WEDNESDAY, JUNE 1, 2022 11:58 A.M.
ACTING SPEAKER AUBRY: THE HOUSE WILL COME
TO ORDER.
IN THE ABSENCE OF CLERGY, LET US PAUSE FOR A MOMENT OF
SILENCE.
(WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)
VISITORS ARE INVITED TO JOIN THE MEMBERS IN THE PLEDGE
OF ALLEGIANCE.
(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND
MEMBERS IN THE PLEDGE OF ALLEGIANCE.)
A QUORUM BEING PRESENT, THE CLERK WILL READ THE
JOURNAL OF TUESDAY, MAY 31ST.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I MOVE TO
1
NYS ASSEMBLY JUNE 1, 2022
DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF TUESDAY, 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, SIR. I'D LIKE
TO BEGIN WITH A QUOTE TODAY. THIS ONE IS FROM BOOKER T. WASHINGTON.
MOST OF YOU REMEMBER WHO BOOKER T. WAS FROM OUR HISTORY LESSONS.
NO MATTER WHERE YOU WENT TO SCHOOL AT YOU LEARNED OF HIS WORK. BUT
THE WORDS THAT HE'S SHARING WITH US TODAY, MR. SPEAKER, IS THAT,
EDUCATION IS NOT A THING APART FROM LIFE. IT'S NOT A SYSTEM NOR A
PHILOSOPHY, IT IS THE DIRECT TEACHING OF HOW TO LIVE AND HOW TO WORK.
AGAIN, THESE WORDS FROM BOOKER T. WASHINGTON.
COLLEAGUES AND GUESTS THAT ARE IN THE CHAMBERS, IF
YOU CAN JUST GIVE ME A FEW MINUTES I WILL EXPLAIN WHERE WE'RE GOING
TODAY. COLLEAGUES HAVE ON THEIR DESK A MAIN CALENDAR AND AN
A-CALENDAR AS WELL AS A DEBATE LIST. I MOVE TO ADVANCE THAT
A-CALENDAR, MR. SPEAKER.
ACTING SPEAKER AUBRY: ON MRS. PEOPLES-
STOKES' MOTION THE A-CALENDAR IS ADVANCED.
MRS. PEOPLES--
MRS. PEOPLES-STOKES: THANK YOU, SIR. WE'RE
GOING TO BEGIN OUR WORK TODAY BY TAKING UP RESOLUTIONS WHICH ARE ON
PAGE 3. AND THEN WE'RE GOING TO TAKE UP ON DEBATE WITH CALENDAR NO.
NO. 280 BY MS. ROSENTHAL. AND IMMEDIATELY AFTER THE DEBATE WITH
2
NYS ASSEMBLY JUNE 1, 2022
MS. ROSENTHAL WE'RE GOING TO GO STRAIGHT TO CONSENT THE A-CALENDAR,
BEGINNING WITH RULES REPORT NO. 15 AS WELL AS THE RESOLUTION THAT'S ON
THE A-CALENDAR. FOLLOWING CONSENT, WE WILL THEN TAKE UP THE
FOLLOWING BILLS ON DEBATE WITH CALENDAR NO. 560 BY MS. ROZIC, RULES
REPORT NO. 270 BY MS. PHEFFER AMATO, RULES REPORT NO. 313 BY MS.
FAHY, RULES REPORT NO. 318 BY MR. BRONSON, RULES REPORT NO. 366 BY
MS. CRUZ, RULES REPORT NO. 369, MR. THIELE, RULES REPORT NO. 389,
MR. BRAUNSTEIN, RULES REPORT NO. 390, MR. CAHILL, RULES REPORT NO.
391 BY MR. ANDERSON. I'M JUST GOING TO ASK AGAIN FOR COLLEAGUES'
PATIENCE. MUCH LIKE WE DID YESTERDAY WE'VE GOT A VERY LONG DAY BUT
WE GOT A LOT OF THINGS DONE. WE'D LIKE TO DUPLICATE THAT BY GETTING AS
MUCH OR MORE COMPLETED TODAY. SO I WANT TO THANK YOU IN ADVANCE FOR
YOUR COOPERATION AND YOUR PATIENCE AND YOUR ABILITY TO LET COLLEAGUES
DEBATE WITHOUT A LOT OF CHATTER IN THE CHAMBERS. THANK YOU SO MUCH
FOR THAT IN ADVANCE. IF THERE IS GOING TO BE A NEED FOR FURTHER
ANNOUNCEMENTS, MR. SPEAKER, I WILL ANNOUNCE IT AT THE APPROPRIATE
TIME. NOW IS A GREAT TIME FOR YOU TO DO HOUSEKEEPING AND/OR
INTRODUCTIONS IF YOU HAVE ANY.
ACTING SPEAKER AUBRY: NO HOUSEKEEPING,
MRS. PEOPLES-STOKES. HOWEVER, WE DO HAVE INTRODUCTIONS.
MS. WILLIAMS FOR THE PURPOSE OF AN INTRODUCTION.
MS. WILLIAMS: THANK YOU, MR. SPEAKER, FOR
ALLOWING ME TO SPEAK BEFORE TODAY'S BODY TO TODAY'S COLLEAGUES.
TODAY WE HAVE SOME SPECIAL GUESTS. ONE OF THEM IS VERY SPECIAL WHO
YOU GUYS MAY KNOW, AND THOSE OF YOU WHO ARE NEW MEMBERS. SO I'D
3
NYS ASSEMBLY JUNE 1, 2022
LIKE TO WELCOME ON THIS DAY AS WE CELEBRATE OUR CARIBBEAN CULTURE
FORMER ASSEMBLYMEMBER DIANA RICHARDSON, WHO IS NOW THE DEPUTY
BOROUGH PRESIDENT FOR BROOKLYN. WE HAVE CONSUL GENERAL FROM
TRINIDAD AND TOBAGO, MR. ANDRÉ LAVEAU. WE HAVE CONSUL GENERAL
FOR BARBADOS, MACKIE HOLDER. WE HAVE THE CONSUL GENERAL FOR ST.
LUCIA, JEREMIAH HYACINTH. DOMINICAN REPUBLIC VICE CONSUL IVAN
TOLENTINO. DR. JUDY NEWTON, RETIRED NYPD OFFICER -- SORRY, DETECTIVE.
SHARON LONG. BROOKLYN CHAMBER PRESIDENT RANDY PEERS. AND FROM
BROOKLYN CHAMBER AS WELL, VLADIMIR STERLIN (INAUDIBLE), AND FROM
EMBLEM HEALTH WE HAVE ANN MARIE ADAMSON. AND WE ALSO HAVE
SOME GUESTS FROM BROOKLYN BOROUGH HALL. YOU GUYS CAN ALL STAND.
MR. SPEAKER, I WOULD LIKE YOU TO WELCOME ALL THE
GUESTS TODAY AS WE CELEBRATE CARIBBEAN HISTORY MONTH.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MS. WILLIAMS, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU
HERE, THIS DISTINGUISHED GROUP, TO THE NEW YORK STATE ASSEMBLY,
EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. KNOW THAT WE APPRECIATE THE
CULTURES THAT YOU REPRESENT, THE COUNTRIES THAT YOU REPRESENT, AND THAT
YOU HAVE CHOSEN TO SPEND THIS DAY WITH US IS A HONOR. BUT THEN
PARTICULARLY FOR OUR FORMER MEMBER, AS WE ALWAYS SAY, ONCE A MEMBER,
ALWAYS A MEMBER. SO YOUR PRIVILEGES HAVE BEEN ESTABLISHED FOR LIFE.
SO GOOD TO SEE YOU. HOPE YOU'RE ENJOYING YOUR NEW ROLE IN THE
BOROUGH OF BROOKLYN. BUT TO ALL OF YOU, YOU'RE WELCOME HERE ANY
TIME. THIS IS ALWAYS GOING TO BE A PLACE WHERE YOU WILL FIND A
WELCOMING HOME. THANK YOU SO VERY MUCH. CONGRATULATIONS TO ALL OF
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NYS ASSEMBLY JUNE 1, 2022
YOU.
(APPLAUSE)
MR. LAWLER FOR THE PURPOSES OF A INTRODUCTION.
MR. LAWLER: THANK YOU, MR. SPEAKER. IT IS MY
PRIVILEGE TO INTRODUCE TO THIS BODY LORI ALHADEFF, THE PRESIDENT OF
MAKE OUR SCHOOLS SAFE, AND HER MOTHER TERRY RABINOWITZ. THEY ARE
HERE FROM PARKLAND, FLORIDA WHERE LORI'S DAUGHTER ALYSSA WAS SHOT
EIGHT TIMES IN HER ENGLISH CLASSROOM IN THE HORRIFIC MASSACRE AT
MARJORIE STONEMAN DOUGLAS HIGH SCHOOL ON VALENTINE'S DAY 2018.
MR. SPEAKER, LORI'S COUSIN JORDAN TURNER AND HIS DAUGHTER JANE WHO
LIVE IN ROCKLAND COUNTY, AND THEY HAVE CONNECTED MYSELF AND
ASSEMBLYMAN ZEBROWSKI WITH LORI AND TERRY. SINCE THAT TRAGIC DAY,
LORI AND HER FAMILY HAVE FORMED MAKE OUR SCHOOLS SAFE, A 501(C)(3)
NATIONAL NON-PROFIT ORGANIZED -- ORGANIZATION DEDICATED TO PROTECTING
STUDENTS AND TEACHERS AT SCHOOLS. THEIR MISSION IS TO EMPOWER
STUDENTS AND STAFF TO HELP CREATE AND MAINTAIN A CULTURE OF SAFETY AND
VIGILANCE IN A SECURE SCHOOL ENVIRONMENT. MR. SPEAKER, AS WE SAW JUST
LAST WEEK, ANOTHER SENSELESS SCHOOL SHOOTING THAT TOOK THE LIFE OF 19
CHILDREN AND TWO TEACHERS, DESTROYING FAMILIES ACROSS UVALDE, TEXAS
AND FORCING FAMILIES LIKE THE ALHADEFFS TO RELIVE THE TRAGIC DEATH OF
THEIR DAUGHTER. MR. SPEAKER, THEY ARE HERE TODAY AND WILL BE HERE
THROUGH THE WEEK TO DEMAND ACTION, TO PROTECT OUR SCHOOLS AND TO
ENSURE THAT THIS NEVER HAPPENS AGAIN. THAT IS WHY THEY ARE TIRELESS
ADVOCATES FOR ALYSSA'S LAW, NAMED AFTER HER DAUGHTER, A CRITICAL PIECE
OF LEGISLATION THAT ADDRESSES THE ISSUE OF LAW ENFORCEMENT RESPONSE
5
NYS ASSEMBLY JUNE 1, 2022
TIME WHEN A LIFE-THREATENING EMERGENCY OCCURS BECAUSE TIME EQUALS
LIFE. THE LAW, WHICH HAS PASSED THE STATE SENATE AND IS CARRIED BY MR.
ZEBROWSKI IN THIS CHAMBER, CALLS FOR THE INSTALLATION OF SILENT PANIC
ALARMS THAT ARE DIRECTLY LINKED TO LAW ENFORCEMENT SO IN CASE OF ANY
EMERGENCY THEY WILL GET ON THE SCENE AS QUICKLY AS POSSIBLE AND END
THE THREAT AND TRIAGE THE VICTIMS. MR. SPEAKER, I JOIN THEM IN THEIR
URGENCY TO SEE THIS LEGISLATION PASSED AND ENCOURAGE ALL OF MY
COLLEAGUES HERE TO DEMAND AN UP OR DOWN VOTE BEFORE WE LEAVE
ALBANY THIS WEEK.
MR. SPEAKER, I'D ASK THAT YOU PLEASE WELCOME MS.
ALHADEFF AND MS. RABINOWITZ AND EXTEND ALL THE COURTESIES AND
PRIVILEGES OF THE FLOOR TO THEM, AND MAY WE ALWAYS REMEMBER THEIR
BEAUTIFUL DAUGHTER AND GRANDDAUGHTER ALYSSA AND ALL OF THE CHILDREN
WHO HAVE LOST THEIR LIVES DUE TO GUN VIOLENCE IN OUR SCHOOLS.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. LAWLER, MR. ZEBROWSKI, THE SPEAKER AND ALL THE MEMBERS, WE
WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY. AND WE STAND IN
AWE OF THOSE WHO HAVE SUFFERED AND TURNED THAT SUFFERING INTO THE
PROCESS OF TRYING TO ENSURE NO ONE ELSE FOLLOWS YOU IN THAT TASK. AND
WE UNDERSTAND AND RESPECT THE WORK THAT YOU DO. SO YOU HAVE HERE THE
PRIVILEGES OF THE FLOOR AND ALSO THE HEARTS AND MINDS OF THE PEOPLE OF
THE STATE OF NEW YORK. THANK YOU SO VERY MUCH.
(APPLAUSE)
WE GO TO RESOLUTIONS ON PAGE 3. THE CLERK WILL READ.
THE CLERK: ASSEMBLY RESOLUTION NO. 1040, RULES
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NYS ASSEMBLY JUNE 1, 2022
AT THE REQUEST OF MR. CUSICK.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM JUNE 1, 2022 AS GLOBAL RUNNING DAY IN THE
STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 1041, RULES
AT THE REQUEST OF MS. DAVILA.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM JUNE 1-8, 2022 AS FIBRO -- FIBROADENOMA
AWARENESS WEEK IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 1042, RULES
AT THE REQUEST OF MS. SOLAGES.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM JUNE 13-19, 2022 AS INFANT MENTAL HEALTH
AWARENESS WEEK IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 1043, RULES
AT THE REQUEST OF MR. ZEBROWSKI.
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NYS ASSEMBLY JUNE 1, 2022
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM JUNE 2022 AS MIGRAINE AND HEADACHE
AWARENESS MONTH IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 1044, RULES
AT THE REQUEST OF MS. LUPARDO.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM JUNE 2022 AS DAIRY 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. 1045, RULES
AT THE REQUEST OF MRS. BARRETT.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM JUNE 2022 AS FARMERS MARKET APPRECIATION
MONTH IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 1046, RULES
-- RULES AT THE REQUEST OF MS. WILLIAMS.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
8
NYS ASSEMBLY JUNE 1, 2022
KATHY HOCHUL TO PROCLAIM JUNE 2022 AS CARIBBEAN HERITAGE MONTH IN
THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: MS. WILLIAMS ON THE
RESOLUTION.
MS. WILLIAMS: THANK YOU, MR. SPEAKER, FOR
ALLOWING ME TO SPEAK ON THIS RESOLUTION. AS A PROUD TRINIDAD-
AMERICAN WHO ALSO HAS ROOTS FROM VENEZUELA, TODAY I'M PROUD TO
STAND BEFORE THIS BODY TO PAY TRIBUTE TO THE CULTURAL HERITAGE OF SO
MANY ETHNIC GROUPS WHICH COMPRISE AND CONTRIBUTE TO THE RICHNESS AND
DIVERSITY OF THE CARIBBEAN CULTURE AS WE ADOPT JUNE AS CARIBBEAN
HERITAGE MONTH. AND TODAY WE'LL BE SERVING LUNCH IN ROOM 711-A VIA
OUR LOCAL RESTAURANT BACK IN BROOKLYN FROM TRINI JAM, AND WE ALSO
HAVE CALVIN AND LATOYA, THE SOLE OWNERS THAT'S HERE WITH US.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
MS. CHANDLER-WATERMAN ON THE RESOLUTION.
MS. CHANDLER-WATERMAN: HELLO. THANK YOU
TO THE SPEAKER, MAJORITY LEADER, MY COLLEAGUES, THE ASSEMBLYWOMAN
JAIME WILLIAMS. AS MANY OF YOU KNOW, I'M A PROUD CARIBBEAN
WOMAN FROM BARBADOS AND JAMAICA WHO REPRESENTS A DISTRICT FILLED
WITH THE RICH CULTURE OF OUR PEOPLE. MANY OF -- AND YOU KNOW I HAVE --
I MUST SAY PARDON ME, BIG UP TO MY MENTOR NICK PERRY WHO'S NOT HERE
WITH US BUT ALWAYS WITH ME. MANY OF MY CONSTITUENTS ARE OR COME
FROM IMMIGRANT FAMILIES THAT COME TO THE UNITED STATES IN SEARCH OF
THE OPPORTUNITY FOR A BETTER LIFE OR THE AMERICAN DREAM, AS WE CALL IT.
9
NYS ASSEMBLY JUNE 1, 2022
IT IS THOSE INDIVIDUALS AND OPPORTUNITIES THAT GIVE ME THE INSPIRATION TO
DO THE WORK THAT WE DO. LIKE MANY OF MY COLLEAGUES, MY OFFICE
SERVES AS A COMMUNITY RESOURCE HUB THAT NOT ONLY CONNECTS PEOPLE TO
SERVICES, BUT ALSO LEVERAGE OUR PLATFORM TO ASSIST RESIDENTS TO NAVIGATE
THE IMMIGRATION PROCESS SO THAT WE CAN LIVE, WORK AND PROSPER WITHOUT
FEAR OF BEING TORN AWAY FROM OUR FAMILIES. IT IS OUR OBLIGATION AS
ELECTED OFFICIALS TO SERVE OUR CONSTITUENTS AND WORK TO BRING
COMMUNITIES TOGETHER. UNFORTUNATELY, MANY OF THE ISSUES THAT PLAGUE
MY COMMUNITY CROSS DISTRICT LINES, AND ONLY THROUGH COLLABORATION
BETWEEN ELECTED OFFICIALS AND COMMUNITY STAKEHOLDERS WOULD THESE
CHALLENGES BE SUFFICIENTLY ADDRESSED. I LOOK FORWARD TO WORKING WITH
YOU ALL TO ENSURE THAT WE CREATE A NEW NORMAL FOR OUR PEOPLE WHERE
RESOURCES AND OPPORTUNITIES ARE EASILY ACCESSIBLE TO ALL OF OUR
CONSTITUENTS.
THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES ON THE RESOLUTION.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER, FOR THE OPPORTUNITY TO SPEAK ON THE RESOLUTION. I -- I WANT TO
CONGRATULATE MY COLLEAGUE BECAUSE I THINK IT'S CRITICALLY IMPORTANT THAT
WE DO ASK THE GOVERNOR TO HONOR THE HERITAGE OF THE PEOPLE WHO HAVE
CONTRIBUTED SO MUCH TO THIS COUNTRY. AND, YOU KNOW, WE ARE IN A TIME
AND SPACE IN -- IN THE UNITED STATES WHERE THERE ARE MANY FOLKS WHO
DON'T THINK IMMIGRANTS HAVE A ROLE HERE, AND THEY -- THEY DON'T
UNDERSTAND THAT IF IT WAS NOT FOR PEOPLE LIKE ALEXANDER HAMILTON WE
10
NYS ASSEMBLY JUNE 1, 2022
WOULD NOT EVEN HAVE OUR COUNTRY FOUNDED IN THE WAY THAT IT HAS BEEN.
HE WAS FROM THE CARIBBEAN. AND SO TO -- TO THINK THAT PEOPLE JUST GOT
HERE IS NOT ACCURATE. WE'VE ALWAYS BEEN HERE, CARIBBEANS HAVE ALWAYS
BEEN HERE, AFRICANS HAVE ALWAYS BEEN HERE AND WE'RE BEING JOINED BY
OTHER IMMIGRANTS. BUT IT'S IMPORTANT FOR PEOPLE TO HONOR AND KNOW
THEIR CULTURE. BECAUSE WHEN YOU KNOW YOUR CULTURE AND KNOW YOUR
SOUL, YOU WILL SUCCEED NO MATTER HOW MANY OBSTACLES ARE PUT IN FRONT
OF YOU.
SO, I HONOR MY COLLEAGUE FOR DOING THIS RESOLUTION. I
HONOR ALL HER GUESTS THAT SHE HAS BROUGHT TO CELEBRATE THIS, AND I HOPE
THAT I HAVE TIME TO RUN BY 711-A FOR LUNCH. AGAIN, MR. SPEAKER, I
WANT TO CONGRATULATE HER AND THANK HER FOR HER WORK IN THIS AREA. AND
IT'S GREAT TO SEE OUR COLLEAGUE DIANA RICHARDSON BACK, TOO.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 1047, RULES
AT THE REQUEST OF MS. GLICK.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM JUNE 2022 GAY PRIDE MONTH IN THE STATE OF
NEW YORK.
ACTING SPEAKER AUBRY: MS. GLICK ON THE
RESOLUTION.
MS. GLICK: THANK YOU, MR. SPEAKER. JUNE IS GAY
PRIDE MONTH BECAUSE IN 1969 A GROUP OF FOLKS WHO WERE AT THE
11
NYS ASSEMBLY JUNE 1, 2022
STONEWALL INN WERE TIRED OF THE HARASSMENT AND THE POLICE RAIDS AND
PUSHED BACK AND FOUGHT BACK. AND THE STONEWALL UPRISING WAS THE
BEGINNING OF THE MODERN GAY RIGHTS MOVEMENT. IT IS IN MY DISTRICT. IT
IS NOW A NATIONAL PARK, A HISTORIC SITE. AND WHILE NEW YORK STATE HAS
COME A LONG WAY, IN 2002 WE GUARANTEED BASIC CIVIL RIGHTS FOR LESBIANS
AND GAY MEN IN THIS STATE. THAT WAS 11 YEARS AFTER I BECAME A MEMBER
OF THIS BODY. AND IN 2011, THIS STATE TOOK A MAJOR STEP FORWARD IN
LEGALIZING SAME-SEX MARRIAGE. AND I HAVE TO SAY THAT AS FAR AS WE HAVE
COME OVER THIS PERIOD OF TIME, IT SADDENS ME TO SEE THE RHETORIC THAT
HARKENS BACK TO A DISGRACEFUL PERIOD WHEN LESBIANS AND GAY MEN AND
TRANSGENDER AMERICANS WERE USED AS POLITICAL PAWNS TO INFLAME THE
ELECTORATE FOR POLITICAL PURPOSES. THE GAY AMERICANS DESERVE THE SAME
RESPECT THAT EVERYBODY EXPECTS FOR THEM AND THEIR FAMILIES. WE
DESERVE NO LESS. AND TO HAVE PEOPLE USE THAT NOTION OF GROOMING,
RECRUITING, TO HAVE A BILL IN SOME STATES THAT SAY THAT YOU CAN'T EVEN
DISCUSS IT AND USE CHILDREN AS THE VEHICLE FOR ANXIETY FOR THEIR PARENTS
SHOWS THAT WE ARE NOT AS MATURE A PEOPLE AS WE LIKE TO THINK WE ARE.
WHAT DO FIRST- AND SECOND-GRADERS TALK ABOUT OR KINDERGARTNERS? THEY
TALK ABOUT THEIR FAMILIES. BUT IF YOU HAVE TWO MOMS OR TWO DADS, YOUR
TEACHER IS IN DANGER IF YOU MENTION THAT. SO THERE ARE PARTS OF THIS
COUNTRY THAT DEMONIZE WHO WE ARE AND THEN PRETEND TO TALK ABOUT HOW
THEY'RE -- EVERYBODY'S GOD'S CHILDREN. THOSE WORDS SHOULD STICK IN
THEIR THROATS. SO WE ARE HERE TODAY TO CALL ON THE GOVERNOR TO DECLARE
JUNE GAY PRIDE MONTH BECAUSE WE ARE PROUD OF WHO WE ARE, WE'RE
PROUD OF OUR FAMILIES. WE'RE PROUD OF THE FACT THAT WE HAVE OVERCOME
12
NYS ASSEMBLY JUNE 1, 2022
STIGMA, DISCRIMINATION AND VIOLENCE AGAINST US. WHETHER WE'RE
LESBIAN, GAY, TRANSGENDER SHOULD MAKE NO DIFFERENCE. WE ARE ALL A PART
OF HUMANITY, AND WE ONLY ASK THAT PEOPLE BEHAVE IN THE SAME WAY TO
US AS THEY EXPECT US TO BEHAVE TOWARDS THEM.
NOW, MY PARENTS WERE STRAIGHT. MANY OF OUR PARENTS
WERE STRAIGHT. SO WHERE DID WE COME FROM? WE ARE JUST WHO WE ARE.
WE DON'T HAVE TO GO OUT AND RECRUIT. NOW I'LL TELL YOU, THERE ARE SOME
PEOPLE WE WOULDN'T WANT. THEY SHOW UP ANYWAY. WHY? BECAUSE
PEOPLE ARE JUST PEOPLE. SO, WE'RE HERE TO SAY THANK YOU FOR THE
ADVANCEMENTS WE'VE MADE. WE'RE NOT GOING BACK. THE CLOSET DOOR IS
OPEN. IT'S BEEN TAKEN OFF THE HINGES AND IT DOESN'T MATTER THE RHETORIC
THAT PEOPLE USE, BECAUSE ONCE PEOPLE KNOW WHO THEIR FAMILY MEMBERS
ARE THEY REJECT THE STEREOTYPES.
SO THANK YOU, MR. SPEAKER. I APPRECIATE EVERYBODY'S
KIND ATTENTION, AND I HOPE THAT EVERYBODY HAS A VERY HAPPY GAY PRIDE
MONTH.
ACTING SPEAKER AUBRY: THANK YOU.
MR. BRONSON.
MR. BRONSON: THANK YOU, MR. SPEAKER. IT IS WITH
PRIDE THAT I RISE AND STAND IN SUPPORT OF THIS RESOLUTION BROUGHT BY
ASSEMBLYMEMBER DEBORAH GLICK, AND I THANK HER FOR HER LEADERSHIP
AND THANK HER AND ASSEMBLYMEMBER DANNY O'DONNELL WHOSE
SHOULDERS I STAND ON ALONG WITH THOSE SHOULDERS OF MY LATE FRIEND,
COUNCIL MEMBER TIM O. MAINS. THESE FOLKS ARE TRAILBLAZERS WHO IN
DIFFICULT TIMES IN OUR HISTORY WERE BRAVE ENOUGH TO STAND UP AND SAY
13
NYS ASSEMBLY JUNE 1, 2022
WHO THEY ARE AND TO LIVE AUTHENTICALLY. AS THE SPONSOR MENTIONED, WE
ARE SEEING MORE AND MORE FOLKS IN OTHER STATES IN PARTICULAR WHO ARE
USING OUR COMMUNITY AS A POLITICAL WEDGE. THAT IS UNACCEPTABLE.
MR. SPEAKER, I LIVE BY AND I LEGISLATE BY A SIMPLE
PROPOSITION: THAT NO MATTER WHO YOU ARE, WHAT YOU LOOK LIKE, WHAT
YOUR ABILITY, WHERE YOU COME FROM, WHO YOU LOVE OR HOW YOU IDENTIFY,
WE ALL HAVE DIGNITY. AND WITH THAT DIGNITY WE DESERVE FULL EQUALITY,
JUSTICE AND AN OPPORTUNITY TO SUCCEED. HERE IN NEW YORK STATE WE
HAVE A LONG HISTORY OF FIGHTING FOR EQUALITY FOR ALL. AND CERTAINLY THAT
HISTORY INCLUDES MY COMMUNITY, THE LGBTQ COMMUNITY. BUT WE
HAVE WORK LEFT TO BE DONE. THE FIGHT WILL CONTINUE AND WE WILL FOREVER
STRUGGLE FOR THAT FULL EQUALITY HERE IN NEW YORK AND ACROSS THIS
COUNTRY. BUT GAY PRIDE MONTH GIVES US AN OPPORTUNITY TO LOOK AT THAT
HISTORY. IT GIVES US AN OPPORTUNITY TO CELEBRATE LIVING AUTHENTICALLY. IT
GIVES US AN OPPORTUNITY TO SHOUT OUT LOUD, I AM GAY, I AM PROUD AND I
LOVE WHO I AM. AND I ONLY ASK OUR COMMUNITY AND OUR SOCIETY TO SEE
OUR COMMUNITY WITH THE DIGNITY THAT EACH OF US HAVE INSIDE AND TREAT
US WITH THE JUSTICE AND THE FAIRNESS AND THE HUMANITY THAT EVERY
PERSON, EVERY PERSON DESERVES.
THANK YOU, MR. SPEAKER, AND THANK YOU
ASSEMBLYMEMBER GLICK FOR BRINGING THIS FORWARD.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 1048, RULES
14
NYS ASSEMBLY JUNE 1, 2022
AT THE REQUEST OF MS. REYES.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM JULY 25, 2022 AS AFRO-LATINA --
AFRO-AMERICAN AND AFRO DIASPORA WOMEN'S DAY [SIC] 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. 1049, RULES
AT THE REQUEST OF MS. ROSENTHAL.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM JUNE 2022 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.
MS. WALSH FOR THE PURPOSES OF A INTRODUCTION.
MS. WALSH: GOOD MORNING, MR. SPEAKER, AND
THANK YOU SO MUCH FOR ALLOWING ME TO INTERRUPT THE PROCEEDINGS TO
INTRODUCE A COUPLE OF SPECIAL GUESTS TO THE CHAMBER TODAY. I'D LIKE TO
INTRODUCE CARTER CUKERSTEIN AND HIS MOTHER AND FATHER ALYSSA AND JOSH
CUKERSTEIN WHO ARE HERE IN THE CHAMBER TODAY. CARTER IS A MEMBER OF
THE SHENENDEHOWA VARSITY TRACK AND FIELD TEAM THAT'S LOCATED IN MY
DISTRICT IN CLIFTON PARK, NEW YORK. DURING THIS MOST RECENT INDOOR
TRACK AND FIELD SEASON, CARTER WAS RECOGNIZED AMONG THE TOP SPRINTERS
15
NYS ASSEMBLY JUNE 1, 2022
IN THE UNITED STATES. DURING THE MILLROSE GAMES TRIALS IN JANUARY HE
RAN THE FASTEST 55-METER DASH IN THE COUNTRY AT THIS TIME, POSTING A
6.29- SECOND FINISH. CARTER WOULD THEN GO ON TO BE UNDEFEATED DURING
THE SEASON IN THE 55-METER, WINNING THE NEW YORK STATE CHAMPIONSHIP
IN 6.28 SECONDS. CARTER ALSO SET THE NEW YORK STATE ALL-TIME INDOOR
55- METER AND 60-METER RECORDS DURING THE OCEAN BREEZE ELITE
INVITATIONAL ON STATEN ISLAND. HE'S NOW A SENIOR AT SHENENDEHOWA.
HE HOLDS FIVE ALL-TIME SHENENDEHOWA RECORDS. AND JUST IN CASE YOU
DON'T KNOW, SHENENDEHOWA IS AN ATHLETIC POWERHOUSE. THEY -- THEY
HOLD A LOT OF RECORDS. SO, TO HOLD FIVE ALL-TIME SHENENDEHOWA RECORDS
IS PRETTY BIG, IN THE 55 METER, 60 METER, 4X200 METER, 100 METER AND
200 METER DISTANCES, AND HE'S BEEN A PART OF NUMEROUS SUBURBAN
COUNCIL AND SECTION 2 CHAMPIONSHIP TEAMS FOR THE SCHOOL. HE'S
GRADUATING THIS YEAR. HE'S GOING TO ATTEND THE UNIVERSITY OF OKLAHOMA,
A DIVISION 1 SCHOOL THIS FALL SPRINTING FOR THE SOONERS ON A FULL ATHLETIC
SCHOLARSHIP.
AND I ASK YOU, MR. SPEAKER, TO PLEASE RECOGNIZE
CARTER AND HIS PROUD PARENTS ALYSSA AND JOSH AND WELCOME THEM TO
THE CHAMBER. THANK YOU SO MUCH.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MS. WALSH, THE SPEAKER ALL THE MEMBERS, WE WELCOME YOU HERE TO
THE NEW YORK STATE ASSEMBLY. WE EXTEND TO YOU THE PRIVILEGES OF THE
FLOOR. WE'RE IN AWE OF THE ACCOMPLISHMENTS AS YOU HAVE MADE AS A
RUNNER, OBVIOUSLY WITH THE SUPPORT OF YOUR PARENTS. SO IMPORTANT THAT
YOU HAVE THAT SUPPORT AS YOU PROCEED IN LIFE. LOOKING FORWARD TO
16
NYS ASSEMBLY JUNE 1, 2022
PROBABLY SEEING YOU IN THE OLYMPICS IF IT LOOKS GOOD TO ME, AND I WILL
BE WATCHING INTENSELY FOR YOU, SIR. THANK YOU SO VERY MUCH AND GOOD
LUCK ON YOUR BEGINNING CAREER.
(APPLAUSE)
PAGE 37, CALENDAR NO. 280, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A07926-A, RULES
REPORT NO. 280, L. ROSENTHAL, MEEKS, SIMON, EPSTEIN, ZINERMAN,
GALEF, FERNANDEZ, BURGOS, GOTTFRIED, STECK, SEAWRIGHT, NIOU,
ZEBROWSKI, ABINANTI, CARROLL, PAULIN, GALLAGHER, DINOWITZ, FAHY,
QUART, COLTON, GRIFFIN, HYNDMAN, PRETLOW, BURDICK, O'DONNELL, GLICK.
AN ACT TO AMEND THE PENAL LAW, IN RELATION TO REQUIRING SEMIAUTOMATIC
PISTOLS SOLD IN THIS STATE BE VERIFIED AS A MICROSTAMPING-ENABLED PISTOL;
AND TO AMEND THE EXECUTIVE LAW, IN RELATION TO REQUIRING THE DIVISION
OF CRIMINAL JUSTICE SERVICES TO CERTIFY THE VIABILITY OF
MICROSTAMPING-ENABLED PISTOLS.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MS. ROSENTHAL.
MS. ROSENTHAL: THIS BILL WOULD AMEND THE PENAL
LAW TO REQUIRE THE DIVISION OF CRIMINAL JUSTICE SERVICES TO EXAMINE
THE TECHNOLOGICAL VIABILITY OF MICROSTAMPING-ENABLED PISTOLS, AND IF
SUCH INVESTIGATION DEEMS THE TECHNOLOGY VIABLE WOULD REQUIRE ALL
SEMIAUTOMATIC PISTOLS SOLD IN NEW YORK STATE TO BE MICROSTAMPING-
ENABLED.
MR. SMULLEN: THANK YOU, MR. SPEAKER. WOULD
THE SPONSOR YIELD FOR SOME QUESTIONS, PLEASE?
17
NYS ASSEMBLY JUNE 1, 2022
ACTING SPEAKER AUBRY: MS. ROSENTHAL, WILL
YOU YIELD?
MS. ROSENTHAL: YES.
MR. SMULLEN: WELL, THANK YOU, MS. ROSENTHAL.
SO THANK YOU FOR THAT EXPLANATION. BUT WHAT IS MICROSTAMPING REALLY
ABOUT? YOU AS THE SPONSOR OF THE BILL, COULD YOU TELL US WHAT YOU
MEAN BY THIS BILL?
MS. ROSENTHAL: I CAN EXPLAIN WHAT
MICROSTAMPING IS. IT'S -- IT IS A FORENSIC TECHNOLOGY THAT IMPRINTS A
MICROSCOPIC ARRAY OF CHARACTERS ON A CARTRIDGE CASING TO IDENTIFY THE
MAKE, MODEL AND SERIAL NUMBER OF THE PISTOL. SO, EACH FIREARM HAS A
UNIQUE CODE ENGRAVED INTO THE GUN'S FIRING PIN WHICH IS THEN STAMPED
ONTO EACH CARTRIDGE CASE WHEN THE GUN IS FIRED.
MR. SMULLEN: AND WHAT -- WHAT IS THE PURPOSE,
THEN, OF MICROSTAMPING FROM A CRIMINAL JUSTICE PERSPECTIVE?
MS. ROSENTHAL: THE PURPOSE IS TO TRACK DOWN
THOSE WHO HAVE USED THAT GUN IN -- IN A CRIME.
MR. SMULLEN: SO THE -- THE ULTIMATE PURPOSE IS TO
-- IS TO CATCH CRIMINALS, YOU WOULD SAY?
MS. ROSENTHAL: I WOULD SAY THAT IS SO, AND TO,
YOU KNOW, HELP THE FAMILIES PUT CLOSURE ON -- ON THE CRIME THAT
HAPPENED TO THEM. IT CAN IMPROVE LAW ENFORCEMENT'S ABILITY TO ADDRESS
GUN VIOLENCE, PROVIDE INTELLIGENCE ABOUT MULTIPLE SHOOTINGS CARRIED OUT
WITH THE SAME GUN, ALLOW FOR MORE GUN CRIMES TO BE EASILY TRACED, HELP
-- HELP IDENTIFY LEADS, SOLVE SHOOTINGS AND BRING CLOSURE TO VICTIMS AND
18
NYS ASSEMBLY JUNE 1, 2022
THEIR FAMILIES. SO IT HAS A MULTITUDE OF GOOD PURPOSES.
MR. SMULLEN: SO IN THIS BILL ITSELF THERE'S SOME
DISCUSSION ABOUT THE ACTUAL FEASIBILITY OF THE TECHNOLOGY. THERE'S A
PROVISION IN THE BILL THAT IS GOING TO GIVE SOME RESPONSIBILITY TO THE
STATE POLICE. CAN YOU TELL ME WHAT THE -- WHAT THE STATE POLICE'S ROLE
WOULD BE UNDER YOUR BILL?
MS. ROSENTHAL: WELL, THE STATE POLICE WOULD
HAVE TO CERTIFY OR DECLINE TO CERTIFY THAT MICROSTAMPING-ENABLED PISTOLS
ARE TECHNOLOGICALLY VIABLE.
MR. SMULLEN: SO AT THIS POINT WE DO NOT KNOW IF
THIS TECHNOLOGY IS VIABLE, AND IN DOING SO IN WRITING THE BILL THE FIRST
THING WE MUST DO IS ACTUALLY TASK OUR PREEMINENT LAW ENFORCEMENT
ORGANIZATION TO ACTUALLY SEE IF THE TECHNOLOGY WILL WORK?
MS. ROSENTHAL: WELL, THERE HAVE BEEN STUDIES
THAT SHOW THAT IT ACTUALLY -- IT HAS PROVEN TO BE VIABLE, BUT WE JUST WANT
TO MAKE SURE DCJS --
MR. SMULLEN: WHAT -- WHAT STUDIES ARE YOU
REFERRING TO?
MS. ROSENTHAL: I CAN -- HOLD ON A SECOND. THE
COALITION TO STOP GUN VIOLENCE HAS A PAPER, MICROSTAMPING
TECHNOLOGY PRECISE AND PROVEN. I CAN FORWARD YOU THE ARTICLE. LAST --
THIS IS LAST VISITED ON MAY 10TH, 2022. SO THAT'S THE MOST NOTABLE AND
MOST --
MR. SMULLEN: SO IT'S A STUDY -- IT'S A --
MS. ROSENTHAL: -- AND MOST RECENT RESEARCH ON
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NYS ASSEMBLY JUNE 1, 2022
MICROSTAMPING --
MR. SMULLEN: THE MOST RECENT RESEARCH BY
MOSTLY AN ANTI-GUN ORGANIZATION. I -- I'LL TAKE THAT FOR WHAT IT IS. WHAT
OTHER STATES HAVE IMPLEMENTED MICROSTAMPING HERE IN THE UNITED
STATES?
MS. ROSENTHAL: WELL, CALIFORNIA.
MR. SMULLEN: SO CALIFORNIA HAS AN ACTIVE
MICROSTAMPING PROGRAM AND A LAW THAT'S ON THE BOOKS?
MS. ROSENTHAL: WELL, THAT ONE HAS A LONG HISTORY
INCLUDING AN ATTEMPT BY MANUFACTURERS TO GET AROUND THE LAW, AND THEY
WERE NOT -- THEY DID NOT WORK TOGETHER WITH THE STATE GOVERNMENT. SO
THAT -- THAT LAW TALKED ABOUT NEWLY -- NEW MODELS OF SEMIAUTOMATIC
GUNS. AND SO THE MANUFACTURER SAID, WELL, WE'RE JUST NOT GOING TO
MAKE NEW MODELS.
MR. SMULLEN: SO THE --
MS. ROSENTHAL: THEY WERE TRYING TO THWART THE
INTENT AND THE ABILITY FOR MICROSTAMPING TO PLAY A ROLE IN LAW
ENFORCEMENT.
MR. SMULLEN: SO THE -- THE 2007 CALIFORNIA LAW
HAS BEEN A FAILURE IS WHAT YOU'RE SAYING.
MS. ROSENTHAL: WELL, THAT'S WHAT YOU WOULD CALL
IT. I WOULD CALL IT A FIRST ATTEMPT AND THEY'VE DONE SUBSEQUENT --
SUBSEQUENT LEGISLATION.
MR. SMULLEN: AND WHAT -- YOU KNOW, FOR THAT
CALIFORNIA LAW IT'S BEEN 15 YEARS. DOES CALIFORNIA SELL PISTOLS NOW THAT
20
NYS ASSEMBLY JUNE 1, 2022
ONLY HAVE MICROSTAMPS?
MS. ROSENTHAL: WELL, WHAT THEY'RE DOING IN
CALIFORNIA, IN 2020 THEY PASSED A NEW LAW TO ADDRESS THE OBSTRUCTION
CREATED BY THE MANUFACTURERS WHO REFUSED TO PARTICIPATE IN LAW
ENFORCEMENT'S EFFORTS TO IDENTIFY CRIMINALS. AND THEY PASSED A NEW
LAW TO ENSURE THAT MORE HANDGUNS CERTIFIED FOR SALE AND MANUFACTURED
COME EQUIPPED WITH BASIC LIFESAVING CONSUMER SAFETY FEATURES AS WELL
AS MICROSTAMPING MECHANISMS. SO, BEGINNING ON JULY 1ST OF 2022 THE
LAW WILL DIRECT DOJ TO REMOVE THREE OLDER LESS SAFE SEMIAUTOMATIC
PISTOL MODELS FROM ITS ROSTERS, ROSTER HANDGUNS CERTIFIED FOR SALE IN
CALIFORNIA FOR EVERY NEW CERTIFIED MICROSTAMPING MODEL. AND
EVENTUALLY, SLOWLY BUT SURELY, IT WILL ENSURE THAT MORE COMMERCIALLY-
AVAILABLE HANDGUNS BECOME FULLY COMPLIANT WITH CALIFORNIA'S MODERN
SAFETY -- GUN SAFETY LAWS OVER TIME.
MR. SMULLEN: SO -- SO IT HASN'T BEEN IMPLEMENTED
AND WE'RE -- WE'RE STILL STRUGGLING WITH THE TECHNOLOGY IN CALIFORNIA.
TELL ME A LITTLE BIT ABOUT THE ACTUAL TECHNOLOGY ITSELF. WHO OWNS IT?
HOW MANY ACTUAL ORGANIZATIONS OR -- OR CORPORATIONS THAT WORK WITH
THESE GUN MANUFACTURERS OWN THIS TECHNOLOGY?
MS. ROSENTHAL: WELL, WE KNOW AT LEAST TWO
MANUFACTURERS THAT PRODUCE MICROSTAMPING MECHANISMS FOR
SEMIAUTOMATIC PISTOLS AND WE ALSO ANTICIPATE THAT OTHER COMPANIES WILL
FOLLOW. THE TECHNOLOGY IS NOT PATENTED, AND SO THE BILL ALLOWS -- ALSO
ALLOWS TIME FOR THIS TO OCCUR. BUT IT IS SOMETHING THAT EXISTS AND WE
PREDICT THAT MORE COMPANIES WILL PARTICIPATE IN THE MICROSTAMP
21
NYS ASSEMBLY JUNE 1, 2022
TECHNOLOGY FIELD.
MR. SMULLEN: BUT -- BUT AT THIS POINT CALIFORNIA
DOES NOT HAVE A -- A VALID VERIFIABLE VIABLE MICROSTAMPING TECHNOLOGY
THAT'S BEEN IMPLEMENTED AFTER 15 YEARS?
MS. ROSENTHAL: WELL, THIS IS NEW YORK STATE SO
WE DO THINGS DIFFERENTLY.
MR. SMULLEN: OKAY. WELL, THANK YOU. I NEED TO
MOVE ON TO A DIFFERENT AREA OF THIS PROPOSED LAW. THERE'S AN UNLAWFUL
SALE PROVISION THAT'S IN THE LAW. DOES THIS AFFECT -- DOES THIS TAKE EFFECT
IMMEDIATELY UPON PASSAGE OF THIS LAW IF THE GOVERNOR SIGNS IT?
MS. ROSENTHAL: NO, IT DOESN'T AND LET ME -- WELL,
ASK THE NEXT QUESTION.
MR. SMULLEN: DOES THIS UNLAWFUL SALE PROVISION
PROHIBITING THE SALE OF PISTOLS WITHOUT MICROSTAMPING TECHNOLOGY TAKE
EFFECT IMMEDIATELY UPON SIGNATURE BY THE GOVERNOR?
MS. ROSENTHAL: NO -- NO, IT DOES NOT.
MR. SMULLEN: SO IT TAKES EFFECT AFTER THE -- THE
STATE POLICE'S EVALUATION OF THE TECHNOLOGY, THEIR PROMULGATION OF
REGULATIONS, ABOUT FOUR YEARS IS WHAT -- WHAT I THINK THE LAW SAYS?
MS. ROSENTHAL: UP TO FOUR YEARS.
MR. SMULLEN: I'M SORRY?
MS. ROSENTHAL: UP TO FOUR YEARS.
MR. SMULLEN: UP TO FOUR YEARS, RIGHT. FIFTEEN
YEARS IN CALIFORNIA, NEW YORK HAS FOUR YEARS TO IMPLEMENT IT FOR THIS
-- THIS PARTICULAR TECHNOLOGY. SO AFTER THAT POINT, THEN, NO PISTOLS IN
22
NYS ASSEMBLY JUNE 1, 2022
NEW YORK WOULD BE ALLOWED TO BE SOLD WITHOUT MICROSTAMPING
TECHNOLOGIES IF ALL GOES ACCORDING TO YOUR PLAN.
MS. ROSENTHAL: YES.
MR. SMULLEN: AND -- AND WHAT DOES THAT MEAN
FOR THE PISTOLS THAT ARE ALL ALREADY LAWFULLY LICENSED BY PEOPLE IN NEW
YORK? WHAT -- WHAT DOES THAT MEAN FOR THOSE -- THOSE LAW-ABIDING
CITIZENS?
MS. ROSENTHAL: I MEAN THIS LAW APPLIES TO
PISTOLS MANUFACTURED AFTER THIS LAW GOES INTO EFFECT.
MR. SMULLEN: AND HOW MANY PISTOLS ARE LICENSED
IN NEW YORK STATE? HOW MANY LAWFUL GUN OWNERS WILL THIS AFFECT?
MS. ROSENTHAL: I'M NOT SURE.
MR. SMULLEN: NO -- NO IDEA?
MS. ROSENTHAL: WELL, I HAVE SOME IDEA BUT
MAYBE YOU CAN TELL ME.
MR. SMULLEN: WELL, IF WE'RE GOING TO PASS A LAW,
IT WOULD BE INCUMBENT TO -- TO KNOW HOW MANY OF OUR CITIZENS THAT THIS
ACTUAL LAW IS GOING TO AFFECT, AT LEAST IN MY --
MS. ROSENTHAL: WELL WE CAN'T -- WE DON'T KNOW
BECAUSE IT'S FUTURE PURCHASES.
MR. SMULLEN: RIGHT. AND -- AND THIS WOULD ONLY
AFFECT SEMIAUTOMATIC PISTOLS --
MS. ROSENTHAL: YES.
MR. SMULLEN: -- IT WOULDN'T AFFECT REVOLVERS --
MS. ROSENTHAL: NO.
23
NYS ASSEMBLY JUNE 1, 2022
MR. SMULLEN: -- HISTORICAL OR ANY ANTIQUE
FIREARMS?
MS. ROSENTHAL: CORRECT.
MR. SMULLEN: AND SO, YOU KNOW, KNOWING THAT
AND KNOWING HOW MANY PISTOLS ARE ACTUALLY LICENSED IN NEW YORK
STATE, HOW WILL THIS ACTUALLY DO ANYTHING WITH STOLEN GUNS THAT ARE USED
BY CRIMINALS? WHAT LAWFUL GUN OWNERS WHO REGISTER THEIR PISTOLS WITH
THE STATE TO NOT COMMIT CRIMES BECAUSE THEY'RE -- THEY'RE ACTUALLY --
THEIR -- THEIR PURPOSES OF OWNING ARE FOR THE -- THE FUNDAMENTALS OF THE
SECOND AMENDMENT. FOR THOSE CRIMINALS WHO CAN SIMPLY FILE OFF THE
MICROSTAMPING DEVICE ON THE -- ON THE BREECH OF THE -- OF THE PISTOL OR
CHANGE THE FIRING PIN, HOW -- HOW IS THAT GOING TO STOP A CRIMINAL FROM
-- FROM EVADING THIS LAW?
MS. ROSENTHAL: WELL, ONE MIGHT ASK THE SAME
QUESTION ABOUT EVERY LAW WE PASS THAT CRIMINALS DO NOT ADHERE TO. THE
FACT ABOUT CRIMINALS REMOVING THE MICROSTAMP CODE, THAT WOULD BE
PROHIBITED AND IT WOULD BE A CRIME. BUT CRIMINALS DON'T OBEY THE LAW.
SO THEY'RE NOT GOING TO OBEY ANY NEW LAWS, EITHER, PERHAPS, BUT WE
HOPE THEY WILL.
MR. SMULLEN: SO --
MS. ROSENTHAL: THAT'S WHY WE'RE ALL HERE, TO
PASS LAWS THAT PEOPLE WILL OBEY.
MR. SMULLEN: BUT IT -- BUT IT'S YOUR ESTIMATE AS
THE SPONSOR OF THE BILL AND BY YOUR OWN ADMISSION THAT CRIMINALS DON'T
FOLLOW THE LAW, THAT IT'S -- IT'S A MUCH LESS CRIME TO SAY, LET'S FILE OFF
24
NYS ASSEMBLY JUNE 1, 2022
THIS -- THIS BREECH MARKING AND THEN PUT A FIRING PIN IN -- A DIFFERENT
FIRING PIN IN, AND THEN THE GUN BECOMES UNTRACEABLE IN THE COMMISSION
OF MORE SERIOUS CRIMES. SO --
MS. ROSENTHAL: I MEAN, IF YOU LOOK UP IN THE
DICTIONARY "CRIMINAL", CRIMINAL IS SOMEONE WHO DOES NOT FOLLOW THE
LAW. THAT APPLIES TO EVERY LAW WE PASS HERE. BUT THERE -- THERE ARE
PENALTIES, AND THIS GIVES LAW ENFORCEMENT ANOTHER TOOL, WHICH I THINK
WE ALL WANT TO GIVE THEM AND THAT THEY WANT TO HAVE BETTER WAYS TO
TRACK DOWN WHO -- WHO COMMITTED A CRIME CONNECTED WITH PERHAPS
OTHER CRIMES THAT WERE COMMITTED BY THE SAME INDIVIDUAL. THIS IS
WHAT LAW ENFORCEMENT NEEDS TO CONTINUE IN ITS QUEST TO PROTECT SOCIETY.
MR. SMULLEN: BUT WE'RE GOING TO LET THE STATE
POLICE DECIDE WHETHER THE TECHNOLOGY IS VIABLE?
MS. ROSENTHAL: YOU DON'T TRUST THE STATE POLICE?
MR. SMULLEN: I -- I'M JUST -- I'M ASKING THE
QUESTION.
MS. ROSENTHAL: WELL --
MR. SMULLEN: IN THIS -- HOW THIS LAW IS WRITTEN --
MS. ROSENTHAL: YES.
MR. SMULLEN: THE STATE POLICE WILL DECIDE.
MS. ROSENTHAL: WE -- DCJS WILL DECIDE IF THE
TECHNOLOGY IS VIABLE.
MR. SMULLEN: VERY GOOD. WELL, THANK YOU FOR
THAT.
SO, A FEW FOLLOW-UP QUESTIONS REGARDING LAWFUL GUN
25
NYS ASSEMBLY JUNE 1, 2022
OWNERS. WHAT IS YOUR ESTIMATE OF THE COST, THE ADDITIONAL COST THAT
MICROSTAMPING WILL HAVE FOR LAWFUL GUN OWNERS TO BUY NEW FIREARMS
GOING FORWARD FOUR YEARS FROM NOW IF THIS LAW IS DEEMED VIABLE BY THE
STATE POLICE THROUGH DCJS?
MS. ROSENTHAL: RIGHT. I MEAN, I'VE HEARD AND
I'VE READ ABOUT IT ADDS ABOUT $1.50, IT COULD BE $5 IN COST PER FIREARM.
MR. SMULLEN: HOW MUCH?
MS. ROSENTHAL: IT COULD BE $1.50 TO $5 IN COST
PER FIREARM.
MR. SMULLEN: PER FIREARM. SO WHAT ABOUT THE
ACTUAL COST FOR MAINTAINING THE DATABASE AND THE ACTUAL SYSTEM ITSELF
FOR -- FOR THESE LOOK -- LOOKING AFTER THESE THINGS? IF WE'RE GOING TO --
WE'RE TRYING TO USE THIS TO SOLVE CRIMES. WE THINK THAT CRIMINALS DON'T
-- ARE -- ARE GOING TO EVADE IT BY AVOIDING THE MICROSTAMPING
TECHNIQUES. BUT THE ACTUAL APPLICATION OF THE DATABASE ITSELF, WHO'S
GOING TO MAINTAIN THAT?
MS. ROSENTHAL: WELL, THIS BILL DOES NOT CREATE A
NEW DATABASE. A DATABASE ALREADY EXISTS INTO WHICH THESE -- THESE
ALPHANUMERIC CODES CAN BE LOADED.
MR. SMULLEN: AND ABOUT HOW MANY --
MS. ROSENTHAL: NO PUN INTENDED.
MR. SMULLEN: AND ABOUT HOW MANY CRIMES PER
YEAR INVOLVE HANDGUNS WHERE THIS MICROSTAMPING TECHNIQUE WOULD BE
USEFUL TO PEOPLE TRYING TO SOLVE CRIMES?
MS. ROSENTHAL: I MEAN, WE DO KNOW THAT FROM
26
NYS ASSEMBLY JUNE 1, 2022
2019 TO 2020, GUN HOMICIDES INCREASED 76 PERCENT WHICH IS THE
HIGHEST RATE IN 15 YEARS. AND DATA FROM 2021 FROM CITIES ACROSS THE
STATE SUGGEST THAT GUN HOMICIDES REMAIN PERSISTENTLY HIGH. IN
ROCHESTER, FOR EXAMPLE, FROM 2019 TO 2021, SHOOTINGS INCREASED BY
143 PERCENT. THEY DOUBLED IN NEW YORK CITY AND IN BUFFALO, AND IN
ALBANY THEY INCREASED BY 83 PERCENT.
MR. SMULLEN: WELL, THANK YOU VERY MUCH FOR
ADMITTING THAT CRIME IS OFF THE CHARTS SINCE WE'VE REPEALED MANY OF THE
CRIMINAL JUSTICE LAWS. IN -- IN MY MIND IT WOULD HELP --
MS. ROSENTHAL: BUT I DIDN'T EXACTLY SAY THAT --
MR. SMULLEN: -- REMOVE THOSE CRIMINALS FROM THE
STREET --
MS. ROSENTHAL: -- YOU CAN INFER WHAT YOU WANT
TO INFER.
MR. SMULLEN: THANK YOU. THERE WAS -- I DIDN'T --
I DIDN'T DETECT A NUMBER IN THERE ABOUT HOW MANY CASES THIS IS -- THIS IS
ACTUALLY GOING TO HELP US SOLVE AND WHETHER OR NOT THE JUICE IS WORTH
THE SQUEEZE HERE. BUT MY TIME IS RUNNING SHORT.
MR. SPEAKER, ON -- ON THE BILL, PLEASE.
ACTING SPEAKER AUBRY: ON THE BILL.
MR. SMULLEN: UNFORTUNATELY, THIS TECHNOLOGY AS A
TOOL IN -- IN CRIMINAL JUSTICE MATTERS IS -- IS LARGELY UNACHIEVABLE. FOR
15 YEARS CALIFORNIA HAS NOT BEEN ABLE TO MAKE A GO AT IT. IT'S GOING TO
ONLY SIMPLY ADD TO THE COST FOR LAWFUL GUN OWNERS. AND THAT'S
PROBABLY THE REAL PURPOSE OF THIS BILL, IS TO INCREASE THE COST OF GUN
27
NYS ASSEMBLY JUNE 1, 2022
OWNERSHIP FOR THOSE WHO LAWFULLY, PROPERLY UNDER THE SECOND
AMENDMENT EXERCISING THEIR RIGHTS HAVE THESE PARTICULAR KIND OF
PISTOLS. THIS IS COMPLETELY UNFEASIBLE WHEN YOU THINK ABOUT HOW
MANY PISTOLS THERE ARE THAT ARE LAWFULLY OWNED, AND THEN GOING
FORWARD THIS WILL EFFECTIVELY PRECLUDE THE SALE AFTER WE GO THROUGH THIS
CHARADE OF FOUR YEARS OF EVALUATING WHETHER OR NOT THE TECHNOLOGY IS
USABLE. IT'S GOING TO EFFECTIVELY PRECLUDE THE SALE OF PISTOLS IN NEW
YORK STATE. AND IT HAD A CHILLING EFFECT IN CALIFORNIA. IT'S CERTAINLY
GOING TO HAVE THAT EFFECT HERE IN NEW YORK. AND UNFORTUNATELY, IT
WON'T DO ANYTHING TO MAKE OUR SCHOOLS SAFER, WHICH IS I THINK THE
PURPOSE OF THIS -- THIS DEBATE THAT'S GOING TO GO ON THIS WEEK AS FAR AS
GUN CONTROL IN NEW YORK.
(BUZZER SOUNDS)
AND THIS IS REALLY ABOUT CONTROLLING GUNS. IT'S A BAD
BILL. IT'S BEEN HERE BEFORE AND WE SHOULD VOTE NO. THANK YOU, MR.
SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. ANGELINO.
MR. ANGELINO: THANK YOU, MR. SPEAKER. WILL
THE SPONSOR YIELD FOR SOME QUESTIONS?
ACTING SPEAKER AUBRY: MS. ROSENTHAL, WILL
YOU YIELD?
MS. ROSENTHAL: SURELY.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. ANGELINO: THANK YOU, SIR. THIS WILL -- THIS
28
NYS ASSEMBLY JUNE 1, 2022
WON'T BE AS LONG AS I EXPECTED BECAUSE MY LEARNED COLLEAGUE TO MY LEFT
ANSWERED MANY -- ASKED MANY OF MY QUESTIONS AND I APPRECIATE YOUR
ANSWERS. SO, I -- I BELIEVE IT WAS IN 2010 CALIFORNIA STARTED THEIR
MICROSTAMPING. IS THAT WHAT YOU HAVE IN YOUR NOTES?
(PAUSE)
IT'S BEEN SOME TIME --
MS. ROSENTHAL: I JUST WANT TO GET THE EXACT --
MR. ANGELINO: YEAH, IT'S -- IT'S BEEN SOME TIME.
SO WE CAN SAY ABOUT A DECADE?
MS. ROSENTHAL: YEAH, DEFINITELY.
MR. ANGELINO: ARE THERE ANY EXAMPLES FROM
CALIFORNIA OF WHERE MICROSTAMPING HAS BEEN SUCCESSFUL IN AN
INVESTIGATION AND LED TO A PROSECUTION?
MS. ROSENTHAL: IT HASN'T BEEN IMPLEMENTED YET,
SO WE DON'T HAVE INFORMATION ON THAT.
MR. ANGELINO: OKAY. THE -- THE MICROSTAMPING,
JUST TO NAME ITSELF, MICRO MEANS TINY. WILL THE MICROSTAMP ON THE
FIREARM BE VISIBLE TO THE NAKED EYE OR IS THIS MICROSCOPE THINGS WE'RE
TALKING ABOUT?
MS. ROSENTHAL: I MEAN, IT'S MICROSCOPIC, ONE
WOULD SAY, TO GET -- TO GET IT ON THE, YOU KNOW, THE CASING.
MR. ANGELINO: AND I -- I DID SOME RESEARCH ON
THIS AND I -- THERE'S DIFFERENT PORTIONS OF THE -- THE HANDGUN THAT CAN BE
LASER ENGRAVED.
MS. ROSENTHAL: RIGHT.
29
NYS ASSEMBLY JUNE 1, 2022
MR. ANGELINO: ONE IS THE BREECH, THE OTHER IS THE
FIRING PIN.
MS. ROSENTHAL: IT'S JUST THE --
MR. ANGELINO: WHAT DOES YOUR BILL PROPOSE?
MS. ROSENTHAL: THE PIN.
MR. ANGELINO: THE FIRING PIN.
MS. ROSENTHAL: YES.
MR. ANGELINO: OKAY. THE -- THE FIRING PIN IS A
MOVING PART INSIDE THE WEAPON, AND I -- I GUESS WHEN THE FIRE PIN
STRIKES THE AMMUNITION, MICROSTAMPED --
MS. ROSENTHAL: YES.
MR. ANGELINO: -- IMPRESSION IS LEFT.
MS. ROSENTHAL: ON THE CASING.
MR. ANGELINO: -- AND THE SPENT SHELL CASING IS
EJECTED.
MS. ROSENTHAL: ON THE CASING, YES.
MR. ANGELINO: RIGHT. AND LAW ENFORCEMENT IS
GOING TO FIND THE SHELL CASING.
MS. ROSENTHAL: CORRECT.
MR. ANGELINO: GOT IT. SO THERE -- THEY'LL BE ABLE
TO TIE THE CASING THAT THEY FIND AT THE SCENE, MAYBE THERE'S A GUN LEFT
BEHIND, I DON'T KNOW, BUT THEY WILL KNOW WHICH PISTOL FIRED THEM.
MS. ROSENTHAL: YES, THEY SHOULD.
MR. ANGELINO: AND THE -- A HANDGUN -- YOU
KNOW, I DON'T THINK CRIMINALS GO OUT AND BUY A BRAND-NEW HANDGUN
30
NYS ASSEMBLY JUNE 1, 2022
SPECIFICALLY LOOKING FOR MICROSTAMPING BECAUSE THAT'S THE NEWEST
TECHNOLOGY. THEY -- THEY'LL PROBABLY BE USING OLDER FIREARMS. ONCE
MICROSTAMPING TAKES PLACE AND THAT METAL-ON-METAL CONTACT HAPPENS
AND IT HAPPENS DURING AN EXPLOSION, HOW MANY FIRINGS DO THE EXPERTS
SAY BEFORE THAT MICROSTAMP WEARS OFF?
MS. ROSENTHAL: WELL, NOT FOR A VERY LONG TIME.
THEY'VE CONDUCTED TESTS WHERE THEY FIRED THOUSANDS UPON THOUSANDS OF
ROUNDS AND THE -- THE TECHNOLOGY STOOD UP VERY WELL.
MR. ANGELINO: THERE WAS NO OBLITERATION OR
DEGRADATION?
MS. ROSENTHAL: YOU KNOW, EVEN IF THERE WAS A
LITTLE BIT, THERE WAS ENOUGH THERE TO HELP IDENTIFY WHERE IT CAME FROM.
MR. ANGELINO: WELL, THAT'S AMAZING BECAUSE I -- I
READ A STUDY HERE ON MY DESK THAT SAID IT'S OBLITERATED --
MS. ROSENTHAL: NO --
MR. ANGELINO: -- AFTER ABOUT A THOUSAND FIRINGS.
MS. ROSENTHAL: NO, NO I -- THAT'S NOT MY
INFORMATION.
MR. ANGELINO: OKAY. I'M SURE WE HAVE BIASED
STUDIES THAT WE'RE EACH LOOKING AT, WITHOUT A DOUBT.
AND THIS IS ONLY FOR SEMIAUTOMATIC HANDGUNS.
MS. ROSENTHAL: YES.
MR. ANGELINO: CRIMINALS GENERALLY DON'T WANT TO
CAUGHT. WE CAN AGREE THERE, CORRECT?
MS. ROSENTHAL: YES. UNLESS THEY DO.
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NYS ASSEMBLY JUNE 1, 2022
MR. ANGELINO: WELL, SOMETIMES THEY'RE NOT THE
BRIGHTEST --
MS. ROSENTHAL: BUT THAT'S A DEEPER
PSYCHOLOGICAL ISSUE. YES.
MR. ANGELINO: YES. BUT THE -- GENERALLY
SPEAKING, CRIMINALS WANT TO COMMIT THEIR CRIME AND GET AWAY.
MS. ROSENTHAL: YEP.
MR. ANGELINO: DO YOU THINK THERE'S GOING TO BE
AN INCREASE IN THE USE OF REVOLVERS THAT DO NOT EJECT THEIR CASINGS?
MS. ROSENTHAL: I MEAN, THIS HASN'T HAPPENED YET
SO I CAN'T PREDICT THE FUTURE. BUT IN ANY EVENT, THERE WERE STILL BE
SEMIAUTOMATIC PISTOLS OUT THERE THAT LAW ENFORCEMENT CAN USE THE
MICROSTAMPING TECHNOLOGY TO PURSUE THE PEOPLE WHO COMMITTED
CRIMES.
MR. ANGELINO: SO THE NEW TECHNOLOGY IN THE NEW
PISTOLS THAT WILL -- CAN ONLY BE PURCHASED LAWFULLY BY A PERMITTED GUN
OWNER, THOSE ARE THE ONES THAT ARE GOING TO BE HOLDING THE
MICROSTAMPING UNLESS THEY GET STOLEN FROM THE OWNER.
MS. ROSENTHAL: MM-HMM.
MR. ANGELINO: SO, AGAIN, I -- YOU KNOW,
CRIMINALS AREN'T DUMB, THEY DON'T WANT TO GET CAUGHT. I THINK WE'RE
GOING TO SWITCH TO REVOLVERS.
MS. ROSENTHAL: RIGHT.
MR. ANGELINO: AND IN MY EXPERIENCE THERE'S
MANY MORE REVOLVERS THAN HANDGUNS BECAUSE THEY'VE BEEN AROUND
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NYS ASSEMBLY JUNE 1, 2022
LONGER. THE -- I HEARD THE -- I HEARD BOTH. STATE POLICE AND DCJS IS
GOING TO CERTIFY THE VIABILITY OR IS IT -- OR IS THAT WRONG?
MS. ROSENTHAL: DCJS.
MR. ANGELINO: DCJS.
MS. ROSENTHAL: YES.
MR. ANGELINO: OKAY. I DID HEAR --
MS. ROSENTHAL: AND -- AND ALSO I JUST WANTED TO
COMMENT WHAT YOU SAID EARLIER IS THAT JUST BECAUSE SOMEONE BUYS A
GUN LAWFULLY AND ALL THAT DOESN'T MEAN THEY WON'T COMMIT A CRIME.
MR. ANGELINO: THAT'S CORRECT.
MS. ROSENTHAL: YES. SO A MICROSTAMPED
LAWFULLY-BOUGHT SEMIAUTOMATIC CAN ALSO BE USED IN A CRIME.
MR. ANGELINO: AND THE SAME GOES WITH ANYTHING,
ANY LAW THAT WE HAVE, THOUGH. YOU KNOW, I CAN BUY A NEW --
MS. ROSENTHAL: YEAH.
MR. ANGELINO: -- CAR AND BE ARRESTED FOR DRUNK
DRIVING.
MS. ROSENTHAL: YEAH, BUT YOU WERE -- YOU WERE
SAYING ONLY UNLAWFUL --
MR. ANGELINO: RIGHT.
MS. ROSENTHAL: -- AND SOME WILL BE LAWFULLY
BOUGHT.
MR. ANGELINO: I -- I THINK I ASKED ABOUT THE
CALIFORNIA AND I READ, TOO, THAT THEY'VE BEEN DOING THIS FOR QUITE A
WHILE.
33
NYS ASSEMBLY JUNE 1, 2022
MS. ROSENTHAL: MM-HMM.
MR. ANGELINO: DO YOU ENVISION THAT WE'RE GOING
TO BE MORE SUCCESSFUL THAN CALIFORNIA AT THIS?
MS. ROSENTHAL: WELL, WE ALWAYS WANT NEW
YORK TO BE MORE SUCCESSFUL THAN ANY OTHER STATE, BUT I THINK THAT WE
HAVE LEARNED FROM THEIR EXPERIENCE AND THIS BILL HAS BEEN DRAFTED AND
-- AND THOUGHT ABOUT AND CREATED TO NOT MEET SOME OF THE PITFALLS OF THE
CALIFORNIA LAW.
MR. ANGELINO: WELL, THE -- THE FIRING PIN IS AN
EASILY REMOVED ITEM ON A GUN AND CAN -- FIRING PINS BREAK.
MS. ROSENTHAL: MM-HMM.
MR. ANGELINO: SO WHAT HAPPENS WHEN A GUN
OWNER HAS A FIRING PIN THAT DOES SNAP UNDER THE EXPLOSION? WHERE DO
THEY GET A NEW FIRING PIN THAT'S BEEN MICROSTAMPED? AT MY HOME RIGHT
NOW I HAVE MORE THAN ONE FIRING PIN FOR A COUPLE OF WEAPONS JUST FOR
THAT OCCASION.
MS. ROSENTHAL: YEAH. ONE SEC.
(PAUSE)
SO, IF A MICROSTAMPING COMPONENT OF A
MICROSTAMPING-ENABLED PISTOL WHEN IT'S DAMAGED OR IN NEED OF
REPLACEMENT, THEN THAT CAN HAPPEN. LAWFULLY, THE -- THE BILL PROVIDES
FOR THAT TO BE REPLACED FOR A LEGITIMATE PURPOSE THAT IS ONLY USED FOR
THAT PURPOSE. SO YES, IT COULD BE REPLACED.
MR. ANGELINO: OKAY. THE -- THE FIRING PIN,
AGAIN, IT'S A DELICATE PART, IT'S ONE OF THE SMALLER PARTS, AND IT -- IT LOOKS
34
NYS ASSEMBLY JUNE 1, 2022
LIKE A NAIL. IT'S GOT A VERY SMALL --
MS. ROSENTHAL: YES.
MR. ANGELINO: SO THE -- THERE'S OTHER METHODS OF
MICROSTAMPING. DID YOU CONSIDER MICROSTAMPING THE BREECH FACE?
MS. ROSENTHAL: I THINK WE DECIDED THE -- THE --
USING THE PIN WOULD BE THE BEST METHOD.
MR. ANGELINO: OKAY. AGAIN, I DISAGREE BECAUSE
THE FIRING PIN -- IF YOU REALLY WANT THIS TO BE SUCCESSFUL, THE FIRING PIN IS
EASILY REPLACED, MODIFIED AND EXCHANGED, WHERE THE BREECH HAS A
SERIAL NUMBER ON IT.
MS. ROSENTHAL: MM-HMM.
MR. ANGELINO: AND IT'S BASICALLY WHERE THE BULLET
EXPLODES, AND THAT CAN'T BE REPLACED WITHOUT HAVING ANOTHER SERIALIZED
PART. AND I WAS JUST -- IS IT MORE DIFFICULT TO LASER ENGRAVE THE BREECH?
BECAUSE THE FIRING PIN IS THE -- THE WEAK LINK IN THIS.
MS. ROSENTHAL: OKAY. THE TECHNOLOGY THAT
EXISTS RIGHT NOW HAS TO DO WITH THE FIRING PIN.
MR. ANGELINO: OKAY. WELL, LASER -- LASER
ENGRAVING, ANYWHERE YOU CAN SHINE A LIGHT A LASER BEAM CAN GET IN
THERE AND ENGRAVE IT. BUT THE -- I'M JUST -- I GUESS I'M JUST SAYING THAT
THE BREECH WOULD BE THE BETTER PLACE TO DO THIS.
MS. ROSENTHAL: I MEAN, THIS BILL TALKS ABOUT THE
FIRING PIN AND PERHAPS DOWN THE LINE WE CAN ADD MORE COMPONENTS,
TOO, THAT HAVE TO BE GETTING -- YOU KNOW, HAVE TO HAVE THE NUMBER PUT
ON THEM. BUT RIGHT NOW WE'RE JUST DOING IT THROUGH THE PIN.
35
NYS ASSEMBLY JUNE 1, 2022
MR. ANGELINO: THANK YOU, MADAM SPONSOR.
YOU CAN TAKE A BREAK.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. ANGELINO: SO, I CONTACTED LAW ENFORCEMENT
AGENCIES IN CALIFORNIA AND THE MICROSTAMPING OF SEMI --
SEMIAUTOMATIC HANDGUNS IN THEIR STATE HAS BEEN A -- A BOONDOGGLE, WAS
THEIR WORD, BECAUSE THE TECHNOLOGY TEN YEARS AGO WHEN THEY STARTED
WASN'T WHAT IT IS TODAY. BUT THEY'VE HAD ZERO CASES OF ANYBODY IN A
DECADE OF BEING CAUGHT FROM THE SCENE OF A CRIME BECAUSE OF A FIRED
BULLET AND THE CASING LEFT BEHIND. THE -- THE DEAL WITH MICROSTAMPING
IS IT -- THEIR WORDS WERE THIS IS JUST TO SCARE GUN MANUFACTURERS AWAY
FROM THE STATE OF CALIFORNIA, AND I THINK WE'RE GOING TO DO THE SAME
THING IN OUR STATE. AND THAT'S A VIABLE MANUFACTURING INDUSTRY. YOU
KNOW, WITH HIGH TECHNOLOGY AND ALSO SKILLED CRAFTSMEN TAKING BLOCKS
OF METAL AND MAKING IT INTO A USEFUL TOOL FOR HUNTING, SPORT -- SPORTING
AND I BELIEVE ALLS WE'RE GOING TO DO HERE IS JUST CREATE ANOTHER LAW THAT
WILL MAKE CRIMINALS OUT OF WHO WERE ONCE LAW-ABIDING CITIZENS.
YOU KNOW, IN THE 1950S AUTOMOBILES WERE A
RELATIVELY NEW DEVICE. THEY'D ONLY BEEN AROUND 25, 30 YEARS. AND IN
THE1950S THE FIRST GENERATION OF CARS WERE BECOMING OLD USED CARS AND
YOUNG PEOPLE WERE BUYING THEM. AND THEY WERE DRIVING THEM WITH
RECKLESS ABANDON AND THEY WERE KILLING THEMSELVES IN THOSE CARS. SO,
WE REALIZED THAT IT WAS A PROBLEM WITH THE AUTOMOBILE AND WE STARTED
TEACHING CHILDREN IN HIGH SCHOOL DRIVERS EDUCATION. I TOOK IT AND
36
NYS ASSEMBLY JUNE 1, 2022
LEARNED A LOT AND I STILL USE SOME OF THOSE TECHNIQUES TO THIS DAY. IN
THE 60S AND 70S WE HAD A LOT OF UNWANTED PREGNANCIES. YOUNG
TEENAGE GIRLS WERE FINDING THEMSELVES IN A PREDICAMENT AND I THINK
THAT'S WHERE IN '73 THE MONUMENTAL DECISION WAS MADE. BUT WE ALSO
TRIED TO EDUCATE THE YOUNG PEOPLE, BOYS AND GIRLS, ABOUT SEX EDUCATION
IN OUR SCHOOLS. WHEN I WAS GOING TO SCHOOL WE HAD A RIFLE TEAM. WE
HAD A -- A FIRING RANGE ON SCHOOL PROPERTY, AND WE DIDN'T HAVE THE MASS
SHOOTINGS. THE SECOND AMENDMENT HAS BEEN AROUND FOR A COUPLE OF
HUNDRED YEARS PLUS. YET, THESE MASS SHOOTINGS ARE SOMETHING THAT IS A
PHENOMENON THAT HAS HAPPENED STEADILY IN ABOUT THE LAST 20 YEARS. SO
SOMETHING CHANGED IN THOSE 20 YEARS. THERE'S ALWAYS BEEN A RANDOM
SHOOTING HERE OR THERE, BUT THE EPIDEMIC THAT WE'RE LOOKING AT RIGHT
NOW IS SOMETHING NEW. AND I THINK WE OUGHT TO PICK THE SCAB OFF AND
REALIZE THAT THIS IS A MENTAL HEALTH ISSUE, NOT AN INANIMATE OBJECT ISSUE.
AND IF WE REALLY WANT TO GAIN SOME RESPECT AND EDUCATION IN THIS, WE
OUGHT TO START CONSIDERING TEACHING FIREARM SAFETY TO THOSE WHO WANT TO
PARTICIPATE IN IT IN A MENTORED ADULT SETTING WITH YOUNG PEOPLE. I
SPONSOR A SKEET TEAM FOR A HIGH SCHOOL IN MY DISTRICT, AND IT IS
MARKSMANSHIP, FUN AND SAFETY. AND THEY STRESS THE SAFETY PART OF IT
EVERY MINUTE THAT THEY'RE DOING IT. IT'S RESPECT FOR THE TOOL IN THEIR
HAND. AND I DON'T KNOW IF THIS MICROSTAMPING IS ACTUALLY GOING TO DO
ANYTHING. CALIFORNIA HAS BEEN DOING IT FOR A DECADE NOW AND I WILL
PROBABLY BE LONG RETIRED FROM THIS CHAMBER AND IT WILL STILL BE BEING
DEBATED.
THANK YOU, MR. SPEAKER.
37
NYS ASSEMBLY JUNE 1, 2022
ACTING SPEAKER AUBRY: THANK YOU, MR.
ANGELINO.
MR. LEMONDES.
MR. LEMONDES: THANK YOU, MR. SPEAKER. WILL
THE SPONSOR YIELD FOR A FEW QUESTIONS?
ACTING SPEAKER AUBRY: MS. ROSENTHAL, WILL
YOU YIELD?
MS. ROSENTHAL: YES.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. LEMONDES: THANK YOU VERY MUCH. I'D LIKE TO
TAKE THE CONVERSATION IN A LITTLE BIT DIFFERENT DIRECTION BASED ON THE
TECHNOLOGY READINESS LEVEL OF THIS PARTICULAR TECHNOLOGY THAT'S BEING
PROPOSED THAT'S THE BASIS FOR THIS ENTIRE BILL. COULD YOU STATE THE
TECHNOLOGY READINESS LEVEL OF THIS TECHNOLOGY?
MS. ROSENTHAL: I BELIEVE IT'S -- IT'S READY.
MR. LEMONDES: EVERYTHING I'VE DONE IN MY
RESEARCH AND AS WE'VE HEARD FROM MY COLLEAGUES, WE BELIEVE THAT IT IS
NOT READY. THERE ARE GENERALLY NINE TECHNOLOGY READINESS LEVELS WITH
LEVEL NINE BEING PROVEN TECHNOLOGY. SO I THINK THIS LIES SOME --
SOMEWHERE BETWEEN ONE AND EIGHT. ADDITIONALLY, WITH RESPECT TO COST,
COULD YOU ADDRESS AGAIN THE -- THE COST THAT THIS WOULD IMPOSE PER
WEAPON?
MS. ROSENTHAL: AS I -- I SAID EARLIER, IT'S
COMMERCIALLY AVAILABLE, CAN BE MASS PRODUCED FOR A COST OF BETWEEN
50 CENTS TO $5 PER FIREARM, ARE THE ESTIMATES I HAVE.
38
NYS ASSEMBLY JUNE 1, 2022
MR. LEMONDES: THAT'S INTERESTING. I HAVE
INFORMATION STATING THAT IT COULD RAISE THE COST AS MUCH AS $200 PER
PART --
MS. ROSENTHAL: OH NO, I'VE NEVER SEEN THAT
NUMBER. I HAVE SEEN 50 CENTS TO $5.
MR. LEMONDES: SURE. I -- I UNDERSTAND WE -- WE
ARE WORKING OFF OF DIFFERENT INFORMATION.
ADDITIONALLY, DO YOU KNOW HOW MANY JOBS THIS COULD
IMPACT?
MS. ROSENTHAL: IN TERMS OF ADDING JOBS?
MR. LEMONDES: IN -- IN TERMS OF JOB LOSS.
MS. ROSENTHAL: I DON'T THINK IT WOULD RESULT IN
ANY JOB LOSS. I WOULD ASSUME IT WOULD -- IT COULD HELP INCREASE THE
NUMBER OF JOBS AVAILABLE.
MR. LEMONDES: AGAIN, WE DISAGREE. THANK YOU
FOR YOUR ANSWER.
WITH RESPECT TO CRIME SCENES, COULD YOU -- COULD YOU
TELL ME THE AVERAGE NUMBER OF ROUNDS NECESSARY TO BE RECOVERED FROM
A CRIME SCENE IN ORDER TO PIECE TOGETHER THE SIGNATURE OF THAT PARTICULAR
WEAPON?
MS. ROSENTHAL: I WOULD SAY YOU NEED THE CASING
FROM THE GUN THAT WAS -- THAT WAS USED IN THE COMMISSION OF THE CRIME.
MR. LEMONDES: THAT'S WHAT I'M ASKING --
MS. ROSENTHAL: YES.
MR. LEMONDES: -- HOW MANY CASINGS DO YOU
39
NYS ASSEMBLY JUNE 1, 2022
NEED?
MS. ROSENTHAL: YOU CAN GET ONE CASING.
MR. LEMONDES: AGAIN, WE HAVE -- WE'RE WORKING
OFF OF DIFFERENT INFORMATION. THE -- THE INFORMATION I HAVE SAYS THAT IN
ORDER TO RECOVER THE CODE YOU CAN NEED UP TO TEN ROUNDS OF
AMMUNITION.
MS. ROSENTHAL: I HAVE NOT SEEN THAT ANYWHERE.
MR. LEMONDES: THAT'S THE -- THAT'S THE
INFORMATION THAT I HAVE.
MS. ROSENTHAL: OKAY.
MR. LEMONDES: AND THE -- DO YOU KNOW HOW
MANY -- HOW MANY ROUNDS OF AMMUNITION ARE USED IN THE COMMISSION
OF A TYPICAL CRIME WITH A FIREARM, WITH A HANDGUN?
MS. ROSENTHAL: IT -- THAT VARIES.
MR. LEMONDES: I'M SORRY, I COULDN'T HEAR YOU.
MS. ROSENTHAL: I SAID THAT VARIES.
MR. LEMONDES: THAT'S OKAY. THE NUMBER I HAVE
IS FOUR. AND THE POINT IS THAT IF THE AVERAGE NUMBER OF ROUNDS OF
AMMUNITION USED IN THE COMMISSION OF A CRIME IS FOUR, YET YOU MAY
NEED AS MANY AS TEN TO PIECE TOGETHER THE CODE ON THE ACTUAL
MICROSTAMP, IN MOST CRIMES YOU WON'T HAVE THE INFORMATION AVAILABLE.
MS. ROSENTHAL: WELL, YOUR ASSUMPTION IS TEN
AND MY FACT IS ONE.
MR. LEMONDES: I -- I WOULD DISPUTE THE VALUE OF
THE FACT BECAUSE THE FIRING PINS THEMSELVES CAN BE EASILY REMOVED AND
40
NYS ASSEMBLY JUNE 1, 2022
CHANGED. ANY CRIMINAL THAT -- THAT COMMITTED A CRIME WITH A WEAPON
THAT'S MICROSTAMPED COULD EASILY REMOVE THE FIRING PIN, THROW IT AWAY
AND -- AND YOU WOULD -- YOU WOULD HAVE QUITE A TIME PIECING THAT
WEAPON TO THAT CRIME.
MS. ROSENTHAL: YOU KNOW, I THINK WHAT I HAVE
LEARNED THROUGHOUT THIS IS THAT LAW ENFORCEMENT NEEDS MORE TOOLS AND
THIS A TOOL THAT THEY WANT AND THAT THEY CAN USE.
MR. LEMONDES: SURE. I -- I DON'T AGREE WITH YOU
ON THAT.
ALL RIGHT. MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. LEMONDES: THANK YOU. I THINK THE CART MAY
BE BEFORE THE HORSE. IF WE CAN'T EVEN STATE THE TECHNICAL READINESS LEVEL
OF THIS TECHNOLOGY AND -- AND DEMONSTRATE THAT IT IS PROVEN WHEN
THERE'S SO MUCH INFORMATION THAT SAYS SOME SOURCES SAY IT'S WORKABLE,
OTHERS SAY IT'S UNPROVEN, AS MY COLLEAGUE JUST MENTIONED. FOR OVER TEN
YEARS IN CALIFORNIA IT HASN'T LED TO THE -- TO THE SOLVING OF A SINGLE
CRIME. AND SO, THEREFORE, DUE TO UNPROVEN TECHNICAL -- UNPROVEN
TECHNOLOGY AND ITS -- AND ITS LIMITATIONS, THIS DOES NOT IMPACT THE -- THE
SOURCE OF ILLEGAL WEAPONS FLOW. IT WILL ONLY IMPACT LAW-ABIDING
CITIZENS. IF WE REALLY WANT TO REDUCE CRIME FROM WEAPONS, LET'S CLOSE
THE SOUTHERN BORDER. LET'S STOP THE ELICIT FLOW OF WEAPONS THAT ARE
COMING INTO OUR COUNTRY EVERY SINGLE DAY, PROBABLY BY THE THOUSANDS,
THAT WILL BE USED IN THE HANDS OF TERRORISTS, THAT WILL ACCOMPANY
FENTANYL THAT'S KILLING 285 AMERICANS A DAY. LET'S GO AFTER THAT. THE
41
NYS ASSEMBLY JUNE 1, 2022
ADDITIONAL CONSIDERABLE COST THAT THIS WILL IMPOSE ON LAW-ABIDING
CITIZENS AND THE COST TO STATE LAW ENFORCEMENT AGENCIES THAT HAVE TO
BUY THE TECHNOLOGY OR LEARN HOW TO -- LEARN HOW TO USE THE TECHNOLOGY
AND MAINTAIN THE TECHNOLOGY TO DO THIS, YET THE PERSON WHO COMMITS
THE CRIME CAN SIMPLY REMOVE THE FIRING PIN, THROW IT AWAY, REPLACE IT
WITH ANOTHER ONE. AND BY THE WAY, IT TAKES ABOUT TWO TO THREE MINUTES
TO REMOVE A FIRING PIN. THAT DEFEATS THE WHOLE PURPOSE OF THIS.
SO, FOR THOSE REASONS, I HAVE TO VOTE AGAINST THIS.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. GALLAHAN.
MR. GALLAHAN: THANK YOU, MR. SPEAKER. WILL
THE SPONSOR YIELD?
ACTING SPEAKER AUBRY: MS. ROSENTHAL, WILL
YOU YIELD?
MS. ROSENTHAL: YES.
ACTING SPEAKER AUBRY: MS. ROSENTHAL YIELDS,
SIR.
MR. GALLAHAN: THANK YOU. CAN YOU TELL ME
HOW THIS BILL WOULD DIFFER FROM WHAT WE HAD SEVERAL YEARS AGO DURING
THE PATAKI ADMINISTRATION CALLED COBIS WHERE UP IN MY AREA, THE
131ST IN ONTARIO AND SENECA COUNTIES, NEIGHBORS HAD TO TAKE THEIR --
THEIR FIREARMS TO BATAVIA FOR A FIRING AND THEN THEY WOULD REGISTER THE
CARTRIDGE AND -- AND IT WAS WHAT I SEE IS ALMOST THE SAME IDENTICAL BILL
THAT WE'RE LOOKING AT HERE TODAY. NOW, WE -- WE ENACTED THAT BILL
42
NYS ASSEMBLY JUNE 1, 2022
DURING -- DURING THE PATAKI ADMINISTRATION, AS DID MARYLAND. AND
OVER 71,000 ROUNDS WERE REGISTERED AND NOT ONE CRIME WAS EVER
SOLVED. CAN YOU TELL ME HOW THIS IS DIFFERENT FROM THE PREVIOUS BILL
THAT WE HAD, AND MAYBE WHY FORMER GOVERNOR CUOMO DISBANDED THE
PROGRAM AND GOT RID OF IT?
MS. ROSENTHAL: WELL THAT IS WAY BEYOND THE
SCOPE OF THIS BILL. I -- I -- I HAVE NO CLUE WHY THE FORMER GOVERNOR DID
MUCH OF ANYTHING IN CERTAIN AREAS. HOWEVER, THIS BILL WE KNOW WILL
HELP LAW ENFORCEMENT FIGHT CRIME AND IDENTIFY CRIMINALS.
MR. GALLAHAN: CAN YOU TELL ME WHAT THE
TECHNOLOGY IS IN THIS BILL VERSUS THE LAST LAW THAT WE HAD ON THE BOOKS?
HOW DO THEY DIFFER?
MS. ROSENTHAL: I'M FAMILIAR WITH THE TECHNOLOGY
IN THIS BILL, SO I BELIEVE I DESCRIBED IT EARLIER. I'M NOT FAMILIAR WITH THAT
ONE, BUT I CAN REPEAT THAT A MICROSTAMPED FIREARM HAS A UNIQUE CODE
ENGRAVED INTO THE GUN'S FIRING PIN WHICH IS THEN STAMPED ONTO EACH
CARTRIDGE CASE WHEN THE GUN IS FIRED. SO, LAW ENFORCEMENT CAN MATCH
SPENT CARTRIDGE CASINGS TO A SPECIFIC FIREARM IN THE SAME WAY LICENSE
PLATES CAN BE USED TO IDENTIFY THE MAKE, THE MODEL AND THE REGISTERED
OWNER OF A CAR.
MR. GALLAHAN: OKAY. THANK YOU. I -- I
UNDERSTAND THAT.
ANOTHER QUESTION THAT I HAVE IS, YOU KNOW, BULLETS AND
CARTRIDGE CASES ARE MADE OF DIFFERENT MATERIALS. AND I'VE BEEN IN THE --
IN THE CUTTING TOOL INDUSTRY FOR 35 YEARS AND I'VE BEEN SELLING TO MANY
43
NYS ASSEMBLY JUNE 1, 2022
FIREARMS MANUFACTURERS AND MACHINE SHOPS THAT PRODUCE THESE PARTS TO
PRODUCE THESE -- THESE WEAPONS HERE IN NEW YORK. THERE'S FIRING
IMPRESSIONS. AND WHAT HAPPENS IS WITH THE -- WITH THE THREE MATERIALS
THAT WE'RE TALKING ABOUT HERE -- SOFT MATERIAL ALLOYS, BRASS, NICKEL-
PLATED BRASS AND STEEL. EACH ONE OF THOSE MATERIALS HAS A DIFFERENT
RELATIVE FLEXIBILITY SO THAT WHEN THE FIRING PIN HITS THAT MATERIAL SOME
OF IT IS -- WILL CREATE A HALF-WAY DECENT IMAGE. WHEN YOU GET INTO THE
HARDER STEELS, ESPECIALLY AMMUNITION THAT IS BOUGHT OVERSEAS THAT'S
BROUGHT TO THE UNITED STATES, PURCHASED HERE, THAT AMMUNITION, THE --
THE PRIMER IN THAT AMMUNITION, MUCH OF IT IS MADE OF EXTREMELY HARD
STEEL AND IT WON'T MICROSTAMP WITH ANY KIND OF REGULARITY. AND IN
CALIFORNIA, THE DEPARTMENT OF JUSTICE STUDY, 50 FIRING -- 50 FIRING CASES
FROM THE FEDERAL CARTRIDGE CORPORATION WORKING FOR THE DEPARTMENT,
JUST IN THE SAME GUN A MICROSCOPIC EXAMINATION BY EXPERTS IN
CALIFORNIA - THIS WAS DONE BY THE DEPARTMENT OF JUSTICE - 38 PERCENT
WERE MISSED. WHEN DIFFERENT CARTRIDGE MAKES WERE ADDED TO THE MIX,
ALL FROM THE SAME GUN, 62 PERCENT WERE MISSED. OBVIOUSLY THIS
PRESENTS A SERIOUS PROBLEM WITH AN ONLY ONCE-FIRED BULLET (INAUDIBLE)
THIS -- THIS TECHNOLOGY. AND -- AND I DON'T UNDERSTAND HOW THIS IS GOING
TO AFFECT SOLVING CASES IN OUR STATE. MAYBE YOU HAVE A DIFFERENT
OPINION. MAYBE YOU CAN TELL ME HOW THESE HARD STEEL PRIMERS ARE --
ARE -- ARE GOING TO NOT BE AFFECTED BY THIS -- BY THE TECHNOLOGY THAT WE
HAVE TODAY. BECAUSE I DON'T UNDERSTAND HOW IT CANNOT BE AFFECTED.
MS. ROSENTHAL: WELL, THAT IS WHY WE LEAVE IT TO
DCJS TO CERTIFY OR TO DECLINE TO CERTIFY THAT THE MICROSTAMPING-ENABLED
44
NYS ASSEMBLY JUNE 1, 2022
PISTOLS ARE TECHNOLOGICALLY VIABLE. WE -- WE LEAVE THAT IN THEIR LEARNED
HANDS.
MR. GALLAHAN: OKAY. THANK YOU FOR YOUR
ANSWER.
MS. ROSENTHAL: THANK YOU.
MR. GALLAHAN: THE LAST QUESTION I HAVE IS, FIRING
PINS ARE MADE FROM MANY DIFFERENT TYPES OF STEEL. AND WE DISCOVERED
THAT IF YOU CODE A FIRING PIN, THAT CODING IS ANYWHERE FROM 89 TO 95
PERCENT ROCKWELL HARDENED.
MS. ROSENTHAL: MM-HMM.
MR. GALLAHAN: SO IF YOU GET A NEW FIRING PIN
AND YOU COAT IT, IT WILL LAST MUCH LONGER THAN A STANDARD FIRING PIN. SO
IN COMPETITION SHOOTING, WHICH HAPPENS ALL THE TIME, YOU GET A BROKEN
FIRING PIN, WHICH MY COLLEAGUE ALLUDED TO EARLIER IN HIS -- HIS DEBATE.
SO, MY QUESTION IS, HOW IS THIS TECHNOLOGY GOING TO BE EFFECTIVE WHEN
YOU TAKE THAT FIRING PIN FROM THAT WEAPON AND YOU COAT IT WITH TIN
COATING OR CHICKEN COATING OR TITANIUM CARBON NITRATE COATING? HOW IS
THAT GOING TO AFFECT IT, WHICH IS -- WHICH IS A COMMON PRACTICE TODAY TO
ENSURE THAT YOUR FIRING PINS LAST MUCH LONGER ON THE LINE?
MS. ROSENTHAL: WELL, THANK YOU FOR YOUR
EXPERTISE IN THAT MATTER. I -- I BELIEVE THAT DCJS WILL TAKE ALL OF THOSE
FACTORS AND OTHERS INTO CONSIDERATION WHEN CONSIDERING THE VIABILITY OF
THE TECHNOLOGY.
MR. GALLAHAN: OKAY. MY FINAL QUESTION I GUESS
WOULD BE IF I'M AT THE FIRING RANGE IN A COMPETITION AND I BREAK MY
45
NYS ASSEMBLY JUNE 1, 2022
FIRING PIN, IF I REPLACE THAT FIRING PIN, WHICH I CAN DO WITHIN A MATTER OF
MINUTES AT THE FIRING RANGE WITH A STANDARD FIRING PIN THAT DOESN'T HAVE
THE MICROSTAMPING TECHNOLOGY IN IT TO FINISH -- TO FINISH MY -- MY
COMPETITION, DOES THAT MAKE ME A CRIMINAL?
MS. ROSENTHAL: NO.
MR. GALLAHAN: I CAN DO THAT? I CAN CHANGE THAT
FIRING PIN ON THE LINE, ON THE SPOT, AND CONTINUE IN MY COMPETITION?
MS. ROSENTHAL: FOR SPORTING PURPOSES IT DOES
NOT APPLY.
MR. GALLAHAN: WHEN -- WELL, IF IT DOESN'T APPLY
FOR SPORTING PURPOSES, THE FIREARMS THAT I BUY ARE STRICTLY FOR SPORTING
PURPOSES. SO THEY'RE -- THEY'RE EXEMPT FROM THIS BILL?
MS. ROSENTHAL: LET ME GET YOU THE EXACT
LANGUAGE. THIS IS RIGHT NEAR THE END OF THE BILL. IT SAYS, ANY PERSON
WHO MODIFIES A MICROSTAMP-ENABLED PISTOL OR MICROSTAMPING
COMPONENT WITH THE INTENT TO PREVENT PRODUCTION OF A MICROSTAMP IS
FOR A FIRST OFFENSE GUILTY OF A CLASS B MISDEMEANOR, ET CETERA ET CETERA.
IT SHALL NOT BE UNLAWFUL TO REPLACE THE MICROSTAMPING COMPONENT OF A
MICROSTAMPING-ENABLED PISTOL WHEN THE COMPONENT IS DAMAGED OR IN
NEED OF REPLACEMENT WITH ANOTHER VALID MICROSTAMPING COMPONENT FOR
THE SAFE USE OF THE FIREARM OR REPLACING SUCH PIN FOR A LEGITIMATE
SPORTING PURPOSE THAT IS ONLY USED FOR THAT LEGITIMATE PURPOSE.
MR. GALLAHAN: SO I'M -- I'M STILL CONFUSED. IT
SAYS THAT IT HAS TO BE REPLACED WITH A MICROSTAMPED FIRING PIN.
MS. ROSENTHAL: YES.
46
NYS ASSEMBLY JUNE 1, 2022
MR. GALLAHAN: SO WHEN YOU BUY A NEW -- A NEW
HANDGUN, ARE YOU GOING TO BE ABLE TO ORDER EIGHT OR TEN MORE FIRING
PINS FOR THAT PARTICULAR WEAPON SO THAT YOU HAVE THEM ON HAND SO THAT
YOU'RE NOT BREAKING THE LAW? WHEN YOU BREAK A FIRING PIN AT THE RANGE
AND YOU HAVE TO REPLACE THAT FIRING PIN, IT'S A MISDEMEANOR, WHICH YOU
JUST READ TO ME, IF I USE A STANDARD FIRING PIN, BUT IT'S NOT A
MISDEMEANOR IF I USE A MICROSTAMPED FIRING PIN. HOW DO YOU ACQUIRE
THOSE MICROSTAMPED FIRING PINS AND HAVE THOSE EXTRA IN YOUR SHOOTING
BAG SO THAT WHEN YOU BREAK YOUR FIRING PIN YOU CAN REPLACE IT LEGALLY
AND NOT BE BREAKING THE LAW?
MS. ROSENTHAL: YOU KNOW, IF IT -- IF IT DOES
BREAK THEN YOU WOULD HAVE TO REPLACE IT WITH A MICROSTAMPED-ENABLED
FIRING PIN.
MR. GALLAHAN: SO HOW DO YOU FINISH YOUR
COMPETITION IF YOU HAVE A BROKEN FIRING PIN? WHAT HAPPENS TO THE
THOUSANDS OF -- OF INCIDENTS THAT HAPPENS ACROSS OUR STATE EVERY YEAR?
MS. ROSENTHAL: IT DOESN'T HAPPEN THOUSANDS OF
TIMES.
MR. GALLAHAN: IT IS QUITE -- QUITE FREQUENT IN --
IN THE SPORTING WORLD TO BREAK A FIRING PIN.
MS. ROSENTHAL: WELL, THAT -- YOU KNOW. THAT --
MR. GALLAHAN: IT'S VERY COMMON. VERY
COMMON.
MS. ROSENTHAL: OKAY. WELL THAT'S THE
RESPONSIBILITY UNDER THE LAW.
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NYS ASSEMBLY JUNE 1, 2022
MR. GALLAHAN: SO HOW WOULD YOU -- YOU
WOULDN'T BE ABLE TO FINISH THE COMPETITION. IS THAT WHAT YOU'RE TELLING
ME?
MS. ROSENTHAL: IF YOU DIDN'T HAVE THE PROPER
FIRING PIN THEN I GUESS YOU WOULDN'T.
MR. GALLAHAN: SO, MY NEXT QUESTION -- I'M
SORRY, I THOUGHT I HAD THE LAST QUESTION --
MS. ROSENTHAL: YEAH, YOU SAID ONE.
MR. GALLAHAN: BUT --
MS. ROSENTHAL: GO AHEAD.
MR. GALLAHAN: BUT APPARENTLY I CAN'T COUNT. MY
NEXT QUESTION WOULD BE, IF YOU DO BREAK THAT FIRING PIN AND YOU HAVE
THAT USELESS WEAPON, HOW DO YOU GO ABOUT GETTING ANOTHER FIRING PIN
FOR THAT WEAPON? DO YOU HAVE TO SEND THAT WEAPON BACK TO THE
MANUFACTURER? WILL THE MANUFACTURER SEND YOU A FIRING PIN BECAUSE
DOESN'T THAT HAVE TO BE FIRED THROUGH THE -- THROUGH THE WEAPON IN
ORDER TO REGISTER THAT -- THAT CARTRIDGE? SO THAT WOULD ENTAIL SENDING
THAT WEAPON BACK TO THE MANUFACTURER AT AN INCURRED COST TO THE -- TO
THE SHOOTER, SHIPPING IT ALL BACK, WHATEVER THE MANUFACTURER -- THEY'RE
NOT GOING TO DO IT FOR FREE. THAT'S -- THEY'RE NOT GOING TO DO IT FOR FREE,
SO IT SEEMS LIKE A LARGE INCONVENIENCE FOR A LAW-ABIDING CITIZEN TO
HAVE TO GO THROUGH TO KEEP SHOOTING IN THE -- IN THE SPORT THAT THEY --
THEY SO DEARLY APPRECIATE.
MS. ROSENTHAL: WELL, I THINK IF YOU GO TO THE
GUN DEALER THEY COULD PROVIDE ADVICE AND DIRECTION AND PROBABLY A
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NYS ASSEMBLY JUNE 1, 2022
FIRING PIN.
MR. GALLAHAN: I'M SURE THE FIRING -- THE -- THE
DEALER IS NOT GOING TO HAVE FIRING PINS AT THEIR -- AT THEIR DISPOSAL AT
THEIR -- AT THEIR SHOP.
MS. ROSENTHAL: OKAY. I MEAN DCJS I'M SURE
WILL CONSIDER ALL OF THESE SCENARIOS.
MR. GALLAHAN: MR. SPEAKER, ON THE BILL.
ACTING SPEAKER JONES: ON THE BILL.
MR. GALLAHAN: THIS TECHNOLOGY'S BEEN AROUND
FOR -- FOR DECADES. NEW YORK PARTICIPATED IN THIS TECHNOLOGY FOR FIVE
YEARS. NEVER SOLVED A CRIME. OUR FORMER GOVERNOR RECOGNIZED THAT
THIS WAS A COST BURDEN TO THE STATE, A SEVERE COST BURDEN TO THE STATE
AND DISBANDED THE PROGRAM. I CAN'T SEE WHERE TECHNOLOGY HAS
ADVANCED TO THE POINT -- THE OTHER STATES THAT ARE DOING IT CERTAINLY
AREN'T SUCCESSFUL WITH SOLVING CRIMES WITH THIS TECHNOLOGY. I'M
LOOKING THROUGH THE BILL MEMOS. I DON'T SEE THE SUPPORT OF ANY LAW
ENFORCEMENT AGENCIES. I SEE SOME NO OPINIONS BUT I SEE NO SUPPORT.
SO I CANNOT -- I CANNOT SUPPORT THIS BILL. THE TECHNOLOGY IS NOT WHERE
IT NEEDS TO BE. IT IS NOT SUCCESSFUL IN ANY OTHER STATE. ANY KIND OF -- I
DON'T EVEN KNOW THAT A CRIME HAS BEEN SOLVED WITH THIS TECHNOLOGY IN
OTHER STATES.
SO I WILL BE VOTING IN THE NEGATIVE. I WOULD
ENCOURAGE MY COLLEAGUES TO DO THE SAME. THANK YOU, MR. SPEAKER.
ACTING SPEAKER JONES: THANK YOU, SIR.
MR. LAWLER.
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NYS ASSEMBLY JUNE 1, 2022
MR. LAWLER: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD?
ACTING SPEAKER JONES: WILL THE SPONSOR
YIELD?
MS. ROSENTHAL: YES, OF COURSE.
ACTING SPEAKER JONES: THE SPONSOR YIELDS.
MR. LAWLER: THANK YOU. SO I -- I WANT TO START
WHERE MY COLLEAGUE JUST LEFT OFF BECAUSE I'M -- I'M A LITTLE CONFUSED BY
THIS. SO, THE MICROSTAMPING TECHNOLOGY THAT YOU ASSERT AS AVAILABLE
AND FUNCTIONING WOULD BE WITH RESPECT TO THE FIRING PIN, CORRECT?
THAT'S WHAT THIS BILL DOES? IT MICROSTAMPS THE FIRING PIN?
MS. ROSENTHAL: I MEAN IT MICROSTAMP -- THE
CASING IS WHAT IS MICROSTAMPED.
MR. LAWLER: BUT THE -- THE ACTUAL ENGRAVEMENT IS
ON THE FIRING PIN?
MS. ROSENTHAL: YES.
MR. LAWLER: OKAY. SO WHEN THE FIRING PIN
BREAKS, AS MANY OF MY COLLEAGUES EXPLAINED -- AND I WOULD TAKE THEIR
ADVICE ON THIS, THEY ALL SEEM TO HAVE QUITE A BIT OF KNOWLEDGE ABOUT IT
-- WHEN THE FIRING PIN BREAKS AND YOU REPLACE THE FIRING PIN, IS THE
MICROSTAMP SUPPOSED TO BE THE EXACT SAME MICROSTAMP THAT WAS ON
THE BROKEN FIRING PIN, OR IS IT A NEW MICROSTAMP?
(PAUSE)
MS. ROSENTHAL: WELL, EACH -- IT'S A UNIQUE CODE
EACH TIME. SO I WOULD THEN SAY THAT IT IS PROBABLY SPECIFIC TO -- AND I'D
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NYS ASSEMBLY JUNE 1, 2022
ALSO QUESTION HOW OFTEN THE FIRING PIN BREAKS. I KNOW YOU'VE SAID IT
BREAKS A LOT, BUT IT IS -- IT'S EXTREMELY HARD TO REMOVE AND I DON'T
BELIEVE IT BREAKS THAT OFTEN.
MR. LAWLER: WELL, CAN I YOU ASK A QUESTION? DO
YOU HAVE FIRSTHAND EXPERIENCE WITH WHETHER OR NOT IT BREAKS OR YOU'RE
JUST SURMISING?
MS. ROSENTHAL: DO YOU?
MR. LAWLER: I -- I DO, YES. DO YOU? I'M -- I'M
JUST ASKING.
MS. ROSENTHAL: I HAVE CONSULTED WITH MANY
EXPERTS IN THIS FIELD AND WHAT THEY TELL ME IS THAT IT DOESN'T BREAK THAT
OFTEN AS YOU ALLUDE TO --
MR. LAWLER: WELL, I DIDN'T -- JUST TO -- FOR CLARITY,
I DIDN'T ALLUDE TO, MY COLLEAGUES WALKED -- WALKED THROUGH IT AND I'M
JUST FOLLOWING UP. SO IF --
MS. ROSENTHAL: IF THE DEALER -- THE DEALER WOULD
REPLACE IT WITH A NEW MICROSTAMPED PIN.
MR. LAWLER: WITH A NEW FIRING PIN. WOULD IT BE
THE SAME MICROSTAMPED ENGRAVING OR WOULD IT BE A NEW MICROSTAMPED
ENGRAVING?
MS. ROSENTHAL: IT WOULD BE A NEW
MICROSTAMPED --
MR. LAWLER: OKAY. SO ONCE IT'S A NEW
MICROSTAMPED ENGRAVING -- SO YOU CAN ONLY HAVE -- THERE'S ONLY GOING
TO BE ONE FIRING PIN WITH A MICROSTAMPED ENGRAVING. IN OTHER WORDS,
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NYS ASSEMBLY JUNE 1, 2022
YOU CAN'T ORDER TEN OF THEM WITH THE SAME -- SAME ENGRAVING, CORRECT?
MS. ROSENTHAL: YEAH, BECAUSE THEY HAVE TO BE,
YOU KNOW --
MR. LAWLER: IT'S GOT TO BE UNIQUE.
MS. ROSENTHAL: -- CONNECTED.
MR. LAWLER: YOU WANT IT TO BE UNIQUE, LIKE A
FINGERPRINT.
MS. ROSENTHAL: YES.
MR. LAWLER: RIGHT?
MS. ROSENTHAL: AND YOU WANT IT TO BE
CONNECTED WITH THE -- THE GUN --
MR. LAWLER: YOU DON'T WANT SOMEBODY TO BE ABLE
TO TAKE A FIRING PIN AND --
ACTING SPEAKER JONES: MR. LAVINE, WHY DO
YOU RISE?
MR. LAVINE: WOULD THE GENTLEMAN POSING THE
QUESTIONS PLEASE ALLOW THE SPONSOR TO FINISH HER STATEMENT BEFORE
INTERRUPTING?
ACTING SPEAKER JONES: OKAY. LET'S ONE TALK,
THE OTHER TALK. I'M GOING TO TRY TO DO MY -- MY BEST MR. AUBRY UP HERE.
SO --
MR. LAWLER: OH.
ACTING SPEAKER JONES: -- WE'LL ASK QUESTIONS
AND ALLOW THE SPONSOR TO ANSWER.
MR. LAWLER: THANK YOU. BEFORE I WAS RUDELY
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NYS ASSEMBLY JUNE 1, 2022
INTERRUPTED, LET ME REPHRASE MY QUESTION.
MS. ROSENTHAL: I DON'T THINK YOU WERE RUDELY
INTERRUPTED.
MR. LAWLER: I WAS. I'LL REPHRASE MY QUESTION. IF
THE MICROSTAMP IS REPLACED WITH A NEW MICROSTAMP ON THE FIRING PIN --
MS. ROSENTHAL: YES.
MR. LAWLER: -- DOES THAT HAVE TO BE REREGISTERED
SOMEWHERE?
MS. ROSENTHAL: I THINK THERE -- THERE WOULD BE A
NEW RECORD OF PURCHASE. SO YES, IT WOULD HAVE TO -- YOU KNOW, ON --
ON THIS DOCUMENT WHERE -- ON THIS DOCUMENT WHERE ALL THE VITAL
INFORMATION IS RECORDED, THAT WOULD HAVE TO BE ADDED TO IT. SO, YES.
MR. LAWLER: OKAY. SO IT WOULD BE REGISTERED IN A
SYSTEM THAT WOULD BE SET UP BY --
MS. ROSENTHAL: THIS IS -- THIS IS -- SORRY. THE
SYSTEM IS SET UP, WE JUST HAVE TO ADD THIS ADDITIONAL INFORMATION TO IT.
MR. LAWLER: OKAY. SO IN THE SYSTEM THAT HAS
ALREADY BEEN SET UP UNDER THE SAFE ACT? IS THAT WHAT WE'RE -- WHAT
SYSTEM ARE WE REFERRING TO?
MS. ROSENTHAL: THERE IS A SYSTEM, WHICH I CAN
-- IF YOU HOLD ON I CAN GET IT AND DESCRIBE, BUT IT'S... OKAY. OKAY, SO, IF
YOU KNOW ANYONE WHO WANTS TO PURCHASE A HANDGUN MUST OBTAIN A
LICENSE, STATE LAW REQUIRES A COPY OF ALL THE LICENSES TO BE FILED WITH
THE COUNTY CLERK, A DUPLICATE COPY OF THE LICENSE TO BE FILED WITH THE
LICENSING OFFICER OF THE STATE POLICE, AND THE STATE IS SUPPOSED TO
53
NYS ASSEMBLY JUNE 1, 2022
MAINTAIN A DATABASE OF ALL PERMIT RECORDS. AND SO DEALERS ALSO HAVE TO
KEEP RECORDS OF LICENSES. SO WITHIN THAT.
MR. LAWLER: OKAY. SO EVERY TIME THE FIRING PIN
IS REPLACED IT HAS TO BE REGISTERED. SO, IN OTHER WORDS, WOULD THE GUN
OWNER BE ABLE TO REPLACE THE FIRING PIN THEMSELVES OR WOULD THEY HAVE
TO GO TO A DEALER TO REPLACE IT SO THAT IT CAN BE REGISTERED?
MS. ROSENTHAL: A PERSON WOULD BE ABLE TO
REPLACE IT BUT THEY HAVE TO PURCHASE IT AND THEN THEY WOULD HAVE TO
REGISTER IT.
MR. LAWLER: OKAY. SO THEY COULD PURCHASE -- FOR
INSTANCE, LET'S SAY THEY PURCHASED FIVE AT A TIME. WHEN THEY PURCHASE
IT ALL FIVE WOULD BE REGISTERED WITH THAT GUN? IS THAT HOW THAT WOULD
WORK IF THEY PURCHASED MULTIPLE AT A TIME BECAUSE THEY NEEDED TO BE
ABLE TO REPLACE IT? IT WOULD BE REGISTERED AT THE TIME OF PURCHASE?
MS. ROSENTHAL: YOU KNOW, THE -- THE BILL DOESN'T
GOES INTO DETAILS ON THAT.
MR. LAWLER: OKAY. WHAT HAPPENS IF DCJS
DECLINES TO CERTIFY? WHAT -- WHAT WOULD HAPPEN WITH THIS BILL?
MS. ROSENTHAL: WELL, IT WOULD PROBABLY BE
RENDERED UNWORKABLE AND WE'D HAVE TO GO BACK AND COME UP WITH
SOMETHING ELSE.
MR. LAWLER: AND THIS BILL IS MODELED ON
CALIFORNIA'S LAW OR --
MS. ROSENTHAL: NO, IT'S -- IT'S -- IT TAKES INTO
ACCOUNT WHAT HAPPENED IN CALIFORNIA AND AVOIDS SOME OF THE PITFALLS
54
NYS ASSEMBLY JUNE 1, 2022
THAT OCCURRED IN CALIFORNIA BECAUSE OF THE LACK OF COOPERATION FROM
GUN MANUFACTURERS. AND AS SOMEONE EARLIER POINTED OUT, THE
CALIFORNIA LAW WAS 2007, SO WE'VE GAINED A LOT OF KNOWLEDGE ABOUT
TECHNOLOGY AND -- SINCE THEN.
MR. LAWLER: SO IN 15 YEARS WOULD YOU SAY
CALIFORNIA'S LAW IS WORKING?
MS. ROSENTHAL: I'M NOT A CALIFORNIA RESIDENT SO I
CAN'T PROPERLY JUDGE IT. HOWEVER, I THINK NEW YORK'S BILL/LAW WILL
WORK BECAUSE WE'VE DESIGNED IT TO WORK.
MR. LAWLER: OKAY. SO THE IDEA BEHIND
MICROSTAMPING IS TO SAY IF SOMEBODY PURCHASES A GUN AND THEY COMMIT
A CRIME, WE SHOULD BE ABLE TO TRACE THE SHELL CASING BACK TO THE GUN
AND POTENTIALLY THE OWNER; CORRECT?
MS. ROSENTHAL: MM-HMM.
MR. LAWLER: OKAY. NOW, THIS WOULD APPLY TO ALL
THOSE WHO LEGALLY PURCHASE A GUN AND COMMIT A CRIME.
MS. ROSENTHAL: SEMI -- SEMIAUTOMATICS.
MR. LAWLER: RIGHT. WHAT HAPPENS WITH 16- AND
17-YEAR-OLDS WHO USE A GUN IN THE COMMISSION OF A CRIME?
MS. ROSENTHAL: THIS BILL DOESN'T ADDRESS THAT
PARTICULAR SITUATION.
MR. LAWLER: WELL, THIS BILL APPLIES TO ANYBODY,
CORRECT, WHO WOULD USE A MICROSTAMPED GUN IN THE COMMISSION OF A
CRIME, RIGHT, OR DOES SOMETHING TO CHANGE THE MICROSTAMPING ON A GUN,
CORRECT?
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NYS ASSEMBLY JUNE 1, 2022
MS. ROSENTHAL: I MEAN, THIS BILL APPLIES TO THE
SALE AND DEFACEMENT. SO IT DOESN'T --
MR. LAWLER: I'M SORRY, DEFACEMENT?
MS. ROSENTHAL: DEFACEMENT. IF SOMEBODY --
MR. LAWLER: SO IF THEY -- IF THEY ALTER THE
MICROSTAMPING.
MS. ROSENTHAL: YEAH.
MR. LAWLER: OKAY. SO IF THE 16- OR 17-YEAR-OLD
USES A DEFACED MICROSTAMPED GUN WHAT WOULD HAPPEN TO THEM?
MS. ROSENTHAL: IT DEPENDS. IF THEY DEFACED IT --
HOLD ON A SEC.
MR. LAWLER: WILL THEY BE CHARGED CRIMINALLY?
MS. ROSENTHAL: I HAVE TO GET BACK TO YOU ON
THAT. I'LL GET BACK TO YOU ON THAT.
MR. LAWLER: SO -- I MEAN, I THINK IT'S AN
IMPORTANT QUESTION TO HAVE AN ANSWER ON BECAUSE AS WE'VE SEEN ACROSS
THE STATE YOU HAVE A LOT OF 16- AND 17-YEAR-OLDS THAT ARE COMMITTING
CRIMES WITH GUNS. AND IF WE'RE TRYING TO CLOSE SOME OF THE LOOPHOLES,
IF WE'RE TRYING TO ADDRESS GUN VIOLENCE, SHOULDN'T THOSE WHO USE A GUN
IN THE COMMISSION OF A CRIME BE HELD ACCOUNTABLE IN CRIMINAL COURT?
SO IF THEY ALTER A MICROSTAMPED GUN AND USE THAT IN THE COMMISSION OF
A CRIME SHOULDN'T THEY BE CHARGED CRIMINALLY?
MS. ROSENTHAL: I'M SORRY, CAN YOU REPEAT THE
LAST QUESTION?
MR. LAWLER: YES, NO PROBLEM. SO IF A -- IF THE
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NYS ASSEMBLY JUNE 1, 2022
OBJECTIVE HERE IS TO ENSURE THAT WE GIVE LAW ENFORCEMENT A TOOL --
MS. ROSENTHAL: YES.
MR. LAWLER: -- TO GO AFTER CRIMINALS AND THAT
ANYBODY WHO WOULD ALTER THE MICROSTAMPING OF A GUN IS HELD
ACCOUNTABLE FOR THAT, WHAT HAPPENS WHEN A 16- OR 17-YEAR-OLD USES A
GUN -- AND THIS IS NOT LIKE SOME HYPOTHETICAL, THIS IS ACTUALLY HAPPENING
-- WHAT HAPPENS TO THAT 16- OR 17-YEAR-OLD? SHOULD THEY BE HELD IN --
-- IN -- CHARGED IN CRIMINAL COURT BASED ON THIS LAW?
(PAUSE)
MS. ROSENTHAL: THE LAWS GOVERNING 16- AND
17-YEAR-OLDS WOULD -- WOULD APPLY HERE AND THEY WOULD BE
MISDEMEANOR OFFENSES. FOR THE FIRST VIOLATION, IT WOULD BE A CLASS B,
SECOND WOULD BE A CLASS A IF -- IF THEY BASICALLY DEFACE.
MR. LAWLER: SO WHEN YOU SAY THE LAWS GOVERNING
16- AND 17-YEAR-OLDS WOULD APPLY, THAT MEANS THEY WOULD BE CHARGED
IN FAMILY COURT?
MS. ROSENTHAL: YES.
MR. LAWLER: OKAY, SO DO YOU NOT SEE A PROBLEM
WITH SOMEBODY WHO'S 16 AND 17 USING A DEFACED GUN IN THE
COMMISSION OF A CRIME?
MS. ROSENTHAL: WHAT WE'RE TALKING ABOUT HERE IS
DEFACEMENT, NOT -- NOT USED BY A PERSON OF -- OF A CERTAIN AGE.
MR. LAWLER: WELL, IN ORDER TO DETERMINE THE
DEFACEMENT OBVIOUSLY IT WAS USED SOMEWHERE, CORRECT?
MS. ROSENTHAL: NOT NECESSARILY.
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NYS ASSEMBLY JUNE 1, 2022
MR. LAWLER: OKAY. SO IF THEY JUST CARRY A
DEFACED GUN HOW ARE YOU GOING TO DETERMINE THAT IT WAS DEFACED IF
THEY'RE JUST CARRYING IT?
MS. ROSENTHAL: THAT WOULD BE UP TO LAW
ENFORCEMENT.
MR. LAWLER: OKAY.
ON THE BILL, MR. SPEAKER.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. LAWLER: IT'S CLEAR BASED ON THIS CONVERSATION
HERE TODAY THAT THERE ARE A LOT OF QUESTIONS UNANSWERED AND THE
TECHNOLOGY IS NOT THERE. THE FACT THAT WE HAVE TO STIPULATE IN THE BILL
THAT DCJS NEEDS TO CERTIFY OR NOT CERTIFY, DECLINE TO CERTIFY WHETHER OR
NOT THIS TECHNOLOGY IS THERE AND VIABLE IS DISTURBING. SO MANY OF THE
QUESTIONS COULDN'T EVEN BE ANSWERED. AND WHEN YOU LOOK AT THE FACT
THAT WE'RE TALKING ABOUT MICROSTAMPING A SPECIFIC COMPONENT THAT CAN
BE EASILY REPLACED, OBVIOUSLY THOSE PEOPLE WHO WOULD SEEK TO DO HARM
AND COMMIT VIOLENT ACTS WILL DO JUST THAT. THEY WILL DEFACE THE GUN.
OR AS MY COLLEAGUE ASTUTELY POINTED OUT THEY WILL USE A REVOLVER IN
WHICH THE CASING DOES NOT LEAVE THE GUN. SO I THINK THIS BILL HAS A LOT
OF WORK STILL LEFT TO DO. I THINK IT CONTINUES TO BE DEEPLY DISTURBING THAT
WHEN THIS BODY TRIES TO ADDRESS GUN VIOLENCE THEY REFUSE TO ADDRESS
16- AND 17-YEAR-OLDS WHO USE GUNS IN THE COMMISSION OF A CRIME. IF --
IF WE'RE TRYING TO END GUN VIOLENCE, IF WE'RE TRYING TO END THE SCOURGE
OF PEOPLE USING GUNS TO CAUSE HARM THEN THERE MUST BE ZERO TOLERANCE.
A16- OR 17-YEAR-OLD SHOULD BE CHARGED IN CRIMINAL COURT IF THEY WERE
58
NYS ASSEMBLY JUNE 1, 2022
TO VIOLATE THIS LAW OR ANY OTHER PROVISIONS WITH RESPECT TO GUNS. IT IS
ILLEGAL FOR THEM TO POSSES IT AND YET WE WANT TO CHARGE THEM IN FAMILY
COURT. THIS IS HAPPENING ALL ACROSS THE COUNTRY WHERE GANGS ARE USING
16- AND 17-YEARS-OLDS TO COMMIT CRIMES. AND SO IF WE'RE GOING TO
CRACK DOWN ON ILLEGAL GUNS, ON GHOST GUNS, IF WE'RE GOING TO TRY TO
MICROSTAMP GUNS THEN THERE HAS TO BE ZERO TOLERANCE. AND THE FACT THAT
MY COLLEAGUE SAID THAT --
(BUZZER SOUNDS)
-- THE CURRENT LAWS WOULD GOVERN 16- AND
17-YEAR-OLDS IS EVERYTHING YOU NEED TO KNOW.
ACTING SPEAKER AUBRY: MR. LAWLER, THANK
YOU.
MR. MANKTELOW.
MR. MANKTELOW: THANK YOU, MR. SPEAKER.
WOULD THE SPONSOR YIELD FOR A COUPLE OF QUESTIONS, PLEASE?
ACTING SPEAKER AUBRY: MS. ROSENTHAL, WILL
YOU YIELD?
MS. ROSENTHAL: YES.
ACTING SPEAKER AUBRY: MS. ROSENTHAL YIELDS,
SIR.
MR. MANKTELOW: THANK YOU SO MUCH, MA'AM.
EARLIER -- EARLIER ON THE DEBATE WE -- THIS IS A MICROSTAMPING BILL, OF
COURSE, YOU TALKED ABOUT GUN SAFETY. SO -- SO WHAT DOES THIS BILL DO FOR
GUN SAFETY?
MS. ROSENTHAL: WHAT THIS BILL DOES IS GIVE LAW
59
NYS ASSEMBLY JUNE 1, 2022
ENFORCEMENT A TOOL TO -- TO TRACK DOWN CRIMES AND THE PEOPLE WHO
COMMIT THEM.
MR. MANKTELOW: BUT ISN'T THE GOAL IS TO CREATE
NO CRIMES, TO STOP THE CRIMES FROM HAPPENING THROUGH DIFFERENT WAYS
OF DOING GUN SAFETY? ISN'T THAT THE ULTIMATE GOAL IS TO STOP THE CRIMES,
STOP COMMITTING THE CRIMES, STOP USING A GUN. ISN'T THAT THE ULTIMATE
GOAL?
MS. ROSENTHAL: WELL, I MEAN, OBVIOUSLY WE
WANT THAT TO BE A GOAL OF ALL OF OUR -- OUR GUN LAWS. HOWEVER, IT MAKES
PEOPLE HAVE TO BE MORE ACCOUNTABLE TO THE LAW BECAUSE THEY ARE
REQUIRED TO USE MICROSTAMPED-ENABLED SEMIAUTOMATIC TO BUY IT.
MR. MANKTELOW: WHO DOES IT MAKE MORE
ACCOUNTABLE?
MS. ROSENTHAL: I'M SORRY?
MR. MANKTELOW: WHO DOES IT MAKE MORE
ACCOUNTABLE?
MS. ROSENTHAL: WHO DOESN'T...
MR. MANKTELOW: WHO -- YOU SAID IT MAKES
INDIVIDUALS MORE ACCOUNTABLE.
MS. ROSENTHAL: YES.
MR. MANKTELOW: WHAT INDIVIDUALS ARE YOU
TALKING ABOUT? WHO -- WHO DOES IT MAKE MORE ACCOUNTABLE?
MS. ROSENTHAL: SO IF A PERSON BUYS A
MICROSTAMPED THEY KNOW THAT IF THEY USE IT IN COMMITTING A CRIME, FOR
EXAMPLE, THAT IT CAN BE MORE EASILY TRACED.
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NYS ASSEMBLY JUNE 1, 2022
MR. MANKTELOW: SO YOU -- YOU -- SO JUST TO --
JUST TO HELP ME UNDERSTAND THIS. SO IF I'M A BAD GUY OR A ROBBER OR
SOMETHING, I'M GOING TO KNOW TO CHECK THAT PISTOL OUT AND MAKE -- TO
SEE IF IT'S MICROSTAMPED BEFORE I COMMIT THE CRIME SO -- SO I KNOW I
WON'T DO IT THEN BECAUSE I KNOW IT'S MICROSTAMPED?
MS. ROSENTHAL: YOU KNOW, WE -- WE -- WE ENACT
LAWS AND -- AND WE EXPECT PEOPLE TO BE LAW-ABIDING AND FOLLOW THE
LAW. IN THIS CASE IF A MICROSTAMPED GUN IS USED IN THE COMMISSION OF A
CRIME, LAW ENFORCEMENT HAS ANOTHER TOOL TO HELP TRACK DOWN WHO --
WHO COMMITTED THAT CRIME.
MR. MANKTELOW: SO -- SO IF MY GUN IS -- IF MY
PISTOL IS TAKEN FROM MY HOUSE AND IT'S MICROSTAMPED, SOMEBODY USES IT
IN A CRIME WILL I BE HELD LIABLE?
MS. ROSENTHAL: IS IT WHAT?
MR. MANKTELOW: WILL I BE HELD LIABLE BECAUSE IT
WAS MY PISTOL?
MS. ROSENTHAL: WELL, I -- I WOULD HOPE IF THAT
HAPPENED TO YOU THAT YOU WOULD REPORT IT IMMEDIATELY THAT YOUR GUN
WAS STOLEN.
MR. MANKTELOW: WELL, OF COURSE. ABSOLUTELY
THE FIRST THING I -- THE FIRST THING I WOULD DO, MA'AM.
MS. ROSENTHAL: YES.
MR. MANKTELOW: BUT IF -- IF THE BAD PERSON GETS
MY PISTOL AND USES IT TO KILL SOMEONE BECAUSE IT WAS MY PISTOL --
MS. ROSENTHAL: RIGHT.
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NYS ASSEMBLY JUNE 1, 2022
MR. MANKTELOW: -- HE TOOK IT, HE OR SHE TOOK IT,
IS THERE A CHANCE THAT I WOULD BE HELD LIABLE?
MS. ROSENTHAL: IF SOMEONE STOLE YOUR CAR AND
YOU HIT SOMEBODY, WOULD YOU BE CHARGED WITH KILLING THAT PERSON? IT'S
THE SAME SYSTEM.
MR. MANKTELOW: OKAY. SO I -- SO I WOULD NOT
BE HELD LIABLE. THAT'S WHAT YOU'RE SAYING, RIGHT?
MS. ROSENTHAL: IF YOU DID NOT DO IT AND YOU
REPORTED THAT YOUR GUN IS STOLEN THEN, YOU KNOW, YOU WILL NOT BE HELD
LIABLE.
MR. MANKTELOW: SO AS LONG AS I REPORT IT I
SHOULD BE IN THE CLEAR.
MS. ROSENTHAL: WELL, YOU KNOW HOW IT IS. IF
YOUR -- IF YOUR CAR IS STOLEN AND -- AS I SAID EARLIER, YOUR CAR IS STOLEN,
THE PERSON WHO STOLE IT HITS SOMEONE AND KILLS THEM, THEY'RE NOT GOING
GO TO YOU, THEY'RE GOING TO TRACK DOWN -- IN THEIR DEVELOPMENT OF THE
CASE THEY'RE GOING TO TRACK DOWN WHO -- WHO ACTUALLY DID IT. AND IF
YOU HAVE A PERFECTLY GOOD EXPLANATION, THEN WHY WOULD YOU BE HELD
ACCOUNTABLE?
MR. MANKTELOW: SO -- SO I STILL DON'T
UNDERSTAND. SO IF YOU TRACKED DOWN MY PISTOL THAT BELONGS TO ME IN A
CRIME, HOW DOES THAT HELP SOLVE THAT CRIME?
MS. ROSENTHAL: IF YOU -- YOU KNOW, IT GIVES
THEM A LEAD.
MR. MANKTELOW: A LEAD TO WHAT?
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NYS ASSEMBLY JUNE 1, 2022
MS. ROSENTHAL: THE MORE INFORMATION THAT LAW
ENFORCEMENT HAS THE BETTER THAT THEY CAN FIT THE PIECES TOGETHER.
MR. MANKTELOW: WELL, IF THEY HAVE THE
CARTRIDGE THAT HAS ALREADY BEEN MICROSTAMPED, THEY HAVE ALL THE
INFORMATION THEY'RE GOING TO GAIN FROM THAT PISTOL. I JUST -- I JUST REALLY
DON'T UNDERSTAND WHAT MORE THEY'RE GOING TO GAIN.
MS. ROSENTHAL: YOU KNOW, WE -- WELL, I'M NOT
LAW ENFORCEMENT. I DON'T DEVELOP CASES, BUT --
MR. MANKTELOW: SURE.
MS. ROSENTHAL: -- VERY EXPERIENCED DETECTIVES,
ET CETERA, THEY KNOW HOW TO HANDLE THESE KIND OF ISSUES.
MR. MANKTELOW: OKAY. JUST ANOTHER QUESTION.
YOU'RE TALKING ABOUT HELPING TO SOLVE CRIMES. WHAT KIND OF CRIMES ARE
YOU TALKING ABOUT?
MS. ROSENTHAL: ANY CRIMES THAT ARE COMMITTED
WITH THESE PISTOLS.
MR. MANKTELOW: SO A ROBBERY, A MURDER,
ANYTHING.
MS. ROSENTHAL: WHATEVER CRIMES ARE COMMITTED
WITH THE PISTOLS.
MR. MANKTELOW: OKAY. ARE -- ARE WE DOING
ANYTHING TO ADDRESS THE INDIVIDUAL THAT'S ACTUALLY PULLING THE TRIGGER?
MS. ROSENTHAL: THE WHAT?
MR. MANKTELOW: ARE WE DOING ANYTHING THAT
ACTUALLY ADDRESSES THE INDIVIDUAL THAT MAKES THE DECISION TO PULL THAT
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TRIGGER?
MS. ROSENTHAL: WELL, THAT'S BEYOND THE SCOPE OF
THIS BILL. BUT THERE -- WE HAVE OTHER LAWS. THERE ARE OTHER BILLS
COMING UP THAT PERHAPS DEAL WITH THAT, BUT THIS BILL DOES NOT.
MR. MANKTELOW: OKAY. SO THE WAY I LOOK AT IT,
GUN SAFETY WOULD BE USED PRIOR TO SOMEONE USING A GUN, TEACHING THEM
THE RIGHT AND WRONG WAYS. I GUESS THAT'S WHERE MY CONFUSION WAS.
I WAS DOING A LITTLE RESEARCH WHILE WE WERE DEBATING
HERE WITH SOME OF THE OTHER MEMBERS, AND DO YOU KNOW HOW MANY OF
THE -- WHAT THE MAKEUP IS OF MALE VERSUS FEMALE SHOOTERS?
MS. ROSENTHAL: I DO NOT HAVE THAT NUMBER HERE.
MR. MANKTELOW: IT'S ABOUT 90 TO 95 PERCENT
MALE SHOOTERS, MAYBE EVEN A LITTLE MORE IN SOME SITUATIONS. I WONDER
WHY THAT IS. I WONDER WHY IT'S MALE -- THAT MANY MALE VERSUS FEMALE.
WHY IS IT NOT 50-50, 65 -- 65-35?
MS. ROSENTHAL: I'M NOT SURE HOW -- WHAT THE
RELEVANCE OF THAT QUESTION IS TO THIS BILL'S CONTENT.
MR. MANKTELOW: OKAY. WELL, THE BILL IS
ULTIMATELY DESIGNED FOR GUN SAFETY TO STOP CRIMES, CORRECT?
MS. ROSENTHAL: NO MATTER YOUR -- YOUR GENDER,
HOW YOU IDENTIFY, HAS NOTHING TO DO WITH THAT.
MR. MANKTELOW: THAT HAS NOTHING TO DO WITH
IT?
MS. ROSENTHAL: NO, IT HAS TO DO WITH THE PERSON
WHO DEFACES OR -- OR BUYS IT, SELLS IT, AND NOTHING TO DO WITH THEIR
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NYS ASSEMBLY JUNE 1, 2022
GENDER, IF THEY'RE GAY, IF THEY'RE TRANSGENDER, IF THEY'RE STRAIGHT, IF
THEY'RE NON-BINARY. NONE OF THAT HAS ANY IMPORTANCE HERE WHEN IT
COMES TO THIS BILL.
MR. MANKTELOW: OKAY. SO ALL THIS BILL IS GOING
TO DO IS IDENTIFY THE CARTRIDGE THAT WAS -- THAT WAS USED COMING OUT OF
THE GUN, THE AUTOMATIC PISTOL BECAUSE OF THE MICROSTAMPING, CORRECT?
MS. ROSENTHAL: YES.
MR. MANKTELOW: AND -- AND IF WE DO THAT, THAT
WILL HELP MAKE OUR STREETS SAFER, CREATE LESS -- LESS CRIMES?
MS. ROSENTHAL: YOU KNOW -- AND I'M GOING TO
MAKE A PUN HERE -- THERE'S NO MAGIC BULLET THAT WILL SOLVE THE PROBLEM
OF GUN VIOLENCE OUT THERE. BUT WE TAKE STEPS. AND AS I'M SURE YOU'VE
HEARD, THE PLEAS OF THE MOTHERS AND FATHERS WHOSE CHILDREN WERE
MASSACRED IN BUFFALO OR IN TEXAS, THEY SAY, DO SOMETHING. WE ARE
DOING SOMETHING, AND THERE ARE MORE BILLS IN THIS PACKAGE THAT WILL DO
SOMETHING BECAUSE IT IS IMPERATIVE THAT IF THE FEDERAL GOVERNMENT IS
NOT GOING TO TAKE STEPS, WE HERE IN THE STATE WILL DO SOMETHING TO
PROTECT OUR SOCIETY FROM GUN VIOLENCE.
MR. MANKTELOW: OKAY. I APPRECIATE YOUR TIME,
MADAM. AND YES, YOU'RE EXACTLY RIGHT. THERE IS NO SILVER BULLET THAT
WILL FIX ANYTHING OF THIS.
MS. ROSENTHAL: WELL, MINE WAS "MAGIC" BUT
YOU CAN HAVE A SILVER ONE.
MR. MANKTELOW: WELL, I'M -- WELL, I THANK YOU
--
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NYS ASSEMBLY JUNE 1, 2022
MS. ROSENTHAL: THANK YOU.
MR. MANKTELOW: -- FOR YOUR TIME.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. MANKTELOW: THANK YOU, SIR. I JUST ASKED A
FEW QUESTIONS AND THE SPONSOR DID SAY SOMETHING ABOUT THE MASS
SHOOTINGS. OF COURSE WE'RE -- WE'RE DEVASTATED FOR THOSE FAMILIES THAT
LOST THOSE LOVES ONES, AND AS THE SPONSOR SAID, IT'S -- THE FEDERAL
GOVERNMENT IS NOT GOING TO DO ANYTHING. THEY'RE NOT GOING TO ADDRESS
THIS. OR AT LEAST NOT THE WAY WE THINK WE SHOULD HERE IN NEW YORK
STATE. BUT AGAIN, WE ARE AGAIN LOOKING AT THE GUN. THE GUN HERE IS NOT
THE ISSUE. AND I WILL GIVE THIS EXAMPLE -- I'LL GIVE TWO EXAMPLES,
ACTUALLY: IF A BAD PERSON USES A GUN AND KILLS SOMEONE, THEY -- THEY
BLAME THAT PERSON -- OR THEY BLAME THAT GUN, I'M SORRY. THEY BLAME THE
GUN. WHEN OUR LAW ENFORCEMENT, GOD FORBID THEY HAVE TO USE IT TO
SAVE SOMEBODY'S LIFE, WHO'S ON TRIAL? IT'S OUR LAW ENFORCEMENT OFFICIALS
RIGHT OFF THE BAT. IT'S NOT THAT GUN, IT'S OUR LAW ENFORCEMENT OFFICIALS.
WE HAVE GOT TO COME TOGETHER TO COME UP WITH A SOLUTION.
SO I WAS DOING A LITTLE RESEARCH, AND AS THE SPONSOR
HAD BROUGHT UP AGAIN ABOUT THE MASS SHOOTINGS NOT ONLY RECENTLY HERE
IN NEW YORK AND IN TEXAS, WHICH ARE HORRIFIC, BUT AROUND -- AROUND
THE UNITED STATES, AROUND -- AROUND EVERYWHERE. SO WHEN I WAS YOUNG
-- MY PRIOR MEMBER HERE HAD TALKED ABOUT 16- AND 17-YEAR-OLDS.
WHAT'S THE COMMON THREAD? IF YOU DO THE MATH, IF YOU LOOK AT
EVERYTHING GOING ON, THE COMMON THREAD ARE -- IS MOST OF THESE
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SHOOTERS ARE MALE SHOOTERS. NO DOUBT ABOUT IT. SO WHAT'S DRIVING
THOSE MALE SHOOTERS TODAY? I WAS A MALE. I WAS A MALE BACK AT 16 AND
17. I HAD LOTS OF GUNS. I NEVER THOUGHT ABOUT SHOOTING ANYBODY, I
NEVER THOUGHT ABOUT COMMITTING A CRIME. SO I WAS DOING A LITTLE
RESEARCH ON THIS, AND WE HAVE TO STOP IT BEFORE IT GETS TO THE CRIME. SO
WHAT'S DRIVING THESE YOUNG MEN, THESE YOUNG MALE FIGURES TO DO THESE
CRIMES? AND LOOKING AT WHAT ONE OF THE PROFESSORS LOOKED AT, THEY'RE
-- THEY'RE LOOKING AT VIDEO GAMES. THE DRASTIC AGGRESSIVE SOLUTIONS.
AND I'LL QUOTE -- I'LL -- I WOULD LIKE TO READ THIS, WHAT DR. ANDERSON
SAID. VIOLENT VIDEO GAMES PROVIDE A FORM FOR LEARNING AND PRACTICING
AGGRESSIVE SOLUTIONS TO CONFLICT -- TO CONFLICT SITUATIONS, SAID DR.
ANDERSON. IN THE SHORT-RUN, PLAYING A VIDEO --A VIOLENT VIDEO GAME
APPEARS TO AFFECT AGGRESSIVE (INAUDIBLE) PRIMARY AND AGGRESSIVE
THOUGHTS. AND IF YOU LOOK -- IF YOU LOOK AT THE NUMBER OF MALE OR
YOUNG MEN THAT PLAY VIOLENT VIDEO GAMES COMPARED TO YOUNG BOYS AND
MEN THAT CREATE VIOLENT ACTIONS BY SHOOTING, THERE'S DEFINITELY A TIE.
THERE'S A TIE TOGETHER. SO INSTEAD OF AGAIN ADDRESSING THE GUN, LET'S
HELP THESE INDIVIDUALS GET HELP SO THEY DON'T GET TO THE POINT WHERE
THEY'RE USING A GUN. WE, AS THE STATE, SHOULD BE LOOKING AT SOME OF
THIS INSTEAD OF AGAIN ADDRESSING A GUN THAT WE ALL KNOW IF WE'RE GOING
TO MICROSTAMP IT'S NOT GOING TO STOP A BAD PERSON FROM USING IT.
THEY'RE GOING TO FIND WAYS AROUND IT. WE'VE HEARD THAT THIS MORNING
HEAR ON THE FLOOR. WE KNOW THEY'RE GOING TO GET IT FROM ANOTHER STATE,
WE KNOW THEY'RE GOING TO FILE SOMETHING DOWN. LET'S REALLY ADDRESS
THE ISSUE AND GET THESE YOUNG INDIVIDUALS HELP. THAT IS THE MOST
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NYS ASSEMBLY JUNE 1, 2022
PROACTIVE THING WE CAN DO, BECAUSE AS THE SPONSOR SAYS, IT WILL HELP
SOLVE THE CRIME. LET'S DO THE RIGHT THING AND NOT ALLOW IT TO BE A CRIME.
LET'S STOP IT BEFORE IT BECOMES A CRIME. LET'S GET THE HELP FOR THESE
INDIVIDUALS. SO MR. SPONSOR -- I'M SORRY, MR. SPEAKER, I APOLOGIZE --
MR. SPEAKER, THIS DOESN'T CHANGE ANYTHING. THIS ISN'T GOING TO SLOW
ANYTHING DOWN. WE HAVE TO GET IT DONE BEFORE THEY GET THE URGE TO
WANT TO SHOOT. SO LET'S WORK ON THAT, AND I'D BE MORE THAN WILLING TO
HELP ANYONE DO THIS.
SO THANK YOU FOR THE TIME, MADAM SPONSOR, THANK
YOU FOR YOUR TIME AND TAKING THE TIME TO ANSWER MY QUESTIONS. I VERY
MUCH APPRECIATE IT. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. DIPIETRO.
MR. DIPIETRO: THANK YOU, MR. SPEAKER.
ON THE BILL, PLEASE.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. DIPIETRO: THANK YOU. FIRST, I'D LIKE TO
CONGRATULATE PEOPLE ON MY SIDE OF THE AISLE. THEY'VE SHOWN THAT
THEY'RE KNOWLEDGEABLE, EXPERTISE AND THEY KNOW THIS BILL INSIDE AND
OUT AND THEY'VE DONE A GREAT JOB. I WOULD LIKE TO START OUT WITH WE ALL
DEBATE A LOT OF THINGS UP HERE SOME OF US DON'T LIKE. YOU KNOW, THERE'S
A LOT OF GARBAGE UP HERE, BUT FOR ME PERSONALLY THIS IS PROBABLY THE
BIGGEST DUMP -- DUMPSTER FIRE OF ANY BILL THAT I'VE DEBATED. AND I
ENJOY DEBATING THIS BECAUSE LET'S START OUT WITH TECHNOLOGY. LET'S BE
VERY CLEAR: THERE IS NO TECHNOLOGY OUT THERE TODAY TO MICROSTAMP.
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NYS ASSEMBLY JUNE 1, 2022
ZERO. SO YOU CAN TALK ABOUT PIE IN THE SKY, WE'RE GOING TO DO
SOMETHING, WE'RE GOING TO STOP THE CRIMINALS WITH MICROSTAMPING.
THERE'S NO TECHNOLOGY. TALK TO REMINGTON. I HAVE. TALK TO THE
LEADING SCIENTISTS ON MICROSTAMPING OUT OF CALIFORNIA. I HAVE. THE
TECHNOLOGY IS NOT THERE. IT'S LIKE SAYING, WE ALMOST FOUND BIGFOOT. WE
ALMOST GOT HIM. IT'S NOT THERE.
LET ME TELL YOU A LITTLE SOMETHING ABOUT TECHNOLOGY.
THIS -- THE PEOPLE HERE IN 1998 I WAS IN DRY CLEANING THAT CHANGED THE
TECHNOLOGY FOR A NEW DRY CLEANING MACHINE THAT HAD TO EQUAL SO MANY
BILLIONS OF PARTS FOR EMISSIONS. THERE WAS NO TECHNOLOGY IN THE WORLD
AT THAT TIME TO DO THIS. ONLY IN NEW YORK STATE. BUT THEY ENACTED IT
ANYWAY. AND YOU KNOW WHAT THEY SAID? THEY SAID BECAUSE THE
TECHNOLOGY WILL BE THERE IN A FEW YEARS. SO WHEN 20 PERCENT OF THE DRY
CLEANERS WENT OUT OF BUSINESS BECAUSE THEY COULDN'T AFFORD THESE NEW
MACHINES, WHICH WEREN'T -- WEREN'T TECHNICALLY SPECIFIC, THEY DIDN'T
HAVE IT, TO THIS DAY 24, 25 YEARS LATER THE TECHNOLOGY STILL IS NOT THERE
AROUND THE WORLD. THE MANUFACTURERS STILL HAVEN'T FOUND OUT A WAY TO
COMPLY WITH ONLY NEW YORK STATE'S TECHNOLOGY. THAT'S THE JUNK WE
GET HERE. AND WE GOT IT WITH ELECTRIC. THERE'S NO TECHNOLOGY OUT THERE
TO MAKE IT WORTHWHILE IN 2024 AND IN 2030 AND WE'RE DOING IT TODAY.
LET'S TALK ABOUT TECHNOLOGY. LET'S TALK ABOUT THE FIRING
PIN. OBVIOUSLY A LOT OF PEOPLE IN THIS CHAMBER HAVE NO CLUE WHAT A
FIRING PIN DOES OR WHAT IT IS. THE FIRING PIN, IF I'M A CRIMINAL - AND
SOME MIGHT THINK I AM - BUT I'M JUST GOING TO CHANGE THE FIRING PIN
FROM ANOTHER STATE. HOW STUPID IS THIS? WE'RE GOING TO PASS UP IN
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NYS ASSEMBLY JUNE 1, 2022
NEW YORK STATE WHICHEVER CRIMINAL IS JUST GOING TO GO TO ANOTHER
STATE. CAN YOU TELL ME? I'VE TALKED TO THE SHERIFF IN BUFFALO AND I
TALKED TO ONE OF THE TROOPERS -- OR SHERIFFS IN CHICAGO LAST YEAR. EVERY
WEEKEND, HOW MANY MURDERS DO THEY HAVE IN NEW YORK CITY,
CHICAGO? DO YOU KNOW HOW MANY LEGAL GUNS ARE USED IN THOSE
MURDERS? LESS THAN ONE PERCENT. CRIMINALS DO NOT USE LEGAL GUNS THAT
CAN BE TRACED. AND THEY'RE NOT GOING TO USE SOMETHING AS STUPID AS A
MICROSTAMP THAT DOESN'T EVEN WORK. THEY'RE GOING TO CHANGE THE PIN
OUT, THEY'RE GOING TO FILE IT DOWN. AND IF YOU TALK TO THE PEOPLE, THE
SCIENTISTS LIKE I HAVE, YOU DON'T HAVE TO FILE THE WHOLE THING DOWN, YOU
FILE ONE LITTLE PART OF IT AND THEY'LL NEVER TRACE IT. IT DOESN'T WORK. LET'S
TALK ABOUT WHAT THEY SAID, WELL, WHY DON'T YOU DO A DATABASE? I HEARD
THIS DATABASE. DO YOU REALLY TRUST A DATABASE? WHAT DOES THAT
DATABASE DO? WELL, IF YOU WEREN'T HERE TEN YEARS AGO AND DEBATING IT
LIKE I DID AND THEN EVERY YEAR AFTER THAT, THE DATABASE WAS WHEN
GOVERNOR CUOMO PUT $80 MILLION IN THE SAFE ACT OVER FIVE YEARS,
$16 MILLION A YEAR FOR A DATABASE. AND AN ADDITIONAL $3.2 MILLION
EVERY YEAR FOR FIVE YEARS FOR 16 -- WE FOUND OUT 16 STATE TROOPERS.
AND YOU KNOW WHAT WAS IRONIC ABOUT THAT AS I DEBATED THAT EVERY YEAR
IS BECAUSE THE 16 TROOPERS WHEN I ASKED THE MAJORITY EVERY YEAR WHO
THEY WERE, WHAT THEY DID, WHAT THEIR TITLE WAS, WHERE WERE THEY
STATIONED, THEY WOULD NOT GIVE ME AN ANSWER BECAUSE GOVERNOR
CUOMO TOLD THEM THEY COULDN'T GIVE ANY ANSWERS. WHAT THEY WERE
WERE BROWN SHIRT SECRET POLICE THAT WORKED ONLY FOR THE GOVERNOR.
THAT DATABASE THAT HE PUT TOGETHER WAS ONLY TO FIND LAW-ABIDING GUN
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NYS ASSEMBLY JUNE 1, 2022
OWNERS, $80 MILLION. WHERE IS THAT DATABASE, FOLKS? HAVE YOU HEARD
IT? THAT WAS TEN YEARS AGO. WHERE'S THE DATABASE? WHO ARE THE 16
STATE TROOPERS THAT WERE WORKING SECRETLY FOR GOVERNOR CUOMO ON THE
SAFE ACT? WHERE ARE THEY? GIVE ME AN ANSWER. NO ONE HAS IN TEN
YEARS. SO YOU EXPECT US TO SIT HERE WITH THIS GARBAGE LEGISLATION AND
BELIEVE IT AND TRUST IT LIKE SOME OF THE OTHER JUNK THAT COMES UP HERE?
NOT A CHANCE. LOOK, FACED WITH THE FACTS ABOUT CRIMINALS THE OTHER
SIDE OF THE AISLE REFUSES AND IGNORES THE FACTS. FOR SOME REASON,
CRIMINALS ARE MORE IMPORTANT THAN LAW-ABIDING CITIZENS AND
LAW-ABIDING CITIZENS WHO ARE LEGAL GUN OWNERS ARE NOW CRIMINALS.
HOW UPSIDE DOWN AND CRAZY IS THAT? BUT THAT'S WHAT WE HAVE HERE.
OH, YOU WANT AN ILLEGAL GUN, 16, 17-YEAR-OLDS? OH, FORGET IT, WE'RE NOT
EVEN GOING TO TOUCH THAT. REALLY? WHY DO YOU THINK REMINGTON LEFT?
IT WAS AN ASSAULT ON GUN MANUFACTURERS. THEY SAID, SEE YOU LATER,
SAYONARA. WE'RE GONE. THREE THOUSAND JOBS, POOF. BUT THAT'S OKAY.
YOU KNOW, I DEBATED ANOTHER ONE OF THESE STUPID GUN
BILLS IN THE -- IN THE -- IN THE FIRST PART OF THIS SESSION. I ASKED A VERY
SIMPLE QUESTION OF THE SPONSOR. WHAT DOES AR MEAN TO YOU? BECAUSE
THAT'S ALL WE HEAR, AR-15, AR, AR. AND THE ANSWER FROM THE MAJORITY
WAS ASSAULT RIFLE. (INDISCERNIBLE SOUND). NO. AR STANDS FOR ARMALITE
RIFLE COMPANY. IT'S THE MANUFACTURER WHICH WAS BROKEN DOWN TO AR.
IT HAS NOTHING TO DO WITH ASSAULT RIFLE. THAT'S NOT WHAT IT MEANS. BUT
THAT'S THE IGNORANCE OF PEOPLE WHO DEBATE GUN BILLS WHO DON'T KNOW
ANYTHING ABOUT WHAT THEY'RE TALKING ABOUT. I CAN'T WAIT TO PASS THIS BILL
AND WATCH THE CRIMINALS GO, BOY, I WAS GOING TO GO SHOOT UP SOMEBODY
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NYS ASSEMBLY JUNE 1, 2022
IN CHICAGO OR NEW YORK CITY, BUT YOU KNOW WHAT? I GOT TO WAIT A
WEEK BECAUSE I JUST DON'T HAVE THE RIGHT MICROSTAMPED FIRING PIN. BOY,
I'M GOING TO HAVE TO WAIT ON THAT. GIVE ME A BREAK. WE WASTED TWO
HOURS OF OUR TIME IN THIS CHAMBER ON THIS JUNK. THIS IS A DUMPSTER
FIRE, IT ALWAYS HAS BEEN. I ENJOY DEBATING IT, THOUGH. AND I'D LIKE YOU
TO TAKE THAT TO HEART VERY SERIOUSLY ABOUT WHAT I SAID ABOUT GOVERNOR
CUOMO AND THE $80 MILLION FOR A DATABASE THAT NO ONE KNOWS WHAT IT
IS, WHERE IT IS, WHAT IT'S USED FOR. AND THE $16 MILLION OR THE $2. --
EXCUSE ME, $3.2 MILLION FOR FIVE YEARS, ABOUT 16 MILLION THAT WENT TO A
SECRET POLICE FORCE WHICH YOU NEVER CAN FIND OUT ANY DATA ON AND HAVE
NEVER BEEN ABLE TO. THAT'S VERY SCARY STUFF, FOLKS, AND IT HAPPENED
RIGHT HERE IN NEW YORK.
SO WITH THAT, BOY, I -- I URGE A HUGE NO VOTE ON THIS ON
JUST ONE BASIC FACT: THERE'S NO TECHNOLOGY. IT'S NOT THERE. IT'S NOT
GOING TO BE THERE NEXT YEAR AND IT'S NOT GOING TO BE THERE THE YEAR AFTER.
AND YOU CAN TALK TO THE NUMBER-ONE SCIENTIST WHO IS DEVELOPING THIS IN
CALIFORNIA AND HE WILL TELL YOU THAT. AND IF YOU DON'T BELIEVE IT THEN GO
AHEAD. BECAUSE YOU KNOW WHAT'S GOING TO HAPPEN? IS THEY'RE JUST
GOING TO GO TO PENNSYLVANIA OR NEW JERSEY AND THEY'RE GOING TO BUY
THEIR FIREARMS BECAUSE 99 PERCENT OF ALL THE MURDERERS ARE NOT WITH
LEGAL FIREARMS. AND CRIMINALS ARE VERY SMART. AND THEY LOOK AT WHAT
WE DO UP HERE ON THIS STUFF AND THEY LAUGH.
WITH THAT, I APPRECIATE YOU ALLOWING ME TO VENT MY
COMMENTS, MR. SPEAKER. I URGE A NO VOTE ON THIS. THANK YOU VERY
MUCH.
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NYS ASSEMBLY JUNE 1, 2022
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. REILLY.
MR. REILLY: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD FOR A FEW QUESTIONS, PLEASE?
ACTING SPEAKER AUBRY: MS. ROSENTHAL, WILL
YOU YIELD?
MS. ROSENTHAL: CERTAINLY.
ACTING SPEAKER AUBRY: MS. ROSENTHAL YIELDS,
SIR.
MR. REILLY: THANK YOU, MS. ROSENTHAL. SO,
CALIFORNIA HAS HAD MICROSTAMPING, AS I HEARD EARLIER, AND THEY'VE HAD IT
SINCE 2007, THEY JUST REDID A BILL IN 2020. DO WE KNOW HOW MANY
CASES THAT INVOLVED ILLEGAL SHOOTINGS, AGGRAVATED ASSAULT BY A FIREARM,
THAT WERE SOLVED WITH THE USE OF MICROSTAMPING SINCE 2007?
MS. ROSENTHAL: AS WE'VE TALKED ABOUT BEFORE,
THE BILL DID NOT GO INTO EFFECT BECAUSE THE MANUFACTURERS REFUSED TO --
TO ISSUE NEW MODELS. SO WE CAN'T USE ANY DATA FROM CALIFORNIA ON THE
ISSUES YOU'RE QUESTIONING ME ABOUT.
MR. REILLY: IS THERE -- IS THERE ANY DATA THAT'S
AVAILABLE?
MS. ROSENTHAL: NOT FROM CALIFORNIA.
MR. REILLY: IS THERE ANY DATA FROM ANYWHERE ELSE
BESIDES STUDIES? I'M TALKING REAL-LIFE PRACTICE.
MS. ROSENTHAL: THERE -- THERE ARE PLENTY OF --
THERE'S PLENTY OF EVIDENCE ON THE EFFICACY OF MICROSTAMPING AND THE
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NYS ASSEMBLY JUNE 1, 2022
ABILITY OF LAW ENFORCEMENT TO USE THE CASINGS TO TRACK THE GUN.
MR. REILLY: CAN YOU GIVE ME SOME EXAMPLES OF
THAT?
MS. ROSENTHAL: I DON'T HAVE EXAMPLES RIGHT
HERE, BUT THERE'S PLENTY OF EVIDENCE I CAN GET FOR YOU.
MR. REILLY: WELL, COULD YOU JUST RATTLE OFF A LITTLE
BIT OF TYPES OF EVIDENCE THAT YOU MAY HAVE? IS THERE STUDIES, HOW
MANY -- HOW MANY STUDIES ARE INVOLVED? MAYBE HOW MANY ROUNDS
WERE FIRED IN EACH STUDY, DID THEY FIND ANY DEFICIENCIES.
(PAUSE)
DO WE KNOW IF THERE -- AS YOU'RE LOOKING FOR THAT I JUST
WANT TO ADD THIS QUESTION TO THAT. DO WE KNOW IF THERE'S A NUMBER OF
ROUNDS THAT WOULD HAVE TO BE FIRED TO DETERMINE THAT THEY ARE
ACCURATELY OBTAINING THE MICROSTAMPED NUMBER?
MS. ROSENTHAL: WELL, THERE HAVE BEEN MANY
PEER-REVIEWED STUDIES THAT HAVE FOUND THAT MICROSTAMPED-EQUIPPED
FIREARMS ACCURATELY MARKED THOUSANDS OF ROUNDS FIRED ACROSS A VARIETY
OF DIFFERENT FIREARM MODELS, AND THAT THE MICROSTAMPED CODES WERE
LEGIBLE ON OVER 90 PERCENT OF CARTRIDGE CASES TESTED.
MR. REILLY: CAN YOU TELL ME WHO DO THAT STUDY?
WAS THAT THE MANUFACTURER OF THE MICROSTAMPING?
MS. ROSENTHAL: NO, THESE ARE PEER REVIEW
STUDIES. I CAN GET YOU WHO THE AUTHOR WAS AT A LATER DATE.
MR. REILLY: SO PEER-REVIEWED MICROSTAMPING
ANALYSIS. DO WE KNOW HOW MANY MICROSTAMPING EXPERTS THERE MAY BE
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NYS ASSEMBLY JUNE 1, 2022
IN THE WORLD?
MS. ROSENTHAL: I FAIL TO SEE THE RELEVANCE OF
THAT. WE HAVE TASKED DCJS WITH DETERMINING THE VIABILITY OF THIS
TECHNOLOGY.
MR. REILLY: OKAY. SO THE REASON WHY I ASKED
THAT, I'M GOING TO TIE THIS INTO DRUG RECOGNITION EXPERTS THAT DO DWI
AND DRIVING UNDER THE INFLUENCE. I TALKED ABOUT THAT TREMENDOUSLY
DURING A DEBATE SEVERAL YEARS AGO, AND THE REASON WHY I BRING THAT UP
IS BECAUSE DRUG RECOGNITION EXPERTS HAVE A SPECIAL TALENT AND TRAINING
TO TESTIFY IN COURT ABOUT HOW THEY OBTAIN THAT INFORMATION. IT COSTS
ROUGHLY $60,000 TO TRAIN EACH DRUG RECOGNITION EXPERT. TO PUT THAT
INTO PERSPECTIVE, THE NYPD THAT HAS 35,000 POLICE OFFICERS HAVE 16
DRES. THE REASON WHY I TIE THAT IN IS IF WE ARE GOING TO USE EXPERTS TO
TESTIFY IN COURT BASED ON MICROSTAMPING, HOW ARE THEY GOING TO BE
CERTIFIED AS EXPERTS IN THE COURT OF LAW IF WE DO NOT HAVE ENOUGH
EXPERTS ACROSS THE NATION OR THE WORLD TO -- TO -- TO GIVE THAT TRAINING
AND TO CERTIFY THOSE OFFICERS? THAT'S WHERE WE COME INTO A CONFLICT OF
IF WE EVEN HAVE MICROSTAMPING, HOW CAN WE PROVE IT? BECAUSE LET'S
FACE IT, THIS ISN'T GOING TO BE LIKE CSI WHERE WE'RE GOING TO SOLVE A
CRIME IN 40 MINUTES. WE NEED TO HAVE THE FUNDING. SO IS THERE
FUNDING IN THIS BILL FOR THAT TRAINING?
MS. ROSENTHAL: THIS BILL DOES NOT HAVE FUNDING
ATTACHED TO IT.
MR. REILLY: I'M SORRY, CAN YOU REPEAT THAT?
MS. ROSENTHAL: I SAID THIS BILL DOES NOT HAVE
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NYS ASSEMBLY JUNE 1, 2022
FUNDING ATTACHED TO IT.
MR. REILLY: OKAY. SO GETTING BACK TO THAT
QUESTION ABOUT HOW MANY EXPERTS WE HAVE IN MICROSTAMPING ACROSS
THE COUNTRY, DO WE KNOW HOW MANY AND HOW MANY ACTUALLY DID THE
PEER REVIEW OF THAT STUDY?
MS. ROSENTHAL: YOU KNOW, THERE -- THERE IS A
COMPANY CALLED TACLABS, AND IN 2018 IT BEGAN DEVELOPING A
MACHINE TO PRODUCE LARGE NUMBERS OF FIRING PINS EQUIPPED WITH
MICROSTAMPING TECHNOLOGY AND THE TOOL WAS INTRODUCED TO THE MARKET
FOR FIREARM MANUFACTURERS. FIREARM MANUFACTURERS NOW HAVE
MACHINES AVAILABLE TO DO EXACTLY WHAT THIS BILL WOULD REQUIRE THEM TO
DO.
MR. REILLY: SO THE COMPANY THAT DID THE STUDY,
WAS THAT SOMEONE WHO INVENTED OR MAYBE SELLS MICROSTAMPING
EQUIPMENT?
MS. ROSENTHAL: WHAT IS YOUR QUESTION?
MR. REILLY: SO, THE COMPANY THAT DID THAT STUDY IN
2018 --
MS. ROSENTHAL: WELL, IT'S TACLABS WHICH
DEVELOPS A MACHINE.
MR. REILLY: SO THEY -- SO TACLABS, WHO -- WHO
WE'RE BASING OUR STUDY INFORMATION ON AND DATA OF 90 PERCENT ACCURACY
ARE THE ONES THAT MAKE THE MACHINES AND SELL THEM TO THE GUN
MANUFACTURERS?
MS. ROSENTHAL: YOU KNOW I THINK YOU'RE TRYING
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NYS ASSEMBLY JUNE 1, 2022
TO IMPUNE THE PEOPLE WHO ARE TRYING TO HELP THIS COUNTRY GET A HANDLE
ON GUN VIOLENCE BY QUESTIONING HOW MANY PEOPLE THERE ARE. THERE ARE
PEOPLE WHO ARE EXPERT ON THIS. THERE ARE PEOPLE WHO HAVE VERIFIED.
THERE ARE PEER STUDIES THAT ALL SHOW THAT MICROSTAMPING TECHNOLOGY
WORKS. YOU CAN FIRE THOUSANDS UPON THOUSANDS OF ROUNDS, AND YOU
COULD STILL TRACE -- EVEN WITH PARTIAL OF THE ALPHANUMERIC CODE ON THE
CASING YOU CAN STILL TRACE IT BACK. SO I THINK A LOT OF PEOPLE TAKE
COMFORT IN THAT KNOWLEDGE BECAUSE WE'RE LOOKING FOR SOLUTIONS HERE.
WE'RE NOT LOOKING TO TEAR APART TOOLS THAT LAW ENFORCEMENT HAVE ASKED
FOR.
MR. REILLY: SO I -- I AGREE WITH YOU 100 PERCENT
THAT WE'RE NOT LOOKING TO TIE AND TAKE AWAY TOOLS THAT LAW ENFORCEMENT
HAVE, BUT UNFORTUNATELY -- YOU KNOW, I'M GONNA -- MR. SPEAKER, ON THE
BILL, PLEASE.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. REILLY: SO IT IS IRONIC THAT WE JUST TALKED
ABOUT TAKING AWAY TOOLS FROM LAW ENFORCEMENT TO COMBAT GUN
VIOLENCE. I STAND UP HERE EVERY DAY TALKING ABOUT THE THINGS THAT WE
WRITE IN THIS LEGISLATION THAT DOES NOT TRANSITION TO THE STREET THE WAY IT'S
SUPPOSED TO. SIXTEEN AND 17-YEAR-OLDS, WE HEARD ABOUT IT EARLIER, I'VE
TALKED ABOUT AD NAUSEAM. WE TALKED ABOUT IT JUST A FEW WEEKS AGO
ABOUT SELLING GUNS. THE PRESUMPTION, THREE FIREARMS. I GAVE A NICE
LITTLE SCENARIO TO EVERYBODY IN THIS CHAMBER. SIXTEEN AND 17-YEAR-OLDS
WITH THREE FIREARMS. IF HE HAS THEM IN HIS BACKPACK IT SHOULD BE
AUTOMATICALLY A PRESUMPTION THAT THEY'RE FOR SALE NOW AND HE SHOULD GO
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TO CRIMINAL COURT. BUT NO, HE GOES TO FAMILY COURT. BECAUSE A TOOL WAS
TAKEN AWAY FROM LAW ENFORCEMENT, WHICH INCLUDES PROSECUTORS AND
NOW IT GOES TO FAMILY COURT. WE SEE 16- AND 17-YEAR-OLDS LIGHTING UP
OUR STREETS. IT'S IN THE NEWS EVERY OTHER DAY ACROSS OUR STATE, AND WE
HAD THE OPPORTUNITY TO FIX THAT. I BEGGED YOU TO FIX THAT. THE STUFF
WE'RE TALKING ABOUT TODAY, MICROSTAMPING, THE TECHNOLOGY'S NOT THERE.
I SAID IT BEFORE. IT'S NOT CSI. THIS ISN'T A CBS SHOW. WE'RE NOT GOING
TO SOLVE IT IN 40 MINUTES. I ASKED SPECIFICALLY, DO WE HAVE CASE STUDIES
OF ACTUAL CRIMES THAT WERE COMMITTED AND SOLVED WITH MICROSTAMPING.
WE DO NOT. WE DO NOT. SO WHAT THAT TELLS ME IS WE CANNOT HAVE THE
EXPERTS TO TESTIFY IN COURT TO ACTUALLY PROVE THAT CASE. THE STUDY YOU
JUST HEARD ABOUT IN 2018 IS DONE BY THE MANUFACTURER OF THE
MICROSTAMPING MACHINE. A REAL PEER REVIEW? MAYBE THE STATE SHOULD
HAVE BOUGHT A MICROSTAMPING MACHINE AND ACTUALLY DID THE TEST
THEMSELVES AND NOT RELY ON SOMEONE THAT MIGHT ACTUALLY GET A BID TO
IMPLEMENT THAT. I HAVE BEEN ACCUSED OF TRYING TO PUSH AWAY THE ISSUE
TO SOMETHING ELSE JUST IN THIS DEBATE. I'M NOT DOING THAT. I'M TRYING TO
RAISE THE ISSUES THAT WE CAN DO TO FIX THINGS THAT WE SEND FROM THIS
LEGISLATURE. THAT'S ALL I EVER DO HERE IS TRY AND IMPROVE IT, TRY AND
MAKE IT WORK BETTER. BECAUSE I CAN TELL YOU, THE YEARS THAT I SPENT ON
THE STREETS IN NEW YORK PATROLLING, I WANTED THE LEGISLATURE TO DO THE
RIGHT THING AND HELP ME PROTECT OUR STREETS. WE'VE GONE WAY PAST THAT
NOW. WE DON'T DO THAT. WE ACTUALLY MAKE IT MORE DIFFICULT. BUT WE
DECIDE THAT WE'RE GOING TO PASS LEGISLATION TO FEEL GOOD. LET'S STOP
WORRYING ABOUT FEELING GOOD AND ACTUALLY ACCOMPLISH -- ACCOMPLISH
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SOMETHING. HOW ARE WE GOING TO GET OUR POLICE OFFICERS TRAINED AS
EXPERTS FOR THIS? HOW ARE WE GOING TO GET THE LABS, THE TECHNICIANS, TO
BE CERTIFIED? IT'S NOT EVEN ADDRESSED. BUT YOU KNOW WHAT? WE CAN
HIT OUR GREEN BUTTONS, WE CAN HIT OUR RED BUTTONS, WE CAN ALL WALK OUT
THE DOOR AND SAID WHY WE DID THAT, WHY WE DON'T WANT TO SUPPORT IT,
WHY WE WANT TO SUPPORT IT. BUT WE ACTUALLY COULD MAYBE GET TO A
PLACE WHERE WHAT WE PUT ON PAPER REALLY TURNS OUT TO DO THE THINGS IT'S
SUPPOSED TO ON THE STREET, IN THE COURTROOM. BUT UNTIL THAT DAY I'M
GOING TO STAND UP HERE EVERY TIME WE DISCUSS THESE THINGS, BECAUSE
THERE IS A TIME THAT I HOPE WE WILL COME TO WHERE WE'LL BE ABLE TO HAVE
THESE DISCUSSIONS AND FIX THE NECESSARY CHANGES. BUT UNTIL THAT DAY,
THIS IS MERELY FLUFF. SO HOPEFULLY YOU'LL ALL JOIN ME ONE DAY AND SAY,
LISTEN, I THINK WE CAN FIX THIS. I THINK WE CAN ACTUALLY ADD SOME
SUBSTANCE INSTEAD OF WORRYING ABOUT A PRESS RELEASE.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1,
2023.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 7926-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
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NYS ASSEMBLY JUNE 1, 2022
CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION. THOSE WHO
SUPPORT IT CAN CERTAINLY VOTE YES HERE ON THE FLOOR OR BY CONTACTING THE
MINORITY LEADER.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE WILL GENERALLY BE IN FAVOR OF THIS
PIECE OF LEGISLATION. HOWEVER, THERE MAY BE SOME OF OUR COLLEAGUES
WHO WOULD DESIRE TO BE AN EXCEPTION. THEY SHOULD FEEL FREE TO CONTACT
THE MAJORITY LEADER'S OFFICE AND THEIR VOTE WILL BE PROBABLY RECORDED.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
(THE CLERK RECORDED THE VOTE.)
TO EXPLAIN HIS VOTE, MR. ENGLEBRIGHT.
MR. ENGLEBRIGHT: THANK YOU, MR. SPEAKER. SO,
I JUST WANT TO COMPLIMENT THE SPONSOR. I THINK THIS IS AN IMPORTANT BILL
AND WE NEED TO, I THINK, PLACE IT IN PERSPECTIVE AS WE PREPARE TO VOTE.
THIS IS REALLY ABOUT TRACE EVIDENCE. A MICROSTAMP IS SIMPLY A MARK,
AND WHEN METAL HITS METAL, WHICH IS WHAT HAPPENS WHEN A GUN IS FIRED,
THERE IS A MARK MADE. THE PROBLEM IS THAT WE HAVE ANONYMOUS MARKS
BEING MADE NOW BECAUSE OF ALL OF THE FIRING PINS MAKE THE SAME MARK.
YOU CAN GO INTO A FORENSICS STORAGE FACILITY AND MOST POLICE STATIONS
AND THERE ARE HUNDREDS OF SHELL CASES THAT HAVE BEEN PICKED UP FROM
CRIME SCENES, AND IF YOU LOOK AT THE MARK THEY'RE ALL THE SAME. WHAT
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THIS BILL IS ATTEMPTING TO DO IS PROVIDE ANOTHER TOOL. WE HAVE TRACE
EVIDENCE TOOLS THAT ARE WELL-KNOWN; FINGERPRINTS, SHOE PRINTS, BLOOD
TYPE, BLOOD SPATTER. THESE ARE ALL TOOLS. BITE MARK PATTERNS,
FINGERPRINTS. AND YES, WE SHOULD HAVE UNIQUE MARKS BEING MADE. IT
DOESN'T COST -- THE COST IS SO TRIVIAL THAT IT'S RIDICULOUS. AND TO SAY THAT
THIS IS NOT A TECHNOLOGY THAT IS AVAILABLE IS RIDICULOUS. WHEN METAL HITS
METAL IT MAKES A MARK, AND IF YOU FILE IT YOU MAKE A NEW UNIQUE MARK.
I VOTE YES.
ACTING SPEAKER AUBRY: MR. ENGLEBRIGHT IN
THE AFFIRMATIVE.
MR. LAVINE.
MR. LAVINE: THANK YOU. I WANT TO DISPEL SOME OF
THE ODD MYTHS THAT HAVE BEEN ADVANCED. I'M GOING TO ADDRESS JUST FOUR
OF THEM. IT'S NOT MEXICAN GUNS COMING OVER THE MEXICAN BORDER THAT
ARE KILLING OUR CHILDREN, IT'S AMERICAN GUNS SMUGGLED OVER THE
MEXICAN BORDER THAT ARE KILLING MEXICANS. SECONDLY, THE FIRING PIN IS
NOT GOING TO LAST MORE THAN 1,000 ROUNDS OR SO. I NEVER THOUGHT I'D GET
TO RELY ON THIS REFERENCE POINT, BUT CONSIDER WHAT CLEMENZA TOLD
MICHAEL IN THE GODFATHER. LEAVE THE GUN, TAKE THE CANNOLI.
CRIMINALS DON'T WANT TO GET CAUGHT WITH THE GUNS. DAMN, THAT WAS
GOOD. CERTAINLY. WHY DIDN'T THIS HAPPEN 20 YEARS AGO? YOU'RE TELLING
ME AMERICANS WE'RE NOT AS CRAZY 20 YEARS AGO AS WE ARE TODAY? I
DOUBT THAT VERY MUCH. TWENTY YEARS AGO WAS THE BEFORE THE
PROLIFERATION AND THE MARKETING OF TACTICAL WEAPONS IN THE UNITED
STATES, ROMANTICIZING TO PEOPLE WHO ARE YOUNG AND PEOPLE WHO DO
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HAVE PROBLEMS HOW IMPORTANT IT IS FOR THEM TO STICK UP FOR THEIR RIGHTS
AND GET EVEN BY HAVING THE ABILITY TO FIRE MANY ROUNDS AT THE SAME
TIME. COST? I WILL GUARANTEE YOU ANY COST ASSOCIATED WITH
MICROSTAMPING IS GOING TO COST A WHOLE A LOT LESS THAN IT COSTS TO BURY A
CHILD.
I'M PLEASED TO REPORT THAT JUST MOMENTS AGO, 1,700
STUDENTS AT PLAINVIEW-OLD BETHPAGE HIGH SCHOOL ON LONG ISLAND
MARCHED OUT OF THEIR SCHOOL AND STOOD FOR 21 MINUTES. TWENTY-ONE
MINUTES, ONE MINUTE FOR EACH OF OUR AMERICANS DEAD IN UVALDE. WHAT
WE ARE DOING WITH THESE BILLS IS WE ARE TRYING OUR BEST TO CHANGE THE
GUN FETISH CULTURE IN THE UNITED STATES. AND IF ANYONE BELIEVES WE
DON'T HAVE A GUN FETISH CULTURE THEY COULD HAVE LISTENED TO SOME OF THE
ARGUMENTS, THE PASSIONATE, HYPER-PASSIONATE ARGUMENTS MADE.
(BUZZER SOUNDS)
LET'S DO WHAT WE CAN TO PROTECT ALL OF OUR CHILDREN. I
VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. LAVINE IN THE
AFFIRMATIVE.
MR. ANGELINO TO EXPLAIN HIS VOTE.
MR. ANGELINO: MR. SPEAKER, TO EXPLAIN MY VOTE.
WE SPENT ABOUT TWO HOURS HERE DEBATING THIS TECHNOLOGY. I'VE OFFERED
SOME TIPS ON HOW DO IT BETTER. THIS IS LIKELY GOING TO COST MILLIONS OF
DOLLARS TO MANUFACTURES, PURCHASERS. AND ALL OF THESE LAW-ABIDING
CITIZENS AND GUN MANUFACTURERS ARE GOING TO HAVE TO ADAPT TO THIS
TECHNOLOGY. AGAIN, MILLIONS OF DOLLARS, TWO HOURS OF DEBATE. AND AS I
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SAID EARLIER, CRIMINALS DON'T WANT TO GET CAUGHT, AND ALL OF THE EFFORT
WE'VE PUT INTO THIS BILL CAN BE DEFEATED BY A CRIMINAL PICKING UP HIS
BRASS AND LEAVING THE SCENE. OR IF HE'S A REALLY CUNNING CRIMINAL HE'LL
PICK UP HIS BRASS AND HE'LL THROW DOWN SOMEBODY ELSE'S BRASS.
SO, DON'T THINK THOSE THINGS DON'T HAPPEN BECAUSE THEY
DON'T WANT TO GET CAUGHT, AND FOR THOSE REASONS AND MANY, MANY OTHERS
I WILL BE VOTING NO.
ACTING SPEAKER AUBRY: MR. ANGELINO IN THE
NEGATIVE.
MR. WALCZYK TO EXPLAIN HIS VOTE.
MR. WALCZYK: THANK YOU, MR. SPEAKER. MY
INTENT IS TO RISE TO EXPLAIN MY VOTE IN A WAY THAT MAY ASSIST MEMBERS
OF THIS BODY IN REMEMBERING THEIR CONSTITUTIONAL DUTY AS I CAST THIS
VOTE HERE TODAY AND TO SUPPORT AND DEFEND THE CONSTITUTION OF THE
UNITED STATES THAT YOU RAISED YOUR RIGHT HAND AND SWORE TO DO. THIS
BILL REQUIRES PISTOLS SOLD IN THE STATE OF NEW YORK TO BE
MICROSTAMPING-ENABLED. IT ESTABLISHES FINES FOR VIOLATIONS AND
REQUIRES THE DEPARTMENT OF CRIMINAL JUSTICE SERVICES TO CERTIFY A
TECHNOLOGY THAT DOESN'T YET EXIST. WE HAVE A PERFECT EXAMPLE OF THIS, IF
YOU REMEMBER BACK, THE COMBINED BALLISTICS IDENTIFICATION SYSTEM
RAN FOR A LITTLE WHILE. THAT WAS SUPPOSED TO BE THE FINGERPRINT ON THE
ROUNDS THAT WENT OUT OF EVERY ROUND. THE NEW YORK STATE POLICE
WASTED MILLIONS OF MAN HOURS AND MILLIONS OF TAX DOLLARS TO SOLVE
EXACTLY ZERO CRIMES WITH THAT PROGRAM AND PREVENTED ZERO CRIMES WITH
THAT PROGRAM, AND HERE WE ARE TODAY ON A MADE-UP TECHNOLOGY IN ORDER
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NYS ASSEMBLY JUNE 1, 2022
TO TRY TO INSTITUTE THE SAME EXACT THING. THE SECOND AMENDMENT OF
THE UNITED STATES CONSTITUTION GUARANTEES THE OTHER NINE BILL OF RIGHTS.
MR. SPEAKER, I VOTE NO.
ACTING SPEAKER AUBRY: MR. WALCZYK IN THE
NEGATIVE.
MS. SIMON TO EXPLAIN HER VOTE.
MS. SIMON: THANK YOU, MR. SPEAKER. I WANT TO
COMMEND THE SPONSOR FOR THIS BILL, AND I WANT TO ALSO THANK OTHERS WHO
HAVE SPOKEN IN SUPPORT. THE REALITY IS THAT WE HAVE LEARNED FROM
CALIFORNIA'S EXPERIENCE. THAT IS WHAT SMART LEGISLATORS DO, THEY LEARN
AND THEY CRAFT BILLS THAT WILL ADDRESS THOSE ISSUES. LAST SUNDAY, THE
NEW YORK TIMES REVIEW HAD -- THE FRONT COVER OF THE REVIEW SECTION
WAS 20 OR SO DATES OF MASS SHOOTINGS IN THIS COUNTRY. AND THOSE 20 OR
SO DATES, FOLLOWING EACH ONE IT SAID, POLICE SAID THAT THE GUN OR THE
WEAPON WAS LEGALLY PURCHASED. SO THE REALITY IS, THESE ARE NOT STOLEN
WEAPONS. EVERY SINGLE ONE OF THESE MASS SHOOTINGS, SOMEBODY BOUGHT
THAT GUN LEGALLY. THEY USED IT FOR AN ILLEGAL PURPOSE, BUT THEY BOUGHT IT
LEGALLY. SO THIS NONSENSE THAT SOMEHOW OR OTHER IT'S JUST CRIMINALS AND
THEY DON'T BUY GUNS LEGALLY AND IT'S ALL LAW-ABIDING CITIZENS THAT HAVE
GUNS AND THEY ARE THE ONLY ONES WHO HAVE GUNS, THAT IS JUST NOT TRUE.
AND I POINT OUT THAT ONE REASON WE HAVE HAD A PROLIFERATION OF MASS
SHOOTINGS IN THE LAST 18 YEARS, AND I SAY 18 YEARS BECAUSE THE ASSAULT
WEAPONS BAN WAS NOT REAUTHORIZED IN 2004. AND IF YOU'RE LOOKING FOR
A REASON, IT'S NOT MENTAL ILLNESS, WHICH HAS BEEN WITH US SINCE TIME AND
MEMORIAL, IT'S THE ASSAULT WEAPONS BAN EXPIRING. THAT'S WHAT
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NYS ASSEMBLY JUNE 1, 2022
PROMPTED THIS. THAT AND THE ADDITIONAL TACTICAL EQUIPMENT AND
FOSTERED AND ENGENDERED THIS LOVE OF GREATER AND GREATER FIRE POWER.
THESE GUNS -- THESE -- THESE WEAPONS WERE MADE TO KILL PEOPLE, AND AS
MANY AS POSSIBLE. THAT'S WHAT HAS HAPPENED. WE NEED TO USE EVERY
PIECE OF TECHNOLOGY TO DRIVE THE DEMAND TO DRIVE BETTER TECHNOLOGY TO
ENSURE THAT WE'RE ABLE TO HELP LAW ENFORCEMENT AND HELP REDUCE CRIME
AND THE NUMBER OF UNNECESSARY DEATHS DUE TO FIREARMS IN THIS COUNTRY.
I'LL BE VOTING IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. SIMON IN THE
AFFIRMATIVE.
MR. LAWLER TO EXPLAIN HIS VOTE.
MR. LAWLER: THANK YOU, MR. SPEAKER. I STARTED
TODAY'S SESSION BY INTRODUCING THE MOTHER OF ONE OF THE VICTIMS IN THE
PARKLAND SHOOTING. SHE IS ADVOCATING FOR A BILL TO BE TAKEN UP IN THIS
BODY BEFORE WE LEAVE, WHOSE TECHNOLOGY ACTUALLY WORKS AND WOULD
ACTUALLY HELP PREVENT INNOCENT CHILDREN FROM BEING KILLED IN SCHOOLS BY
MAKING SURE THAT THE LAW ENFORCEMENT RESPONSE TIME IS AS QUICK AS
POSSIBLE. FOR SOME BIZARRE REASON, THE STAFF IN THIS PLACE HAS BLOCKED
THIS BILL. THAT BILL NEEDS TO COME UP FOR A VOTE. THAT TECHNOLOGY
ACTUALLY WORKS. AS WE'VE SEEN IN THIS DEBATE, THIS TECHNOLOGY DOES NOT
WORK. THE SPONSOR COULD NOT VERIFY THE TECHNOLOGY AND, IN FACT, THE
BILL SAYS WE NEED DCJS TO CERTIFY OR NOT CERTIFY WHETHER THIS IS EVEN
POSSIBLE. NUMEROUS EXAMPLES OF HOW THE MICROSTAMPING COULD BE
ELIMINATED. NOT TO MENTION THE FACT, OBVIOUSLY, THAT GUNS CAN BE
TRANSPORTED ACROSS STATE LINES AND USED IN THE COMMISSION OF CRIMES,
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NYS ASSEMBLY JUNE 1, 2022
AND NOT TO MENTION THE FACT THAT 16- AND 17-YEAR-OLDS ARE USING GUNS TO
COMMIT CRIMES AND ARE BEING TREATED IN FAMILY COURT. MY COLLEAGUE
FROM NASSAU TALKED ABOUT 21 MINUTES AND STUDENTS STANDING IN PROTEST
TO REMEMBER THE 21 LIVES LOST. TWENTY-ONE MINUTES? LET'S GET THE BILL
ON THE FLOOR IN 21 MINUTES AND PASS ALYSSA'S LAW TODAY. WE DON'T
NEED TO WAIT ANY FURTHER. WE CAN TAKE ACTION TO ACTUALLY HELP PREVENT
SENSELESS TRAGIC DEATHS.
ACTING SPEAKER AUBRY: MR. LAWLER -- MR. --
STAY ON THE BILL, PLEASE. NO ADVOCATING FOR OTHER BILLS WHILE YOU'RE ON
THIS ONE. THANK YOU.
MR. LAWLER: THANK YOU, MR. SPEAKER. I VOTE NO
ON THIS BILL.
ACTING SPEAKER AUBRY: MR. LAWLER IN THE
NEGATIVE.
MR. DIPIETRO.
MR. DIPIETRO: THANK YOU, MR. SPEAKER, TO EXPLAIN
MY VOTE. OVER 30 PEOPLE KILLED THIS PAST WEEKEND IN NEW YORK CITY
AND CHICAGO, DO YOU KNOW HOW MANY ASSAULT RIFLES WERE USED IN THOSE
DEATHS? ZERO. ZERO. I HEARD SOMEONE SAY THAT IT'S THE ASSAULT RIFLE
BAN, IF WE HAD THAT BACK ALL THESE DEATHS WOULD GO AWAY. YOU'VE GOT
TO BE KIDDING ME. PEOPLE WITH MENTAL ILLNESS, PEOPLE WITH PROBLEMS, IF
THEY -- IF THERE'S AN ASSAULT RIFLE BAN, NUMBER ONE, THEY WON'T BUY OR
FIND AN ILLEGAL ONE OR THEY WON'T USE A DIFFERENT TYPE OF WEAPON? THAT
THIS IS ALL GOING TO MAGICALLY DISAPPEAR? THERE WILL BE NO MORE SCHOOL
SHOOTINGS? YOU'VE GOT TO BE KIDDING ME. THE LAST THING, WHAT
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NYS ASSEMBLY JUNE 1, 2022
HAPPENS EVERY TIME -- GOING TO THE HEART OF THE MATTER, EVERY TIME
THERE'S A SCHOOL SHOOTING, EVERY TIME THERE'S A MASS SHOOTING, EVERY
TIME THERE'S A MURDER OF SOME SORT, WHAT DO WE ALL DO? WE ALL PRAY.
IRONIC THAT EVERY TIME SOMETHING HAPPENS WE ALL ASK FOR PRAYER, YET
WE'VE TAKEN PRAYER OUT OF SCHOOL. KIDS CAN'T PRAY, TEACHERS CAN'T PRAY,
YOU CAN'T EVEN MENTION GOD IN SCHOOL.
ACTING SPEAKER AUBRY: MR. DIPIETRO, SAME
ADMISSION TO YOU AS TO MR. LAWLER. THE BILL IS IN FRONT OF US.
MR. DIPIETRO: THIS IS PART OF THE BILL. SO WITH THAT
I'LL BE VOTING NO AND URGE MY COLLEAGUES TO ALSO BECAUSE THERE'S NO
EASY ANSWERS, BUT THIS IS NOT THE ANSWER.
ACTING SPEAKER AUBRY: MR. DIPIETRO IN THE
NEGATIVE.
MS. ROSENTHAL TO EXPLAIN HER VOTE.
MS. ROSENTHAL: THANK YOU, MR. SPEAKER, TO
EXPLAIN MY VOTE. THERE HAVE BEEN MORE SCHOOL SHOOTINGS THAN DAYS IN
THE YEAR 2022, AND THAT SHOULD MAKE EVERY SINGLE PERSON IN THIS BODY
FURIOUS. AND AFTER MASS SHOOTINGS WE RING OUR HANDS, WE SEND
THOUGHTS AND PRAYERS AND WE WONDER WHAT COULD WE HAVE DONE TO
PREVENT THE KILLING. SINCE SANDY HOOK WHEN 20 6- AND 7-YEAR-OLDS
AND SIX TEACHERS WERE MURDERED AND WE SAID, NEVER AGAIN, BUT DID
VERY LITTLE ON THE FEDERAL LEVEL TO CRACK DOWN ON GUNS, WE HAVE TAUGHT
OUR STUDENTS, PRE-K STUDENTS AS YOUNG AS FOUR TO HIDE UNDER THEIR DESKS
AND STAY QUIET IF A BAD PERSON WITH A GUN COMES INTO THEIR CLASSROOM.
TO HOLD -- TO HOLD THEIR CRIES IN IN THE HOPES THE GUN -- THE GUNMAN
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NYS ASSEMBLY JUNE 1, 2022
WON'T HEAR THEM. SCHOOL SHOOTINGS HAVE BECOME A FORGONE
CONCLUSION. WE CAN'T PREVENT THEM, ONLY PREPARE FOR THEM. AND AS
POLICYMAKERS WE CANNOT THROW UP OUR HANDS IN THE FACE OF SO MUCH
SENSELESS VIOLENCE AND BLAME UNLOCKED DOORS, VIDEO GAMES, EDUCATORS,
MENTAL ILLNESS FOR THE DEVASTATION AND VIOLENCE CAUSED BY THIS COUNTRY'S
OBSESSION WITH GUNS. WE HAVE A RESPONSIBILITY TO TAKE ACTION. ANYONE
WHO COULD WALK INTO A SCHOOL FILLED WITH INNOCENT BABIES AND START
SHOOTING INDISCRIMINANTLY AND WITHOUT PROVOCATION IS A MADMAN, BUT
MADMEN --
ACTING SPEAKER AUBRY: MS. ROSENTHAL --
MS. ROSENTHAL: YES.
ACTING SPEAKER AUBRY: SIMILARLY TO THE
OTHERS, YOU HAVE A BILL IN FRONT YOU. YOU NEED TO SPEAK TO THAT BILL.
MS. ROSENTHAL: OKAY, I WILL DO THAT. THANK
YOU. WE NEED TO TIGHTEN OUR LAWS, ENSURE THAT LAW ENFORCEMENT HAS
EVERY SINGLE TOOL AVAILABLE TO THEM TO PREVENT AND SOLVE GUN CRIMES TO
MAKE OUR STREETS SAFE FOR OUR CHILDREN, AND MICROSTAMPING, DESPITE
WHAT OTHERS PURPORT TO KNOW, IS AMONG ONE OF THE MOST POWERFUL TOOLS
AVAILABLE TO LAW ENFORCEMENT. IT IS AVAILABLE, IT'S AFFORDABLE, IT'S
EFFECTIVE AND IT WILL SAVE LIVES. WE DESERVE TO LIVE WITHOUT THE FEAR OF
PREVENTABLE GUN VIOLENCE.
(BUZZER SOUNDS)
I WOULD LIKE TO THANK MOMS DEMAND ACTION, NEW
YORKERS AGAINST GUN VIOLENCE, BRADY CAMPAIGN AGAINST GUN
VIOLENCE, GIFFORDS LAW CENTER, EVERY TOWN FOR GUN SAFETY, OUR
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NYS ASSEMBLY JUNE 1, 2022
FORMER COLLEAGUE MICHELLE SCHIMEL FOR ADVOCACY FOR THIS. AND IN
CONCLUSION, HISTRIONICS AND ANGRY PROCLAMATIONS CITING ALTERNATIVE FACTS
WILL NOT WORK. OUR RESIDENTS KNOW --
ACTING SPEAKER AUBRY: MS. ROSENTHAL, HOW
DO YOU VOTE, PLEASE?
MS. ROSENTHAL: OUR RESIDENTS KNOW WHO IS
SHOWBOATING AND WHO WANTS TO DO SOMETHING, AND IN THAT VEIN I VOTE IN
THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. ROSENTHAL IN THE
AFFIRMATIVE.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, WOULD YOU
PLEASE RECORD OUR COLLEAGUES MR. STIRPE AND MRS. GUNTHER IN THE
NEGATIVE ON THIS PIECE OF LEGISLATION?
ACTING SPEAKER AUBRY: SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MR. GOODELL FOR THE PURPOSES OF AN INTRODUCTION.
MR. GOODELL: THANK YOU, MR. SPEAKER. AFTER
THAT NICE SPIRITED DEBATE IT IS MY PLEASURE TO INTRODUCE SOME
DISTINGUISHED GUESTS, DANA PLATIN, WHO IS THE PRESIDENT OF THE NEW
YORK STATE PTA, AND HER SON TYLER. THEY'RE MEMBERS OF THE NEW
YORK STATE PTA LEADERSHIP TEAM, AND THEY'RE IN OUR
ASSEMBLYMEMBER DOUG SMITH'S ASSEMBLY DISTRICT. PRESIDENT PLATIN
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NYS ASSEMBLY JUNE 1, 2022
AND MEMBERS FROM ACROSS THE STATE ARE HERE IN ALBANY CELEBRATING THE
125TH ANNIVERSARY OF THE NEW YORK STATE PTA WHICH, OF COURSE, HAS A
GREAT AND PROUD HISTORY SUPPORTING NEW YORK CHILDREN. PRESIDENT
PLATIN IS ALSO A KINDERGARTEN SCHOOL-RELATED PROFESSIONAL IN THE SACHEM
SCHOOL DISTRICT, AND IT IS MY GREAT HONOR TO INTRODUCE THE PRESIDENT OF
THE NEW YORK STATE PTA ASSOCIATION HERE VISITING US ON THIS
AUSPICIOUS 125TH ANNIVERSARY. PLEASE EXTEND THE CORDIALITIES OF THE
HOUSE.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MR. GOODELL, MR. SMITH, THE SPEAKER AND ALL THE MEMBERS, WE
WELCOME YOU ALL HERE TO THE NEW YORK STATE ASSEMBLY. WE EXTEND TO
YOU THE PRIVILEGES OF THE FLOOR, HOPE THAT YOU'VE ENJOYED YOUR TIME
WITH US. HOPE YOU ENJOYED THAT SPIRITED DEBATE THAT GOES ON IN THE
NEW YORK STATE ASSEMBLY. KNOW THAT YOUR GOVERNMENT WILL FIGHT FOR
ITS -- ITS VARIOUS CONCERNS AND ALLOWS AN OPEN AND FREE DISCUSSION OF
ISSUES. YOU SHOULD BE PROUD OF THAT BECAUSE THAT'S WHAT DEMOCRACY IS
ABOUT. AND FOR YOU, FOR THE -- AS ALL PART OF THE PTAS, I WANT TO THANK
YOU FOR THE WORK THAT YOU DO TO ENSURE THAT YOUR SCHOOLS WORK AND THAT
YOUR SCHOOLS HAVE PARENTS INVOLVED WITH TEACHERS IN ORDER TO MAKE THAT
INSTITUTION WORK BETTER. THANK YOU AGAIN VERY MUCH.
(APPLAUSE)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, COLLEAGUES,
THERE WILL BE AN IMMEDIATE MEETING OF THE WAYS AND MEANS
COMMITTEE OFF THE FLOOR. THOSE WHO ARE IN THEIR OFFICES REMOTELY CAN
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NYS ASSEMBLY JUNE 1, 2022
JUST STAY THERE. YOU WILL BE SWITCHED TO THE ROOM. THOSE WHO ARE IN
THE CHAMBER WITH US CAN GO TO ROOM 30.
ACTING SPEAKER AUBRY: WAYS AND MEANS --
MRS. PEOPLES-STOKES: THOSE WHO ARE IN THE
ROOM WITH US CAN GO TO ROOM 345 WHERE THE WAYS AND MEANS
MEETING WILL BE HELD. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: ROOM 345 FOR THOSE
OF YOU ARE HERE IN THE CHAMBER.
ON THE A-CALENDAR, PAGE 3, THE CLERK WILL READ THE
TITLE OF THE CONCURRENT RESOLUTION.
THE CLERK: RULES AT THE REQUEST OF MR.
ZEBROWSKI, ASSEMBLY RESOLUTION NO. 953.
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
CONCERNING THE RESCISSION OF ALL PREVIOUS REQUESTS BY THE NEW YORK
STATE LEGISLATURE OR EITHER HOUSE THEREOF FOR A CONVENTION UNDER
ARTICLE V OF THE UNITED STATES CONSTITUTION.
ACTING SPEAKER AUBRY: THE RESOLUTION IS LAID
ASIDE.
THE CLERK: ASSEMBLY NO. A00146-A, RULES
REPORT NO. 515, GOTTFRIED, SIMON, MORINELLO, CAHILL, J.M. GIGLIO,
COLTON, THIELE, ENGLEBRIGHT, COOK, GUNTHER, MCDONOUGH, DINOWITZ,
PEOPLES-STOKES, STECK, GOODELL, L. ROSENTHAL, QUART, KIM, PALMESANO,
ABINANTI, RA, DIPIETRO, HYNDMAN, JEAN-PIERRE, BENEDETTO, GALEF,
WEPRIN, WILLIAMS, LAVINE, WOERNER, DICKENS, BRONSON, NIOU, CUSICK,
NORRIS, CARROLL, SOLAGES, SEAWRIGHT, ZEBROWSKI, TAYLOR, SAYEGH,
91
NYS ASSEMBLY JUNE 1, 2022
SALKA, MCDONALD. AN ACT TO AMEND THE PUBLIC HEALTH LAW, THE TAX
LAW AND THE SOCIAL SERVICES LAW, IN RELATION TO SUPPORT OF LIVING
ORGAN DONATION.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
GOTTFRIED, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT APRIL 1ST.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 1594. 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.
MR. PALMESANO TO EXPLAIN HIS VOTE.
MR. PALMESANO: THANK YOU, MR. SPEAKER. I JUST
WANT TO TAKE A MINUTE TO EXPLAIN MY VOTE AND THANK THE SPONSOR FOR
BRINGING UP THIS LEGISLATION. HE'S CERTAINLY BEEN A LEADER ON THE ISSUE
OF ORGAN DONATION OVER THE YEARS AND DURING HIS CAREER AND I APPRECIATE
HIS LEADERSHIP ON THIS ISSUE ESPECIALLY. AND I JUST WANT TO REMIND MY
COLLEAGUES, IT'S LEGISLATION LIKE THIS THAT HELPS US IMPROVE OUR NUMBERS
REGARDING ORGAN DONATION AND INCREASE OUR NUMBERS. WE'VE MADE A LOT
OF PROGRESS OVER THE PAST NUMBER OF YEARS BUT WE STILL HAVE A LONG WAY
TO GO. AND JUST TO REMIND YOU HOW FAR WE HAVE TO GO, RIGHT NOW STILL IN
NEW YORK WE HAVE 8,500 NEW YORKERS WAITING FOR AN ORGAN
TRANSPLANT. THIRTEEN HAVE BEEN WAITING FOR MORE THAN FIVE YEARS. LAST
YEAR IN 2021 WE LOST 450 MEN, WOMEN AND CHILDREN WAITING FOR A
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NYS ASSEMBLY JUNE 1, 2022
LIFESAVING ORGAN TRANSPLANT. RIGHT NOW IN NEW YORK OUR ORGAN DONOR
REGISTRATION RATE IS 45 PERCENT, THE NATIONAL AVERAGE IS 62 PERCENT.
THERE ARE 52 REGISTRIES ACROSS THIS COUNTRY. NEW YORK IS NUMBER 50
OUT OF 52. WE'RE ONLY AHEAD OF NEW JERSEY AND PUERTO RICO. WE HAVE
THE THIRD-HIGHEST NEED FOR ORGAN DONORS, THE THIRD-WORST REGISTRY. SO
WE HAVE A LONG WAY TO GO. THERE'S MUCH MORE WE CAN DO. WE SHOULD
BE LOOKING AT LEGISLATION LIKE THIS THAT CAN INCREASE THE OPPORTUNITY FOR
PEOPLE TO SAY YES. WE SHOULD BE PUTTING IT ON OUR TAX FORMS, ON PUBLIC
ASSISTANCE FORMS, COLLEGE APPLICATIONS, ASKING PEOPLE IF THEY WANT TO BE
AN ORGAN DONOR. BECAUSE I'M CONVINCED THAT IF WE GIVE THEM THE
CHANCE TO SAY YES THEY WILL SAY YES. BUT THE MOST IMPORTANT STATISTIC
THAT WE ALL NEED TO KNOW IS THAT ONE PERSON DONATES AT THE TIME OF THEIR
DEATH CAN SAVE UP TO EIGHT LIVES AND IMPACT THE LIVES OF 75 OTHERS. SO I
KNOW WHEN WE TALK ABOUT THIS ISSUE A LOT OF PEOPLE DON'T LIKE TO TALK
ABOUT IT BECAUSE YOU'RE THINKING OF ONE'S DEATH. BUT THINK OF IF YOUR
LOVED ONE, YOUR MOM OR DAD, BROTHER OR SISTER OR, GOD FORBID, YOUR SON
OR DAUGHTER WERE IN NEED OF A LIFESAVING ORGAN TRANSPLANT AND YOU SAW
THOSE STATISTICS NUMBERS I JUST LAID OUT HERE. SO LET'S IMPROVE -- LET'S
CONTINUE TO IMPROVE THE ORGAN DONATION RATE. THIS LEGISLATION IS
CERTAINLY A GREAT PIECE OF LEGISLATION TO HELP ENCOURAGE LIVING DONORS --
LIVING DONORS TO DO THOSE DONATIONS, HELP OUR MORE SUCCESSFUL AND
HAVE BETTER VIABILITY. THERE'S -- AND I KNOW THERE'S DOCUMENTATION ON
THAT.
SO AGAIN, I WANT TO THANK THE SPONSOR FOR HIS
LEADERSHIP ON THIS ISSUE AND I ENCOURAGE ENTHUSIASTICALLY YOU TO VOTE
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NYS ASSEMBLY JUNE 1, 2022
YES ON THIS LEGISLATION. THANK YOU, MR. -- MADAM SPEAKER.
ACTING SPEAKER WOERNER: MR. PALMESANO IN
THE AFFIRMATIVE.
MR. GOTTFRIED TO EXPLAIN HIS VOTE.
MR. GOTTFRIED: THANK YOU, MRS. SPEAKER. THIS
IS PRESUMABLY NOT MY LAST BILL, I CERTAINLY HOPE NOT. I'VE GOT A FEW
MORE. BUT I THINK THIS IS PROBABLY A GOOD TIME TO SAY A FEW WORDS.
FIRST I WANT TO THANK ALL THE AMAZING STAFF WHO HAVE WORKED WITH ME
ALL THESE YEARS. MY STAFF, PEOPLE ON OTHER STAFFS. AND THANK YOU TO THE
SPEAKER HEASTIE AND THE FIVE SPEAKERS I HAVE SERVED WITH BEFORE HIM.
AND TO ALL OF YOU, MY COLLEAGUES, AND -- AND THOSE WHO HAVE COME
BEFORE YOU. WE'VE DONE SOME PRETTY GREAT WORK TOGETHER.
YOU KNOW, FROM TIME TO TIME SOME
ASSEMBLYMEMBERS THINK OF RUNNING FOR WHAT THEY CONSIDER HIGHER
OFFICE, AND THAT'S UNDERSTANDABLE. BUT I THINK WE ALREADY HOLD A PRETTY
HIGH OFFICE. THE PUBLIC MAY THINK MOSTLY ABOUT CITY HALL OR
WASHINGTON, BUT MOST OF THE LAWS THAT AFFECT OUR LIVES COME FROM
ALBANY. SO IT'S REALLY IMPORTANT THAT SMART, HARDWORKING PEOPLE WITH
GOOD HEARTS BE COMMITTED TO THE ASSEMBLY. IT DOES TAKE WORK AND
TIME TO LEARN HOW TO MAKE THIS PLACE -- THIS PLACE WORK TO ADVANCE
YOUR AGENDA. AND CERTAINLY AFTER 52 YEARS I'M STILL LEARNING. AND OUR
PROCESS IS CERTAINLY OFTEN FRUSTRATING, BUT IT'S WORTH THE TIME AND EFFORT.
AND AS ROBERT KENNEDY SAID, THE FUTURE IS NOT A GIFT,
IT IS AN ACHIEVEMENT. THANK YOU ALL. AND I VOTE IN THE AFFIRMATIVE.
(APPLAUSE)
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NYS ASSEMBLY JUNE 1, 2022
ACTING SPEAKER WOERNER: MRS. PEOPLES-
STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR. SPEAKER
-- MADAM SPEAKER, TO EXPLAIN MY VOTE. FIRST OF ALL, I WANT TO HONOR
DICK GOTTFRIED AS WELL. THERE'S NO ONE HERE NOW OR PROBABLY EVEN IN
THE PAST THAT SERVED UNDER FIVE SPEAKERS. NOT ONE, NOT TWO, NOT THREE,
NOT FOUR, BUT FIVE SPEAKERS. AND I REALLY THINK THAT WHAT HE HAS TO
OFFER IN TERMS OF HIS EXPERIENCE CAN BE HELPFUL TO US ALL. AND SO IF WE
HAVE NOT HAD A CHANGE TO ENGAGE WITH HIM BEFORE HE LEAVES THE NEXT
COUPLE OF DAYS I'M JUST GOING TO INVITE YOU TO TRY AND DO THAT BECAUSE
RIGHT THERE IS A LOT OF EXPERIENCE THAT WE ALL ABSOLUTELY NEED.
WITH THAT, I AM PLEASED TO VOTE IN SUPPORT OF HIS BILL.
AS YOU ALL KNOW, MY DAUGHTER WAS A DONOR RECIPIENT AND WE WERE
GRATEFUL WHEN SHE WAS ABLE TO RECEIVE THAT DONATION. BUT IT IS SO MUCH
BETTER FOR PEOPLE TO GET HEALTHIER SO MUCH FASTER IF THERE'S MORE
AVAILABILITY OF DONATIONS. AND SO I APPLAUD HIM FOR HIS LEGISLATION AND
I'M PERSONALLY, PERSONALLY GLAD TO VOTE YES.
ACTING SPEAKER WOERNER: MRS. PEOPLES-
STOKES IN THE AFFIRMATIVE.
MR. GOODELL.
MR. GOODELL: THANK YOU, MADAM SPEAKER. I
SPEAK ON BEHALF OF THIS BILL. I CERTAINLY WANT TO SUPPORT IT. BEING A
DONOR, A LIVING DONOR, IS A UNIQUE OPPORTUNITY TO SAVE SOMEONE ELSE'S
LIFE. MY DAUGHTER DONATED A KIDNEY TO A PERSON ABOUT THE SAME AGE.
THEY WERE ACQUAINTANCES. SHE'S DONE FINE, HE'S DONE FINE, BUT IT'S
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NYS ASSEMBLY JUNE 1, 2022
REALLY A LIFE-CHANGING OPPORTUNITY, IF YOU WILL. I TRIED TO DONATE A PIECE
OF LIVER TO A NEIGHBOR AND UNFORTUNATELY I WAS REJECTED. I RECOVERED
FROM THAT REJECTION AND HE WENT ON TO GET A MUCH BETTER DONATION, ALSO
FROM A LIVING DONOR, AND IS LIVING A PRODUCTIVE LIFE FOR A YOUNG GUY
THAT, YOU KNOW, WAS IN HORRIFIC CONDITION COULD NOW BE HEALTHY AND
OUT ENJOYING LIFE. SO WHAT A TREMENDOUS OPPORTUNITY.
AND I ALSO WANT TO EXTEND MY GREAT APPRECIATION TO
THE SPONSOR, MR. GOTTFRIED. AS YOU KNOW, FROM TIME TO TIME I ASK
QUESTIONS OF MEMBERS, AND WHAT I PARTICULARLY APPRECIATE ABOUT MR.
GOTTFRIED IS I KNOW WHEN I'M ASKING QUESTIONS TO MR. GOTTFRIED HE
KNOWS MORE ABOUT THE SUBJECT THAN I DO. AND THAT IS A GREAT BLESSING
TO EVERYONE IN THIS CHAMBER WHEN WE HAVE SOMEONE WHO TAKES THE
TIME AND THE EFFORT TO KNOW THEIR SUBJECT INSIDE OUT AND IS
COMPASSIONATE AND FULLY COMMITTED TO HELPING NEW YORK STATE
BECOME A BETTER STATE. SO TO MR. GOTTFRIED, MY HAT'S OFF TO YOU. THANK
YOU, SIR.
ACTING SPEAKER WOERNER: MR. GOODELL IN
THE AFFIRMATIVE.
AND I WOULD ADD TO WHAT MR. GOODELL JUST SAID THAT
MR. GOTTFRIED HAS INDEED SET A VERY HIGH BAR FOR ALL OF US WHAT IT MEANS
TO BE AN EFFECTIVE MEMBER OF THE NEW YORK STATE ASSEMBLY. THANK
YOU.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
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NYS ASSEMBLY JUNE 1, 2022
THE CLERK: ASSEMBLY NO. A00911-A, RULES
REPORT NO. 516, JEAN-PIERRE, ENGLEBRIGHT, DICKENS, GRIFFIN, STIRPE, D.
ROSENTHAL, SMITH, DESTEFANO, MCDONOUGH, THIELE, RA, STERN,
GOTTFRIED, MONTESANO, WOERNER, B. MILLER. AN ACT TO AMEND THE
NAVIGATION LAW AND THE PENAL LAW, IN RELATION TO OPERATING A VESSEL
WHILE INTOXICATED WHEN A CHILD WHO IS 15 YEARS OF AGE OR LESS IS A
PASSENGER IN SUCH VESSEL.
ACTING SPEAKER WOERNER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER WOERNER: THE CLERK WILL
RECORD THE VOTE ON RULES REPORT NO. 516, A.911 -- A.911 [SIC]. 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, MADAM SPEAKER, TO
EXPLAIN MY VOTE. I JUST WANT TO COMMEND THE SPONSOR OF THIS PIECE OF
LEGISLATION AND I'M VERY PROUD TO BE A COSPONSOR OF IT. THIS BASICALLY
TAKES LEANDRA'S LAW AND APPLIES IT TO THE WATER SO PEOPLE WHO BOAT
AND ARE UNDER THE INFLUENCE AND HAVE A CHILD ON BOARD ARE GOING TO
FACE STIFFER PENALTIES, AND I THINK THAT'S ONLY RIGHT. THE AREA THAT I
REPRESENT INCLUDES AREAS OF THE GREAT SACANDAGA LAKE, BALLSTON LAKE
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NYS ASSEMBLY JUNE 1, 2022
AND AREAS WHERE THERE -- WHERE THERE ARE BOATING ACCIDENTS AND WHERE
NOT EVERYBODY IS RESPONSIBLE IN THE WAY THAT THEY OPERATE THEIR -- THEIR
BOATS AND IT CAN CAUSE INJURIES TO OTHER PEOPLE. I REALLY THINK THAT THIS
IS A VERY IMPORTANT PIECE OF LEGISLATION.
I COMMEND THE SPONSOR AND I'M THRILLED TO SUPPORT IT.
AND I CAN SEE FROM THE BOARD THAT IT HAS -- IT APPEARS TO BE UNANIMOUS
SUPPORT AND THAT'S AS IT SHOULD BE. SO THANK YOU VERY MUCH.
ACTING SPEAKER WOERNER: MS. WALSH IN THE
AFFIRMATIVE.
MRS. PEOPLES-STOKES: MADAM SPEAKER, WOULD
YOU PLEASE RECORD OUR COLLEAGUE MS. MITAYNES IN THE NEGATIVE ON THIS
ONE?
ACTING SPEAKER WOERNER: MS. MITAYNES IN
THE NEGATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A01023-A, RULES
REPORT NO. 517 WAS PREVIOUSLY AMENDED ON THIRD READING AND IS
HIGH.
ASSEMBLY NO. A01773-C, RULES REPORT NO. 518,
PRETLOW. AN ACT TO AMEND THE RACING, PARI-MUTUEL WAGERING AND
BREEDING LAW, IN RELATION TO STATE GAMING COMMISSION OCCUPATIONAL
LICENSES.
ACTING SPEAKER WOERNER: THE BILL IS LAID
98
NYS ASSEMBLY JUNE 1, 2022
ASIDE.
THE CLERK: ASSEMBLY NO. A02039-B, RULES
REPORT NO. 519, DILAN, HEVESI, D. ROSENTHAL, COOK, ABINANTI, REYES,
HYNDMAN, MCDONOUGH, WILLIAMS, GLICK, FERNANDEZ, COLTON, HUNTER,
DICKENS, TAYLOR, BRAUNSTEIN, SEAWRIGHT. AN ACT TO AMEND THE LABOR
LAW, IN RELATION TO MODULAR CONSTRUCTION WORK.
ACTING SPEAKER WOERNER: ON A MOTION BY
MR. DILAN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED AND THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A03144-A, RULES
REPORT NO. 520, PRETLOW, DICKENS, REYES, MCMAHON, SIMON,
MAMDANI, SALKA, GALEF, FAHY, GONZÁLEZ-ROJAS. AN ACT TO AMEND THE
PUBLIC SERVICE LAW AND THE STATE FINANCE LAW, IN RELATION TO ENACTING
THE ACCESSIBLE ELECTRONIC INFORMATION ACT.
ACTING SPEAKER WOERNER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH
DAY.
ACTING SPEAKER WOERNER: THE -- THE CLERK
WILL RECORD THE VOTE ON RULES REPORT NO. 520, A.3144 [SIC]. THIS IS A
FAST ROLL CALL. ANY MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE
IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS
PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
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NYS ASSEMBLY JUNE 1, 2022
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A03801-A, RULES
REPORT NO. 521, ABINANTI, WEPRIN, WILLIAMS, CRUZ, SMULLEN, REILLY,
MCDONOUGH, EPSTEIN. AN ACT TO AMEND THE PUBLIC AUTHORITIES LAW, IN
RELATION TO ENACTING THE "TOLL PAYER PROTECTION ACT"; AND PROVIDING FOR
THE REPEAL OF CERTAIN PROVISIONS UPON EXPIRATION THEREOF.
ACTING SPEAKER WOERNER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 120TH
DAY.
ACTING SPEAKER WOERNER: THE CLERK WILL
RECORD THE VOTE ON RULES REPORT NO. 521, A.3801 [SIC]. 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. A04535-A, RULES
REPORT NO. 522, COOK, HYNDMAN, VANEL, WALKER, JACKSON, DICKENS,
ANDERSON. AN ACT TO AMEND THE INSURANCE LAW, IN RELATION TO
COMMUTER VAN AND AMBULETTE OR PARATRANSIT VEHICLES CLASSIFICATION
REVIEW.
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NYS ASSEMBLY JUNE 1, 2022
ACTING SPEAKER WOERNER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER WOERNER: THE CLERK WILL
RECORD THE VOTE ON RULES REPORT NO. 522, A.4535 [SIC]. 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? READ THE LAST SECTION --
OH, SORRY, ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A04687-C, RULES
REPORT NO. 523, PEOPLES-STOKES, MEEKS. AN ACT TO AMEND THE
EXECUTIVE LAW, IN RELATION TO THE OFFICE OF SPECIAL INVESTIGATION
INSPECTING SERIOUS PHYSICAL INJURIES THAT MAY HAVE RESULTED IN DEATH.
ACTING SPEAKER WOERNER: READ THE -- LAID
ASIDE. THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A05278-B, RULES
REPORT NO. 524, BARRETT, BURDICK, SOLAGES, GRIFFIN, OTIS. AN ACT TO
AMEND THE RETIREMENT AND SOCIAL SECURITY LAW, IN RELATION TO
DISCHARGED LGBT VETERANS.
ACTING SPEAKER WOERNER: READ THE LAST
SECTION.
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NYS ASSEMBLY JUNE 1, 2022
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER WOERNER: THE CLERK WILL
RECORD THE VOTE ON RULES REPORT NO. 524, A.5278 [SIC]. 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. A05304-A, RULES
REPORT NO. 525, MCDONALD. AN ACT TO AUTHORIZE WILLIAM SCHUMAKER
AND MARK HENNESSY TO RECEIVE CERTAIN SERVICE CREDIT UNDER SECTION
384-D OF THE RETIREMENT AND SOCIAL SECURITY LAW.
ACTING SPEAKER WOERNER: THE HOME RULE
MESSAGE IS AT THE DESK AND THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A05337-A, RULES
REPORT NO. 526, MCDONALD, JONES, SANTABARBARA, LUPARDO, MORINELLO,
J.M. GIGLIO, ASHBY, DARLING, FAHY, JACOBSON, OTIS. AN ACT TO AMEND
THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW, IN RELATION TO
AUTHORIZING SPECIAL PROCEEDINGS TO CONVEY TITLE TO ABANDONED
COMMERCIAL AND INDUSTRIAL REAL PROPERTY TO A CITY, TOWN OR VILLAGE; AND
PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION THEREOF.
ACTING SPEAKER WOERNER: THE BILL IS LAID
ASIDE.
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NYS ASSEMBLY JUNE 1, 2022
THE CLERK: ASSEMBLY NO. A05623-A, RULES
REPORT NO. 527, THIELE. AN ACT TO AMEND THE -- TO PROVIDE PROCEDURES
RELATING TO THE ADOPTION AND SUBMISSION OF AN ANNUAL BUDGET BY THE
TRUSTEES OF THE FREEHOLDERS AND COMMONALTY OF THE TOWN OF
SOUTHAMPTON.
ACTING SPEAKER WOERNER: ON A MOTION BY
MR. THIELE, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. HOME RULE MESSAGE IS AT THE DESK.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER WOERNER: THE CLERK WILL
RECORD THE VOTE ON RULES REPORT NO. 527, SENATE BILL 5013 [SIC]. 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. A05860-B, RULES
REPORT NO. 528, REYES, WILLIAMS, OTIS. AN ACT TO AMEND THE GENERAL
BUSINESS LAW, IN RELATION TO THE PRICE GOUGING OF MEDICINE.
ACTING SPEAKER WOERNER: ON A MOTION BY
MS. REYES, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
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NYS ASSEMBLY JUNE 1, 2022
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER WOERNER: THE CLERK WILL
RECORD THE VOTE ON RULES REPORT NO. 528, SENATE BILL 3081 [SIC]. 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. A05926-B, RULES
REPORT NO. 529, RAMOS, THIELE, ENGLEBRIGHT. AN ACT TO AMEND
CHAPTER 635 OF THE LAWS OF 1987, ESTABLISHING THE OAK BRUSH PLAIN
STATE PRESERVE, LOCATED ON LONG ISLAND, IN RELATION TO THE ACQUISITION OF
LANDS PREVIOUSLY COMPRISING PILGRIM STATE HOSPITAL.
ACTING SPEAKER WOERNER: ON A MOTION BY
MR. RAMOS, THE BILL -- 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 WOERNER: THE CLERK WILL
RECORD THE VOTE ON RULES REPORT NO. 529, SENATE BILL 6142 [SIC]. 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
104
NYS ASSEMBLY JUNE 1, 2022
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.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, THANK YOU
FOR THE OPPORTUNITY FOR A BRIEF INTERRUPTION OF OUR WORK ON THE FLOOR TO
INTRODUCE A GUEST OF OUR COLLEAGUE MR. GIBBS. SHE IS NONE OTHER THAN
THE MOST RECENTLY-CROWNED MS. NEW YORK. SHE WAS CROWNED ON
SUNDAY, APRIL THE 3RD, SHE'S A RESIDENT OF HARLEM, BORN IN WASHINGTON,
D.C., A HAITIAN IMMIGRANT. MARIE CHARLES WAS EDUCATED IN BOTH HAITI
AND IN THE UNITED STATES. SHE'S A GRADUATE OF THE ESTEEMED
MASSANUTTEN MILITARY ACADEMY WHERE SHE UPHOLDS THE VALUES AND
PRINCIPLES AND RESILIENCY AND MORAL RECTITUDE, LEVERAGING THESE ABILITIES
TO IMPROVE BOTH HERSELF AND OTHERS. IN 2004 SHE PROUDLY GRADUATED
FROM BARUCH COLLEGE WITH A DEGREE IN BUSINESS ADMINISTRATION.
MR. SPEAKER, WOULD YOU PLEASE WELCOME MS. NEW
YORK TO OUR CHAMBERS?
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MRS. PEOPLES-STOKES AND ASSEMBLYMEMBER GIBBS, WE WELCOME
YOU HERE TO THE NEW YORK STATE ASSEMBLY. WE EXTEND TO YOU THE
PRIVILEGES OF THE FLOOR. DELIGHTED THAT YOU WILL REPRESENT US AS A STATE.
I CAN'T EVEN IMAGINE HOW WONDERFUL IT MUST BE TO BE CROWNED MS.
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NYS ASSEMBLY JUNE 1, 2022
NEW YORK STATE. THANK YOU SO VERY MUCH FOR SHARING WITH US. WE
WISH YOU ALL THE LUCK IN YOUR YEAR OF REIGN. IT'S A YEAR, RIGHT? YOU GET
A WHOLE YEAR?
MS. MARIE CHARLES: (INAUDIBLE)
ACTING SPEAKER AUBRY: OH, GOOD. WELL, SO
WE -- WE LOOK FORWARD TO YOU DOING THAT AND REPRESENTING US. THANK
YOU SO VERY MUCH AND YOU'RE ALWAYS WELCOME AND TO YOUR CROWN.
(APPLAUSE)
THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A06150-B, RULES
REPORT NO. 530, SEPTIMO, MAMDANI, ANDERSON, FERNANDEZ, SIMON,
SILLITTI, EPSTEIN, GOTTFRIED, SOLAGES, FORREST, JACKSON, GONZÁLEZ-ROJAS,
DARLING, L. ROSENTHAL, KELLES, SEAWRIGHT, THIELE, OTIS, FAHY,
ENGLEBRIGHT. AN ACT TO AMEND THE ENVIRONMENTAL CONSERVATION LAW,
IN RELATION TO EMISSIONS OF TOXIC AIR CONTAMINANTS.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
SEPTIMO, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A06365-A, RULES
REPORT NO. 531, ABBATE. AN ACT TO AMEND THE RETIREMENT AND SOCIAL
SECURITY LAW, IN RELATION TO ACCIDENTAL DISABILITY RETIREMENT FOR
UNIFORMED COURT OFFICERS AND PEACE OFFICERS EMPLOYED IN THE UNIFIED
COURT SYSTEM.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
ABBATE, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
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NYS ASSEMBLY JUNE 1, 2022
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 8399. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER, TO JUST
BRIEFLY EXPLAIN MY VOTE. AS MANY OF MY COLLEAGUES KNOW, I'VE BEEN
AN ATTORNEY FOR 30 YEARS AND I HAVE PRACTICED A LOT IN VARIOUS COURTS IN
MOSTLY SARATOGA COUNTY. AND I'VE HAD A CHANCE OVER THAT TIME TO GET
TO KNOW A LOT OF THE PEOPLE WHO ARE UNIFORMED COURT OFFICERS IN THE
COURT SYSTEM. AND I REALLY DO SUPPORT THIS BILL. I -- I'M NOT ALWAYS
COMPLETELY ON BOARD WITH EVERYTHING THAT THE SPONSOR HAS IN TERMS OF
RETIREMENT SYSTEM CHANGES. THIS ONE I REALLY DO SUPPORT. I THINK THAT
THIS BILL PROVIDES A PRESUMPTION THAT THE UNIFORMED COURT OFFICERS AND
PEACE OFFICERS IN THE UNIFORM [SIC] COURT SYSTEM THAT ARE INJURED AS A
RESULT OF PHYSICAL ASSAULT BY AN ASSAILANT, SUFFERED IN-SERVICE WILL BE
ENTITLED TO ACCIDENTAL DISABILITY RETIREMENT IN MOST INSTANCES. AND I
WILL SAY THAT PARTICULARLY IN FAMILY COURT THAT HAPPENS. THAT -- THAT
HAPPENS. THEY -- THEY HAVE PROTECTED ME PERSONALLY ON A NUMBER OF
OCCASIONS. IT'S GETTING INCREASINGLY MORE OUT OF HAND AND -- AND
VIOLENT AND WITHOUT THEIR ASSISTANCE WE WOULD ALL BE IN A LOT OF TROUBLE.
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SO THEY DO BECOME INJURED IN THE -- IN THE CAUSE OF PROTECTING THE REST
OF US.
I THINK THAT THIS IS A FAIR AND JUST PIECE OF LEGISLATION
AND I'M VERY HAPPY TO -- TO VOTE IN THE AFFIRMATIVE AND TO JUST THANK
THEM FOR THEIR SERVICE. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MS. WALSH IN THE
AFFIRMATIVE.
MR. FITZPATRICK.
MR. FITZPATRICK: YES, THANK YOU, MR. SPEAKER.
JUST TO EXPLAIN MY VOTE. YOU KNOW, WE'VE SEEN A LOT OF THESE BILLS AT
THIS TIME OF YEAR, AND IT IS A GREAT BENEFIT TO HAVE. HOWEVER, IT CAN BE
AND WILL MORE THAN LIKELY BE VERY EXPENSIVE AND, THEREFORE, IT IS NOT
UNFAIR OR UNREASONABLE TO ASK THAT THIS BE NEGOTIATED AT THE BARGAINING
TABLE RATHER THAN GO THROUGH THE LEGISLATURE. THAT IS WHAT COLLECTIVE
BARGAINING IS FOR. IT NEEDS TO BE USED IN INSTANCES LIKE THIS. AND,
AGAIN, THIS SHOULD NOT GO THROUGH THE LEGISLATURE AND BE MANDATED ON
THE TAXPAYERS. IT SHOULD BE A NEGOTIATED ITEM WHERE THE OTHER SIDE IS
ASKED TO PUT SOMETHING ON THE TABLE TO HELP OFFSET THE POTENTIALLY
TREMENDOUS COST OF THIS.
WITH THAT SAID, WE ADMIRE WHAT THEY DO, WE RESPECT
THEM GREATLY. BUT THESE TYPES OF BENEFITS SHOULD BE NEGOTIATED THROUGH
COLLECTIVE BARGAINING. THANK YOU, AND I VOTE NO.
ACTING SPEAKER AUBRY: MR. FITZPATRICK IN THE
NEGATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
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NYS ASSEMBLY JUNE 1, 2022
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06724, RULES REPORT
NO. 532, ENGLEBRIGHT, OTIS, THIELE, L. ROSENTHAL, AUBRY, COOK,
MONTESANO, DESTEFANO, JEAN-PIERRE, NIOU, STECK, SIMON, GALLAGHER,
DICKENS, DINOWITZ, ABINANTI. AN ACT TO AMEND THE NOT-FOR-PROFIT
CORPORATION LAW AND THE EDUCATION LAW, IN RELATION TO THE DISCOVERY
AND DISPOSAL OF HUMAN REMAINS AND FUNERARY OBJECTS; AND TO AMEND THE
PARKS, RECREATION AND HISTORIC PRESERVATION LAW, IN RELATION TO
REQUIRING CERTAIN NOTICE AND CONSULTATION PRIOR TO THE UNDERTAKING OF
CERTAIN PROJECTS.
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 JANUARY 1ST.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 5701. 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.
MS. WALSH.
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NYS ASSEMBLY JUNE 1, 2022
MS. WALSH: THANK YOU VERY MUCH, MR. SPEAKER,
FOR ALLOWING ME TO INTERRUPT THESE PROCEEDINGS ON BEHALF OF OUR
COLLEAGUE ASSEMBLYWOMAN JODI GIGLIO, WHO HAS AN INTRODUCTION THAT
I'M GOING TO MAKE FOR HER. JOINING WITH US TODAY IN THE CHAMBER ARE
TWO ESTEEMED GUESTS, MANNY VILAR, THE RETIRING PRESIDENT OF THE PBA
OF NEW YORK STATE, AND ALSO DIXON PALMER, THE VICE PRESIDENT OF
POLICE CONFERENCE FOR NEW YORK STATE.
WOULD YOU PLEASE, MR. SPEAKER, OFFER THE CORDIALITIES
OF THE HOUSE TO THESE TWO VISITORS TO OUR CHAMBER?
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MS. WALSH, MS. GIGLIO, THE SPEAKER AND ALL THE MEMBERS, SIR, WE
WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU THE
PRIVILEGES OF THE FLOOR. THANK YOU FOR THE WORK THAT YOU DO TO ENSURE
AND KEEP OUR PUBLIC SERVICE EMPLOYEES WELL AND TAKEN CARE OF.
CONTINUE THAT GREAT WORK. KNOW THAT YOU WILL ALWAYS BE WELCOME
HERE. THANK YOU.
(APPLAUSE)
THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A07006-B, RULES
REPORT NO. 533, FAHY, LUPARDO, MAGNARELLI, GLICK, GOTTFRIED,
BRONSON, L. ROSENTHAL, STECK, MCDONALD, DICKENS, REYES, SIMON,
GUNTHER, SEAWRIGHT, PHEFFER AMATO, NIOU, COLTON, GRIFFIN, FALL, GALEF,
ZINERMAN, BURKE, HUNTER, WOERNER, J. RIVERA, MAMDANI, JACKSON,
FORREST, THIELE, B. MILLER, CLARK, HEVESI, BLANKENBUSH, JEAN-PIERRE,
KIM, WALLACE, CARROLL, LUNSFORD, BURDICK, GALLAGHER, JACOBSON,
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NYS ASSEMBLY JUNE 1, 2022
BURGOS, GIBBS, KELLES, GONZÁLEZ-ROJAS, ZEBROWSKI, ENGLEBRIGHT,
STERN. AN ACT TO AMEND THE GENERAL BUSINESS LAW, IN RELATION TO THE
SALE OF DIGITAL ELECTRONIC EQUIPMENT AND PROVIDING DIAGNOSTIC AND
REPAIR INFORMATION.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A07079-C,
RULES REPORT NO. 534, BURDICK, THIELE, DICKENS, GUNTHER, FERNANDEZ,
OTIS, CLARK, JACKSON, GONZÁLEZ-ROJAS, KELLES, EPSTEIN, WOERNER. AN
ACT TO AMEND THE PENAL LAW, IN RELATION TO SEXUAL CONDUCT AGAINST A
CHILD IN THE THIRD DEGREE.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 30TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 7079-C. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MR. BURDICK TO EXPLAIN HIS VOTE.
MR. BURDICK: THANK YOU, MR. SPEAKER, TO EXPLAIN
MY VOTE. THIS BILL FILLS A GAP IN THE DEFINITION UNDER THE PENAL LAW OF
THE OFFENSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE THIRD DEGREE.
WITH THIS AMENDMENT IT EXPANDS THE DEFINITION TO INCLUDE USE OF A
FINGER WHICH, SADLY, CASE LAW HAS HELD DOES NOT CONSTITUTE SUCH AN
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OFFENSE. THE BILL CAME ABOUT THROUGH THE SEXUAL ASSAULT OF A
9-YEAR-OLD GIRL, THE DAUGHTER OF A RESIDENT OF MY DISTRICT, WHO IN TEARS
CAME TO ME YEARS AFTER THE OFFENSE AND ASKED ME IF SOMETHING COULD
BE DONE TO CHANGE THE LAW. THIS AMENDMENT WILL NOT CHANGE WHAT
OCCURRED, BUT WILL PROVIDE SOME CLOSURE AND PEACE FOR THE VICTIM AND
HER PARENTS. WHILE I RECOGNIZE THAT CLARIFYING THE LAW DOES NOT
NECESSARILY DETER SUCH ACTION -- ASSAULTS, AT LEAST IT WILL PROVIDE SOME
RECOURSE FOR FUTURE VICTIMS.
I AM GRATEFUL FOR THE BIPARTISAN SUPPORT FOR THIS
MEASURE AND THE TREMENDOUS HELP WHICH STAFF PROVIDED IN SIGNIFICANTLY
IMPROVING THE BILL. I ALSO WISH TO THANK CODES CHAIR JEFF DINOWITZ
AND THE SPEAKER FOR FINDING THE PATH TO ENACTMENT OF THIS BILL. I VOTE IN
THE AFFIRMATIVE. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. BURDICK IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07436-A, RULES
REPORT NO. 535, ABBATE. AN ACT TO AMEND THE STATE FINANCE LAW, IN
RELATION TO THE DIRECT DEPOSIT OF CERTAIN SALARIES.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
ABBATE, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
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NYS ASSEMBLY JUNE 1, 2022
THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1,
2023.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 6617-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. A07747-B, RULES
REPORT NO. 536, MAGNARELLI, WOERNER, JONES, STIRPE, BUTTENSCHON. AN
ACT TO AMEND THE VEHICLE AND TRAFFIC LAW AND THE PARKS, RECREATION
AND HISTORIC PRESERVATION LAW, IN RELATION TO FEES FOR SNOWMOBILE TRAIL
DEVELOPMENT AND MAINTENANCE.
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 7747-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.
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THE CLERK: ASSEMBLY NO. A07805-D, RULES
REPORT NO. 537, CYMBROWITZ, FALL, BENEDETTO, BURDICK, COOK, TAPIA,
J. RIVERA, SEAWRIGHT, DINOWITZ, EICHENSTEIN, DAVILA, D. ROSENTHAL,
HYNDMAN, HEVESI, TAYLOR, NOLAN, BICHOTTE HERMELYN, WILLIAMS,
CARROLL, RAJKUMAR. AN ACT TO AMEND THE PUBLIC HOUSING LAW AND THE
ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, IN RELATION TO
ESTABLISHING THE NEW YORK CITY PUBLIC HOUSING PRESERVATION TRUST FOR
PROPERTIES OWNED OR OPERATED BY THE NEW YORK CITY HOUSING
AUTHORITY AND PROVIDING FOR THE ISSUANCE OF CERTAIN BONDS, NOTES OR
OTHER OBLIGATIONS OF THE NEW YORK CITY HOUSING DEVELOPMENT
CORPORATION.
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 7805-D. 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. ANDERSON TO EXPLAIN HIS VOTE.
MR. ANDERSON: THANK YOU, MR. SPEAKER, TO
EXPLAIN MY VOTE.
ACTING SPEAKER AUBRY: SIR.
MR. ANDERSON: THANK YOU. SO, YOU KNOW, TODAY
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IS A VERY DISAPPOINTING DAY WITH THIS BILL THAT'S IN FRONT OF US. WE HAD A
REAL OPPORTUNITY TO MAKE SURE THAT THE NEW YORK CITY HOUSING
AUTHORITY THAT HAS BEEN NEGLECTED FROM HAVING FUNDING FOR OVER 40
YEARS A TRUE OPPORTUNITY FOR PUBLIC HOUSING TO REMAIN PUBLIC. WE HAD
AN OPPORTUNITY FOR 40 YEARS TO DO THE RIGHT THING. THIS BILL REPRESENTS
THE WRONG THING. THIS BILL REPRESENTS US TRADING PENNIES FOR GOLD.
SECTION 9 IS GOLD AND IT PROVIDES TRUE AND REAL AFFORDABLE HOUSING TO
MANY WORKING-CLASS FAMILIES IN PERPETUITY. THIS BILL HARMS MANY
ASPECTS OF THAT ABILITY TO ADD AND ALLOW FOR TRUE AFFORDABLE HOUSING TO
EXIST. WE UNDERSTAND THE CONDITIONS OF OUR RESIDENTS, OF OUR
NEIGHBORS, ARE IMPACTED TO THEM AND AT THIS TIME I FEEL THAT WE'RE
TURNING OUR BACKS ON THEM BY VOTING ON THIS TRUST. IT'S HARD TO TRUST A
TRUST WHEN THERE'S NO COLLECTIVE BARGAINING. IT'S HARD TO TRUST A TRUST
WHEN THERE'S NO VOTING THRESHOLD, RULES AND REGULATIONS TO ENSURE THAT
JUST FIVE PEOPLE IN A VERY VOTER-APATHETIC PUBLIC HOUSING DEVELOPMENT
SITUATION AND SCENARIO HAVE AN OPPORTUNITY TO TRULY DETERMINE THEIR
FUTURE.
SO I STRONGLY ENCOURAGE ALL MY COLLEAGUES ACROSS THE
AISLE AND HERE IN THIS CONFERENCE TO VOTE NO ON THIS PARTICULAR PIECE OF
LEGISLATION, AND I HOPE THAT EVERYBODY WILL DO THAT AS WELL. THANK YOU,
MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. ANDERSON IN THE
NEGATIVE.
MR. EPSTEIN TO EXPLAIN HIS VOTE.
MR. EPSTEIN: THANK YOU, MR. SPEAKER. I RISE TO
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NYS ASSEMBLY JUNE 1, 2022
EXPLAIN MY VOTE. SO, I REPRESENT 13 PUBLIC HOUSING DEVELOPMENTS IN
NEW YORK CITY, AND I HAVE MET WITH MY NYCHA LEADERS NUMEROUS
TIMES AROUND THIS AND THEY ARE UNIFORMLY OPPOSED TO THIS TRUST BILL.
ONE, THEY'RE REALLY DEEPLY CONCERNED AROUND LOSING THEIR SECTION 9
PROTECTIONS AND MOVING TO SECTION 8, CONCERNS AROUND THE DEFAULT
PROVISIONS. IF THE TRUST FAILS TO PAY, WHAT'S OWED WHEN THEY BORROW
FUNDS, AND THROUGH THIS BONDING AUTHORITY WHAT THE RISK WILL BE TO
THOSE RESIDENTS WHO THROUGH -- THROUGH WHOEVER (INAUDIBLE) BONDED
THE MONEY. THEIR VOTING RIGHTS. ENSURING THAT THEY ENSURE THAT THE
MAJORITY OF THE RESIDENTS WHO LIVE IN THOSE DEVELOPMENTS CAN CHOOSE
THE PATH THAT THEY WANT. TIME AND TIME AGAIN WE'VE SAID TO PUBLIC
HOUSING AUTHORITIES, LIKE, LISTEN TO OUR RESIDENTS. AND THIS IS WHAT
WE'RE DOING. WE'RE LISTENING TO OUR RESIDENTS WHO ARE TELLING US TO VOTE
NO. WE ARE LISTENING TO OUR RESIDENTS WHO CARE DEEPLY ABOUT WHAT THEY
-- WHERE THEY LIVE AND WANT US TO DO SOMETHING RESPONSIBLE FOR IT.
THIS BILL DOESN'T GET THERE. THIS BILL DOESN'T DO WHAT WE NEED. THIS
BILL DOESN'T HAVE THE SUPPORT OF OUR COMMUNITIES. SO TIME AND TIME
AGAIN THERE'S OUR OBLIGATION TO STAND UP FOR OUR RESIDENTS. STANDING UP
FOR OUR RESIDENTS MEANS VOTING AGAINST THIS BILL. STANDING UP FOR OUR
RESIDENTS MEANS TELLING NYCHA TO DO A BETTER JOB ENGAGING WITH OUR
COMMUNITIES, ENGAGING WITH OUR RESIDENTS, ENSURING THAT THEY HAVE A
PLAN THAT WORKS FOR THEM. THIS IS THEIR HOME. THEY ARE -- MANY OF
THEM IN MY COMMUNITY WERE BORN AND RAISED IN THESE PUBLIC HOUSING
DEVELOPMENTS. THEY HAVE RAISED THEIR KIDS THERE AND THEIR GRANDKIDS
THERE. THEY BELIEVE IN THIS DEVELOPMENT. THEY WANT TO FIGHT FOR THEIR
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PUBLIC HOUSING AND IT IS OUR OBLIGATION TO FIGHT WITH THEM.
I'M GOING TO VOTE AGAINST THIS BILL AND I ENCOURAGE MY
COLLEAGUES TO DO THE SAME.
ACTING SPEAKER AUBRY: MR. EPSTEIN IN THE
NEGATIVE.
MS. NIOU.
MS. NIOU: THANK YOU, MR. SPEAKER, FOR ALLOWING
ME TO EXPLAIN MY VOTE. I STAND HERE TODAY ON BEHALF OF PUBLIC HOUSING
RESIDENTS IN 45 ALLEN STREET, 17 ELDRIDGE STREET, THE HERNANDEZ,
HOUSES, THE LAGUARDIA HOUSES, LOWER EAST SIDE I, MELTZER TOWER, THE
RUTGERS HOUSES, SEWARD PARK EXTENSION, THE SMITH HOUSES, THE TWO
BRIDGES DEVELOPMENT AND THE VLADECK HOUSES, ALL 11 NYCHA
DEVELOPMENTS IN MY DISTRICT, TO FIRMLY OPPOSE THIS LEGISLATION AND ANY
OTHER ATTEMPT TO TRANSFORM SECTION 9 PUBLIC HOUSING INTO SECTION 8
UNITS. I OPPOSE THIS BILL ON PROCEDURAL GROUNDS, THAT IT WAS CRAFTED
WITHOUT SUFFICIENT INPUT FROM RESIDENTS AND ON SUBSTANTIVE GROUNDS THAT
IT ULTIMATELY PUTS UNITS AT AN INTOLERABLE LEVEL AT RISK.
FIRST AND FOREMOST, MY OPPOSITION IS OWED TO
COMMUNITY OPPOSITION BY NYCHA RESIDENTS IN EVERY DEVELOPMENT IN
MY DISTRICT. BEYOND JUST MY DISTRICT, NINE OF THE TEN REPRESENTATIVES ON
THE CCOP, A BOARD OF TENANTS ELECTED TO REPRESENT THEIR NEIGHBORS,
OPPOSE THE TRUST. I AM DISAPPOINTED IN MY COLLEAGUES WHO SAY THIS
SCHEME IS BEST FOR NYCHA RESIDENTS. TENANTS HAVE BOLDLY AND LOUDLY
DECLARED THAT THEY DO NOT BELIEVE THAT THIS IS BEST FOR THEM. AND THEY
ARE BROADLY DISTRUSTFUL OF MANY OF THIS PLAN'S IMPLICATIONS AND WOULD
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NYS ASSEMBLY JUNE 1, 2022
RATHER WORK TO SOLVE THE ISSUES WITH SECTION 9 RATHER THAN TURN TO
SECTION 8. WE CANNOT MAKE DECISIONS FOR PUBLIC HOUSING RESIDENTS
WITHOUT PUBLIC HOUSING RESIDENTS. THEY MUST HAVE A SEAT AT THE TABLE
IN DRAFTING ANY PROPOSED NYCHA OVERHAUL, AND THEY HAVE BEEN
REGULARLY EXCLUDED AND IGNORED IN THE PROCESS OF CREATING THIS BILL.
I WILL BE REGISTERING ALL OF MY COMMENTS OFFICIALLY FOR
THE RECORD. THANK YOU, AND I VOTE IN THE NEGATIVE.
ACTING SPEAKER AUBRY: MS. NIOU IN THE
NEGATIVE.
MR. LAWLER TO EXPLAIN HIS VOTE.
MR. LAWLER: THANK YOU, MR. SPEAKER. TWO OF
THE BIGGEST AUTHORITIES THAT WE HAVE IN THIS STATE ARE THE MTA AND
NYCHA, AND BOTH ARE ABJECT FAILURES. THEY'RE HORRIBLY RUN. THE
AMOUNT OF MONEY THAT GOES INTO THEM AND IS WASTED, MISMANAGED,
MISUSED. YOU HAVE PEOPLE LIVING IN NYCHA HOUSING WHO HAVE HOLES
IN THEIR CEILINGS. LITERALLY WATER POURING DOWN AS THEY GO TO THE
RESTROOM, HAVING TO HOLD AN UMBRELLA. IT'S SHAMEFUL, IT'S DISGRACEFUL,
IT'S DISGUSTING. THIS BILL SIMPLY SHIFTS THE BLAME, SHIFTS THE PROBLEM,
MOVES THE COSTS, ALLOWS FOR MORE BORROWING, AND NO REAL PLAN TO FIX
THE PROBLEMS. I DON'T KNOW HOW IN GOOD CONSCIENCE WE COULD
CONTINUE DOWN THIS PATH AND JUST THROW MORE MONEY AT IT, ALLOW FOR
MORE BORROWING, MORE DEBT AND A NEW NAME. THIS IS NOT A PLAN. THIS
IS NOT GOING TO FIX A THING. IT IS NOTHING MORE THAN WINDOW DRESSING,
AND I THINK THE RESIDENTS OF NYCHA HOUSING DESERVE FAR BETTER THAN
WHAT THEY'VE RECEIVED AND WHAT THIS BILL WOULD EVEN DO.
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THIS IS A MONEY GRAB AND WE SHOULD NOT BE IN FAVOR OF
IT. WE SHOULD BE VOTING AGAINST IT.
ACTING SPEAKER AUBRY: MR. LAWLER IN THE
NEGATIVE.
MS. WEINSTEIN TO EXPLAIN HER VOTE.
MS. WEINSTEIN: MR. SPEAKER, I STAND IN SUPPORT OF
THIS LEGISLATION. I'M JUST LISTENING AND HEARD A NUMBER OF COLLEAGUES
WHO TALKED ABOUT THEIR NYCHA RESIDENTS OPPOSING THIS MEASURE. IN
MY DISTRICT IN THE SHEEPSHEAD-NOSTRAND HOUSES, THE PRESIDENT OF THE
NOSTRAND HOUSES IS A VERY STRONG PROPONENT OF THIS LEGISLATION, THIS --
THIS CONCEPT OF TRUST. AND THE RESIDENTS IN MY COMMUNITY BELIEVE THAT
THIS WILL BE A TREMENDOUS BENEFIT FOR THEM OVER THE LONG-TERM. SO I JUST
WANTED TO BRING THAT PERSPECTIVE. THERE'S NOT UNIFORMITY IN HOW
RESIDENTS OF NYCHA VIEW THIS PROPOSAL. AND HAVING LISTENED TO IT AND
SPOKEN WITH THE NYCHA LEADERSHIP I BELIEVE THAT IT WILL BE A
TREMENDOUS BENEFIT TO MANY RESIDENTS OF NYCHA AND I'M PROUD TO
VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. WEINSTEIN IN THE
AFFIRMATIVE.
MS. SEPTIMO TO EXPLAIN HER VOTE.
MS. SEPTIMO: I REPRESENT THE SOUTH BRONX. MY
DISTRICT IS HOME TO MORE THAN 15 NYCHA DEVELOPMENTS. MY DISTRICT
IS ALSO HOME TO THE POOREST CONGRESSIONAL DISTRICT IN THE NATION. WE
KNOW THAT THE FEDERAL GOVERNMENT HAS COMPLETELY ABANDONED ITS
RESPONSIBILITY TO OUR TENANTS, TO NYCHA TENANTS ACROSS THE CITY, TO
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NYS ASSEMBLY JUNE 1, 2022
PUBLIC HOUSING TENANTS ACROSS THE NATION. ULTIMATELY, THESE TENANTS
DESERVE BETTER. THE NYCHA TRUST BLUEPRINT IS NOT THE PROCESS THAT IS
GOING TO GET THEM TO BETTER, AND WE KNOW THAT BECAUSE WHETHER YOU ARE
FIGHTING ON THE SUBSTANCE OF THE BILL AND HOW THESE VOUCHERS COME TO
BE AND HOW THEY GET FUNDED OR THE PROCESS, AT EVERY SINGLE POINT THERE
ARE TOO MANY QUESTIONS AND TOO MANY FLAWS THAT REMAIN. THIS PROCESS
HAS BEEN ONE THAT HAS FAILED TO CONSIDER TENANT VOICE AND TENANT RIGHTS
FROM START TO FINISH. TODAY WE KNOW THAT THERE ARE SCORES -- THOUSANDS
OF TENANTS ACROSS NEW YORK CITY WHO ARE FEELING VULNERABLE ABOUT
THEIR RIGHTS GOING INTO THIS PIECE OF LEGISLATION. AND RIGHT NOW WE ARE
SAYING THAT WE ARE NOT CONCERNED WITH THESE GENUINE MOMENTS OF
PAUSE.
I WILL BE VOTING IN THE NEGATIVE ON THIS PIECE OF
LEGISLATION BECAUSE ULTIMATELY, ANY PIECE OF LEGISLATION THAT IS AIMING
TO HELP PEOPLE HAS TO CONSIDER THE PERSPECTIVES OF THOSE PEOPLE AND
ULTIMATELY THE BLUEPRINT FAILS TO DO THAT. THERE ARE QUESTIONS AS IT
RELATES TO HOW DEVELOPMENTS WILL OPT INTO THE BLUEPRINT. THERE ARE
QUESTIONS AS TO WHAT WILL MAKE ELECTIONS THAT PUT PROPERTIES INTO THE
BLUEPRINT LEGITIMATE. THERE ARE QUESTIONS THAT REMAIN ABOUT HOW MANY
PEOPLE WILL HAVE TO PARTICIPATE IN DECISION-MAKING FOR DEVELOPMENTS
THAT WILL AFFECT THOUSANDS OF PEOPLE'S LIVES AND THAT WE KNOW WILL
AFFECT THE HOUSING STOCK FOR YEARS TO COME. BECAUSE OF THESE QUESTIONS
AND SO MANY OTHERS THAT HAVE BEEN -- HAVE REMAINED UNANSWERED AND
BECAUSE OF THE WHOLESALE DISREGARD OF TENANTS THROUGHOUT THE CITY WHO
ARE IN OPPOSITION TO THIS PROJECT, I WILL BE VOTING IN THE NEGATIVE AND I
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HOPE THAT WE CAN ALL RESTORE OUR COMMITMENT TO THESE TENANTS AND
RESPECTING THEIR VOICE MOVING FORWARD. THANK YOU.
ACTING SPEAKER AUBRY: MS. SEPTIMO IN THE
NEGATIVE.
MRS. PEOPLES-STOKES TO EXPLAIN HER VOTE.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. I RISE TO EXPLAIN MY VOTE. I UNDERSTAND THAT PUBLIC HOUSING
ACROSS THE NATION IS A FEDERAL GOVERNMENT RESPONSIBILITY, AND IN MANY
WAYS I -- I -- I RESENT THE WAY THAT THEY ABDICATED THEIR RESPONSIBILITY
CONSISTENTLY OVER THE DECADES. AND -- AND WHAT WE HAVE DONE IN NEW
YORK AND I WOULD SUSPECT IN OTHER STATES AS WELL IS TO TRY AND TAKE CARE
OF OUR RESIDENTS IN SPITE OF WHAT THE FEDERAL GOVERNMENT WAS OR WAS
NOT DOING.
ACTING SPEAKER AUBRY: CAN WE GET A LITTLE
QUIET, PLEASE? SHH.
MRS. PEOPLES-STOKES: AND SO I THINK, MR.
SPEAKER, IN MANY WAYS WHAT THE CHAIR OF THE COMMITTEE AND THE
SPONSOR OF THIS LEGISLATION IS TRYING TO DO IS TO SAY TO NEW YORK STATE
RESIDENTS WHO ARE NYCHA TENANTS AND MOST LIKELY THE RESPONSIBILITY
OF FEDERAL GOVERNMENT, THAT WE'RE NOT JUST GOING TO KEEP WAITING ON
THE FEDERAL GOVERNMENT TO DO THEIR RESPONSIBILITY FOR YOU. WE'RE GOING
TO TRY AND HELP YOU AND HELP THEM HELP YOU. SO I THINK THIS BILL IS
WORTH THE EFFORT. I'M GLAD THAT THE SPONSOR HAS INTRODUCED IT. AND
ALBEIT NOT EVERYTHING EVERYBODY WANTS, BUT WHEN DO WE EVER GET
EVERYTHING THAT EVERYBODY WANTS? WE'RE NOT THERE YET, BUT WE ARE IN A
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NYS ASSEMBLY JUNE 1, 2022
GOOD PLACE WHERE I THINK THIS COULD BE BENEFICIAL TO THE TENANTS BOTH IN
THE SHORT-TERM AND IN THE LONG-TERM.
SO I'M VOTING YES. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES
IN THE AFFIRMATIVE.
MS. JACKSON TO EXPLAIN HER VOTE.
MS. JACKSON: THANK YOU, MR. SPEAKER, FOR
ALLOWING ME TO EXPLAIN MY VOTE. I HAVE THE PLEASURE OF -- I HAVE THE
PLEASURE OF SPEAKING UP FOR OVER 20 NYCHA DEVELOPMENTS IN MY
DISTRICT, AND FROM THE BEGINNING OF THIS BILL WHEN I LEARNED ABOUT IT
BEFORE I EVEN BECAME AN ASSEMBLYMEMBER IT WAS PROBLEMATIC
BECAUSE OF HOW AND WHICH NYCHA DECIDED TO ROLL OUT THIS PIECE OF
LEGISLATION. THE TENANT LEADERS HAVE HAD ISSUES WITH THE ROLLOUT SINCE
THE BEGINNING, THEY HAVE BEEN EXPLAINING TO LEADERSHIP FOR THE LONGEST
THAT THERE ARE THINGS IN HERE THAT THEY ARE AFRAID OF FOR THEIR -- THEIR
LIVING ENVIRONMENT. THEY WANT TO PROTECT PUBLIC HOUSING. MY TENANT
LEADERS WOULD LOVE TO SEE THAT PUBLIC HOUSING STAY PUBLIC, AND WHAT
THIS BILL DOES FOR THEM SCARES THEM. AND SO IT IS MY RESPONSIBILITY TO
SPEAK UP AND TO BE THE VOICE SINCE THEY CANNOT BE HERE ON THE FLOOR
AND EXPRESS THEIR VOTE TO SAY THAT I WILL NOT BE VOTING FOR THIS PIECE OF
LEGISLATION. AND I RESPECT PEOPLE THAT LIVE THERE. I DON'T LIVE THERE NOR
DOES ANYONE IN THIS BODY THAT I KNOW OF LIVES IN PUBLIC HOUSING, SO IT'S
HARD FOR US TO TELL THEM WHAT -- WHAT IS BEST FOR THEM. WE ARE
SUPPOSED TO LISTEN TO THE PEOPLE AND ALLOW THE PEOPLE TO HAVE SAY ON
THEIR LIVING ENVIRONMENTS. WE KNOW HOW BAD IT IS. WE DON'T NEED A
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NYS ASSEMBLY JUNE 1, 2022
CRASH COURSE IN THAT BECAUSE WE KNOW. BUT AT THIS POINT WE'RE ASKING
THAT --
ACTING SPEAKER AUBRY: ONE MINUTE, MS.
JACKSON.
LADIES AND GENTLEMEN UNDER THE EAVE, YOU'RE GOING TO
HAVE TO TONE IT DOWN.
MS. JACKSON: WE'RE ASKING -- THANK YOU, MR.
SPEAKER. WE'RE ASKING THAT THEIR -- THAT THE AMENDMENTS THAT THEY'RE
ASKING FOR, THE RULES THAT THEY'RE ASKING FOR BE -- BE ADOPTED AS SUCH.
SO I AM A NO VOTE.
ACTING SPEAKER AUBRY: MS. JACKSON IN THE
NEGATIVE.
MS. DAVILA TO EXPLAIN HER VOTE.
MS. DAVILA: THANK YOU, MR. SPEAKER, FOR
ALLOWING ME TO EXPLAIN MY VOTE. WELL, I -- I DEFINITELY UNDERSTAND THAT
THERE MIGHT BE SOME MEMBERS THAT ARE EXTREMELY CONCERNED ABOUT
NYCHA AND THE WAY IT HAS BEEN TREATED FOR DECADES AND DECADES.
THERE'S NO DOUBT THAT THERE IS -- THE TRUST FUND, NOT TOO MANY PEOPLE ARE
TRUSTWORTHY OF IT, SO TO SPEAK. BUT I -- IN MY DISTRICT I HAVE FIVE, SIX
DIFFERENT DEVELOPMENTS AND I KNOW THAT THEY HAVE BEEN SUFFERING FOR
DECADES AND DECADES. THIS IS PROBABLY ONE OF THE BETTER PLANS THAT I
HAVE SEEN THAT CAN GIVE THESE TENANTS AN OPPORTUNITY TO LIVE IN A
HABITABLE ENVIRONMENT AND TO ALSO MAINTAIN THEIR HOUSING STATUS AS
PUBLIC HOUSING DEVELOPMENT. THE THING IS THAT THEY ARE GOING TO HAVE
TO CHOOSE. THIS IS SOMETHING THAT WAS -- THAT HAS NEVER HAPPENED
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NYS ASSEMBLY JUNE 1, 2022
BEFORE. SO WE -- WE ARE GOING TO HAVE TO TAKE THAT STEP ONE WAY OR
ANOTHER TO ENSURE THAT OUR TENANTS ARE TREATED WITH DIGNITY AND RESPECT
AND THAT THEY CAN LIVE IN A HABITABLE ENVIRONMENT AND THAT THEY ARE NO
LONGER TARGETED AS A LOW-INCOME DEVELOPMENT OR HAVE TO FEEL LIKE THEY
HAVE TO WALK AROUND RATS AND -- AND ROACHES AND -- BECAUSE WE ARE NOT
DOING WHAT WE NEED TO DO ON OUR PART.
SO WITH THAT SAID, MR. SPEAKER, I VOTE IN THE
AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. DAVILA IN THE
AFFIRMATIVE.
MS. FRONTUS ON ZOOM.
MS. FRONTUS: THANK YOU SO MUCH, MR. SPEAKER,
FOR ALLOWING ME TO EXPLAIN MY VOTE. I HOPE THAT EVERYONE CAN HEAR
ME. THERE IS A BIT OF A DELAY HERE. I REPRESENT THE 46TH DISTRICT,
SOUTHERN BROOKLYN, MY HOME NEIGHBORHOOD OF CONEY ISLAND WHICH
HAS SOME NINE NYCHA DEVELOPMENTS. SOME OF THEM ARE AS LARGE AS
15 BUILDINGS. SOME OF MY LEADERS ARE FOR THE TRUST, SOME ARE AGAINST IT.
BUT I CAN TELL YOU THAT LAST NIGHT I HAD A THREE-HOUR TOWN HALL MEETING
AND MOST OF THE PEOPLE THERE TOLD ME THAT THEY ARE AGAINST THIS PIECE OF
LEGISLATION. WHAT I FIND THE MOST TROUBLING, TO BE HONEST WITH YOU, IS
THAT THE AVERAGE RESIDENT IN MY COMMUNITY WAS HEARING THE WORDS
"BLUEPRINT FOR CHANGE", WAS HEARING ABOUT RAD, WAS HEARING ABOUT THE
PRESERVATION TRUST FOR THE VERY FIRST TIME. IF WE ARE GOING TO ASK
PEOPLE TO TRUST US, WE ARE MEMBERS OF GOVERNMENT, WE HAVE TO BEHAVE
IN A MANNER WHERE PEOPLE CAN TAKE US SERIOUSLY. AND I, FRANKLY, JUST
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NYS ASSEMBLY JUNE 1, 2022
DON'T THINK THAT THIS IS A WAY TO EARN TRUST WITH PEOPLE WHO HAVE BEEN
DISAPPOINTED FOR DECADES AND DECADES. SOME OF THE FAMILIES AT
NYCHA ARE SECOND-GENERATION, SOME ARE THIRD-GENERATION. THEY'RE
USED TO BROKEN PROMISES. THEY'RE USED TO PEOPLE NOT KEEPING THEIR
WORD. IF WE ARE TRYING TO TURN OVER A NEW PAGE, IF WE ARE TRYING TO TURN
OVER A NEW LEAF, THEN WHAT NYCHA SHOULD HAVE DONE IS MEET WITH ALL
OF THE TENANTS, AS THEY SAID THEY WOULD, BECAUSE WHEN THEY FIRST CAME
OUT WITH THIS PLAN THEY MET WITH MEMBERS LIKE MYSELF IN THE
LEGISLATURE AND THE FIRST QUESTION WE ASKED THEM IS, ARE YOU GOING TO
HAVE TOWN HALL MEETINGS AND MEET WITH THE RESIDENTS TO MAKE SURE THEY
ARE INFORMED? THEY TOLD US THAT THEY WOULD, AND MUCH TO MY CHAGRIN,
MUCH TO MY CHAGRIN, WHEN I STARTED ASKING AROUND PEOPLE KNEW
ABSOLUTELY NOTHING.
(BUZZER SOUNDS)
AND SO MY NEGATIVE VOTE TODAY IS NOT REALLY AGAINST
THE TRUST OR THE PIECE OF LEGISLATION.
ACTING SPEAKER AUBRY: MS. FRONTUS, HOW DO
YOU VOTE?
MS. FRONTUS: I VOTE IN THE NEGATIVE. THANK YOU
SO MUCH.
ACTING SPEAKER AUBRY: MS. FRONTUS IN THE
NEGATIVE.
MS. REYES TO EXPLAIN HER VOTE.
MS. REYES: THANK YOU, MR. SPEAKER. THIS BILL IS
VERY TROUBLING FOR ME BECAUSE LIKE SO MANY OF MY COLLEAGUES HAVE
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NYS ASSEMBLY JUNE 1, 2022
MENTIONED, RESIDENT ENGAGEMENT HAS BEEN VERY LACKING AROUND THIS
ISSUE. AND YES, RESIDENTS OF NYCHA DESERVE INVESTMENT. NOBODY
SHOULD BE LIVING IN THE CONDITIONS THAT NYCHA RESIDENTS ARE LIVING IN.
BUT THE REALITY IS THAT NYCHA HAS ALSO SQUANDERED LOTS AND LOTS OF
MONEY, LOTS OF RESOURCES. THEY'VE HAD TIME AND TIME OPPORTUNITIES TO
DO RIGHT BY TENANTS AND THEY HAVEN'T DONE THAT. SO IT'S IRONIC THAT WE
SEE A BILL THAT CREATES A TRUST IN WHICH THE RESIDENTS ARE SUPPOSED TO
NOW TRUST THAT NYCHA IS GOING TO DO RIGHT BY THEM. WE'VE SEEN RAD
PACT CONVERSIONS AND OTHER ITERATIONS OF A NYCHA PLAN WITH SHOTTY
RENOVATIONS THAT ARE FAILING CURRENTLY, AND WITH IT WE ALSO SAW SOME OF
THE HIGHEST EVICTION RATES IN OUR CITY. THAT, TO ME, IS PROBLEMATIC.
THE FACT THAT WE ARE PASSING THIS WITHOUT TRUE DISCUSSION AND TRUE
CONFERENCE AND DEBATE ON A LITANY OF ISSUES IN THE LANGUAGE OF THIS TRUST
IS ALSO PROBLEMATIC. ONE PIECE IS THAT -- THE REALITY IS THAT SECTION 9 IS
THE LAST BASTION OF AFFORDABLE HOUSING IN OUR COUNTRY, AND THIS WOULD
BE DOING AWAY WITH SECTION 9 VOUCHERS IN THE STATE OF NEW YORK.
SOME OF THE FEW THAT ARE LEFT. BUT ALSO THERE'S A LABOR COMPONENT TO
THIS, AND THIS LANGUAGE LITERALLY GIVES THE OPTION TO NYCHA, EITHER
PARTICIPATE OR NOT, IF THEY WISH, IN COLLECTIVE BARGAINING, POSSIBLY DOING
AWAY WITH GOOD-PAYING LABOR UNION JOBS THAT THE VERY PEOPLE WHO LIVE
IN NYCHA NEED TO SURVIVE AND THE PEOPLE WHO LIVE IN OUR CITY
DEPEND ON AS WELL.
FOR THAT AND MANY OTHER REASONS I'M GOING TO BE
VOTING IN THE NEGATIVE. THANK YOU.
ACTING SPEAKER AUBRY: MS. REYES IN THE
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NYS ASSEMBLY JUNE 1, 2022
NEGATIVE.
MS. WALSH FOR EXCEPTIONS.
MS. WALSH: THANK YOU, MR. SPEAKER. WOULD YOU
PLEASE RECORD MR. DESTEFANO IN THE NEGATIVE ON THIS LEGISLATION. THANK
YOU.
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: PLEASE RECORD OUR
COLLEAGUES MR. BARNWELL, MS. MITAYNES, MR. MAMDANI AND MS.
GALLAGHER IN THE NEGATIVE.
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. A07837-C, RULES
REPORT NO. 538, NORRIS. AN ACT IN RELATION TO AUTHORIZING THE COUNTY
OF NIAGARA TO TRANSFER OWNERSHIP OF CERTAIN PARKLAND TO THE TOWN OF
LOCKPORT.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
NORRIS, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. HOME RULE MESSAGE IS AT THE DESK.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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NYS ASSEMBLY JUNE 1, 2022
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 6313-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.)
MRS. PEOPLES-STOKES: MR. SPEAKER, WOULD YOU
PLEASE RECORD OUR COLLEAGUE MR. DINOWITZ IN THE NEGATIVE ON THIS ONE?
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. A07876-A, RULES
REPORT NO. 539, CARROLL, WALKER, GALLAGHER, BARNWELL, JONES,
ANDERSON, STERN, ROZIC, QUART, PAULIN, CYMBROWITZ, GOTTFRIED,
DINOWITZ, GRIFFIN, NOLAN, ABINANTI, SANTABARBARA, L. ROSENTHAL,
MCDONALD, LAVINE, THIELE, OTIS, HEVESI, DAVILA, SEAWRIGHT,
D. ROSENTHAL, LUPARDO, JACOBSON, FERNANDEZ, O'DONNELL, CUSICK,
KELLES, BURDICK, FAHY, GALEF, STECK, MAGNARELLI, WOERNER, BARRETT,
STIRPE, SIMON, HUNTER, DURSO, GANDOLFO, NIOU, CRUZ, MIKULIN,
MONTESANO, ENGLEBRIGHT, GIBBS, COLTON. AN ACT TO AMEND THE REAL
PROPERTY LAW, IN RELATION TO REQUIRING DISCLOSURE OF INFORMATION
CONCERNING FLOOD INSURANCE ON RESIDENTIAL LEASES.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
CARROLL, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
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NYS ASSEMBLY JUNE 1, 2022
ADVANCED AND THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A07919-A, RULES
REPORT NO. 540, BRONSON, WALLACE, BYRNES, BURKE, JENSEN, DINOWITZ,
BARNWELL, LUNSFORD, ROZIC, MCDONALD, OTIS, DICKENS, GOTTFRIED,
LUPARDO, GRIFFIN, DARLING, SOLAGES, JOYNER, HAWLEY, GALLAHAN,
MORINELLO, MIKULIN, LAWLER, J.M. GIGLIO, DESTEFANO, GANDOLFO,
WALCZYK, K. BROWN, DURSO. AN ACT TO AMEND THE STATE FINANCE LAW,
THE GENERAL MUNICIPAL LAW, THE PUBLIC AUTHORITIES LAW AND THE
HIGHWAY LAW, IN RELATION TO ENACTING THE NEW YORK STATE BUY
AMERICAN SALT 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 7919-A. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MS. BYRNES TO EXPLAIN HER VOTE.
MS. BYRNES: THANK YOU. THANK YOU. THANK YOU,
MR. SPEAKER. I KNOW THIS IS A FAST ROLL CALL AND I'LL BE VERY BRIEF. I JUST
WANTED TO INDICATE AND TO THANK MR. BRONSON, ALTHOUGH HE'S NOT HERE. I
REPRESENT IN MY DISTRICT ONE OF THE LARGEST SALT -- ACTUALLY, THE LARGEST
SALT MINE IN THE ENTIRE UNITED STATES OF AMERICA. AND AMERICAN ROCK
SALT AND ITS PREDECESSOR HAD MINED SALT UNDER LIVINGSTON COUNTY FOR
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NYS ASSEMBLY JUNE 1, 2022
OVER 100 YEARS. IT IS THE ECONOMIC DRIVER OF LIVINGSTON COUNTY, WHICH
IS MY DISTRICT. IT SUPPORTS 7- TO 800 FAMILIES. NOT JUST MINERS, BUT ALSO
TRUCK DRIVERS, RAILROAD PERSONNEL, AND ALSO FARMERS BECAUSE IN THE
WINTERTIME WHEN FARMERS WOULD NORMALLY PUT THEIR TRUCKS IN STORAGE
NOW THEY'RE ABLE TO USE THEM IN ORDER TO TRANSPORT SALT IN THE
WINTERTIME. SO THIS IS JUST AN ECONOMIC BOOM FOR MY AREA. THE SALT
MINE PLAYS BY OLD RULES, IT FOLLOWS THE REGULATIONS, IT PAYS THE RIGHT
WAGES AND BENEFITS. ALL THE MINERS WANTED WAS A CHANCE TO HAVE A
LEVEL PLAYING FIELD. WE HAVE TALKED A LOT IN THIS HOUSE ABOUT FOREIGN
SUBSTANDARD MINING ON FOREIGN SOIL AND POTENTIAL HUMAN RIGHTS
CONCERNS. AND NO, WE'RE NOT TALKING ABOUT COBALT. NOW WE'RE TALKING
ABOUT SALT. AND AS A RESULT IT'S VERY IMPORTANT THAT OUR NEW YORK STATE
LOCAL PEOPLE WHO ARE SUPPORTING OUR OWN FAMILIES IN OUR OWN
NEIGHBORHOODS BE ABLE TO WORK AND THRIVE, AND THAT IS WHY I'M
SUPPORTING THIS BILL.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: MS. BYRNES IN THE
AFFIRMATIVE.
MR. BYRNE.
MR. BYRNE: THANK YOU, MR. SPEAKER. I VOTE --
YES, THANK YOU, MR. SPEAKER. WITH ALL DUE RESPECT TO MY COLLEAGUE,
AND I UNDERSTAND THAT LIKE MANY PIECES OF LEGISLATION THERE ARE CERTAIN
POLICIES THAT WE EMBRACE AND SUPPORT THAT ARE VERY FAVORABLE TO SOME
PORTIONS OF THE STATE AND NOT SO FAVORABLE TO OTHER PORTIONS OF THE
STATE. AND WHILE I -- I CERTAINLY RESPECT HER POSITION AND UNDERSTAND
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NYS ASSEMBLY JUNE 1, 2022
WHY SHE'S FIGHTING FOR IT, I HAVE GOTTEN PHONE CALLS AND LETTERS,
COMMUNICATIONS FROM A NUMBER OF MY HIGHWAY SUPERINTENDENTS,
RAISING THEIR CONCERNS ABOUT THE CAP -- THE CAPACITY TO ATTAIN ENOUGH
SALT, THE NEGATIVE CONSEQUENCES THAT THIS COULD HAVE ON THEM BEING
ABLE TO OBTAIN THE SALT THEY NEED FOR THEIR OPERATIONS. JUST AS RECENTLY
AS TWO DAYS AGO I SPOKE WITH THE HIGHWAY SUPERINTENDENT OF PUTNAM
VALLEY WHO IS A REGISTERED DEMOCRAT AND WHO TOLD ME, PLEASE, KEVIN,
DO NOT SUPPORT THIS BILL. AND THAT IS WHY I WILL BE VOTING IN THE
NEGATIVE.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. BYRNE IN THE
NEGATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07952, RULES REPORT
NO. 541, LALOR. AN ACT TO AMEND CHAPTER 476 OF THE LAWS OF 1957
RELATING TO AUTHORIZING THE BOARD OF COMMISSIONERS OF THE LAND OFFICE
TO GRANT CERTAIN EASEMENTS IN LANDS OF THE STATE UNIVERSITY AGRICULTURAL
AND TECHNICAL INSTITUTE AT FARMINGDALE TO CENTRAL HUDSON GAS AND
ELECTRIC CORPORATION IN IN RELATION TO THE DESCRIPTION OF LANDS FOR
WHICH THE COMMISSIONER OF GENERAL SERVICES IS AUTHORIZED TO GRANT AN
EASEMENT TO THE CENTRAL HUDSON GAS AND ELECTRIC CORPORATION.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
LALOR, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
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NYS ASSEMBLY JUNE 1, 2022
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 9288. 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. A08098, RULES REPORT
NO. 542, CYMBROWITZ. AN ACT TO AMEND THE PRIVATE HOUSING FINANCE
LAW, IN RELATION TO RENTAL ASSISTANCE AND LEGAL REGULATED RENTS IN
AFFORDABLE HOUSING PROJECTS.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
CYMBROWITZ, 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 7235. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
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NYS ASSEMBLY JUNE 1, 2022
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A08151, RULES REPORT
NO. 543, SILLITTI. AN ACT IN RELATION TO AUTHORIZING ST. FRANCIS HOSPITAL,
ROSLYN, NEW YORK, TO FILE AN APPLICATION FOR EXEMPTION FROM REAL
PROPERTY TAXES.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
SILLITTI, 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 7265. 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. A08169-A, RULES
REPORT NO. 544, CRUZ, ANDERSON, SOLAGES, JACKSON, SIMON, MAMDANI,
FERNANDEZ, HEVESI, DINOWITZ, SEAWRIGHT, SAYEGH, J.D. RIVERA,
WILLIAMS, JOYNER, TAPIA, BURGOS, BARNWELL, COLTON, GLICK, GONZÁLEZ-
ROJAS, FORREST, RAMOS, AUBRY, J. RIVERA, CARROLL, BURDICK, BICHOTTE
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NYS ASSEMBLY JUNE 1, 2022
HERMELYN, EPSTEIN, GALLAGHER, JACOBSON, SEPTIMO, DE LOS SANTOS,
KIM, JEAN-PIERRE, DICKENS, NIOU. AN ACT TO AMEND THE INSURANCE LAW,
IN RELATION TO CERTAIN PROHIBITED CONTRACT PROVISIONS.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
CRUZ, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS ADVANCED
AND THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A08331, RULES REPORT
NO. 545, B. MILLER. AN ACT TO AUTHORIZE JOHN RAFTERY OF THE TOWN OF
SHAWANGUNK TO TAKE THE COMPETITIVE CIVIL SERVICE EXAMINATION FOR THE
POSITION OF POLICE OFFICER AND BE PLACED ON THE ELIGIBLE LIST FOR
EMPLOYMENT AS A FULL-TIME POLICE OFFICER OF THE TOWN OF SHAWANGUNK
POLICE DEPARTMENT.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
MILLER, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. HOME RULE MESSAGE IS AT THE DESK.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 7490. 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.
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NYS ASSEMBLY JUNE 1, 2022
THE CLERK: ASSEMBLY NO. A08425, RULES REPORT
NO. 546, BURKE, TAYLOR, STIRPE, EPSTEIN, SIMON, AUBRY, GALEF,
ZEBROWSKI, MAGNARELLI, SILLITTI, HEVESI, BRAUNSTEIN, DICKENS,
GOTTFRIED, GLICK, MCMAHON, O'DONNELL, MCDONOUGH, JEAN-PIERRE,
OTIS. AN ACT TO AMEND THE EDUCATION LAW, IN RELATION TO REQUIRING
NONPUBLIC SCHOOLS TO FOLLOW THE SAME RULES AND REGULATIONS AS PUBLIC
SCHOOLS REGARDING A PUPIL WHO SUFFERS A CONCUSSION.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
BURKE, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JULY 1ST.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 973. 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. A08455-A, RULES
REPORT NO. 547, BYRNE. AN ACT TO AMEND THE HIGHWAY LAW, IN
RELATION TO DESIGNATING A PORTION OF THE STATE HIGHWAY SYSTEM AS THE
"PUTNAM VALLEY FIRST RESPONDERS BRIDGE."
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
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NYS ASSEMBLY JUNE 1, 2022
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 8455-A. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MS. WALSH TO EXPLAIN HER VOTE.
MS. WALSH: THANK YOU, MR. SPEAKER. YES, I
DEFINITELY WILL SUPPORT THIS PIECE OF LEGISLATION. I ALSO JUST WANTED TO
NOTE FOR MY COLLEAGUES THAT THIS IS OUR COLLEAGUE KEVIN BYRNE'S LAST BILL
DURING HIS TIME HERE IN THE NEW YORK STATE ASSEMBLY. KEVIN IS A
CLASSMATE OF MINE. WE BOTH CAME TO THE ASSEMBLY IN 2017. HE IS A
FRIEND AND HE HAS BEEN AN AMAZING COLLEAGUE IN THE CHAMBER AND AS
OUR HEALTH COMMITTEE RANKER. HE REALLY BROUGHT HIS EXPERIENCE AND
BACKGROUND IN EMERGENCY SERVICES, HIS RESPECT FOR THE FIRE SERVICE.
AND HE REALLY -- I -- I THINK HE JUST REALLY -- I'VE REALLY WATCHED HIM
GROW AS A LEGISLATOR AND I'M -- I'M VERY SAD THAT HE'S GOING TO BE
LEAVING US. BUT I'M SURE THAT HIS WIFE, BRIANA, AND SON WILL BE VERY
HAPPY TO HAVE HIM A LITTLE BIT CLOSER TO HOME IN THE COMING YEARS.
SO I JUST WANTED TO WISH HIM VERY WELL, AND OF COURSE
I'LL SUPPORT THIS BILL AS WELL. THANK YOU, MR. SPEAKER.
(APPLAUSE)
ACTING SPEAKER AUBRY: MR. BYRNE, IN MY
TIME YOU'VE BEEN THE FIRST TO EVER WEAR KILTS ON THE FLOOR.
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NYS ASSEMBLY JUNE 1, 2022
(LAUGHTER)
HOPEFULLY YOU WON'T BE THE LAST.
MR. BYRNE TO EXPLAIN HIS VOTE.
MR. BYRNE: WELL, I WASN'T SURE IF I WAS GOING TO
EXPLAIN MY VOTE, BUT NOW I WILL. THANK YOU TO OUR ASSISTANT MINORITY
LEADER PRO TEM FOR THOSE VERY KIND WORDS. A LITTLE BIT ABOUT THIS BILL,
IT'S FITTING THAT IT COULD BE ONE OF MY LAST BILLS OR THE LAST BILL. WHAT
WE'RE RENAMING IS AN OVERPASS, PUDDING STREET OVERPASS OVER THE
TACONIC STATE PARKWAY. AND A LOT OF OUR COLLEAGUES THAT COMMUTE UP
TO ALBANY OR DRIVE UP TO ALBANY, THIS WAS A VERY DANGEROUS
INTERSECTION ON THE TACONIC STATE PARKWAY WHERE WE ACTUALLY HAD A
SCHOOL BUS TRAVELING OVER THE TACONIC, STOPPING IN THE MEDIAN AND
THEN GOING BACK OVER THE NORTHBOUND. WE ACTUALLY HAD A TOWN HALL
FORUM. IT WAS BEFORE I WAS ELECTED AND I WAS PRESENT WITH MY
PREDECESSOR STEVE KATZ IN ATTENDANCE. SENATOR TERRY GIPSON WAS
THERE, TRYING TO ADVOCATE FOR THIS CAPITAL PROJECT TO HAPPEN. FORMER
CONGRESSMAN [SIC] SUE KELLY, WHO I INTERNED FOR MANY YEARS AGO,
BROUGHT BACK FEDERAL DOLLARS FOR THIS PROJECT. IT NEVER HAPPENED.
FINALLY, ABOUT FOUR YEARS AGO THE PROJECT MOVED. IT WAS A $28 MILLION
PROJECT, AND IT HAPPENED. THE -- THE OVERPASS OPENED UP ABOUT A YEAR
OR SO AGO. I MISSED THE GROUNDBREAKING, BUT HERE IN TIME TO AT LEAST
RENAME IT AFTER SOMEBODY. WE WERE INITIALLY TRYING TO DEDICATE IT AFTER
TWO PROMINENT PUTNAM VALLEY PEOPLE, JIM GORDON AND JOE MARRA,
BOTH FIRST RESPONDERS, BOTH U.S. SERVICE MEMBERS, BOTH PUBLIC SERVANTS
IN THE TOWN OF PUTNAM VALLEY, BUT WE HAD TO SHORTEN THE NAME. SO
137
NYS ASSEMBLY JUNE 1, 2022
WE DECIDED TO CONSOLIDATE IT AS PUTNAM VALLEY FIRST RESPONDERS
BECAUSE FEW PEOPLE KNOW MORE ABOUT HOW VALUED THAT BRIDGE IS THAN
THE FIRST RESPONDERS BECAUSE IT NOW CONNECTS THAT COMMUNITY
(INAUDIBLE) WITH THE REST OF PUTNAM VALLEY AND IT'S GOING TO BE A
TREMENDOUS ASSET. AND I WANT TO THANK ALL MY COLLEAGUES FOR
SUPPORTING IT. IT'S BEEN AN HONOR SERVING IN THE ASSEMBLY AND HAVING
ALL THE PRODUCTIVE DEBATES.
THANK YOU, MR. SPEAKER. I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. BYRNE IN THE
AFFIRMATIVE.
(APPLAUSE)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A08535-A, RULES
REPORT NO. 548, JENSEN, SEAWRIGHT. AN ACT TO AMEND THE HIGHWAY
LAW, IN RELATION TO DESIGNATING A PORTION OF THE STATE HIGHWAY SYSTEM
AS THE "SPECIALIST JASON HASENAUER MEMORIAL HIGHWAY."
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
JENSEN, 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 8681-A. THIS IS A FAST ROLL CALL. ANY MEMBER
138
NYS ASSEMBLY JUNE 1, 2022
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. A08549-C, RULES
REPORT NO. 549, BURDICK, GALLAGHER, MEEKS, SEAWRIGHT, SANTABARBARA,
ENGLEBRIGHT, J.M. GIGLIO, HEVESI, SAYEGH, LAWLER, WOERNER,
GONZÁLEZ-ROJAS, SILLITTI, STERN, RA, DESTEFANO, J.A. GIGLIO, SIMON,
EPSTEIN, MCDONALD. AN ACT TO AMEND THE STATE FINANCE LAW, IN
RELATION TO PREFERRED SOURCE STATUS FOR ENTITIES THAT PROVIDE EMPLOYMENT
TO CERTAIN PERSONS; AND PROVIDING FOR THE REPEAL OF CERTAIN PROVISIONS
UPON THE EXPIRATION THEREOF.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
BURDICK, 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 7578-C. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MR. BURDICK TO EXPLAIN HIS VOTE.
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NYS ASSEMBLY JUNE 1, 2022
MR. BURDICK: THANK YOU, MR. SPEAKER, TO EXPLAIN
MY VOTE. THIS BILL UPDATES A PROVISION IN THE NEW YORK STATE FINANCE
LAW KNOWN AS THE PREFERRED SOURCE PROGRAM WHICH PROVIDES THAT NEW
YORK STATE AGENCIES PROVIDE A PREFERENCE IN THE AWARD OF CONTRACTS TO
FIRMS THAT PROVIDE EMPLOYMENT FOR PEOPLE WITH DISABILITIES. THE BILL
UPDATES AND MODERNIZES THIS 45-YEAR-OLD TRADITION NOT JUST BY REPLACING
ARCHAIC TERMS, BUT BY ADJUSTING WORK RATIOS AND THRESHOLDS FOR REVIEW
TO MAKE IT EASIER BOTH FOR STATE AGENCIES AND FIRMS DOING BUSINESS WITH
THEM. THE BILL CAME ABOUT FROM TESTIMONY PRESENTED AT ASSEMBLY
HEARINGS LAST FALL ON BARRIERS TO EMPLOYMENT FOR PEOPLE WITH
DISABILITIES HELD BY THE LABOR COMMITTEE, THE COMMITTEE ON PEOPLE
WITH DISABILITIES AND THE SUBCOMMITTEE ON EMPLOYMENT OPPORTUNITIES
FOR PEOPLE WITH DISABILITIES, WHICH I HAVE THE HONOR OF CHAIRING. I'M
GRATEFUL FOR THE BIPARTISAN SUPPORT FOR THIS MEASURE AND THE HELP WHICH
STAFF PROVIDED IN SIGNIFICANTLY IMPROVING THE BILL. I ALSO WISH TO THANK
TOM ABINANTI, CHAIR OF THE COMMITTEE ON PEOPLE WITH DISABILITIES;
KEN ZEBROWSKI, CHAIR OF THE GOVERNMENT OPERATIONS COMMITTEE AND
STAFF, AND EACH -- EACH SECOND ALONG THE WAY THEY PITCHED IN. AND OF
COURSE, SPEAKER HEASTIE FOR ALLOWING THIS BILL TO COME TO THE FLOOR.
FINALLY, I WISH TO THANK MAUREEN O'BRIEN, THE EXECUTIVE DIRECTOR OF
THE NON-PROFIT NEW YORK STATE INDUSTRY [SIC] FOR THE DISABLED.
I VOTE IN THE AFFIRMATIVE. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
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NYS ASSEMBLY JUNE 1, 2022
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A08630-A, RULES
REPORT NO. 550, REYES, THIELE, FORREST. AN ACT TO AMEND THE
ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO PROHIBITING COSMETIC
PRODUCTS AND PERSONAL CARE PRODUCTS THAT CONTAIN MERCURY.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JULY 1, 2023.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 8630-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. A08681, RULES REPORT
NO. 551, CRUZ, JACKSON, DILAN BURGOS. AN ACT TO AMEND THE CRIMINAL
PROCEDURE LAW, IN RELATION TO RULES OF EVIDENCE CONCERNING THE
ADMISSIBILITY OF EVIDENCE OF A DEFENDANT'S CREATIVE EXPRESSION.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
CRUZ, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS ADVANCED
AND THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A09046-B, RULES
REPORT NO. 552, GALLAHAN. AN ACT TO AMEND THE HIGHWAY LAW, IN
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NYS ASSEMBLY JUNE 1, 2022
RELATION TO DESIGNATING A PORTION OF THE STATE HIGHWAY SYSTEM AS THE
"RALPH CALABRESE MEMORIAL HIGHWAY."
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
GALLAHAN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 8085-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. A09068-B, RULES
REPORT NO. 553, ANGELINO. AN ACT TO AMEND THE HIGHWAY LAW, IN
RELATION TO DESIGNATING A PORTION OF THE STATE HIGHWAY SYSTEM THE "1LT
STEPHEN H. DOANE MEMORIAL BRIDGE."
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
ANGELINO, 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
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NYS ASSEMBLY JUNE 1, 2022
THE VOTE ON SENATE PRINT 7903-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. A09099-A, RULES
REPORT NO. 554, CUSICK, SIMON. AN ACT TO AMEND THE SOCIAL SERVICES
LAW, IN RELATION TO PROVIDING FOR THE AUTOMATED IDENTIFICATION OF
AFFORDABILITY PROGRAM PARTICIPANTS.
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 9099-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. A09215, RULES REPORT
NO. 555, MCDONALD, ENGLEBRIGHT, BUTTENSCHON, LUPARDO, WOERNER,
SEAWRIGHT, THIELE, COLTON, GOTTFRIED, AUBRY, GALEF, SIMON, JACOBSON,
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NYS ASSEMBLY JUNE 1, 2022
GLICK, BRABENEC, J.A. GIGLIO, ANGELINO, BYRNE, SILLITTI, O'DONNELL,
STECK, FAHY, DICKENS. AN ACT TO AMEND THE CIVIL SERVICE LAW, IN
RELATION TO ENSURING IDENTICAL HEALTH BENEFITS FOR SKILLED NURSING CARE
FOR PUBLIC RETIREES.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
MCDONALD, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 8192. 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. A09255-A, RULES
REPORT NO. 556, LEMONDES. AN ACT TO AMEND CHAPTER 996 OF THE LAWS
OF 1965 RELATING TO INCORPORATING THE FAIRMOUNT VOLUNTEER EXEMPT
FIREMEN'S BENEVOLENT ASSOCIATION AND PROVIDING FOR ITS POWERS AND
DUTIES, IN RELATION TO ITS PURPOSE AND THE USE OF FOREIGN FIRE INSURANCE
PREMIUM TAXES.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
LEMONDES, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
144
NYS ASSEMBLY JUNE 1, 2022
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 8344-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. A09325, RULES REPORT
NO. 557, ABBATE, JONES, CUSICK, MCDONALD, WALLACE, ENGLEBRIGHT,
BURDICK, ROZIC, TAPIA, GRIFFIN, LAVINE, WOERNER, ZEBROWSKI,
BARNWELL, SILLITTI, GUNTHER, STERN, CYMBROWITZ, THIELE, SOLAGES, FAHY,
LUPARDO, CLARK, CONRAD, AUBRY, RAMOS, FALL, COLTON, BARRETT,
DESTEFANO, DURSO, PHEFFER AMATO, ABINANTI, DARLING, JEAN-PIERRE, J.A.
GIGLIO. AN ACT TO AMEND THE RETIREMENT AND SOCIAL SECURITY LAW, IN
RELATION TO ESTABLISHING A 20-YEAR RETIREMENT PLAN FOR MEMBERS OR
OFFICERS OF LAW ENFORCEMENT.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
ABBATE, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
145
NYS ASSEMBLY JUNE 1, 2022
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 8477. 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. A09326-A, RULES
REPORT NO. 558, SILLITTI. AN ACT IN RELATION TO AUTHORIZING THE COUNTY
OF NASSAU ASSESSOR TO ACCEPT AN APPLICATION FOR A REAL PROPERTY TAX
EXEMPTION FROM THE NASSAU CEMETERY ASSOCIATION.
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 9326-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. A09334-B, RULES
REPORT NO. 559, J.A. GIGLIO. AN ACT IN RELATION TO AUTHORIZING THE
146
NYS ASSEMBLY JUNE 1, 2022
COUNTY OF SUFFOLK TO TRANSFER OWNERSHIP OF CERTAIN PARKLAND TO THE
TOWN OF SOUTHOLD.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
GIGLIO, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. HOME RULE MESSAGE IS AT THE DESK.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 7739-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. A09335-B, RULES
REPORT NO. 560, FITZPATRICK. AN ACT AUTHORIZING THE COUNTY OF SUFFOLK
AND THE TOWN OF SMITHTOWN, LOCATED IN THE COUNTY OF SUFFOLK, TO
EXCHANGE CERTAIN PARKLANDS.
ACTING SPEAKER AUBRY: HOME RULE MESSAGE
IS AT THE DESK. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 9335-B. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
147
NYS ASSEMBLY JUNE 1, 2022
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER PHEFFER AMATO: ARE THERE
ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A09343-B, RULES
REPORT NO. 561, MAGNARELLI. AN ACT TO AMEND THE GENERAL BUSINESS
LAW, IN RELATION TO VEHICLE COST RECOVERY FEES.
ACTING SPEAKER PHEFFER AMATO: READ THE
LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 60TH
DAY.
ACTING SPEAKER PHEFFER AMATO: THE
CLERK WILL RECORD THE VOTE ON A9343-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 NUMBER PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MR. MONTESANO TO EXPLAIN HIS VOTE.
MR. MONTESANO: THANK YOU, MADAM SPEAKER,
TO EXPLAIN MY VOTE. IT'S JUST, YOU KNOW, ALWAYS BEING PRO-BUSINESS AND
UNDERSTANDING THE OVERHEADS AND COSTS THAT BUSINESSES HAVE,
SOMETIMES THEY NEED TO PASS THINGS OVER TO THE CONSUMER. AND THIS
148
NYS ASSEMBLY JUNE 1, 2022
PARTICULAR BILL ALLOWS NOW RENTAL CAR COMPANIES TO PASS ON TO THE
CONSUMER WHEN THEY CALCULATE ADDITIONAL PRICING FOR THE CAR, WHAT IT
COST THE CAR RENTAL AGENCY TO PAY FOR TITLE, REGISTRATION, INSPECTION, ET
CETERA, TO BE ADDITIONAL CHARGES. AND I THINK WHAT HAPPENS IS IN THE
CAR RENTAL AGENCIES, THEY HAVE ADVERTISED LOW PRICES, YOU KNOW, TO GET
THE CONSUMER TO COME IN AND RENT THE CAR, AND THEN THEY LAY ON TOP OF
THEM ALL THESE EXTRA CHARGES THAT INFLATES THE PRICE OF THE RENTAL, YOU
KNOW, AS SEPARATE AND APART FROM THE INITIAL RENTAL FEE.
I THINK IT'S A LITTLE BIT DECEPTIVE AND I THINK ALSO THAT
THESE RENTAL CAR COMPANIES HAVE TO INCUR THE COST OF DOING BUSINESS.
THEY BUY A NEW CAR, THEY PUT IT ON THE ROAD TO RENT OUT, THEY GOT TO PAY
FOR THE REGISTRATION AND EVERYTHING ELSE THAT GOES WITH IT. I DON'T THINK
IT NEEDS TO BE THE RENTER'S EXPENSE. IF THEY WANT TO PASS ON ALL THESE
EXPENSES TO THE RENTER, THEN IT SHOULD BE ALL INCLUDED INTO THE PRICE THAT
THEY ADVERTISE, YOU KNOW, FOR THE RENTAL OF THE CAR SO PEOPLE KNOW UP
FRONT WHAT IT'S COSTING THEM, AND THEN THEY COMPARE BETWEEN DIFFERENT
RENTAL CAR AGENCIES. SO LIKEWISE, I'LL BE VOTING IN THE NEGATIVE. THANK
YOU.
ACTING SPEAKER PHEFFER AMATO: READ THE
LAST SECTION -- I'M SORRY. I APOLOGIZE -- ARE THERE ANY OTHER VOTES?
ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A09418-A, RULES
REPORT NO. 562, CRUZ, FERNANDEZ, GONZÁLEZ-ROJAS, HEVESI, REYES,
149
NYS ASSEMBLY JUNE 1, 2022
QUART, EPSTEIN, FAHY, TAYLOR, SIMON, SOLAGES, GOTTFRIED, MCDONALD,
GLICK, L. ROSENTHAL, DE LOS SANTOS, FORREST, SEAWRIGHT. AN ACT TO
AMEND THE PUBLIC HEALTH LAW AND THE STATE FINANCE LAW, IN RELATION
TO ENACTING THE LORENA BORJAS TRANSGENDER AND GENDER NON-BINARY
(TGNB) WELLNESS AND EQUITY FUND.
ACTING SPEAKER PHEFFER AMATO: ON A
MOTION BY MS. CRUZ, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE
BILL IS ADVANCED. THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A09435, RULES -- RULES
REPORT NO. 563, SOLAGES, DARLING, ZINERMAN, AUBRY, DICKENS,
PRETLOW, WILLIAMS, WALKER, PEOPLES-STOKES, COOK, VANEL, HYNDMAN,
CAHILL, JEAN-PIERRE, BICHOTTE HERMELYN, TAYLOR, DILAN, JOYNER,
BENEDETTO, EPSTEIN, FRONTUS, REYES, NOLAN, O'DONNELL, CRUZ, JACKSON,
BURGOS, FORREST, ANDERSON, GONZÁLEZ-ROJAS, J. RIVERA, GIBBS, OTIS,
GALLAGHER, RAMOS, GOTTFRIED. AN ACT TO ACKNOWLEDGE THE FUNDAMENTAL
INJUSTICE, CRUELTY, BRUTALITY AND INHUMANITY OF SLAVERY IN THE CITY OF
NEW YORK AND THE STATE OF NEW YORK; TO ESTABLISH THE NEW YORK
STATE COMMUNITY COMMISSION ON REPARATIONS REMEDIES, TO EXAMINE
THE INSTITUTION OF SLAVERY, SUBSEQUENTLY DE JURE AND DE FACTO RACIAL AND
ECONOMIC DISCRIMINATION AGAINST AFRICAN-AMERICANS, AND THE IMPACT
OF THESE FORCES ON LIVING AFRICAN-AMERICANS AND TO MAKE
DETERMINATIONS REGARDING COMPENSATION; AND PROVIDING FOR THE REPEAL
OF SUCH PROVISIONS UPON EXPIRATION THEREOF.
ACTING SPEAKER PHEFFER AMATO: THE BILL
IS LAID ASIDE.
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NYS ASSEMBLY JUNE 1, 2022
THE CLERK: ASSEMBLY NO. A09456, RULES REPORT
NO. 564, MAGNARELLI, HUNTER. AN ACT TO AMEND THE PUBLIC AUTHORITIES
LAW, IN RELATION TO COMMUTER PASSES ON THE NEW YORK STATE THRUWAY
IN THE SYRACUSE AREA; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS
UPON EXPIRATION THEREOF.
ACTING SPEAKER PHEFFER AMATO: THE BILL
IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A09623, RULES REPORT
NO. 565, ABBATE, AUBRY. AN ACT TO AMEND THE RETIREMENT AND SOCIAL
SECURITY LAW, IN RELATION TO MODIFYING THE RETIREMENT PROGRAM FOR
TRIBOROUGH BRIDGE AND TUNNEL MEMBERS.
ACTING SPEAKER PHEFFER AMATO: READ THE
LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER PHEFFER AMATO: THE
CLERK WILL RECORD THE VOTE ON 9623. 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 PROVIDED --
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. A09756-A, RULES
REPORT NO. 566, JEAN-PIERRE. AN ACT IN RELATION TO ESTABLISHING THE
151
NYS ASSEMBLY JUNE 1, 2022
"WYANDANCH HEALTH AND WELLNESS CENTER DESIGN-BUILD ACT"; AND
PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION THEREOF.
ACTING SPEAKER PHEFFER AMATO: ON A
MOTION BY MS. JEAN-PIERRE, THE SENATE BILL IS BEFORE THE HOUSE. THE
SENATE BILL IS ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER PHEFFER AMATO: THE
CLERK -- THE CLERK WILL RECORD THE VOTE ON 9756-A. THIS -- AND SENATE
BILL S8531-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. A09893, RULES REPORT
NO. 567, MCDONALD. AN ACT IN RELATION TO PERMITTING THE OAKWOOD
COMMUNITY CENTER TO FILE AN APPLICATION FOR A REAL PROPERTY TAX
EXEMPTION.
ACTING SPEAKER PHEFFER AMATO: ON A
MOTION BY MR. MCDONALD, THE SENATE BILL IS BEFORE THE HOUSE. THE
SENATE BILL IS ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER PHEFFER AMATO: THE
CLERK WILL RECORD THE VOTE ON SENATE 8818. THIS IS A FAST ROLL CALL.
152
NYS ASSEMBLY JUNE 1, 2022
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. A09907-A, RULES
REPORT NO. 568, KELLES, MITAYNES, FAHY, ENGLEBRIGHT, OTIS. AN ACT TO
AMEND THE LOCAL FINANCE LAW, IN RELATION TO PROVIDING A PERIOD OF
PROBABLE USEFULNESS FOR BROADBAND AND RELATED TELECOMMUNICATIONS
INFRASTRUCTURE.
ACTING SPEAKER PHEFFER AMATO: READ THE
LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER PHEFFER AMATO: THE
CLERK WILL RECORD THE VOTE ON A9907 [SIC]. 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. A09968, RULES REPORT
153
NYS ASSEMBLY JUNE 1, 2022
NO. 569, PAULIN, ZINERMAN, OTIS. AN ACT TO AMEND CHAPTER 154 OF THE
LAWS OF 1921, RELATING TO THE PORT AUTHORITY OF NEW YORK AND NEW
JERSEY, IN RELATION TO THE OPERATION OF A YOUTH SERVICE UNIT WITHIN THE
PORT AUTHORITY POLICE DEPARTMENT.
ACTING SPEAKER PHEFFER AMATO: ON A
MOTION BY MS. PAULIN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE
BILL IS ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER PHEFFER AMATO: THE
CLERK WILL RECORD THE VOTE ON SENATE 8907. 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. A10002-A, RULES
REPORT NO. 570, DARLING. AN ACT IN RELATION TO AUTHORIZING THE VILLAGE
OF FREEPORT, COUNTY OF NASSAU, TO ALIENATE AND DISCONTINUE THE USE OF
CERTAIN PARKLANDS.
ACTING SPEAKER PHEFFER AMATO: HOME
RULE MESSAGE IS AT THE DESK. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER PHEFFER AMATO: THE
154
NYS ASSEMBLY JUNE 1, 2022
CLERK WILL RECORD THE VOTE ON 10002-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.)
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10028, RULES REPORT
NO. 571, PRETLOW. AN ACT TO AMEND THE RACING, PARI-MUTUEL WAGERING
AND BREEDING LAW, IN RELATION TO ALLOWING NEW YORK SIRE STAKES
ELIGIBILITY FOR FOALS SIRED BY NEW YORK STATE STALLIONS.
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 10028. 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. A10041-A, RULES
155
NYS ASSEMBLY JUNE 1, 2022
REPORT NO. 572, SILLITTI, RA. AN ACT TO AUTHORIZE THE VILLAGE OF
MINEOLA, COUNTY OF NASSAU, TO ALIENATE CERTAIN PARKLANDS FOR USE IN THE
VILLAGE OF MINEOLA PUBLIC WATER SUPPLY SYSTEM AND REPLACE SUCH
ALIENATED PARKLAND WITH A NEW, DEDICATED PARKLAND.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
SILLITTI, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. HOME RULE MESSAGE IS AT THE DESK. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 8895-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.)
MR. RA TO EXPLAIN HIS VOTE.
MR. RA: THANK -- THANK YOU, MR. SPEAKER. I JUST
QUICKLY WANT TO THANK THE SPONSOR FOR HER PARTNERSHIP IN -- IN GETTING
THIS DONE FOR THE VILLAGE OF MINEOLA, AS WELL AS OUR CHAIR OF LOCAL
GOVERNMENTS FOR THEIR ASSISTANCE. IT'S GOING TO HELP THE VILLAGE MOVE
FORWARD WITH A PROJECT, SO I'M GLAD IT'S GETTING DONE. I CAST MY VOTE IN
THE AFFIRMATIVE. THANK YOU.
ACTING SPEAKER AUBRY: MR. RA IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
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NYS ASSEMBLY JUNE 1, 2022
THE CLERK: ASSEMBLY NO. A10072, RULES REPORT
NO. 573, DICKENS, BICHOTTE HERMELYN. AN ACT TO AMEND THE INSURANCE
LAW, IN RELATION TO ESTABLISHING A CAPTIVE INSURANCE PROGRAM FOR
COMMUTER VANS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A10095, RULES REPORT
NO. 574, OTIS. AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW, IN
RELATION TO IMPLEMENTING A RESIDENTIAL PARKING SYSTEM IN THE CITY OF
RYE.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
OTIS, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS ADVANCED.
HOME RULE MESSAGE IS AT THE DESK. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 8939. 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. A10113, RULES REPORT
NO. 575, MCDONALD, FAHY. AN ACT TO AMEND THE REAL PROPERTY
ACTIONS AND PROCEEDINGS LAW, IN RELATION TO REQUIRING A PETITION IN A
SUMMARY PROCEEDING TO RECOVER POSSESSION OF REAL PROPERTY IN THE CITY
157
NYS ASSEMBLY JUNE 1, 2022
OF ALBANY TO ALLEGE PROOF OF COMPLIANCE WITH LOCAL LAWS REQUIRING
RENTAL RESIDENTIAL PROPERTY REGISTRATION AND LICENSURE.
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 A10113. 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. A10140, RULES REPORT
NO. 576, LUNSFORD. AN ACT TO AMEND THE MENTAL HYGIENE LAW, IN
RELATION TO REPLACING AN INSTANCE OF THE OFFICE OF ALCOHOLISM AND
SUBSTANCE ABUSE SERVICES WITH THE OFFICE OF ADDICTION SERVICES AND
SUPPORTS; AND TO AMEND CHAPTER 378 OF THE LAWS OF 2019 RELATING TO
CREATING A PUBLIC EDUCATION INITIATIVE DESIGNED TO ELIMINATE STIGMA AND
MISINFORMATION ABOUT MENTAL ILLNESS AND SUBSTANCE USE AMONG MILITARY
SERVICE MEMBERS, IN RELATION TO THE EFFECTIVENESS THEREOF.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
LUNSFORD, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
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NYS ASSEMBLY JUNE 1, 2022
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 9408. 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. A10168, RULES REPORT
NO. 577, COMMITTEE ON RULES (PRETLOW). AN ACT AUTHORIZING THE
ALIENATION OF CERTAIN PARKLANDS REQUIRED TO SUPPORT THE REDEVELOPMENT
OF THE HISTORIC GLENWOOD POWER PLANT, UNIQUELY LOCATED ON THE HUDSON
RIVER IN THE CITY OF YONKERS, WHICH SITE LACKS ANY LAND FOR PARKING,
AND WHICH PROJECT WAS CONTEMPLATED IN THE APPROVED MAY 2009 CITY
OF YONKERS ALEXANDER STREET MASTER PLAN WITH A NEW ROAD NETWORK
CONNECTING ALEXANDER STREET TO THE SOUTH PAST THE GLENWOOD POWER
PLANT THROUGH JOHN F. KENNEDY MARINA AND TREVOR PARK NORTH TO
PROVIDE INCREASED PUBLIC ACCESS TO THE HUDSON RIVER AND ENHANCE SAID
PARKS THROUGH THE DEVELOPMENT OF A NEW SUSTAINABLE RIVERFRONT,
TRANSIT-ORIENTED PROJECT BY ENHANCING THE EXISTING PARKS WITH NEW
AMENITIES; AND TO AMEND CHAPTER 125 OF THE LAWS OF 2013, RELATING
TO AUTHORIZING THE ALIENATION OF CERTAIN PARKLAND REQUIRED TO SUPPORT
THE REDEVELOPMENT OF THE HISTORIC GLENWOOD POWER PLANT, UNIQUELY
LOCATED ON THE HUDSON RIVER IN THE CITY OF YONKERS, WHICH SITE LACKS
159
NYS ASSEMBLY JUNE 1, 2022
ANY LAND FOR PARKING, AND WHICH PROJECT WAS CONTEMPLATED IN THE
APPROVED MAY 2009 CITY OF YONKERS ALEXANDER STREET MASTER PLAN
WITH A NEW ROAD NETWORK CONNECTING ALEXANDER STREET TO THE SOUTH
PAST THE GLENWOOD POWER PLANT THROUGH JOHN F. KENNEDY MARINA AND
TREVOR PARK NORTH TO PROVIDE INCREASED PUBLIC ACCESS TO THE HUDSON
RIVER AND ENHANCE SAID PARKS THROUGH THE DEVELOPMENT OF A NEW
SUSTAINABLE RIVERFRONT, TRANSIT-ORIENTED PROJECT BY ENHANCING THE
EXISTING PARKS WITH NEW AMENITIES, IN RELATION THERETO.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
PRETLOW, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. HOME RULE MESSAGE IS AT THE DESK. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 9111. 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. A10176, RULES REPORT
NO. 578, COMMITTEE ON RULES (THIELE). AN ACT TO AMEND THE
ALCOHOLIC BEVERAGE CONTROL LAW, IN RELATION TO LICENSES TO SELL LIQUOR
AT OFF-PREMISES CATERING ESTABLISHMENTS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
160
NYS ASSEMBLY JUNE 1, 2022
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 10176. 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. A10205, RULES REPORT
NO. 579, COMMITTEE ON RULES (GALEF). AN ACT TO AMEND THE TAX LAW,
IN RELATION TO PERMITTING THE VILLAGE OF COLD SPRING TO IMPOSE A HOTEL
AND MOTEL TAX; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON
EXPIRATION THEREOF.
ACTING SPEAKER AUBRY: HOME RULE MESSAGE
IS AT THE DESK. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 10205. 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.)
MRS. PEOPLES-STOKES.
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NYS ASSEMBLY JUNE 1, 2022
MRS. PEOPLES-STOKES: MR. SPEAKER, WE HAVE A
FEW EXCEPTIONS: MS. MCMAHON, MR. BARNWELL, MR. STIRPE, MS.
BARNETT [SIC], AND MR. RAMOS.
ACTING SPEAKER AUBRY: SO NOTED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD MY
COLLEAGUE MR. REILLY IN THE NEGATIVE. THANK YOU.
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. A10216-A, RULES
REPORT NO. 580, COMMITTEE ON RULES (PAULIN, DINOWITZ, ENGLEBRIGHT,
BURDICK, ABINANTI, CUSICK, TAYLOR, FALL, GLICK, QUART, FERNANDEZ,
NIOU, BURGOS, REILLY, SAYEGH, SEAWRIGHT, CARROLL, JEAN-PIERRE,
DICKENS, REYES, AUBRY, EPSTEIN, SILLITTI, JOYNER, L. ROSENTHAL, J. D.
RIVERA, JACOBSON, SEPTIMO, THIELE, CLARK, BUTTENSCHON, MCDONALD,
MCMAHON, STERN, PRETLOW, RAMOS, VANEL, J. RIVERA, ROZIC, OTIS,
DURSO, MORINELLO, GONZÁLEZ-ROJAS, TANNOUSIS, DESTEFANO, GRIFFIN,
SOLAGES, WOERNER, GALEF, MIKULIN, BURKE, BRONSON, GALLAGHER, CRUZ,
FORREST, SIMON, LUPARDO, HYNDMAN, LAVINE, GANDOLFO, SMITH, COOK,
MCDONOUGH). AN ACT TO AMEND THE PUBLIC SERVICE LAW, IN RELATION TO
PROTECTING COLLECTIVE BARGAINING AGREEMENTS BETWEEN PUBLIC SERVICE
COMPANIES AND THEIR EMPLOYEES.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
162
NYS ASSEMBLY JUNE 1, 2022
PAULIN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 8919. 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. A10244, RULES REPORT
NO. 581, COMMITTEE ON RULES (J. D. RIVERA). AN ACT TO AMEND THE
ALCOHOLIC BEVERAGE CONTROL LAW, IN RELATION TO A LICENSE TO SELL LIQUOR
AT RETAIL FOR CONSUMPTION ON CERTAIN PREMISES.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
RIVERA, 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 9371. 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.
163
NYS ASSEMBLY JUNE 1, 2022
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10271, RULES REPORT
NO. 582, COMMITTEE ON RULES (WOERNER). AN ACT TO AMEND THE PRIVATE
HOUSING FINANCE LAW, IN RELATION TO INCREASING THE TIMELINE FOR
COMPLETION AND AMOUNT SPENT ON EMERGENCY HOME REPAIRS FOR
LOW-MODERATE INCOME SENIOR CITIZENS THROUGH THE RESTORE PROGRAM.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 10271. 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. A10280, RULES REPORT
NO. 583, COMMITTEE ON RULES (STERN). AN ACT IN RELATION TO
ESTABLISHING A CAUMSETT STATE PARK FIRE READINESS STUDY.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
STERN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
164
NYS ASSEMBLY JUNE 1, 2022
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 9019. 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. A10393, RULES REPORT
NO. 584, COMMITTEE ON RULES (CAHILL). AN ACT TO AMEND THE
NAVIGATION LAW, IN RELATION TO HUDSON RIVER PILOTAGE FEES.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
CAHILL, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST,
2023.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 9128-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. A10427, RULES REPORT
165
NYS ASSEMBLY JUNE 1, 2022
NO. 545, COMMITTEE ON RULES (PAULIN, GALEF, BURDICK, SAYEGH,
ABINANTI, OTIS). AN ACT TO AMEND THE JUDICIARY LAW, IN RELATION TO
RESIDENCY REQUIREMENTS FOR STENOGRAPHERS IN THE COUNTY OF
WESTCHESTER.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
PAULIN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 8985. 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. LAWLER TO EXPLAIN HIS VOTE.
MR. LAWLER: THANK YOU, MR. SPEAKER. SEEING THE
WORD "STENOGRAPHER" SEEMS LIKE A VERY APPROPRIATE TIME TO THANK OUR
TWO STENOGRAPHERS WHO DO A GREAT JOB DAY IN, DAY OUT, KEEPING TRACK OF
ALL THE WONDERFUL THINGS THAT WE SAY ON THE FLOOR OF THE NEW YORK
STATE ASSEMBLY. SEEMS VERY RELEVANT TO THE BILL, SO I JUST WANTED TO
TAKE THE OPPORTUNITY TO THANK OUR STENOGRAPHERS FOR ALL OF THEIR HARD
WORK.
(APPLAUSE)
ACTING SPEAKER AUBRY: AND YOU MAY DELETE
ANY OF MR. LAWLER'S STATEMENTS AT YOUR WILL.
(LAUGHTER)
166
NYS ASSEMBLY JUNE 1, 2022
MR. GOODELL.
MR. GOODELL: PRESUMABLY THE TRANSCRIPT WILL SAY
RAUCOUS, STANDING OVATION.
ACTING SPEAKER AUBRY: NO DOUBT. DESERVED
OVATION, TOO.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10440, RULES REPORT
NO. 586, COMMITTEE ON RULES (BRAUNSTEIN, PHEFFER AMATO). AN ACT TO
AMEND THE REAL PROPERTY TAX LAW, IN RELATION TO A REBATE AGAINST REAL
PROPERTY TAXES FOR CERTAIN OWNERS OF REAL PROPERTY IN THE CITY OF NEW
YORK FOR THE FISCAL YEAR COMMENCING ON THE 1ST OF JULY, 2021.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
BRAUNSTEIN, 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 9399. 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.
167
NYS ASSEMBLY JUNE 1, 2022
THE CLERK: ASSEMBLY NO. A10442, RULES REPORT
NO. 587, COMMITTEE ON RULES (WEPRIN). AN ACT TO AMEND THE REAL
PROPERTY TAX LAW, IN RELATION TO THE DETERMINATION OF ADJUSTED BASE
PROPORTIONS IN SPECIAL ASSESSING UNITS WHICH ARE CITIES.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 9372. 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. A10444, RULES REPORT
NO. 588, COMMITTEE ON RULES (QUART). AN ACT TO AMEND CHAPTER 538
OF THE LAWS OF 2013, AMENDING THE TAX LAW RELATING TO THE ESTATE TAX
TREATMENT OF DISPOSITIONS TO SURVIVING SPOUSES WHO ARE NOT UNITED
STATES CITIZENS, IN RELATION TO EXTENDING THE EXPIRATION OF THE PROVISIONS
THEREOF.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
QUART, 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 9398. THIS IS A FAST ROLL CALL. ANY MEMBER
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NYS ASSEMBLY JUNE 1, 2022
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. A10450, RULES REPORT
NO. 589, COMMITTEE ON RULES (FAHY). AN ACT TO AMEND THE EXECUTIVE
LAW, IN RELATION TO THE PURCHASE OR LEASE OF ZERO EMISSION VEHICLES FOR
STATE-OWNED VEHICLE FLEETS.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
FAHY, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS ADVANCED
AND THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A10455, RULES REPORT
NO. 590, COMMITTEE ON RULES (BARRETT). AN ACT TO AMEND THE
ALCOHOLIC BEVERAGE CONTROL LAW, IN RELATION TO AUTHORIZING THE
MANUFACTURE OF BEER, SPIRITS, CIDER, WINE AND MEAD AT THE CULINARY
INSTITUTE OF AMERICA; AND TO REPEAL CERTAIN PROVISIONS OF SUCH LAW
RELATING THERETO.
ACTING SPEAKER AUBRY: ON A MOTION BY MRS.
BARRETT, 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 8989-A. THIS IS A FAST ROLL CALL. ANY MEMBER
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NYS ASSEMBLY JUNE 1, 2022
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. A10459, RULES REPORT
NO. 591, COMMITTEE ON RULES (BICHOTTE-HERMELYN). AN ACT TO AMEND
THE NEW YORK CITY CHARTER, IN RELATION TO OPPORTUNITIES FOR BUSINESSES
OWNED BY WOMEN AND MINORITIES.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
BICHOTTE-HERMELYN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE
BILL IS ADVANCED AND THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A10461, RULES REPORT
NO. 592, COMMITTEE ON RULES (DINOWITZ, WEPRIN). AN ACT TO AMEND
THE NEW YORK CITY CIVIL COURT ACT, IN RELATION TO MONETARY
JURISDICTIONAL LIMITS.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
DINOWITZ, 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 9377. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
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NYS ASSEMBLY JUNE 1, 2022
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A10470, RULES REPORT
NO. 593, COMMITTEE ON RULES (DINOWITZ). AN ACT TO AMEND THE
JUDICIARY LAW, IN RELATION TO MAKING TECHNICAL CHANGES TO PROVISIONS
PROVIDING FOR CERTIFICATION FOR SERVICE AS A RETIRED JUDGE OF THE COURT OF
APPEALS OR A RETIRED JUSTICE OF THE SUPREME COURT.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
DINOWITZ, 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 9341. 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. A10476, RULES REPORT
NO. 594, COMMITTEE ON RULES (MCMAHON). AN ACT TO AMEND THE
SOCIAL SERVICES LAW, IN RELATION TO MEDICAL ASSISTANCE TO CERTAIN
DISABLED INDIVIDUALS.
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NYS ASSEMBLY JUNE 1, 2022
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 10476. 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. A10491, RULES REPORT
NO. 595, COMMITTEE ON RULES (COOK). AN ACT TO AMEND THE PENAL
LAW, IN RELATION TO ASSAULTS UPON CERTAIN EMPLOYEES OF A TRANSIT AGENCY
OR AUTHORITY.
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 10491. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
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(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A09193-B, CALENDAR
NO. 560, ROZIC. AN ACT TO AMEND THE GENERAL BUSINESS LAW, IN
RELATION TO FRAUD IN CONNECTION WITH AN ABNORMAL DISRUPTION OF THE
MARKET.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
ROZIC, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
AN EXPLANATION IS REQUESTED, MS. ROZIC.
MS. ROZIC: THANK YOU, MR. SPEAKER. THIS BILL
AMENDS THE GENERAL BUSINESS LAW, AND THE GENERAL BUSINESS LAW'S
349 NEW YORK'S DECEPTIVE ACTS LAW, PROTECT CONSUMERS AND OTHERS
FROM DECEPTIVE ACTS AND PRACTICES. IT'S ONE OF THE STATES'S PRIMARY AND
MOST-OFTEN USED CONSUMER PROTECTION LAWS. UNLIKE THE PRICE GOUGING
LAW, WHICH IS GENERAL BUSINESS LAW SECTION 396R, THE DECEPTIVE ACTS
LAW DOES NOT TREAT DECEPTIVE CONDUCT DIFFERENTLY IF IT IS DONE DURING A
TIME OF EMERGENCY, AND WE HAVE SEEN DURING THIS PANDEMIC -- OR WE
SAW DURING THIS PANDEMIC UNSCRUPULOUS BUSINESSES TRYING TO TAKE
ADVANTAGE OF CONSUMERS OR OTHER BUSINESSES BECAUSE OF THE DIFFICULT
ECONOMIC AND PUBLIC HEALTH CIRCUMSTANCES. BUT THE STATE DOES NOT
HAVE THE AUTHORITY TO IMPOSE ELEVATED FINES ASSOCIATED WITH THE PRICE
GOUGING LAW, SO THIS BILL WILL CHANGE THAT. IT HELPS ENSURE THAT ANY
BUSINESS THAT ENGAGES IN DECEPTIVE CONDUCT DURING A TIME OF
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EMERGENCY WILL BE SUBJECT TO STRONGER PENALTIES, SIMILAR TO THE STATE'S
PRICE GOUGING LAW, AND THE PENALTY WILL BE UP TO 15,000 PER VIOLATION,
OR THREE TIMES THE ACTUAL RESTITUTION NEEDED, WHICHEVER IS GREATER. IT
ALSO GIVES THE ATTORNEY GENERAL AUTHORITY TO MAKE REGULATIONS
REASONABLY NECESSARY TO IMPLEMENT THIS ACT.
ACTING SPEAKER AUBRY: MR. MIKULIN.
MR. MIKULIN: THANK YOU. WILL THE SPONSOR YIELD?
ACTING SPEAKER AUBRY: MS. ROZIC WILL YIELD.
MS. ROZIC: YES.
MR. MIKULIN: JUST A FEW VERY SHORT QUESTIONS HERE.
FIRST, WE TALK ABOUT ABNORMAL CHANGES IN -- OR DISRUPTION OF THE
MARKET. CAN YOU EXPLAIN THAT FURTHER?
MS. ROZIC: SURE. SO FOR THE PURPOSE OF THIS BILL,
THE PHRASE "ABNORMAL DISRUPTION OF THE MARKET" AS DEFINED IN THE BILL
SHALL MEAN ANY CHANGE IN THE MARKET, WHETHER ACTUAL OR IMMINENTLY
THREATENED RESULTING FROM STRESS OF WEATHER, CONVULSION OF NATURE,
FAILURE OR SHORTAGE OF ELECTRIC POWER OR OTHER SOURCE OF ENERGY, STRIKE,
CIVIL DISORDER, WAR, MILITARY ACTION, NATIONAL OR LOCAL EMERGENCY, OR
OTHER CAUSE OF AN ABNORMAL DISRUPTION OF THE MARKET WHICH RESULTS IN
THE DECLARATION OF A STATE OF EMERGENCY BY THE GOVERNOR. IT IS SIMILARLY
REFLECTIVE OF THE PRICE GOUGING LAW.
MR. MIKULIN: AND WHEN WE TALK ABOUT STATE OF
EMERGENCY, WHAT SPECIFICALLY -- COULD IT BE A LOCAL EMERGENCY AS WELL,
OR WOULD THAT JUST APPLY TO THE LOCAL LOCALITY?
MS. ROZIC: THIS BILL JUST SAYS THAT THE DECLARATION
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OF A STATE OF EMERGENCY BY THE GOVERNOR.
MR. MIKULIN: OKAY. AND WHEN WE TALK ABOUT
STATE OF EMERGENCY, WE'RE TALKING ABOUT THE PANDEMIC, CORRECT?
MS. ROZIC: A PANDEMIC WOULD BE INCLUDED IN THAT.
MR. MIKULIN: SO ISN'T IT TRUE THAT WE'RE IN A STATE
OF EMERGENCY RIGHT NOW BECAUSE OF THE PANDEMIC?
MS. ROZIC: AS LONG AS THE GOVERNOR HAS DECLARED IT
A STATE OF EMERGENCY, IT WOULD BE COVERED BY THIS.
MR. MIKULIN: SO WE COULD PARTICULARLY HAVE A
CONTINUED STATE OF EMERGENCY IN THIS STATE, CORRECT?
MS. ROZIC: SAY THAT A LITTLE LOUDER, I COULDN'T HEAR
YOU.
MR. MIKULIN: WE COULD HAVE A CONTINUED STATE OF
EMERGENCY THEN?
MS. ROZIC: WE ARE STILL CURRENTLY IN A STATE OF
EMERGENCY ACCORDING TO THE GOVERNOR.
MR. MIKULIN: WITH -- ACCORDING TO -- WITH ALMOST
NO MEANS TO -- WE DON'T KNOW WHEN THIS IS EVEN GOING TO END, THIS
COULD GO ON FOR YEARS.
MS. ROZIC: THAT'S NOT UP TO ME. THAT'S NOT SPOKEN
FOR IN THIS BILL, BUT I CAN TELL YOU WITHOUT AN ACTIVELY DECLARED STATE OF
EMERGENCY, THERE WOULD BE NO ABNORMAL DISRUPTION IN THE MARKET
REQUIRED TO TRIGGER THE BILL.
MR. MIKULIN: THANK YOU SO VERY MUCH.
ON THE BILL.
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NYS ASSEMBLY JUNE 1, 2022
ACTING SPEAKER GIBBS: ON THE BILL.
MR. MIKULIN: I THINK THIS BILL IS VERY
WELL-INTENTIONED, BUT UNFORTUNATELY AS WE'VE SEEN OVER THE PAST TWO
YEARS, WE ARE IN A CONTINUED STATE OF EMERGENCY, ESPECIALLY WHEN IT
COMES DOWN TO COVID. NOW, IN THE BEGINNING THERE WAS MORE OF A
DISRUPTION OF THE MARKET AS WE ALL SAW, BUT NOW WE HAVE COME TO A
SINCE OF NORMALCY AND I DO BELIEVE THAT THIS IS GIVING TOO MUCH POWER
TO THE GOVERNOR AND FOR THAT REASON, I'M GOING TO BE IN THE NEGATIVE
AND I HOPE MY COLLEAGUES DO THE SAME. THANK YOU.
ACTING SPEAKER GIBBS: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 30TH
DAY.
ACTING SPEAKER GIBBS: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY BILL -- - EXCUSE ME, SENATE BILL 4954-C. THIS IS
A PARTY VOTE. ANY MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION
TO THE CONFERENCE POSITION IS REMINDED TO CONTACT THE MAJORITY OR
MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. THE
REPUBLICAN CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION. THOSE
WHO SUPPORT IT ARE CERTAINLY ENCOURAGED TO VOTE YES ON THE FLOOR OR BY
CONTACTING THE MINORITY LEADER'S OFFICE. THANK YOU.
ACTING SPEAKER GIBBS: MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, SIR. THE
MAJORITY CONFERENCE IS GOING TO BE IN FAVOR OF THIS PIECE OF LEGISLATION;
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NYS ASSEMBLY JUNE 1, 2022
HOWEVER, THERE MAY BE A FEW THAT WOULD LIKE TO BE AN EXCEPTION. THEY
SHOULD FEEL FREE TO CONTACT THE MAJORITY LEADER'S OFFICE, WE WILL MAKE
SURE THEIR VOTE IS PROPERLY RECORDED. THANK YOU, SIR.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER GIBBS: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 8, RULES REPORT NO. 270, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A10188-A, RULES
REPORT NO. 270, COMMITTEE ON RULES (PHEFFER AMATO). AN ACT TO
AMEND THE ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO THE FILLING
OF BORROW PITS IN JAMAICA BAY; TO AMEND CHAPTER 288 OF THE LAWS OF
2014 AMENDING THE ENVIRONMENTAL CONSERVATION LAW RELATING TO THE
FILLING OF BORROW PITS IN JAMAICA BAY, IN RELATION TO MAKING THE
PROVISIONS OF SUCH CHAPTER PERMANENT; IN RELATION TO DIRECTING THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO CONDUCT A STUDY ON
ECOLOGICAL RESTORATION NEEDS IN JAMAICA BAY; AND PROVIDING FOR THE
REPEAL OF CERTAIN PROVISIONS UPON EXPIRATION THEREOF.
ACTING SPEAKER GIBBS: ON A MOTION BY THE
SENATE BILL IS BEFORE THE HOUSE -- OH. ON BEHALF OF MEMBER PHEFFER
AMATO, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. AN EXPLANATION HAS BEEN REQUESTED.
MS. PHEFFER AMATO: THANK YOU, MR. SPEAKER.
THIS BILL WILL RAISE THE STANDARDS OF FILL THAT IS PUT INTO JAMAICA BAY, AN
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NYS ASSEMBLY JUNE 1, 2022
18,000 SQUARE ACRE OF BEAUTIFUL NATURAL RESOURCES LOCATED WITHIN MY
COMMUNITY.
ACTING SPEAKER GIBBS: MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD
THE SPONSOR YIELD?
ACTING SPEAKER GIBBS: WILL THE SPONSOR
YIELD?
MS. PHEFFER AMATO: ABSOLUTELY.
ACTING SPEAKER GIBBS: THE SPONSOR YIELDS,
SIR.
MR. GOODELL: THANK YOU VERY MUCH. I SEE THAT
THIS BILL HAS BEEN VETOED SEVERAL TIMES -- PASSED THIS ASSEMBLY SEVERAL
TIMES AND BEEN VETOED BY THE GOVERNOR SEVERAL TIMES, INCLUDING IN
2014, '16, LOOKS LIKE '18 AND '20. HAS THE LANGUAGE OF THE BILL BEEN
AMENDED OR HAVE THE GOVERNOR'S CONCERNS BEEN ADDRESSED?
MS. PHEFFER AMATO: THE BILL HAS BEEN AMENDED
FROM THE TIMES IT WAS VETOED. IT'S ACTUALLY HAVING A SUNSET, IT WOULD
EXPIRE AT THE END OF THIS MONTH, AND WE HAVE AMENDED THE BILL TO
INCLUDE A STUDY TO LOOK AT LONG-TERM PLANS FOR THE JAMAICA BAY AREA, IN
ADDITION TO RAISING THE LEVEL OF CHECKING ON THE CONTAMINANTS THAT
WOULD BE IN THE FILL THAT GOES INTO THE BORROW PITS.
MR. GOODELL: AND AM I CORRECT THAT UNDER THE
CURRENT VERSION --
MS. PHEFFER AMATO: I'M SORRY, CAN YOU...
MR. GOODELL: AM I CORRECT THAT UNDER THE CURRENT
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VERSION IF THE DREDGED MATERIAL TESTS RELATIVELY CLEAN THAT IT WOULD
QUALIFY FOR UNLIMITED OCEAN DEPOSITION, DOESN'T HAVE ANY HIGH LEVELS OF
CONTAMINATION AND WOULDN'T CAUSE ANY SHORT-TERM OR LONG-TERM
POLLUTION ISSUES IT CAN BE USED; IS THAT CORRECT?
MS. PHEFFER-AMATO: CORRECT. IN THE LAST 100
YEARS, THE BAY, WITH ITS LOCAL STEWARDS, HAVE MADE THE WATERS IN THE
BAY THE CLEANEST IT'S BEEN IN 100 YEARS. WE'VE ACTUALLY HAD OUR FIRST
SEAL THIS YEAR. SO YOU KNOW, IT'S A WETLAND, IT'S GROWING, IT'S VIBRANT,
IT'S AN ECONOMICAL ENGINE FOR OUR COMMUNITY, AND THE GOAL IS TO MAKE
IT AS CLEAN AS POSSIBLE. WE UNDERSTAND THERE COULD BE BORROW PITS AND
THEY DO PUT DREDGE IN, BUT WE WANT THE HIGHEST LEVEL OF TESTING FOR THE
LEAST AMOUNT OF CONTAMINANTS.
MR. GOODELL: THANK YOU VERY MUCH, AND I
APPRECIATE THOSE CLARIFICATIONS.
ON THE BILL, SIR.
ACTING SPEAKER GIBBS: ON THE BILL.
MR. GOODELL: THANK YOU. AS IS OFTEN THE CASE
WITH LEGISLATION THAT WE ADDRESS HERE IN THE HOUSE, WE'RE DOING A
BALANCING ACT. THE JAMAICA BAY AREA FROM TIME TO TIME NEEDS TO BE
DREDGED FOR NAVIGATIONAL PURPOSES, AND THERE ARE SOME DEEP PITS IN
JAMAICA BAY THAT WERE CREATED A LONG TIME AGO WHEN PEOPLE TOOK FILL
MATERIAL OUT OF THE BAY AND USED IT ON LAND. IT'S MUCH LESS EXPENSIVE
TO USE THE DREDGED MATERIAL THAT'S NEARBY TO FILL THOSE PITS SOME THAN IT
IS TO TAKE IT OUT INTO THE OCEAN. AND SO IF YOU'RE ONLY LOOKING AT THE
COST OF THE DREDGING TO MAINTAIN NAVIGATION, YOU'D SAY, WELL, LET'S FILL IN
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NYS ASSEMBLY JUNE 1, 2022
THESE PITS THAT ARE NEARBY.
THE SPONSOR CORRECTLY, I BELIEVE, STRIKES THE RIGHT
BALANCE BY SAYING, YEAH, YOU CAN DO THAT, BUT YOU FIRST HAVE TO
ESTABLISH THAT THE DREDGED MATERIALS WE'RE PUTTING IN THERE MEET
ENVIRONMENTAL STANDARDS, ARE NOT HIGHLY TOXIC, WON'T CAUSE EITHER
SHORT-TERM OR LONG-TERM ENVIRONMENTAL ISSUES. AND SO I THINK IT'S THE
RIGHT BALANCE AND FOR THAT REASON, I WOULD RECOMMEND IT TO MY
COLLEAGUES, AND I WOULD ALSO RECOMMEND IT TO THE GOVERNOR. THANK
YOU.
ACTING SPEAKER GIBBS: MS. PHEFFER AMATO.
MS. PHEFFER AMATO: ON THE BILL.
ACTING SPEAKER GIBBS: ON THE BILL.
MS. PHEFFER AMATO: JAMAICA BAY IS AN 18,000
THOUSAND ACRE WETLAND ESTUARY SURROUNDED BY THE ROCKAWAY
PENINSULA; TO THE SOUTH, BROOKLYN -- AND SOUTH TO BROOKLYN AND
QUEENS TO THE EAST. IT IS A BEAUTIFUL JEWEL OF NEW YORK CITY. YOU
HAVE TO -- YOU HAVE TO COME SEE WHAT IT LOOKS LIKE. IT HAS, YOU KNOW,
WATER SPORTS, FAMILIES, FISH LIFE IS GOING, THERE'S DIVING IN THE WATER, IT'S
JUST BEAUTIFUL. UNFORTUNATELY, PREVIOUS ADMINISTRATIONS HAVE NOT
RECOGNIZED THE FACT THAT WE MUST PRESERVE OUR NATURAL HABITATS, THAT WE
MUST PRESERVE AREAS IN OUR COMMUNITIES THAT WE ALLOW DUMPING FOR
AND TO A REASON. AND THANK YOU TO MY COLLEAGUE FOR POINTING OUT THE
BALANCE THAT WE NEED TO HAVE.
BUT AFTER ALL, IN THIS STATE WE'VE INVESTED SO MUCH
MONEY TO MAKE OUR WATERS CLEAN THAT IN OUR LOCAL COMMUNITIES, WE
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NYS ASSEMBLY JUNE 1, 2022
HAVE TO ACKNOWLEDGE THAT THE WORK THAT WE'VE DONE AS LOCAL
ENVIRONMENTALISTS, STEWARDS OF OUR OWN BACKYARDS, THAT THE STATE HAS
TO RECOGNIZE THAT WE HAVE TO LIMIT THE AMOUNT OF CONTAMINANTS THAT ARE
LITERALLY IN OUR BACKYARD. SO I WANT TO THANK YOU FOR THE OPPORTUNITY TO
SPEAK ON THIS BILL AND ASK EVERYONE FOR THEIR SUPPORT. THANK YOU.
ACTING SPEAKER GIBBS: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER GIBBS: THE CLERK WILL RECORD
THE VOTE ON SENATE 886 -- EXCUSE ME, 8816-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. ENGLEBRIGHT TO EXPLAIN HER VOTE.
MR. ENGLEBRIGHT: THANK YOU, MR. SPEAKER. I
WANT TO COMMEND THE SPONSOR. JAMAICA BAY IS THE LARGEST OF ALL OF THE
SEMI-RESTRICTED BAYS AROUND LONG ISLAND. IT WAS THE ORIGINAL
SETTLEMENT OF LONG ISLAND BY THE DUTCH WHO LOOKED AT IT AND SAW THE
BEAUTIFUL MARSHES THERE AND SAID THIS IS JUST LIKE WHERE WE CAME FROM
IN HOLLAND IN THE 1600S. UNFORTUNATELY IN THE EARLY PART OF THE LAST
CENTURY, JAMAICA BAY WAS JUST SPOILED BY DREDGE AND FILL OPERATIONS.
WE LOST 25,000 ACRES OF FRINGING MARSH. MUCH OF THAT WAS DUE TO
EXTRACTION FROM THE BAY BOTTOM AND PLACED THE SEDIMENTS UPON THE
LIVING MARSH.
THIS MEASURE IS VERY THOUGHTFUL. IT WILL IMPROVE THE
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NYS ASSEMBLY JUNE 1, 2022
WATER CHEMISTRY OF THE HARBOR. THE MAIN REASON FOR THAT IS THAT THE
DEEP BORROW PITS WILL BE LEVELED. THE ANOXIC CONDITIONS AT THE BOTTOM
OF THE PITS WILL BE REMOVED, AND THE RESIDENT'S TIME OF POLLUTANTS
ENTERING THE ESTUARY WILL BE REDUCED. THIS IS A VERY WISE AND
THOUGHTFUL MEASURE. IT'S GOOD FOR THE ENVIRONMENT, IT'S GOOD FOR THE
PEOPLE OF THE CITY OF NEW YORK WHO ARE THE MAIN CONSTITUENTS WHO
WILL BE BENEFITTING. I CONGRATULATE, AGAIN, THE SPONSOR, AND I VOTE AYE.
ACTING SPEAKER GIBBS: MR. ENGLEBRIGHT IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 10, RULES REPORT NO. 313, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A07865-A, RULES
REPORT NO. 313, FAHY, WALLACE, OTIS, GRIFFIN, SILLITTI, LUPARDO,
MCDONALD, PAULIN, O'DONNELL, JACOBSON, WOERNER, ABINANTI, STIRPE,
MCMAHON, LUNSFORD, THIELE, ZEBROWSKI, CONRAD, BURDICK, CARROLL,
GLICK, SOLAGES, L. ROSENTHAL, STERN, RAMOS, CYMBROWITZ. AN ACT TO
AMEND THE GENERAL BUSINESS LAW, IN RELATION TO REQUIRING SOCIAL MEDIA
NETWORKS TO PROVIDE AND MAINTAIN MECHANISMS FOR REPORTING HATEFUL
CONDUCT ON THEIR PLATFORM.
ACTING SPEAKER GIBBS: AN EXPLANATION HAS
BEEN REQUESTED.
MS. FAHY: ON THE BILL, MR. SPEAKER, IS IN 7865,
AGAIN, AND THIS IS A BILL THAT WOULD -- ACTUALLY ORIGINATED A YEAR AGO
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NYS ASSEMBLY JUNE 1, 2022
AFTER THE INSURRECTION IN THE CAPITOL AND GIVEN A NUMBER OF ISSUES WITH
THE SOCIAL MEDIA NETWORKS AND THE PROBLEMS THAT WE HAVE SEEN WITH
PEOPLE CONDUCT AND VIOLENCE BEING PORTRAYED AND POSTED ON SOCIAL
MEDIA. IT WOULD NOW -- THIS BILL WOULD REQUIRE A CLEAR AND CONCISE
POLICY REGARDING HOW SOCIAL MEDIA PLATFORMS OR NETWORKS WOULD
RESPOND TO INCIDENCES OF HATEFUL CONDUCT ON THEIR PLATFORMS, AS WELL AS
HAVE THEM -- REQUIRE THEM TO MAINTAIN AN EASILY ACCESSIBLE MECHANISM
FOR REPORTING THAT CONDUCT ON THE PLATFORMS. IT DOESN'T TELL THEM HOW, IT
JUST LAYS OUT THAT THEY -- THEY MUST HAVE ONE. AND LET ME JUST ADD THAT
PART OF THIS IS WE NEED HELP. WE HAVE SEEN THE GOVERNOR TALK ABOUT
SETTING UP A TASK FORCE AND TURNING -- A TASK FORCE AND TURNING TO THE
AG FOR ASSISTANCE WITH BETTER MONITORING AND WARNING SIGNS ON SOCIAL
MEDIA, BUT WE ALSO ARE REMINDED THAT AN ESTIMATED 4.75 BILLION, 4.75
BILLION POSTS ARE MADE EVERY DAY ON SOCIAL MEDIA AND THAT'S JUST AN
ESTIMATE. SO WE NEED HELP. WE NEED THESE -- THESE NETWORKS HELPING
US TO MONITOR AND PROVIDING INDIVIDUALS A VEHICLE FOR RECORDING HATEFUL
AND VIOLENT INTENDED CONDUCT.
THANK YOU.
ACTING SPEAKER GIBBS: MR. DURSO.
MR. DURSO: THANK YOU, MR. SPEAKER. THANK YOU,
MR. SPEAKER. WOULD THE SPONSOR YIELD?
ACTING SPEAKER GIBBS: WILL THE SPONSOR
YIELD?
MS. FAHY: SURE.
ACTING SPEAKER GIBBS: YES.
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MR. DURSO: THANK YOU, MS. FAHY. I JUST HAVE A
COUPLE OF QUESTIONS FOR YOU. SO, GOING TOWARDS THE BILL IT SAYS -- REALLY
WHAT DOES THE BILL DEFINE AS SOCIAL MEDIA NETWORK? SO WILL IT JUST BE
SOMETHING LIKE A FACEBOOK, INSTAGRAM OR WILL IT ALSO INCLUDE PRIVATE
MESSAGING APPS SUCH AS WHATSAPP OR SIGNAL OR ANY OTHER PRIVATE
MESSAGING APPLICATIONS?
MS. FAHY: IT -- IT COULD INCLUDE -- IT REALLY IS THE --
THE PROVIDERS. AND WE -- WE DO INCLUDE A DEFINITION, IT'S VERY BRIEF. I'LL
JUST -- I'LL JUST READ IT. A NETWORK IS A PROVIDER FOR PROFIT-MAKING
PURPOSES THAT OPERATES INTERNET PLATFORMS THAT ARE DESIGNED TO ENABLE
USERS TO SHARE CONTENT WITH OTHER USERS OR TO MAKE THAT CONTENT
AVAILABLE TO THE PUBLIC. SO I THINK ONE OF YOUR EXAMPLES MAY NOT
APPLY HERE.
MR. DURSO: OKAY.
MS. FAHY: IT WOULD BE -- IT WOULD BE THOSE THAT ARE
SHARED WITH THE PUBLIC.
MR. DURSO: SO -- SO NOT SO MUCH A PRIVATE
MESSAGING APP BETWEEN ME AND SOMEONE ELSE, BUT ANYTHING THAT COULD
BE VIEWED BY THE PUBLIC.
MS. FAHY: YES.
MR. DURSO: SO WOULD THAT INCLUDE OUR ASSEMBLY
WEBSITE, FOR INSTANCE?
MS. FAHY: IF THE WEBSITE, WHERE YOU CAN POST ON IT,
I DON'T THINK --
MR. DURSO: WELL, ON OUR -- I'M SORRY, GO AHEAD. I
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APOLOGIZE.
MS. FAHY: I DON'T -- I'M NOT SURE THE PUBLIC CAN
ACCESS OUR WEBSITE. WE MAKE POSTS ON THERE BUT I DON'T KNOW IF OUR
ACTUAL WEBSITE WOULD BE APPLICABLE HERE SINCE IT'S -- IT'S NOT -- WELL, IT'S
AVAILABLE TO -- WELL, I GUESS -- OH, I DON'T KNOW, I THINK THE -- A WEBSITE,
IT'S -- IT'S NOT AN EXCHANGE, THAT'S JUST A WEBSITE. BUT I -- I --
MR. DURSO: WELL, I THINK I CAN ASK YOU A MORE
SPECIFIC QUESTION ABOUT IT, IF THAT'S OKAY.
MS. FAHY: YEAH, SURE.
MR. DURSO: SO, ON -- ON OUR ASSEMBLY WEBSITE, SO
IF YOU LOOK UP, SAY, FOR INSTANCE, MY ASSEMBLY PAGE THERE'LL BE THINGS
POSTED UP THERE FROM CERTAIN EVENTS THAT WE DO, WHETHER THEY'RE HERE IN
THE CAPITOL OR IN THE DISTRICT. WOULD THEN THE WEBSITE FROM THE
ASSEMBLY, WHETHER MY -- YOU KNOW, MY SPECIFIC PAGE, YOURS, ANYBODY
ELSE IN THE CHAMBER, WOULD THAT CONSTITUTE A SOCIAL MEDIA WEBSITE?
MS. FAHY: I DON'T THINK IT MEETS THIS TYPE OF
DEFINITION ON SOCIAL MEDIA CONDUCT, BUT A SOCIAL MEDIA NETWORK.
HOWEVER, I WILL SAY OUR WEBSITE IS ALREADY CLOSELY MONITORED, JUST AS
OUR NEWSLETTERS ARE. ALL OF THOSE ARE VETTED BEFORE ANY OF OUR VIDEO
CLIPS ARE PUT UP. EVERYTHING IS VETTED. SO WE -- WE DO MONITOR. WE
CERTAINLY HAVE A RECORDING MECHANISM SINCE ALL OF OUR CONTACT
INFORMATION IS AVAILABLE, BUT -- BUT I'M NOT SURE WE MEET THE DEFINITION
OF A SOCIAL MEDIA NETWORK.
MR. DURSO: OKAY. ALL RIGHT. WELL, I'M SURE I'LL
COME BACK TO THAT.
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MS. FAHY: SURE.
MR. DURSO: SO JUST IN REGARDS TO IN THE -- THE
SUMMARY OF THE BILL, THERE'S PARTS -- THE TERM "HATEFUL CONDUCT" IS
DEFINED TO MEAN THE USE OF SOCIAL MEDIA NETWORK, VILIFY, HUMILIATE,
INCITE VIOLENCE AGAINST A GROUP OR CLASS OR PERSONS ON THE BASE OF RACE,
COLOR, RELIGION, ETHNICITY, NATIONAL ORIGIN, DISABILITY, SEX, SEXUAL
ORIENTATION, GENDER IDENTITY OR GENDER EXPRESSION. I JUST WANTED TO GET
THROUGH ALL THE PIECES. THE -- THE FIRST TWO THAT I WANT TO SPECIFICALLY
JUMP ON ARE "VILIFY" AND "HUMILIATE." COULD YOU EXPLAIN TO ME IN
REGARDS TO THE BILL WHAT THOSE MEAN SPECIFICALLY? BECAUSE THEY MAY
HAVE A DIFFERENT MEANING TO YOU OR TO ME THAN THEY MAY HAVE TO
SOMEBODY ELSE. SO, IN REGARDS TO THIS BILL, WHAT DOES VILIFY, HUMILIATE
MEAN?
MS. FAHY: AGAIN, WE HAVE IT IN AS -- IT'S -- IT'S AN
EXPLANATION OF WHAT HATEFUL CONDUCT WOULD BE. SO I THINK IT WOULD
MEAN VILIFY OR HUMILIATE AS A PART OF A HATEFUL CONDUCT AGAINST ANY OF
THE GROUPS OR CLASSES OF PERSONS THAT ARE LISTED. SO I THINK, AGAIN, IT IS
-- IT IS INTENDED WITH THAT TYPE OF CONDUCT, AND AS YOU SEE IN THAT SAME
PHRASE IT SAYS "OR INCITE VIOLENCE." SO IT'S ALL ALONG THAT SAME
TRAJECTORY, IF YOU WILL, OF HATEFUL CONDUCT WHICH -- WHICH IS DONE BY
VILIFYING, HUMILIATING OR INCITING VIOLENCE. SO IT'S -- IT'S SOMEWHAT
MODIFYING VIOLENCE TERM THERE AS WELL.
MR. DURSO: GOT IT. ALL RIGHT.
MS. FAHY: AGAINST ANY OF THOSE GROUPS LISTED.
MR. DURSO: AND -- AND -- AND LISTEN, I -- I WANT TO
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SAY THIS UP FRONT. I TOTALLY AGREE WITH YOU WHEN IT COMES TO SOCIAL
MEDIA NETWORKS, ANYBODY INCITING VIOLENCE OR AGAINST A GROUP OR CLASS
OF PERSONS OR ANYBODY BECAUSE OF THEIR RACE OR GENDER, SEXUAL
ORIENTATION, I 100 PERCENT AGREE. SO I'M NOT DISAGREEING WITH YOU ON
THAT PORTION. MY -- MY CONCERN IS WITH THOSE TWO WORDS BECAUSE
AGAIN, WHAT MIGHT HUMILIATE ME OR MIGHT HUMILIATE SOMEBODY ELSE
MAY BE DIFFERENT TO EACH PERSON. SO IF I HAVE MY WEBSITE UP OR -- OR
MY SOCIAL MEDIA OR MY FACEBOOK OR MY INSTAGRAM AND I'M WEARING A
SHIRT THAT SAYS "VOTE REPUBLICAN", RIGHT, AND -- AND SOMEBODY -- I'M --
I'M JUST THROWING IT OUT THERE, SOME MIGHT -- MIGHT THINK THAT THAT'S
HUMILIATING OR VILIFYING ME. SOMEBODY ELSE MAY BE VILIFYING PEOPLE
IN GENERAL AND THEY COULD HIT A REPORT BUTTON, WHICH WE'LL GET INTO IN A
MOMENT. WOULD THAT CONSTITUTE SOMEONE HITTING A REPORT BUTTON AND
THEN WHAT WOULD BE THE ANSWER TO THAT?
MS. FAHY: AGAIN, I DON'T THINK THAT WOULD FALL
UNDER THE -- THE PRIMARY DEFINITION WHICH IS HATEFUL CONDUCT AND, YOU
KNOW, WE HAVE AN EXPLICIT PROVISION IN HERE THAT THIS IS NOT INTENDED TO
HINDER OR VIOLATE ANY FREE SPEECH RIGHTS THAT -- THAT ONE HAS. AND
AGAIN, KEEP IN MIND THAT THIS IS AGAINST A GROUP OR CLASS OF PERSONS. SO
I -- I THINK SOME OF THESE THINGS WILL GET DEFINED IN THE REGS, BUT KEEP
IN MIND IT REALLY IS HATEFUL TOWARD THAT VIOLENT CONDUCT. THAT'S WHAT
WE'RE AFTER. WITH 4.7 BILLION POSTS A DAY, A DAY, YOU KNOW, WE NEED
HELP, AND CERTAINLY IT IS THE MOST EGREGIOUS ONES THAT WE UNFORTUNATELY
TOO OFTEN FIND OUT ABOUT AFTER THE FACT. SO THE INTENT HERE IS TO BE
PROACTIVE, NOT -- NOT AS REACTIVE AS -- AS HAS BEEN THE CASE IN TOO MANY
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HORRIFIC INCIDENCES OF -- OF VIOLENCE.
MR. DURSO: AND I WOULD -- I WOULD TOTALLY AGREE
WITH YOU AND I UNDERSTAND. MY -- MY CONCERN WITH THAT IS IT'S VERY
BROAD LANGUAGE AND THAT -- AND AGAIN, TOTALLY AGREE WITH YOU WHEN IT
COMES TO GREAT GROUPS, HATE SPEECH, INCITING ANY TYPE OF VIOLENCE. JUST
WITH THE WORDS HUMILIATE AND VILIFY, AGAIN, EVERYBODY COULD TAKE
THOSE, YOU KNOW, IT -- HOW THEY DEFINE THEM, HOW THEY FEEL. WHAT,
AGAIN, MIGHT HUMILIATE YOU MAY NOT HUMILIATE ME, SO IF SOMEONE
REPORTS IT AND LET'S JUST SAY FACEBOOK WAS TO TAKE IT DOWN BECAUSE YOU
REPORTED SAYING THAT YOU'RE HUMILIATED BY MY ACTIONS OR SOMETHING THAT
I'M DOING UPSETS YOU, THAT IS HINDERING MY FREE SPEECH EVEN THOUGH IT
IS NOTHING THAT IS ATTACKING A GROUP, A RACE, ANYBODY UPON THEIR SEXUAL
ORIENTATION OR GENDER OR ANYTHING LIKE THAT.
BUT LET ME MOVE ON TO A COUPLE OF MORE QUESTIONS.
MS. FAHY: SURE.
MR. DURSO: AS FAR AS THE SOCIAL MEDIA OUTLETS THAT
ARE OUT THERE NOW, MOST OF THEM DO HAVE A REPORT BUTTON OR -- OR SOME
WAY TO REPORT THESE TYPES OF BEHAVIORS, CORRECT?
MS. FAHY: MOST HAVE GOTTEN BETTER. SOME OF THE
MORE TRADITIONAL ONES THAT WE'VE KNOWN OF, CERTAINLY, TO USE TWITTER AS
AN EXAMPLE, THEY HAVE GOTTEN BETTER AT LEAST UNTIL MAYBE ELON MUSK
BUYS IT. BUT -- BUT SO FAR THEY'VE -- THEY'VE I HAVE NOTICED A CHANGE IN
THE LAST COUPLE OF YEARS. BUT AS CAME TO LIGHT AFTER ONE OF THE MOST
RECENT HORRIFIC MASSACRES, THERE IS A WHOLE HOST OF SOCIAL MEDIA
PLATFORMS, IT SEEMS AS IF THERE'S A NEW ONE EVERY DAY AND IT'S VERY HARD
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TO KEEP UP WITH THOSE. SO -- SO YES, I THINK WE'VE SEEN SOME EFFORTS,
AND CERTAINLY FACEBOOK, AS YOU KNOW, HAS BEEN TAKEN TO COURT A
NUMBER OF TIMES ON THIS. SO -- SO WE'RE SEEING PROGRESS THERE. BUT THIS
MAKES SURE IT IS A CLEAR AND CONCISE POLICY THAT IS NOTED AND A
RECORDING MECHANISM. SO IT'S REALLY -- IT -- IT'S LAYING OUT SOMETHING A
-- A LITTLE MORE, AGAIN, IN A -- IN A PROACTIVE MANNER AND CHARGING THE
AG WITH THIS. THE GOVERNOR, AS YOU KNOW, HAS JUST ASSIGNED A TASK
FORCE ON THIS. BUT IT'S -- IT'S TOO MONUMENTAL. WE NEED THE PRIVATE
SECTOR WORKING WITH US ON THIS.
MR. DURSO: OKAY. UNDERSTOOD. SO -- SO GOING
BACK TO WHAT YOU JUST SAID, THE MECHANISM AND THE REPORT BUTTON. SO IF
THERE'S A REPORT BUTTON ON EVERY SOCIAL MEDIA WEBSITE AND THERE'S
HATEFUL CONDUCT OR SOMETHING THAT MAY INCITE VIOLENCE OR BE
HUMILIATING, THEY WILL REPORT IT. NOW, NEW YORK STATE, RIGHT, WE'RE
HERE. IF A SOCIAL MEDIA SITE IS RAN OUT OF ANOTHER STATE, SO YOU SAY
CALIFORNIA OR OKLAHOMA OR FLORIDA, HOW ARE WE GOING TO REGULATE WHAT
THEY DO WITH THEIR SOCIAL MEDIA COMPANY THAT'S IN ANOTHER STATE?
MS. FAHY: IF THEY'RE CONDUCTING BUSINESS HERE, IF
THEY HAVE A FOOTPRINT HERE, MY SENSE IS THEY WILL FALL UNDER THIS. SOME
OF THAT WILL HAVE TO BE DETERMINED. BUT WE RAN INTO THIS WITH THE NET
NEUTRALITY BILL A NUMBER OF YEARS AGO WHEN THE FTC WAS THREATENING TO
ELIMINATE NET NEUTRALITY AND -- AND THERE ARE WAYS TO MAKE SURE THAT IF
THEY'RE DOING BUSINESS HERE THAT THEY HAVE TO COMPLY BY OUR RULES. SO,
AGAIN, THIS IS SOMETHING THAT WILL HAVE TO BE WORKED OUT. BUT CERTAINLY,
MOST OF THE MAJOR COMPANIES HAVE A -- IF NOT A PHYSICAL FOOTPRINT, THEY
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CERTAINLY ARE BEING USED BY RESIDENTS HERE. SO WE -- WE THINK IT WOULD
BE APPLICABLE AND SOME OF THIS WILL HAVE TO BE HASHED OUT, SOME OF THIS
MAY END UP IN THE COURTS AS -- AS OUR GUN LIABILITY BILL DID FROM LAST
YEAR.
MR. DURSO: OKAY. SO, AS -- AS OF RIGHT NOW, RIGHT,
SO -- I'M -- I'M NOT GOING TO SIT HERE AND ACT LIKE I KNOW ABOUT ALL OF
THESE SOCIAL MEDIA COMPANIES, I'M NOT --
MS. FAHY: RIGHT.
MR. DURSO: -- AS TECH SAVVY AS I PROBABLY SHOULD
BE. BUT A COMPANY THAT IS BASED OUT OF CALIFORNIA RIGHT NOW, WE PUT
THESE REGULATIONS IN PLACE, RIGHT, SAYING THEY HAVE TO HAVE A REPORT
BUTTON, THEY HAVE TO HAVE A -- A MECHANISM IN PLACE TO BE ABLE TO
REPORT THIS TYPE OF CONDUCT AND THEY DON'T DO IT. HOW CAN NEW YORK
STATE FIND THEM IF THEY'RE NOT HERE?
MS. FAHY: YOU KNOW, AGAIN, THAT WILL BE UP TO THE
ATTORNEY GENERAL. SHE'S -- SHE IS GRANTED THE ENFORCEMENT AUTHORITY
HERE AND -- AND IF NEED BE TO ISSUE -- THE ABILITY TO ISSUE SUBPOENAS.
WHAT SHE CAN DO ACROSS STATE LINES, YOU USED CALIFORNIA AS AN EXAMPLE,
SHE'S -- SHE'S WORKED VERY CLOSELY WITH -- WITH THE ATTORNEY GENERAL
THERE, AND CERTAINLY MOST OF THESE PLATFORMS ARE AVAILABLE AROUND THE
WORLD. SO, YOU KNOW, THOSE ARE ISSUES THAT ARE GOING TO HAVE TO BE
WORKED OUT. I WOULD HOPE IN CONJUNCTION WITH OTHER STATES, BUT THAT --
THAT -- AGAIN, THEY MAY BE CHALLENGED AND IF SO, THE COURTS WILL -- WILL
SETTLE IT. BUT WE THINK THAT IF THEY -- IF THEY HAVE A PRESENCE, IF IT'S
BEING USED HERE AND THEY HAVE PAYING CUSTOMERS OR PAYING ADVERTISERS
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ON THOSE PLATFORMS, THEY HAVE A -- A BASE HERE IN THIS STATE. SO I'D LIKE
TO THINK, YOU KNOW, OUR -- OUR UNDERSTANDING IS IT WILL HAVE A REACH.
MR. DURSO: OKAY. AND THEN THAT WILL JUST BRING
ME INTO ONE OF MY FINAL QUESTIONS BECAUSE YOU ACTUALLY BROUGHT IT UP.
SO IF THERE'S A COMPANY THAT'S BASED OUTSIDE OF THE UNITED STATES. DOES
THE ATTORNEY GENERAL REALLY HAVE THE AUTHORITY TO GO THAT FAR WITH IT OR
SHOULD THIS BE MORE OF A FEDERAL ISSUE? MAYBE WE SHOULD BE LOBBYING
CONGRESS AT THIS POINT TO MAYBE TAKE OVER A BILL SOMEWHAT LIKE THIS. I
MEAN, IT -- IT -- DO WE HAVE THAT FAR-REACHING EFFECT HERE IN NEW YORK
STATE?
MS. FAHY: TO BE PERFECTLY, YOU KNOW, REALISTIC
HERE, OBVIOUSLY THAT'S HARDER, RIGHT? AND AGAIN, JUST TRYING TO KEEP UP
WITH FACEBOOK, IF YOU JUST THINK OF FACEBOOK, AGAIN, WITH BILLIONS,
BILLIONS OF POSTS EVERY DAY, THIS IS A MONUMENTAL TASK. SO I THINK THIS
IS JUST THE START, AND CLEARLY WE'LL BE -- WE WILL BE RELYING ON THE
COOPERATION OF -- OF THE SOCIAL MEDIA NETWORKS TO SET UP THAT POLICY AND
TO -- TO BEGIN TO BETTER MONITOR. AND THEN WE DON'T HAVE A -- A BASHFUL
ATTORNEY GENERAL AND WE RECOGNIZE THE -- THE CORRELATION. ESTIMATES
ARE THAT 80 PERCENT OF MASS SHOOTERS HAVE SHOWN SIGNS OF CRISIS, AND
ABOUT ONE-HALF OF THAT 80 PERCENT HAVE ESTIMATED TO HAVE REVEALED THEIR
PLANS AHEAD OF TIME BY A SOCIAL MEDIA POST. SO WE KNOW WE HAVE AN
ISSUE. WE KNOW WE NEED MORE TOOLS TO ADDRESS IT. OVERSEAS WILL
CLEARLY BE -- HARDER PLATFORMS THAT ARE OPERATED OVERSEAS WILL -- WILL
CLEARLY BE A MORE CHALLENGING TASK. BUT CERTAINLY -- CERTAINLY WE KNOW
WE HAVE A PROBLEM AND IT'S NOT JUST -- IT -- IT'S NOT JUST CONFINED TO NEW
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YORK.
MR. DURSO: OKAY. THANK YOU, MS. FAHY. I
APPRECIATE ALL YOUR TIME.
MS. FAHY: THANK YOU.
MR. DURSO: THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. RA.
MR. RA: THANK -- THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD?
ACTING SPEAKER AUBRY: MS. FAHY, WILL YOU
YIELD?
MS. FAHY: SURE. HAPPY TO.
ACTING SPEAKER AUBRY: MS. FAHY YIELDS, SIR.
MR. RA: THANK YOU VERY MUCH. AND CERTAINLY I
APPRECIATE YOUR -- YOUR EFFORT WITH REGARD TO, YOU KNOW, THIS ISSUE AND
IT'S SOMETHING THAT I THINK -- IT'S TRICKY, RIGHT? IT'S -- WE'RE TRYING TO
ADDRESS SOMETHING THAT HAS, YOU KNOW, SOME FEDERAL LAW, OBVIOUSLY,
POTENTIALLY TRIGGERING CONSTITUTIONAL PROVISIONS, AND DIFFERENT STATES ARE
DIFFERENT -- DOING DIFFERENT THINGS AND -- AND THAT'S I THINK ONE OF THE,
YOU KNOW, CONCERNS. BUT I WAS JUST READING ONE OF THE -- THE MEMOS
FROM THE NYCLU REGARDING THIS, AND, YOU KNOW, I THINK WE ALL KNOW
THAT LIKE WE HAVE A FIRST AMENDMENT RIGHT TO SPEAK AND ALL THAT, BUT
THERE'S A LEVEL AT WHICH, YOU KNOW, YOU CAUSE DANGER OR -- OR
SOMETHING LIKE THAT. SO I GUESS REALLY THE -- THE QUESTION IS, YOU KNOW,
WITH THIS -- THIS LANGUAGE THAT'S IN THE BILL, HOW DO WE ENSURE THAT WE
DON'T HAVE, YOU KNOW, THE UNINTENDED CONSEQUENCE THAT, YOU KNOW, A
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SOCIAL MEDIA ENTITY NOW REGULATES PAST WHAT WE'RE TRYING -- YOU KNOW,
WE'RE TRYING TO GET AT THAT REALLY DANGEROUS, HATEFUL CONDUCT THAT CAN
INCITE VIOLENCE, ALL OF THAT. BUT HOW DO WE MAKE SURE THAT THEY DON'T
USE THIS AS AN OPPORTUNITY TO SAY CERTAIN, YOU KNOW, SPEECH MAY BE
POLITICAL IN NATURE ON ONE SIDE OR THE OTHER AND -- AND CUT DOWN ON THAT
TYPE OF SPEECH?
MS. FAHY: AGAIN, WE AGREE THIS IS TRICKY. THIS IS
AN AREA THAT, YOU KNOW, WE ARE -- WE ARE VENTURING INTO TERRITORY THAT --
THAT HAS BEEN TRIED BEFORE, AND I THINK THERE'S BEEN SOME HESITANCY
BECAUSE ALL OF US VALUE THE -- THE RIGHT OF FREE SPEECH. WE DO, AGAIN,
ADD IN HERE THAT NOTHING IS INTENDED TO HINDER THAT. AT THE SAME TIME,
WE KNOW -- AND -- AND NOTHING IS INTENDED TO INCREASE THE LIABILITY OF
THESE SOCIAL MEDIA PLATFORMS. BUT WE KNOW WE HAVE AN ISSUE. WE
KNOW VIOLENT OFFENDERS ARE TOO OFTEN POSTING, AND AGAIN, WE ARE TRYING
TO KEEP THIS FOCUSED ON HATEFUL CONDUCT LEADING TO OR IS TRYING TO INCITE
-- WE HAVE THE WORD INCITE VIOLENCE THERE -- AND IT IS AGAINST A GROUP OR
CLASS OF PERSONS BASED ON THE -- THE DEFINITION THAT WAS READ EARLIER, SO
BASED ON A WHOLE HOST OF -- OF CATEGORIES YOU -- YOU'RE QUITE FAMILIAR
WITH. AND SO THERE IS AN EFFORT TO DRAW THAT FINE LINE, YET WE'VE GOT TO
HAVE THESE SOCIAL MEDIA COMPANIES WORKING WITH US. YOU KNOW, THE
-- THE ATTORNEY GENERAL COULD HIRE A THOUSAND INVESTIGATORS TOMORROW,
AND WITHOUT THE COOPERATION OF THESE PLATFORMS AND WITHOUT BETTER
TRANSPARENCY WE WILL NOT BE ABLE TO GET AT THIS -- THESE VIOLENT
INTENTIONS OR THESE VIOLENT INCIDENCES THAT ARE BEING POSTED.
MR. RA: AND THANK YOU. AND -- AND I KNOW THAT,
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OBVIOUSLY, YOU KNOW, WE'VE HAD SOCIAL MEDIA ENTITIES TESTIFY BEFORE
CONGRESS AND, YOU KNOW, TRYING TO GET AT THE HEART OF THIS ISSUE AND I
AND I -- AND I REALLY THINK THAT ULTIMATELY THAT'S MAYBE WHERE SOME
SOLUTION LIES IF, YOU KNOW, THEY CAN GET THEMSELVES TOGETHER. WE KNOW
GETTING ANYTHING IN AGREEMENT IN CONGRESS IS -- IS TOUGH THESE DAYS.
BUT, YOU KNOW, OTHERWISE YOU END UP WITH KIND OF LIKE A SHISH KABOB
OF ALL THESE DIFFERENT STATE LAWS. THEY'RE ALL DIFFERENT. YOU KNOW, YOU
HAVE TEXAS WHO DID SOMETHING THAT IS LIKE VERY MUCH I THINK CAN LEAD
TO GREAT UNINTENDED CONSEQUENCES OF JUST KIND OF ANYTHING GOES. BUT
THEN YOU HAVE OBVIOUSLY SOMETHING LIKE THIS THAT -- THAT I THINK COULD
ALSO LEAD TO UNINTENDED CONSEQUENCES. BUT I WANT TO GET TO MAYBE THE
SPECIFICS THERE. SO, YOU KNOW, THEY MAKE A POLICY ACCESSIBLE TO THE
USER, RIGHT, AND -- AND I WOULD THINK ANY MAJOR ENTITY IS JUST GOING TO
HAVE TO DO THIS BECAUSE OBVIOUSLY THEY'RE REACHING NEW YORK JUST LIKE
THEY'RE REACHING REALLY WORLDWIDE, MOST OF THESE PLATFORMS. SO TO -- I
MEAN, HOW DETAILED DOES THIS HAVE TO BE? DOES IT HAVE TO SAY
SOMETHING LIKE, YOU KNOW, ONCE REPORTED, WHERE YOU WILL VERIFY THIS
WITHIN 24 HOURS, 48 HOURS AND HAVE IT REMOVED? DOES IT HAVE TO GO TO
THE EXTENT OF WE WILL FOLLOW-UP WITH THE PERSON WHO HAS REPORTED THIS?
CAN -- CAN YOU GIVE ME LIKE AN IDEA OF HOW DETAILED A POLICY WE WOULD
EXPECT UNDER THIS?
MS. FAHY: SURE. AGAIN, HERE A COUPLE -- IN A
COUPLE OF PLACES WE DO NOTE THAT THEY -- THEY ARE REQUIRED TO HAVE THIS
POLICY BUT IT IS -- IT IS TO BE CLEAR AND CONCISE. AND I THINK IT -- THE
CONCISENESS IS IMPORTANT BECAUSE WE WANT IT -- WE DON'T, YOU KNOW,
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WANT TEN PARAGRAPHS OF POLICY THAT EVERYBODY JUST CHECKS OFF AND --
AND DOESN'T READ AGAIN AS THEY'RE ACCESSING -- AS THEY'RE PURCHASE -- AS
THEY'RE PURCHASING THINGS ONLINE. SO THIS IS INTENDED TO BE CLEAR AND
CONCISE AND READILY AVAILABLE, AS WELL AS ACCESSIBLE ON THE WEBSITE AS
WELL AS THE ABILITY TO REPORT. WE ALSO INCLUDE A PROVISION THAT SAYS THAT
THE -- THE SOCIAL MEDIA NETWORKS THEMSELVES NEED TO SHOW HOW THEY
PLAN TO RESPOND. BUT WE HAVE LEFT THIS PURPOSELY OPEN, IF YOU WILL,
BECAUSE WE ARE LEAVING IT UP TO THEM. AND AS IS OFTEN THE CASE, THE
LARGER PROVIDERS, AS WERE TALKED ABOUT EARLIER, TWITTER AND FACEBOOK
HAVE SPENT THE LAST FEW YEARS TRYING TO NAVIGATE THIS, TRYING TO BETTER
MONITOR. AND WE SAW WITH THE MASSACRE IN BUFFALO -- I -- I DON'T KNOW
IF IT WAS 4CHAN, I FORGET WHAT PLATFORM THAT THAT MASSACRE WAS BEING
FILMED ON -- IT WAS TAKEN DOWN. ONE TOOK IT DOWN IN TEN MINUTES, THE
OTHERS SPENT HOURS BEFORE THEY TOOK DOWN THOSE VIDEOS AND I'M SURE
SOME ARE STILL OUT IN THE ETHERLAND. SO WE KNOW WE'VE HAD MIXED --
MIXED SUCCESS, AND THAT'S WHY WE -- WE CONTEND WE NEED TO BE MORE
ASSERTIVE HERE AND WE'VE GOT TO GET THEM WORKING WITH US AND WORKING
WITH THE ATTORNEY GENERAL.
MR. RA: OKAY. AND THEN IN TERMS OF, YOU KNOW, THE
-- THE CIVIL PENALTY SECTION, SO IS THAT CIVIL PENALTY TRIGGERED -- THE
VIOLATION WOULD BE NOT HAVING A POLICY. COULD AN ENTITY HAVE THAT, YOU
KNOW, PENALTY TRIGGERED BY THEIR LACK OF ACTION TO SOMETHING REPORTED
TO THEM OR WOULD IT JUST BE THAT THEY HAVE TO THE PROPER MECHANISMS IN
PLACE FOR THESE THINGS TO BE REPORTED?
MS. FAHY: IT -- IT ALSO INCLUDES A LACK OF ACTION. A
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FAILURE TO COMPLY COULD TRIGGER THAT.
MR. RA: OKAY. SO -- SO THEORETICALLY, AND -- AND
THIS I GUESS MIGHT BE OR IS ONE OF MY CONCERNS, IS THAT, YOU KNOW,
SOMEBODY COULD -- WELL I GUESS IT WOULD -- THE ATTORNEY GENERAL
WOULD BE THE ONE ENFORCING THIS, CORRECT?
MS. FAHY: I'M SORRY?
MR. RA: THE ATTORNEY GENERAL WOULD BE THE ONE
ENFORCING IT?
MS. FAHY: YES.
MR. RA: SO, YOU KNOW, I -- I -- SO, IF THE ATTORNEY
GENERAL SAY -- SAY SOMETHING GETS REPORTED, THE SOCIAL MEDIA ENTITY
GOES THROUGH THEIR PROCESS, THEY SAY, YOU KNOW, WE DON'T THINK THIS IS,
YOU KNOW, VIOLATIVE OF OUR -- OF OUR POLICIES. WE'RE -- WE'RE OKAY WITH
THIS. IT MAYBE PUSHES -- PUSHES THE LINE BUT IT DOESN'T QUITE CROSS IT,
AND THEY ALLOW IT TO STAY, POTENTIALLY THE -- THE ATTORNEY GENERAL COULD
SAY, NO, I THINK THIS DOES GO PAST THAT AND BRING AN ACTION FOR VIOLATING
THIS; IS THAT CORRECT?
MS. FAHY: I THINK, AGAIN, IN AN EFFORT TO BE
PROACTIVE IF THAT POLICY IS PUBLISHED AT THE FRONT END, THAT CLEAR AND
CONCISE POLICY AND WHERE IT'S AGREED TO, I THINK IT -- IT WOULD
PRESUMABLY PREVENT SOME OF THAT, YOU KNOW, SECOND GUESSING --
SECOND GUESSING AFTERWARDS. YOU KNOW, SO THERE'S -- THERE'S NO PENALTY
INVOLVED HERE FOR NOT REPORTING AT THIS POINT. IT'S, YOU KNOW, WE'RE NOT
TELLING THEM WHAT -- WHAT THE POLICY SHOULD BE NOR IF -- IF IT'S REPORTED.
THIS IS -- IN SO MANY WAYS THESE ARE JUST THE FIRST STEPS OF REALLY TRYING
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TO TACKLE -- TACKLE A -- A MONSTER ITEM WITH 4.75 BILLION POSTS EVERY
DAY. SO THESE ARE -- YOU KNOW, QUITE FRANKLY, I THINK THEY'RE -- THEY'RE
SMALL STEPS BUT WE ARE WADING INTO, AS DISCUSSED, TRICKY TERRITORY WITH
TRYING TO BE RESPECTFUL OF FREE SPEECH AND TRYING TO -- AND TRYING TO GET
THE ASSISTANCE OF THE PRIVATE SECTOR BECAUSE THERE IS -- THERE -- WE ARE
HINDERED. WE KNOW FROM SO MANY OTHER VIOLENT INCIDENCES THAT WERE
ONLINE BEFOREHAND, BUFFALO WAS FAR FROM THE FIRST, WE KNOW WE NEED
MORE COOPERATION, WE NEED BETTER POLICIES. IT'S -- IT'S LIKE THE NEW
YORK CITY ISSUE OF SEE SOMETHING, SAY SOMETHING. IT'S -- WE'RE TRYING
TO ENCAPSULATE THAT BUT WITH SOCIAL MEDIA.
MR. RA: THANK YOU VERY MUCH --
MS. FAHY: THANK YOU.
MR. RA: -- I APPRECIATE YOUR EFFORTS WITH REGARD TO --
TO THIS ISSUE.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. RA: JUST QUICKLY, YOU KNOW, WE -- WE DO
CERTAINLY NEED TO FIND WAYS TO LOOK AT THIS ISSUE. A LOT OF, YOU KNOW,
THE FEDERAL LAWS DATE BACK TO THE EARLIER DAYS OF THE INTERNET. I DON'T
KNOW WHEN, YOU KNOW, THE FIRST TIME PEOPLE WERE USING SOME OF THOSE
OLD SEARCH ENGINES OR DOING WHATEVER THEY WERE DOING ONLINE, GOING TO
THESE BASIC WEBSITES WE EVER CONTEMPLATED THE SOCIAL MEDIA WORLD WE
LIVE IN NOW. SO CERTAINLY WE'RE IN A DIFFERENT DAY AND -- AND OUR LAWS
SHOULD -- SHOULD REFLECT THAT. AND -- AND I THINK APPROPRIATELY, YOU
KNOW, A FEDERAL POLICY THAT REQUIRES, YOU KNOW, REALLY NEUTRAL POLICIES
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BY -- BY SOCIAL MEDIA OPERATORS I THINK WOULD BE MORE EFFECTIVE. BUT
-- BUT THE WHOLE POINT OF THAT FEDERAL LAW WAY BACK THEN WAS TO KIND
OF JUST ALLOW THE INTERNET TO KIND OF FLOURISH AND GIVE KIND OF SAFE
HARBOR SO THAT OPERATORS WEREN'T HELD LIABLE FOR -- FOR THINGS PEOPLE
POSTED. AND I THINK SOME WAY HERE WHERE WE NEED TO GET IS THAT IF THE
ENTITY IS MAKING A GOOD FAITH EFFORT THAT THERE'S NOT THAT POTENTIAL FOR
THEM TO BE SECOND-GUESSED. THE PROBLEM IS AT THE END OF THE DAY SOME
HUMAN BEING, YOU KNOW, THEY -- THEY'RE GOING TO HAVE THEIR ALGORITHMS
AND THINGS TRY TO CATCH THINGS WHICH THEY ALL HAVE. AND AS ANY OF US
SHOULD REALIZE WHEN YOU GO ON ANY OF THESE SOCIAL MEDIA PLATFORMS
THERE'S -- THERE'S AN ALGORITHM TRYING TO MAKE SURE YOU SEE WHAT THEY
WANT -- WHAT THEY WANT YOU TO SEE, AND -- AND UNFORTUNATELY IN A LOT OF
WAYS IT ENDS UP CREATING SOCIAL MEDIA ECHO CHAMBERS BECAUSE THEY'RE
SENDING CONTENT THAT THEY THINK YOU'RE GOING TO LIKE AND NOT NECESSARILY
THAT YOU THINK YOU'RE NOT GOING TO LIKE. BUT MY CONCERN IS THAT AT SOME
POINT THERE'S GOING TO BE SOME PERSON MAKING A -- REALLY A SUBJECTIVE
DETERMINATION ABOUT SOMETHING, AND -- AND THAT'S WHERE WE GET INTO A
REALLY TRICKY AREA.
SO I -- I KNOW THIS IS NOT AN EASY AREA TO LEGISLATE, SO I
CERTAINLY APPRECIATE YOU BRINGING THIS BILL BEFORE US AND I'M SURE A LOT
OF WORK WENT INTO GETTING THIS LANGUAGE BEFORE US. AND -- AND I HOPE
THAT IT'S A CONTINUED CONVERSATION BECAUSE SOCIAL MEDIAL OUTLETS CAN BE
WONDERFUL, BUT THEY CAN BE ABSOLUTELY AWFUL AT TIMES, TOO, IN TERMS OF
JUST PEOPLE SAYING THINGS THAT THEY WOULD NEVER SAY TO SOMEBODY'S FACE
AND CERTAINLY INCITING, YOU KNOW, HATE AND VIOLENCE AS WELL. SO, I -- I
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THANK THE SPONSOR FOR ANSWERING MY QUESTIONS. THANK YOU, MR.
SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
MR. JENSEN.
MR. JENSEN: THANK YOU VERY MUCH, MR. SPEAKER.
WILL THE SPONSOR YIELD FOR A FEW QUESTIONS?
ACTING SPEAKER AUBRY: MS. FAHY, WILL YOU
YIELD?
MS. FAHY: SURE.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. JENSEN: THANK YOU VERY MUCH. I JUST WANT TO
GO IN A LITTLE BIT OF A DIFFERENT DIRECTION THAN MY -- MY TWO COLLEAGUES
PREVIOUSLY. END OF LAST WEEK I WAS IN A -- A COMMUNITY MEETING TRYING
TO ADDRESS VIOLENCE IN THE GREATER ROCHESTER AREA. AND REPRESENTATIVES
FROM FAITH-BASED, COMMUNITY-BASED ORGANIZATIONS WHO ACT AS VIOLENCE
INTERCEPTORS IN THE COMMUNITY MENTIONED THAT THEY'RE SEEING OVER THE
PAST FEW YEARS MORE AND MORE INDIVIDUALS IN THE COMMUNITY USING
SOCIAL MEDIA, FACEBOOK, AS A WAY TO THREATEN VIOLENCE AGAINST OTHER
PEOPLE. AND THEY DON'T FALL INTO THE PROTECTED CLASSES THAT YOU
MENTIONED IN THE BILL, BUT YET THEY'RE STILL TRYING TO INCITE VIOLENCE AND
INCITE HATE BECAUSE THEY'RE IN A RIVAL GANG, A RIVAL ORGANIZATION. AND
WE'VE SEEN THAT WITH, YOU KNOW, WAVING FIREARMS, THREATENING PEOPLE
DIRECTLY, THREATENING WITNESSES. THERE WAS A DONNYBROOK IN A WALMART
PARKING LOT WHERE SOMEBODY SUFFERED GUNSHOT WOUNDS. AND I GUESS
MY QUESTION IS, WOULD THIS COVER THOSE TYPES OF HATEFUL CONDUCT?
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BECAUSE I THINK IF YOU'RE THREATENING TO KILL A WITNESS TO A CRIME, THAT'S
PRETTY HATEFUL. WOULD THAT BE COVERED EVEN -- EVEN THOUGH THEY'RE NOT
A PROTECTED CLASS?
MS. FAHY: MY READING OF THIS -- YEAH, THAT'S AN
EXCELLENT QUESTION. CERTAINLY, YOU KNOW, THIS IS TARGETED AT GROUPS OR
CLASSES OF PERSONS AS WERE READ BEFORE AND I WON'T REREAD THEM.
MR. JENSEN: YEP.
MS. FAHY: IF IT'S TO PURPOSELY TARGET A WITNESS, TO
TAKE OUT A WITNESS, IF YOU WILL, OF ANOTHER CRIME, THAT IS -- THAT IS -- MY
READING WOULD SAY IT'S NOT COVERED HERE.
MR. JENSEN: IT'S NOT.
MS. FAHY: BUT MAYBE THAT'S ANOTHER BILL.
MR. JENSEN: YEAH.
MS. FAHY: BUT CERTAINLY I -- I SEE YOUR POINT.
AGAIN, I'M -- I'M TRYING TO BE AS FRANK AS I CAN BE. THIS IS -- THESE ARE
SMALL STEPS TO GET AT WHAT IS A MONUMENTAL BUT DIFFICULT PROBLEM. AND
BUT WE -- YOU KNOW, AGAIN, THIS WAS INITIATED LAST YEAR AFTER JANUARY
6TH. CERTAINLY WE'VE HAD INCIDENT AFTER INCIDENT. WE KNOW WE HAVE TO
BEGIN SOMEWHERE. BUT YOU RAISE AN EXCELLENT POINT. SO -- BUT -- BUT IF
THE POLICY WERE THERE, NOTHING WOULD PRECLUDE THE SOCIAL MEDIA
PLATFORM OR NETWORK FROM ADDING THAT IN. YOU KNOW, AGAIN, IT'S BACK
TO THE NEW YORK CITY VERSION OF SEE SOMETHING, SAY SOMETHING, BUT
WE'RE TRYING TO DO IT ONLINE.
MR. JENSEN: RIGHT. AND I -- AND I THINK, YOU
KNOW, ONE OF THE QUESTIONS WITH THAT IS I KNOW TWITTER HAS A MUCH
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MORE MAYBE STRINGENT INCITING VIOLENCE AND ACTUAL THREAT. AND SO I
GUESS, YOU KNOW, MR. RA TALKED ABOUT THIS A LITTLE BIT, THAT BECAUSE OF
THE VAGUENESS OF THIS LEGISLATION THAT WE COULD HAVE A CORNUCOPIA OF
DIFFERENT SOCIAL MEDIA PLATFORMS HAVING DIFFERENT RULES FOR CONSTITUTING
WHAT THEY HAVE TO HAVE A POLICY FOR. AND WHILE THEY MAY HAVE TO
ADDRESS TAKING IT DOWN OR REMOVING IT FROM THEIR PLATFORM, IS THERE
ANYTHING THAT WOULD MAKE THEM HAVE TO REPORT THOSE TYPES OF THREATS TO
LAW ENFORCEMENT IN THE RELEVANT JURISDICTION RATHER THAN JUST REMOVING
THE CONTENT FROM THEIR PLATFORM?
MS. FAHY: AS -- AS NOTED, WE'RE -- WE'RE NOT EVEN
TELLING THEM -- BECAUSE WE ARE JUST STARTING HERE, WE'RE NOT EVEN TELLING
THEM WHAT TO DO. WE'RE JUST SAYING THAT THEY -- THEY NEED TO STATE HOW
THEY WOULD RESPOND, WE'RE NOT SAYING OR ADDRESS. BUT WE'RE NOT TELLING
THEM HOW THEY WOULD DO THAT. AND AGAIN, I THINK THESE ARE THE TYPES
OF THINGS, ONE, THAT ARE WORKED OUT IN REGS, BUT ALSO WORKED OUT BY THE
-- THE BIGGER NETWORKS WHO HAVE ALREADY SPENT THE LAST FEW YEARS TRYING
TO BE MORE AGGRESSIVE ON THIS BECAUSE OF PREVIOUS INCIDENCES. AND I
THINK THAT WILL SET THE TONE AND LAY OUT -- LAY OUT SOME PATHS FORWARD
ON THIS.
MR. JENSEN: OKAY.
MS. FAHY: IS MY SENSE.
MR. JENSEN: WELL, THANK YOU VERY MUCH. I
APPRECIATE YOU ANSWERING MY QUESTIONS.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
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MR. OTIS.
MR. OTIS: THANK YOU. I'M GOING TO SPEAK ON THE
BILL AND --
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. OTIS: -- AND I'M GOING TO CONGRATULATE THE
SPONSOR OF THE BILL FOR HAVING THE FORESIGHT TO BRING A CONCEPT THAT IS A
VERY IMPORTANT ISSUE THAT WE NEED TO ADDRESS. BUT A LOT OF THE
DISCUSSION HAS BEEN ABOUT THINGS THAT ARE ACTUALLY NOT IN THE BILL. THIS
IS A VERY SIMPLE BILL. THIS IS A BILL THAT BASICALLY RAISES THE STANDARD FOR
SOCIAL MEDIA SITES TO HAVE A -- AND I'LL READ THE LANGUAGE -- EASILY --
EASILY ACCESSIBLE MECHANISM TO REPORT HATEFUL MATERIAL. THAT'S ALL THE
BILL REALLY DOES. IT -- IT WOULD HAVE TO REPORT ON THEY HANDLE THE
COMPLAINTS. BUT WHAT THE BILL DOES NOT DO IS THE BILL IS NOT ABOUT THE
FIRST AMENDMENT, WE DON'T TELL THE SOCIAL MEDIA SITES WHAT THEY DO,
WHAT -- WHAT JUDGMENTS THEY MAKE. IT IS NOT ABOUT THE GOVERNMENT
TELLING SOCIAL MEDIA SITES WHAT TO KEEP UP OR WHAT TO TAKE DOWN. AND
IT'S NOT VERY COMPLICATED. WHAT IT DOES DO IS IT SETS UP -- IT DOESN'T --
DOESN'T TELL THEM WHAT THEIR ROLE SHOULD BE. WHAT THE BILL DOES IS
BASICALLY SAY WE WANT SPEED IN GETTING HATEFUL MATERIAL DOWN. THE
SITE'S GOING TO FIGURE OUT WHAT MATERIAL ON THEIR OWN POLICIES THEY'RE
GOING TO TAKE DOWN OR THEY'RE GOING TO KEEP UP. BUT AS THE SPONSOR
ALLUDED TO, IN THE EVIL THAT OCCURRED IN BUFFALO, IT WAS POSTED LIVE BY
THE KILLER AND THEN REPOSTED ON OTHER SITES, SOMETIMES FOR HOURS AND
HOURS, AND THE SPONSOR SPECULATED THAT MAYBE IT'S STILL UP IN SOME
PLACES. AND SO WHAT WE WANT TO DO IS WE WANT TO MAKE IT AS EASY AS
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POSSIBLE FOR PEOPLE THAT SEE THIS TO REPORT IT TO THE SITE, AND AT A CERTAIN
POINT THESE SITES ARE GOING TO HAVE TO LOOK AT THEIR OWN MORALITY AND
THEIR OWN CONSCIENCE AND -- AND DECIDE WHAT THEIR POLICIES ARE GOING TO
BE. AND MAYBE SOME OF THESE OTHER MORE COMPLICATED JUDGMENTS AND
ISSUES ARE GOING TO BE HANDLED IN OTHER LEGISLATION OR BY THE FEDERAL
GOVERNMENT, BUT THAT'S NOT WHAT THIS BILL DOES. THIS BILL SIMPLY SAYS
WE HAVE TO HAVE A CLEAR, QUICK WAY THAT THE PUBLIC CAN REPORT STUFF THAT
THEY -- THEY THINK VIOLATES THEIR SENSE OF WHAT HATEFUL SPEECH IS.
SO COMPLIMENTS TO THE SPONSOR. SHE CAME UP WITH --
WITH THIS BILL A WHILE AGO, BUT WE'VE SEEN IT IN REAL LIFE IN -- IN BUFFALO
AND OTHER PLACES AROUND THE COUNTRY. THIS IS A BILL EVERYBODY SHOULD
SUPPORT. SOME OF THESE OTHER ISSUES, THEY'RE FOR ARGUMENTS ABOUT OTHER
BILLS THAT AREN'T BEFORE US TODAY.
THANK YOU. I'LL BE VOTING AYE.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. LAWLER.
MR. LAWLER: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD?
ACTING SPEAKER AUBRY: MS. FAHY, WILL YOU
YIELD?
MS. FAHY: SURE.
ACTING SPEAKER AUBRY: MS. FAHY YIELDS, SIR.
MR. LAWLER: THANK YOU. SO, FORMER SUPREME
COURT JUSTICE ANTONIN SCALIA IN TALKING ABOUT THE FIRST AMENDMENT
BASICALLY SAID THAT THE PRINCIPAL ROLE OF THE COURT IN THE AREA OF CIVIL
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LIBERTIES IS TO PREVENT THE GOVERNMENT FROM BACKSLIDING IN ITS
PROTECTIONS OF LONG-RECOGNIZED PERSONAL LIBERTIES. OBVIOUSLY, THIS
DYNAMIC IS IN MANY RESPECTS A VERY NEW FRONT IN THE -- IN THE FIRST
AMENDMENT FIGHT. AND -- AND I THINK AS WE'VE SEEN, THE FIRST
AMENDMENT IS NOT ABSOLUTE. THERE ARE CERTAIN THINGS THAT YOU CANNOT
SAY OR DO THAT -- AND ESPECIALLY IN THREATENING VIOLENCE OR -- OR HARM TO
OTHERS. AND I THINK WHEN WE LOOK AT THAT I THINK OBVIOUSLY IT'S
INCUMBENT UPON NOT JUST SOCIAL MEDIA COMPANIES, BUT ACROSS THE
SPECTRUM TO ENSURE THAT THOSE TYPES OF HATEFUL RHETORIC DO NOT OCCUR.
WHERE I DO GET CONCERNED IS THAT WE'RE SEEING IN OTHER STATES KIND OF
THE -- THE CONVERSE HERE WHERE THEY'RE SAYING THAT SOCIAL MEDIA
COMPANIES CANNOT TRY TO SENSOR PREDOMINANTLY POLITICAL SPEECH AND
POLITICAL THOUGHT. AND CERTAINLY IT APPEARS AT TIMES THAT CERTAIN
POLITICAL PARTIES AND/OR ELECTED OFFICIALS ARE MORE REGULATED OR LOOKED
AT THAN OTHERS. THE SUPREME COURT HAS BASICALLY UPHELD -- ALLOWED
TEXAS' LAW TO GO FORWARD. ISN'T THIS SOMETHING THAT MAYBE NEEDS TO BE
DEALT WITH FEDERALLY AS OPPOSED TO A STATE-BY-STATE-BY-STATE BASIS GIVEN
OBVIOUSLY THE FACT THAT THE INTERNET IS GLOBAL AND NOT JUST OPERATING IN --
IN ONE LITTLE AREA OF THE WORLD?
MS. FAHY: AS WITH SO MUCH LEGISLATION WE DO HERE,
AS WITH SO MANY BILLS ESPECIALLY THIS WEEK AND TALKING ABOUT A NUMBER
OF GUN MEASURES, WE ABSOLUTELY WOULD LIKE TO SEE MORE WORK DONE AT
THE FEDERAL LEVEL. I MENTIONED THE NET NEUTRALITY BILL I HAD A FEW YEARS
AGO. CERTAINLY -- CERTAINLY WE WOULD LIKE TO SEE MORE DONE THERE, BUT
WE KNOW NO SECRET OF THE PARALYSIS AS WELL IN WASHINGTON AND -- AND
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WE CAN'T WAIT, RIGHT? THIS WAS OUR BACKYARD. AND -- AND BUFFALO WAS
FAR FROM THE FIRST WHERE 180 PAGES WERE POSTED ON SOCIAL MEDIA WITH
LOTS OF VIOLENCE POSTED WITHIN THOSE 180 PAGES, AND YET, YOU KNOW,
COULD A LAW LIKE THIS OR A BILL LIKE THIS HAVE PREVENTED THAT? WE DON'T
KNOW. BUT WE KNOW WE NEED TO DO MORE AND WE NEED MORE
TRANSPARENCY. AND SO IT'S A MATTER OF DO WE WAIT OR DO WE NOT FOR THE
FEDS AND I SAY WE DON'T. WE'VE GOT TO START. AND QUITE FRANKLY, I THINK
WE'RE GOING TO HAVE MORE -- MORE COOPERATION GIVEN THE -- THE HORRORS
OF THE LAST TWO WEEKS, LET ALONE OF ALMOST DAILY VIOLENCE. AND -- AND
THE USE, THE EXPLOSIVE -- IN 2020 THE U.S. STATE DEPARTMENT ISSUED --
ISSUED A -- A STUDY SAYING RACIST VIOLENCE IS BOTH ON THE, QUOTE, "ON THE
RISE AND SPREADING GEOGRAPHICALLY", END QUOTE, AS WHITE SUPREMACISTS
INCREASINGLY TARGET MINORITY GROUPS LIKE IMMIGRANTS, ETHNIC MINORITIES,
LGBTQ AND OTHER, QUOTE, "PERCEIVED ENEMIES". SO, YOU KNOW, WE'VE
-- WE CAN'T WAIT IS THE SIMPLE ANSWER.
MR. LAWLER: I THINK ALL OF US PROBABLY IN THIS
CHAMBER HAVE SOME SOCIAL MEDIA ACCOUNTS, WHETHER WE'RE ACTIVE OR
NOT. BUT I'M -- I'M SURE EVERYBODY HERE HAS AN ACCOUNT. AND, YOU
KNOW, AS -- AS LIZA MINELLI ONCE SAYING, YOU KNOW, IF I CAN MAKE IT
HERE I CAN MAKE IT ANYWHERE. OBVIOUSLY, NEW YORK IS ROUGH AND
TUMBLE. IT IS -- YOU KNOW, POLITICS CAN BE -- CAN BE ROUGH. ALL OF US,
I'M SURE, HAVE GOTTEN NOTIFICATIONS OF SOME OF THE MOST OUTRAGEOUS
THINGS THAT HAVE BEEN SAID ABOUT EACH OF US. AND I THINK THE -- THE
QUESTION THAT I HAVE IS, YOU KNOW, LOOK, OBVIOUSLY ANYONE WHO IS A
RACIST OR BIGOTED OR HOMOPHOBIC OR ATTACKING SOMEBODY ELSE BECAUSE
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OF WHO THEY ARE, THAT IS A -- THAT IS A PROBLEM. IT'S A SOCIETAL PROBLEM
THAT WE HAVE TO -- TO CONTINUE TO COMBAT. BUT I GUESS THE QUESTION IS,
YOU KNOW, MANY OF US, I'M SURE AT TIMES, LIKE I SAID, HAVE BEEN CALLED
SOME OF THE WORST THINGS. I'VE BEEN CALLED A FASCIST. I DIDN'T KNOW THAT
-- THAT MY VIEWS WERE SO REPREHENSIBLE, BUT, YOU KNOW, DOES THAT INCITE
HATE? DOES THAT INCITE VIOLENCE? LIKE, WHO IS SUPPOSED TO REGULATE
THIS? WHO IS SUPPOSED TO MAKE THE DETERMINATION? AND I KNOW AS MY
COLLEAGUE SAID THAT THIS BILL IS NOT SAYING WHAT THEY SHOULD DO, BUT LIKE
WHERE'S THE LINE IN YOUR MIND AS TO WHAT SHOULD BE REGULATED VERSUS
WHAT SHOULD BE NOT? SHOULD -- SHOULD PEOPLE ON SOCIAL MEDIA BE
ALLOWED TO SAY THINGS ABOUT THEIR ELECTED OFFICIALS? YOU KNOW, WE'VE
SEEN ELECTED OFFICIALS BE COMPARED TO -- TO HITLER, TO, YOU KNOW, ET
CETERA. I MEAN, WHERE -- WHERE IS THAT LINE THAT YOU'RE LOOKING FOR TO
STOP THAT HATRED, STOP THAT VIOLENCE FROM OCCURRING?
MS. FAHY: IT -- FIRST OF ALL, YOU KNOW, WE'RE, AGAIN,
AND BEING AS FRANK AS I CAN BE, WE ARE -- WE ARE TAKING SOME VERY SMALL
STEPS HERE, RIGHT, TO TRY TO BE PROACTIVE. ONCE AGAIN, GOVERNMENT IS
TRYING TO CATCH UP WITH TECHNOLOGY. AND -- AND WE'RE -- WHAT WE'RE
ASKING IN THIS CASE, WE'RE ASKING THOSE TECHNOLOGY COMPANIES, IN THIS
CASE SOCIAL MEDIA NETWORKS, TO ASSIST US. WE CANNOT -- WE COULD NOT
WITH A THOUSAND ENFORCEMENT OFFICERS TOMORROW ASSIGNED TO THIS, THERE
IS NO WAY WE COULD DO THIS THROUGH -- THROUGH GOVERNMENT. WE NEED
THAT ASSISTANCE WITH THAT REPORTING AND THE -- THE MECHANISM -- WELL,
SORRY -- THE MONITORING ON THE PART OF THE -- THE COMPANY ITSELF AND
THEN THE MECHANISM FOR MAKING IT EASILY REPORTABLE. WE'RE NOT TELLING
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THEM WHAT THE NEXT STEP IS. WE DON'T SAY THEY BE FINED IF -- WE'RE NOT
SAYING WHAT THEY HAVE TO DO WITH IT OTHER THAN TO SHOW US HOW THEY
WOULD RESPOND AND ADDRESS IT. SO THESE ARE SMALL STEPS. BUT IT IS AN
EFFORT BECAUSE I -- BECAUSE OF THAT RECOGNITION. SO REGULATION, IT'S A --
WE'RE NOT REGULATING AT THIS POINT, WE ARE -- WE ARE EMPOWERING,
HOWEVER, THE ATTORNEY GENERAL TO -- TO FOLLOW THROUGH AND MAKE SURE
THAT COMPANIES ARE COMPLYING. OR -- OR ENABLING HER TO FINE WHERE
THEY ARE NOT COMPLYING.
MR. LAWLER: BUT IF WE'RE SAYING THAT THEY NEED TO
COME UP WITH SOME MECHANISM TO REPORT AND THEY NEED TO LET US KNOW
HOW THEY MAY RESPOND TO HATEFUL CONDUCT, WHAT IF THEIR RESPONSE IS,
YOU KNOW, THAT THEY'RE NOT GOING TO REMOVE IT? THAT'S A RESPONSE. I
MEAN, SO THE ATTORNEY GENERAL IS GOING TO BE ABLE TO GO AFTER THEM FOR
NOT REMOVING WHAT SHE DEEMS HATEFUL?
MS. FAHY: THIS DOES NOT EMPOWER HER IN THAT
REGARD. AGAIN, THAT MAY BE OTHER LEGISLATION, BUT -- BUT THIS DOES NOT --
UNFORTUNATELY, DOES NOT EMPOWER HER. BUT I THINK SOME OF THIS IS THE
MORALITY OF -- OF THE SITUATION. WHAT WE ARE TRYING TO GO AFTER HERE,
AGAIN, WITH BILLIONS OF POSTS EVERY DAY, WE REALLY ARE TRYING TO TARGET
THIS ON INCITING VIOLENCE. THE -- THE HATEFUL CONDUCT MOVING TOWARD
THAT INCITING OF VIOLENCE, RIGHT? SO IT'S A -- IT'S A -- IT'S A HIGHER
THRESHOLD THAN JUST CALLING YOU A NAME OR CALLING ME A NAME. WE'VE
ALL BEEN CALLED NAMES HERE. BUT IT'S -- IT'S MOVING TOWARD THAT INCITING
OF VIOLENCE, THE HATEFUL CONDUCT --
MR. LAWLER: WELL --
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MS. FAHY: -- MOVING TOWARD VIOLENCE TOWARD
TARGETED CLASSES OF PEOPLE.
MR. LAWLER: I -- I THINK WHERE SOME OF THE
CONCERN IS AND -- AND THE NEW YORK CIVIL LIBERTIES UNION RAISED,
OBVIOUSLY, THE ISSUE OF THIS BE -- THIS BILL BEING PREEMPTED BY FEDERAL
LAW AND POTENTIALLY PRESENTING A FIRST AMENDMENT PROBLEM, BUT REALLY
THE DEFINITION OF HATEFUL CONDUCT BEING QUITE VAGUE, AND WHERE WE SAY
VILIFY, HUMILIATE OR INCITE VIOLENCE. SO IT'S NOT JUST THE VIOLENCE PART,
IT'S VILIFYING AND HUMILIATING. SO THE -- THE -- IT'S NOT AND, IT'S OR. SO I
GUESS THE QUESTION BECOMES WHO'S COMING UP WITH THE DEFINITION OF
VILIFY OR HUMILIATE, WHICH IS PART OF WHAT MY COLLEAGUE WAS ASKING AT
THE BEGINNING. THIS IS, YOU KNOW, YOUR DEFINITION OF WHAT IT IS TO VILIFY
SOMEBODY, YOU KNOW, LET'S SAY I POSTED A PICTURE OF SOMEBODY WEARING
A FANNY PACK AND -- AND, YOU KNOW, MADE A JOKE ABOUT IT, RIGHT? LIKE,
THAT MAY BE VILIFYING SOMEBODY OR -- OR HUMILIATING THEM. BUT WHAT IS
KIND OF THE -- WHAT'S THE DEFINITION? WHO -- WHO IS GOING TO DECIDE
THAT?
MS. FAHY: AGAIN, THIS WOULD BE -- YOU KNOW, THIS
WOULD BE A -- LAID WITH THE ATTORNEY GENERAL. AND I -- THE WAY THIS IS
READ IT REALLY IS, IN MY VIEW, IT'S -- IT'S THE -- THE WHOLE PHRASE OF -- IT'S
-- IT'S HATEFUL CONDUCT USING SOCIAL MEDIA NETWORKS TO VILIFY, HUMILIATE
OR INCITE VIOLENCE. I STILL THINK IT'S ALL -- IT'S ALL -- YOU COULD READ IT AS
MODIFYING VIOLENCE, HATEFUL CONDUCT MODIFYING THE VIOLENCE IS ONE
READ OF IT. HUMILIATING SOMEBODY -- AGAIN, WITH BILLIONS OF POSTS EVERY
DAY, I DON'T THINK THE ATTORNEY GENERAL IS LOOKING FOR POSTS THAT MAY
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HURT YOUR FEELINGS OR HUMILIATE -- YOU KNOW, DIFFERENT PEOPLE MAY BE
HUMILIATED WITH DIFFERENT THINGS. IT REALLY IS LEANING TOWARD THAT
HATEFUL CONDUCT AND LEADING TOWARD VIOLENCE. I MEAN, THAT'S WHAT --
THAT'S WHAT WE'RE REALLY TRYING TO GET AT. THAT'S THE PATTERN THAT WE ARE
SEEING ALL TOO REPEATEDLY, REPEATEDLY WITH THE -- THE PROFILES THAT HAVE
BEEN DONE OF MASS MURDERERS.
MR. LAWLER: SO -- SO THE INTENT IS NOT SO MUCH TO
GO AFTER POLITICAL SPEECH, BUT JUST --
MS. FAHY: NO.
MR. LAWLER: -- BUT TO GO AFTER THOSE WHO WOULD
USE SOCIAL MEDIA PLATFORMS TO SUGGEST THAT OTHERS, YOU KNOW, COMMIT
VIOLENT ACTS OR -- OR SUGGEST THAT THEY ARE GOING TO COMMIT VIOLENT ACTS?
MS. FAHY: THAT'S MORE HOW I READ IT. AGAIN, I
THINK THAT WORD INCITING VIOLENCE IS -- IS PROBABLY THE KEY WORD HERE.
AND I THINK WE NEED A HIGH THRESHOLD, RIGHT? WE WANT -- WE WANT
THESE NETWORKS WORKING, COOPERATING. WE WANT THEM HAVING THAT CLEAR
AND CONCISE POLICY OF -- OF WHAT THEY'RE MONITORING, BUT WE ALSO WANT
THAT REPORTING MECHANISM. AGAIN, WE -- WHAT I'VE READ, SEE
SOMETHING, SAY SOMETHING IN NEW YORK CITY HAS BEEN SOMEWHAT
EFFECTIVE, RIGHT? THE AIRPORTS USE IT. IT'S -- IT'S -- IT'S BEEN -- SO THIS IS --
IN MY VIEW, THIS IS SIMILAR TO THAT. WE ARE LOOKING FOR THAT ASSISTANCE.
IN NEW YORK CITY IT'S FROM THE PUBLIC, HERE IT IS FROM THE SOCIAL MEDIA
PLATFORMS BECAUSE THERE IS NO WAY ANY GOVERNMENT ENTITY CAN MONITOR
BILLIONS UPON BILLIONS OF POSTS EVERY DAY.
MR. LAWLER: OH, I -- I AGREE WITH THAT.
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MS. FAHY: SO I SEE IT AS A HIGH THRESHOLD.
MR. LAWLER: I AGREE WITH THAT. I THINK SOME OF
THE CONCERN REALLY AS WE'VE SEEN OVER THE LAST COUPLE YEARS, I MEAN, I --
I -- PERSONALLY, I THINK SOCIAL MEDIA IS GENERALLY TOXIC.
MS. FAHY: YES.
MR. LAWLER: IT -- IT IS -- THERE'S VERY FEW POSITIVE
THINGS ON IT. YOU KNOW, PEOPLE ARE JUST KEYBOARD WARRIORS. YOU
KNOW, THEY'RE -- THEY'RE HAPPY TO ATTACK. MANY OF THE THINGS THAT
PEOPLE WOULD SAY ON SOCIAL MEDIA THEY'D NEVER SAY TO YOUR FACE.
MS. FAHY: YES.
MR. LAWLER: SO IT -- IT'S -- I THINK GENERALLY
SPEAKING IT -- IT -- IT'S BECOME A VERY TOXIC COMPONENT TO OUR POLITICAL
DISCOURSE. I DON'T THINK THERE'S MANY INTELLIGENT DISCUSSIONS ON SOCIAL
MEDIA. IT IS A LOT OF ECHO CHAMBERING GROUP THINKING AND PEOPLE JUST
WANTING TO REINFORCE THEIR OWN PERSPECTIVES. AND FRANKLY, I THINK THE
WAY THE SOCIAL MEDIA COMPANIES HAVE OPERATED WITH THEIR ALGORITHMS,
THEY FEED INTO THAT.
MS. FAHY: YES.
MR. LAWLER: SO THAT I THINK IS SOMETHING THAT
DOES NEED TO BE LOOKED AT AND -- AND REGULATED FROM A FEDERAL
PERSPECTIVE. I DO HAVE CONCERN ABOUT STATE-BY-STATE-BY-STATE TRYING TO
REGULATE SOMETHING THAT REALLY CROSSES STATE BOUNDARIES. AND I THINK
ALSO THERE IS A PROBLEM WHERE SOME OF THESE SOCIAL MEDIA COMPANIES
ARE NOT CONSISTENT IN HOW THEY APPLY THEIR OWN INTERNAL RULES WITH
RESPECT TO VILIFYING, HUMILIATING OR INCITING VIOLENCE. THEY SEEM TO BE
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NYS ASSEMBLY JUNE 1, 2022
OKAY WHEN THINGS ARE SAID ABOUT CERTAIN PEOPLE OR GROUPS AND
OBVIOUSLY NOT WHEN THINGS ARE SAID ABOUT OTHERS. WE SHOULD BE
CONSISTENT IN HAVING ZERO TOLERANCE FOR ANYONE INCITING VIOLENCE IN ANY
WAY, WHETHER IT'S STORMING A CAPITOL, WHETHER IT IS TAKING CONTROL OF A
FEDERAL COURTHOUSE FOR, YOU KNOW, NEARLY 100 DAYS. THERE SHOULD BE
NO TOLERANCE FOR ANY OF IT. AND I -- AND I THINK THAT'S WHERE THERE HAS
BEEN --
(BUZZER SOUNDS)
-- A LACK OF CONSISTENCY ACROSS THE BOARD ON THIS.
ACTING SPEAKER AUBRY: MR. LAWLER, YOU HAVE
EXPENDED YOUR TIME.
MR. LAWLER: HAPPILY.
ACTING SPEAKER AUBRY: THANK YOU.
MS. FAHY: IF -- IF I COULD JUST ADD ON -- ON THE BILL
AND IN RESPONSE. WE FULLY AGREE ON EVERYTHING YOU MENTIONED, AND
YES, SOCIAL MEDIA HAS BECOME QUITE TOXIC. I WOULD MAKE ONE
EXCEPTION TO THAT, AND THAT IS I DON'T BELIEVE WE CAN WAIT ON THE FEDERAL
GOVERNMENT ANYMORE BEFORE WE CAN MORE PROACTIVELY REQUIRE THE
MEDIA COMPANIES THEMSELVES TO DO THIS AND BEGIN TO WORK TO MONITOR
THEM.
ACTING SPEAKER AUBRY: MR. ANGELINO.
MR. ANGELINO: THANK YOU, MR. SPEAKER. WILL
THE MADAM SPONSOR YIELD FOR A COUPLE OF QUESTIONS?
ACTING SPEAKER AUBRY: MS. FAHY, WILL YOU
YIELD?
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MS. FAHY: SURE.
ACTING SPEAKER AUBRY: MS. FAHY YIELDS.
MR. ANGELINO: THANK YOU, SIR. THANK YOU VERY
MUCH FOR INDULGING ME WITH A COUPLE OF QUICK QUESTIONS. I HAVE SOME
GRAVE CONCERNS ABOUT FIRST AMENDMENT RIGHTS WITH THIS, AND I THINK
MANY IN MY CAUCUS DO. MAYBE YOU CAN HELP ALLEVIATE SOME OF THAT
BECAUSE I AGREE THIS IS SOMETIMES, AS MY COLLEAGUE IN FRONT JUST SAID, IT
CAN REALLY GET INCITEFUL AT TIMES. I'M READING PARAGRAPH A -- EXCUSE
ME, -- YES, IT'S PARAGRAPH A, THE CLASSES OF PEOPLE BASED ON RACE, COLOR,
RELIGION, ETHNICITY, NATIONAL ORIGIN, DISABILITY, SEX, SEXUAL ORIENTATION,
GENDER OR GENDER EXPRESSION. WOULD THIS INCLUDE -- A BUZZ THING
HAPPENING RIGHT NOW IS GENDER PRONOUNS. WOULD THAT BE SOMETHING
THAT -- IS THAT INCITEFUL OR HUMILIATING (INAUDIBLE) THIS BILL?
MS. FAHY: I'M NOT THE ATTORNEY GENERAL, BUT I DON'T
-- I DON'T READ IT AS -- THAT AS HATEFUL CONDUCT NOR AS ANY ABILITY TO LEAD
TOWARD INCITING VIOLENCE.
MR. ANGELINO: WE -- WE'VE SEEN RECENTLY A LOT OF
THAT IS BEING USED RIGHT NOW FOR -- AGAINST -- THE BIG CASE WAS A HIGH
SCHOOL STUDENT WHO REFUSED AND SAID IT WAS HIS RIGHT TO USE A DIFFERENT
PRONOUN. BUT ANOTHER CASE, AND IT'S NOT COVERED ON HERE AND IT CAN GET
QUITE -- QUITE HEATED IS DEBATE ON SPORTS TEAMS, AND THAT LANGUAGE CAN
SOMETIMES TURN INTO, WE'RE GONNA -- WE'RE GONNA MURDER YOU OR THINGS
LIKE THAT. THESE AREN'T GOING TO TRIGGER SOME SORT OF ALGORITHM ON A
WEBSITE PAGE AND SAY, OH, MY GOSH, YOU KNOW, RED FLAG THIS GUY.
MS. FAHY: QUITE FRANKLY, AGAIN, SINCE THEY -- MANY
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SOCIAL MEDIA PLATFORMS HAVE BECOME QUITE SOPHISTICATED AND QUITE
PROFICIENT AT CREATING ALGORITHMS. I WOULD THINK IF SOMEBODY IS TALKING
ABOUT THE MURDER OF ANY GROUP OR CLASS OF INDIVIDUALS THAT IT WOULD
TRIGGER A MINIMUM REPORTING MECHANISM.
MR. ANGELINO: I KNOW I HAVE BEEN ON VETERANS'
CHAT GROUPS WE WERE TALKING ABOUT THE PROBLEM OF SUICIDE AMONGST
VETERANS, AND ALL OF A SUDDEN WE ALL HAVE BEEN FLAGGED AND WE GET THE
CRISIS HOTLINE NUMBER DIRECTED TO US THROUGH A DIRECT MESSAGE. SO I'M
JUST CONCERNED THAT THE CLASSES IN THERE, IT'S NOT GOING TO BE LIKE
EMPLOYMENT. LIKE, WE'RE NOT GOING TO BE PROTECTED HERE. WE'RE
SUPPOSED TO HAVE THICK SKIN AND TAKE THIS.
MS. FAHY: WE'RE SUPPOSED TO HAVE WHAT? I'M
SORRY.
MR. ANGELINO: THICK -- WE'RE SUPPOSED TO HAVE
THICK SKIN AND TAKE THESE THREATS?
MS. FAHY: WELL, AGAIN, I THINK DEPENDING UPON THE
GROUP OR -- OR CLASS OF PERSONS, AGAIN, IF IT IS TO INCITE VIOLENCE WE
WOULD WANT SOMETHING LIKE THAT REPORTED. BUT GENERALLY -- GENERALLY,
AGAIN, THIS IS TARGETED AT -- AT THE GROUPS OR CLASSES OF PERSONS BASED ON,
AGAIN, THEIR RACE, COLOR, RELIGION, ETHNICITY, NATIONAL ORIGIN, DISABILITY,
SEX, SEXUAL ORIENTATION, GENDER IDENTITY OR GENDER EXPRESSION. SO IT IS
-- BUT -- BUT -- BUT THAT IS A NEXT STEP FOR -- FOR INDIVIDUALS. SO THE CASE
EARLIER WHERE IT'S TARGETING A GANG MEMBER FOR MURDER, THAT IS NOT --
THAT'S NOT SOMETHING COVERED UNDER THIS BILL.
MR. ANGELINO: THANK YOU VERY MUCH.
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NYS ASSEMBLY JUNE 1, 2022
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. ANGELINO: WELL, EARLIER THIS YEAR IN MY
POSITION AS ASSEMBLYMEMBER SOMEBODY THREATENED ME, AND THE BCI
DOWNSTAIRS GOT INVOLVED. IT DIDN'T REALLY BOTHER ME TOO MUCH, BUT I
KNOW THE -- THE HR STAFF HERE WAS CONCERNED ABOUT IT. BUT I'M KIND OF
USED TO THAT FROM MY PREVIOUS LIFE, WHICH BRINGS ME TO A REAL GROUP OF
PEOPLE WHO HAVE BEEN HUMILIATED AND VILIFIED, AND THAT'S THE CLASS OF
PEOPLE WHO ARE OUR LAW ENFORCEMENT OFFICERS. THAT'S REAL HATRED THERE
THAT'S BEING DIRECTED AT THEM, PARTICULARLY A COUPLE YEARS AGO IN THE
HEAT OF THE -- THE GEORGE FLOYD MURDER. AND WE'RE NOT JUST TALKING
SOUR GRAPES, WE'RE TALKING REAL HATRED. YOU KNOW, I -- THE NYPD
COMES TO MIND PRETTY QUICKLY BECAUSE WE SAW VIDEOS DOWN THERE THAT
TURNED INTO A COTTAGE INDUSTRY OF PEOPLE PULLING WATER BOTTLES OUT OF A
FANNY PACK RIGHT UP TO FIVE-GALLON BUCKETS OF WATER BEING POURED ON
THOSE NYPD OFFICERS. AND I -- IF YOU'VE EVER SAW THE VIDEO YOU
WOULD DEFINITELY AGREE THEY WERE HUMILIATED AND THEY REALLY HAD NO
COURSE OF ACTION AFTER THAT. I DON'T KNOW EXACTLY. I'M LISTENING TO THE
DEBATE. I HOPE THERE'S MORE BECAUSE I'M UNDECIDED IN THIS, BUT I WANT
TO THANK THE SPONSOR FOR TRYING TO DO SOMETHING IN LIGHT OF WHAT'S BEEN
GOING ON.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MS. GLICK.
MS. GLICK: THANK YOU, MR. SPEAKER. BRIEFLY, I
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WOULD LIKE TO MAKE A FEW COMMENTS. FIRST, THANK THE SPONSOR FOR
BRINGING THIS FORWARD, BUT I WOULD LIKE TO SAY THAT NOT EVERYTHING
(INAUDIBLE) OUR WORLD ON SOCIAL MEDIA IS COARSE AND MAYBE A LITTLE OVER
AGGRESSIVE IN -- IN SOME INSTANCES. BUT NOT ALL SOCIAL MEDIA IS LIKE
THAT. THERE ARE A WHOLE RANGE OF FOLKS ON, WHETHER IT'S FACEBOOK OR
TWITTER, THAT FOCUS ON THINGS LIKE NATURE. AND THEY'RE REALLY QUITE
SPECIFIC AND VERY SOOTHING. I LIKE TO RE-TWEET SOME STUFF AROUND BIRDS.
SOME OF THE PEOPLE WHO FOLLOW ME BECAUSE OF MY POLITICAL INVECTIVE
TOOK EXCEPTION TO THE FACT THAT THERE WERE JUST TOO MANY BIRDS, WHICH I
THOUGHT WAS THEIR PROBLEM, NOT MINE. BUT AS YOU MAY KNOW, AS
ELECTED OFFICIALS WE ARE NOT SUPPOSED TO ACTUALLY BLOCK PEOPLE ON
TWITTER. THERE WAS A COURT CASE, AND AT THE HIGHEST LEVEL, PRESIDENT
TRUMP, AND SO WE CANNOT BLOCK PEOPLE. BUT WHAT WE CAN DO ON OUR
OWN TWITTER FEED, AND I PRESUME -- I'M NOT ON FACEBOOK, BUT I
PRESUME THERE, TOO -- THAT YOU CAN SET UP A CRITERIA FOR BLOCKING. AND
IF YOU ADMINISTER IT IN AN EVEN-HANDED WAY YOU CANNOT BE, I PRESUME,
SUED FOR BLOCKING SOMEONE. SO I DON'T THINK IT'S ROCKET SCIENCE, AND I
THINK WE WOULD EXPECT THAT THE GENIUSES WHO CAN PROGRAM AND
DEVELOP ALGORITHMS COULD FIGURE OUT A WAY, A MORE EFFICIENT WAY THAN
THEY HAVE THUS FAR TO DO THAT. SO I UNPINNED THAT TWEET WITH MY
BLOCKING CRITERIA SO ANYBODY WHO GOES TO MY SITE SEES IT. POSTING OF
MISTAKEN OF FACTS, UNSAVORY COMMENTS ABOUT PERSONAL LIVES, THREATS OF
HARM, POSTS OR PEOPLE ENGAGED IN OR AFFILIATED WITH CHILD OR REVENGE
PORN -- THAT WAS TO GET AT SOMEBODY WHO WAS ACTUALLY THREATENING TO
SUE ME. POSTS OR PEOPLE ENGAGED IN OR AFFILIATED WITH SEXUAL ASSAULT,
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USING ABUSIVE, SCATOLOGICAL OR INAPPROPRIATE LANGUAGE. IT HAS CLEANED
UP SOME OF THE COMMENTS, BUT I DON'T THINK THAT IT IS ANYTHING THAT
THESE TECH COMPANIES COULDN'T FIGURE OUT HOW TO DO A BETTER JOB OF.
AND THEY REALLY OWE IT TO SOCIETY BECAUSE IT HAS BEEN PERNICIOUS AND IT
HAS BEEN USED TO ORGANIZE VIOLENT ACTIVITIES. AND SO THEY HAVE A
RESPONSIBILITY BECAUSE THEY'RE MAKING MONEY SELLING ADS, SELLING
PRIVATE INFORMATION AS THEY TRACK US IN OUR SEARCHES ONLINE. THEY OWE
IT TO SOCIETY TO BE MORE RESPONSIBLE. AND I WANT TO THANK THE SPONSOR
FOR HER EFFORT TO REQUIRE THEM TO DO A BETTER JOB OF REMOVING THE POISON
THAT IS UNDERMINING OUR CONFIDENCE IN FACTS, IN REALITY, CREATING
DIVISION AND UNDERMINING OUR ABILITY TO GET ALONG WITH EACH OTHER.
SO I WANT TO THANK THE SPONSOR. I THINK IT'S A
MEASURED APPROACH. AS SHE HAS SAID, A FIRST STEP, BUT IT IS A SIGNAL TO
THESE PLATFORMS THAT THEY ACTUALLY HAVE SOME RESPONSIBILITY. THEY LIKE
TO SAY, WE'RE A TECH COMPANY, AND THERE'S NOTHING -- YOU KNOW, THEY'RE
NOT RESPONSIBLE FOR ANYTHING. BUT THEY'RE MAKING MONEY AND THEY'RE
USING YOUR INFORMATION AND SELLING IT TO DATA BROKERS. SO THEY ARE, THEY
ARE -- PART OF THEIR WORK IS TO BE MORE RESPONSIBLE AND TO STOP CREATING
A VEHICLE FOR DIVISION, MISINFORMATION, DISINFORMATION AND VIOLENCE
AND DIVISION AMONGST US.
SO I APPRECIATE YOUR TIME, MR. SPEAKER, AND I WANT TO
THANK THE SPONSOR FOR BRINGING THIS FORWARD.
ACTING SPEAKER AUBRY: THANK YOU.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR.
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NYS ASSEMBLY JUNE 1, 2022
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. GOODELL: FIRST, I THINK IT SHOULD BE REALLY
CLEAR THAT THIS BILL DOESN'T -- ISN'T REALLY AIMED AT CONDUCT AT ALL. IT'S
AIMED AT SPEECH. SOMEONE SAYS HATEFUL CONDUCT, BUT WHAT WE'RE REALLY
TALKING ABOUT IS HATEFUL SPEECH ON SOCIAL PLATFORMS. AND IT REGULATES
THREE TYPES OF SPEECH: SPEECH THAT VILIFIES, SPEECH THAT HUMILIFIES AND
SPEECH THAT INCITES VIOLENCE. THE FIRST AMENDMENT HAS ALWAYS BEEN
VERY CLEAR THAT SPEECH THAT INVOLVES HUMILIATION OR VILIFICATION IS
GENERALLY PROTECTED. AND IF YOU WANT TO SEE AN EXAMPLE OF THAT YOU
CAN SEE HOW MSNBC TREATS REPUBLICANS OR FOX NEWS TREATS
DEMOCRATS, AND IT SEEMS LIKE IT'S THEIR SPORT TO TRY TO VILIFY OR HUMILIATE
THE OPPOSITE PARTY. THAT SPEECH IS PROTECTED. ALWAYS HAS BEEN. THE
THIRD CATEGORY IS SPEECH THAT INCITES VIOLENCE. THAT SPEECH HAS NEVER,
EVER BEEN PROTECTED. AND WE ALREADY HAVE ACTIONABLE CAUSES OF ACTION
HERE IN NEW YORK STATE WHICH HAVE BEEN AROUND FOR DECADES IF YOU'RE
A VICTIM OF SPEECH THAT'S INCITED VIOLENCE. AS MY COLLEAGUES
MENTIONED, THE PROBLEM WHEN WE TRY TO PASS LEGISLATION THAT REGULATES
SPEECH, WE KNOW THAT WE HAVE TO BE VERY CAREFUL TO BE CONSISTENT WITH
THE CONSTITUTION. AND SO WHAT WE'RE REALLY TRYING TO REGULATE IS SPEECH
THAT'S ON A PLATFORM THAT IN MOST CASES IS OUTSIDE OF NEW YORK STATE.
IT'S MAINTAINED BY COMPANIES THAT ARE EITHER NATIONAL OR INTERNATIONAL.
SO IF YOU LOOK AT SOME OF THE EXAMPLES -- THIS, BY THE WAY, DOESN'T
REGULATE SPEECH THAT INCITES VIOLENCE AGAINST ANYONE, IT HAS TO BE
VIOLENCE THAT'S INCITED AGAINST CERTAIN PEOPLE BASED ON RELIGION, RACE,
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NYS ASSEMBLY JUNE 1, 2022
COLOR, CREED, ETHNICITY, NATIONAL ORIGIN. WHICH IS SOMETHING --
SOMEWHAT INTERESTING BECAUSE I WOULD GUESS IF YOU GOT ON THE INTERNET
RIGHT NOW YOU'D FIND A LOT OF ARTICLES THAT ARE VERY INCITE -- AIMED AT
INCITING VIOLENCE TOWARD RUSSIANS OR UKRAINIANS OR WHATEVER GROUP
MAY BE IN A VIOLENT SITUATION RIGHT NOW.
SO I JUST URGE MY COLLEAGUES, MAKE NO MISTAKE ABOUT
IT, THIS IS A BILL THAT PURPORTS TO REGULATE SPEECH AND IN DOING SO IT NEEDS
TO BE NARROWLY TAILORED TO MEET A STRONG LEGITIMATE INTEREST OF
GOVERNMENT OR IT'S INVALID. SO NOBODY HERE IN THIS ROOM -- I DON'T
THINK ANYONE HERE IN THIS ROOM SUPPORTS HATEFUL SPEECH. I HOPE
NOBODY INTENTIONALLY USES SPEECH THAT HUMILIATES OR EMBARRASSES
ANYONE ELSE OR -- OR VILIFIES ANYONE ELSE. I THINK THAT'S INAPPROPRIATE.
BUT I ALSO RECOGNIZE, AS ALL OF US DO AS POLITICIANS, THAT WE'RE THE
SUBJECT OF THAT SPEECH ON A REGULAR BASIS, AND THAT'S -- THAT'S ONE OF THE
NATURES OF OUR -- OF OUR DEMOCRACY THAT WE ALLOW UNCOMFORTABLE
SPEECH AND WE DON'T LEAVE IT TO SOME FOREIGN CORPORATION TO DECIDE
WHAT SPEECH IS TOO UNCOMFORTABLE OR TOO HUMILIATING OR TOO VILIFYING.
THAT'S NOT A ROLE FOR US TO DO AS A STATE TO APPOINT PRIVATE COMPANIES TO
BE AUTOMATIC CENSORS OF LANGUAGE THAT WE OURSELVES FEEL
UNCOMFORTABLE WITH.
SO I VERY MUCH APPRECIATE THE SPONSOR'S DESIRE,
ABSOLUTELY SUPPORT YOU WITH EFFORTS TO CURB LANGUAGE THAT INCITES
VIOLENCE. I WOULD POINT OUT IT HAS BEEN ON OUR BOOKS FOR DECADES AND I
CONTINUE TO SUPPORT THAT LANGUAGE AND EXPANDING IT IN DIFFERENT
MEDIUMS MAKES SENSE TO ME. BUT I THINK THIS BILL NEEDS TO BE
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NYS ASSEMBLY JUNE 1, 2022
NARROWED SO THAT WE MEET CONSTITUTIONAL OBJECTIVES WHILE RECOGNIZING
THAT OUR COUNTRY HAS BEEN BUILT ON A FOUNDATION THAT ENCOURAGES ROBUST
AND SOMETIMES UNCOMFORTABLE SPEECH.
THANK YOU, SIR. AND AGAIN, THANK YOU TO THE SPONSOR
FOR HER EFFORTS.
I ALMOST FORGOT. YOU KNOW, I'VE BEEN WRESTLING WITH
THIS. I THINK MY CAUCUS IS GENERALLY GOING TO BE IN THE NEGATIVE, SIR.
PART OF THE CHALLENGE WHEN WE DEAL WITH SUBJECTIVE WORDS IS THAT IT
CREATES THE POTENTIAL FOR A DONNYBROOK BECAUSE THERE'S NO GENERAL
ACCEPTED MEANING OF WHAT'S MEANT BY HUMILIATE OR VILIFY. AND WHILE
WE ALL AGREE THAT VIOLENCE AND GENOCIDE, THOSE TYPES OF ACTIVITIES, ARE
CLEARLY OUTSIDE OF THE APPROPRIATE SCOPE, WE WANT TO MAKE SURE THAT WE
STAY AWAY FROM SUBJECTIVE TERMS RECOGNIZING THAT SOME THINGS THAT
SOME OF US LOVE, WHETHER IT'S SPEECH OR IN LIFE, OTHERS ABSOLUTELY HATE.
SO WE TRY TO STRIKE THAT BALANCE, SIR, AND AGAIN, THANK YOU FOR ALLOWING
ME TO COMMENT.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IN 180 DAYS.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 7865-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. AS YOU MENTIONED,
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NYS ASSEMBLY JUNE 1, 2022
THIS IS A PARTY VOTE. THE REPUBLICAN CONFERENCE IS GENERALLY OPPOSED
OVER OUR CONCERNS ON FREEDOM OF SPEECH AND THE FIRST AMENDMENT.
BUT CERTAINLY WE ARE OPPOSED TO HATEFUL SPEECH THAT INCITES VIOLENCE
AND WE DO SUPPORT RED-FLAG EFFORTS TO IDENTIFY PEOPLE AND HELP THEM
ADDRESS THEIR ISSUES. BUT THOSE WHO SUPPORT THIS CAN CERTAINLY VOTE YES
ON THE FLOOR OR CALL THE MINORITY LEADER'S OFFICE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: MS. HYNDMAN.
MS. HYNDMAN: MR. SPEAKER, I WOULD LIKE TO
REMIND MY COLLEAGUES THAT THIS IS A PARTY VOTE. ANY MEMBER WISHING
TO VOTE IN THE NEGATIVE IS WELCOME TO CALL THE MAJORITY LEADER'S OFFICE
AT THE NUMBER PREVIOUSLY PROVIDED.
THANK YOU.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER AUBRY: MS. FAHY TO EXPLAIN
HER VOTE.
MS. FAHY: THANK YOU, MR. SPEAKER, TO EXPLAIN MY
VOTE. AGAIN, THIS BILL WOULD REQUIRE SOCIAL MEDIA NETWORKS TO PROVIDE
A CLEAR AND CONCISE POLICY REGARDING HOW THEY WOULD RESPOND TO
INCIDENCES OF HATEFUL CONDUCT LEADING TOWARD THIS INCITING OF VIOLENCE
ON THEIR -- THEIR PLATFORMS AS WELL AS EASILY ACCESSIBLE MECHANISMS FOR
REPORTING THIS AND RESPONDING TO IT. IT DOES NOT TELL THEM HOW TO DO
THIS, IT SIMPLY SAYS THEY MUST HAVE ONE. THIS IS CUTTING EDGE, AS YOU
HEARD A LOT ABOUT TONIGHT. CUTTING EDGE LEGISLATION. WE'RE CHARTERING
SOME NEW TERRITORY HERE IN AN EFFORT TO BE PROACTIVE GIVEN THE REPEATED,
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NYS ASSEMBLY JUNE 1, 2022
REPEATED INCIDENCES OF WHERE, AGAIN, THE PROFILE OF MASS SHOOTERS THAT
80 PERCENT ARE SHOWING A CRISIS IN ADVANCE, AND OF THOSE AN ESTIMATED
ONE-HALF ARE ESTIMATED TO HAVE REVEALED THEIR PLANS AHEAD OF TIME ON
SOME TYPE OF SOCIAL MEDIA. WE NEED TO BE PROACTIVE. THERE ARE
ROUGHLY FIVE BILLION POSTS, SOCIAL MEDIA POSTS, DONE DAILY, DAILY. WE
NEED THE HELP. WE NEED THE HELP OF THOSE SOCIAL MEDIA COMPANIES.
WE KNOW JUST FROM THE HORRORS OF THE BUFFALO SHOOTER THAT -- THAT
MASSACRE JUST TWO WEEKS AGO, THERE WAS A 180-PAGE DOCUMENT FILED
ONLINE BEFORE THAT MASSACRE. ENOUGH IS ENOUGH. IN 2020, WELL BEFORE
THIS THE STATE DEPARTMENT SAID THAT RACIST VIOLENCE IS ON THE RISE AND
SPREADING, INCREASINGLY TARGETING MINORITY GROUPS SUCH AS IMMIGRANTS,
ETHNIC MINORITIES, LGBTQ AND OTHER, QUOTE, UNQUOTE, "PERCEIVED
ENEMIES." WE NEED A MULTI-PRONGED ATTACK. THAT'S MUCH ABOUT WHAT
NEW YORK HAS BEEN ABOUT THESE LAST FEW DAYS.
AND WITH THAT, MR. SPEAKER, I -- I THANK MY SENATE
SPONSOR, I THANK THE SPEAKER AND I THANK THE CHAIR OF THE SENATE --
SORRY, THE SCIENCE AND TECHNOLOGY FOR HELPING TO MOVE THIS BILL
FORWARD. AND WITH THAT I VOTE IN THE AFFIRMATIVE. THANK YOU, MR.
SPEAKER.
ACTING SPEAKER AUBRY: MS. FAHY IN THE
AFFIRMATIVE.
MR. LAVINE TO EXPLAIN HIS VOTE.
MR. LAVINE: THANK YOU. VERY, VERY BRIEFLY, I JUST
WANT TO CORRECT THE RECORD. I THINK DURING THE COLLOQUY THERE WAS --
SOMEONE MADE A REFERENCE TO THE FACT THAT THE SUPREME COURT HAD
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NYS ASSEMBLY JUNE 1, 2022
UPHELD THE TEXAS LAW. THE TEXAS LAW IS HB20. THE TEXAS LAW
PUNISHED PLATFORMS FOR REMOVING OFFENSIVE SPEECH. SO IT SEEMS TO ME
WHAT THIS BILL DOES IS REALLY JUST THE OPPOSITE. IT REQUIRES A SET OF
POLICIES AND IT PROVIDES INDIVIDUALS WITH THE ABILITY TO COMMUNICATE
WITH THE SOCIAL PLATFORM COMPANY IN ORDER TO LODGE CONCERNS ABOUT
CONTENT AND CONDUCT. YES, IT'S A DANGEROUS NEW WORLD WE'RE ALL
INVOLVED IN. NOTHING NEW THERE, I THINK THAT'S BEEN THE STORY OF OUR
LIVES. BUT I THINK THAT THIS IS A STEP IN THE RIGHT DIRECTION AND I'M GOING
TO BE VERY PLEASED TO VOTE FOR IT.
THANK YOU.
ACTING SPEAKER AUBRY: MR. LAVINE IN THE
AFFIRMATIVE.
MR. DURSO TO EXPLAIN HIS VOTE.
MR. DURSO: THANK YOU, MR. SPEAKER, TO EXPLAIN
MY VOTE. I WANT TO AGREE WITH THE SPONSOR AND THANK YOU BECAUSE,
AGAIN, I APPLAUD YOUR EFFORTS ON THIS AND I DO AGREE WITH YOU THAT WE
NEED TO DO SOMETHING. THE PROBLEM IS, THIS BILL IN THE END IS GOING TO
DO NOTHING AND THAT'S MY CONCERN. I'M WORRIED THAT IT MAY LULL US INTO
A FALSE SENSE OF SECURITY. HAVING A REPORT BUTTON ON SOCIAL MEDIA
WEBSITES IS A GREAT THING AND I AGREE WITH IT. AND WE CAN'T HAVE HATEFUL
CONDUCT GOING, INCITING VIOLENCE AGAINST PROTECTED CLASSES AND I
COMPLETELY AGREE WITH YOU. THE PROBLEM IS THERE'S NO MECHANISM IN
PLACE AT THE CURRENT TIME FOR THE ATTORNEY GENERAL TO MOVE FORWARD
AND DO SOMETHING ABOUT THE CONDUCT THAT GOES UP ON A SOCIAL MEDIA
SITE THAT MAYBE BEGAN IN A DIFFERENT STATE. SO UNTIL WE GET THAT IN PLACE
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NYS ASSEMBLY JUNE 1, 2022
-- AGAIN, WE'RE PUTTING A BILL IN PLACE BEFORE WE FIGURE OUT HOW TO
ENFORCE IT. AND AGAIN, I JUST -- I'M CONCERNED WITH THE UNINTENDED
CONSEQUENCES THAT COULD COME OUT OF IT. I AGREE, SOMETHING NEEDS TO
BE DONE. I APPRECIATE THE EFFORTS TO DO SOMETHING. BUT AGAIN, I JUST -- I
-- I MORE FEAR THAT ONCE AGAIN WE'RE GOING TO PUT TOGETHER A TASK FORCE
OR A BILL OR PUT SOMETHING FORWARD, NO ONE'S GOING TO MEET, NOTHING'S
GOING TO GET DONE WITH IT, AND I FEEL THAT THERE COULD BE MORE HARM
THAN GOOD WITH THAT. I WOULD LOVE TO HELP YOU SPONSOR SOMETHING LATER
THAT WILL ACTUALLY LEAD TO SOMETHING AND THAT WE COULD DO SOMETHING,
MAYBE WRITE A LETTER TO THE FEDERAL GOVERNMENT, HAVE THEM DO IT. THEY
COULD DO IT THROUGHOUT THE STATES -- THE UNITED STATES. BUT NEW YORK
STATE, ONCE AGAIN, AS ONE OF MY COLLEAGUES SAID, WE'RE ALWAYS RUSHED
TO BE THE FIRST, BUT LET'S BE THE BEST. LET'S DO IT RIGHT. LET'S DO
SOMETHING TO ACTUALLY EFFECT CHANGE AND MAYBE WE COULD HELP SOME OF
OUR KIDS THAT DO GO ON SOCIAL MEDIA SITES. AND SOCIAL MEDIA, TO ME, IS
DISGUSTING. I CAN'T STAND IT. I NEVER HAVE UNTIL I RAN FOR OFFICE. I STILL
DON'T WANT IT. I THINK IT'S -- IT'S JUST HORRIBLE. BUT UNTIL WE CAN DO THAT
AND SOMEONE CAN ACTUALLY EFFECTUATE THE CHANGE AND HAVE THAT
MECHANISM IN PLACE, I JUST FEEL IT'S GOING TO DO NOTHING. SO I'M GOING
TO VOTE NO ON THIS BILL.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: MR. DURSO IN THE
NEGATIVE.
MS. WALLACE TO EXPLAIN HER VOTE.
MS. WALLACE: THANK YOU, MR. SPEAKER, FOR
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NYS ASSEMBLY JUNE 1, 2022
GIVING ME THE OPPORTUNITY TO EXPLAIN MY VOTE. I WANT TO COMMEND THE
SPONSOR FOR PUTTING FORTH THIS LEGISLATION WHICH, TO BE CLEAR, JUST
REQUIRES THE SOCIAL MEDIA COMPANIES TO HAVE A POLICY. IT'S NOT TELLING
THEM WHAT THAT POLICY SHOULD BE, IT'S NOT FORCING THEM TO -- TO APPLY
THEIR OWN POLICY. IT IS JUST TELLING THEM THAT THEY SHOULD HAVE A POLICY.
AND BECAUSE WE'RE NOT TELLING SOCIAL MEDIA COMPANIES WHAT THAT
POLICY SHOULD BE, IT DOES NOT, I DO NOT BELIEVE, IMPLICATE THE FIRST
AMENDMENT. PERSONALLY, I WISH WE WOULD GO FURTHER. I WISH WE
WOULD HOLD SOCIAL MEDIA COMPANIES ACCOUNTABLE FOR THEIR FAILURE TO
BETTER POLICE THEMSELVES AND POLICE THEIR CONTENT. WE KNOW FOR A FACT
THAT THE BUFFALO TERRORIST WAS INSPIRED AND RADICALIZED BY HATEFUL
CONDUCT THAT HE READ ON THE INTERNET. AND WE ALSO KNOW THAT HE
RECORDED THE MASSACRE FOR ALL TO SEE. DOING NOTHING IS NO LONGER AN
OPTION. SOCIAL MEDIA COMPANIES ARE MAKING BILLIONS OF DOLLARS OFF OF
THEIR PLATFORMS WITH ZERO, ZERO ACCOUNTABILITY. UNFORTUNATELY, AS HAS
BEEN SAID, WE ARE LIMITED IN WHAT WE CAN DO BECAUSE CONGRESS IN ITS
INFINITE WISDOM, OR I WOULD SUGGEST MAYBE LACK THEREOF, HAS FAILED --
HAS CHOSEN TO GIVE SOCIAL MEDIA COMPANIES COMPLETE IMMUNITY.
WHILE THAT MIGHT HAVE MADE SENSE WHEN THE INTERNET WAS FIRST STARTING,
I THINK GIVEN THE GOLIATH POSITION THAT THESE COMPANIES HAVE IN OUR
SOCIETY RIGHT NOW AND THE HARM THAT THEY ARE CAUSING, WE -- CONGRESS
SHOULD REVISIT THAT ISSUE. BUT IN THE MEANTIME I APPLAUD THE SPONSOR
FOR TRYING TO NIP THE EDGES AND ENCOURAGE SOCIAL MEDIA COMPANIES TO
START POLICING THEMSELVES.
SO I PROUDLY VOTE IN THE AFFIRMATIVE. THANK YOU.
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NYS ASSEMBLY JUNE 1, 2022
ACTING SPEAKER AUBRY: MS. WALLACE IN THE
AFFIRMATIVE.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD MY
COLLEAGUE MR. SMITH IN THE AFFIRMATIVE. THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 10, RULES REPORT NO. 318, THE CLERK WILL READ.
THE CLERK: SENATE NO. S05356, RULES REPORT NO.
318, SENATOR BRESLIN (A08159, BRONSON, FAHY, COLTON, REYES, STECK,
LUNSFORD, MCDONALD). AN ACT TO AMEND THE STATE FINANCE LAW, IN
RELATION TO THE COST EFFECTIVENESS OF CONSULTANT CONTRACTS BY STATE
AGENCIES AND ENSURING THE EFFICIENT AND EFFECTIVE USE OF STATE TAX
DOLLARS.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MR. BRONSON.
MR. BRONSON: YES, MR. SPEAKER. THIS BILL WOULD
REQUIRE STATE AGENCIES TO CONDUCT A COST COMPARISON BEFORE ENTERING
INTO CONTRACTS FOR CONSULTING SERVICES IF THAT CONTRACT IS ANTICIPATED TO
COST IN EXCESS OF $1 MILLION WITHIN A 12-MONTH PERIOD, AND THE ANALYSIS
WOULD BE FOR THE PURPOSES OF DETERMINING WHETHER SUCH SERVICES CAN
BE PERFORMED AT AN EQUAL OR LOWER COST BY UTILIZING STATE EMPLOYEES.
THE OBJECTIVE OF THE BILL IS TO ENSURE THE EFFICIENT AND EFFECTIVE USE OF
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NYS ASSEMBLY JUNE 1, 2022
STATE TAXPAYER DOLLARS.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU. WOULD THE SPONSOR
YIELD?
ACTING SPEAKER AUBRY: MR. BRONSON, WILL
YOU YIELD, SIR?
MR. BRONSON: YES, I WILL, MR. SPEAKER.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. GOODELL: THANK YOU VERY MUCH, MR.
BRONSON. AS YOU KNOW, THIS BILL HAS BEEN VETOED SEVERAL TIMES BY THE
FORMER GOVERNOR WHO DECIDED THAT THE COST OF DOING THIS ANALYSIS AND
THE DELAY WOULD ACTUALLY OVERALL INCREASE THE COST TO THE TAXPAYERS
RATHER THAN REDUCE COST. AND OF COURSE YOU AND I BOTH WANT TO KEEP
COST AS EFFICIENT AS POSSIBLE. THAT'S THE WHOLE PURPOSE OF YOUR BILL.
HAS THIS BILL BEEN CHANGED SINCE THEN TO ADDRESS THOSE CONCERNS?
MR. BRONSON: ACTUALLY, I THINK THE VETO MESSAGES
INDICATED THAT THE GOVERNOR IN HIS BELIEF INDICATED THAT AGENCIES WERE
ALREADY DOING THIS ANALYSIS, WHICH I DISAGREE WITH, AND ALSO THAT THERE
MAY BE A DELAY IN GOING FORWARD WITH LETTING OUT CONTRACTS. I DON'T
BELIEVE THE GOVERNOR INDICATED IN HIS VARIOUS VETO MESSAGES THAT THE
COST OF PERFORMING THE ANALYSIS WOULD BE PROHIBITIVE.
MR. GOODELL: YOU INDICATED THAT THE GOVERNOR,
WHO IS OF COURSE THE HEAD OF THE EXECUTIVE BRANCH, THOUGHT THE
EXECUTIVE BRANCH WAS ALREADY DOING IT. YOU DIDN'T THINK THE
EXECUTIVE BRANCH WAS DOING IT. HOW WOULD YOU KNOW WHETHER OR NOT
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THEY'RE DOING IT?
MR. BRONSON: WELL, BECAUSE IN HIS VETO MESSAGE
THE GOVERNOR INDICATED IN ALL OF HIS VETO MESSAGES THAT THE ANALYSIS,
ONE, ESTABLISHES AND DOCUMENTS THE NEED FOR SERVICES; TWO, ENSURES
THAT THE COST IS REASONABLE; AND THREE, ANALYZE THE EXISTENCE OF NEEDED
RESOURCES AVAILABLE AT AN AGENCY. THOSE THREE ITEMS ARE INCLUDED IN
THIS ANALYSIS, BUT THIS ANALYSIS REQUIRES MUCH MORE. SO I WOULD ARGUE
TO THE GOVERNOR IN HIS VETO MESSAGES THAT THAT IS NOT THE SAME ANALYSIS
THAT WOULD BE REQUIRED IF THIS PIECE OF LEGISLATION WERE TO BECOME LAW.
MR. GOODELL: I GUESS MY QUESTION REMAINS,
THOUGH, HOW WOULD YOU KNOW WHETHER THIS BILL IS BEING IMPLEMENTED
ASSUMING WE PASSED IT AND THE NEW GOVERNOR SIGNS IT? HOW WOULD
YOU KNOW THAT?
MR. BRONSON: IF -- IF IT'S BEING IMPLEMENTED?
BECAUSE WE WOULD KNOW IF -- THERE'S TWO CRITERIA. IF IT'S TEN PERCENT OR
MORE THERE'S A REQUIREMENT TO DO A BUSINESS PLAN. THAT BUSINESS PLAN
WOULD BE REVIEWED BY THE COMPTROLLER. IF IT IS TEN PERCENT OR LESS
MORE, THEN THERE IS A PERMISSIVE ABILITY TO DO A BUSINESS PLAN THAT
WOULD ALSO BE SENT TO THE COMPTROLLER. SO WE WOULD KNOW WHETHER OR
NOT IT'S BEING DONE WHEN WE'RE REVIEWING CONTRACTS AND WHETHER THE
COMPTROLLER IS ISSUING REPORTS RELATED TO THOSE ANALYSIS.
MR. GOODELL: SO YOU WOULD LOOK AT THE
COMPTROLLER TO DO AUDITS OF THE EXECUTIVE BRANCH TO VERIFY WHETHER OR
NOT THEY WERE COMPLYING WITH THE COST ANALYSIS THAT WOULD BE CALLED
FOR UNDER THIS BILL?
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MR. BRONSON: THE -- THE COMPTROLLER WOULD BE
REQUIRED TO ISSUE A REPORT REGARDING THE INFORMATION RECEIVED FROM THE
SECOND FLOOR ON THEIR ANALYSIS.
MR. GOODELL: THANK YOU VERY MUCH, MR.
BRONSON. I APPRECIATE THOSE COMMENTS.
ON THE BILL, SIR.
MR. BRONSON: THANK YOU.
ACTING SPEAKER AUBRY: ON THE BILL.
MR. GOODELL: CERTAINLY I SHARE THE SPONSOR'S
CONCERN AND A DESIRE THAT WE OPERATE SAFELY AND AS EFFICIENTLY AS
POSSIBLE. THE GOVERNOR INDICATED THAT AT LEAST SOME LEVEL OF REVIEW IS
ALREADY BEING PERFORMED AS A MATTER OF ROUTINE AMONGST THE STATE
AGENCIES IN EVALUATING WHETHER THEY SHOULD DO WORK IN-HOUSE OR
CONTRACT IT OUT. THIS BILL TAKES THAT PROCESS AND MAKES IT MORE FORMAL,
AND PROVIDES AN INDEPENDENT VERIFICATION THROUGH THE COMPTROLLER, AS
THE SPONSOR YIELD -- OR MENTIONED. ONE OF THE CHALLENGES WE ALWAYS
WRESTLE WITH WHEN WE'RE DEALING WITH GOVERNMENT IS WHETHER OR NOT
THE PROCESS THAT WE USE TO MAKE SURE THAT WE'RE EFFICIENT ITSELF CREATES
US AN INEFFICIENT SITUATION. AND THAT'S EXACTLY THE CONCERN THAT'S BEEN
EXPRESSED BY THE AMERICAN COUNCIL OF ENGINEERING COMPANIES. THEY
SAID THIS BILL IS UNNECESSARY AND BURDENSOME AND THAT IT WILL SERVE ONLY
TO INCREASE BUREAUCRACY AND INEFFICIENCY WITHIN THE STATE CONTRACTING
PROCESS. THE BUSINESS COUNCIL ALSO WROTE THERE'S NO JUSTIFICATION FOR
THIS LEGISLATION, AS IT WOULD ONLY FURTHER BURDEN THE STATE BY EXPENDING
REVENUES TO PERFORM A TASK THAT THEY'RE ALREADY DOING. THAT WAS
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ECHOED BY THE AMERICAN INSTITUTE OF ARCHITECTS WHO SAID THE
REQUIREMENT WOULD ADD SEVERAL MONTHS TO THE FRONT END OF A PROJECT
AND DIVERT STAFF FROM THEIR CORE OF DUTIES. AND SO IN EVERY SITUATION
WHERE WE'RE ALL STRIVING - THE SPONSOR, MYSELF, EVERYONE ELSE IN THIS
ROOM - TO OPERATE STATE GOVERNMENT AS EFFICIENTLY AS POSSIBLE, WE JUST
WANT TO MAKE SURE THAT THE REVIEW PROCESS ITSELF DOESN'T COST MORE THAN
IT SAVES. AND I'LL JUST POINT OUT ONE SIMPLE EXAMPLE. WHEN I WAS
WORKING FOR THE COUNTY WE HAD AN AUDIT. AND WHEN THE AUDIT WAS
DONE ONE OF OUR DEPARTMENTS DISCOVERED A HALF-A-MILLION-DOLLAR ERROR
THAT HAD BEEN MISSED BY THE AUDITING COMPANY. AND I WAS VERY
THANKFUL THAT OUR OWN INTERNAL AUDITORS CAUGHT IT. OUR EXTERNAL
AUDITORS SAID, YOU KNOW, BASED ON THAT ERROR WE SHOULD AUDIT EVERY
SINGLE ONE OF YOUR ACCOUNTS. AND I SAID, THAT'S GREAT. HOW MUCH
WOULD IT CHARGE AND HOW MUCH DO YOU THINK YOU'RE GOING TO SAVE US?
AND THE ANSWER IS IT WOULD COST SEVERAL HUNDRED THOUSAND AND WE'D BE
LUCKY TO SAVE A FEW THOUSAND AND THE STUDY ITSELF EXCEEDED ANY
SAVINGS. AND FOR THAT REASON I THINK YOU'LL FIND THAT THE REPUBLICAN
CAUCUS IS GOING TO BE SPLIT. MANY OF US, IRONICALLY, MAY BELIEVE THE
GOVERNOR THAT THIS PROCESS IS ALREADY BEING CONDUCTED AS A MATTER OF
COMMONSENSE AND GOOD GOVERNMENT ON A ROUTINE BASIS AND A MORE
EXPENSIVE AND FORMALIZED PROCEDURE WON'T BE COST-EFFECTIVE. THERE'S
OTHERS OF US WHO MIGHT NOT BELIEVE THE GOVERNOR'S PROTESTATIONS IN THE
PAST AND THINK A MORE FORMAL PROCEDURE IS JUSTIFIED. AND SO I EXPECT
THE REPUBLICAN CAUCUS TO BE SOMEWHAT SPLIT, REFLECTING THAT QUESTION
OF WHETHER OR NOT THE COST OF THE STUDY WILL EXCEED THE BENEFIT.
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THANK YOU, SIR, AND AGAIN, THANK YOU TO MY COLLEAGUE.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IN 90 DAYS.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 5356. 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. BRONSON TO EXPLAIN HIS VOTE.
MR. BRONSON: YES, MR. SPEAKER. I ABSTAIN FOR THE
PURPOSES OF EXPLAINING MY VOTE. THIS BILL IS INTENDED TO SAVE TAXPAYER
DOLLARS AND FINDING EFFICIENCIES. IN NEW YORK STATE WE SPEND OVER $2
BILLION A YEAR ON CONSULTANT CONTRACTS, AND IN MANY CASES THESE
CONSULTANTS PERFORMED WORK THAT COULD BE DONE EASILY BY THE
PROFESSIONAL AND QUALIFIED INDIVIDUALS WE HAVE IN THE STATE WORKFORCE.
BY SOME ESTIMATES THE STATE SPENDS 32 PERCENT MORE ON STATE CONTRACTS
AND CONSULTING TODAY THAN IT DID A DECADE AGO. OVER THE YEARS VARIOUS
COMPTROLLERS, BOTH REPUBLICAN COMPTROLLERS AND DEMOCRAT
COMPTROLLERS, HAVE INDICATED WE COULD SAVE HUNDREDS OF MILLIONS OF
DOLLARS IF WE DID AN ANALYSIS TO DETERMINE WHETHER OR NOT WE COULD
IN-SOURCE THIS WORK VERSUS OUT-SOURCE THIS WORK. INDEED, THE FOLKS
WHO ARE OPPOSED TO THIS BILL ARE FOLKS WHO GET THESE CONTRACTS, SO THEY
HAVE A SELF INTEREST, A MONETARY INTEREST, TO SUGGEST THAT SOMEHOW THIS
IS GOING TO COST DELAYS AND BE MORE COSTLY WHEN, IN FACT, ANALYSIS BY
COMPTROLLERS, ANALYSIS BY AN ASSEMBLY TASK FORCE, ANALYSIS BY THE
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SENATE HAVE ALL CONCLUDED THAT IF WE DO THIS COMPARISON BEFORE LETTING
OUT CONTRACTS WE'RE GOING TO BE SAVING TAXPAYER DOLLARS, AND THOSE
DOLLARS IN TURN COULD BE USED TO SPEND ON THE IMPORTANT PROGRAMS THAT
WE PROVIDE AS A STATE.
MR. SPEAKER, I WITHDRAW MY REQUEST AND I WILL VOTE IN
THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. BRONSON IN THE
AFFIRMATIVE.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD MY
COLLEAGUE MR. SIMPSON 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.
PAGE 11, RULES REPORT NO. 366, THE CLERK WILL READ.
THE CLERK: SENATE NO. S02903-A, RULES REPORT
NO. 366, SENATOR KAVANAGH (A09877-A, CRUZ). AN ACT TO AMEND THE
CRIMINAL PROCEDURE LAW, IN RELATION TO REQUIRING THE COURT, PRIOR TO
ACCEPTING A PLEA, TO ADVISE THE DEFENDANT OF THE RISK OF DEPORTATION IF
HE OR SHE IS NOT A CITIZEN.
ACTING SPEAKER AUBRY: MR. MORINELLO.
(PAUSE)
MR. MORINELLO?
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MR. MORINELLO: AN EXPLANATION, PLEASE?
ACTING SPEAKER AUBRY: OH. USE THE MIC,
MR. MORINELLO. MY EARS ARE GETTING A LITTLE WORSE.
MR. MORINELLO: I'M SORRY. AN EXPLANATION,
PLEASE.
ACTING SPEAKER AUBRY: MS. CRUZ, AN
EXPLANATION HAS BEEN REQUESTED. THANK YOU.
MR. MORINELLO: IT'S GETTING LATE, MR. SPEAKER.
MS. CRUZ: THANK YOU. THIS IS A COURT NOTIFICATION
BILL, AN ACT TO AMEND THE CRIMINAL PROCEDURE LAW IN RELATION TO
REQUIRING THE COURT, PRIOR TO ACCEPTING A PLEA, TO ADVISE A DEFENDANT OF
THEIR RISK OF DEPORTATION IF HE OR SHE IS NOT A CITIZEN. THIS BILL WOULD
AMEND THE CRIMINAL PROCEDURE LAW TO REQUIRE THE COURT, PRIOR TO
ACCEPTING A GUILTY PLEA, TO ADVISE EVERY DEFENDANT OF THE RISK OF
DEPORTATION, DENIAL OF NATURALIZATION OR EXCLUSION FROM THE COUNTRY IF
HE OR SHE IS NOT A U.S. CITIZEN AND IS CONVICTED OF ANY OFFENSE. THIS
CHANGE WOULD REQUIRE JUDGES IN ALL CASES, FELONY AS WELL AS
MISDEMEANORS, TO GIVE THE FOLLOWING NOTICE TO DEFENDANTS ORALLY AND
ON THE RECORD AT ARRAIGNMENT AND PRIOR TO ACCEPTING A GUILTY PLEA. IF
YOU'RE NOT A CITIZEN OF THE UNITED STATES YOU MAY BECOME DEPORTABLE,
INELIGIBLE FOR NATURALIZATION OR INADMISSIBLE TO THE UNITED STATES BASED
ON A CONVICTION BY PLEA OR VERDICT.
MR. MORINELLO: THANK YOU. WILL THE SPONSOR
YIELD FOR A COUPLE OF QUESTIONS?
ACTING SPEAKER AUBRY: MS. CRUZ, WILL YIELD?
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NYS ASSEMBLY JUNE 1, 2022
MS. CRUZ: (INAUDIBLE)
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS,
SIR.
MS. CRUZ: CERTAINLY.
MR. MORINELLO: IS THERE A REQUIREMENT FOR A
NOTIFICATION OF THE ADMONISHMENT CURRENTLY?
MS. CRUZ: YES, THERE IS.
MR. MORINELLO: ALL RIGHT. AND WHO HAS THAT
OBLIGATION?
MS. CRUZ: CAN YOU -- CAN YOU SAY THAT A LITTLE BIT
LOUDER? I'M SORRY.
MR. MORINELLO: I'M SORRY. WHO HAS THAT
OBLIGATION?
MS. CRUZ: THE JUDGE HAS AN OBLIGATION TO PROVIDE
NOTIFICATION ON WHEN THERE IS A FELONY INVOLVED AND WHEN SOMEONE'S
TAKING A PLEA FOR A FELONY.
MR. MORINELLO: NO, MY QUESTION WAS WHO
CURRENTLY HAS THAT OBLIGATION?
MS. CRUZ: THE JUDGE.
MR. MORINELLO: THE JUDGE CURRENTLY HAS THE
OBLIGATION?
MS. CRUZ: YES. THE JUDGE HAS THAT OBLIGATION
WHEN IT'S A FELONY CASE AS WELL AS THE ATTORNEY. THE DEFENSE ATTORNEY.
MR. MORINELLO: ALL RIGHT. SO THEN WHAT IS THE
CHANGE IN THIS ONE IF THE JUDGE ALREADY HAS THE OBLIGATION?
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MS. CRUZ: WE'RE EXPANDING IT TO ALSO INCLUDE
MISDEMEANORS AND WE'RE STANDARDIZING THE LANGUAGE THAT IS USED
BECAUSE CURRENTLY WHILE WE ARE REQUIRING A JUDGE TO MAKE A
NOTIFICATION, WE ARE NOT SPECIFICALLY SAYING WHAT LANGUAGE THE JUDGE
SHOULD USE AND IT HAS RESULTED IN -- IN CERTAIN DEFENDANTS TAKING PLEAS
THAT THEY PERHAPS WOULD HAVE NOT TAKEN, AS WELL AS DEFENSE ATTORNEYS
NOT BEING ABLE TO REPRESENT THEIR CLIENTS TO THE BEST OF THEIR ABILITY.
MR. MORINELLO: BUT CURRENTLY THAT
ADMONISHMENT IS GIVEN TO PREVENT SOMEONE FROM TAKING A PLEA SO THAT
THEY WOULDN'T BE DEPORTED; AM I CORRECT?
MS. CRUZ: CURRENTLY -- I WOULD FRAME IT DIFFERENTLY.
IT'S NOT TO PREVENT SOMEONE, BUT IT'S TO ENSURE THAT SOMEONE HAS ENOUGH
INFORMATION WHEN THEY'RE MAKING THE DECISION TO TAKE THE PLEA. THE
PROBLEM IS THAT BECAUSE WE DON'T HAVE STANDARDIZED LANGUAGE YOU CAN
HAVE A JUDGE IN ONE COUNTY SAYING IT ONE WAY AND HAVING ONE OUTCOME,
VERSUS A JUDGE SAYING IT IN A COMPLETELY DIFFERENT WAY IN ANOTHER
COUNTY AND HAVING A DIFFERENT OUTCOME.
MR. MORINELLO: BUT THE PURPOSE IS TO PREVENT OR
ACKNOWLEDGE -- TO HAVE SOMEONE ACKNOWLEDGE THAT THEY COULD BE
SUBJECT TO DEPORTATION.
MS. CRUZ: CORRECT.
MR. MORINELLO: CORRECT. SO THIS IS TO ENSURE
THAT SOMEONE WHO HAS BROKEN THE LAW IN THIS COUNTRY WHO MAY NOT
HAVE LEGAL STATUS IN THIS COUNTRY DOES NOT GET DEPORTED, CORRECT?
MS. CRUZ: THAT IS INCORRECT. THIS IS TO ENSURE THAT
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NYS ASSEMBLY JUNE 1, 2022
SOMEONE WHO HAS BEEN ACCUSED OF A CRIME AND NOT YET ACTUALLY FOUND
GUILTY OR TAKEN A PLEA HAS ENOUGH INFORMATION TO ASSERT THEIR RIGHTS THAT
HAVE BEEN RECOGNIZED BY THE CONSTITUTION IN THE SUPREME COURT.
MR. MORINELLO: OKAY. BUT THAT -- THAT EXISTS
ONLY FOR NONCITIZENS?
MS. CRUZ: THAT IS CORRECT.
MR. MORINELLO: OKAY. SO THIS BILL NOW FORCES A
JUDGE OR COMPELS A JUDGE TO GIVE THAT ADMONISHMENT TO CITIZENS ALSO
WHO ARE NOT SUBJECT TO DEPORTATION?
MS. CRUZ: THAT IS CORRECT.
MR. MORINELLO: OKAY. UNDER THE EXISTING LAW
THEY CAN INQUIRE AS TO THE STATUS, CORRECT?
MS. CRUZ: LET ME VERIFY THAT. GIVE ME ONE
SECOND.
(PAUSE)
MR. MORINELLO: SURE.
MS. CRUZ: MY UNDERSTANDING IS THAT THAT IS CORRECT.
MR. MORINELLO: OKAY.
MS. CRUZ: THAT IS NOT WHAT IS TRIGGERED BY THIS
PARTICULAR PIECE OF LEGISLATION. THERE COULD BE IN OTHER CIRCUMSTANCES
WHERE A JUDGE MAY BE ABLE TO ASK THAT QUESTION. BUT WHEN ADVISING
SOMEONE OF THE CONSEQUENCES OF THE PLEA, WHAT WE ARE SAYING IS
PROVIDE THE STATEMENT AND MOVE FORWARD -- AND MOVE ON WITH THE REST
OF THE TRIAL.
MR. MORINELLO: ALL RIGHT. BUT -- BUT THE ISSUE IS,
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NYS ASSEMBLY JUNE 1, 2022
THAT STATEMENT IS ONLY TO BENEFIT SOMEONE WHO DOES NOT HAVE STATUS IN
THIS COUNTRY, SUBJECT TO DEPORTATION, CORRECT?
MS. CRUZ: INCORRECT. THAT STATEMENT IS TO PROTECT
THE CONSTITUTIONALLY-RECOGNIZED RIGHT OF SOMEONE WHO HAS BEEN
ACCUSED BUT NOT FOUND GUILTY OF A CRIME BUT HAPPENS TO NOT HAVE
IMMIGRATION STATUS IN THIS COUNTRY.
MR. MORINELLO: RIGHT, BUT --
MS. CRUZ: OR ACTUALLY, IF I MAY, MR. MORINELLO,
MAY ACTUALLY HAVE IMMIGRATION STATUS BECAUSE THEY MAY BE A
PERMANENT RESIDENT OR MAY BE SOMEONE WITH A DIFFERENT KIND OF NON-
PERMANENT STATUS THAT COULD FACE IMMIGRATION CONSEQUENCES IF THEY
TAKE THAT PLEA.
MR. MORINELLO: BUT THAT DOES NOT APPLY TO A
LAWFUL CITIZEN OF THIS COUNTRY, CORRECT?
MS. CRUZ: THAT'S CORRECT, YES.
MR. MORINELLO: OKAY. SO WHAT IS THE PURPOSE
OF HAVING THAT ADMONISHMENT GIVEN TO A LAWFUL CITIZEN WHO HAS NO
POSSIBILITY OF DEPORTATION?
MS. CRUZ: WELL, THE CURRENT LAW ALREADY RECOGNIZES
THAT EVERYONE WHO'S TAKEN A PLEA NEEDS TO BE TOLD THAT STATEMENT. WHAT
WE ARE SIMPLY DOING IS EXPANDING THAT TO ENSURE THAT IT'S NOT JUST IN
CASES OF FELONIES BUT IT'S ALSO IN CASE OF MISDEMEANORS. SO THE COURT
HAS ALREADY RECOGNIZED THAT. AND WE ARE SAYING HERE SPECIFIC
LANGUAGE, IT'S ABOUT A 30 SECOND STATEMENT, AND THEN THE PERSON CAN
MOVE FORWARD WITH THEIR CASE.
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NYS ASSEMBLY JUNE 1, 2022
MR. MORINELLO: I APPRECIATE THAT ANSWER, BUT IT
DID NOT ANSWER MY QUESTION. WHAT IS THE PURPOSE OF GIVING THAT
ADMONISHMENT TO A U.S. CITIZEN WHO HAS NO ABILITY OR IS SUBJECT TO
DEPORTATION?
MS. CRUZ: WELL, I WOULD ARGUE THE PURPOSE IS TO
INFORM EVERY SINGLE PERSON, REGARDLESS OF IMMIGRATION STATUS, WHO
STEPS INTO A COURT AND IS ACCUSED OF THEIR CRIME OF WHAT THEIR RIGHTS ARE
UNDER THE CONSTITUTION AND THEY'RE RECOGNIZED BY THE SUPREME COURT
REGARDLESS OF IMMIGRATION STATUS.
MR. MORINELLO: ALL RIGHT. SO, WE RECOGNIZE
THAT. BUT THE QUESTION IS, WHY DO WE HAVE TO GIVE IT TO A LAWFUL CITIZEN
OF THE UNITED STATES RATHER THAN JUST BE AN INQUIRE OF THE STATUS OF THE
DEFENDANT?
MS. CRUZ: WELL, WE'RE NOT INQUIRING AS TO THE STATUS
OF A PERSON, SO WE WOULDN'T KNOW IF THE PERSON -- IF THE JUDGE -- IF I AM
THE JUDGE AND I'M REQUIRED TO PROVIDE THAT STATEMENT, I'M NOT INQUIRING,
ARE YOU A CITIZEN OR ARE YOU NOT A CITIZEN IN ORDER FOR ME TO KNOW IF I
SHOULD GIVE THAT STATEMENT OR NOT. WE ARE JUST REQUIRING THAT EVERY
DEFENDANT BEFORE THEY TAKE A PLEA SHOULD -- AND AT ARRAIGNMENT NEEDS
TO BE TOLD THAT STATEMENT.
MR. MORINELLO: BUT CURRENTLY THEY'RE ALLOWED TO
INQUIRE AS TO THE STATUS. THE QUESTION IS, WHY ARE WE ELIMINATING THE
ABILITY TO INQUIRE AS TO THE STATUS AND -- AND PUTTING IT ON U.S. CITIZENS,
ALSO. THAT'S -- IT'S A SIMPLE QUESTION.
MS. CRUZ: WELL, I -- I THINK WHAT WE ARE TRYING TO
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NYS ASSEMBLY JUNE 1, 2022
DO HERE IS ENSURE THAT EVERY SINGLE PERSON THAT WALKS THROUGH THE
COURTHOUSE IS TREATED WITH THE SAME RIGHTS REGARDLESS OF IMMIGRATION
STATUS OR LACK THEREOF.
MR. MORINELLO: WELL, YOU'RE ENSURING THAT.
MS. CRUZ: YEAH. AND I THINK ONE OF THE OTHER
THINGS THAT HAPPENS IS WE DON'T ALWAYS KNOW WHO'S A CITIZEN AND WHO
ISN'T. THE JUDGE MAY BE ABLE TO INQUIRE, BUT WE DON'T ALWAYS KNOW
WHO IS AND WHO ISN'T.
MR. MORINELLO: NO, BUT CURRENTLY YOU CAN
INQUIRE. SO YOU'RE CHANGING THAT ABILITY TO INQUIRE.
MS. CRUZ: ONLY IN RELATION TO THE SPECIFIC
STATEMENT. WE'RE NOT SAYING AT ANY OTHER POINT DURING THE TRIAL THAT
MAY NOT COME UP. WE'RE SAYING WHEN YOU ARE REQUIRED TO GIVE THE
STATEMENT YOU ARE AT -- YOU ARE GIVEN THE STATEMENT AND YOU'RE NOT
MOVING BEYOND THAT PIECE.
MR. MORINELLO: IF YOU'LL BEAR WITH ME FOR ONE
MOMENT.
MS. CRUZ: TAKE YOUR TIME.
(PAUSE)
MR. MORINELLO: WELL, I'LL MOVE ON. IT IS -- JUST
SO YOU KNOW, IT IS CURRENTLY IN THE STATUTE THAT YOU CAN INQUIRE AS TO THE
STATUS. NOW, THIS ALSO SAYS YOU HAVE TO GIVE THAT ADMONISHMENT IN THE
LANGUAGE OF THE INDIVIDUAL. BUT YOU'RE NOT -- CAN YOU INQUIRE AS TO THE
LANGUAGE NECESSARY SO THAT THEY CAN GIVE THE ADMONISHMENT?
MS. CRUZ: WELL, YES. AND -- AND -- IN -- IN PRACTICE
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NYS ASSEMBLY JUNE 1, 2022
WHAT GENERALLY HAPPENS IS WHEN -- WHEN A DEFENDANT GOES TO COURT
THERE'S GOING TO BE AN INTERPRETER PROVIDED. SO THAT -- THAT GOES BEYOND
THE SCOPE OF WHAT THIS BILL -- THIS PARTICULAR BILL DOES, BUT THAT'S
SOMETHING THAT ALREADY HAPPENS IN PRACTICE.
MR. MORINELLO: WELL, NO, NO, NO. THE BILL
SPECIFICALLY PROVIDES, YOUR BILL, THAT IT WILL BE GIVEN IN THE LANGUAGE
THAT THE DEFENDANT CAN SPEAK OR UNDERSTANDS.
MS. CRUZ: WELL, THE LANGUAGE THEY SPEAK DOES NOT
HAVE TO DO WITH THE IMMIGRATION STATUS, BUT THE LANGUAGE THEY SPEAK
HAS TO DO WITH THEIR ABILITY TO UNDERSTAND THE ADMONISHMENT.
MR. MORINELLO: CORRECT. CORRECT.
MS. CRUZ: IF I MAY FINISH THE ANSWER. AND SO WHAT
HAPPENS IN PRACTICE IS THERE'S AN INTERPRETER IN COURT, AND THAT
INTERPRETER IS JUST GOING TO SAY WHATEVER THE JUDGE IS SAYING AND,
THEREFORE, MEETING THE REQUIREMENTS OF THE BILL. WE'RE NOT ASKING THE
JUDGE TO GO AND LEARN A NEW LANGUAGE AND BE ABLE TO GIVE THE
ADMONISHMENT.
MR. MORINELLO: I NEVER SAID THAT. THERE'S 62
COUNTIES. NOT EVERY COUNTY HAS AN INTERPRETER IN THE COURTROOM. SO, I
DON'T KNOW IF YOU ARE AWARE OF, THERE IS A CENTRAL REPOSITORY THAT YOU
CAN CALL AND THEY WILL ATTEMPT TO DETERMINE IF THEY CAN FIND SOMEONE
WITH THAT LANGUAGE. NOW, IF THERE'S A DELAY IN FINDING IT BECAUSE IT'S AN
OBSCURE LANGUAGE, WHAT HAPPENS TO THAT PARTICULAR DEFENDANT? ARE YOU
ALLOWED TO HOLD HIM EVEN THOUGH IT MAY BE A CHARGE THAT IS
NON-BAILABLE?
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NYS ASSEMBLY JUNE 1, 2022
(PAUSE)
MS. CRUZ: YEAH. I THINK THAT PIECE GOES A LITTLE BIT
BEYOND THE SCOPE OF THIS BILL, BUT I WOULD ARGUE THAT THE JUDGE CAN, IN
FACT, INQUIRE ABOUT THE LANGUAGE. MOST OF THOSE SERVICES THAT YOU'RE
DESCRIBING HAVE -- I HAVE USED IT MYSELF AND I'VE BEEN ABLE TO FIND THE
KIND OF LANGUAGE THAT YOU COULDN'T EVEN PRONOUNCE OR -- OR THINK OF.
SO I WOULD ARGUE THAT, IF IN FACT, THE PERSON IS ABLE TO -- TO ACTUALLY GET
THAT STATEMENT IN THEIR OWN LANGUAGE.
MR. MORINELLO: I'VE BEEN -- I WAS ON THE BENCH
14 YEARS. THERE WERE MANY TIMES BECAUSE I WAS IN A BORDER TOWN THAT
WE HAD DEFENDANTS THAT WE COULD NOT FIND THROUGH THE CENTRAL
REPOSITORY A READY INTERPRETER TO BE ABLE TO TAKE CARE OF THAT PARTICULAR
FUNCTION, AND SOMETIMES IT WOULD TAKE A DAY OR TWO BECAUSE OF THE
LANGUAGES. SO MY QUESTION IS, BECAUSE THE BILL SAYS IT MUST BE IN THAT
LANGUAGE, WHICH MEANS IF THE JUDGE DOESN'T SPEAK IT YOU HAVE TO HAVE
AN INTERPRETER, ARE YOU ALLOWED TO HOLD THAT PERSON DURING THAT PERIOD
OF TIME? MINDFUL OF THE FACT THAT THE ISSUE HERE IS TO PROTECT HIM FROM
DEPORTATION SO THAT YOU REALLY HAVE THE POTENTIAL RISK OF FLIGHT.
MS. CRUZ: SO, THERE ARE OTHER PARTS OF -- OF THE
PENAL LAW THAT MAKE CERTAIN REQUIREMENTS ABOUT HOW LONG YOU CAN
HOLD SOMEONE OR IF THEY ARE OUT ON -- ON -- ON BAIL. I'M SURE THAT'S A
FAVORITE WORD AROUND HERE LATELY. AND SO THOSE WOULD BE THE
CONSIDERATIONS THAT ACTUALLY DETERMINE HOW LONG YOU CAN HOLD
SOMEONE. YOU STILL HAVE TO, AS -- AS A JUDGE, AND -- AND AS YOU
MENTIONED, YOU WERE IN A BORDER TOWN SO I'M SURE YOU'RE VERY FAMILIAR
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THAT OFTEN IMMIGRANTS, BECAUSE OF THESE SAME PRESSURES THAT OUR SYSTEM
HAS PUT ON THEM - LACK OF INTERPRETATION, LACK OF AVAILABLE ATTORNEY,
LACK OF A NUMBER OF THINGS - HAVE BEEN FORCED INTO PLEAS THAT THEY
PROBABLY SHOULDN'T HAVE TAKEN THAT THEN IMPLICATE THEIR ABILITY TO STAY
IN THE COUNTRY. SO WE ARE TRYING TO PASS A BILL THAT TAKES THAT INTO
ACCOUNT AND PROTECTS PEOPLE'S CONSTITUTIONAL RIGHTS. A COMPLETELY
SEPARATE PART OF OUR -- OUR STATE'S LAW HANDLES WHETHER THEY CAN STAY
AND -- AND HOW LONG.
MR. MORINELLO: I COMMEND THE SPONSOR ON THIS
BILL, BUT STILL, I DO NOT FEEL THE ANSWERS TO THE QUESTIONS, WHICH WERE
VERY SPECIFIC, WERE SATISFIED.
ON THE BILL, MR. SPEAKER.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. MORINELLO: I HAVE NO PROBLEM WITH
PROTECTING THE CONSTITUTIONAL RIGHTS OF ALL INDIVIDUALS. I HAVE NO
DIFFICULTY IN PROTECTING THE CONSTITUTIONAL RIGHTS AND ADVISING THOSE THAT
COULD BE SUBJECT TO DEPORTATION FOR -- WITH -- WITH THOSE RIGHTS. I, IN
FACT, HAVE HAD THAT OBLIGATION AND HAD THAT OPPORTUNITY. CURRENTLY, IT IS
NOT THE JUDGE'S OBLIGATION, IT'S THE OBLIGATION OF THE ATTORNEY. I THINK
THAT PART OF THE BILL IS ADMIRABLE. BUT TO HAVE TO PUT THE BURDEN ON
EVERY SINGLE DEFENDANT THAT TAKES THE PLEA IN EVERY SINGLE COURT IN THE
STATE OF NEW YORK WHERE IF THAT ADMONISHMENT IS NOT GIVEN TO
SOMEONE NOT EVEN SUBJECTED TO DEPORTATION IS SUBJECT TO VACATUR, WHICH
MEANS THAT THAT PLEA IS GONE. AGAIN, THIS BODY IS LOOKING AT NOT THE
VICTIMS, BUT THE DEFENDANTS. NOT THE VICTIMS AND NOT THE CITIZENS.
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THEY'RE LOOKING TO PROTECT THOSE THAT ARE NOT HERE AND THAT ARE NOT
WATCHING OUT FOR THOSE THAT HAVE -- THAT BELONG HERE.
THERE IS ALSO ONE LAST POINT. PEOPLE ARE NOT BEING
RESPONSIBLE FOR THE CONSEQUENCES OF THEIR ACTIONS. WE ARE FORGETTING
THAT LITTLE PREMISE THAT I GREW UP WITH AND ALMOST EVERYONE IN THIS
BODY GREW UP WITH. OUR YOUNG PEOPLE THINK THEY CAN GET AWAY WITH
ANYTHING AND WE CHANGE THE LAWS. WITH THAT BEING SAID I WILL BE IN THE
NEGATIVE AND I URGE MY COLLEAGUES TO VOTE NO ON THIS BILL.
ACTING SPEAKER AUBRY: MR. LAWLER.
MR. LAWLER: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD?
ACTING SPEAKER AUBRY: MS. CRUZ?
MS. CRUZ: I'D LIKE TO SAY NO. GO AHEAD.
ACTING SPEAKER AUBRY: MS. CRUZ YIELDS, SIR.
MR. LAWLER: YOU KNOW YOU ENJOY THE BANTER.
THAT'S OKAY. SO, I WANT TO MAKE SURE I UNDERSTAND THIS CORRECTLY. THE
-- AND -- AND MY COLLEAGUE JUST I THINK DID A VERY NICE JOB SUMMING
THIS UP, BUT THE COURT OF APPEALS RULED IN NOVEMBER OF 2013 THAT DUE
PROCESS COMPELS A TRIAL COURT TO APPRISE A DEFENDANT THAT IF THE
DEFENDANT IS NOT AN AMERICAN CITIZEN, HE OR SHE MAY BE DEPORTED AS A
CONSEQUENCE OF A GUILTY PLEA TO A FELONY. SO THIS BILL WOULD EXPAND IT
TO ALL GUILTY PLEAS OR VERDICTS?
MS. CRUZ: IT WOULD -- YES. IT WOULD EXPAND IT
BEYOND FELONIES TO ALSO INCLUDE MISDEMEANORS.
MR. LAWLER: TO INCLUDE MISDEMEANORS. WOULD IT
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ALSO INCLUDE VIOLATIONS? SO, FOR A TRAFFIC VIOLATION?
MS. CRUZ: YES.
MR. LAWLER: OKAY. SO IF SOMEBODY, FOR INSTANCE,
GETS A TRAFFIC VIOLATION AND THEY GET THE TICKET HANDED TO THEM, WILL THE
TICKET NOW HAVE THIS VERBIAGE ON IT? BECAUSE A LOT OF TIMES PEOPLE WILL
PLEAD GUILTY OR NOT GUILTY, BUT THEY'LL PLEAD GUILTY POTENTIALLY ON THE
TICKET OR THEY WILL GO ON LINE AND PLEAD GUILTY.
MS. CRUZ: NO, IT'S ONLY UPON THE COURT.
MR. LAWLER: OKAY. SO IF SOMEBODY CHOOSES TO
PLEAD GUILTY BECAUSE THEY FILL OUT THE FORM, THE TICKET THAT THEY WERE
GIVEN, THEY SEND IT IN AND THE COURT ACCEPTS THAT AS A GUILTY PLEA, DOES
THE COURT HAVE ANY OBLIGATION TO TELL THEM ABOUT THIS?
MS. CRUZ: CAN YOU HOLD THAT THOUGHT FOR A SECOND?
MR. LAWLER: YES.
(PAUSE)
MS. CRUZ: IF IT'S A PENAL LAW VIOLATION, BUT IF IT'S A
TRAFFIC COURT VIOLATION IT DOES NOT. AND GENERALLY --I -- I KNOW WHICH
TICKETS YOU'RE SPEAKING OF, AND GENERALLY THOSE PARTICULAR TICKETS ARE
TRAFFIC COURT VIOLATIONS AND TRAFFIC LAW VIOLATIONS, NOT PENAL LAW
VIOLATIONS.
MR. LAWLER: OKAY. SO -- SO THEN TRAFFIC LAW
VIOLATIONS WOULD NOT FALL UNDER THIS?
MS. CRUZ: THAT IS CORRECT.
MR. LAWLER: OKAY. I APPRECIATE THAT
CLARIFICATION. THIS APPLIES TO -- WHEN WE SAY NON-U.S. CITIZENS, THIS
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APPLIES TO GREEN CARD HOLDERS, THOSE HERE ON A VISA AND THOSE WHO ARE
UNDOCUMENTED, CORRECT?
MS. CRUZ: YES. IF YOU HAVE A DEFERRED ACTION FOR
CHILDHOOD ARRIVAL, IF YOU'RE AN (INAUDIBLE), ANYTHING THAT'S NOT -- THAT
DOESN'T GRANT YOU U.S. CITIZENSHIP, IF YOU WILL.
MR. LAWLER: OKAY. WHAT ARE THE RULES -- WHAT --
WHAT IS THE LAW CURRENTLY WITH RESPECT TO DEPORTATION IF YOU VIOLATE THE
LAW? IF YOU PLEAD GUILTY TO A FELONY OR A MISDEMEANOR, ARE YOU -- ARE
YOU AUTOMATICALLY, YOU KNOW, GOING TO BE DEPORTED? WHAT -- WHAT IS
THE ACTUAL CURRENT FEDERAL LAW?
MS. CRUZ: WELL, YOU'RE ASKING FOR A VERY LONG
EXPLANATION. BUT THE SUMMARY IS --
MR. LAWLER: WE -- WE HAVE TIME.
MS. CRUZ: OH, NO, WE DON'T. THE -- THE GIST OF IT IS
THAT THERE ARE CERTAIN OFFENSES, BOTH MISDEMEANOR AS WELL AS FELONIES
THAT MAKE YOU REMOVABLE FROM THE COUNTRY - GENERALLY, THEY'RE CALLED
CRIMES OF MORAL TURPITUDE - AND THEY COULD IN TURN INTO AN IMMIGRATION
COURT CASE AND IMMIGRATION REMOVAL PROCEEDING, ET CETERA.
MR. LAWLER: SO WHAT WOULD BE AN EXAMPLE OF A
CRIME OF MORAL TURPITUDE?
(PAUSE)
MS. CRUZ: SO, I'M NOT EXACTLY SURE WHAT THIS HAS TO
DO WITH THE BILL, SO IF YOU CAN ELABORATE?
MR. LAWLER: WELL, IF SOMEBODY IS -- IF SOMEBODY
COMMITS A CRIME OF MORAL TURPITUDE, LET'S SAY THEY COMMIT A RAPE.
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WOULD THAT CONSTITUTE A CRIME OF MORAL TURPITUDE?
MS. CRUZ: WELL, I'M -- I'M GOING TO REALLY BACK UP
A LITTLE BIT BECAUSE I THINK YOU'RE GOING BEYOND THE SCOPE OF WHAT THIS
BILL DOES. WE ARE NOT ASKING THE JUDGE THAT WANTS -- THE PERSON HASN'T
BEEN FOUND GUILTY, WHICH IS WHEN IMMIGRATION PROCEEDINGS AND
IMMIGRATION CONSEQUENCES WOULD KICK IN, TO MAKE THE ADMONISHMENT.
WE'RE ASKING THEM TO DO IT BEFORE, WHEN SOMEONE, UNDER THE
CONSTITUTION, IS STILL DEEMED INNOCENT, TO BE ABLE TO RECEIVE THAT
INFORMATION SO THAT THEY HAVE ALL THE TOOLS AND INFORMATION TO
DETERMINE IF TO TAKE THE PLEA, IF NOT TO TAKE THE PLEA. IF WHAT THEIR
ATTORNEY IS SAYING SOUNDS ABOUT RIGHT OR IT DOESN'T.
MR. LAWLER: WELL, I GUESS THE -- THE QUESTION
BECOMES IF SOME -- IF SOMEBODY IS GUILTY OF AN OFFENSE AND THEY WOULD
LIKE TO PLEAD GUILTY -- I MEAN, I THINK MOST OF OUR CRIMINAL CONVICTIONS
ARE THE RESULT OF A GUILTY PLEA AS OPPOSED TO A TRIAL VERDICT -- MOST
PEOPLE DO END UP PLEADING GUILTY EITHER FOR A LESSER OFFENSE, SHORTER
SENTENCE, ET CETERA. I MEAN, THERE ARE REASONS WHY PEOPLE WOULD DO IT.
I -- I DO -- I DO HAVE CONCERN THAT IF WE ARE USING THIS, THE -- THE THREAT
OF DEPORTATION, TO TRY AND PREVENT GUILTY PLEAS, POTENTIALLY, THAT IT -- IT
WILL OPEN UP A -- A SERIOUS SITUATION WHERE VICTIMS OF, SAY, SEXUAL
OFFENSES, ARE GOING TO BE PUT IN HARM'S WAY HAVING TO TESTIFY, YOU
KNOW, BEFORE A TRIAL, RELIVE THE ASSAULT. AND IT SEEMS LIKE WE'RE TRYING
TO IN SOME WAY PREVENT GUILTY PLEAS BY DOING THIS.
MS. CRUZ: AS MUCH AS I APPRECIATE YOUR EXAMPLES
IN THIS SITUATION, ARGUABLY WHAT WE'RE TRYING TO DO IS TO PROTECT
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EVERYONE INVOLVED IN THE CASE, BOTH THE DEFENDANT AND ARGUABLY THE --
THE VICTIM. WHAT WE DON'T WANT IS SOMEONE -- BECAUSE THE
CONSTITUTION PROTECTS EVERYONE UNTIL IT DOESN'T EXCEPT -- YOU KNOW, I'M
NOT GOING TO GET INTO THAT PART BECAUSE THAT'S BEYOND HERE. BUT WHAT
WE WANT IS EVERY SINGLE PERSON IN OUR STATE - AND I WISH IT WAS AN
ENTIRE COUNTRY - BEFORE THEY TAKE A PLEA, IF THEY HAPPEN TO HAVE
ANYTHING OTHER THAN A CITIZENSHIP STATUS SHOULD HAVE THE RIGHT TO
DETERMINE HOW THAT CITIZENSHIP OR NON-CITIZENSHIP STATUS OR THEIR ABILITY
TO STAY IN THE COUNTRY IS GOING TO BE AFFECTED BY WHATEVER HAPPENS IN
THEIR CRIMINAL CASE. BECAUSE AT THE POINT WHEN THE ADMONISHMENT IS
GIVEN THEY'RE STILL PRESUMED INNOCENT. THEY HAVEN'T GONE THROUGH TRIAL,
WE HAVEN'T SEEN ALL OF THE EVIDENCE. AND WHAT HAS HAPPENED IN
PRACTICE IS ACTUALLY A TRAVESTY AND THE COMPLETE OPPOSITE OF WHAT YOU'RE
DESCRIBING. WE HAVE PEOPLE TAKING PLEAS FOR CRIMES THAT THEY DIDN'T
COMMIT BECAUSE THEY GOT ERRONEOUS ADVICE, MISUNDERSTOOD THE ADVICE,
AND END UP BEING REMOVED FROM THE ONLY COUNTRY THEY KNOW AS HOME
WHEN THEY COULD HAVE GONE THROUGH THE ENTIRE TRIAL AND POSSIBLY PROVE
THAT THEY WERE INNOCENT.
MR. LAWLER: SO, IF THIS BILL TAKES EFFECT AND THE
COURT DOES NOT PROVIDE THIS ADMONISHMENT OR DOES NOT PROVIDE IT IN
FULL, THEN THE GUILTY PLEA WOULD BE AUTOMATICALLY VACATED?
MS. CRUZ: THEY CAN APPLY TO HAVE IT VACATED. IT'S
NOT AUTOMATIC.
MR. LAWLER: AND WHO WOULD MAKE THAT
DETERMINATION?
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NYS ASSEMBLY JUNE 1, 2022
MS. CRUZ: WHOEVER THEIR ATTORNEY IS AT THAT TIME,
AND THEY WOULD HAVE TO GO IN FRONT OF A JUDGE.
MR. LAWLER: SORRY, I -- WHO WOULD THEY APPLY TO?
THEY APPLY TO THE TRIAL COURT JUDGE OR WOULD THEY GO TO ANOTHER JUDGE?
WHO WOULD -- WHO WOULD THEY BE --
MS. CRUZ: THE APPELLATE COURT.
MR. LAWLER: THEY -- THEY -- OKAY, THEY WOULD
TAKE THE CONVICTION TO THE APPELLATE COURT.
MS. CRUZ: YES.
MR. LAWLER: OKAY. AND THE APPELLATE COURT
WOULD BE BOUND TO THROW IT OUT OR THEY CAN MAKE A DETERMINATION
BASED ON THE INDIVIDUAL'S CIRCUMSTANCES?
MS. CRUZ: SO, IF -- IF IT'S DETERMINED THAT IT WAS NOT
PROVIDED ON THE RECORD AND THE WAY THAT IT'S REQUIRED IN THE LANGUAGE
THAT THE PERSON SPEAKS -- AND ACTUALLY, LET ME READ TO YOU. POTENTIAL
ACTUAL IMMIGRATION CONSEQUENCES FOR THE DEFENDANT WOULD RENDER THE
PLEA UNKNOWING TO VOLUNTARY INTELLIGENCE AND REQUIRE VACATUR WHERE
IT'S DETERMINED THAT IT WOULD -- THAT THE WAY THAT THEY WERE PROVIDED
THE ADMONISHMENT OR THEY WEREN'T PROVIDED THE ADMONISHMENT DID NOT
COMPLY WITH THE REQUIREMENTS WE'RE SEEING HERE TODAY. THAT'S ONE OF
THE REASONS WHY WE'RE LITERALLY SPELLING OUT THE LANGUAGE THAT WE WILL
REQUIRE THE JUDGE TO SAY ON THE RECORD.
MR. LAWLER: OKAY. AND RIGHT NOW BASED ON THAT
COURT OF APPEALS RULING THIS IS REQUIRED IN ALL FELONY PLEAS.
MS. CRUZ: YES.
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NYS ASSEMBLY JUNE 1, 2022
MR. LAWLER: HAS ANY -- HAS ANY FELONY PLEA BEEN
THROWN OUT SINCE 2013 BASED ON THE FAILURE TO DO THIS?
MS. CRUZ: I DON'T KNOW THE ANSWER TO THAT QUESTION.
MR. LAWLER: OKAY. SO YOU'RE SIMPLY -- THIS --
THIS BILL IS --
MS. CRUZ: CAN YOU HOLD ON FOR A SECOND?
MR. LAWLER: YES.
MS. CRUZ: I'M SORRY, I CAN'T HEAR. WE'RE GOOD OVER
THERE? ALL RIGHT. GO AHEAD.
MR. LAWLER: SO THIS BILL IS SIMPLY SEEKING TO
CODIFY THE 2013 COURT OF APPEALS RULING INTO LAW, EXPAND IT TO
MISDEMEANORS, AND ADD A PROVISION THAT IF THIS ADMONITION IS NOT GIVEN
IN THE INDIVIDUAL'S NATIVE LANGUAGE THAT IT CAN BE VACATED -- IT -- IT SHALL
BE VACATED BY THE COURT?
MS. CRUZ: I -- I'M GOING TO EDIT THAT A LITTLE BIT.
MR. LAWLER: PLEASE.
MS. CRUZ: RIGHT NOW IT'S IN STATE LAW AS WELL AS IN
THE DECISION BY THE COURT SAYING THAT A DEFENDANT HAS TO BE TOLD THAT
STATEMENT. BUT WE ARE NOT TELLING A JUDGE EXACTLY WHAT TO SAY, WE'RE
JUST SAYING IN GENERAL NATURE THEY SHOULD BE ADVISED OF X, Y AND Z.
AND WHAT WE'RE DOING WITH THIS BILL IS SAYING THIS IS THE SPECIFIC
LANGUAGE THAT WE NEED TO GIVE EVERY DEFENDANT WHEN THEY'RE GOING
THROUGH -- THROUGH -- BEFORE THEY TAKE A PLEA AND WHEN THEY'RE GOING
THROUGH -- WHY IS THE WORD ESCAPING ME NOW -- AN ALLOCUTION. SORRY, I
HAD A BRAIN FREEZE THERE FOR A MOMENT. AN ALLOCUTION. AND WE ARE
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SAYING IF THAT DOES NOT HAPPEN, THEN AN INDIVIDUAL CAN APPLY TO HAVE
THEIR -- THEIR PLEA VACATED AND IT WOULD BE VACATED IF -- IF THAT STATEMENT
WAS FOUND TO NOT MEET THOSE CERTAIN REQUIREMENTS.
MR. LAWLER: IF IT'S NOT PART OF THE RECORD.
MS. CRUZ: YES. IF IT'S NOT PART OF THE RECORD, IT WAS
NOT IN THE LANGUAGE, IF IT IS NOT THE SPECIFIC LANGUAGE THAT WE'RE GIVING
THEM.
MR. LAWLER: AND EVEN IF THE -- JUST A HYPOTHETICAL
-- IF THE DEFENSE ATTORNEY DID INFORM THE CLIENT OR IF THE PROSECUTOR DID
INFORM THE CLIENT WHEN NEGOTIATING AND OFFERING THE -- SORRY, THE
DEFENDANT NEGOTIATING AND OFFERING THE PLEA DEAL AS OPPOSED TO THE
COURT, WOULD THAT CONSTITUTE SUFFICIENT NOTIFICATION TO AVOID VACATING OF
THE --
MS. CRUZ: I WOULD CHERISH THE DAY WHEN A DA
WOULD DO SOMETHING LIKE THAT. A DEFENDANT -- A DEFENDANT'S ATTORNEY IS
ALREADY REQUIRED BY -- BY THE SUPREME COURT UNDER THE CASE OF
(INAUDIBLE) TO DO SUCH A THING, TO ADVISE OR TO GET ADVICE FROM AN
IMMIGRATION ATTORNEY AND INFORM THEIR CLIENT OF THE CONSEQUENCES OF
TAKING A PLEA OR WHATEVER IS HAPPENING IN THEIR CASE. WHAT WE HAVE
HERE IS A REQUIREMENT ON THE JUDGES. ONE DOES NOT DO AWAY WITH THE
OTHER.
MR. LAWLER: OKAY. SO AS -- AS -- REGARDLESS OF
WHAT THE DEFENSE ATTORNEY MAY DO, REGARDLESS OF, HYPOTHETICALLY, A
PROSECUTOR DOING, THE JUDGE MUST DO IT AND IF THEY DO NOT THE COURT --
THE APPELLATE DIVISION MUST VACATE THE DECISION ASSUMING IT IS FOUND
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NYS ASSEMBLY JUNE 1, 2022
ON THE RECORD THAT THEY DID NOT DO IT.
MS. CRUZ: THAT'S CORRECT.
MR. LAWLER: AND THAT APPLIES TO MISDEMEANORS
AND FELONIES, BUT NOT TO VIOLATIONS.
MS. CRUZ: THAT'S CORRECT.
MR. LAWLER: OKAY. THANK YOU.
MS. CRUZ: THANK YOU.
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 SENATE PRINT 2903-A. THIS -- 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. THOSE WHO SUPPORT IT CAN CERTAINLY
VOTE SO IN THE CHAMBERS HERE OR BY CALLING THE MINORITY LEADER.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, MAJORITY
COLLEAGUES ARE GENERALLY GOING TO BE IN FAVOR OF THIS PIECE OF
LEGISLATION. HOWEVER, THERE MAY BE SOME WHO DECIDE TO BE AN
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NYS ASSEMBLY JUNE 1, 2022
EXCEPTION. THEY SHOULD FEEL FREE TO CONTACT THE MAJORITY LEADER'S
OFFICE AND WE'LL MAKE SURE THEIR VOTE IS PROPERLY RECORDED.
THANK YOU, SIR.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER AUBRY: THANK YOU.
MS. CRUZ TO EXPLAIN HER VOTE.
MS. CRUZ: THANK YOU, MR. SPEAKER. THE SUPREME
COURT HAS ALREADY DETERMINED THAT UNDER THE CONSTITUTION IMMIGRANTS
HAVE THE RIGHT TO RECEIVE IMMIGRATION ADVICE FROM COUNSEL WHEN
THEY'RE FACING CRIMINAL CHARGES. THIS IS BECAUSE OF A PLEA OR
CONVICTION EITHER FOR A MISDEMEANOR OR A FELONY CAN CARRY ADDITIONAL
CONSEQUENCES UNDER IMMIGRATION LAW WHICH CAN LEAD TO MANDATORY
DETENTION OR EVEN DEPORTATION. IN NEW YORK CURRENTLY THE LAW REQUIRES
THAT ALL JUDGES NOTIFY PEOPLE OF THE RISK OF TAKING A PLEA, BUT ONLY IN
FELONY CASES IN ORDER TO ENSURE THAT THEY'RE MAKING AN INFORMED
DECISION. THE NEW YORK COURT OF APPEALS FOUND THAT JUDICIAL
NOTIFICATION IS LEGALLY REQUIRED UNDER THE STATE CONSTITUTION IN FELONY
CASES, AND IT'S ALSO MEMORIALIZED IN NEW YORK STATE LAW. HOWEVER,
OUR CURRENT LAW DOES NOT APPLY TO MISDEMEANORS, AND IMPORTANTLY, THE
LANGUAGE OR THE FORM USED FOR NOTIFICATION IS NOT STANDARDIZED IN OUR
STATUTE. SO JUDGES PROVIDE NOTIFICATION THAT CAN BE MORE HARMFUL THAN
HELPFUL AND CAN CONFLICT WITH THE DEFENSE COUNSEL'S DUTY TO PROVIDE
ACCURATE LEGAL DEFENSE. OUR BILL TODAY, WHICH FOLLOWS ACTUALLY
(INAUDIBLE) 15 OTHER STATES AROUND THE COUNTRY WILL PROVIDE UNIFORM
(INAUDIBLE) CONSISTENT SCRIPT FOR JUDGES TO USE DURING THIS PROCESS AND
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NYS ASSEMBLY JUNE 1, 2022
WILL FURTHER FACILITATE MEANINGFUL CONSTITUTIONAL CONSULTATION BETWEEN
CLIENTS AND THEIR ATTORNEY. I HAVE SEVERAL CONSTITUENTS WHO HAVE TAKEN
PLEAS FOR CRIMES WITH -- THAT WITH PROPER NOTIFICATION COULD HAVE
RESULTED IN A DIFFERENT OUTCOME, AND YEARS LATER THEY'RE FACING
IMMIGRATION CONSEQUENCES BECAUSE THEY WERE NOT AWARE OF THEIR
RIGHTS. THIS BILL IS AN IMPORTANT STEP TO CHANGE THIS FOR SO MANY OTHERS.
I WANT TO THANK THE ADVOCATES AND THE SPEAKER FOR
ALWAYS PRIORITIZING THE RIGHTS OF IMMIGRANT NEW YORKERS. I'LL BE
VOTING IN THE AFFIRMATIVE AND I URGE OTHERS TO DO THE SAME.
ACTING SPEAKER AUBRY: MS. CRUZ IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 11, RULES REPORT NO. 369, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A09895, RULES REPORT
NO. 369, THIELE. AN ACT TO AMEND THE ENVIRONMENTAL CONSERVATION
LAW, IN RELATION TO THE PROHIBITION OF HUNTING WILD DEER ON STATE LANDS
ADJACENT TO A LICENSED WILDLIFE REHABILITATION FACILITY.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MR. THIELE.
MR. THIELE: WELL, THANK YOU, MR. SPEAKER. IT IS
LOCAL BILL SEASON, AND OF ALL THE LOCAL BILLS THIS MAY BE THE MOST LOCAL OF
ALL. IT APPLIES TO ONE PIECE OF PROPERTY, ONE PIECE OF STATE PROPERTY IN
-- IN MY ASSEMBLY DISTRICT. TO GIVE A LITTLE BIT OF BACKGROUND ABOUT
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NYS ASSEMBLY JUNE 1, 2022
HOW THIS BILL CAME ABOUT, I HAVE A -- A SUFFOLK COUNTY PARK IN -- IN MY
DISTRICT. IT'S CALLED MUNN'S -- MUNN'S POND COUNTY PARK, AND IT'S ON THE
EDGE OF THE PINE BARRENS AND HAMPTON BAYS. AND ABOUT 25 YEARS AGO
THE COUNTY OF SUFFOLK GAVE A PERMIT TO WHAT IS NOW CALLED THE EVELYN
ALEXANDER WILDLIFE REHABILITATION CENTER. AND THAT REHABILITATION
CENTER HAS BEEN THERE, THEY'RE LICENSED BY THE STATE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION. THEY'VE BEEN DOING THEIR WORK THERE FOR
THE BETTER PART OF 25 YEARS. SUBSEQUENT TO THAT THERE'S -- THERE'S A PIECE
OF STATE PROPERTY THAT IS ADJACENT TO THIS PROPERTY. AND AFTER THE
WILDLIFE REHABILITATION CENTER HAD BEEN ESTABLISHED, THE -- THE STATE
DECIDED THROUGH THE DEC TO ALLOW HUNTING ON THAT ADJACENT PROPERTY.
BUT THERE'S NO DIRECT ACCESS TO THE PROPERTY, SO THE -- THE PARKING,
THERE'S THREE PARKING SPACES FOR HUNTING. IT'S A RATHER MODEST FACILITY,
AND THEY -- THEY NEED ACCESS TO GO ACROSS THE COUNTY PROPERTY TO BE
ABLE TO GET TO THE STATE PROPERTY. NOW, THERE HAVE BEEN -- BECAUSE OF
-- OF THIS CONFIGURATION AND THE SITUATION THERE -- THERE HAVE BEEN A
NUMBER OF ISSUES WITH HUNTING IN THIS PARTICULAR AREA. THE -- THE
DIRECTORS OF THE WILDLIFE REHABILITATION CENTER MAKE COMPLAINTS
PERIODICALLY THROUGH THE YEARS ABOUT (INAUDIBLE), ET CETERA. YOU KNOW,
SEEING HUNTERS IN THE BUFFER AREA WHERE THEY'RE NOT SUPPOSED TO BE ON
ANY. REPORTING TO THE DEC, NOT A LOT WAS DONE. BUT WHAT HAPPENED IN
JANUARY OF THIS YEAR KIND OF CROSSED THE LINE, AND THAT IS THAT A HUNTER
WAS ON THE ADJACENT PROPERTY, SHOT A DEER ON THE PROPERTY OF THE
REHABILITATION CENTER AND APPARENTLY WASN'T THAT GREAT A SHOT BECAUSE
IN ADDITION TO FINALLY SHOOTING A DEER, A COUPLE OF STRAY BULLETS BLEW
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NYS ASSEMBLY JUNE 1, 2022
RIGHT THROUGH THE -- THE -- THE REHABILITATION CENTER, MISSING WORKERS
AT THE REHABILITATION CENTER BY A COUPLE OF FEET. SO THIS WAS A BIG
ISSUE IN MY DISTRICT. THE COUNTY LEGISLATOR WHO I WORK WITH WHO
SHARES THE AREA BECAUSE IT WAS COUNTY LAND AND STATE LAND, WE WORKED
TOGETHER -- IN ESSENCE, WE WERE AT THE TIME TRYING TO SEEK AND GET THE
ESTABLISHMENT OF A GREATER BUFFER TO GET AWAY FROM THE WILDLIFE
REHABILITATION CENTER. AND WE DID GET A MEETING, WE DID TRY TO WORK
WITH THE DEC. THEIR RESPONSE BASICALLY WAS SIMPLY TO JUST PUT UP
MORE SIGNAGE. AND THAT REALLY WAS THE GENESIS OF THIS BILL. YOU KNOW,
WE REALLY WEREN'T ABLE TO GET THE ATTENTION OF THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION. SO, THIS BILL IN ESSENCE WOULD IN THIS
ONE LOCATION BECAUSE OF THIS PARTICULAR CONFIGURATION OF THE PROPERTY
AND THE ADJACENT LAND USE WHICH WAS THERE BEFORE WOULD -- WOULD
PROHIBIT HUNTING ON THIS ONE PARCEL ADJACENT TO THE WILDLIFE
REHABILITATION CENTER. AND THAT'S WHAT THE -- THE BILL DOES. WE DREW IT
VERY TIGHTLY. IT ONLY APPLIES TO PROPERTIES THAT ARE IN THE TOWN OF
SOUTHHAMPTON AND THE COUNTY OF SUFFOLK WHERE THERE IS A
REHABILITATION CENTER ON A COUNTY PARCEL AND THERE'S A STATE PROPERTY
NEXT DOOR. SO, YOU KNOW, WE CERTAINLY WEREN'T TRYING TO IMPACT
HUNTING IN ANY -- ANY WAY. IN FACT, YOU KNOW, I'VE SPONSORED MEASURES
HERE THAT HAVE OPENED UP THOUSANDS OF ACRES OF AREAS OF HUNTING IN MY
DISTRICT ON THE EAST END. BUT THIS IS MORE OF A PUBLIC SAFETY MATTER, AND
THAT'S WHY WE PUT IN THE BILL IN.
ACTING SPEAKER AUBRY: MR. SMULLEN.
MR. SMULLEN: THANK YOU VERY MUCH, MR.
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NYS ASSEMBLY JUNE 1, 2022
SPEAKER.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. SMULLEN: I REALLY APPRECIATE THE -- THE
SPONSOR'S VERY CLEAR AND THOUGHTFUL EXPLANATION OF THE NATURE AND --
AND GENESIS OF THIS BILL AND THE SAFETY CONCERNS THAT ARE -- THAT ARE
EXPRESSED AMONGST THE LOCAL CITIZENRY. HOWEVER, THIS SEEMS TO BE A
SPECIAL CASE BILL THAT HAS SOME WORRISOME IMPLICATIONS. ONE OF THE
THINGS THAT'S IN THE ENVIRONMENTAL CONSERVATION LAW IS A 500 FOOT
PROHIBITION. AND IT SOUNDS TO ME LIKE THERE HAVE BEEN LOTS OF SIGNS
POSTED BUT THEY'VE BEEN REPEATEDLY VIOLATED. NOW WHEN I -- WHEN I
LOOK AT A SITUATION LIKE THIS, IT'S EVIDENT TO ME -- CAN I GET SOME QUIET IN
THE CHAMBER, PLEASE, MR. SPEAKER?
ACTING SPEAKER AUBRY: GENTLEMEN, A
COLLEAGUE IS TALKING. HE DOESN'T NEED TO COMPETE WITH YOU. THANK
YOU.
MR. SMULLEN: THANK YOU, MR. SPEAKER. AND --
AND -- WHEN I LOOKED AT THIS SITUATION, IT SEEMED TO ME THAT THE -- THIS
WAS A SPECIAL CASE, AND LIKE -- AS I SAID, I -- I UNDERSTAND THE NATURE OF
IT. BUT WITH THE -- THE 500 FOOT PROHIBITION THAT'S ALREADY IN THE
ENVIRONMENTAL CONSERVATION LAW, IT SEEMED TO ME NOW HEARING THE
SPONSOR'S EXPLANATION THAT THERE'S ACTUALLY A CRIME WAS COMMITTED
HERE, THAT THERE IS AN ENDANGERING THING, YOU KNOW, I WONDER IF WE'RE --
WE'RE HEADED DOWN THE WRONG TRACK WITH WHAT I CALL MICRO LEGISLATION.
AND -- AND WHAT THAT IS IS WHEN THERE'S -- THERE'S SOMETHING THAT NEEDS
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NYS ASSEMBLY JUNE 1, 2022
TO BE FIXED BUT A DEPARTMENT DOESN'T NECESSARILY REACT THE WAY THEY
SHOULD, IN THIS CASE THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION.
AND IF -- IF IT WERE -- TO ME, I WOULD -- I WOULD ASK THE DEPARTMENT
MUCH MORE STRONGLY THAT THEY WOULD INTERVENE IN THIS CASE AND -- AND
PROVIDE NOT ONLY SIGNAGE BUT ENFORCEMENT TO BE ABLE TO MAKE SURE THAT
PEOPLE WERE NOT PUT IN DANGER IN THEIR PLACE OF WORK OR THAT THE -- THE
WILDLIFE REHABILITATION CENTER WAS WELL OUTSIDE THE BUFFER AND THAT IT
WAS -- IT WAS NOT ONLY CLEARLY MARKED BUT -- BUT ALSO ADHERED TO.
BECAUSE WHAT THIS IS GOING TO DO, IT'S GOING TO PROVIDE A VERY
DANGEROUS PRECEDENT WHEN IT COMES TO HUNTERS' RIGHTS TO RECREATE ON
STATE LANDS. THE LAND THAT -- THAT'S OUT THERE THAT'S -- THAT'S OWNED BY
THE PEOPLE OF THE STATE OF NEW YORK, WHEN IT'S THERE FOR THE EXPRESS
PURPOSE IN THIS CASE OF HUNTING, THAT HAS A VERY HIGH PRIORITY IN TERMS
OF HOW WE SHOULD VIEW THE USAGE OF THAT LAND AND WHETHER OR NOT IT'S
UP TO THE DEPARTMENT TO PROPERLY REGULATE IT.
FOR THAT REASON AND -- AND UNDERSTANDING ALL THE SAFETY
CONCERNS, YOU KNOW, I -- I CAN'T VOTE FOR THIS LEGISLATION ALTHOUGH I
COMPLETELY UNDERSTAND THE NATURE OF THE -- OF THE IDEA BEHIND IT AND
WHAT WE SHOULD OR SHOULDN'T DO. BUT BECAUSE OF HOW THINGS ARE GOING
IN THIS CHAMBER AND HOW THIS BODY OFTEN LOOKS AT LEGISLATION THAT
AFFECTS HUNTERS, THAT AFFECTS THE -- THE ABILITY OF PEOPLE TO USE GUNS THAT
ARE PROTECTED UNDER THE SECOND AMENDMENT, I URGE ALL MY COLLEAGUES
TO VERY CAREFULLY CONSIDER THIS AND VOTE NO WHEN YOU THINK ABOUT THE
WHAT'S -- WHAT'S GOOD -- THE MOST GOOD FOR THE MOST PEOPLE HERE. THERE
ARE 800,000 HUNTERS IN -- IN NEW YORK STATE THAT DON'T NEED TO BE
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NYS ASSEMBLY JUNE 1, 2022
PROHIBITED FROM HUNTING IN A MICRO AREA WHEN THAT WOULD SET A
DANGEROUS PRECEDENT FOR OTHER LEGISLATORS AROUND THE STATE WHO DON'T
LIKE HUNTING, WHO WANT TO GO AHEAD AND THEN FOIST WHAT IS REALLY
CONTRARY TO NEW YORK STATE'S LAWS ON -- ON THE PEOPLE THROUGH THIS
TYPE OF LEGISLATION.
SO THANK YOU VERY MUCH, MR. SPEAKER. I URGE ALL OF
MY COLLEAGUES THAT ARE SO INCLINED TO VOTE NO ON THIS BILL TO SEND A
STRONG MESSAGE TO THE GOVERNOR AND TO THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION TO DO THEIR JOB. 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 9895. 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 FOR THE REASONS MENTIONED BY
MY COLLEAGUE, ALTHOUGH WE ARE SYMPATHETIC TO THIS UNIQUE SITUATION.
THOSE WHO WISH TO VOTE YES SHOULD DO ON THE FLOOR OR BY CONTACTING
THE MINORITY LEADER'S OFFICE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: MS. HYNDMAN.
MS. HYNDMAN: MR. SPEAKER, THE MAJORITY
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NYS ASSEMBLY JUNE 1, 2022
CONFERENCE WILL BE IN THE AFFIRMATIVE ON THIS PIECE OF LEGISLATION. IF
THERE ARE ANY MEMBERS WHO WISH TO VOTE IN THE NEGATIVE THEY CAN
CONTACT THE MAJORITY LEADER'S OFFICE AT THE NUMBER PREVIOUSLY
PROVIDED.
THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
(THE CLERK RECORDED THE VOTE.)
MS. GIGLIO.
MS. GIGLIO: THANK YOU, MR. SPEAKER, TO EXPLAIN
MY VOTE. WHILE I RESPECT MY COLLEAGUE AND HIS POSITION ON THIS MATTER
AND I'M VERY FAMILIAR WITH THE WILDLIFE FACILITY THAT HE'S TALKING ABOUT
AND THEY DO DO GREAT THINGS. HOWEVER, WE HAVE A VERY SEVERE DEER
PROBLEM ON THE NORTH AND THE SOUTH FORK OF LONG ISLAND. THE DEER
MANAGEMENT PERMIT PLAN BY THE NEW YORK STATE DEC FOR THE
2020-2030, WHAT THEIR RECOMMENDATIONS ARE NOT EVEN BEING
CONSIDERED. WE ARE BEING -- HAVING OUR CONSTITUENTS HOSPITALIZED WITH
TICKBORNE ILLNESSES. WE ARE REALLY IN A BAD STATE. CAR ACCIDENTS EVERY
DAY FROM DEER RUNNING OUT INTO THE ROAD, FARMERS PUTTING UP DEER
FENCES. I COME FROM A VERY LARGE AGRICULTURAL DISTRICT AND I JUST FEEL
THAT THIS IS SETTING A BAD PRECEDENT. THERE'S VERY FEW PROPERTIES TO HUNT
AND THERE ARE MANY DEER. SO AS FAR AS I'M CONCERNED THAT HUNTER, HIS
LICENSE SHOULD'VE BEEN TAKEN AWAY IF HE WAS TOO CLOSE WHERE HIS
BULLETS WERE COMING CLOSE TO ACTUAL -- TO PEOPLE. SO -- AND THE
MARKERS SHOULD BE OUT THAT IT'S PRIVATE PROPERTY AND THAT THEY NEED TO
STAY AWAY FROM THERE. BUT THE DEER PROBLEM, AND I'M SURE HE COULD
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NYS ASSEMBLY JUNE 1, 2022
AGREE, IS RAMPANT. AND WE ARE WORKING TOGETHER -- THE LEGISLATOR ON
THE NORTH FORK OF LONG ISLAND HAS BEEN WORKING CLOSELY WITH ME AND I
DO HAVE A BILL FILED TO ALLOW FOR LENIENCY ON HUNTING BECAUSE THE DEER
PROBLEM IS SO BAD.
SO, WHERE I RESPECT MY COLLEAGUE AND I UNDERSTAND
WHY HE'S DOING THIS BECAUSE HE REPRESENTS HIS CONSTITUENTS WELL, I WILL
DEFINITELY BE A NO ON THIS BILL. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MS. GIGLIO IN THE
NEGATIVE.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD MY
COLLEAGUES MR. DURSO AND MR. GANDOLFO IN THE AFFIRMATIVE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED.
ACTING SPEAKER LUNSFORD: ARE THERE ANY
OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 11, RULES REPORT NO. 389, THE CLERK WILL READ.
THE CLERK: SENATE NO. S09184, RULES REPORT NO.
389, SENATOR SEPULVEDA (A10215, COMMITTEE ON RULES, BRAUNSTEIN,
COLTON). 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 OF INTEREST, INTEREST RATE EXCHANGE
AGREEMENTS OF THE CITY OF NEW YORK, THE SELLING OF BONDS AT PRIVATE
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SALE, THE REFUNDING OF BONDS, AND THE DOWN PAYMENT FOR PROJECTS
FINANCED BY BONDS; TO AMEND 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 LUNSFORD: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER LUNSFORD: THE CLERK WILL
RECORD THE VOTE ON SENATE BILL 9184. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE -- OH. I APOLOGIZE.
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 -- THANK YOU, MADAM
SPEAKER.
ACTING SPEAKER LUNSFORD: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER LUNSFORD: THE CLERK WILL
NOW RECORD THE VOTE ON SENATE BILL 9184. THIS IS A PARTY VOTE STILL.
ANY MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE
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NYS ASSEMBLY JUNE 1, 2022
CONFERENCE POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY
LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, MADAM SPEAKER, FOR
GIVING ME A SECOND OPPORTUNITY TO ANNOUNCE THAT THE REPUBLICAN
CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION FOR THE REASONS I
WILL EXPLAIN IN A MOMENT. AFTER THE EXPLANATION I HOPE MY COLLEAGUES
WAIT AT LEAST THAT LONG. THOSE WHO WISH TO VOTE YES, CAN DO SO CERTAINLY
HERE ON THE FLOOR OR BY CONTACTING THE MINORITY LEADER'S OFFICE.
ACTING SPEAKER LUNSFORD: MS. HYNDMAN.
MS. HYNDMAN: MADAM SPEAKER, THE MAJORITY
CONFERENCE WILL BE IN THE AFFIRMATIVE ON THIS PIECE OF LEGISLATION.
SHOULD ANY MEMBERS WANT TO WISH TO VOTE IN THE NEGATIVE PLEASE
CONTACT THE MAJORITY LEADER'S OFFICE AT THE NUMBER PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER LUNSFORD: MR. GOODELL TO
EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, MADAM SPEAKER. THIS
BILL ALLOWS THE CITY OF NEW YORK TO SELL ITS BONDS, ITS DEBT, AT A PRIVATE
SALE RATHER THAN THROUGH A COMPETITIVE BID PROCESS THAT APPLIES TO
ALMOST ALL OF THE OTHER MUNICIPALITIES THROUGHOUT THE STATE OF NEW
YORK. SO IF YOU LIVE IN SUFFOLK COUNTY OR NASSAU COUNTY OR
WESTCHESTER OR ALMOST ANY OF THE OTHER COUNTIES WITH THE EXCEPTION OF
ERIE, THOSE BONDS ARE PUT OUT FOR A COMPETITIVE BID. AND ARE THREE
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NYS ASSEMBLY JUNE 1, 2022
IMPORTANT REASONS WHY WE USE COMPETITIVE BIDDING: FIRST, COMPETITIVE
BIDDING HAS BEEN PROVEN OVER HISTORY TO GIVE YOU THE BEST PRICE. OR IN
THE CASE OF A BOND THE LOWEST INTEREST RATE. SECOND, COMPETITIVE
BIDDING ENSURES THAT EVERYONE HAS A FAIR AND EQUAL OPPORTUNITY TO BID
ON IT. THERE AREN'T THE INSIDERS OR THE OUTSIDERS, THERE AREN'T THE
WINNERS OR THE LOSERS. OPEN COMPETITIVE BIDDING GIVES EVERYONE A FAIR
OPPORTUNITY. AND THIRD, COMPETITIVE BIDDING HELPS AVOID COLLUSION AND
FAVORITISM AND CORRUPTION, WHEREAS IF YOU'RE NEGOTIATING DIRECTLY WITH A
PERSON ON A MULTIMILLION OR BILLION-DOLLAR BOND TRANSACTION, THERE ARE A
DOZEN WAYS TO SUNDAY WHERE THAT PERSON CAN REWARD YOU FOR YOUR
PRIVATE NEGOTIATIONS, WHETHER IT'S CAMPAIGN CONTRIBUTIONS OR SUPPORT IN
ANY NUMBER OF OTHER WAYS. SO THE REASON WHY EVERY -- ALMOST EVERY
OTHER MUNICIPALITY COMPETITIVELY BIDS ITS BONDS IS TO GET THE BEST PRICE
FOR THE TAXPAYERS, TO BE FAIR FOR EVERYONE AND TO AVOID THE POTENTIAL OF
FRAUD, COLLUSION OR CORRUPTION.
NOW, THE CITY OF NEW YORK RECEIVES SPECIAL
AUTHORIZATION TO SELL THEIR BONDS AT A PRIVATE SALE. IN 1978 THERE WAS A
TEMPORARY AUTHORIZATION, TEMPORARY, 44 YEARS AGO IN 1978 BECAUSE THE
CITY OF NEW YORK WAS ON THE EDGE OF BANKRUPTCY. DO YOU REMEMBER
THAT? AND THEY COULDN'T SELL THEM. AND EVERY YEAR SINCE THEN FOR 44
YEARS WE'VE ALLOWED THEM TO CONTINUE. NEW YORK CITY IS NO LONGER IN
BANKRUPTCY, THERE'S NO LONGER ANY JUSTIFICATION AND, THEREFORE, WE
SHOULD NOT EXTEND THIS TO AN EXTENSION OF 46 YEARS.
THANK YOU, MADAM SPEAKER.
ACTING SPEAKER LUNSFORD: THANK YOU.
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NYS ASSEMBLY JUNE 1, 2022
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 11, RULES REPORT NO. 390, THE CLERK WILL READ.
THE CLERK: SENATE NO. S08902, RULES REPORT NO.
390, SENATOR BRESLIN (A10227, COMMITTEE ON RULES, CAHILL). AN ACT
TO AMEND THE INSURANCE LAW, IN RELATION TO EXTENDING CERTAIN
PROVISIONS RELATING TO MEDICAL MALPRACTICE INSURERS.
ACTING SPEAKER LUNSFORD: AN EXPLANATION
IS REQUESTED.
MR. CAHILL: YES, THANK YOU, MADAM SPEAKER.
THIS BILL WOULD MERELY EXTEND THE PROVISIONS OF THE INSURANCE LAW
INTO 2025 TO EXEMPT MEDICAL MALPRACTICE INSURERS FROM CERTAIN RISK-
BASED CAPITAL REQUIREMENTS. I THINK THAT WAS A LITTLE SHORTER THAN MR.
THIELE'S EXPLANATION OF THE BILL TWO -- ABOUT TWO AGO. THAT'S IT. THAT'S
THE WHOLE EXPLANATION.
ACTING SPEAKER LUNSFORD: MR.
BLANKENBUSH.
MR. GOODELL: MADAM SPEAKER, IF I MAY.
ACTING SPEAKER LUNSFORD: MR. GOODELL.
MR. GOODELL: THANK YOU. YOU KNOW, MADAM
SPEAKER, SOMETIMES WE GO JUST LIKE CLOCKWORK AND SOMETIMES WE
THROW A FEW CURVE BALLS. THANK YOU FOR RECOGNIZING ME. WOULD THE
SPONSOR YIELD?
MR. CAHILL: NO. YES, OF COURSE.
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MR. GOODELL: I'M HAPPY EITHER WAY.
MR. CAHILL: I'M SO HAPPY, MR. GOODELL.
MR. GOODELL: MR. CAHILL, THIS IS REALLY DESIGNED
TO HELP PHYSICIANS DEAL WITH SOME OF THEIR MALPRACTICE INSURANCE; IS
THAT CORRECT?
MR. CAHILL: YES, THAT'S INDEED CORRECT. THESE ARE
TWO MEDICAL MALPRACTICE INSURANCE COMPANIES THAT SEVERAL YEARS AGO
WERE REGISTERING IN VERY SIGNIFICANT CAPITAL DEFICITS. THEY WERE
BASICALLY PUT INTO REHABILITATION AND OVER THE PAST SEVERAL YEARS HAVE
BEEN ABLE TO GO FROM A DEFICIT SITUATION TO A MINOR SURPLUS. BUT THE
DEPARTMENT OF FINANCIAL SERVICES BELIEVES WITH ANOTHER THREE YEARS TO
GO, THESE TWO COMPANIES CAN BE FULLY REHABILITATED AND BE VITAL PARTS OF
THE MEDICAL MALPRACTICE INSURANCE PRODUCT THAT'S AVAILABLE IN THE STATE
OF NEW YORK.
MR. GOODELL: BUT IN -- IN THE PROCESS IT ALSO
ADJUSTS THE CAPITAL REQUIREMENTS FOR AN INSURANCE COMPANY, CORRECT?
MR. CAHILL: IT ADJUSTS THE CAPITAL REQUIREMENTS FOR
THE INSURANCE COMPANIES TEMPORARILY, YES.
MR. GOODELL: AND WHAT IT DOES IS IT ELIMINATE --
OR REDUCES, SIGNIFICANTLY REDUCES THE NORMAL CAPITAL REQUIREMENTS THAT
AN INSURANCE COMPANY WOULD HAVE FOR THIS TYPE OF COVERAGE?
MR. CAHILL: YES, IT TEMPORARILY REDUCES THE
CAPITAL REQUIREMENTS THAT THESE COMPANIES WOULD BE REQUIRED TO
MAINTAIN.
MR. GOODELL: AND WHAT IS THAT REDUCTION?
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NYS ASSEMBLY JUNE 1, 2022
MR. CAHILL: WELL, IT'S -- IT'S -- IT'S PREVENTING THEM
FROM HAVING TO MEET THE MINIMUMS, WHICH I BELIEVE IS A DETERMINATION
THAT IS MADE BY THE DEPARTMENT OF FINANCIAL SERVICES.
MR. GOODELL: THANK YOU VERY MUCH. I
APPRECIATE YOUR COMMENTS.
ON THE BILL, MADAM SPEAKER.
ACTING SPEAKER LUNSFORD: ON THE BILL.
MR. GOODELL: THERE'S NO DOUBT THAT THOSE WHO
ARE ENGAGED IN DELIVERING BABIES FACE EXTRAORDINARILY HIGH LIABILITY
COSTS BECAUSE A SMALL ERROR CAN HAVE LIFETIME CONSEQUENCES. AND SO IN
AN EFFORT TO HELP THEM WE IMPLEMENTED THIS PROGRAM TO PROVIDE
ASSISTANCE, IF YOU WILL, FOR THAT PARTICULAR CATEGORY OF INSUREDS. SEVERAL
OF MY COLLEAGUES, THOUGH, HAVE CONSIDERABLE CONCERNS ON THIS BECAUSE
IT, AS THE SPONSOR NOTED, SUBSTANTIALLY REDUCES THE CAPITAL RESERVE
REQUIREMENTS AND THAT DRAMATICALLY INCREASES THE RISK THAT AN INSURANCE
COMPANY WON'T HAVE ENOUGH CASH TO ACTUALLY MAKE THE PAYMENTS THAT
WOULD BE REQUIRED. AND THAT'S WHY WE HAVE THOSE CAPITAL RESERVES.
AND SO, FOR EXAMPLE, THE NEW YORK STATE INSURANCE ASSOCIATION
WROTE, THE MEASURE REPRESENTS EXTREMELY DANGEROUS PUBLIC POLICY
BECAUSE IT WOULD EVISCERATE THE CURRENT STRONG STATUTORY ACCOUNTING
RULES FOR INSURANCE COMPANIES THAT REQUIRE ADEQUATE RESERVES AND
SURPLUS BASED ON ACTUAL FINANCIAL ASSETS AND INSTEAD WOULD REPLACE IT
WITH A CASH ACCOUNTING METHODOLOGY. AND SO WHILE WE ARE VERY
SYMPATHETIC FOR THE OBJECTIVES OF THIS WILL -- OF THIS BILL, WE ARE VERY
CONCERNED ABOUT THE REDUCTION IN CAPITAL REQUIREMENTS AND THE DANGER
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IT POSES FOR THIS TYPE OF INSURANCE POLICY WHICH COULD VERY HAVE VERY
SERIOUS RAMIFICATIONS IF THE CASH ACCOUNTING METHOD PROVES TO BE
INADEQUATE. AND FOR THAT REASON, THE LAST TIME THIS CAME UP FOR A VOTE
THERE WERE 38 NO VOTES.
THANK YOU, MADAM SPEAKER.
ACTING SPEAKER LUNSFORD: MR. GOODELL.
MR. GOODELL: THANK YOU, MADAM SPEAKER. THE
REPUBLICAN CONFERENCE WILL BE GENERALLY OPPOSED TO THIS LEGISLATION.
AND SO ACTUALLY CALL FOR THE VOTE. THOSE WHO ARE IN THE REPUBLICAN
CONFERENCE THAT WANT TO VOTE FOR IT CAN CERTAINLY DO HERE IN THE
CHAMBER OR BY CALLING THE MINORITY LEADER'S OFFICE.
THANK YOU, MADAM SPEAKER.
ACTING SPEAKER LUNSFORD: WE'RE ALL EAGER.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER LUNSFORD: THE CLERK WILL
RECORD THE VOTE ON SENATE BILL 8902. 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.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MADAM SPEAKER, THE
MAJORITY CONFERENCE IS GOING TO GENERALLY BE IN FAVOR OF THIS PIECE OF
LEGISLATION. HOWEVER, THERE MAY BE SOME OF OUR COLLEAGUES WHO
WOULD CHOOSE NOT TO DO SO. THEY SHOULD FEEL FREE TO CONTACT THE
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NYS ASSEMBLY JUNE 1, 2022
MAJORITY LEADER'S OFFICE SO THAT THEIR VOTE MAY BE PROPERLY RECORDED.
THANK YOU, MA'AM.
ACTING SPEAKER LUNSFORD: THANK YOU.
(THE CLERK RECORDED THE VOTE.)
MR. BLANKENBUSH TO EXPLAIN HIS VOTE.
MR. BLANKENBUSH: THANK YOU, MADAM
SPEAKER. AS MY COLLEAGUE HAS -- HAS JUST SPOKEN, THE -- THIS MEASURE I
THINK IS EXTREMELY DANGEROUS FOR PUBLIC POLICY. RIGHT NOW, THE
INSURANCE COMPANIES CURRENTLY HAVE STRONG STATUTORY ACCOUNTING RULES
FOR INSURANCE COMPANIES THAT REQUIRE ADEQUATE RESERVES AND SURPLUSES
BASED ON ACTUAL FINANCIAL ASSETS AND REPLACE IT WITH CASH ACCOUNTING IS
A SCHEME FOR MEDICAL MALPRACTICE INSURERS. THEY CAN COUNT POTENTIAL
BUT NOT ACTUALLY EXISTING SURCHARGES AND ASSESSMENTS AS ADMITTED ASSETS
OF THE MEDICAL MALPRACTICE INSURER.
FOR THOSE REASONS, I WILL BE -- I WILL BE VOTING NO AND
HOPE MY COLLEAGUES WOULD FOLLOW SUIT. THANK YOU.
ACTING SPEAKER LUNSFORD: MR.
BLANKENBUSH IN THE NEGATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MADAM SPEAKER,
COLLEAGUES, WE ARE ACTUALLY DOING PRETTY WELL. WE COULD GO A LITTLE
FASTER, BUT WE'RE DOING GOOD. WE'RE DOING GOOD. SO LET'S JUST KEEP
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GOING HERE. MR. ANDERSON HAS NOT MADE IT BACK TO THE BUILDING YET, SO
WE ARE GOING TO GO TO RULES REPORT NO. 472, RULES REPORT NO. 473,
RULES REPORT NO. 477 AND RULES REPORT NO. 478. THESE ARE NOT
DEBATABLE -- THEY'RE -- WELL, THEY COULD BE DEBATABLE BUT I DON'T THINK
THEY WILL BE, SIR -- MA'AM. THANK YOU. THEN WE'RE GOING TO RULES
REPORT NO. 405 BY MR. GOTTFRIED, FOLLOWED BY RULES REPORT --
ACTUALLY, CALENDAR -- WAS IT RULES? YES, IT IS RULES REPORT -- IT'S 514,
IT'S BY MS. FAHY.
THANK YOU.
ACTING SPEAKER LUNSFORD: PAGE 16, RULES
REPORT NO. 472, THE CLERK WILL READ.
THE CLERK: SENATE NO. S08129, RULES REPORT NO.
472, SENATOR KENNEDY (A09365, PEOPLES-STOKES). AN ACT TO AMEND
THE LOCAL FINANCE LAW, IN RELATION TO THE SALE OF MUNICIPAL OBLIGATIONS
BY THE COUNTY OF ERIE.
ACTING SPEAKER LUNSFORD: READ THE LAST
SECTION. OH, HOME RULE MESSAGE IS AT THE DESK.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER LUNSFORD: THE CLERK WILL
RECORD THE VOTE SENATE BILL 8129. 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.
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NYS ASSEMBLY JUNE 1, 2022
MR. GOODELL: THANK YOU, MADAM SPEAKER. THE
REPUBLICAN CONFERENCE WILL BE GENERALLY OPPOSED TO THIS FOR THE
REASONS I WILL EXPLAIN SHORTLY. THOSE WHO WISH TO VOTE IN FAVOR OF IT
CAN CERTAINLY DO SO HERE ON THE FLOOR OR BY CALLING THE MINORITY
LEADER'S OFFICE.
THANK YOU, MADAM SPEAKER.
ACTING SPEAKER LUNSFORD: MRS. PEOPLES-
STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MADAM
SPEAKER. THE MAJORITY CONFERENCE IS STILL GOING TO BE IN FAVOR OF LOCAL
PEOPLE MAKING LOCAL DECISIONS. HOWEVER, SHOULD SOME COLLEAGUES
DESIRE TO BE AN EXCEPTION THEY ARE CERTAINLY WELCOME TO CONTACT THE
MAJORITY LEADER'S OFFICE AND WE'LL MAKE SURE THEIR VOTE IS PROPERLY
RECORDED.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER LUNSFORD: MR. GOODELL.
MR. GOODELL: THANK YOU, MADAM SPEAKER. AS
WITH THE BILL THAT WE TALKED ABOUT A MOMENT AGO DEALING WITH THE CITY
OF NEW YORK, THIS BILL WOULD AUTHORIZE THE COUNTY OF ERIE TO SELL ITS
DEBT OR ITS BONDS IN A PRIVATE SALE. AND I WOULD NOTE THAT ALL THE OTHER
COUNTIES OUTSIDE OF THE CITY OF NEW YORK INCLUDING SUFFOLK AND
NASSAU SELL THEIR BONDS AT PUBLIC AUCTION. AND THEY DO THAT TO GET THE
BEST PRICE FOR THE TAXPAYERS, TO AVOID FAVORITISM AND GIVE EVERYONE A
FAIR AND EQUAL OPPORTUNITY TO BID, AND TO AVOID THE POTENTIAL FOR ANY
CORRUPTION OR ABUSE. AND WE INITIALLY AUTHORIZED THIS FOR THE COUNTY OF
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NYS ASSEMBLY JUNE 1, 2022
ERIE AT A TIME WHEN THEY WERE FACING VERY SEVERE FINANCIAL STRESS.
THANKFULLY, THROUGH THE LEADERSHIP OF THAT COUNTY THEY'VE MADE
DRAMATIC IMPROVEMENTS IN THEIR FINANCIAL STRENGTH, AND FOR THAT REASON
I THINK WE SHOULD REVERT BACK TO THE SAME PROCESS USED BY ALL THE OTHER
COUNTIES IN THE STATE OF NEW YORK WITH THE EXCEPTION OF THOSE IN NEW
YORK CITY AND HAVE AN OPEN COMPETITIVE BID THAT'S FAIR, OPEN,
TRANSPARENT, FOCUSED ON GETTING THE BEST PRICE FOR EVERYONE IN THE CITY
OF -- OR THE COUNTY OF ERIE.
FOR THAT REASON, I'LL OPPOSE IT AND RECOMMEND AGAINST
IT TO MY COLLEAGUES. THANK YOU, MADAM SPEAKER.
ACTING SPEAKER LUNSFORD: MR. GOODELL IN
THE NEGATIVE.
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 16, RULES REPORT NO. 473, THE CLERK WILL READ.
THE CLERK: SENATE NO. S08253, RULES REPORT NO.
473, SENATOR KENNEDY (A09367, PEOPLES-STOKES). AN ACT TO AMEND
THE LOCAL FINANCE LAW, IN RELATION TO FACILITATING THE MARKETING OF ANY
ISSUE OF SERIAL BONDS OR NOTES OF THE CITY OF BUFFALO ISSUED ON OR BEFORE
A CERTAIN DATE.
ACTING SPEAKER AUBRY: HOME RULE MESSAGE
IS AT THE DESK.
READ THE LAST SECTION.
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THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 8253. THIS IS A PARTY VOTE. ANY MEMBER WHO
WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION IS
REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS
PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. THE
REPUBLICAN CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION FOR THE
REASON THAT WE'VE DISCUSSED IN THE LAST TWO BILLS. AGAIN, IT'S A PRIVATE
SALE OF BONDS USING A -- A BUYER THAT'S BEEN HAND-SELECTED RATHER THAN
THROUGH AN OPEN COMPETITIVE BID PROCESS. AND FOR THAT REASON THE
REPUBLICAN CONFERENCE WILL GENERALLY OPPOSE THIS AND INSTEAD
RECOMMEND AN OPEN COMPETITIVE BID AVAILABLE TO EVERYBODY, DESIGNED
TO GET THE LOWEST PRICE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE IS GENERALLY GOING TO BE IN FAVOR OF
THIS PIECE OF LEGISLATION. HOWEVER, THERE MAY BE SOME WHO WOULD
CHOOSE NOT TO. THEY CAN FEEL FREE TO CONTACT THE MAJORITY LEADER'S
OFFICE, WE'LL BE HAPPY TO RECORD YOUR VOTE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
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(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 17, RULES REPORT NO. 477, THE CLERK WILL READ.
THE CLERK: SENATE NO. S08497, RULES REPORT NO.
477, SENATOR KAMINSKY (A09465, LAVINE). AN ACT TO AMEND THE REAL
PROPERTY TAX LAW, IN RELATION TO BASE PROPORTIONS IN ASSESSING UNITS IN
NASSAU COUNTY.
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 PRINT 8497. 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. THERE WILL BE
MEMBERS THAT WILL BE SUPPORTING IT, FOR SURE. SO THOSE MEMBERS WHO
ARE SUPPORTING IT, MAKE SURE YOU VOTE YES ON THE FLOOR OR CONTACT THE
MINORITY LEADER'S OFFICE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. MAJORITY COLLEAGUES ARE -- WILL GENERALLY BE IN SUPPORT OF THIS
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ONE. HOWEVER, THERE MAY BE A FEW THAT WOULD CHOOSE NOT TO. THEY
SHOULD FEEL FREE TO CONTACT THE MINORITY LEADER'S OFFICE. WE'LL MAKE
SURE THEIR VOTE IS PROPERLY RECORDED.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER AUBRY: THANK YOU, MA'AM.
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, SIR. THE COUNTY OF
SUFFOLK HAS A TAX -- TAXING SYSTEM, REAL PROPERTY TAX SYSTEM THAT'S A
LITTLE BIT UNIQUE IN THAT THEY PUT PROPERTIES IN DIFFERENT CLASSIFICATIONS.
SO YOU CAN HAVE A RESIDENTIAL CLASSIFICATION OR A COMMERCIAL
CLASSIFICATION OR OTHER CLASSIFICATIONS. AND WHAT THIS BILL DOES, IT SAYS
BASICALLY THE RESIDENTIAL BASE WILL NOT INCREASE BY MORE THAN ONE
PERCENT IN THE -- OVER THE PRIOR YEAR. NOW, NOT SURPRISINGLY THIS IS A
VERY, VERY POPULAR PROVISION FOR RESIDENTS WHO DON'T WANT TO PAY MORE
IN PROPERTY TAXES. AND WHO DOES, RIGHT? AND IT'S EQUALLY VERY
UNPOPULAR WITH EVERYONE ELSE WHO HAS TO PAY A LOT MORE BECAUSE THEY
PICK UP THE DIFFERENCE. SO MANY OF US UPSTATE WHO ARE NOT LIVING IN
THE COUNTY OF SUFFOLK THINK A FAIR AND EQUITABLE APPROACH IS TO TAX
EVERYONE BASED ON FAIR MARKET VALUE. BUT I CERTAINLY RECOGNIZE THAT
MY COLLEAGUES FROM SUFFOLK COUNTY WHOSE RESIDENTS ARE AFFECTED BY
THIS -- BY THIS BILL WILL WANT TO PROBABLY VOTE IN FAVOR OF KEEPING THE
RESIDENTS WHO VOTE -- IN NASSAU COUNTY, MY COLLEAGUES IN NASSAU
COUNTY WANT TO BE PAYING ATTENTION TO THE BILL THAT WE'RE ACTUALLY ON SO
THAT THEY CAN VOTE APPROPRIATELY.
THANK YOU, SIR. SAME SITUATION IN NASSAU AND SUFFOLK
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COUNTY, BUT THANK YOU, SIR, FOR POINTING THAT OUT.
ACTING SPEAKER AUBRY: MS. --
(PAUSE)
MR. GOODELL.
MR. GOODELL: PLEASE RECORD THE FOLLOWING
COLLEAGUES VOTING FOR NASSAU COUNTY'S PROPORTIONAL ASSESSING UNIT
SYSTEM: MR. DESTEFANO, MR. DURSO, MR. MCDONOUGH AND MR.
MIKULIN.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 17, RULES, REPORT NO. 478, THE CLERK WILL READ.
THE CLERK: SENATE NO. S08387, RULES REPORT NO.
478, MS. -- SENATOR STEWART-COUSINS (A09490, PRETLOW). AN ACT TO
AMEND THE LOCAL FINANCE LAW, IN RELATION TO BONDS AND NOTES OF THE
CITY OF YONKERS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT --
ACTING SPEAKER AUBRY: HOME RULE IS AT THE
DESK.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
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NYS ASSEMBLY JUNE 1, 2022
THE VOTE ON SENATE PRINT 8387. THIS IS A PARTY VOTE. ANY MEMBER WHO
WISHES TO BE TO 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 FOR THE
REASONS I'LL MENTION. BUT THOSE WHO SUPPORT IT CAN CERTAINLY VOTE YES
ON THE FLOOR OR BY CONTACTING THE MINORITY LEADER'S OFFICE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU. AGAIN, MR.
SPEAKER, I WANT TO -- GENERALLY, MAJORITY CONFERENCE MEMBERS WILL BE
IN SUPPORT OF THE LOCAL DECISIONS SO THEY'LL BE VOTING IN FAVOR OF THIS
ONE. HOWEVER, THERE MAY BE A FEW THAT WOULD LIKE TO BE AN EXCEPTION.
WE WILL WELCOME THEIR VOTE BY CALLING THE MAJORITY LEADER'S OFFICE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, MA'AM.
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, SIR. IN 2007 THIS
ASSEMBLY AUTHORIZED THE CITY OF YONKERS TO SELL BONDS AT A PRIVATE
SALE BECAUSE THEY WERE STRUGGLING FINANCIALLY. AND THANKFULLY, THE
CITY OF YONKERS HAS DRAMATICALLY IMPROVED ITS FINANCIAL SITUATION, YET
UNLIKE ALMOST EVERY OTHER CITY IN THE STATE OF NEW YORK IT STILL WANTS
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TO SELL ITS BONDS AT A PRIVATE NEGOTIATED SALE, PICKING A WINNER AND
LOSERS ON THOSE WHO CAN PROFIT FROM THE SALE OF ITS BONDS. AND THE
REPUBLICAN CONFERENCE GENERALLY SUPPORTS OPEN, COMPETITIVE BIDDING
DESIGNED TO GET THE BEST PRICE, TO BE FAIR AND EQUAL TO EVERYBODY AND TO
REDUCE THE LIKELIHOOD OF FAVORITISM OR ANY CORRUPTION.
FOR THAT REASON MOST OF MY COLLEAGUES, IF NOT ALL --
MOST OF MY COLLEAGUES WILL BE VOTING AGAINST THIS. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, WOULD YOU
PLEASE RECORD OUR COLLEAGUE MR. ENGLEBRIGHT IN THE NEGATIVE ON THIS
ONE?
ACTING SPEAKER AUBRY: SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
PAGE 13, RULES REPORT NO. 405, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A07230-B, RULES
REPORT NO. 405, GOTTFRIED, HEVESI, DINOWITZ, BRAUNSTEIN, MCDONALD,
THIELE, STIRPE, SIMON, STECK, FERNANDEZ, SOLAGES, L. ROSENTHAL,
SEAWRIGHT, GLICK, BRONSON, JEAN-PIERRE, COLTON, WALKER, PRETLOW,
WOERNER, REYES, BURGOS, AUBRY, GALEF, ZEBROWSKI, GRIFFIN. AN ACT TO
AMEND THE PUBLIC HEALTH LAW, IN RELATION TO ESTABLISHING THE PRIMARY
CARE REFORM COMMISSION.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MR. GOTTFRIED.
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MR. GOTTFRIED: YES, MR. SPEAKER. THIS BILL
WOULD CREATE A COMMISSION ON PRIMARY CARE SPENDING TO DEVELOP
RECOMMENDATIONS ON INCREASING SPENDING ON PRIMARY CARE,
STRENGTHENING PRIMARY CARE INFRASTRUCTURE AND AVOIDING ANY INCREASE IN
COSTS TO PATIENTS OR TOTAL HEALTHCARE SPENDING.
ACTING SPEAKER AUBRY: MR. RA.
MR. RA: THANK YOU, MR. SPEAKER. WILL THE SPONSOR
YIELD?
MR. GOTTFRIED: YES.
ACTING SPEAKER AUBRY: MR. GOTTFRIED YIELDS,
SIR.
MR. RA: THANK YOU, MR. GOTTFRIED. SO JUST A FEW
QUESTIONS ON THIS. I THINK THE GOAL OF THE BILL IS A LAUDABLE ONE AND ONE
THAT I THINK WE'VE TALKED ABOUT OFTEN ON THE HEALTH COMMITTEE AND THIS
CHAMBER. BUT, YOU KNOW, IT DOES HAVE REQUIREMENTS THAT SOME ON THE
INSURANCE SIDE HAVE VIEWED AS BEING ONEROUS AND PERHAPS DUPLICATIVE
OF -- OF EXISTING COSTS. SO I -- I WANT TO START WITH JUST, YOU KNOW, MY
UNDERSTANDING IS ALL THE INSURERS WOULD HAVE TO SUBMIT INFORMATION FOR
THE PRIOR FIVE YEARS; IS THAT CORRECT?
MR. GOTTFRIED: IT REQUIRES INFORMATION FOR THE
PRIOR FIVE YEARS AND THEN ANNUALLY GOING FORWARD, YES.
MR. RA: OKAY. AND IN TERMS OF THE DETAIL OF THIS
INFORMATION AND HOW IT DIFFERS FROM THE ALL-PAYER DATABASE THAT WAS
PREVIOUSLY ESTABLISHED, WHAT ADDITIONAL INFORMATION IS THIS BILL GOING TO
REQUIRE BE DISCLOSED?
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MR. GOTTFRIED: I DON'T KNOW THAT IT'S ADDITIONAL
INFORMATION. IT WOULD -- IT WOULD HAVE THE INFORMATION PROVIDED IN THE
-- IN THE AGGREGATE BY TWO MAJOR CATEGORIES. ONE IS PRIMARY CARE
SPENDING, THE OTHER IS EVERYTHING ELSE. I DON'T -- SO IT'S, YOU KNOW, IT'S
NOT INFORMATION THAT EVERY THIRD-PARTY PAYER DOESN'T HAVE READILY
AVAILABLE AT THE PUSH OF A BUTTON.
MR. RA: SO, I MEAN, I DO THINK THIS WOULD BE A LARGE
AMOUNT OF DATA BUT YOU'RE SAYING IT'S DATA THAT THEY'RE LARGELY ALREADY
DISCLOSING?
MR. GOTTFRIED: ANY INSURANCE CEO THAT DOESN'T
HAVE THIS INFORMATION READILY AVAILABLE BEFORE LUNCHTIME ON ANY GIVEN
DAY IS AN INSURANCE COMPANY THAT IS PROBABLY ALREADY BANKRUPT.
MR. RA: OKAY. NOW, WHAT -- WHAT ABOUT, YOU
KNOW, PROPRIETARY DATA? PRICING INFORMATION, PROPRIETARY INFORMATION.
WOULD THEY BE REQUIRED TO DISCLOSE THAT AS WELL?
MR. GOODELL: THE BILL DOES NOT SPEAK TO ANYTHING
RESEMBLING THAT. ALTHOUGH INFORMATION THAT COMES THAT IS SIMILAR TO
THAT IS ARGUABLY ALREADY IN THE ALL-PAYER CLAIMS DATABASE. BUT ACTUALLY
THIS BILL DOES NOT SPEAK IN THOSE TERMS.
MR. RA: OKAY. NOW, ONE OF THE OTHER ISSUES THAT
HAS BEEN EXPRESSED AND -- AND I THINK THERE'S CONCERNS ABOUT WHAT
ULTIMATELY WOULD COME OUT OF THIS INFORMATION AND RECOMMENDATIONS
THAT MAY COME FORWARD. SO, THEY'RE -- THEY'RE CONCERNED WITH THE
PLAN'S ABILITY TO MINIMIZE CONSUMER COST-SHARING AND HIGH QUALITY OF
CARE --
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MR. GOTTFRIED: COULD YOU HOLD -- HOLD ON FOR
JUST A SECOND?
MR. RA: -- AND ITS ABILITY TO NEGOTIATE TERMS.
MR. GOTTFRIED: COULD YOU FOLKS KEEP IT DOWN? I
CAN'T HEAR HIM.
I'M SORRY. YES.
MR. RA: SO IN TERMS OF THE PLAN'S ABILITY TO NEGOTIATE
TERMS, THAT'S ONE OF THE OBJECTIONS OR CONCERNS THAT HAS BEEN RAISED THAT
THIS WOULD -- MAY RESULT IN LIMITS TO THEIR ABILITY TO NEGOTIATE TERMS.
MR. GOTTFRIED: THEY MUST BE THINKING OF A
DIFFERENT BILL. I'M -- YOU AND I HAVE I ASSUME BOTH READ THE BILL.
THERE'S NOTHING RESEMBLING THAT IN THIS BILL. AMONG OTHER THINGS, THIS
BILL DOESN'T -- THIS COMMISSION DOESN'T HAVE THE AUTHORITY TO ORDER
ANYTHING. ALL IT CAN DO IS MAKE RECOMMENDATIONS.
MR. RA: CORRECT. AND I -- AND I THINK THEIR -- THEIR
CONCERN THERE IS BEING RAISED IN TERMS OF THAT THAT MAY BE A GOAL OR
SOMETHING THAT COMES ABOUT AFTER THIS INFORMATION IS ANALYZED AND
RECOMMENDATIONS ARE MADE. AND, YOU KNOW, YOU'RE CORRECT, THAT
WOULD I GUESS REALLY BE UP TO THIS BODY IN THE FUTURE TO DECIDE WHAT TO
DO WITH THAT INFORMATION AND PERHAPS GOING DOWN THAT ROAD.
MR. GOTTFRIED: RIGHT. AND REMEMBER THAT THE
BILL ALSO TALKS ABOUT CALLING ON THE COMMISSION TO AVOID
RECOMMENDATIONS THAT WOULD INCREASE TOTAL SPENDING ON HEALTHCARE.
SO, FOR THIRD-PARTY PAYERS THE RECOMMENDATIONS MAY CALL FOR SHIFTING
MONEY TOWARDS PRIMARY CARE, WHICH I THINK ANY INSURANCE COMPANY
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WORTH ITS SALT RECOGNIZES IS THE WAY TO GO IF YOU'RE GOING TO BE
IMPROVING THE QUALITY OF CARE AND ULTIMATELY SAVING MONEY. THIS
SHOULD NOT BE AN ISSUE FOR -- FOR THE INSURANCE INDUSTRY.
MR. RA: ALL RIGHT. THANK -- THANK YOU, MR.
GOTTFRIED.
MR. GOTTFRIED: YOU'RE WELCOME.
MR. RA: MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. RA: LET ME JUST QUICKLY BEFORE I SPEAK ABOUT
THE BILL QUICKLY, THANK YOU TO THE SPONSOR. THIS MAY BE THE LAST CHANCE
I HAVE THE OPPORTUNITY TO ASK THE SPONSOR QUESTIONS ON HEALTHCARE
ISSUES, SO I WISH HIM WELL. I'VE LEARNED A LOT ABOUT THIS TOPIC FROM --
FROM SERVING ON THE HEALTH COMMITTEE FOR MANY YEARS. SO THANK YOU
FOR, YOU KNOW, FOR THE OPPORTUNITY TO ASK SOME QUESTIONS ON THIS BILL.
AS -- AS I SAID, I THINK THE GOAL OF INCREASING THE USE
OF PRIMARY CARE IS ONE THAT WE'VE TALKED ABOUT A LOT ON THE HEALTH
COMMITTEE, IN THIS BODY, AND OBVIOUSLY IN TERMS OF JUST UTILIZING THE
HEALTHCARE SERVICES THAT ARE OUT THERE AND USING THEM EFFICIENTLY. THE
CONCERN THAT HAS BEEN RAISED WITH REGARD TO THIS BILL IS -- IS REALLY
TWOFOLD. IT'S -- ONE IS THAT THE REQUIREMENTS MAY BE DUPLICATIVE OF
OTHER PRIOR PIECES OF LEGISLATION, PRIOR LAWS THAT -- THAT THEY'RE
COMPLYING WITH. IT IS A LOT OF DATA, BUT ON TOP OF THAT WHERE THIS
ULTIMATELY LEADS US. AND I JUST WANT TO QUICKLY READ THE POINT I WAS
MAKING ABOUT THE ABILITY TO NEGOTIATE TERMS AND -- BEAR WITH ME. SO
THEY SAID, IMPLEMENTATION OF ANY RECOMMENDATION RESULTING FROM THIS
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BILL THAT STRUCK THIS CRITICAL FUNCTION WOULD BE UNPRECEDENTED AND
SIGNIFICANTLY HAMPER THE INSURANCE EFFORTS TO OFFER AFFORDABLE
PREMIUMS WITH MINIMAL COST-SHARING RESPONSIBILITIES. NOW, WE'RE
TALKING OBVIOUSLY ABOUT THE SPENDING ON PRIMARY CARE, TOTAL SPENDING
BY THESE PROVIDERS. LIKE I SAID, THE ULTIMATE GOAL IS A VERY GOOD ONE,
BUT GETTING THERE IN A WAY THAT ALLOWS THE PROVIDERS TO DO THE THINGS
THAT THEY DO TO PROVIDE CARE EFFICIENTLY IS REALLY I THINK WHERE -- WHERE
THE CRUX OF THE ISSUE IS HERE.
SO I JUST WANTED TO RAISE THOSE CONCERNS AND I THANK
THE SPONSOR FOR ANSWERING MY QUESTIONS. 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 7230-B. THIS IS A PARTY VOTE. ANY
MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE
POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE
NUMBERS PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE IS GENERALLY OPPOSED TO THIS BILL, BUT THOSE WHO SUPPORT IT
CAN CERTAINLY VOTE YES ON THE FLOOR OR BY CALLING THE MINORITY LEADER'S
OFFICE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES.
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NYS ASSEMBLY JUNE 1, 2022
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE IS GENERALLY GOING TO BE IN FAVOR OF
THIS PIECE OF LEGISLATION FROM SOMEONE WHO'S PROBABLY THE BEST CHAIR
OF THE HEALTH COMMITTEE THIS HOUSE HAS EVER SEEN, MR. GOTTFRIED.
HOWEVER, THERE MAY BE SOME OF OUR COLLEAGUES THAT WOULD CHOOSE TO
BE AN EXCEPTION. THEY'RE WELCOME TO CALL THE MAJORITY LEADER'S OFFICE
AND WE'LL BE PLEASED TO RECORD THEIR VOTE.
ACTING SPEAKER AUBRY: CERTAINLY.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. I THINK EVERYONE
HERE IN THE ROOM AGREES THAT PRIMARY CARE SHOULD BE CONSIDERED
PRIMARY AND THAT THERE IS A GREAT DEAL OF WISDOM IN MAKING SURE THAT
INDIVIDUALS HAVE ACCESS TO HIGH-QUALITY PRIMARY CARE, AND THAT HIGH-
QUALITY PRIMARY CARE CAN HAVE LONG-TERM PHYSICAL BENEFITS. THE
CONCERN THAT MANY OF MY COLLEAGUES AND I HAVE IS THAT THIS LEGISLATION
CAN ALSO BE USED IN AN EFFORT TO PROMOTE OTHER APPROACHES TO HEALTHCARE
THAT WE FIND DIFFICULT TO RECONCILE, INCLUDING A SINGLE-PAYER SYSTEM THAT
WOULD ELIMINATE COMPETITION THROUGHOUT THE MARKETPLACE AND RESULT
THE GOVERNMENT TAKEOVER OF HEALTHCARE. SO WE'RE VERY CONCERNED
ABOUT WHERE THIS STUDY ULTIMATELY GO -- GOES, BUT WE ARE CERTAINLY
SUPPORTIVE OF PRIMARY CARE. AND I'LL -- I'LL JUST MENTION ONE QUICK
INSTANCE. BACK BEFORE MANY OF YOU WERE EVER THINKING ABOUT EVER
BEING INVOLVED IN POLITICS I HAD THE GOOD FORTUNE OF WORKING IN THE
COUNTY OF CHAUTAUQUA AND WE HAD A BRILLIANT COMMISSIONER OF HEALTH.
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NYS ASSEMBLY JUNE 1, 2022
AND THIS IS IN THE EARLY '90S. AND HE REALIZED THAT OUR MEDICAID
PATIENTS WHO WERE UNABLE TO GET A DOCTOR FOR PRIMARY CARE BECAUSE THE
MEDICAID REIMBURSEMENT RATE WAS SO LOW AND THE PAPERWORK WAS SO
HIGH THAT MOST PHYSICIANS WITH A PRIMARY CARE PRACTICE SIMPLY COULD
NOT SEE A LOT OF MEDICAID PATIENTS AND STILL PAY THEIR OWN BILLS. AND AS
A RESULT THE MEDICAID PATIENTS WERE GOING TO THE EMERGENCY ROOM,
WHICH COST US SO MUCH MORE MONEY AND THE QUALITY OF CARE WAS SO
MUCH LOWER AND THERE'S NO CONTINUITY OF CARE. AND SO MY HEALTH
COMMISSIONER PUT TOGETHER A PHYSICIAN CASE MANAGEMENT PROGRAM
AND HE WORKED WITH SOME OF THE PRIMARY CARE PRACTITIONERS AND THEY
SET UP A PROGRAM WHERE THEY PAID A FLAT FEE FOR EVERY MEDICAID PATIENT
THAT PRACTICE ACCEPTED, AND IN RETURN THAT PRACTICE AGREED TO SEE THE
PATIENT FOR ALL NON-EMERGENT PRIMARY CARE. THEY COMPLETELY
ELIMINATED ALL THE PAPERWORK. YOU GOT A FLAT RATE. HOW MANY PATIENTS
DID YOU HAVE TIMES THE FEE, FLAT RATE. ALL THAT AUDITING, ALL THAT
PAPERWORK, ALL THAT OVERHEAD. THE PRACTICE MADE MONEY AND MY
COUNTY SAVED A BUNDLE. WE CUT OUR -- OUR COST BY LIKE 60 PERCENT. BUT
IT DOESN'T FIT THE MINDSET THAT SEEMS TO HAVE GOVERNMENT FOCUSED ON FEE
FOR SERVICE OR SOME VARIATION. SO IF THE STUDY GOES FORWARD I HOPE THEY
LOOK AT COMPLETELY DIFFERENT APPROACHES AND HOW WE CAN RESTRUCTURE IT
TO IMPROVE CARE AND REDUCE COSTS.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
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NYS ASSEMBLY JUNE 1, 2022
THE BILL IS PASSED.
PAGE 18, RULES REPORT NO. 514, THE CLERK WILL READ.
THE CLERK: SENATE NO. S09405, RULES REPORT NO.
514, SENATOR PARKER (COMMITTEE ON RULES, FAHY--A10439). AN ACT TO
AMEND THE ENERGY LAW, THE EXECUTIVE LAW AND THE STATE FINANCE
LAW, IN RELATION TO ESTABLISHING THE "ADVANCED BUILDING CODES,
APPLIANCE AND EQUIPMENT EFFICIENCY STANDARDS ACT OF 2022."
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MS. FAHY.
MS. FAHY: SURE. THIS BILL, AS IT IS ENTITLED, IS THE -
IT'S A LONG ONE - IT ESTABLISHES THE ADVANCED BUILDING CODES,
APPLIANCE AND ENERGY EFFICIENCY STANDARDS ACT FOR THIS YEAR. AND
ESSENTIALLY, THE LEGISLATION WOULD ALIGN THE ENERGY CODE WITH CLEAN
ENERGY AND CLIMATE POLICY GOALS THE STATE ADOPTED A FEW YEARS AGO, AS
WELL AS INCREASE THE STATE'S EFFICIENCY STANDARDS FOR APPLIANCES.
ACTING SPEAKER AUBRY: MR. PALMESANO.
MR. PALMESANO: YES, MR. SPEAKER. WILL THE
SPONSOR YIELD FOR A FEW QUESTIONS?
ACTING SPEAKER AUBRY: MS. FAHY, WILL YOU
YIELD?
MS. FAHY: SURE.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. PALMESANO: THANK YOU, MS. FAHY. I KNOW
WE WENT THROUGH A LONGER DEBATE LAST TIME, I DON'T THINK WE NEED TO DO
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NYS ASSEMBLY JUNE 1, 2022
THAT THIS TIME. I JUST KIND OF WANT TO JUST ASK A COUPLE QUESTIONS. CAN
YOU MAYBE -- I KNOW THIS BILL IS AMENDED, CAN YOU RUN US THROUGH
SOME OF THE AMENDMENTS THAT YOU MADE FROM THIS BILL FROM THE LAST BILL
THAT WE PASSED EARLIER THIS YEAR?
MS. FAHY: YES. A COUPLE OF PRIMARY ONES, WERE
ONES THAT WE ACTUALLY TALKED ABOUT THE LAST TIME AND THAT WAS THE
BUILDING CODE COUNCIL ITSELF. WE HAD LEFT THAT ALONE IN THE LAST
VERSION, AND IN THIS VERSION WE HAVE AUTHORIZED THE DEC, DEPARTMENT
OF ENVIRONMENTAL CONSERVATION, AS WELL AS NYSERDA, COULD BE
APPOINTED -- MAY BE APPOINTED TO THE COUNCIL. THE OTHER ONE
AUTHORIZES NYSERDA, WITH THE APPROVAL OF DEC, TO ESTABLISH THESE
ENERGY EFFICIENCY STANDARDS FOR WATER-RELATED APPLIANCES AND FIXTURES
THAT USE A RESULT AND NOT -- THE CONSUMPTION OF ENERGY. ONE OTHER
SMALL ONE WAS ON HISTORIC PRESERVATION. IT MADE THAT LANGUAGE A LITTLE
CLEARER AND SLIGHTLY BROADER.
MR. PALMESANO: OKAY. SO AS FAR AS SOME OF THE
CHANGES YOU MADE, REALLY, NOTHING ADDRESSED THE COST CONCERNS THAT WE
BROUGHT UP IN THE LAST BUDGET DEBATE, OR THE LAST BILL DEBATE RELATIVE TO
RETROFIT COSTS AND NEW YORK CONSTRUCTION COSTS BECAUSE OF THE CHANGE
FROM A 10-YEAR PAY BACK TO A LIFECYCLE COST. NONE OF THIS -- NONE OF
THE CHANGES ADDRESS THOSE ISSUES; THOSE STILL REMAIN INTACT, CORRECT?
MS. FAHY: NO. AND IT DOESN'T ADDRESS THAT DIRECTLY,
BUT IT IS INTENDED, THE ESTIMATES ARE THAT IT WOULD SAVE BILLIONS IN
EFFICIENCY SAVINGS OVER THE NEXT -- LESS THAN TEN YEARS.
MR. PALMESANO: THOSE BILLINGS THAT YOU REFERRED
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TO, THOSE TAKE INTO ACCOUNT SOCIETAL BENEFITS, NOT JUST COST-SAVINGS THAT
ARE THROUGH THE EFFICIENCY PROCESS, CORRECT?
MS. FAHY: YOU MEAN THE LIFECYCLE COST?
MR. PALMESANO: RIGHT. LIFE -- BECAUSE --
SOCIETAL BENEFITS ARE INCLUDED IN THOSE LIFECYCLE COST BENEFITS THAT
YOU'RE TALKING, WHEN YOU'RE TALKING --
MS. FAHY: YES, YES.
MR. PALMESANO: OKAY. GREAT. NOW, YOU
MENTIONED ABOUT HISTORIC PRESERVATION. I KNOW DURING THE LAST DEBATE
WE MENTIONED CONCERNS THAT WE HAD RELATIVE TO PREVIOUSLY HISTORIC
BUILDINGS WERE EXEMPT FROM THE CODE, NOW THEY HAVE TO PROVIDE, GO
THROUGH LIKE AN APPLICATION PROCESS WITH -- WITH THE -- WAS IT THROUGH
THE -- THEY HAVE TO GO THROUGH AN APPLICATION PROCESS TO GET THAT
EXEMPTION NOW; IS THAT CORRECT, UNDER THE NEW -- UNDER THIS NEW BILL --
NEW LAW?
MS. FAHY: NO. IT JUST REMOVES THE EXISTING ENERGY
CODE EXEMPTION, BUT IT DOESN'T -- LET'S SEE, IT -- IT JUST REMOVES THE
CURRENT ONE AND AUTHORIZES THE CODE COUNCIL TO PROVIDE A MORE
GENERIC EXEMPTION.
MR. PALMESANO: SO WE REMOVED THE --
PREVIOUSLY THEY HAD A FLAT OUT EXEMPTION. NOW WITH THE PASSAGE OF
THIS BILL AND THE PREVIOUS BILL AND THESE CHANGES, NOW THEY DON'T HAVE
THE EXEMPTION, BUT THEY HAVE TO BASICALLY APPLY AND HAVE TO GET THAT
FROM THE CODES COUNCIL, DEALING WITH THAT BUILDING THAT THEY HAVE IF
THEY WANT TO TRY TO GET SOME RELIEF FROM THIS, OR HOW DOES THAT WORK
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EXACTLY?
MS. FAHY: THEY DON'T HAVE TO APPLY NECESSARILY.
THE COUNCIL CAN GO AHEAD AND JUST GIVE THAT EXEMPTION.
MR. PALMESANO: BUT THEY DO IT ON A
CASE-BY-CASE BASIS AS FAR AS SOMEONE --
MS. FAHY: NO. THAT'S NOT THE INTENT, TO DO A
CASE-BY-CASE BASIS.
MR. PALMESANO: SO HOW DOES THE COUNCIL MAKE
THE DETERMINATION IF YOU'RE TALKING ABOUT, YOU KNOW, THE NUMBER OF
HISTORIC PRESERVATION BUILDINGS WE HAVE, HOW ARE THEY GOING TO MAKE
THAT DETERMINATION THROUGHOUT THIS PROCESS?
MS. FAHY: THEY CAN MAKE A NUMBER OF THOSE
DECISIONS UP FRONT AND DO THAT AS A PART OF ADOPTING THESE NEW
STANDARDS.
MR. PALMESANO: SO WOULD IT BE JUST A BLANKET
ALMOST, LIKE, EXEMPTION, FOR HISTORICS OR NOT? I JUST -- I'M JUST KIND OF
CONFUSED ON IT, BECAUSE IF THEY HAD A BLANKET EXEMPTION BEFORE, NOW
THEY'RE SAYING THE CODE COUNCIL CAN OFFER THAT TO THEM, BUT I'M REALLY
JUST -- I'M KIND OF CONFUSED ON THE SPECIFICS ON HOW THAT WOULD WORK,
THAT'S ALL.
MS. FAHY: IT COULD BE. IT DOES GIVE THEM THAT
FLEXIBILITY.
MR. PALMESANO: OKAY. WELL, THANK YOU FOR
YOUR TIME, I APPRECIATE IT.
MR. SPEAKER, ON THE BILL.
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ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. PALMESANO: YEAH, THIS LEGISLATION REALLY IS
-- IS REALLY GOING TO ELIMINATE CONSIDERATION BY THE CODE COUNCIL TO
WHAT ARE COSTS OF MATERIALS AND INSULATION WILL RESULT IN PRESENT VALUE
ENERGY SAVINGS IN TEN YEARS TO A LIFECYCLE COST METHODOLOGY, AND THIS
ALSO EXPANDS THE MANDATE OF THE ENERGY CODE TO PROMOTE CLEAN ENERGY
CLIMATE AGENDA. AND FROM MY PERSPECTIVE, THIS IS JUST ANOTHER STEP IN
THE PLAYBOOK TO DISMANTLE OUR STATE'S ECONOMY TO ENSURE THAT THE
AFFORDABILITY AND RELIABILITY OF OUR ENERGY SUPPLY SYSTEM IS NOT -- IS NOT
TAKEN INTO CONSIDERATION, IT WILL ULTIMATELY LEAD TO -- CERTAINLY LEAD TO
INCREASED COSTS FOR FAMILIES, FARMERS, SENIORS, SMALL BUSINESSES AND
MANUFACTURES WITH, IN MY OPINION, VERY LITTLE BENEFITS. I KNOW THEY
TALK ABOUT SOCIETAL BENEFITS, I'M CONCERNED ABOUT THIS LIFECYCLE CHANGE
FROM THE 10-YEAR PAYBACK TO LIFECYCLE. THIS LEGISLATION, THE ORIGINAL
HAD IT AND NOW THIS BILL HAS LIKE SOME 60 TO 70-PLUS DEFINITION CHANGES.
SOME ARE VERY BROAD, THEY ARE LISTED, AND BASICALLY GIVES THE AUTHORITY
TO NYSERDA TO ACT ON THAT. I THINK, YOU KNOW, PROVIDING THAT
AUTHORITY TO NYSERDA TO BASICALLY ADOPT REGULATIONS DEALING WITH
ESTABLISHING ENERGY EFFICIENCY, BUT WHEN YOU HAVE ALL THESE DEFINITIONS
AND SOME NOT DEFINED, I THINK THAT'S CONCERNING.
AND CHANGING TO THE CODE AS IT RELATES TO THE LIFECYCLE
CHANGES ARE CONCERNING INSTEAD OF GOING TO A 10-YEAR PAYBACK ANALYSIS
I THINK IS SOMETHING THAT NEEDS TO BE TAKEN INTO CONSIDERATION. CODE
CHANGES THAT HAVE SIGNIFICANT COST IMPACTS ON CONSTRUCTION, BOTH NEW
AND REHABILITATION COSTS, WHEN WE TALKED ABOUT IN THE FUTURE, THE MARCH
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TOWARDS ELECTRIFICATION WITH GEOTHERMAL INSTALLATIONS, WHICH WOULD
REQUIRE BUILDING SHELL UPGRADES -- UPGRADES TO OUR ELECTRIC CIRCUITS AND
PANELS. THIS ALL NEEDS TO BE RECOGNIZED IN THE CODE TO BE FAIR AND
TRANSPARENT. IT DOESN'T, JUST LIKE THE OTHER POLICIES THAT COME OUT OF THIS
HOUSE WHEN IT COMES TO THE CLCPA AND THEIR IMPLEMENTATION THAT'S
BEING TALKED ABOUT BY THE CLIMATE ACTION COUNCIL.
BY ELIMINATING THE 10-YEAR PAYBACK, YOU'RE BASICALLY
REMOVING AFFORDABILITY AND COST AS A CONSIDERATION FOR NEW CODE
CHANGES IN NEW YORK. AND EVEN THAT 10-YEAR PAYBACK DIDN'T REQUIRE IT
TO BE ACTED UPON, IT JUST ASKED FOR THAT TO BE A CONSIDERATION. BUT
UNFORTUNATELY, BUSINESS AS USUAL IN NEW YORK, COST AND AFFORDABILITY
ARE NOT BEING TAKEN INTO CONSIDERATION AS WE ADVANCE THESE POLICIES
DOWN THE PIPELINE WITH TREMENDOUS UPFRONT COSTS TO CONSUMERS, SENIOR
CITIZENS, OUR FARMERS, OUR FAMILIES, SMALL BUSINESSES, MANUFACTURES AND
THE LIKE.
WE TALK ABOUT AFFORDABLE HOUSING IN THIS CHAMBER
TIME AND TIME AGAIN. THE PROBLEM CONTINUES TO GROW AND THE NEED
CONTINUES TO GROW. WE KNOW ABOUT THE FAMILIES AND INDIVIDUALS WHO
ARE BACKDATED ON RENTS, LANDLORDS WHO HAVEN'T RECEIVED PAYMENTS,
MORTGAGES THAT WERE IN DISTRESS. THIS IS JUST GOING TO INCREASE COSTS
AND NOW COST -- THESE COST INCREASES WILL NOT BE CONSIDERED TO HELP
CREATE MORE AFFORDABLE HOUSING. IT'S GOING TO BE MORE PROBLEMATIC FOR
OUR HOMEOWNERS, FOR THE TENANTS, FOR OUR FAMILIES. LIKE I SAID, THE
TENANTS IN THE BUILDINGS AND THEN -- WHICH IS GOING TO INCREASE -- YOU
KNOW, REQUIRE ADDITIONAL COSTS FOR LANDLORDS WHICH WILL BE PASSED ON
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TO TENANTS THROUGH RENT INCREASES. IS THAT SOMETHING YOU WANT TO SEE
HAPPEN? I DON'T THINK SO.
YOU HAVE THE NYCHA PUBLIC HOUSING, WHICH I HAVE
TOURED AND VISITED, WHICH IS A DISASTER THAT NEEDS ASSISTANCE AND NEEDS
IMPROVEMENTS, AND UPGRADES ARE GOING TO COST A TREMENDOUS AMOUNT
OF MONEY. HOW IS THAT GOING TO BE PAID FOR WITH THE PUBLIC HOUSING IN
ALL THOSE AREAS? I HAVE VERY STRONG CONCERNS ABOUT THE HISTORIC
BUILDING ASPECT OF THIS BILL. WE PREVIOUSLY HAD EXEMPTIONS IN PLACE.
NOW SUPPOSEDLY THE BILL -- THE BUILDING CODES ARE GOING TO BE ABLE TO
PUT IN PLACE SOME SORT OF EXEMPTION, BUT JUST REALLY DOESN'T SEEM TO BE
DEFINED HERE. AND I THINK IT'S ALSO GOING TO BE ALMOST LIKE A NEW
BUREAUCRATIC LENGTHY -- POSSIBLE LENGTHY PROCESS. AND THEN, YOU KNOW,
THERE ARE MANY OLDER HOMES THAT AREN'T GOING TO BE QUALIFIED FOR
HISTORIC, YOU KNOW, OLDER FARM HOMES THAT MIGHT NOT BE ABLE TO GET THAT
ELIGIBILITY. THEY'RE GOING TO BE SIGNIFICANT COST IMPROVEMENTS FOR THEM
TO MAKE THAT NEEDS TO BE TAKEN INTO ACCOUNT IN THIS CONSIDERATION, AS
WELL, WHICH I DO NOT THINK IS BEING DONE.
AND AS WE TALK ABOUT THIS, YOU KNOW, THIS IS ALL PART OF
THE MARCH TOWARDS ELECTRIFICATION, THESE CHANGES WITH THE BUILDING
CODE, COST TO FULLY -- COME 2030, YOUR CONSTITUENTS, MY CONSTITUENTS,
OUR CONSTITUENTS ARE FACED WITH A RUNAWAY FREIGHT TRAIN BECAUSE COME
2030 IF YOU HEAT YOUR HOME WITH NATURAL GAS AND A NATURAL GAS BOILER
OR A NATURAL GAS FURNACE, IF THAT NATURAL GAS BOILER OR FURNACE GOES, YOU
WILL NOT, BASED ON THE POLICIES BEING ADOPTED BY THE CAC AND THE
CLCPA TO GET THE ZERO EMISSION GOALS, YOU WILL NOT BE ABLE TO CONVERT
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THAT HOME TO PROVIDE -- EXCUSE ME, TO BUY A NATURAL GAS BOILER OR
FURNACE. AT THAT POINT IN TIME, YOU WILL HAVE TO FULLY CONVERT YOUR
HOME TO FULL ELECTRIC COME 2030, WHICH MEANS BUYING A GEOTHERMAL
HEAT PUMP, TENS OF THOUSANDS OF DOLLARS, WHICH ALSO MEANS IMPROVING
THE SHELL OF YOUR PROPERTY, TENS OF THOUSANDS OF DOLLARS. IMPROVING
YOUR CIRCUITS AND YOUR ELECTRICAL EQUIPMENT, TENS OF THOUSANDS OF
DOLLARS. THE ESTIMATES SHOW THAT IT WOULD COST THE AVERAGE FAMILY
HOMEOWNER $35,000 TO CONVERT THEIR HOME OVER TO ELECTRIFICATION.
EVEN THE CLIMATE ACTION COUNCIL HAS ESTIMATES IN THEIR PLANS BEING
$25- TO $50,000. THESE ARE SIGNIFICANT, UPFRONT COSTS THAT THE PUBLIC
HAS NO IDEA THAT'S COMING THEIR WAY, ALL IN THE NEED TO SAY THAT WE'RE
GOING TO MEET OUR CLIMATE GOALS AND I THINK THAT'S JUST VERY, VERY
CONCERNING TO ME FROM THE PERSPECTIVE THIS IS REALLY SOMETHING THAT I
HAVE BEEN CONCERNED ABOUT BECAUSE YOUR CONSTITUENTS, MY
CONSTITUENTS, THEY REALLY DON'T KNOW WHAT'S HAPPENING WITH THIS AREA.
THIS IS ONE OF THE MAIN -- AND WE'RE NOT TALKING ABOUT OUR ELECTRIC BILL
PRICES, WE'RE TALKING ABOUT THESE CONVERSION COSTS.
AND LISTEN, WHEN I HAVE TALKED ABOUT THIS ISSUE, I HAVE
NEVER SAID WE SHOULDN'T INVEST IN RENEWABLE ENERGY, OUR SIDE HAS NEVER
SAID WE SHOULDN'T DO THAT. WE JUST SAID WE WANT IT TO BE BALANCED AND
WE JUST DON'T WANT TO DO IT ALONE. THE PROBLEM IS WHEN WE TRY TO -- OUR
MARCH TO ZERO NET EMISSIONS, NEW YORK RIGHT NOW ONLY CONTRIBUTES 0.4
PERCENT OF THE TOTAL GLOBAL EMISSIONS IN THE WORLD -- .4. CHINA IS 29
PERCENT, INDIA IS 7 PERCENT, RUSSIA IS 4 PERCENT. CHINA CONTINUES TO
BUILD COAL PLANTS, THEY HAVE OVER 1,000 COAL PLANTS, THEY CONTINUE TO
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BUILD MORE. INDIA DOESN'T HAVE ELECTRICITY, THEY WANT TO USE COAL TO
PROVIDE ELECTRICITY. RUSSIA IS INVESTING IN $110 BILLION ARCTIC OIL PORT.
ALL THESE THINGS ARE -- THESE GROUPS, DO WE EXPECT THEM GOING TO HELP
US WITH OUR MARCH TO TRY TO GET TO ZERO NET EMISSIONS? NO. WE'RE
PUTTING THIS ALL ON THE BACK OF OUR -- OF OUR TAXPAYERS, OUR RATEPAYERS
BECAUSE NO ONE IS GOING TO PARTICIPATE WITH US IN THIS GOAL. SO WE CAN
GET TO 0 PERCENT, BUT AT THE SAME TIME, WE'RE GOING TO JEOPARDIZE OUR
RELIABILITY IN OUR ENERGY SYSTEM, WHICH NYSERDA HAS ALREADY SAID BY
2040 WE HAVE A HUGE GAP THAT NEEDS TO BE MET, AND MET SOON. IT'S NOT
IDENTIFIED -- THE CLIMATE ACTION COUNCIL CAN'T IDENTIFY THAT. THERE'S
GOING TO BE CARBON LEAKAGE WHEN WE -- WE CAN BE ZERO HERE, OUR NEW
YORK STATE DOESN'T KNOW BOUNDARIES WHEN IT COMES TO CLIMATE AND
CARBON EMISSIONS. AGAIN, IF CHINA'S EMITTING AT 29 PERCENT, INDIA AT 7
PERCENT -- AND CHINA IN THE FIRST QUARTER OF 2021 INCREASED THEIR CARBON
EMISSIONS BY 14.5 PERCENT. EVEN PRESIDENT BIDEN SAID IF CHINA'S NOT
ON BOARD, WE'RE WASTING OUR TIME. I AGREE WITH PRESIDENT BIDEN, WE'RE
WASTING OUR TIME. AND THAT'S THE PROBLEM WITH THE CLCPA. I
UNDERSTAND THE GOALS AND THE INITIATIVES TO TRY TO GET THE CLEAN ENERGY,
BUT WE'RE GOING AT A PACE THAT IS NOT SUSTAINABLE, THAT IS NOT AFFORDABLE
AND CERTAINLY NOT RELIABLE. HOW GREAT IS IT TO BE AT 0 PERCENT IF WE CAN'T
KEEP THE HEAT AND THE LIGHTS ON WHEN WE'RE TALKING ABOUT FULLY
POWERING YOUR HOME WITH HEAT IF YOU'RE IN THE NORTH COUNTRY OR IN
WESTERN NEW YORK BY SOLAR AND WIND WHICH IS NOT RELIABLE, WHICH WE
KNOW IS INTERMITTENT.
I KNOW I'M TALKING ABOUT A LOT OF THINGS HERE, BUT THIS
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IS ALL RELATABLE TO THIS BILL BECAUSE IT'S ALL PART OF A PACKAGE THAT CLIMATE
ACTIVISTS CONTINUE TO PUSH. BUT MY CONCERN, AND A NUMBER OF THE
CONCERNS ON MY SIDE OF THE AISLE, THE BUSINESS COMMUNITY AND THE
FAMILIES IS THIS IS NOT BEING DONE IN A FAIR AND BALANCED APPROACH.
AFFORDABILITY AND RELIABILITY CONTINUES NOT TO BE TAKEN INTO ACCOUNT,
AND THAT'S UNFORTUNATE BECAUSE THAT'S GOING TO BE VERY, VERY
PROBLEMATIC FOR YOUR CONSTITUENTS, FOR MY CONSTITUENTS, FOR THIS ENTIRE
STATE. WHAT ARE WE GOING TO SEND TO -- WHAT KIND OF MESSAGE ARE WE
SENDING TO OUR BUSINESS COMMUNITY IF THEY CAN'T -- OUR MANUFACTURES
AND OUR SMALL BUSINESSES CAN'T OPERATE IF THEY DON'T HAVE A RELIABLE
SOURCE OF ENERGY AND IF THE ENERGY IS TOO EXPENSIVE THAT THEY'RE
RECEIVING?
ONE OTHER POINT, ENERGY SECURITY. YOU KNOW, WITH THE
MARCH, WHEN WE TALK ABOUT ELECTRIC VEHICLES AND, YOU KNOW, ALL THOSE
SUPPLIES THAT THEY USE, CHINA CONTROLS 87 PERCENT OF THE MARKETPLACE
WHEN WE TALK ABOUT THOSE RARE EARTH -- THE METALS AND THE ELEMENTS
THAT GO INTO PRODUCTION OF ELECTRIC VEHICLES, GO INTO THE PRODUCTION OF
BATTERIES, 87 PERCENT OF THAT IS PROCESSED BY CHINA. THEY CONTROL THAT
MARKET. SO WE'RE TURNING OUR WHOLE ENERGY SECURITY OVER TO CHINA
WHILE, AT THE SAME TIME, WHEN THEY DO PROCESS THAT, WHAT ARE THEY
USING? THEY'RE USING COAL POWER TO PROCESS. SO WHAT KIND OF IMPACT
ARE WE MAKING ON OUR ENVIRONMENT AS WE WORK TOWARDS THESE GOALS
HERE IN NEW YORK STATE WHEN NO ONE ELSE IS JOINING US, NO ONE ELSE IS
GOING TO FOLLOW US, AND I KNOW WHEN WE TALK ABOUT THIS ISSUE ON YOUR
SIDE OF THE AISLE YOU SAY WE'RE GOING TO LEAD. WE'RE GOING TO LEAD, ALL
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RIGHT, WE'RE GOING TO LEAD WITH BUSINESSES, FAMILIES, MANUFACTURERS,
FARMERS LEAVING OUR STATE WHILE WE BANKRUPT THOSE WHO ARE STILL HERE
AND CAN'T MOVE BECAUSE THEY CAN'T AFFORD IT. IT'S CHALLENGING AND THERE'S
A LOT MORE WE NEED TO DO.
SO AS WE CONTINUE THIS MARCH TO ZERO NET EMISSIONS
AND THESE CLCPA GOALS THAT CONTINUE TO BE PUSHED, I'M JUST
CONCERNED. I WISH YOUR SIDE OF THE AISLE WOULD BE A LITTLE BIT MORE
CONCERNED ABOUT THE FINANCIAL COSTS AND IMPACT, BECAUSE WE'RE NOT
GOING TO MAKE THE TRUE IMPACT OVERALL WHEN NEW YORK ONLY
CONTRIBUTES 0.4 PERCENT OF THE TOTAL CARBON EMISSIONS IN THE WORLD, AND
CHINA'S RUNNING RAMPANT AND NOT HELPING US AND CONTINUING THEIR
MARCH TO DOMINATE THE ENERGY MARKET, WHETHER IT'S BUILDING COAL PLANTS
AND CONTROLLING THE RARE EARTH MATERIALS THAT ARE NEEDED FOR FULL
ELECTRIFICATION ALONG THE WAY. SO FOR THAT -- THESE MANY REASONS, MR.
SPEAKER AND MY COLLEAGUES, I'M GOING TO VOTE NO AND I URGE MY
COLLEAGUES TO CONTINUE TO DO THE SAME. 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 SENATE PRINT 9405. 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
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CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION FOR THE REASONS
MENTIONED BY MY COLLEAGUE AND OTHERS. THOSE WHO SUPPORT IT CAN
CERTAINLY VOTE YES HERE ON THE FLOOR OR BY CONTACTING THE MINORITY
LEADER'S OFFICE. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE IS GENERALLY GOING TO BE IN FAVOR OF
THIS PIECE OF LEGISLATION; HOWEVER, THERE MAY BE SOME WHO CHOOSE TO
BE AN EXCEPTION. THEY CAN EITHER SELECT THAT OPTION HERE IN THE
CHAMBERS OR THEY CAN CALL THE MAJORITY LEADER'S OFFICE AND WE WILL
MAKE SURE THEIR VOTE IS PROPERLY RECORDED. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, SIR. OBVIOUSLY HERE ON
THE FLOOR OF THE LEGISLATURE, WE BELIEVE IN THE IMPORTANCE AND VALUE OF
LEGISLATION, AND THE POWER AND THE STRENGTH OF THE STATE THROUGH
MANDATES, BACKED BY LAW, TO ACCOMPLISH OBJECTIVES. BUT THERE'S AN
EVEN STRONGER AND MORE EFFECTIVE WAY TO PROMOTE EFFICIENCY AND THAT'S
THROUGH THE MARKETPLACE. AND SO IF MORE EFFICIENT APPLIANCES COST
CONSUMERS LESS MONEY, EITHER IN THE SHORT-TERM OR LONG-TERM, WE DON'T
NEED TO PASS LEGISLATION, DO WE, BECAUSE OUR RESIDENTS ARE SMART
PEOPLE. AND OUR RESIDENTS WILL VOTE WITH THEIR POCKETBOOK.
AND SO RATHER THAN PASSING MANDATES THAT SOME OF OUR
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RESIDENTS WON'T BE ABLE TO AFFORD, IT WOULD BE HELPFUL IF WE FOCUS ON
HOW WE MAKE ENERGY EFFICIENCY MORE AFFORDABLE RATHER THAN MORE
EXPENSIVE. AND TO THE EXTENT WE'RE SUCCESSFUL IN MAKING ENERGY
EFFICIENCY MORE AFFORDABLE, OUR SMART RESIDENTS WON'T MOVE IN THAT
DIRECTION WITHOUT STATE LEGISLATION. AND FOR THAT REASON, I DON'T THINK
THIS LEGISLATION IS THE RIGHT APPROACH, AND ALTHOUGH I CERTAINLY SUPPORT
MY COLLEAGUE'S DESIRE TO IMPROVE ENERGY EFFICIENCY, THE BEST WAY TO DO
IT IS THROUGH THE MARKETPLACE BY MAKING IT MORE COST-EFFECTIVE RATHER
THAN MANDATING IT. THANK YOU, SIR.
ACTING SPEAKER AUBRY: MR. GOODELL IN THE
NEGATIVE.
MS. FAHY TO EXPLAIN HER VOTE.
MS. FAHY: THANK YOU, MR. SPEAKER. I JUST WANT TO
BRIEFLY NOTE THAT THIS BILL, AGAIN, IT ESTABLISHES ADVANCED BUILDING
CODES, APPLIANCE AND EQUIPMENT EFFICIENCY. IT BUILDS UPON THE
CLIMATE GOALS THAT WE ADOPTED IN 2019 AND I THINK WILL HELP US WITH
MOVING TOWARD MORE EFFICIENT APPLIANCES, AS WELL AS BUILDINGS.
BUILDINGS ARE THE SINGLE LARGEST USER OF ENERGY IN THE STATE OF NEW
YORK AND ACCOUNT FOR MOST OF THE ENERGY CONSUMED BY THE END USE IN
-- IN -- IN THE STATE. THESE NEW CODES WOULD HELP GOVERN NEW
BUILDINGS, AS WELL AS EXISTING BUILDINGS AND BUILD US TOWARDS A LESSER
CARBON FOOTPRINT.
I SHOULD ADD THAT ONE ANALYSIS SHOWS THAT ENERGY
EFFICIENCY IN PRODUCT STANDARDS HAVE THE POTENTIAL TO REDUCE 36 MILLION
METRIC TONS OF CARBON DIOXIDE, THE EQUIVALENT OF THOSE EMISSIONS OVER
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LIFETIME OF MEASURES BY 2030, OR THE EQUIVALENT OF REMOVING THE
ENERGY OF HALF A MILLION CARS FROM THE ROAD EACH YEAR. THIS NEW
PRODUCT AND APPLIANCE STANDARDS ALSO HAS THE ABILITY TO DELIVER A
PROJECTED $15 BILLION IN UTILITY SAVINGS BY 2035, WHICH ALSO INCLUDES 6
BILLION OF THAT 15- IN UTILITY SAVINGS FOR LOW- TO MODERATE-INCOME
HOUSEHOLDS.
THIS IS OVERDUE, IT WILL HELP US MEET OUR GOALS AND
HELP INCREASE EFFICIENCY. AND WITH THAT, MR. SPEAKER, I VOTE IN THE
AFFIRMATIVE. THANK YOU.
ACTING SPEAKER AUBRY: MS. FAHY IN THE
AFFIRMATIVE.
MR. ENGLEBRIGHT TO EXPLAIN HIS VOTE.
MR. ENGLEBRIGHT: THANK YOU, MR. SPEAKER. I
JUST WANT TO COMPLIMENT THE SPONSOR. HER INITIATIVE, I THINK, IS
FARSIGHTED AND NECESSARY. WE HAVE JUST HEARD DURING THE DEBATE SOME
PREREQUISITES THAT HAVE BEEN SURMISED TO BE APPROPRIATE BEFORE WE TAKE
ACTION IN NEW YORK. I WOULD POINT OUT THAT NEW YORK IS A LEADER AND
THAT THE ENTIRE PART OF THE EARTH THAT WE CALL CIVILIZATION NEEDS TO MOVE
IN THE DIRECTION THAT THIS BILL POINTS US TOWARD. WE SHOULDN'T IMPOSE
PREREQUISITES FOR OUR OWN ACTION TO WAIT FOR CHINA TO CATCH UP WITH THE
REALITY THAT ATMOSPHERE CHANGES AND -- ATMOSPHERIC CHANGES AND
CHANGES IN THE GLOBAL OCEAN ARE IMPERILING THE GLOBAL ECOSYSTEM.
AGAIN, THIS IS A VERY APPROPRIATE, FARSIGHTED INITIATIVE. THANK YOU TO
THE SPONSOR FOR PUTTING IT BEFORE US. I VOTE AYE.
ACTING SPEAKER AUBRY: MR. ENGLEBRIGHT IN
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THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. WE'RE GOING TO GO NOW BACK TO MR. ANDERSON, WHO IS READY.
MR. ANDERSON. THAT'S RULES REPORT NO. 391,
ANDERSON.
ACTING SPEAKER AUBRY: PAGE 12, RULES
REPORT NO. 391, THE CLERK WILL READ.
THE CLERK: SENATE NO. S09297, RULES REPORT NO.
391, SENATOR KAVANAGH (COMMITTEE ON RULES, ANDERSON--A10228).
AN ACT TO AMEND THE PRIVATE HOUSING FINANCE LAW, IN RELATION TO
INCREASING THE BONDING AUTHORITY OF THE NEW YORK CITY HOUSING
DEVELOPMENT CORPORATION.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MR. ANDERSON.
MR. ANDERSON: THANK YOU, MR. SPEAKER. THANK
YOU, MR. GOODELL. THIS BILL WOULD ESSENTIALLY INCREASE THE BONDING
AUTHORITY OF THE NEW YORK CITY HOUSING DEVELOPMENT CORPORATION,
ALSO KNOWN AS HDC, BY $1 BILLION FOR A TOTAL CAP OF $18 BILLION.
THANK YOU.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU. WOULD THE SPONSOR
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YIELD?
ACTING SPEAKER AUBRY: MR. ANDERSON, WILL
YOU YIELD?
MR. ANDERSON: FOR MR. GOODELL, I WILL YIELD.
ACTING SPEAKER AUBRY: MR. GOODELL, THE
GENTLEMAN YIELDS.
MR. GOODELL: THANK YOU, MR. ANDERSON. AND
YOU'LL BE GLAD TO KNOW THERE ARE MORE ANDERSONS IN JAMESTOWN THAT I
REPRESENT THAN ANY OTHER MUNICIPALITY OF ITS SIZE.
MR. ANDERSON: WAIT A MINUTE, IS IT THE COOL
ANDERSON WITH THE O, OR THE E?
MR. GOODELL: S-O-N.
MR. ANDERSON: AHH, THERE WE GO. SO THEY'VE
DONE IT CORRECT.
MR. GOODELL: AND SO YOU'LL FEEL RIGHT AT HOME IN
MY DISTRICT.
MR. ANDERSON: I'M EXCITED.
MR. GOODELL: AM I CORRECT THAT THESE BONDS ARE
BACKED BY THE TAXPAYERS OF THE STATE OF NEW YORK IF THEY'RE NOT PAID
FOR BY THE PROCEEDS OF THE BONDS?
MR. ANDERSON: I'M SORRY, MR. GOODELL, CAN YOU
REPEAT?
MR. GOODELL: AM I CORRECT THAT THE -- THESE
BONDS ARE BACKED BY THE STATE OF NEW YORK?
MR. ANDERSON: NO, MR. GOODELL, THESE BONDS ARE
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NYS ASSEMBLY JUNE 1, 2022
NOT BACKED BY THE STATE OF NEW YORK. THIS IS A PUBLIC AUTHORITY SO
THESE BONDS ARE DONE SEPARATELY FROM THAT PROCESS.
MR. GOODELL: I SEE. AND DOES THE STATE OF NEW
YORK HAVE ANY, WHAT WE CALL "MORAL OBLIGATION" TO PAY THESE BONDS
BASED ON ANY APPROPRIATION FROM THE STATE?
MR. ANDERSON: NO. NO MORE OBLIGATIONS ON
THESE BONDS, MR. GOODELL; IN FACT, AND I KNOW YOU STUDIED
CONSTITUTIONAL LAW, THE PUBLIC AUTHORITIES AND, IN THIS CASE,
CORPORATIONS, ARE ALLOWED TO ISSUE DEBT. SO THAT'S WHAT THIS CORPORATION
DOES, HDC, ISSUED DEBT AND THAT'S UPHELD BY THE SCHULZ V. NEW YORK
CASE IN 1994.
MR. GOODELL: AND WE'RE -- JUST A FEW MONTHS AGO
WE PASSED A BUDGET BILL, WE INCLUDE SEVERAL BILLIONS DOLLARS IN DEBT AND
INTEREST PAYMENTS. WERE ANY OF THE FUNDS IN THE BUDGET BILL THAT WE
PASSED JUST A FEW MONTHS AGO USED TO PAY DOWN THE DEBTS OF THIS
ORGANIZATION?
MR. ANDERSON: NO, MR. GOODELL. THIS IS, AGAIN,
A PRIVATE SORT OF ENTITY, PUBLIC CORPORATION, IF YOU WILL, RATHER. SO THAT
-- THAT -- THAT PIECE DOESN'T APPLY. SO I WANT TO JUST MAKE SURE THAT
WE'RE CLEAR. AND I ALSO WANT TO -- I KNOW THAT YOU REFERENCED EARLIER IN
RELATION TO A SEPARATE BILL, BUT THE LEGISLATIVE HISTORY ON THIS BILL IS VERY
CLEAR. IT'S PASSED 2010, 2013, '18, '19, '21, AND IT'S BECAUSE, AGAIN,
WE'RE JUST GIVING HDC THE AUTHORITY TO BORROW MORE.
MR. GOODELL: AND LOOKING AT THE LEGISLATIVE
HISTORY, AND YOU'RE CORRECT, IT APPEARS AS THOUGH EVERY YEAR FOR THE LAST
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19 YEARS WE HAVE INCREASED THEIR BOND LIMIT. HAS THEIR --
MR. ANDERSON: BONDING AUTHORITY.
MR. GOODELL: BONDING AUTHORITY. HAS THEIR DEBT
EVER GONE DOWN?
MR. ANDERSON: BUT I WANT TO REMIND YOU THAT,
MR. GOODELL, THESE ARE REVENUE BONDS SO THEY CAN ALWAYS BORROW AND
PAY DOWN, YOU KNOW, AS -- AS TIME PASSES. AGAIN, THESE ARE REVENUE
BONDS. I DON'T WANT YOU TO THINK THAT THESE ARE BONDS WHICH, YOU
KNOW, IN THE TRADITIONAL SENSE.
MR. GOODELL: THANK YOU VERY MUCH, MR.
ANDERSON. I APPRECIATE YOUR COMMENTS AND CLARIFICATION.
MR. ANDERSON: THANK YOU.
MR. GOODELL: ON THE BILL, SIR.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. GOODELL: NEW YORK HAS THE DUBIOUS
DISTINCTION OF HAVING SOME OF THE HIGHEST DEBT PER CAPITA IN THE NATION,
AND OUR PUBLIC AUTHORITIES, INCLUDING THIS AUTHORITY, LEAD THE WAY IN
TERMS OF ADDING MORE AND MORE DEBT EVERY YEAR. AND INDEED, THIS BILL
ADDS $1 BILLION, $1 BILLION IN ADDITIONAL DEBT. NOW, NO DOUBT THIS
ADDITIONAL DEBT WILL BE VERY HELPFUL FOR THIS ORGANIZATION, AND NO DOUBT
SOMEONE, SOMEWHERE IS GOING TO HAVE TO PAY IT BACK. AND THAT'S GOING
TO BE OUR KIDS OR OUR GRANDKIDS OR SOMEONE ELSE.
AND SO JUST SPEAKING FROM MY PERSPECTIVE, IN MY
PRIVATE LIFE I DO EVERYTHING I CAN TO REDUCE MY DEBT AND THE RESTRUCTURE
OF MY OPERATIONS SAW THAT MY REVENUES MEET OR EXCEED MY EXPENSES,
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AND THAT'S THE PROCESS THAT I WOULD RECOMMEND FOR OUR AUTHORITIES, AS
WELL. SOME PRACTICAL, COMMON SENSE ECONOMIC THEORY THAT SUGGESTS
THAT WE SHOULD AND CAN KEEP OUR SPENDING IN LINE WITH OUR REVENUES
RATHER THAN BORROWING MORE AND MORE AND MORE FOR 19 YEARS IN A ROW.
SO FOR THAT REASON, I AND MANY OF MY COLLEAGUES WILL
BE OPPOSING THIS BILL, BUT I RECOGNIZE THAT AS WITH MANY OF MY
COLLEAGUES, THEY DO GREAT WORK WITH ALL THE MONEY THEY BORROW.
THANK YOU, SIR, AND THANK YOU TO MY COLLEAGUE FOR THOSE COMMENTS.
ACTING SPEAKER AUBRY: MR. ANDERSON ON THE
BILL.
MR. ANDERSON: THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: SIR, YOU'VE GOT TO GET
THAT MIC ON.
MR. ANDERSON: SORRY. I JUST DIDN'T KNOW IF THE
MIC WAS WORKING.
THANK YOU, MR. SPEAKER. SO I JUST WANT TO BE CLEAR
THAT MOST HOUSEHOLDS BALANCE THEIR HOUSEHOLDS ON DEBTS AND DEFICITS,
AND I THINK IF WE DO SO RESPONSIBLY WE'RE ABLE TO ENSURE THAT THERE'S
SUCCESSFUL USE IN THAT. AND HDC, AGAIN, IS REQUIRING THAT CAP TO BE
LIFTED SO THAT IT CAN PRODUCE THE THOUSANDS OF AFFORDABLE HOMES AND
APARTMENTS ACROSS THE CITY OF NEW YORK TO ENSURE THAT WE ADDRESS THE
EXACERBATED HOMELESSNESS CRISIS THAT'S IMPACTING, AND HOUSING
INSECURITY CRISIS THAT'S IMPACTING MANY, MANY NEW YORKERS.
SO IT'S VERY CRITICAL THAT WE PASS THIS PIECE OF
LEGISLATION, AND I ENCOURAGE MY COLLEAGUES TO VOTE IN FAVOR OF IT. I WILL
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BE, AS WELL, AND I THANK MY COLLEAGUE, MR. GOODELL, FOR HIS
QUESTIONING. IT'S VERY IMPORTANT, AGAIN, THAT WE LOOK AT THIS FROM A
HOLISTIC SENSE OF WHAT WE'RE ACTUALLY PRODUCING WITH THESE DEBTS AND
DEFICITS. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU, MR.
ANDERSON.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 9297. 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 THE $1 BILLION INCREASE IN DEBT FOR
THE NEW YORK CITY HOUSING DEVELOPMENT CORPORATION, BUT CERTAINLY
WE HAVE MEMBERS THAT APPRECIATE ALL THE GREAT WORK THEY DO WITH ALL
THAT FUND -- ALL THOSE FUNDS. AND SO IN GENERAL, WE'LL BE VOTING NO, BUT
HISTORICALLY THERE HAVE BEEN SEVERAL MEMBERS THAT VOTE YES AND I WOULD
ENCOURAGE THEM TO CONTINUE TO DO SO HERE IN THE CHAMBER OR BY CALLING
THE MINORITY LEADER'S OFFICE. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
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SPEAKER. MAJORITY COLLEAGUES ARE GENERALLY GOING TO SUPPORT OUR
COLLEAGUE IN THIS LEGISLATION TO IMPROVE HOUSING AND AFFORDABLE
HOUSING IN THE CITY OF NEW YORK; HOWEVER, THERE MAY BE SOME WHO
WOULD CHOOSE TO BE AN EXCEPTION. THEY SHOULD FEEL COMFORTABLE IN
CONTACTING THE MAJORITY LEADER'S OFFICE AND WE WILL BE HAPPY TO
RECORD YOUR VOTE. THANK YOU, SIR.
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.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, COLLEAGUES,
WE'RE GOING TO KEEP GOING HERE BECAUSE WE'RE DOING SO WELL. SO WE'RE
GOING TO GO TO RULES REPORT NO. 139; RULES REPORT NO. 429. I'M
SORRY, LET ME JUST SAY RULES REPORT NO. 139 IS THE SPONSOR, LUPARDO;
RULES REPORT NO. 429 IS SPONSORED BY MR. MAGNARELLI; CALENDAR NO.
44 IS SPONSORED BY MS. ROSENTHAL; CALENDAR NO. 160 IS SPONSORED BY
MS. BUTTENSCHON -- BICHOTTE HERMELYN, I'M SORRY; AND CALENDAR NO.
365 IS BY MR. WEPRIN, AND 474 IS BY MR. WEPRIN AS WELL. THOSE --
479, MR. WEPRIN AS WELL.
MR. SPEAKER, THOSE WILL BE STRAIGHT VOTES AND THEN
WE'RE GOING TO GO BACK TO ACTUAL DEBATES AND THAT'S GOING TO BE
CALENDAR NO. 24 BY MR. JACOBSON; RULES REPORT NO. 513 BY MR.
ABBATE; CALENDAR NO. 163 BY MR. ABBATE; CALENDAR NO. 29 BY MS.
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PAULIN; AND CALENDAR NO. 194 BY MS. JOYNER. IN THAT ORDER, MR.
SPEAKER, THANK YOU.
ACTING SPEAKER AUBRY: PAGE 6, RULES REPORT
NO. 139, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A09328-B, RULES
REPORT NO. 139, LUPARDO. AN ACT TO AMEND THE PUBLIC AUTHORITIES
LAW AND THE STATE FINANCE LAW, IN RELATION TO REQUIRING CERTAIN FUNDS
RECEIVED BY THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT
AUTHORITY THAT ARE RELATED TO RENEWABLES DEVELOPMENT ON VIABLE
AGRICULTURAL LANDS TO BE USED FOR FARMLAND PROTECTION PROGRAMS.
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 9328-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 14, RULES REPORT NO. 429, THE CLERK WILL READ.
(PAUSE)
THE CLERK: SENATE NO. S08956-C, SENATOR
MANNION. AN ACT TO AMEND THE PUBLIC AUTHORITIES LAW.
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NYS ASSEMBLY JUNE 1, 2022
ACTING SPEAKER AUBRY: NO, WE'RE GOING TO
HAVE TO -- IT HAS --
THE CLERK: MY APOLOGIES.
ASSEMBLY NO. A09966-C, RULES REPORT NO. 429,
MAGNARELLI. AN ACT TO AMEND THE PUBLIC AUTHORITIES LAW, IN RELATION
TO THE SYRACUSE REGIONAL AIRPORT.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
MAGNARELLI, 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 8956-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.
PAGE 23, CALENDAR NO. 44, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00715, CALENDAR NO.
44, L. ROSENTHAL, WEPRIN. AN ACT TO AMEND THE PUBLIC HEALTH LAW
AND THE EDUCATION LAW, IN RELATION TO AUTHORIZING EMERGENCY MEDICAL
SERVICE PERSONNEL TO PROVIDE BASIC FIRST AID TO CATS AND DOGS UNDER
CERTAIN CIRCUMSTANCES.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
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NYS ASSEMBLY JUNE 1, 2022
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 365TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 715. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE SHOULD 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. THIS BILL ALLOWS
EMTS TO PROVIDE BASIC FIRST AID TO DOG AND CATS BEFORE TRANSPORTING
THEM TO A LICENSED VET. AND I LOVE DOGS AND CATS, AND I'LL BE
SUPPORTING THE BILL, BUT I WOULD POINT OUT THAT THIS IS NOT QUITE AS
STRAIGHTFORWARD AS YOU MIGHT THINK, SO LET ME JUST GIVE YOU SOME
THINGS TO THINK ABOUT.
SO YOUR DOG OR CAT GETS HURT, YOU'RE GOING TO CALL THE
LOCAL EMTS AND HOPE THEY SHOW UP WITH AN AMBULANCE AND TRANSPORT
YOUR DOG OR CAT TO THE VET. WELL, THIS BILL WILL ALLOW THEM TO DO IT
WITHOUT BEING SUED. WHAT HAPPENS IF YOUR DOG, IN PAIN, BITES THE
EMT? WELL, THE EMT CAN SUE YOU, YOU JUST CAN'T SUE THE EMT; THAT'S
WHAT THIS BILL SAYS. NOW, WHAT IF HE TAKES YOUR AGED DOG OR CAT TO THE
VET AND THE VET BILL IS A COUPLE THOUSAND DOLLARS? AND YOU SAID, YOU
KNOW, I LOVE SPOT, BUT NOT THAT MUCH. THIS BILL DOESN'T ADDRESS THAT
ISSUE.
SO BEFORE PEOPLE START CALLING EMTS TO RUSH OVER AND
TAKE CARE OF THEIR DOG OR CAT, YOU MIGHT WANT TO GIVE SOME THOUGHT TO
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NYS ASSEMBLY JUNE 1, 2022
SOME OF THESE OTHER ISSUES AND MAKE SURE, BY THE WAY, THAT THEY SEND A
SPARE AMBULANCE BECAUSE IF YOUR NEIGHBOR HAS A HEART ATTACK, YOU
SURELY DON'T WANT THE AMBULANCE THAT'S TRANSPORTING YOUR DOG TO THE VET
TO HAVE TO STOP AND DUMP YOUR DOG ON THE SIDE OF THE ROAD SO THEY CAN
PICK UP YOUR NEIGHBOR AND SAVE HIS LIFE. I'M JUST SAYING, YOU KNOW, I
SUPPORT THE BILL, I LOVE THE CONCEPT, LOVE DOGS AND CATS, BUT IT'S, YOU
KNOW, IT'S A LITTLE BIT MORE CHALLENGING THAN WHAT IT MIGHT FIRST APPEAR,
THAT'S ALL.
SO I URGE MY LOCAL VOLUNTEER FIREMEN TO BE
COMPASSIONATE, BUT REMEMBER THEIR FIRST MISSION IS TO RESCUE HUMANS
IN THAT AMBULANCE AND RENDER FIRST AID TO DOGS AND CATS AS A SECONDARY
OBLIGATION. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 29, CALENDAR NO. 160, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A04947-B, CALENDAR
NO. 160, BICHOTTE HERMELYN, REYES, GRIFFIN, MEEKS, COLTON,
ZINERMAN, SIMON, FRONTUS, J. A. GIGLIO, GONZÁLEZ-ROJAS. AN ACT TO
AMEND THE PENAL LAW, IN RELATION TO CRIMES INVOLVING THE DEATH OR
INJURY OF A WORKER.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 30TH
DAY.
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NYS ASSEMBLY JUNE 1, 2022
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 4947-B. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MS. BICHOTTE HERMELYN TO EXPLAIN THE BILL [SIC].
MS. BICHOTTE HERMELYN: THANK YOU, MR.
SPEAKER, FOR ALLOWING ME TO EXPLAIN MY VOTE. THIS BILL SEEKS TO
PROTECT WORKERS FROM CORPORATIONS AND THEIR AGENTS THAT FAIL TO COMPLY
WITH SAFETY PROTOCOLS BY AMENDING THE PENAL CODE TO CREATE NEW
OFFENSES AND SUBSTANTIALLY INCREASING THE FINES THAT CAN BE IMPOSED
UPON A CORPORATE DEFENDANT CONVICTED OF CERTAIN CRIMES THAT LEAD TO AN
INJURY OR DEATH OF A WORKER.
THIS BILL IS NOT A PUNITIVE BILL, BUT A DETERRENT TO HAVE
CORPORATIONS PAY ATTENTION TO SAFETY AND STOP HAVING WORKERS KILLED.
CONSTRUCTION IS A DANGEROUS BUSINESS, AND THERE'S A DIFFERENCE BETWEEN
A WORKER DYING IN AN ACCIDENT AND A WORKER BEING KILLED BY ACTIONS
UNDERTAKEN BY THEIR EMPLOYER. THIS BILL WOULD ISSUE A FINE FOR
CONVICTED MISDEMEANOR, 300,000 TO 500,000, AND FOR CONVICTED OF
FELONY, 500,000 TO 1 MILLION.
CARLOS' LAW IS NAMED FOR 22-YEAR-OLD CARLOS
MONCAYO, AN ECUADORIAN IMMIGRANT WHO WAS BURIED ALIVE AT A
CONSTRUCTION SITE IN NEW YORK CITY, MEAT PACKING DISTRICT IN APRIL
2015 WHILE WORKING IN AN UN-REENFORCED 14-FOOT-DEEP TRENCH THAT HAD
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BEEN CITED BY SAFETY INSPECTORS. THE WALLS OF THE TRENCH COLLAPSED ON
CARLOS, WHO WAS PRONOUNCED DEAD ON THE SCENE. THE SAFETY VIOLATIONS
THAT LED TO CARLOS' DEATH WAS HARCO CONSTRUCTION IN CONJUNCTION WITH
SKY MATERIALS. HE WAS WORKING TO ACHIEVE THE AMERICAN DREAM, AND
ALL OF THAT HAS ENDED. AND I CAN TELL YOU FROM FIRSTHAND AS A HAITIAN
IMMIGRANT, AS THE DAUGHTER OF A HAITIAN IMMIGRANT, MY BROTHER, TOO,
HAD EXPERIENCED ALMOST DYING, FALLING OFF SEVEN STORIES OF A SCAFFOLD,
AND NEVER BEEN ABLE TO RECOVER. HE'S DISABLED AND UNEMPLOYED.
THE CURRENT $10,000 PENALTY FOR WORKERS BEING KILLED
OR INJURED IS NOT SUFFICIENT, IT'S NOT SUFFICIENT FOR MY BROTHER AND
CERTAINLY NOT SUFFICIENT FOR THE DEATH OF CARLOS MONCAYO. IN THE LAST
DECADE, THERE HAS BEEN OVER 500 DEATHS, CONSTRUCTION WORKERS, DEATH-
RELATED CASES; 263 SINCE THE BILL WAS FIRST INTRODUCED BY FRANCISCO
MOYA. MR. SPEAKER, AGAIN, THIS IS NOT A PUNITIVE BILL; INSTEAD, IT'S A BILL
THAT WOULD DETER CORPORATIONS, EMPLOYERS FOR BEING NEGLIGENT AND
RECKLESS, CAUSING WORKERS TO BE KILLED AT THESE CONSTRUCTION SITES. I
WILL BE VOTING IN THE AFFIRMATIVE AND ENCOURAGE MY COLLEAGUES TO DO SO
AS WELL. THANK YOU.
ACTING SPEAKER AUBRY: MS. BICHOTTE
HERMELYN IN THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
CALENDAR NO. 365, PAGE 38, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A08190-A, CALENDAR
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NYS ASSEMBLY JUNE 1, 2022
NO. 365, WEPRIN, GIBBS. AN ACT TO AMEND THE CORRECTION LAW, IN
RELATION TO ALLOWING A TELEPHONE CALL PRIOR TO AN INCARCERATED
INDIVIDUAL'S TRANSFER.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
WEPRIN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 30TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 402-B. THIS IS A PARTY VOTE. ANY MEMBER
WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION
IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS
PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THIS WILL BE A
PARTY VOTE WITH THE REPUBLICAN CONFERENCE GENERALLY IN THE NEGATIVE.
OBVIOUSLY THOSE WHO WANT TO VOTE IN FAVOR CAN DO SO ON THE FLOOR OR BY
CALLING THE MINORITY LEADER'S OFFICE. AND I WILL EXPLAIN IN A MOMENT
WHY MANY OF MY COLLEAGUES WILL BE OPPOSED TO THIS LEGISLATION. THANK
YOU, SIR.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE IS GOING TO PRETTY MUCH BE IN FAVOR
OF THIS LEGISLATION; HOWEVER, THERE MAY BE A FEW THAT WOULD CHOOSE TO
BE AN EXCEPTION. THEY SHOULD FEEL FREE TO CONTACT THE MAJORITY
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LEADER'S OFFICE. WE WILL MAKE SURE THEIR VOTE IS PROPERLY RECORDED.
THANK YOU, SIR.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER AUBRY: THANK YOU.
MR. WEPRIN TO EXPLAIN HIS VOTE.
MR. WEPRIN: THANK YOU, MR. SPEAKER. THIS BILL
MAY SEEM LIKE A SIMPLE BILL, BUT AS CHAIR OF CORRECTION, I'M OFTEN
CONTACTED BY FAMILIES OF INCARCERATED INDIVIDUALS WHO CANNOT LOCATE
THEIR LOVED ONE BECAUSE THEY WERE TRANSFERRED AND NO ONE FROM DOCS
HAD NOTIFIED THEM THAT THE INDIVIDUAL WAS BEING TRANSFERRED, AND THERE
WAS A CERTAIN SECRECY WITH IT. SO IT SEEMS TO BE A VERY REASONABLE
REQUEST TO ALLOW THE INCARCERATED INDIVIDUAL TO MAKE A PHONE CALL TO
THEIR LOVED ONES TO LET THEM KNOW WHERE THEY'RE BEING TRANSFERRED TO.
IT PROVIDES, YOU KNOW, SANITY, STATE OF MIND TO THE FAMILIES AND IT'S A
REASONABLE ACCOMMODATION. AND I WITHDRAW MY REQUEST AND PROUDLY
VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. WEPRIN IN THE
AFFIRMATIVE.
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, SIR. UNDER CURRENT LAW,
AN INCARCERATED INDIVIDUAL WHO IS TRANSFERRED TO A DIFFERENT FACILITY IS
ENTITLED TO A PHONE CALL WITHIN 24 HOURS AFTER ARRIVING AT THE NEW
FACILITY. THIS BILL WOULD REQUIRE DOCS TO PROVIDE THE OPPORTUNITY FOR
A PHONE CALL BEFORE THE TRANSFER EXCEPT UNDER EXCEPTIONAL
CIRCUMSTANCES WHERE THERE'S AN UNACCEPTABLE RISK TO THE SAFETY AND
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SECURITY OF THE STAFF. AND THEN WHEN THERE IS SUCH AN EXCEPTIONAL
CIRCUMSTANCE, IT HAS TO BE IMMEDIATELY DOCUMENTED.
WELL, OUR CORRECTIONAL STAFF HAVE A REALLY DIFFICULT AND
CHALLENGING JOB AND IT'S ABSOLUTELY CRITICAL TO THE HEALTH AND SAFETY OF
OUR CORRECTIONAL STAFFS THAT WE MINIMIZE ALL THEIR RISK. AND THE NUMBER
OF ASSAULTS ON OUR CORRECTIONAL STAFF CONTINUE TO GO UP, AND IT'S REALLY,
REALLY TROUBLESOME. AND SO THIS BILL DOESN'T SAY THAT YOU DON'T GET A
PHONE CALL IF THERE'S A RISK, IT HAS TO BE AN UNACCEPTABLE RISK AND IT HAS
TO BE EXCEPTIONAL CIRCUMSTANCES. AND THAT'S NOT THE CORRECT STANDARD
FOR US TO APPLY WHEN WE'RE LOOKING AT THE LIFE AND SAFETY OF OUR
CORRECTIONAL OFFICERS. AND WHEN A PRISONER IS TRANSPORTED FROM ONE
FACILITY TO ANOTHER, THERE ARE INHERENT RISKS BECAUSE YOU'RE OUTSIDE THE
CONFINES OF THAT PRISON, YOU'RE IN A VEHICLE. THE LIKELIHOOD THAT THE
VEHICLE COULD BE STOPPED OR ATTACKED OR AMBUSHED, OR AN INMATE COULD
ESCAPE IS DRAMATICALLY HIGHER.
AND SO FOR MOST OF MY COLLEAGUES, WE WANT TO PUT THE
LIFE AND SAFETY OF OUR CORRECTIONAL OFFICERS FIRST RECOGNIZING, AS THE
SPONSOR DID, THAT IT'S IMPORTANT TO NOTIFY THE FAMILIES IMMEDIATELY, AND
THE CURRENT LAW HAS THE CORRECT BALANCE BY REQUIRING THAT THAT PHONE
CALL BE MADE AND AVAILABLE WITHIN 24 HOURS AFTER THE ARRIVAL RATHER THAN
BEFORE WHERE SOME INMATES WILL TIP OFF THEIR RELATIVES WHEN THEY'RE
MOVING. FOR THAT REASON, I WILL NOT BE SUPPORTING THIS. THANK YOU, SIR.
ACTING SPEAKER AUBRY: MR. GOODELL IN THE
NEGATIVE.
MR. MEEKS TO EXPLAIN HIS VOTE.
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NYS ASSEMBLY JUNE 1, 2022
MR. MEEKS: THANK YOU, MR. SPEAKER, FOR AN
OPPORTUNITY TO EXPLAIN MY VOTE. I THINK -- I RISE IN THE AFFIRMATIVE. I
SUPPORT THIS BILL. AND I THINK WE HAVE TO REALIZE THAT THESE ARE
INCARCERATED INDIVIDUALS. THEY ARE THE FAMILY MEMBERS, THEY ARE THE
LOVED ONES OF OTHERS. AND IN THIS PROCESS, YOU ALSO HAVE TO CONSIDER
THE FACT THAT THE CURRENT SYSTEM IS SET UP IN A MANNER WHICH PEOPLE
TRAVEL ACROSS THE STATE IN ORDER TO VISIT LOVED ONES WHO MAY BE
INCARCERATED. SO YOU HAVE MAY HAVE AN INSTANCE WHERE A FAMILY
MEMBER HAS SAVED RESOURCES TO VISIT SOMEONE ACROSS THE STATE AND GO
TO THE FACILITY TO FIND OUT THAT THEY'RE NO LONGER THERE. AND IT IS ALSO A
SAFETY MEASURE FOR INDIVIDUALS TO KNOW WHERE THEIR FAMILY MEMBERS
ARE AND WHERE THEY'RE BEING TRANSFERRED TO. SO I RISE IN THE AFFIRMATIVE.
THANK YOU.
ACTING SPEAKER AUBRY: MR. MEEKS IN THE
AFFIRMATIVE.
MR. GIBBS.
MR. GIBBS: THANK YOU, MR. SPEAKER. I RISE IN THE
AFFIRMATIVE AS WELL, AND I WANT TO THANK THE SPONSOR FOR THE BILL -- AND I
WANT TO THANK THE SPONSOR FOR THE BILL. IT'S NECESSARY THAT WE NOTIFY THE
INDIVIDUAL'S FAMILIES FOR THE INDIVIDUAL INCARCERATED, WHETHER IT BE
PRIOR TO BEING TRANSFERRED, BECAUSE LIKE MEMBER MEEKS SAID, THERE ARE
FAMILY MEMBERS WHO ARE TRAVELING FAR, AND IN MANY CASES I WENT TO A
PRISON AND THE INCARCERATED INDIVIDUAL WAS NOT THERE. IT'S A LOT OF
RESOURCES, IT COSTS A LOT OF MONEY AND SINCE TAKING THIS SEAT, I VISITED
NINE PRISONS AND THESE ARE ONE OF THE SITUATIONS WHERE NO FAMILY
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NYS ASSEMBLY JUNE 1, 2022
MEMBERS ARE NOTIFIED ABOUT BEING TRANSFERRED OR OTHER INCARCERATED
INDIVIDUALS NO LONGER AT THAT FACILITY. SO I RISE IN THE AFFIRMATIVE AND I
THANK ASSEMBLYMEMBER WEPRIN FOR THE BILL.
ACTING SPEAKER AUBRY: MR. GIBBS IN THE
AFFIRMATIVE.
MR. GIGLIO.
MR. GIGLIO: THANK YOU, MR. SPEAKER, TO EXPLAIN
MY VOTE. THE MOST IMPORTANT THING THAT'S HERE IS SAFETY AND SECURITY.
AND WHEN THOSE PHONE CALLS ARE MADE AFTER THEY ARRIVE AT THEIR
DESTINATION, THEY'RE ASSURED THEY GET THERE SAFE AND SECURE. THE SECOND
PART OF THIS IS WHEN WE DID CHAPTER CORRECTIONS ABOUT WHY THOSE PHONE
CALLS MIGHT NOT HAVE BEEN MADE, A LOT OF OUR INCARCERATED PERSON'S
CHOICE ON WHO THEY'RE GOING TO CALL, AND IT'S NOT ALWAYS THEIR FAMILY.
SO WE CAN'T LEGISLATE WHO THEY'RE GOING TO CALL, BUT WE CAN KEEP THEM
SAFE AND THAT'S WHY I WILL BE VOTING NO.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MRS. GALEF TO EXPLAIN HER VOTE.
MRS. GALEF: YES, I'D JUST LIKE TO EXPLAIN MY VOTE.
I HAD A REALLY INTERESTING EXPERIENCE THIS WEEKEND. I SPENT ALL SUNDAY
AT GREENE COUNTY CORRECTIONAL FACILITY. I HAVE A FRIEND WHO HAD A
FOSTER CHILD, OR ADOPTED A CHILD WHO ENDED UP THERE AND I, FRANKLY,
BECAUSE I WANTED TO TAKE MY FRIEND WHO ACTUALLY HAD CANCER AND WAS
ON A BREATHING TUBE AND EVERYTHING ELSE, THERE SO I COULD ALLOW HER TO
EXPERIENCE THAT HUG THAT SHE HAD FOR HER FOSTER CHILD. BUT IT WAS SO
INTERESTING FOR ME TO SEE PEOPLE THAT HAD COME FROM ROCHESTER, THEY
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HAD SPENT THREE HOURS TO GET TO THE PRISON. WE HAD SPENT TWO HOURS TO
GET THERE. THERE WERE PROBABLY OTHER PEOPLE THAT HAD SPENT MANY
MORE HOURS TO BE ABLE TO COME AND TAKE CARE OF THEIR LOVED ONES. WE
SAT IN THE VISITOR ROOM, YOU COULD SEE PEOPLE HUGGING AND CHATTING AND
SO ON. AND IT IS TERRIBLE THAT PEOPLE ARE THERE, BUT AT THE SAME TIME WE
WANT TO BE SURE THAT WHEN YOU GO THERE AS A VISITOR THAT YOU CAN GET IN.
JUST THINK OF TRAVELING THREE HOURS AND FINDING OUT THAT YOUR LOVED ONE
IS SOMEWHERE ELSE AND YOU DON'T KNOW IT?
SO I THINK IT'S ONLY RIGHT THAT WE ALLOW CONNECTIONS
BETWEEN THE CORRECTIONAL FACILITY OR THE PRISON AS TO WHERE THAT
INDIVIDUAL IS. AND THIS IS JUST A GOOD BILL, IT JUST MAKES SENSE. AND I
THINK IT MAKES SENSE FOR THE CORRECTION OFFICERS THAT ARE THERE, TOO, THAT
ARE TRYING TO DO THEIR JOB AND THEY KNOW THAT WHEN PEOPLE ARE ENGAGED
WITH INDIVIDUALS THAT THEY CARE ABOUT THAT HOPEFULLY THEY WILL BE BETTER
RESIDENTS OF THE FACILITY. IT WAS A VERY INTERESTING EXPERIENCE. I WOULD
SUGGEST -- I HAVE BEEN AT SING SING, YOU KNOW THAT, FOR MANY, MANY
TIMES, BUT NOT TO VISIT AN INDIVIDUAL, AND I WAS VERY, VERY -- IT WAS
DIFFICULT TO DO. THANK YOU. I WILL BE VOTING YES.
ACTING SPEAKER AUBRY: MRS. GALEF IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 42, CALENDAR NO. 479, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A08902, CALENDAR NO.
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NYS ASSEMBLY JUNE 1, 2022
479, WEPRIN, O'DONNELL, AUBRY, WALKER, GIBBS. AN ACT TO AMEND THE
CORRECTION LAW, IN RELATION TO CERTIFICATES OF RELIEF FROM DISABILITIES.
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 8902. 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. THOSE WHO SUPPORT IT
CAN VOTE HERE ON THE FLOOR OR BY CONTACTING THE MINORITY LEADER'S
OFFICE. AND I WILL PROVIDE A BRIEF EXPLANATION WHY MANY OF MY
COLLEAGUES ARE OPPOSED TO THIS IN A MOMENT, SIR.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THIS, AGAIN, IS A VOTE THAT GENERALLY DEMOCRATS ARE GOING TO
BE IN SUPPORT OF; HOWEVER, THERE MAY BE SOME COLLEAGUES WHO CHOOSE
TO BE AN EXCEPTION, AND THEY SHOULD FEEL FREE TO EITHER PUSH THEIR BUTTON
IN THE CHAMBERS AND/OR CONTACT THE MAJORITY LEADER'S OFFICE AND I WILL
MAKE SURE THEIR VOTE IS PROPERLY RECORDED. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
(THE CLERK RECORDED THE VOTE.)
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NYS ASSEMBLY JUNE 1, 2022
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. IF AN INDIVIDUAL IS
CONVICTED OF VARIOUS OFFENSES, THERE ARE SOME POSITIONS THEY CANNOT
THEN OCCUPY; FOR EXAMPLE, YOU CAN'T GET A LIQUOR LICENSE IF YOU HAVE
CERTAIN CONVICTIONS, OR CERTAIN OTHER LICENSES OR PRIVILEGES. AND THE
ONLY WAY YOU CAN GET SUCH A LICENSE IS TO GET A CERTIFICATE OF RELIEF FROM
DISABILITIES. THAT CERTIFICATE OF RELIEF FROM DISABILITIES CAN BE ISSUED BY
THE DEPARTMENT OF CORRECTIONAL SERVICES OR BY A COURT UPON A FINDING
THAT YOU HAVE COMPLETED YOUR SENTENCE AND THAT YOU ARE AN ELIGIBLE
OFFENDER, AND THAT THE GRANTING OF THE CERTIFICATE IS CONSISTENT WITH THE
REHABILITATION AND HELPFUL, AND CONSISTENT WITH PUBLIC SAFETY.
UNDER CURRENT LAW, THE ISSUANCE OF THAT CERTIFICATE OF
RELIEF OF DISABILITIES IS DISCRETIONARY. THIS BILL WOULD MAKE IT
MANDATORY. AND I THINK IT'S IMPORTANT TO RECOGNIZE THAT SOUND
DISCRETION CAN ENSURE THAT THE CERTIFICATE OF RELIEF FROM DISABILITIES IS
ONLY ISSUED TO THOSE WHO QUALIFY AND ARE SAFE FOR THOSE OCCUPATIONS
THAT THEY'LL THEN BE APPLYING FOR AND NOT AUTOMATICALLY GRANTED UPON
COMPLETION OF THEIR PRISON SENTENCE. FOR THAT REASON, I WILL BE VOTING
AGAINST THIS BECAUSE I THINK SOME DISCRETIONARY REVIEW IS APPROPRIATE
IN THIS SITUATION. THANK YOU, SIR.
ACTING SPEAKER AUBRY: MR. GOODELL IN THE
NEGATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
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NYS ASSEMBLY JUNE 1, 2022
PAGE 21, CALENDAR NO. 24, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00349-B, CALENDAR
NO. 24, JACOBSON, OTIS, SAYEGH. AN ACT TO AMEND THE MUNICIPAL
HOME RULE LAW, IN RELATION TO THE DEFINITION OF "POPULATION" FOR
PURPOSES OF PROVIDING SUBSTANTIALLY EQUAL WEIGHT FOR THE POPULATION OF
THAT LOCAL GOVERNMENT IN THE ALLOCATION OF REPRESENTATION IN THE LOCAL
LEGISLATIVE BODY.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: AN EXPLANATION, PLEASE.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MR. JACOBSON.
MR. JACOBSON: THANK YOU. THIS IS A VERY SIMPLE,
BUT IMPORTANT BILL. THIS BILL CODIFIES EXISTING CASE LAW WITH RESPECT TO
REDISTRICTING AND MAKES IT CLEAR THAT THE DEFINITION OF "POPULATION" FOR
PURPOSE OF REDISTRICTING FOR LOCAL GOVERNMENTS AND COUNTIES SHALL MEAN
RESIDENTS. THIS BILL MODIFIES SECTION 10 AND SECTION 34 OF THE
MUNICIPAL HOME RULE LAW.
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 349-B. THIS IS A PARTY VOTE. ANY MEMBER
WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION
IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBER
PREVIOUSLY PROVIDED.
MR. GOODELL.
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NYS ASSEMBLY JUNE 1, 2022
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE IS GENERALLY OPPOSED FOR THE REASONS I WILL EXPLAIN IN A
MOMENT, BUT THOSE WHO SUPPORT IT SHOULD VOTE IN FAVOR HERE ON THE
FLOOR OR BY CONTACTING THE MINORITY LEADER'S OFFICE. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE IS GOING TO BE IN FAVOR OF THIS PIECE
OF LEGISLATION. THERE MAY BE SOME OF OUR COLLEAGUES WHO WOULD
CHOOSE TO BE AN EXCEPTION. THEY SHOULD CONTACT THE MAJORITY LEADER'S
OFFICE, I WILL MAKE SURE THEIR VOTE IS PROPERLY RECORDED. THANK YOU,
SIR.
ACTING SPEAKER AUBRY: THANK YOU.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THIS LEGISLATION
REMOVES ANY REFERENCE TO CITIZENS IN TERMS OF DETERMINING HOW
ELECTION DISTRICTS ON THE LOCAL LEVEL SHOULD BE REAPPORTIONED. I POINT
OUT THAT OUR NEW YORK STATE CONSTITUTION IN ARTICLE II, SO YOU DON'T
HAVE TO READ TOO FAR INTO IT, THE FIRST SECTION REFERS TO, EVERY CITIZEN
SHALL BE ENTITLED TO VOTE. NOW, I RECOGNIZE THAT IN SOME AREAS THE
NUMBER OF PEOPLE WHO ARE NOT CITIZENS CAN BE SIGNIFICANT; IN FACT, I SAW
THAT THE CITY OF NEW YORK WAS TRYING TO PASS LEGISLATION TO ENABLE NOT
ONLY NON-CITIZENS, BUT ILLEGAL IMMIGRANTS, OR UNDOCUMENTED
IMMIGRANTS, TO VOTE AND THEY HAD ESTIMATED THERE WERE AS MANY AS
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NYS ASSEMBLY JUNE 1, 2022
800,000 WHO WERE THERE. BUT I THINK THE FIRST AND PRIMARY FUNCTION OF
THE NEW YORK STATE LEGISLATURE SHOULD BE TO REPRESENT NEW YORK
STATE RESIDENTS WHO ARE CITIZENS AND LAWFUL RESIDENTS HERE IN OUR STATE.
AND LIKEWISE, THAT IF YOU FOCUS ON ONE PERSON/ONE VOTE CONCEPT AND
YOUR MISSION IS TO REPRESENT CITIZENS WHO ARE LAWFULLY IN YOUR
COMMUNITY, WE SHOULD NOT ELIMINATE THE REFERENCE TO CITIZENSHIP IN
TERMS OF LOCAL REDISTRICTING.
AND FOR THAT REASON, I WILL NOT BE SUPPORTING IT BOTH
BECAUSE I THINK IT'S INCONSISTENT WITH THE LETTER AND SPIRIT OF OUR OWN
STATE CONSTITUTION, BUT ALSO INCONSISTENT WITH THE CONCEPT THAT
REPRESENTATION IN LOCAL GOVERNMENT SHOULD BE BASED ON EQUAL
REPRESENTATION OF THOSE WHO ARE LAWFULLY HERE AND ARE CITIZENS. THANK
YOU, SIR.
ACTING SPEAKER AUBRY: MR. JACOBSON TO
EXPLAIN HIS VOTE.
MR. JACOBSON: THE CURRENT STATE OF THE LAW
FOLLOWS A NUMBER OF CASES THAT HAVE COME FROM THE SUPREME COURT
AND IN 1964 IN THE CASE OF REYNOLDS V. SIMS, THE COURT HELD THAT THE
EQUAL PROTECTION CLAUSE REQUIRES THAT BOTH SEATS -- THAT THE SEATS IN
BOTH HOUSES OF A BICAMERAL STATE LEGISLATURE, SUCH AS WE HAVE - WE
HAVE AN ASSEMBLY AND A STATE SENATE - MUST BE APPORTIONED ON A TOTAL
POPULATION BASIS. THAT'S WHAT WE DO. WE, BEFORE WE REDISTRICT, WE USE
ALL OF THE POPULATION OF THE ENTIRE STATE. AND THAT'S -- AND WE DO THAT
AND THAT'S WHAT THE LAW IS NOW.
AND IT'S IMPORTANT TO REALIZE THAT WE REPRESENT
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NYS ASSEMBLY JUNE 1, 2022
EVERYONE WHO LIVES IN OUR RESPECTIVE DISTRICTS. WE REPRESENT ADULTS
AND CHILDREN, THOSE WHO ARE VOTING AGE AND THOSE WHO ARE NOT. WE
REPRESENT THOSE WHO ARE ELIGIBLE TO REGISTER TO VOTE, BUT CHOOSE NOT TO,
AND OF THOSE WHO ARE REGISTERED TO VOTE, WE REPRESENT THOSE WHO SOME
WILL VOTE AND SOME WHO DO NOT VOTE. WE REPRESENT CITIZENS AND
NON-CITIZENS. IN SHORT, WE REPRESENT ALL THE RESIDENTS IN OUR DISTRICTS
AND WHEN IT COMES TO REDISTRICTING OF THE STATE LEGISLATURE, WE USE THE
NUMBER OF RESIDENTS IN THE STATE. THIS BILL MAKES SURE THAT LOCAL
GOVERNMENTS DO THE SAME AND USE ALL THE RESIDENTS IN THEIR
MUNICIPALITY.
SO WITH THAT, I VOTE IN FAVOR OF THE BILL. THANK YOU.
ACTING SPEAKER AUBRY: ASSEMBLYMAN
JACOBSON IN THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 18, RULES REPORT NO. 513, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A10425, RULES REPORT
NO. 513, COMMITTEE ON RULES (ABBATE, SILLITTI, ENGLEBRIGHT, THIELE,
BRAUNSTEIN, JONES, COLTON, GUNTHER, OTIS, BURDICK, SANTABARBARA,
ABINANTI, DINOWITZ, GRIFFIN, LAVINE, WOERNER, STERN, JEAN-PIERRE,
STIRPE). AN ACT TO AMEND THE CIVIL SERVICE LAW AND THE LABOR LAW, IN
RELATION TO CLARIFYING THE VESTING OF RETIREE HEALTH INSURANCE WITHIN
COLLECTIVE BARGAINING AGREEMENTS.
ACTING SPEAKER AUBRY: MR. GOODELL.
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NYS ASSEMBLY JUNE 1, 2022
MR. GOODELL: THANK YOU, SIR.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. GOODELL: THE COURTS HAVE ALMOST
UNIVERSALLY, FOR GOING BACK DECADES OR CENTURIES, HELD THAT WHEN THERE'S
A WRITTEN CONTRACT BETWEEN PARTIES, YOU HAVE TO LOOK AT THE FOUR CORNERS
OF THE CONTRACT TO DECIDE WHAT THE PARTIES INTENDED TO DO. AND AS LONG
AS A CONTRACT IS REASONABLY CLEAR, THE COURTS WOULD NOT ALLOW PEOPLE
AFTER THEY SIGNED A CONTRACT TO GO TO COURT AND SAY, HEY, THAT'S NOT
REALLY WHAT I MEANT, OR, THERE SHOULD BE MORE THINGS COVERED BY THIS
CONTRACT. AND THAT RULE WHICH SAID IF YOU WANT TO BE CLEAR, YOU HAVE A
WRITTEN CONTRACT, WRITE IT DOWN AND WE WILL NOT CONSIDER EXTRINSIC
VERBAL EVIDENCE TO CHANGE WHAT'S IN THE WRITING. AND IT'S CALLED A PAROL
EVIDENCE RULE, PAROL MEANING VERBAL.
SO IN 2020, THE NEW YORK STATE COURT OF APPEALS
APPLIED THAT LONGSTANDING RULE OF CONTRACT INTERPRETATION TO COLLECTIVE
BARGAINING AGREEMENTS AS THEY RELATED TO LIFETIME HEALTH INSURANCE FOR
RETIREES. AND THEY SAID YOU HAVE TO READ THE COLLECTIVE BARGAINING
AGREEMENT, IT'S A WRITTEN AGREEMENT, THE WORDS WERE NEGOTIATED, THE
PARTIES WERE ALMOST ALWAYS REPRESENTED BY COMPETENT LAWYERS, AND
THEY SAID -- THE COURT OF APPEALS SAID YOU DON'T GET LIFETIME HEALTH
BENEFITS AS A RETIREE UNLESS THE CONTRACT SAYS YOU DO. AND THE ONLY
TIME YOU CAN HAVE ORAL TESTIMONY THAT GOES BEYOND THE CONTRACT TERMS
IS IF THE CONTRACT WAS, QUOTE, "SUFFICIENTLY AMBIGUOUS AS TO REQUIRE
ADDITIONAL TESTIMONY."
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NYS ASSEMBLY JUNE 1, 2022
AND WHAT THIS BILL SAYS IS NO, EVEN IF IT'S NOT
AMBIGUOUS, EVEN IF IT'S NOT CLEARLY COVERED, YOU CAN INTRODUCE ORAL
TESTIMONY. AND THE PROBLEM WITH IT IS THAT IT REMOVES THE CONFIDENCE
THAT THE PARTIES HAVE THAT THEIR WRITTEN AGREEMENT ACTUALLY DEFINES THE
WRITTEN TERMS AND CONDITIONS, AND IN THIS AREA OF LIFETIME RETIREE HEALTH
INSURANCE, IT OPENS A POSSIBILITY THAT PEOPLE CAN CLAIM THAT EVEN THOUGH
THE CONTRACT DIDN'T COVER IT, THEY MEANT TO HAVE LIFETIME HEALTH
INSURANCE.
NOW, MANY OF MY COLLEAGUES AND I HAVE RECEIVED
LOBBYING EFFORTS FROM PEOPLE THAT ARE LOOKING AT RETIREMENT BECAUSE
HAVING LIFETIME RETIREE IS A HUGE BENEFIT, OF COURSE. THE OLDER I GET, THE
MORE VALUABLE IT LOOKS. BUT WE ALSO HAVE TO REMEMBER IT'S A HUGE COST
TO OUR LOCAL GOVERNMENTS AND SCHOOLS AND OTHERS, AND IN MY PARTICULAR
DISTRICT, THIS LIFETIME RETIREMENT BENEFIT ALMOST DROVE THE CITY OF
JAMESTOWN INTO BANKRUPTCY.
SO I THINK WE SHOULD STICK WITH STANDARD CONTRACT
INTERPRETATIONS, REQUIRE AND EXPECT THE PARTIES WHO ARE REPRESENTED BY
ATTORNEYS TO PUT WHAT THEY MEAN AND MEAN WHAT THEY SAY WHEN THEY
WRITE THE CONTRACT, AND TO ALLOW PAROL EVIDENCE, OR VERBAL EVIDENCE,
ONLY WHEN THERE'S AN AMBIGUITY THAT NEEDS THAT ADDITIONAL EVIDENCE.
FOR THAT REASON, I WILL BE VOTING AGAINST IT, BUT I RECOGNIZE THAT MANY OF
MY COLLEAGUES WILL WANT TO SUPPORT IT. THANK YOU, SIR.
ACTING SPEAKER AUBRY: MR. GOODELL.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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NYS ASSEMBLY JUNE 1, 2022
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 10425. 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 30, CALENDAR NO. 163, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A05108, CALENDAR NO.
163, ABBATE, COLTON, BARNWELL, LAWLER, SILLITTI, SAYEGH, J. A. GIGLIO,
ZEBROWSKI, TANNOUSIS. AN ACT IN RELATION TO AFFECTING THE HEALTH
INSURANCE BENEFITS AND CONTRIBUTIONS OF CERTAIN RETIRED PUBLIC
EMPLOYEES.
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 5108. 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 FOR THE
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NYS ASSEMBLY JUNE 1, 2022
REASONS I'LL EXPLAIN IN A MOMENT. THOSE WHO WISH TO SUPPORT IT CAN
CERTAINLY VOTE YES HERE ON THE FLOOR OR BY CONTACTING OUR LEADER'S
OFFICE. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, THE
DEMOCRATIC CONFERENCE IS GENERALLY GOING TO BE IN FAVOR OF THIS PIECE
OF LEGISLATION TO ASSURE THAT PEOPLE HAVE ACCESS TO HEALTH INSURANCE;
HOWEVER, THERE MAY BE A FEW OF US WHO WANT TO BE AN EXCEPTION. THEY
SHOULD FEEL FREE TO EITHER VOTE IN CHAMBERS AND/OR CALL THE MAJORITY
LEADER'S OFFICE AND WE WILL MAKE SURE THEIR VOTE IS PROPERLY RECORDED.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, MA'AM.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THIS BILL MAKES IT
ILLEGAL FOR PUBLIC EMPLOYERS TO DIMINISH THE HEALTH INSURANCE BENEFITS
PROVIDED TO RETIREES AFTER THE EFFECTIVE DATE OF THIS LAW. AND THIS
CREATES TREMENDOUS PROBLEMS BECAUSE A LOT OF MUNICIPALITIES ARE BEING
-- SEEING THOSE COSTS ESCALATING WAY BEYOND WHAT THEY HAD EVER
PLANNED FOR AND, AS A RESULT, MANY MUNICIPALITIES ARE NEGOTIATING WITH
THEIR RETIREES TO HAVE THEM LEAVE A 100 PERCENT LOCALLY-FUNDED RETIREE
PLAN OR HEALTH PLAN -- RATHER, A HEALTH PLAN AND INSTEAD GO INTO A
MEDICAID SUPPLEMENTAL PLAN. AND AS I MENTIONED EARLIER, THESE RETIREE
HEALTH BENEFITS BROUGHT THE CITY OF JAMESTOWN RIGHT TO THE EDGE OF
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NYS ASSEMBLY JUNE 1, 2022
BANKRUPTCY, AND THEY ADDRESSED IT BY PROVIDING THEIR RETIREES WITH A
SUPPLEMENTAL MEDICAID PLAN, OR MEDICARE PLAN, SO THEY ENDED UP WITH
THE EQUIVALENT COVERAGE AT A FRACTION OF THE COST.
THIS BILL WOULD MAKE IT ILLEGAL FOR MUNICIPALITIES TO
IMPLEMENT THOSE TYPES OF INNOVATIVE COST-CUTTING MEASURES THAT SHIFT
THE COST FROM THE LOCAL TAXPAYER ON TO MEDICARE AND WOULD, THEREFORE,
RESULT IN MUCH HIGHER TAXES FOR A LOT OF OUR MUNICIPALITIES WITH NO
CORRESPONDING BENEFIT FOR THE RETIREES. FOR THAT REASON, I CAN'T SUPPORT
IT AND RECOMMEND AGAINST IT TO MY COLLEAGUES. THANK YOU, SIR.
ACTING SPEAKER ZEBROWSKI: MR. GOODELL IN
THE NEGATIVE.
MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. PLEASE
RECORD MY COLLEAGUES MR. DURSO, MR. GANDOLFO, AND MR. RA IN THE
AFFIRMATIVE. THANK YOU, SIR.
ACTING SPEAKER ZEBROWSKI: SO NOTED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. ALSO RECORD MY
COLLEAGUES MR. SMITH -- MR. SCHMITT AND MR. BRABENEC.
ACTING SPEAKER ZEBROWSKI: SO NOTED.
MR. GOODELL: AND JODI GIGLIO, AND LET'S NOT
FORGET MR. MIKULIN.
ACTING SPEAKER ZEBROWSKI: THANK YOU, MR.
GOODELL, SO NOTED.
MR. GOODELL: THANK YOU, SIR.
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NYS ASSEMBLY JUNE 1, 2022
ACTING SPEAKER ZEBROWSKI: MS. WALSH TO
EXPLAIN HER VOTE.
MS. WALSH: ACTUALLY, MR. SPEAKER, I'M NOT GOING
TO EXPLAIN MY VOTE, BUT I WOULD LIKE YOU TO PLEASE RECORD MR.
TANNOUSIS IN THE AFFIRMATIVE ON THIS BILL. THANK YOU.
ACTING SPEAKER ZEBROWSKI: SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 22, CALENDAR NO. 29, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00382, CALENDAR NO.
29, PAULIN, L. ROSENTHAL, JACOBSON, COLTON, QUART, GOTTFRIED, VANEL,
HEVESI, FAHY, LUPARDO, KELLES, WALLACE, LUNSFORD, FORREST, GALLAGHER,
STIRPE, GONZÁLEZ-ROJAS, CYMBROWITZ, REYES, SAYEGH, LAVINE,
MAMDANI. AN ACT TO AMEND THE NOT-FOR-PROFIT CORPORATION LAW, IN
RELATION TO THE CREATION, OPERATION, AND DUTIES OF NATURAL ORGANIC
REDUCTION FACILITIES AS CEMETERY CORPORATIONS.
ACTING SPEAKER ZEBROWSKI: MS. PAULIN, AN
EXPLANATION HAS BEEN REQUESTED.
MS. PAULIN: OF COURSE, I'D LOVE TO. THE BILL
PROVIDES FOR THE CREMATION -- A CREATION, OPERATION AND DUTIES OF
NATURAL, ORGANIC REDUCTION FACILITIES BY A CEMETERY CORPORATION. JUST SO
YOU KNOW WHAT NATURAL ORGANIC PRODUCTION IS, IT'S THE CONTAINED
ACCELERATED CONVERSION OF HUMAN REMAINS TO SOIL OVER ROUGHLY A
30-DAY PERIOD.
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NYS ASSEMBLY JUNE 1, 2022
ACTING SPEAKER ZEBROWSKI: MR. LEMONDES.
MR. LEMONDES: THANK YOU, MR. SPEAKER. WILL
THE SPONSOR YIELD FOR A FEW QUESTIONS?
ACTING SPEAKER ZEBROWSKI: MS. PAULIN,
WILL YOU YIELD?
MS. PAULIN: I'D BE HAPPY TO.
ACTING SPEAKER ZEBROWSKI: THE SPONSOR
YIELDS.
MR. LEMONDES: THANK YOU, I APPRECIATE THAT AT
THIS LATE HOUR. COULD YOU DESCRIBE THE PROCESS IN A LITTLE MORE DETAIL
JUST SO -- JUST SO I UNDERSTAND EXACTLY WHAT'S HAPPENING TO THE HUMAN
BODY IN THIS SITUATION?
MS. PAULIN: SURE. SO ESSENTIALLY THE REMAINS ARE
PLACED IN AN ABOVE GROUND CAPSULE CONTAINING A MIXTURE OF ALFALFA
LEAVES, WOOD CHIPS AND BRASS, AND GENTLY AND NATURALLY CONVERT TO SOIL
OVER A PERIOD OF 30 DAYS. IT'S SIMILAR TO BURIAL EXCEPT ONCE YOU PUT
FORMALDEHYDE ON THE BODY, IT TAKES LONGER TO DECOMPOSE.
MR. LEMONDES: SO WHAT -- WHAT IS THE PURPOSE OF
THIS? I'M STRUGGLING WITH THE -- TO ME THAT -- THAT SEEMS AS IF IT'S
DESECRATING THE HUMAN BODY --
MS. PAULIN: UM, IN FACT --
MR. LEMONDES: -- DEPENDING ON WHAT ONE'S --
WHAT ONE'S FAITH MIGHT BE.
MS. PAULIN: WELL, LET'S TAKE THE THREE -- THE TWO
OPTIONS THAT ARE ALLOWED BY LAW. ONE IS PUTTING THE BODY IN A COFFIN
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WITH A LOT OF CHEMICALS AND BURYING IT, AND THEN IT DECOMPOSES OVER A
PERIOD OF TIME AND THE FORMALDEHYDE CREATES A LOT OF POLLUTION
UNDERGROUND. THE REQUIREMENT OF A CASKET IS A LOT OF MAN HOURS AND A
LOT OF NATURAL RESOURCES, AND IT'S A LOT OF LAND. THE SECOND OPTION IS
CREMATION. CREMATION YOU ESSENTIALLY BURN THE BODY, WHICH REQUIRES A
LOT OF FOSSIL FUELS AND IS VERY DETRIMENTAL TO THE ENVIRONMENT. THIS
THIRD OPTION IS SIMILAR TO BURIAL EXCEPT WITHOUT THE FORMALDEHYDE AND
IT'S ABOVE GROUND. SO IT'S -- IT'S -- I THINK IF YOU WATCH OLD MOVIES YOU
CAN THINK OF THE TOMB THAT YOU PUT THE BODY IN AND IT DECOMPOSES, BUT
IT'S VERY SIMILAR TO UNDERGROUND EXCEPT WITHOUT THE CHEMICALS AND
WITHOUT THE LAND SPACE.
MR. LEMONDES: SO -- AND THANK YOU FOR THAT. IF
YOU DON'T MIND, I'M GOING TO KEEP GOING ON THIS. IF I UNDERSTAND YOU
CORRECTLY THERE IS NO FORMALDEHYDE, NO EMBALMING FLUID USED
WHATSOEVER IN THIS.
MS. PAULIN: THAT'S CORRECT.
MR. LEMONDES: OKAY. WOULD THIS BE A
REQUIREMENT OR AN OPTION FOR THOSE FAMILIES?
MS. PAULIN: ALL -- THIS WOULD BE AN OPTION. IT
WOULD JUST BE A CHOICE OF THE FAMILY WHO CERTAINLY COULD USE ANY OF
THE OTHER TWO METHODS. BOTH ARE -- WE'RE NOT MAKING ANY OF THEM
ILLEGAL, WE'RE JUST LEGALIZING THIS ONE.
MR. LEMONDES: SO IS THE -- IS THE PRIMARY DRIVER
SPACE, OR ENVIRONMENTAL CONCERNS OR BOTH?
MS. PAULIN: I THINK IT'S BOTH. AND TO GIVE FAMILIES
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ANOTHER OPTION. WHEN THIS BILL PASSES, WHICH WE EXPECT IT WILL IN THE
SENATE AS WELL AND SIGNED INTO LAW, WE WOULD BE THE FIFTH STATE TO
ALLOW THIS, SO IT'S A GROWING TREND IN THE UNITED STATES.
MR. LEMONDES: I DISAGREE ON THE SPACE
COMPONENT OF THAT. WE LOST 319,000 PEOPLE IN NEW YORK LAST YEAR, WE
LOST 1.2 MILLION OVER THE LAST DECADE, OUR POPULATION IS DECREASING, IT'S
NOT INCREASING, AND THE MAIN RELIGIONS AS FAR AS I HAVE INFORMATION ON,
THE CATHOLIC CONFERENCE, THE JEWISH FAITH AND THE ORTHODOX CHRISTIAN
GROUPS VIEW THIS AS DESECRATION OF THE BODY.
MS. PAULIN: WELL, I'VE ONLY RECEIVED ONE NEGATIVE
MEMO FROM, YOU KNOW, A RELIGIOUS ORGANIZATION AND THAT IS THE
CATHOLIC CONFERENCE. AND THE CATHOLIC CONFERENCE SAYS THAT A
PROCESS WHEREBY HUMAN REMAINS ARE COMPOSED AND SCATTERED IN A
DESIGNATED SCATTERING GARDEN OR AREA IN A CEMETERY FAILS TO SUFFICIENTLY
RESPECT THE DIGNITY DUE THE DECEASED. SO THE QUESTION I WONDERED,
BECAUSE I'M NOT CATHOLIC, IS DOES THE CATHOLIC FAITH OBJECT TO
CREMATION?
MR. LEMONDES: I CAN'T ANSWER THAT, I'M NOT -- I'M
NOT CATHOLIC.
MS. PAULIN: I DON'T -- I DON'T THINK THEY DO. AND
THE WORDS THAT ARE IN THE LAW FOR CREMATION AND FOR WHAT WE'RE
PROPOSING ARE IDENTICAL. SO I DON'T KNOW WHY ONE TYPE OF BURIAL OR,
YOU KNOW, ONE TYPE OF DEALING WITH HUMAN REMAINS WOULD BE CONTRARY
TO A RELIGIOUS BELIEF WHEN THE LAW IS IDENTICAL FOR THE OTHER TYPE. BUT
AGAIN, IT'S A CHOICE. SO IF SOMEBODY WANTS TO USE THIS AS THEIR OPTION
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THEY CAN, AND IF SOMEBODY DOESN'T THEY DON'T HAVE TO. IF I WANT TO BE
ABLE TO TAKE SOME OF THE REMAINS AND PLANT A TREE WITH MY REMAINS SO
THAT MY FAMILY COULD CHERISH THAT TREE FOREVER AND REMEMBER MY
MEMORY, THEN THAT WOULD BE SOME OPTION THAT I COULD USE. IF SOMEONE
BELIEVES THAT, YOU KNOW, THIS IS CONTRARY TO THEIR RELIGIOUS BELIEFS, THEN
THEY DO NOT HAVE TO DO THIS OPTION AND THEY CAN GO WITH EITHER
CREMATION OR -- OR BURIAL AS WE HAVE IN THE LAW CURRENTLY.
MR. LEMONDES: THANK YOU FOR ANSWERING THAT.
DO YOU THINK THAT THIS WOULD IMPACT JOBS AT ALL, PERHAPS, IN THE FUNERAL
INDUSTRY ACROSS OUR STATE?
MS. PAULIN: THE -- YOU KNOW, THERE HAS TO BE A
TYPE OF -- WE HAVE TO DEAL WITH THE HUMAN REMAINS SO AS LONG PEOPLE
DIE, YOU KNOW, AT THE SAME RATE AS WE, YOU KNOW, WE HAVE PEOPLE --
YOU KNOW, THERE'S -- YOU KNOW, WE'RE GOING TO KEEP THOSE JOBS. SO I
DON'T KNOW THAT IT'S REALLY A JOB ISSUE.
MR. LEMONDES: THANK YOU FOR ANSWERING THOSE
QUESTIONS.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER ZEBROWSKI: ON THE BILL.
MR. LEMONDES: THANK YOU. DUE TO THE
OPPOSITION OF THE FUNERAL DIRECTORS ASSOCIATION, THE CATHOLIC FAITH,
AND I WILL SPEAK ONLY ON MY OWN FAITH AS AN ORTHODOX CHRISTIAN, THIS IS
NOT SOMETHING THAT WE WOULD DO. I CAN'T SUPPORT THIS. I WOULD ALSO PUT
FORWARD IF THE -- IF THE CONCERN IS OF BURIAL AND SPACE, THERE ARE --
CREMATION IS STILL A VIABLE OPTION. THEY USE WOOL CASKETS AS IS DONE IN
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OTHER COUNTRIES WHICH IS COMPLETELY BIODEGRADABLE WITHOUT ANY
CHEMICALS IS ALSO AN OPTION AS WELL. FOR THOSE REASONS, I WOULD NOT
SUPPORT THIS AND URGE MY COLLEAGUES NOT TO AS WELL. THANK YOU.
ACTING SPEAKER ZEBROWSKI: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH
DAY.
ACTING SPEAKER ZEBROWSKI: THE CLERK WILL
RECORD THE VOTE ON ASSEMBLY BILL 382. 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. BASED ON OUR PRIOR
COMMITTEE VOTES, THE REPUBLICAN CONFERENCE IS PRIMARILY IN THE
NEGATIVE ON THIS, BUT THERE MAY BE SOME COLLEAGUES THAT SUPPORT THIS
OPTION. AND THEY ARE CERTAINLY WELCOME TO USE IT THEMSELVES PROVIDED
IT PASSES AND IS SIGNED INTO LAW, AND THEY SHOULD VOTE YES HERE ON THE
FLOOR OR BY CONTACTING THE MINORITY LEADER'S OFFICE. THANK YOU, SIR.
ACTING SPEAKER ZEBROWSKI: MRS.
PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE IS GOING TO BE IN FAVOR OF THIS PIECE
OF LEGISLATION; HOWEVER, THERE MAY BE SOME OF US WHO WOULD CHOOSE TO
BE AN EXCEPTION. THEY SHOULD FEEL FREE TO DO SO BY CALLING THE
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NYS ASSEMBLY JUNE 1, 2022
MAJORITY LEADER'S OFFICE AND/OR PRESSING THEIR BUTTON IN THE CHAMBERS.
THANK YOU, SIR.
ACTING SPEAKER ZEBROWSKI: THANK YOU.
(THE CLERK RECORDED THE VOTE.)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, WOULD YOU
PLEASE RECORD OUR COLLEAGUES MR. EICHENSTEIN, MR. BARNWELL AND MR.
COLTON IN THE NEGATIVE ON THIS ITEM. THANK YOU, SIR.
ACTING SPEAKER ZEBROWSKI: SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 32, CALENDAR NO. 194, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A05891-C, CALENDAR
NO. 194, JOYNER, SIMON, DICKENS, CARROLL, AUBRY, O'DONNELL,
DINOWITZ, FORREST, JACKSON, HEVESI, MITAYNES, GONZÁLEZ-ROJAS, OTIS,
EPSTEIN, KELLES, CRUZ, REYES, ZINERMAN, SEAWRIGHT, PRETLOW,
ANDERSON, BURDICK, BURGOS, QUART, L. ROSENTHAL. AN ACT TO AMEND THE
FAMILY COURT ACT AND THE CRIMINAL PROCEDURE LAW, IN RELATION TO THE
CUSTODIAL INTERROGATION OF JUVENILES BY LAW ENFORCEMENT.
ACTING SPEAKER ZEBROWSKI: MS. JOYNER, AN
EXPLANATION HAS BEEN REQUESTED.
MS. JOYNER: SURE. THIS BILL -- THIS BILL WOULD
PROVIDE FOR ADDITIONAL PROTECTIONS AND PROCEDURES WHEN A YOUTH IS
TAKEN INTO CUSTODY BY LAW ENFORCEMENT DURING YOUTH INTERROGATIONS.
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NYS ASSEMBLY JUNE 1, 2022
ACTING SPEAKER ZEBROWSKI: MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD, PLEASE?
ACTING SPEAKER ZEBROWSKI: MS. JOYNER,
WILL YOU YIELD?
MS. JOYNER: YES.
ACTING SPEAKER ZEBROWSKI: THE SPONSOR
YIELDS.
MS. WALSH: THANK YOU SO MUCH. SO I'D LIKE TO GET
-- I HAVE -- I HAVE A NUMBER OF QUESTIONS ACTUALLY, ABOUT THIS, IT'S VERY
INTERESTING. FIRST OF ALL, I NOTICED THAT THIS BILL IS IN A C PRINT. CAN YOU
JUST TALK A LITTLE BIT ABOUT ANY CHANGES THAT WERE MADE IN THE BILL ALONG
THE WAY? BECAUSE SOME OF THE -- SOME OF THE PEOPLE THAT -- SOME OF
THE ORGANIZATIONS THAT HAVE WEIGHED IN ONE WAY OR THE OTHER HAVE
COMMENTED THAT THE BILL APPEARS TO BE IMPROVED FROM EARLIER VERSIONS
IN THEIR VIEWS, SO I'D JUST LIKE TO HEAR THAT FROM YOU.
MS. JOYNER: I MEAN, YES. WE TOOK IN FEEDBACK
FROM DIFFERENT GROUPS AND WE LANDED ON THE LANGUAGE THAT WE'RE
DISCUSSING TODAY.
MS. WALSH: OKAY. SO BASICALLY THE WAY I READ THE
BILL IS THAT IT DOES, YOU KNOW, A FEW DIFFERENT THINGS. THE FIRST HAS TO
DO WITH NOTIFYING A PARENT OR PERSON LEGALLY RESPONSIBLE FOR THE
JUVENILE DEFENDANT AT THE MOMENT PRECEDING THE ARREST OR QUESTIONING
OF THE JUVENILE DEFENDANT. CAN YOU JUST TALK ABOUT WHAT THAT PROCESS IS
GOING TO BE UNDER -- UNDER THIS LEGISLATION?
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MS. JOYNER: RIGHT. IT CLARIFIES WHAT IMMEDIATE
NOTIFICATION IS. RIGHT NOW, IT'S AMBIGUOUS. THE BILL MAKES IT CLEAR THAT
IMMEDIATE NOTIFICATION IS BEFORE THERE'S ANY TRANSPORT OF THE CHILD TO
ANOTHER LOCATION.
MS. WALSH: OKAY. AND -- SO IF THE POLICE
REASONABLY BELIEVE THAT THERE'S GOING TO BE A PARENT OR PERSON LEGALLY
RESPONSIBLE AT THE JUVENILE DEFENDANT'S HOME, THEY'RE REQUIRED TO TAKE
THE JUVENILE DEFENDANT TO THEIR HOME AND SEE IF A PARENT OR PERSON
LEGALLY RESPONSIBLE COMES TO THE DOOR; IS THAT CORRECT?
MS. JOYNER: YES. PRESUMPTION IS TO RELEASE TO THE
PARENT.
MS. WALSH: OKAY. SO -- AND THEN WHEN THEY -- SAY
THEY GO THERE AND THERE'S A PARENT OR, AND I'LL JUST SAY PLR, PERSON
LEGALLY RESPONSIBLE, IS AVAILABLE, THEY COME TO THE DOOR. IF IT IS A
FELONY CHARGE, THEN WHAT HAPPENS IN THAT CASE?
MS. JOYNER: IF IT'S A DESIGNATED FELONY, YOU KNOW,
THEY HAVE DIFFERENT OPTIONS. THEY CAN TAKE THE CHILD TO THE POLICE
STATION, FAMILY COURT, OR MAGISTRATE.
MS. WALSH: OR, WHAT WAS THE LAST?
MS. JOYNER: MAGISTRATE.
MS. WALSH: OH, MAGISTRATE, OKAY. NOW, IF IT'S
SOMETHING THAT'S NOT A DESIGNATED FELONY, THEY'RE DIRECTED TO ISSUE AN
APPEARANCE TICKET AND ALLOW THE JUVENILE DEFENDANT TO REMAIN AT THEIR
HOME WITH THEIR PARENT OR PLR, RIGHT?
MS. JOYNER: YES.
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MS. WALSH: OKAY. SO WHAT HAPPENS -- OKAY. SO
IS THERE ANY DETERMINATION THAT'S BEING MADE BY LAW ENFORCEMENT?
LET'S SAY THEY GET TO THE JUVENILE DEFENDANT'S HOME AND A PARENT COMES
TO THE DOOR WHO IS OBVIOUSLY INTOXICATED, IS OBVIOUSLY IMPAIRED IN
SOME WAY OR IS, YOU KNOW, FOR A VARIETY OF REASONS AN UNSUITABLE
PERSON TO LEAVE THE JUVENILE DEFENDANT WITH. UNDER THIS LEGISLATION,
MUST THEY STILL DO THAT IF IT'S A -- IF IT'S A NON-FELONY? DO THEY STILL NEED
TO RELEASE WITH AN APPEARANCE TICKET IN THAT INSTANCE?
MS. JOYNER: RIGHT. SO IF IT'S AN UNSAFE CONDITION,
POLICE WILL RETAIN DISCRETION AS TO WHETHER OR NOT IT'S APPROPRIATE TO
RELEASE THE YOUTH AT THEIR HOME.
MS. WALSH: OKAY, THAT'S GOOD. SO LET'S SAY THEN
THAT -- LET'S SAY IT'S A FELONY, A DESIGNATED FELONY AND INSTEAD OF -- SO IN
THAT INSTANCE, DO THEY -- DOES LAW ENFORCEMENT HAVE TO TAKE THE
JUVENILE DEFENDANT TO THE HOME FIRST OR MAY THEY TAKE THEM DIRECTLY TO
THE POLICE STATION?
MS. JOYNER: RIGHT. SO IF IT'S A DESIGNATED FAMILY
ACT -- FELONY, SORRY. IF IT'S A DESIGNATED FELONY, YES, THE PRESUMPTION IS
TO EITHER TAKE TO THE FAMILY COURT OR THE MAGISTRATE.
MS. WALSH: BUT BEFORE THEY DO THAT, MUST THEY STILL
MAKE ATTEMPTS TO NOTIFY THE PARENT OR PLR?
MS. JOYNER: YES.
MS. WALSH: OKAY. AND IF THERE IS NO RESPONSE OR
IF THERE IS A RESPONSE, WOULD THE PARENT COME TO THE -- WOULD THE
UNDERSTANDING BE THAT THEY WOULD COME TO THE STATION TO JOIN THE
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JUVENILE DEFENDANT AT THE STATION DURING PROCESSING?
MS. JOYNER: RIGHT. THE PRES -- YOU KNOW, WE
WOULD BE PRESUMING THAT THE PARENT OR THE PLR WOULD SHOW UP BUT,
YES, THIS BILL IS JUST CLARIFYING THE TIMING OF NOTIFICATION AND GIVING THE
PARENTS, YOU KNOW, AWARENESS THAT THEY ARE -- THE CHILD IS IN CUSTODY.
MS. WALSH: AN AWARENESS THAT THIS HAS HAPPENED
AND AN OPPORTUNITY TO APPEAR. IS THERE ANY CONSEQUENCE IF THAT PARENT
OR PLR SAYS, YOU KNOW WHAT, THIS IS THE EMPTEENTH TIME THAT THIS KID
HAS BEEN IN TROUBLE, I'M WORKING, OR I'M BUSY, OR I'M NOT COMING DOWN
THERE. DOES THAT CHANGE ANYTHING AS WE LOOK THROUGH THE SEQUENCE
HERE OF WHAT HAPPENS?
MS. JOYNER: NO.
MS. WALSH: OKAY. SO THEY GET TO THE STATION. AT
THAT POINT, WHAT HAPPENS AT THAT POINT, WHAT HAPPENS NEXT?
MS. JOYNER: IT DEPENDS. IF IT'S JUST FOR
QUESTIONING, IT'S AN INVEST -- YOU KNOW, AN INVESTIGATORY PROCESS THEY
CAN, YOU KNOW, ASK QUESTIONS, BUT IF IT'S A CUSTODIAL PROCESS, THAT'S
WHERE, YOU KNOW, MIRANDA RIGHTS ARE REQUIRED TO BE READ AND THE
CONSULTATION WITH AN ATTORNEY MUST BE PROVIDED TO THE -- TO THE CHILD.
MS. WALSH: OKAY, THAT'S INTERESTING. SO THE
CONSULTATION WITH THE ATTORNEY THEN ONLY TAKES PLACE IF THERE'S GOING TO
BE A CUSTODIAL RESULT.
MS. JOYNER: YES.
MS. WALSH: OKAY, THAT'S GOOD TO KNOW. I DID NOT
GET THAT FROM THE BILL, I APPRECIATE THAT. SO LET'S TALK ABOUT THAT
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CONSULTATION WITH THE ATTORNEY. IT CAN BE BY VIDEO CONFERENCE, IT CAN
BE BY TELEPHONE, IT CAN BE IN PERSON.
MS. JOYNER: CORRECT.
MS. WALSH: OKAY. DEPENDING UPON THE TIME OF
THE NIGHT, WHETHER IT'S A WEEKEND OR A WEEKDAY, IS IT ENVISIONED THAT
THERE WOULD BE ATTORNEYS FOR THE CHILDREN THAT WOULD BE AVAILABLE OR
ON-CALL OR ON STAFF TO BE ABLE TO PROVIDE THESE TYPES OF SERVICES, OR...
MS. JOYNER: AFTER CONSULTATION WITH OCA AND
LEGAL AID, YES, THIS -- THEY FEEL LIKE THE NEED WILL BE MET.
MS. WALSH: OKAY. BECAUSE, YOU KNOW, WE HAVE A
BIG STATE HERE AND SOME AREAS ARE PRETTY RURAL AND I KNOW SPEAKING AS
AN ATTORNEY FOR THE CHILD MYSELF THAT, YOU KNOW, IT'S -- IT'S -- THE CANDLE
IS DWINDLING RIGHT NOW.
MS. JOYNER: AND THAT'S WHY, YOU KNOW, WE MADE
THIS EXPANSIVE LIST OF OPTIONS. SO AGAIN, PHONE, VIDEO, OR IN PERSON.
SO WE, YOU KNOW, MADE IT ENOUGH THAT IT'S FLEXIBLE WHERE OPTIONS ARE
AVAILABLE TO, YOU KNOW, TAKE INTO CONSIDERATION THE, YOU KNOW, THE
ISSUES YOU'RE BRINGING UP.
MS. WALSH: IS THERE -- IS THERE -- WHAT IF THERE JUST
ISN'T ANYBODY IMMEDIATELY AVAILABLE, AN ATTORNEY IMMEDIATELY
AVAILABLE TO CONFER WITH THE JUVENILE DEFENDANT; WHAT HAPPENS THEN?
MS. JOYNER: THEN STATEMENTS CANNOT BE TAKEN AT
THAT POINT.
MS. WALSH: OKAY. AND -- OKAY. SO LET'S SAY THAT
THEY'RE ABLE TO PATCH IN THROUGH VIDEO CONFERENCE, SAY, AN ATTORNEY FOR
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THE CHILD, AND THAT ATTORNEY HAS A CONSULTATION. IS THAT A PRIVATE
CONSULTATION WITH THE JUVENILE DEFENDANT OR IS IT IN THE PRESENCE OF LAW
ENFORCEMENT?
MS. JOYNER: PRIVATE, YES. PRIVATE.
MS. WALSH: OKAY. SO LET'S SAY THAT THAT OCCURS AND
LET'S SAY THAT THE ATTORNEY ADVISES THE JUVENILE DEFENDANT, DO NOT MAKE
ANY STATEMENTS, THAT IS -- I DON'T WANT YOU MAKING ANY STATEMENTS AT
ALL. AND THEY COMPLETE THE CONSULTATION AND THEN THE JUVENILE
DEFENDANT SAYS, YEAH, I KNOW THAT THE ATTORNEY SAID THAT, BUT I, HAVING
BEEN GIVEN MY MIRANDA RIGHTS, AND EVERYTHING THAT HAS BEEN MET ON
THE MIRANDA RIGHTS, I WANT TO MAKE A VOLUNTARY STATEMENT. CAN THEY --
CAN THAT DEFENDANT DO THAT AND STILL HAVE THAT ADMISSIBLE LATER?
MS. JOYNER: YES. IF IT'S A KNOWING AND VOLUNTARY
WAIVER, IT'S ADMISSIBLE, AND ESPECIALLY AFTER A CONSULTATION WITH AN
ATTORNEY.
MS. WALSH: SO IT'S STILL APPROPRIATE -- IT COULD BE
APPROPRIATE FOR THE JUVENILE DEFENDANT TO REJECT ANY ADVICE THROUGH THE
CONSULTATION, THE IMPORTANT THING IS THAT THE CONSULTATION DID OCCUR.
MS. JOYNER: YES.
MS. WALSH: ALL RIGHT. AND IF -- OKAY. SO LET ME
JUST -- I KNOW I'M THROWING THESE AT YOU PRETTY QUICKLY, LET ME JUST GET
BACK TO MY NOTES HERE. ALL RIGHT. NOW, I NOTICED THAT IN THE LAW ITSELF,
AND THIS WASN'T A PORTION THAT WAS CHANGED BY THE -- BY THE BILL, THERE'S
A SECTION THAT DEALS WITH KIND OF FACTORS TO BE CONSIDERED. I'M LOOKING
AT PAGE 3 STARTING AROUND LINE 22, ABOUT -- IN DETERMINING THE
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SUITABILITY OF QUESTIONING. YOU'RE GOING TO CONSIDER THE PRESENCE OR
ABSENCE OF PARENTS, THE REASONABLE PERIOD OF TIME FOR QUESTIONING, DO
YOU SEE THAT SECTION?
MS. JOYNER: YES.
MS. WALSH: WHAT -- WHAT IS THE RELEVANCE OF THOSE
DETERMINATIONS? BECAUSE DOESN'T THE BILL REALLY HAVE TO DO WITH
WHETHER A STATEMENT IS GOING TO BE SUPPRESSED AS A MATTER OF LAW? I
MEAN, ARE YOU REALLY GOING TO BE DOING LIKE A HUNTLEY HEARING AS FAR AS
WHETHER A STATEMENT IS GOING TO BE SUPPRESSED OR NOT SUPPRESSED?
MS. JOYNER: SO HUNTLEY HEARINGS ARE STILL
PERMISSIBLE AND, YOU KNOW, WE PUT THIS LANGUAGE IN FOR THE JUDGES TO
DECIDE, YOU KNOW, HOW THE INTERROGATION WENT WITH THE CHILD.
MS. WALSH: SO IS IT FAIR TO SAY THAT A JUDGE AT A
HUNTLEY HEARING WILL SAY, ALL RIGHT, FIRST OF ALL, HAS THERE BEEN -- MUST I
SUPPRESS AS A MATTER OF LAW BECAUSE THERE WAS NO ATTORNEY
CONSULTATION? IF THERE WAS ATTORNEY CONSULTATION AND THERE'S STILL A
STATEMENT, THEN I TAKE A LOOK AT THESE OTHER FACTORS TO SEE WHETHER OR
NOT IT WAS -- WHETHER OR NOT RULES WERE FOLLOWED THAT MAKE IT A
REASONABLE -- REASONABLY OBTAINED STATEMENT THAT I'M GOING TO FIND
DOES NOT NEED TO BE SUPPRESSED.
MS. JOYNER: SO THIS DOESN'T CHANGE ANYTHING
THAT'S, YOU KNOW, CURRENTLY HAPPENING. IT'S BASICALLY LAID OUT IN THIS
WAY TO REASSERT, YOU KNOW, FACTORS THAT THE JUDGES CAN LOOK AT IN TERMS
OF LOOKING AT THE INTERROGATION PROCESS.
MS. WALSH: OKAY. ALL RIGHT. SO -- HOLD ON A
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SECOND. OKAY. SO ONE OF THE THINGS -- ONE OF THE GROUPS THAT HAS
CONCERNS WITH THE LEGISLATION EVEN IN ITS C PRINT WHERE WE ARE HERE IS
THE NEW YORK STATE SHERIFF'S ASSOCIATION. SO I JUST WANT TO REVIEW
WHAT THEY'RE SAYING. THEY'RE SAYING, THIS VERSION IS BETTER THAN THE
ORIGINAL BECAUSE THE ORIGINAL WOULD HAVE PROHIBITED POLICE FROM EVEN
TALKING TO AN ARRESTED JUVENILE UNLESS IT WAS NECESSARY TO PREVENT THE
IMMEDIATE DEATH OR INJURY OF A THIRD-PARTY. SO THAT WAS MAYBE SOME
OF THE FEEDBACK THAT YOU RECEIVED, YOU CHANGED THE BILL, THAT'S GREAT.
BUT THEY SAY -- THEY SAY, NO DEFENSE ATTORNEY WILL EVER TELL THEIR CLIENT
TO SPEAK WITH THE POLICE SO IN VIRTUALLY ALL CASES, THE JUVENILE'S
CULPABILITY FOR A CRIME WOULD HAVE TO BE PROVEN ANOTHER WAY. WHAT --
WHAT IS YOUR RESPONSE TO THAT CONCERN FROM THE SHERIFF'S ASSOCIATION?
MS. JOYNER: RIGHT. SO YOU KNOW, BASICALLY THIS
BILL IS JUST ENSURING THAT CONSTITUTIONAL PROTECTIONS ARE ACTUALLY A
REALITY. SO YOU KNOW, I HEAR THE ARGUMENTS, THAT'S WHY WE NEED THE
BILL, WE MADE ADDITIONAL CHANGES TO THE BILL IN TERMS OF NARROWING THE
SCOPE. BUT, YOU KNOW, DATA IS THAT 90 PERCENT OF ADOLESCENTS ARE
WAIVING THEIR MIRANDA RIGHTS, SO AGAIN, WE FEEL LIKE THIS IS A VERY
IMPORTANT ISSUE AND THIS BILL BEST ADDRESSES THAT GOAL.
MS. WALSH: AND YOU JUST REMINDED ME OF A
QUESTION I FORGOT TO ASK YOU EARLIER WHEN WE WERE TALKING ABOUT
MIRANDA RIGHTS. LET'S SAY THAT THERE IS A PARENT OR PLR THAT COMES --
SAY COMES TO THE STATION WITH THE JUVENILE DEFENDANT. MAY THE JUVENILE
DEFENDANT HIM OR HERSELF WAIVE MIRANDA RIGHTS?
MS. JOYNER: IT'S A NON-WAIVEABLE RIGHT FOR A CHILD.
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THE PARENT CANNOT WAIVE THIS RIGHT ON BEHALF OF THE CHILD, NO.
MS. WALSH: SO THEY PARENT CANNOT WAIVE IT --
MS. JOYNER: NO.
MS. WALSH: -- ONLY THE JUVENILE DEFENDANT HIM OR
HERSELF COULD WAIVE IT.
MS. JOYNER: CORRECT.
MS. WALSH: OKAY, THANK YOU FOR THAT. SO ONE OF
THE OTHER THINGS THAT THE SHERIFF'S ASSOCIATION POINTS OUT IS THEY SAY,
THE BIG QUESTION IS WHAT ABOUT VOLUNTARY STATEMENTS MADE TO OFFICERS
BEFORE THE JUVENILE IS BROUGHT TO A STATION OR TO THEIR HOME. WOULD
THESE BE ADMISSIBLE?
MS. JOYNER: RIGHT. SO AGAIN, IF IT'S DURING THE
INVESTIGATION PROCESS, STATEMENTS ARE, YOU KNOW, ALLOWED. IT'S ONLY
AFTER A CUSTODIAL -- CUSTODY ARREST WHERE CONSULTATION WITHIN AN
ATTORNEY IS, YOU KNOW, MANDATED.
MS. WALSH: OKAY. SO FOR EXAMPLE - AND I'M NOT A
CRIMINAL LAWYER SO I DON'T KNOW THE ANSWER TO THIS - WHEN THEY ARE
TRANSPORTING THE JUVENILE DEFENDANT, SAY, TO THE HOME TO SEE IF THE
PARENT IS THERE AND IN THE CAR, IN THE SQUAD CAR ON THE WAY OVER TO THE
HOME THE JUVENILE DEFENDANT IS MAKING ADMISSIONS. IS THAT -- IS THAT
CONSIDERED TO BE CUSTODY WHERE THOSE STATEMENTS WOULD NOT BE OKAY,
OR WOULD WE BACK IT UP FURTHER TO, SAY, AT THE SCENE OF THE CRIME, OR
ALLEGED CRIME IF THERE ARE STATEMENTS MADE THERE BY THE JUVENILE
DEFENDANT WHERE THAT DEFENDANT IS NOT CURRENTLY IN CUSTODY? I MEAN,
WHERE DO WE DRAW THE LINE AS FAR AS THOSE EARLIER STATEMENTS PRIOR TO,
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SAY, BEING AT THE STATION?
MS. JOYNER: CUSTODY IS DEFINED AS WHETHER THE
PERSON FEELS THEY CAN LEAVE OR NOT.
MS. WALSH: OKAY. OKAY. SO I DON'T KNOW THE
ANSWER TO THAT. DID YOU HAPPEN TO KNOW IF THAT MEANS THAT IF THEY'RE IN
THE SCENARIO WHERE THEY'RE IN THE POLICE CAR ON THE WAY TO THE HOME?
DOES IT DEPEND ON WHETHER THE CAR DOOR IS LOCKED?
MS. JOYNER: YOU KNOW, THIS WOULD BE UP TO A
JUDGE TO LOOK AT --
MS. WALSH: OKAY.
MS. JOYNER: -- WHETHER OR NOT, YOU KNOW, AGAIN,
WITH THE FACTORS WE LAID OUT IN THE BILL WOULD A CHILD FEEL LIKE THEY HAVE
THE ABILITY TO LEAVE OR NOT.
MS. WALSH: OKAY, VERY GOOD. NOW, ONE OF THE
CONCERNS THAT WAS RAISED BY -- A MEMO OF ACTUAL SUPPORT THAT I THOUGHT
WAS INTERESTING WAS FROM SAFE HORIZON AND ALTHOUGH THEY WERE OVERALL
SUPPORTIVE OF THE LEGISLATION, THEY RAISED WHAT I THOUGHT WAS KIND OF --
KIND OF AN INTERESTING CONCERN. THEY SAY, FIRST, IT'S IMPORTANT TO
ACKNOWLEDGE THAT WE DO HAVE CONCERNS ABOUT THIS BILL. TREATMENT AND
COUNSELING FOR CHILDREN EXHIBITING PROBLEMATIC SEXUAL BEHAVIORS IS
OFTEN ACCESSED THROUGH A CRIMINAL JUSTICE PROCESS. THIS MUST CHANGE,
OF COURSE, BUT IF CHILDREN WHO CAUSE HARM ARE LIKELY GOING TO BE
EXTRACTED FROM POLICE INTERROGATIONS THAT CURRENTLY -- THAT CURRENT
EXISTING PATH TO TREATMENT MAY BE CLOSED. ADDITIONALLY, WHEN LAW
ENFORCEMENT IS UNABLE TO OBTAIN STATEMENTS FROM THOSE SUSPECTED OF
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CAUSING HARM, MORE PRESSURE IS PLACED ON THE VICTIM OF THE CRIME IN
QUESTION WHOSE STATEMENT IS ALL LAW ENFORCEMENT MAY HAVE. WE DO NOT
WANT TO UNINTENTIONALLY HARM VICTIMS AND SURVIVORS OF VIOLENCE AND
ABUSE, ESPECIALLY CHILDREN. AND I THINK IN THAT INSTANCE THEY WERE
TALKING SPECIFICALLY ABOUT PERHAPS YOUTH-ON-YOUTH SEXUAL CRIME. I
THINK THAT THEY WERE SPECIFICALLY REFERRING TO THAT. HOW WOULD YOU
RESPOND TO THAT CONCERN EXPRESSED BY SAFE HORIZON?
MS. JOYNER: THERE'S NOTHING IN THIS BILL THAT WOULD
PROHIBIT ANY YOUTH THAT FEELS UNSAFE TO BE, YOU KNOW, TRANSPORTED TO A
SAFE LOCATION. BUT AGAIN, IF, YOU KNOW, THEY ARE IN CUSTODY AND THEY
ARE ALLOWED -- THIS BILL IS GOING TO ALLOW AN ATTORNEY TO BE PRESENT.
MS. WALSH: VERY GOOD. ALL RIGHT. THANK YOU
VERY MUCH, MS. JOYNER, I APPRECIATE YOUR ANSWERS.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER ZEBROWSKI: ON THE BILL.
MS. WALSH: THANK YOU SO MUCH. I THINK THAT MY
INITIAL 15 MINUTES IS ALMOST EXPIRED SO I WILL SAVE MY -- I'LL SPEAK ON
THE BILL -- OR I'LL EXPLAIN MY VOTE LATER IS WHAT I'M SAYING. I THINK THAT
THERE ARE OTHER PEOPLE WHO HAVE QUESTIONS. THANK YOU SO MUCH.
ACTING SPEAKER ZEBROWSKI: THANK YOU.
MR. REILLY.
MR. REILLY: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD?
MS. JOYNER: YES.
ACTING SPEAKER ZEBROWSKI: THE SPONSOR
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YIELDS.
MR. REILLY: THANK YOU, MS. JOYNER. I APOLOGIZE,
I'M BEHIND YOU, SO -- YOU DON'T HAVE TO TURN AROUND, DON'T WORRY ABOUT
IT. I HAVE A QUESTION. DURING THE -- I KNOW IN THE BILL IT STATES THAT
WHEN THE POLICE ARRIVE ON THE SCENE AND THERE'S AN INCIDENT WHERE THE
JUVENILE, WHETHER THAT'S ANYBODY UNDER THE AGE OF 18, IT SAYS, THEY
SHALL IMMEDIATELY, BEFORE TRANSPORTING THE CHILD TO THE POLICE STATION,
HAVE TO CONTACT THE PARENT. NOW, IS THAT ACCURATE?
MS. JOYNER: YES.
MR. REILLY: IS THERE ANY EXCEPTIONS TO THAT?
MS. JOYNER: RIGHT. SO THERE'S STILL -- THE PUBLIC
SAFETY EXCEPTION IS STILL APPLICABLE. IF THERE'S AN EMERGENCY SITUATION,
THAT'S ALSO STILL APPLICABLE. SO EXISTING EXCEPTIONS ARE STILL PERMISSIBLE.
MR. REILLY: IS THERE A REASON WHY WE USE "SHALL,"
THEN, BECAUSE SHALL WOULD MEAN THAT THEY HAVE TO DO IT AND THERE'S NO
EXCEPTIONS.
MS. JOYNER: RIGHT. SO SHALL IMMEDIATELY IS
CURRENT LAW. THIS BILL DOESN'T CHANGE CURRENT LAW ON THAT ISSUE --
MR. REILLY: OKAY.
MS. JOYNER: -- IN TERMS OF "SHALL," "MUST." THE
CURRENT LAW STILL SAYS SHALL.
MR. REILLY: SO -- BUT THE CURRENT LAW, BECAUSE I
SEE THE NEW GREEN HIGHLIGHTED, UNDERLINED, IT SAYS "BEFORE
TRANSPORTING." THE CURRENT LAW DOESN'T SAY BEFORE TRANSPORTING,
CORRECT? IT WAS IN A REASONABLE AMOUNT OF TIME YOU CONTACTED THE
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PARENTS; IS THAT ACCURATE?
MS. JOYNER: SO THE PURPOSE OF THAT SECTION IS
BASICALLY TO CLARIFY AND FULLY LAY OUT THAT IMMEDIATE NOTIFICATION IS
BEFORE A CHILD IS TRANSPORTED TO ANY OTHER LOCATION. THAT'S THE PURPOSE
OF THE PROVISION.
MR. REILLY: SO IF YOU HAVE A SCENARIO, SAY AT 42ND
STREET AND BROADWAY IN TIMES SQUARE, THERE'S A BIG MOVIE THEATER,
RIGHT, IN MANHATTAN. LARGE FIGHT, 100 JUVENILES, THEY GET INTO AN
ARGUMENT, THEY HAVE A FIST FIGHT, POLICE ARRIVE, THEY'RE MAKING ARRESTS
FOR MISDEMEANOR ASSAULTS. THERE'S A LARGE CROWD THERE. CAN THEY
TRANSPORT THOSE KIDS, THOSE OFFENDERS, TO THE PRECINCT WITHOUT HAVING TO
CONTACT THE PARENTS?
MS. JOYNER: CURRENT EXCEPTIONS ARE STILL
APPLICABLE. SO IF IT'S AN EMERGENCY, AN EXIGENT SITUATION, AS YOU, YOU
KNOW, LAID OUT, THESE EXCEPTIONS IN TERMS OF TRANSPORTING THE CHILD ARE
STILL PERMISSIBLE.
MR. REILLY: OKAY. IS THERE ANYTHING IN THE BILL
THAT WOULD ACTUALLY CLARIFY THAT TO MAKE SURE THAT THOSE EXIGENT
CIRCUMSTANCES --
MS. JOYNER: I MEAN, CASE LAW ALREADY LAYS OUT,
YOU KNOW, THOSE PROTECTIONS AND THAT ABILITY TO TRANSPORT CHILDREN IN
THOSE CIRCUMSTANCES.
MR. REILLY: OKAY, THANK YOU. SO DURING THE
PREVIOUS -- MY COLLEAGUE ASKED SOME QUESTIONS AND TALKED ABOUT WHAT
WOULD EQUATE TO A SPONTANEOUS UTTERANCE. SO IF YOU'RE DOING, IN THAT
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SCENARIO, RIGHT, THAT SCENARIO 42ND STREET AND BROADWAY, AND I'M ON
PATROL WITH MY PARTNER AND WE ARRIVE AND WE MAKE THE ARREST AND IT'S A
14-YEAR-OLD AND WE HANDCUFF THEM AND WE PUT THEM IN THE BACKSEAT OF
THE RMP, THE RADIO MOTOR PATROL CAR, AND WE'RE DRIVING BACK TO THE
PRECINCT BECAUSE THERE'S EXIGENT CIRCUMSTANCES, RIGHT, THE SHEER AMOUNT
OF PEOPLE, AND THAT 14-YEAR-OLD SAYS, I HAD A GUN AND I HAD IT ON THE
SIDEWALK AND I PLACED IT THERE. WOULD THAT BE CONSIDERED A
SPONTANEOUS UTTERANCE AND ADMISSIBLE EVEN THOUGH THEY DID NOT HAVE
THAT CONSULTATION WITH AN ATTORNEY AND THEIR PARENT WASN'T NOTIFIED?
MS. JOYNER: SO UNDER THE FACTS YOU PRESENTED, I
THINK THE COURT WOULD LOOK AT, YOU KNOW, ALL OF THE RELEVANT
CIRCUMSTANCES THAT YOU SAID. WAS THERE QUESTIONING OF THE POLICE OR
WAS THIS IS A VOLUNTARY STATEMENT, AND THAT WOULD BE UP FOR THE JUDGE TO
DECIDE IN TERMS OF, YOU KNOW, WAS THIS IS A VOLUNTARY STATEMENT OR NOT.
BUT AGAIN, THIS LAW IS GOING TO MANDATE THAT ONCE THE CHILD IS IN
CUSTODY, CONSULTATION WITH AN ATTORNEY IS MANDATED.
MR. REILLY: OKAY. IS THERE ANY, I GUESS,
CLEARINGHOUSE OF JUVENILE ATTORNEYS THAT WILL BE ON-CALL WHEN POLICE
OFFICERS IN -- THROUGHOUT THE STATE ARE GOING TO HAVE TO, YOU KNOW,
PROVIDE AN OPPORTUNITY FOR THAT CONSULTATION? AND IF THERE'S NONE
AVAILABLE, WHAT HAPPENS?
MS. JOYNER: AGAIN, YOU KNOW, THIS BILL IS
MANDATING THAT CONSULTATION WITH AN ATTORNEY MUST HAVE HAPPEN. OCA
BELIEVES THAT THEY CAN FULFILL THIS OBLIGATION SO YES, IN ALL OF THESE
CIRCUMSTANCES WHERE AN ATTORNEY MUST BE PRESENT AND, AGAIN, WE LAY
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OUT, YOU KNOW, DIFFERENT OPTIONS FOR ATTORNEYS PRESENCE TO BE ALLOWED.
YOU KNOW, WE -- THERE WILL BE FUNDING TO SUPPORT THIS INITIATIVE.
MR. REILLY: OKAY. AND ANOTHER -- IN LINE 7 IN SUB
B IN HERE IT SAYS, WHEN THE OFFICER DOES NOT REASONABLY BELIEVE THE
PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR THE CHILD'S CARE WILL
APPEAR FOR THE CHILD. WHEN WE SAY "REASONABLY BELIEVE," ARE -- WHAT
STANDARDS ARE WE USING? DOES IT HAVE TO BE A CERTAIN AMOUNT OF PHONE
CALLS? IS THAT BASED ON CASE LAW? HOW MANY ATTEMPTS, WHAT WOULD WE
USE FOR THAT?
MS. JOYNER: I GUESS, YOU KNOW, IT WOULD BE BASED
ON WOULD A REASONABLE OFFICER BELIEVE THAT A PARENT WOULD APPEAR OR
NOT. SO THAT'S OPEN. IF THE PARENT DOESN'T PICK UP OR, YOU KNOW, SEEING
THAT THEY'RE WORKING, THAT -- THAT I BELIEVE WOULD BE ON THE DISCRETION
OF THE POLICE OFFICER AS TO WHETHER OR NOT THE PARENT WOULD APPEAR.
MR. REILLY: OKAY, ALL RIGHT. SO EARLIER DURING THE
DEBATE WITH OUR COLLEAGUE, THERE WAS A CONVERSATION ABOUT CAN THE
JUVENILE WAIVE THEIR RIGHT TO THROUGH MIRANDA AFTER THEY'VE HAD A
CONSULTATION WITH THE ATTORNEY. I BELIEVE, IF I'M NOT MISTAKEN, YOU SAID
THAT THEY COULD?
MS. JOYNER: YES.
MR. REILLY: SO THE REASON WHY I ASK THAT IS
BECAUSE I THOUGHT ONCE THEY INVOKE THE RIGHT TO AN ATTORNEY, AS A LAW
ENFORCEMENT AGENT RIGHT THERE QUESTIONING HAD TO STOP AND AT THAT
POINT, IF THEIR ATTORNEY WAS NOT PRESENT, THEY COULD NOT WITHDRAW THAT
RIGHT. SO IS THERE ANYTHING THAT -- CAN YOU RECITE ANY, BECAUSE AREN'T
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THEY INVOKING THE RIGHT TO AN ATTORNEY THERE WITH THAT CONSULTATION?
MS. JOYNER: SO YES, THE BILL DOESN'T CHANGE ANY
CURRENT CONSTITUTIONAL PROTECTIONS SO YES, YOU HAVE THE RIGHT TO AN
ATTORNEY. THIS IS ALSO ADDING THE PROVISION THAT YOU HAVE THE RIGHT TO
CONSULT AN ATTORNEY. AFTER CONSULTATION, IT'S UP TO THE YOUTH WHETHER OR
NOT THEY WANT TO WAIVE THEIR RIGHTS AND CONTINUE SPEAKING OR, YOU
KNOW, THEY WANT TO -- THEY WANT TO INVOKE THEIR RIGHT TO REMAIN SILENT.
MR. REILLY: OKAY. AND I JUST WANT TO CLARIFY,
BEFORE, YOU SAID THE PARENTS CAN'T WAIVE THEIR RIGHT.
MS. JOYNER: NO, THEY CANNOT.
MR. REILLY: ALL RIGHT. THANK YOU, MS. JOYNER.
MS. JOYNER: THANK YOU.
MR. REILLY: THANK YOU, MR. SPEAKER.
ACTING SPEAKER ZEBROWSKI: MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. WOULD THE SPONSOR
YIELD?
ACTING SPEAKER ZEBROWSKI: DOES THE
SPONSOR YIELD?
MS. JOYNER: YES.
ACTING SPEAKER ZEBROWSKI: THE SPONSOR
YIELDS.
MR. GOODELL: THANKS, MS. JOYNER. I'M LOOKING
AT THE TOP OF PAGE 3. AS I UNDERSTAND THIS, IT SAYS THAT AN OFFICER
NORMALLY CAN'T QUESTION A CHILD ABOUT A CRIME UNLESS THEY CONTACT THE
CHILD'S PARENTS OR GO THROUGH THAT PROCESS THAT YOU DESCRIBED EARLIER; IS
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THAT CORRECT?
MS. JOYNER: RIGHT.
MR. GOODELL: AND THAT APPLIES EVEN IF THE CHILD
IS NOT CONSIDERED A SUSPECT?
MS. JOYNER: IF THEY'RE NOT CONSIDERED -- WHAT DO
YOU MEAN?
MR. GOODELL: A SUSPECT, THEY'RE JUST A WITNESS.
MS. JOYNER: IF THEY'RE NOT IN CUSTODY AND THEY'RE
JUST A WITNESS, YES, QUESTIONING CAN HAPPEN.
MR. GOODELL: AND THEN AT WHAT POINT DOES THAT
CHANGE?
MS. JOYNER: WHEN THE -- THE CHILD FEELS LIKE THEY
CANNOT LEAVE.
MR. GOODELL: I'M SORRY?
MS. JOYNER: WHEN THEY ARE IN CUSTODY AND THEY
FEEL LIKE THEY CANNOT LEAVE.
MR. GOODELL: WHEN THEY'RE IN CUSTODY?
MS. JOYNER: YES.
MR. GOODELL: SO LET ME JUST GIVE SOME QUICK
EXAMPLES, MAYBE YOU CAN HELP ME OUT. POLICE RESPOND TO A SHOOTING
IN NEW YORK CITY, THEY ARRIVE, THERE'S A DEAD PERSON ON THE STREET AND
THERE ARE A COUPLE OF YOUNG TEENAGERS, CLEARLY WITNESSES, COULD BE
SUSPECT, BUT OFFICERS OBVIOUSLY ARRIVE AND DON'T KNOW, AND THE OFFICERS
QUESTION THE KIDS.
MS. JOYNER: OKAY, YEAH. SO IF THEY ARE A WITNESS,
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QUESTIONING IS PERMISSIBLE, WHICH IS ALREADY ALLOWED UNDER CURRENT
LAW. ONCE THEY ARE A SUSPECT OR, YOU KNOW, TRANSITIONED INTO THEIR --
THEY CANNOT LEAVE AND THEY'RE IN CUSTODY, THAT'S WHEN ALL OF THESE OTHER
ADDITIONAL SAFEGUARDS AND PROTECTIONS WOULD BE IMPLICATED. SO THIS
DOESN'T INTERFERE WITH ANY INVESTIGATORY PROCESS THAT HAPPENS IN THE
BEGINNING. IT'S ONLY AFTER THE CHILD IS A SUSPECT OR HELD IN CUSTODY THAT
THEN THESE ADDITIONAL RIGHTS ARE MANDATED.
MR. GOODELL: WELL, THE REASON I'M A LITTLE
CONFUSED IS IF YOU'RE LOOKING AT PAGE 3, SAY STARTING ON LINE 9, IT SAYS,
THE CHILD SHALL NOT BE QUESTIONED PURSUANT TO THIS SECTION UNLESS OR
UNTIL A, THE CHILD AND THE PERSON REQUIRED TO BE NOTIFIED, IF PRESENT,
HAVE BEEN ADVISED, RIGHT? THE CHILD'S BEEN ADVISED OF THE RIGHT TO
REMAIN SILENT, RIGHT? YOU HAVE BASICALLY A MIRANDA WARNING, A
STATEMENT MADE BY THE CHILD MAY BE USED BY THE CHILD, A CHILD'S RIGHT
TO HAVE AN ATTORNEY PRESENT, A CHILD HAS CONSULTED AND B, THE CHILD HAS
CONSULTED WITH LEGAL COUNSEL IN PERSON, BY TELEPHONE, BY VIDEO
CONFERENCE. THIS CONSULTATION MAY NOT BE WAIVED, CORRECT?
MS. JOYNER: THAT'S CORRECT.
MR. GOODELL: ALL RIGHT, SO NOW WITH THOSE THINGS
IN MIND, INCLUDING THE ABSOLUTE RIGHT FOR A CHILD TO HAVE LEGAL COUNSEL
IN PERSON BEFORE THEY CAN BE QUESTIONED, IF YOU GET A CALL ON A SCHOOL
SHOOTING AND YOU SHOW UP AND YOU HAVE A ROOM FULL OF 15-YEAR-OLD
KIDS WHO WITNESSED A SCHOOL SHOOTING, AM I CORRECT THAT YOU CAN'T
QUESTION THEM UNTIL YOU GIVE ALL THE CHILDREN A MIRANDA RIGHT AND GIVE
THEM THE OPPORTUNITY TO HAVE A LAWYER?
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MS. JOYNER: NO, THAT'S NOT CORRECT.
MR. GOODELL: WELL, WHAT DO YOU MEAN THEN BY
PAGE 7, LINE 20? IT SAYS, A CHILD MAY NOT BE QUESTIONED UNLESS OR UNTIL,
ON PARAGRAPH B ON LINE 20, THE CHILD HAS CONSULTED WITH LEGAL COUNSEL
IN PERSON.
MS. JOYNER: RIGHT. SO THIS -- THE SECTIONS YOU'RE
READING KICK IN ONLY AFTER THERE'S BEEN AN IDENTIFIABLE CHILD THAT HAS
BEEN TAKEN INTO CUSTODY. THAT'S THE READING OF THIS PIECE OF LEGISLATION.
SO IT'S NOT TAKEN IN ISOLATION, IT'S AFTER THE CHILD IS ALREADY IN CUSTODY,
THEN THESE PROVISIONS KICK IN.
MR. GOODELL: BUT ISN'T IT TRUE THAT THE COURTS
CONSIDER A CHILD IN CUSTODY WHENEVER THE CHILD CANNOT FREELY LEAVE?
MS. JOYNER: SECTION 305 OF THE FAMILY COURT ACT
LAYS OUT, YOU KNOW, WHEN A CHILD IS IN CUSTODY OR NOT.
MR. GOODELL: I'M SORRY?
MS. JOYNER: SECTION 305 OF THE FAMILY COURT ACT,
IT LAYS OUT THE FACTORS TO DETERMINE WHETHER A CHILD IS TAKEN INTO
CUSTODY.
MR. GOODELL: BUT A CHILD IS CONSIDER IN CUSTODY
IF THE CHILD IS NOT FREE TO LEAVE.
MS. JOYNER: CORRECT.
MR. GOODELL: AND SO IF AN OFFICER SHOWS UP AT A
PLACE AND CRIME SCENE, YOU KNOW, LIKE IN TEXAS, AND THE POLICE
OFFICERS SAY, WE WANT TO QUESTION YOU, AND NO, YOU CAN'T LEAVE UNTIL
WE'VE HAD A CHANCE TO TALK TO YOU. THEN THE CHILDREN ARE CONSIDERED IN
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NYS ASSEMBLY JUNE 1, 2022
CUSTODY, CORRECT?
MS. JOYNER: SO AT THAT POINT, THEY'RE ALL WITNESSES
SO QUESTIONING CAN BE PERMISSIBLE, BUT ONCE THERE'S AN IDENTIFIABLE
PERSON THAT IS GOING TO BE HELD IN CUSTODY, THAT'S WHEN ALL THESE OTHER
PROVISIONS KICK IN.
MR. GOODELL: AND SO THE POLICE ARRIVE, THEY HAVE
ALL THESE KIDS, IT'S ABSOLUTE CHAOS, THEY SAY, DON'T LET ANYONE LEAVE UNTIL
WE HAVE A CHANCE TO TALK TO YOU, THEY TALK TO ONE OF THE KIDS AND THE
KID SAID, YEAH, I SHOT EVERYONE ELSE. NOW, THAT STATEMENT UNDER THIS
ISN'T INADMISSIBLE BECAUSE HE WASN'T GIVEN HIS MIRANDA RIGHTS, HE
WASN'T GIVEN AN OPPORTUNITY TO HAVE A LAWYER, RIGHT?
MS. JOYNER: IF IT'S VOLUNTARY AND BEFORE CUSTODY,
IT'S PERMISSIBLE. AND THE CURRENT LAW OF ALLOWING EXIGENT
CIRCUMSTANCES AND EMERGENCY CIRCUMSTANCES STILL ALLOW THE POLICE
OFFICERS TO ASK QUESTIONS.
MR. GOODELL: OKAY. SO NOW THE OFFICERS SAY,
WELL, WE'D LIKE YOU TO COME TO THE STATION AND GIVE A STATEMENT, RIGHT.
THEY CAN'T TAKE THE CHILD TO THE STATION, CORRECT, WITHOUT -- THEY HAVE TO
TAKE INSTEAD TO THE CHILD'S HOME, CORRECT?
MS. JOYNER: NO, THAT'S NOT CORRECT. YES, PARENTAL
NOTIFICATION, BUT IF IT'S AN EXIGENT CIRCUMSTANCE THEY CAN TRANSPORT THE
CHILD BUT, YOU KNOW, HOPEFULLY THEY WOULD NOTIFY THE PARENTS THAT ARE
TRANSPORTING THE CHILD FROM THE LOCATION.
MR. GOODELL: BUT BEFORE THEY TAKE THE CHILD TO
THE POLICE STATION FOR QUESTIONING OR FOR VIDEOTAPING, RIGHT, BECAUSE WE
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ALL WANT THESE VIDEOTAPED, THEY MUST IMMEDIATELY AND BEFORE
TRANSPORTING THE CHILD NOTIFY THE PARENTS, CORRECT?
MS. JOYNER: YES.
MR. GOODELL: OKAY. SO YOU HAVE POLICE -- SO WE
KNOW YOU HAVE TO VIDEOTAPE THESE, RIGHT, THAT'S PART OF THE LAW NOW.
MS. JOYNER: YES.
MR. GOODELL: AND OF COURSE THE POLICE DON'T
COME WITH A MOBILE VIDEO VAN, RIGHT, THEY DO THAT IN THE POLICE STATION
WHERE THEY HAVE THE PROPER EQUIPMENT, CORRECT?
MS. JOYNER: I'M SORRY, CAN YOU REPEAT THE
QUESTION?
MR. GOODELL: CERTAINLY. I MEAN, THE POLICE DON'T
DRIVE AROUND WITH LARGE MOBILE VIDEO CONFERENCING ROOMS, RIGHT, SO
THEY WOULD HAVE TO, UNDER EXISTING LAW, TAKE THEM TO THE STATION IN
ORDER TO VIDEOTAPE THE IN-QUESTION, CORRECT?
MS. JOYNER: THAT'S CORRECT.
MR. GOODELL: AND SO YOU SHOW UP TO SCHOOL,
THERE'S BEEN A MASS SHOOTING, YOU WANT TO GET ALL THE KIDS' STATEMENTS
DOWN ON THE RECORD, YOU WANT TO VIDEOTAPE THEM. NUMBER ONE, YOU
CAN'T TAKE THEM TO THE STATION WITHOUT NOTIFYING THEIR PARENTS, CORRECT?
MS. JOYNER: RIGHT. SO PARENTAL NOTIFICATION IS
REQUIRED, BUT THE EXCEPTIONS OF EXIGENT CIRCUMSTANCES ARE ALSO -- I
WOULD SAY TRUMP PARENTAL NOTIFICATION.
MR. GOODELL: OKAY. AND THEN -- BUT ASSUMING,
YOU KNOW, THAT THE SITUATION -- I MEAN, THERE'S NO ACTIVE SHOOTER SO IT'S
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NOT EXIGENT CIRCUMSTANCES ANYMORE. THEN BEFORE YOU TAKE THEM DOWN
TO HAVE THEM INTERVIEWED, YOU HAVE TO NOTIFY THE PARENTS, YOU HAVE TO
GIVE THEM MIRANDA RIGHTS, RIGHT, YOU HAVE TO PROVIDE THEM WITH AN
ATTORNEY, RIGHT, AND ANYTHING THAT THEY DO, VIDEOTAPING, IF IT WASN'T
DONE WITH AN ATTORNEY IN ADVANCE IS INADMISSIBLE, CORRECT?
MS. JOYNER: CORRECT.
MR. GOODELL: OKAY. I THINK I UNDERSTAND IT.
THANK YOU VERY MUCH FOR HELPING EXPLAIN IT TO ME.
SIR, ON THE BILL.
ACTING SPEAKER ZEBROWSKI: ON THE BILL.
MR. GOODELL: WE HAVE ALL BEEN SHAKEN BY THE
AMOUNT OF VIOLENCE THAT WE HAVE SEEN ACROSS THE NATION IN THE LAST FEW
WEEKS AND, SADLY, IF YOU LOOK AT THE DATA, A LOT OF THE FBI DATA
INDICATES THAT -- WELL, THE LAST DATA I SAW WERE THAT 33 OF THE SCHOOL
SHOOTINGS INVOLVED KIDS THAT WERE UNDER THE AGE OF 18, 17,
16-YEAR-OLDS, 15-YEAR-OLDS. AND IT'S JUST HORRIFIC WHEN THAT HAPPENS,
RIGHT? SO IF YOU HAVE A GANG SHOOTING AT A PARTY OR SOMETHING LIKE
THAT, CURRENT LAW REQUIRES THE POLICE TO VIDEOTAPE THE INTERVIEW OF THE
CHILD. SO THEY SHOW UP AND BEFORE THEY CAN TAKE THEM TO THE STATION TO
VIDEOTAPE THEM AND GET THE WITNESS'S TESTIMONY, THEY MUST NOTIFY THE
PARENTS. AND IF IT WAS A GANG FIGHT, WHAT DO YOU THINK THE PARENTS ARE
GOING TO SAY TO THE CHILD? ARE THEY GOING TO SAY, YEAH, IDENTIFY THE
GANG MEMBER WHO PULLED THE TRIGGER AND SHOT THREE OF YOUR FRIENDS.
THAT'S NOT WHAT'S GOING TO HAPPEN. THE PARENTS ARE GOING TO SAY TO
THEIR KID, YOU KEEP YOUR MOUTH SHUT OR YOU MIGHT BE THE NEXT VICTIM.
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AND IF YOU DON'T THINK THAT HAPPENS, TALK TO THE POLICE IN NEW YORK
CITY AND ASK THEM HOW MUCH COOPERATION THEY HAVE WITH WITNESSES
AFTER THEIR PARENTS TALK TO THEM AND AFTER THEY LAWYERED UP.
ARE WE SERIOUS ABOUT STOPPING VIOLENCE? DO WE WANT
TO SOLVE THESE CRIMES? DO WE WANT THE POLICE TO BE ABLE TO RESPOND TO
A SCHOOL SHOOTING AND TALK TO THE KIDS? OR ARE WE MORE CONCERNED
ABOUT MAKING SURE THE PARENTS TELL THE KIDS TO SHUT UP AND DON'T GET
INVOLVED? ARE WE MORE CONCERNED ABOUT MAKING SURE THAT THESE KIDS
HAVE LAWYERS? BECAUSE THAT'S WHAT THIS BILL DOES.
I'M NOT GOING TO HAVE THAT BLOOD ON MY HAND, AND I
HOPE YOU WON'T HAVE IT ON YOUR HANDS EITHER. OUR NUMBER ONE MISSION
IS NOT TO MAKE SURE THAT CHILD WITNESSES ARE LAWYERED UP. THAT'S NOT
OUR MISSION. OUR MISSION IS TO REDUCE CRIME, TO REDUCE DEATHS, TO FIND
OUT WHO THE PERPETRATORS ARE, TO GET TO THE TRUTH, AND THIS MAKES IT
HARDER, NOT EASIER. FOR THAT REASON, I CANNOT SUPPORT IT.
ACTING SPEAKER ZEBROWSKI: MR. TANNOUSIS.
ON THE BILL.
MR. TANNOUSIS: YOU KNOW, MY TIME AS A
PROSECUTOR IN BOTH THE BRONX AND ON STATEN ISLAND, I HAVE DEALT WITH
SHOOTING VICTIMS WITH WITNESSES, BODIES ON THE STREET, CHILD WITNESSES,
CHILD VICTIMS, AND IT WAS A STRUGGLE TO GET THEM TO COOPERATE IN ORDER
FOR US TO GET THE BAD GUYS, THE PEOPLE RESPONSIBLE FOR THESE ACTS OFF THE
STREET. AND THIS BODY CONTINUES TO HAVE THE ASSUMPTION THAT THE POLICE
ARE VIOLATING OR PURPOSELY VIOLATE PEOPLE'S RIGHTS. THEY ARE TRYING TO
DO THE RIGHT THING AND LAWS LIKE THIS WILL HINDER THE POLICE OFFICERS
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FROM BEING ABLE TO CARRY OUT THESE INVESTIGATIONS SO THEY CAN DO THEIR
PART TO KEEP OUR STREETS SAFE.
WE JUST WENT THROUGH A BUDGET PROCESS A FEW MONTHS
AGO AND WE SAT HERE AND WE TALKED ABOUT THE FACT THAT 16- AND
17-YEAR-OLDS ARE BEING USED BY GANG MEMBERS TO CARRY OUT CRIMES.
AND INSTEAD OF PASSING ANY TYPE OF SUBSTANTIVE LEGISLATION THAT WOULD
GO AFTER THE PEOPLE THAT ARE HARMING OUR COMMUNITIES, WE ARE NOW
PASSING BILLS THAT WILL MAKE IT MORE DIFFICULT FOR POLICE OFFICERS TO DO
THEIR JOBS. WE ARE MORE CONCERNED WITH THE ASSUMPTION THAT THE POLICE
IS OUT THERE VIOLATING PEOPLE'S RIGHTS AND NOT DOING THE RIGHT THING
INSTEAD OF ADEQUATELY PROTECTING OUR COMMUNITY. I HAVE DEALT WITH
MEMBERS OF THE POLICE DEPARTMENT. THE VAST MAJORITY OF POLICE
OFFICERS ARE WITH US, SERVING THEIR COMMUNITY TO DO THE RIGHT THING.
AND WE NEED THEM. WE NEED POLICE TO DO THE RIGHT THING AND TO WORK
WITH US, NOT MAKE THEIR JOBS MORE DIFFICULT. I VOTE IN THE NEGATIVE.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER ZEBROWSKI: MRS.
PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER, FOR THE OPPORTUNITY TO -- I WAS ACTUALLY GOING TO ASK THE
SPONSOR SOME QUESTIONS, BUT I DON'T THINK I WILL AFTER I LISTENED TO THE
LAST COUPLE OF MY COLLEAGUES' COMMENTS BECAUSE IT ALWAYS APPEARS AS
IF IN OUR EFFORTS OF TRYING TO PROTECT PEOPLE THAT WE'RE SOMEHOW GOING
AGAINST OTHER PEOPLE. THAT'S NOT THE CASE HERE. AND JUST TO, YOU KNOW,
MAKE PEOPLE UNDERSTAND HOW IMPORTANT IT IS NOT TO PROTECT PEOPLE JUST
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NYS ASSEMBLY JUNE 1, 2022
BECAUSE THEY HAVE A TITLE, I'M GOING TO USE THE EXAMPLE OF JUST WHAT
HAPPENED IN BUFFALO. THERE'S A FBI AGENT WHO WAS ON A CALL 30
MINUTES WITH THIS MURDEROUS YOUNG MAN WHO COULD HAVE ALERTED
PEOPLE. HE SWORE AND PROTECT, AND HE MIGHT BE RETIRED, BUT HE TOOK AN
OATH. HE SAID NOTHING. THAT'S NOT TO SAY ALL FBI AGENTS ARE BAD, BUT IT
IS TO SAY THAT THEY'RE PEOPLE, THEY'RE HUMAN AND SOMETIMES THEY DO THE
WRONG THING.
AND IN THE SAME INSTANCE, THERE'S A CORRECTION OFFICER
WHO WENT ONLINE AND ALMOST APPLAUDED THIS YOUNG MAN FOR HIS
MURDEROUS THINGS THAT HE DID AT THAT SUPERMARKET. WE PAY HIM WITH
PUBLIC TAX DOLLARS. SO DON'T TRY TO PROTECT EVERYBODY THAT'S SUPPOSED TO
BE A PUBLIC DEFENDER, BECAUSE THEY'RE ALL NOT. LET'S JUST BE ANALYSTS,
LET'S JUST BE OBJECTIVE. THE SPONSOR HERE IS TRYING TO PROTECT YOUNG
PEOPLE, WHETHER IT BE FROM THEIR FAMILY, OR WHETHER IT BE FROM THE
PUBLIC SERVANTS WHO ARE SUPPOSED TO BE WORKING TO DEFEND THEM.
DON'T TRY TO JUDGE THEM ALL AS IF THEY'RE PERFECT BECAUSE THEY ARE NOT,
SOME OF THEM ARE NOT. AND, BY THE WAY, JUST LIKE YOU CAN FIND PEOPLE
WHO WILL ON THE STREET AND BE GANG BANGERS, YOU CAN FIND PEOPLE IN THE
CORRECTION INSTITUTION THAT PROMOTE THAT, THAT PUSH IT, THAT AGITATOR.
AND SO PLEASE, LET US STOP TRYING TO PROTECT PEOPLE
WHO ARE NOT ALWAYS RIGHT. JUST BECAUSE YOU HAVE THE TITLE AND PERHAPS
EVEN THE SKIN COMPLEXION DOESN'T MAKE YOU FREAKING PERFECT. PLEASE,
LET'S STOP TRYING TO ACT LIKE IT DOES.
LET ME CONGRATULATE THE SPONSOR ON HER PIECE OF
LEGISLATION AND HOPE THAT WE CAN MOVE FORWARD IN A WORLD THAT DOESN'T
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NYS ASSEMBLY JUNE 1, 2022
ALWAYS MAKE US RIGHT BECAUSE WE'VE HAD SOME PREVIOUS EXPERIENCE
WITH LAW ENFORCEMENT OR WITH OUR BUDDIES WHO WORK IN -- WHO HAVE
ALL TAKEN A PUBLIC OATH. WE TOOK A PUBLIC OATH, TOO, AND OUR PUBLIC
OATH DIDN'T SAY WE'RE GOING TO ONLY PROTECT PEOPLE WHO HAVE A BADGE,
OR ONLY PROTECT PEOPLE WHO ARE SWORN TO AN OATH, OR ONLY PROTECT
PEOPLE WHO WEAR THEIR UNIFORM ON. IT SAYS WE'RE GOING TO PROTECT ALL
PEOPLE, AND THESE CHILDREN THAT SHE'S TALKING ABOUT NEED PROTECTION.
LET'S MAKE THAT HAPPEN. THANK YOU, MR. SPEAKER.
(APPLAUSE)
ACTING SPEAKER ZEBROWSKI: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT APRIL 1ST,
2023.
ACTING SPEAKER ZEBROWSKI: THE CLERK WILL
RECORD THE VOTE ON ASSEMBLY BILL 5891-C. THIS IS A PARTY VOTE. ANY
MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE
POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE
NUMBERS PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE IS GENERALLY NOT IN FAVOR OF THIS LEGISLATION. THOSE WHO
SUPPORT IT ARE CERTAINLY ENCOURAGED TO VOTE YES HERE ON THE FLOOR OR BY
CONTACTING THE MINORITY LEADER'S OFFICE. THANK YOU, SIR.
ACTING SPEAKER ZEBROWSKI: MRS.
PEOPLES-STOKES.
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MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. MAJORITY COLLEAGUES ARE GENERALLY GOING TO BE IN FAVOR OF
THIS; HOWEVER, THERE MAY BE SOME OF US WHO WOULD CHOOSE TO BE AN
EXCEPTION. THAT'S OKAY, CALL THE MAJORITY LEADER'S OFFICE, WE'LL BE
HAPPY TO RECORD YOUR VOTE, OR IF YOU'RE IN THE CHAMBERS, PRESS YOUR
OWN VOTE. THANK YOU, MR. SPEAKER.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER ZEBROWSKI: MR. ANGELINO
TO EXPLAIN HIS VOTE.
MR. ANGELINO: THANK YOU, MR. SPEAKER, TO
EXPLAIN MY VOTE. THIS -- I LISTENED VERY INTENTLY TO ALL OF THIS AND THIS
SEEMS TO BE A BILL THAT IS GOING TO MAYBE WORK AND MAYBE WORK WELL IN
A METROPOLITAN AREA, BUT THERE'S PROBABLY POLICE STATIONS IN THE BRONX
THAT ON ANY PARTICULAR SHIFT HAVE MORE PEOPLE CALLING IN SICK THAN WE
HAVE WORKING IN THE ENTIRE COUNTY THAT I LIVE IN, AND ANY OF THE
COUNTIES I REPRESENT. THIS ISN'T GOING TO BE WORKABLE WHEN YOU HAVE
ONE OFFICER WORKING AND THE NEAREST BACKUP CAR IS ANOTHER AGENCY 16
MILES AWAY. I HAVE BEEN ON THE SCENES WHERE IT'S HECTIC, AND ONE
OFFICER, ONE CAR, AND SIX PEOPLE.
AND AGAIN, IT'S NOT SPECIFICALLY THIS ONE. THIS IS
LOOKING OUT FOR THE RIGHTS OF PEOPLE, I GET THAT, AND -- BUT IT'S JUST NOT
WORKABLE. EVEN SOME OF THE ONES THAT WERE BROUGHT UP IN THE DEBATE,
YOU KNOW, THE VIDEOTAPING, I'VE HAD PEOPLE HANDCUFFED TO BALL RINGS IN
THREE DIFFERENT LOCATIONS TRYING TO OPERATE VIDEO EQUIPMENT, AND I'LL BE
WORKING THIS SATURDAY UNLESS WE'RE STILL HERE IN SESSION AND I WOULD
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ASK ANYBODY TO COME SEE WHAT IT'S LIKE TO BE A ONE-MAN DEPARTMENT, OR
A SMALL AGENCY WITH ONLY TWO OR THREE OFFICERS WORKING. IT'S VERY
DIFFICULT AND THIS IS NOT GOING TO MAKE IT EASIER.
FOR THOSE REASONS, BECAUSE IT SEEMS LIKE POLICE
AGENCIES ALL OVER NEW YORK STATE ARE NOT NEW YORK CITY POLICE, FOR
THOSE REASONS I'LL BE VOTING NO. THANK YOU.
ACTING SPEAKER ZEBROWSKI: MR. ANGELINO
IN THE NEGATIVE.
MR. REILLY TO EXPLAIN HIS VOTE.
MR. REILLY: THANK YOU, MR. SPEAKER, TO EXPLAIN
MY VOTE. SO WE HAD A LOT DISCUSSED DURING THE DEBATE, THERE'S A LOT OF
AMBIGUITY HERE. I'M A LITTLE CONCERNED WITH THE WHOLE CONSULTATION
WITH AN ATTORNEY. AND THEN DURING THE DEBATE WE'VE TALKED ABOUT THE
PART OF BEING ABLE TO -- FOR THE CHILD TO WAIVE THAT RIGHT AFTER THAT
CONSULTATION. I THINK THAT CREATES A VERY GRAY AREA HERE WHERE ONCE
THEY'VE INVOKED THEIR RIGHT TO AN ATTORNEY BY THAT CONSULTATION, BECAUSE
I THINK THAT'S SOMETHING THAT'S GOING TO BE CHALLENGED IN COURT TO SEE IF
THAT TRULY IS A, YOU KNOW, THEM INVOKING THEIR RIGHT TO AN ATTORNEY.
AND THEN ONCE THEY HANG UP AFTER THAT CONSULTATION, CAN THEY WAIVE
THAT RIGHT TO TALK TO THE POLICE DURING INTERROGATION? I THINK THAT'S A
SLIPPERY SLOPE AND I THINK IT'S GOING TO BE CHALLENGED, BECAUSE ANYTHING
THEY WOULD SAY PROBABLY WOULD BE DISMISSED, IN MY OPINION, BECAUSE
DURING MY TRAINING IT WAS ONCE THEY INVOKE THE RIGHT TO AN ATTORNEY, ALL
QUESTIONING STOPPED NO MATTER WHAT. SO I THINK THIS IS SOMETHING THAT
REALLY NEEDS TO BE WORKED OUT AND I'M GOING TO BE VOTING IN THE
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NEGATIVE. THANK YOU.
ACTING SPEAKER ZEBROWSKI: MR. REILLY IN
THE NEGATIVE.
MS. WALSH TO EXPLAIN HER VOTE.
MS. WALSH: THANK YOU, MR. SPEAKER. SO I WANT TO
THANK THE SPONSOR FOR THE DEBATE THAT WE WERE ABLE TO HAVE. IT WAS -- IT
WAS VERY DETAILED. YOU HANDLED THE QUESTIONS I THOUGHT, YOU KNOW,
VERY WELL. I FEEL THAT THE BILL, IN MY OPINION, STILL NEEDS SOME MORE
WORK. WHAT -- IN REGARD TO WHAT THE PREVIOUS SPEAKER AND WHAT HE
SAID, I'M AN ATTORNEY FOR THE CHILD. I HAVE REPRESENTED JUVENILE
DEFENDANTS. I CAN TELL YOU THAT IN MY COUNTY, THE AFC PANEL IS
DWINDLING. YOU CANNOT GET ATTORNEYS WHO WANT TO BE ON THE AFC
PANEL ANYMORE AND THE REASON IS THAT THE PAY STINKS, THE PAY'S TERRIBLE.
AND THIS BODY, THERE WAS A BIG PUSH FROM THE AFC, THE OFFICE OF
ATTORNEYS FOR CHILDREN THIS YEAR DURING BUDGET TO TRY TO BASICALLY
DOUBLE THE HOURLY RATE AND IT DIDN'T MAKE IT INTO THE BUDGET. AND
ATTORNEYS FOR THE CHILD ARE SAYING, YOU KNOW, I CAN DO -- I CAN DO
MATRIMONIAL WORK AND MAKE $350-$400 AN HOUR, EVEN UPSTATE, OR I
CAN MAKE $75 AN HOUR AS AN ATTORNEY FOR THE CHILD. AND THEY'RE
SAYING, I'M NOT DOING IT, THEY'RE NOT ON THE PANEL.
SO WE CAN'T EVEN IN MY COUNTY FIGURE OUT AND HANDLE
CENTRALIZED ARRAIGNMENTS YET. SO WE'RE NOT PREPARED. I KNOW -- I
RESPECT THE FACT THAT THE SPONSOR SAID THAT THERE WILL BE FUNDING TO
SUPPORT AFCS. I'D LIKE TO SAY WHEN? YOU KNOW, WHEN IS THAT GOING TO
HAPPEN BECAUSE RIGHT NOW, IF, YOU KNOW, REQUIRING A CONSULTATION WITH
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AN ATTORNEY WHO DOESN'T EXIST IS NOT -- IS NOT A SOLUTION HERE. SO I THINK
THAT THAT NEEDS TO GET FIGURED OUT BEFORE WE PUT SOMETHING THIS BIG INTO
PLACE.
I DON'T WANT TO SEE ANYBODY'S RIGHTS GETTING TRAMPLED
EVER, BUT I'M NOT PREPARED TO VOTE FOR THIS BILL NOW. I JUST THINK IT
NEEDS SOME MORE WORK. BUT I DO THANK THE SPONSOR FOR HER -- FOR HER
WORK ON THE BILL. I DO THINK IT'S AN IMPROVED VERSION, BUT I'M NOT READY
TO VOTE FOR IT YET. I VOTE NO. THANK YOU.
ACTING SPEAKER ZEBROWSKI: MS. WALSH IN
THE NEGATIVE.
MR. MEEKS TO EXPLAIN HIS VOTE.
MR. MEEKS: THANK YOU, MR. SPEAKER, FOR THE
OPPORTUNITY TO EXPLAIN MY VOTE. I WANT TO SAY THANK YOU TO THE SPONSOR
FOR THIS LEGISLATION. I THINK IT IS HIGHLY RELEVANT. ONE OF OUR COLLEAGUES
STATED THAT EVERYWHERE IS NOT NEW YORK CITY; YOU'RE ABSOLUTELY RIGHT.
THERE'S ROCHESTER, THERE'S SYRACUSE, THERE'S BUFFALO AND A NUMBER OF
OTHER PLACES IN BETWEEN. I ONLY WISH THAT I HAD A COMMUNITY IN WHICH
WE HAD THREE LAW ENFORCEMENT OFFICERS BECAUSE IT'S LIKELY THAT THOSE
THREE INDIVIDUALS WOULD KNOW EVERY FAMILY AND EVERY RELATIVE WITHIN
THOSE FAMILIES; HOWEVER, I DON'T LIVE IN THAT TYPE OF COMMUNITY. WE
LIVE IN A COMMUNITY WHERE WE HAVE 7- TO 800 POLICE OFFICERS AND 4
PERCENT LIVE IN THE CITY IN WHICH THEY WORK IN. WE CONSTANTLY SEE THE
TAX BASE AS IT RELATES TO THE RESOURCES THAT WE PAY AS TAXPAYERS TAKING
FLIGHT TO THE SURROUNDING SUBURBS. WE ALSO SEE A PRACTICE OF AN
OCCUPYING FORCE COMING IN, TREATING US AS IF WE'RE INSURGENTS. SO I
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THINK THAT OUR CHILDREN AND MEMBERS OF OUR COMMUNITY NEED TO KNOW
THEIR RIGHTS AND THEIR RIGHTS NEED TO BE UPHELD AND WE, AS LEGISLATORS,
NEED TO DO OUR DUE DILIGENCE IN DOING SO. THANK YOU.
ACTING SPEAKER ZEBROWSKI: MR. MEEKS IN
THE AFFIRMATIVE.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, WOULD YOU
PLEASE RECORD OUR COLLEAGUE MR. COLTON IN THE NEGATIVE ON THIS ONE.
THANK YOU, SIR.
ACTING SPEAKER ZEBROWSKI: SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER AND MY
COLLEAGUES, IF WE COULD NOW CALL OUR ATTENTION TO CALENDAR NO. 631 BY
MS. TAPIA, FOLLOWED BY RULES REPORT NO. 458 BY MR. JACOBSON.
ACTING SPEAKER ZEBROWSKI: PAGE 47,
CALENDAR NO. 631, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A09606, CALENDAR NO.
631, TAPIA. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO
REQUIRING THIRD TRIMESTER SYPHILIS TESTING.
ACTING SPEAKER ZEBROWSKI: MS. TAPIA, AN
EXPLANATION HAS BEEN REQUESTED.
MS. TAPIA: THANK YOU, MR. SPEAKER, FOR THE
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NYS ASSEMBLY JUNE 1, 2022
OPPORTUNITY. THIS BILL WOULD REQUIRE PHYSICIANS AND AUTHORIZED
PRACTITIONERS ATTENDING TO PREGNANT PATIENTS TO ORDER A SYPHILIS TEST FOR
THEIR PATIENTS DURING THE THIRD TRIMESTER OF PREGNANCY. CONGENTIAL
SYPHILIS DRAMATICALLY INCREASES THE RISK OF MISCARRIAGES, FETAL GROWTH
RESTRICTION AND NEONATAL DEATHS BECAUSE THE NUMBER OF EARLY SYPHILIS
DIAGNOSES IN PREGNANT INDIVIDUALS AND CONGENITAL SYPHILIS DIAGNOSES
HAVE INCREASED DRAMATICALLY IN THE LAST TEN YEARS, AND SYPHILIS IS
TREATABLE DURING ANY POINT DURING THE PREGNANCY. THIS BILL REPRESENTS A
PRACTICAL (INAUDIBLE) THRESHOLD TO REDUCE THE LIKELIHOOD THAT BABIES ARE
BORN WITH -- WITH OR DIE FROM -- FROM A PREVENTABLE DISEASE.
ACTING SPEAKER ZEBROWSKI: MR. BYRNE.
MR. BYRNE: THANK YOU, MR. SPEAKER, AND THANK
YOU TO THE SPONSOR FOR THAT EXPLANATION. I'M GOING TO BE EXPLAINING MY
VOTE A LITTLE BIT TO SHARE SOME OF THE CONCERNS THAT HAVE BEEN RAISED,
BUT I DO WANT TO THANK THE SPONSOR FOR THE EXPLANATION.
THANK YOU.
ACTING SPEAKER ZEBROWSKI: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 365TH
DAY.
ACTING SPEAKER ZEBROWSKI: THE CLERK WILL
RECORD THE VOTE ON ASSEMBLY BILL 9606. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
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NYS ASSEMBLY JUNE 1, 2022
(THE CLERK RECORDED THE VOTE.)
MR. BYRNE TO EXPLAIN HIS VOTE.
MR. BYRNE: THANK YOU, MR. SPEAKER. AGAIN, I
WANT TO THANK THE SPONSOR FOR THE EXPLANATION OF THE BILL. I THINK IT'S
VERY WELL-INTENTIONED TO TRY TO HELP ADDRESS SYPHILIS WITH PREGNANT
WOMEN TO TRY TO NOT ONLY HELP THE -- THE MOTHER BUT ALSO THE CHILD.
THERE'S SOME CONCERNS THAT HAVE BEEN RAISED BECAUSE WE'RE TALKING
ABOUT ADDING ANOTHER MANDATE. THERE'S ALREADY A REQUIRED MANDATORY
TESTING EARLY ON IN THE PREGNANCY WITH BLOOD TESTS, BUT WE'RE ADDING
ANOTHER ONE IN THE THIRD TRIMESTER. IT JUST DOESN'T SEEM TO BE
CONSIDERING WHETHER OR NOT IT'S NECESSARY FOR PREGNANT WOMEN WHO ARE
NOT SEXUALLY ACTIVE AND IT SEEMS TO BE SOMETHING THAT'S JUST NOT BEING
ACCOUNTED FOR IN THIS BILL. AND ONE OF THE THINGS THAT SOME OF MY
COLLEAGUES AND I DISCUSSED WAS IN THE HEALTH COMMITTEE, IT WAS JUST A
BIT ODD BECAUSE THIS IS ONE BILL WE'RE VOTING ON AND SOME OF US MAY
OPPOSE THIS, SOME MAY VOTE -- VOTE YES. BUT THERE'S ALWAYS SOME
UNDERLYING CONCERNS WHEN AS LEGISLATORS WE'RE INTERVENING IN THE
DOCTOR-PATIENT RELATIONSHIP. ALSO, THERE'S ANOTHER BILL THAT SOME OF US
ARE EXPECTING TO BE ON THE CALENDAR MAYBE TOMORROW THAT GOES IN THE
OPPOSITE DIRECTION THAT WOULD ACTUALLY MAKE IT HARD OR PROHIBIT DOCTORS
FROM REQUIRING CERTAIN DRUG TESTS AND ALCOHOL TESTS FOR PREGNANT
WOMEN. SO THERE SEEMS TO BE THIS LITTLE BIT OF CONTRADICTION IN THE
POLICYMAKING IN OUR STATE'S CAPITOL. THAT SAID, I CERTAINLY ADMIRE THE
GOALS OF THIS BILL, AND HEARING THE EXPLANATION I'M GOING TO CONTINUE TO
VOTE YES.
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NYS ASSEMBLY JUNE 1, 2022
ACTING SPEAKER ZEBROWSKI: MR. BYRNE IN
THE AFFIRMATIVE.
MS. TAPIA TO EXPLAIN HER VOTE.
MS. TAPIA: THANK YOU, MR. SPEAKER. CONGENITAL
SYPHILIS HAD NEARLY BEEN COMPLETELY ELIMINATED IN NEW YORK STATE IN
-- IN 2000. SINCE THAT TIME IT HAS COME BACK AT AN ALARMING RATE. LAST
YEAR, DOH, THE DEPARTMENT -- DEPARTMENT OF HEALTH REPORTED SYPHILIS
DIAGNOSIS IN WOMEN HAVE NEARLY DOUBLED SINCE 2015 TO 1,700
DIAGNOSES, WITH 41 INFANTS BORN WITH CONGENITAL SYPHILIS. IN 2015
THERE WERE ONLY 12 CASES. 2015 (INAUDIBLE) WE HAD 41 CASES. THE
SCREENING AGAIN IN THE THIRD TRIMESTER PRESENTS AN INSTANT SOLUTION TO A
PREVENTABLE DISEASE.
I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER ZEBROWSKI: MS. TAPIA IN
THE AFFIRMATIVE.
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: I APPRECIATE MY COLLEAGUE'S DESIRE
TO PROTECT KIDS FROM SYPHILIS. BUT THIS IS A MANDATORY MEDICAL TEST THAT
WE ARE REQUIRING EVERY PREGNANT WOMAN IN THE STATE OF NEW YORK TO
TAKE IN THEIR THIRD TRIMESTER, EVEN THOUGH THE FIRST TEST WAS NEGATIVE.
AND IN MY DISTRICT, THANKFULLY, MOST PEOPLE, AS FAR AS I KNOW, ARE
RELATIVELY MONOGAMOUS AND WE DON'T CARE. WE SAY, WE DON'T CARE IF
YOU'RE WITH THE SAME PERSON, WE DON'T CARE IF YOUR HUSBAND'S JUST WITH
YOU. WE DON'T CARE IF YOU HAVE ZERO RISK FACTORS, YOU'VE GOT TO TAKE THE
SECOND TEST. AND FOR -- FOR THOSE OF US WHO LIVE IN THOSE KIND OF
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COMMUNITIES IT'S REALLY KIND OF INSULT TO SAY YOU'VE GOT TO TAKE THE TEST
REGARDLESS OF YOUR RISK FACTOR. I FULLY SUPPORT HAVING THE PHYSICIAN SAY
TO PATIENTS, LOOK, IF YOU HAVE ANY RISK -- OF THESE RISK FACTORS YOU OUGHT
TAKE THE TEST. I DON'T HAVE ANY PROBLEM SAYING YOU OUGHT TO TAKE THE
TEST IF YOU HAVE A RISK FACTOR. BUT THAT ISN'T WHAT THIS BILL SAYS. THIS
BILL SAYS YOU MUST TAKE THE TEST REGARDLESS OF ANY RISK FACTORS.
THANK YOU, SIR.
ACTING SPEAKER ZEBROWSKI: MR. GOODELL IN
THE NEGATIVE.
MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER. I'LL BE BRIEF,
I KNOW IT'S LATE. I -- I JUST WOULD PREFER TO LEAVE DECISIONS AS FAR AS
WHAT KIND OF TESTING SHOULD OCCUR BETWEEN A PATIENT AND -- AND HER
DOCTOR. I JUST -- I JUST DON'T THINK THAT THIS IS SOMETHING THAT SHOULD BE
-- THERE COULD BE A BEST PRACTICE THAT'S DEVELOPED WITHIN THAT PROFESSION
AS FAR AS THIS. I JUST DON'T THINK AS A STATE WE SHOULD BE LEGISLATING THIS.
SO I'M GOING TO VOTE IN THE NEGATIVE ON THIS ONE.
THANK YOU.
ACTING SPEAKER ZEBROWSKI: MS. WALSH IN
THE NEGATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 16, RULES REPORT NO. 458, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A08200-B, RULES
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NYS ASSEMBLY JUNE 1, 2022
REPORT NO. 458, JACOBSON, GUNTHER, SIMON, BUTTENSCHON, LUNSFORD,
WALLACE. AN ACT TO AMEND THE GENERAL MUNICIPAL LAW, IN RELATION TO
PROHIBITING INDIVIDUALS IN CERTAIN POSITIONS FROM TAKING ANY POSITION
WITH A BUSINESS OR ENTITY DONG BUSINESS WITH AN INDUSTRIAL DEVELOPMENT
AUTHORITY.
ACTING SPEAKER ZEBROWSKI: ON A MOTION BY
MR. JACOBSON, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER ZEBROWSKI: THE CLERK WILL
RECORD THE VOTE ON SENATE BILL 7445-B. THIS IS A PARTY VOTE. ANY
MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE
POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE
NUMBERS PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE WILL BE GENERALLY OPPOSED TO THIS LEGISLATION FOR THE
REASONS THAT I HOPE TO EXPLAIN IN A MOMENT.
ACTING SPEAKER ZEBROWSKI: MRS. PEOPLES-
STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE DEMOCRATIC MAJORITY IS GENERALLY GOING TO SUPPORT OUR
COLLEAGUE ON THIS LEGISLATION. HOWEVER, THERE MAY BE SOME OF US WHO
WOULD CHOOSE TO BE AN EXCEPTION. THEY SHOULD FEEL FREE TO DO SO BY
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NYS ASSEMBLY JUNE 1, 2022
EITHER PRESSING THEIR VOTE IN THE CHAMBERS OR CALL THE MAJORITY LEADER'S
OFFICE AND WE'LL MAKE SURE YOUR VOTE IS PROPERLY RECORDED.
THANK YOU, SIR.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER ZEBROWSKI: THANK YOU.
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, SIR. THIS BILL HAS THE
LAUDABLE AND POSITIVE INTENT OF TRYING TO PROHIBIT CONFLICTS OF INTEREST
INVOLVING OUR IDAS, AND THAT'S A GREAT THING TO -- TO SEE.
UNFORTUNATELY, THE LANGUAGE IS EXTRAORDINARILY BROAD AND WHEN -- AND
PROVIDES THAT NO INDEPENDENT CONTRACTOR THAT'S WORKING FOR AN IDA CAN
BE AN INDEPENDENT CONTRACTOR OR ANYBODY WHO HAS RECEIVED ANY
FINANCIAL ASSISTANCE FROM THE IDA. SO LET ME GIVE YOU A SIMPLE
EXAMPLE. TRY CALLING A PLUMBER TO FIX THE TOILET AT THE IDA. IF THE -- IF
THE TRADESMAN COMES AND THE PLUMBER, THE ELECTRICIAN, THE CARPENTER,
THE CLEANING SERVICE, THEY'RE INDEPENDENT CONTRACTORS. AND UNDER THIS
LANGUAGE IF THEY COME AND WORK FOR THE IDA THEY CAN'T WORK FOR
ANYONE ELSE WHO HAS RECEIVED ANY FINANCIAL ASSISTANCE FROM THE IDA.
SO PRESUMABLY, IF THEY COME AND DO THE ELECTRICAL OR PLUMBING OR
CONTRACTING WORK OR CLEANING WORK OR ANY OTHER INDEPENDENT
CONTRACTING WORK FOR THE IDA, ANY SUBSEQUENT CLIENT WOULD HAVE TO
SAY, ARE YOU GETTING A PILOT AGREEMENT FROM THE IDA? SORRY, I CAN'T
DO THE ELECTRICAL WORK FOR YOU, CAN'T DO PLUMBING WORK FOR YOU, CAN'T
DO ANY TRADES WORK FOR YOU. SO, THE CONCEPT IS RIGHT. I AGREE WITH MY
COLLEAGUE -- MY COLLEAGUE, THE SPONSOR, THAT WE NEED TO TIGHTEN THESE
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CONFLICT OF INTEREST RULES SO THAT PEOPLE AREN'T WORKING BOTH SIDES OF THE
EQUATION. AND I LOOK FORWARD TO WORKING WITH MY COLLEAGUE TO SEE IF
WE CAN COME UP WITH THE LANGUAGE THAT ACCOMPLISHES THAT.
UNFORTUNATELY, THIS LANGUAGE WHICH INCLUDES INDEPENDENT CONTRACTORS
IS WAY TOO BROAD AND FOR THAT REASON I CAN'T SUPPORT IT. BUT AGAIN, I
LOOK FORWARD TO WORKING WITH MY COLLEAGUE TO SEE IF WE CAN COME UP
NARROWER LANGUAGE THAT ACCOMPLISHES OUR OBJECTIVES.
ACTING SPEAKER ZEBROWSKI: MR. GOODELL IN
THE NEGATIVE.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD MY
COLLEAGUES MR. BRABENEC, MR. MIKULIN, MR. SCHMITT AND MR. SMITH IN
THE AFFIRMATIVE.
THANK YOU, SIR.
ACTING SPEAKER ZEBROWSKI: SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, DO YOU
HAVE FURTHER HOUSEKEEPING OR RESOLUTIONS?
ACTING SPEAKER ZEBROWSKI: WE DO HAVE
BOTH, MRS. PEOPLES-STOKES.
ON A MOTION BY MR. LAWLER, PAGE 30, CALENDAR NO.
168, BILL NO. 5373-A, THE AMENDMENTS ARE RECEIVED AND ADOPTED.
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NYS ASSEMBLY JUNE 1, 2022
ON A MOTION BY MR. SCHMITT, PAGE 31, CALENDAR NO.
181, BILL NO. 5585-B, THE BILL IS AMENDED TO ITS PREVIOUS NUMBER OF
5585-A.
WE HAVE TWO PRIVILEGED RESOLUTIONS. RESOLUTION
1057, THE CLERK WILL READ.
THE CLERK: ASSEMBLY RESOLUTION NO. 1057, MS.
GONZÁLEZ-ROJAS.
LEGISLATIVE RESOLUTION COMMEMORATING THE 30TH
ANNIVERSARY OF THE QUEENS LGBTQ PRIDE PARADE ON JUNE 5, 2022.
ACTING SPEAKER ZEBROWSKI: MS. GONZÁLEZ-
ROJAS.
MS. GONZÁLEZ-ROJAS: THANK YOU, MR. SPEAKER.
FIRST OFF, HAPPY PRIDE. I KNOW IT'S AFTER MIDNIGHT, BUT I WANT TO WISH
EVERYONE HAPPY PRIDE. I WANT TO THANK THE SPEAKER AND THE STAFF FOR
THEIR ASSISTANCE WITH THIS RESOLUTION. MY HOME BOROUGH OF QUEENS IS
HOME TO THE SECOND-OLDEST AND SECOND-LARGEST PARADE -- PRIDE PARADE
IN NEW YORK CITY, WHICH WILL HAPPEN ON JUNE 5TH THIS YEAR. IT WAS
COFOUNDED BY MY FRIEND AND THE FORMER NEW YORK CITY COUNCIL
MEMBER DANNY DROMM. THE NEIGHBORHOOD OF JACKSON HEIGHTS WHERE
IT'S HELD AND WHICH I LIVE AND REPRESENT IS RICH WITH A HISTORY OF QUEER
AND TRANSGENDER PEOPLE WHO HAVE FOUGHT FOR THEIR RIGHT TO LIVE AND TO
THRIVE. THIS YEAR WE'LL MARCHING AS OUR ANCESTORS AND OUR TRANS-CESTORS
BEFORE US, REMEMBERING THE LIVES OF SO MANY WHOSE SHOULDERS WE
STAND ON. WE WILL REMEMBER JULIO RIVERA AND EDGAR GARZON AND SO
MANY LIVES LOST TO VIOLENCE AGAINST OUR LGBTQIA SIBLINGS FROM
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NYS ASSEMBLY JUNE 1, 2022
QUEENS. WE WILL MARCH FOR RESOURCES, FOR OUR HUMAN RIGHTS, AND TO
REMIND EACH OTHER THAT WE GOT US. BUT, WE WILL ALSO DANCE, WE WILL
SING AND WE WILL CELEBRATE. SO THIS SUNDAY WE WILL BE QUEER AND
PROUD BECAUSE WE LIVE IN THE WORLD'S BOROUGH AND BECAUSE QUEENS IS
THE FUTURE.
SO TO CONCLUDE, PLEASE JOIN US, PLEASE MARCH WITH US,
AND AS SYLVIA RIVERA SAID, I AM NOT MISSING A MINUTE OF THIS. IT IS THE
RESOLUTION -- THE REVOLUTION. SO, THANK YOU SO MUCH.
ACTING SPEAKER ZEBROWSKI: ON THE
RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NAY. THE
RESOLUTION IS ADOPTED.
RESOLUTION 1055, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. 1055, MR. MANKTELOW.
LEGISLATIVE RESOLUTION CONGRATULATING LEO MALONE
UPON THE OCCASION OF CELEBRATING HIS 100TH BIRTHDAY.
ACTING SPEAKER ZEBROWSKI: COLLEAGUES, IF
WE COULD HAVE A LITTLE BIT QUIET IN THE CHAMBERS.
MR. MANKTELOW.
MR. MANKTELOW: THANK YOU, MR. SPEAKER. ON
BEHALF OF LEADER BARCLAY AND MYSELF, IT IS MY PLEASURE TO DO THIS
INTRODUCTION OF A GENTLEMAN I MET ABOUT SIX WEEKS AGO. HIS NAME IS
LEO -- LEO MALONE, AND IT IS ON HIS OCCASION OF HIS 100TH BIRTHDAY,
WHICH IS JUNE 27TH OF THIS MONTH. BUT WHAT'S SO SPECIAL ABOUT THIS
GENTLEMAN IS HE IS ONE OF OUR FEW LEFT WORLD WAR II VETERANS. JOINING
THE UNITED STATES ARMY AIR CORPS IN 1942, LEO MALONE TRAINED TO BE
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NYS ASSEMBLY JUNE 1, 2022
AN AIRPLANE ENGINE MECHANIC. HE WENT TO STEWART TECHNICAL SCHOOL IN
NEW YORK CITY TO HONE HIS CRAFT AND LATER WORK ON B-17 BOMBER
AIRCRAFT. HE WAS STATIONED IN HONINGTON AIR BASE IN ENGLAND WHERE HE
WAS BOTH A MECHANIC AND PART OF THE SALVAGE CREW. HE AND HIS TEAM
WOULD GO OUT TO A CRASH SITE AND SALVAGE WHAT THEY COULD FROM CRASHED
AIRPLANES. LEO MALONE WAS HONORABLY DISCHARGED ON DECEMBER 23,
1945. HE EARNED THE MARKSMAN MEDAL, EUROPEAN THEATER OF
OPERATION MEDAL, AND THE "RUPTURED DUCK" MEDAL FOR HIS HONORABLE
DISCHARGE. WHEN I MET THIS GENTLEMAN HE -- HIS ZEST FOR LIFE WAS
AMAZING. HE'S THE TYPE OF GUY THAT WOULD BE HERE ON THIS FLOOR WITH US
TONIGHT DOING -- ARGUING FOR NEW YORKERS, WHAT HE DID FOR US AS A
COUNTRY.
SO ON BEHALF, AGAIN, OF LEADER BARCLAY AND MYSELF,
IT'S MY HONOR AND PRIVILEGE TO INTRODUCE HIM AND SAY THANK YOU, MR.
SPEAKER, FOR ALLOWING ME TO BRING THIS FORWARD. AND THANK YOU SO
MUCH HERE ON AN EARLY THURSDAY MORNING. HAPPY BIRTHDAY, LEO.
ACTING SPEAKER ZEBROWSKI: ON THE
RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NAY. THE
RESOLUTION IS ADOPTED.
WE ALSO HAVE A GROUP OF OTHER RESOLUTIONS WE'LL TAKE
UP TOGETHER.
ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED,
NAY. THE RESOLUTIONS ARE ADOPTED.
(WHEREUPON, ASSEMBLY RESOLUTION NOS. 1051-1054
AND 1056 WERE UNANIMOUSLY ADOPTED.)
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NYS ASSEMBLY JUNE 1, 2022
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I MOVE
THAT THE ASSEMBLY STAND ADJOURNED UNTIL 10:00 A.M., THURSDAY, JUNE
THE 2ND, TOMORROW BEING A SESSION DAY. I WILL SAY THIS, COLLEAGUES.
THE SOONER YOU GET IN AND GET SWIPED INTO THE BASE AND GET READY FOR
THOSE COMMITTEE MEETINGS THAT WE PROBABLY WILL HAVE TO HAVE -
CODES, WAYS AND MEANS AND RULES - THE SOONER WE CAN START SESSION
AT 10:00. HOW ABOUT THAT? WOULDN'T THAT BE GREAT? YES, LET'S DO IT.
ACTING SPEAKER ZEBROWSKI: THE ASSEMBLY
STANDS ADJOURNED.
(WHEREUPON, AT 12:09 A.M., THE HOUSE STOOD
ADJOURNED UNTIL THURSDAY, JUNE 2ND AT 10:00 A.M., THAT BEING A SESSION
DAY.)
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