MONDAY, MAY 24, 2021 3:17 P.M.

ACTING SPEAKER AUBRY: THE HOUSE WILL COME

TO ORDER.

THE REVEREND ELIA WILL OFFER A PRAYER.

REVEREND DONNA ELIA: LET US PRAY. HOLY AND

LOVING GOD, WE'VE COME INTO YOUR PRESENCE ASKING FOR YOUR BLESSING

AND OFFERING OUR GRATITUDE. BLESS THIS LEGISLATIVE BODY AS IT GATHERS TO

DO THE VITAL WORK OF BUILDING OUR STATE. LET THEIR DELIBERATION, DEBATE

AND DECISION-MAKING BE FILLED WITH WISDOM AND HUMILITY, HONOR AND

COURAGE. WHEN THEY FEEL WEARY, UPHOLD THEM. WHEN A WAY FORWARD

SEEMS ELUSIVE, GIVE THEM NEW INSIGHT. STRENGTHEN THEIR RELATIONSHIPS

AND GIFT THEM WITH A SENSE OF APPRECIATION FOR THIS IMPORTANT CALLING.

WE THANK YOU FOR THE DISABILITY RIGHTS MOVEMENT FOR THOSE WHO HAVE

HAD THE COURAGE TO RAISE THEIR VOICES SO THE DIGNITY OF ALL PERSONS

NYS ASSEMBLY MAY 24, 2021

WOULD BE HONORED. HELP US TO USE OUR POWER AND PRIVILEGE TO LIFT UP

ALL PEOPLE. EMPOWER THOSE WHO ARE BLIND, PERSONS WITH PHYSICAL

DISABILITIES AND PEOPLE WITH INVISIBLE DISABILITIES LIKE THE DEAF AND

THOSE WITH MENTAL ILLNESS. HELP US CREATE A SOCIETY THAT VALUES THE

ABILITIES OF ALL PEOPLE. HOLY ONE, THANK YOU FOR EACH LEGISLATOR AND

EVERY STAFF PERSON. THANK YOU FOR THEIR CARE, DILIGENT WORK AND

INTEGRITY. INFUSE THEM WITH COURAGE, COMPASSION AND WELL-BEING, AND

BRING WHOLENESS AND PEACE TO OUR WORLD.

IN YOUR HOLY NAME WE PRAY. AMEN.

MEMBERS: AMEN.

ACTING SPEAKER AUBRY: VISITORS ARE INVITED

TO JOIN THE MEMBERS IN THE PLEDGE OF ALLEGIANCE.

(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND

MEMBERS IN THE PLEDGE OF ALLEGIANCE.)

A QUORUM BEING PRESENT, THE CLERK WILL READ THE

JOURNAL OF SUNDAY, MAY 23RD.

MRS. PEOPLES-STOKES.

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

THAT WE DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF MAY THE

23RD AND ASK THAT THE SAME STAND APPROVED.

ACTING SPEAKER AUBRY: WITHOUT OBJECTION,

SO ORDERED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, SIR. I

CERTAINLY WANT TO WELCOME COLLEAGUES TO THE CHAMBERS. IT'S NICE TO SEE

NYS ASSEMBLY MAY 24, 2021

SOME THAT HAVEN'T BEEN HERE YET THIS SESSION. I JUST WANT TO WELCOME

THOSE WHO ARE WITH US REMOTE AS WELL. TODAY IS DISABILITIES DAY. WE

HAVE A NUMBER OF PIECES THAT WE'RE GOING TO PASS AROUND THAT. SO MY

QUOTE TODAY IS FROM CHRISTOPHER REEVE. HE'S SHARING WITH US TODAY,

"A HERO IS AN ORDINARY INDIVIDUAL WHO FINDS THE STRENGTH TO PERSEVERE

AND ENDURE IN SPITE OF OVERWHELMING OBSTACLES." AGAIN, MR. SPEAKER,

THOSE WORDS ARE FROM CHRISTOPHER REEVE.

I CERTAINLY WANT TO REMIND COLLEAGUES THAT THIS IS THE

FIRST SESSION DAY OF THE 21ST WEEK OF THE 244TH LEGISLATIVE SESSION,

AND THAT WE HAVE ON OUR DESK A MAIN CALENDAR AS WELL AS A DEBATE LIST

AND AN A-CALENDAR. MR. SPEAKER, I WOULD NOW LIKE TO MOVE THAT

A-CALENDAR.

ACTING SPEAKER AUBRY: ON MRS.

PEOPLES-STOKES' MOTION, THE A-CALENDAR IS ADVANCED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, SIR. AFTER

HOUSEKEEPING AND/OR INTRODUCTIONS WE'RE GOING TO TAKE UP RESOLUTIONS

WHICH IS ON THE MAIN CALENDAR ON PAGE 3. THAT ONE IS BY MR. ABINANTI

AND IT IS ASSOCIATED WITH TODAY'S LEGISLATIVE DISABILITIES AWARENESS

DAY. OUR PRINCIPAL WORK FOR TODAY WILL BE TAKING UP NINE ASSEMBLY

LEGISLATIVE BILLS AROUND THE ISSUE OF DISABILITIES: RULES REPORT NO. 76

BY MS. BUTTENSCHON, RULES REPORT NO. 86 BY MR. STECK, RULES REPORT

NO. 90 BY MS. DICKENS, RULES REPORT NO. 94 BY MRS. GUNTHER, RULES

REPORT NO. 96 BY MS. KELLES, CALENDAR NO. 353 BY MR. HEVESI,

CALENDAR NO. 354 BY MR. LAVINE, CALENDAR NO. 357 BY MR. CUSICK,

NYS ASSEMBLY MAY 24, 2021

AND CALENDAR NO. 384 BY MR. ABINANTI. WE WILL ALSO BE CONSENTING

BILLS, NEW BILLS ON THE A-CALENDAR, AS WELL AS WORKING OFF OUR DEBATE

LIST FOR TODAY.

SO AS OUTLINED, MR. SPEAKER, YOU COULD SEE THERE'S A

CONSIDERABLE AMOUNT OF WORK TO BE DONE TODAY AND I WOULD ASK

MEMBERS' ATTENTION TO DETAIL SO THAT WE CAN GET THROUGH WITH SOME

EXPEDIENCY. THAT'S A GENERAL OUTLINE, AND UNLESS THERE ARE SOME OTHER

INTRODUCTIONS AND/OR HOUSEKEEPING, WE CAN MOVE FORWARD.

ACTING SPEAKER AUBRY: THANK YOU, MRS.

PEOPLES-STOKES. WE DO HAVE SOME HOUSEKEEPING.

ON A MOTION BY MR. JACOBSON, PAGE 16, CALENDAR NO.

193, BILL NO. A.349, AMENDMENTS ARE RECEIVED AND ADOPTED.

WE WILL GO TO RESOLUTIONS. WE'LL START WITH -- ON PAGE

3, 325. THE CLERK WILL READ.

THE CLERK: ASSEMBLY RESOLUTION NO. 325, MS.

JEAN-PIERRE.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM MAY 22-28, 2021, AS SAFE BOATING

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

NATIONAL SAFE BOATING WEEK.

ACTING SPEAKER AUBRY: MR. SMULLEN ON THE

RESOLUTION.

MR. SMULLEN: THANK YOU VERY MUCH, MR.

SPEAKER. I WOULD LIKE TO COMMEND THE SPONSOR OF THIS RESOLUTION FOR

PUTTING IT FORTH THIS WEEK. WE'RE STARTING THE BOATING SEASON IN UPSTATE

NYS ASSEMBLY MAY 24, 2021

NEW YORK AND IT'S VERY IMPORTANT. I DO WANT TO MENTION A SPECIAL

PERSON IN THE SACANDAGA -- GREAT SACANDAGA LAKE INITIATIVE, THERESA

DABIERE-CRAIG. SHE'S BEEN AN ABSOLUTE ADVOCATE FOR SAFE BOATING IN

OUR AREA. UNFORTUNATELY, SHE LOST HER SON SEAN CRAIG IN A BOATING

ACCIDENT AND SHE'S (INAUDIBLE/AUDIO LOST) AND THE SPONSOR FOR PUTTING

FORTH THIS FINE RESOLUTION AND WISH EVERYONE TO BE SAFE IN THEIR BOATING

THIS SUMMER.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. BROWN ON THE RESOLUTION.

MR. BROWN: THANK YOU, MR. SPEAKER. I, TOO, WANT

TO JOIN MY COLLEAGUE IN COMMENDING THE SPONSOR OF THIS LEGISLATION --

I'M SORRY, THIS RESOLUTION PROCLAIMING MAY 22-28 AS SAFE BOATING

WEEK. LIKE MR. SMULLEN, I HAVE A CONSTITUENT WHO LOST HER DAUGHTER

IN A BOATING ACCIDENT, AND SHE IS THE REASON WHY WE HAVE BRIANNA'S

LAW TODAY. AND I JUST WANT TO THANK GINA LIENECK FOR ALL OF HER

ADVOCACY WHEN IT COMES TO SAFE BOATING WEEK AND MAKING OUR -- OUR

WATERWAYS SAFER HERE IN NEW YORK STATE.

SO, THANK YOU VERY MUCH.

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. 326, MRS.

BARRETT.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

NYS ASSEMBLY MAY 24, 2021

ANDREW M. CUOMO TO PROCLAIM JUNE 2021, AS FARMERS MARKET

APPRECIATION 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. 327, MR.

DESTEFANO.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM JULY 2021, AS CULINARY ARTS MONTH 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 RESOLUTION. I'M HAPPY TO BRING FORTH THIS

RESOLUTION. THE LATE ANTHONY BOURDAIN ONCE SAID, FOOD IS EVERYTHING

WE ARE. IT'S AN EXTENSION OF OUR NATIONALIST FEELING, ETHNIC FEELING, YOUR

PERSONAL HISTORY, YOUR PROVINCE, YOUR REGION, YOUR TRIBE, YOUR

GRANDMA. IT'S INSEPARABLE FROM THOSE THAT WE GO TO [SIC]. FOOD HAS A

GREAT WAY OF BEING THE GLUE THAT BRINGS PEOPLE TOGETHER. THE TRIGGER OF

A MEMORY AND THE UNDERSTANDING OF CULTURE. AND I'M HAPPY TO LIVE IN A

PLACE WHERE THERE'S A VARIETY OF DIFFERENT BACKGROUNDS REPRESENTED IN

ONE PLACE. I WOULD LIKE TO RECOGNIZE THOSE WHO TAKE THE TIME TO TRULY

UNDERSTAND THIS, AS WELL AS THE PROGRAMS IN MY DISTRICT THAT WORK

TOWARDS THIS SORT OF EDUCATION. IT IS A -- IT'S WONDERFUL SEEING PEOPLE

TAKING ON TRADES EARLY ON SUCH AS THE WILLIAM FLOYD HIGH SCHOOL IN MY

NYS ASSEMBLY MAY 24, 2021

DISTRICT AS WELL AS THE OTHER SCHOOL DISTRICTS THAT I REPRESENT, FOR BEING

ABLE TO UNDERSTAND THAT ALL FOOD GOES INTO PRODUCTION AND TO SEE WHAT

THE FINAL PRODUCT IS AND A SPECIAL KIND OF FULFILLMENT AND SATISFACTION TO

THEIR -- TO THEIR WORK. I LOOK FORWARD TO SEE WHAT THESE GREAT THINGS

THAT OUR STUDENTS DO IN THIS FIELD.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR. ALL

THOSE IN FAVOR OF THE RESOLUTION SAY MM MM GOOD --

(LAUGHTER)

OPPOSED -- THE RESOLUTION IS ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 328, MS.

ZINERMAN.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM AUGUST 26, 2021, AS WOMEN'S

EQUALITY DAY IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 329, MS.

BUTTENSCHON.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM SEPTEMBER 2021, AS BRAIN ANEURYSM

AWARENESS MONTH IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: MS. BUTTENSCHON ON

THE RESOLUTION.

NYS ASSEMBLY MAY 24, 2021

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

THE OPPORTUNITY TO -- TO INTRODUCE THIS IMPORTANT RESOLUTION DESIGNATING

SEPTEMBER BRAIN ANEURYSM AWARENESS MONTH IN NEW YORK. ROUGHLY

1 IN 50 PEOPLE IN THE UNITED STATES HAVE HAD UNRUPTURED BRAIN

ANEURYSMS AND ABOUT 30,000 PEOPLE SUFFER FROM BRAIN ANEURYSM

RUPTURES EACH YEAR. UNFORTUNATELY, 40 OF THOSE -- 40 PERCENT OF THOSE

CASES ARE FATAL. THIS MONTH HELPS RECOGNIZE THE IMPORTANCE OF THIS

SERIOUS MEDICAL CONDITION. THE BRAIN ANEURYSM FOUNDATION CREATED

THIS AWARENESS CAMPAIGN TO HELP REDUCE THESE RUPTURES BY RAISING THIS

AWARENESS. THIS MONTH ALSO SERVES AS A REMINDER THAT WE ALL NEED TO

MAINTAIN OUR MEDICAL FITNESS SO THAT WE CAN ENSURE THAT WE DO NOT GO

MISDIAGNOSED OR HAVE DELAYS IN DIAGNOSING AND SEEKING MEDICAL

SERVICES.

I ENCOURAGE MY COLLEAGUES TO SUPPORT THIS VITAL

RESOLUTION TO HELP IMPROVE THE LIVES OF NEW YORKERS AND ULTIMATELY

SAVE LIVES. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, MA'AM.

MR. MANKTELOW ON THE RESOLUTION.

MR. MANKTELOW: YES, THANK YOU, MR. SPEAKER.

I JUST WANT TO SAY THANK YOU TO THE SPONSOR FOR BRINGING THIS RESOLUTION

FORWARD TODAY. MY WIFE ACTUALLY HAD A BRAIN ANEURYSM BACK WHEN SHE

WAS 18 OR 19 YEARS OLD, LONG BEFORE I KNEW HER, AND THEY WERE ABLE TO

TAKE CARE OF IT. THERE WAS SOME PARALYSIS, BUT THEY WERE ABLE TO DO SO

AND FORTUNATELY, SHE'S HERE TODAY WITH US.

SO AGAIN, I JUST WANT TO SAY THANK YOU TO THE -- THANK

NYS ASSEMBLY MAY 24, 2021

YOU TO THE SPONSOR FOR BRINGING THIS FORWARD. 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. 324, MR.

ABINANTI.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM MONDAY, MAY 24, 2021, AS NEW YORK

STATE ASSEMBLY LEGISLATIVE DISABILITIES AWARENESS DAY.

ACTING SPEAKER AUBRY: MR. ABINANTI ON THE

RESOLUTION.

MR. ABINANTI: THANK YOU, MR. SPEAKER. AS THE

CHAIR OF THE NEW COMMITTEE ON PEOPLE WITH DISABILITIES, I'M PLEASED

THAT TODAY WE ARE CELEBRATING THE 41ST ANNUAL LEGISLATIVE DISABILITIES

AWARENESS DAY. AND I'M HONORED TO BE PART OF TODAY'S EVENT, EVEN

THOUGH THE EVENT UNFORTUNATELY LOOKS NOTHING LIKE IT NORMALLY DOES. AS

MANY OF YOU KNOW, THE TRADITIONAL DISABILITIES AWARENESS DAY BRINGS

HUNDREDS OF PEOPLE WITH DISABILITIES, ADVOCATES, FAMILY MEMBERS AND

GIVES US A PROGRAM AND -- THAT SERVICE PROVIDERS PARTICIPATE IN. IT'S AN

OCCASION TO MEET TOGETHER TO TALK ABOUT MATTERS IMPORTANT TO THE

DISABILITY COMMUNITY, TO THANK LEGISLATORS FOR THE GREAT JOB THAT WE DO

ON THEIR BEHALF, AND TO LOBBY US TO DO MORE ON THEIR BEHALF. BUT AS THE

COVID PANDEMIC APPEARS TO BE WINDING DOWN, WE'RE STILL NOT QUITE

READY TO PUBLICLY GATHER IN THE WAY THAT WE USED TO GATHER. SO WE JUST

HOPE THAT NEXT YEAR WE'LL BE ABLE TO GET TOGETHER IN THE TRADITIONAL

NYS ASSEMBLY MAY 24, 2021

FASHION WHERE WE CAN TALK ABOUT THE GOALS OF INTEGRATION, INCLUSION AND

INDEPENDENCE IN A -- IN THE USUAL WAY THAT WE HAVE IN THE PAST.

IN THE MEANTIME, TODAY, IN HONOR OF DISABILITIES

AWARENESS DAY WE WILL CONSIDER THIS RESOLUTION AND A NUMBER OF BILLS

THAT WILL IMPROVE THE LIVES OF PEOPLE WITH DISABILITIES IN MEANINGFUL

WAYS. TODAY WE WILL TAKE SOME IMPORTANT STEPS TO ADJUST THE STRUCTURAL

ELEMENTS OF THE STATE TO BETTER FOSTER THE GOALS OF INTEGRATION, INCLUSION

AND INDEPENDENCE. WE WILL CONTINUE SOME OF THE THINGS THAT HAVE

BEEN WORKING FOR US IN THE PAST, AND WILL RESET THE DIRECTION OF SOME OF

THE OTHERS. AND THEN AFTER TODAY, WE'LL CONTINUE TO TALK IN A

SOCIALLY-DISTANCED MANNER ABOUT THE MATTERS THAT NEED TO BE CONSIDERED

AFTER WE FINISH TODAY'S WORK. WE'LL TALK ABOUT EARLY INTERVENTION, WE'LL

TALK ABOUT SCHOOL SERVICES, ESPECIALLY THOSE THAT WERE DISRUPTED OVER

THE LAST TWO YEARS BECAUSE OF THE COVID PANDEMIC. WE'LL TALK ABOUT

TRANSITION AND HOUSING AND EMPLOYMENT. BUT WE ALL LOOK FORWARD TO

BEING HERE AGAIN NEXT YEAR IN THE TRADITIONAL WAY, AND WE LOOK FORWARD

TO WORKING ON THE LEGISLATION THAT WE HAVE BEFORE US.

SO I WANT TO THANK THE SPEAKER, I WANT TO THANK THE

STAFF AND I WANT TO THANK ALL OF THE OTHERS WHO PUT TOGETHER THIS

PACKAGE TODAY WHICH IS GOING TO MAKE A SIGNIFICANT DIFFERENCE IN SO

MANY PEOPLE'S LIVES. THANK YOU, MR. SPEAKER.

SPEAKER HEASTIE: GOOD AFTERNOON COLLEAGUES,

FRIENDS AND ADVOCATES. WHILE I WISH WE COULD BE TOGETHER OBSERVING

OUR ANNUAL LEGISLATIVE DISABILITIES AWARENESS DAY, REST ASSURED OUR

COMMITMENT TO THIS COMMUNITY IS UNWAVERING. I WOULD LIKE TO

NYS ASSEMBLY MAY 24, 2021

ACKNOWLEDGE THE HARD WORK OF KIM HILL AND THE COMMITTEE ON PEOPLE

WITH DISABILITIES, LED BY THE FORMER SPEAKER, ASSEMBLYMEMBER TOM

ABINANTI. IN JUST A FEW MOMENTS WE WILL TAKE UP A PACKAGE OF BILLS

PROMOTING ACCESS AND INCLUSION, AS WELL AS MEASURES TO EMPOWER NEW

YORKERS WITH DISABILITIES TO LIVE FULL AND INDEPENDENT LIVES IN THEIR

COMMUNITY. ALTHOUGH THIS PANDEMIC HAS KEPT US FROM MEETING IN

PERSON THIS YEAR, IT HAS NOT SLOWED DOWN THE TIRELESS WORK OF OUR

ADVOCATES OR OUR MEMBERS.

AGAIN, THANK YOU ALL FOR YOUR ADVOCACY AND ALL THE

WORK THAT YOU DO TO IMPROVE THE LIVES OF NEW YORKERS WITH

DISABILITIES. WE HOPE TO SEE YOU ALL IN PERSON NEXT YEAR.

MS. MILLER ON THE RESOLUTION.

MS. MILLER: THANK YOU, MR. SPEAKER. CAN YOU

HEAR ME? CAN YOU HEAR ME?

MR. GOODELL: WE CAN HEAR YOU.

MS. MILLER: THANK YOU. I'D LIKE TO ALSO THANK THE

SPONSOR OF THIS RESOLUTION AND THE SPEAKER. YOU KNOW, HAVING

CHILDREN WITH DISABILITIES, I HAVE LIVED PRACTICALLY MY ENTIRE ADULT LIFE

IN THIS WORLD AND I'VE SPENT THE BETTER PART OF THE PAST 30 YEARS

ADVOCATING FOR PEOPLE WITH DISABILITIES SO THAT THEY HAVE THE QUALITY OF

LIFE THAT THEY DESERVE. EACH YEAR I WHOLLY SUPPORT THE -- THE DISABILITY

AWARENESS DAY IN THE HOPES OF BRINGING MORE AWARENESS TO THE MANY

CHANGES THAT NEED TO BE MADE IN OUR OWN STATE TO PROVIDE MORE ACCESS

TO BETTER OPPORTUNITIES, FOR BETTER PHYSICAL ACCESS ACROSS THE STATE AND

FOR BETTER PROTECTION FOR THOSE MOST VULNERABLE. THIS YEAR OF COVID

NYS ASSEMBLY MAY 24, 2021

HAS BEEN ESPECIALLY DIFFICULT FOR THOSE OF US WHO LIVE WITH DISABILITIES,

AND HAS REALLY ILLUMINATED THE NEED FOR BETTER AWARENESS, ESPECIALLY

FROM OUR OWN STATE AGENCIES. THE DISABLED WERE AN AFTERTHOUGHT

THROUGHOUT THE PANDEMIC, AND THE RIGHTS AND THE RIGHTS OF THEIR FAMILIES

WERE VIOLATED. SO THIS LEGISLATIVE AWARENESS DAY -- DISABILITY

AWARENESS DAY, I AM IMPLORING OUR GOVERNMENT -- GOVERNOR AND THE

STATE AGENCIES THAT ARE TASKED WITH PROTECTING, CARING FOR AND PROVIDING

EQUAL OPPORTUNITIES FOR THE DISABLED TO RECOGNIZE OUR WORTH. WE NEED

TO RAISE THE AWARENESS AND IT'S GOT TO START WITH THEM.

THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.

ON THE A-CALENDAR, PAGE 4, RULES REPORT NO. 76, THE

CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A01153-A, RULES

REPORT NO. 76, BUTTENSCHON, GUNTHER, STERN, JACKSON, WOERNER. AN

ACT TO AMEND THE MENTAL HYGIENE LAW, IN RELATION TO THE ESTABLISHMENT

OF THE INDEPENDENT INTELLECTUAL AND DEVELOPMENTAL DISABILITY

OMBUDSMAN PROGRAM.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

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

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY PRINT 1153-A. THIS IS A FAST ROLL CALL.

NYS ASSEMBLY MAY 24, 2021

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.)

FIRST VOTE OF THE DAY, MEMBERS.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 6, RULES REPORT NO. 86.

THE CLERK: ASSEMBLY NO. A03130, RULES REPORT

NO. 86, STECK. AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO

ESTABLISHING THE OFFICE OF THE ADVOCATE FOR PEOPLE WITH DISABILITIES.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT APRIL 1,

2022.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY PRINT 3130. 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. 90, THE CLERK WILL READ.

NYS ASSEMBLY MAY 24, 2021

THE CLERK: ASSEMBLY NO. A03924, RULES REPORT

NO. 90, DICKENS, FALL, SANTABARBARA, SEAWRIGHT. AN ACT TO AMEND THE

PUBLIC OFFICERS LAW, IN RELATION TO THE ACCESSIBILITY OF PUBLIC HEARINGS

AND MEETINGS.

ACTING SPEAKER AUBRY: MS. DICKENS, AN

EXPLANATION HAS BEEN REQUESTED.

MS. DICKENS: CAN YOU HEAR ME, SPEAKER?

ACTING SPEAKER AUBRY: YES, WE CAN.

MS. DICKENS: THANK YOU -- THANK YOU SO MUCH,

MR. SPEAKER, AND THANK YOU TO MY COLLEAGUES FOR GIVING ME THIS

OPPORTUNITY. IN 2019, THE ASSEMBLY PASSED THIS LEGISLATION THAT I'M

PUTTING FORTH AGAIN TODAY TO OFFER OPPORTUNITIES FOR MUNICIPALITIES TO

PROVIDE HEARING DEVICES. BUT WE PASSED IT IN THE ASSEMBLY FOR

ASSEMBLAGES OF -- OF MORE THAN 100 PERSONS IN ATTENDANCE.

RECOGNIZING, OF COURSE, THE TAX THAT MIGHT PRESENT A FINANCIAL HARDSHIP

FOR SOME VILLAGES, MUNICIPALITIES AND TOWNSHIPS, WE ALSO WROTE INTO THE

LEGISLATION A FINANCIAL HARDSHIP CLAUSE THAT HAS NO CENTRALIZED CONTRACT,

THEREFORE ALLOWING THE MUNICIPALITIES TO SEE IF THEY HAVE THE CAPABILITY

OF PAYING, YET BEING ABLE TO OFFER HEARING DEVICES TO THOSE THAT ARE

HEARING IMPAIRED. THE REASONABLE EFFORT INCLUDES ACCESSING FISCAL

CAPABILITY TO ATTAIN HEARING AID EQUIPMENT. EACH MUNICIPALITY OR

TOWNSHIP WILL FOLLOW THEIR USUAL PROCUREMENT METHOD AND ASSESS WHAT,

IF ANY, EQUIPMENT WILL FIT THEIR NEEDS. AN INTERPRETER WOULD APPEAR TO

BE MORE ECONOMICAL TO PROVIDE THIS SERVICE, OFTEN FOR THOSE THAT ARE

HEARING IMPAIRED IN THE COMMUNITY.

NYS ASSEMBLY MAY 24, 2021

I WANT TO TAKE A QUOTE FROM ONE OF OUR COLLEAGUES.

EACH AND EVERY ONE OF US HAS THE RIGHT TO LIVE OUR LIVES WITH DIGNITY

AND TO BE GIVEN AND TREATED WITH RESPECT. AND THAT DOES NOT CHANGE

FOR NEW YORKERS WITH DISABILITIES. THIS LEGISLATION ENHANCES THAT

REASONING, ADDED PROTECTIONS, ENSURING THAT ALL NEW YORKERS ARE ABLE

TO PARTICIPATE INDEPENDENTLY IN PUBLIC HEARINGS THAT MOST OFTEN

NEGATIVELY IMPACT UPON THE QUALITY OF LIFE. ALL AND NOT MERELY THOSE OF

US THAT ARE NOT HEARING IMPAIRED SHOULD BE ABLE TO PARTICIPATE. AS A

504 MEMBER, I AM ACUTELY AWARE OF MANY OF OUR OBSOLETE AND

DISCRIMINATORY LAWS THAT NEED TO BE CHANGED.

I URGE MY COLLEAGUES TO PLEASE SUPPORT THIS LEGISLATION

TODAY, AND PARTICULARLY SINCE WE ARE CELEBRATING AND RECOGNIZING

DISABILITIES AWARENESS DAY. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MS. WALSH.

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

SPONSOR YIELD FOR A FEW QUESTIONS?

ACTING SPEAKER AUBRY: MS. DICKENS, WILL

YOU YIELD?

MS. DICKENS: OF COURSE I WILL. I EXPECTED TO HEAR

FROM MS. WALSH.

(LAUGHTER)

MS. WALSH: AS WE DID LAST YEAR, WE'RE GOING TO BE

HAVING A LITTLE CONVERSATION ABOUT THIS BILL AND I THANK YOU FOR YIELDING.

SO, THIS BILL REALLY HAS TWO PARTS TO IT, I BELIEVE. SO, THE FIRST PART SAYS

NYS ASSEMBLY MAY 24, 2021

THAT IF A WRITTEN REQUEST IS MADE, A QUALIFIED INTERPRETER WILL BE

PROVIDED AT A PUBLIC MEETING. AND THEN THE SECOND PART OF THE BILL SAYS

THAT IF YOU'VE GOT A HEARING ROOM WHERE YOU'RE GOING TO BE CONDUCTING

A PUBLIC HEARING AND IT WILL ACCOMMODATE 100 OR MORE PEOPLE THAT YOU

MUST OUTFIT IT WITH EQUIPMENT SUFFICIENT TO ASSIST THE -- THE HARD-OF-

HEARING OR DEAF, IS THAT CORRECT?

MS. DICKENS: CORRECT.

MS. WALSH: OKAY. AND SO THE FIRST PART OF THE BILL

AS FAR AS THE INTERPRETER SERVICES, THAT'S BASED ON SOMEBODY

AFFIRMATIVELY REQUESTING AN INTERPRETER. BUT THEN THE SECOND PART OF THE

BILL AS FAR AS EQUIPPING A 100-PLUS CAPACITY HEARING ROOM, THAT -- THAT'S

WHETHER ANYBODY REQUESTS IT OR NOT. THIS BILL JUST REQUIRES IT IF -- IF YOU

HAVE A ROOM OF THAT SIZE AND YOU'RE HOLDING A PUBLIC HEARING THERE. IS

THAT -- IS THAT RIGHT?

MS. DICKENS: RIGHT.

MS. WALSH: OKAY. SO, LET'S JUST CLARIFY WHAT TYPES

OF GOVERNMENTS OR WHAT LEVELS OF GOVERNMENT ARE GOING TO BE COVERED

BY THIS BILL.

MS. DICKENS: IT'S REALLY GOING TO BE, YOU KNOW, ALL

LEVELS. IT WOULD APPLY TO, YOU KNOW, ANY OF THE, LIKE, VILLAGES, THE

TOWNSHIPS THAT -- THAT HAVE -- IN MANY INSTANCES SOME OF THE SMALLER

TOWNS THEY GET TOGETHER AND HAVE MEETINGS IN ONE LOCATION. AND SO IT

APPLIES TO THE LOCATION THAT, YOU KNOW, WHERE -- WHERE IT'S LOCATED, THE

BUILDING AND THE ROOM SIZE. BECAUSE IF THE ROOM HOLDS LESS THAN 100,

THEN IT -- OBVIOUSLY IT DOESN'T NEED IT, ALTHOUGH, YOU KNOW, I

NYS ASSEMBLY MAY 24, 2021

RECOMMEND A -- AN INTERPRETER IN THOSE CASES BECAUSE I AM VERY

CONCERNED ABOUT -- THAT WE HAVE NOT REALLY FOCUSED ON DISABILITIES. BUT

IF IT WAS 100 OR MORE, WE'RE ASKING THAT THEY -- BUT WE'RE LEAVING IT UP

TO THEM TO DECIDE WHO THEY WOULD CALL IN TO ASSESS WHAT THE COURSE

WOULD BE, ET CETERA. SO IT'S -- AND IT'S ONLY REQUIRED AS LONG AS IT'S NOT A

HARDSHIP. THAT'S THE OTHER PART THAT'S WRITTEN IN THERE.

MS. WALSH: RIGHT. AND I'D LIKE TO GET TO THAT --

MS. DICKENS: (INAUDIBLE) THAT IS IN THE PUBLIC

OFFICERS LAW.

MS. WALSH: YES, MA'AM. I'D LIKE TO GET TO THAT

UNDUE HARDSHIP PIECE IN A MINUTE, BUT I JUST WANT TO CLARIFY THAT IN

ADDITION TO SOMETHING LIKE A -- LIKE A VILLAGE OR A TOWN OR COUNTY, IT'S

ALSO GOING TO APPLY TO SCHOOL BOARDS, FOR EXAMPLE, IF THEY'RE HOLDING A

PUBLIC HEARING, TOO, RIGHT?

MS. DICKENS: CORRECT.

MS. WALSH: OKAY. NOW, I WANT TO GET TO WHAT YOU

JUST SAID ABOUT UNDUE HARDSHIP. THERE IS A CARVEOUT IN THE BILL THAT AS

FAR AS -- PART 2 OF THE BILL, EQUIPPING IT WITH 100-PLUS CAPACITY ROOM

WITH THIS EQUIPMENT. THAT'S IF THERE IS NOT GOING TO BE AN UNDUE

HARDSHIP. OH, ACTUALLY, THERE IS AN UNDUE HARDSHIP PART AS FAR AS THE

QUALIFIED INTERPRETER, THOUGH, TOO. IS THAT RIGHT?

MS. DICKENS: FOR THE INTERPRETER, I KNOW I HAVE A

HARDSHIP IN THERE. LET ME JUST CHECK. I KNOW I HAVE A HARDSHIP FOR THE

EQUIPMENT THAT I PUT IN THERE, AND IT MIGHT -- MIGHT APPLY TO THE -- TO

THE INTERPRETER AS WELL. ALTHOUGH THAT'S MUCH MORE ECONOMICAL, THE

NYS ASSEMBLY MAY 24, 2021

INTERPRETER IS.

MS. WALSH: YEAH, I THINK THAT IF YOU LOOK AT LINE 9

ON PAGE 1 AND ALSO LINES 17 AND 18 ON PAGE 1, I DO THINK YOU TALK ABOUT

TWO THINGS AS FAR AS THE PROVISION OF THE INTERPRETER. FIRST OF ALL, IT HAS

TO BE IF AVAILABLE. SO I GUESS IF THERE AREN'T ANY -- THERE'S NO QUALIFIED

INTERPRETER AVAILABLE, THAT'S ONE THING THAT'S CONSIDERED. AND THEN ALSO,

IT SAYS THAT IF -- IF THE ACTION DOES NOT IMPOSE AN UNDUE HARDSHIP ON THE

PUBLIC BODY THERE, YOU DON'T HAVE TO PROVIDE AN INTERPRETER, A QUALIFIED

INTERPRETER.

MS. DICKENS: YES, IT DOES INCLUDE THE INTERPRETER.

I LOOKED AT WHERE YOU SAW -- YES, IT DOES.

MS. WALSH: YES. SO HOW DO YOU GO ABOUT

DETERMINING -- AS FAR AS -- THE BIGGER TICKET ITEM I THINK WOULD BE, AS

YOU -- AS YOU NOTED, THE OUTFITTING THE ROOM ITSELF WITH EQUIPMENT.

AND I KNOW THAT WHEN WE DEBATED THE BILL LAST YEAR I HAD DONE A LITTLE

SEARCHING AROUND JUST ONLINE AND FOUND THAT COST CAN REALLY VARY WIDELY

FOR INSTALLING THIS TYPE OF EQUIPMENT. IT CAN BE ANYWHERE FROM $5,000

TO $35,000 DEPENDING ON THE SIZE AND COMPLEXITY OF THE INSTALLATION.

SO HOW WOULD YOU GO ABOUT DETERMINING WHETHER A MUNICIPALITY OR A

SCHOOL OR THEY WOULD NOT -- IT WOULD BE AN UNDUE HARDSHIP FOR THEM TO

MAKE THESE MODIFICATIONS TO THEIR EXISTING BUILDINGS?

MS. DICKENS: WELL -- WELL, IN ACTUALITY, YOU KNOW,

WHEN WE HAVE THESE BUILDINGS, ROOMS -- ALL ROOMS IN -- IN THE BUILDINGS

HAVE A ROOM CAPACITY. AND WHERE THEY CHOOSE TO HAVE THEIR MEETINGS,

THEY WOULD HAVE TO DECIDE -- THEY MAY DECIDE, WELL, I DON'T -- I DON'T

NYS ASSEMBLY MAY 24, 2021

NEED TO HAVE THE BIGGEST ROOM IN THIS -- IN THIS BUILDING AND THEY CAN

USE A SMALL ROOM. AND GET THE COST -- GET AN ESTIMATE FOR THE COST

BASED UPON THAT SIZE ROOM. BECAUSE THE (INAUDIBLE) NO MORE THAN 70

PEOPLE, NO MORE THAN 100 PEOPLE. THEY PUT THAT UP. AND SO THEREFORE,

IT'S -- IT'S -- YOU KNOW, THEY WOULDN'T HAVE TO CHOOSE -- BECAUSE THEY'RE

GOING TO CHOOSE WITH WHAT ROOM THEY'RE INTERESTED IN PUTTING IT IN, NOT

-- NOT -- YOU KNOW, NOT ME, NOT YOU. BUT THE VILLAGE, THE TOWNSHIP,

THEY'RE GOING TO DECIDE WHICH ROOM THEY'RE GOING TO PUT IT IN.

MS. WALSH: YES. SO -- SO ARE YOU SAYING -- I JUST

WANT TO UNDERSTAND WHAT YOU'RE SAYING. ARE YOU SAYING THAT -- SAY

YOU'RE A TOWN AND YOU HAVE A ROOM THAT COULD HOLD MORE THAN 100

PEOPLE, BUT IF YOU DESIGNATE A ROOM IN YOUR BUILDING THAT HOLDS 60

PEOPLE OR 70 PEOPLE, YOU MIGHT CHOOSE THAT ROOM TO DO YOUR PUBLIC

HEARINGS IN BECAUSE THEN YOU WOULD NOT HAVE TO OUTFIT IT WITH THE

EQUIPMENT?

MS. DICKENS: YES, BECAUSE IT REALLY -- IN ACTUALITY,

UNDER 100 YOU DON'T HAVE TO OUTFIT IT ANYWAY. YOU DON'T HAVE TO.

MS. WALSH: RIGHT.

MS. DICKENS: BUT IT DOESN'T MEAN THAT YOU CAN'T IF

YOU CHOOSE TO.

MS. WALSH: OKAY.

MS. DICKENS: SO IF THEY CHOOSE THAT ROOM AND

DECIDE THEY WANT TO -- WANT TO ENCOURAGE EVERYONE TO ATTEND THEIR

MEETINGS AND TO BE ABLE TO HEAR WHAT'S GOING ON, THEY MAY DECIDE TO --

TO OUTFIT THAT ROOM. ALTHOUGH IT'S NOT REQUIRED BY THIS LEGISLATION.

NYS ASSEMBLY MAY 24, 2021

MS. WALSH: YES. YES. OKAY. THAT'S -- THAT'S

INTERESTING. THAT'S A GOOD POINT. AS FAR AS THE -- THE COST, A LOT OF

FOCUS HAS BEEN PLACED ON THE COST IN THE PAST. THIS -- THIS WOULD BE

THOUGHT OF AS MAYBE AN UNFUNDED MANDATE BECAUSE WE DIDN'T ADDRESS

THIS WHEN WE WERE DOING THE BUDGET OR ANYTHING LIKE THAT. SO THIS --

THIS IS A REQUIREMENT THAT THIS BILL IS PUTTING ON LOCAL GOVERNMENTS,

LOCAL SCHOOLS, LOCAL SCHOOL BOARDS TO MAKE THESE MODIFICATIONS AND

THERE'S NO FUNDING THAT'S BEING PROVIDED BY THE STATE, CORRECT?

MS. DICKENS: CORRECT.

MS. WALSH: ALL RIGHT. VERY GOOD. THANK YOU SO

MUCH, MS. DICKENS.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MS.

WALSH.

MS. WALSH: SO, I THINK THAT THAT'S -- THAT'S AN

IMPORTANT POINT THAT THE SPONSOR HAS RAISED. I THINK WE ALL HAVE AN

INTEREST IN MAKING SURE -- WE ALL TALK ABOUT TRANSPARENCY AND WE ALL TALK

ABOUT INCLUSIVITY, AND I THINK THAT, YOU KNOW, WHEN PUSH COMES TO

SHOVE, REALLY, SOMETIMES IT JUST COMES DOWN TO ISSUES IN THIS BILL LIKE

THE AFFORDABILITY. I MEAN, IF YOU'VE GOT A SMALL VILLAGE, MAYBE THIS --

THIS IS GOING TO BE COST PROHIBITIVE FOR YOU TO BE ABLE TO DO IT. MAYBE

NOT. I DON'T KNOW. I'M ACTUALLY FEELING A LITTLE BIT DIFFERENTLY ABOUT THE

BILL THAN I HAD IN THE PAST, BECAUSE I THINK THAT ANOTHER POINT THAT THE

SPONSOR HAS JUST RAISED IS THAT LET'S SAY YOU'VE GOT A VILLAGE, A TOWN AND

A SCHOOL. IF THEY COULD WORK TOGETHER IN A CERTAIN AREA AND DESIGNATE

NYS ASSEMBLY MAY 24, 2021

ONE AREA AND MAYBE EVEN ENGAGE IN SOME COST SHARING SO THAT THEY

COULD SAY, OKAY, IF WE'RE GOING TO HAVE A BIG PUBLIC HEARING OF 100 OR

MORE PEOPLE, WE'RE -- WE'LL HOLD IT IN THE SCHOOL AUDITORIUM AND WE'LL

JUST MAKE SURE THAT THAT IS OUTFITTED AND MADE AVAILABLE FOR INDIVIDUALS

WITH THIS -- THIS PARTICULAR KIND OF DISABILITY.

SO I DO THINK THAT -- YOU KNOW, I WOULD POINT OUT FOR

MY COLLEAGUES THAT IN YEARS PAST THERE'S BEEN OPPOSITION TO THIS BILL

BECAUSE IT IS AN UNFUNDED MANDATE AND IT'S NOT BEEN ADDRESSED IN THE

BUDGET. AND I'D ALSO NOTE THAT THE NEW YORK CONFERENCE OF MAYORS

HAS BEEN OPPOSED AND IS OPPOSED TO THE BILL AGAIN THIS YEAR. SO THANK

YOU VERY MUCH, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, MS.

WALSH.

MR. GOODELL.

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

THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MS. DICKENS, WILL

YOU YIELD?

MS. DICKENS: YES.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MS. DICKENS: OF COURSE I'LL YIELD FOR HIM.

MR. GOODELL: THANK YOU VERY MUCH. I -- I NOTE

THAT THE LANGUAGE OF THIS BILL APPLIES SPECIFICALLY TO PUBLIC HEARINGS.

WOULD THAT INCLUDE LEGISLATIVE SESSIONS?

MS. DICKENS: WOULD THAT INCLUDE WHAT? I'M

NYS ASSEMBLY MAY 24, 2021

SORRY, I COULDN'T HEAR YOU. SAY THAT AGAIN, PLEASE.

MR. GOODELL: WOULD THAT ALSO APPLY TO

LEGISLATIVE SESSIONS?

MS. DICKENS: LEGISLATIVE SESSIONS, YES. WE HAVE

ONE HERE -- WE -- WELL, NOT HERE BUT WE HAVE ONE IN -- IN ALBANY, IN THE

ROOM THAT YOU'RE IN RIGHT NOW.

MR. GOODELL: AND SO IF THIS BILL PASSES, THEN CAN

ANYBODY REQUEST SIGN LANGUAGE INTERPRETATION AT EACH OF OUR MEETINGS?

MS. DICKENS: YES.

MR. GOODELL: IS THERE ANY REASON WHY WE DON'T

ALREADY DO THAT? IS IT JUST BECAUSE --

MS. DICKENS: WE DO. WE HAVE IT. WE HAVE IT.

WE -- WE ALREADY HAVE IT. WE HAVE A SIGN -- AN INTERPRETER THAT'S --

THAT'S THERE FOR -- FOR EVERY SESSION. AND -- AND IF YOU LOOK TO YOUR

REAR -- I DON'T KNOW ABOUT NOW BECAUSE OF COVID, BUT IT USED TO BE --

PRE-COVID THERE'S A SECTION WHERE A LOT OF THOSE THAT ARE CHALLENGED

HEARING-WISE BUT SIT TOGETHER AND THEN THE INTERPRETER INTERPRETS

EVERYTHING THAT GOES ON.

MR. GOODELL: I SEE. YOU'RE REFERRING TO THE

CLOSED CAPTION?

MS. DICKENS: I'M REFERRING TO -- WE HAVE SOMEONE

WHO STANDS BACK THERE IN THE ROOM. IT MAY NOT BE NOW BECAUSE OF

COVID, BUT PRE-COVID WE HAD SOMEONE WHO STOOD BACK THERE AND

THERE WAS A SECTION WHERE THOSE THAT ARE CHALLENGED WITH HEARING SAT

TOGETHER AND SOMEONE WOULD USE SIGN LANGUAGE TO TELL WHAT WAS GOING

NYS ASSEMBLY MAY 24, 2021

ON DURING THE HEARINGS.

MR. GOODELL: THANK YOU. I NOTE THAT THIS REFERS

TO ANY ROOMS USED FOR PUBLIC HEARINGS. AND IN A LOT OF OUR RURAL

COMMUNITIES ABOUT THE ONLY TIME THEY NEED A ROOM FOR MORE THAN 100

PEOPLE IS IF IT'S SOMETHING VERY CONTROVERSIAL, AND OFTEN THEY WILL

ACTUALLY MOVE THE MEETING TO A LARGER MEETING ROOM TO ACCOMMODATE A

LARGER CROWD. IS THERE ANY EXCEPTION FOR ROOMS THAT ARE USED ON A

SPORADIC OR A TEMPORARY BASIS FOR THAT TYPE OF SITUATION?

MS. DICKENS: IF THE ROOMS -- IF THE ROOMS ARE USED

FOR 100 OR MORE, THAT'S THE RECOMMENDATION. UNDER, IT'S NOT REQUIRED AT

ALL. BUT, YOU KNOW, ALSO, LIKE I -- LIKE I THINK I MENTIONED DURING MY

PRESENTATION THAT AN INTERPRETER CAN ALSO BE GOTTEN IN THAT CASE. THEY

COULD USE AN INTERPRETER RATHER THAN THE EQUIPMENT. AN INTERPRETER

COULD BE USED AND IT MIGHT BE MORE ECONOMICAL.

MR. GOODELL: THANK YOU VERY MUCH. I

APPRECIATE YOUR COMMENTS.

ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. GOODELL: I THINK WE NEED TO BE SENSITIVE

WHEN WE START IMPOSING A MANDATED COST ON LOCAL GOVERNMENTS. EACH

OF OUR LOCAL GOVERNMENTS HAVE A BOARD THAT'S ELECTED. THEY HAVE THE

AUTHORITY ALREADY TO EQUIP ROOMS IN ANY WAY THEY WANT. I DON'T THINK

IT'S APPROPRIATE FOR STATE LEGISLATORS TO TELL ALL THE LOCAL ELECTED OFFICIALS

HOW TO RUN THEIR OWN MEETINGS. THAT IS THE RESPONSIBILITY OF ELECTED

OFFICIALS. AND I KNOW, AS MANY OF YOU KNOW, HOW OUR LOCAL

NYS ASSEMBLY MAY 24, 2021

GOVERNMENTS CHAFE AT THE AMOUNT OF MANDATES THAT ARE UNFUNDED THAT

COME FROM THE STATE GOVERNMENT. AND AS I -- I NOTED AND AS MY

COLLEAGUE NOTED, THIS MAY FORCE SOME MUNICIPALITIES TO USE ROOMS THAT

ARE TOO SMALL TO STAY BELOW THE 100-PERSON THRESHOLD. AND IT MAY

CATCH OTHER MUNICIPALITIES WHO GO OVER THAT 100-PERSON THRESHOLD

BECAUSE THEY HAVE A SPECIAL MEETING. I THINK THE BEST APPROACH IS TO

ALLOW OUR LOCAL GOVERNMENTS, WHO ARE INDEPENDENTLY ELECTED, TO

REPRESENT THEIR CONSTITUENCY, TO MAKE THEIR OWN DECISIONS WITHOUT

ANOTHER UNFUNDED STATE MANDATE, ALTHOUGH I CERTAINLY APPRECIATE THE

DESIRE OF MY COLLEAGUE AND ALL OF US TO DO WHAT WE CAN TO HELP THOSE

WHO ARE HARD OF HEARING. THANK YOU, SIR.

ACTING SPEAKER AUBRY: MS. DICKENS.

MS. DICKENS: THANK YOU, MR. SPEAKER. AT SOME

POINT WE HAVE TO DECIDE AS A LEGISLATIVE BODY THAT'S RESPONSIBLE FOR THE

ENTIRE STATE THAT WE WANT TO INCLUDE EVERYONE. AND NOT JUST THOSE THAT

HAVE SIGHT AND THOSE THAT HAVE PERFECT HEARING, BUT THAT WE'RE GOING TO

BE PROTECTIVE AND INCLUSIVE. EVERYONE, YOU KNOW, THROWS AROUND THE

-- THE TERM "INCLUSIVE," BUT WHAT DOES IT REALLY MEAN TO THROW THAT

AROUND? AND I THINK IT'S VERY IMPORTANT. THIS IS A SEGMENT OF THE

POPULATION THAT HAS BEEN DISENFRANCHISED BECAUSE THEY WEREN'T AWARE

OF WHAT WENT ON. AND -- AND LEGISLATION AFFECTS THEM JUST AS MUCH AS IT

AFFECTS EVERYONE ELSE. I THINK IT'S VERY IMPORTANT THAT WE ADDRESS THIS

ISSUE. ADA IS, YOU KNOW, WAS PASSED SOME YEARS AGO IN ORDER TO TRY

TO ADDRESS ISSUES FOR -- FOR VARIOUS CHALLENGES, AND -- AND THIS IS

SOMETHING THAT -- THAT I THINK IS NECESSARY. IN ADDITION -- AND -- AND IT

NYS ASSEMBLY MAY 24, 2021

WAS MENTIONED BY MY COLLEAGUE ACROSS THE AISLE ABOUT THE ROOM. BUT

IF THE ROOM, YOU KNOW, IS -- DOESN'T -- IF THE ROOM -- IF THEY COULD USE A

DIFFERENT ROOM THEY COULD ALSO TRANSFER THE -- IF THEY FIND THEY DON'T

HAVE THAT, YOU KNOW, UNDER 100 THEY CAN TRANSFER TO ANOTHER ROOM AND

THEY'RE NOT REQUIRED TO HAVE ANYTHING. OR THEY CAN HAVE AN INTERPRETER,

AND INTERPRETERS ARE NOT THAT COSTLY TO ANYONE. MOST PEOPLE NOW -- A LOT

OF ORGANIZATIONS ARE HIRING JUST FOR THEIR BOARD MEETINGS. SO I DISAGREE

WITH MY COLLEAGUES WHEN THEY SAY -- BECAUSE THIS IS NOT ABOUT POLITICS,

THIS IS ABOUT HUMAN CONCERN. THANK YOU.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY PRINT 3934. THIS IS A PARTY VOTE. ANY

MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THEIR

CONFERENCE POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY

LEADER IN THE NUMBERS -- AT THE NUMBERS PREVIOUSLY PROVIDED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. WHILE THE

REPUBLICAN CONFERENCE CERTAINLY APPRECIATES THE DESIRE OF THE SPONSOR,

THE CONFERENCE IS GENERALLY OPPOSED TO ADDITIONAL UNFUNDED MANDATES

AND, THEREFORE, WILL BE VOTING IN THE NEGATIVE. BUT THOSE WHO WANT TO

SUPPORT THIS ARE CERTAINLY ENCOURAGED TO CONTACT THE MINORITY LEADER'S

OFFICE SO THAT WE CAN RECORD THEIR VOTE. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MS. HYNDMAN.

NYS ASSEMBLY MAY 24, 2021

MS. HYNDMAN: THIS IS A -- THIS IS A MAJORITY VOTE

IN THE AFFIRMATIVE. ASSEMBLYMEMBERS IN THE MAJORITY WHO WISH TO BE

IN THE NEGATIVE SHOULD PLEASE CONTACT THE MAJORITY LEADER'S OFFICE AT

THE AFOREMENTIONED NUMBER PROVIDED. THANK YOU.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER AUBRY: THANK YOU.

MR. GALLAHAN.

MR. GALLAHAN: THANK YOU, MR. SPEAKER. I WISH

TO EXPLAIN MY VOTE.

ACTING SPEAKER AUBRY: PROCEED, SIR.

MR. GALLAHAN: I JUST SPENT 11 YEARS AS THE

SUPERVISOR OF THE TOWN OF MANCHESTER, AND CONSTRUCTING THAT BUDGET

AND THE BUDGET FOR THE COUNTY -- OUR COUNTY BUDGET IN ONTARIO COUNTY,

AS I SAT ON THAT BOARD -- IS $260 MILLION, OF WHICH WE HAD CONTROL OF

ABOUT 90 -- OR WE HAD CONTROL OF ABOUT 9 PERCENT OF. THE OTHER 91

PERCENT OF THAT BUDGET IS UNFUNDED MANDATES, WHICH IS VERY

DISCOURAGING. I HAVE NEVER BEEN A FAN OF UNFUNDED MANDATES AND I

NEVER WILL BE A FAN OF UNFUNDED MANDATES. I DO SEE THIS BILL BENEFITTING

MANY, MYSELF INCLUDED. I HAVE HEARING AIDS AND I HAVE HEARING

ASSISTANCE HERE IN THIS ROOM. THIS IS AN UNFUNDED MANDATE THAT IS NOT

GOING TO HAVE THE STING THAT MOST DO BECAUSE YOU'RE GOING TO HAVE THE

-- I'M THINKING ABOUT THIS -- AND YOU'RE GOING TO HAVE THE OPPORTUNITY

FOR THE SCHOOL AND THE TOWNS AND THE VILLAGES TO DO A SHARED SERVICES

AND DESIGNATE, I BELIEVE, A ROOM IN THE COUNTY OR THE TOWN OR THE

VILLAGE THAT WILL -- THAT WILL ACCOMMODATE THIS BILL.

NYS ASSEMBLY MAY 24, 2021

AND WITH THAT BEING SAID, I WILL BE VOTING IN THE

AFFIRMATIVE FOR THIS BILL. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR. MR.

GALLAHAN IN THE AFFIRMATIVE.

MS. DICKENS TO EXPLAIN HER VOTE.

MS. DICKENS: THANK YOU. THANK YOU, MR.

SPEAKER. THIS -- THIS BILL REQUIRES PUBLIC BODIES AND PUBLIC OFFICERS

RESPONSIBLE FOR THE SCHEDULING OF PUBLIC HEARINGS TO PROVIDE THE

SERVICES OF A QUALIFIED INTERPRETER, IF AVAILABLE, AT NO CHARGE TO THE

PERSONS WHO ARE HEARING IMPAIRED AND WHO MAKE A WRITTEN REQUEST FOR

THOSE SERVICES WITHIN A REASONABLE TIME PRIOR TO THE HEARING, PROVIDED

THAT SUCH REQUEST DOES NOT IMPOSE AN UNDUE HARDSHIP ON THE PUBLIC

BODY. ASSISTIVE LISTENING SYSTEMS WOULD BE DEFINED AS A SITUATIONAL

PERSONAL ACOUSTIC COMMUNICATION EQUIPMENT DESIGNED TO IMPROVE THE

TRANSMISSION AND AUDITORY RECEPTION OF SOUND. THE SYSTEM REQUIRED

WILL INCLUDE, BUT NOT BE LIMITED TO, THE USE OF STANDARD AMPLITUDE

MODULATION, FREQUENCY MODULATION, AUTO INDUCTION LOOP, INFRARED LIGHT,

SOUND OR HARDWIRED. THIS IS FOR -- FOR ALL OF US IN THIS COUNTRY. AND I

WANT TO THANK THOSE WHO UNDERSTAND, EVEN IF THEY'RE NOT CHALLENGED

THEMSELVES PHYSICALLY OR WITH -- WITH A HEARING IMPAIRMENT, BUT WHO

UNDERSTAND THE NEED TO ADDRESS ALL OF -- OF NEW YORKERS SO THAT ALL

NEW YORKERS CAN PARTICIPATE, ALL NEW YORKERS WILL UNDERSTAND WHAT'S

HAPPENING AND -- AND ALL NEW YORKERS, GIVING THEM THE RIGHT TO KNOW

WHAT'S HAPPENING AND HAVE A SAY.

SO THANK YOU, MR. SPEAKER. I ENCOURAGE MY

NYS ASSEMBLY MAY 24, 2021

COLLEAGUES TO VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. DICKENS IN THE

AFFIRMATIVE.

MR. MANKTELOW.

MR. MANKTELOW: THANK YOU, MR. SPEAKER. JUST

TO EXPLAIN MY VOTE. AS ALSO BEING A TOWN SUPERVISOR FOR MANY YEARS

AND A COUNTY LEGISLATOR, I'VE LOOKED AT UNFUNDED MANDATES OVER ALL

THOSE YEARS, SIR, AND THIS YEAR WE PASSED A $212 BILLION BUDGET IN THE

STATE ASSEMBLY -- IN -- IN NEW YORK STATE, THE SENATE AND ASSEMBLY.

I CANNOT BELIEVE THAT WE CANNOT HELP OUR LOCAL MUNICIPALITIES. IF WE, AS

LEGISLATORS, HERE AT THE STATE LEVEL ARE GOING TO PUT ANOTHER MANDATE ON

OUR LOCAL -- OUR LOCAL TOWNS, VILLAGES AND COUNTIES BACK HOME, WE

SHOULD BE FUNDING THEM OR AT LEAST HELPING THEM TO FUND THIS. SO AS

MUCH AS I AGREE WITH THIS BILL AND I TOTALLY WANT TO SUPPORT IT, I CAN'T

AGREE WITH IT BECAUSE OF THE UNFUNDED MANDATE. I REALLY FEEL BAD THAT I

CAN'T DO THAT, BUT I THINK THAT IN THE FUTURE WE NEED TO MAKE SURE WE

OFFER SOMETHING TO OUR -- OUR LOCAL MUNICIPALITIES BACK HOME.

SO I WILL BE VOTING IN THE NEGATIVE. BUT I -- I DO WANT

TO SAY THANK YOU TO THE SPONSOR FOR BRINGING THIS FORWARD. THANK YOU,

SIR.

ACTING SPEAKER AUBRY: MR. MANKTELOW IN

THE NEGATIVE.

MR. BYRNE TO EXPLAIN HIS VOTE.

MR. BYRNE: THANK YOU, MR. SPEAKER. I WANT TO

THANK THE SPONSOR FOR INTRODUCING THIS BILL. IN THE PAST I'VE OPPOSED IT

NYS ASSEMBLY MAY 24, 2021

ON THE FLOOR. WE HAD SOME DISCUSSION IN THE GOVERNMENTAL OPERATIONS

COMMITTEE. I VOTED YES, THEN I WANTED TO LISTEN TO THE DISCUSSION. I

THINK THERE IS SOME FLEXIBILITY FOR LOCAL MUNICIPALITIES TO MAKE SURE THAT

ALL PEOPLE HAVE ACCESS TO THEIR LOCAL LEADERS IN GOVERNMENT, WHICH IS

EXTREMELY IMPORTANT, AND I AM GOING TO VOTE IN FAVOR OF THIS BILL. I

DON'T LIKE UNFUNDED MANDATES. WE SHOULD HAVE FUNDING BEHIND THIS,

BUT I THINK THIS IS DEFINITELY A MANAGEABLE PROPOSAL, I THINK, THAT IS IN

THE BEST INTEREST OF ALL NEW YORKERS. WHAT I WANT TO HIGHLIGHT IS, WE'RE

STILL HAVING COMMITTEE MEETINGS IN THE WORLD OF COVID, AND WE HAVE

PEOPLE FOLLOWING OUR OWN COMMITTEE MEETINGS AND ARE LISTENING AUDIO

ONLY. SO I THINK WHILE THIS BILL IS GOOD AND IT WILL PROBABLY PASS THE

SENATE AND WE'LL HAVE TO WAIT FOR THE GOVERNOR TO SIGN IT, I THINK THE

LEGISLATURE SHOULD ACT AND MAKE SURE THAT WE'RE AS TRANSPARENT AND AS

ACCESSIBLE IN OUR COMMITTEE MEETINGS AS WELL.

BUT WITH THAT, MR. SPEAKER, I WILL BE VOTING IN THE

AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. BYRNE IN THE

AFFIRMATIVE.

MR. MCDONOUGH TO EXPLAIN HIS VOTE.

MR. MCDONOUGH: THANK YOU, MR. SPEAKER. CAN

YOU HEAR ME ALL RIGHT?

ACTING SPEAKER AUBRY: PLEASE PROCEED.

MR. MCDONOUGH: YES. FOR THE REASONS JUST

PREVIOUSLY CITED BY MY COLLEAGUE, PLEASE PUT ME DOWN VOTING IN THE

AFFIRMATIVE ON THIS BILL.

NYS ASSEMBLY MAY 24, 2021

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. IN ADDITION TO

THOSE WHO ARE VOTING IN THE AFFIRMATIVE ON THE FLOOR, PLEASE RECORD THE

FOLLOWING MEMBERS VOTING IN THE AFFIRMATIVE: MR. ASHBY, MR. BROWN,

MR. FITZPATRICK, MR. GANDOLFO, MR. MCDONOUGH, MS. MILLER AND MR.

SMULLEN.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: SO NOTED. THANK

YOU.

MS. HYNDMAN.

MS. HYNDMAN: MR. SPEAKER, PLEASE RECORD THE

FOLLOWING MAJORITY COLLEAGUE IN THE NEGATIVE: ASSEMBLYMEMBER

GALEF.

THANK YOU.

ACTING SPEAKER AUBRY: SO NOTED.

MR. GOODELL.

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

MR. SCHMITT IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

ARE THERE ANY OTHER VOTES?

MR. GOODELL: PERHAPS MR. TAGUE.

(PAUSE)

ACTING SPEAKER AUBRY: YOU HAVE ANOTHER

EXCEPTION, SIR, BEFORE WE CALL THE VOTE?

NYS ASSEMBLY MAY 24, 2021

MR. GOODELL: WELL, I BELIEVE MR. TAGUE HAS HIS

HAND UP ON ZOOM, SO HE MAY WANT TO EXPLAIN HIS VOTE.

ACTING SPEAKER AUBRY: MR. TAGUE TO EXPLAIN

HIS VOTE.

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

YOU, MR. GOODELL. FOR THE SAME REASONS THAT MY OTHER COLLEAGUES

ADDRESSED, I WILL BE VOTING IN THE AFFIRMATIVE ON THIS BILL AS WELL. AND

THANK YOU VERY MUCH.

ACTING SPEAKER AUBRY: MR. TAGUE IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

RULES REPORT NO. 8 -- PAGE 8, RULES REPORT NO. 94.

I'M SORRY.

THE CLERK: ASSEMBLY NO. A05364, RULES REPORT

NO. 94, GUNTHER, LUPARDO, BURDICK, ZINERMAN. AN ACT TO REQUIRE THE

OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES TO ESTABLISH THE

CARE DEMONSTRATION PROGRAM; AND PROVIDING FOR THE REPEAL OF SUCH

PROVISIONS UPON THE EXPIRATION THEREOF.

(PAUSE)

ACTING SPEAKER AUBRY: RULES REPORT NO. 94

WILL BE LAID ASIDE AS WE ARE WAITING FOR SOME COMMUNICATION FROM THE

SENATE. WE WILL TAKE UP ON PAGE 8, RULES REPORT NO. 96.

THE CLERK: ASSEMBLY NO. A07121, RULES REPORT

NYS ASSEMBLY MAY 24, 2021

NO. 96, KELLES. AN ACT TO AMEND THE CIVIL RIGHTS LAW, IN RELATION TO

WAIVING THE STATE'S SOVEREIGN IMMUNITY TO CLAIMS UNDER THE AMERICANS

WITH DISABILITIES ACT OF 1990, THE FAIR LABOR STANDARDS ACT OF 1938,

THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967, AND THE FAMILY

AND MEDICAL LEAVE ACT.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. WOULD THE

SPONSOR YIELD?

ACTING SPEAKER AUBRY: MS. KELLES, WILL YOU

YIELD?

MS. KELLES: YES, I WILL.

ACTING SPEAKER AUBRY: MS. KELLES YIELDS.

MR. GOODELL: THANK YOU, MS. KELLES. I SEE THAT

THIS BILL WOULD WAIVE SOVEREIGN IMMUNITY FOR ALL MUNICIPALITIES

INCLUDING STATE AND LOCAL MUNICIPALITIES, RETROACTIVE 20 YEARS TO 2001.

IS THERE A REASON WHY WE ARE WAIVING IMMUNITY RETROACTIVELY FOR 20

YEARS?

MS. KELLES: I WOULD NOTE THAT THIS IS A STATEMENT

THAT THIS IS WHEN THE FIRST ATTEMPT WAS MADE TO PASS THIS IN RECOGNITION

OF FEDERAL LAW AND THERE ARE CASES THAT GO BACK UNTIL THAT DATE. BUT I

WOULD NOTE THAT DESPITE THAT, THIS -- THIS BILL DOES NOT CHANGE THE CIVIL

PRACTICE LAWS AND RULES WHICH DESIGNATES THE STATUTE OF LIMITATIONS, SO

IT DOESN'T CHANGE THAT COMPONENT OF LAW. THAT'S IMPORTANT TO KNOW.

MR. GOODELL: SO WHAT IS THE STATUTE OF LIMITATIONS

ON THIS?

NYS ASSEMBLY MAY 24, 2021

MS. KELLES: THAT WOULD DEPEND ON THE CASE.

MR. GOODELL: IN PARTICULAR, WHAT'S THE STATUTE OF

LIMITATIONS FOR AN ACTION TRYING TO ENFORCE THE FEDERAL AMERICANS WITH

DISABILITIES ACT AS IT APPLIES AGAINST A LOCAL GOVERNMENT?

MS. KELLES: MY UNDERSTANDING IS IT IS SEVERAL

YEARS. IT IS NOT 20 YEARS, BUT I DO NOT KNOW THE EXACT NUMBER OF YEARS

BUT YOU MAY.

MR. GOODELL: IF A LAWSUIT WERE BROUGHT AGAINST A

MUNICIPALITY, SAY, 20 YEARS AGO AND WAS DISMISSED, WOULD THIS REINSTATE

THAT LAWSUIT? AFTER ALL, THEY BROUGHT THE LAWSUIT WITHIN AN APPLICABLE

STATUTE OF LIMITATIONS.

MS. KELLES: MY UNDERSTANDING -- AND THAT'S A GREAT

QUESTION, I ASKED THE SAME QUESTION -- MY UNDERSTANDING IS THAT IT

DEPENDS ON THE JUDGE IN THAT CASE. BUT MY UNDERSTANDING IS THAT IT IS

DEPENDENT.

MR. GOODELL: NOW, I'M -- IF I'M CORRECT, THIS

APPLIES TO FOUR FEDERAL STATUTES IN PARTICULAR, RIGHT? THE FEDERAL

AMERICANS WITH DISABILITIES ACT, THE FEDERAL FAIR LABOR STANDARDS

ACT, THE EMPLOYMENT ACT -- AGE DISCRIMINATION ACT AND THE FAMILY

AND MEDICAL LEAVE, RIGHT?

MS. KELLES: CORRECT.

MR. GOODELL: AND AM I CORRECT THAT THE FEDERAL

FAIR LABOR STANDARDS ACT WOULDN'T APPLY ANYWAY BECAUSE THAT ONLY

APPLIES TO EMPLOYEES THAT ARE MANUFACTURING PRODUCTS USED IN INTERSTATE

COMMERCE?

NYS ASSEMBLY MAY 24, 2021

MS. KELLES: ARE YOU ASKING WHETHER THIS RELATES TO

PRIVATE SECTOR EMPLOYEES THAT RELATE TO INTERSTATE COMMERCE OR ARE YOU

ASKING SPECIFICALLY ABOUT STATE EMPLOYEES? BECAUSE THIS LAW ONLY

PERTAINS TO STATE EMPLOYEES.

MR. GOODELL: NO, MY QUESTION IS ARE THERE ANY

STATE EMPLOYEES THAT ARE ENGAGED IN MANUFACTURING PRODUCTS THAT ARE

USED IN INTERSTATE COMMERCE?

MS. KELLES: IT COULD POSSIBLY BE, BUT NOT TO MY

KNOWLEDGE.

MR. GOODELL: AND I SEE IT ALSO APPLIES TO AGE

DISCRIMINATION, THE FEDERAL AGE DISCRIMINATION. BUT NEW YORK STATE

ALREADY HAS ITS OWN AGE DISCRIMINATION PROVISIONS IN THE HUMAN RIGHTS

LAW, DOESN'T IT?

MS. KELLES: IT DOES, BUT THIS PERTAINS SPECIFICALLY,

AGAIN, TO STATE EMPLOYEES.

MR. GOODELL: AND THE STATE AGE DISCRIMINATION

PROVISIONS CURRENTLY APPLY TO STATE EMPLOYEES AS WELL, DON'T THEY?

MS. KELLES: MY UNDERSTANDING IS THAT THIS WOULD

ADD THIS TO STATE EMPLOYEES WHERE THE REST INCLUDES SPECIFICALLY

NON-STATE EMPLOYEES.

MR. GOODELL: OKAY. AND THEN, OF COURSE, THIS

ALSO APPLIES TO THE FEDERAL FAMILY AND MEDICAL LEAVE ACT, BUT NEW

YORK STATE HAS ITS OWN -- ITS OWN FAMILY AND MEDICAL LEAVE ACT. IT'S

ACTUALLY MUCH MORE GENEROUS THAN THE FEDERAL ONE, CORRECT?

MS. KELLES: WE DO. IF SOMEONE BROUGHT

NYS ASSEMBLY MAY 24, 2021

SOMETHING, THOUGH, UNDER THIS FEDERAL ACT AND REFERRED TO THE FEDERAL

ACT, WE WOULD NOW BE COVERED IN BOTH CONTEXTS. IF THERE IS ANY

COMPONENT THAT IS NOT IDENTICAL THEY WOULD BE COVERED UNDER BOTH.

MR. GOODELL: WELL, I KNOW THAT THE STATE FAMILY

LEAVE ACT IS MUCH MORE GENEROUS.

MS. KELLES: IT'S MUCH MORE GENEROUS, BUT IT IS NOT

IDENTICAL.

MR. GOODELL: IS THERE ANY PROVISION IN THE

FEDERAL PROVISIONS THAT DON'T ALREADY APPLY IN NEW YORK STATE?

MS. KELLES: I AM NOT SURE. HAVE YOU RESEARCHED

THAT? THAT MIGHT BE SOMETHING THAT YOU WOULD HAVE THE ANSWER TO

OVER -- OVER MYSELF. BUT MY UNDERSTANDING IS THAT THIS WOULD, IN FACT,

COVER ALL OF OUR GROUNDS. ALSO, TO ANSWER A PREVIOUS QUESTION, FOR THE

ADA THE STATUTE OF LIMITATIONS WOULD BE 180 DAYS.

MR. GOODELL: I'M SORRY, WHAT IS THE ADA STATUTE

OF LIMITATIONS?

MS. KELLES: ONE HUNDRED AND EIGHTY DAYS.

MR. GOODELL: OKAY. THANK YOU FOR YOUR

COMMENTS.

ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: THANK YOU. I WOULD SUPPORT THIS

BILL IF IT WERE PROSPECTIVE. IF IT SAID THAT MOVING FORWARD WE'RE GOING

TO REQUIRE ALL OF OUR STATE AND LOCAL GOVERNMENTS TO COMPLY WITH THESE

NYS ASSEMBLY MAY 24, 2021

FEDERAL STANDARDS. AND I WOULD SUPPORT IT IF IT WAS PROSPECTIVE IN PART

BECAUSE THREE OF THE FOUR BILLS ARE ALREADY IN STATE LAW. WE ALREADY

HAVE OUR OWN AGE DISCRIMINATION, WE ALREADY HAVE OUR OWN FAMILY

LEAVE, AND OUR PROVISIONS ARE MORE GENEROUS OR BROADER, IF YOU WILL,

THAN THE FEDERAL STANDARDS. I HAVE A REAL CONCERN WHEN WE PASS

LEGISLATION THAT SUGGESTS THAT CIVIL LIABILITY COULD OCCUR RETROACTIVELY TO

20 -- OR 2010, 20 YEARS EARLIER. AND WHILE I APPRECIATE MY COLLEAGUE'S

PERSPECTIVE THAT THIS DOESN'T CHANGE THE STATUTE OF LIMITATIONS, WE, AS A

LEGISLATURE, CAN CHANGE THE STATUTE OF LIMITATIONS BY ADOPTING

LEGISLATION THAT PURPORTS TO APPLY TO ACTIVITIES 20 YEARS AGO. AND SO

RATHER THAN HAVE A DEBATE ON WHETHER THIS APPLIES RETROACTIVELY TO EVERY

ONE OF OUR SCHOOLS AND FIRE DEPARTMENTS AND LOCAL GOVERNMENTS AND THE

STATE ITSELF, WE SHOULD JUST SIMPLY MAKE THE BILL APPLY PROSPECTIVELY

RATHER THAN RETROACTIVELY. AND FOR THAT REASON, AND REALLY THAT REASON

ALONE, I WILL BE VOTING AGAINST THIS AND WOULD RECOMMEND THAT MY

COLLEAGUES ALSO VOTE AGAINST IT WITH THE HOPE THAT THIS BILL CAN BE

AMENDED WITH A VERY SIMPLE AMENDMENT SAYING THIS LAW TAKES EFFECT

IMMEDIATELY OR -- OR AT SOME POINT IN THE FUTURE. THANK YOU, SIR.

ACTING SPEAKER AUBRY: MS. KELLES.

MS. KELLES: YES, THANK YOU, SPEAKER. I JUST

WANTED TO ADD TO THIS WHY I FEEL THIS IS SO IMPORTANT. THIS IS BOTH A

STATEMENT AND A CHANGE OF THE LAW, AND I THINK BOTH OF THOSE ARE VERY

IMPORTANT. I THINK THE FACT THAT WE HAVE BEEN TRYING TO PASS THIS LAW FOR

20 YEARS, IT HAS PASSED FOR 20 YEARS IN THE ASSEMBLY. IT HAS NOT EVEN

BEEN DEBATED IN THE LAST FIVE YEARS. BUT IT HAS NOT GONE THROUGH IN BOTH

NYS ASSEMBLY MAY 24, 2021

HOUSES AND BEEN SIGNED INTO LAW. SO THIS IS A STATEMENT

ACKNOWLEDGING OUR INTENTION. I WOULD ALSO NOTE THAT I THINK THAT THE

FACT THAT IT IS RETROSPECTIVE NOT ONLY HONORS THAT, BUT TO SAY THAT THE

CASES A YEAR FROM NOW ARE ANY DIFFERENT THAN THE CASES A YEAR IN THE

PAST IN ANY WAY EXCEPT THAT THEY HAPPENED TO HAPPEN A YEAR IN THE PAST

IS DISINGENUOUS.

SO I -- I SUPPORT -- I -- I FEEL VERY STRONGLY ABOUT THE

RETROSPECTIVE ASPECT OF THIS AND I HOPE THAT ALL OF MY COLLEAGUES ON

BOTH SIDES OF THE AISLE WILL SUPPORT IT. THANK YOU.

ACTING SPEAKER J.D. RIVERA: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER J.D. RIVERA: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY 7121. THIS IS A PARTY VOTE. ANY MEMBER

WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THEIR 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

PARTY -- OR CONFERENCE WILL BE GENERALLY OPPOSED. THOSE WHO SUPPORT

THIS BILL ARE ENCOURAGED TO CALL THE MINORITY LEADER'S OFFICE SO WE CAN

PROPERLY RECORD YOUR VOTE.

THANK YOU, SIR.

ACTING SPEAKER J.D. RIVERA: MS. HYNDMAN.

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

NYS ASSEMBLY MAY 24, 2021

THAT THIS IS A PARTY VOTE. MAJORITY MEMBERS WILL BE RECORDED IN THE

AFFIRMATIVE. IF THERE ARE ANY EXCEPTIONS I ASK THEM TO CALL THE MAJORITY

LEADER'S OFFICE AT THE NUMBER -- NUMBER PREVIOUSLY PROVIDED AND THEN

YOUR NAME WILL BE ANNOUNCED ACCORDINGLY.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER J.D. RIVERA: MS. WALSH TO

EXPLAIN HER VOTE.

MS. WALSH: THANK YOU, MR. SPEAKER. SO, I CANNOT

VOTE FOR THIS BILL. I AGREE WITH MY COLLEAGUE THAT IF WERE PROSPECTIVE

ONLY, I WOULD BE ABLE TO SUPPORT IT. IT IS NOT DISINGENUOUS TO POINT OUT

INFIRMITIES WITH BILL LANGUAGE. AND WHEN THE BILL STATES THAT IT SHALL BE

DEEMED TO BE IN FULL FORCE AND EFFECT AS OF FEBRUARY 21, 2001 - AND

THAT'S NOT A DRAFTING ERROR, BUT THAT'S BEEN DISCUSSED AS BEING A

STATEMENT - THAT -- THAT, TO ME, IS A PROBLEM WITH THE BILL. AND IT

DOESN'T REFLECT ANY -- ANYTHING OTHER THAN THAT.

SO I -- I CAN'T SUPPORT THIS BILL AT ALL AND I WILL BE

VOTING IN THE NEGATIVE. THANK YOU.

ACTING SPEAKER J.D. RIVERA: MS. WALSH IN

THE NEGATIVE.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU

COULD PLEASE COUNT OUR COLLEAGUE MR. MCDONALD IN THE NEGATIVE ON

THIS ONE.

ACTING SPEAKER J.D. RIVERA: SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

NYS ASSEMBLY MAY 24, 2021

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL PASSED.

PAGE 8, RULES REPORT NO. 94, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A05364, RULES REPORT

NO. 94, GUNTHER, LUPARDO, BURDICK, ZINERMAN. AN ACT TO REQUIRE THE

OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES TO ESTABLISH THE

CARE DEMONSTRATION PROGRAM; AND PROVIDING FOR THE REPEAL OF SUCH

PROVISIONS UPON THE EXPIRATION THEREOF.

ACTING SPEAKER J.D. RIVERA: ON A MOTION BY

MRS. GUNTHER, THE SENATE RESOLUTION [SIC] IS BEFORE THE HOUSE. THE

SENATE RESOLUTION [SIC] IS ADVANCED.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER J.D. RIVERA: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY 5364. 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.)

ACTING SPEAKER AUBRY: ARE THERE ANY OTHER

VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

ON THE MAIN CALENDAR, PAGE 27, CALENDAR NO. 353,

THE CLERK WILL READ.

NYS ASSEMBLY MAY 24, 2021

THE CLERK: ASSEMBLY NO. A03149, CALENDAR NO.

353, HEVESI, GLICK, BARRON, COLTON, EPSTEIN, BUTTENSCHON, OTIS,

SANTABARBARA, SEAWRIGHT, REYES, GOTTFRIED. AN ACT TO AMEND THE

SOCIAL SERVICES LAW, IN RELATION TO ESTABLISHING FACTORS TO BE

CONSIDERED WHEN A HEALTHCARE PRACTITIONER UPON EXAMINATION HAS A

DIFFERENT OPINION FROM AN APPLICANT'S TREATING HEALTHCARE PRACTITIONER'S

OPINION AS TO AN APPLICANT'S DISABILITY.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU, SIR.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. GOODELL: WHAT THIS BILL SAYS IS THAT AN

APPLICANT FOR DISABILITY BENEFITS, STATE-FUNDED DISABILITY BENEFITS, WHEN

THEY APPLY, THEIR TREATING PHYSICIAN, THEIR OPINION WOULD BE GENERALLY

CONTROLLING OVER AN INDEPENDENT MEDICAL EXAMINATION THAT WAS

CONDUCTED BY THE DEPARTMENT OF SOCIAL SERVICES USING IMPROVED-UPON

PRACTITIONERS LIST APPROVED BY THE STATE OFFICE OF TEMPORARY AND

DISABILITY ASSISTANCE. THIS IS, AS WE WOULD SAY IN THE COUNTRY, IT'S

PUTTING THE FOX IN CHARGE OF THE HEN HOUSE. FOR THOSE WHO AREN'T IN THE

COUNTRY WHAT IT MEANS IS CREATING A (INAUDIBLE) CONFLICT OF INTEREST.

UNDER THE CURRENT LAW, SOMEONE APPLYING FOR DISABILITY SUBMITS THEIR

INFORMATION TO THE LOCAL DEPARTMENT OF SOCIAL SERVICES. IF THEY AGREE

THAT THE PERSON IS DISABLED AND SHOULD GO ON DISABILITY ASSISTANCE, THE

APPLICATION IS GRANTED. IF THEY DISAGREE, IT GOES TO THE SECOND STEP.

AND IN THE SECOND STEP OUR LOCAL DEPARTMENTS OF SOCIAL SERVICES BRING

NYS ASSEMBLY MAY 24, 2021

IN AN INDEPENDENT PHYSICIAN THAT'S BEEN PREAPPROVED BY THE

DEPARTMENT OF -- OF THE STATE WELFARE DEPARTMENT, OTDA, AND THAT

INDEPENDENT PHYSICIAN EVALUATES ALL THE MEDICAL INFORMATION FROM THE

APPLICANT. AND IF THEY AGREE, IT'S APPROVED, AND IF THEY DON'T AGREE IT

GOES TO A THIRD STEP. AND THEN THE THIRD STEP, THE APPLICANT CAN REQUEST

A FAIR HEARING. AND IF THEY REACH AGREEMENT, GREAT. IF THEY DON'T, THE

APPLICANT HAS A FOURTH STEP WHERE THEY CAN BRING AN ACTION IN COURT TO

CHALLENGE THE DISABILITY DETERMINATION. SO UNDER OUR CURRENT SYSTEM

WE HAVE FOUR OPPORTUNITIES FOR AN APPLICANT TO VERIFY THAT THEY ARE

DISABLED FOR THE PURPOSES OF SOCIAL -- OF SOCIAL SERVICES DISABILITY.

AND THIS WOULD SHORT-CIRCUIT THAT PROCESS BY SAYING THAT THE APPLICANT'S

OWN HIRED PHYSICIAN, THEIR DETERMINATION IS GENERALLY CONTROLLING. I

WOULD POINT OUT THAT IF YOU LOOK AT THE FEDERAL SCHEME, THE FEDERAL

SCHEME HAS SIMILAR LANGUAGE WITH ONE HUGE DIFFERENCE. THE FEDERAL

SOCIAL SECURITY DISABILITY PROVISIONS PROVIDE THAT THE APPLICANT'S

PHYSICIAN IS GENERALLY CONTROLLING, BUT ONLY AS IT RELATES TO MEDICAL

DETERMINATIONS. AND THE REGULATIONS ON THE FEDERAL LEVEL GO ON TO SAY

EXPLICITLY THAT THE SOCIAL SERVICES ADMINISTRATION IS SOLELY RESPONSIBLE

FOR THE DISABILITY DETERMINATION. AND THAT IS BECAUSE A MEDICAL

CONDITION HAS TO BE EVALUATED AGAINST VOCATIONAL NEEDS TO DETERMINE

WHETHER THERE'S A DISABILITY. AND YOU CAN HAVE THE WORLD'S FOREMOST

PHYSICIAN WHO KNOWS NOTHING ABOUT VOCATIONS. AND YOU CAN HAVE A

VOCATIONAL EXPERT, OF COURSE, THAT IS NOT A PHYSICIAN. AND SO THE

FEDERAL STANDARDS RECOGNIZE THAT DIFFERENCES. THE NEW YORK STATE

STANDARDS CURRENTLY AND CORRECTLY LEAVE THE DISABILITY DETERMINATION TO

NYS ASSEMBLY MAY 24, 2021

OUR LOCAL SOCIAL SERVICES DEPARTMENT WITH MULTIPLE CHECKS AND

BALANCES TO ENSURE THE SYSTEM WORKS. AND IT WOULD BE A MISTAKE, IN

MY OPINION, TO ELIMINATE THOSE CHECKS AND BALANCES AND PUT THE

APPLICANT'S PHYSICIAN IN CHARGE OF DETERMINING WHETHER THE APPLICANT

GETS TAXPAYER-FUNDED WELFARE BENEFITS.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MR. HEVESI.

MR. HEVESI: ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL.

MR. HEVESI: ON THE BILL. THANK YOU, MR. SPEAKER,

VERY BRIEFLY. AND I'D LIKE TO THANK MY COLLEAGUE MR. GOODELL. I THINK

THIS IS THE THIRD OR FOURTH YEAR WE HAVE DEBATED THIS PARTICULAR BILL AND

WE HAVE JUST SOME BASIC DISAGREEMENTS ABOUT WHAT THE GOAL OF THE

LEGISLATION IS. FIRST, THE PURPOSE OF THIS IS TO RECTIFY A PROBLEM WHEN

PEOPLE WITH DISABILITIES, INDIVIDUALS WITH DISABILITIES, GO TO APPLY FOR

PUBLIC ASSISTANCE WE HAVE TO MAKE A DETERMINATION ABOUT WHAT JOBS

THEY CAN WORK. TO DO THAT, YOU NEED TO GET A DOCTOR'S ASSESSMENT OF

THEIR DISABILITY. WHAT THE CURRENT PROCEDURE IN NEW YORK STATE IS IS

THAT A DOCTOR THAT IS PAID FOR BY THE LOCAL DSS SEES THIS PERSON WITH A

DISABILITY ONE TIME FOR A SHORT PERIOD AND MAKES A DETERMINATION.

WHAT WE ARE PROPOSING IN THIS BILL IS THAT THE PERSON'S TREATING

PHYSICIAN - WHO CERTAINLY IS NOT THE FOX IN CHARGE OF THE HEN HOUSE - I

WOULD ACTUALLY REFER TO THE DOCTOR AS SOMEBODY WHO ACTUALLY KNOWS

WHAT THE MEDICAL CONDITIONS OF THE PERSON WITH DISABILITIES ARE -- WE'RE

NYS ASSEMBLY MAY 24, 2021

GOING TO GIVE THEM CONTROLLING WEIGHT BASED OFF OF THE SAME FACTORS

THAT THE FEDERAL GOVERNMENT DOES WITH THEIR SSI DETERMINATIONS. AND

WE'RE TRYING TO MAKE SURE THAT PEOPLE WITH DISABILITIES ARE NOT PUT INTO

JOBS THAT THEY CANNOT HANDLE. AND I HAVE A DISAGREEMENT WITH MY

FRIEND MR. GOODELL ABOUT NOT ONLY WHAT THE PURPOSE OF THIS LEGISLATION

IS, BUT ALSO THE FACT THAT THE DOCTORS CONTROLLED BY THE LOCAL SOCIAL

SERVICES DISTRICTS CAN BE TRUSTED. WE HAVE CASE LAW THAT SHOWS THAT THE

DOCTORS FELT PRESSURE.

I DON'T WANT TO BELABOR THIS. I DISAGREE WITH MY

COLLEAGUE AND I VOTE IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, MR.

HEVESI. YOU WILL REFRAIN FROM USING OTHER MEMBERS' NAMES. HE IS

ALWAYS YOUR COLLEAGUE.

MR. MONTESANO.

MR. MONTESANO: THANK YOU, MR. SPEAKER. WILL

THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MR. HEVESI, WILL YOU

YIELD?

MR. HEVESI: IT IS MY PLEASURE. DOES THAT MEAN I

CAN'T USE HIS NAME EITHER?

(LAUGHTER)

MR. MONTESANO: THANKS, MR. HEVESI. JUST A

QUESTION OR TWO. WHEN THE EXAMINING DOCTOR WORKING FOR THE AGENCY

REVIEWS THE PATIENT BEFORE HIM AND, YOU KNOW, DOES WHATEVER

EXAMINATION HE MAY OR MAY NOT DO, DOES HE HAVE THE PATIENT'S MEDICAL

NYS ASSEMBLY MAY 24, 2021

FILE FROM THE TREATING -- YOU KNOW, THE PRIOR TREATING PHYSICIAN AND ANY

TESTS RESULTS THAT THEY MAY HAVE?

MR. HEVESI: THAT'S A GREAT QUESTION WHICH I'VE

NEVER BEEN ASKED BEFORE. I'M GOING TO HAVE TO GET BACK TO YOU. I

WOULD HOPE THAT HE DOES, THE DOCTOR. I HOPE THAT HE OR SHE, THAT THE

DOCTOR DOES.

MR. MONTESANO: WHATEVER THE --

MR. HEVESI: THE ANSWER IS YES, SIR.

MR. MONTESANO: THE ANSWER IS YES?

MR. HEVESI: YES.

MR. MONTESANO: OKAY, THANK YOU.

MR. HEVESI: THEY'RE SPECIFICALLY REQUIRED TO GIVE

RECORDS.

MR. MONTESANO: THANK YOU. AND THE AGENCY'S

DOCTOR, IF HE MAKES A DETERMINATION THAT DENIES THE PATIENT THE BENEFITS,

CAN THAT PATIENT TAKE AN APPEAL WITHIN THE AGENCY TO THE ADMINISTRATIVE

LAW JUDGE?

MR. HEVESI: I BELIEVE THE ANSWER IS YES. THEY CAN

GO TO A -- A FAIR HEARING, WHICH TAKES QUITE A LONG TIME.

MR. MONTESANO: AND THE ONE FINAL STEP AFTER

THAT, THE INDIVIDUAL COULD ALSO TAKE AN ARTICLE 78 TO THE SUPREME COURT

ON THAT DECISION IF IT'S NOT FAVORABLE?

MR. HEVESI: YES, THAT'S CORRECT, TOO. BUT I WOULD

TRY NOT TO IMPOSE THAT ON A PERSON WITH DISABILITIES SEEKING PUBLIC

ASSISTANCE.

NYS ASSEMBLY MAY 24, 2021

MR. MONTESANO: THANK YOU VERY MUCH.

ON THE BILL, MR. SPEAKER. THANK YOU.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

MONTESANO.

MR. MONTESANO: YES, I UNDERSTAND THE, YOU

KNOW, THE SPONSOR'S CONCERN AND TRYING TO ADDRESS IT IN THIS BILL

BECAUSE MANY TIMES THE AGENCY DECISIONS COULD BE A LITTLE HARSH OR

SHORT-HANDED AND THE APPLICANT HAS TO JUMP THROUGH HIS HOOPS. WE SEE

THIS A LOT IN SOCIAL SECURITY DISABILITY BENEFITS IN WHICH I HAVE BEEN

INVOLVED WITH, YOU KNOW, REPRESENTING PEOPLE IN THE PAST AND TAKING

APPEALS AND THINGS OF THAT NATURE. BUT WE ALSO HAVE TO LOOK ON THE

OTHER SIDE OF THE FENCE ALSO TO (INAUDIBLE) -- AND I HATE TO SAY THIS IN

THIS CONTEXT, BUT WE DO HAVE PEOPLE IN THE MEDICAL PROFESSION THAT WILL

PUT THINGS ON PAPER THAT ARE SOMETIMES NOT ACCURATE OR TRUTHFUL OR

EXAGGERATED AS TO THE SCOPE OF A PERSON'S DISABILITY. WE DON'T HAVE TO

LOOK FAR WITH THE RECENT REPORTING IN THE PAPERS THE LAST COUPLE OF

MONTHS THAT PEOPLE WORKING ON THE RAILROAD ALL HAD DISABILITY CLAIMS

FILED AND DOCTORS ATTESTING TO THEIR DISABILITY, AND THEY WERE COLLECTING

HUNDREDS OF THOUSANDS OF DOLLARS A YEAR IN BENEFITS AND THEY WERE IN

BETTER SHAPE THAN MOST OF US HERE IN THIS CHAMBER AND WERE ABLE TO

ENGAGE IN ALL KINDS OF ACTIVITIES, WHETHER SPORTS OR WORK-RELATED. SO I

THINK WE HAVE TO HAVE SOMETHING IN PLACE. I BELIEVE THERE'S A

MECHANISM IN PLACE WHERE AN AGGRIEVED APPLICANT TO GO. THEY CAN

TAKE AN APPEAL OF THE AGENCY'S DECISION TO AN ADMINISTRATIVE LAW JUDGE

AND FROM THERE THEY CAN TAKE AN ARTICLE 78 PROCEEDING TO THE STATE

NYS ASSEMBLY MAY 24, 2021

SUPREME COURT. AND IF MY RECOLLECTION IS CORRECT, IF THEY WIN IN THOSE

ARENAS, THEIR DISABILITY PAYMENTS AND BENEFITS GO RETROACTIVE TO THE DATE

THEY MADE THE INITIAL APPLICATIONS. AND I ALSO UNDERSTAND THAT THERE'S

SOME COMPENSATION FOR WHATEVER COUNSEL THAT THEY MAY HIRE, USUALLY

WORKING ALONG THE LINES OF WORKERS' COMP TYPE OF FEE SCHEDULE.

SO FOR THOSE REASONS I WILL NOT BE ABLE TO SUPPORT THIS

PIECE OF LEGISLATION AND I WILL BE VOTING IN THE NEGATIVE. THANK YOU,

MR. SPEAKER.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY PRINT 3149. THIS IS A PARTY VOTE. ANY

MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THEIR

CONFERENCE POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY

LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. HEVESI TO EXPLAIN HIS VOTE -- MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. BEFORE MR. HEVESI

EXPLAINS HIS VOTE, THE REPUBLICAN CONFERENCE IS GENERALLY OPPOSED TO

THIS LEGISLATION. BUT THOSE WHO ARE WAITING FOR MR. HEVESI TO CHANGE

THEIR MIND ARE ENCOURAGED TO CALL THE MINORITY LEADER'S OFFICE.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

NYS ASSEMBLY MAY 24, 2021

SPEAKER. MAJORITY COLLEAGUES ARE GENERALLY GOING TO BE IN FAVOR ON

THIS PIECE OF LEGISLATION. HOWEVER, THERE MAY BE SOME THAT WANT TO BE

AN EXCEPTION. THEY SHOULD FEEL FREE TO CONTACT THE MAJORITY LEADER'S

OFFICE AND THEIR VOTE WILL BE PROPERLY RECORDED.

ACTING SPEAKER AUBRY: AND I'M AGAIN

REMINDING COLLEAGUES NOT TO USE A COLLEAGUE'S NAME, NO MATTER HOW IT'S

BEING USED. I'M THE ONE THAT CAN DO THAT AND YOU GUYS ARE ASKED NOT TO.

MR. HEVESI TO EXPLAIN HIS VOTE.

MR. HEVESI: YOU KNOW, MR. SPEAKER, I DON'T THINK

YOU REALLY NEEDED TO RUB THAT IN. BUT FOR MY PRIOR COLLEAGUE JUST LET ME

MENTION ONE LAST POINT THAT I AGREE THAT MEDICAL PROFESSIONALS DO

SOMETIMES EXAGGERATE. AND THE CURRENT LAW AND ALSO WHAT WE'RE

PROPOSING HAS A MECHANISM TO PREVENT THAT. WHAT WE DON'T HAVE

PREVENTED IN THE CURRENT LAW IS WHEN A DOCTOR THAT IS LEANED UPON BY

THE LOCAL DEPARTMENT OF SOCIAL SERVICES TO SAVE MONEY DENIES BENEFITS

OR OVER- OR UNDER-DIAGNOSES A PERSON WITH DISABILITIES SO THEY CAN'T

FULFILL THEIR WORK REQUIREMENTS AND GET THEIR BENEFITS. IF WE VOTE FOR

THIS BILL, YOU WILL BE ABLE TO DO BOTH.

THANK YOU BOTH TO MY COLLEAGUES AND THE SPEAKER.

ACTING SPEAKER AUBRY: CERTAINLY. AND YOU

WILL BE REMINDED, MR. HEVESI, THAT I WAS REMINDING A FORMER SPEAKER

THAT HE SHOULDN'T USE YOUR NAME IN EXPLAINING HIS VOTE. THANK YOU

VERY MUCH.

MR. WALCZYK.

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

NYS ASSEMBLY MAY 24, 2021

EXPLAIN MY VOTE.

ACTING SPEAKER AUBRY: PROCEED, SIR.

MR. WALCZYK: ON DECEMBER 6, 2019 THE

GOVERNOR WROTE VETO MEMO 179 AND SAID THIS PIECE OF LEGISLATION THAT

WE'RE BRINGING BACK UP TODAY WOULD INEVITABLY ENCOURAGE FRAUD.

INDIVIDUAL PRACTITIONERS ALREADY HAVE THE OPPORTUNITY WITHIN THE CURRENT

PROCESS TO PROVIDE THE INPUT, THAT THIS BILL WAS UNNECESSARY AND THAT I

WILL CONCLUDE THAT IT WOULD ALSO DIVERT FUNDS FROM DIFFERENTLY-ABLED

PEOPLE THAT NEED THE ASSISTANCE FROM THOSE WHO WOULD PERPETUATE

FRAUD.

SO WITH THAT, MR. SPEAKER, I VOTE NO AND ENCOURAGE

MY COLLEAGUES TO DO THE SAME.

ACTING SPEAKER AUBRY: MR. WALCZYK IN THE

NEGATIVE.

MR. ABINANTI TO EXPLAIN HIS VOTE.

MR. ABINANTI: THANK YOU, MR. SPEAKER. I WANT

TO SUPPORT THE -- THE LEGISLATION PRESENTLY PENDING BEFORE -- BEFORE US

AND THANK THE SPONSOR FOR BRINGING THIS LEGISLATION FORWARD. THIS IS

AKIN TO PRESCRIBER PREVAILS, WHICH IS SOMETHING THAT I BELIEVE ALL OF US

SUPPORT. THE REASON WE HAVE DOCTORS TREATING PATIENTS OVER A PERIOD OF

TIME IS TO GET THEM TO DO BETTER, TO HEAL THEM. AND IF A DOCTOR IS OF THE

OPINION THAT THE PERSON IS NOT YET HEALED OR HAS A CONDITION THAT CANNOT

BE HEALED, I THINK WE SHOULD GIVE WEIGHT TO THAT OPINION. THE

GOVERNOR'S VETO, TO ME, IS INSIGNIFICANT IN THIS DISCUSSION. THE

GOVERNOR REPRESENTS THE SYSTEM THAT IS NOT NOW WORKING FOR PEOPLE

NYS ASSEMBLY MAY 24, 2021

WITH DISABILITIES. AND WE NEED TO BRING IN OUTSIDE EXPERTS, DOCTORS

WHO KNOW THE PEOPLE WITH DISABILITIES AND WHAT THEIR ABILITIES AND

DISABILITIES ARE. THIS IS ESPECIALLY TRUE IN THIS ENVIRONMENT WHERE

THERE'S VERY LITTLE WORK FOR PEOPLE WITH DISABILITIES, WHERE PEOPLE WITH

DISABILITIES HAVE GREAT DIFFICULTY FINDING EMPLOYMENT. AND FOR -- FOR A

DOCTOR WHO SEES A PERSON WITH A DISABILITY ONCE TO SAY THAT THEY COULD

GO OUT AND WORK IN AN ENVIRONMENT WHERE THEY CAN'T WORK BECAUSE

THERE ARE NO JOBS OR IN AN ENVIRONMENT WHERE PEOPLE ARE UNWILLING TO

MAKE THE ACCOMMODATIONS NECESSARY I THINK IS -- IS UNFORTUNATE.

SO I SUPPORT THIS LEGISLATION AND URGE MY COLLEAGUES

TO PUT SOME FAITH IN THE PRESCRIBERS, THE DOCTORS WHO ARE TREATING

PEOPLE WITH DISABILITIES AND I'M VOTING IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. ABINANTI IN THE

AFFIRMATIVE.

MR. GOODELL.

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

COLLEAGUE MR. ASHBY IN THE AFFIRMATIVE ON THIS LEGISLATION.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: SO NOTED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU

COULD PLEASE RECORD OUR COLLEAGUE MR. BRAUNSTEIN IN THE NEGATIVE ON

THIS ONE.

ACTING SPEAKER AUBRY: SO NOTED. THANK YOU

BOTH.

NYS ASSEMBLY MAY 24, 2021

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 27, CALENDAR NO. 354, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A03409, CALENDAR NO.

354, LAVINE, SEAWRIGHT, SANTABARBARA, BUTTENSCHON, OTIS, WEPRIN. AN

ACT TO AMEND THE TAX LAW, IN RELATION TO PROVIDING A TAX CREDIT FOR

UNIVERSAL VISITABILITY; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS

UPON EXPIRATION THEREOF.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY PRINT 3409. 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 8 -- PAGE 27, CALENDAR NO. 357.

THE CLERK: ASSEMBLY NO. A03960, CALENDAR NO.

357, CUSICK, LUPARDO, BLANKENBUSH, COLTON, WEPRIN, STERN, WALSH,

HUNTER, BUTTENSCHON, OTIS, SANTABARBARA, REILLY, SEAWRIGHT, FALL,

PALMESANO, STIRPE, MANKTELOW. AN ACT TO AMEND THE TAX LAW AND THE

NYS ASSEMBLY MAY 24, 2021

LABOR LAW, IN RELATION TO ESTABLISHING A SMALL BUSINESS TAX CREDIT FOR

THE EMPLOYMENT OF DISABLED PERSONS; AND PROVIDING FOR THE REPEAL OF

SUCH PROVISIONS UPON EXPIRATION THEREOF.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY PRINT 3960. THIS IS A FAST ROLL CALL. ANY

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MS. WALSH.

MS. WALSH: THANK YOU, MR. SPEAKER. JUST TO

EXPLAIN MY VOTE. I THINK THIS IS A GREAT BILL. I'M VERY HAPPY TO BE A

COSPONSOR OF IT. I THINK IT'S JUST SO IMPORTANT THAT WE GIVE A BREAK TO

BUSINESSES WHO WILL OPEN THEIR DOORS AND I THINK, THEN, THEIR HEARTS TO

THE EMPLOYMENT OF INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL

DISABILITIES. WHAT I'VE HEARD SO MANY TIMES FROM BUSINESSES IN MY

DISTRICT THAT HAVE DONE THAT BY -- EVEN WITHOUT GETTING ANY KIND OF A TAX

BREAK OR A CREDIT -- HAVE OPENED THEIR DOORS AND GIVEN THE CHANCE TO AN

INDIVIDUAL TO COME IN AND SHOW WHAT THEY'VE GOT. THEY ALMOST -- JUST

ALMOST -- I CAN'T THINK OF AN -- OF AN INSTANCE WHERE THEY REGRETTED IT

AFTERWARDS. THEY -- THEY FIND THAT THE INDIVIDUAL WITH DISABILITY COMES

IN AND THEY LOVE THEIR JOB. THEY DON'T WANT TO MISS WORK. THEY WORK

HARD. THEY REALLY APPRECIATE THE OPPORTUNITY AND IT GIVES THEM A SENSE

NYS ASSEMBLY MAY 24, 2021

OF VALUE, AND IN TURN, THAT TEACHES THE PEOPLE THAT ARE IN BUSINESS -- IN

THAT BUSINESS WHO MAYBE DON'T HAVE A DISABILITY, MORE ABOUT

THEMSELVES, ABOUT THEIR WORKPLACE CULTURE. IT'S JUST SO IMPORTANT.

I COMMEND THE SPONSOR. I'M SO HAPPY TO SUPPORT THIS

BILL. I'D LOVE TO SEE OTHERS LIKE IT. THANK YOU.

ACTING SPEAKER AUBRY: MS. WALSH IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 29, CALENDAR NO. 384, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A07358-A, CALENDAR

NO. 384, ABINANTI, BURDICK, ZINERMAN. AN ACT TO AMEND THE MENTAL

HYGIENE LAW, IN RELATION TO THE APPOINTMENT OF MEMBERS TO THE

DEVELOPMENTAL DISABILITIES ADVISORY COUNCIL.

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 7358-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 TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU, SIR. LAST WEEK I HAD

NYS ASSEMBLY MAY 24, 2021

MARKED THIS BILL TO BE LAID ASIDE. AND WHILE I APPRECIATED THAT THE

APPOINTMENT OF MEMBERS TO THE DEVELOPMENTAL DISABILITIES ADVISORY

COMMITTEE [SIC] WAS BEING ADDRESSED, IT DID NOT INCLUDE A SINGLE

MINORITY REPRESENTATIVE. AND OF COURSE AS YOU CAN APPRECIATE, THE

DEVELOPMENTAL DISABILITIES IS AN ISSUE THAT AFFECTS ALL THE STATE,

INCLUDING THE 30 PERCENT THAT'S REPRESENTED BY REPUBLICAN LEGISLATORS. I

WAS VERY PLEASED TO SEE THAT THE SPONSOR TOOK THE OPPORTUNITY OVER THE

LAST WEEK TO AMEND IT TO INCLUDE A MINORITY REPRESENTATION OR

APPOINTMENTS ON THAT COMMISSION AND, THEREFORE, I'M PLEASED TO BE

SUPPORTING IT TODAY.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

AFFIRMATIVE.

MR. ABINANTI TO EXPLAIN HIS VOTE.

MR. ABINANTI: THANK YOU, MR. SPEAKER. PEOPLE

WITH DISABILITIES ARE DEMOCRATS, REPUBLICANS, CONSERVATIVES,

INDEPENDENTS, PROGRESSIVES. A DISABILITY AFFECTS A PERSON REGARDLESS OF

THEIR POLITICAL AFFILIATION, REGARDLESS OF THEIR RACE, COLOR OR CREED. AND I

THINK WHAT WE'VE SEEN TODAY ARE MOST OF THE BILLS, WE'VE ALL GOTTEN

TOGETHER TO SEND A MESSAGE THAT WE CARE ABOUT PEOPLE WITH DISABILITIES

IN THIS HOUSE AND WE'RE GOING TO DO THE BEST THAT WE CAN TO MOVE

THINGS FORWARD TO IMPROVE THE QUALITY OF LIFE FOR PEOPLE WITH

DISABILITIES. WE -- WE PASSED A SERIES OF BILLS, MOST OF WHICH MAKES

SOME CHANGES IN THE STRUCTURE OF THE WAY WE -- WE DEAL WITH PEOPLE

WITH DISABILITIES, AND I LOOK FORWARD TO WORKING WITH THIS HOUSE TO --

NYS ASSEMBLY MAY 24, 2021

TO NEXT TO TRY TO IMPROVE SOME OF THE INDIVIDUAL PIECES AND MAKE SURE

OUR STATE GOVERNMENT IS -- IS DOING AN EVEN BETTER JOB. THERE ARE SOME

FAMILIES OUT THERE AND WE REALLY NEED TO ADDRESS THOSE. AND I WANT TO

THANK THE SPEAKER. I WANT TO THANK THE STAFF, PARTICULARLY KIM HILL, AND

I WANT TO THANK MY COLLEAGUES FOR SUPPORTING THE LEGISLATION THAT WE

SUPPORTED TODAY. AND I WILL VOTE IN THE AFFIRMATIVE.

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.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, COLLEAGUES,

IF WE CAN NOW GO TO THE A-CALENDAR WE'RE GOING TO CONSENT BEGINNING

ON PAGE 3. AND THERE ARE SEVERAL NEW BILLS ON THIS CALENDAR AND WE'RE

GOING TO WORK RIGHT THROUGH THEM. AND WE'RE ALSO GOING TO GO TO THE

DEBATE LIST IMMEDIATELY FOLLOWING THAT. SO AGAIN, MR. SPEAKER, PAGE 3

OF THE A-CALENDAR.

ACTING SPEAKER AUBRY: PAGE 3 ON THE

A-CALENDAR, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A00096-A, CALENDAR

NO. 67, GUNTHER, BENEDETTO, HYNDMAN, WALKER, GALEF, PAULIN, STECK,

STIRPE, WOERNER, O'DONNELL, FAHY, JEAN-PIERRE, SOLAGES, COLTON,

HEVESI, GOTTFRIED, SIMON, CARROLL, TAYLOR, SANTABARBARA, QUART,

DIPIETRO, MCDONOUGH, PALMESANO, RA, LEMONDES, LAWLER, DARLING,

NYS ASSEMBLY MAY 24, 2021

MCMAHON, THIELE, L. ROSENTHAL, B. MILLER, WALLACE, FRONTUS,

DINOWITZ. AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW, IN RELATION TO

DESIGNATING HUMAN ORGAN DELIVERY VEHICLES AS AUTHORIZED EMERGENCY

VEHICLES.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

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

DAY.

ACTING SPEAKER AUBRY: THIS IS -- THE CLERK

WILL RECORD THE VOTE ON ASSEMBLY PRINT 96-A. THE CLERK WILL RECORD --

THIS IS A FAST ROLL CALL. ANY MEMBER WHO WISHES TO BE RECORDED IN THE

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

NUMBERS PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A00336-A, RULES

REPORT NO. 68, BRAUNSTEIN, DINOWITZ, OTIS, CYMBROWITZ, AUBRY,

L. ROSENTHAL, FERNANDEZ, STERN, HEVESI, HUNTER, JOYNER, PERRY, RAMOS,

STECK, BARRON, MCDONALD, ROZIC. AN ACT TO AMEND THE PUBLIC HEALTH

LAW, IN RELATION TO PRESCRIBING AN OPIOID ANTAGONIST WITH A PATIENT'S

FIRST OPIOID PRESCRIPTION IN A GIVEN YEAR.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

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

DAY.

NYS ASSEMBLY MAY 24, 2021

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY PRINT 336-A. THIS IS A FAST ROLL CALL. ANY

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A00430, RULES REPORT

NO. 69, L. ROSENTHAL, ZEBROWSKI, GOTTFRIED, CAHILL, PERRY, WEPRIN,

DE LA ROSA, CRUZ, ABINANTI, COLTON, SIMON, OTIS. AN ACT TO AMEND

THE CIVIL RIGHTS LAW, IN RELATION TO ELECTRONIC MONITORING.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A00783, RULES REPORT

NO. 70, CAHILL, BARRON, FORREST. AN ACT TO AMEND THE PUBLIC HEALTH

LAW, IN RELATION TO COVERAGE OF OSTOMY SUPPLIES IN THE CHILD HEALTH

PLUS PROGRAM.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY PRINT 78 -- 783. 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.

NYS ASSEMBLY MAY 24, 2021

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A00811-A, RULES

REPORT NO. 71, WALLACE, NORRIS, MCMAHON, LUPARDO, TAGUE. AN ACT

TO AMEND THE VEHICLE AND TRAFFIC LAW, IN RELATION TO THE USE OF GREEN

LIGHTS ON MUNICIPAL HAZARD VEHICLES DESIGNED FOR ICE AND SNOW REMOVAL

AND IN RELATION TO THE OPERATION OF VEHICLES WHEN APPROACHING SUCH A

PARKED, STOPPED OR STANDING HAZARD VEHICLE.

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 811-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. MONTESANO TO EXPLAIN HIS VOTE.

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

EXPLAIN MY VOTE. YOU KNOW, THROUGHOUT THE AGES THE GREEN LIGHT WAS

PRESERVED AND DESIGNATED TO VOLUNTEER AMBULANCE WORKERS, EMERGENCY

MEDICAL TECHNICIANS, PARAMEDICS, THAT DON'T BELONG TO A FIRE DEPARTMENT

BUT BELONG TO EMERGENCY SERVICES, THE AMBULANCE SERVICES. SO THE

GREEN LIGHT IS ALWAYS THEIRS AND REPRESENTATIVE OF THEIRS. I DON'T

NYS ASSEMBLY MAY 24, 2021

UNDERSTAND. IF WE'RE WORRIED ABOUT PROVIDING ADDITIONAL PROTECTION TO

WORK VEHICLES THAT DISPLAY THE FLASHING AMBER LIGHTS, WE COULD VERY

SIMPLY ADD WHITE STROBE LIGHTS TO THAT SETUP WHICH WOULD GET PEOPLE'S

ATTENTION EVEN MORE ON THE ROAD VERSUS THE GREEN LIGHT.

SO FOR THOSE REASONS I'LL BE VOTING IN THE NEGATIVE.

THANK YOU.

ACTING SPEAKER AUBRY: MR. MONTESANO IN

THE NEGATIVE.

MR. BYRNE TO EXPLAIN HIS VOTE.

MR. BYRNE: YES, THANK YOU, MR. SPEAKER. I

WANTED TO EXPLAIN MY VOTE FOR A -- FOR A COUPLE OF REASONS: ONE, I'M

SWITCHING MY VOTE. I ACTUALLY VOTED NO IN THE TRANSPORTATION

COMMITTEE FOR SOME OF THE REASONS THAT WERE JUST VOICED BY MY FRIEND

AND COLLEAGUE WHO I HAVE GREAT RESPECT FOR. WHENEVER WE'RE TALKING

ABOUT CHANGING THE BLUE LIGHT LAW OR THE GREEN LIGHT LAW WHICH ARE

EXTREMELY IMPORTANT FOR OUR VOLUNTARY EMERGENCY SERVICES - BLUE LIGHT

FOR THE FIRE SERVICE, GREEN LIGHT FOR VOLUNTEER EMERGENCY AMBULANCE

WORKERS - WE WANT TO MAKE SURE WE DON'T LESSEN THE EFFECTIVENESS OF

THOSE COURTESY LIGHTS WHEN THEY'RE RESPONDING TO AN EMERGENCY. BUT I

WANT TO THANK THE SPONSOR BECAUSE WE ACTUALLY WERE ABLE TO SPEAK

ABOUT THE BILL A LITTLE BIT, AND I -- I DO BELIEVE THAT THIS BILL IS NARROW

ENOUGH WHERE IT'S SPECIFIC FOR THOSE MUNICIPAL PLOWS AND I DO THINK IT'S

GOING TO HELP IMPROVE PUBLIC SAFETY. I REACHED OUT TO SOME OF THE

EMERGENCY SERVICE MEMBERS IN MY COMMUNITY, IN MY AREA, AND THEY

DIDN'T SEEM TO OBJECT TO IT BECAUSE IT WAS NARROW. I KNOW SOME OF OUR

NYS ASSEMBLY MAY 24, 2021

HIGHWAY SUPERINTENDENTS HAVE VOICED SUPPORT FOR THIS.

SO, I'M GOING TO BE VOTING YES, AND I JUST -- I DO

APPRECIATE THE SPONSOR BEING COLLABORATIVE AND PATIENT AND TAKING INTO

CONSIDERATION SOME OF THE CONCERNS THAT PEOPLE HAVE -- LIKE MYSELF

HAVE VOICED IN THE PAST. BUT I WILL BE VOTING IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. BYRNE IN THE

AFFIRMATIVE.

MR. TAGUE.

MR. TAGUE: THANK YOU, MR. SPEAKER. TO EXPLAIN

MY VOTE.

ACTING SPEAKER AUBRY: PLEASE, SIR.

MR. TAGUE: FIRST OF ALL, I WANT TO COMMEND THE

SPONSOR. I'M HAPPY TO BE A COSPONSOR OF THIS BILL. AND MY SUPPORT FOR

THIS BILL WAS BROUGHT FORWARD BY THE HIGHWAY SUPERINTENDENTS, TOWN,

VILLAGE AND COUNTY THAT -- THAT WORK IN MY ASSEMBLY DISTRICT, SO I AM

PROUD TO BE IN THE AFFIRMATIVE ON THIS BILL AND ENCOURAGE MY COLLEAGUES

TO DO THE SAME.

THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, SIR. MR.

TAGUE IN THE AFFIRMATIVE.

MS. WALLACE TO EXPLAIN HER VOTE.

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

GIVING ME AN OPPORTUNITY TO EXPLAIN MY VOTE. I WANT TO THANK MY

COLLEAGUES FOR SUPPORTING THIS LEGISLATION. THIS WILL MAKE A BIG

DIFFERENCE IN OUR COMMUNITY IN TERMS OF KEEPING PEOPLE SAFE. PEOPLE

NYS ASSEMBLY MAY 24, 2021

WHO HAVE NOT BEEN IN A WHITEOUT IN THE WESTERN NEW YORK AREA MIGHT

NOT APPRECIATE HOW IMPORTANT THIS LEGISLATION IS. INTERESTINGLY, SCIENCE

SHOWS THAT GREEN -- GREEN HAZARD LIGHTS ARE MORE VISIBLE IN THOSE KINDS

OF CONDITIONS. SO THIS LEGISLATION FOR THAT REASON WAS SUPPORTED BY THE

HIGHWAY SUPERINTENDENTS, AND I KNOW IT WILL SAVE LIVES AND I WANT TO

THANK ALL OF MY COLLEAGUES FOR SUPPORTING THIS LEGISLATION.

THANK YOU.

ACTING SPEAKER AUBRY: MS. WALLACE IN THE

AFFIRMATIVE.

MR. GOODELL.

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

COLLEAGUES MR. DIPIETRO AND MR. FITZPATRICK IN THE NEGATIVE ALONG WITH

THOSE WHO ARE VOTING NO ON THE FLOOR.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: SO NOTED. THANK

YOU.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A00831-A, RULES

REPORT NO. 72, PAULIN. AN ACT TO AMEND THE ELECTION LAW, IN RELATION

TO THE ACCESSIBILITY OF CONGRESSIONAL, SENATORIAL, ASSEMBLY AND ELECTION

DISTRICT MAPS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

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

NYS ASSEMBLY MAY 24, 2021

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY PRINT 831-A. THIS IS A FAST ROLL CALL. ANY

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A00848, RULES REPORT

NO. 73, JEAN-PIERRE, HUNTER, HYNDMAN, LAVINE, DICKENS, NIOU, SIMON,

ENGLEBRIGHT, SMITH, MIKULIN, WILLIAMS, TAYLOR, FERNANDEZ, RAMOS,

RICHARDSON, COOK, PEOPLES-STOKES, DILAN. AN ACT TO AMEND THE TAX

LAW, IN RELATION TO EXEMPTING CERTAIN DISTRIBUTIONS FROM ELIGIBLE

RETIREMENT PLANS FOR INCOME TAX PURPOSES.

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 848. THIS IS A FAST ROLL CALL. ANY

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL TO EXPLAIN HIS VOTE.

NYS ASSEMBLY MAY 24, 2021

MR. GOODELL: THANK YOU, SIR. HURRICANE SANDY

OCCURRED NINE YEARS AGO, NINE YEARS AGO. SO WHEN THIS BILL WAS FIRST

PROPOSED NINE YEARS AGO, I WAS AN ENTHUSIASTIC SUPPORTER BECAUSE I

UNDERSTOOD THE PEOPLE MAY HAVE NEEDED TO TAKE MONEY OUT OF THEIR

IRA OR OTHER PENSION FUNDS TO ADDRESS THAT EMERGENCY SITUATION, AND

WE DIDN'T WANT TO PENALIZE THEM BY FORCING THEM TO PAY CAPITAL GAINS

TAX OR WHATEVER TAX MIGHT BE APPLICABLE. BUT THAT WAS NINE YEARS AGO.

AND AFTER NINE YEARS, PEOPLE WHO ARE STILL TAKING MONEY OUT AND

CLAIMING IT WAS FOR HURRICANE SANDY, IT BECOMES INCREASINGLY DIFFICULT

TO TELL WHETHER IT'S A ROUTINE HOME IMPROVEMENT PROJECT OR IT WAS

RELATED TO A HURRICANE A DECADE AGO. AND SO WHILE I'M SUPPORTING IT

THIS YEAR, I THINK WE SERIOUSLY NEED TO SAY AFTER A DECADE THOSE REPAIRS

ARE HOME IMPROVEMENT PROJECTS, NOT A HURRICANE SANDY RESPONSE.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A00993-A, RULES

REPORT NO. 74, BRONSON, CLARK, MEEKS, LUNSFORD. AN ACT TO AMEND

CHAPTER 416 OF THE LAWS OF 2007, ESTABLISHING THE CITY OF ROCHESTER

AND THE BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF

ROCHESTER SCHOOL FACILITIES MODERNIZATION PROGRAM ACT, IN RELATION TO

GRANTING FURTHER AUTHORITY TO THE RJSCB TO MODERNIZE EDUCATIONAL

NYS ASSEMBLY MAY 24, 2021

FACILITIES IN THE CITY OF ROCHESTER; AND TO AMEND THE EDUCATION LAW, IN

RELATION TO THE COMPUTATION OF BUILDING AID.

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 993-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 BILL HAS HAD

AN INTERESTING HISTORY. IN 2014 THERE WERE 32 NO VOTES. PRIMARILY OVER

REALLY DEEP CONCERNS OVER THE BIDDING PROCESS AND THE CONSTRUCTION

PROCESS IN THE ROCHESTER SCHOOL DISTRICT WHERE THERE WERE A LOT OF

ALLEGATIONS OF -- OF IMPROPRIETIES. BY 2016, THIS LEGISLATURE FELT A LOT

MORE COMFORTABLE AND THERE WERE ONLY EIGHT NO VOTES. I WILL BE VOTING

AGAINST THIS BILL TODAY, PRIMARILY BECAUSE THIS BILL REQUIRES THAT EVERY

CONTRACT RELATED TO THE ROCHESTER SCHOOL PROJECT HAD A PROJECT LABOR

AGREEMENT, WHICH IS FUNDAMENTALLY DISCRIMINATORY AGAINST ANY

CONSTRUCTION COMPANIES THAT ARE NON-UNION. AND I HAVE A CONCERN

WHEN WE SAY TO A WHOLE SEGMENT OF OUR SOCIETY, IT MAY BE YOUR TAX

DOLLARS THAT ARE PAYING FOR THIS PROJECT, BUT YOU DON'T EVEN NEED TO

APPLY. YOU DON'T EVEN NEED TO SUBMIT A BID. WE DON'T CARE IF YOU'RE

THE LOWEST CONTRACTOR. WE DON'T CARE IF YOU PAY PREVAILING WAGES,

NYS ASSEMBLY MAY 24, 2021

WHICH MOST OF US KNOW AND UNDERSTAND ARE UNION WAGES. IF YOU DON'T

HAVE A UNION, DON'T EVEN BOTHER SEEKING A CONTRACT WITH THE

GOVERNMENT TO DO WORK ON A PROJECT THAT YOU HELP FUND WITH YOUR OWN

TAX DOLLARS. AND I JUST DON'T THINK A DISCRIMINATORY STATUTORY PROVISION

IS AN APPROPRIATE WAY TO GO.

SO I WILL BE VOTING AGAINST IT THIS YEAR AND RECOMMEND

THE SAME TO MY COLLEAGUES. BUT IT IS LIMITED TO THE ROCHESTER SCHOOL,

AND SO THAT'S A MITIGATING FACTOR SINCE MOST OF MY NON-UNION

CONTRACTORS WOULDN'T BE BIDDING UP THERE. THANK YOU, SIR.

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

NEGATIVE.

MR. TAGUE.

MR. TAGUE: THANK YOU, MR. SPEAKER. TO EXPLAIN

MY VOTE.

ACTING SPEAKER AUBRY: PROCEED.

MR. TAGUE: I REITERATE WHAT MY COLLEAGUE JUST SAID.

DUE TO THE MANDATORY PLAS ON THIS CONTRACT, I WILL ALSO BE VOTING --

VOTING IN THE NEGATIVE AND I ENCOURAGE EACH AND EVERY ONE OF MY

COLLEAGUES TO DO THE SAME. IF YOU'RE ABOUT FAIRNESS, YOU WILL VOTE NO

ON THIS BILL.

ACTING SPEAKER AUBRY: MR. TAGUE IN THE

NEGATIVE.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. IN ADDITION TO THE

NEGATIVE VOTES ON THE FLOOR, PLEASE RECORD THE FOLLOWING COLLEAGUES IN

NYS ASSEMBLY MAY 24, 2021

THE NEGATIVE: MS. BYRNES, MR. DIPIETRO, MR. FITZPATRICK AND MR.

FRIEND.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: SO NOTED. THANK

YOU.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A01140-A, RULES

REPORT NO. 75, WALLACE, BURDICK, BUTTENSCHON. AN ACT TO AMEND THE

EXECUTIVE LAW, IN RELATION TO CREATING THE WOMEN VETERANS ADVISORY

COMMITTEE.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 120TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY PRINT 1140-A. THIS IS A FAST ROLL CALL.

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A01242, RULES REPORT

NYS ASSEMBLY MAY 24, 2021

NO. 77, CAHILL, GRIFFIN, JACOBSON. AN ACT TO AMEND THE TAX LAW, IN

RELATION TO INCLUDING CERTAIN INDEPENDENT CONTRACTORS IN THE STATE

DIRECTORY OF NEW HIRES TO AID IN THE ADMINISTRATION OF THE CHILD SUPPORT

ENFORCEMENT PROGRAM.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A01450, RULES REPORT

NO. 78, DINOWITZ, GALEF, WILLIAMS, COLTON, DICKENS, GOTTFRIED,

SEAWRIGHT, ZEBROWSKI, REYES. AN ACT TO AMEND THE GENERAL BUSINESS

LAW, IN RELATION TO REQUIRING NOTICE OF MANDATORY ARBITRATION CLAUSES IN

CERTAIN CONSUMER CONTRACTS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A01893, RULES REPORT

NO. 79, SIMON, ENGLEBRIGHT, STECK, RICHARDSON, OTIS, JACOBSON,

FORREST. AN ACT TO AMEND THE LABOR LAW, IN RELATION TO WAGE THEFT.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED. THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A02140-B, RULES

REPORT NO. 80, GRIFFIN, SOLAGES, WILLIAMS, RA, BRAUNSTEIN, AUBRY,

O'DONNELL, HYNDMAN, MONTESANO, COOK, ANDERSON, BURDICK, JACKSON,

SILLITTI. AN ACT TO DIRECT THE DEPARTMENT OF ENVIRONMENTAL

CONSERVATION AND OTHER STATE DEPARTMENTS AND AGENCIES TO CONDUCT A

STUDY ON THE QUALITY OF LIFE AND HUMAN HEALTH IMPACTS AT JOHN F.

NYS ASSEMBLY MAY 24, 2021

KENNEDY INTERNATIONAL AIRPORT AND LAGUARDIA AIRPORT.

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 2140-B. THIS IS A FAST ROLL CALL.

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MS. GRIFFIN TO EXPLAIN HER VOTE.

MS. GRIFFIN: OKAY. THANK YOU FOR ALLOWING ME TO

EXPLAIN MY VOTE, MR. SPEAKER. FOR FAR TOO LONG, OUR MUTUAL

CONSTITUENTS FROM SEVERAL ASSEMBLY AND SENATE DISTRICTS, INCLUDING

MINE, HAVE CONTINUED TO EXPERIENCE A DETRIMENTAL HEALTH IMPACT AND A

DIMINISHED QUALITY OF LIFE FROM THE EXCESSIVE DAILY NOISE OF AIR TRAFFIC

CONTROL -- OF AIR TRAFFIC ABOVE THEIR HOMES. THIS EXCESSIVE NOISE HAS

CONTINUED UNABATED FOR DECADES AND CONTINUES TO WORSEN AS A RESULT OF

CHANGING AIR TRAFFIC PATTERNS, CARGO PLANES AND PLANES FLYING LOW WHEN

APPROACHING THE AIRPORTS. OVER THE LAST YEAR, THE COVID-19 PANDEMIC

HAS HEAVILY RESTRICTED TRAVEL, BUT AS MORE PEOPLE ARE BEGINNING TO TRAVEL

AGAIN, LONG ISLAND AND NEW YORK CITY COMMUNITIES WILL ONCE AGAIN

BE DEALING WITH HARMFUL NOISE POLLUTION AND EMISSIONS. WHILE AIR

TRAFFIC IS PRIMARILY A FEDERAL JURISDICTION, THIS -- THIS STUDY WILL

SCIENTIFICALLY VALIDATE WHAT RESIDENTS ALREADY KNOW. THE NOISE IS

EXCESSIVE, HARMFUL TO HUMANS AND NEEDS TO BE BETTER REGULATED AND

NYS ASSEMBLY MAY 24, 2021

MITIGATED. ALTHOUGH WE WILL ALWAYS ENDURE A LEVEL OF AIRPLANE NOISE,

THIS STUDY WILL ILLUSTRATE THAT MANY RESIDENTS ARE FACED WITH EXCESSIVE

NOISE WAY ABOVE THE ACCEPTABLE LEVEL AND THIS NEGATIVELY IMPACTS THEIR

HEALTH. OUR -- OUR RESIDENTS DESERVE THE RIGHT TO LIVE IN THEIR HOME

WITHOUT HAVING TO FACE A CONSTANT EROSION OF THEIR HEALTH AND

WELL-BEING DUE TO FLIGHT PATTERNS, AND THIS LEGISLATION, COUPLED WITH THE

FUNDING I HELP SECURE IN THE STATE BUDGET, WILL HELP US BETTER IDENTIFY

THE ISSUES THEY CONTINUE TO FACE SO THE FAA CAN FINALLY RESOLVE THESE

ISSUES. ALTHOUGH THIS BILL PREVIOUSLY PASSED BOTH HOUSES, IT WAS

VETOED BY THE GOVERNOR. THE BILL WAS AMENDED, AND NOW WITH THE

FUNDING SECURED IN THE 2021 BUDGET, I IMPLORE THE GOVERNOR TO SIGN IT

ONCE IT PASSES IN THE SENATE. SO I HOPE HE CAN SIGN IT INTO LAW THIS

YEAR.

THANK YOU AGAIN TO THE SPEAKER FOR BRINGING THIS

LEGISLATION TO THE FLOOR, AND THANK YOU TO ALL MY COLLEAGUES FOR VOTING

TO PASS IT AND I VOTE IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: MS. GRIFFIN IN THE

AFFIRMATIVE.

MR. MONTESANO.

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

EXPLAIN MY VOTE. FIRST I WOULD THANK THE SPONSOR FOR THIS BILL WHICH I

PROUDLY COSPONSOR WITH HER. THIS HAS BEEN A DAUNTING PROBLEM IN MY

ASSEMBLY DISTRICT AND SURROUNDING AREAS. WE'VE HAD MANY, YOU

KNOW, COMPLAINTS AND MEETINGS. AND AIR TRAFFIC HAS INCREASED

EXPONENTIALLY OVER THE YEARS, AND AS POINTED OUT, THE SIZES THE -- THE

NYS ASSEMBLY MAY 24, 2021

SIZES OF THE AIRCRAFT HAVE INCREASED TREMENDOUSLY, ALSO. THE -- THE

ROUTES TAKEN AT OUR PARTICULAR AREAS SERVICE THREE AIRPORTS, SO BEING

KENNEDY, LAGUARDIA AND NEWARK AIRPORT. WE GET THOUSANDS UPON

THOUSANDS OF FLIGHTS A DAY IN AND OUT FROM THE EARLY MORNING TO LATE AT

NIGHT. AND WHEN THE WEATHER PATTERN CHANGES THEY ALSO REROUTE

ADDITIONAL AIRCRAFT OUT OVER US FROM DIFFERENT PARTS OF THE STATE THAT

CONTINUALLY, YOU KNOW, WITH NOISE -- THE NOISE POLLUTION AND

ENVIRONMENTAL POLLUTION. THERE HAS TO BE A BETTER WAY TO DO THIS.

ALSO, ONE OF THE ISSUES ARE WHEN THE PORT AUTHORITY DECIDES ARBITRARILY

ON ANY GIVEN DAY TO CLOSE A RUNWAY AT KENNEDY AIRPORT OR LAGUARDIA

AIRPORT, THEY REROUTE ADDITIONAL TRAFFIC BACK OVER US. SO IF I SIT OUTSIDE

ANY TIME IN THE SPRING AND SUMMER, THE PLANES ARE LESS THAN ONE MINUTE

APART COMING OVER US AT ABOUT APPROXIMATELY 1,500 FEET BECAUSE WE'RE

LINED UP WITH THE FINAL APPROACH TO KENNEDY AIRPORT. SO ON -- ON ANY

GOOD DAY I COULD REACH UP AND GRAB THE TIRE BECAUSE THAT'S HOW LOW

THEY COME IN SOMETIMES. AND IF ANYBODY'S EVER EXPERIENCED THAT

BEFORE, TO WATCH A 747 -- OR IT COULD BE A COMMERCIAL CARGO PLANE --

COMING OVER YOU, IT'S -- IT'S NOT SO PLEASANT.

SO, THANK YOU AND I'LL BE VOTING IN THE AFFIRMATIVE AND

ASK MY COLLEAGUES TO DO THE SAME. THANK YOU.

ACTING SPEAKER JONES: MR. MONTESANO IN THE

AFFIRMATIVE.

MR. AUBRY TO EXPLAIN HIS VOTE.

MR. AUBRY: THANK YOU, MR. SPEAKER, FOR THIS

OPPORTUNITY TO EXPLAIN MY VOTE. LET ME GIVE MY THANKS TO THE -- THE

NYS ASSEMBLY MAY 24, 2021

MEMBER WHO HAS SPONSORED THIS. I HAVE LIVED NEXT TO THIS AIRPORT --

AIRPORT -- LAGUARDIA AIRPORT FOR MOST OF MY LIFE. I GREW UP WITH THE

AIRPLANES FLYING DIRECTLY OVER MY HOUSE AND DIRECTLY OVER MY GRAMMAR

SCHOOL. I LEARNED TO PAUSE WHEN I SPEAK BECAUSE THE PLANES WOULD FLY

OVER AND WE COULDN'T TALK. AND SO THE -- THE MEASURED ABILITY TO SPEAK

WAS LEARNED EARLY. BUT NO DOUBT IT HAS IMPACTED MY COMMUNITY OVER

THE YEARS BOTH IN AIR QUALITY AND NOISE RELATED TO IT. THEY'VE DIVERTED

THOSE, BUT NOW A PORTION OF MY DISTRICT THAT IS TO MY -- MY WEST NOW

GETS A DIRECT FLIGHT OVER. THE PEOPLE IN THAT COMMUNITY SAY THEY CAN

WAVE AT PASSENGERS AS THE PLANES COME DOWN. AND SO WE JOKE ABOUT

IT, BUT WE'VE LIVED WITH IT FOR ALL THESE DECADES. AND THE LEVEL OF

ASTHMA, THE LEVEL OF HEART CONDITIONS IN THAT COMMUNITY WE BELIEVE ARE

DIRECTLY RELATED TO AIRPORT OPERATIONS. WE'VE NEVER BEEN ABLE TO GET A

FULL READOUT ON HOW THAT IMPACT HAS PLAYED IN OUR NEIGHBORHOOD, AND

SO IT IS A WELCOME SIGHT TO HAVE THIS STUDY BEGIN SO THAT FUTURE

GENERATIONS WHO LIVE IN MY COMMUNITY WILL HAVE AN OPPORTUNITY TO

UNDERSTAND WHAT GOES ON, WHAT DANGERS THEY ARE FACING AND WHAT

REMEDIES MAY BE POSSIBLE.

SO, I WANT TO THANK THE SPONSOR OF THE BILL AND I

REMOVE MY OBJECTION AND VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER JONES: MR. AUBRY IN THE

AFFIRMATIVE.

MR. GOODELL.

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

FOLLOWING COLLEAGUES OF OURS IN THE NEGATIVE: MR. DIPIETRO, MR.

NYS ASSEMBLY MAY 24, 2021

FITZPATRICK AND MR. TAGUE.

THANK YOU, SIR.

ACTING SPEAKER JONES: ARE THERE ANY OTHER

VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A02239-A, RULES

REPORT NO. 81, STERN, SIMPSON, SILLITTI. AN ACT TO AMEND THE GENERAL

MUNICIPAL LAW, IN RELATION TO AUTHORIZING A MUNICIPALITY TO INCREASE

THE NUMBER OF YEARS OF SERVICE THAT A PARTICIPANT IN A DEFINED

CONTRIBUTION PLAN SERVICE AWARD PROGRAM OR A DEFINED BENEFIT PLAN

SERVICE AWARD PROGRAM MAY RECEIVE A CONTRIBUTION.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

STERN -- ON A MOTION BY MR. STERN, THE SENATE BILL IS BEFORE THE HOUSE.

THE SENATE BILL IS ADVANCED.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 1091-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.)

NYS ASSEMBLY MAY 24, 2021

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A02502, RULES REPORT

NO. 82, WEINSTEIN, TAYLOR. AN ACT TO AMEND THE REAL PROPERTY ACTIONS

AND PROCEEDINGS LAW, IN RELATION TO FORECLOSURE OF MORTGAGES.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED. THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY A02561-B, RULES REPORT

NO. 83, WOERNER, MCDONALD, LUPARDO, ANGELINO, DICKENS, HUNTER,

WALCZYK, GALEF, GOTTFRIED, BARRON, BYRNE. AN ACT TO AMEND THE PUB --

THE PUBLIC HEALTH LAW, IN RELATION TO AVAILABILITY OF AIR TRANSPORT

AMBULANCE SERVICE PROVIDERS TO STORE AND DISTRIBUTE HUMAN BLOOD AND

BLOOD PRODUCTS AND TO INITIATE AND ADMINISTER TRANSFUSIONS OF THE SAME.

ACTING SPEAKER AUBRY: ON -- ON A MOTION BY

MS. WOERNER, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 4085-A. THIS IS A FAST ROLL CALL. ANY

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MS. WOERNER TO EXPLAIN HIS VOTE -- HER VOTE.

NYS ASSEMBLY MAY 24, 2021

MS. WOERNER: THANK YOU, MR. SPEAKER. I

APPRECIATE THE OPPORTUNITY TO EXPLAIN MY VOTE. THIS PARTICULAR BILL IS --

IS ONE THAT FOR MANY OF US IN RURAL COMMUNITIES HAS SOME REAL

SIGNIFICANCE BECAUSE WE HAVE ALL SEEN WHAT HAPPENS WHEN PEOPLE HAVE

TRAUMATIC INJURIES IN A -- IN A FARM FIELD OR IN A -- ON A DARK ROAD IN THE

MIDDLE OF NO -- NOWHERE, AND HOW OFTEN WE -- WE RELY ON THE SERVICES

OF AIR AMBULANCES. WE ARE THE LAST STATE IN THE NATION TO ALLOW OUR AIR

AMBULANCES TO TRANSPORT BLOOD ON AN AIR AMBULANCE AND TO INITIATE A

TRANSFUSION. WITH THIS -- WITH THIS LEGISLATION OUR AIR AMBULANCES WILL

BE ABLE TO PROVIDE THE QUALITY OF CARE THAT THEY -- THAT -- THAT OUR

RESIDENTS AND VISITORS FROM OTHER PARTS OF THE COUNTRY CAN GET ANY -- ANY

-- IN ANY OTHER STATE.

AND SO I APPRECIATE THE OPPORTUNITY FOR US TO BRING

THIS BILL FORWARD. I VOTE IN THE AFFIRMATIVE AND I LOOK FORWARD TO

HAVING EVERYONE ELSE IN THIS CHAMBER DO THE SAME. THANK YOU VERY

MUCH, MR. SPEAKER.

ACTING SPEAKER AUBRY: MS. WOERNER IN THE

AFFIRMATIVE.

MR. -- MS. LUPARDO, EXCUSE ME.

MS. LUPARDO: THANK YOU VERY MUCH --

ACTING SPEAKER AUBRY: TO EXPLAIN HER VOTE.

MS. LUPARDO: THANK YOU, MR. SPEAKER. I'D LIKE

TO THANK THE SPONSOR FOR BRINGING FORWARD THIS EXTREMELY IMPORTANT

BILL. IN MY COUNTY ON MARCH 13TH, TRAVIS FLANAGAN WAS INVOLVED IN A

TRAGIC FARMING ACCIDENT WHERE HE -- HIS COVERALLS WERE CAUGHT IN A CORN

NYS ASSEMBLY MAY 24, 2021

HARVESTER. HE LOST BOTH LEGS IN THE ACCIDENT BELOW THE KNEE. THIS

WOULD HAVE HAD A MUCH MORE TRAGIC OUTCOME WERE IT NOT FOR A -- AN

AMBULANCE -- A MEDICAL CHOPPER FROM PENNSYLVANIA. IF THAT HELICOPTER

HAD NOT RESPONDED WITH BLOOD ON BOARD WHERE HE RECEIVED TWO

TRANSFUSIONS IN THE FIELD, HE WOULD NOT HAVE BEEN ALIVE TODAY TO ENJOY

HIS YOUNG FAMILY WITH A NEWBORN ON THE WAY. AS IT TURNS OUT, THERE

WAS A NEW YORK MEDICAL CHOPPER AVAILABLE BUT THEY WERE -- I MEAN,

WE HAD ONE IN -- IN SERVICE BUT IT WAS NOT AVAILABLE TO RESPOND TO MR.

FLANAGAN. FORTUNATELY, HE'S ALIVE TO THANK ALL OF YOU PERSONALLY WHEN

HE HEARS THIS NEWS AND I COULDN'T BE HAPPIER. THANK YOU.

ACTING SPEAKER AUBRY: MS. LUPARDO IN THE

AFFIRMATIVE.

MR. ANGELINO TO EXPLAIN HIS VOTE.

MR. ANGELINO: THANK YOU, MR. SPEAKER. ON

MARCH 13TH, A SATURDAY OF THIS YEAR, I -- I HAD THE UNFORTUNATE TASK OF

BEING ON CALL FOR MY FIRE DEPARTMENT AND LISTENED AS THE SMITHVILLE

FIRE DEPARTMENT AND THE GREENE EMERGENCY SQUAD WERE TONED OUT FOR

A FARM ACCIDENT. TRAVIS FLANAGAN WAS WORKING HIS FIELDS WHEN HE WAS

PULLED INTO THE GEARS AND THE TEETH OF HIS FARM EQUIPMENT, LOSING BOTH

LEGS. TRAVIS FLANAGAN ISN'T THE AVERAGE PERSON WHO WORKS THE FIELDS,

HE'S A NURSE ANESTHETIST AND WORKS IN AN OPERATING ROOM. EVERY

FIREMAN AND EVERY FIRE DEPARTMENT IN MY COUNTY WAS LISTENING ON THE

RADIO AND COULD HEAR EACH TIME THE MICS WERE KEYED HIS SCREAMS OF

ANGUISH, AND ALSO WE COULD HEAR HIS DIRECTIONS AND GUIDANCE TO THE --

TO THE RESCUE WORKERS WORKING ON HIM. THE 122ND DISTRICT STRADDLES A

NYS ASSEMBLY MAY 24, 2021

LONG LINE OF -- OF THE PENNSYLVANIA BORDER, AND WHEN THEY CALLED FOR AN

AIR MEDIVAC, JUST BY GRACE OF GOD, A PENNSYLVANIA HELICOPTER WAS

ALREADY IN THE AIR AND ROGERED UP AND TOOK THE -- TOOK THE CALL. HAD

THAT BEEN A NEW YORK STATE MEDICAL HELICOPTER, THINGS WOULD HAVE

TURNED OUT DIFFERENTLY. NEW YORK STATE, THE LAST STATE IN THE COUNTRY TO

ALLOW HELICOPTERS TO CARRY BLOOD.

AND IN THE HUMBLE STRENGTH OF TRAVIS FLANAGAN,

THERE'S NO REASON FOR ANYBODY IN THIS CHAMBER TO VOTE NO ON THIS AND I

WILL BE VOTING IN THE AFFIRMATIVE IN HIS HONOR. THANK YOU.

ACTING SPEAKER AUBRY: MR. ANGELINO IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A02573-A, RULES

REPORT NO. 84, FALL, DICKENS, WILLIAMS, SAYEGH, GOTTFRIED, O'DONNELL,

EPSTEIN, BARRON, PICHARDO. AN ACT TO AMEND THE SURROGATE'S COURT

PROCEDURE ACT, IN RELATION TO REMOVING THE PROHIBITION ON INDIVIDUALS

CONVICTED OF A FELONY THAT PREVENTS THEM FROM BEING APPOINTED

FIDUCIARY OF AN ESTATE.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A02633, RULES REPORT

NO. 85, THIELE. AN ACT TO AMEND THE TOWN LAW AND THE TAX LAW, IN

RELATION TO AUTHORIZING TOWNS IN THE PECONIC BAY REGION TO ESTABLISH

COMMUNITY HOUSING FUNDS TO BE FUNDED BY A SUPPLEMENTAL REAL ESTATE

NYS ASSEMBLY MAY 24, 2021

TRANSFER TAX.

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 2633. 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 NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THIS BILL WOULD

ALLOW CERTAIN MUNICIPALITIES TO CREATE A HOUSING FUND USING TAXPAYER

MONEY, AND THEN USE THAT MONEY TO GIVE GRANTS OR LOANS TO THOSE WHO

ARE ACQUIRING HOUSING OR BUILDING. AND A LOT OF CONCERN HAS BEEN

RAISED IN THE PAST ON A COUPLE OF DIFFERENT GROUNDS, INCLUDING THE FACT

THAT THIS LEGISLATION DOESN'T REQUIRE ANY PARTICULAR DETAILS AND/OR

DOCUMENTATION OR THE NORMAL THINGS THAT WE WOULD LOOK FOR TO AVOID

CONFLICTS OF INTEREST. IT WAS ALSO VETOED BY THE GOVERNOR, EXPRESSING

CONCERNS OVER CONSTITUTIONAL INFIRMITIES BECAUSE ARTICLE VIII, SECTION 1

OF THE NEW YORK STATE CONSTITUTION PROHIBITS TAXPAYER MONEY FROM

BEING USED AS A GIFT OR LOAN TO PRIVATE INDIVIDUALS WITH CERTAIN

EXCEPTIONS THAT WOULD NOT NORMALLY APPLY TO GIVING A GRANT TO A PERSON

WHO WANTS TO BUY OR BUILD THEIR OWN HOUSE THAT THEY WOULD THEN OWN

WITH NO OBLIGATION TO REFUND THE MONEY. THOSE WERE THE CONCERNS.

LAST TIME THIS BILL CAME UP THERE WERE 24 NO VOTES. BUT I RECOGNIZE AS

NYS ASSEMBLY MAY 24, 2021

WELL THAT THIS IS A BILL THAT'S CLOSE TO BEING A LOCAL BILL BECAUSE IT APPLIES

ONLY TO CERTAIN MUNICIPALITIES. AND THAT'S WHY I SUGGESTED A FAST ROLL

RECOGNIZING THE LOCAL IMPACT. BUT I WANTED TO EXPRESS CONCERNS THAT

MANY OF MY COLLEAGUES MAY HAVE OVER THOSE OTHER ISSUES. THANK YOU,

SIR.

I PERSONALLY WILL BE VOTING NO, BUT I CERTAINLY

UNDERSTAND THE LOCAL NATURE OF THIS AND NORMALLY I WOULD GIVE A LOT

MORE FLEXIBILITY TO LOCAL ISSUES. THANK YOU, SIR.

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

NEGATIVE.

MR. MONTESANO TO EXPLAIN HIS VOTE.

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

EXPLAIN MY VOTE. YOU KNOW, WHILE THE -- THE INTENT OF THE BILL IS

LAUDABLE TO PROVIDE, YOU KNOW, AFFORDABLE HOUSING FOR PEOPLE IN THIS --

IN THIS PARTICULAR REGION, YOU KNOW, ONCE AGAIN WE GO TO THE TAXPAYERS

IN THE REGION THAT HAVE BEEN TAXED ALREADY WITH ADDITIONAL TRANSFER

TAXES TO PAY FOR LAND PRESERVATION AND -- WHICH IS LAUDABLE ALSO IN THAT

PECONIC BAY REGION. SO THERE'S ALSO AN EXPENSIVE TAX WHEN YOU SELL A

PIECE OF PROPERTY, BUY A PIECE OF PROPERTY IN THAT AREA TO COVER THAT

EXPENSE, AND NOW WE'RE GOING TO PUT THIS ADDITIONAL TRANSFER TAX ON THE

PEOPLE. AND WHILE THAT IS A -- CONSIDERED TO BE A LOCAL TYPE OF BILL, I

BELIEVE THESE TYPES OF BILLS SET A PRECEDENT FOR OTHER JURISDICTIONS IN THE

STATE TO DO THE SAME THING. I DON'T THINK IT'S FAIR THAT WE TAX CERTAIN

GROUPS OF PEOPLE ADDITIONALLY WHEN THEY SELL THEIR HOUSE FOR THESE

TYPES OF PROJECTS. I THINK IT'S THE OBLIGATION OF LOCAL GOVERNMENT IN

NYS ASSEMBLY MAY 24, 2021

THEIR BUDGETING AND OUR STATE GOVERNMENT IN ITS BUDGETING PROCESS TO

PROVIDE GRANTS AND ASSISTANCE FOR PEOPLE TO ACQUIRE AFFORDABLE HOUSING

IN THESE REGIONS AND NOT GO TO THE INDEPENDENT TAXPAYERS. AND THE

GOVERNOR IN HIS VETO MESSAGE LAST TIME AROUND IN 2019 ALSO ALLUDED TO

THE FACT OF A -- A VIOLATION OF THE STATE CONSTITUTION IN THAT IT PROVIDES

THAT -- TOWNS TO PROVIDE DIRECT BENEFITS TO INDIVIDUALS. AND THAT -- THAT

WOULD BE A VIOLATION OF THE STATE'S CONSTITUTION.

SO, FOR THOSE REASONS, I'LL BE VOTING IN THE NEGATIVE.

THANK YOU.

ACTING SPEAKER AUBRY: MR. MONTESANO IN

THE NEGATIVE.

MR. TAGUE.

MR. TAGUE: THANK YOU, MR. SPEAKER. TO EXPLAIN

MY VOTE.

ACTING SPEAKER AUBRY: PLEASE, SIR.

MR. TAGUE: FOR THE SAME REASONS THAT MY TWO

ESTEEMED COLLEAGUES JUST BROUGHT UP, I, TOO, WILL BE VOTING IN THE

NEGATIVE ON THIS BILL. WE NEED TO STOP TAXING THE RESIDENTS OF THIS

STATE.

SO I WILL BE VOTING IN THE NEGATIVE AND ENCOURAGE MY

COLLEAGUES TO DO THE SAME. THANK YOU.

ACTING SPEAKER AUBRY: MR. TAGUE IN THE

NEGATIVE.

MR. MCDONOUGH.

MR. MCDONOUGH: THANK YOU, MR. SPEAKER. FOR

NYS ASSEMBLY MAY 24, 2021

THE REASONS JUST CITED BY MY COLLEAGUES, I WILL ALSO BE VOTING IN THE

NEGATIVE.

ACTING SPEAKER AUBRY: MR. MCDONOUGH IN

THE NEGATIVE.

MR. THIELE TO EXPLAIN HIS VOTE.

MR. THIELE: THANK YOU, MR. -- MR. SPEAKER. AND

I JUST WANT TO SPEAK IN FAVOR OF THIS BILL. OBVIOUSLY, I'M THE SPONSOR.

BUT TO POINT OUT THAT THE NEED FOR AFFORDABLE HOUSING IS DESPERATE IN A

LOT OF PLACES, AND EVEN MORE SO AFTER THE PANDEMIC WHERE THE -- THE

NEED FOR AFFORDABLE HOUSING IS GREATER THAN EVER. AND AS THERE'S BEEN

CHANGES IN DEMOGRAPHICS, PARTICULARLY ON THE EAST END, PRICES HAVE

BEEN DRIVEN UP AS -- AS PEOPLE HAVE FLED FROM OTHER AREAS TO -- TO BUY A

HOUSE ON THE EAST END OF LONG ISLAND. YES, THIS BILL DOES INCLUDE AN

EXTRA HALF-A-PERCENT WITH REGARD TO THE REAL ESTATE TRANSFER TAX.

HOWEVER, IT CAN ONLY BE IMPOSED SUBJECT TO MANDATORY REFERENDUM.

THE RESIDENTS OF THE COMMUNITIES THAT I REPRESENT HAVE TO VOTE TO TAX

THEMSELVES TO IMPLEMENT THIS PROGRAM. SO THIS IS NOT A CASE OF ALBANY

IMPOSING A TAX, THIS IS GIVING THE AUTHORITY TO THE PUBLIC TO DECIDE

WHETHER OR NOT, FOR THE BASIS OF PROVIDING AFFORDABLE HOUSING, THEY

WANT TO IMPOSE THIS ADDITIONAL TAX.

AND JUST ONE LAST POINT WITH REGARD TO THE

CONSTITUTIONALITY. YOU KNOW, WE'VE CERTAINLY SPOKEN WITH THE

GOVERNOR'S OFFICE SINCE THE VETO. THERE ARE A NUMBER OF CASES AND

OPINIONS THAT RECOGNIZE AFFORDABLE HOUSING AS A LEGITIMATE PUBLIC

PURPOSE. THIS IS NOT A CASE OF -- OF -- BY PROVIDING HOUSING ASSISTANCE

NYS ASSEMBLY MAY 24, 2021

THE -- AND PROVIDING HOUSING ASSISTANCE THAT SOMEHOW THIS IS AN

UNCONSTITUTIONAL GIFT OR PAYMENT TO -- TO THE PRIVATE SECTOR. THIS IS

ABOUT PROVIDING A PUBLIC NEED, AND THAT'S AFFORDABLE HOUSING. AND MY

CONSTITUENTS WANT THE OPPORTUNITY TO BE ABLE TO VOTE YES OR NO ON THIS

AND THIS BILL WILL GIVE THEM THE OPPORTUNITY TO DO THAT.

I WITHDRAW MY REQUEST AND VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. THIELE IN THE

AFFIRMATIVE.

MR. FITZPATRICK TO EXPLAIN HIS VOTE.

MR. FITZPATRICK: THANK YOU, MR. SPEAKER.

WHAT -- WHAT WE ARE PASSING HERE IS ENABLING LEGISLATION. ANYBODY

WHO KNOWS ME KNOWS I AM NOT IN FAVOR OF INCREASING TAXES, BUT THE

EAST END OF LONG ISLAND IS A VERY UNIQUE AREA. IT'S A VERY BEAUTIFUL

AREA. AND IT IS AN AREA WHERE YOUNG PEOPLE AND PEOPLE OF MODERATE

MEANS ARE FINDING IT ALMOST IMPOSSIBLE TO FIND HOUSING THAT IS

AFFORDABLE. THIS IS AN OPPORTUNITY FOR A REFERENDUM, A MANDATORY

REFERENDUM FOR THE VOTERS OF THE EAST END TO MAKE THAT DECISION IF THEY

WOULD LIKE TO OFFER ASSISTANCE TO YOUNGER BUYERS SO THAT WE CAN

BALANCE OUT THE HOUSING MARKET OUT ON THE -- ON THE BEAUTIFUL EAST END

OF LONG ISLAND.

SO, I AM HAPPY TO SUPPORT THIS. THIS IS NOT A TAX

WHICH WE WOULD NORMALLY BE OPPOSED TO, THIS IS REALLY ENABLING

LEGISLATION ALLOWING VOTERS ON THE EAST END TO TAX THEMSELVES TO COME

TO A SOLUTION TO A VERY, VERY SERIOUS PROBLEM. I APPLAUD THE SPONSOR

AND URGE MY COLLEAGUES TO PLEASE CONSIDER SUPPORTING THIS. THANK YOU,

NYS ASSEMBLY MAY 24, 2021

MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. FITZPATRICK IN THE

AFFIRMATIVE.

MS. GIGLIO.

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

MY VOTE?

ACTING SPEAKER AUBRY: PLEASE.

MS. GIGLIO: SO, MR. THIELE -- ASSEMBLY -- OH, I'M

NOT SUPPOSED TO SAY HIS NAME -- BUT THE TWO SPONSORS IN THE ASSEMBLY

AND THE SENATE ARE BOTH IN MY DISTRICT, AND AFFORDABLE HOUSING IS A

SIGNIFICANT PROBLEM. AS A MATTER OF FACT, THE HOUSING MARKET HAS

INCREASED TREMENDOUSLY WHERE PEOPLE ARE NOW OCCUPYING FULL-TIME

THEIR SUMMER HOMES AND TURNING THEM INTO FULL-TIME RESIDENCES WHERE

RENTAL OPPORTUNITIES DON'T EVEN EXIST. THE RENTAL PRICES FOR HOMES HAVE

GONE UP SUBSTANTIALLY WHERE WE'RE LOSING OUR YOUNGER GENERATION.

WE'RE GOING TO BE LOSING OUR FIREFIGHTERS, OUR VOLUNTEERS, OUR

AMBULANCE VOLUNTEERS IF WE DON'T PROVIDE AFFORDABLE HOUSING.

SO, I FULLY SUPPORT THIS GOING FOR A REFERENDUM AND

LETTING THE VOTERS DECIDE IF THIS IS A WORTHY CAUSE. AND I WILL BE VOTING

IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU. MS.

GIGLIO IN THE AFFIRMATIVE.

ARE THERE ANY OTHER VOTES?

MR. GOODELL.

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

NYS ASSEMBLY MAY 24, 2021

FOLLOWING ASSEMBLYMEMBERS IN THE NEGATIVE: MR. BROWN, MR. BYRNE,

MR. DIPIETRO, MR. FRIEND, MR. MILLER, AND OF COURSE THOSE WHO HAVE

VOTED ON THE FLOOR.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: SO NOTED. SO NOTED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU

WOULD PLEASE RECORD OUR COLLEAGUES MS. LUNSFORD, MR. SANTABARBARA,

MR. RAMOS, MS. BARRETT, MR. BURKE AND MS. BUTTENSCHON IN THE

NEGATIVE ON THIS ONE.

ACTING SPEAKER AUBRY: SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A03466, RULES REPORT

NO. 87, MCDONALD, GALEF, DICKENS. AN ACT TO AMEND THE INSURANCE

LAW, IN RELATION TO AUTHORIZING THE SUPERINTENDENT OF FINANCIAL

SERVICES TO AUTHORIZE THE RETURN OF SUBSCRIBING MEMBER OPERATING

RESERVE BALANCES TO MEMBERS OF A MUNICIPAL INSURANCE RECIPROCAL.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

NYS ASSEMBLY MAY 24, 2021

RECORD THE VOTE ON SENATE PRINT 4112. THIS IS A FAST ROLL CALL. ANY

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A03523-A, RULES

REPORT NO. 88, PEOPLES-STOKES, SOLAGES, GUNTHER, M. MILLER, THIELE,

BYRNE, SANTABARBARA, ABINANTI, WALSH, STIRPE, BARCLAY, ZEBROWSKI,

SCHMITT, WALLACE, GOTTFRIED, DIPIETRO, JACOBSON, PICHARDO, DICKENS,

COLTON, NIOU, MCMAHON, PAULIN, DINOWITZ, CLARK, EICHENSTEIN,

LUNSFORD, WALCZYK, SIMON, BURDICK, ROZIC, RA, FRONTUS. AN ACT TO

AMEND THE EDUCATION LAW, IN RELATION TO APPLIED BEHAVIOR ANALYSIS.

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 3523-A. THIS IS A FAST ROLL CALL.

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MS. WALSH TO EXPLAIN HER VOTE.

MS. WALSH: THANK YOU, MR. SPEAKER. JUST TO -- TO

NYS ASSEMBLY MAY 24, 2021

EXPLAIN MY VOTE. I'M VERY HAPPY TO BE A COSPONSOR OF THIS BILL. I REALLY

WANT TO THANK THE SPONSOR FOR BRINGING IT FORWARD. THIS IS SOMETHING

THAT'S VERY IMPORTANT NOT JUST WITHIN THE AUTISM COMMUNITY, BUT I FIRST

LEARNED ABOUT ABA OR APPLIED BEHAVIORAL ANALYSIS WHEN MY SON

TERRY BEGAN RECEIVING TREATMENT WHEN HE WAS JUST A LITTLE GUY, MAYBE

THREE-AND-A-HALF. WE KNOW THAT EARLY INTERVENTION CAN REALLY CHANGE

AND TURN AROUND THE LIVES OF THE KIDS WHO WERE FORTUNATE ENOUGH TO GET

IT. THIS BILL BASICALLY SAYS THAT ABA, THIS TECHNIQUE IS SOMETHING THAT

CAN BE USED BEYOND AUTISM TO REALLY ASSIST OTHERS WHO MAY BENEFIT,

INCLUDING ONE -- ONE GROUP THAT I KNOW HAS HAD ABA AND HAS

BENEFITTED FROM IT ARE THOSE WITH -- WITH DOWN SYNDROME. BUT I FIND

THAT I USE ABA WITH A LOT OF JUST PEOPLE THAT I MEET BECAUSE IT'S A VERY

DIRECTIVE WAY OF TRYING TO GET -- TO REACH AND CONNECT WITH PEOPLE.

AND I REALLY COMMEND THE SPONSOR. I THINK THAT THIS IS -- THIS MAKES A

LOT OF SENSE AND I KNOW THAT IT'S SOMETHING THAT THE -- THE PEOPLE IN MY

DISTRICT THAT ARE PROVIDING IT REALLY WANT TO BE ABLE TO USE IT WITH OTHER

CHILDREN AND PEOPLE WHO COULD -- WHO COULD, YOU KNOW, USE THE

THERAPY.

SO, I'M HAPPY TO SUPPORT THIS. THANK YOU.

ACTING SPEAKER AUBRY: MS. WALSH IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A03807, RULES REPORT

NYS ASSEMBLY MAY 24, 2021

NO. 89, CYMBROWITZ, OTIS, RODRIGUEZ, SIMON. AN ACT TO AMEND THE

PUBLIC HOUSING LAW, IN RELATION TO AN AFFORDABLE HOUSING FIVE-YEAR

CAPITAL PLAN.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 365TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY PRINT 3807. THIS IS A FAST ROLL CALL. ANY

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A03994, RULES REPORT

NO. 91, CUSICK, THIELE. AN ACT TO AMEND THE INSURANCE LAW, IN

RELATION TO REMOVING THE BONDING REQUIREMENT FOR INDEPENDENT

ADJUSTERS.

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 3994. 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

NYS ASSEMBLY MAY 24, 2021

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A04216, RULES REPORT

NO. 92, THIELE. AN ACT IN RELATION TO THE ENFORCEMENT OF THE VILLAGE OF

SAGAPONACK OF INTERESTS IN REAL PROPERTY ACQUIRED FOR THE PURPOSES OF

OPEN SPACE OR OPEN AREAS.

ACTING SPEAKER AUBRY: HOME RULE MESSAGE

IS AT THE DESK. READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY PRINT A.4216. THIS IS A FAST ROLL CALL.

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A04408, RULES REPORT

NO. 93, PRETLOW. AN ACT TO AMEND THE RACING, PARI-MUTUEL WAGERING

AND BREEDING LAW, IN RELATION TO CERTAIN PAYMENTS TO THE HORSEMEN'S

ORGANIZATION.

NYS ASSEMBLY MAY 24, 2021

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 5723. THIS IS A FAST ROLL CALL. ANY

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

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A06258-A, RULES

REPORT NO. 95, MAGNARELLI, HUNTER. AN ACT TO AMEND PART A-4 OF

CHAPTER 58 OF THE LAWS OF 2006, ENACTING THE "CITY OF SYRACUSE AND

THE BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF

SYRACUSE COOPERATIVE SCHOOL RECONSTRUCTION ACT", IN RELATION TO

CONSTRUCTION AND DESIGN CONTRACTS ENTERED INTO BY THE JSC BOARD; AND

TO AMEND THE EDUCATION LAW, IN RELATION TO THE COMPUTATION OF

BUILDING AID FOR RECONSTRUCTION OR MODERNIZING OF NO MORE THAN THREE

PROJECTS FOR THE THIRD PHASE OF THE CITY OF SYRACUSE COOPERATIVE SCHOOL

RECONSTRUCTION ACT.

ACTING SPEAKER AUBRY: ON A -- READ THE LAST

NYS ASSEMBLY MAY 24, 2021

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY PRINT 6258-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 TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU, SIR. ONCE AGAIN, TODAY

WE'RE PASSING LEGISLATION THAT SAYS THAT PRIVATE CONTRACTORS CANNOT EVEN

APPLY OR SUBMIT A BID OR DO WORK ON A SCHOOL CONSTRUCTION PROJECT

UNLESS THEY'RE UNION. AND WHILE I CERTAINLY APPRECIATE ALL MY BRETHREN

WHO ARE UNION MEMBERS AND THE PHENOMENAL WORK THEY DO, I ALSO

BELIEVE THAT WE SHOULD FOSTER OPEN COMPETITION WHETHER YOU'RE UNION

OR NONUNION AS LONG AS YOU ARE BOTH PAYING PREVAILING WAGES. AND FOR

THAT REASON I AND SEVERAL OF MY COLLEAGUES WILL BE OPPOSING THIS BILL,

EVEN THOUGH IT RELATES ONLY TO THE SYRACUSE SCHOOL CONSTRUCTION

PROJECTS.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

NEGATIVE.

MR. TAGUE TO EXPLAIN HIS VOTE.

MR. TAGUE: THANK YOU, MR. SPEAKER. AGAIN,

ECHOING THE WORDS OF MY COLLEAGUE BECAUSE OF THE PLA MANDATE ON

NYS ASSEMBLY MAY 24, 2021

THIS PROJECT AND ALLOWING AN UNFAIR PLAYING FIELD FOR OPEN SHOP

COMPETITORS, I AM A BIG NEGATIVE ON THIS AND ENCOURAGE ALL MY

COLLEAGUES TO BE THE SAME OUT OF FAIRNESS. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU. MR.

TAGUE IN THE NEGATIVE.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. IN ADDITION TO THE

NEGATIVE VOTES ON THE FLOOR, PLEASE RECORD THE FOLLOWING IN THE

NEGATIVE: MS. BYRNES, MR. DIPIETRO, MR. FITZPATRICK AND MR. FRIEND.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, IF WE

COULD NOW CONTINUE OUR WORK BY GOING TO OUR DEBATE LIST, WE'RE GOING

TO TAKE UP THREE BILLS FROM THAT. WE'RE GOING TO START WITH CALENDAR NO.

342, ASSEMBLY BILL 711 BY MS. WALLACE. AND THEN GO TO CALENDAR NO.

179, ASSEMBLY BILL 1423 BY MR. DINOWITZ. AND FOLLOW THAT BY

CALENDAR NO. 292, ASSEMBLY BILL 1524 BY MS. REYES.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THANK YOU.

THE CLERK: ASSEMBLY NO. A00711, CALENDAR NO.

342, WALLACE. AN ACT TO AMEND THE GENERAL BUSINESS LAW, IN RELATION

TO REQUIRING THAT A HOMEOWNER BE PROVIDED A COST ESTIMATE FOR

NYS ASSEMBLY MAY 24, 2021

INSTALLATION OF A FIRE SPRINKLER SYSTEM.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU, SIR.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

ON A MOTION BY -- EXCUSE ME ONE MINUTE. ON A

MOTION BY MS. WALLACE, THE SENATE BILL IS BEFORE THE HOUSE. THE

SENATE BILL IS ADVANCED.

MR. GOODELL ON THE BILL.

MR. GOODELL: THANK YOU, SIR. UNDER CURRENT LAW,

WHEN A CONTRACTOR IS BUILDING A NEW HOME THE CONTRACTOR IS REQUIRED TO

PROVIDE THE HOMEOWNER WITH INFORMATION ABOUT THE AVAILABILITY AND THE

WISDOM OF INSTALLING A SPRINKLER SYSTEM AS PART OF THE NEW

CONSTRUCTION. AND THAT'S BEEN A REQUIREMENT SINCE 2013. SO IT'S BEEN

THE LAST EIGHT YEARS. THIS BILL WOULD GO ONE STEP FURTHER AND REQUIRE THE

CONTRACTOR, EVEN BEFORE THE CONTRACTOR HAS A CONTRACT TO BUILD THE

HOUSE, TO OBTAIN AN ESTIMATE OF THE ACTUAL COST OF INSTALLING A SPRINKLER

SYSTEM. AND UNFORTUNATELY, THIS CREATES A PROBLEM BECAUSE WE'RE

ASKING CONTRACTORS TO GO THROUGH THE TROUBLE AND EFFORT OF DEVELOPING A

BID SPECIFICATION AND AN ESTIMATE FOR A SPRINKLER SYSTEM WHEN THE

OWNER HAS EXPRESSED NO INTEREST WHATSOEVER IN ACTUALLY INSTALLING A

SPRINKLER SYSTEM. SO UNDER LAW CURRENT IF THE OWNER SAYS, YEAH, I'M

INTERESTED, THEY GO AHEAD AND PREPARE THE BID. UNDER THIS LAW, EVEN IF

THE OWNER SAYS, I DON'T CARE. I DON'T WANT IT, THIS LAW REQUIRES THE

CONTRACTOR TO OBTAIN A WRITTEN ESTIMATE OF THE COST OF THE SPRINKLER

NYS ASSEMBLY MAY 24, 2021

SYSTEM. AND THE CONTRACTOR HAS TO OBTAIN THAT ESTIMATE EVEN BEFORE THE

CONTRACTOR HAS A CONTRACT TO BUILD THE HOUSE. SO IF YOU'RE A HOMEOWNER

AND YOU'VE ASKED FOR BIDS FROM TWO OR THREE DIFFERENT CONTRACTORS, EACH

ONE OF THEM HAS TO GET AN ESTIMATE TO INSTALL A SPRINKLER SYSTEM EVEN

THOUGH THEY KNOW THAT IF YOU'VE GOT FOUR CONTRACTORS MAYBE ONLY ONE

OF THEM WILL GET THE BID. I DISCUSSED THIS ISSUE WITH OUR LOCAL SPRINKLER

CONTRACTORS, AND THEY ADVISED ME THAT ON AVERAGE IT TAKES THEM ABOUT

FOUR HOURS TO PREPARE THIS TYPE OF BID. AND IF THEY KNOW THE OWNER IS

SERIOUS ABOUT MOVING FORWARD, THEY SIMPLY TAKE THAT COST OF PREPARING

THE BID AND ROLL IT INTO THE OVERALL COST OF THE PROJECT. BUT THEY'RE PRETTY

CLEAR AS WELL THAT IF THE OWNER IS NOT INTERESTED, IF IT'S AN IDLE INQUIRY,

THEY BILL FOR THAT ESTIMATE. AND THE COST IN MY DISTRICT - WHICH IS A

FRACTION OF THE COST IN MANY OTHER DISTRICTS - THE COST IN MY DISTRICT IS

RUNNING ABOUT $500. SO WHAT WE'RE SAYING TO HOMEOWNERS IS, WE'VE

GIVEN YOU ALL THE INFORMATION, NOW WE'RE GOING TO FORCE SOMEONE TO DO

$500 WORTH OF WORK WITHOUT EVEN ASKING YOU WHETHER OR NOT YOU WANT

IT, AND WE'RE ASKING CONTRACTORS TO GET THE INFORMATION THAT THE

HOMEOWNER ISN'T ASKING FOR, IS NOT ASKING FOR, EVEN BEFORE THE

CONTRACTOR HAS A CONTRACT. SO, IT'S A GOOD IDEA GONE TOO FAR. THE

CURRENT SYSTEM IS THE RIGHT APPROACH AND IT'S ONE WE SHOULD STAY WITH.

FOR THAT REASON, I'LL BE OPPOSING IT AND RECOMMENDING

THAT MY COLLEAGUES ALSO OPPOSE IT. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU, MR.

GOODELL.

READ THE LAST SECTION.

NYS ASSEMBLY MAY 24, 2021

THE CLERK: THIS ACT SHALL TAKE EFFECT SEPTEMBER

1ST.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE PRINT 1383. THIS IS A PARTY VOTE. ANY

MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THEIR

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. HOWEVER, THOSE WHO WANT TO

SUPPORT IT SHOULD CONTACT THE MINORITY LEADER'S OFFICE OR VOTE ON THE

FLOOR SO THAT WE KNOW WHAT YOUR POSITION IS.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THE DEMOCRATIC

CONFERENCE WILL BE GENERALLY IN FAVOR OF THIS ONE IN SUPPORT OF

HOMEOWNERS HAVING PROPER BIDS. THOSE WHO FEEL THE NEED TO BE AN

EXCEPTION SHOULD FEEL FREE TO CONTACT THE MAJORITY LEADER'S OFFICE AND

YOUR VOTE WILL BE PROPERLY RECORDED.

ACTING SPEAKER AUBRY: THANK YOU BOTH.

(THE CLERK RECORDED THE VOTE.)

MS. WALLACE TO EXPLAIN HER VOTE.

MS. WALLACE: THANK YOU, MR. SPEAKER. SO, AS

HAS BEEN SAID, THIS LEGISLATION REQUIRES A BUILDER OF ANY NEW ONE- AND

TWO-BEDROOM FAMILY HOME TO PROVIDE AN ESTIMATE OF AN AUTOMATIC

NYS ASSEMBLY MAY 24, 2021

SPRINKLER SYSTEM. A SPRINKLER SYSTEM CONTROLS A FIRE 90 PERCENT OF THE

TIME AND IS THE SINGLE-MOST EFFECTIVE WAY TO CONTROL A FIRE IN THE BEGIN

-- WHEN IT FIRST STARTS. THERE -- IT'S -- IT COSTS ON AVERAGE ONLY ABOUT

$2,000 IN DAMAGE WHEN A FIRE HAS A SPRINKLER SYSTEM, WHEN THEIR HOME

HAS A SPRINKLER SYSTEM, VERSUS ABOUT $45,000 IN DAMAGE WITHOUT ONE,

AND DECREASES THE RISK OF DEATH FROM THE FIRE 80 PERCENT OF THE TIME

WHEN THERE'S A FIRE SPRINKLER.

SO THIS BILL IS GOING TO SAVE FAMILIES AND IT WILL SAVE

THE LIVES OF FIRST RESPONDERS AND, THEREFORE, I VOTE IN THE AFFIRMATIVE AND

I THANK MY COLLEAGUES FOR SUPPORTING THIS LEGISLATION.

ACTING SPEAKER AUBRY: MS. WALLACE IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 15, CALENDAR NO. 174, THE CLERK WILL READ.

ONE MINUTE.

THE CLERK: ASSEMBLY NO. A01423-B, CALENDAR

NO. 179, DINOWITZ, QUART, SEAWRIGHT, WALKER, BARRON. AN ACT IN

RELATION TO ENACTING THE "PANDEMIC SELF-STORAGE ACT"; AND PROVIDING

FOR THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION THEREOF.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED -- NO. ALL RIGHT. SO WE HAVE A -- HOLD ONE MINUTE, PLEASE.

LET'S DO THAT AGAIN. PAGE 15, CALENDAR NO. 179, THE

NYS ASSEMBLY MAY 24, 2021

CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A01423-B, CALENDAR

NO. 179, DINOWITZ, QUART, SEAWRIGHT, WALKER, BARRON. AN ACT IN

RELATION TO ENACTING THE "PANDEMIC SELF-STORAGE ACT"; AND PROVIDING

FOR THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION THEREOF.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. WOULD THE

SPONSOR YIELD?

ACTING SPEAKER AUBRY: MR. DINOWITZ, WILL

YOU YIELD?

MR. DINOWITZ: YES.

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

UNDERSTAND IT, THIS BILL WOULD IMPOSE A MORATORIUM ON ANY SELF-STORAGE

FACILITY FROM ENFORCING ANY LIEN FOR UNPAID STORAGE CHARGES THROUGH

AUGUST 31ST OF THIS YEAR, CORRECT?

MR. DINOWITZ: YES, THAT'S CORRECT.

MR. GOODELL: DOES THIS BILL REQUIRE ANY

CERTIFICATION BY THE STORAGE UNIT RENTER OF ANY HARDSHIP?

MR. DINOWITZ: THIS BILL DOES NOT DO THAT.

MR. GOODELL: DOES THIS BILL PROHIBIT THE STORAGE

FACILITY FROM ACTUALLY EVICTING THE UNIT? THAT IS, CLEANING IT OUT AND

PUTTING THE PERSONAL PROPERTY ON -- ON THE CURB, WHICH OF COURSE AS YOU

KNOW, IS THEIR RIGHT IRRESPECTIVE OF A LIEN FORECLOSURE.

MR. DINOWITZ: THE BILL PROHIBITS THE SELF-STORAGE

FACILITY FROM ENFORCING A LIEN. THE PURPOSE IS TO PREVENT THE

NYS ASSEMBLY MAY 24, 2021

SELF-STORAGE FACILITY, MOST OF WHOM I THINK TEND TO DO THE RIGHT THING,

BY THE WAY, IN MOST CASES, TO PREVENT THEM FROM BASICALLY GETTING RID OF

PEOPLE'S PROPERTY. BECAUSE YOU'VE GOT TO KEEP IN MIND THAT WHILE IT'S

TRUE SOME PEOPLE USE SELF-STORAGE FACILITIES BECAUSE THEY'RE HOARDERS,

SOME DO IT BECAUSE THEY NEED MORE SPACE. SOME PEOPLE HAVE THEIR

POSSESSIONS IN A SELF-STORAGE FACILITY BECAUSE THEY LOST THEIR HOME. SO

CAN YOU IMAGINE LOSING YOUR HOME, YOU'RE FORCED TO PUT YOUR STUFF IN A

SELF-STORAGE FACILITY AND THEN YOU LOSE EVERYTHING ELSE? SO, THIS IS SORT

OF A TEMPORARY STOP-GAP MEASURE TO PREVENT THAT FROM HAPPENING.

MR. GOODELL: I APPRECIATE THAT. IS THERE ANY

REQUIREMENT UNDER THIS THAT THE INDIVIDUAL ASSERT THAT THEY HAVE LOST

THEIR HOME?

MR. DINOWITZ: NOT IN THIS BILL, ALTHOUGH THAT'S

SOMETHING THAT WE'RE CONSIDERING.

MR. GOODELL: I SEE. AND THIS BILL --

MR. DINOWITZ: WELL, SOMETHING THAT -- THE

POSSIBILITY OF -- OF, LET'S SAY, A HARDSHIP DECLARATION SIMILAR TO WHAT WE

PROVIDED FOR IN -- IN THE EVICTION MORATORIUM. WE'VE TALKED ABOUT THAT

AND MAY, YOU KNOW, MAY LOOK AT THAT. BUT THIS BILL DOES NOT ACTUALLY

DO THAT.

MR. GOODELL: I APPRECIATE YOUR COMMENT JUST A

MOMENT AGO WHEN YOU SAID THAT THE VAST MAJORITY OF SELF-STORAGE UNITS

OR FACILITIES ARE WORKING CLOSELY WITH THEIR CUSTOMERS ALREADY.

MR. DINOWITZ: I -- I DON'T DOUBT THAT FOR A SECOND.

BUT NOT ALL.

NYS ASSEMBLY MAY 24, 2021

MR. GOODELL: AND I SEE, FOR EXAMPLE, THE NEW

YORK SELF-STORAGE ASSOCIATION ITSELF REPRESENTING -- A LOT OF THE MAJOR

SELF-STORAGE FACILITIES HAVE ALL MADE A COMMITMENT TO WORK WITH ANY

PANDEMIC-RELATED FINANCIAL HARDSHIP CUSTOMERS. THEY'RE NOT SAYING

EVERYONE GETS TO STORE THEIR STUFF FOR FREE UNTIL AUGUST 31ST, BUT THEY'VE

MADE A COMMITMENT TO WORK WITH THOSE WHO ARE SUFFERING A FINANCIAL

HARDSHIP. BUT THIS BILL ISN'T LIMITED TO THOSE WITH FINANCIAL HARDSHIP, IT

APPLIES TO EVERY SINGLE PERSON, CORRECT?

MR. DINOWITZ: THE -- THE BILL ITSELF DOESN'T TALK OF

FINANCIAL HARDSHIP.

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

APPRECIATE YOUR COMMENTS.

MR. DINOWITZ: YOU'RE VERY WELCOME.

MR. GOODELL: ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: WE'VE GONE THROUGH EXTENSIVE

LENGTHS IN THIS LEGISLATURE TO HELP THOSE WHO ARE SUFFERING A FINANCIAL

HARDSHIP AS A RESULT OF COVID. AND THIS TAKES IT ONE STEP FURTHER.

AND AS THE SPONSOR ACKNOWLEDGED, THE VAST MAJORITY OF SELF-STORAGE

UNITS ARE MORE THAN WILLING TO WORK WITH A CUSTOMER THAT IS FACING

FINANCIAL HARDSHIP, BUT THIS BILL IS NOT LIMITED TO THOSE CUSTOMERS. THIS

BILL PREVENTS ANY FORECLOSURE ON A SELF-STORAGE UNIT REGARDLESS OF

WHETHER THE INDIVIDUAL WAS AFFECTED BY THE PANDEMIC OR REGARDLESS OF

WHETHER THEY MIGHT HAVE LOST THEIR HOUSE OR BE FACING A -- WELL, THEY

NYS ASSEMBLY MAY 24, 2021

WOULDN'T BE FACING A RENTAL EVICTION, WOULD THEY, BECAUSE WE'VE

SUSPENDED THAT -- AND THEY WOULDN'T BE FACING A MORTGAGE EVICTION

BECAUSE THEY'VE SUSPENDED THAT. SO THE ONLY WAY THEY'D BE FACING A --

A LOSS OF HOUSING AND HOMELESSNESS IS IF THEY WERE DESTROYING THEIR

HOME BECAUSE THAT'S ONE OF THE FEW EXCEPTIONS, AND THAT ASSUMES THAT

THEY WOULD BE ABLE TO GET INTO COURT AND THE COURTS ARE FACING A

MILLION-CASE BACKLOG. SO WHAT WE'RE BASICALLY SAYING WITH THIS BILL IS,

HEY, WE DON'T CARE WHO YOU ARE OR WHAT YOUR CIRCUMSTANCES ARE. WE

DON'T CARE THAT WE'VE LIFTED ALL THE MASK MANDATES. WE DON'T CARE THAT

EMPLOYERS ARE SEEKING HELP EVERYWHERE WITHOUT SUCCESS. WE DON'T

EVEN CARE WHETHER YOU NEED IT. YOU GET TO STORE YOUR STUFF FOR FREE AT A

STORE-SELF STORAGE FACILITY THROUGH THE END OF AUGUST. IT GOES WAY TOO

FAR, IT'S INAPPROPRIATE AND IT'S NOT NECESSARY.

FOR ALL THOSE REASONS, I WILL BE VOTING AGAINST IT AND

RECOMMEND THAT MY COLLEAGUES ALSO OPPOSE IT. THANK YOU, SIR.

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 1423-B. THIS IS A PARTY VOTE. ANY

MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THEIR

CONFERENCE POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY

LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.

MS. WALSH.

MS. WALSH: THANK YOU, MR. SPEAKER. OUR

CONFERENCE -- THE REPUBLICAN CONFERENCE WILL BE GENERALLY IN THE

NYS ASSEMBLY MAY 24, 2021

NEGATIVE ON THIS VOTE. IF ANYBODY WISHES TO VOTE IN THE AFFIRMATIVE,

THEY SHOULD CONTACT THE LEADER'S OFFICE SO THAT THEIR VOTE CAN BE

PROPERLY RECORDED.

THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, THE

MAJORITY COLLEAGUES WILL GENERALLY BE IN THE AFFIRMATIVE ON THIS ONE.

HOWEVER, THERE SHOULD BE SOME FOLKS WHO WILL NOT (INAUDIBLE). IF THEY

ARE, THEY SHOULD FEEL FREE TO CONTACT THEIR OFFICE AND WE'LL BE HAPPY TO

RECORD THEIR VOTE PROPERLY.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER AUBRY: THANK YOU, MRS.

PEOPLES-STOKES. THANK YOU, MS. WALSH.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. IF YOU COULD RECORD OUR COLLEAGUES MR. SANTABARBARA, MR.

MCDONALD, MR. SAYEGH AND MRS. GUNTHER IN THE NEGATIVE ON THIS ONE.

ACTING SPEAKER AUBRY: SO NOTED.

MRS. PEOPLES-STOKES: AND MS. FAHY AS WELL.

ACTING SPEAKER AUBRY: THANK YOU VERY

MUCH.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

NYS ASSEMBLY MAY 24, 2021

PAGE 21, CALENDAR NO. 292, THE CLERK WILL READ.

THE CLERK: SENATE NO. S00064, CALENDAR NO.

292, SENATOR PERSAUD (A01524, REYES, EPSTEIN, GOTTFRIED,

D. ROSENTHAL, L. ROSENTHAL, AUBRY, SIMON, O'DONNELL, JOYNER,

JEAN-PIERRE, MONTESANO, STIRPE, BARRON, COOK, TAYLOR, WILLIAMS, CRUZ,

ABBATE, WOERNER, NIOU, HUNTER, JACOBSON, LAVINE, DICKENS, DINOWITZ,

COLTON, HEVESI, LUPARDO, SEAWRIGHT, ANDERSON, GRIFFIN, SILLITTI,

EICHENSTEIN, FERNANDEZ, GALLAGHER, OTIS, JACKSON, ENGLEBRIGHT,

DARLING, ZINERMAN, BARNWELL, NOLAN, RAJKUMAR, MAMDANI, LUNSFORD,

RODRIGUEZ, FORREST, THIELE, RAMOS, RICHARDSON, DAVILA,

GONZ�LEZ-ROJAS). AN ACT TO AMEND THE SOCIAL SERVICES LAW, IN

RELATION TO ESTABLISHING A STATEWIDE RESTAURANT MEALS PROGRAM AS PART OF

THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MS. REYES.

MS. REYES: THANK YOU, MR. SPEAKER. THIS BILL

WOULD REQUIRE THE OFFICE OF TEMPORARY DISABILITY ASSISTANCE TO

ESTABLISH A STATEWIDE RESTAURANT MEALS PROGRAM AS PART OF SNAP.

CURRENTLY, STATE PARTICIPATION IN THIS PROGRAM IS VOLUNTARY. AS PART OF

THE PROGRAM, SNAP HOUSEHOLDS WITH -- WITH ELDERLY DISABLED

INDIVIDUALS AND THEIR SPOUSES OR HOMELESS INDIVIDUALS AS DEFINED UNDER

FEDERAL LAW CAN REDEEM THEIR SNAP BENEFITS IN ACCORDANCE WITH

FEDERAL REQUIREMENTS AT PRIVATE ESTABLISHMENTS THAT CONTRACT WITH

OTDA FOR MEALS AT CONCESSIONAL PRICES SUBJECT TO FEDERAL REGULATION.

ACTING SPEAKER AUBRY: MR. WALCZYK.

NYS ASSEMBLY MAY 24, 2021

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

THE SPONSOR BE SO KIND AS TO YIELD?

ACTING SPEAKER AUBRY: MS. REYES, WILL YOU

YIELD?

MS. REYES: YES, I DO.

MR. WALCZYK: I APPRECIATE THE OPPORTUNITY TO

SPEAK WITH YOU THROUGH THE SPEAKER ONCE AGAIN ON -- ON THIS PIECE OF

LEGISLATION, AND -- AND ESPECIALLY COMING FROM YOUR AREA OF EXPERTISE.

IF YOU WOULD SHARE WITH THE BODY, WHAT WAS THE NUMBER ONE

COMORBIDITY AND CONTINUES TO BE DURING THE COVID-19 CRISIS?

MS. REYES: CARDIOVASCULAR DISEASES, RESPIRATORY

DISEASES.

MR. WALCZYK: OKAY. THANK YOU. WHAT

RESTAURANTS WILL QUALIFY UNDER THIS -- FOR ANY OF THE PROVISIONS IN -- IN

THIS LEGISLATION?

MS. REYES: WELL, WE DON'T SPECIFY IN THE LANGUAGE

WHICH RESTAURANTS, BUT THEY WOULD HAVE TO CONTRACT WITH OTDA TO DO

THAT. AND I -- I'M GUESSING WHERE YOU'RE GOING WITH THIS QUESTION

BECAUSE WE'VE HAD THIS CONVERSATION IN THE PAST. IT'S NOT GOING TO

INCLUDE FAST FOOD RESTAURANTS, SO IT'S NOT GOING TO BE MCDONALD'S FOR

YOUR SNAP BENEFITS THAT THEY'RE GOING TO BE ABLE TO ACCESS.

MR. WALCZYK: WILL THIS -- AND THANK YOU. MR.

SPEAKER, THROUGH YOU, WILL THIS LEGISLATION -- AND I -- AND I APPRECIATE

THE SENTIMENT -- WILL IT SPECIFICALLY PRECLUDE FAST FOOD RESTAURANTS?

MS. REYES: NO, IT DOESN'T -- IT DOESN'T PRECLUDE OR

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NYS ASSEMBLY MAY 24, 2021

INCLUDE ANY RESTAURANTS, BUT THAT'S UP TO THE OFFICE OF TEMPORARY --

TEMPORARY DISABILITY ASSISTANCE TO DETERMINE WHICH RESTAURANTS WILL

BE IN THEIR PROGRAM.

MR. WALCZYK: ARE THERE -- ARE THERE ANY

PROVISIONS WITHIN THIS LEGISLATION THAT I COULD -- I COULD ADDRESS OR -- OR

LOOK AT THAT WOULD TELL ME OR THIS BODY THAT THERE'S MORE OF A PUSH TO

SUPPORT MOM AND POP RESTAURANTS, NON-FRANCHISE, LOCAL RESTAURANTS,

RESTAURANTS THAT PRACTICE HEALTHIER FOOD PRACTICES OR ANYTHING LIKE THAT

IN THIS LEGISLATION?

MS. REYES: RIGHT. IT --IT -- IT IS NOT, BUT THIS IS A

FEDERAL PROGRAM. SO WE'RE NOT BUILDING OUT A PROGRAM, THIS ALREADY

EXISTS UNDER FEDERAL LAW. WE WOULD JUST BE ENROLLING THE STATE OF NEW

YORK IN IT SO THOSE -- THOSE FOLKS WITH SNAP WOULD BE ABLE TO ACCESS

-- ACCESS PREPARED MEALS. AND THAT'S ALREADY DESCRIBED UNDER FEDERAL

REGULATION FOR SNAP.

MR. WALCZYK: THANK YOU. AND THROUGH YOU,

MR. SPEAKER, I'M -- I'M GLAD THAT THE SPONSOR BROUGHT THE -- THE FEDERAL

ASPECT OF THIS UP BECAUSE THERE ARE A FEW STATES THAT ARE AHEAD OF NEW

YORK ON THIS. THEY'VE REACHED OUT, THEY'VE SET UP PROGRAMS. SOME OF

THEM HAVE FAST FOOD RESTAURANTS THAT THEY'VE PARTNERED WITH, OTHERS IT

SEEMS LIKE THEY'RE A LITTLE BIT MORE RESTRICTIVE. THIS LEGISLATION, AT LEAST

BY MY READ, IS KIND OF WIDE OPEN. WE'RE OFFERING IT TO OTDA. BUT MY

QUESTION FOR THE SPONSOR IS, DO WE HAVE ANY STUDIES ON OBESITY OR THE

HEALTH EFFECTS THAT OFFERING SNAP BENEFITS THROUGH ANY OF THE

RESTAURANTS, ESPECIALLY FAST FOOD RESTAURANTS, THAT HAVE COME OUT OF

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NYS ASSEMBLY MAY 24, 2021

SOME OF THESE? DO WE HAVE ANY OF THE DATA THAT'S COME OUT FROM OTHER

STATES?

MS. REYES: NO. BUT I WOULD ALSO ASK THAT -- I

WOULD ALSO POINT OUT THAT YOU CAN WITH YOUR SNAP BENEFITS PURCHASE

ANY KIND OF PRODUCT IN A SUPERMARKET THAT'S A FOOD PRODUCT WITHOUT

REGARD TO ITS NUTRITIONAL VALUE, SODIUM CONTENT, SUGAR CONTENT, FAT

CONTENT AND SNAP DOESN'T REGULATE THAT. THIS IS AN -- AN ATTEMPT TO

MAKE SURE THAT THOSE PEOPLE WHO DON'T HAVE COOKING FACILITIES OR

UNABLE TO PREPARE MEALS ON THEIR OWN COULD HAVE A HOT MEAL. WE

KNOW THAT A LOT OF OUR FROZEN FOODS, CANNED FOODS ARE VERY HIGH IN

SODIUM AND HIGH IN PRESERVATIVES AND WE'RE TRYING TO GIVE PEOPLE A

HEALTHIER OPTION WITH THEIR SNAP BENEFITS.

MR. WALCZYK: AND THROUGH YOU, MR. SPEAKER,

DOES THIS -- DOES THIS LEGISLATION REQUIRE SOMEONE TO -- TO DEMONSTRATE

THAT THEY DON'T HAVE ACCESS TO A COOKING FACILITY, AS YOU SAID?

MS. REYES: NO. THEY JUST NEED TO FIT THE

REQUIREMENTS; EITHER BE ELDERLY, DISABLED OR HOMELESS AS DESCRIBED IN

FEDERAL LAW.

MR. WALCZYK: ARE THERE ANY -- ARE THERE ANY

SPECIFIC FOODS THAT ARE -- ARE PRECLUDED OR PROHIBITED AS LINED OUT IN

THIS LEGISLATION? SO, DOES THE OFFICE OF TEMPORARY DISABILITY

ASSISTANCE KNOW THAT, YOU KNOW, MILKSHAKES MAY NOT QUALIFY OR

SOMETHING LIKE THAT?

MS. REYES: NO. BUT IT'S NOT PRECLUDED WHEN THEY

USE THEIR SNAP BENEFITS NOT FOR HOT MEALS. SO, UNDER CURRENT SNAP

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NYS ASSEMBLY MAY 24, 2021

REGULATION, NOTHING'S PRECLUDED AS LONG AS IT'S A FOOD PRODUCT.

MR. WALCZYK: OKAY. THANK YOU. MR. SPEAKER,

ON THIS PIECE OF LEGISLATION AND I THANK THE SPONSOR FOR YIELDING FOR

THOSE QUESTIONS.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. WALCZYK: THE -- I JUST DID A QUICK LOOK. IT'S

BEEN A LITTLE WHILE SINCE WE'VE TALKED ABOUT THIS BILL, BUT THE -- THE

HEALTH OF NEW YORKERS SHOULD STAND AT THE FOREFRONT, AND I KNOW THAT IT

DOES FOR MANY IN THIS CHAMBER, ESPECIALLY FOR WHAT WE'VE BEEN

THROUGH OVER THE LAST YEAR. OBVIOUSLY, CARDIOVASCULAR AND -- AND LUNG

HEALTH IS IMPORTANT. I UNDERSTAND OBESITY TO BE ONE OF THE LARGEST

CONTRIBUTORS TO MORTALITY WHEN IT COMES TO THE COVID CRISIS FOR MANY

OTHER HEALTH AILMENTS AS A COMORBIDITY. AND I WOULD JUST SHARE, IF WE

MOVE FORWARD WITH THIS LEGISLATION, THE WAY THAT OTDA COULD INTERPRET

IT INSTEAD OF A PROGRAM WOULDN'T PROHIBIT ANYONE FROM USING THEIR

SNAP BENEFIT FOR BUYING A MCDONALD'S DOUBLE QUARTER POUNDER WITH

CHEESE, WHICH THE INTERNET INFORMS ME HAS A NICE CHUNK OF 730 CALORIES

AND 40 GRAMS OF FAT. OR THE SHAKE SHACK DOUBLE SMOKE SHACK, WHICH

I'VE NEVER ENJOYED, BUT THAT HAS 850 CALORIES AND 50 GRAMS OF FAT. FIVE

GUYS, WHICH I KNOW WE'RE APPROACHING THE DINNER HOUR, SO IF YOU'RE AS

HUNGRY ME THIS MIGHT SOUND DELICIOUS. THE FIVE GUYS BACON

CHEESEBURGER HAS 920 CALORIES AND 63 GRAMS OF FAT. THE WENDY'S

CLASSIC TRIPLE WITH CHEESE, 970 CALORIES, 59 GRAMS. THE RED ROBIN --

MM YUM -- THE WHISKEY RIVER BARBECUE BURGER, WE'RE UP WITH A

COMMA IN THE CALORIE RIGHT NOW, 1,114 CALORIES AND 69 GRAMS OF FAT IN

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NYS ASSEMBLY MAY 24, 2021

ONE BURGER. THE BURGE KING TRIPLE WHOPPER, WHICH WAS ACTUALLY AT

THE TOP OF THE LIST THE LAST TIME WE TALKED ABOUT THIS BILL, 1,230 CALORIES

AND 82 GRAMS OF FAT. AND THE SUPER SONIC BACON DOUBLE CHEESEBURGER

NOW TOPS THE CHARTS, GENTLEMEN AND LADIES, WITH 1,240 CALORIES AND 87

GRAMS OF FAT IF YOU ADD THE MAYONNAISE. SO, MR. SPEAKER, I WOULD SAY

ON THIS PIECE OF LEGISLATION, LOOK, I -- I KNOW THIS SPONSOR COMES FROM

A GOOD PLACE AND -- AND THERE ARE DIS -- DISPLACED PEOPLE WHO MAY NOT

HAVE ACCESS TO A KITCHEN AND WE WANT TO MAKE SURE THAT NEW YORKERS

AREN'T GOING HUNGRY, RIGHT? I GET THAT. BUT WE ALSO WANT TO MAKE SURE

THAT NEW YORKERS ARE HEALTHY. THERE'S A SLOW FOODS MOVEMENT OUT

THERE THAT CAN HELP AGRICULTURE, OUR LOCAL ECONOMY AND ALSO PEOPLE WITH

THEIR LIFE SUSTAINMENT RIGHT HERE IN THE STATE OF NEW YORK. BUT THAT

REQUIRES US TO PUT FORWARD POLICIES THAT HAVE FOOD THAT'S A LITTLE BIT

CLOSER TO HOME. THAT ENCOURAGE PEOPLE TO USE LESS PRESERVATIVES. THAT

ENCOURAGE PEOPLE TO FOCUS ON BIODIVERSITY AND CONNECT THE CONSUMER

TO THE ACTUAL FOOD PRODUCER. AND I MEAN WHEN YOU ALLOW FAST FOOD

RESTAURANTS INTO PIECES OF LEGISLATION LIKE THIS AND WE DON'T TAKE THE

TIME TO ALLOW THE OTHER STATES TO MAKE THE MISTAKE AND THEN GET THE DATA

ON THE MISTAKES THAT THEY'VE MADE SO THAT WE DON'T MAKE THEM AGAIN

HERE, I'D SAY WE'RE -- WE'RE RUSHING TO DO SOMETHING THAT COULD BE

TREMENDOUSLY UNHEALTHY AND PUT A POPULATION THAT WE'RE TRYING TO HELP

RIGHT NOW AT A SERIOUS DISADVANTAGE. THIS ISN'T A SLOW FOODS

MOVEMENT. THIS BILL IS THE FAST FOODS MOVEMENT, AND WHAT -- IT'S

PREYING ON THE STATE'S MOST VULNERABLE POPULATION. GIVE A MAN A

SUPER SONIC DOUBLE BURGER AND YOU MIGHT FEED HIM FOR A DAY, BUT IF WE

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NYS ASSEMBLY MAY 24, 2021

GIVE HIM SOME FRESH FISH THEY MIGHT ACTUALLY LIVE TO LIFE EXPECTANCY.

AND WITH THAT I VOTE NO, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. WALCZYK, THANK

YOU.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE SENATE PRINT 64. THIS IS A PARTY VOTE. ANY MEMBER

WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THEIR CONFERENCE

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

NUMBERS PREVIOUSLY PROVIDED.

MR. GOODELL.

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

REPUBLICAN CONFERENCE GENERALLY IN THE NEGATIVE. THOSE WHO WOULD

LIKE TO SUPPORT THIS BILL SHOULD CONTACT THE MINORITY LEADER'S OFFICE.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, OUR

MAJORITY COLLEAGUES WILL BE VOTING IN THE AFFIRMATIVE ON THIS ONE

GENERALLY. HOWEVER, SHOULD THERE BE SOME FOLKS WHO WOULD LIKE TO BE

AN EXCEPTION, THEY SHOULD FEEL FREE TO CONTACT THE MAJORITY LEADER'S

OFFICE AND YOUR VOTE WILL BE PROPERLY RECORDED.

ACTING SPEAKER AUBRY: THANK YOU, MRS.

PEOPLES-STOKES.

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NYS ASSEMBLY MAY 24, 2021

(THE CLERK RECORDED THE VOTE.)

MS. REYES TO EXPLAIN HER VOTE.

MS. REYES: THANK YOU, MR. SPEAKER. I DO

APPRECIATE MY COLLEAGUE'S VERY IMPASSIONATE AND COLORFUL SOLILOQUY ON

FAST FOOD RESTAURANT MENUS. I DON'T KNOW IF HE'S EVER HAD TO FEED A

FAMILY ON A BUDGET, BUT MOST FAMILIES OR SENIORS RECEIVE VERY LITTLE

MONEY IN SNAP BENEFITS AND HAVE TO MAKE THAT DOLLAR STRETCH. AND

THAT USUALLY MEANS BUYING THE CHEAPEST MOST HIGH-CALORIE FOOD ITEM

THAT THEY CAN AFFORD BASED ON THOSE BENEFITS. OFTENTIMES THAT MEANS

BUYING FROZEN FOODS OR CANNED FOODS WOULD HAVE -- WHICH HAVE

UPWARDS OF FIVE -- 500 MILLIGRAMS OF SODIUM EACH. AND I THINK IT'S

IMPORTANT PARTICULARLY NOW WHEN OUR SMALL BUSINESSES HAVE BEEN

SUFFERING AND OUR RESTAURANTS HAVE BEEN SUFFERING, TO PROVIDE THEM

WITH ANOTHER SOURCE OF REVENUE SO OUR FOLKS COULD USE THEIR SNAP

BENEFITS TO BUY SOME HOT PREPARED HEALTHY OPTIONS AT OUR LOCAL DELIS

AND OUR LOCAL RESTAURANTS. AND THAT INCLUDES FARMERS MARKETS, TOO, WHO

ALSO SELL HOT AND PREPARED MEALS.

SO I AM VERY HAPPY TO VOTE FOR THIS BILL AND SEE IT

PASS. WE PASSED IT LAST YEAR. THE SENATE FINALLY MOVED IT AND I HOPE

THAT THIS BECOMES ANOTHER BENEFIT THAT -- THAT OUR SENIORS, OUR ELDERLY

AND OUR DISABLED FOLKS ARE ABLE TO ACCESS AND TAKE ADVANTAGE OF. THANK

YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MS. REYES IN THE

AFFIRMATIVE.

MR. ANDERSON TO EXPLAIN HIS VOTE.

106

NYS ASSEMBLY MAY 24, 2021

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

EXPLAIN MY VOTE.

ACTING SPEAKER AUBRY: PLEASE.

MR. ANDERSON: YES. I WANT TO THANK THE SPONSOR

FOR HER VISION AND THOUGHTFULNESS IN BRINGING THIS BILL TO THE FOREFRONT

OF THE LEGISLATURE. YOU KNOW, I SURVIVED SUPERSTORM SANDY, AS MANY

OF MY COLLEAGUES AND CONSTITUENCIES ACROSS THE STATE HAVE LIVED

THROUGH, AND DURING THAT PERIOD A NUMBER OF FAMILIES RELIED ON FOOD

STAMPS AND HAD TO -- WERE ABLE TO USE THEIR FOOD STAMP AND SNAP

BENEFITS CARD TO PURCHASE HOT FOOD WHEN THE BAN ON THE FEDERAL LEVEL

WAS LIFTED. AND THIS IS AN OPPORTUNITY FOR US NOW TO LOOK AT AND MAKE

SURE THAT PEOPLE WHO CAN'T COOK FOR THEMSELVES, SENIORS, FOLKS WHO ARE

DISABLED, CAN NOW HAVE THAT OPPORTUNITY TO DO SO HERE IN THE STATE OF

NEW YORK AND WE'LL BE IN LINE WITH MANY OTHER STATES WHO ARE DOING

THIS WORK.

SO I COMMEND, AGAIN, THE SPONSOR FOR THIS WORK AND

LOOKING FORWARD TO VOTING IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. ANDERSON IN THE

AFFIRMATIVE.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. I HAVE THE GREAT

PLEASURE OF LIVING WITH A VEGETARIAN, AND I EAT MUCH OF WHAT SHE COOKS,

ALL OF WHICH, I MIGHT ADD, IS BOTH MORE NUTRITIOUS AND BETTER TASTING

THAN WHAT I COOK. BUT THIS BILL DOESN'T REQUIRE THAT ANYONE EAT HEALTHY

FOOD, AND AS WE ALL KNOW, OBESITY IS A LARGE AND GROWING PROBLEM. SO

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NYS ASSEMBLY MAY 24, 2021

WE NEED TO BE SENSITIVE TO THAT. I APPRECIATE THE FACT THAT FOR SOME

RESTAURANTS THIS WILL GIVE THEM AN ADDITIONAL SOURCE OF INCOME, BUT I

WOULD NOTE THAT ONLY THOSE PRIVATE ESTABLISHMENTS THAT ACTUALLY HAVE A

CONTRACT WITH THE STATE OF NEW YORK CAN PARTICIPATE IN THE PROGRAM.

SO AS A PRACTICAL MATTER THAT'S GOING TO ELIMINATE ALMOST ALL YOUR LOCAL

RESTAURANTS WHO ARE NOT GOING TO GO THROUGH THE PROCESS OF TRYING TO

CONTRACT WITH OTDA SO THAT THEY CAN PROVIDE RESTAURANTS TO SNAP

BENEFIT RECIPIENTS. I HOPE IN THE FUTURE THAT WE FOCUS ON A MORE HEALTHY

INITIATIVE FOR THE BENEFIT OF ALL OF THE RESIDENTS OF NEW YORK STATE, NOT

JUST MY WIFE AND THOSE LIKE HER WHO ARE CAREFUL ABOUT WHAT THEY EAT.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

NEGATIVE.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER, FOR AN OPPORTUNITY TO EXPLAIN MY VOTE. I -- WE COULD PROBABLY

HAVE BEEN -- YOU KNOW, TEN YEARS AGO WHEN SEVERAL OF US WERE ASKING

FOR RESTAURANTS TO LIST WHAT THE CALORIE CONTENT WAS ON THEIR MEALS. AND

WE WERE ASKING FOOD MANUFACTURERS TO LIST WHAT THE CALORIE CONTENT

WAS ON WHAT THEY WERE SELLING US IN THE STORES. THERE WAS A LOT OF

PUSHBACK ON THAT, BUT WE FINALLY GOT TO IT. AND BECAUSE WE DID GET TO

THAT, SOME PEOPLE ARE LEARNING HOW TO EAT HEALTHIER. NOW OF COURSE

THERE ARE SOME PEOPLE WHO REALLY JUST DON'T CARE. BUT AT THE END OF THE

DAY, EVERYBODY CARES ABOUT HAVING SOMETHING TO EAT. AND SO I THINK

THAT THIS IS MOVING US FORWARD INTO A FUTURE -- NOT NECESSARILY THE FOLKS

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THAT ARE GOING TO FIVE GUYS, BECAUSE AT SOME POINT FIVE GUYS ARE

GOING TO BE SELLING PLANT-BASED FOOD IF IT WANTS TO HAVE A PRODUCT AT ALL.

IF IT WANTS TO KEEP CUSTOMERS IT'S GOING TO GO HAVE TO GO THAT WAY. AND

SO I WANT TO COMMEND THE SPONSOR FOR HAVING, YOU KNOW, THE VISIONARY

THOUGHT TO SEE WHAT'S HAPPENING WITH THE FOOD INDUSTRY IN THIS COUNTRY

AND HOW PEOPLE ARE ACTUALLY EATING NOW. YOU HAVE MORE PEOPLE

DRIVING AROUND DELIVERING FOOD THAN YOU HAVE TAKING KIDS TO DAYCARE.

THAT'S GOING TO HAPPEN FOR THESE FOLKS AS WELL. IT'S ALREADY HAPPENING

FOR THEM. AND IF IT MAKES IT EASIER FOR THEM TO FEED THEIR CHILDREN AND

THEMSELVES AND STILL BE ABLE TO GET TO WORK, DO THE HOUSEKEEPING AND

THE LAUNDRY, LET'S ALLOW THAT TO HAPPEN. I ALSO WANT TO REMIND US WHEN

A FARMER'S MARKET COULDN'T EVEN TAKE A FOOD STAMP. THERE WAS A LOT OF

CONTROVERSY ABOUT THAT, BUT IT WAS THE RIGHT THING TO DO AND SO IS THIS.

SO, AGAIN, I WANT TO COMMEND THE SPONSOR AND I WILL

BE VOTING IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES

IN THE AFFIRMATIVE.

MS. WALSH.

MS. WALSH: THANK YOU. TO EXPLAIN MY VOTE. SO,

THIS IS A SURPRISINGLY DIFFICULT BILL FOR ME BECAUSE I AM REALLY SENSITIVE

TO THE IDEA OF FOOD DESERTS AND THE FACT THAT INDIVIDUALS, PARTICULARLY THE

HOMELESS, DISABLED AND ELDERLY SNAP RECIPIENTS, MAY FIND IT VERY HARD

FOR THEM TO USE THEIR SNAP BENEFITS AND -- IN -- IN SOME OF THE AREAS

WHERE THEY LIVE. BUT I'VE LISTENED TO THE DEBATE PRETTY CAREFULLY TODAY,

AND I -- I THINK I WOULD BE MORE SUPPORTIVE OF A BILL LIKE THIS IF PERHAPS

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NYS ASSEMBLY MAY 24, 2021

IT WAS A PILOT PROGRAM OR SOMETHING THAT WAS DONE, TRIED ON MAYBE A

SMALLER SCALE OR IN A COUPLE OF COUNTIES AND KIND OF SEE HOW IT GOES. I

AM REALLY CONCERNED ABOUT -- IT'S NOT THAT I THINK THAT I'M -- I'M THE, YOU

KNOW, ARBITER OF WHAT'S GOOD EATING AND WHAT'S NOT GOOD EATING AND

THAT I'M GOING TO IMPOSE MY WILL ON EVERYBODY ELSE. BUT I JUST THINK

THAT IT'S -- IT IS KIND OF TROUBLING TO ME TO JUST OPEN IT RIGHT UP TO

EVERYBODY IN THE STATE TO BE ABLE TO USE SNAP BENEFITS FOR ANYTHING

THAT OTDA SAYS THEY CAN USE THEIR SNAP BENEFITS FOR.

SO I'M -- I'M ACTUALLY GOING TO VOTE IN THE NEGATIVE

THIS TIME. OR STAY IN THE NEGATIVE. BUT I -- I HAVE BEEN SUPPORTIVE OF

THIS BILL IN THE PAST. SO, BUT IT'S A DIFFICULT VOTE FOR ME. THANKS.

ACTING SPEAKER AUBRY: MS. WALSH IN THE

NEGATIVE.

MR. BURDICK TO EXPLAIN HIS VOTE.

MR. BURDICK: THANK YOU, MR. SPEAKER. I FIRST

WANT TO COMMEND THE SPONSOR FOR BRINGING FORWARD THIS LEGISLATION.

YOU KNOW, ONE OF THE THINGS THAT BECAME ABUNDANTLY CLEAR THROUGH THE

PANDEMIC IS JUST THE EXTENT OF FOOD INSECURITY. IN MY AREA IN NORTHERN

WESTCHESTER, WHICH BY AND LARGE IS A PRETTY AFFLUENT AREA, WE

NONETHELESS HAD IN ONE FOOD PANTRY AFTER ANOTHER LITERALLY A FIVE-FOLD

INCREASE IN THE AMOUNT OF FOOD THAT WAS BEING DISTRIBUTED. AND THIS IS

ESPECIALLY IMPORTANT FOR THE VERY PEOPLE WHO WOULD BE BENEFITTED BY

THIS PROGRAM. THIS IS A COMMONSENSE BILL. IT SIMPLY IS REQUIRING THE

STATE TO PARTICIPATE IN -- IN AN EXISTING FEDERAL PROGRAM, THE RESTAURANT

MEALS PROGRAM, OFFERING AN OPTION TO THOSE WHO ARE MOST IN NEED; THE

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HOMELESS, THE ELDERLY AND THE DISABLED.

SO I VERY MUCH WILL BE SUPPORTING THIS, SO I WILL BE

VOTING IN THE -- IN THE AFFIRMATIVE. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. BURDICK IN THE

AFFIRMATIVE.

MS. KELLES.

MS. KELLES: I, TOO, WANT TO COMMEND THE SPONSOR

AND -- AND GIVE MY THANKS FOR PUTTING THIS REALLY IMPORTANT BILL TOGETHER

AND JUST ACKNOWLEDGE THAT THIS BILL IS -- IS -- IS A HUMAN RIGHTS BILL. FOR

-- FOR ANYONE WHO HAS STUDIED THE ENVIRONMENT THAT MANY LOW-INCOME

PEOPLE LIVE IN THROUGHOUT THE UNITED STATES AND IN NEW YORK STATE,

MANY OF US ASSUME THAT PEOPLE HAVE FULL KITCHENS. MAYBE SMALL, BUT

STILL, THE ABILITY TO COOK A WIDE RANGE OF FOOD. THAT CANNOT BE ASSUMED

AND IS NOT THE REALITY FOR SOME FAMILIES, SOME HOUSEHOLDS. AND I THINK

THAT THIS IS ABSOLUTELY CRITICAL TO MAKE SURE THAT EVERYONE HAS ACCESS TO

FOOD, REGARDLESS OF WHAT THEIR HOME SITUATION IS LIKE OR -- OR -- YOU

KNOW, ALSO WITH PEOPLE WITH DISABILITIES WHO ARE UNABLE TO COOK THEIR

OWN FOOD, THIS IS ABSOLUTELY CRITICAL. SO I JUST WANT TO ACKNOWLEDGE THE

FACT THAT THIS IS A HUMAN RIGHTS BILL AS FAR AS I'M CONCERNED. AND THE

OTHER PIECE THAT IS REALLY IMPORTANT IS THAT THIS ALLOWS FOR EQUITY.

EVERYONE SHOULD BE ABLE TO HAVE THIS DIVERSITY OF FOOD, INCLUDING BEING

ABLE TO -- TO EAT FOOD FROM RESTAURANTS, AND TO NOT HAVE THAT ABILITY ADDS

TO THE PSYCHOLOGICAL FEELING OF BEING MARGINALIZED BY SOME

POPULATIONS WITHIN OUR STATE.

SO FOR ALL OF THOSE REASONS, I AM IN SUPPORT OF THIS BILL.

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NYS ASSEMBLY MAY 24, 2021

THANK YOU SO MUCH AGAIN TO THE SPONSOR, AND I VOTE IN THE POSITIVE.

ACTING SPEAKER AUBRY: MS. KELLES IN THE

AFFIRMATIVE.

MR. TAGUE TO EXPLAIN HIS VOTE.

MR. TAGUE: THANK YOU, MR. SPEAKER. TO EXPLAIN

MY VOTE. FIRST I JUST WANTED TO MAKE A COMMENT. ONE OF MY ESTEEMED

COLLEAGUES MADE A POINT TO SAY THAT IN THE NEAR FUTURE ONLY PLANT-BASED

FOODS WILL BE AVAILABLE IN DIFFERENT RESTAURANTS. I HOPE, I HOPE THAT THAT

IS NOT THE CASE. BECAUSE THERE WILL BE THOUSANDS OF LIVESTOCK FARMERS,

MAINLY IN RURAL UPSTATE NEW YORK AND MAINLY BEEF PRODUCERS, THAT WILL

BE PUT OUT OF BUSINESS. I ALSO WANT TO MAKE MENTION THAT THE REASON

WHY WE PUT $50 MILLION IN THE BUDGET FOR THE NOURISH NEW YORK

PROGRAM OF QUALITY, NEW YORK-GROWN AGRICULTURAL PRODUCTS WAS TO

HELP TO FEED THE NEEDY.

FOR THOSE REASONS I WILL BE VOTING IN THE NEGATIVE.

ACTING SPEAKER AUBRY: MR. TAGUE IN THE

NEGATIVE.

MR. GOODELL.

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

FOLLOWING MEMBERS IN THE AFFIRMATIVE: MR. BRABENEC, MR. FITZPATRICK,

MS. MILLER AND MR. SCHMITT.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

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NYS ASSEMBLY MAY 24, 2021

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER AND MY

COLLEAGUES, WE ARE JUST ABOUT DONE HERE. WE HAVE TWO MORE BILLS WE'D

LIKE TO TAKE UP TONIGHT. THE FIRST ONE IS GOING TO BE CALENDAR NO. 315,

4522-A BY MRS. GALEF, AND THE SECOND ONE WILL BE CALENDAR NO. 347,

ASSEMBLY BILL 2030 BY MS. ROSENTHAL. LINDA ROSENTHAL.

ACTING SPEAKER AUBRY: PAGE 23, CALENDAR

NO. 315, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A04522-A, CALENDAR

NO. 315, GALEF, L. ROSENTHAL, ENGLEBRIGHT, WEPRIN, SEAWRIGHT, COLTON.

AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO THE MANUFACTURE

AND SALE OF SEASONAL AND DECORATIVE LIGHTING PRODUCTS CONTAINING LEAD.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY PRINT A.4522-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 BILL WOULD

REQUIRE THAT ANY SEASONAL LIGHTING PRODUCT -- PRODUCTS LIKE CHRISTMAS OR

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NYS ASSEMBLY MAY 24, 2021

HALLOWEEN OR WHATEVER CONTAIN A PERMANENT WARNING THAT SAYS,

HANDLING THE COATED ELECTRICAL WIRE OF THIS PRODUCT MAY EXPOSE YOU TO

LEAD. WASH HANDS THOROUGHLY AFTER USE. AND IT IMPOSES A $1,000 FINE.

AND I CERTAINLY APPRECIATE MY COLLEAGUE'S CONCERN ABOUT LEAD

EXPOSURE, ALTHOUGH I -- I'M ALSO MINDFUL OF THE FACT THAT MOST PEOPLE,

AS SOON AS THEY GET HOLIDAY DECORATIONS, WHAT DO THEY DO? THE FIRST

THING AFTER THEY TAKE IT OUT OF THE BOX, THEY TAKE ALL THOSE LITTLE STICKERS

OFF IT BECAUSE WHO WANTS A WHOLE BUNCH OF STICKERS ON YOUR CHRISTMAS

TREE UNLESS THE WARNING IS IN RED AND GREEN AND IN A DECORATIVE PRINT?

AND THE LIKELIHOOD THAT YOU COULD GET A LEAD EXPOSURE FROM HANDLING

THE INSULATION IS VERY SMALL, BUT THE POTENTIAL THAT YOU COULD INTERFERE

WITH THE SALE OF PRODUCTS THAT ARE MADE ELSEWHERE AND DEPRIVE YOUR

KIDS WHEN THEY'RE ASKING TO SEE ALL THOSE SPARKLING LIGHTS FROM

OUT-OF-STATE MANUFACTURERS IS REAL.

AND SO WHILE I APPRECIATE THE OBJECTIVES AND MOST OF

MY COLLEAGUES I THINK WILL SUPPORT THIS, AND WITH GOOD REASON, I WILL BE

VOTING NO. THANK YOU, SIR.

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

NEGATIVE.

MR. TAGUE TO EXPLAIN HIS VOTE.

MR. TAGUE: THANK YOU, MR. SPEAKER. JUST FOR THE

SAME REASONS THAT MY COLLEAGUE WHO JUST SPOKE, I WILL ALSO BE VOTING

IN THE NEGATIVE ON THIS BILL. THANK YOU VERY MUCH.

ACTING SPEAKER AUBRY: MR. TAGUE IN THE

NEGATIVE.

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NYS ASSEMBLY MAY 24, 2021

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. IN ADDITION TO THE

NEGATIVE VOTES ON THE FLOOR, PLEASE RECORD THE FOLLOWING COLLEAGUES IN

THE NEGATIVE: MR. DIPIETRO, MR. FITZPATRICK, MR. FRIEND AND MR.

HAWLEY.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 26, CALENDAR NO. 347, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A02030, CALENDAR NO.

347, L. ROSENTHAL, QUART, RICHARDSON, CARROLL, WEPRIN, SIMON,

GOTTFRIED, HEVESI, BARRON, STECK, GONZ�LEZ-ROJAS, BURGOS. AN ACT TO

AMEND THE SOCIAL SERVICES LAW AND THE PUBLIC HEALTH LAW, IN RELATION

TO MEDICATION FOR THE TREATMENT OF SUBSTANCE USE DISORDERS.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. WOULD THE

SPONSOR YIELD?

ACTING SPEAKER AUBRY: MS. ROSENTHAL, WILL

YOU YIELD?

MS. ROSENTHAL: YES, I WILL.

ACTING SPEAKER AUBRY: MS. ROSENTHAL

YIELDS.

MR. GOODELL: THANK YOU, MS. ROSENTHAL. I SEE

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NYS ASSEMBLY MAY 24, 2021

THAT THIS BILL WAS VETOED BY THE GOVERNOR IN 2019. HAVE THERE BEEN

ANY CHANGES IN THE BILL SINCE THEN?

MS. ROSENTHAL: JUST TECHNICAL CORRECTIONS TO

ACCOUNT FOR AMENDMENTS TO THE UNDERLYING STATUTE.

MR. GOODELL: I SEE. AND IN THE VETO MEMO, THE

GOVERNOR MADE A SPECIFIC NOTE THAT THEY TRIED TO COME TO A COMPROMISE

BUT ALL RECOMMENDATIONS WERE REJECTED. WHAT WERE THOSE

COMPROMISES THAT WERE BEING URGED BY THE GOVERNOR?

MS. ROSENTHAL: YOU KNOW, I DON'T RECALL ALL OF

THEM. HOWEVER, WHEN HE VETOED IT HE ALSO DID SAY THAT THERE WOULD BE

A SINGLE STATEWIDE FORMULARY FOR ALL MEDICATION-ASSISTED TREATMENT

DRUGS, AND THAT WOULD ELIMINATE PRIOR AUTHORIZATION FOR ALL OF THESE

DRUGS. HOWEVER, THE WAY THE SINGLE STATEWIDE FORMULARY IS BEING

IMPLEMENTED, THERE WOULD STILL BE PRIOR AUTHORIZATION FOR SOME

MEDICATION-ASSISTED TREATMENT DRUGS.

MR. GOODELL: AND IS IT YOUR VIEW THAT NO PRIOR

AUTHORIZATION SHOULD BE REQUIRED FOR MEDICALLY-ASSISTED TREATMENT?

MS. ROSENTHAL: MEDICATION-ASSISTED TREATMENT.

YOU KNOW, AT THE TIME THAT THE GOVERNOR VETOED THIS BILL, HE ALSO

SIGNED INTO LAW A BILL THAT SAID THERE WOULD BE NO PRIOR AUTHORIZATION

FOR THOSE HOLDING COMMERCIAL INSURANCE. SO WHAT HE DID BY SIGNING

LAW AND THEN VETOING THE OTHER IS IMPLEMENT A TWO-TIERED SYSTEM IN THIS

STATE. AND WE KNOW THAT OVERDOSE IS UP ACROSS THE STATE, AND PRIOR

AUTHORIZATION DELAYS PEOPLE GETTING THE MEDICATION THEY DESPERATELY

NEED.

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NYS ASSEMBLY MAY 24, 2021

MR. GOODELL: ISN'T THERE A CONCERN THAT SOME OF

THE MEDICALLY-ASSISTED TREATMENTS HAVE RISKS OF THEIR OWN THAT NEED TO

BE ADDRESSED OR SHOULD BE ADMINISTERED UNDER THE SUPERVISION OF A

PHYSICIAN?

MS. ROSENTHAL: WELL, THOSE PHYSICIANS PRESCRIBE

THESE DRUGS, SO THEY ARE -- THEY WOULD BE TAKEN UNDER A PHYSICIAN'S

IMPLEMENTATION. THE PROBLEM IS THAT ONLY SOME PEOPLE CAN GET THEM

WITHOUT WAITING. PEOPLE ON MEDICAID WILL HAVE TO WAIT FOR CERTAIN

DRUGS TO BE APPROVED BY THE INSURANCE COMPANY. AND WE DON'T WANT A

TWO-TIERED SYSTEM IN THIS STATE, NUMBER ONE. BUT NUMBER TWO, DURING

COVID WE KNOW THAT OVERDOSE DEATHS ROSE. THIS IS THE GOLD STANDARD

ON HOW TO TREAT PEOPLE WITH SUBSTANCE USE DISORDER. IT IS

RECOMMENDED ALL THE WAY FROM THE FORMER PRESIDENT'S TASK FORCE TO THE

AMA TO MANY DIFFERENT ORGANIZATIONS SAY PEOPLE SHOULD HAVE

IMMEDIATE ACCESS TO MAT DRUGS WHEN THEY NEED IT.

MR. GOODELL: THANK YOU VERY MUCH, MS.

ROSENTHAL.

ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: THANK YOU, SIR. I -- I WILL BE

SUPPORTING THIS BILL BECAUSE I THINK IT'S IMPORTANT THAT WE MAKE SURE

THAT ALL TREATMENT OPTIONS ARE READILY AVAILABLE TO THOSE WHO ARE

SUFFERING OPIOID ADDICTIONS. I AM ALWAYS SENSITIVE WHEN WE TRY TO

IMPLEMENT THE GOLD STANDARD WHEN IT COMES TO MEDICAID BECAUSE RIGHT

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NYS ASSEMBLY MAY 24, 2021

NOW MEDICAID ACCOUNTS FOR ANYWHERE FROM 80 TO 90 AND SOMETIMES

MORE THAN 100 HUNDRED PERCENT OF THE ENTIRE REAL PROPERTY TAX LEVY FOR

SOME COUNTIES. AND SO MAYBE WHEN WE'RE TALKING ABOUT MEDICAID WE

SHOULDN'T BE FOCUSING ON THE GOLD STANDARD, WE OUGHT TO BE FOCUSING ON

THE MOST COST-EFFECTIVE STANDARD. BUT I THINK THIS BILL STRIKES A

REASONABLE BALANCE BY REQUIRING PHYSICIAN APPROVAL AND STREAMLINING

THE PROCESS OF GETTING OPIOID TREATMENT.

FOR THAT REASON I WILL BE SUPPORTING IT. THANK YOU,

SIR.

ACTING SPEAKER AUBRY: THANK YOU.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY PRINT 2030. 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.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, DO YOU

HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?

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NYS ASSEMBLY MAY 24, 2021

ACTING SPEAKER AUBRY: WE CERTAINLY HAVE A

PIECE OF HOUSEKEEPING.

ON BEHALF OF MR. AUBRY, BILL A.2388-A, 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 READ THE

VOTE -- 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

RECEIVED AND ADOPTED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, I NOW

MOVE THAT THE ASSEMBLY STAND ADJOURNED UNTIL 2:00 P.M., TUESDAY,

MAY THE 25TH, TOMORROW BEING A SESSION DAY.

ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS

ADJOURNED.

(WHEREUPON, AT 6:59 P.M., THE HOUSE STOOD ADJOURNED

UNTIL TUESDAY, MAY 25TH AT 2:00 P.M., THAT BEING A SESSION DAY.)

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