TUESDAY, MAY 18, 2022 10:59 A.M.

ACTING SPEAKER AUBRY: THE HOUSE WILL COME

TO ORDER.

IN THE ABSENCE OF CLERGY, LET US PAUSE FOR A MOMENT OF

SILENCE.

(WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)

VISITORS ARE INVITED TO JOIN THE MEMBERS IN THE PLEDGE

OF ALLEGIANCE.

(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND

MEMBERS IN THE PLEDGE OF ALLEGIANCE.)

A QUORUM BEING PRESENT, THE CLERK WILL READ THE

JOURNAL OF TUESDAY, MAY 17TH.

MS. SOLAGES.

MS. SOLAGES: MR. SPEAKER, I MOVE TO DISPENSE

NYS ASSEMBLY MAY 18, 2022

WITH THE FURTHER READING OF THE JOURNAL OF TUESDAY, MAY 17TH AND ASK

THAT THE SAME STAND APPROVED.

ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO

ORDERED.

MS. SOLAGES.

MS. SOLAGES: WELL, GOOD MORNING, COLLEAGUES.

WE HAVE A VERY EXCITING DAY TODAY, A LOT OF GREAT WORK. BUT BEFORE WE

BEGIN, WE'RE GOING TO CONTINUE WITH THE TRADITION OF OUR MAJORITY

LEADER BY READING A QUOTE. THIS QUOTE IS FROM JESSE JACKSON, AND HE'S

A CIVIL RIGHTS ACTIVIST AND LEADER, A BAPTIST MINISTER AND A POLITICIAN.

AND HIS QUOTE IS, AT THE END OF THE DAY, WE MUST GO FORWARD WITH HOPE

AND NOT BACKWARDS BY FEAR AND DIVISION. WHAT GREAT WORDS TO END OUR

WONDERFUL WEEK HERE IN ALBANY.

SO MR. SPEAKER, MAY I HAVE THE MEMBERS' ATTENTION SO

THAT WE CAN ANNOUNCE THE SCHEDULE FOR THE DAY. MEMBERS HAVE ON

THEIR DESK A MAIN CALENDAR, WE ALSO HAVE A DEBATE LIST. WE WILL BEGIN

OUR WORK TODAY BY TAKING UP RESOLUTIONS BEGINNING ON PAGE 3, AND WE

WILL THEN BEGIN THE DAY BY TAKING UP RULES REPORT NO. 271 BY MS.

LUPARDO ON CONSENT. WE WILL ALSO WORK OFF THE DEBATE LIST BEGINNING

WITH THE FOLLOWING BILLS: RULES REPORT NO. 170 BY MR. BRAUNSTEIN;

RULES REPORT NO. 178 BY MR. DINOWITZ; RULES REPORT NO. 179 BY MR.

GOTTFRIED; RULES REPORT NO. 181 BY MS. ROSENTHAL; RULES REPORT NO.

183 BY MR. ABINANTI; RULES REPORT NO. 187 BY MR. EPSTEIN; AND RULES

REPORT NO. 189 BY MR. THIELE. I WILL ANNOUNCE ANY FURTHER ACTION ON

THE FLOOR AS WE PROCEED.

NYS ASSEMBLY MAY 18, 2022

WITH THAT AS A GENERAL OUTLINE, IF THERE IS ANY

HOUSEKEEPING OR INTRODUCTIONS, NOW WOULD BE THE APPROPRIATE TIME.

ACTING SPEAKER AUBRY: WE HAVE NEITHER

INTRODUCTIONS AT THE MOMENT -- OR MAYBE WE DO.

MS. SOLAGES FOR THE PURPOSE OF AN INTRODUCTION.

MS. SOLAGES: YEAH, I HAVE AN INTRODUCTION.

ACTING SPEAKER AUBRY: WE KNEW YOU WERE

GOING TO GIVE US SOMETHING.

MS. SOLAGES: YES. SO WE CAN'T GO ON THE DAY

WITHOUT AN INTRODUCTION, AND SO I'M ACTUALLY JOINED BY SOME GREAT

INDIVIDUALS WHO ARE CURRENTLY LOBBYING FOR SOME BILLS I ACTUALLY

SPONSOR, ATHLETIC TRAINERS (INAUDIBLE) LIKE THIS. BUT WE HAVE ACTUALLY

THE PRESIDENT OF THE NFL ALUMNI ASSOCIATION OF DOWNSTATE NEW

YORK. HE IS FROM BROOKLYN, REPRESENTED BY LATRICE WALKER, JUDE

WADDY IS HERE, AND HE ACTUALLY HAS AN EXCITING LITTLE TRINKET WITH HIM,

I'M GOING TO CALL IT A TRINKET, RIGHT? HE HAS THE VINCE LOMBARDI

SUPERBOWL TROPHY FROM THE YEAR 2008, THE PATRIOTS VERSUS GIANTS

GAME. I HEAR THAT THAT'S THE TIME THE GIANTS DEFEATED THE PATRIOTS, HE'S

JUST REALLY EXCITED BECAUSE THAT'S OUR TROPHY, RIGHT, I DON'T MUCH ABOUT

FOOTBALL, BUT I HEAR IT'S EXCITING. WE'RE ALSO HERE WITH AIMEE BRUNELLE,

WHO IS CO-CHAIR OF THE NEW YORK STATE ATHLETIC TRAINERS ASSOCIATION,

AND SHE IS FROM SCHENECTADY.

SO MR. SPEAKER, CAN YOU EXTEND THE CORDIALITIES OF THE

HOUSE TO NOT ONLY THE AMAZING TROPHY THAT WE HAVE, BUT THE TWO FINE

INDIVIDUALS HERE.

NYS ASSEMBLY MAY 18, 2022

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MS. SOLAGES, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU

BOTH HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU THE

PRIVILEGES OF THE FLOOR. OUR DELIGHT THAT YOU BRING US THE CHAMPIONSHIP

TROPHY, SOMETHING -- YOU KNOW, YOU COULD LEAVE IT HERE WITH US, IT'S ALL

RIGHT, WE'LL TAKE CARE OF IT. BUT IT'S JUST SO GOOD TO SEE YOU BOTH, HOPE

THAT YOU ENJOY YOUR TRIP TO ALBANY, KNOW THAT YOU ARE ALWAYS WELCOME

HERE. AND WE'RE ANTICIPATING THAT A TEAM UP NORTH IS GOING TO BRING

ANOTHER ONE OF THOSE BACK TO US. THANK YOU SO VERY MUCH.

(APPLAUSE)

MR. STERN FOR THE PURPOSES OF AN INTRODUCTION.

MR. STERN: YES, THANK YOU, MR. SPEAKER. ON A

DAY WHERE IT IS OUR PLEASURE TO WELCOME THE LOMBARDI TROPHY THAT

RECOGNIZES CHAMPIONS, IT IS REALLY MY PERSONAL PLEASURE TO RECOGNIZE A

FEW CHAMPIONS FROM MY HOMETOWN THAT ARE VISITING US UP IN ALBANY

TODAY. MR. SPEAKER, WE WELCOME REPRESENTATIVES FROM THE INDIA

ASSOCIATION OF LONG ISLAND. PRAFULBA VAGHELA IS FOUNDER AND DIRECTOR

OF THE YOUNG ADULTS FOR COMMUNITY SERVICE. SHE IS A MEMBER OF THE

TOWN OF HUNTINGTON YOUTH BUREAU BOARD, LEGISLATIVE CHAIR OF THE

INDIA ASSOCIATION OF LONG ISLAND, AND SERVES AS A MEMBER OF THE

SUFFOLK COUNTY WOMENS ADVISORY BOARD. WE'RE ALSO JOINED TODAY BY

MS. RASHNI COOK (PHONETIC) AND MR. RAUL REMETRA (PHONETIC), AND HIS

SON TANAE (PHONETIC), WHO IS AN OUTSTANDING YOUNG MAN PROVIDING

COMMUNITY SERVICE, SERVING AS A MENTOR FOR OTHER YOUNGER STUDENTS

WHILE HE HAS ALSO JUST FINISHED A TERM AS A SUCCESSFUL STUDENT AT

NYS ASSEMBLY MAY 18, 2022

UNIVERSITY OF PENNSYLVANIA AND BRINGS GREAT PRIDE TO OUR ENTIRE

COMMUNITY.

MR. SPEAKER, WOULD YOU PLEASE EXTEND THE CORDIALITIES

OF THE HOUSE AND THE PRIVILEGES OF THE FLOOR TO OUR FRIENDS FROM LONG

ISLAND REPRESENTING THE INDIA ASSOCIATION. THANK YOU.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. STERN, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU HERE

TO THE NEW YORK STATE ASSEMBLY. WE EXTEND TO YOU THE PRIVILEGES OF

THE FLOOR, OUR CONGRATULATIONS ON ALL THAT ALL OF YOU DO. CONTINUE THAT

GREAT NETWORK YOU'RE DOING, YOUNG MAN, UNIVERSITY OF PENNSYLVANIA IS

NO SMALL ACCOMPLISHMENT. PLEASE KNOW THAT YOUR GOOD WISHES AND OUR

WISHES WILL GO WITH YOU THROUGH YOUR LIFE. PLEASE CONTINUE THE GREAT

WORK IN THE COMMUNITY THAT YOU'RE DOING, MA'AM, AND KNOW THAT YOU

ARE BOTH, AND ALL OF YOU, WELCOME HERE ANY TIME YOU CAN GET TO

ALBANY. THANK YOU SO VERY MUCH.

(APPLAUSE)

RESOLUTIONS, PAGE 3, THE CLERK WILL READ.

THE CLERK: ASSEMBLY RESOLUTION NO. 926, RULES

AT THE REQUEST OF MS. JOYNER.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM MAY 2022 AS PREECLAMPSIA 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.

NYS ASSEMBLY MAY 18, 2022

THE CLERK: ASSEMBLY RESOLUTION NO. 927, RULES

AT THE REQUEST OF MS. SOLAGES.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM JULY 2022 AS FIBROID AWARENESS MONTH IN

THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 928, RULES

AT THE REQUEST OF MR. DESTEFANO.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM AUGUST 2022 AS CHILDREN'S EYE HEALTH AND

SAFETY AWARENESS MONTH IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: MR. DESTEFANO ON THE

RESOLUTION.

MR. DESTEFANO: THANK YOU, MR. SPEAKER. AS

WE CONSIDER A RESOLUTION TO PROCLAIM AUGUST AS CHILDREN'S EYE HEALTH

AND SAFETY AWARENESS MONTH IN THE STATE OF NEW YORK, I ASK THAT OUR

THOUGHTS TURN TO CAITLYN MICHAELS AND HER STRUGGLE WITH BILATERAL

UVEITIS. UVEITIS IS A FORM OF EYE INFLAMMATION. IT AFFECTS THE MIDDLE

LAYER OF TISSUE IN THE EYE WALL. UVEITIS WARNING SIGNS OFTEN COME ON

SUDDENLY AND GET WORSE QUICKLY. THEY INCLUDE EYE REDNESS, PAIN AND

BLURRED VISION. IT IS THE THIRD LEADING CAUSE OF BLINDNESS IN CHILDREN.

THROUGH CAITLYN'S TIRELESS EFFORTS, CHILDREN'S EYE

HEALTH AND SAFETY AWARENESS MONTH, NOW KNOWN AS CAITLYN'S LAW,

NYS ASSEMBLY MAY 18, 2022

WAS APPROVED BY THE SUFFOLK COUNTY LEGISLATURE IN APRIL OF 2019.

THIS LAW DIRECTS THE COUNTY HEALTH DEPARTMENT TO IMPLEMENT UPDATED

INFORMATION ABOUT EYE HEALTH AND URGES FAMILIES THROUGH VARIOUS

PROGRAMS TO GET REGULAR CHECKUPS. AWARENESS OF BILATERAL UVEITIS AND

OTHER MANY OTHER AFFLICTIONS THAT AFFECT THE EYES OF CHILDREN MUST BE A

PRIORITY STATEWIDE. DOCTORS AND HEALTH CARE PROVIDERS MUST BE

COGNIZANT OF THE NEED TO CAREFULLY MONITOR THE EYE HEALTH OF CHILDREN,

AND PARENTS MUST BE AWARE AS WELL. PROCLAIMING AUGUST AS CHILD --

CHILDREN'S EYE HEALTH AND SAFETY AWARENESS MONTH IN THE EMPIRE

STATE WILL GO A LONG WAY TOWARDS IDENTIFYING, TREATING, PROTECTING THE

PRECIOUS VISION OF OUR CHILDREN.

CAITLYN MICHAELS LIVES IN MASTIC, LONG ISLAND IN THE

3RD ASSEMBLY DISTRICT. AS THE REPRESENTATIVE OF THIS DISTRICT, I'M

INSPIRED TO KEEP CAITLYN'S VISION AND DREAM ALIVE AND MAKE SURE THAT

CHILDREN MAINTAIN THE BLESSING OF VISION. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 929, RULES

AT THE REQUEST OF MRS. GRIFFIN.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM SEPTEMBER 4-10, 2022 AS SUICIDE

PREVENTION WEEK IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: MRS. GRIFFIN ON THE

RESOLUTION.

NYS ASSEMBLY MAY 18, 2022

MRS. GRIFFIN: OKAY. THANK YOU, MR. SPEAKER, FOR

ALLOWING ME TO SPEAK ON THIS RESOLUTION. SADLY, TOO MANY YOUNG

PEOPLE ARE DYING OF SUICIDE REALLY EVERY DAY AND ALL THROUGH NEW YORK

STATE, ALL THROUGH OUR COUNTRY. SADLY IN MY HOMETOWN OF ROCKVILLE

CENTER, THERE HAVE BEEN SO MANY YOUNG LIVES LOST TO SUICIDE. SO MANY

OF MY KIDS' FRIENDS HAVE -- HAVE LOST, THAT WE'VE LOST. RECENTLY, WE

EVEN LOST A FATHER OF ONE -- ONE OF MY SON'S FRIENDS. AND ONE OF -- A

COUPLE OF YEARS AGO ONE OF MY SON'S FRIENDS COMMITTED SUICIDE AND HIS

-- THEY CAME UP HERE AND I -- I INTRODUCED THEM ON THE FLOOR. BUT THIS

FAMILY STARTED THE RYAN PATRICK O'SHEA FOUNDATION AND THE HOPE

WITHIN THAT FOUNDATION IS TO BRING AWARENESS TO SUICIDE, AWARENESS TO

MENTAL HEALTH, HAVE PEOPLE BE OPEN WITH THEIR STRUGGLES SO THEY CAN BE

HELPED. AND THEY HAVE REALLY DONE A LOT IN OUR COMMUNITY, BROUGHT

YOGA INTO OUR -- MANY OF THE HIGH SCHOOLS IN AD21, AND HAVE REALLY

MADE A DIFFERENCE, AND A WALK, AND HAVE REALLY GOTTEN KIDS TO TALK

ABOUT SUICIDE AND HAVE GOTTEN THE LONG ISLAND RAILROAD TO POST

BANNERS AND THEY'VE REALLY MADE A LOT OF STRIDES.

AND SO I JUST WANTED TO RECOGNIZE THEM AND ALL THE

FAMILIES, INCLUDING MY COUSIN'S FAMILY WHO ALSO COMMITTED SUICIDE

AND, YOU KNOW, ALL OF THE PEOPLE IN GENERAL. IT'S SO IMPORTANT. WE

NEED TO RECOGNIZE THAT SUICIDE IS A PROBLEM EVERY DAY, BUT THIS

RESOLUTION IS TO PROCLAIM IT FOR THE WEEK OF SEPTEMBER 4TH THROUGH

SEPTEMBER 10TH. THANK YOU FOR ALLOWING ME TO SPEAK ON THE BILL -- ON

THE RESOLUTION.

ACTING SPEAKER AUBRY: THANK YOU.

NYS ASSEMBLY MAY 18, 2022

ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 930, RULES

AT THE REQUEST OF MR. BYRNE.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM OCTOBER 6-12, 2022 AS PHYSICIAN ASSISTANT

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. 931, RULES

AT THE REQUEST OF MR. ZEBROWSKI.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM OCTOBER 9-15, 2022 AS FIRE PREVENTION

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. 932, RULES

AT THE REQUEST OF MR. BRABENEC.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM OCTOBER 2022 AS CZECH-AMERICAN HERITAGE

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

NYS ASSEMBLY MAY 18, 2022

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 933, RULES

AT THE REQUEST OF MS. BUTTENSCHON.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM OCTOBER 28TH, 2022 AS FIRST RESPONDERS

DAY IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: MS. BUTTENSCHON ON

THE RESOLUTION.

MS. BUTTENSCHON: THANK YOU, MR. SPEAKER.

ON BEHALF OF THE ASSEMBLY AS WELL AS SO MANY OTHERS, OUR FIRST

RESPONDERS ARE THE INDIVIDUALS THAT COME TO US IN TIME OF NEED. AND I

KNOW THE WEEK IS IN OCTOBER, BUT I WOULD JUST LIKE TO REMIND EVERYONE

THAT EVERY DAY WE FACE CHALLENGES, AND THOSE CHALLENGES HAVE THE

FOLLOW-UP OF OUR FIRST RESPONDERS COMING TO ENSURE THE HEALTH AND

SAFETY OF THOSE INDIVIDUALS. SO I WOULD ASK THAT ALL WOULD RESPECTFULLY

SUPPORT ME IN THIS RESOLUTION. THANK YOU.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 934, RULES

AT THE REQUEST OF MR. MCDONALD.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM OCTOBER 2022 AS PHARMACISTS MONTH IN THE

STATE OF NEW YORK, IN CONJUNCTION WITH THE OBSERVANCE OF NATIONAL

PHARMACISTS MONTH.

NYS ASSEMBLY MAY 18, 2022

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. 935, RULES

AT THE REQUEST OF MR. DESTEFANO.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM NOVEMBER 12-20, 2022 AS HUNGER AND

HOMELESSNESS AWARENESS WEEK IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: MR. DESTEFANO ON THE

RESOLUTION.

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

OPPORTUNITY TO SPEAK ON THIS VERY IMPORTANT RESOLUTION. THE PROBLEM

OF HUNGER AND HOMELESSNESS IS A GREAT CONCERN TO ALL NEW YORKERS.

MORE THAN 2.6 CITIZENS, OR ONE IN EVERY EIGHT PEOPLE, ARE CONSIDERED

FOOD INSECURE, AND AN ESTIMATED 91,000 HAVE NOWHERE TO SLEEP AT

NIGHT. FOR THE YOUNGEST IN OUR STATE, FOOD INSECURITY IS EVER PREVALENT

AND AFFECTS ONE-IN-FIVE CHILDREN. AS INFLATION REARS ITS UGLY HEAD AND

THE BUDGETS OF FAMILIES COME UNDER EVEN MORE STRAIN, WE CAN EXPECT

THE PROBLEM TO EXACERBATE.

WHILE NEW YORK IS COMMITTED TO WORKING WITH FOOD

PANTRIES, SHELTERS AND OTHER SERVICE ORGANIZATIONS, IT IS IMPERATIVE THAT

A GREATER AWARENESS OF THIS ISSUE AND MORE MUST BE DONE TO INCREASE

ACTIVITY IN THE LOCAL, STATE AND NATIONAL LEVELS. IN 1975, VILLANOVA

UNIVERSITY HOSTED THE FIRST NATIONAL HUNGER AND HOMELESSNESS WEEK

AND SINCE THAT, UNIVERSITIES, COLLEGES, HIGH SCHOOLS, ORGANIZATIONS AND

NYS ASSEMBLY MAY 18, 2022

OTHER GOVERNMENTS -- OTHER GOVERNMENTAL AGENCIES ACROSS THE UNITED

STATES HAVE HOSTED EVENTS TO INCREASE AWARENESS ABOUT THE DAILY EFFECTS

OF THOSE THAT ARE AFFECTED. THESE VITAL INITIATIVE FOCUSES ARE GIVING AND

CARRYING THE WEEK BEFORE THANKSGIVING, AND THE OBSERVANCE SERVES AS

A REMINDER THAT HUNGER AND HOMELESSNESS DO NOT STOP AROUND THE

HOLIDAYS AND CONTINUE ALL YEAR LONG.

TO KEEP THIS CRITICAL ISSUE IN THE FOREFRONT, I ASK THAT

MY COLLEAGUES AND GOVERNOR HOCHUL JOIN ME IN PROCLAIMING

NOVEMBER 15TH [SIC]-21ST AS HUNGER AND HOMELESSNESS AWARENESS

MONTH [SIC] IN THE STATE OF NEW YORK, WITH THE OBSERVANCE OF NATIONAL

AWARENESS WEEK. I URGE ALL NEW YORKERS TO GET BEHIND THIS EFFORT AND

REACH OUT AND GIVE A HELPING HAND TO AS MANY FELLOW CITIZENS AND

ORGANIZATIONS THAT THEY CAN. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.

PAGE 11, RULES REPORT NO. 271, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A10195, RULES REPORT

NO. 271, COMMITTEE ON RULES (LUPARDO). AN ACT TO AMEND THE

AGRICULTURE AND MARKETS LAW, IN RELATION TO THE BEGINNING FARMER

ADVISORY BOARD ON AGRICULTURE.

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 10195. THIS IS A FAST ROLL CALL. ANY

NYS ASSEMBLY MAY 18, 2022

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: ON BEHALF OF ASSEMBLYWOMAN JUDY

GRIFFIN, I'D LIKE TO INTRODUCE TWO FINE INDIVIDUALS WHO HAVE COME HERE

IN SUPPORT OF LIBRARIES, BECAUSE WE KNOW LIBRARIES ARE ESSENTIAL. SO WE

HAVE JAN HEINLEIN, WHO'S THE BUSINESS MANAGER OF NASSAU LIBRARY

SYSTEM. I'D LIKE TO WISH HER A HAPPY RETIREMENT, SHE'S RETIRING IN SEVEN

DAYS, SO WE APPRECIATE ALL THE WORK SHE DOES. AND ALSO NICOLE

SCHERER, WHO'S THE ASSISTANT DIRECTOR OF THE NASSAU LIBRARY SYSTEM.

WE THANK THEM FOR THEIR DEDICATION, THEIR EFFORT AND, YOU KNOW, ON

BEHALF OF NASSAU COUNTY, WE -- WE'RE EXCITED TO HAVE THEM IN THE

CHAMBER. PLEASE EXTEND THE CORDIALITIES OF THE HOUSE.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MRS. GRIFFIN, THE ENTIRE NASSAU DELEGATION, THE SPEAKER AND ALL THE

MEMBERS - AND MYSELF, I'M A LATCHKEY KID, SO THAT'S WHERE I SPENT MY

AFTERNOONS AFTER SCHOOL IN THE LIBRARY - THANK YOU SO VERY MUCH FOR THE

WORK YOU DO. WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR, HOPE THAT

YOU WILL HAVE ENJOYED YOUR TRIP TO ALBANY AND THAT WILL HAVE BEEN

BENEFICIAL TO LIBRARIES ALL OVER THE STATE. THANK YOU SO VERY MUCH.

NYS ASSEMBLY MAY 18, 2022

(APPLAUSE)

PAGE 7, RULES REPORT NO. 179, THE CLERK WILL READ.

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,

LUNSFORD, BRAUNSTEIN, MAMDANI, ZINERMAN, KELLES, MCDONALD, CAHILL,

GONZ�LEZ-ROJAS, BRONSON, ANDERSON, GRIFFIN, BURDICK, DURSO, CLARK,

VANEL, ENGLEBRIGHT, OTIS, BICHOTTE HERMELYN, BURGOS, J. RIVERA,

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: ON A MOTION BY MR.

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

ADVANCED.

AN EXPLANATION IS REQUESTED, MR. GOTTFRIED.

MR. GOTTFRIED: THANK YOU, MR. SPEAKER. THIS

BILL DEALS WITH WHAT ARE CALLED FACILITY FEES, WHICH I THINK A LOT OF US

ARE NOWADAYS FAMILIAR WITH. IT APPLIES TO FACILITY FEES FOR ANY HEALTH

CARE SERVICES THERE ARE PROVIDED IN A HOSPITAL-BASED FACILITY AND -- FOR

WHICH THE FEE IS NOT COVERED BY THE PATIENT'S HEALTH INSURANCE. AND IT

REQUIRES THAT IN ORDER TO CHARGE THAT FEE, THE PATIENT MUST BE NOTIFIED OF

THE FEE AND THE AMOUNT, ET CETERA, AT LEAST SEVEN DAYS BEFORE THE PATIENT

VISIT, WITH THE EXCEPTION THAT IF THE VISIT WAS SCHEDULED LESS THAN SEVEN

NYS ASSEMBLY MAY 18, 2022

DAYS BEFORE THE VISIT, THE NOTICE WOULD BE PROVIDED AT THE TIME OF THE

VISIT. AND IT ALSO PROVIDES THAT NO FACILITY FEE SHALL BE CHARGED FOR ANY

PREVENTIVE SERVICES AS DEFINED BY THE UNITED STATES PREVENTIVE

SERVICES TASK FORCE.

MR. BYRNE: THANK YOU, MR. SPEAKER, AND THANK

YOU TO THE SPONSOR. WILL THE SPONSOR YIELD FOR SOME QUESTIONS?

MR. GOTTFRIED: YES.

ACTING SPEAKER AUBRY: MR. GOTTFRIED YIELDS.

MR. BYRNE: THANK YOU, MR. GOTTFRIED. NOW, IF IT

-- IF THAT NOTICE REQUIREMENT IN THE STATUTE IS NOT MET, AM I ACCURATE IN

SAYING THAT THIS WOULD THEN PROHIBIT PHYSICIAN GROUPS FROM SEPARATELY

BILLING A PATIENT FOR SERVICES PROVIDED AT THE HOSPITAL?

MR. GOTTFRIED: I'M SORRY, I -- I -- I COULDN'T HEAR

THAT.

MR. BYRNE: THIS -- THIS WOULD AFFECT OR PROHIBIT

PRIVATE PHYSICIAN GROUPS FROM SEPARATELY BILLING A PATIENT FOR SERVICES

PROVIDED AT A HOSPITAL IF IT DOESN'T COMPLY WITH THAT NOTICE

REQUIREMENT, THAT TRANSPARENCY REQUIREMENT YOU MENTIONED IN THE BILL?

MR. GOTTFRIED: RIGHT. IT --

ACTING SPEAKER AUBRY: WE ARE ON DEBATE

AND SO SOCIALIZATION IS TAKEN OUTSIDE.

MR. GOTTFRIED: RIGHT. OTHER THAN FOR THE

EXCEPTIONS THAT ARE SPELLED OUT IN THE BILL, IN ORDER TO CHARGE THE

FACILITY FEE FOR A HOSPITAL-BASED SERVICE THERE WOULD HAVE TO BE PRIOR

NOTICE SEVEN DAYS BEFORE THE VISIT, YES.

NYS ASSEMBLY MAY 18, 2022

MR. BYRNE: YES. SO THAT NO HOSPITAL, IT'S RIGHT IN

THE BILL, LINE 10, NO HOSPITAL OR HEALTH SYSTEM OR HEALTH CARE PROVIDER --

I JUST WANTED TO MAKE SURE I HAD THAT -- I UNDERSTOOD THE -- THE

DEFINITIONS THAT --

MR. GOTTFRIED: RIGHT.

MR. BYRNE: -- WERE INCLUDED IN THAT. NOW, IS

THERE ANY EXCEPTION FOR EMERGENCY SERVICES OR EMERGENCY OPERATIONS?

MR. GOTTFRIED: WELL, AN EMERGENCY SERVICE

WOULD, BY DEFINITION, COME UNDER THE EXCEPTION WHERE THE VISIT WAS

NOT SCHEDULED SEVEN DAYS OR MORE BEFORE THE VISIT. SO IT WOULD COME

UNDER THAT EXCEPTION AND A FACILITY FEE COULD BE CHARGED.

MR. BYRNE: OKAY. NOW, THERE'S BEEN SOME

CONCERNS RAISED BY VARIOUS GROUPS IN THE MEDICAL COMMUNITY, I KNOW

YOU'RE FAMILIAR WITH MANY OF THESE DIFFERENT ORGANIZATIONS INCLUDING

THE MEDICAL SOCIETY OF THE STATE OF NEW YORK, A LOT OF DIFFERENT

PROVIDERS IN THE STATE, AND I KNOW YOU'RE VERY PASSIONATE ABOUT THINGS

LIKE PHYSICIAN BURNOUT AND TRYING TO REDUCE NEW BURDENS ON

PHYSICIANS, BUT JUST, THE CONCERNS THAT HAVE BEEN RAISED THIS WOULD

REQUIRE A PHYSICIAN ON BEHALF OF AN AFFILIATED HOSPITAL OR HEALTH SYSTEM

TO DISCLOSE THAT THE AFFILIATED ENTITY WILL CHARGE THE FACILITY FEE AND THAT

THIS WILL CREATE A SIGNIFICANT NEW ADMINISTRATIVE BURDEN ON PHYSICIANS.

HOW WOULD YOU RESPOND TO SOME OF THOSE CONCERNS?

MR. GOTTFRIED: YEAH, IT'S A -- IT'S A GOOD

QUESTION AND THE ANSWER IS -- IS A LOT DIFFERENT TODAY THAN IT MIGHT HAVE

BEEN IF WE WERE DISCUSSING THIS BILL A DECADE OR SO AGO. SERVICES THAT

NYS ASSEMBLY MAY 18, 2022

ARE PROVIDED IN A HOSPITAL-BASED FACILITY ARE -- ARE VERY DIFFERENT FROM

THE SERVICE PROVIDED BY A GENERAL PRACTITIONER -- BY A -- BY A

PRACTITIONER IN A -- IN A PRIVATE OFFICE. NOWADAYS, IF YOU'RE GOING FOR A

SERVICE PROVIDED IN A HOSPITAL-BASED FACILITY, YOU ARE ALMOST

GUARANTEED TO BE GETTING ELECTRONIC NOTIFICATION WELL BEFORE THE EVENT.

YOU GET ELECTRONIC NOTIFICATION WANTING TO KNOW IF YOU'VE TRAVELED

OUTSIDE THE COUNTRY IN THE LAST TEN DAYS, WANTING TO KNOW, YOU KNOW,

DO WE HAVE YOUR PHONE NUMBER RIGHT, WANTING TO KNOW DO WE HAVE

YOUR INSURANCE INFORMATION RIGHT, CONFIRMING THE APPOINTMENT, ET

CETERA. ALL OF THAT IS DONE AUTOMATICALLY BY A COMPUTER NOWADAYS. ALL

THE HOSPITAL-BASED FACILITY WOULD DO IS ADD ONE MORE ITEM TO THAT

COLLECTION OF COMPUTER NOTIFICATIONS, INCLUDING THE INFORMATION ABOUT

THE FACILITY FEE. SO AS I SAY, MAYBE YEARS AGO YOU COULD HAVE ARGUED

THAT THIS WOULD BE A BURDEN ON -- ON PROVIDERS. NOWADAYS, ONCE

PEOPLE IN THE -- IN THE IT DEPARTMENT AT THE HOSPITAL PUT THIS INTO THEIR

SYSTEM, IT WILL NOT BE A BURDEN ON ANYONE.

MR. BYRNE: WELL, I -- I THINK SOME OF THE

PROVIDERS WOULD RESPECTFULLY DISAGREE, BUT I -- I DO APPRECIATE YOUR

RESPONSE TO IT. AND UNDERSTANDING THAT THINGS HAVE CHANGED OVER THE

LAST DECADE, SURELY, AND I -- AND I THINK THE STATE HAS CERTAINLY STEPPED

UP AND EMBRACED NEW TECHNOLOGIES, LIKE TELEHEALTH, OVER THE YEARS.

AND THAT'S BECAUSE OF THOSE TECHNOLOGICAL -- THOSE -- THOSE ADVANCES IN

TECHNOLOGY.

NOW, SOME OTHER QUESTIONS THAT I HAD. YOU -- YOU

MENTIONED, YOU KNOW, ELECTRONIC NOTIFICATIONS AND NOTICE, AND THIS --

NYS ASSEMBLY MAY 18, 2022

THIS LEGISLATION THAT SEEKS TO BE MORE TRANSPARENT AND ADVANCED NOTICE

IN THE BILLING OF A FACILITY FEE, DOES IT OUTLINE HOW THAT NOTICE MUST BE

GIVEN? MUST -- DOES IT -- MUST IT BE MAILED? CAN IT BE SENT

ELECTRONICALLY? JUST TO CONFIRM, I THINK YOU SAID IT COULD?

MR. GOTTFRIED: YES, IT CERTAINLY CAN BE DONE

ELECTRONICALLY. THE BILL SAYS NOTHING THAT WOULD INTERFERE WITH

PROVIDING THAT NOTICE ELECTRONICALLY.

MR. BYRNE: NOW, ON -- I BELIEVE IT'S LINE 27 OF

SECTION 2830, IT TALKS ABOUT THE STYLE AND FONT SIZE AND LANGUAGE THAT

MUST BE -- THIS MUST BE TRANSLATED, AND IT SAYS "TOP SIX LANGUAGES."

NOW, FOR SOME OF OUR COLLEAGUES THAT REPRESENT MORE RURAL

COMMUNITIES IN UPSTATE, THEY MAY HAVE ONLY TWO MAJOR LANGUAGES

COMPARED TO, YOU KNOW, SIX LANGUAGES. IS THERE A CONCERN THAT THAT

CREATES -- THAT'S AN UNNECESSARY ADDITION FOR SOME OF OUR MORE RURAL

COMMUNITIES IN -- IN NEW YORK?

MR. GOTTFRIED: WELL, I DON'T THINK IT'S -- IT'S A

BURDEN. AGAIN, IT IS SOMETHING THAT WOULD BE DONE ESSENTIALLY ONCE BY

THE HOSPITAL-BASED FACILITY. ONCE THEY SET UP THAT NOTICE, THEY

WOULDN'T, YOU KNOW, IT WOULD -- IT WOULD FUNCTION AUTOMATICALLY. AND

IT MAY -- IT'S -- TO ME, IT'S HARD TO IMAGINE IN THE STATE OF NEW YORK

THAT THERE IS A HOSPITAL THAT HAS A SERVICE AREA IN WHICH THERE AREN'T AT

LEAST SIX LANGUAGES SPOKEN. THEY MAY NOT BE SPOKEN BY A LARGE CHUNK

OF THE -- OF THE POPULATION, BUT IT'S HARD TO IMAGINE A HOSPITAL WHOSE

SERVICE AREA DOES NOT HAVE AT LEAST SOME NUMBER OF PEOPLE WHO SPEAK

AS MANY AS SIX DIFFERENT LANGUAGES.

NYS ASSEMBLY MAY 18, 2022

MR. BYRNE: THANK YOU TO THE SPONSOR.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. BYRNE: I WANT TO THANK THE SPONSOR FOR TAKING

TIME TO ANSWER THE QUESTIONS AND, CERTAINLY, I THINK MOST OF US LIKE THE

IDEA OF INCREASING TRANSPARENCY IN BILLING SO PEOPLE DON'T GET SURPRISE

BILLS. BUT THERE'S A NUMBER OF CONCERNS THAT I EXPRESSED. CERTAINLY

PHYSICIAN BURNOUT IS SOMETHING WE -- WE TALK ABOUT EVEN -- NOT JUST

PHYSICIANS, BUT IN -- IN THE HEALTH CARE SECTOR AND GENERALLY SPEAKING,

YOU KNOW, GOING THROUGH THIS PANDEMIC FOR THE LAST SEVERAL YEARS,

MANY OF OUR FRONTLINE HEALTH CARE WORKERS HAVE HAD A TREMENDOUS

AMOUNT OF STRAIN ON THEIR POSITION AND IT'S IMPACTED THEIR LIVES IN A WAY

THAT MOST OF US CANNOT EVEN IMAGINE. BUT ADDING TO THE ADMINISTRATIVE

BURDENS WHILE I'M SURE, WELL-INTENTIONED, IT ADDS TO THAT STRAIN.

AND I WAS READING -- I LOOK UP THIS -- THE ARTICLE, THESE

RATINGS EVERY YEAR IN MARCH EARLIER THIS YEAR, MARCH 2022, WALLETHUB

COMES OUT WITH THE BEST AND WORST STATES TO BE A DOCTOR. AND WOULDN'T

YOU KNOW, THEY ACTUALLY COUNT 51, THERE'S NOT 51 STATES, BUT THEY

INCLUDE WASHINGTON, D.C. OUT OF 51, WE'RE 50TH, 50TH, AS A -- AS A

PLACE TO PRACTICE AS A PHYSICIAN. AND I DON'T WANT TO BE DOING

ANYTHING THAT MAKES IT MORE COSTLY FOR PEOPLE TO PRACTICE, THAT MAKES IT

MORE DIFFICULT FOR PEOPLE TO PRACTICE. AGAIN, I -- I APPRECIATE THE

INTENTIONS BEHIND THE LEGISLATION. SOME OF THE ORGANIZATIONS THAT HAVE

RAISED CONCERNS, AMERICAN COLLEGE OF OBSTETRICIANS AND

GYNECOLOGISTS, THE MEDICAL SOCIETY OF THE STATE OF NEW YORK, NEW

NYS ASSEMBLY MAY 18, 2022

YORK STATE ACADEMY OF FAMILY PHYSICIANS, NEW YORK AMERICAN

COLLEGE OF EMERGENCY PHYSICIANS, NEW YORK STATE OPHTHALMOLOGY

SOCIETY, NEW YORK STATE OSTEOPATHIC MEDICAL SOCIETY, NEW YORK

STATE RADIOLOGICAL SOCIETY, NEW YORK STATE SOCIETY OF

ANESTHESIOLOGISTS, AND THE LIST GOES ON.

AGAIN, I JUST WANTED TO MAKE SURE THAT THOSE POINTS

WERE MADE ON RECORD, AND I DO APPRECIATE THE SPONSOR FOR TAKING THE

TIME TO ANSWER MY QUESTIONS. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. RA.

MR. RA: THANK YOU, MR. SPEAKER. WILL THE SPONSOR

YIELD?

ACTING SPEAKER AUBRY: MR. GOTTFRIED --

MR. GOTTFRIED: YES.

ACTING SPEAKER AUBRY: MR. GOTTFRIED YIELDS.

MR. RA: THANK YOU, MR. GOTTFRIED. SO JUST A -- A

COUPLE OF QUESTIONS. FIRST, WITH THE REALLY THE LAST COUPLE OF LINES OF

THIS REGARDING PREVENTATIVE CARE, AND ONE OF THE ISSUES THAT WAS RAISED

IS THAT PERHAPS AN INDIVIDUAL COMES IN FOR PREVENTATIVE CARE, BUT ALSO

THERE WAS SOME NON-PREVENTATIVE ASPECTS TO THAT VISIT WITH THEIR

PROVIDER AND WHETHER THE PROVIDER WOULD THEN BE OUT OF COMPLIANCE

WITH THIS BECAUSE THEY WILL NOT HAVE NOTICED THE INDIVIDUAL.

MR. GOTTFRIED: WELL, ACTUALLY, IT WOULD NOT BE

OUT OF COMPLIANCE BECAUSE I THINK IT WOULD BE APPROPRIATE TO REGARD

THE NON-PREVENTATIVE PART OF THAT VISIT AS HAVING BEEN SECURED LESS THAN

NYS ASSEMBLY MAY 18, 2022

SEVEN DAYS BEFORE. NAMELY, IT WOULD HAVE BEEN SECURED, YOU KNOW, IN

THE MIDDLE OF THE APPOINTMENT. SO I -- I THINK IN THE CIRCUMSTANCE THAT

YOU'RE DESCRIBING WHICH I'M -- I'M FAMILIAR WITH THE ARGUMENT BECAUSE

IF YOU -- IT'S FROM A HANYS MEMO THAT CAME IN A DAY OR TWO AGO. IN

THAT CIRCUMSTANCE, THE NON-PREVENTIVE SERVICE WOULD BE TREATED AS IF IT

HAD NOT BEEN SCHEDULED MORE THAN SEVEN DAYS BEFORE. SO THERE'S REALLY

NO PROBLEM.

MR. RA: OKAY. THANK YOU FOR THAT. AND THEN THE

OTHER THING AS YOU JUST MENTIONED, BECAUSE IT'S EXACTLY THE MEMO I'M

LOOKING AT RIGHT NOW, THEY DID TALK ABOUT JUST KIND OF, YOU KNOW,

PERHAPS LOOKING AT THIS FROM THE STANDPOINT OF, YOU KNOW, WHEN

SOMEBODY IS GOING TO BE -- A RECURRING SERIES OF VISITS THAT -- THAT MAY

BE NOTICING THEM PERIODICALLY AS OPPOSED TO EACH INDIVIDUAL TIME

MIGHT BE MORE -- MORE APPROPRIATE AND LESS BURDENSOME ON -- ON THE

PROVIDER. SO YOU KNOW, IF SOMEBODY IS GOING TO BE COMING IN ON A

REGULAR BASIS FOR SOME, YOU KNOW, CHRONIC OR RECURRING SITUATION,

WHETHER THIS IS GOING TO REQUIRE THAT EACH AND EVERY ONE OF THOSE VISITS

THAT'S -- THAT'S SCHEDULED, BECAUSE OFTENTIMES THESE ARE SCHEDULED, YOU

KNOW, ON A PERIODIC BASIS, MAYBE YOU'RE COMING IN EVERY TWO WEEKS

OR YOU'RE COMING IN EVERY MONTH, WHATEVER IT IS, HOW -- HOW THAT

WORKS WITH REGARD TO THIS.

MR. GOTTFRIED: YEAH. WELL, AGAIN, IF WE WERE

DOING THIS A FEW YEARS AGO THERE MIGHT BE AN ARGUMENT THAT PROVIDING A

NOTICE FOR EVERY APPOINTMENT WOULD BE AN ADMINISTRATIVE BURDEN;

NOWADAYS, IT'S NO BURDEN AT ALL BECAUSE IT'S ALL DONE BY COMPUTER. IF

NYS ASSEMBLY MAY 18, 2022

YOU'VE BEEN -- IF YOU RECEIVED A HEALTH CARE SERVICE AT A HOSPITAL-BASED

FACILITY ANYTIME IN THE LAST COUPLE OF YEARS, I'M SURE YOU'VE HAD THE

EXPERIENCE THAT I HAVE WHERE YOU GET EMAILS CONFIRMING THE VISIT,

ASKING IF YOU'VE BEEN OUT OF THE COUNTRY, ASKING IF -- IF YOU'VE BEEN

VACCINATED, ASKING IS THIS STILL YOUR INSURANCE PLAN. AND SO THIS WOULD

SIMPLY BE PLUGGED INTO THOSE AUTOMATIC NOTICES AND ACTUALLY, IT WOULD

PROBABLY BE EASIER FOR A HOSPITAL TO SEND OUT THE NOTICE WITH EVERY VISIT

RATHER THAN TRYING TO KEEP TRACK OF -- OF WHETHER IT'S BEEN MORE THAN A

YEAR SINCE THEY SENT OUT THE NOTICE.

MR. RA: ALL RIGHT. THANK YOU. AND -- AND THEN

JUST, YOU KNOW, YOU MENTIONED THE HANYS MEMO, BUT THERE WAS ALSO

A LETTER THAT CAME IN FROM A NUMBER OF MEDICAL PROFESSIONALS IN TERMS

OF A CONCERN THAT THEY HAD WITH THIS. SO WOULD THIS APPLY TO EMPLOYED

PHYSICIANS AS -- IN ADDITION TO AFFILIATED PHYSICIANS?

MR. GOTTFRIED: YES, IT WOULD AS LONG AS THE

SERVICE IS PROVIDED IN A HOSPITAL-BASED FACILITY. SO FOR EXAMPLE IF, YOU

KNOW, IF YOUR DOCTOR IS -- IS EMPLOYED BY A HOSPITAL OR IS AFFILIATED

WITH A HOSPITAL, BUT YOU'RE GETTING THE SERVICE IN THE PHYSICIAN'S PRIVATE

OFFICE NOT IN A HOSPITAL-BASED FACILITY, THIS BILL WOULD NOT COME INTO

PLAY. ALSO, UNDER THOSE CIRCUMSTANCES THERE WOULD PROBABLY NOT BE A

FACILITY FEE BECAUSE FACILITY FEES ARE -- ARE ALMOST ENTIRELY A

PHENOMENON OF HOSPITAL-BASED CARE.

MR. RA: RIGHT. THANK YOU VERY MUCH, MR.

GOTTFRIED.

MR. SPEAKER, ON THE BILL.

NYS ASSEMBLY MAY 18, 2022

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. RA: YOU KNOW, JUST QUICKLY ON THAT LAST POINT,

YOU KNOW, ONE -- ONE OF THE CONCERNS THAT -- THAT WAS RAISED IN THIS

MEMO IS THAT MANY OF THESE PHYSICIANS ACTUALLY LEFT PRIVATE PRACTICE TO

MINIMIZE THESE TYPES OF ADMINISTRATIVE REQUIREMENTS SO THEY CAN

FOCUS, YOU KNOW, MORE ON HEALTH CARE DELIVERY. AND THESE ARE FEES

THAT ARE NOT REALLY FOR THE BENEFIT OF -- OF THAT PHYSICIAN, THEY'RE FOR THE

BENEFIT OF THE HEALTH SYSTEM OR -- OR THE HOSPITAL. BUT REALLY, THE

BURDEN THEN IS GOING TO FALL ON THEM FOR -- FOR THE DISCLOSURE.

SO YOU KNOW, I KNOW OVER THE YEARS WE'VE DONE A LOT

AND, YOU KNOW, THROUGH THE LEADERSHIP OF -- OF THE SPONSOR TO CURTAIL,

YOU KNOW, THESE UNEXPECTED COSTS THAT -- THAT CAN FALL ON PEOPLE AND

MAKE SURE THERE'S TRANSPARENCY, MAKE SURE WE PROTECT PEOPLE FOR --

FROM THOSE COSTS WHERE WE CAN, AS WELL, AND -- AND THAT'S A POSITIVE

THING, BUT -- BUT I WONDER IF THIS TYPE OF REQUIREMENT COULDN'T BE DONE

IN A MANNER THAT WILL ACCOMPLISH THAT GOAL WITHOUT BEING SUCH A -- A

RECURRING REGULAR REQUIREMENT ON -- ON THE PROVIDER THAT -- THAT MAY

PROVE TO BE BURDENSOME ON THEM. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, MR. RA.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON SENATE PRINT 2521-C. THIS IS A PARTY VOTE. ANY MEMBER

WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION

NYS ASSEMBLY MAY 18, 2022

IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS

PREVIOUSLY PROVIDED.

MR. RA.

MR. RA: THANK YOU, MR. SPEAKER. THIS IS A PARTY

VOTE. THE REPUBLICAN CONFERENCE WILL BE GENERALLY IN THE NEGATIVE ON

THIS PIECE OF LEGISLATION. THOSE WISHING TO VOTE IN THE AFFIRMATIVE CAN

CONTACT THE MINORITY LEADER'S OFFICE AT THE NUMBER PREVIOUSLY

PROVIDED. THANK YOU.

ACTING SPEAKER AUBRY: MS. SOLAGES.

MS. SOLAGES: I'D LIKE TO REMIND MY COLLEAGUES

THAT THIS IS A PARTY VOTE AND THAT THE MAJORITY MEMBERS WILL BE VOTING

IN THE AFFIRMATIVE. IF THERE'S ANY EXCEPTIONS, I ENCOURAGE THEM TO CALL

THE MAJORITY LEADER'S OFFICE AND WE WILL ANNOUNCE THEIR NAME

ACCORDINGLY.

ACTING SPEAKER AUBRY: SO NOTED, THANK YOU.

(THE CLERK RECORDED THE VOTE.)

MR. GOTTFRIED TO EXPLAIN HIS VOTE.

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

EXPLAIN MY VOTE. JUST A COUPLE OF POINTS. ONE IS THAT A QUESTION WAS

RAISED ABOUT THE REQUIREMENT THAT THE NOTICE BE IN THE TOP SIX LANGUAGES

IN THE HOSPITAL'S SERVICE AREA. THAT IS ACTUALLY ALREADY, AND HAS BEEN

FOR OVER, WELL OVER A DECADE, A REQUIREMENT FOR HOSPITALS TO PROVIDE

THEIR FORMS AND INFORMATION TO BE AVAILABLE IN -- IN THAT MANY

LANGUAGES ALREADY. SO THAT'S REALLY NOTHING NEW. AND AS FOR BURDEN,

YOU KNOW, THERE ARE 20 MILLION NEW YORKERS WHO FROM TIME TO TIME

NYS ASSEMBLY MAY 18, 2022

ARE PATIENTS. AND IF -- IF YOU GET A BILL, I'VE NEVER SEEN A BILL THAT

PLAINLY LABELS SOMETHING AS A FACILITY FEE SO IT'S HARD TO FIGURE OUT. IF

YOU THEN DISCOVER THAT OH, MY GOODNESS, MY INSURANCE ISN'T COVERING IT,

IT'S NOT PARTICULARLY CLEAR RIGHT AT THE OUTSET WHY YOUR INSURANCE IS NOT

COVERING IT. IF YOUR FAMILY IS LIKE MY FAMILY, YOU OFTEN SPEND A LOT

MORE TIME TRYING TO SORT OUT THE BILL AND DEALING WITH THE INSURANCE

COMPANY AND DEALING WITH THE HOSPITAL AND THEIR BILLING DEPARTMENT

THAN THE ACTUAL VISIT TOOK IN THE FIRST PLACE.

SO FOR 20 MILLION NEW YORKERS, I THINK A BILL LIKE THIS

HAS A LOT TO DO WITH EASING BOTH FINANCIAL BURDEN AND -- AND THE TIME IT

TAKES TO DEAL WITH THE BILLING THAT WE GET THESE DAYS, AND I AM PROUD TO

VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. GOTTFRIED IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 6, RULES REPORT NO. 170, THE CLERK WILL READ.

THE CLERK: SENATE NO. S02976-A, RULES REPORT

NO. 170, SENATOR HARCKHAM (BRAUNSTEIN, FERNANDEZ, GOTTFRIED,

CYMBROWITZ, JACOBSON, GRIFFIN, REILLY, J. M. GIGLIO, TAGUE, RA,

SEAWRIGHT, HEVESI--A00348-A). 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

NYS ASSEMBLY MAY 18, 2022

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.

MS. WALSH: EXPLANATION, PLEASE.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. BRAUNSTEIN.

WE'LL BE QUIETING DOWN AGAIN, PLEASE. DEBATE IS ON.

MEMBERS, HAVE YOUR SEATS.

MR. BRAUNSTEIN: THANK YOU, MR. SPEAKER. THIS

BILL WOULD REQUIRE INDIVIDUALS BEING RELEASED FROM AN OASAS FACILITY,

A CORRECTIONAL FACILITY, OR A HOSPITAL IN CERTAIN SITUATIONS TO BE PROVIDED

WITH EDUCATIONAL MATERIALS REGARDING OVERDOSES, AS WELL AS TWO DOSES

OF NALOXONE TO BRING HOME UPON DISCHARGE.

ACTING SPEAKER AUBRY: MS. WALSH.

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

SPONSOR YIELD FOR A FEW QUESTIONS?

ACTING SPEAKER AUBRY: MR. BRAUNSTEIN, WILL

YOU YIELD?

MR. BRAUNSTEIN: YES.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MS. WALSH: THANK YOU SO MUCH. SO JUST A COUPLE

NYS ASSEMBLY MAY 18, 2022

OF QUESTIONS ABOUT KIND OF HOW THIS BILL WORKS. THIS BILL, FROM WHAT I

CAN SEE STARTING AT AROUND PAGE 1, LINE 8 STATES THAT THE INDIVIDUAL

DISCHARGED SHALL BE PROVIDED WITH EDUCATIONAL MATERIALS AND SHALL BE

PROVIDED WITH THE TWO DOSES OF THE OPIOID ANTAGONIST. SO THIS IS NOT A

-- A MAY, THIS IS -- OR UPON REQUEST, THIS IS GOING TO -- THIS MUST BE

PROVIDED TO THE INDIVIDUALS THAT ARE SPECIFIED IN THE BILL; IS THAT

CORRECT?

MR. BRAUNSTEIN: YES. SO STUDIES HAVE SHOWN

THAT INDIVIDUALS WHO HAVE A SUBSTANCE ABUSE DISORDER AFTER A PERIOD OF

ABSTINENCES -- ABSTINENCE, ARE SIGNIFICANTLY MORE LIKELY TO EXPERIENCE

AN OVERDOSE. SO WHEN SOMEONE'S LEAVING TREATMENT, SOMEONE'S

LEAVING AN EMERGENCY ROOM, OR SOMEONE'S LEAVING PRISON AND THEY

HAVE A HISTORY OF SUBSTANCE ABUSE DISORDER, WE WANT TO GIVE THEM AN

OPOID ANTAGONIST TO TAKE HOME.

MS. WALSH: THAT'S REALLY -- IF THAT WAS THE -- AND

I'M THINKING ABOUT, YEAH, THAT -- THAT I'VE READ CASES ABOUT THAT, TOO,

WHERE -- SO EVEN IF YOU'VE BEEN SAY IN PRISON OR JAIL FOR A PERIOD OF

TIME AND YOU'VE BEEN ABLE TO COME OFF THE SUBSTANCE THAT YOU WERE

PREVIOUSLY ABUSING AND YOU -- AND YOU'VE RECEIVED DRUG TREATMENT

WHILE YOU'VE BEEN INCARCERATED OR JAIL, WHAT YOU'RE SAYING IS THAT UPON

LEAVING, YOUR CHANCES OF OVERDOSING ARE HEIGHTENED BECAUSE, EVEN

THOUGH YOU HAVE SUCCESSFULLY UNDERGONE TREATMENT OR HAVE COME OFF

OF THE SUBSTANCE WHILE YOU'VE BEEN IN JAIL OR IN PRISON; IS THAT RIGHT?

MR. BRAUNSTEIN: YEAH. I MEAN, I THINK I HAVE

THE STATISTICS IN THE BILL MEMO, AND I'LL JUST LOOK IT UP RIGHT NOW. JUST

NYS ASSEMBLY MAY 18, 2022

GIVE ME A SECOND.

MS. WALSH: SURE.

MR. BRAUNSTEIN: A RECENT STUDY IN NORTH

CAROLINA FOUND THAT IN THE FIRST TWO WEEKS AFTER BEING RELEASED FROM

PRISON, FORMER INMATES WERE 40 TIMES MORE LIKELY TO DIE OF AN OPIOID

OVERDOSE THAN SOMEONE IN THE GENERAL POPULATION.

MS. WALSH: DID YOU SAY 40?

MR. BRAUNSTEIN: YES.

MS. WALSH: NOT FOUR, WOW. OKAY. THAT'S SO

INTERESTING. NOW -- THAT -- BECAUSE THAT WAS REALLY DEFINITELY ONE OF

MY QUESTIONS AS FAR AS IF YOU HAD, YOU KNOW, AN INMATE THAT SOMEBODY

HAD BEEN IN OR CLEAN FOR, YOU KNOW, YEARS, WE KNOW THAT THERE'S A LOT OF

CONTRABAND IN PRISON, TOO, BUT I MEAN, WITH THE IDEA THAT WHEN THEY'RE

COMING OUT I WAS WONDERING WHETHER IT WOULD -- MADE MORE SENSE TO

HAVE THE PERSON REQUEST THE OPIOID ANTAGONIST UPON LEAVING RATHER THAN

JUST SAYING -- MANDATING THAT TWO DOSES MUST BE GIVEN TO EVERYBODY.

SO WHAT -- WHAT DO YOU THINK ABOUT THAT AS A MUST VERSUS A --

MR. BRAUNSTEIN: I THINK SOMEONE IN THAT

SITUATION MIGHT BE OPTIMISTIC AND HOPEFUL, AND THEY MIGHT AT THAT TIME

SAY, NO, NO, NO, I'VE GOT IT TOGETHER AND THIS ISN'T GOING TO HAPPEN, BUT

THERE'S ALWAYS THE CHANCE ONCE THEY GET OUT AND IT'S ACCESSIBLE AND

THEY'RE AROUND, YOU KNOW, INFLUENCES THAT THEY MAY REVERT BACK. AND

CONSIDERING THE FACT THAT THEY'RE SO MUCH MORE LIKELY TO EXPERIENCE AN

OVERDOSE, WE JUST WANT TO MAKE SURE THAT WE HAVE NALOXONE AVAILABLE

TO THEM IN THOSE SITUATION -- CIRCUMSTANCES.

NYS ASSEMBLY MAY 18, 2022

MS. WALSH: THANK YOU. WHAT -- WHAT IS THE

ESTIMATED COST OR FINANCIAL IMPACT ONCE THIS LEGISLATION IS PASSED?

MR. BRAUNSTEIN: WE, YOU KNOW, THE -- THE

MEMO SAYS TO BE DETERMINED, BUT WE -- WE DO KNOW THAT THE STATE,

THROUGH THE DEPARTMENT OF HEALTH AND OASAS HAS FUNDS AVAILABLE

SHOULD HOSPITALS OR LOCAL CORRECTIONAL FACILITIES REQUEST FUNDING FOR THIS

PROGRAM.

MS. WALSH: UNDER OUR CURRENT LAW RIGHT NOW, ARE

THESE OPIOID ANTAGONISTS PROVIDED OPTIONALLY AND THIS WOULD JUST MAKE

IT A MANDATORY THING, OR DO YOU KNOW WHAT THE CURRENT STATE OF

REGULATION IS AS FAR AS WHEN AN INDIVIDUAL IS LEAVING?

(PAUSE)

MR. BRAUNSTEIN: SO THROUGHOUT THE STATE, THERE'S

OPIOID PREVENTION PROGRAMS WHERE PEOPLE COULD GO AND GET TRAINING

AND GET NALOXONE. WE DON'T HAVE SPECIFICS ON WHETHER OR NOT THERE --

IN THESE CIRCUMSTANCES UPON DISCHARGE FROM THESE FACILITIES WHETHER OR

NOT SOMEONE IS OFFERED. WE IMAGINE, IN CERTAIN CIRCUMSTANCES, THEY

ARE, AND THAT PEOPLE COULD ALSO GO TO A PHARMACY. I BELIEVE THERE'S

NONPATIENT SPECIFIC PRESCRIPTIONS AVAILABLE WHERE THEY CAN PICK IT UP

UPON REQUEST.

MS. WALSH: VERY GOOD. AND THEN I JUST WANTED TO

ASK YOU FOLLOWING UP ON THE STUDY THAT YOU TALKED ABOUT WITH THE --

THAT THE INDIVIDUALS WERE 40 TIMES MORE LIKELY TO OVERDOSE THAN THE

GENERAL PUBLIC, BUT THEN THE QUESTION CAME TO MIND OF WHAT PERCENTAGE

OF RELEASED INMATES DO OVERDOSE UPON RELEASE; DO YOU HAPPEN TO KNOW

NYS ASSEMBLY MAY 18, 2022

THAT?

MR. BRAUNSTEIN: NO. I MEAN, I DON'T -- I DON'T

HAVE THAT INFORMATION BEFORE ME AND, YOU KNOW, I'M -- I'M SPEAKING

ANECDOTALLY HERE ABOUT WHAT I HEAR, BUT I THINK WHAT HAPPENS IS PEOPLE,

THEY'VE SPENT SIGNIFICANT TIME WITHOUT OPIOIDS AND UPON DISCHARGE,

THEY GO BACK TO THEIR OLD HABIT AND SOMETIMES THEY HAVEN'T DEVELOPED

A TOLERANCE FOR -- FOR THAT AND THEY GO BACK TO THEIR OLD DOSE OR OLD

AMOUNT --

MS. WALSH: YEAH.

MR. BRAUNSTEIN: -- AND THAT'S WHY THEY'RE MORE

LIKELY TO EXPERIENCE AN OVERDOSE. I MEAN, LIKE I SAY, I DON'T KNOW IF

THAT'S MEDICALLY FACTUAL, THAT'S JUST WHAT I HEAR ANECDOTALLY. SO THAT'S

WHY IN THESE CIRCUMSTANCES IT'S -- IT'S CRITICAL TO MAKE SURE THAT THESE

INDIVIDUALS HAVE ACCESS TO NALOXONE IN THE EVENT THAT THEY DO GO BACK

TO THEIR OLD HAVING A DOSE.

MS. WALSH: THANK YOU VERY MUCH.

MR. SPEAKER, ON THE BILL.

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

MS. WALSH: I FOUND THAT REALLY INTERESTING. I -- I

WASN'T AWARE THAT STUDY OR THAT STATISTIC, I MEAN, I THINK THAT I DON'T AT

ALL QUESTION THE VALUE OF PROVIDING OPIOID ANTAGONISTS TO INDIVIDUALS

WHO NEED THEM. I RECENTLY WENT THROUGH A NARCAN REFRESHER COURSE

WITHIN MY COMMUNITY JUST TO BE SURE THAT I -- I KNEW HOW TO

ADMINISTER IT IF -- IF NEED BE. AND I THINK THAT THERE IS -- THERE'S A LOT OF

TRUTH TO THAT, THAT IF WE -- IF WE CAN MAKE SURE THAT INDIVIDUALS HAVE

NYS ASSEMBLY MAY 18, 2022

VERY READY ACCESS TO OPIOID ANTAGONISTS, THERE'S NO QUESTION THAT IT WILL

SAVE LIVES.

BASED ON THE RESPONSES GIVEN BY THE SPONSOR, I -- I

WILL PLAN ON SUPPORTING THIS LEGISLATION, AND WE DID HAVE SOME NO

VOTES IN COMMITTEE, WHICH I WOULD WANT OUR MEMBERS TO BE AWARE OF,

BUT I WILL BE SUPPORTING IT. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU VERY

MUCH, MS. WALSH.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON SENATE PRINT 2976-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 7, RULES REPORT NO. 178, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A01880-A, RULES

REPORT NO. 178, DINOWITZ, OTIS, EPSTEIN, BURDICK, GLICK. AN ACT

RELATING TO REQUIRING HOME HEALTH AIDES AND NURSE'S AIDES TO RECEIVE

TRAINING IN WORKING WITH PATIENTS OF DIVERSE SEXUAL ORIENTATIONS AND

GENDER IDENTITIES OR EXPRESSIONS.

NYS ASSEMBLY MAY 18, 2022

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. DINOWITZ.

MR. DINOWITZ: THIS BILL WOULD REQUIRE THE

DEPARTMENT OF HEALTH AND THE STATE EDUCATION DEPARTMENT TO DEVELOP

A TRAINING PROGRAM FOR HOME HEALTH AIDES, NURSE'S AIDES, PERSONAL CARE

AIDES AND PERSONAL CARE STAFF WHEN WORKING WITH PATIENTS OF DIVERSE

SEXUAL ORIENTATIONS AND GENDER IDENTITIES AS PART OF THE EDUCATION AND

TRAINING FOR CERTIFICATION OF THESE AIDES.

ACTING SPEAKER AUBRY: MS. WALSH.

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

SPONSOR YIELD FOR A COUPLE OF QUESTIONS?

ACTING SPEAKER AUBRY: MR. DINOWITZ, WILL

YOU YIELD?

MR. DINOWITZ: YES.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MS. WALSH: THANK YOU VERY MUCH. SO JUST VERY

BRIEFLY, IS THERE -- IS THERE A SENSE OF HOW LONG OF A -- OF A UNIT THAT --

THAT THIS WOULD BE INVOLVED AS PART OF THE TRAINING FOR THESE

INDIVIDUALS?

MR. DINOWITZ: IT -- IT WOULD BE PART OF THE -- OF

THE LARGER TRAINING. I DON'T KNOW THAT IT'S A SPECIFIC NUMBER OF HOURS,

BUT I THINK THE OVERALL TRAINING FOR THEM IS I THINK 75 HOURS, IF I'M NOT

MISTAKEN. AND I'M USUALLY NOT. YES, SO IT'S PART OF THE 75-HOUR

TRAINING.

MS. WALSH: OKAY. AND SO I KNOW THAT, YOU KNOW,

NYS ASSEMBLY MAY 18, 2022

AS ATTORNEYS WE DO CONTINUING LEGAL EDUCATION AND I WOULD IMAGINE

THAT THERE IS SOME -- IS THERE ANY KIND OF LIKE A -- A CONTINUING

EDUCATION REQUIREMENT FOR THESE -- FOR THESE MEDICAL PROFESSIONALS?

MR. DINOWITZ: LET ME CHECK. THEY NEED -- YEAH.

LIKE US, LIKE US ATTORNEYS, THEY NEED TO HAVE 12 HOURS OF TRAINING EACH

YEAR.

MS. WALSH: OKAY. SO WITH THIS PARTICULAR UNIT ON

DIVERSITY TRAINING, WOULD THAT BE PART OF A RECERTIFICATION PROCESS OR A

CONTINUING EDUCATION PROCESS, IN ADDITION TO BEING PART OF THE INITIAL

CERTIFICATION REQUIREMENT?

MR. DINOWITZ: NOT NECESSARILY --

MS. WALSH: OKAY.

MR. DINOWITZ: -- BUT IT COULD BE. LIKE WHEN WE

DO OUR CONTINUING LEGAL EDUCATION, THERE IS -- THERE ARE VARIOUS TOPICS,

BUT WE DON'T GET TRAINED IN EVERY TOPIC EVERY YEAR.

MS. WALSH: RIGHT. RIGHT. OKAY. ALL RIGHT. SO IT

-- DO YOU HAPPEN TO KNOW IF THIS PARTICULAR KIND OF DIVERSITY TRAINING

TOPIC IS PART OF -- IS IT REQUIRED FOR ANY OTHER MEDICAL PROFESSIONALS?

MR. DINOWITZ: I -- I THINK THERE ARE OTHER TRAINING

FOR MEDICAL PROFESSIONALS IN THIS AREA, BUT NOTHING SPECIFICALLY FOR

PEOPLE WHO WORK, YOU KNOW, AT SOMEBODY'S HOME. SO FOR EXAMPLE,

AND I'LL GIVE YOU SOME EXAMPLES --

MS. WALSH: OKAY.

MR. DINOWITZ: THE NATIONAL LBGTQ HEALTH

EDUCATION CENTER HAS ESTABLISHED A WIDE RANGE OF EDUCATIONAL

NYS ASSEMBLY MAY 18, 2022

PROGRAMS WITH THE GOAL OF OPTIMIZING QUALITY, COST-EFFECTIVE HEALTH

CARE FOR LGBT INDIVIDUALS. THERE'S ALSO THE NURSE'S HEALTH EDUCATION

ABOUT LGBT ELDERS CURRICULUM, AND THOSE ARE JUST TWO EXAMPLES. BUT

THEY DON'T COVER THE PEOPLE THAT WOULD BE COVERED IN THIS BILL.

MS. WALSH: I SEE. OKAY. NOW, IS -- SO AS FAR AS

THE -- THE REASON FOR THE -- THE TRAINING, IS THERE A SENSE THAT INDIVIDUALS

WHO ARE LGBTQ+ HAVE DIFFERENT MEDICAL NEEDS, OR IS IT MORE OF A -- A

-- I DON'T WANT TO SAY A SENSITIVITY TRAINING, BUT IS IT MORE OF AN IDEA

THAT WE WANT INDIVIDUALS WORKING AT HOME WITH PATIENTS TO HAVE A -- A

BETTER WAY OF RESPONDING TO THESE TYPES OF ISSUES WITH -- WITH PATIENTS?

I MEAN, COULD YOU JUST TALK A LITTLE BIT ABOUT THE JUSTIFICATION FOR IT.

MR. DINOWITZ: I -- I THINK FROM BOTH THE -- THE

HEALTH AIDE PERSON AND THE PERSON WHO IS RECEIVING THE SERVICES, THERE

ARE REASONS TO DO THIS. YOU KNOW, DIFFERENT PEOPLE HAVE DIFFERENT

NEEDS. IT'S -- IT'S NOT ONLY MEDICAL NEEDS, IT MAY BE, YOU KNOW, LIKE

PSYCHOLOGICAL NEEDS OR -- OR JUST TO BE DEALT WITH IN AN APPROPRIATE

WAY. I MEAN, THERE ARE PEOPLE OCCASIONALLY WHO MAY DO THINGS

INAPPROPRIATELY, BUT I THINK MORE LIKELY WHAT WE MAY EXPERIENCE ARE

SOME PEOPLE WHO JUST DON'T DO ANYTHING OUT OF MALICE, BUT JUST DON'T

HANDLE THINGS THE WAY THEY PROBABLY NEED TO DO AND SO THIS WILL

HOPEFULLY HELP ALLEVIATE SITUATIONS LIKE THAT.

MS. WALSH: VERY GOOD. THANK YOU SO MUCH, MR.

DINOWITZ.

MR. DINOWITZ: OKAY.

MS. WALSH: MADAM SPEAKER, ON THE BILL.

NYS ASSEMBLY MAY 18, 2022

ACTING SPEAKER ROZIC: ON THE BILL.

MS. WALSH: SO I -- YOU KNOW, I THINK THAT WE'RE

SEEING IN MANY DIFFERENT INDUSTRIES WHETHER IT'S REAL ESTATE, OTHER --

OTHER MEDICAL PROFESSIONALS, ATTORNEYS, WE'RE ALL BEING ASKED TO RECEIVE

TRAINING ON THIS PARTICULAR TOPIC SO THAT WE CAN BECOME BETTER INFORMED

SO THAT OUR INTERACTIONS WITH OUR PATIENTS, OUR CLIENTS ARE RESPECTFUL

AND -- AND, YOU KNOW, TREAT THE INDIVIDUALS THAT WE'RE DEALING WITH

WITH THE COURTESY AND DIGNITY THAT EVERYONE IS ENTITLED TO.

SO I -- I HAVE NO OBJECTION WITH THE IDEA THAT WE

WOULD ADD A TRAINING UNIT ON THIS TOPIC FOR THESE MEDICAL PROFESSIONALS.

I GUESS THE ONLY THING THAT KIND OF CAME TO MIND A LITTLE BIT AS I WAS

TAKING A LOOK AT THE BILL WAS REALLY THE -- THE IDEA THAT WE ALREADY ARE

FACING AN INCREDIBLE SHORTAGE OF THESE PARTICULAR DIRECT CARE WORKERS.

THEY'RE ALREADY AND -- AND TO AN EXTENT KIND OF A BELEAGUERED GROUP

AND I JUST THINK THAT WE AS LEGISLATORS NEED TO BE SENSITIVE TO THE IDEA

THAT WE -- WE ARE FACING SUCH A SHORTAGE, I JUST WOULDN'T WANT AN

INCREASING BURDEN TO -- TO REDUCE THE NUMBER OF INDIVIDUALS THAT MIGHT

WANT TO DO THIS KIND OF WORK.

BUT I DO THINK WE UNDERSTAND THAT THIS TRAINING

PROGRAM WILL -- IS STILL TO BE DEVELOPED, BUT I'M ASSUMING THAT WITHIN

THE SCOPE OF 75 HOURS OF TRAINING PROCESS THIS IS NOT GOING TO REPRESENT

A -- A HUGE TIME DEMAND OR A HUGE ADDITIONAL BURDEN, AND I DO THINK IT

IS AN IMPORTANT TOPIC. SO I WILL BE SUPPORTING THIS BILL. I WOULD

ENCOURAGE MY COLLEAGUES TO DO THE SAME. THANK YOU VERY MUCH.

ACTING SPEAKER ROZIC: MR. GOODELL.

NYS ASSEMBLY MAY 18, 2022

MR. GOODELL: THANK YOU. WOULD THE -- WOULD

THE SPONSOR YIELD?

ACTING SPEAKER ROZIC: MR. DINOWITZ, WILL

YOU YIELD?

MR. DINOWITZ: YES, I WILL.

ACTING SPEAKER ROZIC: THE SPONSOR YIELDS.

MR. GOODELL: THANK YOU. WHAT IS THE REMEDY IF

A HEALTH CARE WORKER, A NURSE OR SOMETHING DOESN'T GO THROUGH THIS

TRAINING? ARE THEY GOING TO BE BANNED FROM WORKING?

MR. DINOWITZ: I DON'T -- I DON'T SEE THAT. IF THEY --

I MEAN, THEY NEED THE TRAINING TO BE CERTIFIED JUST LIKE -- LIKE YOU DO FOR

-- AS AN ATTORNEY.

MR. GOODELL: SO IF THEY DON'T COMPLETE THIS

TRAINING THEIR -- THEIR CERTIFICATION WOULD BE -- THEIR CERTIFICATION WOULD

NOT BE RENEWED AND THEY WOULDN'T BE ABLE TO WORK?

MR. DINOWITZ: WELL, KEEP IN MIND THEY ALREADY

HAVE TO HAVE TRAINING. THEY ALREADY HAVE THE 75 HOURS. THIS WOULD BE

A COMPONENT, A MODULE OF THOSE 75 HOURS. IT'S NOT LIKE WE'RE ADDING

ANY BURDEN TO THEM, IT'S NOT LIKE WE'RE ADDING ANY HOURS. THEY ARE

ALREADY REQUIRED TO BE TRAINED AND CERTIFIED JUST -- JUST LIKE YOU AND I.

MR. GOODELL: OKAY. SO THIS OBLIGATION THEN IS

REALLY DIRECTED NOT AT THE HEALTH CARE WORKERS IN TERMS OF DEVELOPING

THE PROGRAM OR ATTENDING, IT'S PART OF THEIR CERTIFICATION PROCESS; THAT'S

YOUR INTENT.

MR. DINOWITZ: YEAH.

NYS ASSEMBLY MAY 18, 2022

MR. GOODELL: OKAY. ONE OTHER ISSUE, ARE WE JUST

LEAVING IT UP TO THE DEPARTMENT OF EDUCATION TO FIGURE OUT WHAT SHOULD

BE IN THIS PROGRAM?

MR. DINOWITZ: I BELIEVE THE DEPARTMENT OF

HEALTH IS -- IT'S THE DEPARTMENT OF HEALTH IN CONSULTATION WITH THE --

ACTUALLY IT'S THE COMMISSIONER OF HEALTH IN CONSULTATION WITH THE

COMMISSIONER OF EDUCATION.

MR. GOODELL: OKAY. IS THERE A REASON WHY WE

DON'T INVOLVE THE HUMAN RIGHTS COMMISSION?

MR. DINOWITZ: WE ARE INVOLVING THE HEALTH

COMMISSIONER -- THE HEALTH COMMISSIONER.

MR. GOODELL: OKAY.

MR. DINOWITZ: WE DON'T WANT TO OVER -- HAVE

MANY COMMISSIONERS THAT KIND OF --

MR. GOODELL: OKAY.

MR. DINOWITZ: -- SPOIL THE BROTH.

MR. GOODELL: THANKS. THANK YOU, MR.

DINOWITZ.

ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: TO BE HONEST WITH YOU, I REALLY

DON'T KNOW WHY A PERSON'S SEXUAL ORIENTATION OR GENDER IDENTITY IS

RELATED TO THE QUALITY OF THEIR HEALTH CARE. I MEAN, I WOULD EXPECT

EVERYONE WHO IS SEEKING HEALTH CARE BE TREATED AS A -- WITH RESPECT AND

NYS ASSEMBLY MAY 18, 2022

DIGNITY THAT EVERY SINGLE PERSON SHOULD -- SHOULD OBTAIN. AND IT

SHOULDN'T MAKE ANY DIFFERENCE WHAT YOUR SEXUAL ORIENTATION IS OR WHAT

YOUR GENDER IDENTITY IS. AND -- AND THIS TRAINING STARTS FROM APPARENTLY

THE PRESUMPTION THAT HEALTH CARE STAFF IN SOME WAY MAKE A DIFFERENCE

IN HOW THEY TREAT YOU BASED ON WHAT YOUR PRIVATE, CONFIDENTIAL SEXUAL

ORIENTATION MIGHT BE, AND I THINK THAT PREMISE IS JUST WRONG. I DON'T

THINK NURSES OR HEALTH CARE FACILITIES OR DOCTORS OR ANYONE SAY, HEY,

WE'RE GOING TO TREAT THIS PERSON ONE WAY OR THE OTHER MANY BASED ON

WHETHER OR NOT THEY'RE TRANSSEXUAL, ASEXUAL, INTERSEXUAL, QUESTIONING,

QUEER OR ANYTHING ELSE. OR WHETHER THEIR LICENSE SAYS THEY'RE F, M, OR

X. I DON'T EVEN THINK THAT SHOULD ENTER THE DISCUSSION, TO BE HONEST

WITH YOU.

AND SO I DON'T UNDERSTAND THIS FASCINATION ABOUT

TEACHING EVERYBODY THAT THERE ARE NOW TEN OR 11 DIFFERENT

CLASSIFICATIONS ON SEXUAL ORIENTATION. I DON'T UNDERSTAND THAT

FASCINATION. I THINK WE SHOULD FOCUS ON EVERYONE PROVIDING HIGH

QUALITY CARE REGARDLESS AND NOT EVEN ASK PEOPLE, LOOK, ARE YOU

ATTRACTED TO MEN, WOMEN, BOTH, NEITHER? SOMETIMES? YOU DON'T

KNOW? IT DOESN'T -- IT'S NOT RELEVANT. IT'S JUST NOT RELEVANT. AND SO NOW

WE'RE SPENDING RESOURCES, AND I APPRECIATE THE SPONSOR'S COMMENT THAT

THIS IS PART OF THE TRAINING PROGRAM. SO NOW WE'RE TAKING TIME AWAY

FROM THE TRAINING PROGRAM THAT FOCUSES ON HEALTH CARE AND USING A

PORTION OF THAT TIME TO TALK ABOUT SEXUAL ORIENTATION. THE FOCUS SHOULD

BE ON HEALTH CARE, NOT ON SEXUAL ORIENTATION.

SO I -- I'M JUST NOT -- I'M JUST NOT THERE. I THINK THE

NYS ASSEMBLY MAY 18, 2022

FOCUS ON ALL OF OUR TRAINING SHOULD BE HOW DO WE PROVIDE THE HIGHEST

QUALITY OF CARE FOR OUR PATIENTS AND NOT INCLUDE TRAINING ON WHAT OUR

PATIENTS' SEXUAL ORIENTATION OR GENDER IDENTITY MIGHT BE. THANK YOU,

SIR.

ACTING SPEAKER AUBRY: MR. DINOWITZ.

MR. DINOWITZ: CURRENTLY, CURRENTLY THERE IS A

DEDICATED UNIT ON THE DIVERSITY OF RESIDENTS AND HOW DIVERSITY IMPACTS

BOTH CARE AND QUALITY OF LIFE. AND CENTRAL TO THIS UNIT IS DEVELOPING AN

AWARENESS OF AND RESPECT FOR DIVERSITY OF RACE, RELIGION, NATIONAL ORIGIN

AND SEXUAL ORIENTATION, AS WELL AS HOW FAMILIES DIFFER IN AGE, CUSTOMS,

FINANCE AND SEXUAL DIFFERENCES. IT'S -- IT'S NOT LIKE THIS IS BEING ADDED

IN A VACUUM. THERE ARE OTHER GROUPS OF PEOPLE THAT ARE -- ARE PART OF

THIS AND IT'S JUST AN EFFORT TO MAKE SURE THAT PEOPLE GET THE BEST POSSIBLE

CARE. SO I WOULD -- I WOULDN'T WORRY ABOUT IT, MR. GOODELL. THANK

YOU.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON ASSEMBLY PRINT 1880-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. GOODELL.

MR. GOODELL: THANK YOU, SIR. THIS IS A FAST ROLL

NYS ASSEMBLY MAY 18, 2022

CALL BOTH BECAUSE I SUSPECT THE MAJORITY OF MY MEMBERS WILL BE

SUPPORTIVE OF THE BILL. I WOULD POINT OUT THAT WE HAD SUBSTANTIAL

NEGATIVE VOTES IN ALL THE COMMITTEES THAT REVIEWED IT. FIVE OUT OF

SEVEN, FOR EXAMPLE, AND ABOUT FIVE OUT OF SEVEN IN WAYS AND MEANS

AND UNANIMOUS OPPOSITION IN RULES. AND I THINK THAT OPPOSITION IS

FOCUSED ON THE FACT THAT WE THINK - THOSE OF US WHO OPPOSE THIS - THAT

THE PRIMARY FOCUS OF TRAINING FOR OUR HEALTH CARE WORKERS SHOULD BE ON

PROVIDING HIGH QUALITY HEALTH CARE AND NOT WHETHER A PERSON IS AN

LGBTQQIPAS OR ANY OTHER SEXUAL ORIENTATION, OR WHETHER THEY'RE A

MALE, FEMALE, OR BINARY OR NONBINARY. IT'S HARD FOR ME TO KEEP UP.

SO FOR THOSE WHO OPPOSE IT, WE ALL SUPPORT THE IDEA OF

BEING SENSITIVE, BUT WE THINK OUR FIRST PRIORITY ON ALL TRAINING OUGHT TO

BE ON THE PATIENT CARE. AND THOSE WHO SUPPORT IT DO SO BECAUSE THEY

WANT TO MAKE SURE EVERYONE IS SENSITIVE TO THE DIFFERENT TYPES OF

PEOPLE THAT THEY MAY BE DEALING WITH. THANK YOU, SIR. I'LL BE VOTING

NO.

ACTING SPEAKER AUBRY: THANK YOU FOR

EXPLAINING YOUR VOTE, MR. GOODELL.

MR. GOODELL.

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

FOLLOWING COLLEAGUES -- PLEASE RECORD THE FOLLOWING COLLEAGUES IN THE

NEGATIVE: MR. BRABENEC, MR. KEITH BROWN, MR. FRIEND, MR. GALLAHAN.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

NYS ASSEMBLY MAY 18, 2022

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 7, RULES REPORT NO. 181, THE CLERK WILL READ.

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

SALE OF CERTAIN REAL PROPERTY.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MS. ROSENTHAL.

MS. ROSENTHAL: THIS BILL ADDS A QUESTION ON IF

THE PROPERTY FOR SALE HAS BEEN TESTED FOR INDOOR MOLD. IT ADDS IT TO THE

PROPERTY CONDITION DISCLOSURE STATEMENT REQUIRED AS PART OF THE SALE OF

RESIDENTIAL PROPERTY.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU. TO BE HONEST, I HAVE

NO -- SORRY. WOULD THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MS. ROSENTHAL, WILL

YOU YIELD?

AND I CANNOT HEAR. YOU FOLKS UNDER THE EAVE, YOU'RE

NOT -- IT DOESN'T HAVE A SOUNDPROOF CENTER SO YOU CAN EITHER TAKE IT

OUTSIDE THE CHAMBER, THERE'S HALLS OUT THERE, BUT YOU'RE GOING TO HAVE

TO KEEP QUIET. WE CAN'T HEAR THE DEBATERS.

MS. ROSENTHAL: THANK YOU. I WILL YIELD.

MR. GOODELL: THANK YOU, MS. ROSENTHAL.

ACTING SPEAKER AUBRY: MS. ROSENTHAL YIELDS.

NYS ASSEMBLY MAY 18, 2022

LET'S GET BACK TO THE BUSINESS.

MR. GOODELL: I WAS STARTING TO SAY NICE THINGS

ABOUT YOUR BILL WHEN I FORGOT I WASN'T FOLLOWING THE PROPER PROTOCOL.

MS. ROSENTHAL: YES. CAN YOU --

MR. GOODELL: I ACTUALLY DON'T HAVE A PROBLEM --

MS. ROSENTHAL: CAN YOU ALSO JUST SPEAK UP A

LITTLE, IT'S VERY ECHOEY TODAY FOR SOME REASON.

MR. GOODELL: YOU JUST WANT ME TO SAY IT TWICE

THAT I DIDN'T HAVE -- WAS SAYING NICE THINGS ABOUT YOUR BILL.

MS. ROSENTHAL: OH NO. NO, NO.

MR. GOODELL: I DON'T HAVE ANY PROBLEM WITH

REQUIRING A STATEMENT ASKING WHETHER THE PROPERTY THAT'S BEING SOLD HAS

BEEN TESTED FOR INDOOR MOLD, BUT THIS THEN GOES ON TO IMPOSE AN

AFFIRMATIVE REQUIREMENT IN ADDITION TO THAT DISCLOSURE THAT THE SELLER

ACTUALLY PROVIDE A COPY OF THE REPORT.

MS. ROSENTHAL: YES.

MR. GOODELL: WHAT HAPPENS IF THE SELLER DOESN'T

HAVE THAT REPORT?

MS. ROSENTHAL: I GUESS THE ATTORNEYS WOULD --

WOULD DISCUSS HAVING -- FIGURE THAT OUT.

MR. GOODELL: NOW, WHAT'S THE REMEDY IF A SELLER

JUST SIMPLY SKIPS THAT QUESTION?

MS. ROSENTHAL: I WOULD SUPPOSE THAT THE LAWYER

FOR EACH -- FOR THE BUYER AND SELLER WOULD -- WOULD FIGURE IT OUT. I

DON'T -- I DON'T BELIEVE THAT THERE IS ANY -- ANY -- ANY PENALTY IN THE LAW

NYS ASSEMBLY MAY 18, 2022

REGARDING SKIPPING A QUESTION.

MR. GOODELL: OKAY. SO THIS WOULDN'T TRIGGER THE

$500 CIVIL PENALTY THAT APPLIES IF YOU DON'T FILL OUT THE REPORT AT ALL?

MS. ROSENTHAL: I MEAN, I KNOW THAT SOMETIMES

HAPPENS AS THE PAYMENT OF $500 AND THEN BE DONE WITH IT. SO I

SUPPOSE THAT THAT COULD HAPPEN HERE, BUT IT -- IT DOESN'T PROVIDE

GUIDANCE TO THAT EFFECT. IT'S THE SAME AS, YOU KNOW, IF YOU DON'T ANSWER

ANY OF THE OTHER QUESTIONS. AS -- AND THERE ARE OTHER QUESTIONS ABOUT

TESTING, ET CETERA. SO IT WOULD BE THE SAME SITUATION.

MR. GOODELL: THANK YOU, MS. ROSENTHAL.

MS. ROSENTHAL: YOU'RE WELCOME.

MR. GOODELL: ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: FOR THOSE WHO DON'T PRACTICE REAL

ESTATE, JUST A LITTLE BACKGROUND. THERE'S A PROPERTY CONDITION DISCLOSURE

STATEMENT THAT MOST SELLERS FILL OUT. IT'S QUITE DETAILED, IT RUNS TYPICALLY

FOUR OR FIVE PAGES LONG WITH A WHOLE SERIES OF QUESTIONS THAT SAY YES,

NO, UNKNOWN. AND IT ASKS EVERYTHING. I MEAN, CONDITION OF THE ROOF,

WINDOWS, SIDING, I MEAN YOU NAME IT, IT'S THERE ON THAT FORM. NOW,

ANY SELLER CAN -- HAS THE ABSOLUTE RIGHT NOT TO FILL IT OUT AT ALL, AND IF YOU

DO, THERE'S A $500 CREDIT THAT'S GIVEN TO THE BUYER AT THE TIME OF CLOSING

IF THERE'S NO PROPERTY CONDITION DISCLOSURE REPORT. MOST LAWYERS NEVER

READ IT BECAUSE IT'S PART OF A MASSIVE CLOSING PACKAGE AND WE LEAVE IT

UP TO THE REAL ESTATE AGENT AND THE BUYER TO MAKE SURE THEY'VE READ IT.

NYS ASSEMBLY MAY 18, 2022

THIS BILL ADDS A QUESTION 19-A, OUT OF A FORM THAT

CONTAINS IT LOOKS LIKE 48 QUESTIONS, SO WE NOW ADD ONE MORE, ASK THEM

IF THERE'S BEEN A -- IF THE PROPERTY'S BEEN TESTED FOR MOLD. AND I THINK

THAT'S A RELEVANT QUESTION. THE PROBLEM IS THIS GOES ON TO SAY THAT IF SO,

ATTACH A COPY OF THE REPORT. AND HERE'S THE PROBLEM WITH IT. THE

PROPERTY MAY HAVE BEEN TESTED FOR MOLD, THERE MAY HAVE BEEN MOLD

AVAILABLE OR THAT SHOWS UP ON IT, AND IT MAY HAVE BEEN REMEDIATED, AND

IT MAY HAVE OCCURRED YEARS AGO. I MEAN, IT COULD HAVE BEEN FIVE YEARS,

TEN YEARS AGO. AND SO JUST ASKING WHETHER OR NOT IT'S BEEN TESTED AND

PROVIDE A COPY OF THE TEST REPORT ITSELF COULD BE EXTRAORDINARILY

MISLEADING IF THE TEST IS OLD OR IF THE PROPERTY HAS BEEN PROPERLY

REMEDIATED.

AND SO I WOULD -- I WOULD ACTUALLY VOTE IN FAVOR OF

THIS BILL BUT FOR THE REQUIREMENT THAT YOU HAVE TO PROVIDE A REPORT THAT

MAY HAVE BEEN DONE YEARS AGO AND THAT NOBODY HAS ANYMORE BECAUSE

THE PROPERTY HAS ALL BEEN REMEDIATED. AND SO I -- I HOPE THAT THIS BILL

COMES BACK AT SOME POINT IN THE FUTURE WITHOUT THAT REQUIREMENT AND

THEN IN THAT CASE, I WOULD CERTAINLY SUPPORT IT, BUT WITH THAT

REQUIREMENT IN, IT'S REALLY A TRAP AND IT'S MISLEADING AND IT'S INCOMPLETE.

AND SO FOR THAT REASON, I WOULDN'T SUPPORT THE CURRENT LANGUAGE.

THANK YOU, SIR. AND AGAIN, THANK YOU TO MS. ROSENTHAL FOR ANSWERING

THOSE QUESTIONS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH

DAY.

NYS ASSEMBLY MAY 18, 2022

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON ASSEMBLY PRINT 3714. 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 IN THE NEGATIVE. I NOTE OUR HOUSING

COMMITTEE WAS UNANIMOUSLY OPPOSED, BUT THOSE WHO SUPPORT IT ARE

CERTAINLY ENCOURAGED TO VOTE YES ON THE FLOOR OR BY CONTACTING THE

MINORITY LEADER'S OFFICE. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MS. SOLAGES.

MS. SOLAGES: THE MAJORITY MEMBERS WILL BE

VOTING IN THE AFFIRMATIVE. IF YOU WISH TO BE AN EXCEPTION, I ENCOURAGE

YOU TO CALL THE MAJORITY LEADER'S OFFICE AT THE NUMBER PREVIOUSLY

PROVIDED AND WE WILL ANNOUNCE YOUR NAME ACCORDINGLY.

ACTING SPEAKER AUBRY: THANK YOU.

(THE CLERK RECORDED THE VOTE.)

MS. ROSENTHAL TO EXPLAIN HER VOTE.

MS. ROSENTHAL: TO EXPLAIN MY VOTE. THIS BILL IS

PROPOSED FOR TRANSPARENCY REASONS WOULD -- WOULD REQUIRE THAT BEFORE

A SALE, THE SELLER ANSWER QUESTIONS ON THE PROPERTY CONDITION DISCLOSURE

STATEMENT, AND THEY WOULD HAVE TO ANSWER, IN ADDITION TO MANY OTHER

QUESTIONS, WHETHER THE PROPERTY HAS BEEN TESTED FOR MOLD. THE REASON

NYS ASSEMBLY MAY 18, 2022

THIS IS IMPORTANT IS THAT MOLD CAN AFFECT EVERYONE'S IMMUNE SYSTEM.

FOR SOME PEOPLE IT CAN CAUSE ASTHMA, ALLERGIC REACTIONS, DIFFICULTY

BREATHING, AND FOR OTHERS THERE CAN BE EVEN MORE DIRE CONSEQUENCES.

SO IN THE INTERESTS OF FULL DISCLOSURE AND TO GUIDE A BUYER ON THE

PROPERTY INFORMATION, THIS ADDS THAT REQUIREMENT AND I VOTE IN THE

AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: MS. ROSENTHAL IN THE

AFFIRMATIVE. THANK YOU.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 7, RULES REPORT NO. 183, THE CLERK WILL READ.

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: AN EXPLANATION IS

REQUESTED, MR. ABINANTI.

MR. ABINANTI: THANK YOU, MR. SPEAKER. THIS --

THIS BILL WOULD AMEND THE ELECTION LAW TO ADD A -- THE STATE OF

EMERGENCY AS AN ADDITIONAL FACTOR FOR THE DELAY OF AN ELECTION, AND

WOULD ELIMINATE THE CURRENT PROVISIONS WHICH ALLOW FOR A CANCELLATION

OF ELECTIONS IF A MINIMUM NUMBER OF PEOPLE DO NOT VOTE IN THE

ELECTION BECAUSE OF STATUTORY LISTED CONDITIONS. IT ALSO ADDS A PROVISION

THAT MAKES THIS STATUTE AS IT PRESENTLY EXISTS AND AS AMENDED TO APPLY

TO PARTY CAUCUSES.

NYS ASSEMBLY MAY 18, 2022

ACTING SPEAKER AUBRY: MR. NORRIS.

MR. NORRIS: THANK YOU, MR. SPEAKER. WILL THE

SPONSOR YIELD FOR A FEW QUESTIONS?

ACTING SPEAKER AUBRY: MR. ABINANTI, WILL

YOU YIELD?

MR. ABINANTI: YES, MR. SPEAKER.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS,

SIR.

MR. NORRIS: MR. ABINANTI, MY FIRST QUESTION IS

WHAT IS THE PURPOSE FOR THE CHANGE IN THIS PROPOSED LEGISLATION?

MR. ABINANTI: THE PURPOSE IS TO SET FORTH IN THE

STATUTE A CLEAR SCHEME IN CASE OF A DECLARATION OF A STATE OF EMERGENCY.

AS WE SAW A COUPLE OF YEARS AGO, THE CONTROL OF THE ELECTION WENT FROM

THE STATUTE TO THE GOVERNOR AND THERE WERE NO STANDARDS, AND THE

GOVERNOR SET NEW DATES WHEN THE LEGISLATURE HAD NOTHING TO DO WITH

IT. THIS IS AN ATTEMPT TO SET UP AN ORGANIZED PLAN SO EVERYBODY CAN --

CAN PLAN IN ADVANCE WHAT'S GOING TO HAPPEN WHEN THERE'S A STATE OF

EMERGENCY DECLARED.

MR. NORRIS: MR. ABINANTI, IN THAT CASE I RECALL --

DIDN'T THIS BODY PROVIDE THE GOVERNOR WITH THE AUTHORITY TO SUPERSEDE

ANY STATUTE DURING THAT PERIOD OF TIME?

MR. ABINANTI: I'M GOING TO LEAVE THAT

INTERPRETATION TO -- TO THE LAWYERS AT THE TIME THAT IT HAPPENS.

MR. NORRIS: BUT DIDN'T -- DIDN'T LAST TIME THE

GOVERNOR'S POWERS ALLOWED HIM TO SUSPEND ANY LAW DURING THE PERIOD

NYS ASSEMBLY MAY 18, 2022

OF EMERGENCY?

MR. ABINANTI: THE GOVERNOR ACTED AS HE SAW FIT.

HE DIDN'T ASK ME FOR AN OPINION AS TO WHAT HE COULD DO AND COULDN'T

DO. AND HISTORY IS HISTORY, WE'RE NOW TRYING TO GO FORWARD.

MR. NORRIS: OKAY. BUT, MR. ABINANTI, LET'S

ASSUME THAT THIS BECOMES LAW, THE GOVERNOR SIGNS THE BILL AND ANOTHER

SITUATION DEVELOPS WHERE WE HAVE TO GRANT EMERGENCY POWERS IN THAT

EVENT. COULD THEY SUSPEND THE NEW LAW UNDER THAT? THAT'S WHAT

HAPPENED LAST TIME.

MR. ABINANTI: I'M NOT GOING TO VENTURE AN

OPINION ON THAT. THIS LEGISLATION PURELY SETS FORTH A -- A SCHEME THAT

SHOULD BE FOLLOWED IF THERE IS A STATE OF EMERGENCY DECLARED.

MR. NORRIS: I GOT TO TELL YOU, I WAS NOT GOING TO

ASK THOSE QUESTIONS BEFORE UNTIL YOU BROUGHT IT UP, BUT ARE WE -- ARE WE

STILL IN A STATE OF EMERGENCY RIGHT NOW FOR COVID?

MR. ABINANTI: I WOULD HAVE TO RELY ON

INTERPRETATION BY THE ATTORNEY GENERAL AND -- AND COUNSEL FOR THAT. I

CAN'T GIVE YOU --

MR. NORRIS: OKAY. ALL RIGHT. SO I DO -- I DO THINK

THAT THE GOVERNOR HAS EXTENDED SOMETHING -- SOME DECLARATION I SAW

FOR A PERIOD OF TIME. WOULD -- WOULD THIS NEW LAW APPLY UNDER A

COVID SITUATION OR FOR A VIRUS SITUATION OR SIMILAR -- SIMILAR SITUATION

WITH A COMMUNICABLE DISEASE OUT THERE?

MR. ABINANTI: THIS -- THIS NEW LAW APPLIES WHERE

THE ABILITY OF THE VOTERS TO VOTE HAS BECOME OR WILL IMMINENTLY BECOME

NYS ASSEMBLY MAY 18, 2022

IMPOSSIBLE. AND WE'RE TRYING HERE TO SET FORTH A -- SOME STATUTORY

SCHEME TO USE THE PRESENT STATUTE THAT SAYS ELECTIONS CAN BE DELAYED FOR

20 DAYS. BUT THERE IS -- THAT'S IN THE STATUTE. SO I'M HOPEFUL THAT

PEOPLE WOULD FOLLOW THAT. ALSO, WE HAD A CIRCUMSTANCE IN MY TOWN OF

GREENBURGH WHERE BECAUSE OF A VERY SERIOUS STORM, ONE OF THE

CAUCUSES COULD NOT BE CONDUCTED AND WE NEEDED TO GET PERMISSION TO

MOVE THE CAUCUS ONE DAY. AND THERE WAS SERIOUS QUESTION AS TO HOW

THAT WOULD HAPPEN, IF THERE WAS STATUTORY AUTHORITY TO DO THAT. THIS --

THIS LAW MAKES IT VERY CLEAR THAT THIS -- THIS STATUTE APPLIES TO THE

CAUCUS SITUATION.

MR. NORRIS: ALL RIGHT. SO IS THAT THE REASON WHY

YOU BROUGHT THIS BILL FORWARD, THAT PARTICULAR INSTANCE?

MR. ABINANTI: THAT IS -- THAT IS ONE OF THE

MOTIVATING FACTORS, AND THEN WHEN WE LOOKED AT THE STATUTE WE SAW THAT

THERE ARE OTHER THINGS THAT HAD TO BE CLEARED UP. I MEAN, THE PRESENT

STATUTE, FOR EXAMPLE, ALLOWS FOR THE CANCELLATION OF ELECTION -- OF AN

ELECTION WHEN LESS THAN 25 PERCENT OF THE REGISTERED VOTERS SHOWED UP

AT A TIME WHEN THERE -- THERE WAS A POWER FAILURE, TORNADO, OR SOME

OTHER -- SOME OTHER TYPE OF -- OF MAJOR EVENT THAT WAS IN -- IT WAS

MAKING IT DIFFICULT FOR PEOPLE TO VOTE. MY PERSONAL VIEW, AND I THINK

WHAT WE'RE TRYING TO EXPRESS HERE, IS WE SHOULD NOT ACT RETROACTIVELY.

WE SHOULD NOT BE CANCELLING ELECTIONS THAT -- THAT TOOK PLACE WHEN 24

PERCENT OF THE PEOPLE SHOWED UP TO VOTE. WE'RE TRYING TO MAKE IT

TOTALLY PERSPECTIVE SO EVERYBODY UNDERSTANDS WHAT THEY'RE GOING INTO

AND NOT ALLOW SOME PUBLIC OFFICIAL OR SOME -- SOMEBODY AT THE BOARD

NYS ASSEMBLY MAY 18, 2022

OF ELECTIONS TO SAY, WELL, TOO FEW PEOPLE SHOWED UP, IT MUST HAVE BEEN

BECAUSE OF THE TORNADO OR BECAUSE OF THE EARTHQUAKE AND, THEREFORE,

WE'RE GOING TO CANCEL THAT ELECTION AND HAVE ANOTHER ONE. SO WE'VE

ELIMINATED THAT PROVISION.

MR. NORRIS: ALL RIGHT. SO YOU -- UNDER YOUR

PROPOSAL, YOU'VE GOT THE BOARD OF ELECTIONS TO MAKE A DETERMINATION,

RIGHT? COULD THEY -- WOULD THAT REQUIRE NOW A REPUBLICAN AND

DEMOCRAT TO AGREE?

MR. ABINANTI: WELL, THAT'S THE -- THIS IS THE

PRESENT STATUTE. WE HAVEN'T CHANGED THAT.

MR. NORRIS: OKAY, SO...

MR. ABINANTI: IN FACT, WE'VE ADDED THE STATE

BOARD OF ELECTIONS AS A PARTY TO THIS SO THAT THEY ARE INVOLVED AND IT'S

NOT JUST COUNTY BOARDS OF ELECTIONS THAT ARE INVOLVED.

MR. NORRIS: I SEE. AND UNDER THE CURRENT STATUTE IF

THERE WAS A FLOOD -- I'M SORRY, FIRE, EARTHQUAKE, TORNADO, EXPLOSION,

POWER FAILURE, ACT OF SABOTAGE, ENEMY ATTACK OR OTHER DISASTER WITH THE

25 PERCENT THEN, THEY'RE ALREADY IN POWER TO DO; IS THAT CORRECT?

MR. ABINANTI: YES. UNDER THE PRESENT STATUTE,

YES. THE -- ONE OF THE BOARDS OF ELECTIONS COULD SAY THAT SOME -- AND

FOR SOME REASON THAT -- THAT IMPACTED THE TURNOUT AND ONLY 24 PERCENT,

OR LESS THAN 25 PERCENT SHOWED UP AND, THEREFORE, THEY'RE GOING TO

CANCEL AND HAVE ANOTHER ONE.

MR. NORRIS: SO WHAT IF FIVE PEOPLE CAN'T SHOW UP?

MR. ABINANTI: I'M SORRY, SAY THAT AGAIN.

NYS ASSEMBLY MAY 18, 2022

MR. NORRIS: WHAT IF FIVE PEOPLE CAN'T SHOW UP

NOW?

MR. ABINANTI: WELL, NO, THIS IS A DETERMINATION

THAT WILL BE MADE IN ADVANCE SO EVERYBODY KNOWS, AND THAT THERE WILL

BE -- THIS STATUTE WOULD REQUIRE PUBLIC NOTICE OF THE NEW DATE OF THE

ELECTION. THAT WOULD REQUIRE, AS YOU POINTED OUT, BOTH THE DEMOCRAT

AND THE REPUBLICAN TO AFFIRMATIVELY ACT TO MOVE THE ELECTION DATE.

MR. NORRIS: WHEN WOULD THAT OCCUR? WHEN IS THE

LAST TIME THAT THE COMMISSIONERS CAN AGREE TO ALLOW FOR AN EXTRA DAY OF

VOTING?

MR. ABINANTI: I'M NOT FAMILIAR WITH THE HISTORY OF

THAT, BUT I DO KNOW IN THE PAST WE'VE HAD CIRCUMSTANCES WHERE

ELECTIONS HAVE BEEN MOVED.

MR. NORRIS: COULD IT BE AT 8:00 O'CLOCK ON

ELECTION DAY?

MR. ABINANTI: IT COULD BE AT ANY TIME IF --

DEPENDING WHEN THE -- WHEN IT -- WHEN IT OCCURS. I MEAN IF YOU RECALL,

ON 9/11 THAT WAS RIGHT AROUND ELECTION DAY, IT MIGHT HAVE BEEN THE DAY

BEFORE --

MR. NORRIS: I REMEMBER THAT.

MR. ABINANTI: -- THE DAY BEFORE THE PRIMARY, IF

I'M NOT MISTAKEN.

MR. NORRIS: I WAS A COMMISSIONER THAT DAY WHEN

THAT HAPPENED.

MR. ABINANTI: RIGHT.

NYS ASSEMBLY MAY 18, 2022

MR. NORRIS: AND THE -- AND THE GOVERNOR ACTED

SWIFTLY TO POSTPONE IT AND THE BODY CAME BACK AND SET A NEW DATE ON

THAT TERRIBLE DAY.

LET ME -- LET ME JUST GO BACK. SO NOW WE'RE GOING TO

AMEND THE STATUTE TO -- OR STATE OF EMERGENCY, THE ABILITY OF VOTERS TO

VOTE HAS BECOME OR WILL IMMINENTLY BECOME IMPOSSIBLE AND SUCH AN

IMPOSSIBILITY CANNOT BE MITIGATED DURING THE SCHEDULED COURSE OF

VOTING. THAT'S WHAT I'M TRYING TO FIGURE OUT, LIKE WHERE IS THE END LINE

ON THIS? COULD IT BE, YOU KNOW, A SNOWSTORM? COULD IT BE THE

CORONAVIRUS? COULD IT BE SOME OTHER EVENT? LIKE, WE'RE REALLY

MODIFYING THIS BROAD LANGUAGE TO INCLUDE ANY STATE OF EMERGENCY

WHICH COULD INCLUDE A LOCAL DECLARATION MAYBE FROM A COUNTY

EXECUTIVE OR LOCAL BOARD. I'M FINDING IT TO BE QUITE BROAD AND THAT'S

WHAT I'M TRYING TO ZERO IN ON HERE FOR LEGISLATIVE HISTORY.

MR. ABINANTI: I -- I THINK WHAT WE'RE TRYING TO DO

HERE IS -- IS PUT IN SOME KIND OF A STANDARD SO THAT THE BOARDS OF

ELECTIONS HAVE A STANDARD TO WORK FROM RATHER THAN JUST A GENERAL

DECLARATION THAT THESE CIRCUMSTANCES WOULD -- I MEAN, IF YOU LOOK AT

THE PRESENT STATUTE IT'S -- IT'S ALREADY VERY BROAD. BUT AS YOU POINTED

OUT, YOU NEED THE CONCURRENCE OF BOTH THE DEMOCRAT AND THE

REPUBLICAN AT THE BOARD OF ELECTIONS TO DO THIS, WHICH IS NOT ALWAYS A

-- A -- THEY'RE NOT KNOWN FOR AGREEING ON A LOT OF THINGS. SO IF -- IT

LOOKS TO ME LIKE THIS IS A PRETTY HIGH STANDARD THAT BOTH PARTIES HAVE TO

AGREE TO THIS. AND WE'RE TRYING TO PUT SOMETHING IN THE STATUTE SO THAT

PEOPLE KNOW IN ADVANCE WHEN THE ELECTION IS GOING TO BE.

NYS ASSEMBLY MAY 18, 2022

MR. NORRIS: OKAY. AND LET'S SAY ELECTION DAY,

HOW LONG FROM ELECTION DAY COULD THIS ADDITIONAL VOTING OCCUR?

MR. ABINANTI: WELL, THIS INDICATES THAT THE

LONGEST TIME PERIOD COULD BE 20 DAYS, SO WE KNOW THAT THERE WILL BE A

NEW ELECTION WITHIN 20 DAYS. I WOULD ASSUME THAT THE -- THE

COMMISSIONERS COULD AGREE TO DELAY IT ONE OR TWO DAYS, OR THEY COULD

ALLOW THE ELECTION TO BEGIN ON THE DAY THAT IT'S SCHEDULED FOR AND GIVEN

AN ADDITIONAL DAY SO THAT OTHERS COULD VOTE BECAUSE THEY WERE

PREVENTED FROM VOTING AS A RESULT OF THE STATE OF EMERGENCY OR ONE OF

THOSE OTHER FACTORS ALREADY IN THE STATUTE.

MR. NORRIS: I -- I SEE. BUT IT COULD BE UP TO 20

DAYS.

MR. ABINANTI: IT COULD BE UP TO, BUT PRESENT

STATUTE INDICATES THAT -- YES, IT INDICATES THAT IT COULD BE UP TO 20 DAYS.

AND WITH RESPECT TO A CAUCUS, IT CAN BE NO LONGER THAN ONE WEEK FROM

THE ORIGINALLY SCHEDULED PARTY CAUCUSES.

MR. NORRIS: I SEE. AND THEN CAN YOU JUST EXPLAIN

TO ME WHAT KIND OF NOTICE WILL BE PROVIDED TO THE VOTERS?

MR. ABINANTI: WELL, AGAIN, THIS -- THIS INDICATES

THAT IT HAS TO BE PUBLIC NOTICE TO ALL MEDIA OUTLETS AND TO THE COUNTY,

TOWN, CITY, AND VILLAGE CLERKS, AND THE MUNICIPAL ATTORNEYS NOT LESS

THAN WITH ONE WEEK PRECEDING THE DATE OF -- OF THE ADDITIONAL DAY OF

VOTING AND SHALL BE POSTED ON THE BOARDS -- BOARD OF ELECTIONS WEBSITE

AS SOON AS POSSIBLE.

MR. NORRIS: WHAT WILL HAPPEN TO THE VOTES THAT

NYS ASSEMBLY MAY 18, 2022

HAVE ALREADY BEEN CAST, IF ANY?

MR. ABINANTI: THEY WOULD BE COUNTED. THERE'S

NOTHING IN HERE THAT SAYS THAT THOSE VOTES WOULD NOT BE COUNTED.

MR. NORRIS: WOULD THEIR VOTES BE SEALED AND THE

MACHINES BE SEALED?

MR. ABINANTI: WELL, THE PRESENT LAW DEALS WITH

THAT, WE HAVEN'T CHANGED THAT. THERE IS SOME LANGUAGE IN HERE THAT

INDICATES THAT IN CERTAIN CIRCUMSTANCES IF ONE -- IF THERE ARE TWO

COUNTIES INVOLVED, LET'S SAY ONE COUNTY WAS ABLE TO VOTE AND THE OTHER

COUNTY WAS NOT, THAT THE -- THE VOTES FROM THE FIRST COUNTY WOULD BE

COUNTED. WE'RE NOT DEALING WITH THAT ISSUE. THAT MIGHT BE SOMETHING

WE'D WANT TO HAVE A CONVERSATION ABOUT IN THE FUTURE, BUT THIS DOESN'T

CHANGE THAT.

MR. NORRIS: DOES THIS APPLY TO PRIMARY AND

SPECIAL ELECTIONS, OR JUST GENERAL ELECTIONS?

MR. ABINANTI: WE'VE -- WE'VE ELIMINATED THE --

THE PARTS OF THIS STATUTE THAT MAKE IT APPLY ONLY TO GENERAL ELECTIONS AND

WE'VE BROADENED IT TO APPLY TO ALL ELECTIONS, INCLUDING SPECIAL AND THE

PRIMARY ELECTIONS.

MR. NORRIS: WOULD IT AFFECT ANY ABSENTEE BALLOT

TIMELINES?

MR. ABINANTI: IT DOES NOT AFFECT THE -- THE

ABSENTEE BALLOT TIMELINES.

MR. NORRIS: OKAY. SO LET'S JUST GO BACK ONE MORE

TIME. WE'RE REMOVING THE LESS THAN 20 PERCENT OUT, CORRECT?

NYS ASSEMBLY MAY 18, 2022

MR. ABINANTI: WE'RE ELIMINATING THE RETROACTIVE

PART OF THE STATUTE WHICH WOULD CANCEL VOTES THAT HAD BEEN CAST.

MR. NORRIS: I SEE. SO I -- I WANT TO JUST BE CLEAR.

SO LET'S SAY A CERTAIN NEIGHBORHOOD, FOR EXAMPLE, MAYBE THERE WAS A

FIRE OR SOMETHING AND THOSE -- THAT BLOCK COULDN'T VOTE. WHERE --

WHERE DOES IT STOP? LIKE, WHAT -- I MEAN, IS IT ONE PERSON, IS IT 100

PEOPLE, IS IT 1,000 PEOPLE?

MR. ABINANTI: WELL, I DON'T THINK WE'RE GETTING

INTO THAT. THE PRESENT STATUTE TALKS ABOUT 25 PERCENT OF THE REGISTERED

VOTERS. I MEAN, THAT COULD BE A NORMAL PRIMARY OR A NORMAL GENERAL

ELECTION. SO THE PRESENT STATUTE IS TROUBLESOME. WE KNOW TODAY THAT

GETTING A 25 PERCENT TURNOUT IS NOT UNUSUAL. SO THE --

MR. NORRIS: IN THE GENERAL?

MR. ABINANTI: -- PRESENT STATUTE. RIGHT. BUT THE

PRESENT STATUTE MIGHT ALLOW FOR SOMEONE TO -- TO SAY, WELL, THERE WAS

AN EARTHQUAKE OR A FIRE NEARBY AND, THEREFORE, WE SHOULD CANCEL THE

ELECTION BECAUSE NOT ENOUGH PEOPLE SHOWED UP. SO I BELIEVE THAT'S

UN-DEMOCRATIC SO THAT'S WHY WE'RE ELIMINATING THAT PROVISION. AS FAR

AS THE REST OF THE STANDARDS, IT'S THE SAME AS THEY ARE TODAY OTHER THAN

ADDING THE STATE OF EMERGENCY WHICH IS JUST A -- A LOGICAL THING TO DO

BECAUSE THAT GIVES YOU A -- A FIXED POINT. ANY ONE OF THESE OTHERS THAT

ARE PRESENTLY IN THERE ARE -- ARE REALLY A MATTER OF OPINION, YOU KNOW,

LIKE THE CONSEQUENCE OF A FIRE, EARTHQUAKE, TORNADO. I WOULD HOPE THAT

WHAT WOULD HAPPEN IN THE FUTURE IS WHEN YOU HAVE ONE OF THOSE OTHER

CIRCUMSTANCES, SOMEONE WOULD TURN TO THE COUNTY EXECUTIVE, THE

NYS ASSEMBLY MAY 18, 2022

MAYOR, OR THE GOVERNOR AND SAY MAKE IT CLEAR TO EVERYONE, DECLARE A

STATE OF EMERGENCY FOR THIS PURPOSE SO THAT YOU'RE TRIGGERING THE

STATUTORY SCHEME AND WE'RE NOT GOING TO BE LEFT TO THE WHIMS OF THE

BOARD OF ELECTIONS.

MR. NORRIS: SO A -- A COUNTY EXECUTIVE COULD

DECLARE A NATIONAL DISASTER, RIGHT, A DISASTER --

MR. ABINANTI: RIGHT.

MR. NORRIS: -- AND THEN THE BOARD OF ELECTIONS

COULD ACT AFTER THAT?

MR. ABINANTI: YES, THAT -- THAT'S CORRECT.

MR. NORRIS: ALL RIGHT. VERY GOOD.

MR. SPEAKER ON THE BILL, PLEASE.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. NORRIS: MR. ABINANTI, THANK YOU VERY MUCH

FOR ANSWERING MY QUESTIONS.

WHEN YOU LOOK AT THIS BILL, I DO HAVE CONCERNS ABOUT

REMOVING THE ACTUAL SET STATUTORY PERCENTAGE IN THERE, BECAUSE WE DON'T

KNOW EXACTLY WOULD IT BE AFFECTING HOW MANY PERCENTAGE, HOW MANY

PEOPLE, AND THIS LEGISLATURE MANY MOONS AGO MADE A DETERMINATION,

AND I KNOW SOMETIMES WE CHANGE THE STATUTE, BUT AS WE SAW DURING

COVID AND IT'S STILL ONGOING, THIS WILL GIVE VERY BROAD POWERS TO STATE

AND LOCAL LEADERS TO MAKE THESE DETERMINATIONS, AND THEY COULD BE FAR

TOO BROAD, AS WE SAW DURING COVID-19 AT TIMES WITH THE EXECUTIVE

AUTHORITY THAT WAS OVERREACHED. I WAS NOT GOING TO BRING THAT

PARTICULAR POINT UP UNTIL MR. ABINANTI DID, BUT I DO HAVE CONCERNS

NYS ASSEMBLY MAY 18, 2022

BECAUSE DURING THAT PERIOD OF TIME, THE GOVERNOR WOULD OVERRIDE A

STATUTE AND DO WHAT HE WANTED TO DO ANYWAYS DURING THAT PERIOD OF

TIME BY HIS EXECUTIVE ORDER. AND SO I DO HAVE CONCERNS BY PUTTING

THAT POWER, WHICH WOULD BE IN THIS NEW LANGUAGE FROM A STATE OF

EMERGENCY FROM A LOCAL AND GOVERNMENTAL OFFICIAL, CODIFIED RIGHT IN

THE STATUTE THAT THEY COULD DO IT AT ANY TIME ABSENT THE LEGISLATURE

DOING ANY TYPES OF ACTIVITY TO THE CONTRARY.

SO I HAVE CONCERNS ABOUT THAT. I BELIEVE THIS IS WAY

TOO BROAD. WE ALREADY HAVE A STATUTORY FRAMEWORK IN PLACE THAT A

BIPARTISAN BOARD OF ELECTIONS COULD DELAY AN ELECTION IF NEEDED BASED

UPON CIRCUMSTANCES IN THEIR JURISDICTION OR NOT. AND SO FOR THOSE

REASONS, MR. SPEAKER, I WILL BE VOTING IN THE NEGATIVE AND I ENCOURAGE

MY COLLEAGUES TO DO THE SAME. AGAIN, I WANT TO THANK YOU FOR THE

OPPORTUNITY TO BE HEARD, AND THANK YOU TO MR. ABINANTI FOR ANSWERING

MY QUESTIONS.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. GOODELL.

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

THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MR. ABINANTI, WILL

YOU YIELD?

MR. ABINANTI: YES, MR. SPEAKER.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. GOODELL: THANK YOU, MR. ABINANTI. I THINK I

HAVE A COUPLE OF QUESTIONS THAT WERE MISSED BY MY COLLEAGUE,

NYS ASSEMBLY MAY 18, 2022

ALTHOUGH IT'S HARD TO TELL BECAUSE HE'S SO THOROUGH. BUT I'M CORRECT,

RIGHT, THAT THIS COULD BE TRIGGERED BY A LOCAL DECLARATION OF A STATE OF

EMERGENCY? FOR EXAMPLE, A FLOOD, FOR EXAMPLE, OR A TORNADO OR -- OR A

SUPERSTORM OR SOMETHING LIKE THAT, CORRECT?

MR. ABINANTI: IT COULD BE TRIGGERED BY A LOCAL

STATE OF EMERGENCY, BUT THE PRESENT STATUTE GAVE THE BOARD OF ELECTIONS

THE POWER TO DO THIS ANYWAY. SO WHAT WE'RE DOING IS INVOLVING AN

ELECTED OFFICIAL WHO CAN ALSO TRIGGER THE COUNTY BOARD OF ELECTIONS.

BUT THIS DOESN'T OVERRIDE THE COUNTY BOARD OF ELECTIONS'

DETERMINATION, IT JUST GIVES THEM AN ADDITIONAL BASIS ON WHICH TO MAKE

THEIR DETERMINATION.

MR. GOODELL: AND AS I THINK YOU MENTIONED, THE

ELECTION WOULD THEN BE RESCHEDULED UP TO 20 DAYS LATER WITH A FEW

EXCEPTIONS, CORRECT?

MR. ABINANTI: THE BOARD OF ELECTIONS UNDER THE

PRESENT LAW HAS THE POWER TO EXTEND THE DATE OF THE ELECTION, EITHER

CONTINUE IT OR MOVE IT NO MORE THAN 20 DAYS. WE DON'T CHANGE THAT

SECTION OF THE LAW.

MR. GOODELL: AND I'M CORRECT, RIGHT, THAT IT

WOULD ONLY AFFECT THE ELECTION IN THE AREA THAT -- WHERE THE STATE OF

EMERGENCY WAS DECLARED, RIGHT?

MR. ABINANTI: IT DEPENDS ON WHICH BOARD OF

ELECTIONS ACTS. SO IF IT'S THE COUNTY BOARD OF ELECTIONS, THEY WOULD

DETERMINE, JUST LIKE THE PRESENT STATUTE PROVIDES, HOW FAR THAT

DETERMINATION GOES, HOW FAR THEY'RE -- THEY HAVE TO DECLARE -- I -- I

NYS ASSEMBLY MAY 18, 2022

SUPPOSE THAT A BOARD OF ELECTIONS, A COUNTY BOARD OF ELECTIONS COULD

DETERMINE THAT BECAUSE OF A SPECIFIC PROBLEM IN A PARTICULAR AREA,

THEY'RE GOING TO GIVE THAT AREA ADDITIONAL DAYS TO VOTE WHILE THE REST OF

THE COUNTY WAS NOT AFFECTED AND, THEREFORE, WOULD VOTE ON ELECTION

DAY OR THEY COULD JUST DO THE WHOLE COUNTY. WE LEAVE THAT TO THE

BOARD OF ELECTIONS. THAT'S THE POWER THEY HAVE TODAY, AND THAT'S THE

POWER WE -- WE DON'T TOUCH THAT.

MR. GOODELL: SO A JUST COUPLE OF SCENARIOS, JUST

TO MAKE SURE WE'RE ALL CLEAR. SO IF, FOR EXAMPLE, WE HAVE A STATEWIDE

ELECTION FOR A GOVERNOR, OR A PRIMARY, LET'S SAY WE HAVE A PRIMARY FOR

GOVERNOR, AND WE HAVE A CHANGE IN THE CANDIDATES SAY AT THE LAST

MINUTE IN LATE MAY DUE TO UNFORESEEN CIRCUMSTANCES. AND ON THE

PRIMARY DAY THERE IS A TORNADO IN A SMALL CITY UPSTATE. AM I CORRECT

THAT UNDER THIS BILL THE BOARD OF ELECTIONS IN THAT COUNTY COULD DECLARE

AN EMERGENCY, SET A NEW PRIMARY DATE 20 DAYS LATER, AND WE WOULD

HOLD THE ENTIRE DEMOCRAT OR REPUBLICAN PRIMARY RESULTS OPEN FOR

ANOTHER 20 DAYS?

MR. ABINANTI: YOU'RE HIGHLIGHTING A -- A VERY

IMPORTANT ISSUE, BUT THAT'S THE PRESENT LAW. WE'RE NOT CHANGING THAT AT

ALL. IT'S SOMETHING WE PROBABLY SHOULD HAVE --

MR. GOODELL: BUT THE PRESENT LAW IS BASED ON

LESS THAN 25 PERCENT IN THE STATEWIDE ELECTION, RIGHT?

MR. ABINANTI: NO. THE PRESENT LAW SAYS LESS

THAN 25 PERCENT OF THE REGISTERED VOTERS OF ANY CITY, TOWN OR VILLAGE, OR

THE CITY OF NEW YORK OR ANY COUNTY THEREIN. SO IT DOESN'T SAY -- IT

NYS ASSEMBLY MAY 18, 2022

DOESN'T TIE THE CITY TO THE SCOPE OF THE ELECTION. AND THAT IS A DEFECT IN

THE PRESENT LAW AND YOU'RE CORRECT TO POINT THAT OUT. IT DOES NOT SAY

THAT THE CITY WHERE THERE WAS A -- LET'S SAY A CITY OR A TOWN OR A VILLAGE

IS THE -- IS THE ONLY PLACE WHERE THERE'S THE ELECTION.

MR. GOODELL: SO THE --

MR. ABINANTI: SO WHAT THE CIRCUMSTANCE --

MR. GOODELL: -- A PART OF THE QUESTION JUST IN

HISTORIC PERSPECTIVE, HAS A STATEWIDE ELECTION OR A STATE SENATE

ELECTION OR A STATE ASSEMBLY ELECTION EVER BEEN DELAYED UNDER THE

CURRENT LAW TO YOUR KNOWLEDGE?

MR. ABINANTI: WELL, I BELIEVE THE NEW YORK CITY

PRIMARY, AND IT MAY HAVE BEEN THE STATEWIDE PRIMARY IN 9/11. I DON'T

RECALL --

MR. GOODELL: BUT THAT WAS BY EXECUTIVE ACTION,

RIGHT?

MR. ABINANTI: THAT WAS DONE BY EXECUTIVE

ACTION, YEAH.

MR. GOODELL: BUT I MEAN, UNDER THE CURRENT LAW

THAT'S THE 25 PERCENT THRESHOLD PROVISION.

MR. ABINANTI: I -- I KNOW OF NO CIRCUMSTANCE

WHERE THAT WAS USED.

MR. GOODELL: OKAY. OKAY. NOW, AS YOU KNOW,

WE PASS LEGISLATION REQUIRING ABSENTEE BALLOTS TO BE COUNTED SOONER,

YOU KNOW, SO THAT THE RESULTS ARE AVAILABLE ON A -- THE NORMAL ELECTION

DAY, CORRECT?

NYS ASSEMBLY MAY 18, 2022

MR. ABINANTI: THEY WOULD BE AVAILABLE

ACCORDING TO THE STATUTORY SCHEME ON WHAT DAY THEY WOULD BE OPENED

AND COUNTED, ET CETERA, BUT --

MR. GOODELL: THIS WOULD NOT --

MR. ABINANTI: -- IN GENERAL, THE ANSWER TO YOUR

QUESTION IS YES.

MR. GOODELL: THIS WOULD NOT AFFECT THAT, RIGHT?

MR. ABINANTI: THIS WOULD NOT AFFECT THAT.

MR. GOODELL: AND SO YOU'RE TELLING ME THAT WE

WOULD KNOW THE RESULTS OF ALL THE ABSENTEE BALLOTS BEFORE THE ELECTION

IS COMPLETED BECAUSE THE ELECTION HAS BEEN EXTENDED 20 DAYS BECAUSE

THERE IS A FLOOD, FOR EXAMPLE, IN ONE OF THE CITIES?

MR. ABINANTI: I BELIEVE THE DATE OF OPENING OF THE

ABSENTEE BALLOTS IS TIED TO THE DATE OF THE ELECTION. IF THERE IS A NEED TO

CHANGE THAT, WE WILL GO BACK AND LOOK AT THAT, BUT I BELIEVE THAT THE --

THE ABSENTEE BALLOTS ARE NOT GIVEN A SPECIFIC DATE, THEY'RE TIED TO A -- A

CERTAIN NUMBER OF DAYS BEFORE AND AFTER THE ELECTION. AND SINCE YOU'RE

MOVING THE ELECTION DATE ACCORDING TO ANY ONE OF THESE PROVISIONS, THE

ABSENTEE BALLOTS WOULD BE TREATED WITH RESPECT TO THE NEW DATE, NOT

WITH RESPECT TO THE OLD DATE.

MR. GOODELL: I SEE. THANK YOU.

ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: I -- I APPRECIATE MY COLLEAGUE'S

NYS ASSEMBLY MAY 18, 2022

DESIRE TO ENSURE EVERYONE VOTES. AND THAT'S ONE REASON WHY WE HAVE

NOW EXPANDED ABSENTEE BALLOTING AND WE'VE CERTAINLY EXPANDED EARLY

VOTING. YOU CAN VOTE AT ANY TIME FOR TWO WEEKS. I'M REALLY CONCERNED

THAT WE OPEN THE DOOR ON THE SETTING THAT SAYS IF ANY PART OF THE STATE

HAS A LOCAL EMERGENCY, WE MIGHT DELAY A STATEWIDE RESULT. I MEAN, SO

WE DECLARE A SNOW EMERGENCY IN A SMALL CITY IN UPSTATE WITH LAKE

EFFECT SNOW WHILE WE HOLD THE -- WE HOLD THE GOVERNOR'S RACE OPEN FOR

-- FOR 20 DAYS? I MEAN, WE REALLY CAN'T GO THAT WAY. AND IN MY

COUNTY, WE HAVE LAKE EFFECT SNOW AND SO IT'S NOT UNUSUAL AT ALL FOR THE

NORTHERN PART OF MY COUNTY TO BE ABSOLUTELY HAMMERED WITH LAKE EFFECT

SNOW AND THE ROADS BE BARE IN THE SOUTH PART OF THE COUNTY. AND WE

KNOW THAT. WE LIVE THERE. WE GREW UP THERE. WE -- WE DEAL WITH IT.

BUT WHAT THIS SAYS IS IN THAT SITUATION, A MUNICIPALITY, A SMALL

MUNICIPALITY IN THE NORTH END OF THE COUNTY COULD DELAY ELECTION RESULTS

FOR 20 DAYS.

THE CURRENTS LAW PROVIDES TWO SAFEGUARDS. THE TWO

SAFEGUARDS ARE, NUMBER ONE, THE GOVERNOR HAS EXECUTIVE AUTHORITY IN

THE EVENT OF AN EMERGENCY AND, AS WE'VE SEEN, HE FREELY EXERCISES IT

WHETHER IT'S 9/11 OR COVID-19 OR WHATEVER. SO THAT'S ONE SAFETY

VALVE. AND THE SECOND ONE IS BUILT IN THE CURRENT STATUTE AND SAYS,

LOOK, IF LESS THAN 25 PERCENT OF THE PEOPLE CAN ARRIVE, WE GET AN

EXTENSION. THE CURRENT SAFEGUARDS ARE ADEQUATE. THIS PROPOSAL OPENS

THE DOOR FOR A LOCAL EMERGENCY TO DISRUPT STATEWIDE CONGRESSIONAL,

SENATE AND EVERY OTHER RACE FOR UP TO 20 DAYS. AND THE PROBLEM WITH

THAT IS WHEN YOUR ABSENTEE BALLOTS ARE BEING COUNTED, ALL OF A SUDDEN

NYS ASSEMBLY MAY 18, 2022

YOU MAY FIND THAT A LOCAL ELECTION WILL DECIDE THE SENATE RACE OR AN

ASSEMBLY RACE OR A COUNTY EXECUTIVE RACE, AND IT JUST OPENS THE DOOR

FOR REAL PROBLEMS. AND FOR THAT REASON, I WILL JOIN MY COLLEAGUES IN

OPPOSING THIS. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MR. LAWLER.

MR. LAWLER: THANK YOU. WILL THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MR. ABINANTI, WILL

YOU YIELD?

MR. ABINANTI: YES, MR. SPEAKER, I WILL.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. LAWLER: THANK YOU. SO I'M NOT CLEAR, WHAT

-- WHAT PROBLEM ARE WE IN SEARCH OF A SOLUTION FOR?

MR. ABINANTI: ALL RIGHT. FIRST OF ALL, WHAT WE'RE

TRYING TO DO IS ALLOW FOR A CHANGE OF CAUCUS DATE IF THERE IS AN

EMERGENCY IN A -- IN A PARTICULAR LOCATION, WHETHER IT'S A SNOWSTORM OR

WHATEVER. THE PRESENT STATUTE SETS FORTH A SERIES OF TRIGGERS TO ALLOW

THE BOARD OF ELECTIONS TO DELAY OR EXTEND A REGULAR GENERAL ELECTION. IT

DOES NOT DEAL WITH A CAUCUS CIRCUMSTANCE. AND AS WE KNOW

THROUGHOUT THE STATE, INSTEAD OF PRIMARIES, MANY PARTIES USE A CAUCUS.

WE JUST RECENTLY IN THE VILLAGE OF HASTINGS NOMINATED CANDIDATES, 460

PEOPLE VOTED FOR ONE CANDIDATE AND 120 VOTED FOR ANOTHER CANDIDATE,

SO THAT'S 580 PEOPLE SHOWED UP AND STOOD IN LINE OUTSIDE OF A

COMMUNITY CENTER WEARING MASKS DURING THE COVID TIME. AND WENT

IN A FEW AT A TIME. IF THERE HAD BEEN A SNOWSTORM OR SOME OTHER

NYS ASSEMBLY MAY 18, 2022

PROBLEM THAT'S ALREADY ENUMERATED IN THE STATUTE, THAT -- THOSE PEOPLE

WOULDN'T -- WOULD NOT HAVE BEEN ABLE TO VOTE AND THERE WOULD HAVE

BEEN NO CAUCUS AND THERE WOULD HAVE BEEN NO CANDIDATES.

MR. LAWLER: HAVEN'T WE ALLOWED DURING COVID

POLITICAL PARTIES TO ENGAGE IN TELEMEETINGS TO CONDUCT THEIR BUSINESS?

MR. ABINANTI: ON CERTAIN CIRCUMSTANCES WE DID,

BUT THIS YEAR THE TELE PROCESS DID NOT APPLY TO CAUCUSES. AND AS I SAID,

ACTUALLY THE VILLAGE CAUCUS IN -- IN QUESTION HERE WAS IN TWO PARTS. THE

FIRST PART WAS WHEN THE CANDIDATES WERE NOMINATED AND PRESENTED TO

THE PUBLIC, THAT WAS DONE ON ZOOM, BUT THE VOTE WAS DONE IN PERSON

BECAUSE THE PRESENT STATUTE DOES NOT ALLOW FOR PEOPLE TO VOTE ON ZOOM

TO SELECT A CANDIDATE.

MR. LAWLER: BUT PEOPLE WERE ALLOWED TO HAVE

CONVENTIONS AT WHICH TIME TO NOMINATE CANDIDATES VIA ZOOM, WERE

THEY NOT?

MR. ABINANTI: THE CONVENTIONS THAT WERE

CONDUCTED RECENTLY WERE TO INDICATE THE PARTY CHOICE, NOT TO NOMINATE.

MR. LAWLER: SO WHY -- WHY DON'T WE --

MR. ABINANTI: THE STATE CAN --

MR. LAWLER: SO WHY WOULDN'T WE JUST PUT A BILL

FORWARD, SINCE THE PROBLEM YOU SEEM TO BE IDENTIFYING IS VERY SPECIFIC

TO CAUCUSES, WHY WOULDN'T WE JUST PUT A BILL FORWARD THAT SAYS IN A

STATE OF EMERGENCY, POLITICAL CAUCUSES CAN BE CONDUCTED VIA A

TELEMEETING IN ADDITION TO AN IN PERSON IF SOMEBODY WANTS TO GO IN

PERSON AND VOTE.

NYS ASSEMBLY MAY 18, 2022

MR. ABINANTI: THAT'S A VERY INTERESTING PROPOSAL,

BUT THAT'S NOT THE PROPOSAL BEFORE US. I BELIEVE THAT PEOPLE SHOULD BE

ABLE TO VOTE IN PERSON, AND WE PRESENTLY HAVE IN THE STATUTE A VERY

SIMPLE SCHEME SAYING THAT THE BOARD OF ELECTIONS CAN DELAY FOR UP TO

20 DAYS A GENERAL ELECTION UNDER THESE CIRCUMSTANCES. ALL THIS BILL IS

DOING IS ADDING AN ADDITIONAL CIRCUMSTANCE, WHICH IS STATE OF

EMERGENCY, AND IT'S APPLYING THE BILL TO -- AND IT'S APPLYING THE BILL TO --

TO CAUCUSES AS WELL. AND IT'S CERTAINLY DOING AWAY WITH WHAT I BELIEVE

TO BE A VERY UN-DEMOCRATIC PROCESS OF ALLOWING SOMEONE TO CANCEL AN

ELECTION BECAUSE NOT ENOUGH PEOPLE SHOWED UP.

MR. LAWLER: SO IN TERMS OF THE EXAMPLE THAT YOU

HIGHLIGHTED IN THE VILLAGE OF HASTINGS, CORRECT?

MR. ABINANTI: YES.

MR. LAWLER: WHAT WAS THE PERCENTAGE OF PEOPLE

WHO SHOWED UP IN THAT -- FOR THAT CAUCUS?

MR. ABINANTI: OH, IT'S A MINIMAL NUMBER. IN -- IN

LOCAL, VILLAGE -- AND LIKE I SAID, THIS LAST TIME AROUND THERE WERE 580

PEOPLE THAT SHOWED UP.

MR. LAWLER: RIGHT. HOW MANY PEOPLE ARE

REGISTERED IN THE VILLAGE?

MR. ABINANTI: OH, PROBABLY SOMEWHERE IN THE

NEIGHBORHOOD OF 3- OR 4,000. SO VILLAGE CAUCUSES USUALLY DON'T ATTRACT

A LOT OF PEOPLE.

MR. LAWLER: RIGHT.

MR. ABINANTI: SO WE WOULD NOT WANT THIS CAUCUS

NYS ASSEMBLY MAY 18, 2022

TO BE CANCELLED BECAUSE MORE THAN 25 PERCENT DID NOT SHOW UP.

MR. LAWLER: DO YOU HAVE ANY EXAMPLE OF AN

ELECTION THAT WAS CANCELLED BECAUSE LESS THAN 25 PERCENT OF PEOPLE

SHOWED UP?

MR. ABINANTI: I DO NOT, BUT FORTUNATELY NOBODY

HAS USED THIS PROVISION THAT I KNOW OF, THERE MAY BE SOME OUT THERE.

MR. LAWLER: DO YOU EXPECT ANYBODY TO USE THIS

PROVISION?

MR. ABINANTI: I WOULD HOPE NOT, BUT I WANT TO

MAKE SURE THAT THEY CAN'T.

MR. LAWLER: IN -- IN NEW YORK CITY IN 2021 IN

THE MAYORAL ELECTION, DO YOU WHAT THE VOTER TURNOUT WAS?

MR. ABINANTI: I DO NOT KNOW.

MR. LAWLER: IT WAS 23 PERCENT. OBVIOUSLY THE

NEW YORK CITY MAYOR'S RACE WAS NOT CANCELLED, ALTHOUGH I'M SURE

SOME FOLKS IN THIS CHAMBER PROBABLY WISH IT WAS GIVEN THE OUTCOME,

BUT...

MR. ABINANTI: THE BOARD OF ELECTIONS DID NOT IN

THAT CIRCUMSTANCE FIND THAT THERE WAS ONE OF THESE NATURAL DISASTERS

WHICH CAUSED THAT LOWER TURNOUT.

MR. LAWLER: CORRECT, IT'S VOTER APATHY. VOTERS IN

NEW YORK CITY JUST DIDN'T LIKE THEIR CANDIDATES, I GUESS, I DON'T KNOW.

MR. ABINANTI: IT SOUNDS LIKE --

MR. LAWLER: IF THEY CHOSE NOT TO -- NOT TO VOTE.

MR. ABINANTI: -- WE AGREE. IT SOUNDS LIKE WE

NYS ASSEMBLY MAY 18, 2022

AGREE THAT THIS PROVISION SHOULD NOT BE IN THE STATUTE.

MR. LAWLER: WELL, I -- I DON'T KNOW -- YOU CAN'T

CITE A SINGLE EXAMPLE OF WHY -- OF IT EVER BEING UTILIZED, AND I GUESS AS

MY COLLEAGUES HAVE POINTED OUT, PART OF THE REASON TO LEAVE IT THERE IS

TO KIND OF ADDRESS THE CONCERN THAT YOU'RE RAISING, THAT IF THERE IS SUCH

AN INCIDENT THAT -- THAT MAY HAVE CAUSED A REASON FOR PEOPLE NOT TO

SHOW UP, THEN THE BOARD DOES HAVE SOME DISCRETION TO ENSURE THAT

THERE IS A NEW ELECTION. I WAS A LITTLE CONFUSED BY --

MR. ABINANTI: MAY I RESPOND TO THAT FOR A

SECOND?

MR. LAWLER: SURE.

MR. ABINANTI: MAY I SUGGEST TO YOU --

MR. LAWLER: SURE.

MR. ABINANTI: -- WE SHOULD NOT GIVE PEOPLE THE

OPPORTUNITY TO CANCEL THE VOTERS WHO HAVE ALREADY HAVE VOTED. THIS IS

AFTER THE ELECTION, AND THERE'S NOTHING IN THE PRESENT STATUTE THAT SAYS

THE BOARD OF ELECTIONS HAS TO MAKE THE DETERMINATION THAT THERE WAS A

NATURAL DISASTER BEFORE THE ELECTION. SO IT COULD MAKE A DETERMINATION

THAT THERE WAS AN EARTHQUAKE AND THAT THERE WAS LESS THAN 25 PERCENT

VOTING, AND THEY DON'T HAPPEN TO LIKE THE OUTCOME. IT COULD BE BOTH THE

REPUBLICAN AND THE DEMOCRAT DON'T LIKE THE OUTCOME OF THAT ELECTION

AND THIS GIVES THEM THE RIGHT TO CANCEL THAT. THAT'S UN-DEMOCRATIC AND

THAT SHOULD NOT BE --

MR. LAWLER: HAVE YOU -- HAVE YOU EVER --

MR. ABINANTI: -- IN NEW YORK STATUTE.

NYS ASSEMBLY MAY 18, 2022

MR. LAWLER: SO YOU THINK BOTH THE REPUBLICAN

AND THE DEMOCRAT WOULD BE UNHAPPY BY A REPUBLICAN OR A DEMOCRAT

WINNING?

MR. ABINANTI: IT COULD BE AN INDEPENDENT THAT

WON. OR IT COULD BE A MAVERICK DEMOCRAT OR A MAVERICK REPUBLICAN

THAT WON.

MR. LAWLER: AND YOU -- AND -- AND YOU THINK THEY

WILL USE THAT STATUTE TO SUBVERT DEMOCRACY?

MR. ABINANTI: I'M SUGGESTING THAT WE WANT TO

PRESERVE THE RIGHTS OF VOTERS AND PRESERVE THE VOTES THAT ARE CAST, AND

WE DON'T WANT TO GIVE ANYONE THE CHANCE TO CANCEL AN ELECTION ON -- ON

THE EXCUSE THAT THERE WAS AN EARTHQUAKE OR A TORNADO OR AN EXPLOSION

AND IT DOESN'T EVEN SAY THAT ONE WAS TIED TO THE OTHER. AND IT DOESN'T

SAY THAT THE DISASTER HAS TO BE WITHIN THE JURISDICTION OF THE ELECTION, IT

JUST SAYS THAT THERE HAS TO BE ONE.

MR. LAWLER: HERE'S A QUESTION FOR YOU. IF THE

ELECTION -- IF AN EXTRA DAY OF VOTING IS -- IS GRANTED, RIGHT, UNDER --

UNDER YOUR BILL, WILL THE BALLOTS BE COUNTED AND RELEASED TO THE PUBLIC

BEFORE THAT EXTRA DAY OF VOTING?

MR. ABINANTI: I THINK THE PRESENT STATUTE DEALS

WITH THAT AND I -- I'M NOT GOING TO SUGGEST THAT I CAN INTERPRET THAT. I

WOULD LEAVE THAT TO --

MR. LAWLER: WELL --

MR. ABINANTI: -- THE LOCAL ATTORNEY WHO WOULD

MAKE THAT DETERMINATION.

NYS ASSEMBLY MAY 18, 2022

MR. LAWLER: WE -- WE JUST -- WE JUST PASSED

LEGISLATION THIS YEAR THAT WOULD REQUIRE BOARDS OF ELECTIONS TO COUNT

ABSENTEE BALLOTS ON THE -- ON ELECTION DAY. SO IS THERE ANYTHING IN THIS

BILL THAT WOULD DELAY SUCH A COUNT AND RELEASE OF THOSE NUMBERS UNTIL

THE FINAL ADDITIONAL DAY OF VOTING IS DONE, OR WILL THOSE NUMBERS BE

RELEASED BEFORE THAT ADDITIONAL DAY OF VOTING?

MR. ABINANTI: I WOULD SUGGEST TO YOU THAT THE

DEFINITION OF ELECTION DAY IS DEPENDENT ON WHEN THE POLLS CLOSE. AND

IF THE POLLS DON'T CLOSE UNTIL TWO DAYS LATER, THEN ELECTION DAY HASN'T

BEEN COMPLETED AND THE ABSENTEE BALLOTS DON'T HAVE TO BE STARTED TO BE

COUNTED UNTIL THE POLLS CLOSE.

MR. LAWLER: SO JUST TO BE CLEAR, YOUR -- YOUR

INTENT IN THIS BILL WOULD BE ANY ADDITIONAL DAY OF VOTING WOULD BE THE

ACTUAL ELECTION DAY, NOT THE ONE AS --

MR. ABINANTI: THAT WOULD BE MY INTENT --

MR. LAWLER: -- DEFINED IN THE STATUTE?

MR. ABINANTI: -- BUT THERE IS ALSO SOME LANGUAGE

IN HERE IN THE PRESENT STATUTE THAT QUALIFIES WHAT I JUST SAID. SO I --

WE'RE NOT CHANGING THAT SECTION, ALTHOUGH WE MIGHT WANT TO TAKE

ANOTHER LOOK AT IT AFTER THIS GOES INTO EFFECT BECAUSE WE DIDN'T CHANGE

THE ENTIRE ELECTION LAW, WE ONLY CHANGED THE PORTION DEALING WITH THE

ISSUE WE'RE TRYING TO DEAL WITH. IT DOES SAY IN HERE THAT SOME -- IN

CERTAIN CIRCUMSTANCES WHERE COMPLETE JURISDICTIONS LIKE A COUNTY HAVE

VOTED, THAT YOU CAN COUNT THOSE VOTES FIRST.

MR. LAWLER: I WOULD JUST NOTE SOMETIMES IT MIGHT

NYS ASSEMBLY MAY 18, 2022

BE BETTER TO ADDRESS THESE THINGS BEFORE WE PASS LEGISLATION AS OPPOSED

TO AFTER THE FACT, BUT --

MR. ABINANTI: BUT YOU'RE -- YOU'RE --

MR. LAWLER: -- I DIGRESS.

MR. ABINANTI: NO, BUT YOU'RE HIGHLIGHTING AN

ISSUE WITH THE PRESENT STATUTE THAT WE DID NOT TOUCH. AND -- AND I THINK

THAT'S SOMETHING THAT WE CAN LOOK AT AND PERHAPS TOGETHER WE CAN DRAFT

A PIECE OF LEGISLATION NEXT YEAR TO DEAL WITH THAT ISSUE.

MR. LAWLER: SO I'M A LITTLE CONFUSED FROM YOUR

RESPONSE TO MY COLLEAGUE WHEN HE WAS ASKING ABOUT THE EXECUTIVE AND

USING A STATE OF EMERGENCY. I'M NOT SURE WHY YOU WEREN'T FULLY

ANSWERING THE QUESTION. DID THE GOVERNOR IN 2020 USE HIS EXECUTIVE

AUTHORITY TO MOVE THE APRIL 2020 PRESIDENTIAL PRIMARY OR NOT?

MR. ABINANTI: THAT IS A QUESTION OF HISTORY. I'M

NOT GOING TO INTERPRET WHAT THE GOVERNOR'S POWERS WERE --

MR. LAWLER: NO, I DIDN'T -- I DIDN'T -- I DIDN'T ASK

WHAT HIS POWERS WERE, I ASKED DID HE DO IT.

MR. ABINANTI: THE -- THE ELECTION DAYS WERE

MOVED.

MR. LAWLER: BY WHO?

MR. ABINANTI: THERE WAS A PROCLAMATION BY A

GOVERNOR.

MR. LAWLER: OKAY. SO IT WAS SIGNED BY THE

GOVERNOR. DID THE LEGISLATURE ACT?

MR. ABINANTI: THE LEGISLATURE DID NOT ACT, BUT

NYS ASSEMBLY MAY 18, 2022

THIS DOES NOT -- THIS DOES NOT GIVE THE LOCAL EXECUTIVE THE POWER TO

MOVE THE ELECTIONS. IT GIVES THEM THE POWER TO TRIGGER A MOVE BY THE

BOARDS OF ELECTIONS. THIS IS -- THIS IS REINFORCING THE PRESENT STATUTE

THAT SAYS THE BOARD OF ELECTIONS HAVE THE POWER TO MAKE THE

DETERMINATION WHETHER TO MOVE THE ELECTION DAY. IT DOES NOT GIVE ANY

EXECUTIVE THE POWER TO DO THAT. IT JUST GIVES THE EXECUTIVE THE POWER

TO SET UP THAT TRIGGER AND SAY, I'M DECLARING AN EMERGENCY, BOARD OF

ELECTIONS, WHAT DO YOU SAY?

MR. LAWLER: BUT THE GOVERNOR ALREADY HAS THE

AUTHORITY, RIGHT, WE -- THIS BODY DID NOT ACT TO REJECT THE GOVERNOR'S --

MR. ABINANTI: I'M NOT GOING TO COMMENT ON WHAT

THE GOVERNOR'S AUTHORITY IS AND WHETHER THE GOVERNOR PROPERLY OR NOT

PROPERLY EXERCISED THAT POWER IN THE PAST.

MR. LAWLER: MAYBE -- MAYBE PAUSE AND LISTEN TO

THE QUESTION I'M ASKING.

MR. ABINANTI: SURE.

MR. LAWLER: OKAY? THE GOVERNOR ISSUED A

PROCLAMATION MOVING THE PRESIDENTIAL PRIMARY IN APRIL OF 2020. THIS

BODY DID NOT DO ANYTHING TO COUNTER THAT, CORRECT?

MR. ABINANTI: I BELIEVE I WOULD AGREE WITH YOUR

FACTS.

MR. LAWLER: OKAY. SO THE POINT I WOULD MAKE IS

THIS BODY DID NOT DISPUTE THE SEEMING AUTHORITY THAT THE GOVERNOR HAD

TO SUSPEND AN ELECTION AND MOVE IT BASED ON A STATE OF EMERGENCY.

THERE IS -- THERE IS NO DISPUTE OF THAT THAT I CAN SEE.

NYS ASSEMBLY MAY 18, 2022

MR. ABINANTI: THIS BILL IS ENHANCING THE POWER OF

THE BOARDS OF ELECTIONS IN THIS STATE.

MR. LAWLER: FOR THE PURPOSE OF CAUCUSES OR FOR

THE PURPOSES OF EVERY ELECTION?

MR. ABINANTI: FOR EVERY ELECTION. IT IS

ELIMINATING THE RESTRICTION OF THIS POWER TO GENERAL ELECTIONS. IT COULD

BE ARGUED THAT THE ONLY REMEDY AT THE TIME WOULD HAVE BEEN WITH

RESPECT TO A GENERAL ELECTION AND, THEREFORE, THE GOVERNOR AT THE TIME

ADDRESSED THE ISSUES OF PRIMARIES BECAUSE THERE WAS NO STATUTORY

REMEDY. THIS IS PRESENTING A STATUTORY REMEDY FOR ALL ELECTIONS. THE

PRESENT LAW SAYS THAT THE BOARDS OF ELECTIONS HAVE THE POWER TO MAKE

THESE DETERMINATIONS IN THE CASE OF GENERAL ELECTIONS.

MR. LAWLER: WHEN -- WHEN --

MR. ABINANTI: THIS BILL IS SAYING ALL ELECTIONS.

SPECIAL ELECTIONS, PRIMARY ELECTIONS, CAUCUSES --

MR. LAWLER: WHEN SUPERSTORM SANDY HAPPENED,

DID THE BOARD OF ELECTIONS EXERCISE ITS AUTHORITY TO DELAY THE ELECTION?

MR. ABINANTI: I DON'T RECALL THAT PARTICULAR

CIRCUMSTANCE, I'M SORRY.

MR. LAWLER: THE ANSWER IS NO. IN TERMS OF --

MR. ABINANTI: THAT DOESN'T MEAN THEY DIDN'T HAVE

THE POWER TO DO SO --

MR. LAWLER: NO, UNDER THIS STATUTE -- UNDER THIS

THEY HAD THE AUTHORITY, THEY DIDN'T --

MR. ABINANTI: CORRECT.

NYS ASSEMBLY MAY 18, 2022

MR. LAWLER: THEY CHOSE NOT TO. IN TERMS OF THAT

TIME FRAME AND ALSO IN 2001 DURING SEPTEMBER 11TH WHEN THE PRIMARY

DAY WAS MOVED BECAUSE OF 9/11, THE -- THERE WAS ONLY ONE DAY TO VOTE,

CORRECT?

MR. ABINANTI: I DON'T REMEMBER THE SPECIFIC

CIRCUMSTANCES OF THAT, BUT I'LL TAKE YOUR -- YOUR REPRESENTATION THAT

THERE WAS ONLY ONE DAY. BUT MY POINT TO YOU HERE IS --

MR. LAWLER: BUT --

MR. ABINANTI: -- THAT THIS IS ENHANCING THE POWER

OF BOARD OF ELECTIONS AND ALLOWING THEM TO HAVE POWER --

MR. LAWLER: I UNDERSTAND.

MR. ABINANTI: -- IN ALL ELECTIONS --

MR. LAWLER: I UNDERSTAND.

MR. ABINANTI: WHEREAS BEFORE THEY WERE

RESTRICTED TO ONLY GENERAL ELECTIONS.

MR. LAWLER: I UNDERSTAND. THE POINT I'M MAKING

IS IN PREVIOUS INSTANCES WHERE THIS WAS UTILIZED OR COULD HAVE BEEN

UTILIZED OR WAS UTILIZED BY A GOVERNOR, WE HAD ONE DAY OF VOTING. WE

NOW HAVE NINE DAYS OF EARLY VOTING FOR BOTH PRIMARY AND GENERAL

ELECTION, WE HAVE THE PRIMARY AND GENERAL ELECTION DAY, AND WE ALSO

HAVE THE PROVISIONS OF ABSENTEE BALLOTING WHERE INDIVIDUALS CAN BE

AFRAID OF CONTRACTING COVID OR ANY DISEASE, OR COULD BE AFRAID OF THEIR

OWN SHADOW AND GET AN ABSENTEE BALLOT NOW. SO WHAT EXACTLY IS THE

NECESSITY OF ADDING AN EXTRA DAY OF VOTING WHEN WE NOW HAVE TEN DAYS

OF VOTING PLUS EASY ACCESS TO AN ABSENTEE BALLOT?

NYS ASSEMBLY MAY 18, 2022

MR. ABINANTI: CIRCUMSTANCES OCCUR, SOMETIMES

IMMEDIATELY BEFORE THE FINAL DATE OF VOTING, AND MANY PEOPLE HAVE NOT

YET VOTED AND ALSO, NONE OF THOSE APPLY TO A CAUCUS.

MR. LAWLER: OKIE DOKIE.

ACTING SPEAKER AUBRY: MR. RA.

MR. RA: THANK YOU, MR. SPEAKER. WILL THE SPONSOR

YIELD?

ACTING SPEAKER AUBRY: MR. ABINANTI --

MR. ABINANTI: YES. YES, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. ABINANTI YIELDS.

MR. RA: I HAVE A QUICK QUESTION BECAUSE THE

LANGUAGE DOES SEEM VAGUE HERE. IT DOES JUST SAY "STATES OF

EMERGENCY." SO WHAT ABOUT SOMETHING LIKE THE DECLARED STATE OF

EMERGENCY RELATED TO GUN VIOLENCE? WOULD SOMETHING LIKE THAT

QUALIFY?

MR. ABINANTI: THAT WOULD UP -- BE UP TO THE

BOARD OF ELECTIONS. IF YOU HAD A CIRCUMSTANCE WHERE THE LOCAL

EXECUTIVE DECIDED THAT THEY NEEDED TO LOCK DOWN A CITY AND THERE WAS

A CITY PRIMARY THE NEXT DAY, THE BOARD OF ELECTIONS THEN COVERING THAT

CITY COULD USE THIS NEW STATUTE TO DELAY THE -- THE ELECTION UNTIL THINGS

IN THE -- IN THE CITY CALM DOWN. SO I THINK THAT'S A -- THAT'S A PERFECT

EXAMPLE OF THE -- OF THE GOOD PART OF THIS STATUTE. PRESENTLY, THE BOARD

OF ELECTIONS COULD NOT DO THAT BECAUSE A LOCKDOWN AS A RESULT OF AN

ATTACK ON THE -- ON THE CITY IS NOT ONE OF THE THINGS LISTED IN HERE. IT

DOES SAY ENEMY ATTACK, BUT THE BOARD OF ELECTIONS WOULD THEN HAVE TO

NYS ASSEMBLY MAY 18, 2022

DETERMINE THAT ENEMY INCLUDES THE WORDS, YOU KNOW, A DOMESTIC

TERRORIST. BUT THIS WOULD THEN GIVE THE MAYOR OF THAT COMMUNITY THE

OPTION OF DECLARING A STATE OF EMERGENCY WHICH WOULD THEN ALLOW THE

BOARD OF ELECTIONS, THE BIPARTISAN BOARD OF ELECTIONS, THE OPPORTUNITY

TO -- TO MOVE THE ELECTION TO A SAFER DATE.

MR. RA: THANK YOU, MR. ABINANTI.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR. RA.

MR. RA: SO I MEAN, MY -- MY CONCERN IS THAT THIS --

THIS JUST SEEMS VERY BROAD, AND I CERTAINLY CAN SEE SITUATIONS UNDER

WHICH IT COULD BE, YOU KNOW, FRANKLY, YOU KNOW, ABUSED TO SUIT SOME

TYPE OF POLITICAL PURPOSE OF MOVING AN ELECTION. SO WHILE I GENERALLY

THINK TRYING TO EMPOWER, YOU KNOW, OUR LOCAL FOLKS TO MAKE DECISIONS

IN GENERAL IS A GOOD THING WHEN WE'RE TALKING ABOUT THE DATE OF

ELECTIONS AND EVERYTHING THAT GOES WITH THAT, POTENTIALLY ADDING VOTING

DAYS, I THINK -- I THINK THAT'S A CONCERN. AND I -- I THINK THAT IN THESE

EXTREME CIRCUMSTANCES, AND WE'VE SEEN THEM ALL THROUGH THE YEARS, I

MEAN, OBVIOUSLY THE MOST FAMOUS ONE WAS, YOU KNOW, THAT 9/11 WAS

ON THE DAY OF -- OF A PRIMARY, IN PARTICULAR, THE MAYOR'S PRIMARY IN

NEW YORK CITY THAT YEAR. BUT WE'VE SEEN CIRCUMSTANCES LIKE

SUPERSTORM SANDY WHEN, YOU KNOW, WE DID THE BEST WE COULD. WE

HAD -- I KNOW I HAD MANY OF MY CONSTITUENTS DIDN'T HAVE POWER WHILE

THAT ELECTION DAY WAS GOING ON AND, YOU KNOW, PROVISIONS WERE MADE

TO KIND OF OPEN UP SO PEOPLE COULD GO TO DIFFERENT POLLING PLACES IF

THEY HAD TO AND MAKE SURE THEY WERE ABLE TO VOTE.

NYS ASSEMBLY MAY 18, 2022

BUT, YOU KNOW, THIS WHOLE SITUATION HAS GOTTEN MORE

AND MORE COMPLEX OVER THE LAST FEW YEARS. YOU KNOW, WE HAVE ALL

THESE EARLY VOTING DAYS. WE HAVE -- WE HAVE SO MANY OPPORTUNITIES

FOR PEOPLE TO CAST THEIR BALLOTS. SO I THINK THIS IS, IN A LOT OF WAYS, A

SOLUTION IN SEARCH OF A PROBLEM AND ONE THAT COULD BE OPEN TO BE USED

INAPPROPRIATELY. SO I'M GOING TO CAST MY VOTE IN THE NEGATIVE. THANK

YOU.

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 4333. 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 ON THE FLOOR OR BY CONTACTING THE

MINORITY LEADER'S OFFICE. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MS. SOLAGES.

MS. SOLAGES: I'D LIKE TO REMIND MY COLLEAGUES

THAT THIS IS A PARTY VOTE IN THE AFFIRMATIVE. IF THERE ARE ANY EXCEPTIONS,

I ASK THE MAJORITY MEMBERS TO CONTACT THE MAJORITY LEADER'S OFFICE

NYS ASSEMBLY MAY 18, 2022

AND WE WILL ANNOUNCE THEIR NAME ACCORDINGLY.

ACTING SPEAKER AUBRY: THANK YOU.

(THE CLERK RECORDED THE VOTE.)

MR. ABINANTI.

MR. ABINANTI: THANK YOU, MR. SPEAKER. FIRST, I'D

LIKE TO THANK THE ASSEMBLY MAJORITY STAFF FOR THEIR ASSISTANCE IN

DRAFTING THIS BILL AND IN DOING THE RESEARCH NECESSARY TO -- TO DRAFT WHAT

I SUGGEST IS A VERY GOOD ELECTION INTEGRITY BILL. THERE ARE 45 STATES THAT

HAVE STATUTES THAT DEAL WITH ELECTION DAY EMERGENCIES IN SOME WAY OR

ANOTHER. THIS IS IMPROVING A STATUTE THAT WE HAD ON THE BOOKS FOR A

LONG, LONG TIME AND NEEDED TO BE MODERNIZED.

WHAT THE BILL DOES FIRST OF ALL IS IT REMOVES SOME

ANTI-DEMOCRATIC PROVISIONS OF OUR PRESENT ELECTION LAW WHICH WOULD

ALLOW A BOARD OF ELECTIONS RETROACTIVELY TO CANCEL AN ELECTION IF THEY

SEE SOME KIND OF A NATURAL DISASTER AND DECIDE THAT ENOUGH PEOPLE

HAVEN'T VOTED, 25 PERCENT OR LESS. THAT'S AN ANTI-DEMOCRATIC PROVISION

AND IT COULD BE USED IN CIRCUMSTANCES WHERE THE TRADITIONAL PARTIES ARE

DISSATISFIED WITH THE ELECTION OF PERHAPS A MAVERICK OR AN INDEPENDENT

OR SOMEBODY WHO IS CHALLENGING THE PARTIES. THAT IS ANTI-DEMOCRATIC,

THAT SHOULD NOT REMAIN IN NEW YORK STATE STATUTE.

IT ALSO ADDS ANOTHER TRIGGER FOR THE BOARD OF ELECTIONS

TO BE ABLE TO ADD ADDITIONAL DAYS OF VOTING. WHAT IS WRONG WITH

ADDITIONAL DAYS OF VOTING IF THERE'S SOME IMPEDIMENT TO PEOPLE GETTING

TO A POLLING PLACE? THIS SAYS THAT IF THERE IS A STATE OF EMERGENCY

DECLARED THEN THE BOARD OF ELECTIONS COULD EXERCISE THEIR DISCRETION IF

NYS ASSEMBLY MAY 18, 2022

THEY WANT TO, THEY'RE NOT REQUIRED TO, COULD EXERCISE THEIR DISCRETION TO

ADD ADDITIONAL DAYS OF VOTING OR TO MOVE ELECTION DAY TO A LATER DATE,

AND THE PRESENT STATUTE SAYS THAT HAS TO BE WITHIN 20 DAYS.

SO ALL WE'RE DOING IS GIVING THE BOARDS OF ELECTIONS

AN ADDITIONAL TRIGGER ON THE BASIS OF WHICH TO USE THEIR PRESENT

DISCRETIONARY POWERS. WE'VE ADDED THE WORDS "STATE OF EMERGENCY,"

AND IN A WAY THAT ADDS A PROTECTION BECAUSE THE BOARDS OF ELECTIONS

WILL PROBABLY BE LOOKING TO THE EXECUTIVE TO SAY, SHOULD WE EXERCISE

OUR POWERS, DECLARE A STATE OF EMERGENCY, LET US KNOW THAT THIS IS A

GOOD IDEA IN THESE CIRCUMSTANCES.

LASTLY, IT EXPANDS THE STATUTE FROM JUST GENERAL

ELECTIONS TO INCLUDE PRIMARY ELECTIONS, SPECIAL ELECTIONS, AND VILLAGE

CAUCUSES, WHICH IS AN IMPORTANT CHANGE IN THE LAW. AS WE SAW DURING

THE PANDEMIC THAT WE HAD, THE GOVERNOR EXERCISED POWERS. THERE WAS

NO STATUTORY AUTHORITY FOR THE BOARDS OF ELECTIONS TO ACT. WE ARE NOW

GIVING THE BOARDS OF ELECTIONS THE POWER RATHER THAN HAVING TO RELY ON

SOME ELECTED OFFICIAL WHO MAY FOR WHATEVER REASON DECIDE TO CHANGE

-- CHANGE DATES. SO THEREFORE, I URGE MY COLLEAGUES TO -- TO VOTE. THIS

IS AN ELECTION INTEGRITY BILL AND I -- I ASK THAT ALL OF MY COLLEAGUES

SUPPORT IT. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. ABINANTI IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

NYS ASSEMBLY MAY 18, 2022

PAGE 8, RULES REPORT NO. 187, THE CLERK WILL READ.

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: AN EXPLANATION IS

REQUESTED, MR. EPSTEIN.

MR. EPSTEIN: YES. THIS BILL WOULD PROHIBIT CONDO

ASSOCIATIONS FROM ADOPTING OR ENFORCING RULES OR REGULATIONS TO PREVENT

THE INSTALLATION OF ELECTRIC CHARGING STATIONS FOR HOMEOWNERS.

ACTING SPEAKER AUBRY: MR. FITZPATRICK.

MR. FITZPATRICK: THANK YOU, MR. SPEAKER.

GOOD AFTERNOON, HARVEY. JUST A -- A SERIES OF QUESTIONS.

ACTING SPEAKER AUBRY: MR. EPSTEIN, DO YOU

YIELD? MR. FITZPATRICK DECIDED TO JUST GO BY ALL THAT. NO PROBLEM.

MR. FITZPATRICK: (INAUDIBLE)

MR. EPSTEIN: EVEN THOUGH HE WENT ROGUE I WILL --

I'LL BE HAPPY TO YIELD.

ACTING SPEAKER AUBRY: AND CERTAINLY, MR.

EPSTEIN DOES YIELD TO YOU, MR. FITZPATRICK.

MR. FITZPATRICK: THANK YOU. THANK YOU, MR.

SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MR. FITZPATRICK: JUST A SERIES OF QUESTIONS. IT --

IT'S AN INTERESTING BILL BECAUSE PEOPLE WHO CHOOSE TO LIVE IN A

NYS ASSEMBLY MAY 18, 2022

HOMEOWNERS ASSOCIATION CHOOSE TO LIVE UNDER A FORM OF GOVERNANCE

THAT THEY WILLINGLY SIGN ON THE DOTTED LINE WHEN THEY PURCHASED THE

CONDO OR -- OR HOME OR WHATEVER IN THE HOA. SO, YOUR BILL, TO BE

CLEAR, DOES NOT MANDATE THE INSTALLATION OF ELECTRIC CHARGING STATIONS,

BUT AS WE BOTH KNOW I THINK IN 2035 ANY NEW CAR SOLD OR LEASED IN

NEW YORK STATE HAS TO BE ZERO EMISSION. SO BECAUSE OF THAT,

HOMEOWNERS ASSOCIATIONS, WHO ARE ACTUALLY A COLLECTION OF INDIVIDUALS,

PEOPLE WHO OWN THE HOME THAT LIVE THERE AND, THEREFORE, ARE

CONSUMERS, WILL UNDERSTAND THAT CHANGE IS COMING. IT'S ALREADY

UNDERWAY. SO HOW -- HOW DO YOU EXPECT TO HANDLE BY -- BY SAYING,

NO, YOU CANNOT PREVENT THE INSTALLATION OF THIS? THERE ARE A NUMBER OF

ISSUES, SAY, FOR EXAMPLE, YOU KNOW, WHERE WILL THOSE PARKING SPACES

BE LOCATED? ARE WE TALKING INDIVIDUAL HOMES? LIKE, THERE ARE

HOMEOWNERS ASSOCIATIONS WHERE THEY'RE NOT TYPICAL CONDOS OR

APARTMENT-TYPE BUILDINGS, THEY ARE ACTUAL INDIVIDUAL HOMES THAT ARE

VERY TIGHTLY-KNIT TOGETHER. ARE YOU TALKING ABOUT AN INDIVIDUAL

HOMEOWNER OR A CONDO ASSOCIATION THAT MAY HAVE NO PLACE TO PUT THEM

IN AN INDIVIDUAL LOCATION, THEREFORE YOU HAVE TO SET ASIDE A LOCATION

SOMEWHERE IN THE PARKING AREA TO PROVIDE THIS? THERE'S -- THERE'S NO

REAL EXPLANATION HERE.

MR. EPSTEIN: SO, THIS IS REALLY DEFERRING TO THE

HOMEOWNER ASSOCIATIONS IN A LOT OF WAYS. EVERY HOMEOWNER

ASSOCIATION IS DIFFERENT. SOME PEOPLE WILL HAVE A DESIGNATED SPOT

WHERE THEY PARK ALL THE TIME. SOME PEOPLE WILL HAVE A SHARED PARKING

AREA. SOME PEOPLE WILL HAVE WHERE PARKING AREAS CONNECTED TO THEIR

NYS ASSEMBLY MAY 18, 2022

CONDO OR A HOME. AND SO ALL THIS IS SAYING IS THAT THE HOMEOWNERS

ASSOCIATION CAN'T PUT BARRIERS IN FRONT OF THE INDIVIDUAL HOMEOWNER

WHO WANT TO ENSURE THAT THERE IS A CHARGING INFRASTRUCTURE AVAILABLE TO

THEM. THEY CAN'T PUT OVERLY CUMBERSOME REGULATIONS, AND THEY CAN'T

JUST GO AHEAD AND PROHIBIT IT. SO, EVERY ASSOCIATION IS GOING TO LOOK AT

THIS DIFFERENTLY AND SAY, OKAY, FOR US WE MAY DO WHAT YOU SUGGESTED

BUT WE HAVE A ROW, WE'RE GOING TO PUT FIVE IN AND WE'RE GOING TO

CHARGE THE HOMEOWNER. ANOTHER HOMEOWNER ASSOCIATION MIGHT SAY,

WELL, YOU HAVE A PRIVATE SPOT. IF YOU WANT TO PUT IT IN THERE, YOU PAY

FOR THE -- THE CHARGER AND THEN THAT'S ON YOU. SO I THINK WE'RE NOT

TELLING HOMEOWNER ASSOCIATIONS WHAT TO DO. WE'RE JUST SAYING THEY

CAN'T CREATE RULES AND RESTRICTIONS TO PREVENT PEOPLE WHO ARE MOVING

INTO ELECTRIC VEHICLES TO BE ABLE TO PUT THE CHARGING INFRASTRUCTURE IN

THAT PLACE THAT THEY NEED.

MR. FITZPATRICK: TRUE. BUT AS YOU SAID, THERE

ARE DIFFERENT TYPES OF HOMEOWNERS ASSOCIATIONS THAT ARE A DIFFERENT

GEOGRAPHIC, YOU KNOW, LIMITATIONS AND DIFFERENT, YOU KNOW, DESIGNS

AND LAYOUTS OF -- OF CONDOMINIUM PROJECTS, HOMEOWNER PROJECTS. SO,

WOULD IT NOT BE BEST TO LET THE HOMEOWNERS ASSOCIATION, A SELF-

GOVERNING BODY, WORK THAT OUT THEMSELVES? BECAUSE AS WE BOTH

KNOW, BY 2035 ANYBODY WHO LEASES OR PURCHASES A VEHICLE -- THEY'RE

ALREADY PURCHASING AND LEASING THOSE VEHICLES RIGHT NOW, SO THESE

HOMEOWNER ASSOCIATIONS ALREADY KNOW THAT THEY HAVE TO DEAL WITH THIS.

BUT THE PROBLEM AS I SEE WITH THIS BILL -- AND, LOOK, I'M ALL FOR ELECTRIC

VEHICLES OR, YOU KNOW, ZERO-EMISSION VEHICLES. THAT'S NOT THE ISSUE

NYS ASSEMBLY MAY 18, 2022

HERE. BUT SOME OF THESE ISSUES COULD POTENTIALLY GET A LITTLE

COMPLICATED AND STICKY BECAUSE WHAT ABOUT CURB CUTS TO LAY THE WIRE?

YOU KNOW, WHAT ABOUT, YOU KNOW, PAVEMENT CUTS, CURB CUTS. YOU

KNOW, EASEMENTS? YOU KNOW, VIOLATING A RIGHT-OF-WAY. YOU KNOW,

ARE THESE GOING TO BE FOR FREE, AND IF THEY ARE, WHO'S GOING TO PICK UP

THE COST OF THIS? YOU CAN SAY IT COULD BE SPREAD ACROSS THE

HOMEOWNERS ASSOCIATION. BUT, YOU KNOW, WHAT IF YOU HAVE A RELATIVE

OR FRIEND VISITING THAT SAID, HEY, YOU KNOW, WHILE I'M HERE LET ME -- LET

ME CHARGE MY CAR ON YOUR DIME RATHER THAN PAY FOR IT? WILL THESE BE

SIMILAR TO WHAT WE HAVE IN A GARAGE WHERE YOU HAVE TO PLUG IN AND PAY

IN ORDER TO CHARGE? THESE ARE ALL ISSUES THAT THE HOMEOWNERS

ASSOCIATION WILL HAVE TO HASH OUT, AND THEY HAVE ABOUT 12 OR 13 YEARS

NOW TO DEAL WITH THAT. SO I REALLY SEE THIS AS A SOLUTION IN SEARCH OF A

PROBLEM. THIS ISN'T SOMETHING THAT HOAS ARE ALREADY AWARE OF

BECAUSE THEIR -- THEIR PARTICIPANTS OR THEIR HOMEOWNERS ARE ALREADY

PURCHASING AND LEASING THESE VEHICLES.

MR. EPSTEIN: SO, I WOULDN'T SEE THAT -- I WOULDN'T

VIEW IT THAT WAY. I VIEW THIS AS CREATING A RIGHT FOR PEOPLE WHO LIVE IN

THESE CONDO ASSOCIATIONS TO BE ABLE TO SAY TO THEIR HOMEOWNERS

ASSOCIATION, HEY, I'M BUYING AN ELECTRIC VEHICLE. WE NEED TO FIGURE

THIS ISSUE OUT, AND THAT THE HOMEOWNERS ASSOCIATION CAN'T COME BACK

AND SAY NO. THE HOMEOWNERS ASSOCIATION IS GOING TO HAVE TO DO

EXACTLY WHAT YOU SAID. THEY'RE GOING -- THEY'RE GOING TO HAVE TO GO

THROUGH A PROCESS AND SAY, OKAY, FOR OUR DEVELOPMENT WE'RE GOING TO

PUT THEM ALL IN SECTION A AND THEN THERE'S GOING TO BE A FEE THAT YOU'RE

NYS ASSEMBLY MAY 18, 2022

GOING TO HAVE TO PAY. OR, NO, IN OUR DEVELOPMENT YOU'RE GOING TO

HAVE TO INSTALL IT YOURSELF AND YOU CAN PUT IT HERE BUT THEN YOU'RE GOING

TO HAVE TO PAY FOR IT YOURSELF. AND SO IT ALLOWS THE FLEXIBILITY OF

HOMEOWNERS ASSOCIATIONS TO WORK INDIVIDUALLY IN THEIR DEVELOPMENT,

BUT IT PROHIBITS THEM FROM JUST SAYING NO. THEY CAN'T CREATE OVERLY

CUMBERSOME REGULATIONS AND THEY JUST CAN'T SAY NO. SO IT DOES EXACTLY

WHAT YOU SAID, IS WE ALL RECOGNIZE THIS HAS TO HAPPEN. HOMEOWNERS

ASSOCIATIONS NEED TO GET IN THE MODE OF -- BY FIGURING THIS OUT. THIS IS

JUST AN ENCOURAGEMENT OF THE STATUTORY REQUIREMENT TO HELP THEM FIGURE

OUT WHEN HOMEOWNERS NEED TO GET THIS RESOLVED. BECAUSE WE KNOW

THIS IS COMING, AND IT MAY -- FOR A HOMEOWNER IT MAY TAKE A YEAR TO --

TO BUILD A TRENCH TO PUT THE CHARGER IN OR IT MAY TAKE A COUPLE OF YEARS

TO DO THE BIDDING FOR AN ASSOCIATION OR DO THE PLANNING. WE WANT TO

GIVE THEM THE TIME THAT THEY NEED, BUT WE ARE -- WE DON'T HAVE

UNLIMITED TIME, AS WE ALL KNOW, SO THIS IS REALLY TO CREATE THE STATUTORY

STRUCTURE THAT ALLOWS PEOPLE TO MOVE THIS FORWARD.

MR. FITZPATRICK: BUT WE TRUST -- WE TRUST THE

PEOPLE. THESE ARE HOMEOWNERS, THESE ARE PEOPLE WHO, YOU KNOW,

WILLINGLY SIGN ON THE DOTTED LINE TO LIVE IN AN ENVIRONMENT GOVERNED BY

A HOMEOWNERS ASSOCIATION. THEY -- THEY KNOW WHAT THEY'RE DOING.

ARE -- ARE YOU FAMILIAR WITH ANY CASES WHERE HOMEOWNERS ASSOCIATIONS

HAVE SAID, NO, WE'RE NOT GOING TO ALLOW ELECTRIC CHARGING STATIONS?

MR. EPSTEIN: NOT ONLY AM I NOT FAMILIAR --

MR. FITZPATRICK: I'M NOT AWARE OF ANY.

MR. EPSTEIN: YEAH, I'VE HEARD FROM HOMEOWNERS

NYS ASSEMBLY MAY 18, 2022

WHO'VE SAID THIS -- THIS PROBLEM -- WHO SPECIFICALLY ARTICULATED THIS

PROBLEM, WHO SAID THE HOMEOWNERS ASSOCIATION SAID NO. AND SO THEY

NEEDED A SOLUTION, SO THIS WAS A SOLUTION THAT COULD MOVE FORWARD TO

HELP THE INDIVIDUAL HOMEOWNERS TO HAVE A PLAN.

MR. FITZPATRICK: AND -- AND IF THEY SAID NO -- IF

YOU DON'T MIND ME ASKING, THEY SAID NO WHY? BECAUSE THEY JUST DON'T

WANT TO DO IT?

MR. EPSTEIN: WELL, THE HOMEOWNER DIDN'T GET THE

"WHY", THEY JUST GOT A NO.

MR. FITZPATRICK: RIGHT. OKAY.

MR. EPSTEIN: SO THE HOMEOWNERS IN THIS SITUATION

WHERE THEY ARE LIVING SOMEPLACE -- YOU COULD BE LIVING SOMEPLACE FOR

30 YEARS AND NOT UNDERSTAND THAT, YOU KNOW, A HOMEOWNERS

ASSOCIATION HAS TO MOVE WITH THE TIMES, YOU KNOW? YOU KNOW, 50

YEARS AGO LOTS OF HOMES AND HOME ASSOCIATIONS HAD RACIAL COVENANTS IN

THEM, AND WE THEN SAID -- WE PASSED LAWS TO SAY YOU CAN'T PROHIBIT

PEOPLE BASED ON THEIR -- THEIR RACE OR ETHNICITY OR RELIGION FROM MOVING

INTO AN ASSOCIATION. WE HAD TO DO THAT STATUTORILY. WE'RE JUST SAYING

HERE, HEY, WE'RE MOVING INTO A NEW ENVIRONMENT. WHILE WE TRUST

HOMEOWNERS ASSOCIATIONS, WE HAVE TO ENSURE THAT THERE'S ENOUGH

SYSTEM AND STRUCTURE IN PLACE THAT THEY CAN ALLOW THEIR HOMEOWNERS TO

MOVE FORWARD. THIS IS A REALLY SIMPLE THING THAT OUR HOMEOWNERS

ASSOCIATION IS LIKELY TO DO. BUT FOR THE ONES THAT DON'T WANT TO DO IT,

THIS IS TO ALLOW TO GIVE POWER TO THAT HOMEOWNER TO SAY, HEY, I NEED

THIS TO HAPPEN AND YOU NEED TO HELP ME MAKE THIS HAPPEN.

NYS ASSEMBLY MAY 18, 2022

MR. FITZPATRICK: VERY GOOD. VERY GOOD.

HARVEY, THANK YOU VERY MUCH.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER ANDERSON: ON THE BILL.

MR. FITZPATRICK: THERE'S NO REAL LARGE GAP OF

DISAGREEMENT HERE WITH THE SPONSOR. I -- I -- LOOK, THE FUTURE IS COMING

WHETHER WE LIKE IT OR NOT. ELECTRIC VEHICLES, ZERO-EMISSION VEHICLES ARE

A FACT OF LIFE AND THEY ARE BECOMING MORE POPULAR, AND AS THEY BECOME

LESS EXPENSIVE MORE OF THEM WILL BE SOLD. BY 2035 IN NEW YORK STATE

ANY NEW VEHICLE LEASED OR SOLD WILL HAVE TO BE A ZERO-EMISSION

VEHICLE. THAT MEANS HOMEOWNERS ASSOCIATIONS AND OTHER ENTITIES ARE

GOING TO HAVE TO PREPARE. SOME ARE ALREADY DOING THAT. WE HAD -- I

DRIVE UP ROUTE 17 AND STOP AT THE ROSCOE DINER, TESLA HAS CHARGING

STATIONS THERE AT THE DINER. WHAT A GREAT IDEA. YOU GO TO THE

CROSSGATES MALL OR COLONIE CENTER AND THEY HAVE CHARGING STATIONS.

WE'RE SEEING IT HAPPEN RIGHT HERE IN OUR OWN GARAGE, HERE IN THE STATE

OFFICE BUILDING, HERE IN THE LEGISLATURE. HOMEOWNERS ASSOCIATIONS

CAN MAKE THESE DECISIONS ON THEIR OWN, AND THEY SELF-GOVERN BECAUSE

THEY CHOOSE TO LIVE IN THAT ENVIRONMENT. NOW, WE DON'T KNOW IF THERE

IS AN EXTENUATING CIRCUMSTANCE IN THE EXAMPLE THAT MR. EPSTEIN IS

GIVING. BUT THERE CAN BE AND THERE PROBABLY WILL BE MANY

COMPLICATIONS IN TRYING TO INSTALL SOME OF THESE. YOU KNOW, WHETHER

IT'S AN EASEMENT PROBLEM OR PAVEMENT CUTS, CURB CUTS, LOCATION OF THESE

THINGS. YOU KNOW, UPGRADING THE POWER. IF IT'S A UNIQUE SITUATION

WHERE IT'S AN INDIVIDUAL HOME, THAT WILL BE LESS OF A PROBLEM BUT YOU'RE

NYS ASSEMBLY MAY 18, 2022

GOING TO HAVE ISSUES WITH SOME OF THESE OTHERS. THEY WILL HAVE TO DEAL

WITH THAT, AND THEY'RE ABLE TO DEAL WITH THAT ON THEIR OWN, BY

THEMSELVES. THEY DON'T NEED INTERFERENCE FROM GOVERNMENT SAYING,

YOU KNOW, YOU HAVE TO DO THIS. AND THAT'S BASICALLY WHAT WE'RE TRYING

TO ACCOMPLISH HERE IS FORCE PEOPLE TO DO SOMETHING THAT THEY CAN DO ON

THEIR OWN AND THAT THEY'RE SMART ENOUGH TO KNOW THEY HAVE TO DO THIS

ON THEIR OWN. AND THERE'S A TIMETABLE, 2035. ALL NEW VEHICLES HAVE TO

BE ZERO EMISSION. SO IT'S JUST -- THIS IS AN EXAMPLE, IN MY VIEW, OF JUST

GOVERNMENT OVERREACH. CERTAINLY, GOVERNMENT CAN, YOU KNOW,

ENCOURAGE, ADVERTISE, PROMOTE AND -- AND ASK PEOPLE TO DO THIS SOONER

RATHER THAN LATER, BUT TO INTERFERE WITH THE GOVERNANCE OF A HOMEOWNERS

ASSOCIATION IS A STEP TOO FAR.

AND FOR THAT REASON I WOULD ENCOURAGE PEOPLE TO

CONSIDER VOTING NO ON THIS LEGISLATION. THANK YOU, MR. SPEAKER.

ACTING SPEAKER ANDERSON: THANK YOU, MR.

FITZPATRICK.

MR. PALMESANO.

MR. PALMESANO: YES, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER ANDERSON: ON THE BILL, MR.

PALMESANO.

MR. PALMESANO: YES. I DON'T WANT TO ASK ANY

QUESTIONS ON THIS NECESSARILY BECAUSE I THINK I KNOW THE ANSWER TO THE

QUESTION, BUT I WANT TO BRING UP AN ISSUE. WE'VE TALKED ABOUT ELECTRIC

VEHICLES. I KNOW THIS BILL, THIS IS OBVIOUSLY TITLED THE ELECTRIC VEHICLES

NYS ASSEMBLY MAY 18, 2022

RIGHTS ACT. I HOPE WHEN WE TALK ABOUT ELECTRIC VEHICLES IN THE FUTURE

WE CAN TALK ABOUT CHILD LABOR VIOLATIONS, HOW ABOUT OUR CHILDREN --

LOOKING OUT FOR THE SAFETY OF OUR CHILDREN, ESPECIALLY IN THE DEMOCRATIC

REPUBLIC OF CONGO, BECAUSE FOR THESE ELECTRIC VEHICLES THAT ARE BEING

MADE, THAT ARE BEING PRODUCED, WE KNOW THAT COBALT IS A MAJOR

ELEMENT THAT IS USED TO PRODUCE THE BATTERIES THAT ARE USED TO MAKE

ELECTRIC VEHICLES. ALL MOVED TO GET TO ZERO EMISSION BY 2035, SO ALL

NEW VEHICLES ARE GOING TO HAVE TO BE ELECTRIC. SEVENTY PERCENT OF THE

COBALT IS EXTRACTED IN THE DEMOCRATIC REPUBLIC OF CONGO. I KNOW YOU

GUYS ARE GETTING TIRED ABOUT ME TALKING ABOUT THIS. I APOLOGIZE, BUT I'M

GOING TO KEEP TALKING ABOUT IT UNTIL THIS BODY AND OTHERS IN THIS

ADMINISTRATION START ADDRESSING IT. BECAUSE FOR FAR TOO OFTEN,

WHENEVER I BRING UP THE ISSUE OF THE CLCPA - THIS IS ALL INTERTWINED

WITH THE CLCPA - I ALWAYS SAY MY PROBLEMS -- I HAVE SEVERAL ISSUES.

OBVIOUSLY, AFFORDABILITY AND COST AND RELIABILITY BECAUSE THE CLCPA

DOES NOT ADDRESS THAT ISSUE, PERIOD. THE CLIMATE ACTION COUNCIL DOES

NOT ADDRESS THAT ISSUE, PERIOD. ALL THEY -- PEOPLE TALK ABOUT -- THIS

ADMINISTRATION, OUR FRIENDS ON THE OTHER SIDE OF THE AISLE, THE CLIMATE

ACTION COUNCIL IS ALL "GREEN AND CLEAN." THAT'S IT. SO, WHEN I ASK THIS

ISSUE OF WHAT ARE WE GOING TO DO WHEN NEW YORK ONLY CONTRIBUTES .4

PERCENT OF THE TOTAL CARBON EMISSIONS GLOBALLY, .4 PERCENT, WHILE CHINA

CONTRIBUTES 29 PERCENT, WHAT IMPACT ARE WE REALLY GOING TO MAKE?

AND WHEN I BRING THAT ISSUE UP -- BECAUSE CHINA SEEMS TO (INAUDIBLE)

-- WHENEVER I BRING THAT ISSUE UP, WHAT I HEAR OVER AND OVER AGAIN FROM

THE OTHER SIDE OF THE AISLE AND OTHERS, NEW YORK'S GOING TO LEAD. WE'RE

NYS ASSEMBLY MAY 18, 2022

GOING TO LEAD. BUT YET WHEN I BRING UP THIS ISSUE OF THE CHILD LABOR

VIOLATIONS THAT ARE GOING ON IN THE DEMOCRATIC REPUBLIC OF CONDO,

WELL-DOCUMENTED -- WE HAD REPRESENTATIVES HERE YESTERDAY AND TALKED

ABOUT IT TO ADVOCATE FOR IT -- WE KNOW THAT CHILDREN ARE DYING, THEY'RE

BEING MAIMED AND BEING SERIOUSLY INJURED IN THESE MINING COLLAPSES.

IT'S WELL-DOCUMENTED. WHEN I BRING THAT UP -- I BROUGHT IT UP TO THE

COMMISSIONER OF DEC AT HEARINGS. I THINK ABOUT THAT ALL THE TIME, BUT

THAT'S UP TO THE FEDERAL GOVERNMENT. I BRING IT UP ON THE FLOOR.

EVERYONE ALWAYS SAYS IT'S UP TO THE FEDERAL GOVERNMENT TO ACT. I'M

SORRY, THAT'S UNACCEPTABLE AND THAT'S A HYPOCRITICAL ANSWER. IF YOU SAY

YOU'RE GOING TO LEAD ON THE CLCPA ON THAT FRONT YOU CAN'T IGNORE AND

PASS THE BUCK TO THE FEDERAL GOVERNMENT ON THE OTHER FRONT. THERE ARE

THINGS WE CAN DO TO SEND A VERY CLEAR MESSAGE ON ELECTRIC VEHICLES.

THE COMPTROLLER'S OFFICE USES THE INVESTMENT ALL THE TIME BECAUSE THEY

DID IT ON FOSSIL FUELS, HE'S DONE IT FOR OTHER ISSUES. WHY NOT ON THE

ISSUE OF ELECTRIC VEHICLES? IF THESE COMPANIES CAN'T SHOW AND

DOCUMENT AND PROVE THAT THEIR MATERIAL THAT'S BEING PRODUCED TO MAKE

THEIR ELECTRIC VEHICLES IS NOT BEING PRODUCED WITH CHILD LABOR, THEY

CAN'T VALIDATE THAT, THEN THERE SHOULD BE DIVESTMENT FROM THOSE SOURCES

TO SEND A VERY CLEAR MESSAGE THAT NEW YORK STATE, THE SO-CALLED

EMPIRE STATE, IS NOT GOING ACCEPT VEHICLES THAT ARE BEING MADE WITH

CHILD LABOR. THERE ARE BLOOD ON THE CHILDREN, THEY ARE DYING, THEY'RE

BEING MAIMED AND IT'S HAPPENING. SO THERE ARE THINGS IN OUR ARSENAL

THAT WE CAN DO TO SEND A VERY CLEAR MESSAGE TO THE COMPANIES WHO ARE

INVESTING. NEW YORK STATE SHOULD SAY, WE'RE NOT GOING TO INVEST,

NYS ASSEMBLY MAY 18, 2022

WE'RE GOING TO DIVEST IF THERE CAN'T BE ACTUAL DOCUMENTATION THAT THIS --

THE COBALT, THE LITHIUM AND EVERYTHING IS NOT BEING PRODUCED AND BEING

USED BY CHILD LABOR IF IT'S NOT CERTIFIED. IF WE'RE GOING TO JUST IGNORE

THAT AND SAY THE END -- IT'S ALMOST LIKE THE END JUSTIFIES THE MEANS, AND

THAT'S JUST UNACCEPTABLE FROM MY PERSPECTIVE. IF NEW YORK SAYS WE'RE

-- IF WE'RE GOING TO CONTINUE TO SAY WE'RE GOING TO LEAD ON THE CLCPA

WHILE WE CONTINUE TO GO DOWN THAT ROAD THAT'S GOING TO BE AN

AFFORDABILITY ISSUE, A RELIABILITY ISSUE IN 2030, YOU KNOW, WE TALKED

ABOUT THAT. NO MORE NATURAL GAS FOR EXISTING BUILDINGS. I MEAN, THIS IS

A CONCERN TO ME. I KNOW I GET FRUSTRATED WHEN WE TALK ABOUT THIS ISSUE,

BUT THIS IS REALLY REAL. AND THERE ARE SERIOUSLY NOT JUST THE AFFORDABILITY

AND RELIABILITY ISSUES, BUT THERE ARE ALSO SERIOUS HUMAN RIGHTS AND

ENVIRONMENTAL ISSUES WITH ELECTRIC VEHICLES. IF WE'RE GOING TO LEAD,

THEN LET'S LEAD ON THE WHOLE THING. DON'T SAY WE'RE JUST GOING TO LEAD

ON ONE END WHEN WE PUT ALL THESE MANDATES AND THESE COSTS AND ISSUES

ON TO THE PUBLIC, BUT THEN ON THIS ISSUE WHERE THERE ARE

WELL-DOCUMENTED CHILD LABOR VIOLATIONS WHERE CHILDREN ARE BEING

KILLED, THEY'RE BEING MAIMED, BEING INJURED IN THE DEMOCRATIC

REPUBLIC OF CONGO, YOU CAN'T IGNORE THAT SIDE OF IT AND SAY WE'RE GOING

TO LEAD. BECAUSE I THINK IF YOU DO, IT'S HYPOCRITICAL AND NOT RIGHT. AND

THERE ARE THINGS WE CAN DO WE SHOULD BE LOOKING AT AS A BODY AS WE

MOVE FORWARD TO SAY WE'RE NOT GOING TO ACCEPT AND MOVE FORWARD WITH

THIS AND WE CAN LOOK AT DIVESTMENT FROM COMPANIES THAT CAN'T

DOCUMENT THAT CHILD LABOR IS NOT BEING USED LIKE THE DEMOCRATIC

REPUBLIC OF CONGO OR OTHER AREAS WHERE SLAVE LABOR THAT'S BEING USED

NYS ASSEMBLY MAY 18, 2022

MAYBE IN CHINA OR SOMEWHERE. BECAUSE WE KNOW THOSE CHILD --

HUMAN RIGHTS VIOLATIONS -- I SAW THAT THE GOVERNOR SIGNED ON TO A LETTER

THAT SAID EXCESS -- ACCELERATE THE SOLAR TARIFF ISSUE WHEN WE KNOW

THERE'S ISSUES GOING ON THERE. SO I THINK THIS ALL PLAYS ON THE SAME

THING. IF WE'RE GOING TO LEAD, LET'S LOOK AT THE HUMAN RIGHTS AND WHAT'S

GOING ON IN THE DEMOCRATIC REPUBLIC OF CONGO. BECAUSE IF THAT WAS

HAPPENING HERE IN NEW YORK STATE OR IN THE -- THE U.S., IF WE KNEW

KIDS WERE DYING AND BEING MAIMED, NO ONE WOULD ACCEPT THAT. BUT

BECAUSE IT'S ACROSS THE WORLD IN THE CONGO, PEOPLE DON'T CARE OR THEY

DON'T WANT TO TALK ABOUT IT. THEY WANT TO PUT THEIR HEAD DOWN IN THE

SAND AND SAY IT'S UP TO THE FEDERAL GOVERNMENT. IF WE'RE NEW YORK

STATE AND WE'RE GOING TO LEAD, WE'RE -- WE'RE THE EMPIRE STATE, WE HAVE

TO LEAD ON THIS, TOO. IT'S NOT ENOUGH JUST TO SAY WE'RE GOING LEAD WITH

THESE CLEAN ENERGY BILLS. AND REMEMBER, THIS IS NOT -- GREEN IS NOT SO

GREEN WHEN WE'RE TALKING ABOUT THIS. THERE'S A LOT MORE WE COULD DO

ON THIS ISSUE. THERE'S A LOT MORE WE SHOULD BE DOING ON THE ISSUE,

THERE ARE ACTIONS WE CAN TAKE. WE CAN LEAD. AND I URGE MY COLLEAGUES

IN THIS BODY NOT TO KEEP PRAISING ELECTRIC VEHICLES WITHOUT TALKING

ABOUT THE DARK SIDE OF IT THAT'S HAPPENING WITH THIS. IT'S A REALITY AND

WE CAN'T IGNORE IT. I CERTAINLY AM NOT GOING TO START IGNORING IT. A

NUMBER OF MY COLLEAGUES ARE NOT GOING TO STOP IGNORING IT BECAUSE IT'S

THE RIGHT THING TO DO. SOMEONE NEEDS CAN'T SPEAK OUT FOR INDIVIDUALS

WHO CAN'T SPEAK OUT FOR THEMSELVES. THIS BODY HAS ALWAYS TALKED

ABOUT THAT. THIS IS AN ISSUE. THE END DOES NOT JUSTIFY THE MEANS

MOVING FORWARD WITH MORE ELECTRIC VEHICLES. I KNOW THIS HAS NOTHING

NYS ASSEMBLY MAY 18, 2022

TO DO WITH THIS BILL, BUT I'M USING MY TIME TO SAY IF WE'RE GOING TO

MOVE FORWARD WITH THIS, A BILL THAT'S CALLED THE ELECTRIC VEHICLES RIGHTS

ACT, WHAT ABOUT HUMAN RIGHTS? WHAT ABOUT THE RIGHTS OF THESE

CHILDREN WHO ARE DYING AND BEING MAIMED, ALL TO MAKE MAYBE A BUCK

OR SO A DAY BECAUSE THEY CAN'T GO TO SCHOOL BECAUSE THE GOVERNMENT

CHARGES THEM IN THE CONGO $6 A MONTH. SO THEY GET THESE WORK GANGS

THAT PICK UP THESE KIDS AND THEY GO AND THEY GO INTO THESE WELLS, THESE

MINES, WHERE THEY KNOW IT'S NOT -- THEY HAND MINE IT, THEY'RE ARTISANAL

MINES. AND THEY MAY MAKE A BUCK OR TWO A DAY IF THEY'RE LUCKY, AND

THEY'RE RISKING THEIR LIVES, THEY'RE RISKING SERIOUS INJURY.

MY COLLEAGUES, WE CAN DO MORE ON THIS. WE CAN LEAD

MORE ON THIS. THERE'S TOO MUCH AT STAKE. IT'S NOT ENOUGH TO SAY THIS IS

OKAY BECAUSE WE'VE GOT TO GET TO OUR CLEAN ENERGY GOALS. WE CAN'T PUT

-- PUT ASIDE HUMAN RIGHTS AND EVEN ENVIRONMENTAL CONCERNS WITH THIS

MINING FOR COBALT AND LITHIUM AND OTHER MATERIALS THAT ARE USED TO

PRODUCE THESE BATTERIES. LET'S DO IT THE RIGHT WAY. BECAUSE IF THIS WAS

HAPPENING IN THE U.S. THIS WOULD NOT BE ACCEPTABLE, AND THERE'S MORE

WE CAN DO. LET'S SEND A MESSAGE TO THESE ORGANIZATIONS, THESE

COMPANIES, THAT IF YOU'RE GOING TO DO IT, THEN YOU HAVE TO DEMONSTRATE

THAT IT'S NOT BEING USED OR PRODUCED WITH CHILD LABOR. SO THERE'S MUCH

MORE WE CAN DO.

SO I SEE WE'RE ENACTING AN ELECTRIC VEHICLES RIGHTS

ACT. LET'S NOT FORGET ABOUT THE CHILDREN WHO ARE MAKING THESE -- THE

PRODUCTS THAT GO INTO THOSE BATTERIES TO MAKE THESE ELECTRIC VEHICLES. I,

FOR ONE, AM NOT GOING TO FORGET THAT, AND FOR THOSE REASONS ALONE AND

NYS ASSEMBLY MAY 18, 2022

OTHER REASONS, I'M GOING TO BE VOTING NO ON THIS BILL AND I WOULD URGE

SOME OF MY COLLEAGUES TO JOIN ME. THANK YOU.

ACTING SPEAKER ANDERSON: THANK YOU, MR.

PALMESANO.

READ THE LAST SECTION.

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

DAY.

ACTING SPEAKER ANDERSON: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY PRINT 6165-A. 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. WALSH.

MS. WALSH: THANK YOU, MR. SPEAKER. THIS IS A

PARTY VOTE IN THE NEGATIVE BY THE MEMBERS OF OUR CONFERENCE.

HOWEVER, IF THERE ARE MEMBERS WHO WISH TO BE RECORDED DIFFERENTLY,

THEY SHOULD CONTACT THE MINORITY LEADER'S OFFICE OR VOTE ACCORDINGLY

IN THE CHAMBER.

THANK YOU SO MUCH.

ACTING SPEAKER ANDERSON: THANK YOU, MS.

WALSH.

MS. SOLAGES.

MS. SOLAGES: THANK YOU, MR. SPEAKER. THIS IS A

PARTY VOTE IN THE AFFIRMATIVE. ANY MEMBER THAT WISHES TO VOTE IN THE

NEGATIVE, WE ASK THEM TO CALL THE MAJORITY LEADER'S OFFICE AND WE WILL

NYS ASSEMBLY MAY 18, 2022

ANNOUNCE THEIR NAME ACCORDINGLY.

ACTING SPEAKER ANDERSON: SO NOTED.

(THE CLERK RECORDED THE VOTE.)

MR. EPSTEIN TO EXPLAIN HIS VOTE.

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

EXPLAIN MY VOTE. FIRST OF ALL, IT'S GOOD SEEING YOU UP THERE. THIS BILL IS

A REALLY A SIMPLE BILL THAT HELPS HOMEOWNERS AND HOMEOWNERS

ASSOCIATIONS THAT EXERCISE A RIGHT THAT THEY SHOULD BE HAVING. IF YOU

BELIEVE THAT YOU WANT TO GET AN ELECTRIC VEHICLE BECAUSE THAT'S WHAT YOU

WANT, AND MAYBE YOU WANT TO DO IT BECAUSE OF COST, MAYBE YOU WANT TO

DO IT FOR THE ENVIRONMENT, BUT YOU NEED THE STRUCTURE IN PLACE. ALL THIS

SAYS IS A HOMEOWNERS ASSOCIATION CAN'T PUT UNREASONABLE BARRIERS IN

FRONT OF YOU TO PREVENT THAT FROM HAPPENING. WE BELIEVE IN RIGHTS OF

HOMEOWNERS, AND THIS JUST SAYS THAT THE ASSOCIATION NEEDS TO WORK WITH

THEIR HOMEOWNERS TO ENSURE THAT THIS HAPPENS. IT'S A SIMPLE,

STRAIGHTFORWARD BILL, A PRO-ENVIRONMENT BILL. IT'S A PRO-HOMEOWNER BILL

AND I ENCOURAGE ALL MY COLLEAGUES TO VOTE IN FAVOR OF THIS BILL AND

THANK YOU, MR. SPEAKER.

ACTING SPEAKER ANDERSON: MR. EPSTEIN IN

THE AFFIRMATIVE.

MS. WALSH.

MS. WALSH: THANK YOU, MR. SPEAKER. WOULD YOU

PLEASE RECORD ASSEMBLYMEMBER KEITH BROWN IN THE AFFIRMATIVE ON

THIS PIECE OF LEGISLATION?

THANK YOU.

NYS ASSEMBLY MAY 18, 2022

ACTING SPEAKER ANDERSON: SO NOTED.

THANK YOU.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MS. WALSH FOR THE PURPOSES OF AN INTRODUCTION.

MS. WALSH: THANK YOU SO MUCH, MR. SPEAKER, FOR

ALLOWING ME TO INTERRUPT OUR PROCEEDINGS BRIEFLY FOR AN INTRODUCTION ON

BEHALF OF ASSEMBLYMEMBER JODY GIGLIO. WE'D LIKE TO INTRODUCE

RIVERHEAD TOWN SUPERVISOR YVETTE AGUIAR -- I HOPE I'M SAYING THAT

CORRECTLY -- WHO IS THE FIRST LATINA SUPERVISOR SINCE RIVERHEAD WAS

ESTABLISHED IN 1792. SHE IS HERE WITH HER HUSBAND PAUL KARR. AND THE

SUPERVISOR IS ALSO THE -- ON THE NYPD ANTI-TERRORISM TEAM. SO WE

WELCOME HER TO THE NEW YORK STATE ASSEMBLY AND, MR. SPEAKER,

WOULD YOU PLEASE AFFORD TO HER AND HER HUSBAND PAUL KARR THE

CORDIALITIES OF THE HOUSE.

ACTING SPEAKER ANDERSON: THANK YOU, MS.

WALSH. AND ON BEHALF OF MS. WALSH, THE SPEAKER AND ALL THE

MEMBERS, WE WELCOME OUR DISTINGUISHED GUESTS TO THE CHAMBER THIS

AFTERNOON. PLEASE, WE WILL EXTEND THE PRIVILEGES OF THE FLOOR AND HOPE

YOU ENJOY THE PROCEEDINGS. THANK YOU SO MUCH FOR YOUR SERVICE, AND

CONTINUE TO DO GREAT WORK IN YOUR NEIGHBORHOOD AND IN OUR

COMMUNITIES ACROSS THE STATE. THANK YOU SO MUCH. THANK YOU SO

MUCH.

(APPLAUSE)

NYS ASSEMBLY MAY 18, 2022

PAGE 8, RULES REPORT NO. 189, THE CLERK WILL READ.

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 ANDERSON: AN EXPLANATION

IS REQUESTED, MR. THIELE.

MR. THIELE: THANK YOU, MR. SPEAKER. THIS BILL

WOULD AMEND SECTION 233(A) OF THE REAL PROPERTY LAW. THAT SECTION

DEALS WITH THE SALE OF MANUFACTURED HOME OR MOBILE HOME PARKS IN THE

STATE OF NEW YORK, AND SPECIFICALLY THIS SECTION OF LAW PROVIDES FOR A

RIGHT OF FIRST REFUSAL WHEN A PARK IS UP FOR SALE AND THERE'S A BONA FIDE

OFFER. A RIGHT OF FIRST REFUSAL FOR THE HOMEOWNERS IN THAT PARK FOR THEIR

ASSOCIATION AS A RIGHT OF FIRST REFUSAL AND THERE'S A WHOLE PROCEDURE

ABOUT HOW THEY COULD EXERCISE THAT RIGHT OF FIRST REFUSAL. UNDER THE

CURRENT LAW, THAT RIGHT OF FIRST REFUSAL ONLY EXISTS IN A SITUATION WHERE

THE -- THE NEW PURCHASER CERTIFIES THAT THEY'RE GOING TO CHANGE THE USE

OF THE PARK. THAT'S THE ONLY TIME WHERE THERE'S A RIGHT OF FIRST REFUSAL.

THIS BILL WOULD CHANGE THAT BY -- BY CREATING THAT RIGHT OF FIRST REFUSAL

ANY TIME THAT THE PARK IS UP FOR SALE.

ACTING SPEAKER ANDERSON: THANK YOU, MR.

THIELE.

MS. WALSH.

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

NYS ASSEMBLY MAY 18, 2022

SPONSOR YIELD?

MR. THIELE: YES.

ACTING SPEAKER ANDERSON: WILL YOU YIELD?

THE SPONSOR WILL YIELD.

MS. WALSH: THANK YOU. SO, HOW LONG -- IF YOU

KNOW, HOW LONG HAS THE CURRENT LAW BEEN IN PLACE ALLOWING THIS RIGHT

OF FIRST REFUSAL WHEN THERE'S GOING TO BE A CHANGE IN USE UPON THE SALE

OF THE -- OF THE MANUFACTURED COMMUNITY?

MR. THIELE: SINCE 2008.

MS. WALSH: 2008. AND DO YOU HAPPEN TO KNOW

HOW MANY TIMES THIS HAS ACTUALLY -- IT ACTUALLY HAPPENED THAT A

HOMEOWNERS ASSOCIATION COMES IN AND -- AND PURCHASES OR MAKES AN

OFFER TO PURCHASE THE PROPERTY ON THAT BASIS?

MR. THIELE: I DON'T HAVE NUMBERS. I -- I KNOW THAT

IT DOES HAPPEN AND I KNOW IT HAS HAPPENED IN MY DISTRICT. THE

PARKVIEW MOBILE HOME PARK IN THE FLANDERS PORTION OF MY DISTRICT

AND THE -- THE -- THAT WAS THE SITUATION WHERE THE PARK WAS UP FOR SALE

AND THEY WERE ABLE TO MATCH THE OFFER AND -- AND ACQUIRE THE PARK. I

KNOW THAT THE HCR DOES HAVE A PROGRAM TO HELP WITH THIS SITUATION AS

FAR AS FINANCING AND TECHNICAL ASSISTANCE. I -- I DON'T HAVE A NUMBER,

THOUGH, AS TO HOW MANY TIMES.

MS. WALSH: OKAY. SO WHEN YOU'VE GOT A

MANUFACTURED HOUSING PARK LIKE THIS, IS THERE ALWAYS A HOMEOWNERS

ASSOCIATION OR A TENANTS ASSOCIATION THAT'S THERE?

MR. THIELE: NOT ALWAYS.

NYS ASSEMBLY MAY 18, 2022

MS. WALSH: IT'S NOT REQUIRED BY THE LAW?

MR. THIELE: NOT REQUIRED BY THE LAW. THE WAY

THIS LAW WOULD WORK IS THAT IF THERE WAS AN OFFER TO PURCHASE AND THERE

IS A HOMEOWNERS ASSOCIATION, IT'S THE HOMEOWNERS ASSOCIATION THAT GETS

NOTIFIED. IF THERE IS NO HOMEOWNERS ASSOCIATION, ALL OF THE -- ALL OF THE

PARK OWNER -- ALL OF THE HOMEOWNERS IN THE PARK WOULD HAVE TO BE

NOTIFIED. THEY WOULD HAVE THE OPPORTUNITY TO FORM AN ASSOCIATION TO

EXERCISE THIS RIGHT. BUT THE -- THE TIME PERIOD IS THE SAME WHETHER

THERE'S AN ASSOCIATION OR NOT. THEY WOULD HAVE TO MATCH THE OFFER OR

EXERCISE THEIR RIGHT OF FIRST REFUSAL WITHIN 140 DAYS.

MS. WALSH: OKAY. THAT WAS MY NEXT QUESTION

WAS, THAT 140-DAY PERIOD IS UNDER OUR EXISTING LAW, TOO.

MR. THIELE: THAT'S CORRECT. WE DIDN'T CHANGE

ANYTHING WITH REGARD TO THE PROCEDURE, ONLY THE CIRCUMSTANCES WHEN

THE RIGHT OF FIRST REFUSAL ACTUALLY OCCURS.

MS. WALSH: AND COULD YOU JUST EXPLAIN WHAT THE

RATIONALE IS FOR EXPANDING THE RIGHT OF FIRST REFUSAL TO BE IN ALL

CIRCUMSTANCES, NOT JUST WHEN THE USE OF THE PROPERTY IS GOING TO BE

CHANGED?

MR. THIELE: CERTAINLY. WELL, I -- FIRST OF ALL, I -- I

HAPPEN TO HAVE BEEN HERE IN 2008 WHEN THIS BILL PASSED, AND THE BILL

THAT WE STARTED WITH LOOKED A LOT LIKE THE BILL THAT'S ON THE FLOOR TODAY.

BUT IT WAS A MATTER OF AT THAT TIME WHAT -- WHAT COULD BE PASSED, AND

SO IT WAS LIMITED TO JUST WHEN THERE WAS GOING TO BE A CHANGE OF USE.

SO WHAT WE HAVE BEFORE US TODAY WAS ALWAYS THE ORIGINAL INTENT, WAS

NYS ASSEMBLY MAY 18, 2022

TO HAVE THIS RIGHT OF FIRST REFUSAL. AND I THINK THE REASON TO DO IT THIS

WAY IS -- IS THAT THE FACT THAT MANUFACTURED HOME PARKS, MOBILE HOME

PARKS, PROVIDE ONE OF, AT LEAST IN MY AREA AND ASSEMBLY --

ASSEMBLYMEMBER GIGLIO'S AREA, PROVIDES ONE OF THE FEW OPPORTUNITIES

FOR AFFORDABLE HOUSING FOR SENIORS, FOR YOUNG FAMILIES, ET CETERA, AND

THESE PARKS ARE BEING CONVERTED TO OTHER USES. AND THEY'RE ALSO

EXCHANGE -- YOU KNOW, EXCHANGING OWNERSHIP.

WHEN I -- WHEN I FIRST GOT INVOLVED WITH THIS

LEGISLATION, A LOT OF THE MOBILE HOME PARKS IN MY DISTRICT AND MEMBER

GIGLIO'S DISTRICT, THEY WERE OWNED BY LOCAL FAMILIES. MACLEOD'S

MOBILE HOME PARK IN RIVERHEAD, IT WAS THE STARK FAMILY THAT OWNED A

LOT AND STILL DOES OWN A LOT OF MOBILE HOME PARKS. AND -- AND THEY

HAVE BEEN SOLD IN RECENT YEARS TO OUT-OF-STATE LARGE REAL ESTATE

INTERESTS. THE QUALITY -- THE CAPITAL INVESTMENT, THE QUALITY OF SERVICES

HASN'T QUITE BEEN THE SAME. THE OTHER THING I -- I WOULD SAY WITH

REGARD TO THE ORIGINAL LAW THE WAY IT IS WRITTEN NOW IS THAT IT ONLY

DELAYS THAT CONVERSION BECAUSE WHEN A NEW OWNER COMES IN THEY ONLY

AGREE THAT THEY WON'T CONVERT THE PARK TO ANOTHER USE FOR UP TO FIVE

YEARS, BUT ULTIMATELY THEY CAN. SO THIS BILL, YOU KNOW, WOULD STOP -- IT

WOULD PROVIDE AT LEAST A TOOL TO TRY TO ARREST THAT KIND OF CONVERSION. IT

ALSO GIVES MORE AUTONOMY TO THE HOMEOWNERS THAT LIVE IN THESE PARKS.

AS I SAID, MANY SENIORS, PEOPLE ON FIXED INCOME, PEOPLE THAT ARE TRYING

TO JUST HAVE THEIR -- THEIR FIRST HOME. AND, YOU KNOW, THE -- THE MOBILE

HOME PARK, MANUFACTURED HOME PARKS, THEY'RE NEITHER FISH NOR FOWL.

THEY -- THEY HAVE ELEMENTS OF HOMEOWNERSHIP, THEY HAVE ELEMENTS OF

NYS ASSEMBLY MAY 18, 2022

LANDLORD-TENANT, AND IT REALLY CREATES A SPECIAL SITUATION WHERE THEY

DON'T REALLY HAVE TOTAL CONTROL OVER THEIR HOUSING SITUATION. SO WHEN A

PARK DOES COME UP FOR SALE THIS WOULD AT LEAST GIVE THEM THE

OPPORTUNITY TO BE ABLE TO DO THAT, WHICH THE CURRENT LAW DOESN'T

PROVIDE LONG-TERM SECURITY AND STABILITY IN THAT REGARD.

MS. WALSH: THANK YOU FOR THAT. SO, IN THIS

SITUATION IS THERE A RISK -- WHAT IF YOU HAVE, FOR EXAMPLE, ANOTHER

DEVELOPER THAT IS INTERESTED IN POTENTIALLY PURCHASING THIS PROPERTY?

COULD THEY KIND OF BEHIND THE SCENES WORK THROUGH THE TENANTS

ASSOCIATION OR THE HOMEOWNERS ASSOCIATION TO TRY TO BLOCK THE SALE TO

THE -- TO THE OTHER POTENTIAL PURCHASER?

MR. THIELE: WELL, THE WAY THE LAW IS CURRENTLY

WRITTEN IT IS -- THE TITLE TO THE PARK WOULD GO TO THE -- TO THE

HOMEOWNERS ASSOCIATION. AND SO IT -- THAT WOULD BE A FAIRLY

CONVOLUTED WAY TO DO THAT. AND I DON'T THINK -- I DON'T THINK YOU'D

HAVE A WILLING CONSPIRATOR WITH A HOMEOWNERS ASSOCIATION WHO WOULD

WANT TO WORK WITH ANOTHER DEVELOPER. I THINK THAT, YOU KNOW, THEY'RE

-- THEY'RE LOOKING FOR -- YOU KNOW, PROTECTING THEIR OWN RIGHTS AND OWN

SECURITY.

MS. WALSH: VERY GOOD. THANK YOU VERY MUCH FOR

ANSWERING MY QUESTIONS.

MR. THIELE: THANK YOU.

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

ACTING SPEAKER ANDERSON: ON THE BILL, MS.

WALSH.

NYS ASSEMBLY MAY 18, 2022

MS. WALSH: SO I, TOO, IN MY DISTRICT HAPPEN TO

HAVE A NUMBER -- I -- I -- I DID NOT REALIZE UNTIL I CAME TO THIS WORK IN

THE ASSEMBLY JUST HOW MANY MANUFACTURED HOMES I HAD IN MY DISTRICT.

AND I HAVE RECEIVED COMPLAINTS FROM SOME OWNERS OF MANUFACTURED

HOMES THAT ONCE THERE'S A TRANSFER TO A NEW OWNER, THEY'RE GETTING --

THEY'RE GETTING KICKED OUT, THEY'RE GETTING -- THEY'RE -- THEY'RE BEING --

THEY'RE BEING BASICALLY FORCED OUT. AND THAT'S EVEN WHEN THERE ISN'T

GOING TO BE A CHANGE IN USE. SO I DO THINK THAT -- I RESPECT WHAT THE

SPONSOR SAID THAT THIS TYPE OF SITUATION IS KIND OF NEITHER FISH NOR FOWL.

I THINK THAT THAT'S REALLY TRUE. THERE IS -- IT -- IT IS SORT OF LIKE A GRAY

AREA THAT I THINK THAT WHEN INDIVIDUALS ARE -- ARE IN THIS TYPE OF

COMMUNITY THEY -- THEY DON'T HAVE ALL OF THE SAME PROPERTY RIGHTS THAT

OWNERS OF SINGLE-FAMILY DWELLINGS DO, THINGS LIKE THAT, AND THAT'S

KNOWN WHEN THEY GO IN. BUT I DO UNDERSTAND, I THINK, THE RATIONALE FOR

THE EXPANSION IN THE LAW. I DO APPRECIATE THAT.

WE DO HAVE SOME OPPOSITION TO THIS LEGISLATION THAT I

WANTED TO MAKE MY COLLEAGUES AWARE OF. THE NEW YORK HOUSING

ASSOCIATION, THEY OPPOSE THIS LEGISLATION BECAUSE THEY SAY IT WILL

DISCOURAGE INVESTMENT IN MANUFACTURED HOME COMMUNITIES,

PARTICULARLY IN OLDER COMMUNITIES THAT NEED CAPITAL INVESTMENT TO MAKE

IMPROVEMENTS. THEY SAY THAT THE 140-DAY PROCESS THAT'S OFFERED UP TO

ALLOW A HOMEOWNERS ASSOCIATION TO COME UP AND MATCH THE OFFER AND

TO EXERCISE THEIR RIGHT OF FIRST REFUSAL IS A LONG PERIOD OF TIME, AND IT --

IT KEEPS THE PROPOSED PURCHASER ON THE HOOK FOR NEARLY FIVE MONTHS

WHILE THE HOMEOWNERS ASSOCIATION, IF ONE EVEN EXISTS, FIGURES OUT IF

100

NYS ASSEMBLY MAY 18, 2022

THEY WANT OR ARE ABLE TO PURCHASE THE COMMUNITY AND THAT THAT'S GOING

TO HAVE AN IMPACT BECAUSE IT'S GOING TO CREATE A SITUATION WHERE

HIGH-QUALITY COMMUNITY OWNERS SEEKING TO EXPAND THEIR PORTFOLIOS ARE

GOING TO SIMPLY LOOK TO OTHER LOCATIONS THAT DON'T HAVE A RIGHT OF FIRST

REFUSAL LAW. AND QUOTING FROM THEIR MEMORANDUM IN OPPOSITION THEY

SAY, IT SHOULD BE NOTED THAT A RIGHT OF FIRST REFUSAL IS NOT A PANACEA. IT

IS NOT EASY TO TRANSITION FROM BEING A RESIDENT TO LEARNING WHAT IT

MEANS TO RUN A COMMUNITY OR TO RAISE THE MONEY NECESSARY TO

PURCHASE ONE. THEY'D HAVE TO -- THEY HAVE WOULD HAVE TO FIGURE OUT

HOW TO CREATE THESE UP -- UPGRADES, HOW TO HAVE SUFFICIENT RESOURCES TO

COMPLETE NEEDED INFRASTRUCTURE WORK WITHIN THE PERMITTED FRAMEWORK

OF RENT. AND OVERALL, THAT IT WILL DISCOURAGE INVESTMENT IN THESE TYPES

OF COMMUNITIES. SO WE DID HAVE SOME MEMBERS WHO WERE IN

OPPOSITION AT THE COMMITTEE LEVEL, AND I WOULD EXPECT THAT THERE WILL

BE MEMBERS WHO WILL BE OPPOSING IT AS WELL ON THE VOTE THIS

AFTERNOON. BUT I THINK THAT SPEAKING FOR MYSELF AND FOR MY OWN

DISTRICT, I DON'T KNOW HOW OFTEN THIS WOULD BE EXERCISED BUT I THINK

THIS -- THIS IS A PIECE OF LEGISLATION I PERSONALLY WILL BE SUPPORTING, BUT

I THINK THAT THERE WILL BE CERTAINLY MEMBERS WHO WILL BE IN

DISAGREEMENT WITH ME AND THAT'S WHAT MAKES THIS SUCH A -- A WONDERFUL

SYSTEM THAT WE HAVE HERE ON THE FLOOR.

BUT THANK YOU VERY MUCH, MR. SPEAKER. THANK YOU

TO THE SPONSOR FOR ANSWERING MY QUESTIONS.

ACTING SPEAKER ANDERSON: THANK YOU, MS.

WALSH.

101

NYS ASSEMBLY MAY 18, 2022

MS. GIGLIO.

MS. GIGLIO: THANK YOU, MR. SPEAKER. I WOULD LIKE

TO THANK THE SPONSOR FOR PUTTING THIS LEGISLATION FORWARD. I HAVE BEEN

WORKING VERY CLOSELY WITH THE MANUFACTURED HOME PARKS WITHIN MY

COMMUNITY AND MY DISTRICT FOR MANY, MANY YEARS, MORE THAN TEN YEARS.

AND THEY ARE GREAT PEOPLE BUT THEY ARE LIVING IN FEAR. THEY ARE LIVING

IN FEAR BECAUSE THE PARKS ARE BEING SOLD TO CAPITALISTS IN UTAH OR

ANYWHERE ELSE THROUGHOUT THE COUNTRY. THEY ARE NOT FULFILLING THEIR

OBLIGATIONS UNLESS THE TOWNS, THE LOCAL MUNICIPALITIES OF THAT ZONING,

REQUIRING THEM TO DO SO, SUCH AS DRAINAGE, SUCH AS LIGHTING, SUCH AS,

YOU KNOW, CLUBHOUSES THAT THEY HAVE ON THE PROPERTIES. SO THERE ARE

MORE THAN 2,500 MANUFACTURED HOMES IN MY DISTRICT, AND AS I SAID, I'VE

WORKED VERY CLOSELY WITH THESE PEOPLE. THE MANUFACTURED HOMES

PROVIDE AFFORDABLE HOUSING. IT ALSO PROVIDES FAMILY HOUSING FOR THOSE

THAT MAY NOT BE ABLE TO BUY A HOME. SO THEY LIVE ON THESE PROPERTIES

AND THEY ATTEND THE SCHOOLS AND WE TRY TO CREATE PLAYGROUNDS FOR THEM

IN THEIR VICINITIES AND THEY -- THEY LIVE A GOOD LIFE. A LOT OF OUR

VETERANS ALSO LIVE IN THESE MANUFACTURED HOME PARKS. SO THE FEAR OF

THE PARK BEING SOLD AND ALL OF THESE PEOPLE, 2,500-PLUS FAMILIES, COULD

BE HOMELESS IN A MATTER OF A DAY. SO THAT FEAR EXISTS. AS FAR AS CAPITAL

INVESTMENTS, AS I SAID, LOCAL ZONING -- I, MYSELF, AS A LOCAL LEGISLATOR,

WOULD REQUIRE THE PARK OWNER TO GO IN AND MAKE IMPROVEMENTS IF IT

WAS REGARDING PUBLIC HEALTH, SAFETY AND WELFARE. AND AS FAR AS THE

HOMEOWNERS RUNNING THE MANUFACTURED HOME PARK, I WOULD PRESUME

THAT THEY WOULD HIRE A MANAGEMENT COMPANY TO DO SO AND TO HELP

102

NYS ASSEMBLY MAY 18, 2022

ORGANIZE THE FUNDS IN ORDER TO ACQUIRE THE PARK.

SO AGAIN, I WANT TO THANK THE SPONSOR FOR THE BILL.

THIS IS SOMETHING THAT I KNOW HE'S BEEN WORKING ON FOR QUITE SOME

TIME. AND I KNOW THAT MY RESIDENTS IN MY DISTRICT ARE GOING TO BE VERY

HAPPY AND TAKE COMFORT IN THIS BILL. AND IT -- IT'S A SMALL STEP FOR THE

PEOPLE THAT LIVE WITHIN THESE PARKS, BUT IT'S A BIG STEP IN THAT THEY HAVE

A RIGHT OF FIRST REFUSAL.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER ANDERSON: THANK YOU, MS.

GIGLIO.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER ANDERSON: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY PRINT 6231. 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. WALSH.

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

REPUBLICAN CONFERENCE WILL GENERALLY BE ANTICIPATED TO BE IN THE

NEGATIVE ON THIS BILL. BUT IF MEMBERS WISH TO CAST THEIR VOTE IN THE

AFFIRMATIVE THEY SHOULD DO SO ON THE FLOOR OR BY CALLING THE MINORITY

LEADER'S OFFICE.

THANK YOU.

ACTING SPEAKER ANDERSON: THANK YOU, MS.

103

NYS ASSEMBLY MAY 18, 2022

WALSH.

MS. SOLAGES.

MS. SOLAGES: THE MAJORITY MEMBERS WILL BE

VOTING IN THE AFFIRMATIVE. ANYONE WISHING TO VOTE AGAINST THIS

MEASURE SHOULD CALL THE MAJORITY LEADER'S OFFICE AND WE WILL

ANNOUNCE YOUR NAME ACCORDINGLY.

ACTING SPEAKER ANDERSON: THANK YOU, MS.

SOLAGES.

(THE CLERK RECORDED THE VOTE.)

MS. WALSH.

MS. WALSH: THANK YOU VERY MUCH, MR. SPEAKER.

WOULD YOU PLEASE RECORD THE FOLLOWING MEMBERS IN THE AFFIRMATIVE ON

THIS LEGISLATION: MR. KEITH BROWN, ASSEMBLYMEMBER JOE DESTEFANO,

GANDOLFO AND DOUG SMITH.

THANK YOU.

ACTING SPEAKER ANDERSON: THANK YOU, MS.

WALSH. SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MS. SOLAGES.

MS. SOLAGES: THANK YOU, MR. SPEAKER. WE ARE

GOING TO CONTINUE OUR WORK FOR TODAY WITH SEVERAL BILLS IN WHICH I'M

GOING TO ANNOUNCE RIGHT NOW. RULES REPORT NO. 193, MR. HEVESI;

RULES REPORT NO. 199, MR. THIELE; RULES REPORT NO. 202, MS.

104

NYS ASSEMBLY MAY 18, 2022

GONZ�LEZ-ROJAS; AND RULES REPORT NO. 2 -- 227, MR. GOTTFRIED.

ACTING SPEAKER ANDERSON: THANK YOU.

PAGE 8, RULES REPORT NO. 195 [SIC], THE CLERK WILL

READ.

THE CLERK: SENATE NO. S06389, RULES REPORT NO.

193, SENATOR BRISPORT (A07347, 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 ANDERSON: AN EXPLANATION

HAS BEEN REQUESTED, MR. HEVESI.

MR. HEVESI: MR. SPEAKER, GOOD TO SEE YOU, ALL MY

COLLEAGUES. THIS BILL CURES A PROBLEM IN THE EXISTING LAW OF AN

UNMARRIED BUT LEGALLY ADJUDICATED FATHER OF A CHILD HAVING HIS PARENTAL

RIGHTS TERMINATED WITHOUT A PROPER HEARING, WHICH IS A VIOLATION OF HIS

CONSTITUTIONAL RIGHTS.

ACTING SPEAKER ANDERSON: MS. WALSH.

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

SPONSOR YIELD?

ACTING SPEAKER ANDERSON: MR. HEVESI, WILL

YOU YIELD?

MR. HEVESI: YES, SIR. THANK YOU.

ACTING SPEAKER ANDERSON: THE SPONSOR WILL

105

NYS ASSEMBLY MAY 18, 2022

YIELD.

MS. WALSH: THANK YOU VERY MUCH. SO, AS YOU

EXPLAINED, COULD YOU JUST TALK A LITTLE BIT ABOUT UNDER CURRENT LAW WHAT

THIS BILL IS ATTEMPTING TO CURE AND FIX?

MR. HEVESI: YEAH, SO IT'S A GREAT QUESTION, IT'S A

LITTLE COMPLICATED. SO CURRENTLY, UNMARRIED FATHERS IN A SPECIFIC

CIRCUMSTANCE, IF THEIR CHILD IS IN FOSTER CARE AND THE CHILD COMES UP FOR

A PUBLIC ADOPTION, THE UNMARRIED FATHER GETS NOTICE THAT THAT'S ABOUT TO

HAPPEN AND CAN COME AND TRY TO CONTEST THAT ADOPTION IF HE WISHES,

LIKE MARRIED MOTHERS AND FATHERS. THE PROBLEM IS THERE'S AN EXTRA

BURDEN WRITTEN INTO A 1970'S LAW ONLY FOR UNMARRIED FATHERS THAT THEY

ARE RESPONSIBLE FOR PAYING A REIMBURSEMENT TO THE FOSTER CARE AGENCY

THAT FREQUENTLY THEY HAVEN'T EVEN BEEN NOTIFIED THAT THAT WAS THEIR

OBLIGATION. SO THEY'RE THE ONLY SET OF PARENTS -- THE UNMARRIED FATHER IS

THE ONLY SET OF PARENTS THAT HAVE THAT OBLIGATION, THEREFORE, IT'S UNEQUAL

AND UNFAIR FOR THEM AND UNCONSTITUTIONAL.

MS. WALSH: SO, IT WAS INTERESTING WHEN I FIRST TOOK

A LOOK AT THIS BILL I REACHED OUT TO -- TO MY DEPARTMENT OF SOCIAL

SERVICES THAT I DO A LOT OF WORK WITH, THAT I USED TO WORK FOR, AND KIND

OF ASKED THEM ABOUT THIS SECTION OF THE LAW AND WHAT THEIR REGULAR

PRACTICE IS. AND I SEE -- BUT I DO ALSO LOOK AT THE BILL TEXT AND I THINK

THAT THERE IS POSSIBLY A DISCREPANCY BETWEEN WHAT THE LAW SAYS AND

WHAT PRACTICE IS BEING FOLLOWED BY AT LEAST MY SOCIAL SERVICE AGENCY.

WHAT -- WHAT THEY'VE TOLD ME IS THAT WHEN THEY HAVE A CHILD THAT IS IN

FOSTER CARE, THAT'S IN STRANGER FOSTER CARE, THEY MAKE DILIGENT EFFORTS TO

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NYS ASSEMBLY MAY 18, 2022

TRY TO LOCATE -- AND THE PARTIES ARE NOT -- AND THE PARENTS ARE NOT

MARRIED, THEY MAKE A DILIGENT EFFORT TO TRY TO LOCATE THE FATHER. AND

SOMETIMES, YOU KNOW, THE MOTHER DOESN'T COOPERATE, DOESN'T WANT TO

GIVE UP THE NAME. SOMETIMES HE'S JUST NOT IN THE PICTURE. BUT THEY --

THEY NOT -- THEY REALLY DO LOOK AND THEY -- THEY SOMETIMES WILL TAKE ADS

OUT, THEY CHECK THE PUTATIVE FATHER REGISTRY. THEY -- THEY -- THEY ASK

OTHER INDIVIDUALS WHO MAY KNOW. AND THEY HAVE TO -- EVERY SIX

MONTHS THAT THE CHILD IS IN FOSTER CARE THEY HAVE TO DO WHAT'S -- A

PERMANENCY REPORT WHERE THEY IN PART HAVE TO IDENTIFY ALL OF THE

DILIGENT EFFORTS THAT THEY MADE TO NOT ONLY LOCATE THIS FATHER, BUT TO --

BUT IF FOUND TO ALSO TRY TO FACILITATE CONTACT BETWEEN THE FATHER AND THE

CHILD. SO I -- I WANT TO DIRECT AND LET'S JUST TALK A LITTLE BIT ABOUT -- IT

DOES GET -- LIKE YOU SAID, IT IS KIND OF COMPLICATED. BUT IN THE LAW IT

TALKS ABOUT -- LET ME GET IT IN FRONT OF ME -- THE DIFFERENT THINGS THAT THIS

UNMARRIED FATHER WOULD NEED TO SHOW --

MR. HEVESI: RIGHT.

MS. WALSH: -- IN ORDER TO KIND OF HAVE STANDING TO

-- TO GET THE DUE PROCESS. AND ONE IS THAT HE'S HAD CONTACT. IT SAYS --

OKAY, SO PAGE -- I THINK I'M ON PAGE 3, STARTING AROUND LINE 41. IT TALKS

ABOUT THAT THE FATHER IS GOING TO HAVE TO MAINTAIN SUBSTANTIAL AND

CONTINUOUS OR REPEATED CONTACT WITH THE CHILD AS MANIFESTED BY, A, THE

PAYMENT BY THE FATHER TOWARDS THE SUPPORT OF THE CHILD OF A FAIR AND

REASONABLE SUM ACCORDING TO THE FATHER'S MEANS, AND EITHER, B, THE

FATHER VISITING THE CHILD AT LEAST MONTHLY, ET CETERA, ET CETERA, OR, C, THE

FATHER'S REGULAR COMMUNICATION WITH THE CHILD.

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NYS ASSEMBLY MAY 18, 2022

MR. HEVESI: MM-HMM.

MS. WALSH: SO WHAT I WAS TOLD BY MY -- BY MY

DSS IS THAT THEY DON'T REALLY -- THAT THE -- THE PAYMENT OF THE MONEY IS

NOT DETERMINATIVE TO THEM AT ALL. WHAT THEY'RE LOOKING FOR IS CONTACT,

THAT THEY COULD FACILITATE MEANINGFUL CONTACT WITH THE CHILD. IT COULD

BE SOMETHING LIKE IF THE -- IF THE FATHER IS OUT OF TOWN THEY COULD DO

ZOOM CALLS, THEY COULD TRY TO ARRANGE FOR A VISIT. THEY'LL EVEN PROVIDE

HELP WITH TRANSPORTATION TO FACILITATE VISITS. YOU KNOW, ALL -- ALL IN THE

CHILD'S BEST INTEREST ASSUMING THAT THE FATHER HAS NOT, YOU KNOW, GOT

SOME BIG PROBLEM WHERE WE WOULDN'T WANT THERE TO BE THAT KIND OF

CONTACT WITH THE CHILD. BUT -- BUT WHAT I GUESS -- BUT WHAT I WANTED TO

KNOW WAS WHY DIDN'T YOU JUST CHANGE THE LAW SO THAT INSTEAD OF SAYING

PAYMENT OF MONEY AND ONE OF THESE OTHER THINGS, JUST MAKE ANY ONE OF

THEM FACTORS TO BE CONSIDERED BY THE DEPARTMENT IN -- IN -- YOU KNOW,

SO MAKE A -- TAKE A -- TAKE AN "AND" AND JUST MAKE IT AN "OR." A OR B

OR C WOULD ALL BE CONSIDERED. WOULDN'T THAT HAVE BEEN A WAY TO

HANDLE THAT AS WELL?

MR. HEVESI: THAT'S AN INTERESTING IDEA. I'M NOT

SURE IT GETS TO THE SAME GOAL. SO -- SO A COUPLE OF THINGS. SO, FIRST, I'M

REALLY GLAD THAT YOUR LOCAL SOCIAL SERVICE DISTRICT IS DOING IT RIGHT.

THAT'S GREAT. BUT SO HERE'S THE CIRCUMSTANCE THAT WE'RE SPECIFICALLY

TRYING TO GET AT. SO RIGHT NOW UNDER CURRENT LAW, A FATHER WHO HAS

REGULAR -- SO EVERYBODY UNDERSTANDS, YOU HAVE A FATHER WITH A KID IN

FOSTER CARE, OKAY? THE FATHER IS SEPARATE, UNMARRIED FATHER. SO THAT

FATHER WHO REGULARLY VISITED OR EVEN LIVED WITH HIS CHILD PRIOR TO THE

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NYS ASSEMBLY MAY 18, 2022

REMOVAL, WHO VISITED THE KID WHILE THE KID WAS IN FOSTER CARE AND

ENGAGED IN SERVICES RECOMMEND BY THE FOSTER CARE AGENCY IN AN EFFORT

TO REUNITE THEM WITH THE FAMILY, THAT'S THE RULES FOR ALL PARENTS. FOR

UNMARRIED FATHERS, THEY ADD THE REQUIREMENT THAT -- THAT THE FATHER HAS

TO MAKE A PAYMENT INTO -- INTO THE FOSTER CARE AGENCY WHICH IS UNFAIR

THAT YOU'RE NOT PUTTING THAT SAME BURDEN ON THE OTHERS. SO -- SO FOR US,

WE THOUGHT TO CREATE THE LEVEL PLAYING FIELD, YOU'RE JUST GOING TO TAKE

THAT PIECE OUT BECAUSE WE KNOW THAT THERE ARE SOME SOCIAL SERVICES

DISTRICTS THAT DO DO IT RIGHT, BUT THERE OTHERS THAT DON'T. AND WE WANT TO

MAKE SURE THAT, YOU KNOW, THESE MARRIED FATHERS -- THE WORST CASE IS

YOU HAVE A FATHER WHO IS DOING EVERYTHING HE CAN TO COME BACK AND

REUNITE WITH HIS FAMILY, WHICH IS WHAT WE LOOK TO SUPPORT IN NEW

YORK. AND THAT FATHER'S DONE EVERYTHING RIGHT, BUT BECAUSE HE DIDN'T

PAY INTO THE FOSTER CARE SYSTEM, MANY TIMES HE WASN'T EVEN TOLD HE HAD

AN OBLIGATION TO PAY OR TOLD A MECHANISM HOW TO PAY IT AND THAT FATHER

IS NOW BEING DENIED THE RIGHT TO SAY, NO, DON'T ADOPT AWAY MY CHILD,

I'D LIKE TO BE IN THE PARENTS' RIGHTS. THAT'S WHAT WE'RE TRYING TO GET AT.

SO I UNDERSTAND YOUR SUGGESTION, I'M NOT JUST IT GETS US TO WHERE WE

WANT TO GO.

MS. WALSH: YEAH, AND I -- I APPRECIATE THAT THE

MONEY ITSELF SHOULD NOT BE DETERMINATIVE -- THE DETERMINING FACTOR.

WHAT DO YOU DO, THOUGH, ABOUT -- SO, IN ORDER TO ADOPT -- HAVE THE

CHILD ADOPTED, WHICH, YOU KNOW -- AND AGAIN -- AND WE'VE TALKED ABOUT

THIS BEFORE ON OTHER BILLS -- YOU KNOW, OUR GOAL FOR THE CHILD IS ALWAYS

BEST INTEREST, BUT IT IS ALSO PERMANENCY.

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NYS ASSEMBLY MAY 18, 2022

MR. HEVESI: RIGHT.

MS. WALSH: SO WHEN THE CHILD IS MAYBE FIRST

PLACED IN FOSTER CARE, WE HAVE A FOSTER CARE GOAL. AND THAT GOAL

GENERALLY SPEAKING, TO START OUT WITH, IS REUNIFICATION WITH PARENTS.

MR. HEVESI: YES.

MS. WALSH: AND OVER TIME IF THAT DOESN'T PROVIDE

-- IF THAT DOESN'T SEEM LIKE IT'S GOING TO BE FEASIBLE, THEN YOU MIGHT

CHANGE IT TO SOMETHING LIKE FREE FOR -- FREE THE CHILD FOR ADOPTION. SO,

YOU KNOW, TO START OUT WITH, THOUGH, WE'RE TRYING TO AT DEPARTMENT OF

SOCIAL SERVICES CAST THAT WIDE NET TO TRY TO FIND BOTH PARENTS, BUT OVER

TIME IT MAY BE THE GOAL MIGHT CHANGE TO BE FREE FOR ADOPTION. YOU

MAY HAVE FOSTER PARENTS WHO WANT TO ADOPT OR YOU MAY HAVE

PROSPECTIVE ADOPTIVE PARENTS WHO REALLY WANT TO BRING THIS CHILD INTO A

HOME TO REALLY GIVE THEM THAT SENSE OF PERMANENCY THAT THE CHILD

DESERVES.

MR. HEVESI: RIGHT.

MS. WALSH: SO WHAT DO YOU DO IN THIS CASE WHERE

YOU HAVE A FATHER THAT JUST MAYBE WHEN THE CHILD WAS BORN HE FILLED

OUT A FORM SAYING -- LISTING HIMSELF AS THE FATHER BECAUSE AT THE HOSPITAL

THEY CAN DO THAT, BUT THEN JUST NEVER HAVE ANY CONTACT WITH THE CHILD?

COULDN'T YOU RUN INTO A PROBLEM HERE WHERE IF THE FATHER CAN'T BE FOUND

NOW THAT YOU'RE GOING TO HAVE A SITUATION WHERE THE CHILD IS ONLY GOING

TO BE HALF-FREED BY THE MOTHER AND YOU'RE NOT GOING TO BE ABLE TO ADOPT

THIS CHILD OUT EVEN THOUGH THE DAD IS NOWHERE AROUND?

MR. HEVESI: I APPRECIATE THAT. SO -- SO I THINK

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NYS ASSEMBLY MAY 18, 2022

WHAT WE'RE REFERRING TO IS SOMETHING CALLED A "CONSENT FATHER." THAT'S

-- THAT'S, YOU KNOW, REALLY A TERM OF ART.

MS. WALSH: YES.

MR. HEVESI: BUT FOR -- FOR A CONSENT FATHER IS -- HAS

THE ABILITY TO WAIVE HIS RIGHTS TO, HIS PARENTAL RIGHTS AND SAY, YES, THE

CHILD CAN BE ADOPTED. THE PROBLEM IS THERE ARE -- THERE ARE IN THIS

CIRCUMSTANCE SOME PARENTS OR FATHERS WHO HAVE DONE THE DUE

DILIGENCE, THEY'VE BEEN WITH THE KID, THEY'VE DONE EVERYTHING THEY --

EVERYTHING RIGHT, BUT THEN THEY GO IN TO SAY, WAIT, WAIT, WAIT. I'VE DONE

EVERYTHING RIGHT. PLEASE DON'T LET MY CHILD BE ADOPTED AWAY FROM ME.

I WOULD LIKE TO BE A PART OF THAT CHILD'S LIFE. AND IN ADDITION I WOULD

ALSO ARGUE THAT NOT JUST PERMANENCY IS THE GOAL, BUT PERMANENCY WITH

THEIR ORIGINAL FAMILY IF POSSIBLE.

MS. WALSH: YES.

MR. HEVESI: BUT NOW WE HAVE A FATHER WHO'S DONE

EVERYTHING PROPERLY EXCEPT FOR DIDN'T MAKE A PAYMENT THAT THEY WEREN'T

TOLD THEY HAD TO MAKE THAT WAS GOING TO BE USED AGAINST THEM LATER.

THAT'S WHAT WE'RE TRYING TO CORRECT. BUT YOU'RE RIGHT, THIS IS A DIFFICULT,

YOU KNOW, SITUATIONAL PROBLEM AND EVERYTHING IS CASE-BY-CASE.

MS. WALSH: YEAH. SO JUST GETTING BACK TO YOUR

EARLIER COMMENT, THOUGH -- AND NOT THAT I THINK I'M SUCH A GREAT DRAFTER

OF BILLS BUT, I MEAN, WHAT -- WHAT IS THE MATTER WITH THAT SUGGESTION TO

JUST CHANGE -- CHANGE THOSE TWO -- THOSE THREE SECTIONS THAT I READ INTO

JUST OR THIS OR THAT OR THAT. WHY DOESN'T THAT SOLVE THE PROBLEM? TO

TAKE THE MONEY AS THE -- AS A DETER -- AS A SOLE REQUIREMENT THAT MUST

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BE MET AND JUST MAKE IT AS ONE FACTOR TO BE CONSIDERED BY -- BY THE

DEPARTMENT?

MR. HEVESI: OKAY. I -- I WOULD ARGUE THAT WE

DON'T WANT THE MONEY TO BE A FACTOR AT ALL, AND I'LL TELL YOU WHY. THAT

MONEY DOESN'T GO TO THE KID. THAT'S IMPORTANT TO KNOW. THAT MONEY

GOES TO THE AGENCY. SO IT'S REQUIRING A FATHER TO PAY FOR SOMETHING THAT

DOESN'T HELP HIS OWN CHILD. AND THEN ALSO, IT'S AN UN -- UNEQUAL

PLAYING FIELD. SO IF YOU WANT THE MONEY TO BE PART OF IT UNLESS --

UNLESS YOU'RE SUGGESTING THAT WE, IN ADDITION TO UNMARRIED FATHERS HAVE

THAT BURDEN, HOW ABOUT MARRIED MOTHERS AND FATHERS HAVE THE SAME

BURDEN OF PAYING INTO THE SYSTEM, WHICH I DON'T THINK WE WANT. SO I

THOUGHT THIS WAS THE BETTER WAY TO LEVEL THE PLAYING FIELD.

MS. WALSH: OKAY. YEAH, FAIR ENOUGH. THANK YOU

VERY MUCH, MR. HEVESI.

AND, MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MS.

WALSH.

MS. WALSH: SO I REALLY DO APPRECIATE THIS. I THINK

-- I THINK ALL OF US CAN PROBABLY AGREE THAT USUALLY WE PREFER TO HAVE

PARENTS RAISING THEIR CHILDREN, WHETHER THEY'RE MARRIED OR NOT MARRIED,

AS LONG AS IT'S IN THE BEST INTEREST OF THE CHILD AND THERE'S NO PERSISTING

ABUSE OR NEGLECT OR OTHER ISSUES OR OTHER BARRIERS TO THOSE PARENTS BEING

GOOD PARENTS. AND I THINK IN OUR -- IN TODAY'S SOCIETY THERE ARE MANY,

MANY, MANY CHILDREN THAT ARE BORN OUT OF WEDLOCK, AND I WOULD NOT

WANT TO DENY A FATHER WHO IS UNMARRIED THE OPPORTUNITY TO HAVE A LIFE

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NYS ASSEMBLY MAY 18, 2022

OR RELATIONSHIP WITH HIS CHILD. I ALSO THINK, THOUGH, THAT IN REALITY THERE

ARE SOME PARENTS WHO ARE NOT INVOLVED PARENTS. SHOULD THEY -- SHOULD

THEY BE FOUND BY THE DEPARTMENT OF SOCIAL SERVICES AND IDENTIFIED AND

BROUGHT INTO THE FOLD, ABSOLUTELY. AND EFFORTS ARE MADE BY

DEPARTMENTS AND THEY HAVE -- HAVE TO DILIGENTLY SEARCH FOR AND

DOCUMENT THOSE EFFORTS TO LOCATE THE FATHER. WHERE I HAVE -- WHERE I

HAVE CONCERNS WITH THIS BILL IS THE FACT THAT I THINK IT'S GOING TO END UP

REALLY HAMPERING ADOPTIONS THAT SHOULD TAKE PLACE BECAUSE IN ORDER TO

ADOPT A CHILD PUBLICLY, YOU NEED TO TERMINATE PARENTAL RIGHTS OR HAVE

VOLUNTARILY TERMINATION OF PARENTAL RIGHTS FOR BOTH PARENTS. AND IF YOU

HAVE THE MOTHER AND THE MOTHER SAYS, YES, I AGREE TO HAVE MY PARENTAL

RIGHTS TERMINATED. I WISH THIS CHILD TO BE ADOPTED TO OTHERS, THEN -- BUT

YOU CAN'T FIND THE FATHER OR THE FATHER IS NOT IN THE PICTURE, THAT CHILD IS

CONSIDERED HALF-FREE AND THAT'S GOING TO PREVENT THAT CHILD FROM BEING

ABLE TO ACHIEVE THE KIND OF PERMANENCY THAT I THINK THAT THAT CHILD

DESERVES IN THAT INSTANCE. I DO THINK, THOUGH, AS I MENTIONED TO -- TO

THE SPONSOR, AND I -- I DO APPRECIATE HIS -- HIS COMMENTS, BUT I REALLY

DO BELIEVE THAT IF WE TOOK THE -- THE MONEY PIECE OUT AS A REQUIREMENT

FOR THE NON- -- OR THE UNMARRIED FATHER TO BE GIVEN DUE PROCESS AND

NOTICE AND AN OPPORTUNITY TO BE HEARD PRIOR TO AN ADOPTION TAKING PLACE

THAT THAT WOULD SOLVE THE PROBLEM IDENTIFIED BY THE SPONSOR OF THIS BILL.

I REALLY THINK THAT IF YOU LOOK AT PAGE 3 STARTING AT AROUND LINE 41 OF THE

BILL AND IF YOU CHANGED IT FROM AN "AND" TO AN "OR" AND CONSIDERED

THREE DIFFERENT FACTORS TO BE CONSIDERED IN ORDER TO -- I THINK IT WOULD

RESOLVE THE ISSUE THAT WE'VE GOT. AS IT'S CURRENTLY DRAFTED, I DO THINK

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NYS ASSEMBLY MAY 18, 2022

THAT ALTHOUGH I -- I DO THINK THAT INVOLVED PARENTS ARE IMPORTANT AND ARE

BEST, GENERALLY SPEAKING, FOR A CHILD, I DO THINK THAT BECAUSE I THINK

THAT THIS IS GOING TO HURT THE POSSIBILITY OF CHILDREN ACHIEVING

PERMANENCY THROUGH ADOPTION THAT I CAN'T SUPPORT THE BILL AS IT'S

CURRENTLY DRAFTED AND I WILL BE IN THE NEGATIVE ON THIS BILL AND I WOULD

ALSO ENCOURAGE MY COLLEAGUES TO VOTE IN THE NEGATIVE AS WELL.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, MS.

WALSH.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON SENATE PRINT 6389. 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. WALSH.

MS. WALSH: THANK YOU, MR. SPEAKER. GENERALLY

SPEAKING, THE REPUBLICAN CONFERENCE WILL BE IN THE NEGATIVE ON THIS

PARTICULAR PIECE OF LEGISLATION FOR THE REASONS I PREVIOUSLY ARTICULATED.

HOWEVER, IF THERE ARE MEMBERS WHO WISH TO BE IN THE AFFIRMATIVE THEY

SHOULD CONTACT THE MINORITY LEADER'S OFFICE OR CAST THEIR VOTE IN THE

AFFIRMATIVE ON THE FLOOR.

THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

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NYS ASSEMBLY MAY 18, 2022

MS. SOLAGES.

MS. SOLAGES: THANK YOU, MR. SPEAKER. MAJORITY

MEMBERS WILL BE VOTING IN THE AFFIRMATIVE. IF THERE ARE ANY EXCEPTIONS

I ASK THAT YOU CALL THE MAJORITY LEADER'S OFFICE AND WE WILL ANNOUNCE

YOUR NAME ACCORDINGLY.

ACTING SPEAKER AUBRY: THANK YOU.

(THE CLERK RECORDED THE VOTE.)

MS. WALSH.

MS. WALSH: THANK YOU, MR. SPEAKER. WOULD YOU

PLEASE RECORD MR. BRABENEC IN THE AFFIRMATIVE ON THIS BILL?

ACTING SPEAKER AUBRY: SO NOTED.

MS. WALSH: THANK YOU.

ACTING SPEAKER AUBRY: MS. SOLAGES.

MS. SOLAGES: COULD YOU PLEASE RECORD MS.

WOERNER IN THE NEGATIVE?

ACTING SPEAKER AUBRY: SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 8, RULES REPORT NO. 199, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A07748-A, RULES

REPORT NO. 199, THIELE, CAHILL, GALEF, GOTTFRIED, MAGNARELLI,

MCDONOUGH, OTIS, STECK, ZEBROWSKI, PAULIN, GRIFFIN. 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.

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NYS ASSEMBLY MAY 18, 2022

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. THIELE.

MR. THIELE: THANK YOU, MR. SPEAKER. THIS

LEGISLATION AMENDS THE ELECTION LAW. UNDER -- UNDER THE CURRENT LAW,

VICTIMS OF DOMESTIC VIOLENCE ARE ALLOWED TO KEEP THEIR VOTING RECORDS

CONFIDENTIAL. WHAT THIS BILL WOULD DO WOULD BE TO ADD VICTIMS OF

SEXUAL OFFENSES UNDER ARTICLE 130 OF THE PENAL LAW TO THOSE THAT CAN

KEEP THEIR RECORDS CONFIDENTIAL.

ACTING SPEAKER AUBRY: MR. RA.

MR. RA: THANK YOU, MR. SPEAKER. WILL THE SPONSOR

YIELD FOR A COUPLE QUESTIONS?

MR. THIELE: YES.

ACTING SPEAKER AUBRY: MR. THIELE YIELDS.

MR. RA: THANK YOU. SO, AS -- AS YOU SAID, THIS IS

ADDING -- WE'RE GOING TO DO THIS FOR --

MR. THIELE: DOMESTIC VIOLENCE.

MR. RA: -- VIOLENCE VICTIMS. THIS IS ADDING VICTIMS

OF SEX OFFENSES. SO, CAN YOU JUST ELABORATE, THOUGH, FOR PEOPLE WHO

AREN'T FAMILIAR, HOW THIS WORKS, HOW SOMEBODY WOULD GET ON TO THIS

LIST SO THAT THEIR INFORMATION WAS KEPT CONFIDENTIAL?

MR. THIELE: WELL, THE PROCESS WOULD BE THAT THE

VICTIM IN THIS CASE WOULD -- WOULD HAVE TO FILE A SWORN STATEMENT WITH

-- WITH THE BOARD OF ELECTIONS, WITH THE LOCAL BOARD OF ELECTIONS.

BASICALLY IN THAT STATEMENT WOULD AFFIRM THAT THEY WERE THE VICTIM OF

ONE OF THESE SEX CRIMES AND THAT THEY WERE UNDER A THREAT OF -- LET ME

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NYS ASSEMBLY MAY 18, 2022

USE THE RIGHT TERMS HERE -- A THREAT OF PHYSICAL OR EMOTIONAL HARM TO

THEMSELVES OR TO THEIR FAMILY OR HOUSEHOLD MEMBERS. SO THEY WOULD

HAVE TO FILE A SWORN STATEMENT TO THAT EFFECT WITH THE BOARD OF

ELECTIONS.

MR. RA: OKAY. AND, I MEAN, IS IT -- IS IT A FORM OR

WOULD THEY JUST MAKE, YOU KNOW, THAT REPRESENTATION? DO YOU KNOW?

MR. THIELE: I -- YEAH, I -- I'M NOT SURE IF THERE'S A

-- IT'S JUST -- THERE IS A FORM. THERE'S A SIGN -- A FORM THAT THEY CAN SIGN

THAT BOARD OF ELECTIONS HAS.

MR. RA: OKAY. THANK YOU. AND -- AND THEN ONCE

THEY DO THAT, IS IT FOR ANY DURATION OR ARE THEY JUST --

MR. THIELE: FOUR YEARS.

MR. RA: FOUR?

MR. THIELE: FOUR.

MR. RA: OKAY.

MR. THIELE: THAT'S THE EXISTING LAW.

MR. RA: AND THIS DOESN'T CHANGE THAT LENGTH, IT JUST

ADDS THE OTHER --

MR. THIELE: THAT'S CORRECT. IT DOESN'T CHANGE

ANYTHING WITH DOMESTIC VIOLENCE, IT JUST ADDS SEXUAL OFFENSES UNDER --

UNDER 130 OF THE PENAL LAW.

MR. RA: OKAY. SO THEN PRESUMABLY AFTER THAT FOUR

YEARS, OBVIOUSLY, YOU KNOW, THE PERSON HAVING BEEN A VICTIM, THEY

MAY HAVE BEEN A VICTIM OF, YOU KNOW, ESPECIALLY IN THESE

CIRCUMSTANCES WE'RE ADDING SEXUAL OFFENSES, THEY MAY HAVE BEEN A

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NYS ASSEMBLY MAY 18, 2022

VICTIM AS A CHILD OR SOMETHING LIKE THAT. SO THEY WOULD JUST AFTER FOUR

YEARS HAVE TO, YOU KNOW, FILL THAT OUT AGAIN AND SAY, HEY, I'M STILL

CONCERNED WITH KEEPING MY INFORMATION CONFIDENTIAL?

MR. THIELE: IT WOULD BE THE INDIVIDUAL'S CHOICE,

BUT THEY COULD -- THE COULD AFTER THE FOUR YEARS RE-FILE.

MR. RA: OKAY, GREAT. AND THEN LASTLY, SO THE PERSON

THEN, YOU KNOW, WOULDN'T SHOW UP ON ANY TYPE OF LIST WHETHER IT'S FOR,

YOU KNOW, A LIST THAT WHEN WE GO OUT PETITIONING OR FOR, YOU KNOW,

MAIL OR ANYTHING, THEIR -- THEIR RECORD WOULD ONLY BE ABLE TO BE USED

INTERNALLY THROUGH THE BOARD OF ELECTIONS.

MR. THIELE: THAT'S CORRECT.

MR. RA: OKAY. THANK YOU VERY MUCH.

MR. THIELE: THANK YOU.

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

ACTING SPEAKER AUBRY: ON THE BILL, MR. RA.

MR. RA: THANK YOU TO MR. THIELE FOR ANSWERING

THOSE QUESTIONS. AS -- AS HE DID SAY, YOU KNOW, THIS IS SOMETHING WE

HAVE CURRENTLY FOR VICTIMS OF DOMESTIC VIOLENCE. I -- I CERTAINLY COULD

SEE CIRCUMSTANCES UNDER WHICH SOMEBODY WOULD WANT TO BE ABLE TO

KEEP THEIR INFORMATION PRIVATE SO THAT -- I MEAN, I THINK THE IDEA OF --

OF THIS IN THAT CONTEXT IS CERTAINLY SO THAT SOMEBODY WHO MAY HAVE

VICTIMIZED THEM DOESN'T UTILIZE THIS AS A WAY TO FIND OUT WHERE THEY --

WHERE THEY ARE. THEY MAY HAVE MOVED SOMEWHERE AND THEY'RE TRYING

TO OBVIOUSLY STAY AWAY FROM AN INDIVIDUAL WHO MAY HAVE VICTIMIZED

THEM. AND -- AND I CAN CERTAINLY SEE WHERE THE SAME MIGHT HOLD TRUE

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NYS ASSEMBLY MAY 18, 2022

UNDER CIRCUMSTANCES WHERE THEY HAD BEEN A VICTIM OF A SEX OFFENSE. I

-- I KNOW SOME HAVE RAISED A CONCERN JUST IN TERMS OF THE -- THE

BROADNESS OF -- OF THIS CATEGORY, BUT I -- I THINK AT THE END OF THE DAY,

YOU KNOW, WE -- WE ARE REQUIRING SOMEBODY TO MAKE A SWORN

STATEMENT THAT THEY -- THAT THEY'RE CONCERNED THAT WITH HAVING THEIR

RECORD OUT THERE, SO -- SO I WOULD HOPE THAT THAT WILL KIND OF TAKE CARE

ANY SUCH CONCERN.

SO I -- I THANK THE SPONSOR AGAIN AND I'LL BE VOTING IN

THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON ASSEMBLY PRINT 7748-A. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WANTS 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 8, RULES REPORT NO. 202, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A07933-C, RULES

REPORT NO. 202, GONZ�LEZ-ROJAS, EPSTEIN, HEVESI, BICHOTTE HERMELYN,

SIMON, O'DONNELL, BURDICK, PAULIN, GLICK, SEAWRIGHT, DICKENS, SILLITTI,

GOTTFRIED, GALLAGHER, ZINERMAN, TAYLOR, BURGOS, J.D. RIVERA,

119

NYS ASSEMBLY MAY 18, 2022

MAMDANI, FORREST, GALEF, CARROLL, DAVILA, CRUZ, NIOU, BRONSON, CLARK,

KELLES, KIM. AN ACT TO AMEND THE ELECTION LAW, IN RELATING TO

INCLUDING INDIVIDUALS WHO DO NOT IDENTIFY EXCLUSIVELY AS A BINARY

GENDER IN ELIGIBILITY FOR PARTY POSITIONS.

ACTING SPEAKER AUBRY: MR. RA.

MR. RA: AN EXPLANATION, PLEASE?

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MS. GONZ�LEZ-ROJAS.

MS. GONZ�LEZ-ROJAS: THANK YOU, MR. SPEAKER.

SO THIS BILL WOULD REQUIRE THAT -- THAT PARTY ORGANIZATIONS' POSITIONS ARE

INCLUSIVE OF INDIVIDUALS WHO DO NOT IDENTIFY EXCLUSIVELY AS A BINARY

GENDER, ALLOWING FOR INCREASED REPRESENTATION IN PARTY OFFICE FOR PEOPLE

WHO IDENTIFY AS NONBINARY.

ACTING SPEAKER AUBRY: MR. RA.

MR. RA: THANK YOU, MR. SPEAKER. WILL THE SPONSOR

YIELD?

ACTING SPEAKER AUBRY: WILL YOU YIELD,

MA'AM?

MS. GONZ�LEZ-ROJAS: YES, MR. SPEAKER.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. RA: THANK YOU. SO JUST QUICKLY, A COUPLE OF

QUESTIONS ON THIS. I KNOW THAT, YOU KNOW, OBVIOUSLY PARTIES AT THE, YOU

KNOW, AT THE COMMITTEE LEVEL, YOU KNOW, CAN DECIDE HOW TO GO ABOUT

THIS. I BELIEVE THE DEMOCRATIC PARTY HAS DONE SO INTERNALLY. BUT JUST IN

TERMS OF HOW THIS WOULD WORK, SO, WOULD WE JUST BE ELIMINATING ANY

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NYS ASSEMBLY MAY 18, 2022

TYPE OF REFERENCE TO GENDER IN -- IN CHOOSING THESE INDIVIDUALS OR IS IT

JUST -- OR WOULD THEY I GUESS SPECIFICALLY ACCOUNT FOR ALLOWING

SOMEBODY THAT DOESN'T IDENTIFY AS A GENDER?

MS. GONZ�LEZ-ROJAS: IT ADDS A THIRD GENDER OF

X CATEGORY FOR PEOPLE WHO DON'T IDENTIFY AS MALE OR FEMALE. SO

ANYONE WITHIN THE SPECTRUM OF TRANSGENDER AND NONBINARY OR GENDER-

NONCONFORMING.

MR. RA: OKAY. AND THEN SO COULD -- WOULD THEY BE

ABLE TO, SAY, HAVE, YOU KNOW, MALE COMMITTEE PERSON, FEMALE

COMMITTEE PERSON AND THEN NON-GENDER-CONFORMING COMMITTEE PERSON

AS WELL?

MS. GONZ�LEZ-ROJAS: YES. SO IT WOULD ALLOW

FOR AN ADDITIONAL GENDER IDENTITY. IT MATCHES WITH THE GENDER

RECOGNITION ACT THAT WE PASSED LAST YEAR WHICH GIVES AN X CATEGORY,

AND IT REALLY JUST EXPANDS THE ABILITY FOR SOMEONE WHO DOESN'T IDENTIFY

AS A MALE OR A FEMALE TO RUN FOR A PARTY POSITION. SO IT REALLY JUST

INCREASES DIVERSITY AND INCLUSION FOR THOSE WHO HAVE BEEN EXCLUDED

FROM PARTY POSITIONS BECAUSE OF THEIR GENDER IDENTITY.

MR. RA: OKAY. AND THEN JUST THE -- THE LANGUAGE

HERE USES THE TERM "GENDER MARKER." IS THAT DEFINED WITHIN THIS OR IN

ANOTHER SECTION OF LAW?

MS. GONZ�LEZ-ROJAS: IT'S DEFINED UNDER THE

GENDER RECOGNITION ACT.

MR. RA: THANK YOU.

MS. GONZ�LEZ-ROJAS: SO IT'S M, F OR X.

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NYS ASSEMBLY MAY 18, 2022

MR. RA: OKAY. THANK YOU.

MS. GONZ�LEZ-ROJAS: THANK YOU.

MR. RA: I APPRECIATE IT. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. LAWLER.

MR. LAWLER: WILL THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: WILL THE SPONSOR

YIELD?

MS. GONZ�LEZ-ROJAS: YES, SIR.

MR. LAWLER: THANK YOU. I APOLOGIZE, I WAS OUT.

CAN YOU JUST EXPLAIN WHAT THE INTENT OF THIS BILL IS?

MS. GONZ�LEZ-ROJAS: YES. SO THE INTENT -- THE

INTENT IS TO INCLUDE PEOPLE WHO HAVE BEEN EXCLUDED FOR RUNNING FOR

PARTY POSITIONS. SO IT WOULD AMEND THE ELECTION LAW IN RELATION TO

INCLUDING INDIVIDUALS WHO DO NOT IDENTIFY -- IDENTIFY EXCLUSIVELY --

EXCLUSIVELY IN THEIR BINARY GENDER FOR PARTY POSITIONS. AND THESE

POSITIONS INCLUDE STATE COMMITTEE, DISTRICT LEADER, COUNTY COMMITTEE,

AND IT ADDS THE GENDER MARKER X AS AN OPTION.

MR. LAWLER: AND THAT -- SO LET'S LOOK AT STATE

COMMITTEE MEMBERS WITHIN PARTY POSITIONS. GENERALLY SPEAKING, I

BELIEVE FOR BOTH THE REPUBLICAN AND THE DEMOCRATIC COMMITTEES, THEIR

STATE COMMITTEE MEMBERS ARE ELECTED BY ASSEMBLY DISTRICT.

MS. GONZ�LEZ-ROJAS: YES.

MR. LAWLER: AND GENERALLY SPEAKING, I BELIEVE IT

IS UNDER THE CURRENT LAW ONE MALE AND ONE FEMALE PER ASSEMBLY

DISTRICT; IS THAT CORRECT?

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NYS ASSEMBLY MAY 18, 2022

MS. GONZ�LEZ-ROJAS: YEAH, AT LEAST FOR THE

DEMOCRATIC PARTY. I'M NOT SURE ABOUT THE REPUBLICAN.

MR. LAWLER: THE REPUBLICAN IS THE SAME. SO, THE

INDIVIDUAL COULD THEORETICALLY RUN FOR ONE OR THE OTHER POSITION?

MS. GONZ�LEZ-ROJAS: NO, THEY -- THEY -- SO IT

WOULD ALLOW FOR A THIRD OPTION. SO YOU RUN FOR THE POSITION, NOT FOR THE

GENDER. SO YOU WOULD ALLOW -- YOU WOULD -- YOUR GENDER WOULD BE

DEFINED, BUT THERE WOULD STILL BE TWO POSITIONS. THE PARTY WOULD BE

REQUIRED TO CREATES RULES, BUT THERE'S A MODEL THAT WE CAN BASE IT OFF OF,

WHICH IS WITH THE PRESIDENTIAL DELEGATES. WE -- PEOPLE CHOOSE -- LIST

THEIR GENDER AND THEN THE TOP TWO VOTE-GETTERS OF DIFFERENT GENDERS ARE

THE ONES WHO GET THE POSITIONS SO IT STILL MAINTAINS GENDER DIVERSITY.

MR. LAWLER: OKAY. SO IT WOULD NOT -- IT WOULD

NOT ELIMINATE THE TWO POSITIONS. IT -- IT WOULD NOT ADD --

MS. GONZ�LEZ-ROJAS: NO.

MR. LAWLER: -- AN ADDITIONAL POSITION?

MS. GONZ�LEZ-ROJAS: NO.

MR. LAWLER: IT WOULD STILL HAVE TWO MEMBERS PER.

MS. GONZ�LEZ-ROJAS: YES, AND IT WOULD REQUIRE

THAT THOSE TWO MEMBERS BE OF DIFFERENT GENDERS.

MR. LAWLER: IT WILL STILL REQUIRE -- OKAY, SO LET'S

SAY THREE PEOPLE ARE RUNNING.

MS. GONZ�LEZ-ROJAS: MM-HMM.

MR. LAWLER: A MALE, A FEMALE AND A NONBINARY

INDIVIDUAL ARE RUNNING, CORRECT? AND LET'S SAY THE MALE WINS AND THE

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NYS ASSEMBLY MAY 18, 2022

INDIVIDUAL WHO IDENTIFIES AS NONBINARY WINS.

MS. GONZ�LEZ-ROJAS: YES.

MR. LAWLER: IF THE INDIVIDUAL WHO IDENTIFIES AS

NONBINARY IS GENETICALLY MALE, WHAT -- WHAT ARE WE DOING WITH RESPECT

TO NOT HAVING A FEMALE REPRESENTATIVE?

MS. GONZ�LEZ-ROJAS: THIS IS NOT ABOUT GENETICS, IT'S

ABOUT GENDER IDENTITY. SO IT IS WHERE THEY ALIGN THEIR GENDER IDENTITY

AND IT MUST BE OF TWO DIFFERENT GENDERS. SO X WILL BE A SEPARATE

GENDER IDENTITY AS WE CODIFIED UNDER THE GENDER RECOGNITION ACT LAST

YEAR.

MR. LAWLER: WHEN THE ORIGINAL LAW WAS PUT IN

PLACE WITH RESPECT TO PARTY POSITIONS, DO YOU HAVE AN OPINION AS TO

WHY IT WAS REQUIRED THAT IT BE ONE MALE AND ONE FEMALE AS OPPOSED TO

TWO MALES OR AS OPPOSED TO NO GENDER AT ALL?

MS. GONZ�LEZ-ROJAS: YEAH, I THINK IT'S -- I

THINK IT'S IMPORTANT, RIGHT? WE WANT GENDER DIVERSITY, WE WANT MORE

WOMEN TO RUN FOR OFFICE. PREDOMINANTLY, POSITIONS HAVE BEEN VERY

MALE-CENTERED AND DOMINATED. BUT OUR IDEA ISN'T THE SCIENCE AROUND

HOW GENDER HAS EVOLVED OVER THE PAST DECADES, AND THIS AFFIRMS WHAT

WE'VE ALREADY, AGAIN, CODIFIED INTO LAW THAT PEOPLE CAN IDENTIFY AS AN X

GENDER WHICH IS WITHIN THE SPECTRUM OF NONBINARY OR TRANSGENDER OR

GENDER-NON-CONFORMING, AND IT JUST REALLY GIVES THEM AN OPPORTUNITY TO

BE ABLE TO RUN FOR STATE PARTY POSITIONS. BUT -- BUT IT'S IMPORTANT TO ME,

AS SOMEONE WHO HAS COMMITTED THEIR LIFE TO GENDER JUSTICE THAT THIS BILL

INCLUDE A REQUIREMENT TO MAINTAIN GENDER DIVERSITY.

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NYS ASSEMBLY MAY 18, 2022

MR. LAWLER: OKAY. THE -- I -- I WOULD NOTE AND

YOU DID, YOU KNOW, ACCURATELY POINT OUT THAT WE HAVE PASSED

LEGISLATION THAT WOULD ALLOW SOMEBODY TO USE AN X MARK TO IDENTIFY

THEIR GENDER. WE'VE ALSO PASSED LEGISLATION THAT WOULD REQUIRE STATE

BOARDS AND COMMISSIONS TO ENSURE THAT MORE WOMEN HAVE PREFERENCE

WITH RESPECT TO APPOINTMENTS. SO THERE SEEMS TO BE SOMEWHAT OF A --

OF A CONTRADICTORY MESSAGE THERE INSOFAR AS POTENTIALLY HERE -- WHILE I

AGREE WITH YOU WITH RESPECT TO GENDER, YOU KNOW, YOU DO STILL HAVE THE

POTENTIAL WHERE SOMEONE WHO IS GENETICALLY BORN MALE MAY BE FILLING

A POSITION THAT PREVIOUSLY WOULD HAVE WENT TO A WOMAN. SO I WOULD

JUST -- MY ONLY CONCERN IS -- IS NOT THAT WE WOULD BE MORE INCLUSIVE, I

THINK THAT -- AND -- AND MORE RESPECTFUL OF INDIVIDUALS WHO IDENTIFY AS

NONBINARY, BUT MY CONCERN BEING THE POTENTIAL BASED ON THE WAY THIS IS

STRUCTURED AND THAT WE'RE STILL KEEPING IT AS TWO SEATS, YOU KNOW,

POTENTIALLY WE COULD HAVE A SITUATION WHERE THERE IS LESS REPRESENTATION

AMONG FEMALES IN SOME OF THESE POLITICAL COMMITTEES. SO I -- I JUST

THINK THAT THIS SOMETHING TO POINT OUT. THAT IS A POTENTIAL OUTCOME

HERE.

MS. GONZ�LEZ-ROJAS: WELL, AND IT'S ALSO A

POTENTIAL OUTCOME THAT WE HAVE LESS PEOPLE WHO MAY IDENTIFY AS MALE.

SO WE COULD HAVE --

MR. LAWLER: ABSOLUTELY.

MS. GONZ�LEZ-ROJAS: -- AND WE COULD HAVE

FEMALE WIN THESE STATE COMMITTEE POSITIONS WHICH IS AN OPTION AS WELL.

MR. LAWLER: BUT -- BUT AS WE OFTEN HEAR IN THIS

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NYS ASSEMBLY MAY 18, 2022

CHAMBER, YOU KNOW, THE -- THERE IS A LOT OF MOVEMENT TOWARDS

ENSURING EQUALITY, TOWARDS ENSURING THAT WOMEN ARE MORE REPRESENTED

IN TERMS OF ELECTED POSITIONS, IN TERMS OF APPOINTED POSITIONS. AND SO

I'D JUST POINT OUT THAT THERE IS POTENTIAL BASED ON THIS BY NOT REQUIRING

ONE MALE AND ONE FEMALE THAT YOU MAY END UP IN A SITUATION WHERE LESS

WOMEN ARE PART OF A POLITICAL PARTY OPERATION. BY NO MEANS I'M

IMPLYING THAT'S THAT GOING TO HAPPEN ALL OVER THE PLACE; IT'S NOT. BUT

THERE IS THAT POTENTIAL BASED ON -- ON THIS LAW AS IT'S WRITTEN.

MS. GONZ�LEZ-ROJAS: AND THERE'S MANY OTHER

POTENTIALS UNDER THOSE CIRCUMSTANCES. BUT WHAT I'M FIGHTING FOR IS

GENDER INCLUSION. THAT'S WHY IT'S CALLED THE GENDER-INCLUSIVE BALLOT

ACT, AND AGAIN, WE REALLY WANT TO EXPAND OUR UNDERSTANDING OF GENDER

AND CREATE OPPORTUNITIES TO ENSURE THAT EVERY SINGLE PERSON CAN BE ABLE

TO REPRESENT THEIR COMMUNITIES AND THESE PARTY POSITIONS, AND THIS JUST

GIVES THEM AN AVENUE TO DO SO.

MR. LAWLER: OKAY. THANK YOU VERY MUCH.

MS. GONZ�LEZ-ROJAS: THANK YOU.

ACTING SPEAKER AUBRY: MS. GONZ�LEZ-ROJAS

ON THE BILL.

MS. GONZ�LEZ-ROJAS: ON THE BILL, MR. SPEAKER.

THANK YOU SO MUCH. SO I'M REALLY GRATEFUL TODAY THAT WE'RE ADVANCING

LEGISLATION THAT WOULD ALLOW NONBINARY NEW YORKERS TO RUN FOR PARTY

POSITIONS. AND AS I MENTIONED EARLIER, THESE WOULD INCLUDE POSITIONS

LIKE STATE COMMITTEE AND DISTRICT LEADER AND COUNTY COMMITTEE. THESE

ARE LIKE THE POSITIONS MOST CLOSE TO THE COMMUNITY. AS SOMEONE WHO

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NYS ASSEMBLY MAY 18, 2022

HAS SERVED AS A STATE COMMITTEE PERSON, I KNOW THESE PARTY POSITIONS

ARE AN IMPORTANT ENTRYWAY INTO PUBLIC SERVICE, AND THEY REPRESENT

COMMUNITIES THAT ARE OFTEN LEFT WITH NO VOICE AND NO VOTE IN OUR

CURRENT POLITICAL STRUCTURE. PRACTICALLY, THIS BILL WOULD ALLOW

CANDIDATES TO RUN WITH THEIR GENDER MARKERS AND ASK FOR X, WITH THE

TOP TWO VOTE-GETTERS OF DIFFERENT GENDER IDENTITIES WINNING THE ELECTION.

IT'S IMPORTANT TO NOTE THAT THIS IS NOT NEW. THE DEMOCRATIC STATE

COMMITTEE ADOPTED THIS RULE IN 2020. IT WAS SUPPOSED TO GO INTO

EFFECT THIS YEAR; HOWEVER, THE CURRENT LEADERSHIP OF THE DEMOCRATIC

STATE COMMITTEE HAS DECIDED TO IGNORE ITS OWN ROLE AND EXCLUDE --

CONTINUE TO EXCLUDE NONBINARY NEW YORKERS. BUT WHAT'S IMPORTANT

THAT THIS WILL ACTUALLY CODIFY THAT CHANGE.

TO CONNECT THIS LEGISLATION TO A REAL STORY AND TO REAL

PEOPLE, I WANT TO TALK ABOUT BROOKLYN DISTRICT LEADER JESSE PIERCE.

JESSE PIERCE WAS A FIRST-TIME CANDIDATE IN 2020 FOR DEMOCRATIC STATE

COMMITTEE. THEY RAN FOR OFFICE BECAUSE THEY BELIEVE IN THE POWER OF

LOCAL POLITICAL ORGANIZING. AND BECAUSE OF NEW YORK LAW AND BECAUSE

THEY WERE ASSIGNED FEMALE AT BIRTH, THEY RAN FOR THE POSITION OF FEMALE

COMMITTEE MEMBER. THEY DIDN'T RUN TO OFFICE TO BE A FEMALE, THEY RAN

TO ORGANIZE AND REPRESENT DEMOCRATS IN THEIR DISTRICT. DURING THEIR

CAMPAIGN THEY REALIZED FEMALE DID NOT MATCH THEIR UNDERSTANDING OF

THEIR OWN IDENTITY. THEIR GENDER IDENTITY WAS NONBINARY -- OR IS

NONBINARY. ANOTHER EXAMPLES OF THIS IS FROM ONE ACTIVIST WHO HAS

HELPED US ADVANCE THIS LEGISLATION THAT I WANT TO BRING INTO THIS SPACE.

THEIR NAME IS DAVID SITGERT (PHONETIC). THEY ARE A BRILLIANT ELECTION

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NYS ASSEMBLY MAY 18, 2022

LAWYER WHO WANTED TO RUN MULTIPLES TIMES FOR DISTRICT LEADER BUT HAS

OPTED NOT TO DO SO BECAUSE THEY DO NOT WANT TO, AND RIGHTFULLY SO,

CHOOSE A GENDER IDENTITY THAT DOESN'T ALIGN WITH WHO THEY ARE. PUBLIC

SERVICE IS NOT EASY, AS WE ALL KNOW HERE. IT IS HARD AND SOMETIMES

THANKLESS, AND YET MANY OF US STEP UP BECAUSE WE ARE TIRED OF OUR

COMMUNITIES BEING IGNORED OR FORGOTTEN. PEOPLE WHO ARE NONBINARY

DESERVE THE RIGHT TO RUN FOR WHATEVER OFFICE THEY WANT TO RUN FOR, AND

AS A STATE WE SHOULD NOT GATEKEEP WHO CAN BECOME CIVICALLY ENGAGED.

THE ONLY WAY THAT COMMUNITIES CAN ULTIMATELY GAIN AND KEEP THEIR

RIGHTS IS BY BUILDING POLITICAL POWER THAT WILL HELP THEM DO JUST THAT.

SO I WANT TO THANK JESSE, DAVID, AMELIA AND SO MANY

WHO HAVE HELPED TO ADVANCE THIS LEGISLATION TODAY -- LEGISLATION TODAY

AND WHO WANT TRUE EQUITY IN OUR ELECTORAL SYSTEM AND POLITICS. AND

THANK YOU TO OUR SPEAKER AND TO THE STAFF WHO HAVE SUPPORTED THIS

EFFORT IN -- IN THE FACE OF ATTACKS ON OUR HUMAN RIGHTS. WE ARE HELPING

TO FURTHER, TO PROTECT AND ADVANCE THE CIVIL RIGHTS OF OUR NONBINARY

NEW YORKERS ACROSS OUR STATE.

WE HAVE MADE HISTORY AND HERSTORY MANY TIMES IN

THIS CHAMBER. TODAY WE HAVE GIVEN VOICE TO THEIR STORIES. I AM PROUD

TO CARRY THIS BILL AND I PROUDLY VOTE IN THE AFFIRMATIVE. THANK YOU SO

MUCH.

ACTING SPEAKER AUBRY: THANK YOU.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

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NYS ASSEMBLY MAY 18, 2022

THE VOTE ON ASSEMBLY PRINT 7933-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.

MS. WALSH.

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

REPUBLICAN CONFERENCE WILL GENERALLY SPEAKING BE IN THE NEGATIVE ON

THIS PIECE OF LEGISLATION. HOWEVER, IF THERE ARE MEMBERS WHO WISH TO

VOTE IN THE AFFIRMATIVE THEY CAN DO SO IN THE CHAMBER OR BY CALLING THE

MINORITY LEADER'S OFFICE.

THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MS. SOLAGES.

MS. SOLAGES: THIS IS A PARTY VOTE IN THE

AFFIRMATIVE. MAJORITY MEMBERS THAT WISH TO BE AN EXCEPTION CAN CALL

THE MAJORITY LEADER'S OFFICE AND WE WILL ANNOUNCE THEIR NAME

ACCORDINGLY.

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.

MS. SOLAGES.

MS. SOLAGES: WE APPRECIATE THE CONTINUED

PATIENCE OF OUR COLLEAGUES, AND SO I'M GOING TO READ ADDITIONAL BILLS

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NYS ASSEMBLY MAY 18, 2022

THAT WE'RE GOING TO TAKE UP WITH CALENDAR NO. 83 BY MR. GOTTFRIED AND

CALENDAR NO. 248 BY MS. RAJKUMAR.

ACTING SPEAKER AUBRY: THANK YOU.

PAGE 17, CALENDAR NO. 83, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A01741-A, CALENDAR

NO. 83, GOTTFRIED, ENGLEBRIGHT, COLTON, FAHY, SIMON, THIELE,

DINOWITZ, MCMAHON, OTIS, SEAWRIGHT, WEPRIN, DICKENS, STERN,

GRIFFIN, GALEF, ABINANTI, MAGNARELLI, DARLING, ANDERSON, WOERNER,

J.D. RIVERA, JACOBSON, L. ROSENTHAL, MCDONALD, SOLAGES, PAULIN,

SAYEGH, STECK, BURDICK, GUNTHER, MEEKS, GIBBS, WILLIAMS,

JEAN-PIERRE, SILLITTI, FERNANDEZ, BURGOS, ZINERMAN, FORREST, ZEBROWSKI,

PRETLOW, SCHMITT, NORRIS, CYMBROWITZ, RAMOS, BURKE, JOYNER,

EPSTEIN, HEVESI, LAVINE, STIRPE, LUNSFORD. AN ACT TO AMEND THE

INSURANCE LAW, IN RELATION TO CALCULATING AN INSURED INDIVIDUAL'S

OVERALL CONTRIBUTION TO ANY OUT-OF-POCKET MAXIMUM OR ANY

COST-SHARING REQUIREMENT.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. GOTTFRIED.

MR. GOTTFRIED: YES. THANK YOU. THIS BILL

PROVIDES THAT -- WELL, IT DEALS WITH CIRCUMSTANCES WHERE A PATIENT IS

REQUIRED BY THEIR INSURANCE COMPANY TO MAKE A CO-PAY FOR A DRUG

PRESCRIPTION, AND THIS SAYS THAT THE INSURANCE COMPANY CANNOT -- WELL,

IT SAYS THAT YOU COUNT TOWARDS PAYING YOUR DEDUCTIBLE IF THE WAY YOU

PAY THAT DEDUCTIBLE OR CO-PAY IS WITH ASSISTANCE LIKE A -- A COUPON OR

DISCOUNT FROM A THIRD-PARTY. REALISTICALLY, YOU KNOW, IN ALMOST ALL

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NYS ASSEMBLY MAY 18, 2022

CASES, AS WE'VE ALL SEEN IN TV COMMERCIALS, IT WOULD BE A DRUG

COMPANY. THE BILL HAS -- AND OF COURSE THE PURPOSE OF THE BILL IS TO

ENABLE PATIENTS TO AFFORD THEIR -- THEIR MEDICATIONS. THE BILL HAS ONE

EXCEPTION. IT'S A REFERENCE TO FEDERAL LEGISLATION DEALING WITH HEALTH

SECURITY ACCOUNTS, HSAS, AND THERE ARE LIMITATIONS IN THAT LAW RELATING

TO HOW YOU PAY YOUR CO-PAY, AND THE BILL SAYS IF APPLYING THIS

LEGISLATION WOULD JEOPARDIZE COVERAGE BY YOUR HAS, THEN THIS BILL WOULD

NOT OPERATE IN THAT CASE.

I -- I MIGHT NOTE THAT THE BILL IS SUPPORTED BY THE

MEDICAL SOCIETY, BY THE PHARMACIST'S SOCIETY, BY THE NAACP, BY THE

NEW YORK STATE ASSOCIATION FOR RURAL HEALTH AND BY JUST ABOUT EVERY

PATIENT DISEASE GROUP YOU'VE EVER HEARD OF.

ACTING SPEAKER AUBRY: MR. RA.

MR. RA: THANK YOU, MR. SPEAKER. WILL THE SPONSOR

YIELD?

MR. GOTTFRIED: YES.

ACTING SPEAKER AUBRY: MR. GOTTFRIED YIELDS.

MR. RA: THANK YOU, MR. GOTTFRIED. SO, JUST A FEW

QUESTIONS. AND YOU -- AND YOU GAVE A GOOD DESCRIPTION OF THIS, BUT JUST

FOR OUR COLLEAGUES SO WE KNOW EXACTLY WHAT WE'RE TALKING ABOUT, YOU

MENTIONED THE TV COMMERCIALS. SO WE'RE TALKING ABOUT, YOU KNOW,

THOSE TYPES OF CARDS AND COUPONS AND THINGS THAT THEY SAY, HEY, GET

ONE OF THESE AND IT'LL SAVE YOU WHEN YOU GO INTO YOUR PHARMACY TO -- TO

GET DRUGS. I KNOW SOME OF THEM, THERE'S LIKE GOODRX, THEY'RE -- SOME

-- SOME OF THESE TYPES OF ENTITIES. IS THAT WHAT WE'RE TALKING ABOUT

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NYS ASSEMBLY MAY 18, 2022

HERE?

MR. GOTTFRIED: YES.

MR. RA: AND SO UNDER CURRENT LAW, ABSENT THIS

STATUTE, WHEN SOMEBODY UTILIZES THAT, THEIR SAVINGS ISN'T COUNTED BY --

BY THE PLAN TOWARDS THEIR DEDUCTIBLE, CORRECT?

MR. GOTTFRIED: CORRECT. OR AT LEAST IN -- IN -- FOR

MANY INSURANCE CARRIERS. THAT'S THE PRACTICE THE BILL IS AIMED AT, YES.

MR. RA: SO THEN UNDER THIS BILL IT WOULD BE COUNTED.

SO IF YOU HAVE A, YOU KNOW, CERTAIN NUMBER THAT YOU HAVE TO GET AT AS

A -- AS A DEDUCTIBLE, THAT COUPON WOULD COUNT TOWARDS OR THAT DISCOUNT

WOULD COUNT TOWARDS THAT NUMBER RATHER THAN IT ONLY COUNTING WHEN

THE CONSUMER IS PAYING OUT-OF-POCKET FOR A CO-PAY?

MR. GOTTFRIED: YES.

MR. RA: OKAY. SO, YOU KNOW, I WOULD NOTE WITH

REGARD TO THIS, OBVIOUSLY, RIGHT, THERE'S A BROAD CONVERSATION THAT WE

HAVE NOW, WE'VE BEEN HAVING FOR YEARS, THEY'VE BEEN HAVING AT THE

FEDERAL LEVEL REGARDING AFFORDABILITY OF MEDICATIONS. AND, YOU KNOW,

FOR MY COLLEAGUES WHO MAY HAVE SEEN MEMOS ABOUT THIS BILL, THERE'S A

BROAD RANGE OF SUPPORT FROM MANY TYPES OF GROUPS, PATIENTS AND I THINK

IN PARTICULAR WITH PEOPLE THAT HAVE, YOU KNOW, RARE DISORDERS THAT --

THAT RELY ON EXPENSIVE MEDICATIONS. BUT THERE'S ALSO BEEN CONCERNS

FROM THE HEALTH PLAN SIDE, AND -- AND ONE OF THEIR -- I -- I WOULD SAY

THEIR GENERAL CONCERN IS THAT THESE TYPES OF COUPON PROGRAMS TO SOME

LEVEL MIGHT MASK THE TRUE COST OF -- OF A DRUG, AND THAT THAT ENABLES,

YOU KNOW, THE PATIENT TO GET A VERY EXPENSIVE DRUG WHERE THERE MIGHT

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NYS ASSEMBLY MAY 18, 2022

BE A CHEAPER GENERIC AVAILABLE BECAUSE THEY'RE NOT ACTUALLY PAYING THE

FULL COST OF IT. SO I DON'T KNOW IF YOU CAN COMMENT ON THAT CONCERN

THAT HAS BEEN RAISED THAT ESSENTIALLY BECAUSE, YOU KNOW, THE COUPON'S

BEING COUNTED AND IT'S NOT COMING OUT OF THE PATIENT'S POCKET, IT DOESN'T

I GUESS INCENTIVIZE THE DRUG MANUFACTURER TO MAKE THE DRUG CHEAPER.

MR. GOTTFRIED: YEAH, IN THE VAST MAJORITY OF

CASES WHERE THESE COUPONS ARE USED, THERE IS NO GENERIC AVAILABLE AND

A PRECIOUS FEW ALTERNATIVES OF ANY KIND THAT ARE AS EFFECTIVE. AND SO IT

-- YOU KNOW, SOMETIMES WE HAVE TO MAKE CHOICES AS TO WHICH SIDE

WE'RE ON. WHETHER ON THE SIDE OF -- OF OUR CONSTITUENTS WHO STRUGGLE

EVEN WITH -- EVEN THOSE WHO HAVE INSURANCE, AND OF COURSE THIS BILL

ONLY APPLIES TO THOSE WHO HAVE INSURANCE, BUT WHO, YOU KNOW, THIS

BEING AMERICA, THE INSURANCE THAT WE ALL HAVE, INCLUDING YOU AND ME,

IS PRETTY CRUMMY WHEN IT COMES TO HOW MUCH COST IS IMPOSED ON

PATIENTS. THIS IS AN EFFORT TO TRY TO ALLEVIATE THAT BURDEN. AND AS I SAY,

YEAH, YOU HAVE TO -- SOMETIMES WE HAVE TO PICK WHICH SIDE WE'RE ON,

THE INSURANCE COMPANIES OR OUR CONSTITUENTS WHO ARE STRUGGLING TO PAY

FOR THE MODERN MEDICATIONS THAT THEIR DOCTORS HAVE PRESCRIBED FOR

THEM.

MR. RA: SO, YOU KNOW, YOU MENTIONED THAT IN MOST

CIRCUMSTANCES OR MANY CIRCUMSTANCES THIS MAY BE A SITUATION WHERE

THERE ARE NO GENERICS AVAILABLE. SO WHY NOT HAVE LANGUAGE IN THIS BILL

TO SPECIFICALLY GET AT THAT SITUATION, BUT PERHAPS ALLOW THIS PRACTICE

WHEN THERE IS A GENERIC AVAILABLE?

MR. GOTTFRIED: WELL, WE ALREADY HAVE A LAW THAT

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NYS ASSEMBLY MAY 18, 2022

SAYS THAT IF THERE IS A GENERIC AVAILABLE, THE PHARMACY MUST FILL THE

PRESCRIPTION WITH THE GENERIC UNLESS THE PRESCRIBER - IN MOST CASES YOUR

PHYSICIAN - HAS EXPLICITLY CHECKED OFF THE BOX THAT SAYS "DISPENSE AS

WRITTEN." SO WE ALREADY HAVE STRONG LEGISLATION, OR HAVE HAD FOR

DECADES, THAT STEERS PATIENT APPROPRIATELY TOWARDS GENERICS. BUT IF

YOUR PHYSICIAN HAS LOOKED AT THE SITUATION AND IN YOUR PHYSICIAN'S

PROFESSIONAL JUDGMENT BELIEVES THAT THE BRAND DRUG IS -- IS RIGHT FOR

YOU, NOT THE GENERIC, AND HAS GONE SO FAR AS TO SAY SO ON THE

PRESCRIPTION FORM, WE OUGHT TO RESPECT THAT. SO, YEAH, I'M -- I'M A BIG

BELIEVER IN PROMOTING USE OF GENERICS. THE LAW IS ON -- IS ON THAT SIDE.

THIS BILL IF IT BECOMES LAW WOULD ONLY KICK IN WHERE YOUR PHYSICIAN OR

OTHER PRESCRIBER HAS GONE OUT OF HIS OR HER WAY TO PRESCRIBE THE NON-

GENERIC OR THE BRAND NAME DRUG. AND IT SEEMS TO ME THAT THAT OUGHT TO

BE BETWEEN YOU AND YOUR PRESCRIBER AND -- AND MAYBE THE FDA, AND

THAT, AGAIN, IF WE HAVE TO DECIDE WHOSE INTEREST TO PROMOTE, YOURS OR

THE INSURANCE COMPANY, I THINK WE SHOULD BE ON -- ON THE SIDE OF

HELPING PEOPLE AFFORD THE DRUGS THAT THEIR PHYSICIAN HAS GONE OUT OF HIS

OR HER WAY TO PRESCRIBE.

MR. RA: THANK YOU. SO, TO -- TO THAT POINT AND I

THINK THAT'S WHAT WE ALL WOULD LIKE TO GET AT IS THAT, YOU KNOW, THAT THAT

COST OF PRESCRIPTION DRUGS THAT AND THE ABILITY TO MAKE SURE PEOPLE CAN

AFFORD THEM, ESPECIALLY INDIVIDUALS THAT, YOU KNOW, RELY ON EXPENSIVE

MEDICATIONS THAT MAY HAVE -- WHATEVER IT IS. WHETHER IT'S MS, CANCER,

YOU KNOW, THOSE TYPES OF DISORDERS THAT ARE -- REQUIRE A LOT OF DRUGS.

SO, YOU MENTIONED EARLIER, THOUGH, RIGHT, THOSE COMMERCIALS. AND

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NYS ASSEMBLY MAY 18, 2022

WE'VE -- AND I'M SURE WE'VE ALL SEEN THEM WHEN, YOU KNOW, SOMEBODY

WALKS UP TO THE COUNTER AND -- AND THEY SAY, THIS IS WHAT YOU OWE, AND

THEY SAY, OH, GEEZ, I CAN'T AFFORD THAT, AND SOMEBODY SAYS, HEY, YOU

SHOULD TRY THIS COUPON OR THIS CARD AND SAY, OH, YOU ONLY OWE $5 AND,

YOU KNOW, AND IT SEEMS LIKE A GREAT THING. BUT IT DOES CREATE KIND OF A

STRANGE SYSTEM BECAUSE IF THAT -- YOU KNOW, IN THAT WORLD THAT IS

CREATED IN THE COMMERCIAL IF NOBODY WAS THERE TO SAY, HEY, YOU SHOULD

HAVE THIS DISCOUNT CARD, THAT PERSON'S WALKING AWAY WITHOUT HAVING

BEEN ABLE TO AFFORD THE MEDICATION. SO I GUESS THE QUESTION IS, IS THIS

REALLY GET AT THE CORE ISSUE WHICH IS THE OVERALL COST OF THAT DRUG?

MR. GOTTFRIED: WELL, THIS IS GETTING AT THE ISSUE

OF ENABLING PEOPLE TO -- TO AFFORD THOSE DRUGS. THIS IS NOT THE -- THIS IS

NOT THE ANSWER TO THE HIGH COST OF PRESCRIPTION DRUGS. I DO HAVE A BILL,

THE NEW YORK HEALTH ACT, WHICH IF -- IF AND WHEN WE -- WE ENACT IT,

LEGISLATION LIKE THIS AND A LOT OF OTHER BILLS OF MINE AND OTHERS WOULD

NOT BE NECESSARY. AND THE NEW YORK HEALTH ACT WOULD HELP US TO

QUITE DRAMATICALLY BRING DOWN THE COST OF PRESCRIPTION DRUGS WITHOUT --

NOT ONLY WITHOUT INTERFERING WITH THE ABILITY OF PEOPLE TO GET THEIR --

THE DRUGS THEY ARE -- THEY NEED, BUT OF COURSE PROVIDING GREAT

ASSISTANCE FOR THEM TO DO THAT. SO THIS BILL, LIKE A LOT OF OTHERS, IS AN

IMPERFECT STEP TOWARDS A -- A FAIRER AND MORE JUST WORLD. THERE ARE

BIGGER STEPS THAT WE COULD TAKE, ALTHOUGH I HAVE A FEELING THAT THE

MEMBERS ON YOUR SIDE WOULD PROBABLY BE PRETTY ADAMANTLY OPPOSED TO

THEM.

MR. RA: YES, I THINK YOU'RE RIGHT ABOUT THAT. AND I

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NYS ASSEMBLY MAY 18, 2022

-- I WON'T SAY I LOOK FORWARD TO HAVING THAT DISCUSSION WITH YOU

BECAUSE I HOPE TO NOT SEE THAT BILL ON THE FLOOR. BUT IF IT'S HERE, IF IT

DOES COME OUT TO THE FLOOR, I -- I'M SURE WE'LL HAVE DISCUSSION ON IT LIKE

WE HAVE IN THE PAST.

SO, ONE OTHER THING THAT I WANTED TO RAISE. NOW,

FEDERAL PROGRAMS HAVE SOME RESTRICTIONS WITH REGARD TO THESE TYPES OF

COUPONS; IS THAT CORRECT?

MR. GOTTFRIED: YES. AND -- AND I MENTIONED

THAT IN MY -- IN MY EXPLAINING OF THE BILL. THERE ARE PROVISIONS IN THE

FEDERAL LAW THAT AUTHORIZES FEDERALLY-APPROVED HSAS, HEALTH

SPENDING ACCOUNTS, THAT WOULD NOT PROVIDE ELIGIBILITY -- COVERAGE FOR

THE PARTICULAR DRUG IN MANY CIRCUMSTANCES. IF THIS LEGISLATION WERE TO

OPERATE IN THOSE CASES AND, THEREFORE, THE BILL SAYS THAT IN THOSE CASES

THIS BILL WOULD NOT APPLY.

MR. RA: NOW, BUT ALSO MY UNDERSTANDING IS

MEDICARE OR MEDICAID ENROLLEES ARE NOT PERMITTED TO USE THESE OR -- OR

THE FEDERAL GOVERNMENT DOES NOT APPROVE OF THE USE OF COUPONS?

MR. GOTTFRIED: I CAN'T ANSWER WITH RESPECT TO

MEDICARE. WITH RESPECT TO MEDICAID, YOU WOULD -- THIS LEGISLATION

WOULD REALLY BE IRRELEVANT BECAUSE UNDER MEDICAID ANY CO-PAY IS

LIMITED TO A NOMINAL AMOUNT, NUMBER ONE, AND NUMBER TWO, IF THE

PATIENT GOES INTO THE PHARMACY AND SAYS, I DON'T WANT TO PAY THE

CO-PAY, UNDER NEW YORK MEDICAID LAW THE PHARMACY FILLS THE

PRESCRIPTION ANYWAY. SO THIS WHOLE ISSUE DOES NOT COME UP IN THE

MEDICAID CONTEXT. IF -- I'M -- I'M NOT AS WELL-VERSED IN THE RULES FOR

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NYS ASSEMBLY MAY 18, 2022

MEDICARE.

MR. RA: THANK YOU VERY MUCH, MR. GOTTFRIED.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR. RA.

MR. RA: THANK YOU TO MY COLLEAGUE. YOU KNOW,

HOPEFULLY IT'S NOT OUR -- OUR LAST DISCUSSION ON HEALTH ISSUES, BUT ALWAYS

ENJOY WORKING WITH -- WITH THE CHAIR, ESPECIALLY DURING MY YEARS ON

THE HEALTH COMMITTEE. AND LIKE I SAID, HOPEFULLY -- WELL, WE'LL DISCUSS

SOME OTHER BILL BY THE END OF SESSION BUT HOPEFULLY IT'S NOT THE ONE

CHAIRMAN GOTTFRIED REFERENCED.

SO AS I SAID EARLIER, YOU KNOW, YEAH, IT'S EASY TO LOOK

AT THIS AS BEING ARE YOU ON THE SIDE OF THE INSURANCE COMPANIES OR THE

PATIENTS. BUT IT'S NOT REALLY QUITE THAT SIMPLE HERE BECAUSE I GUESS KIND

OF A GOLIATH-TYPE INTEREST WITH REGARD TO THIS BILL IS REALLY

PHARMACEUTICAL COMPANIES AND -- AND INSURANCE COMPANIES. AND I -- I

THINK ON BALANCE, DOING THINGS TO TRY TO INCREASE PEOPLE'S AFFORDABILITY

IS IMPORTANT. LIKE I SAID, I WOULD RATHER GET AT THAT CORE ISSUE OF THE

OVERALL EXPENSE OF THE DRUGS, BUT I DO ALSO SEE, YOU KNOW, SITUATIONS

WHERE PEOPLE IN PARTICULAR THAT RELY ON A LOT OF MEDICATIONS THAT HAVE

THOSE TYPES OF DISEASE -- DISEASES, CHRONIC CONDITIONS, THINGS OF THAT

NATURE, CERTAINLY WOULD BENEFIT FROM -- FROM THIS BECAUSE INSTEAD OF

HAVING TO PAY ALL THE OUT-OF-POCKET, THE COUPON WOULD NOW APPLY. BUT

-- BUT I DO THINK THAT WHEN I MENTIONED I THINK AT THE OUTSET, THE IDEA OF

PERHAPS LANGUAGE IN A BILL LIKE THIS THAT SPECIFICALLY ADDRESSES THE

SITUATION WHERE THERE IS NOT A GENERIC AVAILABLE VERSUS WHEN THERE IS,

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NYS ASSEMBLY MAY 18, 2022

EVEN IF WE'RE SAYING THAT THE VAST MAJORITY OF THE TIME THAT'S WHAT WE'RE

TALKING ABOUT HERE THAT STILL LEAVES OPEN SOME -- SOME, YOU KNOW,

SITUATIONS WHERE WE'RE NOT TALKING ABOUT THAT SITUATION. AND, YOU

KNOW, WHEN THE COUPONS RUN OUT AND ALL OF THAT TYPE OF STUFF AND THE

PERSON STILL NEEDS THAT MEDICATION, THEY MAY BE PAYING MORE FOR THAT

BRAND DRUG INSTEAD OF THE GENERIC THAT MAY HAVE BEEN AVAILABLE.

SO I WOULD SUGGEST THAT PERHAPS DEPENDING ON WHERE

THIS GOES, SOME TYPE OF AMENDMENT MIGHT BE EFFECTIVE IN ADDRESSING

THAT SPECIFIC SITUATION SO THAT OVERALL WE CAN ENSURE THAT WE'RE STRIKING

THE RIGHT BALANCE TO MAKE SURE THAT WE'RE GETTING AT THE CORE ISSUE,

WHICH IS AFFORDABILITY OF PRESCRIPTION DRUGS FOR ALL OF OUR CONSTITUENTS

THAT WE REPRESENT.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON ASSEMBLY PRINT 1741-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.

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NYS ASSEMBLY MAY 18, 2022

PAGE 28, CALENDAR NO. 248, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A07502, RULES --

CALENDAR NO. 248, RAJKUMAR, ZEBROWSKI, GRIFFIN, BRABENEC, SAYEGH.

AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO AWARDS TO VICTIMS

OF CERTAIN CRIMES.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED.

MS. WALSH.

MS. WALSH: COULD WE HAVE AN EXPLANATION,

PLEASE?

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MS. RAJKUMAR.

MS. RAJKUMAR: OF COURSE. THANK YOU, MR.

SPEAKER. THIS BILL EXPANDS THE ELIGIBILITY FOR REIMBURSEMENT FOR

VICTIMS OF THE CRIMES OF RECKLESS ENDANGERMENT IN SECOND AND FIRST

DEGREE, DESPITE THE FACT THAT THESE ARE NON-PHYSICAL CRIMES. CURRENTLY,

TO RECEIVE REIMBURSEMENT FOR CERTAIN CRIME-RELATED EXPENSES, A VICTIM

MUST GENERALLY BE PHYSICALLY INJURED UNLESS THE NON-PHYSICAL CRIME IS

MENTIONED BY STATUTE. THIS BILL WOULD EXPAND THE LIST OF NON-INJURED

VICTIMS TO INCLUDE VICTIMS OF THE CRIME OF RECKLESS ENDANGERMENT IN

THE SECOND AND FIRST DEGREE IN ADDITION TO OTHER NON-PHYSICAL CRIMES

ALREADY CODIFIED BY THE STATUTE. AND FINALLY, THE BILL ALSO EXPANDS THE

REIMBURSABLE EXPENSES TO INCLUDE CRIME SCENE CLEANUP AND SECURING

THE CRIME SCENE.

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NYS ASSEMBLY MAY 18, 2022

ACTING SPEAKER AUBRY: MS. WALSH.

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

SPONSOR YIELD?

ACTING SPEAKER AUBRY: WILL YOU YIELD, MS.

RAJKUMAR?

MS. RAJKUMAR: YES.

ACTING SPEAKER AUBRY: MS. RAJKUMAR YIELDS.

MS. WALSH: THANK YOU. THANK YOU, MS.

RAJKUMAR. SO, YOU MENTIONED IN YOUR EXPLANATION OF THE BILL THAT

THERE ARE OTHER TYPES OF CRIME THAT -- THAT DO NOT INVOLVE PERSONAL

INJURY OR PHYSICAL INJURY THAT ARE ALREADY IN THE STATUTE. COULD YOU TALK

ABOUT THAT A LITTLE BIT, WHAT EXAMPLES OF WHAT THOSE ARE?

MS. RAJKUMAR: YES. EXECUTIVE LAW 631 IN ITS

SUBDIVISIONS 11 AND 12 ENUMERATES CERTAIN NON-PHYSICAL CRIMES AND

THAT ARE ALSO INCLUDED, AND THOSE INCLUDE MENACING, UNLAWFUL

SURVEILLANCE AND ROBBERY, AMONG OTHERS.

MS. WALSH: SO WHAT THIS BILL DOES, THEN, IS IT

FURTHER EXPANDS THE LIST OF NON-PHYSICAL INJURY-RELATED CRIMES THAT

COULD RECEIVE COMPENSATION THROUGH THE VICTIMS -- OFFICE OF VICTIM

SERVICES; IS THAT CORRECT?

MS. RAJKUMAR: CORRECT.

MS. WALSH: OKAY. AND WHY ADD RECKLESS

ENDANGERMENT FIRST AND SECOND INTO THIS BILL? WHAT'S THE REASON FOR

THAT? WHY IS THAT NEEDED?

MS. RAJKUMAR: WELL, THIS INCLUDES -- RECKLESS

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NYS ASSEMBLY MAY 18, 2022

ENDANGERMENT IN THE FIRST AND SECOND DEGREE ARE WORTHY TO ADD TO THIS

LIST OF NON-PHYSICAL CRIMES FOR THE FOLLOWING REASONS: IT INCLUDES

REALLY GRAVE OFFENSES LIKE, FOR EXAMPLE, IF YOU SHOOT A GUN AT A CROWD

THAT INCLUDES CHILDREN. EVEN IF NO ONE IS ACTUALLY INJURED, THIS IS

OBVIOUSLY VERY TRAUMATIC. AND SO THE -- THE PEOPLE IN THAT CROWD ARE

VICTIMS THAT WE DESERVE -- THAT WE BELIEVE DESERVE TO BE ELIGIBLE FOR

COMPENSATION.

MS. WALSH: SO LET'S TAKE THAT AS AN EXAMPLE. LET'S

SAY YOU'VE GOT 3- OR 400 PEOPLE IN TIMES SQUARE AND SOMEBODY --

SOMEBODY SHOOTS -- SHOOTS A GUN INTO THE CROWD. DOES THAT MEAN THAT

ALL OF THOSE INDIVIDUALS WHO ARE IN THAT CROWD WOULD BE ELIGIBLE TO

RECEIVE COMPENSATION THROUGH THE OFFICE OF VICTIM SERVICES?

MS. RAJKUMAR: WELL, THAT IS A DETERMINATION, A

VERY FACT-BASED INQUIRY THAT WOULD HAVE TO BE MADE BY A JUDGE. AND

THEY'LL HAVE TO LOOK CAREFULLY. I MEAN, THAT SCENARIO I THINK IT WOULD

DEPEND ON CERTAIN -- VERY FACT-SPECIFIC INQUIRIES SUCH AS WHO WAS CLOSE

TO THE BULLETS. I MEAN, IF YOU WERE ALL THE WAY IN THE BACK OF THE CROWD

YOU MAY NOT BE AS ELIGIBLE AS IF YOU WERE IN THE FRONT. SO A JUDGE

WOULD HAVE TO LOOK AT ALL THE FACTS AND MAKE THAT DETERMINATION.

MS. WALSH: SO, BUT IN PROXIMITY TO THE ACTUAL

DANGER IN THE PATH OF THE -- OF THE BULLET WOULD BE A FACTOR THAT YOU --

THAT YOU BELIEVE WOULD BE SOMETHING THAT THE -- THE JUDGE LOOKING AT

THIS WOULD BE EVALUATING?

MS. RAJKUMAR: THAT WOULD BE UP TO THE JUDGE,

BUT I THINK PERHAPS THAT WOULD BE REASONABLE.

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NYS ASSEMBLY MAY 18, 2022

MS. WALSH: I REMEMBER GOING WAY BACK A MILLION

YEARS AGO WHEN I WAS IN LAW SCHOOL WE TALKED ABOUT THE ZONE OF

DANGER AS -- IN THIS PALSGRAF DECISION. I CAN'T EVEN BELIEVE I CAN

REMEMBER THIS, THIS IS HOW LONG AGO IT WAS. BUT THAT WAS -- ONE OF

THINGS THAT YOU HAD TO LOOK AT WAS WHETHER THE INDIVIDUAL WAS WITHIN

THE -- THE ZONE OF -- OF ACTUAL DANGER AND NOT -- NOT A MERE BYSTANDER.

AND THAT THAT WAS A DISTINCTION THAT MADE A DIFFERENCE AS TO WHETHER

SOMEBODY COULD RECOVER PECUNIARY DAMAGES FOR NON-PHYSICAL INJURY

LIKE MENTAL DISTRESS AND THINGS LIKE THAT. THAT -- THAT ACTUALLY LEADS ME

TO THE NEXT QUESTION, WHICH IS WHAT TYPES OF DAMAGES WOULD BE

RECOVERABLE BY THE VICTIM OF RECKLESS ENDANGERMENT FIRST OR SECOND

UNDER THIS LEGISLATION IF IT WAS DETERMINED THAT THEY WERE WITHIN, SAY, A

ZONE OF DANGER BY A JUDGE? WHAT COULD THEY RECOVER?

MS. RAJKUMAR: THE STATUTE ENUMERATES A SPECIFIC

CATEGORY OF RECOVERABLE EXPENSES, AND THOSE -- AND THOSE INCLUDE --

THEY INCLUDE CRIME SCENE CLEANUP. ALSO, THE COST OF MENTAL HEALTH

SERVICES THAT YOU MIGHT NEED AFTER A TRAUMATIC EXPERIENCE, AND ALSO

RECOVERING YOUR LOST EARNINGS.

MS. WALSH: OKAY, SO LOST EARNINGS. COULD YOU --

COULD YOU RECEIVE DAMAGES FOR JUST PAIN AND SUFFERING OR MENTAL

ANGUISH?

MS. RAJKUMAR: NO. WHAT'S INCLUDED IN THIS

STATUTE IS MENTAL HEALTH COUNSELING.

MS. WALSH: SO A MEDICAL BILL THAT YOU WOULD GET

FROM, SAY, SEEING A COUNSELOR OR SEEING A PSYCHOLOGIST OR PSYCHIATRIST.

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NYS ASSEMBLY MAY 18, 2022

THOSE TYPES OF THINGS, ALONG WITH LOST EARNINGS AND ANY CLEANUP COSTS

ASSOCIATED WITH IT AS WELL? THAT'S THE -- THE THINGS THAT YOU COULD

RECEIVE COMPENSATION FOR?

MS. RAJKUMAR: YES, THAT'S THE LIST. NO MORE, NO

LESS.

MS. WALSH: OKAY. VERY GOOD. VERY GOOD. I

THINK THOSE WERE ALL THE QUESTIONS THAT I HAD.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MS.

WALSH.

MS. WALSH: SO, I APPRECIATE THE -- THE SPONSOR'S

ANSWERS TO THE QUESTIONS THAT I RAISED. I THINK THAT THOSE WHO ARE

CONCERNED ABOUT THIS EXPANSION RECOGNIZE THAT ALTHOUGH THE STATUTE

CURRENTLY DOES ALLOW FOR RECOVERY IN INSTANCES WHERE THERE IS NO

PHYSICAL INJURY, THAT HAS BEEN -- PRETTY MUCH IT'S BEEN LIMITED TO THIS

POINT TO, AS THE SPONSOR CORRECTLY NOTED, UNLAWFUL SURVEILLANCE AND --

AND THERE WAS ONE OTHER THING, TOO, UNLAWFUL SURVEILLANCE. OH, ROBBERY

AND I THINK THERE WAS A THIRD ONE AND I APOLOGIZE, I CAN'T THINK OF IT

RIGHT NOW. BUT TO FURTHER EXPAND IT TO SOMETHING LIKE RECKLESS

ENDANGERMENT FIRST OR SECOND IS -- COULD REALLY GREATLY EXPAND THE --

THE NUMBERS OF INDIVIDUALS WHO COULD RECOVER. IF YOU THINK ABOUT THE

EXAMPLE THAT WE DISCUSSED, SOMETHING LIKE FIRING INTO A CROWD, DO WE

WANT THE OFFICE OF VICTIM SERVICES TO BE ABLE TO CONSIDER PERHAPS

HUNDREDS OF PEOPLE PER INCIDENT WHO COULD BE ELIGIBLE FOR SOME TYPE

OF RECOVERY IN TERMS OF MONEY THAT THEY COULD RECEIVE? NOW, THIS IS

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NYS ASSEMBLY MAY 18, 2022

AN OFFICE OF VICTIM SERVICES PROGRAM BILL, SO THEY ARE -- THEY ARE

SPECIFICALLY ASKING FOR THE ABILITY TO MAKE THESE TYPES OF AWARDS. AND

WE DON'T HAVE ANY SPECIFIC LETTERS OR MEMOS OF OPPOSITION TO THE

LEGISLATION. AND ACTUALLY, AS THE MATTER WAS COMING THROUGH

COMMITTEE WE DID HAVE A FEW NO VOTES BUT NOT A LOT OF OPPOSITION TO

THE BILL. SO I ASSUME THAT THERE WILL BE MEMBERS WHO WILL VOTE YES AND

NO. BUT THE CONCERN I THINK IS THAT IT CAN BE INTERPRETED AS BEING RATHER

VAGUE IN TERMS OF HOW YOU CAN EVALUATE AN INDIVIDUAL'S ANGUISH. AND

ALTHOUGH WE ARE LOOKING AT SOMETHING MORE HARD LIKE A MEDICAL BILL OR

FOR MENTAL HEALTH COUNSELING OR LOST WAGES, DO WE WANT TO EXPAND THAT

SO GREATLY INTO THE SITUATIONS THAT WE'VE DISCUSSED WHERE YOU ARE -- YOU

ARE A BYSTANDER AND HAVE NOT YOURSELF SUFFERED ANY PHYSICAL HARM? DO

WE WANT TO CONTINUE TO EXPAND THE STATUTE TO INCLUDE SO MANY MORE

INDIVIDUALS?

SO FOR THOSE REASONS I WOULD EXPECT THAT WE WILL HAVE

SOME MEMBERS, AS I SAID, IN SUPPORT OF THIS LEGISLATION AND OTHERS NOT.

BUT I DO THANK THE SPONSOR AND I APPRECIATE HER ANSWERS TO MY

QUESTIONS. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON SENATE PRINT 8976. THIS IS A PARTY VOTE. ANY MEMBER WHO

WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION IS

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NYS ASSEMBLY MAY 18, 2022

REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS

PREVIOUSLY PROVIDED.

MS. WALSH.

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

REPUBLICAN CONFERENCE WILL GENERALLY SPEAKING BE IN THE NEGATIVE ON

THIS PARTICULAR PIECE OF LEGISLATION FOR THE REASONS THAT I HAVE STATED.

BUT THERE WILL BE MEMBERS WHO WILL WISH TO VOTE IN THE AFFIRMATIVE

AND THEY SHOULD DO SO IN THE CHAMBER OR BY CALLING THE MINORITY

LEADER'S OFFICE.

THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MS. SOLAGES.

MS. SOLAGES: MAJORITY MEMBERS WILL BE VOTING IN

THE AFFIRMATIVE. ANY MEMBERS THAT WISH TO VOTE AGAINST THIS MEASURE

ARE ENCOURAGED TO CALL THE MAJORITY LEADER'S OFFICE AND WE WILL

ANNOUNCE THEIR NAME ACCORDINGLY.

ACTING SPEAKER AUBRY: SO NOTED. THANK

YOU.

(THE CLERK RECORDED THE VOTE.)

MS. RAJKUMAR TO EXPLAIN HER VOTE.

MS. RAJKUMAR: THANK YOU, MR. SPEAKER. I AM

PROUD TO SPONSOR THIS BILL EXPANDING THE LIST OF NON-PHYSICAL CRIMES

THAT ARE ELIGIBLE FOR CERTAIN CRIME-RELATED EXPENSES. AND THE REASON IS

THAT NON-PHYSICAL INJURIES ARE JUST AS REAL, AND EVEN MORE REAL AND

DEBILITATING SOMETIMES THAN PHYSICAL ONES. THIS BILL RECOGNIZES THAT

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NYS ASSEMBLY MAY 18, 2022

FACT.

I URGE MY COLLEAGUES TO VOTE IN THE AFFIRMATIVE AND

SUPPORT THIS BILL. THANK YOU.

ACTING SPEAKER AUBRY: MS. RAJKUMAR IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MS. SOLAGES.

MS. SOLAGES: MR. SPEAKER, DO YOU HAVE ANY

FURTHER HOUSEKEEPING OR RESOLUTIONS?

ACTING SPEAKER AUBRY: WE DO HAVE

HOUSEKEEPING AND RESOLUTIONS, BUT WE'LL START WITH THIS.

ON A MOTION BY MR. GOTTFRIED, PAGE 12, CALENDAR NO.

8, BILL NO. 196-B, THE AMENDMENTS ARE RECEIVED AND ADOPTED.

ON BEHALF OF MR. CAHILL, BILL NO. A.1393-A,

ASSEMBLY BILL RECALLED FROM THE SENATE. THE CLERK WILL READ THE TITLE

OF THE BILL.

THE CLERK: AN ACT TO AMEND THE HIGHWAY LAW.

ACTING SPEAKER AUBRY: MOTION TO RECONSIDER

THE VOTE BY WHICH THE BILL PASSED THE HOUSE. THE CLERK WILL RECORD THE

VOTE.

(THE CLERK RECORDED THE VOTE.)

THE CLERK WILL ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

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NYS ASSEMBLY MAY 18, 2022

THE BILL IS BEFORE THE HOUSE AND THE AMENDMENTS ARE

RECEIVED AND ADOPTED.

ON BEHALF OF MR. CYMBROWITZ, BILL A.2519,

ASSEMBLY BILL RECALLED FROM THE SENATE. THE CLERK WILL READ THE TITLE

OF THE BILL.

THE CLERK: AN ACT TO AMEND THE INSURANCE LAW.

ACTING SPEAKER AUBRY: MOTION TO RECONSIDER

THE VOTE BY WHICH THE BILL PASSED THE HOUSE. THE CLERK WILL RECORD THE

VOTE.

(THE CLERK RECORDED THE VOTE.)

THE CLERK WILL ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS BEFORE IS HOUSE, THE AMENDMENTS ARE

RECEIVED AND ADOPTED.

ON BEHALF OF MR. EPSTEIN, BILL NO. A.3298, ASSEMBLY

BILL RECALLED FROM THE SENATE. THE CLERK WILL READ THE TITLE OF THE BILL.

THE CLERK: AN ACT TO AMEND THE PUBLIC HEALTH

LAW.

ACTING SPEAKER AUBRY: MOTION TO RECONSIDER

THE VOTE BY WHICH THE BILL PASSED THE HOUSE. THE CLERK WILL RECORD THE

VOTE.

(THE CLERK RECORDED THE VOTE.)

THE CLERK WILL ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS BEFORE THE HOUSE AND THE AMENDMENTS ARE

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NYS ASSEMBLY MAY 18, 2022

RECEIVED AND ADOPTED.

AND FINALLY, WE HAVE NUMEROUS FINE RESOLUTIONS

WHICH WE WILL TAKE UP WITH ONE STRONG VOICE.

ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO.

THE RESOLUTIONS ARE ADOPTED.

(WHEREUPON, ASSEMBLY RESOLUTION NOS. 936-942

WERE UNANIMOUSLY ADOPTED.)

MS. SOLAGES TO SEND US HOME.

MS. SOLAGES: MR. SPEAKER, IT'S BEEN A PLEASURE.

I NOW MOVE THAT THE ASSEMBLY STAND ADJOURNED UNTIL

THURSDAY, MAY 19TH, TOMORROW BEING A LEGISLATIVE DAY AND THAT WE

RECONVENE AT 12:30 P.M. ON MAY 23RD, MONDAY BEING A SESSION DAY.

ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS

ADJOURNED.

(WHEREUPON, AT 3:33 P.M., THE HOUSE STOOD ADJOURNED

UNTIL THURSDAY, MAY 19TH, THAT BEING A LEGISLATIVE DAY, AND TO

RECONVENE ON MONDAY, MAY 23RD AT 12:30 P.M., THAT BEING A SESSION

DAY.)

148