MONDAY, MAY 16, 2022 2:28 P.M.
ACTING SPEAKER AUBRY: THE HOUSE WILL COME
TO ORDER.
BEFORE THE REVEREND ELIA OFFERS US A PRAYER, LET US --
LET US PAUSE FOR A MOMENT OF SILENCE AS WE KEEP IN OUR THOUGHTS THE
VICTIMS OF THE SHOOTING IN BUFFALO, THEIR FAMILIES AND THOSE WHO
RESPONDED TO THEIR PHYSICAL AND EMOTIONAL NEEDS. LET US CONTEMPLATE
A WORLD WHERE HATRED AND VIOLENCE ARE NOT A DAILY OCCURRENCE. AND
I'M GOING TO READ TO YOU A MESSAGE SENT TO ME BY THE MAJORITY LEADER.
WITH GOD WE WILL GET THROUGH THIS, TOO. THANKS FOR REACHING OUT. I
WON'T SEE YOU THIS WEEK. GRIEVING WITH AND FOR MY PEOPLE AND MY
COMMUNITY.
REVEREND ELIA.
REVEREND DONNA ELIA: LET US PRAY. GOOD AND
1
NYS ASSEMBLY MAY 16, 2022
GRACIOUS GOD, WE COME BEFORE YOU WITH GRATITUDE, WITH OUR DEEPEST
LONGINGS AND OUR PROFOUND LAMENT. POUR OUT YOUR ABUNDANT BLESSINGS
UPON THIS ASSEMBLY AS IT CONTINUES TO DO IMPORTANT WORK TOWARD THE
END OF SESSION. HELP THE PACE BE MEASURED AND MANAGEABLE IN THE
RUSH TOWARD THE END. GIVE THEM WISDOM AND STRENGTHEN THEM WITH THE
GOOD GIFTS OF DISCERNMENT, THE ABILITY TO LISTEN, WITH COURAGE AND WITH
EQUANIMITY. THANK YOU FOR EACH ONE WHO HAS TAKEN ON THE MANTLE OF
PUBLIC SERVICE, WHETHER THEY ARE ELECTED LEGISLATORS OR STAFF. POUR OUT
HEALING MERCY UPON ALL WHO ARE DISCOURAGED OR ILL OR WHOSE LOVED ONES
ARE IN NEED OF HEALING. BLESS AND KEEP ALL CONSTITUENTS WHO THE
MEMBERS REPRESENT. MAY THEIR VOICES BE HEARD.
OUR HEARTS ARE HEAVY THIS DAY WITH THE VIOLENCE AND
RACISM OF YET ANOTHER MASS SHOOTING. COMFORT THOSE WHO GRIEVE,
ESPECIALLY THE FAMILY AND FRIENDS OF VICTIMS AND OUR MAJORITY LEADER
AS SHE REACHES OUT TO THEM. EMPOWER US ALL THAT WE MAY NOT REMAIN
SILENT IN THE FACE OF RACISM AND HATRED. EQUIP US TO STAND IN THE TRAGIC
GAP, WILLING TO CONTINUE TO DO THE WORK OF JUSTICE AND UNRELENTING IN
OUR COMMITMENT TO LOVE UNTIL WE CREATE BELOVED COMMUNITY.
O, YOU, WHO MAKE PEACE AND JUSTICE IN HIGH PLACES,
BRING PEACE WITH JUSTICE TO US HERE AND NOW. IN YOUR HOLY NAME WE
ASK IT. AMEN.
MEMBERS: AMEN.
ACTING SPEAKER AUBRY: VISITORS ARE INVITED
TO JOIN THE MEMBERS IN THE PLEDGE OF ALLEGIANCE.
(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND
2
NYS ASSEMBLY MAY 16, 2022
MEMBERS IN THE PLEDGE OF ALLEGIANCE.)
A QUORUM BEING PRESENT, THE CLERK WILL READ THE
JOURNAL OF SUNDAY, MAY 15TH.
MS. SOLAGES: MR. SPEAKER?
ACTING SPEAKER AUBRY: YES, MA'AM? MS.
SOLAGES.
MS. SOLAGES: MR. SPEAKER, I MOVE TO DISPENSE
WITH THE FURTHER READING OF THE JOURNAL OF SUNDAY, MAY 15TH AND ASK
THAT THE SAME STAND APPROVED.
ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO
ORDERED.
MS. SOLAGES.
MS. SOLAGES: THANK YOU, MR. SPEAKER. I KNOW
WE ARE ALL HERE WITH HEAVY HEARTS AND WE'RE MOVING FORWARD WITH LOVE
AND POSITIVITY, BUT THE PEOPLE'S WORK MUST CONTINUE. AND SO WITH THAT,
YOU KNOW, I CARRY THE TRADITION OF OUR -- OUR GREAT MAJORITY LEADER OF
READING A QUOTE, AND THIS QUOTE IS BY -- WAS SAID BY NELSON MANDALA,
WHICH IS, NO ONE IS BORN HATING EACH OTHER -- ANOTHER PERSON BECAUSE
OF THE COLOR OF HIS SKIN OR HIS BACKGROUND OR HIS RELIGION. PEOPLE MUST
LEARN TO HATE. AND IF THEY CAN LEARN TO HATE, THEY CAN BE TAUGHT TO
LOVE, FOR LOVE COMES MORE NATURALLY TO THE HUMAN HEART THAN ITS
OPPOSITE. LIKE I SAID, THAT FROM MR. NELSON MANDALA.
SO WITH THAT, MR. SPEAKER, MAY I HAVE MEMBERS'
ATTENTION SO THAT WE CAN ANNOUNCE THE SCHEDULE OF THE DAY. MEMBERS
HAVE ON THEIR DESKS THE MAIN CALENDAR AND AN A-CALENDAR. WE ALSO
3
NYS ASSEMBLY MAY 16, 2022
HAVE A DEBATE LIST.
MR. SPEAKER, I NOW MOVE TO ADVANCE THE A-CALENDAR.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
SOLAGES, THE A-CALENDAR IS ADVANCED.
MS. SOLAGES.
MS. SOLAGES: THANK YOU. WE WILL NOW BEGIN OUR
WORK TODAY BY TAKING UP A RESOLUTION BEGINNING ON PAGE 3. WE WILL
THEN TAKE UP THE A-CALENDAR ON CONSENT. WE ALSO HAVE TO WORK OFF THE
DEBATE LIST, WHICH IS NICE AND LONG, BEGINNING WITH THE FOLLOWING BILLS:
CALENDAR NO. 533 BY MS. WOERNER; CALENDAR NO. 558 BY MR. CUSICK;
AND CALENDAR NO. 575 BY MS. FAHY; AND CALENDAR NO. 584 BY MR.
ZEBROWSKI. I WILL ANNOUNCE ANY FURTHER FLOOR ACTIVITY AS WE PROCEED.
AND WITH THAT AS A GENERAL OUTLINE, IF THERE IS ANY
OTHER HOUSEKEEPING NOW WOULD BE THE APPROPRIATE TIME TO DO SO.
ACTING SPEAKER AUBRY: NO HOUSEKEEPING,
BUT WE DO HAVE SOME SPECIAL INTRODUCTIONS AND THE FIRST WILL BE FROM
MR. DURSO.
MR. DURSO: THANK YOU, MR. SPEAKER. TODAY I'M
JOINED BY THREE VERY SPECIAL PEOPLE TO ME; MY WIFE DANA DURSO, WHO
ALSO SERVES AS A VILLAGE TRUSTEE IN THE VILLAGE OF MASSAPEQUA PARK
WHERE WE LIVE, AND OUR DAUGHTERS NICOLE - PLEASE STAND - AND TAYLOR.
IF YOU COULD WELCOME THEM TO THE FLOOR TODAY AND OFFER THEM ALL THE
CORDIALITIES THAT YOU ALWAYS DO, WE WOULD APPRECIATE IT AND WE THANK
EVERYBODY FOR HAVING US TODAY.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
4
NYS ASSEMBLY MAY 16, 2022
OF MR. DURSO, YOUR FATHER, YOUR HUSBAND, THE SPEAKER AND ALL THE
MEMBERS, WE WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY.
YOU ARE PART OF OUR FAMILY. YOU'RE ALWAYS WELCOME HERE, AND WE
HOPE THAT YOU WILL ENJOY THIS TIME. AND WE REALLY WANT TO SEE MORE OF
YOU BECAUSE HE SOFTENS UP AN AWFUL LOT. YOU KNOW, NORMALLY HE'S A
LITTLE EDGY. NOW, YOU KNOW, HE LOOKS LIKE THE PUPPY HE REALLY IS.
THANK YOU SO VERY MUCH. HAPPY TO HAVE YOU.
(APPLAUSE)
MR. ANDERSON FOR THE PURPOSES OF AN INTRODUCTION, SIR.
MR. ANDERSON: THANK YOU, MR. SPEAKER. I'D LIKE
YOU TO EXTEND THE CORDIALITIES OF THE HOUSE THIS AFTERNOON AS I INVITE
THE WALLACE FAMILY TO THE NEW YORK STATE LEGISLATURE. THE WALLACE
FAMILY WAS IMPACTED BY SENSELESS GUN VIOLENCE IN MY DISTRICT. AND
FOLKS HAVE PAID ATTENTION TO THE NEWS AND EVERYTHING THAT'S HAPPENING
IN THE CURRENT MOMENT AS WE'RE REELING FOR THE FAMILIES IN BUFFALO.
THIS FAMILY EXPERIENCED THE LOSS OF THEIR 10-YEAR-OLD BABY BOY DUE TO
SENSELESS GUN VIOLENCE JUST AROUND THIS TIME LAST YEAR. AND I BROUGHT
THEM TO THE FLOOR TODAY SO THAT WE CAN ACKNOWLEDGE THE IMPORTANCE OF
FIGHTING BACK AGAINST GUN VIOLENCE, BUT ALSO ACKNOWLEDGE THE
GREATNESS OF THIS FAMILY AND THE RESILIENCY OF THIS FAMILY IN THE FACE OF
WHAT WAS SUCH A TRAUMATIC EXPERIENCE FOR OUR CITY. SO I WOULD LIKE TO
WELCOME MS. ARETHA WALLACE, THE MOTHER OF THE LATE JUSTIN WALLACE;
HER DAUGHTER TAKESHI LILLY-PINNOCK; RYAN PINNOCK AND ALVIN JOEL.
PLEASE EXTEND THE CORDIALITIES OF THE HOUSE, THE PEOPLE'S HOUSE, AS WE
CONTINUE TO FIGHT BACK AGAINST GUN VIOLENCE IN THE BACKDROP OF WHAT
5
NYS ASSEMBLY MAY 16, 2022
HAPPENED SATURDAY AND TO HONOR AND ACKNOWLEDGING 10-YEAR-OLD
JUSTIN WALLACE FROM EDGEMERE, NEW YORK.
ACTING SPEAKER AUBRY: ON BEHALF OF MR.
ANDERSON, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU HERE TO
THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU THE PRIVILEGES OF THE
FLOOR. AND OUR HEARTS FOR WHAT YOU HAVE GONE THROUGH ON A DAY LIKE
TODAY AND THIS WEEKEND. WE'RE SO PLEASED YOU HAD THE COURAGE TO
COME AND JOIN US AND SHARE THIS WITH US, AND HOPE THAT YOUR HEALING
HAS CONTINUED BECAUSE I'M SURE IT WILL TAKE A LONG TIME, IF EVER. BUT
PLEASE KNOW THAT YOU'RE ALWAYS WELCOME HERE AND YOU WILL ALWAYS BE
IN OUR PRAYER. THANK YOU SO VERY MUCH FOR BEING HERE.
(APPLAUSE)
ON PAGE -- OH, MR. GOODELL FOR THE PURPOSES OF AN
INTRODUCTION, SIR.
MR. GOODELL: THANK YOU, SIR. IT IS MY GREAT
PLEASURE TO INTRODUCE BOBBIE COX, WHO IS AN ATTORNEY DOWN IN THE
WESTCHESTER COUNTY AREA. AS YOU KNOW, FROM TIME TO TIME WE RAISE
CONSTITUTIONAL ISSUES HERE ON THE FLOOR OF THE ASSEMBLY ON WHAT'S GOING
ON BOTH IN LEGISLATION BUT ALSO ADMINISTRATIVELY. WE ARE VERY THANKFUL
TO BE IN THE PRESENCE OF MS. COX WHO NOT ONLY TAKES THESE CONCERNS
SERIOUSLY, BUT AS THAT CO-EQUAL BRANCH OF -- OF OUR GOVERNMENT, THE
JUDICIARY, TO REVIEW ACTIONS FROM TIME TO TIME JUST TO MAKE SURE WE
STAY ON THE STRAIGHT AND NARROW.
AND SO PLEASE WELCOME BOBBIE COX, AN ATTORNEY WHO
FOCUSES ON ENSURING THAT WE COMPLY WITH DUE PROCESS AND THE
6
NYS ASSEMBLY MAY 16, 2022
CONSTITUTIONAL REQUIREMENTS THAT WE ALL CONSIDER SO DEAR.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. GOODELL, THE SPEAKER AND ALL THE MEMBERS, BOBBIE, WE
WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY. SOUNDS LIKE YOUR
INFLUENCE HAS ARRIVED BEFORE YOU DID. BUT WE ARE SO HAPPY TO HAVE YOU
HERE. KNOW THAT YOU'RE ALWAYS WELCOME, AND OF COURSE AS A BARRISTER
WE'LL GIVE YOU A LOT OF WORK. THANK YOU SO VERY MUCH. CONTINUE THAT.
(APPLAUSE)
RESOLUTIONS ON PAGE 3, THE CLERK WILL READ.
THE CLERK: ASSEMBLY RESOLUTION NO. 894, RULES
AT THE REQUEST OF MS. WALLACE.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM MAY 15-21, 2022 AS HOME FIRE SPRINKLER
AWARENESS WEEK IN THE STATE OF NEW YORK, IN CONJUNCTION WITH THE
OBSERVANCE OF NATIONAL HOME FIRE SPRINKLER AWARENESS WEEK.
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. 895, RULES
AT THE REQUEST OF MR. ABBATE.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM MAY 15-21, 2022 AS POLICE WEEK IN THE
STATE OF NEW YORK.
ACTING SPEAKER AUBRY: MR. ANGELINO ON THE
RESOLUTION.
7
NYS ASSEMBLY MAY 16, 2022
MR. ANGELINO: THANK YOU, MR. SPEAKER. I WOULD
LIKE TO THANK THE -- THE SPONSOR OF THIS FOR BRINGING THIS FORWARD AND
BRINGING IT TO EVERYONE'S ATTENTION. I DON'T WANT -- I'LL BE BRIEF SO WE
CAN GET ON TO OUR BUSINESS, BUT I DON'T WANT THE BREVITY TO BE IN ANY
WAY CONSTRUED AS A LACK OF SINCERITY ON MY PART AS I TALK ABOUT MY
BROTHER AND SISTER OFFICERS, SOME OF WHOM HAVE GIVEN THEIR LIVES IN THE
LINE OF DUTY OR HAVE DIED FROM THEIR DUTIES AS WE SEE MORE AND MORE OF
THE WORLD TRADE CENTER OFFICERS BEING ADDED TO THE MEMORIAL WALL.
POLICE WEEK AND POLICE MEMORIAL DAY WEEK, MAY
15TH WAS STARTED IN 1962 BY PRESIDENT KENNEDY, AND IN THAT SHORT TIME
SINCE 1962 WITHIN MY LIFETIME OVER 23,000 NAMES HAVE BEEN ADDED TO
THE POLICE MEMORIAL WALL AT THE JUSTICE -- JUSTICE PARK IN WASHINGTON,
D.C. I'VE BEEN TO THAT MANY YEARS, MANY YEARS IN A ROW. I WENT DOWN
THERE AND WATCHED COLLEAGUES' NAMES BEING ETCHED INTO THE GRANITE
THERE. AND EVERYBODY HERE HAS HEARD ME SAY REPEATEDLY, IT'S NOT HOW
THESE OFFICERS DIED THAT MADE THEM HEROES, IT'S HOW THEY LIVED THEIR
LIVES. I HAVE SAID THAT BOTH HERE ON THE FLOOR MORE THAN ONCE, AND THE
REASON I USE THAT IS BECAUSE THAT, TOO, IS ETCHED IN STONE UNDER THE
GUARD OF A STATUESQUE LION AT THE POLICE MEMORIAL.
SO IT'S RIGHT AND FITTING THAT WE DO REMEMBER ALL THESE
POLICE OFFICERS WHO GAVE THEIR LIVES IN THE SERVICE PROTECTING ALL OF US.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, MR.
ANGELINO.
ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING
8
NYS ASSEMBLY MAY 16, 2022
AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 896, RULES
AT THE REQUEST OF MR. BRABENEC.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM MAY 15-21, 2022 AS EMERGENCY MEDICAL
SERVICES WEEK 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. 897, RULES
AT THE REQUEST OF MR. BYRNE.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM MARCH 6, 2022 AS DENTIST'S DAY IN THE STATE
OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 898, RULES
AT THE REQUEST OF MR. CYMBROWITZ.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM MAY 2022 AS STROKE 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.
9
NYS ASSEMBLY MAY 16, 2022
THE CLERK: ASSEMBLY RESOLUTION NO. 899, RULES
AT THE REQUEST OF MR. EPSTEIN.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM MAY 2022 AS LOWER EAST SIDE HISTORY
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. 900, RULES
AT THE REQUEST OF MR. CUSICK.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM SEPTEMBER 4-10, 2022 AS DUCHENNE
MUSCULAR DYSTROPHY AWARENESS WEEK 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. 901, RULES
AT THE REQUEST OF MRS. BARRETT.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM SEPTEMBER 29-OCTOBER 9, 2022 AS CIDER
WEEK 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. 902, RULES
10
NYS ASSEMBLY MAY 16, 2022
AT THE REQUEST OF MS. HUNTER.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM OCTOBER 2022 AS CAREERS IN CONSTRUCTION
MONTH IN THE STATE OF NEW YORK, IN --
ACTING SPEAKER AUBRY: ON THE RESOLUTION --
THE CLERK: -- CONJUNCTION WITH THE OBSERVANCE OF
NATIONAL CAREERS IN CONSTRUCTION MONTH.
ACTING SPEAKER AUBRY: EXCUSE ME. ON THE
RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE
RESOLUTION IS ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 903, RULES
AT THE REQUEST OF MR. BRABENEC.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM SEPTEMBER 17-23, 2022 AS CONSTITUTION
WEEK 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.
WE'RE ON THE A-CALENDAR. PAGE 3 ON CONSENT, RULES
REPORT NO. 169, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00286-A, RULES
REPORT NO. 169, GUNTHER, STECK, JACOBSON, BRAUNSTEIN, CRUZ, HEVESI,
ENGLEBRIGHT, FERNANDEZ, BRABENEC, GRIFFIN. AN ACT TO AMEND THE
LABOR LAW, IN RELATION TO THE RESTRICTIONS ON CONSECUTIVE HOURS OF WORK
FOR NURSES.
11
NYS ASSEMBLY MAY 16, 2022
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00348-A, RULES
REPORT NO. 170, BRAUNSTEIN, FERNANDEZ, GOTTFRIED, CYMBROWITZ,
JACOBSON, GRIFFIN, REILLY, J.M. GIGLIO, TAGUE, RA, SEAWRIGHT, HEVESI.
AN ACT TO AMEND THE MENTAL HYGIENE LAW, IN RELATION TO PROVIDING
DISCHARGED PATIENTS WITH CERTAIN EDUCATIONAL MATERIALS REGARDING
SUBSTANCE USE DISORDERS AND TWO DOSES OF AN OPIOID ANTAGONIST IN A
FORM APPROVED FOR TAKE-HOME USE; TO AMEND THE CORRECTION LAW, IN
RELATION TO PROVIDING PREVIOUSLY-INCARCERATED INDIVIDUALS WITH CERTAIN
EDUCATIONAL MATERIALS REGARDING SUBSTANCE USE DISORDERS AND TWO DOSES
OF AN OPIOID ANTAGONIST IN A FORM APPROVED FOR TAKE-HOME USE UPON
DISCHARGE FROM INCARCERATION; AND TO AMEND THE PUBLIC HEALTH LAW, IN
RELATION TO THE PROVISION OF OPIOID ANTAGONISTS FOR TAKE-HOME USE UPON
DISCHARGE FROM THE HOSPITAL.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
BRAUNSTEIN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00642-C, RULES
REPORT NO. 171, CARROLL, COLTON, DINOWITZ, GOTTFRIED, GALEF, PAULIN,
LUPARDO, REYES, SEAWRIGHT, D. ROSENTHAL, SILLITTI, GALLAGHER,
GONZÁLEZ-ROJAS, SIMON, FRONTUS, ENGLEBRIGHT, LUNSFORD, SOLAGES,
CAHILL, CRUZ, SAYEGH, JACKSON, FERNANDEZ, JEAN-PIERRE, ROZIC, TAYLOR,
JACOBSON, MAMDANI, EPSTEIN, ZINERMAN, OTIS, L. ROSENTHAL, THIELE,
QUART, NIOU, ANDERSON, BURGOS, DAVILA, STIRPE, FAHY, ABINANTI,
KELLES, TAPIA, GIBBS, FORREST, DE LOS SANTOS, GLICK, KIM, DICKENS,
12
NYS ASSEMBLY MAY 16, 2022
J.D. RIVERA, BURDICK, MEEKS, WALKER, CUNNINGHAM, HYNDMAN,
BARRETT, AUBRY. AN ACT TO AMEND THE ELECTION LAW, IN RELATION TO
COUNTING OF AFFIDAVIT BALLOTS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00655, RULES REPORT
NO. 172, L. ROSENTHAL. AN ACT TO AMEND PARAGRAPH 9 OF SUBDIVISION A
OF SECTION 26-405 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW
YORK, RELATING TO HEARINGS REGARDING BIENNIAL MAXIMUM BASE RENT
ADJUSTMENTS.
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 A.655. 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. A00658-A, RULES
REPORT NO. 173, L. ROSENTHAL, STIRPE, JACOBSON. AN ACT TO AMEND THE
MENTAL HYGIENE LAW, IN RELATION TO ESTABLISHING THE PROBLEM
GAMBLING ADVISORY COUNCIL.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
13
NYS ASSEMBLY MAY 16, 2022
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 658-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. A00887-C, RULES
REPORT NO. 174, PAULIN, HUNTER, GALEF, J.M. GIGLIO, MCDONOUGH,
SIMON, QUART, GOTTFRIED, BICHOTTE HERMELYN, ABBATE, OTIS, J. RIVERA,
FAHY, WEPRIN, NIOU, SEAWRIGHT. AN ACT TO AMEND THE GENERAL
BUSINESS LAW, IN RELATION TO HUMAN TRAFFICKING AWARENESS AND TRAINING
FOR CERTAIN LODGING FACILITY EMPLOYERS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A01031, RULES REPORT
NO. 175, ZEBROWSKI, GALEF, ABINANTI, MAGNARELLI, WEPRIN,
MCDONOUGH, LAWLER, MCMAHON. AN ACT TO AMEND THE UNIFORM
JUSTICE COURT ACT, IN RELATION TO ESTABLISHING MINIMUM EDUCATIONAL
REQUIREMENTS F CERTAIN TOWN AND VILLAGE JUSTICES.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A01287-B, RULES
14
NYS ASSEMBLY MAY 16, 2022
REPORT NO. 176, MAGNARELLI, HUNTER, STIRPE, WOERNER, CONRAD,
WALLACE, MCMAHON, STECK. AN ACT TO AMEND THE RAILROAD LAW, IN
RELATION TO REQUIRING CERTAIN TRAINS AND LOCOMOTIVES TO HAVE A CREW SIZE
OF NOT LESS THAN TWO PERSONS; AND PROVIDING FOR THE REPEAL OF SUCH
PROVISIONS UPON EXPIRATION THEREOF.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A01384, RULES REPORT
NO. 177, CARROLL, GOTTFRIED, DICKENS, LUPARDO, REYES, J. RIVERA,
ANDERSON, JACKSON, L. ROSENTHAL, THIELE. AN ACT TO AMEND THE PUBLIC
SERVICE LAW, IN RELATION TO ADJUSTMENT OF ELECTRIC RESIDENTIAL FIXED
CHARGES.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
CARROLL, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED AND THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A01880-A, RULES
REPORT NO. 178, DINOWITZ, OTIS, EPSTEIN, BURDICK, GLICK. AN ACT
RELATING TO HOME HEALTH AIDES AND NURSE'S AIDES TO RECEIVE TRAINING IN
WORKING WITH PATIENTS OF DIVERSE SEXUAL ORIENTATIONS AND GENDER
IDENTITIES OR EXPRESSIONS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A03470-C, RULES
REPORT NO. 179, GOTTFRIED, EPSTEIN, JACOBSON, THIELE, SIMON,
SEAWRIGHT, DINOWITZ, BENEDETTO, SAYEGH, REYES, GLICK, ABINANTI,
CRUZ, PAULIN, SOLAGES, L. ROSENTHAL, GUNTHER, AUBRY, GALEF, STECK,
NIOU, WEPRIN, TAYLOR, JEAN-PIERRE, FORREST, MITAYNES, HEVESI,
15
NYS ASSEMBLY MAY 16, 2022
LUNSFORD, BRAUNSTEIN, MAMDANI, ZINERMAN, KELLES, MCDONALD, CAHILL,
GONZÁLEZ-ROJAS, BRONSON, ANDERSON, GRIFFIN, BURDICK, DURSO, CLARK,
VANEL, GIBBS, KIM, FAHY, FERNANDEZ, RAMOS, CARROLL, DAVILA,
JACKSON. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO
REGULATION OF THE BILLING OF FACILITY FEES.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A03582-A, RULES
REPORT NO. 180, HUNTER. AN ACT TO AMEND CHAPTER 266 OF THE LAWS OF
1981 AMENDING THE CIVIL PRACTICE LAW AND RULES RELATING TO TIME
LIMITATIONS, IN RELATION TO PERMANENTLY EXTENDING TIME LIMITATIONS FOR
CERTAIN ACTIONS.
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 3582-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. A03714, RULES REPORT
NO. 181, L. ROSENTHAL. AN ACT TO AMEND THE REAL PROPERTY LAW, IN
RELATION TO REQUIRING THE DISCLOSURE OF INDOOR MOLD HISTORY UPON THE
16
NYS ASSEMBLY MAY 16, 2022
SALE OF CERTAIN REAL PROPERTY.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A03798-A, RULES
REPORT NO. 182, CYMBROWITZ, SIMON, BURDICK. AN ACT TO AMEND THE
PRIVATE HOUSING FINANCE LAW, IN RELATION TO ESTABLISHING THE
SUSTAINABLE AFFORDABLE HOUSING INCENTIVE PROGRAM.
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 3798-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. A04333, RULES REPORT
NO. 183, ABINANTI. AN ACT TO AMEND THE ELECTION LAW, IN RELATION TO
ADDITIONAL DAYS OF VOTING AS A RESULT OF EMERGENCIES.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A05213, RULES REPORT
NO. 184, WALKER. AN ACT TO AMEND THE CORRECTION LAW, IN RELATION TO
THE DEFINITION OF "DIRECT RELATIONSHIP" FOR THE PURPOSES OF ARTICLE 23-A
OF THE CORRECTION LAW REGARDING THE LICENSURE AND EMPLOYMENT OF
17
NYS ASSEMBLY MAY 16, 2022
PERSONS PREVIOUSLY CONVICTED OF ONE OR MORE CRIMINAL OFFENSES.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A05817-A, RULES
REPORT NO. 185, HUNTER. AN ACT TO AMEND THE SOCIAL SERVICES LAW, IN
RELATION TO PUBLIC NOTICE OF BASIC RIGHTS.
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 ON THE 90TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL READ
THE -- THE CLERK WILL RECORD THE VOTE ON SENATE PRINT 3178-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. A05897, RULES REPORT
NO. 186, DINOWITZ, GALEF, GOTTFRIED. AN ACT TO AMEND THE PUBLIC
SERVICE LAW, IN RELATION TO THE MINIMUM REQUIREMENTS FOR A QUORUM.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
18
NYS ASSEMBLY MAY 16, 2022
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 5897. 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. A06165-A, RULES
REPORT NO. 187, EPSTEIN, GALLAGHER, STECK, JACKSON, GALEF. AN ACT TO
AMEND THE REAL PROPERTY LAW, IN RELATION TO ENACTING THE ELECTRIC
VEHICLE RIGHTS ACT.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A06210-B, RULES
REPORT NO. 188, LAVINE. AN ACT AUTHORIZING THE NORTH SHORE CENTRAL
SCHOOL DISTRICT TO ESTABLISH A POWER PLANT TAX ASSESSMENT RESERVE
FUND.
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 6210-B. 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.
19
NYS ASSEMBLY MAY 16, 2022
(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. A06231, RULES REPORT
NO. 189, THIELE, NORRIS, BARRETT, WOERNER, J.A. GIGLIO, J.D. RIVERA,
KELLES, WALLACE, SMITH, GANDOLFO, BRABENEC, HUNTER, STECK. AN ACT TO
AMEND THE REAL PROPERTY LAW, IN RELATION TO MANUFACTURED HOME
PARKS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A06378-C, RULES
REPORT NO. 190, DIPIETRO. AN ACT TO AMEND THE HIGHWAY LAW, IN
RELATION TO DESIGNATING A PORTION OF THE STATE HIGHWAY SYSTEM IN THE
TOWN OF WALES AS THE "PETTY OFFICER ROBERT SEGOOL MEMORIAL
HIGHWAY."
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
DIPIETRO, 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 6549-B. 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.)
20
NYS ASSEMBLY MAY 16, 2022
MR. DIPIETRO.
MR. DIPIETRO: THANK YOU, MR. SPEAKER. JUST A
QUICK. THIS -- ROBERT "FRENCHIE" SEGOOL WAS A FRIEND OF MINE. HE
PASSED AWAY A FEW YEARS AGO. NEVER SPOKE MUCH ABOUT THE WAR IN
VIETNAM UNTIL I WENT TO HIS FUNERAL, AND ON HIS CASKET OVERLAYED WITH
VELVET, OVER 70 MEDALS. HE WAS THE MOST DECORATED -- ONE OF THE MOST
DECORATED, IF NOT THE MOST DECORATED VETERAN IN THE VIETNAM WAR. AN
AMAZING INDIVIDUAL. SO I'M PROUD TO STAND AND HONOR HIM AND HIS
FAMILY.
SO I APPRECIATE IT. THANK YOU VERY MUCH, MR.
SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06727-A, RULES
REPORT NO. 191, ZEBROWSKI, ABINANTI, CARROLL, B. MILLER, PAULIN,
THIELE, MCDONALD, SEAWRIGHT, FAHY. AN ACT TO AMEND THE EDUCATION
LAW, IN RELATION TO PHYSICAL THERAPIST ASSISTANTS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 545TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 6727-A. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
21
NYS ASSEMBLY MAY 16, 2022
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06945-A, RULES
REPORT NO. 192, STECK, WALSH. AN ACT TO AMEND THE MENTAL HYGIENE
LAW, IN RELATION TO ESTABLISHING AN ADDICTION RECOVERY SUPPORTIVE
TRANSPORTATION SERVICES DEMONSTRATION PROGRAM.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JUNE 1, 2022.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 6945-A. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER, TO EXPLAIN
MY VOTE. I'M VERY PROUD TO BE A COSPONSOR OF THIS PIECE OF LEGISLATION
WHICH AMENDS THE MENTAL HYGIENE LAW TO REQUIRE THE COMMISSIONER
TO DEVELOP AN ADDICTION RECOVERY SUPPORTIVE TRANSPORTATION SERVICES
DEMONSTRATION PROGRAM THAT WILL PROVIDE INDIVIDUALS RECEIVING
TREATMENT FROM AN INPATIENT, RESIDENTIAL OR OUTPATIENT TREATMENT SERVICE
22
NYS ASSEMBLY MAY 16, 2022
PROVIDER WITH THE TRANSPORTATION NECESSARY TO PARTICIPATE IN TREATMENT
AND OTHER ESSENTIAL ACTIVITIES. I -- I THINK THAT IT'S SO IMPORTANT THAT
WHEN PEOPLE ARE STRUGGLING WITH MENTAL HEALTH ISSUES THAT THEY GET THE
HELP THEY NEED, AND A BIG PART ABOUT GETTING THE HELP THEY NEED IS TO
REMOVE BARRIERS OF TRANSPORTATION SO THEY CAN ACTUALLY GET TO THEIR
APPOINTMENTS AND GET THE HELP THAT THEY NEED.
SO I KNOW THAT THIS IS SOMETHING WHERE THE FUNDING IS
GOING TO HAVE TO BE FOUND TO SUPPORT THIS LEGISLATION, BUT I THINK THIS IS
A VERY WORTHY INVESTMENT. I'M VERY HAPPY TO SUPPORT IT. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU. MS.
WALSH IN THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07347, RULES REPORT
NO. 193, HEVESI. AN ACT TO AMEND THE DOMESTIC RELATIONS LAW AND
THE SOCIAL SERVICES LAW, IN RELATION TO THE RIGHTS OF NON-MARITAL
PARENTS IN ADOPTION, SURRENDER AND TERMINATION OF PARENTAL RIGHTS
PROCEEDINGS IN FAMILY COURT AND SURROGATE'S COURT; AND TO REPEAL
SUBDIVISION 12 OF SECTION 384-B OF THE SOCIAL SERVICES LAW RELATING
THERETO.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
HEVESI, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED AND THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A07404-A, RULES
23
NYS ASSEMBLY MAY 16, 2022
REPORT NO. 194, STECK. AN ACT TO AUTHORIZE THE NEW YORK STATE
ENERGY RESEARCH AND DEVELOPMENT AUTHORITY TO PREPARE A REPORT ON
THE ESTABLISHMENT OF A NEW YORK RENEWABLE ENERGY LABORATORY.
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 7404-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. LAWLER TO EXPLAIN HIS VOTE.
MR. LAWLER: THANK YOU, MR. SPEAKER. LAST WEEK
WE HAD A HEARING, AND THE VERY FIRST WITNESS WAS THE PRESIDENT OF
NYSERDA. IT WAS AN ABSOLUTE EMBARRASSMENT, HER INABILITY TO
ANSWER A VERY SIMPLE QUESTION ABOUT WHAT THE COST WOULD BE FOR THE
AVERAGE NEW YORKER TO RETROFIT THEIR HOME AND CONVERT IT FROM A
NATURAL GAS HOME TO AN ELECTRIC HOME. THIS BILL IS GOING TO GIVE
AUTHORITY FOR NYSERDA TO PREPARE A REPORT ON THE ESTABLISHMENT OF A
NEW YORK RENEWABLE ENERGY LABORATORY. I HOPE AS PART OF THAT REPORT
THE PRESIDENT OF NYSERDA CAN FIGURE OUT WHAT IT WOULD COST THE
AVERAGE NEW YORK HOMEOWNER TO CONVERT THEIR HOME. SIXTY PERCENT
OF NEW YORKERS RELY ON NATURAL GAS CURRENTLY. THERE HAVE BEEN REPORTS
AND ESTIMATES THAT IT WOULD COST THE AVERAGE NEW YORKER $35,000 TO
CONVERT THEIR HOME. THIS IS CRITICALLY IMPORTANT AS WE MOVE FORWARD
24
NYS ASSEMBLY MAY 16, 2022
FOR NEW YORKERS TO UNDERSTAND. LOW-INCOME NEW YORKERS,
MIDDLE-CLASS FAMILIES, WHAT IT WILL COST TO CONVERT THEIR HOME. AND THE
FACT THAT THE PRESIDENT OF NYSERDA DIDN'T HAVE AN ANSWER IS
SHOCKING AND IT SHOULD ALARM EVERYONE IN THIS CHAMBER AND ACROSS THE
STATE OF NEW YORK.
SO I CERTAINLY HOPE AS WE AUTHORIZE NYSERDA TO
ACTUALLY DO STUDIES, PREPARE REPORTS ON COSTS, THAT THEY ACTUALLY PROVIDE
REAL ANSWERS TO NEW YORKERS. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. LAWLER, AND HOW
DO YOU VOTE? MR. LAWLER IN THE AFFIRMATIVE. THANK YOU, SIR.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07425, RULES REPORT
NO. 195, ABBATE. AN ACT TO AMEND THE ESTATES, POWERS AND TRUSTS
LAW, IN RELATION TO CREATING AN ALTERNATIVE METHOD TO COMPROMISING AN
AWARD ISSUED BY THE SEPTEMBER 11TH VICTIM COMPENSATION FUND
(VCF).
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 7425. 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.)
25
NYS ASSEMBLY MAY 16, 2022
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07426, RULES REPORT
NO. 196, ABBATE. AN ACT TO AMEND THE ESTATES, POWERS AND TRUSTS
LAW, IN RELATION TO ALLOWING A DULY-APPOINTED PERSONAL REPRESENTATIVE
OF THE ESTATE OF A VICTIM OF THE SEPTEMBER 11, 2001 TERRORIST ATTACKS TO
FILE A CLAIM WITH THE SEPTEMBER 11TH VICTIM COMPENSATION FUND.
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 7426. 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. A07699, RULES REPORT
NO. 197, HUNTER, MCDONALD, LUPARDO, CLARK. AN ACT TO AMEND THE
INSURANCE LAW, IN RELATION TO MODIFYING CERTAIN INTEREST RATES FOR LIFE
INSURANCE WITHIN THE STANDARD NONFORFEITURE LAW.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
HUNTER, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
26
NYS ASSEMBLY MAY 16, 2022
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 6666. 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. A07746-A, RULES
REPORT NO. 198, LUPARDO. AN ACT TO AMEND THE ALCOHOLIC BEVERAGE
CONTROL LAW, IN RELATION TO THE DEFINITION OF NEW YORK STATE LABELED
BEER.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
LUPARDO, 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 7655-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.
27
NYS ASSEMBLY MAY 16, 2022
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07748-A, RULES
REPORT NO. 199, THIELE, CAHILL, GALEF, GOTTFRIED, MAGNARELLI,
MCDONOUGH, OTIS, STECK, ZEBROWSKI, PAULIN. AN ACT TO AMEND THE
ELECTION LAW, IN RELATION TO AUTHORIZING REGISTRATION RECORDS OF VICTIMS
OF SEXUAL VIOLENCE TO BE KEPT CONFIDENTIAL IN CERTAIN CASES.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A07832-A, RULES
REPORT NO. 200, JONES. AN ACT TO AMEND THE HIGHWAY LAW, IN RELATION
TO DESIGNATING A PORTION OF THE STATE HIGHWAY SYSTEM AS THE "SAMUEL
TROMBLEY MEMORIAL BRIDGE."
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 SENATE -- ASSEMBLY PRINT 7832-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. A07882-A, RULES
REPORT NO. 201, ABINANTI, DARLING. AN ACT TO AMEND THE SOCIAL
28
NYS ASSEMBLY MAY 16, 2022
SERVICES LAW, THE ABANDONED PROPERTY LAW, THE ARTS AND CULTURAL
AFFAIRS LAW, THE CRIMINAL PROCEDURE LAW, THE DEBTOR AND CREDITOR
LAW, THE DOMESTIC RELATIONS LAW, THE EDUCATION LAW, THE
EXECUTIVE LAW, THE FAMILY COURT ACT, THE INSURANCE LAW, THE
JUDICIARY LAW, THE MENTAL HYGIENE LAW, THE PUBLIC HEALTH LAW, THE
PUBLIC LANDS LAW, THE PRIVATE HOUSING FINANCE LAW, THE REAL
PROPERTY ACTIONS AND PROCEEDINGS LAW, THE REAL PROPERTY LAW, THE
REAL PROPERTY TAX LAW, THE TAX LAW, THE FACILITIES DEVELOPMENT
CORPORATION ACT AND THE MEDICAL CARE FACILITIES FINANCE AGENCY ACT,
IN RELATION TO REPLACING CERTAIN INSTANCES OF THE TERM "MENTALLY
RETARDED" OR VARIATIONS OF SUCH TERM WITH THE TERM "DEVELOPMENTALLY
DISABLED" OR VARIATIONS OF SUCH TERM.
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 7882-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. A07933-C, RULES
REPORT NO. 202, GONZÁLEZ-ROJAS, EPSTEIN, HEVESI, BICHOTTE HERMELYN,
29
NYS ASSEMBLY MAY 16, 2022
SIMON, O'DONNELL, BURDICK, PAULIN, GLICK, SEAWRIGHT, DICKENS, SILLITTI,
GOTTFRIED, GALLAGHER, ZINERMAN, TAYLOR, BURGOS, J.D. RIVERA,
MAMDANI, FORREST, GALEF, CARROLL, DAVILA, CRUZ, NIOU, BRONSON, CLARK,
KELLES, KIM. AN ACT TO AMEND THE ELECTION LAW, IN RELATION TO
INCLUDING INDIVIDUALS WHO DO NOT IDENTIFY EXCLUSIVELY AS A BINARY
GENDER IN ELIGIBILITY FOR PARTY POSITIONS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A08102-A, RULES
REPORT NO. 203, CLARK, SEAWRIGHT. AN ACT TO AMEND THE CRIMINAL
PROCEDURE LAW AND THE FAMILY COURT ACT, IN RELATION TO REQUIRING THE
COURT TO ORDER THE SEARCH FOR AND IMMEDIATE SEIZURE OF CERTAIN FIREARMS
WHEN A DEFENDANT WILLFULLY REFUSES TO SURRENDER SUCH FIREARMS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A08299-A, RULES
REPORT NO. 204, RA. AN ACT TO AMEND THE NASSAU COUNTY CIVIL
DIVISIONS ACT, IN RELATION TO THE VOLUNTEER AND EXEMPT FIREMEN'S
BENEVOLENT ASSOCIATION OF WESTBURY.
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 8299-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.)
30
NYS ASSEMBLY MAY 16, 2022
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A08419, RULES REPORT
NO. 205, CYMBROWITZ. AN ACT TO AMEND THE MENTAL HYGIENE LAW, IN
RELATION TO REQUIRING THE OFFICE OF ADDICTION SERVICES AND SUPPORTS TO
DEVELOP TRAINING MATERIALS FOR HEALTHCARE PROVIDERS AND QUALIFIED
HEALTH PROFESSIONALS TO ENCOURAGE IMPLEMENTATION OF THE SCREENING,
BRIEF INTERVENTION AND REFERRAL TO TREATMENT PROGRAM.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
CYMBROWITZ, 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 345. 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. A08518, RULES REPORT
NO. 206, J.D. RIVERA. AN ACT TO AMEND THE ENVIRONMENTAL
CONSERVATION LAW AND THE STATE LAW, IN RELATION TO THE RE-DESIGNATION
31
NYS ASSEMBLY MAY 16, 2022
OF SQUAW ISLAND IN ONTARIO COUNTY AS SKENOH ISLAND.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
RIVERA, 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 7483. 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. A08572-A, RULES
REPORT NO. 207, GUNTHER, SAYEGH. AN ACT TO AMEND THE PUBLIC HEALTH
LAW, IN RELATION TO PERSONAL CAREGIVING VISITORS FOR GENERAL HOSPITAL
PATIENTS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 45TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON A.8572-A. THIS 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.
32
NYS ASSEMBLY MAY 16, 2022
(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. A08604, RULES REPORT
NO. 208, FORREST, GOTTFRIED, KELLES, SOLAGES, ANDERSON, MITAYNES,
L. ROSENTHAL, SEAWRIGHT, VANEL, JACKSON, TAPIA, LUNSFORD, LUCAS,
LAWLER, GRIFFIN, MCDONALD, GUNTHER, MAMDANI, GONZÁLEZ-ROJAS, DE
LOS SANTOS, BURDICK, ZINERMAN, SILLITTI, SIMON, AUBRY, MCMAHON,
ABINANTI, GALEF. AN ACT TO AMEND THE SOCIAL SERVICES LAW, IN RELATION
TO INCREASING ACCESS TO NON-INVASIVE PRENATAL TESTING UNDER MEDICAID.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT APRIL 1ST.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 8604. 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. A08610-A, RULES
REPORT NO. 209, ABINANTI, SANTABARBARA, DINOWITZ, GONZÁLEZ-ROJAS,
AUBRY, ENGLEBRIGHT, GOTTFRIED, SIMON, HUNTER, CAHILL, COOK, SILLITTI,
OTIS, SAYEGH. AN ACT PROVIDING THAT A STUDENT ENROLLED IN AN
33
NYS ASSEMBLY MAY 16, 2022
INDIVIDUALIZED EDUCATION PROGRAM DURING CERTAIN SCHOOL YEARS MAY
CONTINUE TO RECEIVE EDUCATIONAL SERVICES UNTIL THE STUDENT COMPLETES
THE SERVICES PURSUANT TO THE INDIVIDUALIZED EDUCATION PROGRAM OR TURNS
23 YEARS OLD, WHICHEVER IS SOONER; AND TO PROVIDE FOR THE REPEAL OF
SUCH PROVISIONS UPON THE EXPIRATION 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 8610-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. A08617, RULES REPORT
NO. 210, MEEKS, CLARK, LUPARDO. AN ACT TO AMEND THE INSURANCE LAW,
IN RELATION TO AUTHORIZING LIFE INSURERS TO ESTABLISH WELLNESS PROGRAMS.
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 8617. 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.
34
NYS ASSEMBLY MAY 16, 2022
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER EICHENSTEIN: ARE THERE ANY
OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A08810, RULES REPORT
NO. 211, LAVINE. AN ACT TO AMEND SECTION 3 OF CHAPTER 233 OF THE
LAWS OF 2000, RELATING TO AUTHORIZING THE TOWN BOARDS OF THE TOWNS OF
OYSTER BAY AND NORTH HEMPSTEAD, COUNTY OF NASSAU, TO ESTABLISH THE
GOLD COAST PUBLIC LIBRARY DISTRICT, IN RELATION TO THE TIME LIMITS FOR
POSTING PUBLICATION OF NOTICE OF ELECTION AND FILING CANDIDATE PETITIONS.
ACTING SPEAKER EICHENSTEIN: ON A MOTION
BY MR. LAVINE, 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 EICHENSTEIN: THE CLERK
WILL RECORD THE VOTE ON ASSEMBLY A.88 -- SENATE PRINT 7611. 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.
35
NYS ASSEMBLY MAY 16, 2022
THE CLERK: ASSEMBLY NO. A08822, RULES REPORT
NO. 212, JACOBSON. AN ACT TO AMEND THE LABOR LAW, IN RELATION TO
INCLUDING STEWART INTERNATIONAL AIRPORT IN THE DEFINITION OF COVERED
AIRPORT LOCATION FOR THE PURPOSES OF MINIMUM WAGE RATES.
ACTING SPEAKER EICHENSTEIN: THE BILL IS
LAID ASIDE.
THE CLERK: ASSEMBLY NO. A08881-A, RULES
REPORT NO. 213, WALLACE, SIMON, GALLAGHER, GLICK, TAPIA, GALEF,
GRIFFIN, MCDONALD, MAGNARELLI, STIRPE, CAHILL, SEAWRIGHT, O'DONNELL,
GUNTHER, GOTTFRIED, MORINELLO, STERN, JONES, LUNSFORD, ZINERMAN,
FAHY, ABINANTI, L. ROSENTHAL. AN ACT TO AMEND THE PUBLIC HEALTH
LAW, IN RELATION TO ESTABLISHING THE OFFICE OF HOSPICE AND PALLIATIVE
CARE ACCESS AND QUALITY.
ACTING SPEAKER EICHENSTEIN: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER EICHENSTEIN: THE CLERK
WILL RECORD THE VOTE ON ASSEMBLY PRINT 8881-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. MORINELLO TO EXPLAIN HIS VOTE.
MR. MORINELLO: THANK YOU, MR. SPEAKER. I
36
NYS ASSEMBLY MAY 16, 2022
WOULD LIKE TO COMMEND THE SPONSOR ON THIS BILL. RECENTLY I HAD THE
EXPERIENCE WITH HOSPICE FOR BOTH AN AUNT AND MY MOTHER. BOTH WITHIN
THE LAST TWO MONTHS. PEOPLE DO NOT SEEM TO UNDERSTAND THE IMPORTANCE
OF PALLIATIVE CARE AND HOSPICE'S ABILITY TO ASSIST NOT ONLY THE FAMILIES,
BUT THOSE EXPERIENCING END-OF-LIFE ISSUES. HOSPICE IS ALMOST THE
SUPPORT FOR THE FAMILIES. IT HELPS YOU DEAL WITH IT BOTH DURING THE TIME
PERIOD OF THE ILLNESS, THE PREPARATION FOR END OF LIFE, BUT MORE
IMPORTANTLY, HOSPICE IS THERE AFTER THE END OF LIFE TO HELP YOU OVERCOME
THE TRAUMA OF LOSING FAMILY MEMBERS, PARENTS AND AUNTS. THIS BILL WILL
MAKE HOSPICE AND PALLIATIVE CARE READILY AVAILABLE TO MORE INDIVIDUALS
BECAUSE IT WILL EXPLAIN IT TO THEM. IT WILL MAKE THEM AWARE. AND THIS
PARTICULAR BILL IS SOMETHING THAT IS DRASTICALLY NEEDED TO ASSIST THOSE
GOING THROUGH THE TRAUMA OF LOSS OF LIFE FOR RELATIVES AND FAMILY. ALSO,
HOSPICE HAS THE ABILITY TO HELP THOSE THAT MAY STILL BE COGNIZANT OF THEIR
ILLNESS BUT FACING END OF LIFE, TO HELP THEM PREPARE FOR A PEACEFUL
PASSING. AND WHAT'S IMPORTANT ABOUT A PEACEFUL PASSING IS THIS: YOU
DON'T SUFFER BODY TRAUMA. YOU DON'T SUFFER THE ADDITIONAL PAIN OF GOING
THROUGH FACING END OF LIFE.
SO THIS BILL IS VERY IMPORTANT. IT'S VERY IMPORTANT TO
ALL NEW YORKERS, AND AGAIN, I COMMEND THE SPONSOR FOR SPONSORING
THIS PARTICULAR BILL. THANK YOU VERY MUCH, MR. SPEAKER.
ACTING SPEAKER EICHENSTEIN: THANK YOU.
MR. MORINELLO IN THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
37
NYS ASSEMBLY MAY 16, 2022
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A08930, RULES REPORT
NO. 214, WOERNER. AN ACT TO AMEND THE WORKERS' COMPENSATION LAW,
IN RELATION TO INCLUDING COVERAGE OF TREATMENT RENDERED BY A MASSAGE
THERAPIST.
ACTING SPEAKER EICHENSTEIN: ON A MOTION
BY MS. WOERNER, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL
IS ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 30TH
DAY.
ACTING SPEAKER EICHENSTEIN: THE CLERK
WILL RECORD THE VOTE ON SENATE PRINT 2138. 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. A09102, RULES REPORT
NO. 215, GONZÁLEZ-ROJAS, ENGLEBRIGHT, GUNTHER, L. ROSENTHAL, HEVESI,
GOTTFRIED, SEAWRIGHT, BRONSON, CLARK, TAYLOR, EPSTEIN, SIMON, GLICK,
DICKENS, SILLITTI, GIBBS, DE LOS SANTOS, NIOU, KELLES, PAULIN,
J. RIVERA, JEAN-PIERRE, DAVILA. AN ACT TO REQUIRE THE OFFICE OF MENTAL
38
NYS ASSEMBLY MAY 16, 2022
HEALTH AND THE DEPARTMENT OF HEALTH TO CONDUCT A STUDY ON THE
DISPARATE IMPACTS REGARDING POSTPARTUM DEPRESSION SCREENING TESTS.
ACTING SPEAKER EICHENSTEIN: ON A MOTION
BY MS. GONZÁLEZ-ROJAS, THE SENATE BILL IS BEFORE THE HOUSE. THE
SENATE BILL IS ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER EICHENSTEIN: THE CLERK
WILL RECORD THE VOTE ON SENATE PRINT 7753. 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. A09128-A, RULES
REPORT NO. 216, STERN, STECK. AN ACT TO AMEND THE INSURANCE LAW, IN
RELATION TO AUTHORIZING DIVIDEND-PAYING DEFERRED INCOME ANNUITIES.
ACTING SPEAKER EICHENSTEIN: ON A MOTION
BY MR. STERN, 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 EICHENSTEIN: THE CLERK
39
NYS ASSEMBLY MAY 16, 2022
WILL RECORD THE VOTE ON SENATE PRINT 7744-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. A09154, RULES REPORT
NO. 217, WALLACE. AN ACT TO AMEND THE PUBLIC AUTHORITIES LAW, IN
RELATION TO CONTRACTS AWARDED BY THE ERIE COUNTY WATER AUTHORITY.
ACTING SPEAKER EICHENSTEIN: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER EICHENSTEIN: THE CLERK
WILL RECORD THE VOTE ON ASSEMBLY PRINT 9154. 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. A09268-A, RULES
REPORT NO. 218, BURDICK. AN ACT TO AMEND THE LABOR LAW, IN RELATION
40
NYS ASSEMBLY MAY 16, 2022
TO REQUIRING THAT NOTICE OF INITIAL DETERMINATIONS FOR UNEMPLOYMENT
BENEFITS BE PROVIDED.
ACTING SPEAKER EICHENSTEIN: ON A MOTION
BY MR. BURDICK, 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 EICHENSTEIN: THE CLERK
WILL RECORD THE VOTE ON SENATE PRINT 6828-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. BURDICK TO EXPLAIN HIS VOTE.
MR. BURDICK: THANK YOU, MR. SPEAKER. THIS IS A
VERY STRAIGHTFORWARD AND SIMPLE BILL TO PROVIDE GREATER DEPARTMENT OF
LABOR ACCOUNTABILITY ON UNEMPLOYMENT CLAIMS. IT SIMPLY REQUIRES THE
DEPARTMENT OF LABOR TO ISSUE DETERMINATIONS OF APPROVAL OR DENIAL
WITHIN 30 DAYS OF RECEIPT OF A COMPLETE APPLICATION. I THINK WE ALL
KNOW THAT DURING THE PANDEMIC THERE WAS JUST A DELUGE OF
UNEMPLOYMENT CLAIMS AND SO MANY OF OUR CONSTITUENTS CAME TO OUR
OFFICES TO TELL US THEIR STORIES OF WAITING WEEKS AND MONTHS TO HEAR
FROM THE DEPARTMENT OF LABOR. AND WHAT THIS WOULD DO IS SIMPLY
REQUIRE QUICKER DETERMINATIONS ON THE PART OF THE DEPARTMENT OF LABOR
AND TO IMPOSE THOSE ADDITIONAL ACCOUNTABILITY ON THEIR PART SO THAT
41
NYS ASSEMBLY MAY 16, 2022
CLAIMANTS CAN GET A RESPONSE AND THE ASSISTANCE THAT THEY NEED IN A
TIMELY MANNER. I WISH TO THANK THE STAFF FOR WORKING WITH ME ON THE
BILL AND TO THE SPEAKER FOR HIS SUPPORT IN BRINGING IT TO THE FLOOR.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER EICHENSTEIN: THANK YOU.
MR. BURDICK IN THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A09290, RULES REPORT
NO. 219, FORREST, GOTTFRIED, EPSTEIN, SIMON, GONZÁLEZ-ROJAS,
SEAWRIGHT, GLICK, VANEL, REYES, JACKSON, LUCAS, DAVILA, AUBRY,
GIBBS, MITAYNES. AN ACT TO AMEND THE SOCIAL SERVICES LAW, IN
RELATION TO REQUIRING ADULT CARE FACILITIES TO INCLUDE CERTAIN
DEMOGRAPHIC INFORMATION IN CERTAIN RECORDS MAINTAINED BY THE FACILITY.
ACTING SPEAKER EICHENSTEIN: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH
DAY.
ACTING SPEAKER EICHENSTEIN: THE CLERK
WILL RECORD THE VOTE ON ASSEMBLY PRINT 9290. 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.)
42
NYS ASSEMBLY MAY 16, 2022
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A09307-A, RULES
REPORT NO. 220, GRIFFIN, SOLAGES. AN ACT TO AMEND THE GENERAL
MUNICIPAL LAW AND THE PUBLIC AUTHORITIES LAW, IN RELATION TO
COUNTY-WIDE SHARED SERVICES PANELS.
ACTING SPEAKER EICHENSTEIN: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER EICHENSTEIN: THE CLERK
WILL RECORD THE VOTE ON ASSEMBLY PRINT 9307-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.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A09344-A, RULES
REPORT NO. 221, STECK. AN ACT TO AMEND THE MENTAL HYGIENE LAW, IN
RELATION TO PROVIDING OUTREACH SERVICES TO MAKE CERTAIN STAKEHOLDERS
AWARE OF THE INDEPENDENT SUBSTANCE USE DISORDER AND MENTAL HEALTH
OMBUDSMAN PROGRAM.
ACTING SPEAKER EICHENSTEIN: READ THE LAST
SECTION.
43
NYS ASSEMBLY MAY 16, 2022
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER EICHENSTEIN: THE CLERK
WILL RECORD THE VOTE ON ASSEMBLY PRINT 9344. 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. A09370-A, RULES
REPORT NO. 222, ZEBROWSKI, BRABENEC, LAWLER. AN ACT TO AMEND THE
HIGHWAY LAW, IN RELATION TO DESIGNATING A PORTION OF THE STATE
HIGHWAY SYSTEM IN ROCKLAND COUNTY AS THE "FIREFIGHTER JARED LLOYD
MEMORIAL HIGHWAY."
ACTING SPEAKER EICHENSTEIN: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER EICHENSTEIN: THE CLERK
WILL RECORD THE VOTE ON ASSEMBLY PRINT 9370-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.
44
NYS ASSEMBLY MAY 16, 2022
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A09372, RULES REPORT
NO. 223, 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 MAKING SUCH PROVISIONS
PERMANENT.
ACTING SPEAKER EICHENSTEIN: 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 EICHENSTEIN: THE CLERK
WILL RECORD THE VOTE ON SENATE PRINT 8282. 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. A09382-A, RULES
REPORT NO. 224, LAVINE. AN ACT TO AMEND THE HIGHWAY LAW, IN
RELATION TO DESIGNATING A PORTION OF THE STATE HIGHWAY SYSTEM IN THE
COUNTY OF NASSAU AS THE "POLICE OFFICER DANIEL J. GREER MEMORIAL
45
NYS ASSEMBLY MAY 16, 2022
BRIDGE."
ACTING SPEAKER EICHENSTEIN: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH
DAY.
ACTING SPEAKER EICHENSTEIN: THE CLERK
WILL RECORD THE VOTE ON ASSEMBLY PRINT 9382-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. LAVINE TO EXPLAIN HIS VOTE.
MR. LAVINE: THANK YOU, MR. SPEAKER. THIS BILL
PASSED UNANIMOUSLY IN TRANSPORTATION AND IN WAYS AND MEANS AND IN
RULES, AND IT WILL DESIGNATE A BRIDGE ON THE LONG ISLAND EXPRESSWAY IN
PLAINVIEW AS THE "DANIEL J -- "POLICE OFFICER DANIEL J. GREER MEMORIAL
BRIDGE." DANIEL GREER WAS KILLED PERFORMING HIS DUTIES IN DECEMBER
OF 1979, DECEMBER 16TH OF 1979, WHEN HE WAS HIT BY A DRUNK DRIVER
WHO THEN FLED AND WHO WAS SUBSEQUENTLY APPREHENDED. OFFICER GREER
GAVE HIS ALL, GAVE HIS LIFE, IN SERVICE TO OUR COMMUNITY OF NASSAU
COUNTY AND THE STATE OF NEW YORK. HE LEFT BEHIND A GRIEVING WIFE AND
TWO LITTLE CHILDREN. HE WAS POSTHUMOUSLY AWARDED THE PURPLE HEART.
WE CAN ONLY HOPE THAT WHAT WE DO HERE TODAY IN PASSING THIS BILL WILL
GIVE SOME MEASURE OF COMFORT TO HIS FAMILY AND HIS COLLEAGUES.
THANK YOU ALL FOR VOTING FOR THIS BILL, AND REST IN
46
NYS ASSEMBLY MAY 16, 2022
PEACE, OFFICER GREER. THANK YOU.
ACTING SPEAKER EICHENSTEIN: THANK YOU.
MR. LAVINE IN THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A09393, RULES REPORT
NO. 225, PEOPLES-STOKES. AN ACT TO AMEND THE RACING, PARI-MUTUEL
WAGERING AND BREEDING LAW, IN RELATION TO PROHIBITING REGIONAL
OFF-TRACK BETTING CORPORATIONS FROM PROVIDING ITEMS OF VALUE EXCEEDING
$15 TO CERTAIN ASSOCIATES OF THE CORPORATION.
ACTING SPEAKER EICHENSTEIN: THE BILL IS
LAID ASIDE.
THE CLERK: ASSEMBLY NO. A09394, RULES REPORT
NO. 226, PEOPLES-STOKES. AN ACT TO AMEND THE RACING, WAGERING --
PARI-MUTUEL WAGERING AND BREEDING LAW, IN RELATION TO PROHIBITING
OFF-TRACK BETTING CORPORATION VEHICLES FROM BEING USED AS TAKE-HOME
VEHICLES.
ACTING SPEAKER EICHENSTEIN: THE BILL IS
LAID ASIDE.
THE CLERK: ASSEMBLY NO. A09397-A, RULES
REPORT NO. 227, GOTTFRIED. AN ACT TO AMEND THE CORRECTION LAW AND
THE SOCIAL SERVICES LAW, IN RELATION TO THE ENROLLMENT OF INCARCERATED
INDIVIDUALS IN THE MEDICAL ASSISTANCE FOR NEEDY PERSONS PROGRAM.
ACTING SPEAKER EICHENSTEIN: THE BILL IS
47
NYS ASSEMBLY MAY 16, 2022
LAID ASIDE.
THE CLERK: ASSEMBLY NO. A09423-A, RULES
REPORT NO. 228, PEOPLES-STOKES. AN ACT TO AMEND THE EDUCATION LAW,
IN RELATION TO REDUCING THE SIGNATURE REQUIREMENT FOR PETITIONS FOR
CANDIDATES FOR THE SCHOOL BOARD OF THE CITY OF BUFFALO.
ACTING SPEAKER EICHENSTEIN: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER EICHENSTEIN: THE CLERK
WILL RECORD THE VOTE ON ASSEMBLY PRINT 9423-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. A09469, RULES REPORT
NO. 229, ABINANTI. AN ACT TO AMEND CHAPTER 504 OF THE LAWS OF 2016,
AMENDING THE TAX LAW RELATING TO AUTHORIZING THE TOWN OF
GREENBURGH TO ADOPT A LOCAL LAW TO IMPOSE A HOTEL/MOTEL OCCUPANCY
TAX FOR HOTELS NOT LOCATED IN A VILLAGE; AUTHORIZING SPECIFIED VILLAGES IN
THE TOWNS OF GREENBURGH AND MOUNT PLEASANT TO ADOPT LOCAL LAWS TO
IMPOSE A HOTEL/MOTEL OCCUPANCY TAX IN SUCH VILLAGES, IN RELATION TO
EXTENDING THE EFFECTIVENESS THEREOF.
48
NYS ASSEMBLY MAY 16, 2022
ACTING SPEAKER EICHENSTEIN: HOME RULE
MESSAGE IS AT THE DESK.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER EICHENSTEIN: THE CLERK
WILL RECORD THE VOTE ON ASSEMBLY PRINT 9469. 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. SOLAGES.
MS. SOLAGES: THANK YOU, MR. SPEAKER. CAN YOU
PLEASE NOTE ASSEMBLYMAN STIRPE AND BUTTENSCHON IN THE NEGATIVE?
ACTING SPEAKER EICHENSTEIN: SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A09474-B, RULES
REPORT NO. 230, DARLING, GRIFFIN. AN ACT TO AMEND THE PUBLIC
AUTHORITIES LAW, IN RELATION TO MEMBERSHIP ON THE NASSAU HEALTH CARE
CORPORATION BOARD.
ACTING SPEAKER EICHENSTEIN: THE BILL IS
LAID ASIDE.
THE CLERK: ASSEMBLY NO. A09493-A, RULES
REPORT NO. 231, STERN, THIELE, ENGLEBRIGHT, RAMOS, J.A. GIGLIO,
49
NYS ASSEMBLY MAY 16, 2022
GANDOLFO, MCDONOUGH, SOLAGES, GRIFFIN, SILLITTI, LAVINE, BURDICK,
MORINELLO, JONES, HEVESI. AN ACT TO AMEND THE BANKING LAW AND THE
EXECUTIVE LAW, IN RELATION TO CERTAIN NOTICES AND SERVICES UPON
APPLICATION FOR A MORTGAGE GUARANTEED UNDER THE "SERVICEMEN'S
READJUSTMENT ACT OF 1944"; AND PROVIDING FOR THE REPEAL OF CERTAIN
PROVISIONS UPON EXPIRATION THEREOF.
ACTING SPEAKER EICHENSTEIN: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 120TH
DAY.
ACTING SPEAKER EICHENSTEIN: THE CLERK
WILL RECORD THE VOTE ON ASSEMBLY PRINT 9493-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. A09494, RULES REPORT
NO. 232, SOLAGES. AN ACT TO AMEND THE NASSAU COUNTY CIVIL DIVISIONS
ACT, IN RELATION TO THE PURPOSE AND MEMBERSHIP OF THE VALLEY STREAM
VOLUNTEER AND EXEMPT FIREMEN'S BENEVOLENT ASSOCIATION AND THE USE
OF FOREIGN FIRE INSURANCE PREMIUM TAXES BY SUCH ASSOCIATION.
ACTING SPEAKER EICHENSTEIN: READ THE LAST
50
NYS ASSEMBLY MAY 16, 2022
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER EICHENSTEIN: THE CLERK
WILL RECORD THE VOTE ON ASSEMBLY PRINT 9494. 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. A09529, RULES REPORT
NO. 233, RAMOS, WEPRIN. AN ACT IN RELATION TO AUTHORIZING THE
ASSESSOR OF THE TOWN OF ISLIP, COUNTY OF SUFFOLK, TO ACCEPT FROM THE
IGLESIA DE JESUCRISTO PALABRA MIEL SANTIAGO ATITLAN LONG ISLAND NY AN
APPLICATION FOR EXEMPTION FROM REAL PROPERTY TAXES.
ACTING SPEAKER EICHENSTEIN: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER EICHENSTEIN: THE CLERK
WILL RECORD THE VOTE ON ASSEMBLY PRINT 9529. 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.)
51
NYS ASSEMBLY MAY 16, 2022
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A09612, RULES REPORT
NO. 234, BURDICK. AN ACT TO AMEND CHAPTER 506 OF THE LAWS OF 2016
AMENDING THE TAX LAW RELATING TO THE IMPOSITION OF AN OCCUPANCY TAX
IN THE TOWN OF NORTH CASTLE, IN RELATION TO EXTENDING THE EFFECTIVENESS
THEREOF.
ACTING SPEAKER EICHENSTEIN: HOME RULE
MESSAGE IS AT THE DESK.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER EICHENSTEIN: THE CLERK
WILL RECORD THE VOTE ON ASSEMBLY PRINT 9612. 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. SOLAGES.
MS. SOLAGES: MR. SPEAKER, CAN YOU PLEASE RECORD
MY COLLEAGUES IN THE NEGATIVE, MR. BARNWELL, MR. STIRPE AND MS.
MCMAHON?
ACTING SPEAKER EICHENSTEIN: SO NOTED.
MS. SOLAGES: THANK YOU.
ACTING SPEAKER EICHENSTEIN: ARE THERE ANY
52
NYS ASSEMBLY MAY 16, 2022
OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A09625, RULES REPORT
NO. 235, JACOBSON. AN ACT TO AMEND THE TAX LAW, IN RELATION TO
AUTHORIZING THE CITY OF NEWBURGH TO IMPOSE A HOTEL AND MOTEL TAX; AND
PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION THEREOF.
ACTING SPEAKER EICHENSTEIN: HOME RULE
MESSAGE IS AT THE DESK.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER EICHENSTEIN: THE CLERK
WILL RECORD THE VOTE ON ASSEMBLY PRINT 9625. 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. SOLAGES.
MS. SOLAGES: I HAVE ADDITIONAL NAMES FOR THESE
PEOPLE TO BE RECORDED IN THE NEGATIVE. ASSEMBLYMEMBER MCMAHON
AND BUTTENSCHON.
ACTING SPEAKER EICHENSTEIN: SO NOTED.
MS. SOLAGES: THANK YOU.
ACTING SPEAKER EICHENSTEIN: MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. PLEASE
53
NYS ASSEMBLY MAY 16, 2022
RECORD MY COLLEAGUES MR. REILLY AND MR. TANNOUSIS IN THE NEGATIVE.
THANK YOU, SIR.
ACTING SPEAKER EICHENSTEIN: SO NOTED.
ACTING SPEAKER AUBRY: MS. SOLAGES.
MS. SOLAGES: I HAVE ADDITIONAL NAMES TO BE
RECORDED IN THE NEGATIVE.
ACTING SPEAKER AUBRY: PLEASE.
MS. SOLAGES: ASSEMBLYMEMBERS BARNWELL AND
STIRPE.
ACTING SPEAKER AUBRY: THANK YOU SO MUCH.
SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A09628, RULES REPORT
NO. 236, BURDICK. AN ACT TO AMEND THE REAL PROPERTY LAW, IN RELATION
TO ALLOWING ACKNOWLEDGEMENTS AND PROOFS BY ANY OFFICER IN ACTIVE
SERVICE OF THE ARMED FORCES AUTHORIZED TO ACT AS A NOTARY.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
BURDICK, 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 4784-A. THIS IS A FAST ROLL CALL. ANY MEMBER
54
NYS ASSEMBLY MAY 16, 2022
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. BURDICK TO EXPLAIN HIS VOTE.
MR. BURDICK: THANK YOU, MR. SPEAKER. WE ALL
TRY TO BE RESPONSIVE TO THE NEEDS OF MEMBERS OF OUR ARMED SERVICES
AND THAT'S WHAT WE TRIED TO DO AS WELL, ESPECIALLY AS A MEMBER OF THE
VETERANS' COMMITTEE. THIS BILL CAME ABOUT DUE TO AN INCIDENT
INVOLVING A MEMBER OF THE ARMED SERVICES STATIONED OVERSEAS WHO RAN
INTO A BRICK WALL WHEN ATTEMPTING TO HAVE A POWER OF ATTORNEY
NOTARIZED ON BASE. SENATOR SHELLY MAYER ASKED ME TO CARRY THIS BILL
HERE IN THE ASSEMBLY, AND SHE EXPLAINS, IN THE PROCESS OF TRYING TO SELL
HER DECEASED MOTHER'S HOME, OUR OFFICE WAS CONTACTED BY A BROTHER
SERVING OVERSEAS AND SISTER THAT HAD RECEIVED A POWER OF ATTORNEY FROM
HIM THAT WAS REJECTED. THE POWER OF ATTORNEY WAS NEEDED SO THE SISTER
COULD SIGN THE DEED. A MEMBER OF THE UNITED STATES ARMY, THE
BROTHER, WENT THROUGH THE NOTARY SERVICE PROVIDED ON BASE. THE
POWER OF ATTORNEY WAS REJECTED BECAUSE THE OFFICER WHO NOTARIZED IT
DID NOT HAVE THE RANK OF SECOND LIEUTENANT OR HIGHER AS REQUIRED
UNDER NEW YORK -- NEW YORK LAW. HOWEVER, UNDER FEDERAL LAW ANY
OFFICER AUTHORIZED TO ACT AS A NOTARY, REGARDLESS OF RANK, MAY NOTARIZE
THE POWER OF ATTORNEY. THIS BILL SIMPLY CONFORMS NEW YORK LAW TO
WHAT'S PERMITTED UNDER FEDERAL LAW. WE ALL KNOW THAT THERE'S GRIEF
ENOUGH AS IT IS WHEN THERE'S A -- THE DEATH OF A LOVED ONE AND WE
CERTAINLY WANT TO EASE THAT BURDEN, AND THIS EASES IT JUST A BIT FOR THOSE
55
NYS ASSEMBLY MAY 16, 2022
SERVING OVERSEAS.
THANKS VERY MUCH. I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. BURDICK IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A09643, RULES REPORT
NO. 237, GUNTHER. AN ACT TO AMEND THE JUDICIARY -- JUDICIARY LAW, IN
RELATION TO STENOGRAPHERS APPOINTED BY THE ORANGE COUNTY DISTRICT
ATTORNEY.
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 9643. 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. A09716-A, RULES
REPORT NO. 238, GALEF. AN ACT TO AMEND THE AGRICULTURE AND MARKETS
LAW, IN RELATION TO ALTERNATE GENERATED POWER SOURCE AT RETAIL GASOLINE
OUTLETS.
56
NYS ASSEMBLY MAY 16, 2022
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 9716-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. A09722, RULES REPORT
NO. 239, REYES, LUPARDO. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN
RELATION TO PROVIDING FOR THE AUTOMATIC RESCHEDULING OF CERTAIN
COMPOUNDS, MIXTURES OR PREPARATIONS.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
REYES, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 8618. 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.)
57
NYS ASSEMBLY MAY 16, 2022
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
ON THE DEBATE LIST, PAGE 34, RULES REPORT NO. 553
[SIC], THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A04649, CALENDAR NO.
533, WOERNER. AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO
GIVING PREFERENCE TO ACCREDITED LAW ENFORCEMENT AGENCIES WHEN
AWARDING GRANT FUNDS.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MS. WOERNER.
MS. WOERNER: THANK YOU, MR. SPEAKER. THIS BILL
PROVIDES A -- ENSURES THAT THERE'S A PREFERENCE FOR ACCREDITED LAW
ENFORCEMENT AGENCIES IN THE AWARDING OF GRANT FUNDS IN COMPETITIVE
GRANTS.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD
THE SPONSOR YIELD?
ACTING SPEAKER AUBRY: MS. WOERNER, WILL
YOU YIELD?
MS. WOERNER: ABSOLUTELY.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. GOODELL: THANK YOU VERY MUCH, MS.
WOERNER. WHAT KIND OF GRANTS ARE WE TALKING ABOUT?
MS. WOERNER: SO, THERE ARE A LIMITED NUMBER OF
58
NYS ASSEMBLY MAY 16, 2022
GRANTS THAT ARE AVAILABLE TO LAW ENFORCEMENT AGENCIES. SOME OF THEM
ARE DISTRIBUTED BY FORMULA AND SOME ARE COMPETITIVE. SOME OF THE
COMPETITIVE ONES HAVE TO DO WITH -- LET'S SEE HERE. EXCUSE ME. CRIMES
AGAINST REVENUE PROGRAM IS A COMPETITIVE ONE. THE BURDEN GRANTS,
MOTOR VEHICLE THEFT AND INSURANCE FRAUD PREVENTION, THOSE ARE
COMPETITIVE GRANTS AS WELL.
MR. GOODELL: DO YOU HAVE A SENSE OF WHICH
DEPARTMENTS GENERALLY ARE ACCREDITED AND WHICH AREN'T OR AN IDEA OF
HOW MANY ARE ACCREDITED AND HOW MANY ARE NOT?
MS. WOERNER: THERE'S AN -- THERE'S AN
EXTRAORDINARILY LONG LIST OF ACCREDITED AGENCIES. ONLINE IT GOES ON FOR
SOMETHING LIKE 24 SCREENS. WE HAVE MANY, MANY ACCREDITED AGENCIES
IN NEW YORK STATE. THE ONES WHO ARE NOT ACCREDITED, WE'RE HOPING
THAT THIS BILL WILL PROVIDE THEM WITH A LITTLE BIT OF ENCOURAGEMENT TO
SEEK ACCREDITATION.
MR. GOODELL: DO YOU HAVE ANY IDEA OF WHETHER
THE ACCREDITED AGENCIES TEND TO BE THE LARGER POLICE AGENCIES AS
OPPOSED TO SMALLER AGENCIES?
MS. WOERNER: I WOULD ANSWER THE QUESTION
SLIGHTLY DIFFERENTLY INSOFAR AS I THINK THE ONES THAT ARE UNACCREDITED
TEND TO BE SMALLER THAN THE ONES -- BUT THAT'S -- THERE IS A MIX. THERE
ARE BOTH LARGE AND SMALL AGENCIES WHICH ARE ACCREDITED.
MR. GOODELL: ARE ANY OF THESE GRANT FUNDS
INTENDED TO ASSIST AGENCIES TO BECOME ACCREDITED?
MS. WOERNER: THERE ARE NO GRANT PROGRAMS
59
NYS ASSEMBLY MAY 16, 2022
AVAILABLE THROUGH DCJS THAT ASSIST IN SEEKING ACCREDITATION.
MR. GOODELL: THANK YOU VERY MUCH. I
APPRECIATE YOUR INSIGHTS.
MS. WOERNER: BUT MAYBE THERE SHOULD BE GRANT
PROGRAMS TO --
MR. GOODELL: YES. THANK YOU. THANK YOU.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
GOODELL.
MR. GOODELL: I -- I VERY MUCH APPRECIATE THE
SPONSOR'S DESIRE TO ENCOURAGE POLICE AGENCIES TO BECOME ACCREDITED. I
THINK THAT'S A WORTHWHILE GOAL. AND WHAT THOSE AGENCIES THAT HAVE
GONE THROUGH THAT PROCESS HAVE FOUND IS THAT IT REQUIRED THEM TO REVIEW
ALL THEIR TRAINING, THEIR POLICY MANUALS, THEIR APPROACHES, ALL OF WHICH
LEADS TO OVERALL BETTER POLICING. SO I FULLY SUPPORT THE SPONSOR'S DESIRE
TO INCREASE THE NUMBER OF POLICE AGENCIES THAT GO THROUGH THAT PROCESS.
MY CONCERN IS THAT THOSE AGENCIES THAT HAVE GONE THROUGH THE PROCESS
OF BECOMING ACCREDITED GENERALLY ARE THE LARGER, BETTER-FUNDED
AGENCIES. AND THOSE WHO HAVE NOT GONE THROUGH THE PROCESS OF
BECOMING ACCREDITED TEND TO BE THE SMALLER AGENCIES WITH LESS FUNDING.
AND SO IN AN EFFORT TO ENCOURAGE MORE AGENCIES TO BECOME ACCREDITED,
THIS BILL EXCLUDES THE ABILITY FOR THE SMALLER, LESS-FUNDED AGENCIES TO
GET COMPETITIVE GRANTS. OR -- OR MORE ACCURATELY, GIVES THOSE WHO ARE
ACCREDITED A PREFERENCE. AND SO I REALLY WISH THAT WE WEREN'T HOLDING
BACK FUNDING OR PUTTING SMALLER POLICE AGENCIES WHO MIGHT NEED THE
60
NYS ASSEMBLY MAY 16, 2022
FUNDING THE MOST AT A DISADVANTAGE OVER THOSE THAT ARE LIKELY TO BE
LARGER AND BETTER FUNDED.
SO WHILE I -- I CERTAINLY SUPPORT THE OBJECTIVE OF
ENCOURAGING ACCREDITATION, I WOULD PREFER THAT THE METHOD BE FOR US IN
THE STATE TO PROVIDE FUNDING TO HELP THOSE SMALLER, LESS-FUNDED
AGENCIES TO BECOME ACCREDITED RATHER THAN GIVE THEM A DISADVANTAGE, IF
YOU WILL, FOR ANY FUNDING THAT'S OTHERWISE AVAILABLE.
THANK YOU, SIR, AND AGAIN, THANK YOU TO MY SPONSOR --
THE SPONSOR FOR ANSWERING THESE QUESTIONS.
ACTING SPEAKER AUBRY: THANK YOU.
MR. ANGELINO.
MR. ANGELINO: THANK YOU, MR. SPEAKER.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. ANGELINO: ECHOING MY COLLEAGUE'S
STATEMENTS, THIS -- THIS BILL SHOULD ACTUALLY BE JUST THE OPPOSITE.
SPEAKING AS SOMEBODY WHO'S BEEN THERE, DONE THAT, IT TAKES A LOT OF
WORK AND EFFORT, AND I HAD A DEDICATE ONE POLICE SERGEANT TO THE
ACCREDITATION PROCESS WHO LITERALLY HAD TO COME OUT OF THE DUTY
SCHEDULE. AND WE WERE ABLE TO MANAGE HIS ABSENCE, BUT THE EFFORT THAT
GOES INTO THE ACCREDITATION PROCESS, THEY SHOULD BE ENCOURAGING THESE
SMALL AGENCIES BY AWARDING THEM GRANTS TO EVEN JUST COVER THE
OVERTIME FOR THE AMOUNT OF TIME-OFF PATROL THAT THE -- AN OFFICER IS
GOING TO TAKE ON THIS. I ENCOURAGE EVERY LAW ENFORCEMENT AGENCY TO
BECOME ACCREDITED. IT DEFINITELY HELPS AND IT HELPS WITH THE INSURANCE
61
NYS ASSEMBLY MAY 16, 2022
FOR THE AGENCY, THE LIABILITY INSURANCE. BUT THIS -- THIS IS ACTUALLY JUST
THE OPPOSITE OF WHAT I WOULD HAVE NEEDED WHEN I WENT THROUGH THE
PROCESS.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
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 4649. THIS IS A PARTY VOTE. ANY MEMBER
WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION
IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS
PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE IS GENERALLY OPPOSED TO THIS FOR THE REASONS MENTIONED BY
MY REPUBLICAN COLLEAGUE. BUT THOSE WHO SUPPORT THIS BILL ARE
CERTAINLY ENCOURAGED TO VOTE YES ON THE FLOOR OR CONTACT THE MINORITY
LEADER'S OFFICE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MS. SOLAGES.
MS. SOLAGES: I WOULD LIKE TO REMIND MY
COLLEAGUES THAT THIS IS A PARTY VOTE. MAJORITY MEMBERS WILL BE
RECORDED IN THE AFFIRMATIVE. IF THERE ARE ANY EXCEPTIONS I ASK MEMBERS
62
NYS ASSEMBLY MAY 16, 2022
TO CONTACT THE MAJORITY LEADER'S OFFICE WITH THE NUMBER PREVIOUSLY
PROVIDED AND I'LL ANNOUNCE THEIR NAME. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU, MA'AM.
(THE CLERK RECORDED THE VOTE.)
MS. WOERNER TO EXPLAIN HER VOTE.
MS. WOERNER: THANK YOU, MR. SPEAKER. I WOULD
LIKE TO THANK THE SPEAKER FOR BRINGING -- FOR ALLOWING ME TO BRING THIS
BILL FORWARD. BUT I WOULD ALSO LIKE TO THANK THE SHERIFF OF WASHINGTON
COUNTY WHO IS AN ACTIVE MEMBER OF THE ACCREDITATION TEAM THAT WORKS
WITH THE AGENCIES FOR BRINGING FORWARD THIS IDEA OF CREATING AN
INCENTIVE FOR AGENCIES TO SEEK ACCREDITATION. THE LAW ENFORCEMENT
AGENCIES THAT WORK AS PART OF THE ACCREDITATION COUNCIL, THEY KNOW
HOW CHALLENGING IT IS TO -- TO REACH THE ACCREDITATION LEVELS AND TO --
AND TO BECOME REACCREDITED EVERY FIVE YEARS. IT IS CLEARLY A
COMMITMENT. LET'S BE CLEAR. THERE ARE NO GRANT PROGRAMS, AND
PERHAPS THERE SHOULD BE IN THE STATE, TO ASSIST IN THE -- IN THE EFFORTS.
BUT THIS BILL JUST PROVIDES A MECHANISM FOR ENCOURAGING -- RATHER THAN
MANDATING, BUT ENCOURAGING -- AGENCIES TO TAKE THE STEP OF SEEKING
ACCREDITATION.
SO WITH THAT, MR. SPEAKER, I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. WOERNER IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
63
NYS ASSEMBLY MAY 16, 2022
PAGE 35, RULES REPORT [SIC] NO. 558, THE CLERK WILL
READ.
THE CLERK: ASSEMBLY NO. A09121, CALENDAR NO.
558, CUSICK, SIMON, WALLACE. AN ACT TO AMEND THE SOCIAL SERVICES
LAW, IN RELATION TO ESTABLISHING AN EMERGENCY HEATING ENERGY
ASSISTANCE PROGRAM BENEFIT.
ACTING SPEAKER AUBRY: MR. CUSICK, AN
EXPLANATION HAS BEEN REQUESTED, SIR.
MR. CUSICK: YES, MR. SPEAKER. THIS BILL WOULD
REQUIRE THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE TO ESTABLISH
A STATEWIDE PROGRAM TO PROVIDE EMERGENCY HOME ENERGY ASSISTANCE
PROGRAM BENEFITS TO ELIGIBLE HOUSEHOLDS WHEN SUCH HOUSEHOLDS ARE
THREATENED WITH SHUTOFF OR AN ENERGY EMERGENCY DUE TO NONPAYMENT.
THE MAIN DIFFERENCE BETWEEN THIS BILL AND THE CURRENT PROGRAM THAT IS
IN PLACE IS THAT THE PROGRAM ESTABLISHES WITHIN REGULATION -- THE
PROGRAM THAT IS ESTABLISHED IN REGULATIONS CURRENTLY, THE --- IT IS -- IS IT
ALLOWS AN INDIVIDUAL TO BE ELIGIBLE FOR EMERGENCY HEAP PRIOR TO
HAVING THEIR SHUTOFF. SO THIS BILL WOULD ALLOW SOMEONE TO BE ELIGIBLE
PRIOR TO SHUTOFF, THE CURRENT REGULATIONS, THE POWER WOULD BE SHUT OFF TO
BE ELIGIBLE.
ACTING SPEAKER AUBRY: MR. SIMPSON.
MR. SIMPSON: THANK YOU, MR. SPEAKER. WOULD
THE SPONSOR YIELD?
ACTING SPEAKER AUBRY: MR. CUSICK, WILL YOU
YIELD, SIR?
64
NYS ASSEMBLY MAY 16, 2022
MR. CUSICK: ABSOLUTELY.
ACTING SPEAKER AUBRY: MR. CUSICK YIELDS TO
YOU, SIR.
MR. SIMPSON: THANK YOU, MR. CUSICK. SO, UNDER
THE -- I HEARD YOU SAY UNDER THE -- THE HEAP -- REGULAR HEAP PROGRAM
--
ACTING SPEAKER AUBRY: MR. SIMPSON, PULL
THAT MIC UP FOR US. YEAH, THERE WE GO.
MR. SIMPSON: UNDER THE CURRENT HEAP PROGRAM
SOMEBODY IS NOT -- ELIGIBILITY IS AT THE TIME OF SHUT OFF RATHER THAN
SEVEN DAYS PRIOR?
MR. CUSICK: THE CURRENT EMERGENCY HEAP
PROGRAM, THAT'S WHAT THE RULE IS. NOT -- NOT REGULAR HEAP.
MR. SIMPSON: OKAY. THE EMERGENCY HEAP
PROGRAM IS GOING TO ALLOW SOMEBODY TO GO MORE THAN 60 DAYS IN
ARREARS?
MR. CUSICK: NO. NO. THAT --
MR. SIMPSON: WELL, I MEAN IT SAYS THE LEGISLATION
INCLUDES SERVICE ARREARS MORE THAN 60 DAYS AND MONETARY THRESHOLD IN
EXCESS OF $300; AM I CORRECT?
MR. CUSICK: THE DIFFERENCE IS IS THAT THIS BILL, YOU
WOULD HAVE TO SHOW THAT YOU HAVE 60 DAYS OF ARREARS AND MORE THAN
300 -- MORE THAN 300 IN -- IN PAST BILLS, IN ARREARS.
MR. SIMPSON: SO WHY WOULD WE GO 60 DAYS? I
MEAN, WOULDN'T IT BE BETTER TO IDENTIFY SOMEBODY EVEN SOONER THAN 60
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NYS ASSEMBLY MAY 16, 2022
DAYS OR TO BE $300 IN ARREARS?
MR. CUSICK: TO -- TO -- ARE YOU SUGGESTING
IDENTIFYING SOMEBODY THAT IS LESS THAN 60 DAYS?
MR. SIMPSON: WELL, IT SEEMS LIKE THIS BECAUSE
ANOTHER PROVISION IN THIS IS IT ALLOWS FOR MULTIPLE AWARDS OF THIS.
MR. CUSICK: I'M SORRY, I COULDN'T HEAR YOU. I DON'T
KNOW --
MR. SIMPSON: UNDER THIS NEW LEGISLATION IT ALLOWS
MULTIPLE AWARDS OF HEAP. IT COULD.
MR. CUSICK: WELL, THEY HAVE TO QUALIFY FOR HEAP
FIRST AND THEN THEY WOULD HAVE TO MEET THE REQUIREMENTS OF THE
EMERGENCY HEAP AFTER THEY'VE QUALIFIED FOR THE HEAP THRESHOLD FOR
THEIR HOUSEHOLD. SO THEN WHEN THEY REACH THAT THRESHOLD FOR THEIR
HOUSEHOLD FOR HEAP, THEN THEY WOULD QUALIFY FOR EMERGENCY HEAP
BASED ON THE -- THE QUALIFICATIONS FOR THE NEW -- THE NEW BILL.
MR. SIMPSON: AND IT'S NOT JUST ONE TIME. THEY CAN
-- THEY CAN'T RECEIVE IT FOR SUBSEQUENT MONTHS.
MR. CUSICK: TECHNICALLY, IF THERE IS FEDERAL
FUNDING AVAILABLE LEFT IN IT THEY COULD DO IT MORE THAN ONCE.
MR. SIMPSON: HOW MUCH FUNDING IS AVAILABLE?
MR. CUSICK: BUT THAT WOULD BE UP TO OTDA,
CORRECT? AND THE DISTRICT. THE DISTRICT, I'M SORRY.
MR. SIMPSON: THE AMOUNT OF MONEY THAT'S
AVAILABLE IS UP TO THE DISTRICT?
MR. CUSICK: NO, NO. THE -- THE -- IF THEY GET
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NYS ASSEMBLY MAY 16, 2022
ANOTHER REWARD -- AWARD.
MR. SIMPSON: SO HOW MUCH MONEY IS AVAILABLE
FOR THIS PROGRAM?
MR. CUSICK: FIVE HUNDRED MILLION WAS
APPROPRIATED AND THEN AN ADDITIONAL 17 MILLION. AND THAT WAS DUE TO
THE FEDERAL -- FEDERAL BLOCK GRANT.
MR. SIMPSON: SO THAT WAS AN INCREASE FROM PRIOR
YEARS?
MR. CUSICK: I -- I WOULD THINK THAT YES, IT WAS AN
INCREASE.
MR. SIMPSON: SO BY CREATING THIS PROGRAM, DO WE
HAVE AN IDEA HOW MANY PEOPLE ARE GOING TO QUALIFY FOR THIS AND HOW
FAR THAT 500 MILLION IS GOING TO GO?
MR. CUSICK: SO -- SO, THE EMERGENCY HEAP
PROGRAM ALREADY EXISTS, SO THERE IS A WAY TO FIGURE HOW MANY PEOPLE
QUALIFY FOR IT. WE'RE JUST -- WE'RE JUST CHANGING HOW THEY QUALIFY,
RIGHT? BECAUSE RIGHT NOW THEY HAVE TO QUALIFY BY HAVING THEIR POWER
SHUT OFF. WE'RE CHANGING THE -- THE WORDING WITH THE -- THEY DON'T HAVE
TO HAVE THEIR POWER SHUT OFF IN ORDER TO QUALIFY AND THEN OTDA WOULD,
BASED ON THESE -- THESE CRITERIA THAT WE HAVE IN THE BILL, THEY WOULD
FIGURE OUT WHO WOULD QUALIFY FOR THIS NEW PROGRAM.
MR. SIMPSON: BUT IT SEEMS TO, AND I'M NOT SURE IF
YOU AGREE, THAT THIS WOULD SORT OF INCENTIVIZE THAT YOU GO TWO MONTHS
OR AT LEAST BUILT UP ARREARS OF 300 -- $300.
MR. CUSICK: I THINK THAT -- I THINK THAT HAPPENS
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NYS ASSEMBLY MAY 16, 2022
WITH THE OLD WAY, AND -- AND I THINK THAT WE'RE TRYING TO STOP THAT FROM
HAPPENING. I -- I DO BELIEVE THAT THIS -- THIS BILL WILL ALLOW SENIORS ON A
FIXED INCOME OR SENIORS WHO ARE HAVING A HARD TIME TO PAY THEIR
ENERGY BILLS A -- A -- A MORE SECURE WAY OF QUALIFYING FOR THE
EMERGENCY HEAP.
MR. SIMPSON: SO, ANOTHER QUESTION WITH THIS
PROGRAM. DO WE DO ANY KIND OF EDUCATION OUTREACH TO TRY TO BRING
PEOPLE INTO, YOU KNOW, A MONTHLY BUDGET PLAN WITH THE ELECTRICAL
COMPANY?
MR. CUSICK: THAT'S NOT ADDRESSED IN THIS BILL, BUT
THAT'S CERTAINLY SOMETHING THAT THE UTILITIES AND THE -- I KNOW UTILITIES
DO THAT WITH THEIR OWN PROGRAMS AND THAT IS SOMETHING THAT COULD BE
ADDRESSED IN A -- IN A DIFFERENT BILL.
MR. SIMPSON: YEAH. I THINK IT'S IMPORTANT THAT
MAYBE WE DO THAT, INCLUDE IT WITH THIS TYPE OF BENEFIT AND TRY TO
PREVENT THESE INSTANCES WHERE PEOPLE FALL BEHIND AND ACCRUE THESE
AMOUNTS OF MONEY.
MR. CUSICK: THERE IS A SYSTEM IN PLACE NOW WHERE
YOU CAN DIAL 2-1-1 AND YOU CAN FIGURE OUT IF YOU ARE IN -- IF YOU ARE IN
TROUBLE WITH THAT.
MR. SIMPSON: OKAY. ALL RIGHT. WELL, THANK YOU,
MR. CUSICK.
MR. CUSICK: ABSOLUTELY. THANK YOU, MR.
SIMPSON.
MR. SIMPSON: THANK YOU, MR. SPEAKER.
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NYS ASSEMBLY MAY 16, 2022
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD
THE SPONSOR YIELD?
ACTING SPEAKER AUBRY: MR. CUSICK, WILL YOU
YIELD?
MR. CUSICK: YES, SIR.
MR. GOODELL: THANK YOU, MR. CUSICK. IS THERE
ANY ADDITIONAL APPROPRIATION ASSOCIATED WITH THIS BILL?
MR. CUSICK: OTHER THAN THE 500 MILLION AND THE 17
MILLION, THAT'S THE APPROPRIATION AT THIS TIME.
MR. GOODELL: NOW, THE CURRENT SYSTEM ALLOCATES
HEAP BETWEEN REGULAR HEAP THAT EVERYONE WHO MEETS CERTAIN
INCOME CRITERIA IS ELIGIBLE FOR, AND EMERGENCY HEAP, RIGHT?
MR. CUSICK: YES, SIR.
MR. GOODELL: AND THE ALLOCATION DIFFERS BY
COUNTY; IS THAT CORRECT?
MR. CUSICK: YES.
MR. GOODELL: IS THERE ANY LEFTOVER MONEY AT THE
END OF THE YEAR OR DO THEY ALLOCATE IT ALL?
MR. CUSICK: WE BELIEVE THEY ALLOCATE IT ALL.
MR. GOODELL: I SEE. AND I THINK YOU MENTIONED
TO MY COLLEAGUE THIS ELIMINATES THE REQUIREMENT THAT THERE ACTUALLY BE
A NOTICE OF TERMINATION AS LONG AS THE BILL IS MORE THAN 60 DAYS LATE OR
MORE THAN 300-AND-SOME DOLLARS?
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NYS ASSEMBLY MAY 16, 2022
MR. CUSICK: YES.
MR. GOODELL: OKAY. THANK YOU, SIR.
ON THE BILL.
MR. CUSICK: THANK YOU.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
GOODELL.
MR. GOODELL: I WANT TO -- I THINK ALL OF US SHARE
THE OBJECTIVE THAT WE WANT TO ENCOURAGE PEOPLE WHO ARE ON PUBLIC
ASSISTANCE TO MOVE OUT OF PUBLIC ASSISTANCE, TO BECOME SELF-SUFFICIENT.
TO NO LONGER LIVE IN A CONSTANT STATE OF CRISIS. WHAT'S IRONIC IS SO OFTEN
IN NEW YORK STATE WE ACTUALLY PAY PEOPLE TO DO DESTRUCTIVE THINGS.
WE ACTUALLY PAY PEOPLE EXTRA MONEY TO DESTROY THEIR CREDIT RATING.
AND HERE'S HOW IT WORKS. WE TELL THOSE WHO ARE IN PUBLIC ASSISTANCE,
IF YOU PAY YOUR BILL ON TIME, WHICH IS WHAT WE ALL THINK THEY SHOULD DO,
WHAT WE ALL TRY TO DO -- IF YOU PAY YOUR BILL ON TIME WE'LL GIVE YOU
REGULAR HEAP. BUT YOU WON'T BE ELIGIBLE FOR THAT SECOND TRANCHE, IF
YOU WILL, THAT SECOND CATEGORY OF EMERGENCY HEAP UNLESS YOU DON'T
PAY YOUR BILL ON TIME. THINK ABOUT THAT. WE'RE SAYING TO ALL OF OUR
RESIDENTS HERE, WE WILL ONLY GIVE YOU A FRACTION OF YOUR HOME ENERGY
ASSISTANCE IF YOU PAY YOUR BILL ON TIME LIKE YOU SHOULD. AND WE'LL GIVE
YOU THE REST OF THE MONEY ONLY IF YOU DON'T PAY ON TIME. SO WHAT'S THIS
BILL DO? UNDER CURRENT LAW WE ONLY PROVIDE YOU WITH ONE EMERGENCY
HEAP PAYMENT IF YOU'RE FACING A TERMINATION. THAT'S THE CURRENT LAW.
WHAT'S THIS BILL DO? THIS BILL SAYS, YOU DON'T NEED A TERMINATION
NOTICE AND WE'LL KEEP PAYING EMERGENCY HEAP AS OFTEN AS YOU WANT.
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NYS ASSEMBLY MAY 16, 2022
NOW, THERE'S A CATCH. IN ORDER TO QUALIFY FOR THE SUPPLEMENTAL
EMERGENCY HEAP YOU HAVE TO RUN UP YOUR BILL BECAUSE IF YOUR BILL IS
LESS THAN $300 YOU'RE NOT ELIGIBLE. SO HERE WE TALK DAY IN AND DAY OUT
ABOUT THE NEED FOR CONSERVATION, RIGHT? BUT WE SAY TO THE PEOPLE WHO
ARE ON WELFARE, HEY, IF YOU RUN UP YOUR BILL OVER $300, BOOM, WE'LL
GIVE YOU EMERGENCY HEAP AS OFTEN AS YOU WANT. AS OFTEN AS YOU NEED
IT. NOW, THIS COMPOUNDS THE ISSUE BY THE FACT THAT THERE'S NO ADDITIONAL
APPROPRIATION. SO THE MORE WE SPEND ON EMERGENCY HEAP FOR THOSE
WHO WE ARE PAYING NOT TO PAY THEIR BILLS ON TIME, THE LESS MONEY
THERE'S AVAILABLE FOR THOSE WHO ARE ACTING IN A RESPONSIBLE MANNER
BECAUSE THERE'S LESS MONEY FOR REGULAR HEAP. SO WHAT THIS BILL
PURPORTS TO DO IS TO ELIMINATE OVER TIME OR REDUCE OVER TIME THE REGULAR
HOME ENERGY ASSISTANCE PROGRAM FOR THOSE WHO PAY THEIR BILLS ON
TIME AND REPLACE IT WITH MORE FUNDING FOR THOSE WHO DON'T PAY THEIR
BILLS ON TIME. ISN'T THAT EXACTLY THE WRONG MESSAGE WE WANT TO
CONVEY? SO WHAT IS THE RIGHT MESSAGE? IT'S REAL SIMPLE. WHAT WE
OUGHT TO BE DOING IS SAYING, YOU GET EMERGENCY HEAP ONCE AND THEN
YOU MUST SIGN UP FOR BALANCED BILLING. WHY? BECAUSE WE KNOW IF
YOU'RE ON BALANCED BILLING YOUR UTILITY CHARGE IS THE SAME EVERY
MONTH. YOU DON'T GET HIT WITH A HUGE UTILITY BILL YOU CAN'T PAY IN THE
WINTER. WE REDUCE THE LIKELIHOOD YOU WILL BE -- BE IN ARREARS. WE HELP
YOU BUDGET AND WE HELP YOU BUILD YOUR CREDIT.
ABOUT 30 YEARS AGO MY COUNTY TRIED TO PROVIDE
BUDGET COUNSELING TO THOSE WHO WERE ON PUBLIC ASSISTANCE. AND WE
HAD THESE HIGH-QUALITY, WELL-MEANING BUDGET COUNSELORS MEETING WITH
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NYS ASSEMBLY MAY 16, 2022
OUR INDIVIDUALS ON PUBLIC ASSISTANCE AND THEY TOLD THEM, YOU SHOULD
PAY YOUR BILLS ON TIME. AND YOU KNOW WHAT THEY SAID? THEY SAID,
DOES IT SAY "STUPID" ACROSS MY FOREHEAD? BECAUSE IF I FOLLOW YOUR
BUDGET ADVICE AND I PAY MY BILL ON TIME I LOSE ALL MY EMERGENCY
HEAP. I DON'T KNOW ABOUT YOU, BUT I CAN'T AFFORD TO LOSE THAT. AND
THIS BILL MAKES IT WORSE AND FOR THAT REASON I RECOMMEND AGAINST IT.
THANK YOU, SIR.
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 9121. THIS IS A PARTY VOTE. ANY MEMBER
WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION
IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS
PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION. THOSE WHO
SUPPORT IT CAN CERTAINLY VOTE IN FAVOR HERE ON THE FLOOR OR BY CALLING THE
MINORITY LEADER'S OFFICE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MS. SOLAGES.
MS. SOLAGES: THANK YOU, MR. SPEAKER. THIS IS A
PARTY VOTE. MAJORITY MEMBERS WILL BE RECORDED IN THE AFFIRMATIVE. IF
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NYS ASSEMBLY MAY 16, 2022
THERE'S ANY EXCEPTIONS I ASK MEMBERS TO CALL THE MAJORITY LEADER'S
OFFICE AND WE WILL MAKE SURE TO NOTE THEIR NAME AND RECORD IT IN THE
NEGATIVE. AND THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 36, CALENDAR NO. 575, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A09659, CALENDAR NO.
575, FAHY, SAYEGH. AN ACT TO AMEND THE BANKING LAW, IN RELATION TO
REQUIRING A WRITTEN NOTIFICATION OF OVERDRAFT FEES CHARGED TO CERTAIN
ACCOUNT HOLDERS.
ACTING SPEAKER AUBRY: MR. LALOR.
MR. LALOR: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD FOR A COUPLE OF QUESTIONS?
ACTING SPEAKER AUBRY: MS. FAHY, WILL YOU
YIELD? MS. FAHY IS ON ZOOM.
MS. FAHY: YEAH, SORRY. HOME WITH COVID BUT
FEELING PERFECTLY FINE. THANK YOU. HAPPY TO YIELD. SORRY, HARD TO DO
THIS REMOTE.
MR. LALOR: SO, THIS BILL IS A REQUIREMENT ON STATE-
CHARTERED FINANCIAL INSTITUTIONS, BANKS AND CREDIT UNIONS, AND IT
REQUIRES THEM TO GIVE NOTIFICATION ON OVERDRAFT FEES. IS THAT A GOOD
SUMMARY OF THE BILL?
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NYS ASSEMBLY MAY 16, 2022
MS. FAHY: YES.
MR. LALOR: WOULD THIS APPLY TO FEDERALLY-
CHARTERED BANKS AND CREDIT UNIONS?
MS. FAHY: NO, BUT CERTAINLY WE WOULD HOPE THAT
THEY WOULD CONSIDER THIS.
MR. LALOR: WOULD THIS BURDEN ON STATE-CHARTERED
FINANCIAL INSTITUTIONS, DISADVANTAGE THEM AGAINST FEDERAL -- FEDERALLY-
CHARTERED BANKING INSTITUTIONS WHO DO NOT HAVE TO COMPLY WITH THIS?
MS. FAHY: THAT IS CERTAINLY NOT THE INTENT. THIS BILL
-- AS YOU KNOW, WE ARE FACING -- ACROSS THE COUNTRY WE'RE FACING OVER
12 BILLION A YEAR IN OVERDRAFT FEES WHICH AVERAGES OUT TO OVER $24 PER
TRANSACTION IN FEES. SO, GIVEN HOW OVERWHELMING A PROBLEM THIS HAS
BECOME, THIS IS A WAY TO GIVE FOLKS FURTHER NOTIFICATION, A SUMMARY.
SOMETIMES THESE ARE JOINT ACCOUNTS, AS I MYSELF HAVE WITH MY
HUSBAND, AND IT -- IT IS A WAY TO REALLY TRY TO NOTIFY, PUT THE DATES AND
THE AMOUNTS AND GIVE BETTER INFORMATION TO CUSTOMERS IN HOPES THAT
THEY WILL NEGOTIATE THOSE FEES AS WELL AS GIVE A DIRECT TELEPHONE
NUMBER AND CONTACT. SO IT IS INTENDED TO BE HELPFUL, CERTAINLY NOT TO
BIAS OR -- OR IN ANY WAY HARM THE -- THE STATE -- THE STATE-RUN BANKS.
I'M SORRY, STATE-CHARTERED BANKS. FORGIVE ME.
MR. LALOR: AND YOUR BILL REQUIRES THIS INFORMATION
TO GO OUT EVERY 180 DAYS, SO BASICALLY TWICE -- TWICE A YEAR. IS THIS
REDUNDANT GIVEN THAT MOST -- MOST BANKS SEND OUT A STATEMENT
MONTHLY? SO IS THIS 12 MONTHS PLUS AN ADDITIONAL TWO NOTIFICATIONS?
MS. FAHY: REMEMBER, THIS IS ONLY FOR THOSE WHO
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NYS ASSEMBLY MAY 16, 2022
HAVE OVERDRAFT FEES. ONLY -- AND AGAIN, WHILE WE RECOGNIZE IT'S A
SERIOUS PROBLEM, IT IS STILL JUST A PERCENTAGE OF, YOU KNOW, THE MILLIONS
OF FOLKS WHO HAVE BANK ACCOUNTS. SO IT IS -- IT IS ONLY THOSE WHO ARE
FACING OVERDRAFT FEES. AND -- AND, YES, THIS WOULD REQUIRE BUT THERE'S
NOTHING TO PRECLUDE A BANK FROM INCLUDING THIS WITH THEIR MONTHLY
STATEMENT EVERY SIX MONTHS TO ADD IN THIS ADDITIONAL PIECE. AND
CERTAINLY, I KNOW MORE AND MORE BANKS ARE DOING THINGS ELECTRONICALLY
AS WELL, SO THAT'S A -- IT'S ANOTHER WAY. AGAIN, THIS -- THIS REALLY IS IN AN
EFFORT TO TRY TO STOP THE BLEEDING, IF YOU WILL, WITH THE -- THE COST OF
OVERDRAFT FEES AND REALLY HELP EDUCATE CONSUMERS AND BRING THEM TO
THE TABLE TO ADDRESS THIS. WE WANT MORE PEOPLE BEING BANKED, NOT
MORE UNDERBANKED COMMUNITIES AND INDIVIDUALS.
MR. LALOR: AND IN NEW YORK STATE WE HAVE SOME
VERY BIG STATE-CHARTERED BRANCHES AND INSTITUTIONS AND WE HAVE SOME
MUCH SMALLER STATE-CHARTED BANKS AND CREDIT UNIONS. ARE YOU
CONCERNED THAT THE -- THE BIGGER INSTITUTIONS CAN ABSORB THIS BURDEN IN A
WAY THAT THE SMALLER BANKING INSTITUTIONS CANNOT AND, THEREFORE, THE
SMALLER BANKING INSTITUTIONS ARE PREJUDICED BY THIS?
MS. FAHY: I AM VERY SENSITIVE TO THE -- THE
SIGNIFICANT DIFFERENCE BETWEEN THOSE THAT ARE IN THE TRILLIONS AND
BILLIONS OF DOLLARS VERSUS THOSE THAT ARE THE -- THE COMMUNITY BANKS IN
MY NEIGHBORHOOD AND PROBABLY YOURS. AND SO THAT -- BUT WE THINK THAT
THIS ONE, AGAIN, AS -- AS YOU YOURSELF JUST MENTIONED, THEY ARE SENDING
OUT MONTHLY STATEMENTS AS IT IS, AND THIS IS SOMETHING THAT CAN BE
INCLUDED TWICE A YEAR TO GIVE THAT OVER -- THAT OVER -- THAT OVERVIEW OF
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NYS ASSEMBLY MAY 16, 2022
WHAT -- WHAT THEIR SIX MONTHS LOOKS LIKE. AND SOMETIMES IF -- IF THINGS
GET LOST IN THE MAIL OR LOST WITH HOWEVER MANY INDIVIDUALS MAY BE ON
THAT ACCOUNT, IT -- IT'S JUST ANOTHER CHANCE TO SAY, YOU MAY HAVE ONE
OVERDRAFT FEE OR TEN. OFTEN, AS YOU KNOW, IF YOU'RE -- IF YOU'RE -- IF
YOU'RE USING YOUR ACCOUNT A LOT YOU MAY NOT REALIZE THAT ONE HAS COME
-- ONE OVERDRAFT MAY BE COMPOUNDED WITH MULTIPLE ONES IN A VERY
SHORT PERIOD OF TIME. SO AGAIN, WE SEE THIS AS USEFUL AND NOT -- NOT AS
BURDENSOME. IT REALLY IS TO TRY TO MAKE SURE THAT SMALL BANKS IN
PARTICULAR ARE NOT CONTINUING TO SUFFER UNDER THIS MULTI-BILLION-DOLLAR
OVERDRAFT FEE COST TO AMERICANS.
MR. LALOR: IS IT MULTI-BILLION DOLLARS IN NEW YORK
STATE?
MS. FAHY: I'M SORRY?
MR. LALOR: IS IT MULTI-BILLION DOLLARS IN NEW YORK
STATE OR THAT'S NATIONAL?
MS. FAHY: NO. AS I SAID AT THE BEGINNING IT IS -- IT
IS A NATIONAL FIGURE. THE 12 BILLION IS A NATIONAL FIGURE, AS I MENTIONED
EARLIER, AND WE DON'T HAVE THE BREAKOUT ON WHAT THAT IS IN NEW YORK.
BUT AS YOU KNOW, WHEN WE HAVE THOSE TYPES OF NUMBERS AND WE ARE
CONSIDERED TO BE THE BANKING CAPITAL OF THE COUNTRY, I ASSUME WE -- OUR
GENERAL POPULATION, YOU KNOW, YOU COULD EXTRAPOLATE FROM THAT.
MR. LALOR: RIGHT. IT WOULD BE SIGNIFICANTLY LESS
BECAUSE WE'RE ONLY A PORTION OF THE COUNTRY.
MS. FAHY: OF COURSE.
MR. LALOR: AND THIS BILL WOULD ONLY AFFECT THE
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NYS ASSEMBLY MAY 16, 2022
PORTION OF THE FINANCIAL INSTITUTIONS IN THE STATE, THE STATE-CHARTERED
VERSUS THE FEDERAL-CHARTERED. BUT I APPRECIATE YOUR ANSWER TO THAT
QUESTION.
THERE IS A FEDERAL REGULATION AS PART OF THE CONSUMER
FINANCIAL PROTECTION BUREAU THAT REQUIRES NOTIFICATION OF OVERDRAFT
FEES. SO WOULDN'T THIS BE DUPLICITOUS AND REDUNDANT?
MS. FAHY: THIS IS A SUMMARY. SO YOU'RE CORRECT
THAT THERE ARE OTHER REQUIREMENTS, BUT THIS IS A SUMMARY TO PUT PEOPLE
ON NOTICE EVERY SIX MONTHS THAT, YOU KNOW, WELL, YES, YOU MAY HAVE
RECEIVED LET'S SAY FIVE OVERDRAFT NOTICES IN THE LAST SIX MONTHS. THIS
MAY GIVE YOU THE SUMMARY OF -- THAT YOU OWE, THAT YOUR ACCOUNT IS
SHORT $100-PLUS. AS -- AS I JUST MENTIONED EARLIER, THIS CAN REALLY BEGIN
TO ADD UP. THE INTENT IS THAT THERE'LL BE A PHONE NUMBER AND CONTACT
INFO. WE'RE DOING MORE AND MORE BANKING REMOTELY, SO THIS -- THIS IS
AN EFFORT TO TRY TO MAKE SURE IT IS SUMMARIZED AS WELL AS A REMINDER. I
THINK IT'S -- IT'S GOOD BUSINESS, NOT INTENDED TO BE UNFAIR. WE WOULD
HOPE THAT THE NATIONALLY-CHARTERED ONES OR FEDERALLY-CHARTERED ONES
WOULD ALSO COMPLY WITH THIS BUT AS MENTIONED EARLIER, THEY'RE NOT --
THEY'RE NOT OBLIGATED.
MR. LALOR: THANK YOU FOR THAT.
ONE FINAL QUESTION. AT -- AT WHAT POINT DOES THE
ACCOUNTHOLDER OR THE CUSTOMER HAVE A RESPONSIBILITY TO KEEP TRACK OF
HIS OR HER BANKING AND THE -- THE AMOUNT OF OVERDRAFT FEES AND THE FACT
THAT THERE ARE -- THERE IS AN OVERDRAFT? WHAT -- WHAT'S THE
RESPONSIBILITY OF THE CUSTOMER?
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NYS ASSEMBLY MAY 16, 2022
MS. FAHY: WE WOULD WANT THE CUSTOMER TO BE
ABSOLUTELY RESPONSIBLE. OTHERWISE, THEY MAY BE AT RISK OF LOSING THEIR
ACCOUNT, RIGHT? I AS THE NEW CHAIR OF THE BANKING COMMITTEE WE WANT
MORE PEOPLE BEING BANKED. WE WANT TO SERVE -- WE WANT TO EXPAND
THE USE OF OUR BANKING AND FINANCIAL INSTITUTIONS, NOT -- NOT LESS. BUT
WE ALSO NEED TO BE AS CONSUMER-FRIENDLY AS POSSIBLE AND MAKE SURE
WHEN SO MUCH JUNK MAIL COMES INTO THE -- IS OUT THERE THESE DAYS
SOMETIMES IT'S HARD TO SORT THROUGH. SO I THINK REMINDERS AND I THINK
BEING AS OPEN AND AS TRANSPARENT AS POSSIBLE ON THESE I THINK IT IS -- WE
SEE THIS AS CONSUMER-FRIENDLY TO TRY TO GET THEM INTO THE TABLE BEFORE
THEY ARE AT RISK OF HAVING THEIR ACCOUNT SHUT DOWN. BUT YES, OF COURSE
THE -- OF COURSE THE INDIVIDUAL, THE -- THE PERSON WHO HAS THE ACCOUNT IS
-- IS FULLY RESPONSIBLE.
MR. LALOR: THANK YOU.
ON THE BILL, MR. SPEAKER.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. LALOR: THIS BILL SEEMS LIKE A SOLUTION IN
SEARCH OF A PROBLEM. IT IS A BILL THAT COULD HAVE SOME UNINTENDED
CONSEQUENCES THAT MAY NOT HINDER OUR BIGGER BANKING INSTITUTIONS, BUT
THE SMALLER BANKING INSTITUTIONS, ESPECIALLY CREDIT UNIONS IN
UNDERSERVED AREAS, WHICH IS SOMETHING WE ALWAYS WANT TO ENCOURAGE,
WHO ARE NOT AS FINANCIALLY STABLE. THIS WILL REQUIRE THEM TO COMMIT
RESOURCES, BOTH HUMAN RESOURCES AND FINANCIAL RESOURCES TO THIS BILL.
AND ULTIMATELY IT -- IT IS UP TO THE ACCOUNTHOLDER TO KNOW WHEN THEY
HAVE ENOUGH MONEY IN THEIR ACCOUNT SO THEY DON'T GO INTO AN OVERDRAFT
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NYS ASSEMBLY MAY 16, 2022
STATUS. AND THEY'RE GETTING ENOUGH REMINDERS. THERE'S FEDERAL
NOTIFICATION, A MONTHLY NOTIFICATION WITH THE -- THE MONTHLY STATEMENT,
AND I DON'T THINK THIS BILL IS GOING TO DO TOO MUCH OTHER THAN
POTENTIALLY HURT SMALLER BANKING INSTITUTIONS.
FOR THOSE REASONS I ENCOURAGE MY COLLEAGUES TO VOTE
IN THE NEGATIVE. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON JANUARY 1,
2023.
ACTING SPEAKER AUBRY: THE CLERK WILL READ
THE -- THE CLERK WILL RECORD THE VOTE ON ASSEMBLY PRINT 9659. THIS IS A
PARTY VOTE. ANY MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION
TO THE CONFERENCE POSITION IS REMINDED TO CONTACT THE MAJORITY OR
MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION FOR THE REASONS
MENTIONED BY MY COLLEAGUE. THOSE WHO SUPPORT IT ARE CERTAINLY FREE
TO VOTE IN FAVOR ON THE FLOOR OR BY CONTACTING THE MINORITY LEADER'S
OFFICE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MS. SOLAGES.
MS. SOLAGES: THANK YOU. THE MAJORITY MEMBERS
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NYS ASSEMBLY MAY 16, 2022
WILL BE RECORDED IN THE AFFIRMATIVE. IF THERE ARE ANY MAJORITY MEMBERS
THAT WANT TO VOTE IN THE NEGATIVE, I ENCOURAGE THEM TO CALL THE MAJORITY
LEAD -- LEADER'S OFFICE AT THE NUMBER PREVIOUSLY PROVIDED AND I WILL
ANNOUNCE THEIR NAMES ACCORDINGLY.
ACTING SPEAKER AUBRY: THANK YOU.
(THE CLERK RECORDED THE VOTE.)
MS. FAHY TO EXPLAIN HER VOTE.
MS. FAHY: THANK YOU. THANK YOU, MR. SPEAKER. I
RISE TO EXPLAIN MY VOTE ON THIS BILL THAT I SPONSOR. THIS, AGAIN, IS
INTENDED TO BE CONSUMER-FRIENDLY AT A TIME WHEN NATIONALLY - THE BEST
NUMBERS WE HAVE ARE NATIONAL ONES - WE HAVE OVER $12 BILLION JUST IN
2020, JUST IN ONE YEAR, IN OVERDRAFT FEES THAT ARE COSTING -- COSTING THE
AVERAGE INDIVIDUAL $24 PER TRANSACTION. SO THIS IS HOLDING BACK, IN MY
VIEW, LOW-INCOME HOUSEHOLDS, FAMILIES AND WORKERS WHO MAY LIVE
PAYCHECK TO PAYCHECK. AND SINCE SO MANY INDIVIDUALS NOW ARE
BANKING REMOTELY IT'S OFTEN HARD TO KEEP TRACK OF YOUR BANKING SERVICES
AND POSSIBLY PROBLEMS IF THERE ARE OVERDRAFT FEES. I ROUTINELY CHECK
MY SPAM FOLDER AND AM OFTEN SURPRISED AT WHAT ENDS UP IN THERE. I
SHOULD ALSO NOTE THAT WHILE WE WANT THE BANKS TO SHARE THESE
SUMMARIES EVERY SIX MONTHS, A SUMMARY OF WHAT OVERDRAFT FEES AN
INDIVIDUAL MAY HAVE, WE ARE ALSO ALLOWING THEM TO DO THAT VIA E-MAIL.
BUT THE IDEA IS TO HELP EDUCATE THE CONSUMER, TO HELP BRING THEM IN AND
TO GIVE THEM THE ABILITY TO NEGOTIATE THESE FEES. SO THIS IS NOT INTENDED
TO BIAS OR HURT SMALL OR -- OR STATE OR COMMUNITY-CHARTED BANKS. THIS
REALLY IS INTENDED TO HELP CONSUMERS ADDRESS OVERDRAFT FEES THAT THEY
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NYS ASSEMBLY MAY 16, 2022
MAY HAVE AND -- AND TO -- TO BRING THEM TO THE TABLE, IF YOU WILL.
WITH THAT, MR. SPEAKER, I VOTE IN THE AFFIRMATIVE.
THANK YOU.
ACTING SPEAKER AUBRY: MS. FAHY IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 36, CALENDAR NO. 584, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A09961 CALENDAR NO.
584, ZEBROWSKI. AN ACT TO AMEND THE PUBLIC SERVICE LAW, IN RELATION
TO CLARIFYING HOW NON-BILLING INFORMATION REGARDING THE DELIVERY OF
WATER IS DISCLOSED TO RESIDENTS OF COOPERATIVES, CONDOMINIUMS OR
MULTI-FAMILY DWELLINGS.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MR. ZEBROWSKI.
MR. ZEBROWSKI: THANK YOU, MR. SPEAKER. THIS
BILL CLEANS UP A BILL THAT WAS CHAPTERED LAST YEAR BY PROVIDING MORE
EXPLICIT DIRECTION TO THE PUBLIC SERVICE COMMISSION TO CARRY OUT THE
INTENT OF THE ORIGINAL LAW. THAT LAW WAS CHAPTER 191 OF 2021.
ESSENTIALLY, MR. SPEAKER, THIS BILL SEEKS TO ALLOW SUB-METERED
CUSTOMERS OF A MASTER METER TO GET CERTAIN NON-BILLING INFORMATION.
THERE'S NOT THAT MANY OF THESE AROUND THE STATE, BUT CERTAIN
CONDOMINIUM COMPLEXES - I HAVE SOME IN MY DISTRICT, ONE IN
PARTICULAR, MOUNTAINVIEW CONDOMINIUMS, WHICH IS HUNDREDS OF UNITS -
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NYS ASSEMBLY MAY 16, 2022
THEY HAVE NO ABILITY RIGHT NOW FROM PRIVATE WATER COMPANIES TO GET
NON-BILLING INFORMATION LIKE BOIL WATER ADVISORIES AND THOSE TYPES OF
THINGS. AND THE ORIGINAL LAW OR BILL CAME TO ME FROM CONSTITUENTS THAT
WERE CONCERNED THAT THEY WEREN'T GETTING THIS INFORMATION. SO THERE
MIGHT BE A WATER MAIN BREAK, THERE MAY BE A RECOMMENDATION THAT
SOMEBODY NOT DRINK THE WATER, BOIL THE WATER. AND IN ORDER TO GET THAT
INFORMATION THEY HAD TO RELY UPON THE WATER COMPANY GIVING THE
INFORMATION TO THE MASTER METER OWNER, WHICH IN THIS CASE WAS A
CONDOMINIUM COMPLEX, A BOARD OF VOLUNTEERS, AND HOPING THAT
INFORMATION TRICKLES DOWN TO THE UNIT OWNERS. WE HAD STARTED THE
PROCESS OF REQUESTING THAT THE WATER COMPANIES JUST PROVIDE THIS
INFORMATION, SET UP A SYSTEM. MY PERSONAL WATER COMPANY REFUSED.
WE HAD ATTEMPTED TO WORK WITH THE PUBLIC SERVICE COMMISSION. SO
WE PASSED CHAPTER 191 OF 2021. UNFORTUNATELY, THE PUBLIC SERVICE
COMMISSION TOOK THE LANGUAGE OF THAT BILL AND I THINK MISCONSTRUED IT
AND HAS INTERPRETED -- INTERPRETED THAT BILL TO ALLOW WHAT THE CURRENT
PRACTICE IS, WHICH IS JUST TO ALLOW THE WATER COMPANIES TO PUT THIS
INFORMATION ON THEIR WEBSITE. NOW, TO THINK THAT A PERSON IS GOING TO
WAKE UP EVERY MORNING AND PERUSE THE WATER COMPANY WEBSITE TO SEE
IF THEY HAVE A BOIL WATER ADVISORY I THINK IS UNREALISTIC. SO WE'RE
PROPOSING THIS BILL HERE TO CLEAN UP THE LANGUAGE AND TO PROVIDE THESE
CONSTITUENTS, WHEREVER THEY MAY BE SITUATED IN NEW YORK STATE, THIS
VITAL INFORMATION.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD
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NYS ASSEMBLY MAY 16, 2022
THE SPONSOR YIELD?
MR. ZEBROWSKI: YES, MR. SPEAKER, I YIELD.
ACTING SPEAKER AUBRY: MR. ZEBROWSKI
YIELDS.
MR. GOODELL: SO, I HAVE A -- JUST A PRACTICAL
QUESTION.
MR. ZEBROWSKI: YES.
MR. GOODELL: SO, IF YOU HAVE AN APARTMENT
BUILDING, AND YOU MENTIONED ONE THAT MIGHT HAVE 100 APARTMENTS.
MR. ZEBROWSKI: YEAH.
MR. GOODELL: AND IT'S GOT A MASTER METER --
MR. ZEBROWSKI: MM-HMM.
MR. GOODELL: -- SO IT'S POSSIBLE THAT IT MIGHT NOT
EVEN BE SUB-METERED, IT MIGHT JUST SAY THE WATER IS INCLUDED IN THE RENT,
CORRECT?
MR. ZEBROWSKI: YES.
MR. GOODELL: SO, I UNDERSTAND HOW THE OWNER OF
THE BUILDING WOULD KNOW WHO ALL THE TENANTS MIGHT BE. BUT HOW
WOULD THE UTILITY COMPANY KNOW ALL 100 RESIDENTS? AND THOSE
RESIDENTS MAY CHANGE, RIGHT, FROM TIME TO TIME. I MEAN, SOME OF THEM
ARE MOVING IN, SOME ARE MOVING OUT. SO HOW DOES A UTILITY COMPANY
KNOW WHERE TO SEND THE INITIAL NOTICE?
MR. ZEBROWSKI: SO, THEY NEED TO PROVIDE AN
OPTION TO THE SUB-METERED CUSTOMERS, AND THAT OPTION WOULD BE THE
SAME OPTION THAT THEY PROVIDE THE CURRENT MASTER CUSTOMERS. SO IF THEY
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NYS ASSEMBLY MAY 16, 2022
SEND OUT NOTICES BY TEXT MESSAGE OR BY E-MAIL OR THOSE THINGS, YOU
WOULD HAVE TO PROVIDE THAT SAME OPTION. SO IF THE SUB-METERED
CUSTOMER DID NOT AVAIL THEMSELVES OF -- OF THAT OPTION, THEN THEY
WOULDN'T HAVE TO SEND OUT THE NOTICE. BUT IF THEY DID AVAIL THEMSELVES
-- SO FROM A TECHNOLOGICAL PERSPECTIVE THE WATER COMPANY WOULD HAVE
TO FIGURE OUT A WAY TO LIST THOSE CUSTOMERS UNDER THE MASTER METER. SO,
JUST LIKE A HYPOTHETICAL, IF THEY HAD METER 101 AND THAT WAS THE MASTER
METER, WELL THEY WOULD JUST HAVE -- AND THEY SEND OUT A NOTICE TO 101,
THEY WOULD JUST HAVE TO FIGURE OUT A WAY TECHNOLOGICALLY TO HAVE UNDER
101 A LIST OF PHONE NUMBERS OR A LIST OF E-MAILS SO THAT WHEN THAT
NOTICE OR ADVISORY, EMERGENCY ADVISORY GOES OUT, IT GOES TO THE E-MAIL
ON FILE FOR 1001 OR THE E-MAIL ON FILE FOR 1001, HOWEVER THEY DO IT, A,
B, C, D OR E. I THINK IN THIS DAY AND AGE THEY CAN CERTAINLY FIGURE THAT
OUT.
MR. GOODELL: MY QUESTION REALLY GOES BEFORE
THAT. I UNDERSTAND THIS BILL SAYS THAT THE UTILITY COMPANY SHALL GIVE
TENANTS THE OPTION OF HOW THEY WANT TO BE CONTACTED. I UNDERSTAND
THAT. SO MY QUESTION REALLY GOES BACK ON DAY ONE. DAY ONE THE UTILITY
COMPANY HAS A NUMBER OF APARTMENTS, YOU MENTIONED THEY COULD HAVE
100 DIFFERENT TENANTS IN THE APARTMENT. HOW DO THEY FOUND OUT HOW TO
CONTACT THE TENANTS ON DAY ONE? ON DAY ONE ALL THEY WOULD KNOW WE
GOT THIS UNIT THAT'S GOT 100 APARTMENTS IN IT. DO THEY JUST SEND OUT A
LETTER THAT SAYS, YOU KNOW, TO THE RESIDENT OF APARTMENT 1 OR RESIDENT
OF APARTMENT 2? I MEAN, THEY WOULDN'T NECESSARILY KNOW WHO'S IN ANY
OF THE APARTMENTS, RIGHT?
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NYS ASSEMBLY MAY 16, 2022
MR. ZEBROWSKI: YEAH. SO THE BILL HAS A SECOND
SECTION OF IT. IT REQUIRES THAT THEY SEND OUT A NOTICE TO ALL THE RESIDENTS
IN -- TO THE RESIDENTS -- KNOWN RESIDENTS IDENTIFIED IN THOSE
COOPERATIVES, CONDOMINIUMS OR MULTI-FAMILY DWELLINGS.
MR. GOODELL: WHO IDENTIFIES THEM?
MR. ZEBROWSKI: WELL, THESE ARE MULTI-FAMILIES,
SO --
MR. GOODELL: THEY COULD HAVE UP TO 100 PEOPLE,
RIGHT?
MR. ZEBROWSKI: YES, IT COULD.
MR. GOODELL: SO WHO IDENTIFIES THE NAME AND
ADDRESS OF THE 100? I UNDERSTAND THE ADDRESS IS PRETTY SIMPLE. IT'S --
IT'S GOING TO BE A STREET ADDRESS FOR THE -- FOR THE APARTMENT BUILDING,
BUT WHO IDENTIFIES THE NAME OF EACH TENANT IN THE 100 UNITS?
MR. ZEBROWSKI: WELL, THEY WOULDN'T HAVE THE
NAME YET, SO THEY WOULD MERELY SEND IT OUT TO THOSE UNITS. SO
DEPENDING UPON WHAT IT IS, YOU KNOW, A CONDOMINIUM MAY HAVE
CLUSTERS, A BIG APARTMENT BUILDING MAY HAVE NUMBERED, A, B, C OR D.
I THINK THE WATER COMPANIES KNOW WHAT THESE COMPLEXES ARE RIGHT
NOW, SO THEY WOULD JUST HAVE TO SEND IT OUT. IT WOULDN'T BE IDENTIFIABLE
BECAUSE THEY WOULDN'T HAVE THOSE NAMES YET. AND THEY WOULD JUST
HAVE TO GIVE THOSE ENTITIES, THOSE SUB-METERED CUSTOMERS THE OPTION.
HERE'S HOW YOU WOULD REGISTER.
MR. GOODELL: NOW, THIS BILL SAYS ON LINE 16 THAT
THEY SHOULD DO THIS PERIODICALLY. WHAT'S THAT MEAN? ARE WE TALKING
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NYS ASSEMBLY MAY 16, 2022
MONTHLY, QUARTERLY, ANNUALLY?
MR. ZEBROWSKI: YEAH, I THINK, YOU KNOW, THE
DEFINITION OF PERIODICALLY IS SOME REGULAR INTERVAL. SO THAT WOULD BE
PROBABLY SET UP BY THE PUBLIC SERVICE COMMISSION.
MR. GOODELL: SO YOU ENVISION THAT WOULD BE A
MATTER OF REGULATION?
MR. ZEBROWSKI: YEAH, I -- I THINK SO. I -- I DON'T
-- I DON'T ENVISION MONTHLY, BUT MAYBE ANNUALLY, BIANNUALLY,
SOMETHING THAT MAKES SENSE.
MR. GOODELL: OKAY. THANK YOU VERY MUCH. I
APPRECIATE YOUR COMMENTS.
MR. ZEBROWSKI: THANK YOU.
MR. GOODELL: ON THE BILL, SIR.
ACTING SPEAKER AUBRY: ON THE BILL.
MR. GOODELL: I APPRECIATE THE OBJECTIVES THAT MY
COLLEAGUE HAS IN MAKING SURE THAT NON-BILLING INFORMATION IS PROVIDED
TO ALL THE TENANTS WHERE THERE'S A MASTER METER. IT'S A GREAT OBJECTIVE.
MANY OF THE THINGS THAT WE DISCUSS IN THIS LEGISLATURE HAVE GREAT
OBJECTIVES. THE CHALLENGE IS ON THE PRACTICE, WHEN YOU GET OUT IN THE
ACTUAL FIELD. AND SO WHAT WE SAY WHEN WE PASS A LAW THAT SAYS TO THE
WATER COMPANY, YOU HAVE TO NOTIFY EVERY TENANT IN A LARGE APARTMENT
BUILDING. THERE MAY BE OVER 100 DIFFERENT TENANTS, BUT THERE'S NO WAY
FOR THE WATER COMPANY TO KNOW WHO THEY ARE. AND HOPEFULLY THOSE
100-APARTMENT BUILDING COMPLEXES HAVE SECURITY, SO IT'S NOT LIKE THE
UTILITY COMPANY CAN SEND IN A PRIVATE INVESTIGATOR OR -- OR A UTILITY STAFF
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NYS ASSEMBLY MAY 16, 2022
PERSON. SO IT'S A GREAT IDEA BUT HAS SOME REALLY SERIOUS IMPLEMENTATION
ISSUES. AND THEN THE BILL GOES ON TO SAY THAT THE NOTIFICATION SHALL BE
PERIODIC. WHAT'S THAT MEAN? MONTHLY? NOW, IF YOU HAVE AN
APARTMENT BUILDING THAT'S GOT 100 APARTMENTS, I MEAN, THERE'S GOING TO
BE PEOPLE MOVING IN AND OUT EVERY SINGLE MONTH. SO UNLESS WE EXPECT
THE UTILITY COMPANY TO SEND OUT A LETTER THAT SAYS, TO WHOM IT MAY
CONCERN, A RESIDENT SOMEWHERE IN THIS BUILDING, THERE'S 100 COPIES.
YOU KNOW, IT'S JUST NOT -- IT'S JUST -- I APPRECIATE THE CONCEPT BUT THERE'S
JUST ISSUES ON HOW THIS SHOULD BE IMPLEMENTED.
SO, A GREAT IDEA. NOT SURE HOW THE UTILITY COMPANY IS
SUPPOSED TO DO IT. I DIDN'T SEE ANY FINES ASSOCIATED WITH IT. SO FOR
THOSE OF MY COLLEAGUES THAT LIKE GREAT IDEAS AND WANT TO HAVE SOMEONE
ELSE FIGURE IT OUT, THIS IS ONE YOU SHOULD VOTE FOR. IF YOU THINK WE
SHOULD FIGURE IT OUT BEFORE WE PASS A LAW THEN THIS IS PROBABLY ONE YOU
SHOULD VOTE AGAINST.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 9961. 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.
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NYS ASSEMBLY MAY 16, 2022
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MS. SOLAGES.
MS. SOLAGES: WE WILL CONTINUE OUR WORK FOR THE
DAY WITH FOUR BILLS: RULES REPORT NO. 99 BY MR. CAHILL, RULES REPORT
NO. 107 BY MR. BRAUNSTEIN, RULES REPORT NO. 119 -- EXCUSE ME, BY
MR. BRONSON -- AND RULES REPORT NO. 119 BY MR. ABINANTI AND RULES
REPORT NO. 125 BY MR. THIELE.
ACTING SPEAKER AUBRY: PAGE 5, RULES REPORT
NO. 99, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A01208, RULES REPORT
NO. 99, CAHILL, JACOBSON, COLTON. AN ACT TO AMEND THE INSURANCE LAW,
IN RELATION TO ESTABLISHING THE OFFICE OF INSURANCE CONSUMER ADVOCATE
WITHIN THE DEPARTMENT OF FINANCIAL SERVICES AND DESCRIBING ITS POWERS
AND DUTIES.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MR. CAHILL.
MR. CAHILL: THANK YOU, MR. SPEAKER. THIS BILL
WOULD ESTABLISH THE OFFICE OF INSURANCE CONSUMER ADVOCATE WITHIN
THE DEPARTMENT OF FINANCIAL SERVICES TO REVIEW RATE APPLICATIONS,
PARTICIPATE AND REPRESENT CONSUMERS IN PUBLIC HEARINGS AND REVIEW AND
RECOMMEND LEGISLATION RELATING TO IMPROVING THE INSURANCE PROCESS FOR
CONSUMERS.
ACTING SPEAKER AUBRY: MR. BLANKENBUSH.
MR. BLANKENBUSH: MR. SPEAKER, ON THE BILL.
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NYS ASSEMBLY MAY 16, 2022
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. BLANKENBUSH: BACK IN 1986 THEN MARIO
CUOMO HAD AN ADVISORY COMMISSION THAT LOOKED AT LIABILITY INSURANCE
AND TO HAVE AN ADVISORY COMMISSION BACK THEN TO LOOK AT THE INSURANCE
INDUSTRY. IT -- IT SEEMS TO ME THAT THE SPEAKER RELIED HEAVILY ON THAT
REPORT WHEN HE WROTE THIS -- THIS BILL. THAT WAS 35 YEARS AGO. AND IT
WAS A FEW DECADES BEFORE DFS WAS EVEN CREATED. DFS THEN, WITHIN
THE DEPARTMENT OF DFS, HAS A CONSUMER PROTECTION AND FINANCIAL
ENFORCEMENT DIVISION ALREADY TODAY IN DFS. AND LET ME READ WHAT
THE TASK OF THAT DIVISION IS. I'LL READ IT. THE TASK IS PROTECTING AND
EDUCATING CONSUMERS, FIGHTING CONSUMER FRAUD, ENSURING THAT REGULATED
ENTITIES COMPLY WITH NEW YORK AND FEDERAL LAW. NOW, THAT'S WITHIN
DFS RIGHT NOW. BUT IN ADDITION TO THAT, THE NEW YORK STATE OFFICE OF
INTERNAL -- THE ATTORNEY GENERAL ALSO HAS A HEALTHCARE BUREAU. THAT
HEALTHCARE BUREAU IS ESTABLISHED TO PROTECT THE RIGHTS OF NEW YORK
HEALTHCARE CONSUMERS. TO ME, THIS IS ADDING ANOTHER LAYER OF
BUREAUCRACY WHICH IS ALREADY WITHIN THE DEPARTMENT OF FINANCIAL
SERVICES. THIS BILL I THINK IGNORES THE STATE AGENCIES, DEPARTMENTS AND
DIVISIONS THAT ARE ALREADY IN EXISTENCE THAT ARE RESPONSIBLE FOR
PROTECTING THE INTERESTS OF NEW YORK INSURANCE CONSUMERS. THIS ALSO
AGAIN ADDS ANOTHER LAYER OF -- ANOTHER LAYER OF BUREAUCRACY. I THINK
THAT BESIDES THAT, IT COULD HAVE UNINTENDED CONSEQUENCES SUCH AS
UNWANTED DELAYS AND A POSSIBILITY INCREASE COST TO THE -- THE
CONSUMERS. AGAIN, WE ARE IGNORING WHAT'S IN PLACE RIGHT NOW. WE
HAVE THIS BILL THAT WOULD DO A -- EXACTLY, IN MY OPINION, THE SAME THING
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NYS ASSEMBLY MAY 16, 2022
THAT WE HAVE ALREADY IN OUR STATE AGENCIES.
THEREFORE, I BELIEVE THAT WE SHOULD BE VOTING NO ON
THIS BILL. I WON'T SUPPORT THE BILL AND I -- I RECOMMEND THAT WE HAVE A
NO VOTE. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
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 1206 [SIC]. 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.
MS. SOLAGES. THE WOMAN -- THE LADY STOOD UP FIRST.
MS. SOLAGES: OKAY. I'D LIKE TO REMIND MY
COLLEAGUES IN THE MAJORITY THAT THIS IS A PARTY VOTE AND WE WILL BE
RECORDED IN THE AFFIRMATIVE. IF THERE ARE ANY EXCEPTIONS I ASK THE
MAJORITY MEMBERS TO CALL THE MAJORITY LEADER'S OFFICE AND WE WILL
ANNOUNCE THEIR NAME ACCORDINGLY.
ACTING SPEAKER AUBRY: THANK YOU SO MUCH.
MR. GOODELL.
MR. GOODELL: IT'S ALWAYS GREAT TO GO AFTER THE
MAJORITY LEADER, OF COURSE. THE REPUBLICAN CONFERENCE IS GENERALLY
OPPOSED TO THIS LEGISLATION FOR THE REASONS MENTIONED BY MY COLLEAGUE.
THOSE WHO WISH TO VOTE IN FAVOR CAN DO SO HERE ON THE FLOOR OR BY
90
NYS ASSEMBLY MAY 16, 2022
CONTACTING OUR LEADER.
THANK YOU, SIR.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER AUBRY: THANK YOU BOTH.
MR. CAHILL TO EXPLAIN HIS VOTE.
MR. CAHILL: THANK YOU, MR. SPEAKER, TO EXPLAIN
MY VOTE. I FULLY RESPECT THE COMMENTS OF THE RANKING MEMBER OF THE
INSURANCE COMMITTEE ABOUT THE JONES COMMISSION MEETING WHEN HE
WAS A JUNIOR IN HIGH SCHOOL TO MAKE THESE RECOMMENDATIONS. BUT I
WOULD SAY THAT THE RECOMMENDATIONS, ALTHOUGH THEY WERE CARRIED OUT
IN PART WITH A FEW BUREAUS, NEITHER ONE OF THOSE BUREAUS ARE STATUTORY.
AND NEITHER ONE OF THOSE BUREAUS HAVE THE DEPTH OR THE BREADTH THAT
THIS DIVISION WOULD HAVE. NEITHER ONE OPERATES WITH A LEGISLATIVE
MANDATE. THIS ONE DOES. YOU KNOW, CONSUMERS IN NEW YORK STATE
WHO PURCHASE INSURANCE PAY PREMIUMS, AND THOSE PREMIUMS
EVENTUALLY WIND UP PAYING FOR INSURANCE COMPANIES TO GO BEFORE THE
REGULATORS TO ACTUALLY INCREASE RATES. THIS LEVELS THE PLAYING FIELD A
LITTLE BIT. NOT COMPLETELY, BUT IT PROVIDES THE MEANS BY WHICH
SOMEONE WILL GO BEFORE THE DEPARTMENT OF FINANCIAL SERVICES WITH THE
PURPOSE OF KEEPING RATES DOWN, MAKING SURE CONSUMER INTERESTS ARE
REPRESENTED, MAKING SURE THAT COVERAGE IS AS BROAD AS POSSIBLY CAN BE
AS IS REASONABLE UNDER THE LAW. SO WHILE I RESPECT THAT IT TOOK A LITTLE
WHILE FOR THIS LEGISLATURE TO CATCH UP WITH THE JONES COMMISSION, I
THINK IT'S ABOUT TIME. AND IT'S ABOUT TIME THAT WE STAND UP FOR
CONSUMERS A LITTLE BIT MORE BEFORE EVERY STATE AGENCY.
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NYS ASSEMBLY MAY 16, 2022
AND WITH THAT, MR. SPEAKER, I WITHDRAW MY REQUEST
AND VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. CAHILL IN THE
AFFIRMATIVE.
MR. BLANKENBUSH TO EXPLAIN HIS VOTE.
MR. BLANKENBUSH: THANK YOU, MR. SPEAKER.
MAYBE WE SHOULD JUST MAKE THE AGENCIES THAT ARE -- THE CONSUMER
PROTECTION AGENCIES THAT ARE IN OUR STATE AGENCIES NOW STATUTORY
INSTEAD OF TRYING TO MAKE A NEW BUREAUCRACY. I SPENT MOST OF MY ADULT
LIFE IN THE INSURANCE INDUSTRY AND FIGHTING FOR CONSUMERS, WE -- THAT'S
WHAT OUR -- THAT'S WHAT THE AGENTS DO DAY IN AND DAY OUT. WHEN YOU
START TALKING ABOUT DIFFERENT LEVELS OF AGENCIES AND COMMISSIONS, YOU
WANT TO BE ABLE TO DIRECT IT TO THE PEOPLE AND YOU DON'T WANT TO BE
PASSED AROUND FROM ONE -- ONE DIVISION TO ANOTHER DIVISION. AND THAT'S
WHAT I'M SAYING, THE FINANCIAL SERVICES -- THE DF -- THE DIVISION OF
FINANCIAL SERVICES ALREADY HAS THIS PROTECTION IN IT. IF STATUTORY IS THE
PROBLEM, WHY DON'T WE MAKE THEM -- THAT AGENCY A STATUTORY AGENCY
RATHER THAN COMING TOGETHER AND CREATING A WHOLE NEW LINE OF
BUREAUCRACY. FOR ME, AS AN AGENT WHO REPRESENTS THE CONSUMER, IT
WOULD BE A LOT EASIER FOR ME TO KNOW WHO I'M DIRECTING MY ARGUMENTS
TO PROTECT MY CLIENTS WHICH ARE THE CONSUMERS OF -- OF INSURANCE. SO
THIS JUST MAKES IT A LITTLE BIT MORE HARDER TO FIGURE OUT WHICH WAY YOU
WOULD GO WHEN YOU'RE FIGHTING FOR THE CONSUMER. LET'S KEEP IT AS EASY
AS POSSIBLE AND LET'S HAVE ONE AGENCY THAT'S, YOU KNOW, LIABLE TO DO
THIS. AND WE ALREADY HAVE IT AND THAT'S WHY I'M VOTING NO.
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NYS ASSEMBLY MAY 16, 2022
THANK YOU.
ACTING SPEAKER AUBRY: MR. BLANKENBUSH IN
THE NEGATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 5, RULES REPORT NO. 107, THE CLERK WILL READ.
THE CLERK: SENATE NO. S00774-B, RULES REPORT
NO. 107, SENATOR HOYLMAN (A02632-A, BRONSON, O'DONNELL,
SEAWRIGHT, OTIS). AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO
REQUIRING THE COLLECTION OF CERTAIN DEMOGRAPHIC INFORMATION BY CERTAIN
STATE AGENCIES, BOARDS AND COMMISSIONS.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MR. BRONSON.
MR. BRONSON: YES, MR. SPEAKER. THIS BILL WOULD
REQUIRE EVERY STATE AGENCY, BOARD OR COMMISSION THAT CURRENTLY
COLLECTS DEMOGRAPHIC DATA TO IN ADDITION NOW COLLECT DATA REGARDING
SEXUAL ORIENTATION, GENDER IDENTITY OR GENDER EXPRESSION.
ACTING SPEAKER AUBRY: MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD FOR A FEW QUESTIONS?
ACTING SPEAKER AUBRY: MR. BRONSON, WILL
YOU YIELD?
MR. BRONSON: YES, I WILL, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. BRONSON YIELDS.
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NYS ASSEMBLY MAY 16, 2022
MS. WALSH: THANK YOU VERY MUCH. SO, JUST A FEW
QUESTIONS. UNDER OUR CURRENT LAW THERE'S A REQUIREMENT THAT DATA IS
COLLECTED FOR ANCESTRY AND ETHNIC ORIGIN; IS THAT CORRECT?
MR. BRONSON: UNDER THIS SECTION OF LAW, YES.
MS. WALSH: PARDON ME?
MR. BRONSON: UNDER THIS SECTION OF LAW, THAT IS
CORRECT.
MS. WALSH: OKAY, GREAT. SO, WHAT THIS BILL DOES,
THEN, IS IT ADDS A NEW CATEGORY FOR GATHERING DATA FOR SEXUAL ORIENTATION
AND GENDER IDENTITY OR EXPRESSION; IS THAT CORRECT?
MR. BRONSON: THAT'S CORRECT.
MS. WALSH: NOW, AS YOU BREAK THAT DOWN FURTHER
TO LIKE -- TO TAKE A LOOK AT WHAT THOSE CATEGORIES WOULD BE, AM I CORRECT
THAT THAT WOULD BE LGBTQQI? IS -- IS THAT THE -- THE CATEGORIES THAT
WOULD BE USED?
MR. BRONSON: YES.
MS. WALSH: OKAY. NOW, WHY -- WHY IS IT
NECESSARY TO COLLECT THAT KIND OF INFORMATION? WHAT'S THE REASON FOR
IT?
MR. BRONSON: FOR THE SAME REASON THAT WE
COLLECT OTHER DEMOGRAPHIC INFORMATION. IT WILL HELP US UNDERSTAND
WHO'S BEING SERVED BY THE PROGRAMS AND THE SERVICES THAT THE STATE
CURRENTLY PROVIDES. IT WILL SHOW US WHETHER THERE WAS A NEED TO
INCREASE THE LEVEL OF THOSE PROGRAMS OR THOSE SERVICES, AND IT WILL
ALLOW MY COMMUNITY, THE LGBTQ COMMUNITY, TO BE VISIBLE IN THE
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NYS ASSEMBLY MAY 16, 2022
EYES OF THE STATE WHEN WE'RE MAKING DECISIONS REGARDING POLICY AS
WELL AS FUNDING.
MS. WALSH: VERY GOOD. AND I WOULD JUST LOVE IT IF
MY COLLEAGUES MIGHT JUST HYPE IT DOWN A LITTLE BIT HERE SO I CAN ACTUALLY
HEAR MR. BRONSON. THANK YOU VERY MUCH. APPRECIATE IT.
ACTING SPEAKER CUSICK: WE ASK THAT PEOPLE
QUIET DOWN. TAKE YOUR SEATS.
MS. WALSH: THANK YOU, MR. SPEAKER. MR.
BRONSON, WOULD THE COLLECTION OF THIS DATA BE JUST PROSPECTIVE FROM
PASSAGE OF THIS LEGISLATION OR WOULD THERE WILL BE ANY REQUIREMENT THAT
IT WOULD BE RETROACTIVE AS TO INDIVIDUALS WHERE ETHNIC ORIGIN OR
ANCESTRAL DATA HAD ALREADY BEEN COLLECTED?
MR. BRONSON: NOTWITHSTANDING THERE ARE SOME
AGENCIES WHO ARE ALREADY COLLECTING THIS DATA, THE STATUTE, IF SIGNED INTO
LAW, WOULD ONLY REQUIRE FUTURE COLLECTION.
MS. WALSH: OKAY. NOW, HOW -- DO YOU KNOW HOW
MANY STATE AGENCIES, BOARDS AND COMMISSIONS THAT WE HAVE IN THE
STATE THAT CURRENTLY COLLECT DATA REGARDING ANCESTRY AND ETHNIC ORIGIN?
MR. BRONSON: I DO NOT.
MS. WALSH: OKAY. AFTER THIS DATA IS COLLECTED,
UNDER THIS PIECE OF LEGISLATION THE -- IT SAYS IN THE BILL THAT THE
INFORMATION AND THE DATA SHALL BE MADE AVAILABLE TO THE PUBLIC WITH THE
EXCEPTION OF ANY PERSONAL IDENTIFYING INFORMATION. WHAT WOULD --
WHAT WOULD BE -- THAT'S NOT DEFINED IN THE -- IN THE BILL. WHAT WOULD
PERSONAL IDENTIFYING INFORMATION INCLUDE?
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NYS ASSEMBLY MAY 16, 2022
MR. BRONSON: SURE. IT WOULD BE THE OTHER
INFORMATION THAT'S ON THE FORMS THAT THEY'RE BILLING OUT. SO IT WOULD BE
THEIR NAME, THERE WOULD BE MAYBE THEIR SOCIAL SECURITY NUMBER, IT
COULD BE THEIR DATE OF BIRTH, IT COULD BE THEIR ADDRESS. THIS IS ABOUT
COUNTING THE NUMBERS, IT'S NOT ABOUT GETTING PERSONAL INFORMATION.
MS. WALSH: OKAY, SO JUST -- BUT AS YOU SAID EARLIER,
PART OF THE REASON FOR COLLECTING THIS DATA AT ALL IS TO IDENTIFY -- MY
UNDERSTANDING IT WAS NOT THE SHEER NUMBERS OF INDIVIDUALS WHO WOULD
IDENTIFY AS LGBTQQI, BUT ALSO KIND OF WHERE THEY ARE, RIGHT, SO THAT
RESOURCES COULD BE DIRECTED TO THEM. SO IF SOMETHING LIKE ADDRESS IS
BLOCKED OUT AS PERSONAL IDENTIFYING INFORMATION, HOW -- HOW WOULD
THAT WORK, THEN, TO PROVIDE DATA THAT WOULD BE BENEFICIAL TO DEVELOPING
POLICY AND (INAUDIBLE) FUNDING WOULD GO?
MR. BRONSON: THERE IS A SIGNIFICANT DIFFERENCE
WITH KNOWING THAT THE GAY MAN HARRY BRONSON LIVES AT 895 MEIGS
STREET IN ROCHESTER, NEW YORK VERSUS HARRY BRONSON GOES TO A STATE
AGENCY IN MONROE COUNTY OR IN THE CITY OF ROCHESTER AND IS COUNTED
FROM THAT GEOGRAPHICAL AREA. SO THAT -- I THINK THAT'S THE SIGNIFICANCE
AND THE DIFFERENCE.
MS. WALSH: OKAY, THAT'S -- THAT'S HELPFUL. NOW,
WOULD -- WHAT WOULD HAPPEN OR WHAT DOES HAPPEN IF -- WHEN THIS BILL
IS PASSED THAT AN INDIVIDUAL IS ASKED TO ANSWER THIS QUESTION, THIS NEW
QUESTION? WHAT IF THEY REFUSED TO ANSWER IT?
MR. BRONSON: JUST AS AN ALL DEMOGRAPHIC
INFORMATION THAT'S COLLECTED, IT'S ON A VOLUNTARY BASIS.
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NYS ASSEMBLY MAY 16, 2022
MS. WALSH: IT IS VOL -- BECAUSE I NOTICED THAT IN
THE BILL THE WORD "VOLUNTARY" IS NOT USED, SO IT -- IT'S SILENT RIGHT NOW AS
TO THAT. BUT I'M -- I APPRECIATE YOU SAYING THAT IT WOULD BE VOLUNTARY,
THAT IT'S NOT GOING TO BE REQUIRED. IT'S NOT GOING TO HOLD UP SOMEBODY'S
MAYBE APPLICATION FOR SOMETHING THAT THEY NEED IF THEY REFUSED TO
ANSWER THAT PARTICULAR QUESTION. IT IS -- IT IS VOLUNTARY, THEN.
MR. BRONSON: IT -- IT IS VOLUNTARY, AND VOLUNTARY
IS NOT USED IN OTHER SECTIONS OF THE LAW WHEN WE'RE ASKING FOR THE
COLLECTION OF DEMOGRAPHIC INFORMATION.
MS. WALSH: OKAY. BUT WOULD YOU ACKNOWLEDGE
THAT IF A -- A LARGE NUMBER OF PEOPLE JUST REFUSED TO ANSWER THAT THAT
COULD SKEW THE DATA, THE VERY DATA THAT WE'RE ATTEMPTING TO COLLECT
HERE?
MR. BRONSON: I DON'T BELIEVE THAT IS GOING TO BE
THE CASE. WE'RE IN 2022. MANY PEOPLE IN MY COMMUNITY ARE OUT, IF
YOU WILL. MANY PEOPLE IN MY COMMUNITY AND MANY OF US WHO THROUGH
THE LAST FEW DECADES STRONGLY BELIEVE THAT STRENGTH IS IN VISIBILITY. AND
SO BEING OPEN ABOUT WHO YOU ARE IS SOMETHING THAT'S ENGRAINED IN OUR
CULTURE, NOTWITHSTANDING THE DISCRIMINATION THAT OCCURS AGAINST SO
MANY PEOPLE, ESPECIALLY OUR TRANSGENDER SIBLINGS AND NON-GENDER-
CONFORMING SIBLINGS. SO, I -- I STRONGLY BELIEVE THAT WE ARE GOING TO
GET MORE PEOPLE WHO ARE WILLING TO VOLUNTARILY GIVE THIS INFORMATION
THAN NOT.
MS. WALSH: OKAY. THANK YOU VERY MUCH FOR
ANSWERING MY QUESTIONS.
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NYS ASSEMBLY MAY 16, 2022
MR. SPEAKER, ON THE BILL.
MR. BRONSON: THANK YOU.
ACTING SPEAKER CUSICK: ON THE BILL.
MS. WALSH: SO, I APPRECIATE THE SPONSOR'S
EXPLANATION AND A LITTLE -- CREATION OF A LITTLE BIT OF LEGISLATIVE HISTORY
HERE ABOUT WHAT THIS BILL IS INTENDED TO DO AND WHY. I RESPECT VERY
MUCH THE FACT THAT WE ARE IN 2022, AND FOR -- I THINK THAT THE ISSUE OF
SELF-IDENTIFYING AS FAR AS SEXUAL ORIENTATION AND GENDER IDENTITY AND
EXPRESSION HAS COME A LONG WAY, CERTAINLY IN MY LIFETIME AND EVEN IN
THE LAST FEW YEARS, I THINK. BUT I THINK THAT THERE'S ALSO A VERY LARGE
GROUP OF PEOPLE IN OUR STATE WHO ARE -- WHO ARE VERY UNCOMFORTABLE
STILL WITH THAT -- WITH THE QUESTION, AND BEING ASKED THAT QUESTION COULD
MAKE PEOPLE -- SOME FOLKS FEEL VERY UNCOMFORTABLE. I -- FOR EXAMPLE,
THERE ARE SOME PEOPLE THAT I KNOW WHO STILL -- MOSTLY MY AUNTS -- BUT
OTHER -- OTHER FOLKS OF A CERTAIN AGE WHO STILL SPELL OUT S-E-X AND
WOULD BE VERY UNCOMFORTABLE TO EVEN BE ASKED THIS QUESTION. SO I DO
HAVE THE GREATEST RESPECT FOR INDIVIDUALS WHO ARE OUT, WHO ARE
ADVOCATES, WHO ARE PROUD AND THEY -- AND THEY WILL BE COUNTED AND I
THINK THAT THAT WILL BE GOOD INFORMATION FOR THE STATE TO HAVE. BUT I
THINK THAT THERE -- THERE IS OPPOSITION TO THIS LEGISLATION WITH THE IDEA
THAT A PERSON'S GENDER IDENTITY AND SEXUAL ORIENTATION IS REALLY NOBODY'S
BUSINESS AND THAT REALLY THE STATE HAS NO REAL RIGHT TO ASK AND THERE --
THERE'S OPPOSITION TO THIS BILL ON THAT BASIS. SOME PEOPLE DON'T WANT TO
SHARE THEIR SOCIAL SECURITY NUMBER, SOME PEOPLE DON'T WANT TO SHARE
THEIR POLITICAL AFFILIATION. YOU'RE GETTING VERY PERSONAL WHEN YOU START
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NYS ASSEMBLY MAY 16, 2022
TO ASK ABOUT AN INDIVIDUAL'S SEXUAL ORIENTATION OR GENDER IDENTITY.
SO FOR THOSE REASONS, SOME MEMBERS OF -- OF OUR
BODY MAY BE IN OPPOSITION TO THIS BILL, BUT AGAIN, I APPRECIATE THE
SPONSOR BRINGING IT FORWARD AND FOR HIS VERY CANDID ANSWERS TO MY
QUESTIONS. THANK YOU, MR. SPEAKER.
ACTING SPEAKER CUSICK: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 120TH
DAY.
ACTING SPEAKER CUSICK: THE CLERK WILL
RECORD THE VOTE ON SENATE PRINT 774-B. THIS IS A PARTY VOTE. ANY
MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE
POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE
NUMBERS PREVIOUSLY PROVIDED.
MR. GOODELL.
(PAUSE)
MR. GOODELL?
MS. SOLAGES: I WOULD LIKE TO REMIND MY
COLLEAGUES THAT THIS IS A PARTY VOTE. MAJORITY MEMBERS WILL BE
RECORDED --
ACTING SPEAKER CUSICK: MR. GOODELL, YOUR
VOICE CHANGED.
(LAUGHTER)
MS. SOLAGES: I KNOW, RIGHT? SOUNDS BETTER.
MR. GOODELL: DON'T -- DON'T LET IT FOOL YOU, SHE
WAS GOING TO ANNOUNCE THAT THE REPUBLICAN CONFERENCE IS GENERALLY
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NYS ASSEMBLY MAY 16, 2022
OPPOSED TO THIS LEGISLATION. I SUSPECT MAYBE THE DEMOCRATIC
CONFERENCE MIGHT SUPPORT IT. BUT IF YOU'RE A REPUBLICAN WE'RE
GENERALLY VOTING NO BUT YOU CAN CERTAINLY VOTE YES BY DOING SO HERE ON
THE FLOOR OF THE ASSEMBLY OR CONTACTING THE MINORITY LEADER.
THANK YOU, SIR.
ACTING SPEAKER CUSICK: MS. SOLAGES.
MS. SOLAGES: WE'RE JUST SO EXCITED HERE.
(LAUGHTER)
I WOULD LIKE TO REMIND MY COLLEAGUES THAT THIS IS A
PARTY VOTE. MAJORITY MEMBERS WILL BE VOTING IN THE AFFIRMATIVE. IF
THERE ARE ANY EXCEPTIONS I INFORM MEMBERS TO CONTACT THE MAJORITY
LEADER'S OFFICE AND WE WILL ANNOUNCE YOUR NAME ACCORDINGLY.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER CUSICK: MR. BRONSON TO
EXPLAIN HIS VOTE.
MR. BRONSON: THANK YOU, MR. SPEAKER, AND TO
EXPLAIN MY VOTE. I FIND IT RATHER DISINGENUOUS FOR MY COLLEAGUES ON
THE OTHER SIDE OF THE AISLE TO SUGGEST THAT THEY WANT TO PROTECT MY
COMMUNITY BY NOT ASKING THIS QUESTION. THESE ARE PROBABLY THE SAME
PEOPLE WHO VOTED NO ON GENDA. SAME PEOPLE WHO VOTED NO ON
MARRIAGE EQUALITY. SAME PEOPLE WHO PROBABLY VOTED NO ON DIGNITY
FOR ALL STUDENTS AND THE MYRIAD OF BILLS THAT WE'VE PASSED THROUGH THIS
HOUSE WITHOUT YOUR SUPPORT THAT WOULD PROTECT THE LGBTQ
COMMUNITY. THAT BEING SAID, THIS IS A GOOD BILL TO PASS TODAY. THIS
BILL WOULD REQUIRE THE COLLECTION OF DATA THAT WOULD DETERMINE WHAT
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NYS ASSEMBLY MAY 16, 2022
PROGRAMS AND SERVICES WE OFFER HERE IN NEW YORK STATE FOR THE
LGBTQ COMMUNITY AS WELL AS THE FUNDING ASSOCIATED WITH THOSE
PROGRAMS. IF WE ARE NOT COUNTED AS A COMMUNITY WE ARE INVISIBLE. WE
MUST BE VISIBLE TO THE STATE OF NEW YORK. THE STATE OF NEW YORK
MUST SEE THE DIGNITY WITHIN EACH AND EVERY ONE OF US, MUST SEE THE
HUMANITY WITHIN EACH AND EVERY ONE OF US AND MUST SUPPORT US AS FULL
CITIZENS OF NEW YORK STATE.
I ENCOURAGE ALL OF MY COLLEAGUES ON BOTH SIDES OF THE
AISLE TO THINK ABOUT THAT AND TO VOTE IN THE AFFIRMATIVE. THANK YOU.
ACTING SPEAKER CUSICK: MR. GOODELL TO
EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, SIR. I AND CERTAINLY
MANY OF MY COLLEAGUES THINK THAT THE LAW SHOULD APPLY BLINDLY
REGARDLESS OF WHAT YOUR PERSPECTIVE IS, REGARDLESS YOUR AGE, RACE, COLOR,
RELIGION, NATIONAL ORIGIN, SEXUAL PREFERENCE. WHAT YOU DO BEHIND
CLOSED DOORS, WHAT YOU DO OUTSIDE OF YOUR CLOSED DOORS, THAT'S
IRRELEVANT TO ALMOST EVERYTHING WE DO HERE IN THE STATE WITH A FEW
EXCEPTIONS. LIKE WE GIVE SPECIAL PREFERENCE TO WOMEN AND MINORITIES
IN BUSINESS OPERATIONS AND THINGS OF THAT NATURE. BUT GENERALLY
SPEAKING, IT DOESN'T MATTER TO ME WHETHER YOU'RE STRAIGHT, GAY, LESBIAN,
TRANSGENDER, QUESTIONING, QUEER, INTERSEXUAL OR ANY OTHER OF THOSE
THINGS. IT DOESN'T MATTER. IF YOU'RE ELIGIBLE FOR THE PROGRAM, YOU'RE
ELIGIBLE FOR THE PROGRAM. AND I DON'T CARE WHAT YOUR SEXUAL
ORIENTATION IS. AND IF YOU SHARE MY VIEWS THAT EVERY PERSON IN THE
STATE OF NEW YORK OUGHT TO HAVE EQUAL TREATMENT REGARDLESS OF THEIR
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NYS ASSEMBLY MAY 16, 2022
SEXUAL VIEWS THEN WHY SHOULD WE BE PASSING BILLS REQUIRING PEOPLE TO
REPORT THEIR SEXUAL VIEW? AND BY THE WAY, YOU ONLY HAVE TO REPORT IT
ON DATA RELATED TO YOUR ANCESTRY OR NATIONAL ORIGIN. REALLY? WHAT'S
THAT HAVE TO DO WITH YOUR ANCESTRY? WHAT'S THAT HAVE TO DO WITH YOUR
NATIONAL ORIGIN? SO IF WE REALLY CLAIM TO BE COLOR BLIND, SEX BLIND AND
WE WANT JUSTICE TO BE FAIR AND EQUAL, DON'T ACCUSE ANYONE OF BEING
RACIST OR HOMOPHOBIC OR ANYTHING ELSE WHEN WE THINK THE LAW SHOULD
APPLY EQUALLY WITHOUT REGARD TO YOUR SEXUAL PREFERENCE AND THAT THERE
IS THEREFORE NO NEED TO ASK WHAT YOUR SEXUAL PREFERENCE IS ON A STATE
FORM.
THANK YOU, SIR.
ACTING SPEAKER CUSICK: ARE THERE ANY OTHER
VOTES?
MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. PLEASE
RECORD MY COLLEAGUE MR. TANNOUSIS IN THE AFFIRMATIVE.
THANK YOU.
ACTING SPEAKER CUSICK: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 6, RULES REPORT NO. 119, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A05286-A, RULES
REPORT NO. 119, ABINANTI. AN ACT MANDATING THAT THE PUBLIC SERVICE
COMMISSION EXAMINE A PROCESS FOR STREAMLINING ACTIONS RELATING TO
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IDENTIFYING AND REMOVING CERTAIN UTILITY POLES.
ACTING SPEAKER CUSICK: AN EXPLANATION HAS
BEEN REQUESTED, MR. ABINANTI.
MR. ABINANTI: GOOD EVENING, MR. SPEAKER. THIS
BILL REQUIRES THE PUBLIC SERVICE COMMISSION TO INITIATE A -- A
PROCEEDING TO EXAMINE THE PROCESS FOR IDENTIFYING AND REMOVING UTILITY
POLES THAT ARE NOW EXTRA POLES, THE OLD TELEPHONE POLES. WE HAVE A
FOREST OF TELEPHONE POLES OUT THERE. THEY LOOK LIKE BRANCHLESS TREES.
THE UTILITY COMPANIES TEND TO REPLACE THE POLE WITHOUT REPLACING THE
POLE, SO THEY PUT A NEW POLE IN, MOVE THE WIRES TO THE NEW POLE AND
THEN LEAVE THE OLD ONE STANDING THERE. DOWN THE STREET FROM MY HOUSE
THERE ARE NOW THREE TELEPHONE POLES; ONE OLD POLE HOLDING UP ANOTHER
OLD POLE AND A NEW POLE WITH THE WIRES ON IT. SO THIS BILL WOULD
REQUIRE THE PUBLIC SERVICE COMMISSION TO START THAT PROCEEDING,
CONDUCT A STUDY AND THEN COME OUT WITH A SOLUTION IN ORDER TO REQUIRE
THAT THE OWNERS OF THESE TELEPHONE POLES REMOVE THE OLD ONES THAT ARE
NO LONGER USEABLE.
ACTING SPEAKER CUSICK: MR. GOODELL.
MR. GOODELL: THANK YOU. WOULD THE SPONSOR
YIELD?
ACTING SPEAKER CUSICK: WILL THE SPONSOR
YIELD?
MR. ABINANTI: YES, MR. SPEAKER.
ACTING SPEAKER CUSICK: THE SPONSOR YIELDS.
MR. GOODELL: THANK YOU, MR. ABINANTI. OTHER
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NYS ASSEMBLY MAY 16, 2022
THAN THE FACT THAT WE HAVE AN AVERSION TO THESE POLES, IS THERE ANY
SAFETY REASON OR ANY OTHER REASON THAT THEY SHOULD BE CUT DOWN OR
REMOVED?
MR. ABINANTI: YES, SIR. MANY OF THESE POLES ARE
DANGEROUS. THEY -- THE PRESENT A -- A SAFETY HAZARD. I HAVE SEEN SOME
OF THESE OLD POLES IN THE PROCESS OF FALLING DOWN BUT BEING HELD UP BY
THE WIRES FROM THE NEW TELEPHONE POLE. AND SO SOME OF THEM ARE AS
DANGEROUS AS THE TREES THAT COME DOWN AND TAKE THE -- THE UTILITY WIRES
WITH THEM. AND THERE HAVE BEEN REPORTS -- I -- I'VE SEEN PICTURES OF
TELEPHONE POLES ON TOP OF CARS, AND THESE ARE THE OLD POLES THAT ARE NO
LONGER BEING USED.
MR. GOODELL: BUT APPARENTLY NOT -- NOT THE POLES
IN YOUR NEIGHBORHOOD BECAUSE THEY'RE STILL STANDING.
MR. ABINANTI: THERE WAS ONE AT THE END OF THE
STREET THAT TOOK A LOT OF EFFORT TO GET THE TELEPHONE COMPANY, I BELIEVE,
IN THAT CASE TO REMOVE A POLE THAT WAS HANGING PARTIALLY FROM THE NEW
POLE.
MR. GOODELL: I SEE. SO OTHER THAN THE FACT THAT
EVENTUALLY THESE NEED TO BE REMOVED BECAUSE THEY'RE OBVIOUSLY BEING
REPLACED. BUT PENDING THOSE REMOVALS, UNLESS THE POLE ITSELF IS
STRUCTURALLY UNSOUND, LIKE ROTTED THROUGH, FOR EXAMPLE OR SOMETHING
LIKE THAT. IT'S NOT A REAL ISSUE, IS IT, AS LONG AS -- IF YOU HAVE TWO POLES
INSTEAD OF ONE OTHER THAN MAYBE THE AESTHETICS?
MR. ABINANTI: NO, I HAVE SEEN A LOT OF THEM
WHERE THERE -- THE AESTHETICS IS ONE PROBLEM, BUT THERE IS A SAFETY
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HAZARD, TO BE SERIOUS ABOUT IT. WE HAVE SEEN -- I HAVE SEEN MANY
SITUATIONS PERSONALLY WHERE THE OLD POLE IS -- IS BARELY STANDING OR IS
LEANING OR IS BEING STRAPPED UP SOMEHOW BY SOME WIRES THAT THE UTILITY
COMPANY PUT AROUND IT TO KEEP IT FROM FALLING. SO INSTEAD, THEY SHOULD
BE JUST TAKING THOSE POLES DOWN. AND THIS IS -- THIS IS -- THE ORIGINAL
BILL -- AS YOU CAN SEE IT'S AN AMENDED VERSION. THE ORIGINAL BILL
REQUIRED THAT THEY TAKE THEM DOWN AND WE THOUGHT BETTER OF IT AND
DECIDED THE PUBLIC SERVICE COMMISSION CONTROLS THIS. THEY HAVE
VARIOUS PROCEEDINGS DEALING WITH VARIOUS ASPECT OF THESE POLES, BUT
NONE OF THE PROCEEDINGS THAT THEY HAVE NOW ACTUALLY WILL RESULT IN THE
REMOVAL OF ANY OF THE POLES. SO THIS IS GOING TO REQUIRE THEM TO TAKE A
LOOK AT THIS, AND WITHIN A CERTAIN PERIOD OF TIME, BY SEPTEMBER 30,
2023, THEY ARE TO COME OUT WITH REGULATIONS AND RULES TO REQUIRE THE
REMOVAL OF THOSE DANGEROUS POLES.
MR. GOODELL: I APPRECIATE THAT THE STATUTORY
LANGUAGE CALLS FOR THE PUBLIC SERVICE COMMISSION TO REVIEW IT AND
THEN, QUOTE, "ISSUE AN ORDER ADOPTING NEW OR REVISED RULES REGARDING
MATTERS EXAMINED IN THE PROCEEDING", RIGHT?
MR. ABINANTI: YES.
MR. GOODELL: SO IT IS DIRECTING THEM NOT ONLY TO
STUDY IT BUT TO ISSUE NEW OR REVISED RULES, CORRECT?
MR. ABINANTI: THIS IS -- THIS IS ORDERING THEM TO
ACT, BECAUSE THEY'VE HAD THESE -- THEY'VE HAD COMPLAINTS ABOUT THESE
POLES FOR YEARS AND THEY JUST HAVE NOT ACTED. SO WE'RE SAYING TO THEM,
DO YOUR JOB, STUDY WHAT NEEDS TO BE DONE AND THEN PUT OUT AN ORDER
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NYS ASSEMBLY MAY 16, 2022
AND GET IT DONE.
MR. GOODELL: WELL, ACTUALLY THEY HAVE ACTED ON
THIS, CORRECT? I MEAN, CASE NUMBER 21-C-0235 DEALING WITH VERIZON,
FOR EXAMPLE, SPECIFICALLY ADDRESSED THIS ISSUE, CORRECT?
MR. ABINANTI: MY UNDERSTANDING IS IT DID NOT
ISSUE A BROAD ORDER FOR ALL OF THE POLES, WITNESSED THE FACT THAT THEY'RE
ALL OVER THE PLACE STILL STANDING.
MR. GOODELL: WELL, THE ORDER THAT THE PUBLIC
SERVICE COMMISSION, THAT PROCEEDING RESULTED IN A CONSENT AGREEMENT
PURSUANT TO WHICH VERIZON, FOR EXAMPLE, AGREED TO REMOVE 64,000
POLES OVER A FIVE-YEAR PERIOD, CORRECT?
MR. ABINANTI: MY UNDERSTANDING IS THAT WAS FOR
THAT SPECIFIC CIRCUMSTANCE, AND AS YOU'RE DESCRIBING IT TO ME IT WAS
ONLY VERIZON. CON EDISON OWNED SOME OF TELEPHONE POLES. WE HAVE
OTHER -- OTHER UTILITIES THAT OWN THE POLES. SO THAT IS NOT A BROAD
STATEWIDE ORDER. IT DEALS ONLY WITH THE CIRCUMSTANCES THAT WERE
PRESENTED TO THE PUBLIC SERVICE COMMISSION AT THAT TIME.
MR. GOODELL: NOW, THE PUBLIC SERVICE
COMMISSION MOST ASSUREDLY HAS THE AUTHORITY TO INITIATE THE
PROCEEDINGS THAT IT DID FOR VERIZON, RIGHT? WE'RE NOT SAYING THAT THE
PUBLIC SERVICE COMMISSION'S CONSENT AGREEMENT WITH VERIZON WAS
UNAUTHORIZED.
MR. ABINANTI: WE'RE NOT SAYING THAT. BUT THAT'S
THE REASON WHY WE CAN -- THAT'S THE REASON WHY WE CAN ORDER THE
PUBLIC SERVICE COMMISSION TO COMMENCE THE PROCEEDING, TO STUDY AND
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NYS ASSEMBLY MAY 16, 2022
TO MOVE FORWARD. WE'RE NOT BROADENING THEIR JURISDICTION, WE'RE JUST
TRYING TO FORCE THEM TO USE IT.
MR. GOODELL: AND DO YOU HAVE ANY INDICATION
THAT THE PUBLIC SERVICE COMMISSION IS NOT LOOKING AT THIS ISSUE WITH
ANYONE ELSE? BECAUSE IT WAS MY UNDERSTANDING THAT THEY WERE ALSO
EXAMINING THE ISSUE WITH AT&T.
MR. ABINANTI: MY UNDERSTANDING IS THAT THEY'RE
LOOKING AT VARIOUS ASPECTS OF IT BUT THEY'RE NOT GOING AS FAR AND THERE'S
NO MANDATE TO THEM AT THIS POINT TO -- TO ACT.
MR. GOODELL: THEN AS YOU KNOW, WE MENTIONED
THAT CASE AND YOU ACKNOWLEDGED IT, DEALING WITH VERIZON, AND I WAS
MISTAKEN, IT WAS 64,000 POLES IN FOUR YEARS. HAVING ENTERED INTO AN
AGREEMENT WITH VERIZON AND THE PUBLIC SERVICE COMMISSION
OBVIOUSLY HAVING COME TO THE CONCLUSION ON ITS OWN THAT ITS AGREEMENT
WITH VERIZON WAS FAIR, REASONABLE AND APPROPRIATE, DOES THE PUBLIC
SERVICE COMMISSION HAVE THE AUTHORITY TO NOW REVOKE THAT AGREEMENT
OR CHANGE THAT AGREEMENT? AREN'T THEY BOUND BY THAT AGREEMENT IN NOT
ONLY AS A MATTER OF LAW BUT AS A MATTER OF EQUITY?
MR. ABINANTI: I DON'T THINK WE HAVE TO GET INTO
THE MERITS OF THAT OR WHETHER THIS LEGISLATION WOULD FORCE THEM TO
OVERRIDE THAT AGREEMENT. ALL WE'RE DOING IS ASKING THEM TO -- TO LOOK
AT THE ENTIRE SITUATION AND THEY CAN TAKE THAT INTO ACCOUNT. IF THEY
MADE A GOOD AGREEMENT THEN THEY CAN HONOR IT. IF THEY HAVEN'T, WELL
THEN IT'S GOING TO BE UP TO THEM TO FIGURE OUT HOW TO ACCOMMODATE THE
AGREEMENT THEY PREVIOUSLY MADE.
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NYS ASSEMBLY MAY 16, 2022
MR. GOODELL: AND SO IT'S YOUR VIEW THAT IT WOULD
BE WELL WITHIN THE JURISDICTION OF THE PUBLIC SERVICE COMMISSION TO
ACTUALLY HONOR THE AGREEMENT IT MADE WITH VERIZON AND OTHERS EVEN AS
PART OF ITS NEW RULEMAKING?
MR. ABINANTI: WE'RE NOT ASKING THEM TO -- TO DO
ANYTHING SPECIFIC WITH RESPECT TO THE POLES OTHER THAN TO STUDY THE
CIRCUMSTANCE AND DETERMINE HOW BEST TO REMOVE THOSE UTILITY POLES
THAT ARE NO LONGER BEING USED AND THAT FORM A SAFETY HAZARD TO THE
PUBLIC.
MR. GOODELL: THANK YOU, MR. ABINANTI. THANK
YOU, MR. SPEAKER.
ACTING SPEAKER CUSICK: MR. MONTESANO.
MR. MONTESANO: THANK YOU, MR. SPEAKER. WILL
THE SPONSOR YIELD?
ACTING SPEAKER CUSICK: WILL THE SPONSOR
YIELD?
MR. ABINANTI: YES. YES, MR. SPEAKER.
ACTING SPEAKER CUSICK: THE SPONSOR YIELDS.
MR. MONTESANO: THANK YOU. JUST A QUICK
QUESTION. THE PUBLIC SERVICE COMMISSION -- BECAUSE I KNOW OUT BY
US CABLEVISION, YOU KNOW, WAS INVOLVED WITH THE UTILITY POLES AND, YOU
KNOW, SPECTRUM. YOU KNOW, EVERYWHERE YOU GO IN THE STATE THERE'S A
DIFFERENT COMPANY. DOES THE PUBLIC SERVICE COMMISSION HAVE
JURISDICTION OVER THOSE TYPES OF COMPANIES? I KNOW THEY CONTROL
VERIZON AND THE ELECTRIC COMPANIES AND EVERYTHING, BUT DO THEY HAVE
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NYS ASSEMBLY MAY 16, 2022
JURISDICTION OVER THEM?
MR. ABINANTI: MY UNDERSTANDING IS THAT THE
PUBLIC SERVICE COMMISSION CANNOT OVERRIDE THE JURISDICTION OF THE
FEDERAL GOVERNMENT THAT CONTROLS THE COMMUNICATIONS COMPANIES. BUT
THAT'S WHY WE'RE ASKING THEM TO DO A STUDY AND TO COME BACK WITH
SOME RULES AND REGULATIONS THAT ADDRESS THE PROBLEM. IF THEY FIND THAT
THEY CANNOT ADDRESS THE POLES THAT ARE OWNED BY MOST COMPANIES, THEN
THEY'RE GOING TO HAVE TO FIND ANOTHER WAY TO DEAL WITH THOSE -- THOSE
EXTRA POLES. BUT I -- IN MY AREA THE POLES ARE OWNED BY THE UTILITY
COMPANIES THAT ARE REGULATED BY THE PUBLIC SERVICE COMMISSION.
MR. MONTESANO: RIGHT, RIGHT.
MR. ABINANTI: I HAVE NOT YET COME ACROSS ANY
THAT ARE OWNED BY THE ENTITIES THAT ARE -- THAT ARE FEDERALLY-GOVERNED.
MR. MONTESANO: ALL RIGHT. THANK YOU.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER CUSICK: ON THE BILL.
MR. MONTESANO: I JUST WANT TO THANK THE
SPONSOR FOR THIS PIECE OF LEGISLATION. BACK IN MY DISTRICT OUT IN NASSAU
COUNTY IN THE LAST SEVERAL YEARS THIS HAS BEEN AN ONGOING PROBLEM FOR
CONSTITUENTS. AND I HAVE CERTAIN SEGMENTS OF THE COMMUNITIES THAT I
HAD TO GO TO AND IDENTIFY THE POLES. SO THE UTILITY COMPANY'S POSITION
WAS, GO OUT THERE AND TAKE PICTURES FOR US BECAUSE EACH POLE HAS AN
IDENTIFYING NUMBER ON THEM, A PLATE, AND TELLS YOU WHO OWNS THEM, YOU
KNOW, WHAT THEIR NUMBERS ARE AND SO ON AND SO FORTH. AND I HAD ONE
COMMUNITY, I HAD ABOUT 160 POLES THAT WERE ANTIQUATED THAT SHOULD
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NYS ASSEMBLY MAY 16, 2022
HAVE COME DOWN WHEN THEY PUT THE NEW POLES UP. WHICH I DON'T
UNDERSTAND, WHY WOULD THEY PUT UP THE NEW ONES, YOU JUST CAN'T TAKE
DOWN THE OLD ONE. BUT THE BIG PROBLEM WAS THAT THOSE OLD POLES WERE
TREATED WITH A CHEMICAL COATING. IT WAS BLACK IN NATURE, I DON'T KNOW
THE NAME OF THE CHEMICAL AT THIS POINT. BUT IT WAS IDENTIFIED AS BEING A
CARCINOGEN. AND PEOPLE WERE VERY CONCERNED BECAUSE -- BECAUSE THIS
CHEMICAL GOT OLD ON THE POLES, IT WAS STARTING TO BLEED. IT WAS LIKE
GETTING LIQUIFIED AND DRIPPING DOWN, YOU KNOW, OVER THE REST OF THE
POLES. SO I WAS ABLE TO GET SOME SUCCESS WITH THE UTILITY COMPANY. IT
TOOK THEM ABOUT THREE, FOUR MONTHS, BUT THEY TOOK DOWN, YOU KNOW,
THE POLES THAT WERE IDENTIFIED IN THAT NATURE. AND I DON'T THINK PEOPLE
SHOULD HAVE TO GO THROUGH THAT IN THEIR COMMUNITIES, YOU KNOW,
BECAUSE IT CREATES AN EYESORE IN SOME COMMUNITIES WHEN YOU HAVE --
LIKE I LIVE ON A MAIN THOROUGHFARE, SO WE HAVE POLES EVERY COUPLE OF
FEET, YOU KNOW, THAT ARE RUNNING THROUGH. AND I WATCHED THE UTILITY
COMPANY COME AND THEY PUT UP THE NEW POLE AND THEY WIRE AND THEY
JUST LEAVE THE OLD ONE AND WALK AWAY. SO THERE'S NO REASON WHY EVEN
IF THEY CUT DOWN THREE-QUARTERS OF IT -- YOU KNOW, IT'S EASY ENOUGH WITH
THE EQUIPMENT TODAY TO PULL THOSE POLES OUT.
SO I THANK THE SPONSOR FOR DOING THIS AND HOPEFULLY
THE PSC COULD FIND TIME TO DO A LITTLE RESEARCH AND COME UP WITH A
PLAN THAT THESE UTILITY COMPANIES HAVE TO START REMOVING THIS EXCESS
EQUIPMENT THAT THEY'RE NOT USING ANYMORE. THANK YOU, MR. SPEAKER.
ACTING SPEAKER CUSICK: MR. BROWN.
MR. A. BROWN: THANK YOU, MR. SPEAKER.
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ON THE BILL.
ACTING SPEAKER CUSICK: ON THE BILL.
MR. A. BROWN: I WANT TO COMMEND THE SPONSOR
FOR PUTTING TOGETHER THIS PIECE OF LEGISLATION. THIS -- THESE POLES THAT
THEY'RE KNOWN AS DEAD WOOD IN THE INDUSTRY, AND THERE'S A GREAT DEAL OF
POLITICS INVOLVED WITH THIS. EVERY UTILITY COMPANY PASSED THE BUCK,
SAYING, I WASN'T THE LAST ONE ON THE POLE. THE LAST ONE ON THE POLE IS
RESPONSIBLE FOR REMOVING IT. AND THAT'S WHY THEY SIT FOR YEAR AFTER YEAR
AFTER YEAR. WHATEVER OVERSIGHT THAT CAN BE DONE, GREAT. IT'S A GREAT
LEGISLATIVE BILL. AS MR. MONTESANO SAID, THAT CREOSOTE THAT THEY PUT ON
THE OLD POLES ARE CARCINOGENIC AND DANGEROUS AND THEY SHOULD BE
REMOVED, AND I THANK THE SPONSOR FOR DOING THAT.
ACTING SPEAKER CUSICK: MS. GIGLIO.
MS. GIGLIO: THANK YOU, MR. SPEAKER. AND I WANT
TO THANK THE SPONSOR FOR BRINGING THIS BILL FORWARD. WE HAD ADOPTED
SIMILAR LEGISLATION WHEN I WAS ON THE TOWN BOARD LOCALLY BECAUSE THE
DOUBLE POLES, NOT ONLY ARE THEY A SAFETY HAZARD BUT THEY'RE ALSO AN
EYESORE. SO INSTEAD OF REMOVING THE BAD POLE THAT'S BROKEN IN HALF OR
LEANING OVER INTO THE STREET THEY JUST PUT A SISTER POLE NEXT TO IT, TIE
THEM TOGETHER AND YOU'D BE LOOKING AT TWO POLES. SO THIS IS GREAT
LEGISLATION THAT EVERY TOWN CAN JUMP ON TO. WE DID HAVE A LOCAL
AGREEMENT WITH OUR LOCAL CONTRACTORS WHERE THEY CAME THROUGH ONCE A
YEAR AND THEY -- YOU KNOW, THEY'D SISTER THEM UP TEMPORARILY AND THEN
THEY COME AND REPLACE THE OTHER ONE. BUT I THINK THAT WE SHOULD ALL
MOVE TOWARDS UNDERGROUND UTILITIES IN ORDER TO PREVENT TREES FROM
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NYS ASSEMBLY MAY 16, 2022
FALLING ON POWER LINES AND POWER OUTAGES, AND THE UTILITY COMPANIES
WOULD PROBABLY SAVE A LOT OF MONEY IF THEY WOULD JUST CONSIDER DOING
THAT, AND INSTEAD OF REPLACING POLES JUST START PUTTING -- PUTTING THE
WIDE LINES UNDERGROUND.
BUT I WANT TO THANK THE SPONSOR, AND THANK YOU, MR.
SPEAKER, FOR THE TIME.
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 5286-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.)
MRS. GALEF TO EXPLAIN HER VOTE.
MRS. GALEF: TO EXPLAIN MY VOTE. I'D LIKE TO
COMPLIMENT MY COLLEAGUE FOR THIS GREAT LEGISLATION. A NUMBER OF
YEARS AGO ONE OF THE ADVOCATES, OR A BUNCH OF ADVOCATES CAME TO MY
OFFICE IN OSSINING. THEY BROUGHT A BOOK AND THEY SHOWED ME ALL OF
THE CRAZY POLES ALL OVER, LIKE, NORTHERN WESTCHESTER THAT WERE LEANING
THIS WAY, TIED TOGETHER, AND ALSO THE WIRES ABOVE WITH THE HANGING
BAGS. WELL, I STARTED TO -- TO LOOK AROUND AS I DROVE. IT WAS REALLY
INTERESTING. I HADN'T REALLY THOUGHT ABOUT IT BEFORE, BUT WHEN YOU START
TO LOOK AROUND AND YOU SEE WHAT'S GOING ON IT -- IT'S REALLY AN EYESORE
BUT IT'S ALSO A SAFETY ISSUE. TODAY WE HAD -- I DON'T KNOW WHETHER THAT
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NYS ASSEMBLY MAY 16, 2022
WAS A TORNADO OUTSIDE, I -- I DON'T KNOW. IT LOOKED AWFUL. BUT WE HAVE
TORNADOES AND HURRICANES AND ALL THIS TERRIBLE WEATHER. IT DOESN'T SEEM
TO BE SUBSIDING, AND THOSE POLES CAN BE THE THING THAT HAPPENS WITH ALL
OF THIS BAD WEATHER.
SO, I CONGRATULATE MY COLLEAGUE. JOB WELL DONE.
ACTING SPEAKER AUBRY: MRS. GALEF IN THE
AFFIRMATIVE.
MS. GRIFFIN.
MS. GRIFFIN: THANK YOU, MR. SPEAKER. I JUST
WANTED TO COMMEND THE SPONSOR OF THIS BILL. AS MANY OF MY
COLLEAGUES ON LONG ISLAND HAVE MENTIONED, THESE POLES ARE AN EYESORE
IN ALMOST EVERY COMMUNITY ON THE SOUTH SHORE OF LONG ISLAND THAT I
PASS THROUGH. AND I KNOW I'VE HAD CONSTITUENTS COMPLAIN, AND ONE
REALLY EGREGIOUS SYSTEM WAS POINTED OUT BY A CONSTITUENT AND IT WAS BY
A SCHOOL AND THAT POLE FELL BUT WAS CLOSE -- AND THEN WAS CLOSE TO
FALLING AT NUMEROUS TIMES. IT WOULD BE TIED UP, THEY'D COME BACK, TIE IT
UP. IT HAD, YOU KNOW, PIECES FALLING OFF OF IT WHICH ALSO IS
CARCINOGENIC.
AND SO I COMMEND YOU, AND THE PSC SHOULD GET BUSY
AND THERE SHOULD BE NO REASON WHY THEY CAN'T STREAMLINE A PROCESS TO
GET THESE POLES REMOVED. AND NO ONE SHOULD HAVE TO JUMP THROUGH
HOOPS TO GET THESE EYESORES REMOVED AND THE DANGER THAT THEY PRESENT.
SO THANK YOU. I, OF COURSE, VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. GRIFFIN IN THE
AFFIRMATIVE.
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NYS ASSEMBLY MAY 16, 2022
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 6, RULES REPORT NO. 125, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A06428-C, RULES
REPORT NO. 125, THIELE. AN ACT TO AMEND THE PUBLIC AUTHORITIES LAW,
IN RELATION TO REQUIRING SERVICE PROVIDERS TO REIMBURSE CONSUMERS IN
THE EVENT OF A PROLONGED POWER OUTAGE.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
THIELE, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
MR. LEMONDES.
MR. LEMONDES: (INAUDIBLE)
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED.
MR. THIELE: THANK YOU, MR. SPEAKER. MEMBERS
MAY REMEMBER AUGUST OF 2020, TROPICAL STORM ISAIAS ACROSS THE
REGION, AND THERE WERE SUBSTANTIAL FAILURES IN STORM RESPONSE AND
GETTING THE LIGHTS AND GETTING THE POWER BACK ON, AND THAT AS A RESULT OF
THAT STORM AND THE FAILURE OF UTILITY COMPANIES, RESIDENTIAL CUSTOMERS
AND SMALL BUSINESSES WERE FACED WITH LOSSES BECAUSE OF FOOD,
PRESCRIPTION DRUGS, ET CETERA. IN RESPONSE TO THAT, LAST YEAR THE
LEGISLATURE PASSED CHAPTER 786 OF THE LAWS OF 2021, AND THAT CHAPTER
PROVIDED A -- A MECHANISM FOR IN -- IN THE CASE OF -- OF WIDESPREAD
PROLONGED OUTAGES LASTING MORE THAN 72 HOURS, PROVIDED FOR A STATUTORY
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NYS ASSEMBLY MAY 16, 2022
FRAMEWORK WHEREBY RESIDENTIAL CUSTOMERS AND SMALL BUSINESSES WERE
-- WERE ABLE TO BE REIMBURSED FOR -- FOR LOSS OF POWER, FOR SPOILED FOOD,
FOR SPOILED PRESCRIPTION DRUGS. THE SAME THING FOR SMALL BUSINESSES.
THERE WAS ONLY ONE SMALL ISSUE WITH REGARD TO THAT BILL WHEN IT WAS
ADOPTED BY THE -- THE LEGISLATURE AND SIGNED INTO LAW LAST YEAR, AND
THAT IS IT DIDN'T APPLY ON LONG ISLAND BECAUSE LONG ISLAND IS SERVED BY
THE LONG ISLAND POWER AUTHORITY AND THE LONG ISLAND POWER AUTHORITY
IS NOT SUBJECT TO THE JURISDICTION OF -- OF THE PSC. SO THIS BILL IS A
RELATIVELY SIMPLE BILL. IT WOULD TAKE THE LAW THAT WE PASSED LAST YEAR
WITH REGARD TO FOOD SPOILAGE AND -- AND THE LOSS -- LOSSES FROM
PRESCRIPTION DRUGS IN THE CASE OF A WIDESPREAD POWER OUTAGE, AND IT
WOULD APPLY THE SAME RULES AND SAME REGULATIONS TO LONG ISLAND AND
THE LONG ISLAND POWER AUTHORITY SO THAT REGARDLESS OF WHERE YOU LIVE
IN THE STATE OF NEW YORK THE RULES WOULD BE THE SAME.
ACTING SPEAKER AUBRY: MR. LEMONDES.
MR. LEMONDES: MR. SPEAKER, WOULD THE SPONSOR
YIELD?
ACTING SPEAKER AUBRY: WILL YOU YIELD?
MR. THIELE: YES.
ACTING SPEAKER AUBRY: MR. THIELE YIELDS.
MR. LEMONDES: THANK -- THANK YOU.
RECOGNIZING THE CIRCUMSTANCE WHICH YOU JUST OUTLINED, THE -- THE $25
PER DAY PAYMENT AFTER THE FIRST 72 HOURS, I -- I DON'T UNDERSTAND WHO
WOULD PAY FOR THAT. COULD YOU -- COULD YOU PROVIDE AN ANSWER ON WHO
WOULD BE HELD RESPONSIBLE?
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NYS ASSEMBLY MAY 16, 2022
MR. THIELE: YES, SO THE -- THE STATUTE PROVIDES AND
THIS BILL -- EXISTING STATUTE AND THE REST OF THE STATE AND THIS BILL
PROVIDES THAT THE -- THE RATEPAYERS WOULD NOT -- WOULD NOT BE HELD
RESPONSIBLE. SO THE UTILITY COMPANY WOULD HAVE TO. IN OUR CASE WE
HAVE THE SERVICE PROVIDER, THE PUBLIC -- THE PSE&G LONG ISLAND, SO
THEY WOULD HAVE TO PAY FOR THAT, NOT THE RATEPAYERS, OUT OF THEIR -- OUT
OF THE FEE THAT THEY GET FOR SERVING LONG ISLAND.
MR. LEMONDES: RIGHT, I UNDERSTAND THAT AND --
AND I READ THAT. BUT TO ME THAT MEANS THAT IT WOULD ULTIMATELY COME
BACK TO THE RATEPAYER IN SOME WAY.
MR. THIELE: WELL, I WOULD DISAGREE WITH THAT. I
MEAN, THIS IS SOMETHING -- NOT SOMETHING THAT I THINK THEY -- THEY COULD
CHARGE AGAINST THE RATEPAYER. THAT'S WHY THE -- THE LANGUAGE IN THE
STATUTE THE WAY IT IS. ON LONG ISLAND WE HAVE THE LONG ISLAND POWER
AUTHORITY. THEY CONTRACT WITH PSE&G LONG ISLAND WHO PROVIDES THE
SERVICE. THEY GET A FEE FOR THAT. IT WOULD -- IT -- THE WAY THIS IS WRITTEN
IT WOULD COME OUT OF THAT FEE JUST AS IF THEY DON'T -- IF PSE&G DOESN'T
PERFORM PURSUANT TO THE CONTRACT THERE ARE OTHER REMEDIES. SO IT COMES
OUT OF THEIR FEE, IT WOULD NOT COME OUT OF -- OUT OF THE -- THE RATE -- THE
RATEPAYERS.
MR. LEMONDES: DO YOU THINK THAT THAT PERHAPS
COULD MANIFEST ITSELF IN -- IN DEFERRED MAINTENANCE OVER TIME?
MR. THIELE: I WOULD HOPE IT WOULD BE AN INCENTIVE
FOR THEM TO HAVE TO COMPLY WITH THEIR EMERGENCY RESPONSE PLAN AND BE
READY FOR STORMS SO THAT THEY WOULD NOT BE FORCED INTO THESE SITUATIONS
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NYS ASSEMBLY MAY 16, 2022
WHERE THEY MIGHT LOSE PART OF THEIR -- THEIR -- THEIR FEE FOR SERVICE
BECAUSE THEY DIDN'T PROVIDE. AND, IN FACT, THAT -- THAT IS WHAT HAS
HAPPENED ON -- WHAT HAPPENED DURING TROPICAL STORM ISAIAS. WHAT --
WHAT -- WHAT THE RATEPAYERS HAD BARGAINED FOR THEY DIDN'T GET FROM
PSE&G. SO -- AND THAT COST PSE&G. NOT AS MUCH AS I THINK IT
SHOULD'VE COST THEM, BUT IT COST THEM. SO I THINK IT'S AN INCENTIVE
ACTUALLY FOR PSE&G LONG ISLAND TO PERFORM UNDER THE CONTRACT SO
THEY'RE NOT GOING TO BE SUBJECT TO A LOSS OF THEIR FEE.
MR. LEMONDES: I SEE THAT PERSPECTIVE, BUT I ALSO
SEE THE OTHER SIDE OF IT AS A BUSINESS OWNER OF WHERE -- HOW DO I MAKE
UP FOR THAT -- HOW DO I MAKE UP FOR THAT COST.
SWITCHING GEARS, I'D LIKE TO GO ON TO THE PROVISION OF
ITEMIZED SPOILAGE. WOULD YOU SAY THAT THAT WOULD BE DONE ON THE
HONOR SYSTEM?
MR. THIELE: WELL, THEY HAVE TO ITEMIZE -- THERE'S A
COUPLE OF DIFFERENT CATEGORIES HERE. SO IF YOU'RE TALKING ABOUT
RESIDENTIAL CUSTOMERS, THERE'S -- THERE'S TWO CATEGORIES; THE ITEMIZED,
WHICH IS A LOWER AMOUNT. IT'S THE $235. YOU WOULD HAVE TO ITEMIZE
THE AMOUNT. SO YOU WOULD HAVE TO PROVIDE DOCUMENTATION OF THAT AND
OF THE LOSS, WHEREAS FOR THE HIGHER AMOUNT YOU WOULD HAVE TO ACTUALLY
SHOW PROOF OF LOSS. SO I'M NOT SURE I WOULD SAY IT'S -- HOPEFULLY THERE'S
HONOR INVOLVED, BUT I WOULDN'T SAY THAT IT'S TOTALLY THE HONOR -- HONOR
SYSTEM IN THAT, YOU KNOW, YOU HAVE TO PROVIDE DOCUMENTATION AND
WOULD HAVE TO BE ABLE TO -- YOU KNOW, HOPEFULLY THAT DOCUMENTATION
WOULD HAVE SOME BASIS AND FACT.
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NYS ASSEMBLY MAY 16, 2022
MR. LEMONDES: I -- I THINK IN LIGHT OF AN
EMERGENCY, THOUGH, OF WHO WOULD HAVE DOCUMENTATION FOR THE
REFRIGERATOR CONTENTS. THAT -- THAT'S WHAT I'M GETTING AT. I MEAN, HOW
WOULD YOU KNOW THAT MY -- THAT MY CLAIM FOR 20 POUNDS OF WAGYU
BEEF AND 150 LOBSTER TAILS IS FRAUDULENT?
MR. THIELE: WELL, I MEAN, YOU COULD HAVE RECEIPTS
FROM THE STORE. THAT WOULD BE ONE POSSIBLE WAY OF -- OF PROOF. BUT,
YOU KNOW, THE LOWER AMOUNT IS -- IS A LOWER STANDARD, AND THAT IS YOU
HAVE TO PROVIDE DOCUMENTED ITEMIZATION AS OPPOSED TO PROOF OF LOSS.
MR. LEMONDES: UNDERSTOOD, BUT -- BUT WITH
DISAGREEMENT.
SWITCHING GEARS TO MEDICATIONS. AGAIN, MY QUESTION
IS HOW WOULD YOU -- HOW WOULD YOU EXPECT THE POWER COMPANY TO
HAVE TO PAY FOR MEDICATIONS THAT ARE CLAIMED THAT VERY MAY WELL BE
EXPIRED AT THE -- AT THE TIME OF THE STORM?
MR. THIELE: WELL, AGAIN, YOU HAVE TO -- YOU HAVE
TO SHOW -- IN THAT CASE YOU HAVE TO ACTUALLY SHOW PROOF OF LOSS.
MR. LEMONDES: AND WOULD YOU -- WOULD YOU
RECOGNIZE THE ROLE OF PERSONAL INSURANCE IN THIS?
MR. THIELE: I THINK WE DO. AND, YOU KNOW, IF YOU
LOOK FOR, PARTICULARLY FOR THE SMALL BUSINESSES I THINK THE CAP FOR THEM
IS LIKE $540. I THINK THAT CONTEMPLATES, YOU KNOW, IF YOU'RE TALKING
ABOUT A SMALL GROCERY STORE OR A RESTAURANT THAT PERHAPS THE BULK OF THAT
LOSS IS GOING TO BE COVERED BY INSURANCE. THE -- THE AMOUNT UNDER THIS
STATUTE IS 540, WHICH FOR A SMALL BUSINESS OR A RESTAURANT IS -- IS A
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NYS ASSEMBLY MAY 16, 2022
RELATIVELY SMALL AMOUNT BUT PUTS THEM IN THE SAME SITUATION AT LEAST AS
RESIDENTIAL CUSTOMERS.
MR. LEMONDES: THANK YOU VERY MUCH FOR
ANSWERING MY QUESTIONS.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. LEMONDES: THANK YOU. I -- I THINK WITH
RESPECT TO ACTS OF GOD, THEY'RE INEVITABLE. THERE ARE INSURANCE
MECHANISMS TO COVER FOR THESE -- FOR THESE EVENTUALITIES. WE ALL SHARE
IN THIS AS A SOCIETY, AND ALL OF US -- I -- I'M SURE THERE'S NOBODY IN THIS
CHAMBER THAT'S -- THAT HAS NOT LIVED THROUGH SOME OF THESE
EMERGENCIES. I HAVE PERSONALLY IN MULTIPLE STATES. THEY'RE PAINFUL,
THEY'RE COSTLY. BUT I COULD NOT IMAGINE EVER CLAIMING THE CONTENTS OF
MY REFRIGERATOR BACK TO THE POWER COMPANY. I COULD SEE IF THE POWER
COMPANY WAS TRYING TO BILL ME FOR CONSUMPTION DURING AN OUTAGE
WHEN I OBVIOUSLY COULD NOT USE WHAT I WAS QUOTE, UNQUOTE, "PAYING
FOR." I WOULD HAVE A PROBLEM WITH THAT. BUT I SEE NO OTHER WAY FOR THE
POWER COMPANY TO MAKE UP FOR THESE CLAIMS IF THIS MECHANISM IS
PROVIDED OTHER THAN RAISING RATES ON RATEPAYERS, WHICH I THINK IS
FUNDAMENTALLY WRONG AND I -- I JUST CAN'T -- I CAN'T GET PAST THAT. I THINK
THIS -- THIS -- THIS WOULD ALSO INCENTIVIZE ADDITIONAL MORAL HAZARD.
MANY PEOPLE WOULD TAKE ADVANTAGE OF THIS, THUS CAUSING OUR OVERALL
INSURANCE RATES TO GO UP AS WELL AS THE COST TO RATEPAYERS. SO YOU
WOULD GET IT ON BOTH SIDES AS A RESULT OF THIS BILL.
THEREFORE, FOR THOSE REASONS AND THE MOST IMPORTANT
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NYS ASSEMBLY MAY 16, 2022
I'LL LEAVE FOR LAST, IS IN A STATE OF EMERGENCY WHERE YOU'RE WORKING IN
CHAOS, WHICH I HAVE DONE PERSONALLY MANY TIMES, THE LAST THING YOU
WANT TO BE BURDENED WITH IS REPORTING. IN ANY STATE OF EMERGENCY
AFFECTING A COMMUNITY, AFFECTING US ALL, I -- I SURE WOULD WANT THE
POWER COMPANIES' RESOURCES TO BE GOING TOWARDS ESTABLISHMENT OF
POWER. CATCH UP ON THE REPORTS LATER, BUT GET THE POWER GOING.
FOR THOSE REASONS I -- I CAN'T SUPPORT THIS AND I -- I
THANK YOU AND THE SPONSOR FOR PUTTING IT FORWARD. THANK YOU, MR.
SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MS. GIGLIO.
MS. GIGLIO: THANK YOU, MR. SPEAKER. AND I WANT
TO THANK THE SPONSOR FOR THIS BILL BECAUSE LIVING ON LONG ISLAND WE
HAVE HAD POWER OUTAGES THAT HAVE LASTED A WEEK, TWO WEEKS. WE'VE
HAD TREES BLOCKING ROADWAYS WHERE PEOPLE COULDN'T GET TO WORK.
WE'VE HAD PEOPLE BUYING FOOD AND PUTTING IT IN A COOLER, AN ICE CHEST,
UNTIL THEY GOT POWER BACK JUST SO THEY COULD HAVE MILK FOR CEREAL. AND
I REALLY WANT TO COMMEND THE SPONSOR OF THIS BILL FOR PUTTING TOGETHER
THE LIPA COMMISSION, BECAUSE THAT IS GOING TO FIX THIS PROBLEM TO
WHERE THEY WOULD NEVER HAVE TO WORRY ABOUT REIMBURSING ANYBODY IF
THEY HAD AN EMERGENCY PLAN. AND IF THEY HAD THE WORKFORCE THAT THEY
SHOULD HAVE RATHER THAN BRINGING PEOPLE IN FROM OUT-OF-STATE TO FIX
THESE -- THESE OUTAGES THEN WE'D BE A LOT BETTER OFF FOR THAT, TOO.
SO I'M FULLY SUPPORTIVE OF THE COMMISSION, FULLY
SUPPORTIVE OF THIS BILL, AND IT'S A SMALL PRICE FOR THEM TO PAY TO GIVE A
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NYS ASSEMBLY MAY 16, 2022
CREDIT ON A UTILITY BILL FOR PEOPLE THAT ARE INCONVENIENCED FOR SO LONG
BECAUSE THEY HAVE A SHORTAGE OF WORKFORCE. THANK YOU TO THE SPONSOR,
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
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 SENATE PRINT 5237-C. THIS IS A PARTY VOTE. ANY MEMBER
WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION
IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS
PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. THE
REPUBLICAN CONFERENCE IS GENERALLY IN THE NEGATIVE. THERE CERTAINLY
WILL BE MEMBERS IN THE REPUBLICAN CONFERENCE WHO SUPPORT THIS AND
WILL BE VOTING YES ON THE FLOOR OR BY CONTACTING THE MINORITY LEADER'S
OFFICE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: YOU'RE WELCOME.
MS. SOLAGES.
MS. SOLAGES: I WOULD LIKE TO REMIND MY
COLLEAGUES THAT THIS IS A PARTY VOTE. MAJORITY MEMBERS WILL BE VOTING
IN THE AFFIRMATIVE. IF THERE ARE THOSE WHO WISH TO VOTE IN THE NEGATIVE
WE ENCOURAGE THEM TO CONTACT THE MAJORITY LEADER'S OFFICE AND WE
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NYS ASSEMBLY MAY 16, 2022
WILL ANNOUNCE THEIR NAME ACCORDINGLY.
ACTING SPEAKER AUBRY: THANK YOU.
(THE CLERK RECORDED THE VOTE.)
MS. GRIFFIN.
MS. GRIFFIN: MR. SPEAKER, I JUST WANTED TO
COMMEND THE SPONSOR. IN RECENT STORMS THERE HAS BEEN JUST SUCH A
SEVERE LACK OF EMERGENCY PREPAREDNESS BY LIPA WHICH HAS CAUSED SO
MANY PEOPLE TO BE OUT OF POWER FOR DAYS, WHICH CAUSED THEM TO HAVE
MEDICINE, FOOD, ALL KIND OF ESSENTIALS THAT THEY HAD TO THROW OUT. SO AS
FAR AS I'M CONCERNED, IF LIPA DOESN'T WANT TO HAVE TO PAY THESE COSTS
THEN LIPA SHOULD BE MORE PREPARED IN ALL EMERGENCIES TO ACT MORE
SWIFTLY.
SO I WILL BE VOTING IN THE AFFIRMATIVE AND, AGAIN, I
COMMEND THE SPONSOR. THANK YOU.
ACTING SPEAKER AUBRY: MS. GRIFFIN IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
MR. GOODELL.
MR. GOODELL: AT THE RISK OF CHANGING THE VOTES,
CAN I ADD SOME ADDITIONAL YES VOTES FOR THIS LEGISLATION?
(PAUSE)
ACTING SPEAKER AUBRY: MR. GOODELL, DO YOU
HAVE AN ADDITIONAL VOTE OR A CHANGED VOTE?
MR. GOODELL: I DO. THANK YOU, SIR.
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NYS ASSEMBLY MAY 16, 2022
ACTING SPEAKER AUBRY: PLEASE.
MR. GOODELL: PLEASE RECORD THE FOLLOWING
COLLEAGUES IN THE AFFIRMATIVE: MR. KEITH BROWN, MR. DESTEFANO, MR.
MICHAEL LAWLER, MR. JOHN MIKULIN, MR. MIKE REILLY, MR. SMITH --
DOUG SMITH -- MR. TANNOUSIS AND MR. ARI BROWN. ALSO, MR. ASHBY.
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.
MS. SOLAGES.
MS. SOLAGES: WE WILL CONTINUE OUR WORK WITH
RULES REPORT NO. 133 BY MR. MEEKS, RULES REPORT NO. 149 BY MR.
CUNNINGHAM, CALENDAR NO. 19 BY MR. GOTTFRIED, CALENDAR NO. 270 BY
MS. FERNANDEZ, CALENDAR NO. 619 BY MR. EICHENSTEIN, CALENDAR NO.
644 BY MS. PAULIN.
ACTING SPEAKER AUBRY: PAGE 7, RULES REPORT
NO. 133, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A08215, RULES REPORT
NO. 133, MEEKS. AN ACT TO REPEAL SUBDIVISION TWO OF SECTION 189 OF
THE CORRECTION LAW AND PARAGRAPH (B) OF SUBDIVISION 5 OF SECTION
60.35 OF THE PENAL LAW RELATING TO THE COLLECTION OF AN INCARCERATION
FEE.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THIS WILL BE A
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NYS ASSEMBLY MAY 16, 2022
PARTY VOTE. THE REPUBLICANS WILL GENERALLY BE OPPOSED FOR THE REASONS
THAT I'LL EXPLAIN AFTER YOU INITIATE THE ROLL.
ACTING SPEAKER AUBRY: MS. SOLAGES.
MS. SOLAGES: MAJORITY MEMBERS BE RECORDED IN
THE AFFIRMATIVE. IF YOU WISH TO VOTE AGAINST THIS BILL I ENCOURAGE YOU TO
CALL THE MAJORITY LEADER'S OFFICE AND WE WILL ANNOUNCE YOUR NAME
ACCORDINGLY.
ACTING SPEAKER AUBRY: READ THE LAST SECTION
-- THE CLERK WILL RECORD THE VOTE ON ASSEMBLY PRINT 8215. 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.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE CORRECTIONS
LAW SECTION 189 CURRENTLY ALLOWS THE STATE TO CHARGE A VERY MODEST
FEE FOR OFFSETTING THE COST OF INCARCERATING AN INDIVIDUAL IN ONE OF OUR
STATE PRISONS. THE FEE, BY THE WAY, IS ONE DOLLAR A WEEK. AND IT WAS
SET IN 1929 WHEN A DOLLAR A WEEK ACTUALLY COVERED SOME OF THE COSTS OF
INCARCERATION. SO GRANTED, THE STATE'S NOT GOING TO GO BANKRUPT BY
ELIMINATING THE ONE DOLLAR A WEEK INCARCERATION FEE. NOW I KNOW THAT
THERE HAVE BEEN A NUMBER OF PEOPLE THAT SAID, WELL, WE PAY INMATES
WHO DO WORK, WHETHER THEY'RE MAKING LICENSE PLATES OR WHATEVER, WE
PAY THEM SUCH A LOW RATE. WE OUGHT TO PAY THEM MORE. NOW TO BE
HONEST, IN MY OPINION WE ABSOLUTELY SHOULD. I THINK WE SHOULD PAY ALL
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NYS ASSEMBLY MAY 16, 2022
OF OUR INMATES WHO WORK FOR US A MINIMUM WAGE. BUT AT THE SAME
TIME I THINK WE OUGHT TO CHARGE THEM FAIR AND REASONABLE ROOM AND
BOARD. AND SO THIS MAY BE A VERY SMALL STEP, BUT SYMBOLICALLY IT'S ONE
MORE STEP BY THIS LEGISLATURE SAYING, YOU MAY HAVE A DEBT TO SOCIETY
BUT WE'RE NOT GOING TO ASK YOU TO PAY ANYTHING, ANYTHING. NOT EVEN
ONE DOLLAR A WEEK TO OFFSET YOUR COST. ONE DOLLAR A WEEK SHOULD BE
RAISED, BUT NOT ELIMINATED.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 7, RULES REPORT NO. 149, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A10001-B, RULES
REPORT NO. 149, CUNNINGHAM. AN ACT IN RELATION TO DIRECTING THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION, IN CONJUNCTION WITH THE
ENVIRONMENTAL JUSTICE INTERAGENCY COORDINATING COUNCIL AND THE
CLIMATE JUSTICE WORKING GROUP, TO CONDUCT A STUDY ON THE IMPACTS OF
THE URBAN ISLAND EFFECT ON DISADVANTAGED COMMUNITIES.
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 10001-B. 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
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NYS ASSEMBLY MAY 16, 2022
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
AND MR. CUNNINGHAM, CONGRATULATIONS. YOUR FIRST
BILL, SIR. HAPPY, HAPPY, HAPPY.
(APPLAUSE)
ONE OF MANY, I'M SURE. BUT NEVER A CLAP AGAIN.
THANK YOU.
PAGE 9, CALENDAR NO. 19, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00273, CALENDAR NO.
19, GOTTFRIED, GRIFFIN, GALEF, KELLES, SEAWRIGHT, THIELE, MCDONALD,
JENSEN, L. ROSENTHAL, SAYEGH. AN ACT TO AMEND THE PUBLIC HEALTH
LAW, IN RELATION TO CONSIDERATION AND PRESCRIPTION OF NON-OPIOID
TREATMENT ALTERNATIVES FOR TREATMENT OF NEUROMUSCULOSKELETAL
CONDITIONS.
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 273. 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.
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NYS ASSEMBLY MAY 16, 2022
MR. GOODELL: THANK YOU, SIR. THERE IS A CONCERN
THAT'S BEEN RAISED ON THIS BILL THAT WOULD REQUIRE PRACTITIONERS WHO ARE
CONSIDERING PRESCRIBING OPIOID TREATMENT TO EXPLAIN, AND IF POSSIBLE,
REFER PATIENTS TO A NON-OPIOID ALTERNATIVE. AND I SUPPORT THIS BILL
BECAUSE I SUPPORT THE OVERALL OBJECTIVE OF REDUCING OPIOID USE. BUT I
AM SENSITIVE TO THE FACT THAT THERE WILL BE SOME PEOPLE WHO WILL BE
REFERRED TO OPIOIDS FOR PAIN MEDICATION AFTER HAVING ALL THE
CONSEQUENCES EXPLAINED AND WILL DISCOVER TO THIS -- THEIR DISMAY THAT
THEY ABUSE THE DRUG AND WE WILL SEEK TO GET THE PHYSICIAN IN A LIABILITY
SITUATION. SO I HOPE WITH THIS BILL THAT WE ACCOMPLISH OUR OBJECTIVE,
WHICH IS REDUCED USE OF OPIOIDS AND REDUCED ADDICTION IN THE FIRST
PLACE, AND I HOPE AS PART OF THE LEGISLATIVE HISTORY THAT THE COURTS
UNDERSTAND THAT WE ARE NOT ATTEMPTING TO INCREASE PHYSICIAN LIABILITY.
SO WITH THAT UNDERSTANDING I'LL BE SUPPORTING THE BILL.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: MR. GOODELL IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 26, CALENDAR NO. 270, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A07704-A, CALENDAR
NO. 270, FERNANDEZ, ABBATE, DAVILA. AN ACT TO AMEND THE INSURANCE
LAW, IN RELATION TO PROVIDING BEHAVIORAL HEALTH PARITY (PART A); AND TO
AMEND THE INSURANCE LAW, IN RELATION TO THE AUTHORIZATION FOR CERTAIN
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NYS ASSEMBLY MAY 16, 2022
DRUGS FOR THE DETOXIFICATION OR MAINTENANCE OF A SUBSTANCE USE
DISORDER (PART B).
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
-- RECALL THE VOTE -- THE CLERK WILL RECORD THE VOTE ON ASSEMBLY PRINT
7704-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.
PAGE -- RULES REPORT NO. 619, PAGE 40, THE CLERK WILL
READ.
THE CLERK: ASSEMBLY NO. A08869-B, CALENDAR
NO. 619, EICHENSTEIN. AN ACT TO AMEND THE INSURANCE LAW, IN RELATION
TO INSURANCE FOR VICTIMS OF HATE CRIMES.
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 8869-B. 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.
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NYS ASSEMBLY MAY 16, 2022
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 41, CALENDAR NO. 644, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A09977, CALENDAR NO.
644, PAULIN, ZINERMAN. AN ACT TO AMEND THE NOT-FOR-PROFIT
CORPORATION LAW, IN RELATION TO CEMETERY OPERATIONS DURING EMERGENCY
DECLARATIONS.
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 9977. 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.
MS. SOLAGES.
MS. SOLAGES: MR. SPEAKER, DO WE HAVE ANY
FURTHER HOUSEKEEPING OR RESOLUTIONS?
ACTING SPEAKER AUBRY: WE CERTAINLY HAVE A
PIECE OF HOUSEKEEPING.
ON A MOTION BY MR. GOTTFRIED, PAGE 8, CALENDAR NO. 8
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NYS ASSEMBLY MAY 16, 2022
ON THE MAIN CALENDAR, BILL NO. 196-A, AMENDMENTS ARE RECEIVED AND
ADOPTED.
WE HAVE NUMEROUS FINE RESOLUTIONS. WE WILL TAKE
THEM UP WITH ONE VOTE.
ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTIONS ARE ADOPTED.
(WHEREUPON, ASSEMBLY RESOLUTION NOS. 905-910
WERE UNANIMOUSLY ADOPTED.)
MS. SOLAGES.
MS. SOLAGES: I NOW MOVE THAT THE ASSEMBLY
STAND ADJOURNED UNTIL 11:00 A.M., TUESDAY, MAY 17TH, TOMORROW BEING
A SESSION DAY.
ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS
ADJOURNED.
(WHEREUPON, THE HOUSE STOOD ADJOURNED UNTIL
TUESDAY, MAY 17TH AT 11:00 A.M., THAT BEING A SESSION DAY.)
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