRY:  PROCEED.

                                 MR. BURDICK:  THANK YOU, MR. SPEAKER.  AND I

                    WANT TO COMMEND THE SPONSOR FOR BRINGING FORTH THIS LEGISLATION WHICH

                                         59



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                    IS VERY MUCH NEEDED.  I APPLAUD HER WORK ON THIS AND AS A FORMER

                    CO-CHAIRMAN OF SUSTAINABLE WESTCHESTER AND WITH THE ENVIRONMENTAL

                    GROUPS THAT SEE THIS AS A REASONABLE AND SENSIBLE BILL, I WILL BE VOTING

                    IN THE AFFIRMATIVE.

                                 AND AS THE SPONSOR HAS EXPLAINED, THIS DOES NOT

                    PROHIBIT A HOMEOWNERS' ASSOCIATION FROM DENYING IT ON COMMON

                    ELEMENTS OR FOR PROVIDING THE REASON WHY THEY MIGHT TURN IT DOWN.

                    INSTEAD, IT PROVIDES AN OPPORTUNITY FOR DISCUSSION AND THE APPLICATION

                    OF REASONABLE BASES FOR HOW A SOLAR INSTALLATION CAN BE EFFECTUATED.

                    AND AS SHE ALSO EXPLAINED, IT'S MUCH MORE LIKELY TO INCREASE THE VALUE

                    OF THESE UNITS, AS THOSE WHO ARE INTERESTED IN PURCHASING ARE GOING TO

                    SEE THAT THEY WOULD THEN HAVE THE RIGHT, WITHIN LIMITATIONS, TO GO AHEAD

                    WITH SUCH SOLAR INSTALLATIONS.  AND FURTHER, AS WE ALL KNOW, IT IS SO

                    INCUMBENT UPON US TO DO EVERYTHING WE CAN TO HAVE THE STATE MEET ITS

                    OBLIGATIONS UNDER THE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION

                    ACT.

                                 AND SO AGAIN, MY THANKS TO SANDY GALEF FOR HER WORK

                    ON THIS.  I WILL BE VOTING IN THE AFFIRMATIVE.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU, MR.

                    BURDICK.

                                 MR. EPSTEIN TO EXPLAIN HIS VOTE.

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

                    EXPLAIN MY VOTE.  I WANT TO APPLAUD THE SPONSOR HERE FOR PUTTING FORTH

                    THIS LEGISLATION.  THE CRITICAL THING ABOUT HOMEOWNERS' ASSOCIATIONS, AS

                    WELL AS CO-OP AND CONDO BOARDS, IS THAT THEY HAVE ON EQUAL POWER

                                         60



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                    RELATIONS.  EVEN IN THOSE AGREEMENTS THAT THE HOMEOWNER SIGNS, THE

                    ASSOCIATION IN AND OF ITSELF MAINTAINS ALL THE POWER.  AND A LOT OF

                    PEOPLE MOVE INTO AN ASSOCIATION NOT REALLY KNOWING ALL THE FINE PRINT

                    BECAUSE IT'S -- DOCUMENTS ARE DOZENS, IF NOT HUNDREDS OF PAGES LONG,

                    AND THEY WANT TO LIVE IN THAT APARTMENT OR LIVE IN THAT HOME.  AND THEN

                    THEY LATER LEARN THAT THINGS LIKE SOLAR PANELS CAN'T BE INSTALLED.  IT'S

                    REALLY AN UNEQUAL POWER RELATIONSHIP.  IT'S OUR ATTEMPT AS GOVERNMENT

                    TO LEVEL THOSE POWER RELATIONS BY ALLOWING HOMEOWNERS THEIR

                    OPPORTUNITY TO PUT SOLAR PANELS ON THEIR OWN HOMES WHEN IT'S

                    REASONABLE.

                                 HISTORY HAS ALWAYS CHANGED ISSUES.  YOU KNOW, WE'VE

                    SEEN RACIAL COVENANTS IN DEEDS THAT HAVE BECOME UNCONSTITUTIONAL.

                    THE IDEA OF PUTTING UP A CONFEDERATE FLAG COULD BE AN ISSUE THAT WE

                    CAN SAY ISN'T APPROPRIATE IN AN ASSOCIATION.  THERE ARE LOTS OF

                    LIMITATIONS ON WHAT PEOPLE CAN DO AND LOTS OF FREEDOM TO ALLOW PEOPLE

                    TO DO THINGS THAT ARE APPROPRIATE.  AS TIME CHANGES, LEGISLATION

                    CHANGES.  I APPLAUD THE SPONSOR FOR MOVING THIS FORWARD.  I ENCOURAGE

                    MY COLLEAGUES TO VOTE IN THE AFFIRMATIVE.  I WILL BE DOING THE SAME.

                                 ACTING SPEAKER AUBRY:  MS. WALSH.

                                 MS. WALSH:  THANK YOU, MR. SPEAKER.  WOULD YOU

                    PLEASE RECORD THE FOLLOWING MEMBERS IN THE AFFIRMATIVE ON THIS BILL:

                    MR. BROWN, MR. BYRNE, MR. DURSO, MR. JENSEN, MR. LAWLER, MS.

                    MILLER, MR. MONTESANO, AND MR. MORINELLO.

                                 ACTING SPEAKER AUBRY:  THANK YOU.  SO

                    NOTED.

                                         61



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                                 MS. WALSH:  OH, AND I'M SORRY, MR. GALLAHAN, AS

                    WELL.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  SO NOTED.

                                 MS. WALSH:  THANK YOU.

                                 ACTING SPEAKER AUBRY:  ANNOUNCE THE

                    RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A03970, CALENDAR NO.

                    128, ABINANTI, BARRON, ZINERMAN.  AN ACT TO AMEND THE PUBLIC HEALTH

                    LAW, IN RELATION TO NOTIFYING LOCAL OFFICIALS OF THE OCCURRENCE OF CERTAIN

                    EMERGENCY SITUATIONS.

                                 MR. GOODELL:  ON THE BILL, SIR.

                                 ACTING SPEAKER AUBRY:  MR. GOODELL ON THE

                    BILL.

                                 MR. GOODELL:  THANK YOU, SIR.  THIS BILL WOULD

                    REQUIRE THAT WHEN THERE'S AN IMMINENT IMPERILMENT TO THE PUBLIC HEALTH

                    OR SAFETY, IN ADDITION TO ALL THE INDIVIDUALS THAT THEY WOULD OTHERWISE

                    HAVE TO NOTIFY, THE COUNTY HEALTH COMMISSIONER MUST NOTIFY THE CHIEF

                    EXECUTIVE OFFICER OF EVERY MUNICIPALITY THAT MIGHT BE AFFECTED BY THE

                    EMERGENCY, EVERY MEMBER OF THE LEGISLATIVE BODY IN THE COUNTY, AND IF

                    THE EMERGENCY HAPPENS TO AFFECT ANOTHER COUNTY, THE COUNTY HEALTH

                    COMMISSIONER IN THE AFFECTED ADJOINING OR OTHER COUNTIES.  AND THERE'S

                    BEEN A LOT OF CONCERN EXPRESSED BECAUSE, ESPECIALLY IN SMALLER

                    COUNTIES, IF THERE'S AN EMERGENCY THAT AFFECTS PEOPLE'S LIFE, IMMINENT

                                         62



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                    IMPERILMENT, MOST OF US WANT OUR HEALTH COMMISSIONER FOCUSED ON

                    SOLVING THE ISSUE AND ADDRESSING THE CRISIS RATHER THAN TO REACH OUT TO

                    DOZENS OR MAYBE HUNDREDS OF ELECTED OFFICIALS TO LET THEM KNOW THAT

                    THERE'S AN IMMINENT HEALTH CRISIS THAT THE HEALTH COMMISSIONER IS NOT

                    WORKING ON BECAUSE THE HEALTH COMMISSIONER OR THEIR STAFF IS

                    CONTACTING ELECTED OFFICIALS.

                                 AS AN ELECTED OFFICIAL, I ALWAYS APPRECIATE BEING

                    NOTIFIED, BUT I APPRECIATE IT EVEN MORE WHEN THE COUNTY HEALTH

                    COMMISSIONER AND THEIR STAFF ARE FOCUSED ON DOING THEIR JOB OF SOLVING

                    THE CRISIS RATHER THAN NOTIFYING HUNDREDS OF OFFICIALS.  FOR THAT REASON,

                    THERE'S BEEN A LOT OF NO VOTES IN THE PAST AND I WOULD ENCOURAGE MY

                    COLLEAGUES TO VOTE, AGAIN, IN THE NEGATIVE.  THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  THANK YOU, MR.

                    GOODELL.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE ON A-3970.  THIS IS A PARTY VOTE.  ANY MEMBER WHO WISHES TO

                    BE RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION IS REMINDED TO

                    CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

                    PROVIDED.

                                 (PAUSE)

                                 MR. GOODELL.

                                 MR. GOODELL:  THANK YOU, SIR.  THIS WILL BE A

                    CONFERENCE VOTE.  THE REPUBLICAN CONFERENCE IS GENERALLY OPPOSED TO

                                         63



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                    THIS LEGISLATION.  THOSE WHO WOULD LIKE TO VOTE IN FAVOR SHOULD CALL THE

                    MINORITY LEADER'S OFFICE.  THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  THIS IS A PARTY VOTE IN THE AFFIRMATIVE.  COLLEAGUES DESIRING

                    TO BE AN EXCEPTION SHOULD FEEL FREE TO CONTACT MY OFFICE AND WE WILL SO

                    RECORD YOUR VOTE.

                                 ACTING SPEAKER AUBRY:  THANK YOU, MRS.

                    PEOPLES-STOKES.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. ABINANTI TO EXPLAIN HIS VOTE.

                                 MR. ABINANTI:  THANK YOU, MR. SPEAKER.  THIS BILL

                    REQUIRES THE COUNTY HEALTH COMMISSIONER TO NOTIFY APPROPRIATE LOCAL

                    OFFICIALS IN THE EVENT OF A HEALTH EMERGENCY WHENEVER THE HEALTH

                    COMMISSIONER DECIDES IT'S NECESSARY TO NOTIFY OTHERS ABOUT THE HEALTH

                    EMERGENCY.  THIS STEMS FROM SEVERAL INCIDENTS IN WESTCHESTER COUNTY

                    WHERE THE HEALTH COMMISSIONER NEGLECTED TO NOTIFY THE LOCAL MAYOR OF

                    AN INCIDENT THAT WAS OCCURRING IN HER VILLAGE, WHEN IT WOULD HAVE BEEN

                    HELPFUL TO HAVE THE LOCAL POLICE DEPARTMENT AND THE LOCAL PUBLIC WORKS

                    DEPARTMENT IMMEDIATELY ON THE SCENE AND NOT SHOW UP MUCH LATER

                    WHEN THE MAYOR HEARD ABOUT THE INCIDENT FROM NEIGHBORS.

                                 THIS BILL HAS PASSED THE ASSEMBLY THREE TIMES.  NOW

                    WE'RE HOPEFUL THAT IT'S GOING TO PASS THE SENATE AND BECOME LAW.  IT'S

                    COMMONSENSE.  WITH THE MODERN MEANS OF TECHNOLOGY, THESE NOTICES

                                         64



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                    CAN BE DONE WITH THE PRESS OF A BUTTON.  WHEN I WAS THE HEALTH CHAIR

                    OF THE WESTCHESTER BOARD OF LEGISLATORS HEALTH COMMITTEE, I FOUND IT

                    VERY HELPFUL TO BE NOTIFIED SO THAT I COULD MAKE SURE THAT LOCAL OFFICIALS

                    WERE AWARE SO THAT THEIR VOLUNTEER FIRE DEPARTMENT COULD BE ON THE

                    SCENE AND SO THAT WE COULD ANSWER QUESTIONS FROM THE PUBLIC AND, IF

                    NECESSARY, AID IN GETTING THE INFORMATION OUT TO THE PUBLIC EITHER TO STAY

                    INDOORS OR TO EVACUATE.  THIS IS ESPECIALLY IMPORTANT IN SMALL

                    COMMUNITIES WHERE THEY DON'T HAVE THAT LARGE NETWORK OF PEOPLE WHO

                    CAN GIVE THE INFORMATION TO THE PUBLIC.

                                 SO I URGE MY COLLEAGUES TO VOTE IN THE AFFIRMATIVE.  IT

                    IS A COMMONSENSE MEASURE USING MODERN TECHNOLOGY.  THANK YOU, MR.

                    SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.  MR.

                    ABINANTI IN THE AFFIRMATIVE.

                                 MR. LAWLER.

                                 MR. LAWLER:  YES, THANK YOU, MR. SPEAKER.  I

                    APPRECIATE THE SPONSOR PUTTING THIS BILL FORWARD.  I THINK OFTENTIMES

                    WHEN WE'RE DEALING WITH PUBLIC HEALTH CRISES, COMMUNICATION IS

                    CRITICAL.  AND SO I THINK IT'S VERY IMPORTANT THAT ANY TIME AN INCIDENT IS

                    OCCURRING WITHIN A LOCAL COMMUNITY THAT IT IS VERY HELPFUL FOR THE LOCAL

                    ELECTED OFFICIALS TO BE MADE AWARE OF IT, YOU KNOW, SO THAT THEY CAN

                    DEAL WITH AND INTERACT WITH THEIR RESIDENTS AND COMMUNICATE AND HELP

                    ENSURE THAT ANY INFORMATION THAT NEEDS TO GET OUT THERE DOES GET OUT

                    THERE APPROPRIATELY.  OFTENTIMES, YOU KNOW, A LOCAL SUPERVISOR OR

                    MAYOR MAY HAVE THE ABILITY TO GET THE MESSAGE OUT THERE TO A MUCH

                                         65



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                    BROADER AUDIENCE.  SO IT'S ALWAYS HELPFUL WHEN THE LOCAL HEALTH

                    DEPARTMENT IS COOPERATING WITH OUR LOCAL MUNICIPAL OFFICIALS, AND SO I

                    VOTE IN THE AFFIRMATIVE ON THIS BILL.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  MR.

                    LAWLER IN THE AFFIRMATIVE.

                                 MR. BYRNE TO EXPLAIN HIS VOTE.

                                 MR. BYRNE:  THANK YOU, MR. SPEAKER.  I WANT TO

                    THANK THE SPONSOR FOR EXPLAINING HIS VOTE.  WE HAVE DISCUSSED THIS

                    SEVERAL YEARS NOW IN THE HEALTH COMMITTEE, AS WELL AS ON THE FLOOR IN

                    THE DEBATE, AND I -- I APPRECIATE WHAT HE'S TRYING TO DO AS FAR AS

                    INCREASING COMMUNICATION BETWEEN EXECUTIVES IN PARTICULAR.  I -- I SEE

                    HIS POINT ABOUT LOCAL POLICE DEPARTMENTS, DEPARTMENT OF PUBLIC WORKS

                    AND THE MAYOR OR TOWN SUPERVISOR, BUT THIS BILL IS MORE EXPANSIVE AND

                    INCLUDES COUNTY LEGISLATORS.  AND I DO HAVE THE SAME CONCERNS THAT

                    WERE EXPRESSED BY GROUPS LIKE THE NEW YORK STATE ASSOCIATION OF

                    COUNTY HEALTH OFFICIALS AND THE SAME CONCERNS THAT WERE EXPRESSED BY

                    OUR MINORITY -- ASSISTANT MINORITY LEADER, OR MINORITY LEADER PRO

                    TEM, MR. GOODELL, SO I WILL BE VOTING IN THE NEGATIVE.  AND IF THIS DOES

                    PASS, PERHAPS THERE CAN BE A CHAPTER AMENDMENT TO NARROW IT A LITTLE BIT

                    AND THEN IN WHICH CASE I'LL BE HAPPY TO SUPPORT A CHAPTER AMENDMENT.

                    THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MR. BYRNE IN THE

                    NEGATIVE.

                                 MR. GOODELL.

                                 MR. GOODELL:  THANK YOU, SIR.  PLEASE RECORD THE

                                         66



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                    FOLLOWING REPUBLICAN MEMBERS IN THE AFFIRMATIVE:  MR. ASHBY, MR.

                    LAWLER - THAT'D BE MICHAEL LAWLER - AND MR. MONTESANO.  THANK YOU,

                    SIR.

                                 ACTING SPEAKER AUBRY:  SO NOTED, THANK YOU.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  IF YOU COULD RECORD OUR COLLEAGUE, MEMBER GLICK, IN THE

                    NEGATIVE ON THIS ONE.

                                 ACTING SPEAKER AUBRY:  SO NOTED, THANK YOU.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, DO YOU

                    HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?

                                 ACTING SPEAKER AUBRY:  WE HAVE A NUMBER OF

                    FINE RESOLUTIONS WHICH WE WILL TAKE UP WITH ONE VOTE.  ON THE

                    RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO.  THE

                    RESOLUTIONS ARE ADOPTED.

                                 (WHEREUPON, ASSEMBLY RESOLUTION NOS. 120-123

                    WERE UNANIMOUSLY APPROVED.)

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, I NOW

                    MOVE THAT THE ASSEMBLY STAND ADJOURNED UNTIL 11:30 A.M., TUESDAY

                    MARCH THE 23RD, TOMORROW BEING A SESSION DAY.

                                         67



                    NYS ASSEMBLY                                                   MARCH 22, 2021

                                 ACTING SPEAKER AUBRY:  THE ASSEMBLY STANDS

                    ADJOURNED.

                                 (WHEREUPON, AT 5:13 P.M., THE ASSEMBLY STOOD

                    ADJOURNED UNTIL TUESDAY, MARCH 23RD AT 11:30 A.M., TUESDAY BEING A

                    SESSION DAY.)









































                                         68