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

                                          1



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                    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.

                                          2



                    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

                                          3



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                    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,

                                          4



                    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

                                          5



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                    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.

                                          6



                    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

                                          7



                    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,

                                          8



                    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

                                          9



                    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

                                         10



                    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

                                         11



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                    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

                                         12



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                    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

                                         13



                    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

                                         14



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                    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.

                                         15



                    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

                                         16



                    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

                                         17



                    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

                                         18



                    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.

                                         19



                    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

                                         20



                    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

                                         21



                    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

                                         22



                    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

                                         23



                    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

                                         24



                    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

                                         25



                    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

                                         26



                    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

                                         27



                    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

                                         28



                    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

                                         29



                    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.

                                         30



                    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.

                                         31



                    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.

                                         62



                    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.

                                         63



                    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.)

                                         73



                    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.

                                         74



                    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

                                         75



                    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

                                         76



                    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.

                                         77



                    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

                                         78



                    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

                                         79



                    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.)

                                         80



                    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

                                         81



                    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

                                         82



                    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,

                                         83



                    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.

                                         84



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                                 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

                                         85



                    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

                                         86



                    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

                                         87



                    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

                                         88



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                    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

                                         89



                    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

                                         90



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                    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

                                         91



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                    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.

                                         92



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                                 (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.

                                         93



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                                 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?

                                         94



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                                 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

                                         95



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                    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?

                                         96



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                                 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

                                         97



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                    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

                                         98



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                    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

                                         99



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                    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

                                         100



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                    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

                                         101



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                    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

                                         102



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                    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.

                                         103



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                                 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

                                         104



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                    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.

                                         105



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                                 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.

                                         106



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                                 (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

                                         107



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                    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?

                                         108



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                                 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

                                         109



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                    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

                                         110



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                    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

                                         111



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                    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.

                                         112



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                    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.)

                                         113



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                                 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

                                         114



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                    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.

                                         115



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                                 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 --

                                         116



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                                 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

                                         117



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                    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

                                         118



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                    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,

                                         119



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                    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,

                                         120



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                    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

                                         121



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                    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.

                                         122



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                                 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?

                                         123



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                                 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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                    NYS ASSEMBLY                                                       JUNE 1, 2021

                                 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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                    NYS ASSEMBLY                                                       JUNE 1, 2021

                                 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.

                                         126



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                                 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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                    NYS ASSEMBLY                                                       JUNE 1, 2021

                    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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                    NYS ASSEMBLY                                                       JUNE 1, 2021

                    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.)

                                         129



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                                 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

                                         130



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                    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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                    NYS ASSEMBLY                                                       JUNE 1, 2021

                    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

                                         132



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                    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

                                         133



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                    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

                                         134



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                    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

                                         135



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                    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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                    NYS ASSEMBLY                                                       JUNE 1, 2021

                                 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

                                         137



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                    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

                                         138



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                    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.

                                         139



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                                 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

                                         140



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                    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

                                         141



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                    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

                                         142



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                    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

                                         143



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                    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.

                                         144



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                                 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.

                                         145



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                                 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.

                                         146



                    NYS ASSEMBLY                                                       JUNE 1, 2021

                                 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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