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.

                                          1



                    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

                                          2



                    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

                                          3



                    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

                                          4



                    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

                                          5



                    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.)

                                          6



                    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

                                          7



                    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.

                                          8



                    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

                                          9



                    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

                                         10



                    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

                                         11



                    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

                                         12



                    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.

                                         13



                    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

                                         14



                    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.

                                         15



                    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

                                         31



                    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.

                                         32



                    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.

                                         38



                    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.

                                         41



                    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.

                                         43



                    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

                                         46



                    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

                                         51



                    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.

                                         54



                    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

                                         61



                    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

                                         62



                    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.

                                         63



                    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.)







                                         64