THURSDAY, MAY 5, 2022 10:58 A.M.
ACTING SPEAKER AUBRY: THE HOUSE WILL COME
TO ORDER.
IN THE ABSENCE OF CLERGY, LET US PAUSE FOR A MOMENT OF
SILENCE.
(WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)
VISITORS ARE INVITED TO JOIN THE MEMBERS IN THE PLEDGE
OF ALLEGIANCE.
(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND
MEMBERS IN THE PLEDGE OF ALLEGIANCE.)
A QUORUM BEING PRESENT, THE CLERK WILL READ THE
JOURNAL OF WEDNESDAY, MAY 4TH.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I MOVE TO
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NYS ASSEMBLY MAY 5, 2022
DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF WEDNESDAY, MAY
THE 4TH AND ASK THAT THE SAME STAND APPROVED.
ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO
APPROVED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR. SPEAKER
AND COLLEAGUES AND GUESTS THAT ARE IN THE CHAMBER. IF I CAN HAVE YOUR
ATTENTION FOR ONE MOMENT, PLEASE. I WANT TO SHARE A QUOTE FOR THE DAY,
THIS ONE IS COMING FROM AMANDA S.C. GORMAN. SHE'S AN AMERICAN
POET AND AN ACTIVIST. HER FOCUS IS ON ISSUES OF OPPRESSION, FEMINISM,
RACE AND MARGINALIZATION, AS WELL AS THE AFRICAN DIASPORA. HER WORDS
FOR US TODAY, MR. SPEAKER. IF WE MERGE MERCY WITH MIGHT AND MIGHT
WITH RIGHT, THEN LOVE BECOMES OUR LEGACY AND CHANGE OUR CHILDREN'S
BIRTHRIGHT. AGAIN, THESE WORDS ARE FROM A YOUNG LADY, MISS AMANDA
GORMAN.
COLLEAGUES HAVE ON THEIR DESK A MAIN CALENDAR AND
WE ALSO HAVE A DEBATE LIST. AFTER HOUSEKEEPING AND/OR INTRODUCTIONS
WE WILL TAKE UP RESOLUTIONS ON PAGE 3. THERE ARE SEVERAL OF OUR
COLLEAGUES THAT WOULD LIKE TO SPEAK ON THESE RESOLUTIONS, AND THEN
WE'RE GOING TO GO IMMEDIATELY TO OUR DEBATE LIST. HEADLINING THAT
DEBATE LIST MRS. PEOPLES -- MR. STOKES, IS MYSELF, MRS. CRYSTAL
PEOPLES-STOKES. I'M GOING TO DEBATE CALENDAR NO. 113, AND THEN WE'RE
GOING TO GO TO CALENDAR NO. 222. THAT'S GOING TO BE DEBATED BY MS.
JOYNER. CALENDAR NO. 391 BY MS. GONZÁLEZ-ROJAS, CALENDAR NO. 433
BY MR. JONATHAN RIVERA, CALENDAR NO. 453 BY MR. DINOWITZ, CALENDAR
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NYS ASSEMBLY MAY 5, 2022
NO. 480 BY MR. SAYEGH, CALENDAR NO. 495 BY MS. PAULIN. FOLLOWED
BY CALENDAR NO. 497, MS. FAHY. CALENDAR NO. 502 BY MS. PAULIN AND
CALENDAR NO. 503 BY MS. LINDA ROSENTHAL. AND LASTLY, AT THIS MOMENT
MR. SPEAKER, THERE WILL BE CALENDAR NO. 516 BY MS. JOYNER. AND
THERE COULD POSSIBLY BE THE NEED TO ANNOUNCE ADDITIONAL FLOOR ACTIVITY.
IF SO WE WILL DO THAT AT THE APPROPRIATE TIME.
THAT'S THE GENERAL OUTLINE OF WHERE WE'RE GOING. IF
THERE ARE INTRODUCTIONS AND HOUSEKEEPING, MR. SPEAKER, NOW WOULD BE
A GREAT TIME.
ACTING SPEAKER AUBRY: CERTAINLY. WE DO
HAVE HOUSEKEEPING.
ON A MOTION BY MR. GOTTFRIED, PAGE 11, CALENDAR NO.
83, BILL NO. A.1741, THE AMENDMENTS ARE RECEIVED AND ADOPTED.
ON A MOTION BY MR. DINOWITZ, PAGE 28, CALENDAR NO.
423, BILL A.1819, AMENDMENTS ARE RECEIVED AND ADOPTED.
AN INTRODUCTION BY MS. JACKSON.
MS. JACKSON: THANK YOU, MR. SPEAKER, FOR
ALLOWING ME TO INTRODUCE MY GUEST TODAY. TODAY I'M ALSO INTRODUCING
A RESOLUTION AND IT'S SO GREAT THAT MY GUEST WAS ABLE TO COME AND SAY HI
AND SPEND TIME ON THE FLOOR. MY GUEST PAULLA MCCARTHY IS HERE. SHE
IS THE FIRST AFRICAN-AMERICAN WOMAN TO OWN A WATER PLANT HERE IN -- IN
THE NATION AND IN THE STATE OF NEW YORK. PAULLA IS JOINING US, AND SHE
HAS A NON-PROFIT YOUTH SAVINGS SOCIETY WHICH MANAGES THE WATER
BOTTLING PLANT, AND I WOULD LOVE, MR. SPEAKER, THAT YOU GIVE HER THE
ACKNOWLEDGEMENT THAT SHE DESERVES TO BE HERE WITH US TODAY.
3
NYS ASSEMBLY MAY 5, 2022
THANK YOU.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MS. JACKSON, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU
HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU THE PRIVILEGES OF
THE FLOOR. HOPE THAT YOU WILL ENJOY YOUR TIME WITH US AND COMMEND
YOU ON MANY OF YOUR ACCOMPLISHMENTS. I'M SURE THEY'RE ONLY THE
BEGINNING OF A GREAT CAREER. CONTINUE YOUR SUCCESS. THANK YOU SO
VERY MUCH FOR BEING HERE.
(APPLAUSE)
WE WILL GO TO RESOLUTIONS ON PAGE 3. THE CLERK WILL
READ.
THE CLERK: ASSEMBLY RESOLUTION NO. 824, RULES
AT THE REQUEST OF MS. WILLIAMS.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM APRIL 27, 2022 AS CHILDREN OF THE HOLOCAUST
REMEMBRANCE DAY IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE -- BY SAYING AYE. THANK YOU.
MR. BROWN, BEFORE WE CONCLUDE THIS YOU WANT TO
SPEAK? OKAY. THANK YOU.
MR. A. BROWN: THANK YOU, MR. SPEAKER. ON THE
RESOLUTION. I JUST WANT TO THANK MS. WILLIAMS FOR BRINGING THIS
RESOLUTION FORWARD. AS A SON OF A HOLOCAUST SURVIVOR I THINK IT'S SO
IMPORTANT TO BRING THIS TO EVERYONE'S ATTENTION AND I THANK YOU FOR THAT.
THANK YOU, MR. SPEAKER. THANK YOU FOR SPONSORING THIS, MS.
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NYS ASSEMBLY MAY 5, 2022
WILLIAMS [SIC].
ACTING SPEAKER AUBRY: WE'LL DO IT AGAIN.
ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 825, RULES
AT THE REQUEST OF MS. SOLAGES.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM MAY 5, 2022 AS MOTHER'S EQUAL PAY DAY IN
THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 826, RULES
AT THE REQUEST OF MS. CLARK.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM MAY 6, 2022 AS PROVIDER APPRECIATION DAY
IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: MS. CLARK ON THE
RESOLUTION.
MS. CLARK: THANK YOU, MR. SPEAKER. TODAY I RISE
TO EXPRESS MY HEARTFELT GRATITUDE FOR OUR CHILD CARE PROVIDERS. AS
FITTING, THE FRIDAY BEFORE MOTHER'S DAY IS NATIONALLY CLAIMED PROVIDER
APPRECIATION DAY, AND THERE'S NO MORE IMPORTANT MOMENT THAN RIGHT
NOW FOR US HERE IN THE STATE TO ADD OUR OWN HONOR AS WELL. NEW YORK
STATE IS BLESSED TO HAVE ALMOST 25,000 DIFFERENT TYPES OF PROVIDERS
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NYS ASSEMBLY MAY 5, 2022
SUPPORTING OUR FAMILIES. THEY ARE THE TEACHERS, NURTURERS AND
SUPPORTERS OF OUR STATE'S MOST VALUABLE RESOURCE, OUR CHILDREN.
CHILDCARE PROVIDERS HAVE BEEN HOLDING ON BY A STRING FOR YEARS, AND
THE COVID PANDEMIC ADDED EVEN MORE STRESS. BUT WHAT WE SAW EVEN
AT SOME OF THE DARKEST MOMENTS WERE PROVIDERS AND THEIR STAFF
BECOMING FRONTLINE WORKERS, SHOWING UP EVERY DAY WHILE MANY OTHERS
WERE ABLE TO WORK FROM HOME, OFTEN AT SACRIFICE TO THEIR OWN HEALTH
AND TO THEIR OWN FAMILY. WE SAW PROVIDERS FIND UNIQUE AND FLEXIBLE
SOLUTIONS TO SUPPORT FAMILIES WHO ALL OF A SUDDEN HAD CHILDREN HOME
ALL DAY DOING VIRTUAL SCHOOL. OUR PROVIDERS ALWAYS ROSE TO THE
CHALLENGE. AS A NEW YORK STATE ASSEMBLYWOMAN AND A MOM OF
THREE, IT IS NOT LOST ON ME ON HOW VALUABLE THIS PROFESSION IS TO KEEPING
OUR STATE RUNNING. BECAUSE OF AMAZING CHAMPIONS HERE IN THE STATE
LEGISLATURE, OVER THE LAST TWO YEARS WE HAVE COMMITTED TO HISTORIC
INVESTMENTS INTO OUR CHILDCARE ECOSYSTEM, SUPPORTING PROVIDERS, THE
WORKFORCE AND INCREASING ACCESS FOR OUR FAMILIES. BUT OUR WORK IS NOT
DONE. ON OUR CONTINUED QUEST FOR UNIVERSAL CHILD CARE, AS OUR
PROVIDERS HAVE ALWAYS SHOWN UP FOR US, PLEASE KNOW WE WILL ALWAYS
SHOW UP FOR YOU.
LET US THEREFORE PROCLAIM TOMORROW PROVIDER
APPRECIATION DAY. THANK YOU.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 827, RULES
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NYS ASSEMBLY MAY 5, 2022
AT THE REQUEST OF MS. JACKSON.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM MAY 1-7, 2022 AS DRINKING WATER WEEK IN
THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: MS. JACKSON ON THE
RESOLUTION.
MS. JACKSON: THANK YOU, MR. SPEAKER. I'M GLAD
TO BE BACK UP HERE AND TALK TO YOU GUYS ABOUT THIS RESOLUTION. MAY 1ST
THROUGH MAY 7TH IS DRINKING WATER WEEK HERE IN THE STATE OF NEW
YORK. AND WE -- WE TOOK UP A CHALLENGE HERE IN THE ASSEMBLY WHERE
#DRINKUP. WE -- WE DECIDED TO CONSUME AT LEAST TWO LITERS OF WATER A
DAY, AND I JUST WANT TO ACKNOWLEDGE THE OFFICES THAT PARTICIPATED IN THIS
CHALLENGE WITH MY OFFICE. WE HAVE MEMBER EPSTEIN AND JEAN-PIERRE,
LAVINE AND LUNSFORD AND WOERNER. AND I JUST WANT TO GIVE A SPECIAL
SHOUT-OUT TO BRANDON -- BRENDON FROM JEAN-PIERRE'S OFFICE WHO
CONSUMED THE MOST WATER WITHIN THE WEEK. HE CONSUMED 26 LITERS.
SO SHOUT OUT TO HIM FOR THAT. BUT WE -- WE DON'T THINK ABOUT OUR
DRINKING WATER AS MUCH AS WE SHOULD AND HOW WE NEED TO PROTECT AND
MAKE SURE WE HAVE IT. WE NEED WATER TO JUST SURVIVE. AND WE HAVE
PLACES LIKE FLINT WHO STILL ARE DEALING WITH WATER ISSUES AND NOT HAVING
CLEAN DRINKING WATER. I WENT TWO DAYS IN MY APARTMENT WITHOUT
RUNNING WATER AND I THOUGHT I WAS NOT GOING TO MAKE IT. SO I HAVE NO
IDEA OR NO CLUE HOW PEOPLE IN FLINT ARE ABLE TO SURVIVE WITHOUT HAVING
CLEAN DRINKING WATER. WE USED IT DURING THE PANDEMIC TO KEEP US SAFE,
RIGHT? WE HAD TO WASH OUR HANDS REPEATEDLY, SOME OF US FOR THE FIRST
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NYS ASSEMBLY MAY 5, 2022
TIME, MOST OF US HAD BEEN DOING IT. BUT WE -- WE HAD TO -- TO USE OUR
DRINKING WATER JUST TO STAY HYDRATED, BUT TO ALSO KEEP US SAFE AND KEEP
US ALIVE DURING THE PANDEMIC. SO WATER WAS AN ABSOLUTE ESSENTIAL
NECESSITY. AND MAY 1ST TO MAY 7TH IS OUR DRINKING WATER WEEK, AND
I JUST WANTED TO SAY THANK YOU TO EVERYONE WHO TOOK PART IN THE
CHALLENGE AND I'M ENCOURAGING EVERYONE, WHILE I KNOW YOU WANT TO
DRINK SOMETHING STRONGER, MAKE SURE YOU HAVE AT LEAST SOME WATER
THROUGHOUT YOUR DAY.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 828, RULES
AT THE REQUEST OF MRS. BARRETT.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM MAY 1-7, 2022 AS COMPOST AWARENESS
WEEK IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 829, RULES
AT THE REQUEST OF MR. JONES.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM MAY 1-7, 2022 AS CORRECTIONAL OFFICERS AND
EMPLOYEES WEEK IN THE STATE OF NEW YORK, IN CONJUNCTION WITH THE
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NYS ASSEMBLY MAY 5, 2022
OBSERVANCE OF NATIONAL CORRECTIONAL OFFICERS AND EMPLOYEES WEEK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 830, RULES
AT THE REQUEST OF MR. DESTEFANO.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM MAY, 2022 AS TEEN SELF-ESTEEM MONTH IN
THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 831, RULES
AT THE REQUEST OF MS. ROSENTHAL.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM MAY, 2022 AS BE KIND TO ANIMALS MONTH
IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 832, RULES
AT THE REQUEST OF MS. BICHOTTE HERMELYN.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM MAY, 2022 AS HAITIAN HERITAGE MONTH IN
THE STATE OF NEW YORK.
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NYS ASSEMBLY MAY 5, 2022
ACTING SPEAKER AUBRY: MS. BICHOTTE
HERMELYN ON THE RESOLUTION.
MS. BICHOTTE HERMELYN: THANK YOU, MR.
SPEAKER, FOR ALLOWING ME TO SPEAK ON THIS RESOLUTION THAT ESTABLISHES
THE MONTH OF MAY AS HAITIAN HERITAGE MONTH IN NEW YORK. THE
DESIGNATION OF HAITIAN HERITAGE MONTH COMMEMORATES THE HEART AND
SOUL OF THE PEOPLE OF HAITI HERE IN NEW YORK AND OUR HOME COUNTRY,
THE ISLAND OF HAITI, THE FIRST BLACK REPUBLIC. IT COMMEMORATES LEADERS
LIKE JEAN-JACQUES DESSALINES WHO DEFEATED NAPOLEON AND FRENCH
COLONISTS AT THE BATTLE OF VERTIÈRES IN 1803, SETTING THE STAGE FOR
FREEDOM ACROSS THE AMERICAS. GENERAL TOUSSAINT L'OUVERTURE WHO
COMMANDED HIS REVOLUTIONARY ARMY TO VICTORY. AND HAITIAN WOMEN
REVOLUTIONARIES LIKE MARIE-JEANNE LAMARTINIÉRE WHO FOUGHT AS A
SOLDIER IN THE INDIGENOUS ARMY, AND CATHERINE FLON, A NURSE WHO, LIKE
BETSY ROSS, IS CREDITED WITH CRAFTING A FLAG, THE INDEPENDENT BLACK
REPUBLIC OF HAITI FLAG IN 1803. AND JEAN-BAPTIST-DU SABLE, THE FIRST
SETTLER OF CHICAGO KNOWN AS THE FATHER OF CHICAGO. WE COMMEMORATE
JEAN-MICHEL BASQUIAT, ONE OF THE DEFINING ARTISTS OF THE 20TH CENTURY,
AND JACKSON GEORGE, A PAINTER, BOTH HAITIAN. AND OUR MODERN-DAY
LEADERS LIKE ACTOR JAMIE HECTOR AND REPORTER VLADIMIR DUTHIERS WHO
CELEBRATE OUR FOOD LIKE CREOLE, BLACK RICE, PLANT -- PLANTAINS, GRENADIER
JUICE AND RUM, OF COURSE. (INAUDIBLE) SOUP JOUMOU, WHICH WE DRINK ON
INDEPENDENCE DAY. WE CELEBRATE THE NATURE OF OUR PEOPLE TO SERVE AS
HEALTHCARE HEROES, A GREAT NUMBER WHO SERVED ON THE FRONT LINE DURING
THE WORST DAYS OF THE PANDEMIC AS DOCTORS, NURSES AND HOME
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NYS ASSEMBLY MAY 5, 2022
HEALTHCARE AIDES. WE ALSO CELEBRATE THE GROWING NUMBER OF
HAITIAN-AMERICAN LEGISLATORS, PUBLIC OFFICIALS AND ELECTEDS ACROSS THE
STATE OF NEW YORK. NEW YORK IS A SYMBOL OF FREEDOM TO PEOPLE
WORLDWIDE, AND HAITI WAS THE FIRST FREE BLACK NATION IN THE WESTERN
HEMISPHERE. WE, AS A PEOPLE, HAVE BEEN FIGHTING FOR OUR FREEDOM FOR
GENERATIONS AFTER GENERATIONS, INCLUDING FOR AMERICA WHEN WE FOUGHT
ALONGSIDE THE UNION IN THE BATTLE OF SAVANNAH. WE SEIZED THE BEACON
OF FREEDOM THAT AMERICA PROMISED. WE HELPED CREATE IT. WITHOUT THE
REVOLT IN HAITI, JEFFERSON, MONROE WOULD NEVER HAVE BEEN ABLE TO GET
THE BARGAIN THAT THEY DID UNDER THE LOUISIANA PURCHASE.
WE ARE THANKFUL WE ARE FINALLY RECOGNIZING MAY AS
HAITI [SIC] HERITAGE MONTH, THE MONTH THAT WE ALSO CELEBRATE HAITIAN
FLAG DAY, WHICH IS ON MAY 18TH. AND ALSO HAITIAN UNITY DAY IN
ALBANY. ALTHOUGH THIS HAS NOT BEEN AN EASY TIME FOR HAITIANS, WE
REMAIN RESILIENT. AND AS THE FIRST HAITIAN-AMERICAN WOMAN TO BE
ELECTED IN NEW YORK CITY AND FIRST FROM NEW YORK CITY TO SERVE IN
ALBANY AS A STATE LEGISLATOR AND AS A PROUD RESIDENT OF LITTLE HAITI
BROOKLYN, WHICH RECENTLY WELCOMED THE TRAIN STATION REDEDICATION THAT
IS NOW NAMED LITTLE HAITI, NEWKIRK AVENUE, AND WITH THE SURROUNDING
STREETS THAT ARE NAMED AFTER OUR BLACK REVOLUTIONARIES.
I THANK YOU ALL SUPPORTING THIS RECOGNITION OF OUR
CULTURE AND HISTORY. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
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NYS ASSEMBLY MAY 5, 2022
THE CLERK: ASSEMBLY RESOLUTION NO. 833, RULES
AT THE REQUEST OF MR. SALKA.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM OCTOBER 23-29, 2022 AS RESPIRATORY CARE
WEEK IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: MR. SALKA ON THE
RESOLUTION.
MR. SALKA: THANK YOU, MR. SPEAKER. AND I WANT
TO TAKE THIS OPPORTUNITY TO PROCLAIM MY PRIDE IN BEING A MEMBER OF A
TEAM OF HEALTHCARE WORKERS AS A REGISTERED RESPIRATORY THERAPIST FOR
MORE THAN 32 YEARS. OVER THE PAST TWO YEARS WE'VE REALIZED THE
IMPORTANCE OF OUR HEALTHCARE TEAMS, AND RESPIRATORY THERAPISTS HAVE
BEEN AN INTEGRAL PART OF THOSE TEAMS. WE USUALLY TAKE CARE OF PATIENTS
WITH CHRONIC LUNG DISEASES, ACUTE LUNG DISEASES, TRAUMA, ANYWHERE
FROM INFANTS TO GERIATRICS. AND WE DO A GOOD JOB. IN MY CAREER AS A
RESPIRATORY THERAPIST I'VE BEEN AN ASTHMA EDUCATOR, WORKED CRITICAL
CARE, WORKED NEONATAL INTENSIVE CARE, WAS ABLE TO HELP LITERALLY
THOUSANDS OF PEOPLE THROUGH ISSUES THAT THEY HAD WITH THEIR BREATHING.
AND WE KNOW IN THE CURRENT SITUATION WITH THE PANDEMIC, RESPIRATORY
THERAPISTS PLAYED A VERY, VERY IMPORTANT ROLE IN SAVING MANY, MANY
LIVES.
SO I JUST WANT TO PROCLAIM THIS -- ACTUALLY, OCTOBER --
TO BE RESPIRATORY CARE MONTH [SIC] IN THE STATE OF NEW YORK, AND I
STAND WITH MY COLLEAGUES, I STAND WITH MY FELLOW TEAM MEMBERS TO
MAKE SURE THAT WE DO THE BEST JOB THAT WE CAN TO TAKE CARE OF THE
12
NYS ASSEMBLY MAY 5, 2022
HEALTH NEEDS OF THE PEOPLE OF OUR COMMUNITIES. AGAIN, I STAND AS A
PROUD RESPIRATORY THERAPIST. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. MILLER ON THE
RESOLUTION.
MR. MILLER: THANK YOU, MR. SPEAKER. ON THE
RESOLUTION. I WOULD LIKE TO THANK THE GOVERNOR AND THE SPONSOR, MR.
SALKA, FOR MAKING THE WEEK OF OCTOBER 23RD THROUGH THE 29TH
RESPIRATORY CARE WEEK IN NEW YORK STATE. AS YOU ALL KNOW, I HAVE
MY LIFE TO THANK WITH FOR THE RESPIRATORY CARE THAT I -- I WAS GIVEN TWO
YEARS AGO WHEN I CAME DOWN WITH COVID. SO I CAN'T SAY ENOUGH.
WE SHOULD MAKE IT RESPIRATORY CARE YEAR HERE IN NEW YORK STATE.
SO THANK YOU -- THANK YOU, GOVERNOR AND THANK YOU,
MR. SALKA, FOR THE RESOLUTION.
(APPLAUSE)
ACTING SPEAKER AUBRY: THANK YOU, SIR.
ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.
FOR THE PURPOSES OF AN INTRODUCTION, MS. SOLAGES.
MS. SOLAGES: THANK YOU, MR. SPEAKER, FOR
ALLOWING ME TO INTERRUPT THE PROCEEDINGS. YOU KNOW, THERE'S A SAYING,
IF [SIC] THERE IS A NEED, THERE IS A LION. AND SO TODAY WE'RE ACTUALLY
JOINED BY A FINE GENTLEMAN WHO BOTH MYSELF AND ASSEMBLYWOMAN
WEINSTEIN WOULD LOVE TO GIVE AN INTRODUCTION FOR. DOUG ALEXANDER,
WHO WAS BORN IN BROOKLYN, WAS NAMED AND HAS BEEN A MEMBER OF THE
BEDFORD-STUYVESANT LIONS CLUB SINCE 1984, WAS ACTUALLY ELECTED TO THE
13
NYS ASSEMBLY MAY 5, 2022
INTERNATIONAL PRESIDENT'S POSITION OF A LIONS CLUB INTERNATIONAL
ASSOCIATION. AND DURING THE 2021 CONVENTION HE WAS ACTUALLY
APPOINTED THE INTERNATIONAL PRESIDENT. AND SO MR. ALEXANDER HAS
DEMONSTRATED DEDICATION TO THE ASSOCIATION THROUGH THE VARIOUS ROLES,
INCLUDING PRESIDENT, ZONE CHAIR, REGIONAL CHAIR, VICE DISTRICT
GOVERNOR, DISTRICT GOVERNOR, CABINET SECRETARY, CABINET SECRETARY
TREASURER AND DGE GROUP LEADER. SO YOU SHOULD KNOW THAT HE IS A
DEDICATED INDIVIDUAL. AND IN ADDITION TO HIS LIONS ACTIVITIES, DOUG
ALEXANDER IS AN ACTIVE -- AN ACTIVE MEMBER IN NUMEROUS PERSONAL
ORGANIZATIONS, COMMUNITY ORGANIZATIONS. AND HE ALSO SERVED AS
CHAIRPERSON OF AN ADVISORY BOARD OF THE NEW YORK URBAN LEAGUE AND
AS A BOARD MEMBER OF THE ST. FRANCIS DE SALES SCHOOL OF THE DEAF. HE
IS ALSO A RECIPIENT OF A CONGRESSIONAL RECORD AWARD. AND I MUST NOTE
THAT IN THE 100-PLUS YEARS OF THE LIONS CLUB ORGANIZATION, DOUG
ALEXANDER IS ACTUALLY THE FIRST AFRICAN-AMERICAN APPOINTED TO THIS
POSITION.
AND SO PLEASE, MR. SPEAKER, CAN YOU GIVE HIM THE
CORDIALITIES OF THE HOUSE. YOU KNOW, THIS IS A FINE GENTLEMAN, A FINE
NEW YORKER THAT GIVES BACK IN SO MANY DIFFERENT WAYS IN SO MANY
DIFFERENT CAPACITIES, AND SO WE APPRECIATE THAT LIONS IS A GLOBAL FORCE
FOR GOOD.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MS. SOLAGES, THE SPEAKER AND ALL THE MEMBERS, SIR, WE EXTEND TO
YOU THE PRIVILEGES OF THE FLOOR. WE WELCOME YOU HERE TO THE NEW
YORK STATE ASSEMBLY. WE ARE IN AWE OF THE MANY ROLES THAT YOU HAVE
14
NYS ASSEMBLY MAY 5, 2022
PLAYED. YOU HAVE MORE TITLES THAN ANYBODY I'VE EVER HEARD. AND
CONGRATULATIONS, SIR, ON THOSE ACCOMPLISHMENTS, AND WE HOPE THAT YOU
WILL CONTINUE TO CONTRIBUTE TO THE WELFARE AND THE BENEFIT OF BOTH YOUR
COMMUNITY AND THE STATE AT-LARGE. THANK YOU SO VERY MUCH FOR YOUR
SERVICE. THANK YOU, SIR.
(APPLAUSE)
PAGE 13, CALENDAR NO. 113, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A03081, CALENDAR NO.
113, MRS. PEOPLES-STOKES. AN ACT TO AMEND THE REAL PROPERTY ACTIONS
AND PROCEEDINGS LAW, IN RELATION TO PROHIBITING THE REGISTRATION OF
MORTGAGES IN DEFAULT PRIOR TO THE FILING OF A NOTICE OF PENDENCY.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED.
MRS. PEOPLES-STOKES: THIS BILL PROHIBITS
MUNICIPALITIES FROM CREATING A REGISTRY OF RESIDENTIAL MORTGAGES IN
DEFAULT PRIOR TO THE MORTGAGE LENDER ACTUAL FILING A NOTICE OF PENDENCY
IN COURT, AND IT PUTS IN PLACE A SENSIBLE RULE SUCH AS A REGISTRY -- WHEN A
REGISTRY IS CREATED TO PROHIBIT FINES BEING PUT ON A MORTGAGOR UNTIL THIS
PROCESS IS GOING THROUGH A COURT PROCEEDING. AND IT ALSO LIMITS THESE
FEES THAT A REGISTRY CAN COLLECT TO $75.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD
THE SPONSOR YIELD?
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES,
WILL YOU YIELD?
15
NYS ASSEMBLY MAY 5, 2022
MRS. PEOPLES-STOKES: OF COURSE I WILL.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. GOODELL: THANK YOU.
MRS. PEOPLES-STOKES: YOU'RE WELCOME.
MR. GOODELL: THERE'S ACTUALLY TWO PARTS TO THIS
BILL AS I UNDERSTAND IT. THE FIRST PART PROHIBITS A -- A BANK OR A LENDER
FROM FILING A NOTICE THAT A MORTGAGE IS IN DEFAULT UNTIL AFTER THEY'VE
FILED A LIS PENDENS. AND FOR THOSE WHO AREN'T FAMILIAR, A LIS PENDENS IS
A FILING WITH THE COUNTY CLERK THAT CONFIRMS THAT A MORTGAGE
FORECLOSURE ACTION HAS BEEN FORMALLY COMMENCED.
MRS. PEOPLES-STOKES: I THINK IT PROHIBITS THE
MUNICIPALITY AND THE AGENCY THAT THEY CONTRACTED WITH FROM PURSUING
DEFAULT UNTIL THE BANK HAS ACTUALLY GONE TO COURT.
MR. GOODELL: CORRECT. AND -- AND THANK YOU FOR
THAT CLARIFICATION. WHY -- WHY DON'T WE WANT THOSE IN THE MUNICIPALITY
TO KNOW THAT A MORTGAGE IS IN DEFAULT PRIOR TO THE ACTUAL
COMMENCEMENT OF A FORECLOSURE ACTION?
MRS. PEOPLES-STOKES: BY THE WAY, WE DO WANT
THEM TO KNOW THAT BECAUSE SOMETIMES THESE MORTGAGES THAT ARE IN
DEFAULT, IT'S PROPERTY THAT'S OWNED BY SOMEONE WHO LIVES IN CALIFORNIA
AND HAS NO INTENTION ON MAINTAINING IT AND IT BECOMES A ZOMBI
PROPERTY. BUT SOMETIMES THAT PROPERTY OWNER IS ACTUALLY MRS. JONES
WHO LIVES THERE BUT HAS MISSED A COUPLE OF PAYMENTS AND DOES NOT
DESERVE TO BE CHARGED A FEE AND/OR BROUGHT INTO COURT ABOUT BEING IN
DEFAULT WHEN THE BANK HASN'T PUT IT THERE.
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NYS ASSEMBLY MAY 5, 2022
MR. GOODELL: SO WITH REGARD TO THE SECOND
COMPONENT, BECAUSE THERE ARE TWO COMPONENTS; ONE IS FILING A -- FILING
A NOTICE WITH THE MUNICIPALITY OR REGISTERING THAT THE MORTGAGE IS IN
DEFAULT. THE SECOND ONE DEALS WITH THE FEES. LET'S DEAL WITH THE
SECOND ISSUE. YOU -- YOU NOTE THAT WHAT THIS BILL WOULD DO IS PROHIBIT
A LENDER FROM CHARGING THE OWNER ANY FEE, PASSING ON ANY FEE FOR THE
REGISTRATION, AND WOULD ALSO LIMIT THE AMOUNT OF THE FEE CHARGED TO THE
BANK OR THE LENDER TO $75, CORRECT?
MRS. PEOPLES-STOKES: CORRECT.
MR. GOODELL: SO THEN MY QUESTION IS, IF A LENDER
IS REQUIRED BY LAW TO REGISTER A MORTGAGE THAT'S IN DEFAULT AND IT'S NOT
THE LENDER'S FAULT THAT THE MORTGAGE IS IN DEFAULT, WHY SHOULD THE LENDER
BE CHARGED THE FEE AND NOT THE PERSON WHO'S IN DEFAULT?
MRS. PEOPLES-STOKES: IT ACTUALLY SHOULD BE THE
AGENCY THAT THE LENDER HIRED. IT SHOULD NOT BE THE MORTGAGOR WHO HAS
NOT BEEN ACTUALLY, I WOULD SAY, TAKEN INTO COURT AND HAVE TO HAVE THEIR
PROPERTY PUT INTO DEFAULT.
MR. GOODELL: RIGHT. SO IF A MORTGAGOR --
MRS. PEOPLES-STOKES: SO IT'S THE AGENCY THAT
WAS HIRED BY THE MUNICIPALITY TO COLLECT THESE FEES THAT SHOULD BE
PROHIBITED FROM COLLECTING THEM.
MR. GOODELL: WELL, THEY'RE NOT PROHIBITED FROM
COLLECTING THEM, THEY'RE AUTHORIZED TO CHARGE A $75 FEE, CORRECT?
MRS. PEOPLES-STOKES: THAT'S MAX.
MR. GOODELL: AND THAT FEE, THOUGH, HAS TO BE
17
NYS ASSEMBLY MAY 5, 2022
PAID BY THE LENDER. THE BANK OR THE LENDER.
MRS. PEOPLES-STOKES: YES. IT SHOULD NOT BE
PAID BY THE MORTGAGOR.
MR. GOODELL: AND SO WHY -- AS A MATTER OF
PUBLIC POLICY, WHY SHOULD A BANK WHO DIDN'T DO ANYTHING WRONG BE
REQUIRED TO PAY THE $75 FEE RATHER THAN THE BORROWER OR THE MORTGAGOR
WHO IS THE ONE THAT'S IN DEFAULT?
MRS. PEOPLES-STOKES: WELL, BY THE WAY, VERY
OFTEN BANKS DIDN'T DO ANYTHING WRONG EXCEPT THEY HAVE ALLOWED
PROPERTIES TO SIT BLIGHTED IN PEOPLE'S COMMUNITIES FOR MONTHS, YEARS
AND SOMETIMES DECADES, THAT THEY SHOULD BE HELD RESPONSIBLE FOR THAT
BY THE MUNICIPAL GOVERNMENT. SO I DO THINK THAT THEY SHOULD HAVE TO
PAY SOMETHING.
MR. GOODELL: OKAY. NOW JUST SO WE'RE CLEAR ON
-- IN TERMS OF THE WAY THE CURRENT PROCESS WORKS, AM I CORRECT THAT IF
SOMEONE IS IN DEFAULT ON THEIR MORTGAGE, THEY'RE NOT PAYING THEIR
MORTGAGE, OF COURSE THE BANK DOESN'T START A MORTGAGE FORECLOSURE
ACTION ON DAY ONE.
MRS. PEOPLES-STOKES: I'M SORRY, COULD YOU
START OVER ON THAT?
MR. GOODELL: SURE. I'M LOOKING AT HOW
MORTGAGE FORECLOSURES PROCEED. IF SOMEONE ISN'T PAYING THEIR
MORTGAGE, LET'S SAY THE MORTGAGE IS DUE ON THE FIRST OF THE MONTH AND
THEY MISS THAT PAYMENT, A BANK DOESN'T AUTOMATICALLY START A MORTGAGE
FORECLOSURE ACTION BECAUSE IT'S EXPENSIVE. SO THEY SEND OUT A NOTICE
18
NYS ASSEMBLY MAY 5, 2022
AND IT SAYS -- IT SAYS, YOU KNOW, YOU HAVEN'T PAID US. PLEASE REMIT.
AM I CORRECT THAT TYPICALLY BANKS DON'T EVEN START A MORTGAGE
FORECLOSURE PROCESS UNTIL THE BORROWER OR THE HOMEOWNER HAS MISSED
TWO OR THREE MONTHLY PAYMENTS?
MRS. PEOPLES-STOKES: I THINK THAT YOU ARE
CORRECT ABOUT THAT, BUT PERHAPS SOME OF THE AGENCIES THAT ARE
CONTRACTED BY MUNICIPALITIES MAY BE A LITTLE OVER EAGER AND MOVE
BEFORE THE BANKS MOVE, THEREBY ENDING UP WITH A FEE ON THE MORTGAGOR
THAT SHOULD NOT BE THERE. AND SO THE PURPOSE OF THIS BILL IS NOT
NECESSARILY TO TAKE AWAY BANKS' AUTHORITIES TO MOVE INTO A DEFAULT OR TO
TAKE AWAY MUNICIPALITIES' ABILITIES TO HIRE A REGISTERING AGENCY IF THEY
WANT TO KEEP A RECORD OF WHO OWNS WHAT AND WHO'S PAYING WHAT IN
THEIR COMMUNITY. THE PURPOSE OF THIS BILL IS TO PROTECT THE HOMEOWNER
OR AN OCCUPANT OF THE PROPERTY. IT'S NOT A ZOMBI PROPERTY, IT'S NOT
VACANT. WE HAVE NO IDEA WHAT PEOPLE JUST WENT THROUGH AS A RESULT OF
THE PANDEMIC AND THEIR ABILITY. MAYBE THEY DID MISS A MONTH OR TWO
OF RENT -- OF -- OF MORTGAGE PAYMENT, BUT IT SHOULD NOT MEAN THAT THEY
WOULD END UP NEEDING TO PAY AN ADDITIONAL FEE WHEN THEY'RE ALREADY
BEING CHALLENGED TO PAY THEIR MORTGAGE.
MR. GOODELL: OKAY. THANK YOU VERY MUCH, MRS.
PEOPLES-STOKES.
MRS. PEOPLES-STOKES: YOU'RE VERY WELCOME.
MR. GOODELL: ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. GOODELL: THERE'S TWO ASPECTS OF THIS BILL, AS I
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NYS ASSEMBLY MAY 5, 2022
MENTIONED. THE FIRST ONE SAYS THAT A MUNICIPALITY CANNOT REQUIRE A
BANK OR A LENDER TO NOTIFY THE MUNICIPALITY AND PUT ON A REGISTRY THAT A
BANK -- OR THAT A MORTGAGE IS IN FORECLOSURE UNTIL AFTER THE BANK
ACTUALLY STARTS THE LAWSUIT. AND OF COURSE ONCE THEY START THE LAWSUIT,
THE LAWSUIT ITSELF IS PUBLIC KNOWLEDGE. THE PROBLEM IS TWO-FOLD. FIRST,
UNDER THE CURRENT PROCESS THAT WE HAVE IN NEW YORK STATE, MOST BANKS
DON'T START A LEGAL FORECLOSURE UNTIL THE MORTGAGE IS 120 TO 180 DAYS
PAST DUE. IN FACT, THEY ARE NOT ALLOWED UNDER NEW YORK LAW TO FILE A
FORECLOSURE ACTION UNTIL THEY GIVE 90 DAYS ADVANCE NOTICE TO THE
HOMEOWNER THAT THE HOMEOWNER IS IN DEFAULT. AND THAT 90-DAY NOTICE
TYPICALLY DOESN'T GO OUT UNTIL THE HOMEOWNER'S IN DEFAULT BY 60 TO 90
DAYS. SO WE'RE ALREADY STARTING OUT SIX MONTHS LATE. SO WHY DOES IT
MAKE SENSE TO HAVE A MORTGAGE THAT'S IN DEFAULT RECORDED WITH THE LOCAL
MUNICIPALITY BEFORE THE LAWSUIT IS STARTED? AND THE ANSWER IS SIMPLE.
WE WANT TO PROTECT INNOCENT TENANTS. WE WANT TO PROTECT INNOCENT
BUYERS. AND SO WHEN A PROPERTY IS FACING A POTENTIAL MORTGAGE
FORECLOSURE, DURING THAT SIX MONTHS WHEN THEY AREN'T PAYING THEIR
MORTGAGE THERE'S A LOT OF HOMEOWNERS THAT WILL RENT THEIR HOUSE TO A
TENANT. AND A TENANT COMES IN COMPLETELY INNOCENT, MOVES THEIR
FAMILY IN, STARTS PAYING RENT ONLY TO DISCOVER THAT THE HOMEOWNER ISN'T
PAYING THE MORTGAGE. AND OF COURSE THE HOMEOWNER IS COLLECTING THE
RENT, NOT PASSING IT ON TO THE BANK AND THE TENANT IS THE ONE THAT'S GOING
TO BE THROWN OUT OF THE HOUSE. SO THE FIRST REASON WE WANT TO MAKE
SURE THAT THIS NOTICE IS AS SOON AS POSSIBLE IS TO PROTECT INNOCENT TENANTS
SO THEY DON'T MOVE INTO A HOUSE THAT'S ON THE VERGE OF FORECLOSURE.
20
NYS ASSEMBLY MAY 5, 2022
THE SECOND REASON WHY EARLY NOTIFICATION IS GREAT AND WHY A LOT OF
LOCAL MUNICIPALITIES WANT IT IS BECAUSE THE MUNICIPALITY WANTS TO KNOW
WHETHER OR NOT ANYONE IS TAKING CARE OF THAT PROPERTY. AND AS WE ALL
KNOW, WHEN A PROPERTY IS GOING INTO MORTGAGE FORECLOSURE ONE OF THE
FIRST THINGS THAT HAPPENS IS THE HOMEOWNER STOPS TAKING CARE OF THE
PROPERTY. AND SO BY NOTIFYING THE MUNICIPALITY EARLY IN THE PROCESS
THAT THERE'S A PROBLEM WITH A MORTGAGE, THE MUNICIPALITY CAN KEEP AN
EYE ON IT AND MAKE SURE IT DOESN'T BECOME A ZOMBIE PROPERTY. SO IT'S
REALLY IMPORTANT TO PROTECT INNOCENT TENANTS, AND IT'S REALLY IMPORTANT TO
PROTECT INNOCENT POTENTIAL BUYERS, AND IT'S REALLY IMPORTANT TO PROTECT
MUNICIPALITIES THAT THIS NOTICE BE FILED AS SOON AS POSSIBLE.
WITH REGARD TO THE SECOND COMPONENT OF THIS, WHAT
THIS SAYS IS THAT IF THE BORROWER GOES IN DEFAULT AND THE BANK IS REQUIRED
TO NOTIFY THE MUNICIPALITY THAT THE MORTGAGE IS IN DEFAULT, THE BORROWER
WHO IS THE ONE THAT'S IN DEFAULT CANNOT BE CHARGED THE FEE OF NOTIFYING
THE MUNICIPALITY. SO, A BORROWER WHO VIOLATES THEIR CONTRACT, WHO'S IN
DEFAULT, WHO IS NO LONGER TAKING CARE OF THEIR PROPERTY, THEY GET AWAY
SCOT-FREE. AND THE INNOCENT BANK WHOSE ONLY MISTAKE WAS TO TRUST THE
BORROWER IN THE FIRST PLACE AND MAKE A LOAN IN THE FIRST PLACE ENDS UP
PAYING ONE MORE FEE.
SO IN ORDER TO PROTECT INNOCENT TENANTS FROM MOVING
INTO A HOUSE THAT'S ABOUT TO BE FORECLOSED, IN ORDER TO PROTECT
MUNICIPALITIES WHO NEED TO KNOW AS SOON AS POSSIBLE ABOUT A POTENTIAL
ZOMBIE PROPERTY, AND TO ENSURE THAT THOSE WHO ARE THE ONES THAT ARE
DEFAULTING PAY FOR THE DEFAULT AND NOT AN INNOCENT THIRD PARTY, I
21
NYS ASSEMBLY MAY 5, 2022
RECOMMEND AGAINST THIS BILL. THANK YOU, MR. SPEAKER, AND AGAIN,
THANK YOU TO THE SPONSOR.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, SIR. ON THE
BILL. A FEW YEARS AGO WE FOUND THAT ZOMBIE PROPERTIES, PARTICULARLY IN
INNER-CITY COMMUNITIES AND SOME RURAL COMMUNITIES WERE LITERALLY
WREAKING HAVOC. AND SO IN AN EFFORT TO TRY AND DEAL WITH THAT, THESE
REGISTRIES, DEFAULT REGISTRIES WERE CREATED TO HELP MUNICIPALITIES BE ABLE
TO KEEP UP WITH, YOU KNOW, WHO OWNS THE PROPERTY AND WHERE THEY ARE
IN TERMS OF PAYMENT. AND AS AN UNINTENDED CONSEQUENCE, A LOT OF
OCCUPANTS WHO ACTUALLY OWNED THE PROPERTY AND HOMEOWNERS BEGAN TO
RECEIVE BILLS THAT THEY HAD TO PAY THIS REGISTRY ORGANIZATION FOR
REPORTING TO THE CITY THAT THEY HAD MISSED THE PAYMENT ON THEIR
MORTGAGE. THAT WAS NOT THE INTENTION OF THE REGISTRIES IN THE
BEGINNING. AND SO THIS PIECE OF LEGISLATION SEEKS TO ADDRESS THAT AND
NOT HAVE THIS HOMEOWNER PAYING THE REGISTRY ORGANIZATION THAT WAS
HIRED TO SEND THE CITY A NOTICE THAT THEY MISSED THEIR MORTGAGE
PAYMENT. BECAUSE NOT ONLY ARE THEY PAYING THEIR MORTGAGE PAYMENT
NOW, BUT THEY SHOULD NOT ALSO HAVE AN ADDITIONAL FEE ADDED TO THAT.
AND SO THIS IS WHAT THIS LEGISLATION IS DESIGNED TO DEAL WITH. AND IT
ALSO PUTS AN ANNUAL MAXIMUM ON THE REGISTRATION FEE THAT THE AGENCIES
CAN COLLECT. A LOT OF GOOD AGENCIES HAVE BEEN CREATED OUT OF THIS
LEGISLATION THAT WE CREATED SOME YEARS AGO, AND THEY DO -- ARE
PROVIDING A GOOD SERVICE TO MUNICIPALITIES. BUT THERE'S THIS SMALL
PLACE IN THERE WHERE PEOPLE ARE BEING NEGATIVELY IMPACTED THAT IT
22
NYS ASSEMBLY MAY 5, 2022
WASN'T INTENDED TO NEGATIVELY IMPACT. WE WOULD LIKE TO READDRESS THAT
WITH THIS BILL. I WOULD ALSO NOTE THAT THE NEW YORK MORTGAGE BANKERS
ASSOCIATION SUPPORTS THIS AGENDA BECAUSE BANKS DO NOT DESIRE TO BE AN
ADDITIONAL BURDEN ON PEOPLE WHO THEY HOLD MORTGAGES FOR. THEY
DESIRE TO WORK WITH THE MUNICIPALITIES TO HELP FIGURE OUT WAYS TO DEAL
WITH ZOMBIE PROPERTIES.
AND SO AGAIN, MR. SPEAKER, I WOULD URGE PEOPLE TO,
YOU KNOW, CONSIDER SUPPORTING THIS PIECE OF LEGISLATION IN THE INTEREST
OF HOMEOWNERS ACROSS THE STATE OF NEW YORK WHO MAY HAVE BEEN
NEGATIVELY IMPACTED BY AN ANTI-ZOMBIE PROPERTY LEGISLATION THAT WE
PASSED SOME YEARS AGO. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 3081. 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 BILL. BUT THOSE WHO SUPPORT IT
ARE CERTAINLY WELCOME TO VOTE YES ON THE FLOOR OR BY CALLING THE
MINORITY LEADER'S OFFICE IF THEY HAVE BEEN COVID-IMPACTED.
THANK YOU, SIR.
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NYS ASSEMBLY MAY 5, 2022
ACTING SPEAKER AUBRY: THANK YOU.
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 WOULD DESIRE
TO BE AN EXCEPTION. THEY SHOULD FEEL COMFORTABLE CONTACTING THE
MAJORITY LEADER'S OFFICE AND WE'LL MAKE SURE THEIR VOTE IS PROPERLY
RECORDED.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, SIR. I FULLY SUPPORT MY
COLLEAGUE'S DESIRE TO LIMIT THE FEES THAT ARE CHARGED FOR THESE MORTGAGE
DELINQUENT REGISTRATIONS. FULLY SUPPORT THE REQUEST AND SUGGESTION THAT
WE SHOULD LIMIT THOSE FEES. AND IF THIS BILL WERE LIMITED TO THAT ISSUE IT
WOULD HAVE MY FULL AND UNEQUIVOCAL AND ENTHUSIASTIC SUPPORT.
UNFORTUNATELY, THIS BILL GOES FURTHER THAN THAT AND PROVIDES THAT AND
MAKES IT ILLEGAL TO NOTIFY THE MUNICIPALITY UNTIL THE FORECLOSURE ACTION
HAS ALREADY COMMENCED. AND AS I NOTED, THAT IS TYPICALLY ANYWHERE
FROM SIX TO NINE MONTHS AFTER THE MORTGAGE GOES INTO DEFAULT. AND THAT
LONG DELAY IN EVEN LETTING THE MUNICIPALITY KNOW THAT A MORTGAGE IS
GOING INTO DEFAULT CREATES A HOST OF UNINTENDED CONSEQUENCES,
INCLUDING HURTING INNOCENT TENANTS, HURTING POTENTIAL NEW HOMEBUYERS
24
NYS ASSEMBLY MAY 5, 2022
AND HURTING THE MUNICIPALITY BY DELAYING THAT NOTICE. SO I HOPE THAT IN
THE FUTURE WE'LL SEE A SEPARATE BILL ELIMINATING THE FEE, WHICH WE'LL
ENTHUSIASTICALLY SUPPORT WITHOUT INADVERTENTLY HURTING INNOCENT TENANTS
OR HOMEOWNERS OR THE MUNICIPALITY BY DELAYING THIS NOTICE FROM
ANYWHERE FROM SIX TO NINE MONTHS.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU. MR.
GOODELL IN THE NEGATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 27 [SIC], CALENDAR NO. 222, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A06666, CALENDAR NO.
222, JOYNER, MITAYNES, ENGLEBRIGHT. AN ACT TO AMEND THE LABOR LAW,
IN RELATION TO THE RECOVERY OF OVERPAYMENTS OF UNEMPLOYMENT BENEFITS;
AND TO REPEAL CERTAIN PROVISIONS OF SUCH LAW RELATING THERETO.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MS. JOYNER.
MS. JOYNER: SURE. THIS BILL WILL ESTABLISH THAT A
CLAIMANT SHALL NOT BE HELD LIABLE FOR OVERPAYMENTS OF STATE OR FEDERAL
UNEMPLOYMENT BENEFITS IF THE OVERPAYMENT WAS NOT DUE TO FRAUD OR
FAULT ON THE PART OF THE CLAIMANT, AND IF RECOVERY OF SUCH OVERPAYMENT
WOULD BE AGAINST EQUITY AND GOOD CONSCIENCE. IN DECEMBER OF 2020
THE FEDERAL GOVERNMENT AUTHORIZED STATES TO FORGIVE OVERPAYMENT OF
PANDEMIC UNEMPLOYMENT ASSISTANCE BENEFITS THAT WERE RECEIVED
25
NYS ASSEMBLY MAY 5, 2022
WITHOUT THE FAULT OR FRAUD ON THE PART OF THE CLAIMANT. HOWEVER, UNDER
CURRENT LAW NEW YORK STATE ONLY ADJUSTS OVERPAYMENT OF STATE
BENEFITS. THIS BILL WOULD REQUIRE THE DEPARTMENT OF LABOR TO WAIVE
OVERPAYMENTS OF FEDERAL AND STATE BENEFITS, PROVIDING THAT THE
CLAIMANT HAD NOT OBTAINED SUCH BENEFITS IN A FRAUDULENT MANNER.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. WOULD THE SPONSOR
YIELD?
ACTING SPEAKER AUBRY: MS. JOYNER, WILL YOU
YIELD?
MS. JOYNER: YES.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. GOODELL: THANK YOU VERY MUCH, MS. JOYNER.
I HAD A COUPLE OF QUESTIONS THAT MAYBE YOU COULD HELP ME UNDERSTAND
THIS BILL. I UNDERSTAND THAT THIS BILL WOULD ONLY ALLOW A WAIVER OF THE
REPAYMENT IF THERE WAS NO FRAUD AND IT WAS RECEIVED WITHOUT DEFAULT ON
THE PART OF THE CLAIMANT, AND THE REPAYMENT WOULD BE CONTRARY TO
EQUITY AND GOOD CONSCIENCE. SO MY QUESTION IS, AM I CORRECT THAT NO
CLAIMANT WOULD EVER GET UNEMPLOYMENT BENEFITS UNLESS THE CLAIMANT
FILLED OUT AN APPLICATION? THEY DON'T JUST RANDOMLY SEND OUT CHECKS.
YOU HAVE TO FILE IN ORDER TO GET UNEMPLOYMENT.
MS. JOYNER: YES.
MR. GOODELL: AND SO UNDER WHAT CIRCUMSTANCES
WOULD A CLAIMANT IN GOOD FAITH FILL OUT A CLAIM FOR UNEMPLOYMENT
BENEFITS KNOWING THEY WERE STILL WORKING?
26
NYS ASSEMBLY MAY 5, 2022
MS. JOYNER: THIS BILL DOESN'T ADDRESS CLAIMANTS
THAT WERE WORKING DURING THE PANDEMIC. THESE ARE FOR CLAIMANTS WHO
MAY HAVE APPLIED FOR DIFFERENT PROGRAMS DURING THE PANDEMIC. SO, AT
THE TIME THE FEDERAL GOVERNMENT HAD A LOT OF DIFFERENT UNEMPLOYMENT
ASSISTANCE PROGRAMS THAT WERE, YOU KNOW, DISTRIBUTED AND AVAILABLE FOR
CLAIMANTS TO APPLY FOR. SO, MANY APPLIED, LET'S SAY, FOR PUA WHEN
THEY WERE SUPPOSED TO APPLY FOR REGULAR STATE UI OR REGULAR EXTENDED
FEDERAL UNEMPLOYMENT INSURANCE. SO THEY MAY HAVE APPLIED UNDER
THE WRONG PROGRAM, BUT THIS IS NOT FOR CLAIMANTS THAT WERE WORKING AT
THAT TIME, NO.
MR. GOODELL: BUT THIS ONLY APPLIES TO PAYMENTS
THAT WERE MADE THROUGH THE STATE'S UNEMPLOYMENT FUND, CORRECT?
MS. JOYNER: NO. IT'S -- IT'S THROUGH ALL. IT'S
FEDERAL AND STATE.
MR. GOODELL: WELL, I MEAN, THE STATE DOESN'T
HAVE ANY AUTHORITY TO WAIVE FUNDS THAT WERE RECEIVED FROM THE FEDERAL
GOVERNMENT, RIGHT? THAT'S ONLY -- I MEAN, THIS IS TALKING ABOUT --
SPECIFICALLY ABOUT THE NEW YORK STATE UNEMPLOYMENT COMPENSATION
FUND, RIGHT?
MS. JOYNER: RIGHT. IT'S FOR STATE AND EXTENDED
BENEFITS.
MR. GOODELL: OKAY. SO MY QUESTION, THEN, IS
UNDER WHAT CIRCUMSTANCE COULD A CLAIMANT IN GOOD FAITH APPLY FOR
UNEMPLOYMENT AND RECEIVE UNEMPLOYMENT CASH THAT THEY WERE NOT
ELIGIBLE FOR? I MEAN, IF YOU WERE UNEMPLOYED AND ELIGIBLE FOR NEW
27
NYS ASSEMBLY MAY 5, 2022
YORK STATE UNEMPLOYMENT YOU WERE ALSO AUTOMATICALLY ELIGIBLE FOR THE
FEDERAL SUPPLEMENT. BUT IF YOU WEREN'T ELIGIBLE FOR NEW YORK STATE,
YOU WOULDN'T HAVE BEEN ELIGIBLE FOR THE FEDERAL EITHER, CORRECT?
MS. JOYNER: THIS WOULD ALSO ADDRESS IF THERE WAS
AN AGENCY OVERSIGHT AND OVERPAYMENT. SO A PERSON WAS ONLY ELIGIBLE
FOR $200 BUT, IN FACT, RECEIVED $250. SO IT COULD BE ADMINISTRATIVE
ERRORS AS WELL.
MR. GOODELL: SO THIS APPLIES TO A SITUATION WHERE
THE CLAIMANT APPLIED FOR $200 AND THE DEPARTMENT OF LABOR SCREWED
UP AND SENT THEM $250.
MS. JOYNER: YES.
MR. GOODELL: IN THAT CASE, WHY DOESN'T THE
DEPARTMENT OF LABOR MAKE THE REFUND AND NOT THE UNEMPLOYMENT --
NOT WAIVE THE -- THE REPAYMENT? IN OTHER WORDS, YOU HAVE THE
UNEMPLOYMENT FUND. THE UNEMPLOYMENT FUND GOT BILLED 250 IN
YOUR SCENARIO, RIGHT, AND IT SHOULD HAVE ONLY BEEN BILLED 200. AND THE
REASON THE UNEMPLOYMENT FUND GOT BILLED TOO MUCH IS BECAUSE THE
DEPARTMENT OF LABOR SCREWED UP. SO WHY DOESN'T THIS BILL REQUIRE THE
STATE OF NEW YORK TO REIMBURSE THE UNEMPLOYMENT FUND FOR ANY
EXCESS PAYMENT?
MS. JOYNER: RIGHT. THAT'S NOT HOW THE CURRENT
SYSTEM WORKS. THAT WOULD MAYBE REQUIRE A SEPARATE PIECE OF
LEGISLATION. BUT CURRENTLY NOW, THE MONEY IS DISTRIBUTED TO THE
CLAIMANT AND THIS IS ABOUT THE STATE NOT GOING BACK AFTER THE CLAIMANT
TO RECOUP THIS FUNDING.
28
NYS ASSEMBLY MAY 5, 2022
MR. GOODELL: OKAY. NOW UNDER OUR CURRENT LAW
ALL PAYMENTS THAT ARE MADE ON THE UNEMPLOYMENT FUND HAVE TO BE
REPAID BY EMPLOYERS, CORRECT?
MS. JOYNER: YES.
MR. GOODELL: SO IF WE PASS THIS LEGISLATION AND
WE AS THE STATE DON'T APPROPRIATE ANY MONEY TO MAKE UP FOR THIS -- FOR
THIS DIFFERENCE, THEN YOU'RE BASICALLY ASKING ALL THE INNOCENT EMPLOYERS
TO PAY THAT EXTRA MONEY WITHOUT ANY COMPENSATION OR ANY REDRESS EVEN
THOUGH THEY NEVER MADE ANY MISTAKE AT ALL, CORRECT?
MS. JOYNER: I MEAN, AS YOU SEE UNDER BEST-CASE
SCENARIO IT WOULD BE BEST IF THE FEDERAL GOVERNMENT FORGAVE THESE
PAYMENTS MADE DURING THIS TIME, OR IF THERE WAS A SEPARATE
APPROPRIATION. BUT IT'S -- IT'S OUR POSITION THAT THE COSTS TO EMPLOYEES
WOULD BE MINIMAL BECAUSE MANY OF THESE BENEFITS WERE THROUGH A
FEDERAL APPROPRIATION, AND THEN IF THERE WERE ANY STATE CLAIMS THAT
WERE PAID OUT THROUGH OVERPAYMENTS THAT IT WOULD BE, YOU KNOW,
MINIMAL COMPARED TO, YOU KNOW, THIS $9 BILLION THAT WE STILL OWE TO
THE -- THE FEDERAL GOVERNMENT, WHICH IMPACTS OUR GENERAL UI TRUST
FUND.
MR. GOODELL: NOW, AS YOU KNOW, RIGHT NOW THE
UNEMPLOYMENT FUND IS UPSIDE DOWN BY ABOUT 9 BILLION.
MS. JOYNER: YES.
MR. GOODELL: AND THEY MADE THE PAYMENTS
THROUGH A LOAN FROM THE FEDERAL GOVERNMENT WHICH HAS TO BE REPAID.
HAS THE STATE OF NEW YORK MADE ANY APPROPRIATION TOWARDS THAT 9
29
NYS ASSEMBLY MAY 5, 2022
BILLION THAT'S OUTSTANDING, OWED BY EMPLOYERS?
MS. JOYNER: NO.
MR. GOODELL: NOW, LAST YEAR WE MADE -- WE
ALLOCATED 2.1 BILLION FOR PEOPLE WHO WERE NOT ELIGIBLE FOR
UNEMPLOYMENT, RIGHT? UNDOCUMENTED IMMIGRANTS, FOR EXAMPLE. I
THINK IT WAS 2.1 BILLION. AND AS I RECALL, IF YOU COULD PROVE THAT YOU
WERE WORKING ILLEGALLY YOU GOT UP TO 15,600 AND IF YOU COULDN'T PROVE
THAT YOU WERE WORKING AT ALL YOU GOT 3,600, I THINK. IS THERE A REASON
WHY WE CAN APPROPRIATE 2.1 BILLION TO HELP PEOPLE WHO ARE WORKING
ILLEGALLY BUT CAN'T HELP THE EMPLOYERS TO COVER THESE COSTS WHEN THEY
WERE FORCED TO INCUR THEM BY GOVERNMENT EDICT THAT SHUT THEM DOWN
AGAINST THEIR WILL?
MS. JOYNER: I -- I WOULDN'T AGREE WITH YOUR
CHARACTERIZATION OF THE PROGRAM, BUT I WOULD SAY THAT IT IS OUR INTENT TO
HELP ALL WORKERS WHO WERE IMPACTED DURING THIS TIME. SO, YES, WE
SUPPORTED THE EXCLUDED WORKER FUND, AND THIS IS ANOTHER STEP TO NOT
GO AFTER CLAIMANTS WHO RECEIVED THESE OVERPAYMENTS WHO USED ALL OF
THIS MONEY FOR, YOU KNOW, TO SUPPORT THEIR LIVELIHOOD DURING THE
PANDEMIC. SO IT'S OUR -- OUR INTENTION TO HELP ALL WORKERS WHO SUFFERED
DURING -- DURING THIS TIME.
MR. GOODELL: THANK YOU MUCH, MS. JOYNER. I
APPRECIATE YOUR COMMENTS.
ON THE BILL, SIR.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. GOODELL: I -- I APPRECIATE THE SPONSOR'S
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NYS ASSEMBLY MAY 5, 2022
DESIRE TO HELP PEOPLE WHO OBTAINED WORKERS' COMP BENEFITS FOR WHICH
THEY WERE NOT ENTITLED TO, TO AVOID HAVING TO REPAY ANY OF THEM. I FIND
IT HARD TO UNDERSTAND HOW IT IS THAT A PERSON COULD CLAIM
UNEMPLOYMENT BENEFITS, RECEIVE THOSE UNEMPLOYMENT BENEFITS WITHOUT
BEING ELIGIBLE FOR THEM, AND STILL DO SO IN GOOD FAITH. BECAUSE IF YOU
ACCURATELY AND CORRECTLY FILL OUT THE UNEMPLOYMENT APPLICATION, THERE
SHOULDN'T BE ANY OVERPAYMENT. SO WHAT THIS BILL SAYS IS IF SOMEHOW
YOU GOT MORE MONEY THAN YOU WERE ENTITLED TO AND YOU DIDN'T CALL THE
LABOR DEPARTMENT AND SAY, HEY, WAIT A MINUTE. YOU GUYS SENT ME TOO
MUCH MONEY AND I SPENT IT. THAT'S OKAY, YOU DON'T HAVE TO REPAY IT.
THE PROBLEM IS, THOUGH, THAT WHEN THE PEOPLE WHO WEREN'T ENTITLED TO
THAT MONEY DON'T REPAY IT, SOMEBODY ELSE HAS TO REPAY IT. AND YOU
WANT TO KNOW WHO IT IS? IT'S THE INNOCENT EMPLOYER WHO DID NOTHING
WRONG WHATSOEVER. IT'S THE INNOCENT EMPLOYER WHO SAW THEIR BUSINESS
VIRTUALLY DESTROYED BY GOVERNMENT EDICT WHEN THEY WERE ORDERED TO BE
SHUT DOWN AND LAY OFF THEIR EMPLOYEES AT A TIME WHEN THEY STILL HAD AS
MUCH WORK AS THEY COULD POSSIBLY DO.
IN MY COUNTY, THE FORMER GOVERNMENT -- GOVERNOR
SHUT DOWN MY ECONOMY IN MY DISTRICT WHEN WE DIDN'T HAVE A SINGLE,
NOT ONE, RECORDED COVID CASE. AND BY GOVERNMENT EDICT, IN RESPONSE
TO A PROBLEM IN NEW YORK CITY THAT'S 400 MILES AWAY FROM MY COUNTY,
HE THREW THOUSANDS OF PEOPLE OUT OF WORK. AND MY COMPANIES WERE
GOING ABSOLUTELY CRAZY. THE LOCAL MOM-AND-POP GROCERY STORE, THE
LOCAL RETAILER, ALL MY LOCAL MANUFACTURERS. THEY WERE GOING CRAZY
BECAUSE THERE WERE PEOPLE THAT WANTED TO BUY THEIR PRODUCT AND THEY
31
NYS ASSEMBLY MAY 5, 2022
COULDN'T OPEN THEIR DOOR. AND THEY INCURRED MASSIVE OVERTIME
EXPENSES.
SO WHAT'S THE RIGHT SOLUTION? THE RIGHT SOLUTION IS FOR
US, AS THE LEGISLATURE, TO SAY, WE RECOGNIZE THAT WE, THE GOVERNMENT,
SHUT YOU DOWN AGAINST YOUR WILL. SO WE, THE GOVERNMENT, WILL COVER
YOUR EXTRA UNEMPLOYMENT EXPENSES. IS THAT WHAT WE'VE DONE IN THIS
LEGISLATURE? NO, WE'VE DONE THE OPPOSITE. WE HAVEN'T ANTED UP ONE
DOLLAR TO PAY BACK THAT 9 BILLION IN UNEMPLOYMENT EXPENSES FACED BY
EMPLOYERS. SO WHAT'S IT MEAN TO AN EMPLOYER? I'LL GIVE YOU A SIMPLE
EXAMPLE. I RUN A SMALL LAW FIRM. WE DIDN'T LAY OFF ANYONE DURING THE
PANDEMIC. MY BASE UNEMPLOYMENT RATE IS 9.75 PERCENT OF MY PAYROLL,
9.75 PERCENT OF MY PAYROLL AND I DIDN'T LAY ANYONE OFF DURING THE
PANDEMIC. I PAID EVERY ONE OF THEM THEIR FULL SALARY THROUGHOUT THE
PANDEMIC. AND NOW I GET A 9.75 PERCENT BILL, AND I'M A LUCKY ONE.
BECAUSE IF I HAD LAID SOMEONE OFF, THAT'S JUST THE BEGINNING OF MY
UNEMPLOYMENT CHARGE. NEW YORK STATE IS ONE OF THE ONLY STATES IN THE
NATION THAT LOST OVERALL POPULATION. IT WENT DOWN BY OVER 300,000. IT'S
NOT BECAUSE PEOPLE HATED OUR WEATHER, IT'S BECAUSE THEY DIDN'T HAVE
EMPLOYMENT. AND WHY DIDN'T THEY HAVE EMPLOYMENT? BECAUSE WE'RE
DRIVING EMPLOYERS OUT OF OUR STATE. I HAVE COMPANIES THAT ARE IN MY
COUNTY IN NEW YORK STATE WHO HAVE A SISTER COMPANY RIGHT ACROSS THE
BORDER IN PENNSYLVANIA AND THE UNEMPLOYMENT DIFFERENCE JUSTIFIES A
MOVE. DURING THE PANDEMIC I HAD A MANUFACTURER WHO MADE
FURNITURE. SOME OF YOU MAY KNOW HIM, BUSH INDUSTRIES. GREAT
COMPANY, GREAT FURNITURE. THE ONLY REASON THEY'RE ALIVE TODAY IS
32
NYS ASSEMBLY MAY 5, 2022
BECAUSE THEY HAD A CANADIAN SUBSIDIARY AND THEY COULD PUT THEM ON
THREE SHIFTS AROUND THE CLOCK TO MEET THE DEMAND. NOW IMAGINE THIS:
YOU MAKE FURNITURE THAT'S DESIGNED FOR HOME OFFICES, AND THE
PANDEMIC HITS AND PEOPLE ARE SENT HOME TO WORK OUT OF THEIR HOME,
RIGHT? WHAT DO YOU THINK HAPPENED TO THE DEMAND FOR HOME OFFICE
FURNITURE? IT WENT RIGHT THROUGH THE ROOF. NOW IMAGINE YOU OWN THAT
COMPANY AND WHAT'S THE GOVERNOR DO? HE SAYS, YOU CAN'T
MANUFACTURE HOME OFFICE FURNISHINGS IN NEW YORK STATE. HE SHUT
DOWN THE ENTIRE COMPANY. AND THE ONLY REASON THAT COMPANY IS ALIVE
TODAY IS THEY HAD A GOOD FORTUNE OF HAVING ANOTHER MANUFACTURING
PLANT THAT WAS OUTSIDE OF NEW YORK STATE. AND SO THE PLANT THAT WAS
OUTSIDE THE STATE WENT INTO AROUND THE CLOCK PRODUCTION TO MEET THAT
DEMAND.
SO WHAT'S THIS BILL DO? DOES IT HELP PAY OFF THAT 9
BILLION? NO. WHAT IT SAYS IS THOSE PEOPLE WHO WERE PAID TOO MUCH,
WHO WEREN'T ENTITLED TO WHAT THEY GOT, WE ARE GOING TO ALLOW THEM
UNDER THIS BILL TO KEEP THAT MONEY AND WE'LL SEND THE BILL AS AN INSULT TO
INJURY, SALTING THE WOUND TO THEIR EMPLOYER WHO IS GOING TO HAVE TO
PAY THE BILL BACK TO AN EMPLOYEE WHO WASN'T ENTITLED TO THAT MONEY.
IT'S THE WRONG MESSAGE TO SEND TO OUR EMPLOYERS. LET'S STEP UP TO THE
PLATE. LET'S HELP OUR EMPLOYERS. LET US, AS STATE GOVERNMENT,
RECOGNIZE THAT WE CAUSED A $9 BILLION SHORTFALL IN THE UNEMPLOYMENT
FUND AND INSTEAD DRIVING EMPLOYERS OUT BY FORCING THEM TO PAY THAT 9
BILLION. LET'S STEP UP TO THE PLATE AND START PAYING IT OFF USING STATE
RESOURCES RATHER THAN INCREASE THE AMOUNT THAT THEY ULTIMATELY HAVE TO
33
NYS ASSEMBLY MAY 5, 2022
PAY.
FOR THAT REASON I WILL BE RECOMMENDING AGAINST THIS
BILL, ALTHOUGH I DO APPRECIATE MY COLLEAGUE'S COMPASSION. A
COMPASSION I THINK WE ALL SHARE FOR THESE POOR UNFORTUNATE EMPLOYEES
THAT WERE THROWN OUT OF THEIR JOB DURING A PANDEMIC AS A RESULT OF
MISGUIDED GOVERNMENTAL ACTION. THANK YOU, MR. SPEAKER, AND THANK
YOU TO MY COLLEAGUE.
ACTING SPEAKER AUBRY: MR. RA.
MR. RA: THANK YOU, MR. SPEAKER. WILL THE SPONSOR
YIELD?
ACTING SPEAKER AUBRY: MS. JOYNER, WILL YOU
YIELD?
MS. JOYNER: YES.
ACTING SPEAKER AUBRY: MS. JOYNER YIELDS.
MR. RA: JUST A QUICK QUESTION IN TERMS OF THE
EFFECTIVENESS OF THIS. SO MY UNDERSTANDING IS THIS WOULD BE DEEMED AS
IF IT WAS IN EFFECT AS OF MARCH 9TH, 2020, CORRECT?
MS. JOYNER: I'M SORRY, CAN YOU REPEAT THE
QUESTION?
MR. RA: THIS POLICY REGARDING NOT REQUIRING
REPAYMENT UNDER THE CRITERIA THAT HAS BEEN SET FORTH, IF THIS WERE PASSED
AND SIGNED BY THE GOVERNOR IT WOULD BE AS IF THIS HAD BEEN IN EFFECT
THROUGHOUT THE PANDEMIC AS OF MARCH 9TH, 2020, CORRECT?
MS. JOYNER: YES. I MEAN, WE HAVE A PROCESS NOW
TO RECOUP OVERPAYMENTS, BUT THIS WOULD BE APPLICABLE SPECIFICALLY FOR
34
NYS ASSEMBLY MAY 5, 2022
2020 DURING THE PANDEMIC.
MR. RA: ALL RIGHT. COULD YOU REPEAT THE FIRST PART,
WHAT YOU JUST SAID.
MS. JOYNER: WE HAVE A SYSTEM CURRENTLY ABOUT
RECOUPING OVERPAYMENTS, BUT THIS WOULD ADD A NEW STANDARD TO LOOK
BACK AT THAT TIME DURING THE PANDEMIC.
MR. RA: OKAY. BUT THIS -- AND THEN THIS WOULD ALSO
-- THERE'S NO REPEAL DATE OR SUNSET OR ANYTHING LIKE THAT, CORRECT? THIS
WOULD BE THIS WAY GOING FORWARD?
MS. JOYNER: YES.
MR. RA: SO IF SOMEBODY, SAY THIS IS -- I DON'T KNOW
IF -- IF THIS HAS PASSED THE SENATE OR NOT, BUT SUPPOSE THIS WAS SIGNED
INTO LAW TOMORROW AND ON MONDAY SOMEBODY WERE TO MAKE AN
APPLICATION TO THE DEPARTMENT OF LABOR AND END UP GETTING PAID FOR
BENEFITS IT TURNS OUT THEY WEREN'T ENTITLED TO, AND THEY MET THIS CRITERIA,
THEY WOULD NOT BE REQUIRED TO PAY IT BACK, CORRECT?
MS. JOYNER: CORRECT.
MR. RA: THANK YOU.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. RA: JUST QUICKLY. THAT -- THAT IS ONE OF MY
CONCERNS. I MEAN, I THINK WE ALL SAW IN OUR OWN OFFICES, WE ESSENTIALLY
BECAME SATELLITE OFFICES OF THE DEPARTMENT OF LABOR AT THE HEIGHT OF
THE PANDEMIC BECAUSE THERE WAS A DEMAND THAT JUST COULDN'T BE MET.
BUT -- BUT I WANT TO REMIND EVERYBODY, YOU KNOW, OUR PRIOR GOVERNOR
35
NYS ASSEMBLY MAY 5, 2022
STARVED BASICALLY EVERY STATE AGENCY OF FUNDING FOR YEARS AND YEARS
AND YEARS. THEY WERE ALL UNDERSTAFFED. AND WE GOT INTO A SITUATION
WHERE WE HAD AN UNPRECEDENTED NEED FOR PEOPLE TO APPLY FOR THESE
BENEFITS. I THINK EVERYBODY TRIED TO DO THE BEST THEY COULD. AND I
THINK OUR OFFICES OBVIOUSLY WERE DELUGED IN TRYING TO WORK WITH
LEGISLATIVE LIAISONS WITHIN THE DEPARTMENT OF LABOR AND -- AND TRYING TO
PROCESS THESE CLAIMS. SO I UNDERSTAND WHAT WE'RE TRYING TO GET AT HERE
THAT, YOU KNOW, WE KNOW THERE WERE ATTEMPTS AT FRAUDULENT CLAIMS AND
WE'RE, YOU KNOW, WE NEED TO DEAL WITH THAT IN RECOUPING THAT MONEY TO
THE EXTENT WE CAN. AND I KNOW PROCESSES OVER TIME GOT PUT IN PLACE TO
HOPEFULLY STOP ALL THOSE TYPES OF CLAIMS. BUT WE'RE LOOKING AT
SOMETHING THAT'S, YOU KNOW, GOING TO BE IN EFFECT -- WE'RE NOT JUST
SAYING IF THIS HAPPENED DURING THE PERIOD OF THE PANDEMIC, WE'RE
SAYING INTO THE FUTURE. AND CERTAINLY, YOU DON'T WANT TO PENALIZE AN
INDIVIDUAL WHO THROUGH NO FAULT OF THEIR OWN MAYBE THOUGHT THEY WERE
ELIGIBLE AND IT TURNS OUT THEY WEREN'T. BUT THERE ARE CONSEQUENCES ON
THAT TO OUR BUSINESSES, LIKE -- LIKE MY COLLEAGUE SAID EARLIER. AND I
THINK THERE'S TWO THINGS THAT REGARDLESS OF HOW YOU VOTE ON THIS
PARTICULAR BILL WE NEED TO THINK ABOUT. ONE IS CERTAINLY WHAT I SAID AT
THE OUTSET, MAKING SURE OUR AGENCIES ARE APPROPRIATELY STAFFED TO BE
ABLE TO HANDLE THESE TYPES OF CLAIMS. BUT THE SECOND ONE BEING THAT WE
HAVE AN UNEMPLOYMENT INSURANCE SITUATION WITH THE MONEY THAT WE
OWE TO THE FEDERAL GOVERNMENT THAT IS ALREADY AND WILL BE CRASHING
DOWN VERY, VERY HARD ON NEW YORK STATE BUSINESSES THAT HAVE
STRUGGLED. SO MANY HAVE CLOSED AND -- AND MANY THAT HAVE SURVIVED
36
NYS ASSEMBLY MAY 5, 2022
ARE STILL HANGING OUT BY A THREAD. AND THE FACT THAT WE DID REALLY
NOTHING IN THIS STATE BUDGET TO DEAL WITH THAT SITUATION, WE'RE FLUSH WITH
CASH FROM -- FROM THE FEDERAL GOVERNMENT AND WE HAD AN OPPORTUNITY
PRIOR TO APRIL 1ST, PRIOR TO THE FEDERAL REGULATIONS CHANGING, THAT WE
COULD HAVE USED SOME OF THAT MONEY TO PAY DOWN THAT DEBT. WE DID
NOT DO THAT. AND THE IMPLICATION ON NEW YORK STATE BUSINESSES ARE
GOING TO BE IMMENSE THAT WE FAILED TO DO THAT.
SO IT'S GREAT THAT WE, YOU KNOW, SPENT $220 BILLION IN
THIS BUDGET AND WE DID A LOT OF GOOD THINGS IN THE BUDGET. AND, YOU
KNOW, WE DID A LOT OF ONE-SHOT TYPE THINGS, TAX CUTS, TAX CREDITS, ALL OF
THAT. BUT IF WE DON'T DEAL WITH THAT SUM OF MONEY THAT WE OWE ON THE
UNEMPLOYMENT TO THE FEDERAL GOVERNMENT, THE CONSEQUENCES FOR NEW
YORK STATE BUSINESSES ARE GOING TO BE IMMENSE.
SO I HOPE THAT WE CONTINUE TO TALK ABOUT THAT ISSUE
AND WE REALLY FIND A WAY TO PUT OURSELVES ON A PATH THAT WE START TO PAY
THAT DOWN AND WE DON'T SIMPLY PUSH THE COST ON TO THE BUSINESSES OF
THE STATE, WHICH IS EXACTLY WHAT'S COMING DUE TO THIS OUTSTANDING
BALANCE. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MS. JOYNER.
MS. JOYNER: THANK YOU, MR. SPEAKER. JUST SOME
CLOSING REMARKS. YOU KNOW, THE ESSENCE OF THIS BILL WAS TO REALLY
RECOGNIZE THAT PEOPLE DURING THIS TIME WERE NAVIGATING A VERY
COMPLICATED, COMPLEX, OUTDATED UI SYSTEM AND PEOPLE WERE JUST TRYING
TO FIGURE OUT HOW TO SURVIVE, HOW TO GET MONEY IN THEIR POCKETS TO
37
NYS ASSEMBLY MAY 5, 2022
SUPPORT THEIR FAMILIES DURING THIS TIME. THESE PEOPLE LOST JOBS. AND
THIS -- THIS WAS A TRAGIC TIME FOR BOTH WORKERS AND BUSINESSES, AND
THERE WERE A LOT OF DIFFERENT PROGRAMS THAT WERE BEING ROLLED OUT
DURING THIS TIME AND MANY PEOPLE WERE JUST SCRAMBLING TO TRY TO FIGURE
OUT HOW THEY COULD SURVIVE AND, YOU KNOW, PROVIDE FOR THEIR FAMILIES.
AND IT'S PUNITIVE NOW TO NOW GO AFTER THESE PEOPLE AND ASK THEM, WE
NEED YOU TO PAY THIS MONEY BACK, ESPECIALLY BECAUSE THE FEDERAL
GOVERNMENT IS NOT ASKING US FOR THIS MONEY BACK. THEY'RE ALLOWING
STATES TO START A PROCESS, A WAIVER PROCESS. AND, YOU KNOW, FROM LAST
YEAR WE WERE -- THE -- THE DEPARTMENT OF LABOR RECOUPED $90 MILLION
IN OVERPAYMENTS AND NOT ONE SINGLE WAIVER WAS GRANTED TO ANYONE IN
THE STATE. THAT'S A PROBLEM. SO THIS BILL IS GOING TO LAY OUT A PROPER
AND A TRANSPARENT SYSTEM AND PROCESS FOR PEOPLE TO REQUEST WAIVERS.
IT'S GOING TO PROVIDE A CLEAR MECHANISM ON HOW TO REQUEST A WAIVER.
WE HAVE 24 OTHER STATES WHO HAVE ALREADY THIS -- THIS PROCEDURE IN --
IN EFFECT AND IN -- AND -- AND THEY'RE -- THEY HAVE THIS IN PLACE ALREADY.
AND MANY PEOPLE WERE RECEIVING BENEFITS INADVERTENTLY. YOU KNOW,
RELYING ON DEPARTMENT OF LABOR'S OWN GUIDANCE AND NOW IT'S, AGAIN,
PUNITIVE TO ASK FOR THESE PEOPLE TO -- TO RETURN THIS MONEY. THESE
FUNDS, YOU KNOW, WERE VERY IMPORTANT IN HELPING TO STABILIZE OUR
ECONOMY. RIGHT NOW THIS WAIVER PROCESS IS SOLELY IN THE DISCRETION OF
THE DEPARTMENT OF LABOR, AND NOW WE ARE PUTTING IN LAW A CLEAR
PROCESS WHERE PEOPLE CAN REQUEST THESE WAIVERS. THERE'S NO COST TO
THE STATE BECAUSE THE MAJORITY OF THESE OVERPAYMENTS WERE MADE
DURING THE PANDEMIC AND WERE THROUGH FEDERAL APPROPRIATIONS, SO
38
NYS ASSEMBLY MAY 5, 2022
THERE IS NO COST TO THE STATE.
I WHOLEHEARTEDLY AGREE WITH MY COLLEAGUES WHO
SPOKE EARLIER ABOUT THE IMPACT THAT THIS WILL HAVE ON EMPLOYERS. WE
ARE COLLECTIVELY ON THE SAME PAGE IN TERMS OF MAKING SURE THAT WE
EITHER GET FORGIVENESS OF -- OF -- OF, YOU KNOW, THESE -- OF THE DEBT THAT
WE WERE IN OR GETTING A STATE APPROPRIATION. AND SO AGAIN, I JUST WANT
TO URGE MY COLLEAGUES TO VOTE IN THE AFFIRMATIVE ON THIS PIECE OF
LEGISLATION. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU, MS.
JOYNER.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 6666. 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. CERTAINLY, THOSE WHO SUPPORT IT CAN
VOTE IN FAVOR ON THE FLOOR OR IF THEY'RE COVID-IMPACTED CAN CALL THE
MINORITY LEADER'S OFFICE AND VOTE THAT WAY.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES.
39
NYS ASSEMBLY MAY 5, 2022
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 OF OUR
COLLEAGUES THAT WOULD DESIRE TO BE AN EXCEPTION. THEY SHOULD FEEL FREE
TO CONTACT THE MAJORITY LEADER'S OFFICE AND WE WILL PROPERLY RECORD
THEIR VOTE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, MA'AM.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, SIR. FIRST, I WANT TO
COMMEND THE SPONSOR FOR ADVANCING A BILL THAT WOULD HELP THOSE WHO
RECEIVED PAYMENTS THAT WERE NOT INVOLVED IN ANY FRAUD AND IT WASN'T
THEIR FAULT. AND I THINK THAT THAT APPROACH OF RECOGNIZING THAT DURING
THIS PANDEMIC THE LABOR DEPARTMENT WAS SCRAMBLING. PEOPLE
SOMETIMES DIDN'T KNOW WHAT THEY WERE DOING. AND ALL OF US, IF YOU'RE
ANYTHING LIKE MY OFFICE, WERE JUST OVERWHELMED WITH CLAIMS. AND SO I
-- I REALLY APPRECIATE THAT. AT THE SAME TOKEN, I'M REALLY VERY, VERY
SENSITIVE TO THIS HORRIFIC DEBT THAT OUR EMPLOYERS ARE FACING. AND
UNFORTUNATELY, ALLOWING PEOPLE WHO ARE NOT ENTITLED TO UNEMPLOYMENT
BENEFITS TO KEEP THEM AT THE EXPENSE OF THE EMPLOYERS' EXPERIENCE
RATING JUST EXACERBATES THAT SHORTFALL. AND SO I HOPE THAT IN THE FUTURE
WE SEE A BILL THAT ADDRESSES BOTH ISSUES. AND WHAT I WOULD
RECOMMEND IS THAT WE WORK TOGETHER ON A BIPARTISAN BASIS SO WE CAN
PROVIDE RELIEF TO INNOCENT EMPLOYEES WITHOUT STICKING INNOCENT
40
NYS ASSEMBLY MAY 5, 2022
EMPLOYERS WITH THE BILL. AND ONE APPROACH, FOR EXAMPLE, MIGHT BE TO
OFFER A TAX CREDIT. IF AN EMPLOYEE HAS TO REPAY IT AND THE LABOR
DEPARTMENT DETERMINES THAT THE REPAYMENT WAS THE RESULT OF AN
INNOCENT MISTAKE, MAYBE WE GIVE A TAX CREDIT TO THE EMPLOYEE SO WE
CAN HELP THE EMPLOYEE WITHOUT HURTING EMPLOYERS. OR PERHAPS WE
CONSIDER A GRANT PROGRAM HERE IN THE STATE, HAVE IT ADMINISTERED BY THE
LABOR DEPARTMENT, APPROPRIATE DIRECT FUNDS SO THAT IN A SITUATION
WHERE THE LABOR DEPARTMENT DETERMINES THAT THERE WAS AN INNOCENT
MISTAKE, THE LABOR DEPARTMENT CAN TAP INTO THAT GRANT FUND. BUT
SIMPLY SENDING THE BILL TO THE EMPLOYER IS NOT THE SOLUTION AND,
THEREFORE, I CANNOT SUPPORT THIS.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 27, CALENDAR NO. 391, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A08339-A, CALENDAR
NO. 391, GONZÁLEZ-ROJAS, SIMON, GRIFFIN, ENGLEBRIGHT, SEAWRIGHT,
DICKENS, GOTTFRIED, ABINANTI, KELLES, JACOBSON, MCDONALD, DINOWITZ,
ANDERSON, CAHILL, STIRPE, GALEF. AN ACT TO AMEND THE TAX LAW, IN
RELATION TO REQUIRING THE DEPARTMENT OF HEALTH TO PUBLISH CERTAIN
REPORTS ON THE DEPARTMENT'S WEBSITE DETAILING SALES OF OPIOIDS SOLD IN
THE STATE.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
41
NYS ASSEMBLY MAY 5, 2022
GONZÁLEZ-ROJAS, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL
IS ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 7378-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 29, CALENDAR NO. 433, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A07256-A, CALENDAR
NO. 433, J.D. RIVERA, DINOWITZ, HEVESI, TANNOUSIS, MAMDANI, SILLITTI,
JACKSON, SANTABARBARA, GALEF, GOTTFRIED, SIMON, SEAWRIGHT. AN ACT TO
AMEND THE PUBLIC SERVICE LAW, IN RELATION TO CERTAIN REQUIREMENTS
REGARDING BILLING FOR ELECTRIC SERVICES.
ACTING SPEAKER AUBRY: AN EXPLANATION HAS
BEEN REQUESTED, MR. RIVERA.
MR. J.D. RIVERA: SO, GOOD AFTERNOON. THE BILL
BEFORE US MORE OR LESS WHAT IT WILL DO IS IT WILL PROVIDE IMPROVED
BILLING TRANSPARENCY FOR CUSTOMERS ON THEIR ELECTRICAL BILLS.
ACTING SPEAKER AUBRY: MR. PALMESANO.
MR. PALMESANO: YES, MR. SPEAKER. WILL THE
42
NYS ASSEMBLY MAY 5, 2022
SPONSOR YIELD FOR SOME QUESTIONS?
ACTING SPEAKER AUBRY: MR. RIVERA, WILL YOU
YIELD?
MR. J.D. RIVERA: I DO.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. PALMESANO: THANK YOU, MR. RIVERA. I
CERTAINLY, I THINK FROM WHAT YOU SAID I APPRECIATE THE INTENT THAT YOU
WANT TO BE TRANSPARENT WITH THE PUBLIC. I DO HAVE SOME QUESTIONS
RELATIVE TO THE LANGUAGE OF THE BILL, AND IF YOU COULD BEAR WITH ME A
LITTLE BIT. THE ONE SPECIFIC QUESTION THAT I HAVE FOR YOU IS IT SAYS IT
SHALL BILL AT A MINIMUM INCLUDE THE QUANTITY BILL, THE UNIT OF
MEASUREMENT AND THE HIGHEST MEASUREMENT OF A SPECIFIC LINE ITEM.
WHAT DO YOU SPECIFICALLY MEAN BY A SPECIFIC LINE ITEM? BECAUSE
THERE'S A WHOLE HOST OF LINE ITEMS ON A BILL. WHAT ARE YOU REFERRING TO
AS BEING SPECIFIC, BECAUSE I THINK THERE SOME CONCERNS ABOUT THE
AMBIGUITY IN THE LANGUAGE?
MR. J.D. RIVERA: SO MORE OR LESS WHAT IT WILL
MEAN IS WHATEVER CURRENT MEASUREMENT THAT THE BILLS ARE CURRENTLY ON.
SO IN MOST CASES IT WOULD BE KILOWATTS IN AN ELECTRICAL BILL. WHATEVER
THE UNIT THAT'S CURRENTLY BEING USED, WE WANT WITH AS MUCH SPECIFICITY A
BREAKDOWN OF WHAT THOSE COSTS ARE GOING TO BE ON EACH LINE ITEM,
BECAUSE ON MANY BILLS YOU'LL SEE VARIOUS LINE ITEMS FROM THE ACTUAL
KILOWATTS USED DOWN TO FEES AND CHARGES. SO WE WANT TO MAKE IT SO
THAT PEOPLE CAN SEE AS MUCH AS THEY CAN ON THEIR BILLS.
MR. PALMESANO: SURE. I CAN -- I CAN APPRECIATE
43
NYS ASSEMBLY MAY 5, 2022
THAT. WOULD THIS APPLY TO ALL SERVICE CLASSES LIKE RESIDENTIAL, SMALL
BUSINESS AND LARGE COMMERCIAL?
MR. J.D. RIVERA: SO CURRENTLY, RESIDENTIAL IS
ALREADY INCLUDED IN THE LANGUAGE THAT THIS IS AMENDING, BUT IT ADDS TO IT
DEMAND METERED, SO THAT MEANS IT WOULD BE MOST LIKELY LARGE AND
(INAUDIBLE) AS WELL.
MR. PALMESANO: SO WHAT ABOUT -- SO THIS WOULD
APPLY TO BOTH THE -- THE VOLUME METRIC CHARGES, THE KILOWATT PER HOURS
AND THE DEMAND CHARGES, THE KILOWATTS THAT -- THAT WOULD -- WE'D HAVE
THAT -- THAT WOULD HAVE TO ALL BE LISTED AND SHOW THE 12-MONTH USAGE
ACROSS THE BOARD?
MR. J.D. RIVERA: YES.
MR. PALMESANO: WOULD THIS ALSO APPLY TO SUPPLY
CHARGES AND DELIVERY CHARGES? BECAUSE I KNOW SOME BILLS HAVE THE
SUPPLY CHARGES ON IT, SOME THEY DON'T. SO NOW WOULD THE UTILITIES BE
REQUIRED TO PUT ALL THE SUPPLY CHARGES ON THIS OVER A YEAR -- THE COURSE
OF A YEAR AS WELL?
MR. J.D. RIVERA: SURE. IT SHOULD APPLY TO ALL
CHARGES THAT ARE NORMALLY ON A BILL.
MR. PALMESANO: WHAT ABOUT TAXES, FEES AND
ASSESSMENTS? BECAUSE THERE'S A WHOLE HOST OF TAXES, FEES AND
ASSESSMENTS ON OUR UTILITY BILLS, WHICH WE KNOW MAKE UP ABOUT 25
PERCENT OF OUR UTILITY COSTS. THEY'RE GOING TO HAVE TO PUT THIS ON THE
BILL THROUGHOUT IT TO SHOW THE -- THE 12-YEAR -- 12-MONTH HIGHEST USAGE
FOR THOSE ACROSS THE BOARD AS WELL?
44
NYS ASSEMBLY MAY 5, 2022
MR. J.D. RIVERA: IT SHOULD BE EVERY LINE ITEM ON
THE BILL, SO YES.
MR. PALMESANO: OKAY. WHAT ABOUT THE ESCOS?
THESE ARE THE -- WHERE THEY GO TO THE THIRD-PARTY, THEY GET THEIR ENERGY
SUPPLY AND THEY BILL THEM. AND NOW I THINK WHAT IT DOES IS IT USUALLY --
THE UTILITY MIGHT REPORT IT ON THE BILL BUT THEY'RE NOT PROVIDING THE
SUPPLY AND IT JUST SAYS THE AMOUNT. NOW WILL THE ESCOS BE REQUIRED
TO -- TO SUBMIT SOME KIND OF PAPERWORK AS WELL AS PART OF THAT BILL OR
WILL THE UTILITY BE REQUIRED TO REPORT THAT AND BREAK THAT DOWN ON THEIR
BEHALF?
MR. J.D. RIVERA: THIS ONLY SPEAKS TO ANYBODY
THAT'S EXISTING -- THAT'S GETTING AN EXISTING BILL THAT IS FROM A COMPANY
THAT'S GOVERNED BY THE PSC OR -- SO IT -- IT SHOULD, BUT LIKE I SAID, IT'S
ANY UTILITY COMPANY BILL THAT WE RECEIVE.
MR. PALMESANO: WHAT ABOUT ANYTHING ON HERE TO
SAY WHY MAYBE THESE BILLS ARE AS HIGH AS THEY COULD BE, WHERE THEY'RE
COMING FROM? WHAT THE -- WHAT'S THE PRECIPICE FOR WHY THESE ENERGY
PRICES ARE INCREASING AS FAR AS, YOU KNOW, WHETHER THE GREEN ENERGY
PROGRAM AND THINGS OF THAT NATURE? IS THERE ANYTHING IDENTIFYING THAT?
SO WOULD THEY HAVE TO PUT, LIKE, THE SYSTEMS BENEFIT CHARGE OR ANY
OTHER CHARGES ON THE BILL ALONG WITH THAT?
MR. J.D. RIVERA: THOSE BILLS WOULD BE PRETTY LONG
IF WE INCLUDED ALL THAT.
MR. PALMESANO: ABSOLUTELY.
MR. J.D. RIVERA: WHAT I'D SAY IS THAT THIS REALLY IS
45
NYS ASSEMBLY MAY 5, 2022
JUST GOING TO BREAK DOWN THINGS LIKE KILOWATT HOUR USAGE, YOU KNOW,
AND GAS IT'LL, YOU KNOW, USE -- ANY MEASUREMENT THAT'S CURRENTLY BEING
USED IN A -- IN A UTILITY BILL. ALL THIS DOES IS MORE OR LESS ITEMIZE IT SO
THAT PEOPLE CAN KNOW EXACTLY WHAT THEIR COSTS ARE. AND IDEALLY, THIS IS
GOING TO HELP BUSINESSES REASSESS HOW ENERGY -- YOU KNOW, HOW
THEY'RE USING ENERGY IN THEIR BUSINESSES AND -- AND EVENTUALLY LEAD TO
THEM SAVING MONEY.
MR. PALMESANO: RIGHT. SO LIKE ON SOME BILLS,
LIKE I WAS -- I THINK I WAS SHOWING YOU EARLIER ON ONE BILL, I CAN'T
REMEMBER WHICH ONE IT WAS, IT SHOWED ON -- ON ONE SIDE OF THE CHART
WHAT WAS BEING USED IN KILOWATT HOURS, ON THE OTHER SIDE WHAT WAS
BEING USED IN THERMS. WOULD THAT BE SUFFICIENT? THAT'S A -- THAT WAS
MORE OF A RESIDENTIAL BILL, BUT IS THAT -- WOULD THAT BE SUFFICIENT TO
ADDRESS WHAT THE INTENT OF THIS BILL IS TRYING TO DO?
MR. J.D. RIVERA: THAT WOULD BE SUFFICIENT SPECIFIC
TO THE -- THE UNITS USED, BUT IT WOULDN'T BE SUFFICIENT TO THE OVERALL
BREAKDOWN OF ALL THE LINES THAT -- THAT ARE INCLUDED IN THE BILL.
MR. PALMESANO: RIGHT. SO LIKE ON MY NYSEG
BILL, FOR EXAMPLE, THEY'LL -- I GET PER MONTH TO MONTH WHAT MY USAGE IS
AND HOW IT INCREASES. BUT THEY'RE GIVING YOU A GRAPH OVER THE 12
MONTHS TO SHOW HOW MUCH I'M USING FROM A GRAPH PERSPECTIVE. THAT'S
BEING USED FOR RESIDENTIAL. WOULD THAT BE -- WOULD THAT BE OKAY TO USE
FOR THIS PERSPECTIVE OR ARE THEY GOING TO HAVE TO LIST OUT MORE DETAIL ON
THE BILL IN ADDITION TO THAT GRAPH?
MR. J.D. RIVERA: IT TRUTHFULLY SHOULD BE MORE
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NYS ASSEMBLY MAY 5, 2022
DETAILED BECAUSE THAT'S -- AGAIN, YOU'RE ONLY LOOKING AT USAGE OR MAYBE
IN SOME CASES DEMAND. BUT IT SHOULD ALSO BE EVERY OTHER FEE AS WELL.
MR. PALMESANO: OKAY. AND ON THE COMMERCIAL
SIDE, TOO, I KNOW YOU GET TO ISSUE WITH PEAK AND OFF-PEAK HOURS WHERE
THERE -- YOU KNOW, I'M LOOKING AT ONE SAMPLE BILL WHERE THEY HAVE, YOU
KNOW, PEAK USE, OFF-PEAK USE, SO IT'S LIKE FIND IT -- FOUR DIFFERENT LINE
ITEMS THAT THEY'RE PROVIDING ON A MONTHLY BASIS.
MR. J.D. RIVERA: SURE.
MR. PALMESANO: SO NOW FROM THAT PERSPECTIVE
THEY'RE GOING TO HAVE TO DO A 12-MONTH BILL LOG TO SHOW WHAT THE COSTS
ARE FOR EACH -- EACH ONE OF THOSE THINGS AND ADD ADDITIONAL LINES FOR
OFF-PEAK AND PEAK, BOTH FOR KILOWATT -- KILOWATT HOURS AND THERMS OR
WHATEVER THEY MAY BE. SO ALL OF THOSE THINGS ARE GOING TO HAVE TO BE
ADDED TO THE BILL?
MR. J.D. RIVERA: I SUPPOSE I MIGHT ALSO SAY TO THAT
IS YES, BUT REMEMBER, THESE ARE -- THAT'S ALL INFORMATION THAT'S ALREADY
BEING CAPTURED. EVERY UTILITY COMPANY CLEARLY MUST BE CAPTURING ALL
THAT OR ELSE WE WOULDN'T BE CHARGED FOR WHAT THEY'RE CHARGING US. SO,
YOU KNOW, THIS ISN'T AN -- YOU KNOW, THIS ISN'T GOING TO BE SOME HEAVY
BURDEN ON A UTILITY COMPANY. THIS IS INFORMATION THAT THEY'RE ALREADY
COLLECTING, INFORMATION THAT WE'RE ALL -- YOU KNOW, USES THAT WE'RE ALL
PAYING. SO IF ANYTHING, WE HAVE THE RIGHT TO SEE WHAT IT IS OUR DOLLARS
ARE GOING TO.
MR. PALMESANO: WELL, I KNOW LIKE WHEN YOU
SAID WE -- WE TALKED ABOUT SUPPLY CHARGES, DEMAND CHARGES, TAXES,
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NYS ASSEMBLY MAY 5, 2022
FEES, ASSESSMENTS, PROGRAMS, DEMAND, USAGE, KILOWATT HOUR. THAT'S ALL
SPECIFIC LINE ITEMS AND NOW THEY'RE GOING TO HAVE TO LIST THEM ALL OUT. I
KNOW YOU SAID IT'S NOT MAYBE AN INCONVENIENCE FOR THE UTILITY, BUT, YOU
KNOW, A UTILITY BILL RIGHT NOW IS THREE OR FOUR PAGES. IT COULD BE FIVE OR
SIX, IT COULD ADD MORE PAGES TO THE BILL. OBVIOUSLY THERE'S A -- THERE'S A
COST ASSOCIATED -- THERE WOULD BE A COST ASSOCIATED WITH THAT, WOULD
THERE NOT BE?
MR. J.D. RIVERA: I'D SAY IN A DAY WHERE SO MANY
PEOPLE RECEIVE THEIR BILLS ELECTRONICALLY, IT TRUTHFULLY WOULDN'T THAT
MUCH OF A BURDEN. AND TRUTHFULLY, IT SHOULDN'T BE ANY COST, LIKE I SAID,
TO ANY UTILITY COMPANY BECAUSE IT'S ALREADY INFORMATION THAT THEY'RE
ALREADY COLLECTING.
MR. PALMESANO: OKAY. AND RIGHT NOW JUST TO --
JUST TO BE CLEAR, THE PUBLIC SERVICE COMMISSION RIGHT NOW HAS THE
ABILITY TO REGULATE THIS PROCESS. THEY HAVE -- UNDER THE PUBLIC SERVICE
LAW THEY CAN MAKE A DETERMINATION IF THEY FEEL THERE'S NOT ENOUGH --
BECAUSE RIGHT NOW THEY HAVE TO -- THEY TRY TO MAKE THE BILLS OR DIRECT
THE UTILITIES TO PROVIDE IT IN A USER-FRIENDLY WAY THAT'S MORE TRANSPARENT.
SO IF THEY BELIEVE MORE WAS NECESSARY ON THIS FRONT, ESPECIALLY GETTING
TO THE SPECIFIC LINE ITEM AND LIST THESE ALL OUT, WHICH SEEMS LIKE YOU
WANT EVERY SPECIFIC LINE ITEM LISTED OUT, NOT JUST USAGE, AGAIN, YOU'RE
TALKING COST. WOULDN'T THE PUBLIC SERVICE COMMISSION DETERMINE THIS
MIGHT BE -- IF THIS WAS THE CASE THEN THEY -- IT WOULD BE -- IT WOULD BE
OKAY AND THEY COULD -- THEY -- THEY HAVE THE ABILITY TO REGULATE THAT
RIGHT NOW IF THEY THOUGHT THERE WAS A NEED. BUT WE'RE SAYING BASICALLY
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NYS ASSEMBLY MAY 5, 2022
WE WANT TO ADD THIS IN AS PART OF A STATUTE AND MAKE THEM NOW PUT THIS
IN PLACE?
MR. J.D. RIVERA: SO YOUR TAKE IS THAT WHY ARE WE
BOTHERING DOING THIS IF THE PUBLIC SERVICE COMMISSION CAN DO IT?
MR. PALMESANO: NO, NO. IT'S JUST -- I'M JUST
SAYING THE PUBLIC SERVICE COMMISSION AS OF RIGHT NOW HAS THE ABILITY
TO DO THAT. I -- I KNOW WHY -- I THINK I UNDERSTAND YOUR INTENT BEHIND
THE BILL. THAT'S NOT A -- THAT'S NOT A QUESTION AT ALL. BUT THE PUBLIC
SERVICE COMMISSION DOES HAVE THE ABILITY TO DO THAT RIGHT NOW IF THEY
SO CHOOSE. IF THEY -- IF THEY DEEMED IT WAS NECESSARY FOR TRANSPARENCY
AND TO MAKE SURE THE PUBLIC WAS INFORMED PROPERLY.
MR. J.D. RIVERA: THEY COULD, BUT WE'RE HERE AND
WE BELIEVE THAT THIS IS A WORTHWHILE THING TO PURSUE.
MR. PALMESANO: WE ARE DEFINITELY HERE, MR.
RIVERA.
WHAT ABOUT -- I KNOW WE TALKED ABOUT SOME OF THESE
OTHER GREEN PROJECTS, LIKE, YOU KNOW, THE GOVERNOR ANNOUNCED LAST
WEEK ABOUT THE CHAMPLAIN-HUDSON LINE. IT'S TALKING ABOUT, YOU KNOW
-- IT'S AN ESTIMATE OF ABOUT $4.5 BILLION. AND THE OFFSHORE WIND THAT'S
BEING DEVELOPED OFF THE COAST, I THINK THAT WAS ESTIMATED AT $5.7
BILLION. NOW, THIS -- THESE COSTS AND THE RECS, THE RENEWABLE ENERGY
CREDITS THAT ARE SUBSIDIZED FOR ALL THE GREEN ENERGY PROGRAMS WHICH IS
OBVIOUSLY DIRECTED TO THE CLCPA TO MEET OUR GREEN ENERGY GOALS.
WHAT ABOUT ITEMIZING ON THE BILLS HOW MUCH THOSE ARE COSTING FOR THE
PUBLIC SO THEY KNOW? I MEAN, IT'S NICE TO SAY, WELL, THIS IS WHAT YOU'RE
49
NYS ASSEMBLY MAY 5, 2022
PAYING, THIS IS HOW MUCH YOU'RE USING, BUT THIS IS THE REASON FOR THOSE
COSTS AND INCREASES. BECAUSE I BELIEVE, LIKE, THE -- FOR THE CHAMPLAIN,
FOR THE -- THE QUEBEC TO NEW YORK CITY IS ABOUT $4.5 BILLION ESTIMATE.
I THINK THE OFFSHORE WIND I BELIEVE IS ABOUT 5.7 BILLION. AND THE -- WE
TALK ABOUT TRANSPARENCY. IT'S ESTIMATED THAT THE -- THE -- THE QUEBEC TO
NEW YORK CITY IS ABOUT -- HAS ALREADY GOING TO ACCOUNT FOR A TEN
PERCENT INCREASE IN RESIDENTIAL RATES, BUT ALSO HIGHER FOR -- FOR
COMMERCIAL. BUT -- AND THAT'S JUST FOR UPSTATE NEW YORK TO BRING THAT
POWER TO NEW YORK CITY. SHOULDN'T WE BE HAVING MORE TRANSPARENCY
AND DISCLOSURE ON WHY THESE BILLS ARE INCREASING AND -- BECAUSE OF ALL
THESE POLICIES THAT ARE BEING PUT IN PLACE? SHOULDN'T THAT BE A PART OF
THIS TRANSPARENCY AND DISCLOSURE RATHER THAN JUST ADDING MORE LINES TO
THE BILL? WOULD THAT BE HELPFUL TO OUR RATEPAYERS AND OUR CUSTOMERS?
MR. J.D. RIVERA: I'D SAY THAT YOU'VE GOT THE
MAKINGS OF ANOTHER BILL.
MR. PALMESANO: I HAVE THAT BILL, ACTUALLY. IT'S
CALLED THE RATEPAYER TRANSPARENCY AND DISCLOSURE ACT, WHICH WOULD
-- WOULD -- WHICH WOULD TELL THE PUBLIC ON THEIR BILL HOW MUCH THEY'RE
PAYING IN THESE TAXES, GREEN FEES. WHETHER IT'S FOR PROGRAMS -- WE
KNOW RIGHT NOW 25 PERCENT OF OUR BILL IS MADE UP OF TAXES, FEES AND
ASSESSMENTS. AND THESE GREEN PROGRAMS ARE ADDING TO THAT AS WELL.
SO, MR. RIVERA, I REALLY APPRECIATE YOUR TIME AND
THANK YOU FOR THAT.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, THIS BILL.
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NYS ASSEMBLY MAY 5, 2022
MR. PALMESANO: I -- I CERTAINLY APPRECIATE THE
SPONSOR'S INTENT BEHIND THIS LEGISLATION. I -- I KNOW WHERE IS HEART IS
TRYING TO PUT THIS BILL FORWARD. TRANSPARENCY IS GOOD, INTENT IS GOOD.
BUT I'M CONCERNED ABOUT THIS LANGUAGE. AND AS WE WENT THROUGH THIS
DISCUSSION ABOUT SPECIFIC LINE ITEM AND OUR BILLS ARE MADE UP OF A
WHOLE HOST OF ITEMS. AND I -- I UNDERSTAND IF WE'RE TALKING ABOUT USAGE
AND, YOU KNOW, GAS, ELECTRICITY AND -- AND GAS PRODUCTION. BUT THIS
ALSO WOULD BE APPLYING TO, AS THE SPONSOR SAID, SUPPLY AND DEMAND
CHARGES, TAXES AND SURCHARGES. OFF-PEAK AND ON-PEAK FOR COMMERCIAL.
AND SOME OF THESE BUSINESSES -- SOME OF THESE UTILITIES AREN'T DOING
THIS RIGHT NOW, SO THIS IS GOING TO BE -- YOU THINK THERE WON'T BE AN
ADDED COST, I THINK, IS A REALLY SIGNIFICANT CONCERN THAT I HAVE BECAUSE
ULTIMATELY, ALL THESE ADDITIONS, ALL THIS EXTRA WORK, ADDITIONAL
PAPERWORK -- OUR BILLS ARE FOUR OR FIVE PAGES NOW. I KNOW SOME OF IT
COMES ELECTRONICALLY BUT SOME GET THEM -- YOU KNOW, OUR SENIORS GET IT
-- GET IT THROUGH THE MAIL. THAT'S GOING TO ADD ADDITIONAL COSTS THROUGH
TIME. I AM CONCERNED ABOUT -- OBVIOUSLY, ALL THESE POLICIES MIGHT HAVE
GOOD INTENTIONS, BUT WHEN YOU GET INTO THE LANGUAGE OF THIS AND THIS
LANGUAGE OF THE HIGHEST SPECIFIC -- HIGHEST MEASUREMENT OF SPECIFIC
LINE ITEM WHEN YOU HAVE TO ADD ALL THIS OUT AND SHOW A 52- YEAR --
52-WEEK BREAKDOWN OF THIS, THIS WILL INCREASE COSTS. THIS WILL INCREASE
MORE CHALLENGES FOR THE UTILITIES TO DO THAT. BUT ULTIMATELY IT'S GOING TO
BE BORNE BY THE RATEPAYER. I MEAN, WE ALL HAVE CONCERNS ABOUT HOW
THIS IS GOING IMPACT RATEPAYERS. (INAUDIBLE) AND WE ALWAYS TALK ABOUT,
WE ALWAYS GO AFTER THE UTILITIES, BUT IT'S THE LACK OF POLICIES IN THIS
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NYS ASSEMBLY MAY 5, 2022
HOUSE THAT CONTINUE TO DRIVE UP OUR ENERGY BILLS. AND IF WE WANT
TRANSPARENCY TO THE PUBLIC, I'M ALL FOR THAT. BUT WHY DON'T WE START WITH
THE CLCPA. NO ONE WANTS TO DO A FULL TRUE COST-BENEFIT ANALYSIS ON
THAT TO SHOW WHAT IT'S GOING TO COST THE RATEPAYER AND INCREASED COSTS.
THE CO-DIRECTOR OF THE CAC, CLIMATE ACTION COUNCIL, SAID WE HAVE TO
KIND OF FIGURE OUT WHAT OUR POLICIES GOING TO BE FIRST BEFORE WE SAY
WHO'S GOING TO PAY FOR IT. THAT JUST KIND OF REMINDS ME OF THE OLD
NANCY PELOSI VOTE WHEN THEY WERE TALKING ABOUT THE HEALTHCARE BILL.
WE HAVE TO PASS IT BEFORE WE FIND OUT WHAT'S IN IT. THAT'S JUST
UNFORTUNATE. THAT'S NOT THE RIGHT WAY TO GO. AND THIS -- THIS -- THOSE
ARE THE CONCERNS THAT I RAISED ABOUT THE CLCPA IN THE PAST ABOUT THE
COST AND AFFORDABILITY. IT SEEMS LIKE -- THIS ALL TIES IN TOGETHER, SO THAT'S
WHY I'M BRINGING UP THE CLCPA. WE'VE GOT THE -- OUR ELECTRIC BILLS
EACH YEAR ARE GOING UP. WE ALREADY KNOW THE TRANSMISSION FROM THE
QUEBEC TO NEW YORK CITY IS GOING TO COST RATEPAYERS AN ADDITIONAL TEN
PERCENT ON THEIR BILLS IN UPSTATE NEW YORK. THAT'S UPSTATE NEW YORK.
THEY'RE BRINGING IT TO NEW YORK CITY, BUT UPSTATE NEW YORK IS GOING
TO SUBSIDIZE THIS WHILE (INAUDIBLE) WHILE UPSTATE NEW YORK EMISSIONS
-- OUR EMISSIONS FROM UPSTATE, 90 PERCENT ARE -- ARE EMISSION-FREE,
WHILE DOWNSTATE IS I THINK IS 77 PERCENT FOSSIL FUEL, BUT YET YOU CLOSE
DOWN INDIAN POINT WHICH WAS GOOD FOR THE ENVIRONMENT, SUPPLYING 25
PERCENT OF THE POWER TO NEW YORK CITY, A RELIABLE SOURCE OF ENERGY.
AND THEN WE TALK ABOUT ELECTRIFICATION AGAIN. LET'S BE TRANSPARENT WITH
THE PUBLIC ABOUT THAT. I DON'T SEE MUCH GOING ON ABOUT THAT WHEN --
WHEN -- WHEN THIS FULL-FLEDGED CLIMATE ACTION COUNCIL PLAN GOES
52
NYS ASSEMBLY MAY 5, 2022
THROUGH, THE PLANS THAT ARE GOING TO COME THROUGH AND THIS HOUSE IS
GOING TO PROBABLY ULTIMATELY HAVE TO VOTE ON, BY TELLING RESIDENTS,
HOMEOWNERS NOW, IF YOU CURRENT -- IN 2030 -- NOT 2040, 2030 -- IF YOU
CURRENTLY HEAT YOUR HOME WITH NATURAL GAS AND YOU HAVE A NATURAL GAS
BOILER, A NATURAL GAS FURNACE, COME 2030, IF YOU WANT TO REPLACE THAT
NATURAL GAS BOILER OR NATURAL GAS FURNACE IF IT GOES OUT, YOU CAN'T
REPLACE IT. OR GOD FORBID, EVEN IF IT'S YOUR DRY -- A NATURAL GAS DRYER OR
STOVE, YOU CAN'T REPLACE THAT. AT THAT POINT IN TIME, LADIES AND
GENTLEMEN, YOU HAVE TO CONVERT YOUR HOME OVER TO FULL ELECTRIFICATION.
THIS IS FOR EXISTING PEOPLE. A NUMBER OF MY COLLEAGUES ON THE OTHER
SIDE SAID, THIS CAN'T BE. I'VE HEARD REPORTS. THIS CAN'T BE FOR EXISTING.
YES, IT IS FOR EXISTING. THAT'S WHAT'S GOING TO HAPPEN, BECAUSE NOW
WHEN YOU DO THAT, WHEN YOU CONVERT YOUR HOME YOU HAVE TO BASICALLY
GET A GEOTHERMAL HEAT PUMP, WHICH CAN COST $30- TO $40,000. SURE,
WITH SUBSIDIES AND CREDITS YOU CAN GET IT DOWN TO $20,000. BUT YOU
JUST CAN'T BUY THE GEOTHERMAL HEAT PUMP, YOU HAVE TO IMPROVE YOUR
WHOLE INFRASTRUCTURE, THE SHELL OF YOUR PROPERTY, WITH INSULATION, WITH
ELECTRICITY CAPACITY TO YOUR HOME. AND THEN THINK ABOUT THE ELECTRIC
VEHICLES THAT ARE COMING ON LINE. THIS IS GOING TO BE A TREMENDOUS
INCREASE IN DEMAND, A TREMENDOUS INCREASE IN COST. SO WHEN WE TALK
ABOUT TRANSPARENCY, BECAUSE I KNOW THE SPONSOR WAS TALKING ABOUT IT
AND I APPLAUD HIM FOR THAT, BUT LET'S BE REALISTIC. ADDING A FEW THINGS
TO THE BILL IS -- IS JUST THE TIP OF THE ICEBERG. THERE'S A LOT MORE WE CAN
BE TRANSPARENT WITH THE PUBLIC ABOUT AS WE HAVE THIS DISCUSSION AND
MOVE FORWARD TO IMPLEMENTING THE CLCPA. BECAUSE THIS -- LADIES
53
NYS ASSEMBLY MAY 5, 2022
AND GENTLEMEN, THIS IS A RUNAWAY FREIGHT TRAIN HEADING FOR THE PUBLIC
AND THEY HAVE NO IDEA. I JUST WONDER HOW YOU'RE GOING TO DEBATE IT ON
HOW THIS IS A GOOD THING THAT THEY'RE GOING TO PAY $35,000 TO CONVERT
THEIR HOME OVER WHEN WE ONLY CONTRIBUTE IN NEW YORK 24 PERCENT OF
THE TOTAL CARBON EMISSIONS, AND CHINA, YES, CHINA IS 29 PERCENT. I
DON'T BELIEVE THEY'RE GOING TO HELP US IN THIS -- THIS MISSION.
SO BASED ON THAT, MR. SPEAKER, AND THE CONCERNS I
HAVE WITH -- EVEN WITH THE LANGUAGE OF THE BILL, I'M GOING TO BE VOTING
NO ON THIS LEGISLATION. I KNOW SOME OF MY COLLEAGUES MIGHT VOTE YES
BECAUSE OF TRANSPARENCY, BUT I'M GOING TO BE VOTING NO BECAUSE THERE'S
TOO MUCH AMBIGUITY IN THIS LANGUAGE THAT NEEDS TO BE ADDRESSED AND
CORRECTED AS WE MOVE FORWARD.
ACTING SPEAKER AUBRY: THANK YOU, MR.
PALMESANO.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. WOULD THE SPONSOR
YIELD?
ACTING SPEAKER AUBRY: MR. RIVERA, WILL YOU
YIELD?
MR. J.D. RIVERA: GLADLY.
ACTING SPEAKER AUBRY: MR. RIVERA YIELDS.
MR. GOODELL: THANK YOU, MR. RIVERA. I JUST HAD
A QUESTION ON HOW THIS ACTUALLY WORKS. I SEE THAT THIS BILL WOULD
REQUIRE THAT EACH BILL INCLUDE A SPECIFIC LINE ITEM OF THE HIGHEST
MEASUREMENT OF A SPECIFIC LINE ITEM OVER A PRIOR 52-WEEK PERIOD.
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NYS ASSEMBLY MAY 5, 2022
AND THAT'S A RELATIVELY EASY THRESHOLD TO ME FOR RESIDENTIAL BILLING
BECAUSE MOST RESIDENTIAL BILLS ARE, YOU KNOW, SET KILOWATT HOUR AND SET
DELIVERY FEE AND THEY'RE PRETTY STRAIGHTFORWARD. BUT THIS ALSO -- IN FACT,
THE VERY PURPOSE OF THIS BILL IS TO EXPAND THAT TO DEMAND-METERED
CUSTOMERS. THAT WOULD BE COMMERCIAL CUSTOMERS, CORRECT?
MR. J.D. RIVERA: CORRECT.
MR. GOODELL: SO COMMERCIAL CUSTOMERS, THEY
PAY A DIFFERENT RATE NOT ONLY BY DAY, SOMETIMES BY HOUR AND
SOMETIMES BY AMOUNT. SO IS IT YOUR INTENT THAT THE UTILITY WOULD
DISCLOSE TO A COMMERCIAL CUSTOMER THE HIGHEST CHARGE THAT THEY
INCURRED BROKEN DOWN BY THE MINUTE OR BY THE HOUR OR BY THE DAY OR BY
THE WEEK?
MR. J.D. RIVERA: IT WOULD TAKE WHATEVER METHOD
THAT THEY'RE CURRENTLY BEING BILLED AT AND SIMPLY BREAK THAT DOWN. IT
WILL --
MR. GOODELL: WELL, MOST COMMERCIAL CUSTOMERS
GET BILLED MONTHLY, BUT THIS REFERENCES A 52-WEEK PERIOD WHICH
SUGGESTS THAT THE BILLING HAS TO BE BROKEN DOWN AT LEAST WEEKLY. BUT AS
I NOTE, FOR COMMERCIAL CUSTOMERS THE RATE COULD BE VERY, VERY DIFFERENT
AT 6:00 P.M. THAN IT IS AT 6:00 A.M. WHAT -- WHAT WAS YOUR INTENT?
WAS IT YOUR INTENT THAT THEY WOULD USE A WEEKLY OR MONTHLY BASIS AND
JUST HAVE A ROLLING 12-MONTH OR A WEEKLY BASIS OR HOURLY OR BY MINUTE?
MR. J.D. RIVERA: IT WOULD BE MY ASSUMPTION THAT
THEY'D DO A ROLLING 12-MONTH. FIFTY-TWO WEEKS WOULD BE A REFLECTION
OF JUST 12 MONTHS (INAUDIBLE).
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NYS ASSEMBLY MAY 5, 2022
MR. GOODELL: THANK YOU VERY MUCH. I
APPRECIATE YOUR INSIGHTS.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. GOODELL: YOU KNOW, WE'RE ALL USED TO
RESIDENTIAL BILLS. UNFORTUNATELY, THEY KEEP ARRIVING EITHER
ELECTRONICALLY OR IN THE MAIL. AND OUR RESIDENTIAL BILLS ARE SIMPLISTIC
COMPARED TO THE COMMERCIAL BILLING. AND THE COMMERCIAL BILLING
OFTEN INVOLVES A SPECIFIC CONTRACT WITH THE UTILITY. I KNOW IN MY
DISTRICT, FOR EXAMPLE, YOU MAY HAVE A UTILITY CONTRACT THAT TIES IN
NYPA POWER, SPECIAL ALLOCATIONS THROUGH NYSERDA AND A NUMBER
OF OTHER CRITERIA THAT MAKE A COMMERCIAL BILL EXTRAORDINARILY
COMPLICATED. AT THE SAME TIME, THOSE COMMERCIAL CUSTOMERS, THEY'RE
ALSO BY AND LARGE VERY SOPHISTICATED AND THEY KNOW EXACTLY WHAT
THEY'RE PAYING AND WHEN AND THEY STRUCTURE THEIR MANUFACTURING
OPERATIONS TO REFLECT THAT. SO WHILE I APPRECIATE THE DESIRE OF MY
COLLEAGUE TO INCREASE TRANSPARENCY IN THE COMMERCIAL FIELD, I THINK THE
COST-BENEFIT RATIO IS VERY LOW AND THE COMPLEXITY IS QUITE HIGH. AND AT
THE END OF THE DAY, IT WILL RAISE RATES WITHOUT THE CORRESPONDING BENEFIT
BECAUSE OF THE COMPLEXITY IN THE COMMERCIAL FIELD WHERE WE REALLY
DON'T NEED TO TELL THE UTILITY COMPANIES AND THE COMMERCIAL CUSTOMERS
WHO OFTEN NEGOTIATE DIRECTLY WHAT THEY NEED TO KNOW IN ORDER TO
UNDERSTAND THEIR OWN OPERATIONS.
SO, NEW YORK HAS NEVER BEEN QUESTIONED ABOUT
HAVING TOO FEW REGULATIONS AND TOO FEW LAWS, AND I'M AFRAID THIS BILL,
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NYS ASSEMBLY MAY 5, 2022
WHILE VERY WELL-INTENDED, JUST ADDS MORE REGULATIONS AND MORE LAWS IN
AN ALREADY COMPLEX STATE. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 7256-A. THIS IS A PARTY VOTE. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE -- ANYONE 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 VERY MUCH, SIR.
ALTHOUGH WE EXPRESSED A GREAT DEAL OF CONCERNS ON HOW THIS WOULD
ACTUALLY BE IMPLEMENTED AND PRACTICED, BY AND LARGE THE REPUBLICAN
CONFERENCE DOES SUPPORT INCREASING TRANSPARENCY AND FOR THAT REASON I
WOULD ASK YOU HAVE THIS AS A FAST VOTE. THOSE WHO OPPOSE IT SHOULD
NOTIFY THE MINORITY LEADER'S OFFICE OR VOTE NO ON THE FLOOR.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU. PARTY
VOTE IN THE AFFIRMATIVE FROM THE MINORITY.
MS. SOLAGES.
MS. SOLAGES: THANK YOU, MR. SPEAKER. THE
MAJORITY WILL GENERALLY BE IN THE AFFIRMATIVE. IF ANYONE LOOKS TO VOTE
57
NYS ASSEMBLY MAY 5, 2022
AGAINST THIS FINE PIECE OF LEGISLATION, I ENCOURAGE THEM TO CALL THE
MAJORITY LEADER'S OFFICE AND WE'LL RECORD YOU AS A NO.
THANK YOU.
ACTING SPEAKER AUBRY: THE MAJORITY WILL BE
IN THE AFFIRMATIVE. THANK YOU.
(THE CLERK RECORDED THE VOTE.)
MR. PALMESANO.
MR. PALMESANO: YES, MR. SPEAKER AND MY
COLLEAGUES, BRIEFLY TO EXPLAIN MY VOTE BECAUSE I'VE ONLY GOT TWO
MINUTES, SO...
ACTING SPEAKER AUBRY: I LOVE THAT WORD, MR.
PALMESANO.
MR. PALMESANO: AGAIN, I DO SAY I UNDERSTAND
THE INTENT BEHIND THE -- THE SPONSOR'S LEGISLATION. TRANSPARENCY WITH
OUR UTILITY BILLS IS AN IMPORTANT THING. I DO HAVE SPECIFIC CONCERNS WITH
THE LANGUAGE OF THIS BILL, HOW BROAD IT IS, HOW AMBIGUOUS IT IS. AND I
THINK LISTING OUT ALL THESE THINGS WHEN WE WENT THROUGH BOTH FROM NOT
JUST USAGE BUT COSTS, TAXES, ASSESSMENTS, SUPPLY AND DEMAND, I THINK
THAT CAN PUT MORE OF AN ONUS ESPECIALLY ON THE COMMERCIAL SIDE WHEN
YOU TALK PEAK AND OFF-PEAK, WHICH I DO THINK WILL LEAD TO INCREASED
COSTS WHICH WILL ULTIMATELY BE PASSED ON TO THE CONSUMER. BUT I DO
UNDERSTAND MY -- A NUMBER OF MY COLLEAGUES MIGHT VOTE YES FOR THIS
BILL, I GET THAT. BUT I DO BELIEVE THE SPONSOR -- I WOULD ENCOURAGE THE
SPONSOR TO HAVE SOME DISCUSSION MAYBE WITH THE UTILITY COMPANIES JUST
TO KIND OF EXPLAIN HOW MAYBE WE CAN MODIFY THIS LANGUAGE, LOOK AT
58
NYS ASSEMBLY MAY 5, 2022
CHAPTER AMENDMENTS TO MAKE IT BETTER AND WORK IN A MORE EFFICIENT
AND EFFECTIVE WAY TO GET THE DESIRED OUTCOME OF TRANSPARENCY FOR OUR --
OUR CONSUMERS. I THINK THAT'S SOMETHING THAT COULD BE DONE. I THINK
PEOPLE WOULD BE OPEN TO THAT. I JUST THINK WE NEED TO LOOK AT SOME OF
THESE DETAILS WHERE I REALLY BELIEVE THERE'S SOME VAGUENESS AND
AMBIGUITY IN THE LANGUAGE WHICH COULD LEAD TO MORE COSTS AND MORE
BUREAUCRACY AND MORE CONFUSION. AND I WOULD JUST ENCOURAGE THE
SPONSOR TO KEEP AN OPEN MIND ON THAT PROCESS AS WE MOVE FORWARD
THROUGH THIS ON THIS PROCESS.
SO FOR THAT REASON, MR. SPEAKER, I'M GOING TO BE
VOTING IN THE NEGATIVE. THANK YOU.
ACTING SPEAKER AUBRY: MR. PALMESANO IN THE
NEGATIVE.
MR. RIVERA.
MR. J.D. RIVERA: TO EXPLAIN MY VOTE.
ACTING SPEAKER AUBRY: YES, SIR.
MR. J.D. RIVERA: THANK YOU AGAIN FOR ALL THOSE
THAT ARE SUPPORTING THE LEGISLATION. I GENERALLY FEEL AT THE END OF THE
DAY THIS IS SOMETHING THAT'S GOING TO SAVE PEOPLE MONEY. AT THE END OF
THE DAY IT'S THE -- TAKING A STEP, REASSESSING OUR USAGE OF ENERGY,
GATHERING THE INFORMATION, GATHERING THE DATA, DETERMINING HOW WE'RE
USING ENERGY IS THE FIRST STEP IN TRULY SAVING MONEY. WHETHER YOU'RE A
LARGE INDUSTRIAL FACTORY OR A SIMPLE SINGLE-FAMILY HOME, KNOWING WHAT
YOU SPEND EVERY MONTH IS, ONE, YOUR RIGHT BECAUSE YOU'VE SPENT IT AND
THAT'S YOUR MONEY, AND, TWO, IT IS THE FIRST STEP, LIKE I SAID, IN TRULY
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NYS ASSEMBLY MAY 5, 2022
SAVING MONEY.
SO THANK YOU AGAIN, AND THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. RIVERA IN THE
AFFIRMATIVE.
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, SIR. I'M GENERALLY
OPPOSED TO THIS LEGISLATION FOR THE REASONS I MENTIONED EARLIER IN THE
DEBATE THAT I THINK IT JUST NEEDS TO BE -- WE REALLY NEED TO LOOK AT THE
COST BENEFIT OF THIS. HOWEVER, I WANT TO POINT OUT TO ALL MY COLLEAGUES,
ESPECIALLY MY REPUBLICAN COLLEAGUES, THAT UNLESS THEY VOTE NO ON THE
FLOOR OR CALL THE MINORITY LEADER'S OFFICE AND VOTE NO, THEY WILL BE CAST
IN THE AFFIRMATIVE. SO IF YOU ARE OPPOSED MAKE SURE YOU LET US KNOW,
AND NOW WOULD BE A GOOD TIME TO LET US KNOW.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: CERTAINLY. JUST
ENSURE MY COLLEAGUES ON THE MINORITY THAT YOU KNOW WHICH WAY YOU
REALLY WANT TO VOTE.
MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. PLEASE
RECORD THE FOLLOWING COLLEAGUES IN THE NEGATIVE: MR. DIPIETRO, MR.
FRIEND AND MR. GALLAHAN.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, SIR. SO
NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
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NYS ASSEMBLY MAY 5, 2022
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 31, CALENDAR NO. 480, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A08934-B, CALENDAR
NO. 480, SAYEGH. AN ACT TO AMEND THE PUBLIC OFFICERS LAW, IN
RELATION TO CORRECTING GENDERED LANGUAGE.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MR. SAYEGH.
MR. SAYEGH: THANK YOU VERY MUCH. THANK YOU.
AS YOU KNOW, LAST AUGUST WE HAD A NEW GOVERNOR, A FEMALE
GOVERNOR, AND THE FIRST FEMALE GOVERNOR OF NEW YORK STATE. AND
WHEN WE LOOKED AT THE PUBLIC SERVICE -- OFFICERS LAWS, WE REALIZED
THAT THE CONCEPT OR THE TERMINOLOGY TO ADDRESS A GOVERNOR WAS REFERRED
TO AS HIS, AND I GUESS THE TRADITION AND HAVING HAD MEN GOVERNORS
THROUGHOUT OUR HISTORY, THIS WAS NEW. SO THIS LEGISLATION CORRECTS --
FALLS INTO THE CATEGORY OF CORRECTING GENDER LANGUAGE WHEN REFERRING TO
THE GOVERNOR. AND WHAT THIS DOES IS CHANGE THE LANGUAGE THAT REFERS
TO THE GOVERNOR, ACTIONS TAKEN BY THE GOVERNOR FROM "HIS" TO "AT THE
GOVERNOR'S," WHETHER "DISCRETION OR THE GOVERNOR SHALL," AND IT MAKES
A LOT OF SENSE. IT TAKES THE GENDER OF HIS AND HER AND WHATEVER ELSE WE
BELIEVE IN OUT OF THE EQUATION AND GENERALIZES AND CLEARLY POINTS TO THE
GOVERNOR AS THE GOVERNOR.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
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NYS ASSEMBLY MAY 5, 2022
THE VOTE ON ASSEMBLY PRINT 8934-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.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD MY
COLLEAGUE MR. DIPIETRO IN THE NEGATIVE. APPARENTLY, HE'S HOPING THAT
THE NEXT GOVERNOR WILL BE A MALE SO WE'LL GET THE STATUTORY LANGUAGE
BACK IN SYNC. THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 32, CALENDAR NO. 495, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A01084-A, CALENDAR
NO. 495, PAULIN. AN ACT TO AMEND THE ELECTION LAW, IN RELATION TO
BALLOTS SUBMITTED IN ENVELOPES THAT ARE SEALED WITH TAPE, PASTE OR ANY
OTHER BINDING AGENT OR DEVICE AND HAVE NO INDICATION OF TAMPERING.
ACTING SPEAKER AUBRY: AN EXPLANATION IS A
REQUESTED, MS. PAULIN.
MS. PAULIN: YES, OF COURSE. THE BILL WOULD
REQUIRE THAT ABSENTEE BALLOTS SHOULD BE CONSIDERED VALID WHEN THE
INNER ENVELOPE IS SEALED WITH TAPE, PASTE OR OTHER BINDING AGENT OR
DEVICE AND THERE IS NO INDICATION OF TAMPERING.
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NYS ASSEMBLY MAY 5, 2022
ACTING SPEAKER AUBRY: MR. NORRIS.
MR. NORRIS: WOULD THE SPONSOR YIELD FOR A COUPLE
OF QUESTIONS?
MS. PAULIN: YES.
ACTING SPEAKER AUBRY: MS. PAULIN YIELDS,
SIR.
MR. NORRIS: THREE TIMES THIS WEEK WE'RE DEBATING
ELECTION LAW BILLS, BUT JUST A COUPLE OF QUESTIONS. IN TERMS OF WHAT IS
THE REASON FOR THIS? RIGHT NOW, SOMEONE CAN JUST SEAL UP THE
ENVELOPE, YOU KNOW, IN A TRADITIONAL MANNER. WHY DO WE HAVE TO HAVE
THIS STEP?
MS. PAULIN: THE -- BELIEVE IT OR NOT, YOU KNOW,
THIS CAME UP WITH THAT SAME PERSON, YOU KNOW, AND BECAUSE SHE SCOTCH
TAPES EVERYTHING, YOU KNOW, I THINK SOME PEOPLE DO. AND SO THERE
WAS A CONCERN THAT THERE WAS, AGAIN, AN INCONSISTENCY ABOUT HOW THOSE
MIGHT BE HANDLED. SO WE ASKED THE STATE BOARD WHAT IS THE GUIDANCE
THAT THEY GIVE AND WHAT WE DID IS WE CODIFIED THE GUIDANCE THAT THEY
THEN ARE ALREADY USING FOR THE STATE -- THE LOCAL BOARDS, AND THEY READ
THAT IT'S NOT BAD TO HAVE THAT GUIDANCE ACTUALLY IN STATUTE. SO THAT WAS
THE -- WHAT WE DID.
MR. NORRIS: AND HOW -- HOW DO YOU DEFINE AND,
LIKE, NO INDICATION OF TAMPERING? HOW WOULD YOU DEFINE IT? I GUESS
WE JUST SEE IT AND IT IS THAT WAY, OR DO THE COMMISSIONERS RULE ON THAT?
MS. PAULIN: AGAIN, I THINK IT WOULD BE A JUDGMENT
CALL, YOU KNOW, AND IT IS THE INNER ENVELOPE. SO YOU KNOW, IF SOMEONE
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NYS ASSEMBLY MAY 5, 2022
JUST WANTS TO, YOU KNOW, A LOT OF TIMES, YOU KNOW, THE -- THE STICKY
DOESN'T WORK, RIGHT, SO YOU TAPE IT AND IF IT LOOKS NORMALLY TAPED, THEN
GREAT. IF IT LOOKS LIKE IT'S ALL SCRUNCHED UP AND, YOU KNOW, MAYBE THEY
WOULDN'T ACCEPT THAT, YOU KNOW. BUT SO IT'S JUST -- IT'S JUST MAKING
CLARITY AND -- AND SO WE ENFRANCHISE AS MANY PEOPLE AS POSSIBLE,
ESPECIALLY PEOPLE WHO ARE USED TO TAPING THEIR EVERY ENVELOPE.
MR. NORRIS: AND IF THIS BILL DOES BECOME LAW THEN
THE COMMISSIONERS WOULD MAKE A RULING AND IF THEY SPLIT AT THAT POINT,
EITHER A JUDGE OR THE BALLOT WOULD BE LAID ASIDE FOR --
MS. PAULIN: YES, SAME -- SAME PROCESS.
MR. NORRIS: SAME PROCEDURE. HAVE YOU EVER
HEARD OF A SITUATION WHERE POTENTIALLY VOLUNTEERS FOR A CAMPAIGN OR
INDIVIDUALS WOULD ACTUALLY SEE OPEN BALLOTS AND ACTUALLY THEN INSERT
NEW BALLOTS INSIDE?
MS. PAULIN: I -- I THINK THAT'S PROBABLY BEEN IN A
LAWSUIT AT SOME POINT, BUT I -- I HAVEN'T MYSELF HEARD -- HEARD ABOUT
THAT.
MR. NORRIS: ALL RIGHT. THERE WAS AN ARTICLE THAT I
READ ABOUT THIS. I MEAN, IN MY NECK OF THE WOODS, I'LL BE HONEST WITH
YOU, I DON'T -- I'VE NEVER SEEN THAT TAKE PLACE, BUT I KNOW THERE'S SOME
CONCERN OUT THERE ABOUT THIS REALLY UNLAWFUL PRACTICE THAT OCCURS. AND
I'M ALWAYS CONCERNED ABOUT MAKING SURE THAT THE SANCTITY OF THE BALLOT
IS PROTECTED FOR THE VOTER, AND THIS MAY JUST OPEN THE DOOR FOR THIS TYPE
OF ACTIVITY AND THAT'S ONE OF THE CONCERNS THAT I HAVE FOR ACTUALLY
PLACING THIS SPECIFIC LANGUAGE IN THE STATUTE, SO...
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NYS ASSEMBLY MAY 5, 2022
MS. PAULIN: I THINK THAT IF -- IF THE -- THE BILL
ADDRESSED BOTH THE OUTSIDE AND THE INSIDE, YOU KNOW, IN SAYING THAT IF
THEY WERE BOTH TAPED AT THE SAME TIME OR SOMETHING, BUT, YOU KNOW,
CLEARLY IF SOMEBODY WAS TAMPERING, YOU KNOW, THEY WOULD HAVE TO
OPEN THAT -- THAT, YOU KNOW, THE OUTER BALLOT WHICH IS -- AND THE INNER
BALLOT AND PERHAPS THEN THE BOARD WOULD QUESTION IT.
MR. NORRIS: YEAH, I GUESS FROM WHAT THIS ARTICLE
SAID IS THAT THEY WOULD STEAM OPEN THE INNER ENVELOPE AND THEN THEY
WOULD PHOTOCOPY THE BALLOTS, I THINK THAT WOULD BE DIFFICULT IN A
NORMAL GENERAL ELECTION BALLOT IN NEW YORK, FOR EXAMPLE, BUT IN OTHER
TYPES OF ELECTIONS, LIKE MAYBE SCHOOL BOARD ELECTIONS OR FIRE DISTRICT
ONES YOU COULD JUST PHOTOCOPY THOSE BALLOTS LIKE THE CLERKS DO BECAUSE
THEY DON'T BUY THE SCANTRON ONES TYPICALLY FOR THAT TYPE OF A BALLOT, BUT
THEN YOU COULD INSERT THEM IN AND THEN IF THEY, YOU KNOW, IT WOULD BE
HARDER TO RESEAL THAT ENVELOPE, YOU KNOW, BECAUSE IT'S BEEN OPENED --
YOU KNOW, STEAMED OPEN. THEY THEN WOULD USE THE TAPE OR SOME SORT
OF FIXING ON THAT.
MS. PAULIN: I WOULD AGREE THAT WOULD BE
TROUBLESOME. I WOULD ALSO, THOUGH, SAY THAT IF YOU REALLY WANTED TO
IMPACT AN ELECTION, YOU'RE GOING TO SEE MULTIPLE, YOU'RE NOT GOING TO
JUST SEE ONE. AND THIS IS REALLY TO ADDRESS THE, YOU KNOW, THAT ONE
ELDERLY WOMAN NOT NECESSARILY, YOU KNOW, IF THE BOARD SAW THAT THERE
WERE DOZENS AND DOZENS TAPED IN THE SAME WAY, YOU KNOW, THAT MIGHT
RAISE SOME RED FLAGS TO CAUSE ONE OF THE ELECTION INSPECTORS TO SAY,
WAIT, HOLD ON.
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NYS ASSEMBLY MAY 5, 2022
MR. NORRIS: AND THEY COULD REVIEW AT THAT POINT
IN TIME AND THEN IF THEY FOUND SOMETHING, THEY COULD ALWAYS REFER IT TO
A, YOU KNOW, A CRIMINAL -- A LAW ENFORCEMENT AGENCY INVESTIGATION.
MS. PAULIN: AND -- AND THEY SHOULD.
MR. NORRIS: AS THEY SHOULD, BECAUSE WE DON'T
CONDONE THAT IN THE STATE OF NEW YORK AT ALL. SO THANK YOU VERY
MUCH, MS. PAULIN --
MS. PAULIN: THANK YOU.
MR. NORRIS: -- FOR ANSWERING MY QUESTIONS AND IN
DEBATING ALL THE BILLS THIS WEEK ON THE ELECTION LAW.
MS. PAULIN: I THINK WE'RE DONE.
(LAUGHTER)
MR. NORRIS: I BELIEVE WE ARE DONE, YES, FOR THIS
WEEK.
MR. SPEAKER, ON THE BILL VERY BRIEFLY.
ACTING SPEAKER CUSICK: ON THE BILL.
MR. NORRIS: THANK YOU VERY MUCH, MR. SPEAKER.
I JUST, AGAIN, LIKE THE BILL FROM YESTERDAY, I FIND THAT THIS SPECIFIC
LANGUAGE DOES CAUSE PROBLEMS POTENTIALLY BY PUTTING IT RIGHT IN THE
STATUTE. THERE'S ALREADY A PROCEDURE IN PLACE FOR CHALLENGING THE
BALLOTS THAT CAN BE LAID ASIDE. THEY COULD BE REVIEWED BY THE BOARD OF
ELECTIONS COMMISSIONERS AND THEN A JUDGE IF NEEDED. AND THOUGH THE
DISCUSSION ABOUT STEAMING OPEN THE INNER BALLOTS AND INSERTING OTHER
BALLOTS ARE PROBABLY VERY RARE AND, OF COURSE, ILLEGAL IN THE STATE OF
NEW YORK. IF SOMEONE WERE TO DO THAT, ELECTION TAMPERING, I JUST HAVE
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NYS ASSEMBLY MAY 5, 2022
THAT AS A CONCERN. AND I BELIEVE THAT THIS IS A STEP, AGAIN, JUST TOO FAR
IN CODIFYING THIS WITHIN OUR STATUTE AND, THEREFORE, I WOULD ENCOURAGE
MY COLLEAGUES TO VOTE NO ON THIS BILL. AND I APPRECIATE MS. PAULIN
ANSWERING MY QUESTIONS AND, MR. SPEAKER, FOR YOU ALLOWING ME TO BE
HEARD ON THIS ISSUE TODAY AS THE RANKING MEMBER OF THE ELECTION LAW
COMMITTEE. THANK YOU.
ACTING SPEAKER CUSICK: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER CUSICK: THE CLERK WILL
RECORD THE VOTE ON A1084-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'S OFFICE AT THE
NUMBERS PREVIOUSLY PROVIDED.
MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER. IN GENERAL,
THIS -- THE REPUBLICAN CONFERENCE WILL BE IN THE NEGATIVE ON THIS BILL;
HOWEVER, IF THERE ARE MEMBERS THAT WISH TO CAST THEIR VOTE IN THE
AFFIRMATIVE THEY SHOULD CONTACT THE MINORITY LEADER'S OFFICE AND THEIR
VOTE WILL BE RECORDED ACCORDINGLY. THANK YOU.
ACTING SPEAKER CUSICK: MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THIS IS A PARTY VOTE IN THE AFFIRMATIVE. COLLEAGUES WHO
WOULD LIKE TO BE AN EXCEPTION SHOULD FEEL COMFORTABLE IN CONTACTING
THE MAJORITY LEADER'S OFFICE, WE'LL MAKE SURE YOUR VOTE IS PROPERLY
RECORDED. THANK YOU, SIR.
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NYS ASSEMBLY MAY 5, 2022
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER CUSICK: MR. JACOBSON TO
EXPLAIN HIS VOTE.
MR. JACOBSON: THANK YOU, MR. SPEAKER, I'D LIKE
TO EXPLAIN MY VOTE. I WANT TO COMMEND THE SPONSOR FOR THIS -- FOR THIS
BILL. TOO OFTEN PEOPLE, WHEN THEY SEND IT BACK, DON'T KNOW THAT THEY
CAN'T TAPE IT CLOSED. THEY GET THEIR ABSENTEE BALLOT, THEY -- THEY TRY TO
SEAL IT, IT DOESN'T SEAL PROPERLY, THEY WANT TO MAKE SURE THAT THEIR --
NOBODY ELSE SEES WHAT THEY'RE DOING THAT -- THAT IT -- WHEN THEY MAIL IT
OUT, SO THEY NATURALLY TAPE THINGS, THEY TAPE THE ENVELOPE. AND YET LO
AND BEHOLD, THAT WILL THROW OUT THE VOTE. SO THIS IS A LONG OVERDUE
REFORM AND I'M HAPPY AND PROUD TO VOTE FOR THIS BILL. THANK YOU.
ACTING SPEAKER CUSICK: MR. JACOBSON IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 30, CALENDAR NO. 453, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A07678, CALENDAR NO.
453, DINOWITZ. AN ACT TO AMEND THE PENAL LAW AND THE GENERAL
BUSINESS LAW, IN RELATION TO INCREASING MONETARY THRESHOLDS FOR THE
CRIMES OF GRAND LARCENY, THEFT OF SERVICES, AND SECURITIES FRAUD.
ACTING SPEAKER CUSICK: AN EXCLAMATION --
EXPLANATION HAS BEEN REQUESTED -- I'M SORRY.
MR. DINOWITZ.
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NYS ASSEMBLY MAY 5, 2022
MR. DINOWITZ: THIS BILL INCREASES THE MONETARY
THRESHOLDS FOR THE CRIMES OF GRAND LARCENY, THEFT OF SERVICES, AND
SECURITIES FRAUD.
ACTING SPEAKER CUSICK: MR. MORINELLO.
MR. MORINELLO: WILL THE SPONSOR YIELD FOR A
COUPLE QUESTIONS?
ACTING SPEAKER CUSICK: WILL THE SPONSOR
YIELD?
MR. DINOWITZ: BUT OF COURSE.
MR. MORINELLO: THANK YOU VERY MUCH, SIR.
ACTING SPEAKER CUSICK: THE SPONSOR YIELDS.
MR. MORINELLO: WHO OR WHAT IS OCA?
MR. DINOWITZ: IT'S A WHAT; OCA IS THE OFFICE OF
COURT ADMINISTRATION.
MR. MORINELLO: AND WHAT IS THEIR FUNCTION?
MR. DINOWITZ: TO RUN THE COURTS.
MR. MORINELLO: OKAY. SO THEY ARE A BODY THAT
DEALS WITH THE JUDGES AND THE COURTS.
MR. DINOWITZ: AMONG OTHER THINGS, YES.
MR. MORINELLO: AND WHAT IS AN OCA PROGRAM
BILL?
MR. DINOWITZ: AN OCA PROGRAM BILL IS A BILL PUT
FORTH BY OCA, JUST AS THERE ARE BILLS PUT FORTH BY, YOU KNOW, THE
GOVERNOR, THE ATTORNEY GENERAL, OR VARIOUS AGENCIES.
MR. MORINELLO: DO YOU -- DO YOU KNOW WHAT
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NYS ASSEMBLY MAY 5, 2022
THE METRICS THAT WERE USED -- UTILIZED TO BASE THE INCREASED AMOUNTS
ON?
MR. DINOWITZ: WELL, I THINK THE ORIGINAL NUMBERS,
DOLLAR AMOUNTS WERE FROM 1915, THAT'S EVEN BEFORE DICK GOTTFRIED GOT
HERE; IT'S A LONG TIME AGO. AND THAT'S 107 YEARS AGO SO THOSE NUMBERS
NEED TO BE UPDATED. SO FOR EXAMPLE, IT'S MY UNDERSTANDING THAT $250
IN 1915 WOULD BE SOMETHING LIKE $6,500 TODAY.
MR. MORINELLO: THE AMOUNTS ARE BEING
DISCUSSED, BUT DOES THE AMOUNT CHANGE THE IMPACT ON THE VICTIM?
MR. DINOWITZ: THE -- THE AMOUNTS, WE'RE JUST
TRYING TO TRANSLATE THINGS INTO THE 21ST CENTURY. SO THIS DOESN'T HURT A
VICTIM, THIS -- THIS IS JUST A FAIRER NUMBER.
MR. MORINELLO: BUT WHAT I WAS LEADING TO IS THE
VICTIM STILL SUFFERS SOMETHING WHETHER IT'S A LOSS, WHETHER IT'S AN
EMOTIONAL -- SOMEONE BREAKS INTO THEIR HOME. SO IT DOES -- DOES -- IS
THIS SUPPOSED TO MINIMIZE THE EFFECT ON A VICTIM?
MR. DINOWITZ: WELL, I MEAN THE -- A PERSON WHO
IS VICTIMIZED ALREADY SUFFERED THE EFFECTS OF BEING VICTIMIZED.
MR. MORINELLO: SO WHAT THIS WOULD DO IS MAYBE
LESSEN THE -- THE PENALTY FOR THE PERPETRATOR EVEN THOUGH THE -- THE
IMPACT ON THE VICTIM MAY BE THE SAME. WHAT -- WHAT I'M GETTING AT IS
A VICTIM IS GOING TO SUFFER AN EMOTIONAL LOSS. A VICTIM MAY SUFFER
SOME -- SOMETHING IN A ROBBERY, A VICTIM MAY STILL SUFFER -- WILL STILL
SUFFER THE SAME EMOTIONAL STIGMA. SO IS THERE ANY CONSIDERATION FOR
THE VICTIM IN THIS BILL?
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NYS ASSEMBLY MAY 5, 2022
MR. DINOWITZ: THIS -- A PERSON CAN OBVIOUSLY STILL
BE PROSECUTED. JUST SO YOU KNOW, THIS WAS ONE OF A SERIES OF BILLS THAT
WAS INTRODUCED AT THE REQUEST OF THE CHIEF ADMINISTRATIVE JUDGE AND IT
WAS BASED UPON RECOMMENDATIONS OF HIS ADVISORY COMMITTEE ON
CRIMINAL LAW AND PROCEDURE. SO THIS ISN'T LIKE A POLITICAL THING THAT --
THAT I, YOU KNOW, CAME UP WITH MYSELF. IT ORIGINATED FROM
RECOMMENDATIONS OF THE CRIMINAL COURT JUDGES ASSOCIATION AND IT
UPDATES AND SEEKS TO HARMONIZE SOME OF THE MONETARY THRESHOLDS FOR
THE CRIMES THAT I MENTIONED, GRAND LARCENY, THEFT OF SERVICES, AND
SECURITIES FRAUD.
MR. MORINELLO: BUT IN LISTENING TO YOUR LIST,
THERE ISN'T ONE CONSIDERATION FROM ANY VICTIM ADVOCACY GROUPS; WOULD
I BE CORRECT?
MR. DINOWITZ: I --
MR. MORINELLO: BASED ON A LIST --
MR. DINOWITZ: I'M NOT AWARE THAT ANY VICTIM --
I'M NOT AWARE THAT ANY VICTIMS ADVOCACY GROUPS HAVE WEIGHED IN ON
THIS BECAUSE THE -- THAT'S JUST NOT THE ISSUE HERE.
MR. MORINELLO: OKAY.
MR. DINOWITZ: YES, AND -- AND THERE CAN STILL BE
PROSECUTIONS. I MEAN, THAT DOESN'T CHANGE ONE BIT.
MR. MORINELLO: DOES THE -- THE OCA IS A BODY
DEALING WITH COURTS AND JUDGES; AM I CORRECT?
MR. DINOWITZ: WELL, THE -- THE OCA RUNS THE
COURT SYSTEM.
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NYS ASSEMBLY MAY 5, 2022
MR. MORINELLO: THE COURTS. OKAY. NOW, AREN'T
JUDGES SUPPOSED TO BE FAIR AND IMPARTIAL? AND THEY'RE -- THEY'RE NOT
SUPPOSED TO INVOLVE THEMSELVES IN THE ISSUES, THEY TAKE ISSUES AND
APPLY THE LAW; AM I CORRECT?
MR. DINOWITZ: I DON'T BELIEVE JUDGES ARE
SUPPOSED TO TAKE POSITIONS ON ISSUES, BUT THIS IS NOT JUDGES, THIS IS THE
BUREAUCRACY THAT RUNS THE COURT SYSTEM.
MR. MORINELLO: BUT THIS IS THE BUREAUCRACY THAT
OVERSEES THE JUDGES, SO SHOULD THEY NOT BE FAIR AND IMPARTIAL AND NOT
INVOLVE THEMSELVES IN ANY SUBSTANCE ON THE LAW, THAT WOULD BE THE
LEGISLATION'S JOB. AND FOR THEM TO INVOLVE THEMSELVES ON A
RECOMMENDATION, WOULD THAT MAKE -- NOT BE A VIOLATION OF THE
OBLIGATIONS OF THE JUDICIARY?
MR. DINOWITZ: I DON'T THINK SO. WHATEVER --
WHATEVER DISAGREEMENTS I MAY HAVE WITH OCA FROM TIME TO TIME ON
SPECIFIC ISSUES, THE -- THE OFFICE OF COURT ADMINISTRATION IS CERTAINLY
FREE TO MAKE RECOMMENDATIONS ON -- ON STATUTES, ESPECIALLY AS IT RELATES
TO HOW THE COURT SYSTEM RUNS, AND I'M SURE YOU KNOW THAT EVERY YEAR
YOU VOTE ON SOME BILLS THAT HAVE BEEN PUT FORTH BY OCA.
MR. MORINELLO: CORRECT. BUT AT THIS POINT, I'VE
GOT AN OPPORTUNITY TO INQUIRE. SO THANK YOU, MR. DINOWITZ. I DO
APPRECIATE THE -- THE CANDOR AND THE ABILITY TO INQUIRE.
ON THE BILL, SIR.
ACTING SPEAKER CUSICK: ON THE BILL.
MR. MORINELLO: WHAT I FIND VERY DISTURBING IS
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NYS ASSEMBLY MAY 5, 2022
THIS: IN MY TIME HERE, WHICH HAS BEEN SIX YEARS NOW, THERE SEEMS TO
BE A TREND THAT WE ARE PUTTING OUT TO THE GENERAL PUBLIC THAT YOU DO NOT
HAVE TO -- THERE ARE NO CONSEQUENCES TO YOUR ACTIONS, THAT NO ONE NEEDS
TO BE RESPONSIBLE FOR THE CONSEQUENCES OF THEIR ACTIONS. WHAT I ALSO
FIND VERY DISTURBING IS THIS: IT'S VICTIMS WHO SUFFER; YET, IT SEEMS TO BE
THAT WE ARE PROTECTING THOSE THAT COMMIT THE CRIMES, THOSE THAT ACTUALLY
IMPACT A VICTIM'S LIFE. SO WHETHER A VICTIM LOSES 1,000 OR 10,000, THAT
VICTIM IS SUFFERING SOMEHOW; YET, IT JUST SEEMS THAT THAT FACTOR MISSES
THE POINT.
NOW, LET'S GOES TO UNDER $100 IT'S A VIOLATION. DO YOU
KNOW WHAT A VIOLATION IS? A VIOLATION IS WHEN THE SPEAKER PRO TEM
JUST GIVES US A REPRIMAND ON THE FLOOR. THAT'S WHAT A VIOLATION IS. IT'S A
SLAP ON THE WRIST. AND IT'S UP TO $100, WHICH IS ABSOLUTELY ABSURD.
THERE HAS TO BE SOME KIND OF ACCOUNTABILITY THAT THIS BODY NEEDS TO
START PUTTING INTO OUR LEGISLATION. THIS COUNTRY IS NOW WROUGHT WITH
CRIME, SHOOTINGS EVERY DAY. AND IT'S NOT THE GUN THAT'S THE PROBLEM, IT'S
THE SHOOTER. WE KEEP TRYING TO BLAME THE INANIMATE OBJECT AS THE GUN;
YET, IT'S THE SHOOTER. AND THESE BILLS -- AND THIS BILL IS JUST ANOTHER
ATTEMPT TO SHOW THERE IS NO CONSEQUENCES, THAT WE CAN BECOME
LAWLESSNESS AND THAT PEOPLE CAN DO WHATEVER THEY PLEASE. I URGE ALL
MY CONSTITUENT -- ALL MY COLLEAGUES TO VOTE NO ON THIS BILL, AND I WILL
BE VOTING NO. THANK YOU.
ACTING SPEAKER CUSICK: MR. REILLY.
MR. REILLY: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD?
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NYS ASSEMBLY MAY 5, 2022
ACTING SPEAKER CUSICK: WILL THE SPONSOR
YIELD?
MR. DINOWITZ: YES.
ACTING SPEAKER CUSICK: THE SPONSOR YIELDS.
MR. REILLY: THANK YOU, MR. DINOWITZ. JUST ONE
QUESTION, IN REGARDS TO THIS LEGISLATION UPDATING THE VALUE AND RAISING
THE THRESHOLD, IS THERE ANYTHING IN THE LEGISLATION THAT COULD
DIFFERENTIATE VICTIMS THAT ARE 65 YEARS OR OLDER BECAUSE WE'RE SEEING
THAT OUR ELDERLY ARE TARGETED QUITE OFTEN THROUGH SCAMS AND FRAUDULENT
ACTIVITY. IF WE LOWER THAT THRESHOLD BELOW $1,000, WE ARE NOW KIND OF
EMPOWERING THOSE WHO VICTIMIZE THE SENIORS.
MR. DINOWITZ: WELL, LOOKING AT THIS VERY SHORT
BILL, I DON'T SEE ANYTHING LIKE THAT IN HERE.
MR. REILLY: ALL RIGHT. WOULD -- I KNOW IT'S LATE
NOW, OF COURSE, BECAUSE THE BILL IS ON THE FLOOR, IS THERE ANY
OPPORTUNITY POSSIBLY TO DISCUSS THAT AND ENSURING THAT WE COULD MAYBE
AMEND OR HAVE A BILL THAT WOULD PROTECT THOSE SENIORS THAT ARE QUITE
OFTEN VICTIMS OF THIS FRAUDULENT CRIME?
MR. DINOWITZ: WELL, YOU KNOW ME, MY DOOR IS
ALWAYS OPEN, BUT AS I SAID, THIS BILL DOESN'T DIFFERENTIATE BASED ON AGE.
MR. REILLY: OKAY. I -- I APPRECIATE THAT AND I
DEFINITELY LOOK FORWARD TO DISCUSSING IT WITH YOU. I ACTUALLY HAVE A BILL
THAT WOULD -- GRAND LARCENY FROM THE PERSON MAKING IT A SEPARATE CRIME
FOR THOSE 65 AND OVER, AND I THINK, LIKE I SAID, I LOOK FORWARD TO
WORKING WITH YOU AND HOPEFULLY WE CAN FIX MAYBE THAT LITTLE BIT OF A
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NYS ASSEMBLY MAY 5, 2022
LOOPHOLE. THANK YOU SO MUCH. THANK YOU, MR. SPEAKER.
ACTING SPEAKER CUSICK: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER CUSICK: THE CLERK WILL
RECORD THE VOTE ON A7678. THIS IS A PARTY VOTE. ANY MEMBER WHO
WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION IS
REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS
PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. THE
REPUBLICAN CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION FOR THE
REASONS MENTIONED BY MY COLLEAGUE, BUT THOSE WHO SUPPORT IT CAN
CERTAINLY VOTE IN FAVOR OF IT HERE ON THE FLOOR OR BY CONTACTING THE
MINORITY LEADER'S OFFICE.
THANK YOU, SIR.
ACTING SPEAKER CUSICK: 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 SOME WHO WILL CHOOSE 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.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER CUSICK: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
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NYS ASSEMBLY MAY 5, 2022
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 32, CALENDAR NO. 497, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A02549, CALENDAR NO.
497, FAHY. AN ACT TO AMEND THE SOCIAL SERVICES LAW, IN RELATION TO
HOME VISITING SERVICES FOR APPLICANTS FOR, OR RECIPIENTS OF, PUBLIC
ASSISTANCE BENEFITS WHO ARE EXEMPT FROM CERTAIN WORK ACTIVITIES.
ACTING SPEAKER CUSICK: AN EXPLANATION HAS
BEEN REQUESTED, MS. FAHY.
MS. FAHY: YES, THANK YOU. THIS BILL IS A BILL THAT
WOULD ALLOW INDIVIDUALS WHO ARE RECEIVING PUBLIC ASSISTANCE BENEFITS
SUCH AS UNDER TANF, PRIMARILY TANF, TO COUNT THE RECEIPT OF HOME
VISITING SERVICES AS PART OF THEIR WORK ACTIVITIES REQUIREMENT, OR
PARTIALLY COUNT IT TOWARD RECEIVING THE PUBLIC ASSISTANCE. AND IT'S --
HOME VISITING IS AN EVIDENCED-BASED PROGRAM WITH MANY DECADES
BEHIND IT TO PROVIDE FAMILIES WITH SERVICES. IT HELPS EMPOWER AND
ASSIST NEW PARENTS WITH VERY CRITICAL PARENTING LIFE SKILLS, AND THE IDEA
IS TO HELP PREVENT VERY COSTLY EARLY INTERVENTION SERVICES, AS WELL AS
PREVENT CHILD ABUSE. AND, AGAIN, THESE HAVE BEEN VERY HIGHLY-
EVIDENCED BASED PROGRAMS. THANK YOU.
ACTING SPEAKER CUSICK: MR. SIMPSON.
MR. SIMPSON: THANK YOU, MR. SPEAKER. WOULD
THE SPONSOR YIELD FOR A FEW QUESTIONS?
ACTING SPEAKER CUSICK: WILL THE SPONSOR
YIELD?
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NYS ASSEMBLY MAY 5, 2022
MS. FAHY: SURELY, THANK YOU.
ACTING SPEAKER CUSICK: THE SPONSOR YIELDS.
MR. SIMPSON: THANK YOU. NOW, I THINK I HEARD
YOU SAY THAT IT WOULD -- A PERSON THAT WAS IN THIS PROGRAM RECEIVING
THESE SERVICES THAT IT WOULD QUALIFY AS PART OF THEIR WORK REQUIREMENT.
WOULD -- WOULD IT ALSO EXEMPT THEM FROM THE WORK REQUIREMENT --
MS. FAHY: IT'S THE --
MR. SIMPSON: -- OR AT LEAST PARTIAL?
MS. FAHY: IT'S THE WORK SEARCH REQUIREMENT AND IT
IS ONLY PARTIALLY. IT -- IT COUNTS TOWARDS THE CERTAIN NUMBER OF HOURS IN
THAT WORK SEARCH REQUIREMENT.
MR. SIMPSON: IS THERE A TIME FRAME? LIKE, HOW
LONG CAN SOMEONE BE IN THIS?
MS. FAHY: THE FIRST SIX WEEKS ARE -- THERE'S A
CERTAIN LEVEL, UP TO 20 HOURS, AND THEN AFTER SIX WEEKS IT'S SIGNIFICANTLY
LESS. AGAIN, AS AUTHORIZED UNDER -- UNDER FEDERAL LAW FOR A NUMBER OF
THESE PROGRAMS. IT'S I THINK TEN HOURS THEN AFTER THAT AS THEY BUILD
THOSE FAMILY LIFE SKILLS.
MR. SIMPSON: SO IS THIS AN EXPANSION OF THE
SERVICES THAT WE'RE OFFERING, OR -- AND ALSO EXPANDING ELIGIBILITY FOR
OTHERS TO BE PART OF THIS PROGRAM?
MS. FAHY: IT'S INCENTIVIZING. IT'S TRYING TO
INCENTIVIZE A SERVICE THAT IS NOW AVAILABLE, THERE ARE FIVE DIFFERENT
FEDERALLY-FUNDED TYPES OF PARENT PROGRAMS, PARENT INTERVENTION OR
HOME VISITING TYPE PROGRAMS. SO IT'S -- IT'S REALLY TRYING TO INCENTIVIZE
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NYS ASSEMBLY MAY 5, 2022
THE UPTICK OF THOSE. MOST OF THESE PROGRAMS ARE VERY SMALL, VERY
NARROW, AND WE ARE TRYING TO ENCOURAGE IT ESPECIALLY GIVEN THE, I THINK
IT'S HUNDREDS OF MILLIONS THAT WE SPEND IN EARLY INTERVENTION SERVICES
WHEN THERE ARE DISABILITIES THAT WE OFTEN DON'T SEE UNTIL A CHILD IS THREE,
FOUR AND WELL INTO -- INTO ELEMENTARY SCHOOL. SO IT'S THAT -- AND AGAIN,
GIVEN THE EVIDENCE OF THIS WE KNOW THAT THE EARLIEST THE INTERVENTION
WITH SOME OF THIS, THE BETTER.
MR. SIMPSON: RIGHT. SO YOU MENTIONED IT'S
FEDERALLY-FUNDED, IS IT 100 PERCENT?
MS. FAHY: WELL, NO; NO, IT'S NOT 100 PERCENT. WE
ALSO FUND -- NOT, I DON'T THINK IT'S ALL FIVE, BUT THERE ARE ABOUT FIVE, LET'S
SEE, THERE ARE FIVE THAT -- THAT ARE PART OF THAT FEDERAL FUNDING STREAM.
SOME OF THEM, YOU KNOW, ONE THAT YOU MAY BE FAMILIAR WITH IS THE
NURSE-FAMILY PARTNERSHIP. THERE'S THE PARENTS AS TEACHERS PROGRAM,
THERE'S THE HEALTHY FAMILIES NEW YORK, ALL OF THOSE ARE FEDERAL AND
STATE. OH, AND THE STATE, YEAH, THE STATE FUNDS THREE OR FOUR IN
ADDITION.
MR. SIMPSON: SO THAT LEADS INTO ANOTHER QUESTION,
BECAUSE IN THE MEMO IT ACTUALLY SAYS THAT THERE WASN'T AN ANTICIPATED
FINANCIAL FISCAL IMPACT; IS THERE?
MS. FAHY: NO, THESE ARE EXISTING PROGRAMS. IT
DOESN'T EXPAND FUNDING, IT JUST HOPEFULLY EXPANDS AND ENCOURAGES THE
USE OF THE SERVICES, BUT THERE'S NO FUNDING TIED TO THIS.
MR. SIMPSON: OKAY. ALL RIGHT. WELL, THANK YOU.
MS. FAHY: THANK YOU.
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NYS ASSEMBLY MAY 5, 2022
MR. SIMPSON: NO FURTHER QUESTIONS.
ON THE BILL, MR. SPEAKER.
ACTING SPEAKER CUSICK: ON THE BILL.
MR. SIMPSON: MR. SPEAKER, I THINK IT'S REALLY
IMPORTANT THAT, YOU KNOW, AS WE'VE SEEN OVER THE LAST TWO YEARS, YOU
KNOW, HOW FAMILIES HAVE BEEN IMPACTED BY, YOU KNOW, THINGS THAT ARE
NOT WITHIN THEIR CONTROL, EMPLOYMENT, WE ALREADY HAD AN EXISTING
PROBLEM. OUR ISSUE WITH, YOU KNOW, PEOPLE THAT ARE -- THAT ARE IN A
SITUATION WHERE THEY NEED ASSISTANCE AND I THINK, YOU KNOW, ANY KIND
OF BILL THAT MOVES FORWARD SUPPORT FOR EARLY -- EARLY INTERVENTION AND
ALSO TYING IN POTENTIALLY, YOU KNOW, IMPROVING THEIR WORK, WORKABILITY
OR THEIR ABILITY TO GET OUT OF THIS PROGRAM AND HOPEFULLY AVOID THE FISCAL
CLIFF, WHICH WE USE THAT TERM ALL THE TIME, I -- THAT'S SOMETHING THAT I
CAN SUPPORT. SO I WANT TO THANK THE SPONSOR AND I WOULD ENCOURAGE
MY COLLEAGUES TO ALSO SUPPORT THIS. THANK YOU.
ACTING SPEAKER CUSICK: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER CUSICK: THE CLERK WILL
RECORD THE VOTE ON A2549. 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. FAHY TO EXPLAIN HER VOTE.
MS. FAHY: THANK YOU, MR. SPEAKER. I JUST WANT TO
RISE AGAIN TO COMMEND ALL FOR THE SUPPORT ON THIS BILL AND AS WELL AS THE
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NYS ASSEMBLY MAY 5, 2022
SPEAKER AND THE STAFF ON THIS. HOME VISITING IS A PROGRAM I BECAME
FAMILIAR WITH MANY DECADES AGO WHILE WORKING AS CONGRESSIONAL STAFF
IN -- IN WASHINGTON, D.C., AND WHEN I WAS FIRST INTRODUCED TO IT, AT THAT
TIME IT WAS CONSIDERED QUITE EXEMPLARY, ONE OF THE PROGRAMS, THE
PARENTS AS TEACHERS PROGRAM ORIGINATED IN MISSOURI. AND SO SINCE
THEN, IT'S HAD MANY DECADES OF EVIDENCE, RESEARCH BASED, SOLID RESEARCH
BASED THAT THIS TRULY HELPS FAMILIES WITH EARLY INTERVENTION TO HELP
TEACH THOSE CRITICAL FAMILY AND PARENTING SKILLS. I REMEMBER I WAS A
MUCH OLDER PARENT WHEN I BECAME A NEW PARENT AND -- AND STILL FELT
QUITE LOST, AND MOTHERHOOD CAN BE QUITE ISOLATING ESPECIALLY EARLY ON
WHEN -- WHEN YOU ARE RATHER OVERWHELMED.
SO SINCE THEN, WE KNOW THAT THESE TYPES OF EARLY --
EARLY INTERVENTION SERVICES, AND THIS IS REALLY TARGETED AT NEWBORNS AND
MOTHERS OF NEWBORNS. IT CAN PREVENT VERY SERIOUS AND COSTLY FAMILY AS
WELL AS SOCIETAL PROBLEMS. SO WE -- WE KNOW THIS TYPE OF WORK, THESE
-- THIS TYPE OF HOME VISITING PROGRAM WORKS, AND THIS IS AN ABILITY TO
REALLY EXPAND THAT OUTREACH FOR THOSE WHO MAY ALREADY BE ON PUBLIC
ASSISTANCE AND ALREADY, EVEN WITH NEWBORNS, WHO ARE MANDATED TO
CONTINUE TO DO THEIR WORK SEARCH ACTIVITY. SO INCLUDING THIS JUST HELPS
INCENTIVIZE THE USE OF THE UPTICK OF THIS PROGRAM, AND I REALLY
APPRECIATE THE BIPARTISAN SUPPORT. I THINK IT'S A VERY, VERY SMALL
INVESTMENT, BUT IT HELPS PUBLICIZE AND EXPAND THE REACH OF THE PROGRAM
THAT I THINK WE'D LIKE TO THINK WOULD SAVE WHAT WE KNOW FROM
RESEARCH, SAVES -- SAVES MONEY DOWN THE ROAD. THANK YOU AGAIN, MR.
SPEAKER, AND WITH THAT I VOTE IN THE AFFIRMATIVE.
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NYS ASSEMBLY MAY 5, 2022
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 33, CALENDAR NO. 502, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A08420, CALENDAR NO.
502, PAULIN. AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW, IN RELATION
TO TIRE SAFETY.
ACTING SPEAKER AUBRY: EXPLANATION IS
REQUESTED, MS. PAULIN.
MS. PAULIN: YES, THANK YOU. THE BILL WOULD
PROHIBIT REPAIRS FROM BEING MADE TO A TIRE THAT WOULD NOT MEET DMV
TIRE USE STANDARDS.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, MS. PAULIN. I HAD A
QUESTION -- A COUPLE OF QUESTIONS JUST TO DEFINE THE SCOPE OF THIS BILL
AND THEN MAYBE WE CAN TALK ABOUT THE PUBLIC POLICY. AND IT STARTS OUT
BY SAYING NO MOTOR VEHICLE REPAIR SHOP SHALL MAKE REPAIRS. ARE WE
REFERRING TO JUST REGISTERED MOTOR VEHICLE REPAIR SHOPS THEN?
MS. PAULIN: I THINK THE -- THE -- THE ISSUE IS THAT
THERE'S STANDARDS FOR TIRES THAT ARE OUTLINED IN THE REGS BY DOT AND THAT
THOSE STANDARDS ARE -- ARE SET TO -- TO MAKE SURE THAT, YOU KNOW, AND
AGAIN, IT'S SPECIFIED IN THE REGS THAT NO -- NO TIRE OR NO CAR WITH THOSE --
WITH A FAULTY TIRE, YOU KNOW, UNLESS THEY MEET THESE STANDARDS CAN
DRIVE ON A PUBLIC HIGHWAY, ANY PUBLIC ROAD. SO I WOULD ARGUE THAT IT
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NYS ASSEMBLY MAY 5, 2022
WOULD BE ANYBODY MAKING A REPAIR TO A TIRE BECAUSE THE -- THE PERSON
DRIVING HAS TO MEET CERTAIN STANDARDS TO ACTUALLY BE DRIVING THE CAR.
MR. GOODELL: I APPRECIATE THAT. BUT THE ACTUAL
STATUTORY LANGUAGE ON LINE 3 SAYS, NO MOTOR VEHICLE REPAIR SHOP, AND IN
NEW YORK STATE, MOTOR VEHICLE REPAIR SHOPS ARE REGISTERED, CORRECT?
MS. PAULIN: UM...
MR. GOODELL: YOU HAVE TO BE A REGISTERED MOTOR
VEHICLE REPAIR SHOP UNDER NEW YORK STATE.
MS. PAULIN: YOU KNOW WHAT, I -- I BELIEVE YOU'RE
RIGHT.
MR. GOODELL: AND SO IF YOU'RE NOT A -- OKAY.
THEN THE SECOND SAYS, SHALL REPAIR A TIRE ENOUGH TO MEET DMV
STANDARDS. WOULD THIS APPLY THEN TO REPAIRING A TIRE THAT'S USED ON AN
OFF-ROAD VEHICLE, A FARM VEHICLE, TRAILERS THAT ARE USED OFF-ROAD?
MS. PAULIN: THE -- THE STATUTE, THE VEHICLE AND
TRAFFIC LAW, YOU KNOW, THAT WE'RE USING TO BASE THIS BILL ON, SAYS, NO
PERSON SHALL OPERATE A MOTOR VEHICLE OR A TRAILER ON A PUBLIC HIGHWAY
IF SUCH VEHICLE IS EQUIPPED WITH TIRES THAT NOT DO MEET THE STANDARDS
ESTABLISHED BY THE COMMISSIONER PURSUANT TO PARAGRAPH A OF THE
SUBDIVISION. SO THAT'S, YOU KNOW, THAT'S THE BASIS OF THE -- OF THE BILL,
SO THAT THERE'S NO ONE ACTUALLY VIOLATING THE LAW WHEN THEY'RE DRIVING
THEIR CAR.
MR. GOODELL: THANK YOU. I APPRECIATE THOSE
CLARIFICATIONS.
ON THE BILL, SIR.
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NYS ASSEMBLY MAY 5, 2022
ACTING SPEAKER AUBRY: ON THE BILL, MR.
GOODELL.
MR. GOODELL: SO ON ITS SURFACE THIS BILL SEEMS
REASONABLE, BECAUSE IT SAYS NO MOTOR VEHICLE REPAIR SHOP SHALL REPAIR A
TIRE THAT WOULDN'T MEET DMV STANDARDS OR OPERATION ON OUR ROADS. FOR
THOSE WHO AREN'T FAMILIAR, OUR DMV STANDARD REQUIRES THAT THE TREAD
DEPTH BE 2/32NDS OF AN INCH, 2/32NDS, 1/16TH, WHICH MEANS THAT IF YOUR
TREAD DEPTH ON YOUR TIRE IS, SAY, 3/64THS, IT'S BY A 64TH OF AN INCH, IN
THEORY, YOU COULDN'T GET THE TIRE FIXED EVEN THOUGH YOU'RE JUST OFF BY A
HAIR. I MEAN, LITERALLY A HAIR.
SO THINK ABOUT THE PRACTICAL RAMIFICATIONS. AND I AM
SO THANKFUL I AM AN ASSEMBLYMEMBER AND MY PAYCHECK, WITH THE
EXCEPTION OF RIGHT AFTER THE BUDGET, BUT NORMALLY MY PAYCHECK COMES
IN ON A REGULAR BASIS AND IT CLEARS. BUT YOU KNOW, NOT ALL OF OUR FRIENDS
AND NEIGHBORS ARE THAT WAY, AND FOR A LOT OF OUR FRIENDS AND NEIGHBORS,
HAVING TO REPAIR OR REPLACE A TIRE UNEXPECTEDLY IS A MAJOR EXPENSE.
AND ALL OF US KNOW THAT IF YOU HAVE AN ALL-WHEEL VEHICLE YOU DON'T JUST
PUT ON ONE NEW TIRE, YOU HAVE TO REPLACE ALL FOUR BECAUSE OTHERWISE IT'S
GOING TO SCREW UP YOUR TRANSMISSION, ISN'T IT? AND IF YOU HAVE A
TWO-WHEEL VEHICLE, YOU HAVE TO REPLACE TWO AT A TIME, AT LEAST TWO.
NOT ALL OF US CAN WRITE A CHECK FOR $250 OR $400 OR $500. WE'RE NOT
ALL IN THAT BALLPARK. SO IMAGINE YOU'RE ON A FAMILY VACATION AND YOU
GET A FLAT TIRE, AND YOU HAVE 3/64THS OF AN INCH. THIS BILL SAYS THE
REPAIR SHOP CAN'T FIX YOUR TIRE, CANNOT LAWFULLY FIX YOUR TIRE UNTIL YOU
BUY AT LEAST TWO AND MAYBE FOUR NEW TIRES. SO MUCH FOR YOUR
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NYS ASSEMBLY MAY 5, 2022
HOUSEHOLD BUDGET. SO MUCH FOR YOUR VACATION.
SO THIS IS NOT REALLY PRO-CONSUMER, IT'S ACTUALLY, IN
SOME RESPECTS, ANTI-CONSUMER BECAUSE THERE ARE A LOT OF DRIVERS OUT
THERE THAT ARE FAIR WEATHER DRIVERS AND FOR THEM, DRIVING ON 3/64THS OF
AN INCH IS PERFECTLY SAFE BECAUSE THEY DON'T NEED THE EXTRA TREAD
BECAUSE THEY'RE NOT DRIVING IN A RAINSTORM.
NOW, THINK ABOUT IT IN FROM THE VIEW OF A TIRE REPAIR
SHOP. LET'S SAY A CAR COMES IN AND THE TIRES ARE EXACTLY 2/32NDS. AND
SO IN COMPLIANCE WITH THIS BILL, YOU REPLACE OR YOU FIX THE TIRE. NOW,
LET'S SAY TWO WEEKS LATER, TWO MONTHS LATER, THAT CAR HAS AN ACCIDENT.
GUESS WHO'S GOING TO GET SUED WHEN THEY FIND OUT THAT IN THE
INTERVENING TIME, A 64TH OF AN INCH HAS ROLLED OFF THAT TIRE, THEY'RE
GOING TO SUE THE REPAIR SHOP. AND SO WE'RE FORCING A LOT OF OUR FRIENDS
AND NEIGHBORS WHO DON'T HAVE THE ABILITY JUST TO PULL OUT A CREDIT CARD,
AN AMERICAN EXPRESS CARD, WHO DON'T HAVE THE ABILITY TO JUST BUY TWO
OR FOUR TIRES AT ANY GIVEN TIME UNEXPECTEDLY, WE'RE NOT ONLY IMPOSING
THAT OBLIGATION ON THEM, BUT WE'RE ALSO IMPOSING A REAL POTENTIAL
LIABILITY ON REPAIR SHOPS.
SO HOW WILL REPAIR SHOPS RESPOND? WELL, THE ANSWER
IS EVEN IF YOUR TIRE PASSES, THEY'LL RECOMMEND YOU GET NEW TIRES. WHY?
NOT BECAUSE YOU NEED THEM, IT'S BECAUSE IT PROTECTS THEIR POCKETBOOK
AND THEIR LIABILITY, AND THEY'LL MAKE A PROFIT ON THOSE NEW TIRES. AND
THE POOR CONSUMER WHO IS IN FRONT OF THE REPAIR SHOP BECAUSE THEY
HAVE A FLAT TIRE HAS THE LEAST ABILITY TO ACTUALLY SHOP FOR THE BEST DEAL
BECAUSE THEY MAY BE IN A DESPERATE SITUATION.
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NYS ASSEMBLY MAY 5, 2022
NOW, SINCE I DRIVE, YOU KNOW, ABOUT 750 MILES JUST TO
AND FROM ALBANY, I CAN TELL YOU I'VE EXPERIENCED THAT. I'VE GOTTEN A FLAT
TIRE IN THE CATSKILLS, LOVE THE CATSKILLS, BEAUTIFUL AREA, ONE TIRE REPAIR
SHOP IN A LITTLE VILLAGE WHICH TOLD ME, WHEN I SHOWED UP AT FIVE OF FIVE
THAT THEY HAD ALREADY SHUT DOWN THEIR COMPRESSOR AND THERE WAS ONE
HOTEL I COULD STAY AT. OH, MY GOODNESS.
NOW, IS THERE A SOLUTION? THERE IS INDEED. OTHER
STATES HAVE LOOKED AT THIS ISSUE, AND I'LL TELL YOU WHAT THE OTHER STATES
HAVE SAID. THEY SAID IF THE TIRE IS INHERENTLY DANGEROUS AFTER BEING
REPAIRED BECAUSE IT'S BALD OR TREADS THAT -- A CORD IS SHOWING, OR IT'S
KIND OF BALD, IF IT'S INHERENTLY UNSAFE, CAN'T REPAIR. THAT'S NOT WHAT THIS
BILL SAYS. THIS BILL SAYS IF IT'S 3/64THS YOU CAN'T FIX IT, EVEN THOUGH
THERE'S NOTHING ELSE WRONG WITH IT.
SO WE ALWAYS BALANCE SAFETY AND CONVENIENCE, AND
COST AND REASONABLENESS, AND THE RIGHT BALANCE IS TO FOLLOW THE LEAD OF
OTHER STATES AND SAY IF THE TIRE IS INHERENTLY DANGEROUS WHEN IT'S
REPAIRED, IT SHOULDN'T BE REPAIRED AND IN THE MEANTIME, LET'S NOT IMPOSE
A HUGE UNEXPECTED COST ON THE LESS FINANCIALLY SECURE RESIDENTS OF THIS
STATE DURING A CRISIS OR ON A VACATION AND IMPOSE MORE LIABILITY ON ALL
OF OUR REPAIR SHOPS AT THE SAME TIME.
FOR THOSE REASONS, SINCE IT APPEARS TO ME TO BE
ANTI-CONSUMER, ANTI-BUSINESS, INCREASING LIABILITIES AND JUST DOESN'T
REFLECT ANY SENSITIVITY TO OUR FRIENDS AND NEIGHBORS WHO HAVE TO PLAN
AHEAD FOR A SEVERAL HUNDRED DOLLAR REPAIR BILL. FOR THOSE REASONS I'LL
RECOMMEND AGAINST IT, BUT I DO APPRECIATE MY COLLEAGUE'S DESIRE TO
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NYS ASSEMBLY MAY 5, 2022
ENSURE THE SAFETY OF OUR CARS. I THINK WE CAN GET THERE WITH A BILL THAT'S
A LITTLE BIT FINE-TUNED, NOT THIS ONE, THOUGH. THANK YOU, SIR --
ACTING SPEAKER AUBRY: THANK YOU.
MR. GOODELL: -- AND THANK YOU TO MY COLLEAGUE.
ACTING SPEAKER AUBRY: MR. MANKTELOW.
MR. MANKTELOW: THANK YOU, MR. SPEAKER.
WOULD THE SPONSOR YIELD FOR A QUESTION, PLEASE?
ACTING SPEAKER AUBRY: MS. PAULIN, WILL YOU
YIELD?
MS. PAULIN: YES, OF COURSE.
MR. MANKTELOW: THANK YOU, MS. PAULIN. I JUST
WANTED A LITTLE BIT OF CLARIFICATION. BACK TO FARM VEHICLES, FARM TRAILERS,
FARM WAGONS, A LOT OF OUR FARMERS USE USED TIRES ON IMPLEMENT
WAGONS, ON HAY WAGONS, AND SOME OF THESE TIRES WILL NOT PASS THE,
WHAT IS IT, 2/64TH -- 2/32NDS, I KNEW THAT, 2/32NDS. AND IN SOME
APPLICATIONS, THEY DO NOT WANT ANY TREAD, THEY'D RATHER HAVE NO TREAD.
SO IF A TIRE COMES OFF A CAR AND IT'S LESS THAN 2/32NDS, WOULD THAT
FARMER STILL BE ABLE TO USE THAT TIRE ON A -- ON A HAY WAGON, ON AN
IMPLEMENT TRAILER, A MOWER? WOULD THAT STILL BE ACCEPTABLE?
MS. PAULIN: I GUESS WHAT I WOULD ASK IS ARE THEY
USING THAT TIRE OR THE VEHICLE THAT HAS THAT TIRE ON A PUBLIC HIGHWAY?
MR. MANKTELOW: YEAH. I MEAN, EVERY HAY
WAGON GOES DOWN -- YOU MEAN A PUBLIC STATE HIGHWAY, OR JUST ANY
ROAD?
MS. PAULIN: NO, JUST ANY ROAD, ANY PUBLIC
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NYS ASSEMBLY MAY 5, 2022
HIGHWAY.
MR. MANKTELOW: YES.
MS. PAULIN: YEAH --
MR. MANKTELOW: BECAUSE MOST FARMS IN NEW
YORK STATE ARE NOT CONTIGUOUS BECAUSE OF OUR CUT UP FIELDS AND OUR
MANY DIFFERENT ROADS IN MANY DIFFERENT DIRECTIONS. SO IS IT --
MS. PAULIN: RIGHT. GO AHEAD.
MR. MANKTELOW: SO IN A SITUATION LIKE THAT, ARE
YOU SAYING THAT THESE FARM TRAILERS WOULD NOT BE ABLE TO USE THESE USED
TIRES?
MS. PAULIN: WELL, THEY CAN'T NOW.
MR. MANKTELOW: I'M SORRY?
MS. PAULIN: THEY AREN'T ALLOWED NOW.
MR. MANKTELOW: I'M SORRY, I STILL DID NOT HEAR
YOU.
MS. PAULIN: THEY AREN'T ALLOWED NOW TO USE THOSE
TIRES.
MR. MANKTELOW: ON HAY WAGONS, IMPLEMENT
TRAILERS?
MS. PAULIN: ON -- ON TRAILERS. I DON'T KNOW -- I
DON'T HAVE A DEFINITION HERE, YOU KNOW, SPECIFICALLY OF WHAT TRAILER IS IN
THE VL -- VTL, BUT THE CURRENT LAW SAYS NO PERSON SHALL OPERATE A
MOTOR VEHICLE OR TRAILER ON A PUBLIC HIGHWAY IF SUCH VEHICLE IS
EQUIPPED WITH TIRES THAT DO NOT MEET THE STANDARDS ESTABLISHED BY THE
COMMISSIONER. AND THOSE ARE -- THAT'S THE STANDARDS, THE CURRENT
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NYS ASSEMBLY MAY 5, 2022
STANDARDS BY THE COMMISSIONER ON THE TIRES THAT YOU TALK ABOUT ARE NOT
-- ARE NOT UP TO CODE.
MR. MANKTELOW: I DON'T WANT TO ASSUME
ANYTHING HERE, BUT I'M --
MS. PAULIN: SO I DON'T KNOW, I THINK IT'S IN THE
DEFINITION OF TRAILER, YOU KNOW, THAT WE'RE...
MR. MANKTELOW: DO YOU -- DO YOU HAVE THAT
DEFINITION RIGHT THERE?
MS. PAULIN: I -- I DON'T. I CAN CERTAINLY FIND OUT IN
ONE MINUTE. LET'S SEE.
(PAUSE)
MR. MANKTELOW: IS THIS LIKE -- IS THIS LIKE THE
(INAUDIBLE) WHATEVER YOU CALL IT? YOU GET ONE CALL.
MS. PAULIN: I'M JUST FIND TRYING TO FIND THE
DEFINITION OF TRAILER AS QUICK AS I CAN.
MR. MANKTELOW: YOU'RE GOOD. NO -- NO
WORRIES.
MS. PAULIN: IF I COULD EXTEND YOUR CLOCK, I WOULD.
(PAUSE)
I'M LOOKING AND ACTUALLY --
(PAUSE)
ACTING SPEAKER AUBRY: MR. TAGUE, WHY DO
YOU RISE?
MR. TAGUE: I WANT TO RISE TO CLARIFY THIS SO WE
DON'T END UP BEING HERE ALL DAY. THERE'S A DIFFERENCE BETWEEN THE
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NYS ASSEMBLY MAY 5, 2022
VEHICLE AND TRAFFIC LAW AND FARM EQUIPMENT --
ACTING SPEAKER AUBRY: MR. TAGUE, I
APPRECIATE YOUR HELP; HOWEVER, AND YOU ARE ON THE LIST SO YOU'LL BE ABLE
TO --
MR. TAGUE: OKAY. ALL RIGHT I JUST --
ACTING SPEAKER AUBRY: I UNDERSTAND.
MR. TAGUE: WOULD ONE OF THESE TWO YIELD QUICK
AND I CAN EXPLAIN IT?
ACTING SPEAKER AUBRY: SIR -- I -- I CERTAINLY
UNDERSTAND AND I APPRECIATE YOUR HELP; HOWEVER, WE DO HAVE
PROCEDURE, WE HAVE TO FOLLOW THOSE RULES.
MR. MANKTELOW: SORRY, MR. TAGUE. YEAH, I'LL
YIELD TO MR. TAGUE. MR. TAGUE, I'LL YIELD TO YOU, SIR.
MR. TAGUE: (INAUDIBLE)
ACTING SPEAKER AUBRY: MR. -- YOU'VE GOT TO
SPEAK INTO THE MIC.
MS. PAULIN: YEAH, I'M SORRY -- SORRY ABOUT THAT.
SO IT'S -- IT'S REALLY IN THE DEFINITION OF TRAILER, RIGHT, SO BECAUSE YOU'RE
SAYING PERHAPS THERE'S SOME FARM EQUIPMENT THAT'S NOT IN THAT
DEFINITION OF TRAILER. BUT IF THE -- IF THAT VEHICLE CAN GO ON A PUBLIC
HIGHWAY THEN IT LIKELY WOULD BE INCLUDED.
MR. MANKTELOW: OKAY. SO MS. PAULIN, THE
TRAILER COULD GO ON THE -- ON THE HIGHWAY. IT'S NOT A -- IT'S NOT -- I CAN
GO -- GO AHEAD.
SO I GUESS MY QUESTION IS NOT -- NOT SO MUCH WHAT THE
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NYS ASSEMBLY MAY 5, 2022
TRAILER IS BECAUSE WE HAVE HAY WAGONS, HAY TRAILERS, WE HAVE
IMPLEMENT TRAILERS, THE QUESTION IS IF THAT TIRE COMES IN AND IT'S BELOW
2/32NDS EVEN THOUGH IT'S ON A FARM TRAILER OR A FARM WAGON, WOULD THE
-- WOULD THE MOTOR VEHICLE PLACE OR THE TIRE REPAIR PLACE HAVE THE
ABILITY TO PATCH THAT TIRE SO WE CAN CONTINUE TO USE IT?
(PAUSE)
MS. PAULIN: YEAH, THE -- THE REAL -- THE QUESTION IS,
YOU KNOW, OBVIOUSLY SOME OF THEM ARE GOING TO BE CONSIDERED TRAILERS
AND SOME OF THEM MIGHT BE EXEMPTED FOR THE REASONS THAT YOU'RE
SUGGESTING --
MR. MANKTELOW: OKAY.
MS. PAULIN: -- WITH DIFFERENT STANDARDS, BUT THE --
WHAT WE DON'T KNOW IS FOR THE FARM VEHICLES THAT ARE UNDER A DIFFERENT
STANDARD, IS THE TIRE REQUIREMENT STILL THE SAME, THAT'S WHAT WE DON'T
KNOW. YOU KNOW, SO IF THE TIRE DEFINITION IS THE SAME, THEN THEY WOULD
BE OBLIGATED NOW. IF IT'S NOT, THEN THEY WOULDN'T BE OBLIGATED LATER ON
EITHER BECAUSE THEY WOULD BE EXEMPTED UNDER THIS PROVISION. SO I
DON'T KNOW THAT IT'S A PROBLEM.
MR. MANKTELOW: BECAUSE IN SOME SITUATIONS ON
THE FARMS, SOME OF THE TIRES THAT WE'RE USING, WE DO NOT WANT THE TREAD,
WE WANT THEM AS BALD AS POSSIBLE.
MS. PAULIN: SO WHAT -- WE'RE NOT ALTERING THAT
SECTION OF THE LAW, SO --
MR. MANKTELOW: OKAY.
MS. PAULIN: -- IF THEY WOULD BE EXEMPTED NOW,
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NYS ASSEMBLY MAY 5, 2022
THEY WOULD BE EXEMPTED IN THE FUTURE. WE'RE ONLY CHANGING THOSE
VEHICLES THAT GO ON PUBLIC HIGHWAYS THAT -- THAT WOULD BE REPAIRED
UNDER THOSE -- UNDER THAT SAME STANDARD OF -- OF TREAD, YOU KNOW, OR
WHAT...
MR. MANKTELOW: BUT WHAT THE BILL SAYS, IT SAYS
THE SHOP WOULD NOT BE ABLE TO REPAIR A TIRE THAT'S UNDER TWO DIFFERENT --
MS. PAULIN: BUT IT'S UNDER THE SAME -- IT'S -- IT'S THE
SAME STANDARD. SO IN OTHER WORDS, IT'S -- IT'S OPERATED IN THE STATE AS
ESTABLISHED BY THE COMMISSIONER PURSUANT TO PARAGRAPH A OF
SUBDIVISION 35. SO IN OTHER WORDS, SO WE'RE NOT CHANGING WHETHER OR
NOT IF THERE ARE FARM EQUIPMENT THAT'S SEPARATED OUT IN THE CURRENT LAW
TO BE -- AND THEY CAN USE TIRES BECAUSE OF THE -- THE TREAD THAT'S
NECESSARY ON THEIR FARMLAND AND IT'S ALREADY IN THE LAW THAT THEY'RE
ALLOWED TO DO THAT, THAT WOULDN'T CHANGE. WHAT WE'RE BASICALLY SAYING
IS ANY OF THE VEHICLES THAT ARE ON PUBLIC HIGHWAYS AND THEY'RE -- NOT
FARM, BECAUSE FARM MAY HAVE AN EXEMPTION, BUT ANY VEHICLES THAT
CURRENTLY ARE REQUIRED TO HAVE THAT TREAD WHEN THEY'RE -- WHEN THEY'RE
DRIVING NOW WOULD THEN HAVE TO HAVE THAT SAME TREAD IF THAT TIRE WAS
REPAIRED.
MR. MANKTELOW: BUT DOESN'T THE BILL SAY NO
MOTOR VEHICLE REPAIR SHOP SHALL REPAIR A TIRE, THAT'S THE QUESTION. ARE
THEY STILL GOING TO BE ABLE TO REPAIR A TIRE EVEN THOUGH IT'S NOT GOING ON
A CAR, WE'RE GOING TO USE IT ON SOMETHING ELSE, ARE THEY STILL GOING TO BE
ABLE TO RE --
MS. PAULIN: SO THAT'S REALLY A DIFFERENT SECTION OF
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NYS ASSEMBLY MAY 5, 2022
LAW.
MR. MANKTELOW: OKAY.
MS. PAULIN: SO THE SECTION OF THE LAW THAT WOULD
APPLY IS THE ABILITY FOR SOMEONE TO DRIVE WITH A CERTAIN TIRE, OR USE IT ON
A FARM WITH A CERTAIN TIRE WHICH ARE STANDARDS SET BY THE
COMMISSIONER, AND WE'RE NOT CHANGING THAT.
MR. MANKTELOW: OKAY. SO TO THE BEST OF YOUR
ABILITY AND KNOWLEDGE AT THIS POINT IN TIME TODAY ON THIS FLOOR, A REPAIR
SHOP, A MOTOR VEHICLE REPAIR SHOP WHO IS GOING TO FIX A FARM TIRE WOULD
STILL BE ABLE TO FIX A FARM TIRE IF IT'S UNDER 2/32NDS TREAD DEPTH.
MS. PAULIN: I DON'T KNOW ABOUT THE TREAD DEPTH
USED FOR A FARM TIRE, BUT IT WOULDN'T CHANGE. THIS BILL DOES NOT TALK
ABOUT THE -- THE TREAD, IT MERELY TALKS ABOUT THE ABILITY OR THE
REQUIREMENT THAT A REPAIR SHOP WOULD HAVE TO MEET THE STANDARDS THAT
ARE CURRENTLY UNDER THE COMMISSIONER'S REGS.
MR. MANKTELOW: OKAY. THANK YOU. THANK
YOU, MS. PAULIN.
ON THE BILL, MR. SPEAKER.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. MANKTELOW: JUST -- JUST TO CLARIFY, I
UNDERSTAND WHAT THE SPONSOR IS TRYING TO DO HERE. I THINK THERE'S
SEVERAL OTHER QUESTIONS THAT COULD BE ASKED, BUT AS MY COLLEAGUE HAD
SAID, BECAUSE IT'S ALREADY GOING ON 2:00 HERE, I'LL FOLLOW UP MAYBE WITH
THE SPONSOR DOWN THE ROAD, NO PUN INTENDED; DOWN THE ROAD, THAT'S
PRETTY GOOD. ACTUALLY, I'LL -- I'LL FOLLOW UP WITH HER, BUT MY CONCERN
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NYS ASSEMBLY MAY 5, 2022
HERE IS UNTIL WE GET REALLY CLARIFICATION IF THAT MOTOR VEHICLE REPAIR
SHOP CAN REPAIR THAT TIRE THAT A FARMER IS USING THAT DOES NOT HAVE THE
TREAD, I CAN'T SUPPORT THE BILL. I REALLY WANT CLARIFICATION. SO THANK
YOU, MR. SPEAKER, AND I'M GOING TO ENCOURAGE MY COLLEAGUES TO VOTE
NO TODAY UNTIL WE GET CLARIFICATION ON THAT, OR THERE CAN BE AN
AMENDMENT DOWN THE ROAD. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU SIR.
MR. TAGUE.
MR. TAGUE: THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: YOU'RE QUITE
WELCOME.
MR. TAGUE: I COULD HAVE SAVED YOU ABOUT 15
MINUTES, BUT THAT'S OKAY, I KNOW THERE'S RULES HERE.
MS. PAULIN -- WOULD MS. PAULIN PLEASE YIELD.
ACTING SPEAKER AUBRY: MS. PAULIN YIELDS.
MS. PAULIN: FOR THE FARM EXPERT.
MR. TAGUE: WELL, I'M NOT AN EXPERT, BUT I -- I PLAY
ONE ON TV. BUT ANYWAYS, HERE'S THE PROBLEM THAT I SEE WITH THIS BILL.
IT'S JUST IN THE WORDING. IT SAYS IT PROVIDES THAT NO MOTOR VEHICLE REPAIR
SHOP SHALL REPAIR A TIRE THAT WOULD NOT PASS NEW YORK STATE INSPECTION.
HERE'S THE PROBLEM.
MS. PAULIN: ACTUALLY THAT'S NOT WHAT THE BILL SAYS.
THAT'S WHAT THE LITTLE BLURB -- THAT'S WHAT THE LITTLE THING SAYS, BUT --
MR. TAGUE: OKAY.
MS. PAULIN: YOU KNOW, SO MAYBE -- MAYBE YOU
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NYS ASSEMBLY MAY 5, 2022
SHOULD JUST, IF YOU WOULD, LOOK. I CAN GIVE YOU MY COPY, BUT THE BILL
ACTUALLY SAYS, VERY SHORT, NO MOTOR VEHICLE REPAIR SHOP SHALL REPAIR A
TIRE UNLESS SUCH TIRE UPON COMPLETION OF SUCH REPAIR WOULD MEET THE
STANDARDS FOR THE USE OF TIRES ON VEHICLES OPERATED IN THIS STATE AS
ESTABLISHED BY THE COMMISSIONER PURSUANT TO PARAGRAPH A OF
SUBDIVISION 35 OF SECTION 375 OF THE TITLE. SO IN OTHER WORDS, THEY
CAN'T -- THEY HAVE TO REPAIR A TIRE TO THE STANDARDS OF THE COMMISSIONER,
WHATEVER THAT IS. WHETHER IT'S A FARM TIRE OR A REGULAR TIRE, IT'S JUST
WHATEVER THE COMMISSIONER HAS ESTABLISHED AS THE PROPER --
MR. TAGUE: WELL, THAT -- WELL, THAT'S WHERE THE
PROBLEM LIES.
MS. PAULIN: OKAY.
MR. TAGUE: BECAUSE IF YOU BRING IN A TIRE OFF A
PIECE OF FARM EQUIPMENT, OKAY, WHATEVER IT MAY BE, FARM EQUIPMENT IS
NOT UNDER THE SAME PREVIEW [SIC] AS A PICKUP TRUCK THAT'S REGISTERED
AND CERTIFIED TO DRIVE DOWN THE ROAD; HOWEVER, THEY DO DRIVE DOWN THE
ROAD. BUT WHAT OUR POINT IS, IS THE WORDING IN THIS SAYS IF YOU BRING A
TIRE OFF A WAGON, YOU TAKE IT IN TO BE REPAIRED, AND FARMERS TAKE THESE
TO MOTOR VEHICLE REPAIR SHOPS BECAUSE OF THE SAFETY PROTOCOL. A LOT OF
PEOPLE WILL NOT CHANGE THEIR OWN TIRES ANYMORE BECAUSE IT'S A SAFETY
ISSUE. SO THEY'LL TAKE IT TO A CERTIFIED SERVICE STATION THAT DOES TIRE
REPAIR. BUT WHAT THIS SAYS TO ME, THE WAY I READ THIS BILL IT SAYS THAT IF
THIS TIRE WILL NOT PASS INSPECTION, WE'RE NOT GOING TO CHANGE IT.
MS. PAULIN: RIGHT. SO THE -- THE CURRENT LAW
THOUGH DOESN'T ALLOW THE PERSON, THE FARMER, TO OPERATE A MOTOR
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NYS ASSEMBLY MAY 5, 2022
VEHICLE. I MEAN, THIS IS CURRENT LAW. THEY WOULD BE IN VIOLATION OF THE
LAW IF THEY OPERATED WITH -- WITH A TIRE THAT DIDN'T MEET THE INSPECTION.
MR. TAGUE: BUT THAT -- THAT YOU -- THAT'S INCORRECT
BECAUSE FARM EQUIPMENT HAS A WHOLE DIFFERENT WAY OF TRAVEL ON THE
ROAD, THEY HAVE A SPECIAL LICENSE PLATE, THEY'RE NOT UNDER THE SAME --
MS. PAULIN: SO THEN THAT -- THEN THEY WOULD BE
ALLOWED, BECAUSE THE COMMISSIONER'S REGS WOULD BE DIFFERENT, THEY
WOULD BE ALLOWED TO FIX THEM TO THE STANDARD THAT YOU'RE SAYING THAT
THEY'RE CURRENTLY ALLOWED TO DO.
MR. TAGUE: BUT THERE IS NO ACTUAL STANDARD. BUT
THE WORDING IN YOUR BILL SAYS THAT THE ACTUAL REPAIR SHOP CANNOT REPAIR A
TIRE, AND THAT'S MY WHOLE POINT.
MS. PAULIN: NO, BUT --
MR. TAGUE: I DON'T WANT -- I DON'T COMPLETELY
DISAGREE WITH YOUR BILL, DON'T GET ME WRONG HERE.
MS. PAULIN: YEAH, I UNDERSTAND.
MR. TAGUE: MY -- ALL I'M SAYING IS MAYBE WE
SHOULD AMEND THIS BILL TO MAKE SURE THAT OUR SMALL FARMERS, OUR FAMILY
FARMS, EVEN OUR BIG FARMS THAT MAY TRAVEL 500 FEET DOWN THE ROAD FROM
ONE FIELD TO THE OTHER, WHEN THEY GO TO GET A TIRE REPAIRED THEY DON'T
HAVE TO GO THROUGH ALL THIS AND THERE'S -- AND THEY'RE COVERED. BECAUSE
HERE'S THE OTHER PROBLEM: THE CHANGING OF TIRES, ESPECIALLY IF YOU HAVE
HIRED HELP THAT'S NOT FAMILY OR -- IT'S A LIABILITY ISSUE. IT'S NOT LIKE THE
OLD DAYS WHERE --
MS. PAULIN: SO -- SO YOUR PROBLEM IS THE TRAVELING
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NYS ASSEMBLY MAY 5, 2022
TO THE REPAIR SHOP?
MR. TAGUE: NO, MY PROBLEM IS IS TAKING FARM
EQUIPMENT TIRES TO A REPAIR SHOP AND -- AND NOT BEING ABLE TO GET THE
TIRE REPAIRED BECAUSE IT'S OUT OF COMPLIANCE WITH WHAT THE LAW SAYS.
MS. PAULIN: WELL --
MR. TAGUE: BECAUSE THE WORDING SAYS, AGAIN,
PROVIDES THAT NO MOTOR VEHICLE REPAIR SHOP SHALL REPAIR A TIRE THAT
WOULD NOT PASS NEW YORK STATE INSPECTION --
MS. PAULIN: NO, THAT'S NOT WHAT THE BILL SAYS --
MR. TAGUE: I'M WILLING TO --
MS. PAULIN: THAT'S NOT WHAT THE BILL SAYS.
MR. TAGUE: BUT THAT DOES SAY THAT IN HERE, TOO.
BUT WHAT I'M TRYING TO SAY TO YOU IS I DON'T KNOW IF THERE'S A TIRE ON A
FARM THAT WOULD PASS LIKE A TIRE THAT'S ON YOUR CAR. THEY'RE USED
COMPLETELY DIFFERENT -- DIFFERENTLY.
MS. PAULIN: SO I MEAN, BUT WE'RE NOT CHANGING THE
-- THE -- WE'RE NOT CHANGING THE PART OF THE LAW THAT DOESN'T ALLOW THE
PERSON TO DO IT. THEY'RE NOT -- THEY'RE CURRENTLY NOT ALLOWED TO DRIVE ON
A PUBLIC HIGHWAY IF THE TIRE DOESN'T MEET THE COMMISSIONER'S
STANDARDS. THEY'RE CURRENTLY NOT ALLOWED.
MR. TAGUE: LISTEN, YOU AND I COME FROM
COMPLETELY TWO DIFFERENT PLACES, MS. PAULIN, AND I -- AND I RESPECT THAT,
BUT I'M TELLING YOU RIGHT NOW THAT WE'VE GOT TO MOVE FARM EQUIPMENT
IN UPSTATE NEW YORK OR NONE OF US ARE GOING TO EAT. AND I COULD TELL
YOU RIGHT NOW, OUR FARMERS ARE ALREADY STRUGGLING, OKAY? AND IF THEY
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NYS ASSEMBLY MAY 5, 2022
GO TO THE REPAIR SHOP THAT THEY'VE WENT TO FOR THE LAST 30 YEARS, WHICH
THEY PROBABLY ARE DOING RIGHT NOW BECAUSE IT'S GETTING TO BE HAY SEASON
AND THEY GO AND THEY CHANGE THE TIRES ON THEIR HAY WAGONS, AND WHEN
THEY GO TO ONE OF THESE REPAIR SHOPS AND SAYS, OH, THE NEW YORK STATE
ASSEMBLY JUST CHANGED THE LAW, I'M SORRY, THIS TIRE IS OUT OF
COMPLIANCE, YOU NEED TO GO BUY BRAND NEW TIRES FOR THAT, WE'RE GOING
TO HAVE PROBLEM.
MS. PAULIN: I UNDERSTAND, BUT --
MR. TAGUE: SO --
MS. PAULIN: -- THEY WOULD BE --IF THEY'RE CAUGHT
WITH THAT TIRE, FORGET THE REPAIR SHOP PART OF IT, IF THEY'RE CAUGHT DRIVING
WITH AN IMPAIRED TIRE, THEY COULD GET A TICKET OR THEY WOULD GET A
TICKET.
MR. TAGUE: THEY WON'T GET THEM ON THE HAY
WAGON IF THEY HAVE THE AGRICULTURE TAG ON THE BACK OF THE -- ON THE
BACK OF WAGON. THEY WON'T -- THEY WON'T -- THEY'RE NOT GOING TO GET A
TICKET FOR THAT.
MS. PAULIN: BUT THEY'RE STILL IN VIOLATION OF THE LAW
BY DRIVING, SO YOU'RE --
MR. TAGUE: NO, THEY'RE NOT BECAUSE THOSE -- THOSE
VEHICLES AREN'T INSPECTED VEHICLES, THAT'S MY POINT.
MS. PAULIN: IF THEY DIDN'T PASS INSPECTION THEN
THEY'RE GOING TO --
MR. TAGUE: THEY DON'T HAVE TO PASS INSPECTION.
MS. PAULIN: I SEE.
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NYS ASSEMBLY MAY 5, 2022
MR. TAGUE: AND THAT'S MY POINT HERE AND THAT'S
WHAT I'M TRYING TO SAY TO YOU IS --
MS. PAULIN: SO IT'S OKAY FOR THEM TO DRIVE ON A TIRE
THAT --
MR. TAGUE: BECAUSE THEY HAVE A SPECIAL
EXEMPTION, BECAUSE THEY HAVE -- HAVE AN AG -- WE HAVE AN AG
EXEMPTION. BUT WHAT YOU'RE SAYING TO THEM IS THAT THEY STILL -- THEY
STILL NEED TO MAINTAIN THEIR EQUIPMENT AND THEIR TIRES. BUT WHAT YOU'RE
SAYING TO THEM THROUGH THIS LAW IS THAT THE TIRES ON THE MOTOR VEHICLE --
MS. PAULIN: I THINK -- I THINK IT'S --
ACTING SPEAKER AUBRY: EXCUSE ME,
MEMBERS. SO WHY DON'T WE GO BACK TO WHAT WE DO. WE ASK A
QUESTION, WE ANSWER A QUESTION. IF YOU WANT TO GO ON THE BILL, THEN
YOU GO ON THE BILL AS OPPOSED TO GOING BACK AND FORTH.
MR. TAGUE: I HAVE ONE -- MR. SPEAKER, I HAVE ONE
FINAL SMALL LITTLE QUESTION AND THEN I'LL GO -- AND THEN I'LL BRIEFLY GO ON
THE BILL, IF I HAVE ANY TIME LEFT.
MS. PAULIN: OKAY.
MR. TAGUE: ALL I'M ASKING, MS. PAULIN, IS IF YOU --
IF MAYBE AFTER THIS WE COULD LOOK INTO THIS WITH YOUR FOLKS AND MAKE
SURE THAT OUR AGRICULTURE PEOPLE, YOU KNOW, DON'T HAVE TO GO THROUGH
THE TROUBLE OF GOING AND THEN BEING TOLD THAT THE TIRE IS NO GOOD AND
THEY CAN'T REUSE IT ON THEIR EQUIPMENT, I'D BE HAPPY IF YOU WOULD -- IF
YOU WOULD ACCOMMODATE THAT FOR ME.
ON THE BILL, MR. SPEAKER.
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NYS ASSEMBLY MAY 5, 2022
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. TAGUE: I -- I DON'T DISAGREE WITH THE SPONSOR'S
PREMISE WITH THIS BILL, THE ONLY ISSUE I HAVE IS WHAT IT DOES TO THOSE IN
AGRICULTURE. AS THE BILL IS RIGHT NOW UNTIL WE GET THE OTHER ANSWERS, OR
UNTIL THE SPONSOR DECIDES TO AMEND THE BILL, I'M GOING TO HAVE TO BE A
NO VOTE, BUT THANK YOU FOR YOUR TIME, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
APPRECIATE THE WAY TO LOGICALLY CLOSE THAT DISCUSSION.
AND NOW, MR. ANGELINO, YOU WANT TO TAKE YOUR SHOT
AT THIS?
(LAUGHTER)
MR. ANGELINO: THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: QUESTION, ANSWER;
QUESTION, ANSWER. GO ON THE BILL. WE KNOW THE PROCESS. GO.
MR. ANGELINO: MY FIRST QUESTION IS WILL THE LADY
FROM THE 88TH DISTRICT PLEASE YIELD?
MS. PAULIN: YES.
ACTING SPEAKER AUBRY: THE LADY YIELDS.
MR. ANGELINO: I'M NOT A FARMER. FIRST QUESTION,
THIS DOESN'T -- THERE'S NOTHING IN THIS PROVISION THAT'S GOING TO PREVENT
AN ILLEGAL TIRE FROM BEING USED AS A SPARE TIRE PRIOR TO REPAIR? SO --
MS. PAULIN: AN ILLEGAL TIRE --
MR. ANGELINO: -- CARRYING A BALD TIRE IN YOUR
TRUNK AS A SPARE IS STILL LEGAL, IT JUST WON'T BE ABLE TO GET REPAIRED?
MS. PAULIN: SO YOU'RE NOT ALLOWED TO USE IT ON A
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NYS ASSEMBLY MAY 5, 2022
PUBLIC HIGHWAY IF IT DOESN'T MEET THE STANDARDS --
MR. ANGELINO: RIGHT.
MS. PAULIN: -- EVEN IF -- SO A SPARE TIRE HAS TO BE --
TO MEET THE STANDARDS AS WELL, UNDER CURRENT LAW.
MR. ANGELINO: PRE-REPAIR, IF SOMEBODY HAS AN
EMERGENCY, THE GENTLEMAN FROM THE 150TH DISTRICT HAS A SPARE TIRE HE
PUT ON WAS BALD TO GET HIM HOME, HE JUST WOULDN'T BE ABLE TO GET --
TAKE THAT TIRE TO A REPAIR SHOP?
MS. PAULIN: HE WOULD -- HE WOULD BE IN VIOLATION
OF THAT LAW NOW --
MR. ANGELINO: YES, BUT NOT IN VIOLATION.
MS. PAULIN: -- THAT DOESN'T CHANGE.
MR. ANGELINO: BUT HE'S NOT IN VIOLATION OF THIS
LAW.
MS. PAULIN: NO, HE'S NOT IN VIOLATION OF THIS LAW.
MR. ANGELINO: OKAY. I -- YES, I UNDERSTAND.
MS. PAULIN: YEAH.
MR. ANGELINO: YEAH, SPARE TIRES, EMERGENCY
SITUATION.
MS. PAULIN: RIGHT.
MR. ANGELINO: SO THE NEXT ONE, IF IT BECOMES
WINTER INTO SUMMER AND SOMEBODY HAS A TIRE THEY'RE GOING TO PUT ON AS
A SPARE OR NEEDS IT TO REPAIR TO GET GOING AND IT HAS STUDS ON IT, THAT
WON'T PASS INSPECTION AT CERTAIN POINTS IN THE YEAR; IS THAT GOING TO ABLE
TO GET REPAIRED TO GET THEM HOME?
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NYS ASSEMBLY MAY 5, 2022
MS. PAULIN: AGAIN, THE -- ANYTHING CAN BE
REPAIRED, BUT IT HAS TO BE REPAIRED TO MEET THE STANDARD THAT A PERSON IS
CURRENTLY UNDER LAW REQUIRED TO DRIVE ON.
MR. ANGELINO: OKAY. ALL RIGHT. I THINK THIS IS A
FINITE THING THAT'S GOING TO HAPPEN AND ANY DECENT LAW ENFORCEMENT
OFFICER ENCOUNTERS THE SITUATION IS NOT GOING TO ENFORCE IF THEY --
MS. PAULIN: I AGREE.
MR. ANGELINO: SO -- WELL, I UNDERSTAND THE --
WHILE YOU WERE TALKING ON THE PHONE, I TALKED ON THE PHONE TO A TIRE
SHOP, THEY'RE IN FAVOR OF THIS AND I'M LIKELY GOING TO VOTE YES, BUT, LAST
QUESTION. CAN YOU GIVE ME AN EXAMPLE OF AN AUTOMOBILE OR MOTOR
VEHICLE TIRE BEING USED NOT ON THE HIGHWAY, BUT STILL NEEDS TO BE
REPAIRED, AND WE ARE GOING TO NOT EVEN TALK ABOUT A FARM --
MS. PAULIN: THAT'S A PUZZLE, WAIT.
MR. ANGELINO: YEAH -- BUT, I'M NOT TRYING TO
MANSPLAIN TO YOU, SO MR. SPEAKER, ON THE BILL.
MS. PAULIN: OKAY, THANK YOU.
ACTING SPEAKER AUBRY: MR. ANGELINO ON THE
BILL, SIR. THANK YOU.
MR. ANGELINO: SO THERE ARE THE SITUATIONS THAT
AUTOMOBILE TIRES ARE USED IN INDUSTRY TO REVERSE DIRECTIONS OF CERTAIN
MACHINES AND BELTS, AND I THINK EVERYBODY HERE HAS SEEN AUTOMOBILE
TIRES USED AS PITCHING MACHINES AND FOOTBALL THROWING MACHINES, AND
THOSE TIRES WILL NEED TO BE REPAIRED. THIS IS THE SITUATION WHERE A HIGH
SCHOOL ATHLETIC TEAM WANTS TO REPAIR THEIR TIRE FOR THEIR PITCHING
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NYS ASSEMBLY MAY 5, 2022
MACHINE AND THEY PREFER THOSE BALD AND THEY'RE NOT GOING TO BE ABLE TO
GET IT REPAIRED. SO THAT -- WITHOUT TALKING ABOUT ANY FARM OR HAY
WAGON, I GAVE AN EXAMPLE OF A REASON THAT A REPAIR SHOP MAY NEED TO
BE ABLE TO REPAIR A TIRE THAT WON'T PASS INSPECTION. I GUESS IT'S NOT TIME
TO EXPLAIN MY VOTE, AND I HAVEN'T DECIDED, SO...
ACTING SPEAKER AUBRY: NOT YET.
MR. ANGELINO: THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR. YOU
FOLLOWED THE RULES PERFECTLY.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 8420. THIS IS A PARTY VOTE. ANY MEMBER
WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION
IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS
PREVIOUSLY PROVIDED.
MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER. THE
REPUBLICAN CONFERENCE WILL GENERALLY BE IN THE NEGATIVE ON THIS BILL,
BUT IF YOU -- IF THERE ARE ANY MEMBERS WHO WISH TO VOTE IN THE
AFFIRMATIVE, THEY CAN DO SO IN THE CHAMBER OR BY CONTACTING THE
MINORITY LEADER'S OFFICE IF THEY ARE ON THE COVID IMPACT LIST. THANK
YOU.
ACTING SPEAKER AUBRY: THANK YOU, MS.
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NYS ASSEMBLY MAY 5, 2022
WALSH.
MR. CAHILL.
MR. CAHILL: I'D LIKE TO REMIND OUR COLLEAGUES THAT
THIS IS A PARTY VOTE AND MAJORITY MEMBERS WILL BE RECORDED IN THE
AFFIRMATIVE. IF THERE ARE ANY EXCEPTIONS, I ASK THAT THE MAJORITY
MEMBERS CONTACT MRS. PEOPLES-STOKES' OFFICE AT THE NUMBER PREVIOUSLY
PROVIDED AND THEN WE WILL ANNOUNCE YOUR NAME ACCORDINGLY.
ACTING SPEAKER AUBRY: THANK YOU, MR.
CAHILL.
(THE CLERK RECORDED THE VOTE.)
MR. LEMONDES TO EXPLAIN HIS VOTE.
MR. LEMONDES: THANK YOU, MR. SPEAKER, I'LL BE
BRIEF, I PROMISE. BECAUSE OF THE MYRIAD OF CIRCUMSTANCES
AGRICULTURALLY THAT TIRES -- THAT TIRE REPAIR IS NECESSARY, I CAN'T VOTE FOR
THIS IN ITS CURRENT FORM. I WOULD NOT WANT TO RESTRICT THE COMMERCE THAT
COMES FROM AGRICULTURE TO OUR SMALL REPAIR SHOPS ON TIRES THAT WILL
LARGELY, FOR ALL INTENTS AND PURPOSES, NEVER DRIVE ON A ROAD IN THEIR -- IN
THE REMAINDER OF THEIR LIFETIME. THEY WILL BE ON ROADS BRIEFLY
SOMETIMES FROM FIELD TO FIELD, BUT FOR THE -- FOR THE ECONOMIC BENEFIT
OF THE FARMS, IT'S IMPORTANT FOR THESE TIRES, ALTHOUGH THEY MAY NOT HAVE
THE TREAD TO BE ON ROADS FULL TIME THAT THEY STILL HAVE THAT ECONOMIC
BENEFIT TO BE USED AGRICULTURALLY IN THEIR FIELDS FOR THE REMAINDER OF
THEIR LIFE, TO BE DETERMINED BY -- BY THEIR OWNERS WITH RESPECT TO
SERVICEABILITY. SO IN THE FUTURE IF THAT AGRICULTURAL EXCLUSION WAS
INCLUDED SO THAT IT WAS CLEAR, I COULD BE IN FAVOR OF THIS, BUT RIGHT NOW
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NYS ASSEMBLY MAY 5, 2022
IT ITS CURRENT FORM BECAUSE OF THE AGRICULTURAL LIMITATIONS AND THE
BUSINESS LIMITATIONS TO OUR SMALL SHOPS, I CANNOT. THANK YOU VERY
MUCH, SIR.
ACTING SPEAKER AUBRY: THANK YOU, SIR. MR.
LEMONDES IN THE NEGATIVE.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD MY
COLLEAGUE MR. MONTESANO IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. MONTESANO IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 33, CALENDAR NO. 503, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A09118-A, CALENDAR
NO. 503, L. ROSENTHAL. AN ACT TO AMEND THE SOCIAL SERVICES LAW, IN
RELATION TO AUTHORIZING AND DIRECTING COUNTY PUBLIC WELFARE DISTRICTS TO
ACCEPT PAPERWORK ELECTRONICALLY.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MS. ROSENTHAL.
MS. ROSENTHAL: THIS BILL WOULD ALLOW SOCIAL
SERVICE DISTRICTS TO ACCEPT THE SUBMISSION OF PUBLIC ASSISTANCE
PAPERWORK ELECTRONICALLY.
ACTING SPEAKER AUBRY: MR. SIMPSON.
MR. SIMPSON: THANK YOU, MR. SPEAKER. WOULD
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NYS ASSEMBLY MAY 5, 2022
THE SPONSOR YIELD?
ACTING SPEAKER AUBRY: MS. ROSENTHAL, WILL
YOU YIELD?
MS. ROSENTHAL: YES.
ACTING SPEAKER AUBRY: MS. ROSENTHAL YIELDS,
SIR.
MR. SIMPSON: THANK YOU, MS. ROSENTHAL. SO WITH
THIS LEGISLATION, WILL THIS REQUIRE SOCIAL SERVICE DISTRICTS TO ACCEPT
APPLICATIONS BY ELECTRONIC MEANS; IT'S GOING TO REQUIRE IT SO OR IS IT AN
OPTION?
MS. ROSENTHAL: IT WOULD ALLOW THEM TO. IF
SOMEBODY WANTS TO GO IN PERSON, THEY CAN DO THAT AS WELL.
MR. SIMPSON: IS THERE ALREADY ESTABLISHED AN
ONLINE PLATFORM OR SOME KIND OF PROGRAM TO ACCEPT THESE APPLICATIONS?
MS. ROSENTHAL: WELL, IT'S NOT A HOTLINE, IT'S
ELECTRONICALLY SO IT WOULD BE ONLINE.
MR. SIMPSON: OKAY, BUT STILL, IS THERE A PROGRAM
THAT THE STATE -- WILL NEW YORK STATE DEVELOP A PROGRAM OR HAVE THEY
APPROVED A PROGRAM, OR IS THERE ALREADY AN EXISTING PROGRAM TO ALLOW
THESE APPLICATIONS TO BE SUBMITTED?
MS. ROSENTHAL: NO. BUT THIS PROGRAM WAS FIRST
A PILOT, THEN SOME MORE COUNTIES WENT -- JOINED IT, AND THEN DURING
COVID, IT SPREAD TO MANY COUNTIES. SO IT'S BEEN THAT WAY FOR -- DURING
COVID AND...
MR. SIMPSON: SO I JUST WANTED TO, YOU KNOW, SO
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NYS ASSEMBLY MAY 5, 2022
YOU MENTIONED A PILOT. WERE THERE INSTANCES WHERE THEY LEARNED FROM,
YOU KNOW, THEIR EXPERIENCE WITH IT, THAT THERE WERE ANY KIND OF
SECURITY ISSUES WITH IT OR POSSIBLE, YOU KNOW, FRAUD, UNABLE TO IDENTIFY
THE PERSON THAT'S ON THE OTHER SIDE?
MS. ROSENTHAL: NO. AS FAR AS I UNDERSTAND, IT
WAS SUCCESSFUL WHICH IS WHY SOME MORE COUNTIES INSTITUTED THAT POLICY
AND THEN, OF COURSE, DURING COVID A LOT MORE JOINED.
MR. SIMPSON: BUT WE DON'T KNOW, DID THEY
MENTION -- I MEAN, IS THERE ANYTHING -- ANY DOCUMENT OR ANY, YOU
KNOW, PRINTED RESULTS OF THAT PILOT?
MS. ROSENTHAL: I DON'T BELIEVE THERE HAVE BEEN
THOSE KINDS OF ISSUES. I HAVE NOT HEARD ABOUT ANY OF THOSE KINDS OF
ISSUES.
MR. SIMPSON: OKAY. AND YOU AND I, WE HAVE
TALKED ABOUT THE DIFFERENCE IN OUR REGIONS IN NEW YORK STATE HOW, YOU
KNOW, IT'S A DIFFERENT -- WHOLE DIFFERENT ENTITY IN NEW YORK CITY AS
OPPOSED TO UPSTATE RURAL COMMUNITIES LIKE WHERE I REPRESENT WHERE,
YOU KNOW, WE DON'T HAVE BROADBAND, THERE'S A LOT OF AREAS THAT STILL ARE
LACKING IN THE ABILITY TO ACCESS BROADBAND, A LOT OF PEOPLE THAT RECEIVE
BENEFITS LIVE IN THOSE AREAS. THERE'S, YOU KNOW, PROBABLY AS A
PERCENTAGE OUR AREA, THERE'S A LOT OF NEEDS THERE TO BE MET.
MS. ROSENTHAL: YES, AGREE WITH YOU; AGREE WITH
YOU.
MR. SIMPSON: HOW IS THIS BILL GOING TO IMPACT
THEIR ABILITY IF A DISTRICT DECIDES TO SAY, OKAY, WE'RE GOING TO ACCEPT ALL
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NYS ASSEMBLY MAY 5, 2022
OF OUR APPLICATIONS ELECTRONICALLY.
MS. ROSENTHAL: I AGREE WITH YOU, THE NEED FOR
BROADBAND ACROSS THE STATE IS -- IS VERY IMPORTANT, BUT THIS DOESN'T SAY
YOU CAN'T GO IN. IF YOU WANT TO GO IN, THAT'S YOUR OPTION. JUST IF YOU
WANT TO MAKE IT EASIER, FOR SOME IT'S EASIER JUST TO DO IT FROM A
COMPUTER, NOT IN THE OFFICE.
MR. SIMPSON: RIGHT. SO A FEW BILLS AGO WE JUST
PASSED SOME LEGISLATION THAT, YOU KNOW, IN-HOUSE, YOU KNOW, HOME
VISITATION TO ALLOW PEOPLE TO RECEIVE MORE SERVICES. IT SEEMS LIKE THIS
KIND OF BILL, ENCOURAGING MORE VIDEO, MORE DISTANCE FROM PEOPLE THAT
REALLY TRULY NEED SERVICES, WE'RE ALMOST ENCOURAGING A DISTANCE
BETWEEN THE PEOPLE THAT WE'RE TRYING TO SERVE AND THE AGENCY, WHICH
REALLY I THINK TO THEIR POINT, THEY PROBABLY WANT TO GET TO KNOW THE
PEOPLE, THEIR APPLICANTS, MAYBE IN A SERIES OF INTERACTIONS AND MAYBE
THEN CHOOSE WHICH PEOPLE WOULD BE ELIGIBLE FOR VIDEO. BUT THIS
DOESN'T SEEM TO HAVE THAT KIND OF -- IS THAT YOUR INTENTION, OR...
MS. ROSENTHAL: NO, NO. AS THE WORLD GOES
MORE ELECTRONIC, WE WANTED TO MAKE SURE THAT, YOU KNOW, FOR SOME
PEOPLE IT'S A REAL BURDEN TO GO IN, AND THAT WAS CERTAINLY THE CASE
DURING COVID. AND THIS PROTECTED A LOT OF PEOPLE'S HEALTH AND
WELL-BEING BECAUSE THEY DIDN'T HAVE TO GO IN, AND IN SOME CASES THE
OFFICES WEREN'T EVEN OPEN. BUT THIS IS AN OPTION TO DO IT ELECTRONICALLY
OR IF YOU DON'T CHOOSE TO DO THAT, YOU CAN JUST GO IN.
MR. SIMPSON: ALL RIGHT. BUT WOULDN'T YOU AGREE
THAT THOSE, YOU KNOW, INITIAL ONE-ON-ONE INITIAL MEETINGS, YOU KNOW,
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NYS ASSEMBLY MAY 5, 2022
GET TO KNOW WHO THEIR, YOU KNOW, WHO THESE PEOPLE ARE AND WHO THE
PEOPLE PROVIDING THE SERVICES ARE, YOU KNOW, REALLY SETS OFF A GOOD
RELATIONSHIP AND ALSO PREVENTS MAYBE SOME OF THE NEGATIVE SIDE OF
PUBLIC ASSISTANCE WHERE PEOPLE ARE LOOKING TO GAME IT, YOU KNOW, AND
YOU CAN KIND OF WEED OUT.
MS. ROSENTHAL: WELL, I MEAN FROM THE AREA THAT
YOU MENTIONED SOME CONCERN ABOUT IN THE RURAL AREAS, THEY WOULD
NECESSARILY HAVE TO GO IN IF THEY DON'T HAVE THE ACCESS TO BROADBAND.
AND SO OTHERS, YOU KNOW, THIS PROGRAM HAS WORKED VERY WELL IN MANY
COUNTIES ACROSS THE STATE AND...
MR. SIMPSON: WHICH COUNTIES ARE DOING IT?
MS. ROSENTHAL: THERE ARE MANY COUNTIES, 54
COUNTIES ARE DOING IT.
MR. SIMPSON: FIFTY-FOUR OUT OF THE 62 ARE DOING IT
NOW?
MS. ROSENTHAL: OUT OF THE 58, YES. PLUS NEW
YORK CITY.
MR. SIMPSON: OKAY. OKAY, THANK YOU.
MS. ROSENTHAL: SURE.
MR. SIMPSON: ON THE BILL, MR. SPEAKER.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
SIMPSON.
MR. SIMPSON: I THINK FROM, YOU KNOW, THIS REALLY
CONFLICTS WITH A LOT OF OTHER LEGISLATION THAT WE HAVE PASSED WHERE I
REALLY THINK THAT WE NEED TO BUILD A RELATIONSHIP ONE-ON-ONE WITH
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NYS ASSEMBLY MAY 5, 2022
PEOPLE THAT ARE RECEIVING PUBLIC ASSISTANCE. WE NEED TO -- YOU KNOW, A
LOT OF TIMES PEOPLE ARE COMING IN FOR ONE ISSUE AND THERE'S REALLY
SOMETHING ELSE THAT'S GOING ON THAT YOU'RE NOT GOING TO PICK UP ON
THROUGH A VIDEO INTERACTION. SO I THINK THERE, IN CERTAIN CIRCUMSTANCES,
VIDEO CAN WORK AGAINST THIS AND NOT IDENTIFY THOSE ISSUES THAT MAYBE
NOT BE APPARENT. AND I HAVE CONCERNS OVER BEING ABLE TO VERIFY, YOU
KNOW, THE PERSON ON THE OTHER END IS WHO THEY ARE, WHAT KIND OF, YOU
KNOW, QUALIFICATIONS ARE GOING TO BE REQUIRED TO SHOW AND I'M JUST, YOU
KNOW, WE SEE ALL KINDS OF ISSUES WITH EVERYTHING BASED ON AN INTERNET
OR GOING OVER, YOU KNOW, TRANSFERRING THINGS OVER VIDEO.
I'M OPPOSED TO THIS BILL AND I'M GOING TO RECOMMEND
THAT MY COLLEAGUES ALSO CONSIDER OPPOSING THIS BILL. UNTIL THERE'S SOME
WAY TO VERIFY SOME KIND OF AFFIRMATION THAT THERE'S A WAY TO VERIFY THE
IDENTITY ON THE OTHER END. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. WALCZYK.
MR. WALCZYK: I APPRECIATE THE OPPORTUNITY, MR.
SPEAKER. WOULD THE SPONSOR YIELD FOR SOME QUESTIONS?
ACTING SPEAKER AUBRY: MS. ROSENTHAL, WILL
YOU YIELD?
MS. ROSENTHAL: YES.
MR. WALCZYK: THANKS. SO THIS BILL AUTHORIZES
SOCIAL SERVICES DISTRICTS TO DO ELECTRONIC PAPERWORK FINALLY; IS THAT
CORRECT?
MS. ROSENTHAL: CORRECT.
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NYS ASSEMBLY MAY 5, 2022
MR. WALCZYK: IT ALSO DIRECTS ALL SOCIAL SERVICE
DISTRICTS IN THE STATE OF NEW YORK TO ACCEPT ELECTRONIC PAPERWORK
FILING; IS THAT CORRECT?
MS. ROSENTHAL: YES.
MR. WALCZYK: ARE THERE -- I NOTICED, AND IT'S A
PRETTY SHORT BILL, BUT IT STARTS OUT WITH, NOTWITHSTANDING ANY OTHER LAW,
RULE, OR REGULATION TO THE CONTRARY. ARE THERE OTHER LAWS, RULES, OR
REGULATIONS TO THE CONTRARY THAT WE SHOULD BE CONSIDERING?
MS. ROSENTHAL: NOT THAT I KNOW OF, BUT JUST IN
CASE THERE WERE WE WANTED TO MAKE SURE TO TAKE PRECAUTIONS.
MR. WALCZYK: SO THERE WILL BE NO EXEMPTIONS
WHATSOEVER, AT LEAST AS FAR AS YOU KNOW OF.
MS. ROSENTHAL: WELL, AS THE BILL SAYS,
NOTWITHSTANDING ANY LAW, RULE, OR REGULATION TO THE CONTRARY.
MR. WALCZYK: AND THROUGH YOU, MR. SPEAKER,
WHAT IF A SOCIAL SERVICE DISTRICT WANTS TO CONTINUE TO REQUIRE THAT FOR
SOME PAPERWORK PEOPLE SHOULD ACTUALLY HAVE TO COME INTO THE OFFICE
BECAUSE THEY WANT TO SEE THEM IN PERSON. WILL THE SOCIAL SERVICE
DISTRICT HAVE A WAY THAT THEY CAN STILL REQUIRE THAT?
MS. ROSENTHAL: WELL, THEY CAN'T REQUIRE IT, BUT
THEY CAN CERTAINLY ENGAGE THE APPLICANT AND GO OVER SOMETHING THAT
THEY FEEL THEY NEED TO.
MR. WALCZYK: SO IN OTHER WAY, THROUGH YOU, MR.
SPEAKER, ANOTHER WAY OF PUTTING THAT WOULD BE THAT IT'S THE APPLICANT'S
CHOICE AS TO WHETHER THEY WANT TO COME INTO THEIR SOCIAL SERVICE
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NYS ASSEMBLY MAY 5, 2022
DISTRICT TO APPLY FOR NEW BENEFITS OR FILE ANY PAPERWORK WITH THE SOCIAL
SERVICE DISTRICT MIGHT NEED FROM THEM?
MS. ROSENTHAL: I MEAN, THE BASIC METHOD HERE IS
DO THEY QUALIFY, AND SO THAT WILL BE DETERMINED THROUGH THE PAPERWORK.
MR. WALCZYK: ARE SOCIAL SERVICE DISTRICTS RUN BY
NEW YORK STATE EMPLOYEES?
MS. ROSENTHAL: I'M SORRY, SAY IT AGAIN.
MR. WALCZYK: ARE THE SOCIAL --
MS. ROSENTHAL: I WOULD SAY THEY'RE -- THEY'RE
LOCAL EMPLOYEES.
MR. WALCZYK: YEAH, GENERALLY COUNTY
EMPLOYEES, THAT'S MY UNDERSTANDING, AS WELL, OR IN THE CASE OF THE NEW
YORK CITY THEY'D BE NEW YORK CITY EMPLOYEES. WHY -- WHY WOULD
WE BRING FORWARD POLICY HERE TO TELL OUR COUNTIES SOCIAL SERVICE
DISTRICTS THAT WE KNOW BEST HOW THEY SHOULD ACCEPT PAPERWORK IN THEIR
LOCAL SOCIAL SERVICE DISTRICTS?
MS. ROSENTHAL: IN THIS CASE, 54 OUT OF THE 58
SOCIAL SERVICE DISTRICTS, PLUS NEW YORK CITY, HAVE DONE THIS VOLUNTARILY
AND WE JUST WANT TO MAKE SURE TO MAKE IT THE LAW. SO WE'RE NOT
FORCING ANYTHING ON THEM THAT THEY HAVEN'T DONE ALREADY THEMSELVES.
MR. WALCZYK: RIGHT, AND I UNDERSTAND, THROUGH
YOU, MR. SPEAKER, THAT 54 OF THE 58 SOCIAL SERVICE DISTRICTS THAT HAVE
OPTED FOR ELECTRONIC FILING DURING PANDEMIC TIMES, IT MAY SOUND GREAT
TO SAY THAT TODAY, BUT MANY OF THEM MAY ALSO REVERT BACK FOR CERTAIN
APPLICATIONS TO REQUIRE AND MANY PROBABLY ALREADY HAVE, IF NOT ALL OF
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NYS ASSEMBLY MAY 5, 2022
THEY HAVE, REVERTED BACK TO FORMER POLICIES WHERE THEY ACTUALLY
REQUIRED APPLICANTS TO SHOW UP IN PERSON FOR -- FOR MANY OF THESE
FILINGS. BUT I APPRECIATE YOU ANSWERING MY QUESTIONS.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. WALCZYK: YEAH SO, I MEAN, WE BRING A LOT OF
POLICIES FORWARD IN THE -- IN THE STATE OF NEW YORK THAT TELL
MUNICIPALITIES HOW TO DO THEIR BUSINESS. I THINK SOME SOCIAL SERVICE
DISTRICTS ARE RIFE WITH PROBLEMS. SOME HAVE GREAT EXAMPLES OF HOW TO
BEST WORK AND IF WE'RE GOING TO SET POLICY FORWARD, WE REALLY SHOULD
LOOK AT ALL OF THE SOCIAL SERVICE DISTRICTS ACROSS THE STATE OF NEW YORK
AND TAKE ON SOME OF THEIR POLICIES INSTEAD OF DECIDING RIGHT ON FROM
THE TOP WHAT WE DECIDE IS BEST FOR EVERYONE BECAUSE OF SOME
EXTENUATING CIRCUMSTANCES OVER THE LAST COUPLE OF YEARS SO WE JUST TURN
THAT INTO A BLANKET POLICY AND CODIFY IT IN LAW AND SAY NOW,
CONGRATULATIONS YOU COUNTIES, YOU MAY HAVE LIKED YOUR MODUS
OPERANDI, BUT NOW YOU WILL DO IT THIS WAY BECAUSE ALBANY SAYS SO. I
THINK WE'VE SEEN ENOUGH OF THAT AND I WILL BE VOTING NO ON THIS BILL AND
ENCOURAGE MY COLLEAGUES TO DO THE SAME.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 9118-A. THIS IS A PARTY VOTE. ANY
MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE
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NYS ASSEMBLY MAY 5, 2022
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. THOSE WHO SUPPORT
IT ARE CERTAINLY WELCOME TO VOTE IN FAVOR OF IT OR NOTIFY THE MINORITY
LEADER ACCORDINGLY. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
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 SOME OF OUR COLLEAGUES THAT
WOULD DESIRE TO BE AN EXCEPTION. THEY SHOULD FEEL FREE TO CONTACT THE
MAJORITY LEADER'S OFFICE, WE WILL MAKE SURE THEIR VOTE IS PROPERLY
RECORDED. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, MRS.
PEOPLES-STOKES.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 33, CALENDAR NO. 516, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A09598, CALENDAR NO.
516, JOYNER, COLTON, CAHILL, DAVILA. AN ACT TO AMEND THE LABOR LAW,
IN RELATION TO REDEFINING THE TERM "COVERED RENEWABLE ENERGY SYSTEM."
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NYS ASSEMBLY MAY 5, 2022
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: AN EXPLANATION, PLEASE.
ACTING SPEAKER AUBRY: MS. JOYNER, AN
EXPLANATION HAS BEEN REQUESTED.
MS. JOYNER: THIS BILL WOULD REDEFINE THE TERM
"COVERED RENEWABLE ENERGY SYSTEM" TO REQUIRE PREVAILING WAGE ON
PROJECTS OF ONE MEGAWATT OR GREATER. THE CURRENT LAW APPLIES TO
PROJECTS GREATER THAN FIVE MEGAWATTS. THIS LEGISLATION WILL GIVE DOL
THE ABILITY TO ENFORCE WAGE STANDARDS ASSOCIATED WITH SUCH WORK.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU. WOULD THE SPONSOR
YIELD?
MS. JOYNER: YES.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. GOODELL: THANK YOU, MS. JOYNER. SO JUST TO
MAKE SURE I UNDERSTAND THE SCOPE OF THIS, WHAT THIS WOULD DO IS REQUIRE
SMALLER GENERATING PROJECTS, RENEWABLE ENERGY SYSTEMS TO BE NOW
SUBJECT TO PREVAILING WAGE, AND BEFORE THIS AMENDMENT THEY WOULD NOT
BE, CORRECT?
MS. JOYNER: ANYTHING OVER ONE MEGAWATT, YES.
MR. GOODELL: OKAY. SO YOU KNOW, GOING BACK
JUST A LITTLE BIT, WHEN WE STARTED WITH PREVAILING WAGE IT ONLY APPLIED TO
MUNICIPAL PROJECTS AND WE SAID IF YOU'RE USING MUNICIPAL FUNDS YOU
HAVE TO PAY PREVAILING WAGES. THIS WOULD APPLY THOUGH TO PROJECTS
THAT DON'T HAVE ANY MUNICIPAL EMPLOYEES OR MUNICIPAL FUNDS INVOLVED,
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NYS ASSEMBLY MAY 5, 2022
CORRECT?
MS. JOYNER: YES.
MR. GOODELL: SO WHY ARE WE REQUIRING PREVAILING
WAGE ON PRIVATELY FUNDED, PRIVATELY DESIGNED, AND PRIVATELY
IMPLEMENTED PROJECTS?
MS. JOYNER: SOME OF THEM DO RECEIVE PUBLIC
FUNDING, SO -- NOT ALL OF THEM, BUT MOST DO.
MR. GOODELL: BUT THIS LEGISLATION IS NOT LIMITED TO
THOSE THAT RECEIVE PUBLIC FUNDING, CORRECT?
MS. JOYNER: THAT'S CORRECT.
MR. GOODELL: I KNOW SOMETIMES WITH IDA
LEGISLATION, WE'LL PROVIDE THAT IF THEY RECEIVE IDA FUNDING THEY HAVE TO
COMPLY WITH VARIOUS REQUIREMENTS, BUT THIS WOULD APPLY EVEN TO THOSE
PROJECTS THAT ARE COMPLETELY PRIVATELY FUNDED AND DESIGNED, AND
IMPLEMENTED AND OWNED BY A PRIVATE ENTITY, CORRECT?
MS. JOYNER: YES. NYSERDA IS ALSO REQUIRING
THIS REQUIREMENT FOR PREVAILING WAGE, SO THIS IS JUST CODIFYING IT IN
STATUTE AT THIS POINT.
MR. GOODELL: THANK YOU VERY MUCH, I APPRECIATE
YOUR INSIGHTS ON THAT. THANK YOU.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. GOODELL: THE CHALLENGE THAT WE HAVE WHEN
WE REQUIRE ENTIRELY PRIVATE PROJECTS TO PAY PREVAILING WAGES IS THAT IN
MANY OF OUR COMMUNITIES, THE NORMAL PRIVATE SECTOR WAGE RATE CAN BE
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NYS ASSEMBLY MAY 5, 2022
SIGNIFICANTLY LOWER THAN PREVAILING WAGE, AND THAT REFLECTS IN PART THE
WAY PREVAILING WAGES ARE CALCULATED. WHEN THE PREVAILING WAGE
STATUTE WAS FIRST IMPLEMENTED, IT WAS ENVISIONED THAT THE DEPARTMENT
OF LABOR WOULD REVIEW WHAT THE AVERAGE WAGES WERE IN EACH REGION,
AND AS A MATTER OF ADMINISTRATIVE SIMPLICITY, WHAT THE LABOR
DEPARTMENT ACTUALLY DID IS CALCULATE THE AVERAGE WAGE IN A LARGE
MUNICIPAL ENTITY WITHIN A REGION. SO AS A RESULT, WHAT'S CALLED THE
PREVAILING WAGE IN CHAUTAUQUA COUNTY IS TYPICALLY 25 TO 35 PERCENT
HIGHER THAN WHAT ANYONE ELSE IN THE COUNTY IS PAYING FOR THE SAME
EXACT WORK, AND IT'S BECAUSE IT'S BASED ON WHAT THE AVERAGE WAGES ARE
IN BUFFALO. BUT THOSE WAGES ARE NOT THE SAME, THEY AREN'T ANYWHERE
CLOSE TO WHAT WE PAY IN MY COUNTY WHICH IS, BY THE WAY, AN
HOUR-AND-A-HALF TO TWO HOUR DRIVE FROM BUFFALO.
SO WHAT HAPPENS THEN WHEN WE EXTEND PREVAILING
WAGE TO PRIVATELY-FUNDED PROJECTS, WE INCREASE THE LABOR COSTS OF THOSE
PROJECTS BY ANYWHERE FROM 20 TO 30 TO 35 PERCENT. AND AS WE INCREASE
THE COST OF LABOR, WE MAKE THESE PROJECTS MORE EXPENSIVE AND THERE ARE
SOME PROJECTS THAT NO LONGER WILL BE FINANCIALLY VIABLE. AND WE SEE, OF
COURSE, THAT CONCEPT IN PLAY EVERYWHERE WE GO, RIGHT? YOU INCREASE
THE PRICE AND FEWER PROJECTS GO FORWARD. WE INCREASE THE PRICE ON
RENEWABLE ENERGY PROJECTS, FEWER OF THEM WILL BE BUILT, FEWER
RENEWABLE PROJECTS WILL GO ON LINE. FEWER EMPLOYEES WILL BE HIRED TO
CONSTRUCT THEM. IT'S ALMOST LIKE CAN YOU IMAGINE IN A NORMAL ROUTINE
SCENARIO, WE ALL SEE SALES, RIGHT, A RETAIL SALES, IT SAYS 25 TO 30 PERCENT
OFF THIS WEEKEND ONLY, COME IN AND BUY MORE PRODUCT. WHAT THIS BILL
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NYS ASSEMBLY MAY 5, 2022
SAYS IS THE EXACT OPPOSITE, WE'LL RAISE THE PRICE 25 AND 35 PERCENT AND
THE NET EFFECT IS WE WILL HAVE LESS OF THEM. IMAGINE ALL THE RETAIL
COMPANIES SAYING COME IN, THIS WEEKEND ONLY, 25 TO 35 PERCENT MORE
EXPENSIVE. WELL, NO ONE IN THEIR RIGHT MIND WHO WANTS TO HAVE MORE
PRODUCT SOLD WOULD EVER ADVERTISE THAT ON THE WEEKEND THE PRICE IS
GOING UP BY 25 TO 35 PERCENT, BUT THIS IS WHAT THIS BILL DOES.
SO FOR THOSE OF US WHO WANT TO ENCOURAGE MORE
RENEWABLE ENERGY, THE LAST THING WE WANT TO DO IS RAISE THE COST WELL
ABOVE WHAT THE AVERAGE COST IS IN THE COMMUNITY. FOR THAT REASON, I
WILL BE VOTING NO AND RECOMMEND MY COLLEAGUES DO THE SAME. THANK
YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 9598. THIS IS A PARTY VOTE. ANY MEMBER
WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION
IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS
PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. THE
REPUBLICAN CONFERENCE IS GENERALLY OPPOSED TO THIS BILL. THOSE WHO
SUPPORT IT CERTAINLY CAN VOTE IN FAVOR OF IT HERE ON THE FLOOR OF THE
ASSEMBLY OR BY CALLING THE MINORITY LEADER. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
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NYS ASSEMBLY MAY 5, 2022
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE IS GENERALLY IN FAVOR OF THIS PIECE
OF LEGISLATION; HOWEVER, THERE MAY BE COLLEAGUES WHO WOULD DESIRE TO
BE AN EXCEPTION. THEY SHOULD FEEL FREE TO CONTACT THE MAJORITY
LEADER'S OFFICE. THEIR VOTE WILL BE PROPERLY RECORDED. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, MA'AM.
(THE CLERK RECORDED THE VOTE.)
MS. JOYNER TO EXPLAIN HER VOTE.
MS. JOYNER: THANK YOU, MR. SPEAKER. I WOULD
ENCOURAGE MY COLLEAGUES TO VOTE IN THE AFFIRMATIVE FOR THIS PIECE OF
LEGISLATION. I JUST WANTED TO CLARIFY SOME THINGS. THIS WOULD BE
APPLICABLE TO PRIVATE PROJECTS WHO ARE RECEIVING RENEWABLE ENERGY
CREDITS, OR ANY THIRD-PARTY THAT IS ACTING ON BEHALF OF A PUBLIC ENTITY.
SO IT'S NOT -- IT'S NOT APPLICABLE TO ANYONE WHO IS NOT RECEIVING ANY
PUBLIC BENEFIT. WE BELIEVE THAT WE NEED TO PAY OUR WORKERS WHAT
THEY'RE DESERVING OF AND PREVAILING WAGE IS THE BEST STANDARD. WE
KNOW THAT THIS IS GOING -- THAT PREVAILING WAGE IS PROVEN TO UPLIFT LOCAL
ECONOMIES AND WE KNOW THAT WHEN WE PAY PEOPLE MORE, THAT MONEY IS
INVESTED RIGHT BACK INTO LOCAL COMMUNITIES. SO I WANT TO URGE MY
COLLEAGUES TO VOTE IN THE AFFIRMATIVE. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU. MS.
JOYNER IN THE AFFIRMATIVE. THANK YOU, MA'AM.
MR. PALMESANO TO EXPLAIN HIS VOTE.
MR. PALMESANO: YES, MR. SPEAKER, JUST TO KIND
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NYS ASSEMBLY MAY 5, 2022
OF PARLAY ON WHAT MY COLLEAGUE WAS SAYING. WHEN WE INCREASE THE
COST FOR PRIVATE BUSINESS, WHEN WE INCREASE THE COST OF THESE
RENEWABLE PROJECTS, WE'RE GOING TO INCREASE ELECTRICITY PRICES AND COSTS
FOR OUR RATEPAYERS. AND IT'S NICE TO SEE THAT THIS BILL IS DEALING WITH
PREVAILING WAGE, I'M SURE THIS DOES NOT PROVIDE PREVAILING WAGE FOR THE
CHILDREN IN THE CONGO THAT ARE HAND MINING FOR COBALT TO PROVIDE FOR
THESE RENEWABLE ELECTRIC VEHICLES; IN FACT, THEY GET PAID A DOLLAR A DAY.
I VOTE NO.
ACTING SPEAKER AUBRY: MR. PALMESANO IN THE
NEGATIVE. THANK YOU, SIR.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD THE
FOLLOWING COLLEAGUES IN SUPPORT OF THIS LEGISLATION: MR. BRABENEC, MR.
DURSO, MR. GANDOLFO, MR. MICHAEL LAWLER, MR. RA, AND MR. SMITH.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED, THANK YOU.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, DO YOU
HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?
ACTING SPEAKER AUBRY: WE HAVE
HOUSEKEEPING.
ON BEHALF OF MR. ABINANTI, BILL NO. A07443-B,
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NYS ASSEMBLY MAY 5, 2022
ASSEMBLY BILL RECALLED FROM THE SENATE. THE CLERK WILL READ THE TITLE
OF THE BILL.
THE CLERK: AN ACT TO AMEND THE SOCIAL SERVICES
LAW.
ACTING SPEAKER AUBRY: MOTION TO RECONSIDER
THE VOTE BY WHICH THE BILL PASSED THE HOUSE.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
THE CLERK WILL ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS BEFORE THE HOUSE AND THE AMENDMENTS ARE
RECEIVED AND ADOPTED.
WE HAVE FINE RESOLUTIONS, WE WILL TAKE THEM UP WITH
ONE VOTE. ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE;
OPPOSED, NO. THE RESOLUTIONS ARE ADOPTED.
(WHEREUPON, ASSEMBLY RESOLUTION NOS. 834-836
WERE UNANIMOUSLY APPROVED.)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. I WANT TO RECOGNIZE THE PRESENCE OF MR. ZEBROWSKI'S BABIES
THAT ARE IN THE CHAMBERS WITH US TODAY, TWO OF THE OLDER MEMBERS OF
THE BABY CAUCUS, AND I ALSO WANTED TO SAY HAPPY MOTHER'S DAY TO ALL
THE MOTHERS AS WE HEAD HOME FOR THE WEEKEND. AND I WANT TO
ACKNOWLEDGE MY COLLEAGUES WHO SAW IT FIT TO NOT ONLY SEND ME A
BEAUTIFUL CARD WITH VERY TOUCHING WORDS IN IT, BUT SOME BEAUTIFUL
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NYS ASSEMBLY MAY 5, 2022
FLOWERS, AS WELL. I WON'T SAY THEIR NAMES, THEY KNOW WHO THEY ARE, BUT
THANK YOU VERY MUCH. AND FOR EVERYONE, PLEASE HAVE A HAPPY
MOTHER'S DAY.
ACTING SPEAKER AUBRY: HAPPY MOTHER'S DAY
TO ALL.
(APPLAUSE)
MRS. PEOPLES-STOKES: I NOW MOVE THAT THE
ASSEMBLY STAND ADJOURNED UNTIL FRIDAY, MAY THE 6TH, TOMORROW BEING
A LEGISLATIVE DAY, AND THAT WE RECONVENE AT 2:00 P.M. ON MAY THE 9TH,
MONDAY BEING A SESSION DAY.
ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS
ADJOURNED, AND WE WISH THE ZEBROWSKI FAMILY A HAPPY MOTHER'S DAY.
(APPLAUSE)
(WHEREUPON, AT 2:28 P.M., THE ASSEMBLY STOOD
ADJOURNED UNTIL FRIDAY, MAY 6TH, FRIDAY BEING A LEGISLATIVE DAY, AND TO
RECONVENE ON MONDAY, MAY 9TH AT 2:00 P.M., MONDAY BEING A SESSION
DAY.)
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