TUESDAY, MAY 31, 2022                                                4:43 P.M.

                                 ACTING SPEAKER ZEBROWSKI:  THE HOUSE WILL

                    COME TO ORDER.

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

                    SILENCE.

                                 (WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)

                                 VISITORS ARE INVITED TO JOIN THE MEMBERS IN THE PLEDGE

                    OF ALLEGIANCE.

                                 (WHEREUPON, ACTING SPEAKER ZEBROWSKI LED VISITORS

                    AND MEMBERS IN THE PLEDGE OF ALLEGIANCE.)

                                 A QUORUM BEING PRESENT, THE CLERK WILL READ THE

                    JOURNAL OF MONDAY, MAY 30TH.

                                 MRS. PEOPLES-STOKES.

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

                                          1



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF MONDAY, MAY THE

                    3RD [SIC] AND ASK THAT THE SAME STAND APPROVED.

                                 ACTING SPEAKER                     ZEBROWSKI:  WITHOUT

                    OBJECTION, SO ORDERED.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  COLLEAGUES AND GUESTS

                    THAT ARE IN THE CHAMBERS, IF I CAN JUST GET YOUR ATTENTION FOR A MINUTE.  I

                    WANT TO SHARE A QUOTE.  I KNOW WE ALL YESTERDAY WERE DOING A LOT OF --

                    WELL, SOME OF US, MEMORIAL DAY PARADES AND VISITING CEMETERIES TO

                    HONOR VETERANS WHO HAVE GIVEN THEIR LIFE, SO I WANT TO SHARE THIS QUOTE.

                    THIS ONE IS FROM JENNIFER GRANHOLM.  SHE SERVES AS THE 16TH UNITED

                    STATES SECRETARY OF ENERGY.  SHE'S ALSO THE FORMER GOVERNOR OF

                    MICHIGAN, SHE'S AN ATTORNEY, AN EDUCATOR, AND AN AUTHOR.  HER WORDS

                    FOR US TODAY, "CEREMONIES ARE IMPORTANT.  BUT OUR GRATITUDE HAS TO BE

                    MORE THAN A VISIT TO THE TROOPS, AND ONCE-A-YEAR MEMORIAL DAY

                    CEREMONIES.  WE HONOR THE DEAD BEST BY TREATING THE LIVING WELL."

                    AGAIN, THESE WORDS BY JENNIFER GRANHOLM.

                                 MR. SPEAKER AND COLLEAGUES, YOU HAVE ON YOUR DESK --

                    WELL, LET ME START WITH THIS FIRST OF ALL.  IT'S MY PLEASURE AS ALWAYS, MR.

                    SPEAKER, TO HAVE THE OPPORTUNITY TO INTRODUCE NEW MEMBERS, WHICH WE

                    WILL DO IN A FEW MOMENTS, BUT WE WANT TO START WITH THE RESOLUTION THAT

                    ALLOWS US THE OPPORTUNITY TO SEAT OUR NEW MEMBER, HER NAME IS

                    MONIQUE CHANDLER-WATERMAN FROM THE 58TH ASSEMBLY DISTRICT.

                    MEMBERS HAVE ON THEIR DESKS THE CALENDAR AND AN A-CALENDAR, AND WE

                    ALSO HAVE A DEBATE LIST.  I NOW MOVE TO ADVANCE THE A-CALENDAR, MR.

                                          2



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    SPEAKER.

                                 ACTING SPEAKER ZEBROWSKI:  ON A MOTION BY

                    MRS PEOPLES-STOKES, THE A-CALENDAR IS ADVANCED.

                                 MRS. PEOPLES-STOKES:  THANK YOU, SIR.  WE'RE

                    GOING TO BEGIN OUR WORK TODAY BY TAKING UP RESOLUTIONS ON PAGE 3, AND

                    THEN WE'RE GOING TO CONSENT THE A-CALENDAR, BEGINNING WITH RULES --

                    WE'RE GOING TO GO TO THE A-CALENDAR THAT WE JUST MOVED FORWARD AND

                    WE'RE GOING TO CONSENT THE ENTIRE CALENDAR.  IT'S GOT 80 BILLS ON IT, AND

                    IT'S GOING TO BEGIN WITH RULES REPORT NO. 435.  SO I'M GOING TO ASK THE

                    MEMBERS' PATIENCE, COOPERATION AND TOLERANCE, BECAUSE THIS IS GOING TO

                    BE A LONG DAY; AS A MATTER OF FACT, IT'S GOING TO BE NIGHT BY THE TIME

                    WE'RE DONE SO WE'RE GOING TO ASK FOR YOUR PATIENCE AND TOLERANCE.

                    AND, MR. SPEAKER, THERE MAY BE ADDITIONAL FLOOR WORK THAT WE MAY

                    HAVE TO ANNOUNCE AT SOME OTHER POINT, BUT RIGHT NOW THIS IS WHAT WE

                    HAVE.

                                 SO THIS IS KIND OF A GENERAL OUTLINE.  IF THERE'S ANY

                    HOUSEKEEPING OR INTRODUCTIONS, NOW WOULD BE THE APPROPRIATE TIME.

                                 ACTING SPEAKER ZEBROWSKI:  WE DO HAVE A

                    PIECE OF HOUSEKEEPING.

                                 ON A MOTION BY MR. MAGNARELLI, PAGE 18, RULES

                    REPORT NO. 429, BILL NO. 9966-B, THE AMENDMENTS ARE RECEIVED AND

                    ADOPTED.

                                 THE RESOLUTION FOR THE SEATING OF THE NEW MEMBER.

                    THE CLERK WILL READ THE TITLE OF THE RESOLUTION.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 1027, MR.

                                          3



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    HEASTIE.

                                 ASSEMBLY RESOLUTION IN RELATION TO THE ELECTION AND

                    SEATING OF MONIQUE CHANDLER-WATERMAN AS A MEMBER OF THE ASSEMBLY

                    FROM THE 58TH ASSEMBLY DISTRICT.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON RESOLUTION NO. 1027.  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 RESOLUTION IS ADOPTED.

                                 (APPLAUSE)

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, IT'S MY

                    PLEASURE TO READ A BRIEF BIO ON OUR NEW COLLEAGUE, ASSEMBLYMEMBER

                    MONIQUE CHANDLER-WATERMAN HAS RECENTLY BEEN ELECTED TO REPRESENT

                    THE 58TH ASSEMBLY DISTRICT IN BROOKLYN.  MONIQUE WAS BORN AND

                    RAISED IN THE EAST FLATBUSH SECTION OF BROOKLYN.  SHE ATTENDED PS 135

                    AND MEYER LEVIN, WHERE HER MOTHER ALSO ATTENDED, AND SHE HAD THE

                    PRIVILEGE TO START HER TEACHING CAREER THERE.  SHE GRADUATED FROM BOYS

                    AND GIRLS HIGH SCHOOL, OBTAINED A BACHELOR'S DEGREE IN BUSINESS

                    ADMINISTRATION FROM BERKLEY COLLEGE AND AN MBA FROM METROPOLITAN

                    COLLEGE OF NEW YORK.

                                          4



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 MONIQUE BEGAN HER CAREER IN COMMUNITY SERVICE IN

                    2005, WHEN SHE HELPED FORM THE EAST 29TH STREET AND EAST 46TH STREET

                    BLOCK ASSOCIATIONS.  SHE LATER JOINED UFT AFTER LEARNING OF THE LACK OF

                    SERVICES AND HEARING THE CONCERNS FROM PARENTS STRUGGLING FOR CHILD

                    CARE.  IN 2008, MONIQUE CO-FOUNDED A NON-PROFIT ORGANIZATION TO

                    ADDRESS THE LIMITED YOUTH SERVICES IN THE COMMUNITY.  OVER THE YEARS,

                    IT HAS GROWN TO INCLUDE ACADEMIC, FINANCIAL LITERACY, CULTURAL

                    ENRICHMENT, AND COMMUNITY SUPPORT AND MENTAL HEALTH PROGRAMS.

                    MONIQUE HAS SPENT TIME AS A CIVILIAN ADVISOR FOR THE NEW YORK POLICE

                    DEPARTMENT'S 67TH PRECINCT COUNCIL.  SHE GRADUATED FROM NEW YORK'S

                    POLICE DEPARTMENT'S CIVILIAN ACADEMY AND LED THE EAST FLATBUSH

                    ALLIANCE IN THE 67TH STREET, 69TH STREET AND THE 70TH STREET PRECINCTS.

                                 ASSEMBLYMEMBER CHANDLER-WATERMAN IS MARRIED TO

                    HER HUSBAND, ERIC WATERMAN.  THEY HAVE FOUR CHILDREN.  PLEASE JOIN

                    ME AGAIN IN WELCOMING OUR COLLEAGUE, ASSEMBLYMEMBER MONIQUE

                    CHANDLER-WATERMAN TO OUR CHAMBERS.

                                 (APPLAUSE)

                                 ACTING SPEAKER ZEBROWSKI:  MS.

                    CHANDLER-WATERMAN, ON BEHALF OF THE MAJORITY LEADER, THE SPEAKER

                    AND ALL THE MEMBERS, WE CONGRATULATE YOU.  WE WELCOME YOU TO THIS

                    BODY.  WE LOOK FORWARD TO WORKING WITH YOU AS A COLLEAGUE, AND WE

                    LOOK FORWARD TO ALL YOUR FUTURE CONTRIBUTIONS TO THE PEOPLE OF THE STATE

                    OF NEW YORK.  CONGRATULATIONS AGAIN.

                                 (APPLAUSE)

                                 MR. SANTABARBARA FOR THE PURPOSES OF AN INTRODUCTION.

                                          5



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 MR. SANTABARBARA:  THANK YOU, MR. SPEAKER.

                    TODAY I RISE TO INTRODUCE SOME SPECIAL GUESTS FROM MY ASSEMBLY

                    DISTRICT HERE IN THE CHAMBER.  THEY'RE FROM THE CITY OF AMSTERDAM.

                    JOINING US IN THE CHAMBER HERE TODAY IS 8-YEAR-OLD BRODY DODD, HIS

                    FAMILY, HIS MOTHER JENNA, YOUNGER BROTHER CARSON, ALONG WITH HIS

                    GRANDMOTHER LORRAINE.  AT A VERY YOUNG AGE, BRODY BEGAN COLLECTING

                    FLAGS FROM EVERY BRANCH OF OUR ARMED SERVICES AND ASSEMBLED THEM

                    PROUDLY IN FRONT OF HIS HOME IN AMSTERDAM.  HE BEGAN CONDUCTING HIS

                    OWN DAILY FLAG CEREMONIES FOR HIS FAMILY, HIS NEIGHBORS, MARCHING IN

                    FRONT OF HIS HOUSE WITH THE FLAG, RECITING THE PLEDGE OF ALLEGIANCE,

                    SINGING THE STAR SPANGLED BANNER, OFFERING A MOMENT OF SILENCE, AND

                    ENDING WITH THE PLAYING OF TAPS.  AND WORD QUICKLY SPREAD ABOUT

                    BRODY'S LOVE FOR OUR COUNTRY, HIS UNWAVERING PATRIOTISM, AND HE'S BEEN

                    INVOLVED WITH A NUMBER OF ANNUAL EVENTS IN OUR COMMUNITY ON

                    MEMORIAL DAY, VETERANS DAY, OUR 9/11 MEMORIAL SERVICES AT RIVERLINK

                    PARK IN AMSTERDAM, AND I'M VERY PLEASED TO HAVE HIM JOINING US HERE

                    TODAY TO BE ABLE TO TOUR THE CAPITOL AND JOIN US TO WATCH THE

                    PROCEEDINGS WITH HIS FAMILY.  MR. SPEAKER, IF YOU WOULD WELCOME

                    BRODY AND HIS FAMILY TO THE CHAMBER AND EXTEND TO HIM THE

                    CORDIALITIES OF THE HOUSE.

                                 ACTING SPEAKER ZEBROWSKI:  SURE.  ON

                    BEHALF OF MR. SANTABARBARA, THE SPEAKER AND ALL THE MEMBERS, WE

                    WELCOME THIS DISTINGUISHED GUEST AND YOUNG LEADERS HERE TO THE

                    CHAMBER.  WE EXTEND THE PRIVILEGES OF THE FLOOR, HOPE YOU ENJOY THE

                    PROCEEDINGS TODAY.  AND WE THANK YOU FOR ALL YOU'RE DOING FOR YOUR

                                          6



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    COMMUNITY AND THE GREAT STATE OF NEW YORK.  THANKS SO MUCH FOR

                    JOINING US HERE TODAY.

                                 (APPLAUSE)

                                 MS. CHANDLER-WATERMAN FOR AN INTRODUCTION.

                                 MS. CHANDLER-WATERMAN:  HELLO.  THIS FEELS

                    GREAT.  THANK YOU, MR. SPEAKER.  THANK YOU TO MAJORITY LEADER, THANK

                    YOU TO MY COLLEAGUES, THANK YOU FOR EVERYONE HERE.  THIS IS AN

                    AMAZING DAY.  I'D LIKE TO INTRODUCE MY FAMILY THAT'S HERE WITH ME.  MY

                    FATHER-IN-LAW WHO SERVED IN THE ARMED FORCES, RANDOLPH WATERMAN,

                    IF HE COULD PLEASE STAND, MY FATHER-IN-LAW, THANK YOU.

                                 (APPLAUSE)

                                 AND I ALSO WOULD LIKE TO INTRODUCE MY MOM WHO IS A

                    FRONTLINE WORKER, YVONNE CHANDLER.

                                 (APPLAUSE)

                                 AND MY HUSBAND OF OVER 21 YEARS, ERIC WATERMAN,

                    WHO IS ALSO A UNION MEMBER.

                                 (APPLAUSE)

                                 AND I HAVE FOUR BEAUTIFUL CHILDREN, I HAVE EYNIQUE -

                    PLEASE STAND - 20 YEARS OLD; MY SON, 19 YEARS OLD, ERIQUE; MY

                    DAUGHTER, 16 YEARS OLD, ENAY; AND ERYNN WATERMAN, THE BABY, WHO IS

                    14 YEARS OLD.

                                 (APPLAUSE)

                                 THANK YOU SO MUCH EVERYONE FOR TODAY.  THANK YOU.

                    THANK YOU.  THANK YOU.  PLEASE EXTEND THE CORDIALITIES TO THE FLOOR.

                    THANK YOU.

                                          7



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 (APPLAUSE)

                                 ACTING SPEAKER ZEBROWSKI:  THANK YOU.

                    THANK YOU.  ON BEHALF OF MS. CHANDLER-WATERMAN, THE SPEAKER AND

                    ALL THE MEMBERS, WE WELCOME THIS FAMILY HERE.  I KNOW THIS IS AN

                    ESPECIALLY PROUD DAY FOR YOU, AND WE SHOULD LET YOU KNOW THAT MS.

                    CHANDLER-WATERMAN IS A MEMBER OF OUR ASSEMBLY FAMILY NOW, AND SO

                    ARE YOU.  THANKS SO MUCH FOR JOINING US HERE TODAY.  WE EXTEND THE

                    PRIVILEGES OF THE FLOOR AND HOPE YOU ENJOY TODAY'S PROCEEDINGS.

                    THANKS.

                                 (APPLAUSE)

                                 MR. TAGUE FOR THE PURPOSES OF AN INTRODUCTION.

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

                    I INTRODUCE MY GUESTS, I JUST WANT TO SHOUT OUT TO MR. JACKSON AND HIS

                    TEAM HERE FOR KEEPING US SAFE AND TAKING CARE OF US HERE JUST A FEW

                    MINUTES AGO.  SO MR. JACKSON, THANK YOU.

                                 (APPLAUSE)

                                 WITH THAT, MR. SPEAKER, IT IS MY HONOR TODAY TO

                    INTRODUCE TO YOU SAVANNAH TRAVERSE, VICE PRESIDENT OF THE SCHOHARIE

                    VALLEY FFA, A 10TH GRADER AT SCHOHARIE CENTRAL SCHOOL, MY ALMA

                    MATER AND FROM MY HOMETOWN.  ALSO, HER MOM CYNTHIA TRAVERSE.

                    CYNTHIA IS AN ACTIVE MEMBER OF THE UNITED STATES ARMY, FIRST CLASS

                    DRILL SERGEANT WITH OVER 20 YEARS OF ACTIVE SERVICE TO OUR NATION.  I

                    ALSO WANT TO INTRODUCE MY CHIEF-OF-STAFF'S GRANDDAUGHTER, MOLLIE

                    GOBLET-SCHUBERT, ALSO A MEMBER OF THE SCHOHARIE VALLEY FFA, AND SHE

                    IS A 6TH GRADER ALSO AT MY ALMA MATER, SCHOHARIE CENTRAL SCHOOL.

                                          8



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 THESE TWO YOUNG LADIES WERE HERE TODAY TO HELP

                    SUPPORT A BILL THAT I HOPE WILL SOME DAY MAKE IT TO THIS FLOOR AND GET

                    PASSED HAVING TO DO WITH WHOLE MILK.  SO MR. SPEAKER, IF YOU WOULD

                    PLEASE, PLEASE GIVE THE PRIVILEGES OF THE FLOOR AND ALL THE CORDIALITIES OF

                    THE PEOPLE'S HOUSE TO MY GUESTS TODAY, AND THANK YOU VERY MUCH.

                                 ACTING SPEAKER ZEBROWSKI:  THANK YOU.

                    FIRST TO THE MEMBER OF OUR MILITARY, THANK YOU FOR THE SERVICE TO OUR

                    NATION.  AND ALSO TO THESE YOUNG LEADERS, IT'S GREAT TO HAVE SO MANY

                    YOUNG PEOPLE TODAY HERE IN THE CHAMBERS.  ON BEHALF OF MR. TAGUE,

                    THE SPEAKER AND ALL THE MEMBERS, WE WELCOME THESE DISTINGUISHED

                    GUESTS TO THE CHAMBER.  WE EXTEND THE PRIVILEGES OF THE FLOOR AND WE

                    HOPE YOU ENJOY TODAY'S PROCEEDINGS.  THANKS SO MUCH.

                                 (APPLAUSE)

                                 MR. GOODELL FOR THE PURPOSE OF AN INTRODUCTION.

                                 MR. GOODELL:  THANK YOU, SIR.  IT IS MY GREAT

                    PLEASURE TO INTRODUCE MY PREDECESSOR WHO DID A PHENOMENAL JOB AS

                    FLOOR LEADER FOR THE REPUBLICAN CONFERENCE, TOM MCKEVITT.  AND

                    THOSE OF WHO WERE AROUND BACK THEN CAN RECALL THE GOOD OLD DAYS

                    WHEN MR. MCKEVITT WAS AT THIS CHAIR AND THE CURRENT OCCUPANT WAS

                    SOMEWHERE ELSE.  BUT MR. MCKEVITT DID A PHENOMENAL JOB BOTH AS A

                    REPRESENTATIVE OF HIS DISTRICT ON LONG ISLAND, AS WELL AS REPRESENTING

                    THE PEOPLE IN THE STATE OF NEW YORK.  HE CAME UP TO VISIT US TODAY AND

                    WE TOOK NO HESITATION IN BRINGING HIM IN AND HAVING HIM GIVE US

                    ADVICE ON TODAY'S CALENDAR.  AND I MIGHT ADD THAT HIS ADVICE WAS MORE

                    ACCURATE TO OUR FLOOR MINORITY LEADER THAN MY ADVICE WAS, WHICH

                                          9



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    SHOULD BE NO SURPRISE TO ANY OF YOU.  BUT IF YOU WOULD PLEASE EXTEND

                    THE CORDIALITIES TO MY PREDECESSOR, MY MENTOR, MY FRIEND, AND A GREAT

                    PUBLIC SERVANT, TOM MCKEVITT.

                                 ACTING SPEAKER ZEBROWSKI:  MR. MCKEVITT,

                    A GOOD FRIEND OF THE CHAMBER.  THANKS SO MUCH FOR JOINING US AGAIN.

                    IT'S GREAT TO SEE YOU.  ONCE AN ASSEMBLYMEMBER, ALWAYS AN

                    ASSEMBLYMEMBER.  WE HOPE YOU WILL VISIT US MORE OFTEN.  IT'S BEEN A

                    COUPLE YEARS, BUT WE CERTAINLY WELCOME YOU BACK HERE TO THE

                    CHAMBERS.  ON BEHALF OF MR. GOODELL, THE SPEAKER AND ALL THE

                    MEMBERS, WE WELCOME YOU, YOU DON'T NEED THE PRIVILEGES OF THE FLOOR

                    FROM US, YOU ALWAYS HAVE THEM, BUT THANKS AGAIN FOR JOINING US TODAY.

                                 (APPLAUSE)

                                 MR. BURDICK FOR THE PURPOSES OF AN INTRODUCTION.

                                 MR. BURDICK:  MR. SPEAKER, I THANK YOU AND I RISE

                    FOR THE PURPOSE OF AN INTRODUCTION OF GUESTS FROM MY DISTRICT.  I'M VERY

                    PLEASED TO INTRODUCE FOUR STUDENTS WHO ARE VOLUNTEERS IN MY DISTRICT

                    OFFICE.  NADIA NABEEL WHO IS A SENIOR AT THE HORACE GREELEY HIGH

                    SCHOOL, A RESIDENT IN NEW CASTLE, AND WILL BE ATTENDING BINGHAMTON

                    UNIVERSITY IN THE FALL MAJORING IN POLITICAL SCIENCE AND ECONOMICS;

                    ISABELLE SAFAREY IS A JUNIOR AT BYRAM HILLS HIGH SCHOOL AND A RESIDENT

                    OF NORTH CASTLE AND IS ABSOLUTELY PASSIONATE ABOUT PUBLIC POLICY AND

                    THE LAW; FLORA ELGAMIN, A SENIOR AT JOHN JAY HIGH SCHOOL, LIVES IN

                    LEWISBORO, WILL BE ATTENDING SKIDMORE COLLEGE IN THE FALL MAJORING IN

                    POLITICAL SCIENCE AND INTERNATIONAL AFFAIRS; AND JACK QUINN WHO IS A

                    SENIOR AT BUCKNELL UNIVERSITY MAJORING IN POLITICAL SCIENCE AND

                                         10



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    ENVIRONMENTAL STUDIES.  HE IS A RESIDENT IN BEDFORD AND PASSIONATE

                    ABOUT THE ENVIRONMENT AND SUSTAINABILITY.  HE ALSO IS ACCOMPANIED BY

                    HIS PARENTS, CLAIRE QUINN AND TIM QUINN.

                                 AND, MR. SPEAKER, I ASK THAT YOU KINDLY EXTEND

                    PRIVILEGES, CORDIALITIES, AND COURTESIES OF THE HOUSE TO OUR GUESTS.

                                 ACTING SPEAKER ZEBROWSKI:  THANK YOU TO

                    THESE SCHOLARS AND FUTURE LEADERS.  WE LOOK FORWARD TO SEEING THE

                    FUTURES OF ALL THE YOUNG PEOPLE THAT ARE VISITING US HERE TODAY.  ON

                    BEHALF OF MR. BURDICK, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME

                    THESE DISTINGUISHED GUESTS TO OUR CHAMBERS.  WE EXTEND THE PRIVILEGES

                    OF THE FLOOR AND WE HOPE YOU ENJOY TODAY'S PROCEEDINGS.  THANKS SO

                    MUCH FOR JOINING US.

                                 (APPLAUSE)

                                 MS. FORREST FOR THE PURPOSES OF AN INTRODUCTION.

                                 MS. FORREST:  THANK YOU, MR. SPEAKER.  TODAY, IN

                    RECOGNITION OF HAITIAN HERITAGE MONTH AND HAITIAN UNITY DAY, THE

                    HAITIAN ELECTED OFFICIALS, THE LARGEST CARIBBEAN DELEGATION IN NEW

                    YORK STATE LEGISLATURE WOULD LOVE TO RECOGNIZE DR. MONALISA FERRARI

                    FOR HER EXEMPLARY COMMUNITY SERVICE.  KNOWN AS AN EDUCATOR,

                    COMMUNITY LEADER, MEDIA EXPERT AND PHILANTHROPIST, DR. FERRARI STARTED

                    HER CAREER IN EDUCATION IN 1985 AS AN ADULT LITERACY AND ESL TEACHER.

                    DR. FERRARI IS CURRENTLY A DIRECTOR OF PROFESSIONAL DEVELOPMENT AT THE

                    NEW YORK CITY DEPARTMENT OF EDUCATION.  SHE IS ALSO PRESIDENT OF THE

                    HAITIAN EDUCATORS LEAGUE FOR PROGRESS, A NON-PROFIT COMMUNITY-BASED

                    ORGANIZATION SERVING HAITIAN EDUCATORS IN NEW YORK CITY AND IN HAITI.

                                         11



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 BUT SHE DOES GO BEYOND EDUCATION.  DR. FERRARI'S

                    VISION TO SEE A MORE UNIFIED AND FORTIFIED HAITI AND HAITIAN DIASPORA,

                    WHICH SHE WORKS RELENTLESSLY IN BUILDING SUSTAINABLE PARTNERSHIPS WITH

                    MANY ORGANIZATIONS IN U.S. AND IN HAITI.  DR. MONALISA IS ALSO THE

                    FOUNDER AND PRESIDENT OF FOUNDATION FOR THE EMANCIPATION OF WOMEN

                    AND GIRLS, FEWGI, LOCATED IN TEN CITIES IN NEW YORK -- IN HAITI,

                    DOMINICAN REPUBLIC, BRAZIL, CHILE, USA AND SOON TO BE IN ANGOLA,

                    AFRICA.  SHE ALSO CO-FOUNDED DREP, DISASTER RELIEF AND EMERGENCY

                    PREPAREDNESS, BY PUTTING TOGETHER OVER 200 PROFESSIONALS FROM AN ARRAY

                    OF BACKGROUNDS TO ASSIST IN THE MOST RECENT HAITI EARTHQUAKE RELEASE --

                    RELIEF.  AND SOON -- AND THEREAFTER, MOBILIZED (INAUDIBLE) WITH THE

                    TEXAS MIGRANT CRISIS.

                                 SHE IS ALSO ACCOMPANIED BY HER DAUGHTERS, VICTORIA,

                    WHO IS CURRENTLY AT HOWARD, AND WE HAVE -- NO, SORRY.  PRINCESS IS AT

                    HOWARD AND VICTORIA IS AT SUNY ALBANY.  DR. FERRARI'S ADVOCACY AND

                    PURE COMMITMENT TO THE HAITIAN DIASPORA IS A WONDERFUL, WONDERFUL

                    THING TO DO AND THAT'S WHY WE SAY THANK YOU, THANK YOU, THANK YOU.

                    MERCI.  (SPEAKING FOREIGN LANGUAGE).  YOU ARE THE EPITOME OF

                    (SPEAKING FOREIGN LANGUAGE).  THANK YOU.

                                 (APPLAUSE)

                                 ACTING SPEAKER ZEBROWSKI:  DOCTOR, TO YOU

                    AND YOUR FAMILY, THANK YOU SO MUCH FOR WHAT YOU'VE DONE TO ENRICH

                    OUR COMMUNITY, THE STATE AND BEYOND.  ON BEHALF OF MS. FORREST, THE

                    SPEAKER AND ALL THE MEMBERS, WE WELCOME THIS DISTINGUISHED GUEST TO

                    OUR CHAMBERS.  WE EXTEND THE PRIVILEGES OF THE FLOOR AND WE HOPE YOU

                                         12



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    ENJOY TODAY'S PROCEEDINGS.  THANK YOU SO MUCH.

                                 (APPLAUSE)

                                 MS. FORREST FOR ANOTHER INTRODUCTION.

                                 MS. FORREST:  ALSO IN HONOR OF HAITIAN UNITY DAY,

                    I WOULD LIKE TO INTRODUCE A PROMINENT MEMBER OF MY DISTRICT, AD 57.

                    PASTOR VALENTINO DAVIS IS A SPIRITUAL PILLAR IN THE COMMUNITY.  HE IS A

                    PASTOR AT OPEN HEAVEN PROPHETIC INTERNATIONAL MINISTRIES.  HE IS OF

                    HAITIAN DESCENT AND AN EXAMPLE WHEN (SPEAKING FOREIGN LANGUAGE)

                    MEANING CHURCH, SCHOOL, AND HOME GOES RIGHT.  HE IS A WORTHY

                    HUSBAND TO WILLEAN DAVIS AND A PROUD FATHER OF ANAYAH, YANARI,

                    EZEKIEL AND JAMIAH.  HE IS A GREAT MEMBER OF MY ASSEMBLY DISTRICT

                    AND A WONDERFUL CITIZEN OF NEW YORK STATE.  THANK YOU FOR YOUR

                    SERVICE.

                                 ACTING SPEAKER ZEBROWSKI:  PASTOR, THANK

                    YOU ALSO FOR YOUR CONTRIBUTIONS TO YOUR COMMUNITY AND TO THE GREAT

                    STATE OF NEW YORK.  ON BEHALF OF MS. FORREST, WE ALSO WELCOME YOU,

                    ON BEHALF OF THE SPEAKER, ALSO AND ALL THE MEMBERS, WE EXTEND THE

                    PRIVILEGES OF THE FLOOR AND WE HOPE YOU ENJOY TODAY'S PROCEEDINGS.

                    THANKS SO MUCH.

                                 (APPLAUSE)

                                 RESOLUTIONS ON PAGE 3, THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 1017, RULES

                    AT THE REQUEST OF MS. SOLAGES.

                                 LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

                    KATHY HOCHUL TO PROCLAIM MAY 2022 AS TRAUMA-INFORMED CARE

                                         13



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    MONTH IN THE STATE OF NEW YORK.

                                 ACTING SPEAKER ZEBROWSKI:  ON THE

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

                    RESOLUTION IS ADOPTED.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 1018, RULES

                    AT THE REQUEST OF MR. K. BROWN.

                                 LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

                    KATHY HOCHUL TO PROCLAIM SEPTEMBER 2021 AS RECOVERY MONTH IN THE

                    STATE OF NEW YORK.

                                 ACTING SPEAKER ZEBROWSKI:  ON THE

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

                    RESOLUTION IS ADOPTED.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 1019, RULES

                    AT THE REQUEST OF MR. JENSEN.

                                 LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

                    KATHY HOCHUL TO PROCLAIM NOVEMBER 10, 2022 AS NET CANCER DAY IN

                    THE STATE OF NEW YORK.

                                 ACTING SPEAKER ZEBROWSKI:  ON THE

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

                    RESOLUTION IS ADOPTED.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 1020, RULES

                    AT THE REQUEST OF MS. RAJKUMAR.

                                 LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

                    KATHY HOCHUL TO PROCLAIM MAY 26TH, 2022 AS GUYANESE INDEPENDENCE

                    DAY IN THE STATE OF NEW YORK.

                                         14



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 ACTING SPEAKER ZEBROWSKI:  ON THE

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

                    RESOLUTION IS ADOPTED.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 1021, RULES

                    AT THE REQUEST OF MR. CUSICK.

                                 LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

                    KATHY HOCHUL TO PROCLAIM AUGUST 7TH, 2022 AS PURPLE HEART DAY IN

                    THE STATE OF NEW YORK.

                                 ACTING SPEAKER ZEBROWSKI:  ON THE

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

                    RESOLUTION IS ADOPTED.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 1022, RULES

                    AT THE REQUEST OF MR. EPSTEIN.

                                 LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

                    KATHY HOCHUL TO PROCLAIM NOVEMBER 1ST, 2022 AS VEGAN DAY IN THE

                    STATE OF NEW YORK.

                                 ACTING SPEAKER ZEBROWSKI:  ON THE

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

                    RESOLUTION IS ADOPTED.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 1023, RULES

                    AT THE REQUEST OF MS. JEAN-PIERRE.

                                 LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

                    KATHY HOCHUL TO PROCLAIM SEPTEMBER 16TH-22ND, 2022 AS DIVERSITY IN

                    STEM AND TECH WEEK IN THE STATE OF NEW YORK.

                                 ACTING SPEAKER ZEBROWSKI:  ON THE

                                         15



                    NYS ASSEMBLY                                                        MAY 31, 2022

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

                    RESOLUTION IS ADOPTED.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 1024, RULES

                    AT THE REQUEST OF MS. SOLAGES.

                                 LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

                    KATHY HOCHUL TO PROCLAIM MAY 31ST, 2022 AS HAITIAN UNITY DAY IN THE

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

                    HERITAGE MONTH.

                                 ACTING SPEAKER ZEBROWSKI:  MS. SOLAGES ON

                    THE RESOLUTION.

                                 MS. SOLAGES:  I SAY TO ALL MY COLLEAGUES, FRIENDS,

                    GUESTS, WELCOME.  IT'S HAITIAN UNITY DAY.  SO EACH YEAR WE SET ASIDE

                    TIME TO RECOGNIZE HAITIAN UNITY DAY AND STAND IN SOLIDARITY WITH

                    HAITIAN-AMERICANS.  THE CELEBRATION OF HAITIAN UNITY DAY AND HAITIAN

                    HERITAGE MONTH PROVIDES NEW YORKERS WITH AN OPPORTUNITY TO SHARE

                    AND DEMONSTRATE PRIDE IN HAITIAN CULTURE AND HISTORY WHILE

                    MAINTAINING OUR SELF-IDENTITY.  ALTHOUGH WE MOVE PLACES LIKE

                    BASSIN-BLEU TO BROOKLYN, OR FROM PORT-AU-PRINCE TO SPRING VALLEY, OR

                    FROM CAP-HAĎTIEN TO ELMONT, THE HAITIAN DIASPORA ALWAYS IS GRATIFYING

                    THEIR LOVE FOR UNITY AND FOR THE FIGHT OF FREEDOM.  AND AS A

                    HAITIAN-AMERICAN, I REALLY OWE TO MY ANCESTORS WHO FOUGHT SO

                    COURAGEOUSLY TO CONTINUE REMINDING PEOPLE OF THE PRIDE THAT WE HAVE

                    IN OUR -- IN OUR COUNTRY AND ALSO OUR FIGHT FOR FREEDOM.

                                 SO HAITI, AS YOU KNOW, HAS SUFFERED FROM FRESH

                    POLITICAL INSTABILITY AND NATURAL DISASTERS.  WE HAD THE ASSASSINATION OF

                                         16



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    OUR PRESIDENT, OUR FORMER PRESIDENT, ANOTHER EARTHQUAKE WHICH KILLED

                    2,000 PEOPLE.  EVERY DAY WE PRAY FOR STABILITY IN OUR COUNTRY, BUT TO

                    ME THIS CURRENT FEDERAL ADMINISTRATION DISRESPECTS THE HAITIAN

                    MIGRANTS CROSSING AT THE RIO GRANDE AND SWIFTLY DEPORTING THOUSANDS

                    OF MIGRANTS UNDER TITLE II CANNOT BE, YOU KNOW, NOT BE LOOKED AND

                    GLAZED OVER.  WE NEED TO DENOUNCE THIS TERRIBLE, TERRIBLE WRONG.

                                 YOU KNOW, I WAS GOING TO DO (INAUDIBLE), BUT FOR THE

                    SAKE OF SESSION I FOUND A PROVERB AND IT'S (SPEAKING FOREIGN LANGUAGE),

                    WHICH IS WHAT THEY SAY IS THAT WE ARE LIKE THE SEA.  WE WASH AWAY THE

                    DIRT.  IT MEANS THAT NO MATTER WHAT HAPPENS TO US, WE WILL GET UP AND

                    RISE AGAIN.  SO MR. SPEAKER, AS YOU KNOW, HAITI HAS ALWAYS BEEN THE

                    JEWEL, OR AS THEY SAY THE PEARL OF THE CARIBBEAN, A PLACE, A MAGICAL,

                    BEAUTIFUL LAND.  AND IT'S A BEACON OF BLACK FREEDOM IN THE WESTERN

                    HEMISPHERE.  SO I KNOW THAT WHEN WE SAY EVERY DAY UNITY MAKES

                    STRENGTH, IT IS SOMETHING THAT WE EMBODY AND THAT IS TRUE.  AND SO IT'S

                    REALLY A PRIVILEGE TO WORK WITH MY COLLEAGUES TO PASS THIS RESOLUTION

                    AND COMMEMORATE MAY 31ST AS HAITIAN UNITY DAY.  THANK YOU.

                                 (APPLAUSE)

                                 ACTING SPEAKER ZEBROWSKI:  THANK YOU.

                                 ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

                    AYE; OPPOSED, NO.  THE RESOLUTION IS ADOPTED.

                                 (APPLAUSE)


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 1025, RULES

                    AT THE REQUEST OF MR. DESTEFANO.

                                 LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

                                         17



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    KATHY HOCHUL TO PROCLAIM JUNE 2022 AS GREAT OUTDOORS MONTH IN THE

                    STATE OF NEW YORK.

                                 ACTING SPEAKER ZEBROWSKI:  MR. DESTEFANO

                    ON THE RESOLUTION.

                                 MR. DESTEFANO:  I'M GLAD MY COLLEAGUE BROKE THE

                    ICE, BECAUSE I WAS AFRAID I WAS GOING TO HAVE TO DO IT, BUT THANKS, MR.

                    SPEAKER, FOR THE OPPORTUNITY.  NOW, MORE THAN EVER, PEOPLE ARE FEELING

                    THE NEED TO GET OUT OF THE HOUSE AND GO.  WE'VE BEEN COOPED UP FOR

                    WAY TOO LONG AND HAVE TO GET AWAY FROM OUR TELEVISIONS AND OUR

                    COMPUTERS.  WE NEED TO ESCAPE TO THE GREAT OUTDOORS.  NEW YORK IS

                    BLESSED WITH AN INCREDIBLY AMOUNT OF NATURAL TREASURES, FROM THE

                    MOUNTAINS TO THE SEA AND VAST OPEN SPACES AND VIBRANT FORESTS,

                    BEACHES, PARKS AND VISTAS, OUR STATE HAS IT ALL.  YOU CAN GO TO SEE

                    NIAGARA FALLS OR VISIT THE WINE REGIONS OF THE FINGER LAKES, OR LONG

                    ISLAND'S EAST END, YOU CAN HIKE THE APPALACHIAN TRAIL OR VISIT BEACHES

                    IN THE HAMPTONS THAT WERE NAMED THE BEST IN THE WORLD.  OUR STATE HAS

                    WINDMILLS AND HISTORICAL PLACES, THE ERIE CANAL, LAKE GEORGE, LAKE

                    CHAMPLAIN, AND WE BORDER TWO GREAT LAKES.  YOU CAN HIT THE HIGH

                    LINE OF NEW YORK CITY OR CHECK OUT THE MOHONK MOUNTAIN IN THE

                    HUDSON VALLEY AND MANY OTHER MOUNTAINS IN THE CATSKILLS,

                    ADIRONDACKS, TACONIC, AND OTHER RANGES.  GO WALK OVER THE NATURAL

                    STONE BRIDGE IN POTTERSVILLE OR STROLL THROUGH CONNETQUOT STATE PARK, OR

                    WILDWOOD OR TACONIC FALLS, OR WATKINS GLEN, SENECA LAKE AND

                    SARATOGA SPA, PALISADES, PEEBLES ISLAND, ANOTHER ONE OF 180 STATE PARKS

                    THIS GREAT STATE HAS TO OFFER.

                                         18



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 I COULD GO ON, BUT WHY DO THAT?  JUST GO OUT AND ENJOY

                    THEM.  TO RECOGNIZE OUR IMMENSE RESOURCES AND ENCOURAGE EVERYONE

                    TO GET OUT AND ENJOY THEM, I INTRODUCE THIS RESOLUTION TO PROCLAIM THE

                    MONTH OF JUNE AS THE GREAT OUTDOORS MONTH IN THE STATE OF NEW YORK.

                    THE GREAT OUTDOORS ARE THERAPEUTIC, THEY ARE HEALTHY.  WE CAN GO AND

                    CLEAR OUR MINDS, RECONNECT WITH OUR FAMILY AND FRIENDS.  WE CAN HIKE,

                    JOG, SKI, SWIM, OR SIMPLY MEDITATE.  THERE ARE FLORA AND FAUNA TO SPARK

                    THE IMAGINATION, WATERFALLS AND CRASHING WAVES, SUNSETS, MOON RISES,

                    AND PALLETS OF COLOR ALL THERE FOR OUR APPRECIATION.  DON'T BE A

                    HOMEBODY, JUNE IS NATIONAL GREAT OUTDOORS MONTH, AND WE SHALL

                    HAVE, WITH THE CONCURRENCE OF THIS LEGISLATIVE BODY, A GREAT OUTDOOR

                    CELEBRATION HERE IN THE EMPIRE STATE.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER ZEBROWSKI:  THANK YOU.

                                 ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

                    AYE; OPPOSED, NO.  THE RESOLUTION IS ADOPTED.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 1026, RULES

                    AT THE REQUEST OF MR. BYRNE.

                                 LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

                    KATHY HOCHUL TO PROCLAIM OCTOBER 15TH, 2022 AS PREGNANCY AND

                    INFANT LOSS REMEMBRANCE DAY IN THE STATE OF NEW YORK.

                                 ACTING SPEAKER ZEBROWSKI:  MR. BYRNE ON

                    THE RESOLUTION.

                                 MR. BYRNE:  THANK YOU, MR. SPEAKER.  I'M PROUD TO

                    RISE FOR THIS RESOLUTION.  THERE'S A LOT OF RESOLUTIONS THAT I SUBMIT EACH

                    LEGISLATIVE SESSION, BUT THIS ONE IS A SPECIAL ONE FOR ME AND MANY

                                         19



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    FAMILIES.  WELL, NOT PERSONALLY IN MY IMMEDIATE FAMILY, BUT CERTAINLY

                    MY EXTENDED FAMILY HAS BEEN AFFECTED BY STILLBIRTH.  AND THIS IS A VERY

                    SPECIAL DAY TO REMEMBER THOSE, YOU KNOW, THOSE LOST LOVED ONES THAT

                    WERE LOST EITHER DUE TO MISCARRIAGE, STILLBIRTH, SIDS, OR THE DEATH OF A

                    NEWBORN.

                                 AND I JUST WANTED TO SHARE SOME INFORMATION WITH MY

                    COLLEAGUES THAT ACROSS OUR COUNTRY, STILLBIRTH CLAIMS OVER 26,000 BABIES

                    EVERY YEAR IN THE UNITED STATES.  THAT'S 26,000 MOTHERS, FATHERS AND

                    OTHER RESPECTIVE FAMILY MEMBERS WHO ARE AFFECTED BY THIS TERRIBLE LOSS.

                    THAT EQUALS ONE IN 160 PREGNANCIES IN THE UNITED STATES OR IN OTHER

                    WORDS, 70 BABIES, A SCHOOL BUS FULL OF CHILDREN, EVERY SINGLE DAY.  THE

                    NATIONAL AVERAGE OR RATE OF STILLBIRTH IS 5.7 PER 1,000, SO IT'S 21,478

                    TOTAL STILLBIRTHS ACROSS THE COUNTRY.  THIS IS FROM A SCORECARD THAT'S

                    DEVELOPED BY THE STAR LEGACY FOUNDATION.  AND SADLY, TRAGICALLY

                    ACROSS OUR COUNTRY, THERE'S MAJOR DISPARITIES AND NATIONALLY IF YOU LOOK

                    AT NATIVE AMERICANS, ALASKAN NATIVE, ASIAN/PACIFIC ISLANDER, WHITE,

                    HISPANIC, THE AVERAGE IS ALL UNDER 5 PER 1,000 LIVEBIRTHS, BUT BLACK

                    AFRICAN-AMERICANS HAVE OVER 10 PER 1,000 LIVE BIRTHS.  NOW, WE'RE

                    FORTUNATE THAT IN NEW YORK, THAT DISPARITY IS MUCH LESS PRONOUNCED.

                    IT'S ALL IN BETWEEN FOUR AND FIVE, BUT SADLY THE TOTAL NUMBER OF LIVE

                    BIRTHS IS LARGER WHEN YOU COMPARE IT TO OTHER STATES PROPORTIONATELY.

                                 THIS IS AN IMPORTANT DAY, AND I WANT TO THANK MY

                    COLLEAGUES FOR SUPPORTING THIS RESOLUTION.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER ZEBROWSKI:  THANK YOU.

                                 ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

                                         20



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    AYE; OPPOSED, NO.  THE RESOLUTION IS ADOPTED.

                                 ON THE A-CALENDAR, PAGE 3, RULES REPORT NO. 435,

                    THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A00025, RULES REPORT

                    NO. 435, CAHILL, BICHOTTE HERMELYN.  AN ACT TO AMEND THE EXECUTIVE

                    LAW, IN RELATION TO EXEMPTING CERTAIN UTILITY AND OTHER WORKERS FROM

                    STATE AND LOCAL TRAVELING BANS DURING DECLARED EMERGENCIES.

                                 ACTING SPEAKER ZEBROWSKI:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON RULES REPORT NO. 435.  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. A00276-A, RULES

                    REPORT NO. 436, ZEBROWSKI, LAWLER.  AN ACT TO AMEND THE EXECUTIVE

                    LAW, IN RELATION TO MINIMUM STANDARDS FOR CODE ENFORCEMENT

                    PERSONNEL.

                                 ACTING SPEAKER ZEBROWSKI:  ON A MOTION BY

                    MR. ZEBROWSKI, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                                         21



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    ADVANCED.  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A00873-A, RULES

                    REPORT NO. 437, CAHILL, L. ROSENTHAL, THIELE, SIMON, COLTON,

                    ENGLEBRIGHT.  AN ACT TO AMEND THE PUBLIC SERVICE LAW, IN RELATION TO

                    UTILITY INTERVENOR REIMBURSEMENT; AND TO AMEND THE STATE FINANCE

                    LAW, IN RELATION TO ESTABLISHING THE UTILITY INTERVENOR ACCOUNT.

                                 ACTING SPEAKER ZEBROWSKI:  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. A01007-A, RULES

                    REPORT NO. 438, PAULIN, DINOWITZ, JACOBSON, WOERNER, THIELE,

                    WALCZYK, MORINELLO, BYRNES, GOTTFRIED, MCDONOUGH, RA, SMULLEN,

                    FAHY, STECK, KELLES, DURSO, MCMAHON, FORREST, HEVESI, SIMON,

                    BURDICK, FRONTUS, CRUZ, GLICK, NORRIS, SALKA, DE LOS SANTOS,

                    GONZÁLEZ-ROJAS, EPSTEIN, GALEF, BUTTENSCHON.  AN ACT TO AMEND THE

                    VEHICLE AND TRAFFIC LAW, IN RELATION TO AUTHORIZING CITIES, VILLAGES AND

                    TOWNS TO REDUCE THE SPEED LIMIT TO 25 MILES-PER-HOUR.

                                 ACTING SPEAKER ZEBROWSKI:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON ASSEMBLY BILL 1007-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.

                                         22



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A01431, RULES REPORT

                    NO. 439, DINOWITZ, GRIFFIN, ENGLEBRIGHT, GALEF, ABINANTI.  AN ACT TO

                    AMEND THE STATE FINANCE LAW, IN RELATION TO INCREASING THE AMOUNT OF

                    THE AWARD TO A PERSON WHO INITIATES A QUI TAM ACTION WHERE SUCH ACTION

                    INCLUDES DISCLOSURE OF INFORMATION RELATED TO THE USE OF GOVERNMENT

                    FUNDS DURING A STATE OF EMERGENCY.

                                 ACTING SPEAKER ZEBROWSKI:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON ASSEMBLY BILL 1431.  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. A02157-A, RULES

                    REPORT NO. 440, FERNANDEZ, VANEL, SOLAGES, WILLIAMS, EPSTEIN,

                    DICKENS, HYNDMAN, NORRIS, ROZIC, COLTON, ENGLEBRIGHT, GRIFFIN,

                                         23



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    ABINANTI, STECK, REILLY, SMULLEN, DESTEFANO.  AN ACT TO AMEND THE

                    STATE TECHNOLOGY LAW, IN RELATION TO STATE AGENCY WEBSITES.

                                 ACTING SPEAKER ZEBROWSKI:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT ON THE 365TH

                    DAY.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON ASSEMBLY BILL 2157-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. A02620, RULES REPORT

                    NO. 441, THIELE, RA, MCDONOUGH, STIRPE, GALEF, GONZÁLEZ-ROJAS,

                    SILLITTI, ENGLEBRIGHT, SIMON, COLTON, GOTTFRIED, JEAN-PIERRE, ABBATE,

                    KELLES, STECK, FERNANDEZ, BURDICK, J. A. GIGLIO, GRIFFIN, OTIS, ASHBY.

                    AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO COST RECOVERY BY

                    MUNICIPALITIES AND OTHER RECIPIENTS FROM RESPONSIBLE PARTIES AND

                    ENSURES THAT RESPONSIBLE PARTIES DO NOT BENEFIT FROM STATE ASSISTANCE

                    PAYMENTS OR GRANTS MADE BY THE ENVIRONMENTAL FACILITIES CORPORATION

                    TO MUNICIPALITIES AND RECIPIENTS.

                                 ACTING SPEAKER ZEBROWSKI:  ON A MOTION BY

                                         24



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    MR. THIELE, 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 ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON ASSEMBLY BILL 2620 -- SENATE BILL 956.  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. A03040-B, RULES

                    REPORT NO. 442, MCDONALD, BLANKENBUSH, TAGUE, WALCZYK, BRABENEC,

                    GOTTFRIED, JACKSON, STIRPE, GUNTHER, GRIFFIN, STECK, LUPARDO,

                    BUTTENSCHON, WOERNER, FAHY.  AN ACT TO AMEND THE EDUCATION LAW, IN

                    RELATION TO THE DEFINITION OF THE PRACTICE OF PHARMACY.

                                 ACTING SPEAKER ZEBROWSKI:  ON A MOTION BY

                    MR. MCDONALD, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A03166-A, RULES

                    REPORT NO. 443, DINOWITZ, ENGLEBRIGHT, SIMON, DICKENS, SAYEGH,

                    GOTTFRIED, OTIS.  AN ACT TO AMEND THE PUBLIC SERVICE LAW, IN RELATION

                    TO REQUIRING THE REGISTRATION OF ENERGY BROKERS AND ENERGY CONSULTANTS.

                                 ACTING SPEAKER ZEBROWSKI:  THE BILL IS LAID

                                         25



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A03179-D, RULES

                    REPORT NO. 444, FAHY, GOTTFRIED, JACKSON, MCDONALD, DICKENS,

                    THIELE, SEAWRIGHT, BURDICK, SIMON, STECK, WOERNER, K. BROWN, CLARK,

                    L. ROSENTHAL, OTIS.  AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO

                    REQUIRING ELECTRIC VEHICLE CHARGING STATIONS AND ELECTRIC VEHICLE

                    CAPABLE PARKING SPACES.

                                 ACTING SPEAKER ZEBROWSKI:  THE BILL IS LAID

                    ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A03642, RULES REPORT

                    NO. 445, L. ROSENTHAL, STECK.  AN ACT IN RELATION TO DETERMINING

                    WHETHER THE STATE CAN CLAIM FEDERAL FINANCIAL PARTICIPATION FOR

                    COVERAGE OF AND PAYMENT FOR CERTAIN PRESCRIPTION DIGITAL THERAPEUTICS.

                                 ACTING SPEAKER ZEBROWSKI:  ON A MOTION BY

                    MS. ROSENTHAL, 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 ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON SENATE BILL 559.  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.)

                                         26



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A04285-A, RULES

                    REPORT NO. 446, L. ROSENTHAL, FORREST, SEAWRIGHT, AUBRY, J. RIVERA,

                    BICHOTTE HERMELYN, HEVESI, CARROLL, CLARK, ZINERMAN, SIMON,

                    JACKSON, MITAYNES, GONZÁLEZ-ROJAS, SOLAGES, REYES, FERNANDEZ,

                    BURGOS, JEAN-PIERRE, QUART, CRUZ, EPSTEIN.  AN ACT TO AMEND THE PUBLIC

                    HEALTH LAW, IN RELATION TO PROHIBITING DRUG OR ALCOHOL TESTING AND

                    SCREENING OF PREGNANT OR POSTPARTUM INDIVIDUALS.

                                 ACTING SPEAKER ZEBROWSKI:  THE BILL IS LAID

                    ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A04454-B, RULES

                    REPORT NO. 447, ABBATE, GRIFFIN, COLTON.  AN ACT TO AMEND THE

                    RETIREMENT AND SOCIAL SECURITY LAW, IN RELATION TO PROVIDING A LUNG

                    DISEASE PRESUMPTION FOR CORRECTION OFFICERS, CORRECTION SUPERVISORS,

                    DEPUTY SHERIFF PATROL OR DEPUTY SHERIFF PATROL SUPERVISORS.

                                 ACTING SPEAKER ZEBROWSKI:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON ASSEMBLY BILL 4454-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.)

                                 MR. GOODELL TO EXPLAIN HIS VOTE.

                                         27



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 MR. GOODELL:  THANK YOU, SIR.  THIS BILL PROVIDES

                    THAT ANY MEMBER OF THE NEW YORK STATE AND LOCAL EMPLOYEES'

                    RETIREMENT SYSTEM THAT'S EMPLOYED AS A CORRECTIONAL OFFICER, A DEPUTY

                    SHERIFF, PATROL OFFICER OR A DEPUTY SHERIFF PATROL SUPERVISOR WHO COMES

                    DOWN WITH LUNG DISEASE HAS THE PRESUMPTION THAT THAT LUNG DISEASE WAS

                    RELATED TO THEIR EMPLOYMENT.  AND WHILE I'M A STRONG SUPPORTER OF BOTH

                    OUR CORRECTIONAL OFFICERS AND OUR POLICE OFFICERS, I DON'T THINK IT'S

                    APPROPRIATE TO SAY THAT IF YOU COME DOWN WITH LUNG DISEASE IT'S

                    AUTOMATICALLY THE RESULT OF YOUR EMPLOYMENT, MAKING YOU ELIGIBLE FOR

                    SPECIAL DISABILITY BENEFITS WITHOUT ANY MEDICAL NEXUS.  AND SO THE

                    CURRENT SYSTEM SAYS IF YOU CAN ESTABLISH THAT YOUR IMPAIRMENT WAS AS A

                    RESULT OF YOUR EMPLOYMENT, YOU GET THESE EXTRA BENEFITS, BUT IF YOU

                    CAN'T, YOU DON'T.  THIS CHANGES THE PRESUMPTION AND I DON'T THINK

                    THERE'S ANY MEDICAL DATA TO BACK IT.

                                 SO WHILE I CERTAINLY BACK OUR OFFICERS, I DON'T THINK

                    THIS IS CHRISTMAS HERE IN THE FLOOR OF THE ASSEMBLY, AND I DON'T THINK

                    WE SHOULD MAKE MEDICAL PRESUMPTIONS THAT ARE NOT BACKED BY

                    EVIDENCE.  THANK YOU, SIR.

                                 ACTING SPEAKER ZEBROWSKI:  MR. GOODELL IN

                    THE NEGATIVE.

                                 MR. FITZPATRICK TO EXPLAIN HIS VOTE.

                                 MR. FITZPATRICK:  YEAH, THANK YOU, MR. SPEAKER.

                    HERE WE ARE AT THE END OF SESSION AND WE GET THESE BILLS COMING BEFORE

                    US AND IT'S NOT -- I AGREE COMPLETELY WITH WHAT THE PREVIOUS SPEAKER

                    SAID, BUT I BELIEVE -- YOU KNOW, WHEN I ASK MY FRIENDS IN THE UNIONS,

                                         28



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    DO WE BELIEVE IN COLLECTIVE BARGAINING, AND THEY OF COURSE SAY, YES,

                    WE BELIEVE VERY STRONGLY IN COLLECTIVE BARGAINING.  WELL THEN, THIS IS A

                    PERFECT OPPORTUNITY TO USE COLLECTIVE BARGAINING TO GAIN A BENEFIT SUCH

                    AS THIS.  THIS IS A VERY GENEROUS BENEFIT AND IT CAN BE A VERY EXPENSIVE

                    BENEFIT, AND I DO NOT BELIEVE IT IS UNFAIR OR UNREASONABLE TO ASK THAT

                    SOMETHING BE PUT ON THE TABLE TO HELP COVER THE COST OF THIS INSTEAD OF

                    MANDATING THIS ADDITIONAL COST ON THE TAXPAYER.

                                 AS THE PREVIOUS SPEAKER SAID AND I COMPLETELY AGREE

                    WITH RESPECT TO OUR CORRECTIONS OFFICERS, OUR SHERIFFS, ET CETERA, BUT

                    THERE HAVE TO BE LIMITS HERE.  AND THIS IS WHAT COLLECTIVE BARGAINING IS

                    ESTABLISHED TO WIN, TO PUT SOMETHING ON THE TABLE SO AS TO GAIN

                    SOMETHING.  IT'S A WONDERFUL BENEFIT.  IT WILL HELP A LOT OF PEOPLE I AM

                    SURE.  THE FEWER THE BETTER, FRANKLY, BUT THE -- AGAIN, NOT UNFAIR TO ASK

                    FOR THE DEPUTY SHERIFFS AND THE CORRECTIONS OFFICERS TO PUT SOMETHING ON

                    THE TABLE TO HELP THE TAXPAYERS COVER THE COST OF THIS.  THIS IS WHAT

                    COLLECTIVE BARGAINING IS ALL ABOUT, IT'S WHAT IT SHOULD BE USED FOR.  IT

                    SHOULD NOT COME THROUGH THE LEGISLATURE.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER ZEBROWSKI:  MR. FITZPATRICK

                    IN THE NEGATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A04607-B, RULES

                    REPORT NO. 448, ABBATE, GRIFFIN, DURSO, COLTON.  AN ACT TO AMEND THE

                    RETIREMENT AND SOCIAL SECURITY LAW, IN RELATION TO PROVIDING A HEART

                                         29



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    DISEASE PRESUMPTION FOR CORRECTION OFFICERS, CORRECTION SUPERVISORS,

                    DEPUTY SHERIFF PATROL OR DEPUTY SHERIFF PATROL SUPERVISORS.

                                 ACTING SPEAKER ZEBROWSKI:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON ASSEMBLY BILL 4607-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.)

                                 MR. GOODELL TO EXPLAIN HIS VOTE.

                                 MR. GOODELL:  THANK YOU, SIR.  AS WITH THE OTHER

                    BILL, THIS EXTENDS DISABILITY BENEFITS TO ANY SHERIFF PATROL OFFICER, DEPUTY

                    SHERIFF PATROL SUPERVISOR, WHO MIGHT NOT EVER LEAVE HIS OFFICE,

                    CORRECTIONAL OFFICERS IF THEY COME DOWN WITH HEART DISEASE AFTER

                    THEY'VE BEEN EMPLOYED.  AND AGAIN, NO MEDICAL NEXUS BETWEEN THEIR

                    EMPLOYMENT AND THOSE POSITIONS AND HEART DISEASE.  AND YOU MIGHT

                    WONDER IF THERE'S ANY MEDICAL EVIDENCE THAT SUGGESTS THAT INMATES, FOR

                    EXAMPLE, OR INCARCERATED PERSONS HAVE HIGHER HEART DISEASE BECAUSE

                    THEY'RE INCARCERATED, OR HIGHER LUNG DISEASE.

                                 AND SO FOR THE REASONS MENTIONED BY MY COLLEAGUE, IF

                    WE WANT TO BELIEVE IN COLLECTIVE BARGAINING, LET'S USE IT.  IF WE WANT TO

                    FOLLOW THE SCIENCE, LET'S LOOK AT IT, BUT SIMPLY GIVING AWAY BENEFITS

                    BECAUSE WE'RE GREAT SUPPORTERS OF OUR CORRECTION OFFICERS AND THE

                                         30



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    SHERIFF PATROL I THINK IS A MISTAKE.  THANK YOU.

                                 OH, ONE OTHER THING JUST TO MENTION, OF COURSE EVERY

                    TIME WE ADD THESE BENEFITS, IT'S ANOTHER MANDATED EXPENSE ON ALL OF OUR

                    LOCAL GOVERNMENTS BECAUSE THEIR COSTS GO UP.  THANK YOU, SIR.

                                 ACTING SPEAKER ZEBROWSKI:  MR. GOODELL IN

                    THE NEGATIVE.

                                 MR. FITZPATRICK TO EXPLAIN HIS VOTE.

                                 MR. FITZPATRICK:  MR. SPEAKER, AGAIN, AS I

                    MENTIONED BEFORE ON THE PREVIOUS BILL, THIS IS A BENEFIT THAT SHOULD BE

                    NEGOTIATED FOR AT THE BARGAINING TABLE USING THE COLLECTIVE BARGAINING

                    PROCESS.  IT IS NOT UNFAIR OR UNREASONABLE TO ASK THE MEMBERS OF THIS

                    UNION TO PUT SOMETHING ON THE TABLE TO HELP OFFSET THE COST.  THANK

                    YOU.

                                 ACTING SPEAKER ZEBROWSKI:  MR. FITZPATRICK

                    IN THE NEGATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A05735-C, RULES

                    REPORT NO. 449, JOYNER, MCDONALD, REYES, SIMON, BURGOS, FAHY,

                    SEPTIMO, LUNSFORD.  AN ACT TO AMEND THE EDUCATION LAW, IN RELATION TO

                    ENACTING THE "SCHOOLS IMPACTED BY GROSS HIGHWAYS (SIGH) ACT."

                                 ACTING SPEAKER ZEBROWSKI:  READ THE LAST

                    SECTION.

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

                                         31



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON ASSEMBLY BILL 5735-C.  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 TO EXPLAIN MY VOTE.

                    THIS BILL BY STATE LAW OVERRIDES THE AUTHORITY OF EVERY SINGLE SCHOOL

                    BOARD IN THE STATE OF NEW YORK TO DETERMINE WHERE IS THE BEST LOCATION

                    TO LOCATE THEIR SCHOOL BY PROHIBITING ANY SCHOOL WITHIN 500 FEET OF A

                    LIMITED OR A CONTROLLED ACCESS HIGHWAY.  NOW, THIS MAY MAKE PERFECT

                    SENSE IF YOU'RE IN A HIGH DENSITY MUNICIPALITY WHERE A CONTROLLED

                    ACCESS HIGHWAY IS CALLED A PARKWAY BECAUSE THERE ARE SO MANY PEOPLE

                    THAT EVERYONE'S PARKING ON IT, BUT UPSTATE WE HAVE A LOT OF CONTROLLED

                    ACCESS HIGHWAYS THAT HAVE VERY LOW TRAFFIC.

                                 AND SO WE HERE IN THE LEGISLATURE WITHOUT KNOWING

                    ANY OF THE DETAILS OF WHAT MAKES THE BEST SENSE FOR A LOCAL SCHOOL

                    BOARD TO LOCATE A NEW SCHOOL IS BARRING THEM FROM LOCATING WITHIN A

                    CERTAIN DISTANCE OF A HIGHWAY.  THAT'S NOT OUR ROLE, THAT'S THEIR ROLE.

                    THEY WERE ELECTED SCHOOL BOARD MEMBERS, NOT US.  THEY CAN EVALUATE

                    THE TRAFFIC RAMIFICATIONS.  I LIVE NOT FAR FROM I-86.  THERE ARE DAYS

                    WHERE I DRIVE HOME AND I'LL GO FOR MILES, MILES AND MILES WITHOUT

                    SEEING A CAR IN EITHER DIRECTION AND THIS BILL SAYS WE DON'T CARE; NO

                    SCHOOL BOARD CAN LOCATE A SCHOOL WITHIN 500 FEET OF A CONTROLLED ACCESS

                                         32



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    REGARDLESS OF THE TRAFFIC, REGARDLESS OF THE NEEDS OF THE COMMUNITY,

                    REGARDLESS OF THE TRAFFIC PATTERNS THAT ARE THERE, REGARDLESS OF THE EASE OF

                    ACCESS, REGARDLESS OF THE FACT THAT THEY, NOT US, WERE ELECTED SCHOOL

                    BOARD MEMBERS.  FOR THOSE REASONS, I'M VOTING NO.  THANK YOU, SIR.

                                 ACTING SPEAKER ZEBROWSKI:  MR. GOODELL IN

                    THE NEGATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A06164-A, RULES

                    REPORT NO. 450, MANKTELOW, B. MILLER, SMULLEN, BRABENEC,

                    DESTEFANO.  AN ACT GRANTING RETROACTIVE MEMBERSHIP IN THE NEW YORK

                    STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM TO JUSTIN WHITMORE.

                                 ACTING SPEAKER ZEBROWSKI:  ON A MOTION BY

                    MR. MANKTELOW, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.  HOME RULE MESSAGE IS AT THE DESK.  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON SENATE BILL 4686-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.)

                                         33



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A06358-A, RULES

                    REPORT NO. 451, THIELE, DESTEFANO, ENGLEBRIGHT.  AN ACT TO AMEND THE

                    VEHICLE AND TRAFFIC LAW, IN RELATION TO FIRST DEGREE AGGRAVATED

                    UNLICENSED OPERATION (AUO) OF A MOTOR VEHICLE.

                                 ACTING SPEAKER ZEBROWSKI:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT NOVEMBER

                    1ST.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON ASSEMBLY BILL 6358-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. A06442-C, RULES

                    REPORT NO. 452, ABINANTI, SAYEGH.  AN ACT TO AMEND THE PUBLIC HEALTH

                    LAW, IN RELATION TO QUALIFYING HEALTH CARE COSTS UNDER THE NEW YORK

                    STATE MEDICAL INDEMNITY FUND; AND TO AMEND CHAPTER 517 OF THE LAWS

                    OF 2016, AMENDING THE PUBLIC HEALTH LAW RELATING TO PAYMENTS FROM

                    THE NEW YORK STATE MEDICAL INDEMNITY FUND, IN RELATION TO THE

                    EFFECTIVENESS THEREOF.

                                         34



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 ACTING SPEAKER ZEBROWSKI:  ON A MOTION BY

                    MR. ABINANTI, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT ON THE 30TH

                    DAY.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON SENATE BILL 8591-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. ABINANTI TO EXPLAIN HIS VOTE.

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

                    YOU, MR. SPEAKER.  THIS BILL AMENDS THE PUBLIC HEALTH LAW TO IMPROVE

                    THE STATE MEDICAL INDEMNITY FUND THAT WAS PART OF A MEDICAID

                    REDESIGN TEAM INITIATIVE ENACTED IN 2011 AT THE INSTANCE OF THE THEN

                    GOVERNOR.  SINCE THAT TIME, WE FOUND THAT THERE HAVE BEEN SOME

                    PROBLEMS WITH THIS FUND THAT WAS SET UP TO HELP THOSE WITH BIRTH RELATED

                    NEUROLOGICAL INJURIES PAY FOR THEIR MEDICAL CARES.  IN EXCHANGE FOR

                    PUTTING THEM INTO THIS FUND, THEY FORFEITED PART OF THE MEDICAL

                    MALPRACTICE -- THEIR MALPRACTICE (PHONE RINGING) -- THEIR MALPRACTICE

                    AWARDS.  AND WE FOUND OVER THE YEARS THAT WE NEEDED TO MAKE CERTAIN

                    IMPROVEMENTS THAT WERE NECESSARY TO MAKE THE FUND WORK BETTER.

                                 THE CHANGES THAT WE MADE WILL EXPIRE IN JUNE OF THIS

                    YEAR SO THIS CONTINUES THE CHANGES, BUT ALSO MAKES SOME OTHER CHANGES

                                         35



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    TO MAKE SURE THAT THE PARTICIPANTS WILL RECEIVE THE -- WHAT THEY'RE

                    SUPPOSED TO RECEIVE.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER ZEBROWSKI:  MR. ABINANTI IN

                    THE AFFIRMATIVE.

                                 COLLEAGUES, PLEASE QUIET DOWN A BIT AND SILENCE YOUR

                    PHONES.

                                 (LAUGHTER)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A06551-B, RULES

                    REPORT NO. 453, SOLAGES, THIELE, WOERNER, STECK, ENGLEBRIGHT,

                    MCDONOUGH, JEAN-PIERRE, LAVINE, SMITH, WEPRIN, STERN, FITZPATRICK,

                    FALL, D. ROSENTHAL, MANKTELOW, BRAUNSTEIN, RA, ASHBY, DESTEFANO,

                    BRABENEC, PHEFFER AMATO, MONTESANO, BARRETT, GANDOLFO, ABINANTI,

                    GALEF.  AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO REQUIRING

                    SPECIFIC RESERVED BED DAYS AT THE NEW YORK STATE VETERANS' HOMES.

                                 ACTING SPEAKER ZEBROWSKI:  READ THE LAST

                    SECTION.

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

                    DAY.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON ASSEMBLY BILL 6551-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

                                         36



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    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. A07770-C, RULES

                    REPORT NO. 454, EPSTEIN, TAYLOR, QUART, SEAWRIGHT, KELLES,

                    GONZÁLEZ-ROJAS, CRUZ, FORREST, GOTTFRIED, SIMON, REYES, BURGOS,

                    JACKSON, MEEKS, STECK, TAPIA, RAMOS, FERNANDEZ, AUBRY, GIBBS,

                    SOLAGES, WEPRIN, FAHY, NIOU, J. D. RIVERA, L. ROSENTHAL, THIELE.  AN

                    ACT TO AMEND THE INSURANCE LAW, IN RELATION TO AN IMMIGRATION BAIL

                    BUSINESS.

                                 ACTING SPEAKER ZEBROWSKI:  THE BILL IS LAID

                    ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A07914-C, RULES

                    REPORT NO. 455, ABBATE, COLTON.  AN ACT TO AMEND THE RETIREMENT AND

                    SOCIAL SECURITY LAW, IN RELATION TO AUTHORIZING SERVICE CREDIT FOR

                    UNPAID OR REDUCED PAID CHILD CARE LEAVE FOR MEMBERS OF THE STATE

                    POLICE 20 YEAR RETIREMENT PLAN.

                                 ACTING SPEAKER ZEBROWSKI:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON ASSEMBLY BILL 7914-C.  THIS IS A FAST ROLL CALL.  ANY

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

                                         37



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    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.  ALL OF US WHO ARE

                    FAMILIAR WITH THE STATE RETIREMENT SYSTEM KNOW THAT OUR BENEFIT WHEN

                    WE RETIRE IS BASED ON OUR YEARS OF SERVICE AND OUR AVERAGE SALARY.  FOR

                    THOSE OF US IN THE LEGISLATURE, IT'S AN AVERAGE SALARY GOING BACK THREE

                    YEARS.  IF YOU WORK PART-TIME IN COMPLIANCE WITH THE STATE COMPTROLLER

                    REQUIREMENTS, YOU HAVE TO DOCUMENT THE AMOUNT OF TIME YOU WORK AND

                    YOUR TIME ACCRUES ON A PART-TIME BASIS.

                                 WHAT THIS BILL SAYS IS THAT MEMBERS OF THE STATE POLICE

                    CAN TAKE TIME OFF FOR CHILD CARE, WHICH IS GREAT, AND WHILE THEY'RE NOT

                    WORKING FOR US THEY STILL ACCRUE RETIREMENT TIME.  SO IT'S MY

                    UNDERSTANDING THEY COULD TAKE SEVERAL MONTHS OFF AND THEY'RE NOT

                    WORKING FOR THE TAXPAYERS, THEY'RE NOT WORKING AT ALL FOR US, AND THEY

                    GET CREDIT FOR THE ENTIRE TIME THAT THEY'RE NOT WORKING FOR US.  I THINK

                    RETIREMENT CREDIT SHOULD BE BASED ON THE TIME YOU'RE WORKING FOR THE

                    TAXPAYERS, NOT THE TIME THAT YOU'RE NOT WORKING FOR THE TAXPAYERS.  AND

                    FOR THAT REASON, I WON'T BE ABLE TO SUPPORT IT.  THANK YOU, SIR.

                                 ACTING SPEAKER ZEBROWSKI:  MR. GOODELL IN

                    THE NEGATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                         38



                    NYS ASSEMBLY                                                        MAY 31, 2022


                                 THE CLERK:  ASSEMBLY NO. A07962-A, RULES

                    REPORT NO. 456, ABBATE, GRIFFIN, PHEFFER AMATO, COLTON.  AN ACT TO

                    AMEND THE RETIREMENT AND SOCIAL SECURITY LAW AND THE ADMINISTRATIVE

                    CODE OF THE CITY OF NEW YORK, IN RELATION TO THE ESTABLISHMENT OF 25

                    YEAR RETIREMENT PROGRAMS FOR MEMBERS OF THE NEW YORK CITY

                    EMPLOYEES' RETIREMENT SYSTEM EMPLOYED AS FIRE PROTECTION INSPECTORS

                    AND ASSOCIATE FIRE PROTECTION INSPECTORS.

                                 ACTING SPEAKER ZEBROWSKI:  ON A MOTION BY

                    MR. ABBATE, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.  HOME RULE MESSAGE IS AT THE DESK.  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON SENATE BILL 6988-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.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A07971-A, RULES

                    REPORT NO. 457, ABBATE.  AN ACT TO AMEND THE RETIREMENT AND SOCIAL

                    SECURITY LAW, IN RELATION TO ADDITIONAL MEMBER CONTRIBUTIONS FOR

                    CERTAIN MEMBERS UNDER THE AGE 57 RETIREMENT PROGRAM.

                                 ACTING SPEAKER ZEBROWSKI:  ON A MOTION BY

                                         39



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    MR. ABBATE, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.  HOME RULE MESSAGE IS AT THE DESK.  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON SENATE BILL 6981-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.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A08200-B, RULES

                    REPORT NO. 458, JACOBSON, GUNTHER, SIMON, BUTTENSCHON, LUNSFORD,

                    WALLACE.  AN ACT TO AMEND THE GENERAL MUNICIPAL LAW, IN RELATION TO

                    PROHIBITING INDIVIDUALS IN CERTAIN POSITIONS FROM TAKING ANY POSITION

                    WITH A BUSINESS OR ENTITY DOING BUSINESS WITH AN INDUSTRIAL

                    DEVELOPMENT AUTHORITY.

                                 ACTING SPEAKER ZEBROWSKI:  THE BILL IS LAID

                    ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A08275-A, RULES

                    REPORT NO. 459, KELLES, BURDICK, FAHY, MAGNARELLI, GOTTFRIED, SIMON.

                    AN ACT TO AMEND THE HIGHWAY LAW, IN RELATION TO THE USE OF POLLINATOR

                    FRIENDLY PLANT SPECIES IN MEDIANS ALONG THE HIGHWAYS OF THE STATE.

                                 ACTING SPEAKER ZEBROWSKI:  ON A MOTION BY

                                         40



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    MS. KELLES, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT ON THE 120TH

                    DAY.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON SENATE BILL 660-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. A08292, RULES REPORT

                    NO. 460, FAHY, ENGLEBRIGHT, MITAYNES, DICKENS, GOTTFRIED, GALEF,

                    SAYEGH.  AN ACT IN RELATION TO DIRECTING THE SUPERINTENDENT OF

                    FINANCIAL SERVICES TO STUDY OVERDRAFT FEES.

                                 ACTING SPEAKER ZEBROWSKI:  ON A MOTION BY

                    MS. FAHY, 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 ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON SENATE BILL 9348.  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

                                         41



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    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. A08326, RULES REPORT

                    NO. 461, GALLAHAN, PALMESANO.  AN ACT TO AMEND THE CRIMINAL

                    PROCEDURE LAW, IN RELATION TO AUTHORIZING ELECTRONIC COURT APPEARANCES

                    IN SENECA COUNTY.

                                 ACTING SPEAKER ZEBROWSKI:  ON A MOTION BY

                    MR. GALLAHAN, 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                     ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON SENATE BILL 7433.  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. A08343-A, RULES

                    REPORT NO. 462, J. M. GIGLIO.  AN ACT TO AMEND THE HIGHWAY LAW, IN

                    RELATION TO DESIGNATING A PORTION OF THE STATE HIGHWAY SYSTEM AS THE

                                         42



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    "STAFF SERGEANT SHAWN M. CLEMENS MEMORIAL HIGHWAY."

                                 ACTING SPEAKER ZEBROWSKI:  ON A MOTION BY

                    MR. GIGLIO, 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 ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON SENATE BILL 7423-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. A08369-A, RULES

                    REPORT NO. 463, BUTTENSCHON, BLANKENBUSH.  AN ACT TO AMEND THE

                    HIGHWAY LAW, IN RELATION TO DESIGNATING A PORTION OF THE STATE

                    HIGHWAY SYSTEM IN ONEIDA COUNTY AS THE "ONEIDA COUNTY KOREAN

                    WAR VETERANS MEMORIAL HIGHWAY."

                                 ACTING SPEAKER ZEBROWSKI:  ON A MOTION BY

                    MS. BUTTENSCHON, 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 ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON SENATE BILL 8581-A.  THIS IS A FAST ROLL CALL.  ANY

                                         43



                    NYS ASSEMBLY                                                        MAY 31, 2022

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

                    CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

                    PROVIDED.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MS. BUTTENSCHON TO EXPLAIN HER VOTE.

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

                    MANY OF US SPENT YESTERDAY HONORING OUR VETERANS, TODAY WE HAVE THE

                    OPPORTUNITY TO PASS THIS IMPORTANT LEGISLATION THAT ORIGINATED FROM A

                    DEDICATED VETERAN IN MY DISTRICT THAT WANTED TO HONOR THOSE THAT HAVE

                    SERVED IN THE KOREAN WAR, OR BETTER KNOWN AS THE FORGOTTEN WAR.  THIS

                    LEGISLATION ACKNOWLEDGES THOSE THAT HAVE SERVED IN SACRIFICE FOR US AND

                    OUR NATION.  AS THE DAUGHTER OF A KOREAN WAR VETERAN, I VOTE IN THE

                    AFFIRMATIVE.  THANK YOU.

                                 ACTING SPEAKER ZEBROWSKI:  MS.

                    BUTTENSCHON IN THE AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A08400-B, RULES

                    REPORT NO. 464, J. M. GIGLIO.  AN ACT TO AMEND THE HIGHWAY LAW, IN

                    RELATION TO DESIGNATING A PORTION OF THE STATE HIGHWAY SYSTEM AS THE

                    "STAFF SERGEANT DAVID TEXTOR MEMORIAL HIGHWAY."

                                 ACTING SPEAKER ZEBROWSKI:  ON A MOTION BY

                    MR. GIGLIO, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.  READ THE LAST SECTION.

                                         44



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON SENATE BILL 7416-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.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A08573-B, RULES

                    REPORT NO. 465, LAVINE.  AN ACT IN RELATION TO PERMITTING INDIA

                    PENTECOSTAL ASSEMBLY, INC. TO FILE AN APPLICATION FOR REAL PROPERTY TAX

                    EXEMPTION.

                                 ACTING SPEAKER ZEBROWSKI:  ON A MOTION BY

                    MR. LAVINE, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON SENATE BILL 7610-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.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                         45



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A08608-A, RULES

                    REPORT NO. 466, MORINELLO.  AN ACT TO AMEND CHAPTER 20 OF THE LAWS

                    OF 1985 CREATING THE SANBORN VOLUNTEER AND EXEMPT FIREMEN'S

                    BENEVOLENT ASSOCIATION, INC., AND PROVIDING FOR ITS POWERS AND DUTIES,

                    IN RELATION TO ITS PURPOSE AND THE USE OF FOREIGN FIRE INSURANCE

                    PREMIUMS.

                                 ACTING SPEAKER ZEBROWSKI:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON ASSEMBLY BILL 8608-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. A08915-B, RULES

                    REPORT NO. 467, BURDICK, MEEKS, SEAWRIGHT, ABBATE, SANTABARBARA,

                    ENGLEBRIGHT, GALLAGHER, J. M. GIGLIO, DAVILA.  AN ACT IN RELATION TO

                    DIRECTING THE NEW YORK STATE OFFICE FOR PEOPLE WITH DEVELOPMENTAL

                    DISABILITIES TO ESTABLISH A VOLUNTARY TRAINING AND CERTIFICATION PROGRAM

                                         46



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    FOR EMPLOYERS THAT HAVE TAKEN THE EMPLOYABILITY PLEDGE.

                                 ACTING SPEAKER ZEBROWSKI:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT ON THE 30TH

                    DAY.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON ASSEMBLY BILL 8915-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.)

                                 MR. BURDICK TO EXPLAIN HIS VOTE.

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

                    THANK THE SPEAKER, AND I WANT TO THANK CHAIR TOM ABINANTI OF THE

                    COMMITTEE ON PEOPLE WITH DISABILITIES FOR THEIR TREMENDOUS HELP WITH

                    BRINGING THIS BILL FORWARD.  THIS WILL CREATE A VOLUNTARY TRAINING AND

                    CERTIFICATION PROGRAM FOR EMPLOYERS THAT HAVE TAKEN THE EMPLOYABILITY

                    PLEDGE OF THE OFFICE OF PEOPLE WITH DEVELOPMENTAL DISABILITIES.  WE

                    FEEL THAT THIS IS GOING TO BE A GREAT STEP FORWARD IN PROVIDING PILOT

                    PROGRAM AND BEST PRACTICES FOR EMPLOYERS BOTH IN FOR-PROFIT AND

                    NON-PROFIT SECTOR.  SO AGAIN, MY VOTE IS IN THE AFFIRMATIVE AND I'M VERY

                    GRATEFUL THAT WE COULD MOVE THIS LEGISLATION FORWARD.  THANK YOU, MR.

                    SPEAKER.

                                 ACTING SPEAKER ZEBROWSKI:  MR. BURDICK IN

                    THE AFFIRMATIVE.

                                         47



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A08933-A, RULES

                    REPORT NO. 468, EICHENSTEIN.  AN ACT TO AMEND THE VEHICLE AND TRAFFIC

                    LAW, IN RELATION TO LIMITING THE LIABILITY OF OPERATORS AND OWNERS OF

                    FIRST-RESPONSE EMERGENCY VEHICLES FOR MONETARY PENALTIES FOR CERTAIN

                    TRAFFIC VIOLATIONS COMMITTED WHILE RESPONDING TO A MEDICAL EMERGENCY

                    IN A CITY WITH A POPULATION OF ONE MILLION OR MORE PERSONS.

                                 ACTING SPEAKER ZEBROWSKI:  READ THE LAST

                    SECTION.

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

                    DAY.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON ASSEMBLY BILL 8933-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. A09158, RULES REPORT

                    NO. 469, THIELE, JACOBSON.  AN ACT TO REPEAL SECTIONS 2, 3, 4, AND 5 OF

                    CHAPTER 330 OF THE LAWS OF 2011 AMENDING THE TOWN LAW RELATING TO

                                         48



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    PAYMENTS FOR CERTAIN SCHOOL, FIRE, FIRE PROTECTION, AND AMBULANCE

                    DISTRICTS FOR LANDS EXEMPT FROM REAL PROPERTY TAXATION FOR PURPOSES

                    WHICH IMPLEMENT THE PECONIC BAY COMMUNITY PRESERVATION FUND; AND

                    PROVIDING FOR THE REPEAL OF CERTAIN PROVISIONS UPON EXPIRATION THEREOF.

                                 ACTING SPEAKER ZEBROWSKI:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON ASSEMBLY BILL 9158.  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. A09216-B, RULES

                    REPORT NO. 470, OTIS, SAYEGH.  AN ACT TO AMEND THE EXECUTIVE LAW, IN

                    RELATION TO REQUIRING THE EXAMINATION OF CURRENT AND THE

                    RECOMMENDATION OF FUTURE STANDARDIZED BUILDING CODE REQUIREMENTS

                    FOR FLOOD MITIGATION.

                                 ACTING SPEAKER ZEBROWSKI:  ON A MOTION BY

                    MR. OTIS, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                         49



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON SENATE BILL 7582-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.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A09269-A, RULES

                    REPORT NO. 471, MCDONALD, FAHY.  AN ACT TO AMEND THE COUNTY LAW

                    AND THE TAX LAW, IN RELATION TO COMMUNICATION SERVICE SURCHARGES

                    APPLIED TO ALBANY COUNTY; AND PROVIDING FOR THE REPEAL OF SUCH

                    PROVISIONS UPON EXPIRATION THEREOF.

                                 ACTING SPEAKER                     ZEBROWSKI:  HOME RULE

                    MESSAGE IS AT THE DESK.  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER                     ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON ASSEMBLY BILL 9269-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. CRUZ.

                                 MS. CRUZ:  PLEASE RECORD OUR COLLEAGUE MR.

                                         50



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    BARNWELL IN THE NEGATIVE.

                                 ACTING SPEAKER ZEBROWSKI:  SO NOTED.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A09365, RULES REPORT

                    NO. 472, PEOPLES-STOKES.  AN ACT TO AMEND THE LOCAL FINANCE LAW, IN

                    RELATION TO THE SALE OF MUNICIPAL OBLIGATIONS BY THE COUNTY OF ERIE.

                                 ACTING SPEAKER ZEBROWSKI:  ON A MOTION BY

                    MRS. PEOPLES-STOKES, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE

                    BILL IS ADVANCED.  HOME RULE MESSAGE IS AT THE DESK.  THE BILL IS LAID

                    ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A09367, RULES REPORT

                    NO. 473, PEOPLES-STOKES.  AN ACT TO AMEND THE LOCAL FINANCE LAW, IN

                    RELATION TO FACILITATING THE MARKETING OF ANY ISSUE OF SERIAL BONDS OR

                    NOTES OF THE CITY OF BUFFALO ISSUED ON OR BEFORE A CERTAIN DATE.

                                 ACTING SPEAKER ZEBROWSKI:  ON A MOTION BY

                    MRS. PEOPLES-STOKES, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE

                    BILL IS ADVANCED.  HOME RULE MESSAGE IS AT THE DESK.  THE BILL IS LAID

                    ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A09428-A, RULES

                    REPORT NO. 474, KELLES.  AN ACT TO AMEND THE GENERAL CONSTRUCTION

                    LAW, IN RELATION TO REQUIRING THE USE OF GENDER-NEUTRAL TERMS IN LAW.

                                 ACTING SPEAKER ZEBROWSKI:  THE BILL IS LAID

                    ASIDE.

                                         51



                    NYS ASSEMBLY                                                        MAY 31, 2022


                                 THE CLERK:  ASSEMBLY NO. A09437, RULES REPORT

                    NO. 475, LUPARDO.  AN ACT TO AUTHORIZE THE COUNTY OF BROOME TO OFFER

                    AN OPTIONAL 20 YEAR RETIREMENT PLAN TO JOSHUA QUINN, A DEPUTY SHERIFF

                    EMPLOYED BY SUCH COUNTY.

                                 ACTING SPEAKER ZEBROWSKI:  HOME RULE

                    MESSAGE IS AT THE DESK.  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON ASSEMBLY BILL 9437.  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. A09461-B, RULES

                    REPORT NO. 476, PAULIN.  AN ACT TO AMEND THE TAX LAW, IN RELATION TO

                    COORDINATING EXTENSIONS OF TIME TO FILE STATE TAXES TO ANY EXTENSIONS OF

                    TIME TO FILE FEDERAL TAXES.

                                 ACTING SPEAKER ZEBROWSKI:  ON A MOTION BY

                    MS. PAULIN, 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 ZEBROWSKI:  THE CLERK WILL

                                         52



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    RECORD THE VOTE ON SENATE BILL 8398-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.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A09465, RULES REPORT

                    NO. 477, LAVINE.  AN ACT TO AMEND THE REAL PROPERTY TAX LAW, IN

                    RELATION TO BASE PROPORTIONS IN ASSESSING UNITS IN NASSAU COUNTY.

                                 ACTING SPEAKER ZEBROWSKI:  ON A MOTION BY

                    MR. LAVINE, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A09490, RULES REPORT

                    NO. 478, PRETLOW.  AN ACT TO AMEND THE LOCAL FINANCE LAW, IN RELATION

                    TO BONDS AND NOTES OF THE CITY OF YONKERS.

                                 ACTING SPEAKER ZEBROWSKI:  ON A MOTION BY

                    MR. PRETLOW, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.  THE HOME RULE MESSAGE IS AT THE DESK AND THE BILL IS LAID

                    ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A09517, RULES REPORT

                    NO. 479, JONES.  AN ACT TO AUTHORIZE NICHOLAS MOORE, JOSHUA GOLDEN

                    AND NATHAN KASPRZAK TO RECEIVE CERTAIN SERVICE CREDIT UNDER SECTION

                    384-D OF THE RETIREMENT AND SOCIAL SECURITY LAW.

                                         53



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 ACTING SPEAKER                     ZEBROWSKI:  HOME RULE

                    MESSAGE IS AT THE DESK.  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER                     ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON ASSEMBLY BILL 9517.  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. A09653-A, RULES

                    REPORT NO. 480, MIKULIN.  AN ACT TO AMEND THE HIGHWAY LAW, IN

                    RELATION TO DESIGNATING A PORTION OF THE STATE HIGHWAY SYSTEM AS THE

                    "TROOPER JOHN J. LANE MEMORIAL BRIDGE."

                                 ACTING SPEAKER ZEBROWSKI:  ON A MOTION BY

                    MR. MIKULIN, 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                     ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON SENATE BILL 8688-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.

                                         54



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 (THE CLERK RECORDED THE VOTE.)

                                 ACTING SPEAKER LUNSFORD:  ARE THERE ANY

                    OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A09690, RULES REPORT

                    NO. 481, GUNTHER.  AN ACT GRANTING RETROACTIVE TIER IV MEMBERSHIP IN

                    THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM TO MARK

                    PAVLAK.

                                 ACTING SPEAKER LUNSFORD:  HOME RULE

                    MESSAGE IS AT THE DESK.  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER LUNSFORD:  THE CLERK WILL

                    RECORD THE VOTE ON ASSEMBLY BILL 9690.  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. A09702-B, RULES

                    REPORT NO. 482, GRIFFIN, SAYEGH.  AN ACT TO AMEND THE VEHICLE AND

                    TRAFFIC LAW, IN RELATION TO INCREASING THE FINES FOR DUMPING SNOW OR

                    PLOWING ONTO HANDICAPPED PARKING PLACES.

                                         55



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 ACTING SPEAKER LUNSFORD:  READ THE LAST

                    SECTION.

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

                    DAY.

                                 ACTING SPEAKER LUNSFORD:  THE CLERK WILL

                    RECORD THE VOTE ON ASSEMBLY BILL 9702-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.)

                                 MR. GOODELL TO EXPLAIN HIS VOTE.

                                 MR. GOODELL:  THANK YOU, MADAM SPEAKER.  THIS

                    BILL WOULD IMPOSE A FINE OF $125 FOR THE FIRST OFFENSE, $250 THEREAFTER

                    IF ANY FIRM OR CORPORATION THAT IS ENGAGED IN SNOW PLOWING PLOWS

                    SNOW INTO A HANDICAPPED PARKING SPACE.  AND THE PROBLEM WITH THE

                    LANGUAGE IS THAT FOR THOSE OF US WHO LIVE IN THE SNOW BELT WHERE YOU

                    CAN GET A COUPLE OF INCHES AN HOUR AND THE PLOWERS ARE DOING

                    EVERYTHING THEY CAN CONCEIVABLY TO KEEP PARKING LOTS REASONABLY OPEN

                    AND ROADWAYS OPEN, SOMETIMES IT'S JUST PHYSICALLY IMPOSSIBLE NOT TO

                    KEEP CERTAIN SPACES OPEN.  IT'S JUST PHYSICALLY IMPOSSIBLE, IT'S JUST TOO

                    MUCH SNOW AND NOT ENOUGH TIME.

                                 AND SO I HOPE THAT THIS BILL WILL BE AMENDED AT SOME

                    POINT.  I HOPE WE SEE AN ADJUSTMENT THAT PROVIDES A FLEXIBLE EXCEPTION

                    WHEN YOU HAVE UNUSUAL SNOWFALL FOR THE TEMPORARY INCONVENIENCE

                    UNTIL THE LOT CAN BE CLEARED.  AND WHAT HAPPENS IS THEY DO THEIR BEST TO

                                         56



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    KEEP IT CLEAR, THEY'LL DO THEIR BEST TO KEEP HANDICAPPED SPACES OPEN,

                    BUT IF THEY CAN'T WE AS A STATE SHOULD PROVIDE SOME FLEXIBILITY TO ALLOW

                    THEM TO TEMPORARILY IMPACT A HANDICAP SPACE UNTIL THEY GET TIME TO

                    BRING IN A HIGH LIFT AND REMOVE THE SNOW.

                                 SO I WILL BE SUPPORTING IT, BUT WE DEFINITELY NEED TO BE

                    MORE FLEXIBLE WITH THOSE WHO DEAL WITH SOME OF THE MOST CHALLENGING

                    WEATHER CONDITIONS IN THE STATE.  THANK YOU, MADAM SPEAKER.

                                 ACTING SPEAKER LUNSFORD:  MR. GOODELL IN

                    THE AFFIRMATIVE.

                                 MRS. GRIFFIN TO EXPLAIN HER VOTE.

                                 MRS. GRIFFIN:  YES, I JUST WANTED TO EXPLAIN TO MR.

                    GOODELL, THIS BILL ISN'T TO PENALIZE LIKE A SNOWFALL, OH, YOU DIDN'T PLOW

                    YOUR SNOW YET.  IT'S ABOUT PEOPLE EGREGIOUSLY PUTTING SNOW THAT -- IN

                    OTHER SPOTS AND DUMPING IT INTO THE HANDICAP SPOT.  SO SOME WOMAN

                    THAT DRIVES BY HERSELF, I KNOW A WOMAN WHO IS A CONSTITUENT, DRIVES BY

                    HERSELF, IS IN HER CAR, GETS OUT ON HER OWN, GETS IN A WHEELCHAIR; WHAT IS

                    SHE GOING TO DO IF THAT SPOT'S FILLED WITH SNOW?

                                 SO THIS BILL ISN'T FOR WE'RE IN A BLIZZARD RIGHT NOW AND

                    YOU'RE GOING TO GET A FINE, THIS IS FOR STORE OWNERS AND BUSINESSES WHO

                    EGREGIOUSLY DO IT.  FOR THAT REASON, I THINK THIS BILL IS NECESSARY AND THIS

                    FINE IS REALLY NOT TOO HIGH CONSIDERING HOW MUCH IT IS FOR SPEEDING AND

                    OTHER THINGS LIKE THAT.  SO I VOTE IN THE AFFIRMATIVE BECAUSE I THINK

                    PEOPLE THAT HAVE A HANDICAP STICKER HAVE -- SHOULD BE ABLE TO PARK

                    ANYWHERE JUST LIKE EVERYONE ELSE CAN.  SO THANK YOU FOR -- I ENCOURAGE

                    EVERYONE TO SUPPORT THE BILL.  THANK YOU.

                                         57



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 ACTING SPEAKER LUNSFORD:  MRS. GRIFFIN IN

                    THE AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO.  A09745, RULES REPORT

                    NO. 483, OTIS, PAULIN.  AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW,

                    IN RELATION TO IMPLEMENTING A RESIDENTIAL PARKING SYSTEM IN THE CITY OF

                    NEW ROCHELLE.

                                 ACTING SPEAKER LUNSFORD:  ON A MOTION BY

                    MR. OTIS, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.  HOME RULE MESSAGE IS AT THE DESK.  THE BILL IS -- OH.  READ

                    THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER LUNSFORD:  THE CLERK WILL

                    RECORD THE VOTE ON SENATE BILL 8662.  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. A09791-A, RULES

                    REPORT NO. 484, FAHY.  AN ACT TO AMEND THE VILLAGE LAW AND THE

                                         58



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    PUBLIC OFFICERS LAW, IN RELATION TO AUTHORIZING THE VILLAGE OF

                    VOORHEESVILLE TO APPOINT CERTAIN VILLAGE OFFICERS WHO DO NOT RESIDE

                    WITHIN SUCH VILLAGE.

                                 ACTING SPEAKER LUNSFORD:  ON A MOTION BY

                    MS. FAHY, THE SENATE BILL IS ADVANCED -- ON A MOTION BY MS. FAHY, 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 LUNSFORD:  THE CLERK WILL

                    RECORD THE VOTE ON SENATE BILL 8683-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. A09800-A, RULES

                    REPORT NO. 485, EPSTEIN, GONZÁLEZ-ROJAS, GOTTFRIED, GIBBS.  AN ACT TO

                    AMEND THE SOCIAL SERVICES LAW, IN RELATION TO REPORTING OF YOUTH

                    PLACED IN FOSTER CARE SETTINGS AND RECRUITMENT OF FOSTER PARENTS; AND TO

                    REPEAL SECTION 2 OF CHAPTER 11 OF THE LAWS OF 2021, RELATING TO

                    DIRECTING THE OFFICE OF CHILDREN AND FAMILY SERVICES TO MAKE

                    INFORMATION PUBLICLY AVAILABLE ON THE NUMBER OF YOUTH PLACED IN

                    FOSTER CARE SETTINGS AND RECRUITMENT OF FOSTER PARENTS AND THE

                                         59



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    EFFECTIVENESS THEREOF.

                                 ACTING SPEAKER LUNSFORD:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER LUNSFORD:  THE CLERK WILL

                    RECORD THE VOTE ON ASSEMBLY BILL 9800-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. A09818-A, RULES

                    REPORT NO. 486, PAULIN, DICKENS, GOTTFRIED, CAHILL, GLICK, EPSTEIN,

                    HEVESI, ZINERMAN, DAVILA, ENGLEBRIGHT, BURDICK, SIMON, JACKSON, L.

                    ROSENTHAL, ZEBROWSKI, GALLAGHER, SEAWRIGHT, O'DONNELL.  AN ACT TO

                    AMEND THE EXECUTIVE LAW, IN RELATION TO ADDRESS CONFIDENTIALITY TO

                    PROTECT REPRODUCTIVE HEALTH CARE SERVICES PROVIDERS, EMPLOYEES,

                    VOLUNTEERS, PATIENTS, OR IMMEDIATE FAMILY MEMBERS OF REPRODUCTIVE

                    HEALTH CARE SERVICES PROVIDERS.

                                 ACTING SPEAKER LUNSFORD:  ON A MOTION BY

                    MS. PAULIN, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A09824-A, RULES

                                         60



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    REPORT NO. 487, THIELE, LAVINE, ENGLEBRIGHT, STERN, DESTEFANO.  AN

                    ACT TO AMEND THE CIVIL PRACTICE LAW AND RULES, IN RELATION TO THE

                    STATUTE OF LIMITATIONS FOR PUBLIC WATER SUPPLIERS TO COMMENCE AN

                    ACTION, CIVIL CLAIM, OR CAUSE OF ACTION FOR INJURY TO PROPERTY.

                                 ACTING SPEAKER LUNSFORD:  THE BILL IS LAID

                    ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A09922-A, RULES

                    REPORT NO. 488, ABBATE.  AN ACT TO AMEND THE WORKERS' COMPENSATION

                    LAW, IN RELATION TO PRESUMPTIVE EVIDENCE FOR INDIVIDUALS WHO

                    PARTICIPATED IN THE WORLD TRADE CENTER RESCUE, RECOVERY AND CLEAN-UP

                    OPERATIONS.

                                 ACTING SPEAKER                     LUNSFORD:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER LUNSFORD:  THE CLERK WILL

                    RECORD THE VOTE ON ASSEMBLY BILL 9922-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. A09980, RULES REPORT

                    NO. 489, JEAN-PIERRE, STERN.  AN ACT IN RELATION TO AUTHORIZING THE STATE

                                         61



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    UNIVERSITY OF NEW YORK AT FARMINGDALE TO LEASE CERTAIN LANDS TO THE

                    FARMINGDALE STATE DEVELOPMENT CORPORATION.

                                 ACTING SPEAKER LUNSFORD:  ON A MOTION BY

                    MS. JEAN-PIERRE, 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 LUNSFORD:  THE CLERK WILL

                    RECORD THE VOTE ON SENATE BILL 8859.  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. A10029, RULES REPORT

                    NO. 490, ABBATE, COLTON, GRIFFIN.  AN ACT TO AMEND THE RETIREMENT

                    AND SOCIAL SECURITY LAW, IN RELATION TO AUTHORIZING POLICE/FIRE

                    MEMBERS OF THE NEW YORK CITY FIRE DEPARTMENT PENSION FUND TO

                    OBTAIN CREDIT FOR SERVICE AS AN EMT MEMBER.

                                 ACTING SPEAKER LUNSFORD:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE --

                                 ACTING SPEAKER LUNSFORD:  OH, I'M SORRY.

                    ON A MOTION BY MR. ABBATE, THE SENATE BILL IS BEFORE THE HOUSE.  THE

                                         62



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    SENATE BILL IS ADVANCED.  HOME RULE MESSAGE IS AT THE DESK.  READ THE

                    LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER LUNSFORD:  THE CLERK WILL

                    RECORD THE VOTE ON SENATE BILL 6980-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.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A10034-A, RULES

                    REPORT NO. 491, GOTTFRIED.  AN ACT TO AMEND THE TAX LAW, IN RELATION

                    TO THE EMPIRE STATE FILM PRODUCTION CREDIT.

                                 ACTING SPEAKER LUNSFORD:  THE BILL IS LAID

                    ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A10085, RULES REPORT

                    NO. 492, SOLAGES.  AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW, IN

                    RELATION TO AUTHORIZING THE VILLAGE OF FLORAL PARK IN THE COUNTY OF

                    NASSAU TO ESTABLISH A RESIDENTIAL PARKING SYSTEM.

                                 ACTING SPEAKER LUNSFORD:  HOME RULE

                    MESSAGE IS AT THE DESK.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                         63



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 ACTING SPEAKER LUNSFORD:  THE CLERK WILL

                    RECORD THE VOTE ON ASSEMBLY BILL A.10085.  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. A10094-A, RULES

                    REPORT NO. 493, BURDICK, PAULIN, SILLITTI, GALEF, EPSTEIN, KELLES,

                    GONZÁLEZ-ROJAS, NIOU, OTIS, GOTTFRIED, REYES, ANDERSON, DINOWITZ,

                    HEVESI, GALLAGHER, L. ROSENTHAL, GRIFFIN, O'DONNELL.  AN ACT TO AMEND

                    THE CIVIL RIGHTS LAW, IN RELATION TO ESTABLISHING A CAUSE OF ACTION FOR

                    UNLAWFUL INTERFERENCE WITH PROTECTED RIGHTS.

                                 ACTING SPEAKER LUNSFORD:  ON A MOTION BY

                    MR. BURDICK, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.  THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A10109, RULES REPORT

                    NO. 494, ZEBROWSKI.  AN ACT IN RELATION TO AMENDING THE STATE

                    CONSTRUCTION AND COMMODITY CONTRACTS TO PROVIDE EQUITABLE RELIEF TO

                    CONTRACTORS WHO HAVE SUSTAINED UNANTICIPATED EXPENSES BY REASON OF

                    CONSTRUCTION MATERIALS PRICE ESCALATION; AND PROVIDING FOR THE REPEAL OF

                    SUCH PROVISIONS UPON THE EXPIRATION THEREOF.

                                 ACTING SPEAKER LUNSFORD:  READ THE LAST

                                         64



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER LUNSFORD:  THE CLERK WILL

                    RECORD THE VOTE ON ASSEMBLY BILL 10109.  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. A10144-B, RULES

                    REPORT NO. 495, MCDONALD.  AN ACT TO AMEND THE PUBLIC OFFICER'S

                    LAW, IN RELATION TO THE CREATION OF VACANCIES IN A PUBLIC OFFICE UPON

                    ENTERING A GUILTY PLEA IN FEDERAL COURT TO A FELONY OR CRIME INVOLVING A

                    VIOLATION OF AN OATH OF OFFICE.

                                 ACTING SPEAKER LUNSFORD:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER LUNSFORD:  THE CLERK WILL

                    RECORD THE VOTE ON ASSEMBLY BILL 10144-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.)

                                         65



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A10145, RULES REPORT

                    NO. 496, COMMITTEE ON RULES, OTIS.  AN ACT TO AMEND A CHAPTER OF THE

                    LAWS OF 2021 RELATING TO AUTHORIZING THE CITY OF NEW ROCHELLE,

                    COUNTY OF WESTCHESTER, TO SELL, CONVEY AND ALIENATE CERTAIN LAND, IN

                    FURTHERANCE OF AN ECONOMIC DEVELOPMENT INTEREST OF THE STATE AND/OR

                    CITY OF NEW ROCHELLE, AS PROPOSED IN LEGISLATIVE BILLS NUMBERS S.7184

                    AND A.8014, IN RELATION TO AUTHORIZING THE CITY OF NEW ROCHELLE,

                    COUNTY OF WESTCHESTER, TO SELL, CONVEY AND ALIENATE CERTAIN LAND, IN

                    FURTHERANCE OF AN ECONOMIC DEVELOPMENT INTEREST OF THE STATE AND/OR

                    CITY OF NEW ROCHELLE.

                                 ACTING SPEAKER LUNSFORD:  ON A MOTION BY

                    MR. OTIS, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.  HOME RULE MESSAGE IS AT THE DESK.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER LUNSFORD:  THE CLERK WILL

                    RECORD THE VOTE ON SENATE BILL 8986.  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 ZEBROWSKI:  ARE THERE ANY

                                         66



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A10158, RULES REPORT

                    NO. 497, COMMITTEE ON RULES, BRAUNSTEIN.  AN ACT TO AMEND THE

                    GENERAL MUNICIPAL LAW, IN RELATION TO MONIES WITHDRAWN FROM THE

                    REVENUE STABILIZATION FUND OF THE CITY OF NEW YORK.

                                 ACTING SPEAKER ZEBROWSKI:  READ THE LAST

                    SECTION.

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

                    DAY.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON ASSEMBLY BILL 10158.  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. A10170, RULES REPORT

                    NO. 498, COMMITTEE ON RULES, BUTTENSCHON.  AN ACT TO AUTHORIZE

                    JEFFREY CHASE OF THE VILLAGE OF NEW YORK MILLS TO TAKE THE

                    COMPETITIVE CIVIL SERVICE EXAMINATION FOR THE POSITION OF POLICE

                    OFFICER AND BE PLACED ON THE ELIGIBLE LIST FOR EMPLOYMENT AS A FULL-TIME

                                         67



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    POLICE OFFICER FOR THE VILLAGE OF NEW YORK MILLS POLICE DEPARTMENT.

                                 ACTING SPEAKER ZEBROWSKI:  ON A MOTION BY

                    MS. BUTTENSCHON, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL

                    IS ADVANCED.  HOME RULE MESSAGE IS AT THE DESK.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON SENATE BILL 8974.  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 A10218, RULES REPORT NO.

                    499, COMMITTEE ON RULES, JONES.  AN ACT GRANTING RETROACTIVE --

                    RETROACTIVE TIER IV STATUS TO NEW YORK STATE AND LOCAL RETIRE -- LOCAL

                    EMPLOYEES'  RETIREMENT SYSTEM TO KIMBERLY KIN -- KINBLOM.

                                 ACTING SPEAKER ZEBROWSKI:  HOME RULE

                    MESSAGE IS AT THE DESK.  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON ASSEMBLY BILL 10218.  THIS IS A FAST ROLL CALL.  ANY

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

                                         68



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

                    PROVIDED.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A10225-A, RULES

                    REPORT NO. 500, COMMITTEE ON RULES, MCDONALD.  AN ACT TO AUTHORIZE

                    THE COMMISSIONER OF THE OFFICE OF GENERAL SERVICES TO CONVEY CERTAIN

                    UNAPPROPRIATED STATE LAND TO KIPP:  ALBANY COMMUNITY PUBLIC CHARTER

                    SCHOOLS; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON

                    EXPIRATION THEREOF.

                                 ACTING SPEAKER ZEBROWSKI:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON ASSEMBLY BILL 10225-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. A10230, RULES REPORT

                                         69



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    NO. 501, COMMITTEE ON RULES, PAULIN.  AN ACT TO AMEND THE VEHICLE

                    AND TRAFFIC LAW, IN RELATION TO EXPANDING THE RESIDENTIAL PARKING

                    SYSTEM IN THE VILLAGE OF PELHAM IN THE COUNTY OF WESTCHESTER.

                                 ACTING SPEAKER ZEBROWSKI:  HOME RULE

                    MESSAGE IS AT THE DESK.

                                 READ THE LAST SECTION.

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

                    DAY.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON ASSEMBLY BILL 10230.  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. A10231, RULES REPORT

                    NO. 502, COMMITTEE ON RULES, JONES.  AN ACT TO AUTHORIZE THE COUNTY

                    OF CLINTON TO OFFER AN OPTIONAL 25-YEAR RETIREMENT PLAN TO CERTAIN

                    DEPUTY SHERIFFS EMPLOYED BY SUCH COUNTY.

                                 ACTING SPEAKER ZEBROWSKI:  HOME RULE

                    MESSAGE IS AT THE DESK.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                         70



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON ASSEMBLY BILL 10231.  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. A10236-A, RULES

                    REPORT NO. 503, COMMITTEE ON RULES, PAULIN.  AN ACT TO AMEND THE

                    VILLAGE LAW AND THE PUBLIC OFFICERS LAW, IN RELATION TO QUALIFICATIONS

                    TO HOLD CERTAIN POSITIONS IN THE VILLAGE OF SCARSDALE.

                                 ACTING SPEAKER ZEBROWSKI:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT -- THIS ACT SHALL TAKE EFFECT

                    IMMEDIATELY.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ASSEMBLY BILL 10236-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.)

                                         71



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A10237, RULES REPORT

                    NO. 504, COMMITTEE ON RULES, HUNTER.  AN ACT TO AMEND THE

                    NOT-FOR-PROFIT CORPORATION LAW, IN RELATION TO EXEMPTING THE SALINA

                    CONSOLIDATED FIRE DISTRICT 2 FROM THE 45 PERCENT LIMIT ON NON-RESIDENT

                    MEMBERS.

                                 ACTING SPEAKER ZEBROWSKI:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON ASSEMBLY BILL 10237.  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. A10239-A, RULES

                    REPORT NO. 505, COMMITTEE ON RULES, SIMON, CRUZ.  AN ACT TO AMEND

                    THE CRIMINAL PROCEDURE LAW, IN RELATION TO RELEASING INDIVIDUALS

                    CHARGED WITH A CRIME UNDER NON-MONETARY BAIL CONDITIONS IN ORDER TO

                    RECEIVE MENTAL HEALTH SCREENING OR BE ADMITTED TO A HOSPITAL AS A RESULT

                    OF A MENTAL ILLNESS WHICH IS LIKELY TO RESULT IN HARM TO SUCH INDIVIDUAL

                    OR OTHERS; AND TO REPEAL SUBDIVISION 3-C OF SECTION 500.10 OF THE

                                         72



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    CRIMINAL PROCEDURE LAW RELATING TO THE RELEASE FOR MENTAL HEALTH

                    ASSESSMENT AND EVALUATION AND INVOLUNTARY COMMITMENT PENDING

                    RELEASE.

                                 ACTING SPEAKER ZEBROWSKI:  THE BILL IS LAID

                    ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A10330, RULES REPORT

                    NO. 506, COMMITTEE ON RULES, ENGLEBRIGHT.  AN ACT TO AMEND THE TAX

                    LAW, IN RELATION TO INCREASING AND PROVIDING FOR THE DISTRIBUTION OF THE

                    REVENUE FROM EXTENDING THE AUTHORIZATION FOR THE HOTEL AND MOTEL TAXES

                    IN SUFFOLK COUNTY.

                                 ACTING SPEAKER ZEBROWSKI:  HOME RULE

                    MESSAGE IS AT THE DESK.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON ASSEMBLY BILL 10330.  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, MR. SPEAKER.  PLEASE

                    RECORD MY COLLEAGUES MS. GIGLIO, MR. REILLY AND MR. SMITH IN THE

                    NEGATIVE.  THANK YOU, SIR.

                                 ACTING SPEAKER ZEBROWSKI:  SO NOTED.

                                         73



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 MRS. PEOPLES-STOKES.

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

                    PLEASE RECORD OUR COLLEAGUES MR. BURKE AND MR. BARNWELL IN THE

                    NEGATIVE ON THIS ITEM?

                                 ACTING SPEAKER ZEBROWSKI:  SO NOTED.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A10372-A, RULES

                    REPORT NO. 507, COMMITTEE ON RULES, LAVINE, WALLACE, STECK,

                    GOTTFRIED, SILLITTI, FAHY, L. ROSENTHAL, O'DONNELL.  AN ACT TO AMEND THE

                    CRIMINAL PROCEDURE LAW, THE EXECUTIVE LAW AND THE CIVIL PRACTICE

                    LAW AND RULES, IN RELATION TO PROTECTION OF ABORTION SERVICE PROVIDERS.

                                 ACTING SPEAKER ZEBROWSKI:  ON A MOTION BY

                    MR. LAVINE, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED AND THE BILL IS LAID ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A10383-A, RULES

                    REPORT NO. 508, COMMITTEE ON RULES, ABINANTI.  AN ACT AUTHORIZING

                    THE ALIENATION OF CERTAIN PARKLANDS IN THE TOWN OF GREENBURGH IN THE

                    COUNTY OF WESTCHESTER.

                                 ACTING SPEAKER ZEBROWSKI:  ON A MOTION BY

                    MR. ABINANTI, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.  HOME RULE MESSAGE IS AT THE DESK.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                         74



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON SENATE BILL 9325.  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. A10417, RULES REPORT

                    NO. 509, COMMITTEE ON RULES, THIELE.  AN ACT IN RELATION TO

                    AUTHORIZING THE COUNTY OF SUFFOLK TO CONVEY BY APPROPRIATE

                    INSTRUMENTS TO THE HAMPTON BAYS WATER DISTRICT AN EASEMENT IN

                    MESCHUTT BEACH COUNTY PARK FOR INSTALLATION OF A SUBAQUEOUS WATER

                    PIPE CROSSING.

                                 ACTING SPEAKER ZEBROWSKI:  HOME RULE

                    MESSAGE IS AT THE DESK.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON ASSEMBLY BILL 10417.  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.)

                                         75



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A10418-A, RULES

                    REPORT NO. 510, COMMITTEE ON RULES, ABINANTI.  AN ACT TO AMEND THE

                    VILLAGE LAW, IN RELATION TO EXEMPTING THE ARDSLEY VOLUNTEER FIRE

                    DEPARTMENT FROM THE REQUIREMENT THAT THE PERCENTAGE OF NON-RESIDENT

                    FIRE DEPARTMENT MEMBERS NOT EXCEED 45 PERCENT OF THE MEMBERSHIP.

                                 ACTING SPEAKER ZEBROWSKI:  ON A MOTION BY

                    MR. ABINANTI, 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 ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON SENATE BILL 9316-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. A10419, RULES REPORT

                    NO. 511, COMMITTEE ON RULES, GRIFFIN.  AN ACT AUTHORIZING THE BAIS

                    TORAH U'TEFILLAH TO RECEIVE RETROACTIVE REAL PROPERTY TAX-EXEMPT STATUS.

                                         76



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 ACTING SPEAKER ZEBROWSKI:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON ASSEMBLY BILL 10419.  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. A10421, RULES REPORT

                    NO. 512, COMMITTEE ON RULES, PAULIN.  AN ACT TO AMEND THE VEHICLE

                    AND TRAFFIC LAW, IN RELATION TO OWNER LIABILITY FOR FAILURE OF AN

                    OPERATOR TO COMPLY WITH TRAFFIC-CONTROL DEVICES IN THE VILLAGE OF

                    PELHAM MANOR.

                                 ACTING SPEAKER ZEBROWSKI:  ON A MOTION BY

                    MS. PAULIN, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.  HOME RULE MESSAGE IS AT THE DESK.

                                 READ THE LAST SECTION.

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

                    DAY.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON SENATE BILL 9340.  THIS IS A FAST ROLL CALL.  ANY

                                         77



                    NYS ASSEMBLY                                                        MAY 31, 2022

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

                    CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

                    PROVIDED..

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE VOTE.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A10425, RULES REPORT

                    NO. 513, COMMITTEE ON RULES, ABBATE, SILLITTI, ENGLEBRIGHT, THIELE,

                    BRAUNSTEIN, JONES, COLTON, GUNTHER, OTIS, BURDICK, SANTABARBARA,

                    ABINANTI, DINOWITZ, GRIFFIN, LAVINE, WOERNER, STERN, JEAN-PIERRE.  AN

                    ACT TO AMEND THE CIVIL SERVICE LAW AND THE LABOR LAW, IN RELATION TO

                    CLARIFYING THE VESTING OF RETIREE HEALTH INSURANCE WITHIN COLLECTIVE

                    BARGAINING AGREEMENTS.

                                 ACTING SPEAKER ZEBROWSKI:  THE BILL IS LAID

                    ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A10439, RULES REPORT

                    NO. 514, COMMITTEE ON RULES, FAHY, THIELE, L. ROSENTHAL.  AN ACT TO

                    AMEND THE ENERGY LAW, THE EXECUTIVE LAW AND THE STATE FINANCE

                    LAW, IN RELATION TO ESTABLISHING THE "ADVANCED BUILDING CODES,

                    APPLIANCE AND EQUIPMENT EFFICIENCY STANDARDS ACT OF 2022."

                                 ACTING SPEAKER ZEBROWSKI:  ON A MOTION BY

                    MS. FAHY, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED AND THE BILL IS LAID ASIDE.

                                 MRS. PEOPLES-STOKES.

                                         78



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, IF WE COULD

                    NOW HAVE MEMBERS TAKE THEIR ATTENTION TO RULES REPORT NO. 486.  THAT

                    ONE'S BY MS. PAULIN.  RULES REPORT NO. 493 BY MR. BURDICK, FOLLOWED

                    BY RULES REPORT NO. 507 BY MR. LAVINE.  IN THAT ORDER, MR. SPEAKER.

                                 THANK YOU.

                                 ACTING SPEAKER ZEBROWSKI:  ON THE

                    A-CALENDAR, PAGE NUMBER 13, RULES REPORT NO. 486, THE CLERK WILL

                    READ.


                                 THE CLERK:  SENATE NO. S09384-A, SENATOR CLEARE

                    (A09818-A, PAULIN, DICKENS, GOTTFRIED, CAHILL, GLICK, EPSTEIN, HEVESI,

                    ZINERMAN, DAVILA, ENGLEBRIGHT, BURDICK, SIMON, JACKSON, L.

                    ROSENTHAL, ZEBROWSKI, GALLAGHER, SEAWRIGHT, O'DONNELL).  AN ACT TO

                    AMEND THE EXECUTIVE LAW, IN RELATION TO ADDRESS CONFIDENTIALITY TO

                    PROTECT REPRODUCTIVE HEALTHCARE SERVICES PROVIDERS, EMPLOYEES,

                    VOLUNTEERS, PATIENTS OR IMMEDIATE FAMILY MEMBERS OF REPRODUCTIVE

                    HEALTHCARE SERVICES PROVIDERS.

                                 ACTING SPEAKER ZEBROWSKI:  READ THE LAST

                    SECTION.

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

                    DAY.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON SENATE BILL 9384-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.

                                         79



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 (THE CLERK RECORDED THE VOTE.)

                                 MS. WALSH TO EXPLAIN HER VOTE.

                                 MS. WALSH:  THANK YOU, MR. SPEAKER.  I BELIEVE

                    THAT THIS BILL IS VERY WELL-INTENTIONED.  IT -- IT INTENDS TO PROTECT

                    REPRODUCTIVE HEALTHCARE PROVIDERS AND THOSE PEOPLE SEEKING THEIR

                    SERVICES.  MY CONCERNS WITH THE BILL -- ALTHOUGH I WILL SUPPORT THIS BILL,

                    MY CONCERNS WITH THE BILL ARE -- HAVE TO DO WITH SOME DEFINITIONS THAT I

                    THINK COULD BE TIGHTENED UP WITH EITHER AN AMENDMENT OR -- OR

                    SOMETHING OF THAT NATURE.  FIRST OF ALL, AS FAR AS REPRODUCTIVE HEALTHCARE

                    SERVICE PROVIDERS, WHAT REPRODUCTIVE HEALTHCARE SERVICES ARE

                    ENCOMPASSED IS SOMETHING THAT I THINK COULD STAND SOME CLARIFICATION

                    IN THE BILL.  AND ALSO, AS FAR AS THE ADDRESS CONFIDENTIALITY PROGRAM, I

                    THINK THAT THIS BILL EXPANDS IT TO A GREAT EXTENT.  SO IT INCLUDES NOT JUST

                    THE INDIVIDUALS PROVIDING THE SERVICES, HOWEVER THOSE ARE DEFINED, BUT

                    ALSO ANY VOLUNTEER OR ANY PATIENT.  IT GOES INTO -- IMMEDIATE FAMILY

                    MEMBERS COULD MEAN SPOUSE, PARENTS, CHILDREN AND SIBLINGS,

                    STEPPARENTS, STEPCHILDREN AND SIBLINGS, IN-LAWS GRANDPARENTS AND

                    GRANDCHILDREN.  THAT'S VERY BROAD, AND I THINK THAT A MORE NARROW

                    SCOPE WOULD BE BENEFICIAL.

                                 BUT AGAIN, I WILL SUPPORT THE BILL IN ITS CURRENT FORM.  I

                    DO THINK THAT SOME AMENDMENT WOULD BE BENEFICIAL IN ORDER TO ACHIEVE

                    THE LEGITIMATE PURPOSE OF TRYING TO PROTECT THOSE INDIVIDUALS WHO ARE

                    PROVIDING THESE -- THESE SERVICES.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER ZEBROWSKI:  MS. WALSH IN

                    THE AFFIRMATIVE.

                                         80



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 PAGE 14, RULES REPORT NO. 493, THE CLERK WILL READ.

                                 THE CLERK:  SENATE S09039-A, SENATOR -- RULES

                    REPORT NO. 493, SENATOR BIAGGI (A10094-A, BURDICK, PAULIN, SILLITTI,

                    GALEF, EPSTEIN, KELLES, GONZÁLEZ-ROJAS, NIOU, OTIS, GOTTFRIED, REYES,

                    ANDERSON, DINOWITZ, HEVESI, GALLAGHER, L. ROSENTHAL, GRIFFIN,

                    O'DONNELL.  AN ACT TO AMEND THE CIVIL RIGHTS LAW, IN RELATION TO

                    ESTABLISHING A CAUSE OF ACTION FOR UNLAWFUL INTERFERENCE WITH PROTECTED

                    RIGHTS.

                                 ACTING SPEAKER ZEBROWSKI:  AN EXPLANATION

                    IS REQUESTED, MR. BURDICK.

                                 MR. BURDICK:  THANK YOU, MR. SPEAKER.  THIS IS

                    AN ACT TO AMEND THE CIVIL RIGHTS LAW IN RELATION TO ESTABLISHING A

                    CAUSE OF ACTION FOR UNLAWFUL INTERFERENCE WITH PROTECTED RIGHTS.

                                 ACTING SPEAKER ZEBROWSKI:  MR. GOODELL.

                                 MR. GOODELL:  THANK YOU, SIR.

                                 ON THE BILL.

                                 ACTING SPEAKER ZEBROWSKI:  ON THE BILL.

                                 MR. GOODELL:  I APPRECIATE THAT VERY BRIEF

                    EXPLANATION AND I'LL TRY TO BE BRIEF AS WELL.  THANK YOU, SIR.  THIS BILL

                    ESTABLISHES A CAUSE OF ACTION FOR INTERFERENCE WITH ANYONE'S ATTEMPT TO

                    EXERCISE OR FACILITATE OR ATTEMPT TO FACILITATE ACCESSING MEDICAL

                    SERVICES.  AND THE BILL TALKS SPECIFICALLY ABOUT REPRODUCTIVE HEALTH, BUT

                                         81



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    IT GOES ON TO SAY THAT IT IS NOT IN ANY WAY LIMITED TO REPRODUCTIVE

                    HEALTH.  AND SO UNFORTUNATELY, THIS BILL WOULD APPLY IN SITUATIONS WHERE

                    YOU MAY HAVE A FAMILY THAT IS NOT IN AGREEMENT OVER AN AGING PARENT

                    WHO'S UNCONSCIOUS.  AND -- AND THIS HAPPENS SOMETIMES WITH FAMILIES.

                    AND THEY DON'T KNOW WHETHER THEY SHOULD KEEP THE AGING PARENT ON

                    LIFE SUPPORT OR TO TERMINATE THE LIFE SUPPORT.  AND THE ACTUAL LANGUAGE

                    OF THIS BILL WOULD TRIGGER IN THAT SITUATION AND COULD POTENTIALLY CREATE

                    LIABILITY FOR ONE SON OR DAUGHTER AGAINST A DIFFERENT SON OR DAUGHTER

                    BASED ON THE HEALTHCARE DECISIONS THEY MIGHT MAKE.  AND I THINK THAT'S

                    WAY BEYOND WHAT THE SPONSOR INTENDED, BUT THAT'S ACTUALLY WHAT THE

                    LANGUAGE PROVIDES.  IT WOULD ALSO APPLY IN WRONGFUL DEATH SITUATIONS.

                    SO, IT'S -- IT'S GOT VERY BROAD RAMIFICATIONS INSIDE NEW YORK THAT GO

                    WAY BEYOND JUST REPRODUCTIVE HEALTH.  BUT THE LAST THING I WOULD

                    MENTION IS THAT THIS BILL PURPORTS TO GIVE YOU A CAUSE OF ACTION IF A

                    COURT IN A DIFFERENT STATE OR A LAWSUIT IN A DIFFERENT STATE INVOLVES SOME

                    OF THE OTHER PARTIES.  AND NEW YORK JUST DOES NOT HAVE THE JURISDICTION

                    TO CREATE A CAUSE OF ACTION IN NEW YORK THAT APPLIES TO PEOPLE WHO ARE

                    NOT RESIDENTS OF NEW YORK THAT ARE DOING ACTIVITIES OUTSIDE THE

                    BOUNDARIES OF NEW YORK.

                                 AND SO BECAUSE OF THOSE CONSTITUTIONAL RESTRICTIONS

                    AND THE VERY BROAD LANGUAGE, I WOULD RECOMMEND MY COLLEAGUES VOTE

                    AGAINST IT AND THAT'S WHY AMONG OTHER REASONS I'M SUGGESTING THAT THIS

                    BE A PARTY VOTE IN THE NEGATIVE.  THANK YOU, SIR.  AND THANK YOU TO THE

                    SPONSOR FOR THAT VERY SUCCINCT EXPLANATION.

                                 MR. BURDICK:  MR. SPEAKER, ON THE BILL.

                                         82



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 ACTING SPEAKER ZEBROWSKI:  MR. BURDICK ON

                    THE BILL.

                                 MR. BURDICK:  I WOULD RESPECTFULLY DISAGREE WITH

                    MY COLLEAGUE WHO JUST SPOKE.  THESE ARE SIMPLY TO SAFEGUARD RIGHTS

                    THAT ARE PROTECTED UNDER NEW YORK LAW.  SO IF A PERSON FROM ANOTHER

                    STATE ATTACKS THOSE RIGHTS, THEN THE STATE OF NEW YORK HAS WHAT I

                    BELIEVE TO BE BOTH A MORAL OBLIGATION AND HAS THE LEGAL RIGHT TO DEFEND

                    THOSE RIGHTS.  AND THE INDIVIDUAL WHOSE RIGHTS ARE BEING ATTACKED CAN

                    SIMPLY HAVE A CAUSE OF ACTION AGAINST THE PERSON WHO'S ATTACKING THOSE

                    RIGHTS.  IT'S A VERY SIMPLE APPROACH.  IT REALLY DOESN'T INVOLVE THE STATE

                    AT ALL.  AND I DO THINK THAT THE PREVIOUS SPEAKER'S CONCERNS ARE A BIT

                    OVERBLOWN.  I BELIEVE THIS BILL IS VERY MUCH NEEDED SO THAT WE COULD

                    PROTECT THOSE WHO COME WITHIN NEW YORK STATE TO SEEK SERVICES THAT

                    MAY NOT BE AVAILABLE TO THEM OR MAY BE ILLEGAL IN THEIR HOME STATE.

                                 SO I -- I VOTE IN THE AFFIRMATIVE.  THANK YOU, MR.

                    SPEAKER.

                                 ACTING SPEAKER ZEBROWSKI:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE ON SENATE BILL 9039-A.  THIS IS A PARTY VOTE.  ANY MEMBER

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

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

                    PREVIOUSLY PROVIDED.

                                 MR. GOODELL.

                                         83



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 MR. GOODELL:  THANK YOU, SIR.  THE REPUBLICAN

                    PARTY IS GENERALLY OPPOSED TO THIS LEGISLATION.  THOSE WHO SUPPORT IT

                    ARE CERTAINLY ENCOURAGED TO VOTE IN FAVOR ON THE FLOOR OR BY CONTACTING

                    THE MINORITY LEADER'S OFFICE.  THANK YOU, SIR.

                                 ACTING SPEAKER ZEBROWSKI:  MRS. PEOPLES-

                    STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  THE MAJORITY CONFERENCE IS GENERALLY GOING TO BE IN FAVOR OF

                    THIS PIECE OF LEGISLATION.  HOWEVER, THERE MAY BE THOSE OF US WHO

                    WOULD LIKE TO BE AN EXCEPTION.  THEY SHOULD FEEL FREE TO EITHER CONTACT

                    THE MAJORITY LEADER'S OFFICE AND SAY SO OR DO SO ON THE FLOOR.  WE'LL

                    MAKE SURE THEIR VOTE IS PROPERLY RECORDED, SIR.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 PAGE 17, RULES REPORT NO. 507, THE CLERK WILL READ.


                                 THE CLERK:  SENATE NO. S09077-A, RULES REPORT

                    NO. 507, SENATOR KRUEGER (A10372-A, COMMITTEE ON RULES, LAVINE,

                    WALLACE, STECK, GOTTFRIED, SILLITTI, FAHY, L. ROSENTHAL, O'DONNELL).  AN

                    ACT TO AMEND THE CRIMINAL PROCEDURE LAW, THE EXECUTIVE LAW AND THE

                    CIVIL PRACTICE LAW AND RULES, IN RELATION TO PROTECTION OF ABORTION

                    SERVICE PROVIDERS.

                                 ACTING SPEAKER ZEBROWSKI:  READ THE LAST

                    SECTION.

                                         84



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON SENATE BILL 9077-A.  THIS IS A PARTY VOTE.  ANY

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

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

                    NUMBERS PREVIOUSLY PROVIDED.

                                 MR. GOODELL.

                                 MR. GOODELL:  THANK YOU, SIR.  THE REPUBLICAN

                    CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION.  THOSE WHO

                    SUPPORT IT ARE WELCOME TO VOTE IN FAVOR OF IT ON THE FLOOR OR BY

                    CONTACTING THE MINORITY LEADER'S OFFICE.

                                 THANK YOU, SIR.

                                 ACTING SPEAKER ZEBROWSKI:  MRS. PEOPLES-

                    STOKES.

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, THE

                    MAJORITY CONFERENCE IS GENERALLY GOING TO BE IN FAVOR OF THIS PIECE OF

                    LEGISLATION.  HOWEVER, THERE MAY BE THOSE OF US WHO WOULD CHOOSE TO

                    BE AN EXCEPTION.  THEY SHOULD FEEL FREE TO CONTACT THE MAJORITY

                    LEADER'S OFFICE, THEIR VOTE WILL BE PROPERLY RECORDED.

                                 THANK YOU, SIR.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ACTING SPEAKER ZEBROWSKI:  MR. LAVINE TO

                    EXPLAIN HIS VOTE.

                                 MR. LAVINE:  I WILL BE VOTING IN THE AFFIRMATIVE.  I

                    NEVER THOUGHT IN MY LIFETIME THAT I WOULD SEE THE SUPREME COURT OF

                                         85



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    THE UNITED STATES UTTERLY GUT, EVISCERATE A FUNDAMENTAL HUMAN RIGHT.

                    BUT THAT IS WHAT'S HAPPENING.  AND WE IN NEW YORK MUST PREPARE

                    OURSELVES TO PROTECT OUR CITIZENS AND TO PROTECT CITIZENS OF OTHER STATES

                    WHO COME TO NEW YORK STATE TO HAVE MEDICAL PROCEDURES CONSISTENT

                    WITH AND PURSUANT TO OUR LAWS.  AND THAT'S WHAT THIS BILL DOES.  WE IN

                    NEW YORK ARE NOT GOING TO COOPERATE WITH OTHER STATES THAT ARE ROBBING

                    WOMEN OF THEIR HUMAN RIGHTS.  AND WE ARE NOT ONLY NOT GOING TO

                    COOPERATE WITH THEM, IT'S ABOUT TIME THAT EVERYONE IN THIS COUNTRY,

                    WHETHER THEY'RE IN NEW YORK OR ANY OTHER STATE, STANDS UP FOR RIGHTS

                    BECAUSE THEY'RE NOT SIMPLY HUMAN RIGHTS, THEY ARE NOT SIMPLY WOMEN'S

                    RIGHTS, THEY ARE THE RIGHTS OF EACH AND EVERY AMERICAN.  AMERICAN

                    WOMEN AND AMERICAN MEN.  WE ARE NOT GOING TO STAND IDLY BY WHILE

                    OUR RIGHTS ARE ROBBED OF US.

                                 I VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER ZEBROWSKI:  MR. LAVINE IN

                    THE AFFIRMATIVE.

                                 MR. DIPIETRO TO EXPLAIN HIS VOTE.

                                 MR. DIPIETRO:  I RISE TO EXPLAIN MY VOTE.  MOSTLY

                    THIS IS POLITICAL THEATER, THIS BILL.  IT'S SO FUNNY HOW WE TALK ABOUT RIGHTS

                    IN THIS CHAMBER BUT WE NEVER TALK ABOUT THE HUMAN RIGHT THAT'S IN THE

                    WOMAN'S WOMB.  AND LET'S MAKE NO MISTAKE THAT THAT IS A HUMAN

                    BEING.  IT'S NEVER BEEN ANYTHING ELSE IN THE HISTORY IN THE WORLD.  IT'S A

                    BABY.  IT'S BOY OR IT'S A GIRL.  END OF STORY.  IT'S NOT A DOG, IT'S NOT A CAT,

                    IT'S NOT AN AMEBA, IT'S NOT A SPECK OF DUST.  BUT IN THIS CHAMBER WE SIT

                    BACK AND TALK ABOUT POLITICS, IT CAN BE KILLED UP TO BIRTH AND AFTER BIRTH

                                         86



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    AS LONG AS IT'S STILL ON THE UMBILICAL CORD.  AND THAT'S SOMEHOW A

                    HUMAN RIGHT.  THAT'S NOT A HUMAN RIGHT, THAT'S MURDER.  ALWAYS HAS

                    BEEN, ALWAYS WILL BE.  YOU GOT YOUR OPINION, I HAVE MINE.  AND I'LL

                    STAND VERY FIRM ON MY BELIEF THAT THIS IS NOTHING BUT MURDER.  AND

                    WE'VE GONE WAY OVERBOARD IN NEW YORK STATE, WAY OVER THE TOP.

                    THERE'S NO MORALITY IN THIS CHAMBER.  THE PLUMB LINE IS GONE WHEN WE

                    START PASSING CRAP LIKE THIS.

                                 I VOTE IN THE NO.  THANK YOU, SIR.

                                 ACTING SPEAKER ZEBROWSKI:  MR. DIPIETRO IN

                    THE NEGATIVE.

                                 MR. FITZPATRICK TO EXPLAIN HIS VOTE.

                                 MR. FITZPATRICK:  THANK YOU, MR. SPEAKER.  EVER

                    SINCE THE ROE V. WADE DECISION THERE'S BEEN DEBATE BETWEEN ATTORNEYS

                    ON BOTH SIDES OF THE ISSUE AS TO WHETHER THERE IS A RIGHT GRANTED IN THE

                    CONSTITUTION TO ABORTION.  AND EVEN ATTORNEYS ON THE LEFT HAVE AGREED

                    THAT IT'S REALLY NOT OUTLINED IN THE CONSTITUTION AS A -- AS A HUMAN RIGHT

                    OR A -- A RIGHT IN THAT CONSTITUTION.  AND WHEN THAT OCCURS IN THE U.S.

                    CONSTITUTION, YOU ARE REQUIRED TO RETURN THIS ISSUE TO THE STATES WHERE IT

                    WILL BE DECIDED IN THE STATE LEGISLATURES OF THE 50 STATES.  THAT IS WHAT

                    THE SUPREME COURT DID.  IT FOLLOWED THROUGH AND CORRECTED WHAT WAS

                    ORIGINALLY BAD LAW.  IT WILL NOT AFFECT THE PEOPLE OF THE STATE OF NEW

                    YORK, UNFORTUNATELY - I'M ON THE OTHER SIDE OF THE ISSUE - BUT THE

                    SUPREME COURT DID THE RIGHT THING, THEY MADE THE CORRECT DECISION AND

                    NOW 50 STATE LEGISLATURES AND THE PEOPLE OF THE 50 STATES WILL HAVE

                    THIS DEBATE AND MAKE THOSE DECISIONS AT THE STATE LEVEL, NOT AT THE

                                         87



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    FEDERAL LEVEL WHERE IT WAS NEVER SUPPOSED TO HAVE TAKEN PLACE.

                                 THANK YOU.

                                 ACTING SPEAKER ZEBROWSKI:  MR. FITZPATRICK

                    IN THE NEGATIVE.

                                 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 AND MY

                    COLLEAGUES, WE'RE GOING TO CONTINUE OUR WORK ON THE FLOOR DAY OFF THE

                    DEBATE LIST.  AND WE'RE GOING START WITH RULES REPORT NO. 220 BY MS.

                    GRIFFIN, FOLLOWED BY RULES REPORT NO. 275 BY MR. LAVINE, FOLLOWED BY

                    RULES REPORT NO. 349 BY MR. EPSTEIN, RULES REPORT NO. 353 BY MS.

                    WOERNER, RULES REPORT NO. 354 BY MR. ABBATE, RULES REPORT NO. 361

                    BY MR. EICHENSTEIN, RULES REPORT NO. 423 BY MR. ABBATE, RULES

                    REPORT NO. 429 BY MR. MAGNARELLI, AND CALENDAR NO. 121 BY MR.

                    EPSTEIN, CALENDAR NO. 272 BY MR. ENGLEBRIGHT AND CALENDAR NO. 594

                    BY MR. MCDONALD.  IN THAT ORDER, SIR.  THANK YOU.

                                 ACTING SPEAKER ZEBROWSKI:  THANK YOU.

                                 OFF THE DEBATE LIST, PAGE 7, RULES REPORT NO. 220, THE

                    CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A09307-B, RULES

                    REPORT NO. 220, GRIFFIN, SOLAGES.  AN ACT TO AMEND THE GENERAL

                    MUNICIPAL LAW AND THE PUBLIC AUTHORITIES LAW, IN RELATION TO

                    COUNTYWIDE SHARED SERVICES PANELS.

                                         88



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 ACTING SPEAKER ZEBROWSKI:  ON A MOTION BY

                    MS. GRIFFIN, 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 ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON SENATE BILL 7864-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.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 PAGE 8, RULES REPORT NO. 275, THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A10220-A, RULES

                    REPORT NO. 275, COMMITTEE ON RULES, LAVINE.  AN ACT TO AMEND

                    CHAPTER 455 OF THE LAWS OF 1997 AMENDING THE NEW YORK CITY CIVIL

                    COURT ACT AND THE CIVIL PRACTICE LAW AND RULES RELATING TO AUTHORIZING

                    NEW YORK CITY MARSHALS TO EXERCISE THE SAME FUNCTIONS, POWERS AND

                    DUTIES AS SHERIFFS WITH RESPECT TO THE EXECUTION OF MONEY JUDGMENTS OF

                    THE SUPREME AND FAMILY COURTS OF THE CITY OF NEW YORK AND DEFINING

                    THE TERM "THE SHERIFF" AS USED THEREIN, IN RELATION TO EXTENDING THE

                    EFFECTIVENESS OF SUCH CHAPTER.

                                 ACTING SPEAKER ZEBROWSKI:  ON A MOTION BY

                                         89



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    MR. LAVINE, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON SENATE BILL 9035.  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.)

                                 PAGE 13, RULES REPORT NO. 349, THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A09523-B, RULES

                    REPORT NO. 349, EPSTEIN, ENGLEBRIGHT, STECK, SIMON, AUBRY, WALLACE,

                    CLARK, SAYEGH, SILLITTI, DAVILA, BURDICK, REYES, GIBBS, SOLAGES,

                    ABINANTI, CRUZ, THIELE, GLICK, L. ROSENTHAL, COLTON, LUNSFORD, OTIS,

                    GOTTFRIED.  AN ACT TO AMEND THE LABOR LAW, IN RELATION TO CERTIFICATION

                    OF EMPLOYMENT WITH PUBLIC SERVICE EMPLOYERS FOR PURPOSES OF THE

                    FEDERAL PUBLIC SERVICE LOAN FORGIVENESS PROGRAM.

                                 ACTING SPEAKER ZEBROWSKI:  ON A MOTION BY

                    MR. EPSTEIN, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                         90



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON SENATE BILL 8389-C.  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. EPSTEIN TO EXPLAIN HIS VOTE.

                                 MR. EPSTEIN:  THANK YOU, MR. SPEAKER.  I RISE TO

                    EXPLAIN MY VOTE.  THIS IS A REALLY IMPORTANT BILL TO HELP STATE

                    EMPLOYEES TO BE ELIGIBLE FOR FEDERAL LOAN FORGIVENESS.  I WANT TO

                    APPLAUD THE SPEAKER AND OUR COLLEAGUES WHO MOVED THIS FORWARD.  I

                    ENCOURAGE EVERYONE TO VOTE IN THE -- IN THE AFFIRMATIVE TO HELP SO MANY

                    PEOPLE GET THEIR OWN LOAN FORGIVENESS.

                                 ACTING SPEAKER ZEBROWSKI:  MR. EPSTEIN IN

                    THE AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 PAGE 13, RULES REPORT NO. 353, THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A09649-A, RULES

                    REPORT NO. 353, WOERNER, LUPARDO, GRIFFIN, FAHY, STIRPE, GOTTFRIED,

                    DICKENS, BUTTENSCHON, JONES, GLICK, COLTON, KELLES, DESTEFANO, J.A.

                    GIGLIO, LEMONDES.  AN ACT TO AMEND THE ECONOMIC DEVELOPMENT LAW,

                    THE STATE FINANCE LAW AND THE AGRICULTURE AND MARKETS LAW, IN

                    RELATION TO ENACTING THE NEW YORK TEXTILE ACT.

                                         91



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 ACTING SPEAKER ZEBROWSKI:  READ THE LAST

                    SECTION.

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

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON ASSEMBLY BILL 9649-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 HER VOTE.

                                 MS. WOERNER:  THANK YOU, MR. SPEAKER.  MR.

                    SPEAKER AND MY COLLEAGUES, THIS BILL WILL SERVE TO LAY THE FOUNDATION TO

                    ACCELERATE THE GROWTH OF THE TEXTILE INDUSTRY IN NEW YORK.  WE'VE SEEN

                    IN THE HUDSON VALLEY HOW BY BUILDING OUT THE SUPPLY CHAIN THAT

                    PRODUCES TEXTILES ON A INDUSTRIAL LEVEL, WE CAN GROW THE -- THE FIBER

                    PRODUCTION FROM THE FARMS ALL THE WAY TO THE FASHION INDUSTRY IN NEW

                    YORK CITY.

                                 SO, I APPRECIATE YOUR SUPPORT, MR. SPEAKER, FOR THIS

                    BILL AND ASK THAT ALL MY COLLEAGUES JOIN ME IN GROWING THIS PARTICULAR

                    UPSTATE AND DOWNSTATE INDUSTRY IN NEW YORK STATE.  THANK YOU.

                                 ACTING SPEAKER ZEBROWSKI:  MS. WOERNER IN

                    THE AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                         92



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 PAGE 14, RULES REPORT NO. 354, THE CLERK WILL READ.

                                 THE CLERK:  SENATE S08532-A, RULES REPORT NO.

                    354, SENATOR JACKSON (A09668-A, ABBATE, PHEFFER AMATO).  AN ACT TO

                    AMEND THE RETIREMENT AND SOCIAL SECURITY LAW, IN RELATION TO

                    INVESTMENTS BY PUBLIC PENSION FUNDS.

                                 ACTING SPEAKER ZEBROWSKI:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON SENATE BILL 8532-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.

                                 RULES REPORT -- PAGE 14, RULES REPORT NO. 361, THE

                    CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A09749-B, RULES

                    REPORT NO. 361, EICHENSTEIN, ROZIC, L. ROSENTHAL.  AN ACT TO AMEND

                    THE SOCIAL SERVICES LAW, IN RELATION TO REQUIRING THAT TWO ELECTRONIC

                    BENEFIT TRANSFER CREDIT OR DEBIT CARDS BE AVAILABLE TO CERTAIN HOUSEHOLDS

                    RECEIVING SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)

                    BENEFITS.

                                         93



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 ACTING SPEAKER ZEBROWSKI:  READ THE LAST

                    SECTION.

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

                    DAY.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON ASSEMBLY BILL 9749-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.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 PAGE 17, RULES REPORT NO. 423, THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A09851, RULES REPORT

                    NO. 423, ABBATE, LUPARDO, COLTON, ABINANTI, GRIFFIN.  AN ACT TO

                    AMEND THE RETIREMENT AND SOCIAL SECURITY LAW, IN RELATION TO THE

                    CALCULATION OF FINAL AVERAGE SALARY FOR CERTAIN MEMBERS OF THE NEW

                    YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM.

                                 ACTING SPEAKER ZEBROWSKI:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON ASSEMBLY BILL 9581.  THIS IS A FAST ROLL CALL.  ANY

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

                                         94



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    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.  ALL OF US HERE IN

                    THIS CHAMBER WHO ARE IN THE STATE RETIREMENT SYSTEM KNOW THAT OUR

                    RETIREMENT IS BASED ON THE AVERAGE OF THE THREE -- THE THREE YEARS.  IT'S A

                    THREE-YEAR AVERAGE.  AND FOR THOSE WHO ARE IN TIER 6 IT'S A FIVE-YEAR

                    AVERAGE.  AND THEY SWITCHED IT FROM ONE YEAR IN SOME CASES AND THREE

                    YEARS IN OTHERS TO FIVE YEARS ON TIER 6 BECAUSE THEY REALIZED THERE'S A

                    POTENTIAL FOR FRAUD AND ABUSE.  AND WHAT HAPPENED IS WHEN AN

                    INDIVIDUAL IS THINKING OF RETIRING THEY WOULD TAKE ON MASSIVE AMOUNTS

                    OF OVERTIME OR THROUGH THE COOPERATION OF THEIR EMPLOYER OR THEIR

                    DEPARTMENT THEY WOULD GET A TEMPORARY RAISE.  THEY WOULD THEN BOOST

                    THEIR LAST YEAR'S INCOME WELL ABOVE THEIR BASE, AND OFTENTIMES WE HAD

                    THE SITUATION WHERE SOMEONE WAS RETIRING WITH A PENSION THAT EXCEEDED

                    THEIR BASE SALARY.  AND SO THERE ARE A SERIES OF REFORMS MADE TO TIERS --

                    TO TIER 5, AND ONE OF THE REFORMS SAID THAT INSTEAD OF GOING OFF IN JUST

                    IN ONE YEAR OR THREE YEARS LIKE WE DO, IT WOULD BE FIVE YEARS.  NOW

                    PERSONALLY I THINK FIVE YEARS IS A LOOKBACK THAT'S TOO LONG.  THIS TAKES IT

                    FROM FIVE YEARS TO ONE YEAR, WHICH MEANS THE FINAL PENSION IS BASED ON

                    YOUR FINAL YEAR IN OFFICE.  AND IT'S AN INVITATION FOR FRAUD AND ABUSE

                    BECAUSE WHAT HAPPENS IS DURING THAT ONE YEAR YOU GO TO YOUR BOSS AND

                    SAY, HEY, I WANT ALL THE OVERTIME YOU CAN GIVE ME AND I -- I WANT A

                    TEMPORARY RAISE AND -- AND YOU DO EVERYTHING YOU CAN TO BOOST YOUR

                                         95



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    ONE LAST YEAR SO THAT YOU CAN RETIRE AT TAXPAYER EXPENSE WITH A PENSION

                    THAT SOMETIMES EXCEEDS YOUR BASE SALARY FOR YOUR ENTIRE CAREER.

                                 AND THAT'S WHY I CANNOT SUPPORT THIS BILL.  THANK YOU,

                    SIR.

                                 ACTING SPEAKER ZEBROWSKI:  MR. GOODELL IN

                    THE NEGATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 PAGE 28, CALENDAR NO. 121, THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A03298-A, CALENDAR

                    NO. 121, EPSTEIN, SEAWRIGHT, SAYEGH, MCDONOUGH, ASHBY, GOTTFRIED,

                    L. ROSENTHAL, MCDONALD, SILLITTI, DURSO, ZINERMAN, OTIS.  AN ACT TO

                    AMEND THE PUBLIC HEALTH LAW, IN RELATION TO INFORMATION PROVIDED TO

                    PATIENTS REGARDING SUDDEN UNEXPECTED DEATH IN EPILEPSY.

                                 ACTING SPEAKER ZEBROWSKI:  READ THE LAST

                    SECTION.

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

                    DAY.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON ASSEMBLY BILL 3298-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.)

                                         96



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 PAGE 37, CALENDAR NO. 272, THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A07710-A, CALENDAR

                    NO. 272, ENGLEBRIGHT.  AN ACT TO AMEND THE ENVIRONMENTAL

                    CONSERVATION LAW, IN RELATION TO THE REGULATION OF TAKING CRABS.

                                 ACTING SPEAKER ZEBROWSKI:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON ASSEMBLY BILL 7710-A.  THIS IS A FAST ROLL CALL.  ANY

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

                    CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

                    PROVIDED.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 PAGE 45, CALENDAR NO. 594, THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A05411-D, CALENDAR

                    NO. 594, MCDONALD, THIELE, ENGLEBRIGHT, BURDICK, MONTESANO,

                    SCHMITT, REILLY, LAWLER, MCDONOUGH, LEMONDES, DICKENS, SILLITTI,

                    CUSICK, SIMON, ANGELINO, SALKA, HAWLEY, FORREST, CONRAD.  AN ACT TO

                    AMEND THE INSURANCE LAW, IN RELATION TO ENACTING THE "PATIENT RX

                                         97



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    INFORMATION AND CHOICE EXPANSION ACT."

                                 ACTING SPEAKER ZEBROWSKI:  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 ON THE 180TH

                    DAY.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON SENATE BILL 4620-C.  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 AND

                    COLLEAGUES, IF WE CAN CONTINUE OUR WORK, WE'RE GOING TO GO TO CALENDAR

                    NO. 62 BY MS. BUTTENSCHON, FOLLOWED BY CALENDAR NO. -- NO, RULES

                    REPORT NO. 135 BY MRS. GALEF, RULES REPORT NO. 176 BY MAGNARELLI,

                    RULES REPORT NO. 277 BY MR. CAHILL, RULES REPORT NO. 286 BY MR.

                    CAHILL, AND RULES REPORT NO. 280 BY MR. QUART.  IN THAT ORDER, MR.

                    SPEAKER.

                                 THANK YOU, SIR.

                                         98



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 ACTING SPEAKER ZEBROWSKI:  PAGE 24,

                    CALENDAR NO. 62, THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A01121-C, CALENDAR

                    NO. 62, BUTTENSCHON, JACKSON, FALL, GUNTHER, ABINANTI, SILLITTI, JONES,

                    JACOBSON, CONRAD, GRIFFIN, CUSICK, GALEF, DINOWITZ, SANTABARBARA,

                    SIMON.  AN ACT TO AMEND THE PENAL LAW, IN RELATION TO CREATING THE

                    CERTAIN OFFENSES AND PROVISIONS RELATED TO THE UNLAWFUL DISSEMINATION

                    OF A PERSONAL IMAGE; AND TO AMEND THE CIVIL RIGHTS LAW, IN RELATION TO

                    CREATING A PRIVATE RIGHT OF ACTION FOR SUCH OFFENSES.

                                 ACTING SPEAKER ZEBROWSKI:  ON A MOTION BY

                    MS. BUTTENSCHON, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL

                    IS ADVANCED.

                                 AN EXPLANATION IS REQUESTED, MS. BUTTENSCHON.

                                 MS. BUTTENSCHON:  THIS IS AN AMENDMENT TO A

                    BILL THAT WE PASSED EARLIER IN THE SESSION TO ADD ANOTHER MURDER VICTIM

                    TO THIS BILL, CAROLINE WIMMER.  THIS BILL WILL AMEND THE PENAL LAW,

                    THE CIVIL RIGHTS LAW TO ENACT BIANCA'S AND CAROLINE'S LAWS, WHICH

                    WOULD ESTABLISH THE CRIME OF UNLAWFUL DISSEMINATION OF A PERSONAL

                    IMAGE IN THE FIRST AND SECOND DEGREE AND A RIGHT OF PRIVATE ACTION FOR

                    THESE OFFENSES:  INTENDING TO DEGRADE OR ABUSE A PERSON WHO HAS BEEN A

                    VICTIM OF A CRIME DESCRIBED IN THE PENAL LAW TITLE H.

                                 ACTING SPEAKER ZEBROWSKI:  MS. WALSH.

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

                    SPONSOR YIELD?

                                 ACTING SPEAKER ZEBROWSKI:  MS.

                                         99



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    BUTTENSCHON, WILL YOU YIELD?

                                 MS. BUTTENSCHON:  YES.

                                 ACTING SPEAKER ZEBROWSKI:  THE SPONSOR

                    YIELDS.

                                 MS. WALSH:  THANK YOU VERY MUCH.  SO, WE SPOKE

                    A LITTLE BIT AGO ABOUT THIS BILL, AND I'M WONDERING IF FOR THE BENEFIT OF

                    OUR COLLEAGUES YOU CAN JUST EXPLAIN WHY YOU DEVELOPED THIS BILL AND

                    THE INDIVIDUALS AND THE CONDUCT UNDERLYING THAT -- THAT KIND OF CREATED

                    THE BILL.

                                 MS. BUTTENSCHON:  ABSOLUTELY.  SO BOTH BIANCA

                    DEVINS AND CAROLINE WIMMER WERE BRUTALLY MURDERED WITH THEIR

                    FAMILIES LEFT TO SUFFER IMMENSELY DUE TO THE IMAGES OF THEIR LOVED ONES

                    THAT WERE MURDERED BEING DISSEMINATED NOT JUST THROUGH THEIR

                    COMMUNITIES, BUT ACROSS THE NATION VIA SOCIAL MEDIA.  IN JULY 2019,

                    17-YEAR-OLD BIANCA DEVINS OF UTICA, NEW YORK WAS STABBED TO DEATH

                    AFTER ATTENDING A CONCERT WITH HER ATTACKER.  BIANCA WAS AN OUTGOING,

                    CARING YOUNG WOMAN WITH AN INCREDIBLE BRIGHT FUTURE.  SHE HAD THE

                    POWER TO PUT A SMILE ON ANYONE'S FACE.  AFTER HER ATTACKER COMMITTED

                    THIS HORRENDOUS CRIME HE UPLOADED GRUESOME PHOTOS OF HER CORPSE ON

                    TO SOCIAL MEDIA PLATFORMS.  THE DEVINS FAMILY INITIALLY BECAME AWARE

                    OF BIANCA'S DEATH THROUGH THE IMAGES BEING SENT TO THEM ON THEIR SOCIAL

                    MEDIA ACCOUNTS AND HAVE BEEN HARASSED WITH IMAGES EVER SINCE.  IN

                    MARCH OF 20 -- 2009, CAROLINE WIMMER WAS BRUTALLY MURDERED IN HER

                    WEST BRIGHTON, STATEN ISLAND APARTMENT.  CAROLINE WAS A CHARMING,

                    FUN-LOVING YOUNG WOMAN.  SHE WAS POPULAR AMONG HER FRIENDS AND

                                         100



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    FAMILY AND CLEARLY WAS A GIVING INDIVIDUAL.  EMERGENCY PERSONNEL

                    ARRIVED ON THE SCENE SHORTLY AFTER HER MURDER, AND CAROLINE'S HORRIFIC --

                    WAS HORRIFIED -- EXCUSE ME, HER MOTHER WAS HORRIFIED AS SHE FOUND HER

                    ON THE FLOOR AS A MEDICAL PROVIDER TOOK PICTURES OF CAROLINE AND LATER

                    POSTED THEM ON HIS PERSONAL FACEBOOK PAGE.  IT WOULD BE KNOWN THAT

                    IN THIS UNACCEPTABLE ACT FOR EACH ONE OF THESE INDIVIDUALS THAT

                    DISSEMINATED THESE IMAGES OF THE CRIME, THEY HAD THE INTENT TO GLORIFY

                    VIOLENT ACTIONS, HUMILIATE, DEMEAN AND DEGRADE OR ABUSE THESE

                    INDIVIDUALS AND THEIR FAMILIES.  THESE IMAGES HAVE NO PLACE ON THE

                    INTERNET OR SOCIAL MEDIA SITES.  AND INDIVIDUALS WHO SHARE THESE

                    GRUESOME IMAGES WITH THE INTENT TO ALARM AND ANNOY INDIVIDUALS

                    SHOULD FACE THE CONSEQUENCES.

                                 MS. WALSH:  AND I APPRECIATE THAT EXPLANATION.  IF

                    YOU'LL CONTINUE TO YIELD, I DO HAVE A COUPLE OF MORE QUESTIONS FOR YOU.

                    JUST -- JUST TO TRY TO GET AT -- I MEAN, I THINK THAT FROM YOUR DESCRIPTION

                    OF THE TWO SEPARATE INSTANCES THAT KIND OF LED TO THE CREATION OF THIS

                    BILL, I THINK THAT THERE WOULD BE GENERAL AGREEMENT AMONGST OUR

                    COLLEAGUES THAT THAT'S ABSOLUTELY DISGUSTING, WHAT HAPPENED, BEHAVIOR

                    AND THAT IT -- THAT THERE SHOULD BE CONSEQUENCES FOR IT.  MY QUESTIONING

                    IS GOING TO HAVE TO DO WITH THE KIND OF -- THE -- THE POSSIBLE UNINTENDED

                    CONSEQUENCES OF THE -- OF THE LEGISLATION AND TRY TO GET AT THAT A LITTLE

                    BIT.  SO, FIRST OF ALL, THIS -- THIS BILL CREATES BOTH CRIMINAL AND POTENTIAL

                    CIVIL LIABILITY; IS THAT CORRECT?

                                 MS. BUTTENSCHON:  YES.

                                 MS. WALSH:  SO UNDER THE -- THE CRIMINAL LIABILITY

                                         101



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    SECTION THERE ARE -- THERE'S A REQUIREMENT THAT THE -- IT DEFINES BROADCAST

                    MEANING ELECTRONICALLY TRANSMITTING A VISUAL IMAGE WITH THE INTENT THAT

                    IT BE VIEWED BY A PERSON.  CAN YOU TALK A LITTLE BIT ABOUT THE INTENT

                    REQUIREMENT UNDER THE -- THE SECTION OF THE BILL THAT CREATES CRIMINAL

                    LIABILITY?

                                 MS. BUTTENSCHON:  SO, IF YOU REFER TO THE PENAL

                    LAW 250.71 IN THE SECOND DEGREE, AGAIN, THE KEY WORD IS INTENDING TO

                    DEGRADE OR ABUSE A PERSON WHO HAS BEEN A VICTIM OF A CRIME DESCRIBED

                    IN THE PENAL LAW TITLE H.  SO CLEARLY, WE'RE TALKING ABOUT CAUSING

                    HARM AND EMOTIONAL, FINANCIAL OR PHYSICAL WELFARE OF SUCH VICTIMS OR

                    THE VICTIMS' FAMILIES.

                                 MS. WALSH:  OKAY.  SO FOR -- SO, FOR EXAMPLE, IF

                    YOU HAD A VIDEOTAPE OR A STILL IMAGE OF A VICTIM AND YOU PROVIDED IT TO

                    LAW ENFORCEMENT, WOULD THAT BE CRIMINAL UNDER THIS LEGISLATION?

                                 MS. BUTTENSCHON:  UNDER A LAW ENFORCEMENT

                    INVESTIGATION?

                                 MS. WALSH:  YEAH.  OR JUST TO -- JUST AS PART OF A

                    LAW -- YES, AS PART OF A LAW ENFORCEMENT INVESTIGATION.

                                 MS. BUTTENSCHON:  AGAIN, IF YOU LOOK THAT IS NOT

                    CONSIDERED WITHIN THIS LEGISLATION.

                                 MS. WALSH:  RIGHT.  SO THAT'S CARVED OUT.  WHICH IS

                    A GOOD THING.  I THINK THAT THAT'S A --

                                 MS. BUTTENSCHON:  YES.

                                 MS. WALSH:  -- THAT'S A VERY GOOD THING.  NOW, DOES

                    IT MATTER WHETHER THE IMAGE IS BLURRED OR NOT BLURRED?

                                         102



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 MS. BUTTENSCHON:  SO AGAIN, IF WE REFLECT BACK

                    TO 250.71, THE VICTIM IS IDENTIFIABLE IN THE FORM, SO THE BLURRING WOULD

                    BE ACCEPTABLE.  AGAIN, ANOTHER CARVEOUT.

                                 MS. WALSH:  BECAUSE WE KNOW THAT, LIKE, FOR

                    EXAMPLE, ON -- ON TELEVISION IF THEY'RE REPORTING A CRIME OR IF THERE'S A

                    DOCU -- A DOCUMENTARY PERHAPS ABOUT A PARTICULAR CRIME THAT THEY'RE

                    SHOWING IMAGES, USUALLY THERE'S SOME TYPE OF A WARNING BEFORE IT'S

                    SHOWN OR THERE'S A -- THERE'S A WARNING TO THE VIEWERS.  BUT IF THE -- IF

                    THE IMAGE IS SHOWN AND THEY SAY THIS -- UNFORTUNATELY, THE CRIME VICTIM

                    IS AND THEY NAME THE CRIME VICTIM SO IN THAT WAY THE VICTIM IS

                    IDENTIFIED THROUGH THE REPORTING BUT THE IMAGE ITSELF IS BLURRED, THAT

                    WOULD NOT CREATE LIABILITY TO THE NEWS STATION OR TO THE PUBLISHER OF THE

                    PAPER; IS THAT CORRECT?

                                 MS. BUTTENSCHON:  SO, THE VICTIM IS IDENTIFIABLE

                    FROM THE STILL OR THE VIDEO'S IMAGE ITSELF OR IS FROM THE INFORMATION

                    DISPLAYED IN CONNECTION WITH THE STILL OR VIDEO IMAGE.  AND IT HAS TO

                    HAVE, AGAIN, THE CLEAR INTENT TO DEGRADE, TO ABUSE THE PERSON OR, AGAIN,

                    TO CAUSE THAT DISSEMINATION IN REGARDS TO THE HARM TO THE INDIVIDUALS.

                                 MS. WALSH:  AND THE HARM CAN BE TO THE INDIVIDUAL

                    WHO WAS ACTUALLY THE VICTIM OR IT COULD BE TO THE VICTIM'S FAMILY --

                                 MS. BUTTENSCHON:  EXACTLY.

                                 MS. WALSH:  -- AS WELL.  AS -- AS WAS THE CASE IN THE

                    -- IN THE CASE THAT YOU TALKED ABOUT EARLIER.  OKAY.

                                 SO, THERE -- LET ME GIVE YOU AN EXAMPLE FROM LAST

                    WEEK IN MY DISTRICT.  AT THE HIGH SCHOOL THERE WAS A FIGHT THAT OCCURRED

                                         103



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    IN A -- IN A BATHROOM BETWEEN TWO YOUNG MEN.  ONE -- ONE GUY BEAT --

                    BEAT UP THE OTHER GUY WHILE A BYSTANDER TOOK A VIDEO OF THE FIGHT AS IT

                    WAS TAKING PLACE AND PROVIDED THAT VIDEO TO SCHOOL OFFICIALS AND THEY

                    USED IT AS PART OF IDENTIFYING WHO THE, YOU KNOW, PERSON WAS WHO --

                    WHO WAS DEALING OUT THE BEATING.  BUT ALSO, THAT VIDEO FOUND ITS WAY

                    AROUND.  I DON'T KNOW HOW THEY DID IT, WHETHER ON SNAPCHAT OR SOME

                    SOCIAL MEDIA PLATFORM.  IF -- IF THAT WERE PROVEN AND SHOWN, WOULD THAT

                    BE SOMETHING THAT WOULD BE ENCOMPASSED BY THIS LEGISLATION?  WOULD

                    THERE BE POTENTIAL CRIMINAL RESPONSIBILITY ON THE PART OF THE INDIVIDUAL

                    THAT TOOK THE VIDEO AND DISSEMINATED THE VIDEO?

                                 MS. BUTTENSCHON:  SO AGAIN, I REFLECT BACK ON

                    THE WORD OF THE INTENT.  BUT IF YOU LOOK WITHIN A DISCUSSION IN REGARDS

                    TO 250.72, IT TALKS ABOUT THE IMPORTANCE OF JUDICIAL DISCRETION.  SO

                    AGAIN, THOSE DECISIONS WOULD BE MADE IN A COURTROOM AND THE

                    IMPORTANCE OF ENSURING THAT JUSTICE -- THE COURTS HAVE THAT JUDICIAL

                    DISCRETION WHEN MAKING THAT THAT DETERMINATION.

                                 MS. WALSH:  SO, YEAH, UNDERSTANDING THAT WE

                    WOULD -- THERE WOULD BE A NEED TO SHOW THAT THERE WAS AN INTENT TO --

                    AN INTENT TO DEGRADE OR ABUSE THE PERSON WHO HAD BEEN THE VICTIM OF

                    THE CRIME.  BUT THAT IS SOMETHING THAT COULD BE ENCOMPASSED BY THIS

                    LEGISLATION, THOUGH, CORRECT?

                                 MS. BUTTENSCHON:  BUT AGAIN -- YES.  AGAIN --

                                 MS. WALSH:  BE SUBJECT TO JUDICIAL DISCRETION.

                                 MS. BUTTENSCHON:  RIGHT.  AND INCLUDING THE

                    FAMILIES.  SO THE COURT MAY ORDER PERMANENT OR REMOVE SUCH IMAGES

                                         104



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    FROM THE WEBSITE, BUT ONLY IF THE IMAGES ARE REASONABLY WITHIN THE

                    WEBSITE'S CONTROL.  SO AGAIN, IT'S EXPLICITLY TO THE COURTS TO MAKE THOSE

                    DECISIONS.

                                 MS. WALSH:  OKAY.  OR TO THE CHARGING AUTHORITY.  IT

                    COULD BE TO THE DA'S OFFICE OR --

                                 MS. BUTTENSCHON:  YES.

                                 MS. WALSH:  -- THE PROSECUTING AUTHORITY.

                                 MS. BUTTENSCHON:  ABSOLUTELY.

                                 MS. WALSH:  OKAY.  SO, NOW I WANT TO JUST TALK A

                    BIT -- A LITTLE BIT ABOUT THE CONCERNS THAT HAVE BEEN PREVIOUSLY RAISED

                    ABOUT THE -- YOU KNOW, ABOUT THE LEGISLATION FROM, GENERALLY SPEAKING,

                    THE MOTION PICTURE ASSOCIATION OF AMERICA AND THE NEW YORK NEWS

                    PUBLISHERS ASSOCIATION.  THEIR CONCERN -- THEY ACKNOWLEDGE, AS I DO,

                    THE VERY LAUDABLE GOAL OF TRYING TO PROTECT CRIME VICTIMS AND THEIR

                    LOVED ONES FROM FURTHER PAIN BY THOSE WHO WOULD PUBLISH THEIR IMAGES

                    SOLELY FOR PRURIENT INTERESTS OR -- BUT THIS BILL ALSO SPEAKS TO THE

                    PUBLISHING OF IMAGES FOR PROFIT AND CLEARLY, PRINT MEDIA AND MOTION

                    PICTURE ASSOCIATION, THEY WOULD BE POTENTIALLY -- THEY'RE IN THE PROFIT-

                    MAKING BUSINESS AND THEY COULD BE PUBLISHING THESE IMAGES OR

                    DISSEMINATING THESE IMAGES AS PART OF THE WORK THAT THEY DO, WHETHER

                    IT'S DOCUMENTARY, NEWS, PRINT MEDIA.  SO HAVE YOU -- HAVE YOU

                    REFLECTED UPON THE CONCERNS RAISED BY THE MOTION PICTURE ASSOCIATION

                    AND THE NEW YORK NEWS PUBLISHERS ASSOCIATION?  THEY'VE -- THEY'VE

                    ASKED FOR AMENDMENTS TO THE BILL AND YOU HAD STATED DURING YOUR

                    EXPLANATION THAT THE BILL WAS AMENDED BUT IT DID NOT -- IT WAS NOT

                                         105



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    AMENDED IN RESPONSE TO THEIR CONCERNS, IT WAS AMENDED TO ADD ANOTHER

                    PERSON'S NAME TO THE -- THE -- KIND OF THE TITLE OF THE BILL; IS THAT

                    CORRECT?

                                 MS. BUTTENSCHON:  YES.  AND WE -- AND WE ARE

                    AWARE OF THOSE CONCERNS.  IT -- COULD THERE BE FUTURE AMENDMENTS?

                    ABSOLUTELY, IN REGARDS TO THE IMPORTANCE OF WHAT THEY HAVE BROUGHT

                    FORWARD.

                                 MS. WALSH:  I MEAN, DO YOU ACKNOWLEDGE THAT THEY

                    -- THAT THEY HAVE A CONCERN THAT THERE'S -- I'M JUST READING A LITTLE BIT

                    FROM THE MOTION PICTURE ASSOCIATION'S MEMO AND THEY STATE THAT,

                    THERE'S A LONGSTANDING JOURNALISTIC PRACTICE OF INCLUDING CRIME

                    VICTIMS' IMAGES IN THEIR NEWS OR HISTORICAL REPORTING.  SUCH IMAGES

                    APPEAR NOT ONLY IN NEWS REPORTING BUT ALSO IN HISTORY-BASED

                    DOCUMENTARIES THAT COVER WARS, GENOCIDES, SYSTEMIC RACISM, INSTANCES

                    OF DOMESTIC VIOLENCE AND NOTORIOUS AS WELL AS LESSER-KNOWN CRIMES.

                    SO THAT -- THAT'S THEIR CONCERN, THAT THEY COULD BE -- THAT IN ADDITION TO

                    CREATING CRIMINAL RESPONSIBILITY UNDER YOUR LEGISLATION THERE'S ALSO THE

                    POSSIBILITY OF A PRIVATE RIGHT OF ACTION AND CIVIL RESPONSIBILITY WHERE

                    THEY COULD BE HELD RESPONSIBLE FOR MONEY DAMAGES FOR -- FOR

                    PUBLISHING THESE -- OR DISSEMINATING THESE IMAGES.  DO YOU

                    ACKNOWLEDGE THAT -- THAT THEY COULD HAVE A LEGITIMATE CONCERN HERE

                    WITH THE -- THE POSSIBLE EXPOSURE THAT THEY COULD HAVE?

                                 MS. BUTTENSCHON:  I UNDERSTAND THE CONCERNS

                    BUT WE DO HAVE EXCEPTIONS.

                                 MS. WALSH:  OKAY.

                                         106



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 MS. BUTTENSCHON:  AND -- AND AGAIN, THE

                    EXEMPT ACTIVITIES INCLUDE REPORTING OF UNLAWFUL CONDUCT AS WELL AS

                    SHARING THE IMAGES MADE FOR LEGITIMATE PURPOSES.

                                 MS. WALSH:  BUT IS -- LEGITIMATE PURPOSES IS NOT

                    DEFINED.

                                 MS. BUTTENSCHON:  BUT AGAIN, WE WOULD REFLECT

                    TO OUR COURTS WITH THE IMPORTANCE OF JUDICIAL DISCRETION.  IT IS -- IS

                    IMPERATIVE THAT JUDICIAL DISCRETION IS THERE TO MAKE THESE DECISIONS.

                                 MS. WALSH:  ALL RIGHT.  VERY -- VERY GOOD.  THANK

                    YOU SO MUCH.

                                 MS. BUTTENSCHON:  THANK YOU.

                                 MS. WALSH:  MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER ZEBROWSKI:  ON THE BILL.

                                 MS. WALSH:  SO AS I SAID, I THINK THAT THIS -- THIS

                    PIECE OF LEGISLATION COMES FROM A VERY GOOD -- GOOD PLACE IN TRYING TO

                    PREVENT AND PUNISH THE KIND OF BEHAVIOR THAT HAPPENED TO THESE POOR --

                    THESE POOR FAMILIES THAT WERE -- THAT WERE HERE LAST WEEK ACTUALLY, THAT

                    YOU INTRODUCED ON THE FLOOR.  AND TO HAVE TO -- ON THE ANNIVERSARY OF

                    THEIR FAMILY MEMBER'S PASSING TO HAVE TO HAVE THESE -- THESE DISTURBING

                    IMAGES CONTINUALLY SENT TO THEM IS REALLY, REALLY JUST HORRENDOUS AND I

                    CAN UNDERSTAND WHY THE BILL WAS DEVELOPED IN RESPONSE TO THAT.  MY --

                    MY CONCERN REALLY IS ALSO REFLECTED IN THE MEMOS THAT WE RECEIVED

                    FROM PRINT MEDIA AND FROM THE MOTION PICTURE ASSOCIATION.  BECAUSE I

                    THINK THAT EVEN IF THAT IN THE END IT WAS NOT FOUND THAT THEY DID

                    ANYTHING WRONG BECAUSE THERE WAS NO INTENT TO INJURE, IT DOES SPEAK TO

                                         107



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    THE DISSEMINATION OF IMAGES FOR PROFIT, WHICH THEY CLEARLY ARE IN A

                    PROFIT-MAKING INDUSTRY.  AND, YOU KNOW, WE ATTORNEYS AND OTHERS IN

                    THE ROOM KNOW THAT JUST BECAUSE YOU'RE ULTIMATELY EXONERATED FROM

                    ANY WRONGDOING AND YOU'RE NOT HELD RESPONSIBLE CRIMINALLY OR CIVILLY,

                    YOU STILL HAVE TO DEFEND YOURSELF.  YOU STILL HAVE TO HAVE YOUR

                    ATTORNEYS GET INVOLVED, YOU'RE STILL POTENTIALLY BROUGHT INTO COURT, YOU

                    HAVE TO GO THROUGH DIFFERENT MOTIONS.  I DON'T KNOW IF YOU WOULD BE

                    ABLE TO INSURE FOR THIS TYPE OF RISK OR LIABILITY.  AND THERE'S THE

                    POSSIBILITY THAT PEOPLE JUST -- ON A JURY IF THIS -- IF THIS WOULD BE A JURY

                    TRIAL AND NOT A BENCH TRIAL, COULD ASSESS PENALTIES AGAINST THE MEDIA JUST

                    BECAUSE THEY ARE DEEP POCKET, AND IT WOULD BE -- AND IF IT'S A

                    PARTICULARLY BAD UNDERLYING CRIME THEN THERE -- MAYBE THERE'S GOING TO

                    BE -- THEY'RE GOING TO GET HIT WITH A PRETTY SIGNIFICANT VERDICT WHERE

                    THERE WAS REALLY NO INTENT TO INJURE, THERE WAS REALLY JUST AN INTENT TO

                    REPORT THE NEWS.  I DO THINK THAT IT CALLS INTO QUESTION ISSUES OF FREE

                    SPEECH AS WELL.

                                 SO WHILE I DO COMPLETELY UNDERSTAND THE -- THE

                    SPONSOR'S INTENT, I DO HAVE CONCERNS WITH THE BILL AS IT'S CURRENTLY

                    WORDED AND I THINK I WOULD ENCOURAGE THE SPONSOR TO CONSIDER

                    WORKING WITH THOSE WHO HAVE INDICATED CONCERNS WITH THE BILL AND TRY

                    TO WORK OUT SOME AMENDMENT LANGUAGE TO TRY TO STRIKE THAT APPROPRIATE

                    BALANCE THAT ACHIEVES A BALANCE BETWEEN FREE SPEECH AND FIRST

                    AMENDMENT AND THE RIGHT OF FREE PRESS AND THE RIGHTS AND NEEDS OF

                    VICTIMS AND THEIR FAMILIES TO BE PROTECTED FROM FURTHER HARM.

                                 THANK YOU, MR. SPEAKER.

                                         108



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 ACTING SPEAKER ZEBROWSKI:  MR. CUSICK.

                                 MR. CUSICK:  THANK YOU, MR. SPEAKER.

                                 ON THE BILL.

                                 ACTING SPEAKER ZEBROWSKI:  ON THE BILL.

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

                    COMMEND THE SPONSOR OF THIS BILL, AND SENATOR SAVINO WHO SPENT --

                    WHO SPONSORED IT IN THE SENATE.  THIS IS A LONG-STANDING ISSUE THAT I

                    HAVE BEEN WORKING ON ALSO SINCE 2009.  WHEN CAROLINE WIMMER WAS

                    MURDERED AND THEN HER IMAGE OF HER BODY WAS DISSEMINATED ALL OVER

                    THE SOCIAL MEDIA, AND HER FAMILY HAD TO SUFFER, STILL SUFFERS TO THIS DAY.

                    MANY OF YOU MET HER MOM MARTI HERE IN THE CHAMBER LAST WEEK.  SHE

                    CAME UP WITH THE FAMILY OF BIANCA TO ADVOCATE FOR THIS BILL.  AND THIS

                    HAS BEEN A LONG TIME COMING THAT WE'VE GOTTEN TO THIS STAGE WHERE WE

                    ARE ACTUALLY VOTING ON IT HERE IN THE ASSEMBLY, IN THIS CHAMBER, AND I

                    JUST WANT TO TAKE THIS OPPORTUNITY TO THANK THE SPONSOR FOR TAKING THIS

                    OVER THE FINISH LINE BECAUSE THIS IS A BILL THAT WHEN IT BECOMES LAW WILL

                    BE VERY, VERY HELPFUL AND WILL GIVE PEACE OF MIND NOT ONLY TO MARTI

                    WIMMER AND HER FAMILY, BUT TO MANY FAMILIES THAT MAY EXPERIENCE

                    THIS IN THE FUTURE IF WE DON'T DO THIS BILL.  SO MR. SPEAKER, I PROUDLY

                    VOTE YES ON THIS BILL.

                                 ACTING SPEAKER ZEBROWSKI:  MS.

                    BUTTENSCHON.

                                 MS. BUTTENSCHON:  AGAIN, I STAND HERE

                    REPRESENTING THESE TWO FAMILIES THAT HAVE GONE THROUGH DIFFICULT

                    HARDSHIP, AND CLEARLY I JUST WANT TO RECONFIRM THE IMPORTANCE OF THE

                                         109



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    INTENT OF THE INDIVIDUAL THAT PLACES THIS GRUESOME IMAGE FOR OTHERS TO

                    WITNESS ON SOCIAL MEDIA.  SO TO IDENTIFY THE IMPORTANCE OF ISSUES THAT

                    HAVE BEEN BROUGHT FORWARD BY MY COLLEAGUE REGARDING POSSIBILITIES OF

                    CHANGES, THERE'S ALWAYS OPPORTUNITY TO IMPROVE LEGISLATION THAT I

                    WELCOME, BUT MORE IMPORTANTLY, I'M HERE FOR THE FAMILIES AND LOOKING

                    AT THE IMPORTANCE TO ENSURE THAT ANYONE THAT HAS THE INTENT TO CAUSE

                    HARM TO A FAMILY THAT HAS GONE THROUGH THESE HORRIFIC MURDERS, WE

                    HAVE TO BE THERE FOR THEM.  I VOTE IN THE AFFIRMATIVE.  THANK YOU.

                                 ACTING SPEAKER ZEBROWSKI:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IN 60 DAYS.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON SENATE BILL 7211-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.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 PAGE 6, RULES REPORT NO. 135, THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A08427, RULES REPORT

                    NO. 135, GALEF.  AN ACT TO AMEND THE REAL PROPERTY TAX LAW, IN

                    RELATION TO INCLUDING CERTAIN SPENT FUEL RODS WITHIN THE DEFINITION OF

                    REAL PROPERTY.

                                         110



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 ACTING SPEAKER ZEBROWSKI:  MRS. GALEF, AN

                    EXPLANATION HAS BEEN REQUESTED.

                                 MRS. GALEF:  THIS BILL (INAUDIBLE/MIC OFF) -- SPENT

                    NUCLEAR FUEL PENDING FURTHER OR FINAL DISPOSAL FROM A NUCLEAR PLANT THAT

                    HAS CEASED POWER OPERATIONS AS DEFINITION OF REAL PROPERTY.  AND WE

                    HAD PASSED A BILL IN 2020 THAT INCLUDED THE TAXING OF THE SPENT -- THE

                    SPENT FUEL POOLS THAT THE RODS ARE IN, AND ALSO THE DRY CAST.  AND AT THE

                    TIME, ORIGINALLY I HAD INCLUDED THE SPENT FUEL RODS, BUT I WAS TOLD THAT

                    THE NUCLEAR REGULATORY COMMISSION OWNED THEM.  I WAS AT A HEARING

                    IN -- LAST SUMMER AND I GUESS I ACCUSED THE NRC OF OWNING THESE SPENT

                    FUEL RODS AND NOT DOING ANYTHING WITH THEM, AND THEY TOLD ME THEY

                    DON'T OWN ANY PROPERTY.  AND SO IT IS OWNED BY THE COMPANY THAT OWNS

                    THE ENERGY PLANT AND UNTIL THEY LEAVE THE SITE THEY WOULD BE TAXED.

                                 ACTING SPEAKER ZEBROWSKI:  MR. PALMESANO.

                                 MR. PALMESANO:  YES.

                                 ON THE BILL, MR. SPEAKER.

                                 ACTING SPEAKER ZEBROWSKI:  ON THE BILL.

                                 MR. PALMESANO:  YES.  THANK YOU -- THANK YOU,

                    MRS. GALEF, FOR YOUR EXPLANATION.  AND I KNOW WE DEBATED THIS BILL LAST

                    YEAR SO THERE'S REALLY NO NEED TO GO THROUGH IT AGAIN, SO I JUST KIND OF

                    WANTED TO JUST SPEAK ON THE BILL A LITTLE BIT ABOUT SOME OF MY CONCERNS.

                    I CERTAINLY UNDERSTAND WHY THE SPONSOR'S INTRODUCING THIS LEGISLATION TO

                    HELP THE -- THE RESIDENTS AND THE TAXPAYERS OF THE COMMUNITY.  LAST

                    YEAR, LIKE THE SPONSOR SAID, WE DEALED -- THIS BILL WE DEALT WITH THE DRY

                    CAST STORAGE SYSTEMS WHICH HOUSED NUCLEAR FUEL RODS.  AND THIS IS NOW

                                         111



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    TO DEAL WITH THE SPENT FUEL RODS.

                                 OBVIOUSLY THIS IS BEING DONE, QUITE FRANKLY, BECAUSE

                    OF THE CLOSURE OF INDIAN POINT THAT TOOK PLACE, WHICH I BELIEVE STILL TO

                    THIS DAY WAS ONE OF THE BIGGEST MISTAKES THIS STATE HAS MADE.  WE'RE

                    TALKING ABOUT 2,000 MEGAWATTS OF POWER, RELIABLE POWER THAT PROVIDED

                    25 PERCENT OF THE POWER TO NEW YORK CITY, EMISSION CLEAN POWER.

                    EMISSION FREE CLEAN POWER, 1,000 JOBS, SIGNIFICANT TAXES, MILLIONS OF

                    DOLLARS ALL GONE AND I BELIEVE FOR POLITICAL PURPOSES.

                                 SO LAST YEAR WE DID THIS LEGISLATION AND MY REASONS FOR

                    OPPOSING IT LAST YEAR WAS I THINK I BELIEVE IT CREATED A DANGEROUS

                    PRECEDENT BECAUSE NOW WE'RE TALKING ABOUT -- TALKING ABOUT PERSONAL

                    PROPERTY BEING BASICALLY TAXED AS REAL PROPERTY, MOVEABLE PROPERTY,

                    WHETHER IT'S THE CAST STORAGE SYSTEMS OR ANYTHING ELSE.  I THINK THAT

                    REALLY KIND OF JUST SENDS A DANGEROUS MESSAGE TO THE BUSINESS

                    COMMUNITY FROM THAT PERCEPTION.  AND I GUESS ANOTHER QUESTION IS HOW

                    WILL THESE SPENT FULL RODS BE ASSESSED?  I MEAN, DO THEY REALLY HAVE ANY

                    VALUE?  HOW'S THAT GOING TO WORK?  I MEAN, I THINK THERE'S QUESTIONS FOR

                    THAT.

                                 I JUST THINK THIS IS REALLY NOT A GOOD MESSAGE FOR THE

                    BUSINESS COMMUNITY, AS WELL, ALTHOUGH I UNDERSTAND WHY THIS

                    LEGISLATION HAS BEEN INTRODUCED ONCE AGAIN TO HELP THE RESIDENTS OF THAT

                    COMMUNITY.  CERTAINLY, PROBABLY IF I WAS IN THAT COMMUNITY I'D

                    PROBABLY -- AND I KNOW OTHERS WOULD WANT TO HELP, BUT I DO AGREE 100

                    PERCENT WITH THE SPONSOR THAT THE FEDERAL GOVERNMENT NEEDS TO STEP UP

                    AND DEAL WITH THESE SPENT FUEL RODS TO GET THESE OUT OF THESE

                                         112



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    COMMUNITIES AND TAKE CARE OF IT AND THAT SHOULD BE THE RESPONSIBILITY,

                    THEY SHOULD BE DOING IT.  I THINK MY CONCERN WITH THIS IS I JUST THINK IT

                    WAS THE WRONG APPROACH.  I THINK THE MESSAGE IT SENDS THAT OKAY, NOW

                    WE'RE DOING IT FOR THIS, MAYBE IF YOU'RE LOOKING AT BEING TAILORED JUST

                    FOR PERSONAL PROPERTY FOR THE NUCLEAR SYSTEM, BUT IF IT CAN BE USED FOR

                    THIS, WE CAN TAKE PERSONAL PROPERTY AND MAKE IT DEFINED AS REAL

                    PROPERTY FOR THIS, WHAT'S GOING TO STOP IT FROM BEING DONE AGAIN IN THE

                    FUTURE, AND I THINK THAT'S -- THAT'S WHERE MY CONCERN, MY OPPOSITION

                    CAME TO THIS BILL.

                                 SO THAT'S WHAT I KIND OF WANT TO SAY, AND MRS. GALEF,

                    OBVIOUSLY I'M VOTING NO FOR THIS BILL, BUT I DO WANT TO SAY TO YOU,

                    SANDY, IF I MAY, IT'S BEEN AN ABSOLUTE PRIVILEGE AND HONOR FOR ME TO

                    SERVE WITH YOU IN THIS CHAMBER SINCE I WALKED ON THIS FLOOR IN 2011.

                    YOU'VE BEEN -- ALWAYS BEEN SO KIND AND GRACIOUS TO ME ON COMMITTEE,

                    ON THE FLOOR, EVERYWHERE.  AND I JUST WANTED TO THANK YOU FOR THAT.  I

                    JUST WANTED TO WISH YOU AND YOUR FAMILY THE VERY BEST AS YOU PREPARE

                    FOR A WELL-DESERVED AND WELL-EARNED RETIREMENT; WELL DESERVED.  YOU

                    HAVE CERTAINLY BEEN A TRUE ADVOCATE AND FIGHTER FOR THE RESIDENTS OF

                    YOUR DISTRICT THAT YOU REPRESENT, WHICH IS OBVIOUS BY THIS BILL HERE THAT

                    WE HAVE BEFORE US, AND CERTAINLY THE ISSUES THAT YOU CARE ABOUT, THAT

                    YOU'RE PASSIONATE ABOUT.  SO I JUST WANTED TO SAY THANK YOU TO YOU

                    AGAIN FOR HOW YOU TREATED ME AND MY COLLEAGUES OVER THE YEARS AND

                    I'VE LEARNED A LOT FROM YOU AND I APPRECIATED WORKING WITH YOU, AND I

                    JUST WANTED TO SAY CONGRATULATIONS, I WISH YOU, AGAIN, YOU AND YOUR

                    FAMILY THE BEST AND GOD BLESS YOU.  THANK YOU.

                                         113



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 (APPLAUSE)

                                 ACTING SPEAKER ZEBROWSKI:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON ASSEMBLY BILL 8427.  THIS IS A PARTY VOTE.  ANY

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

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

                    NUMBERS PREVIOUSLY PROVIDED.

                                 MR. GOODELL.

                                 MR. GOODELL:  THANK YOU, SIR.  FOR THE REASONS

                    MENTIONED BY MY COLLEAGUE, THE REPUBLICAN CONFERENCE IS GENERALLY

                    OPPOSED TO THIS BILL, BUT THOSE WHO SUPPORT IT CAN CERTAINLY VOTE IN

                    FAVOR HERE OR BY CALLING THE MINORITY LEADER'S OFFICE, NOTWITHSTANDING

                    OUR GREAT RESPECT AND ADMIRATION FOR THE SPONSOR.  THANK YOU, SIR.

                                 ACTING SPEAKER ZEBROWSKI:  MRS.

                    PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  THE MAJORITY COLLEAGUES ARE GOING TO BE IN FAVOR OF THIS

                    PIECE OF LEGISLATION; HOWEVER, THERE MAY BE A FEW WHO DESIRE TO BE AN

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

                    OFFICE, WE'LL MAKE SURE THEIR VOTE IS PROPERLY RECORDED.  THANK YOU,

                    SIR.

                                 ACTING SPEAKER ZEBROWSKI:  THANK YOU.

                                 (THE CLERK RECORDED THE VOTE.)

                                         114



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 MR. GOODELL.

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

                    COLLEAGUE MR. SCHMITT IN THE AFFIRMATIVE.  THANK YOU, SIR.

                                 ACTING SPEAKER ZEBROWSKI:  SO NOTED.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 PAGE 6, RULES REPORT NO. 176, THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A01287-B, RULES

                    REPORT NO. 176, MAGNARELLI, HUNTER, STIRPE, WOERNER, CONRAD,

                    WALLACE, MCMAHON, STECK, ENGLEBRIGHT, GRIFFIN, BURKE, DICKENS.  AN

                    ACT TO AMEND THE RAILROAD LAW, IN RELATION TO REQUIRING CERTAIN TRAINS

                    AND LOCOMOTIVES TO HAVE A CREW SIZE OF NOT LESS THAN TWO PERSONS; AND

                    PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION THEREOF.

                                 ACTING SPEAKER ZEBROWSKI:  ON A MOTION BY

                    MR. MAGNARELLI, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.  MR. MAGNARELLI, AN EXPLANATION HAS BEEN REQUESTED.

                                 MR. MAGNARELLI:  YES, SIR.  BASICALLY THIS BILL

                    PROHIBITS A FREIGHT TRAIN FROM BEING OPERATED UNLESS IT HAS A CREW

                    CONSISTING OF AT LEAST TWO INDIVIDUALS.

                                 ACTING SPEAKER ZEBROWSKI:  MR. GOODELL.

                                 MR. GOODELL:  THANK YOU.

                                 ON THE BILL, PLEASE.

                                 ACTING SPEAKER ZEBROWSKI:  ON THE BILL.

                                 MR. GOODELL:  THANK YOU FOR THE EXPLANATION TO

                                         115



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    MY COLLEAGUE.  AT FIRST FLUSH, IT SEEMS LIKE WHY NOT REQUIRE TRAINS TO

                    HAVE TWO CREW MEMBERS; RIGHT NOW THEY OPERATE WITH ONE.  BUT WHEN

                    YOU LOOK AT IT A LITTLE BIT MORE, YOU REALIZE THAT IN MAY OF 2019 THE

                    FEDERAL RAILROAD ADMINISTRATION, AFTER CONDUCTING A FIVE-YEAR STUDY

                    ANALYZING RAILROADS ALL ACROSS OUR NATION, CAME TO THE CONCLUSION THAT IT

                    WAS UNNECESSARY TO HAVE TWO-MEMBER CREWS IN TRAINS.  AS YOU CAN

                    APPRECIATE, THE FEDERAL RAILROAD ADMINISTRATION HAS EXCLUSIVE

                    JURISDICTION OVER THE OPERATION OF TRAINS BECAUSE THEY'RE INVOLVED IN

                    INTERSTATE COMMERCE.  YOU KNOW, UNLIKE A CAR LIKE YOU AND I MIGHT

                    DRIVE, YOU CAN'T STOP A TRAIN RIGHT AWAY, SO YOU CAN'T STOP A TRAIN AT THE

                    BORDER OF NEW YORK AND ADD A CREW MEMBER.

                                 SO WE KNOW THAT THE RULES REGULATING RAILROADS HAVE TO

                    BE ON A NATIONWIDE BASIS AND, INDEED, THEY ARE, AND WHEN THE FEDERAL

                    RAILROAD ADMINISTRATION RULED AFTER THAT EXTENSIVE STUDY THAT

                    TWO-MEMBER CREWS WERE NOT NECESSARY, THEY WENT ON AND SAID THE

                    FEDERAL -- AND I QUOTE, "THE FEDERAL RAILROAD ADMINISTRATION HAS

                    DETERMINED THAT NO REGULATION OF TRAIN CREW STAFFING IS NECESSARY OR

                    APPROPRIATE AT THIS TIME," AND IT, QUOTE, "INTENDS FOR THE WITHDRAWAL TO

                    PREEMPT ALL STATE LAWS ATTEMPTING TO REGULATE TRAIN CREW STAFFING IN ANY

                    MANNER."  SO NOT ONLY DID THE FEDERAL REGULATION SAY TWO-MEMBER

                    CREWS ARE NOT NECESSARY, THEY WENT ON AND TOOK THAT EXTRA STEP AND SAID

                    AND WE AFFIRMATIVELY PREEMPT ANY STATE REGULATION.

                                 WELL, NOT DETERRED BY THAT OBVIOUS LANGUAGE, THE STATE

                    OF ILLINOIS A FEW YEARS LATER PASSED IDENTICAL LEGISLATION TO THIS TO

                    REQUIRE A CREW SIZE OF TWO.  AND THEY WERE SUED IN FEDERAL COURT AND

                                         116



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    THE FEDERAL COURT THREW IT OUT.  THE FEDERAL COURT SAID NO, STATES CANNOT

                    REGULATE INTERSTATE TRANSPORTATION INVOLVING RAILROADS.  THEY APPEALED

                    IT, IT WAS UPHELD ON APPEAL AND IT WAS THROWN OUT.  IT'S IMPORTANT TO

                    NOTE THAT NEW YORK STATE IS PART OF THE FEDERAL RAILROAD REVITALIZATION

                    AND REGULATORY REFORM ACT CATCHMENT AREA AND SO WE ARE -- WE ARE

                    BOUND BY THAT DECISION.

                                 NOW, THERE'S A GOOD REASON WHY TRAINS NO LONGER NEED

                    LARGER CREWS, AND THAT IS BECAUSE THE INDUSTRY HAS IMPLEMENTED A

                    NUMBER OF TECHNOLOGICAL CHANGES THAT IMPROVED THE SAFETY OF TRAINS,

                    INCLUDING POSITIVE TRAIN CONTROL.  AND SO THESE SAFETY SYSTEMS ARE BUILT

                    IN TODAY.  WHAT I FIND INTERESTING IS THAT AT THE SAME TIME WE'RE

                    CONSIDERING LEGISLATION TO REQUIRE TRAIN CREWS TO DOUBLE IN SIZE, NEW

                    YORK IS ALSO PARTICIPATING IN A DEMONSTRATION PROGRAM FOR DRIVERLESS

                    CARS AND TRACTOR TRAILERS.  NOW, THINK ABOUT THAT.  WE WANT TWICE AS

                    MANY PEOPLE ON A LOCOMOTIVE WITH ALL THEIR SAFETY FEATURES THAT RUNS ON

                    TRACKS WHERE THERE'S NO RISK OF COLLISIONS AT THE SAME TIME WE'RE

                    PROCEEDING WITH DEMONSTRATION PROGRAMS FOR DRIVERLESS TRUCKS AND

                    CARS.  NOW, THAT'S IMPORTANT TO ALL OF US BECAUSE, AS YOU KNOW, WE'RE

                    ALL CONCERNED ABOUT THE ENVIRONMENT, AND THE GREAT THINGS ABOUT TRAINS

                    IS THEY USE A FRACTION OF THE ENERGY THAT TRACTOR TRAILERS DO.  AND SO

                    WHEN YOU SHIP MORE BY TRAIN, YOU REALLY HAVE A POSITIVE IMPACT ON

                    GREENHOUSE GASES.

                                 SO BECAUSE THIS IS NOT NECESSARY SINCE EXTENSIVE

                    STUDIES HAVE SHOWN IT'S NOT NECESSARY BECAUSE THE TECHNOLOGY HAS

                    ADVANCED TO THE POINT WHERE IT'S NOT NECESSARY, AND BECAUSE IT'S CLEARLY

                                         117



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    PREEMPTED BY FEDERAL LAW REGULATION AND, OF COURSE, UPHELD BY THE

                    CONSTITUTIONAL LIMITATIONS ON OUR POWER, I WOULD RECOMMEND AGAINST IT

                    TO MY COLLEAGUES.  BUT AGAIN, I APPRECIATE THE CONCERNS OF MY

                    COLLEAGUE WHO IS OBVIOUSLY VERY MUCH FOCUSED ON SAFETY, AS WE ALL ARE.

                    THANK YOU VERY MUCH, SIR.

                                 ACTING SPEAKER ZEBROWSKI:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IN 30 DAYS.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON SENATE BILL 3953-B.  THIS IS A PARTY VOTE.  ANY

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

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

                    NUMBERS PREVIOUSLY PROVIDED.

                                 MR. GOODELL.

                                 MR. GOODELL:  THANK YOU, SIR.  THE REPUBLICAN

                    CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION.  THOSE WHO

                    SUPPORT IT ARE CERTAINLY ENCOURAGED TO VOTE YES ON THE FLOOR OR BY

                    CONTACTING THE MINORITY LEADER.  THANK YOU, SIR.

                                 ACTING SPEAKER ZEBROWSKI:  MRS.

                    PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  MAJORITY COLLEAGUES ARE GENERALLY GOING TO BE IN FAVOR OF THIS

                    PIECE OF LEGISLATION; HOWEVER, THERE MAY BE SOME WHO WOULD DESIRE TO

                    BE AN EXCEPTION.  THEY SHOULD FEEL FREE TO CONTACT THE MAJORITY

                    LEADER'S OFFICE AND WE WILL MAKE SURE THEIR VOTE IS PROPERLY RECORDED.

                                         118



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 (THE CLERK RECORDED THE VOTE.)

                                 ACTING SPEAKER ZEBROWSKI:  MR. MONTESANO

                    TO EXPLAIN HIS VOTE.

                                 MR. MONTESANO:  THANK YOU, MR. SPEAKER.

                    WHILE I UNDERSTAND THE ANALYSIS BY MR. GOODELL, I STILL BELIEVE THAT

                    WITHIN THIS STATE WE'RE BETTER OFF WITH THE TWO-PERSON CREWS ON A

                    FREIGHT TRAIN.  IF ANYBODY JUST COMING IN TO ALBANY WATCHES THOSE

                    FREIGHT TRAINS MOVING, MOST OF THOSE LOCOMOTIVES ARE HAULING 100 TO

                    150 CARS WITH THEM, IF NOT MORE.  AND WHERE I COME FROM OUT ON LONG

                    ISLAND, I WATCH THE FREIGHT LINES MOVE ALL THE TIME AND WATCH THE

                    AMOUNT OF CARS THEY'RE PULLING THROUGH OUR COMMUNITIES, RUNNING ON

                    OUR REGULAR RAILROAD TRACKS AND THE LONG ISLAND RAILROAD, AND THEY'RE

                    PULLING AT LEAST 100 CARS.

                                 SO WHILE THERE'S TECHNOLOGY OUT THERE TODAY, POSITIVE

                    TRAIN CONTROL, AND THOSE ARE THE GREAT THINGS SO IF THE ENGINEERS TOUCH

                    THE PAD, YOU KNOW, EVERY MINUTE THE WAY HE'S SUPPOSED TO, IT SHUTS THE

                    TRAIN OFF, THE FACT IS HE'S STILL DEAD IN THE LOCOMOTIVE WITH NOBODY ELSE

                    THERE.  AND THAT'S IF THE SYSTEM IS WORKING THE WAY IT WAS DESIGNED TO

                    WORK.  NOT EVERYTHING IS PERFECT BECAUSE IT'S RUN BY A COMPUTER OR

                    TECHNOLOGY AND I JUST DON'T FATHOM HOW ANY RAILROAD WANTS TO PUT THAT

                    AMOUNT OF MERCHANDISE AND EQUIPMENT ON WITHOUT HAVING A SECOND

                    PERSON ON THERE TO ASSIST THE ENGINEER HIMSELF OR RIDING THE BACK TO

                    MAKE SURE THERE'S CLEARANCE AND THERE'S NO ACCIDENTS, THERE'S NO

                    UNCOUPLING OF THE CARS.  THIS IS ALL MECHANICAL STUFF THEY'RE DEALING

                    WITH.

                                         119



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 SO WHILE MAYBE NEW YORK IS PREEMPTED BECAUSE OF

                    FEDERAL LAW ABOUT THE TRAINS GOING OVER TO GO INTO ANOTHER STATE, AT

                    LEAST BY THIS PIECE OF LEGISLATION THEY'RE REGULATED WITHIN THE STATE OF

                    NEW YORK TO ADDRESS THE SAFETY CONCERNS WE MAY HAVE.  SO ON THAT

                    NOTE, I'LL BE VOTING IN THE AFFIRMATIVE.  THANK YOU.

                                 ACTING SPEAKER ZEBROWSKI:  MR. MONTESANO

                    IN THE AFFIRMATIVE.

                                 MR. GOODELL.

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

                    COLLEAGUE MR. DESTEFANO IN THE AFFIRMATIVE.  THANK YOU, SIR.

                                 ACTING SPEAKER ZEBROWSKI:  SO NOTED.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 PAGE 9, RULES REPORT NO. 277, THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A10222, RULES REPORT

                    NO. 277, COMMITTEE ON RULES (CAHILL).  AN ACT TO AMEND THE VEHICLE

                    AND TRAFFIC LAW, IN RELATION TO REQUIRING CERTAIN SAFETY FEATURES FOR

                    COMMUTER VANS.

                                 ACTING SPEAKER ZEBROWSKI:  MR. CAHILL, AN

                    EXPLANATION HAS BEEN REQUESTED.

                                 MR. CAHILL:  THANK YOU, MR. SPEAKER.  THIS BILL

                    WOULD REQUIRE COMMUTER VANS TO MAINTAIN A BOND OR INSURANCE POLICY

                    WITH A COMBINED SINGLE LIMIT OF AT LEAST $1.5 MILLION, AND ALSO REQUIRE

                    THESE VEHICLES TO SUBMIT TO A NUMBER OF DIFFERENT SAFETY FEATURES.

                                         120



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 ACTING SPEAKER ZEBROWSKI:  MR.

                    BLANKENBUSH.

                                 MR. BLANKENBUSH:  YES, SIR.

                                 ON THE BILL.

                                 ACTING SPEAKER ZEBROWSKI:  ON THE BILL.

                                 MR. BLANKENBUSH:  AS A LOT OF BILLS THAT WE SEE

                    COME THROUGH THIS ASSEMBLY, THERE'S SOME REALLY GOOD POINTS IN THIS

                    BILL AND THERE'S SOME THAT I DON'T THINK ARE SO GOOD.  BUT THE FIRST ONE IS

                    THAT SAFETY ISSUES THAT THE SPONSOR TALKS ABOUT.  NOW, SOME OF THE

                    SAFETY ISSUES THAT THEY'RE PUTTING ON THIS BILL ARE NO-BRAINERS, THEY'RE

                    REALLY IMPORTANT.  ONE IS FULLY OPERATIONAL BRAKE SYSTEM, ALL RIGHT.

                    APPROPRIATE SEAT BELTS; SECURITY BACKUP CAMERAS; SILENT ALARM SYSTEM;

                    A GPS SYSTEM, ALL THE THINGS THAT YOU WOULD EXPECT THE COMMUTER VAN

                    INDUSTRY TO ALREADY BE IMPLEMENTING, BUT NOW WE'RE PUTTING IT IN SO

                    THAT THEY MUST.  NOW, THEY'RE NOT LIMITED TO THAT, THEY CAN ADD THEIR

                    OWN OTHER SAFETY ISSUES, BUT THOSE SAFETY ISSUES ARE IMPORTANT AND WE

                    ALL AGREE ON THOSE.

                                 THE PROBLEM THEN COMES WITH THE LIMIT OF LIABILITY.

                    SO WE'LL GO BACK TO 2019.  IN 2019, THIS LEGISLATURE AMENDED THE

                    VEHICLE AND TRAFFIC LAW TO INCREASE THE SINGLE LIMIT OF LIABILITY FROM

                    80,000, WHICH I THINK EVERY ONE OF US THINK THAT'S LOW, TO HALF A

                    MILLION, 500,000.  NOW, JUST IN TWO-AND-A-HALF YEARS NOW WE'RE GOING

                    TO INCREASE ANOTHER MILLION ON TOP OF THAT.  SO WE WANT IT TO NOW GO TO

                    1.5 MILLION FROM THE 500,000 THAT'S MANDATED TODAY.  WITH AN INDUSTRY

                    THAT JUST CAME OFF OF COVID, WITH AN INDUSTRY NOW THAT IS INCREASING

                                         121



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    WITH INFLATION, PRICE OF GAS, THIS IS JUST ANOTHER FINANCIAL BURDEN ON THAT

                    INDUSTRY.  THE PREMIUMS WILL HAVE TO GO UP.

                                 BUT NOT ONLY THAT, WHEN YOU TALK ABOUT THE PREMIUMS

                    ON -- ON THEIR INSURANCE POLICIES GOING UP FOR THE LIMITED LIABILITY, YOU

                    ALSO HAVE TO TAKE INTO CONSIDERATION THAT THE SUPPLEMENTAL

                    UNDERINSURED SECTION OF THE POLICY ALSO HAS TO FOLLOW THE MILLION/FIVE,

                    WHICH IS ALSO GOING TO BE ANOTHER RATE INCREASE FOR THIS INDUSTRY.  SO

                    THE -- SO EVEN THOUGH THEY'RE IN THE CHALLENGING MARKET RIGHT NOW, THIS

                    ISN'T GOING TO HELP THEM AT ALL.

                                 AND HERE'S THE OTHER POINT THAT WE DID IN THE '22-'23

                    STATE BUDGET.  WE GAVE THIS INDUSTRY $11 MILLION ALLOCATED TO THE

                    COMMUTER VAN STABILIZATION PROGRAM.  NOW, SO WE GAVE THEM MONEY

                    TO MAYBE HELP THEM PAY FOR THE INCREASES IN THE PREMIUMS, OR

                    WHATEVER EXPENSES, THE SAFETY ISSUES AND SO FORTH.  THE PROBLEM WITH

                    THAT IS THAT THAT 11 MILLION IS UNCONSTITUTIONAL.  BY ARTICLE VII OF THE

                    CONSTITUTION, IT PROHIBITS MONEY TO BE PAID TO ANY PRIVATE INDUSTRY OR

                    ENTITY.

                                 SO WE INCREASE THE PREMIUMS, WE ARE MAKING THEM

                    BECOME MORE SAFE, WHICH IS A GOOD THING, AND YET WE'RE DEPOSITING $11

                    MILLION INTO THAT FUND WHICH IS UNCONSTITUTIONAL.  THE BOTTOM LINE IS

                    THAT THIS INDUSTRY IS GOING TO HAVE ANOTHER FINANCIAL BURDEN ON THEM.

                    THAT'S WHY, FOR THE REASONS I HAVE STATED, THAT I WILL BE VOTING NO ON IT,

                    ONE, BECAUSE WE'RE ONLY TWO-AND-A-HALF YEARS FROM WE UPPED IT FROM

                    500,000 TO A 1.5 MILLION, AND WE ALSO GAVE THEM THE $11 MILLION WHICH

                    IS UNCONSTITUTIONAL UNDER ARTICLE VII OF THE CONSTITUTION.  THEREFORE,

                                         122



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    I'M NOT SUPPORTING THIS BILL, EVEN THOUGH, LIKE I SAID, THERE'S SOME GOOD

                    THINGS IN THIS BILL.  THE SAFETY FEATURES ARE REALLY A GOOD IDEA.  SO I

                    RECOMMEND THAT THIS BILL, WE VOTE NO ON THIS BILL.  THANK YOU, MR.

                    SPEAKER.

                                 ACTING SPEAKER ZEBROWSKI:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON ASSEMBLY BILL 10222.  THIS IS A PARTY VOTE.  ANY

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

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

                    NUMBERS PREVIOUSLY PROVIDED.

                                 MR. GOODELL.

                                 MR. GOODELL:  THANK YOU, SIR.  THE REPUBLICAN

                    CONFERENCE WILL GENERALLY BE OPPOSED TO THIS LEGISLATION FOR THE

                    REASONS MENTIONED BY MY COLLEAGUE.  THOSE WHO SUPPORT IT CAN VOTE IN

                    FAVOR HERE ON THE FLOOR OR BY CONTACTING THE MINORITY LEADER.  THANK

                    YOU.

                                 ACTING SPEAKER ZEBROWSKI:  MRS.

                    PEOPLES-STOKES.

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

                    MAJORITY CONFERENCE IS GOING TO BE IN FAVOR OF THIS PIECE OF LEGISLATION;

                    HOWEVER, THERE MAY BE COLLEAGUES THAT WOULD LIKE TO BE AN EXCEPTION.

                    THEY SHOULD FEEL FREE TO DO SO FROM THEIR SEATS AND/OR CALL THE MAJORITY

                    LEADER'S OFFICE AND WE'LL BE HAPPY TO RECORD YOUR VOTE.  THANK YOU,

                                         123



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    SIR.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ACTING SPEAKER ZEBROWSKI:  MR. CAHILL TO

                    EXPLAIN HIS VOTE.

                                 MR. CAHILL:  THANK YOU, MR. SPEAKER.  A COUPLE

                    OF QUICK POINTS.  FIRST, I WANT TO THANK MY COLLEAGUE, THE RANKING

                    MEMBER OF THE INSURANCE COMMITTEE FOR POINTING OUT THE VERY

                    IMPORTANT SAFETY CONSIDERATIONS IN THIS LEGISLATION.  WE PUT THEM IN THE

                    BILL BECAUSE WHILE THEY ALREADY EXIST AND THEY ARE COMMON SENSE, AND

                    WE'VE ALREADY IMPOSED THESE SAME REGULATIONS ON LIVERY DRIVERS IN

                    NEW YORK, ON UBERS AND OTHER (INAUDIBLE) DRIVERS IN NEW YORK, WE

                    HAVE YET TO DO SO ON THE COMMUTER VAN INDUSTRY.  THIS PIECE OF

                    LEGISLATION WILL DO THAT.

                                 I ALSO WANT TO THANK SEVERAL OF OUR COLLEAGUES WHO

                    HAVE BEEN WORKING VERY CLOSELY ON THIS ISSUE WHO REPRESENT OUR TRANSIT

                    DESERTS.  AND THOSE ARE THE PLACES IN THE NEW YORK-METROPOLITAN AREA

                    THAT ARE NOT SERVED BY THE PUBLIC TRANSPORTATION SYSTEM, BUT INSTEAD RELY

                    UPON THIS INDUSTRY CALLED THE COMMUTER VAN INDUSTRY.  IN 2019 AFTER

                    THAT TRAGIC LIMOUSINE ACCIDENT IN UPSTATE NEW YORK, WE INCREASED THE

                    LIABILITY LIMITS FOR ALL VEHICLES WITH THE CAPACITY OF EIGHT OR MORE TO

                    $1.5 MILLION.  WE FOUND OUT THAT WE CREATED AN UNTENABLE POSITION FOR

                    THE COMMUTER VANS IN NEW YORK CITY SO IN 2021 WE TEMPORARILY

                    REDUCED THAT AMOUNT DOWN TO $500,000.  IN OUR 2022 BUDGET, WE GAVE

                    -- WE PUT ASIDE $11 MILLION TO BUILD THIS INDUSTRY BACK UP AND TO MAKE

                    THOSE VANS EVEN SAFER.  AND NOW THAT THAT'S IN PLACE, THIS PIECE OF

                                         124



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    LEGISLATION WOULD RESTORE THE SAME $1.5 MILLION LIMIT THAT VANS WITH THE

                    CAPACITY OF OVER EIGHT PASSENGERS HAVE ACROSS NEW YORK STATE, AND

                    WILL THEN PROVIDE REASONABLE RECOMPENSE FOR THOSE WHO ARE

                    UNFORTUNATELY INJURED IN AN ACCIDENT IN ONE OF THESE COMMUTER VANS.

                    HOPEFULLY WE WILL BE REDUCING THE NUMBER OF ACCIDENTS BECAUSE OF THE

                    SAFETY FEATURES, AND BY REDUCING THE ACCIDENTS WE WILL ALSO BE REDUCING

                    INSURANCE COSTS.

                                 WE BELIEVE THAT THIS IS PART OF THE FIX FOR THE

                    COMMUTER VAN INDUSTRY AND A TRANSPORTATION SOLUTION FOR THOSE FOLKS

                    LIVING IN PARTS OF NEW YORK CITY WHO AREN'T OTHERWISE SERVED WITH

                    TRANSPORTATION.  I WITHDRAW MY REQUEST AND VOTE IN THE NEGATIVE -- IN

                    THE AFFIRMATIVE.

                                 ACTING SPEAKER ZEBROWSKI:  MR. CAHILL IN

                    THE AFFIRMATIVE.

                                 MR. KIM TO EXPLAIN HIS VOTE.

                                 MR. KIM:  THANK YOU, MR. SPEAKER, TO EXPLAIN MY

                    VOTE.  THESE COMMUTER VANS IN MY DISTRICT HAVE BECOME A LIFELINE FOR

                    MANY IMMIGRANT COMMUNITIES TO TRAVEL FROM WITHIN CITIES AS THEY FEAR

                    SOME OF THE -- THE VIOLENCE AND HATRED THAT THEY ARE EXPERIENCING EVERY

                    SINGLE DAY.  AND INSTEAD OF MAKING SURE THAT THEY'RE RECEIVING THE $11

                    MILLION, THEY STILL HAVEN'T -- MANY OF THEM HAVE NOT SEEN ANY OF THOSE

                    DOLLARS ALLOCATED FOR THEIR NEEDS.  AND TO INCREASE THE INSURANCE

                    PREMIUM TO 1.5 MILLION IS MAKING IT VERY DIFFICULT FOR SOME OF THESE

                    COMMUTER VANS THAT ARE SERVING PREDOMINANTLY IMMIGRANT AND

                    ASIAN-AMERICAN COMMUNITIES IN MY DISTRICT IN PARTS OF BROOKLYN AND

                                         125



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    LOWER MANHATTAN.  SO I DO APPLAUD THE SPONSOR.  THERE ARE MANY GOOD

                    SAFETY MEASURES THAT I AGREE WITH, BUT I WANT TO JUST TAKE A PAUSE TO

                    MAKE SURE THAT WE'RE NOT BANKRUPTING THESE COMMUTER VANS THAT HAVE

                    BECOME A LIFELINE TO SO MANY OF MY CONSTITUENTS.  SO FOR TODAY, I WILL

                    VOTE IN THE NEGATIVE.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER ZEBROWSKI:  MR. KIM IN THE

                    NEGATIVE.

                                 MRS. PEOPLES-STOKES.

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

                    WOULD PLEASE RECORD OUR COLLEAGUE MR. ANDERSON IN THE NEGATIVE AS

                    WELL ON THIS ONE.

                                 ACTING SPEAKER ZEBROWSKI:  SO NOTED.

                                 MRS. PEOPLES-STOKES:  THANK YOU, SIR.

                                 ACTING SPEAKER ZEBROWSKI:  ARE THERE ANY

                    OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 PAGE 9, RULES REPORT NO. 286, THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A01029, RULES REPORT

                    NO. 286, CAHILL, WALKER.  AN ACT TO AMEND THE INSURANCE LAW, IN

                    RELATION TO THE PROVISION OF SUPPLEMENTAL SPOUSAL LIABILITY INSURANCE TO

                    PERSONS WHO ARE INSURED FOR LOSS RESULTING FROM THE OWNERSHIP,

                    MAINTENANCE AND USE OF A MOTOR VEHICLE.

                                 ACTING SPEAKER ZEBROWSKI:  MR. CAHILL, AN

                    EXPLANATION HAS BEEN REQUESTED.

                                         126



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 MR. CAHILL:  THANK YOU, MR. SPEAKER.  THIS PIECE

                    OF LEGISLATION WOULD REQUIRE THAT ALL MOTOR VEHICLE LIABILITY INSURANCE

                    POLICIES INCLUDE SUPPLEMENTAL SPOUSAL LIABILITY COVERAGE UNLESS THE

                    INSURED AFFIRMATIVELY DECLINES THE COVERAGE IN WRITING.

                                 ACTING SPEAKER ZEBROWSKI:  MR. HAWLEY.

                                 MR. HAWLEY:  YES, MR. SPEAKER.

                                 ON THE BILL.

                                 ACTING SPEAKER ZEBROWSKI:  ON THE BILL.

                                 MR. HAWLEY:  SO CURRENTLY I WOULD SAY FOR THE

                    PAST 15 TO 18 YEARS SPOUSAL LIABILITY HAS BEEN AVAILABLE UNDER PERSONAL

                    AUTOMOBILE LIFE INSURANCE POLICY, OR AUTOMOBILE INSURANCE POLICY.  LIFE

                    INSURANCE IS ANOTHER DEAL WITH REGARD TO SPOUSES, BUT WE WON'T GET INTO

                    THAT RIGHT NOW.  AND IT'S BEEN AN OPTION FOR INDIVIDUALS TO EITHER TAKE IT

                    OR NOT.  UNLESS YOU OPT IN TO TAKE SPOUSAL LIABILITY, YOU DON'T HAVE

                    COVERAGE FOR IT.  WHAT IT ALLOWS FOLKS TO DO IN ESSENCE IS IF

                    ASSEMBLYMAN JENSEN WAS DRIVING WITH HIS SPOUSE DOWN A HIGHWAY

                    AND ASSEMBLYMAN JENSEN WAS DRIVING ERRATICALLY AND NOT IN FULL

                    CONTROL OF THE ACTUAL VEHICLE AND HAD AN ACCIDENT THAT CAUSED PAIN AND

                    SUFFERING TO, YES, MRS. JENSEN, MRS. JENSEN COULD SUE HIM UNDER THE

                    LIABILITY IF HE OPTED INTO CARRYING SPOUSAL LIABILITY.

                                 NOW, MANY OF THE FOLKS IN HERE ARE ATTORNEYS, MY

                    YOUNGEST SON IS AN ATTORNEY, AND ATTORNEYS WILL LOVE THIS BECAUSE IT

                    CREATES ANOTHER LAWSUIT, AND WHEN YOU'RE TAKING A CERTAIN PERCENTAGE OF

                    THAT, YOU ARE EARNING A LIVELIHOOD, IF YOU WILL.  BUT THE IMPORTANT THING

                    IN THIS BILL IS -- OR THE COVERAGE IS YOU'VE BEEN ALLOWED TO OPT IN BEFORE.

                                         127



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    THIS BILL WOULD CHANGE IT COMPLETELY AND REQUIRE THAT EVERYONE BE

                    COVERED FOR SPOUSAL LIABILITY WHICH, OF COURSE, IS AN INCREASE IN

                    PREMIUM AND A COST, AND SAYS TO INDIVIDUALS WHO INSURE THEIR

                    AUTOMOBILE THAT YOU DON'T HAVE THE ABILITY TO DISCERN FOR YOURSELF

                    WHAT'S BEST FOR YOU, OR IN THIS CASE, YOUR SPOUSE, IT MANDATES IT.  YOU

                    HAVE TO OPT OUT IF YOU DON'T WANT IT.  IF YOU DON'T, YOU PAY THE

                    PREMIUM, YOU GOT THE COVERAGES, AND THE ATTORNEYS LOVE IT.

                                 SO I'M OPPOSED TO THIS.  I'M FOR POLICYHOLDERS AND

                    INSUREDS FOR MAKING UP THEIR OWN MIND ON THE COVERAGES THAT THEY

                    WANT AND DESIRE, AND I'M SURE THAT MR. CAHILL WILL HAVE SOMETHING TO

                    SAY ABOUT THIS, AND I EAGERLY AWAIT HIS COMMENTS.  I OPPOSE THIS.  I'LL BE

                    VOTING IN THE NEGATIVE.

                                 ACTING SPEAKER ZEBROWSKI:  READ THE LAST

                    SECTION.

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

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON ASSEMBLY BILL 1029.  THIS IS A PARTY VOTE.  ANY

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

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

                    NUMBERS PREVIOUSLY PROVIDED.

                                 MR. GOODELL.

                                 MR. GOODELL:  THANK YOU, SIR.  FIRST AS A MATTER OF

                    PERSONAL PRIVILEGE, I WANT TO REASSURE ALL OF MY COLLEAGUES THAT

                    ASSEMBLYMAN JENSEN IS AN EXCELLENT DRIVER.

                                 ACTING SPEAKER ZEBROWSKI:  SO NOTED.

                                         128



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 MR. GOODELL:  AND I WOULD FEEL PERFECTLY

                    COMFORTABLE, EVEN THOUGH I'M NOT HIS SPOUSE, IN RIDING IN HIS CAR.

                                 BUT FOR THE REASONS EXPLAINED MY COLLEAGUE, THE

                    REPUBLICAN CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION.  THOSE

                    WHO SUPPORT IT CAN CERTAINLY VOTE IN FAVOR HERE ON THE FLOOR OR BY

                    CONTACTING THE MINORITY LEADER.  THANK YOU, SIR.

                                 ACTING SPEAKER ZEBROWSKI:  ALSO NOTED.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, THE

                    MAJORITY CONFERENCE IS GOING TO BE GENERALLY IN FAVOR OF THIS PIECE OF

                    LEGISLATION; HOWEVER, THERE MAY BE A FEW THAT WOULD LIKE TO BE AN

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

                    OFFICE AND/OR VOTE IN THE CHAMBERS AND THEIR VOTE WILL BE PROPERLY

                    RECORDED.  THANK YOU, SIR.

                                 ACTING SPEAKER ZEBROWSKI:  SO NOTED.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. CAHILL TO EXPLAIN HIS VOTE.

                                 MR. CAHILL:  THANK YOU, MR. SPEAKER.  AND I

                    THANK MY COLLEAGUES FOR BRINGING THIS BILL FORWARD AND HAVING IT ON THE

                    FLOOR.  IT IS PART OF A PROCESS THAT WE HAVE IN THIS HOUSE THAT IF A BILL IS

                    SUBMITTED INTO THE HOPPER, IT GETS CONSIDERED BY A COMMITTEE AND THEN

                    IT COMES OUT TO THE FLOOR.  BUT OCCASIONALLY, A BILL IS SUBMITTED AND IT

                    GOES TO A COMMITTEE AND THAT COMMITTEE DOESN'T WANT TO TAKE IT UP.

                    BUT WE HAVE A PROCESS IN THIS HOUSE, WE CALL IT 99, WHERE YOU CAN ASK

                    FOR AN AFFIRMATIVE DECISION ON WHETHER THAT BILL GETS TAKEN UP.  AND I

                                         129



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    RESPECT THAT PROCESS VERY MUCH; IN FACT, I'M SURE WE'LL BE TAKING IT UP

                    QUITE A BIT IN THE NEXT COUPLE OF DAYS, PARTICULARLY ON THE WAYS AND

                    MEANS AGENDA THAT'S COMING UP TOMORROW.

                                 SO WE UNDERSTAND THE VALUE OF HAVING PEOPLE TAKE

                    AFFIRMATIVE ACTS, AND THAT'S BASICALLY WHAT THIS BILL DOES.  IT SAYS THAT

                    THIS IS A COMMON SENSE PART OF YOUR INSURANCE, BUT MANY PEOPLE ARE

                    NOT AWARE OF IT AND RIGHT NOW IF YOU DON'T ASK FOR IT, YOU MAY NOT EVEN

                    KNOW IT EXISTS.  BUT MORE IMPORTANTLY, YOU MAY NOT EVEN KNOW THAT IT

                    DOESN'T EXIST IN YOUR POLICY AND UNLESS YOU ASK FOR IT, YOU WILL NOT BE

                    COVERED IF YOUR SPOUSE ACTS -- IS INJURED OR KILLED IN AN ACCIDENT

                    BECAUSE OF YOU.  SO WHAT THIS BILL DOES IS IT SERVES AS AN AFFIRMATIVE

                    REMINDER TO NOT JUST THE INSURED, BUT ALSO TO THE COMPANY THAT'S SELLING

                    THEM THE INSURANCE TO MAKE SURE THAT THERE'S AN UNDERSTANDING OF WHAT

                    IS AND IS NOT IN THAT POLICY, AND TO MAKE SURE, LIKE IN THE 99 PROCESS,

                    THAT IT GETS FULL AND DUE CONSIDERATION IF WE THINK IT'S APPROPRIATE.

                                 SO WITH THAT, MR. SPEAKER, I WITHDRAW MY REQUEST AND

                    VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER ZEBROWSKI:  MR. CAHILL IN

                    THE AFFIRMATIVE.

                                 MR. LAWLER TO EXPLAIN HIS VOTE.

                                 MR. LAWLER:  THANK YOU, MR. SPEAKER.  I FOUND IT

                    AMUSING TO HEAR ABOUT THE 99 PROCESS, CONSIDERING THAT EVERY 99 THAT

                    GETS PUT FORWARD PRETTY MUCH IS NOT A VOTE ON THE MERITS OF THE BILL, IT'S

                    A VOTE ON WHETHER OR NOT THE BILL SHOULD BE HELD FOR CONSIDERATION.  SO

                    I'M SURE WHEN THE WAYS AND MEANS COMMITTEE COMES UP, I'M SURE

                                         130



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    THEY WILL TAKE UP THOSE 99S AND ALLOW A YAY OR NAY ON THE ACTUAL MERITS

                    OF THE BILL AS OPPOSED TO A MOTION TO HOLD.  I'M SURE THE SPONSOR OF THIS

                    BILL WILL BE PUSHING FOR THAT TO HAPPEN.  I VOTE NO.

                                 ACTING SPEAKER ZEBROWSKI:  MR. LAWLER IN

                    THE NEGATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 PAGE 9, RULES REPORT NO. 280, THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A00098-A, RULES

                    REPORT NO. 280, QUART, KIM, TAYLOR, FORREST, BURGOS, REYES, HEVESI,

                    FAHY, O'DONNELL, MITAYNES, ANDERSON, MAMDANI, JACKSON, CLARK,

                    SIMON, GONZÁLEZ-ROJAS, SEAWRIGHT, CARROLL, GALLAGHER, DARLING,

                    BURDICK, CRUZ, EPSTEIN, GOTTFRIED, HUNTER, MEEKS, WEPRIN, KELLES, L.

                    ROSENTHAL, OTIS, FERNANDEZ, COOK, AUBRY, MCDONALD, NIOU, DINOWITZ,

                    SEPTIMO, GIBBS, DICKENS, GLICK, DAVILA, HYNDMAN, PRETLOW, RAMOS,

                    CAHILL, TAPIA, LUNSFORD.  AN ACT TO AMEND THE CRIMINAL PROCEDURE

                    LAW, IN RELATION TO MOTIONS TO VACATE JUDGMENT; AND TO REPEAL CERTAIN

                    PROVISIONS OF SUCH LAW RELATING THERETO.

                                 ACTING SPEAKER ZEBROWSKI:  MR. QUART, AN

                    EXPLANATION HAS BEEN REQUESTED.

                                 MR. QUART:  YES, GOOD EVENING.  NEW YORK STATE

                    RANKS THIRD LOWEST AMONGST 50 STATES IN THIS COUNTRY IN WRONGFUL

                    CONVICTIONS.  NEW YORK CITY PAID OUT $500 MILLION IN TEN YEARS FOR

                    THOSE WRONGFULLY INCARCERATED.  UNFORTUNATELY, THE COURT OF APPEALS IN

                                         131



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    PEOPLE V. TIGER IN 2018 LIMITED THE RELIEF FOR THOSE WITH INNOCENCE

                    CLAIMS ONLY TO DNA EVIDENCE.  THIS LEGISLATION CHANGES THAT.  THIS

                    LEGISLATION SETS UP A JUDICIAL FRAMEWORK TO ALLOW FOR INNOCENCE CLAIMS

                    BROADER THAN JUST DNA EVIDENCE.  SPECIFICALLY, IT ALLOWS FOR

                    POST-CONVICTION DISCOVERY, A DUE PROCESS ASPECT.

                                 SECONDLY, ASSIGNMENT OF COUNSEL FOR WHICH NO OTHER

                    RIGHT IS REAL OR TANGIBLE WITHOUT THE RIGHT TO COUNSEL, AND A MORE

                    DETAILED MOTION PRACTICE, AND REQUIRING A COURT HEARING ALL TO ALLOW

                    INNOCENCE CLAIMS, NOT A SECOND BITE AT THE APPLE, BUT ONLY CLAIMS OF

                    INNOCENCE.

                                 MR. MORINELLO:  ON THE BILL, MR. SPEAKER.

                                 ACTING SPEAKER ZEBROWSKI:  ONE SECOND,

                    MR. MORINELLO.  IF EVERYBODY COULD LOWER THE NOISE JUST A BIT.  THANK

                    YOU.

                                 MR. MORINELLO, ON THE BILL.

                                 MR. MORINELLO:  THANK YOU, SIR.  THE NEW YORK

                    STATE CRIMINAL PROCEDURE LAW PROVIDES MANY, MANY VEHICLES FOR THOSE

                    WHO WERE CONVICTED THROUGH COLLUSION, WHO WERE FORCED, WHO MAY

                    HAVE BEEN INCARCERATED BECAUSE THEY COULDN'T AFFORD BAIL, AND MANY

                    OTHER REASONS.  WHAT THIS ONE BASICALLY SAYS IS YOU WERE CONVICTED

                    BECAUSE YOU BROKE THE LAW, YOU DIDN'T FOLLOW THE RULES.  AND WHAT THIS

                    IS NOW SAYING IS IT'S OKAY, WE'RE GOING TO GIVE YOU A DO-OVER.

                                 YOU KNOW, WE ARE EMBROILED IN A STATE THAT IS ROTE

                    WITH CRIME, AND WHAT IS HAPPENING IS THIS, NO ONE WANTS TO BE

                    RESPONSIBLE FOR THE CONSEQUENCES OF THEIR ACTIONS.  OUR YOUTH ARE

                                         132



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    CONFUSED.  WE TALK ABOUT MENTAL HEALTH, BUT WHAT ARE WE DOING TO

                    THEM?  IN ONE HAND WE TELL THEM DON'T BREAK THE LAW AND THE OTHER

                    HAND WE TELL THEM IT'S OKAY, THERE'S NO CONSEQUENCES FOR YOU.  YOU CAN

                    GET AWAY WITH IT, YOU CAN DO THIS.

                                 SO THIS BILL HERE REALLY AND TRULY DOES NOT HAVE A BASIS

                    IN NOT BREAKING THE LAW.  IT DOES NOT HAVE A BASIS.  AND YOU COMMITTED

                    A CRIME, BUT WE'RE GOING TO TELL YOU IT'S OKAY.  YOU KNOW, GROWING UP, I

                    GREW UP IN A ROMAN CATHOLIC HOUSEHOLD AND THERE WAS A PRINCIPLE THAT

                    YOU COULDN'T EAT MEAT ON FRIDAY, AND IF YOU ATE MEAT ON FRIDAY, WE

                    WERE TAUGHT YOU COMMITTED A MORTAL SIN AND IF YOU PASSED AWAY AND

                    WENT ON TO YOUR REWARD, YOU WOULD GO TO ETERNAL DAMNATION.  THEY

                    ENDED UP CHANGING THAT, SO NOW DO WE GO TO GOD AND SAY TAKE THEM

                    OUT OF ETERNAL DAMNATION AND BRING THEM UP TO GLORY BECAUSE THEY

                    CHANGED THE LAW?  THAT'S WHAT THIS IS DOING.

                                 WHAT WE HAVE TO DO IS RECOGNIZE THAT WE HAVE LAWS

                    AND YOU CAN'T BREAK THE LAW.  AND NOBODY EVER WANTS TO SAY JUST DON'T

                    BREAK THE LAW, IT'S LIKE OH, THE POOR CRIMINALS, OH, THE POOR PERSON.

                    WELL, THEY WERE IN JAIL FOR AWHILE, SO WE SHOULD TELL THEM IT'S OKAY TO

                    GO HOME.  YOU KNOW, USED TO BE FOR BURGLARY IT DIDN'T MATTER WHETHER

                    SOMEBODY WAS IN THEIR RESIDENCE OR THEY WERE NOT.  IT WAS A SERIOUS

                    FELONY, AND THEN THIS BODY DECIDED TO CHANGE IT.  IF YOU'RE NOT HOME,

                    WE'RE GOING TO MAKE IT A REDUCED CHARGE.  WHAT DIFFERENCE DOES IT

                    MAKE?  THEY BROKE INTO SOMEONE'S HOME.  THEY INVADED THEIR PRIVACY.

                    THE TRAUMA TO THE VICTIM IS GOING TO BE THE SAME WHETHER THEY'RE HOME

                    OR NOT BECAUSE SOMEBODY WENT IN TO WHAT THEY BELIEVED WAS THEIR

                                         133



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    SANCTUARY.

                                 SO THIS IS JUST ANOTHER WAY OF SAYING EVERYTHING'S

                    OKAY, YOU CAN BREAK THE LAW, WE'RE GOING TO COME UP WITH A WAY TO

                    EXONERATE YOU AND YOU HAVE NO RESPONSIBILITY FOR THE CONSEQUENCES OF

                    YOUR ACTIONS.  MR. SPEAKER, I VOTE NO AND I URGE MY COLLEAGUES TO VOTE

                    NO ON THIS BILL.  THANK YOU.

                                 ACTING SPEAKER ZEBROWSKI:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON ASSEMBLY BILL 98-A.  THIS IS A PARTY VOTE.  ANY

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

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

                    NUMBERS PREVIOUSLY PROVIDED.

                                 MR. GOODELL.

                                 MR. GOODELL:  THANK YOU, SIR.  THE REPUBLICAN

                    CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION FOR THE REASONS

                    MENTIONED BY MY COLLEAGUE.  THOSE WHO SUPPORT IT ARE CERTAINLY FREE

                    TO VOTE IN FAVOR HERE ON THE FLOOR OR BY CONTACTING THE MINORITY LEADER.

                    THANK YOU, SIR.

                                 ACTING SPEAKER ZEBROWSKI:  MRS.

                    PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  THE MAJORITY CONFERENCE IS GOING TO BE IN FAVOR OF THIS PIECE

                    OF LEGISLATION; HOWEVER, THERE MAY BE A FEW OF OUR COLLEAGUES THAT

                                         134



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    WOULD CHOOSE TO BE AN EXCEPTION.  THEY'RE CERTAINLY WELCOME TO DO

                    THAT EITHER BY CASTING THEIR VOTE IN THE CHAMBERS OR CALLING THE

                    MINORITY LEADER'S OFFICE.  THANK YOU, SIR.

                                 BY THE WAY, SIR, YOU'RE DOING A REALLY GREAT JOB UP

                    THERE.

                                 (APPLAUSE)

                                 (THE CLERK RECORDED THE VOTE.)

                                 ACTING SPEAKER ZEBROWSKI:  MR. QUART TO

                    EXPLAIN HIS VOTE.

                                 MR. QUART:  THANK YOU VERY MUCH.  JUST TWO QUICK

                    POINTS:  ONE, THE ONLY PEOPLE WHO ARE BEING -- LETTING GO FROM A STATE

                    CORRECTIONAL FACILITY ARE FOR CRIMES THAT ARE NO LONGER CRIMINAL CONDUCT.

                    FOR EXAMPLE, THIS LEGISLATURE, AND NEAR UNANIMITY IN THIS LEGISLATURE,

                    VOTED TO DECRIMINALIZE GRAVITY KNIVES.  SO A CRIME LIKE THAT THAT IS NO

                    LONGER A CRIME, IF SOMEONE IS IN A STATE CORRECTIONAL FACILITY, THAT'S THE

                    ONLY PEOPLE WHO WOULD, QUOTE/UNQUOTE, GET OUT OF A STATE CORRECTIONAL

                    FACILITY BECAUSE WE DECRIMINALIZED SOMETHING.

                                 SECONDLY, JUST A POINT FOR THE LEGISLATIVE RECORD WHEN

                    SOMEONE LOOKS BACK AT THIS IS THAT THIS REALLY DEALS WITH PLEA

                    AGREEMENTS.  NINETY-EIGHT PERCENT OF CASES ARE RESOLVED BY PLEA

                    AGREEMENTS, THERE IS NO TRIAL RECORD.  SO THIS IS REALLY DEALING WITH THE

                    GAP, I WOULD ARGUE, THAT THE COURT OF APPEALS LEFT IN 2018 IN PEOPLE V.

                    TIGER TO EXPAND INNOCENCE CLAIMS TO WHERE IT ISN'T DNA EVIDENCE,

                    SPECIFICALLY IN THE IDEA OF PLEA AGREEMENTS WHERE THERE IS NO TRIAL

                    RECORD AND WE'RE LOOKING AT NEW EVIDENCE.  THANK YOU, MR. SPEAKER.

                                         135



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 ACTING SPEAKER ZEBROWSKI:  MR. QUART IN

                    THE AFFIRMATIVE.

                                 MR. KIM TO EXPLAIN HIS VOTE.

                                 MR. KIM:  THANK YOU, MR. SPEAKER.  I JUST RISE TO

                    THANK THE SPONSOR OF THIS BILL, MY SEATMATE; THIS MIGHT BE HIS LAST PIECE

                    OF LEGISLATION IN THIS BODY, HE IS MOVING ON TO BETTER ROLES IN THE

                    FUTURE.  AND YOU KNOW, HE'S BEEN A PASSIONATE PUBLIC SERVANT FOR

                    CRIMINAL JUSTICE REFORM OVER THE YEARS.  MANY OF US HEARD HIM DEBATE

                    ON THESE TOPICS AND I, FOR MYSELF, LEARNED QUITE A BIT NOT ONLY SITTING

                    NEXT TO HIM BUT CONVERSING WITH HIM DAY IN AND DAY OUT ABOUT ALL THESE

                    ISSUES.  SO WE WILL DEFINITELY MISS HIM MOVING FORWARD.  THANK YOU,

                    MR. QUART.

                                 (APPLAUSE)

                                 ACTING SPEAKER ZEBROWSKI:  THANK YOU, MR.

                    KIM; YES, THANK YOU, MR. QUART.

                                 MR. KIM 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, IF WE COULD

                    CONTINUE OUR WORK THIS EVENING, WE'RE GOING TO GO TO RULES REPORT NO.

                    287, THAT ONE'S BY MR. ABINANTI; THEN WE'RE GOING TO GO TO RULES

                    REPORT NO. 288 BY MR. DINOWITZ; 293 BY MR. KIM; AND 299 BY MS.

                    PAULIN.  IN THAT ORDER, MR. SPEAKER.  THANK YOU.

                                         136



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 ACTING SPEAKER ZEBROWSKI:  THANK YOU,

                    MRS. PEOPLES-STOKES.

                                 PAGE 9, RULES REPORT NO. 287, THE CLERK WILL READ.


                                 THE CLERK:  SENATE NO. S07535-A, RULES REPORT

                    NO. 287, SENATOR SANDERS (ABINANTI, SAYEGH--A01082-A).  AN ACT TO

                    AMEND THE BANKING LAW, IN RELATION TO CHECK CASHING POLICIES.

                                 ACTING SPEAKER ZEBROWSKI:  MR. ABINANTI,

                    AN EXPLANATION HAS BEEN REQUESTED.

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

                    WOULD AMEND THE BANKING LAW OF THE STATE OF NEW YORK TO REQUIRE

                    BANKING INSTITUTIONS GOVERNED BY THE STATE OF NEW YORK TO CASH

                    CASHIER'S CHECKS, PAYROLL CHECKS, OR CERTIFIED CHECKS UP TO THE AMOUNT

                    OF $500 WHEN PRESENTED WITH APPROPRIATE IDENTIFICATION BY THE PERSON

                    TO WHOM THE CHECK IS ADDRESSED.

                                 ACTING SPEAKER ZEBROWSKI:  MR. LALOR.

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

                    SPONSOR YIELD FOR A COUPLE QUICK QUESTIONS?

                                 ACTING SPEAKER ZEBROWSKI:  MR. ABINANTI,

                    WILL YOU YIELD?

                                 MR. ABINANTI:  YES, MR. SPEAKER.

                                 ACTING SPEAKER ZEBROWSKI:  THE SPONSOR

                    YIELDS.

                                 MR. LALOR:  DO WE KNOW HOW OFTEN IT HAPPENS THAT

                    A BANK REFUSES TO CASH A CHECK FROM SOMEONE WHO ISN'T A CUSTOMER?

                                 MR. ABINANTI:  WELL, UNDER THE PRESENT LAW THERE'S

                                         137



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    NO OBLIGATION TO CASH THE CHECK AND WE DON'T HAVE ANY EVIDENCE ON

                    HOW MANY PEOPLE HAVE BEEN TURNED AWAY, BUT I HAVE HEARD OF

                    CIRCUMSTANCES PERSONALLY WHERE PEOPLE HAVE BEEN UNABLE TO CASH A

                    CHECK.  LET'S REMEMBER THAT THERE ARE MANY PEOPLE THAT WHO DO NOT

                    HAVE CHECKING ACCOUNTS IN THIS DAY AND AGE, EITHER BY CHOICE OR BY

                    CIRCUMSTANCE.

                                 MR. LALOR:  SO IS IT THOUSANDS OF PEOPLE AROUND

                    THE STATE, IS IT TENS OF PEOPLE AROUND THE STATE?  IS IT A WIDESPREAD

                    PROBLEM THAT WE NEED STATEWIDE LEGISLATION?

                                 MR. ABINANTI:  WELL, WE'RE TRYING TO HELP THE

                    CONSUMERS.  WE HAVEN'T TAKEN A SURVEY, BUT THIS IS NOT AN IMPOSITION.

                    THESE ARE CHECKS THAT ARE DRAWN ON A BANK, THEY'RE GUARANTEED IN ONE

                    WAY, SHAPE OR FORM.  THE BANK IS GETTING THE BUSINESS OF THE COMPANY

                    THAT ISSUES THE PAYROLL CHECK OR SOMEBODY HAS COME IN AND PAID FOR A

                    CASHIER'S CHECK.  SO THE BANK HAS ALREADY GOTTEN THE BUSINESS.  IT'S THEIR

                    CHECK, IT'S THE ACCOUNT THERE, THEY SHOULD HAVE AN OBLIGATION TO CASH A

                    PROPERLY PRESENTED CHECK, AND WE'RE ONLY TALKING UP TO $500.

                                 MR. LALOR:  AND IS THERE A CONCERN ABOUT THE

                    POTENTIAL FOR FRAUD?  A STRANGER WALKS INTO A BANK AND ASKS FOR A CHECK

                    TO BE CASHED?

                                 MR. ABINANTI:  I WOULD THINK THAT SOMEONE WHO

                    SHOWS UP WITH A VALID GOVERNMENT-ISSUED PHOTO ID AND SOME KIND OF

                    OTHER PROOF OF THEIR ADDRESS WILL HAVE MORE DIFFICULTIES THAN HAVING A

                    BANK GET COMPLIANT ABOUT THE $500.  I THINK THAT'S PROBABLY A FEDERAL

                    VIOLATION AND THEY COULD BE DOING SERIOUS TIME JUST TO CASH A $500

                                         138



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    CHECK.  SO I'M NOT TOO WORRIED ABOUT THE -- ABOUT THE POSSIBILITY OF

                    FRAUD.

                                 MR. LALOR:  DO YOU THINK THE BANKS AND THE OTHER

                    STATE-CHARTERED INSTITUTIONS ARE CONCERNED ABOUT FRAUD?

                                 MR. ABINANTI:  I WOULD SUGGEST THAT IF THEY HAVE

                    THAT CONCERN, IT'S MISPLACED.  THEY CAN HAVE THEIR TELLERS TRAINED ON

                    RECOGNIZING A VALID GOVERNMENT-ISSUED ID, AND PERUSE WHAT OTHER

                    EVIDENCE DEMONSTRATES THE ADDRESS OF THE PERSON WHO PRESENTS THE

                    CHECK.

                                 MR. LALOR:  ARE THE MANY FEDERAL-CHARTERED BANKS

                    IN OUR STATE REQUIRED TO DO THIS?

                                 MR. ABINANTI:  I'M NOT AWARE THAT THEY ARE

                    REQUIRED TO DO THIS, BUT THIS COULD BE AN ADVANTAGE FOR THE STATE BANKS.

                    RECALL THAT I WAS THE BANKING CHAIR FOR QUITE SOME TIME, AND WE

                    THOUGHT THAT SOME OF THESE THINGS WOULD BE HELPFUL TO OUR BANKS

                    BECAUSE IT OFFERS SERVICES THAT THE FEDERAL BANKS DON'T OFFER.

                                 MR. LALOR:  THANK YOU.

                                 ON THE BILL, MR. SPEAKER.

                                 ACTING SPEAKER ZEBROWSKI:  ON THE BILL.

                                 MR. LALOR:  LIKE SO MANY OF THESE BANKING

                    REGULATIONS BECAUSE OF OUR FEDERAL SYSTEM WE'RE ONLY ALLOWED TO

                    REGULATE THE STATE-CHARTERED INSTITUTIONS.  SO WE HAVE A DIFFERENT SET OF

                    RULES AND A DIFFERENT SET OF BURDENS WHICH COULD PUT OUR

                    STATE-CHARTERED INSTITUTIONS AT A DISADVANTAGE.  AND I KNOW THE SPONSOR

                    SAYS THAT CONCERNS ABOUT FRAUD ARE MISPLACED, BUT THE INDEPENDENT

                                         139



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    BANKERS, THE SMALLER BANKERS THAT I TALK TO AND WHO PROVIDED FEEDBACK

                    FOR THIS BILL ARE CONCERNED.  FOR THOSE REASONS, I ENCOURAGE A VOTE IN

                    THE NEGATIVE.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER ZEBROWSKI:  READ THE LAST

                    SECTION.

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

                    DAY.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON SENATE BILL 7535-A.  THIS IS A PARTY VOTE.  ANY

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

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

                    NUMBERS PREVIOUSLY PROVIDED.

                                 MR. GOODELL.

                                 MR. GOODELL:  THANK YOU, SIR.  THE REPUBLICAN

                    CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION.  THOSE WHO

                    SUPPORT IT CAN VOTE IN FAVOR ON THE FLOOR OR BY CONTACTING THE MINORITY

                    LEADER'S OFFICE.  THANK YOU, SIR.

                                 ACTING SPEAKER ZEBROWSKI:  MRS.

                    PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  THE MAJORITY CONFERENCE IS GENERALLY GOING TO BE IN FAVOR OF

                    THIS PIECE OF LEGISLATION; HOWEVER, THERE MAY BE COLLEAGUES WHO WOULD

                    CHOOSE TO BE AN EXCEPTION.  THEY'RE CERTAINLY WELCOME TO CALL THE

                    MAJORITY LEADER'S OFFICE, THEIR VOTE WILL BE PROPERLY RECORDED, OR THEY

                    CAN MAKE THEIR VOTE IN THE CHAMBERS.  THANK YOU, SIR.

                                         140



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 (THE CLERK RECORDED THE VOTE.)

                                 ACTING SPEAKER ZEBROWSKI:  MR. GOODELL TO

                    EXPLAIN HIS VOTE.

                                 MR. GOODELL:  THANK YOU, SIR.  AS MENTIONED BY

                    MY COLLEAGUE, THIS LEGISLATION ONLY APPLIES TO THE STATE-CHARTERED

                    BANKS.  THESE ARE TYPICALLY THE SMALLER, LOCAL COMMUNITY BANKS.  THESE

                    BANKS DO EVERYTHING THEY CAN TO SERVE THE LOCAL COMMUNITY.  SO YOU

                    MIGHT SAY, WELL, WHY WOULDN'T THEY CASH A CHECK FOR $500 IF IT WALKS

                    THROUGH THE FRONT DOOR?  AND THE ANSWER IS THEY HESITATE WHEN A PERSON

                    WHO COMES IN THE FRONT DOOR IS NOT A CUSTOMER OF THE BANK AND THEY

                    DON'T KNOW WHO THEY ARE.  AND YOU SAY, WELL, THIS BILL ONLY REQUIRES

                    THEM TO CASH PAYROLL CHECKS, FOR EXAMPLE, OR CASHIER'S CHECKS OR

                    OTHERS, BUT THERE'S NO GUARANTEE THAT THE PAYROLL CHECK IS GOING TO CLEAR,

                    AND WE ALL KNOW THOSE BOUNCE FROM TIME TO TIME.  AND IF IT'S NOT A

                    BANK CUSTOMER, IT'S IMPOSSIBLE OR VERY DIFFICULT, I SHOULDN'T SAY IT'S

                    IMPOSSIBLE, BUT IT CAN BE VERY DIFFICULT FOR THE BANK TO -- TO COVER IT.

                                 A FEW YEARS AGO, THERE WAS A SCAM GOING AROUND THAT

                    WAS MADDENING LAWYERS; I GOT A NOTICE BY MY MALPRACTICE CARRIER TO BE

                    WARY OF IT.  AND THE SCAM WENT LIKE THIS.  YOU GOT A CALL FROM A

                    COMPANY, THEY SAY WOULD YOU COLLECT A DEBT FOR US, YOU NEGOTIATE WITH

                    ANOTHER COMPANY, REACH A SETTLEMENT, THEY SENT YOU A CERTIFIED CHECK

                    OR A CASHIER'S CHECK.  YOU PUT THAT IN YOUR TRUST ACCOUNT, YOU THEN SEND

                    YOUR TRUST ACCOUNT CHECK ON TO THE CUSTOMER AFTER DEDUCTING YOUR FEE

                    ONLY TO FIND OUT LATER THAT YOUR TRUST ACCOUNT CHECK CLEARED, BUT THEIR

                    CASHIER'S CHECK OR THEIR CERTIFIED CHECK DIDN'T BECAUSE IT WAS

                                         141



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    FRAUDULENT.  AND THIS WAS A SCAM THAT WAS NAILING ATTORNEYS ALL AROUND

                    THE AREA TO THE POINT WHERE, YOU KNOW, WE WERE RECEIVING NOTICES

                    ABOUT IT.  AND THAT'S EXACTLY WHAT THIS BILL SETS UP.

                                 THERE'S A REASON THAT IF A BANK -- THERE'S A REASON THAT

                    A BANK WHO DOESN'T KNOW THE CUSTOMER MIGHT NOT WANT TO CASH THE

                    CHECK, AND IT'S BECAUSE THEY DON'T HAVE THAT BUSINESS RELATIONSHIP,

                    THEY'RE NOT CONFIDENT THAT THERE'S ENOUGH FUNDS IN THE ACCOUNT, THEY'RE

                    NOT CONFIDENT OF THE DEPOSITS THAT WENT INTO THE ACCOUNT THAT BACKED

                    THAT CHECK.  AND A LOT OF PEOPLE DON'T REALIZE THAT IF YOU TAKE A CHECK

                    AND YOU DEPOSIT IT WITH A BANK, THAT CHECK COULD BOUNCE ANY TIME IN

                    THE NEXT SEVERAL WEEKS LEAVING THE BANK WITHOUT AN ACCOUNT BALANCE TO

                    COVER THESE CHECKS.  AND SO WE SHOULD STOP FOCUSING ON LAYING MORE

                    AND MORE BURDENS ON OUR OWN LOCAL, COMMUNITY BANKS THAT SET THEM

                    UP FOR FRAUD, AND THAT'S WHAT THIS DOES.  THANK YOU, SIR.

                                 ACTING SPEAKER ZEBROWSKI:  MR. GOODELL IN

                    THE NEGATIVE.

                                 MRS. PEOPLES-STOKES TO EXPLAIN HER VOTE.

                                 MRS. PEOPLES-STOKES:  THANK YOU, SIR, FOR THE

                    OPPORTUNITY TO EXPLAIN MY VOTE.  I WANT TO APPLAUD MY COLLEAGUE FOR

                    INTRODUCING THIS PIECE OF LEGISLATION.  AND, YOU KNOW, I AM OFTEN

                    SURPRISED THAT THERE ARE SO MANY PEOPLE IN OUR SOCIETY THAT DON'T

                    UNDERSTAND THAT THERE ARE SOME PEOPLE WHO ARE UNDERBANKED AND, QUITE

                    FRANKLY, REDLINED, NOT EVEN ALLOWED TO HAVE ACCESS TO A BANK ACCOUNT.

                    AND BECAUSE OF THAT, THE SAME $500 CHECK THAT THEY MAY GET,

                    SOMEBODY ELSE GETS THAT SAME CHECK, THEY CAN GO TO THE BANK AND GET

                                         142



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    $500.  THESE OTHER PEOPLE WHO CAN'T GO TO A BANK HAVE TO GO

                    SOMEWHERE WHERE THEY'VE GOT TO PAY $10 TO GET $500, SO NOW THEY'VE

                    ONLY GOT 490.  AND BY THE WAY, THAT'S THE WAY THAT WE KEEP PEOPLE IN

                    PERPETUAL POVERTY BECAUSE WE WON'T ALLOW THEM TO BE FULL PARTICIPANTS

                    IN SOCIETY LIKE EVERYBODY ELSE.

                                 NOW, I UNDERSTAND THAT PEOPLE ARE SOMETIMES

                    CONCERNED ABOUT FRAUD, BUT THAT'S NOT ALWAYS THE FIRST THOUGHT ON

                    SOMEBODY'S MIND WHEN THEY WANT TO GET THEIR WORK CHECK CASHED.

                    THEY WANT TO GET THEIR -- THEY WANT TO GET THEIR CHECK CASHED.  AND

                    WHY WOULD THE SPONSOR FOCUS ON JUST STATE-CHARTERED BANKS?  IT'S

                    BECAUSE WE DON'T HAVE THE AUTHORITY TO TELL FEDERALLY-CHARTERED BANKS

                    WHAT TO DO.  WE ONLY CAN TALK TO STATE-CHARTED BANKS.  PERHAPS SOME OF

                    OUR COLLEAGUES AT THE FEDERAL LEVEL WILL TAKE OUR EXAMPLE AND FIGURE

                    OUT A WAY TO FORCE FEDERALLY-OPERATED BANKS TO DO THE SAME THING

                    BECAUSE WHAT YOU ARE PERPETUALLY DOING TO PEOPLE WHO ARE UNABLE TO

                    BANK BECAUSE OF ALL THE KINDS OF DECISIONS THAT YOU'VE MADE THAT'S NOT

                    BASED ON ANYTHING BUT WHAT YOU THINK ABOUT THEIR COLOR OR WHAT YOU

                    THINK ABOUT THEIR ZIP CODE, WHAT YOU THINK ABOUT THEIR CAPACITY TO HAVE

                    MONEY AND CONTROL MONEY AND BE FINANCIALLY LITERATE.  THOSE THOUGHTS

                    ARE RUINING PEOPLE'S LIVES.

                                 AND SO I WANT TO COMMEND THE COLLEAGUE FOR TRYING TO

                    FIGURE OUT HOW TO CHANGE SOME OF THAT AND GIVE PEOPLE AN OPPORTUNITY

                    TO EARN $500, TAKE THEIR CHECK TO THE BANK AND GET $500.  THANK YOU,

                    MR. SPEAKER.  I'M PLEASED TO VOTE IN FAVOR OF THIS.

                                 ACTING SPEAKER ZEBROWSKI:  MRS.

                                         143



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    PEOPLES-STOKES IN THE AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 PAGE 10, RULES REPORT NO. 288, THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A01194-A, RULES

                    REPORT NO. 288, DINOWITZ, GOTTFRIED, COOK, BENEDETTO, COLTON.  AN

                    ACT DIRECTING THE DIVISION OF HOUSING AND COMMUNITY RENEWAL TO

                    STUDY NON-RENTAL FEES CHARGED BY LANDLORDS.

                                 ACTING SPEAKER ZEBROWSKI:  MR. DINOWITZ,

                    AN EXPLANATION HAS BEEN REQUESTED.

                                 MR. DINOWITZ:  CERTAINLY.  THE PURPOSE OF THIS BILL

                    IS TO REQUIRE HOUSING COMMUNITY RENEWAL TO PREPARE A REPORT ON

                    NON-RENTAL FEES IMPOSED BY LANDLORDS OF HOUSING ACCOMMODATIONS

                    SUBJECT TO RENT REGULATIONS STATEWIDE.  THE REPORT WOULD INCLUDE A

                    DESCRIPTION OF FEES COMMONLY OR FREQUENTLY CHARGED, THE AMOUNT OF

                    FEES, HOW THE FEES ARE DETERMINED, AND ANY OTHER DATA OR INFORMATION

                    DEEMED PERTINENT AND WOULD BE DUE TO BE SUBMITTED TO THE LEGISLATURE

                    BY APRIL 1ST, 2024.

                                 ACTING SPEAKER ZEBROWSKI:  MR. FITZPATRICK.

                                 MR. FITZPATRICK:  THANK YOU, MR. SPEAKER.

                    WOULD THE SPONSOR YIELD?

                                 ACTING SPEAKER ZEBROWSKI:  MR. DINOWITZ,

                    WILL YOU YIELD?

                                 MR. DINOWITZ:  I WILL.

                                         144



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 ACTING SPEAKER ZEBROWSKI:  THE SPONSOR

                    YIELDS.

                                 MR. FITZPATRICK:  THANK YOU, JEFF.  IT'S -- WHAT IS

                    THE PURPOSE OF YOUR BILL HERE?  WHAT IS THE GOAL, ULTIMATELY?

                                 MR. DINOWITZ:  WELL, FIRST IF YOU LIKE THIS BILL

                    YOU'RE GOING TO LOVE MY NEXT BILL, WHICH I HOPE WE DEBATE, BUT...

                                 (LAUGHTER)

                                 MR. FITZPATRICK:  I HAVE NEVER LIKED ONE OF YOUR

                    BILLS, SO...

                                 (LAUGHTER)

                                 MR. DINOWITZ:  I KNOW, AND YET THEY ALL PASS.

                                 (LAUGHTER)

                                 THE PURPOSE OF THIS BILL IS AS FOLLOWS:  WE HAVE A

                    PROBLEM WHEREBY SOME LANDLORDS ARE PUTTING -- IN ADDITION TO THE

                    EXORBITANT RENT INCREASES THEY'VE GOTTEN OVER THE YEARS -- AND I ADMIT

                    THE PAST FEW YEARS HAVE BEEN A BIT OF AN ABHORRATION.

                                 MR. FITZPATRICK:  YOU CAN SAY EXORBITANT,

                    EXORBITANT --

                                 MR. DINOWITZ:  OVER THE YEARS, LANDLORDS --

                                 MR. FITZPATRICK:  WE'RE TALKING RENT STABILIZED.

                                 MR. DINOWITZ:  YES, WE'RE TALKING ABOUT -- I'M

                    SORRY, WE'RE TALKING ABOUT --

                                 MR. FITZPATRICK:  -- EXORBITANT THEN.  THEY'RE

                    BELOW MARKET.

                                 MR. DINOWITZ:  WELL, THAT'S A MATTER OF OPINION.

                                         145



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 MR. FITZPATRICK:  BUT THEY'RE NOT EXORBITANT, YOU

                    CAN'T SAY A RENT STABILIZED APARTMENT IS GETTING AN EXORBITANT --

                                 MR. DINOWITZ:  WELL, LET ME ANSWER IT, HE WHO

                    LIVES IN A DISTRICT WHERE THERE'S ONLY ONE OR TWO STORY BUILDINGS.

                                 MR. FITZPATRICK:  WE HAVE SOME THREE AND FOURS.

                                 MR. DINOWITZ:  OH, YOU HAVE -- OKAY.

                                 MR. FITZPATRICK:  YEAH.

                                 MR. DINOWITZ:  SO LANDLORDS OVER THE YEARS HAVE

                    BEEN ABLE TO GET NOT ONLY THE RENT STABILIZED ALLOWABLE INCREASES, LET'S

                    SAY IN NEW YORK CITY, BUT THEY WERE ABLE TO, UNTIL WE THANKFULLY

                    CHANGED THE LAW IN 2019 JUNE, THEY WERE ABLE TO GET OTHER HUGE

                    INCREASES ON THEIR APARTMENTS THROUGH MAJOR CAPITAL IMPROVEMENTS

                    AND INSIDE THE APARTMENT IMPROVEMENTS, AND A WHOLE BUNCH OF OTHER

                    THINGS.  BUT IN ADDITION TO ALL THAT, THEY HAVE ALL TOO OFTEN CHARGED

                    ADDITIONAL FEES ABOVE THOSE INCREASES.  SAY IF YOU PUT AN AIR

                    CONDITIONER IN THE WINDOW OR THE UNILATERAL UNTIL WE CHANGED THE LAW

                    THANKS TO LEGISLATION THAT WE PASSED - LET ME FINISH - TO PUT ON LEGAL

                    FEES, CHARGING FOR I DON'T KNOW, WASHING MACHINES OR DRYERS OR

                    DISHWASHERS, THINGS LIKE THAT.  SO WHAT THIS BILL DOES IS IT ASKS FOR A

                    REPORT SO WE CAN FIND OUT EXACTLY WHAT'S GOING ON.  AND AS YOU

                    NOTICED, THE BILL IS ONLY EIGHT LINES LONG, IT'S SIMPLY TRYING TO GET

                    INFORMATION.

                                 MR. FITZPATRICK:  YEAH, NO, UNDERSTOOD.  BUT AS

                    WE BOTH KNOW UNDER THE NEW YORK CITY ADMINISTRATIVE CODE, THERE IS

                    A LIMIT OF $15,000 FOR ANY TYPE OF CAPITAL IMPROVEMENT, NOT MORE THAN

                                         146



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    THREE OVER 15 YEARS, ALL RIGHT, SO -- AND THE BASE RENT GOES UP ONLY BY,

                    WHAT, ONE -- 168TH FOR THAT 30-YEAR PERIOD?  SO THEY'RE NOT SNEAKING

                    THESE CHARGES IN, THESE ARE ALREADY OUTLINED IN THE ADMINISTRATIVE CODE

                    AND PERMITTED IF -- WITH THE CONSENT OF THE RENTER.

                                 MR. DINOWITZ:  NO, RENTERS DON'T REALLY CONSENT TO

                    THESE KIND OF INCREASES.  I'LL GIVE YOU AN EXAMPLE.  NOW, WE PASSED --

                    I'M NOT GOING TO, WE DON'T WANT TO DEBATE A BILL THAT WE HAVE ALREADY

                    DEBATED IN THE PAST, BUT OVER THE YEARS LANDLORDS HAVE UNILATERALLY

                    CHARGED LEGAL FEES AND JUST TACKED IT ON TO THE RENT, NO DISCUSSION,

                    NOTHING IN THE LEASE TO SAY THEY COULD DO IT, BUT THEY DID UNTIL WE

                    CHANGED THE LAW THANKS TO MOST OF US.  AND THOSE WERE OVER AND ABOVE

                    THE TYPES OF INCREASES WHICH THEY COULD GET THROUGH -- THROUGH THE

                    REGULAR RENT STABILIZATION PROCESS.  NOW, OF COURSE, THREE YEARS AGO WE

                    MADE SIGNIFICANT CHANGES TO LEVEL THE PLAYING FIELD IN TERMS OF SOME OF

                    THE THINGS YOU JUST DESCRIBED, MAJOR CAPITAL IMPROVEMENTS, BUT WHAT

                    WE DIDN'T DO IS CHANGE SOME OF THESE ADDITIONAL FEES THAT LANDLORDS

                    CHARGE.  SO FOR EXAMPLE, AND THAT'S NOT SPECIFICALLY THE SUBJECT OF THIS

                    BILL, BUT IF SOMEBODY PUTS IN AN AIR CONDITIONER CURRENTLY, EVEN THOUGH

                    THEY BUY THE AIR CONDITIONER, PAY FOR THE AIR CONDITIONER, PAY FOR THE

                    ELECTRICITY, A LANDLORD COULD STILL PUT AN ADDITIONAL FEE ON THE RENT.

                    NOW, WHAT THIS BILL DOES IS IT JUST ASKS FOR A STUDY.

                                 MR. FITZPATRICK:  UNDERSTOOD, BUT IT IS

                    PERMITTED.

                                 MR. DINOWITZ:  AT THE MOMENT, YES.

                                 MR. FITZPATRICK:  SO AT THE MOMENT, SO...

                                         147



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 MR. DINOWITZ:  WELL, THAT COULD CHANGE, I MEAN,

                    BUT THAT'S NOT WHAT THIS BILL DOES.  THIS BILL DOES NOT CHANGE THAT.

                                 MR. FITZPATRICK:  NO, IT JUST STUDIES IT.  I THINK

                    THAT THE GOAL MIGHT BE TO CHANGE THAT.

                                 MR. DINOWITZ:  WELL, YES, BUT I BELIEVE IN

                    STUDYING, BUT I ALSO BELIEVE IN ACTION, BUT THIS BILL IS A STUDY BECAUSE

                    WE WANT TO GET THE FACTS AND INFORMATION TO KNOW EXACTLY HOW

                    WIDESPREAD SOME OF THESE CHARGES ARE AND HOW SIGNIFICANT THE COSTS

                    ARE.  AND SO THE BILL, I MEAN IT SAYS WHAT SHOULD BE IN THE STUDY,

                    INCLUDING HOW THE FEES ARE DETERMINED, THE AMOUNTS OF THE FEES, AND

                    OTHER -- OTHER RELEVANT INFORMATION.

                                 MR. FITZPATRICK:  SO BASED ON -- BASED ON THE

                    NUMBER OF THE HOUSING UNITS, RENTAL UNITS WE HAVE IN THE CITY OF NEW

                    YORK, YOU KNOW, FOR THIS BILL TO WHICH IT APPLIES, ARE WE LOOKING AT IS IT

                    -- WOULD TEN PERCENT TRIGGER ACTION BY YOU, 20 PERCENT, 50; WHAT ARE

                    YOU -- WHAT ARE YOU LOOKING FOR HERE, WHERE DO YOU SEE A PROBLEM?

                    I'VE READ NOTHING IN THE PRESS ABOUT -- OR THE BUSINESS PRESS OR THE REAL

                    ESTATE PRESS ABOUT THIS BEING A PROBLEM.  THE CODE IS PRETTY SPECIFIC

                    ABOUT WHAT CAN BE CHARGED AND FOR HOW LONG, AND HOW MANY TIMES IN A

                    30-YEAR PERIOD.  IT SEEMS TO ME THERE'S A, YOU KNOW, SOLUTION LOOKING

                    FOR A PROBLEM HERE.

                                 MR. DINOWITZ:  NO, WE HAVE A PROBLEM THAT NEEDS

                    A SOLUTION.  THE -- THE ISSUES THAT WE ADDRESSED THREE YEARS AGO IN THE

                    LEGISLATION WHICH I THINK WAS AMONG THE MOST IMPORTANT PIECES OF

                    LEGISLATION WE PASSED IN A LONG TIME --

                                         148



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 MR. FITZPATRICK:  BUT WE SOLVED THAT PROBLEM.

                                 MR. DINOWITZ:  -- DEALT WITH CERTAIN INCREASES.  IT

                    DIDN'T DEAL WITH THIS.  SO STATE HOUSING, HCR, FORMERLY DHCR, THEY

                    PUT OUT REGULATIONS, IT'S NOT -- IT'S THEIR REGULATIONS THAT DICTATE WHAT CAN

                    BE DONE AND WHAT CAN'T BE DONE.  AND SO LANDLORDS, OF COURSE, TAKE FULL

                    ADVANTAGE OF WHAT THEY'RE ALLOWED TO DO, AND WE WANT TO MAKE SURE WE

                    KNOW WHAT'S GOING ON.

                                 MR. FITZPATRICK:  OKAY.  VERY GOOD.  JEFF, THANK

                    YOU VERY MUCH.

                                 MR. SPEAKER, ON THE BILL.

                                 MR. DINOWITZ:  THAT'S IT?

                                 MR. FITZPATRICK:  THAT'S IT.

                                 MR. DINOWITZ:  OKAY.

                                 ACTING SPEAKER ZEBROWSKI:  ON THE BILL.

                                 MR. FITZPATRICK:  MR. SPEAKER, MY ESTEEMED

                    COLLEAGUE AND DEAR FRIEND IS A VERY CAGEY VETERAN OF THE RENTAL, YOU

                    KNOW, THE RENTAL WARS OVER THE YEARS, AND WE'VE ENJOYED OUR DEBATES,

                    BUT I REALLY THINK HE'S REACHING FOR STRAWS WITH THIS BILL.  YES, BACK IN

                    2019 WE HAD A LOT OF -- MADE A LOT OF CHANGES TO THE RENTAL LAWS HERE IN

                    THE STATE OF NEW YORK, ESPECIALLY IN THE CITY OF NEW YORK.  SOME

                    PROBLEMS WERE NOT QUITE AS BAD AS I THINK THE SPONSOR MADE THEM OUT

                    TO BE, BUT THEY WERE CORRECTED NONETHELESS.

                                 IN THIS SITUATION, WE HAVE VERY SPECIFIC AND A VERY

                    SPECIFIC ADMINISTRATIVE CODE IN THE CITY OF NEW YORK THAT OUTLINES

                    WHAT CAN BE CHARGED, OR HOW MUCH FOR HOW LONG.  THERE IS NO

                                         149



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    EVIDENCE OUT THERE THAT THERE'S A PROBLEM OR A GROWING PROBLEM WITH

                    THESE CHARGES; HOWEVER, IF YOU WANT TO STUDY THEM, FINE.  SOME POOR

                    SOUL AT DHCR IS GOING TO DRAW THE SHORT STRAW AND HAVE TO CONDUCT

                    THIS STUDY, WASTE A LOT OF HIS TIME, WASTE A LOT OF RESOURCES AND

                    PROBABLY NOT FIND A PROBLEM AT ALL.  WHICH IS I THINK, I THINK IS WHAT'S

                    GOING TO HAPPEN HERE.

                                 SO BE THAT AS IT MAY, THIS IS A BILL, IN MY OPINION, THAT

                    IS NOT NECESSARY, THAT IS LOOKING FOR A PROBLEM THAT IF IT EXISTS AT ALL

                    MAY BE A MINOR PROBLEM AT WORST, BUT I DON'T THINK IS A PROBLEM AT ALL

                    AND I WOULD STRONGLY URGE MY COLLEAGUES TO CONSIDER A NO VOTE.  SAVE

                    THIS POOR SOUL AT DHCR FROM DOING THIS JOB AND SAVE THE TIME AND

                    EXPENSE.

                                 ACTING SPEAKER ZEBROWSKI:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON ASSEMBLY BILL 1194-A.  THIS IS A PARTY VOTE.  ANY

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

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

                    NUMBERS PREVIOUSLY PROVIDED.

                                 MR. GOODELL.

                                 MR. GOODELL:  THANK YOU, SIR.  THE REPUBLICAN

                    CONFERENCE IS GENERALLY OPPOSED FOR THE REASONS MENTIONED BY MY

                    COLLEAGUE.  AS YOU MENTIONED, IF YOU WANT TO VOTE IN FAVOR OF IT, DO SO

                    HERE ON THE FLOOR OR BY CONTACTING THE MINORITY LEADER'S OFFICE.  THANK

                                         150



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    YOU, SIR.

                                 ACTING SPEAKER ZEBROWSKI:  MRS.

                    PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  THE MAJORITY CONFERENCE IS GENERALLY GOING TO BE IN FAVOR OF

                    THIS PIECE OF LEGISLATION; HOWEVER, THERE MAY BE SOME COLLEAGUES WHO

                    ARE NOT IN THE CHAMBERS WITH US TODAY THAT WOULD BE INTERESTED IN

                    BEING AN EXCEPTION.  THEY SHOULD PLEASE FREE TO CONTACT THE MAJORITY

                    LEADER'S OFFICE AND I'M SURE THEIR VOTE WILL BE PROPERLY RECORDED.

                    THANK YOU, SIR.

                                 ACTING SPEAKER ZEBROWSKI:  THANK YOU.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 PAGE 10, RULES REPORT NO. 293, THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A03495-B, RULES

                    REPORT NO. 293, KIM.  AN ACT TO AMEND THE LABOR LAW, IN RELATION TO

                    STUDENT LOAN REPAYMENT INFORMATION.

                                 ACTING SPEAKER ZEBROWSKI:  MR. GOODELL.

                                 MR. GOODELL:  THANK YOU, SIR.

                                 ON THE BILL.

                                 ACTING SPEAKER ZEBROWSKI:  ON THE BILL.

                                 MR. GOODELL:  AS WITH MANY BILLS WE HAVE, THIS

                    BILL HAS MULTIPLE PARTS.  THE FIRST PART, WHICH IS A GREAT PART AND I

                                         151



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    COMMEND THE SPONSOR, WOULD REQUIRE THE DEPARTMENT OF LABOR IN

                    CONSULTATION WITH THE COMMISSIONER OF HIGHER EDUCATION TO DEVELOP A

                    PAMPHLET TO HELP STUDENTS FIGURE OUT HOW TO REPAY THEIR STUDENT LOANS,

                    WHAT OPTIONS MIGHT BE AVAILABLE, WHAT PROGRAMS MIGHT BE AVAILABLE TO

                    HELP.  AND I THINK THAT'S A GREAT IDEA AND I THINK IT COULD BE VERY

                    HELPFUL FOR OUR STUDENTS.

                                 THE CONCERN I HAVE IS IN PARAGRAPH TWO WHICH

                    REQUIRES EVERY EMPLOYER IN NEW YORK STATE TO PROVIDE THAT

                    INFORMATION TO THEIR EMPLOYEES UPON REQUEST, EVERY SINGLE EMPLOYER.

                    NOW, I'M NOT QUITE SURE WHY WE WANT TO BURDEN OUR EMPLOYERS WITH

                    MORE RESPONSIBILITIES AND OBLIGATIONS AT A TIME WHEN OUR EMPLOYERS

                    ARE STRUGGLING TO RECOVER FROM COVID.  AND IT'S NOT THE EMPLOYER THAT

                    WAS INVOLVED IN THE STUDENT GETTING A STUDENT LOAN.  SO WHAT WE SAY TO

                    EMPLOYERS, IF YOU HIRE A STUDENT THAT MIGHT HAVE STUDENT LOANS, WE'RE

                    GOING TO IMPOSE ONE MORE REQUIREMENT ON YOU.

                                 SO IT'S A GREAT IDEA TO PROVIDE INFORMATION TO STUDENTS,

                    AND I THINK IT'S A GREAT IDEA TO ENCOURAGE STUDENTS TO GET ON THE

                    DEPARTMENT OF LABOR'S WEBPAGE AND TALK TO THEIR BANK ABOUT ALL THE

                    OPTIONS THAT ARE AVAILABLE.  I JUST DON'T THINK IT'S A GREAT IDEA TO REQUIRE

                    EVERY SINGLE EMPLOYER IN THE STATE OF NEW YORK TO HAVE TO LOOK UP

                    STUDENT LOAN REPAYMENT INFORMATION FOR THEIR EMPLOYEES UPON REQUEST.

                    IT'S NOT THEIR EMPLOYER'S RESPONSIBILITY.  NEW YORK HAS THE DUBIOUS

                    DISTINCTION OF HAVING SOME OF THE HIGHEST REGULATIONS AND BURDENS ON

                    EMPLOYERS, WE DON'T NEED TO ADD MORE.  SO LET'S ENCOURAGE STUDENTS TO

                    REACH OUT ON THEIR OWN, GET THE INFORMATION THEY NEED, AND LET'S

                                         152



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    ENCOURAGE EMPLOYERS TO HIRE STUDENTS THAT MIGHT HAVE STUDENT LOANS

                    AND NOT IMPOSE MORE BURDENS ON THEM IF THEY SHOULD HIRE SUCH A

                    STUDENT.

                                 SO AGAIN, I COMMEND THE SPONSOR FOR PARAGRAPH ONE,

                    GREAT IDEA, NOT SO HAPPY ABOUT PARAGRAPH TWO.  MAYBE IF WE GET TIME

                    WE CAN TWEAK THIS BILL IN THE FUTURE.  THANK YOU, SIR.

                                 ACTING SPEAKER ZEBROWSKI:  READ THE LAST

                    SECTION.

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

                    DAY.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON ASSEMBLY BILL 3495-B.  THIS IS A PARTY VOTE.  ANY

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

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

                    NUMBERS PREVIOUSLY PROVIDED.

                                 MR. GOODELL.

                                 MR. GOODELL:  THANK YOU, SIR.  THE REPUBLICAN

                    CONFERENCE IS GENERALLY OPPOSED TO THIS MANDATE, BUT THOSE WHO

                    SUPPORT IT, CERTAINLY UNDERSTAND WHY, CAN VOTE IN FAVOR HERE ON THE

                    FLOOR OR BY CONTACTING THE MINORITY LEADER'S OFFICE.  THANK YOU, SIR.

                                 ACTING SPEAKER ZEBROWSKI:  THANK YOU.

                                 MRS. PEOPLES-STOKES.

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

                    MAJORITY CONFERENCE IS GENERALLY GOING TO BE IN FAVOR OF THIS PIECE OF

                    LEGISLATION; HOWEVER, THERE MAY BE THOSE WHO WOULD LIKE TO BE AN

                                         153



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    EXCEPTION.  THEY SHOULD FEEL FREE TO CALL THE MAJORITY LEADER'S OFFICE IF

                    THEY'RE NOT IN CHAMBERS AND WE WILL RECORD THEIR VOTE AND WE'LL MAKE

                    SURE IT HAPPENS.  THANK YOU, SIR.

                                 ACTING SPEAKER ZEBROWSKI:  THANK YOU.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. KIM TO EXPLAIN HIS VOTE.

                                 MR. KIM:  THANK YOU, MR. SPEAKER.  THE STUDENT

                    DEBT CRISIS TOUCHES ALL COMMUNITIES IN THE STATE OF NEW YORK AND THIS

                    COUNTRY, WE READ ABOUT IT EVERY SINGLE DAY.  THERE'S $1.5 TRILLION, WE'RE

                    THE ONLY COUNTRY THAT HAS THIS TYPE OF DEBT ANYWHERE IN THE WORLD.  WE

                    NEED TO DO A LOT MORE TO CONNECT THE DOTS AND HELP STUDENTS GET OUT OF A

                    LIFETIME OF DEBT, AND THIS ISN'T CHARITY, THIS ISN'T SYMPATHY, THIS IS JUST

                    GOOD ECONOMICS BECAUSE ON AVERAGE, WITH STUDENT DEBT IN NEW YORK

                    HAS REACHED $1,000 OF DEBT, AND THE DEBT MONEY CAN BE SPENT

                    OTHERWISE IF WE HELP THEM WRITE DOWN OR RE -- REFINANCE OR DO A BETTER

                    JOB WITH PAYMENTS.  YOU KNOW, THIS IS MONEY THAT COULD BE SPENT

                    TOWARD BUILDING A HOME, BUYING AN AUTOMOBILE, WHATEVER, YOU KNOW,

                    TO -- THAT WILL BE -- THAT WILL BE REINVESTED IN OUR COMMUNITIES.

                                 THIS BILL, AT REQUEST, YOU KNOW, REQUIRES THE EMPLOYER

                    TO SHARE INFORMATION ABOUT REPAYMENT OPTIONS THAT'S ALREADY DONE BY

                    DFS, DEPARTMENT OF EDUCATION, DEPARTMENT OF LABOR ON THEIR WEBSITE.

                    IT'S BASICALLY A REFERRAL TO THE WORK THAT'S ALREADY DONE BY THE STATE.

                    WHEN PEOPLE GO TO A NEW JOB, THEY GET BENEFITS, THEY GET TRANSPORTATION

                    OPTIONS, ALL SORTS OF INFORMATION TO BE SHARED TO THEM UPON REQUEST.

                    WE'RE JUST ASKING THE EMPLOYER TO REFER THEM TO THE WEBSITE THAT'S

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                    NYS ASSEMBLY                                                        MAY 31, 2022

                    ALREADY DONE ALL THE WORK TO HELP THEM GUIDE THROUGH PAYING BACK

                    THEIR STUDENT DEBT.  THAT'S WHY WE SHOULD SUPPORT THIS BILL.  THANK YOU

                    SO MUCH, MR. SPEAKER.

                                 ACTING SPEAKER ZEBROWSKI:  MR. KIM IN THE

                    AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 PAGE 11, RULES REPORT NO. 299, THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A06246-C, RULES

                    REPORT NO. 299, PAULIN, GRIFFIN, KELLES, ENGLEBRIGHT, FAHY, LUPARDO,

                    OTIS, WOERNER, HEVESI, SIMON, STIRPE, GONZÁLEZ-ROJAS, BRONSON,

                    SEAWRIGHT, WALLACE, BYRNE, THIELE, B. MILLER, JEAN-PIERRE, REYES,

                    COLTON, TAGUE, ZEBROWSKI, LUCAS, BRABENEC, FITZPATRICK.  AN ACT TO

                    AMEND THE AGRICULTURE AND MARKETS LAW, IN RELATION TO STANDARDS OF

                    CARE FOR ANIMALS HELD IN, OR BEING TRANSPORTED BY, ANIMAL SHELTERS; TO

                    AMEND THE GENERAL BUSINESS LAW, IN RELATION TO PET DEALERS; TO AMEND

                    THE STATE FINANCE LAW, IN RELATION TO ESTABLISHING AN ANIMAL SHELTER

                    REGULATION FUND; AND TO REPEAL CERTAIN PROVISIONS OF THE AGRICULTURE

                    AND MARKETS LAW RELATING TO PET DEALERS.

                                 ACTING SPEAKER ZEBROWSKI:  ON A MOTION BY

                    MS. PAULIN, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.  AN EXPLANATION HAS BEEN REQUESTED, MS. PAULIN.

                                 MS. PAULIN:  THIS BILL WOULD CREATE COMPREHENSIVE

                    STANDARDS OF CARE FOR MUNICIPAL SHELTERS, NOT-FOR-PROFIT HUMANE

                                         155



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    SOCIETIES, SPCAS, AND ANIMAL SHELTERS, AND NOT-FOR-PROFIT ANIMAL

                    RESCUES.

                                 ACTING SPEAKER ZEBROWSKI:  MR. TAGUE.

                                 MR. TAGUE:  WOULD THE SPONSOR YIELD FOR SOME

                    QUESTIONS, PLEASE?

                                 ACTING SPEAKER ZEBROWSKI:  MS. PAULIN,

                    WILL YOU YIELD?

                                 MS. PAULIN:  I'D BE HAPPY TO.

                                 ACTING SPEAKER ZEBROWSKI:  THE SPONSOR

                    YIELDS.

                                 MR. TAGUE:  THANK YOU, MS. PAULIN.  CAN YOU FIRST

                    OF ALL TELL ME WHERE DID THE STANDARDS IN THIS LEGISLATION COME FROM?

                                 MS. PAULIN:  ABSOLUTELY.  THE STANDARDS ARE BASED

                    ON THE ASSOCIATION OF SHELTER VETERINARIAN'S 2010 GUIDELINES FOR

                    STANDARDS OF CARE IN ANIMAL SHELTERS.

                                 MR. TAGUE:  AND HAS THE SHELTERING COMMUNITY

                    BEEN CONSULTED ON THIS LEGISLATION, AND IF SO, WHAT -- DO YOU KNOW WHAT

                    THEIR POSITION IS?

                                 MS. PAULIN:  THE SHELTER COMMUNITY HAS BEEN

                    ACTIVELY INVOLVED IN THIS LEGISLATION, I BELIEVE WATCHING IT RIGHT NOW ON

                    ZOOM OR WHATEVER THEY GET TO WATCH IT ON, AND VERY EXCITED ABOUT

                    CREATING STANDARDS IN NEW YORK STATE.

                                 MR. TAGUE:  THANK YOU.  NOW, HOW DOES THE

                    COMPANION -- ANIMAL CAPITAL FUND HELP SHELTERS AND RESCUES IMPLEMENT

                    FACILITY STANDARDS THAT IS CALLED FOR IN THIS LEGISLATION?

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                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 MS. PAULIN:  THE -- THERE'LL BE A FEE CHARGED, AND

                    THAT WILL BE $150 ANNUALLY, AND THAT FUND THEN WILL BE CREATED TO

                    ADMINISTER THE PROGRAM.  BUT THE LEGISLATION ACTUALLY DOESN'T ONLY LIMIT

                    IT TO THAT.  SO FOR EXAMPLE, I COULD SEE IF THE FUND GREW IT COULD

                    ACTUALLY HELP SHORE UP SOME OF THE ANIMAL SHELTERS PERHAPS THAT ARE IN

                    NEED.

                                 MR. TAGUE:  AND WHERE DOES THE MAJORITY OF THEIR

                    FUNDING COME FROM?

                                 MS. PAULIN:  THE MAJORITY OF FUNDING FOR THIS FUND

                    THAT WE'RE CREATING?

                                 MR. TAGUE:  YES, FOR THE -- WHERE WILL THE MAJORITY

                    OF THAT FUNDING COME FROM, FROM THE MONEY THAT YOU JUST SPOKE ABOUT?

                                 MS. PAULIN:  FROM THE SHELTERS THEMSELVES.

                                 MR. TAGUE:  OKAY, OKAY.  ARE THERE ANY

                    ORGANIZATIONS OUT THERE THAT ARE GOING TO HELP THE SHELTERS AND RESCUES

                    BE PREPARED FOR THESE NEW STANDARDS?

                                 MS. PAULIN:  I'M SORRY, JUST -- WHAT DID YOU SAY?

                                 MR. TAGUE:  ARE THERE ANY ORGANIZATIONS OUT RIGHT

                    NOW THAT ARE GOING TO HELP SOME OF OUR SHELTERS AND RESCUES BE

                    PREPARED FOR THE NEW STANDARDS, BECAUSE I'M SURE THERE ARE --

                                 MS. PAULIN:  YES.

                                 MR. TAGUE:  OKAY.

                                 MS. PAULING:  THE SHELTER COMMUNITY IS PLANNING

                    ON BEING VERY ACTIVE TO HELP EACH OTHER.

                                 MR. TAGUE:  NOW, WHAT WILL HAPPEN IF A LOCAL

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                    NYS ASSEMBLY                                                        MAY 31, 2022

                    SHELTER CAN'T MEET THE REQUIREMENTS?

                                 MS. PAULIN:  SO IF THERE'S A VIOLATION THEN THE

                    DEPARTMENT OF AGS AND MARKETS WILL COME IN AND ITEMIZE EXACTLY

                    WHAT THOSE THINGS ARE THAT THEY ARE VIOLATING AND HOW THEY NEED TO

                    CORRECT THEM.  AND THEY GET QUITE A LOT OF TIME; IN FACT, IT'S NOT

                    SPECIFIED HOW MUCH TIME, NOR HOW MANY VIOLATIONS IT WOULD TAKE,

                    FRANKLY, FOR IT TO GO BEYOND THAT STAGE.  SO I THINK IT'S ANTICIPATED THAT AT

                    FIRST THERE'S GOING TO BE A LEARNING CURVE ON THE PART OF THE SHELTERS TO

                    GET UP TO SPEED ON A LOT OF THE STANDARDS THAT WE'RE CREATING, AND THERE

                    WILL BE AN ABILITY FOR THOSE SHELTERS TO CORRECT THOSE PROBLEMS.

                                 MR. TAGUE:  NOW, LET'S SAY WE HAVE AN ISSUE AND

                    THE SHELTER IS SHUT DOWN - THIS IS ONE OF MY MAJOR CONCERNS AS

                    SOMEBODY WHO IS AN ANIMAL LOVER - WHAT WILL HAPPEN TO THOSE

                    ANIMALS?

                                 MS. PAULIN:  SO RIGHT NOW THERE ARE ANIMAL SHELTERS

                    THAT HAVE SHUT DOWN AND BECAUSE THERE IS SUCH A LARGE NETWORK OF

                    SHELTERS, THOSE ANIMALS ARE USUALLY, OR OFTEN OR ALWAYS TAKEN BY OTHER

                    SHELTERS.  SO IF IT'S A SHELTER THAT HAPPENS TO BE A SHELTER THAT HAS

                    CONTRACTS WITH A MUNICIPALITY, THE MUNICIPALITY WOULD HAVE TO THEN

                    CONTRACT WITH A DIFFERENT SHELTER.  AND -- BUT I DON'T HAVE A CONCERN; IN

                    FACT, QUITE THE OPPOSITE -- YOU KNOW, I DON'T HAVE A CONCERN THAT THOSE

                    ANIMALS WON'T GET TAKEN CARE OF, JUST AS THEY WOULD NOW IF THE SHELTER

                    CLOSED THEIR DOOR, WHICH HAS HAPPENED.

                                 MR. TAGUE:  AND THEN ONE -- ONE LAST QUESTION, MS.

                    PAULIN.  SOME OF MY COLLEAGUES, AS WE HAVE TALKED ABOUT THIS BILL,

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                    NYS ASSEMBLY                                                        MAY 31, 2022

                    HAVE QUESTIONED WHETHER THIS IS JUST ANOTHER ERRONEOUS MANDATE ON

                    LOCAL GOVERNMENT.  WOULD YOU -- WOULD YOU AGREE WITH THAT STATEMENT

                    OR DISAGREE, AND IF YOU DISAGREE PLEASE TELL ME DIFFERENTLY.

                                 MS. PAULIN:  SO YOU DON'T OFTEN HAVE A SITUATION

                    WHERE THOSE PEOPLE WHO ARE GOING TO HAVE TO DO THE MANDATE WANT THE

                    MANDATE, AND WE HAVE THAT HERE.  IT IS THE SHELTERS THEMSELVES THAT

                    CAME TO US AND SAID, WE WANT TO HAVE TO ENSURE -- TO MAKE SURE THAT

                    DOGS AND CATS ARE TREATED HUMANELY, SAFELY, AND WE CAN ONLY DO THAT IF

                    WE COLLECTIVELY OUTLINE WHAT THOSE STANDARDS SHOULD BE.  SO IT'S A

                    MANDATE, YES, BUT IT'S A MANDATE THAT THE SHELTERS THEMSELVES WANT.

                    AND AS FAR AS THE MUNICIPALITIES, THERE ARE MUNICIPAL SHELTERS, THERE'S

                    123 OF THEM IN NEW YORK STATE.  THOSE SHELTERS ARE PART OF THE SAME

                    NETWORK OF SHELTERS, SO COLLECTIVELY THEY WANT THESE STANDARDS SET IN

                    LAW SO THAT PEOPLE CAN FEEL MOST COMFORTABLE ABOUT WHERE THEIR DOGS

                    AND CATS WOULD LAND IF THEY WERE LOST IN THE STREET OR WHAT HAVE YOU.

                                 MR. TAGUE:  WELL, MS. PAULIN, I JUST WANT TO SAY

                    THANK YOU.  THANK YOU FOR ANSWERING MY QUESTIONS AND MY CONCERNS.

                    I AM GOING TO BE SUPPORTING YOUR BILL AND WANT TO COMMEND YOU FOR

                    BRINGING IT TO THE FLOOR.  AND I'M GOING TO CLOSE WITH THAT AND THANK

                    YOU, MR. SPEAKER, FOR THE OPPORTUNITY TO DEBATE WITH MS. PAULIN.

                                 MS. PAULIN:  AND I WILL JUST CLOSE WITH THERE'S NO

                    FARMS INVOLVED.

                                 (LAUGHTER)

                                 MR. TAGUE:  YOU KNOW, I WAS GOING TO SAY THAT

                    EARLIER, THIS IS THE FIRST TIME WE HAVE DEBATED, BUT WE COULD ARGUE THAT

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                    NYS ASSEMBLY                                                        MAY 31, 2022

                    SOME OF THE ANIMALS MAY BE FROM THE FARM.

                                 MS. PAULIN:  ONLY IF THEY'RE DOGS AND CATS.

                                 MR. TAGUE:  BUT IT'S ALWAYS AN HONOR AND A

                    PLEASURE TO RESPECTFULLY DEBATE WITH YOU, AND ON THIS ONE I'M GOING TO

                    BE SUPPORTING YOU AND -- WITH YOUR BILL.  I APPRECIATE IT, THANK YOU.

                                 ACTING SPEAKER ZEBROWSKI:  MS. BYRNES.

                                 MS. BYRNES:  THANK YOU.  WILL THE SPONSOR YIELD?

                                 ACTING SPEAKER ZEBROWSKI:  WILL THE

                    SPONSOR YIELD?

                                 MS. PAULIN:  YES.

                                 ACTING SPEAKER ZEBROWSKI:  THE SPONSOR

                    YIELDS.

                                 MS. BYRNES:  NORMALLY -- A WEEK AGO I WOULD HAVE

                    HAD NO QUESTION WHATSOEVER ABOUT THIS BILL, BUT WITH ALL DUE RESPECT, I

                    DO WANT TO LAY OUT A BRIEF SCENARIO AND ASK YOU WHETHER OR NOT THIS

                    GROUP THAT IS IN MY DISTRICT WOULD FALL UNDER THIS.  I ACTUALLY HAVE A

                    VOLUNTEER FIRE DEPARTMENT THAT I WENT FOR A TOUR OF THEIR FIRE DEPARTMENT

                    FACILITIES AND AT THE END OF THE TOUR THEY'RE LIKE, DO YOU WANT TO SEE

                    WHERE WE HAVE THE DOG KENNELS, WHERE WHEN WE FIND ANIMALS, DOGS

                    AND CATS THAT ARE LOST WHERE WE TAKE CARE OF THEM, AND THEY SHOWED

                    ME LITERALLY WHERE THEY BUILT TWO DOG KENNELS, WHERE THEY HAVE BEDS.

                    THEY TOLD ME THAT WHEN THEY FIND ANIMALS, THE VOLUNTEER FIRE

                    DEPARTMENT MEMBERS TAKE THEM OUT FOR WALKS.  ARE WE GOING TO PUT

                    GOOD SAMARITANS LIKE THESE VOLUNTEER FIREMEN IN A POSITION WHERE

                    THEY'RE GOING TO BECOME CLASSIFIED AS A SHELTER, AND IF THEY CAN'T MEET

                                         160



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    THESE REQUIREMENTS THAT A TRAINING AND EVERYTHING ELSE THAT INSTEAD

                    ANIMALS THAT ARE CARED FOR WILL EITHER BE SENT TO AN ARTERY, A LOLLYPOP

                    FARM WHERE MOST OF THEM END UP GETTING KILLED IF THEY CAN'T BE

                    ADOPTED.  HOW DO YOU HANDLE THIS TYPE OF A HYBRID GOOD SAMARITAN

                    TRYING TO DO THE BEST THING?

                                 MS. PAULIN:  I WOULD PROBABLY NEED TO KNOW A

                    LITTLE BIT MORE ABOUT WHETHER THIS WAS THE OPTION THAT THE MUNICIPALITY

                    CHOSE, YOU KNOW, BECAUSE UNDER THE LAW, THE MUNICIPALITY HAS TO

                    CONTRACT OR FIGURE OUT HOW THEY'RE GOING TO TAKE CARE OF ABANDONED

                    DOGS AND CATS.  SO IF THIS IS THE METHOD BY WHICH THEY -- IF THEY'RE

                    CONTRACTING WITH THE FIRE DEPARTMENT, IF THEY'RE CONSIDERING THIS THEIR

                    MUNICIPAL SHELTER --

                                 MS. BYRNES:  NO; OH, NO.  THIS IS JUST THE FIREMEN

                    SET THIS UP IN THEIR OWN FIRE DEPARTMENT, VOLUNTEERS TO SAVE ANIMALS.

                                 MS. PAULIN:  THE LAW IS SO BROAD THAT I DON'T SEE

                    HOW -- IF THEY'RE NOT CLASSIFIED AS A SHELTER, IF THEY'RE NOT CONSIDERING

                    THEMSELVES A SHELTER, IF THEY'RE NOT REGISTERED AS A SHELTER -- RIGHT NOW

                    -- IN 2017 WE DID A LAW THAT REQUIRED THESE SAME ENTITIES TO REGISTER, SO

                    I GUESS THE QUESTION I WOULD ASK THEM IS DID THEY REGISTER AS A SHELTER

                    AND, THEREFORE, WOULD FALL UNDER THIS LAW.  IF THEY DIDN'T REGISTER AS A

                    SHELTER AND THEY'RE JUST DOING THIS AS GOOD SAMARITANS, THEN, YOU KNOW,

                    WE CAN ALL BE GOOD SAMARITANS AND WE WOULDN'T FALL UNDER THIS

                    PROVISION.

                                 MS. BYRNES:  BUT IS THERE SOME ORGANIZATION OUT

                    THERE THAT COULD SAY, WE KNOW THAT THEY'VE GOT TWO KENNELS IN THERE, SO

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                    NYS ASSEMBLY                                                        MAY 31, 2022

                    EVEN IF THEY'RE NOT -- HAVEN'T REGISTERED THEMSELVES, THEY'RE OPERATING

                    AS IF THEY WERE ON AN OCCASIONAL BASIS, AND THEN COME DOWN ON THEM?

                                 MS. PAULIN:  FIRE DEPARTMENTS, YOU KNOW, ARE AN

                    ARM, UNLESS THEY'RE INDEPENDENT, I GUESS, OF THE MUNICIPALITY MOST

                    OFTEN, I DON'T KNOW IN THIS CASE.  I MEAN, AGAIN, AGS AND MARKETS IS

                    GOING TO BE LOOKING AT THOSE SAME REGISTERED SHELTERS.  YOU KNOW, IF

                    THEY'RE OUTSIDE THAT PROVISION OR OUTSIDE THAT -- IF THEY'RE NOT REGISTERED

                    SHELTERS, I DON'T -- I DON'T REALLY THINK THAT THEY'RE GOING TO FALL UNDER

                    THIS.  I MEAN, YOU KNOW, I PROBABLY -- I MEAN, I HATE TO BE STYMIED, BUT

                    I'M HAPPY TO GET BACK TO YOU ON THIS, BUT I'M NOT SURE I KNOW ENOUGH

                    DETAIL ABOUT THIS SPECIFIC --

                                 MS. BYRNES:  NO, AND I WOULD APPRECIATE IT.

                    AGAIN, IF I HADN'T BEEN ON A TOUR FOR AN INDEPENDENT REASON AND THEY

                    WERE SO EXCITED TO SEE ME, TO SHOW ME WHAT THEY HAD DONE WITH THE

                    BACK ROOM --

                                 MS. PAULIN:  I THINK IF IT'S JUST THEY'RE FINDING

                    ABANDONED ANIMALS AND THEY'RE TAKING CARE OF THEM, I DON'T KNOW SEE

                    HOW THAT FALLS UNDER THIS, BUT IF THEY'RE -- THE OFFICIAL SHELTER THAT THE

                    MUNICIPALITY IS USING THEN THEY WOULD.

                                 MS. BYRNES:  NO, ABSOLUTELY NOT.  ALL RIGHT, THANK

                    YOU.

                                 ACTING SPEAKER ZEBROWSKI:  MR. GOODELL.

                                 MR. GOODELL:  THANK YOU.  WOULD THE SPONSOR

                    YIELD?

                                 MS. PAULIN:  YES, OF COURSE.

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                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 ACTING SPEAKER ZEBROWSKI:  THE SPONSOR

                    YIELDS.

                                 MR. GOODELL:  I THINK YOU MENTIONED THERE WERE

                    153 SHELTERS CURRENTLY IN THE STATE OF NEW YORK; IS THAT CORRECT?

                                 MS. PAULIN:  ONE HUNDRED AND ELEVEN

                    NOT-FOR-PROFIT AND 123 MUNICIPAL SHELTERS, SO THERE'S MORE.

                                 MR. GOODELL:  ONE HUNDRED AND ELEVEN

                    NOT-FOR-PROFIT.

                                 MS. PAULIN:  YEAH.

                                 MR. GOODELL:  AND 123 MUNICIPAL.

                                 MS. PAULIN:  YEAH.

                                 MR. GOODELL:  SO ROUGHLY 234.

                                 MS. PAULIN:  YES.

                                 MR. GOODELL:  IS IT -- IS IT YOUR VIEW THAT THE 234

                    ANIMAL SHELTERS THAT WE HAVE NOW ARE NOT OPERATING IN AN APPROPRIATE

                    MANNER?

                                 MS. PAULIN:  I THINK PROBABLY MOST ARE.  MANY

                    MIGHT NOT EVEN BE AWARE OF SOME OF THE STANDARDS THAT ARE CONSIDERED

                    THE STATE-OF THE-ART STANDARDS, SO -- WHICH IS WHY I THINK THEY'RE GOING

                    TO HAVE A LEARNING CURVE.  SOME ARE, BUT FOR THOSE THAT DON'T MEET ALL OF

                    THOSE -- OR THE PROVISIONS THAT WE HAVE OUTLINED, THEY'RE GOING TO NEED

                    SOME HELP AND GUIDANCE TO GET UP TO SNUFF.

                                 MR. GOODELL:  DO YOU HAVE AN ESTIMATE OF HOW

                    MANY YOU BELIEVE DO NOT MEET THESE STANDARDS CURRENTLY?

                                 MS. PAULIN:  I THINK THAT, YOU KNOW, WHAT WE HEAR

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                    NYS ASSEMBLY                                                        MAY 31, 2022

                    FROM THE SHELTERS THEMSELVES IS THAT, AGAIN, THEY BELIEVE MOST ARE AND

                    THAT, YOU KNOW, WITH SOME TWEAKING OR SOME HELP THEY'RE GOING TO --

                    THE REST OF THEM WILL BE.  SO I DON'T HAVE THE EXACT NUMBER, BUT, YOU

                    KNOW, I'M NOT THAT CONCERNED BASED ON THE CONVERSATIONS WE'VE HAD

                    FROM THE ORGANIZATION.

                                 MR. GOODELL:  YOU MENTIONED THERE'S $150

                    ANNUAL LICENSING FEE AND THAT GOES INTO A FUND DESIGNED TO BASICALLY

                    ENFORCE THIS PROVISION.  IS THERE ANY - EXCUSE ME - IS THERE ANY OTHER

                    STATE FUNDING AVAILABLE?

                                 MS. PAULIN:  THAT'S UP TO US, YOU KNOW, GOING

                    FORWARD AND, OF COURSE, THE SHELTERS THEMSELVES ARE PAID BY

                    MUNICIPALITIES WHEN THEY HAVE THOSE CONTRACTS SO THEY -- THEY GET

                    REVENUE TO SUPPORT THEMSELVES, THEY FUNDRAISE.  THERE WILL BE, YOU

                    KNOW, IF WE FEEL THAT WE HAVE A PROBLEM THEN IT'S CERTAINLY UP TO US IN

                    THE STATE GOVERNMENT TO PUT SOME INITIAL MONEY IN THE FUND IF WE

                    BELIEVE BY THE TIME -- YOU KNOW, THEY HAVE THREE YEARS TO GET THERE.  SO

                    IF DURING THOSE THREE YEARS WE'RE HEARING THAT, YOU KNOW, THERE NEEDS TO

                    BE SOME RESOURCES TO HELP SOME OF THE SHELTERS GET TO THE STANDARDS THAT

                    WE HAVE OUTLINED WHICH, AGAIN, ARE STANDARDS THAT MOST STATES, MANY

                    STATES, A SIGNIFICANT NUMBER OF STATES HAVE ALREADY IMPLEMENTED AND

                    THAT HAVE BEEN OUT THERE SINCE 2010 THAT, YOU KNOW, WE WILL HAVE AN

                    OPPORTUNITY TO SHORE UP THE SHELTERS.

                                 MR. GOODELL:  BUT AS IT STANDS NOW, THERE'S

                    NOTHING IN THIS YEAR'S BUDGET AND NOTHING IN THIS LEGISLATION THAT WOULD

                    PROVIDE STATE FUNDING; IS THAT CORRECT?

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                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 MS. PAULIN:  WELL, THERE'S CAPITAL FUNDS, YOU KNOW,

                    THAT WERE -- THAT WE PUT IN THE BUDGET, YOU KNOW, TO --

                                 MR. GOODELL:  HOW MUCH WAS THAT?

                                 MS. PAULIN:  TWENTY MILLION DOLLARS SINCE 2017.

                                 MR. GOODELL:  AND THAT'S BEEN EVERY YEAR?

                                 MS. PAULIN:  YEAH.

                                 MR. GOODELL:  SO IN OTHER WORDS, WITHOUT THESE

                    STANDARDS, FUNDING THAT WE PROVIDE IS ALREADY BEING USED, CORRECT?

                                 MS. PAULIN:  YEAH, IT SAYS -- I HAVE ON MY CHEAT

                    SHEET HERE, 41 PROJECTS HAVE BEEN AWARDED, AMONG THOSE, 20 PROJECTS

                    HAVE BEEN FULLY COMPLETED.

                                 MR. GOODELL:  DO MUNICIPALITIES HAVE A STATUTORY

                    DUTY TO HOUSE THESE ANIMALS?

                                 MS. PAULIN:  THEY DO.  THEY HAVE A STATUTORY DUTY

                    TO DEAL WITH ABANDONED ANIMALS, THEY HAVE TO HAVE A METHOD FOR DOING

                    THAT.  THEY USUALLY CONTRACT OUT, IF THEY DON'T HAVE A MUNICIPAL SHELTER,

                    WITH A NOT-FOR-PROFIT.

                                 MR. GOODELL:  DO THEY HAVE ANY MANDATORY DUTY

                    TO AVOID EUTHANASIA AFTER THE REDEMPTION PERIOD?

                                 MS. PAULIN:  TO WHAT?

                                 MR. GOODELL:  TO AVOID EUTHANIZING PETS AFTER THE

                    REDEMPTION PERIOD?

                                 MS. PAULIN:  I THINK IT'S OUR GOAL THAT, YOU KNOW,

                    THIS BILL WILL HELP IMPROVE AND MAKE SURE THAT FEWER ANIMALS ARE

                    ACTUALLY EUTHANIZED BECAUSE, YOU KNOW, WHAT CAUSES PROBLEMS IS

                                         165



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    OVERCROWDING, DISEASE THAT CAN PERMEATE A SHELTER WHEN ANIMALS ARE

                    TOO CLOSE TOGETHER OR CAN'T BE SEPARATED.  SO THERE'S PROBABLY, WE'RE

                    GOING TO SAVE ANIMALS, YOU KNOW, BY HAVING THESE STANDARDS.

                                 MR. GOODELL:  I CERTAINLY HOPE SO.  THANK YOU,

                    MS. PAULIN.

                                 ON THE BILL.

                                 ACTING SPEAKER ZEBROWSKI:  ON THE BILL.

                                 MR. GOODELL:  THIS LEGISLATION GOES ON FOR TEN OR

                    15 PAGES, I FORGET THE EXACT NUMBER, ABOUT DETAILING THE STATUTORY

                    REQUIREMENTS FOR HOUSING ANIMALS AT POUNDS, THESE WOULD BE FERAL CATS,

                    FOR EXAMPLE, OR DOGS THAT WERE LOST OR ABANDONED OR OTHERWISE PICKED

                    UP BY A MUNICIPALITY.  AND BY AND LARGE, I THINK ALL OF US AGREE THAT WE

                    CERTAINLY WANT ALL THESE ANIMALS TO BE TREATED AS BEST AS POSSIBLE.  AND

                    SO FOR THAT, I COMMEND THE SPONSOR.

                                 THE CONCERN I HAVE IS THAT WHEN WE IMPOSE EXTENSIVE

                    STATUTORY REQUIREMENTS ON POUNDS, THERE ARE SOME POUNDS THAT ALREADY

                    MEET THEM, AS MENTIONED BY MY COLLEAGUE, AND THERE ARE SOME THAT

                    DON'T.  AND SO THE QUESTION THEN IS WHAT HAPPENS TO THOSE WHO DON'T

                    MEET THESE CRITERIA?  WELL, THEY CAN EITHER BRING IT IN LINE OR CLOSE, AND

                    IF THEY CLOSE, WHAT HAPPENS?  WELL, EITHER OTHER POUNDS EXPAND OR THEY

                    DON'T.  AND IF THEY DON'T, WHAT HAPPENS?

                                 AND SO THE PROBLEM IS WHEN YOU FOLLOW THIS, YOU

                    CONNECT ALL THE DOTS AND SAY, OKAY, WE MAKE IT MUCH MORE EXPENSIVE,

                    MUCH HIGHER QUALITY CARE, MUCH MORE EXPENSIVE, BUT IF THE

                    MUNICIPALITIES AREN'T WILLING TO UP THE ANTE AND PAY MORE, OR THE

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                    NYS ASSEMBLY                                                        MAY 31, 2022

                    NOT-FOR-PROFITS AREN'T WILLING OR ABLE TO RAISE THE FUNDS AND WE'RE NOT

                    PROVIDING ANY ADDITIONAL ASSISTANCE OVER WHAT WE HAVE BEEN DOING

                    SINCE 2017, THEN I'LL TELL YOU WHAT HAPPENS.  AND YOU ALL KNOW IT.

                    WHAT HAPPENS IS THESE ANIMALS GET EUTHANIZED.  SO IT WOULD BE

                    INTERESTING, WOULDN'T IT, IF WE CAN ONLY POLL THE ANIMALS.  IF YOU HAD A

                    CHOICE, WOULD YOU LIKE TO LIVE IN THE RITZ CARLTON OR FACE A HIGHER RISK

                    OF BEING KILLED, OR WOULD YOU RATHER LIVE IN A CHEAPER HOTEL WHERE YOU

                    COULD LIVE AS LONG AS YOU WANT?  IT'D BE AN INTERESTING POLL, WOULDN'T IT?

                                 I'M MINDFUL THAT THE STATE, IN ITS WISDOM, DRAMATICALLY

                    INCREASED THE REQUIREMENTS FOR EMTS.  AND, YOU KNOW, IF WE CALL FOR

                    AN EMT BECAUSE WE'RE HAVING A MEDICAL EMERGENCY, OF COURSE WE

                    WANT A HIGHLY QUALIFIED EMT TO SHOW UP.  THE PROBLEM IS, THOSE

                    STANDARDS BECAME SO HIGH AND SO DIFFICULT AND SO EXPENSIVE THAT MANY

                    RURAL AREAS OF OUR COUNTY AND OUR STATE, YOU CAN'T GET AN EMT TO

                    RESPOND, THEY JUST DON'T EXIST ANYMORE.  IF YOU GET -- IF YOU'RE INJURED IN

                    MY COUNTY, YOU BETTER HOPE YOUR SPOUSE WILL DRIVE YOU TO THE

                    EMERGENCY ROOM BECAUSE OTHERWISE YOU MIGHT BE WAITING 15, 20

                    MINUTES FOR MUTUAL AID TO TRY TO FIND AN EMT.

                                 AND SO MY CONCERN WITH THIS BILL IS I ABSOLUTELY

                    SUPPORT ALL THOSE STANDARDS THAT ARE IN THE BILL, I THINK THEY'RE GREAT, I

                    LOVE THEM, BUT WITHOUT FUNDING WE'RE GOING TO SEE A WHOLE BUNCH MORE

                    ANIMALS EUTHANIZED.  AND I'M NOT SURE EVEN THE ANIMALS WOULD PREFER

                    EUTHANASIA AS AN OPTION TO BEING ABLE TO BE HOUSED IN A TOP OF THE LINE

                    POUND.  AND SO THAT'S THE DIFFICULT DILEMMA WE REST WITH, AND CERTAINLY

                    MY COLLEAGUE POINTED OUT GREAT STANDARDS, NO CASH UNLESS YOU MAKE IT

                                         167



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    A REALITY, IT'S NOT A GOOD SITUATION.  THANK YOU.

                                 ACTING SPEAKER ZEBROWSKI:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON SENATE BILL 6870-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.)

                                 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,

                    LET ME THANK YOU FOR YOUR PATIENCE IN GETTING US THROUGH QUITE A BIT OF

                    OUR DEBATE LIST TODAY, THIS EVENING, BUT WE DO HAVE ONE LAST BILL WE'D

                    LIKE TO TAKE UP BEFORE WE ADJOURN, MR. SPEAKER.  SO IF WE COULD GO TO

                    RULES REPORT NO. 301, THAT ONE'S BY MRS. BARRETT.

                                 ACTING SPEAKER ZEBROWSKI:  THANK YOU,

                    MRS. PEOPLES-STOKES.

                                 PAGE 12, RULES REPORT NO. 301, THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A06755-C, RULES

                    REPORT NO. 301, BARRETT, THIELE, KELLES, NORRIS, WOERNER, J. D. RIVERA,

                    WALLACE, BRABENEC, SMITH, J. A. GIGLIO, EPSTEIN, MEEKS, GANDOLFO.

                                         168



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    AN ACT TO AMEND THE REAL PROPERTY LAW, IN RELATION TO INCREASES OF RENT

                    IN MANUFACTURED HOME PARKS.

                                 ACTING SPEAKER ZEBROWSKI:  MRS. BARRETT, AN

                    EXPLANATION HAS BEEN REQUESTED.

                                 MRS. BARRETT:  THANK YOU.  THIS BILL IS A

                    CLARIFICATION.  IT REQUIRES THAT WHEN A MANUFACTURED HOME PARK

                    COMMUNITY OWNER NOTIFIES THE HOMEOWNERS IN THE PARK OF A RENT OR FEE

                    INCREASE IN EXCESS OF THREE PERCENT, THE COMMUNITY OWNER MUST

                    PROVIDE A WRITTEN JUSTIFICATION FOR THE INCREASE AND MAKE SURE THAT SUCH

                    DOCUMENTATION IS AVAILABLE TO ANY RESIDENT BY REQUEST THAT SHOW THE

                    COST AND COMMENCEMENT OF WORK THAT JUSTIFY THE INCREASE.

                                 ACTING SPEAKER ZEBROWSKI:  MR. FITZPATRICK.

                                 MR. FITZPATRICK:  THANK YOU, MR. SPEAKER.

                    WOULD THE SPONSOR YIELD?

                                 ACTING SPEAKER ZEBROWSKI:  MRS. BARRETT,

                    WILL YOU YIELD?

                                 MR. FITZPATRICK:  THANK YOU, MRS. BARRETT.

                                 ACTING SPEAKER ZEBROWSKI:  MRS. BARRETT

                    YIELDS.

                                 MR. FITZPATRICK:  WE ARE THE LAST BILL, IT'S LATE,

                    AND SO THERE'S PRESSURE ON US TO GET THIS OVER WITH QUICKLY, I'M SURE.

                    JUST AS YOU SAID, IT'S A CLARIFICATION BILL.  AS WE KNOW IN THE LAWS WE

                    CHANGED IN 2019, A TENANT CAN CHALLENGE A RENT INCREASE ABOVE THREE

                    PERCENT AND THAT'S BASED ON AN INCREASE IN OPERATING EXPENSES, THE

                    PARK'S REAL ESTATE, YOU KNOW, PROPERTY TAXES, OR CAPITAL IMPROVEMENTS.

                                         169



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    SO THESE ARE SMALL PROPERTY OWNERS, GENERALLY SMALL OPERATIONS?

                                 MRS. BARRETT:  NO, ACTUALLY NOT.  THESE ARE

                    GENERALLY LARGE CORPORATE ENTITIES THAT HAVE BEEN BUYING UP MANY OF

                    OUR MOBILE HOME COMMUNITIES THROUGHOUT THE STATE OF NEW YORK.

                                 MR. FITZPATRICK:  SO THESE ARE REITS, OR MOSTLY

                    REITS, WOULD YOU SO, OR...

                                 MRS. BARRETT:  MOSTLY, WHAT?

                                 MR. FITZPATRICK:  REAL ESTATE INVESTMENT TRUSTS,

                    OR...

                                 MRS. BARRETT:  YES, YES, AND WITH NOT -- WITH NO

                    LOCAL TIES AND NO LOCAL ROOTS AT ALL.

                                 MR. FITZPATRICK:  OKAY.  SO HOW MANY, IF I

                    COULD ASK YOU, HOW MANY SMALL OPERATORS ARE THERE LEFT?

                                 MRS. BARRETT:  INCREASINGLY FEWER AND, YOU

                    KNOW, THE REASON THAT THESE CLARIFICATIONS WERE, YOU KNOW, THAT WE

                    DEVELOPED THEM INTO THIS LEGISLATION WAS BECAUSE A LOT OF THESE BIG,

                    OUTSIDE GROUPS WERE REALLY TAKING ADVANTAGE OF WHAT WE DIDN'T COVER IN

                    THAT LEGISLATION AND, YOU KNOW, DOING OTHER THINGS AND INCREASING

                    WITHOUT HELPING ANY OF THESE SMALL OWNERS.  BECAUSE YOU KNOW THAT IN

                    THESE MOBILE HOME PARKS, THE PROPERTY, THE MOBILE HOME IS OWNED BY

                    THE INDIVIDUAL AND THEN THE PROPERTY IS OWNED BY THE, YOU KNOW, THE

                    PROPERTY OWNER OR THE CORPORATION, WHOEVER IT IS.  SO THESE PEOPLE

                    WERE, YOU KNOW, WERE FINDING THAT, AND THIS IS AFFORDABLE HOUSING IN

                    OUR RURAL AREAS, THIS IS, YOU KNOW, NOT -- NOT LUXURY HOUSING.  SO THEY

                    WERE FINDING THAT THE KINDS OF EXPENSES THAT WERE ADDING UP WERE

                                         170



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    THINGS THAT THEY COULDN'T HANDLE AND THERE WAS NO AN EXPLANATION FOR

                    WHY THAT WAS HAPPENING.

                                 MR. FITZPATRICK:  OKAY.  VERY GOOD.  SO -- ALL

                    RIGHT.  SO THE IMPACT ON THE SMALL OPERATOR IS A MINIMAL, YOU BELIEVE,

                    IT'S...

                                 MRS. BARRETT:  YES.

                                 MR. FITZPATRICK:  I MEAN, IF YOU HAD TO GUESS,

                    ARE WE TALKING --

                                 MRS. BARRETT:  I DON'T HAVE A PERCENTAGE.

                                 MR. FITZPATRICK:  -- YOU KNOW, IS IT 80/20, 80

                    PERCENT OF THESE PROPERTIES ARE OWNED BY LARGE ENTITIES VERSUS 20 SMALL

                    OWNERS, OR HOW WOULD IT BREAK OUT?  I HAVE NO IDEA.

                                 MRS. BARRETT:  I DON'T REALLY HAVE A NUMBER, BUT I

                    KNOW, YOU KNOW, WE WORKED WITH HOMES AND COMMUNITY RENEWAL

                    ON THIS, THEY WERE VERY CONCERNED ABOUT IT BECAUSE THEY HAVE BEEN

                    SEEING THIS KIND OF ABUSE ACROSS THE STATE.  AND THIS IS SOMETHING, YOU

                    KNOW, THAT WE ALL SEEM TO BE ON THE SAME PAGE TO TRY TO PROTECT THESE

                    TENANTS AND NOT AT ALL -- I MEAN, I THINK IF THERE ARE SMALLER BUSINESSES,

                    WE WANT TO WORK WITH THEM AND SUPPORT THEM.  THAT'S WHAT WE'D LIKE

                    TO SEE AND NOT SEE THIS, YOU KNOW, JUST PURE INVESTMENT HAPPENING

                    ACROSS THE STATE.

                                 MR. FITZPATRICK:  SO WITH THIS GROWTH IN THE

                    REITS AND LARGE ENTITIES COMING IN AND BUYING THESE PROPERTIES, HAS

                    THERE BEEN A DECREASE IN THE QUALITY OF THE ENVIRONMENT IN THESE PARKS

                    BECAUSE OF THAT, OR HAVE THINGS IMPROVED?  OR, THE OWNERS OF THE

                                         171



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    MOBILE HOME --

                                 MRS. BARRETT:  NO, THERE'S A VERY, YOU KNOW, SORT

                    OF A DISCONNECTED APPROACH BECAUSE PEOPLE, YOU KNOW; NO, NOT

                    NECESSARILY.  THEY'RE ADDING EXPENSES ON IF THERE'S NO UNDERSTANDING BY

                    THE, YOU KNOW, THE COMMUNITY IN LIVING THERE WHAT THEY'RE DOING.  AND

                    THERE'S NO, YOU KNOW, THERE'S BEEN NO PATH FOR THEM TO FIND OUT WHAT

                    THE LANDLORDS ARE DOING AND SO THIS IS WHAT THIS LEGISLATION IS MEANT TO

                    DO IS SORT OF GIVE THEM THAT.

                                 MR. FITZPATRICK:  BUT UNDER CURRENT LAW, THEY DO,

                    ANYTHING OVER THREE PERCENT THEY'RE ABLE TO CHALLENGE WITHIN 90 DAYS.

                    SO HAVE -- HOW MANY OF THOSE CASES HAVE BEEN BROUGHT?

                                 MRS. BARRETT:  I DON'T -- DO WE HAVE A NUMBER OF

                    CASES?  IT'S BASICALLY THAT THEY'RE JUST NOT COMPLYING WITH THAT 2019

                    LAW, AND THIS IS -- WAS JUST KIND OF AN UNINTENDED GAP THAT WAS LEFT IN

                    THE -- YOU KNOW, THAT WE -- THAT WE HADN'T ANTICIPATED AND SO, YOU

                    KNOW, IT'S SOMETHING -- IT'S BASICALLY JUST SORT OF FILLING THAT GAP IN THE

                    LEGISLATION TO PROTECT THE TENANTS IN THE SAME WAY THAT WE HAD INTENDED

                    TO AT THE OUTSET TWO YEARS AGO OR THREE YEARS WHEN WE DID THIS ORIGINAL

                    BILL.

                                 MR. FITZPATRICK:  ALL RIGHT.  SO IF THERE'S

                    NON-COMPLIANCE NOW, THERE'S -- WHAT ARE THE AUTHORITIES DOING OR, YOU

                    KNOW, TO HELP THE SITUATION OUT?  IF NOW WE GO TO MANDATORY

                    EXPLANATION FOR ALL RENT INCREASES AND THERE'S NON-COMPLIANCE, HOW DO

                    YOU COMBAT THAT?  WHERE IS -- IT'S GOING TO LET DOWN SOMEWHERE IF

                    THEY'RE NOT COMPLYING, THEN WHO'S ENFORCING THAT?  WHO IS SUPPOSED TO

                                         172



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    ENFORCE IT?

                                 MRS. BARRETT:  WELL, THERE WASN'T A LAW TO

                    ENFORCE BEFORE.  NOW WE, OBVIOUSLY IF WE'RE ASKING FOR THEM TO SHOW

                    THIS INFORMATION TO THE, YOU KNOW, TO THE RESIDENTS THEY, YOU KNOW, THIS

                    WILL HELP THEM COMPLY.  I MEAN, THE GUIDELINES AND THE LEGISLATION THAT

                    WE PASSED IN 2019 DIDN'T ADDRESS THAT PART OF IT, SO...

                                 MR. FITZPATRICK:  WHAT I'M TRYING TO SAY IS WE

                    PASSED THE LAW IN 2019, IT WENT INTO EFFECT IMMEDIATELY.  THE CURRENT

                    RULE, AS YOU SAY, THEY'RE NOT COMPLYING WITH THE CURRENT RULE.  SO WHO

                    IS ENFORCING THE CURRENT RULE NOW?  AND IF YOU CHANGE THE LAW, AS YOU

                    DESIRE HERE AND THERE'S STILL NON-COMPLIANCE, WHO IS RESPONSIBILE FOR

                    ENFORCING THIS?

                                 MRS. BARRETT:  SO THIS IS SORT OF MAKING IT CLEARER

                    FOR THEM TO UNDERSTAND HOW TO COMPLY AND GIVING THE RESIDENTS AN

                    UNDERSTANDING OF WHAT IT -- I MEAN, IF THEY'RE SPENDING IT AND IT'S ALL

                    JUSTIFIABLE, THEN THAT'S FINE, BUT THERE'S NO WAY FOR THE RESIDENTS TO KNOW

                    CURRENTLY.  SO THAT COMPLIANCE IS PARTLY THE RELATIONSHIP BETWEEN THE

                    OWNERS AND THE WORK BEING DONE THERE AND WHAT THEY'RE DOING AND WHY

                    THEY'RE DOING IT, AND THE COMMUNICATION WITH THE TENANTS, RESIDENTS.

                                 MR. FITZPATRICK:  OKAY.  VERY GOOD.  MRS.

                    BARRETT, THANK YOU VERY MUCH.

                                 MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER ZEBROWSKI:  ON THE BILL.

                                 MR. FITZPATRICK:  THE -- WHEN THE LAW WAS

                    CHANGED IN 2019, AGAIN, WE WANTED TO TIGHTEN THINGS UP TO MAKE SURE

                                         173



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    THAT PEOPLE COULD UNDERSTAND THAT WHEN A RENT INCREASE WAS PROPOSED

                    OR WHEN A RENT INCREASE WAS GRANTED, THE LAW ALLOWS PEOPLE WHO OBJECT

                    TO AN INCREASE OVER THREE PERCENT TO FILE A REQUEST FOR INFORMATION

                    WITHIN 90 DAYS.  SO IF -- I DON'T KNOW HOW MANY CASES THERE ARE, IT

                    DOESN'T SEEM TO BE ANY EVIDENCE TO SEE ANY UPTICK IN THAT KIND OF

                    ACTIVITY.  THE SPONSOR CLAIMS THERE'S A PROBLEM, BUT THERE MAY NOT BE

                    AS BIG A PROBLEM AS SHE CLAIMS.  BY PUTTING MORE REGULATION ON THIS

                    INDUSTRY RIGHT NOW, I'M SURE IT WILL HAVE A NEGATIVE IMPACT ON THE

                    SMALLER OWNERS BECAUSE INCREASED REGULATION WILL INCREASE COST.

                                 IT IS VERY EXPENSIVE TO OPERATE A MOBILE HOME PARK,

                    PROPERTY TAXES, CAPITAL IMPROVEMENTS, SEPTIC SYSTEMS, ASPHALT FOR

                    DRIVEWAYS AND OTHER LAWN MAINTENANCE, TREE MAINTENANCE, ET CETERA.  A

                    LOT GOES INTO KEEPING THESE FACILITIES IN GOOD OPERATING CONDITION.  YES,

                    THAT'S WHY -- MAYBE THAT'S WHY REAL ESTATE INVESTMENT TRUSTS AND LARGE

                    INSTITUTIONAL INVESTORS ARE COMING IN AND BUYING UP THESE PROPERTIES,

                    THE DANGER IS DOWN THE ROAD IF THOSE PROPERTIES ARE MORE VALUABLE WITH

                    ANOTHER USE, THESE PEOPLE MAY BE IN DANGER OF BEING FORCED TO MOVE.

                    YOU KNOW, THEY DO PROVIDE SIGNIFICANT AFFORDABLE HOUSING AROUND THE

                    STATE, WE HAVE SOME ON LONG ISLAND, AS WELL, BUT I THINK IF WE

                    CONTINUE TO PUSH THE COST OF OPERATING THESE FACILITIES HIGHER AND

                    HIGHER THROUGH THIS INCREASED REGULATION, WE RUN THE RISK OF MAKING,

                    YOU KNOW, MAKING AFFORDABLE HOUSING LESS AFFORDABLE FOR THE PEOPLE

                    WHO NEED A MOBILE HOME OPERATION.

                                 SO WITH THAT, I URGE A NEGATIVE VOTE.  I THINK THIS BILL

                    COULD USE A LITTLE MORE WORK AND MAYBE SOME INCREASED OR BETTER

                                         174



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    ENFORCEMENT FOR NON-COMPLIANCE.  THANK YOU.

                                 ACTING SPEAKER ZEBROWSKI:  MS. GIGLIO.

                                 MS. GIGLIO:  THANK YOU, MR. SPEAKER.

                                 ON THE BILL.

                                 ACTING SPEAKER ZEBROWSKI:  ON THE BILL.

                                 MS. GIGLIO:  WITH ALL DUE RESPECT, I WOULD LIKE TO

                    THANK MRS. BARRETT, OR MY COLLEAGUE, FOR THIS LEGISLATION.  BEING A

                    REPRESENTATIVE OF OVER 2,500 MANUFACTURED HOME PARKS WITHIN MY

                    DISTRICT, THEY ARE STRUGGLING EVERY DAY WITH NOT RENT INCREASES OF THREE

                    PERCENT, BUT WITH ADDITIONAL CHARGES FOR GARBAGE PICKUP, FOR INCREASE

                    IN PROPERTY TAXES, BUT THEY DON'T EVEN HAVE ACCESS OR THE BREAK OUT TO

                    WHAT THE TAX BILL ACTUALLY IS FOR THEIR UNIT UNLESS THEY'RE A VETERAN.  SO

                    THERE ARE A LOT OF DISADVANTAGES AND WHERE MOST OF THESE HOMES ARE

                    BEING BOUGHT UP AND MOST OF THESE PARKS ARE BEING BOUGHT OUT BY

                    COMPANIES IN UTAH OR MONTANA OR OTHER PLACES THAT ARE BIG MONOPOLIES

                    AND REALLY DON'T CARE ABOUT THE RESIDENTS THAT ARE THERE, AND IT'S UP TO

                    LOCAL LAW ENFORCEMENT TO MAKE SURE THAT THEY'RE ABIDING BY THE LAWS

                    AND THAT THE LIVING CONDITIONS ARE GOOD, THAT THERE'S NOT SITTING WATER,

                    THAT TREES ARE NOT ABOUT TO FALL ON THE PEOPLE'S HOMES, THAT THE

                    MANUFACTURED HOMEOWNER -- PARK OWNERS DO NOT WANT TO BE

                    RESPONSIBLE FOR THE TREES EVEN THOUGH THEY OWN THE LAND.

                                 SO THERE HAVE BEEN SEVERAL COMPLAINTS THAT HAVE BEEN

                    MADE TO THE ATTORNEY GENERAL, AND THAT OFFICE HAS BEEN RESPONSIVE,

                    THANK GOODNESS, BECAUSE THE RIGHTS OF THESE PROPERTY OWNERS IS BEING

                    PROTECTED.  SO AGAIN, I WANT TO THANK THE SPONSOR FOR THIS BILL, AND IT'S

                                         175



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    IMPORTANT THAT WE KEEP THIS AFFORDABLE HOUSING NOT ONLY FOR OUR

                    SENIORS, BUT FOR PEOPLE THAT CAN'T AFFORD TO BUY A DWELLING.  THANK YOU.

                                 ACTING SPEAKER ZEBROWSKI:  MR. GOODELL.

                                 MR. GOODELL:  THANK YOU.  WOULD THE SPONSOR

                    YIELD?

                                 ACTING SPEAKER ZEBROWSKI:  WOULD THE

                    SPONSOR YIELD?

                                 MRS. BARRETT:  YES.

                                 ACTING SPEAKER ZEBROWSKI:  THE SPONSOR

                    YIELDS.

                                 MR. GOODELL:  THANK YOU.  I WAS LOOKING OVER THE

                    MEMORANDUM OF SUPPORT THAT ACCOMPANIED THIS BILL, AND IT STATED THAT

                    THERE ARE APPROXIMATELY 84,956 MOBILE HOMES LOCATED ON NEARLY 1,818

                    MOBILE HOME PARKS.  THAT -- THAT AVERAGES TO LESS THAN 47 MOBILE

                    HOMES PER PARK, RIGHT?

                                 MRS. BARRETT:  I THINK THERE ARE DIFFERENT SIZE

                    PARKS.  I DON'T KNOW ABOUT YOUR DISTRICT, BUT I HAVE MANY DIFFERENT SIZE

                    MOBILE HOME COMMUNITIES IN MINE.

                                 MR. GOODELL:  SO THERE ARE LARGE PARKS AND THEN

                    THERE ARE SMALL PARKS, BUT ON AVERAGE USING THE DATA IN YOUR MEMO, THE

                    AVERAGE IS LESS THAN 47, RIGHT?

                                 MRS. BARRETT:  IF YOU SAY SO.

                                 MR. GOODELL:  SO ISN'T THIS MORE OF AN EXTENSION

                    OF RENT CONTROL ON MOBILE HOME PARKS?

                                 MRS. BARRETT:  NO.  THIS IS REALLY, AS OUR

                                         176



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    COLLEAGUE SAID, IT'S REALLY MAKING SURE THAT PEOPLE WHO ARE LIVING IN AN

                    AFFORDABLE COMMUNITY ARE PROTECTED WITH THE RIGHTS THAT THEY'RE ENTITLED

                    TO, AND THERE'S COMMUNICATION BETWEEN THESE ABSENTEE LANDLORDS AND

                    THE PEOPLE LIVING THERE.

                                 MR. GOODELL:  NOW, THIS LIMITS ANY RENT INCREASE

                    TO THE ACTUAL COST OF MAINTENANCE AND REPAIR?

                                 MRS. BARRETT:  NO.  IT JUST REQUIRES AN

                    EXPLANATION OF WHAT IT IS.  YOU CAN ULTIMATELY INCREASE ABOVE THREE

                    PERCENT, BUT THERE NEEDS TO BE CLARITY ON WHAT IT IS AND THERE'S ONLY

                    CERTAIN THINGS -- THIS BILL ALSO CLARIFIES THAT IN ORDER FOR AN INCREASE IN

                    COST TO JUSTIFY A RENT INCREASE ABOVE THREE PERCENT, THE COMMUNITY

                    OWNER MUST DEMONSTRATE THAT THE COST INCURRED FOR ORDINARY

                    MAINTENANCE INCLUDING PREVENTATIVE MAINTENANCE OR REPAIR OF THE

                    ROADS, INFRASTRUCTURE, OR OTHER COMMUNITY PROPERTY OR SERVICES WAS

                    NECESSARY TO MEET THE COMMUNITY OWNER'S WARRANTY OF HABITABILITY

                    OBLIGATIONS AND DEMONSTRATE THAT THE RENT INCREASE IMPOSED WAS NO

                    MORE THAN WAS NECESSARY TO COVER THE ACTUAL AND REASONABLE COST OF THE

                    WORK PERFORMED.

                                 MR. GOODELL:  THANK YOU.

                                 ON THE BILL, SIR.

                                 ACTING SPEAKER ZEBROWSKI:  ON THE BILL.

                                 MR. GOODELL:  I UNDERSTAND THAT MOBILE HOME

                    PARKS VARY IN SIZE ACROSS THE STATE, CERTAINLY.  IN MY DISTRICT, THEY ARE

                    NOT LARGE MOBILE HOME PARKS OWNED BY LARGE CORPORATIONS, THEY'RE

                    SMALL MOM AND POP OPERATIONS.  AND WHAT WE ARE DOING IS WE ARE

                                         177



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    SQUEEZING THEM FINANCIALLY.  SO WE LIMIT THEIR RENT INCREASES OF THREE

                    PERCENT A YEAR EVEN THOUGH EVERYONE IN THIS ROOM KNOWS THAT INFLATION

                    IS RUNNING, WHAT, EIGHT OR NINE PERCENT?  SO WE START OUT BY TELLING ALL

                    THE MOBILE HOME PARK OWNERS, YOU CAN'T EVEN KEEP UP WITH INFLATION,

                    THAT'S WHAT WE SAY TO THEM.  YOU CAN'T EVEN KEEP UP WITH INFLATION.

                    AND THEN WE SAY YOU CAN COLLECT ADDITIONAL FUNDS IF YOU MAKE

                    INVESTMENTS, BUT ONLY BASED ON YOUR ACTUAL AND REASONABLE EXPENSES.

                    AND WE LIMIT THAT TO WARRANTY OF HABITABILITY, WHICH THOSE OF US IN THE

                    REAL ESTATE BUSINESS KNOW IS VERY LIMITED WHEN IT COMES TO MOBILE

                    HOME PARKS.  THAT'S WATER, SEWER, ROADS; AND AT THE SAME TIME, WE

                    COMPLAIN THAT THEY'RE NOT BEING MAINTAINED, THAT THEY'RE NOT TAKING CARE

                    OF THE TREES AND NOT MOWING THE LAWN ENOUGH.  GUESS WHAT?  LAWN

                    MOWING, TREE TRIMMING, NOT PART OF THE WARRANTY OF HABITABILITY.

                                 SO I APPRECIATE THE DESIRE OF EVERY TENANT IN EVERY

                    MOBILE HOME PARK TO HAVE THE BEST OF BOTH WORLDS.  THEY WANT LOW

                    RENT AND HIGH MAINTENANCE.  THEY WANT HIGH-QUALITY, LOW RENT.

                    UNFORTUNATELY, YOU KNOW, IT'S A BALANCING ACT AND WHEN WE PASS

                    STATEWIDE LEGISLATION THAT AFFECTS ALL THESE SMALL MOBILE HOME PARKS,

                    AND THE AVERAGE STATEWIDE IS LESS THAN 47 TRAILERS IN A -- AND IF YOU

                    HAVE BIG ONES, THAT MEANS THERE'S A LOT MORE SMALLER ONES.  SO WE NEED

                    TO BE VERY SENSITIVE THAT THESE REGULATIONS CAN HAVE A REALLY NEGATIVE,

                    LONG-TERM IMPACT ON THE AVAILABILITY AND THE QUALITY OF MOBILE HOME

                    PARKS WHICH ULTIMATELY HURTS THE VERY PEOPLE WE WANT TO PROTECT.

                    THANK YOU, SIR.

                                 ACTING SPEAKER ZEBROWSKI:  READ THE LAST

                                         178



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER ZEBROWSKI:  THE CLERK WILL

                    RECORD THE VOTE ON ASSEMBLY BILL 6755-C.  THIS IS A PARTY VOTE.  ANY

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

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

                    NUMBERS PREVIOUSLY PROVIDED.

                                 MR. GOODELL.

                                 MR. GOODELL:  THANK YOU, SIR.  THE REPUBLICAN

                    CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION; HOWEVER, WE DO

                    HAVE MEMBERS THAT SUPPORT IT AND SPEAK ON ITS BEHALF.  AND SO FOR

                    THOSE WHO SUPPORT IT, PLEASE VOTE YES ON THE FLOOR OR BY CONTACTING THE

                    MINORITY LEADER'S OFFICE.  THANK YOU, SIR.

                                 ACTING SPEAKER ZEBROWSKI:  MRS.

                    PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  THE MAJORITY CONFERENCE IS GOING TO BE IN FAVOR OF THIS

                    CONSUMER-FRIENDLY PIECE OF LEGISLATION; HOWEVER, SHOULD THERE BE

                    EXCEPTIONS, THEY SHOULD FEEL FREE TO CONTACT THE MAJORITY LEADER'S

                    OFFICE AND WE WILL MAKE SURE THEIR VOTE IS PROPERLY RECORDED.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ACTING SPEAKER ZEBROWSKI:  MR. JACOBSON

                    TO EXPLAIN HIS VOTE.

                                 MR. JACOBSON:  MR. SPEAKER, TO EXPLAIN MY VOTE.

                    I WOULD LIKE TO COMMEND THE SPONSOR FOR THIS BILL.  MANUFACTURED

                                         179



                    NYS ASSEMBLY                                                        MAY 31, 2022

                    HOMES ARE REFERRED TO IN THE SLANG, IN THE VERNACULAR AS MOBILE HOMES,

                    WHERE THEY'RE NOT VERY MOBILE.  YOU CAN'T LIKE NOT MOVING A CAR, OR IT'S

                    NOT LIKE MOVING AN RV.  NO, THEY'RE ON THE PROPERTY, THERE'S A

                    FOUNDATION.  AND THE PROBLEM IS THAT THE OWNERS OF MANUFACTURED

                    HOMES START OUT BEHIND THE 8 BALL.  THEY'RE ALREADY BEHIND BECAUSE

                    THEY DON'T OWN THE PROPERTY.  AND SO THEY'RE AT THE MERCY OF A LANDLORD.

                    THAT'S WHY WE HAVE OTHER PROTECTIONS IN THE LAW, BECAUSE THIS IS -- YOU

                    JUST CAN'T GET UP AND MOVE.  AND SO I THINK THIS IS A VERY IMPORTANT BILL,

                    I'M HAPPY TO SUPPORT IT, AND I VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER ZEBROWSKI:  MS. GIGLIO TO

                    EXPLAIN HER VOTE.

                                 MS. GIGLIO:  THANK YOU, MR. SPEAKER.  WHERE I

                    INDICATED THAT THERE ARE SEVERAL BAD ACTORS THAT EXPLOIT FAMILIES AND

                    INDIVIDUALS THAT ARE LIVING IN THESE MANUFACTURED HOME PARKS, THERE ARE

                    GOOD OWNERS OF MANUFACTURED HOME PARKS, THE SMALLER MANUFACTURED

                    HOME PARKS THAT LIVE IN TOWN, THAT CARE ABOUT THEIR RESIDENTS AND CARE

                    ABOUT THEIR WELL-BEING.  SO I -- AND I GUARANTEE YOU THAT NONE OF THOSE

                    GOOD HOME PARK OWNERS WOULD HAVE A PROBLEM WITH EXPLAINING WHY

                    THEY WERE INCREASING THE RENT.  SO I THINK THIS IS A GOOD BILL AND I WILL

                    BE VOTING IN THE AFFIRMATIVE.  THANK YOU.

                                 ACTING SPEAKER ZEBROWSKI:  MS. GIGLIO IN

                    THE AFFIRMATIVE.

                                 COLLEAGUES, AS WE FINISH UP THE ORDER OF THE DAY, IF WE

                    HAVE SOME ORDER IN THE HOUSE.

                                 MR. BRAUNSTEIN TO EXPLAIN HIS VOTE.

                                         180



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 MR. BRAUNSTEIN IN THE AFFIRMATIVE.

                                 MRS. PEOPLES-STOKES TO EXPLAIN HER VOTE.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  I WANT TO COMMEND THE SPONSOR OF THIS PIECE OF LEGISLATION.  I

                    KNOW IT'S ALWAYS A CHALLENGE --

                                 ACTING SPEAKER ZEBROWSKI:  COLLEAGUES,

                    COLLEAGUES, THE MAJORITY LEADER IS EXPLAINING HER VOTE.

                                 MRS. PEOPLES-STOKES:  I KNOW IT'S ALWAYS A

                    CHALLENGE, MR. SPEAKER, WHEN SOME FOLKS REALLY WANT TO LOOK OUT FOR

                    THE CONSUMER AND THEIR ABILITY TO LIVE A DECENT QUALITY OF LIFE, AND BY

                    THE WAY, I UNDERSTAND THAT THERE IS NO FREE RENT, EVERYBODY HAS TO PAY

                    SOMETHING, BUT TO PUT A MINIMUM AMOUNT THAT CAN BE ADDED TO THE COST

                    OF LIVING, PARTICULARLY WHEN PEOPLE'S INCOMES AREN'T GROWING AT BIG

                    LEVELS, I THINK IT'S FAIR AND I THINK THAT THE SPONSOR HAS BEEN VERY

                    RESPONSIVE TO DOING ALL THE DETAILED RESEARCH TO FIGURE OUT HOW DO YOU

                    MAKE THIS WORK FOR EVERYBODY AND NOT CASTING THE BLAME ON ANYBODY,

                    BUT SHARING THE WEALTH ACROSS THE BOARD AND WHAT AN OPPORTUNITY TO

                    LIVE IN AFFORDABLE LIVING.  SO I THINK IT'S A GREAT BILL AND I'M PLEASED TO

                    BE IN SUPPORT OF THIS CONSUMER-FRIENDLY PIECE OF LEGISLATION.  THANK

                    YOU, MR. SPEAKER.

                                 ACTING SPEAKER ZEBROWSKI:  MRS.

                    PEOPLES-STOKES IN THE AFFIRMATIVE.

                                 MR. GOODELL.

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

                    FOLLOWING COLLEAGUES IN THE AFFIRMATIVE:  MR. BRABENEC, MR. GANDOLFO,

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                    NYS ASSEMBLY                                                        MAY 31, 2022

                    AND MR. SMITH.  THANK YOU, SIR.

                                 ACTING SPEAKER ZEBROWSKI:  SO NOTED.

                                 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, THIS IS

                    PROBABLY THE FIRST TIME DURING THE COURSE OF THIS PARTICULAR SESSION THAT

                    WE HAVE PUT IN THIS LONG HOURS.  WE HAVE SOME HISTORY OF DOING THIS

                    SORT OF THING IN THE PAST, BUT THIS IS THE FIRST TIME THIS SESSION WE HAVE

                    DONE IT SO I REALLY WANT TO THANK ALL OF MY COLLEAGUES FOR THEIR PATIENCE

                    AND DESIRE -- WILLINGNESS TO STAY IN THE CHAMBERS, LET'S JUST, YOU KNOW,

                    GET THIS DONE.

                                 I WILL MAKE ONE NOTE THOUGH, MR. SPEAKER, I'M A LITTLE

                    CONCERNED ABOUT LOCAL BILLS BEING LAID ASIDE.  ALL OF US IN HERE HAVE

                    LOCAL BILLS.  NOT ONE PERSON IS NOT FROM AN AREA THEY REPRESENT.  WE'RE

                    ELECTED PEOPLE WHO SEND HOME RULE MESSAGES.  I HAVE A PROBLEM WITH

                    LOCAL BILLS BEING LAID ASIDE.  NOW, I DON'T HAVE A PROBLEM WITH PEOPLE

                    WHO WANT TO VOTE NO ON IT, I DON'T, BUT I HAVE A PROBLEM WITH IT BEING

                    LAID ASIDE BECAUSE I THINK IT'S A HORRIBLE PRECEDENT TO SET.  AND BY THE

                    WAY, THE BILL THAT I'M SPEAKING OF HAS BEEN PASSED IN THIS HOUSE EVERY

                    YEAR WITH THE EXCEPTION OF '21, AND THE ONLY THING THAT HAPPENED

                    DIFFERENT IN THAT YEAR WAS THE NAME OF THE SPONSOR CHANGED.  I HAVE A

                    PROBLEM WITH THAT.  I HOPE THAT WE DON'T REPEAT THAT EVER AGAIN, IT'S NOT

                    A GOOD PRECEDENT TO SET.

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                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 WITH THAT, MR. SPEAKER, DO YOU HAVE ANY FURTHER

                    HOUSEKEEPING OR RESOLUTIONS?

                                 ACTING SPEAKER ZEBROWSKI:  WE DO HAVE

                    HOUSEKEEPING.

                                 MR. GOODELL:  MR. SPEAKER.

                                 ACTING SPEAKER ZEBROWSKI:  MR. GOODELL,

                    WHY DO YOU RISE?

                                 MR. GOODELL:  MAY I RESPOND?  POINT OF ORDER.

                    WE ALL HAVE LOCAL BILLS, THEY ALL COME UP FOR A VOTE.  SOME OF THOSE

                    LOCAL BILLS BARELY PASS, SOME OF THEM PASS WITH NO OPPOSITION.  I HAVE A

                    NUMBER OF LOCAL BILLS, MR. SPEAKER, THAT HAVE BEEN HELD IN COMMITTEE

                    FOR CONSIDERATION.  LOCAL BILLS, FOR EXAMPLE, THAT CORRECT AN OBVIOUS

                    MISTAKE WHERE I HAVE ONE FULL-TIME JUDGE IN MY CITY THAT'S ELECTED AND

                    ONE FULL-TIME JUDGE THAT'S APPOINTED.  AND EVERYONE FROM REPUBLICAN

                    AND DEMOCRATS ON BOTH SIDES OF THE AISLE IN MY CITY ARE ASKING FOR A

                    LOCAL BILL, AND IT'S HELD FOR CONSIDERATION.  I HAVE MULTIPLE LOCAL BILLS

                    THAT ARE BEING HELD FOR CONSIDERATION WITHOUT MOVING FORWARD.  AND I

                    UNDERSTAND THAT.  IF A COMMITTEE WANTS TO HOLD A BILL, A LOCAL BILL,

                    BECAUSE THERE'S A CONCERN ABOUT IT OR THEY THINK THEY CAN IMPROVE IT,

                    THAT'S THE WAY THE PROCESS WORK.

                                 AND THE SAME RULES APPLY HERE ON THE FLOOR OF THE

                    LEGISLATURE.  IF A LOCAL BILL COMES UP FOR A VOTE HERE AND WE HAVE

                    DOZENS OF THEM, DON'T WE?  SOMETIMES IT'S A TAX INCREASE, SOMETIMES

                    IT'S AN EXTENDER, SOMETIMES WE HAVE DOZENS OF DEMOCRATS VOTING

                    AGAINST A LOCAL BILL BECAUSE THEY DON'T LIKE THE TAX INCREASE.

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                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 MRS. PEOPLES-STOKES:  YEAH, BUT WE NEVER LAID

                    IT ASIDE.

                                 MR. GOODELL:  AHH.  BUT THE RULES OF THE MAJORITY,

                    SIR, ARE THAT WHEN WE'RE ON CONSENTED CALENDAR, UNLESS THE VOTE IS A

                    UNANIMOUS YES, THE RULES OF THE MAJORITY ARE IF IT'S A PARTY VOTE IT MUST

                    BE LAID ASIDE.  AND IF THE MAJORITY WANTS TO CHANGE THE RULES --

                                 MRS. PEOPLES-STOKES:  (INAUDIBLE/CROSS TALK) --

                    PRECEDENT TO SET.

                                 MR. GOODELL:  -- THAT HAVE BEEN IN PLACE FOR AS

                    LONG AS I HAVE BEEN FLOOR LEADER, THAT'S FINE, LET ME KNOW.  BUT IN THE

                    MEANTIME, WHEN WE'RE FOLLOWING THE RULES OF THE LEGISLATURE, WE

                    SHOULD NOT BE CRITICIZED FOR FOLLOWING THE RULES OF THE MAJORITY THAT

                    THEY HAVE SET.  THANK YOU, SIR.

                                 MRS. PEOPLES-STOKES:  IT'S NOT A CRITIQUE, MR.

                    GOODELL, IT'S JUST A COMMITMENT.  IT GOES BOTH WAYS.

                                 ACTING SPEAKER ZEBROWSKI:  THANK YOU,

                    COLLEAGUES.

                                 WE HAVE HOUSEKEEPING; SORRY, MADAM MAJORITY

                    LEADER.

                                 WE HAVE HOUSEKEEPING.

                                 ON A MOTION BY MR. SCHMITT, PAGE 31, CALENDAR NO.

                    181, BILL NO. 5585-A, THE AMENDMENTS ARE RECEIVED AND ADOPTED.

                                 ON BEHALF OF MS. BUTTENSCHON, BILL NO. A10208,

                    ASSEMBLY BILL RECALLED FROM THE SENATE.  THE CLERK WILL READ THE TITLE

                    OF THE BILL.

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                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 THE CLERK:  AN ACT TO AMEND THE NOT-FOR-PROFIT

                    CORPORATION LAW.

                                 ACTING SPEAKER ZEBROWSKI:  MOTION TO

                    RECONSIDER THE VOTE BY WHICH THE BILL PASSED THE HOUSE.

                                 (THE CLERK WILL RECORD 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.

                                 ON BEHALF OF MR. CARROLL, BILL NO. A1932-B,

                    ASSEMBLY BILL RECALLED FROM THE SENATE.  THE CLERK WILL READ THE TITLE

                    OF BILL.

                                 THE CLERK:  AN ACT TO AMEND THE GENERAL BUSINESS

                    LAW.

                                 ACTING SPEAKER ZEBROWSKI:  MOTION TO

                    RECONSIDER THE VOTE BY WHICH THE BILL PASSED THE HOUSE.

                                 THE CLERK WILL RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 THE CLERK WILL ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS BEFORE THE HOUSE AND THE AMENDMENTS ARE

                    RECEIVED AND ADOPTED.

                                 ON BEHALF OF MR. GOTTFRIED, BILL NO. A7326, THE

                    ASSEMBLY BILL IS RECALLED FROM THE SENATE.  THE CLERK WILL READ THE

                    TITLE OF THE BILL.

                                         185



                    NYS ASSEMBLY                                                        MAY 31, 2022

                                 THE CLERK:  AN ACT TO AMEND THE PUBLIC HEALTH

                    LAW.

                                 ACTING SPEAKER ZEBROWSKI:  MOTION TO

                    RECONSIDER THE VOTE BY WHICH THE BILL PASSED THE HOUSE.  THE CLERK

                    WILL RECORD THE VOTE.

                                 (THE CLERK WILL RECORD 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.

                                 WE ALSO HAVE A NUMBER OF RESOLUTIONS WHICH WE WILL

                    TAKE UP WITH ONE VOTE.  ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY

                    SAYING AYE; OPPOSED, NO.  THE RESOLUTIONS ARE ADOPTED.

                                 (WHEREUPON, ASSEMBLY RESOLUTION NOS. 1029-1039

                    WERE UNANIMOUSLY APPROVED.)

                                 MRS. PEOPLES-STOKES.

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

                    MOVE THAT THE ASSEMBLY STAND ADJOURNED UNTIL 10 A.M., WEDNESDAY,

                    JUNE THE 1ST, TOMORROW BEING A SESSION DAY.

                                 ACTING SPEAKER ZEBROWSKI:  THE ASSEMBLY

                    STANDS ADJOURNED.

                                 (WHEREUPON, AT 11:31 P.M., THE ASSEMBLY STOOD

                    ADJOURNED UNTIL WEDNESDAY, JUNE 1ST AT 10:00 A.M., WEDNESDAY BEING

                    A SESSION DAY.)



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