TUESDAY, JUNE 1, 2021 3:25 P.M.
ACTING SPEAKER AUBRY: THE HOUSE WILL COME
TO ORDER.
THE REVEREND DR. KIRKPATRICK G. COHALL WILL OFFER A
PRAYER.
REVEREND DR. KIRKPATRICK G. COHALL:
LET US PRAY. O GOD, OUR CREATOR, WE COME BEFORE YOU THIS AFTERNOON
SEEKING YOUR BLESSING AND YOUR FAVOR UPON THE GREAT STATE OF NEW
YORK. WE OFFER THANKSGIVING FOR ANOTHER DAY AND ANOTHER SESSION, AND
FOR THIS NEW SEASON. WE THANK YOU FOR BRINGING US SAFELY THUS FAR
ALONG OUR WAY. YOU HAVE BROUGHT US THROUGH ONE OF THE MOST
CHALLENGING PERIODS IN OUR HISTORY WHERE SO MANY PEOPLE SUFFERED AND
WERE DEEPLY AFFECTED BY THE CORONAVIRUS, AND SO WE GIVE YOU THANKS
FOR THE RECOVERY THAT WE HAVE BEGUN TO EXPERIENCE.
O GOD, WE SEEK YOUR GUIDANCE AND WISDOM FOR THE
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CHALLENGES THAT WE CONTINUALLY FACE AS A NATION AND AS A STATE. WE
PRAY FOR OUR GOVERNOR AND FOR THE LEADERSHIP IN THE NEW YORK STATE
ASSEMBLY. WE PRAY FOR THE SPEAKER, CARL HEASTIE, DEPUTY SPEAKER
CATHERINE NOLAN, THE MAJORITY LEADER CRYSTAL PEOPLES-STOKES, AND WE
PRAY FOR ALL THE OTHER LEADERS IN THE ASSEMBLY WHO ARE CALLED TO SERVE
THE CITIZENS OF THIS STATE WITH INTEGRITY, COMPASSION, AND JUSTICE. WE
PRAY FOR EVERY LEGISLATOR THAT HAVE BEEN GIVEN THE OPPORTUNITY TO SERVE.
WE PRAY THAT EVERY LAW THAT IS PASSED WILL REFLECT JUSTICE AND EQUITY FOR
ALL OF OUR CITIZENS. O GOD, WE ALSO PRAY FOR THOSE WHO ARE
MARGINALIZED IN OUR STATE, THOSE WHO DEPEND ON JUST LAWS SO THAT ALL
MAY HAVE ACCESS TO GOOD HEALTH CARE, EDUCATION, FAIR HOUSING, AND A
SAFE STATE TO CALL HOME. WE PRAY FOR THOSE WHO DO NOT HAVE A VOICE
AND RELY ON THEIR PUBLIC SERVANTS TO SPEAK FOR THEM. WE PRAY FOR THOSE
WHO ARE ON THE FOREFRONT OF THE CAUSE OF JUSTICE. GRANT THEM
PERSEVERANCE AND COURAGE TO CONTINUE IN THE THINGS THAT WILL BRING
ABOUT A BETTER SOCIETY.
AND SO WE PRAY THAT NEW YORK STATE WILL PROSPER AND
THAT THE ISSUES THAT UNITE US WILL TAKE PRECEDENT OVER THE THINGS THAT
DIVIDE US. AS THIS SESSION OPENS AND AS OUR PUBLIC SERVANTS DELIBERATE
THE FUTURE OF OUR STATE, HELP THEM TO REMEMBER THAT WE ARE ALL GOD'S
CHILDREN, CREATED IN THE IMAGE TO BE IN PARTNERSHIP, ONE WITH THE OTHER,
WORKING FOR THE CAUSE OF ALL WHO CALL THIS GREAT STATE THEIR HOME. AND
SO, O GOD, WE INVOKE YOUR BLESSINGS AND YOUR GRACE AND YOUR MERCY
TO CONTINUE TO REST, REMAIN, AND ABIDE WITH US ALL NOW AND FOREVER.
AMEN.
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NYS ASSEMBLY JUNE 1, 2021
MEMBERS: AMEN.
ACTING SPEAKER AUBRY: VISITORS ARE INVITED
TO JOIN 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 MONDAY, MAY 31ST.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I MOVE TO
DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF MONDAY, MAY THE
31ST AND ASK THAT THE SAME STAND APPROVED.
ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO
ORDERED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THIS IS THE POINT WHERE WE USUALLY LIKE TO GIVE A QUOTE, BUT
THERE HAVE BEEN TWO SIGNIFICANT THINGS THAT HAPPENED OVER THE COURSE
OF THIS WEEKEND THAT WE ALL ENJOYED. WE WERE GONE BECAUSE WE WERE
CELEBRATING MEMORIAL DAY, TO THE CREDIT OF MR. GOODELL WHO SHARED
WITH ME A NUMBER TODAY THAT I DID NOT KNOW BEFORE, I THINK IT'S A
WORTHY NUMBER FOR NEW YORKERS TO KNOW SO I WOULD LIKE TO SHARE WITH
YOU ALL, THAT SINCE THE WAR OF 1812, ONE THOUSAND -- THREE HUNDRED --
257,000 NEW YORKERS FOUGHT AND SACRIFICED THEIR LIVES IN THOSE WARS.
AND THE SECOND THING OF SIGNIFICANT IMPORTANCE THAT HAPPENED 100
YEARS AGO WAS THE TULSA RACE MASSACRE OF 1921. AND SO I DON'T KNOW
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HOW MANY OTHER FOLKS HAD AN OPPORTUNITY, BUT I HAD AN OPPORTUNITY TO
HEAR SOMEBODY SPEAK WHO IS 107 YEARS OLD WHO LEFT HER HOME IN
TULSA, WENT ALL THE WAY TO WASHINGTON, D.C., AND SHE SPOKE. AND I
WANT TO SHARE HER WORDS TODAY AS A QUOTE. "I WILL NEVER FORGET THE
VIOLENCE OF THE MOB WHEN WE LEFT OUR HOME. I STILL SEE BLACK MEN
BEING SHOT, BODIES LAYING IN THE STREET. I STILL SMELL SMOKE AND SEE FIRE.
I STILL SEE BLACK BUSINESSES BEING BURNED. I HEAR -- STILL HEAR AIRPLANES
FLYING OVERHEAD. I HEAR SCREAMS. I HAVE LIVED THROUGH THE MASSACRE
EVERY DAY. OUR COUNTRY MAY FORGET THIS HISTORY, BUT I CANNOT." THOSE
WORDS, MR. SPEAKER, ARE FROM VIOLA FLETCHER, AGAIN, SHE'S 107 YEARS
OLD. ONE OF THE LAST KNOWN SURVIVORS OF THE 1921 TULSA RACE
MASSACRE. TWO VERY SIGNIFICANT PIECES OF AMERICAN HISTORY, MR.
SPEAKER, THAT WE SHOULD NOT EVER FORGET.
SO NOW DOWN TO BUSINESS. MEMBERS HAVE ON THEIR
DESKS A MAIN CALENDAR AS WELL AS AN A-CALENDAR. AND THE A-CALENDAR
HAS 125 NEW BILLS ON IT, MR. SPEAKER, SO I WOULD NOW LIKE TO MOVE TO
ADVANCE THAT A-CALENDAR.
ACTING SPEAKER AUBRY: ON A MOTION BY MRS.
PEOPLES-STOKES, THE A-CALENDAR IS ADVANCED.
MRS. PEOPLES-STOKES: THANK YOU. OH, I WAS
REMISS BECAUSE I DIDN'T REMEMBER TO REMIND FOLKS THAT THIS IS THE FIRST
DAY OF THE 22ND WEEK OF THE 244TH LEGISLATIVE SESSION. AND AFTER
THERE'S ANY HOUSEKEEPING THAT YOU MAY HAVE, MR. SPEAKER, OR
INTRODUCTIONS, WE ARE GOING TO BEGIN BY TAKING UP RESOLUTIONS ON PAGE
3 AND THEN WE'RE GOING TO CONSENT THE NEW BILLS FROM THE A-CALENDAR,
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NYS ASSEMBLY JUNE 1, 2021
BEGINNING WITH RULES REPORT NO. 154. AND WE'RE ALSO GOING TO WORK
FROM OUR DEBATE LIST. THAT'S THE GENERAL OUTLINE, MR. SPEAKER. AGAIN,
IF THERE ARE INTRODUCTIONS OR HOUSEKEEPINGS [SIC], NOW WOULD BE A GREAT
TIME, AND THANK YOU.
ACTING SPEAKER AUBRY: WE HAVE AN
INTRODUCTION BY MR. PERRY ON BEHALF OF MS. RICHARDSON, ALSO.
MR. PERRY.
MR. PERRY: THANK YOU, MR. SPEAKER, FOR THE
OPPORTUNITY TO INTRODUCE REVEREND DR. PATRICK [SIC] COHALL COULD DID
OUR PRAYER. HAVING KNOWN DR. COHALL FOR SOME TIME, I'M SURE THAT
GOD WILL ANSWER HIS PRAYERS AND A SPECIAL BLESSING HE QUIETLY MADE FOR
ME, I LOOK FORWARD TO ALL OF THEM BEING ANSWERED. AND I ALSO SPEAK ON
BEHALF OF MY COLLEAGUE, ASSEMBLYMEMBER DIANA RICHARDSON, IN
WHOSE DISTRICT THE CHURCH, LENOX ROAD BAPTIST CHURCH, IS LOCATED.
REVEREND DR. PATRICK -- KIRKPATRICK COHALL IS A SENIOR PASTOR AT THE
LENOX ROAD BAPTIST CHURCH IN BROOKLYN, AND HAS BEEN THE PASTOR
THERE FOR 24 YEARS. PRIOR TO HIS PASTORAL SERVICE, DR. COHALL WORKED FOR
11 YEARS AS A MEDICAL TECHNOLOGIST AT THE MEMORIAL SLOAN KETTERING
CANCER RESEARCH HOSPITAL IN NEW YORK CITY. HE PRIDEFULLY MADE
BOLD AND COURAGEOUS CHANGES IN HIS CAREER PATH TO FULFILL A CALL FOR
PASTORAL MINISTRY. DR. COHALL IS A GRADUATE OF NEW YORK THEOLOGICAL
SEMINARY WITH A MASTERS OF DIVINITY AND DOCTOR OF MINISTRY, AND A
DOCTOR OF PHILOSOPHY FROM FORDHAM UNIVERSITY GRADUATE SCHOOL OF
EDUCATION. AS YOU CAN SEE HERE, IT WOULD TAKE A LONG TIME TO GO
THROUGH ALL OF THE ACCOLADES HE HAS EARNED AND RECEIVED, AND ALL OF THE
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ACCOMPLISHMENTS. SO IN INTEREST OF TIME, I'LL CUT IT SHORT, JUST
MENTIONING A FEW OF HIS OUTSTANDING ACHIEVEMENTS, ACCOMPLISHMENTS.
DR. COHALL ALSO TAUGHT AT SING SING CORRECTIONAL FACILITY AND HE IS A
CHAIRMAN FOR THE SUNY DOWNSTATE -- SUNY DOWNSTATE MEDICAL
CENTER, AND HAS ALSO SERVED AT ANCHOR HOUSE, AMERICAN BAPTIST
CHURCHES OF THE USA. HE'S A PAST PRESIDENT OF THE BOARD OF
INTERNATIONAL MINISTRIES OF THE AMERICAN BAPTIST CHURCHES, OVERSEEING
MINISTRIES SERVING IN ALL SIX CONTINENTS. HE'S THE PROUD PASTOR OF THE
LENOX ROAD BAPTIST CHURCH AND WE THANK HIS CONGREGATION FOR
ALLOWING HIM TO COME HERE AND BLESS US WITH HIS PRAYERS TODAY.
MR. SPEAKER, I ASK YOU TO JOIN MYSELF AND
ASSEMBLYMEMBER DIANA RICHARDSON AS WE WELCOME -- AND ALL MY
COLLEAGUES TO JOIN US AS WE WELCOME DR. COHALL. SORRY HE COULDN'T
MAKE IT HERE BECAUSE OF THE COVID PANDEMIC PROTOCOL, BUT I
PROMISED HIM THAT WHEN WE RETURN TO NORMALITY IN OUR STATE, WE'LL
HAVE HIM HERE TO DO THE PRAYER PERSONALLY, AND I'M SURE WE WILL BE
BLESSED BY HIS PRESENCE. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. PERRY, MS. RICHARDSON, MS. BICHOTTE HERMELYN, THE SPEAKER
AND ALL THE MEMBERS, REVEREND DR. COHALL, WE WELCOME YOU HERE TO
THE NEW YORK STATE ASSEMBLY. THANK YOU FOR SHARING THOSE INSPIRING
WORDS WITH US. WE GRANT YOU THE PRIVILEGES OF THE FLOOR, HOPE THAT YOU
WILL ALWAYS PRAY FOR US AS WE CONDUCT OUR BUSINESS, AND WE CERTAINLY
WILL PRAY FOR YOU AS YOU CONDUCT YOURS. THANK YOU SO VERY MUCH, AND
KNOW THAT YOU'RE ALWAYS WELCOME HERE.
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NYS ASSEMBLY JUNE 1, 2021
(APPLAUSE)
WE DO HAVE SOME HOUSEKEEPING TO TAKE CARE OF BEFORE
WE GET STARTED.
WITHOUT OBJECTION, ON A MOTION BY MS. WEINSTEIN TO
RECONSIDER THE SUBSTITUTION OF SENATE BILL NO. 5785 FOR ASSEMBLY BILL
NO. 2502, SAID SENATE BILL IS RECOMMITTED TO THE COMMITTEE ON
JUDICIARY, AND SAID ASSEMBLY BILL IS RESTORED TO ITS PLACE ON THE ORDER
OF THIRD READING.
ON A MOTION BY MS. WEINSTEIN, PAGE 4, RULES REPORT
NO. 82, BILL NO. 2502, AMENDMENTS ARE RECEIVED AND ADOPTED.
ON A MOTION BY MS. NIOU, PAGE 11, CALENDAR NO.
102, BILL NO. 2260, THE AMENDMENTS ARE RECEIVED AND ADOPTED.
ON A MOTION BY MS. ROZIC, PAGE 27, CALENDAR NO.
373, BILL NO. 6466, AMENDMENTS ARE RECEIVED AND ADOPTED.
WE WILL GO TO PAGE 3 ON THE MAIN CALENDAR, THE CLERK
WILL READ.
THE CLERK: ASSEMBLY RESOLUTION NO. 344, MR.
PERRY.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM JUNE 2021, AS CARIBBEAN AMERICAN
HERITAGE MONTH IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: MR. PERRY ON THE
RESOLUTION.
MR. PERRY: THANK YOU, MR. SPEAKER. MR.
SPEAKER, I RISE TO ADD MY VOICE IN SUPPORT OF THIS RESOLUTION
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NYS ASSEMBLY JUNE 1, 2021
PROCLAIMING JUNE 2021 AS CARIBBEAN AMERICAN HERITAGE MONTH HERE
IN THE UNITED STATES -- IN THE EMPIRE STATE. ALMOST -- ALTHOUGH MOST
CARIBBEAN AMERICAN IMMIGRANTS DID -- DID NOT COME THROUGH ELLIS
ISLAND, LADY LIBERTY'S COMFORTING MESSAGE SERVED AS A WARM INVITATION
AND ASSURANCE THAT AMERICA WOULD WELCOME IMMIGRANTS FROM ALL
AROUND THE WORLD, ALL THOSE WHO CAME IN SEARCH OF WHAT IS KNOWN AS
THE AMERICAN DREAM. THE PROMISE OF LIBERTY, THE PROMISE THAT IF YOU
USE YOUR GOD-GIVEN TALENTS AND WORK HARD, YOU COULD DETERMINE HOW
SUCCESSFUL YOU WOULD BE IN LIFE AND THE QUALITY OF YOUR LIFE AS A FREE
PERSON. LIKE OTHER GROUPS OF IMMIGRANTS, CARIBBEAN AMERICANS SURELY
DID EXPERIENCE SOME DISAPPOINTMENTS AND HARDSHIPS, SUCH AS
DISCRIMINATION BECAUSE MOST OF US HAD -- HAVE DARK COMPLEXION. BUT
WITH OUR DETERMINATION AND RESILIENCE, WE KNOW THAT WE COULD LOOK
FORWARD TO ACHIEVEMENTS AND ACCOMPLISHMENTS OF THE GENERATIONS OF
THOSE WHO CAME BEFORE US, AS SOON AS AMERICA'S SHORES WERE OPEN.
NOT ONLY DO WE CELEBRATE THIS, OUR SHARED HERITAGE,
THIS MONTH, BUT WE ALSO RENEW OUR COMMITMENT TO THE GROWTH AND
WELFARE OF THIS, OUR ADOPTED HOMELAND. FROM A REGION WITH A
POPULATION OF JUST UNDER 40 MILLION, ABOUT THE SAME AS CALIFORNIA,
CARIBBEAN AMERICANS HAVE CONTINUED TO MAKE AN INDELIBLE MARK ON
THE AMERICAN LANDSCAPE, AND WE HAVE WEAVED OUR HERITAGE INTO THE
FABRIC OF THIS NATION. GENERATIONS OF NEW YORKERS FROM THE CARIBBEAN
HAVE PURSUED AND EARNED REMARKABLE ACHIEVEMENTS ACROSS ALL SPECTRUM
OF LIFE. WE CAN THINK OF JEAN-MICHEL BASQUIAT, WORLD-RENOWNED
CARIBBEAN AMERICAN ARTIST, SON OF HAITIAN AND PUERTO RICAN PARENTS,
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NYS ASSEMBLY JUNE 1, 2021
FORMER RESIDENT OF THE 58TH ASSEMBLY DISTRICT WHICH I HAVE THE HONOR
OF REPRESENTING HERE IN THE ASSEMBLY. HIS HARD WORK CONTINUES TO SELL
AT RECORD PRICES ACROSS THE GLOBE. SHIRLEY CHISHOLM, DAUGHTER OF
BARBADIAN AND GUYANESE PARENTS, THE FIRST BLACK WOMAN FROM NEW
YORK TO BE ELECTED TO THE U.S. CONGRESS, AND THE FIRST BLACK WOMAN
EVER TO RUN AND QUALIFY AS A CANDIDATE FOR THE CANDIDACY OF PRESIDENT OF
THE UNITED STATES. COLIN POWELL, SON OF JAMAICAN PARENTS WHO ROSE TO
THE RANK OF FOUR STAR GENERAL OF THE UNITED STATES ARMY, WAS THE FIRST
BLACK NATIONAL SECURITY ADVISOR TO THE PRESIDENT, AND ALSO FIRST
AFRICAN-AMERICAN SECRETARY OF STATE. ALEXANDER HAMILTON, WHO WAS
BORN IN SAINT KITTS AND NEVIS, A FOUNDING FATHER OF THESE GREAT UNITED
STATES AND THE FIRST U.S. TREASURY SECRETARY. SONIA SOTOMAYOR, BORN IN
THE BRONX TO PUERTO RICAN PARENTS AND ROSE TO BECOME THE FIRST WOMAN
OF COLOR AND FIRST LATINA TO SIT ON THE UNITED STATES SUPREME COURT.
THESE OUTSTANDING CARIBBEAN AMERICAN INDIVIDUALS
HAVE ANOTHER THING IN COMMON: THEY ALL MADE NEW YORK STATE THEIR
HOME. SADLY, IT HAS DONE SO MANY CELEBRATIONS -- SADLY AS HAS BEEN
DONE TO SO MANY CELEBRATIONS, THE COVID PANDEMIC HAS PUT A DAMPER
ON THIS YEAR'S HERITAGE MONTH CELEBRATIONS. WE HAVE NO FOOD. WE
HAVE NO RECEPTION. WE CAN ONLY ENTERTAIN AND CELEBRATE TODAY WITH
WORDS. THIS YEAR, UNFORTUNATELY, NO MUSIC, NO DANCE, NO FOOD. BUT WE
HOPE TO DO BETTER AS WE COME OUT OF THE PANDEMIC.
CARIBBEAN AMERICANS, THANKS TO THE LEADERSHIP OF OUR
NEW PRESIDENT, ARE NO LONGER AS WORRIED ABOUT THE PATH FORWARD FOR
AMERICA, BUT WE ALL SHARE SERIOUS CONCERNS ABOUT THE CARIBBEAN REGION
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NYS ASSEMBLY JUNE 1, 2021
WHERE GENERATIONS OF OUR FAMILY REMAIN. THEY HAVE BEEN THRUST INTO A
STRUGGLE AS THEY REBOUND FROM DEVASTATION BROUGHT BY THIS GLOBAL
VIOLENCE. VACCINATIONS IN THE REGIONS ARE POOR, AND GOVERNMENTS IN
THE CARIBBEAN DON'T POSSESS THE RESOURCES TO MAKE THEM MUCH BETTER.
MY BELOVED HOMELAND OF JAMAICA HAS RECEIVED ENOUGH VACCINES TO
VACCINATE LESS THAN 3 PERCENT OF THE POPULATION. THANKFULLY, HAITI
HASN'T DONE SO BADLY, BUT THINGS ARE GETTING WORSE, NOT BETTER AS WE
MOVE FORWARD. OTHER NATIONS HAVE BEEN FORCED TO IMPLEMENT
LOCKDOWNS, DESTROYING THEIR ECONOMY.
SO AS WE BEGIN TO OBSERVE CARIBBEAN AMERICAN
HERITAGE MONTH HERE IN NEW YORK, AND AS TOGETHER WE SUPPORT THIS
RESOLUTION, I AM MAKING A PLEA TO THIS BODY TO JOIN ME IN THE
RESOLUTION I PLAN TO INTRODUCE THAT WOULD APPEAL TO THE PRESIDENT OF THE
UNITED STATES, PRESIDENT BIDEN, AND THE CONGRESS, TO HELP CARIBBEAN
NATIONS IN OUR OWN BACKYARD BY PROVIDING THEM WITH VACCINES NEEDED
TO HELP THEM CURB THE SPREAD OF COVID AS QUICKLY AS POSSIBLE, SAVING
LIVES AND SAVING THE ECONOMY OF THESE NATIONS. IN THE CARIBBEAN, WE
NEED AS MUCH HELP, EVEN MORE THAN WHAT IS BEING OFFERED TO MEXICO OR
CANADA. THIS IS HELP WE CANNOT AFFORD TO PAY FOR WITH OUR LIMITED
BUDGET AND RESOURCES. IF AMERICA IS CELEBRATING WITH US, CARIBBEAN
HERITAGE, CONSUMING THE GREAT CARIBBEAN FOOD, ART AND CULTURE, AND
LOOK FORWARD TO ONCE AGAIN VISITING OUR BEACHES AND RESORTS FOR A
VACATION, THEN THERE'S NO BETTER TIME TO DEMONSTRATE THAT WE CARE, AND
THAT WE WILL HELP THESE BELEAGUERED COUNTRIES THAT ARE BEING DEVASTATED
BY COVID AND THEIR INABILITY TO PAY THEIR WAY TO BUY THE VACCINES THEY
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NYS ASSEMBLY JUNE 1, 2021
NEED.
SO I ASK MY COLLEAGUES, AS YOU SUPPORT THIS
RESOLUTION, PLEASE JOIN THE PEOPLE IN THE CARIBBEAN BASIN, THE THIRD
BORDER OF THE UNITED STATES, TO MAKE SURE THAT WE CAN GET ACCESS TO THE
VACCINE THAT WE NEED THAT WILL HELP BRING US OUT OF THIS PANDEMIC AND
THIS DEADLY VIRUS AND SAVE THE LIVES OF THOSE WHO REMAIN. THANK YOU,
MR. SPEAKER. I ASK ALL OF YOUR SUPPORT FOR THIS RESOLUTION.
SPEAKER HEASTIE: THANK YOU, AND I WANT TO
ACKNOWLEDGE MY COLLEAGUE FOR BRINGING THIS RESOLUTION FORWARD. JUNE
WAS FIRST ADOPTED AS CARIBBEAN HERITAGE MONTH IN 2005 BY THE UNITED
STATES HOUSE OF REPRESENTATIVES TO RECOGNIZE THE MANY
ACCOMPLISHMENTS AND CONTRIBUTIONS OF CARIBBEAN PEOPLE HAVE MADE TO
OUR NATION'S HISTORY AND CULTURE. HERE IN OUR GREAT STATE, THE CARIBBEAN
COMMUNITY IS VAST AND VARIED, FROM NEW YORK CITY TO BUFFALO AND
EVERYWHERE IN BETWEEN, LONG ISLAND, WE'VE ALL WITNESSED THE INFLUENCE
CARIBBEAN CULTURE HAS HAD IN NEW YORK. HERE IN THIS ROOM, ARGUABLY
THE GREATEST LEGISLATIVE BODY IN THE NATION, WE HAVE SEVERAL MEMBERS
OF THE CARIBBEAN AMERICAN HERITAGE, AND THIS MONTH WE CELEBRATE YOU
ALL. AS SOMEONE OF PROUD BAHAMIAN DESCENT WITH A SPRINKLE OF
JAMAICA PUT IN, MY CARIBBEAN HERITAGE HAS PLAYED AN IMPORTANT ROLE IN
MY LIFE AND CAREER, AND HAS MADE ME THE PERSON I AM TODAY. AND I
OFTEN REMEMBER SITTING AROUND WHEN I WAS A LITTLE BOY, HEARING THE
STORIES THAT MY AUNTS AND MY FATHER WOULD TELL ABOUT MY GRANDMOTHER
BEING THE GATEWAY TO A LOT OF OUR RELATIVES COMING FROM NASSAU IN THE
BAHAMAS, THAT THEY WOULD COME AND SLEEP AT MY GRANDMOTHER'S HOUSE
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ON THE FLOOR TO BEGIN THEIR LIVES HERE IN THIS GREAT COUNTRY.
THE CARIBBEAN IMMIGRANTS HAVE CONTRIBUTED TO THE
WELL-BEING OF AMERICAN SOCIETY SINCE ITS FOUNDING, AND I BELIEVE WE
WILL CONTINUE CONTRIBUTING NOT ONLY HERE IN NEW YORK STATE, BUT ACROSS
THE NATION AND THE WORLD. AND I WOULD ALSO SAY IN AGREEING WITH MY
COLLEAGUE NOT ONLY IN VACCINATIONS, BUT ALSO EVERY TIME THERE'S A
DEVASTATING HURRICANE THAT HITS ONE OF THE BEAUTIFUL ISLANDS IN THE
CARIBBEAN, I DO THINK IT IS VERY IMPORTANT FOR THIS COUNTRY TO STEP UP
AND BE A BIG BROTHER TO OUR CARIBBEAN NATIONS AND OUR BROTHERS AND
SISTERS. SO I WANT TO THANK MY COLLEAGUE FOR BRINGING THIS RESOLUTION.
MS. RICHARDSON ON THE RESOLUTION.
MS. RICHARDSON: MR. SPEAKER, I PROUDLY RISE AS
THE REPRESENTATIVE OF THE MIGHTY 43RD ASSEMBLY DISTRICT ALWAYS, BUT AS
THE DAUGHTER OF CARIBBEAN PARENTS. AND I'VE HAD THE PLEASURE OF
GROWING UP IN MY DISTRICT IN CENTRAL BROOKLYN, WHICH IS HOME TO A
MADRID [SIC] OF PEOPLE FROM A VARIETY OF CARIBBEAN COUNTRIES. LOCATED
IN MY DISTRICT AS WELL IS THE WEST INDIAN AMERICAN DAY CARNIVAL
ASSOCIATION WHICH HOSTS THE ANNUAL LABOR DAY PARADE WHICH, OF
COURSE, IS ALSO IN MY DISTRICT, AS WE PORTRAY TO THE WORLD THE BEAUTY OF
THE CULTURE AND THE DIVERSITY OF THE CARIBBEAN. WE HAVE A PHRASE THAT
SAYS, "ONE LOVE," ONE LOVE BECAUSE WE UNDERSTAND THAT ALTHOUGH WE
COME FROM MANY COUNTRIES, WE ARE ALL CONNECTED BY ONE OCEAN AND ALL
OF OUR BLOOD IS RED, AND THAT IN UNITY THERE TRULY IS STRENGTH.
SO AS WE PROCLAIM JUNE TO BE CARIBBEAN HERITAGE
MONTH, LET US HONOR PEOPLE FROM ALL ISLANDS, LET'S CALL THEM OUT: PUERTO
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RICO, CUBA, JAMAICA, HAITI, DOMINICAN REPUBLIC, SAINT THOMAS, SAINT
JOHN, SAINT CROIX, THE BAHAMAS, BERMUDA, BARBADOS, SAINT LUCIA,
SAINT VINCENT AND THE GRENADINES WHERE WE ARE SENDING PRAYERS AS
THEY GO THROUGH RECOVERY WITH THAT VOLCANO. WE BRING UP SAINT
MARTIN, CURAÇAO, BONAIRE, DOMINICA, TRINIDAD AND TOBAGO, ANTIGUA
AND BARBUDA, SAINT KITTS AND NEVIS, TURKS AND CAICOS, ARUBA, WHERE
MY MOTHER IS FROM, GUADELOUPE, MARTINIQUE, THE CAYMAN ISLANDS,
MONTSERRAT, SAINT BARTS, SABA, THE U.S. VIRGIN ISLANDS, AND LET US NOT
FORGET GUYANA, PANAMA, COSTA RICA AND THE GARIFUNAS FROM SAINT
VINCENT WHO NOW LIVE IN HONDURAS, NICARAGUA, AND BELIZE. ALL OF
THOSE COUNTRIES TOGETHER ARE UNITED AS THE CARIBBEAN AND TODAY, WE SAY
ONE LOVE, ONE LOVE, ONE LOVE. THANK YOU.
ACTING SPEAKER AUBRY: MS. BICHOTTE
HERMELYN.
MS. BICHOTTE HERMELYN: THANK YOU, MR.
SPEAKER, FOR ALLOWING ME TO SAY A FEW WORDS ON THIS RESOLUTION. AS
THE DAUGHTER OF HAITIAN IMMIGRANTS, I WANT TO THANK THE SPEAKER FOR --
I WANT TO THANK THE SPONSOR FOR INTRODUCING THIS RESOLUTION IN HAVING
THE MONTH OF JUNE BE RECOGNIZED (INAUDIBLE/TECHNICAL DIFFICULTY) --
AND CARIBBEAN AMERICANS MAKE UP ONE OF THE LARGEST IMMIGRANT GROUP
AND THE LARGEST BLACK IMMIGRANT GROUP IN THE STATE OF NEW YORK. I
REPRESENT ONE OF THE LARGEST IMMIGRANT POPULATIONS IN THE 42ND
ASSEMBLY DISTRICT. I REPRESENT MANY COUNTRIES LIKE TRINIDAD, JAMAICA,
HAITI, GRENADA, SAINT VINCENT, SAINT CROIX, SAINT KITTS, ARUBA,
BARBADOS, BERMUDA, CUBA, WE COULD GO ON AND ON AND ON. AND I
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NYS ASSEMBLY JUNE 1, 2021
WANT TO THE SAY THAT ALTHOUGH WE'RE ONE (INAUDIBLE/TECHNICAL
DIFFICULTY) -- SORRY. ALTHOUGH WE'RE ONE, WE SHOULD ALSO RECOGNIZE THAT
WE SHOULD BE TEACHING EACH OTHER ABOUT OUR CULTURE AND OUR CARIBBEAN
HERITAGE.
IN 2018 IN BROOKLYN, LITTLE HAITI BK WAS ESTABLISHED.
THAT WAS THE FOUNDATION FOR RECOGNIZING OTHER COUNTRIES TO DO THE
SAME. JUST YESTERDAY, LITTLE GUYANA IN QUEENS WAS RECOGNIZED AND WE
ARE EXCITED THAT THE MOVEMENT IS PUSHING FORWARD. YES, WE ARE ALL ONE
CARIBBEAN, BUT WE SHOULD ALSO LOVE WHERE WE COME FROM AND EDUCATE
EACH OTHER ON OUR COUNTRY. I WOULD LIKE TO SAY THAT IN THE HISTORY OF
HAITI, HAITI WAS THE FIRST COUNTRY TO GET THEIR INDEPENDENCE, BUT THEY
DIDN'T DO IT ALONE. WE SHOULD ALL KNOW THAT THIS WAS A COLLABORATIVE
EFFORT THAT CAME FROM JAMAICA. WE ALL KNOW BOUKMAN. IT CAME FROM
GRENADIANS, WE ALL KNOW HENRI CHRISTOPHE. AND SO MANY OTHERS, IN
THE SPIRIT OF MARCUS GARVEY, WE ALL COME TOGETHER TO SHARE, FIGHT FOR
EACH OTHER, AND LOVE FOR EACH OTHER.
SO TODAY I'M JUST REALLY EXCITED THAT ABOUT THIS
RESOLUTION AS IT RECOGNIZES THE MANY, MANY IMMIGRANTS, BLACK
IMMIGRANTS WHO HAVE CONTRIBUTED TO THE STATE OF NEW YORK, TO OUR
COUNTRY. I'M REALLY PROUD THAT THE ASSEMBLY HAS PASSED THE EXCLUDED
WORKERS BILL SO THAT MANY OF THESE BLACK IMMIGRANTS WHO TYPICALLY
DON'T GET RECOGNIZED ARE RECOGNIZED AND WILL TAKE PART OF THE
CONTRIBUTION AND THE ALLOCATION OF THE EXCLUDED WORKERS COMPENSATION.
SO I'M JUST REALLY EXCITED AND I STAND STRONG, AND I WOULD JUST WANT TO
TELL EVERYONE NO MATTER WHERE YOU COME FROM, DON'T LET ANYONE
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DISCOURAGE YOU FROM LOVING WHERE YOU COME FROM. WE ARE TO EDUCATE
AND EMBRACE, THE WAY I EMBRACE HAITI, EMBRACE OTHER COUNTRIES,
EMBRACE THE CARIBBEAN. YOU SHOULD NEVER EVER DISCOURAGE WHERE YOU
COME FROM. NO ONE SHOULD SHUT YOU DOWN AND NO ONE SHOULD BE
DISCRIMINATING AGAINST YOU BECAUSE YOU'RE FROM A COUNTRY. AND AS A
HAITIAN AMERICAN, I CONSTANTLY EXPERIENCE THAT, MY PEOPLE EXPERIENCE
THAT, BUT YOU KNOW WHAT? WE KNOW TOGETHER, WE ARE ONE. SO THANK
YOU, MR. SPEAKER, FOR ALLOWING ME TO SPEAK ON THIS RESOLUTION ON
CARIBBEAN HERITAGE MONTH. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
MS. WILLIAMS ON THE RESOLUTION.
MS. WILLIAMS: THANK YOU, MR. SPEAKER, AS I RISE
TO SPEAK ON THIS RESOLUTION. I WAS BORN IN THE COUNTRY OF TRINIDAD AND
TOBAGO, AS MANY OF YOU KNOW. THE PROUD COUNTRY OF CARNIVAL AND
STEELPAN, AND TODAY I AM PROUD TO LEND MY SIGNATURE TO THIS RESOLUTION
IN REGARDS TO CARIBBEAN HERITAGE MONTH. IT IS IMPORTANT AND VITAL FOR
US TO PRESERVE OUR CARIBBEAN CULTURE AND AGAIN, WE HAVE SO MANY
CARIBBEAN ISLANDS AND, AT THE END OF THE DAY, I BELIEVE IN THIS ONE
SAYING, ONE PEOPLE, ONE VOICE, ONE CARIBBEAN, AND IT'S IMPERATIVE THAT
WE PRESERVE OUR CARIBBEAN CULTURE AND I THANK YOU, MR. SPEAKER, FOR
ALLOWING ME TO SPEAK ON THIS RESOLUTION.
ACTING SPEAKER AUBRY: THANK YOU.
ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 345, MS.
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NYS ASSEMBLY JUNE 1, 2021
RICHARDSON.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM JUNE 2021, AS GUN VIOLENCE
AWARENESS MONTH IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: MS. RICHARDSON ON
THE RESOLUTION.
MS. RICHARDSON: MR. SPEAKER, TODAY I STAND
HERE BEFORE YOU PROCLAIMING JUNE 2021 AS GUN VIOLENCE AWARENESS
MONTH HERE IN THE GREAT STATE OF NEW YORK. I'M RAISING MY VOICE WITH
A SENSE OF URGENCY THAT WE BRING OUR HEARTS AND MINDS TOGETHER TO
BRING REAL RESOURCES TO BARE IN THE FIGHT TO SAVE THE LIVES OF COUNTLESS
MEN, WOMEN, AND CHILDREN, PARTICULARLY IN URBAN COMMUNITIES ACROSS
OUR STATE. NATIONALLY AND HERE LOCALLY, GUN VIOLENCE HAS RISEN TO A
STATE OF A NATIONAL, PUBLIC HEALTH CRISIS. AND IT IS UPON US IN THIS GREAT
LEGISLATURE TO PUT IN MOTION THE NECESSARY STEPS THAT WILL COMBAT THIS
PROBLEM WHILE EMPOWERING COMMUNITY-BASED SOLUTIONS ON THE
GROUND.
MR. SPEAKER, LET US NOT MISS THE GORY INTERSECTIONALITY
THAT GUN VIOLENCE HAS ON OTHER SECTORS, BECAUSE GUN VIOLENCE HAS AN
IMPACT ON HOUSING; GUN VIOLENCE HAS AN IMPACT ON EDUCATION; GUN
VIOLENCE HAS AN IMPACT, OF COURSE, ON PUBLIC SAFETY; GUN VIOLENCE HAS
AN IMPACT ON MENTAL HEALTH AND IN OUR COMMUNITIES THAT ARE
EXPERIENCING TRAUMA, THE CYCLES OF VIOLENCE IS SENDING NEGATIVE
RIPPLES. JUST LAST NIGHT THERE WAS A MASS SHOOTING IN MY DISTRICT, JUST
LAST NIGHT. ONE HAS TO WONDER HOW MANY MORE LIVES HAVE TO BE LOST
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NYS ASSEMBLY JUNE 1, 2021
BEFORE WE STOP PUTTING PROFIT OVER PEOPLE. I URGE, I URGE THIS BODY, AS
THE SUMMER MONTHS ARE APPROACHING, TO MOVE SWIFTLY AND FOR US TO
MOVE COLLECTIVELY FOR LEGISLATIVE SOLUTIONS THAT WILL KEEP OUR FAMILIES
AND KEEP OUR COMMUNITIES SAFE WHILE HOLDING THE GUN INDUSTRY
ACCOUNTABLE.
I STAND HERE DECLARING MY COMMITMENT ALONGSIDE MY
COLLEAGUES TO WORK TOWARDS MEANINGFUL SOLUTIONS AS WE RECOGNIZE
JUNE AS GUN VIOLENCE AWARENESS MONTH. UNFORTUNATELY, IN MANY
COMMUNITIES, WE'RE REMINDED DAILY, BUT I THANK YOU FOR THE
OPPORTUNITY TO SPEAK HERE, MR. SPEAKER. WE HONOR THE LIVES THAT ARE
LOST, WE'RE BRINGING AWARENESS, AND ASKING FOR AID. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
MR. ANDERSON ON THE RESOLUTION.
MR. ANDERSON: THANK YOU, MR. SPEAKER. YOU
KNOW, THIS MONTH WE RECOGNIZE GUN VIOLENCE AWARENESS, BUT FOR EVERY
DAY IF YOU'RE SOMEONE WHO LIVES IN FAR ROCKAWAY, IF YOU'RE SOMEONE
WHO LIVES IN THE 31ST ASSEMBLY DISTRICT, ANY PART OF IT, IF YOU'RE
SOMEONE WHO LIVES IN ANY PART OF NEW YORK CITY AND ACROSS NEW
YORK STATE AND ACROSS THIS NATION, YOU'RE REMINDED EVERY SINGLE DAY
THAT GUN VIOLENCE PLAGUES OUR COMMUNITIES. AND THIS IS OUR MOMENT
AS WE HAVE DECLARED AS A STATE THAT GUN VIOLENCE IS A PUBLIC HEALTH
ISSUE. AND WITH THAT PUBLIC HEALTH ISSUE, THERE NEEDS TO COME
INVESTMENT IN OUR COMMUNITIES SO THAT WE CAN FIGHT GUN VIOLENCE IN A
MORE EFFECTIVE WAY. AND I TRULY BELIEVE THAT THIS IS THE MOMENT WHERE
WE CAN ACTUALLY GET THAT DONE WHILE INVESTING IN OUR COMMUNITIES AND
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NYS ASSEMBLY JUNE 1, 2021
GET AT THE ROOT CAUSE OF WHY GUN VIOLENCE EXISTS.
AND SO I'M THANKFUL FOR THE LEGISLATION THAT WE PASSED
IN THE BUDGET. I'M ALSO THANKFUL FOR THIS MOMENT TO SPEAK, BUT I'M
HOPEFUL THAT THE YOUNG PEOPLE THAT HAVE LOST THEIR LIVES TO BULLETS, TO
GUN VIOLENCE, FOR THE INABILITY FOR THEM TO RESOLVE CONFLICT WITHOUT
USING WEAPONS THAT WE CAN NOW WORK TOWARDS SOLUTIONS BY DECLARING
GUN VIOLENCE A PUBLIC HEALTH CRISIS AND ALLOWING INVESTMENT TO FLOW
INTO OUR COMMUNITIES.
I ALSO WANT TO -- EVERY TIME I SPEAK ABOUT GUN
VIOLENCE, I HAVE TO ACKNOWLEDGE THE PLUMMER BROTHERS WHO WERE SHOT
AND KILLED THREE YEARS APART FROM EACH OTHER ON THE SAME BLOCK IN FAR
ROCKAWAY. THOSE TWO YOUNG MEN HAD THEIR ENTIRE LIVES AHEAD OF THEM
BUT IT WAS CUT SHORT BECAUSE WE DON'T KNOW HOW TO RESOLVE CONFLICT
WITHOUT WEAPONS. AND BY DECLARING GUN VIOLENCE A PUBLIC HEALTH
CRISIS, WE WILL BEGIN TO TURN BACK SOME OF THE DISINVESTMENT THAT HAS
HAPPENED IN OUR COMMUNITIES AND INVEST DIRECTLY INTO NEIGHBORHOODS
WHO NEED IT THE MOST. THANK YOU, MR. SPEAKER. I WITHDRAW MY TIME
AND MY -- THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MS. JACKSON.
MS. JACKSON: THANK YOU, MR. SPEAKER. I WANT TO
THANK THE SPONSOR OF THIS RESOLUTION. GROWING UP IN HARLEM, IT WAS
PRETTY NORMAL TO HEAR GUNSHOTS AND DURING THIS TIME, MEMORIAL DAY 'TIL
THE 4TH OF JULY, WE HAD TO WONDER IF THAT WAS FIRECRACKERS OR GUNSHOTS
AND SOMETIMES WE ACTUALLY KNEW THE DIFFERENCE, RIGHT. AND TO
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NYS ASSEMBLY JUNE 1, 2021
NORMALIZE THAT LETS ME KNOW THAT WE HAVE A PROBLEM. AS YOU ALL
KNOW, I'M HOPING TO BRING A CHILD FORTH, AND ONE OF THE FEARS I HAVE IN
HAVING A BLACK CHILD IN THIS WORLD IS WONDERING IF MY CHILD WILL LIVE TO
SEE ADULTHOOD. I WOULD LOVE FOR MY CHILD TO BE ABLE TO WALK THROUGH
THE SOUTH BRONX WITHOUT BEING GUNNED DOWN, WALK THROUGH HARLEM
WITHOUT BEING GUNNED DOWN. AND THIS IS SOMETHING THAT MOST BLACK
AND LATINO PARENTS HAVE TO WORRY ABOUT. THIS IS A PUBLIC HEALTH CRISIS
AND WE HAVE TO TAKE IT AS SUCH. WE HAVE TO TREAT IT AS SUCH. I
UNDERSTAND THAT NOW A NUMBER OF COMMUNITIES ARE EXPERIENCING GUN
VIOLENCE AND TO THEM IT'S IMPORTANT, BUT THIS IS SOMETHING THAT I HAVE
BEEN EXPERIENCING SINCE I WAS A TEENAGER, WATCHING FRIENDS AND FAMILY
DISAPPEAR, LEGACIES GONE BECAUSE OF A GUN. AND WE DON'T HAVE GUN
MANUFACTURES IN HARLEM OR IN THE BRONX. SO THAT'S PART OF THE PROBLEM
AND SOMETHING THAT WE HAVE TO START ADDRESSING.
THERE ARE WAY TOO MANY NAMES FOR ME TO CALL OUT
FROM MY DISTRICT OF YOUNG PEOPLE THAT HAVE LOST TO GUN VIOLENCE, BUT
ONE NAME IN PARTICULAR STAYS WITH ME FOREVER AND A DAY, AND THAT'S
BRANDON HENDRICKS, AND HIS MOM, EVE HENDRICKS. THIS YOUNG MAN
RECEIVED A SCHOLARSHIP TO GO TO ST. JOHN'S. HE WAS OUT PARTYING,
ENJOYING THE SUMMER, HE JUST GOT HIS DIPLOMA ON FRIDAY, LOST HIS LIFE ON
SUNDAY BY A BULLET THAT WAS NOT MEANT FOR HIM. I REMEMBER MY
BROTHER'S FRIEND, NU-NU, WHO TURNED 21; ON HIS 21ST BIRTHDAY, HE WAS
OUTSIDE OF HIS BUILDING AND WAS SHOT IN THE HEAD, KILLED, AND HIS MOTHER
WATCHED HIS BRAINS BEING SPLATTERED ON THE GROUND IN FRONT OF THE
BUILDING THAT SHE RAISED HIM IN FRONT OF.
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NYS ASSEMBLY JUNE 1, 2021
SO ON THIS DAY I JUST SAY THANK YOU TO OUR CURE
VIOLENCE SITES WHO ARE OUT THERE DOING THE WORK, BUT WE ARE CLEAR THAT
THERE'S SO MUCH MORE WE HAVE TO DO BECAUSE I WANT MY CHILD TO LIVE
AND I WANT EVERYONE ELSE'S CHILDREN TO LIVE. WE MUST, MUST, MUST, START
INVESTING IN OUR SOCIAL SERVICES AND CRISIS -- IN THESE CRISES SO THAT WE
CAN STOP LOSING OUR YOUNG PEOPLE TO GUN VIOLENCE. WE HAVE TO INVEST
IN OUR COMMUNITIES, WE HAVE TO GIVE OUR CHILDREN SOMETHING TO LIVE
FOR. SO I THANK THE SPONSOR OF THIS RESOLUTION AND THANK YOU, MR.
SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
MS. FRONTUS.
MS. FRONTUS: THANK YOU SO MUCH, MR. SPEAKER.
I RISE TODAY TO THANK MY COLLEAGUE FOR INTRODUCING THIS VERY IMPORTANT
RESOLUTION. WHENEVER THERE ARE CONVERSATIONS HAPPENING ABOUT GUN
VIOLENCE, I ALWAYS TAKE A MOMENT TO PAUSE AND REFLECT BECAUSE GUN
VIOLENCE HAS LOOMED OVER MY LIFE SINCE I WAS A LITTLE GIRL. MY MOTHER
AND FATHER MOVED TO CONEY ISLAND, BROOKLYN. I LIVE IN THE MOST
SOUTHERN SECTION OF BROOKLYN RIGHT BY THE BEACH AND BOARDWALK. THEY
MOVED HERE IN '85 TO PURCHASE THEIR FIRST HOME AS A YOUNG IMMIGRANT
COUPLE. I OFTEN TELL THE STORY THAT WHAT I HEARD THROUGH MY WINDOWS
THE VERY FIRST NIGHT WHEN I SLEPT IN MY BEDROOM WAS THE SOUND OF
GUNSHOTS. I WOULD SPEND MY YOUTH, MY ADOLESCENCE, MY YOUNG
ADULTHOOD REALLY JUST GRAPPLING WITH GUN VIOLENCE, WHAT WAS GOING ON
AND WHY WERE PEOPLE SHOOTING. IT JUST REALLY WAS SOMETHING THAT
PLAYED SUCH A LARGE ROLE. EVERY SINGLE DAY, THERE WAS A STORY OF
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NYS ASSEMBLY JUNE 1, 2021
SOMEONE GETTING HURT. SO MANY INSTANCES, CHILDREN AS YOUNG AS TWO,
GOING ALL THE WAY UP TO SENIOR CITIZENS. SOME OF YOU KNOW THAT IN MY
20S, I FOUNDED TWO ANTI-GUN VIOLENCE ORGANIZATIONS IN CONEY ISLAND,
WHICH I REMAIN VERY PROUD OF 'TIL THIS DAY.
I WANT TO SAY THAT THIS ISSUE IS SO SERIOUS. IT'S A
MULTI-PRONGED PROBLEM. I'M REALLY PROUD OF THE BLACK AND LATINO
ASIAN LEGISLATIVE CAUCUS HERE IN THE NEW YORK STATE LEGISLATURE FOR
PUTTING TOGETHER A PACKAGE OF BILLS TO ADDRESS THIS ISSUE LEGISLATIVELY,
BUT I ALSO WANT TO SAY THAT FOR THOSE OF US WHO ARE ON THE GROUND, THOSE
OF US WHO HAVE BULLETS FLYING ON OUR BLOCKS WHERE WE LIVE, IN FRONT OF
OUR HOMES, PEOPLE LIKE ME WHO LOST A NEIGHBOR IN 2000, I LOST MY
NEIGHBOR GARY WONG WHO WAS A 18-YEAR-OLD YOUNG MAN WHO WAS A
STUDENT AT HUNTER COLLEGE. HE WANTED TO BECOME A DOCTOR AND HAD A
FULL RIDE TO COLLEGE, NEVER GOT TO GRADUATE HIGH SCHOOL, NEVER GOT TO
ATTEND COLLEGE BECAUSE HE WAS GUNNED DOWN RIGHT IN FRONT HIS HOME,
AND GARY DIED JUST A COUPLE OF DOORS AWAY FROM ME.
TO ALL OF THOSE PEOPLE WHO HAVE LOST THEIR LIVES IN
CONEY ISLAND, I WANT TO, YOU KNOW, SAY THAT WE CONTINUE TO STAND WITH
THOSE FAMILIES. I WANT TO THANK THE TWO ANTI-GUN VIOLENCE
ORGANIZATIONS ON THE GROUND AS OF TODAY DOING THE WORK. WE HAVE A
CURE VIOLENCE PROVIDER CALLED OPERATION H.O.O.D., HELPING OUR OWN
DEVELOP, WHO'S DOING SOME GOOD WORK, AND WE ALSO HAVE THE CONEY
ISLAND ANTI-VIOLENCE COLLABORATIVE, THE ORGANIZATION I STARTED IN 2013,
WHICH IS UNDER NEW CAPABLE LEADERSHIP AT THIS TIME.
WE ARE NOT GOING TO GIVE UP. WE ARE NOT GOING TO
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NYS ASSEMBLY JUNE 1, 2021
HIDE FROM GUN VIOLENCE. WE HAVE TO PUSH BACK, WE HAVE TO FIGHT BACK.
I'M GOING TO KEEP FIGHTING. I'M MAKING THAT RENEWED COMMITMENT
TODAY, AND I WANT TO ASK EVERYONE TO JOIN ME IN REALLY THINKING OUT OF
THE BOX. WE NEED LEGISLATION, IT'S A PUBLIC HEALTH ISSUE, BUT WE ALSO
NEED MORE FUNDING FOR YOUTH PROGRAMS BECAUSE AT THE END OF THE DAY,
IT ALL STARTS IN THE MIND WHEN YOU DECIDE TO PICK UP THAT GUN. THANK
YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, MS.
FRONTUS.
MR. BARRON.
MR. BARRON: THANK YOU, MR. SPEAKER.
UNFORTUNATELY FOR US, WHEN THE SUN COMES OUT THE GUN COMES OUT. AND
WHILE WE CAN COMMEND THE SPONSOR OF THIS RESOLUTION AND CERTAINLY
COMMEND MAN UP! INC. IN MY COMMUNITY UNDER THE LEADERSHIP OF
ANDRE T. MITCHELL, THE GREAT WORK THEY DO WITH CURE VIOLENCE. BUT
YOU KNOW WHAT'S MORE VIOLENT THAN GUNS? POVERTY. YOU KNOW WHAT'S
MORE VIOLENT THAN GUNS WHEN WE IN THE RICHEST NATION IN THE WORLD, ONE
OF THE RICHEST CITIES AND STATES IN THE COUNTRY, AND IF NOT THE WORLD,
UNEMPLOYMENT IS VIOLENT, MORE VIOLENT THAN A GUN. MORE VIOLENT THAN
A GUN IS POVERTY, MORE VIOLENT THAN A GUN IS HOMELESSNESS. MORE
VIOLENT THAN A GUN IS A SYSTEM THAT CREATES THE POVERTY, THAT CREATES THE
UNEMPLOYMENT. AND THE MEAGER ADDRESSING OF THAT IN A $212 BILLION
BUDGET, WE GIVE TO MY COLLEAGUE AND US $10 MILLION FOR CURE VIOLENCE
OUT OF $212 BILLION, YOU WILL CURE NOTHING.
SO EVERY YEAR WE COME AND BLEED OUR HEARTS TO THIS
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NYS ASSEMBLY JUNE 1, 2021
BODY AND GIVE YOU PERSONAL ANECDOTES ON PEOPLE WHO HAVE DIED, BUT
THIS VIOLENCE HAS A DEMAND AND THIS VIOLENCE HAS A SUPPLIER. SUPPLY
AND DEMAND. WHO'S SUPPLYING THE GUNS? IT'S NOT THESE LOW-LEVEL
DEALERS IN THE STREETS OF OUR NEIGHBORHOODS, IT'S BIG TIME GUN DEALERS
THAT GET AWAY WITH SUPPLYING IT. AND WHY IS THE DEMAND FOR IT AS HIGH
AS IT IS? PEOPLE IN OUR COMMUNITY DON'T GET UP IN THE MORNING AND SAY,
YOU KNOW, I THINK I'LL BUY ME A GUN AND KILL SOMEBODY. I THINK I'LL
COMMIT SOME CRIMES BECAUSE THEY DON'T HAVE ENOUGH PRISONS, OR THE
SENTENCES ARE TOO LENIENT. I THINK I'LL COMMIT SOME CRIMES BECAUSE
THERE'S NOT ENOUGH COPS ON THE STREET. NO. THEY DO IT OUT OF
DESPERATION. AND THEY ARE MENTALLY HURT, MANY OF THEM. SO EVERY
TIME WE RAISE THOSE ISSUES THEY SAID, YEAH, BARRON, BUT THAT'S THE LONG
RANGE, WE HAVE TO DO SOMETHING IMMEDIATE. LET'S DO A GUN BUYBACK,
LET'S DO THIS, LET'S HAVE SOME LEGISLATION ON A, B, C, D. AND THEN WHEN
IT COMES TIME WHEN YOU CAN REALLY DEAL WITH IT DURING THAT BUDGET
TIME, YOU WANT TO DEAL WITH VIOLENCE, DEAL WITH POVERTY AND I'LL
GUARANTEE YOU, WE'LL CUT VIOLENCE DOWN TREMENDOUSLY IN OUR
COMMUNITIES. PUT SOME BLACK HISTORY IN OUR SCHOOLS SO THAT THEY
KNOW WHO THEY ARE, WHERE THEY CAME FROM, AND BE SO PROUD OF WHO
AND WHAT THEY ARE, IT WILL BE CUT BACK TREMENDOUSLY. WE HAVE NOT
DONE THAT TO THE LEVEL THAT IT SHOULD BE DONE WHICH IS WHY EVERY YEAR
WE COME TO TELL YOU OUR STORIES OF GUN VIOLENCE.
THERE'S NOTHING MORE VIOLENT THAN A CAPITALIST SYSTEM
THAT'S BASED ON GREED AND WILL NOT ADDRESS THE NEED OF OUR PEOPLE TO
HAVE JOBS, TO HAVE CULTURAL PROGRAMS. I HAVE A $12 MILLION YOUTH
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NYS ASSEMBLY JUNE 1, 2021
CENTER IN MY DISTRICT DOING SOME GREAT STUFF. ANDRE MITCHELL AND MAN
UP!, THEY RUN IT, DOING GREAT WORK. THAT SHOULD BE IN EVERY
COMMUNITY. EVERY COMMUNITY SHOULD HAVE A $20 MILLION
STATE-OF-THE-ART -- WE CAN DO THAT OUT OF A CAPITAL BUDGET OF $16 BILLION
IN THE STATE AND BILLIONS IN THE CITY. WE CAN'T EVEN GET THEM TO BUILD A
$12- TO $15-, $20 MILLION YOUTH CENTER, STATE-OF-THE-ART IN EVERY
COMMUNITY THAT HAS VIOLENCE. IT DOES NOT EXIST.
I COMPLIMENT MY COLLEAGUE. EVERY YEAR SHE SPEAKS
HER HEART OUT ON THIS QUESTION, AND SOME THINGS HAVE HAPPENED BUT, NO.
THE ADDRESSING TO VIOLENCE IN OUR NEIGHBORHOODS IS PATHETIC. IT'S
UNCONSCIONABLE. UNACCEPTABLE. IN ONE OF THE RICHEST STATES IN THE
WORLD AND IT ANGERS ME THAT WE HAVE TO COME EVERY YEAR AND TELL YOU
HOW MANY PEOPLE DIED IN OUR NEIGHBORHOODS JUST TO HEAR YOU SAY, HEY,
SORRY TO HEAR THAT, WE GOT TO DO SOMETHING ABOUT IT, WE NEED MORE
LEGISLATION. LET'S REMEMBER THIS NEXT BUDGET TIME. EVERY ONE OF US
SHOULD STAND UP AND SAY IF WE DON'T HAVE A MULTI-BILLION DOLLAR
ANTI-POVERTY PROGRAM, WE'RE NOT PASSING ANY BUDGETS. SO I COMMEND
THE SPONSOR OF THIS RESOLUTION. I WILL CONTINUE TO SUPPORT HER AND
SUPPORTING HER SUPPORTING US, ALL OF US IN OUR COMMUNITY, AND I'LL BE
VOTING IN THE AFFIRMATIVE -- OR VOICING IN THE AFFIRMATIVE ON THIS
RESOLUTION.
ACTING SPEAKER AUBRY: MR. EPSTEIN ON THE
RESOLUTION.
MR. EPSTEIN: THANK YOU, MR. SPEAKER. I RISE IN
SUPPORT OF THIS RESOLUTION. YOU KNOW, AS WE ALL THINK ABOUT GUN
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NYS ASSEMBLY JUNE 1, 2021
VIOLENCE AND HOW IT'S PLAGUED OUR CITY, STATE, AND COUNTRY, WE HAVE TO
THINK ABOUT THE ROOTS OF GUN VIOLENCE. AND AS PRIOR SPEAKERS TALKED
ABOUT, POVERTY IS A REAL PROBLEM. WE SEE IT HAPPENING IN MY
COMMUNITY, BUT WHAT WE SEE IS REAL OPPORTUNITIES FOR CHANGE. AND
THOSE OPPORTUNITIES PLAY OUT IN REAL, CONCRETE WAYS. GETTING TO PEOPLE
EARLY, GIVING THEM OPPORTUNITIES, WORKING IN COMMUNITIES MAKES A
DIFFERENCE.
SO WHAT WE NEED TO DO IS MAKE A DIFFERENCE. AND
HOW DO WE DO THAT? BY COLLECTIVE EFFORT, BY PUTTING LASER FOCUS ON THE
ISSUES OF GUN VIOLENCE. AND IT PLAYS OUT IN TWO WAYS. THE GUN
VIOLENCE THAT WE SEE IN COMMUNITIES AND THE GUN VIOLENCE WE SEE
ACROSS OUR CITY, STATE, AND COUNTRY BY PERPETRATORS WHO HAVE ACCESS TO
WEAPONS. SO WHAT WE NEED TO DO WITH OUR LAW ENFORCEMENT IS ENSURE
THAT THERE'S TRAINING, THE APPROPRIATE EDUCATION SO THEY CAN DO THE RIGHT
THING. AND IN COMMUNITIES WHERE WE'VE SEEN A LARGE GROWTH IN GUN
VIOLENCE, WE NEED TO ENSURE OPPORTUNITIES EXIST, AFTER SCHOOL PROGRAMS,
EDUCATION PROGRAMS, TRAINING PROGRAMS TO REALLY DEAL WITH THE SYSTEMIC
INEQUALITY AND SYSTEMIC RACISM THAT EXISTS IN OUR SOCIETY TO MAKE A
CHANGE. I'M PROUD TO STAND HERE IN SUPPORT OF THIS RESOLUTION. THANK
YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MS. SIMON ON THE
RESOLUTION.
MS. SIMON: THANK YOU, MR. SPEAKER. I RISE TO
SUPPORT THIS RESOLUTION TO PROCLAIM JUNE AS GUN VIOLENCE AWARENESS
MONTH. GUNSHOT INJURIES ARE A MAJOR CAUSE OF DEATH FOR CHILDREN AND
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NYS ASSEMBLY JUNE 1, 2021
ADOLESCENTS IN THE UNITED STATES, ACCOUNTING FOR 12 PERCENT OF
PREMATURE DEATHS AND, QUITE FRIGHTENINGLY, FOR EVERY YOUNG PERSON WHO
DIES AS A RESULT OF A GUNSHOT INJURY, FIVE OTHERS ARE SERIOUSLY INJURED BY
A GUNSHOT. A RECENT ANALYSIS SHOWS THAT OF 20 CHILDREN AGED 19 AND
YOUNGER ARE HOSPITALIZED WITH GUN INJURIES EVERY DAY, AND BLACK
CHILDREN ARE FOUR TIMES MORE LIKELY TO BE KILLED OR INJURED THAN THEIR
WHITE PEERS.
GUN VIOLENCE AFFECTS ALL OF OUR LIVES IN MULTITUDE OF
WAYS. GUNS HAVE ALWAYS BEEN PLENTIFUL IN THIS COUNTRY, BUT THE LEVEL
OF GUN VIOLENCE HAS INCREASED ASTRONOMICALLY IN RECENT YEARS. WHAT DO
WE KNOW ABOUT THE TRAUMA OF COMMUNITIES? WHAT DO WE KNOW ABOUT
WHY GUN VIOLENCE OCCURS? WHAT ARE THE PRECIPITATORS, AND WHAT ARE
THE THINGS THAT WILL HELP REDUCE GUN VIOLENCE? WE ALL HAVE MANY
IDEAS, BUT WE DON'T REALLY KNOW WITHOUT THE CORRECT RESEARCH, THE SAME
LEVEL OF RESEARCH INTO EVERY OTHER MAJOR PUBLIC HEALTH CRISIS SUCH AS
TOBACCO, AUTOMOBILE ACCIDENTS. IT IS RESEARCH THAT GIVES US THOSE
ANSWERS. AND SO WHAT WE MUST DO IS INVEST IN OUR COMMUNITIES, IN
EDUCATION, IN MENTAL HEALTH CARE, IN JOBS, IN HOUSING, AND IN GUN
VIOLENCE RESEARCH. THANK YOU.
ACTING SPEAKER AUBRY: MR. REILLY.
MR. REILLY: MR. SPEAKER, I RISE IN SUPPORT OF THIS
RESOLUTION AND I THANK THE SPONSOR. SOME OF THE THINGS THAT WERE SAID
HERE TODAY ACTUALLY RING TRUE. WE NEED MORE COLLABORATION,
COLLABORATION AMONGST THE COMMUNITY AND LAW ENFORCEMENT. I BRING
MYSELF BACK TO DECEMBER 31ST, THE YEAR 2000. IT WAS THE FIRST TIME
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NYS ASSEMBLY JUNE 1, 2021
THAT I WAS WORKING NEW YEAR'S EVE IN THE 67TH PRECINCT IN EAST
FLATBUSH, BROOKLYN. I WORKED IN MIDTOWN BEFORE THAT. I GREW UP IN
BROOKLYN ON 59TH STREET AND 9TH AVENUE. I WAS AMAZED, AND IT WAS A
LITTLE BIT OF CULTURE SHOCK BECAUSE AT THE STROKE OF MIDNIGHT, THE RATTLE
OF GUNFIRE WAS OUTRAGEOUS. IT WAS SHEER TERROR BECAUSE EVERY TIME YOU
TURNED TO THE LEFT OR TO THE RIGHT, YOU HEARD GUNSHOTS AND YOU SAW THE
MUZZLE FLASH. IF I COULD TELL YOU HOW MANY GUNS WERE RECOVERED THAT
NIGHT, YOU'D BE ASTONISHED. THERE WERE NO LESS THAN 25 ILLEGAL FIREARMS
RECOVERED ON THAT NIGHT IN THE 6-7 PRECINCT ALONE.
SO WHEN WE TALK ABOUT THE CURES FOR GUN VIOLENCE, IT
IS ABSOLUTELY A COMMUNITY COLLABORATIVE EFFORT, AND THAT EFFORTS STARTS
WITH HAVING A GREAT RELATIONSHIP BETWEEN OUR COMMUNITY MEMBERS,
LEADERS, AND LAW ENFORCEMENT BECAUSE THAT'S WHERE WE CAN REALLY SET
THE PARTNERSHIP TO TRULY PROTECT OUR COMMUNITIES. THANK YOU, MR.
SPEAKER; THANK YOU, SPONSOR.
ACTING SPEAKER AUBRY: MR. MEEKS.
MR. MEEKS: THANK YOU, MR. SPEAKER. I RISE IN
SUPPORT OF THIS RESOLUTION, IT'S ABSOLUTELY NECESSARY. AND I ALSO RISE IN
SUPPORT OF THE LEGISLATION THAT THE CAUCUS WILL INTRODUCE REGARDING GUN
VIOLENCE IN OUR COMMUNITIES. I'M FROM THE CITY OF ROCHESTER,
REPRESENTING THE 137TH ASSEMBLY DISTRICT, AND IT'S JUST SOMETHING THAT
PLAGUES OUR COMMUNITY. JUST TWO WEEKS AGO, WE HAD A SHOOTING RIGHT
OUTSIDE OF A CLASSROOM AND THE TEACHER MENTIONED THAT ONE OF THE MOST
DISTURBING THINGS TO HER WAS THE FACT THAT IT SEEMS AS IF THE STUDENTS ARE
DESENSITIZED TO GUN VIOLENCE. AND THEN JUST LAST WEEK, WE HAD A
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NYS ASSEMBLY JUNE 1, 2021
SHOOTING IN WHICH BULLETS TORE THROUGH A CHURCH AND WE HAD TWO
VICTIMS. LUCKILY THEY SURVIVED.
SO I STAND IN SUPPORT OF THIS RESOLUTION AND IT'S TIME
THAT WE, AS LEGISLATORS, DO OUR DUE DILIGENCE TO EFFECT NEEDED CHANGE
REGARDING GUN VIOLENCE IN NEW YORK STATE. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MS. BUTTENSCHON.
MS. BUTTENSCHON: THANK YOU, MR. SPEAKER. I
RISE TO COMMEND THE SPONSOR ON THIS RESOLUTION AS IT IS SO IMPORTANT.
THE DISTRICT THAT I REPRESENT TODAY IS DEALING WITH A VERY SIGNIFICANT
ISSUE AS YESTERDAY, A 16-YEAR-OLD, AS SHE RODE HER BICYCLE WAS SHOT.
AND SHE'S IN THE HOSPITAL TODAY. AS WE TALK ABOUT GUN VIOLENCE, IT IS A
STATE ISSUE. IT'S AN ISSUE WE SEE ACROSS THE COUNTRY. WE MUST WORK
TOGETHER. WE MUST IDENTIFY THE ISSUES AND COME TOGETHER IN EVERY
ASPECT TO ENSURE THAT OUR CHILDREN ARE SAFE, AS WELL AS OUR RESIDENTS OF
THE STATE OF NEW YORK. AGAIN, I SUPPORT AND THANK THE SPONSOR.
ACTING SPEAKER AUBRY: THANK YOU.
MS. ZINERMAN.
MS. ZINERMAN: GOOD AFTERNOON, MR. SPEAKER. I
RISE IN SUPPORT OF THIS RESOLUTION AND IN -- AND I'D LIKE TO COMMEND THE
SPONSOR FOR HER LEADERSHIP IN BRINGING THIS TO THE FLOOR. AND I ALSO
WOULD LIKE TO THANK ALL OF THE MEMBERS OF THE BLACK, LATINO AND
ASIAN -- PUERTO RICAN, HISPANIC AND ASIAN CAUCUS FOR THE HARD WORK
THAT THEY HAVE PUT IN THIS YEAR TO PUT TOGETHER A PACKAGE OF LEGISLATION
AND IN SUPPORT OF FUNDING THAT WILL HELP TO CURE VIOLENCE IN OUR
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NYS ASSEMBLY JUNE 1, 2021
COMMUNITY.
WE'VE ALL DEALT WITH A YEAR WORTH OF A -- THE
CORONAVIRUS, BUT BEFORE THE CORONAVIRUS, MANY OF OUR COMMUNITIES
WERE DEALING WITH A VIRUS OF VIOLENCE, WHICH IS THE HISTORY -- A
TROUBLING HISTORY IN THIS COUNTRY. AND WE ALL KNOW WHAT THE SOLUTIONS
ARE. WE NEED TO PASS COMMONSENSE GUN LEGISLATION. WE NEED TO
PROVIDE EDUCATION. WE NEED TO PROVIDE COMPREHENSIVE CONFLICT
RESOLUTION TRAINING SO THAT PEOPLE ARE ABLE TO RESOLVE ISSUES IN THEIR
COMMUNITY AND IN THEIR PERSONAL LIVES WITHOUT PICKING UP A GUN.
WHEN I WAS RUNNING FOR OFFICE LAST YEAR, I HAD TO
ATTEND A FUNERAL IN THE MIDDLE OF A PANDEMIC, AND IT WAS THE FUNERAL OF
A ONE-YEAR-OLD WHO WAS MURDERED ACROSS THE STREET FROM HIS HOUSE IN
THE PRESENCE OF HIS PARENTS. LAST WEEK, UNFORTUNATELY, WE LOST A
40-YEAR-OLD WHO WAS STANDING AT A BUS STOP AND LITERALLY, DURING THE
DAY TIME, SOMEBODY JUST RODE PAST ON A BIKE AND SHOT HIM IN THE HEAD.
SO WE KNOW THAT THERE IS A CULTURE OF VIOLENCE THAT IS HAPPENING IN THIS
COUNTRY AND COMMUNITIES, AND IT IS TIME FOR US ALL TOGETHER -- TO STAND
TOGETHER AND NOT ONLY DEMAND PEACE, BUT PUT TOGETHER ALL OF OUR
RESOURCES SO THAT WE CAN SHIFT THE CULTURE, PROVIDE THOSE RESOURCES SO
THAT PEOPLE KNOW HOW TO DEAL WITH THEIR PAIN AND THE TRAUMA THAT
THEY'VE EXPERIENCED IN THIS COUNTRY SO THAT THEY'RE NOT MURDERING EACH
OTHER.
SO I ASK US ALL TODAY NOT JUST TO WEAR ORANGE, AS SOME
OF US ARE WEARING TODAY, NOT JUST TO TALK ABOUT THE FACT THAT IT'S GUN
VIOLENCE AWARENESS MONTH, BUT FOR EACH OF US TO DO EVERYTHING THAT
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NYS ASSEMBLY JUNE 1, 2021
WE CAN TO RESOLVE CONFLICTS AS WE SEE THEM, TO PROVIDE ALTERNATIVES TO
VIOLENCE, TO BE THE EXAMPLE OF WHAT PEACE AND PROSPERITY LOOKS LIKE IN
THE UNITED STATES OF AMERICA. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
MR. JACOBSON.
MR. JACOBSON: THANK YOU, MR. SPEAKER.
UNFORTUNATELY EVERY MONTH IS GUN AWARENESS MONTH BECAUSE WE ALL ARE
AFFECTED BY IT. IN MY DISTRICT ALONE, THE WEEKEND BEFORE LAST, A
14-YEAR-OLD GIRL WAS SHOT. THE FOLLOWING MONDAY, A 21-YEAR-OLD MAN
WAS SHOT WHO LATER DIED THAT FRIDAY. AND JUST YESTERDAY, ANOTHER
PERSON WAS SHOT IN POUGHKEEPSIE. SO I REPRESENT POUGHKEEPSIE AND
NEWBURGH AND WE'VE BEEN SUFFERING THROUGH GUN VIOLENCE. I WANT TO
SAY -- COMMEND THE SPONSOR NOT JUST FOR THE RESOLUTION, BUT FOR THE
DIFFERENT BILLS THAT WE'RE ALL ON. SO I THINK WE HAVE TO REMEMBER THAT
THESE GUNS ARE NOT MANUFACTURED IN NEWBURGH OR POUGHKEEPSIE, OR
ANY PLACE IN NEW YORK STATE, AND SO WE HAVE TO REALLY COMMIT
OURSELVES TO A MULTI-STATE ANTI-GUN TRAFFICKING TASK FORCE BECAUSE WE
NEED TO GET RID OF THE GUNS, WHERE THEY'RE COMING FROM. THEY'RE
COMING UP ROUTE 95, SO LET'S -- LET'S WORK WITH THE OTHER STATES AND NOT
ALLOW THESE GUNS IN.
AND SO I THINK THAT PERHAPS THE RESOLUTION SHOULD BE
RENAMED AS GUN VIOLENCE AWARENESS THAT WE HAVE TO ACT. AND SO
WITH THAT, I COMMEND THE SPONSOR AND HOPE THAT WE WILL ACT SO THAT WE
JUST DO NOT TALK ABOUT RESOLUTIONS IN THE FUTURE.
ACTING SPEAKER AUBRY: THANK YOU.
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NYS ASSEMBLY JUNE 1, 2021
ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 346, MS.
ROSENTHAL.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM JUNE 2021, AS CYTOMEGALOVIRUS
AWARENESS MONTH IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 347, MS.
SOLAGES.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM JUNE 5, 2021, AS BELMONT STAKES DAY
IN THE STATE OF NEW YORK, AND COMMENDING THE NEW YORK RACING
ASSOCIATION UPON THE OCCASION OF THE 152ND RUNNING OF THE BELMONT
STAKES.
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. 348, MS.
GRIFFIN.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM SEPTEMBER 17-11, 2021, AS SUICIDE
PREVENTION WEEK IN THE STATE OF NEW YORK.
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NYS ASSEMBLY JUNE 1, 2021
ACTING SPEAKER AUBRY: MS. GRIFFIN ON THE
RESOLUTION.
MS. GRIFFIN: THANK YOU, MR. SPEAKER, FOR
PERMITTING ME TO SPEAK ON THIS RESOLUTION. I'M PROUD TO INTRODUCE
SEPTEMBER 5-11, 2021 AS SUICIDE PREVENTION WEEK IN THE STATE OF
NEW YORK. TRAGICALLY, THERE'S NO AREA OF THE STATE THAT HAS NOT BEEN
IMPACTED BY SUICIDE. SADLY IN MY DISTRICT, THERE HAVE BEEN NUMEROUS
YOUNG MEN AND WOMEN WHOSE LIVES HAVE BEEN LOST TO SUICIDE. IN
RECENT YEARS IN THE TOWN I LIVE IN, ROCKVILLE CENTER, MANY OF MY KID'S
FRIENDS HAVE TAKEN THEIR LIVES, AND MY HEART GOES OUT TO THESE FAMILIES.
THE AGE RANGE FROM TEENAGERS TO 30 SEEMS PARTICULARLY VULNERABLE. IN
ADDITION, SUICIDE IS VERY PREVALENT AMONG MANY VETERANS, POLICE
OFFICERS AND MORE. LAST SEPTEMBER, MY COUSIN AND HIS WIFE LOST THEIR
SON TO SUICIDE, WHICH DEVASTATED THE ENTIRE FAMILY.
THIS CRISIS IS ONLY GROWING AND MY DEEPEST
CONDOLENCES TO ALL THE FAMILIES WHO HAVE SUFFERED THIS TRAGIC LOSS OF A
LOVED ONE. WE HAVE MUCH WORK TO DO IN REGARDS TO MENTAL HEALTH AND
HAVING NEW YORK STATE FOCUS ON SUICIDE PREVENTION IS ONE WAY TO
GARNER ATTENTION TO THIS SEVERE CRISIS THAT WE ARE ALL FACING. THANK YOU
TO ALL MY COLLEAGUES FOR SUPPORTING THIS RESOLUTION, AND I JUST HOPE WE
REALLY BEGIN TO REALLY PUT ACTION -- WORDS TO ACTION AND SOLVE THIS MAJOR
ISSUE AND CRISIS. THANK YOU VERY MUCH.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
32
NYS ASSEMBLY JUNE 1, 2021
THE CLERK: ASSEMBLY RESOLUTION NO. 349, MR.
BRABENEC.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM SEPTEMBER 17-23, 2021, AS
CONSTITUTION WEEK IN THE STATE OF NEW YORK, IN CONJUNCTION WITH
NATIONAL CONSTITUTION WEEK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. I REALLY WANT TO HONOR ALL OF THE TOPICS THAT WE'VE DISCUSSED
THIS AFTERNOON AS IT RELATES TO RESOLUTIONS, BUT WE DO HAVE 125 BILLS ON
OUR AGENDA IN FRONT OF US AND MULTIPLE DEBATE BILLS. AND SO IF I COULD,
YOU KNOW, JUST ASK COLLEAGUES TO REMEMBER THAT WHAT WE DO IN TERMS
OF LEGISLATION IS ONE OF THE REASONS THAT WE'RE HERE. THE OTHER REASON
CLEARLY IS TO RAISE THE ISSUES, WHICH PROCLAMATIONS AND RESOLUTIONS DO,
BUT THE WORK BEFORE US NOW IS CRITICALLY IMPORTANT. AND SO AGAIN, MR.
SPEAKER, IF WE CAN GO TO PAGE 3 ON THE A-CALENDAR AND BEGIN WITH
RULES REPORT NO. 54, AND WE'LL GO THROUGH 125 PIECES OF LEGISLATION
AND THEN WE'RE GOING TO GO TO OUR DEBATE LIST, OF WHICH THAT IS
EXTENSIVE, AS WELL. SO I WANT TO THANK COLLEAGUES FOR THEIR PATIENCE. I
WOULD ASK FOLKS TO STAY IN AND AROUND THE CHAMBERS SO THAT WE CAN
KEEP THIS MOVING WITH SOME EXPEDIENCY, AND THANK YOU IN ADVANCE FOR
YOUR COOPERATION.
33
NYS ASSEMBLY JUNE 1, 2021
ACTING SPEAKER AUBRY: CERTAINLY. PAGE 3,
RULES REPORT NO. 154, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00181-A, RULES
REPORT NO. 154, GUNTHER, COLTON, PERRY, ENGLEBRIGHT, STECK, COOK,
ABINANTI, BARRON, JACOBSON. AN ACT TO AMEND THE LABOR LAW AND THE
EDUCATION LAW, IN RELATION TO THE HOURS WORKED BY NURSES.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00354-A, RULES
REPORT NO. 155, MAGNARELLI, SEAWRIGHT, ABINANTI, EPSTEIN, ANDERSON,
ENGLEBRIGHT, SIMON, GALEF, KELLES, BRONSON, CRUZ. AN ACT TO AMEND
THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW, IN RELATION TO SPECIAL
PROCEEDINGS BY TENANTS FOR JUDGMENT DIRECTING REPAIRS OF CONDITIONS
AND OTHER RELIEF IN RESIDENTIAL REAL PROPERTY; AND TO AMEND THE UNIFORM
CITY COURT ACT, THE UNIFORM DISTRICT COURT ACT, AND THE UNIFORM
JUSTICE ACT, IN RELATION TO SUMMARY PROCEEDINGS RELATING THERETO.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00372, RULES REPORT
NO. 156, L. ROSENTHAL, JACOBSON, CARROLL, WEPRIN, RICHARDSON,
GOTTFRIED, GRIFFIN, EPSTEIN, BRAUNSTEIN, STIRPE. AN ACT TO AMEND THE
INSURANCE LAW, IN RELATION TO PROHIBITING CO-PAYMENTS FOR TREATMENT AT
AN OPIOID TREATMENT PROGRAM.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00665, RULES REPORT
NO. 157, PAULIN, GALEF, DINOWITZ, SEAWRIGHT. AN ACT TO AMEND THE
CIVIL RIGHTS LAW, IN RELATION TO CREATING A PRIVATE RIGHT OF ACTION FOR
34
NYS ASSEMBLY JUNE 1, 2021
UNCONSENTED REMOVAL OR TAMPERING WITH A SEXUALLY PROTECTIVE DEVICE.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00770-A, RULES
REPORT NO. 158, L. ROSENTHAL, PERRY, RODRIGUEZ, OTIS. AN ACT TO
AMEND THE CIVIL RIGHTS LAW, IN RELATION TO PRIVACY OF ELECTRONIC FARE
AND TOLL RECORDS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00795, RULES REPORT
NO. 159, WALLACE. AN ACT TO AMEND THE GENERAL MUNICIPAL LAW, IN
RELATION TO FEES CHARGED BY MUNICIPAL INDUSTRIAL DEVELOPMENT AGENCIES.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 795. 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.
FIRST VOTE OF THE DAY, MEMBERS.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A00894-C, RULES
REPORT NO. 160, ZEBROWSKI, WOERNER, GALEF, BRABENEC. AN ACT TO
AMEND THE REAL PROPERTY TAX LAW, IN RELATION TO REQUIRING ASSESSORS
35
NYS ASSEMBLY JUNE 1, 2021
USING THE COMPARABLE SALES METHOD FOR ASSESSMENTS TO CONSIDER CERTAIN
COMPARABLE PROPERTIES IN FORMULATING THE ASSESSMENT.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 89 -- 894-C. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A01442-B, RULES
REPORT NO. 161, CARROLL, ANDERSON, JACKSON, EPSTEIN. AN ACT TO
AMEND THE PUBLIC AUTHORITIES LAW, IN RELATION TO ENACTING THE
METROPOLITAN TRANSPORTATION AUTHORITY OPEN DATA ACT.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 1442-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.)
36
NYS ASSEMBLY JUNE 1, 2021
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A01464, RULES REPORT
NO. 162, DINOWITZ, SEAWRIGHT, STIRPE. AN ACT TO AMEND THE CIVIL
PRACTICE LAW AND RULES, IN RELATION TO ARBITRATION AGREEMENTS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A01677-A, RULES
REPORT NO. 163, GOTTFRIED. AN ACT TO AMEND THE INSURANCE LAW, IN
RELATION TO REQUIRING SPECIFICATION BETWEEN PARTIAL APPROVAL OF MEDICAL
CLAIMS AND A DENIAL OF MEDICAL CLAIMS ON WRITTEN NOTICES TO AN INSURER.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
GOTTFRIED, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A02202, RULES REPORT
NO. 164, BARNWELL. AN ACT TO AMEND THE GENERAL BUSINESS LAW, IN
RELATION TO REQUIRING CONTRACTORS AND SUBCONTRACTORS TO DISCLOSE THE
EXISTENCE OF PROPERTY AND CASUALTY INSURANCE.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 2202. 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.
37
NYS ASSEMBLY JUNE 1, 2021
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A02396-A, RULES
REPORT NO. 165, WOERNER, DESTEFANO, MONTESANO, STIRPE, BARRON. AN
ACT TO AMEND THE PUBLIC SERVICE LAW, IN RELATION TO REQUIREMENTS FOR
CERTAIN CONTRACTS FOR ATTACHMENTS TO UTILITY POLES AND THE USE OF UTILITY
DUCTS, TRENCHES AND CONDUITS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A02528-A, RULES
REPORT NO. 166, CYMBROWITZ, GRIFFIN. AN ACT TO AMEND THE MENTAL
HYGIENE LAW AND THE RACING, PARI-MUTUEL WAGERING AND BREEDING
LAW, IN RELATION TO COMPULSIVE GAMBLING ASSISTANCE.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 60TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 2528-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.)
38
NYS ASSEMBLY JUNE 1, 2021
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A02530, RULES REPORT
NO. 167, BARRON, VANEL, CAHILL, BICHOTTE HERMELYN, HYNDMAN, TAYLOR,
COLTON, DE LA ROSA, WILLIAMS, WEPRIN, JACKSON, DARLING, FORREST,
KELLES, PERRY. AN ACT TO AMEND THE CORRECTION LAW, IN RELATION TO
ESTABLISHING A COMMISSION ON IMPROVING EDUCATION IN STATE PRISONS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 2530. 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. BARRON TO EXPLAIN HIS VOTE.
MR. BARRON: THANK YOU, MR. SPEAKER. TO
EXPLAIN MY VOTE. YOU KNOW, THE 13TH AMENDMENT TRANSFERRED REALLY
-- WE WENT FROM THE PLANTATION TO THE PENITENTIARY AND STARTED TO
POPULATE THE PRISON SYSTEM TREMENDOUSLY, AND A LOT OF US ARE CALLING
FOR ABOLISHING OF THAT TYPE OF SYSTEM. BUT IN THE MEANTIME, I BELIEVE
THAT A STRONG EDUCATION PROGRAM WITHIN INSTEAD OF JUST PUNISHMENT AND
KEEPING PEOPLE IN AND WAREHOUSING OUR PEOPLE AND HAVING THEM COME
OUT WITH NO EDUCATION AND NO BENEFITS OF THE TIME IN THERE ONLY
INCREASES RECIDIVISM. SO THIS BILL WILL SAY THAT WE NEED TO TURN OR
INCREASE THE EDUCATION PROGRAM WITHIN THE PRISON SYSTEM AS WE WORK
TO ABOLISH AS IT EXISTS AND REIMAGINE HOW WE DEAL WITH CRIME. BUT IN
39
NYS ASSEMBLY JUNE 1, 2021
THE MEANTIME, WE WANT TO MAKE SURE WE DON'T HAVE REPEAT OFFENDERS SO
THAT WHEN THEY COME OUT, THAT THEY'LL HAVE SOME TOOLS IN ORDER TO ADJUST
TO THEIR COMMUNITY AND CHANGE THE SYSTEM THAT CAUSED THEM TO BE PUT
IN THERE IN THE FIRST PLACE. I WANT TO THANK ALL OF YOU FOR SUPPORTING THIS
BILL AND I'LL BE CERTAINLY VOTING IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. BARRON IN THE
AFFIRMATIVE.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD MR.
BRABENEC AND MR. WALCZYK IN THE NEGATIVE. 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.
THE CLERK: ASSEMBLY NO. A03202-C, RULES
REPORT NO. 168, MCDONALD, O'DONNELL, STECK, PALMESANO, JENSEN,
GOTTFRIED, MEEKS, FORREST, JACOBSON, ASHBY, FAHY, GRIFFIN. AN ACT TO
AMEND THE EDUCATION LAW, IN RELATION TO ALLOWING PATIENTS TO RECEIVE
CERTAIN TREATMENT BY AN OCCUPATIONAL THERAPIST WITHOUT A REFERRAL FROM
A PHYSICIAN OR NURSE PRACTITIONER; AND TO AMEND THE INSURANCE LAW, IN
RELATION TO ELIMINATING THE NEED FOR REFERRALS FOR CERTAIN TREATMENT.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 120TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
40
NYS ASSEMBLY JUNE 1, 2021
THE VOTE ON ASSEMBLY PRINT 3202-C. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A03227, CALENDAR --
RULES REPORT NO. 169, HUNTER, REYES, CLARK, BRONSON. AN ACT TO
AMEND THE SOCIAL SERVICES LAW, IN RELATION TO CONCILIATION AND
NON-COMPLIANCE WITH PUBLIC ASSISTANCE EMPLOYMENT; AND TO REPEAL
CERTAIN PROVISIONS OF SUCH LAW RELATING THERETO.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A03930, RULES REPORT
NO. 170, ENGLEBRIGHT, OTIS, COLTON. AN ACT TO AMEND THE
ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO INCREASING CERTAIN
PENALTIES RELATING TO ENDANGERED AND SPECIAL SPECIES, SPECIES OF SPECIAL
CONCERN AND ILLEGAL IVORY ARTICLES AND RHINOCEROS HORNS.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
ENGLEBRIGHT, 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 4866. THIS IS A FAST ROLL CALL. ANY MEMBER
41
NYS ASSEMBLY JUNE 1, 2021
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?
(PAUSE)
ARE THERE ANY OTHER VOTES?
MR. GOODELL.
MR. GOODELL: SIR, PLEASE RECORD MS. BYRNES IN
THE NEGATIVE ON THIS.
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU.
ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A03965, RULES REPORT
NO. 172, ABINANTI. AN ACT TO AMEND THE TAX LAW, IN RELATION TO THE
WITHDRAWAL OF TAX LIENS UPON PAYMENT OF TAXES DUE.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A03967, RULES REPORT
NO. 173, PRETLOW. AN ACT TO AMEND THE GENERAL MUNICIPAL LAW, IN
RELATION TO REQUIRING A NEW YORK STATE LEGEND ON ALL BELL JAR TICKETS
SOLD IN NEW YORK STATE.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
42
NYS ASSEMBLY JUNE 1, 2021
THE VOTE ON ASSEMBLY PRINT 3967. 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. RA TO EXPLAIN HIS VOTE.
MR. RA: THANK YOU, MR. SPEAKER, JUST QUICKLY.
THIS WAS SUBJECT TO A VETO A FEW YEARS AGO, AND ONE OF THE CONCERNS
REALLY WAS THAT THIS BILL BEEN AROUND A LONG TIME, CERTAINLY ANY EFFORT TO
MAKE SURE THESE TICKETS, WHICH IF ANYBODY'S FAMILIAR, YOU GO TO LIKE A
LOCAL ORGANIZATION, MAYBE THEY'RE HAVING A FESTIVAL OR WHATEVER AND THE
LITTLE PULL TAB TICKETS THAT YOU CAN WIN MONEY ON. CHARITIES CERTAINLY
RELY ON THEM AND UTILIZE THEM FOR FUNDRAISING AND ESPECIALLY AFTER THE
PAST YEAR I THINK WILL CONTINUE TO DO SO. SO THERE'S ONE GOOD THING IN
THIS VERSION OF THIS BILL IN THAT IT WILL ALLOW TICKETS THAT THOSE
ORGANIZATIONS ALREADY HAVE IN HAND TO CONTINUE TO BE USED DESPITE NOT
HAVING THIS NEW YORK STATE LEGEND ON THEM.
I DO STILL, HOWEVER, HAVE THE FOLLOWING CONCERN: IT'S
2021. WE HAVE SO MANY DIFFERENT MEASURES NOW TO AUTHENTICATE THINGS
WHETHER IT'S BAR CODES, WE'VE ALL GOTTEN USED TO USING THE QR CODES
AGAIN OVER THE LAST YEAR, YOU KNOW, FOR MENUS AT RESTAURANTS TO NOT GIVE
OUT PAPER. SO I'M JUST NOT SURE THAT THE BEST WAY TO DO THIS IS THROUGH A
WRITTEN LEGEND THAT'S GOING TO HAVE BE PRINTED ON THESE TICKETS WHICH,
AGAIN, IS GOING TO MEAN THAT THOSE TICKETS THAT ARE PRINTED BY THESE
MANUFACTURERS HAVE TO BE PRINTED SPECIFICALLY FOR NEW YORK STATE AND
AS SUCH, IT MAY LIMIT THE NUMBER OF MANUFACTURES WHO WILL DO BUSINESS
43
NYS ASSEMBLY JUNE 1, 2021
IN NEW YORK STATE. AND AT THE END OF THE DAY, IT'S ABOUT MAKING SURE
THAT OUR CHARITABLE ORGANIZATIONS HAVE OPTIONS AND OPPORTUNITIES TO --
TO UTILIZE THIS -- THIS, WHICH IS ONE OF THE FUNDRAISING MECHANISMS AT
THEIR -- AT THEIR DISPOSAL.
SO FOR THAT REASON, I'M NOT GOING TO BE SUPPORTING IT. I
THINK THAT WE CAN UTILIZE TECHNOLOGY TO BETTER TRACK AND AUTHENTICATE
THESE TICKETS FOR OUR ORGANIZATIONS. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. RA IN THE
NEGATIVE.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. IN ADDITION TO THE
NEGATIVE VOTES ON THE FLOOR, PLEASE RECORD MR. FITZPATRICK IN THE
NEGATIVE. THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED, THANK YOU.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A04136, RULES REPORT
NO. 174, AUBRY, GALEF. AN ACT TO AMEND THE ELECTION LAW, IN RELATION
TO DIRECTING THAT THE USE OF A CANDIDATE'S ALTERNATE, FAMILIAR OR
ANGLICIZED NAME IS PERMISSIBLE ON ELECTORAL NOMINATING PETITIONS AND
BALLOTS.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
AUBRY, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED AND THE BILL IS LAID ASIDE.
44
NYS ASSEMBLY JUNE 1, 2021
THE CLERK: ASSEMBLY NO. A04257-A, RULES
REPORT NO. 175, EPSTEIN, ZINERMAN. AN ACT TO AMEND THE ELECTION
LAW, IN RELATION TO PROVIDING FOR ONLINE AND IN-PERSON INSTRUCTION AND
EXAMINATION OF ELECTION INSPECTORS, POLL CLERKS, AND ELECTION
COORDINATORS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 4257-A. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MR. EPSTEIN TO EXPLAIN HIS VOTE.
MR. EPSTEIN: THANK YOU, MR. SPEAKER, I RISE TO
EXPLAIN MY VOTE. I WANT TO APPRECIATE THE WORK OF THE SPEAKER TO
ALLOW THIS BILL TO COME TO THE FLOOR. THIS IS A REALLY SIMPLE THING THAT
RIGHT NOW WE HAVE SO MANY PEOPLE WHO NEED TO ENSURE THAT WE HAVE --
OUR ELECTIONS WORK PROPERLY. THIS CREATES AN OPPORTUNITY TO HAVE
ONLINE INSTRUCTIONS FOR THOSE ELECTION INSPECTORS. IT'S A REALLY SIMPLE
CHANGE. WE KNOW OVER THE LAST YEAR WE'VE MOVED A LOT TO ONLINE. IT
JUST -- THIS ALLOWS US TO HAVE CLASSES AND OTHER THINGS AVAILABLE ONLINE
FOR PEOPLE WHO ARE MONITORING OUR CRITICAL ELECTIONS IN NEW YORK
STATE. I ENCOURAGE MY COLLEAGUES TO SUPPORT THIS LEGISLATION. THANK
45
NYS ASSEMBLY JUNE 1, 2021
YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. EPSTEIN IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A04403, RULES REPORT
NO. 176, THIELE, GRIFFIN. AN ACT TO AMEND THE PUBLIC SERVICE LAW AND
THE PUBLIC AUTHORITIES LAW, IN RELATION TO REQUIRING A COMPENSATION
STATEMENT TO BE FILED BY CERTAIN GAS CORPORATIONS, ELECTRIC CORPORATIONS,
WATER-WORKS CORPORATIONS AND SERVICE PROVIDERS.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
THIELE, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED AND THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A04629-B, RULES
REPORT NO. 177, SAYEGH, ENGLEBRIGHT, EPSTEIN, GRIFFIN, MAGNARELLI,
DICKENS, ABINANTI, JACKSON, DESTEFANO. AN ACT TO AMEND THE GENERAL
BUSINESS LAW, IN RELATION TO FEES FOR GIFT CARDS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A04635, RULES REPORT
NO. 178, THIELE. AN ACT TO AMEND THE PUBLIC AUTHORITIES LAW, IN
RELATION TO REQUIRING THE LONG ISLAND POWER AUTHORITY TO PREPARE A
SEMI-ANNUAL EXPENDITURE AND LOBBYING REPORT.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
THIELE, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
46
NYS ASSEMBLY JUNE 1, 2021
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 1311-A. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A04662-A, RULES
REPORT NO. 179, BURDICK, FERNANDEZ, OTIS, CLARK, JACKSON,
RICHARDSON. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO
COMPETENCY EXAMS OFFERED TO QUALIFIED HOME CARE SERVICES WORKERS
RESIDING OUTSIDE THIS STATE.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 60TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 4662-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.
47
NYS ASSEMBLY JUNE 1, 2021
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. 4677-A, RULES REPORT
NO. 180, PAULIN, GALLAGHER, SEAWRIGHT, JACKSON, GALEF. AN ACT TO
AMEND THE PUBLIC OFFICERS LAW, IN RELATION TO PROHIBITING AGENCIES
FROM CHARGING A FEE FOR RECORDS WHERE AN ELECTRONIC COPY IS ALREADY
AVAILABLE FROM A PREVIOUS REQUEST MADE WITHIN THE PAST SIX MONTHS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 4677-A. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A04801-A, RULES
REPORT NO. 181, ABINANTI, SIMON, GOTTFRIED, L. ROSENTHAL, PAULIN,
AUBRY, FAHY, GUNTHER, SAYEGH, MIKULIN, STIRPE, DAVILA, DESTEFANO,
DICKENS, BRABENEC, WEPRIN, LAVINE, ZEBROWSKI, ASHBY, FRONTUS,
SEAWRIGHT, MCDONALD, GRIFFIN. AN ACT TO AMEND THE PUBLIC HEALTH
LAW, IN RELATION TO THE PROVISION OF CERTAIN PROFESSIONAL SERVICES TO
CHILDREN'S CAMPS AND CAMPS FOR CHILDREN WITH DEVELOPMENTAL
48
NYS ASSEMBLY JUNE 1, 2021
DISABILITIES.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
ABINANTI, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JUNE 1, 2021.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 4345-A. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A04938, RULES REPORT
NO. 182, EPSTEIN, GALLAGHER, STECK, JACKSON. AN ACT TO AMEND THE
CIVIL PRACTICE LAW AND RULES, IN RELATION TO LIMITED SCOPE
APPEARANCES.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A04979, RULES REPORT
NO. 183, GRIFFIN, SIMPSON, SILLITTI. AN ACT TO AMEND THE TOWN LAW, IN
RELATION TO THE DATE OF THE PUBLIC HEARING TO DISCUSS THE CONTENTS OF THE
PROPOSED BUDGET OF FIRE, FIRE ALARM, AND FIRE PROTECTION DISTRICTS.
ACTING SPEAKER AUBRY: ON A MOTION BY MRS.
GRIFFIN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
49
NYS ASSEMBLY JUNE 1, 2021
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 1209. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A05029-A, RULES
REPORT NO. 184, PAULIN, ENGLEBRIGHT, THIELE, L. ROSENTHAL, GLICK,
GALEF, EPSTEIN, STECK, PERRY, OTIS. AN ACT TO AMEND THE ENVIRONMENTAL
CONSERVATION LAW, IN RELATION TO PROHIBITING THE USE OF CERTAIN GRADES
OF FUEL OIL.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A05393-A, RULES
REPORT NO. 185, EPSTEIN, CYMBROWITZ, BURDICK, MAGNARELLI. AN ACT TO
AMEND THE PRIVATE HOUSING FINANCE LAW, IN RELATION TO INCLUDING
LANDLORD TRAINING CLASSES IN THE DEFINITIONS OF NEIGHBORHOOD
PRESERVATION ACTIVITIES AND HOUSING PREVENTION AND COMMUNITY
RENEWAL ACTIVITIES.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
EPSTEIN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
50
NYS ASSEMBLY JUNE 1, 2021
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 4485-A. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A05423-A, RULES
REPORT NO. 186, CRUZ, DICKENS, FERNANDEZ, ABBATE, SIMON, DAVILA,
OTIS. AN ACT TO ESTABLISH A PRIVATE STUDENT LOAN REFINANCE TASK FORCE;
AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION
THEREOF.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
CRUZ, 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 2767-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.
51
NYS ASSEMBLY JUNE 1, 2021
THE CLERK: ASSEMBLY NO. A05438, RULES REPORT
NO. 187, ZEBROWSKI, OTIS, RODRIGUEZ. AN ACT TO AMEND THE PUBLIC
SERVICE LAW, IN RELATION TO RESPONSIBILITY FOR CABLE BILLS AFTER A
DISCONNECTION OR DOWNGRADE IN SERVICE.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 5438. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A05458, RULES REPORT
NO. 188, SOLAGES, GRIFFIN, SILLITTI, TAYLOR, EPSTEIN, DICKENS,
GONZÁLEZ-ROJAS, KELLES, ZINERMAN, JACKSON. AN ACT TO AMEND THE
GENERAL MUNICIPAL LAW AND THE PUBLIC BUILDINGS LAW, IN RELATION TO
PROHIBITING MUNICIPAL OFFICERS OR EMPLOYEES FROM DISPLAYING POLITICAL
ADVERTISEMENTS ON OR WITHIN PUBLIC BUILDINGS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A05531, RULES REPORT
NO. 189, BICHOTTE HERMELYN. AN ACT TO AMEND THE ELECTION LAW, IN
RELATION TO VOTING BY PROXY AT A JUDICIAL DISTRICT CONVENTION DUE TO
NOVEL CORONAVIRUS, COVID-19; AND PROVIDING FOR THE REPEAL OF SUCH
52
NYS ASSEMBLY JUNE 1, 2021
PROVISIONS UPON EXPIRATION THEREOF.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A05618, RULES REPORT
NO. 190, HYNDMAN. AN ACT TO AMEND THE GENERAL OBLIGATIONS LAW, IN
RELATION TO THE PROVISIONS OF CONSUMER AND EMPLOYMENT CONTRACTS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A05707, RULES REPORT
NO. 191, JOYNER, BURDICK, SIMON, D. ROSENTHAL, ZINERMAN, REYES, DE
LA ROSA. AN ACT TO AMEND THE CRIMINAL PROCEDURE LAW, THE
CORRECTION LAW, AND THE EXECUTIVE LAW, IN RELATION TO BONA FIDE WORK
NOT BEING CONSIDERED A PAROLE VIOLATION.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 5707. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, SIR. WHEN A PERSON IS
RELEASED EARLY FROM PRISON ON PAROLE, THEIR RELEASE TYPICALLY HAS A
NUMBER OF TERMS AND CONDITIONS. AND ONE OF THE MOST COMMON TERM
AND CONDITION IS CURFEW. THERE'S A NUMBER OF REASONS FOR THAT CURFEW,
BOTH TO KEEP THE PAROLEE FROM ASSOCIATING WITH ACTIVITY THAT MIGHT
OCCUR LATE AT NIGHT OR EARLY IN THE MORNING. ANOTHER OBJECTIVE OF THE
53
NYS ASSEMBLY JUNE 1, 2021
CURFEW MAY BE TO ENSURE THAT THE PAROLEE IS MORE READILY AVAILABLE TO
THE PAROLE OFFICER SO THAT THEY CAN MEET AND COMMUNICATE AND --
ACTING SPEAKER AUBRY: ONE MINUTE, MR.
GOODELL. MEMBERS, WE'RE -- WE'RE NOT HERE FOR YOUR MUTUAL
CONVERSATIONS. WE'D LIKE YOU TO BE A LITTLE QUIET SO WE CAN HEAR PEOPLE
EXPLAIN THEIR VOTES.
GO AHEAD, PLEASE.
MR. GOODELL: AND SO AS I MENTIONED, ANOTHER
REASON IS TO MAKE IT EASY AND REASONABLY CONVENIENT FOR A PAROLE
OFFICER WHO MAY HAVE A LARGE CASELOAD TO BE ABLE TO MEET WITH
PAROLEES TO REVIEW THEIR PROGRESS AND PROVIDE GUIDANCE AND ASSISTANCE
AS NECESSARY. THIS BILL SAYS THAT A PAROLEE HAS THE FREEDOM TO TAKE ANY
JOB ANY TIME ANYWHERE, EVEN THOUGH THAT JOB WOULD BE OUTSIDE THE
SCOPE OF THAT CURFEW. AND SO RATHER THAN GET PERMISSION FROM THE
PAROLE OFFICER OR AN ADJUSTMENT OF THE TERMS AND CONDITIONS, THIS PUTS
THE PAROLEE IN CHARGE IN DECIDING WHEN THEY WANT TO WORK. AND SO IF
YOU HAVE A NORMAL CURFEW THAT SAYS, FOR EXAMPLE, MIDNIGHTS, A PAROLEE
CAN LINE UP A SECOND OR THIRD SHIFT JOB AND BE OUT ALL NIGHT, AND DO SO
WITHOUT WORRYING ABOUT ANY PAROL VIOLATIONS AND WITHOUT EVEN GETTING
THE CONSENT OF HIS PAROLE OFFICER.
I THINK THAT'S TOO MUCH FLEXIBILITY AT A TIME WHEN WE'RE
SEEING DRAMATIC INCREASES IN CRIME, AND WHILE WE RECOGNIZE THAT
DURING A TRANSITION PERIOD A PAROLEE SHOULD OPERATE WITHIN TERMS AND
CONDITIONS THAT HELP THE PAROLEE AVOID GETTING INTO TROUBLE AND ASSIST
THE PAROLE SYSTEM WORKING SMOOTHLY. THAT'S WHY I'M VOTING NO.
54
NYS ASSEMBLY JUNE 1, 2021
THANK YOU, SIR.
ACTING SPEAKER AUBRY: MR. GOODELL IN THE
NEGATIVE.
MR. TAGUE TO EXPLAIN HIS VOTE.
MR. TAGUE: THANK YOU, MR. SPEAKER. TO EXPLAIN
MY VOTE. FOR THE SAME REASONS THAT MY ESTEEMED COLLEAGUE
MENTIONED, I WILL ALSO BE VOTING IN THE NEGATIVE ON THIS BILL. THANK
YOU, SIR.
ACTING SPEAKER AUBRY: MR. TAGUE IN THE
NEGATIVE.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD THE
FOLLOWING COLLEAGUES OF OURS IN THE NEGATIVE: MR. BYRNE, MR. DIPIETRO,
MR. FITZPATRICK, AND MR. SALKA. THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED.
MR. GOODELL: ALSO MR. FRIEND.
ACTING SPEAKER AUBRY: SO NOTED.
MR. GOODELL: THANK YOU.
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A05773, RULES REPORT
NO. 192, GLICK, SIMON, DE LA ROSA, ENGLEBRIGHT, ROZIC, CRUZ,
WILLIAMS, EPSTEIN, REYES, GOTTFRIED, JOYNER, RAMOS, FALL, FERNANDEZ,
55
NYS ASSEMBLY JUNE 1, 2021
WEPRIN, GRIFFIN, MEEKS. AN ACT TO AMEND THE EXECUTIVE LAW, IN
RELATION TO EQUAL PAY DISCLOSURE WITH RESPECT TO STATE CONTRACTS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A05854-A, RULES
REPORT NO. 193, JOYNER, COOK, AUBRY, LAVINE, RODRIGUEZ, SIMON,
STECK, GALEF. AN ACT TO AMEND THE INSURANCE LAW, IN RELATION TO THE
PURCHASE OF PRESCRIPTION DRUGS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A05915-A, RULES
REPORT NO. 194, ZINERMAN, PICHARDO, ABINANTI, LAVINE, DURSO, SILLITTI,
TAYLOR, NOLAN, DICKENS, JACKSON, GOTTFRIED, GALEF, FERNANDEZ. AN ACT
TO AMEND THE BANKING LAW, IN RELATION TO REQUIRING BANKS TO PROVIDE
WRITTEN NOTIFICATION THAT ACCEPTING AN ALTERNATIVE LOAN PAYMENT
SCHEDULE MAY HAVE A NEGATIVE IMPACT ON CREDIT SCORES.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
ZINERMAN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED AND THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A05923-A, RULES
REPORT NO. 195, ZINERMAN, SILLITTI, NOLAN, DICKENS, TAYLOR, JACKSON,
GOTTFRIED. AN ACT TO AMEND THE REAL PROPERTY ACTIONS AND
PROCEEDINGS LAW, IN RELATION TO REQUIRING A PLAINTIFF IN A MORTGAGE
FORECLOSURE ACTION TO MAINTAIN THE SUBJECT PROPERTY.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
ZINERMAN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED AND THE BILL IS LAID ASIDE.
56
NYS ASSEMBLY JUNE 1, 2021
THE CLERK: ASSEMBLY NO. A06031-A, RULES
REPORT NO. 196, TAYLOR, DARLING. AN ACT TO AMEND THE ARTS AND
CULTURAL AFFAIRS LAW, IN RELATION TO THE AMISTAD COMMISSION.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A06098-A, RULES
REPORT NO. 197, GALEF, GOTTFRIED, GUNTHER, HYNDMAN, EPSTEIN, SIMON,
GLICK, ABINANTI, DICKENS, FALL, DARLING, RODRIGUEZ, CRUZ, RICHARDSON,
STECK, NIOU, FERNANDEZ, JACOBSON. AN ACT TO AMEND THE WORKERS'
COMPENSATION LAW, IN RELATION TO PAID FAMILY LEAVE AND SIBLINGS.
ACTING SPEAKER AUBRY: ON A MOTION BY MRS.
GALEF, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A06126, RULES REPORT
NO. 198, SIMON, FAHY, STERN, SILLITTI, BARRON, RICHARDSON, GALEF, CRUZ,
DAVILA, GRIFFIN. AN ACT TO AMEND THE CIVIL PRACTICE LAW AND RULES
AND THE CRIMINAL PROCEDURE LAW, IN RELATION TO NOTIFYING CERTAIN
INDIVIDUALS OF THEIR ABILITY TO APPLY FOR AN EXTREME RISK PROTECTION
ORDER.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A06166-A, RULES
REPORT NO. 199, L. ROSENTHAL, GALEF, BARRON. AN ACT TO AMEND THE
PUBLIC HEALTH LAW, IN RELATION TO REPORTING OF ALCOHOL OVERDOSE DATA;
AND TO AMEND CHAPTER 66 OF THE LAWS OF 2016, AMENDING THE PUBLIC
HEALTH LAW, RELATING TO REPORTING OF OPIOID OVERDOSE DATA, IN RELATION
TO MAKING SUCH PROVISIONS PERMANENT.
57
NYS ASSEMBLY JUNE 1, 2021
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 6166. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06170, RULES REPORT
NO. 200, HYNDMAN. AN ACT TO DIRECT THE CITY OF NEW YORK TO CONDUCT
AN ANALYSIS OF STORMWATER AND GROUNDWATER ISSUES IN SOUTHEAST
QUEENS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 6170. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06248, RULES REPORT
58
NYS ASSEMBLY JUNE 1, 2021
NO. 201, HUNTER. AN ACT TO AMEND THE ENVIRONMENTAL CONSERVATION
LAW, IN RELATION TO HUNTING OR SALE OF FISH AND WILDLIFE PURSUANT TO
INDIAN TREATY RIGHTS.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
HUNTER, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 5266. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06249-A, RULES
REPORT NO. 202, BUTTENSCHON, OTIS. AN ACT TO AMEND THE EDUCATION
LAW, IN RELATION TO IN-STATE TUITION CONTINUITY FOR CERTAIN SPOUSES AND
DEPENDENTS OF ACTIVE DUTY SERVICE MEMBERS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 6249-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
59
NYS ASSEMBLY JUNE 1, 2021
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MS. BUTTENSCHON TO EXPLAIN HER VOTE.
MS. BUTTENSCHON: THANK YOU, MR. SPEAKER. I
RISE TO EXPLAIN MY VOTE. THIS LEGISLATION CLASSIFIES SPOUSES OR
DEPENDENTS OF ACTIVE DUTY SERVICE MEMBERS STATIONED OUT-OF-STATE
FOLLOWING AN ASSIGNMENT, AND THE STATE OF NEW YORK AS IN-STATE
RESIDENTS FOR TUITION MATTERS AT SUNY SCHOOLS. IT IS IMPERATIVE AS WE
SPENT OUR WEEKEND MEMORIALIZING OUR VETERANS THAT WE ENSURE THAT
THEY COMPLETE THEIR EDUCATION IN OUR STATE SUNY SYSTEMS IN A MANNER
THAT IS FAIR AND EQUITABLE TO THEM. I SUPPORT THIS LEGISLATION AND I
WOULD REQUEST THAT MY COLLEAGUES DO THE SAME. THANK YOU, MR.
SPEAKER.
ACTING SPEAKER AUBRY: MS. BUTTENSCHON IN
THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06254, RULES REPORT
NO. 203, WEINSTEIN. AN ACT TO AMEND THE GENERAL BUSINESS LAW, IN
RELATION TO ALLOWING A PRIVATE RIGHT OF ACTION FOR IMPROPER DEBT
COLLECTION.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A06265, RULES REPORT
NO. 204, FRONTUS. AN ACT TO AMEND THE PUBLIC AUTHORITIES LAW, IN
60
NYS ASSEMBLY JUNE 1, 2021
RELATION TO MANDATING THE NYC TRANSIT AUTHORITY TO CREATE ANNUAL
REPORTS CONCERNING ACTIONS TO REDUCE NOISE.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 6265. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MS. WALSH TO EXPLAIN HER VOTE.
MS. WALSH: THANK YOU, MR. SPEAKER. WHILE I WILL
BE SUPPORTING THIS PIECE OF LEGISLATION, I WOULD NOTE THAT THE NEW YORK
CITY TRANSIT HAS NOT COMPLIED WITH THE EXISTING LAW FOR 20 YEARS AND I
WOULD ALSO SAY THAT IT'S NOT CLARIFICATION THAT'S NEEDED HERE, IT'S
COMPLIANCE. AND I WOULD SUGGEST THAT IF REPORTS ARE NOT TIMELY
RECEIVED NOW, THAT PERHAPS WE SHOULD BE TYING FUNDING AUTHORIZATION
TO COMPLIANCE IN THE FUTURE. THANKS.
ACTING SPEAKER AUBRY: MS. WALSH IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06296, RULES REPORT
NO. 205, GRIFFIN, DARLING, SILLITTI. AN ACT TO AMEND THE TOWN LAW, IN
RELATION TO COMPENSATION OF CHAIRMAN, ELECTION INSPECTORS AND BALLOT
61
NYS ASSEMBLY JUNE 1, 2021
CLERKS FOR FIRE DISTRICT ELECTIONS.
ACTING SPEAKER AUBRY: ON A MOTION BY MRS.
GRIFFIN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 4064. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06333, RULES REPORT
NO. 206, ENGLEBRIGHT, GRIFFIN, COLTON, OTIS. AN ACT TO DIRECT THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO STUDY ALTERNATIVE
MUNICIPAL USES FOR RECYCLED GLASS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 6333. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
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NYS ASSEMBLY JUNE 1, 2021
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06360-B, RULES
REPORT NO. 207, GRIFFIN, DARLING. AN ACT RELATING TO LEGALIZING,
VALIDATING, RATIFYING AND CONFIRMING TRANSPORTATION CONTRACTS FOR THE
WEST HEMPSTEAD UNION FREE SCHOOL DISTRICT.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 6360-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.)
ACTING SPEAKER J.D. RIVERA: ARE THERE ANY
OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06449-B, RULES
REPORT NO. 208, BUTTENSCHON. AN ACT TO AMEND THE PUBLIC AUTHORITIES
LAW, IN RELATION TO AUTHORIZING THE DORMITORY AUTHORITY TO PROVIDE
FINANCING TO THE MASONIC MEDICAL RESEARCH LABORATORY.
ACTING SPEAKER J.D. RIVERA: ON A MOTION BY
MS. BUTTENSCHON, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL
IS ADVANCED. READ THE LAST SECTION.
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NYS ASSEMBLY JUNE 1, 2021
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER J.D. RIVERA: THE CLERK WILL
RECORD THE VOTE ON ASSEMBLY BILL 6449-B. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06458, RULES REPORT
NO. 209, GALEF, L. ROSENTHAL, ENGLEBRIGHT, WEPRIN, SEAWRIGHT, COLTON,
OTIS. AN ACT TO AMEND THE GENERAL BUSINESS LAW, IN RELATION TO
AVAILABILITY FOR SALE OF ADVERTISED MERCHANDISE.
ACTING SPEAKER J.D. RIVERA: THE BILL IS LAID
ASIDE.
THE CLERK: ASSEMBLY NO. A06476-A, RULES
REPORT NO. 210, HYNDMAN, TAYLOR, MCDONALD, THIELE, DICKENS,
JONES, PAULIN, STIRPE, WALLACE, LAWLER, BRAUNSTEIN, DAVILA, PICHARDO,
SIMON, SILLITTI, SCHMITT, BUTTENSCHON, ENGLEBRIGHT, MIKULIN, GALEF.
AN ACT TO AMEND THE EDUCATION LAW, IN RELATION TO AUTHORIZING THE
ADMINISTRATION OF VACCINES FOR HEPATITIS A, HEPATITIS B, HUMAN
PAPILLOMAVIRUS, MEASLES, MUMPS, RUBELLA, VARICELLA AND COVID-19
BY A LICENSED PHARMACIST AND REQUIRING PHARMACISTS WHO ADMINISTER
IMMUNIZATIONS TO REPORT THE IMMUNIZATIONS TO THE DEPARTMENT OF
64
NYS ASSEMBLY JUNE 1, 2021
HEALTH; AND TO AMEND CHAPTER 563 OF THE LAWS OF 2008, AMENDING THE
EDUCATION LAW AND THE PUBLIC HEALTH LAW RELATING TO IMMUNIZING
AGENTS TO BE ADMINISTERED TO ADULTS BY PHARMACISTS, CHAPTER 116 OF THE
LAWS OF 2012, AMENDING THE EDUCATION LAW RELATING TO AUTHORIZING A
LICENSED PHARMACIST AND CERTIFIED NURSE PRACTITIONER TO ADMINISTER
CERTAIN IMMUNIZING AGENTS, CHAPTER 274 OF THE LAWS OF 2013,
AMENDING THE EDUCATION LAW RELATING TO AUTHORIZING A LICENSED
PHARMACIST AND CERTIFIED NURSE PRACTITIONER TO ADMINISTER
MENINGOCOCCAL DISEASE IMMUNIZING AGENTS, AND CHAPTER 110 OF THE
LAWS OF 2020, AMENDING THE EDUCATION LAW RELATING TO AUTHORIZING
LICENSED PHARMACISTS TO ADMINISTER AN APPROVED VACCINE FOR
COVID-19, IN RELATION TO MAKING SUCH PROVISIONS PERMANENT.
ACTING SPEAKER J.D. RIVERA: ON A MOTION BY
MS. HYNDMAN, 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 J.D. RIVERA: THE CLERK WILL
RECORD THE VOTE ON ASSEMBLY BILL 6476. 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.
65
NYS ASSEMBLY JUNE 1, 2021
THE CLERK: ASSEMBLY NO. A06489-A, RULES
REPORT NO. 211, STIRPE. AN ACT TO AMEND THE REAL PROPERTY TAX LAW,
IN RELATION TO PROVIDING FOR A CHARGE-BACK OF REFUNDS OF TAXES LEVIED BY
A SCHOOL DISTRICT TO MUNICIPAL PUBLIC LIBRARIES AND SPECIAL DISTRICT
PUBLIC LIBRARIES.
ACTING SPEAKER J.D. RIVERA: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST.
ACTING SPEAKER J.D. RIVERA: THE CLERK WILL
RECORD THE VOTE ON ASSEMBLY BILL 6489-A. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06496, RULES REPORT
NO. 212, GUNTHER. AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW, IN
RELATION TO THE SOLICITATION OF DONATIONS ON STATE HIGHWAYS.
ACTING SPEAKER J.D. RIVERA: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER J.D. RIVERA: THE CLERK WILL
RECORD THE VOTE ON ASSEMBLY BILL A-6496. THIS IS A FAST ROLL CALL. ANY
66
NYS ASSEMBLY JUNE 1, 2021
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06501, RULES REPORT
NO. 213, SOLAGES. AN ACT TO AMEND THE CIVIL PRACTICE LAW AND RULES,
IN RELATION TO CERTIFICATION OF CLASS ACTIONS IN CASES INVOLVING
GOVERNMENTAL OPERATIONS.
ACTING SPEAKER J.D. RIVERA: THE BILL IS LAID
ASIDE.
THE CLERK: ASSEMBLY NO. A06508-A, RULES
REPORT NO. 214, STIRPE, BUTTENSCHON. AN ACT TO AMEND THE BUSINESS
CORPORATION LAW AND THE LIMITED LIABILITY COMPANY LAW, IN RELATION
TO DIRECTING THE DEPARTMENT OF STATE TO PROVIDE INFORMATION TO CERTAIN
NEW BUSINESSES.
ACTING SPEAKER J.D. RIVERA: ON A MOTION BY
MR. STIRPE, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 60TH
DAY.
ACTING SPEAKER J.D. RIVERA: THE CLERK WILL
RECORD THE VOTE ON ASSEMBLY BILL 6508-A. THIS IS A FAST ROLL CALL. ANY
67
NYS ASSEMBLY JUNE 1, 2021
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06527-A, RULES
REPORT NO. 215, KELLES, DINOWITZ, CRUZ, SEPTIMO, LAVINE, SEAWRIGHT,
GONZÁLEZ-ROJAS, MITAYNES, SILLITTI, JACKSON, OTIS. AN ACT TO AMEND THE
EDUCATION LAW, IN RELATION TO PROHIBITING SCHOOLS OR SCHOOL DISTRICTS
FROM FILING A LAWSUIT AGAINST A STUDENT'S PARENT OR GUARDIAN FOR UNPAID
MEAL FEES.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A06564-A, RULES
REPORT NO. 216, GUNTHER. AN ACT TO AMEND THE GENERAL CONSTRUCTION
LAW, THE BANKING LAW, THE CORRECTION LAW, THE CIVIL PRACTICE LAW
AND RULES, THE DEBTOR AND CREDITOR LAW, THE DOMESTIC RELATIONS LAW,
THE MENTAL HYGIENE LAW, THE REAL PROPERTY ACTIONS AND PROCEEDINGS
LAW, THE NEW YORK CITY CIVIL COURT ACT, THE UNIFORM CITY COURT ACT,
THE UNIFORM DISTRICT COURT ACT, AND THE UNIFORM JUSTICE COURT ACT, IN
RELATION TO REPLACING CERTAIN INSTANCES OF THE WORD "MENTALLY ILL
PERSON" WITH "PERSON WITH A MENTAL ILLNESS" OR "PERSON WITH A MENTAL
DISABILITY" OR A VARIATION THEREOF; AND TO REPEAL CERTAIN PROVISIONS OF
68
NYS ASSEMBLY JUNE 1, 2021
THE GENERAL CONSTRUCTION LAW RELATING THERETO.
ACTING SPEAKER AUBRY: ON A MOTION BY MRS.
GUNTHER, 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 40 -- 4777-B. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06700, RULES REPORT
NO. 217, JOYNER. AN ACT TO AMEND THE FAMILY COURT ACT AND THE
SOCIAL SERVICES LAW, IN RELATION TO ESTABLISHING PROCEDURES REGARDING
ORDERS OF POST-TERMINATION VISITATION AND/OR CONTACT BETWEEN A CHILD
AND SUCH CHILD'S PARENT.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A06706, RULES REPORT
NO. 218, PAULIN, OTIS, GALEF. AN ACT TO AMEND THE PUBLIC SERVICE LAW,
IN RELATION TO TRANSFERS OF CABLE SYSTEMS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A06775, RULES REPORT
69
NYS ASSEMBLY JUNE 1, 2021
NO. 219, PICHARDO, DICKENS, DE LA ROSA, SIMON, REYES, DESTEFANO,
DURSO, GLICK, GOTTFRIED, BARRON, NIOU, JACOBSON, PERRY. AN ACT TO
AMEND THE WORKERS' COMPENSATION LAW, IN RELATION TO DISCRIMINATION
AND RETALIATION AGAINST EMPLOYEES.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A06841, RULES REPORT
NO. 220, OTIS, MCDONALD. AN ACT TO AMEND CHAPTER 602 OF THE LAWS
OF 1993 AMENDING THE REAL PROPERTY TAX LAW RELATING TO THE
ENFORCEMENT OF THE COLLECTION OF DELINQUENT REAL PROPERTY TAXES AND TO
THE COLLECTION OF TAXES BY BANKS, IN RELATION TO THE ENFORCEMENT OF THE
COLLECTION OF TAXES IN CERTAIN VILLAGES.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 6841. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06906, RULES REPORT
NO. 221, OTIS, ABINANTI, SEAWRIGHT, SIMON, STIRPE. AN ACT TO AMEND
THE REAL PROPERTY LAW, IN RELATION TO REQUIRING LANDLORDS TO MITIGATE
DAMAGES WHEN COMMERCIAL TENANTS VACATE PREMISES IN VIOLATION OF THE
70
NYS ASSEMBLY JUNE 1, 2021
TERMS OF THE LEASE.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A07045, RULES REPORT
NO. 222, BUTTENSCHON, CLARK, MCDONALD, GALEF, STIRPE, WOERNER,
LUNSFORD, MANKTELOW, NORRIS. AN ACT TO AMEND THE CANAL LAW, IN
RELATION TO MAKING MANDATORY QUARTERLY MEETINGS OF THE CANAL
RECREATIONWAY COMMISSION NOT SUBJECT TO THE CALL OF THE CHAIRPERSON.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
BUTTENSCHON, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 5959. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, SIR. I NOTE THAT THE
CANAL RECREATION [SIC] COMMISSION LAST MET IN 2017. THIS BILL CALLS
ON THEM TO MAKE QUARTERLY; I ASSUME THEY MEAN LIKE FOUR TIMES A YEAR
NOT FOUR TIMES A CENTURY. I WILL BE SUPPORTING IT, BUT MAYBE WE OUGHT
TO START PUTTING SOME TEETH IN THESE THINGS TO MAKE IT CLEAR THAT WHEN
WE SAY QUARTERLY, WE REALLY MEAN LIKE FOUR TIMES A YEAR. THANK YOU,
SIR.
ACTING SPEAKER AUBRY: MR. GOODELL IN THE
71
NYS ASSEMBLY JUNE 1, 2021
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07176-A, RULES
REPORT NO. 223, JEAN-PIERRE, HEVESI. AN ACT TO AMEND THE SOCIAL
SERVICES LAW, IN RELATION TO EXCLUDING CERTAIN KINDERGARTEN AND
PRE-KINDERGARTENS FROM THE DEFINITION OF CHILD DAY CARE.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE [SIC] PRINT 7176-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 NUMBER PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MS. WALSH TO EXPLAIN HER VOTE.
WAIT A MINUTE.
MS. WALSH, PLEASE EXPLAIN YOUR VOTE.
MS. WALSH: THANK YOU, MR. SPEAKER. I'M HAPPY
TO SUPPORT THIS PIECE OF LEGISLATION WHICH WILL CREATE MORE
OPPORTUNITIES TO HAVE KINDERGARTEN AND PRE-KINDERGARTEN PROGRAMS
BECAUSE IT WILL EXEMPT OFF-CAMPUS KINDERGARTEN AND PRE-KINDERGARTEN
FROM OCFS CHILD DAY REGULATIONS. MY -- MY ONLY COMMENT ON THIS IS
TO SAY THAT THIS BILL DOES NOT SIMILARLY EXEMPT 4410 PROGRAMS, WHICH
72
NYS ASSEMBLY JUNE 1, 2021
ARE APPROVED PRESCHOOL SPECIAL EDUCATION PROGRAMS, FROM THIS
EXEMPTION. SO THEY -- THEY STILL NEED OCFS LICENSURE, AND I THINK THAT
PARTICULARLY AS WE'RE HAVING A GREATER AND GREATER NEED FOR EARLY
INTERVENTION PRESCHOOL SPECIAL EDUCATION SERVICES, IT WOULD BE A GOOD
IDEA TO SIMILARLY EXEMPT THEM FROM THIS LICENSURE REQUIREMENT. SO I
THANK THE SPONSOR FOR BRINGING THIS FORWARD. I THINK THAT WHETHER IT'S
BY, YOU KNOW, CHAPTER AMENDMENT OR BY SUBSEQUENT LEGISLATION, I
THINK THAT THE BILL COULD BE IMPROVED OR WE COULD IMPROVE THE
SITUATION BY ALSO WORKING WITH THE 4410 SCHOOLS. THANKS.
ACTING SPEAKER AUBRY: MS. WALSH IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07179, RULES REPORT
NO. 224, WEINSTEIN. AN ACT TO AMEND CHAPTER 20 OF THE LAWS OF 2015,
APPROPRIATING MONEY FOR CERTAIN MUNICIPAL CORPORATIONS AND SCHOOL
DISTRICTS, IN RELATION TO THE EFFECTIVENESS THEREOF.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 7179. 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.)
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NYS ASSEMBLY JUNE 1, 2021
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07192-A, RULES
REPORT NO. 225, LUPARDO. AN ACT TO AMEND THE VEHICLE AND TRAFFIC
LAW, IN RELATION TO THE OPERATION OF A THREE-WHEELED VEHICLE.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 120TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 7192-A. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07205, RULES REPORT
NO. 226, BUTTENSCHON, PALMESANO. AN ACT TO AMEND THE RURAL ELECTRIC
COOPERATIVE LAW, IN RELATION TO ALLOWING MEETINGS OF MEMBERS TO BE
HELD PARTIALLY OR SOLELY BY MEANS OF ELECTRONIC COMMUNICATION.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
BUTTENSCHON, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
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NYS ASSEMBLY JUNE 1, 2021
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 6190. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07207-A, RULES
REPORT NO. 227, JACKSON, BUTTENSCHON. AN ACT TO AUTHORIZE AND DIRECT
THE COMMISSIONER OF AGRICULTURE AND MARKETS TO CONDUCT A STUDY ON
URBAN AGRICULTURE.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 7207-A. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07236-A, RULES
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NYS ASSEMBLY JUNE 1, 2021
REPORT NO. 228, THIELE. AN ACT TO AMEND THE PUBLIC AUTHORITIES LAW,
IN RELATION TO THE RESULTS OF AN ANNUAL STRESS TEST OF ALL SYSTEMS THAT
SUPPORT OUTAGE AND RESTORATION MANAGEMENT AND COMMUNICATIONS OF
THE LONG ISLAND POWER AUTHORITY.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
THIELE, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A07240, RULES REPORT
NO. 229, GOTTFRIED, ENGLEBRIGHT, STERN, RAMOS, JEAN-PIERRE, GRIFFIN,
SILLITTI, THIELE, BARRON, DARLING. AN ACT RELATING TO A REVIEW OF
REIMBURSEMENT RATES FOR AMBULETTE TRANSPORTATION.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 7240. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07248, RULES REPORT
NO. 230, PRETLOW. AN ACT TO AMEND THE RACING, PARI-MUTUEL WAGERING
AND BREEDING LAW, IN RELATION TO HORSEMAN'S HEALTH, WELFARE, PENSION
AND ADMINISTRATIVE BENEFITS FOR HARNESS RACING LICENSEES IN THE ABSENCE
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NYS ASSEMBLY JUNE 1, 2021
OF CONTRACTUAL OBLIGATIONS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 7248. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07250, RULES REPORT
NO. 231, ZEBROWSKI. AN ACT TO AMEND THE PUBLIC OFFICERS LAW, IN
RELATION TO QUALIFICATION TO HOLD THE POSITION OF ASSESSOR OF THE VILLAGE
IN THE VILLAGE OF UPPER NYACK.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
ZEBROWSKI, 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 6280. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
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NYS ASSEMBLY JUNE 1, 2021
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07272, RULES REPORT
NO. 232, L. ROSENTHAL, PHEFFER AMATO, RICHARDSON, DE LA ROSA,
DAVILA, CYMBROWITZ, SEAWRIGHT, BARNWELL, EPSTEIN, BURDICK, COOK,
REYES, BARRON, JACKSON. AN ACT TO AMEND THE PRIVATE HOUSING FINANCE
LAW, IN RELATION TO VOTING, ELECTION AND REFERENDUM PROCEDURES; TO
REQUIREMENTS REGARDING MUTUAL HOUSING COMPANIES CONSIDERING
DISSOLUTION AND/OR RECONSTITUTION; TO CERTAIN DUTIES OF A BOARD OF
DIRECTORS OF A LIMITED-PROFIT HOUSING COMPANY; AND TO PROHIBITING
CERTAIN LIMITED-PROFIT HOUSING COMPANIES FROM VOLUNTARILY DISSOLVING
DURING THE STATE DISASTER EMERGENCY DECLARED IN RESPONSE TO THE
OUTBREAK OF COVID-19.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A07301, RULES REPORT
NO. 233, OTIS, MCDONALD. AN ACT TO AMEND THE STATE TECHNOLOGY
LAW, THE PUBLIC HEALTH LAW AND THE NOT-FOR-PROFIT CORPORATION LAW,
IN RELATION TO AUTHORIZING THE USE OF ELECTRONIC SIGNATURES ON FUNERAL
AND CEMETERY SERVICES DOCUMENTS.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
OTIS, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 6521. THIS IS A FAST ROLL CALL. ANY MEMBER
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NYS ASSEMBLY JUNE 1, 2021
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. OTIS TO EXPLAIN HIS VOTE.
MR. OTIS: THANK YOU, MR. SPEAKER. THIS BILL
AMENDS OUR STATE TECHNOLOGY LAW TO ALLOW FUNERAL HOMES TO USE
ELECTRONIC SIGNATURES IN THEIR TRANSACTIONS. WHEN WE UPGRADED OUR
LAWS MANY YEARS AGO, THEY WERE LEFT OUT OF THIS PROVISION. AND
ESPECIALLY DURING COVID, THIS IS OF GREAT ASSISTANCE NOT ONLY TO THE
CONDUCT OF THEIR BUSINESS, BUT TO FAMILY MEMBERS WHO ARE MAYBE IN
OTHER PARTS OF THE COUNTRY AND NEED TO DO THE WORK THAT THEY DO AND THE
-- THE TRAGIC LOSS OF A LOVED ONE, THEY'RE ABLE TO DO IT THROUGH AN
ELECTRONIC TRANSACTION THE WAY OTHER KINDS OF BUSINESSES DO. SO THANK
YOU FOR THE SUPPORT FOR THIS MEASURE AND I THINK WE'RE ALL HELPING ALL
NEW YORKERS WITH THE PASSAGE OF THIS BILL.
ACTING SPEAKER AUBRY: MR. --
MR. OTIS: I VOTE AYE.
ACTING SPEAKER AUBRY: -- OTIS IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07306, RULES REPORT
NO. 234, PRETLOW. AN ACT TO AMEND THE RACING, PARI-MUTUEL WAGERING
AND BREEDING LAW, IN RELATION TO THE DISPOSITION OF PARI-MUTUEL POOLS
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NYS ASSEMBLY JUNE 1, 2021
OF THE FRANCHISED CORPORATION.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
PRETLOW, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 6352. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07327, RULES REPORT
NO. 235, ZEBROWSKI. AN ACT TO AMEND THE STATE FINANCE LAW, IN
RELATION TO PROVIDING FOR DISCRETIONARY BUYING THRESHOLDS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 7327. 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 BILL IS PASSED.)
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NYS ASSEMBLY JUNE 1, 2021
WE WILL NOW GO BACK AND PICK UP RULES REPORT NO.
171 ON PAGE 6. THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A03942, RULES REPORT
NO. 171, CUSICK, THIELE. AN ACT TO AMEND THE INSURANCE LAW, IN
RELATION TO REMOVING CERTAIN REQUIREMENTS FOR INDEPENDENT INSURANCE
ADJUSTER LICENSES.
ACTING SPEAKER AUBRY: READ -- THIS IS A SUB.
ON A MOTION BY MR. CUSICK, 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 5762. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, THANK YOU
VERY MUCH. I WANT TO ENCOURAGE COLLEAGUES TO -- TO HANG IN HERE WITH
US, WE'RE GOING TO GO TO OUR DEBATE LIST NOW. THERE ARE THREE BILLS ON
THE DEBATE LIST THAT WILL BE STRAIGHT VOTES, SO WE WILL START WITH THOSE:
CALENDAR NO. 78, CALENDAR NO. 351, AND CALENDAR NO. 372.
IMMEDIATELY FOLLOWING THOSE THREE STRAIGHT VOTES, WE'LL BE GOING TO FULL
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NYS ASSEMBLY JUNE 1, 2021
DEBATE ON CALENDAR NO. 308 -- 303 BY MS. SOLAGES; FOLLOWED BY RULES
REPORT NO. 14, THAT ONE IS BY MS. JOYNER; THEN RULES REPORT NO. 84 BY
MR. FALL; RULES REPORT NO. 139 BY MR. CONRAD; RULES REPORT NO. 141
BY MS. JACKSON; AND RULES REPORT NO. 151 BY MS. ROSENTHAL. IN THAT
ORDER, MR. SPEAKER. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU SO MUCH.
PAGE 9, CALENDAR NO. 78, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00268-A, CALENDAR
NO. 2 -- 78, PAULIN, BUTTENSCHON, LAVINE, ENGLEBRIGHT, CYMBROWITZ,
GRIFFIN, GOTTFRIED, DINOWITZ, STERN, CRUZ, ZEBROWSKI, COLTON, J.
RIVERA, LUPARDO, JEAN-PIERRE, THIELE, BRABENEC, MONTESANO, SCHMITT,
BYRNE, REILLY, SMULLEN, MCDONOUGH, COOK, GALEF, SAYEGH, REYES,
WALCZYK, HYNDMAN, ABINANTI, NIOU, OTIS, ZINERMAN, DESTEFANO,
BARRON. AN ACT TO AMEND GENERAL BUSINESS LAW, IN RELATION TO
TELECOMMUNICATION COMPANIES BLOCKING CERTAIN NUMBERS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 268-A. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, SIR. I WILL BE
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NYS ASSEMBLY JUNE 1, 2021
SUPPORTING THIS LEGISLATION AS AMENDED. THE ORIGINAL BILL, AS WITH THE
AMENDED BILL, DIRECTS TELECOMMUNICATION PROVIDERS TO BLOCK CERTAIN
VOICE CALLS, THE ONES WE FONDLY CALL ROBOCALLS. AND UNFORTUNATELY, THE
ORIGINAL DRAFT LANGUAGE WAS TOO BROAD AND WOULD HAVE INADVERTENTLY
FLAGGED A LOT OF CALLS THAT WE COME TO EXPECT, LIKE CALLS FROM OUR
PHARMACY ADVISING US THAT OUR PRESCRIPTION IS READY. TO THE SPONSOR,
TO HER CREDIT, AMENDED THE BILL AND, AS AMENDED, PROVIDES THAT
CERTIFICATION WITH THE FEDERAL COMMUNICATIONS COMMISSION THAT THE
PROVIDERS TRAFFIC COMPLIES WITH THEIR STIR/SHAKEN AND IS SUBJECT TO
COMPLIANT ROBOCALL MITIGATION PROGRAM, ADDRESS THOSE ISSUES AND
ENSURES THAT THIS LEGISLATION IS CONSISTENT WITH REGULATIONS THAT APPLY ON
THE NATIONAL LEVEL. AND SINCE ALMOST ALL OF OUR TELECOMMUNICATIONS
INVOLVE INTERSTATE COMMERCE, IT'S VERY HELPFUL FOR NEW YORK STATE TO
HAVE LEGISLATION THAT'S CONSISTENT WITH THE REST OF THE NATION, AND THE
AMENDMENT ACCOMPLISHES THAT AND, THEREFORE, I WILL BE SUPPORTING IT.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: MR. GOODELL IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: PAGE 26, CALENDAR NO. 351, THE CLERK
WILL READ.
THE CLERK: ASSEMBLY NO. A02388-B, CALENDAR
NO. 351, AUBRY, HYNDMAN, NIOU, CAHILL, L. ROSENTHAL, SEAWRIGHT,
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NYS ASSEMBLY JUNE 1, 2021
THIELE, BARNWELL, BUTTENSCHON, CRUZ, GONZÁLEZ-ROJAS, OTIS, DICKENS.
AN ACT TO AMEND THE PUBLIC HEALTH LAW AND THE EDUCATION LAW, IN
RELATION TO DIRECTING THE COMMISSIONERS OF EDUCATION AND HEALTH TO
ESTABLISH RULES AND REGULATIONS FOR THE TREATMENT AND MONITORING OF
STUDENTS OF SCHOOL DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES
AND NONPUBLIC SCHOOLS WHO EXHIBIT SIGNS OR SYMPTOMS OF SUDDEN
CARDIAC ARREST.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JULY 1ST.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 2388-B. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 26, CALENDAR NO. 372, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A06429-B, CALENDAR
NO. 372, HYNDMAN, GALEF, DICKENS, PERRY, OTIS. AN ACT TO AMEND THE
PUBLIC HEALTH LAW, IN RELATION TO REQUIRING HOSPITALS DISTRIBUTE
LITERATURE CREATED BY THE COMMISSIONER TO PATIENTS AT A HIGH RISK OF
SICKLE CELL DISEASE.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
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THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 6429-B. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 22, CALENDAR NO. 303, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A03412-A, CALENDAR
NO. 303, SOLAGES, BICHOTTE HERMELYN, SEAWRIGHT, STECK, COOK,
LAVINE, COLTON, PERRY, SIMON, BARRON, HYNDMAN, NIOU, PICHARDO, DE
LA ROSA, DAVILA, DICKENS, WILLIAMS, JEAN-PIERRE, WEPRIN, VANEL,
ZEBROWSKI, RAMOS, ROZIC, GOTTFRIED, ABINANTI, EPSTEIN, CRUZ, HEVESI,
AUBRY, GLICK, L. ROSENTHAL, FERNANDEZ, FAHY. AN ACT TO AMEND THE
PENAL LAW, IN RELATION TO EXTORTION OR COERCION RELATED TO IMMIGRATION
STATUS.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MS. SOLAGES.
MS. SOLAGES: YES, MR. SPEAKER. THIS BILL WOULD
AMEND THE PENAL LAW TO ADD A THREAT TO CAUSE DEPORTATION PROCEEDINGS
TO THE TYPE OF COURSE OF ACTION THAT CAN BE PROSECUTED AS COERCION IN
THE THIRD DEGREE, A CLASS A MISDEMEANOR, AS WELL AS CERTAIN LARCENIES
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NYS ASSEMBLY JUNE 1, 2021
BY EXTORSION -- EXTORSION CRIMES.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. WOULD THE SPONSOR
YIELD?
ACTING SPEAKER AUBRY: MS. SOLAGES --
MS. SOLAGES: YES, MR. --
ACTING SPEAKER AUBRY: -- WILL YOU YIELD?
MS. SOLAGES: YES, MR. SPEAKER.
MR. GOODELL: THANK YOU, MS SOLAGES. AM I
CORRECT THAT THERE ARE A NUMBER OF NONCRIMINAL THREATS THAT FALL WITHIN
THE BLACKMAIL -- EXISTING BLACKMAIL OR EXTORTION PROVISIONS?
MS. SOLAGES: YES, YOU ARE CORRECT.
MR. GOODELL: AND WOULDN'T THIS ALSO ALREADY BE
COVERED BY THOSE?
MS. SOLAGES: SO YOU KNOW, JUST TO CIRCLE BACK,
YOU KNOW -- YOU KNOW, JUNE IS ALSO IMMIGRATION HERITAGE MONTH AND,
YOU KNOW, WE ARE CELEBRATING IMMIGRANTS' HERITAGE AND CONTRIBUTIONS
IN THE STATE. SO IT'S -- IT'S JUST TIMELY THAT WE'RE -- WE'RE TAKING UP THIS
BILL TO CONDEMN ANYONE THAT USES THAT AS A VULNERABILITY. SO THIS BILL
WOULD GUARD IMMIGRANTS AND THEIR FAMILIES AGAINST THE THREAT OF
DEPORTATION FROM EMPLOYERS, LANDLORDS, ABUSIVE PARTNERS WHO ATTEMPT
TO COERCE THEM OR EXTORT THEM. SO CURRENT -- CURRENT LAW DOES, YOU
KNOW, IT -- YOU KNOW, IT MIGHT ALLUDE TO IT BUT, YOU KNOW, WE NEED TO
CLARIFY. WE NEED TO MAKE SURE THAT IT'S CRYSTAL CLEAR THAT LAW
ENFORCEMENT AND OTHER PROSECUTORS HAVE THE TOOLS, THE MEANS TO GO
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NYS ASSEMBLY JUNE 1, 2021
AFTER THESE -- THESE PEOPLE WHO ARE PURPOSELY USING A VULNERABILITY TO
ATTACK A VITAL SEGMENT OF OUR COMMUNITY. AND SO WE'VE SEEN THAT, YOU
KNOW, ALONE, THERE'S BEEN JUST AN INCREASED AMOUNT OF -- OF THESE
THREATS HAPPENING AND WE WANT TO JUST MAKE SURE THAT, YOU KNOW,
INDIVIDUALS HAVE THE TOOLS TO GO AFTER THESE -- THESE, YOU KNOW, THESE
MALICIOUS PEOPLE WHO ARE PURPOSELY USING -- USING THIS VULNERABILITY.
MR. GOODELL: WOULD THIS APPLY IF, FOR EXAMPLE, A
LANDLORD THREATENED TO REPORT SOMEONE'S IMMIGRATION STATUS IF THEY
DIDN'T PAY THE RENT UP TO DATE? OR DOES IT ONLY APPLY WHEN YOU'RE
TRYING TO EXTORT MONEY THAT IS NOT OWED TO YOU?
MS. SOLAGES: SO YOU KNOW, EXTORSION AND
COERCION INVOLVE COMPELLING A PERSON TO TURN OVER PROPERTY OR TO
ENGAGE OR REFRAIN FROM ENGAGING IN AN ACTIVITY BY USING INTIMIDATION,
INVOLVING THREAT TO CAUSE CRIMINAL CHARGES TO BE PUT AGAINST THAT
PERSON. SO IF THAT PERSON IS USING THAT LANGUAGE IN A THREATENED WAY
SAYING, OH, IF YOU DON'T PAY ME UP TO -- TO, YOU KNOW, THE -- THE CURRENT
DATE, I'M GOING TO REPORT YOU TO ICE OR IMMIGRATION STATUS. THAT'S
WHAT WE'RE GOING OVER. THAT'S A -- THAT WE WANT TO CONSIDER AND CLARIFY
THAT BEING A CRIME.
MR. GOODELL: SO THIS WOULD BE A CRIME EVEN IF
THE DEMAND FOR PAYMENT IS A DEMAND FOR PAYMENT OF WHAT IS LAWFULLY
DUE AND OWING, OR MAYBE PAST DUE AND OWING?
MS. SOLAGES: NO. WE'RE TRYING TO DO IT SO THAT,
YOU KNOW, IF -- IF THE PERSON IS SAYING, OKAY, I NEED -- I'M EXTORTING
YOU OR COERCING YOU TO DO SOMETHING IF YOU DON'T DO THIS. AND SO
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NYS ASSEMBLY JUNE 1, 2021
THOSE TWO THINGS PUT TOGETHER, WE WANT TO DEEM AND CLARIFY THAT IT IS A
CRIME. IF SOMEONE'S JUST ASKING FOR RENT, THAT'S JUST ONE ASKING FOR RENT.
BUT IF THE LANDLORD IS SAYING, HEY, IF YOU DON'T PAY ME, I'M GOING TO
CALL IMMIGRATION OR I'M GOING TO TELL THEM THAT YOU ARE NOT HERE
LEGALLY, THAT TO ME IS -- IS A THREAT, EXTORSION, BLACKMAIL, WHATEVER YOU
WANT TO CALL IT, THAT SHOULD BE DEEMED AS A CRIME.
MR. GOODELL: I SEE. SO IF A LANDLORD, FOR
EXAMPLE, SAYS, YOU HAVEN'T PAID ME RENT FOR A YEAR-AND-A-HALF, WHEN
ARE YOU GOING TO PAY IT, THAT'S OKAY. BUT IF THE LANDLORD --
MS. SOLAGES: CORRECT.
MR. GOODELL: -- COMES AND SAYS, YOU OWE ME A
YEAR-AND-A-HALF OF RENT AND HAVEN'T PAID ANY. IF YOU DON'T BRING IT UP
TO DATE, THEN I'M GOING TO REPORT YOUR IMMIGRATION STATUS. AND THAT
WOULD FALL WITHIN THE SCOPE OF THIS BILL, CORRECT?
MS. SOLAGES: YES, THE SECOND PART OF WHAT YOU
SAID IS -- IS WHAT WE'RE TRYING TO GO AFTER. AND SIMILAR LEGISLATION HAS
BEEN PASSED IN CALIFORNIA, COLORADO, MARYLAND, AND VIRGINIA. AND,
YOU KNOW, THIS IS SOMETHING -- AND, YOU KNOW, EVEN IN NEW YORK
CITY, WITHIN THE CONFINES OF NEW YORK CITY, THE NEW YORK CITY
COMMISSION OF HUMAN RIGHTS SAW THAT THERE WAS AN INCREASED AMOUNT
OF THESE CLAIMS, ESPECIALLY WITH DISCRIMINATION WITH HOUSING, AND THEY
ACTUALLY HAVE INCREASED FINES TO TRY TO, YOU KNOW, GET AFTER AND TRY TO
PREVENT THIS FROM HAPPENING.
MR. GOODELL: IS THERE ANYTHING THAT WOULD
PREVENT A -- A LANDLORD FROM ASKING AS PART OF THE RENTAL APPLICATION
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WHETHER OR NOT THE INDIVIDUAL IS HERE LAWFULLY?
MS. SOLAGES: I -- I THINK THAT YOU'RE NOT -- SO THE
POINT OF THIS BILL IS -- IS COERCION AND EXTORSION, AND THAT'S WHAT WE'RE
GOING OVER AFTER. THIS -- THIS IS NOT THAT BILL. EVEN THOUGH THAT'S A
GREAT PIECE OF LEGISLATION THAT I WOULD SUPPORT, YOU KNOW, THIS BILL IS --
IS TRYING TO GO AFTER THE FACT OF SOMEONE USING IMMIGRATION STATUS AS A
MEANS TO COHORT [SIC] OR TO EXTORT AN INDIVIDUAL.
MR. GOODELL: I SEE. YOU ALSO SPECIFICALLY
MENTIONED EMPLOYERS. BUT UNDER CURRENT LAW, FEDERAL LAW, ISN'T IT A
FEDERAL CRIME FOR AN EMPLOYER TO HIRE SOMEONE THAT THEY KNOW OR
BELIEVE MAY BE ILLEGALLY HERE?
MS. SOLAGES: SO AGAIN, YOU KNOW, WE'RE TRYING TO
MAKE SURE THAT WE ADD LANGUAGE TO ENSURE THE THREAT OF DEPORTATION
PROCEEDINGS QUALIFIES AS AN ELEMENT IN THE PROSECUTION OF CRIMES,
WHERE DEPORTATION PROCEEDINGS ARE NOT CRIMINAL TRIALS, BUT THEIR NATURE
HAS SIMILAR CONSEQUENCES. YOU KNOW, CALLING ICE AND GETTING
SOMEONE DEPORTED, EVEN NOWADAYS, YOU KNOW, WHEN WE ENTERED THIS
BILL, WE WERE UNDER A FEDERAL ADMINISTRATION THAT WAS ATTACKING
IMMIGRANTS AND -- AND CHARGING INDIVIDUALS TO GO AFTER IMMIGRANTS.
AND EVEN NOW, YOU KNOW, THAT HASN'T SETTLED. SO THIS LEGISLATION REALLY
IS JUST PROVIDING, YOU KNOW, AN ELEMENT OF PROTECTION FOR FELLOW NEW
YORKERS. REGARDLESS OF THEIR IMMIGRATION STATUS, PEOPLE SHOULD FEEL
COMFORTABLE IN THEIR HOMES, THEY SHOULDN'T BE COERCED OR EXTORTED
AGAINST.
MR. GOODELL: I SEE. AND WOULD YOU ENVISION
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NYS ASSEMBLY JUNE 1, 2021
THEN THAT THE POTENTIALLY ILLEGAL IMMIGRANT THEN WOULD BE THE ONE FILING
CRIMINAL CHARGES AGAINST THE EMPLOYER OR AGAINST THE LANDLORD?
MS. SOLAGES: WE WANT TO MAKE SURE THAT THIS
BEHAVIOR IS NOT, YOU KNOW -- ACCEPTABLE AND I THINK WE BELIEVE THAT WE
NEED TO PUT THIS IN STATUTE TO MAKE SURE THAT WE SEND A CLEAR MESSAGE
THAT NEW YORKERS SHOULD NOT BE EXTORTED OR COERCED INTO DOING
SOMETHING THROUGH INTIMIDATION OR HARASSMENT AND DISCRIMINATION.
MR. GOODELL: THANK YOU VERY MUCH, MS.
SOLAGES.
ON THE BILL, SIR.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. GOODELL: UNDER CURRENT LAW, YOU CANNOT USE
EXTORTION OR HARASSMENT, REGARDLESS OF WHETHER IT RELATES TO YOUR
IMMIGRATION STATUS OR NOT. AND SO I'M NOT SURE WHY EXACTLY WE NEED
THIS. IF YOU'RE TRYING TO EXTORT MONEY FROM ANYBODY, MONEY THAT YOU'RE
NOT ENTITLED TO, OR FORCE SOMEBODY TO DO SOMETHING THAT THEY DON'T HAVE
TO DO AND YOU'RE THREATENING TO EXPOSE THAT THEY'RE HAVING AN AFFAIR, FOR
EXAMPLE, OR THAT THERE'S A VERY EMBARRASSING DETAIL IN THEIR PAST, FOR
EXAMPLE, OR ANY NUMBER OF NONCRIMINAL THREATS, THAT'S ALREADY BANNED
IN NEW YORK STATE. SO WHAT THIS BILL DOES IS TAKE ALL THOSE -- ALL OF
THOSE POTENTIAL CIVIL ISSUES WHETHER IT'S YOU'RE DIVORCED, WHETHER YOU
HAVE SINGLE KIDS, WHETHER YOU WERE IN A DRUG REHAB PROGRAM OR ANY OF
THOSE OTHER ISSUES, AND OUT OF ALL OF THOSE WE SINGLE OUT ONE, YOUR
IMMIGRATION STATUS. AND THE PROBLEM IS THAT WHEN WE'RE DEALING WITH
EMPLOYERS, EMPLOYERS HAVE A LEGAL OBLIGATION TO ASK ABOUT YOUR
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IMMIGRATION STATUS UNDER FEDERAL LAW. AND THEY HAVE A LEGAL
OBLIGATION TO REPORT IT IF THEY BELIEVE THAT YOU'RE NOT A LEGAL IMMIGRANT.
AND SO WHAT WE DO IS WE CREATE A SITUATION WHERE
LAWFUL NEW YORKERS WILL ACTUALLY CALL UP THE IMMIGRATION SERVICE AND
COOPERATE WITH FEDERAL OFFICIALS IN ENFORCING OUR IMMIGRATION LAW, RUN
THE RISK THAT THEY MIGHT THEN BECOME THE DEFENDANT IN A CASE BROUGHT
BY A DISGRUNTLED FORMER EMPLOYEE OR POTENTIAL EMPLOYEE WHO'S
CLAIMING THAT THE EMPLOYER'S COMPLIANCE WITH FEDERAL LAW IS A BASIS
FOR THE EMPLOYER TO BE ARRESTED. AND THAT'S A VERY DANGEROUS PRECEDENT
THAT WE SHOULDN'T GO DOWN.
SO WHILE I CERTAINLY AGREE WITH THE SPONSOR THAT USING
ANYTHING THAT'S EMBARRASSING OR HAS POTENTIAL LIABILITY IN ORDER TO EXTORT
MONEY OR FORCE SOMEBODY TO DO SOMETHING THAT THEY HAVE NO
OBLIGATION TO DO, THAT'S WRONG. BUT SAYING THAT IF AN EMPLOYER
COMPLIES WITH FEDERAL LAW AND REPORTS SUSPECTED IMMIGRATION
VIOLATIONS TO FEDERAL LEGAL LAW ENFORCEMENT, THAT EMPLOYER COULD BE
FACING A CRIMINAL ARREST, THAT IS ALSO WRONG. AND SO I THINK THE EXISTING
LAW STRIKES THE RIGHT BALANCE, PROTECTS ALL OF US AGAINST ILLEGAL
BLACKMAIL AND EXTORSION, BUT DOESN'T CROSS THE LINE BY CREATING AND
HIGHLIGHTING A POTENTIAL CRIMINAL ACTION AGAINST EMPLOYERS OR LANDLORDS
WHO COMPLY WITH FEDERAL LAW. THANK YOU, SIR.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 3412-A. THIS IS A PARTY VOTE. ANY
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MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE
POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE
NUMBERS PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE WILL BE GENERALLY OPPOSED TO THIS LEGISLATION, BUT THOSE
WHO WOULD LIKE TO SUPPORT IT ARE ENCOURAGED TO CALL THE MINORITY
LEADER'S OFFICE SO WE CAN PROPERLY RECORD YOUR VOTE. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MS. HYNDMAN.
MS. HYNDMAN: I WOULD LIKE TO REMIND MY
COLLEAGUES THAT THIS IS A PARTY VOTE. MAJORITY MEMBERS WILL BE
RECORDED IN THE AFFIRMATIVE. IF THERE ARE ANY EXCEPTIONS, I ASK MAJORITY
MEMBERS TO CONTACT THE MAJORITY LEADER'S OFFICE AT THE NUMBER
PREVIOUSLY PROVIDED AND YOUR NAMES WILL BE ANNOUNCED ACCORDINGLY.
ACTING SPEAKER AUBRY: THANK YOU VERY
MUCH.
(THE CLERK RECORDED THE VOTE.)
MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER. WOULD YOU
PLEASE RECORD MR. JENSEN IN THE AFFIRMATIVE ON THIS BILL, AND THAT'S ALL
WE'VE GOT. THANK YOU.
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
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(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 4, RULES REPORT NO. 14.
THE CLERK: ASSEMBLY NO. A03350, RULES REPORT
NO. 14, JOYNER, BRONSON, OTIS, SIMON, GONZÁLEZ-ROJAS, KELLES, L.
ROSENTHAL, BRABENEC. AN ACT TO AMEND THE LABOR LAW AND THE
GENERAL BUSINESS LAW, IN RELATION TO ACTIONS FOR NON-PAYMENT OF
WAGES.
MS. WALSH: EXPLANATION, PLEASE.
ACTING SPEAKER AUBRY: AN EXPLANATION HAS
BEEN REQUESTED, MS. JOYNER.
MS. JOYNER: YES. SO WAGE THEFT REMAINS RAMPANT
IN THE CONSTRUCTION INDUSTRY DUE TO THE FACT THAT MANY CONSTRUCTION
WORKERS ARE HIRED THROUGH INFORMAL AGREEMENTS, PARTICULARLY BY
SUBCONTRACTORS, THUS MAKING THEM MORE SUSCEPTIBLE TO WAGE THEFT AND
OTHER LABOR VIOLATIONS. THIS BILL WOULD LEVEL THE PLAYING FIELD FOR
WORKERS IN THE CONSTRUCTION INDUSTRY BY ENSURING THAT CONTRACTORS ARE
HELD LIABLE FOR WAGE CLAIMS MADE AGAINST THEIR SUBCONTRACTORS IN
ENSURING THAT WORKERS ARE PAID THE WAGES OWED TO THEM.
ACTING SPEAKER AUBRY: MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD?
MS. JOYNER: YES.
ACTING SPEAKER AUBRY: MS. JOYNER, WILL YOU
YIELD? MS. JOYNER YIELDS.
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MS. WALSH: THANK YOU SO MUCH. SO I HAVE A
COUPLE OF QUESTIONS. I GUESS MY FIRST QUESTION IS, WE VOTED ON A
VERSION OF THIS BILL BACK IN JANUARY AND THEN THE BILL WAS AMENDED.
COULD YOU EXPLAIN THE -- THE AMENDMENT, PLEASE?
MS. JOYNER: SURE. SO THE AMENDMENTS -- THERE'S
FIVE MAIN COMPONENTS TO THE AMENDMENTS. FIRST IS THAT THAT BILL MAKES
IT CLEAR THAT A CONTRACTOR CAN RECOUP COSTS FOR UNPAID WAGES BY
ESTABLISHING A CONTRACT. WE SPELLED OUT THAT THERE'S A THREE YEAR STATUTE
OF LIMITATIONS AGAINST THE CONTRACTOR. WE EXCLUDE HOME IMPROVEMENT
CONTRACTS. WE ALLOW THE -- THE BILL ALLOWS -- WE ALLOW -- OKAY. THE
PROVISIONS OF THE BILL ALLOWS WAIVERS PURSUANT TO A COLLECTIVE
BARGAINING AGREEMENT, AND WE ADD A NEW SECTION TO THE GENERAL
BUSINESS LAW TO ALLOW A CONTRACTOR TO REQUEST THEIR SUBCONTRACTORS'
PAYROLL RECORDS AND OTHER INFORMATION ABOUT THE CONSTRUCTION PROJECTS,
SUCH AS THE NAMES, INDEPENDENT CONTRACTORS ON THE WORKSITE, THE
ANTICIPATED CONTRACT START DATE AND THE DURATION OF THE PROJECT.
MS. WALSH: VERY GOOD. WHO -- WHO'S THE CURRENT
ENFORCEMENT ARM, WHO INVESTIGATES AND ENFORCES WAGE THEFT CURRENTLY?
MS. JOYNER: RIGHT NOW, A CLAIMANT CAN MAKE A
CLAIM WITH THE DEPARTMENT OF LABOR.
MS. WALSH: OKAY. COULD A CLAIMANT ALSO MAKE A
CLAIM WITH A LOCAL DISTRICT ATTORNEY'S OFFICE?
MS. JOYNER: YES.
MS. WALSH: OR COULD A -- COULD THEY MAKE A CLAIM
-- A SMALL CLAIM IF IT'S FOR NOT VERY MUCH MONEY IN SMALL CLAIMS COURT?
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OH, DID YOU SAY YES? I'M SORRY, I DIDN'T HEAR YOU.
ACTING SPEAKER AUBRY: WE NEED TO HAVE MS.
JOYNER UNMUTED --
MS. JOYNER: OH, I'M SORRY.
MS. WALSH: OH.
MS. JOYNER: I'M SORRY ABOUT THAT. YES, THEY CAN
BRING A PRIVATE CLAIM UNDER SECTION 198 OF THE LABOR LAW.
MS. WALSH: OKAY. VERY GOOD. SO I GUESS ONE
QUESTION IS, WHY NOT JUST ALLOW THE CURRENT MECHANISMS THAT ARE
ALREADY THERE, FILING A CLAIM WITH THE DEPARTMENT OF LABOR, GOING TO
THE -- FILE A -- SOMETHING WITH THE DA'S OFFICE OR GOING TO A SMALL
CLAIM PROCESS, WHY NOT JUST ALLOW IT TO GO ON LIKE THAT? AND PROVIDE,
MAYBE, ADDITIONAL RESOURCES IF -- IF THEY'RE OVERWHELMED OR IF THEY --
THEY AREN'T ABLE TO HANDLE THE -- THEY DON'T HAVE THE CAPACITY TO HANDLE
THE NUMBER OF CLAIMS.
MS. JOYNER: RIGHT. SO RIGHT NOW, EMPLOYEES CAN,
YOU KNOW, PURSUE THE METHODS THAT YOU JUST STATED, BUT ONLY AGAINST
THE SUBCONTRACTORS. THIS IS GOING TO -- THIS NEW LAW WILL ALLOW
CONTRACTORS TO BE LIABLE, AS WELL. SO IT'S EXTENDING LIABILITY TO THE
CONTRACTORS.
MS. WALSH: OKAY. SO -- BUT -- BUT THE -- THE
EMPLOYEE OF THE SUBCONTRACTOR CAN STILL ELECT TO BRING ONE OF THESE
OTHER FORMS OF SUIT, IS THAT CORRECT? THEY CAN -- THEY COULD JUST --
MS. JOYNER: YES.
MS. WALSH: -- GO AGAINST -- AGAINST THE SUB IF THEY
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WANT, BUT THE IDEA OF THE BILL THEN IS TO KICK IT UP TO THE GENERAL
CONTRACTOR AND MAKE THE GENERAL CONTRACTOR RESPONSIBLE FOR ALL OF THE
UNPAID WAGES THAT THE SUBCONTRACTOR OWES ITS EMPLOYEES.
MS. JOYNER: THAT'S CORRECT.
MS. WALSH: OKAY. SO IN THE -- IN YOUR
MEMORANDUM OF SUPPORT, IT SUGGESTS THAT IF THIS LEGISLATION IS PASSED
THAT THERE MIGHT BE A LESSER BURDEN ON THE ATTORNEY GENERAL'S OFFICE,
THE DEPARTMENT OF LABOR, THE COMPTROLLER, AND DAS BY SHIFTING THIS
OVER TO THE GENERAL CONTRACTORS. BUT WON'T THIS LEGISLATION ACTUALLY JUST
SHIFT THE BURDEN AND CLOG UP THE COURT SYSTEM WITH CLAIMS BY
CONTRACTORS AGAINST SUBCONTRACTORS?
MS. JOYNER: WELL, YOU KNOW, OUR MAIN GOAL IS TO
MAKE SURE THAT EMPLOYEES ARE ABLE TO RECOUP, YOU KNOW, THE WAGES
THAT THEY RIGHTFULLY EARNED. SO I DON'T SEE IT AS SHIFTING BLAME, BUT
CREATING A REMEDY FOR EMPLOYEES TO RECOUP THESE UNPAID WAGES.
MS. WALSH: AND I APOLOGIZE, WITH THIS MASK ON,
YOU PROBABLY -- I DIDN'T SAY BLAME, I SAID BURDEN. I SAID THE BURDEN
ONTO THE CONTRACTORS. BUT YES, I UNDERSTAND YOUR POINT. SO YOU
MENTIONED A THREE YEAR STATUTE OF LIMITATIONS THAT WAS CREATED THROUGH
YOUR AMENDMENT WHERE THE GENERAL CONTRACTOR WOULD HAVE THREE YEARS
TO THEN GO AFTER THE SUBCONTRACTOR TO GET PAID BACK FOR THE MONEY THAT
THE GENERAL CONTRACTOR HAD TO LAY OUT TO THE -- TO THE EMPLOYEE FOR THE
WAGE CLAIM. BUT MY QUESTION IS, IF A PROJECT, SAY, FINISHES UP THIS YEAR
IN 2021, HOW LONG DOES AN EMPLOYEE OF A SUBCONTRACTOR HAVE TO BRING
A WAGE CLAIM?
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MS. JOYNER: I'M SORRY. SO IT -- IT'S A THREE YEAR
STATUTE OF LIMITATIONS AGAINST THE CONTRACTOR AND THEN IT'S A SIX YEAR
STATUTE OF LIMITATIONS AGAINST THE SUBCONTRACTOR.
MS. WALSH: SO THE -- THE EMPLOYEE OF THE
SUBCONTRACTOR HAS SIX YEARS TO BRING A WAGE CLAIM AGAINST THE
SUBCONTRACTOR, THEIR -- THEIR DIRECT EMPLOYER?
MS. JOYNER: YES.
MS. WALSH: OKAY. ALL RIGHT. AND THEN -- SO
DOESN'T THAT MEAN THEN THAT THE GENERAL CONTRACTOR BASICALLY, EVEN
THOUGH THE PROJECT IS DONE, HAS TO LEAVE THINGS OPEN FOR A NUMBER OF
YEARS WAITING FOR A POTENTIAL WAGE CLAIM FROM THE EMPLOYEE OF THE
SUBCONTRACTOR TO BE -- TO BE ALLEGED OR BROUGHT?
MS. JOYNER: I MEAN, THE BILL LIMITS IT FOR SIX YEARS
AGAINST THE -- THE CONTRACTOR. SO YES, I MEAN, THEY WOULD HAVE TO KEEP
ALL OF THE RECORDS, YOU KNOW, FOR THOSE PROJECTS DURING THAT LENGTH OF
TIME.
MS. WALSH: OKAY. ALL RIGHT. VERY GOOD. THANK
YOU SO MUCH.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER MCDONALD: ON THE BILL.
MS. WALSH: THANK YOU. SO THERE ARE -- THERE ARE A
NUMBER OF CONCERNS THAT WE HAVE WITH THIS BILL. I THINK, YOU KNOW,
FIRST OF ALL, I MEAN EVERYBODY WANTS TO ENSURE THAT PEOPLE GET PAID FOR
THE WORK THAT THEY DO. AND THERE'S NO QUESTION THAT THERE ARE SOME
UNSCRUPULOUS CONTRACTOR -- SUBCONTRACTORS WHO ARE OUT THERE WHO
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MAYBE AREN'T PAYING PEOPLE WHAT THEY'RE OWED. AND WE WANT TO -- WE
WANT TO CERTAINLY CRACK DOWN ON THAT AND MAKE SURE THAT THEY'RE HELD
ACCOUNTABLE, AND THEY NEED TO BE ROOTED OUT. BUT I MEAN, I WOULD SAY
THAT THE AGENCIES THAT ARE ALREADY CHARGED WITH THE INVESTIGATION AND
ENFORCEMENT OF OUR CURRENT WAGE LAWS ARE SUFFICIENT UNDER THE
CIRCUMSTANCES AND THAT WE DON'T NEED THIS LEGISLATION.
GENERAL CONTRACTORS UNDER THIS LEGISLATION WOULD BE --
BECOME RESPONSIBLE FOR VERIFYING CERTIFIED PAYROLLS FROM ALL
SUBCONTRACTOR TIERS, WHICH IS VERY UNWIELDY AND IT'S VERY EXPENSIVE.
SO THE WAY THAT THE AMENDMENT WORKS IS THE GENERAL CONTRACTOR HAS THE
ABILITY TO SAY TO THE SUBCONTRACTOR, I NEED YOUR CERTIFIED PAYROLL, AND
THEN THAT'S SUPPOSED TO BE PROVIDED WITHIN A REASONABLE AMOUNT OF
TIME. THE GENERAL CONTRACTOR THEN HAS TO VERIFY THE CERTIFIED PAYROLL,
AND THERE COULD BE A NUMBER OF SUBCONTRACTORS USED ON A PARTICULAR
JOB. SO THIS IS GOING TO OBVIOUSLY REALLY BE A COSTLY AND TIME
CONSUMING PROCESS FOR A GENERAL CONTRACTOR. AND ALSO, THERE ARE VERY
FEW WAYS TO VERIFY THOSE PAYROLLS, ESPECIALLY WHILE -- WHILE A PROJECT IS
GOING ON.
THERE'S -- SO SINCE -- PART OF THE LEGISLATION SAYS THAT
THERE'S NO WAY THAT A GENERAL CONTRACTOR OR A SUBCONTRACTOR CAN AGREE TO
WAIVE ANY PORTION OF THIS LAW, AND -- AND THE WAIVER OF ANY LIEN ON A
CERTIFIED PAYROLL CAN'T BE USED AS A DEFENSE TO PROTECT A GENERAL
CONTRACTOR. WHAT THAT ALL MEANS IS THAT ALL SUBS OF EVERY TIER ARE GOING
TO NEED TO BE BONDED, I.E., INSURANCE AGAINST WAGE THEFT CLAIMS. SO THE
NEED FOR BONDING IS GOING TO INCREASE THE COST OF PROJECTS. AND THE
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RESULT OF THAT IS THAT IF ALL TIERS OF SUBS ARE GOING TO HAVE TO CARRY -- ARE
GOING TO HAVE TO BE BONDED AND HAVE THIS INSURANCE AGAINST -- AGAINST
WAGE THEFT CLAIMS, THEN THAT'S GOING TO ADVERSELY IMPACT THE MOST THOSE
WHO ARE LESS CAPITALIZED SUBCONTRACTORS WHO WON'T BE ABLE TO GET
BONDED. THAT COULD INCLUDE MWBES OR CONTRACT -- SUBS THAT ARE JUST
STARTING OUT OR ARE NEWER IN BUSINESS. AND I DON'T THINK THAT THAT IS
SOMETHING THAT WE WOULD REALLY WANT TO SEE HAPPEN. BUT I THINK IT'S
GOING TO HURT THE ENTRY OF NEW BUSINESSES INTO THE MARKET AND IT COULD
CURTAIL THE SUPPLY OF SUBCONTRACTORS WHO ARE OUT THERE.
SO FOR ALL OF THESE REASONS, WE HAVE SOME CONCERNS
WITH THIS BILL. I THINK THAT INSTEAD OF DOING THIS, IT WOULD BE MORE
SENSIBLE TO PROVIDE ADEQUATE FUNDING AND SUPPORTS TO THE ENFORCEMENT
AND INVESTIGATION ARMS THAT WE ALREADY HAVE UNDER THE LAW RATHER THAN
EXPANDING IT IN THIS WAY. SO BEFORE WHEN WE VOTED ON THIS BILL BEFORE,
WE HAD QUITE A NUMBER OF NO VOTES, THERE IS SOME CONCERN FROM
DIFFERENT GROUPS, AND I WILL BE VOTING IN THE NEGATIVE. THANK YOU, MR.
SPEAKER.
ACTING SPEAKER MCDONALD: MR. TAGUE.
MR. TAGUE: THANK YOU, MR. SPEAKER. WOULD THE
SPONSOR YIELD FOR A COUPLE OF QUESTIONS, PLEASE?
MS. JOYNER: YES.
ACTING SPEAKER MCDONALD: WILL THE
SPONSOR YIELD?
MR. TAGUE: THANK YOU. THANK YOU, MS. JOYNER.
FIRST, DON'T YOU THINK THAT THIS BILL WILL BRING SOME VERY ERRONEOUS
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CLAIMS NOW THAT WE'RE BROADENING A -- A LAW THAT'S ALREADY THERE?
MS. JOYNER: WELL, I MEAN, THE PREVIOUS ARGUMENT
OF WHY ARE WE, YOU KNOW, FIRST -- YOU KNOW, EMPLOYEES HAVE THE
ABILITY NOW TO GO TO THE DEPARTMENT OF LABOR WITH ANY CLAIMS OF -- OF
WAGE THEFT, BUT THIS IS CREATING ANOTHER REMEDY OF GOING TO OUR COURT
SYSTEM IF THAT FIRST MECHANISM DOES NOT WORK. AND WE ALREADY --
EVERYBODY COMPLAINS ABOUT THE DEPARTMENT OF LABOR BEING
UNDERSTAFFED AND UNDERRESOURCED, WHICH I ALSO AGREE THAT WE SHOULD
PUT MORE FUNDING IN. SO YOU KNOW, THIS IS CREATING ANOTHER AVENUE
THAT EMPLOYEES CAN RECOUP THE WAGES THAT THEY'RE OWED. AND IT'S OUR
POSITION THAT THE EMPLOYERS, THE CONTRACTORS ARE IN THE BEST POSITION TO
MANAGE THESE PROJECTS AND TO DO -- DO RESPONSIBLE WORK WITH
SUBCONTRACTORS. SO YOU KNOW, WE FEEL THAT THIS WAS GOING -- THIS BILL
WILL ENCOURAGE CONTRACTORS TO ADEQUATELY VET THEIR SUBCONTRACTORS.
MR. TAGUE: BUT LET -- LET ME JUST ASK YOU THIS:
HAVE YOU EVER WORKED IN THE CONSTRUCTION INDUSTRY BEFORE? HAVE YOU
EVER BEEN AN EXECUTIVE IN A CONSTRUCTION INDUSTRY?
MS. JOYNER: NO, I HAVE NOT, BUT WE HAVE
CONSULTED WITH BOTH -- BOTH SIDES ON THIS ISSUE SO WE'RE WELL-VERSED ON
IT.
MR. TAGUE: WELL, I -- I HAVE WORKED -- I WORKED IN
THE CONSTRUCTION INDUSTRY AS AN EXECUTIVE FOR CLOSE TO 30 YEARS AND TO
HOLD A GENERAL CONTRACTOR OR A PRIME CONTRACTOR RESPONSIBLE AND TO
HAVE TO BABYSIT A SUBCONTRACTOR REALLY ISN'T FAIR, ESPECIALLY ON THE SIZE
OF CERTAIN JOBS. AND LET -- AND LET ME ASK YOU THIS QUESTION: ISN'T A
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CERTIFIED PAYROLL ALREADY INSPECTED ON -- ON MUNICIPAL JOBS?
MS. JOYNER: UNDER THE PUBLIC WORKS, YES.
MR. TAGUE: OKAY. WELL, A MAJORITY OF THE WORK
THAT IS DONE AND IF YOU LOOK AT THE CASES IN THE LABOR DEPARTMENT
WHERE CHARGES HAVE BEEN FILED, WHERE COMPANIES HAVE BEEN HELD
RESPONSIBLE FOR WAGE THEFT, THOSE HAVE COME FROM THOSE CERTIFIED
PAYROLL INVESTIGATIONS. YOU KNOW, DO YOU KNOW HOW MANY WAGE THEFT
CASES ARE IN THE COURT SYSTEM RIGHT NOW?
MS. JOYNER: THE ESTIMATES THAT WE HAVE IS THAT THE
DEPARTMENT OF LABOR HAS ALREADY RECOVERED $6 MILLION IN WAGE -- IN
WAGE THEFTS.
MR. TAGUE: OKAY.
MS. JOYNER: RIGHT NOW CURRENTLY.
MR. TAGUE: AND DO YOU KNOW HOW MANY ARE IN
HEARING RIGHT NOW WITHIN THE LABOR DEPARTMENT?
MS. JOYNER: I DON'T -- I DON'T HAVE THAT
INFORMATION, NO.
MR. TAGUE: OKAY. WELL AGAIN, THIS -- THIS PUTS
CONSTRUCTION COMPANIES IN NEW YORK STATE, ESPECIALLY PRIME AND
GENERAL CONTRACTORS, ON AN UNLEVEL PLAYING FIELD.
SO WITH THAT, MR. SPEAKER, ON THE BILL.
ACTING SPEAKER MCDONALD: ON THE BILL, MR.
TAGUE.
MR. TAGUE: LISTEN, THIS IS JUST, AGAIN, MORE
REGULATIONS, MORE HURDLES JUST TO DO BUSINESS IN NEW YORK STATE. WE
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ALREADY HAVE LAWS IN EFFECT THAT PROTECT THE WORKER, THAT GO AFTER BAD
ACTORS. YOU KNOW, THIS AGAIN IS JUST MORE ANTI-BUSINESS AND WE
WONDER WHY NOBODY WANTS TO OWN A BUSINESS IN NEW YORK STATE.
WHY CONSTRUCTION PRICES ARE SO EXPENSIVE IS BECAUSE OF THE ADDED
REGULATIONS. AND THIS, AGAIN, WILL FORCE CERTAIN GENERAL CONTRACTORS AND
PRIME CONTRACTORS TO HAVE TO HIRE MORE PEOPLE JUST TO MANAGE WAGE
THEFT.
SO I WILL BE VOTING IN THE NEGATIVE ON THIS BILL. YOU
KNOW, I -- I DO COMMEND THE SPONSOR FOR HER, YOU KNOW, FOR HER BELIEFS
AND FOR THE BILL BUT, AGAIN, THIS IS JUST, TO ME, ANOTHER ANTI-BUSINESS BILL
IN NEW YORK STATE AND I'LL BE VOTING IN THE NEGATIVE. THANK YOU, MR.
SPEAKER, AND THANK YOU TO THE SPONSOR FOR HER TIME AND RESPECT. THANK
YOU.
ACTING SPEAKER MCDONALD: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 120TH
DAY.
ACTING SPEAKER MCDONALD: THE CLERK WILL
RECORD THE ON ASSEMBLY BILL 3350. THIS IS A PARTY VOTE. ANY MEMBER
WHO WISHES TO BE RECORD AS AN EXCEPTION TO THE CONFERENCE POSITION IS
REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS
PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE WILL GENERALLY BE OPPOSED TO THIS LEGISLATION. THOSE WHO
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SUPPORT IT ARE ENCOURAGED TO CALL THE MINORITY LEADER'S OFFICE SO WE
CAN PROPERLY RECORD THEIR VOTE. THANK YOU, SIR.
ACTING SPEAKER MCDONALD: MRS.
PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE WILL GENERALLY BE IN FAVOR OF THIS
ONE; HOWEVER, THERE MAY BE COLLEAGUES WHO WISH TO BE AN EXCEPTION.
THEY SHOULD FEEL FREE TO CONTACT THE MAJORITY LEADER'S OFFICE AND WE
WILL BE PLEASED TO REPORT TO THEIR VOTE PROPERLY.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER MCDONALD: MR. LAWLER TO
EXPLAIN HIS VOTE.
MR. LAWLER: THANK YOU, MR. SPEAKER. BACK IN
JANUARY WHEN THIS BILL WAS FIRST BEFORE US, I VOTED AGAINST IT NOT
BECAUSE I WAS AGAINST WHAT THE SPONSOR WAS TRYING TO DO, QUITE THE
CONTRARY. I THINK ANYBODY WHO ENGAGES IN WAGE THEFT SHOULD BE HELD
FULLY ACCOUNTABLE. MY CONCERN WITH THE BILL AT THE TIME WAS THAT THERE
WAS NO GOOD FAITH, SAFE HARBOR PROVISION FOR THE GENERAL CONTRACTOR
WHO WAS, IN FACT, TRYING TO GET THE SUBCONTRACTOR TO PROVIDE
DOCUMENTATION OR HOLD THEM ACCOUNTABLE. I THINK AT THE TIME I SAID
THAT IF AN AMENDMENT CAME FORWARD, I WOULD SUPPORT IT. AND SO TODAY,
I'M HAPPY TO SEE THAT THE SPONSOR HAS COME FORTH WITH THIS AMENDMENT.
I DO THINK IT GOES TOWARDS ACCOMPLISHING WHAT I BELIEVED WAS
NECESSARY. AND SO I'M HAPPY TO SUPPORT THIS BILL AS AMENDED, AND I
THANK THE SPONSOR FOR DOING SO. THANK YOU.
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ACTING SPEAKER MCDONALD: MR. LAWLER IN
THE AFFIRMATIVE.
MR. STECK TO EXPLAIN HIS VOTE.
MR. STECK: THANK YOU VERY MUCH, MR. SPEAKER. I
HAVE NOT SEEN IN MY TIME IN THIS BODY THAT THERE'S ANY SHORTAGE OF
CONSTRUCTION IN THIS STATE, AND THERE'S NOTHING IN THIS BILL THAT IS GOING
TO CHANGE THAT. SECONDLY, LEAVING LAW ENFORCEMENT TO THE DEPARTMENT
OF LABOR IS SIMPLY A RECIPE FOR MINIMAL ENFORCEMENT. THE DEPARTMENT
OF LABOR HAS MANY, MANY, MANY THINGS TO DO. IT DOESN'T HAVE ENOUGH
RESOURCES TO DO IT ALL BY ITSELF AND SO ALLOWING FOR OTHER ENFORCEMENT
MECHANISMS IS NECESSARY TO PROTECT WORKERS AND MAKE SURE THE LAW IS
ENFORCED; THEREFORE, I WILL BE VOTING IN THE AFFIRMATIVE.
ACTING SPEAKER MCDONALD: MR. STECK IN
THE AFFIRMATIVE.
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, SIR. IF YOU'RE A GENERAL
CONTRACTOR AND YOU REQUIRE CERTIFIED PAYROLL FROM A SUB AND YOU HAVE
NO REASON IN THE WORLD TO -- TO QUESTION THAT CERTIFICATION, BUT YOU TAKE
IT ONE MORE STEP AND YOU SAY, I WANT TO SIGN OFF FROM EVERY EMPLOYEE
FROM THE SUB SAYING 'I HAVE BEEN PAID, I WAIVE ANY FURTHER RIGHTS TO
CLAIM'. ARE YOU OKAY? NOT UNDER THIS LANGUAGE. THINK ABOUT THAT FOR
A MINUTE. YOU'RE THE GENERAL, YOU GET CERTIFIED PAYROLL, YOU GET AN
AFFIDAVIT FROM THE SUB, YOU GET SIGN-OFFS FROM EVERY EMPLOYEE OF A SUB
AND SIX YEARS LATER -- EXCUSE ME - GREAT DINNER, COMPLIMENTS TO THE
MAJORITY - BUT LET ME GET BACK, SIX YEARS LATER YOU CAN BE SUED FROM AN
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EMPLOYEE YOU MAY NOT HAVE EVEN KNOWN WAS ON THE JOB CLAIMING THEY
WEREN'T PAID IN FULL. THAT'S WHAT THIS BILL DOES. THAT IS NOT FAIR AND
EQUITABLE.
NO DOUBT IF A GENERAL CONTRACTOR KNOWS OR HAS REASON
TO KNOW THAT THE SUB'S EMPLOYEES ARE NOT BEING PAID, THE GENERAL OUGHT
TO BE LIABLE. NO DOUBT WE EXPECT THE GENERAL TO DO FAIR AND REASONABLE
DUE DILIGENCE. BUT THIS BILL IMPOSES STRICT LIABILITY ON A GENERAL
CONTRACTOR EVEN IF THEY DO DUE DILIGENCE, GET A SIGN-OFF FROM EVERY
EMPLOYEE THAT THEY'RE AWARE OF THAT WORKS WITH A SUB, GETS A SIGN-OFF
FROM THE SUB, GETS CERTIFIED PAYROLL, DOESN'T MATTER. STRICT LIABILITY HAS
NO PLACE AND FAIRNESS WHEN IT COMES TO DEALING WITH OUR CONTRACTORS
AND SUBCONTRACTORS AND, UNFORTUNATELY, IT WILL RESULT IN HIGHER PRICES FOR
ALL OF US IF THIS GOES THROUGH. THANK YOU, SIR.
ACTING SPEAKER MCDONALD: MR. GOODELL IN
THE NEGATIVE.
MR. GOODELL.
MR. GOODELL: NOTWITHSTANDING MY IMPASSIONED
COMMENTS AND PERHAPS BECAUSE OF THAT GREAT DINNER PROVIDED BY THE
MAJORITY, PLEASE RECORD THE FOLLOWING COLLEAGUES OF MINE IN THE
AFFIRMATIVE: MR. ASHBY, MR. BRABENEC, MR. MIKULIN, MR. MILLER, MS.
MILLER, MR. RA, MR. SCHMITT, MR. SMITH, MR. WALCZYK, AND THOSE WHO
VOTED DIRECTLY ON THE FLOOR. THANK YOU, SIR.
ALSO, PLEASE ADD MR. BYRNE. THANK YOU, SIR.
ACTING SPEAKER MCDONALD: THANK YOU, MR.
GOODELL.
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ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 4, RULES REPORT NO. 84.
THE CLERK: ASSEMBLY NO. A02573-A, RULES
REPORT NO. 84, FALL, DICKENS, WILLIAMS, SAYEGH, GOTTFRIED, O'DONNELL,
EPSTEIN, BARRON, PICHARDO, PERRY. AN ACT TO AMEND THE SURROGATE'S
COURT PROCEDURE ACT, IN RELATION TO REMOVING THE PROHIBITION ON
INDIVIDUALS CONVICTED OF A FELONY THAT PREVENTS THEM FROM BEING
APPOINTED FIDUCIARY OF AN ESTATE.
ACTING SPEAKER MCDONALD: AN EXPLANATION
IS REQUESTED.
MR. FALL: THIS BILL WOULD REMOVE THE PROHIBITION
ON ANYONE THAT HAS EVER HAD A FELONY CONVICTION FROM SERVING AS A
FIDUCIARY OF AN ESTATE. THIS BILL WILL PRESERVE THE POWER OF THE COURT TO
DECLARE INELIGIBLE ANY PERSON CONVICTED OF A FELONY WHOSE CRIME MAY
HAVE BEEN ADVERSE TO THE WELFARE OF THE STATE.
ACTING SPEAKER MCDONALD: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER MCDONALD: THE CLERK WILL
RECORD THE VOTE ON ASSEMBLY BILL 2723. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
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(THE CLERK RECORDED THE VOTE.)
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, SIR. UNDER CURRENT LAW,
EVERY FELON IS EXCLUDED FROM BEING ABLE TO SERVE AS AN EXECUTOR FOR AN
ESTATE, AND THIS BILL LIFTS THE AUTOMATIC EXCLUSION WHILE STILL GIVING THE
SURROGATE COURT FULL AUTHORITY TO EVALUATE WHETHER THE FELONY
CONVICTION IN ANY WAY WOULD BE DETRIMENTAL TO THE ESTATE. AND WITH
THAT DISCRETIONARY AUTHORITY REMAINING INTACT WITH THE SURROGATE COURT,
I AGREE WITH MY COLLEAGUE THAT AN AUTOMATIC BAN IS INAPPROPRIATE. AND
SO I'LL BE SUPPORTING IT AND RECOMMEND THE SAME TO MY COLLEAGUES.
THANK YOU, SIR.
ACTING SPEAKER MCDONALD: MR. GOODELL IN
THE AFFIRMATIVE.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD MY
COLLEAGUE, MR. DIPIETRO, IN THE NEGATIVE ON THIS BILL. THANK YOU, SIR.
ACTING SPEAKER MCDONALD: DULY NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 6, RULES REPORT NO. 141.
THE CLERK: SENATE NO. S06610, RULES REPORT NO.
141, SENATOR KRUEGER (JACKSON--A07398). AN ACT TO AMEND THE LOCAL
FINANCE LAW, IN RELATION TO THE SALE OF BONDS AND NOTES OF THE CITY OF
NEW YORK, THE ISSUANCE OF BONDS OR NOTES WITH VARIABLE RATES OR
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INTEREST, INTEREST RATE EXCHANGE AGREEMENTS OF THE CITY OF NEW YORK,
AND THE REFUNDING OF BONDS; TO AMEND CHAPTER 868 OF THE LAWS OF
1975 CONSTITUTING THE NEW YORK STATE FINANCIAL EMERGENCY ACT FOR
THE CITY OF NEW YORK, IN RELATION TO A PLEDGE AND AGREEMENT OF THE
STATE; AND TO AMEND CHAPTER 142 OF THE LAWS OF 2004, AMENDING THE
LOCAL FINANCE LAW RELATING TO INTEREST RATE EXCHANGE AGREEMENTS OF
THE CITY OF NEW YORK AND REFUNDING BONDS OF SUCH CITY, IN RELATION TO
THE EFFECTIVENESS THEREOF.
ACTING SPEAKER MCDONALD: AN EXPLANATION
IS REQUESTED, MS. JACKSON.
MS. JACKSON: SO THE PURPOSE OF THIS BILL IS TO
EXTEND CERTAIN FINANCIAL AUTHORIZATIONS FOR THE CITY OF NEW YORK
RELATED TO INTEREST RATES, EXCHANGE AGREEMENTS, THE SALE OF BONDS AND
NOTES, AND OTHER SIMILAR AGREEMENTS UNTIL JUNE 30TH, 2022.
ACTING SPEAKER MCDONALD: MR. GOODELL.
MR. GOODELL: THANK YOU. WOULD THE SPONSOR
YIELD?
ACTING SPEAKER MCDONALD: WILL THE
SPONSOR YIELD?
MS. JACKSON: I YIELD.
ACTING SPEAKER MCDONALD: THE SPONSOR
YIELDS.
MR. GOODELL: THANK YOU VERY MUCH. CAN YOU
GIVE US AN IDEA APPROXIMATELY HOW MANY BILLION DOLLARS DOES NEW
YORK CITY BORROW ANNUALLY?
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MS. JACKSON: I DON'T HAVE THE ANSWER TO THAT.
MR. GOODELL: BUT WE ARE TALKING SEVERAL BILLION,
RIGHT?
MS. JACKSON: I WOULD ASSUME SO.
MR. GOODELL: YEAH. AND I NOTE THAT THE
AUTHORIZATION TO DO EMERGENCY, TO DO BORROWING WITHOUT GOING THROUGH
A COMPETITIVE BID PROCESS STARTED IN 1975, THE FINANCIAL EMERGENCY
ACT OF THE CITY OF NEW YORK, AND IT WAS SUPPOSED TO BE TEMPORARY
BECAUSE NEW YORK CITY WAS IN A FINANCIAL CRISIS. IS NEW YORK CITY
STILL IN A FINANCIAL CRISIS?
MS. JACKSON: YEAH, SO THE -- THE BILL EXTENDS THE
ABILITY TO MORE EASILY MARKET ITS BONDS AND NOTES, AND UTILIZE MODERN
FINANCING TECHNIQUES BECAUSE OF THAT -- THAT REASON. SO YES.
MR. GOODELL: SO IT'S BEEN NOW 45 YEARS SINCE
NEW YORK CITY HAS BEEN IN A FINANCIAL CRISIS. DO THEY HAVE ANY PLANS
TO ADDRESS THAT FINANCIAL CRISIS ANY TIME WITHIN OUR LIFETIME?
MS. JACKSON: I WOULD LOVE TO BE ABLE TO ANSWER
THAT QUESTION BUT I DON'T -- I WOULD -- I WOULD HOPE THAT THEY ARE
WORKING TOWARDS THAT. BUT FOR RIGHT NOW, WE'RE GOING TO WORK ON
EXTENDING THE BILL AS IS.
MR. GOODELL: I SEE. AS YOU KNOW, EVERY OTHER
MUNICIPALITY ACROSS NEW YORK STATE THAT IS NOT IN A FINANCIAL CRISIS
SELLS THEIR BONDS IN A COMPETITIVE BID PROCESS. THEY DO SO BECAUSE
THEY KNOW THAT BY DOING A COMPETITIVE BID THEY'LL GET THE BEST PRICE,
THE BEST INTEREST RATE, THE BEST TERMS AND CONDITIONS. IS THERE A REASON
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WHY NEW YORK CITY CANNOT OR SHOULD NOT USE A COMPETITIVE BID
PROCESS TO ENSURE THAT IT GETS THE BEST INTEREST RATE, TERMS, AND
CONDITIONS ON ITS BONDS?
MS. JACKSON: I MEAN, WITHOUT THIS LEGISLATION,
THOUGH, NEW YORK CITY WOULD NOT HAVE AS MUCH ACCESS TO CREDIT
MARKETS. THESE PROVISIONS HELP ENSURE NEW YORK CITY CAN CONTAIN ITS
(INAUDIBLE/MIC CUT OUT) OBLIGATIONS DURING BOTH STABLE AND DIFFICULT
TIMES TO UNDERTAKE THE NECESSARY CAPITAL PROJECTS.
MR. GOODELL: WELL, I KNOW THAT THE CITY OF NEW
YORK, BACK IN 1975 WHEN IT WAS FACING BANKRUPTCY, WAS VERY
CONCERNED THAT ANYONE WOULD BID ON THEIR BONDS. HAVE THEY HAD ANY
BOND SALES IN THE LAST, SAY, 40 YEARS WHERE THEY'VE HAD TO POSTPONE THE
BOND SALE BECAUSE THEY DIDN'T HAVE ANYONE TO BUY THEIR BONDS?
MS. JACKSON: ONE SECOND.
(PAUSE)
SO THEY HAVE NOT, BUT IT GIVES THEM THE OPTION AND THE
FLEXIBILITY.
MR. GOODELL: I'M SORRY, I -- THEY HAVE NOT HAD A
PROBLEM, BUT WHAT WAS YOUR COMMENT? I -- I JUST DIDN'T CATCH IT.
MS. JACKSON: RIGHT. SO THEY HAVE NOT HAD THAT
ISSUE, BUT IT GIVES THEM THE FLEXIBILITY.
MR. GOODELL: I SEE. NOW, ONE OF THE PRIMARY
REASONS WHY WE REQUIRE COMPETITIVE BIDDING ALL ACROSS NEW YORK
STATE NOT JUST FOR BONDS, BUT FOR ALMOST EVERYTHING, IS TO ALSO AVOID
FRAUD OR COLLUSION OR FAVORITISM. IS THERE A REASON WHY WE WOULDN'T
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WANT TO PREVENT FRAUD OR COLLUSION OR FAVORITISM IN THE SALE OF NEW
YORK CITY BONDS?
MS. JACKSON: WELL, WE -- THE COMPTROLLER IS STILL
INVOLVED, SO I DON'T -- WE DON'T SEE THAT AS NECESSARILY AN ISSUE BECAUSE
WE STILL HAVE OVERSIGHT.
MR. GOODELL: WELL, THE STATE COMPTROLLER HAS TO
SIGN OFF ON EVERY CONTRACT INVOLVING THE EXPENDITURE OF STATE MONEY
RIGHT, EVEN THOSE THAT ARE COMPETITIVELY BID?
MS. JACKSON: IT'S -- IT'S SPECIFICALLY FOR THIS,
THOUGH.
MR. GOODELL: AND HAS THE STATE COMPTROLLER
RENDERED AN OPINION RECOMMENDING THAT WE ELIMINATE COMPETITIVE
BIDDING IN THE NEW YORK CITY BOND MARKET?
(PAUSE)
MS. JACKSON: OKAY. SO THIS IS STANDARD IN
SITUATIONS AND IT PROVIDES ANOTHER OPTION. IT'S A PRETTY STANDARD
PROCEDURE.
MR. GOODELL: I SEE. THANK YOU VERY MUCH, MS.
JACKSON.
ON THE BILL, SIR.
ACTING SPEAKER MCDONALD: ON THE BILL, MR.
GOODELL.
MR. GOODELL: NEW YORK CITY ISSUES BILLIONS OF
DOLLARS IN BONDS EVERY YEAR. AND WHEN YOU'RE DEALING WITH BILLIONS OF
DOLLARS IN BONDS, A VERY SMALL DIFFERENCE IN INTEREST RATE CAN MAKE
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SOMEBODY AN AWFUL LOT OF MONEY. AND THERE ARE SO MANY WAYS TO
REPAY THE FAVOR OF BEING ABLE TO BUY THOSE BONDS WITHOUT HAVING FACING
ANY COMPETITION THROUGH A -- TO A COMPETITIVE BID PROCESS. WE HAVE
COMPETITIVE BIDDING -- THINK ABOUT THIS. WE HAVE COMPETITIVE BIDDING
FOR CONTRACTS THAT ARE LESS -- THAT INVOLVE LESS THAN A QUARTER OF A
MILLION; YET, WE'RE WAIVING COMPETITIVE BIDDING FOR THESE CONTRACTS THAT
INVOLVE NOT A QUARTER OF A MILLION, BUT BILLIONS WITH A B, WHERE THE
OPPORTUNITY FOR FRAUD AND COLLUSION AND ABUSE IS UNCHECKED, AND
WHERE THE PREMARKET PRESSURES FOR COMPETITION ARE NOT IN PLAY
ANYMORE, AND WHERE WE DON'T HAVE COMPETITION TO KEEP THE INTEREST
RATES AS LOW AS POSSIBLE AND THE TERMS AND CONDITIONS AS BEST AS
POSSIBLE.
AND THESE PROVISIONS CAME INTO EFFECT IN 1975 ON A
TEMPORARY BASIS. WELL MY FRIENDS, MAYBE AFTER 47 YEARS IT'S TIME TO
REQUIRE NEW YORK CITY TO ENGAGE IN AN OPEN, PUBLIC COMPETITIVE BID
REQUIREMENT FOR ITS BONDS TO ENSURE THAT NEW YORK CITY IS GETTING THE
BEST INTEREST RATE AND THAT WE'RE NOT HAVING ANY FRAUD OR COLLUSION OR
FAVORITISM, AND THAT THESE BILLION DOLLAR TRANSACTIONS AREN'T NEGOTIATED
BEHIND CLOSED DOORS OUTSIDE OF THE VIEW OF THE PUBLIC.
SO IT IS TIME TO END THIS PROCESS AND RETURN NEW YORK
CITY INTO THE FOLD OF THE REST OF THE STATE OF NEW YORK WHEN IT COMES
TO MEETING BASIC RESTRICTIONS THAT ENSURE FAIRNESS, EQUITY, AND THE BEST
PRICE FOR THE TAXPAYERS. FOR THAT REASON, I'LL OPPOSE IT AND RECOMMEND
THE SAME TO MY COLLEAGUES. THANK YOU, SIR.
ACTING SPEAKER MCDONALD: THANK YOU, MR.
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GOODELL.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER MCDONALD: THE CLERK WILL
RECORD THE VOTE ON ASSEMBLY BILL 7398. THIS IS A PARTY VOTE. ANY
MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE
POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE
NUMBERS PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION, BUT THOSE WHO
SUPPORT IT ARE ENCOURAGED TO CALL THE MINORITY LEADER'S OFFICE SO WE
CAN PROPERLY RECORD YOUR VOTE. THANK YOU, SIR.
ACTING SPEAKER MCDONALD: THANK YOU, MR.
GOODELL.
MS. HYNDMAN.
MS. HYNDMAN: I WOULD LIKE TO REMIND MY
COLLEAGUES THAT THIS IS A PARTY VOTE. MAJORITY MEMBERS WILL BE
RECORDED IN THE AFFIRMATIVE -- AFFIRMATIVE. IF THERE ARE ANY EXCEPTIONS,
I ASK MAJORITY MEMBERS TO CONTACT THE MAJORITY LEADER'S OFFICE WHERE
YOUR -- AT THE PREVIOUSLY PROVIDED NUMBER AND YOUR NAME WILL BE
ANNOUNCED ACCORDINGLY.
ACTING SPEAKER MCDONALD: THANK YOU, MS.
HYNDMAN.
(THE CLERK RECORDED THE VOTE.)
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MR. RODRIGUEZ TO EXPLAIN HIS VOTE.
MR. RODRIGUEZ: THANK YOU, MR. SPEAKER, FOR THE
OPPORTUNITY TO EXPLAIN MY VOTE. I'D JUST LIKE TO LET THE RECORD SHOW
THAT, YOU KNOW, THERE HAS BEEN SOME CONNOTATION THAT THE CITY OF NEW
YORK BOND TRANSACTIONS ARE POTENTIALLY RIPE FOR FRAUD AND FOR LACK OF
COMPETITION. AND I IN MY PERSONAL EXPERIENCE, I KNOW THAT TO NOT -- TO
BE FURTHER THAN -- FURTHER FROM THE TRUTH. THE NEGOTIATED PROCESS FOR
THE CITY OF NEW YORK ALLOWS THEM TO BE ABLE TO MOVE AHEAD WITH
MULTI-DAY RETAIL ORDER PERIODS THAT ALLOW FOR HUNDREDS OF MILLIONS OF
DOLLARS WORTH OF BONDS TO BE PLACED WITH RETAIL INVESTORS AND -- AND
THAT PROVIDES MORE TRANSPARENCY AND MORE EFFECTIVE PRICING THAN JUST
THE COMPETITIVE PURCHASE THAT WAS DONE STRICTLY BY AN UNDERWRITER.
SO WE KNOW THAT, YOU KNOW, YOU DO NOT NECESSARILY
GET A BETTER PRICE. AND THIS NOTION THAT THERE'S A LACK OF COMPETITION
WHEN YOU HAVE A SYNDICATE WHERE EVERY TRANSACTION, A LEAD
UNDERWRITER IS COMPETING, YOU KNOW, COMPETING AS PART OF THE
SYNDICATE TO BE THE LEAD MANAGER ALLOWS FOR THAT COMPETITION AMONGST
THE -- THE LARGE SYNDICATE THAT THE CITY HAS TO BE ABLE TO GET FAIR PRICING,
GOOD PRICING, CONSISTENT PRICING, AND BE ABLE TO ALLOW A VARIETY OF
INVESTORS TO PARTICIPATE IN A WAY THAT IS -- OCCURS BEYOND JUST A
COMPETITIVE SALE.
SO I SUPPORT THIS LEGISLATION AND THE FLEXIBILITY THAT IT
ALLOWS THE CITY TO DO KNOWING THAT THEY'VE BEEN ABLE TO DO TRANSACTIONS
IN DIFFICULT MARKET CONDITIONS, CERTAINLY DURING THIS PANDEMIC, DURING
THE LAST FINANCIAL CRISIS, AND HAVE MANAGED THAT FLEXIBILITY WELL. SO AS
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A RESULT, I'LL BE VOTING IN THE AFFIRMATIVE AND I ENCOURAGE MY COLLEAGUES
TO DO THE SAME. THANK YOU.
ACTING SPEAKER MCDONALD: MR. RODRIGUEZ
IN THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 6, RULES REPORT NO. 151.
THE CLERK: ASSEMBLY NO. A07656, RULES REPORT
NO. 151, L. ROSENTHAL. AN ACT TO AMEND CHAPTER 436 OF THE LAWS OF
1997, CONSTITUTING THE WELFARE REFORM ACT OF 1997, IN RELATION TO
EXTENDING THE CURRENT EXEMPTIONS OF INCOME AND RESOURCES FOR PUBLIC
ASSISTANCE PROGRAMS.
ACTING SPEAKER MCDONALD: AN EXPLANATION
IS REQUESTED.
MS. ROSENTHAL: THIS BILL WOULD EXTEND FOR TWO
YEARS THE CURRENT INCOME AND RESOURCE EXEMPTIONS TO ENSURE THAT
FAMILIES WILL NOT HAVE TO DIVEST THEMSELVES OF CERTAIN RESOURCES IN
ORDER TO QUALIFY FOR PUBLIC ASSISTANCE.
ACTING SPEAKER MCDONALD: MR. SIMPSON.
MR. SIMPSON: THANK YOU, MR. SPEAKER. WOULD
THE SPONSOR YIELD FOR A FEW QUESTIONS?
ACTING SPEAKER MCDONALD: WILL THE
SPONSOR YIELD?
MS. ROSENTHAL: YES.
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ACTING SPEAKER MCDONALD: THE SPONSOR
YIELDS.
MR. SIMPSON: THANK YOU. I -- I'D LIKE TO START OUT
WITH ASKING, JUST NOT UNDERSTANDING WHY WE HAVE TO DO THIS EXTENSION
EVERY TWO YEARS; IS -- IS THERE A REASON FOR THAT?
MS. ROSENTHAL: WELL, WE HAVE TO DO IT THIS YEAR
BECAUSE WE EXTENDED IT FOR TWO YEARS AND IT'S NOW EXPIRING, WHICH IS
WHY WE HAVE TO EXTEND IT NOW.
MR. SIMPSON: SO I REALIZE THAT, BUT IT'S BEEN
EXTENDED EVERY TWO YEARS FOR QUITE AWHILE, I THINK NOW GOING BACK TO
2001, AND I JUST WONDERED WHAT THE REASONING BEHIND THAT IS.
MS. ROSENTHAL: WELL, THIS IS MY FIRST YEAR
CARRYING THE BILL. I MIGHT IMAGINE THAT THE NUMBER CHANGED SO THAT'S
WHY WE GIVE IT IN TWO YEAR INCREMENTS BECAUSE SOME OF THE NUMBERS
INVOLVED MIGHT CHANGE.
MR. SIMPSON: OKAY. SO I'D LIKE TO START OUT AND --
AND KIND OF GO OVER WHAT ACTUALLY -- WHAT RESOURCES PEOPLE ARE
ACTUALLY ENTITLED TO HAVE UNDER THIS EXTENSION. YOU KNOW, SO IT STARTS
OUT WITH $2,000 IN CASH, $3,000 IF THERE'S A FAMILY MEMBER OVER 60
YEARS OF AGE, AND THERE'S A SEPARATE ACCOUNT UP TO $4,650 USED TO
PURCHASE A VEHICLE OR REPLACE A VEHICLE FOR WORK OR EDUCATION; AM I
CORRECT ON THAT?
MS. ROSENTHAL: I BELIEVE IT'S $4,600 TO BUY OR
REPLACE A CAR.
MR. SIMPSON: WELL, IT SAYS $4,650 HERE IN THE --
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MS. ROSENTHAL: OKAY.
MR. SIMPSON: (INAUDIBLE)
MS. ROSENTHAL: OKAY. WELL -- OKAY.
MR. SIMPSON: THEN THERE'S AN AMOUNT UP TO
$1,400 IN ANOTHER SEPARATE BANK ACCOUNT EXCLUSIVELY FOR TUITION.
MS. ROSENTHAL: CORRECT.
MR. SIMPSON: THEY COULD HAVE A PRIMARY
RESIDENCE.
MS. ROSENTHAL: MM-HMM. WE HOPE SO.
MR. SIMPSON: CAN THEY HAVE A SECONDARY
RESIDENCE?
MS. ROSENTHAL: WELL, IF THEY DO, THEY HAVE TO
SELL IT.
MR. SIMPSON: OKAY. I WANT TO COME BACK TO THAT
IN A MINUTE. AND THEN AUTOMOBILES, WHICH IS SOMETHING NEW THAT I -- I
JUST NOTICED HERE, UP TO $10,000 FAIR MARKET VALUE AND THEN, YOU KNOW,
THAT'S FOR A PERIOD THROUGH MARCH 31, 2017 AND IT GOES UP TO $11-, BUT
THEN AT THE END AFTER APRIL 1ST, 2018 IT WAS CHANGED TO ALLOW THE LOCAL
SOCIAL SERVICES DISTRICT TO INCREASE IT TO ANY AMOUNT THEY WANT; AM I
CORRECT ON THAT, OR...
MS. ROSENTHAL: I THINK THE SOCIAL SERVICE
DISTRICT WOULD INCREASE IT DEPENDING ON HOW MUCH CARS COST IN THAT
AREA. SO IT'S -- BUT IT'S NOT -- IT'S NOT TRUE THAT THEY CAN DO IT. I BELIEVE
IT'S ONLY UP TO $12,000.
MR. SIMPSON: OKAY. AND THEN THERE'S ANOTHER
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ACCOUNT THAT CAN BE SET UP, IT'S AN INDIVIDUAL DEVELOPMENT ACCOUNT
TOWARDS A PURCHASE OF A HOME. SO I'M WONDERING, IF YOU OWN A HOME,
ARE YOU STILL ALLOWED TO HAVE ANOTHER ACCOUNT WITH CASH IN IT TO MAYBE
WORK TOWARDS A SECOND HOME AND STILL FALL UNDER THIS EXTENSION AND
RECEIVE BENEFITS?
MS. ROSENTHAL: I'M CHECKING THAT. NO.
MR. SIMPSON: SO HOW -- WITH ALL THESE ACCOUNTS
THAT I'M TALKING ABOUT OR THAT I'M BRINGING UP THAT'S SPELLED OUT IN THIS
LEGISLATION, HOW DO WE KEEP TRACK OF ALL THIS? I MEAN, THIS SOUNDS LIKE
IT'S -- I DON'T KNOW HOW YOU DO IT.
MS. ROSENTHAL: ARE YOU TALKING ABOUT THE
PERSON WHO HAS THE ACCOUNTS?
MR. SIMPSON: YES. I MEAN, YOU COULD -- YOU
COULD ACTUALLY ACCUMULATE QUITE A BIT OF CASH BY FOLLOWING ALL THESE
INDIVIDUAL ACCOUNTS IF YOU WERE -- YOU KNOW, YOU CAN HAVE A 529 FOR
YOUR COLLEGE EDUCATION, WHICH IS A GREAT THING. BUT, YOU KNOW, IF YOU
TOTAL ALL THESE UP THAT'S -- I DON'T KNOW HOW YOU WOULD MANAGE...
MS. ROSENTHAL: WELL, THAT'S -- THAT'S WHERE THE
SOCIAL SERVICE DISTRICT COMES IN. AND WHEN YOU RECERTIFY, ALL OF THAT IS
EXAMINED.
MR. SIMPSON: OKAY. SO I WANT TO GO BACK TO THAT
SECOND HOME. IF -- I -- I BELIEVE THEY HAVE SIX MONTHS TO SELL IT.
MS. ROSENTHAL: RIGHT.
MR. SIMPSON: SO IF THEY DO SELL IT, IN FACT, AND IT
COULD BE A HOUSE IN, YOU KNOW, PICK A PLACE, MAYBE DOWN ON LONG
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ISLAND OR SOMEWHERE, I THINK I SAW A REFERENCE TO SOMEBODY WHO WAS
CAUGHT DOING THAT AT ONE POINT. HOW DO YOU -- WOULD THEY OWE THOSE
BENEFITS BACK, OR WOULD THEY PAY THOSE BENEFITS BACK OUT OF THE SALE OF
THAT HOME?
MS. ROSENTHAL: THEY HAVE SIX MONTHS TO SELL THE
HOME, AND I DON'T THINK THAT THIS IS A VERY COMMON OCCURRENCE.
MR. SIMPSON: WELL, I -- I'M NOT SURE. I -- I DON'T
THINK THERE'S, YOU KNOW --
MS. ROSENTHAL: I MEAN, YOU HAVE -- YOU HAVE
ONE -- ONE ANECDOTE, BUT THE PEOPLE WHO QUALIFY ARE VERY POOR.
MR. SIMPSON: SO WHY WOULD WE EVEN HAVE THAT IN
THERE THEN IF IT'S NOT EVEN -- I MEAN, IF IT'S SO FEW, WHY WOULD WE
INCLUDE THAT OPTION IN THERE? BECAUSE I THINK THERE -- THERE ARE, YOU
KNOW, REPORTS, THERE'S EXAMPLES OF, IN THE PAST, ABUSE THAT HAS
HAPPENED.
MS. ROSENTHAL: WELL, THERE'S ABUSE IN EVERY
PROGRAM, FIRST OF ALL; HOWEVER, IF SOMEONE REALLY HAS ALL THAT MONEY,
THEY WON'T BE ELIGIBLE FOR PUBLIC ASSISTANCE. SOMETIMES PEOPLE HAVE
WORKED THEIR ENTIRE LIVES TO SAVE UP SOME MONEY. AND, YOU KNOW, IF
THEY CAN'T SELL IT WITHIN THE SIX MONTHS THEN, YOU KNOW, THEN THEY WON'T
BE ELIGIBLE. AND, YOU KNOW, THIS HAPPENS WITH FARMERS, IT HAPPENS
WITH ALL MANNER OF PEOPLE WHO QUALIFY FOR PUBLIC ASSISTANCE.
MR. SIMPSON: RIGHT. SO IF A PURCHASE -- IF A
PERSON -- WE'LL JUST HYPOTHETICALLY SAY A PERSON IS RECEIVING BENEFITS,
THEY HAVE THESE ACCOUNTS THAT ARE SPELLED OUT IN THIS LEGISLATION,
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THEY'VE, YOU KNOW, THEY'RE STAYING WITHIN THE -- THE BENEFITS GUIDELINE
HERE AND THEY HAVE A SECOND HOME. DOES THAT PERSON RECEIVE THE SAME
AMOUNT OF BENEFITS AS THE PERSON THAT IS RENTING, STRUGGLING TO PAY RENT,
MAYBE END UP ON -- I MEAN, IS THERE A RATIO, IS THERE SOME KIND OF TABLE
THAT MAYBE, YOU KNOW, MAKES SURE -- ENSURES THAT THOSE PEOPLE AT THE
BOTTOM WERE RECEIVING THE PROPER AMOUNT OF ASSISTANCE SO THAT, YOU
KNOW, WE CAN KEEP THEM OUT OF -- YOU KNOW, WE CAN MAKE A BETTER
PLACE FOR THEM? GET THEM ON THEIR FEET.
MS. ROSENTHAL: WELL, THAT'S WHY WE ALLOW THEM
TO HAVE CERTAIN, YOU KNOW, THINGS LIKE A -- LIKE A HOME AND A CAR IF --
BUT IF THEY HAVE A SECOND HOME AND THEY DON'T SELL IT, THEN THEY WILL BE
KICKED OFF PUBLIC ASSISTANCE.
MR. SIMPSON: WELL, I THINK THE QUESTION I HAD WAS
DO THEY RECEIVE -- DO THE PEOPLE AT THE TOP --
MS. ROSENTHAL: YES, I'M SORRY -- I'M SORRY, I
WENT OVER THAT. IF THEY SELL IT AND THEY MAKE ANYTHING FROM THAT SALE,
THEN THEIR BENEFIT IS REDUCED.
MR. SIMPSON: NO. AGAIN, WHAT I'M SAYING IS DOES
THAT PERSON THAT HAS THESE ACCOUNTS ESTABLISHED, HAS, I DON'T KNOW,
MAYBE TENS OF THOUSANDS OF DOLLARS IN THE BANK UNDER THESE DIFFERENT,
YOU KNOW, CHECKING ACCOUNTS THAT ARE ALLOWED AND THEY HAVE A SECOND
HOME AND THEY'VE GOT IT UP FOR SALE, ARE THEY RECEIVING THE SAME BENEFIT
LEVEL AS THE PERSON THAT DOESN'T HAVE ALL THIS, DOESN'T HAVE ANY CASH IN
THE BANK, THAT HAS A FAMILY?
MS. ROSENTHAL: THE BENEFIT IS BASED ON INCOME,
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BUT I CAN ASSURE YOU THAT PEOPLE ON PUBLIC ASSISTANCE DO NOT HAVE TENS
OF THOUSANDS OF DOLLARS IN DIFFERENT ACCOUNTS. YOU KNOW, PEOPLE WHO
ARE ELIGIBLE FOR PUBLIC ASSISTANCE, THEY ARE FAR BELOW THE POVERTY LEVEL
SO THEY DON'T HAVE ANY OF -- THE TENS OF THOUSANDS OF PEOPLE THAT YOU'RE
REFERRING TO DON'T REALLY EXIST.
MR. SIMPSON: OKAY. SO WELL, I'M -- I'M JUST USING
THE INFORMATION THAT'S CONTAINED IN THIS LEGISLATION AND IF YOU TOTAL IT UP
WHAT THE POTENTIAL IS, IT CERTAINLY COULD BE.
MS. ROSENTHAL: BUT IT'S NOT. NO, IT COULDN'T BE
BECAUSE THEN THEY WOULDN'T BE ELIGIBLE FOR PUBLIC ASSISTANCE. AND, YOU
KNOW, YOU DO WANT PEOPLE TO HAVE -- TO BE ABLE TO BUILD UP SOME
ASSETS BECAUSE THEY DON'T WANT TO BE ON PUBLIC ASSISTANCE FOREVER, AND
NEITHER DO WE. SO, YOU KNOW, WE -- WE STRIKE A BALANCE HERE.
MR. SIMPSON: I WOULD AGREE WITH YOU. AND THANK
YOU FOR ANSWERING MY QUESTIONS. AND I JUST WANT TO SAY, I DO WANT TO
SEE THOSE PEOPLE THAT -- THAT REALLY TRULY NEED THESE BENEFITS RECEIVE
THEM AND -- AND NOT NEED THEM IN THE FUTURE. SO THANK YOU.
MS. ROSENTHAL: THANK YOU.
MR. SIMPSON: MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. SIMPSON: THANK YOU, MR. SPEAKER. YOU
KNOW, WE JUST HEARD WHAT THE CURRENT -- WHAT WE'RE BEING ASKED TO DO
IS EXTEND THIS CURRENT BENEFIT EXEMPTION -- OR THE RESOURCE EXEMPTIONS
FOR PUBLIC ASSISTANCE. AND WE JUST HEARD WHERE, YOU KNOW, EVERYTHING
IS INCOME BASED. WELL, THERE'S ALSO ANOTHER PART OF OUR POPULATION
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CALLED THE WORKING POOR. IT'S MAYBE A MOTHER WITH SEVERAL CHILDREN
AND, YOU KNOW, HER HUSBAND OR HER SIGNIFICANT OTHER THAT ARE WORKING
MULTIPLE JOBS, TWO AND THREE JOBS. I SEE IT A LOT IN THE NORTH COUNTRY.
AND -- AND THEY'RE JUST ONE CAR BREAKDOWN AWAY FROM BEING ABLE TO
MAKE THEIR ENDS MEET. WELL, THEY'RE WORKING. THEY'RE WORKING
MULTIPLE JOBS. BUT THIS ALLOWS FOR SOMEONE TO POTENTIALLY HAVE
NUMEROUS BANK ACCOUNTS AND ALSO HAVE A SECOND HOME.
MS. ROSENTHAL: NO.
MR. SIMPSON: EVEN IF THEY HAVE A REQUIREMENT OF
SELLING IT WITHIN THE SIX MONTHS, AND I REALLY THINK THE BALANCE IS -- IS
NOT THERE IN THIS. WHAT WE WANT TO DO IS FOCUS THOSE RESOURCES TOWARDS
THOSE PEOPLE THAT TRULY NEED IT. I WOULD HAVE A VERY DIFFICULT TIME
COMING TO MY SOCIAL SERVICES DEPARTMENT AND ASKING FOR ASSISTANCE IF
I HAD A SECOND HOME AND HAD A LOT OF CASH. I WOULD HOPEFULLY SOLVE
THAT PROBLEM LONG BEFORE I GOT TO THAT POINT.
SO FOR THOSE REASONS, I CAN'T SUPPORT THE EXTENSION OF
THIS. I THINK THAT WE NEED TO FIGURE OUT A PROGRAM THAT WORKS. JUST BY
THE FACT THAT WE HAVE TO EXTEND THIS EVERY TWO YEARS AND ADJUST THE
NUMBERS SHOWS THAT MAYBE IT'S NOT WORKING OR IT'S -- IT'S INCREASING, IT'S
NOT DECREASING. SO I REALLY THINK WE NEED TO EVALUATE IT AND ENSURE THAT
THE TAXPAYERS ARE FAIRLY REPRESENTED IN THIS AND ALSO THE PEOPLE THAT ARE
RECEIVING THE PUBLIC ASSISTANCE TRULY RECEIVE THAT BENEFIT, GET THEIR FEET
ON AND MOVE FORWARD. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
MR. GOODELL.
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MR. GOODELL: THANK YOU, SIR. WOULD THE SPONSOR
YIELD?
ACTING SPEAKER AUBRY: MS. ROSENTHAL, WILL
YOU YIELD?
MS. ROSENTHAL: YES, I WILL.
ACTING SPEAKER AUBRY: MS. ROSENTHAL YIELDS.
MR. GOODELL: THANK YOU, MS. ROSENTHAL. MY
COLLEAGUE AND YOU WENT THROUGH A NUMBER OF ITEMS THAT YOU COULD BE
ELIGIBLE IF THIS BILL PASSES AND STILL BE ABLE TO COLLECT WELFARE. WHAT'S
THE TOTAL VALUE OF WHAT YOU WOULD BE ABLE TO OWN AND STILL BE ABLE TO
COLLECT WELFARE?
MS. ROSENTHAL: SAY IT AGAIN, I'M SORRY.
MR. GOODELL: CERTAINLY. WHAT IS THE TOTAL VALUE
OF MONEY AND ASSETS THAT YOU COULD OWN IF WE ADOPT THIS LEGISLATION
AND STILL BE ABLE TO COLLECT WELFARE BENEFITS?
MS. ROSENTHAL: YOU DON'T, I DON'T REALLY THINK
WE CALL IT WELFARE ANYMORE, BUT THE TOTAL NUMBER IS $20,500.
MR. GOODELL: AND THAT'S IN TERMS OF CASH, RIGHT,
OR VEHICLES COMBINED?
MS. ROSENTHAL: IT'S TOTAL ASSETS EQUAL TO THAT
NUMBER.
MR. GOODELL: BUT YOU CAN HAVE A HOUSE OF
UNLIMITED VALUE AND STILL BE ELIGIBLE, CORRECT?
MS. ROSENTHAL: WELL, WOULD YOU RATHER
SOMEONE NOT HAVE A HOUSE?
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MR. GOODELL: NO, I'M JUST ASKING THE QUESTION.
AM I CORRECT YOU COULD HAVE A HOUSE OF UNLIMITED VALUE?
MS. ROSENTHAL: YES.
MR. GOODELL: AND YOU COULD HAVE A SECOND
HOME ALSO WITHOUT ANY LIMITATION ON VALUE, CORRECT?
MS. ROSENTHAL: YOU CANNOT HAVE A SECOND
HOME. YOU MUST SELL IT WITHIN SIX MONTHS OR YOUR BENEFITS ARE TAKEN
AWAY OR REDUCED.
MR. GOODELL: BUT DURING THAT SIX MONTHS, YOU
COULD OWN A SECOND HOME OF UNLIMITED VALUE, CORRECT?
MS. ROSENTHAL: YOU HAVE TO SELL THAT HOME.
MR. GOODELL: AND DURING THE SIX MONTHS THAT
YOU LIST IT FOR SALE, YOU'RE STILL ELIGIBLE FOR BENEFITS, CORRECT?
MS. ROSENTHAL: YOU ARE, BUT YOU HAVE TO -- YOU
HAVE TO GET RID OF IT OR ELSE YOU WON'T COLLECT BENEFITS.
MR. GOODELL: AND DURING THAT SIX MONTHS, THERE'S
NO LIMIT ON THE VALUE OF YOUR SECOND HOME, CORRECT?
MS. ROSENTHAL: YOU KNOW, DISTRICTS WILL HAVE TO
PAY SHELTER ALLOWANCE, SO --
MR. GOODELL: I UNDERSTAND. I'M JUST ASKING --
THIS IS REALLY A YES OR NO QUESTION. IS THERE A LIMIT ON THE VALUE OF THE
SECOND HOUSE?
MS. ROSENTHAL: I'M NOT SURE WHAT YOU'RE GETTING
AT. IF YOU HAVE A SECOND HOUSE, YOU HAVE TO SELL IT SO IT DOES NO GOOD
FOR YOU.
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MR. GOODELL: I SEE. BUT THE STATUTE DOES NOT SAY
YOU CAN OWN A SECOND HOUSE FOR SIX MONTHS IF THE VALUE OF THE HOUSE IS
LESS THAN A QUARTER OF A MILLION OR ANY DOLLAR AMOUNT, CORRECT? THAT'S
NOT IN THE LANGUAGE OF THIS BILL.
MS. ROSENTHAL: IT'S NOT NECESSARY.
MR. GOODELL: I SEE. NOW, THIS PROVIDES THAT YOU
CAN HAVE, FOR EXAMPLE, A VEHICLE THAT'S WORTH $12,000, PLUS AN
ADDITIONAL $4,600 IN A VEHICLE FUND. WHAT HAPPENS IF A PUBLIC
ASSISTANT RECIPIENT TAKES THAT $4,600 AND DRIVES THEIR THOUSAND --
$12,000 VEHICLE ON VACATION? WHAT IS THE SANCTION? DO THEY THEN
HAVE TO REPAY ALL THE PUBLIC ASSISTANCE BENEFITS THEY GOT IN THE
MEANTIME IF THEY USED THAT CASH FOR AN INAPPROPRIATE OR UNAPPROVED
PURPOSE?
MS. ROSENTHAL: AS YOU MAY KNOW, IF THEY TAKE
THAT MONEY THEN THEIR BENEFIT IS REDUCED. AND I MIGHT ADD THAT PEOPLE
WITH DISABILITIES SPEND A LOT OF MONEY ON THEIR VEHICLE, BUT BECAUSE
THIS PROGRAM IS TIGHTLY REGULATED, BENEFIT IS REDUCED IF THEY
INAPPROPRIATELY SPEND THE MONEY.
MR. GOODELL: SO MY QUESTION THEN IS IF THEY TAKE
THE $4,600 CASH THAT THEY PUT ASIDE TO BUY A NEW VEHICLE AND INSTEAD
USE IT FOR SOMETHING ELSE LIKE A VACATION, DOES THAT MEAN THEN THEY LOSE
THEIR ELIGIBILITY, OR ARE THEY FINED?
MS. ROSENTHAL: THEIR BENEFIT WOULD BE REDUCED
IF THEY INAPPROPRIATELY SPEND THE MONEY.
MR. GOODELL: WOULD IT BE ELIMINATED?
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MS. ROSENTHAL: THE BENEFIT WOULD BE REDUCED.
IT COULD BE ELIMINATED BASED ON THE NUMBERS, BUT IT DEFINITELY WOULD BE
REDUCED; HOWEVER, I DON'T BELIEVE THAT MOST PEOPLE WHO ARE ELIGIBLE FOR
PUBLIC ASSISTANCE TAKE VACATION IN THE WAY YOU SEEM TO DESCRIBE IT.
BECAUSE, YOU KNOW, A MOTHER WITH TWO CHILDREN WORKING FULL-TIME AT
MINIMUM WAGE MAKES TOO MUCH MONEY TO QUALIFY FOR PUBLIC
ASSISTANCE. YOU REALLY HAVE TO BE VERY POOR TO QUALIFY.
MR. GOODELL: RIGHT. BUT I MEAN, UNDER THIS BILL
YOU COULD HAVE, AS YOU POINT OUT, $20,000 IN CASH AND A VEHICLE AND
TWO HOMES WITHOUT ANY STATUTORY LIMIT IN VALUE. THAT'S NOT THE PERSON
WE'RE TALKING ABOUT WHO IS REALLY WORKING HARD AND BARELY MAKING IT,
RIGHT?
MS. ROSENTHAL: WELL, YOU'RE MISCONSTRUING OR
MISCOMMUNICATING ABOUT THE SECOND HOME. IF THEY HAVE A SECOND
HOME, THEY HAVE TO SELL IT WITHIN SIX MONTHS AND THEN THEIR BENEFIT
MIGHT BE REDUCED, AS WELL.
MR. GOODELL: AND WHAT HAPPENS WHEN THEY SELL
IT? DO THEY HAVE TO TAKE THE MONEY FROM THE SALE AND PAY BACK THE
TAXPAYERS FOR THE ASSISTANCE THEY RECEIVED IN THE PRIOR SIX MONTHS, OR
CAN THEY JUST POCKET IT?
MS. ROSENTHAL: YOU KNOW, I THINK -- JUST TO
REFRAIN THIS, THE PERSON WE'RE TALKING ABOUT IS SOMEONE WHO HAS
WORKED THEIR ENTIRE LIFE, THEY'VE SAVED FOR RETIREMENT AND MAYBE
THEY'VE HAD AN INJURY. THEY HAVE TO TAKE THE MONEY FROM THE SALE AND
THEY ARE NOT ELIGIBLE FOR THE BENEFIT THEN.
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MR. GOODELL: THANK YOU VERY MUCH, MS.
ROSENTHAL. I APPRECIATE YOUR COMMENTS.
MS. ROSENTHAL: YOU'RE WELCOME.
MR. GOODELL: MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
GOODELL.
MR. GOODELL: EVERY ONE OF US IN THIS CHAMBER
WANT TO HELP PEOPLE WHO ARE DOWN ON THEIR LUCK GET BACK ON THEIR FEET.
WE ALL WANT TO DO THAT. WE'RE ALSO AWARE THAT FOR MANY OF OUR LOCAL
GOVERNMENTS, THE COST OF THESE PROGRAMS ACCOUNTS FOR A SUBSTANTIAL
PORTION OF THEIR TAX LEVY. AND SO WE TRY TO BALANCE OUR DESIRE TO HELP
PEOPLE, ESPECIALLY WHEN THEY'RE DOWN AND OUT, WITH THE COST TO
EVERYONE WHO ACTUALLY IS WORKING A SECOND JOB AND STRUGGLING TO PAY
THEIR PROPERTY TAXES AND KEEP THEIR HOUSE FROM GOING INTO FORECLOSURE.
SO THAT'S THE BALANCING ACT. AND I JOIN WITH MY COLLEAGUE QUESTIONING
WHETHER OR NOT THIS IS THE RIGHT BALANCING ACT.
IF VERY, VERY FEW PEOPLE OWN A SECOND HOME, MAYBE
WE SHOULDN'T ALLOW THEM TO AND STILL QUALIFY FOR TAX-FUNDED BENEFITS.
LET'S JUST TAKE THAT OUT, LET'S CLEAN THIS UP. RATHER THAN HAVING ALL THESE
SEPARATE BANK ACCOUNTS AND IF YOU WANT TO MAXIMIZE YOUR ABILITY TO
KEEP CASH, YOU'D HAVE A HALF DOZEN BANK ACCOUNTS. YOU'D HAVE MORE
BANK ACCOUNTS THAN MOST ACCOUNTANTS. AND LET'S JUST STREAMLINE IT, PUT
IN WHAT'S REASONABLE AND FOCUS ON HOW WE CAN HELP PEOPLE MAKE THAT
TRANSITION. AND I ABSOLUTELY AGREE WITH THE SPONSOR, OUR CHALLENGE IS TO
HELP PEOPLE GET ON THEIR FEET AND MOVE FORWARD SO THAT THEY CAN
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MAXIMIZE THEIR POTENTIAL AND DO SO IN A WAY THAT'S FAIR TO BOTH THEM
AND THE TAXPAYERS. AND UNFORTUNATELY, I DON'T THINK THIS LEGISLATION
STRIKES THE RIGHT BALANCE AND SO I'LL JOIN MY COLLEAGUES IN OPPOSING IT.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: MS. ROSENTHAL ON THE
BILL.
MS. ROSENTHAL: ON THE BILL. I'D JUST LIKE TO CLEAR
UP SOME MISCONCEPTIONS. PUBLIC ASSISTANCE IS FOR PEOPLE WHO ARE VERY
POOR. MOST PEOPLE WOULD RATHER NOT BE ON PUBLIC ASSISTANCE AND
WOULD RATHER HAVE ENOUGH MONEY SO THEY DIDN'T HAVE TO LIVE WITHIN
SUCH A SMALL AMOUNT OF MONEY. THE FEDERAL POVERTY LEVEL FOR A FAMILY
OF THREE IS $21,960. IF A PERSON HAS WORKED THEIR ENTIRE LIFE AND THEN
FALLS ON HARD TIMES AND NEEDS TO GO ON PUBLIC ASSISTANCE, DO WE WANT TO
WIPE OUT EVERYTHING THEY'VE SAVED DURING THEIR LIFETIME? IF RECIPIENTS
ARE NOT ALLOWED TO ACCUMULATE SOME SAVINGS AND RESOURCES SO THAT THEY
CAN BE SELF-SUFFICIENT, THAT WOULD MEAN THAT THEY'D BE ELIGIBLE AND
WOULD NEED PUBLIC ASSISTANCE FOREVER. THIS BILL STRIKES A VERY
IMPORTANT BALANCE. IT LETS PEOPLE ACCUMULATE FUNDING FOR THINGS LIKE
FUNERALS, TUITION, CARS SO THEY CAN GET TO THEIR JOB. THE SAVINGS DO NOT
ENRICH THEM. THEY ARE LIMITED AND IF THEY GO ABOVE A CERTAIN AMOUNT,
THEIR BENEFITS WILL BE REDUCED.
I THINK THE REASON THAT WE EXTEND THIS PROGRAM EVERY
TWO YEARS, IT'S BECAUSE IT'S A GOOD AND FAIR PROGRAM AND THAT IS WHY I'LL
BE VOTING IN FAVOR OF IT. WE DON'T WANT PEOPLE TO BE HOMELESS. THE
LAW IS ALREADY CONSTRUCTED IN A WAY WHERE PEOPLE ARE OFTEN TRAPPED IN
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POVERTY. THEY CAN NEVER EARN ENOUGH TO ACTUALLY GET OFF PUBLIC
ASSISTANCE, AND WE'RE WORKING ON CHANGING THAT, BUT IN THE MEANTIME,
THIS BILL IS NECESSARY AND I'LL BE VOTING FOR IT. THANK YOU.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 7656. THIS IS A PARTY VOTE. ANY MEMBER
WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION
IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS
PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION. THOSE WHO
SUPPORT IT ARE ENCOURAGED TO CALL THE MINORITY LEADER'S OFFICE SO WE
CAN PROPERLY RECORD YOUR VOTE. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MS. HYNDMAN.
MS. HYNDMAN: I WOULD LIKE TO REMIND MY
COLLEAGUES THAT THIS IS A PARTY VOTE. MAJORITY MEMBERS WILL BE
RECORDED IN THE AFFIRMATIVE. IF THERE ARE ANY EXCEPTIONS, MAJORITY
MEMBERS PLEASE CONTACT THE MAJORITY LEADER'S OFFICE AT THE PREVIOUSLY
-- AT THE NUMBER PREVIOUSLY PROVIDED AND YOUR NAMES WILL THEN -- WILL
BE ANNOUNCED ACCORDINGLY.
ACTING SPEAKER AUBRY: SO NOTED.
(THE CLERK RECORDED THE VOTE.)
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ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MS. HYNDMAN.
MS. HYNDMAN: THANK YOU, MR. SPEAKER, AND
THANK YOU TO OUR COLLEAGUES. THE NEXT BILL NUMBER WILL BE CALENDAR
NO. 88 BY MR. GOTTFRIED.
ACTING SPEAKER AUBRY: CERTAINLY. PAGE 10,
CALENDAR NO. 88, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00191-A, CALENDAR
NO. 88, GOTTFRIED, REYES, PAULIN, SIMON, BARRON, STECK, EPSTEIN,
ENGLEBRIGHT, BICHOTTE HERMELYN, GALEF, ABINANTI, NOLAN, JACKSON,
MITAYNES, HEVESI, SOLAGES, L. ROSENTHAL, SAYEGH, GONZÁLEZ-ROJAS,
FORREST, CRUZ. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO
HEALTH EQUITY ASSESSMENTS IN THE ESTABLISHMENT OR CONSTRUCTION OF A
HOSPITAL.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
GOTTFRIED, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. AN EXPLANATION IS REQUESTED, MR. GOTTFRIED.
MR. GOTTFRIED: CERTAINLY. MR. SPEAKER, THIS BILL
DEALS WITH A PROBLEM THAT I THINK THE VAST MAJORITY OF US HAVE FACED IN
OUR DISTRICTS AT ONE POINT OR ANOTHER, AND IF YOU HAVEN'T, YOU'RE
PROBABLY GOING TO, WHICH IS HOSPITALS AND OTHER HEALTH CARE FACILITIES
THAT EITHER PICK UP AND MOVE OR ARE ACQUIRED BY ANOTHER FACILITY AND
ARE DRAMATICALLY DOWNSIZED OR RESTRUCTURED OR REORGANIZED IN ONE WAY
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OR ANOTHER IN WAYS THAT VERY OFTEN ARE DETRIMENTAL TO THE COMMUNITY,
PARTICULARLY MEDICALLY UNDERSERVED POPULATIONS.
AND WHAT THIS BILL DOES IS IT'S -- IN SOME WAYS YOU
COULD ANALOGIZE IT TO -- TO AN ENVIRONMENTAL IMPACT STATEMENT. IT
REQUIRES THAT IF YOU ARE GOING TO BE GETTING WHAT IN OUR LAW WE CALL A
CERTIFICATE OF NEED, WHICH IS WHAT YOU GET IF YOU WANT TO BUILD A
HOSPITAL, MOVE A HOSPITAL, CHANGE THE SIZE OF A HOSPITAL, HAVE YOUR
HOSPITAL MERGED WITH ANOTHER ONE OR BE TAKEN OVER BY ANOTHER ONE, ET
CETERA, THAT IF YOU'RE APPLYING FOR A CERTIFICATE OF NEED, YOU HAVE TO
FILE A HEALTH EQUITY IMPACT STATEMENT, WHICH IS OUTLINED IN THE BILL, THAT
WOULD ASSESS WHAT THE IMPACT OF THIS PROPOSED PROJECT WILL BE ON THE
COMMUNITY, PARTICULARLY THE PARTS OF A COMMUNITY THAT ARE SPELLED OUT
IN THE BILL AS BEING ESSENTIALLY MEDICALLY UNDERSERVED, AT-RISK
POPULATIONS. AND THE BILL DOES NOT SAY -- DOES NOT SET A SUBSTANTIVE
STANDARD. IT DOESN'T SAY IF YOU'RE GOING TO LEAVE THE COMMUNITY HIGH
AND DRY OR A GOOD PART OF THE COMMUNITY HIGH AND DRY, YOU CAN'T DO
THAT. IT -- WHAT IT ONLY SAYS IS IF YOU'RE -- IS THAT WHATEVER YOU'RE GOING
TO BE DOING, YOU HAVE TO LOOK AT WHAT THE CONSEQUENCES WILL BE AND PUT
THAT IN WRITING AND MAKE THAT PART OF YOUR APPLICATION, AND THAT THE --
THE HOSPITAL -- THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL AND THE
HEALTH COMMISSIONER, WHEN THEY ARE CONSIDERING YOUR APPLICATION
THEY SHOULD CONSIDER WHAT YOU HAVE PUT IN YOUR HEALTH IMPACT -- HEALTH
EQUITY IMPACT STATEMENT.
ACTING SPEAKER AUBRY: MR. BYRNE.
MR. BYRNE: THANK YOU, MR. SPEAKER. WILL THE
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SPONSOR YIELD FOR SOME QUESTIONS?
ACTING SPEAKER AUBRY: MR. GOTTFRIED, WILL
YOU YIELD?
MR. GOTTFRIED: CERTAINLY.
ACTING SPEAKER AUBRY: MR. GOTTFRIED YIELDS,
SIR.
MR. BYRNE: THANK YOU. SO YOU MENTIONED I THINK
SOME OF THE JUSTIFICATIONS IN YOUR EXPLANATION FOR THIS LEGISLATION. AND
I KNOW YOU TALKED ABOUT SOME OF THE POTENTIAL PROJECTS, MERGERS,
CLOSURES, THINGS OF THAT NATURE, BUT YOU ALSO DIDN'T MENTION
CONSTRUCTION, AND I THINK THAT'S KIND OF IMPORTANT BECAUSE WE'RE NOT
JUST TALKING ABOUT A HOSPITAL -- HOSPITALS OR HEALTH CARE FACILITIES THAT
MAY BE MOVING, BUT ALSO THAT MAY BE LOOKING TO ADD AND CREATE NEW
FACILITIES AND PROJECTS. WOULD YOU -- WOULD YOU AGREE WITH THAT?
MR. GOTTFRIED: WELL, YES IT COVERS CONSTRUCTION,
IT SAYS THAT IN BLACK AND WHITE, BUT, YOU KNOW, IF YOU'RE REALLY BUILDING
SOMETHING NEW, IF YOU'RE ADDING A WING, WHATEVER, CHANCES ARE YOUR
HEALTH EQUITY ASSESSMENT WILL BE A VERY GLOWING AND POSITIVE
DOCUMENT AND YOU'LL BE -- YOU'LL BE -- YOU'LL BE THANKFUL FOR THE
OPPORTUNITY TO FILE THAT PAPER. BUT SOMETIMES CONSTRUCTION, WHILE YOU
MIGHT THINK, WELL, YOU'RE BUILDING SOMETHING NEW, WHAT COULD BE
WRONG, SOMETIMES THAT CONSTRUCTION CAN BE PART OF A COMPLEX PROCESS
OR SOMETIMES AN ALL TOO SIMPLE PROCESS THAT IS ACTUALLY WITHDRAWING
RESOURCES FROM THE COMMUNITY. I THINK, FOR EXAMPLE, IN THE AREA JUST
EAST OF MY DISTRICT, BETH ISRAEL HOSPITAL BECAME PART OF THE MOUNT
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SINAI CHAIN, AND MOUNT SINAI DECIDED THAT IT MADE SENSE TO WITHDRAW
-- TO REMOVE A LOT OF HEALTH CARE SERVICES FROM BETH ISRAEL AND MOVE
THEM TO THE OTHER, YOU KNOW, WHAT IN MANHATTAN WOULD BE REGARDED AS
A LONG DISTANCE, TWO OR THREE COMMUNITIES AWAY AND MOVE THOSE
SERVICES TO MOUNT SINAI'S MAIN BUILDING ON THE UPPER EAST SIDE. AND
AS PART OF THAT OPERATION, THEY ARE TEARING DOWN THE OLD BETH ISRAEL
BUILDING AND BUILDING A SMALLER -- A MUCH SMALLER BETH ISRAEL BUILDING
ABOUT A BLOCK OR TWO AWAY. NOW, YOU CAN, YOU KNOW, TECHNICALLY THAT
IS A CONSTRUCTION. WHAT IT ACTUALLY IS IS PART OF MOVING SUBSTANTIAL
HEALTH CARE RESOURCES FROM THE COMMUNITY DOWN NEAR UNION SQUARE
AND MOVING IT WAY UPTOWN TO WHERE MOUNT SINAI IS UP -- WAY UP ON
THE UPPER EAST SIDE. NOW --
MR. BYRNE: THANK YOU. CHAIR, I'M NOT TRYING TO
INTERRUPT, I'M LOOKING AT THE TIME --
MR. GOTTFRIED: OKAY.
MR. BYRNE: -- AND I'M GOING TO BE DONE WITH MY
15 MINUTES BEFORE I GET TO MY SECOND QUESTION, SO THANK YOU. YOU DID
ANSWER IT, I UNDERSTAND CONSTRUCTION CAN MEAN MULTIPLE THINGS, BUT YOU
ALSO HIGHLIGHTED OBVIOUSLY THE GOOD CONSTRUCTION PROJECTS THAT COULD
HELP INCREASE HEALTH CARE CAPACITY AND INCREASE ACCESS, WHICH IS ALSO
ALREADY COVERED THROUGH OUR EXISTING CERTIFICATE OF NEED PROCESS; IS
THAT -- WOULD YOU AGREE WITH THAT?
MR. GOTTFRIED: WELL, YES AND NO. ACTUALLY,
ALMOST EVERYTHING THAT WENT ON IN THE MOUNT SINAI/BETH ISRAEL
BUSINESS NEVER WENT THROUGH THE PUBLIC HEALTH AND HEALTH PLANNING
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COUNCIL BECAUSE OF WHAT, IN THE ENVIRONMENTAL WORLD, IS CALLED
SEGMENTATION. THEY DIVIDED -- LIKE SLICING SALAMI, THEY DIVIDED THE
PROJECT INTO A WHOLE SERIES OF LITTLE THINGS, NONE OF WHICH WAS A BIG
ENOUGH THING TO REQUIRE FULL PUBLIC HEALTH AND HEALTH PLANNING
COUNCIL REVIEW, SO THERE NEVER REALLY WAS A -- A-- A FULL-BLOWN PUBLIC
ANALYSIS OF IT. YOU KNOW, IT'S KIND OF LIKE HOW DO YOU BOIL A FROG, YOU
KNOW, YOU RAISE THE TEMPERATURE A LITTLE BIT AT A TIME AND BEFORE YOU
KNOW IT, OH MY GOODNESS, THE BETH ISRAEL WE KNEW IS GONE.
MR. BYRNE: BUT THAT WOULD -- THAT PROJECT NOW
WOULD, UNDER THIS BILL IF IT WERE TO BECOME LAW, WOULD BE SUBJECT TO
THIS HEALTH EQUITY ASSESSMENT.
MR. GOTTFRIED: YES, IT WOULD. IT WOULD NOT
CHANGE THE PROCESS THAT IT GOES THROUGH. IT -- IT WOULD PROBABLY STILL
NOT GO THROUGH THE FULL PHHPC REVIEW, BUT THE VARIOUS PIECES OF IT
WOULD EACH -- BECAUSE THAT'S HOW MOUNT SINAI DID IT, THEY WOULD EACH
BE AN APPLICATION AND EACH APPLICATION WOULD HAVE TO SAY WHAT IT'S
HEALTH EQUITY IMPACT WAS.
MR. BYRNE: OKAY. I DO WANT TO MOVE ON TO A
COUPLE -- I HAVE A FEW QUESTIONS HERE, CHAIRMAN. I NOTICED THAT THE BILL
WAS AMENDED FROM WHEN WE FIRST, I BELIEVE, REVIEWED IT IN THE HEALTH
COMMITTEE.
MR. GOTTFRIED: YES.
MR. BYRNE: CAN YOU HELP EXPLAIN THE JUSTIFICATION
FOR THE AMENDMENT? IT SEEMS THAT THERE WAS AN EXCEPTION INCLUDED?
MR. GOTTFRIED: YES, YES. WHAT THE AMENDMENT
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DOES IS IT EXEMPTS FROM THE HEALTH EQUITY ASSESSMENT REQUIREMENT ANY
APPLICATION BY WHAT THE LAW CALLS A DIAGNOSTIC AND TREATMENT CENTER,
WOULD COMMONLY BE CALLED A COMMUNITY HEALTH CENTER, AS LONG AS IT
DOES NOT INVOLVE A CHANGE IN THE OWNERSHIP OF THAT FACILITY. AND THE
REASON FOR THAT IS THAT THESE FACILITIES TEND TO BE VERY SMALL -- OH, AND
BY THE WAY, IT SAYS IT NOT ONLY HAS TO BE A DTC, BUT AT LEAST HALF OF ITS
PATIENT VOLUME HAS TO BE MEDICAID. SO THESE ARE ALMOST ALWAYS FAIRLY
SMALL FACILITIES. THE VAST MAJORITY OF THEM SERVE VERY POOR PEOPLE AND
EXCEPT WHEN A CHANGE IN OWNERSHIP MIGHT BE INVOLVED, LIKE IF THEY'RE
BEING TAKEN OVER BY ONE OF OUR, YOU KNOW, BIGGER, WEALTHIER HOSPITALS,
THERE IS, YOU KNOW, ROUTINELY NO REAL HEALTH EQUITY ISSUE INVOLVED IN
THIS KIND OF FACILITY.
MR. BYRNE: OKAY. AND ANOTHER QUESTION I HAVE IS
REGARDING THE NATURE AND THE DEVELOPMENT OF THIS HEALTH EQUITY IMPACT
ASSESSMENT, WHICH IS IN ADDITION TO THE CON PROCESS. IT SAYS IN THE
BILL THAT IT SHALL BE PREPARED FOR THE APPLICANT BY AN INDEPENDENT
ENTITY AND INCLUDE THE MEANINGFUL ENGAGEMENT OF PUBLIC HEALTH
EXPERTS, ORGANIZATIONS REPRESENTING EMPLOYEES OF THE APPLICANT,
STAKEHOLDERS AND COMMUNITY LEADERS AND RESIDENTS OF THE APPLICANT
SERVICE AREA. INDEPENDENT ENTITY. SO WHAT IS THE EXPECTATION THAT THE
HOSPITAL OR HEALTH CARE FACILITY IS NOW GOING TO HAVE TO CONTRACT OUT
WITH A CONSULTANT WHO IS GOING TO ENGAGE WITH ALL THESE OTHER FOLKS.
DO WE HAVE AN IDEA OF WHAT THAT COST --
MR. GOTTFRIED: YES.
MR. BYRNE: -- WILL BE TO THOSE FACILITIES AND WHAT
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THAT TYPE OF TIME FRAME WILL BE?
MR. GOTTFRIED: WHAT WE DON'T WANT IS FOR THE
HOSPITAL CEO TO TURN TO A MEMBER OF HIS OR HER STAFF AND SAY, YOU
KNOW, BOB OR JANE, WRITE ME A REPORT, BECAUSE WE KNOW WHAT THAT
WILL PRODUCE. WE WANT THEM AT LEAST TO GO TO AN OUTSIDE ENTITY AND
YES, I UNDERSTAND, I'M A GROWN-UP, I UNDERSTAND THAT WHEN YOU HIRE A
CONSULTANT, YOU ALMOST ALWAYS GET A REPORT THAT TELLS YOU WHAT YOU
WANT, BUT AT LEAST IT WOULD BE DONE BY SOMEBODY IN THE BUSINESS OF
DOING THAT AND HAVE A MODICUM OF SEPARATION FROM YOUR OWN
OPERATION. AND, BY THE WAY, WHEN YOU'RE DOING -- IF -- IF YOU'RE EVER
DOING A CERTIFICATE OF NEED, ALMOST ALL OF THE PAPERWORK AND STUFF THAT
YOU ACCUMULATE IS ROUTINELY DONE BY -- BY AN OUTSIDE ENTITY IN ANY
EVENT, AND THE -- THE ENGAGEMENT WITH EXPERTS AND THE COMMUNITY, ET
CETERA, SIMPLY MEANS DON'T JUST SIT IN YOUR OFFICE AND DREAM THIS ALL UP,
ACTUALLY TALK TO SOME PEOPLE IN THE REAL WORLD. NOT AN ELABORATE
PROCESS, NOT AN EXPENSIVE PROCESS, JUST HAVE SOME CONTACT WITH THE REAL
WORLD, WHICH I THINK WE ALL WANT IF IT WAS OUR HOSPITAL AT STAKE.
MR. BYRNE: WELL, REGARDLESS IF IT'S DONE THROUGH
THE TRADITIONAL CON PROCESS OR THEY'RE DOING THIS THROUGH THIS NEW
ASSESSMENT, IT DOES -- IT IS REVIEWED AND RECEIVED BY THE HEALTH
COMMISSIONER, CORRECT? SO I'D HAVE TO THINK, IS THAT ANOTHER LAYER OF
THIS APPROVAL PROCESS, CORRECT?
MR. GOTTFRIED: WELL, THAT'S --
MR. BYRNE: IT'S NOT JUST BEING DONE BY, YOU KNOW,
THE HOSPITAL.
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MR. GOTTFRIED: WELL, RIGHT. THE CERTIFICATE OF
NEED ULTIMATELY GETS APPROVED DEPENDING ON HOW INVOLVED A PROJECT IT
IS EITHER BY THE COUNCIL AND COMMISSION, OR IT CAN DIRECTLY TO THE
COMMISSIONER. WHAT WE ARE SAYING HERE IS THERE HAS TO BE PRESENTED
BOTH ON THE PUBLIC RECORD AND TO THE DECISION-MAKERS AN ANALYSIS OF
WHAT THIS IS GOING TO DO TO THE COMMUNITY OR PERHAPS FOR THE
COMMUNITY. NOT A -- NOT A BIG DEAL IN MY OPINION, BUT SOMETHING
THAT'S PRETTY ESSENTIAL AND, YOU KNOW, IF YOU'RE ONE OF THE MEMBERS OF
THE ASSEMBLY WHO HAS HAD THIS KIND OF THING HAPPEN TO A HOSPITAL NEAR
YOU, I THINK YOU UNDERSTAND THE IMPORTANCE OF IT. AND LET ME TELL YOU,
IF THIS HASN'T HAPPENED TO A HOSPITAL NEAR YOU, JUST WAIT; IT'S COMING.
MR. BYRNE: NOW, I KNOW IN THE BILL YOU LISTED OUT
AND SPELLED OUT SOME SPECIFIC CRITERIA THAT YOU'RE LOOKING FOR TO BE
INCLUDED IN THIS ASSESSMENT. CAN I ASK, WOULD IT NOT JUST BE EASIER JUST
TO INCLUDE THAT CRITERIA IN THE EXISTING LAW FOR THE CERTIFICATE OF NEED
PROCESS RATHER THAN PUTTING IN A NEW ASSESSMENT? WAS THERE ANY
THOUGHT TO DOING THAT? WAS IT PRIMARILY BECAUSE YOU WANTED THIS
ADDITIONAL INDEPENDENT ENTITY? WOULD IT NOT MAKE MORE SENSE AND
MAYBE MEET --
MR. GOTTFRIED: WELL --
MR. BYRNE: -- SOME OF THEIR GOALS BY PUTTING THAT
CRITERIA IN THE EXISTING LAW?
MR. GOTTFRIED: WELL, THE CRITERIA ARE PUT IN AS
SOMETHING THAT THE COUNCIL OR THE COMMISSIONER HAVE TO CONSIDER. I
MEAN, IT'S NOT A CRITERION IN THE SENSE THAT IF YOU -- IF IT TURNS OUT YOU'RE
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REDUCING SERVICES TO THE POOR THAT THAT MEANS YOUR PROJECT CAN'T BE
APPROVED, SO IT'S NOT A CRITERION IN THAT SENSE. IT IS SOMETHING THAT HAS
TO BE SPELLED OUT ON THE RECORD AND THE COMMISSIONER AND THE COUNCIL
HAVE TO AT LEAST CONSIDER IT. THEY HAVE TO THINK ABOUT WHAT THEY'RE
DOING. IN ORDER FOR THEM TO THINK ABOUT THE CONSEQUENCES, SOMEBODY
HAS TO PRESENT EVIDENCE TO THEM AS TO WHAT THOSE CONSEQUENCES ARE.
YOU KNOW, THE COMMISSIONER DOESN'T WAKE UP EVERY MORNING
KNOWING EXACTLY WHAT THE CONSEQUENCES WOULD BE OF REDUCING, YOU
KNOW, COMMUNITY GENERAL HOSPITAL IN, YOU KNOW, IN A SMALL TOWN IN
UPSTATE NEW YORK STATE. YOU KNOW, THE COMMISSIONER, IF HE'S GOING
TO KNOW THAT, NEEDS TO HAVE EVIDENCE PRESENTED. AND THE IMPACT
STATEMENT WILL DO THAT AND BECAUSE IT WILL BE MADE PUBLIC, PEOPLE IN
THE COMMUNITY WHO SAY, WAIT A MINUTE, THAT'S BUNK, WILL KNOW WHAT'S
BEING SAID AND WILL HAVE AN OPPORTUNITY TO RESPOND.
MR. BYRNE: THANK YOU, CHAIR.
MR. GOTTFRIED: YOU'RE WELCOME.
MR. BYRNE: ON THE BILL, MR. SPEAKER.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
BYRNES [SIC].
MR. BYRNE: I WANT TO THANK THE FORMER SPEAKER,
THE SPONSOR OF THE BILL, FOR HIS EXPLANATION AND TAKING MY QUESTIONS. I
STILL HAVE SOME CONCERNS ABOUT THIS BILL. YOU KNOW, LIVING THROUGH --
ALL OF US, THROUGH THIS PANDEMIC, THERE WERE SOME TERMS AND PHRASES
THAT WE HEARD OVER AND OVER AND OVER AGAIN, IT WAS DRILLED IN MY MIND;
ONE OF THEN WAS FLATTEN THE CURVE, FLATTEN THE CURVE. WE ALSO HEARD A
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LOT ABOUT INCREASING HOSPITAL CAPACITY AND HEALTH CARE CAPACITY. THIS IS
ONE OF MY CONCERNS. WE DO HAVE A CON, A CERTIFICATE OF NEED
PROCESS. I DON'T -- I DON'T WANT TO DO ANYTHING THAT COULD PROLONG AN
ALREADY BURDENSOME PROCESS WHEN WE DEFINITELY WANT TO BE MAKING
SURE PEOPLE CAN BUILD OUT AND ADD NEW HOSPITAL CAPACITY. I UNDERSTAND
THE SPONSOR'S CONCERNS THAT HE EXPRESSED ABOUT ACQUISITIONS AND
REDUCING OR ELIMINATING CERTAIN ACCESS TO CARE IN AREAS, BUT THIS WOULD
ALSO INCLUDE CONSTRUCTION OF NEW FACILITIES AND I DON'T WANT TO BE DOING
ANYTHING THAT COULD ADD TO THAT BURDEN.
I ALSO WOULD JUST MAKE A NOTE FROM SOME OF THE
STAKEHOLDERS THAT HAVE REACHED OUT, THE CON APPLICATION PROCESS
APPLIES TO A BROAD ARRAY OF HEALTH CARE FACILITY ESTABLISHMENT AND
CONSTRUCTION PROJECTS, MANY OF WHICH HAVE ONLY, IN CONNECTION TO
HEALTH EQUITY, AND I DO BELIEVE THAT A LOT OF THE CONCERNS THAT THE
SPONSOR HAS, YOU KNOW, MADE NOTE OF IN SUPPORT OF THIS BILL, I THINK
THERE'S A SIMPLER WAY TO DO THIS. I THINK WE CAN TRY TO TAKE THOSE
CRITERIA AND PUT IT IN THE EXISTING LAW, PUTTING IN ANOTHER INDEPENDENT
ENTITY TO DO ANOTHER REVIEW PROCESS I THINK ADDS ON MORE BUREAUCRACY,
MORE RED TAPE AND, YES, MAYBE NOT A WHOLE LOT OF COST, BUT THERE'S
GOING TO BE A PRICE TAG TO IT, AS WELL. AND WHEN WE'RE AT A TIME TRYING
TO INCREASE HEALTH CARE CAPACITY, I'M NOT SURE THIS IS THE RIGHT WAY. SO I
WILL BE VOTING NO, BUT, AGAIN, I THANK THE SPONSOR FOR HIS TIME IN
ANSWERING MY QUESTIONS. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, MR.
BYRNE.
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MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. WOULD THE SPONSOR
YIELD?
ACTING SPEAKER AUBRY: MR. GOTTFRIED, WILL
YOU YIELD?
MR. GOTTFRIED: CERTAINLY.
MR. GOODELL: THANK YOU, MR. GOTTFRIED. I NOTED
THAT THIS ADDITIONAL PROCESS WITH AN APPLICATION APPLIED ON ANY
CONSTRUCTION, WAS THERE A THRESHOLD ON CONSTRUCTION IN DOLLAR AMOUNT
THAT WOULD TRIGGER THIS ADDITIONAL ANALYSIS, OR WOULD IT APPLY TO FIRST
DOLLAR CONSTRUCTION?
MR. GOTTFRIED: I BELIEVE THAT IN THE -- IN THE
REGULATIONS AND IN THE STATUTE, THERE IS A THRESHOLD AS TO WHAT AMOUNT OF
WORK CONSTITUTES CONSTRUCTION. I MEAN, IF YOU'RE, YOU KNOW, RENOVATING
SOME PATIENT ROOMS, I DON'T THINK THAT TRIGGERS THE DEFINITION OF
CONSTRUCTION. I DON'T HAVE THE PRECISE LANGUAGE OR THE DOLLAR AMOUNT OR
WHATEVER AVAILABLE AT THE MOMENT.
MR. GOODELL: I SEE. BUT THE THRESHOLD WOULD BE
THE SAME AS THE CURRENT CERTIFICATE OF NEED PROCESS?
MR. GOTTFRIED: THIS BILL MAKES NO CHANGE IN
WHAT APPLICATIONS REQUIRE WHAT LEVEL OF REVIEW, NO.
MR. GOODELL: THIS ALSO APPLIES, THOUGH, IF THERE'S
A REDUCTION OF A HOSPITAL SERVICE OR A HEALTH-RELATED SERVICE TO THE
HOSPITAL, CORRECT?
MR. GOTTFRIED: IF THE REDUCTION IN SERVICE IS ONE
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THAT WOULD TODAY TRIGGER CON REVIEW, THEN IT WILL CONTINUE TO UNDER
THIS BILL. IF NOT, THEN IT WOULD NOT. THIS BILL DOES NOT CHANGE AT ALL
WHAT THE CRITERIA ARE THAT TRIGGER WHAT LEVEL OF CON REVIEW, IF ANY.
MR. GOODELL: AS YOU KNOW, THE CATHOLIC HEALTH
SYSTEM IS VERY SENSITIVE ABOUT ABORTION, THEY OPPOSE IT FOR RELIGIOUS
REASONS. FROM TIME TO TIME, THE CATHOLIC HEALTH SERVICES WILL ACQUIRE
ANOTHER HOSPITAL FROM AN EXISTING PROVIDER. WOULD THIS BE THEN
TRIGGERED -- THEIR REFUSAL TO PROVIDE ABORTION SERVICES BE TRIGGERED BY
THIS TYPE OF PROCESS?
MR. GOTTFRIED: IF ONE HOSPITAL IS ACQUIRING
ANOTHER UNDER CIRCUMSTANCES THAT WOULD BRING IT UNDER CON REVIEW
AND THERE ARE SOME WAYS OF ACQUIRING ANOTHER THAT BRING IT UNDER
REVIEW AND SOME THAT DON'T, THEN THIS BILL WOULD REQUIRE THAT THAT
APPLICATION RECITE THE IMPLICATIONS IN TERMS OF ACCESS TO SERVICE FOR
VARIOUS CATEGORIES OF PATIENT; ONE OF THOSE CATEGORIES HAPPENS TO BE
WOMEN. AND SO I WOULD ASSUME IF -- IF A WAS TAKING OVER HOSPITAL B
AND PLANNED ON ELIMINATING MATERNITY CARE, THAT WOULD BE DISCUSSED IN
THE -- IN THE -- IN THE IMPACT STATEMENT.
MR. GOODELL: AND, LIKEWISE, IF THEY WERE
ELIMINATING ABORTION SERVICES?
MR. GOTTFRIED: THAT IS CORRECT.
MR. GOODELL: OKAY.
MR. GOTTFRIED: BUT NOTE, THIS DOES NOT SAY AT ALL
THAT IF YOU ARE ELIMINATING ONE SERVICE OR ALL SERVICES, THAT THAT IS
GROUNDS FOR DENYING, YOU KNOW, THAT THAT'S A -- THAT THAT MAKES YOU
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INELIGIBLE FOR YOUR CON, IT JUST SAYS THAT THE COUNCIL OR THE
COMMISSIONER SHALL CONSIDER WHAT IS IN YOUR STATEMENT. AND I WOULD,
I THINK, YOU WOULD HOPE THAT THEY WOULD CONSIDER ALL THE RELEVANT FACTS
BEFORE MAKING A DECISION.
MR. GOODELL: THANK YOU VERY MUCH, MR.
GOTTFRIED.
ON THE BILL, SIR.
MR. GOTTFRIED: YOU'RE WELCOME.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
GOODELL.
MR. GOODELL: THANK YOU. WE -- FOR THOSE OF US
WHO HAVE BEEN AROUND FOR A FEW YEARS CAN RECALL THAT WHEN THE
MEDICAID SYSTEM WAS FIRST SET UP, I SUSPECT BEFORE SEVERAL OF MY
COLLEAGUES WERE EVEN BORN, IT WAS ON A FEE-FOR-SERVICE BASIS. AND SO
THE HOSPITALS WOULD PREPARE A COST REPORT AND THEY WOULD SEND IT IN TO
THE HEALTH DEPARTMENT AND AS LONG AS THEIR COSTS WERE JUSTIFIED, THE
HEALTH DEPARTMENT WOULD APPROVE THE FEE FOR SERVICE PLAN. AND THAT
ALSO INCLUDED REIMBURSEMENT AS PART OF THE MEDICAID RATE FOR CAPITAL
INVESTMENTS.
WELL, IT DIDN'T TAKE THE STATE LONG TO REALIZE THAT WE
HAD GIVEN A BLANK CHECKBOOK, IF YOU WILL, TO THE HEALTH CARE PROVIDERS
AND WE'RE IN THE PROCESS OF HAVING THE LARGEST AND NEWEST FACILITIES
REGARDLESS OF NEED ANYWHERE IN THE NATION. AND SO THEY PUT IN THE
CERTIFICATE OF NEED PROCESS AND IT WAS DESIGNED AS A CHECKS AND
BALANCE TO THE COST-BASED MEDICAID SYSTEM. WELL, WE HAVEN'T HAD A
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COST-BASED MEDICAID SYSTEM NOW IN DECADES; WE'VE SWITCHED OVER FIRST
TO DRGS AND THEN SOME MODIFICATION. AND SO WE PAY BASED ON
SERVICE RATHER THAN BASED ON THE COST OF PROVIDING THAT SERVICE; YET, THAT
HISTORIC CON PROCESS REMAINS IN FULL COURSE AND EFFECT, EVEN THOUGH
THERE'S REALLY NOT THE SAME JUSTIFICATION BECAUSE IF WE'RE NOT PAYING
BASED ON WHAT YOU SPEND, YOU MIGHT QUESTION WHY ARE WE WORRIED
ABOUT WHAT THE HOSPITALS ARE SPENDING, LET'S FOCUS ON THE OUTCOMES AND
THE PATIENT CARE.
AND IN THAT PROCESS, THERE HAVE BEEN A WHOLE CATEGORY
OF GREAT PEOPLE WHO ARE EXPERTS AT ANALYZING COST REPORTS AD NAUSEAM.
AND SO SOMETIMES THE SIMPLEST CONSTRUCTION PROJECTS IN A HOSPITAL TAKE
WEEKS, MONTHS, AND SOMETIMES EVEN MORE THAN A YEAR TO GET APPROVAL
FOR THE CON. AND I'VE HAD HOSPITAL ADMINISTRATORS COME TO ME AND
POINT OUT THAT THEIR PRIVATE PHYSICIAN GROUPS WERE ABLE TO QUICKLY BUY
THE LATEST IMAGING TECHNOLOGY OR THE LABORATORY EQUIPMENT OR SET UP A
SATELLITE OFFICE ALL DONE, DESIGNED, BUILD, ORDERED, PAID FOR, CONSTRUCTED
BEFORE THE HOSPITAL COULD GET TO FIRST BASE ON THE CON PROCESS.
AND SO WHAT THIS BILL DOES IS IT TAKES A HORRIFICALLY
CUMBERSOME, SLOW, BURDENSOME CON PROCESS AND ADDS ANOTHER
COUPLE LAYERS TO IT. I GUARANTEE THAT NO HOSPITAL CAN BE NIMBLE, QUICK,
AND EFFICIENT IN RESPONDING TO THE HEALTH CARE NEEDS OF -- OF OUR GREAT
STATE. AND I HAVE GREAT CONFIDENCE AND NOW THAT WE'VE MOVED AWAY
FROM A COST-BASED SYSTEM AND WE NO LONGER HAVE AN OPEN CHECKBOOK,
WE OUGHT TO TRUST THE ADMINISTRATION IN OUR HOSPITALS TO MOVE FORWARD
TO PROVIDE THE HIGHEST QUALITY OF CARE THAT THEY CAN IN A FLEXIBLE
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MANNER WITHOUT SPENDING MONTHS, IF NOT YEARS, DEBATING OVER THE WIDTH
OF A DOORWAY OR THE LENGTH OF A HALLWAY, OR ANY OF THE MYRIAD OF MINOR
DETAILS THAT TIE UP VALUABLE PROJECTS. FOR THAT REASON, I WILL JOIN MY
COLLEAGUE, MR. BYRNE, IN OPPOSING THIS BILL. THANK YOU.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 1451-A. THIS IS A PARTY VOTE. ANY MEMBER
WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION
IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS
PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE WILL BE GENERALLY OPPOSED TO THIS LEGISLATION. OF COURSE, IF
A REPUBLICAN LEGISLATOR SUPPORTS IT, THEY ARE ENCOURAGED TO CALL THE
MINORITY LEADER'S OFFICE SO WE CAN RECORD THEIR VOTE PROPERLY. THANK
YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MS. HYNDMAN.
MS. HYNDMAN: THANK YOU, MR. SPEAKER.
MAJORITY MEMBERS WILL GENERALLY BE IN THE AFFIRMATIVE ON THIS. IF THERE
ARE ANY EXCEPTIONS, I ASK MAJORITY MEMBERS TO CONTACT THE MAJORITY
LEADER'S OFFICE AT THE NUMBER PREVIOUSLY PROVIDED AND THEIR NAMES
WILL BE ANNOUNCED ACCORDINGLY.
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ACTING SPEAKER AUBRY: THANK YOU.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MS. HYNDMAN.
MS. HYNDMAN: MR. SPEAKER, DO WE HAVE ANY
FURTHER HOUSEKEEPING OR RESOLUTIONS?
ACTING SPEAKER AUBRY: OH, WE DO HAVE A
FEW.
ON A MOTION BY MR. SAYEGH, PAGE 7, RULES REPORT
NO. 177, BILL NO. 4629-B, AMENDMENTS ARE RECEIVED AND ADOPTED.
ON BEHALF OF MEMBER CYMBROWITZ, ASSEMBLY BILL
RECALLED FROM THE SENATE, BILL NO. 3807, THE CLERK WILL READ THE TITLE OF
THE BILL.
THE CLERK: AN ACT TO AMEND THE PUBLIC HOUSING
LAW.
ACTING SPEAKER AUBRY: THERE IS A MOTION TO
RECONSIDER THE VOTE BY WHICH THE BILL HAS 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.
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ON BEHALF OF MR. MAGNARELLI FOR BILL NO. 6014,
ASSEMBLY BILL RECALLED FROM THE SENATE. THE CLERK WILL READ THE TITLE
OF THE BILL.
THE CLERK: AN ACT TO AMEND THE VEHICLE AND
TRAFFIC LAW.
ACTING SPEAKER AUBRY: THERE IS A MOTION TO
RECONSIDER THE VOTE BY WHICH THE BILL PASSED THE HOUSE.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
THE CLERK WILL ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS BEFORE THE HOUSE AND THE AMENDMENTS ARE
RECEIVED AND ADOPTED.
ON BEHALF OF MRS. GUNTHER, BILL NO. A267, ASSEMBLY
BILL RECALLED FROM THE SENATE, THE CLERK WILL READ THE TITLE OF THE BILL.
THE CLERK: AN ACT TO AMEND THE ARTS AND CULTURAL
AFFAIRS LAW.
ACTING SPEAKER AUBRY: THERE IS A 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.
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AND WE HAVE A -- NUMEROUS FINE RESOLUTIONS, WE WILL
TAKE THEM UP WITH ONE VOTE, MS. HYNDMAN. ON THE RESOLUTIONS, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTIONS ARE
ADOPTED.
(WHEREUPON, ASSEMBLY RESOLUTION NOS. 350-358
WERE UNANIMOUSLY APPROVED.)
MS. HYNDMAN.
MS. HYNDMAN: I NOW MOVE THAT THE ASSEMBLY
STAND ADJOURNED UNTIL 11:30 A.M., WEDNESDAY, JUNE 2ND, TOMORROW
BEING A SESSION DAY.
ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS
ADJOURNED.
(WHEREUPON, AT 8:23 P.M., THE ASSEMBLY STOOD
ADJOURNED UNTIL WEDNESDAY, JUNE 2ND AT 11:30 A.M., WEDNESDAY BEING
A SESSION DAY.)
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