MONDAY, MAY 10, 2021 2:57 P.M.
ACTING SPEAKER AUBRY: THE HOUSE WILL COME
TO ORDER.
AS WE OPEN TODAY'S SESSION, LET US PAUSE FOR A
MOMENT OF SILENCE IN HONOR OF OUR FRIEND, COLLEAGUE AND FORMER
SPEAKER PRO TEM AURELIA GREENE OF THE BRONX. SHE PASSED AWAY ON
SATURDAY. WHILE WE WILL HONOR THIS REMARKABLE WOMAN AND OTHER
COLLEAGUES WHOM WE HAVE LOST DURING OUR TRADITIONAL MEMORIAL LATER IN
THIS SESSION, IT IS FITTING TO DEDICATE A MOMENT OF SILENCE AS OUR
REMEMBRANCE OF HER DEDICATION TO PUBLIC SERVICE AND TO THIS HOUSE AND
TO OUR SOURCE OF LOSS AT HER PASSING.
(WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)
VISITORS ARE INVITED TO JOIN THE MEMBERS IN THE PLEDGE
OF ALLEGIANCE.
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NYS ASSEMBLY MAY 10, 2021
(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND
MEMBERS IN THE PLEDGE OF ALLEGIANCE.)
A QUORUM BEING PRESENT, THE CLERK WILL READ THE
JOURNAL OF SATURDAY, MAY 8TH.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I MOVE TO
DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF SATURDAY, MAY THE
8TH AND ASK THAT THE SAME STAND APPROVED.
ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO
ORDERED.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. IT'S A PLEASURE TO WELCOME COLLEAGUES BACK TO THE CHAMBERS,
BOTH WHO ARE WITH US HERE IN THE BUILDING AND THOSE WHO ARE WITH US
REMOTELY. I WOULD LIKE TO SHARE A QUOTE. THIS ONE AGAIN IS FROM
CAROLINE MYSS. YOU CAN PROBABLY TELL, I'VE BEEN DOING A LOT OF HER
READING LATELY. SHE SAYS, "WE ARE NOT DESIGNED TO BE CRITICAL OF OTHERS
OR OURSELVES; WE THINK ILL OF OTHERS ONLY OUT OF FEAR." AGAIN, THIS IS
FROM CAROLINE MYSS. SHE'S A NEW YORK TIMES BEST-SELLING AUTHOR,
INTERNATIONALLY RENOWNED SPEAKER AND A SPEAKER PARTICULARLY ON THE
ISSUES OF HUMAN CONSCIOUSNESS.
MR. SPEAKER, MEMBERS SHOULD BE MINDFUL THAT THIS IS
THE FIRST SESSION DAY OF THE 19TH WEEK OF THE 244TH LEGISLATIVE SESSION.
AND THAT COLLEAGUES HAVE ON THEIR DESK A MAIN CALENDAR WITH 58 NEW
BILLS. THIS CALENDAR GOES FROM CALENDAR NO. 280 TO CALENDAR NO.
337. OUR PRINCIPAL WORK FOR TODAY WILL BE TAKING UP RESOLUTIONS ON
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NYS ASSEMBLY MAY 10, 2021
PAGE 3 AND THEN WE WILL CONSENT ALL OF THE NEW BILLS, MR. SPEAKER,
BEGINNING AGAIN WITH CALENDAR NO. 280. AND I'LL HAVE AN OPPORTUNITY
PERHAPS LATER TO ANNOUNCE ANY FURTHER BILLS THAT WE MAY DO AND/OR TAKE
UP ANY DEBATES THAT WE MAY TAKE UP. THAT FOR SURE THERE'S GOING TO BE
A NEED FOR MAJORITY CONFERENCE IMMEDIATELY FOLLOWING THE CONCLUSION
OF OUR WORK ON THE FLOOR TODAY AND, MR. SPEAKER, AS ALWAYS I'LL CONSULT
WITH OUR COLLEAGUES ON THE OTHER SIDE TO DETERMINE WHAT THEIR NEEDS
ARE. THAT'S THE GENERAL OUTLINE OF WHERE WE'RE GOING TODAY. IF THERE ARE
ANY INTRODUCTIONS OR HOUSEKEEPING, NOW WOULD BE A GREAT TIME, SIR.
ACTING SPEAKER AUBRY: WE HAVE ONE ITEM OF
HOUSEKEEPING, MS. MAJORITY LEADER.
ON A MOTION BY MR. GOTTFRIED, PAGE 16, CALENDAR NO.
30, BILL NO. A126, AMENDMENTS ARE RECEIVED AND ADOPTED.
PAGE 3, ASSEMBLY NO. 256 ON RESOLUTIONS. THE CLERK
WILL READ.
THE CLERK: ASSEMBLY RESOLUTION NO. 256, MR.
KIM. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW M.
CUOMO TO PROCLAIM MAY 2021 AS OLDER NEW YORKERS MONTH IN THE
STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 257, MS.
HUNTER. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW M.
CUOMO TO PROCLAIM MAY 2021 AS BUILDING SAFETY MONTH IN THE STATE
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NYS ASSEMBLY MAY 10, 2021
OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 258, MS.
DARLING. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW M.
CUOMO TO PROCLAIM MAY 2021 AS FOSTER CARE MONTH IN THE STATE OF
NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 259, MS.
BUTTENSCHON. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM JULY 2021 AS ICE CREAM MONTH IN THE
STATE OF NEW YORK.
ACTING SPEAKER AUBRY: MS. BUTTENSCHON ON
THE RESOLUTION.
MS. BUTTENSCHON: THANK YOU, MR. SPEAKER.
DAIRY FARMERS ARE A VITAL -- ARE A VITAL PART OF NEW YORK STATE'S VIBRANT
AGRICULTURAL COMMUNITY THAT HELPS FUEL THE NEW YORK STATE ECONOMY.
WHILE THERE ARE SEVERAL TASTY DAIRY PRODUCTS PRODUCED IN OUR STATE, THE
SWEETEST IS THAT OF OUR ICE CREAM. THERE REALLY ISN'T ANYTHING BETTER
THAN A NICE SCOOP OF ICE CREAM OF YOUR FAVORITE FLAVOR ON A HOT SUMMER
DAY. THAT IS WHY IT'S FITTING TO HAVE THIS RESOLUTION PROCLAIMING JULY OF
THIS YEAR AS ICE CREAM MONTH IN THE STATE OF NEW YORK. WHILE MANY
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NYS ASSEMBLY MAY 10, 2021
OF US TAKE THESE DELICIOUS TREATS FOR GRANTED, OUR FARMERS WORK
DILIGENTLY TO ENSURE THAT MILK PRODUCTS ARE PRODUCED IN THE STATE OF
NEW YORK TO CREATE THIS ICE CREAM. SO THROUGH A LIFETIME A DAIRY COW
CAN PRODUCE ENOUGH MILK FOR ABOUT 9,000 GALLONS OF ICE CREAM. THIS
JULY AS YOU'RE OUT AND ABOUT BE SURE TO ENJOY A NICE COOL ICE CREAM THAT
IS PRODUCED IN THE FINE STATE OF NEW YORK. THANK YOU.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 260, MR.
SMITH. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW M.
CUOMO TO PROCLAIM MAY 2021 AS BRAIN TUMOR AWARENESS MONTH IN
THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
PAGE 4, CALENDAR NO. 280, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00216, CALENDAR NO.
280, GOTTFRIED, PAULIN. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN
RELATION TO RETAIL CLINICS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00256, CALENDAR NO.
281, PAULIN, DINOWITZ, ENGLEBRIGHT, GALEF, GRIFFIN, JACOBSON,
MCDONOUGH, SEAWRIGHT. AN ACT TO AMEND THE GENERAL BUSINESS LAW,
IN RELATION TO THE PROHIBITION OF THE SALE OF INFANT INCLINED SLEEPERS AND
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NYS ASSEMBLY MAY 10, 2021
THE RESTRICTION OF THE USE OF SUCH SLEEPERS IN CERTAIN SETTINGS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 60TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 256. THIS IS A -- I'M SORRY, 256. 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. FIRST VOTE OF THE DAY, MEMBERS.
(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. A00267, CALENDAR NO.
282, GUNTHER, RODRIGUEZ. AN ACT TO AMEND THE ARTS AND CULTURAL
AFFAIRS LAW AND THE ECONOMIC DEVELOPMENT LAW, IN RELATION TO
CREATING THE ARTS AND CULTURAL DISTRICT.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 120TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 267. 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.)
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NYS ASSEMBLY MAY 10, 2021
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A00306, CALENDAR NO.
283, GOTTFRIED, CAHILL, J. RIVERA, GLICK, PAULIN, COOK, PERRY,
ENGLEBRIGHT, O'DONNELL, L. ROSENTHAL, HEVESI, BRONSON, FAHY,
DICKENS, TAYLOR, SIMON, BARRON, SAYEGH, CRUZ, REYES, ABINANTI,
DARLING, FERNANDEZ, GALLAGHER, GRIFFIN, SEAWRIGHT, BURDICK, KELLES,
JACKSON, LAVINE, GONZÁLEZ-ROJAS, BICHOTTE HERMELYN, OTIS. AN ACT TO
AMEND THE PUBLIC HEALTH LAW, THE EDUCATION LAW AND THE LABOR LAW,
IN RELATION TO PROHIBITING PARTICIPATION IN TORTURE AND IMPROPER
TREATMENT OF PRISONERS BY HEALTH CARE PROFESSIONALS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00394, CALENDAR NO.
284, ZEBROWSKI, JACOBSON. AN ACT TO AMEND THE VEHICLE AND TRAFFIC
LAW, IN RELATION TO PROHIBITING RETAIL DEALERS OF SECOND HAND MOTOR
VEHICLES FROM SELLING MOTOR VEHICLES REQUIRED TO CONTAIN AN INFLATABLE
RESTRAINT SYSTEM BY THE FEDERAL MOTOR VEHICLE SAFETY STANDARD
APPLICABLE TO THAT VEHICLE UNLESS SUCH VEHICLE IS EQUIPPED WITH AN
INFLATABLE RESTRAINT SYSTEM WHICH CONFORMS TO THE FEDERAL MOTOR
VEHICLE SAFETY STANDARD APPLICABLE TO THAT VEHICLE.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00502, CALENDAR NO.
285, CARROLL, CAHILL, ENGLEBRIGHT, JACOBSON, LUPARDO, ANDERSON,
JACKSON, GALEF, MITAYNES, L. ROSENTHAL, BURDICK, OTIS. CONCURRENT
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NYS ASSEMBLY MAY 10, 2021
RESOLUTION OF THE SENATE AND ASSEMBLY PROPOSING AN AMENDMENT TO
SECTION 5 OF ARTICLE 2 OF THE CONSTITUTION, IN RELATION TO THE TEN DAY
ADVANCE REGISTRATION REQUIREMENT.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
CARROLL, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00564-A, CALENDAR
NO. 286, PAULIN, MCDONOUGH, SEAWRIGHT, DINOWITZ, FAHY, GOTTFRIED,
WEPRIN, PHEFFER AMATO, SIMON. AN ACT TO AMEND THE GENERAL
BUSINESS LAW, IN RELATION TO PROHIBITING THE SALE OF INFANT WALKERS AND
RESTRICTING THE USE OF SUCH INFANT WALKERS IN CERTAIN SETTINGS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00662, CALENDAR NO.
287, L. ROSENTHAL. AN ACT TO AMEND THE LIEN LAW, IN RELATION TO
ADDING CERTAIN NOTICE REQUIREMENTS FOR ENFORCING LIENS ON GOODS IN
SELF-STORAGE FACILITIES AND PROHIBITING ENFORCEMENT OF SUCH LIENS DURING
THE COVID-19 STATE DISASTER EMERGENCY.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00715, CALENDAR NO.
288, L. ROSENTHAL, WEPRIN. AN ACT TO AMEND THE PUBLIC HEALTH LAW
AND THE EDUCATION LAW, IN RELATION TO AUTHORIZING EMERGENCY MEDICAL
SERVICE PERSONNEL TO PROVIDE BASIC FIRST AID TO CATS AND DOGS UNDER
CERTAIN CIRCUMSTANCES.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00826, CALENDAR NO.
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NYS ASSEMBLY MAY 10, 2021
289, WALLACE. AN ACT TO AMEND THE GENERAL MUNICIPAL LAW, IN
RELATION TO PERMITTING THE DEPEW UNION FREE SCHOOL DISTRICT TO
ESTABLISH AN INSURANCE RESERVE FUND.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
WALLACE, 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 2675. 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. A01202, CALENDAR NO.
290, SEAWRIGHT, SIMON, EICHENSTEIN, DICKENS, ROZIC, GALEF. AN ACT TO
AMEND THE PENAL LAW, IN RELATION TO MANDATED TRAINING OR COUNSELING
IN HATE CRIME PREVENTION AND EDUCATION FOR INDIVIDUALS CONVICTED OF
HATE CRIMES.
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 1202. THIS IS A FAST ROLL CALL. ANY MEMBER
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NYS ASSEMBLY MAY 10, 2021
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. SEAWRIGHT TO EXPLAIN HER VOTE.
MS. SEAWRIGHT: THANK YOU, MR. SPEAKER, FOR
ALLOWING ME TO RISE AND EXPLAIN MY VOTE. I RISE IN SUPPORT OF THIS
IMPORTANT LEGISLATION. EARLIER TODAY I WAS WITH SENATOR STAVISKY IN A
PARK TO MEET WITH A 15-YEAR-OLD WHO WAS A VICTIM OF A HATE CRIME.
HATE HAS NO PLACE IN NEW YORK STATE. THERE HAS BEEN A DISTURBING -- A
DISTURBING RISE IN HATEFUL ACTS OF VIOLENCE IN NEW YORK AND ACROSS THE
NATION. IN AUGUST OUR GOVERNMENT DISTRICT OFFICE WAS THE SUBJECT OF AN
ANTI-SEMITIC ATTACK, WHITE PAINT AND AN ANTI-SEMITIC NOTE LEFT AT THE
DOOR WITH TWO MORE ATTACKS FOLLOWING ON OUR DISTRICT OFFICE AND OUR
CAMPAIGN OFFICE. OUR LEGISLATION WILL MAKE ANTI-HATE TRAINING FOR
EVERY PERSON CONVICTED OF A HATE CRIME. PROMOTING TOLERANCE AND
RESPECT FOR OTHERS IS ESSENTIAL TO KEEPING OUR COMMUNITY SAFE. MR.
SPEAKER, I'M PLEASED TO CAST MY VOTE IN THE AFFIRMATIVE AND I THANK MY
COLLEAGUES FOR SUPPORTING THIS IMPORTANT LEGISLATION.
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A01360-A, CALENDAR
NO. 291, MAGNARELLI, LUPARDO, SANTABARBARA, WOERNER, BRONSON. AN
ACT TO AMEND THE TRANSPORTATION LAW, IN RELATION TO THE INTERAGENCY
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NYS ASSEMBLY MAY 10, 2021
COORDINATING COMMITTEE ON RURAL PUBLIC TRANSPORTATION; AND TO AMEND
THE SOCIAL SERVICES LAW, IN RELATION TO THE TRANSPORTATION OF ELIGIBLE
PERSONS RESIDING IN A RURAL AREA.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
MAGNARELLI, 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 1509. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A01524, CALENDAR NO.
292, REYES, EPSTEIN, GOTTFRIED, D. ROSENTHAL, L. ROSENTHAL, AUBRY,
SIMON, O'DONNELL, JOYNER, JEAN-PIERRE, MONTESANO, STIRPE, BARRON,
COOK, TAYLOR, WILLIAMS, CRUZ, ABBATE, WOERNER, NIOU, HUNTER,
JACOBSON, LAVINE, DICKENS, DINOWITZ, COLTON, HEVESI, LUPARDO,
SEAWRIGHT, ANDERSON, GRIFFIN, SILLITTI, EICHENSTEIN, FERNANDEZ,
GALLAGHER, OTIS, JACKSON, ENGLEBRIGHT, DARLING, ZINERMAN, BARNWELL,
NOLAN, RAJKUMAR, MAMDANI, LUNSFORD, RODRIGUEZ, FORREST, THIELE,
RAMOS, RICHARDSON. AN ACT TO AMEND THE SOCIAL SERVICES LAW, IN
RELATION TO ESTABLISHING A STATEWIDE RESTAURANT MEALS PROGRAM AS PART
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NYS ASSEMBLY MAY 10, 2021
OF THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
ON A MOTION BY MS. REYES, THE SENATE BILL IS BEFORE THE HOUSE. THE
SENATE BILL IS ADVANCED. AND AGAIN THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A02147, CALENDAR NO.
293, JEAN-PIERRE, COLTON, ROZIC. AN ACT TO AMEND THE CORRECTION LAW,
IN RELATION TO PROVIDING INMATES WITH ACCESS TO BREAST CANCER
SCREENINGS AND INFORMATION ABOUT BREAST SELF-EXAMINATIONS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 2147. 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. A02206, CALENDAR NO.
294, BARRETT, SEAWRIGHT, DINOWITZ, DE LA ROSA, WEPRIN, REYES,
LAVINE, QUART, BRONSON, GOTTFRIED, GLICK, RODRIGUEZ, SIMON, OTIS,
GRIFFIN, GALEF, JACKSON, SILLITTI, BICHOTTE HERMELYN. AN ACT TO
ESTABLISH A TASK FORCE TO EXPLORE THE EFFECTS OF CYBER-BULLYING IN NEW
YORK STATE AND POTENTIAL MEASURES TO ADDRESS SUCH EFFECTS; AND
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NYS ASSEMBLY MAY 10, 2021
PROVIDING FOR THE REPEAT OF SUCH PROVISIONS UPON THE EXPIRATION
THEREOF.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A02519, CALENDAR NO.
295, CYMBROWITZ, ABBATE, BRONSON, PEOPLES-STOKES, WEPRIN,
ABINANTI, SEAWRIGHT, BICHOTTE HERMELYN, HEVESI, RAMOS, REYES,
GOTTFRIED, WALCZYK, WALLACE, CRUZ, JACOBSON. AN ACT TO AMEND THE
INSURANCE LAW, IN RELATION TO ALLOWING VICTIMS OF DOMESTIC VIOLENCE
THE OPPORTUNITY TO DESIGNATE AN ALTERNATE ADDRESS FOR HEALTH INSURANCE
CLAIMS OR BILLING PURPOSES.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 2519. 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. A03034, CALENDAR NO.
296, MCDONALD, OTIS. AN ACT TO AMEND THE REAL PROPERTY TAX LAW, IN
RELATION TO THE TAXABLE STATUS DATE.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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NYS ASSEMBLY MAY 10, 2021
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 3034. 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. A03112-A, CALENDAR
NO. 297, EPSTEIN, WEPRIN, NOLAN, HEVESI, REYES, SEAWRIGHT, SIMON,
GOTTFRIED, PERRY, TAYLOR, DAVILA, ENGLEBRIGHT, GALLAGHER,
GONZÁLEZ-ROJAS, STECK, JACKSON, BICHOTTE HERMELYN, FERNANDEZ. AN
ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO DIRECTING THE DIVISION
OF HUMAN RIGHTS TO PROMULGATE REGULATIONS REQUIRING HOUSING
PROVIDERS TO PROVIDE TENANTS WITH NOTICE OF THEIR RIGHTS RELATED TO
LAWFUL SOURCE OF INCOME DISCRIMINATION.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A03143, CALENDAR NO.
298, EPSTEIN, GOTTFRIED, BARRON. AN ACT TO AMEND THE ALCOHOLIC
BEVERAGE CONTROL LAW, IN RELATION TO MAKING THE PROVISIONS GOVERNING
THE VARIOUS ON-PREMISES LIQUOR LICENSES CONSISTENT WITH RESPECT TO
PUBLIC INTEREST FACTORS THAT MAY BE CONSIDERED BY THE STATE LIQUOR
AUTHORITY WHEN EVALUATING THE MERITS OF A LICENSE APPLICATION.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A03213-A, CALENDAR
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NYS ASSEMBLY MAY 10, 2021
NO. 299, RODRIGUEZ, MONTESANO, FAHY, PEOPLES-STOKES, WOERNER,
WEPRIN, BARRON, GOTTFRIED, PALMESANO, SANTABARBARA, RAMOS,
PICHARDO, JOYNER, EPSTEIN, AUBRY, DESTEFANO, CRUZ, LAVINE, GLICK,
SIMON, CARROLL, FERNANDEZ, JACOBSON, GALEF, MCDONALD, DICKENS,
QUART, KELLES, LUPARDO, COOK, MITAYNES, SEPTIMO, BRAUNSTEIN, TAYLOR,
DE LA ROSA, SEAWRIGHT, GONZÁLEZ-ROJAS, O'DONNELL, REYES,
RICHARDSON, ABBATE, GRIFFIN. AN ACT TO AMEND THE GENERAL BUSINESS
LAW, IN RELATION TO THE SECURE CHOICE SAVINGS PROGRAM.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A03234, CALENDAR NO.
300, HUNTER, STIRPE. AN ACT TO AMEND THE GENERAL MUNICIPAL LAW, IN
RELATION TO PERMITTING THE LIVERPOOL CENTRAL SCHOOL DISTRICT TO
ESTABLISH AN INSURANCE RESERVE FUND.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
HUNTER, 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 4431. 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.
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NYS ASSEMBLY MAY 10, 2021
THE CLERK: ASSEMBLY NO. A03300, CALENDAR NO.
301, EPSTEIN, GOTTFRIED, REYES, SIMON, FALL, COOK, TAYLOR, GALLAGHER,
STECK, JACKSON, FERNANDEZ. AN ACT TO AMEND THE CIVIL PRACTICE LAW
AND RULES, IN RELATION TO REQUIRING A CERTIFICATE OF MERIT IN PROCEEDINGS
TO RECOVER POSSESSION OF REAL PROPERTY.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A03320, CALENDAR NO.
302, EPSTEIN, GOTTFRIED, REYES, SIMON, FALL, COOK, TAYLOR, GALLAGHER,
STECK, JACKSON, FERNANDEZ. AN ACT TO AMEND THE NEW YORK CITY CIVIL
COURT ACT AND THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW, IN
RELATION TO STIPULATIONS IN SUMMARY PROCEEDINGS TO RECOVER POSSESSIONS
OF REAL PROPERTY.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A03412-A, CALENDAR
NO. 303, SOLAGES, BICHOTTE HERMELYN, SEAWRIGHT, STECK, COOK,
LAVINE, COLTON, PERRY, SIMON, BARRON, HYNDMAN, NIOU, PICHARDO, DE
LA ROSA, DAVILA, DICKENS, WILLIAMS, JEAN-PIERRE, WEPRIN, VANEL,
ZEBROWSKI, RAMOS, ROZIC, GOTTFRIED, ABINANTI, EPSTEIN, CRUZ, HEVESI,
AUBRY, GLICK, ROSENTHAL L, FERNANDEZ. AN ACT TO AMEND THE PENAL
LAW, IN RELATION TO EXTORTION OR COERCION RELATED TO IMMIGRATION STATUS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A03489, CALENDAR NO.
304, GALEF, WALLACE, OTIS. AN ACT TO AMEND THE REAL PROPERTY TAX
LAW, IN RELATION TO A RESIDENTIAL REVALUATION EXEMPTION.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
16
NYS ASSEMBLY MAY 10, 2021
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 3489. 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. A03768-A, CALENDAR
NO, 305, CUSICK. AN ACT TO AMEND THE PUBLIC SERVICE LAW, IN RELATION
TO NET ENERGY METERING FOR FUEL-FLEXIBLE LINEAR GENERATOR ELECTRIC
GENERATING EQUIPMENT.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 3768-A. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MR. PALMESANO TO EXPLAIN HIS VOTE.
MR. PALMESANO: THANK YOU, MR. SPEAKER. TO
EXPLAIN MY VOTE. TO MY COLLEAGUES, AS YOU KNOW, WHEN AN ISSUE OF
NET METERING COMES UP I'M VERY CRITICAL OF THE ISSUE BECAUSE PRIMARILY
17
NYS ASSEMBLY MAY 10, 2021
IT'S A COST SHIFT TO RATEPAYERS. GENERALLY WITH NET METERING YOU SEE A
CREDIT FOR GENERATING CUSTOMERS AT THE RETAIL RATE VERSUS THE AVOIDED
COST RATE FOR ACCESS GENERATION. WITH THE BILL YOU HAVE TWO PARTS OF IT,
THE GENERATION COST OF THE SUPPLY OF THE COMMODITY AND ALSO ON THE
TRANSMISSION AND DISTRIBUTION WHICH THE UTILITY USES TO DO UPGRADES TO
THE GRID AND IMPROVE THIS INFRASTRUCTURE. THAT'S WHERE MY CONCERNS
HAVE COME IN WHEN WE REIMBURSE ON THE RETAIL RATE. I WAS (INAUDIBLE)
THAT WE DID MORE RESEARCH ON THIS BILL WE FOUND OUT THAT THIS LEGISLATION
ACTUALLY DOES REIMBURSE THE CREDIT AT THE AVOIDED COST RATE SO THERE'S NO
SHIFT IN THOSE COSTS FOR THE TRANSMISSION AND DISTRIBUTION TO THE
RATEPAYER FROM THAT PERSPECTIVE. FROM MY PERSPECTIVE ALL NET METERING
SHOULD BE DONE AND CREDITED AT THE AVOIDED COST RATE VERSUS THE FULL
RETAIL RATE BECAUSE THAT WOULD SAVE A SHIFT AND THOSE COSTS TO
RATEPAYERS. I WON'T GET INTO THE TECHNOLOGY BECAUSE THAT WILL TAKE ME A
LOT LONGER AND I DON'T WANT TO SPEAK 100 MILES PER HOUR LIKE I USUALLY
DO ON SOME BILLS. SO I JUST WANT TO SAY IT'S A VERY PROMISING
TECHNOLOGY FROM EVERYTHING I'VE READ AND SEEN ABOUT IT AND I LIKE THE
FLEXIBILITY OF IT BECAUSE IT NOT ONLY CAN USE FUELS LIKE HYDROGEN BUT IT
CAN ALSO USE PROPANE AND NATURAL GAS WHICH I LIKE AND IT COULD BE
REALLY IMPORTANT FOR RELIABILITY PURPOSES. SO BECAUSE, MR. SPEAKER,
AND MY COLLEAGUES THIS DOES CREDIT THE AVOIDED COST RATE AND NOT THE
RETAIL RATE SO THERE WILL BE NO SHIFT TO THE RATEPAYER FOR THE TRANSMISSION
AND DISTRIBUTION CHARGES WHICH ARE USED TO HELP MAINTAIN THE GRID,
THAT'S IMPORTANT AND SO FOR THOSE REASONS I THINK WE SHOULD BE LOOKING
TO DO THAT FOR ALL NET METERING PERSONALLY IN THE FUTURE. BUT FOR THOSE
18
NYS ASSEMBLY MAY 10, 2021
REASONS BECAUSE THIS LEGISLATION IS ON THE AVOIDED COST RATE, I AM HAPPY
TO SUPPORT THIS LEGISLATION AND I CERTAINLY ENCOURAGE MY COLLEAGUES TO
DO THE SAME. THANK YOU.
ACTING SPEAKER AUBRY: MR. PALMESANO IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A03805-A, CALENDAR
NO. 306, CUSICK, COLTON, WILLIAMS, CARROLL, GRIFFIN, STERN, GOTTFRIED,
STECK, REYES, PAULIN, PERRY, FAHY, WALLACE, ABINANTI, D. ROSENTHAL,
BARRON, JONES, CRUZ, SOLAGES, PHEFFER AMATO, ZEBROWSKI, SIMON, L.
ROSENTHAL, QUART, DAVILA, HEVESI, M. MILLER, SAYEGH, GLICK,
RODRIGUEZ, MAGNARELLI, EPSTEIN, O'DONNELL, ROZIC, GUNTHER, WOERNER,
FRONTUS, WEPRIN, BARNWELL, HUNTER, RIVERA J, OTIS, SCHMITT, STIRPE,
FERNANDEZ, VANEL, GALEF, COOK, DINOWITZ, BARRETT, SEAWRIGHT, NIOU,
ASHBY, HYNDMAN, MCDONALD, CYMBROWITZ, THIELE, ENGLEBRIGHT,
DICKENS, ANDERSON. AN ACT TO AMEND THE PUBLIC SERVICE LAW, IN
RELATION TO THE TRANSFER OF BILL CREDITS ASSOCIATED WITH THE ELECTRICITY
PRODUCED BY COMMUNITY DISTRIBUTED GENERATION FACILITIES.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
CUSICK, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A04046, CALENDAR NO.
307, COLTON, J. RIVERA, ABBATE, CRUZ, AUBRY, ASHBY, MONTESANO,
19
NYS ASSEMBLY MAY 10, 2021
DESTEFANO, DICKENS, HYNDMAN, WILLIAMS, TAYLOR, JACOBSON. AN ACT TO
AMEND THE VEHICLE AND TRAFFIC LAW, IN RELATION TO PARKING INFRACTIONS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A04060, CALENDAR NO.
308, ABBATE. AN ACT TO AMEND THE CIVIL SERVICE LAW, IN RELATION TO
EMPLOYEES CLASSIFIED AS THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY
SUPERIOR OFFICERS BENEVOLENT ASSOCIATION OF AN MTA-EMPLOYER AND THE
RESOLUTION OF DISPUTES IN THE COURSE OF COLLECTIVE NEGOTIATIONS.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
ABBATE, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A04112, CALENDAR NO.
309, THIELE, COOK, GALEF, SANTABARBARA, ZEBROWSKI, MCDONOUGH,
ROZIC, L. ROSENTHAL, BARRON, OTIS. AN ACT TO AMEND THE GENERAL
BUSINESS LAW, IN RELATION TO ZONE PRICING OF GASOLINE, AND TO AMEND
CHAPTER 579 OF THE LAWS OF 2008, AMENDING THE GENERAL BUSINESS
LAW RELATING TO ZONE PRICING OF GASOLINE, IN RELATION TO ZONE PRICING FOR
RETAIL MOTOR FUEL BASED ON GEOGRAPHIC LOCATION.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A04125, CALENDAR NO.
310, ABBATE. AN ACT TO AMEND THE CIVIL SERVICE LAW, THE PUBLIC
AUTHORITIES LAW AND THE MILITARY LAW, IN RELATION TO SUSPENSION OR
DEMOTION UPON THE ABOLITION OR REDUCTION OF POSITIONS FOR LABOR CLASS
AND NONCOMPETITIVE TILES; AND TO REPEAL SECTION 80-A OF THE CIVIL
SERVICE LAW RELATING THERETO.
20
NYS ASSEMBLY MAY 10, 2021
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A04158, CALENDAR NO.
311, LAVINE, FITZPATRICK, JACOBSON, GALEF, OTIS. AN ACT TO AMEND THE
ELECTION LAW, IN RELATION TO PROHIBITING PRIVATE INDIVIDUALS OR ENTITIES
TO PAY FOR THE ADMINISTRATIVE EXPENSES ASSOCIATED WITH THE CONDUCT OF A
REFERENDUM.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A04431, CALENDAR NO.
312, VANEL, JACOBSON, STIRPE, GALEF, BURDICK. CONCURRENT RESOLUTION
OF THE SENATE AND ASSEMBLY PROPOSING AN AMENDMENT TO SECTION 2 OF
ARTICLE 2 OF THE CONSTITUTION, IN RELATION TO AUTHORIZING BALLOT BY MAIL
BY REMOVING CAUSE FOR ABSENTEE BALLOT VOTING.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
VANEL, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A04494, CALENDAR NO.
313, GALEF, BYRNE. AN ACT TO AMEND THE GENERAL MUNICIPAL LAW, IN
RELATION TO INSURANCE RESERVE FUNDS FOR THE CARMEL CENTRAL SCHOOL
DISTRICT.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
GALEF, 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 4481. THIS IS A FAST ROLL CALL. ANY MEMBER
21
NYS ASSEMBLY MAY 10, 2021
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. A04496, CALENDAR NO.
314, DE LA ROSA, OTIS. AN ACT TO AMEND THE PUBLIC SERVICE LAW, IN
RELATION TO REQUIRING THE RELEASE OF INDIVIDUALS FROM UTILITY CORPORATION
SERVICES IN INSTANCES OF DOMESTIC VIOLENCE.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 4496. 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. I WILL BE
SUPPORTING THIS LEGISLATION TO ALLOW DOMESTIC VIOLENCE VICTIMS TO OPT
OUT OF A UTILITY CONTRACT; HOWEVER, I DO HAVE SOME CONCERNS THAT I HOPE
ARE ADDRESSED BY THE SPONSOR OR BY THIS LEGISLATIVE BODY MOVING
FORWARD. MY FIRST CONCERN IS A CONCERN THAT WE ARE ONCE AGAIN
COMPARING THE VALIDITY OF AN EXISTING CONTRACT BY TAKING A GROUP OF
PEOPLE AND BASICALLY SAYING TO THE UTILITY COMPANIES YOU CANNOT COUNT
22
NYS ASSEMBLY MAY 10, 2021
ON THAT INDIVIDUAL'S SIGNATURE ON THE CONTRACT TO BE VALID AND
ENFORCEABLE, BECAUSE IF THAT INDIVIDUAL SUBSEQUENTLY OR EVEN AT THE
TIME IS A VICTIM OF DOMESTIC ABUSE THEY CAN WALK FROM A WRITTEN
CONTRACT THAT THEY'VE SIGNED. AND I UNDERSTAND THAT THE CONSTITUTIONAL
PROHIBITION AGAINST COMPARING THE VALIDITY OF AN EXISTING CONTRACT IS
NOT IMMUTABLE BUT IT'S A DANGEROUS PRECEDENT AND WE SHOULD BE
CAREFUL. SECOND, THIS BILL DOES NOT ADDRESS A NUMBER OF COROLLARY
ISSUES WHICH I HOPE THE SPONSOR WILL ADDRESS AT SOME POINT, NAMELY
DOES THE VICTIM OF DOMESTIC ABUSE STILL HAVE RESPONSIBILITY FOR ANY PAST
DUE ACCOUNTS. CAN A UTILITY COMPANY CANCEL THE CONTRACT ON THE
REMAINING PEOPLE WHO MAY HAVE SIGNED THE CONTRACT LIKE THE ABUSER.
BECAUSE AFTER ALL, THE VICTIM MAY HAVE BEEN THE ONLY ONE WHO HAS HAD
INCOME OR WHO HAD A HIGH ENOUGH CREDIT SCORE TO JUSTIFY THE EXTENSION
OF CREDIT.
SO I HOPE THAT THOSE ARE ISSUES THAT ARE ADDRESSED
EITHER BY THE PUBLIC SERVICE COMMITTEE [SIC] OR BY THE SPONSOR MOVING
FORWARD. BUT I WILL BE SUPPORTING THIS BECAUSE I RECOGNIZE THE
CHALLENGES THAT WE HAVE WITH A VICTIM OF DOMESTIC ABUSE WHO MAY BE
ON A CONTRACTUAL ARRANGEMENT WITH THE ABUSER FOR UTILITIES, ESPECIALLY IF
THE VICTIM MOVES OUT OF THE HOUSE, THEY DON'T WANT TO KEEP PAYING FOR
THE UTILITIES OF THE HOUSE OR AN APARTMENT THAT THEY NO LONGER RESIDE
WITHIN. SO FOR THOSE REASONS I'LL BE SUPPORTING IT. THANK YOU, SIR.
ACTING SPEAKER AUBRY: MR. GOODELL IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
23
NYS ASSEMBLY MAY 10, 2021
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A04522, CALENDAR NO.
315, GALEF, L. ROSENTHAL, ENGLEBRIGHT, WEPRIN, SEAWRIGHT, COLTON. AN
ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO THE MANUFACTURE
AND SALE OF SEASONAL AND DECORATIVE LIGHTING PRODUCTS CONTAINING LEAD.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A04750, CALENDAR NO.
316, ZEBROWSKI. AN ACT TO AMEND THE REAL PROPERTY TAX LAW, IN
RELATION TO EXTENDING LIMITATIONS ON THE SHIFT BETWEEN CLASSES OF
TAXABLE PROPERTY IN THE TOWN OF CLARKSTOWN, COUNTY OF ROCKLAND.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
ZEBROWSKI, 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 3996. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD THE
FOLLOWING ASSEMBLY MEMBERS IN THE NEGATIVE ON THIS LEGISLATION: MR.
FITZPATRICK, MR. LALOR, MR. NORRIS AND MR. TAGUE AND MR. PALMESANO.
ALSO MR. BYRNE. THANK YOU, SIR.
24
NYS ASSEMBLY MAY 10, 2021
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A04954, CALENDAR NO.
317, PICHARDO, SAYEGH, JACKSON. AN ACT TO AMEND THE PUBLIC HEALTH
LAW, IN RELATION TO THE PROVISION OF INFORMED CONSENT.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
PICHARDO, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A04962, CALENDAR NO.
318, ZEBROWSKI. AN ACT TO AMEND THE PENAL LAW, IN RELATION TO THE
UNLAWFUL USE OR OPERATION OF AN UNMANNED AIRCRAFT.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 4962. 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. A05062, CALENDAR NO.
25
NYS ASSEMBLY MAY 10, 2021
319, KELLES, MCDONALD, DINOWITZ, MAGNARELLI, JACKSON, GALEF, SILLITTI,
BARRON, LAWLER, MONTESANO, FAHY, OTIS. AN ACT TO AMEND THE PUBLIC
HEALTH LAW, IN RELATION TO GIVING SCHOOLS IMPROVED ACCESS TO THE
STATEWIDE IMMUNIZATION DATABASE.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 5062. 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. KELLES TO EXPLAIN HER VOTE.
MS. KELLES: THANK YOU, MR. SPEAKER. TO EXPLAIN
MY VOTE. I'M STILL GETTING USED TO IT. I WANT TO EXPLAIN MY VOTE FOR THIS.
THIS WAS INSPIRED BY THE SCHOOL DISTRICTS IN -- IN MY DISTRICT
SPECIFICALLY AFTER A STUDY WAS DONE THAT SHOWED THAT THE NURSES WHO
SHOULD BE FOCUSING THEIR TIME AS MUCH AS POSSIBLE OF COURSE ON THE
STUDENTS HAVE BEEN SPENDING -- AT LEAST 30 PERCENT OF THEM HAVE BEEN
SPENDING MORE THAN 20 HOURS A WEEK DOWNLOADING ONE DATA ITEM AT A
TIME AND THEN HAND PUTTING IT INTO THEIR DATABASE WASTING MASSIVE
AMOUNTS OF ADMINISTRATIVE TIME WHERE THEY SHOULD BE SPENDING THAT
TIME ON YOUTH. SO THIS BILL CORRECTS THAT ISSUE. IT ALLOWS FOR THEM TO
DOWNLOAD IMMUNIZATION DATA IN BATCH MODE AND THEN IMPORT THAT INTO
THEIR EXISTING DATABASE AND COORDINATES THE TWO SYSTEMS. SO A VERY
STRAIGHTFORWARD BILL AND I ENCOURAGE ALL OF MY COLLEAGUES TO SUPPORT IT
26
NYS ASSEMBLY MAY 10, 2021
AND THANK YOU. I SUPPORT OBVIOUSLY MY BILL IN THE AFFIRMATIVE. THANK
YOU.
ACTING SPEAKER AUBRY: MS. KELLES IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
AND, MS. KELLES, I UNDERSTAND THIS IS YOUR FIRST.
CONGRATULATIONS AND A LONG HISTORY FOR YOU.
(APPLAUSE)
THEY WON'T DO THAT AGAIN THE NEXT TIME YOU PASS A BILL.
(LAUGHTER)
THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A05565, CALENDAR NO.
320, JEAN-PIERRE, ENGLEBRIGHT, COOK, TAYLOR, BARRON, J. RIVERA,
RICHARDSON, GOTTFRIED, MONTESANO, DURSO. AN ACT TO AMEND THE
NAVIGATION LAW, IN RELATION TO REQUIRING WORKING MARINE CARBON
MONOXIDE DETECTORS TO BE CARRIED ON CERTAIN BOATS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 5565. 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.
27
NYS ASSEMBLY MAY 10, 2021
(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. A05728, CALENDAR NO.
321, GLICK, GOTTFRIED, ABINANTI, L. ROSENTHAL, FAHY, COLTON, JACOBSON,
STECK, PERRY, PAULIN, BURDICK, KELLES. AN ACT TO AMEND THE
ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO PROHIBITING THE USE OF
LEAD AMMUNITION IN THE TAKING OF WILDLIFE ON STATE-OWNED LAND AND
LAND CONTRIBUTING SURFACE WATER TO THE NEW YORK CITY WATER SUPPLY.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A05775, CALENDAR NO.
322, GLICK, L. ROSENTHAL, LUPARDO, COOK, VANEL, JEAN-PIERRE,
ZEBROWSKI, ABBATE, SEAWRIGHT, J. RIVERA. AN ACT TO AMEND THE
DOMESTIC RELATIONS LAW, IN RELATION TO REQUIRING THE COURT TO CONSIDER
THE BEST INTEREST OF A COMPANION ANIMAL WHEN AWARDING POSSESSION IN
A DIVORCE OR SEPARATION PROCEEDING.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
GLICK, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A05858, CALENDAR NO.
323, DINOWITZ. AN ACT TO AMEND CHAPTER 455 OF THE LAWS OF 1997
AMENDING THE NEW YORK CITY CIVIL COURT ACT AND THE CIVIL PRACTICE
LAW AND RULES RELATING TO AUTHORIZING NEW YORK CITY MARSHALS TO
EXERCISE THE SAME FUNCTIONS, POWERS AND DUTIES AS SHERIFFS WITH
28
NYS ASSEMBLY MAY 10, 2021
RESPECT TO THE EXECUTION OF MONEY JUDGMENTS OF THE SUPREME AND
FAMILY COURTS OF THE CITY OF NEW YORK AND DEFINING THE TERM "THE
SHERIFF" AS USED THEREIN, IN RELATION TO EXTENDING THE EFFECTIVENESS OF
SUCH CHAPTER.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 5858. 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. A06014, CALENDAR NO.
324, MAGNARELLI, DINOWITZ, MCDONALD, ENGLEBRIGHT, CYMBROWITZ,
SIMON, SILLITTI, THIELE, GALLAGHER, GALEF, BUTTENSCHON, ABBATE,
JACOBSON, LAVINE. AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW, IN
RELATION TO PENALTIES FOR PURPOSEFULLY OBSTRUCTED LICENSE PLATES.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT NOVEMBER
1ST.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 6014. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
29
NYS ASSEMBLY MAY 10, 2021
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. A06096, CALENDAR NO.
325, ABBATE. AN ACT TO AMEND CHAPTER 695 OF THE LAWS OF 1994
AMENDING THE CIVIL SERVICE LAW RELATING TO INJUNCTIVE RELIEF IN
IMPROPER PRACTICE CASES, IN RELATION TO EXTENDING THE EFFECTIVENESS OF
PROVISIONS CONTAINED THEREIN.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
ABBATE, 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 6065. 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. A06222, CALENDAR NO.
326, WALLACE, BARRON, BICHOTTE HERMELYN. AN ACT TO AMEND THE PUBLIC
HEALTH LAW, IN RELATION TO REQUIRING TRANSLATIONS OF A PATIENT'S RIGHT;
30
NYS ASSEMBLY MAY 10, 2021
AND IN RELATION TO THE POSTING OF INFORMATION RELATING TO THE LONG-TERM
CARE OMBUDSMAN PROGRAM.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
WALLACE, 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 4377. 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. I WILL BE VOTING NO
ON THIS. I THOROUGHLY SUPPORT THE IDEA OF POSTING A PATIENT BILL OF
RIGHTS WHICH WE ALREADY DO BUT I'M OPPOSED TO REQUIRING THAT EVERY
POSTING BE IN SIX LANGUAGES. I APPRECIATE THE DIVERSITY THAT SOME OF MY
COLLEAGUES HAVE IN THEIR DISTRICTS AND I THINK IT WOULD BE A GREAT IDEA IN
THEIR DISTRICTS TO HAVE A NOTICE PREDOMINANTLY POSTED IN ALL THEIR
LANGUAGES BUT NEW YORK STATE IS NOT ONE-SIZE-FITS-ALL AND NEVER SHOULD
BE. IN MY DISTRICT IF WE POSTED A NOTICE IN SIX LANGUAGE -- LANGUAGES
FOUR TO FIVE OF THOSE WOULD BE IRRELEVANT BECAUSE NO ONE IN THE NURSING
HOME WOULD SPEAK THOSE ALTERNATIVE LANGUAGES. AND SO EVERY TIME WE
ADD MORE AND MORE REQUIREMENTS WE MAKE IT MORE DIFFICULT TO DO WORK
IN NEW YORK STATE. WE INCREASE THE COST AND REALLY WE SHOULD, IN MY
OPINION, RECOGNIZE THE DIFFERENCES BETWEEN REGIONS WHEN WE'RE
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NYS ASSEMBLY MAY 10, 2021
PASSING LEGISLATION. AND FOR THAT REASON I WILL NOT BE SUPPORTING THIS.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: MR. GOODELL IN THE
NEGATIVE.
MS. WALLACE TO EXPLAIN HER VOTE.
MS. WALLACE: THANK YOU, MR. SPEAKER, FOR
GIVING ME THE OPPORTUNITY TO QUICKLY EXPLAIN MY VOTE. AS WE ALL
KNOW OMBUDSMANS ACT AS ADVOCATES FOR NURSING HOME RESIDENTS AND
FOR RESIDENTS OF ASSISTED-LIVING FACILITIES. THIS LEGISLATION WILL REQUIRE
THAT INFORMATION ABOUT THE OMBUDSMAN PROGRAM BE POSTED IN THE ROOM
OF EACH RESIDENT SO THAT THEY HAVE GREATER AWARENESS OF THIS PROGRAM.
AND AS MY COLLEAGUE NOTED, IT WOULD ALSO REQUIRE THAT THE NOTICE BE
TRANSLATED IN DIFFERENT LANGUAGES SO THAT IT IS EASILY READABLE BY
RESIDENTS IN THOSE FACILITIES. I WANT TO THANK MY COLLEAGUES FOR
SUPPORTING THIS LEGISLATION AND I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. WALLACE IN THE
AFFIRMATIVE.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD THE
FOLLOWING COLLEAGUES IN THE NEGATIVE: MR. BLANKENBUSH, MR.
BRABENEC, MR. DIPIETRO, MR. FRIEND AND MR. HAWLEY. THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
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NYS ASSEMBLY MAY 10, 2021
THE CLERK: ASSEMBLY NO. A06392, CALENDAR NO.
327, PEOPLES-STOKES, GOTTFRIED, MCMAHON, THIELE, BRONSON, QUART,
GALEF. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO ALLOWING
DONATE LIFE REGISTRATION ON ELECTRONIC APPLICATION FORMS ADMINISTERED
BY THE OFFICE OF TEMPORARY DISABILITY ASSISTANCE, THE HIGHER
EDUCATION SERVICES CORPORATION, AND ON MANDATORY ELECTRONIC TAX
FILINGS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 6329. 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. PALMESANO TO EXPLAIN HIS VOTE.
MR. PALMESANO: YES, MR. SPEAKER. I JUST WANT
TO COMMEND THE SPONSOR ON INTRODUCING THIS LEGISLATION. I THINK IT'S
BILLS LIKE THIS THAT WE'VE BEEN TALKING ABOUT TO INCREASE OUR DONOR
REGISTRATION RULES AND I JUST REMIND MY COLLEAGUES WE HAVE BEEN
MAKING PROGRESS BUT WE CAN AND WE MUST DO BETTER. AGAIN CURRENTLY
IN NEW YORK RIGHT NOW WE HAVE NEARLY 9,000 NEW YORKERS WHO'VE
BEEN WAIT FOR A LIFESAVING ORGAN TRANSPLANT. WE HAVE 1,500 WHO'VE
BEEN WAITING FOR MORE THAN FIVE YEARS. WE HAVE THE THIRD HIGHEST NEED
FOR ORGANS BUT THE SECOND WORST REGISTRY IN THE COUNTRY. THERE'S 52
33
NYS ASSEMBLY MAY 10, 2021
REGISTRIES ACROSS OUR COUNTRY AND OUR TERRITORIES. NEW YORK IS NUMBER
51 OUT OF 52. THE NATIONAL AVERAGE OF DONATION RATE IS 62 PERCENT AND
NEW YORK IS NUMBER 51 AT 43 PERCENT. SADLY IN 2020 WE LOST NEARLY
600 NEW YORKERS WAITING FOR LIFESAVING ORGAN TRANSPLANTS. BUT I WILL
REMIND MY COLLEAGUES, THE MOST IMPORTANT STATISTIC TO KEEP IN MIND IS
THAT ONE PERSON, JUST ONE PERSON WHO CHOOSES TO DONATE AT THE TIME OF
THEIR DEATH CAN SAVE UP TO EIGHT LIVES AND IMPACT THE LIVES OF 75 OTHERS
THROUGH EYE AND TISSUE DONATIONS. SO LET US CONTINUE OUR QUEST FOR
LEGISLATION LIKE THIS. LET US CONTINUE TO ASK THAT QUESTION TO NEW
YORKERS. NEW YORKERS ARE GOOD. THE MORE WE GIVE THEM THE
OPPORTUNITY TO SAY YES THEY WILL SAY YES. SO I HOPE WE CAN EXPAND AND
LOOK FOR ADDITIONAL OPPORTUNITIES TO GET THIS QUESTION IN FRONT OF PEOPLE
AND ASK THEM YES, WILL YOU BECOME AN ORGAN DONOR? AND I BELIEVE IT
IS A YES. LET'S PUT IT ON TAX FORMS. LET'S PUT IT ON OTHER STATE FORMS,
WHETHER THEY ARE LICENSES, STATE LICENSES OR RENEWAL LICENSES, WHATEVER
IT MAY BE. LET'S PUT IT EVERYWHERE WE CAN. AND THE MORE WE PUT THIS
QUESTION IN FRONT OF PEOPLE THE MORE PEOPLE ARE GOING TO SAY YES AND
WE'RE GOING TO INCREASE THOSE NUMBERS AND AT THE END OF THE DAY IT'S
LEGISLATION LIKE THIS THAT WILL LEAD US TO SAVING MORE LIVES WHICH IS
WHAT IT'S ALL ABOUT. SO THANK YOU, MR. SPEAKER, AND MY COLLEAGUES. I
VOTE YES.
ACTING SPEAKER AUBRY: MR. PALMESANO IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
34
NYS ASSEMBLY MAY 10, 2021
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06474, CALENDAR NO.
328, WEINSTEIN, HEVESI, MCDONALD, FAHY. AN ACT TO AMEND THE CIVIL
PRACTICE LAW AND RULES, IN RELATION TO THE RATE OF INTEREST APPLICABLE TO
MONEY JUDGMENTS ARISING OUT OF CONSUMER DEBT.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A06671-A, CALENDAR
NO. 329, PAULIN, BARRON, GALEF. AN ACT TO AMEND CHAPTER 74 OF THE
LAWS OF 2020 RELATING TO DIRECTING THE DEPARTMENT OF HEALTH TO
CONVENE A WORK GROUP ON RARE DISEASES, IN RELATION TO THE DEADLINE TO
SUBMIT A REPORT ON RARE DISEASES AND TO THE EFFECTIVENESS THEREOF.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 6671-A. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06809, CALENDAR NO.
330, GLICK. AN ACT TO AMEND THE EDUCATION LAW, IN RELATION TO THE
REQUIREMENTS FOR A LICENSE AS A PROFESSIONAL ENGINEER; AND TO REPEAL
35
NYS ASSEMBLY MAY 10, 2021
CERTAIN PROVISIONS OF SUCH LAW RELATING THERETO.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
OH, I'M SORRY. EXCUSE ME. ON A MOTION BY MS. GLICK, THE SENATE BILL
IS BEFORE THE HOUSE. THE SENATE BILL IS ADVANCED. READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 3541. 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. A06952, CALENDAR NO.
331, GLICK. AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO THE
DEVELOPMENT OF UNIFORM STANDARDS FOR THE COLORING OF WIND TURBINE
ROTOR BLADES.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A06964, CALENDAR NO.
332, GOTTFRIED. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO
THE SCOPE OF THE TEMPORARY OPERATOR LAW; AND TO AMEND CHAPTER 56
OF THE LAWS OF 2913 AMENDING THE PUBLIC HEALTH LAW RELATING TO THE
GENERAL PUBLIC HEALTH WORK PROGRAM, IN RELATION TO MAKING THE
36
NYS ASSEMBLY MAY 10, 2021
TEMPORARY OPERATOR PROVISIONS PERMANENT.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A06965, CALENDAR NO.
333, GOTTFRIED. AN ACT TO AMEND CHAPTER 56 OF THE LAWS OF 2013,
AMENDING THE PUBLIC HEALTH LAW RELATING TO THE GENERAL PUBLIC HEALTH
WORK PROGRAM, IN RELATION TO THE EFFECTIVENESS THEREOF.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A07094, CALENDAR NO.
334, LAVINE. AN ACT TO AMEND THE REAL PROPERTY TAX LAW, IN RELATION
TO BASE PROPORTIONS IN ASSESSING UNITS IN NASSAU COUNTY.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 7094. 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. FOR MY UPSTATE
COLLEAGUES WHO ARE NOT FAMILIAR WITH WHAT BASE PROPORTION ADJUSTMENT
MEANS, IN NASSAU AND SUFFOLK COUNTY THEY ALLOCATE THE REAL PROPERTY
TAX BURDEN BETWEEN RESIDENTIAL CUSTOMERS OR RESIDENTIAL INDIVIDUALS
AND EVERYONE ELSE, COMMERCIAL AND INDUSTRIAL. AND -- AND THEY DO THAT
SO THAT IF THERE'S A LOSS IN ASSESSMENT IN THE COMMERCIAL AREA FOR
EXAMPLE, LET'S SAY A POWER PLANT CLOSES, THAT IT DOESN'T RESOLVE IN A HUGE
37
NYS ASSEMBLY MAY 10, 2021
INCREASE IN THE TAX RATE FOR RESIDENTIAL CUSTOMERS. AND THAT'S THE
ADVANTAGE. IT PROVIDES STABILITY FOR RESIDENTIAL CUSTOMERS. THE
DISADVANTAGE IS THAT AS A RESULT OF THIS THE ENTIRE HIT, IF YOU WILL, AND A
MAJOR CHANGE IN THE TAX BASE IS ALL BORNE BY THE BUSINESSES AND THE
INDUSTRY THAT ARE IN THAT OTHER BASE RATE. AND WHAT THIS BILL DOES IS SAY
THAT THE AMOUNT OF ASSESSMENT THAT'S SHIFTED OVER ON TO A RESIDENTIAL
CLASSIFICATION CANNOT EXCEED 1 PERCENT A YEAR. SO IT SLOWLY MAKES THE
ADJUSTMENT OVER A NUMBER OF YEARS. AND MOST OF MY LONG ISLAND
COLLEAGUES WILL LIKELY SUPPORT THIS. IN THE PAST MOST OF THE UPSTATE
RESIDENTS WHO AREN'T EFFECTED BY THIS OPPOSE IT BECAUSE OF THEIR CONCERN
THAT IT TRANSFERS TAXES ONTO BUSINESSES AND INDUSTRY. THANK YOU, SIR. I
WILL BE VOTING NO, BUT MOST OF MY COLLEAGUES CERTAINLY ON LONG ISLAND
WILL BE VOTING YES.
ACTING SPEAKER AUBRY: MR. GOODELL IN THE
NEGATIVE.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD THE
FOLLOWING COLLEAGUES OF MINE IN THE NEGATIVE: MR. BRABENEC, MR.
BYRNE, MR. DIPIETRO, MR. FITZPATRICK, MR. FRIEND, MR. GALLAHAN, MR.
GIGLIO, MR. HAWLEY, MR. MANKTELOW, MR. NORRIS, MR. PALMESANO, MR.
SIMPSON, MR. TAGUE AND MS. WALSH. ALSO MR. SCHMITT.
ACTING SPEAKER AUBRY: SO NOTED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU
COULD RECORD OUR COLLEAGUE MRS. GUNTHER IN THE NEGATIVE ON THIS ONE.
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NYS ASSEMBLY MAY 10, 2021
ACTING SPEAKER AUBRY: SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07123, CALENDAR NO.
335, WOERNER. AN ACT TO AMEND CHAPTER 440 OF THE LAWS OF 2012
AMENDING THE INSURANCE LAW RELATING TO A HEALTH SAVINGS ACCOUNT PILOT
PROGRAM, IN RELATION TO EXTENDING THE PROVISIONS THEREOF.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 7123. 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. A07174, CALENDAR NO.
336, WALKER. AN ACT TO AMEND THE GENERAL MUNICIPAL LAW, IN RELATION
TO URBAN DEVELOPMENT ACTION AREAS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 7174. THIS IS A FAST ROLL CALL. ANY MEMBER
39
NYS ASSEMBLY MAY 10, 2021
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. A07181, CALENDAR NO.
337, CONRAD. AN ACT TO AMEND THE EDUCATION LAW, IN RELATION TO
AUTHORIZING THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM TO
ACCEPT ALTERNATE METHODS OF POSTAL MAIL FOR SUBMITTAL OF FORMS AND
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 ASSEMBLY PRINT 7181. 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. CONRAD TO EXPLAIN HIS VOTE.
MR. CONRAD: THANK YOU, MR. SPEAKER. THIS
SEEMINGLY INNOCUOUS BILL IS GIVING SOME FLEXIBILITY TO OUR TEACHERS IN
RETIREMENT TO BE ABLE TO HAVE MULTIPLE FORMS TO BE ABLE TO SUBMIT THEIR
APPLICATIONS. I WILL BE VOTING IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. CONRAD IN THE
AFFIRMATIVE.
40
NYS ASSEMBLY MAY 10, 2021
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MR. CONRAD, YOU JOIN YOUR COLLEAGUES IN THIS
MOMENTOUS OCCASION. YOUR FIRST BILL, ALSO. CONGRATULATIONS, SIR.
(APPLAUSE)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. COLLEAGUES, IF WE COULD TURN OUR ATTENTION TO PAGE 27. WE'RE
GOING TO TAKE UP CALENDAR NO. 182 ON DEBATE BY MR. ENGLEBRIGHT.
ACTING SPEAKER AUBRY: THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A04596, CALENDAR NO.
182, ENGLEBRIGHT, COLTON, COOK, L. ROSENTHAL, CARROLL, ABINANTI, OTIS,
GLICK, BARRETT, GRIFFIN, KELLES. AN ACT TO AMEND THE ENVIRONMENTAL
CONSERVATION LAW, IN RELATION TO COMPILATION OF DATA ON PESTICIDES.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
ENGLEBRIGHT, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. AN EXPLANATION IS REQUESTED, MR. ENGLEBRIGHT.
MR. ENGLEBRIGHT: THANK YOU, MR. SPEAKER.
CAN YOU HEAR ME?
ACTING SPEAKER AUBRY: YES, SIR.
MR. ENGLEBRIGHT: THANK YOU VERY MUCH. THIS
IS A -- A BILL THAT WOULD AMEND EXISTING LAW IN RELATION TO THE
COMPILATION OF DATA REGARDING PESTICIDE USE BY COMMERCIAL APPLICATORS
THROUGHOUT THE STATE.
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NYS ASSEMBLY MAY 10, 2021
ACTING SPEAKER AUBRY: MR. MANKTELOW.
MR. MANKTELOW: THANK YOU, MR. SPEAKER. WILL
THE SPONSOR YIELD, PLEASE?
ACTING SPEAKER AUBRY: MR. ENGLEBRIGHT, WILL
YOU YIELD?
MR. ENGLEBRIGHT: I YIELD.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. MANKTELOW: THANK YOU, MR. CHAIRMAN.
ONE OF THE FIRST QUESTIONS I HAVE IS WHO'S -- WHO'S PUSHING FOR THIS
CHANGE?
MR. ENGLEBRIGHT: THIS IS AN INITIATIVE THAT IS
CONGRUENT WITH THE DESIRE BY VICTIMS OF CANCER IN PARTICULAR AND OTHERS
WHO HAVE SUFFERED FROM DEBILITATION AT VARYING LEVELS FROM PESTICIDES
THAT HAS CAUSED HUMAN NEGATIVE HEALTH EFFECTS TO HAVE A DATA BASE THAT
MAY BE ABLE TO HELP DEMONSTRATE THE RELATIONSHIP MORE CLEARLY AND
MORE PRECISELY BETWEEN THE USE OF THESE ENVIRONMENTAL POISONS AND
THE INCIDENCE OF HUMAN DISEASE.
MR. MANKTELOW: SO HAS OUR DEPARTMENT OF
CONSERVATION REACHED OUT TO YOU ABOUT THIS AT ALL?
MR. ENGLEBRIGHT: WE'RE IN CONSTANT CONTACT
WITH THE DEPARTMENT AND THEY HAVE, IN FACT, COMMUNICATED TO US OVER
THE YEARS IN VARYING WAYS REGARDING THE BILL, THE ORIGINAL LAW AND ALSO,
YOU KNOW, THE VARYING ISSUES THAT INTERSECT WITH IT.
MR. MANKTELOW: ONE THING I'D LIKE TO ASK FOR
YOU OR FROM YOU, MR. CHAIRMAN, IS IF AT ALL POSSIBLE BECAUSE I'D LIKE TO
42
NYS ASSEMBLY MAY 10, 2021
SEE THE -- THE E-MAILS OR MEMOS ASKING FOR THESE CHANGES IF THAT'S
POSSIBLE, I WOULD APPRECIATE IT.
MR. ENGLEBRIGHT: WE HAVEN'T COMPILED A LIST OF
REQUESTS BUT IT IS AT ITS FACE A LOGICAL THING TO DO TO UPGRADE THE EXISTING
LAW WHICH APPARENTLY THE DISCRETION OF THE DEPARTMENT HAS NOT BEEN
USED TO KEEP UP-TO-DATE THE REPORTING OF INFORMATION. SO WHEN WE ASK
WELL, HOW IS THIS INFORMATION ACCESSED AND IS IT ACCESSIBLE WE HEAR
WELL, SOME OF THE INFORMATION THAT WE RECEIVE COMES IN IN A FORMAT
THAT WE FIND AWKWARD TO USE SUCH AS PUNCH CARDS. WE EVEN HEARD THAT
IN SOME CASES THE PUNCH CARDS ARE SHIPPED OVERSEAS FOR TRANSCRIPTION.
IT BECOMES PRETTY APPARENT THAT WE NEED TO REVISIT THIS AT THE LEGISLATIVE
LEVEL BECAUSE ADMINISTRATIVELY THERE IS THE PERCEPTION THAT THE
LEGISLATURE NEEDS TO GIVE NEW INSTRUCTIONS, SO THAT'S WHAT WE'RE DOING.
MR. MANKTELOW: OKAY. I KNOW AS A -- AS A
PRIVATE APPLICATOR, I HAVE A PRIVATE APPLICATOR'S LICENSE FOR MY FARM AND
I KNOW THAT EVERYTHING THAT WE BUY FROM OUR SUPPLIERS REPORTED TO
NEW YORK STATE BY THE PESTICIDES USED AND I SEE HERE YOU'RE GOING TO
BE ASKING TO COMPILE MORE DATA IN REGARDS TO THE PRODUCT NAME AND THE
ACTIVE INGREDIENT. WHO WILL BE COMPILING ALL OF THAT INFORMATION?
MR. ENGLEBRIGHT: THE FORMAT WILL BE
DETERMINED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND THE
ACTUAL INFORMATION THAT IS SUBMITTED WOULD BE FROM THE APPLICATORS AND
IT WOULD BE CONFORMABLE TO THE -- THE NEEDS OF THE DEPARTMENT. SO THE
ANSWER IS THE APPLICATORS WOULD BE PROVIDING THAT INFORMATION BUT THEY
WOULD BE RECEIVING SOME GUIDANCE FROM THE DEPARTMENT.
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NYS ASSEMBLY MAY 10, 2021
MR. MANKTELOW: SO THAT'S ALL PESTICIDES THAT ARE
USED IN NEW YORK STATE?
MR. ENGLEBRIGHT: CORRECT.
MR. MANKTELOW: I WAS WONDERING, I KNOW THAT
A LOT OF PESTICIDES -- SOME PESTICIDES ARE BOUGHTEN [SIC] FROM LIKE A
LOWE'S AND HOME DEPOT AND WALMART. IS THAT INFORMATION GOING TO BE
REQUIRED AS WELL FROM THE APPLICATOR THERE?
MR. ENGLEBRIGHT: THIS IS A SUBMISSION FROM THE
APPLICATORS, NOT FROM RETAIL OUTLETS IF THAT'S WHAT YOUR QUESTION IS.
MR. MANKTELOW: OKAY. SO --
MR. ENGLEBRIGHT: IF YOU'RE A REGISTERED
APPLICATOR --
MR. MANKTELOW: ALL RIGHT. SO IF WE'RE GOING TO
TRULY TRACK THE USE OF PESTICIDES, IS IT NOT RIGHT TO TRACK ALL OF THEM?
MR. ENGLEBRIGHT: WE'RE TRYING TO TRACK THEM,
YES. THE RETAIL INFORMATION IS REQUIRED AT THE IMPORT LEVEL SO WE ARE
KEEPING TRACK OF IT, YES.
MR. MANKTELOW: SO WE HAVE THE RETAIL
INFORMATION BUT WE STILL DON'T KNOW WHERE THOSE PESTICIDES THAT ARE
SOLD ARE BEING PUT OUT. WE WON'T HAVE AN ADDRESS OR A LOCATION. AS
WE DO AS FARMERS AND COMMERCIAL APPLICATORS WHEN WE DO APPLY
PESTICIDES WE HAVE TO DO THE DATE, THE WIND, THE TEMPERATURE, THE
LOCATION. ALL THAT INFORMATION'S ALREADY SUPPLIED AND I'M PRETTY SURE
DEC HAS THAT AS WELL.
SO ALL THIS STUFF WILL BE PUT TOGETHER THROUGH DEC, IS
44
NYS ASSEMBLY MAY 10, 2021
THAT CORRECT? ONCE THEY GET THE INFORMATION THEY'LL COMPILE IT ALL?
MR. ENGLEBRIGHT: THE DEC WILL BE RESPONSIBLE
FOR HAVING IT COMPILED, YES.
MR. MANKTELOW: SO I KNOW THAT IN SOME OF OUR
RURAL AREAS THAT A LOT OF THE COMMERCIAL AND PRIVATE APPLICATORS USE
PAPER FORMAT BECAUSE SOME OF THEM DO NOT HAVE INTERNET ACCESS. WHAT
ARE WE GOING TO DO TO HELP THEM THROUGH THAT?
MR. ENGLEBRIGHT: WELL, THE DEPARTMENT HAS
CONTRACTED WITH THE CORNELL UNIVERSITY COLLEGE OF AGRICULTURE AND LIFE
SCIENCES SO THEY'RE NOT OPERATING TOTALLY INDEPENDENTLY OF ACADEMIA.
THEY ARE WORKING WITH CORNELL AND SO I THINK IT'S PRETTY CLEAR THAT
APPLICATORS APPLYING PESTICIDES WILL DO SO IN A FORMAT THAT IS REQUESTED
BY THE DEPARTMENT AND IS OBLIGATED BY THIS REFORM, IF YOU WILL, AND
UPGRADE OF EXISTING LAW. IT'S BEEN IN A LAW FOR MORE THAN 20 YEARS BUT
TIMES HAVE CHANGED AND NEW REPORTING FORMATS MAKE SENSE WITHIN THE
CONTEXT OF CHANGES. WE'RE ALL FAMILIAR WITH CHANGES THAT HAVE
OCCURRED IN THE COMMUNICATIONS, ELECTRONIC COMMUNICATIONS WORLD.
THIS IS SOMETHING THAT WOULD ENABLE SOME CONFORMITY TO THAT NEW
REALITY.
MR. MANKTELOW: SO IS THE QUESTION I JUST ASKED,
MR. CHAIR, SO IF I'M IN RURAL UPSTATE NEW YORK AND I DON'T HAVE
INTERNET ACCESS, HOW WOULD I DO THIS?
MR. ENGLEBRIGHT: WELL, I THINK IF YOU'RE IN RURAL
UPSTATE NEW YORK YOU WOULD HAVE ACCESS TO AT THE VERY LEAST A -- A
CELL PHONE AND YOU CAN WORK THROUGH YOUR LIBRARY. THERE ARE ANY
45
NYS ASSEMBLY MAY 10, 2021
NUMBER OF WAYS THAT YOU CAN ACCESS MODERN COMMUNICATION
TECHNOLOGY AND INDEED IT'S ALREADY REQUIRED FOR SUCH THINGS AS
REPORTING TO THE INTERNAL REVENUE SERVICE. SO IT IS NOT A -- A TOTALLY
FOREIGN TECHNOLOGY THAT IS RESTRICTED BY -- TOTALLY RESTRICTED BY
GEOGRAPHY. I DO ACKNOWLEDGE THAT SOME INDIVIDUALS WILL HAVE TO DO
SOMETHING LIKE GO TO THEIR LOCAL LIBRARY, YES.
MR. MANKTELOW: AND SOME OF THESE INDIVIDUALS
ARE NOT COMPUTER SAVVY AND I'M HOPING THAT CORNELL WILL TAKE A LOOK AT
THAT AND COME UP WITH A SOLUTION. I THINK, AGAIN, WE'RE PUTTING A
BURDEN BACK ON THE USER, THE APPLICATOR RATHER THAN THE STATE AND WE
NEED TO MAKE IT AS EASY AS POSSIBLE FOR OUR BUSINESSES. I'M NOT AGAINST
THE -- THE INFORMATION THAT THEY WANT. IT'S JUST HOW ARE WE GOING TO DO
THIS? HOW ARE PEOPLE GOING TO HAVE THE TIME? AND, AGAIN, WHEN WE
LOOK AT SMALL BUSINESS WHETHER IT'S AGRICULTURE OR ANY OTHER BUSINESS,
EVERY LITTLE BURDEN THAT WE PUT ON THEM IS ANOTHER BURDEN THEY HAVE TO
DEAL WITH AND IT'S REALLY HARD FOR THEM AND I'M NOT SURE WE'RE DOING
THEM A FAVOR IF WE DON'T GET INVOLVED. AND ONE OF THE ASKS I'LL ASK NOW
IS WHEN WE DEVELOP THIS FORMAT TO REPORT THIS WHETHER CORNELL DOES IT, I
JUST HOPE THAT THEY PULL IN SOME COMMERCIAL APPLICATORS, SOME PRIVATE
APPLICATORS AND SOME PRIVATE PEOPLE TO GET THEIR INPUT ON HOW WE'RE
GOING TO DEVELOP THIS TO MAKE IT EASY FOR THEM.
MY OTHER QUESTION WAS I SEE WE'RE CHANGING THE DATE
FROM JULY 1ST TO NOVEMBER 13TH. DO YOU KNOW WHY THAT CHANGE WAS
PUT IN PLACE?
MR. ENGLEBRIGHT: TO BRING IN TOWARD THE END OF
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NYS ASSEMBLY MAY 10, 2021
THE YEAR AT THE END OF THE GROWING SEASON, IF YOU WILL, AS OPPOSED TO
WHEN -- YOU KNOW, WHEN THE LAWNS ARE BEING APPLIED AND THE FIELDS ARE
BEING APPLIED IN THE MIDDLE OF THE SEASON. SO BY THE TIME YOU GET TO
NOVEMBER 30TH IT'S EASIER TO HAVE A TOTAL SUMMARY OF THE WHOLE PRIOR
IN THIS CASE 11 MONTHS.
MR. MANKTELOW: OKAY. I -- I WOULD AGREE WITH
THAT, AS A FARMER IT'S PRETTY TOUGH TO DO IT IN EARLY JULY. I'M NOT SURE
WHERE THAT DATE CAME FROM ORIGINALLY, BUT IT PROBABLY DIDN'T WORK TOO
WELL. SO IF I'M A PERSON THAT WANTS SOME OF THIS INFORMATION THAT DEC
IS COMPILING, I CAN JUST CONTACT DEC AND THEY'LL GIVE ME THAT
INFORMATION; IS THAT CORRECT?
MR. ENGLEBRIGHT: I WOULD REFER YOU TO DEC.
THEY MAY IN TURN FORWARD YOU TO CORNELL. I HAVE NOT PERSONALLY
ATTEMPTED TO ACCESS THIS DATA OR THIS DATABASE. BUT I CAN TELL YOU THAT IT
WOULD MAKE SENSE TO START WITH THE DEPARTMENT.
MR. MANKTELOW: OKAY. AND THEN FURTHER DOWN
THE ROAD ONCE THAT DATA IS COMPILED AND THEY DO HAVE IT, THAT'S ALLOWED
TO GO OUT TO ANYONE IN NEW YORK STATE; IS THAT CORRECT?
MR. ENGLEBRIGHT: IT'S PUBLIC INFORMATION, YES.
MR. MANKTELOW: OKAY. AND IN THAT PUBLIC
INFORMATION, ME AS AN APPLICATOR, WOULD MY INFORMATION BE GIVEN TO
THEM LIKE LOCATION OF WHY I APPLIED THE PESTICIDE, THE NAME OF MY
FARM, THE CHEMICALS THAT I USE OR IS THE NAME AND LOCATION AND -- NAME,
LOCATION AND ADDRESS GOING TO BE LEFT OUT OF THAT INFORMATION?
MR. ENGLEBRIGHT: I BELIEVE THAT THAT
47
NYS ASSEMBLY MAY 10, 2021
INFORMATION IS PRIMARILY BY ZIP CODE.
MR. MANKTELOW: SO THEY'LL BE ABLE TO DETERMINE
BY ZIP CODE WHERE MOST OF THE PRODUCT IS BEING USED AND WHAT'S IN THAT
PRODUCT; IS THAT CORRECT?
MR. ENGLEBRIGHT: BASICALLY YES, THAT IS CORRECT.
MR. MANKTELOW: OKAY. SO AGAIN, AS I TALKED TO
YOU A LITTLE BIT EARLIER ABOUT THIS, I THINK WHEN THIS FARMER IS DEVELOPED
BY THE DEPARTMENT AND CORNELL, I THINK IT'S SO IMPORTANT THAT WE
INVOLVE THE PEOPLE THAT ARE ACTUALLY DOING IT SO THEY CAN SEE FIRSTHAND
WHAT'S -- WHAT'S INVOLVED WITH THIS, WHAT THEY ALREADY HAVE. A LOT OF
THIS INFORMATION IS ALREADY PUT FORWARD. AND AGAIN IT'S ANOTHER
DUPLICATION OR TRIPLICATION OF SOME OF THE REQUIREMENTS OF USING
PESTICIDES IN NEW YORK STATE. BUT I DO NOT HAVE ANY OTHER QUESTIONS
FOR YOU, SIR, BUT I THANK YOU FOR YOUR ANSWERS AND I'D LIKE TO GO ON THE
BILL, MR. SPEAKER. MR. SPEAKER, I'D LIKE TO GO ON THE BILL.
ACTING SPEAKER MCDONALD: ON THE BILL.
MR. MANKTELOW: THANK YOU, SIR. AS I LOOK AT
THIS BILL THINKING ABOUT MYSELF AS BEING AN APPLICATOR OVER MANY, MANY
YEARS AND THESE THINGS THAT WE DO TO MAKE THINGS SAFE, YOU KNOW, WE
POST THE PROPERTIES, WE -- EVERYBODY HAS THE INFORMATION AROUND THE
FIELDS. THEY ALREADY GOT THAT INFORMATION. AND WHEN I WAS LOOKING
THROUGH THE MEMO HERE AND LOOKING AT SOME OF THE ORGANIZATIONS THAT
OPPOSE THIS BILL IT'S NEW YORK PEST MANAGEMENT ASSOCIATION, NEW
YORK STATE TURF GRASS ASSOCIATION, NEW YORK STATE AGRIBUSINESS
ASSOCIATION AND THE LAST ONE THAT I HAVE HERE IS ALLIANCE FOR
48
NYS ASSEMBLY MAY 10, 2021
ENVIRONMENTAL CONCERNS. AND I THINK THEY ALL HAVE THE SAME CONCERNS
THAT, AGAIN, WE'RE GOING TO PUT ANOTHER BURDEN BACK ON PRIVATE
BUSINESS, BACK ON OUR AG INDUSTRY AND FOR WHAT? BECAUSE SOMEBODY
WANTS MORE INFORMATION, THEY WANT THE ACTIVE INGREDIENTS? WE REALLY
NEED TO START LOOKING TOWARDS OUR BUSINESSES THAT THEY'RE GLAD TO WORK
WITH US BUT WE NEED TO WORK WITH THEM AS WELL. AND THIS IS JUST A LITTLE
BIT OF OVERSTEPPING. DEC COULD COMPILE JUST THE NAME OF THE
PESTICIDES. THEY ALREADY HAVE THE LIST OF THE ACTIVE INGREDIENTS THAT ARE
IN EACH PESTICIDE SO I'M NOT SURE WHY OUR PRIVATE APPLICATORS AND OUR
COMMERCIAL APPLICATORS WOULD HAVE TO DO EVEN MORE. AND THIS IS WHAT
WE'RE TALKING ABOUT. IT'S SO HARD TO FIND THE TIME IN BUSINESS TO DO
EVERY LITTLE DETAIL, EVERY LITTLE EXTRA. IF THEY'VE GOT THE INFORMATION
THAT'S NEEDED THEN LET'S GO WITH IT. LET'S PUT THE BURDEN BACK ON THE
STATE TO COMPILE THAT INFORMATION AND NOT OUR LOCAL BUSINESSES. SO IF
WE CAN JUST DO A MINOR CHANGE I WOULD LOVE TO SUPPORT PART OF THIS BILL
BUT I CANNOT SUPPORT IT THE WAY IT IS. AGAIN, WE'RE HITTING UP OUR
BUSINESSES AND ASKING THEM TO DO MORE FOR LESS TIME. SO I WOULD VERY
MUCH ASK MY COLLEAGUES TO CONSIDER VOTING NO ON THIS. I THINK IT'S --
PART OF THE BILL'S GOOD BUT THE INTERNET'S NOT IN PLACE. OUR BUSINESSES
ARE ALREADY OVERWORKED AND OVERLOADED AND I JUST NEED TO CONSIDER
THEM AS WELL. SO THANK YOU, MR. SPEAKER.
ACTING SPEAKER MCDONALD: MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD
THE SPONSOR YIELD?
ACTING SPEAKER MCDONALD: WILL THE
49
NYS ASSEMBLY MAY 10, 2021
SPONSOR YIELD?
MR. ENGLEBRIGHT: I YIELD, YES.
MR. GOODELL: THANK YOU VERY MUCH, MR.
ENGLEBRIGHT. I NOTE THAT UNDER CURRENT LAW THERE'S AN ANNUAL REPORT
PREPARED BY THE DEC. HAS THE DEC ADVISED YOU OF ANY DIFFICULTY IN
PREPARING THIS ANNUAL REPORT UNDER CURRENT LAW?
MR. ENGLEBRIGHT: I HAVE NOT PERSONALLY SPOKEN
WITH THE DEC ABOUT THIS. I HAVE HEARD THAT THE MAIN DIFFICULTY IS
ACTUALLY FROM INDIVIDUALS WHO HAVE FOUND THAT THE DEPARTMENT HAS HAD
SIGNIFICANT DELAYS. THE LAST REPORT THAT WE HAVE IS FROM 2017. SO
ALTHOUGH I HAVE NOT PERSONALLY SPOKEN WITH THE COMMISSIONER ABOUT
THIS, THE ABSENCE OF A TIMELY REPORTING IS PRETTY OBVIOUS AND IT HELPS
UNDERWRITE THE REASON THAT WE'RE DOING THIS BILL TODAY BECAUSE THE
DEPARTMENT OBVIOUSLY IS STRUGGLING WITH THE PAPER REPORTING FORMAT
THAT WE HAVE NOW, IT'S CAUSING DELAYS.
MR. GOODELL: I APOLOGIZE. YOU SAID THE LAST TIME
THIS REPORT WAS PRODUCED WAS IN 2017 OR THE LAST TIME IT WAS ON TIME?
MR. ENGLEBRIGHT: THE LAST TIME THAT IT WAS
PRODUCED WAS IN 2017.
MR. GOODELL: SO YOU'RE SAYING UNDER THE CURRENT
SYSTEM THE DEC IS RUNNING FOUR OR FIVE YEARS BEHIND?
MR. ENGLEBRIGHT: THAT IS CORRECT.
MR. GOODELL: WELL, THAT ADDRESSES MY SECOND
QUESTION WHICH IS HAVE YOU EVER READ THE RECENT REPORT AND THE ANSWER
WOULD BE NO SINCE THEY HAVEN'T PRODUCED THAT RECENT REPORT. IS THERE
50
NYS ASSEMBLY MAY 10, 2021
ANY REASON WHY THE CURRENT LAW WHICH ALLOWS THIS INFORMATION TO BE
SUBMITTED ON A COMPUTER DISKETTE AS BEING ELIMINATED, PRESUMABLY IF
IT'S SUBMITTED ON A COMPUTER DISKETTE OR IN A COMPUTER FORMAT IT WOULD
BE RELATIVELY EASY FOR THE DEC TO TRANSFER TO WHATEVER FORMAT THEY
WANTED. WHY ARE WE ELIMINATING THE ABSENCE OF A COMPUTER DISKETTE?
MR. ENGLEBRIGHT: NO ONE USES DISKETTES VERY
MUCH ANYMORE. IT IS A TECHNOLOGY AND A FORMAT THAT IS BECOMING LESS
AND LESS USED AND MANY MODERN COMPUTERS CAN'T EVEN READ THEM.
AGAIN, WE'RE TRYING TO MOVE IN THE DIRECTION OF INCREASING ACCESSIBILITY
AND WE'RE BEING HELD BACK FROM ACCESSING DATA AND INFORMATION THAT
MAY PROVIDE INFORMATION THAT WILL PROTECT HUMAN HEALTH, PROTECT OUR
CITIZENS FROM CANCER AND OTHER DISEASES CAUSED, WE BELIEVE, IN MANY
INSTANCES BY THE USE OF PESTICIDES. AND WE'D LIKE TO SEE THE REPORTING
BROUGHT UP TO SPEED SO THAT RESEARCHERS ARE ABLE TO MAKE USE OF THE
INFORMATION.
MR. GOODELL: I CERTAINLY UNDERSTAND AND AGREE
WITH YOUR ANALYSIS ON COMPUTER DISKETTES. I HAVE -- I HAVE SEVERAL THAT
I CAN NO LONGER READ BECAUSE NONE OF MY EQUIPMENT WILL READ THEM BUT
WHAT ABOUT FLASH DRIVES OR THINGS OF THAT NATURE WHICH ARE VERY
COMMON AND DON'T REQUIRE AN INTERNET ACCESS? SHOULDN'T THAT BE AN
ALLOWABLE OPTION?
MR. ENGLEBRIGHT: WE HAVE FOR THESE MANY
YEARS -- AND BY THE WAY I WAS THE ORIGINAL SPONSOR OF THE UNDERLYING
LAW -- AND THE REASON I SPONSORED IT IS BECAUSE ON LONG ISLAND AND IN
MANY OTHER PARTS OF THE STATE THE INCIDENCES OF CANCER IS AS HIGH AS ONE
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NYS ASSEMBLY MAY 10, 2021
OUT OF EVERY EIGHT OR NINE PEOPLE, MOSTLY WOMEN. BREAST AND OTHER
CANCERS ARE NOT LIMITED TO WOMEN BUT MOSTLY IT'S WOMEN WHO CONTRACT
THIS TERRIBLE DISEASE AND IT'S LETHAL OFTEN -- QUITE OFTEN AND SO THAT IS
WHY THIS BILL WAS PUT FORWARD TO SEE IF WE COULD MAKE MORE CLEAR THE
RELATIONSHIP BETWEEN THE USE OF THESE ENVIRONMENTAL POISONS AS PUT
FORWARD IN MANY, MANY STUDIES SHOWING THE RELATIONSHIP BETWEEN THE
USE OF ENVIRONMENTAL POISONS AND THE INCIDENCES OF CANCER AND OTHER
DISEASES. SO THAT'S ALMOST TWO DECADES -- MORE THAN TWO DECADES AGO
NOW AND IT'S TIME TO TAKE A LOOK AND SEE WHETHER OR NOT THE INFORMATION
THAT WE WANT TO MAKE ACCESSIBLE TO HEALTH PROFESSIONALS IS IN FACT
ACCESSIBLE. AND INSTEAD WHAT WE FIND IS THAT THE DEPARTMENT INSTEAD
OF USING ITS DISCRETION THAT WAS PROVIDED IN THE ORIGINAL LEGISLATION TO
USE THEIR DISCRETION IN A WAY THAT WOULD ALLOW FOR THE INFORMATION TO BE
CONVEYED FROM THE APPLICATION INDUSTRY TO THE DEPARTMENT. THE
DEPARTMENT HAS BASICALLY SAID WELL, YOU KNOW, WE NEED A NEW
AUTHORIZATION.
MR. GOODELL: MR. ENGLEBRIGHT, I APPRECIATE --
MR. ENGLEBRIGHT: (INAUDIBLE) AUTHORIZATION.
MR. GOODELL: MR. ENGLEBRIGHT, I APPRECIATE AND
UNDERSTAND YOUR EXPLANATION ON WHY YOU WANT THIS BILL AND WHY YOU
THINK IT'S IMPORTANT THAT WE HAVE THIS INFORMATION. MY QUESTION REALLY
DOESN'T GO TO WHY WE HAVE THIS REPORTING REQUIREMENT OR WHY THIS
REPORT MIGHT BE HELPFUL. MY QUESTION IS WHY AREN'T WE ALLOWING ZIP
DRIVES? IS THERE A REASON WHY WE'RE NOT ALLOWING THE COMMUNICATION
OF ELECTRONIC DATA USING A ZIP DRIVE OR A COMPARABLE TECHNOLOGY?
52
NYS ASSEMBLY MAY 10, 2021
MR. ENGLEBRIGHT: THE LANGUAGE IN THE BILL WE
BELIEVE IT'S FLEXIBLE.
MR. GOODELL: AND SO YOU THINK THAT THAT
ELECTRONIC TRANSMISSION ELECTRONICALLY WOULD INCLUDE THEN ZIP DRIVES.
MR. ENGLEBRIGHT: ZIP DRIVES WON'T NECESSARILY
BE PROHIBITED IF THAT'S YOUR -- YOUR QUESTION.
MR. GOODELL: YES. THE OTHER QUESTION I HAD IS
THERE ANY EXCEPTION FOR SMALL BUSINESSES?
MR. ENGLEBRIGHT: THERE'S -- THERE'S NO SPECIFIC
EXEMPTION FOR SMALL BUSINESSES.
MR. GOODELL: AND LAST, WOULD YOUR
RECOMMENDATION BE THAT THE DEC SIMPLY SKIP THE LAST FOUR OR FIVE
YEARS AND PRODUCE A CURRENT REPORT?
MR. ENGLEBRIGHT: WAIT. ASK THAT QUESTION ONE
MORE TIME.
MR. GOODELL: CERTAINLY. WOULD YOUR
RECOMMENDATION BE THAT THE DEC SIMPLY SKIP THE LAST FOUR OR FIVE
YEARS AND PRODUCE A CURRENT REPORT? I MEAN IT'S INTERESTING FROM A
HISTORIC PERSPECTIVE TO KNOW THAT WHAT HAPPENED IN 2017 BUT, YOU
KNOW, WE MIGHT BE MORE INTERESTED IN WHAT'S HAPPENING IN 2020.
MR. ENGLEBRIGHT: WELL, IT WOULD BE NICE TO BE
ABLE TO SEE ALL OF THE DATA, QUITE FRANKLY. THE DEPARTMENT SHOULD
PRODUCE A REPORT. IF THAT REPORT SUMMARIZES THE LAST FIVE YEARS AND
GIVES US A VERY ACCURATE ASSESSMENT OF THE CURRENT MOST RECENT YEAR I
THINK THAT WOULD BE A SHOW OF GOOD FAITH ON THE PART OF THE
53
NYS ASSEMBLY MAY 10, 2021
DEPARTMENT. WHAT I HAVE OTHERWISE IS A SITUATION IN WHICH WE HAVE A
LOT OF MY CITIZENRY IN MY OWN NEIGHBORHOOD OF SUFFOLK COUNTY AND
OTHER PARTS OF LONG ISLAND AND NEW YORK IN WHICH CITIZENS, MOSTLY
WOMEN, ARE SUFFERING FROM BREAST CANCER, MANY CASES ARE DYING AND
WE WANT TO KNOW WHY. AND IF THERE IS A CAUSALITY FROM PESTICIDES WE
WANT THE DATA. SO BACK TO YOUR QUESTION, SHOULD THE DEPARTMENT
PRODUCE THE REPORT? YOU BET THEY SHOULD. LIVES ARE DEPENDING ON IT.
MR. GOODELL: THANK YOU, MR. ENGLEBRIGHT.
ON THE BILL, SIR.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. GOODELL: I -- I APPRECIATE MR. ENGLEBRIGHT'S
DESIRE TO HAVE THIS REPORT PRODUCED IN A MUCH MORE TIMELY MANNER.
IT'S A -- IT'S A DESIRE I SHARE, QUITE FRANKLY, AND I'M SURE ALL MY
COLLEAGUES DO. IT'S FRUSTRATING SOMETIMES. WE PASS LAWS, WE REQUIRE
REPORTS OR STUDIES TO BE ISSUED AND THEN WE GO YEARS WITHOUT GETTING A
REPORT. AND BY THE TIME WE GET THE INFORMATION IT'S OUTDATED AND NO
LONGER RELEVANT. AT THE SAME TOKEN WE DON'T ALLOW THOSE WHO ARE
OBLIGATED TO COMPLY WITH THESE REGULATORY REQUIREMENTS. WE DON'T
GIVE THEM THE SAME FLEXIBILITY, DO WE? WE DON'T SAY TO A SMALL
BUSINESS YOU GOT YEARS TO FILE THIS REPORT. IF YOU DON'T FILE THE REPORT
RIGHT AWAY WE FINE YOU EVEN THOUGH THE INFORMATION IS NOT DISCLOSED OR
COMPILATED OR PUT TOGETHER INTO A REPORT UNTIL FOUR OR FIVE OR MORE
YEARS LATER. WE HAVE A COMPLETE DISCONNECT BETWEEN A REGULATORY
BURDEN THAT WE PLACE ON BUSINESSES IN NEW YORK STATE AND THE
OBJECTIVE THAT WE HOPE TO ACHIEVE.
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NYS ASSEMBLY MAY 10, 2021
AND SO I'M ALWAYS HESITANT ABOUT PASSING NEW
LEGISLATION THAT IMPOSES NEW BURDENS ON THOSE WHO DO BUSINESS IN
NEW YORK STATE, PARTICULARLY OUR FARMERS AND THOSE WHO RELY ON
PESTICIDES WITHOUT PROVIDING ANY EXEMPTION FOR SMALL BUSINESSES AND
WITHOUT BEING CLEAR THAT ANY ELECTRONIC FORMAT THAT'S CONVENIENT,
INCLUDING FLASH DRIVES OR SOMETHING SIMILAR, CAN BE UTILIZED. I DO
APPRECIATE MY COLLEAGUE'S COMMENTS THAT FLASH DRIVES WOULD NOT BE
PROHIBITED AND I HOPE THAT THE DEC, ASSUMING THEY CAN ISSUE
REGULATIONS WITHIN THE NEXT FOUR YEARS, WILL BE CLEAR IN AUTHORIZING THAT.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU. 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 4596. 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. AND MEMBERS, JUST REMEMBER, IF YOU ARE IN THE
CHAMBER YOU MUST KEEP YOUR MASK ON AND UP. THANK YOU VERY MUCH.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE WILL GENERALLY BE IN THE NEGATIVE ON THIS LEGISLATION. BUT
MY COLLEAGUES WHO WANT TO SUPPORT IT ARE CERTAINLY ENCOURAGED TO CALL
THE MINORITY LEADER'S OFFICE SO WE CAN PROPERLY RECORD YOUR VOTE.
55
NYS ASSEMBLY MAY 10, 2021
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. MAJORITY COLLEAGUES ARE GOING TO BE IN THE AFFIRMATIVE ON THIS
ONE. SHOULD THERE BE ANY DESIRE TO BE AN EXCEPTION, WE WILL BE HAPPY
TO TAKE YOUR VOTE BY CALLING THE MAJORITY LEADER'S OFFICE SO THEY CAN
BE RECORDED. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU, MRS.
PEOPLES-STOKES.
(THE CLERK RECORDED THE VOTE.)
MS. KELLES TO EXPLAIN HER VOTE.
MS. KELLES: THANK YOU, MR. SPEAKER. I JUST
WANTED TO ADD TO THIS DISCUSSION TO BE ON RECORD MY APPRECIATION FOR
THE SPONSOR FOR BRINGING THIS BILL FORWARD. I THINK THAT IT'S REALLY
IMPORTANT BECAUSE IT HONORS THE TREMENDOUS ROLE THAT EPIDEMIOLOGICAL
RESEARCH PLAYS IN PUBLIC HEALTH. THE REASONS THAT THIS INFORMATION IS
REQUIRED AS IT IS FOR EXAMPLE THE INFORMATION SPECIFICALLY WHICH
INCLUDES THE DOSAGE OR THE AMOUNT OF PESTICIDES THAT ARE BEING USED,
WHERE THEY'RE BEING USED IS SO THAT WILL GIVE THE DOSE RESPONSE OR THE
DOSAGE THAT SOMEONE MAY BE SUBJECTED TO AT ANY GIVEN TIME. ANOTHER
THING THAT'S VERY IMPORTANT IS THAT A LOT OF PESTICIDES ARE ACTUALLY -- CAN
BE STORED IN FAT TISSUE SO THEY WOULD INCREASE IN THE BODY OVER TIME
AND THAT GIVES ALSO IMPORTANT INFORMATION ON DOSE RESPONSE. ANOTHER
THING THAT IS REALLY IMPORTANT IS THAT THE EPA REGULATES ON INDIVIDUAL
56
NYS ASSEMBLY MAY 10, 2021
INGREDIENTS, NOT A CONGLOMERATE OF INGREDIENTS AND SO UNDERSTANDING OR
HAVING RESEARCH THAT SPECIFICALLY TARGETS MOLECULAR COMPOUNDS,
INDIVIDUAL MOLECULAR COMPOUNDS IS WHAT IS NEEDED FOR PUBLIC HEALTH
ONE AND ALSO SETTING POLICY. AND IT IS REALLY IMPORTANT OBVIOUSLY FOR
THE ANALYSES THAT ARE DONE.
SO I WANTED TO THANK THE SPONSOR. THIS IS VERY
THOROUGH. IT WILL CREATE THE SPECIFIC DATA THAT'S NECESSARY FOR PROPER
AND APPROPRIATE AND SUFFICIENT DATA ANALYSIS THAT WE REALLY NEED TO
CREATE PUBLIC HEALTH THAT WOULD PROTECT INDIVIDUALS FROM ANY HARMFUL
EFFECTS FROM THESE PESTICIDES. SO I'M IN SUPPORT OF THIS BILL. THANK
YOU SO MUCH.
ACTING SPEAKER AUBRY: MS. KELLES IN THE
AFFIRMATIVE.
MR. MANKTELOW.
MR. MANKTELOW: THANK YOU, MR. SPEAKER. JUST
TO EXPLAIN MY VOTE. THE STATES THAT USE THE MOST HERBICIDES IN THE
UNITED STATES ARE NOT THE TOP STATES FOR CANCER CAUSING PER 100,000. I
WANT TO SHARE THE TOP TEN STATES IN THE UNITED STATES OF RATES PER CANCER
PER 100,000 INDIVIDUALS: KENTUCKY NUMBER ONE, DELAWARE NUMBER
TWO, PENNSYLVANIA NUMBER THREE, NEW HAMPSHIRE NUMBER FOUR, NEW
JERSEY NUMBER FIVE, NEW YORK NUMBER SIX, LOUISIANA NUMBER SEVEN,
RHODE ISLAND NUMBER EIGHT, WEST VIRGINIA NUMBER NINE AND MAINE
NUMBER TEN. SO IF WE REALLY WANT TO TAKE A LOOK AT WHAT CAUSES CANCER
WE SHOULD NOT BE TARGETING PESTICIDES. THE DATA'S HERE. BEFORE WE
GROW MILLIONS AND MILLIONS AND MILLIONS AND MILLIONS OF ACRES OF OUR
57
NYS ASSEMBLY MAY 10, 2021
FOOD IN THE MIDWEST THE NUMBERS DON'T SHOW THAT. WE HAVE OTHER
THINGS GOING ON ESPECIALLY ON THE EAST COAST AND THE NORTHEAST SECTION
OF THE UNITED STATES.
SO AGAIN, I URGE MY COLLEAGUES TO VOTE NO ON THIS
BECAUSE THIS IS NOT DRIVING THE CANCER RATES. THIS IS NOT IT. AND I DON'T
WANT US TO HIT PESTICIDES JUST BECAUSE IT'S AN EASY ONE TO HIT. SO AGAIN,
I ASK MY COLLEAGUES TO SUPPORT ME IN VOTING NO ON THIS AND TAKING
ANOTHER LOOK AT THIS DOWN THE ROAD. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. MANKTELOW IN
THE NEGATIVE.
MS. GIGLIO.
MS. GIGLIO: MR. SPEAKER, IF I MAY ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL. NO.
YOU'RE EXPLAINING YOUR VOTE, MY DEAR.
MS. GIGLIO: OKAY. EXPLAINING MY VOTE. SO WHERE
I DO REALIZE THAT THERE IS IMPORTANCE IN DETERMINING WHAT IS EFFECTING
WOMEN'S HEALTH, ESPECIALLY ON LONG ISLAND, I AGREE WITH MR.
MANKTELOW THAT THE PESTICIDES MAY NOT BE THE PRIME SOURCE; HOWEVER,
I DO BELIEVE THAT THIS IS SOMETHING THAT SHOULD BE LOOKED INTO. I WOULD
JUST HOPE THAT IF IT WERE DETERMINED AFTER THE STUDIES THAT PESTICIDES
WERE A PROBLEM THAT THERE WAS A SOLUTION TO THE PROBLEM. ON LONG
ISLAND AND HAVING A VERY HEAVY FARM INDUSTRY WHERE MY DISTRICT IS IT'S
VERY IMPORTANT THAT THE FARMERS BE ABLE TO PRODUCE THE FOOD AND
PROTECT THE FOOD THAT THEY'RE PLANTING AND PESTICIDES AND HERBICIDES ARE
A WAY TO DO IT. IF THERE ARE NO ALTERNATIVES TO THE PESTICIDES THAT THEY'RE
58
NYS ASSEMBLY MAY 10, 2021
USING THEN I WOULD HOPE THAT FUTURE BILLS WOULD ADDRESS THIS AND BRING
IN MORE THINGS THAT COULD HELP THE FARMERS AND HELP THE FARM
POPULATION, BUT I DO NOT HAVE A PROBLEM WITH THE STUDY BUT I THINK THAT
OTHER THINGS NEED TO BE LOOKED AT AS FAR AS PUBLIC WATER DISTRIBUTION
AND DEAD-ENDS AND CUL-DE-SACS AND THINGS OF THAT NATURE THAT COULD BE
EFFECTING WOMEN'S HEALTH. SO I WILL BE VOTING IN THE AFFIRMATIVE BUT --
AND LOOK FORWARD TO SEEING THE STUDY AND WOULD HOPE THAT NO
PESTICIDES WOULD BE ELIMINATED WITHOUT AN ALTERNATIVE. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU. MS.
GIGLIO IN THE AFFIRMATIVE.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER, FOR THE OPPORTUNITY TO EXPLAIN MY VOTE. I CERTAINLY LIKE TO,
FIRST OF ALL, COMMEND THE SPONSOR OF THIS LEGISLATION AND I KNOW THAT IT'S
VERY DIFFICULT FOR MANY OF US NOT JUST IN THE CHAMBERS BUT ACROSS THE
STATE TO FEEL LIKE PEOPLE OR BUSINESSES OR COMMUNITIES OR FARMERS OR
ORGANIZATIONS NEED TO BE REGULATED. BUT IF WE'RE RESPONSIBLE FOR THE
PUBLIC'S HEALTH, I THINK WE DO SOMETIMES HAVE TO REQUIRE SOME SORT OF
REGULATION. NOBODY CAN DEBATE THAT, YOU KNOW, PESTICIDES DO HAVE
OFTEN A VERY NEGATIVE HEALTH EFFECT ON PEOPLE'S LIVES AND AS A RESULT OF
THAT MANY TIMES IT ENDS UP COSTING US AS TAXPAYERS RESOURCES TO TAKE
CARE OF THEIR HEALTHCARE ISSUES. YOU KNOW, IF FOLKS THINK ABOUT IT
WIDELY AND BROADLY, YEARS AGO THIS COUNTRY, THE ONE THAT WE LOVE,
DECIDED THAT IT WAS OKAY FOR PAINTERS TO LEAVE LEAD IN PAINT AND AS A
RESULT OF IT WE HAVE MULTIPLE GENERATIONS OF YOUNG PEOPLE WHO HAVE
59
NYS ASSEMBLY MAY 10, 2021
GONE TO SCHOOL NEGATIVELY IMPACTED BECAUSE THEY LIVED AROUND LEAD IN
THEIR ENVIRONMENT. WE HAVE A RESPONSIBILITY AS CITIZENS TO TRY TO
PROTECT EVERYBODY AND I THINK THAT THIS -- THIS LEGISLATION BRINGS US IN
THAT DIRECTION. NOW IS THERE SOME FOLKS IN ERROR BECAUSE THEY'RE NOT
MOVING ALONG FAST ENOUGH AND NOW GIVING US THE RESULTS? THAT COULD
BE TRUE, BUT THAT IS SOMETHING THAT I THINK WE NEED TO DEAL WITH AS WELL
BECAUSE IF FOLKS ARE STILL WAITING FOR LISTS FROM FOUR YEARS AGO, THAT'S NOT
A GOOD CALL BUT THAT'S ANOTHER PIECE OF LEGISLATION AND I THINK THAT THIS
ONE IS IMPORTANT AND I WANT TO APPLAUD THE SPONSOR FOR DOING IT. OUR
HEALTH OF EVERYBODY NEEDS TO BE PROTECTED.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES
IN THE AFFIRMATIVE.
MR. BURDICK.
MR. BURDICK: THANK YOU, MR. SPEAKER. TO
EXPLAIN MY VOTE.
ACTING SPEAKER AUBRY: SIR.
MR. BURDICK: THANK YOU. I FIRST WANT TO
COMMEND THE SPONSOR FOR HIS INITIATIVE ON THIS. IN MY YEARS AS
SUPERVISOR OF THE TOWN OF BEDFORD I HAD MANY RESIDENTS WHO
APPROACHED ME SAYING WHY CAN'T THE TOWN OF BEDFORD REGULATE THE USE
OF PESTICIDES. BUT WE KNOW THAT THEY CAN'T. WE KNOW THAT THAT'S
REGULATED BY THE DEC. I THINK AT THE VERY LEAST THIS IS THE FIRST STEP.
WE NEED TO FIND MORE DATA ON PESTICIDES. WE KNOW THAT THERE'S A GREAT
CAUSATION IN LINK BETWEEN PESTICIDES, HERBICIDES AND OTHER CHEMICAL
APPLICATIONS AND CANCER AS THE SPONSOR HAS POINTED OUT. SO THIS IS A
60
NYS ASSEMBLY MAY 10, 2021
FIRST STEP AND AS HAS PREVIOUSLY BEEN NOTED, THERE'S OTHER LEGISLATION
THAT I THINK IS NECESSARY AND I THINK OTHERS FEEL IS NECESSARY AS WELL. I
WILL BE VOTING IN THE AFFIRMATIVE. THANK YOU FOR THE OPPORTUNITY TO
EXPLAIN MY VOTE.
ACTING SPEAKER AUBRY: MR. BURDICK IN THE
AFFIRMATIVE.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD THE
FOLLOWING COLLEAGUES IN THE NEGATIVE. I'M SORRY IN THE AFFIRMATIVE. IN
THE AFFIRMATIVE: MR. BROWN, MR. BYRNE, MR. GANDOLFO, MS. GIGLIO,
MR. MCDONOUGH, MR. MIKULIN, MS. MILLER, MR. MONTESANO, MR. RA,
MR. SCHMITT. AND THOSE ARE IN ADDITION TO THOSE WHO HAVE MAY HAVE
VOTED IN THE AFFIRMATIVE ON THE FLOOR. THANK YOU, SIR.
ACTING SPEAKER AUBRY: 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 NO FURTHER
HOUSEKEEPING BUT WE DO HAVE A PRIVILEGED RESOLUTION, RESOLUTION NO.
263, THE CLERK WILL READ.
THE CLERK: ASSEMBLY RESOLUTION NO. 263, MS.
SILLITTI. LEGISLATIVE RESOLUTION HONORING SANDRA LINDSAY, A NURSE AT
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NYS ASSEMBLY MAY 10, 2021
THE LONG ISLAND JEWISH MEDICAL CENTER, UPON THE OCCASION OF BEING
THE FIRST PERSON IN THE UNITED STATES TO RECEIVE THE COVID-19 VACCINE.
ACTING SPEAKER AUBRY: MS. SILLITTI ON THE
RESOLUTION.
MS. SILLITTI: THANK YOU, MR. SPEAKER. IN HONOR OF
NURSES WEEK I AM ESPECIALLY PROUD TO RECOGNIZE THIS INCREDIBLE
FRONTLINE HERO. NURSE SANDRA LINDSAY MADE NATIONAL NEWS WHEN SHE
BECAME THE VERY FIRST AMERICAN TO RECEIVE THE COVID-19 VACCINE. I
DON'T KNOW ABOUT YOU BUT I WAS PROUD THAT IT WAS A NEW YORKER AND
THEN I LEARNED WE LIVED IN THE SAME TOWN AND I WAS OVER THE MOON.
WE NEW YORKERS HAVE SEEN THE WORST OF THIS PANDEMIC AND WITH
EVERYTHING THAT THE STATE HAS ENDURED IT NEEDED TO BE ONE OF US
RECEIVING THAT FIRST DOSE.
THROUGHOUT THE COVID-19 PANDEMIC, SANDRA
LINDSAY HAS BEEN THE DIRECTOR OF THE CRITICAL CARE NURSING AT LONG
ISLAND JEWISH MEDICAL CENTER IN QUEENS, A HOSPITAL WHERE SHE'S
WORKED AT FOR THE LAST 26 YEARS. WHEN THE PANDEMIC FIRST HIT NEW
YORK HARD IN MARCH OF 2020, THIS REMARKABLE WOMAN LED A TEAM OF
HUNDREDS OF CRITICAL CARE NURSES AS THEY DEALT WITH THE INFLUX OF TERRIBLY
SICK PATIENTS. DURING THE WORST OF IT JUST HER CENTER ALONE TREATED MORE
THAN 100,000 PATIENTS AND REALLY TRYING TO IMAGINE THAT. IT HAD TO BE --
IT'S VERY HARD TO EVEN THINK ABOUT. YOU KNOW SANDRA ALWAYS SAID SHE
WANTED TO BE A NURSE. CARING FOR OTHERS WAS ALWAYS A PART OF HER.
EVEN AS A CHILD SHE HELPED TAKE CARE OF HER GRANDMOTHER IN JAMAICA
BEFORE IMMIGRATING TO THE UNITED STATES 30 YEARS AGO. WITH RECENT AND
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NYS ASSEMBLY MAY 10, 2021
LINGERING SKEPTICISM OF THE COVID-19 VACCINE EVEN AMONG SOME OF
HER OWN STAFF, SANDRA LINDSAY UNDERSTOOD THE EXAMPLE THAT SHE COULD
PROVIDE BY BEING THE FIRST, ESPECIALLY TO PEOPLE OF COLOR. SHE
UNDERSTOOD THE LEGACY OF UNEQUAL AND RACIST TREATMENT AND
EXPERIMENTATION ON PEOPLE OF COLOR AND SHE KNEW SHE COULD BE AN
INSPIRATION TO OTHERS. IN A RECENT STORY ABOUT MS. LINDSAY SHE SAID,
WHEN I CAME ACROSS SOMEBODY WHO IS HESITANT FOR WHATEVER REASON, I
LISTEN TO THEIR CONCERNS, THEIR QUESTIONS AND SEE IF I CAN ANSWER ANY
QUESTION BY SHARING WHAT I GO THROUGH, WHAT MY TEAM GOES THROUGH ON
A DAILY BASIS. I TELL THEM WHAT WE'VE BEEN ENCOUNTERING SINCE MARCH.
DIRECT THEM TO THE FACTS, DISPEL ANY MYTHS AND CONSPIRACY THEORIES.
TODAY, SANDRA LINDSAY CONTINUES TO LEAD HER STAFF IN
CARING FOR THE SICKEST PATIENTS WHILE PROMOTING THE VACCINE WHICH
SIGNIFIES HOPE, RELIEF, HEALING AND THE BEGINNING OF THE END OF A VERY
DARK TIME FOR ALL HER FELLOW HEALTHCARE WORKERS ACROSS THE STATE, THE
NATION AND THE WORLD. PLEASE JOIN ME NOW IN HONORING THIS
EXTRAORDINARY WOMAN, A TRUE HERO OF THIS PANDEMIC, SANDRA LINDSAY.
YOU HAVE MADE NEW YORK VERY, VERY PROUD.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
WE HAVE SEVERAL OTHER FINE RESOLUTIONS. WE WILL TAKE
THEM UP IN ONE VOTE.
ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTIONS ARE ADOPTED.
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NYS ASSEMBLY MAY 10, 2021
(WHEREUPON, ASSEMBLY RESOLUTION NOS. 261, 262,
AND 264-275 WERE UNANIMOUSLY APPROVED.)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. IF YOU WOULD PLEASE CALL ON MEMBER HUNTER FOR THE PURPOSE
OF AN ANNOUNCEMENT.
ACTING SPEAKER AUBRY: ASSEMBLYPERSON
HUNTER FOR THE PURPOSES OF AN ANNOUNCEMENT.
MS. HUNTER: YES, MR. SPEAKER. THANK YOU.
THEY'LL WILL BE A NEED FOR AN IMMEDIATE MAJORITY CONFERENCE AT THE
ADJOURNMENT OF SESSION.
ACTING SPEAKER AUBRY: IMMEDIATE
DEMOCRATIC CONFERENCE AT ADJOURNMENT.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I NOW
MOVE THAT THE ASSEMBLY STAND ADJOURNED UNTIL 2:00 P.M. TUESDAY,
MAY THE 11TH, TOMORROW BEING A SESSION DAY.
ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS
ADJOURNED.
(WHEREUPON, AT 5:11 P.M. THE ASSEMBLY STOOD
ADJOURNED UNTIL TUESDAY, MAY THE 11TH AT 2:00 P.M., TUESDAY BEING A
SESSION DAY.)
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